Office of the Revisor of Statutes
Minnesota Session Laws - 1983, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983
CHAPTER 301--H.F.No. 1290
An act relating to the organization and operation of
state government; appropriating money for the general
legislative, judicial, and administrative expenses of
state government with certain conditions; providing
for the transfer of certain money in the state
treasury; authorizing land acquisition in certain
cases; fixing and limiting the amount of fees and
other costs to be collected in certain cases;
creating, abolishing, modifying, and transferring
agencies and functions; providing for a motor vehicle
study; providing for an information systems directory;
defining and amending terms; providing for settlement
of claims; imposing certain duties, responsibilities,
authority, and limitations on agencies, political
subdivisions, and the University of Minnesota; setting
certain salaries; setting guidelines and procedures
for procurement; establishing boards and a council;
providing for bonds; providing for certain licenses,
permits, and certificates; setting evidentiary
standards for workers' compensation court of appeals;
modifying election procedures; regulating certain
utilities; providing for a review process for tax
expenditures; providing property tax relief for
congressional medal of honor recipients; modifying
certain tax obligations; regulating certain employment
practices; providing assistance for residential energy
conservation; modifying right of detainer and
veterinary liens; providing for reimbursement of
excess pension contributions; providing for capital
improvements planning; allowing the city of Duluth to
enter into a self-insurance pool with private
employers; imposing penalties; amending Minnesota
Statutes 1982, sections 3.732, by adding a
subdivision; 3.922, subdivision 5; 3.9222; 6.65; 7.09,
subdivision 1; 14.14, subdivision 1; 15.16,
subdivision 5; 15A.083, subdivision 1; 16.02,
subdivisions 10a, 14, and by adding a subdivision;
16.083, subdivisions 1, 3, 4, 5, 6, and by adding
subdivisions; 16.084; 16.085; 16.086, subdivision 1;
16.098, subdivision 4; 16.28; 16.32, subdivision 2;
16.75, by adding a subdivision; 16.82, subdivision 1;
16.866, subdivision 1; 16.872, subdivision 4; 16A.125,
subdivision 5; 16A.127, subdivisions 1 and 7; 16A.128;
16A.36; 16A.50; 16A.64, subdivisions 2 and 4; 16A.66,
subdivisions 1, 2, and 3; 43A.05, subdivision 5;
43A.23, subdivision 1; 85A.01, subdivision 2; 85A.04,
subdivision 3, and by adding a subdivision; 98.47, by
adding a subdivision; 98.48, subdivision 9; 105.405,
subdivision 2; 105.41, subdivision 5; 105.44,
subdivision 10; 115A.58, subdivision 2; 116.03,
subdivision 3; 116.07, subdivisions 2a, 9, and by
adding a subdivision; 116.16, subdivision 10; 116.17,
subdivision 2; 116.18, subdivision 1; 116.41,
subdivision 2; 116C.03, subdivision 2; 116J.24, by
adding a subdivision; 116J.27, subdivisions 2 and 6;
116J.31; 116J.36, by adding a subdivision; 116J.42,
subdivision 8; 124.46, subdivision 2; 136.40,
subdivision 8; 139.18, subdivision 1; 148.56; 156A.02,
subdivision 6; 156A.10, subdivision 1; 161.465;
167.50, subdivision 2, as amended by Laws 1983,
chapter 17, section 4; 169.123, subdivision 6; 174.51,
subdivisions 2 and 3; 175A.05; 176.183, subdivision 2;
176.421, subdivisions 1, 3, and 6; 176.441,
subdivision 1; 176.471, subdivision 1; 179.7411;
181A.12, subdivision 1; 183.375, subdivision 5;
183.411, subdivision 3; 183.545; 183.57, subdivision
2; 190.05, subdivisions 5, as amended, 5a, as amended,
and 5b, as amended; 204B.32; 204D.11, subdivision 1;
206.09; 214.06, subdivision 1; 216B.164, subdivisions
2, 3, 5, 6, 8, and by adding a subdivision; 216B.44;
239.10; 290.06, subdivision 13; 290.37, subdivision 1;
290.44; 296.18, subdivision 1; 296.421, subdivision 5;
298.22, subdivision 1; 309.53, subdivision 2, and by
adding a subdivision; 317.67, by adding a subdivision;
322A.16; 322A.71; 331.02, by adding a subdivision;
333.055, subdivision 3; 333.20, subdivision 4; 345.31,
by adding a subdivision; 345.41; 357.08; 360.302,
subdivisions 1, 2, and 3; 363.02, subdivision 1;
363.06, subdivision 4, and by adding a subdivision;
363.071, subdivision 2; 453.54, by adding a
subdivision; 462A.02, subdivision 10; 462A.05, by
adding subdivisions; 462A.21, by adding subdivisions;
471.345, by adding a subdivision; 473.833, subdivision
3; 480.09, subdivision 5; 480.241, subdivision 2;
480A.01, subdivision 2; 514.19; 514.92, subdivision 1;
546.27, subdivision 2; and 648.39, subdivision 5; Laws
1976, chapter 314, section 3; Laws 1980, chapter 564,
article XII, section 1, subdivision 3; Laws 1980,
chapter 614, section 192; Laws 1982, Third Special
Session chapter 1, article 2, section 2, subdivision 1;
proposing new law coded in Minnesota Statutes,
chapters 3; 4; 16A; 116C; 116J; 216B; 270; 273; 462A;
and 471; repealing Minnesota Statutes 1982, sections
3.472; 3.86; 4.073; 8.31, subdivision 4; 114A.01;
114A.02; 114A.03; 114A.04; 114A.05; 114A.06; 114A.07;
114A.08; 114A.09; 116J.27, subdivisions 5 and 7;
193.35; and 297A.05; and Laws 1965, chapters 66 and
312.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [STATE DEPARTMENTS; APPROPRIATIONS.]
The sums set forth in the columns designated
"APPROPRIATIONS" are appropriated from the general fund, or any
other fund designated, to the agencies and for the purposes
specified in the following sections of this act, to be available
for the fiscal years indicated for each purpose. The figures
"1983," "1984," and "1985," where used in this act, mean that
the appropriation or appropriations listed under them are
available for the year ending June 30, 1984, or June 30, 1985,
respectively.
SUMMARY BY FUND
1984 1985 TOTAL
General $446,377,500 $472,622,200 $918,999,700
Special 10,828,900 13,489,000 24,317,900
State Airports 70,000 140,000 210,000
Game and Fish 31,069,800 31,530,300 62,600,100
Trunk Highway 9,460,300 19,260,700 28,721,000
Highway User 1,267,700 1,502,600 2,770,300
Special Comp. 1,678,900 1,697,000 3,375,900
TOTAL $500,753,100 $540,241,800 $1,040,994,900
APPROPRIATIONS
Available for the Year
Ending June 30
1984 1985
Sec. 2. LEGISLATURE
Subdivision 1. Total for
this section $26,974,200 $29,483,900
Subd. 2. Senate 8,253,400 9,280,500
Subd. 3. House of Representatives 12,266,000 13,520,000
Subd. 4 Legislative Coordinating
Commission 3,891,300 4,089,900
The amounts that may be expended from
this appropriation for each activity
are as follows:
Legislative Reference Library
1984 1985
$ 578,400 $ 600,600
Revisor of Statutes
$2,446,600 $2,619,400
Legislative Commission on the Economic
Status of Women
$ 91,000 $ 95,500
Great Lakes Commission
$ 31,500 $ 31,900
Interstate Cooperation Commission
$ 58,800 $ 59,200
$51,900 the first year and $52,000 the
second year is for the state
contribution to the council of state
governments.
Legislative Commission on Pensions
and Retirement
$ 170,200 $ 176,300
Legislative Commission on
Employee Relations
$ 84,100 $ 88,500
Legislative Commission to Review
Administrative Rules
$ 94,100 $ 98,100
Legislative Commission on Waste
Management
$ 122,500 $ 97,100
Mississippi River Parkway Commission
$ 10,300 $ 10,700
This appropriation is from the trunk
highway fund.
LCC - General Support
$ 203,800 $ 212,600
$50,000 the first year and $50,000 the
second year is reserved for
unanticipated costs of agencies in this
subdivision and subdivision 5. The
legislative coordinating commission may
transfer necessary amounts from this
appropriation to the appropriations of
the agencies concerned, and the amounts
transferred are appropriated to those
agencies for expenditure by them. If
the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$56,400 the first year and $60,300 the
second year is for the state
contribution to the national conference
of state legislatures.
Subd. 5. Legislative Audit
Commission 2,563,500 2,593,500
The amounts that may be expended from
this appropriation for each activity
are as follows:
Legislative Audit Commission
$ 11,500 $ 11,800
Legislative Auditor
$2,552,000 $2,581,700
Sec. 3. SUPREME COURT
General Operations and Management 6,321,400 6,093,800
The amounts that may be expended from
this appropriation for each program are
as follows:
Supreme Court Operations
$3,737,200 $3,516,900
$1,202,100 the first year and
$1,204,100 the second year is from the
legal services account in the special
revenue fund for legal services to
low-income clients. Any unencumbered
balance remaining of the legal services
appropriation in the first year does
not cancel but is available for the
second year of the biennium.
$2,100 the first year and $2,100 the
second year is for a contingent account
for expenses necessary for the normal
operation of the court for which no
other reimbursement is provided.
The state court administrator, as
directed by the supreme court, may
transfer the unencumbered balance of
the appropriation for supreme court
operations to an appropriation for the
court of appeals. Transfers shall be
reported immediately to the committee
on finance of the senate and the
committee on appropriations of the
house of representatives.
State Court Administrator
$2,073,600 $2,059,900
$24,800 the first year is to continue
an alternative dispute resolution grant
through December 31, 1983.
Of this amount $200,000 the first year
and $200,000 the second year is
available for the costs associated with
the installation and operation of
automated trial court information
systems within a judicial district.
This appropriation shall be expended
with the approval of the governor after
consultation with the legislative
advisory commission pursuant to
Minnesota Statutes, section 3.30.
The ongoing cost of operating the trial
court information system (TCIS) in a
judicial district shall be shared
between the state and the participating
counties of a judicial district. The
state share of operating costs shall be
limited to the following categories:
computer and terminal equipment
hardware, computer and terminal
equipment maintenance, software
acquisition and maintenance, durable
supplies, communications equipment
acquisition and maintenance, data
communications, and new judicial
district systems personnel. The
participating counties of a judicial
district shall pay all other ongoing
operating costs, including but not
limited to: space rental for computer
equipment, utilities, consumable
supplies, postage, off-site computer
disk file storage, and all
personnel-related expenses other than
salaries and fringe benefits for
judicial district systems personnel.
If the appropriation for the state
court administrator for either year is
insufficient, the appropriation for the
other year is available for it.
State Law Library
$ 510,600 $ 517,000
Sec. 4. COURT OF APPEALS
General Operations and Management 1,141,100 1,948,100
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 5. TRIAL COURTS
General Operations and Management 12,805,500 12,846,300
The amounts that may be expended from
this appropriation for each program are
as follows:
District and County Court Judges
$12,262,000 $12,302,100
Included in this appropriation is
$24,000 the first year and $24,000 the
second year for judges' membership dues
in state and local judges'
associations, up to $100 per judge.
District Court Administrators
$ 543,500 $ 544,200
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 6. BOARD ON JUDICIAL
STANDARDS 111,200 112,600
Approved Complement - 2
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 7. BOARD OF PUBLIC DEFENSE 349,100 348,900
This appropriation includes $340,000
each year to assist in the provision of
criminal and juvenile defense to
indigent individuals, allocated as
follows:
St. Paul-Neighborhood Justice Center, Inc.
For cases arising in Ramsey county.
$ 95,000 $ 95,000
Minneapolis-Legal Rights Center, Inc.
For cases arising in Hennepin county.
$ 55,000 $ 55,000
Duluth-Duluth Indian Legal Assistance Program
For cases arising in St. Louis and Mille
Lacs counties.
$ 85,000 $ 85,000
Cass Lake-Leech Lake Reservation Criminal and
Juvenile Defense Corp.
For cases arising in Cass, Itasca, Hubbard,
and Beltrami counties.
$ 52,500 $ 52,500
White Earth-White Earth Reservation Criminal
and Juvenile Defense Corp.
For cases arising in Mahnomen, Becker, and
Clearwater counties.
$ 52,500 $ 52,500
For the biennium ending June 30, 1985,
the legislative auditor may conduct
periodic post-award audits of these
grants as may be requested by the board
of public defense and approved by the
legislative audit commission.
In accordance with procedures
established by the board of public
defense, applications for funding
during fiscal years 1986 and 1987 shall
be received from Minnesota based public
defense corporations currently
established or from agencies or
nonprofit organizations seeking to
become established as public defense
corporations.
The applications shall be reviewed and
prioritized by the board, and a
recommended level of funding shall be
included in the budget document
transmitted from the board to the 1985
legislature.
Sec. 8. PUBLIC DEFENDER
General Operations and Management 964,300 970,500
Approved Complement - 25
The amounts that may be expended from
this appropriation for each activity
are as follows:
Public Defender Operations
$ 727,000 $ 732,100
Legal Assistance to Minnesota
Prisoners
$ 142,400 $ 143,100
Legal assistance to Minnesota prisoners
shall serve the civil legal needs of
persons confined to state institutions.
None of this appropriation shall be
used to pay for lawsuits against public
agencies or public officials to change
social or public policy.
Legal Advocacy Project
$ 94,900 $ 95,300
Sec. 9. GOVERNOR
General Operations and Management 2,209,400 2,215,700
The amounts that may be expended from
this appropriation for each program are
as follows:
Executive Operations
$2,147,600 $2,153,900
This appropriation includes $248,700
the first year and $251,200 the second
year for the office of lieutenant
governor.
$66,700 the first year and $66,700 the
second year is for the committee on
appointments.
$225,500 the first year and $226,900
the second year is for the state
ceremonial building, of which $10,000
each year is to provide part-time staff
assistance to the state ceremonial
building council established in
Minnesota Statutes, section 16.872.
$125,000 the first year and $125,000
the second year is for executive
operations in Washington, D.C.
Of this appropriation $17,000 the first
year and $17,000 the second year is for
personal expenses connected with the
offices of the governor and lieutenant
governor.
Interstate Representation and
Cooperation
$ 61,800 $ 61,800
This appropriation is for membership
dues of the national governors
association.
The governor may transfer unencumbered
balances among the purposes specified
in this section, except that no
transfer may be made from the
appropriation to the lieutenant
governor. Transfers shall be reported
immediately to the committee on finance
of the senate and the committee on
appropriations of the house of
representatives.
Sec. 10. SECRETARY OF STATE
General Operations and Management 1,205,900 1,537,200
Approved Complement - 36
The amounts that may be expended from
this appropriation for each activity
are as follows:
Elections and Publications
$ 251,200 $ 499,900
Uniform Commercial Code
$ 108,600 $ 105,700
Business Services
$ 485,500 $ 575,900
Administration
$ 268,000 $ 269,400
Fiscal Operations
$ 92,600 $ 86,300
The secretary of state may transfer
unencumbered balances not specified for
a particular purpose among the
activities specified in this section.
Transfers shall be reported immediately
to the committee on finance of the
senate and the committee on
appropriations of the house of
representatives.
Sec. 11. STATE AUDITOR 381,100 383,900
Approved Complement - 122
General - 7.5
Revolving - 114.5
$72,000 each year is to provide an
account the auditor may bill for costs
associated with conducting single
audits of federal funds. This account
may be used only when no other billing
mechanism is feasible.
During the biennium ending June 30,
1985, the commissioner of finance shall
not approve any rate increase for the
state auditor beyond those in effect on
January 1, 1983, except for adjustments
necessitated by salary increases,
indirect cost assessments, and other
verifiably escalating expenses
associated with performing their
reimbursable audits.
Sec. 12. STATE TREASURER
Subdivision 1. Treasury Management 612,400 584,600
Approved Complement - 20
During the biennium ending June 30,
1985, the state treasurer shall use
armored car services to transport cash
outdoors.
Subd. 2. Unclaimed property 392,200 395,100
Approved Complement - 9
This appropriation is to the
commissioner of commerce.
Sec. 13. ATTORNEY GENERAL
General Operations and Management 12,603,400 13,039,000
Approved Complement - 304
General - 293
Federal - 11
The amounts that may be expended from
this appropriation for each activity
are as follows:
Public Administration
$1,519,800 $1,579,500
Public Resources
$3,052,900 $3,179,300
Public Assistance
$1,717,800 $1,786,500
Public Protection
$3,428,000 $3,560,100
$49,100 the first year and $48,200 the
second year is for the state match
associated with establishing a public
assistance vendor fraud unit. The
attorney general shall report to the
committee on finance in the senate and
the committee on appropriations in the
house of representatives at the end of
each fiscal year of the biennium ending
June 30, 1985. The report shall
include the purposes for which the
funding was utilized and documented
revenues returned to the treasury
pursuant to the activities of this
unit. The state does not guarantee any
continued funding beyond this biennium.
$442,700 the first year and $466,200
the second year is for costs and
expenses incurred by the attorney
general in enforcing and making claims
under state and federal antitrust
laws. The attorney general shall
report the purposes for which this
money is utilized. The reports shall
be made to the committee on finance of
the senate and the committee on
appropriations of the house of
representatives at the end of each
fiscal year. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it.
$94,100 in the second year shall be
expended with the approval of the
governor after consultation with the
legislative advisory commission
pursuant to Minnesota Statutes, section
3.30. The commissioner of public
safety shall report to the chairmen of
the house appropriations committee and
the senate finance committee by
February 15, 1984, on the effects of
the recent changes in Minnesota
Statutes, section 169.123 on the
numbers of requests for administrative
review, petitions for judicial review,
hearings, and appeals.
Legal Policy and Administration
$2,884,900 $2,933,600
Of this appropriation $50,000 each year
is for a special account for
unanticipated legal expenses. If the
appropriation for either year is
insufficient, the appropriation for the
other years is available for it.
The attorney general may transfer
unencumbered balances not specified for
a particular purpose among the
activities specified in this section.
Transfers shall be reported immediately
to the committee on finance of the
senate and the committee on
appropriations of the house of
representatives.
Sec. 14. INVESTMENT BOARD 1,391,300 1,405,000
Approved Complement - 30
During the biennium ending June 30,
1985, the executive director of the
board of investment shall apportion the
actual expenses incurred by the board
on an accrual basis among the several
funds whose assets are invested by the
board based on the weighted average
assets under management during each
quarter. The charge to each retirement
fund shall be calculated, billed, and
paid on a quarterly basis in accordance
with procedures for interdepartmental
payments established by the
commissioner of finance. The amounts
necessary to pay these charges are
appropriated from the investment
earnings of each retirement fund.
Receipts shall be credited to the
general fund as nondedicated receipts.
Funds other than retirement funds shall
be not billed; their portion of the
expenses will be borne by the general
fund. It is estimated that these
receipts will be $999,700 for the first
year and $1,013,700 for the second year.
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
The legislature intends to address
during the interim before the 1984
session the proper role of retirement
fund members, both active and retired,
and the constitutional officers, in the
process of making investment decisions.
Sec. 15. ADMINISTRATIVE HEARINGS 1,414,000 1,428,400
Approved Complement
General - 34.0
Revolving - 20.5
Workers' Compensation
$1,414,000 $1,428,400
During the biennium ending June 30,
1985, the legislative commission to
review administrative rules shall
explore alternative dispute resolution
procedures including, but not limited
to, informal mediation and binding
arbitration to be offered as
alternative options to the
administrative hearing process. The
commission may call upon the resources
of the office of administrative
hearings, the state planning agency,
and the bureau of mediation services to
assist the commission with the study.
The study shall be coordinated with any
similar efforts being made by the
office of the governor.
Sec. 16. ADMINISTRATION
General Operations and Management 20,514,100 20,424,200
1984 1985
Approved Complement - 770 760
General - 369.7 359.7
Dedicated - 400.3 400.3
The amounts that may be expended from
this appropriation for each program are
as follows:
Management Services
$3,807,300 $3,737,000
By January 1, 1984, the commissioner of
administration shall complete a review
of the records retention and
disposition schedules for state
agencies in the executive branch
previously approved by the records
disposition panel and recommend to the
agency and to the panel shortening the
retention period for records whose cost
of retention for that period is, in her
opinion, excessive in relation to the
benefit from retention for that period.
Real Property Management
$8,956,300 $9,087,600
$140,000 the first year and $195,000
the second year is for operation and
maintenance of the Minnesota education
association building at 55 Sherburne
Avenue, if acquired by the state.
By January 1, 1984, the commissioner
shall conduct a study of parking fees
and parking policies in the capitol
complex, the seven county metropolitan
area, and outstate areas. The study
shall include, but not be limited to,
the review of free, subsidized, and
full rate lots and whether rates
charged should recover in total or in
part the costs of improvements to the
lots. The report shall be sent to the
chairmen of the appropriations
committee in the house and the finance
committee in the senate.
The cost of energy audits performed on
buildings housing activities of the
department of natural resources and the
transportation department shall be
reimbursed to the general fund from the
game and fish fund and the trunk
highway fund respectively.
The department of administration shall
designate adequate space on second
floor of the capitol building to be
retained for food distribution services
pursuant to section 248.07, subdivision
7.
Repair and Betterment
$ 642,200 $ 384,500
$67,000 the first year shall be used to
incorporate prairie landscaping in Cass
Gilbert park and, if funds are
available, install irrigation systems
in the remainder of the park and other
areas within the capitol complex.
$58,000 each year is for tree and shrub
replacement. This appropriation shall
be used for native Minnesota trees and
shrubs, primarily evergreens.
The commissioner and the capitol area
architectural and planning board shall
consult with and solicit the assistance
of volunteers provided by the state
horticultural society to improve and
maintain the flowers, shrubs, and trees
in the capitol area.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
State Agency Services
$1,914,000 $1,554,000
$250,000 the first year and $20,000 the
second year is for automation of the
procurement system.
During the biennium ending June 30,
1985, the commissioner of
administration shall purchase goods
under contracts held by the regents of
the University of Minnesota and
Hennepin and Ramsey counties whenever
this will result in cost savings to the
state. The commissioner shall study
the consequences of doing this for all
purchases.
During the biennium ending June 30,
1985, the commissioner of
administration shall provide state
agency guidebooks to members of the
legislature.
Public Services
$4,248,000 $4,712,600
$211,800 each year is for block grants
to public television stations.
$373,500 each year is for matching
grants to public television stations.
$195,100 each year is for grants to
public radio stations pursuant to
Minnesota Statutes, section 139.19.
$120,000 the first year is for
emergency equipment replacement at the
Austin public television station.
$2,000 the first year and $2,000 the
second year is for the state employees'
band.
Any unencumbered balance remaining in
the first year for grants to public
television or radio stations does not
cancel but is available for the second
year of the biennium.
General Support
$ 946,300 $ 948,500
The commissioner of administration with
the approval of the commissioner of
finance may transfer unencumbered
balances not specified for a particular
purpose among the programs specified in
this section. Transfers shall be
reported immediately to the committee
on finance of the senate and the
committee on appropriations of the
house of representatives.
Sec. 17. CAPITOL AREA
ARCHITECTURAL AND PLANNING BOARD 90,800 91,300
Approved Complement - 2
Sec. 18. FINANCE
General Operations and Management 6,430,300 6,591,300
Approved Complement - 122
The amounts that may be expended from
this appropriation for each program are
as follows:
Accounting Operations
$4,075,300 $4,133,400
During the biennium ending June 30,
1985, the commissioner of finance shall
not allow the allotment by any agency
for statewide accounting terminal or
printer costs if the costs are no
longer to be incurred by those
agencies. This shall produce
additional cancellations to the general
fund of $16,000 each year.
Budget and Control
$1,246,400 $1,344,000
Fiscal Management and Administration
$1,108,600 $1,113,900
The commissioner of finance may
transfer unencumbered balances not
specified for a particular purpose
among the programs specified in this
section. Transfers shall be reported
immediately to the committee on finance
of the senate and the committee on
appropriations of the house of
representatives.
Sec. 19. EMPLOYEE RELATIONS
General Operations and Management 3,423,900 3,432,400
Approved Complement - 101
General - 95
Special - 6
The amounts that may be expended from
this appropriation for each program are
as follows:
Administration
$1,038,700 $1,044,500
Equal Opportunity
$ 158,100 $ 158,300
Labor Relations
$ 372,600 $ 374,000
No state employee negotiated labor
agreement shall contain a provision
that guarantees a minimum number of
allowable overtime hours to any
employee.
The commissioner of employee relations
shall not recommend or adopt a
compensation plan pursuant to Minnesota
Statutes, section 43A.18, subdivisions
2, 3, and 4, for payroll periods that
begin after July 1, 1983, and end
before July 1, 1985, if the
compensation plan permits an employee
who has received a salary increase
after July 1, 1983 to convert
accumulated vacation leave into cash or
deferred compensation before separation
from state service.
Personnel
$1,854,500 $1,855,600
The commissioner of employee relations
with the approval of the commissioner
of finance may transfer unencumbered
balances not specified for a particular
purpose among the programs specified in
this section. Transfers shall be
reported immediately to the committee
on finance of the senate and the
committee on appropriations of the
house of representatives.
Sec. 20. REVENUE
General Operations and Management 33,107,900 33,770,200
1984 1985
Approved Complement - 973 982
The complement number includes ten
unfunded positions.
The amounts that may be expended from
this appropriation for each program are
as follows:
Revenue Management
$9,928,500 $10,129,600
$200,000 the first year and $400,000
the second year is for a management and
systems review of the department's data
processing networks, for preparation of
a plan for development or replacement
of computerized systems, and for
proceeding with development in the
areas of highest demonstrated need.
None of the appropriation for the
development of computer systems shall
be expended until the commissioner of
revenue has submitted to the
legislature a plan for the development
of new computer systems and has
received the recommendations of the
chairmen of the committee on finance of
the senate and the committee on
appropriations of the house of
representatives on the plan.
When projects for computer systems have
been approved in writing by the
commissioner of revenue, the
commissioner may cause funds to be
encumbered in the state accounting
system and the encumbered funds shall
not cancel at the end of the fiscal
year but shall be available for the
approved project only, for a period not
exceeding one year or until the
approved project has been completed,
whichever is shorter.
After the commissioner of revenue
begins to expend the appropriation, he
shall report every three months
describing the progress made and the
money expended in developing computer
systems. The report shall be submitted
to the committee on finance of the
senate and the committee on
appropriations of the house of
representatives.
$50,000 each year is to prepare the tax
expenditure budget report required by
this act. By March 1, 1984, the
commissioner shall present a progress
report to the chairmen of the
appropriations and tax committees in
the house of representatives and the
finance and tax committees in the
senate. The progress report on the tax
expenditure budget shall include, but
not be limited to, the proposed format
to be used, preliminary data collected,
the basis on which estimates were made,
and the funding sources involved.
The commissioner shall report by
January 15, 1984, on the feasibility of
either establishing a fee or retaining
a percentage of each debt recaptured
pursuant to Minnesota Statutes, section
270A.07, in order to cover the costs of
administering the program. The report
shall be submitted to the chairmen of
the appropriations committee in the
house of representatives and the
finance committee in the senate.
Income, Sales, and Use Tax Management
$18,859,000 $19,317,800
$136,000 each year is for the
reinstatement of walk-in taxpayer
assistance programs. * (This item of
section 20 was vetoed by the governor.)
If the office of the legislative
auditor does not evaluate the
desirability of continuing the current
system of field offices and their
satellite offices by July 1, 1984, the
management analysis division of the
department of administration shall do
so. The study shall include
consideration of management
requirements; and evaluation of field
versus office audit work; and the cost
benefit of colocating these offices
with federal district revenue offices,
merger, or elimination. A report shall
be submitted to the chairmen of the
appropriations committee in the house
of representatives and the finance
committee in the senate by July 1,
1984, if done by the legislative
auditor, or by July 1, 1985, if done by
the management analysis division.
Property and Special Taxes Management
$4,200,900 $4,202,400
$4,000 the first year and $4,000 the
second year is for payment of property
taxes of veterans awarded the
congressional medal of honor.
Assessors Board
$ 119,500 $ 120,400
$75,000 each year is for state paid
tuition for required assessor training.
The commissioner of revenue with the
approval of the commissioner of finance
may transfer unencumbered balances not
specified for a particular purpose
among the programs specified in this
section. Transfer shall be reported
immediately to the committee on finance
of the senate and the committee on
appropriations of the house of
representatives.
Sec. 21. TAX COURT 313,000 314,000
Approved Complement - 6
Sec. 22. NATURAL RESOURCES
General Operations and Management 84,765,100 86,231,600
Approved Complement - 1572
General - 1003
Special - 21
Game and Fish - 523
Federal - 25
Of this appropriation $46,019,500 the
first year and $45,465,400 for the
second year is from the general fund;
$500,000 the first year and $500,000
the second year is from the
consolidated conservation area account
in the special revenue fund; $2,417,200
the first year and $4,798,500 the
second year is from the forest
management account in the special
revenue fund; $622,800 the first year
and $696,800 the second year is from
the nongame wildlife management account
in the special revenue fund; $3,000,500
the first year and $3,000,500 the
second year is from the state park
maintenance and operation account in
the special revenue fund; $2,360,300
the first year and $2,540,100 the
second year is from the snowmobile
trails and enforcement account in the
special revenue fund; and $29,844,800
the first year and $29,230,300 the
second year is from the game and fish
fund.
The amounts that may be expended from
this appropriation for each program are
as follows:
Administrative Management Services
$6,272,300 $6,508,800
$2,442,400 the first year and
$2,484,900 the second year is from the
game and fish fund.
$75,000 the first year and $225,000 the
second year is from the snowmobile
trails and enforcement account in the
special revenue fund.
During the biennium ending June 30,
1985, the fee for transferring existing
leases, licenses, and agreements at the
lessee's request is $30.
During the biennium ending June 30,
1985, the utility crossing application
fee is $100.
During the biennium ending June 30,
1985, the fee for certifying trust fund
land ownership, railroad land grants,
and conveyances of them, as requested,
is $25.
$300,000 the first year and $300,000
the second year is for boating safety
pursuant to Minnesota Statutes, section
296.421, subdivision 4.
The commissioner of natural resources
with the approval of the commissioner
of finance may transfer unencumbered
balances among the programs authorized
pursuant to Laws 1981, chapter 304,
section 4. No transfer of balances
among the programs may be authorized
until the legislative commission on
Minnesota resources has approved
amended work programs. Transfers shall
be reported immediately to the
committee on finance of the senate and
the committee on appropriations of the
house of representatives.
Regional Administration
$3,306,600 $3,324,000
$773,400 the first year and $783,500
the second year is from the game and
fish fund.
Of these amounts, $508,100 from the
general fund and $156,700 from the game
and fish fund in the second year is for
a regional office contingent account.
Up to this amount may be released for
regional administration only after the
legislature has received a study of the
regional and subregional structure of
the department of natural resources.
The management analysis unit in the
department of administration shall
conduct the study with the assistance
of the department of natural
resources. The study along with any
recommendation for reorganization shall
be presented to the legislature by
January 1, 1984.
Notwithstanding the provisions of Laws
1982, chapter 641, article I, section
2, subdivision 1, paragraph (f), the
commissioner need not close the
metropolitan region office.
Field Services Support
$5,190,000 $5,276,000
$1,549,600 the first year and
$1,627,700 the second year is from the
game and fish fund.
Water Resources Management
$3,305,200 $3,311,500
Of the general fund appropriation
reduction in Laws 1982, Third Special
Session chapter 1, article 2, section
2, subdivision 1, paragraph (m), clause
(2), $415,000 is from the water bank
appropriation in Laws 1976, chapter 83,
section 27.
Mineral Resources Management
$5,036,300 $4,544,200
$250,000 the first year and $250,000
the second year is for copper-nickel
test drilling. Two positions for this
purpose are in the unclassified civil
service and their continued employment
is contingent upon the availability of
money from the appropriation. When the
appropriation has been expended, their
positions shall be canceled and the
approved complement of the agency
reduced accordingly. Part-time
employment of persons is authorized.
$300,000 the first year and $300,000
the second year is for minerals
research. Any unencumbered balance
remaining in the first year shall not
cancel but is available for the second
year.
$750,000 the first year and $750,000
the second year is for direct reduction
research, of which $500,000 the first
year and $500,000 the second year is
available only as matched by $1 of
nonstate money for each $2 of state
money. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year.
In order to promote the establishment
of energy efficient direct reduction
technologies that could increase the
competitiveness of Minnesota's
taconite, the iron range resources and
rehabilitation board should consider
sponsoring research and development of
a direct reduction facility on the iron
range.
$277,200 the first year and $283,100
the second year is for mineland
reclamation.
$1,529,500 the first year and
$1,027,900 the second year is for peat
management, of which $1,250,000 the
first year and $750,000 the second year
is for peat development. The
commissioner may match this state money
with money from nonstate sources. Any
unencumbered balance remaining in the
first year does not cancel but is
available for the second year.
Of these amounts, $250,000 the first
year and $250,000 the second year is
for a detailed peat survey,
environmental monitoring, reclamation
field work, and rules development.
Six positions in peat development are
in the unclassified civil service and
their continued employment is
contingent upon the availability of
money from the appropriation. When the
appropriation has been expended, their
positions shall be canceled and the
approved complement of the agency
reduced accordingly. Part-time
employment of persons is authorized.
The commissioner shall review all
peatlands identified as ecologically
significant areas in the Minnesota peat
program final report dated August,
1981. If any of these lands meet the
resource and site qualifications for
designation as a unit of the outdoor
recreation system under Minnesota
Statutes, chapter 86A, the commissioner
shall designate the units or recommend
that the legislature authorize the
units pursuant to Minnesota Statutes,
section 86A.07 on or before July 1,
1986.
Site preparation for commercial peat
mining is limited to the west central
lakes peat bog and any other bog that
will be disturbed by activities
relating to the mining of metallic
minerals or other construction or
excavation that would seriously impair
the value of the land for other
purposes.
The commissioner shall report to the
legislature by January 1, 1984 and
January 1, 1985 on the progress of peat
development projects funded by this
appropriation.
Forest Management
$18,789,100 $20,931,200
$2,342,200 the first year and
$4,723,500 the second year is from the
forest management account in the
special revenue fund.
$500,000 the first year and $500,000
the second year is from the
consolidated conservation areas account
in the special revenue fund.
$930,700 the first year and $967,600
the second year is for emergency fire
fighting. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it. No more than
$382,100 the first year and $398,600
the second year is available for
presuppression costs.
$3,750,000 the first year and
$3,750,000 the second year is to
implement the federal Boundary Waters
Canoe Area legislation and is available
only to match federal money on a basis
of 80 percent federal, 20 percent
state, provided that no more than
$250,000 the first year and $250,000
the second year may be expended prior
to the appropriation of federal funds.
If the federal reimbursement is
appropriated, the state appropriations
are available until September 30, 1984,
and September 30, 1985, respectively.
The federal reimbursement shall be
deposited in the general fund.
The following positions now in the
unclassified service shall be
transferred to the classified civil
service of the state: three forest
soil and hydrology positions (three
natural resources forest soil
specialists); four forest planners (one
planning supervisor state, two planner
seniors state, one planner principal
state); ten forest management
specialists (nine natural resources
specialist 2/foresters, and one clerk
typist 2). The incumbents of these
positions shall be transferred, without
competitive examination, to
probationary status in the classified
civil service. Positions and employees
shall be placed in the same
classification and pay step as of June
30, 1983, by the commissioner of
employee relations.
All of the employees' accrued vacation
and sick leave shall be transferred to
their credit.
It is requested that the legislative
audit commission undertake a study of
the fees and taxes imposed by the state
relative to the forest industry. The
study should seek to determine the cost
and benefit relationship between state
expenditures that enhance the
commercial and industrial forest
economy and the revenue generated
through fees and taxes imposed on that
sector. The study should be completed
and presented to the legislature by
December 1, 1983.
Fish Management
$7,965,300 $8,031,400
Except for $32,100 the first year and
$32,200 the second year from the
general fund for acid rain, this
appropriation is from the game and fish
fund.
$149,700 the first year and $178,300
the second year is for trout stream
management.
Wildlife Management
$10,490,100 $9,649,900
$610,300 the first year and $684,300
the second year is from the nongame
wildlife management account in the
special revenue fund. $9,749,200 the
first year and $8,834,900 the second
year is from the game and fish fund.
The following positions now in the
unclassified service shall be
transferred to the classified civil
service of the state: two natural
heritage positions (natural resource
specialist 3). The incumbents of these
positions shall be transferred, without
competitive examination, to
probationary status in the classified
civil service and shall be placed in
the same classification and at the same
step as at present. All of the
employees' accrued vacation and sick
leave shall be transferred to their
credit.
$854,300 the first year and $854,900
the second year is for deer habitat
improvement.
$633,000 in the first year and $653,400
the second year is for payments to
counties in lieu of taxes on acquired
wildlife lands.
$2,310,700 the first year and
$1,310,700 the second year is from the
wildlife acquisition account for the
acquisition and development of wildlife
management areas.
Ecological Services
$ 880,500 $ 881,700
$535,500 the first year and $535,200
the second year is from the game and
fish fund.
Effective July 1, 1983, aquatic plant
control permit fees established
pursuant to Minnesota Statutes, section
98.48, subdivision 9 are doubled.
Notice of the revised fees shall be
published in the state register as soon
as practicable.
Parks and Recreation Management
$9,703,100 $9,787,800
$3,000,500 the first year and
$3,000,500 the second year is from the
state park maintenance and operation
account in the special revenue fund.
$171,700 the first year and $180,400
the second year is for the program to
employ needy elderly persons in the
maintenance and operation of state
parks.
Upon expiration of the concessionaire
contract at Fort Snelling state park,
the commissioner shall work with the
contract holder to establish a youth
hostel at the park.
$23,500 the first year and $23,200 the
second year is for payments in lieu of
taxes on lands in voyageurs national
park and St. Croix wild river state
park. If the appropriation for either
year is insufficient, the appropriation
for the other year is available for it.
Enforcement
$8,351,500 $8,427,000
$75,000 the first year and $75,000 the
second year is from the snowmobile
trails and enforcement account in the
special revenue fund.
$6,010,500 the first year and
$6,090,900 the second year is from the
game and fish fund.
$994,300 the first year and $994,300
the second year is for grants to
counties for boat and water safety.
The appropriation from the game and
fish fund includes $12,000 the first
year and $12,000 the second year for
the purpose of controlling smelt
fishing activities on the north shore,
including development of parking
facilities, traffic control,
coordination of regulatory agencies,
control of trespass and vandalism,
control of littering and sanitation,
and public information and education.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Planning and Research
$ 868,800 $ 893,500
The following positions now in the
unclassified service shall be
transferred to the classified civil
service of the state: four policy
development and management analysis
positions and five natural resources
data systems positions. The incumbents
of these positions shall be
transferred, without competitive
examination, to probationary status in
the classified civil service.
Positions and employees shall be placed
in the proper classifications by the
commissioner of employee relations,
with compensation appropriate to the
assigned classifications. All of the
employees' accrued vacation and sick
leave shall be transferred to their
credit.
$84,600 the first year and $84,600 the
second year is for a grant to the
Mississippi headwaters board for up to
50 percent of the cost of implementing
the comprehensive plan for the upper
Mississippi within areas under its
jurisdiction.
$19,900 the first year and $19,900 the
second year is for department operating
and administrative expenses associated
with the Mississippi headwaters board
grant and the implementation of the
plan in areas along the river that are
not included within the jurisdiction of
the Mississippi headwaters board.
The commissioner of natural resources
shall not disburse any money to the
Mississippi headwaters board or for
implementation of the plan in areas
along the river that are not included
within the jurisdiction of the
Mississippi headwaters board until a
copy of the cooperative Mississippi
river management and jurisdiction
agreement, signed by all the parties,
has been filed in his office.
Youth Programs
$ 805,600 $ 809,300
This appropriation is for the operation
of the Minnesota conservation corps, a
summer youth program and a year-round
young adult program. The department
shall ensure that youths in all parts
of the state have an equal opportunity
for employment and that equal numbers
of male and female youth be selected
for the summer residential program.
Youth enrollees shall be 15 - 18 years
old inclusive and young adult enrollees
shall be 18 - 26 years old inclusive.
Enrollees in the Minnesota conservation
corps shall not be considered a public
employee under the definition contained
in Minnesota Statutes, section 179.63,
subdivision 7. The youth conservation
corps shall provide service for the
various department of natural resources
disciplines including parks, forestry
and wildlife habitat improvement, and
trails and waterways.
$125,000 the first year and $125,000
the second year is from the wildlife
acquisition account in the game and
fish fund for the development of
wildlife management areas.
$75,000 the first year and $75,000 the
second year is from the forest
management account in the special
revenue fund for the development of
forest lands.
$12,500 the first year and $12,500 the
second year is from the nongame
wildlife management account in the
special revenue fund for the purpose of
nongame wildlife management. Any
unencumbered balance remaining in the
first year shall not cancel, but is
available the second year.
$50,000 the first year and $50,000 the
second year is from the snowmobile
trails and enforcement account in the
special revenue fund for the
development of state snowmobile trails
consistent with the purposes of the
fund.
$75,000 the first year and $75,000 the
second year is from the game and fish
fund for the the purpose of public
access and lake improvements.
No part of this appropriation may be
expended for a project that is not
consistent with the purposes of the
fund from which the appropriation is
made.
Trails and Waterways Management
$3,574,000 $3,629,300
$2,160,300 the first year and
$2,190,100 the second year is from the
snowmobile trails and enforcement
account in the special revenue fund.
Of this amount $300,000 the first year
and $300,000 the second year is
available for acquisition and
development of state snowmobile trails;
up to $45,000 the first year and up to
$45,000 the second year is available
for professional services relating to
acquisition and development of state
snowmobile trails; and $1,262,600 the
first year and $1,298,600 the second
year is for snowmobile grants-in-aid.
$651,000 the first year and $674,000
the second year is from the game and
fish fund for public access and lake
improvements, but is available for
expenditure only to the extent that
unrefunded marine gasoline tax revenues
pursuant to Minnesota Statutes, section
296.421, subdivision 4, are actually
received by the game and fish fund.
Minnesota Environmental Education Board
$ 226,700 $ 226,000
The commissioner of natural resources
with the approval of the commissioner
of finance may transfer unencumbered
balances not specified for a particular
purpose among the programs specified in
this section. Transfers shall be
reported immediately to the committee
on finance of the senate and the
committee on appropriations of the
house of representatives.
Sec. 23. ZOOLOGICAL BOARD
General Operations and Management 5,545,300 5,502,700
Approved Complement - 155.3
General - 136.8
Special - 16.5
Gift - 2.0
The amounts that may be expended from
this appropriation for each program are
as follows:
Visitor Programs
$ 928,400 $ 930,800
Biological Programs
$1,402,300 $1,406,000
Business Management Services
$ 644,500 $ 646,400
Physical Facilities
$2,570,100 $2,519,500
The director of the Minnesota
zoological garden with the approval of
the commissioner of finance may
transfer unencumbered balances not
specified for a particular purpose
among the programs specified in this
section, except that he shall make no
transfer into the zoo ride program.
Transfers shall be reported immediately
to the committee on finance of the
senate and the committee on
appropriations of the house of
representatives.
During the biennium ending June 30,
1985, the fee structure for the
Minnesota zoological garden shall be
established by the zoological garden
board.
Sec. 24. WATER RESOURCES BOARD 109,500 113,300
Approved Complement - 3
Sec. 25. POLLUTION CONTROL AGENCY
General Operations and Management 6,298,700 6,476,100
1984 1985
Approved Complement - 350.0 359.0
General - 164.5 174.5
Federal - 185.5 184.5
The amounts that may be expended from
this appropriation for each program are
as follows:
Water Pollution Control
$1,646,500 $1,653,200
Balances remaining from appropriations
made in Laws 1977, chapter 455, section
33, subdivision 8, paragraph (b), lake
improvement grants-in-aid, may be
utilized for lake improvement grant
administration. One position is
authorized for this purpose.
Air Pollution Control
$ 874,200 $ 818,200
$304,100 the first year and $247,800
the second year is for the acid rain
program.
Solid Waste and Hazardous
Waste Pollution Control
$1,991,700 $2,213,200
$257,000 the first year and $537,400
the second year is additional money for
the hazardous waste regulatory program
and shall be covered by hazardous waste
generator and facility fees collected
for the biennium ending June 30, 1985.
Regional Support
$ 603,900 $ 606,100
General Support
$1,182,400 $1,185,400
The director of the pollution control
agency, with the approval of the
commissioner of finance, may transfer
unencumbered balances not specified for
a particular purpose among the
activities specified in this section.
Transfers shall be reported immediately
to the committee on finance of the
senate and the committee on
appropriations of the house of
representatives.
Sec. 26. ENVIRONMENTAL QUALITY
BOARD 1,275,500 1,304,100
Approved Complement - 25
Classified and unclassified state
employees involved in the
implementation and administration of
the duties of the water planning board
and the southern Minnesota rivers basin
board shall be transferred, except for
the position of chairperson of the
water planning board, to the
environmental quality board in the
classified service of the state without
competitive examination and shall be
placed in the proper classification by
the commissioner of employee relations
with compensation as provided for the
classifications. Nothing in this
paragraph shall be construed as
abrogating or modifying any rights now
enjoyed by affected employees under the
commissioner's or managerial plans for
unrepresented employees or the terms of
an agreement between the exclusive
representatives of public employees and
the state or one of its appointing
authorities.
Sec. 27. WASTE MANAGEMENT BOARD 1,713,500 1,089,600
1984 1985
Approved Complement - 25 20
General - 18 13
Bond Fund - 7 7
$180,000 the first year and $60,000 the
second year is for grants to counties
and local project review committees.
Any unencumbered balance remaining the
first year shall not cancel but is
available for the second year.
Sec. 28. ENERGY AND ECONOMIC
DEVELOPMENT
General Operations and Management 24,769,100 18,672,800
Approved Complement - 141.5
General - 116
Federal - 25.5
The amounts that may be expended from
this appropriation for each program are
as follows:
Energy
$3,215,200 $2,610,900
$31,600 the first year and $68,400 the
second year is to develop and market
energy audits for multifamily and
commercial buildings.
$51,500 the first year and $48,500 the
second year is for energy audit
interpretation.
$300,000 the first year is for matching
grants for planning the development of
district heating systems.
$40,000 the first year and $40,000 the
second year is for administration of
the district heating planning grants.
$68,000 the first year is for a steam
trap survey.
$60,000 the first year is for energy
management training, including training
of 800 building operators.
$89,500 the first year and $40,500 the
second year is for the superinsulated
home demonstration project.
$46,500 the first year and $36,000 the
second year is for the building energy
research center.
Economic Development
$1,746,000 $1,796,000
$125,000 the first year and $125,000
the second year is for a grant to the
Duluth port authority. * (This item of
section 28 was vetoed by the governor.)
$180,000 the first year and $180,000
the second year is for community
development corporations.
Any unencumbered balance remaining in
the domestic development activity does
not cancel but is available for the
second year.
$60,000 the first year and $60,000 the
second year is for a grant to a
nonprofit corporation for the purpose
of developing the motion picture and
television industries. The grant shall
be made only after the commissioner has
established criteria for grant
proposals and has solicited proposals
through an open application process by
July 1, 1983. To provide appropriate
review for the disbursement of the
grant, the governor shall appoint five
persons to a Minnesota motion picture
and television advisory council. The
governor shall designate one of the
appointees as chairperson and liaison
to the governor for all activities
concerning the grant recipient. It is
a condition of the grant that the
grantee shall submit a work plan to the
council in a form determined by the
council. None of the money provided by
the grant may be expended unless it is
part of an approved work plan. The
appropriation for the second year is
available only if the grantee can
demonstrate the ability to match the
amount on the basis of $1 of money from
nonpublic sources for each $1 of state
money.
Financial Management
$15,613,400 $9,386,100
$10,000,000 the first year and
$5,000,000 the second year is for
transfer to the economic development
fund, if created by other law enacted
at the 1983 regular session.
$3,500,000 the first year and
$4,000,000 the second year is for
transfer to the energy loan insurance
fund, if created by other law enacted
at the 1983 regular session.
$1,800,000 is for transfer to a reserve
account in the energy development fund,
if created by other law enacted at the
1983 regular session. Any unencumbered
balance remaining in the first year
shall not cancel and is available for
the second year.
$313,400 the first year and $386,100
the second year is for part of the
staff of the energy and economic
development authority, if created by
other law enacted at the 1983 regular
session. These amounts include $18,000
the first year and $22,000 the second
year for expenses of an intervention
office, and $44,000 the first year and
$46,000 the second year for a business
assistance program.
Science and Technology
$242,600 $254,800
This appropriation is for a science and
technology function. The commissioner
may hire a director and additional
staff as he deems necessary to carry
out this function within this
appropriation.
The science and technology director
shall give advice and recommendations
to the governor regarding technically
related subjects including new issue
analysis, research and development
goals and projects, education
initiatives, technologically related
economic development, environmental
protection, intergovernmental
technology sharing, and governmental
use of technology including the use of
advanced information and communication
technologies.
In the development of recommendations,
the science and technology director
shall establish a procedure for the
evaluation of research projects with
potential to become the basis of
technological industrial growth in
Minnesota. As part of this procedure,
in order to ensure standards of
excellence and cost beneficial
expenditure of Minnesota state funding
sources for research, the science and
technology director shall consider a
system of peer review analogous to the
national science foundation or national
institutes of health, to evaluate and
select proposals according to merit and
scientific significance.
In addition, the science and technology
director shall monitor and promote the
opportunities for expanded federal
expenditures in research and
development in and for Minnesota, and
act as a liaison and coordinator for
activities of established scientific
groups beneficial to the enhancement of
science and technology. These groups
include but are not limited to the
Minnesota academy of sciences, the
science museum, and various local,
national, and regional professional and
academic societies.
The science and technology director and
supportive staff shall cumulatively
reflect expertise or familiarity with a
wide range of scientific areas
including basic science (physics,
chemistry, biology, and mathematics),
information sciences, engineering, and
medical, agricultural, and
biotechnology.
Tourism
$3,951,900 $4,625,000
In order to develop maximum private
sector involvement in tourism marketing
activities, $1,000,000 for the first
year and $1,000,000 for the second year
will be placed in a separate account.
Money will be made available from this
account to the office of tourism after
verification and documentation of
private sector contributions to
marketing tourism. For purposes of
this appropriation, private sector
in-kind services may provide one-half
the match for this money in the first
year.
"Private sector" means any private
person, firm, corporation, or
association, including but not limited
to regional tourism organizations and
chambers of commerce or convention
bureaus.
The director shall submit a work
program and semiannual progress
reports, including the amount of
private sector contributions received,
to the chairman of the senate finance
committee and the chairman of the house
of representatives appropriations
committee.
In order to provide equity and
representation of all tourism
accommodation businesses, the office of
tourism will produce directories of all
these businesses.
Money provided to each of the six
Minnesota tourism regions shall be used
for the purpose of purchasing media
space and time and marketing specific
geographic areas within each region.
None of this money shall be used for
any type of administrative, salary, or
overhead costs of the region. Ten
percent of the total regional funding
shall be withheld pending final audit
each year to assure adherence to the
goals of the program. No money will be
provided until a detailed marketing
plan is approved by the director of
tourism. The three northern regions
will coordinate their activities
through the money provided by this
section. In addition, the two southern
regions will coordinate their programs.
The director shall review the quality
of tourism marketing and promotion done
at the regional level and report to the
legislature by January 1, 1984 the
findings and recommendations.
The commissioner of energy and economic
development with the approval of the
commissioner of finance may transfer
unencumbered balances not specified for
a particular purpose among the programs
specified in this section. Transfers
shall be reported immediately to the
committee on finance of the senate and
the committee on appropriations of the
house of representatives.
Sec. 29. INTERNATIONAL TRADE
General Operations and Management 3,270,000 1,130,000
Approved Complement - 17
$2,000,000 the first year is for
transfer to the export finance
authority working capital account, if
created by other law enacted at the
1983 regular session.
$320,000 the first year and $280,000
the second year is for administration
of the export finance authority and
export information office, if created
by other law enacted at the 1983
regular session.
$900,000 the first year and $850,000
the second year is for the trade and
export activity.
$50,000 the first year is for the world
trade center commission, which is
hereby created. The commission shall
consist of nine members appointed by
the governor. The appointees of the
governor shall include persons
knowledgeable in the areas of finance,
export business, and education. The
commission shall select a chairperson
and other officers it believes
necessary. The purpose of the
commission is to study the feasibility,
size, scope, site, development, bonding
authority, costs, and the amount of
private and public financial commitment
required for a Minnesota world trade
center. The commission may do all
things necessary and reasonable to
conduct the study including holding
meetings and soliciting testimony and
information. The commission shall
report to the legislature and the
governor by January 15, 1984, its
conclusions and recommendations
concerning the world trade center. The
commission expires February 1, 1984.
The appropriations in this section are
to the commissioner of agriculture,
except as otherwise provided in this
section.
The commissioner of agriculture with
the approval of the commissioner of
finance may transfer unencumbered
balances not specified for a particular
purpose among the programs specified in
this section. Transfers shall be
reported immediately to the committee
on finance of the senate and the
committee on appropriations of the
house of representatives.
Sec. 30. STATE PLANNING AGENCY
General Operations and Management 4,138,600 3,918,900
Approved Complement - 99
General - 67
Special - 4
Revolving - 10
Federal - 18
$40,000 the first year and $40,000 the
second year is for policy studies and
research relating to general
manufacturing, energy, and
technology-related businesses jointly
initiated and conducted by labor,
business, education, and government.
$10,000 in the first year is to study
the feasibility of merging the
departments of health and public
welfare into a new department called
the department of human services. The
study shall examine the
intergovernmental, social,
administrative, and financial
ramifications of the merger including:
(1) services to be provided to the
public; (2) administration of programs;
(3) appropriate funding mechanisms; (4)
appropriate interagency activity to
effectuate the merger; and (5)
reassignment of various areas of
responsibility within the departments
of health and public welfare to other
state agencies as appropriate. The
state planning director shall report to
the legislature and to the governor by
January 1, 1984.
$110,000 the first year and $110,000
the second year is for a grant to the
environmental conservation library
(ECOL).
$418,400 the first year and $418,400
the second year is for regional
planning grants.
$42,500 each year is for a grant to the
government training service.
$200,000 each year is for grants for
youth intervention programs.
$250,000 shall be transferred to the
land management information center
revolving account as working capital
and shall be repaid to the general fund
when service bureau fee receipts
permit, but $166,600 shall be repaid by
June 30, 1985 and $83,400 shall be
repaid by June 30, 1986.
The balance of $111,676 remaining in
the appropriation made by Laws 1979,
chapter 301, section 6, subdivision 2,
is available the day following final
enactment to be used by the
commissioner to match money
appropriated to the department of
natural resources for the alteration of
a portion of an old railroad bridge
over the St. Louis river in the city of
Duluth to make the bridge suitable for
use as a public access fishing pier and
observation site.
The state planning director with the
approval of the commissioner of finance
may transfer unencumbered balances not
specified for a particular purpose
among the programs specified in this
section. Transfers shall be reported
immediately to the committee on finance
of the senate and the committee on
appropriations of the house of
representatives.
Sec. 31. NATURAL RESOURCES ACCELERATION
Subdivision 1. General Operations
and Management 10,212,000 10,235,500
Approved Complement - 80
The amounts that may be expended from
this appropriation for each activity
are more specifically described in the
following subdivisions of this section.
For all appropriations in this section,
if the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 2. Legislative Commission on
Minnesota Resources 230,000 232,500
For the biennium ending June 30, 1985,
the commission shall review the work
programs and progress reports required
under this section, and report its
findings and recommendations to the
committee on finance of the senate,
committee on appropriations of the
house of representatives, and other
appropriate committees. The commission
shall establish oversight committees to
continue review of a variety of natural
resource subject areas as it believes
necessary to carry out its legislative
charge.
Subd. 3. Department of
Natural Resources 5,164,600 5,111,600
Approved Complement - 67
The amounts that may be expended from
this appropriation for each activity
are as follows:
(a) Department Information System
$300,000 $300,000
Approved Complement - 5
For partial implementation of a
department-wide plan for a computer and
word processing system.
(b) Volunteer Management Intensification
$97,000 $98,000
Approved Complement - 2
To begin coordination of volunteers in
all disciplines through staff
assistance and time budgeting.
(c) Groundwater Management
$150,000 $150,000
Approved Complement - 3
To apply innovative information
collection techniques and develop
general watershed management rather
than the site and permit specific
approach. Data shall be collected in a
format consistent and compatible with
the Minnesota land management
information system and provided to that
system as appropriate.
(d) Mineral Potential
$85,000 $85,000
Approved Complement - 2
Additional field work and research to
understand mineral potential.
(e) Accelerated Phase II Forest
Inventory
$225,000 $225,000
Approved Complement - 10
As one part of a three-part accelerated
effort to complete the detailed
inventory, including grahics machine
and public land sampling. Data shall
be collected in a format consistent and
compatible with the Minnesota land
management information system and
provided to that system as appropriate.
(f) Forestry Information System
$344,000 $345,000
Approved Complement - 4
To finish development of an automated
information system.
(g) Forest Recreation Development
$400,000 $400,000
Approved Complement - 3
To plan and implement rehabilitation of
recreation development in state
forests. All project costs are
included in this appropriation.
(h) Wildfire Planning
$97,000 $98,000
Approved Complement - 3
To analyze, budget, and implement the
most physically and economically
effective fire protection on a pilot
basis.
(i) Park Planning
$110,000 $110,000
Approved Complement - 6
To complete the remaining master plans
required under Minnesota Statutes,
chapter 86A, and recommend disposition
of all other units.
(j) River Planning
$100,000 $100,000
Approved Complement - 4
To continue river planning analysis and
technical assistance to local units for
protection of river resources and to
develop a proposal for possible
inclusion in agency operations.
(k) Scientific and Natural Areas
Planning
$40,000 $41,000
Approved Complement - 1
To continue management planning under
Minnesota Statutes, section 84.033 and
chapter 86A, for nine areas.
(l) Park Development
$2,042,000 $2,042,000
Approved Complement - 8
For major rehabilitation and new
development in state parks and
recreation areas. All project costs
are included in this appropriation.
$726,000 the first year and $749,000
the second year is from the state park
development account in the special
revenue fund. $450,000 of this
appropriation represents anticipated
reimbursements to be received during
the biennium from the land and water
conservation fund to be earned by
expenditures from this subdivision and
is available for expenditure only as
these reimbursements are deposited in
the state treasury.
(m) Parks Information System
$103,500 $ 46,500
Approved Complement - 2
To develop a computerized information
system to assist management activity in
state parks.
(n) Water Access Acquisition and
Development
$740,000 $740,000
Approved Complement - 5
To acquire access sites and improve or
develop sites around the state. All
project costs are included in this
appropriation. The commissioner shall
make every effort to maximize the use
of local effort and finances in the
program. $150,000 of the appropriation
represents anticipated reimbursements
from the land and water conservation
fund to be earned by expenditures from
this subdivision and is available for
expenditure only as these
reimbursements are deposited in the
state treasury.
In addition to this direct
appropriation, and notwithstanding
Minnesota Statutes, section 86.72,
federal money for recreational boating
facilities improvement programs under
United States Code, title 46, sections
1474 to 1481 made available by section
421 of the Surface Transportation
Assistance Act of 1982, 96 Statutes at
Large, pages 2162 to 2163, earned by
projects in this section is
appropriated to the commissioner of
natural resources for water access
acquisition and development and is
available until expended.
(o) Implement Resource and Management
Plan on Department of Natural Resources Lands
$200,000 $200,000
Approved Complement - 5
To implement an allocation plan based
on land suitability and capability and
public advice, which includes sale or
exchange, or both. Data shall be
collected in a format consistent and
compatible with the Minnesota land
management information system and
provided to that system as appropriate.
(p) Wild and Scenic Rivers
$ 62,500 $ 62,500
Approved Complement - 2
To continue the wild and scenic river
management program previously funded by
legislative commission on Minnesota
resources.
(q) Statewide Data Water Network
$ 68,600 $68,600
Approved Complement - 2
To continue legislative commission on
Minnesota resources support for the
statewide water data network.
Subd. 4. Pollution Control
Agency 230,000 231,000
Approved Complement - 3
The amounts that may be expended from
this appropriation for each activity
are as follows:
(a) Soil and Watershed Acidification
$93,000 $93,000
Approved Complement - 1
For the first biennium of a
two-biennium effort to assess the
effects of atmospheric deposition on
soils. Data shall be collected in a
format consistent and compatible with
the Minnesota land management
information system and provided to that
system as appropriate.
(b) Groundwater Analysis Near
Dump Sites
$72,000 $73,000
Approved Complement - 1
To investigate the effects on
groundwater of 15 unregulated solid
waste open dumps and improve management
processes. Data shall be collected in
a format consistent and compatible with
the Minnesota land management
information system and provided to that
system as appropriate.
(c) Survey Organics in Monitor
Wells
$50,000 $50,000
Approved Complement - 1
For sampling up to 350 private wells in
the monitoring network for analysis of
organics. Data shall be collected in a
format consistent and compatible with
the Minnesota land management
information system and provided to that
system as appropriate.
(d) Garvin Brook Monitoring
$15,000 $15,000
To provide water quality monitoring on
the joint, federal-state project needed
to assess the impact of land
treatment. Data shall be collected in
a format consistent and compatible with
the Minnesota land management
information system and provided to that
system as appropriate.
Subd. 5. Energy, Planning
and Development 2,064,000 2,065,000
Approved Complement - 9
The amounts that may be expended from
this appropriation for each activity
are as follows:
(a) Resource Management Models
$75,000 $75,000
Approved Complement - 1
For accelerated development of
applications models to predict and
simulate the effects of alternative
policies and practices. Data shall be
collected in a format consistent and
compatible with the Minnesota land
management information system and
provided to that system as appropriate.
(b) Recreation Grants
$1,750,000 $1,750,000
Approved Complement - 4
For recreation open space projects
requested by local units of
government. The cost of administration
is included in this appropriation.
This appropriation is for grants of up
to 50 percent of the total cost, or 50
percent of the local share if federal
money is used. Up to 25 percent is
available for acquisition. The per
project limit for state grants is
$200,000.
The first priority in allocation is for
development projects and for projects
that are eligible for federal funding.
Notwithstanding any other law to the
contrary, these grants are not
contingent upon the matching of federal
grants.
$875,000 the first year and $875,000
the second year is reserved for
projects outside the metropolitan area
as defined in Minnesota Statutes,
section 473.121, subdivision 2.
This appropriation shall be expended
with the approval of the governor after
consultation with the legislative
advisory commission. The legislative
commission on Minnesota resources shall
make recommendations to the legislative
advisory commission regarding the
expenditures.
(c) Bioenergy Research
$150,000 $150,000
Approved Complement - 1
To continue research into biomass
production potential on peat and other
lands.
(d) Assessment and Development
of Alternative Energy Business
$89,000 $90,000
Approved Complement - 3
To assess the potential for business
development of alternative energy
resources.
Subd. 6. Department of Health 65,000 65,000
Approved Complement - 1
Survey Organics in Community Water
Supplies
To provide equipment and a one-time
sampling and analysis of volatile
organic compounds in selected community
water supplies.
Subd. 7. University of Minnesota 1,835,000 1,826,000
The amounts that may be expended from
this appropriation for each activity
are as follows:
(a) Strategic Minerals Research
Capacity
$265,000 $265,000
For equipment and analysis to examine
potential strategic minerals
identification and recovery (cobalt,
manganese, platinum, titanium).
(b) Taconite Reduction
$49,000 $49,000
For research to achieve increased
metallic iron production from taconite.
(c) Aeromagnetic Survey
$346,000 $347,000
For the third biennium of a
six-biennium effort to electronically
acquire geologic data. Data shall be
collected in a format consistent and
compatible with the Minnesota land
management information system and
provided to that system as appropriate.
(d) Geology of Southeast Minnesota
$30,000 $30,000
To determine subsurface drainage and
hydrology, and evaluate the impact of
land practices. Data shall be
collected in a format consistent and
compatible with the Minnesota land
management information system and
provided to that system as appropriate.
(e) Computer Analysis of Contaminant
Spreading
$90,000 $90,000
To develop interactive graphics models
of contaminant spreading between
selected Twin Cities aquifers. Data
shall be collected in a format
consistent and compatible with the
Minnesota land management information
system and provided to that system as
appropriate.
(f) Accelerated Detailed Soil Survey
$925,000 $925,000
For the fourth biennium of a
seven-biennium effort to provide the
appropriate detailed survey, based upon
the adopted cost-share formula between
county, state, and federal ownership
ratios. Data shall be collected in a
format consistent and compatible with
the Minnesota land management
information system and provided to that
system as appropriate.
(g) Research on River and Lake Management
$70,000 $70,000
To develop lake water quality
simulations and predict river oxygen
dynamics, and predict river scour and
fill effects. Data shall be collected
in a format consistent and compatible
with the Minnesota land management
information system and provided to that
system as appropriate.
(h) Hydropower Research Facility
Instrumentation
$50,000 $50,000
To provide instrumentation of donated
equipment for advanced research
capability.
(i) Underground Space Center
$10,000
To provide for expenses involved in
conducting an international conference
in October 1983 on the benefits and
uses of underground space.
Subd. 8. Minnesota Historical
Society 75,000 75,000
The amounts that may be expended from
this appropriation for each activity
are as follows:
(a) Microfilm Public Land Records
$25,000 $25,000
For completion of the project to
microfilm state land ownership records.
(b) Conservation of Historic
Collections
$50,000 $50,000
To provide the match for grants from
the national endowment for the
humanities and private sector, all for
the purpose of repair, restoration, and
stabilization of the collections. The
match money is appropriated.
Subd. 9. Science Museum of
Minnesota 22,000 23,000
For a natural history survey of
Minnesota's aquatic invertebrates.
Data shall be collected in a format
consistent and compatible with the
Minnesota land management information
system and provided to that system as
appropriate.
Subd. 10. Work Programs
It is a condition of acceptance of the
appropriations made by this section
that the agency or entity receiving the
appropriation shall submit work
programs and semiannual progress
reports in the form determined by the
legislative commission on Minnesota
resources. None of the money provided
in this section may be expended unless
the commission has approved the
pertinent work program. Upon request
from the commission the agency head
shall submit an evaluation by July 1,
1984, as to whether the program should
be incorporated in the next agency
budget.
Subd. 11. Complement Temporary
Persons employed by a state agency and
paid by an appropriation in this
section are in the unclassified civil
service and their continued employment
is contingent upon the availability of
money from the appropriation. When the
appropriation has been expended, their
positions shall be canceled and the
approved complement of the agency
reduced accordingly. Part-time
employment of persons is authorized.
Subd. 12. Federal Reimbursement
Account 526,400 606,400
This appropriation is for the
expenditure purposes in the natural
resources federal reimbursement account
in Minnesota Statutes, section 86.72.
Sec. 32. LABOR AND INDUSTRY
General Operations and Management 9,033,000 9,512,700
Approved Complement - 225
General - 126.5
Federal - 39.5
Special - 59
The amounts that may be expended from
this appropriation for each program are
as follows:
Employment Standards
$ 764,700 $ 767,800
Workers' Compensation
$4,991,800 $5,417,100
Of this appropriation $1,678,900 the
first year and $1,697,000 the second
year is from the special compensation
fund.
$2,329,200 the first year and
$2,733,900 the second year is for
reimbursement of the special
compensation fund pursuant to Minnesota
Statutes, section 176.183, subdivision
2.
$300,000 the first year and $300,000
the second year is for payment of peace
officer survivor benefits pursuant to
Minnesota Statutes, section 352E.04.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
During the biennium ending June 30,
1985, the commissioner of labor and
industry shall impose fees under
Minnesota Statutes, section 16A.128,
sufficient to cover the cost of
approving and monitoring qualified
rehabilitation consultants, consultant
firms, and vendors of rehabilitation
services.
The commissioner shall study the need
for establishing criteria which would
determine whether a workers'
compensation claim is handled by the
division's attorneys, referred for
private action, or referred for
arbitration or mediation. The
commissioner shall report to the
legislature the conclusions of this
study by February 15, 1984.
Code Enforcement
$ 728,600 $ 732,100
The commissioner is instructed to merge
the inspection duties of the boiler
inspectors and the steamfitting
inspector.
OSHA
$ 996,700 $1,006,800
The salary and expenses associated with
the passenger elevator inspector shall
be paid from the building code
surcharge revenues produced pursuant to
Minnesota Statutes, section 16.866.
General Support
$1,014,300 $1,030,700
$125,000 the first year and $125,000
the second year is for a grant to the
Minneapolis urban league labor
education advancement program.
$125,000 the first year and $125,000
the second year is for a grant to the
St. Paul urban league labor education
advancement program. Before payment of
these grants, the commissioner shall
secure an approved contract that
specifies the detailed budget to be
submitted for use of each grant, the
frequency and format of periodic
reports on actual use of the grants,
and audit requirements. The
legislative auditor may conduct
post-award audits of these grants as
requested by the commissioner and
approved by the legislative audit
commission. Twenty percent of each
grant in each year, or $25,000, shall
be available for payment upon
demonstration of a dollar for dollar
match from nonstate contributions. If
continuation of state funding is
anticipated in the 1985-1987 fiscal
biennium, the commissioner shall
develop an application process by which
organizations currently established or
organizations seeking to become
established as providers of labor
education advancement programs may seek
funding. The applications shall be
reviewed and prioritized by the
commissioner, and a recommended level
of funding shall be transmitted by the
commissioner to the 1985 legislature.
Information Management Services
$ 536,900 $ 558,200
The commissioner of labor and industry
with the approval of the commissioner
of finance may transfer unencumbered
balances not specified for a particular
purpose among the programs specified in
this section. Transfers shall be
reported immediately to the committee
on finance of the senate and the
committee on appropriations of the
house of representatives.
Sec. 33. WORKERS' COMPENSATION
COURT OF APPEALS 382,200 382,800
Approved Complement - 9
The workers' compensation court of
appeals shall report by February 15,
1984, to the chairmen of the senate
finance committee and the house
appropriations committee on the
standards governing payments under
Minnesota Statutes, chapter 352E. The
report must describe any ambiguity in
the definition of peace officers,
eligible beneficiaries, and eligibility
to receive benefits.
Sec. 34. MEDIATION SERVICES 1,113,600 1,077,900
Approved Complement - 24
Sec. 35. PUBLIC EMPLOYMENT
RELATIONS BOARD 51,700 52,000
Approved Complement - 1
Sec. 36. MILITARY AFFAIRS
General Operations and Management 4,865,100 4,833,700
Approved Complement - 235
General - 130.8
Federal - 104.2
Plus additional personnel as may be
financed entirely from federal money
for the period federal money is
available.
The amounts that may be expended from
this appropriation for each program are
as follows:
Maintenance of Military Training Facilities
$3,735,000 $3,760,700
$4,100 each year is for an additional
custodial position at Holman field.
The adjutant general is directed to
seek a federal share of $12,300 each
year.
The city of Moorhead having in error
transferred $23,600 to the state
general fund for an armory improvement,
$23,600 is for repayment to the city of
Moorhead, effective the day after
compliance with Minnesota Statutes,
section 645.021, subdivision 3, by the
governing body of the city of Moorhead.
The management analysis division of the
department of administration shall
review the feasibility of armory
consolidation or closure. The study
shall include in its considerations the
needs of this department for defense
and training related activities; the
availability of other emergency
facilities within the communities; and
the age, physical maintenance needs,
and personnel costs of the existing
buildings.
The study shall also consider the cost
effectiveness of reducing custodial
hours, sharing custodial services among
the armories, and increasing local
financial support of armory maintenance
expenses.
The recommendations resulting from this
study shall be transmitted to the
chairman of the finance committee in
the senate and the appropriations
committee in the house of
representatives by March 15, 1984.
General Support
$1,130,100 $1,073,000
$71,400 the first year and $71,300 the
second year is for expenses of military
forces ordered to active duty pursuant
to Minnesota Statutes, chapter 192. If
the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
The adjutant general with the approval
of the commissioner of finance may
transfer unencumbered balances not
specified for a particular purpose
between the programs specified in this
section. Transfers shall be reported
immediately to the committee on finance
of the senate and the committee on
appropriations of the house of
representatives.
Sec. 37. VETERANS AFFAIRS
General Operations and Management 10,449,800 10,540,300
Approved Complement - 314.5
The amounts that may be expended from
this appropriation for each program are
as follows:
Veterans Benefits and Services
$2,277,200 $2,256,400
$1,938,100 each year is for emergency
financial and medical needs of
veterans. For the biennium ending June
30, 1985, the commissioner shall limit
financial assistance to veterans and
dependents to six months, unless
recipients have been certified as
ineligible for other benefit programs.
Of this appropriation, $50,000 each
year shall be expended with the
approval of the governor after
consultation with the legislative
advisory commission pursuant to
Minnesota Statutes, section 3.30.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Of this appropriation, $37,800 the
first year and $38,500 the second year
is for war veterans and war orphans
education aid, to be expended pursuant
to Minnesota Statutes, section 197.75.
Veterans Home - Minneapolis
$6,116,200 $6,217,200
Of the appropriation in fiscal year
1984, $10,000 is for a grant to the
Vietnam veterans awareness council for
the purposes of obtaining liability
insurance and repairs and betterments
on building #2 which currently provides
emergency shelter for veterans and
their families.
By January 15, 1984, the commissioner
shall report to the legislature on the
cost effectiveness of seeking
certification of the Minneapolis
nursing care building for medical
assistance reimbursement.
Veterans Home - Hastings
$2,047,800 $2,066,700
Big Island Veterans Camp
$ 8,600
This appropriation is for contract
expenses associated with operating the
Big Island veterans camp; the contract
shall be for up to two years in length
and shall specify that the contractor
will cooperate with the Hennepin county
park reserve district.
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
The commissioner of veterans affairs
with the approval of the commissioner
of finance may transfer unencumbered
balances not specified for a particular
purpose among the programs specified in
this section. Transfers shall be
reported immediately to the committee
on finance of the senate and the
committee on appropriations of the
house of representatives.
Sec. 38. INDIAN AFFAIRS
INTERTRIBAL BOARD 205,100 208,900
Approved Complement - 7
General - 6
Federal - 1
Ten percent of the funding in the
second year, or $20,900, shall be
available for allotment upon
demonstration of dollar for dollar
match with nonstate contributions.
Those dollars, up to the $20,900, not
receiving a match shall cancel to the
general fund.
The agency shall report to the senate
finance committee and house of
representatives appropriations
committee by March 1, 1984 its
accomplishments for the first six
months of the biennium and its work
program, including its goals,
objectives, timelines, and structure,
for the remainder of the biennium. The
appropriation for the second year is
available for expenditure only with the
approval of the governor after
consultation with the legislative
advisory commission, pursuant to
Minnesota Statutes, section 3.30.
Sec. 39. COUNCIL ON AFFAIRS OF
SPANISH-SPEAKING PEOPLE 104,600 105,500
Approved Complement - 3
Ten percent of the funding in the
second year, or $10,600, shall be
available for allotment upon
demonstration of dollar for dollar
match with nonstate contributions.
Those dollars, up to the $10,600, not
receiving a nonstate match shall cancel
to the general fund.
The agency shall report to the senate
finance committee and house of
representatives appropriations
committee by March 1, 1984 its
accomplishments for the first six
months of the biennium and its work
program, including its goals,
objectives, timelines, and structure,
for the remainder of the biennium. The
appropriation for the second year is
available for expenditure only with the
approval of the governor after
consultation with the legislative
advisory commission, pursuant to
Minnesota Statutes, section 3.30.
Sec. 40. COUNCIL ON BLACK
MINNESOTANS 104,400 105,600
Approved Complement - 3.5
Ten percent of the funding in the
second year, or $10,600, shall be
available for allotment upon
demonstration of dollar for dollar
match with nonstate contributions.
Those dollars, up to the $10,600, not
receiving a nonstate match shall cancel
to the general fund.
The agency shall report to the senate
finance committee and house of
representatives appropriations
committee by March 1, 1984 its
accomplishments for the first six
months of the biennium and its work
program, including its goals,
objectives, timelines, and structure,
for the remainder of the biennium. The
appropriation for the second year is
available for expenditure only with the
approval of the governor after
consultation with the legislative
advisory commission, pursuant to
Minnesota Statutes, section 3.30.
Sec. 41. COUNCIL FOR THE
HANDICAPPED 330,700 336,700
Approved Complement - 10
Ten percent of the funding in the
second year, or $33,700, shall be
available for allotment upon
demonstration of dollar for dollar
match with nonstate contributions.
Those dollars, up to the $33,700, not
receiving a nonstate match shall cancel
to the general fund.
The agency shall report to the senate
finance committee and house of
representatives appropriations
committee by March 1, 1984 its
accomplishments for the first six
months of the biennium and its work
program, including its goals,
objectives, timelines, and structure,
for the remainder of the biennium. The
appropriation for the second year is
available for expenditure only with the
approval of the governor after
consultation with the legislative
advisory commission, pursuant to
Minnesota Statutes, section 3.30.
Sec. 42. HUMAN RIGHTS
General Operations and Management 1,363,400 1,440,900
Approved Complement - 59
General - 43
Federal - 16
The commissioner of administration
shall assign a transition team to work
with the commissioner of human rights
in reviewing or developing charge
intake and charge processing policies.
Specific action plans shall be
developed for the purpose of improving
the administration and enforcement of
the Human Rights Act. The commissioner
of administration shall report to the
legislature by February 1, 1984, on the
action plans developed and an analysis
of the resources needed to accomplish
the statutory responsibilities of the
commissioner of human rights. The
commissioner of administration shall
consult with the attorney general to
ensure that the new enforcement
alternatives being implemented are
consistent with the objectives and
requirements of Minnesota Statutes,
chapter 363.
The amounts that may be expended from
this appropriation for each program are
as follows:
Enforcement
$ 900,400 $ 979,300
The commissioner of human rights may
assign priority to the investigation of
charges based on likelihood of early
settlement, potential for widespread
impact on discriminatory behavior, or
other criteria as established by the
commissioner by rule adopted pursuant
to Minnesota Statutes, chapter 14. By
February 1, 1984, the commissioner
shall report to the legislature on the
charge-processing policies that have
been adopted.
Planning, Public Information and
Administrative Services
$ 463,000 $ 461,600
The commissioner of human rights with
the approval of the commissioner of
finance may transfer unencumbered
balances not specified for a particular
purpose among the programs specified in
this section. Transfers shall be
reported immediately to the committee
on finance of the senate and the
committee on appropriations of the
house of representatives.
The agency shall report to the senate
finance committee and house of
representatives appropriations
committee by March 1, 1984 its
accomplishments for the first six
months of the biennium and its work
program, including its goals,
objectives, timelines, and structure,
for the remainder of the biennium. The
appropriation for the second year is
available for expenditure only with the
approval of the governor after
consultation with the legislative
advisory commission, pursuant to
Minnesota Statutes, section 3.30. If
approval is obtained, the complement of
the department of human rights is
increased by six positions in fiscal
year 1985.
Sec. 43. HOUSING FINANCE
AGENCY 23,450,000
Approved Complement - 124
Spending limit on cost of general
administration of agency programs:
1984 1985
$4,491,600 $4,575,100
The appropriation is for transfer to
the housing development fund.
$3,000,000 is for tribal Indian housing
programs.
$6,000,000 is for home improvement
loans.
$6,000,000 is for rehabilitation loans.
$200,000 is for innovative multifamily
housing.
$750,000 is for Vietnam veterans
downpayment assistance.
$5,000,000 is for energy conservation
rehabilitation loans.
$2,500,000 is for energy efficiency
loans for rental housing.
The appropriation of $200,000 from the
general fund by Laws 1982, chapter 380,
is canceled and reappropriated to the
housing development fund created in
Minnesota Statutes, section 462A.20,
for the purpose of financing
multifamily developments, to be used
either (a) to make loans, with or
without interest, pursuant to Minnesota
Statutes, section 462A.05, subdivisions
1 and 3; or (b) to be paid into
accounts of the agency for the purpose
of making payments required by a
resolution for the issuance of its
notes or bonds, as permitted by
Minnesota Statutes, section 462A.10,
subdivision 4. The agency shall
establish an account in the fund to
record the receipt and disbursement of
the amounts appropriated and any other
amounts transferred to this account
pursuant to Minnesota Statutes, section
462A.20, subdivision 3.
Sec. 44. EXECUTIVE COUNCIL 150,000 150,000
For expenses in emergencies pursuant to
Minnesota Statutes, section 9.061.
Sec. 45. GENERAL
CONTINGENT ACCOUNTS 7,175,000 7,175,000
The appropriations in this section
shall be expended with the approval of
the governor after consultation with
the legislative advisory commission
pursuant to Minnesota Statutes, section
3.30.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
General Fund
$7,000,000 $7,000,000
Game and Fish Fund
$ 175,000 $ 175,000
Sec. 46. TORT CLAIMS 475,000 475,000
To be disbursed by the commissioner of
finance.
Of this amount $450,000 the first year
and $450,000 the second year is from
the general fund, and $25,000 the first
year and $25,000 the second year is
from the game and fish fund.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 47. DEBT SERVICE 116,101,700 144,399,400
For transfer by the commissioner of
finance to the state bond fund.
If this appropriation is insufficient
to make all transfers required in the
year for which it is made, the
commissioner of finance shall notify
the committee on finance of the senate
and the committee on appropriations of
the house of representatives of the
amount of the deficiency and shall then
transfer that amount pursuant to the
statutory open appropriation.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 48. RETIREMENT 16,321,300 18,651,800
The amounts that may be expended for
each purpose are more specifically
described in sections 49 to 53.
Sec. 49. MINNESOTA STATE
RETIREMENT SYSTEM 3,756,300 4,493,800
The amounts estimated to be needed for
each program are as follows:
Legislators
$1,347,000 $2,172,500
Pursuant to Minnesota Statutes,
sections 3A.03, subdivision 2; 3A.04,
subdivisions 3 and 4; and 3A.11.
Judges
$2,265,300 $2,174,500
Pursuant to Minnesota Statutes,
sections 490.106; and 490.123,
subdivision 1.
Constitutional Officers
$ 98,000 $ 105,800
Pursuant to Minnesota Statutes,
sections 352C.031, subdivision 5;
352C.04, subdivision 3; and 352C.09,
subdivision 2.
State Employee Supplemental Benefits
$ 46,000 $ 41,000
Pursuant to Minnesota Statutes, section
352.73.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 50. PUBLIC EMPLOYEES
RETIREMENT ASSOCIATION 28,000 21,000
For supplement benefits pursuant to
Minnesota Statutes, section 353.83.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 51. MINNEAPOLIS EMPLOYEES
RETIREMENT FUND 6,000,000 7,000,000
To the commissioner of finance for
payment to the Minneapolis employees
retirement fund pursuant to Minnesota
Statutes, section 422A.101, subdivision
3.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 52. POLICE AND FIRE
AMORTIZATION AID 6,537,000 6,537,000
To the commissioner of finance for
state aid to amortize the unfunded
liability of local police and salaried
firefighters' relief associations,
pursuant to Minnesota Statutes, section
423A.02. If an appropriation in this
section for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 53. PENSION CONTRIBUTION
REIMBURSEMENT 600,000
To the commissioner of finance for
reimbursement of excess public employee
pension contributions as provided by
this act.
Sec. 54. GAS TAX REIMBURSEMENT 1,057,700 1,072,600
This appropriation is from the highway
user tax distribution fund.
The commissioner of finance shall
transfer to the general fund on January
1 each year the amounts necessary to
reimburse the general fund for the cost
of collecting the tax on gasoline and
gasoline substitutes and the cost of
bond premiums during each fiscal year
of the 1983-85 biennium.
Sec. 55. SALARY SUPPLEMENT 33,165,000 67,630,000
The amounts appropriated from each fund
are as follows:
(a) General Fund
$22,410,000 $45,710,000
$4,791,400 the first year and
$9,912,400 the second year is for
comparability adjustments.
(b) State Airports Fund
$ 70,000 $ 140,000
$14,200 the first year and $29,300 the
second year is for comparability
adjustments.
(c) Game and Fish Fund
$ 1,025,000 $ 2,100,000
$221,800 the first year and $458,500
the second year is for comparability
adjustments.
(c) Trunk Highway Fund
$ 9,450,000 $19,250,000
$2,020,900 the first year and
$4,176,100 the second year is for
comparability adjustments.
(d) Highway User Tax Distribution Fund
$ 210,000 $ 430,000
$44,900 the first year and $92,700 the
second year is for comparability
adjustments.
The compensation and economic benefit
increases covered by this section are
those paid to classified and
unclassified employees in the
executive, judicial, and legislative
branches of state government, and to
employees of the Minnesota historical
society who are paid from state
appropriations, if the increases are
required by existing law or authorized
by law during the 1983 session of the
legislature or by appropriate
resolutions for employees of the
legislature, or are given interim
approval by the legislative commission
on employee relations pursuant to
Minnesota Statutes, sections 3.855 and
43A.18 or 179.74, subdivision 5.
Except as limited by the direct
appropriations made in this section,
the amounts necessary to pay
compensation and economic benefit
increases covered by this section are
appropriated from the various funds in
the state treasury from which salaries
are paid to the commissioner of finance
for the fiscal years ending June 30,
1984, and June 30, 1985. In the case
of salaries that are paid from one
fund, but that fund is reimbursed by
another fund, the amounts necessary to
make these reimbursements are also
appropriated.
The amounts appropriated for
comparability adjustments shall be
distributed pursuant to Minnesota
Statutes, section 43A.05, according to
the list of job classes approved by the
legislative commission on employee
relations on March 29, 1983.
The commissioner of finance shall
transfer the necessary amounts to the
proper accounts and shall promptly
notify the committee on finance of the
senate and the committee on
appropriations of the house of
representatives of the amount
transferred to each appropriation
account.
Sec. 56. [RECREATIONAL MOTOR VEHICLE STUDY.]
By January 1, 1984, the commissioner of natural resources
shall study the use and effects of recreational motor vehicles
on the environment, including soils, vegetation, and wildlife;
the demand now and future need for recreational motor vehicle
recreational opportunities in the state; the appropriate legal
and social implications of recreational motor vehicle use on
public and private lands; the potential for recreational motor
vehicle use on existing recreational trails; and the impact of
increased recreational motor vehicle use on tourism
opportunities statewide. For the purposes of this section,
"recreational motor vehicle" has the same meaning as defined in
Minnesota Statutes, section 84.90 except that snowmobiles are
not included in the study. The commissioner shall work with,
and solicit the comments and advice of, the departments of
public safety, transportation, and any interested party or group
in the study. The study shall be presented to the governor and
the appropriate standing committees in the house of
representatives and the senate.
Sec. 57. [3.3026] [INFORMATION SYSTEMS DIRECTORY.]
Subdivision 1. [POLICY.] The state must make maximum use
of its information files and data processing systems. A
statewide directory of information systems will direct users to
existing information systems maintained by state agencies,
minimize duplication of information systems already developed,
and encourage the sharing of information systems within the
state. A directory will assist users in contacting agencies
about information files and about experience with hardware and
software configurations. It will reduce overall costs, promote
communication among agencies, and permit more efficient use of
personnel resources for information systems development.
Subd. 2. [DEFINITIONS.] The terms used in this section
have the meanings given them in this subdivision.
(a) "Directory" means an indexed listing of descriptive
data about information systems. The descriptions will include
agency name, information system name, contact person, software
used, hardware used, and other information which in the
discretion of the legislative reference library will assist
users.
(b) "Information system" or "information systems" means an
organized collection of data, either manually organized or
automated, used by an agency in performing its duties or
assisting in the making of administrative and budgetary
decisions. An information system includes the data organized
and any hardware or software used to process it.
Every state agency shall file a description of its existing
information systems with the legislative reference library by
January 31, 1984. These descriptions shall be in accordance
with specifications and on forms provided by the library. Each
agency shall file an updated description, noting additions,
deletions, and changes by November 30 and by May 31 each year.
(c) "State agency" or "state agencies" means any office,
department, agency, commission, council, bureau, research
center, or society of state government, and other agencies
supported by state funds.
Subd. 3. [LEGISLATIVE REFERENCE LIBRARY; DEVELOPMENT OF
PLAN.] The legislative reference library shall prepare a plan
for the directory by January 1, 1984. The plan shall include a
definition of the types of systems that will be included in the
directory, an enumeration of the types of information required
for each system reported, and a description of the method
selected for production and dissemination of the directory.
Subd. 4. [LEGISLATIVE REFERENCE LIBRARY DIRECTOR; DUTIES.]
The legislative reference library director shall employ and fix
the salary of the technical, clerical, and other assistants
necessary to produce the directory. The director may enter into
contracts for equipment and services necessary in the production
and dissemination of the directory.
Subd. 5. [PUBLICATION.] The legislative reference library
shall prepare a directory by January 1, 1985. The directory
shall be prepared in a format which the legislative reference
library, in its descretion, believes is most efficient and
beneficial to the user.
Subd. 6. [UPDATING.] The legislative reference library
shall continually update the directory and shall reissue it at
intervals it finds, in its discretion, are reasonable and cost
efficient.
Subd. 7. [AGENCY COOPERATION.] Every state agency shall
appoint one person within the agency as a data processing
liaison, responsible for working with the legislative reference
library. The appointment shall be made and the name forwarded
to the legislative reference library by July 1, 1983. The
department of administration shall provide access to its library
listing of systems and programs produced under section 16.90 and
shall produce this information in hardcopy form or on magnetic
tape media, as requested by the legislative reference library
director.
Sec. 58. Minnesota Statutes 1982, section 3.732, is
amended by adding a subdivision to read:
Subd. 6. The head of each department or agency, or his
designee, acting on behalf of the state, may enter into
structured settlements, through the negotiation, creation, and
utilization of annuities or similar financial plans for
claimants, to resolve claims arising from the alleged negligence
of the state, its agencies, or employees. The requirements set
forth in sections 16.07, 16.08, and 16.098 shall not apply to
the state's selection of and contracts with structured
settlement consultants or purveyors of structured settlement
plans.
Sec. 59. Minnesota Statutes 1982, section 3.922,
subdivision 5, is amended to read:
Subd. 5. [OFFICERS, PERSONNEL.] The board shall annually
elect a chairman and such other officers as it may deem
necessary. The chairman shall have the authority to appoint
subcommittees necessary to fulfill the duties of the board. It
shall also employ, and prescribe the duties of such clerks,
employees, and agents as it deems necessary. All employees are
in the unclassified service. The chairman shall be an ex
officio member of the state board of human rights. The
appropriations and other funds of this board are subject to the
provisions of chapter 16. The board shall maintain its primary
office in Bemidji and shall also maintain personnel and office
space in St. Paul.
Sec. 60. Minnesota Statutes 1982, section 3.9222, is
amended to read:
3.9222 [ADVISORY COUNCIL LEGISLATIVE COMMISSION ON THE
ECONOMIC STATUS OF WOMEN.]
Subdivision 1. An advisory council A legislative
commission is hereby created to study and report on the economic
status of women in Minnesota.
Subd. 2. The council commission shall consist of five
members of the house of representatives appointed by the speaker
, and five members of the senate appointed by the committee on
committees, and eight citizens appointed by the governor. At
least 50 percent of those appointed by the governor and by the
speaker of the house shall be women. Members shall serve for
two years or until the expiration of their legislative terms;
except, in order to establish staggered membership terms for the
citizen members, the governor shall appoint four citizens for
three-year terms and four citizens for two-year terms starting
July 1, 1981. The compensation of non-legislator members, their
removal from office and the filling of vacancies shall be as
provided in section 15.059. The persons appointed by the
governor shall be representative of a range of economic
interests and vocations and shall include persons who are not
regularly employed on a full-time or part-time basis outside
their homes.
Subd. 3. The council commission shall study all matters
relating to the economic status of women in Minnesota, including
economic security of homemakers and women in the labor force,
opportunities for education and vocational training, employment
opportunities, the contributions of women to the economy, their
access to benefits and services provided to citizens of this
state, and laws and business practices constituting barriers to
the full participation by women in the economy. In addition,
the council commission shall study the adequacy of programs and
services relating to families in Minnesota, including
single-parent families and members beyond the nuclear or
immediate family.
Subd. 4. The council commission shall report its findings
and recommendations to the governor and the legislature not
later than December 15 of each even-numbered year and shall
supplement its findings and recommendations not later than
December 15 of each odd-numbered year. The report shall
recommend legislation and administrative action designed to
enable women to achieve full participation in the economy. The
report shall also recommend methods to encourage the development
of coordinated, interdepartmental goals and objectives and the
coordination of programs, services and facilities among all
state departments and public and private providers of services
related to children, youth and families.
Subd. 5. The council commission may hold meetings and
hearings at the times and places it designates to accomplish the
purposes set forth in this act section. It shall select a
chairman and other officers from its membership as it deems
necessary.
Subd. 6. The legislature coordinating commission shall
supply the council commission with necessary staff, office space
and administrative services.
Subd. 7. When any person, corporation, the United States
government, or any other entity offers funds to the council
commission by way of gift, grant or loan, for the purpose of
assisting the council commission to carry out its powers and
duties, the council commission may accept the offer by majority
vote and upon acceptance the chairman shall receive the funds
subject to the terms of the offer, but no money shall be
accepted or received as a loan nor shall any indebtedness be
incurred except in the manner and under the limitations
otherwise provided by law.
Sec. 61. [4.09] [WASHINGTON OFFICE EXPENSES.]
In the operation of the Washington, D.C. office of the
state of Minnesota, the governor may expend money appropriated
by the legislature for promotional purposes in the same manner
as private persons, firms, corporations, and associations expend
money for promotional purposes. Promotional expenditures for
food, lodging, or travel are not governed by the travel rules of
the commissioner of employee relations.
Sec. 62. Minnesota Statutes 1982, section 6.65, is amended
to read:
6.65 [MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED.]
The state auditor shall prescribe minimum procedures and
the audit scope for auditing the books, records, accounts, and
affairs of local governments in Minnesota. The minimum scope
for audits of all local governments shall include financial and
legal compliance audits for fiscal years ending after January
15, 1984. The state auditor shall establish a task force to
promulgate an audit guide for legal compliance audits. The task
force shall include representatives of the state auditor, the
attorney general, towns, cities, counties, school districts and
private sector public accountants.
Sec. 63. Minnesota Statutes 1982, section 7.09,
subdivision 1, is amended to read:
Subdivision 1. [PROCEDURE.] The state treasurer is hereby
authorized to receive and accept, on behalf of the state, any
gift, bequest, devise, or endowment which may be made by any
person, by will, deed, gift, or otherwise, to or for the benefit
of the state, or any of its departments or agencies, or to or in
aid, or for the benefit, support, or maintenance of any
educational, charitable, or other institution maintained in
whole or in part by the state, or for the benefit of students,
employees, or inmates thereof, or for any proper state purpose
or function, and the money, property, or funds constituting such
gift, bequest, devise, or endowment. No such gift, bequest,
devise, or endowment shall be so accepted unless the governor,
the commissioner of finance, and the state treasurer shall
determine that it is for the interest of the state to accept the
same it, and shall approve of and direct such the acceptance.
When, in order to effect the purpose for which any such gift,
bequest, devise, or endowment has been accepted, it is necessary
to sell any property so received, the state treasurer, upon
request of the authority in charge of the agency, department, or
institution concerned, may sell the same it at a price which
shall be fixed by the state board of investment.
Sec. 64. Minnesota Statutes 1982, section 14.14,
subdivision 1, is amended to read:
Subdivision 1. [REQUIRED HEARING.] No rule, other than a
rule setting a fee covered by section 16A.128 or 214.06, shall
may be adopted by any agency unless the agency first holds a
public hearing affording all affected interests an opportunity
to participate. Fee adjustments authorized under section
16A.128 or 214.06 may be made by rule without a public hearing
when the total fees received during the fiscal biennium will not
exceed 110 percent of the sum of all direct appropriations,
transfers in, and salary supplements for that purpose for the
biennium. Each agency shall maintain a list of all persons who
have registered with the agency for the purpose of receiving
notice of rule hearings. The agency may inquire as to whether
those persons on the list wish to maintain their names thereon
and may remove names for which there is a negative reply or no
reply within 60 days. The agency shall, at least 30 days prior
to the date set for the hearing, give notice of its intention to
adopt rules by United States mail to all persons on its list,
and by publication in the State Register. Each agency may, at
its own discretion, also contact persons not on its list and may
give notice of its intention in newsletters, newspapers or other
publications or through other means of communication. The
notice in the State Register shall must include the proposed
rule or an amended rule in the form provided in section 14.07,
subdivision 3, together with a statement of the place, date, and
time of the public hearing and other information as required by
law or rule. When an entire rule is proposed to be repealed,
the agency need only publish that fact, giving the citation to
the rule to be repealed in the notice.
Sec. 65. Minnesota Statutes 1982, section 15.16,
subdivision 5, is amended to read:
Subd. 5. [OBTAINING RECOMMENDATION.] No control of
state-owned lands shall be transferred between state departments
without first consulting the legislative building commission, or
other appropriate legislative committee or committees chairmen
of the senate finance committee and house of representatives
appropriations committee and obtaining a recommendation thereon
their recommendations. The recommendation recommendations shall
be advisory only. Failure to obtain a prompt recommendation
shall be deemed a negative recommendation.
Sec. 66. Minnesota Statutes 1982, section 15A.083,
subdivision 1, is amended to read:
Subdivision 1. [ELECTIVE JUDICIAL OFFICERS.] The following
salaries shall be paid annually to the enumerated elective
judicial officers of the state:
Effective Effective
July 1, July 1,
1979 1980
(1) Chief justice of the
supreme court $56,000 $59,000
(2) Associate justice of
the supreme court 52,500 56,000
(3) Judge of the
court of appeals 52,000
(4) District judge, judge
of county court
(learned in the law),
probate court, and
county municipal
court 45,000 48,000
(4) (5) Judge of a county court
(not learned in the
law) 29,500 31,500
Sec. 67. Minnesota Statutes 1982, section 16.02,
subdivision 10a, is amended to read:
Subd. 10a. No state agency shall initiate or renew a lease
additional for space for its own use in any private building
unless it has certified in writing to the commissioner of
administration that it has thoroughly investigated the
availability of presently vacant space in public buildings, such
as closed school buildings, and found that none that is feasible
and adequate for its needs available.
Sec. 68. Minnesota Statutes 1982, section 16.02,
subdivision 14, is amended to read:
Subd. 14. To rent out, with the approval of the governor,
any state property, real or personal, not needed for public use,
the rental of which is not otherwise provided for or prohibited
by law. This shall not apply to state trust fund lands, or
other state lands under the jurisdiction of the department of
natural resources, or to lands forfeited for delinquent taxes or
to lands acquired under section 298.22. No such property shall
be rented out for a term exceeding two years at a time without
the approval of the state executive council; and no such
property shall ever be rented out for more than 25 years.
Sec. 69. Minnesota Statutes 1982, section 16.02, is
amended by adding a subdivision to read:
Subd. 29. To contract to purchase by installment payments
capital or other equipment or services intended to improve the
energy efficiency of a state building or facility provided that:
(a) the term of the contract does not exceed ten years;
(b) the entire cost of the contract is a percentage of the
resultant savings in energy costs;
(c) the contract for purchase is based on a competitive
basis; and
(d) the state may unilaterally cancel the agreement if the
legislature fails to appropriate funds to continue the contract.
The commissioner may spend money appropriated for energy
costs in payment of a contract under this subdivision.
Sec. 70. Minnesota Statutes 1982, section 16.083,
subdivision 1, is amended to read:
Subdivision 1. [SMALL BUSINESS AND MINNESOTA CORRECTIONAL
INDUSTRIES SET-ASIDES.] The commissioner of administration shall
for each fiscal year designate and set aside for awarding to
small businesses and Minnesota correctional industries a total
of approximately 20 25 percent of the value of anticipated total
state procurement of goods and services including printing and
construction. The commissioner shall divide the procurements so
designated into contract award units of economically feasible
production runs in order to facilitate offers or bids from small
businesses and Minnesota correctional industries. In making his
annual designation of set-aside procurements the commissioner
shall attempt (1) to vary the included procurements so that a
variety of goods and services produced by different small
businesses shall be set aside each year, and (2) to designate
set-aside procurements in a manner that will encourage
proportional distribution of set-aside awards among the
geographical regions of the state. To promote the geographical
distribution of set-aside awards, the commissioner may designate
a portion of the small business set-aside procurement for award
to bidders from a specified congressional district or other
geographical region specified by the commissioner. The failure
of the commissioner to set aside particular procurements shall
not be deemed to prohibit or discourage small businesses or
Minnesota correctional industries from seeking the procurement
award through the normal solicitation and bidding processes.
Sec. 71. Minnesota Statutes 1982, section 16.083, is
amended by adding a subdivision to read:
Subd. 1a. [CONSULTANT, PROFESSIONAL AND TECHNICAL
PROCUREMENTS.] Every state agency shall for each fiscal year
designate and set aside for awarding to small businesses with
their principal place of business in Minnesota approximately 25
percent of the value of anticipated procurements of that agency
for consultant services or professional and technical services.
The set-aside under this subdivision is in addition to that
provided by subdivision 1, but shall otherwise comply with
section 16.098 and the set-aside for businesses owned and
operated by socially or economically disadvantaged persons.
Sec. 72. Minnesota Statutes 1982, section 16.083,
subdivision 3, is amended to read:
Subd. 3. [DETERMINATION OF ABILITY TO PERFORM.] Before
announcing a set-aside award, the commissioner shall evaluate
whether the small business or Minnesota correctional industry
scheduled to receive the award is able to perform the set-aside
contract. This shall be done in consultation with an authorized
agent of the Minnesota correctional industries program. This
determination shall include consideration of production and
financial capacity and technical competence.
Sec. 73. Minnesota Statutes 1982, section 16.083,
subdivision 4, is amended to read:
Subd. 4. [PREFERENCE TO SMALL BUSINESSES.] At least 15 24
percent of the value of the procurements designated for
set-aside awards shall be awarded, if possible, to businesses
owned and operated by socially or economically disadvantaged
persons. The commissioner shall designate set-aside
procurements in a manner that will encourage proportional
distribution of set-aside awards among the geographical regions
of the state. To promote the geographical distribution of
set-aside awards, the commissioner may designate a portion of
the set-aside for small businesses owned and operated by
socially or economically disadvantaged persons for award to
bidders from a specified congressional district or other
geographical region specified by the commissioner. In the event
small businesses owned and operated by socially or economically
disadvantaged persons are unable to perform at least 15 24
percent of the set-aside awards, the commissioner shall award
the balance of the set-aside contracts to other small
businesses. At least 50 percent of the value of the
procurements awarded to businesses owned and operated by
socially or economically disadvantaged persons shall actually be
performed by the business to whom the award is made or another
business owned and operated by a socially or economically
disadvantaged person or persons. The commissioner shall not
designate more than 20 percent of any commodity class for
set-aside to businesses owned and operated by socially or
economically disadvantaged persons. A business owned and
operated by socially or economically disadvantaged persons that
has been awarded more than five percent of the value of the
total anticipated set-aside procurements for a fiscal year under
this subdivision is disqualified from receiving further
set-aside awards for that fiscal year.
Sec. 74. Minnesota Statutes 1982, section 16.083, is
amended by adding a subdivision to read:
Subd. 4a. [CONTRACTS IN EXCESS OF $200,000; SET-ASIDE.]
The commissioner as a condition of awarding state procurements
for construction contracts or approving contracts for
consultant, professional, or technical services pursuant to
section 16.098 in excess of $200,000 shall require that at least
ten percent of the contract award to a prime contractor be
subcontracted to a business owned and operated by a socially or
economically disadvantaged person or persons. Any
subcontracting pursuant to this subdivision shall not be
included in determining the total amount of set-aside awards
required by subdivisions 1, 1a, and 4, or any preference program
authorized by the commissioner pursuant to section 16.085. In
the event small businesses owned and operated by socially and
economically disadvantaged persons are unable to perform ten
percent of the prime contract award, the commissioner shall
require that other small businesses perform at least ten percent
of the prime contract award. The commissioner may determine
that small businesses owned and operated by socially and
economically disadvantaged persons are unable to perform at
least ten percent of the prime contract award prior to the
advertising for bids. Each construction contractor bidding on a
project over $200,000 shall submit with the bid a list of the
businesses owned and operated by socially or economically
disadvantaged persons that are proposed to be utilized on the
project with a statement indicating the portion of the total bid
to be performed by each business. The commissioner shall reject
any bid to which this subdivision applies that does not contain
this information. Prime contractors receiving construction
contract awards in excess of $200,000 shall furnish to the
commissioner the name of each business owned and operated by a
socially or economically disadvantaged person or persons or
other small business that is performing work on the prime
contract and the dollar amount of the work performed.
Sec. 75. Minnesota Statutes 1982, section 16.083, is
amended by adding a subdivision to read:
Subd. 4b. [PREFERENCE TO MINNESOTA CORRECTIONAL
INDUSTRIES.] At least 15 percent of the value of procurements
designated for set-aside awards shall be awarded, if possible,
to Minnesota correctional industries, established and under the
control of the commissioner of corrections under section 241.27,
for the variety of goods and services produced by the Minnesota
correctional industries, unless the commissioner of corrections
acting through an authorized agent certifies that Minnesota
correctional industries cannot provide them. If the
correctional industries are unable to perform at least 15
percent of the set-aside awards, the commissioner shall award
the balance of the set-aside contracts to small businesses.
Sec. 76. Minnesota Statutes 1982, section 16.083,
subdivision 5, is amended to read:
Subd. 5. [RECOURSE TO OTHER BUSINESSES.] In the event that
subdivisions 1 to 4 4b do not operate to extend a contract award
to a small business or the Minnesota correctional industries,
the award shall be placed pursuant to the normal solicitation
and award provisions set forth in this chapter. The
commissioner shall thereupon designate and set aside for small
businesses or the Minnesota correctional industries additional
state procurements corresponding in approximate value to the
contract unable to be awarded pursuant to subdivisions 1 to 4 4b.
Sec. 77. Minnesota Statutes 1982, section 16.083,
subdivision 6, is amended to read:
Subd. 6. [PROCUREMENT PROCEDURES.] All laws and rules
pertaining to solicitations, bid evaluations, contract awards
and other procurement matters shall apply as consistent to
procurements set aside for small businesses or Minnesota
correctional industries. In the event of conflict with other
rules, the provisions of sections 16.081 to 16.086 and rules
promulgated pursuant thereto shall govern.
Sec. 78. Minnesota Statutes 1982, section 16.084, is
amended to read:
16.084 [ENCOURAGEMENT OF PARTICIPATION; ADVISORY COUNCIL.]
Subdivision 1. [COMMISSIONER OF ADMINISTRATION.] The
commissioners of administration and energy, planning and
development shall publicize the provisions of the set-aside
program, attempt to locate small businesses able to perform
set-aside procurement awards, and encourage participation. When
the commissioner of administration determines that a small
business is unable to perform under a set-aside contract, he
shall so inform the commissioner of energy, planning and
development who shall assist the small business in attempting to
remedy the causes of the inability to perform a set-aside award.
In assisting the small business, the commissioner of energy,
planning and development in cooperation with the commissioner of
administration shall use any management or financial assistance
programs as may be made available by or through the department
of energy, planning and development, other state or governmental
agencies, or private sources.
Subd. 2. [ADVISORY COUNCIL.] A small business procurement
advisory council is created. The council consists of 13 members
appointed by the governor. A chairperson of the advisory
council shall be elected from among the members. The
appointments are subject to the appointments program provided by
section 15.0597. The terms and removal of members are as
provided in section 15.059, but members do not receive per diem
or expenses.
Subd. 3. [DUTIES.] The small business procurement advisory
council shall:
(a) advise the commissioner of administration on matters
relating to the small business procurement program;
(b) review complaints or grievances from small business
vendors or contractors who are doing or attempting to do
business under the program; and
(c) review the quarterly reports of the commissioners of
administration and energy, planning and development provided by
section 16.086 to ensure compliance with the goals of the
program.
Sec. 79. Minnesota Statutes 1982, section 16.085, is
amended to read:
16.085 [RULES.]
The commissioner of administration shall promulgate by rule
standards and procedures for certifying that small businesses
and small businesses owned and operated by socially or
economically disadvantaged persons are eligible to participate
under the requirements of sections 16.081 to 16.086. The
procedure for determination of eligibility may include
self-certification by a business, provided that the commissioner
retains the ability to verify a self-certification. The rules
shall provide that certification as a small business owned and
operated by socially or economically disadvantaged persons will
be for a maximum of five years from the date of receipt of the
first set-aside award, and that after the expiration of the
certification period the business may not again be certified for
a five-year period. The commissioner shall promulgate by rule
standards and procedures for hearing appeals and grievances and
other rules as may be necessary to carry out the duties set
forth in sections 16.081 to 16.086. The commissioner may make
rules which exclude or limit the participation of
nonmanufacturing business, including third-party lessors,
jobbers, manufacturers' representatives, and others from
eligibility under Laws 1980, chapter 361. The commissioner may
adopt rules to establish a preference program whereby businesses
owned and operated by socially and economically disadvantaged
persons would be allowed a five percent preference in the bid
amount on selected state procurements or a preference program
whereby businesses owned and operated by socially and
economically disadvantaged persons would be awarded any state
procurement if the business could meet the low bid amount for
that procurement. Each of the preference programs is applicable
to no more than 1.5 percent of the value of anticipated total
state procurements of goods and services, including
construction. Each preference program established by the
commissioner expires on June 30, 1986, and the commissioner
shall report to the legislature on the progress of the program
by January 1, 1986.
Sec. 80. Minnesota Statutes 1982, section 16.086,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER OF ADMINISTRATION.] The
commissioner of administration shall submit an annual report
pursuant to section 3.195 to the governor and the legislature
with a copy to the commissioner of energy, planning and
development indicating the progress being made toward the
objectives and goals of sections 16.081 to 16.086 during the
preceding fiscal year. This report The commissioner shall also
submit a quarterly report to the small business procurement
advisory council. These reports shall include the following
information:
(a) the total dollar value and number of potential
set-aside awards identified during this period and the
percentage of total state procurement this figure reflects;
(b) the number of small businesses identified by and
responding to the set-aside program, the total dollar value and
number of set-aside contracts actually awarded to small
businesses with appropriate designation as to the total number
and value of set-aside contracts awarded to each small business,
and the total number of small businesses that were awarded
set-aside contracts; the information required by this clause
shall be presented on a statewide basis, and shall also be
broken down by geographic regions within the state;
(c) the total dollar value and number of set-aside
contracts awarded to small businesses owned and operated by
economically or socially disadvantaged persons with appropriate
designation as to the total number and value of set-aside
contracts awarded to each small business and to each category of
economically or socially disadvantaged persons as defined by
section 645.445 and agency rules, and the percentages of the
total state procurements the figures of total dollar value and
the number of set-asides reflect; the information required by
this clause shall be presented on a statewide basis, and shall
also be broken down by geographic regions within the state;
(d) the number of contracts which were designated and
set-aside pursuant to section 16.083 but which were not awarded
to a small business, the estimated total dollar value of these
awards, the lowest offer or bid on each of these awards made by
the small business and the price at which these contracts were
awarded pursuant to the normal procurement procedures.
Sec. 81. Minnesota Statutes 1982, section 16.098,
subdivision 4, is amended to read:
Subd. 4. [PROCEDURE FOR CONSULTANT AND PROFESSIONAL AND
TECHNICAL SERVICES CONTRACTS.] Before approving a proposed state
contract for consultant services or professional and technical
services the commissioner shall have at least determined that:
(1) all provisions of section 16.083, subdivisions 1a and
4a, and subdivisions 2 and 3 of this section have been verified
or complied with;
(2) the work to be performed under the contract is
necessary to the agency's achievement of its statutory
responsibilities, and that there is statutory authority to enter
into the contract;
(3) the contract will not establish an employer/employee
relationship between the state or the agency and any persons
performing under the contract;
(4) no current state employees will engage in the
performance of the contract;
(5) no state agency has previously performed or contracted
for the performance of tasks which would be substantially
duplicated under the proposed contract;
(6) the contracting agency has specified a satisfactory
method of evaluating and utilizing the results of the work to be
performed.
Sec. 82. Minnesota Statutes 1982, section 16.28, is
amended to read:
16.28 [PURCHASES.]
Subdivision 1. [GENERAL.] The commissioner of
administration, subject to the approval of the governor, may
make rules, regulations, and orders regulating and governing the
manner and method of purchasing, delivering, and handling of,
and the contracting for supplies, equipment, and other property
for the various officials, departments, and agencies of the
state government and institutions under their control. Such
These rules, regulations, and orders shall be uniform, so far as
practicable, shall be of general or limited application, and
shall include provisions for the following:
(1) the advertisement for and the receipt of bids for
supplies and other property and the stimulation of competition
with regard thereto;
(2) the purchase of supplies and other property without
advertisement or the receipt of bids, where the amount involved
will not exceed $500, when in the judgment of the commissioner
it is expedient;
(3) the purchase of supplies and other property without
competition in cases of emergency requiring immediate action;
(4) the purchase of certain supplies, equipment, and other
property by long or short term contracts, or by purchases of
contracts made at certain seasons of the year, or by blanket
contracts or orders covering the requirements of one or more
departments, offices, and commissions;
(5) the time for submitting estimates for various supplies,
equipment, and other property;
(6) regulation to secure the prompt delivery of commissary
or other necessary supplies;
(7) standardization of forms for estimates, orders, and
contracts;
(8) standardization of specifications for purchasing
supplies, equipment, and other property;
(9) standardization of quality, grades, and brands to
eliminate unnecessary number of commodities or of grades or
brands of the same commodity;
(10) the purchase of supplies and other property locally
upon permission, specific or otherwise, of the commissioner;
(11) the use and disposal of the products of state
institutions;
(12) the disposal of obsolete, excess, and unsuitable
supplies, salvage, waste materials, and other property, and the
their transfer of same to other departments, offices, and
commissions;
(13) the storage of surplus supplies, equipment, and other
property not needed for immediate use;
(14) the testing of commodities or supplies or samples
thereof;
(15) hearings on complaints in respect to the quality,
grade, or brand of commodities or supplies;
(16) the waiver of rules in special cases; and
(17) the purchase of supplies, equipment, and other
property by state agency heads and institutions under their
control without prior approval of the commissioner of
administration when the amount involved does not exceed $100.
The commissioner shall have immediate supervision of all
purchases and contracts made, and shall carry out and enforce
such rules, regulations, and orders relative thereto as he may
adopt.
Subd. 2. [PURCHASES OVER $100.] Purchases may also be made
under subdivision 1, clause (17) when the amount involved
exceeds $100 if:
(1) the purchases are made in accordance with rules adopted
pursuant to section 16.085;
(2) the agency making the purchases has adopted a plan to
make ten percent of the purchases on an annual basis from
businesses owned and operated by socially and economically
disadvantaged persons and to make purchases from vendors
throughout the state for any agency that has offices located
statewide, and to make purchases from local vendors by agency
offices;
(3) the amount involved does not exceed $1,000 from July 1,
1983 to June 30, 1984, and $1,500 on and after July 1, 1984; and
(4) the purchases are made after solicitation of at least
three price quotations, whenever possible, which may be oral
quotations, but of which the agency must keep a written record.
Sec. 83. Minnesota Statutes 1982, section 16.32,
subdivision 2, is amended to read:
Subd. 2. Notwithstanding any provision in this section to
the contrary, the commissioner may after consultation with the
legislative building commission chairmen of the senate finance
committee and house of representatives appropriations committee,
adopt a plan, provide for an improvement, or construct a
building that contemplates expenditure for its completion of
more money than the appropriation therefor, if the excess money
is provided by the United States government and granted to the
state of Minnesota under federal law or any rule or regulation
promulgated thereunder. Such federal money, for the purpose of
this section, shall be deemed a part of the appropriation for
the project.
Sec. 84. Minnesota Statutes 1982, section 16.75, is
amended by adding a subdivision to read:
Subd. 9. [TRANSFER SERVICES.] The central motor pool
revolving account may be used to provide material transfer
services to departments and agencies of state government.
Sec. 85. Minnesota Statutes 1982, section 16.82,
subdivision 1, is amended to read:
Subdivision 1. The commissioner of administration, upon
request of the head of a state agency or department having
control of a state owned building which is no longer used and
which is a fire or safety hazard, shall, after obtaining
approval of the legislative building commission chairmen of the
senate finance committee and house of representatives
appropriations committee, sell, wreck, or otherwise dispose of
such building.
Sec. 86. Minnesota Statutes 1982, section 16.866,
subdivision 1, is amended to read:
Subdivision 1. [COMPUTATION.] For the purpose of defraying
the costs of administering the provisions of sections 16.83 to
16.867, there is hereby imposed a surcharge on all permits
issued by municipalities in connection with the construction of
or addition or alteration to, buildings and equipment or
appurtenances, on and after July 1, 1971, as follows:
Where the fee for the permit issued is fixed in amount the
surcharge shall be is equivalent to 1/2 mill (.0005) of such the
fee or 50 cents, whichever amount is greater. For all other
permits, the surcharge shall be is as follows: (a) where the
valuation of the structure, addition, or alteration is
$1,000,000 or less, the surcharge is equivalent to 1/2 mill
(.0005) of the valuation of the structure, addition or
alteration. Provided however, that; (b) where the valuation of
the structure, addition, or alteration is equal to or greater
than $1,000,000 but less than $10,000,000, the surcharge shall
be $1,000, is $500 plus two-fifths mill (.0004) of the value
between $l,000,000 and $2,000,000; (c) where said the valuation
is equal to or greater than $10,000,000 but less than
$20,000,000 $2,000,000 the surcharge shall be $1,500 and is $900
plus three-tenths mill (.0003) of the value between $2,000,000
and $3,000,000; (d) where said the valuation is equal to or
greater than $20,000,000 $3,000,000 the surcharge shall be
$2,000 is $1,200 plus one-fifth mill (.0002) of the value
between $3,000,000 and $4,000,000; (e) where the valuation is
greater than $4,000,000 the surcharge is $1,400 plus one-tenth
mill (.0001) of the value between $4,000,000 and $5,000,000; and
(f) where the valuation exceeds $5,000,000 the surcharge is
$1,500 plus one-twentieth mill (.00005) of the value which
exceeds $5,000,000.
By September 1 of each odd numbered year beginning in 1979,
the commissioner shall rebate to municipalities any money
received pursuant to this section and section 16.851 in the
previous biennium in excess of the cost to the building code
division in that biennium of carrying out their duties under
sections 16.83 to 16.867. The rebate to each municipality shall
be in proportion to the amount of the surcharges collected by
that municipality and remitted to the state. The amount
necessary to meet the commissioner's rebate obligations under
this subdivision is appropriated to the commissioner from the
general fund.
Sec. 87. Minnesota Statutes 1982, section 16.872,
subdivision 4, is amended to read:
Subd. 4. The powers and duties of the council are:
(1) To develop an overall restoration plan for the state
ceremonial building and surrounding grounds;
(2) To approve alterations in the existing structure as the
council deems appropriate; and
(3) Notwithstanding the gift acceptance procedures of
sections 7.09 to 7.12, to solicit contributions for and maintain
and improve the quality of furnishings for the public areas of
the building by accepting gifts of, or acquiring with donated
money, furnishings, objects of art, and other items that the
council determines may have historical value in keeping with the
period and purpose of the building; and
(4) Notwithstanding sections 7.09 to 7.12, to solicit
contributions for the renovation of and making capital
improvements to the state ceremonial building.
Gifts for the benefit of the state ceremonial building and
surrounding grounds are not accepted by the state unless
accepted by the council. The council shall maintain a complete
inventory of all gifts and articles received.
Sec. 88. Minnesota Statutes 1982, section 16A.125,
subdivision 5, is amended to read:
Subd. 5. The term "state forest trust fund lands" as used
in this subdivision, means any state school lands or other
public lands subject to trust provisions under the state
constitution and heretofore or hereafter set apart as state
forest lands as provided by law under the authority of the
commissioner as defined by section 89.001, subdivision 13.
The commissioner of finance and the state treasurer shall
keep a separate account of all receipts from the sale of timber
or other revenue from such state forest trust fund lands, to be
known as the state forest suspense account, specifying the trust
funds interested in such lands and the receipts therefrom,
respectively.
As soon as practicable after the close of each fiscal
quarter, upon information which shall be supplied by the
commissioner of natural resources, the commissioner of finance
shall determine and certify the total costs incurred by the
state during that quarter under appropriations made for the
protection, improvement, administration, and management of state
forest trust fund lands for forestry purposes as authorized by
law, specifying the trust funds interested in such lands.
As soon as practicable after the end of each fiscal year,
the commissioner of finance and the state treasurer shall
distribute the receipts credited to the state forest suspense
account during that fiscal year as follows:
(1) The total costs incurred by the state for forest
management purposes during the fiscal year as certified in this
subdivision shall be transferred to the state forest development
account, except that if the total costs exceed $500,000, the
costs in excess of $500,000 shall be transferred to the forest
management fund established under section 89.04.
(2) The balance of said receipts shall be transferred to
the state trust funds concerned in accordance with their
respective interests in the lands from which the receipts were
derived.
All moneys accruing and credited to the state forest
development account are appropriated to the division of forestry
in the department of natural resources, subject to the
supervision and control of the commissioner of natural
resources, for the purpose of implementing the state forest
resource management policy and plan on state forest trust fund
lands, to remain available until expended.
All appropriations under this subdivision shall be expended
subject to the provisions of law. No appropriation shall become
available for expenditure until any estimates required by law
are approved by the commissioner of finance. No obligation
involving expenditure of money shall be entered into unless
there is a balance in the appropriation available not otherwise
encumbered to pay obligations previously incurred.
Sec. 89. Minnesota Statutes 1982, section 16A.127,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section the
following terms shall have the meanings given them:
(a) "State agency" means a state department, board,
council, committee, authority, commission or other entity in the
executive branch of state government;
(b) "Nongeneral fund moneys" means any moneys any state
agency is authorized to receive and expend from a source other
than the general fund;
(c) "Statewide indirect costs" means all operating costs
incurred by the state treasurer and the all departments of
administration, finance and personnel and agencies which are
attributable to the provision of services to any other state
agency; except as prohibited by federal law, "statewide indirect
costs" include all operating costs incurred by the legislative
and judicial branches of state government;
(d) "Commissioner" means the commissioner of finance.
Sec. 90. Minnesota Statutes 1982, section 16A.127,
subdivision 7, is amended to read:
Subd. 7. [LEGISLATIVE AUDITOR.] Unless otherwise specified
by law, a state agency whose financial affairs are audited by
the legislative auditor, and whose funds are not administered by
the state treasurer, shall transfer to the general fund that
portion of the cost of the audit applicable to the moneys
received by the agency from sources other than the general
fund. The collection by the legislative auditor of the cost of
an audit may be waived in whole or in part by the legislative
audit commission upon recommendation by the legislative auditor.
Sec. 91. Minnesota Statutes 1982, section 16A.128, is
amended to read:
16A.128 [FEE ADJUSTMENTS.]
Subdivision 1. [APPROVAL REQUIRED; AMOUNTS.] The fees
fixed for the various accounts for which appropriations are made
by law, shall be neither may not be increased nor or decreased
except with the approval of the commissioner of finance. If the
fee or fee adjustment is required by law to be fixed by rule,
the approval by the commissioner must be included in the
statement of need and reasonableness. All these fees shall must
be reviewed at least once each six months, and, except in
special fee situations as determined by the commissioner,
adjustments shall must be made to the end that the total fees
received shall must approximate the amount appropriated for the
several accounts, plus the portion of the general support costs
and statewide indirect costs of the agency that is attributable
to the function for which the fee is charged.
Subd. 2. [PROCEDURE.] Fees that are based on actual direct
costs of a service, are one-time in nature, are not significant
in terms of revenue as in the case of minor copying fees, are
only billed within or between state agencies, or are
specifically exempted by law from approval by the commissioner
of finance, need not be set by rule unless specifically required
by law. All other fees not set by law must be set by rule. Fee
adjustments authorized under this section may be made pursuant
to the procedure for noncontroversial rules in sections 14.21 to
14.28, but without a public hearing, which the notice of
intention to adopt the rules must state, when the total fees
estimated to be received during the fiscal biennium will not
exceed the sum of all direct appropriations, indirect costs,
transfers in, and salary supplements for that purpose for the
biennium. This exemption from the public hearing requirements
of the Administrative Procedure Act does not apply to
adjustments of fees expended pursuant to open appropriations of
dedicated receipts.
Sec. 92. Minnesota Statutes 1982, section 16A.36, is
amended to read:
16A.36 [GRANTS FROM UNITED STATES, USE.]
All funds received by the state from the government of the
United States as grants in aid for the financing of aid to
dependent children, or for maternal and child health services,
or for the care of crippled children, or for the care of
neglected children and child welfare generally, or for
vocational rehabilitation, or for the extension of public health
services, or for any other public assistance or public welfare
purpose shall be used solely for the purpose for which the grant
was made. Any interest or income arising from the funds so
granted shall be accredited credited by the state treasurer to
the particular account for which the grant was made and used
solely for the purpose of that grant, or repaid to the United
States Treasury as if the proper authorities or the government
of the United States may so require, or otherwise shall be
credited to the general fund.
Sec. 93. Minnesota Statutes 1982, section 16A.50, is
amended to read:
16A.50 [REPORT TO LEGISLATURE.]
On or before November 15 December 31 of each year the
commissioner of finance shall prepare and submit to the
legislature and make available to the public a financial report
covering the operations of all state funds during the preceding
fiscal year. The report shall contain financial statements and
disclosures which present the state's financial position and the
fiscal results of state operations. This report shall be in
conformity with generally accepted accounting principles.
Sec. 94. Minnesota Statutes 1982, section 16A.64,
subdivision 2, is amended to read:
Subd. 2. The bonds shall be issued and sold upon sealed
bids upon such notice, at such times, in such form and
denominations, bearing interest at such rate or rates, maturing
on such dates, either without option of prior payment or subject
to prepayment upon such notice and at such times and prices,
payable at such bank or banks, within or without the state, with
such provisions for registration, conversion, and exchange and
for the issuance of notes in anticipation of the sale and
delivery of definitive bonds, and in accordance with such
further regulations provisions, as the commissioner of finance
shall determine, subject to the approval of the attorney general
(but not subject to the provisions of sections 14.02, 14.04 to
14.36, 14.38, 14.44 to 14.45, and 14.57 to 14.62). Each bond
shall mature within 20 years from its date of issue, shall be
sold at not less than par plus accrued interest, and shall be
executed by the commissioner of finance and attested by the
state treasurer under their official seals. The signature of
one signatures of these officers on the face of any bond and on
the interest coupons appurtenant to it, and their seals, and the
signature of both officers on the interest coupons appurtenant
to any bond, may be printed, lithographed, stamped, or engraved,
or otherwise reproduced thereon. Each bond shall be
authenticated by the manual signature on its face of one of the
officers or a person authorized to sign on behalf of a bank or
trust company designated by the commissioner to act as registrar
or other authenticating agent.
Sec. 95. Minnesota Statutes 1982, section 16A.64,
subdivision 4, is amended to read:
Subd. 4. All expenses incidental to the sale, printing,
execution, and delivery of bonds pursuant to this section,
including, but not limited to, actual and necessary travel and
subsistence expenses of state officers and employees for such
purposes, shall be paid from the Minnesota state building fund,
and the amounts necessary therefor are appropriated from said
fund; provided that if any amount is specifically appropriated
for this purpose in an act authorizing the issuance of bonds
pursuant to this section, such expenses shall be first paid to
the extent possible from the amount so appropriated.
Sec. 96. Minnesota Statutes 1982, section 16A.66,
subdivision 1, is amended to read:
Subdivision 1. For the purpose of refunding state bonds of
any series heretofore or hereafter authorized, including
interest on them, the commissioner of finance may with approval
by resolution of the executive council issue bonds of the state
of Minnesota in a maximum amount equal to the outstanding
principal amount of the bonds to be refunded, in the manner and
upon the terms and conditions prescribed in this section and in
the Constitution, article XI, section 7. For the prompt and
full payment of all such refunding bonds and the interest
thereon the full faith and credit and taxing powers of the state
are irrevocably pledged. The proceeds of such bonds shall be
credited to the state bond fund created by the Constitution, and
within that fund to such separate bookkeeping account as shall
have been created for the payment of the bonds to be refunded
and the interest thereon, and shall be credited only against the
tax otherwise required by the Constitution to be levied with
respect to the refunded bonds.
Sec. 97. Minnesota Statutes 1982, section 16A.66,
subdivision 2, is amended to read:
Subd. 2. Unless otherwise expressly provided in the law
authorizing the issuance of any series of bonds, such
authorization shall include authorization to the commissioner to
issue refunding bonds in a maximum principal amount equal to the
principal amount thereof outstanding at any time, for the
purpose of refunding the same in the manner and upon the terms
and conditions prescribed in this section. Any act directing
the issuance of bonds for any purpose shall, together with this
section, constitute complete authority for the issuance of bonds
to refund the same, and such refunding bonds shall not be
subject to the restrictions or limitations contained in any
other law.
Sec. 98. Minnesota Statutes 1982, section 16A.66,
subdivision 3, is amended to read:
Subd. 3. Such refunding bonds shall be issued and sold
upon sealed bids, or may be sold directly to the state board of
investment without bids, or may be exchanged for bonds refunded
by agreement with the holders thereof, and shall be prepared,
executed, and delivered, and when issued shall be secured, in
the same manner in all respects as provided by law and the
Constitution for the bonds refunded thereby. The proceeds of
the bonds may be deposited, invested, and applied to accomplish
the refunding in the manner and upon the conditions provided in
section 475.67, subdivisions 5 to 11 10. The interest rate on
refunding bonds may exceed that on the bonds refunded when in
the judgment of the commissioner and council refunding is
nevertheless necessary or desirable for the purpose of extending
the maturities and reducing the annual amount of the property
tax or other funds needed to pay and secure the bonds and
interest, in lieu of the revenues primarily appropriated for
their payment.
Sec. 99. [16A.672] [BONDS AND CERTIFICATES OF
INDEBTEDNESS.]
Subdivision 1. [GENERAL.] Notwithstanding any contrary
provision of other law, the commissioner of finance and the
state treasurer shall have the powers specified in this section
with respect to the issuance, form, execution, delivery,
registration of transfer and exchange, and payment of bonds and
certificates of indebtedness heretofore or hereafter authorized
to be issued or issued by the state.
Subd. 2. [FORM OF OBLIGATIONS.] The bonds or certificates
of indebtedness may be issued in bearer form with interest
coupons attached, with or without provision for registration as
to principal only, or in fully registered form, in one or more
denominations, and with provisions for conversion of form,
exchange of denominations, and transfer of ownership as
prescribed by the commissioner of finance. All bonds and
certificates of indebtedness, when issued according to orders of
the commissioner of finance, shall be securities within the
meaning of sections 336.8-101 to 336.8-408, and the commissioner
of finance and the state treasurer may do on behalf of the state
all acts and things which are permitted or required of issuers
of securities under sections 336.8-101 to 336.8-408 and are
consistent with the orders. The bonds or certificates of
indebtedness may be printed, lithographed, or otherwise
reproduced in the style and form the commissioner prescribes,
but the form shall state in a general way the purpose for which
they are issued and the security provided for their payment.
Subd. 3. [EXECUTION OF OBLIGATIONS.] The bonds and
certificates of indebtedness shall be executed by the
commissioner of finance and attested by the state treasurer
under their official seals. Facsimile signatures and seals of
either or both of these officers may, as the commissioner of
finance deems appropriate, be printed, lithographed, stamped,
engraved, or otherwise reproduced. Every bond and certificate
issued, whether initially or upon transfer, exchange, or
replacement, shall be manually signed on its face by one of
these officers, or by a duly authorized representative of a bank
or trust company designated by order of the commissioner of
finance, whether at or after the time of initial issue, as
registrar or otherwise as agent of the state to authenticate it.
Subd. 4. [DELIVERY OF OBLIGATIONS.] The commissioner of
finance may appoint a bank or trust company within or outside
the state to act as delivery agent on behalf of the state, and
to deliver the bonds or certificates of indebtedness to the
initial purchaser upon payment therefor.
Subd. 5. [REGISTRAR.] The commissioner of finance, in the
order for the issuance of any bonds or certificates of
indebtedness, may designate a corporate registrar to perform on
behalf of the state the duties of a registrar as set forth in
sections 336.8-101 to 336.8-408, including but not limited to
authentication and delivery upon initial issuance and upon
registration of transfer, exchange, or conversion into another
form. Any registrar shall be an incorporated bank or trust
company, within or outside the state, authorized by the laws of
the United States or of the state in which it is located to
perform these duties.
Subd. 6. [PAYMENT OF OBLIGATIONS.] The order authorizing
the issuance of any bonds or certificates of indebtedness may
provide for the payment of principal and interest in the manner
and by the means the commissioner deems necessary to ensure full
and prompt payment when due, and may provide for the payment at
the office of a bank or trust company within or outside the
state. In the case of fully registered bonds or certificates of
indebtedness, the order may provide that the interest coming due
on any interest payment date shall be payable to the person or
entity who is the registered owner on the bond or certificate
register on a specified date preceding the interest payment
date, by check, draft, or other transfer to the order of the
registered owner.
Subd. 7. [AGREEMENTS.] The commissioner of finance may
enter into agreements containing terms which are necessary or
desirable to carry out the authority given him in this section,
pursuant to applicable orders of the commissioner. The
agreements may provide for the payment of compensation for
services to be performed and expenses to be incurred on behalf
of the state, and may provide for their payment from the
proceeds of the bonds or certificates of indebtedness, or from
other money appropriated to the commissioner of finance, or from
charges to be imposed on the holders of bonds or certificates of
indebtedness, or from a combination of these sources. As much
of the proceeds of the bonds or certificates as necessary is
appropriated for this purpose.
Subd. 8. [APPROPRIATION.] There is appropriated annually
to the commissioner of finance from the general fund in the
state treasury an amount of money sufficient to pay when due all
compensation and expenses due to registrars, delivery agents,
and paying agents for state bonds and certificates of
indebtedness under the terms of agreements entered into
according to subdivision 7.
Subd. 9. [APPROVAL BY ATTORNEY GENERAL.] No agreement
described in subdivision 7 shall become effective until it has
been approved as to form and execution by the state attorney
general or his designee.
Subd. 10. [REGISTRATION DATA PRIVATE.] All information
contained in any register maintained by the state treasurer or a
corporate registrar with respect to the ownership of state bonds
or certificates of indebtedness constitutes nonpublic data as
defined in section 13.02, subdivision 9, or private data on
individuals as defined in section 13.02, subdivision 12. The
information is not public and is accessible only to the
individual, corporation, or other entity which is the subject of
it, except as disclosure (a) is necessary for the performance of
the duties of the registrar, the state commissioner of finance,
the state treasurer, or the state legislative auditor, or (b) is
requested by an authorized representative of the state
commissioner of revenue or attorney general or of the
commissioner of internal revenue of the United States for the
purpose of ascertaining the application of any estate,
inheritance, or other tax, or (c) is required under section
13.03, subdivision 4.
Sec. 100. Minnesota Statutes 1982, section 43A.05,
subdivision 5, is amended to read:
Subd. 5. [COMPARABILITY ADJUSTMENTS.] The commissioner
shall compile, subject to availability of funds and personnel,
and submit to the legislative commission on employee relations
by January 1 of each odd-numbered year a list showing, by
bargaining unit, and by plan for executive branch employees
covered by a plan established pursuant to section 43A.18, those
female-dominated classes and those male-dominated classes in
state civil service for which a compensation inequity exists
based on comparability of the value of the work. The
commissioner shall also submit to the legislative commission on
employee relations, along with the list, an estimate of the
appropriation necessary for providing comparability adjustments
for classes on the list. The commission shall review and
approve, disapprove, or modify, the list and proposed
appropriation. The commission's action shall be submitted to
the full legislature in the same manner as provided in section
3.855 and section 43A.18 or section 179.74, subdivision 5,
provided that the full legislature may approve, reject, or
modify the commission's action. The commission shall show the
distribution of the proposed appropriation among the bargaining
units and among the plans established under 43A.18. Each
bargaining unit and each plan shall be allocated that proportion
of the total proposed appropriation which equals the number cost
of providing adjustments for the positions in the unit or plan
approved by the commission for comparability adjustments divided
by the total number cost of providing adjustments for all
positions on the list approved by the commission for
comparability adjustments. Distribution of any appropriated
funds within each bargaining unit or plan shall be determined by
collective bargaining agreements or by plans.
Sec. 101. Minnesota Statutes 1982, section 43A.23,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The commissioner is authorized
to request bids from carriers or to negotiate with carriers and
to enter into contracts with carriers which in the judgment of
the commissioner are best qualified to underwrite and service
the benefit plans. Contracts to underwrite the benefit plans
shall be bid or negotiated separately from contracts to service
the benefit plans, which shall be awarded only on the basis of
competitive bids. The commissioner shall consider the cost of
the plans, conversion options relating to the contracts, service
capabilities, character, financial position, and reputation of
the carriers and any other factors which the commissioner deems
appropriate. Each benefit contract shall be for a uniform term
of at least one year, but may be made automatically renewable
from term to term in the absence of notice of termination by
either party. The commissioner shall, to the extent feasible,
make hospital and medical benefits available from at least one
carrier licensed to do business pursuant to each of chapters
62A, 62C and 62D. The commissioner need not provide health
maintenance organization services to an employee who resides in
an area which is not served by a licensed health maintenance
organization. The commissioner may refuse to allow a health
maintenance organization to continue as a carrier if it was
selected by less than 200 employees in the preceding benefit
year. The commissioner may elect not to offer all three types
of carriers if there are no bids or no acceptable bids by that
type of carrier or if the offering of additional carriers would
result in substantial additional administrative costs. Any
carrier licensed pursuant to chapter 62A shall be exempt from
the tax imposed by section 60A.15 on premiums paid to it by the
state.
Sec. 102. Minnesota Statutes 1982, section 85A.01,
subdivision 2, is amended to read:
Subd. 2. The board shall annually elect a chairman from
among its members and such other officers as it may deem
necessary for the performance of its duties. It shall appoint a
director to serve at its pleasure who is in the unclassified
service of the state and who shall be chosen solely on the basis
of his training, experience and other qualifications in
appropriate to the field of zoo management. The director shall
act as executive secretary and appoint administrative officers
and employees of the board with the approval of the board. With
the approval of the board, he shall exercise the powers and
duties set forth in section 85A.03.
Sec. 103. Minnesota Statutes 1982, section 85A.04,
subdivision 3, is amended to read:
Subd. 3. [ZOO GIFT STORE ACCOUNT.] A working capital
account is established for the gift store of the Minnesota
zoological garden. All receipts from the gift store operation
shall be deposited in the state treasury and credited to the
account and are appropriated for the purposes of the gift
store. Gift store expenses, including inventory, personnel
costs, space rental, and overhead, shall be paid from the
account. The unencumbered balance in the account on June 30 of
each year in excess of the value of the inventory of the gift
store on June 30, 1981 shall be transferred to the general fund
calculated and disbursed as follows: for the periods ending
June 30, 1982, and June 30, 1983, the entire amount shall be
transferred to the general fund; for the year ending June 30,
1984, and each year thereafter, the amount attributable to the
period July 1, 1982, to June 30, 1983, shall be transferred to
the general fund and the remainder shall be retained by the
zoological garden. Any amount so retained shall be dedicated to
capital improvements at the zoological garden and are
appropriated for that purpose. If improvements or expansions
are planned for the gift store operation to be paid with gift
store receipts, the plan must be first approved by the governor
after receiving the recommendation of the legislative advisory
commission.
Sec. 104. Minnesota Statutes 1982, section 85A.04, is
amended by adding a subdivision to read:
Subd. 4. [Z00 RIDE ACCOUNT.] All receipts from the
operation of the zoo ride shall be deposited in a special
account in the state treasury. All receipts from the zoo ride
are appropriated to the board for the purposes of the zoo ride.
These receipts are the only money appropriated for zoo ride
operating expenses or debt service.
Sec. 105. Minnesota Statutes 1982, section 98.47, is
amended by adding a subdivision to read:
Subd. 18. A license to take deer shall be issued without
charge to any resident of Minnesota who is a veteran as defined
in section 197.447, with a 100 percent service connected
disability as defined by the United States veterans
administration, and who furnishes satisfactory evidence of his
disability to the county auditor or a subagent of the county
auditor, acting under the provisions of section 98.50. This
license must be issued in accordance with any rules the
commissioner may prescribe.
Sec. 106. Minnesota Statutes 1982, section 98.48,
subdivision 9, is amended to read:
Subd. 9. (a) The commissioner may issue special permits,
with fee, to gather or harvest any aquatic plants, or plant
parts, other than wild rice from public waters of the state, to
transplant any aquatic plants into other public waters, or to
destroy any harmful or undesirable aquatic vegetation or
organisms in public waters by such means and under such
conditions as he may prescribe for protection of such waters and
desirable species of fish, vegetation, and other forms of
aquatic life therein and for the protection of the public.
(b) Each application for a permit shall be accompanied by a
permit fee when required by a fee schedule established by the
commissioner pursuant to rules and regulations adopted after
public hearing and published in the manner provided by section
97.53. The schedule may provide exemptions from fees, maximum
fees not to exceed $50 $100 per permit based upon the cost of
receiving, processing, analyzing and issuing the permit and
additional costs which may be imposed subsequent to the
application for inspecting and monitoring the activities
authorized by the permit. No fee may be imposed on any state or
federal governmental agency applying for a permit. All money
received pursuant to this subdivision shall be deposited in the
game and fish fund.
(c) The commissioner shall promulgate, by January 1, 1975,
after public hearing and shall publish in the manner provided by
section 97.53, rules and regulations containing standards and
criteria governing the issuance and denial of permits for
activities affecting aquatic plants including, but not limited
to, provisions to insure that aquatic plant control is
consistent with shoreland conservation ordinances, lake
management plans and programs, wild and scenic river plans,
penalties for failure to comply with permit regulations and
enforcement procedures.
Sec. 107. Minnesota Statutes 1982, section 105.405,
subdivision 2, is amended to read:
Subd. 2. No permit authorized by sections 105.37 to 105.55
nor any plan for which the commissioner's approval is required
or permitted, involving a diversion of any waters of the state,
surface or underground, to a place outside of this state shall
be granted or approved until after a determination by the
commissioner that the water remaining in this state will be
adequate to meet the state's water resources needs during the
specified life of the diversion project and after approval by
the legislature.
Sec. 108. Minnesota Statutes 1982, section 105.41,
subdivision 5, is amended to read:
Subd. 5. Records of the amount of water appropriated or
used shall be recorded for each such installation and such
readings and the total amount of water appropriated shall be
reported annually to the commissioner of natural resources on or
before February 15 of the following year upon forms to be
supplied by the commissioner.
For the purpose of improving the state's water use data
collection and dissemination system, there is established The
records shall be submitted with an annual water appropriation
processing fee of $5 in the amount established in accordance
with the following schedule of fees for each water appropriation
permit in force at any time during the year: (a) irrigation
permits, $10 for each permitted 40 acres or portion thereof; (b)
for nonirrigation permits, $5 for each ten million gallons or
portion thereof permitted each year, but not to exceed a total
fee of $250 per permit. The fee is payable regardless of the
amount of water apppropriated during the year. The fee shall be
paid at the time of making the annual report required by this
section. Failure to pay the fee is sufficient cause for
revoking a permit. No fee may be imposed on any state agency,
as defined in section 16.011, or federal governmental agency
holding a water appropriation permit.
Sec. 109. Minnesota Statutes 1982, section 105.44,
subdivision 10, is amended to read:
Subd. 10. [PERMIT FEES.] Each application for a permit
authorized by sections 105.37 to 105.64, shall be accompanied by
a permit application fee in the amount of $15 $30 to defray the
costs of receiving, recording, and processing the application.
The commissioner may charge an additional permit application fee
in excess of the fee specified above, in accordance with a
schedule of fees adopted by rules promulgated in the manner
provided by chapter 14 section 16A.128, which fee schedule shall
be based upon the project's costs and the complexity of the
permit applied for.
For projects requiring a mandatory environmental assessment
pursuant to chapter 116D the commissioner may charge an
additional field inspection fee of not less than $25 for each
permit applied for under sections 105.37 to 105.64. The
commissioner shall establish pursuant to rules adopted in the
manner provided by chapter 14 section 16A.128, a schedule for
field inspection fees which shall include actual costs related
to field inspection such as investigations of the area affected
by the proposed activity, analysis of the proposed activity,
consultant services, and subsequent monitoring, if any, of the
activity authorized by the permit.
Except as provided below, the commissioner may not issue a
permit until all fees required by this section relating to the
issuance of a permit have been paid. The time limits prescribed
by subdivision 4, do not apply to an application for which the
appropriate fee has not been paid. Field inspection fees
relating to monitoring of an activity authorized by a permit may
be charged and collected as necessary at any time after the
issuance of the permit. No permit application or field
inspection fee may be refunded for any reason, even if the
application is denied or withdrawn. No permit application or
field inspection fee may be imposed on any state agency, as
defined in section 16.011, or federal governmental agency
applying for a permit.
Sec. 110. Minnesota Statutes 1982, section 115A.58,
subdivision 2, is amended to read:
Subd. 2. [ISSUANCE OF BONDS.] Upon request by the board
and upon authorization as provided in subdivision 1, the
commissioner of finance shall sell Minnesota state waste
management bonds. The bonds shall be in the aggregate amount
requested, and sold upon sealed bids upon the notice, at the
price in the form and denominations, bearing interest at the
rate or rates, maturing in the amounts and on the dates (with or
without option of prepayment or subject to prepayment upon the
notice and at the specified times and prices), payable at the a
bank or banks within or outside the state (with provisions, if
any, for registration, conversion, and exchange and for the
issuance of temporary bonds or notes in anticipation of the sale
or delivery of definitive bonds), and in accordance with any
further provisions as the commissioner of finance shall
determine. The sale is, subject to the approval of the attorney
general, but not subject to the provisions of sections 14.02,
14.04 to 14.36, 14.38, 14.44 to 14.45, and 14.57 to 14.62. The
bonds shall be executed by the commissioner of finance and
attested by the state treasurer under their official seals. The
signatures of the officers on the bonds and any interest coupons
and their seals may be printed, lithographed, engraved, or
stamped, or otherwise reproduced thereon, except that each bond
shall be authenticated by the manual signature on its face of
one of the officers or of an officer authorized representative
of a bank designated by them the commissioner of finance as
registrar or other authenticating agent. The commissioner of
finance shall ascertain and certify to the purchasers of the
bonds the performance and existence of all acts, conditions, and
things necessary to make them valid and binding general
obligations of the state of Minnesota, subject to the approval
of the attorney general.
Sec. 111. Minnesota Statutes 1982, section 116.03,
subdivision 3, is amended to read:
Subd. 3. The director of the pollution control agency is
the state agent to apply for, receive, and disburse federal
funds made available to the state by federal law or rules and
regulations promulgated thereunder for any purpose related to
the powers and duties of the pollution control agency or the
director. He shall comply with any and all requirements of such
federal law or such rules and regulations promulgated thereunder
to enable him to apply for, receive, and disburse such funds.
All such moneys received by the director shall be deposited in
the state treasury and are hereby annually appropriated to him
for the purposes for which they are received. None of such
moneys in the state treasury shall cancel and they shall be
available for expenditure in accordance with the requirements of
federal law.
The provisions of section 3.3005 shall not apply to
emergency response moneys available without requirement of a
state match under the federal Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C.
Sections 9601 to 9657, for which a state match is not required
or for which a state match is available under the Environmental
Response and Liability Act or from a political subdivision. The
receipt of the moneys shall be reported to the legislative
advisory commission.
Sec. 112. Minnesota Statutes 1982, section 116.07,
subdivision 2a, is amended to read:
Subd. 2a. [EXEMPTIONS FROM STANDARDS.] No standards
adopted by any state agency for limiting levels of noise in
terms of sound pressure which may occur in the outdoor
atmosphere shall apply to (1) segments of trunk highways
constructed with federal interstate substitution money, provided
that all reasonably available noise mitigation measures are
employed to abate noise, (2) skeet, trap or shooting sports
clubs, or (3) the holding of motor vehicle race events conducted
at a facility specifically designed for that purpose that was in
operation on or before July 1, 1983. Nothing herein shall
prohibit a local unit of government or a public corporation with
the power to make rules for the government of its real property
from regulating the location and operation of skeet, trap or
shooting sports clubs, or the holding of motor vehicle race
events conducted at a facility specifically designed for that
purpose that was in operation on or before July 1, 1983.
Sec. 113. Minnesota Statutes 1982, section 116.07, is
amended by adding a subdivision to read:
Subd. 4d. [PERMIT FEES.] The agency may collect permit
fees in amounts not greater than those necessary to cover the
reasonable costs of reviewing and acting upon applications for
agency permits and implementing and enforcing the conditions of
the permits pursuant to agency rules. Permit fees shall not
include the costs of litigation. The agency shall adopt rules
establishing the amounts and methods of collection of any permit
fees collected under this subdivision. Any money collected
under this subdivision shall be deposited in the general fund.
Sec. 114. Minnesota Statutes 1982, section 116.07,
subdivision 9, is amended to read:
Subd. 9. [ORDERS; INVESTIGATIONS.] The agency shall have
the following powers and duties for the enforcement of any
provision of this chapter, relating to air contamination or
waste:
(a) to adopt, issue, reissue, modify, deny, revoke, enter
into or enforce reasonable orders, schedules of compliance and
stipulation agreements;
(b) to require the owner or operator of any emission
facility, air contaminant treatment facility, potential air
contaminant storage facility, or any system or facility related
to the storage, collection, transportation, processing, or
disposal of waste to establish and maintain records; to make
reports; to install, use, and maintain monitoring equipment or
methods; and to make tests, including testing for odor where a
nuisance may exist, in accordance with methods, at locations, at
intervals, and in a manner as the agency shall prescribe; and to
provide other information as the agency may reasonably require;
(c) to conduct investigations, issue notices, public and
otherwise, and order hearings as it may deem necessary or
advisable for the discharge of its duties under this chapter,
including but not limited to the issuance of permits; and to
authorize any member, employee, or agent appointed by it to
conduct the investigations and issue the notices.
Sec. 115. Minnesota Statutes 1982, section 116.16,
subdivision 10, is amended to read:
Subd. 10. [COSTS.] To the extent the agency administers or
engages in activities necessary for administering any aspects of
the federal water pollution control act as amended, 33 U.S.C.
1251 et seq., the agency may assess the costs of such
administrative activities, in an amount not to exceed two
percent of the federal grant that allowed by federal law,
against the federal construction grant funds allotted to the
state.
Sec. 116. Minnesota Statutes 1982, section 116.17,
subdivision 2, is amended to read:
Subd. 2. [ISSUANCE OF BONDS.] Upon request by resolution
of the agency and upon authorization as provided in subdivision
1 the commissioner of finance shall sell and issue Minnesota
state water pollution control bonds in the aggregate amount
requested, upon sealed bids and upon such notice, at such price,
in such form and denominations, bearing interest at such a rate
or rates, maturing in such amounts and on such dates, with or
without option of prepayment or subject to prepayment upon such
notice and at such specified times and prices, payable at such a
bank or banks within or outside the state, with such provisions,
if any, for registration, conversion, and exchange and for the
issuance of temporary bonds or notes in anticipation of the sale
or delivery of definitive bonds, and in accordance with such
further regulations provisions, as the commissioner of finance
shall determine, subject to the approval of the attorney
general, but not subject to the provisions of sections 14.02,
14.04 to 14.36, 14.38, 14.44 to 14.45, and 14.57 to 14.62. The
bonds shall be executed by the commissioner of finance and
attested by the state treasurer under their official seals. The
signatures of the officers on the bonds and any appurtenant
interest coupons and their seals may be printed, lithographed,
engraved, or stamped, or otherwise reproduced thereon, except
that each bond shall be authenticated by the manual signature on
its face of one of the officers or of an officer authorized
representative of a bank designated by them the commissioner as
registrar or other authenticating agent. The commissioner of
finance shall ascertain and certify to the purchasers of the
bonds the performance and existence of all acts, conditions, and
things necessary to make them valid and binding general
obligations of the state of Minnesota, subject to the approval
of the attorney general.
Sec. 117. Minnesota Statutes 1982, section 116.18,
subdivision 1, is amended to read:
Subdivision 1. [APPROPRIATION FROM THE FUND.] The sum of
$155,000,000, or so much thereof as may be necessary, is
appropriated from the Minnesota state water pollution control
fund in the state treasury to the pollution control agency, for
the period commencing on July 23, 1971 and ending June 30, 1983
1985, to be granted and disbursed to municipalities and agencies
of the state in aid of the construction of projects conforming
to section 116.16, in accordance with the rules, priorities, and
criteria therein described. Except as otherwise provided in
this subdivision and in subdivision 2, these state funds shall
be expended at 15 per centum of the eligible cost of
construction and shall be expended only for projects tendered a
grant of federal funds under section 201(g), section 202,
section 203 or section 206(f) of the Federal Water Pollution
Control Act, as amended, 33 U.S.C. 1314 et seq., at 75 per
centum of the eligible cost for construction of the treatment
works; provided, that not less than ten percent of the cost
shall be paid by the municipality or agency constructing the
project. In the event that a municipality is tendered federal
and state grants in a percentage cumulatively exceeding 90 per
centum of the eligible cost of construction, the state pollution
control agency shall reduce the grant to the municipality under
this chapter to the extent necessary to assure that not less
than ten percent of the cost shall be paid by the municipality.
It is the purpose of this appropriation that a grant of state
funds for each project approved in each of the fiscal years
ending June 30, 1971 through 1983 1985, shall be made in an
amount not less than that required in federal law and
regulations as a condition for the grant of federal funds for
the project and for all other water pollution control projects
for which federal grants are allocated in the same year, in the
maximum amount permissible under law and regulations.
Notwithstanding any other provision, the agency may, in its
discretion, and after consideration of the amount of state funds
required to match federal funds, make a grant of state funds not
exceeding 15 per centum to a municipality that would qualify for
a grant of federal funds but desires to initiate construction of
a project without a federal grant. The agency may limit the
scope and eligible cost of the project.
If a municipality is tendered a grant of federal funds
under section 201, paragraph (g), section 202, section 203 or
section 206, paragraph (f) of the Federal Water Pollution
Control Act, as amended, 33 U.S.C. 1314 et seq., at 85 percent
of the eligible cost for construction of treatment works
utilizing innovative or alternative wastewater treatment
processes and techniques, state funds shall be expended at nine
percent of the eligible cost of construction; provided, that not
less than six percent of the eligible cost of construction shall
be paid by the municipality or agency constructing the project.
In the event that a municipality is tendered federal and state
grants in a percentage cumulatively exceeding 94 percent of the
eligible cost of construction, the state pollution control
agency shall reduce the grant to the municipality under this
chapter to the extent necessary to assure that the municipality
receives no more than 94 percent of the eligible cost of
construction.
Sec. 118. Minnesota Statutes 1982, section 116.41,
subdivision 2, is amended to read:
Subd. 2. [TRAINING AND CERTIFICATION PROGRAMS.] The agency
shall develop standards of competence for persons operating and
inspecting various classes of disposal facilities. The agency
shall conduct training programs for persons operating facilities
for the disposal of waste and for inspectors of such facilities,
and may charge such fees as are necessary to cover the actual
costs of the training programs. All fees received shall be paid
into the state treasury and credited to the account created in
section 115.03, subdivision 1, clause (j), for training water
pollution control personnel, and are appropriated to the agency
to pay expenses relating to the training of disposal facility
personnel.
The agency shall require operators and inspectors of such
facilities to obtain from the agency a certificate of
competence. The agency shall conduct examinations to test the
competence of applicants for certification, and shall require
that certificates be renewed at reasonable intervals. The
agency may charge such fees as are necessary to cover the actual
costs of receiving and processing applications, conducting
examinations, and issuing and renewing certificates.
Certificates shall not be required for a private individual for
landspreading and associated interim and temporary storage of
sewage sludge on property owned or farmed by that individual.
Sec. 119. Minnesota Statutes 1982, section 116C.03,
subdivision 2, is amended to read:
Subd. 2. The board shall include as permanent members the
commissioner of the department of energy, planning and
development, the director of the pollution control agency, the
commissioner of natural resources, the commissioner of
agriculture, the commissioner of health, the commissioner of
transportation, and a representative of the governor's office
designated by the governor. The governor shall appoint five
members from the general public to the board, subject to the
advice and consent of the senate. At least two of the five
public members shall have knowledge of and be conversant in
water management issues in the state.
Sec. 120. [116C.81] [COORDINATION OF WATER RESOURCE
MANAGEMENT AND PLANNING; DEFINITIONS.]
Subdivision 1. [APPLICATION.] For the purposes of sections
120 and 121 the terms defined in this section have the meanings
given them.
Subd. 2. [BOARD.] "Board" means the environmental quality
board.
Subd. 3. [SOUTHERN MINNESOTA RIVERS BASIN.] "Southern
Minnesota rivers basin" means the area within the watersheds of
rivers and streams tributary to the Minnesota river, and the
areas within the watersheds of rivers tributary to the
Mississippi river on the westerly side of the Mississippi south
of its confluence with the Minnesota river.
Sec. 121. [116C.82] [DUTIES OF BOARD.]
Subdivision 1. [WATER PLANNING.] The board shall:
(1) coordinate public water resource management and
regulation activities among the state agencies having
jurisdiction in the area;
(2) initiate, coordinate, and continue to develop
comprehensive long-range water resources planning in furtherance
of the plan adopted by the water planning board entitled "A
Framework for a Water and Related Land Resources Strategy for
Minnesota, 1979";
(3) coordinate water planning activities of local,
regional, and federal bodies with state water planning and
integrate these plans with state strategies; and
(4) administer federal water resources planning with
multiagency interests.
Subd. 2. [SOUTHERN MINNESOTA RIVERS BASIN.] The board
shall guide the creation and implementation of a comprehensive
environmental conservation and development plan for the southern
Minnesota rivers basin. The board shall coordinate state and
local interests with respect to the study in southwestern
Minnesota under Public Law Number 87-639. The board shall
appoint an advisory council to advise the board concerning its
responsibilities under this subdivision. The council shall
consist of 11 members who are residents of the basin and
appointed by the governor. The council is subject to the
provisions of section 15.059, except that the council shall
expire June 30, 1987. The council shall make recommendations to
the board by June 30, 1985, concerning the establishment of a
statewide advisory council to advise the board on water
resources planning, regulation, and management.
Subd. 3. [GOVERNOR'S REPRESENTATIVE.] The board
chairperson shall represent the governor on interstate water
resources organizations.
Sec. 122. [TRANSITIONAL PROVISION.]
The members of the southern Minnesota rivers basin board as
constituted before enactment of this act shall be the first
members of the southern Minnesota rivers basin advisory council.
The environmental quality board shall adjust the terms of the
first members of the advisory council to conform to the
requirements of Minnesota Statutes, section 15.059.
Sec. 123. [METROPOLITAN WATERSHED MANAGEMENT.]
Notwithstanding any contrary provisions of Minnesota
Statutes 1982, section 473.878, subdivision 2, until July 1,
1984, no county shall petition for establishment of a watershed
district or assume any authority under section 473.878,
subdivision 2 for a minor watershed unit if the metropolitan
council finds by December 31, 1983, that reasonable progress is
being made to negotiate a joint powers agreement in order to
form a watershed management organization for that watershed unit.
Sec. 124. Minnesota Statutes 1982, section 116J.24, is
amended by adding a subdivision to read:
Subd. 6. [OUTREACH FOR ENERGY AUDIT INTERPRETATION.] The
commissioner shall establish a program to assist school
officials in the understanding of energy audits performed on
their schools. The program will also provide suggestions and
assistance in the application for any state or federal grants or
loans relating to energy conservation for which the school may
be eligible.
Sec. 125. Minnesota Statutes 1982, section 116J.27,
subdivision 2, is amended to read:
Subd. 2. For the purposes of subdivisions 3 to 7, the
following terms shall have the meanings given them.
(a) "Residence" means any dwelling for habitation either
seasonally, meaning all or a portion of the months of December
November through March April, or permanently by one or more
persons. A residence may be owned or rented and may be part of
a multidwelling or multipurpose building, but shall not include
buildings such as hotels, hospitals, motels, dormitories,
sanitariums, nursing homes, schools and other buildings used for
educational purposes, or correctional institutions. A
manufactured home as defined in section 168.011, subdivision 8,
shall be a residence for purposes of this section.
(b) "Time of sale" means the time when a written purchase
agreement is executed by the buyer, or, in the absence of a
purchase agreement, at the time of the execution of any document
providing for the conveyance of a residence.
(c) "Energy disclosure report" means the written and signed
evaluation by a person certified pursuant to subdivision 6 made
on an approved form, representing to the actual buyer of the
residence evaluated that the evaluator has used reasonable care
and diligence. For purposes of subdivisions 5 and 7, a
residential energy audit meeting the audit standards of 42
U.S.C. 8211 et seq. may be substituted for an energy disclosure
report.
(d) "Applicable energy efficiency standards" means those
standards established under subdivision 1 which are not shown to
be economically infeasible for the building in question.
Sec. 126. Minnesota Statutes 1982, section 116J.27,
subdivision 6, is amended to read:
Subd. 6. [BUILDING EVALUATORS.] The commissioner shall
certify evaluators in each county of the state who are qualified
to determine the compliance of a residence with applicable
energy disclosure requirements efficiency standards. The
commissioner shall, by rule pursuant to chapter 14, adopt
standards for the certification and performance of evaluators
and set a fee for the certification of evaluators which is
sufficient to cover the ongoing costs of the program once it is
established. The commissioner shall encourage the certification
of existing groups of trained municipal personnel and qualified
individuals from community-based organizations and public
service organizations. Each certified evaluator shall, on
request of the owner, inspect any residence and report the
degree to which it complies with applicable energy disclosure
requirements efficiency standards established pursuant to
subdivision 1. The inspections shall be made within 30 days of
the request. After July 1, 1981, Evaluators for the home energy
disclosure program shall be certified only if they also meet all
requirements for conducting residential energy audits pursuant
to 42 U.S.C. 8211 et seq. Any person certified as a building
evaluator prior to July 1, 1981, shall, by January 1, 1982, meet
the upgraded certification standards in effect after July 1,
1981. The commissioner shall enter into an agreement with the
department of education for the provision of evaluator training
through the area vocational technical institutes. The
commissioner may contract with the area vocational technical
institutes to reduce the training costs to the students. The
commissioner may eliminate the examination fee for persons
seeking upgraded certificates. The commissioner may also
establish requirements for continuing education, periodic
recertification, and revocation of certification for evaluators.
Sec. 127. Minnesota Statutes 1982, section 116J.31, is
amended to read:
116J.31 [ENERGY AUDITS.]
The commissioner, in cooperation with the director of
consumer services, shall develop the and administer state plan
for the program programs of energy audits of residential and
commercial buildings including those required by 42 United
States Code, section 8211 et seq. and section 8281. The
consumer services division and the attorney general are
authorized to release information on consumer complaints about
the operation of the program to the commissioner.
Sec. 128. [116J.315] [ALTERNATIVE ENERGY ECONOMIC
ANALYSIS.]
The commissioner shall carry out the following energy
economic analysis duties:
(a) provide continued analysis of alternative energy issues
for the biennial report, certificates of need, and legislative
requests;
(b) provide alternative energy information to consumers and
business;
(c) assist in the maintenance and improvement of
alternative energy input-output multipliers and market
penetration models;
(d) provide analysis of alternative energy data.
Sec. 129. Minnesota Statutes 1982, section 116J.36, is
amended by adding a subdivision to read:
Subd. 3a. [GRANT ELIGIBILITY.] The commissioner of energy,
planning and development may provide planning grants to
municipalities for planning related to the development of
district heating systems. The municipality must demonstrate
that a community heatload survey and map have been successfully
completed, that potential district heating load is sufficiently
large to justify further consideration, and that sufficient
resources are available for the municipality to meet its
financial requirements. Eligible planning grant costs include
project definition, development of preliminary financing and
distribution system plans, and obtaining commitment for detailed
planning or design and preparation of a final report. The
amount of the grant to a municipality is limited to 90 percent
of eligible planning costs and shall not exceed $70,000 as
established by rule or temporary rule.
Sec. 130. [SURVEY OF STEAM TRAPS.]
The commissioner shall survey the steam traps in 100
state-owned buildings, to be selected by the commissioner of
administration or a designee. The purpose of the survey is to
assess the energy efficiency of current steam traps and to
recommend repair or replacement of faulty steam traps.
Sec. 131. [ENERGY MANAGEMENT TRAINING.]
The commissioner shall train state building operators in
efficient energy management of state buildings, including the
periodic review and maintenance of steam traps as a high
priority. The commissioner shall document the energy savings
from this training and make it available for use in other
program areas, such as in local government buildings.
Sec. 132. [116J.373] [SUPERINSULATED HOME DEMONSTRATION
PROJECT.]
The superinsulated home demonstration project funded under
Laws 1981, chapter 356, section 30, shall be continued under the
direction of the commissioner and the center to monitor and
document new projects and projects in progress. The project
shall:
(a) work with the financial community to bring energy cost
and savings into mortgage underwriting standards;
(b) develop a definition of superinsulation for use by
financial institutions.
Sec. 133. [116J.38] [BUILDING ENERGY RESEARCH CENTER.]
Subdivision 1. [ENERGY PARTNERSHIP.] To improve the energy
efficiency of buildings, the commissioner shall administer a
building energy research center that shall be a cooperative
effort among the commissioner, the University of Minnesota, area
vocational-technical institutes, and certain associations and
businesses from the private sector. The center's goal is to
become a nationally recognized center for building research.
Subd. 2. [PURPOSE.] The purpose of the building energy
research center is to:
(a) conduct studies of Minnesota building experience;
(b) disseminate information acquired relating to building
energy efficiency;
(c) conduct continuing education courses;
(d) provide limited energy and design consultation services
for innovative projects;
(e) coordinate and stimulate research efforts; and
(f) seek private sector pledges to match appropriations for
this program.
Sec. 134. Minnesota Statutes 1982, section 116J.42,
subdivision 8, is amended to read:
Subd. 8. The commissioner may shall charge a fee to each
user of the Minnesota land management information system. Fees
shall be deposited in the state treasury and credited to the
land management information center revolving account. Money in
the account is appropriated to the commissioner of energy,
planning and development for operation of the land management
information system, including the cost of all services,
supplies, materials, labor, and equipment, as well as the
portion of the general support costs and statewide indirect
costs of the department that is attributable to the land
management information system. The commissioner may require a
state agency to make advance payments to the revolving account
sufficient to cover the agency's estimated obligation for a
period of 60 days or more. If the revolving account is
abolished or liquidated, the total net profit from operations
shall be distributed to the various funds from which purchases
were made. The amount to be distributed to each fund shall bear
to the net profit the same ratio as the total purchases from
each fund bears to the total purchases from all the funds during
a period of time that fairly reflects the amount of net profit
each fund is entitled to receive under this distribution.
Employees paid from this account are in the unclassified service.
Sec. 135. Minnesota Statutes 1982, section 124.46,
subdivision 2, is amended to read:
Subd. 2. Upon receipt of each such certification, subject
to authorization as provided in subdivision 4, the commissioner
of finance shall from time to time as needed issue and sell
state of Minnesota school loan bonds in the aggregate principal
amount stated in the commissioner's certificate, for the prompt
and full payment of which, with the interest thereon, the full
faith, credit, and taxing powers of the state are hereby
irrevocably pledged, and shall credit the net proceeds of their
sale to the purposes for which they are appropriated by section
124.40, subdivision 1. Such bonds shall be issued and sold at
not less than their par value such price, in such manner, in
such number of series, at such times, and in such form and
denominations, shall bear such dates of issue and of maturity,
either without option of prior redemption or subject to
prepayment upon such notice and at such times and prices, shall
bear interest at such rate or rates and payable at such
intervals, shall be payable at such bank or banks within or
without the state, with such provisions for registration,
conversion, and exchange, and for the issuance of notes in
anticipation of the sale and delivery of definitive bonds, and
in accordance with such further regulations provisions as the
commissioner of finance shall determine subject to the
limitations stated in this subdivision (but not subject to the
provisions of sections 14.02, 14.04 to 14.36, 14.38, 14.44 to
14.45, and 14.57 to 14.62). The maturity date shall in no case
be less than ten or more than 20 years after the date of issue
of any bond and the principal amounts and due dates shall
conform as near as may be with the commissioner's estimates of
dates and amounts of payments to be received on debt service and
capital loans. The bonds and any interest coupons appurtenant
to them shall be executed by the commissioner of finance and
attested by the state treasurer under their official seals. The
signature signatures of one of these officers on the face of any
bond, and their seals, and the signatures of both officers on
the interest coupons appurtenant to any bond, may be printed,
lithographed, stamped, or engraved, or otherwise reproduced
thereon. Each bond shall be authenticated by the manual
signature on its face of one of the officers or a person
authorized to sign on behalf of a bank or trust company
designated by the commissioner to act as registrar or other
authenticating agent. The commissioner of finance is authorized
and directed to ascertain and certify to purchasers of the bonds
the performance and existence of all acts, conditions, and
things necessary to make them valid and binding general
obligations of the state of Minnesota in accordance with their
terms.
Sec. 136. Minnesota Statutes 1982, section 136.40,
subdivision 8, is amended to read:
Subd. 8. [BOND AUTHORIZATION AND APPROPRIATION.] For the
purpose of providing money to be loaned to the Minnesota state
university board for the acquisition and betterment of public
land, buildings, and improvements of a capital nature, the state
auditor is directed to sell and issue Minnesota state university
bonds in the maximum amount of $4,500,000 to be expended for
dormitory, residence hall, and food service facilities at the
state universities, in accordance with the recommendations of
the legislative buildings commission to the 1969 session of the
legislature, and in the maximum amount of $7,500,000 to be
expended for student union facilities at said universities, in
the manner and upon the conditions provided in subdivisions 1 to
7, which total amounts are authorized to be expended for these
purposes. No expenditures for the authorized purposes shall be
made until the board has consulted the legislative buildings
commission and the commission has made its recommendation
chairmen of the senate finance committee and house of
representatives appropriations committee and received their
recommendations thereon. Such recommendation shall be advisory
only. Failure or refusal of the commission to make a
recommendation promptly shall be deemed a negative
recommendation. The bonds shall be sold, issued, and secured as
provided in subdivisions 1 to 7 and in article XI, section 7, of
the Constitution. In order to reduce the amount of taxes
otherwise required by the Constitution to be levied for the
payment of interest and principal thereon, there is appropriated
annually to the Minnesota state university bond account in the
state bond fund from the general fund in the state treasury a
sum of money sufficient in amount, when added to the balance on
hand on November 1 in each year in said Minnesota state
university bond account, to pay all principal and interest due
and to become due on said bonds to and including July 1 in the
second ensuing year. The moneys received and on hand pursuant
to this annual appropriation are available in the state bond
fund prior to the levy of the tax in any year required by the
Constitution and by subdivision 7 and shall be used to reduce
the amount of the tax otherwise required to be levied.
Sec. 137. Minnesota Statutes 1982, section 139.18,
subdivision 1, is amended to read:
Subdivision 1. The commissioner shall distribute the money
provided by sections 139.16 to 139.18. Twice annually the
commissioner shall make block grants which shall be distributed
in equal amounts to public stations for operational costs. The
commissioner shall allocate money appropriated for the purposes
of sections 139.16 to 139.18 in such a manner that each eligible
public station receives a block grant. In addition, the
commissioner shall make matching grants to public stations.
Matching grants shall be used for operational costs and shall be
allocated using the procedure developed for distribution of
state money under this section for grants made in fiscal year
1979. No station's matching grant in any fiscal year shall
exceed the amount of Minnesota based contributions received by
that station in the previous fiscal year. Grants made pursuant
to this subdivision may only be given to those federally
licensed stations that are certified as eligible for community
service grants through the corporation for public broadcasting.
Sec. 138. Minnesota Statutes 1982, section 156A.02,
subdivision 6, is amended to read:
Subd. 6. For the purposes of sections 156A.02 to 156A.10
"groundwater thermal exchange device" means any space heating or
cooling device, the operation of which is dependent upon
extraction and reinjection of groundwaters from an independent
aquifer. Thermal exchange devices licensed under this chapter
shall be sealed against the introduction of any foreign
substance into the system, but shall be so constructed as to
permit periodic inspection of water quality and temperature.
Sec. 139. Minnesota Statutes 1982, section 156A.10,
subdivision 1, is amended to read:
Subdivision 1. Notwithstanding any department or agency
rule to the contrary, the department of health shall issue, upon
request and submission of a $50 fee, permits for the reinjection
of water by a properly constructed well into the same aquifer
from which the water was drawn exclusively for the operation of
a groundwater thermal exchange device. Withdrawal and
reinjection shall be accomplished by means of a closed system in
which the waters drawn for thermal exchange shall have no
contact or commingling with water from other sources or with any
polluting material or substances and so constructed as to allow
opening for inspection by the department. Wells that are part
of a groundwater thermal exchange system shall serve no other
function, except that water may be supplied to the domestic
water system if the supply is taken off the thermal exchange
system ahead of the heat exchange unit, and if the water
discharges to a break tank through an air gap that is at least
twice the effective diameter of the water outlet from the tank.
A groundwater thermal exchange system may be used for domestic
water heating only if the water heating device is an integral
part of the heat exchange unit that is used for space heating
and cooling. As a condition of the permit, an applicant shall
agree to allow inspection by the department during regular
working hours for department inspectors. A maximum of 200
permits shall be issued for small systems having maximum
capacities of 20 gallons per minute or less, which shall be
subject to inspection twice annually. A maximum of ten permits
shall be issued for larger systems having maximum capacities
from 20 to 50 gallons per minute, which shall be subject to
inspection four times per year. The department may by rule
provide for administration of this section.
Sec. 140. Minnesota Statutes 1982, section 161.465, is
amended to read:
161.465 [REIMBURSEMENT FOR FIRE SERVICES.]
Ordinary expenses incurred by a municipal or volunteer fire
department in extinguishing a grass fire within the right-of-way
of a trunk highway must be reimbursed upon certification to the
commissioner of public safety from the trunk highway fund. In
addition, ordinary expenses incurred by a municipal or volunteer
fire department in extinguishing a fire outside the right-of-way
of any trunk highway if the fire originated within the
right-of-way, upon approval of a police officer or an officer or
employee of the department of public safety shall must, upon
certification to the commissioner of public safety by the proper
official of the municipality or fire department within 60 days
after the completion of the service, be reimbursed to the
municipality or fire department from funds in the trunk highway
fund. The commissioner of public safety shall take whatever
action practicable to secure reimbursement to the trunk highway
fund of moneys money expended pursuant to under this section
from the person, firm, or corporation responsible for the fire
or danger thereof of fire.
The provisions of this section shall not be construed to
admit any state liability for damage or destruction to private
property or for injury to persons resulting from a fire that
originates originating within a trunk highway right-of-way.
Sec. 141. Minnesota Statutes 1982, section 167.50,
subdivision 2, as amended by Laws 1983, chapter 17, section 4,
is amended to read:
Subd. 2. The bonds shall be issued and sold upon sealed
bids after two weeks' published notice. They shall mature
serially over a term not exceeding 20 years from their
respective dates of issue and shall not be sold for less than
par and accrued interest. Subject to the foregoing limitations,
and subject to any other limitations stated in the acts
authorizing the bonds and appropriating the proceeds thereof,
but not subject to the provisions of sections 14.02, 14.04 to
14.36, 14.38, 14.44 to 14.45, and 14.57 to 14.62, The bonds
shall be issued and sold in the number of series, at the times
and prices (not less than par and accrued interest), in the form
and denominations, bearing interest at the rate or rates,
maturing on dates, either with or without option of prior
redemption or subject to prepayment upon notice and at the
specified times and prices, payable at the a bank or banks,
within or without the state, with provisions for registration,
conversion, and exchange and for the issuance of temporary bonds
or notes in anticipation of the sale and delivery of definitive
bonds, and in accordance with such further regulations
provisions, as the commissioner of finance may determine. The
bonds, subject to the approval of the attorney general (but not
subject to the provisions of sections 14.02, 14.04 to 14.36,
14.38, 14.44 to 14.45, and 14.57 to 14.62). Each bond shall
mature within 20 years from its date of issue and shall be
executed by the commissioner of finance and attested by the
state treasurer under their official seals. The signature of
one signatures of these officers on the face of and any interest
coupons appurtenant to any bond, and their seals, and the
signatures of both officers on the interest coupons appurtenant
to any bond, may be printed, lithographed, stamped, or engraved,
or otherwise reproduced thereon, provided that the signature of
one of the officers, or of an authorized representative of a
corporate registrar or other agent designated by the
commissioner of finance to authenticate the bonds, shall be
manually subscribed on the face of each bond.
Sec. 142. Minnesota Statutes 1982, section 169.123,
subdivision 6, is amended to read:
Subd. 6. [HEARING.] A hearing under this section shall be
before a municipal or county judge, in any county in the
judicial district where the alleged offense occurred. The
hearing shall be to the court and may be conducted at the same
time and in the same manner as hearings upon pre-trial motions
in the criminal prosecution under section 169.121, if any. The
hearing shall be recorded. The commissioner of public safety
may shall appear through his own attorney or, by agreement with
the jurisdiction involved, and be represented by the attorney
general or through the prosecuting authority for that the
jurisdiction involved.
The hearing shall be held at the earliest practicable date,
and in any event no later than 60 days following the filing of
the petition for review. The judicial district administrator
shall establish procedures to ensure efficient compliance with
the provisions of this subdivision. To accomplish this, the
administrator may, whenever possible, consolidate and transfer
review hearings among the county courts within the judicial
district.
The scope of the hearing shall be limited to the issues of:
(1) whether the peace officer had reasonable and probable
grounds to believe the person was driving, operating, or in
physical control of a motor vehicle while under the influence of
alcohol or a controlled substance, and whether the person was
lawfully placed under arrest for violation of section 169.121,
or the person was involved in a motor vehicle accident or
collision resulting in property damage, personal injury or
death, or the person refused to take a screening test provided
for by section 169.121, subdivision 6, or the screening test was
administered and recorded an alcohol concentration of 0.10 or
more; and
(2) whether at the time of the request for the test the
peace officer informed the person of his rights and the
consequences of taking or refusing the test as required by
subdivision 2; and
(3) either (a) whether the person refused to permit the
test, or (b) whether a test was taken and the test results
indicated an alcohol concentration of 0.10 or more at the time
of testing, and whether the testing method used was valid and
reliable, and whether the test results were accurately evaluated.
It shall be an affirmative defense for the petitioner to
prove that, at the time of the refusal, his refusal to permit
the test was based upon reasonable grounds.
Certified or otherwise authenticated copies of laboratory
or medical personnel reports, records, documents, licenses and
certificates shall be admissible as substantive evidence.
The court shall order either that the revocation be
rescinded or sustained and forward the order to the commissioner
of public safety. The court shall file its order within 14 days
following the hearing. If the revocation is sustained, the
court shall also forward the person's driver's license or permit
to the commissioner of public safety for his further action if
the license or permit is not already in the commissioner's
possession.
Sec. 143. Minnesota Statutes 1982, section 174.51,
subdivision 2, is amended to read:
Subd. 2. The bonds shall be sold upon sealed bids and upon
notice, at a price, in form and denominations, bearing interest
at a rate or rates, maturing in amounts and on dates, without
option of prior redemption or subject to prepayment upon notice
and at times and prices, payable at a bank or banks within or
outside the state, with or without provisions for registration,
conversion, exchange, and issuance of temporary bonds or notes
in anticipation of the sale or delivery of definitive bonds, and
in accordance with further regulations provisions, as the
commissioner of finance shall determine subject to the approval
of the attorney general, but not subject to the provisions of
sections 14.02, 14.04 to 14.36, 14.38, 14.44 to 14.45, and 14.57
to 14.62. The bonds Each bond shall mature within 20 years from
its date of issue and shall be executed by the commissioner of
finance and attested by the state treasurer under their official
seals. The signatures on the bonds and on any interest coupons
and the seals may be printed or otherwise reproduced, except
that each bond shall be authenticated by the manual signature on
its face of one of the officers or of a person authorized to
sign on behalf of a bank designated by them the commissioner of
finance as registrar or other authenticating agent. The
commissioner of finance shall ascertain and certify to the
purchasers of the bonds the performance and existence of all
acts, conditions, and things necessary to make them valid and
binding general obligations of the state of Minnesota, subject
to the approval of the attorney general.
Sec. 144. Minnesota Statutes 1982, section 174.51,
subdivision 3, is amended to read:
Subd. 3. All expenses incidental to the sale, printing,
execution, and delivery of bonds pursuant to this section,
including but not limited to actual and necessary travel and
subsistence expenses of state officers and employees for such
purposes, shall be paid from the Minnesota state transportation
fund and the amounts necessary therefor are appropriated from
that fund; provided that if any amount is specifically
appropriated for this purpose in an act authorizing the issuance
of bonds pursuant to this section, such expenses shall be
limited to appropriated.
Sec. 145. Minnesota Statutes 1982, section 175A.05, is
amended to read:
175A.05 [QUORUM.]
A majority of the judges of the workers' compensation court
of appeals shall constitute a quorum for the exercise of the
powers conferred and the duties imposed on the workers'
compensation court of appeals and except that all appeals shall
be heard by at least no more than three of the five judges
unless the appeal is determined to be of exceptional importance
by a four-fifths vote of the judges. A vacancy shall not impair
the ability of the remaining judges of the workers' compensation
court of appeals to exercise all the powers and perform all of
the duties of the workers' compensation court of appeals.
Sec. 146. Minnesota Statutes 1982, section 148.56, is
amended to read:
148.56 [OPTOMETRISTS.]
Subdivision 1. [OPTOMETRY DEFINED.] Any person shall be
deemed to be practicing optometry within the meaning of sections
148.52 to 148.62 who shall display a sign, such as an eye, a
pair of eyes, a pair of glasses or spectacles, or who shall in
any way advertise himself as an optometrist, or who shall employ
any means for the measurement of the powers of vision or the
adaptation of lenses or prisms for the aid thereof, or have in
his possession testing appliances for the purpose of the
measurement of the powers of vision, or diagnose any optical
deficiency or deformity, visual or muscular anomaly of the human
eye, or prescribe lenses, prisms, or ocular exercises for the
correction or the relief of same, or who holds himself out as
being able to do so.
Subd. 2. [UNLAWFUL PRACTICES.] It shall be unlawful for
any person who is not licensed as an optometrist in this state
to fit, sell, or dispose of, or to take, receive, or solicit any
order for the fitting, sale, or disposition of, any spectacles,
eye glasses, or lenses for the correction of vision in any place
within the state other than an established place of business
wherein such spectacles, eye glasses, or lenses are commonly
sold and dealt in; and it shall be unlawful for any person, not
licensed as an optometrist thereunder, to sell or dispose of, at
retail, any spectacles, eye glasses, or lenses for the
correction of vision in any established place of business or
elsewhere in this state except under the supervision, direction,
and authority of a duly licensed optometrist holding a
certificate under sections 148.52 to 148.62, who shall be in
charge of and in personal attendance at the booth, counter, or
place where such articles are sold or disposed of.
Subd. 3. [UNREGULATED SALES.] Nothing in sections 148.52
to 148.62 shall be construed to apply to the sale of toy
glasses, goggles consisting of plano-white or plano-colored
lenses or ordinary colored glasses or to the replacement of
duplications of broken lenses, nor to sales upon prescription
from persons legally authorized by the laws of this state to
examine eyes and prescribe glasses therefor, nor shall it apply
to regularly licensed physicians and surgeons. Sections 148.52
to 148.62 also do not apply to the sale of spectacles, used for
reading or fishing, and containing only simple lenses having a
plus power of up to and including 3.25, at an established place
of business that sells prescription eyewear, without advertising
other than price marking on the spectacles, if no attempt is
made to test the eyes. The term "simple lenses" does not
include bifocals.
Subd. 4. [LICENSE REQUIRED.] It shall be unlawful for any
person to engage in the practice of optometry without first
procuring and filing for record a certificate of registration as
a licensed optometrist pursuant to this section.
Sec. 147. Minnesota Statutes 1982, section 176.183,
subdivision 2, is amended to read:
Subd. 2. The commissioner of labor and industry, in
accordance with the terms of the order awarding compensation,
shall pay compensation to the employee or his dependent from the
special compensation fund. The commissioner of labor and
industry shall certify to the commissioner of finance and to the
legislature annually the total amount of compensation paid from
the special compensation fund under subdivisions 1 and 1a. The
commissioner of finance shall upon proper certification
reimburse the special compensation fund from the general fund
the total amount certified as paid under this section
appropriation provided for this purpose. The amount reimbursed
shall be limited to the certified amount paid under this section
or the appropriation made for this purpose, whichever is the
lesser amount. Compensation paid under this section which is
not reimbursed by the general fund shall remain a liability of
the special compensation fund and shall be financed by the
percentage assessed under section 176.131, subdivision 10.
Sec. 148. Minnesota Statutes 1982, section 176.421,
subdivision 1, is amended to read:
Subdivision 1. [TIME FOR TAKING; GROUNDS.] When a petition
has been heard before a compensation judge, within 30 days after
a party in interest has been served with notice of an award or
disallowance of compensation, or other order affecting the
merits of the case, he may appeal to the workers' compensation
court of appeals on any of the following grounds:
(1) the order does not conform with this chapter; or
(2) the compensation judge committed an error of law; or
(3) the findings of fact and order were unwarranted by the
evidence unsupported by substantial evidence in view of the
entire record as submitted; or
(4) the findings of fact and order were procured by fraud,
or coercion, or other improper conduct of a party in interest.
Sec. 149. Minnesota Statutes 1982, section 176.421,
subdivision 3, is amended to read:
Subd. 3. [NOTICE OF APPEAL.] The appellant or his attorney
shall prepare and sign a written notice of appeal specifying:
(1) the order appealed from;
(2) that appellant appeals from the order to the workers'
compensation court of appeals;
(3) the particular finding of fact or conclusion of law
which he claims was unwarranted by the evidence unsupported by
substantial evidence in view of the entire record as submitted
or procured by fraud, coercion, or other improper conduct;
(4) the testimony or other part of the record of the
hearing necessary to be transcribed in order for the court of
appeals to consider the appeal; and,
(5) any other ground upon which the appeal is taken.
Sec. 150. Minnesota Statutes 1982, section 176.421,
subdivision 6, is amended to read:
Subd. 6. [POWERS OF WORKERS' COMPENSATION COURT OF APPEALS
ON APPEAL.] On an appeal taken under this section, the workers'
compensation court of appeals may:
(1) disregard the findings of fact which the compensation
judge has made;
(2) (1) examine the record;
(3) (2) substitute for the findings of fact made by the
compensation judge such findings as the total evidence requires;
and,
(4) (3) make an award or disallowance of compensation or
other order as the facts and findings require.
Sec. 151. Minnesota Statutes 1982, section 176.441,
subdivision 1, is amended to read:
Subdivision 1. [DISPOSITION BY WORKERS' COMPENSATION COURT
OF APPEALS.] Where an appeal has been taken to the workers'
compensation court of appeals under this chapter, on either the
ground that the findings or order or both were unwarranted by
the evidence unsupported by substantial evidence in view of the
entire record as submitted, or were procured by fraud, coercion,
or other improper conduct of a party, the workers' compensation
court of appeals may:
(1) grant a hearing based on the record before the
compensation judge; or,
(2) remand the petition for a de novo hearing or a
rehearing and notify the chief hearing examiner, who shall
assign the de novo hearing or the rehearing before a
compensation judge; or,
(3) sustain, reverse, or modify the order appealed from.
Sec. 152. Minnesota Statutes 1982, section 176.471,
subdivision 1, is amended to read:
Subdivision 1. [TIME FOR SEEKING REVIEW; GROUNDS.] Where
the workers' compensation court of appeals has made an award or
disallowance of compensation or other order, if a party in
interest acts within 30 days from the date he was served with
notice of the order, he may have the order reviewed by the
supreme court on certiorari upon one of the following grounds:
(1) the order does not conform with this chapter; or,
(2) the workers' compensation court of appeals committed
any other error of law; or,
(3) the findings of fact and order were unwarranted by the
evidence unsupported by substantial evidence in view of the
entire record as submitted.
Sec. 153. Minnesota Statutes 1982, section 179.7411, is
amended to read:
179.7411 [LIMITATION ON THE CONTRACTING-OUT OF SERVICES
PROVIDED BY MEMBERS OF A STATE OF MINNESOTA OR UNIVERSITY OF
MINNESOTA BARGAINING UNIT.]
Any contract entered into after March 23, 1982 by the state
of Minnesota or the University of Minnesota involving services,
any part of which, in the absence of the contract, would be
performed by members of a unit provided in section 179.741,
subdivision 1 or 3, shall be subject to section 16.07 and shall
provide for the preferential employment by such a party of
members of that unit whose employment with the state of
Minnesota or the University of Minnesota is terminated as a
result of that contract.
Contracts entered into by the state of Minnesota for the
purpose of providing court reporter services or transcription of
the record of a hearing which was recorded by means of an audio
magnetic recording device shall be subject to section 16.098 and
the preferential employment provisions enumerated in this
section. Any court reporter seeking a contract pursuant to the
preferential employment provisions of this section shall be
given preference when the services are needed only if that court
reporter's charges for the services requested are no greater
than the average of the charges made for the identical services
by other court reporters in the same locality who are also under
contract with the state for those services.
Sec. 154. Minnesota Statutes 1982, section 181A.12,
subdivision 1, is amended to read:
Subdivision 1. [FINES; PENALTY.] Any employer who hinders
or delays the department or its authorized representative in the
performance of its duties under sections 181A.01 to 181A.12 or
refuses to admit the commissioner or his authorized
representative to any place of employment or refuses to make
certificates or lists available as required by sections 181A.01
to 181A.12, or otherwise violates any provisions of sections
181A.01 to 181A.12 or any regulations rules issued pursuant
thereto shall, upon conviction therefor, be guilty of a gross
misdemeanor be assessed a fine to be paid to the commissioner
for deposit in the general fund. The fine may be recovered in a
civil action in the name of the department brought in the
district court of the county where the violation is alleged to
have occurred or the district court where the commissioner has
an office. Fines are in the amounts as follows:
(a) employment of minors under the age of 14 $ 50
(b) employment of minors under the age of 16
during school hours while school is in session 50
(c) employment of minors under the age of 16
before 7:00 a.m. 50
(d) employment of minors under the age of 16
after 9:30 p.m. 50
(e) employment of minors under the age of 16
over eight hours a day 50
(f) employment of minors under the age of 16
over 40 hours a week 50
(g) employment of minors under the age of 18
in hazardous occupations 100
(h) employment of minors under the age of 16
in hazardous occupations 100
(i) minors under the age of 18 injured in
hazardous employment 500
(j) minors employed without proof of age
(each employee) 5
An employer who engages in a consistent and repeated
pattern of violations of sections 181A.01 to 181A.12 is guilty
of a gross misdemeanor.
Sec. 155. Minnesota Statutes 1982, section 183.375,
subdivision 5, is amended to read:
Subd. 5. [FEES.] All fees collected by the division of
boiler inspection shall be paid into the state treasury in the
manner provided by law for fees received by other state
departments and credited to the general fund. When fees are to
be set by the commissioner, they shall be set pursuant to
section 16A.128.
Sec. 156. Minnesota Statutes 1982, section 183.411,
subdivision 3, is amended to read:
Subd. 3. [LICENSES.] A license to operate steam farm
traction engines, portable and stationary show engines and
portable and stationary show boilers shall be issued to an
applicant who:
(a) is 18 years of age or older;
(b) has two licensed second class, grade A engineers or
steam traction engineers, or any combination thereof, cosign his
application; attesting to his competence in operating said
devices;
(c) passes a written test for competence in operating said
devices; and
(d) pays the required fee.
A license shall be valid for the lifetime of the licensee.
A one time fee of $20 set by the commissioner pursuant to
section 16A.128, shall be charged for the license.
Sec. 157. Minnesota Statutes 1982, section 183.545, is
amended to read:
183.545 [FEES FOR INSPECTION.]
Subdivision 1. [FEE AMOUNT; VESSELS.] The fees for the
inspection of the hull, boiler, machinery, and equipments of
vessels are to be set by the commissioner pursuant to section
16A.128, for vessels of 50 tons burden or over, $30. and vessels
of less than 50 tons burden, $15.
Subd. 2. [FEE AMOUNTS; MASTERS AND PILOTS.] The
commissioner shall, pursuant to section 16A.128, set the fee for
an examination of an applicant for a master's or pilot's license
is $10. The fee, for an annual renewal of a master's or a
pilot's license is $6 or $8, and for an annual renewal if paid
later than 10 ten days after expiration.
Subd. 3. [INSPECTION FEES.] The fees for the annual
inspection of boilers and biennial inspection of pressure
vessels are to be set by the commissioner pursuant to section
16A.128, for:
(a) boiler inaccessible for internal inspection, $15;
(b) boiler accessible for internal inspection, $20;
(c) boiler internal inspection over 2,000 square feet
heating surface, $30;
(d) boiler internal inspection over 4,000 square feet
heating surface, $40;
(e) boiler internal inspection over 10,000 square feet
heating surface, $60;
(f) boiler accessible for internal inspection requiring
one-half day or more of inspection time shall be billed at the
established shop inspection fee rate.;
(g) pressure vessel for internal inspection via manhole,
$15; and
(h) pressure vessel inaccessible for internal inspection,
$10.
An additional fee based on the scale of fees applicable to
an inspection shall be charged when it is necessary to make a
special trip for a hydrostatic test of a boiler or pressure
vessel.
The commissioner shall, pursuant to section 16A.128, set
shop inspection fees shall be charged as follows for full day
$190 plus $35 per hour over eight hours, one-half day $100, two
hours or less $50, plus mileage and reasonable expenses.
Inspection time includes all time related to the shop inspection.
Subd. 4. [APPLICANTS FEES.] The commissioner shall,
pursuant to section 16A.128, set the fee for an examination of
an applicant for an engineer's license is the following licenses:
(a) chief engineer's license, ................. $20;
(b) first class engineer's license, ........... $15;
(c) second class engineer's license, .......... $13; and
(d) special engineer's license, ............... $ 8.
If an applicant, after an examination, is entitled to
receive a license, it shall be issued without the payment of any
additional charge. Any license so issued expires one year after
the date of its issuance. An engineer's license may be renewed
upon application therefor and the payment of an annual renewal
fee as follows: set by the commissioner pursuant to section
16A.128.
Chief engineer's license renewal ............. $10
First class engineer's license renewal ....... $10
Second class engineer's license renewal ...... $ 8
Special engineer's license renewal ........... $ 6
The fee is payable at the time of application, which shall
be made not later than ten days after the date of expiration of
such license. If application is made more than ten days after
the date of expiration of such license, an expired fee shall be
paid instead of the renewal fee prescribed above; the expired
fees are: shall be set by the commissioner pursuant to section
16A.128.
Chief engineer ............................... $15
First class engineer ......................... $12
Second class engineer ........................ $10
Special engineer ............................. $ 8
Subd. 5. [FEE FORFEITURE.] Where an applicant for an
engineer's license has paid the fees provided by subdivision 4,
and thereafter fails to take an examination or furnish a proper
affidavit, within a period of one year, said application fee
shall be forfeited to the state of Minnesota.
Subd. 6. [NATIONAL BOARD INSPECTORS.] The fee for an
examination of an applicant for a national board of boiler and
pressure vessels inspectors commission is $25 shall be set by
the commissioner pursuant to section 16A.128.
Subd. 7. [NUCLEAR ENDORSEMENT.] The fee for each
examination of an applicant for a national board of boiler and
pressure vessels commissioned inspectors nuclear endorsement is
$10 shall be set by the commissioner pursuant to section 16A.128.
Subd. 8. [CERTIFICATE OF COMPETENCY.] The fee for issuance
of the original state of Minnesota certificate of competency for
inspectors is $10 shall be set by the commissioner pursuant to
section 16A.128. This fee is waived for inspectors who paid the
examination fee of $25. The fee for an annual renewal of the
state of Minnesota certificate of competency is $5 shall be set
by the commissioner pursuant to section 16A.128, and is due
January 1 of each year.
Sec. 158. Minnesota Statutes 1982, section 183.57,
subdivision 2, is amended to read:
Subd. 2. Every boiler or pressure vessel as to which any
insurance company authorized to do business in this state has
issued a policy of insurance, after the inspection thereof, is
exempt from inspection made under sections 183.375 to 183.62,
while the same continues to be insured and the person, firm, or
corporation owning or operating the same has an unexpired
certificate of exemption from inspection, issued by the chief
boiler inspector. The fee of $10 set by the commissioner
pursuant to section 16A.128, on the first object inspected and
$5 on each object thereafter shall apply to each exempt object.
A certificate of exemption expires one year from date of issue.
The certificate of exemption shall be posted in a conspicuous
place near the boiler or pressure vessel or in the plant office
or boiler room described therein and to which it relates. Every
insurance company shall give written notice to the chief boiler
inspector of the cancellation or expiration of every policy of
insurance issued by it with reference to policies in this state,
and the cause or reason for the cancellation or expiration.
These notices of cancellation or expiration shall show the date
of the policy and the date when the cancellation has or will
become effective.
Sec. 159. Minnesota Statutes 1982, section 190.05,
subdivision 5, as amended by 1983 H.F. No. 859, section 3, is
amended to read:
Subd. 5. [ACTIVE SERVICE.] "Active service" means either
state active service, federally funded state active service, or
federal active service.
Sec. 160. Minnesota Statutes 1982, section 190.05,
subdivision 5a, as amended by 1983 H.F. No. 859, section 4, is
amended to read:
Subd. 5a. [STATE ACTIVE SERVICE.] "State active service"
excludes federal active service and federally funded state
active service and includes service or duty:
(1) on behalf of the state in case of actual or threatened
public disaster, war, riot, tumult, breach of the peace,
resistance of process, or whenever called upon in aid of state
civil authority;
(2) at encampments ordered by state authority;
(3) otherwise ordered or requested by state authority and
requiring the time of the organization or person; or
(4) travel to or from service or duty under clause (1),
(2), or (3).
Sec. 161. Minnesota Statutes 1982, section 190.05,
subdivision 5b, as amended by 1983 H.F. No. 859, section 5, is
amended to read:
Subd. 5b. [FEDERALLY FUNDED STATE ACTIVE SERVICE.]
"Federally funded state active service" means service or duty
under United States Code, title 32, as amended through December
31, 1983, and travel to or from that service or duty.
Subd. 5c. [FEDERAL ACTIVE SERVICE.] "Federal active
service" excludes federally funded state active service and
means service or duty under United States Code, title 10 or 32,
as amended through December 31, 1983, other service or duty as
may be required by the law, regulation, or order of the United
States government, and travel to or from that service or duty.
Sec. 162. Minnesota Statutes 1982, section 204B.32, is
amended to read:
204B.32 [ELECTION EXPENSES; PAYMENT.]
The secretary of state shall pay the compensation for
presidential electors, the cost of printing the white ballots,
special federal white ballots, and the pink paper ballots, and
all necessary expenses incurred by the secretary of state in
connection with elections. The counties shall pay the
compensation prescribed in section 204B.31, clauses (b) and (c),
the cost of printing the canary ballots, the white ballots, the
pink ballots when machines are used, the state partisan primary
ballots, and the state and county nonpartisan primary ballots,
all necessary expenses incurred by county auditors in connection
with elections, and the expenses of special county elections.
The municipalities shall pay the compensation prescribed for
election judges and sergeants at arms, the cost of printing the
municipal ballots, providing ballot boxes, providing and
equipping polling places and all necessary expenses of the
municipal clerks in connection with elections, except special
county elections. All disbursements under this section shall be
presented, audited, and paid as in the case of other public
expenses.
Sec. 163. Minnesota Statutes 1982, section 204D.11,
subdivision 1, is amended to read:
Subdivision 1. [WHITE BALLOT; RULES; REIMBURSEMENT.] The
names of the candidates for all partisan offices voted on at the
state general election and candidates for the office of justice
and chief justice of the supreme court shall be placed on a
single ballot printed on white paper which shall be known as the
"white ballot." This ballot shall be prepared by the county
auditor subject to the rules of the secretary of state. The
state shall reimburse the counties for contribute to the cost of
preparing the white ballot and the envelopes required for the
returns of that ballot. The secretary of state shall adopt
rules for preparation and time of delivery of the white ballot
and for reimbursement of the counties' costs establishing a
basis for distributing to the counties the money appropriated by
the state for white ballot costs.
Sec. 164. Minnesota Statutes 1982, section 206.09, is
amended to read:
206.09 [BALLOT LABELS; DIAGRAMS FOR VOTING MACHINES.]
The same authorities as are charged with providing paper
ballots when such are used shall be required to provide all
ballots, ballot labels and ballot cards, diagrams, sample
ballots, return sheets and all other necessary supplies needed
for the voting machines or electronic voting systems.
In state and county general elections the county auditor of
each county in which voting machines or electronic voting
systems are used shall provide all ballots, ballot labels,
ballot cards, and other necessary printed forms and supplies
needed for the voting machines, including all such forms needed
for placing on such voting machines, all officers, candidates
and constitutional amendments and other questions and
propositions, the ballots for which are required by the election
laws to be provided by the state when paper ballots are used
placed on the white, pink, and canary ballots. The total cost
of printing and providing all such forms shall be prorated by
each county auditor so that the state and county will pay each
its proportionate share based on the total number of candidates
and questions under the jurisdiction of each. The state shall
pay to the county its proportionate share of such cost as herein
provided, all provisions of the statutes of this state
notwithstanding.
Except as herein provided all ballots (or ballot labels)
shall be printed in black ink on clear white material of such
size as will fit the ballot frame of the voting machine or as
will conform to the requirements of electronic voting systems
where used, and in as plain clear type as the space will
reasonably permit. In primaries where electronic voting systems
are used, the ballot pages for the partisan primary ballots may
be different colors or may be otherwise distinctively
differentiated as between parties and all pages of the partisan
primary ballot of a single party shall be consecutive without
the intervention of any pages of any other party. In a
prominent place on such ballots there shall be conspicuously
printed a notice stating in substance the effect of attempting
to vote in more than one partisan primary. Preparation of
separate ballots for use on separate marking devices, each
ballot containing the partisan primary ballot of only one party,
shall also be permitted. Candidates' names may be set in as
large type as the length of the majority of such names of all
candidates on the ballot permits and the remaining candidates'
names may be set in such smaller sizes or styles of type as the
length of each such name requires based upon the available space
in the frame of the voting machine or upon the space available
on any card, paper, booklet, or pages. Ballots (or ballot
labels) for constitutional amendments or that portion of the
ballot containing constitutional amendments shall be printed on
material tinted pink. In a prominent place on such ballots,
there shall be conspicuously printed a notice stating in
substance that if a voter fails to vote on a constitutional
amendment he votes, in effect, in the negative. Ballots (or
ballot labels) for other questions shall be printed on material
so tinted as to conform with the laws relating to paper ballots.
The authorities charged with the duty of providing ballots
for any polling place where voting machines are used shall
provide therefor at least two sample ballots which shall be
arranged in the form of a diagram showing such part of the face
of the voting machine as shall be in use at that election for
voting for all candidates whose names are entitled to be placed
on the ballot at such election and shall also show such part of
the face of the voting machine as shall be in use for voting for
all referendum questions, constitutional amendments, or other
propositions; the proper authorities shall provide at least two
sample ballots, ballot cards, or ballot labels which shall be
arranged in the form of a diagram showing the ballot label
containing the names of all candidates and propositions to be
voted upon at that election in each polling place. Candidates'
names shall not be rotated on such sample ballots but shall be
arranged in alphabetical order for all offices where rotation of
names on the official ballots on the voting machines is required
by law. Such sample ballots shall be either in full or reduced
size and shall contain suitable illustrated directions for
voting on the voting machine, or for operating a marking device,
or such illustrated instructions shall be provided on a separate
poster, to be posted adjacent to each sample ballot. Not less
than two such sample ballots shall be posted in a prominent
place in the polling place and shall remain open to inspection
by the voters throughout the election day.
The county auditor may use a one inch or more space between
partisan and nonpartisan ballots, but in all cases a canary
yellow color shall be used as background color on the
nonpartisan ballots.
Sec. 165. Minnesota Statutes 1982, section 214.06,
subdivision 1, is amended to read:
Subdivision 1. Notwithstanding any law to the contrary,
the commissioner of health as authorized by section 214.13, all
health related licensing boards and all nonhealth related
licensing boards shall by rule, with the approval of the
commissioner of finance, adjust any fee which the board is
empowered to assess a sufficient amount so that the total fees
collected by each board will as closely as possible equal
anticipated expenditures during the fiscal biennium, including
the portion of the general support costs and statewide indirect
costs of the department providing administrative support
services to the board that is attributable to the board.
Examination fees, if any, shall be set by rule so that the total
amount of annual examination fee income approximately meets the
anticipated cost of administering the examinations during the
fiscal biennium. Fee adjustments authorized under this
subdivision may be made without a public hearing when the total
fees estimated to be received during the biennium will not
exceed 110 percent of the sum of all direct appropriations,
transfers in, and salary supplements to the board for the
biennium as provided in section 16A.128. All fees received
shall be deposited with the state treasurer and credited to the
general fund.
Sec. 166. Minnesota Statutes 1982, section 216B.164,
subdivision 2, is amended to read:
Subd. 2. [APPLICABILITY.] This section as well as any
rules promulgated by the commission pursuant to implement this
section or the public utility regulatory policies act of 1978,
Pub.L. 95-617, 92 Stat. 3117, and the federal energy regulatory
commission regulations thereunder, 18 C.F.R. Code of Federal
Regulations, title 18, part 292, shall apply to all Minnesota
electric utilities, including cooperative electric associations
and municipal electric utilities, that become interconnected
with any qualifying facility as defined in 18 C.F.R. Section
292.101(b)(1).
Sec. 167. Minnesota Statutes 1982, section 216B.164,
subdivision 3, is amended to read:
Subd. 3. [PURCHASES; SMALL FACILITIES.] (a) For a
qualifying facilities facility having less than 40 kilowatt
capacity, the customer shall be billed for the net energy
supplied by the utility according to the applicable rate
schedule for sales to that class of customer. In the case of
net input into the utility system by the a qualifying facility
having less than 40 kilowatt capacity, compensation to the
customer shall be at a per kilowatt hour rate set by the
commission determined under paragraph (b) or (c) of this
subdivision.
(b) In setting these rates, the commission shall consider
the fixed distribution costs to the utility not otherwise
accounted for in the basic monthly charge and shall ensure that
the costs charged to the qualifying facility are not
discriminatory in relation to the costs charged to other
customers of the utility. Notwithstanding any other language to
the contrary in this section, The commission shall set the rates
for net input into the utility system based on avoided costs as
defined in 18 C.F.R. the Code of Federal Regulations, title 18,
section 292.101(b)(6), the factors listed in 18 C.F.R. Code of
Federal Regulations, title 18, section 292.304, and all other
relevant factors.
(c) Notwithstanding any provision in this chapter to the
contrary, a qualifying facility having less than 40 kilowatt
capacity may elect that the compensation for net input by the
qualifying facility into the utility system shall be at the
average retail utility energy rate. "Average retail utility
energy rate" is defined as the average of the retail energy
rates, exclusive of special rates based on income, age, or
energy conservation, according to the applicable rate schedule
of the utility for sales to that class of customer.
(d) If the qualifying facility is interconnected with a
nongenerating utility which has a sole source contract with a
municipal power agency or a generation and transmission utility,
the nongenerating utility may elect to treat its purchase of any
net input under this subdivision as being made on behalf of its
supplier and shall be reimbursed by its supplier for any
additional costs incurred in making the purchase. Qualifying
facilities having less than 40 kilowatt capacity may, at the
customer's option, elect to be governed by the provisions of
subdivision 4.
Sec. 168. Minnesota Statutes 1982, section 216B.164,
subdivision 5, is amended to read:
Subd. 5. [DISPUTES.] In the event of disputes between an
electric utility and a qualifying facility, either party may
request a determination of the issue by the commission. In any
such determination, the burden of proof shall be on the utility.
The commission in its order resolving each such dispute shall
require payments to the prevailing party of the prevailing
party's costs, disbursements, and reasonable attorneys' fees,
except that the qualifying facility will be required to pay the
costs, disbursements, and attorneys' fees of the utility only if
the commission finds that the claims of the qualifying facility
in the dispute have been made in bad faith, or are a sham, or
frivolous.
Sec. 169. Minnesota Statutes 1982, section 216B.164,
subdivision 6, is amended to read:
Subd. 6. [RULES AND UNIFORM CONTRACT.] (a) The commission
shall promulgate rules to implement the provisions of this
section. The commission shall also establish a uniform
statewide form of contract for use between utilities and a
qualifying facility having less than 40 kilowatt capacity.
(b) The commission shall require the qualifying facility to
provide the utility with reasonable access to the premises and
equipment of the qualifying facility if the particular
configuration of the qualifying facility precludes disconnection
or testing of the qualifying facility from the utility side of
the interconnection with the utility remaining responsible for
its personnel.
(c) The uniform statewide form of contract shall be applied
to all new and existing interconnections established between a
utility and a qualifying facility having less than 40 kilowatt
capacity, except that existing contracts may remain in force
until written notice of election that the uniform statewide
contract form applies is given by either party to the other,
with the notice being of the shortest time period permitted
under the existing contract for termination of the existing
contract by either party, but not less than ten nor longer than
30 days.
(d) The commission may promulgate temporary rules for the
purpose of implementing this section. The temporary rules are
subject to sections 14.29 to 14.36.
Sec. 170. Minnesota Statutes 1982, section 216B.164,
subdivision 8, is amended to read:
Subd. 8. [CUSTOMER, INTERCONNECTION AND WHEELING CHARGES.]
(a) Utilities shall be required to interconnect with a
qualifying facility that offers to provide available energy or
capacity and that satisfies the requirements of this section.
(b) Nothing contained in this section shall be construed to
excuse the qualifying facility from any obligation for costs of
interconnection and wheeling in excess of those normally
incurred by the utility for customers with similar load
characteristics who are not cogenerators or small power
producers, or from any fixed charges normally assessed such
nongenerating customers.
Sec. 171. Minnesota Statutes 1982, section 216B.164, is
amended by adding a subdivision to read:
Subd. 9. [MUNICIPAL ELECTRIC UTILITIES.] For purposes of
this section only, except subdivisions 5 and 7, and with respect
to municipal electric utilities only, the term "commission"
means the governing body of each municipal electric utility that
adopts and has in effect rules implementing this section which
are consistent with the rules adopted by the Minnesota public
utilities commission under subdivision 6. As used in this
subdivision, the governing body of a municipal electric utility
means the city council of that municipality; except that, if
another board, commission, or body is empowered by law or
resolution of the city council or by its charter to establish
and regulate rates and days for the distribution of electric
energy within the service area of the city, that board,
commission, or body shall be considered the governing body of
the municipal electric utility.
Sec. 172. [216B.242] [INVERTED RATES.]
The commission may initiate a program designed to
demonstrate the effect of inverted rates on promoting
conservation by the residential customers of natural gas
utilities. Any inverted rates ordered by the commission shall
present customers with a tailblock price that, to the maximum
extent practicable, reflects the replacement cost of gas. Total
revenues collected from customers involved in this pilot program
may not exceed those that would be collected under a flat rate.
The commission may order one public gas utility to implement a
pilot program of inverted rates for residential customers and to
monitor the effects of these rates on gas consumption, and on
costs to residential customers. The program shall include a
sufficient number of residential customers to provide
statistically significant conclusions regarding the effects and
costs of inverted rates. The inverted rate schedules and
monitoring plans shall be prepared in consultation with the
commissioner of energy, planning and development.
Sec. 173. Minnesota Statutes 1982, section 216B.44, is
amended to read:
216B.44 [MUNICIPAL SERVICE TERRITORY EXTENSIONS IN ANNEXED
AREAS; MUNICIPAL PURCHASE.]
Notwithstanding the provisions of sections 216B.38 to
216B.42, whenever a municipality which owns and operates an
electric utility (a) extends its corporate boundaries through
annexation or consolidation, or (b) determines to extend its
service territory within its existing corporate boundaries, the
municipality shall thereafter furnish electric service to the
annexed area these areas unless the area is already receiving
electric service from an electric utility, in which event, the
annexing municipality may purchase the facilities of the
electric utility serving the annexed area. The municipality
acquiring the facilities shall pay to the electric utility
formerly serving the annexed area the appropriate value of its
properties within the area which payment may be by exchange of
other electric utility property outside the municipality on an
appropriate basis giving due consideration to revenue from and
value of the respective properties. In the event the
municipality and the electric utility involved are unable to
agree as to the terms of the payment or exchange, the
municipality or the electric utility may file an application
with the commission requesting that the commission determine the
appropriate terms for the exchange or sale. After notice and
hearing, the commission shall determine appropriate terms for an
exchange, or in the event no appropriate properties can be
exchanged, the commission shall fix and determine the
appropriate value of the property within the annexed area, and
the transfer shall be made as directed by the commission. In
making that determination the commission shall consider the
original cost of the property, less depreciation, loss of
revenue to the utility formerly serving the area, expenses
resulting from integration of facilities, and other appropriate
factors. Until the determination by the commission, the
facilities shall remain in place and service to the public shall
be maintained by the owner. However, the electric utility being
displaced, serving the annexed area, shall not extend service to
any additional points of delivery within the annexed area if the
commission, after notice and hearing, with due consideration of
any unnecessary duplication of facilities, shall determine that
the extension is not in the public interest.
When property of a public an electric utility located
within an area annexed to a municipality which owns and operates
a public an electric utility is proposed to be acquired by the
municipality, ratification by the electors is not required.
When property of an electric utility located within the
existing corporate boundaries of a municipality that currently
operates a municipal electric utility is proposed to be included
within the service territory of the municipal electric utility,
ratification by the electors is not required.
Sec. 174. [216B.465] [VOTER RATIFICATION OF MUNICIPAL
PURCHASE, LIMITED APPLICATION.]
The provisions of sections 216B.45 and 216B.46 apply only
to the purchase of public utility property by a municipality
that, prior to the time of the purchase, did not operate a
municipal utility providing the type of utility service
delivered by the utility property being purchased.
In cases where the municipality operates, prior to the
purchase of public utility property, a municipal utility
providing the type of utility service delivered by the utility
property being purchased, the provisions of section 216B.44
apply and voter ratification is not required.
Sec. 175. Minnesota Statutes 1982, section 239.10, is
amended to read:
239.10 [ANNUAL INSPECTION.]
The department shall charge a fee to the owner for the
costs of the regular inspection of scales, weights, measures,
and weighing or measuring devices. The cost of any other
inspection shall be paid by the owner if the inspection is
performed at his request or if the inspection is made at the
request of some other person and the scale, weight, measure, or
weighing or measuring device is found to be incorrect. The
department may fix the fees and expenses for all regular
inspections and special services by rule pursuant to section
16A.128. All moneys collected by the department for its regular
inspections, special services, fees, and penalties shall be paid
into the state treasury and credited to the state general fund.
Sec. 176. [270.067] [TAX EXPENDITURE BUDGET.]
Subdivision 1. [STATEMENT OF PURPOSE.] State governmental
policy objectives are sought to be achieved both by direct
expenditure of governmental funds and by the granting of special
and selective tax relief or tax expenditures. Both direct
expenditures of governmental funds and tax expenditures have an
effect on the ability of the state and local governments to
lower tax rates or to increase expenditures. As a result, tax
expenditures should receive a regular and comprehensive review
by the legislature as to (a) their total cost, (b) their
effectiveness in achieving their objectives, (c) their effect on
the fairness and equity of the distribution of the tax burden,
and (d) the public and private cost of administering tax
expenditure financed programs. This section is intended to
facilitate a regular review of the state and local tax
expenditure budget by the legislature by providing for the
preparation of a regular biennial tax expenditure budget.
Subd. 2. [PREPARATION; SUBMISSION.] The commissioner of
revenue shall prepare a tax expenditure budget for the state.
The tax expenditure budget report shall be submitted to the
legislature as a supplement to the governor's budget and at the
same time as provided for submission of the budget pursuant to
section 16A.11, subdivision 1.
Subd. 3. [PERIOD COVERED.] The report shall include
estimates of annual tax expenditures for, at a minimum, a
three-year period including the two-year period covered in the
governor's budget submitted in the preceding January pursuant to
section 16A.11.
Subd. 4. [CONTENTS.] The report shall detail for each tax
expenditure item the amount of tax revenue foregone, a citation
of the statutory or other legal authority for the expenditure,
and the year in which it was enacted or the tax year in which it
became effective. The report may contain additional information
which the commissioner considers relevant to the legislature's
consideration and review of individual tax expenditure items.
This may include, but is not limited to, statements of the
intended purpose of the tax expenditure, analysis of whether the
expenditure is achieving that objective, and the effect of the
expenditure device on the distribution of the tax burden and
administration of the tax system.
Subd. 5. [REVENUE ESTIMATES; LEGISLATIVE BILLS.] Upon
reasonable notice from the chairman of the house or senate tax
committee that a bill is scheduled for hearing, the commissioner
of revenue shall prepare an estimate of the effect on the
state's tax revenues which would result from the passage of a
legislative bill establishing, extending, or restricting a tax
expenditure. These revenue estimates shall contain the same
information as provided in subdivision 4 for expenditure items
contained in the tax expenditure budget, as appropriate.
Subd. 6. [DEFINITIONS.] For purposes of this section, the
following terms have the meanings given:
(1) "Tax expenditure" means a tax provision which provides
a gross income definition, deduction, exemption, credit, or rate
for certain persons, types of income, transactions, or property
that results in reduced tax revenue.
(2) "Tax" means any tax of statewide application or any tax
authorized by state law to be levied by local governments
generally. It does not include a special local tax levied
pursuant to special law or to a special local tax levied
pursuant to general authority that is no longer applicable to
local governments generally.
Sec. 177. [273.118] [TAX PAID IN RECOGNITION OF
CONGRESSIONAL MEDAL OF HONOR.]
An owner of property classified under section 273.13,
subdivision 6, 6a, 7, 7d, or 14a, who submits to the
commissioner of revenue his property tax statement and
reasonable proof that the owner of the property:
(a) is a veteran as defined in section 197.447;
(b) was a resident of this state for at least six months
before entering military service, or has been a resident of this
state for five consecutive years before submitting the statement
and proof; and
(c) has been awarded the congressional medal of honor;
shall be paid by the commissioner of revenue within 30 days
after the commissioner receives the statement and proof the
amount of the owner's property tax liability as shown on the
statement, up to $2,000. The surviving spouse of a property
owner who has received a payment under this section may receive
payment of property taxes under this section as long as the
spouse continues to own and occupy the property for which the
taxes were paid under this section and the property continues to
have an eligible classification. Property taxes paid under this
section reduce property taxes payable for purposes of chapter
290A, the Property Tax Refund Act.
Sec. 178. Minnesota Statutes 1982, section 290.06,
subdivision 13, is amended to read:
Subd. 13. [GASOLINE AND SPECIAL FUEL TAX REFUND.] Subject
to the provisions of section 296.18, a credit equal to the
amount paid by the taxpayer during the taxable year as excise
tax on gasoline bought and used for any purpose other than use
in motor vehicles or, snowmobiles, or motorboats, or on special
fuel bought and used for any purpose other than use in licensed
motor vehicles may be deducted from any tax due under this
chapter. Any amount by which the credit exceeds the tax due
shall be refunded.
Sec. 179. Minnesota Statutes 1982, section 290.37,
subdivision 1, is amended to read:
Subdivision 1. [PERSONS MAKING RETURNS.] (a) The
commissioner of revenue shall annually determine the gross
income levels at which individuals and estates shall be required
to file a return for each taxable year.
In the case of a decedent who has gross income in excess of
the minimum amount at which an individual is required to file a
return, The decedent's final income tax return, and all other
income tax returns for prior years where the decedent had gross
income in excess of the minimum amount at which an individual is
required to file and did not file, shall be filed by his or her
personal representative, if any. If there is no personal
representative, the return or returns shall be filed by the
successors ( transferees as defined in section 524.1-201)
290.29, subdivision 3, who receive any property of the decedent.
The trustee or other fiduciary of property held in trust
shall file a return with respect to the taxable net income of
such trust if that exceeds an amount on which a tax at the rates
herein provided would exceed the specific credits allowed, or if
the gross income of such trust exceeds $750, if in either case
such trust belongs to the class of taxable persons.
Every corporation shall file a return. The return in this
case shall be signed by an officer of the corporation.
The receivers, trustees in bankruptcy, or assignees
operating the business or property of a taxpayer shall file a
return with respect to the taxable net income of such taxpayer
if that exceeds an amount on which a tax at the rates herein
provided would exceed the specific credits allowed.
(b) Such return shall (1) be verified or contain a written
declaration that it is made under the penalties of criminal
liability for willfully making a false return, and (2) shall
contain a confession of judgment for the amount of the tax shown
due thereon to the extent not timely paid.
(c) For purposes of this subdivision the term "gross income"
shall mean gross income as defined in section 61 of the Internal
Revenue Code of 1954, as amended through December 31, 1981,
modified and adjusted in accordance with the provisions of
sections 290.01, subdivision 20b, clauses (1), (6) and (11),
290.08, and 290.17.
Sec. 180. Minnesota Statutes 1982, section 290.44, is
amended to read:
290.44 [PAYMENT OF TAX, WHO MUST PAY.]
The taxes imposed by this chapter, and interest and
penalties imposed with respect thereto, shall be paid by the
taxpayer upon whom imposed, except in the following cases:
(1) The tax due from a decedent for that part of the
taxable year in which he died during which he was alive and the
taxes, interest, and penalty due for any and all prior years
shall be paid by his personal representative, if any. If there
is no personal representative, the tax taxes, interest, and
penalty shall be paid by the successors (transferees, as defined
in section 524.1-201) 290.29, subdivision 3, to the extent they
receive property from the decedent.
(2) The tax due from an infant or other incompetent person
shall be paid by his guardian or other person authorized or
permitted by law to act for him;
(3) The tax due from the estate of a decedent shall be paid
by the personal representative thereof;
(4) The tax due from a trust, including those within the
definition of corporation, shall be paid by the trustee or
trustees;
(5) The tax due from a taxpayer whose business or property
is in charge of a receiver, trustee in bankruptcy, assignee, or
other conservator, shall be paid by the person in charge of such
business or property so far as the tax is due to the income from
such business or property.
Sec. 181. Minnesota Statutes 1982, section 296.18,
subdivision 1, is amended to read:
Subdivision 1. [GASOLINE OR SPECIAL FUEL USED IN OTHER
THAN MOTOR VEHICLES.] Any person who shall buy and use gasoline
for any purpose other than use in motor vehicles or,
snowmobiles, or motorboats, or special fuel for any purpose
other than use in licensed motor vehicles, and who shall have
paid the excise tax directly or indirectly through the amount of
the tax being included in the price of the gasoline or special
fuel, or otherwise, shall be eligible to receive the credit
provided in section 290.06, subdivision 13, in the amount of the
tax paid by him. The taxpayer claiming this credit shall
include with his income tax return information including the
total amount of the gasoline so purchased and used by him other
than in motor vehicles, or special fuel so purchased and used by
him other than in licensed motor vehicles, and shall state when
and for what purpose it was used. The words "gasoline" or
"special fuel" as used in this subdivision do not include
aviation gasoline or special fuel for aircraft.
Sec. 182. Minnesota Statutes 1982, section 296.421,
subdivision 5, is amended to read:
Subd. 5. [COMPUTATION OF UNREFUNDED TAX.] The amount of
unrefunded tax shall be a sum equal to three-fourths of one
percent of all revenues derived from the excise taxes on
gasoline, except on gasoline used for aviation purposes,
together with interest thereon and penalties for delinquency in
payment, paid or collected pursuant to the provisions of
sections 296.02 to 296.17, from which shall be subtracted the
total amount of money refunded for motor boat use pursuant to
section 296.18. The amount of such tax shall be computed for
each six-month period commencing January 1, 1961, and shall be
paid into the state treasury on November 1 and June 1 following
each six-month period.
Sec. 183. Minnesota Statutes 1982, section 298.22,
subdivision 1, is amended to read:
Subdivision 1. (1) The office of commissioner of iron
range resources and rehabilitation is created. The commissioner
shall be appointed by the governor under the provisions of
section 15.06.
(2) The commissioner may hold such other positions or
appointments as are not incompatible with his duties as
commissioner of iron range resources and rehabilitation. The
commissioner may appoint a deputy commissioner. All expenses of
the commissioner, including the payment of such assistance as
may be necessary, shall be paid out of the amounts appropriated
by section 298.28, subdivision 1. The compensation of the
commissioner shall be set by the governor.
(3) When the commissioner shall determine that distress and
unemployment exists or may exist in the future in any county by
reason of the removal of natural resources or a possibly limited
use thereof in the future and the decrease in employment
resulting therefrom, now or hereafter, he may use such amounts
of the appropriation made to him in section 298.28, subdivision
1 as he may determine to be necessary and proper in the
development of the remaining resources of said county and in the
vocational training and rehabilitation of its residents. For
the purposes of this section, "development of remaining
resources" includes, but is not limited to, the promotion of
tourism.
Sec. 184. Minnesota Statutes 1982, section 309.53,
subdivision 2, is amended to read:
Subd. 2. Such annual report shall include a financial
statement covering the immediately preceding 12 months period of
operation, and shall be executed by any two duly constituted
officers of the charitable organization, who shall acknowledge
that it was executed pursuant to resolution of the board of
directors or trustees, or if there be no such board, then by its
managing group which has approved the content of the annual
report. This annual report shall also include a copy of any tax
return, including amendments, submitted by the charitable
organization to the Internal Revenue Service for the period
covered by the annual report.
A charitable organization which files the annual report
required under this subdivision with the securities and real
estate division is not required to file the tax return with the
commissioner of revenue. An organization which fails to file
the tax return required under this section is subject to the
penalties imposed by the commissioner of revenue as set forth in
section 290.05, subdivisions 4 and 5.
Sec. 185. Minnesota Statutes 1982, section 309.53, is
amended by adding a subdivision to read:
Subd. 3a. The federal tax return may be filed in lieu of
other financial statements if it is prepared in accordance with
generally accepted accounting principles and meets the
requirements for financial statements set forth in subdivisions
2, 3, and 4.
Sec. 186. Minnesota Statutes 1982, section 317.67, is
amended by adding a subdivision to read:
Subd. 3. [FILING FEE.] The secretary of state shall
collect a fee of $25 from each new nonprofit corporation at the
time of incorporation.
Sec. 187. Minnesota Statutes 1982, section 322A.16, is
amended to read:
322A.16 [FILING IN OFFICE OF SECRETARY OF STATE.]
(a) A signed copy of the certificate of limited
partnership, of any certificates of amendment or cancellation or
of any judicial decree of amendment or cancellation shall be
delivered to the secretary of state. A person who executes a
certificate as an agent or fiduciary need not exhibit evidence
of his authority as a prerequisite to filing. Unless the
secretary of state finds that any certificate does not conform
to law, upon receipt of a $10 filing fee he and, in the case of
a certificate of limited partnership, a $50 initial fee, the
secretary shall:
(1) endorse on the original the word "Filed" and the day,
month and year of the filing; and
(2) return the original to the person who filed it or his
representative.
(b) Upon the filing of a certificate of amendment or
judicial decree of amendment in the office of the secretary of
state, the certificate of limited partnership shall be amended
as set forth in the amendment, and upon the effective date of a
certificate of cancellation or a judicial decree of it, the
certificate of limited partnership is canceled.
Sec. 188. Minnesota Statutes 1982, section 322A.71, is
amended to read:
322A.71 [ISSUANCE OF REGISTRATION.]
(a) If the secretary of state finds that an application for
registration conforms to law and a $10 filing fee and a $50
initial registration fee has been paid, he the secretary shall:
(1) endorse on the application the word "Filed," and the
month, day and year of the filing thereof;
(2) file in his office a duplicate original of the
application; and
(3) issue a certificate of registration to transact
business in this state.
(b) The certificate of registration, together with a
duplicate original of the application, shall be returned to the
person who filed the application or his representative.
Sec. 189. Minnesota Statutes 1982, section 331.02, is
amended by adding a subdivision to read:
Subd. 1a. [FEE.] Every newspaper submitting the statement
required by subdivision 1, clause (8) shall remit a $25 filing
fee to the secretary of state at the time of that submission.
Sec. 190. Minnesota Statutes 1982, section 333.055,
subdivision 3, is amended to read:
Subd. 3. The secretary of state shall charge and collect:
(a) For the filing of each certificate or amended
certificate of an assumed name - $12 $15
(b) Certificate renewal fee - $6
Sec. 191. Minnesota Statutes 1982, section 333.20,
subdivision 4, is amended to read:
Subd. 4. The application for registration shall be
accompanied by a filing fee of $18 $25, payable to the secretary
of state; provided, however, that a single credit of $10 shall
be given each applicant applying for re-registration of a mark
hereunder for each $10 filing fee paid by applicant for
registration of the same trademark prior to the effective date
of sections 333.18 to 333.31.
Sec. 192. Minnesota Statutes 1982, section 345.31, is
amended by adding a subdivision to read:
Subd. 3a. [COMMISSIONER.] "Commissioner" means the
commissioner of commerce.
Sec. 193. Minnesota Statutes 1982, section 345.41, is
amended to read:
345.41 [REPORT OF ABANDONED PROPERTY.]
(a) Every person holding funds or other property, tangible
or intangible, presumed abandoned under sections 345.31 to
345.60 shall report annually to the state treasurer commissioner
with respect to the property as hereinafter provided.
(b) The report shall be verified and shall include:
(1) except with respect to traveler's checks and money
orders, the name, if known, and last known address, if any, of
each person appearing from the records of the holder to be the
owner of any property of the value of $10 or more presumed
abandoned under sections 345.31 to 345.60;
(2) in case of unclaimed funds of life insurance
corporations, the full name of the policyholder, insured or
annuitant and his last known address according to the life
insurance corporation's records;
(3) the nature and identifying number, if any, or
description of the property and the amount appearing from the
records to be due, except that items of value under $10 each may
be reported in aggregate;
(4) the date when the property became payable, demandable
or returnable, and the date of the last transaction with the
owner with respect to the property; and
(5) other information which the state treasurer
commissioner prescribes by rule as necessary for the
administration of sections 345.31 to 345.60.
(c) If the person holding property presumed abandoned is a
successor to other persons who previously held the property for
the owner, or if the holder has changed his name while holding
the property, he shall file with his report all prior known
names and addresses of each holder of the property.
(d) The report shall be filed before November 1 of each
year as of June 30 next preceding, but the report of life
insurance corporations shall be filed before May 1 of each year
as of December 31 next preceding. The state treasurer
commissioner may postpone the reporting date upon written
request by any person required to file a report.
(e) If the holder of property presumed abandoned under
sections 345.31 to 345.60 knows the whereabouts of the owner and
if the owner's claim has not been barred by the statute of
limitations, the holder shall, before filing the annual report,
inform the owner of the steps necessary to prevent abandonment
from being presumed.
(f) Verification, if made by a partnership, shall be
executed by a partner; if made by an unincorporated association
or private corporation, by an officer, and if made by a public
corporation, by its chief fiscal officer.
(g) Holders of property described in section 345.32 shall
not impose any charges against property which is described in
section 345.32, clauses (a), (b) or (c).
(h) Any person who has possession of property which he has
reason to believe will be reportable in the future as unclaimed
property may, with the permission of the state treasurer
commissioner, report and deliver such property prior to the date
required for reporting in accordance with this section.
Sec. 194. Minnesota Statutes 1982, section 357.08, is
amended to read:
357.08 [PAID BY APPELLANT IN APPEAL TO SUPREME COURT.]
In lieu of all charges now provided by law as fees of the
clerk of the supreme court, There shall be paid by the
appellant, or moving party or person requiring the service, in
all cases of appeal, certiorari, habeas corpus, mandamus,
injunction, prohibition, or other original proceeding, when
initially filed with the clerk of the appellate courts, the sum
of $20 $50 to the clerk of the appellate courts. In addition,
there shall be paid by the appellant or moving party or person
the sum of $10 to the court or agency whose decision is sought
to be reviewed. No additional filing fee shall be required for
a petition for accelerated review by the supreme court. A
filing fee of $50 shall be paid to the clerk of the appellate
courts upon the filing of a petition for review from a decision
of the court of appeals.
The clerk shall not file any paper, issue any writ or
certificate, or perform any service enumerated herein, until the
payment therefor shall have been made, and when made he shall
pay such sum into the state treasury as provided for by section
15A.01.
The charges provided for herein shall not apply to
disbarment proceedings, nor to an action or proceeding by the
state taken solely in the public interest, where the state is
the appellant or moving party, nor to copies of the opinions of
the court furnished by the clerk to the parties before judgment,
or so furnished to the district judge whose decision is under
review, or to such law library associations in counties having a
population exceeding 50,000, as the court may direct.
Sec. 195. Minnesota Statutes 1982, section 360.302,
subdivision 1, is amended to read:
Subdivision 1. To provide moneys appropriated from time to
time by the legislature for aeronautics purposes in accordance
with the Constitution, article 10, sections 4 and 5, and article
XI, section 5, clause (g), upon request of the commissioner of
transportation, the state auditor commissioner of finance is
directed to issue and sell bonds of the state of Minnesota, not
exceeding the amount required from time to time to meet the
appropriations so made, for the prompt and full payment of
which, with the interest thereon, the full faith, credit, and
taxing powers of the state are hereby irrevocably pledged. Such
bonds shall be known as "Minnesota aeronautics bonds." The
principal amount thereof shall be credited to the state airports
fund created by sections 360.017 and 270.077, together with any
interest received by the state upon investment of such bond
proceeds, but the accrued interest and any premium received upon
sale of the bonds shall be credited to the state bond fund and
except that the principal amount of any bonds authorized to
refund existing obligations shall be credited to the fund or
funds from which those obligations are payable.
Sec. 196. Minnesota Statutes 1982, section 360.302,
subdivision 2, is amended to read:
Subd. 2. Such bonds shall be issued and sold at not less
than par upon sealed bids after two weeks published notice,
unless sold to the state board of investment. They shall be
issued and sold in such number of series the manner, at such
times, in such form and denominations, bearing interest at such
a rate or rates, maturing on such dates and in amounts, either
with or without option of prior redemption or subject to
prepayment upon such notice and at such specified times and
prices, payable at such a bank or banks, within or without the
state, with such provisions, if any, for registration,
conversion, and exchange and for the issuance of temporary bonds
or notes in anticipation of the sale and delivery of definitive
bonds, and in accordance with such further regulations as the
state auditor commissioner of finance may determine, subject to
any limitations stated in the acts authorizing such bonds and
appropriating the proceeds thereof (but not subject to the
provisions of sections 14.02, 14.04 to 14.36, 14.38, 14.44 to
14.45, and 14.57 to 14.62). The bonds shall be executed by the
state auditor commissioner of finance and attested by the state
treasurer under their official seals. The signature of one
signatures of these officers on the face of and the interest
coupons appertaining to any bond, and their seals, and the
signatures of both officers on the interest coupons appurtenant
to any bond, may be printed, lithographed, stamped, or engraved,
or otherwise reproduced thereon, provided that the signature of
one of the officers, or of an authorized representative of a
corporate registrar or other agent designated by the
commissioner of finance to authenticate the bonds, shall be
manually subscribed on the face of each bond.
Sec. 197. Minnesota Statutes 1982, section 360.302,
subdivision 3, is amended to read:
Subd. 3. The auditor commissioner of finance is authorized
and directed to ascertain and certify to purchasers of the bonds
the performance and existence of all acts, conditions, and
things necessary to make them valid and binding general
obligations of the state of Minnesota in accordance with their
terms. Any act authorizing the issuance of bonds pursuant to
this section shall, together with this section, constitute
complete authority for such issue, and such bonds shall not be
subject to the restrictions or limitations contained in any
other law.
Sec. 198. Minnesota Statutes 1982, section 363.02,
subdivision 1, is amended to read:
Subdivision 1. [EMPLOYMENT.] The provisions of section
363.03, subdivision 1, shall not apply to:
(1) The employment of any individual
(a) by his parent, grandparent, spouse, child, or
grandchild, or
(b) in the domestic service of any person;
(2) A religious or fraternal corporation, association, or
society, with respect to qualifications based on religion, when
religion shall be a bona fide occupational qualification for
employment;
(3) The employment of one person in place of another,
standing by itself, shall not be evidence of an unfair
discriminatory practice;
(4) An age restriction applied uniformly and without
exception to all individuals established by a bona fide
apprenticeship program established pursuant to chapter 178,
which limits participation to persons who enter the program
prior to some specified age and the trade involved in the
program predominantly involves heavy physical labor or work on
high structures. After January 1, 1984, these age restrictions
are exempt from the provisions of section 363.03, subdivision 1
only to the extent that they are declared exempt in rules
adopted by the commissioner according to chapter 14. The
commissioner must adopt rules governing this subject before
January 1, 1984, and is authorized to adopt temporary, as well
as permanent rules for this purpose. Neither shall the
operation of a bona fide seniority system which mandates
differences in such things as wages, hiring priorities, lay-off
priorities, vacation credit, and job assignments based on
seniority, be a violation of the age discrimination provisions
of section 363.03, subdivision 1, so long as the operation of
such system is not a subterfuge to evade the provisions of
chapter 363;
(5) With respect to age discrimination, a practice whereby
a labor organization or employer offers or supplies varying
insurance benefits or other fringe benefits to members or
employees of differing ages, so long as the cost to the labor
organization or employer for such benefits is reasonably
equivalent for all members or employees;
(6) A restriction imposed by state statute, home rule
charter, ordinance, or civil service rule, and applied uniformly
and without exception to all individuals, which establishes a
maximum age for entry into employment as a peace officer or
firefighter.
(7) Nothing in this chapter concerning age discrimination
shall be construed to validate or permit age requirements which
have a disproportionate impact on persons of any class otherwise
protected by section 363.03, subdivision 1 or 5.
It is not an unfair employment practice for an employer,
employment agency or labor organization:
(i) to require a person to undergo physical examination for
purpose of determining the person's capability to perform
available employment; or
(ii) to conduct an investigation as to the person's medical
history for the purpose of determining the person's capability
to perform available employment; or
(iii) to limit receipt of benefits payable under a fringe
benefit plan for disabilities to that period of time which a
licensed physician reasonably determines a person is unable to
work; or
(iv) to provide special safety considerations for pregnant
women involved in tasks which are potentially hazardous to the
health of the unborn child, as determined by medical criteria.
Sec. 199. Minnesota Statutes 1982, section 363.06,
subdivision 4, is amended to read:
Subd. 4. [INQUIRY INTO CHARGE.] (1) Consistent with clause
(7), when a charge has been filed, the commissioner shall
promptly inquire into the truth of the allegations of the
charge. The commissioner shall make an immediate inquiry when
necessary to prevent a charging party from suffering irreparable
loss in the absence of immediate action. The commissioner shall
also make an immediate inquiry when it appears that a charge is
frivolous or without merit and shall dismiss those charges. On
all other charges the commissioner shall make a determination
within 12 months after the charge was filed as to whether or not
there is probable cause to credit the allegation of unfair
discriminatory practices, and
(2) If the commissioner determines after investigation that
no probable cause exists to credit the allegations of the unfair
discriminatory practice, the commissioner shall, within ten days
of the determination, serve upon the charging party and
respondent written notice of the determination. Within ten days
after receipt of notice, the charging party may request in
writing on forms prepared by the department that the
commissioner reconsider his determination. The request shall
contain a brief statement of the reasons for and new evidence in
support of the request for reconsideration. At the time of
submission of the request to the commissioner, the charging
party shall deliver or mail to the respondent a copy of the
request for reconsideration. The commissioner shall either
reaffirm or reverse his determination of no probable cause
within 20 days after receipt of the request for reconsideration,
and he shall within ten days notify in writing the charging
party and respondent of his decision to reaffirm or reverse.
A decision by the commissioner that no probable cause
exists to credit the allegations of an unfair discriminatory
practice shall not be appealed to district court pursuant to
section 363.072 or sections 14.63 to 14.68.
(3) If the commissioner determines after investigation that
probable cause exists to credit the allegations of unfair
discriminatory practices, the commissioner shall serve on the
respondent and his attorney if he is represented by counsel, by
first class mail, a notice setting forth a short plain written
statement of the alleged facts which support the finding of
probable cause and an enumeration of the provisions of law
allegedly violated. If the commissioner determines that
attempts to eliminate the alleged unfair practices through
conciliation pursuant to subdivision 5 have been or would be
unsuccessful or unproductive, the commissioner shall issue a
complaint and serve on the respondent, by registered or
certified mail, a written notice of hearing together with a copy
of the complaint, requiring the respondent to answer the
allegations of the complaint at a hearing before a hearing
examiner at a time and place specified in the notice, not less
than ten days after service of said complaint. A copy of the
notice shall be furnished to the charging party and the attorney
general.
(4) If, at any time after the filing of a charge, the
commissioner has reason to believe that a respondent has engaged
in any unfair discriminatory practice, the commissioner may file
a petition in the district court in a county in which the
subject of the complaint occurs, or in a county in which a
respondent resides or transacts business, seeking appropriate
temporary relief against the respondent, pending final
determination of proceedings under this chapter, including an
order or decree restraining him from doing or procuring an act
tending to render ineffectual an order the commissioner may
enter with respect to the complaint. The court shall have power
to grant temporary relief or a restraining order as it deems
just and proper, but no relief or order extending beyond ten
days shall be granted except by consent of the respondent or
after hearing upon notice to the respondent and a finding by the
court that there is reasonable cause to believe that the
respondent has engaged in a discriminatory practice. Except as
modified by this section, the Minnesota rules of civil procedure
shall apply to an application, and the district court shall have
authority to grant or deny the relief sought on conditions as it
deems just and equitable. All hearings under this section shall
be given precedence as nearly as practicable over all other
pending civil actions.
(5) If a lessor, after he has engaged in a discriminatory
practice defined in section 363.03, subdivision 2, clause (1),
(a), leases or rents a dwelling unit to a person who has no
knowledge of the practice or of the existence of a charge with
respect to the practice, the lessor shall be liable for actual
damages sustained by a person by reason of a final order as
provided in this section requiring the person to be evicted from
the dwelling unit.
(6) In any complaint issued under this section, the
commissioner may seek relief for a class of individuals affected
by an unfair discriminatory practice occurring on or after a
date six months prior to the filing of the charge from which the
complaint originates.
(7) The commissioner may adopt policies to determine which
charges are processed and the order in which charges are
processed based on their particular social or legal
significance, administrative convenience, difficulty of
resolution, or other standard consistent with the provisions of
this chapter.
Sec. 200. Minnesota Statutes 1982, section 363.06, is
amended by adding a subdivision to read:
Subd. 4a. [TEMPORARY RULES.] The commissioner may adopt
temporary rules pursuant to chapter 14 to carry out the purposes
of this section. Temporary and permanent rules adopted pursuant
to this subdivision apply to cases pending before the
commissioner on the date of adoption.
Sec. 201. Minnesota Statutes 1982, section 363.071,
subdivision 2, is amended to read:
Subd. 2. [DETERMINATION OF DISCRIMINATORY PRACTICE.] The
hearing examiner shall make findings of fact and conclusions of
law, and if the hearing examiner finds that the respondent has
engaged in an unfair discriminatory practice, the hearing
examiner shall issue an order directing the respondent to cease
and desist from the unfair discriminatory practice found to
exist and to take such affirmative action as in the judgment of
the examiner will effectuate the purposes of this chapter. Such
order shall be a final decision of the department. The examiner
shall order any respondent found to be in violation of any
provision of section 363.03 to pay a civil penalty to the
state. This penalty is in addition to compensatory and punitive
damages to be paid to an aggrieved party. The hearing examiner
shall determine the amount of the civil penalty to be paid,
taking into account the seriousness and extent of the violation,
the public harm occasioned by the violation, whether the
violation was intentional, and the financial resources of the
respondent. Any penalties imposed under this provision shall be
paid into the general fund of the state. In all cases the
examiner may order the respondent to pay an aggrieved party, who
has suffered discrimination, compensatory damages, including
damages for mental anguish or suffering, and, in all cases, may
also order the respondent to pay an aggrieved party, who has
suffered discrimination, punitive damages in an amount not more
than $6,000. Punitive damages shall be awarded pursuant to
section 549.20. In any case where a political subdivision is a
respondent the total of punitive damages awarded an aggrieved
party may not exceed $6,000 and in that case if there are two or
more respondents the punitive damages may be apportioned among
them. Punitive damages may only be assessed against a political
subdivision in its capacity as a corporate entity and no regular
or ex officio member of a governing body of a political
subdivision shall be personally liable for payment of punitive
damages pursuant to this subdivision. In addition to the
aforesaid remedies, in a case involving discrimination in
(a) employment, the examiner may order the hiring,
reinstatement or upgrading of an aggrieved party, who has
suffered discrimination, with or without back pay, admission or
restoration to membership in a labor organization, or his
admission to or participation in an apprenticeship training
program, on-the-job-training program, or other retraining
program, or any other relief the examiner deems just and
equitable.
(b) housing, the examiner may order the sale, lease, or
rental of the housing accommodation or other real property to an
aggrieved party, who has suffered discrimination, or the sale,
lease or rental of a like accommodation or other real property
owned by or under the control of the person against whom the
complaint was filed, according to terms as listed with a real
estate broker, or if no such listing has been made, as otherwise
advertised or offered by the vendor or lessor, or any other
relief the examiner deems just and equitable.
The examiner shall cause the findings of fact, conclusions
of law, and order to be served on the respondent personally, the
charging party by registered or certified mail, and shall
furnish copies to the attorney general and the commissioner.
Sec. 202. Minnesota Statutes 1982, section 453.54, is
amended by adding a subdivision to read:
Subd. 7a. It may invest in various technologies to
minimize long-run costs of providing electrical services to
consumers. These investments include energy conservation
measures and renewable resources.
Sec. 203. Minnesota Statutes 1982, section 462A.02,
subdivision 10, is amended to read:
Subd. 10. It is further declared that supplies of
conventional energy resources are rapidly depleting in quantity
and rising in price and that the burden of these occurrences
falls heavily upon the citizens of Minnesota generally and
persons of low and moderate income in particular. These
conditions are adverse to the health, welfare, and safety of all
of the citizens of this state. It is further declared that it
is a public purpose to ensure the availability of financing to
be used by low and moderate income people all citizens of the
state, while giving preference to low and moderate income
people, to install assist in the installation in their dwellings
of reasonably priced energy conserving systems using including
the use of alternative energy resources and equipment so that by
the improvement of the energy efficiency of all housing, the
adequacy of the total energy supply may be preserved for the
benefit of all citizens.
Sec. 204. Minnesota Statutes 1982, section 462A.05, is
amended by adding a subdivision to read:
Subd. 14b. It may agree to purchase, make, or otherwise
participate in the making, and may enter into commitments for
the purchase, making, or participating in the making, of loans
to persons and families, without limitations relating to the
maximum incomes of the borrowers, to assist in energy
conservation rehabilitation measures for existing housing owned
by those persons or families including, but not limited to:
weatherstripping and caulking, chimney construction or
improvement, furnace or space heater repair, cleaning or
replacement, insulation, storm windows and doors, and structural
or other directly related repairs essential for energy
conservation. Loans shall be made only when the agency
determines that financing is not otherwise available, in whole
or in part, from private lenders upon equivalent terms and
conditions.
Sec. 205. Minnesota Statutes 1982, section 462A.05, is
amended by adding a subdivision to read:
Subd. 18a. The agency may make loans, with or without
interest, and with security for repayment, if any, the agency
determines reasonably necessary and practicable, for the
financing of innovative housing as described in this section.
(a) The housing shall be cooperative or rental multifamily
housing which is designed to provide long-term affordability and
which is either owned and operated on a nonprofit cooperative
basis by the residents, or owned by a limited-dividend entity
and operated by a residents association.
(b) Occupancy shall be restricted to persons and families
of low and moderate income as defined in section 462A.03,
subdivision 10; provided that the agency shall give priority to
proposals that will provide housing to persons and families
whose income is 50 percent or less of the statewide median
family income, as estimated by the United States department of
housing and urban development.
(c) A democratic residents association shall have
substantial control over the operation and management of the
housing and over the filling of housing unit vacancies.
(d) A training and education program shall be developed by
the loan recipient and made available to residents to help them
organize and operate the residents association, understand their
legal rights and financial interests regarding the property, and
manage and maintain the property. The agency shall ensure that
a training and education program has been developed prior to
approving any loan under this section.
Sec. 206. Minnesota Statutes 1982, section 462A.05, is
amended by adding a subdivision to read:
Subd. 23. The agency may participate in loans or establish
a fund to insure loans, or portions of loans, that are made by
any banking institution, savings and loan association, or other
lender approved by the agency, organized under the laws of this
or any other state or of the United States having an office in
this state, to owners of renter occupied homes or apartments
that do not comply with standards set forth in section 116J.27,
subdivision 3, without limitations relating to the maximum
incomes of the owners or tenants. The proceeds of the insured
portion of the loan must be used to pay the costs of
improvements, including all related structural and other
improvements, that will reduce energy consumption.
Sec. 207. [462A.072] [PROVISION OF FINANCIAL EXPERTISE TO
OTHER AGENCIES.]
Upon request of the commissioner of energy, planning and
development, the director shall provide financial management
assistance to the small business finance agency. Reimbursement
for these services shall be at a reasonable rate established by
negotiation between the director and the commissioner of energy,
planning and development.
Sec. 208. Minnesota Statutes 1982, section 462A.21, is
amended by adding a subdivision to read:
Subd. 4j. It may expend money for the purposes of section
462A.05, subdivision 23, and may pay the costs and expenses for
the development and operation of the program.
Sec. 209. Minnesota Statutes 1982, section 462A.21, is
amended by adding a subdivision to read:
Subd. 9a. It may create a revolving fund to be used to
make loans to encourage innovative multifamily housing pursuant
to section 462A.05, subdivision 18a.
Sec. 210. [462A.27] [RULES.]
The agency may adopt temporary and permanent rules for the
efficient administration of sections 204, 205, and 206. The
temporary rules need not be adopted in compliance with chapter
14 and are effective for 360 days or until the permanent rules
are adopted, whichever occurs first. The temporary rules are
effective upon adoption by the agency and shall be published in
the state register as soon thereafter as possible.
Sec. 211. Minnesota Statutes 1982, section 471.345, is
amended by adding a subdivision to read:
Subd. 9. [ENERGY EFFICIENCY SERVICE CONTRACTS.]
Notwithstanding any law to the contrary, a municipality may
enter into a contract to purchase by installment payments
capital or other equipment or services intended to improve the
energy efficiency of buildings or facilities owned by the
municipality provided that:
(a) the term of the contract does not exceed ten years;
(b) the entire cost of the contract is a percentage of the
resultant savings in energy costs;
(c) the contract for purchase is based on a competitive
basis; and
(d) the municipality may unilaterally cancel the agreement
if the governing board of the municipality fails to appropriate
money to continue the contract.
Sec. 212. [471.365] [LOCAL GOVERNMENT PURCHASES.]
A bid received by a local unit of government on a contract
for purchase of goods shall not be considered as the lowest bid
if it is a product of a prison industry other than one located
in Minnesota.
Sec. 213. Minnesota Statutes 1982, section 473.833,
subdivision 3, is amended to read:
Subd. 3. [COUNTY SITE SELECTION AUTHORITIES.] Each
metropolitan county shall establish a site selection authority.
By June 1, 1983, each site selection authority shall select
specific sites within the county from the council's disposal
site inventory, in accordance with the procedures established by
the council under section 473.149, subdivision 2e, and in a
number equal to that required by the council to be acquired by
the county. Each site selection authority shall be composed of
the county board, plus one member appointed by the governing
body of each city or town within the county containing a site in
the council's disposal site inventory or the majority of the
land contained within such a site. If the number of members on
the site selection authority who reside in a city or town
containing all or part of a site or buffer area is equal to or
greater than the number of members who do not, the chairman of
the county board shall appoint to the authority an additional
member or members, residing within the county but not within a
city or town containing all or part of a site or buffer area,
sufficient to assure a majority of one on the authority of
members residing in cities and towns not containing all or any
part of a site or buffer area. The chairman of the county board
shall be the chairman of the site selection authority. If a
site selection authority has not selected the requisite number
of sites in accordance with the council's standards, criteria,
and procedures by June 1, 1983, the council shall make the
selection. A county is not required to develop a solid waste
disposal facility in any municipality in which a mixed municipal
solid waste resource recovery facility having a capacity greater
than 400 tons per day is located if the council finds that the
capacity and number of disposal facilities required by the
development schedule in that county can be provided in that
county without development of the solid waste disposal facility.
Sec. 214. Minnesota Statutes 1982, section 480.09,
subdivision 5, is amended to read:
Subd. 5. All moneys collected shall be paid into the state
treasury and shall be added to the current biennial
appropriation are appropriated to the state law librarian for
the library purposes. Separate accounts shall be maintained for
book sales receipts, the book purchasing service, and
computer-assisted legal research.
Sec. 215. Minnesota Statutes 1982, section 480.241,
subdivision 2, is amended to read:
Subd. 2. [TRANSMITTAL OF SURCHARGE TO SUPREME COURT.]
Notwithstanding any other law or rule to the contrary, all
surcharges collected pursuant to subdivision 1 shall be
transmitted monthly by the district, county and conciliation
court clerks and municipal court administrators to the supreme
court for deposit in a legal services account in the general
special revenue fund.
Sec. 216. Minnesota Statutes 1982, section 480A.01,
subdivision 2, is amended to read:
Subd. 2. [TEMPORARY NUMBER OF JUDGES.] On July 1, 1983
November 1, 1983, the court of appeals shall consist of six
judges. On January 1, 1984 April 1, 1984, an additional six
judges shall be added.
Sec. 217. Minnesota Statutes 1982, section 514.19, is
amended to read:
514.19 [RIGHT OF DETAINER.]
Such A lien and right of detainer shall exist exists for:
(1) Transporting property from one place to another but not
as a carrier under article 7 of the Uniform Commercial Code;
(2) Keeping or storing property as a bailee but not as a
warehouseman under article 7 of the Uniform Commercial Code;
(3) Keeping, feeding, pasturing, or otherwise caring for
domestic animals or other beasts, including medical or surgical
treatment thereof and shoeing the same;
(4) The use and storage of molds and patterns in the
possession of the fabricator belonging to the customer for the
balance due from the customer for fabrication work;
(5) Making, altering or repairing any article, or expending
any labor, skill or material thereon on it.
Such The liens shall embrace all lawful charges against
such the property paid to any other person by the person
claiming such the lien, and the price or value of such the care,
storage or contribution and all reasonable disbursements
occasioned by the detention or sale of the property.
Sec. 218. Minnesota Statutes 1982, section 514.92,
subdivision 1, is amended to read:
Subdivision 1. Every duly licensed and registered
veterinarian shall have a lien for all veterinary services over
$25 rendered upon any animal or animals at the request of the
owner or lawful possessor of same, including but not limited to
surgical procedures, vaccines, antisera, virus, antibiotics, or
other veterinary treatment, from the date of filing such the
lien. Within 60 180 days from the day on which said the
treatment was completed, the claimant of such the lien shall
file in the appropriate filing office under the Uniform
Commercial Code, Minnesota Statutes, section 336.9-401, a
verified lien statement setting forth the kind and number of
animals treated, the price agreed upon reasonable value for such
the treatment, which shall not exceed the reasonable value of
such treatment or services rendered, or the price contracted
between the parties, the name of the person for whom such the
treatment was done, the description reasonable identification of
the animal or group of animals treated, and if branded, the
brand thereon, dates when the treatment was commenced and was
completed, the name of the owner, or reputed owner, of such the
animals, the name and address of the veterinarian claiming the
lien. Within one year after the date the last service was
rendered, but not thereafter, the lien claimant may foreclose
his lien in the manner prescribed for security interests under
article 9 of the Uniform Commercial Code.
Sec. 219. Minnesota Statutes 1982, section 546.27,
subdivision 2, is amended to read:
Subd. 2. At least annually, the board on judicial
standards shall annually review the compliance of each district,
county, municipal, or probate judge with the provisions of
subdivision 1. To facilitate this review, the director of the
state judicial information system shall notify the executive
secretary of the state board on judicial standards when a matter
exceeds 90 days without a disposition. The board shall notify
the commissioner of finance of each judge not in compliance. If
the board finds that a judge has compelling reasons for
noncompliance, it may decide not to issue the notice. Upon
notification that a judge is not in compliance, the commissioner
of finance shall not pay the salary of that judge. The board
may cancel a notice of noncompliance upon finding that a judge
is in compliance, but in no event shall a judge be paid a salary
for the period in which the notification of noncompliance was in
effect.
Sec. 220. Minnesota Statutes 1982, section 648.39,
subdivision 5, is amended to read:
Subd. 5. [SALE PRICE.] The sale price for each edition of
Minnesota Statutes is the actual cost of composition, printing,
binding, and distribution of all books ordered, but not less
than $75. The sale prices of each edition of the Laws of
Minnesota and supplement to the Minnesota Statutes are not less
than the actual cost of composition, printing, binding and
distribution of all books ordered, but not less than $25 $10.
The revisor of statutes shall fix the sale prices of paper back
editions of each of the publications or pamphlets published
pursuant to section 648.43. Receipts from the sale of the
Minnesota Statutes, supplement to the Minnesota Statutes, and
Laws of Minnesota, and any pamphlets shall be deposited in the
general fund.
Sec. 221. Laws 1976, chapter 314, section 3, is amended to
read:
Sec. 3. This act is effective upon final enactment. The
board shall expire on June 30, 1983.
Sec. 222. Laws 1980, chapter 564, article XII, section 1,
subdivision 3, is amended to read:
Subd. 3. WASTE MANAGEMENT
BOARD. 15,718,000
This appropriation is available for
the following purposes:
(a) General Operations and Management.
Approved Complement - 14. These
positions are in the unclassified service
and their continuation is dependent
upon the availability of money from
appropriations in this subdivision.
When these appropriations have been
expended the positions shall be cancelled
and the approved complement reduced
accordingly. The annual salary of the
full-time chairperson of the board
shall be $45,000.
(b) Acquisition of Sites and
Buffer Areas for Hazardous Waste
Facilities 6,200,000
This appropriation is from the state
waste management fund, to be spent
pursuant to article II, section 3,
subdivision 4. Up to $1,200,000
$3,200,000 is available for expenditure
before June 30, 1981 for costs of staff
and independent professional services
needed for the selection and acquisition
of sites.
(c) Waste Processing Facility
Demonstration Program 8,800,000
This appropriation is from the state
waste management fund, to be spent
pursuant to article VI, sections 4
and 6. Up to 5 percent is available
for administration and technical and
professional services.
Sec. 223. Laws 1980, chapter 614, section 192, is amended
to read:
Sec. 192. [EFFECTIVE DATE.]
Except as otherwise provided in this act, this act is
effective the day following final enactment. Section 55 is
effective retroactive to April 1, 1980. Sections 87 and 88 are
effective for any notice of the objects of the petition served
after the day following final enactment. Sections 85 and 86 are
effective for each district named in section 86 upon approval by
a majority of the board of managers of the respective districts,
and upon compliance with the provisions of Minnesota Statutes,
section 645.021. Sections 168 to 180 are effective upon
approval by resolution of the St. Paul city council. The
resolution shall be adopted after published notice to the public
and public hearing. Sections 37 to 39, 49, 51, 57, 60 to 68, 70
to 74, 79, 81 to 83, 89, 101 to 123, 126, 128, 135 to 145, 148,
152, and 155, are effective July 1, 1980. Section 187 is
effective July 1, 1980 and expires June 30, 1983. Pursuant to
Minnesota Statutes, Section 645.023, Subdivision 1, Clause (b),
section 155 is effective without local approval July 1, 1980.
Section 157 is effective March 1, 1981 and applies to causes of
action accruing on or after that date. Section 191, subdivision
2 is effective July 1, 1981.
Sec. 224. Laws 1982, Third Special Session chapter 1,
article II, section 2, subdivision 1, is amended to read:
Subdivision 1. [STATE DEPARTMENTS.]
The general fund appropriations in Laws 1981, chapters 306,
346; and 356; as amended by Laws 1981, First Special Session
chapter 4, article 4, are reduced by the listed amounts:
(a) Legislature ($119,800)
The amounts that are reduced from
each appropriation are as follows:
(1) Revisor of Statutes
1983
(49,800)
(2) Legislative Auditor
(70,000)
(b) Supreme Court (35,000)
(c) Contingent Accounts -
General (200,000)
Fuel and Utilities (1,000,000)
(d) Attorney General (50,000)
(e) Executive Council (1,000,000)
(f) Investment Board (67,000)
(g) Administration (166,000)
(h) Finance (145,000)
(i) Employee Relations (50,000)
(j) Revenue (315,000)
(k) Agriculture (88,500)
$62,000 of this reduction is in the
appropriation for flood plain
management grants in the southern
Minnesota river basin study area two,
administered by the soil and water
conservation board.
(l) Animal Health, Board of (100,000)
(m) Natural Resources (1,273,000)
The amounts that are reduced from
each program are as follows:
(1) Field Services Support
(133,000)
(2) Water Resources Management
(471,000)
Notwithstanding the provisions of
Minnesota Statutes, section 105.392,
subdivision 2, during the period ending
July 1, 1983, the commissioner shall
enter into agreements for the
conservation of wetlands for a period
of ten years, but the commissioner may
obligate funds for payment at one year
intervals for fiscal year 1983, subject
to the availability of appropriated
funds, if this condition is included in
the agreement.
(3) Mineral Resources Management
(115,000)
(4) Forest Management
(198,000)
(5) Parks and Recreation Management
(100,000)
(6) Enforcement
(7,000)
(7) Planning and Research
(13,000)
(8) Trails and Waterways Management
(236,000)
In addition to the above reductions, it
is estimated that $350,000 of the open
appropriation for payments in lieu of
taxes on natural resources land
pursuant to Minnesota Statutes, section
477A.12, will be cancelled.
It is also estimated that, if the
department of natural resources
deficiencies for workers' compensation
and unemployment compensation are fully
funded according to the November 17,
1982 estimate, the sum of $541,000 will
cancel to the general fund.
(n) Zoological Board (35,000)
Admission fees shall be raised to the
limits provided in Laws 1981, chapter
356, section 26. It is estimated that
this fee increase will generate
$115,000 in non-dedicated revenue for
the general fund.
(o) Pollution Control Agency (650,000)
(p) Energy, Planning and Development (358,000)
(q) Natural Resources Acceleration (LCMR) (1,399,600)
The legislative commission on Minnesota
resources shall apportion this
appropriation reduction, and previous
reductions, among the several programs
and activities in Laws 1981, chapter
356, section 31; and also among the
programs in Laws 1977, chapter 421,
sections 12 and 13; Laws 1979, chapter
301, sections 3 and 6; and Laws 1981,
chapter 304, section 4, to the extent
that the reductions will result in
reductions in expenditures from the
general fund by June 30, 1983.
Appropriation reductions apportioned by
the legislative commission on Minnesota
resources during the 1981-83 biennium
shall not be treated as cancelations
available for expenditure in subsequent
bienniums.
(r) Labor and Industry (50,000)
(s) Military Affairs (127,000)
(t) Veterans Affairs (445,000)
The non-dedicated receipt limitation in
Laws 1981, chapter 356, section 36, for
fiscal year 1983 is removed.
(u) Human Rights (10,000)
(v) Retirement Contributions (42,213,600)
The amounts that are reduced from the
various appropriations are as follows:
(1) State Agencies
(9,781,600)
Beginning with the first full pay
period after December 28, 1982 and
ending with the last full pay period
before July 1, 1983, employer
retirement contributions for the
following employees are reduced by four
percent of salary: legislators,
judges, and constitutional officers,
pursuant to Laws 1981, chapter 356,
section 48; state employees, pursuant
to sections 352.04, subdivision 3; and
352D.04, subdivision 2; correctional
employees, pursuant to section 352.92,
subdivision 2; highway patrol
employees, pursuant to section 352B.02,
subdivision 1; and members of the
teachers retirement association
employed by state agencies, pursuant to
section 354.42, subdivisions 3 and 5.
The commissioner of finance shall
apportion this reduction among the
appropriations made to the several
state agencies.
Beginning with the first full pay
period after December 28, 1982 and
ending with the last full pay period
before January 1, 1984 July 1, 1983,
the employee retirement contributions
for the following employees are
increased by two percent of salary:
legislators, pursuant to section 3A.03,
subdivision 1; judges, pursuant to
sections 490.102, subdivision 8, and
490.123, subdivision 1, except that
this clause relating to judges and the
companion provision relating to
appropriations for employer
contributions for judges are expressly
declared to be severable from the
remaining provisions of this item (1);
constitutional officers, pursuant to
section 352C.09, subdivision 1; state
employees, pursuant to sections 352.04,
subdivision 2; and 352D.04, subdivision
2; correctional employees, pursuant to
section 352.92, subdivision 1; highway
patrol employees, pursuant to section
352B.02, subdivision 1; and members of
the teachers retirement association
employed by state agencies, pursuant to
section 354.42, subdivision 2. These
increased employee contributions shall
be posted to each individual employee's
retirement account.
In addition to the appropriation
reduction in this item (1), the
commissioner of finance shall reduce
allotments for grants-in-aid or other
payments from the general fund to state
and semi-state agencies that employ
members of the Minnesota state
retirement system but are not on the
state payroll system including, but not
limited to, the Minnesota historical
society, state horticultural society,
Minnesota crop improvement association,
and the state agricultural society, to
reflect the savings to those agencies
as a result of the reduced employer
contributions provided in this item (1).
(2) University of Minnesota
(1,512,000)
This reduction is attributable to the
decrease in employer retirement
contributions required by item (1) for
university employees who are members of
the Minnesota state retirement system.
This reduction is in the appropriations
made to the University of Minnesota in
Laws 1981, chapter 359, sections 7 to
10, allocated among the various
appropriation accounts by the
commissioner of finance.
(3) Metropolitan Agencies
(1,080,000)
This reduction is in the appropriations
for public transit made to the
metropolitan transit commission in Laws
1981, chapter 363, section 55,
subdivision 1, allocated among the
various appropriation accounts by the
commissioner of finance.
In addition to the appropriation
reduction in this item (3), the
commissioner of finance shall reduce
allotments for homestead credits or
other payments from the general fund to
the metropolitan council, metropolitan
waste control commission, metropolitan
sports facilities commission and other
metropolitan agencies that employ
members of the Minnesota state
retirement system to reflect the
savings to those agencies as a result
of the reduced employer contributions
provided in item (1).
(4) Public Employees Retirement
Association
Beginning with the first full pay
period after December 28, 1982 and
ending with the last full pay period
before January 1, 1984 July 1, 1983,
the employee retirement contributions
for the following employees are
increased by two percent of salary:
public employees, pursuant to section
353.27, subdivision 2; and police and
firefighters, pursuant to section
353.65, subdivision 2. These increased
employee contributions shall be posted
to each individual employee's
retirement account. It is estimated
that these increased contributions will
amount to $24,440,800 by January 1,
1984.
Beginning with the first full pay
period after December 28, 1982 and
ending with the last full pay period
before July 1, 1983, upon each credit
of employer contributions to the public
employees retirement fund and the
public employees police and fire fund,
a portion of the employer contribution
equal to four percent of salary shall
be paid from the public employees
retirement fund and the public
employees police and fire fund to the
state treasury and credited to the
general fund. It is estimated that
these payments will amount to
$24,440,800 by July 1, 1983.
(5) Municipal Employees Retirement
Fund
Beginning with the first full pay
period after December 28, 1982 and
ending with the last full pay period
before January 1, 1984 July 1, 1983,
the employee retirement contribution
for Minneapolis employees, pursuant to
section 422A.10, is increased by two
percent of salary. These increased
employee contributions shall be posted
to each individual employee's
retirement account. It is estimated
that these increased contributions will
amount to $1,800,000 by January 1,
1984.
Beginning with the first full pay
period after December 28, 1982 and
ending with the last full pay period
before July 1, 1983, upon each credit
of employer contributions to the
municipal employees retirement fund, a
portion of the employer contribution
equal to four percent of salary shall
be paid from the municipal employees
retirement fund to the state treasury
and credited to the general fund. It
is estimated that these payments will
amount to $1,800,000 by July 1, 1983.
(6) Local Police and Salaried
Firefighters Relief
Associations
Beginning with the first full pay
period after December 28, 1982 and
ending with the last full pay period
before January 1, 1984 July 1, 1983,
the employee retirement contributions
for members of local police and
salaried firefighters relief
associations that receive amortization
state aid pursuant to section 423A.02
are increased by two percent of
salary. These increased employee
contributions shall be posted to each
individual employee's retirement
account. It is estimated that these
increased contributions will amount to
$1,790,400 by January 1, 1984.
Beginning with the first full pay
period after December 28, 1982 and
ending with the last full pay period
before July 1, 1983, upon each credit
of employer contributions to the local
police and salaried firefighters relief
association retirements funds, a
portion of the employer contribution
equal to four percent of salary shall
be paid from the retirement funds to
the state treasury and credited to the
general fund. It is estimated that
these payments will amount to
$1,790,400 by July 1, 1983.
(7) Teachers Statewide
(26,400,000)
Beginning with the first full pay
period after December 28, 1982 and
ending with the last full pay period
before July 1, 1983, the employer
retirement contribution for teachers
employed by political subdivisions,
pursuant to section 354.42,
subdivisions 3 and 5, shall be reduced
by four percent of salary.
Beginning with the first full pay
period after December 28, 1982 and
ending with the last full pay period
before January 1, 1984 July 1, 1983,
the employee retirement contribution
for teachers employed by political
subdivisions, pursuant to section
354.42, subdivision 2, shall be
increased by two percent of salary.
These increased contributions shall be
posted to each individual employee's
retirement account.
School district teachers on extended
leave of absence pursuant to section
125.60 and receiving employer
contributions pursuant to section
354.094 and school district teachers
teaching part-time pursuant to section
354.66, shall not have their employer
contributions reduced or employee
contributions increased as provided in
this item (7).
(8) Teachers in First Class Cities
(3,440,000)
Beginning with the first full pay
period after December 28, 1982 and
ending with the last full pay period
before July 1, 1983, the employer
retirement contributions for teachers
in Duluth, Minneapolis, and St. Paul,
pursuant to section 354A.12,
subdivision 2, shall be reduced by four
percent of salary. The commissioner of
finance shall apportion this reduction
among the appropriations to the
teachers retirement associations in
cities of the first class.
Beginning with the first full pay
period after December 28, 1982 and
ending with the last full pay period
before January 1, 1984 July 1, 1983,
the employee retirement contribution
for teachers in Duluth, Minneapolis,
and St. Paul, pursuant to section
354A.12, subdivision 1, shall be
increased by two percent of salary.
These increased contributions shall be
posted to each individual employee's
retirement account.
Teachers on extended leave pursuant to
section 125.60 and receiving employer
contributions pursuant to section
354A.091 and teachers teaching
part-time pursuant to section 354A.094,
shall not have their employer
contributions reduced or employee
contributions increased as provided in
this item (8).
(9) Pension Fund Reimbursements
The sum of $8,480,000 is
appropriated from the general fund
to the commissioner of finance for
apportionment to the several pension
funds for the following purposes:
$5,840,000 to reimburse the
funds for any amount by which the
increased employee contributions
received by January 1, 1984 July 1, 1983
are less than the reduced employer
contributions received by July 1, 1983;
$2,000,000 to reimburse
the funds for the loss of investment
income they suffer, as determined by
the commissioner of finance, because
the reduced employer contributions
received by July 1, 1983 are not
matched by increased employee
contributions until January 1, 1984;
and $640,000 to fund increased
contribution refunds due to the
increased employee contributions
required by this section. This
appropriation is available until
June 30, 1984.
(10) Notwithstanding Laws 1982,
chapter 641, article I, section 2,
subdivision 1, paragraph (i), item (1),
the increase in contribution rates
required by that item shall be adjusted
to reflect the changes in contribution
rates required by this section.
Sec. 225. [REIMBURSEMENT OF EXCESS PENSION CONTRIBUTIONS.]
Subdivision 1. [REIMBURSEMENT REQUIRED.] Any public
employee or official who retires from January 1, 1983 to June
30, 1985, and whose pension contributions were increased by Laws
1982, Third Special Session chapter 1, article 2, section 2,
subdivision 1, paragraph (v), must be reimbursed for the amount
of increased contributions paid by the official or employee
because of that law. Reimbursement must be in a lump sum to the
employee or official, or his or her survivor, at the same time
as the first annuity payment. The amount of the reimbursement
is the amount that the employee's or official's contributions
increased because of Laws 1982, Third Special Session chapter 1,
article 2, section 2, subdivision 1, paragraph (v) plus interest
at the then current rate paid on refunds by the relief or
retirement association. Reimbursement shall be paid by the
retirement or relief association to which the employee belongs.
Subd. 2. [STATE PAYMENTS TO RETIREMENT ASSOCIATIONS.] In
the first month of each fiscal year, each retirement or relief
association shall submit to the commissioner of finance a
statement of the amount of reimbursements that the retirement or
relief association paid under subdivision 1 in the prior January
1 to December 31 calendar year. The commissioner of finance
shall then pay to the retirement or relief association the
amount indicated in the statement.
Sec. 226. [REIMBURSEMENT OF EXCESS PENSION CONTRIBUTIONS;
STATE UNCLASSIFIED EMPLOYEES RETIREMENT PROGRAM.]
Subdivision 1. [REIMBURSEMENT REQUIRED.] From January 1,
1983 to June 30, 1985, any participant in the state unclassified
employees retirement program whose pension contributions were
increased by Laws 1982, Third Special Session chapter 1, article
2, section 2, subdivision 1, paragraph (v), must be reimbursed
for the amount of increased contributions paid by the
participant because of that law. Reimbursement must be in a
lump sum to the participant at the time of withdrawal, or to the
participant, or his or her survivor, at the same time as the
first annuity payment. The amount of the reimbursement is the
amount that the participant's contributions increased because of
Laws 1982, Third Special Session chapter 1, article 2, section
2, subdivision 1, paragraph (v) plus interest at the average
rate of return on fixed return investments for the immediately
preceeding five-year period. Reimbursement shall be paid by the
Minnesota state retirement system.
Subd. 2. [STATE PAYMENTS TO RETIREMENT SYSTEM.] In the
first month of each fiscal year, the Minnesota state retirement
system shall submit to the commissioner of finance a statement
of the amount of reimbursements that the Minnesota state
retirement system paid under subdivision 1 in the prior January
1 to December 31 calendar year. The commissioner of finance
shall then pay to the Minnesota state retirement system the
amount indicated in the statement.
Sec. 227. [FUTURE REVIEW.]
The legislature at the session in 1984 will review any
adverse consequences of the repeal of increased employee pension
contribution rates provided for in this act.
Sec. 228. [CAPITAL IMPROVEMENTS PLANNING.]
Subdivision 1. [CAPITAL IMPROVEMENT PROGRAMS; REVIEW AND
RECOMMENDATIONS.] The commissioner of energy, planning and
development shall have the following responsibilities under this
section:
(a) The commissioner shall review the process used by each
state agency for each program whereby the state agency carries
out state capital improvement projects, provides state financial
assistance to capital improvement projects of political
subdivisions or private persons, or reviews requests for federal
financial assistance to capital improvement projects of
political subdivisions or private persons.
For purposes of this subdivision, financial assistance
includes tax exemptions, tax credits, loan guarantees, cash
payments and any other form of direct or indirect financial
assistance provided by or through the state.
(b) The commissioner shall review existing inventories of
capital improvements developed by state agencies, regional or
local governmental entities for capital improvement programs in
order to determine whether existing inventories provide adequate
information on current capital facilities and the present and
projected condition of capital projects in the state.
The commissioner shall consider both the adequacy of the
inventory for each program and the adequacy of inventories of
all programs within a given region or political subdivision.
(c) The commissioner shall determine the impact state
agency projects are likely to have on the economic development
of the state, the region, and the locality in which the projects
are located. Included in the analysis shall be the relationship
of the cost of each project to the economic development benefit
of the project and to the goals of the project.
(d) The commissioner shall recommend any changes in
procedures or evaluation criteria used by a state agency
providing financial assistance for a capital improvement program
which would be necessary to ensure that the criteria set out in
subdivision 2 are adequately addressed. The commissioner shall
determine what changes in procedures used by the agency would be
necessary to improve the accuracy and reliability of capital
improvement project list for each agency, region and political
subdivision.
(e) The commissioner shall determine any changes in
procedures or evaluation criteria used by the commissioner of
finance in the biennial budget process which may be necessary to
address the criteria set out in subdivision 2.
Subd. 2. [CONSIDERATIONS.] In making these determinations,
the commissioner of energy, planning and development shall
consider geographic differences and local capabilities,
including the needs of both rural and urban areas and large and
small cities. The objective of the commissioner shall be to
recommend a system to better identify capital improvement
projects and programs for state agencies that:
(a) create or improve the economic development capabilities
of the state;
(b) are consistent with regional capital improvement plans;
(c) protect and promote public health and safety; and
(d) tend to achieve other state, regional and local goals.
The commissioner shall encourage each region and political
subdivision to consider the state agency criteria when
developing local capital improvement project lists.
Subd. 3. [PROGRAMS AFFECTED.] The capital improvement
programs governed by this section are those for roads, bridges,
parks and recreation facilities, transit facilities/rolling
stock, railways, waterways, airports, water systems, sewers,
waste water treatment plants, waste disposal facilities, dams,
energy facilities, higher education facilities, and other public
buildings and equipment.
Subd. 4. [RECOMMENDATIONS.] By January 1, 1984, the
commissioner of energy, planning and development shall report to
the legislature recommendations for changes in capital
improvement programs of each state agency and the biennial
budget process needed to give greater weight to projects and
programs that would do more to promote economic development in
this state. The commissioner shall report on the progress of
capital improvement program processes in the regional
development commissions provided by subdivision 7.
Subd. 5. [CAPITAL BUDGET.] The report in subdivision 4 may
include a recommendation that the budget prepared by the
commissioner of finance should include a capital expenditure
budget for a five-year period including not only state projects
but also regional, local, and private projects that receive
financial assistance from the federal government subject to
state review.
Subd. 6. [FINANCING STUDY.] The commissioner of energy,
planning and development shall report to the legislature by
January 1, 1984, recommendations concerning various methods of
financing capital improvements in this state. The
recommendations shall include:
(a) proposed shifts in responsibility for particular
programs or projects from one level of government to another;
(b) proposed changes in the revenue source ultimately used
to pay for particular programs and projects, whether general
taxes, special taxes, or user fees;
(c) proposed combination or coordination of federal
programs of grants or loans to political subdivisions with
similar state programs;
(d) proposed changes in the method of financing particular
programs or projects, whether from current revenue or from
borrowing;
(e) changes in borrowing procedures, including:
(1) use of federal money granted to the state to make loans
to political subdivisions;
(2) conversion of state programs of assistance to political
subdivisions from grants to loans;
(3) pooled borrowing by the state on behalf of its
political subdivisions;
(4) use of sale and lease-back arrangements; and
(5) creation of a state or semistate infrastructure bank.
Subd. 7. [REGIONAL CAPITAL IMPROVEMENT PLANS.] The
commissioner of energy, planning and development shall review
the capital improvement plans of each regional development
commission. Plans found by the commissioner to be consistent
with state goals and policies shall be followed by the
commissioner in preparing his recommendations pursuant to
subdivision 4.
Subd. 8. [ASSISTANCE.] The commissioner may receive money
from other sources, public and private, to assist in carrying
out the duties imposed by this section.
Sec. 229. [PAYMENTS RESTORED.]
Any amounts reduced from allotments pursuant to section 5
of House File No. 1308, as enacted at the 1983 regular session,
are appropriated and shall be paid pursuant to new allotments
for the fiscal year ending June 30, 1984.
Sec. 230. [LAKE BEMIDJI STATE PARK.]
Pursuant to Minnesota Statutes, section 471.59, the city of
Bemidji may enter into a joint powers agreement with the
commissioner of natural resources to manage for the purposes of
outdoor recreation as defined in Minnesota Statutes, section
86A.03, subdivision 3, the following described land within Lake
Bemidji state park:
All of government lot 1 and that part of government lot 2
lying west of C.S.A.H. 12; the northeast quarter of the
northwest quarter of section 11 lying west of C.S.A.H. 12; all
in township 146, range 33.
Sec. 231. [CITY OF DULUTH; GROUP WORKER'S COMPENSATION
SELF-INSURANCE POOLS.]
Subdivision 1. [FORMATION OF POOLS WITH PRIVATE
EMPLOYERS.] Notwithstanding any contrary provision of other law,
ordinance, or charter, the city of Duluth may enter into a
self-insurance pool with private employers to self-insure
worker's compensation liability of pool members. Any pool
formed pursuant to this section shall be operated under bylaws
established by members of the pool. The initial bylaws and
amendments to them shall not be effective unless approved by the
city of Duluth and the commissioner of insurance. The bylaws
shall address the following subjects:
(a) Qualifications for group self-insurer membership,
including underwriting standards.
(b) The method of selecting the board of directors,
including the directors' terms of office.
(c) The procedure for amending the bylaws or plan of
operation.
(d) Investment of assets of the fund.
(e) Frequency and extent of loss control or safety
engineering services provided to members.
(f) A schedule for payment and collection of premiums.
(g) Expulsion procedures, including expulsion for
nonpayment of premiums and expulsion for excessive losses.
(h) Delineation of authority granted to the administrator.
(i) Delineation of authority granted to the service company.
(j) Basis for determining premium contributions by members
including any experience rating program.
(k) Procedures for resolving disputes between members of
the group, which shall not include submitting them to the
commissioner.
(l) Basis for determining distribution of any surplus to
the members, or assessing the membership to make up any deficit.
(m) Provisions for security to be furnished by private
employers to insure assessments are paid in case of private
employer insolvency.
The members participating in the pool may establish a joint
board with appropriate powers to manage the pool. Each member
of the pool shall pay to the pool the amounts assessed against
it pursuant to the bylaws. A member may withdraw only after it
has reimbursed the pool for the amounts for which it is
obligated under the terms of the agreement.
Subd. 2. [APPROVAL OF COMMISSIONER.] A pool formed
pursuant to this section shall not be effective or begin
operation until it has been approved by the commissioner of
insurance in the manner provided in Minnesota Statutes, section
471.982. Section 471.982 and any applicable rules adopted
pursuant to it shall apply to any pool formed pursuant to this
section. A pool formed pursuant to this section shall be a
member of the workers' compensation reinsurance association and
shall be bound by its plan of operation.
Sec. 232. [473.653] [RESTRICTIONS ON CERTAIN AIRPORTS.]
The metropolitan airports commission shall not take any
action with respect to an airport owned by it that would result
in a permanent net reduction in useable runway length at the
airport. Retention of existing useable runway length at an
airport owned by the metropolitan airports commission shall not
cause the airport to be reclassified from a minor use to an
intermediate use airport.
Sec. 233. [COMPENSATION COUNCIL.]
The salary increases recommended by the compensation
council created by 1983 regular session S. F. No. 415, section
8, shall be paid only from appropriations enacted after January
1, 1984.
Sec. 234. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall change the words "state
treasurer" wherever they appear in Minnesota Statutes 1982,
sections 345.31 to 345.60 to "commissioner" in Minnesota
Statutes 1984.
Sec. 235. [REPEALER.]
Minnesota Statutes 1982, sections 3.472; 3.86; 4.073; 8.31,
subdivision 4; 114A.01; 114A.02; 114A.03; 114A.04; 114A.05;
114A.06; 114A.07; 114A.08; 114A.09; 116J.27, subdivisions 5 and
7; 193.35; and 297A.05, are repealed. Laws 1965, chapters 66
and 312, are repealed.
Sec. 236. [EFFECTIVE DATE.]
Section 140 is effective retroactively to January 1, 1982.
However, claims made for grass fires in highway rights-of-way
occurring between January 1, 1982 and May 31, 1983 must be
postmarked and sent via certified mail no later than June 30,
1983, in order to qualify for reimbursement consideration.
Section 225, subdivision 1, and section 226, subdivision 1 are
effective retroactively to December 29, 1982. Sections 178,
181, and 182 are effective for gasoline sold for motorboats
after December 31, 1982. Section 108 is effective for reporting
years 1983 and following. Sections 111 to 118, 172, 221, 223,
and 228 are effective the day following final enactment. Section
66 is effective July 1, 1983, but only if no other law setting
the salary of judges of the court of appeals is enacted at the
1983 regular session. Sections 146 and 148 to 152 are
procedural changes and are effective for all cases pending on
July 1, 1983, regardless of the date of injury, date of hearing,
or date of appeal and all decisions of workers' compensation
judges and the workers' compensation court of appeals issued on
or after July 1, 1983, shall apply the provisions of those
sections. Section 225, subdivision 2, and section 226,
subdivision 2, are effective July 1, 1984. Sections 155 to 158
are effective July 1, 1985.
Approved June 8, 1983
Official Publication of the State of Minnesota
Revisor of Statutes