Office of the Revisor of Statutes
Minnesota Session Laws - 1984, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1984
CHAPTER 654-H.F.No. 2317
An act relating to the organization and operation of
state government; clarifying, providing for
deficiencies in, and supplementing appropriations for
the expenses of state government with certain
conditions; creating and modifying agencies and
functions; fixing and limiting fees; requiring studies
and reports; appropriating money; amending Minnesota
Statutes 1982, sections 3.099, subdivision 2; 3.3005;
3.351; 10.12; 10.14; 10.15; 11A.08, subdivision 3;
15.0597, subdivision 1; 16.02, by adding a
subdivision; 16.026, subdivisions 3 and 7; 16.081;
16.80, subdivision 1; 16A.04, subdivisions 1 and 4;
16A.06; 16A.065; 16A.125, subdivision 6; 16A.13,
subdivisions 1 and 2; 16A.131, subdivision 1; 16A.14,
subdivision 2; 16A.28; 16A.45; 17.03, by adding a
subdivision; 17A.03, by adding subdivisions; 17A.04,
subdivisions 1, 6, 7, and 8; 17A.05; 17A.07; 17A.10;
17A.11; 17A.12; 43A.27, by adding a subdivision;
43A.30, by adding a subdivision; 84.085; 84A.53;
84A.54; 84A.55, subdivision 9; 84B.03, by adding a
subdivision; 94.16; 116J.19, subdivision 13; 116J.36,
as amended; 116J.88, by adding a subdivision; 116J.89,
by adding a subdivision; 117.195, subdivision 1;
117.232, subdivision 1; 125.031; 136.11, subdivisions
2 and 7; 136.506; 136.55, subdivision 2; 136A.02,
subdivision 1a; 136A.32, subdivision 7; 136A.81,
subdivision 1; 138.025, subdivision 11; 144.414;
155A.06, subdivision 1; 158.07; 158.08; 161.173;
161.174; 161.242, subdivisions 3 and 4; 161.31,
subdivision 1; 168.27, subdivisions 2 and 3; 168.33,
subdivision 2; 169.966, subdivision 1a, and by adding
a subdivision; 174.22, subdivisions 5, 10, 13, and by
adding a subdivision; 174.23, subdivisions 2 and 4;
174.24, subdivisions 1, 2, and 5; 174.265, subdivision
3; 179.741, subdivision 2; 214.001, subdivision 2;
214.13, subdivisions 1, 2, 3, and 5; 221.295; 239.10;
241.66, subdivision 2; 245.811; 256.851; 256D.02,
subdivisions 6, 8, and by adding a subdivision;
256D.06, subdivision 3; 256D.15; 256E.03, subdivision
2; 256E.07, subdivision 1, and by adding subdivisions;
296.13; 299D.03, subdivision 2; 299F.63, by adding a
subdivision; 325F.20, subdivision 1; 329.099; 340.11,
subdivision 11a; 345.47, subdivision 1, and by adding
a subdivision; 345.525; 352.01, subdivision 2A;
352E.02; 352E.04; 359.01; 398.09; 462A.05, subdivision
20; 473.121, subdivisions 7, 10, 16, 18, 19, and by
adding subdivisions; 473.146, subdivisions 3 and 4;
473.164; 473.167, subdivision 1; 473.168, subdivision
2; 473.181, subdivision 3; 473.223; 473.404; 473.405;
473.409; 473.411; 473.416; 473.435; 473.436, by adding
a subdivision; 473.445; 473.446, subdivision 2a, and
by adding subdivisions; 473.449; 484.545, subdivision
1; Minnesota Statutes 1983 Supplement, sections
3.3026, subdivision 5; 10A.01, subdivision 18; 10A.04,
subdivision 4; 15A.081, subdivisions 1, 6, and 7;
15A.082; 15A.083, subdivision 1; 16.083; 16.28,
subdivision 2; 16A.125, subdivision 5; 16A.127,
subdivision 1; 16A.36; 17A.06, subdivision 3; 38.02,
subdivision 1; 43A.04, subdivision 8; 85.40,
subdivision 5; 85.41, subdivisions 3, 4, and 5;
116J.09; 116J.18, subdivision 1; 116J.31; 116J.70,
subdivision 2a; 116J.90, by adding a subdivision;
116J.91, subdivision 4; 135A.03, subdivisions 1, 3,
and 4; 136.144; 136A.121, subdivision 2; 136A.26;
144.651, subdivision 9; 161.43; 161.44, subdivision
6a; 169.81, subdivision 2; 174.24, subdivision 3;
179.70, subdivision 1; 179.7411; 180.03, subdivision
2; 214.06, subdivision 1; 214.13, subdivision 4;
221.041, by adding a subdivision; 221.071, subdivision
1; 240.06, subdivision 7; 256.01, subdivision 2;
256.737; 256B.501, subdivision 10; 256D.01,
subdivision 1; 256D.03, subdivision 4; 256D.111,
subdivisions 1, 2, 5, and by adding a subdivision;
256D.112; 268.672, subdivision 6; 268.673, subdivision
5; 268.675; 268.676, subdivisions 1 and 2; 268.677;
268.685; 268.686; 268.80; 268.81; 297B.09; 298.296,
subdivision 1; 352D.02, subdivision 1; 357.021,
subdivision 2a; 462A.07, subdivision 15; 473.436,
subdivision 6; 486.06; 517.08, subdivision 1c;
609.855, subdivisions 1 and 2; Laws 1983, chapter 199,
section 17, subdivision 2; chapter 290, section 172;
chapter 293, sections 1; 2, subdivisions 2, 8, and 9;
4, subdivisions 1 and 3; 5; and 6; chapter 301,
sections 38, 39, 40, 41, and 42; proposing new law
coded in Minnesota Statutes, chapters 13, 15, 17A, 84,
84A, 94, 115A, 116J, 136, 174, 190, 214, 221, 246,
256B, 268, 349, 473; proposing new law coded as
Minnesota Statutes, chapters 16B; 40A; 44A; and 494;
repealing Minnesota Statutes 1982, sections 10.13;
16A.132; 16A.51; 16A.59; 16A.73; 84.82, subdivision 1;
136.11, subdivision 6; 136A.133; 167.31; 167.32;
167.33; 167.34; 167.35; 167.36; 167.37; 167.38; 167.39;
167.42; 167.43; 167.44; 167.521; 168.27, subdivision
5; 174.03, subdivision 5a; 174.24, subdivisions 3a and
4; 174.265; 174.31; 256E.07, subdivision 3; 473.401;
473.402; 473.403; 473.411, subdivision 1; 473.413, as
amended; 473.451; Minnesota Statutes 1983 Supplement,
section 17.106; and Laws 1983, chapter 289, section
102, and chapter 301, section 233.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
STATE GOVERNMENT APPROPRIATIONS
Section 1. [APPROPRIATIONS SUMMARY.]
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 articles of this act, to be available
for the fiscal years indicated for each purpose. The figures
"1984" and "1985," wherever used in this act, mean that the
appropriations listed under them are available for the year
ending June 30, 1984, or June 30, 1985. When a figure appears
in parentheses, it is a reduction of a prior appropriation.
SUMMARY OF APPROPRIATIONS BY FUNCTION - ALL FUNDS
Total
STATE DEPARTMENTS $34,485,500
AGRICULTURE, TRANSPORTATION, AND OTHER AGENCIES 86,841,300
EDUCATION 10,413,000
HEALTH AND HUMAN SERVICES 65,173,000
TOTAL $196,912,800
SUMMARY BY FUND
Total
General Fund $110,908,700
Special Revenue Fund 425,000
Trunk Highway Fund 57,749,800
Highway User Tax Distribution Fund 181,500
Transit Assistance Fund 12,600,000
County State Aid Highway Fund 11,300,000
Municipal State Aid Street Fund 3,400,000
Special Compensation Fund 155,000
Environmental Response Compensation and Compliance Fund 192,800
APPROPRIATIONS
1984 1985
$ $
ARTICLE 2
STATE DEPARTMENTS
Section 1. LEGISLATURE
(a) Legislative Commission on Energy 20,000
By January 1, 1986, the legislative
commission on energy shall report to
the legislature on the state programs
of energy audits of residential and
commercial buildings under Minnesota
Statutes, section 116J.31. The report
must include: (1) a summary of the
audits performed and conservation
measures installed; (2) a summary of
delivery systems and marketing of
programs, including any recommendations
for alternative delivery systems and
marketing strategies; (3) consumer
comments about the operation of the
program; and (4) other information
relevant to the operation of the
program.
(b) Legislative Reference Library 94,100
This appropriation may be expended only
if funds from other sources are not
available.
The appropriations in this section are
added to the appropriations in Laws
1983, Chapter 301, section 2,
subdivision 4.
(c) Legislative Coordinating Commission 6,300
This appropriation is for the
compensation council.
Sec. 2. SUPREME COURT
(a) State Court Administrator 47,500
This appropriation is for the
administrative costs associated with
the community dispute resolution
program.
By January 1, 1986, the state court
administrator shall report to the
chairmen of the judiciary committees in
the house and in the senate the
experience to date with dispute
resolution programs and shall make
recommendations for any changes that
may be deemed desirable in the dispute
resolution program.
(b) State Law Library 43,000
The appropriations in this section are
added to the appropriation in Laws
1983, chapter 301, section 3.
Sec. 3. BOARD ON JUDICIAL
STANDARDS 51,100 60,000
This appropriation is added to the
appropriation in Laws 1983, chapter
301, section 6. If the appropriation
for either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 4. BOARD OF PUBLIC DEFENSE 144,500
This appropriation is for the five
legal defense corporations listed in
Laws 1983, chapter 301, section 7.
Final distribution of this money shall
be determined by the board of public
defense. The board of public defense
shall submit to the legislature by
January 1, 1985 a report showing how
much of this appropriation was
distributed to each recipient and the
rationale for the distribution.
Sec. 5. PUBLIC DEFENDER
Public Defender Operations 80,000
This appropriation is added to the
appropriation for the same purpose in
Laws 1983, chapter 301, section 8.
Sec. 6. SECRETARY OF STATE
(a) Microfilming Project 50,000
This appropriation is added to the
appropriation in Laws 1983, chapter
301, section 10.
(b) The unexpended balance of the
appropriation contained in Laws 1983,
chapter 301, section 10, for
computerization of the corporate
division does not cancel and is
available for the second year of the
biennium.
Sec. 7. ATTORNEY GENERAL
Approved Complement
General Fund - Add 2
Compliance Activities 47,300
This appropriation is added to Laws
1983, chapter 121, section 32,
subdivision 4. This appropriation
shall be reimbursed to the general fund
from the environmental response,
compensation, and compliance fund, and
the amount necessary to make the
reimbursement is appropriated to the
commissioner of finance for transfer to
the general fund.
The two unclassified positions paid for
from this appropriation are for the
duration of the Reilly Tar case only.
Sec. 8. ADMINISTRATION
Approved Complement - Add 16
(a) Public Service
(1) Public television 2,100,000
This appropriation is for public
television equipment needs; final
distribution of the funds will be based
on the recommendations of the Minnesota
Public Television Association.
(2) Public radio 200,000
This appropriation is for public
educational radio equipment needs;
final distribution of the funds will be
based on the recommendations of the
Association of Minnesota Public
Educational Radio Stations.
By January 1, 1985, the commissioners
of administration and finance shall
establish a procedure by which public
broadcasting funding requests are
submitted; institute eligibility
standards and criteria by which the
awards are made; distinguish the
requirements for block grants,
operating grants, and capital grants;
provide for the auditing of funds
disbursed; and propose statutory
language which would reflect this
process.
(3) Cable communications board 135,000
(b) State Agency Services
(1) Procurement automation project 358,000
The commissioner of administration
shall prepare and submit an outline for
a long-range procurement plan to the
chairmen of the senate finance
committee and the house appropriations
committee by June 1, 1984. A completed
long-range plan shall be submitted to
the chairmen by August 1, 1984. The
plan shall include, but is not limited
to, the effect that procurement
automation may have on the management
and operations of state agencies; the
implications for centralization or
decentralization of procurement
control, decision-making, and
information; and the cost implications
statewide. The commissioner shall seek
the advice and assistance of other
state agencies in the preparation of
the plan. The commissioner shall also
report to the chairmen by August 1,
1984, on her plans for changes in the
operations and structure of the
procurement division as a result of the
automation of the procurement process.
Beginning July 1, 1984, the
commissioner of administration shall
submit bi-monthly reports to the
commissioner of finance and the
chairmen of the senate finance
committee and the house appropriations
committee on her progress in
implementing the procurement automation
project as compared to the
implementation plan contained in the
Pride Phase II equivalent document.
Following the receipt of a progress
report, the chairmen may recommend to
the commissioner of administration and
the commissioner of finance that the
procurement automation project be
suspended or abandoned. If the
commissioner of finance determines that
the project should be suspended or
abandoned, no additional money may be
encumbered for the project until
further order of the commissioner of
finance.
The authorized complement for the
procurement division shall be reduced
by seven positions by June 30, 1985.
As may be approved by the legislative
audit commission, the legislative
auditor may conduct a follow-up to
their 1982 reports on state and SED
purchasing or a new examination of the
procurement division and the bid
specifications that are used in
contract purchasing.
(2) Bidding Rules
The commissioner of administration
shall adopt rules to establish the
standards and procedures by which a
contractor who has been convicted of a
contract crime, and its affiliates,
will be disqualified from receiving the
award of a state contract or from
serving as a subcontractor or material
supplier under a state contract. The
rules shall apply to contracts let by
the commissioner of transportation and
to other contracts and purchases the
commissioner of administration deems
necessary and appropriate.
(c) Management Services
(1) Telecommunications 210,000
(2) Equipment Study
The commissioner of administration
shall coordinate a study to determine
whether present appropriation levels
are sufficient to allow replacement of
state equipment that has exceeded its
useful life. The study must include
the departments of natural resources,
transportation, public welfare,
administration, and other major users
of state equipment. The study shall be
completed in time to incorporate the
commissioner's findings and
recommendations in the budget requests
presented to the 1985 legislature.
(3) Seasonal Employee Study
The commissioner of administration in
cooperation with the commissioner of
employee relations shall conduct a
study to determine the operational and
cost effectiveness of the extensive use
of part-time and seasonal employees by
the commissioner of natural resources.
The study may also include similar use
by the commissioners of transportation
and public welfare. A report of the
findings of the study and the
recommendations of the commissioners of
administration and employee relations
must be submitted to the legislature by
January 1, 1985.
The appropriations in (a), (b), and (c)
are added to the appropriation in Laws
1983, chapter 301, section 16.
(d) Regional waste
disposal system 7,000,000
This appropriation is from the general
fund to pay part of the cost of
constructing a regional waste disposal
facility for the counties of Olmsted,
Dodge, Mower, Fillmore, and Wabasha
counties. This money shall be paid in
the form of a grant to Olmsted County,
but any amounts not expended for this
purpose shall be returned to the state
treasury.
This appropriation shall not be spent
until: (1) a portion of former
Rochester state hospital has been sold
and all the net proceeds have been
deposited in the state treasury and
credited to the general fund; (2)
Olmsted County has executed an
agreement to provide a regional waste
disposal facility for Dodge, Mower,
Fillmore, and Wabasha counties, which
shall specify how rates will be
determined; rates shall be no greater
than those charged to Olmsted County
residents; and (3) Olmsted County has
submitted to the chairman of the senate
finance committee and the chairman of
the house appropriations committee a
report showing the terms of the sale,
the items deducted from gross proceeds
to arrive at net proceeds, and the
agreements executed by the counties,
and received their advisory
recommendations on the payment of the
grant; failure or refusal to make a
recommendation promptly is deemed a
negative recommendation.
Dodge, Mower, Fillmore, or Wabasha
county, or all of them, may choose, by
resolution of the county board adopted
by August 1, 1984, not to participate
in the regional waste disposal
facility. Except for counties that
have chosen not to participate in the
facility, no money may be expended from
this appropriation until all the named
counties have executed the agreement.
The amount paid under this
appropriation shall be one-half of the
net proceeds, up to $7,000,000. "Net
proceeds" means the gross proceeds less:
(1) the accumulated operating costs
associated with the heating,
maintenance, and provision of security
for the unoccupied real property and
its improvements for the period
beginning December 29, 1982, and ending
on the date of sale of the real
property and its improvements; (2)
costs incurred by Olmsted County for
roof repairs previously made to
hospital buildings and road
improvements made necessary because of
the sale of the property to the United
States government; and (3) consultant
fees and advertising costs related to
the sale of the property.
Sec. 9. TAX STUDY COMMISSION
The Minnesota Tax Study Commission,
which was created by executive order
83-33, may accept private contributions
to offset its operating expenses. The
commission is directed to seek private
donations for publication costs and for
the costs associated with presentation
of the reports to the 1985 legislature.
Sec. 10. EMPLOYEE RELATIONS
Employee Group Insurance -
Enrollment Services 127,300
This appropriation is added to the
appropriation in Laws 1983, chapter
301, section 19.
Sec. 11. NATURAL RESOURCES
Approved Complement
General - Subtract 11
Game and Fish - Add 0.5
Special - Add 14
(a) Snowmobile Trails Grooming and
Maintenance Equipment 400,000
This appropriation is from the
snowmobile trails and enforcement
account.
(b) Cross Country
Ski Trails 75,000
(c) County Forestry Assistance Program 2,000,000
This appropriation is for a grant to
the St. Louis county land investment
board and is available only when St.
Louis County contributes $500,000 from
its own revenues to the project.
The St. Louis county land investment
board shall provide a work plan and
semi-annual progress reports to the
department and the joint select
committee on forestry for review and
recommendations. Any recommendations
received shall be advisory only.
(d) Consolidated Conservation Area Rulemaking 15,000
(e) Snag Removal 30,000
(f) Voyageurs National Park Land Acquisition 30,000
(g) Lake Restoration 40,000
This appropriation is for the purpose
of restoring and improving Lake
Isabelle in Dakota County. The money
shall be used for a detailed soil
analysis including a
hydraulic/hydrologic study to determine
the maximum lake level, necessary
groundwater investigation for
augmentation of water supply, and any
acquisition of easements and rights of
way. The appropriation shall not
cancel but remains available until
expended.
The appropriations in this section are
added to the appropriations made in
Laws 1983, chapter 301, section 22.
The department shall develop a plan to
implement the recommendations made by
the department of administration in its
study of the regional and subregional
structure of the department of natural
resources. The plan shall be developed
with the assistance of the department
of administration. The department of
employee relations shall review the
plan with respect to personnel
matters. The plan shall be completed
on or before September 1, 1984.
The department shall create at least
one regional or subregional labor pool
under the control of the regional
administrator. The department shall
report to the legislature on the
results of the project by February 1,
1985. The departments of
administration and employee relations
shall assist in the design and
evaluation of the project.
The commissioner need not include the
three-month cancellation provision
required by Minnesota Statutes, section
92.50, subdivision 1, in any lease of
the Soudan Mine for use as a physics
laboratory by the University of
Minnesota, provided that this exception
shall not be construed to limit the
commissioner's right to cancel for
cause under the terms of the lease.
Notwithstanding Laws 1983, chapter 301,
section 22, an amount not to exceed
$250,000 of the money included for peat
development in the appropriation for
mineral resources management may be
expended for site preparation for
commercial peat mining in any bog whose
surface has been disturbed by drainage
or any other artificial alteration of
the surface. If any portion of this
amount is directly or indirectly loaned
for site preparation purposes, the
money repaid under the loan shall be
deposited in the general fund.
Notwithstanding any law to the
contrary, including Laws 1983, chapter
301, section 22, the commissioner of
natural resources shall, by November
15, 1984, submit a report to the
legislature containing specific
recommendations for appropriate
protection of those peatlands
identified as ecologically significant
in the August 1981 Minnesota Peat
Program Final Report.
Laws 1983, chapter 301, section 88, is
retroactive to July 1, 1982. The
commissioner of finance shall adjust
the amount of receipts credited to the
state forest suspense account during
fiscal year 1983 and the total costs
incurred by the state for forest
management purposes during fiscal year
1983 to reflect this retroactivity.
The commissioner of natural resources
shall present to the legislature by
January 1, 1986, a plan for
consolidating the trails and waterways
unit and the parks and recreation
division.
The commissioner of natural resources
shall devote $25,000 from previous
apppropriations from the game and fish
fund to conducting research on the
genetic background of walleyes.
Sec. 12. ZOOLOGICAL BOARD 348,200 315,700
This appropriation is added to the
physical facilities appropriation
provided in Laws 1983, chapter 301,
section 23 for fuel and utility costs.
None of the money provided in the
original appropriation for fuel and
utilities or this supplement shall be
used for any other purpose.
The commissioner of finance must
conduct an economic analysis regarding
acquisition of the zoo ride and submit
his report to the legislature. The
analysis may include discussions with
the current owners of the zoo ride.
Sec. 13. POLLUTION CONTROL AGENCY
Approved Complement
General - Add 15
ERCC - Add 2
(a) Wastewater Grant Administration 342,800
(b) Transfer of Funding Acid
Rain Planning (68,000) 68,000
(c) Environmental Impact Statement
Preparation 95,000
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
(d) Technical Support for
Reilly Tar Litigation 75,000
Any unencumbered balance remaining in
the first year shall not cancel but is
available for the second year of the
biennium.
The two positions paid for from this
appropriation are in the unclassified
service for the duration of the Reilly
Tar case only. When the case is over,
the positions shall be canceled and the
approved complement of the agency
reduced accordingly.
(e) Laboratory Analysis 117,800
The appropriations in items (d) and (e)
are from the ERCC fund.
(f) Waste Tires 117,000
This appropriation is for establishing
rules for waste tire collector and
processor permits, waste tire nuisance
abatement, and waste tire collection,
and for carrying out waste tire
nuisance abatement and waste tire
collection programs. The three
positions paid for from this
appropriation are in the unclassified
service.
(g) Collection and Incineration Study 100,000
The director of the pollution control
agency shall make a study, report, and
recommendations of the following: (1)
the number and geographical
distribution of waste tires generated
and existing tire dumps and collection
sites; (2) financial responsibility
requirements needed to cover tire
collectors and processors; (3) the
optimum location of collection sites to
facilitate tire processing; (4)
alternative methods to collect waste
tires in small tire dumps and to
collect tires from waste tire
generators, including costs; (5) the
options for waste tire recycling, their
current use, and the feasibility of
future use; (6) methods to establish
reliable sources of waste tires for
waste tire users; (7) the types of
facilities in Minnesota that can
utilize waste tires as a fuel source,
the cost of equipment needed to modify
existing types of facilities, the cost
of test burns, the feasibility of
operating each type of facility
utilizing waste tires as a fuel source,
and the location of those facilities;
and (8) the establishment of a
statewide waste tire collection system.
The director of the agency shall submit
an interim report to the legislature
and the governor by December 31, 1984,
and a final report by April 1, 1985.
(h) Test Burns Report 35,000
The director of the agency, with the
commissioner of administration, shall
identify by October 1, 1984, existing
public and private facilities most
suitable for utilizing waste tires as a
fuel source. The director of the
agency shall solicit expressions of
interest by private industry for
utilizing waste tires as a fuel
source. The selected facilities shall
assist in conducting test burns, making
measurements, and preparing a report
describing the test results and the
feasibility of using waste tires as a
long-term fuel source for various types
of facilities. The report shall
identify the collection,
transportation, and processing of waste
tires needed to use the facilities.
The director of the agency shall submit
the report to the legislature and the
governor by December 31, 1984.
The appropriations and reductions in
this section are added to the
appropriations made in Laws 1983,
chapter 301, section 25.
Sec. 14. WASTE MANAGEMENT BOARD
Approved Complement
General - Add 5
Building - Add 2
These positions are in the unclassified
service.
Sec. 15. ENERGY AND ECONOMIC
DEVELOPMENT
Approved Complement
General - Add 49
Federal - Add .5
(a) Alternative Energy Projects 146,500 774,100
$150,000 is for alternative energy
technical activity.
$50,000 is for an engineering manager
in the unclassified service. The
manager must have technical expertise
and professional experience in the
field of engineering.
$218,000 is for community energy
councils, of which $53,000 is for a
director in the unclassified service
and $145,000 is for grants to
communities.
$53,000 is for the shared energy
savings program. One unclassified
position may be paid from this
appropriation.
$5,000 is for temporary rulemaking for
district heating and qualified energy
improvements.
$50,000 is for study and adoption of
standards for fiber fuels.
$47,800 is for the adoption of rules
regarding quality and product safety
specifications for the manufacture of
insulation.
$146,500 is available the day following
final enactment and until June 30,
1985, for enforcement of energy
conservation standards for rental
property. Four unclassified positions
may be paid for from this appropriation.
$100,000 is for optimal low-income
weatherization.
$81,800 is for wind resource assessment
and $18,500 is for continuation of the
superinsulation demonstration project.
(b) District Heating Debt Service 279,000
To the commissioner of finance for
transfer to the state bond fund for
district heating and qualified energy
improvement debt service under
Minnesota Statutes, section 116J.36,
subdivision 6, as amended by this act.
(c) Low-Income Weatherization 1,000,000
To the commissioner of economic
security for the purpose of extending
or expanding the low income residential
weatherization program authorized by
section 268.37. Any federal money
received before December 31, 1984, in
excess of anticipated revenues for the
weatherization program shall reduce the
state appropriation for this purpose by
a like amount.
(d) Marketing Minnesota 1,100,000
$200,000 of this appropriation is
available only after verification and
documentation of private sector
contributions on the basis of $1 state
to $1 private funds. These funds may
be released as contributions are
received. For purposes of this
appropriation, private sector in-kind
services may provide all or a portion
of the match for this money.
"Private sector" means any private
person, firm, corporation, or
association.
(e) Business Services 273,100
(f) Financial Officers 196,800
$147,300 and five positions are for an
energy and economic delvelopment
authority administration contingent
account. Upon resolution of the
litigation regarding the authority, up
to these amounts may be released with
the approval of the governor after
consultation with the legislative
advisory commission pursuant to
Minnesota Statutes, section 3.30.
Of the seven positions paid for from
this appropriation, four are not
authorized until January 1, 1985.
(g) Administrative Support 79,200
(h) Economic Recovery Grant Program 6,000,000
This appropriation is for economic
recovery grants to local governments
under the small cities development
grants program.
$85,300 is for administrative costs.
$5,914,700 is for grants.
(i) Office of Science and Technology 300,000
This appropriation is for the
coordination of economic development
assistance in the high technology
industries of medical biotechnology and
software development. The three
complement positions associated with
this appropriation are in the
unclassified service.
(j) Community Development Corporations 500,000
(k) Technology Corridor 6,000,000
The commissioner of economic
development may enter into an agreement
with the city of Minneapolis and the
University of Minnesota to assist the
development of the technology corridor
project established by the city and the
university by providing money for land
acquisition costs, building
construction costs, and venture capital
assistance within the technology
corridor. The purpose of the state
assistance is to promote the
development of technology-related
businesses in Minnesota. The
commissioner may agree to make
installment payments over a specified
number of years. Before executing the
agreement, the commissioner shall
certify that the commissioner has
reviewed the project and finds that the
expenditure of this appropriation is
the most appropriate reasonably
available means of meeting the
objective of promoting the development
of technology-related businesses in
Minnesota. The commissioner may expend
up to $50,000 of this appropriation for
expenses necessary to adequately review
the project. The commissioner may not
execute the agreement until the
commissioner has presented it to the
chairman of the senate finance
committee and the chairman of the house
appropriations committee and the
chairmen have made their advisory
recommendations on it. Failure or
refusal to make a recommendation
promptly is deemed a negative
recommendation.
Of this amount, $1,000,000 shall be
paid to the University of Minnesota for
recurring costs associated with the
supercomputer institute in the
technology corridor, and $1,200,000
shall be expended for 12,000 square
feet of space for the supercomputer
institute. Recurring costs of
$2,600,000 shall be treated as part of
the University of Minnesota budget base
effective July 1, 1985.
(l) Bay Front Development Corporation 150,000
This appropriation is for payment to
the city of Duluth, but is available
only to match contributions received
from nonstate sources in the amount of
$150,000. The state payment shall not
be made until the entire match has been
received.
(m) Manufacturing Growth Council 60,000
Three unclassified positions may be
paid for from this appropriation.
This appropriation is available only to
match contributions by Minnesota
businesses totaling $60,000.
Contributions may be in the form of
cash, equipment, or loaned personnel.
The commissioner of energy and economic
development shall determine the value
of contributions other than cash. None
of this appropriation may be expended
until the entire match has been
committed.
(n) Convention Facilities Commission 250,000
$100,000 is for activities leading to
the selection of a city in which the
convention facility is to be located.
This appropriation is available until
September 11, 1984.
$150,000 is for activities subsequent
to the selection of a city, of which
$100,000 is to be released dollar for
dollar by the commissioner upon
verification of receipt of an equal
amount contributed by the city of
designation. The city may provide the
match from its own revenues or from
nonpublic contributions for this
purpose. This appropriation is
available until June 30, 1985.
The two complement positions associated
with this appropriation are in the
unclassified service.
(o) Waste Tire Recycling 52,000
This appropriation is for establishing
rules, which may include temporary
rules, and paying administrative costs
for waste tire recycling loans and
grants. One of the positions paid for
from this appropriation is in the
unclassified temporary service.
(p) Recycling and Environmental Programs 184,000
The commissioner shall use this money
to encourage recycling, recycling
education, the quality environment
program, and other necessary efforts
for the correction of environmental
blemishes that have a negative impact
on tourism and economic development
within the state. Two of the positions
paid for from this appropriation are in
the unclassified service.
(q) Rough Fish Processing 30,000
This appropriation is to assist in a
market analysis of the potential for
rough fish processing in Minnesota.
The appropriations in this section are
added to the appropriations in Laws
1983, chapter 301, section 28.
(r) Foreign Business Coordination
One position in the unclassified
service is for the coordination of
projects involving foreign businesses.
Sec. 16. STATE PLANNING AGENCY
Approved Complement
General - Add 3
(a) Infrastructure Project 18,000
(b) Interstate Association Dues 55,000
This appropriation is for state
participation in the Upper Mississippi
River Basin Association, the Council of
Great Lakes Governors, and the
Northeast-Midwest Coalition.
(c) Telecommunications Council 250,000
(d) Minnesota Horizons 50,000
The state planning director is
encouraged to seek private donations to
match this appropriation.
(e) Land Management Information System 35,000
This appropriation is for an
archeological information and planning
system. In determining the prime
contractor, the agency shall consider
possible conflict of interest in
regulation and field investigation
activity.
The appropriations in this section are
added to the appropriation made in Laws
1983, chapter 301, section 30.
Sec. 17. WORLD TRADE CENTER BOARD 575,000
Approved Complement - 9
The unexpended balance of
appropriations transferred from the
general contingent account to the
commissioner of agriculture for the
world trade center commission for
fiscal year 1984 is transferred to the
world trade center board for fiscal
year 1985.
Sec. 18. LABOR AND INDUSTRY
Approved Complement
General - Add 3
Special - Add 4
(a) Prevailing Wage Director 35,500
(b) Worker's Compansation
(1) Rehabilitation Services 23,500 131,500
This appropriation is for reduction in
the number of cases pending review
under the administrative conference
procedure. This appropriation is from
the special compensation fund.
(2) State Employee Fund 13,400 173,800
This appropriation is for enhanced
administration of the state employee
revolving fund.
The positions paid for from the special
compensation fund shall be canceled
July 1, 1986, and the approved
complement of the department reduced
accordingly.
The authority of the commissioner of
labor and industry as contained in
sections 144.411 to 144.417 is
transferred to the commissioner of
health. The rules of the department of
labor and industry are repealed and the
rules of the department of health shall
apply.
The appropriations in this section are
added to the appropriation made in Laws
1983, chapter 301, section 32.
Sec. 19. VETERANS AFFAIRS
Approved Complement - Add 53
(a) Veterans benefits 140,000
This appropriation is for emergency
financial and medical needs of
veterans. $10,000 of the appropriation
made in Laws 1983, chapter 301, section
37, for aid pursuant to Minnesota
Statutes, section 197.75, is added to
this appropriation.
The department must develop management
alternatives through which this program
is contained within this appropriation
for the biennium ending June 30, 1985.
(b) Conversion of Building Number 16,
Minneapolis Veterans Home from
Domiciliary to Nursing Care 1,051,300
By September 15, 1984, the department
is instructed to formalize an ongoing
patient review process which assesses
the appropriate level of care needed by
each resident. The department shall
attempt to incorporate the components
of the patient utilization review
process required under medical
assistance.
The commissioner of veterans affairs
shall conduct a survey of state
hospitals and other hospitals, public
and private, in this state, in order to
determine the number of beds in each
hospital that are seldom used and that
might be suitable for use by veterans
needing nursing home care. The
commissioner shall report to the
legislature by January 1, 1985, on the
results of the survey and his
recommendations for possible conversion
of hospital beds to state veterans home
nursing care beds.
The appropriations in this section are
added to the appropriation in Laws
1983, chapter 301, section 37.
Sec. 20. INDIAN AFFAIRS
COUNCIL
Purchase of Indian Burial Grounds 40,000
This appropriation is added to the
appropriation in Laws 1983, chapter
301, section 38.
Sec. 21. HUMAN RIGHTS
Approved Complement
General - Add 24
Federal - Subtract 16
(a) Case Processing 300,000
This appropriation is for increased
enforcement activities to reduce the
number of cases pending within the
department. This appropriation is
added to the appropriation in Laws
1983, chapter 301, section 42.
Two of the positions approved to reduce
the backlog shall be canceled on July
1, 1985, and the approved complement of
the department reduced accordingly.
In preparing the budget for the 1985
legislature, the commissioner shall
report on the advisability of providing
at least one full-time position to the
Duluth office and of providing for
handling complaints on at least a
part-time basis through an office in
Bemidji. The report shall include the
costs associated with adequately
providing service at these locations.
(b) Federal Advance 357,100
This appropriation is to be used by the
commissioner until federal money is
received in payment for work done under
contract with the Equal Employment
Opportunity Commission and the United
States Department of Housing and Urban
Development for the federal fiscal
year. Each quarterly receipt of
federal money shall be credited to a
federal receipt account and then
transferred to the general fund.
It is estimated that $294,600 in
nondedicated contractual receipts from
the federal government will be
deposited in the state general fund in
fiscal year 1985.
If the nondedicated contractual
receipts earned in fiscal year 1985
from the federal government are less
than $294,600 in fiscal year 1985 the
commissioner of finance shall reduce
the appropriation base available to the
department of human rights in the
following fiscal year by the amount of
the difference. Any reduction shall be
noted in the budget document submitted
to the legislature.
Sec. 22. HOUSING FINANCE AGENCY
The appropriations in this section are
for transfer to the housing development
fund.
(a) Tribal Indian Housing Programs 1,750,000
(b) Urban Indian Housing Programs 750,000
In order to qualify for disbursement of
the money appropriated in this section,
proposed urban Indian programs must
provide for the combination of the
appropriated money with other moneys
from either public or private sources
that are specifically designated at the
time of application and that will be
available upon program commencement.
The Minnesota housing finance agency
shall notify qualified applicants to
submit their proposals for utilization
of the appropriation within 90 days
after the date of enactment of this
section. Within 30 days after
notification, the agency shall allocate
this appropriation among the qualified
applicants. If the combined requested
amounts of approved proposals exceed
the amount of this appropriation, the
money shall be allocated among the
applicants on a prorated basis
according to the agency's allocation
percentages for urban Indian programs.
Effective June 30, 1985, the balance of
this appropriation not subject to
active contracts approved by the agency
under qualified urban Indian programs
shall be reallocated by the agency for
the purposes provided in Minnesota
Statutes, sections 462A.07, subdivision
15, and 462A.21, subdivision 4d.
(c) Temporary Housing Demonstration Program 250,000
By March 15, 1985, the housing finance
agency shall report to the legislature
on the temporary housing demonstration
program.
Sec. 23. GENERAL CONTINGENT ACCOUNT
General Contingent Reduction (5,000,000)
This reduction is from the
appropriation in Laws 1983, chapter
301, section 45.
Sec. 24. SALARY SUPPLEMENT
(a) Legislative, Judicial,
Constitutional Officers
Salary Increases 1,019,600
This appropriation is added to
appropriations in Laws 1983 as follows:
Chapter 299, section 37, subdivision 1,
item (b), $15,200
Chapter 299, section 37, subdivision 1,
item (c), $735,900
Chapter 301, section 2, subdivisions 1
and 2, $90,000
Chapter 301, section 2, subdivisions 1
and 3, $178,500
(b) Comparability Adjustments 181,500
This appropriation is added to the
appropriation in Laws 1983, chapter
301, section 55, item (d), Highway User
Tax Distribution Fund.
Sec. 25. [ST. LOUIS COUNTY LAND INVESTMENT BOARD.]
Subdivision 1. [CREATION; MEMBERSHIP.] The St. Louis
county board of land investment consisting of the members of the
St. Louis county board of commissioners is established. The
board of land investment shall have responsibility to accelerate
the county's forestry land management program and to provide
operational support and supervision to a broad range of forest
projects.
Subd. 2. [LAND INVESTMENT DEPARTMENT.] The board of land
investment may establish a land investment department to carry
out the objectives established by the land investment board.
Subd. 3. [ADMINISTRATION.] The department shall be
administered by the land commissioner appointed under Minnesota
Statutes, section 282.13 but shall be separate from the land
department which is also under the direction of the land
commissioner.
Subd. 4. [PURPOSES.] The purposes of the land investment
board are:
(a) to intensify land management activities on county
administered tax forfeited peat and forest lands;
(b) to achieve an intensified land management program by
using the talents of the excess skilled labor available in the
region;
(c) to invest in the economic future of the region by using
the full potential of the land resource;
(d) to conduct, but not be limited to, projects including
peat development, reforestation, timber stand improvement,
timber management, development of recreation and wildlife
facilities, forest road construction, and boundary line and
corner establishment;
(e) to ensure that the projects use the latest state of the
art technology; and
(f) to conduct, contract for, or use joint powers to
accomplish the surveys, studies, or research, as needed to
encourage or test the feasibility of new programs or markets to
use the land resources to their optimum.
Subd. 5. [POWERS.] The board of land investment may:
(a) enter into contracts with or employ technical experts,
agents, and employees, permanent and temporary, as it may
require, and determine their qualifications, duties, and
compensation;
(b) delegate to one or more of its agents or employees the
powers or duties it deems proper;
(c) accept grants, loans, gifts, services, or other
assistance from the federal or state government or any private
individual or organization to accomplish its purposes; and
(d) enter into contracts with individuals or organizations
to perform land management activities, including tract site
preparation, road construction, or maintenance.
Subd. 6. [EMPLOYEES.] The land commissioner may hire
employees with the approval of the land investment board to
carry out the duties of the land investment department.
Notwithstanding Laws 1941, chapter 423, as amended, all
positions created in the land investment department shall be in
the unclassified service and the employees shall serve at the
pleasure of the land investment board. The positions will be
assigned to the collective bargaining unit to which the position
would be assigned if the position were in the classified
service. On January 1, 1988, all the positions shall become
part of the classified service and all persons holding the
positions shall become subject to Laws 1941, chapter 423, as
amended, as though they had been originally appointed to the
classified service. Seniority shall be computed from the date
of employment whether before or after January 1, 1988. Positions
within the land investment department shall continue to be
separate from positions in the St. Louis county land department
for all purposes, including seniority rights.
Subd. 7. [ASSISTANT COMMISSIONER.] Notwithstanding
subdivision 6, the position of assistant commissioner of land
investment shall remain in the unclassified service.
Subd. 8. [TRACTS WITH LOW QUALITY TIMBER.] If the board of
land investment determines that a tract is stocked with
nonindustrial, low quality timber that has little or no value,
Minnesota Statutes, section 282.04, as it relates to timber
sales, shall not apply to land management activities including
site preparation, conducted under the authority of the board.
Subd. 9. [RECEIPTS.] Receipts from salvage materials
generated by site preparation activities conducted under the
authority of this chapter shall be paid into the forfeited tax
sale fund.
Subd. 10. [REQUIREMENT.] This section is not effective
until the governing body of St. Louis County has complied with
Minnesota Statutes, section 645.021, subdivision 3.
Sec. 26. [SALE OF SURPLUS TRAIL LANDS.]
Notwithstanding any contrary provisions relating to sale of
surplus state lands contained in Minnesota Statutes, sections
94.09 to 94.16, lands and interests in lands acquired for trail
purposes located in any of the cities listed in this section,
which are no longer needed for trail purposes, may be declared
surplus and sold to the city in which the land is located by the
commissioner of natural resources for not less than the
appraised value as determined by the commissioner. The cities
within which the lands are located are Madison Lake in Blue
Earth County, Rutledge and Sturgeon Lake in Pine County, and
Thomson in Carlton County. The proceeds from the sales, after
deducting costs of sale in the same manner as permitted in the
sale of surplus lands by Minnesota Statutes, section 94.16,
shall be deposited in the state treasury and credited to the
state bond fund, except for proceeds from the sale of land in
Madison Lake, which shall be credited to the general fund.
Conveyances shall be in a form approved by the attorney general.
Sec. 27. [SALE OF CERTAIN STATE FOREST LAND TRACTS.]
Subdivision 1. Notwithstanding Minnesota Statutes,
sections 94.09 to 94.16, that certain tracts of state forest
land located and described in subdivisions 2 to 4 may be sold by
the commissioner of natural resources or his agent at private
sale at not less than the appraised price as determined by state
appraisers. Conveyance of these tracts shall be on a form
approved by the attorney general.
Subd. 2. That part of the Northeast Quarter of the
Southwest Quarter of Section 13, Township 107 North, Range 8
West, Winona County, Minnesota; Beginning at the Southwest
corner of Lot 28, Block 1 Woodhaven Estates, according to the
recorded plat thereof on file and of record in the Office of
County Recorder, Winona County, Minnesota; thence southerly
deflecting to the right 90 degrees 00 minutes 00 seconds from
the south line of said lot 28 a distance of 62 feet; thence
northeasterly, deflecting to the left 94 degrees 54 minutes 30
seconds a distance of 241.11 feet to the south line of said lot
28; thence westerly deflecting to the left 165 degrees 05
minutes 57 seconds a distance of 233 feet along the south line
of said lot 28 to the point of beginning containing .17 acres.
Subd. 3. That part of the Northwest Quarter of the
Southeast Quarter and the Southwest Quarter of the Southeast
Quarter, Section 10, Township 104 North, Range 4 West, Houston
County, Minnesota, described as follows:
Commencing at a point 12 feet west of the southeast corner
of Lot 7 of Block 12 of the original plat of Manton (now La
Crescent) according to the plat thereof on file and of
record in the office of the Register of Deeds in and for
Houston County; thence southwesterly parallel with the west
right of way line of the Chicago, Milwaukee, St. Paul and
Pacific Railroad Company 380 feet; thence south 30 feet to
said west right of way line; thence south 280.10 feet to
the east right of way line of said railroad company; thence
southwesterly along said east right of way line 275 feet to
a concrete monument which is the point of beginning of Line
1; thence deflect to the left at an angle of 111 degrees 00
minutes 00 seconds and run along said Line 1 to a line
drawn parallel with and distant 500 feet southeasterly of
the center line of the westerly main track of said railroad
company; thence run southwesterly on said 500 foot parallel
line to its intersection with a line drawn parallel with
and distant 600 feet southerly of said Line 1; thence run
westerly on said 600 foot parallel line and its westerly
extension to an intersection with the easterly right of way
line of said railroad company and the point of beginning;
thence deflect to the left 109 degrees 28 minutes 45
seconds a distance of 323.15 feet; thence deflect right 13
degrees 24 minutes 51 seconds a distance of 116.73 feet to
the easterly right of way of said railroad company; thence
northwesterly along said easterly right of way line a
distance of 437.53 feet to the point of beginning;
containing 0.1 acres.
Subd. 4. That part of the East Half of the Northeast
Quarter of the Southwest Quarter, the Northwest Quarter of the
Northeast Quarter of the Southwest Quarter and the Southeast
Quarter of the Northwest Quarter of Section 32, Township 104
North, Range 8 West, Fillmore County, Minnesota, described as
follows:
Commencing at the northwest corner of said East Half of the
Northeast Quarter of the Southwest Quarter; thence on an
assumed bearing of North 89 degrees 03 minutes 59 seconds
East, 84.21 feet along the north line of said East Half of
the Northeast Quarter of the Southwest Quarter to the point
of beginning;
thence South 39 degrees 47 minutes 47 seconds East,
148.84 feet;
thence South 86 degrees 44 minutes 50 seconds West,
354.40 feet;
thence North 03 degrees 48 minutes 58 seconds West,
389.43 feet;
thence South 89 degrees 39 minutes 18 seconds East,
731 feet, more or less, to the center line of County State
Aid Highway 25;
thence southerly along said center line 255 feet, more
or less, to the north line of said East Half of the
Northeast Quarter of the Southwest Quarter;
thence South 89 degrees 03 minutes 59 seconds West,
529.31 feet along the north line of said East Half of the
Northeast Quarter of the Southwest Quarter to the point of
beginning; containing 5.3 acres, more or less.
Sec. 28. [CONVEYANCE OF STATE LANDS TO RENVILLE COUNTY.]
Subdivision 1. [PICNIC GROUNDS AREA OF BIRCH COULEE
BATTLEFIELD STATE HISTORIC SITE.] The director of the Minnesota
historical society shall transfer and convey, by quit claim deed
in the form the attorney general approves, to Renville county
the picnic grounds area of Birch Coulee battlefield state
historic site described in subdivision 2. The conveyance shall
contain a provision that the land shall revert to the state if
the county fails to maintain and operate the area as a public
park without jeopardy to the historical integrity of the
battlefield area.
Subd. 2. [DESCRIPTION.] The land authorized to be conveyed
in subdivision 1 is situated in the state of Minnesota, county
of Renville, and is further described as follows:
All that part of the NW 1/4 of the SW 1/4, Section 20,
Township 113 North, Range 34 West, Renville County lying
East of a line described as follows:
Starting at the West 1/4 corner Section 20 thence East 440'
along the 1/4 line to the point of beginning of a line to
be described; thence S 3°-30' W, 717'; thence S 54°-30' E,
281'; thence S 2°-50' W, 448' to a point on the South line
of the NW 1/4 of the SW 1/4, Section 20 and there
terminating. Said tract contains 25.1 acres, more or less.
Sec. 29. [RESOURCE RECOVERY FACILITIES.]
Subdivision 1. A resource recovery facility that reclaims,
burns, uses, processes, or disposes of more than 1,000 tons
average daily throughput of mixed municipal solid waste may not
be constructed within the boundaries of a city of the first
class having a population in excess of 300,000 unless the city
council approves the construction by a four-fifths vote.
Subd. 2. Provided all environmental laws or regulations
administered by the Minnesota pollution control agency or
federal agencies are followed, and notwithstanding any ordinance
or municipal land use plan to the contrary, Hennepin County may
acquire land and construct one or two resource recovery
facilities, each not to exceed 1,000 tons average daily
throughput within the county; provided however, a resource
recovery facility shall not be built at the "west riverbank"
site in the city of Minneapolis as identified in the final 1983
report of the city-county resource recovery siting committee. In
choosing the two sites, Hennepin County shall fully consult in
good faith with any affected municipality. In selecting sites,
the county board shall evaluate reasonable alternatives for the
resource recovery facilities, including any outside the city of
Minneapolis.
Sec. 30. Minnesota Statutes 1982, section 3.099,
subdivision 2, is amended to read:
Subd. 2. The compensation of each member of the
legislature until the start of the legislative session in 1979
shall be $8,400 per year. Commencing with the start of the
legislative session in 1979, the compensation of each member of
the legislature shall be $16,500 per year. Effective January 1,
1980, the compensation of each member of the legislature will be
$18,500 per year. Commencing with the start of the legislative
session in 1985, the compensation of each member of the
legislature shall be $21,140 per year. Effective January 1,
1986, the compensation of each member of the legislature will be
$22,350 per year.
Sec. 31. Minnesota Statutes 1982, section 3.3005, is
amended to read:
3.3005 [FEDERAL MONEY; EXPENDITURE REVIEW.]
Subdivision 1. As used in this section, the term "state
agency" means all agencies in the executive branch of state
government, but does not include the Minnesota historical
society, the University of Minnesota, state universities, or
community colleges.
Subd. 2. Except as provided in subdivision 4, A state
agency shall not expend money received by it under any federal
law for any purpose unless a request to spend federal money from
that source for that purpose in that fiscal year has been
submitted by the governor to the legislature as a part of his
biennial budget request or as part of a supplementary or
deficiency budget request, or unless specifically authorized by
law or as provided by this section.
Subd. 3. When a request to spend federal money has been
included in the governor's budget or authorized by law as
described in subdivision 2, but the amount of federal money
received will require a state match greater than that included
in the governor's budget request or authorized by law, the
federal money that will require an additional state match shall
not be allotted for expenditure until the state agency has first
presented to the legislative advisory commission a request in
the manner of a budget request and has received the
recommendation of the commission on it. Failure or refusal of
the commission to make a recommendation promptly is deemed a
negative recommendation requirements of subdivision 5 are met.
Subd. 4. If federal money becomes available to the state
for expenditure while the legislature is not in session, and the
availability of money from that source or for that purpose or in
that fiscal year could not reasonably have been anticipated and
included in the governor's budget request, and an urgency
requires that all or a portion of the money be allotted before
the legislature reconvenes, all or a portion of the money may be
allotted to a state agency after it has submitted to the
legislative advisory commission a request in the manner of a
budget request and has received the commission's recommendation
on it. Failure or refusal of the commission to make a
recommendation within 30 days is deemed a negative
recommendation the requirements of subdivision 5 are met.
Subd. 5. Federal money that becomes available under
subdivisions 3 and 4 may not be allotted until the commissioner
of finance has first submitted the request to the
members of the legislative advisory commission for their review
and recommendation for further review. If a recommendation is
not made within ten days, no further review by the legislative
advisory commission is required, and the commissioner shall
approve or disapprove the request. If the recommendation by any
member is for further review the governor shall submit the
request to the legislative advisory commission for its review
and recommendation. Failure or refusal of the commission to
make a recommendation promptly is a negative recommendation.
Sec. 32. Minnesota Statutes 1983 Supplement, section
3.3026, subdivision 5, is amended to read:
Subd. 5. [PUBLICATION.] The legislative reference library
shall prepare a directory by January 1 June 30, 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.
Sec. 33. Minnesota Statutes 1982, section 3.351, is
amended to read:
3.351 [LEGISLATIVE COMMISSION ON ENERGY.]
Subdivision 1. [COMPOSITION.] The legislative commission
on energy is composed of five senators of the majority party and
three senators of the minority party appointed by the
subcommittee on committees of the committee on rules and
administration, and five representatives of the majority party
and three representatives of the minority party appointed by the
speaker of the house. The commission shall be appointed by June
1, 1980. The commission shall elect a chairman from among its
members.
Subd. 2. [GENERAL DUTIES.] The commission shall:
(a) Make a continuing study of matters relating to energy
supply and use in the state;
(b) Identify the potential for enhanced economic growth and
job creation from increased energy efficiency and the production
and utilization of renewable energy systems.
(c) Identify ways to assure the provision of necessary
energy supplies to all Minnesotans;
(d) Coordinate resources and programs on energy
conservation; and
(e) Review overall legislative policy concerning energy;
and
(f) Review and comment on receipt and expenditure of money
received by the state under federal law for energy programs.
Subd. 3. [REVIEW OF PLANS TO RECEIVE AND SPEND FEDERAL
ENERGY MONEY.] The plan for receipt and expenditure of money
resulting from litigation or settlements of alleged violations
of federal petroleum pricing regulations shall be submitted to
the commission for review and comment prior to submission to the
federal government; provided that, if the commission fails to
review and comment within 30 days, the plan may be submitted
without commission review. The commission by resolution may
request the governor or any state agency eligible to receive
money from the federal government for other energy programs to
submit a plan for expenditure to the commission for review and
comment prior to submission to the federal government. If the
governor or the agency is required to submit a request to spend
the money to the legislative advisory commission under section
3.3005, the commission shall forward its comments to the
legislative advisory commission for consideration during its
preparation of a recommendation.
Subd. 4. [ENERGY PLAN; REPORT TO LEGISLATURE.] The
commission shall develop legislative energy plans based on the
provisions of subdivision 2 and consistent with appropriate long
term energy goals for Minnesota. The plans shall be reported to
the legislature no later than February 15 of each year.
Subd. 4 5. [STAFF.] The commission shall use existing
legislative facilities and staff.
Sec. 34. Minnesota Statutes 1982, section 10.12, is
amended to read:
10.12 [UNCOLLECTIBLE DRAFTS CANCELED.]
Subdivision 1. When any draft or account for a sum in
excess of $100 due to the state is found to be uncollectible by
any department, it shall report such fact to the executive
council, and the executive council may cancel such draft or
account upon the approval of the attorney general.
Subd. 2. When any draft or account for a sum of not more
than $100 due to the state is found to be uncollectible by an
agency, the agency head may cancel the draft or account upon the
approval of the attorney general. When drafts or accounts are
canceled under this subdivision the head of the canceling agency
shall send a certified list of them to the commissioner of
finance, who shall enter the cancellations on the department of
finance's records.
Sec. 35. Minnesota Statutes 1982, section 10.14, is
amended to read:
10.14 [CERTIFICATION BY EXECUTIVE SECRETARY.]
When any drafts or accounts are canceled by the executive
council under sections 10.12 to 10.15 the executive secretary
shall make a certified list thereof to the commissioner of
finance and treasurer, whose duty it shall be to cancel the
record thereof in their offices.
Sec. 36. Minnesota Statutes 1982, section 10.15, is
amended to read:
10.15 [TIME OF CANCELLATION.]
No draft or account for a sum in excess of $100 $500 shall
be canceled until more than six three years after the issuance
of such draft or the due date of such account, and nothing in
sections 10.12 to 10.15 shall be construed as a cancellation or
abandonment of the state's claim against the person or
corporation against whom the canceled draft was drawn or account
held, but the state shall nevertheless have authority to make
collection thereof.
Sec. 37. Minnesota Statutes 1983 Supplement, section
10A.04, subdivision 4, is amended to read:
Subd. 4. The report shall include such information as the
board may require from the registration form and the following
information for the reporting period:
(a) The lobbyist's total disbursements on lobbying and a
breakdown of those disbursements into categories specified by
the board, including but not limited to the cost of publication
and distribution of each publication used in lobbying; other
printing; media, including the cost of production; postage;
travel; fees, including allowances; entertainment; telephone and
telegraph; and other expenses;
(b) The amount and nature of each honorarium, gift, loan,
item or benefit, excluding contributions to a candidate, equal
in value to $20 $50 or more, given or paid to any public
official by the lobbyist or any employer or any employee of the
lobbyist. The list shall include the name and address of each
public official to whom the honorarium, gift, loan, item or
benefit was given or paid and the date it was given or paid; and
(c) Each original source of funds in excess of $500 in any
year used for the purpose of lobbying. The list shall include
the name, address and employer, or, if self-employed, the
occupation and principal place of business, of each payer of
funds in excess of $500.
Sec. 38. Minnesota Statutes 1982, section 11A.08,
subdivision 3, is amended to read:
Subd. 3. [OFFICERS; MEETINGS.] The council shall annually
elect a chairman and vice chairman from among its members, and
may elect other officers as necessary. The council shall meet
at least every other month and upon the call of the chairman of
the council or the chairman of the state board.
Sec. 39. [13.88] [COMMUNITY DISPUTE RESOLUTION CENTER
DATA.]
The guidelines shall provide that all files relating to a
case in a community dispute resolution program are to be
classified as private data on individuals, pursuant to section
13.02, subdivision 12, with the following exceptions:
(1) When a party to the case has been formally charged with
a criminal offense, the data are to be classified as public data
on individuals, pursuant to section 13.02, subdivision 15.
(2) Data relating to suspected neglect or physical or
sexual abuse of children or vulnerable adults are to be subject
to the reporting requirements of sections 626.556 and 626.557.
Sec. 40. Minnesota Statutes 1983 Supplement, section
15A.081, subdivision 1, is amended to read:
Subdivision 1. The governor shall set the salary rate
within the ranges listed below for positions specified in this
subdivision, upon approval of the legislative commission on
employee relations and the legislature as provided by section
43A.18, subdivisions 2 and 5:
Salary Range
Effective
July 1, 1983
Commissioner of education; $57,500-$70,000
Commissioner of finance;
Commissioner of transportation;
Commissioner of public welfare;
Chancellor, community college system;
Chancellor, state university system;
Director, vocational technical
education
Executive director, state board of
investment;
Commissioner of administration; $50,000-$60,000
Commissioner of agriculture;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of economic security;
Commissioner of employee relations;
Commissioner of energy and economic
development;
Commissioner of health;
Commissioner of labor and industry;
Commissioner of natural resources;
Commissioner of revenue;
Commissioner of public safety;
Chairperson, waste management board
Chief hearing examiner; office of
administrative hearings;
Director, pollution control agency;
Director, state planning agency;
Executive director, higher education
coordinating board;
Executive director, housing finance
agency;
Executive director, teacher's
retirement association;
Executive director, state retirement
system;
Commissioner of human rights; $40,000-$52,500
Director, department of public service;
Commissioner of veterans' affairs;
Executive director, educational
computing consortium;
Executive director, environmental
quality board;
Director, bureau of mediation services;
Commissioner, public utilities commission;
Member, transportation regulation board;
Chairperson, waste management board;
Director, zoological gardens.
Sec. 41. Minnesota Statutes 1983 Supplement, section
15A.081, subdivision 6, is amended to read:
Subd. 6. The following salaries are provided for the
constitutional officers of the state:
Effective Effective
July 1 January 1
1983 1985
Governor $75,000 $84,560
Attorney general 62,500 66,060
Lieutenant governor 44,000 46,510
Auditor 48,000 50,740
Secretary of state 44,000 46,510
Treasurer 44,000 44,000
The salaries of the chief deputy attorney general, deputy
auditor, deputy secretary of state and deputy treasurer shall be
set by their superior constitutional officer and may be up to 95
percent of the salaries of their respective superior
constitutional officers.
Sec. 42. Minnesota Statutes 1983 Supplement, section
15A.082, is amended to read:
15A.082 [COMPENSATION COUNCIL.]
Subdivision 1. [CREATION.] A compensation council is
created each even-numbered year to assist the legislature in
establishing the compensation of constitutional officers,
members of the Minnesota legislature, justices of the supreme
court, and judges of the court of appeals, district court,
county court, and county municipal court.
Subd. 2. [MEMBERSHIP.] The compensation council consists
of 16 members: two members of the house of representatives
appointed by the speaker of the house of representatives; two
members of the senate appointed by the majority leader of the
senate; one member of the house of representatives appointed by
the minority leader of the house of representatives; one member
of the senate appointed by the minority leader of the senate;
two nonjudges appointed by and serving at the pleasure of the
chief justice of the supreme court; and one member from each
congressional district appointed by and serving at the pleasure
of the governor, of whom no more than four may belong to the
same political party. The compensation and removal of members
appointed by the governor or the chief justice shall be as
provided in section 15.059, subdivisions 3 and 4. The
legislative coordinating commission shall provide the council
with administrative and support services.
Subd. 3. [SUBMISSION OF PLAN RECOMMENDATIONS.] By January
1, 1984 in each odd-numbered year, the compensation council
shall submit to the speaker of the house of representatives and
the president of the senate recommended salary plans
recommendations for constitutional officers, legislators,
justices of the supreme court, and judges of the court of
appeals, district court, county court, and county municipal
court. Unless the plans for constitutional officers and
legislators are expressly modified or rejected in a bill passed
by the legislature and signed by the governor, the salary plans
shall take effect on January 1, 1985 if prior to that date an
appropriation of funds to pay salaries as recommended in the
plan is enacted. Unless the plan for judges is expressly
modified or rejected in a bill passed by the legislature, the
plan shall take effect on July 1, 1984, if the legislature
appropriates funds to pay the salaries proposed in the plan.
The recommended salary adjustments must occur only once, on the
effective date of the plan. They may not include periodic
adjustments. The salary recommendations for legislators,
judges, and constitutional officers take effect on the first
Monday in January of the next odd-numbered year, if an
appropriation of money to pay the recommended salaries is
enacted after the recommendations are submitted and before their
effective date. Recommendations may be expressly modified or
rejected by a bill enacted into law. The salary plan
recommendations for legislators shall be are subject to
additional terms that may be adopted according to section 3.099,
subdivisions 1 and 3.
Subd. 4. [CRITERIA.] In making compensation
recommendations, the council shall consider the amount of
compensation paid in government service and the private sector
to persons with similar qualifications, the amount of
compensation needed to attract and retain experienced and
competent persons, and the ability of the state to pay the
recommended compensation. In making recommendations for
legislative compensation, the council shall also consider the
average length of a legislative session, the amount of work
required of legislators during interim periods, and
opportunities to earn income from other sources without
neglecting legislative duties.
Subd. 5. [CONFLICTS.] Salaries established by the
legislature under the procedures specified in subdivision 3
shall take precedence over salaries listed in Minnesota
Statutes, sections 3.099, 15A.081, and 15A.083 in the event of
conflict.
Subd. 6. [EXPIRATION.] The Each compensation council shall
expire on June 30, 1984 upon submission of the recommendations
required by subdivision 3.
Sec. 43. Minnesota Statutes 1983 Supplement, 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,
1983 1984
January 1,
1985
(1) Chief justice of the
supreme court $70,000 $73,700
(2) Associate justice of
the supreme court 65,000 $68,400
3) Chief judge of the
court of appeals 62,500 $65,800
(4) Judge of the
court of appeals 60,000 $63,100
(5) District judge,
judge of county court
probate court, and
county municipal court 55,000 $60,500
Sec. 44. Minnesota Statutes 1982, section 16.02, is
amended by adding a subdivision to read:
Subd. 30. [ENERGY CONSERVATION INCENTIVES.] Notwithstanding
any other law to the contrary, fuel cost savings resulting from
energy conservation actions shall be available at the managerial
level at which the actions took place for expenditure for other
purposes within the biennium in which the actions occur or in
the case of a shared savings agreement for the contract period
of the shared savings agreement. For purposes of this
subdivision "shared savings agreement" means a contract meeting
the terms and conditions of subdivision 29.
Sec. 45. Minnesota Statutes 1982, section 16.026,
subdivision 3, is amended to read:
Subd. 3. [PRESCRIBE FEES.] The commissioner of
administration may prescribe a schedule of fees to be charged
for services rendered by the state or any department or agency
thereof in furnishing to applicants therefor certified copies of
records or other documents, certifying as to the nonexistence of
such records or documents, and for such other reports,
publications, or related material as may be applied for. The
fees so prescribed by the commissioner of administration, unless
the same are otherwise prescribed by law, shall be in an amount
as nearly as may be to the fees prescribed by chapter 357, for
like or similar services; if there are no fees so prescribed by
said chapter for a like or similar service, then the
commissioner may establish a fee which shall be commensurate
with the cost of furnishing such service may be fixed at the
market rate. The commissioner of finance shall approve the
estimated market rates if the resulting fees, in total, are
estimated to produce receipts in the appropriate fund greater
than costs. Nothing herein contained shall authorize the
commissioner of administration to furnish any service which is
now prohibited or unauthorized by law.
Sec. 46. Minnesota Statutes 1982, section 16.026,
subdivision 7, is amended to read:
Subd. 7. [RULES.] The powers conferred herein to the
commissioner of administration are in addition to those powers
and duties prescribed by section 16.02. The commissioner of
administration shall promulgate rules and regulations for the
purposes of carrying out the duties herein imposed upon him,
except for prescribing the schedule of fees, but no such rule or
regulation shall in any way limit the subject matter of any
report or publication of any department or agency required to be
made or authorized by law.
Sec. 47. Minnesota Statutes 1982, section 16.081, is
amended to read:
16.081 [CITATION AND PURPOSE.]
Sections 16.081 to 16.086 may be cited as the "Minnesota
small business procurement act." These sections prescribe
procurement practices and procedures to assist in the economic
development of small businesses and small businesses owned and
operated by socially or economically disadvantaged persons.
Sec. 48. Minnesota Statutes 1983 Supplement, section
16.083, is amended to read:
16.083 [PROCUREMENT DESIGNATION OF PROCUREMENTS FROM SMALL
BUSINESSES.]
Subdivision 1. [SMALL BUSINESS AND MINNESOTA CORRECTIONAL
INDUSTRIES SET-ASIDES PROCUREMENTS.] The commissioner of
administration shall for each fiscal year designate and set
aside for awarding to ensure that small businesses and Minnesota
correctional industries receive a total of approximately at
least 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
the annual designation of set-aside such 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 are obtained each year, and
(2) to designate set-aside small business procurements in a
manner that will encourage proportional distribution of
set-aside such 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 designate 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.
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 at
least 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. At least six percent of all these procurements for
consultant services or professional or technical services shall
be set aside for small businesses owned and operated by socially
or economically disadvantaged persons.
Subd. 2. [NEGOTIATED PRICE OR BID CONTRACT.] The
commissioner may elect to use either a negotiated price or bid
contract procedure as may be appropriate in the awarding of a
procurement contract under the set-aside or preference program
established in sections 16.081 to 16.086. The amount of an
award shall not exceed by more than five percent the
commissioner's estimated price for the goods or services, if
they were to be purchased on the open market and not under this
set-aside program. Surety bonds guaranteed by the federal small
business administration and second party bonds shall be
acceptable security for a construction award under this section.
Subd. 3. [DETERMINATION OF ABILITY TO PERFORM.] Before
announcing a set-aside making an award under the set-aside or
preference programs for small businesses owned and operated by
socially or economically disadvantaged persons, 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.
Subd. 4. [PREFERENCE TO AND SET-ASIDE PROGRAM FOR SMALL
BUSINESSES OWNED AND OPERATED BY SOCIALLY OR ECONOMICALLY
DISADVANTAGED PERSONS.] At least 24 six percent of the value of
the all procurements designated for set-aside awards shall be
awarded set-aside, if possible, for award to businesses owned
and operated by socially or economically disadvantaged persons.
In addition, three percent of the value of all procurements
shall be designated for award under the preference program
provided for below. 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. The
commissioner may allow small businesses owned and operated by
socially or economically disadvantaged persons a five percent
preference in the bid amount on selected state procurements. The
commissioner may promulgate rules relative to the set-aside and
preference programs provided for in this subdivision. In the
event small businesses owned and operated by socially or
economically disadvantaged persons are unable to perform at
least 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 three-tenths of one
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 or
preference advantages for that fiscal year.
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 or to be
performed.
This subdivision does not apply to prime contractors that
are themselves small businesses owned and operated by socially
or economically disadvantaged persons, as duly certified
pursuant to section 16.085.
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.
Subd. 5. [RECOURSE TO OTHER BUSINESSES.] In the event that
subdivisions 1 to 4b 4a 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 4b 4a.
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 designated 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. 49. Minnesota Statutes 1983 Supplement, section
16.28, subdivision 2, is amended to read:
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. If an agency plan does not provide for making the ten
percent of purchases required, it must submit to the
commissioner written evidence of the agency's good faith effort
to locate vendors that are businesses owned and operated by
socially or economically disadvantaged persons. The
commissioner of administration may promulgate temporary rules
that will define, for purposes of this section, what constitutes
a "good faith effort." Before the commissioner approves any
agency plan that provides for less than ten percent purchases
from socially and economically disadvantaged vendors, the plan
must be provided to the small business advisory council for its
review;
(3) (2) 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) (3) 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. 50. Minnesota Statutes 1982, section 16.80,
subdivision 1, is amended to read:
Subdivision 1. All fees prescribed pursuant to section
16.026, subdivision 3, for the rendering of the services therein
provided shall be deposited in the state treasury by the
collecting department or agency and credited to the general
services revolving fund.
All moneys in the state treasury credited to the general
services revolving fund and any moneys which may hereafter be
deposited therein are appropriated annually to the commissioner
of administration for the following purposes:
(a) The operation of a central store and equipment service;
(b) The operation of a central duplication and reproduction
service;
(c) The purchase of postage and related items, and the
refund of postage deposits, necessary to the operation of a
central mailing service;
(d) The operation of a documents service as prescribed by
section 16.026;
(e) The performing of services for any other state
department or agency. Money shall be expended for this purpose
only when directed by the governor. The department or agency
receiving the services shall reimburse the fund for their cost,
and the commissioner shall make the appropriate transfers when
requested. The term "services" as used in this clause means
compensation paid officers and employees of the state
government; supplies, materials, equipment and other articles
and things used by or furnished to any department or agency of
the state government; and utility services, including telephone,
telegraph, postal, electric light and power, and other services
for the maintenance, operation and upkeep of buildings and
offices of the state government. All moneys in the computer
services revolving fund are appropriated annually to the
commissioner of administration for the operation of the division
of computer services.
Except as specifically provided for by other statutory
provisions, each department or agency shall reimburse the
computer services and general services revolving funds for the
cost of all services, supplies, materials, labor and
depreciation of equipment including reasonable overhead costs
which the commissioner of administration is authorized and
directed to furnish a department or agency. The cost of all
publications or any other materials which may be produced by the
commissioner of administration and financed from the general
services revolving fund shall include reasonable overhead
costs. The commissioner of finance shall make appropriate
transfers to the revolving funds described in this section when
requested by the commissioner of administration. The
commissioner of administration may make allotments,
encumbrances, and, with the approval of the commissioner of
finance, disbursements in anticipation of such transfers. In
addition, the commissioner of administration, with the approval
of the commissioner of finance, may require a department or
agency to make advance payments to any of the aforesaid
revolving funds sufficient to cover the department's or agency's
estimated obligation for a period of at least 60 days. All such
reimbursements and any other moneys received by the commissioner
of administration under this section shall be deposited in the
appropriate revolving fund. Earnings in the fund established to
account for the documents service prescribed by section 16.026
at the end of a fiscal year, not otherwise needed for present or
future operations, as determined by the commissioners of
administration and finance, shall be transferred to the general
fund.
Sec. 51. Minnesota Statutes 1982, section 16A.04,
subdivision 1, is amended to read:
Subdivision 1. The department of finance shall prepare a
biennial budget and a ten four year cash receipts and
disbursement projection in consultation with the commissioner of
administration projections on revenues and expenditures under
the supervision of the governor. In even numbered years
immediately before the inauguration of a new governor, such the
budget and a ten four year cash receipts and disbursement
projection projections on revenues and expenditures shall be
prepared under the supervision of the governor-elect.
Sec. 52. Minnesota Statutes 1982, section 16A.04,
subdivision 4, is amended to read:
Subd. 4. The department commissioner of finance may make
rules and regulations governing the powers, duties, and
responsibilities transferred given to it the department of
finance or the commissioner under the terms of Laws 1973,
Chapter 492 state law.
Sec. 53. Minnesota Statutes 1982, section 16A.06, is
amended to read:
16A.06 [OTHER POWERS.]
The commissioner of finance:
(1) Shall require each department in the executive branch
to prepare financial reports in such form, and to be made at
such intervals, as he may prescribe which will permit
administrative and legislative comparisons of spending plans in
relation to appropriations for programs and activities;
(2) Shall formulate and prescribe a system of measuring the
effect of fund expenditures which will permit the evaluation and
comparisons of the cost of functions or programs;
(3) Shall require each department to state in writing
objectives of each activity or function authorized against which
performance may be measured. The objectives shall be specific
as to amount and time and for a period including the current and
the following biennium and reported at such times and in such
form as the commissioner shall direct;
(4) Shall require the department of revenue and other
departments in the executive branch to report at his designated
intervals concerning estimates of income and receipts whether
from taxes or otherwise, and use such information in evaluating
the financial condition and affairs of the state;
(5) Shall make such reports concerning the financial
affairs of the state as the governor or the commissioner of
administration may direct in addition to such reporting as may
be otherwise prescribed by law;
(6) Shall require such reports and other information of the
state treasurer and other departments and agencies in the
executive branch as will permit formulation of policy on all
fiscal and financial matters of state government.
Sec. 54. Minnesota Statutes 1982, section 16A.065, is
amended to read:
16A.065 [ADVANCE PAYMENTS AND DEPOSITS.]
Notwithstanding any other law to the contrary, the
commissioner of finance may allow advance deposits or payments
by any department for the procurement of software or software
maintenance services for state-owned or leased electronic data
processing equipment and for newspaper, magazine, and other
subscription fees customarily paid for in advance.
Sec. 55. Minnesota Statutes 1983 Supplement, 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 forest
lands 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 year, 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 year 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. 56. Minnesota Statutes 1982, section 16A.125,
subdivision 6, is amended to read:
Subd. 6. The term "state trust fund lands," as used in
this section, means any state school lands or other public lands
subject to trust provisions under the state constitution.
Beginning July 1, 1955, the commissioner of finance and the
state treasurer shall keep a separate account of all receipts
derived from the royalties on, or the sale or lease of, any
minerals from such trust fund lands to be known as the state
lands and minerals 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 year after July 1, 1955, the commissioner of finance,
upon the information supplied by the commissioner of natural
resources, which the commissioner of natural resources is
herewith directed to furnish, shall determine and certify to the
commissioner of finance and the state treasurer the total costs
incurred by the state during such quarter year under
appropriations heretofore made for the administration and
management of such trust fund lands by the division of lands and
forestry, or any other agency so administering and managing,
specifying the trust funds interested in such lands,
respectively.
As soon as practicable after the end of each fiscal year
beginning with the year ending June 30, 1956, the commissioner
of finance and the state treasurer shall distribute the receipts
credited to the state lands and minerals suspense account during
such fiscal year as follows:
All of the costs incurred by the state for the purposes
aforesaid during such fiscal year and certified as hereinbefore
provided, shall be transferred to the general fund as
reimbursement for appropriations heretofore made for the
purposes aforesaid. The balances of said receipts shall be
transferred to the state trust funds concerned in accordance
with their respective interests in the minerals from which the
receipts were derived.
Sec. 57. Minnesota Statutes 1983 Supplement, 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 all departments and agencies
which are attributable to the provision of services to any other
state agency; except as prohibited by federal law, "statewide
indirect costs" these operating costs include all operating
their proportionate share of costs incurred by the legislative
and judicial branches of state government;
(d) "Commissioner" means the commissioner of finance.
Sec. 58. Minnesota Statutes 1982, section 16A.13,
subdivision 1, is amended to read:
Subdivision 1. [CREATION TREASURER AS CUSTODIAN; BOND.]
There is hereby created and established the Victory Tax Fund in
which shall be deposited all deductions made pursuant to this
section. The state treasurer shall be ex-officio is the
custodian of all moneys deposited with him to the credit of the
victory tax fund and his general for federal tax withheld from
the pay of any officer or employee of the state of Minnesota.
The treasurer's bond to the state shall cover all the liability
for his the custodian's acts as custodian thereof. Such moneys
shall be The deposits are subject to all provisions of law
governing the laws on keeping and disbursement of paying out
state moneys, so far as applicable, except as otherwise herein
provided money.
Sec. 59. Minnesota Statutes 1982, section 16A.13,
subdivision 2, is amended to read:
Subd. 2. [COMMISSIONER TO ACT AS FEDERAL AGENT FOR THE
UNITED STATES.] The commissioner of finance is authorized and
empowered to may cooperate with and act as agent for the United
States of America in the collection of any collecting federal
tax now or hereafter imposed by the United States of America
upon any officer or employee of the state of Minnesota or his
salary or wages which is to be collected by withholding it from
the salary or wages of the officer or employee from the pay of
employees. The head of each department of the state
commissioner of finance is hereby required to cause such tax to
be withheld by causing the necessary deduction to be made from
the salary or wages of each of said persons on every payroll
abstract and to approve one voucher warrant payable to the state
treasurer, custodian, victory tax fund, for the aggregate amount
so deducted from the salaries or wages covered by said payroll
abstract, provided that deductions from salaries or wages of
officers or employees paid direct by any institution or agency
of the state shall be made by the officer or employee authorized
by law to pay such salaries or wages. Whenever an error has
been made with respect to a deduction hereunder, proper
adjustment shall be made by decreasing or increasing subsequent
deductions. All warrants and checks for deductions hereunder
shall be remitted promptly to the state treasurer who shall
deposit the amount thereof to the credit of the victory tax
fund. The money so deposited with the state treasurer shall be
paid out upon authorization of the commissioner of finance by
state warrant payable to the proper federal authority or such
other person as may be authorized by law of the United States of
America to receive the same. Such portion of said fund as may
be The money necessary to discharge the obligation of the State
of Minnesota to the United States of America now or hereafter
imposed by any law of the United States of America requiring
deductions from salaries or wages is hereby appropriated for
such purpose.
Sec. 60. Minnesota Statutes 1982, section 16A.131,
subdivision 1, is amended to read:
Subdivision 1. Every officer and employee of the state may
purchase and pay for bonds, stamps, and other securities issued
by the federal government by directing in writing to the
appropriate officer of the department where he is employed that
deductions of the amount specified by him be made from his
salary. The head of each department of the state commissioner
of finance is hereby required to cause such deduction to be made
from the salary of each said persons on every payroll abstract
and to approve one voucher warrant payable to the state
treasurer for the aggregate amount so deducted from the salaries
covered by said payroll abstract, provided that deductions from
salaries of officers or employees paid direct by any institution
or agency of the state shall be made by the officer or employee
authorized by law to pay such salaries, and remitted by him to
the director by check payable to the state treasurer with a
statement showing the amount of each of such deductions and the
names of the officers and employees on whose account the same
have been made. The money so deposited with the state treasurer
shall be paid out on authorization of the governor commissioner
by state warrant payable to the proper federal authority or to
the officer or employee from whose salary the money was
deducted, as the case may require.
Sec. 61. Minnesota Statutes 1982, section 16A.14,
subdivision 2, is amended to read:
Subd. 2. [FUNDS TO WHICH SYSTEM APPLIES.] Except as
otherwise expressly provided therein, the provisions of this
chapter relating to the allotment system and to the encumbering
of funds shall apply to appropriations and funds of all kinds,
including standing or annual appropriations and dedicated funds
from which expenditures are to be made, from time to time, by or
under the authority of any agency, but shall not apply to
appropriations for the courts or the legislature, nor to payment
of unemployment compensation benefits nor to the funds deposited
in the state treasury for disbursement by the commissioner of
transportation when acting as the agent of a political
subdivision pursuant to law. In the case of construction or
other permanent improvement contracts and transactions for the
acquisition of real estate, equipment, repair, rehabilitation,
appurtenances or utility systems to be used for public purposes,
where periodical allotments are impracticable, the commissioner
may dispense therewith and prescribe such regulations as will
insure proper application and encumbering of funds. Contingent
funds appropriated for the governor or the attorney general
shall not be subject to the provisions thereof relating to
allotment, but shall be subject to the other provisions thereof
relating to expenditure and encumbering of funds.
Sec. 62. Minnesota Statutes 1982, section 16A.28, is
amended to read:
16A.28 [APPROPRIATIONS TO REVERT TO STATE TREASURY.]
Except as specifically provided for in appropriation acts,
every appropriation or part thereof of any kind hereafter made
subject to the provisions of this section remaining unexpended
and unencumbered at the close of any fiscal year shall lapse and
the commissioner shall cause same to be returned to the fund
from which such appropriation was made; provided, that the
commissioner, with the approval of the governor, may reinstate a
lapsed appropriation within three months after the date the
appropriation lapsed. An appropriation reinstated pursuant to
this section shall lapse no later than three months after the
date the appropriation has lapsed. No payment may be made
pursuant to a reinstated appropriation except as provided under
section 16A.15, subdivision 3. Notwithstanding the foregoing,
an appropriation for construction or other permanent improvement
shall not lapse until the purposes for which the appropriation
was made shall have been are determined by the commissioner of
finance, after consultation with the affected agencies, to be
accomplished or abandoned unless such appropriation has stood
during the entire fiscal biennium without any expenditure
therefrom or encumbrances thereon.
On October 16 By September 1 of each year all allotments
and encumbrances for the preceding fiscal year shall be
cancelled unless an agency certifies to the commissioner that
there is an encumbrance incurred pursuant to law for services
rendered or goods ordered in the preceding fiscal year. The
commissioner may reinstate that portion of the cancellation
needed to meet the certified encumbrance or he may charge the
certified encumbrance against the current year's appropriation.
Except as otherwise expressly provided by law, the
provisions of this section shall apply to every appropriation of
a stated sum for a specified purpose or purposes heretofore or
hereafter made, but shall not, unless expressly so provided by
law, apply to any fund or balance of a fund derived wholly or
partly from special taxes, fees, earnings, fines, federal
grants, or other sources which are by law appropriated for
special purposes by standing, continuing, or revolving
appropriations.
Sec. 63. Minnesota Statutes 1983 Supplement, section
16A.36, is amended to read:
16A.36 [GRANTS FROM AND ADVANCES TO UNITED STATES, USE.]
Subdivision 1. [USE OF GRANTS.] All funds Money received
by the state from the federal 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 federal assistance
shall be used solely for the purpose for which the grant was
made money is received. Any If required by the proper federal
authorities, interest or income arising from the funds so
granted shall money received may be credited by the state
treasurer commissioner of finance to the particular account for
which the grant was made money is received and used solely for
the purpose of that grant federal assistance program, or may be
repaid to the United States federal treasury if the proper
authorities or the government of the United States so require,
or otherwise. If not so required, the interest or income shall
be credited to the general fund or to another fund authorized to
receive the interest or income.
Subd. 2. [RECIPROCAL INTEREST POLICY.] The commissioner of
finance may, by agreement with the proper federal authorities,
establish an equitable policy providing for the state to pay
interest on undisbursed federal money, and providing for the
federal government to pay interest to the state on state funds
advanced for a federal assistance program.
Sec. 64. Minnesota Statutes 1982, section 16A.45, is
amended to read:
16A.45 [OUTSTANDING UNPAID WARRANTS, CANCELATION.]
Subdivision 1. [CANCEL; CREDIT.] At the beginning of Once
each fiscal year the commissioner of finance and the state
treasurer shall cancel upon their books all outstanding unpaid
commissioner of finance's warrants, except warrants issued for
the medical assistance program, that have been issued and
delivered for more than six five years prior to that date and
credit to the general fund the respective amounts of the
canceled warrants. Once each fiscal year the commissioner of
finance and the state treasurer shall cancel upon their books
all outstanding unpaid commissioner of finance's warrants issued
for the medical assistance program that have been issued and
delivered for more than one year and credit to the general fund
and the appropriate account in the federal fund, the amount of
the canceled warrants.
Subd. 2. [PRESENTMENT OF CANCELED WARRANT.] When any a
canceled warrant is presented for payment it shall be taken up
by the commissioner and a new warrant for the same amount,
payable to the lawful holder thereof, but bearing a current
number, shall be issued against the general fund from which the
amount necessary to pay the new warrant is hereby appropriated
paid by the state treasurer and charged by the commissioner of
finance to the fund credited with the amount of the canceled
warrant.
Subd. 3. [APPROPRIATION.] The amounts needed to pay
canceled warrants presented for payment are appropriated from
the charged funds to the commissioner of finance.
Sec. 65. [16C.01] [MINNESOTA TELECOMMUNICATIONS COUNCIL.]
Subdivision 1. [POLICY.] The legislature finds that
telecommunications and information communication technologies
involving Minnesota citizens, businesses, units of government,
and educational institutions constitute an increasingly
important aspect of life in the state. Minnesota should take
full advantage of the emerging high technology advances in
communications to spur both rural and urban economic
development. Therefore, it is in the public interest for
Minnesota to promote coordination and to establish leadership in
the use of advanced telecommunications resources in the public
and private sectors.
Subd. 2. [CREATION; MEMBERSHIP.] The Minnesota
telecommunications council is created in the executive branch.
The council consists of 23 members, as follows:
(1) four members, appointed by the governor, representing
elementary and secondary education, vocational technical
education, public and private higher education, and librarians;
(2) four members, appointed by the governor, representing
state agencies;
(3) the chair of the public utilities commission, or a
designee of the chair;
(4) the chair of the cable communications board, or a
designee of the chair;
(5) one member appointed by and serving at the pleasure of
the chief justice of the supreme court;
(6) two members, appointed by the governor, representing
the telecommunications industry and two members, appointed by
the governor, of labor organizations which represent
telecommunications workers;
(7) two public members, appointed by the governor, who are
not employed in the telecommunications industry; and
(8) six members appointed by the governor from the general
public. In making these appointments the governor shall seek to
include, but is not limited to, persons who represent private
sector businesses, public broadcasting, commercial broadcasting,
nonbroadcast communication systems, and local and regional
government. The governor shall attempt to appoint persons who
represent various geographical regions of the state.
Subd. 3. [TERMS OF MEMBERSHIP APPOINTED BY GOVERNOR;
COMPENSATION.] Terms and compensation of members are governed by
section 15.059, but the provisions of that section governing
expiration of advisory groups do not apply to this council.
Subd. 4. [STAFF.] The council shall hire an executive
director who shall serve in the unclassified service. The
council may hire or contract for other staff.
Subd. 5. [DUTIES.] The council has the following duties:
(1) advise the governor, the legislature, state agencies,
institutions of higher education, and political subdivisions on
matters of telecommunications policy that may affect the state
and its citizens;
(2) foster and stimulate the use of telecommunications
services and systems by public agencies for the improvement of
the performance of governmental functions;
(3) serve as a clearinghouse of information for the public
and private sector about innovative projects, programs, or
demonstrations in telecommunications;
(4) assist in the development of state plans for
development of telecommunication systems, both public and
private;
(5) serve as a means of acquiring governmental and private
funds for use in the development of services through
telecommunications;
(6) review, assess, and report to the governor and the
legislature annually on the telecommunications needs and
services of state and local government, and on effectiveness of
state laws relating to telecommunications;
(7) study and evaluate all existing or proposed laws
pertinent to the council's duties at all levels of federal,
state and local government affecting telecommunications
policies, services, and systems, including the relationship of
current regulatory structures to new telecommunications
technology, and advise the appropriate officials on any needed
improvements;
(8) make recommendations regarding the development of
coordinated telecommunications networks in the state; and
(9) survey existing telecommunication providers and users
to determine if existing services must be improved to meet state
economic development goals. In performing this duty the council
shall make use of existing surveys and resources.
The council may accept gifts and grants in furtherance of
the purposes of this section.
Sec. 66. Minnesota Statutes 1982, section 17.03, is
amended by adding a subdivision to read:
Subd. 5. [INTERNATIONAL INVESTMENT.] The commissioner may
create a program to assess the potential of international
investment in Minnesota and promote international investment
that results in the infusion of new capital and the creation of
new jobs to the benefit of the state.
Sec. 67. [TRANSFER.]
The duties of the export information office under Minnesota
Statutes 1983 Supplement, section 17.106, except subdivision 2,
clause (3), are transferred under Minnesota Statutes, section
15.039 to the world trade center board, except that no
appropriations or positions are transferred. The commissioner
of agriculture shall cooperate fully with the board until this
transfer is accomplished.
Sec. 68. Minnesota Statutes 1982, section 43A.30, is
amended by adding a subdivision to read:
Subd. 4. The commissioner of employee relations may direct
that all or a part of the amounts paid for life insurance and
hospital, medical, and dental benefits coverage for eligible
employees and other eligible persons be deposited by the state
in a separate fund in the state treasury, from which the
approved claims of eligibles are to be paid. Investment income
and investment losses attributable to the investment of the
separate fund shall be credited to the fund. There is
appropriated from the separate fund to the commissioner of
finance amounts needed to pay the approved claims of eligibles,
related service charges, insurance premiums, and refunds.
Sec. 69. Minnesota Statutes 1982, section 43A.27, is
amended by adding a subdivision to read:
Subd. 5. [EMPLOYEES OF EXCLUSIVE REPRESENTATIVES.] Upon
request of an exclusive representative of state employees listed
in section 179.741, subdivision 1, those employees of exclusive
representatives whose duties involve representing state
employees for at least 75 percent of their time and their
dependents may elect to enroll at their own expense in the
appropriate life insurance, hospital, medical and dental
benefits, and optional coverages at the time, in the manner, and
under the conditions of eligibility the commissioner prescribes
and otherwise approves.
Sec. 70. [44A.01] [WORLD TRADE CENTER BOARD.]
Subdivision 1. [MEMBERSHIP.] (a) A world trade center
board is created to facilitate and support Minnesota world trade
center programs and services and promote the growth of
international trade in Minnesota. The world trade center board
consists of nine voting members and four legislators serving as
nonvoting members. Three members are representatives of the
membership of the Minnesota world trade center, one member is a
representative of the international business community, and one
member is a representative of the agricultural community.
(b) The initial voting members are appointed by the
governor with the advice and consent of the senate for a term
expiring the first Monday in January 1987. A vacancy is filled
in the same manner as the appointment.
(c) Legislator members are two members of the senate
appointed under the rules of the senate and two members of the
house of representatives appointed by the speaker. Except for
the initial members, who are to be appointed following
enactment, they are appointed at the beginning of each regular
session of the legislature for two-year terms. A legislator who
remains a member of the body from which he was appointed may
serve until a successor is appointed and qualifies. A vacancy
in a legislator member's term is filled for the unexpired
portion of the term in the same manner as the original
appointment.
Subd. 2. [TERMS; COMPENSATION; REMOVAL.] Except as
provided in this section, terms, compensation, and removal of
members who are not legislators are as provided in section
15.059.
Subd. 3. [ORGANIZATION.] The chair of the world trade
center board is selected by the board members.
Sec. 71. [44A.02] [EXECUTIVE DIRECTOR.]
Subdivision 1. [SELECTION.] The executive director of the
world trade center board is selected by a majority of the board
and serves at the pleasure of the board. The executive director
must be familiar with the international business community, and
have demonstrated proficiency in communication skills,
administration and management, and public and private joint
ventures. The salary of the executive director is set by the
board within the limit set by sections 15A.081, subdivision 1,
and 43A.17.
Subd. 2. [DUTIES.] The executive director is the chief
administrative officer of the board and is responsible for
performing the executive duties of the board. The executive
director is not a member of the board.
Subd. 3. [EMPLOYEES.] The executive director may appoint
unclassified employees in accordance with chapter 43A and
prescribe their duties. The executive director may delegate to
a subordinate the exercise of specified statutory powers or
duties as the executive director deems advisable, subject to the
control of the executive director.
Sec. 72. [44A.03] [WORLD TRADE CENTER FUND.]
There is established in the state treasury a world trade
center fund. All money collected and gifts received by the
world trade center board shall be deposited in the fund. Money
in the fund including interest earned is annually appropriated
to the board for the operation of services and programs through
the world trade center.
Sec. 73. [44A.04] [GIFT ACCEPTANCE.]
The world trade center board may accept gifts without
regard to sections 7.09 to 7.12 if the board determines that the
gift will serve the purposes of the world trade center.
Sec. 74. [44A.05] [CONTRACTING AUTHORITY.]
The world trade center board may contract for the
development, financing, construction, and management of the
world trade center facility and park.
Sec. 75. [44A.06] [WORLD TRADE CENTER COSTS.]
If a world trade center project of the kind contemplated by
Laws 1983, chapter 301, section 29, is carried out, the
participation of the state government is limited as provided in
this section.
(a) The state shall not own space in the center.
(b) The state shall not rent more than ten percent of the
gross space in the center.
(c) The state shall not incur debt to assist the project.
(d) The state shall not provide a special property tax
classification that would give the center a more favorable
property tax treatment than other office buildings.
Sec. 76. [44A.07] [WORLD TRADE CENTER SERVICES.]
Subdivision 1. [SERVICES.] The world trade center board
may:
(1) define, formulate, administer, and deliver programs and
services through the world trade center;
(2) provide and contract for services and programs through
the world trade center, including: a library and research
service providing information on world trade; a trade lead
service, providing and authenticating information about
international trade opportunities; a club for world trade center
club members; telecommunications services; translation and
interpretation services; temporary secretarial and other
business services; language instruction; educational conferences
and seminars; and other programs and services that serve the
purposes of the world trade center, in the determination of the
board;
(3) establish and charge fees for services and programs
provided without regard to chapter 14;
(4) establish membership requirements for Minnesota world
trade center operations without regard to chapter 14;
(5) establish satellite operations of the Minnesota world
trade center;
(6) maintain active membership in the world trade center
association;
(7) create an international communication network to
coordinate international trade information and activities;
(8) compile international trade information from, among
other places, the United States Department of Commerce and
private sources, and provide marketing information to business
persons;
(9) assist public and private universities or colleges to
develop undergraduate or graduate level education programs to
train persons regarding export trading; and
(10) coordinate the international trading activities of
state and local agencies and organizations.
Subd. 2. [JOINT PROJECTS, CONTRACTS, EXPENDITURES.] In
order to implement the authorities of subdivision 1, the board
may participate jointly with private persons and public entities
in appropriate programs and projects and may enter into
contracts to carry out those programs and projects. In making
any expenditure or contract the board is not subject to chapter
16.
Sec. 77. [GOVERNOR'S COUNCIL.]
The governor's council on the world trade center has all
the powers granted to the board in this act until the entire
board has been appointed.
Sec. 78. [84.026] [CONTRACTS FOR PROVISION OF NATURAL
RESOURCES SERVICES.]
The commissioner of natural resources is authorized to
enter into contractual agreements with any public or private
entity for the provision of statutorily prescribed natural
resources services by the department. The contracts shall
specify the services to be provided and the amount and method of
reimbursement. Funds generated in a contractual agreement made
pursuant to this section shall be deposited in the special
revenue fund and are appropriated to the department for purposes
of providing the services specified in the contracts. All such
contractual agreements shall be processed in accordance with the
provisions of section 16.098. The commissioner shall report
revenues collected and expenditures made under this section to
the chairmen of the committees on appropriations in the house
and finance in the senate by January 1 of each odd-numbered year.
Sec. 79. Minnesota Statutes 1982, section 84.085, is
amended to read:
84.085 [ACCEPTANCE OF GIFTS.]
The commissioner of natural resources may accept for and on
behalf of the state any gift, bequest, device, or grants of
lands or interest in lands or personal property of any kind or
of money tendered to the state for any purpose pertaining to the
activities of the department or any of its divisions. Any money
so received is hereby appropriated and dedicated for the purpose
for which it is granted. Lands and interests in lands so
received may be sold or exchanged as provided in chapter 94.
Sec. 80. Minnesota Statutes 1982, section 84A.53, is
amended to read:
84A.53 [CERTAIN FUNDS RECEIPTS NOT CREDITED TO GENERAL
CONSOLIDATED FUND.]
Subdivision 1. [TAX LEVIES.] All moneys heretofore or
hereafter collected from tax levies heretofore made pursuant to
Minnesota Statutes 1945, Chapter 84A, shall be deposited in the
state treasury to the credit of the general fund. Upon
completion of the payment provided for in section 84A.52 the
commissioner of finance shall make the appropriate entries.
None of the moneys referred to in this section shall be used for
the payments provided for in section 84A.52 until all other
moneys in the consolidated fund have been expended.
Subd. 2. [LAND SALES.] The portion of the money received
from the sale of tax-forfeited lands that are held by the state
pursuant to section 84A.07, 84A.26, or 84A.36, that would not be
paid to the counties if all of the sale proceeds were deposited
in the consolidated conservation fund, shall be deposited in the
land acquisition account. The remaining amount shall be paid to
the counties under section 84A.51 as if all of the sale proceeds
were deposited in the consolidated conservation fund.
Sec. 81. Minnesota Statutes 1982, section 84A.54, is
amended to read:
84A.54 [CERTAIN COLLECTIONS DEPOSITED IN CONSOLIDATED
FUND.]
Except as provided in section 84A.53, all moneys hereafter
received from any source pursuant to Minnesota Statutes 1945,
chapter 84A, or from the sale of tax-forfeited lands which are
held by the state pursuant to Minnesota Statutes 1945, Sections
84A.07, 84A.26 or 84A.36 shall be deposited in the consolidated
fund.
Sec. 82. Minnesota Statutes 1982, section 84A.55,
subdivision 9, is amended to read:
Subd. 9. The commissioner may make necessary
investigations and surveys for and may undertake projects for
the drainage of any state owned lands within any game preserve,
conservation area, or other area subject to the provisions
hereof so far as he shall determine that such lands will be
benefited thereby in furtherance of the purposes for which the
area was established, and may pay the cost thereof out of any
funds appropriated and available therefor. If the commissioner
shall determine after investigation that any project for the
construction, repair, or improvement of any public ditch or
ditch system undertaken by any county or other public agency as
otherwise provided by law will benefit such lands in furtherance
of said purposes, he may cooperate in such project by joining in
the petition therefor or consenting thereto or approving the
same upon such conditions as he shall determine, and may shall
authorize the imposition of assessments therefor upon such lands
in such amounts as he shall determine, or may make lump sum
contributions to the county or other public funds established
for the payment of the cost of the project; provided, such
assessments or contributions shall not in any case exceed the
value of such benefits to such state owned lands as determined
by the commissioner and specified by his written certificates or
other statement filed in the proceedings, and shall be payable
only out of funds appropriated and available therefor in such
amounts as the commissioner may determine. The commissioner of
natural resources shall establish by rule before January 1,
1986, the criteria for determining benefits to state-owned lands
held or used for the purpose of protecting or propagating
wildlife, providing hunting or fishing for the public, or other
purposes relating to conservation, development, or use of soil,
water, forests, wild animals, or related natural resources.
Sec. 83. [84A.56] [CONSOLIDATED CONSERVATION LAND
ACQUISITION AND DISPOSITION.]
Subdivision 1. [CONSOLIDATED CONSERVATION LAND ACQUISITION
AND DISPOSITION PLAN.] Before the commissioner may acquire or
dispose of land in the game preserves, areas and projects
established under Minnesota Statutes 1945, section 84A.01,
84A.20, or 84A.31, in any county, the commissioner must prepare
a county land acquisition and disposition plan. The plan must
identify the general areas where the commissioner intends to
acquire or dispose of land and their accompanying reasons. The
plan must emphasize a balance of uplands and wetlands.
Subd. 2. [REVIEW BY COUNTY BOARD.] The plan must be
submitted to the county board for review and comment. The board
must notify the commissioner of natural resources of any
concerns or disagreements with the plan within 90 days after
receiving the plan or proposal.
Subd. 3. [DEPARTMENT REVIEW OF APPRAISALS.] The county
board must submit appraisals for land offered for sale under
this section to the commissioner for review at least 30 days
before the date of the sale.
Sec. 84. [84A.57] [CERTAIN TAX-FORFEITED LAND HELD IN
TRUST FOR COUNTY.]
Notwithstanding any law to the contrary, land that forfeits
to the state for nonpayment of taxes and is in a game preserve,
areas or projects established under Minnesota Statutes 1945,
section 84A.01, 84A.20, or 84A.31 shall be held in trust for the
taxing district as land outside a game preserve, area, or
project. The lands shall be disposed of and managed, and have
income from the land allocated, in the same manner as land that
is outside a game preserve, area, or project.
Sec. 85. Minnesota Statutes 1982, section 84B.03, is
amended by adding a subdivision to read:
Subd. 4. [CONVEYANCE.] In furtherance of boundary
adjustments to Voyageurs National Park authorized by Congress in
Public Law 97-405, and notwithstanding any other law to the
contrary, the governor, after consulting the commissioner of
natural resources, shall donate and convey to the United States
of America, for Voyageurs National Park, the state's interest in
the following described lands:
Lot 7, Section 4, Township 68 North, Range 18 West.
The lands shall be donated and conveyed only after $30,000
has been paid by the commissioner of natural resources to the
city of Tower in return for a conveyance to the state of all
right, title, and interest of the city of Tower in the land. All
conveyances required by this subdivision shall comply with
subdivision 1, except for the provision required by clause
(1)(a) of that subdivision.
Sec. 86. Minnesota Statutes 1983 Supplement, section
85.40, subdivision 5, is amended to read:
Subd. 5. [CROSS COUNTRY SKI TRAIL.] "Cross country ski
trail" means a public pathway designated and promoted for cross
country skiing, excluding trails that have not received state
acquisition or betterment funds for recreational purposes.
Sec. 87. Minnesota Statutes 1983 Supplement, section
85.41, subdivision 3, is amended to read:
Subd. 3. [EXEMPTIONS.] Participants in cross country ski
races and official school activities and residents of a state or
local government operated correctional facility are exempt from
the license requirement in subdivision 1 if a special use permit
has been obtained by the organizers of the event or those in an
official capacity in advance from the agency with jurisdiction
over the cross country ski trail. Permits shall require that
permit holders return the trail and any associated facility to
its original condition if any damage is done by the permittee.
Limited permits for special events may be issued and shall
require the removal of any trail markers, banners, and other
material used in connection with the special event.
Sec. 88. Minnesota Statutes 1983 Supplement, section
85.41, subdivision 4, is amended to read:
Subd. 4. [FORM.] The department shall provide forms and
blanks to all agents authorized to issue licenses and daily
permits by the commissioner. The license and daily permit shall
attach to the skier's clothing to visibly identify the holder as
a licensed skier, and be easily transferable from garment to
garment by means of a device prescribed by the commissioner in
consultation with the advisory task force. The annual license
shall be with the skier and a sticker shall be placed on the
skier's ski poles to identify the holder as a licensed skier.
The license and permit shall include the applicant's name and
other information deemed necessary by the commissioner.
Sec. 89. Minnesota Statutes 1983 Supplement, section
85.41, subdivision 5, is amended to read:
Subd. 5. [AGENT'S FEE.] The fee for an annual cross
country ski license and a daily permit shall be increased by the
amount of an issuing fee of 50 cents per license. The issuing
fee may be retained by the county auditor or his agent or
subagent who sells seller of the license or permit. A license
or permit shall indicate the amount of the fee that is retained
by the agent seller. This subdivision does not apply to any
license or permit sold by the state, or at a park.
Sec. 90. Minnesota Statutes 1982, section 94.16, is
amended to read:
94.16 [FUNDS, HOW DISPOSED OF DISPOSITION OF PROCEEDS FROM
SURPLUS STATE-OWNED LAND.]
Subdivision 1. [PAYMENT OF EXPENSES.] All moneys Money
received from the sale of such lands or lots surplus state-owned
land shall be credited to the general fund of the state, except
that as provided in this section.
Subd. 2. [PAYMENT OF EXPENSES.] A portion of the proceeds
from the sale equal in amount to the survey, appraisal, legal,
advertising, and other expenses incurred by the commissioner of
administration or other state official in rendering the property
saleable shall be remitted to the account from which the
expenses were paid, and are appropriated and immediately
available for expenditure in the same manner as other money in
the account.
Subd. 3. [PROCEEDS FROM NATURAL RESOURCES LAND.] The
remainder of the proceeds from the sale of lands that were under
the control and supervision of the commissioner of natural
resources shall be credited to the land acquisition account.
Sec. 91. [94.165] [LAND ACQUISITION ACCOUNT.]
There is created in the state treasury a land acquisition
account. Subject to appropriation by law, money in the account
is available to the commissioner of natural resources for the
acquisition of natural resource lands or interests in lands
within the outdoor recreation system established in chapter 86A.
Sec. 92. [115A.90] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 92 to 98.
Subd. 2. [AGENCY.] "Agency" means the pollution control
agency.
Subd. 3. [COLLECTION SITE.] "Collection site" means a
permitted site, or a site exempted from permit, used for the
storage of waste tires.
Subd. 4. [COMMISSIONER.] "Commissioner" means the
commissioner of energy and economic development.
Subd. 5. [PERSON.] "Person" has the meaning given in
section 116.06, subdivision 8.
Subd. 6. [PROCESSING.] "Processing" means producing or
manufacturing usable materials, including fuel, from waste tires
including necessary incidental temporary storage activity.
Subd. 7. [TIRE.] "Tire" means a pneumatic tire or solid
tire for motor vehicles as defined in section 169.01.
Subd. 8. [TIRE COLLECTOR.] "Tire collector" means a person
who owns or operates a site used for the storage, collection, or
deposit of more than 50 waste tires.
Subd. 9. [TIRE DUMP.] "Tire dump" means an establishment,
site, or place of business without a required tire collector or
tire processor permit that is maintained, operated, used, or
allowed to be used for storing, keeping, or depositing
unprocessed waste tires.
Subd. 10. [TIRE PROCESSOR.] "Tire processor" means a
person engaged in the processing of waste tires.
Subd. 11. [WASTE TIRE.] "Waste tire" means a tire that is
no longer suitable for its original intended purpose because of
wear, damage, or defect.
Sec. 93. [115A.902] [PERMIT; TIRE COLLECTORS, PROCESSORS.]
Subdivision 1. [PERMIT REQUIRED.] A tire collector or tire
processor with more than 500 waste tires shall obtain a permit
from the agency unless exempted in subdivision 2. The agency
may by rule require tire collectors or tire processors with less
than 500 waste tires to obtain permits unless exempted by
subdivision 2.
Subd. 2. [EXEMPTIONS.] A permit is not required for:
(1) a retail tire seller for the retail selling site if no
more than 500 waste tires are kept on the business premises;
(2) an owner or operator of a tire retreading business for
the business site if no more than 3,000 waste tires are kept on
the business premises;
(3) an owner or operator of a business who, in the ordinary
course of business, removes tires from motor vehicles if no more
than 500 waste tires are kept on the business premises;
(4) a permitted landfill operator with less than 10,000
waste tires stored above ground at the permitted site; or
(5) a person using waste tires for agricultural purposes if
the waste tires are kept on the site of use.
Subd. 3. [LOCAL AUTHORITY.] The issuance of an agency
permit does not replace a permit or license required under
section 400.16 or 473.811.
Subd. 4. [PERMIT FEE.] The revenue from permit fees shall
be credited to the general fund.
Sec. 94. [115A.904] [LAND DISPOSAL PROHIBITED.]
The disposal of waste tires in the land is prohibited after
July 1, 1985. This does not prohibit the storage of unprocessed
waste tires at a collection or processing facility.
Sec. 95. [115A.906] [WASTE TIRE NUISANCE; ABATEMENT.]
Subdivision 1. [NUISANCE.] A tire dump unreasonably
endangers the health, safety, and comfort of individuals and the
public and is a nuisance.
Subd. 2. [ABATEMENT.] The agency may abate a nuisance by
processing and removing the tires. Before taking any action to
abate a nuisance, the agency shall give notice to the tire
collector responsible for the nuisance that the tires to be
processed and removed constitute a nuisance and demand that the
tires be shredded or chipped or removed within a specified
period. Failure of the tire collector to take the required
action within the specified period shall result in the issuance
of an agency order to abate the nuisance. The abatement order
may include entering the property where the nuisance is located,
taking tires into public custody, and providing for their
processing and removal. The agency order may be enforced
pursuant to the provisions of section 115.071.
Subd. 3. [RECOVERY OF EXPENSES.] Any reasonable and
necessary expenses incurred by the agency for abatement costs,
and administrative and legal expenses, may be recovered in a
civil action brought by the attorney general against any tire
collector responsible for the nuisance. The agency's
certification of expenses shall be prima facie evidence that the
expenses are reasonable and necessary.
Subd. 4. [OTHER ABATEMENT.] This section does not change
the existing authority of a person or political subdivision to
abate a tire dump nuisance. The agency may reimburse a person
or political subdivision for the costs of abatement.
Sec. 96. [115A.908] [MOTOR VEHICLE TRANSFER FEE.]
Subdivision 1. [FEE CHARGED.] A fee of $4 shall be charged
on the initial registration and each subsequent transfer of
title within the state, other than transfers for resale
purposes, of every motor vehicle weighing more than 1,000
pounds. The fee shall be collected in an appropriate manner by
the motor vehicle registrar. Registration plates or
certificates may not be issued by the motor vehicle registrar
for the ownership or operation of a motor vehicle subject to the
transfer fee unless the fee is paid. The fee may not be charged
on the transfer of:
(1) previously registered vehicles if the transfer is to
the same person;
(2) vehicles subject to the conditions specified in section
297A.25, subdivision 1, clause (j); or
(3) vehicles purchased in another state by a resident of
another state if more than 60 days have elapsed after the date
of purchase and the purchaser is transferring title to this
state and has become a resident of this state after the purchase.
Subd. 2. [DEPOSIT OF REVENUE.] Revenue collected shall be
credited to the general fund.
Subd. 3. [REPEALER.] This section is repealed on December
31, 1994.
Sec. 97. [115A.912] [WASTE TIRE COLLECTION.]
Subdivision 1. [PURPOSE.] Money appropriated to the agency
for waste tire collection may be spent for elimination of health
and safety hazards of tire dumps and collection sites, tire dump
abatement, collection, and clean up of waste tires.
Subd. 2. [PRIORITIES FOR SPENDING.] The agency shall apply
the following criteria to establish priorities: (1) tire dumps
or collection sites determined by the agency to contain more
than 1,000,000 tires; (2) abatement of fire hazard nuisances;
(3) abatement of nuisance in densely populated areas; and (4)
collection and clean up of waste tires including abatement of
tire dumps.
Subd. 3. [CONTRACTS WITH COUNTIES.] The agency may
contract with counties for the abatement of waste tire nuisances.
Sec. 98. [115A.914] [RULES; COUNTY PLANNING; ORDINANCES.]
Subdivision 1. [AGENCY RULES.] The agency shall adopt
rules for administration of waste tire collector and processor
permits, waste tire nuisance abatement, and waste tire
collection.
Subd. 2. [COUNTY PLANNING; ORDINANCES.] Counties shall
include collection and processing of waste tires in the solid
waste management plan prepared under sections 115A.42 to 115A.46
and shall adopt ordinances under sections 400.16 and 473.811 for
management of waste tires that embody, but may be more
restrictive than, agency rules.
Sec. 99. Minnesota Statutes 1983 Supplement, section
116J.09, is amended to read:
116J.09 [DUTIES.]
The commissioner shall:
(a) manage the department as the central repository within
the state government for the collection of data on energy;
(b) prepare and adopt an emergency allocation plan
specifying actions to be taken in the event of an impending
serious shortage of energy, or a threat to public health,
safety, or welfare;
(c) undertake a continuing assessment of trends in the
consumption of all forms of energy and analyze the social,
economic, and environmental consequences of these trends;
(d) carry out energy conservation measures as specified by
the legislature and recommend to the governor and the
legislature additional energy policies and conservation measures
as required to meet the objectives of sections 116J.05 to
116J.30;
(e) collect and analyze data relating to present and future
demands and resources for all sources of energy, and specify
energy needs for the state and various service areas as a basis
for planning large energy facilities;
(f) evaluate policies governing the establishment of rates
and prices for energy as related to energy conservation, and
other goals and policies of sections 116J.05 to 116J.30, and
make recommendations for changes in energy pricing policies and
rate schedules;
(g) study the impact and relationship of the state energy
policies to international, national, and regional energy
policies;
(h) design and implement a state program for the
conservation of energy; this program shall include but not be
limited to, general commercial, industrial, and residential, and
transportation areas; such program shall also provide for the
evaluation of energy systems as they relate to lighting,
heating, refrigeration, air conditioning, building design and
operation, and appliance manufacturing and operation;
(i) inform and educate the public about the sources and
uses of energy and the ways in which persons can conserve energy;
(j) dispense funds made available for the purpose of
research studies and projects of professional and civic
orientation, which are related to either energy conservation,
resource recovery, or the development of alternative energy
technologies which conserve nonrenewable energy resources while
creating minimum environmental impact;
(k) charge other governmental departments and agencies
involved in energy related activities with specific information
gathering goals and require that those goals be met;
(l) report to the legislature by February 1 of each year
both the processes and results of efforts to communicate the
statutory requirements concerning energy efficiency standards
under section 116J.27 and the extent of compliance with the
requirements design a comprehensive program for the development
of indigenous energy resources. The program shall include, but
not be limited to, providing technical, informational,
educational, and financial services and materials to persons,
businesses, municipalities, and organizations involved in the
development of solar, wind, hydropower, peat, fiber fuels,
biomass, and other alternative energy resources. The program
shall be evaluated by the alternative energy technical activity.
Further, the commissioner may participate fully in hearings
before the public utilities commission on matters pertaining to
rate design, cost allocation, efficient resource utilization,
utility conservation investments, small power production,
cogeneration, and other rate issues. The commissioner shall
support the policies stated in section 116J.05 and shall prepare
and defend testimony proposed to encourage energy conservation
improvements as defined in section 216B.241.
Sec. 100. Minnesota Statutes 1983 Supplement, section
116J.18, subdivision 1, is amended to read:
Subdivision 1. [STATE ENERGY POLICY AND CONSERVATION
REPORT.] By July 1 of each even-numbered year 1988 and every
four years thereafter, the commissioner shall transmit to the
governor and the legislature a comprehensive report designed to
identify emerging trends related to energy supply, demand,
conservation, public health and safety factors, and to specify
the level of statewide and utility service area energy need. The
report shall include, but not be limited to, all of the
following:
(a) A final report on the accuracy and acceptability of the
energy forecasts received under section 116J.17 and the
alternatives to meeting that demand;
(b) An estimate of statewide and utility service area
energy need for the forthcoming 20 year period which, in the
judgment of the commissioner, will reasonably balance
requirements of state economic growth and development,
protection of public health and safety, preservation of
environmental quality, and conservation of energy resources;
(c) The anticipated level of statewide energy demand for 20
years, which shall serve as the basis for long range action;
(d) The identification of potential adverse social,
economic, or environmental effects caused by a continuation of
the present energy demand trends;
(e) An assessment of the state's energy resources,
including examination of the availability of commercially
developable and imported fuels;
(f) The estimated reduction in annual energy consumption
resulting from various energy conservation measures;
(g) The cost of energy to residential and rental consumers
in relation to their socio-economic status;
(h) An assessment of the economic and employment
implications of proposed state energy policies;
(i) The status of the department's ongoing studies;
(j) Recommendations to the governor and the legislature for
administrative and legislative actions to accomplish the
purposes of sections 116J.05 to 116J.30. issue a comprehensive
report designed to identify major emerging trends and issues in
energy supply, consumption, conservation, and costs. The report
shall include the following:
(1) projections of the level and composition of statewide
energy consumption under current government policies and an
evaluation of the ability of existing and anticipated facilities
to supply the necessary energy for that consumption;
(2) projections of how the level and the composition of
energy consumption would be affected by new programs or new
policies;
(3) projections of energy costs to consumers, businesses,
and government;
(4) identification and discussion of key social, economic,
and environmental issues in energy;
(5) explanations of the department's current energy
programs and studies; and
(6) recommendations.
Sec. 101. Minnesota Statutes 1982, section 116J.19,
subdivision 13, is amended to read:
Subd. 13. Beginning January 1, 1978, No new room air
conditioner or room air conditioner heat pump shall be sold or
installed or transported for resale into Minnesota unless it has
an energy efficiency ratio of 7.0 or higher. Beginning January
1, 1985, the energy efficiency ratio must be 7.8 or higher. For
purposes of this subdivision, "energy efficiency ratio" means
the ratio of the cooling capacity of the air conditioner in
British thermal units per hour to the electrical input in
watts. To determine the energy efficiency ratio, all room air
conditioner models shall be tested in accordance with the
methods and conditions specified in American National Standard
Z234.1, and American Society of Heating, Refrigerating, and Air
Conditioning Engineers Standard 16-69 The cooling capacity,
electrical input, and energy efficiency ratio of room air
conditioners and room air conditioning heat pumps is determined
by using the standard for room air conditioners, approved by the
American National Standards Institute on April 20, 1982, known
as ANSI/AHAM RAC-1, with ASHRAE 58-74 used in lieu of ASHRAE
58-65. The method of sampling of room air conditioners shall be
that required by the Department of Energy and found in 44
Federal Register 22410-22418 (April 13, 1979). A new room air
conditioner having dual voltage ratings shall conform to the
energy efficiency ratio requirements at each rating. This
subdivision shall not apply to air conditioners in Minnesota on
October 1, 1977.
Sec. 102. [116J.261] [ALTERNATIVE ENERGY ENGINEERING
ACTIVITY.]
Subdivision 1. [CREATION, GOALS.] To further the
development of indigenous energy resources and energy
conservation, the commissioner shall establish an alternative
energy engineering activity. The activity shall facilitate the
development of specific projects in the public and private
sectors and provide a broad range of information, education, and
engineering asistance services necessary to accelerate energy
conservation and alternative energy development in the state.
Subd. 2. [DUTIES.] The alternative energy engineering
activity shall:
(1) provide on-site technical assistance for alternative
energy and conservation projects;
(2) develop information materials and educational programs
to meet the needs of engineers, technicians, developers, and
others in the alternative energy field;
(3) conduct feasibility studies when the results of the
studies would be of benefit to others working in the same area;
(4) facilitate development of energy projects through
assistance in finding financing, meeting regulatory
requirements, gaining public and private support, limited
technical consultation, and similar forms of assistance; and
(5) work with and use the services of Minnesota design
professionals.
Sec. 103. [116J.262] [OPTIMAL LOW-INCOME WEATHERIZATION.]
The commissioner shall contract with the Building Energy
Research Center at the University of Minnesota for the purpose
of determining optimal weatherization for low-income
weatherization programs. The alternative energy engineering
activity shall provide technical assistance.
Sec. 104. Minnesota Statutes 1983 Supplement, section
116J.31, is amended to read:
116J.31 [ENERGY AUDITS.]
The commissioner shall develop and administer state
programs of energy audits of residential and commercial
buildings including those required by United States Code, title
42, section 8211, et seq. sections 8211 to 8222 and section
sections 8281 to 8284. The attorney general may release
information on consumer complaints about the operation of the
program to the commissioner. The commissioner shall continue to
administer the residential energy audit program as originally
established under the provisions of United States Code, title
42, sections 8211 to 8222; through July 1, 1986 irrespective of
any prior expiration date provided in United States Code, title
42, section 8216. The commissioner may approve temporary
programs if they are likely to result in the installation of as
many conservation measures as would have been installed had the
utility met the requirements of United States Code, title 42,
sections 8211 to 8222. The consumer services division and the
attorney general may release information on consumer comments
about the operation of the program to the commissioner.
Sec. 105. Minnesota Statutes 1982, section 116J.36, as
amended by Laws 1983, chapter 301, section 129, is amended to
read:
116J.36 [DISTRICT HEATING AND QUALIFIED ENERGY IMPROVEMENT
LOANS.]
Subdivision 1. [POLICIES.] Developing and improving
efficient and economical district heating systems and certain
public works capital improvements that conserve energy or
substitute a lower cost, more plentiful, or indigenous fuel is a
public purpose for state and local financing and a proper
function of state and local government. Climate and geography
make a reliable, economic supply of energy essential for
industrial, commercial industry, commerce, and residential
heating. Imported supplies of certain fuels are increasingly
costly, unreliable, and environmentally disadvantageous.
District heating systems employing cogeneration techniques and
innovative technology offer an important means of increasing the
efficiency of Minnesota's energy systems and reducing the
state's reliance on imported energy supplies. The combination
of the large initial capital cost and investors' lack of
familiarity with district heating has made the private market
reluctant to provide the necessary capital for district heating
projects. As a result, public leadership, cooperation, and aid
are needed to demonstrate the feasibility of district heating
systems by establishing economically viable municipal district
heating systems as demonstration projects. Qualified energy
improvements may offer municipalities opportunities for reducing
energy costs or generating revenues from wastes. Municipal
district heating systems and other qualified improvements may be
financed by loans from the state and from other sources
available to municipalities.
Subd. 2. [DEFINITIONS.] In this section:
(a) "Construction costs" means all costs associated with
the construction, modification or expansion of a district
heating system except for preliminary planning costs and
detailed design costs. Construction costs include the cost of
debt service from the time a construction loan is made until
five years after the beginning of the operation of the district
heating system constructed or the part of the system being
modified or expanded.
(b) "District heating" means the use of a central energy
conversion facility to produce hot water or steam for a district
heating system. District heating facilities may also produce
electricity in addition to hot water or steam.
(c) "Municipality" means any county, city, town, school
district or a municipal power agency, or formed pursuant to
sections 453.53 to 453.62. Municipality also means a public
utility, as defined in section 452.01, subdivision 3, owned and
operated by a city, however organized or. For purposes of a
district heating system only, municipality also means a
nonprofit corporation organized pursuant to the provisions of
chapter 317 whose membership is limited to the mayor and
governing body of the city in which the district heating system
is located.
(d) "District heating system" means any existing or
proposed facility for (1) the production, through cogeneration
or otherwise, of hot water or steam to be used for district
heating, or (2) the transmission and distribution of hot water
or steam for district heating either directly to heating
consumers or to another facility or facilities for transmission
and distribution, or (3) any part or combination of the
foregoing facilities.
(e) "Qualified energy improvement" means a cost-effective
capital improvement to public land, buildings, or energy using
systems, other than a district heating system, including the
purchase or installation of equipment to reduce the usage of
conventional energy sources or to use alternative energy
resources. Qualified energy improvements also include
waste-to-energy facilities that meet the criteria specified in
subdivision 8a and any rule adopted under that subdivision.
Qualified energy improvements shall meet all environmental and
permitting standards established by state and federal law.
Subd. 3. [ELIGIBILITY, DISTRICT HEATING.] The commissioner
of finance, upon request recommendation of the governor
authority, may make loans to municipalities for the acquisition,
construction, expansion, or modification of district heating
systems. A loan shall be made only to a municipality that has
demonstrated to the authority that:
(a) The municipality has the financial capability to
sponsor the project;
(b) The project is technologically feasible;
(c) The district heating project will become a cogeneration
facility or the project will utilize hot water or, if the
project involves an existing district steam heating system, the
project will become integrated with a hot water district heating
system, or the project will allow the use of nonpetroleum fuels
or will construct an efficient heat transmission system; and
(d) The municipality has made adequate provision to assure
proper and efficient operation and maintenance of the project
after construction is completed.
Subd. 3a. [ELIGIBILITY, QUALIFIED ENERGY IMPROVEMENTS.]
The commissioner of finance, upon recommendation of the
authority, may make loans to a municipality for the acquisition,
construction, or expansion of a qualified energy improvement. A
loan shall be made only to a municipality that has demonstrated
that:
(a) The municipality has the financial capability to
sponsor the qualified energy improvement;
(b) The improvement is technologically feasible;
(c) The improvement conforms to criteria specified in
subdivision 8a and any rule adopted under it; and
(d) The municipality has made adequate provision to assure
proper and efficient operation and maintenance of the
improvement after construction is completed.
Subd. 3b. [GRANT ELIGIBILITY, DISTRICT HEATING.] The
commissioner of energy, planning and economic 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.
Subd. 3c. [GRANT ELIGIBILITY, QUALIFIED ENERGY
IMPROVEMENTS.] The commissioner of energy and economic
development may provide planning grants to municipalities for
planning related to the development of qualified energy
improvements. The municipality must demonstrate that sufficient
resources are available for the municipality to meet its
financial requirements. Eligible planning grant costs include
definition of the improvement, development of preliminary
financing plans, and obtaining commitment for detailed planning
or design and preparation of a final report. The amount of a
grant to a municipality is limited to 90 percent of eligible
planning costs and must not exceed $100,000 as established by
rule or temporary rule.
Subd. 4. [PRIORITIES, DISTRICT HEATING.] The commissioner
of energy, planning and development authority shall give higher
priority to a project that does more to achieve the following
goals:
(a) The district heating conversion facility employs
cogeneration techniques;
(b) The facility uses renewable or nonpetroleum sources of
energy;
(c) The district heating facility will save petroleum or
natural gas;
(d) The operation of the district heating facility will not
have an adverse impact on the environment;
(e) The district heating facility may readily be expanded
to serve additional customers or to supply additional amounts of
energy, and market demand for the energy exists;
(f) The project has obtained additional financing from the
federal government, private sources, or other sources of
capital; and
(g) Other goals the commissioner of energy, planning and
development authority finds desirable for district heating
systems.
Subd. 4a. [PRIORITIES, ENERGY IMPROVEMENTS.] The authority
shall give higher priority to qualified energy improvements that
best meet the following goals:
(a) to increase the proportion of a municipality's energy
needs that are met by renewable or indigenous energy resources;
(b) to provide a cost reduction or revenue source for the
municipality;
(c) to provide multiple benefits to residents within the
municipality; and
(d) to demonstrate technologies for solid waste treatment.
Subd. 5. [APPLICATION.] Application for a loan to be made
pursuant to subdivision 6 or 7 shall be made by a municipality
to the commissioner of energy, planning and development
authority on a form prescribed by the commissioner of energy,
planning and economic development by rule authority. The
commissioner of energy, planning and development authority shall
review each application and determine:
(a) Whether or not the project or proposed energy
improvement is eligible for a loan;
(b) The priority of the project or qualified energy
improvement when ranked with all other eligible projects or
improvements for which a loan application has been submitted;
(c) The total estimated cost of the project or improvement;
(d) The amount of the loan for which the project or
improvement is eligible;
(e) The terms upon which the loan would be made; and
(f) The means by which the municipality proposes to finance
the project or improvement, including:
(1) A loan authorized by state law; or
(2) A grant of money appropriated by state law; or
(3) A grant to the municipality by an agency of the federal
government within the amount of money then appropriated to that
agency and allocated by it to projects or improvements within
the state; or
(4) The appropriation of proceeds of bonds or other money
of the municipality to an account for the construction of the
project or improvement; or
(5) User charges, franchise fees, special assessments or
taxes; or
(6) Any or all of the means referred to in clauses (1) to
(5).
Subd. 6. [LOANS, DISTRICT HEATING AND QUALIFIED ENERGY
IMPROVEMENTS.] Upon the recommendation of the governor authority
pursuant to subdivision 8, the commissioner of finance shall
make loans to municipalities on the following terms:
(a) In the case of loans for design costs, the maximum
amount of the loan shall be limited by the provisions of this
clause. For cities of the first class and counties containing a
city of the first class, individually or through the exercise of
joint powers agreements, the amount of the loan shall not exceed
40 percent of the design costs. For cities of the second, third
and fourth class, and other municipalities, the amount of the
loan shall not exceed 90 percent of the design costs;
(b) In the case for loans for construction costs, a
municipality must demonstrate that all design activities have
been completed; that the project or improvement is economically
and technologically feasible; that the district heating system
or qualified energy improvement will be constructed, and that it
has made adequate provisions to assure proper and efficient
operation and maintenance of the project or improvement. For
cities of the first class and counties containing a city of the
first class, individually or through the exercise of joint
powers agreements, the amount of the loan shall be up to 50
percent of the construction costs. For cities of the second
class, the amount of the loan shall be up to 80 percent of the
construction costs. For cities of the third or fourth class,
and other municipalities, the amount of the loan shall be up to
90 percent of the construction costs.
(c) A loan made pursuant to this section is repayable over
a period of not more than 20 years, with interest payments
beginning the first year from the date the loan is made.
Interest shall accrue from the date of the loan at a rate of
interest assigned at the date of loan commitment, but the first
payment of interest shall not be due until one year after the
loan was made. Principal payments shall begin in the sixth year
after the receipt of the loan on a 25 year level payment
schedule with the balance of the principal to be retired with
the payment due 20 years after receipt of the loan. Interest
attributable to the first year of deferred payment shall be
amortized in equal periodic payments over the remainder of the
term of the loan. For each loan, the initial deposit to the
state bond fund required by section 16A.65, subdivision 1, shall
be made by the commissioner of finance, and no loan may be
refused solely because the municipality does not provide the
initial deposit.
(d) The authority may also pledge a segregated portion of
the energy development fund to guarantee or insure bonds and
notes, or the interest rate thereon, issued by the commissioner
of finance on behalf of the state of Minnesota for purposes of
section 116J.36 or 116J.37.
Subd. 7. [MODERN STEAM SYSTEMS.] (a) A municipality which
has operating within its boundaries a modern steam district
heating system owned by a district heating utility may apply for
a loan or grant under this section even though the district
heating project for which the loan or grant application is made
may be planned, constructed, or owned by a district heating
utility. The loan or grant application shall be treated in the
same manner as loan or grant applications for district heating
projects where the projects are to be planned, constructed, or
owned by a municipality.
All or a portion of the proceeds of a loan made to a
municipality described in this subdivision may be used to make
loans to a district heating utility to provide financial
assistance for the planning, modification, expansion or
construction of a district heating project. Prior to making the
loan to the district heating utility, the municipality shall:
(1) Adopt a district heating plan which identifies the
areas of the city to be served by district heating; a time
schedule indicating when service would be available in different
areas of the city and the type of service to be offered; and
(2) Enter into a written agreement with the district
heating utility which includes a requirement that the district
heating utility restrict expansion of its existing steam system
within its current geographic boundaries as determined by the
municipality and develop a hot water system on a specific time
schedule.
(b) The powers, authority and obligations granted to a
municipality under this subdivision are supplemental to the
powers, authority and obligations granted all municipalities
under this section.
(c) As used in this subdivision, "modern steam district
heating system" means a steam district heating system with
condensate return built after 1970 and before May 30, 1981.
"District heating utility" means any person, corporation, or
other legal entity which owns or operates or plans to own or
operate a district heating system. "District heating project"
means a new district heating system, or the expansion or
modification of the existing modern steam district heating
system.
Subd. 8. [LOAN APPROVAL.] The commissioner of energy,
planning and economic development shall prepare and submit to
the legislative advisory commission a list of energy and
economic development authority separate lists of loan requests
for district heating loan requests systems and qualified energy
improvements. The list for district heating loans shall contain
the supporting information required by subdivisions 3, 4, 5, 6,
and 7. The list for qualified energy improvements shall contain
the supporting information required by subdivisions 3a, 3c, 4a,
5, and 6. The recommendation of the legislative advisory
commission authority shall be transmitted to the governor
commissioner of finance. The governor commissioner of finance
shall approve or disapprove, or return for further
consideration, each project recommended for approval by the
legislative advisory commission. Loans may be disbursed only
upon approval by the governor sell bonds and make loans for
district heating projects and qualified energy improvements only
upon the recommendation of the authority.
Subd. 8a. [CRITERIA FOR QUALIFIED ENERGY IMPROVEMENTS.]
Qualified energy improvements eligible for loans must meet
criteria established in rule by the commissioner of energy and
economic development. Rules shall include criteria for
analyzing the cost-effectiveness of improvements. Rules
relating to qualified energy improvements involving a
waste-to-energy facility must be adopted in consultation with
the waste management board and the pollution control agency. An
improvement involving a waste-to-energy facility must be part of
a solid waste management plan approved by the pollution control
agency or a plan approved under section 473.803.
Subd. 9. [PAYMENT; OBLIGATION.] The commissioner of
finance shall not pay money to a municipality pursuant to an
approved loan until he has determined that:
(a) Financing of the project or improvement as proposed by
the municipality is assured by an irrevocable undertaking, by
resolution of the governing body of the municipality, to use all
money made available by the financing plan exclusively for the
eligible costs of the project or improvement, and to pay any
additional amount by which the cost of the project or
improvement exceeds the estimate by the appropriation to the
construction account of additional municipal money of the
municipality or the proceeds of additional bonds to be issued by
the municipality; and that
(b) The governing body of the municipality has adopted a
resolution obligating the municipality to repay the loan
according to the terms in the loan. The obligation may be
payable from user charges, franchise fees, special assessments
or other money available to the municipality. The resolution
shall obligate the municipality to annually impose and collect
user charges, franchise fees, special assessments, or to use any
other money available to it from any other specified source, in
amounts and at times that if collected in full will annually
produce at least five percent in excess of the amount needed for
all annual costs of the system, including annual repayment on
state loans. A municipality may also pledge to levy an ad
valorem tax to guarantee the payments under the loan agreement.
For the purpose of repaying the loan, the municipality by
resolution of its governing body may fix the rates and charges
for district heating system or qualified energy improvement
service and products, may enter into contracts for the payment
by others of costs of construction, maintenance, and use of the
project or improvement in accordance with section 444.075 and
may pledge the revenues derived therefrom. The commissioner of
finance shall condition a loan upon the establishment of rates
and charges or the execution of contracts sufficient to produce
annually the revenues pledged for repayment of all annual costs
of the system, including annual repayment of the state loan.
Subd. 10. [RECEIPTS.] All principal and interest payments
received by the commissioner of finance in repayment of the
loans authorized by this section shall be deposited in the state
treasury and credited to the state bond fund and are
appropriated to the commissioner of finance for the purposes of
that account.
Subd. 11. [RULES.] The commissioner of energy, planning
and economic development shall adopt rules necessary to carry
out the programs of this section. The commissioner of energy,
planning and economic development shall may adopt temporary
rules pursuant to sections 14.29 to 14.36, meeting the
requirements of this section. The rules shall contain as a
minimum:
(a) Procedures for application by municipalities; and
(b) Criteria for reviewing grant and loan applications.
Sec. 106. [116J.381] [COMMUNITY ENERGY PROGRAM.]
Subdivision 1. [FINDINGS.] The legislature finds that
community based energy programs are an effective means of
implementing improved energy practices including conservation,
greater efficiency in energy use, and the use of alternative
resources. Further, community based energy programs are found
to be a public purpose for which public money may be spent.
Subd. 2. [COMMUNITY ENERGY COUNCILS; CREATION.] Cities or
counties, individually or through the exercise of joint powers
agreements, may create community energy councils. Membership on
a council shall include representatives of labor, small
business, voluntary organizations, senior citizens, and low and
moderate income residents, and may include city and county
officials, and other interested parties.
Subd. 3. [POWERS AND DUTIES.] In order to develop and
implement community based energy programs, a community energy
council may:
(1) analyze social and economic impacts caused by energy
expenditures;
(2) plan, coordinate, advertise, and provide energy
programs to minimize negative social and economic impacts;
(3) seek, accept, and disburse grants and other aids from
public or private sources for purposes authorized in this
subdivision; and
(4) exercise other powers and duties imposed on it by
statute, charter, or by ordinance.
Subd. 4. [DEPARTMENT ASSISTANCE.] The commissioner may
provide professional and financial assistance to communities to
establish community energy councils, and develop and implement
community energy programs, within available resources.
Sec. 107. [116J.873] [ECONOMIC RECOVERY GRANTS.]
Subdivision 1. [ADMINISTRATION.] Economic recovery grants
shall be made available to local communities and recognized
Indian tribal governments in accordance with the rules adopted
for economic development grants in the small cities community
development block grant programs, except that all units of
general purpose local government are eligible applicants for
economic recovery grants. The commissioner of energy and
economic development shall administer the economic recovery
grant program as a part of the small cities development program.
Subd. 2. [ECONOMIC RECOVERY GRANT DEFINED.] "Economic
recovery grant" means an agreement between the state and an
eligible recipient through which the state provides money to
carry out specified programs, services, or activities designed
to create new employment, maintain existing employment, increase
the local tax base, or otherwise increase economic activity in a
community.
Subd. 3. [GRANT EVALUATION.] The division of community
development in the department shall accept, review, and evaluate
applications for grants to local units of government made in
accordance with rules adopted for economic development grants in
the small cities development program. Applications recommended
for funding, including recommended grant awards, shall be
submitted by the division to the commissioner for approval.
Subd. 4. [GRANT LIMITS.] An economic recovery grant may
not be approved for an amount over $500,000. The division may
recommend less funding than requested if, in the opinion of the
division, the amount requested is more than is necessary to meet
the applicant's needs. If the amount of the grant is reduced,
the reasons for the reduction shall be given to the applicant.
The portion of an economic recovery grant that exceeds $100,000
must be repaid to the state when it is repaid to the local
community or recognized Indian tribal government by the person
or entity to which it was loaned by the local community or
Indian tribal government. Money repaid to the state is
appropriated to the commissioner of energy and economic
development for the purpose of making additional economic
recovery grants.
Sec. 108. Minnesota Statutes 1982, section 116J.88, is
amended by adding a subdivision to read:
Subd. 8b. [WASTE TIRE RECYCLING LOAN.] "Waste tire
recycling loan" means a loan to a business to finance
acquisition of land, buildings, or equipment, installation of
equipment, construction of buildings, and capital improvements
for waste tire processing.
Sec. 109. Minnesota Statutes 1982, section 116J.89, is
amended by adding a subdivision to read:
Subd. 1d. [WASTE TIRE RECYCLING ACCOUNT.] There is created
within the economic development fund a waste tire recycling
account for the purpose of making waste tire recycling loans and
grants.
Sec. 110. Minnesota Statutes 1983 Supplement, section
116J.90, is amended by adding a subdivision to read:
Subd. 2a. [WASTE TIRE RECYCLING LOANS AND GRANTS.] The
authority may make waste tire recycling loans to businesses.
Applications for the loans are not complete unless the waste
tire recycling project for which the loan is to be made is
certified to be technically feasible by the director of the
pollution control agency. The authority may make grants from
the waste tire recycling account for studies necessary to
demonstrate the technical and economic feasibility of a proposed
waste tire recycling project. A grant must be less than $30,000
and may not exceed 75 percent of the costs of the study. The
commissioner shall adopt rules for administration of waste tire
recycling grants and loans.
Sec. 111. Minnesota Statutes 1983 Supplement, section
116J.91, subdivision 4, is amended to read:
Subd. 4. It may adopt, amend, and repeal rules not
inconsistent with the provisions of sections 116J.88 116J.875 to
116J.91 as necessary to effectuate its purposes.
Sec. 112. Minnesota Statutes 1982, section 138.025,
subdivision 11, is amended to read:
Subd. 11. [BIRCH COULEE BATTLEFIELD STATE HISTORIC SITE.]
In accordance with the terms and provisions of this section and
the laws relating to Birch Coulee battlefield state park
historic site, the Minnesota historical society shall administer
and control the historic site comprising the Birch Coulee state
park historic site in Renville county and described as follows:
The NE 1/4 of the SE 1/4, Section 19, and part of the NW
1/4 of the SW 1/4, Section 20, Township 113, North, Range 34
West, fifth principal meridian, Renville county, Minnesota and
containing 80 55 acres.
Birch Coulee state park is renamed Birch Coulee battlefield
state historic site.
Sec. 113. Minnesota Statutes 1982, section 144.414, is
amended to read:
144.414 [PROHIBITIONS.]
No person shall smoke in a public place or at a public
meeting except in designated smoking areas. This prohibition
does not apply in cases in which an entire room or hall is used
for a private social function and seating arrangements are under
the control of the sponsor of the function and not of the
proprietor or person in charge of the place. Furthermore, this
prohibition shall not apply to factories, warehouses and similar
places of work not usually frequented by the general public,
except that the department of labor and industry shall, in
consultation with the state commissioner of health, shall
establish rules to restrict or prohibit smoking in those places
of work where the close proximity of workers or the inadequacy
of ventilation causes smoke pollution detrimental to the health
and comfort of nonsmoking employees.
Sec. 114. Minnesota Statutes 1982, section 158.07, is
amended to read:
158.07 [QUARTERLY REPORT BY BOARD OF REGENTS; PAYMENT.]
The board of regents of the University of Minnesota shall
file a verified quarterly report with the commissioner of
finance containing an itemized statement of the expense charged
against each patient received on certification of any board of
county commissioners, together with the name of the county from
which the patient was certified, the amount of the expense
charged against the patient that is to be paid by the county
under section 158.04, and a statement of any sums paid by the
patient, or by any person in his behalf. On the date that the
board of regents files the quarterly report, it shall also
submit requests for payment in amounts authorized in section
158.04 to each county from which expense amounts are due.
Sec. 115. Minnesota Statutes 1982, section 158.08, is
amended to read:
158.08 [EXPENSES PAID BY COUNTIES.]
The commissioner of finance shall audit the quarterly
reports submitted by the board of regents and draw his draft for
the proper amount against each county from which expense charges
are due and deliver it to the treasurer for collection. The
treasurer shall notify the auditor of each county against whom a
draft has been issued of the amount due. Upon receipt of such
notice the invoice specified in section 158.07 a county auditor
shall issue his warrant on the poor fund for the amount due,
except that in any county now or hereafter caring for the poor
under a county poor commission, the notice shall be given to the
county poor commission, which shall issue its warrant on the
poor fund of the county for the amount due. The warrant shall
be delivered to the county treasurer, who shall, if funds are
available, issue his check payable to the state treasurer
University of Minnesota for the amount of the warrant. If no
funds are available in the poor fund for the payment of the
warrant, it shall be registered. The check or registered
warrant shall be mailed to the state treasurer University of
Minnesota. All payments hereunder shall be credited to the
general fund, and are appropriated to the university of
Minnesota.
Sec. 116. Minnesota Statutes 1983 Supplement, section
179.70, subdivision 1, is amended to read:
Subdivision 1. A written contract or memorandum of
contract containing the agreed upon terms and conditions of
employment and such other matters as may be agreed upon by the
employer and exclusive representative shall be executed by the
parties. The duration of the contract shall be negotiable
except in no event shall contracts be for a term exceeding three
years. Any contract between employer school board and an
exclusive representative of teachers shall in every instance be
for a term of two years beginning on July 1 of each odd-numbered
year. For contracts effective July 1, 1979 or thereafter, the
written contract executed by an employer school board and an
exclusive representative of teachers shall contain the teachers'
compensation including fringe benefits for the entire two-year
term and shall not contain a wage reopening clause or any other
provision for the renegotiation of the teachers' compensation
for the second year of the contract. All contracts shall
include a grievance procedure which shall provide compulsory
binding arbitration of grievances including all disciplinary
actions. Notwithstanding any home rule charter to the contrary,
after the probationary period of employment, any disciplinary
action, other than the termination of a teacher contract or the
discharge of a teacher under section 125.12 or 125.17, is
subject to the grievance procedure and compulsory binding
arbitration. In the event that the parties cannot reach
agreement on the grievance procedure, they shall be subject to
the grievance procedure promulgated by the director pursuant to
section 179.71, subdivision 5, clause (h). Employees covered by
civil service systems created pursuant to chapters 43A, 44, 375,
387, 419 or 420, or by provision of a home rule charter pursuant
to chapter 410, or by Laws 1941, chapter 423, may pursue a
redress of their grievances through the grievance procedure
established pursuant to this section. When the resolution of a
grievance is also within the jurisdiction of appeals boards or
appeals procedures created by chapters 43A, 44, 375, 387, 419 or
420, or by provision of a home rule charter pursuant to chapter
410, or by Laws 1941, chapter 423, the aggrieved employee shall
have the option of pursuing redress through the grievance
procedure or the civil service appeals procedure, but once a
written grievance or appeal has been properly filed or submitted
by the employee or on the employee's behalf with his consent the
employee's right to pursue redress in the alternative manner is
terminated. This section does not require employers or employee
organizations to negotiate on matters other than terms and
conditions of employment as defined in section 179.63,
subdivision 18.
Sec. 117. Minnesota Statutes 1982, section 179.741,
subdivision 2, is amended to read:
Subd. 2. [STATE EMPLOYEE SEVERANCE.] Each of the following
groups of employees shall have has the right, as specified in
this subdivision, to separate from the general professional,
health treatment or general supervisory units provided for in
subdivision 1: attorneys, physicians, professional employees of
the higher education coordinating board who are compensated
pursuant to section 43A.18, subdivision 4, state
patrol-supervisors, regional enforcement officers employed by
the department of natural resources, and criminal apprehension
investigative-supervisors. This right shall be exercised by
petition during the period commencing on April 25, 1980 and
concluding 30 days after that date or, after January 1, 1981,
during the 60 day period commencing 270 days prior to the
termination of a contract covering the units. If one of these
groups of employees exercises the right to separate from the
units they shall have no right to meet and negotiate, but shall
retain the right to meet and confer with the commissioner of
employee relations and with the appropriate appointing authority
on any matter of concern to them. The manner of exercise of the
right to separate shall be as follows: An employee organization
or group of employees claiming that a majority of any one of
these groups of employees on a state-wide basis wish to separate
from their units may petition the director for an election
during the petitioning period. If the petition is supported by
a showing of at least 30 percent support for the petitioner from
the employees, the director shall hold an election to ascertain
the wishes of the majority with respect to the issue of
remaining within or severing from the units provided in
subdivision 1. This election shall be conducted within 30 days
of the close of the petition period. If a majority of votes
cast endorse severance from the unit in favor of separate meet
and confer status for any one of these groups of employees, the
director shall certify that result. This election shall, where
not inconsistent with other provisions of this section, be
governed by section 179.67. If a group of employees elects to
sever they may rejoin that unit by following the same procedures
specified above for severance, but may only do so during the
periods provided for severance.
Sec. 118. Minnesota Statutes 1983 Supplement, 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. 119. Minnesota Statutes 1983 Supplement, section
180.03, subdivision 2, is amended to read:
Subd. 2. Every person, firm or corporation that is or has
been engaged in the business of mining or removing iron ore,
taconite, semitaconite or other minerals except sand, crushed
rock and gravel by the open pit method in any county which has
appointed an inspector of mines pursuant to section 180.01 shall
erect two inch by four inch mesh fencing along the outside
perimeter of the excavation, open pit, or shaft of any mine in
which mining operations have ceased for a period of six
consecutive months or longer. The top and bottom wire shall not
be less than 9 gauge and the filler wire shall not be less than
11 gauge. The fencing shall be not less than five feet in
height with two strands of barbed wire six inches apart affixed
to the top of the fence. The fence posts shall be no more than
ten feet apart. In the case of open pit mines in which mining
operations cease after November 1, 1979, and before March 1,
1980, the fencing shall be erected as soon as possible after
March 1, 1980. Where mining operations cease on or after March
1, 1980, the fencing shall be erected forthwith. In the case of
open pit mines in which mining operations had ceased for a
period of six consecutive months or longer before November 1,
1979, and not resumed, the fencing shall be erected within five
seven years after November 1, 1979. Any fencing required by an
inspector of mines pursuant to subdivision 3 or other applicable
law shall meet the standards of this section as a minimum. This
subdivision does not apply to any excavation, open pit, or
shaft, or any portion thereof, exempted from its application by
the commissioner of natural resources pursuant to laws relating
to mineland reclamation or exempted from its application by the
county mine inspector pursuant to subdivision 4.
Sec. 120. [190.32] [FEDERAL REIMBURSEMENT RECEIPTS.]
The department of military affairs may deposit federal
reimbursement receipts into the general fund account,
maintenance of military training facilities. These receipts are
for services, supplies, and materials initially purchased by the
Camp Ripley maintenance account.
Sec. 121. Minnesota Statutes 1983 Supplement, section
298.296, subdivision 1, is amended to read:
Subdivision 1. [PROJECT APPROVAL.] The board shall by
August 1 of each year prepare a list of projects to be funded
from the northeast Minnesota economic protection trust with
necessary supporting information including description of the
projects, plans, and cost estimates. These projects shall be
consistent with the priorities established in section 298.292
and shall not be approved by the board unless it finds that:
(a) the project will materially assist, directly or
indirectly, the creation of additional long-term employment
opportunities;
(b) the prospective benefits of the expenditure exceed the
anticipated costs; and
(c) in the case of assistance to private enterprise, the
project will serve a sound business purpose.
To be proposed by the board, a project must be approved by
at least eight iron range resources and rehabilitation board
members and the commissioner of iron range resources and
rehabilitation. The list of projects shall be submitted to the
legislative advisory commission for its review. The list with
the recommendation of the legislative advisory commission shall
be submitted to the governor, who shall, by November 15 of each
year, approve or disapprove, or return for further
consideration, each project. The money for a project may be
expended only upon approval of the project by the governor.
The board may submit supplemental projects for approval at
any time. Supplemental projects must be submitted to the
members of the legislative advisory commission for their review
and recommendations of further review. If a recommendation is
not provided within ten days, no further review by the
legislative advisory commission is required, and the governor
shall approve or disapprove each project or return it for
further consideration. If the recommendation by any member is
for further review the governor shall submit the request to the
legislative advisory commission for its review and
recommendation. Failure or refusal of the commission to make a
recommendation promptly is a negative recommendation.
Sec. 122. Minnesota Statutes 1982, section 325F.20,
subdivision 1, is amended to read:
Subdivision 1. The commissioner shall adopt rules pursuant
to chapter 14 regarding quality, information, and product safety
specifications for the manufacture, labeling, installation, and
thermographing of insulation. The specifications and any
amendments to them shall conform as far as is practical to
federal standards or other standards generally accepted and in
use throughout the United States. The standards, with
modifications as may be deemed necessary, may be adopted by
reference. The specifications adopted and any amendments shall
be based on the application of scientific principles, approved
tests, and professional judgment. For purposes of this
subdivision, the commissioner may adopt temporary rules, which
may remain in effect for 360 days.
Sec. 123. Minnesota Statutes 1982, section 329.099, is
amended to read:
329.099 [DEFINITION.]
The term "transient merchant" includes any person,
individual, copartnership, and corporation, both as principal
and agent, who engage in, do, or transact any temporary and
transient business in this state, either in one locality, or in
traveling from place to place in this state, selling goods,
wares, and merchandise; and who, for the purpose of carrying on
such business, hire, lease, occupy, or use a building,
structure, vacant lot, or railroad car for the exhibition and
sale of such goods, wares, and merchandise. The term "transient
merchant" does not include a seller or exhibitor in a firearms
collector show involving two or more sellers or exhibitors.
Sec. 124. Minnesota Statutes 1983 Supplement, section
352D.02, subdivision 1, is amended to read:
Subdivision 1. [COVERED EMPLOYEES COVERAGE.] The following
employees, if they are in the unclassified service of the state
and are eligible for coverage under the Minnesota state
retirement system, shall participate in the unclassified program
unless an employee gives notice to the executive director of the
state retirement system within one year following the
commencement of employment in the unclassified service that the
employee desires coverage under the regular employee plan. For
the purposes of this chapter, an employee who does not file
notice with the executive director shall be deemed to have
exercised the option to participate in the unclassified plan.
(1) Any employee in the office of the governor, lieutenant
governor, secretary of state, state auditor, state treasurer,
attorney general or the state board of investment,
(2) The head of any department, division, or agency created
by statute in the unclassified service, an acting department
head subsequently appointed to the position, or any employee
enumerated in sections 15A.081, subdivision 1 or 15A.083,
subdivision 4,
(3) Any permanent, full-time unclassified employee of the
legislature or any commission or agency of the legislature or a
temporary legislative employee having shares in the supplemental
retirement fund as a result of former employment covered by this
chapter, whether or not eligible for coverage under the
Minnesota state retirement system,
(4) Any person employed in a position established pursuant
to section 43A.08, subdivision 1, clause (c), or subdivision 1a
or in a position authorized under a statute creating or
establishing a department or agency of the state, which is at
the deputy or assistant head of department or agency or director
level,
(5) The chairman, chief administrator, and not to exceed
nine positions at the division director or administrative deputy
level of the metropolitan waste control commission as designated
by the commission, and the chairman, executive director, and not
to exceed nine positions at the division director or
administrative deputy level of the metropolitan council as
designated by the council; provided that upon initial
designation of all positions provided for in this clause, no
further designations or redesignations shall be made without
approval of the board of directors of the Minnesota state
retirement system,
(6) The executive director, associate executive director,
and not to exceed nine positions of the higher education
coordinating board in the unclassified service, as designated by
the higher education coordinating board; provided that upon
initial designation of all positions provided for in this
clause, no further designations or redesignations shall be made
without approval of the board of directors of the Minnesota
state retirement system,
(7) The clerk of the appellate courts appointed pursuant to
Article VI, Section 2, of the Constitution of the state of
Minnesota,
(8) The chief executive officers of correctional facilities
operated by the department of corrections and of hospitals and
nursing homes operated by the department of welfare, and
(9) Any employee whose principal employment is at the state
ceremonial house, and
(10) Any employee of the world trade center board.
Sec. 125. Minnesota Statutes 1982, section 352E.02, is
amended to read:
352E.02 [PEACE OFFICERS BENEFIT FUND.]
There is hereby created in the state treasury an account to
be known as peace officers benefit fund. Funds in the peace
officers benefit fund shall consist of moneys appropriated to
that fund. The administrator of the fund is the commissioner of
labor and industry, who shall follow the procedures specified in
section 176.541, subdivisions 2, 3, and 4.
Sec. 126. Minnesota Statutes 1982, section 352E.04, is
amended to read:
352E.04 [DISBURSEMENTS.]
Upon certification to the governor by the administrator of
any state or governmental subdivision employing peace officers
the fund that a peace officer employed by that a state or
governmental subdivision within this state has been killed in
the line of duty, leaving a spouse or one or more eligible
dependents, the commissioner of finance shall, subject to the
approval of the workers' compensation court of appeals, pay
$50,000 as follows:
(a) If there is no dependent child, to the spouse;
(b) If there is no spouse, to the dependent child or
children in equal shares;
(c) If there are both a spouse and one or more dependent
children, one-half to the spouse and one-half to the child or
children, in equal shares;
(d) If there is no surviving spouse or dependent child or
children, to the parent or parents dependent for support on the
decedent, in equal shares;
(e) If there is no surviving spouse or dependent child,
children or parent, then there shall be no payment made from the
peace officers benefit fund.
"Killed in the line of duty" does not include deaths from
natural causes or deaths that occur during employment for a
private employer.
Sec. 127. Minnesota Statutes 1982, section 398.09, is
amended to read:
398.09 [SPECIFIC POWERS.]
Park district boards in addition to the foregoing general
powers shall have these specific powers:
(a) The power to regulate by ordinance the use of the
waters of any lake lying wholly within a park established under
this chapter and the use of any lake shore which is within a
park established under this chapter and the waterfront
immediately abutting such lake shore for not to exceed 300 feet
therefrom, by all persons, including persons boating, swimming,
fishing, skating or otherwise, in, upon or about said lake, lake
shore and abutting waterfront, subject to regulation by the
state of Minnesota.
(b) The power to acquire lands either within or without the
park district for conversion into forest reserves and for the
conservation of the natural resources of the state, including
streams, lakes, submerged lands and swamplands, and to these
ends may create parks, parkways, forest reservations and other
reservations and afforest, develop, improve, protect and promote
the use of the same in such manner as is conducive to the
general welfare. These lands may be acquired by the board, on
behalf of the district, by gift or devise, by purchase or by
condemnation. In furtherance of the use and enjoyment of the
lands controlled by it, the board may accept donations of money
or other property, or may act as trustee of land, money or other
property and use and administer the same as stipulated by the
donor, or as provided in the trust agreement. The terms of each
such donation or trust shall first be approved by the district
court before acceptance by the board. If the park district
includes all or part of more than one court district, approval
shall be by the district court of the court district having the
largest area within the park district. In case of condemnation
the proceedings are to be instituted in the name of the district
and conducted in the manner provided in chapter 430 and acts now
in effect and hereafter adopted amendatory thereof and
supplemental thereto. Either the fee or any lesser interest may
be acquired as the board deems advisable. All awards not set
aside as therein provided shall be a charge upon the district
for which its credit shall be pledged. The duties specified to
be performed in said sections by the city council, the city
clerk and the city engineer, respectively, shall be performed by
the commissioners, the secretary and the superintendent of the
district. Appeals to the district court shall be taken to the
district court of the county in which the land lies. The
notices required to be published shall be published in every
case in a newspaper of general circulation published in the
county or counties wherein the land lies. All reports and
papers required by said sections to be filed with the city clerk
shall be filed with the secretary of the district. Unless a
lesser estate be designated, an absolute estate in fee simple,
unqualified in any way whatsoever, shall vest in the district in
every case of taking by the exercise of the power of eminent
domain, and such estate shall not be limited or qualified in any
way by construction. Nothing herein contained shall authorize
the board to:
1. Acquire real estate by purchase or condemnation which
is located within the boundaries of an incorporated statutory
city or city unless the governing body of such statutory city or
city shall have consented thereto by resolution duly adopted, or
2. Acquire real estate by condemnation which is located
outside the park district unless the board of county
commissioners of the county in which such property is located
has consented thereto by resolution duly adopted.
(c) The power, if the board finds that any lands which it
has acquired are not necessary for the purposes for which
acquired, to dispose of such lands upon such terms as are
advisable, including the power to transfer such lands to other
public corporations. Where lands which were acquired by
condemnation less than 20 years before are to be sold to private
parties, the former owners, or their heirs, successors or
assigns, shall be notified in writing of the board's intent to
dispose of the properties and shall be given 20 days to purchase
the property taken from them at such price as the board shall
deem fair compensation to the district for such property. The
board may lease any of its lands or permit their use for
purposes consistent with the purposes for which the lands were
acquired upon such terms as are advisable. No such lands shall
be sold without the approval of the district court of the county
in which the lands are situated.
(d) The power to fix, alter, charge and collect fees, tolls
and charges for the use of facilities of the park district, for
services rendered by, or for any commodities furnished by, or
for licenses issued by, the board pursuant to ordinances
authorized hereunder. All fines collected for any violation of
a board's ordinance shall be paid into the treasury of such park
district board.
(e) The power to borrow, make and issue negotiable bonds,
notes and other evidences of indebtedness, subject to the
provisions of sections 398.16 and 398.17, and to pledge its full
faith, credit and taxing power to the payment thereof, and/or to
secure the payment of such obligations or any part thereof by
mortgage, lien, pledge, deed of trust otherwise, on all or any
of its property, contracts, franchises or revenues and to make
such agreements with the purchasers or holders of such notes,
bonds or other evidences of indebtedness or with others in
connection with the same, whether issued or to be issued.
(f) The power to cooperate with or borrow from any
governmental organization, state or federal, or from any agency
of the state or federal government for any purpose within the
scope of the authority of this corporation.
(g) The power to cooperate with any public or municipal
corporation, with the counties and with any private or public
organization engaged in conservation, recreational activities,
protection of the public health and safety, prevention of water
pollution, sanitation, and/or mosquito abatement for any
constructive purpose, and the power, upon request, to assume
control of all or a portion of any existing parks or park lands
owned by any county government or municipal corporation in the
park district; such control shall be assumed only at the request
of and by agreement with the public authority in control of such
parks or park lands. Thereupon such parks or park lands may be
developed, improved, protected and operated as a park as in case
of lands otherwise acquired by the board. Such acquisition or
assumption of control or operation of a municipal park system by
a park district shall in no way impair the authority and power
of such municipality to levy and collect taxes for park,
playground and recreational purposes, all or part of such tax
funds to be transferred to the park district for such uses as
may be agreed upon between the district and the municipality.
(h) The power to designate employees as police officers
within the parks under the jurisdiction and control of the
board, and employees so designated may exercise all the powers
of police officers within the park lands under the jurisdiction
and control of the board. Before exercising these powers, each
such employee shall take an oath and give a bond to the state in
such sum as the board prescribes for the proper performance of
his duties in such respect. The board may contract with
municipalities or with the county or counties for the policing
of park properties.
(i) The power, upon a four-fifths vote of the board, to
enter into an agreement under section 471.59 with any political
subdivision, governmental unit, or agency, including an elected
park and recreation board in a city of the first class, to
expend public money, including bond proceeds, in its possession
for any metropolitan regional park purposes, including
transferring money in its possession as a grant to other
political subdivisions, governmental units, or agencies,
including an elected park and recreation board in a city of the
first class.
Sec. 128. Minnesota Statutes 1982, section 462A.05,
subdivision 20, is amended to read:
Subd. 20. The agency may make grants solely to non-profit
sponsors, as defined by the agency, for residential housing to
be used to provide temporary shelter housing to low and moderate
income persons and families having an immediate need for
temporary shelter housing as a result of natural disaster,
resettlement, condemnation, displacement, lack of habitable
housing or other cause defined by the agency. Grants pursuant
to this subdivision shall not be used for residential care
facilities or for facilities that provide housing available for
occupancy on less than a 24-hour continuous basis. To the
extent possible, a nonprofit sponsor shall combine the grant
with other funds obtained from public and private sources. In
making grants, the agency shall determine the circumstances
under which and the terms and conditions under which all or any
portion thereof will be repaid and the appropriate security
should repayment be required.
Sec. 129. Minnesota Statutes 1982, section 359.01, is
amended to read:
359.01 [COMMISSION.]
The governor may appoint and commission as notaries public,
by and with the advice and consent of the senate, as many
citizens of this state, over the age of 18 years, resident in
the county for which appointed, as he deems necessary. The fee
for each commission shall not exceed $10, and shall be paid to
the governor's private secretary.
Sec. 130. Minnesota Statutes 1983 Supplement, section
462A.07, subdivision 15, is amended to read:
Subd. 15. It may engage in housing programs for low and
moderate income American Indians as that term is defined in
section 254A.02, subdivision 11, residing in the metropolitan
area defined in section 473.121, subdivision 2, and cities with
a population greater than 50,000 persons. The programs shall
demonstrate innovative methods of providing housing for urban
Indians, may involve the construction, purchase, and
rehabilitation of residential housing, and may be administered
through any other provision of this chapter. To the extent
possible, the programs shall combine appropriated money with
other money from both public and private sources, except that
interest earned on the portion of an appropriation to be
expended for Indian housing programs in the city of Duluth does
not have to be combined with money from other sources.
Effective June 30, 1985, all money allocated by the agency under
this subdivision to programs for urban Indian housing that are
not subject to active contracts shall be reallocated by the
agency to programs to fulfill the purposes of this subdivision.
The agency shall consult with the advisory council on urban
Indians created pursuant to section 3.922, subdivision 8, in the
development of programs pursuant to this subdivision.
Sec. 131. Minnesota Statutes 1982, section 484.545,
subdivision 1, is amended to read:
Subdivision 1. The district judges regularly assigned to
hold court in each judicial district except for the second,
fourth, and tenth judicial districts may by orders filed with
the clerk of court and county auditor of each county in the
district appoint a competent law clerk for every two district
court judges of the judicial district. The district judges
regularly assigned to hold court in the first and tenth judicial
district districts may by orders filed with the clerk of court
and county auditor of each county in the district appoint a
competent law clerk for each district court judge of the
district. In addition, the Dakota county board of commissioners
may authorize the district judges regularly assigned to hold
court in the first judicial district to appoint three competent
law clerks, whose salaries shall be paid by the county.
Sec. 132. Minnesota Statutes 1983 Supplement, section
486.06, is amended to read:
486.06 [CHARGE FOR TRANSCRIPT.]
Subdivision 1. [FEE.] In addition to the salary specified
in section 486.05, the court reporter may charge for a
transcript of his or her record ordered by any person other than
the judge 35 50 cents per original folio thereof and seven and
one-half ten cents per folio for each manifold or other copy
thereof when so ordered that it can be made with the original
transcript.
Subd. 2. [ANNUAL FEE CHANGE AUTHORIZED.] Beginning August
1, 1983, and annually after that, the chief judge of the
judicial district may by order establish new transcript fee
ceilings per folio.
Sec. 133. [494.01] [COMMUNITY DISPUTE RESOLUTION PROGRAM.]
Subdivision 1. [DEFINITION.] For the purposes of sections
133 through 136 "dispute resolution" means a process voluntarily
entered by parties in disagreement using mediation or
arbitration to reconcile the parties' differences.
Subd. 2. [ESTABLISHMENT; ADMINISTRATION.] The dispute
resolution program shall be established and administered by the
state court administrator's office.
Subd. 3. [GUIDELINES.] The state court administrator shall
develop guidelines for use by community dispute resolution
programs and training programs for mediators and arbitrators for
those community dispute resolution programs. The guidelines
shall provide a method for insuring that participation in
dispute resolution is voluntary and shall include procedures for
case processing and program certification criteria which must be
met in order to receive court referrals. The guidelines shall
include standards for training mediators and arbitrators to
recognize matters involving violence against a person. Any
guidelines developed under this subdivision shall be submitted
to the chairmen of the judiciary committees in the house of
representatives and senate by February 1, 1985. The guidelines
shall not constitute a rule nor shall they be a substantive or
procedural law nor shall they take effect until the guidelines
are enacted by the legislature. This shall not limit the
existing authority of the state court administrator.
Subd. 4. [REPORTS.] The state court administrator shall
compile statistical data regarding community dispute resolution
programs, including the operation budget, the number of
referrals, categories or types of cases referred, number of
parties served, number of disputes resolved, nature of
resolution, amount and type of awards, rate of compliance,
returnees to the dispute resolution process, duration and
estimated costs of proceedings, and any other pertinent
information.
Sec. 134. [494.02] [CONFIDENTIALITY OF COMMUNICATIONS.]
Any communication relating to the subject matter of the
dispute by any participant during dispute resolution shall not
be used as evidence against a participant in a judicial or
administrative proceeding. This shall not preclude the use of
evidence obtained by other independent investigation.
Sec. 135. [494.03] [EXCLUSIONS.]
The guidelines shall exclude:
(1) any dispute involving violence against persons,
including incidents arising out of situations that would support
charges under sections 609.342 to 609.345, 609.3641 to 609.3644,
or 609.365;
(2) any matter involving a person who has been adjudicated
incompetent or relating to guardianship, conservatorship, or
civil commitment;
(3) any matter involving neglect or dependency, or
involving termination of parental rights arising under sections
260.221 to 260.245; and
(4) any matter arising under section 626.557 or sections
144.651 to 144.652, or any dispute subject to chapters 518,
518A, 518B, and 518C, whether or not an action is pending. This
shall not restrict the present authority of the court or
departments of the court from accepting for resolution a dispute
arising under chapters 518, 518A, and 518C, or from referring
disputes arising under chapters 518, and 518A to for-profit
mediation.
Sec. 136. [STATE COURT ADMINISTRATOR REPORT.]
By January 1, 1986, the state court administrator shall
report to the chairmen of the judiciary committees in the house
and in the senate the experience to date with the dispute
resolution program established pursuant to this act and shall
make recommendations for any changes that may be deemed
desirable in the dispute resolution program.
Sec. 137. Laws 1983, chapter 290, section 172, is amended
to read:
Sec. 172. [APPROPRIATIONS; COMPLEMENT INCREASE.]
Subdivision 1. [DEPARTMENT OF LABOR AND INDUSTRY.] (a)
There is appropriated to the department of labor and industry
for the fiscal years ending June 30 of the year indicated from
the general fund in the state treasury:
$1,947,500 $2,142,400
$1,907,500
The approved complement of the department of labor and
industry is increased by 90 of which two shall be federally
funded and 19 shall be from the special compensation fund. The
increased complement shall be allocated as follows:
(1) workers' compensation administration, 1;
(2) records and compliance, 15;
(3) rehabilitation service, 20;
(4) legal services, 1;
(5) settlement and docket, 3;
(6) mediation and arbitration, 6;
(7) research and education, 8;
(8) information management service, 6;
(9) state employee fund, 6;
(10) general support, 8; and
(11) special compensation fund, 19.
The appropriation provided by this clause (a) is for the
purpose of paying for the increased general fund complement and
expenses related to their duties except that $100,000 60,000
shall be used for the recodification of chapter 176 or related
purposes, including but not limited to the preparation of
indices, development and preparation of manuals or other
educational materials designed to explain the workers'
compensation law to employees, employers, insurers and other
interested parties. This $60,000 remains available until June
30, 1985.
The authorized complement for the records and compliance
section shall be reduced by four positions by June 30, 1985.
(b) There is appropriated to the department of labor and
industry for the fiscal years ending June 30 of the year
indicated from the general fund in the state treasury:
1984 1985
$437,500 $875,000
The appropriation provided by this clause (b) is for the
purpose of paying the state's premium to the workers'
compensation reinsurance association. The commissioner of
finance shall transfer to the general fund from each federal
fund, dedicated or special revenue fund, or revolving fund the
proportion of premium costs attributable to that fund as
calculated pursuant to section 10. The amounts necessary for
this transfer are appropriated from the various funds in the
state treasury from which salaries are paid.
(c) There is appropriated to the department of labor and
industry for the fiscal years ending June 30 of the year
indicated from the special compensation fund in the state
treasury:
1984 1985
$614,000 $646,400
The funds appropriated by this clause (c) are to pay the
expenses of the increased complement provided for the fund by
clause (a) and expenses related to their duties and to reimburse
the general fund for legal services performed on behalf of the
fund by the attorney general.
Sec. 138. Laws 1983, chapter 301, section 38, is amended
to read:
Sec. 38. INDIAN AFFAIRS
COUNCIL 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.
Contributions received in the first
year may be counted as match for the
second year.
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. 139. Laws 1983, chapter 301, section 39, is amended
to read:
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.
Contributions received in the first
year may be counted as match for the
second year.
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. 140. Laws 1983, chapter 301, section 40, is amended
to read:
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.
Contributions received in the first
year may be counted as match for the
second year.
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. 141. Laws 1983, chapter 301, section 41, is amended
to read:
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.
Contributions received in the first
year may be counted as match for the
second year.
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. 142. Laws 1983, chapter 301, section 42, is amended
to read:
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, incuding 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. 143. [AVAILABILITY OF APPROPRIATION.]
The appropriation to the commissioner of finance of
$600,000 in fiscal year 1985 made by Laws 1983, chapter 301,
section 53, for reimbursement of excess public employee pension
contributions as provided by that act and notwithstanding
anything to the contrary in that act is available for
expenditure in both fiscal years 1984 and 1985.
Sec. 144. [POLICE AND FIRE AID.]
Nothwithstanding any law to the contrary, payments to the
general fund required of local police and salaried firefighters
relief associations by Laws 1982, Third Special Session, chapter
1, article 2, section 2, subdivision 1, paragraph (v), clause
(6) may be retained by the local relief associations.
Sec. 145. [REALLOCATION OF APPROPRIATION BALANCE.]
The unexpended balance of $8,480,000 remaining in the
appropriation to the commissioner of finance for pension fund
reimbursements made by Laws 1982, Third Special Session, chapter
1, article II, section 2, subdivision 1, paragraph (v), clause
(9), as amended by Laws 1983, chapter 301, section 224, is
reallocated for expenditure in the following manner:
(a) $317,000 for refund to local police and salaried
firefighters relief associations of payments made by the
associations pursuant to Laws 1983, Third Special Session,
chapter 1, article II, section 2, subdivision 1.
(b) $6,163,000 for the fiscal year ending June 30, 1984,
for apportionment to the retirement associations governed by
Minnesota Statutes, chapters 354 and 354A. Apportionment shall
be made on the basis of each association's covered payroll in
basic and coordinated retirement plans for the fiscal year
ending June 30, 1983.
(c) $2,000,000 shall cancel back to the general fund.
Sec. 146. [AGRICULTURAL INTERPRETIVE CENTER.]
(a) Notwithstanding Laws 1983, chapter 344, section 13,
interest on funds not required for payments to the Agricultural
Interpretive Center and required to be invested by the state
board of investment, as well as payments back to the state of
Minnesota by the center, shall be credited to the state bond
fund and not to the general fund.
(b) Notwithstanding any contract with the operator of the
Agricultural Interpretive Center, the operator need not repay
the sum of $1,500,000 plus interest, and need not make debt
service payments to the state, except as provided in this
section. The operator of the Agricultural Interpretive Center
shall repay $600,000 to the state over a period of not more than
ten years from the date the last payment from the appropriation
in Laws 1983, chapter 344, section 13 was made to the operator.
Repayments shall be made in equal installments deposited in the
state treasury and credited to the state bond fund before
November 1 each year.
Sec. 147. [RATIFICATION.]
Subdivision 1. The labor agreement between the state of
Minnesota and the American federation of state, county, and
municipal employees, council 6, approved by the legislative
commission on employee relations on July 22, 1983, is ratified.
Subd. 2. The labor agreement between the state of
Minnesota and the Minnesota association of professional
employees, approved by the legislative commission on employee
relations on August 22, 1983, is ratified.
Subd. 3. The labor agreement between the state of
Minnesota and the middle management association, approved by the
legislative commission on employee relations on August 22, 1983,
is ratified.
Subd. 4. The labor agreement between the state of
Minnesota and the bureau of criminal apprehension agents'
association, Minnesota conservation officers association, and
Minnesota state patrol officers association, approved by the
legislative commission on employee relations on August 22, 1983,
is ratified.
Subd. 5. The labor agreement between the state of
Minnesota and the Minnesota government engineers' council,
approved by the legislative commission on employee relations on
August 22, 1983, is ratified.
Subd. 6. The commissioner of employee relations' plan for
unrepresented employees, approved by the legislative commission
on employee relations on August 22, 1983, is ratified.
Subd. 7. The commissioner of employee relations' plan for
managerial employees, as amended and approved by the legislative
commission on employee relations on October 3, 1983, is ratified.
Subd. 8. The salary plan for positions listed in section
15A.081, subdivision 1, approved by the legislative commission
on employee relations on October 3, 1983, is ratified.
Subd. 9. The labor agreement between the state of
Minnesota and the association of health treatment professionals,
approved by the legislative commission on employee relations on
October 3, 1983, is ratified.
Subd. 10. The labor agreement between the state of
Minnesota and the Minnesota nurses association, approved by the
legislative commission on employee relations on November 14,
1983, is ratified.
Subd. 11. The labor agreement between the state of
Minnesota and the interfaculty organization, Minnesota education
association, approved by the legislative commission on employee
relations on January 31, 1984, is ratified.
Subd. 12. The labor agreement between the state of
Minnesota and the Minnesota community college faculty
association, Minnesota education association, approved by the
legislative commission on employee relations on January 31,
1984, is ratified.
Subd. 13. The labor agreement between the state of
Minnesota and the Minnesota state university association of
administrative service faculty, international brotherhood of
teamsters, local 320, approved by the legislative commission on
employee relations on January 31, 1984, is ratified.
Subd. 14. The labor agreement between the state of
Minnesota and the state residential schools education
association is ratified.
Sec. 148. [INTERIM APPROVAL.]
After adjournment of the 1984 session but before the 1985
session of the legislature, the legislative commission on
employee relations may give interim approval to any negotiated
agreement, arbitration award, or compensation or salary plan
submitted to it under other law. The commission shall submit
the agreement, award, or plan to the entire legislature for
ratification in the same manner and with the same effect as
provided for agreements, awards, and plans submitted after
adjournment of the legislature in an odd-numbered year.
Sec. 149. [UNIT COMPOSITION SCHEDULE.]
The unit composition schedule adopted by the legislative
commission on employee relations on March 24, 1980, as amended
by the legislature and by action of the bureau of mediation
services, is amended by deleting the job classification "heavy
equipment service attendant" from unit 3, and inserting this job
classification in unit 2.
Sec. 150. [RED LAKE WATERSHED DISTRICT.]
The Red Lake watershed district may study ways to improve
the management of the Clearwater River.
Sec. 151. [MANUFACTURING GROWTH COUNCIL.]
Subdivision 1. [LEGISLATIVE FINDINGS AND PURPOSE.] The
legislature finds that manufacturing is vital to the economic
growth of Minnesota; that there is little knowledge or consensus
of future economic policy orientation in manufacturing in
Minnesota; that plant closings, job losses, and economic loss to
communities continue to threaten economic life in our state; and
that state and national business growth are undergoing patterns
of change.
In response to these findings, Minnesota must provide
leadership to examine issues relating to manufacturing by
establishing a mechanism to encourage consensus, compromise, and
broad support among diverse groups interested in Minnesota's
economic growth. Representatives of manufacturing management,
labor, and state government must work together to establish
long-term goals for manufacturing growth through careful
economic analysis. The legislature must clearly indicate to
manufacturing labor and management that it is willing to address
the problems of Minnesota manufacturers.
Subd. 2. [CREATION OF COUNCIL.] There is created the
Minnesota Manufacturing Growth Council whose purpose is to
address manufacturing concerns in Minnesota. The council shall
consist of 21 members appointed by the governor. The governor
shall serve as chairperson of the council. The governor shall
appoint seven members who represent manufacturing labor; seven
members who represent manufacturing management; the
commissioners of economic security, energy and economic
development, and labor and industry; one economist; and two
members of the public-at-large. The governor shall seek to
appoint at least one member representing manufacturing
businesses owned or managed by women.
Subd. 3. [DUTIES.] The duties and responsibilities of the
council are:
(1) to recommend realistic objectives and goals for state
manufacturing growth;
(2) to collect and analyze manufacturing data necessary for
state policymaking; the council shall monitor permanent plant
closings, plant relocations to other states, out-of-state
expansions by firms with headquarters or significant facilities
in Minnesota, expansions within the state, and new plant
start-ups; the council shall identify Minnesota's competitive
position in the national and international marketplace in both
general and industry-by-industry terms and shall forecast the
current and long-term supply and demand by industry for
Minnesota manufacturing labor and products;
(3) to devise a strategy for encouraging Minnesota-based
firms to maintain or expand production and jobs in the state;
(4) to identify the kinds of manufacturing firms that may
have a special economic advantage for locating in Minnesota;
(5) to provide a forum within state government to address
concerns and problems of individual manufacturers;
(6) to make regularly scheduled advisory reports to the
legislature that outline specific proposals for allocating state
resources necessary to implement a manufacturing policy;
(7) to design systematic procedures for measuring the
effect that proposed state policies will have on Minnesota's
position in the competition for manufacturing jobs;
(8) to create a center for productivity with the following
responsibilities: to organize an adopt-a-company program
designed to give small- to medium-sized companies assistance in
productivity, planning, implementation, and review; to promote
productivity improvements by acting as an information resource;
to determine a research program to evaluate productivity
processes and measure the improvements of various programs; to
encourage additional productivity partnerships between
manufacturing labor, management, and educational institutions;
and to sponsor group roundtables to discuss technology, improved
productivity, and concern for job security on a sector-by-sector
basis; and
(9) to conduct a study to consider establishing a program
to assist troubled manufacturing firms by determining the
feasibility of a state assistance program, outlining how the
program might work, and estimating its potential costs.
Subd. 4. [OFFICES, STAFF, SUPPORT.] The commissioner of
energy and economic development shall provide the council with
suitable offices, staff, and general administrative support.
Subd. 5. [REPEALER.] This section is repealed June 30,
1986.
Sec. 152. [CONVENTION FACILITY COMMISSION.]
Subdivision 1. [LEGISLATIVE POLICY; PURPOSE.] The
legislature finds that Minnesota does not have a convention
facility that is competitive in the national and international
convention market. The legislature also finds that establishing
a world class convention center in Minnesota could be an
economic development initiative of statewide significance that
may make a major contribution to the state's economic
development and employment objectives. It is therefore
necessary to determine the potential for improving Minnesota's
position in the national convention market, and to prepare a
proposal for the construction, operation, maintenance,
promotion, location, and financing of a world-class state
convention facility.
Subd. 2. [COMMISSION; MEMBERSHIP, ADMINISTRATION.] (a) The
Minnesota convention facility commission is established and
shall be organized, structured, and administered as provided in
this section.
(b) The commission consists of one member from each
congressional district and up to seven additional members,
including the chairman, appointed by the governor. Commission
members shall be compensated as provided in Minnesota Statutes,
section 15.0575, subdivision 3.
(c) The chairman of the commission shall be appointed by
the governor. The chairman shall preside at all meetings of the
commission, if present, and perform all other duties and
functions assigned by the commission or by law. The commission
may appoint from among its members a vice-chairman to act for
the chairman during temporary absence or disability.
Subd. 3. [POWERS OF COMMISSION.] (a) [GENERAL.] The
commission shall have all powers necessary or convenient to
discharge the duties imposed by law, including those specified
in this section.
(b) [ACTIONS.] The commission may sue and be sued and shall
is a public body within the meaning of chapter 562.
(c) [EMPLOYEES; CONTRACTS FOR SERVICES.] The commissioner
of energy and economic development may employ persons and
contract for services necesary to carry out the functions of the
commission. Employees are in the unclassified service and
members of the Minnesota State Retirement System.
(d) [RESEARCH.] The commmission may conduct research
studies and programs, collect and analyze data, prepare reports,
maps, charts, and tables, and conduct all necessary hearings and
investigations in connection with its functions.
Subd. 4. [COMMISSION DUTIES.] (a) [COMMISSION'S REPORT.]
Not later than February 5, 1985, the commission shall make a
report to the governor and legislature containing the
commission's findings and recommendations and a proposal for the
construction, operation, maintenance, promotion, location, and
financing of a Minnesota state convention facility.
(b) [SELECTION OF HOST CITY.] By September 11, 1984, the
commission shall choose the city in which the convention
facility is to be located. The commission shall hold at least
one hearing at which any city wishing to be considered as the
location for the convention facility may give testimony. For
the purposes of this section, the term "city" includes
statutory and home rule charter cities.
(c) [MARKET ANALYSIS.] The commission's report shall
contain a market analysis that evaluates Minnesota's potential
to compete successfully for large national conventions and
describes the type of convention, hotel, and related facilities
and promotional efforts needed to be competitive in the national
market.
(d) [ECONOMIC BENEFIT ANALYSIS.] The commission's report
shall estimate the economic and other impact of the proposed
facility.
(e) [OWNERSHIP AND OPERATION.] The commission's report
shall contain a primary proposal for ownership, operation, and
promotion of the facility along with a list of alternate
proposals.
(f) [LOCATION.] The commission's report shall contain a
listing of alternative sites considered for the convention
facility, and the proposal shall recommend a specific site for
the convention facility. The report shall indicate whether the
host city for the convention facility supports the proposed site.
(g) [FINANCING.] The commission's report shall include a
description of financing alternatives considered by the
commission and a proposed method for financing the facility.
Subd. 5. [TERMINATION.] This section is repealed July 1,
1985.
Sec. 153. [INDIAN COUNTRY LIQUOR LICENSES.]
Subdivision 1. [TOWN LIQUOR LICENSE.] Notwithstanding any
other provision of law, the town of Shingobee in Cass County and
the town of Lake Edward in Crow Wing County may renew any
off-sale intoxicating liquor licenses issued by it prior to the
effective date of this act, and all licenses issued by the town
prior to the effective date of this act may remain in effect.
Subd. 2. [ON-SALE AND OFF-SALE LICENSES; INDIAN
RESERVATIONS.] Notwithstanding section 340.11 or any other law
to the contrary, a license to sell off-sale or on-sale
intoxicating liquor in effect on July 1, l984, and issued by the
governing body of an Indian tribe in accordance with United
States Code, title 18, section 1161, is valid under chapter 340
without obtaining a license from a local unit of government. A
valid license under this section may be renewed with the
approval of the commissioner of public safety.
Subd. 3. [REPEALER.] This section is repealed July 1, 1985.
Sec. 154. [LINO LAKES ENERGY SERVICES.]
Notwithstanding any other law to the contrary, there shall
be no shared energy services under Minnesota Statutes, section
16.02, subdivision 29, at the Minnesota correctional facility at
Lino Lakes.
Sec. 155. [REPEALER.]
Minnesota Statutes 1982, sections 10.13; 16A.132; 16A.51;
16A.59; and 16A.73; 84.82, subdivision 1; Minnesota Statutes
1983 Supplement, section 17.106; and Laws 1983, chapter 301,
section 233, are repealed.
Sec. 156. [EFFECTIVE DATE.]
This article is effective the day following final
enactment, except that the motor vehicle transfer fee is
effective for initial registrations and transfers that occur on
and after September 1, 1984.
ARTICLE 3
AGRICULTURE, TRANSPORTATION AND OTHER AGENCIES
Section 1. TRANSPORTATION
Approved Complement
Trunk Highway - Add 9
The appropriations in this section are
from the trunk highway fund, except
where another fund is designated.
(a) Trunk Highway Development 26,300,000 23,500,000
It is estimated that this appropriation
will be funded by Federal Highway Aid
amounting to $26,300,000 and the
transfer of motor vehicle excise tax
receipts amounting to $23,500,000.
This appropriation is added to the
appropriation in Laws 1983, chapter
293, section 2, subdivision 2.
(b) County State Aids 11,300,000
This appropriation is added to the
appropriation in Laws 1983, chapter
293, section 2, subdivision 2.
This appropriation is from the county
state-aid highway fund and is available
until expended.
(c) Municipal State Aids 3,400,000
This appropriation is added to the
appropriation in Laws 1983, chapter
293, section 2, subdivision 2.
This appropriation is from the
municipal state-aid street fund and is
available until expended.
(d) Equal Employment Opportunity 255,000
This appropriation is added to the
appropriation for construction support
in Laws 1983, chapter 293, section 2,
subdivision 3.
(e) Maintenance Deficiency 1,000,000
This appropriation is added to the
appropriation for maintenance in Laws
1983, chapter 293, section 2,
subdivision 3.
Of the appropriation in Laws 1983,
chapter 293, section 2, subdivision 3,
for highway maintenance, $930,000 of
the appropriation for fiscal year 1985
is also available for fiscal year 1984.
(f) Expanded Program Delivery 6,500,000
This appropriation is added to the
engineering services activity
appropriation in Laws 1983, chapter
293, section 2, subdivision 4.
The commissioner of administration
shall prepare a report to the chairman
of the house appropriations committee
and the chairman of the senate finance
committee regarding the long-term
staffing and financial needs required
by the department of transportation in
order to provide maximum cost
effectiveness in the delivery of the
projected highway construction
improvement program. This report shall
include, but is not necessarily limited
to, an assessment of staffing needs in
design and construction for a projected
ten-year period, assumptions used in
projecting the level of the highway
improvement program, cost effectiveness
of consultant work in all areas of
project development, and
recommendations on the criteria which
should be used to guide decisions on
the need for enhancing department
complement levels or contracting for
project development services. The
commissioner of transportation shall
cooperate in the preparation of this
report. The commissioner of
administration shall submit the report
along with recommendations to the
chairman of the house appropriations
committee and the chairman of the
senate finance committee by November 1,
1984.
This appropriation shall not be
considered the base appropriation for
succeeding fiscal years. The
commissioner of transportation shall
incorporate the recommendations of the
report as part of the department's
1985-1987 biennial budget submitted to
the legislature.
The commissioner of transportation
shall not alter the existing nine
district departmental structure prior
to June 30, 1985.
(g) Junkyard Regulation, Screening,
and Removal 250,000
This appropriation is from the general
fund to pay the costs incurred under
Minnesota Statutes, section 161.242,
subdivisions 3 and 4, and to make
reimbursements to counties, on
application by them, for the reasonable
costs incurred by them in the
enforcement of county ordinances
regulating junkyards.
(h) Bicycle Transportation Program 66,600
This appropriation is added to the
environmental services activity
appropriation in Laws 1983, chapter
293, section 2, subdivision 4.
(i) Transit Assistance 12,600,000
This appropriation is from the transit
assistance fund and is available only
for distribution as provided in this
paragraph.
The commissioner may distribute up to
100 percent of the receipts made
available for the metropolitan area in
the fiscal year ending June 30, 1985,
for the planning and engineering design
for light rail transit in the Hiawatha,
University and Southwest Corridors.
The commissioner may distribute up to
100 percent of the receipts made
available for recipients outside of the
metropolitan area in the fiscal year
ending June 30, 1985, as he deems
appropriate.
The commissioner of transportation
shall submit to the chairman of the
house appropriations committee and the
chairman of the senate finance
committee budget and proposed contract
plans for the expenditure of this
appropriation. The commissioner shall
not expend this appropriation until the
chairmen have made their
recommendations on the expenditure
plans and contracts. The
recommendations are advisory only.
For the biennium ending June 30, 1985,
the Metropolitan Transit Commission
shall provide each month to the
administrator of the Work Incentive
Program in the Department of Economic
Security no more than 575 monthly
"All-You-Can-Ride" bus passes for use
by the participants in the training and
job replacement programs.
(j) Rail Service Improvements 17,500
This appropriation is from the general
fund.
This appropriation is for the purpose
of conducting a study of expanded
railroad passenger service.
The commissioner of transportation
shall study the feasibility and
potential methods of expanding railroad
passenger service in the state. The
study must examine the following rail
corridors: (1) St. Paul to Willmar to
Morris to Breckenridge to Moorhead; (2)
Moorhead to Grand Forks to Winnipeg;
(3) St. Paul to Mankato to Worthington;
(4) St. Paul to Northfield to Owatonna
to Albert Lea to Austin; (5) Duluth to
Virginia to International Falls to
Winnipeg; (6) St. Paul to Rochester;
and St. Paul to Alexandria to Fergus
Falls to Moorhead to Winnipeg. The
commissioner shall collect ridership
data independent from AMTRAK data to
analyze ridership and shall focus on
local and intermediate stops. In
analyzing the feasibility of expanding
the railroad passenger service, the
commissioner shall consider the
following factors and any other factors
deemed appropriate: (1) minimum train
speed, service frequency, and
performance standards; (2) station
locations; (3) availability of
equipment; (4) ridership forecasts; (5)
track upgrading estimates; (6) fuel
consumption; and (7) estimated fare
recovery in relation to total operating
costs. The commissioner shall report
to the house and senate transportation
committees by February 1, 1985, on his
findings and recommendations.
This appropriation may not be expended
until units of government along the
proposed corridors have committed at
least $17,500 to match it.
Notwithstanding any provision of
Minnesota Statutes, chapter 16A or any
other law, the total amount
appropriated for rail service
improvements by Laws 1983, chapter 293,
section 2, subdivision 5(a), shall be
available for expenditure in any fiscal
year.
(k) General Support 169,100
$147,400 of this appropriation is added
to the finance and administration
activity appropriation in Laws 1983,
chapter 293, section 2, subdivision 7.
$21,700 of this appropriation is added
to the general services activity
appropriation in Laws 1983, chapter
293, section 2, subdivision 7.
Sec. 2. PUBLIC SAFETY
Approved Complement
General - Add 5.25
Trunk Highway - Subtract 1
Federal - Add 1.25
(a) Capitol Security Position Transfer 40,900
This appropriation is added to the
appropriation for capitol security in
Laws 1983, chapter 293, section 4,
subdivision 7. The trunk highway fund
appropriation for the state patrol in
Laws 1983, chapter 293, section 4,
subdivision 6, is reduced by $40,900
for the year ending June 30, 1985.
(b) Natural Gas Pipeline Safety 34,800
This appropriation is added to the
appropriation for fire safety in Laws
1983, chapter 293, section 4,
subdivision 5.
(c) Licensing and Regulation of Video
Games of Chance 75,000
This appropriation is for the liquor
control division to regulate the sale
and operation of video games of chance
in Minnesota.
(d) Local Grants for Buy Fund 100,000
This appropriation is added to the
appropriation in Laws 1983, chapter
293, section 4, subdivision 4, for
grants to local officials for the
cooperative investigation of
cross-jurisdictional criminal activity.
The commissioner of public safety shall
report to the legislature by March 1,
1985, on the expenditure of money from
this appropriation.
Sec. 3. AGRICULTURE
Approved Complement
General Fund - Add 8
Seven of these positions are in the
unclassified service.
(a) Quality Standards for Milk Manufacturers 40,000
This appropriation is added to the
appropriation for agricultural
protection services in Laws 1983,
chapter 293, section 5.
The general fund appropriation for Milk
for Manufacturing investment
reimbursements in Laws 1983, chapter
232, section 3, subdivision 1, is
reduced by $40,000 for the biennium
ending June 30, 1985.
(b) Claims for Livestock Depredation 30,000
This appropriation is added to the
appropriation for administration and
financial aids services in Laws 1983,
chapter 293, section 5.
(c) Trade and Export Activity 108,000 142,000
This appropriation is added to the
appropriation for the same purpose in
Laws 1983, chapter 301, section 29.
Any unencumbered balance of this
appropriation remaining in the first
year shall not cancel, but is available
for the second year of the biennium.
(d) International Trade 59,000
This appropriation is added to the
appropriation for the trade and export
office in Laws 1983, chapter 301,
section 29.
$180,000 of the appropriation made in
Laws 1983, chapter 301, section 29, for
the trade and export office shall not
cancel but is available for fiscal year
1985.
(e) Family Farm Crisis Project 50,000
This appropriation shall be used to
provide financial advice and counsel to
farmers in financial crisis.
Individuals providing advice and
counsel to farmers in financial crisis
shall be knowledgable and gualified and
shall be trained by the commissioner of
agriculture before beginning their
duties.
(f) Administration and Financial
Aids Services 65,000
This appropriation is for the purpose
of contracting for studies into the
effects and abatement of animal health
and production problems created by
stray voltage. Results of the studies
shall be reported to the legislature by
March 1, 1985.
(g) Soil and Water Conservation 74,000
This appropriation is for the purpose
of implementing the various
agricultural land preservation and
conservation programs provided for by
this act.
(h) Availability of Certain Appropriations
Notwithstanding any contrary provision
of Laws 1983, chapter 293, section 5,
the appropriations made in that section
for the southern Minnesota river basin
study area 2 and for grants to soil and
water districts for cost-sharing
contracts for erosion control and water
quality management are available until
expended.
Sec. 4. COMMERCE
Approved Complement
General Fund - Add 12
(a) Real Estate Education and Research 25,000
This appropriation is added to the
appropriation for investment protection
in Laws 1983, chapter 293, section 7.
This appropriation is from the real
estate education, research, and
recovery account in the special revenue
fund for the purpose of Minnesota
Statutes, section 82.34, subdivision 6.
(b) Enforcement and Investigation 348,500
This appropriation is added to the
appropriation in Laws 1983, chapter
293, section 7.
Sec. 5. BOARD OF BOXING 22,800
Approved Complement - Add 1
This appropriation is added to the
appropriation in Laws 1983, chapter
293, section 8, subdivision 6.
Sec. 6. PUBLIC SERVICE 85,000
This appropriation is added to the
appropriation in Laws 1983, chapter
293, section 10, for the purpose of
relocating the weights and measures
division.
Of this amount no more than $30,000
shall be recovered through the
division's service fees and may be
distributed equitably over a period not
to exceed five years.
The attorney general shall pursue
reimbursement to the general fund from
the trunk highway fund and the federal
government for costs associated with
the relocation of the weights and
measures division.
Sec. 7. RACING COMMISSION
The University of Minnesota shall
prepare and present to the legislature
by January 1, 1985, a plan for
providing analytical laboratory
services for medical testing of horses
running at racetracks licensed by the
Minnesota racing commission. If the
racing commission, in cooperation with
the University of Minnesota, finds it
necessary to obtain funding for the
racing analytical laboratory before
January 1, 1985, in order for the
laboratory to be operational for the
1985 racing season, the racing
commission may apply to the legislative
advisory commission for funding from
the general contingent account.
Sec. 8. MINNESOTA HISTORICAL SOCIETY
(a) Artists Exhibit in the State Capitol 50,000
(b) Acquire and restore Lind House 30,000
This appropriation is for payment to
the City of New Ulm, but is available
only to match contributions received
from nonstate sources in the amount of
$30,000, dollar for dollar. This
appropriation is available until June
30, 1985.
(c) Roy Wilkins Memorial
The Minnesota historical society shall
prepare a proposal for the legislature
recommending a suitable memorial in the
state capitol area commemorating the
life and works of Roy Wilkins. The
Minnesota historical society shall
solicit the advice of the National
Association for the Advancement of
Colored People and the capitol area
architectural and planning board
regarding the design and placement of
the proposed memorial. The Minnesota
historical society shall submit the
proposal not later than February 1,
1985.
(d) State Archaeologist 26,500
This appropriation is for payment to
the state archaeologist for the purpose
of performing the duties relating to
Minnesota Statutes, sections 138.31 to
138.42.
(e) Birch Coulee Battlefield
State Historic Site 10,000
This appropriation is to repair park
facilities and make road improvements
related to conveyance of the picnic
grounds area to Renville County.
Sec. 9. BOARD OF THE ARTS
(a) Administrative Services 5,000
(b) Grants 100,000
$50,000 is to match a sponsorship
program grant from the Northwest Area
Foundation and may be used only for
that purpose.
$50,000 is to be granted to the
regional arts councils to match
sponsorship program grants from the
Blandin Foundation and may be used only
for that purpose.
The appropriations in (a) and (b) are
added to the appropriations for the
same purposes in Laws 1983, chapter
293, section 18.
Sec. 10. VOYAGEURS NATIONAL PARK
CITIZENS COMMITTEE 11,500 22,000
This appropriation is added to the
appropriation in Laws 1983, chapter
293, section 15. This appropriation is
for the purpose of seeking federal
funds for the planning and development
of the Voyageurs National Park and to
promote Voyageurs National Park on a
national level through designation of
the Voyageurs National Park as a pilot
project area for the national tourism
and recreation industry program, except
that $5,000 in the second year is for
planning, promoting, and implementing a
Voyageurs recognition day and for
general promotional purposes.
Any unencumbered balance remaining in
the first year shall not cancel, but is
available for the second year of the
biennium.
Sec. 11. VETERANS OF FOREIGN WARS 5,000
This appropriation is added to the
appropriation in Laws 1983, chapter
293, section 25.
Sec. 12. UNIFORM LAWS COMMISSION 4,000
This appropriation is added to the
appropriation in Laws 1983, chapter
293, section 14.
Of this appropriation, $500 may be used
for the purpose of supporting the
activities of the annual convention to
be held in Minnesota.
Sec. 13. Minnesota Statutes 1983 Supplement, section
10A.01, subdivision 18, is amended to read:
Subd. 18. "Public official" means any:
(a) member of the legislature;
(b) constitutional officer in the executive branch and his
chief administrative deputy;
(c) member, chief administrative officer or deputy chief
administrative officer of a state board or commission which has
at least one of the following powers: (i) the power to adopt,
amend or repeal rules, or (ii) the power to adjudicate contested
cases or appeals;
(d) commissioner, deputy commissioner or assistant
commissioner of any state department as designated pursuant to
section 15.01;
(e) individual employed in the executive branch who is
authorized to adopt, amend or repeal rules or adjudicate
contested cases;
(f) executive director of the state board of investment;
(g) executive director of the Indian affairs intertribal
board;
(h) commissioner of the iron range resources and
rehabilitation board;
(i) director of mediation services;
(j) deputy of any official listed in clauses (e) to (i);
(k) judge of the workers' compensation court of appeals;
(l) hearing examiner or compensation judge in the state
office of administrative hearings or hearing examiner in the
department of economic security;
(m) solicitor general or deputy, assistant or special
assistant attorney general;
(n) individual employed by the legislature as secretary of
the senate, legislative auditor, chief clerk of the house,
revisor of statutes, or researcher or attorney in the office of
senate research, senate counsel, or house research; or
(o) member or chief administrative officer of the
metropolitan council, regional transit board, metropolitan
transit commission, metropolitan waste control commission,
metropolitan parks and open spaces commission, metropolitan
airports commission or metropolitan sports facilities
commission; or
(p) executive director of the Minnesota educational
computing consortium.
Sec. 14. Minnesota Statutes 1982, section 15.0597,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms shall have the meanings given them.
(a) "Agency" means (1) a state board, commission, council,
committee, authority, task force or other similar multi-member
agency created by statute and having statewide jurisdiction; and
(2) the metropolitan council, metropolitan transit commission
regional transit board, metropolitan airports commission,
metropolitan parks and open space commission, metropolitan
sports facilities commission, metropolitan waste control
commission, capitol area architectural and planning board, and
any agency with a regional jurisdiction created in this state
pursuant to an interstate compact.
(b) "Vacancy" or "vacant agency position" means (1) a
vacancy in an existing agency, or (2) a new, unfilled agency
position; provided that "agency" shall not mean (1) a vacant
position on an agency composed exclusively of persons employed
by a political subdivision or another agency, or (2) a vacancy
to be filled by a person required to have a specific title or
position.
(c) "Secretary" means the secretary of state.
Sec. 15. Minnesota Statutes 1983 Supplement, section
15A.081, subdivision 7, is amended to read:
Subd. 7. The following salaries are provided for officers
of metropolitan agencies:
Effective Effective
July 1 July 1
1983 1984
Chairman, metropolitan
council $47,000 50,000
Chairman, metropolitan
airports commission 14,000 16,000
Chairman, metropolitan
transit commission 42,000 46,000 -0-
Chairman, regional
transit board -0- 46,000
Chairman, metropolitan
waste contol
commission 18,500 20,000
Fringe benefits for unclassified employees of the
metropolitan waste control commission shall not exceed those
fringe benefits received by unclassified employees of the
metropolitan council.
Sec. 16. Minnesota Statutes 1982, section 17A.03, is
amended by adding a subdivision to read:
Subd. 13. [STATE LIVESTOCK WEIGHMASTER.] "State livestock
weighmaster" means a person employed by the department and
appointed by the commissioner to weigh livestock and issue
official certificates of state weight.
Sec. 17. Minnesota Statutes 1982, section 17A.03, is
amended by adding a subdivision to read:
Subd. 14. [PUBLIC LIVESTOCK WEIGHER.] "Public livestock
weigher" means a person employed by the company to be
responsible and accountable for weighing and recording the
weights of livestock.
Sec. 18. Minnesota Statutes 1982, section 17A.03, is
amended by adding a subdivision to read:
Subd. 15. [COMMERCIAL LIVESTOCK SCALE.] "Commercial
livestock scale" means a livestock scale or monorail scale used
in the purchase or sale of livestock or livestock carcasses. For
purposes of this subdivision, "livestock scale" means a scale
equipped with stock racks and gates and adapted to weighing
single or multiple heads of livestock standing on the scale
platform, and "monorail scale" means a scale, also called an
abattoir scale, a track scale, or a rail scale, the load
receiving element of which is part of a monorail conveyor system
and which is used primarily for the weighing of livestock
carcasses.
Sec. 19. Minnesota Statutes 1982, section 17A.04,
subdivision 1, is amended to read:
Subdivision 1. [LICENSING PROVISIONS.] Licenses shall be
issued to livestock market agencies and public stockyards
annually and shall expire on December 31 each year, renewable
annually thereafter. The license issued to a livestock market
agency and public stockyard shall be conspicuously posted at the
licensee's place of business. Licenses shall be required for
livestock dealers and their agents for the period beginning July
1 each year and ending June 30. The license issued to a
livestock dealer or the agent of a livestock dealer shall be
carried by the person so licensed. The livestock dealer shall
be responsible for the acts of his agents. Licensed livestock
market agencies, public stockyards, and livestock dealers shall
be responsible for the faithful performance of duty of the
public livestock weighers at their places of business. The
license issued to a livestock market agency, public stockyard or
a livestock dealer or agent of a livestock dealer is not
transferable. The operation of livestock market agencies,
livestock dealers, agents and packers at a public stockyard are
exempt from sections 17A.01 to 17A.09, 17A.12 to 17A.15, and
239.27.
Sec. 20. Minnesota Statutes 1982, section 17A.04,
subdivision 6, is amended to read:
Subd. 6. [REFUSAL TO LICENSE.] The commissioner shall
refuse to issue a livestock market agency or livestock dealer
license if the applicant has not filed a surety bond in the form
and amount required under sections 17A.04 and 17A.05; the
commissioner may refuse to issue a license if the applicant (1)
has not satisfactorily demonstrated by a current balance sheet
and financial statement that the applicant's assets exceed his
liabilities; (2) has been found by the department to have failed
to pay, without reasonable cause, obligations incurred in
connection with livestock transactions; or (3) has failed to
maintain and operate livestock or monorail scales in a manner to
ensure accurate and correct weights; or (4) has failed to comply
with other statutes or, rules, or regulations enforced by the
commissioner or, the board of animal health, the division of
weights and measures of the department of public service, or the
federal Packers and Stockyards Administration.
Sec. 21. Minnesota Statutes 1982, section 17A.04,
subdivision 7, is amended to read:
Subd. 7. [REVOCATION OF LICENSE.] Whenever the
commissioner finds that any livestock market agency or livestock
dealer has violated the provisions of sections 17A.04, 17A.05,
17A.07, or 17A.08 this chapter, or has failed to comply with
other laws, rules, or regulations enforced by the board of
animal health, the division of weights and measures of the
department of public service, or the federal Packers and
Stockyards Administration, the commissioner may, by order,
pursuant to the provisions of chapter 14, and this subdivision,
revoke the license of the offender. Before any such license
shall be revoked, the licensee shall be furnished with a
statement of the complaints made against him, and a hearing
shall be had before the commissioner upon at least ten days
notice to the licensee to determine whether such license shall
be revoked, which notice may be served either by certified mail
addressed to the address of the licensee as shown in his
application or in the manner provided by law for the service of
a summons. At the time and place fixed for hearing, the
commissioner or any official, employee or agent of the
department authorized by the commissioner, shall receive
evidence, administer oaths, examine witnesses, hear the
testimony and thereafter file an order either dismissing the
proceedings or revoking the license.
Sec. 22. Minnesota Statutes 1982, section 17A.04,
subdivision 8, is amended to read:
Subd. 8. [SUSPENSION OF LICENSE.] Whenever the
commissioner finds that the licensee has violated the provisions
of sections 17A.04, 17A.05, 17A.07, or 17A.08 this chapter, or
has failed to comply with other laws, rules, or regulations
enforced by the board of animal health, the division of weights
and measures of the department of public service, or the Federal
Packers and Stockyards Administration, and that the continued
activity of a licensee may cause irreparable injury or loss to
persons engaged in business with the licensee, the commissioner
may, without hearing, suspend the license of the licensee,
provided that when a license is so suspended, the commissioner
shall immediately initiate procedures to afford the licensee a
hearing pursuant to subdivision 7 except that the ten days
notice required in subdivision 7 may be waived by the licensee.
Sec. 23. Minnesota Statutes 1982, section 17A.05, is
amended to read:
17A.05 [AMOUNT OF BONDS.]
Subdivision 1. [LIVESTOCK MARKET AGENCIES.] The amount of
each livestock market agency bond filed with the commissioner
shall be not less than $10,000 or such larger amount as
required, based on the commissioner's consideration of the
principal's financial statement, the volume of business he
reports, or any other factor the commissioner deems pertinent
for the protection of the public. Each such bond shall be
executed on a Packers and Stockyards Act form and shall contain
the condition clause applicable when the principal sells on
commission. A bond equivalent in the form of a trust fund
agreement executed in accordance with the Packers and Stockyards
Act, 1921, as amended, (7 U.S.C. 181 et seq.) shall be is
acceptable.
Subd. 2. [LIVESTOCK DEALERS.] The amount of each livestock
dealer bond filed with the commissioner shall be not less than
$5,000 or such larger amount as required, based on the
commissioner's consideration of the principal's financial
statement, the volume of business he reports, or any other
factor the commissioner deems pertinent for the protection of
the public. Each such bond shall contain the condition clause
applicable when the principal buys on commission or as a
dealer. A livestock dealer's bond shall be executed on a form
furnished by the commissioner or in accordance with the Packers
and Stockyards Act, 1921, as amended, (7 U.S.C. 181 et seq.).
If the When a bond is executed on a state form furnished by
the commissioner, the bond shall be for the protection of both
the buyer and the seller named in the transaction when the
principal fails to pay when due for livestock purchased or sold
for his own account or the account of others and shall be
limited to the protection of claimants whose residence or
principal place of livestock business is in the state of
Minnesota at the time of the transaction. If the bond is filed
on a form in accordance with the Packers and Stockyards Act, the
bond shall cover claimants regardless of place of residence.
Sec. 24. Minnesota Statutes 1983 Supplement, section
17A.06, subdivision 3, is amended to read:
Subd. 3. [LEGAL PUBLIC NOTICE.] Prior to a hearing, the
commissioner shall notify by certified mail all known potential
claimants and publish a notice setting forth the default of the
licensee and requiring all claimants to file proof of claim with
the commissioner within three months 45 days of the date such
notice is published or be barred from participating in the
proceeds of the bond. Such publication shall be made for three
consecutive weeks in a newspaper published at the county seat of
in the county in which the licensee has his principal place of
business. The commissioner shall also fulfill any notice
requirements prescribed by chapter 14 and rules of the office of
administrative hearings. No claim shall be allowed unless it is
filed with the commissioner within one year of the date of the
transaction. If a livestock market agency or livestock dealer
has on file a Packers and Stockyards Act bond and is registered
with the Packers and Stockyards Administration, the terms of the
bond or that federal agency's regulations will control in
determining the time for filing claims.
Sec. 25. Minnesota Statutes 1982, section 17A.07, is
amended to read:
17A.07 [PROHIBITED CONDUCT.]
It shall be unlawful for any person to (1) carry on the
business of a livestock market agency or, livestock dealer, or
public stockyard without a valid and effective license issued by
the commissioner under the provisions of section 17A.04; (2)
carry on the business of a livestock market agency or livestock
dealer without filing and maintaining a valid and effective
surety bond in conformity with sections 17A.04 and 17A.05; (3)
carry on the business of a livestock market agency or livestock
dealer if he cannot pay his debts as they become due or ceases
to pay his debts in the ordinary course of business as they
become due; (4) use or allow to be used any livestock scale or
monorail scale which has not been certified and approved for
official use or has been found to be inaccurate; (5) fail to
maintain and operate livestock or monorail scales in a manner to
ensure accurate and correct weights; (6) weigh livestock or
carcasses at other than true and correct weights or issue
accounts and records on the basis of inaccurate or incorrect
weights; (7) engage in or use any unfair or deceptive practice
or device in connection with marketing of livestock; (5) (8)
willfully make or cause to be made any false entry or statement
of fact in any application, financial statement or report filed
with the department under the provisions of sections 17A.04,
17A.05 and 17A.08 this chapter.
Sec. 26. Minnesota Statutes 1982, section 17A.10, is
amended to read:
17A.10 [PACKING PLANTS, LIVESTOCK MARKET AGENCIES SCALES
AND STOCKYARDS; WEIGHERS WEIGHING.]
Subdivision 1. [COMMERCIAL LIVESTOCK SCALES.] All
livestock scales and monorail scales used for the purpose of
buying or selling livestock or livestock carcasses within the
state must meet the construction, maintenance, testing, and
certification requirements of the division of weights and
measures of the department of public service, and be in
compliance with the scales and weighing regulations of the
Packers and Stockyards Administration of the United States
Department of Agriculture and be tested and certified by the
state division of weights and measures. The division of weights
and measures or an authorized scale company shall test all
livestock scales at least twice per year. The department of
agriculture may perform scale maintenance inspections at least
twice per year at intervals that will provide alternate testing
or inspection of each scale every 90 days. Special tests may be
required as necessary. The basic maintenance tolerance for
livestock scales is one pound per 1,000 pounds of test load. The
responsibility for compliance of a scale with these requirements
rests with the owner or manager of the scale.
Subd. 2. [STATE LIVESTOCK WEIGHMASTERS.] The commissioner
shall appoint at public stockyards, packing plants, slaughtering
houses, buying stations, or livestock market agencies where the
average daily number of livestock weighed for the purpose of
establishing a basis for sale is 500 head or more, and the
commissioner may appoint state employees as necessary to provide
state weighing service at public stockyards, packing plants,
slaughtering houses, buying stations, or livestock market
agencies on application from such facilities where the average
daily number of livestock weighed for the purpose of
establishing a basis for sale is less than 500 head, such
weighers as may be necessary for weighing livestock, provided
that no weighers shall be required at facilities where the only
livestock handled has been previously purchased or acquired, and
title or terms of ownership already established. The
commissioner shall prescribe and follow such reasonable
regulations as he deems necessary for determining such daily
average. Such weighers the business entity requesting official
state livestock weighing. State livestock weighmasters shall
weigh all livestock coming to these places for sale, and keep a
record thereof. Upon request, the weighers shall of the
weights, and furnish the interested parties a certificate
setting forth of state weight stating the number of animals
weighed and the actual weight of such animal or the animals.
Such The certificate shall be is prima facie evidence of the
facts therein certified. The scales at all such places on which
livestock is weighed shall be constructed and maintained in
accordance with the requirements of the state division of
weights and measures, and be tested up to the maximum draft that
may be weighed thereon, at least once every 90 days, and be in
compliance with all the statutory requirements and regulations
adopted by the state division of weights and measures pertaining
to livestock scales and weighing. An application for official
state livestock weighing constitutes an agreement between the
business entity requesting state weighing and the commissioner.
The agreement is for one year beginning July 1 and ending the
following June 30. The agreement automatically renews each year
unless the average daily number of livestock weighed falls below
500 head, in which case the business entity must give the
commissioner a written notice of intent to terminate at least 90
days prior to July 1. Otherwise the commissioner shall continue
to provide state weighing services in accordance with this
chapter.
State weighing service that exists on January 1, 1984, may
not be terminated except as provided in this subdivision.
Subd. 3. [SUPERVISION AND ENFORCEMENT.] State livestock
weighmasters have charge over the scales on which official
certificates of state weight are issued to ensure compliance
with scale maintenance and testing requirements and proper
weighing procedures.
The commissioner shall appoint law compliance personnel as
necessary to provide maintenance inspections, check-weighing,
comparison weighing, and record audits and to investigate
complaints in order to enforce this chapter.
The regulations pertaining to livestock and monorail scales
adopted by the Packers and Stockyards Administration of the
United States Department of Agriculture are applicable in
Minnesota, and a memorandum of understanding with the Packers
and Stockyards Administration provides for a cooperative state
and federal enforcement program.
Sec. 27. Minnesota Statutes 1982, section 17A.11, is
amended to read:
17A.11 [FEES FOR LIVESTOCK WEIGHING.]
The commissioner shall prescribe the fee necessary to cover
the cost of such state weighing, to be assessed and collected
from the seller in such the manner as the commissioner may
prescribe; provided, that. The fee prescribed by the
commissioner shall not exceed the fee in effect on March 1,
1984. The fee assessed must be the same, and the manner of
collection thereof of the fee must be uniform at all facilities,
and provided, further, that if. At any location, except a
public stockyard, where state weighing is performed in
accordance with Laws 1974, Chapter 347 this chapter and the
total annual fees collected are insufficient to pay the cost of
such the weighing, the annual deficit shall be assessed and
collected in such the manner as the commissioner may prescribe.
Additional moneys money arising from the weighing of animals by
the commissioner, which have has been collected and retained by
any person, shall be paid on demand to the commissioner. All
moneys money collected by the commissioner shall be deposited in
the state treasury and credited to the livestock weighing fund,
and shall be paid out only on the order of the commissioner and
the state's warrant.
Sec. 28. Minnesota Statutes 1982, section 17A.12, is
amended to read:
17A.12 [QUALIFICATIONS.]
No weigher state livestock weighmaster shall, during his
the weighmaster's term of service, be in any manner financially
interested in the handling, shipping, purchase, or sale of
livestock, nor or in the employment of any person engaged
therein.
Sec. 29. [17A.17] [AUDIT BY DEPARTMENT.]
The department may audit records, including incoming
purchase records of a livestock packer and shipping weights or
transfer of weight invoices, in order to ensure there are no
weight discrepancies in hot weight or grade and yield
transactions.
Sec. 30. Minnesota Statutes 1983 Supplement, section
38.02, subdivision 1, is amended to read:
Subdivision 1. [PRO RATA DISTRIBUTION; CONDITIONS.] (1)
Money appropriated to aid county and district agricultural
societies and associations shall be distributed among all county
and district agricultural societies or associations in the state
pro rata, upon condition that each of them has complied with the
conditions specified in clause (2).
(2) To be eligible to participate in such distribution,
each such agricultural society or association (a) shall have
held an annual fair for each of the three years last past,
unless prevented from doing so because of a calamity or an
epidemic declared by the local board of health or the state
commissioner of health to exist; (b) shall have an annual
membership of 25 or more; (c) shall have paid out to exhibitors
for premiums awarded at the last fair held a sum not less than
the amount to be received from the state; (d) shall have
published and distributed not less than three weeks before the
opening day of the fair a premium list, listing all items or
articles on which premiums are offered and the amounts of such
premiums and shall have paid premiums pursuant to the amount
shown for each article or item to be exhibited; provided that
premiums for school exhibits may be advertised in the published
premium list by reference to a school premium list prepared and
circulated during the preceding school year; and shall have
collected all fees charged for entering an exhibit at the time
the entry was made and in accordance with schedule of entry fees
to be charged as published in the premium list; (e) shall have
paid not more than one premium on each article or item
exhibited, excluding championship or sweepstake awards, and
excluding the payment of open class premium awards to 4H Club
exhibits which at this same fair had won a first prize award in
regular 4H Club competition; (f) shall have submitted its
records and annual report to the commissioner of agriculture on
a form provided by the commissioner of agriculture, on or before
the first day of December November of the current year.
(3) All payments authorized under the provisions of this
chapter shall be made only upon the presentation by the
commissioner of agriculture with the commissioner of finance of
a statement of premium allocations. As used herein the term
premium shall mean the cash award paid to an exhibitor for the
merit of an exhibit of livestock, livestock products, grains,
fruits, flowers, vegetables, articles of domestic science,
handicrafts, hobbies, fine arts, and articles made by school
pupils, or the cash award paid to the merit winner of events
such as 4H Club or Future Farmer Contest, Youth Group Contests,
school spelling contests and school current events contests, the
award corresponding to the amount offered in the advertised
premium list referred to in schedule 2. Payments of awards for
horse races, ball games, musical contests, talent contests,
parades, and for amusement features for which admission is
charged, are specifically excluded from consideration as
premiums within the meaning of that term as used herein. Upon
receipt of the statement by the commissioner of agriculture, it
shall be the duty of the commissioner of finance to draw his
voucher in favor of the agricultural society or association for
the amount to which it is entitled under the provisions of this
chapter, which amount shall be computed as follows: On the
first $750 premiums paid by each society or association, such
society or association shall receive 100 percent reimbursement;
on the second $750 premiums paid, 80 percent; on the third $750
premiums paid, 60 percent; and on any sum in excess of $2,250,
40 percent.
(4) If the total amount of state aid to which the
agricultural societies and associations are entitled under the
provisions of this chapter exceeds the amount of the
appropriation therefor, the amounts to which the societies or
associations are entitled shall be pro rated so that the total
payments by the state will not exceed the appropriation.
Sec. 31. [40A.01] [STATE AGRICULTURAL LAND PRESERVATION
POLICY.]
Subdivision 1. [GOALS.] The goals of this chapter are to:
(1) preserve and conserve agricultural land for long-term
agricultural use in order to protect the productive natural
resources of the state, maintain the farm and farm-related
economy of the state, and assure continued production of food
and other agricultural products;
(2) preserve and conserve soil and water resources; and
(3) encourage the orderly development of rural and urban
land uses.
Subd. 2. [METHODS.] The goals contained in subdivision 1
will be best met by combining state policies and guidelines with
local implementation and enforcement procedures and private
incentives.
Sec. 32. [40A.02] [DEFINITIONS.]
Subdivision 1. [TERMS DEFINED.] As used in this chapter,
the terms defined in this section have the meanings given them.
Subd. 2. [AGENCY.] "Agency" means the state planning
agency.
Subd. 3. [AGRICULTURAL USE.] "Agricultural use" means the
production of livestock, dairy animals, dairy products, poultry
or poultry products, fur bearing animals, horticultural or
nursery stock, fruit, vegetables, forage, grains, or bees and
apiary products. "Agricultural use" also includes wetlands,
pasture, forest land, wildlife land, and other uses that depend
on the inherent productivity of the land.
Subd 4. [BOARD.] "Board" means the state soil and water
conservation board.
Subd. 5. [COMMISSIONER.] "Commissioner" means the
commissioner of agriculture.
Subd. 6. [CROP EQUIVALENT RATING.] "Crop equivalent
rating" means a rating that reflects the net economic return per
acre of soil when managed for cultivated crops, permanent
pasture, or forest, whichever provides the highest net return.
Subd. 7. [DEPARTMENT.] "Department" means the department
of agriculture.
Subd. 8. [DEVELOPMENT.] "Development" means the
subdivision and partitioning of land or the construction of
residences on land or the conversion to competing land uses.
Subd. 9. [DISTRICT.] "District" means a soil and water
conservation district.
Subd. 10. [EXCLUSIVE AGRICULTURAL USE ZONE.] "Exclusive
agricultural use zone" or "zone" means a zone created under this
chapter.
Subd. 11. [FOREST LAND.] "Forest land" has the meaning
given in section 88.01, subdivision 7.
Subd. 12. [LOCAL GOVERNMENT.] "Local government" means a
county or municipality.
Subd. 13. [METROPOLITAN AREA.] "Metropolitan area" has the
meaning given in section 473.121, subdivision 2.
Subd. 14. [MUNICIPALITY.] "Municipality" means a statutory
or home rule charter city or town.
Subd. 15. [OFFICIAL CONTROLS.] "Official controls" or
"controls" has the meaning given in section 462.352, subdivision
15.
Subd. 16. [SOIL SURVEY.] "Soil survey" means the
comprehensive inventory and classification of soil types being
conducted by the Minnesota cooperative soil survey.
Sec. 33. [40A.03] [PILOT COUNTY AGRICULTURAL LAND
PRESERVATION.]
Subdivision 1. [PILOT COUNTIES; SELECTION.] By January 1,
1985, the commissioner, in consultation with counties and
regional development commissions, where they exist, shall select
not more than seven counties located outside of the metropolitan
area that request to participate in a pilot program for county
agricultural land preservation. If possible, counties shall
include:
(1) a county that currently has official controls for
agricultural land preservation and an adjacent county that does
not have official controls;
(2) a county that is experiencing problems with forest land
preservation;
(3) a county where a high level of development is likely to
occur in the next ten years; and
(4) other counties representing a cross-section of
agricultural uses and land management problems in the state.
Subd. 2. [PLANS AND OFFICIAL CONTROLS.] By January 1,
1987, each pilot county selected under subdivision 1 shall
submit to the commissioner and to the regional development
commission in which it is located, if one exists, a proposed
agricultural land preservation plan and proposed official
controls implementing the plan. The commissioner, in
consultation with the regional development commission, shall
review the plan and controls for consistency with the elements
in this chapter and shall submit written comments to the county
within 90 days of receipt of the proposal. The comments must
include a determination of whether the plan and controls are
consistent with the elements in this chapter. The commissioner
shall notify the county of its determination. If the
commissioner determines that the plan and controls are
consistent, the county shall adopt the controls within 60 days
of completion of the commissioner's review.
Sec. 34. [40A.04] [STATEWIDE AGRICULTURAL LAND
PRESERVATION.]
Subdivision 1. [COUNTIES.] Each county with a completed
county soil survey, except for counties in the metropolitan
area, may submit to the commissioner and to the regional
development commission in which it is located, if one exists, a
proposed agricultural land preservation plan and proposed
official controls implementing the plan. The remaining counties
located outside of the metropolitan area may submit a proposed
plan and proposed controls. To the extent practicable,
submission of the proposal must coincide with the completion of
the county soil survey. The commissioner, in consultation with
the regional development commission, shall review the plan and
controls for consistency with the elements in this chapter and
shall submit written comments to the county within 90 days of
receipt of the proposal. The comments must include a
determination of whether the plan and controls are consistent
with the elements in this chapter. The commissioner shall
notify the county of its determination. If the commissioner
determines that the plan and controls are consistent, the county
shall adopt the controls within 60 days of completion of the
commissioner's review.
Subd. 2. [NONMETROPOLITAN CITY.] A city that is located
partially within a county in the metropolitan area but is not
included in the definition of the metropolitan area may elect to
be governed by this section. The city may:
(1) request the county outside of the metropolitan area
where it is partially located to include the city in the
agricultural land preservation plan and official controls of the
county, using the joint planning board process under section
462.3585; or
(2) perform the duties of a county independently under this
section.
If the city does not elect to be governed by this section,
the city shall perform the duties of an authority under chapter
473H.
Sec. 35. [40A.05] [ELEMENTS OF PLAN AND OFFICIAL
CONTROLS.]
Subdivision 1. [GENERAL.] The plans and official controls
prepared under this chapter must address the elements contained
in this section.
Subd. 2. [PLAN.] A plan must address at least the
following elements:
(1) integration with comprehensive county plans;
(2) identification of land currently in agricultural use,
including the type of agricultural use, the relative productive
value of the land based on the crop equivalent rating, and the
existing level of investment in buildings and equipment;
(3) identification of areas in which development is
occurring or is likely to occur during the next 20 years;
(4) identification of existing and proposed public sanitary
sewer and water systems;
(5) classification of land suitable for long-term
agricultural use and its current and future development;
(6) determination of present and future housing needs
representing a variety of price and rental levels and an
identification of areas adequate to meet the demonstrated or
projected needs; and
(7) a general statement of policy as to how the county will
achieve the goals of this chapter.
Subd. 3. [OFFICIAL CONTROLS.] Official controls
implementing a plan must be consistent with the plan and must
address at least the following elements:
(1) designation of land suitable for long-term agricultural
use and the creation of exclusive agricultural use zones,
allowing for conditional, compatible uses that do not conflict
with long-term agricultural use;
(2) designation of urban expansion zones where limited
growth and development may be allowed;
(3) residential density requirements and minimum lot sizes
in exclusive agricultural use zones and urban expansion zones;
and
(4) standards and procedures for county decisions on
rezoning, subdivision, and parcel divisions.
Sec. 36. [40A.06] [CONTESTED CASE HEARINGS; JUDICIAL
REVIEW.]
If a county or a municipality in the county disputes the
determination of the commissioner relating to the elements under
this chapter, the county or municipality may request that the
commissioner initiate a contested case proceeding under chapter
14 within 30 days after receiving the determination. In
addition, ten or more eligible voters of the county who own real
estate within the county may request a contested case
proceeding. The commissioner shall initiate the proceeding
within 30 days after receiving the request. Judicial review of
the contested case decision is as provided in chapter 14.
Sec. 37. [40A.07] [MUNICIPAL AGRICULTURAL LAND
PRESERVATION.]
Subdivision 1. [FAILURE BY COUNTY TO PLAN.] As of January
1, 1990, if a county has not submitted a proposed agricultural
land preservation plan and proposed official controls to the
commissioner and the regional development commission, if one
exists, a municipality within the county may request by
resolution that the county submit a plan and official controls
to the commissioner and the regional development commission. If
the county does not do so within one year of receipt of the
resolution, the municipality may perform the duties of the
county with respect to land under its jurisdiction.
Subd. 2. [RELATIONSHIP TO OTHER LAWS.] Nothing in this
chapter limits a municipality's power to plan or zone under
other laws or to adopt official controls that are consistent
with or more restrictive than those enacted by the county.
Sec. 38. [40A.08] [STATE PLANNING AGENCY; REGIONAL
DEVELOPMENT COMMISSIONS.]
The state planning agency shall cooperate with and assist
the commissioner in administering the agricultural land
preservation program under this chapter. The commissioner may
enter into agreements with the agency or a regional development
commission under which staff are loaned for the purpose of
selecting pilot counties and reviewing plans and official
controls for consistency with the state guidelines.
Sec. 39. [40A.09] [EXCLUSIVE AGRICULTURAL USE ZONE;
ELIGIBILITY.]
An owner or owners of land that has been designated for
exclusive long-term agricultural use under a plan submitted to
or approved by the commissioner is eligible to apply for the
creation of an exclusive agricultural use zone. Eligibility
continues unless the commissioner determines that the plan and
official controls do not address the elements contained in this
chapter or unless the county fails to implement the plan and
official controls as required by this chapter.
Sec. 40. [40A.10] [APPLICATION FOR CREATION OF EXCLUSIVE
AGRICULTURAL USE ZONE.]
Subdivision 1. [CONTENTS.] An eligible person may apply to
the county in which the land is located for the creation of an
exclusive agricultural use zone on forms provided by the
commissioner. In case a zone is located in more than one
county, the application must be submitted to the county in which
the majority of the land is located. The application must
contain at least the following information and other information
the commissioner requires:
(a) Legal description of the area to be designated and
parcel identification numbers where designated by the county
auditor;
(b) Name and address of the owner;
(c) A witnessed signature of the owner covenanting that the
land will be kept in exclusive agricultural use and will be used
in accordance with the provisions of this chapter that exist on
the date of application; and
(d) A statement that the restrictive covenant will be
binding on the owner or the owner's successor or assignee, and
will run with the land.
In the case of registered property, the owner shall submit
the owner's duplicate certificate of title along with the
application.
Subd. 2. [REVIEW AND NOTICE.] Upon receipt of an
application, the county shall determine if all material required
by subdivision 1 has been submitted and, if so, shall determine
that the application is complete. The county shall send a copy
of the application to the regional development commission, where
applicable, and the soil and water conservation district where
the land is located. The district shall prepare an advisory
statement of existing and potential conservation problems in the
zone. The district shall send the statement to the owner of
record and to the commissioner.
Subd. 3. [RECORDING.] Within five days of the date of
application, the county shall forward the application to the
county recorder, together with the owner's duplicate certificate
of title in the case of registered property. The county
recorder shall record the restrictive covenant and return it to
the applicant. In the case of registered property, the recorder
shall memorialize the restrictive covenant upon the certificate
of title and the owner's duplicate certificate of title. The
recorder shall notify the county that the covenant has been
recorded or memorialized.
Subd. 4. [COMMENCEMENT OF EXCLUSIVE AGRICULTURAL USE
ZONE.] The land is an exclusive agricultural use zone and
subject to the benefits and restrictions of this chapter
commencing 30 days from the date the county determines the
application is complete under subdivision 1.
Subd. 5. [FEE.] The county may require an application fee,
not to exceed $50.
Sec. 41. [40A.11] [DURATION OF EXCLUSIVE AGRICULTURAL USE
ZONE.]
Subdivision 1. [GENERAL.] An exclusive agricultural use
zone continues in existence until either the owner or the county
initiates expiration as provided in this section. The date of
expiration by the owner or the county must be at least eight
years from the date of notice under this section.
Subd. 2. [TERMINATION BY OWNER.] The owner may initiate
expiration of an exclusive agricultural use zone by notifying
the county on a form prepared by the commissioner and available
in each county. The notice must describe the property involved
and must state the date of expiration. The notice may be
rescinded by the owner during the first two years following
notice.
Subd. 3. [TERMINATION BY COUNTY.] The county may initiate
expiration of the exclusive agricultural use zone by notifying
the owner by registered mail on a form provided by the
commissioner, provided that before notification the following
conditions are met:
(a) The agricultural land preservation plan and official
controls have been amended so that the land is no longer
designated for long-term agricultural use; and
(b) The commissioner has reviewed and approved the amended
plan and official controls for consistency with the guidelines
contained in this chapter. The notice must describe the
property involved and must state the date of expiration.
Subd. 4. [NOTICE AND RECORDING; TERMINATION.] When the
county receives notice under subdivision 2 or serves notice
under subdivision 3, the county shall forward the original
notice to the county recorder for recording and shall notify the
regional development commission and the county soil and water
conservation district of the date of expiration. Designation as
an exclusive agricultural use zone and the benefits and
limitations contained in this chapter and the restrictive
covenant filed with the application cease on the date of
expiration. In the case of registered property, the county
recorder shall cancel the restrictive covenant upon the
certificate of title and the owner's duplicate certificate of
title on the effective date of the expiration.
Subd. 5. [EARLY EXPIRATION.] An exclusive agricultural use
zone may be terminated earlier than as provided in this section
only in the event of a public emergency upon petition from the
owner or county to the governor. The determination of a public
emergency must be made by the governor through executive order
under section 4.035 and chapter 12. The executive order must
identify the exclusive agricultural use zone, the reasons
requiring the action, and the date of expiration.
Sec. 42. [40A.12] [PROTECTION FOR NORMAL AGRICULTURAL
PRACTICES.]
Local governments may not enact ordinances or regulations
that may restrict or regulate normal agricultural practices
within an exclusive agricultural use zone unless the restriction
or regulation has a direct relationship to public health and
safety. This section applies to the operation of vehicles and
machinery for planting, maintaining, and harvesting crops and
timber and for caring and feeding farm animals, to the type of
farming, and to the design of farm structures, except for
residences.
Sec. 43. [40A.13] [SOIL CONSERVATION PRACTICES.]
Subdivision 1. [CONSERVATION PRACTICES TO PREVENT SOIL
LOSS REQUIRED.] An owner of agricultural land in an exclusive
agricultural use zone shall manage the land with sound soil
conservation practices that prevent excessive soil loss. Soil
loss is excessive if it is greater than the soil loss tolerance
for each soil type described in the United States soil
conservation service field office technical guide or if the soil
loss is greater than the soil loss allowed in an ordinance of
the county. A sound soil conservation practice prevents
excessive soil loss or reduces soil loss to the most practicable
extent. The county shall enforce this subdivision.
Subd. 2. [COMPLAINT.] An elected local government official
or district board member from the affected jurisdiction may
submit a written complaint to the county attorney if conditions
exist that indicate there is excessive soil loss from a tract of
land that affects another tract of land or body of water. The
written complaint must contain the name and address of the
landowner, the location of the tract of land with the excessive
soil loss, other land or water that is affected by the excessive
soil loss, and a description of the nature of the excessive soil
loss and resulting sedimentation. The county attorney may
submit the complaint to the district for soil loss determination.
Subd. 3. [DISTRICT DETERMINATION OF SOIL LOSS.] (a) Upon
request by the county attorney the district shall determine the
average soil loss in tons per acre per year of the tract of land
cited in the complaint.
(b) The district shall submit a report to the county
attorney that states the average soil loss in tons per acre per
year for each tract of land and if that soil loss exceeds the
amounts allowed in subdivision 1. If the soil loss is excessive
the report must include the existing management and soil
conservation practices and alternative practices that will
prevent excessive soil loss or reduce the soil loss to the most
practicable extent. If the report shows that the soil loss from
the tract of land is excessive and alternative practices are
available to reduce the soil loss the county attorney shall
submit the complaint and the report to the county board.
(c) The district may enter public or private land to make
an inspection for the determination of soil loss or to complete
the report. The landowners must be notified of the time of the
inspections and be given an opportunity to be present when the
inspection is made.
Subd. 4. [COUNTY BOARD INSPECTION; RESOLUTION.] (a) Upon
receipt of the complaint and district report from the county
attorney the county board may make an inspection of the land
cited in the complaint to determine if the land is managed
properly. The county board may enter public or private land to
make an inspection for the determination. The county board must
notify landowners of the time of the inspection and give them an
opportunity to be present when the inspection is made.
(b) If the county board determines that the land is managed
properly the complaint must be dismissed. If the county board
determines that the land is not being managed properly the board
shall adopt a resolution that describes alternative management
practices; requires the owner within one year after receiving
the resolution to commence practices or measures to reduce soil
loss to the most practicable extent or prevent excessive soil
loss, or submit a completed application for cost-sharing funds;
and require that the practices or measures must be completed
within one year after cost-sharing funds are available, or two
years after receiving the resolution, whichever is later. The
resolution must be delivered by personal service or certified
mail to the landowner cited in the complaint.
Subd. 5. [DISTRICT ASSISTANCE.] At the request of a
landowner receiving a resolution under subdivision 4, the
district shall assist in the planning, design, and application
of practices necessary to reduce soil loss to the amounts
allowed in subdivision 1 or to the greatest practicable extent.
The district shall give the landowner a high priority for
technical and cost-sharing assistance.
Sec. 44. [40A.14] [AGRICULTURAL LAND PRESERVATION AND
CONSERVATION AWARENESS PROGRAM.]
Subdivision 1. [ESTABLISHMENT AND ADMINISTRATION.] An
agricultural land preservation and conservation awareness
program is created. The commissioner shall administer the
program as provided in this section. The purposes of the
program are to promote and increase public awareness of:
(1) the need for agricultural land preservation and
conservation and the consequences of resource degradation;
(2) the physical, environmental, and social factors that
affect agricultural land use; and
(3) the availability and effectiveness of agricultural land
preservation and conservation approaches and technologies.
The commissioner shall administer the program in order to
develop a working partnership between the state and local
governments.
Subd. 2. [SURVEY.] The commissioner shall survey awareness
of agricultural land preservation and conservation problems,
technologies, and available technical and financial resources.
The survey must include:
(1) an assessment of related efforts of the United States
department of agriculture, the state soil and water conservation
board, the Minnesota association of soil and water conservation
districts, and other related public and private organizations;
(2) an assessment of programs in other states; and
(3) an assessment of attitudes among a variety of target
audiences in Minnesota that are involved in or affected by land
use decisions.
Subd. 3. [PUBLIC PARTICIPATION.] The commissioner shall
ensure the participation of a cross-section of the public in
developing and promoting programs under this chapter. The
commissioner shall actively solicit public involvement in
reviewing proposed agricultural land preservation plans and
proposed official controls. The commissioner shall assist the
public in obtaining information concerning the status of county
proposals and the agricultural land preservation and
conservation assistance program. The department may form a
citizen advisory board to assist it in assessing needs,
determining the feasibility of different approaches, and
securing applications for assistance and resources in local
situations.
Sec. 45. [40A.15] [AGRICULTURAL LAND PRESERVATION AND
CONSERVATION ASSISTANCE PROGRAM.]
Subdivision 1. [ESTABLISHMENT AND ADMINISTRATION.] An
agricultural land preservation and conservation assistance
program is created to provide technical and financial assistance
for agricultural land preservation and conservation activities
and to provide assistance to counties and municipalities in
preparing agricultural land preservation plans and official
controls. The commissioner shall administer the program under
rules promulgated under chapter 14. The commissioner shall
actively seek the involvement of local government officials in
the rulemaking process.
Subd. 2. [ELIGIBLE RECIPIENTS.] All counties within the
state, municipalities that prepare plans and official controls
instead of a county, and districts are eligible for assistance
under the program. Counties and districts may apply for
assistance on behalf of other municipalities. In order to be
eligible for financial assistance a county or municipality must
agree to levy at least one-half mill on the dollar of assessed
value of property within its jurisdiction for agricultural land
preservation and conservation activities or otherwise spend the
equivalent amount of local money on those activities, or spend
$15,000 of local money, whichever is less.
Subd. 3. [PROGRAM DEVELOPMENT.] In administering the
program the commissioner shall time the promotion of public
awareness and the distribution of technical and financial
assistance in order to maximize the use of available resources,
facilitate the agricultural land preservation process, and
promote sound soil conservation practices.
Subd. 4. [FINANCIAL ASSISTANCE.] The commissioner shall
administer grants for up to 50 percent of the cost of the
activity to be funded, except that grants to the pilot counties
shall be for 100 percent of the cost of preparing new plans and
official controls required under this chapter. Grants may not
be used to reimburse the recipient for activities that are
already completed. Grants may be used to employ and train
staff, contract with other units of government or private
consultants, and pay other expenses related to promoting and
implementing agricultural land preservation and conservation
activities. The commissioner shall prepare and publish an
inventory of sources of financial assistance. To the extent
practicable, the commissioner shall assist recipients in
obtaining matching grants from other sources.
Subd. 5. [TECHNICAL ASSISTANCE.] The commissioner shall
provide for technical assistance for eligible recipients. The
commissioner shall provide model plans and model official
controls for the preservation of land for long-term agricultural
use that address the elements contained in this chapter. To the
extent practicable, the commissioner shall provide technical
assistance through existing administrative structures. The
commissioner may contract for the delivery of technical
assistance by a regional development commission, a district, any
state or federal agency, any political subdivision of the state,
or private consultants. The commissioner shall prepare and
publish an inventory of sources of technical assistance,
including studies, publications, agencies, and persons available.
Sec. 46. [40A.16] [INTERAGENCY COOPERATION.]
The board, districts, the agency, and the department of
natural resources shall cooperate with and assist the
commissioner in developing and implementing the agricultural
land preservation and conservation awareness and assistance
programs. The commissioner may enter into agreements under
which staff from those agencies are loaned for the purpose of
administering the programs.
Sec. 47. [40A.17] [REPORT.]
The commissioner shall report to the legislature on January
1 and July 1 of each year on activities under this chapter. By
July 1, 1985, the report must include the survey of public
awareness in the awareness program. The report shall include
recommendations for funding levels and other necessary
legislative action.
Sec. 48. Minnesota Statutes 1983 Supplement, section
43A.04, subdivision 8, is amended to read:
Subd. 8. [DONATION OF TIME BY STATE PATROL.]
Notwithstanding any law to the contrary, the commissioner shall
authorize the appointing authority to permit the donation of up
to three hours of accumulated vacation time in each year by each
employee who is a member of law enforcement unit number 1 to
their union representative for the purpose of carrying out the
duties of his or her office.
Sec. 49. Minnesota Statutes 1982, section 117.195,
subdivision 1, is amended to read:
Subdivision 1. [AWARD; INTEREST.] All damages allowed
under this chapter, whether by the commissioners or upon appeal,
shall bear interest from the time of the filing of the
commissioner's report or from the date of the petitioner's
possession whichever occurs first. The rate of interest shall
be determined according to section 549.09. If the award is not
paid within 70 days after the filing, or, in case of an appeal
within 45 days after final judgment, or within 45 days after a
stipulation of settlement, the court, on motion of the owner of
the land, shall vacate the award and dismiss the proceedings
against the land.
Sec. 50. Minnesota Statutes 1982, section 117.232,
subdivision 1, is amended to read:
Subdivision 1. When acquisition of private property is
accomplished by the state department of transportation by direct
purchase the owner shall be entitled to reimbursement for
appraisal fees, not to exceed a total of $300 $500. When
acquisition of private property is accomplished by any other
acquiring authority, the owner is entitled to reimbursement for
appraisal fees, not to exceed $300 $500, if the owner is
otherwise entitled to reimbursement under sections 117.50 to
117.56. The purchaser in all instances shall inform the owner
of his right, if any, to reimbursement for appraisal fees
reasonably incurred, in an amount not to exceed $300 $500,
together with relocation costs, moving costs and any other
related expenses to which an owner is entitled by sections
117.50 to 117.56. This subdivision does not apply to
acquisition for utility purposes made by a public service
corporation organized pursuant to section 300.03 or electric
cooperative associations organized pursuant to section 308.05.
Sec. 51. Minnesota Statutes 1982, section 155A.06,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] The Minnesota cosmetology
advisory council is created, consisting of nine 11 members, as
follows: Three members representative of consumers; three four
cosmetologists or shop managers; two three cosmetology school
representatives, at least one representing of whom shall
represent public cosmetology schools and one representing
represent private cosmetology schools; and one representative of
manufacturers of cosmetology products. The chair shall be
selected at the first meeting of each year by the council from
among its members by majority vote and shall serve until a
successor is elected.
Sec. 52. Minnesota Statutes 1982, section 161.173, is
amended to read:
161.173 [SUBMISSION OF CORRIDOR PROPOSAL.]
The commissioner shall submit to the governing body of each
municipality wherein a trunk highway is proposed to be
constructed or improved, and to the governing body of each
municipality adjacent to any such municipality, a report
containing: a statement of the need for this proposed
construction or improvement, a description of alternate routes
which were considered by the commissioner and an explanation of
the advantages and disadvantages in the selection of any route
considered. The report shall also contain for each alternate,
the following information: general alignment and profile,
approximate points of access, highway classification, an
approximate cost estimate, relation to existing and planned
regional and local development and to other transportation
routes and facilities, and a statement of the expected general
effect on present and future use of the property within the
corridor. Where a state trunk highway is proposed to be
constructed or improved within the metropolitan area, a copy of
the report shall also be submitted to the metropolitan council
and the metropolitan transit commission regional transit board
established by chapter 473. In all areas of the state a copy of
the report shall be sent to established regional, county and
municipal planning commissions in the area affected by the
highway project. Not less than 45 nor more than 90 days, or as
otherwise mutually agreed, after the report has been submitted,
the commissioner shall hold a public hearing on the proposed
highway construction or improvement at such time and place
within any municipality wherein a portion of the proposed
construction or improvement is located, as the commissioner
shall determine. Not less than 30 days before the hearing the
commissioner shall mail notice thereof to the governing body of
each municipality or agency entitled to receive a copy of the
report, and shall cause notice of the hearing to be published at
least once each week for two successive weeks in a newspaper or
newspapers having general circulation in such municipalities,
the second publication to be not less than five days before the
date of the hearing. The notice shall state the date, time,
place and purpose of the hearing, shall describe the proposed or
actual general location of the highway to be constructed or
improved, and shall state where the report may be inspected
prior to the hearing by any interested person. The hearing
shall be conducted by the commissioner or his designee, and
shall be transcribed and a record thereof mailed to each
municipality or agency entitled to receive a copy of the
report. All interested persons shall be permitted to present
their views on the proposed highway construction or
improvement. The hearing may be continued as often as
necessary. Within 120 days after the hearing is completed, the
governing body of each municipality or agency entitled to
receive a copy of the report shall submit to the commissioner
its approval or disapproval of the report. If all or any part
of the report is disapproved, the municipality or agency shall
state the reasons for such disapproval and suggested changes in
the report. The commissioner shall, before preparing additional
plans for the proposed highway construction or improvement,
submit to the governing body of each municipality or agency
disapproving the report, a statement accepting or rejecting any
suggested changes and the reasons for his acceptance or
rejection.
Sec. 53. Minnesota Statutes 1982, section 161.174, is
amended to read:
161.174 [SUBMISSION OF LAYOUT PLANS.]
The commissioner shall submit to the governing body of each
municipality wherein a highway is proposed to be constructed or
improved, a proposed layout plan for the highway construction or
improvement containing: the proposed location, elevation, width
and geometrics of the construction or improvement, together with
a statement of the reasons therefor. Said plan shall also
contain: approximate right-of-way limits; a tentative schedule
for right-of-way acquisition, if known; proposed access points;
frontage roads; separation structures and interchanges; location
of utilities, when known; landscaping, illumination, a tentative
construction schedule, if known; and the estimated cost of the
construction or improvement. The commissioner shall submit more
than one layout plan. Each such plan shall also be submitted to
the metropolitan council and the metropolitan transit commission
regional transit board if any portion of the proposed highway
construction or improvement is located in the metropolitan
area. In all areas of the state a copy of the layout plan shall
be sent to established regional, county and municipal planning
commissions in the area affected by the highway project. Not
less than 90 nor more than 120 days after said plan has been
submitted, the commissioner shall hold a public hearing on the
proposed highway construction or improvement at such time and
place within any municipality wherein a portion of the
construction or improvement is located, as the commissioner
shall determine. The hearing shall be noticed, held and
conducted in the manner provided in section 161.173, except that
the commissioner shall mail notice of the hearing only to those
municipalities and agencies entitled to receive a copy of the
layout plan. The hearing shall be transcribed and a record
thereof made available to each municipality or agency entitled
to receive a copy of said plan. Within 180 days after the
hearing is completed, the commissioner shall formally adopt a
layout plan. A copy of the layout plan as adopted shall be
submitted to each municipality or agency entitled to receive a
copy of the proposed plan, together with the reasons for any
change in the plan as presented at the hearing. Within 120 days
after the receipt of the adopted layout plan, each such
municipality or agency shall submit to the commissioner its
approval or disapproval of the layout plan and the reasons for
such disapproval, and proposed alternatives, which may include a
recommendation of no highway. Such alternatives submitted by a
municipality located within the metropolitan area shall, upon
request of the municipality, be reviewed by the metropolitan
council in order to determine whether such alternatives are
likely to meet minimum federal requirements. The metropolitan
council is authorized to provide whatever assistance it deems
advisable to the submitting municipality in order to assist it
in arriving at an alternative which meets minimum federal
requirements. If said plan or any part thereof is not
disapproved within such period, the commissioner may proceed to
prepare final construction plans and specifications for the
highway construction or improvement consistent with the adopted
layout plan, and may acquire the necessary right-of-way. If the
layout plan or any part thereof is disapproved by any
municipality or agency, and the commissioner determines to
proceed with the plan without modifications, he shall proceed in
the manner provided in section 161.175. If the commissioner
determines to proceed with the plan with modifications, he shall
submit the modified layout plan to the municipalities and
agencies entitled to receive the original layout plan in the
manner described above, for approval or disapproval by each such
municipality or agency within 60 days after receipt of the
modified layout plan. If the modified layout plan or any part
thereof is not disapproved by any municipality or agency within
60 days after its receipt, the commissioner may proceed to
prepare final construction plans and specifications consistent
with the modified layout plan, and may acquire the necessary
right-of-way. If the modified plan is disapproved by any
municipality and the commissioner determines to proceed with the
plan without additional modification, he shall proceed in the
manner provided in section 161.175. If the layout plan is
disapproved, either as originally submitted or as modified and
the commissioner does not act pursuant to section 161.175,
within one year from the date of the completion of the hearing,
any objecting municipality entitled to receive a copy of the
layout plan by virtue of this section may invoke the appellate
procedure pursuant to section 161.175, in the same manner as the
same might be invoked by the commissioner. In the event the
appellate procedure is invoked by either the commissioner or the
municipality, the commissioner shall hold a public hearing prior
to the appointment of an appeal board. Such hearing shall be
limited to the proposed alternative layout plans.
Sec. 54. Minnesota Statutes 1982, section 161.242,
subdivision 3, is amended to read:
Subd. 3. [UNAUTHORIZED JUNK YARDS PROHIBITED.] (1) No (a)
A junk yard may not exist or be operated outside a zoned or
unzoned industrial area, including those located on public lands
and reservations of the United States, unless it be is screened
so as to effectively conceal it from the view of motorists using
the highway. The screening required by this section may be
effected by trees, shrubs, or foliage, natural objects, fences
or other appropriate means as determined by standards
established by the commissioner. Plantings which that will
eventually achieve effective screening shall be acceptable.
Plantings shall be used in connection with any fence or other
non-natural screening device.
(2) Any such (b) A portion of a junk yard or portion
thereof which that cannot be effectively be screened shall
must be removed or relocated pursuant to under the provisions of
this section on or before July 1, 1979. Any such A junk yard
lawfully existing on along a highway which that is made a part
of the trunk highway system after January 1, 1975, and becomes
nonconforming thereby shall be effectively screened or removed
or relocated within four years thereafter. Any junk yard which
that comes into existence after July 1, 1971 which that does not
conform to this section, or which that becomes nonconforming
after July 1, 1971, or which that becomes nonconforming after
action by the commissioner pursuant to this section, is hereby
declared to be a public nuisance and illegal, and the
commissioner may enter upon the land where the junk yard is
located and may screen the same, or may relocate or dispose of
the junk yard after 90 days notice to the owner or dealer
thereof, if known, or to the owner of the land. In this event,
no compensation shall be paid to the owner or dealer or owner of
the land, and the commissioner may collect recover the cost of
screening, removal, relocation or disposal from the owner or
dealer, if known, or from the owner of the land upon which the
junk yard is located. Any costs recovered by the commissioner
shall be deposited in the general fund.
(3) (c) None of the articles commonly found in junk yards
shall be allowed to remain on the grounds for more than 24 hours
unless within the buildings or the properly screened area as
provided herein, nor shall any junk in any junk yard be allowed
to extend above existing or planned screening so as to be
visible from the highway.
Sec. 55. Minnesota Statutes 1982, section 161.242,
subdivision 4, is amended to read:
Subd. 4. [AUTHORITY; ENFORCEMENT.] The commissioner shall
screen junk yards when required by this section at locations on
the right-of-way of the highway or on lands within 1,000 feet of
the right-of-way and shall pay for the costs thereof. If
screening is not feasible because of economic or topographic
reasons, the commissioner shall secure the removal, relocation
or disposal of such junk yard by sale, agreement, or other
means, and pay for the costs thereof. Notwithstanding the other
provisions of this section, if a junk yard exists within
one-half mile of the right-of-way of any trunk highway and is
visible from the highway, the commissioner may acquire easements
for screening purposes up to one-half mile from the edge of the
right-of-way of the highway. The commissioner shall acquire
such rights and interest in property, personal or real,
necessary to carry out the purposes of this section by purchase,
gift, or eminent domain proceedings and shall pay just
compensation therefor. The commissioner shall not expend any
money to acquire rights or interests in junk yards under this
section, except those for which acquisition proceedings were
begun before June 8, 1979 or for which federal money has been
appropriated by Congress for junk yards described in Title 23,
United States Code, Section 136(j) and the federal share has
been made available to the commissioner. All costs described
herein shall be necessary for a highway purpose.
Sec. 56. Minnesota Statutes 1982, section 161.31,
subdivision 1, is amended to read:
Subdivision 1. [MAPS.] The commissioner shall periodically
publish a map showing the location and status of improvements of
the trunk highway system. Trunk highway maps may contain
advertising as a means of offsetting the costs of preparing and
distributing the maps. All advertising revenues received by the
commissioner under this subdivision shall be deposited in the
trunk highway fund.
Sec. 57. Minnesota Statutes 1983 Supplement, section
161.43, is amended to read:
161.43 [RELINQUISHMENT OF HIGHWAY EASEMENTS.]
The commissioner of transportation may relinquish and
quitclaim to the fee owner an easement or portion of an easement
owned but no longer needed by the transportation department for
trunk highway purposes, upon payment to the transportation
department of an amount of money equal to the appraised current
market value of the easement. If the fee owner refuses to pay
the required amount, or if after diligent search the fee owner
cannot be found, the commissioner may convey the easement to an
agency or to a political subdivision of the state upon terms and
conditions agreed upon, or the commissioner may acquire the fee
title to the land underlying the easement in the manner provided
in section 161.20, subdivision 2. After acquisition of the fee
title, the lands may be sold to the highest responsible bidder
upon three weeks published notice of the sale in a newspaper or
other periodical of general circulation in the county where the
land is located. All bids may be rejected and new bids received
upon like publication. If the lands remain unsold after being
offered for sale to the highest bidder, the commissioner may
retain the services of a licensed real estate broker to find a
buyer. The sale price may be negotiated by the broker, but must
not be less than 90 percent of the appraised market value as
determined by the commissioner. The broker's fee must be
established by prior agreement between the commissioner and the
broker, and must not exceed ten percent of the sale price for
sales of $10,000 or more. The broker's fee must be paid to the
broker from the proceeds of the sale.
Sec. 58. Minnesota Statutes 1983 Supplement, section
161.44, subdivision 6a, is amended to read:
Subd. 6a. [SERVICES OF A LICENSED REAL ESTATE BROKER.] If
the lands remain unsold after being offered for sale to the
highest bidder, the commissioner may retain the services of a
licensed real estate broker to find a buyer. The sale price may
be negotiated by the broker, but must not be less than 90
percent of the appraised market value as determined by the
commissioner. The broker's fee must be established by prior
agreement between the commissioner and the broker, and must not
exceed ten percent of the sale price for sales of $10,000 or
more. The broker's fee must be paid to the broker from the
proceeds of the sale.
Sec. 59. Minnesota Statutes 1982, section 168.27,
subdivision 2, is amended to read:
Subd. 2. [NEW MOTOR VEHICLE DEALER.] No person shall
engage in the business of selling or arranging the sale of new
motor vehicles or shall offer to sell, solicit, arrange or
advertise the sale of new motor vehicles without first acquiring
a new motor vehicle dealer license. A new motor vehicle dealer
licensee shall be entitled thereunder to sell, broker, wholesale
or auction and to solicit and advertise the sale, broker,
wholesale or auction of new motor vehicles covered by his
franchise and any used motor vehicles or to lease and to solicit
and advertise the lease of new motor vehicles and any used motor
vehicles and such sales or leases may be either for consumer use
at retail or for resale to a dealer. Nothing herein shall be
construed to require an applicant for a dealer license who
proposes to deal in new and unused motor vehicle bodies to have
a bona fide contract or franchise in effect with the
manufacturer or distributor of any motor vehicle chassis upon
which the new and unused motor vehicle body is mounted.
Sec. 60. Minnesota Statutes 1982, section 168.27,
subdivision 3, is amended to read:
Subd. 3. [USED MOTOR VEHICLE DEALER.] No person shall
engage in the business of selling or arranging the sale of used
motor vehicles or shall offer to sell, solicit, arrange or
advertise the sale of used motor vehicles without first
acquiring a used motor vehicle dealer license. A used motor
vehicle dealer licensee shall be entitled thereunder to sell,
lease, broker, wholesale or auction and to solicit and advertise
the sale, lease, broker, wholesale or auction of any used motor
vehicles for consumer use at retail or for resale to a dealer.
Sec. 61. Minnesota Statutes 1982, section 168.33,
subdivision 2, is amended to read:
Subd. 2. [POWERS.] The registrar shall have the power to
appoint, hire and discharge and fix the compensation of the
necessary employees, in the manner provided by law, as may be
required to enable him to properly carry out the duties imposed
upon him by the provisions of this chapter. As of April 14,
1976, the registrar may appoint, and for cause discontinue, a
deputy registrar for any city as the public interest and
convenience may require, without regard to whether the county
auditor of the county in which the city is situated has been
appointed as the deputy registrar for the county or has been
discontinued as the deputy registrar for the county, and without
regard to whether the county in which the city is situated has
established a county license bureau which issues motor vehicle
licenses as provided in section 373.32.
Effective August 1, 1976, the registrar may appoint, and
for cause discontinue, a deputy registrar for any city as the
public interest and convenience may require, if the auditor for
the county in which the city is situated chooses not to accept
appointment as the deputy registrar for the county or is
discontinued as a deputy registrar, or if the county in which
the city is situated has not established a county license bureau
which issues motor vehicle license as provided in section
373.32. Any person appointed by the registrar as a deputy
registrar for any city shall be a resident of the county in
which the city is situated.
The registrar may appoint, and for cause discontinue, the
county auditor of each county as a deputy registrar. The
auditor, with the approval of the director of motor vehicles,
may appoint, and for cause discontinue, the clerk or equivalent
officer of each city or any other person as a deputy registrar
as public interest and convenience may require, regardless of
his county of residence. Notwithstanding any other provision, a
person other than a county auditor or a director of a county
license bureau, who was appointed by the registrar before August
1, 1976, as a deputy registrar for any city, may continue to
serve as deputy registrar and may be discontinued for cause only
by the registrar. The county auditor shall be responsible for
the acts of deputy registrars appointed by him. Each such
deputy, before entering upon the discharge of his duties, shall
take and subscribe an oath to faithfully discharge his duties
and to uphold the laws of the state. If a deputy registrar
appointed hereunder is not an officer or employee of a county or
city, such deputy shall in addition give bond to the state in
the sum of $10,000, or such larger sum as may be required by the
registrar, conditioned upon the faithful discharge of his duties
as deputy registrar. A corporation governed by chapter 302A may
be appointed a deputy registrar. Upon application by an
individual serving as a deputy registrar and the giving of the
requisite bond as provided in subdivision 2 of this section,
personally assured by the individual or another individual
approved by the commissioner of public safety, a corporation
named in an application shall become the duly appointed and
qualified successor to the deputy registrar. Each deputy
registrar appointed hereunder shall keep and maintain, in a
convenient public place within the place for which he is
appointed, a registration and motor vehicle tax collection
bureau, to be approved by the registrar, for the registration of
motor vehicles and the collection of motor vehicle taxes
thereon. He shall keep such records and make such reports to
the registrar as that officer, from time to time, may require.
Such records shall be maintained at the facility of the deputy
registrar. The records and facilities of the deputy registrar
shall at all times be open to the inspection of the registrar or
his agents. He shall report daily to the registrar all
registrations made and taxes and fees collected by him. The
filing fee imposed pursuant to subdivision 7 shall be deposited
in the treasury of the place for which he is appointed, or if
such deputy is not a public official, he shall retain the filing
fee, but the registration tax and any additional fees for
delayed registration he has collected he shall deposit each day
in an approved state depository to the credit of the state
through the state treasurer. The place for which the deputy
registrar is appointed through its governing body shall provide
the deputy registrar with facilities and personnel to carry out
the duties imposed by this subdivision if such deputy is a
public official. In all other cases, the deputy shall maintain
a suitable facility for serving the public.
Sec. 62. Minnesota Statutes 1983 Supplement, section
169.81, subdivision 2, is amended to read:
Subd. 2. [LENGTH OF VEHICLES.] (a) No single unit motor
vehicle, except truck cranes which may not exceed 45 feet,
unladen or with load may exceed a length of 40 feet extreme
overall dimensions inclusive of front and rear bumpers, except
that the governing body of a city is authorized by permit to
provide for the maximum length of a motor vehicle, or
combination of motor vehicles, or the number of vehicles that
may be fastened together, and which may be operated upon the
streets or highways of a city; provided, that the permit may not
prescribe a length less than that permitted by state law. A
motor vehicle operated in compliance with the permit on the
streets or highways of the city is not in violation of this
chapter.
(b) No single semitrailer may have an overall length,
exclusive of non-cargo-carrying accessory equipment, including
refrigeration units or air compressors, necessary for safe and
efficient operation mounted or located on the end of the
semitrailer adjacent to the truck or truck-tractor, in excess of
48 feet, except as provided in paragraph (d). No single trailer
may have an overall length inclusive of tow bar assembly and
exclusive of rear protective bumpers which do not increase the
overall length by more than six inches, in excess of 45 feet.
For determining compliance with the provisions of this
subdivision, the length of the semitrailer or trailer must be
determined separately from the overall length of the combination
of vehicles.
(c) No semitrailer or trailer used in a three-vehicle
combination may have an overall length, exclusive of
non-cargo-carrying accessory equipment, including refrigeration
units or air compressors, necessary for safe and efficient
operation mounted or located on the end of the semitrailer or
trailer adjacent to the truck or truck-tractor, and further
exclusive of the tow bar assembly, in excess of 28-1/2 feet.
The commissioner may not grant a permit authorizing the
movement, in a three-vehicle combination, of a semitrailer or
trailer that exceeds 28-1/2 feet, except that the commissioner
may renew a permit that was granted before April 16, 1984 for
the movement of a semitrailer or trailer that exceeds the length
limitation in this paragraph.
(d) The commissioner may issue an annual permit for a
semitrailer in excess of 48 feet in length, if the distance from
the kingpin to the centerline of the rear axle group of the
semitrailer does not exceed 41 feet and if a combination of
vehicles, which includes a semitrailer in excess of 48 feet for
which a permit has been issued under this paragraph, does not
exceed an overall length of 65 feet. The annual fee for a
permit issued under this paragraph is $36.
Sec. 63. Minnesota Statutes 1982, section 174.22, is
amended by adding a subdivision to read:
Subd. 2a. "Metropolitan area" has the meaning given it in
section 473.121.
Sec. 64. Minnesota Statutes 1982, section 174.22,
subdivision 5, is amended to read:
Subd. 5. "Operating deficit" means the amount by which the
total prudent operating expenses incurred in the operation of
the public transit system exceeds the amount of operating
revenue derived therefrom and the amount of any social fare
reimbursement pursuant to section 174.24, subdivision 4 from the
system.
Sec. 65. Minnesota Statutes 1982, section 174.22,
subdivision 10, is amended to read:
Subd. 10. "Urbanized area service" means a transportation
service operating in an urban area of more than 50,000 persons
but does not include services operated by the metropolitan
transit commission, as defined in subdivision 4, or elderly and
handicapped service, as defined in subdivision 13.
Sec. 66. Minnesota Statutes 1982, section 174.22,
subdivision 13, is amended to read:
Subd. 13. "Elderly and handicapped service" means
transportation service provided on a regular basis in urbanized
or large urbanized areas, except for metro mobility service
established under section 174.31, and designed exclusively or
primarily to serve individuals who are elderly or handicapped
and unable to use regular means of public transportation.
Sec. 67. Minnesota Statutes 1982, section 174.23,
subdivision 2, is amended to read:
Subd. 2. [FINANCIAL ASSISTANCE.] The commissioner shall
seek out and select eligible recipients of financial assistance
under sections 174.21 to 174.27. The commissioner shall
establish by rule the procedures and standards for review and
approval of applications for financial assistance submitted to
the commissioner pursuant to sections 174.21 to 174.27. Any
applicant shall provide to the commissioner any financial or
other information required by the commissioner to carry out his
duties. The commissioner may require local contributions from
applicants as a condition for receiving financial assistance.
Before the commissioner approves any grant, the application for
the grant shall be reviewed and approved by the appropriate
regional development commission or the metropolitan council only
for consistency with regional transportation plans and
development guides. If an applicant proposes a project within
the jurisdiction of a transit authority or commission or a
transit system assisted or operated by a city or county, the
application shall also be reviewed by that commission, authority
or political subdivision for consistency with its transit
programs, policies and plans. Any regional development
commission that has not adopted a transportation plan may review
but may not approve or disapprove of any application.
Sec. 68. Minnesota Statutes 1982, section 174.23,
subdivision 4, is amended to read:
Subd. 4. [RESEARCH; EVALUATION.] The commissioner shall
conduct research and shall study, analyze, and evaluate
concepts, techniques, programs, and projects to accomplish the
purposes of sections 174.21 to 174.27, including traffic
operations improvements, preferential treatment and other
encouragement of transit and paratransit services and
high-occupancy vehicles, improvements in the management and
operation of regular route transit services, special provision
for pedestrians and bicycles, management and control of parking,
changes in work schedules, and reduction of vehicle use in
congested and residential areas. The commissioner shall examine
and evaluate such concepts, techniques, programs, and projects
now or previously employed or proposed in this state and
elsewhere. The commissioner or an independent third party under
contract to the commissioner shall monitor and evaluate the
management and operation of public transit systems, services,
and projects receiving financial or professional and technical
assistance under sections 174.21 to 174.27 or other state
programs to determine the manner in which and the extent to
which such systems, services, and projects contribute or may
contribute to the purposes of sections 174.21 to 174.27. The
commissioner shall develop and promote proposals and projects to
accomplish the purposes of sections 174.21 to 174.27 and shall
actively solicit such proposals from municipalities, counties,
legislatively established transit commissions and authorities,
regional development commissions, the metropolitan council, and
potential vendors. In conducting such activities the
commissioner shall make the greatest possible use of already
available research and information. The commissioner shall use
the information developed under sections 174.21 to 174.27 in
developing or revising the state transportation plan.
Sec. 69. Minnesota Statutes 1982, section 174.24,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT; PURPOSE.] A public transit
participation program is established to carry out the objectives
stated in section 174.21 by providing financial assistance from
the state to eligible recipients outside of the metropolitan
area.
Sec. 70. Minnesota Statutes 1982, section 174.24,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY; APPLICATIONS.] Any legislatively
established public transit commission or authority, any county
or statutory or home rule charter city providing financial
assistance to or operating public transit, any private operator
of public transit, or any combination thereof is eligible to
receive financial assistance through the public transit
participation program. Eligible recipients must be located
outside of the metropolitan area.
Sec. 71. Minnesota Statutes 1983 Supplement, section
174.24, subdivision 3, is amended to read:
Subd. 3. [FINANCIAL ASSISTANCE.] Payment of financial
assistance shall be by contract between the commissioner and an
eligible recipient. The commissioner shall determine the total
operating cost of any public transit system receiving or
applying for assistance in accordance with generally accepted
accounting principles. To be eligible for financial assistance,
an applicant or recipient shall provide to the commissioner all
financial records and other information and shall permit any
inspection reasonably necessary to determine total operating
cost and correspondingly the amount of assistance which may be
paid to the applicant or recipient. Where more than one county
or municipality contributes assistance to the operation of a
public transit system, the commissioner shall identify one as
lead agency for the purpose of receiving moneys under this
section.
The commissioner shall adopt rules establishing uniform
performance standards for private operators of regular route
transit systems in the transit taxing district, as defined in
section 473.446, subdivision 2. The rules are subject to the
provisions in the Administrative Procedure Act of sections 14.01
to 14.70. Payments to those private operators shall be based on
the uniform performance standards and operating deficit and
shall not exceed 100 percent of the operating deficit as
determined by the commissioner. Payments shall be based on
approved estimates of expenditures during the contract period
and shall be subject to audit and adjustment after any payment
has been made.
Prior to distributing operating assistance to eligible
recipients for any contract period, the commissioner shall place
all recipients into one of the following classifications: large
urbanized area service, urbanized area service, small urban area
service, rural area service, and elderly and handicapped
service. The commissioner shall distribute funds under this
section so that the percentage of total operating cost paid by
any recipient from local sources will not exceed the percentage
for that recipient's classification, except as provided in an
undue hardship case. The percentages shall be: for large
urbanized area service, 55 percent; for urbanized area service
and small urban area service, 40 percent; for rural area
service, 35 percent; and for elderly and handicapped service, 35
percent. The remainder of the total operating cost will be paid
from state funds less any assistance received by the recipient
from any federal source. For purposes of this subdivision
"local sources" means all local sources of funds and includes
all operating revenue, tax levies, and contributions from public
funds, except that the commissioner may exclude from the total
assistance contract revenues derived from operations the cost of
which is excluded from the computation of total operating cost.
If a recipient informs the commissioner in writing after
the establishment of these percentages but prior to the
distribution of financial assistance for any year that paying
its designated percentage of total operating cost from local
sources will cause undue hardship, the commissioner may reduce
the percentage to be paid from local sources by the recipient
and increase the percentage to be paid from local sources by one
or more other recipients inside or outside the classification,
provided that no recipient shall have its percentage thus
reduced or increased for more than two years successively. If
for any year the funds appropriated to the commissioner to carry
out the purposes of this section are insufficient to allow the
commissioner to pay the state share of total operating cost as
provided in this paragraph, the commissioner shall reduce the
state share in each classification to the extent necessary.
Sec. 72. Minnesota Statutes 1982, section 174.24,
subdivision 5, is amended to read:
Subd. 5. [METHOD OF PAYMENT.] Payments under this section
to recipients other than the metropolitan transit commission and
private operators within the seven-county metropolitan area
whose deficits are funded 100 percent by the state shall be made
in the following manner:
50 percent of the total contract amount in the first month
of operation;
40 percent of the total contract amount in the seventh
month of operation;
9 percent of the total contract amount in the twelfth month
of operation; and
1 percent of the total contract amount after the final
audit.
The method of payment under this section to private
operators within the seven-county metropolitan area whose
deficits are funded 100 percent by the state shall be determined
by the commissioner.
Sec. 73. Minnesota Statutes 1982, section 174.265,
subdivision 3, is amended to read:
Subd. 3. [ELIGIBILITY.] The commissioner may provide
assistance under the program to any statutory or home rule
charter city or town, or group of such cities or towns, which:
(a) is located within the metropolitan transit taxing district,
as defined in section 473.446, subdivision 2; (b) is not served
by the metropolitan transit commission or is served only with
bus routes which end or begin within the city or town, or group
of cities or towns; and (c) has fewer than four scheduled runs
of bus service provided by the commission during off-peak hours;
and (d) is receiving assistance or has submitted an application
or a letter of intent to apply for assistance under the program
by July 1, 1984. Eligible cities or towns may apply on behalf
of any operator of public transit with whom they propose to
contract for service.
Sec. 74. [174.32] [TRANSIT ASSISTANCE PROGRAM.]
Subdivision 1. [ESTABLISHMENT; PURPOSE.] A transit
assistance program is established to provide transit assistance
within the state. The commissioner shall provide financial
assistance from the fund created in subdivision 2 to eligible
recipients for transit service activities as provided in this
section.
Subd. 2. [TRANSIT ASSISTANCE FUND; DISTRIBUTION.] A
transit assistance fund is created for the purpose of receiving
money distributed under section 297B.09. The commissioner shall
distribute 80 percent of the receipts of the fund to recipients
located in the metropolitan area and 20 percent to recipients
located outside of the metropolitan area.
Subd. 3. [ELIGIBLE RECIPIENTS.] A legislatively
established public transit commission; a public authority
organized and existing under chapter 398A; a county or statutory
or home rule charter city operating, intending to operate, or
providing financial assistance to a transit service; a rail
authority; or a private operator of public transit is eligible
for assistance under the program.
Subd. 4. [ELIGIBLE SERVICES.] Transit services eligible
for assistance under the program include but are not limited to:
(1) public transit;
(2) light rail transit;
(3) commuter van, car pool, ride share, and park and ride;
and
(4) other services that further the purposes of section
174.21.
Subd. 5. [ELIGIBLE ACTIVITIES.] Activities eligible for
assistance under the program include but are not limited to:
(1) planning and engineering design for transit services;
(2) capital assistance to purchase or refurbish transit
vehicles, purchase rail lines and associated facilities for
light rail transit, purchase rights-of-way, and other capital
expenditures necessary to provide a transit service; and
(3) other assistance for public transit services.
Sec. 75. [221.022] [METROPOLITAN TRANSIT COMMISSION;
EXCEPTION.]
The powers granted to the board under sections 221.011 to
221.296 do not include the power to regulate any service or
vehicles operated by the metropolitan transit commission.
Sec. 76. Minnesota Statutes 1983 Supplement, section
221.041, is amended by adding a subdivision to read:
Subd. 4. [NONAPPLICABILITY.] This section does not apply
to any regular-route passenger transportation being performed
with operating assistance provided by the regional transit board.
Sec. 77. Minnesota Statutes 1983 Supplement, section
221.071, subdivision 1, is amended to read:
Subdivision 1. [CONSIDERATIONS; TEMPORARY CERTIFICATES;
AMENDING.] If the board finds from the evidence that the
petitioner is fit and able to properly perform the services
proposed and that public convenience and necessity require the
granting of the petition or a part of the petition, it shall
issue a certificate of public convenience and necessity to the
petitioner. In determining whether a certificate should be
issued, the board shall give primary consideration to the
interests of the public that might be affected, to the
transportation service being furnished by a railroad which may
be affected by the granting of the certificate, and to the
effect which the granting of the certificate will have upon
other transportation service essential to the communities which
might be affected by the granting of the certificate. The board
may issue a certificate as applied for or issue it for a part
only of the authority sought and may attach to the authority
granted terms and conditions as in its judgment public
convenience and necessity may require. If the petitioner is
seeking authority to operate regular-route transit service
wholly within the seven-county metropolitan area with operating
assistance provided by the regional transit board, the board
shall consider only whether the petitioner is fit and able to
perform the proposed service. The operating authority granted
to such a petitioner must be the operating authority for which
the petitioner is receiving operating assistance from the
regional transit board. A carrier receiving operating
assistance from the regional transit board may amend his
certificate to provide for additional routes by filing a copy of
the amendment with the board, and approval of the amendment by
the board is not required if the additional service is provided
with operating assistance from the regional transit board.
The board may grant a temporary certificate, ex parte,
valid for a period not exceeding 180 days, upon a showing that
no regular route common carrier or petroleum carrier is then
authorized to serve on the route sought, that no other petition
is on file with the board covering the route, and that a need
for the proposed service exists.
A certificate issued to a regular route common carrier or
petroleum carrier may be amended by the board on ex parte
petition and payment of a $25 fee to the commissioner, to grant
an additional or alternate route if there is no other means of
transportation over the proposed additional route or between its
termini, and the proposed additional route does not exceed ten
miles in length.
Sec. 78. Minnesota Statutes 1982, section 221.295, is
amended to read:
221.295 [NOTICE TO METROPOLITAN TRANSIT COMMISSION REGIONAL
TRANSIT BOARD.]
Notwithstanding any provision of any statute to the
contrary, the metropolitan transit commission shall regional
transit board must be notified by the commissioner of any matter
pertaining to or affecting public transit or an existing or
proposed transit system within the Twin Cities seven-county
metropolitan transit area, which matter is formally or
informally before the commissioner or board for action or which
is under study, including the initiation of any request for
action or study and prior to any hearings on other proceedings,
whether ex parte or otherwise. Further, such Notification shall
must in all cases be given in a manner, at such time, and with
such information and data available to the commissioner or board
so as to enable the metropolitan transit commission regional
transit board to meaningfully evaluate, participate in, and
comment upon the matter. The commissioner or board shall not
approve, deny, or otherwise attempt to resolve or act upon any
such the matter until receipt of the comments and advice of the
metropolitan transit commission regional transit board with
respect thereto, but if none are received they may act within 30
days after demand therefor upon of the metropolitan transit
commission regional transit board, or otherwise by mutual
agreement. If the commissioner or board takes action in any way
contrary to or different from the comments and advice of the
metropolitan transit commission regional transit board, they
shall specifically state the reasons and factual data for such
the action.
Sec. 79. 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 must be paid by the owner if the inspection is
performed at his the owner's 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, except that no
additional fee may be charged for retail petroleum pumps,
petroleum vehicle meters, and petroleum bulk meters that
dispense petroleum products for which the petroleum inspection
fee required by section 296.13 is collected. All moneys Money
collected by the department for its regular inspections, special
services, fees, and penalties shall must be paid into the state
treasury and credited to the state general fund.
Sec. 80. Minnesota Statutes 1983 Supplement, section
240.06, subdivision 7, is amended to read:
Subd. 7. [LICENSE SUSPENSION AND REVOCATION.] The
commission may revoke a class A license for a violation of law,
order, or rule which in the commission's opinion adversely
affects the integrity of horse racing in Minnesota, or for an
intentional false statement made in a license application, or
for a willful failure to pay any money required to be paid by
Laws 1983, chapter 214, and may revoke for failure to perform
material covenants or representations made in a license
application.
The commission may suspend a class A license for up to one
year for a violation of law, order, or rule which in the
commission's opinion adversely affects the integrity of horse
racing in Minnesota, and may suspend a class A license
indefinitely if it determines that the licensee has as an
officer, director, shareholder, or other person with a direct,
indirect, or beneficial interest a person who is in the
commission's opinion inimical to the integrity of horse racing
in Minnesota or who cannot be certified under subdivision 1,
clause (d).
A license revocation or suspension under this subdivision
is a contested case under sections 14.57 to 14.70 of the
Administrative Procedure Act, and is in addition to criminal
penalties imposed for a violation of law or rule.
Sec. 81. Minnesota Statutes 1982, section 296.13, is
amended to read:
296.13 [INSPECTION FEES.]
An inspection fee shall be charged on petroleum products
when received by the distributor, and on petroleum products
received and held for sale or use by any person when such
petroleum products have not theretofore been received by a
licensed distributor. The fee charged shall be uniform and in
an amount determined by the commissioner but not to exceed one
and three-quarters cents per 50 gallons. The commissioner shall
adjust the inspection fee to recover the amount appropriated for
petroleum product quality inspection expenses and the amount
appropriated for the inspection and testing of petroleum product
measuring devices as required by chapter 239. The commissioner
shall review and adjust the inspection fee as required by
section 16A.128 but notwithstanding section 16A.128, the review
of the fee shall occur annually on or before January 1, of each
year.
Credit shall be allowed the distributor by the commissioner
for inspection fees previously paid in error or on any material
exported or sold for export from the state upon filing of a
report in a manner approved by the commissioner.
Sec. 82. Minnesota Statutes 1983 Supplement, section
297B.09, is amended to read:
297B.09 [ALLOCATION OF REVENUE.]
Subdivision 1. [GENERAL FUND SHARE.] Money collected and
received under this chapter must be deposited in the state
treasury and credited as follows:
(a) All of the proceeds collected before July 1, 1985, must
be credited to the general fund.
(b) Three-fourths of the proceeds collected after June 30,
1985, and before July 1, 1987, must be credited to the general
fund.
(c) One-half of the proceeds collected after June 30, 1987,
and before July 1, 1989, must be credited to the general fund.
(d) One-fourth of the proceeds collected after June 30,
1989, and before July 1, 1991, must be credited to the general
fund.
(e) After June 30, 1991, none of the proceeds collected may
be credited to the general fund to the general fund. The
amounts collected and received shall be credited to the highway
user tax distribution fund and the transit assistance fund as
provided in subdivision 2, and transferred from the general fund
on July 15 and January 15 of each fiscal year. The commissioner
of finance must make each transfer based upon the actual
receipts of the preceding six calendar months and include the
interest earned during that six-month period. The commissioner
of finance may establish a quarterly or other schedule providing
for more frequent payments to the transit assistance fund if he
determines it is necessary or desirable to provide for the cash
flow needs of the recipients of moneys from the transit fund.
Subd. 2. [HIGHWAY USER TAX DISTRIBUTION FUND AND TRANSIT
ASSISTANCE FUND SHARE.] The proceeds collected under this
chapter and not credited to the general fund must be deposited
in the highway user tax distribution fund and the transit
assistance fund for apportionment in the following manner:
(a) None of the proceeds collected before July 1, 1985
1984, may be credited to either fund.
(b) 18.75 percent of the proceeds collected after June 30,
1985 1984, and before July 1, 1987, must be credited to the
highway user tax distribution fund for apportionment in the same
manner and for the same purposes as other money in that fund.
The remaining 6.25 percent of the proceeds must be credited to
the transit assistance fund account to be appropriated to the
commissioner of transportation for transit assistance within the
state.
(c) 37.5 percent of the proceeds collected after June 30,
1987, and before July 1, 1989, must be credited to the highway
user tax distribution fund for apportionment in the same manner
and for the same purposes as other money in that fund. The
remaining 12.5 percent of the proceeds must be credited to the
transit assistance fund account to be appropriated to the
commissioner of transportation for transit assistance within the
state.
(d) 56.25 percent of the proceeds collected after June 30,
1989, and before July 1, 1991, must be credited to the highway
user tax distribution fund for apportionment in the same manner
and for the same purposes as other money in that fund. The
remaining 18.75 percent of the proceeds must be credited to the
transit assistance fund account to be appropriated to the
commissioner of transportation for transit assistance within the
state.
(e) 75 percent of the proceeds collected after June 30,
1991, must be credited to the highway user tax distribution fund
for apportionment in the same manner and for the same purposes
as other money in that fund. The remaining 25 percent of the
proceeds must be credited to the transit assistance fund account
to be appropriated to the commissioner of transportation for
transit assistance within the state.
Sec. 83. Minnesota Statutes 1982, section 299D.03,
subdivision 2, is amended to read:
Subd. 2. [SALARIES.] (1) Each employee other than the
chief supervisor, lieutenant colonel, majors, captains,
corporals and sergeants hereinafter designated shall be known as
patrol troopers.
(2) There may be appointed one lieutenant colonel; and such
majors, captains, corporals, sergeants and troopers as the
commissioner deems necessary to carry out the duties and
functions of the state patrol. Persons in above named positions
shall be appointed by law and have such duties as the
commissioner may direct and, except for troopers, shall be
selected from the patrol troopers, corporals, sergeants,
captains, and majors who shall have had at least five years'
experience as either patrol troopers, corporals, sergeants, or
supervisors.
(3) The salary rates for all state patrol troopers,
corporals and sergeants shall be deemed to include $6 per day
reimbursement for shift differential, meal and business expenses
incurred by state patrol troopers, corporals and sergeants in
the performance of their assigned duties in their patrol areas;
business expenses include, but are not limited to: uniform
costs, home garaging of squad cars and maintenance of home
office.
Sec. 84. Minnesota Statutes 1982, section 299F.63, is
amended by adding a subdivision to read:
Subd. 4. [COST OF INSPECTION AND REVIEW.] The state fire
marshal shall establish, by rule under section 16A.128, a fee to
recover the state share of all costs related to field
inspections, investigations of pipeline facilities, plan review,
and other duties as provided by sections 299F.56 to 299F.63.
Fees collected under this subdivision shall be credited to the
general fund.
Sec. 85. Minnesota Statutes 1982, section 340.11,
subdivision 11a, is amended to read:
Subd. 11a. [ON-SALE LICENSES TO CERTAIN SPORTS
COMMISSIONS.] Notwithstanding any law or municipal charter
provision to the contrary, on-sale licenses for the sale of
intoxicating liquor may be issued to establishments located on
lands owned by the commission created in sections 473.551 to
473.595 and which are used primarily for sports and recreational
purposes upon payment of the regular on-sale license fee
therefor to the municipality wherein the licensed premises are
located. Such licenses shall authorize the sale of intoxicating
liquor to club members and guests only. Notwithstanding any
other law, or municipal charter provision or ordinance to the
contrary, retail "on-sale" licenses permitting the sale of
nonintoxicating malt liquors issued to establishments located on
lands owned by the commission created in section 473.553 permit
the licensees to sell nonintoxicating malt liquors, in addition
to other times permitted by law, between the hours of 10:00 a.m.
and 12:00 noon on any Sunday on which a sports or other event is
scheduled to begin at that location at or before 1:00 p.m. on
that day.
Sec. 86. Minnesota Statutes 1982, section 345.47,
subdivision 1, is amended to read:
Subdivision 1. Except as provided in subdivision
subdivisions 3 and 5, all abandoned property other than money
delivered to the state treasurer commissioner under sections
345.31 to 345.60 shall within one year after the delivery be
sold by him to the highest bidder at public sale in whatever
city in the state affords in his judgment the most favorable
market for the property involved. The state treasurer
commissioner may decline the highest bid and reoffer the
property for sale if he considers the price bid insufficient.
He need not offer any property for sale if, in his opinion, the
probable cost of sale exceeds the value of the property.
Sec. 87. Minnesota Statutes 1982, section 345.47, is
amended by adding a subdivision to read:
Subd. 5. The commissioner shall provide the Minnesota
historical society with an inventory of abandoned property,
other than money, six months prior to public sale. The society
may select for its collections any items it finds of historical
value. The society shall make its selection before the
commissioner appraises or sorts the material for public sale.
The society has 90 days from the date of notification by the
commissioner to exercise the authority granted by this
subdivision.
Sec. 88. Minnesota Statutes 1982, section 345.525, is
amended to read:
345.525 [PROPERTY HAVING NO APPARENT COMMERCIAL OR
HISTORICAL VALUE.]
Property delivered to the state treasurer pursuant to
chapter 345 which has no apparent commercial value shall be made
available for inspection by the Minnesota historical society to
determine if the property has any historical value. If the
society judges any property to be of historical value, the state
treasurer shall turn the property over to the society for
safekeeping. The commissioner may, in his discretion, withhold
the property from sales under this section. If it is determined
that property delivered to the state treasurer commissioner has
no commercial or historical value he may thereafter destroy or
otherwise dispose of the property, and in that event no action
or proceeding shall be brought or maintained against the state
or any officer thereof or against the holder for or on account
of any action taken by the state treasurer commissioner pursuant
to chapter 345 with respect to the property. The state
treasurer commissioner shall keep a record of all items
destroyed under this section, and all items held by the
historical society, including the name and address of the owner
of the property and the person who delivered the property to
him, the date of delivery, a description of the property
destroyed and the date of destruction.
Sec. 89. [349.50] [DEFINITIONS.]
Subdivision 1. [TERMS.] For the purposes of sections 89 to
99, the terms defined in this section have the meanings given
them.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of public safety.
Subd. 3. [DEPARTMENT.] "Department" means the department
of public safety.
Subd. 4. [DISTRIBUTOR.] "Distributor" means a person which
manufactures, sells, markets, advertises, or otherwise
distributes video games of chance.
Subd. 5. [LOCATION AGREEMENT.] "Location agreement" is an
agreement between an operator and an owner for the placement of
video games of chance for use by the public.
Subd. 6. [OPERATOR.] "Operator" means a person which holds
legal title to video games of chance and places them for use by
the public pursuant to a location agreement.
Subd. 7. [OWNER.] "Owner" means a person operating a
business in which video games of chance are placed for use by
the public.
Subd. 8. [VIDEO GAME OF CHANCE.] "Video game of chance"
means games or devices that simulate games commonly referred to
as poker, blackjack, craps, hi-lo, roulette or other common
gambling forms, though not offering any type of pecuniary award
or gain to players. The term also includes any video game
having one or more of the following characteristics:
(1) it is primarily a game of chance, and has no
substantial elements of skill involved;
(2) it awards game credits or replays and contains a meter
or device which records unplayed credits or replays and contains
a device that permits them to be cancelled.
Subd. 9. [PRIVATE CLUBS.] "Private clubs" are clubs
holding club on-sale licenses issued under section 340.11,
subdivision 11.
Sec. 90. [349.51] [DISTRIBUTOR AND OPERATOR LICENSES.]
Subdivision 1. [LICENSE REQUIRED.] No person shall engage
in the business of a distributor or operator of video games of
chance at any place of business without first having received a
license from the department to engage in that business at that
location.
Subd. 2. [APPLICATION; REQUIREMENTS.] (a) Every
application for a license must be made on a form prescribed by
the department and must state the name and address of the
applicant. If the applicant is a firm, partnership, or
association, the application must state the name and address of
each of its members. If the applicant is a corporation, the
application must state the name and address of each of its
officers, the date of incorporation, the address of its
principle place of business, the place where the business is to
be licensed and business conducted, and information concerning
whether or not any officer, director, resident manager, or
direct salesman of the applicant has been convicted of a felony
or convicted for a gambling offense within the past five years.
The application may contain other information the department
requires for licensing purposes.
(b) Every applicant for a license shall be a legal resident
or be incorporated within the state of Minnesota prior to the
date of application for a distributor or operator license.
(c) Every applicant shall disclose under oath to the
commissioner whether or not the applicant has any financial,
legal, or other interests in a licensed wholesale liquor or
alcoholic beverage distributorship or video game of chance
distributorship in another state.
(d) No distributor may also be a wholesale distributor of
liquor or alcoholic beverages.
(e) No distributor in this state may also be a distributor
in another state, unless the distributor adequately demonstrates
that he does not manufacture video games of chance outside of
this state for use, sale, or distribution within this state.
Subd. 3. [FEES.] (a) The annual license fee for a
distributor license is $10,000.
(b) The annual license fee for an operator license is
$2,500.
Subd. 4. [DISTRIBUTOR BOND.] An application for a
distributor's license must be accompanied by a corporate surety
bond issued by a surety licensed to do business in this state,
in the sum of $10,000, conditioned upon the true and faithful
compliance by the distributor with all the provisions of the
license. The bond required by this subdivision must be kept in
full force during the period covered by the license.
Subd. 5. [LICENSE ISSUED.] Upon receipt of the
application, the bond in proper form, and payment of the license
required by subdivision 3, the department shall issue a license
in form as prescribed by the department to the applicant, unless
it determines that the applicant is otherwise unqualified. The
license permits the applicant to whom it is issued to engage in
business as a distributor or operator at the place of business
shown in the application. The department must assign a license
number to each person licensed at the time the initial license
is issued. The license number must be inscribed upon all
licenses issued to that distributor or operator.
Sec. 91. [349.52] [VIDEO GAME OF CHANCE LICENSES.]
Subdivision 1. [REQUIREMENTS.] In addition to a license,
an operator must obtain from the commissioner an annual
nontransferable license for each video game of chance. The
license fee is $120 per game. The fee must be prorated
according to the number of months remaining in the calendar year
at the time of the license application.
Subd. 2. [COLLECTION.] At the time a video game of chance
is sold to an operator, the distributor must collect the license
fee specified in subdivision 1. The distributor must affix to
each game a stamp containing the operator's license number. All
license fees must be given to the state treasurer for deposit in
the account created in subdivision 3.
Subd. 3. [VIDEO GAMING LICENSE ACCOUNT.] There is created
in the state treasury an account to be known as the "video
gaming license account." All fees received by the state
treasury pursuant to this section must be credited to this
account. The commissioner shall, by January 10 of each year,
certify to the state treasurer the number of video games of
chance located in each city, and in each county outside of
incorporated areas, on December 31 of the previous year. Within
ten days of receiving this certification the state treasurer
shall pay from the video gaming license account to each city and
county $30 for each video game of chance located in the city or
in the county outside city limits. After making these payments
he shall transfer the unexpended balance in the account to the
general fund.
Subd. 4. [LOCAL FEES PROHIBITED.] A municipality may not
impose a fee or tax of any kind on video games of chance.
Sec. 92. [349.53] [RECORD KEEPING DUTIES OF DISTRIBUTORS.]
A distributor shall keep at each licensed place of business
complete and accurate records for that place of business,
including invoices of video games of chance held, purchased,
manufactured, brought in or caused to be brought in from outside
the state, or shipped or transported to operators in this state,
and of all sales of video games of chance made. The distributor
must also keep adequate records of the names, addresses, and
license numbers of operators to whom video games of chance are
sold. All books, records, and other papers and documents
required by this section to be kept must be preserved for a
period of at least one year after the date of the documents, or
the date of their entries as they appear in the records, unless
the department, in writing, authorizes their destruction or
disposal at an earlier date. At any time during usual business
hours, the commissioner or his designated representatives may
enter any place of business of a distributor without a search
warrant and inspect the premises and the records required to be
kept under this section, to determine whether or not all the
provisions of this chapter are being fully complied with. If
the commissioner or any representative is denied free access or
is hindered or interfered with in making an examination, the
license of the distributor at the premises is subject to
revocation.
Sec. 93. [349.54] [ACCESS TO GAMES.]
The commissioner and his designated representatives must be
given access to all video games of chance, whether the games are
in the possession of distributors, operators, or owners, upon
reasonable notice.
Sec. 94. [349.55] [GAME SPECIFICATIONS.]
No payment may be made directly from any game or in
connection with the operation of any device. Each game must
contain a random character generator, and any internal meter
must be nonresetable. Any game canceling replays or credits
must cancel them no more than one at a time.
Sec. 95. [349.56] [LOCATION AGREEMENTS.]
An operator is required to have a location agreement with
the owner where the game is placed for use by the public. The
location agreement must show that the game is to be placed only
in locations permitted by law. The location agreements,
together with the other records of the operator, must be
accessible to the commissioner and his designated
representatives. The operator is required to certify under oath
to the department annually the name and address of the location
in which each game has been placed and that the games have been
placed only in locations permitted by law. Placing a game in an
illegal location is grounds for suspension or revocation of the
operator's license.
Sec. 96. [349.57] [PLACEMENT LIMITATIONS.]
Subdivision 1. [NUMERICAL.] No more than two video games
of chance may be operated in any location.
Subd. 2. [LOCATIONS.] Video games of chance may be
operated only at licensed on-sale intoxicating liquor
establishments and private clubs.
Sec. 97. [349.58] [PENALTIES.]
A violation of any of the provisions of sections 89 to 96
is punishable as a misdemeanor.
Sec. 98. [349.59] [CONTRABAND.]
Subdivision 1. [PACKAGES DECLARED TO BE CONTRABAND.] The
following are declared to be contraband:
(1) all video games of chance which do not have a licensing
stamp affixed to them and all containers that contain contraband
video games of chance;
(2) all video games of chance to which the commissioner or
his designated representatives have been denied access for the
inspection of contents. In lieu of seizure, the commissioner or
his designated representatives may seal the game to prevent its
use until inspection of contents is permitted;
(3) all video games of chance at a location at which there
is no location agreement in force; and
(4) all video games of chance illegally brought into the
state.
Subd. 2. [SEIZURE.] Contraband may be seized by the
commissioner or his designated representatives or by any sheriff
or other police officer, with or without process, and is subject
to forfeiture as provided in subdivision 3.
Subd. 3. [DISPOSITION OF SEIZED PROPERTY.] The person who
has seized the property must follow the procedure set forth
under section 297A.15, subdivision 4. Whenever the commissioner
is satisfied that any person from whom property is seized under
this section acting in good faith and without intent to evade
the tax imposed by those sections, he shall release the property
seized without further legal proceedings.
Sec. 99. [349.60] [CONSTRUCTION; OTHER ACTIONS.]
Subdivision 1. [CONSTRUCTION.] Video games of chance are
also governed by sections 349.30 to 349.31 and 609.75 to 609.76.
Subd. 2. [OTHER ACTIONS.] Agencies of government may
investigate and prosecute violations of the laws governing video
games of chance as well as other laws relating to gambling.
Sec. 100. Minnesota Statutes 1982, section 352.01,
subdivision 2A, is amended to read:
Subd. 2A. [INCLUDED EMPLOYEES.] The following persons are
included in the meaning of state employee:
(1) Employees of the Minnesota Historical Society.
(2) Employees of the State Horticultural Society.
(3) Employees of the Disabled American Veterans, Department
of Minnesota, Veterans of Foreign Wars, Department of Minnesota,
if employed prior to July 1, 1963.
(4) Employees of the Minnesota Crop Improvement Association.
(5) Employees of the adjutant general who are paid from
federal funds and who are not covered by any federal civilian
employees retirement system.
(6) Employees of the state universities employed under the
university activities program.
(7) Currently contributing employees covered by the system
who are temporarily employed by the legislature during a
legislative session or any currently contributing employee
employed for any special service as defined in clause (8) of
subdivision 2B.
(8) Employees of the armory building commission.
(9) Permanent employees of the legislature and persons
employed or designated by the legislature or by a legislative
committee or commission or other competent authority to make or
conduct a special inquiry, investigation, examination or
installation including permanent employees of the legislative
research committee.
(10) Trainees who are employed on a full time established
training program performing the duties of the classified
position for which they will be eligible to receive immediate
appointment at the completion of the training period.
(11) Employees of the Minnesota Safety Council.
(12) Employees of the transit operating division of the
metropolitan transit commission and any employees on authorized
leave of absence from the transit operating division who are
employed by the labor organization which is the exclusive
bargaining agent representing employees of the transit operating
division.
(13) Employees of the metropolitan council, metropolitan
parks and open space commission, regional transit board,
metropolitan transit commission, metropolitan waste control
commission, metropolitan sports facilities commission or the
metropolitan mosquito control commission unless excluded or
covered by another public pension fund or plan pursuant to
sections 473.141, subdivision 12, or 473.415, subdivision 3.
(14) Judges of the tax court.
Sec. 101. Minnesota Statutes 1982, section 473.121,
subdivision 7, is amended to read:
Subd. 7. "Metropolitan commission" means the metropolitan
waste control commission, the metropolitan transit commission,
and other such commissions as the legislature may hereafter
designate.
Sec. 102. Minnesota Statutes 1982, section 473.121,
subdivision 10, is amended to read:
Subd. 10. "Policy plan" means the a long-range
comprehensive plans plan of each metropolitan commission adopted
pursuant to section 473.146 the metropolitan council.
Sec. 103. Minnesota Statutes 1982, section 473.121, is
amended by adding a subdivision to read:
Subd. 14a. "Regional transit board" or "transit board"
means the regional transit board created by section 473.373.
Sec. 104. Minnesota Statutes 1982, section 473.121,
subdivision 16, is amended to read:
Subd. 16. "Metropolitan transit area" or "transit area" or
"MTA" means the metropolitan transit area established in section
473.403.
Sec. 105. Minnesota Statutes 1982, section 473.121,
subdivision 18, is amended to read:
Subd. 18. "Operator" means any person engaged or seeking
to engage in the business of providing regular route public
transit.
Sec. 106. Minnesota Statutes 1982, section 473.121,
subdivision 19, is amended to read:
Subd. 19. "Public transit" or "transit" means
transportation of passengers for hire within the transit area by
means of a motor vehicle or other means of conveyance by any
person operating as a common carrier on fixed routes and
schedules. "Public transit" shall not include transportation of
children to or from school or of passengers between a common
carrier terminal station and a hotel or motel, transportation by
a common carrier railroad or common carrier railroads or by
taxi, transportation furnished by a person solely for his or its
employees or customers, or paratransit has the meaning given in
section 174.22, subdivision 7.
Sec. 107. Minnesota Statutes 1982, section 473.121, is
amended by adding a subdivision to read:
Subd. 20a. "Regular route transit" has the meaning given
in section 174.22, subdivision 8.
Sec. 108. Minnesota Statutes 1982, section 473.146,
subdivision 3, is amended to read:
Subd. 3. [TRANSPORTATION POLICY PLAN.] The council shall
adopt a transportation policy plan as a part of its
comprehensive development guide as provided in subdivisions 1
and 2, which shall. The regional transit board shall perform
the functions and have the responsibility and authority provided
for a metropolitan commission. The policy plan must include
policies, relating to all transportation forms. The plan shall
and be designed to promote the legislative determinations,
policies and purposes goals set forth in section 473.402 to the
end of providing the transit area an integrated and efficient
transportation system 473.371. In addition to the requirements
of subdivision 1 regarding the contents of the policy plan, the
transit elements of the plan must include the following:
(1) a statement of service objectives, policies, and
standards that should govern the distribution, coordination, and
general location of facilities, services, and service areas to
be planned, deployed, or developed by or under the direction or
auspices of the transit board;
(2) a general statement of timing and priorities in the
planning, deployment, and development of services;
(3) a statement of the policies and standards that should
govern the levels of public expenditure, both capital and
operating, for various services and service areas;
(4) a statement of the policies and standards that should
govern total annual regional funding levels, the sources of
funds, and the distribution of funds among the facilities,
services, and service areas; and
(5) a description of the contents that should be included
in the implementation plans prepared by the transit board.
In addition to the requirements of subdivisions 1 and 2
regarding the use of the expertise of the metropolitan transit
commission affected agency, the state transportation department,
metropolitan transit commission, and affected counties and
municipalities may provide such technical assistance as may be
requested by the council. The council shall amend its policy
plan to conform to the requirements of this subdivision by
January 1, 1986.
Sec. 109. Minnesota Statutes 1982, section 473.146,
subdivision 4, is amended to read:
Subd. 4. [TRANSPORTATION PLANNING.] The metropolitan
council shall be is the designated planning agency for any
long-range comprehensive transportation planning required by
Section 134 of the Federal Highway Act of 1962, Section 4 of
Urban Mass Transportation Act of 1964 and Section 112 of Federal
Aid Highway Act of 1973 and such other federal transportation
laws as may hereinafter be enacted. The council shall assure
administration and coordination of transportation planning with
appropriate state, regional and other agencies, counties, and
municipalities, and together with the metropolitan transit
commission shall establish such an advisory body consisting of
citizen representatives, commission, municipality, county and
appropriate state agency representatives of the regional transit
board, citizens, municipalities, counties, and state agencies in
fulfillment of the planning responsibilities of the council and
the commission transit board.
Sec. 110. Minnesota Statutes 1982, section 473.164, is
amended to read:
473.164 [PAYMENT OF METROPOLITAN COUNCIL COSTS.]
Subdivision 1. The metropolitan parks and open space
commission, the metropolitan regional transit commission board,
the metropolitan waste control commission, and the metropolitan
airports commission shall annually reimburse the council for
costs incurred by the council in the discharge of its
responsibilities relating to the commission or board. The costs
may be charged against any revenue sources of the commission or
board as determined by the commission or board.
Subd. 2. On or before May 1 of each year, the council
shall transmit to each commission or board an estimate of the
costs which the council will incur in the discharge of its
responsibilities related to the commission or board in the next
budget year including, without limitation, costs in connection
with the preparation, review, implementation and defense of
plans, programs and budgets of the commission or board. Each
commission or board shall include the estimates in its budget
for the next budget year and may transmit its comments
concerning the estimated amount to the council during the budget
review process. Prior to December 15 of each year, the amount
budgeted by each commission or board for the next budget year
may be changed following approval by the council. During each
budget year, the commission or board shall transfer budgeted
funds to the council in advance when requested by the council.
Subd. 3. At the conclusion of each budget year, the
council, in cooperation with each commission or board, shall
adopt a final statement of costs incurred by the council for
each commission or board. Where costs incurred in the budget
year have exceeded the amount budgeted, each commission or board
shall transfer to the council the additional moneys needed to
pay the amount of the costs in excess of the amount budgeted,
and shall include a sum in its next budget. Any excess of
budgeted costs over actual costs may be retained by the council
and applied to the payment of budgeted costs in the next year.
Costs incurred during 1976 shall be reimbursed to the council by
each commission on or before December 31, 1976 following receipt
and in accordance with a statement of costs transmitted by the
council. Notwithstanding the provisions of this section, after
July 1, 1981, the metropolitan council shall not charge the
metropolitan regional transit commission board for any costs
incurred by the council for the study of light rail transit
unless the study plan and budget have been approved by the
metropolitan transit commission board.
Sec. 111. Minnesota Statutes 1982, section 473.167,
subdivision 1, is amended to read:
Subdivision 1. [CONTROLLED ACCESS HIGHWAYS: COUNCIL
APPROVAL.] Before acquiring land for or constructing a
controlled access highway in the area, hereinafter a project,
the state transportation department or local government unit
proposing such the acquisition or construction shall submit to
the council a statement describing the proposed project. The
statement shall must be in the form and detail required by the
council. Immediately upon receipt of the statement, the council
shall transmit a copy to the metropolitan regional transit
commission board, which shall review and evaluate the project in
relationship to the development program board's implementation
plan and report its recommendations and comments to the
council. The council shall also review the statement to
ascertain its consistency with its policy plan and the
development guide. No such project may be undertaken unless the
council determines that it is consistent with the policy plan
and development program implementation plan. This approval
shall be is in addition to the requirements of any other
statute, ordinance or regulation.
Sec. 112. Minnesota Statutes 1982, section 473.168,
subdivision 2, is amended to read:
Subd. 2. The metropolitan council in consultation with the
metropolitan regional transit commission board may require that
any freeway constructed in the metropolitan area on which actual
construction has not been commenced by April 12, 1974 shall
include provisions for exclusive lanes for buses and, as the
council may determine, other forms of multi-passenger transit.
The council, in making its determination, must demonstrate that
the exclusive lanes are necessary to implement the
transportation policy plan of the development guide.
Sec. 113. Minnesota Statutes 1982, section 473.181,
subdivision 3, is amended to read:
Subd. 3. [METROPOLITAN TRANSIT COMMISSION.] The council
shall review acquisition of public transit systems and the
issuance of revenue bonds by the metropolitan transit commission
pursuant to sections 473.405, subdivision 1 5, and 473.438,
subdivision 7.
Sec. 114. Minnesota Statutes 1982, section 473.223, is
amended to read:
473.223 [FEDERAL AID.]
For the purposes of this section the term "governmental
subdivision" includes municipalities, counties and other
political subdivisions generally. If federal aid for
transportation programs and projects is otherwise unavailable to
an existing agency or governmental subdivision, the metropolitan
council may cooperate with the government of the United States
and any agency or department thereof and the affected agency or
other governmental subdivision in establishing metropolitan area
eligibility to receive federal aid, and may comply with the
provisions of the laws of the United States and any rules and
regulations made thereunder for the expenditure of federal
moneys upon such projects as are proposed for federal
assistance. If necessary to meet federal requirements, the
council, the regional transit board, and the metropolitan
transit commission may be considered a single eligible unit to
carry out their respective responsibilities. The metropolitan
council may accept federal aid and other aid, either public or
private, for and in behalf of the metropolitan area or any
governmental subdivision of the state, for transportation
programs and projects within the metropolitan area upon such
terms and conditions as are or may be prescribed by the laws of
the United States and any rules or regulations made thereunder,
and is authorized to act as agent of any governmental
subdivision of the state with jurisdiction in the metropolitan
area upon request of such subdivision in accepting the aid in
its behalf for such programs or projects financed either in
whole or in part by federal aid. The governing body of any such
subdivision is authorized to designate the metropolitan council
as its agent for such purposes and to enter into an agreement
with the council prescribing the terms and conditions of the
agency relationship in accordance with state and federal laws,
rules and regulations. The metropolitan council is authorized
to designate an appropriate state agency as its agent for such
purposes and to enter into an agreement with such agency
prescribing the terms and conditions of the agency relationship
in accordance with state and federal laws, rules and regulations.
Nothing contained herein shall limit any separate authority
of agencies or governmental subdivisions of the state to
contract for and receive federal aid.
Sec. 115. [473.371] [POLICY; GOALS.]
Subdivision 1. [POLICY.] The legislature finds that, for
the provision of essential mobility and transportation options
in the metropolitan area, for the encouragement of alternatives
to the single-occupant vehicle and for the development of
transportation service designed to meet public needs efficiently
and effectively, there is a need for the creation of regional
transit programs and agencies with the powers and duties
prescribed by law.
Subd. 2. [GOALS.] The goals of sections 473.371 to 473.449
are as follows:
(a) to provide, to the greatest feasible extent, a basic
level of mobility for all people in the metropolitan area;
(b) to arrange to the greatest feasible extent for the
provision of a comprehensive set of transit and paratransit
services to meet the needs of all people in the metropolitan
area;
(c) to cooperate with private and public transit providers
to assure the most efficient and coordinated use of existing and
planned transit resources; and
(d) to maintain public mobility in the event of emergencies
or energy shortages.
Sec. 116. [473.373] [REGIONAL TRANSIT BOARD.]
Subdivision 1. [ESTABLISHMENT.] To carry out the policy
and achieve the goals of section 473.371 there is established a
regional transit board as a public corporation and a political
subdivision of the state. Except as provided in this section,
the board is organized, structured, and administered as provided
for metropolitan commissions in section 473.141.
Subd. 2. [MEMBERSHIP.] The transit board consists of 14
members appointed by the council plus a chair appointed by the
governor. One member must be appointed by the council from each
of the following districts:
(1) District A, consisting of council district 1;
(2) District B, consisting of council district 2;
(3) District C, consisting of council district 3;
(4) District D, consisting of council district 4;
(5) District E, consisting of council district 5;
(6) District F, consisting of council district 6;
(7) District G, consisting of council district 8;
(8) District H, consisting of council district 10;
(9) District I, consisting of council district 11;
(10) District J, consisting of council district 12;
(11) District K, consisting of council district 15;
(12) District L, consisting of council districts 7 and 9;
(13) District M, consisting of council district 13 and that
part of council district 14 within Carver and Hennepin counties;
(14) District N, consisting of council district 16 and that
part of council district 14 within Dakota and Scott counties.
Subd. 3. [APPOINTMENTS.] The council shall establish a
transit board appointments committee, composed of members of the
council. In addition to the notice required in section 15.0597,
subdivision 4, the council shall notify in writing the governing
body of the statutory and home rule charter cities, towns, and
counties having territory in the district for which the member
is to be appointed. The notification must describe the
appointment process and invite participation and recommendations
on the appointment. The appointments committee shall hold a
public hearing in each district for which a member is to be
appointed. Following the hearing, the appointments committee
shall submit to the council a written report that lists the
persons who have applied or been nominated or recommended for
the position, along with a description of the background and
qualifications of each. Appointments by the council are not
subject to the advice and consent of the senate. The council
shall by resolution, after a public hearing on the subject,
provide the governor with a list of nominees for the position of
chair.
Subd. 4. [TERMS.] The initial terms of members and the
chair commence on the first day after July 1, 1984, that the
chair and at least seven other members have been appointed and
qualified. The terms of members and the chair are as follows:
members representing commission districts, B, E, F, J, K, L, and
N, and the chair of the board, for terms ending the first Monday
in January of the year ending in the numeral "7"; members
representing commission districts A, C, D, G, H, I, and M, for
terms ending the first Monday in January of the year ending in
the numeral "9."
Subd. 5. [CHAIR.] The duties of the chair are:
(a) to preside over all board meetings at which he is in
attendance;
(b) to serve as the principal transit spokesman within the
metropolitan area before the legislature, other state and
regional agencies, local units of government, and the general
public;
(c) to present to the governor and the legislature, after
approval by the council, the board's financial plan for public
transit in the metropolitan area;
(d) to convene and preside at an annual regional transit
conference of transit providers, operators, and users; and
(e) to perform other duties assigned by law or by the board.
Subd. 6. [EXECUTIVE DIRECTOR.] The chief administering
officer of the board shall hold the position of executive
director. The executive director shall be appointed as provided
in section 473.141 and have the duties and authority prescribed
for a chief administrator in section 473.141, except as provided
in subdivision 7.
Subd. 7. [EMPLOYEES.] The board has the authority of a
chief administrator to make all decisions on the appointment,
promotion, demotion, suspension, and removal of all subordinate
officers and regular employees of the board. The board may not
take any action inconsistent with its personnel code. The board
may authorize the chair or executive director to recommend
employment decisions. The board shall act within 30 days on
employment decisions recommended by the chair or executive
director.
Subd. 8. [PENSION RIGHTS.] A person who is an employee of
the metropolitan transit commission on the effective date of
this section and who subsequently becomes an employee of the
transit board has the option of continued coverage under
Minnesota Statutes, chapter 353.
Sec. 117. [473.375] [POWERS OF BOARD.]
Subdivision 1. [GENERAL.] The transit board has the power
and duties imposed by law. The exercise of any powers by the
board must be consistent with the exercise by the metropolitan
council of any of its powers.
Subd. 2. [ACTIONS.] The board may sue and be sued.
Subd. 3. [CONTRACTS.] The board may enter into contracts
necessary to carry out its responsibilities.
Subd. 4. [PROPERTY.] The board may acquire by purchase,
lease, gift, or grant property and interests in property
necessary for the accomplishment of its purposes and may sell or
otherwise dispose of property which it no longer requires. The
board may not rent or lease any premises from a recipient of
financial assistance from the board.
Subd. 5. [INSURANCE.] The board may require any employee
to obtain and file with it an individual bond or fidelity
insurance policy. It may procure insurance in the amounts it
deems necessary against the liability of the board or its
officers and employees for personal injury or death and property
damage or destruction, with the force and effect stated in
chapter 466, and against risks of damage to or destruction of
any of its facilities, equipment, or other property.
Subd. 6. [INVESTIGATIONS.] When necessary and proper to
the performance of its duties, the board may enter in a
reasonable manner upon any premises for the purpose of making
any reasonably necessary or proper investigations and
examinations. The entry is not a trespass. The board is liable
for any actual and consequential loss, injury, or damage from
the entry. When necessary and proper to the performance of its
duties, the board or its authorized agents may require the
production of accounts, books, records, memoranda,
correspondence, and other documents and papers of a person
receiving financial assistance from the board, may inspect and
copy them, and may have access to and may inspect the lands,
buildings, facilities, or equipment of the person.
Subd. 7. [TAXES.] The board may levy taxes as provided in
section 473.446.
Subd. 8. [GIFTS; GRANTS.] The board may apply for, accept
and disburse gifts, grants, or loans from the United States, the
state, or from any person on behalf of itself or any of its
contract recipients, for any of its purposes. It may enter into
an agreement required for the gifts, grants, or loans and may
hold, use, and dispose of money or property received therefrom
according to the terms of the gift, grant, or loan. When the
board has adopted an approved implementation plan and has
certified to the governor that it is ready to receive federal
funds, the governor shall take whatever steps are necessary to
designate the board as a recipient of federal transit assistance
for the metropolitan area.
No political subdivision within the metropolitan area may
apply for federal transit assistance unless its application has
been submitted to and approved by the board.
Subd. 9. [ADVISORY COMMITTEES.] The board may establish
one or more advisory committees composed of and representing
transit providers, transit users, and local units of government
to advise it in carrying out its purposes. The members of
advisory committees serve without compensation.
Subd. 10. [RESEARCH.] The board may conduct research
studies and programs or may contract with other persons for
research studies and programs. It may advise and assist the
metropolitan council and other government units on
transportation issues within its jurisdiction.
Subd. 11. [RIDESHARING.] Upon certification by the board,
after June 30, 1985, that it has adopted an approved interim
implementation plan and is ready to assume responsibilities for
the program, the board shall assume the responsibilities
identified by the board that are imposed on the commissioner of
transportation, the metropolitan council, or the transit
commission pursuant to section 174.257 and other applicable
provisions of law for the establishment and implementation of a
ridesharing program in the metropolitan area, except for the
statewide vanpool leasing program conducted by the
commissioner. The commissioner, the council, and the commission
shall cooperate with the board in the transfer of these duties
and in the conduct of ridesharing activities in areas where the
commissioner's programs and the board's program overlap. The
board shall establish a rideshare advisory committee to advise
it in carrying out the program. The board may contract for
services in operating the program.
Subd. 12. [ASSISTANCE.] The board shall offer, use, and
apply its services to assist and advise transit providers in the
metropolitan transit area in the planning, promotion,
development, operation, and evaluation of programs and projects
which are undertaken or proposed to be undertaken by contract
with the board, and shall seek out and select recipients of this
assistance and advice.
Subd. 13. [FINANCIAL ASSISTANCE.] The board may provide
financial assistance to the commission and other providers as
provided in sections 473.371 to 473.449 in furtherance of and in
conformance with the implementation plan of the board.
Subd. 14. [COORDINATION.] The board shall coordinate
transit operations within the metropolitan area and shall
establish a transit information program to provide transit users
with accurate information on transit schedules and service.
Subd. 15. [PERFORMANCE STANDARDS.] The board may establish
performance standards for recipients of financial assistance.
Subd. 16. [REPORT.] The board shall annually submit a
report to the metropolitan council, the governor, and the
legislature detailing its activities and finances for the
previous year.
Sec. 118. [473.377] [IMPLEMENTATION PLAN.]
Subdivision 1. [REQUIREMENT.] The transit board shall
adopt a transit service implementation plan describing the
planning, functions, and activities to be performed by or under
the direction or auspices of the board in implementing the
policy plan adopted by the council pursuant to section 473.146.
The plan must cover at least the five-year period commencing
with the first calendar year beginning after the plan's
approval, or a longer period prescribed by the council.
Except as otherwise provided in this section, the
implementation plan must be prepared, submitted for review by
the council, adopted, and implemented in the same manner, with
the same requirements and restrictions, and to the same effect
as provided for development programs in section 473.161. The
board shall prepare an implementation plan meeting the
requirements of this section and submit the plan to the council
by August 1, 1986, and thereafter in even-numbered years at a
time prescribed by the council.
Subd. 2. [CONTENTS.] The implementation plan of the board
must contain at least the following elements:
(a) a development program meeting the requirements of
section 473.161, subdivision 1;
(b) a description of the needs for services, based upon
detailed surveys and analysis of service areas and markets
identified in the council's policy plan;
(c) a detailed statement of service objectives, including
service areas and markets, changes in existing service,
deployment of new service, the distribution and coordination of
services, and other similar matters;
(d) a detailed description of services and facilities
planned to meet the needs and service objectives, along with a
statement of priorities, timing, proposed delivery methods and
providers, and performance standards;
(e) a schedule of expected levels of public expenditure,
both capital and operating, for the services and facilities
planned;
(f) a schedule showing the expected sources of funds,
including proceeds of bonds of the board and the transit
commission, areas and levels of taxes, user charges, and state
and federal subsidies; and
(g) a plan and schedule showing the distribution of funds
among various services, service areas and markets, and providers.
Subd. 3. [INTERIM IMPLEMENTATION PLAN.] The board shall
prepare an interim implementation plan, for calendar years 1985,
1986, and 1987. The board shall submit the interim plan to the
council by December 1, 1984. The interim plan should be in the
scope and detail that the board deems appropriate and
practicable, except that the plan must contain a capital
development program meeting the requirements of subdivision 2,
clause (a), and schedules and plans meeting the requirements of
subdivision 2, clauses (e), (f), and (g).
Sec. 119. [473.38] [BUDGET; REGIONAL TRANSIT BOARD.]
Subdivision 1. [REQUIREMENT.] The regional transit board
shall prepare, submit for review, adopt, and implement budgets
and conduct its financial affairs in the same manner, with the
same requirements and restrictions, and to the same effect as
provided in section 473.163, subdivisions 1 to 4, except as
otherwise provided in this section.
Subd. 2. [FINANCIAL PLAN; COUNCIL APPROVAL.] Along with
its annual budget, each year the board shall prepare a financial
plan for the succeeding three calendar years. The financial
plan must be consistent with the board's implementation plan and
must contain the elements specified in section 473.377,
subdivision 2, clauses (a), (e), (f), and (g). The financial
plan prepared in even-numbered years must contain a proposed
request for state financial assistance for the succeeding
biennium. The board shall submit the financial plan to the
council for review and approval or disapproval. The council may
approve or disapprove in whole or in part. The council may
disapprove only for inconsistency with the policy plan of the
council.
Subd. 3. [EXCEPTION.] The capital budget and financial
plan of the board prepared in 1984 need not be submitted to the
council until December 1, 1984, and the council has 30 days for
review.
Sec. 120. [473.382] [LOCAL PLANNING AND DEVELOPMENT
PROGRAM.]
In preparing and amending its implementation plan pursuant
to section 473.377, the transit board shall establish a program
to ensure participation by representatives of local government
units and the coordination of the planning and development of
transit by local government units. The board shall encourage
the establishment of local transit planning and development
boards by local governments for the purpose of:
(a) assisting and advising the transit board in preparing
the implementation plan, including the identification of service
needs and objectives;
(b) preparing, or advising and assisting local units of
government in preparing the transit study and service plan
required by section 473.384;
(c) preparing or advising the transit board in the review
of applications for assistance under section 473.384.
The board may provide local boards with whatever assistance
it deems necessary and appropriate.
Sec. 121. [473.384] [CONTRACTS.]
Subdivision 1. [CONTRACTS REQUIRED.] The transit board
shall make contracts with eligible recipients for financial
assistance to transit service within the metropolitan area. The
board may not give financial assistance to a transit provider
other than the commission without first having executed a
contract. The provisions of this section do not apply to
contracts made under sections 473.386 and 473.388.
Subd. 2. [ELIGIBILITY.] To be eligible to receive
financial assistance by contract under this section a recipient
must be:
(a) a county, statutory or home rule charter city or town
or combination thereof, or public authority organized and
existing pursuant to chapter 398A, providing financial
assistance to or providing or operating public transit; or
(b) a private provider of public transit.
Subd. 3. [APPLICATIONS.] The board shall establish
procedures and standards for review and approval of applications
for financial assistance under this section consistent with its
approved implementation plan. An applicant must provide the
board with the financial and other information the board
requires to carry out its duties. The board may specify
procedures, including public hearing requirements, to be
followed by applicants that are cities, towns, or counties or
combinations thereof in conducting transit studies and
formulating service plans under subdivisions 4 and 5.
Subd. 4. [TRANSIT STUDY.] The board shall require that
prior to applying for financial assistance by contract under
clause (a) of subdivision 2, the applicant must prepare and
submit a transit study which includes the following elements:
(a) a determination of existing and future transit needs
within the area to be served, and an assessment of the adequacy
of existing service to meet the needs;
(b) an assessment of the level and type of service required
to meet unmet needs;
(c) an assessment of existing and future resources
available for the financing of transit service; and
(d) the type or types of any new government arrangements or
agreements needed to provide adequate service.
The transit study for any applicant may be done by the
board.
Subd. 5. [SERVICE PLAN.] The board shall, before making a
contract with an eligible recipient, require the submission of a
service plan which includes the following elements:
(a) a description of the service proposed for financial
assistance, including vehicles, routes, and schedules;
(b) an assessment of the extent to which the proposed
service meets the needs as determined by the transit study;
(c) a description of the contract administration and review
process if the operation of the proposed service is to be done
by a private contractor;
(d) a description of the amount required to establish and
operate the proposed service and the proposed sources of the
required amount including operating revenue, other local
sources, and assistance from the board and from federal sources;
(e) the fare structure of the proposed service; and
(f) projections of usage of the system.
The board may specify procedures, including public hearing
requirements, to be followed by applicants that are cities,
towns, or counties or combinations thereof in conducting transit
studies and formulating service plans.
Subd. 6. [FINANCIAL ASSISTANCE FOR CERTAIN PROVIDERS.] The
board shall provide financial assistance to recipients who were
receiving assistance by contract with the commissioner of
transportation under Minnesota Statutes 1982, section 174.24,
subdivision 3 on the effective date of this section so that the
percentage of total operating cost, as defined by the board,
paid by the recipient from all local sources of revenue,
including operating revenue, does not exceed the percentage for
of transportation under his final contract with the recipient.
The board may include funds received under section 473.446,
subdivision 1a, as a local source of revenue. The remainder of
the total operating cost will be paid by the board less all
assistance received by the recipient for that purpose from any
federal source.
If a recipient informs the board in writing prior to the
distribution of financial assistance for any year that paying
its designated percentage of total operating cost from local
sources will cause undue hardship, the board may adjust the
percentage as it deems equitable. If for any year the funds
available to the board are insufficient to allow the board to
pay its share of total operating cost for those recipients, the
board shall reduce its share in each classification to the
extent necessary.
Subd. 7. [MTC IMPACT ASSESSMENT.] Prior to entering into a
contract for operating assistance with a recipient other than
the transit commission the board shall evaluate the effect, if
any, of the contract on the ridership, routes, schedules, fares,
and staffing levels of the existing and proposed service
provided by the commission. A copy of the assessment must be
provided to the commission. The board may enter into the
contract only if it determines that the service to be assisted
under the contract will not impose an undue hardship on the
ridership or financial condition of the commission, cause the
dismissal of persons that are employed by the commission, or
reduce the total level of service in the metropolitan area
provided by the commission.
Subd. 8. [PARATRANSIT CONTRACTS.] In executing and
administering contracts for paratransit projects, the board has
the powers and duties given to the commissioner of
transportation in section 174.255, subdivisions 1 and 2 relating
to handicapped accessibility and insurance coverage. The
provisions of section 174.255, subdivision 3, apply to
paratransit projects which receive assistance by contract with
the board.
Subd. 9. [ASSUMPTION OF CONTRACTS.] The board shall
certify to the commissioner of transportation when it has
adopted an approved interim implementation plan and is ready to
assume responsibility for administering contracts made by the
commissioner with recipients in the metropolitan area under
section 174.24. On receiving the certification the commissioner
shall transfer to the board from funds appropriated to him an
amount sufficient to permit the board to pay all state financial
assistance contracted for and shall make no further contracts
under section 174.24, subdivision 3, with recipients in the
metropolitan area. On receipt of this amount by the board the
contracts so assumed become a responsibility of the board.
Sec. 122. [473.386] [SPECIAL TRANSPORTATION SERVICE.]
Subdivision 1. [PROJECT OBJECTIVES.] The transit board
shall implement a project to coordinate special transportation
service in the metropolitan area. The project has the following
objectives:
(a) to provide greater access to transportation for the
elderly, handicapped, and others with special transportation
needs in the metropolitan area;
(b) to develop an integrated system of special
transportation service providing transportation tailored to meet
special individual needs in the most cost-efficient manner; and
(c) to use existing public and private providers of service
wherever possible, to supplement rather than replace existing
service, and to increase the productivity of all special
transportation vehicles available in the area.
Subd. 2. [FINANCING; IMPLEMENTATION; MANAGEMENT AND
ADVISORY GROUPS.] The board shall contract for services
necessary for the project's operation. All transportation
service provided through the project must be provided under a
contract between the board and the provider which specifies the
service to be provided and the rates for providing it. The
board shall establish a committee to set management policies for
the project. The management policy committee must include the
chairman of the board or his designee, representatives of
persons contracting to provide services for the project,
representatives of users of the service, and representatives of
appropriate agencies. The meetings of the management policy
committee are public and minutes of all meetings must be taken,
preserved, and made available for public inspection. The board
shall establish an advisory task force of individuals
representing the elderly, handicapped, and other users of
service provided by the project to advise the management policy
committee.
Subd. 3. [DUTIES OF BOARD.] In implementing the project
the board shall:
(a) encourage participation in the project by public and
private providers of special transportation service currently
receiving capital or operating assistance from a public agency;
(b) contract with public and private providers that have
demonstrated their ability to effectively provide service at a
reasonable cost;
(c) encourage individuals using service provided through
the project to use the type of service most appropriate to their
particular needs;
(d) ensure that all persons providing service through the
project receive equitable treatment in the allocation of the
ridership;
(e) encourage shared rides to the greatest extent
practicable;
(f) encourage public agencies that provide transportation
to eligible individuals as a component of human services and
educational programs to coordinate with the project and to allow
reimbursement for services provided through the project at rates
that reflect the public cost of providing those services; and
(g) establish criteria to be used in determining individual
eligibility for special transportation services.
Subd. 4. [COORDINATION REQUIRED.] The board may not grant
any financial assistance to any recipient that proposes to use
any part of the grant to provide special transportation service
in the metropolitan area unless the program is coordinated with
the project in the manner determined by the board.
Subd. 5. [EQUITABLE ALLOCATION AND ANNUAL REALLOCATION.]
The board shall distribute all available funding under this
section in a manner designed to achieve an equitable allocation
of special transportation services based on the proportion of
the number of elderly, handicapped, disabled, or economically
disadvantaged individuals with special transportation needs who
actually use the special transportation service.
Subd. 6. [OPERATING AND SERVICE STANDARDS.] A vehicle
providing special transportation service which is subject to the
operating standards adopted pursuant to section 174.30 may not
be allowed to provide service through the project unless a
current certificate of compliance has been issued to the
vehicle. A person operating or assisting the operation of a
vehicle may leave the vehicle to enter premises in order to help
a passenger who does not require emergency ambulance service.
Operators and assistants shall provide the help necessary for
door-through-door service, including help in entering and
leaving the vehicle and help through the exterior entrance and
over any exterior steps at either departure or destination
buildings, provided that both the steps and the wheelchair are
in good repair. If an operator or assistant refuses help
because of the condition of the steps or the wheelchair, the
operator of the service shall send letters to the board and the
person denied service describing the corrective measures
necessary to qualify for service.
Subd. 7. [ASSUMPTION OF PROGRAM.] The board shall certify
to the commissioner of transportation when it has adopted an
approved interim implementation plan and is ready to assume
responsibility for the special transportation service project
administered by the commissioner under section 174.31. On
receiving the certification the commissioner shall transfer to
the board the unexpended balance of the funds appropriated to
him by law for operation of the special transportation service
coordination project under Minnesota Statutes 1982, section
174.31, and shall take no further actions under that section. On
receipt of this amount the project becomes a responsibility of
the board.
Sec. 123. [473.388] [REPLACEMENT SERVICE PROGRAM.]
Subdivision 1. [PROGRAM ESTABLISHED.] A replacement
service program is established to continue the metropolitan
transit service demonstration program established in Minnesota
Statutes 1982, section 174.265, as provided in this section.
Subd. 2. [REPLACEMENT SERVICE; ELIGIBILITY.] The transit
board may provide assistance under the program to a statutory or
home rule charter city or town or combination thereof, that:
(a) is located in the metropolitan transit taxing district;
(b) is not served by the transit commission or is served
only with transit commission bus routes which begin or end
within the applying city or town or combination thereof; and
(c) has fewer than four scheduled runs of metropolitan
transit commission bus service during off-peak hours defined in
section 473.408, subdivision 1.
Eligible cities or towns or combinations thereof may apply
on behalf of a transit operator with whom they propose to
contract for service.
The board may not provide assistance under this section to
a statutory or home rule charter city or town unless the city or
town was receiving assistance under Minnesota Statutes 1982,
section 174.265 or had submitted an application or a letter of
intent to apply for assistance under that section by July 1,
1984.
Subd. 3. [APPLICATION FOR ASSISTANCE.] An application for
assistance under this section must:
(a) describe the existing service provided to the applicant
by the transit commission, including the estimated number of
passengers carried and the routes, schedules, and fares;
(b) describe the transit service proposed for funding under
the demonstration program, including the anticipated number of
passengers and the routes, schedules, and fares; and
(c) indicate the total amount of available local transit
funds, the portion of the available local transit funds proposed
to be used to subsidize replacement services, and the amount of
assistance requested for the replacement services.
Subd. 4. [FINANCIAL ASSISTANCE.] The board may grant the
requested financial assistance if it determines that the
proposed service is consistent with the approved implementation
plan and is intended to replace the service to the applying city
or town or combination thereof by the transit commission and
that the proposed service will meet the needs of the applicant
at least as efficiently and effectively as the existing service.
The amount of assistance which the board may provide under
this section may not exceed the sum of:
(a) the portion of the available local transit funds which
the applicant proposes to use to subsidize the proposed service;
and
(b) an amount of financial assistance bearing an identical
proportional relationship to the amount under clause (a) as the
total amount of financial assistance to the transit commission
bears to the total amount of taxes collected by the board under
section 473.446. The board shall pay the amount to be provided
to the recipient from the assistance the board would otherwise
pay to the transit commission.
For purposes of this section "available local transit funds"
means 90 percent of the tax revenues which would accrue to the
board from the tax it levies under section 473.446 in the
applicant city or town or combination thereof.
Subd. 5. [OTHER ASSISTANCE.] A city or town receiving
assistance under this section may also receive assistance from
the board under section 473.384. In applying for assistance
under that section an applicant must describe the portion of the
available local transit funds which are not obligated to
subsidize replacement service and which the applicant proposes
to use to subsidize additional service. An applicant which has
exhausted its available local transit funds may use any other
local subsidy funds to complete the required local share.
Subd. 6. [ASSUMPTION OF PROGRAM.] The board shall certify
to the commissioner of transportation when it has adopted an
approved interim implementation plan and is ready to assume
responsibility for the metropolitan transit service
demonstration program administered by the commissioner under
Minnesota Statutes 1982, section 174.265. On receipt of the
certification by the commissioner he shall make no further
contracts under that program and shall assign all contracts then
in effect under that program to the board, and the contracts at
that time become obligations of the board.
Sec. 124. [473.39] [BORROWING MONEY.]
Subdivision 1. [GENERAL AUTHORITY.] The transit board, if
authorized by vote of at least two-thirds of all its members,
may borrow money on terms, and in the manner it deems proper.
The board may not issue obligations pursuant to this subdivision
in excess of the amount specifically authorized by law. A loan
made under this section and interest thereon shall be payable
from collections of any funds of the board not otherwise
appropriated by law and not otherwise pledged by resolution of
the board. The loans may be evidenced by certificates of
indebtedness, bonds, or other obligations, to which the board
may pledge money received upon collection of the tax authorized
by section 473.446 or received as proceeds of bonds issued under
this section or any other revenue of the board. The loans may
also be secured by a security interest in property acquired in
whole or in part from their proceeds. The obligations are not a
charge, lien, or encumbrance upon and may not be enforced
against any property of the board except tax collections and
bond proceeds specifically pledged by the board and security
interests granted by it. In the enforcement or collection of
the obligations, exercise of the taxing power of the board may
not be required unless the board has specifically pledged tax
levies or tax collections authorized by section 473.446 to the
payment of the obligations. The obligations are not a debt of
the state or any municipality or political subdivision within
the meaning of any debt limitation or requirement pertaining to
those entities. Neither the state nor any municipality or
political subdivision except the board, nor any member or
officer or employee of it is liable on the obligations.
Subd. 2. [LEGAL INVESTMENTS.] Certificates of
indebtedness, bonds, or other obligations issued by the board to
which tax levies have been pledged pursuant to section 473.446,
are proper for investment of any funds by a bank, savings bank,
savings and loan association, credit union, trust company,
insurance company, or public or municipal corporation, and may
be pledged by any bank, savings bank, savings and loan
association, credit union, or trust company as security for the
deposit of public money.
Subd. 3. [TEMPORARY BORROWING.] After the board has
adopted a budget, the board may borrow money in amounts it deems
necessary, which may be used or expended by the board for any
purpose, including but not limited to current expenses, capital
expenditures, and the discharge of any obligation or
indebtedness of the board. The indebtedness must be represented
by a note or notes which may be issued from time to time in any
denomination and sold at public or private sale pursuant to a
resolution authorizing their issuance. The resolution must set
forth the form and manner of execution of the notes and must
contain other terms and conditions the board deems necessary or
desirable to provide security for the holders of the notes. The
note or notes are payable from committed or appropriated money
from taxes, grants or loans of the state or federal government
made to the board, or other revenues of the board, and the money
may be pledged to the payment of the notes. To the extent the
notes are not paid from the grant or loan money pledged for the
payment thereof, the principal and interest of the notes must be
paid from any taxes, income, and revenue received or accrued
during the fiscal year in which the note or notes were issued,
or other money of the board lawfully available therefor.
Sec. 125. [473.394] [BOARD EXEMPT FROM TAXATION.]
The properties, moneys, and other assets of the transit
board, all revenues or other income of the board, are exempt
from all taxation, licenses, fees, or charges of any kind
imposed by the state or by any county, municipality, political
subdivision, taxing district, or other public agency or body of
the state.
Sec. 126. Minnesota Statutes 1982, section 473.404, is
amended to read:
473.404 [METROPOLITAN TRANSIT COMMISSION; CREATION AND
COMPOSITION.]
Subdivision 1. [ESTABLISHMENT.] There is hereby created a
metropolitan transit commission for the metropolitan area,
composed of nine members, herein called commissioners or
members, which commission shall be organized, structured and
administered as provided in sections 473.141 and 473.401 to
473.451.
Subd. 2. [MEMBERSHIP.] The transit commission consists of
three members appointed by the transit board. One member must
be a resident of the city of Minneapolis, one must be a resident
of the city of St. Paul, and one must reside in the service area
of the commission outside of Minneapolis and St. Paul.
Appointments are not subject to the advice and consent of the
senate.
Subd. 3. [TERMS.] The term of each member of the
commission is three years and until a successor is appointed and
qualified. The initial terms of members commence on the first
day after August 1, 1984, that all three members have been
appointed and qualified. One member must be appointed to an
initial term of one year, one to an initial term of two years,
and one to an initial term of three years. The terms of members
of the transit commission appointed and serving on August 1,
1984, pursuant to Minnesota Statutes 1982, section 473.141,
expire on the day that the terms of members appointed pursuant
to this section commence.
Subd. 4. [CHAIR.] The commission shall annually elect a
member to serve as the chair of the commission for a term of one
year. The chair shall preside at all meetings of the
commission, if present, and shall perform all other duties
assigned to him by the commission or by law. The chair may call
special meetings of the commission.
Subd. 5. [QUALIFICATION.] Each member of the commission
must have management experience. A member shall not during his
term of office be a member of the metropolitan council, the
regional transit board, the metropolitan waste control
commission, the metropolitan airports commission, the
metropolitan sports facilities commission, or any other
independent regional commission, board, or agency, or hold any
judicial office. Each member shall qualify by taking and
subscribing to the oath of office prescribed by the Minnesota
Constitution, article 5, section 5. The oath, duly certified by
the official administering it, must be filed with the
metropolitan council.
Subd. 6. [REMOVAL; VACANCIES.] Members may be removed by
the council only for cause in the manner specified in chapter
351. If the office of a member becomes vacant, under the
conditions specified in chapter 351, the vacancy must be filled
in the same manner in which the appointment to that office was
made.
Subd. 7. [COMPENSATION.] Each member must be compensated
as provided in section 473.141, subdivision 7.
Subd. 8. [ORGANIZATION.] The commission shall be organized
into an operations division and an administration and operations
planning division. The head of each division shall report to
the chief administrator.
Subd. 9. [ADMINISTRATION.] The commission must be
administered as provided in section 473.141, subdivisions 8, 9,
10, 11, 12, 13, and 14, except as otherwise provided in sections
473.404 to 473.449.
Sec. 127. Minnesota Statutes 1982, section 473.405, is
amended to read:
473.405 [OPERATION POWERS.]
Subdivision 1. [LEGAL STATUS; GENERAL POWERS.] The transit
commission has the powers and duties prescribed by sections
473.404 to 473.449 and all powers necessary or convenient to
discharge its duties.
Subd. 2. [LEGAL STATUS.] (a) The transit area, with the
commission as its governing body, shall be is a public
corporation and a political subdivision of the state. All the
powers vested and obligations or duties imposed upon the
commission and acts of the commission by sections 473.401 to
473.451 shall be deemed to be those of the transit area wherever
necessary or appropriate, and shall be exercised, performed, and
discharged in behalf of the area by the commission in its name
as a public corporation and with like force and effect as if
done in the name of the area, and for all such purposes, the
commission shall have the same status and powers as the area,
all subject to the provisions of section 473.449. The chairman
and secretary of the commission shall have such powers as are
delegated to them by the commission.
Subd. 3. [PROPERTY.] The commission may acquire, own,
hold, use, improve, operate, maintain, lease, exchange,
transfer, sell, or otherwise dispose of property, franchises,
easements, or property rights or interests of any kind. The
commission may acquire by purchase, lease, gift, or condemnation
proceedings pursuant to chapter 117. Except as provided in
subdivision 9, the commission may take possession of any
property for which condemnation proceedings have been commenced
at any time after the filing of the petition describing the
property in the proceedings. The commission may contract with
an operator or other persons for the use by the operator or
person of any property under the commission's control.
(b) Subd. 4. [TRANSIT SYSTEMS.] The commission shall have
the power to plan, may engineer, construct, equip, and operate
transit and paratransit systems, projects, or any parts thereof,
including road lanes or rights of way, terminal facilities,
maintenance and garage facilities, ramps, parking areas, and any
other facilities useful for or related to any public transit or
paratransit system or project. The commission may acquire by
purchase, lease, gift, or condemnation proceedings any real or
personal property, franchises, easements, or other rights of any
kind for such purposes, or which may be necessary or proper for
the discharge of its powers and duties.
Subd. 5. [ACQUISITION OF TRANSIT SYSTEMS.] The commission
shall have the power to may acquire by purchase, lease, gift, or
condemnation proceedings any existing public transit system or
any part thereof, including all or any part of the plant,
equipment, shares of stock, property, real, personal, or mixed,
rights in property, reserve funds, special funds, franchises,
licenses, patents, permits and papers, documents and records
belonging to any operator of a public transit system within the
transit metropolitan area, and may in connection therewith
assume any or all liabilities of any operator of a public
transit system. The commission may not acquire any existing
public transit system until such the acquisition has been
approved by a majority of the transit board and the metropolitan
council. The commission may hold, use, improve, operate,
maintain, lease, exchange, transfer, sell, or otherwise dispose
of any of its property or rights to others and may contract with
any operator or other persons for the use by any such operator
or person of any such property or facilities under its control.
The commission, if it proceeds to acquire any existing
public transit system or any part thereof by condemnation, shall
have the power to take control of and operate such a system
immediately following the filing and approval of the initial
petition for condemnation, if the commission, in its discretion,
determines such action this to be necessary. This power shall
include the, and may take possession of all right, title and
other powers of ownership in all properties and facilities
described in the petition. Such action shall Control must be
taken by resolution which shall be is effective upon service of
a copy thereof on the condemnee and the filing of the resolution
in the condemnation action. In the determination of the fair
value of the existing public transit system, there shall must
not be included any value attributable to expenditures for
improvements made by the transit commission.
The commission may continue or terminate within three
months of acquisition any advertising contract in existence by
and between any advertiser and a transit system that the
commission has acquired. If the commission determines to
terminate such the advertising contract, it shall acquire all of
the advertiser's rights under the contract by purchase or
eminent domain proceedings as provided by law.
Subd. 6. [PLANNING.] The commission shall prepare the
operations plans and service plans required by the board for
submission to the board for approval.
Subd. 7. [ACTIONS.] The commission may sue and be sued and
may enter into contracts which may be necessary or proper.
Subd. 8. [CONTRACTS.] The commission may enter into
contracts necessary or proper for the exercise of its powers or
the accomplishment of its purposes.
Subd. 9. [CONDEMNATION OF PUBLIC PROPERTY OR PROPERTY OF
PUBLIC SERVICE CORPORATIONS.] The fact that property is owned by
or is in charge of a public agency or a public service
corporation organized for a purpose specified in section 300.03,
or is already devoted to a public use or to use by the
corporation or was acquired therefor by condemnation may not
prevent its acquisition by the commission by condemnation, but
if the property is in actual public use or in actual use by the
corporation for any purpose of interest or benefit to the
public, the taking by the commission by condemnation may not be
authorized unless the court finds and determines that there is
greater public necessity for the proposed use by the commission
than for the existing use.
Subd. 10. [VOLUNTARY TRANSFER OF PUBLIC PROPERTY TO THE
COMMISSION.] Any state department or other agency of the state
government or any county, municipality, or other public agency
may sell, lease, grant, transfer, or convey to the commission,
with or without consideration, any facilities or any part or
parts thereof or any real or personal property or interest
therein which may be useful to the commission for any authorized
purpose. In any case where the construction of a facility has
not been completed, the public agency concerned may also
transfer, sell, assign, and set over to the commission, with or
without consideration, any existing contract for the
construction of the facilities.
Subd. 11. [GIFTS AND GRANTS.] The commission may accept
gifts, grants, or loans of money or other property from the
United States, the state, or any person or entity for such
purposes, may enter into any agreement required in connection
therewith, may comply with any federal or state laws or
regulations applicable thereto, and may hold, use, and dispose
of such the money or property in accordance with the terms of
the gift, grant, loan, or agreement relating thereto. The
commission may establish an executive committee, a finance
committee, and such other committees of its members as it deems
necessary or proper in furtherance of the provisions of sections
473.401 to 473.451, and may authorize them to exercise in the
intervals between commission meetings any powers of the
commission except those expressly required by law to be
exercised by the commission.
Subd. 2 12. [MANAGEMENT CONTRACTS.] Notwithstanding any of
the other provisions of sections 473.401 to 473.451, the
commission shall have powers may, in lieu of directly operating
any public transit system, or any part thereof, to enter into
management contracts with any persons, firms, or corporations
for the management of said system for such period or periods of
time, and under such services. The contracts may provide for
compensation, incentive fees, the employment of personnel, the
services provided, and other terms and conditions as shall be
deemed advisable and that the commission deems proper by the
commission and such persons, firms, or corporations.
Such persons, firms, or corporations entering into
management contracts with the commission may employ necessary
personnel for the operation and maintenance of said system as
well as perform consulting and supervisory services for the
commission. An incentive fee may be included in any management
contract that is negotiated The commission may not permit a
contract manager to supervise or manage internal audit
activities. Internal audit activity must be supervised and
managed directly by the commission. The commission shall
advertise for bids and select contracts for management services
through competitive bidding. The term of the contract may not
be longer than two years. The contract must include clear
operating objectives, stating the service policies and goals of
the commission in terms of the movement of various passenger
groups, and performance criteria, by means of which success in
achieving the operating objectives can be measured. Employees
of a contract manager may serve only in the operations
division. The commission shall consider and determine the
feasibility and desirability of having all its transit
management services provided internally by employees of the
commission.
The employees of any public transit system operated
pursuant to the provisions of this subdivision shall, in case of
for the purpose of resolving any dispute arising under any
existing or new collective bargaining agreement relating to the
terms or conditions of their employment, have the right, for the
purpose of resolving such dispute, may either to engage in a
concerted refusal to work or to invoke the processes of final
and binding arbitration as provided by chapter 572, subject to
any applicable provisions of the agreement not inconsistent with
law.
Whenever the commission shall directly operate any public
transit system, or any part thereof, or enter into any
management contract or other arrangement for the operation
thereof, the commission shall take such action as may be
necessary to extend to employees of affected public transit
systems in the area, in accordance with seniority, the first
opportunity for reasonably comparable employment in any
available non-supervisory jobs in respect to such operations for
which they can qualify after a reasonable training period. Such
employment shall not result in any worsening of the employee's
position in his former employment nor any loss of wages, hours,
working conditions, seniority, fringe benefits, and rights and
privileges pertaining thereto.
The commission may enter into an agreement specifying fair
and equitable arrangements to protect the interests of employees
who may be affected if the commission should acquire any
interest in or purchase any facilities or other property of a
privately owned and operated transit system, or construct,
improve, or reconstruct any such facilities or other such
property acquired from any such system, or provide by contract
or otherwise for the operation of transportation facilities or
equipment in competition with, or supplementary to, the service
provided by an existing transit system. Such agreement,
specifying the terms and conditions of the protective
arrangements, shall comply with any applicable requirements of
sections 473.401 to 473.451, and with the requirements of any
federal law or regulation if federal aid is involved. Such an
agreement may provide for final and binding arbitration of any
dispute.
Subd. 3. [RULES AND REGULATIONS.] The commission may
prescribe and promulgate rules and regulations as it deems
necessary or expedient in furtherance of the purposes of
sections 473.401 to 473.451 upon like procedure and with like
force and effect as provided for state agencies by sections
14.02, 14.04 to 14.36, 14.38, 14.44 to 14.45, and 14.57 to
14.62, and acts amendatory thereof and supplementary thereto.
Subd. 13. [INSURANCE.] The commission may provide for
self-insurance or otherwise provide for insurance relating to
any of its property, rights, or revenue, workers' compensation,
public liability, or any other risk or hazard arising from its
activities, and may provide for insuring any of its officers or
employees against the risk or hazard at the expense of the
commission. If the commission provides for self-insurance,
against its liability and the liability of its officers,
employees, and agents for damages resulting from its torts and
those of its officers, employees, and agents, including its
obligation to pay basic economic loss benefits under sections
65B.41 to 65B.71, it shall be entitled to deduct from damages
and basic economic loss benefits all money paid or payable to
the persons seeking damages and benefits from all governmental
entities providing medical, hospital, and disability benefits.
Subd. 14. [ENTRY ON PREMISES FOR INVESTIGATIONS.] The
commission may enter in a reasonable manner upon any lands,
waters, or premises for the purpose of making any reasonably
necessary or proper surveys, soundings, drillings, and
examinations. The entry may not be deemed a trespass, except
that the commission is liable for any actual and consequential
loss, injury, or damage therefrom.
Subd. 15. [RELOCATION OF DISPLACED PERSONS.] The
commission may plan for and assist in the relocation of
individuals, families, business concerns, nonprofit
organizations, and others displaced by operations of the
commission, and may make relocation payments in accordance with
federal regulations.
Sec. 128. Minnesota Statutes 1982, section 473.409, is
amended to read:
473.409 [AGREEMENTS WITH COMMISSION; ENCOURAGEMENT OF
TRANSIT USE.]
A state department or agency, including the legislative
branch, any local governmental unit, the metropolitan council,
or other metropolitan commission may enter into an agreement
with the transit commission and other operators for the purpose
of encouraging the use of transit by its employees residing in
the metropolitan area. The agreement may provide for, among
other things: (a) the advance purchase of tokens, tickets or
other devices from the commission or other operator for use in
lieu of fares on vehicles operated by the commission or other
operator; and (b) special transit service for employees to and
from their place of employment, at fares to be agreed upon by
the contracting parties. The tokens, tickets, or other devices
or services may be made available to employees at reduced
rates. Any such agreement and arrangement by a state department
or agency shall be submitted to the commissioner of
administration for approval before execution. Any operating
deficits or subsidy resulting from such agreements shall be
assumed by the contracting department, agency, governmental
unit, council, or other commission, unless otherwise provided in
the an agreement approved by the transit board.
Sec. 129. Minnesota Statutes 1982, section 473.411, is
amended to read:
473.411 [TRANSPORTATION DEVELOPMENT PROGRAM TRANSIT AND
HIGHWAY SYSTEMS.]
Subdivision 1. [DEVELOPMENT PROGRAM.] The commission shall
prepare and submit in the manner provided in and satisfying the
requirements of section 473.161, a development program,
providing for the implementation of the policy plan adopted by
the council. In preparing the program, the commission shall
consult with counties and municipalities in the metropolitan
area, the state transportation department and the commissioner
of energy, planning and development, and for that purpose may
create such advisory committees as may be necessary.
The program shall provide for coordination of routes and
operations of all publicly and privately owned transit and
paratransit facilities within the transit area to the end that
combined efficient and rapid transit and paratransit may be
provided for the use of the public in the entire area. The
commission may designate a segment of the system planned as a
pilot or demonstration transit or paratransit project using,
without limitation, new technology including airborne systems,
or traditional systems of evolved or modern form. The
development program shall include the general alignment and
profile, approximate points of access, facility classification,
approximate cost, relation to other existing and planned transit
and paratransit routes and facilities, and a statement of the
expected general effect on present and future use of the
property within the corridor. The program shall be accompanied
with a statement of need for the proposed construction or
improvement, a description of alternate routes which were
considered, and an explanation of the advantages and
disadvantages in the selection of any route considered. The
development program shall also contain a description of the type
of right-of-way or routes required; the type of transit service
to be provided in each portion of the system; designation of
transit mode; and appropriate general operating criteria. The
program shall also contain an operational improvement program
which shall at least describe performance objectives and
standards which the commission proposes to achieve in satisfying
policies, purposes, and goals established by the legislature and
the council; identify performance indicators by which to monitor
and assess progress in achieving the objectives and standards;
and establish a route deficit limit as provided in section
174.28, subdivision 5. The program may include such other
information as the council or the commission deems necessary.
Subd. 3. [COMBINATION OF PUBLIC TRANSIT AND HIGHWAY
SYSTEMS; SERVICES OF DEPARTMENT OF TRANSPORTATION.] The public
transit system shall be designed and operated, as far as
practicable, so as to provide, in combination with public
highways, adequate means and facilities of maximum attainable
efficiency for public transportation to, from, and within the
metropolitan transit area, and to relieve the congestion,
traffic hazards, and other objectionable conditions aforesaid on
the public highways caused by lack of adequate provisions for
public transit. The transit commission may make use of
engineering and other technical and professional services,
including regular staff and qualified consultants, which the
commissioner of transportation can furnish, upon fair and
reasonable reimbursement for the cost thereof; provided, that
the commission shall have has final authority over the
employment of any services from other sources which it may deem
necessary for such purposes. The commissioner of transportation
may furnish all engineering, legal, and other services, if so
requested by the commission and upon fair and reasonable
reimbursement for the cost thereof by the commission, which the
commission requests for the purposes stated in this subdivision,
including the acquisition by purchase, condemnation, or
otherwise in the name of the commission of all lands, waters,
easements, or other rights or interests in lands or waters
required by the commission. No purchase of service agreements
may be made under this subdivision which are not included in the
budget of the commission.
Subd. 4. [STATE HIGHWAYS; JOINT USE FOR TRANSIT AND
HIGHWAY PURPOSES.] Wherever the joint construction or use of a
state highway is feasible in fulfilling the purposes of sections
473.401 to 473.451, the transit commission shall enter into an
agreement with the commissioner of transportation therefor,
evidenced by a memorandum setting forth the terms of the
agreement. Either the commission or the commissioner of
transportation may acquire any additional lands, waters,
easements or other rights or interests therein required for such
joint use in accordance with said the agreement, or joint
acquisition may be made by condemnation as provided by section
117.016 and the provisions of sections 473.401 to 473.451.
Under any such the agreement each party shall pay to the other
party reasonable compensation for the costs of any services
performed at the request of the other party which may include
any costs of engineering, design, acquisition of property,
construction of the facilities, and for the use thereof so far
as attributable to and necessary for said the purposes. The
commission may not agree to acquisitions or expenditures under
this subdivision which are not included in its budget.
Subd. 5. [USE OF PUBLIC ROADWAYS AND APPURTENANCES.] The
transit commission shall have the right to may use for the
purposes of sections 473.401 to 473.451 upon the conditions
hereinafter stated in this subdivision any state highway or
other public roadway or lane thereof, or any bridge or tunnel or
other appurtenance of such a roadway, without payment of any
compensation therefor, provided such the use does not interfere
unreasonably with the public use or maintenance of the roadway
or appurtenance or entail any substantial additional costs for
maintenance thereof; provided further, that. The provisions of
this subdivision shall do not apply to the property of any
common carrier railroad or common carrier railroads. The
consent of the public agency in charge of such state highway or
other public highway or roadway or appurtenance shall is not be
required, but if such the agency objects to the proposed use or
claims reimbursement from the commission for additional cost of
maintenance, it may commence an action against the commission in
the district court of the county wherein such the highway,
roadway, or appurtenance, or major portion thereof, is located.
The proceedings in such the action shall must conform to the
rules of civil procedure applicable to the district courts. The
court shall sit without jury. If the court determines that the
use in question interferes unreasonably with the public use or
maintenance of the roadway or appurtenance, it shall enjoin such
the use by the commission. If the court determines that the use
in question does not interfere unreasonably with the public use
or maintenance of the roadway or appurtenance, but that it
entails substantial additional maintenance costs, the court
shall award judgment to the agency for the amount of such the
additional costs. Otherwise the court shall award judgment to
the commission. An aggrieved party may appeal from the judgment
of the district court in the same manner as is provided for such
appeals in other civil actions. The commission may also use
land within the right of way of any state highway or other
public roadway for the erection of traffic control devices,
other signs, and passenger shelters upon the conditions
hereinafter stated in this subdivision and subject only to the
approval of the commissioner of transportation where required by
statute, and subject to the express provisions of other
applicable statutes and to federal requirements where necessary
to qualify for federal aid.
Sec. 130. Minnesota Statutes 1982, section 473.416, is
amended to read:
473.416 [COMMISSION; TAKING OVER PERSONNEL AND CONTRACTS OF
JOINT POWERS TRANSIT COMMISSION SYSTEMS.]
Whenever the transit commission directly operates any
public transit system, or any part thereof, or enters into any
management contract or other arrangement for the operation of a
system, the commission shall take the action necessary to extend
to employees of the affected public transit systems, in
accordance with seniority, the first opportunity for reasonably
comparable employment in any available nonsupervisory jobs in
respect to such operations for which they can qualify after a
reasonable training period. The employment must not result in
any worsening of the employee's position in his or her former
employment nor any loss of wages, hours, working conditions,
seniority, fringe benefits, and rights and privileges pertaining
thereto. The commission may enter into an agreement specifying
fair and equitable arrangements to protect the interests of
employees who may be affected if the commission should acquire
any interest in or purchase any facilities or other property of
a privately owned and operated transit system, or construct,
improve, or reconstruct any facilities or other property
acquired from any system, or provide by contract or otherwise
for the operation of transportation facilities or equipment in
competition with, or supplementary to, the service provided by
an existing transit system. The agreement, specifying the terms
and conditions of the protective arrangements, must comply with
any applicable requirements of sections 473.401 to 473.451, and
with the requirements of any federal law or regulation if
federal aid is involved. The agreement may provide for final
and binding arbitration of any dispute.
The commission, upon commencing operations under sections
473.401 to 473.451, shall, so far as deemed practicable and
advisable in the discretion of the commission and subject to the
provisions hereof, take over and employ in corresponding
positions or other suitable positions the professional,
technical, and other personnel employed by the existing
metropolitan transit commission, hereinafter called the joint
powers transit commission, created by the joint and cooperative
agreement heretofore made between certain governmental units of
the transit area pursuant to section 471.59. The transit
commission created by sections 473.401 to 473.451 shall upon
like conditions take over any contracts made by the joint powers
transit commission and in force on July 1, 1967 for professional
or technical services, rental of office space or other
facilities, or other contracts relating to any matter within the
purposes of sections 473.401 to 473.451. The joint powers
transit commission shall execute all instruments which may be
necessary to effectuate the provisions of this section.
Sec. 131. Minnesota Statutes 1982, section 473.435, is
amended to read:
473.435 [BUDGET PREPARATION; SUBMISSION FINANCE.]
Subdivision 1. [BUDGET.] In furtherance of and in
conformance with the implementation plan of the transit board,
the transit commission shall prepare, submit and adopt a budget
in the manner provided in, and otherwise comply with, the
provisions of sections 174.03 and 473.163 each year shall
prepare an annual budget, at the time, in the form, and
containing the information prescribed by the board, and, after
holding a public hearing on the budget, shall submit the budget
to the board for review and approval or disapproval. The board
may approve or disapprove the budget in whole or in part. The
board may attach conditions to its approval. The board shall
approve elements that the board determines are in conformance
with the board's implementation plan and budget and shall
disapprove elements that the board determines are not in
conformance with the board's implementation plan and budget. The
board shall return the budget to the commission, with comments
indicating the reasons for any disapproval. If necessary, the
commission shall make any appropriate amendments and resubmit
the budget to the board for approval or disapproval.
Subd. 2. [AUDIT.] The transit commission shall employ a
certified public accountant or firm to make an annual audit of
the commission's financial accounts and affairs for the last
fiscal year on or before November 30 of each year, and copies of
the report thereof shall be filed and kept open to public
inspection in the offices of the secretary of the commission,
the board, and the secretary of state. The information in the
audit shall be contained in the annual report and distributed in
accordance with section 473.445.
Sec. 132. Minnesota Statutes 1983 Supplement, section
473.436, subdivision 6, is amended to read:
Subd. 6. [TEMPORARY BORROWING.] On or after the first day
of any fiscal year, the commission may borrow money which may be
used or expended by the commission for any purpose, including
but not limited to current expenses, capital expenditures and
the discharge of any obligation or indebtedness of the
commission. The indebtedness shall must be represented by a
note or notes which may be issued from time to time in any
denomination and sold at public or private sale pursuant to a
resolution authorizing the issuance thereof, which. The
resolution shall must set forth the form and manner of execution
of the notes and shall contain other terms and conditions the
commission deems necessary or desirable to provide security for
the holders of the notes. The note or notes shall be are
payable from committed or appropriated money of from taxes,
grants or loans of the state or federal government made to the
commission, or other revenues of the commission, and the money
may be pledged to the payment of the notes. To the extent the
notes are not paid from the grant or loan money pledged for the
payment thereof, the principal and interest of the notes shall
must be paid with the interest thereon from any taxes, income
and revenue received or accrued during the fiscal year in which
the note or notes were issued, or other money of the commission
lawfully available therefor.
Sec. 133. Minnesota Statutes 1982, section 473.436, is
amended by adding a subdivision to read:
Subd. 7. [APPROVAL BY BOARD.] Commencing on the day that
the transit board has adopted an approved interim implementation
plan and financial plan, pursuant to sections 473.377 and
473.38, the transit commission may not issue debt under this
section without the approval of the board.
Sec. 134. Minnesota Statutes 1982, section 473.445, is
amended to read:
473.445 [COMMISSION; ANNUAL REPORTS.]
Subdivision 1. The transit commission on or before
November 30 of each year shall prepare a report for the
preceding fiscal year, also, so far as practicable, for the
further time up to the preparation of the report, containing, in
addition to such other matters as the commission may deem
proper, the following:
(a) the activities of the commission during the period
covered by the report;
(b) the financial condition of public transit systems under
the control of the commission; and
(c) a complete financial accounting of the financial
accounts and affairs of the commission during the fiscal year;
(d) recommendations for improvements of or additions to the
transit and paratransit facilities of the area to provide
adequate, speedy, and efficient means of transporting people
therein;
(e) recommendations for any needed legislation in
furtherance of the aforesaid purposes.
Subd. 3. Each report shall must be filed with the
secretary of the commission and a copy shall must be filed with
the board, the council, and the secretary of state. Copies
shall must also be submitted to the legislature by November 15
of each even numbered year and shall be distributed annually to
the governor and, to each member of the legislature, to each
county commission, and to each elected chief executive of each
municipality in the transit metropolitan area.
Sec. 135. Minnesota Statutes 1982, section 473.446,
subdivision 2a, is amended to read:
Subd. 2a. [PROTECTION OF RIGHTS OF HOLDERS OF OUTSTANDING
INDEBTEDNESS.] The provisions of subdivisions 1 and 2 or any
other law changing the boundaries of the metropolitan transit
taxing district or reducing the levy otherwise required to be
levied within the district shall not be deemed to impair the
rights of holders of outstanding indebtedness of the commission
to require the levy certification to the transit board of
property taxes, if necessary to provide for any deficiency in
accordance with the conditions of such indebtedness, on all
property within the limits of the metropolitan transit taxing
district as such limits were in effect at the date of issuance
of such indebtedness.
Sec. 136. Minnesota Statutes 1982, section 473.446, is
amended by adding a subdivision to read:
Subd. 6. [TRANSFER OF AUTHORITY.] The authority and
responsibility to levy taxes provided under this section is
transferred from the transit commission to the transit board,
beginning for taxes levied in 1984, payable in 1985, and for
each succeeding year. In addition to the taxing authority under
subdivision 1, the transit board may levy an additional amount
necessary to provide full and timely payment of obligations of
the board issued under section 473.39. The board is subject to
the requirements and obligations imposed by this section on the
commission.
Sec. 137. Minnesota Statutes 1982, section 473.446, is
amended by adding a subdivision to read:
Subd. 7. [PROTECTION OF RIGHTS OF HOLDERS OF OUTSTANDING
INDEBTEDNESS.] Beginning for taxes levied in 1984, payable in
1985, and for each succeeding year, the transit commission shall
certify to the transit board before October 1 of each year the
amounts necessary to provide full and timely payment of
certificates of indebtedness, bonds, and other obligations of
the commission, until all debt of the commission is fully
discharged. As part of its levy made pursuant to subdivisions 1
and 6, the board shall levy the amounts certified by the
commission and transfer the proceeds to the commission for
payment of its obligations. The taxes must be levied,
certified, and collected in accordance with the terms and
conditions of the indebtedness. Nothing in this act may impair
the rights of holders of valid obligations of the commission to
require a levy of property taxes. The transit board shall take
the actions necessary to comply with the terms and conditions of
the obligations, including if necessary the levy of property
taxes to provide for a deficiency.
Sec. 138. Minnesota Statutes 1982, section 473.449, is
amended to read:
473.449 [ACT EXCLUSIVE.]
The exercise by the commission of the powers provided in
sections 473.401 to 473.451 shall not be subject to regulation
by or the jurisdiction or control of any other public body or
agency, either state, county, or municipal, except as
specifically provided in sections 473.401 to 473.451, and Laws
1974, Chapter 422, Article 1 chapter 473.
Sec. 139. Minnesota Statutes 1983 Supplement, section
609.855, subdivision 1, is amended to read:
Subdivision 1. [UNLAWFULLY OBTAINING SERVICES.] Whoever
intentionally obtains or attempts to obtain service from a
provider of regular route transit as defined in section 174.22,
subdivision 8, without making the required fare deposit or
otherwise obtaining the consent of the transit operator or other
authorized transit representative is guilty of unlawfully
obtaining services and may be sentenced as provided in
subdivision 4.
Sec. 140. Minnesota Statutes 1983 Supplement, section
609.855, subdivision 2, is amended to read:
Subd. 2. [UNLAWFUL INTERFERENCE WITH TRANSIT OPERATOR.]
Whoever intentionally commits an act that unreasonably
interferes with the transit operator or representative while the
operator or representative is engaged in the performance of
official duties or obstructs the operation of a transit vehicle
is guilty of unlawful interference and may be sentenced as
provided in subdivision 4.
Sec. 141. Laws 1983, chapter 293, section 1, is amended to
read:
Section 1. [TRANSPORTATION AND OTHER AGENCIES;
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," wherever used in this act, mean that
the appropriation or appropriations listed thereunder are
available for the year ending June 30, 1983, June 30, 1984, or
June 30, 1985, respectively.
SUMMARY BY FUND
1983 1984 1985 TOTAL
General $10,000 $82,717,500 $80,685,200 $163,412,700
Special 335,500 372,700 708,200
Airports 9,356,900 10,335,400 19,712,300
10,355,400
M.S.A.S. 51,500,000 54,100,000 105,600,000
C.S.A.H. 154,900,000 163,400,000 318,300,000
Tr. Hwy. 603,211,800 598,162,700 1,201,374,500
Hwy. User 7,618,100 7,477,700 15,095,800
7,474,300 7,621,500
TOTAL $10,000 $909,639,800 $914,553,700 $1,824,203,500
$909,496,000 $914,697,500
APPROPRIATIONS
Available for the Year
Ending June 30
1984 1985
Sec. 142. Laws 1983, chapter 293, section 2, subdivision
2, is amended to read:
Subd. 2. Highway Development 566,923,700 573,418,700
Trunk Highway Development
1984 1985
$342,824,000 $335,308,700
$342,823,700
It is estimated that this appropriation
will be funded as follows:
Federal Highway Aid
$212,500,000 $204,000,000
Highway User Taxes
$ 95,323,700 $ 91,308,700
Bond Proceeds
$ 35,000,000 $ 40,000,000
The bond proceeds in this appropriation
are the same as those appropriated by
Laws 1977, chapter 277, section 1, and
Laws 1983, chapter 17, section 12, both
as amended by this act.
The commissioner of transportation
shall notify the chairman of the senate
finance committee and chairman of the
house appropriations committee promptly
of any events that should cause these
estimates to change.
This appropriation is for the actual
construction, reconstruction, and
improvement of trunk highways. This
includes the cost of actual payment to
land owners for lands acquired for
highway right of way, payment to
lessees, interest subsidies, and
relocation expenses.
County State Aids
$154,900,000 $163,400,000
This appropriation is from the county
state-aid highway fund and is available
until expended.
Municipal State Aids
$ 51,500,000 $ 54,100,000
This appropriation is from the
municipal state-aid street fund and is
available until expended.
Of the above appropriation, $155,000
the first year and $163,500 the second
year shall be allocated to those
communities where the population fell
below 5,000 according to the 1980
federal census.
If an appropriation for either county
state aids or municipal state aids is
insufficient to exhaust the balance in
the fund from which it is made in the
year for which it is made, the
commissioner of finance, upon request
of the commissioner of transportation,
shall notify the committee on finance
of the senate and the committee on
appropriations of the house of
representatives of the amount of the
remainder and shall then add that
amount to the appropriation. The
amount added is appropriated for the
purposes of county state aids or
municipal state aids, as appropriate.
Highway Debt Service
$ 17,700,000 $ 20,610,000
For transfer 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.
Any excess appropriation shall be
canceled to the trunk highway fund.
Sec. 143. Laws 1983, chapter 293, section 2, subdivision
8, is amended to read:
Subd. 8. Aeronautics 9,249,600 10,249,900
The appropriations in this subdivision
are from the state airports fund.
The amounts that may be expended from
this appropriation for each activity
are as follows:
Aeronautics Operations
$ 439,600 $ 447,300
$ 451,400 $ 459,900
During the biennium ending June 30,
1985, the commissioner shall not
require the registration of personal
use airports except for those within
five miles of a public airport, whether
privately or publicly owned.
Aeronautics Development and Assistance
$ 8,479,700 $ 9,660,100
$ 8,467,900 $ 9,647,500
$971,500 the first year and $1,014,200
the second year is for navigational
aids.
$5,092,300 the first year and
$6,269,400 the second year is for
airport construction grants.
$1,400,000 the first year and
$1,400,000 the second year is for
airport maintenance grants.
If the appropriation for either year
for navigational aids, airport
construction grants, or airport
maintenance grants is insufficient, the
appropriation for the other year is
available for it. These appropriations
shall be expended only for grant-in-aid
programs for airports that are not
state owned.
These appropriations are to be expended
in accordance with Minnesota Statutes,
section 360.305, subdivision 4, clauses
(1), (2), (4), and (5).
The commissioner of transportation may
transfer unencumbered balances among
these appropriations with the approval
of the governor after consultation with
the legislative advisory commission.
$16,900 the first year and $7,500 the
second year is for maintenance of the
Pine Creek Airport.
Air Transportation Services
$ 330,300 $ 142,500
Any unexpended balance of the
appropriation for air transportation
services for purposes of repair and
replacement of aircraft parts remaining
in the first year shall not cancel but
is available for the second year of the
biennium.
The commissioner of transportation
shall expend no money for pilot
uniforms.
During the biennium ending June 30,
1985, the commissioner of
transportation shall establish the
position of state air dispatcher.
Sec. 144. Laws 1983, chapter 293, section 2, subdivision
9, is amended to read:
Subd. 9. Transfers
The commissioner of transportation with
the approval of the commissioner of
finance may transfer unencumbered
balances among the appropriations from
the trunk highway fund made in this
section from the trunk highway fund,
or from the general fund or state
airports fund other than for grants.
No transfer shall be made from
the appropriation for trunk highway
development. No transfer shall be made
from the appropriations for debt
service to any other appropriation.
No transfer shall be made between funds.
Transfers shall be reported forthwith
to the committee on finance of the
senate and the committee on
appropriations of the house of
representatives.
Sec. 145. Laws 1983, chapter 293, section 4, subdivision
1, is amended to read:
Sec. 4. PUBLIC SAFETY
Subdivision 1. General Operations
and Management 68,134,000 68,181,700
67,990,600 68,325,500
1984 1985
Approved Complement - 1,631.9 1,630.8
General - 385.0 385.0
Special - .5 .5
Trunk Highway - 1,039.3 1,039.3
Highway User - 174.6 174.6
Federal - 32.5 31.4
The above approved complement includes
511 for state funded unclassified
patrol officers and supervisors of the
highway patrol.
Nothing in this provision is intended
to limit the authority of the
commissioner of public safety to
transfer personnel, with the approval
of the commissioner of finance, among
the various units and divisions within
this section provided that the above
complement shall be reduced accordingly.
No new highway patrol supervisory
positions shall be established, with
the exception of special duty assigned
ranks for the length of assignment only.
The commissioner of public safety, in
cooperation with the departments of
revenue and transportation, shall
submit a report to the legislature
outlining the costs and benefits of
establishing ports of entry on
Minnesota trunk highways. The study
shall include, but is not necessarily
limited to, an evaluation of the
financial requirements for establishing
ports of entry, the feasibility of
ports of entry, the optimum location of
ports of entry, and the impact ports of
entry might have on the revenues
collected for road and street purposes
in Minnesota. The report shall be
submitted to the chairman of the house
appropriations committee and the
chairman of the senate finance
committee by November 1, 1983.
Of this appropriation, $17,274,400 the
first year and $17,281,200 the second
year is from the general fund; $45,000
the first year and $45,000 the second
year is from the state airports fund;
$43,446,900 for the first year and
$43,627,800 the second year is from the
trunk highway fund; and $7,368,100 $7,224,300
the first year and $7,227,700 $7,371,500 the
second year is from the highway user tax
distribution fund.
The amounts that may be expended from
this appropriation for each program are
specified in the following subdivisions
of this section.
Sec. 146. Laws 1983, chapter 293, section 4, subdivision
3, is amended to read:
Subd. 3. Emergency Services
$ 878,800 $ 784,900
$264,400 the first year and
$267,300 the second year is for
nuclear plant preparedness, and
any unencumbered balance remaining
in the first year does not cancel
but is available for the second
year of the biennium.
Sec. 147. Laws 1983, chapter 293, section 5, is amended to
read:
Sec. 5. AGRICULTURE
General Operations and Management 14,760,600 13,734,700
Approved Complement - 453.8
General - 222.3
Special/Revolving - 216.5
Federal - 15
Of this appropriation, $14,610,400 the
first year and $13,556,000 the second
year is from the general fund; and
$150,200 the first year and $178,700
the second year is from the special
revenue fund.
The amounts that may be expended from
this appropriation for each program are
as follows:
Agricultural Protection Service
$ 3,441,200 $ 3,461,300
Notwithstanding Laws 1981, chapter 356,
section 23, the commissioner of
agriculture need transfer from the
grain inspection account to the general
fund by June 30, 1983 only the amount
of the unobligated balance in the
account not needed to provide working
capital during the fiscal year ending
June 30, 1984, as determined by the
commissioner of finance. Any amounts
due under Laws 1981, chapter 356,
section 23 and not transferred to the
general fund by June 30, 1983 shall be
transferred to the general fund by June
30, 1984. It is estimated that this
delay will reduce general fund
transfers from other funds by $250,000
for fiscal year 1983.
Pursuant to Minnesota Statutes, section
17A.10, the commissioner of agriculture
shall not initiate any new weigh
stations until the recommendations of a
select committee on livestock weighing
have been received by the legislature.
The committee shall be made up of three
members of the house agriculture
committee appointed by the speaker and
three members of the senate agriculture
and natural resources committee
appointed by the subcommittee on
committees of the committee on rules
and administration. The committee
shall report no later than January 30,
1984 promptly appoint weighers to weigh
livestock at each public stockyard,
packing plant, slaughtering house,
buying station, or livestock marketing
agency where weighers are required by
law.
There is appropriated to the Department
of Agriculture $10,000 for fiscal year
1983 for the purpose of implementing a
gypsy moth control program. These
funds are available until expended.
Agricultural Promotion Service
$ 5,771,600 $ 4,632,000
$150,200 the first year and $178,700
the second year is from the commodities
research and promotion account in the
special revenue fund.
$500,000 the first year and $500,000
the second year is for the agriculture
development grant program to be
expended in accordance with Minnesota
Statutes, section 17.101. The
commissioner shall submit a work
program and semi-annual progress
reports to the chairman of the senate
finance committee and the chairman of
the house appropriations committee.
For the biennium ending June 30, 1985,
the commissioner of agriculture may
provide money to assist in the
implementation of research and
promotional orders pursuant to
Minnesota Statutes, sections 17.51 to
17.69 from the appropriations provided
for agriculture development grants.
This money shall be provided in
accordance with Minnesota Statutes,
section 17.101.
No more than $15,000 may be spent for
implementing a barley research and
promotion order.
No more than $30,000 may be spent for
implementing a corn research and
promotion order.
$1,500,000 the first year is for
transfer to the special family farm
security program account created by
Minnesota Statutes, section 41.61,
subdivision 1, for the purpose of
paying lenders for defaulted loans.
$2,846,200 the first year and
$3,164,600 the second year is for
family farm security interest payment
adjustments. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it.
Administration and Financial Aids Service
$ 2,512,400 $ 2,553,200
The appropriation for administration
and financial aids service includes the
following amounts for grants to
agricultural societies and associations:
(a) For aid to the northeastern
Minnesota junior livestock show
association
$ 1,200 $ 1,200
(b) For aid to Minnesota livestock
breeders association
$ 14,200 $ 14,200
(c) For aid to northern sheep growers
associations
$ 1,000 $ 1,000
(d) For aid to southern sheep growers
associations
$ 400 $ 400
(e) For Red River valley livestock
associations
$ 6,000 $ 6,000
The amount appropriated by clause (e)
shall be disbursed pursuant to
provisions of Minnesota Statutes,
section 38.02.
(f) For the Red River Valley Dairymen's
Association, Inc., for the purpose of
promoting better dairying
$ 1,200 $ 1,200
Clauses (b), (c), (d), (e), and (f)
shall be expended under provisions of
Minnesota Statutes, section 17.07.
(g) Aid to county and district
agricultural societies
$ 260,200 $ 257,600
Of this amount, $2,600 in fiscal year
1984 is for reimbursing Morrison County
for costs incurred in fiscal year 1982;
Of the amount appropriated by clause
(g) $3,800 each year is for livestock
premiums to county fair associations
for carrying on boys' and girls' club
work. The amount appropriated by
clause (g) shall be disbursed according
to Minnesota Statutes, section 38.02.
Of the amounts appropriated by clause
(g), $900 each year shall be available
for agricultural aid to the Red Lake
Band of Chippewa Indians, to be
expended as may be directed by the
Indian council for the purpose of
encouraging activities and arts that
will advance the economic and social
interest of their people and
particularly to promote a program of
agricultural development that will
utilize to the greatest possible extent
the lands and forest owned by them.
This appropriation may be used to help
maintain an agricultural extension
service, to promote 4-H club work, or
for premiums for the competitive
display of exhibits at any fair or
exposition that may be arranged under
the direction of the council.
(h) For aid in payment of premiums at
exhibitions of poultry for the poultry
associations
$ 2,800 $ 2,800
Out of the amounts appropriated by
clause (h) the amount of $827 shall be
allotted each fiscal year to aid the
Minnesota state poultry association in
the payment of premiums and other
necessary expenses, exclusive of
salaries or wages of any kind, at its
annual exhibition.
$8,800 the first year and $9,200 the
second year is for payment of claims
relating to livestock damaged by
endangered animal species.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
The commissioner of agriculture shall
submit a report to the chairman of the
house appropriations committee and the
chairman of the senate finance
committee by January 15, 1984 outlining
the costs and benefits of continuing
the building lease beyond October 30,
1984.
Soil and Water Conservation Board
$ 3,035,400 $ 3,088,200
$420,700 the first year and $420,700
the second year is for general purpose
grants in aid to soil and water
conservation districts.
$99,200 the first year and $152,300 the
second year is for grants to districts
for technical assistance, education,
and demonstrations of conservation
tillage.
$198,500 the first year and $198,500
the second year is for grants to
watershed districts and other local
units of government in the southern
Minnesota river basin study area 2 for
flood plain management.
$1,541,400 the first year and
$1,541,400 the second year is for
grants to soil and water conservation
districts for cost-sharing contracts
for erosion control and water quality
management.
$158,700 the first year and $158,700
the second year is for grants in aid to
soil and water conservation districts
and local units of government to assist
them in solving sediment and erosion
control problems. Grants shall not
exceed 50 percent of total project
costs or 50 percent of the local share
if federal money is used. Priority
shall be given to projects designed to
solve lakeshore, stream bank, and
roadside erosion and to projects
eligible for federal matching money.
$12,400 the first year and $12,400 the
second year is for grants to soil and
water conservation districts for review
and comment on water permits.
The commissioner of agriculture with
the approval of the commissioner of
finance may transfer unencumbered
balances not specified for a particular
purpose among the above programs.
Transfers shall be reported forthwith
to the committee on finance of the
senate and the committee on
appropriations of the house of
representatives.
Sec. 148. Laws 1983, chapter 293, section 6, is amended to
read:
Sec. 6. BOARD OF ANIMAL HEALTH
General Operations and Management 1,237,600 1,198,000
Approved Complement - 35
This appropriation includes $40,000
$32,600 the first year and $40,000
$18,000 the second year for payment
of indemnities. If the appropriation
for indemnities for either year is
insufficient, the appropriation for
the other year is available for it.
Indemnities of less than $1 shall not
be paid.
For the biennium ending June 30, 1985,
the board of animal health may request
additional funding from the legislative
advisory commission for the purpose of
implementing the provisions of a bill
known as H.F. 512, tentatively coded as
Minnesota Statutes, section 35.255.
Sec. 149. [JOINT COMMITTEE.]
The senate agriculture and natural resources committee and
the house agriculture committee may form a joint committee to
oversee agricultural land preservation and soil and water
conservation activities in the state.
Sec. 150. [APPROPRIATIONS; REDUCTIONS AND TRANSFERS.]
Subdivision 1. The general fund appropriation in Laws
1983, chapter 293, section 2, subdivision 5(e) for fiscal year
1985 for state operating assistance grants is reduced by
$1,084,800 and reappropriated to the commissioner of
transportation for transfer to the regional transit board.
Subd. 2. The general fund appropriation in Laws 1983,
chapter 293, section 2, subdivision 6 for fiscal year 1985 for
transit administration is reduced by $14,700 and reappropriated
to the commissioner of transportation for transfer to the
regional transit board. The approved general complement of the
department of transportation is reduced by one full-time
position effective June 30, 1985.
Subd. 3. Notwithstanding any other law to the contrary,
the metropolitan transit commission shall reduce its support
staff by 21 full-time positions effective June 30, 1985. For
purposes of this subdivision, support staff includes all staff
other than drivers, mechanics, and security personnel.
Subd. 4. For the biennium ending June 30, 1985, the
approved complement of the regional transit board may not exceed
19 full-time positions. The chairman of the regional transit
board may, on approval of the board, appoint no more than three
persons in the unclassified service, not to exceed any other
statutory complement limitations.
The chairman of the regional transit board shall present a
complete budget and staffing plan to the committees on finance
in the senate and appropriations in the house by December 1,
1984.
Subd. 5. The commissioner of finance shall supervise the
transfer of funds to the regional transit board under
subdivisions 1 and 2. If an increase is required in the amount
appropriated for the operating expenses of the regional transit
board, the commissioner of finance shall determine the
appropriate amount and, subject to the provisions of section
3.30, transfer the required amount from funds made available by
Laws 1983, chapter 293, section 2, subdivision 5(e). Questions
respecting the transfer of programs from the metropolitan
transit commission or the department of transportation shall be
resolved by the commissioner of administration in consultation
with the commissioner of finance.
Sec. 151. [STUDIES; REPORTS.]
The regional transit board shall study and report to the
legislature by February 1, 1985, on the following issues:
(1) changes needed in the replacement service and contract
programs in order to provide greater incentives for cities and
counties and combinations thereof to design and implement
service that meets their needs efficiently and effectively; and
(2) changes needed in its authority to contract
indebtedness and to levy property taxes to retire debt.
Sec. 152. [PROGRESS REPORTS.]
The regional transit board shall report to the legislature
by February 1, 1985, on its progress to date in:
(1) developing and implementing programs to improve service
in areas that are not adequately served at present; and
(2) preparing and implementing the implementation plan and
financial plan required by law.
Sec. 153. [REPEALER.]
Subdivision 1. [METROPOLITAN TRANSIT COMMISSION.]
Minnesota Statutes 1982, sections 174.03, subdivision 5a;
473.401; 473.402; 473.403; 473.411, subdivision 1; 473.413 as
amended by Laws 1983, chapter 247, section 160; 473.451, are
repealed effective August 1, 1984. Minnesota Statutes 1982,
sections 174.24, subdivisions 3a and 4; 174.265; and 174.31 are
repealed July 1, 1985.
Subd. 2. [OTHER.] Minnesota Statutes 1982, sections 167.31;
167.32; 167.33; 167.34; 167.35; 167.36; 167.37; 167.38; 167.39;
167.42; 167.43; 167.44; 167.521; and 168.27, subdivision 5, are
repealed.
Sec. 154. [EFFECTIVE DATE.]
Except as otherwise provided in this section this act is
effective the day following final enactment. Sections 101; 102;
103; 104; 105; 106; 107; 108; 109; 110; 111; 112; 113; 114; 115;
116, subdivisions 1, 2, 4, 5, 6, 7, and 8; 117; 118; 119; 120;
121; 122; 123; 124; and 125, are effective July 1, 1984, in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington. Sections 126; 127; 128; 129; 130; 131; 132; 133;
134; 135; 136; 137; and 138, are effective August 1, 1984, in
the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott,
and Washington. Sections 63; 64; 65; 66; 67; 68; 69; 70; 71;
and 72, are effective July 1, l985. Section 79 is effective
July 1, 1985, and section 81 is effective January 1, 1986.
Sections 139 and 140 are effective August 1, 1984 and apply to
violations committed on or after that date.
ARTICLE 4
EDUCATION
Section 1. DEPARTMENT OF EDUCATION
(a) School Management Services 1,600,000
This appropriation is for regional
computing centers.
It is added to the appropriation for
that purpose in Laws 1983, chapter 258,
section 2, subdivision 7(b), which is
reappropriated to the department.
As part of the fiscal year 1986-1987
biennial budget process, the
commissioner shall, with the assistance
of the ESV Computer Council, prepare a
plan for modification of the statutory
requirement for school district
affiliation with a regional center.
This plan shall include recommendations
for any statutory amendments required
to implement this change in policy.
Notwithstanding Laws 1977, chapter 449,
section 3, subdivision 2, reimbursement
of the $50,000 appropriation for
establishing the Minnesota Occupational
Information System Revolving Fund is
not required.
(b) Special services
The $75,000 appropriated to the
department of education for fiscal year
1984 for a computer project for
personnel licensing and placement
activities may be carried over to
fiscal year 1985.
(c) Auxiliary and General Support Services
The commissioner of education shall
maintain no more than seven total state
complement in the categories of
commissioner, deputy commissioner,
assistant commissioner, assistant to
the commissioner, executive assistant,
or executive aide.
(d) State Board Expenses 57,000
This appropriation is for state
board of education expenses, services,
contracts, and other needs determined
by it. The commissioner of education
shall provide accounting, financial,
and other services without charge to
the board. Expenditure of this
appropriation is subject to the
approval of the chair of the state
board of education rather than the
commissioner of education. This
appropriation is added to the
appropriation for the state board of
education in Laws 1983, chapter 258,
section 2, subdivision 8.
(e) Non-AVTI Adult Vocational Programs 181,000
There is appropriated from the
general fund to the department of
education, for fiscal year 1984, the sum
of $50,000 and, for fiscal year 1985, the
sum of $131,000 for the operation of
non-AVTI adult vocational programs. This
appropriation shall be added to the sums
appropriated for fiscal years 1984 and 1985
for this purpose in Laws 1983, chapter
314, article 5, section 18, subdivision 7.
Sec. 2. STATE BOARD OF
VOCATIONAL-TECHNICAL EDUCATION 100,000
This appropriation is added to the
appropriation in Laws 1983, chapter
258, section 2, subdivision 4, for the
implementation of Laws 1983, chapter
258, sections 56, 57, 58, 59, 60, 61,
63, and 64.
The state board of vocational-technical
education may carry over any
unencumbered balance from its
appropriation from the first year of
the biennium to the second year of the
biennium and up to a maximum of two
percent of its unallocated biennial
appropriation into the following
biennium.
Sec. 3. HIGHER EDUCATION
COORDINATING BOARD
(a) State Scholarship, Nurses Scholarship,
and State Grant-In-Aid 5,000,000
This appropriation is added to the
appropriation for the same purpose in
Laws 1983, chapter 258, section 3,
subdivision 3.
Of the above appropriation, an amount
not to exceed $75,000 is for osteopathy
contracts for osteopathy students who
began their first year of study in the
fall of 1982. Those students are to be
eligible for participation in the
contract program for their third and
fourth years of study.
(b) The Higher Education Coordinating
Board shall adopt temporary rules
pursuant to Minnesota Statutes,
sections 14.29 to 14.36 to implement
Minnesota Statutes 1983 Supplement,
section 136A.1701, for the 1984-1985
academic year. Notwithstanding
Minnesota Statutes, section 14.35, the
temporary rules may be effective until
permanent rules are adopted or June 30,
1985, whichever is earlier.
(c) Reciprocity
A resident of a state which borders
Minnesota and which did not require
non-resident tuition for vocational
technical programs in the 1983-84
school year, may attend an AVTI in
Minnesota at Minnesota resident tuition
rates for the 1984-1985 school year.
The non-resident must qualify under
Minnesota law to attend the AVTI as if
the non-resident were a Minnesota
resident.
The Higher Education Coordinating Board
shall negotiate an interstate tuition
reciprocity agreement with all
bordering states that includes the area
vocational technical institutes. If
agreement cannot be reached on
reciprocity for the area vocational
technical institutes, the Board shall
re-evaluate the entire post-secondary
reciprocity agreement with that state.
Sec. 4. STATE UNIVERSITY SYSTEM
In order to assure conformance with
legislative intent and cost-effective
construction, the State University
Board shall submit the building
program, schematic plans, and cost
estimates authorized by the 1984
Omnibus Capital Improvement Bill styled
as H.F. 2314 to the Department of
Finance for comment and recommendations.
Sec. 5. UNIVERSITY OF MINNESOTA
(a) Supercomputer Institute 1,600,000
This appropriation is for access to
different types of supercomputers.
(b) Bio-Technology Center 200,000
This appropriation is added to the
appropriation for the same purpose in
Laws 1983, chapter 258, section 6,
subdivision 3(z). This appropriation
is available upon submission of
required documentation that each dollar
of state money has been matched by two
dollars of contributions from nonstate
sources.
(c) Faculty Retirement 960,000
This appropriation is added to the
appropriation for operations and
maintenance for the University of
Minnesota in Laws 1983, chapter 258,
section 6, subdivision 2. This
appropriation restores part of the
reduction in the appropriation to the
university which occurred in Laws 1982,
third special session chapter 1,
article 2, section 2, subdivision
3(e). That reduction was intended to
be a proportionate reduction in
compensation for academic employees as
part of the state's overall temporary
reduction in employer contributions for
public employee pensions.
(d) Agricultural Research 265,000
$125,000 of this appropriation is for
research concerning growing and
processing grapes in Minnesota. These
funds are to be used to create, expand,
and facilitate grape research programs
deemed valuable and appropriate to
Minnesota-grown wine grapes, table
grapes, grape juice products, and other
grape products.
The Minnesota Grape Growers Association
shall form a grape research council to
advise the University of Minnesota
about the research to be conducted.
The grape research council shall be
made up of seven members of the
Minnesota Grape Growers Association.
Four members, designated as grower
members, must be active grape growers.
Two members, designated as winery
members, must be actively engaged in
the production of Minnesota-regional
commercial wines. One member,
designated as the research member, must
be actively engaged in either
institutional or private grape culture
research.
This appropriation is added to the
appropriation in Laws 1983, chapter
258, section 6, subdivision 3(b).
(e) China Center 75,000
(f) Talented Youth Mathematics
Program 75,000
(g) Underground Space Center 200,000
(h) Environmental Pathology Laboratory 100,000
(i) The University of Minnesota is
requested to prepare detailed plans and
specifications for the Institute of
Contemporary Retailing. Such plans and
specifications may be included in the
University's 1985 budget request.
Sec. 6. TEACHING ASSISTANTS
It is the intent of the legislature
that the University of Minnesota and
the state university board address the
problem of teaching assistants for whom
English is a second language. The
University of Minnesota and the state
university board shall develop plans
for ensuring that teaching assistants
are proficient in speaking, reading,
and writing the English language as it
is spoken in the United States. The
plans shall be presented to the
legislature by February 1, 1985.
The legislature encourages the
University of Minnesota and the state
university system to be sensitive to
this problem as it may relate to
faculty members and consult with their
faculty on methods of addressing it.
Sec. 7. [INTERNATIONAL SCHOOLS OF BUSINESS.]
The University of Minnesota and the state university system
are requested to prepare coordinated, detailed plans and
specifications for international school of business endeavors;
such plans and specifications shall be included in the systems
1985 budget requests.
Sec. 8. [15.0591] [REPRESENTATIVE OF OLDER POPULATION.]
Subdivision 1. [ADDITION OF MEMBERS.] The membership of
state boards, commissions, advisory councils, task forces, or
committees listed in subdivision 2 shall include at least one
member, 60 years of age or over. At least one of the members
over 60 shall not be actively engaged in or retired from an
occupation, profession, or industry, if any, to be regulated.
Subd. 2. [BODIES AFFECTED.] A member meeting the
qualifications in subdivision 1 shall be appointed to the
following boards, commissions, advisory councils, task forces,
or committees:
(1) advisory council on battered women;
(2) advisory task force on the use of state facilities;
(3) alcohol and other drug abuse advisory council;
(4) board for community colleges;
(5) board of examiners for nursing home administrators;
(6) board on aging;
(7) cable communications board;
(8) chiropractic examiners board;
(9) consumer advisory council on vocational rehabilitation;
(10) council for the handicapped;
(11) council on affairs of Spanish-speaking people;
(12) council on black Minnesotans;
(13) dentistry board;
(14) department of economic security advisory council;
(15) higher education coordinating board;
(16) housing finance agency;
(17) Indian advisory council on chemical dependency;
(18) medical examiners board;
(19) medical policy directional task force on mental health;
(20) metropolitan transit commission or its successor;
(21) Minnesota emergency employment development task force;
(22) Minnesota office of volunteer services advisory
committee;
(23) Minnesota state arts board;
(24) mortuary sciences advisory council;
(25) nursing board;
(26) optometry board;
(27) pharmacy board;
(28) physical therapists council;
(29) podiatry board;
(30) psychology board;
(31) veterans advisory committee.
Sec. 9. [TEMPORARY.]
If a group listed in section 8, subdivision 2, does not
have a member who meets the qualifications in section 8,
subdivision 1, on July 1, 1985, such a member shall be appointed
when a vacancy occurs on or after July 1, 1985. Section 8 does
not require the immediate displacement of current members of the
groups listed in subdivision 2.
Sec. 10. Minnesota Statutes 1982, section 125.031, is
amended to read:
125.031 [LICENSURE, AREA VOCATIONAL-TECHNICAL SCHOOL
INSTRUCTORS TEACHING LESS THAN SIX 61 HOURS A QUARTER FISCAL
YEAR.]
Notwithstanding section 125.03, subdivision 1, a person who
teaches in an adult extension vocational-technical education
program not more than six 61 hours per quarter fiscal year is
exempt from a license requirement.
Sec. 11. Minnesota Statutes 1983 Supplement, section
135A.03, subdivision 1, is amended to read:
Subdivision 1. [DETERMINATION OF APPROPRIATION.] The
appropriation to each board for instructional services shall
equal the total cost of instruction minus the estimated tuition
revenue. For the 1985-1987 biennium the estimated tuition
revenue should be approximately 33 percent of instructional cost
for the University of Minnesota, the state university system and
the community college system, and 25 percent for the area
vocational-technical institutes.
Sec. 12. Minnesota Statutes 1983 Supplement, section
135A.03, subdivision 3, is amended to read:
Subd. 3. [DETERMINATION OF STUDENT ENROLLMENT.] Student
enrollment shall be the full-year equivalent or average daily
membership enrollment in each instructional category in the
fiscal year two years before the fiscal year for which the
appropriations are being made. Student enrollment for the
purpose of calculating appropriations for the second year of the
biennium may be estimated on the basis of the fall enrollment
latest enrollment data available. Student enrollment shall
exclude include students enrolled during a summer session,
except when the instructional program is provided during the
entire calendar year in courses that award credit or otherwise
satisfy any of the requirements of an academic or vocational
program.
Sec. 13. Minnesota Statutes 1983 Supplement, section
135A.03, subdivision 4, is amended to read:
Subd. 4. [DETERMINATION OF AVERAGE COST OF INSTRUCTION.]
(a) The average cost of instruction shall include direct
instructional costs and other costs necessary to provide
instruction, such as fees, facilities, administration, and
support. The average cost of instruction shall not include
summer session costs, except when the instructional program is
provided during the entire calendar year only those costs
attributable to academic or vocational programs.
(b) Every biennium each board shall submit by December 1,
1983, its the average cost of instruction for each instructional
category for the 1984 fiscal year. Annually thereafter by
December 1, each board shall submit the average cost of
instruction for each instructional category as necessary to
determine appropriations. The information shall be submitted to
the commissioner of finance as part of their biennial budget
request.
Sec. 14. Minnesota Statutes 1982, section 136.11,
subdivision 2, is amended to read:
Subd. 2. [FEES CHARGEABLE.] In addition thereto student
activity fees shall be charged at the state universities not to
exceed $15 per quarter, and in the model schools, not to exceed
$5 per quarter. The state university board may also prescribe
fees to be charged students for student unions, university
activities, functions, and purposes. All fees received are
appropriated to the board for the purposes for which they are
charged.
Sec. 15. Minnesota Statutes 1982, section 136.11,
subdivision 7, is amended to read:
Subd. 7. [STUDENT HEALTH SERVICE.] The state university
board shall establish a offer health service services for
students at each state university for its students and. The
health services may be offered either on campus or in the
community nearby. The Board may charge each student a health
service fee in an amount not exceeding $75 per year. The
proceeds of the fee shall be used to maintain the health service
and equip and construct facilities for it. Proceeds of the fee
may be used to contract for health, medical and hospitalization
insurance for the students. The proceeds of the fees shall be
deposited in the university activity fund and are annually
appropriated to the state university board for the purposes of
this subdivision.
Sec. 16. Minnesota Statutes 1983 Supplement, section
136.144, is amended to read:
136.144 [PROMOTION OF UNIVERSITY; ACCEPTANCE OF GIFTS.]
The board may receive and accept on behalf of the state and
for the state universities any gift, bequest, devise, endowment,
or grant in the form of cash which any person, firm,
corporation, association, or governmental agency may make to the
board by will, deed, gift, or otherwise to carry out the
purposes of section 136.143. Unless otherwise so expressed in
the terms of the gift, bequest, devise, endowment, or grant,
moneys so received are not subject to the laws requiring
budgeting, allotment, and encumbrance as provided in chapter
16A, or otherwise. These moneys shall be deposited in the state
treasury and are appropriated to the board for use according to
this section. These moneys shall not be taken into account in
determining appropriations or allocations.
Sec. 17. [136.26] [STATE UNIVERSITY VENDING CONTRACTS.]
Notwithstanding any other law to the contrary, the state
university system will award contracts for vending machine
services to the vendor who offers the highest commission rate to
a state university, all other factors being substantially equal.
Sec. 18. Minnesota Statutes 1982, section 136.506, is
amended to read:
136.506 [FUNDS, TREASURER'S DUTIES AUTHORITY OF BOARD.]
The state treasurer university board is appointed custodian
of all funds received from the federal government under sections
136.501 to 136.507 and is charged with the duty and
responsibility of receiving and providing for the proper custody
and proper disbursement of money paid to the state and the
appropriations made for such purpose.
Sec. 19. Minnesota Statutes 1982, section 136.55,
subdivision 2, is amended to read:
Subd. 2. All amounts so allocated shall be deposited in an
annuity account which is hereby established in the state
treasury by the state university board. There is annually
appropriated from the annuity account in the state treasury to
the state university board all moneys deposited therein for the
Payment of annuity premiums shall be made when due or for other
application in accordance with the salary agreement entered into
between the employee and the state university board. The moneys
in the annuity account in the state treasury are not subject to
the budget, allotment, and incumbrance system provided for in
chapter 16A, and any act amendatory thereof.
Sec. 20. Minnesota Statutes 1982, section 136A.02,
subdivision 1a, is amended to read:
Subd. 1a. The term of each board member shall be six
years. The membership terms of membership, compensation,
removal of members, and filling of vacancies on the board shall
be as provided in section 15.0575.
Sec. 21. Minnesota Statutes 1983 Supplement, section
136A.121, subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY FOR GRANTS-IN-AID.] An applicant
shall be eligible to be considered for a grant-in-aid,
regardless of the applicant's sex, creed, race, color, national
origin, or ancestry, under the provisions of sections 136A.09 to
136A.131 if the board finds that applicant:
(1) is a resident of the state of Minnesota;
(2) is a graduate of a secondary school or its equivalent,
or is 17 years of age or over, and has met all requirements for
admission as a full-time student to an eligible college or
vocational school of his choice as defined in sections 136A.09
to 136A.131 or has completed at least one academic year of study
at a two-year institution and seeks transfer to a four-year
eligible institution;
(3) has met such criteria pertaining to financial need as
the board shall make by regulation.
Sec. 22. Minnesota Statutes 1983 Supplement, section
136A.26, is amended to read:
136A.26 [MEMBERSHIPS; OFFICERS; COMPENSATION; REMOVAL.]
Subdivision 1. [MEMBERSHIP.] The Minnesota higher
education facilities authority shall consist of six eight
members appointed by the governor with the advice and consent of
the senate, and the executive director of the Minnesota higher
education coordinating board. The executive director of the
coordinating board may designate a member of the director's
staff to sit in the director's place as a member of the
authority.
All members to be appointed by the governor shall be
residents of the state. At least two members must reside
outside the metropolitan area as defined in section 473.121,
subdivision 2. At least one of the members shall be a person
having a favorable reputation for skill, knowledge, and
experience in the field of state and municipal finance; and at
least one shall be a person having a favorable reputation for
skill, knowledge, and experience in the building construction
field; and at least one of the members shall be a trustee,
director, officer, or employee of an institution of higher
education.
Subd. 1a. [PRIVATE COLLEGE COUNCIL MEMBER.] The chief
executive officer of the Minnesota private college council shall
serve, without compensation, as an advisory, nonvoting member of
the authority.
Subd. 2. [TERM; COMPENSATION; REMOVAL.] The membership
terms, compensation, removal of members, and filling of
vacancies for authority members other than the executive
director of the higher education coordinating board or the
director's designee, and the chief executive officer of the
private college council, shall be as provided in section 15.0575.
Sec. 23. Minnesota Statutes 1982, section 136A.32,
subdivision 7, is amended to read:
Subd. 7. The authority may invest any bond proceeds,
sinking funds or reserves in any general obligation of the
United States, the state of Minnesota or any of its
municipalities and in securities issued by the following
agencies of the United States: Federal Home Loan Banks, Federal
Intermediate Credit Banks, Federal Land Banks, Federal National
Mortgage Association, Government National Mortgage Association,
and Banks for Cooperatives securities authorized for investment
of debt service funds of municipalities pursuant to section
475.66, subdivision 3, including securities described in section
475.67, subdivision 8. In addition, such bond proceeds, sinking
funds and reserves may be
(1) deposited in time deposits of any state or national
bank subject to the limitations and requirements of chapter 118,
or
(2) invested in repurchase agreements with, providing for
the repurchase of securities described in the preceding sentence
by, a bank qualified as a depository of money of the authority,
a national or state bank in the United States that is a member
of the federal reserve system and whose combined capital and
surplus equals or exceeds $10,000,000, or a reporting dealer to
the federal reserve bank of New York. Power to make any such
investment or deposit is subject to the provisions of any
applicable covenant or restriction in a resolution or trust
agreement of the authority.
Sec. 24. Minnesota Statutes 1982, section 136A.81,
subdivision 1, is amended to read:
Subdivision 1. [FEES AND TUITION.] Except for an
administration fee of $6 a credit hour, to be collected only
when a course is taken for credit, a senior citizen who is a
legal resident of Minnesota is entitled without payment of
tuition or activity fees to attend courses offered for credit,
audit any courses offered for credit, or enroll in any noncredit
adult vocational education courses in any state supported
institution of higher education in Minnesota when space is
available after all tuition-paying students have been
accommodated. For the purposes of sections 136A.80 and 136A.81,
the term "noncredit adult vocational education courses" shall
not include those adult vocational education courses designed
and offered specifically and exclusively for senior citizens.
The provisions of section 136A.80 and 136A.81 do not apply
to noncredit courses designed and offered by the University of
Minnesota, the state university system, the community college
system, and the area vocational-technical institutes
specifically and exclusively for senior citizens. Senior
citizens enrolled under the provisions of sections 136A.80 and
136A.81 shall not be included by such institutions in their
computation of full time equivalent students when requesting
staff or appropriations. The enrollee shall pay laboratory or
material fees.
Sec. 25. Minnesota Statutes 1982, section 169.966,
subdivision 1a, is amended to read:
Subd. 1a. The state university board may establish rents,
charges or fees in an amount not to exceed $1 per vehicle per
day for the use of parking facilities owned, leased, occupied,
or operated by the state university board. The money collected
by the board as rents, charges or fees in accordance with this
subdivision shall be deposited in the university activity fund
and is annually appropriated to the state university board for
state university purposes and to maintain and operate parking
lots and parking facilities.
Sec. 26. Minnesota Statutes 1982, section 169.966, is
amended by adding a subdivision to read:
Subd. 8. [DELEGATION.] The state university board may
delegate its responsibilities under this section to a state
university president. Actions of the president shall be
presumed to be those of the board. The university president
shall file with the board president the results of any public
hearings and the subsequent adoption of any proposed rule,
regulation, or ordinance enacted pursuant thereto.
Sec. 27. [FUND TRANSFER AUTHORIZATION.]
Subdivision 1. [INDEPENDENT SCHOOL DISTRICT NO. 573.]
Notwithstanding any law to the contrary, by June 30, 1984,
Independent School District No. 573, Hinckley, may permanently
transfer up to $900,000 from its general fund to its capital
expenditure fund to provide partial funding for energy
conservation, computer and other technological expansion, for
facilities for a computer networking system, and to remodel and
construct an addition to the elementary school.
Subd. 2. [LOCAL APPROVAL.] Subdivision 1 is effective the
day after compliance by the school board of Independent School
District No. 573 with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 28. [FUND TRANSFER AUTHORIZATION.]
Subdivision 1. [INDEPENDENT SCHOOL DISTRICT NO. 4.]
Notwithstanding any law to the contrary, for the school year
1984-1985 Independent School District No. 4, McGregor, may
permanently transfer an amount not to exceed $800,000 from the
general fund to the capital expenditure fund for the purpose of
fire safety and energy conservation expenditures and school
building betterment.
Subd. 2. [NO LOCAL APPROVAL.] Pursuant to section 645.023,
subdivision 1, clause (a), subdivision 1 is effective without
local approval the day following final enactment.
Sec. 29. [EFFECTIVE DATE; APPLICATION.]
This article is effective the day following final enactment.
Section 20 applies to members of the higher education
coordinating board appointed following enactment of this act.
Sec. 30. [REPEALER.]
Minnesota Statutes 1982, sections 136.11, subdivision 6;
and 136A.133, are repealed.
ARTICLE 5
HEALTH AND HUMAN SERVICES
Section 1. COMMISSIONER OF
PUBLIC WELFARE
The commissioner of public welfare
shall phase in a change in departmental
designation from "welfare" to "human
services." To the extent possible, the
commissioner shall exhaust existing
forms and supplies and otherwise
minimize the cost and disruption of the
change.
The state share of money received under
the state and local fiscal assistance
act, known as the general revenue
sharing program, shall be deposited in
the medical assistance account and the
state appropriation shall be reduced by
a like amount.
(a) Implementation of Changes to the
Long-Term Care Reimbursement System 64,000
(b) Nursing Home Audits 70,000
The appropriations listed in (a) and
(b) are added to the appropriation in
Laws 1983, chapter 312, article 1,
section 2, subdivisions 1 and 3.
(c) Title XX correction 1,666,000
For the purpose of distribution to
counties named in this clause as their
final portion of title XX money for
federal fiscal years 1980, 1981, and
1982. Notwithstanding the provisions
of section 256E.07, these moneys shall
be allocated by the commissioner as
follows:
Aitkin $ 24,297
Carlton 13,048
Carver 15,378
Clearwater 17,026
Cook 3,989
Hennepin 859,760
Kanabec 6,936
Kittson 2,484
Koochiching 12,880
Lake 916
LeSueur 703
Mahnomen 1,726
Pine 25,647
Pope 2,213
Ramsey 374,137
Red Lake 1,993
St. Louis 300,775
Wright 2,345
Acceptance by a county of the amount
specified in this clause constitutes an
agreement that, for federal fiscal
years 1980, 1981, and 1982, full and
final payment of title XX money has
been received of the state.
(d) Child Day Care Sliding Fee 1,500,000
(e) Hearing Impaired Telecommunications 50,000
The appropriations listed in (c), (d),
and (e) are added to the appropriation
in Laws 1983, chapter 312, article 1,
section 2, subdivisions 1 and 4.
(f) Medical Assistance
Demonstration Projects 589,000
$49,000 of this sum shall be used to
fund two staff positions, only one of
which is to be classified, and the
related administrative support costs to
administer the Medicaid Prepayment
Demonstration Project and the Social
HMO Project, authorized by Minnesota
Statutes, sections 256B.69 and 256B.71.
Notwithstanding Minnesota Statutes 1983
Supplement, section 256B.69,
subdivision 3, the demonstration
project geographic areas may include
one urban, one suburban, and at least
one rural county or some combination of
suburban and rural counties.
$270,000 of this sum shall be used to
make grants to counties for
administrative expenses incurred by
counties participating in the
demonstration projects.
$270,000 of this sum is available only
with the approval of the governor after
consultation with the legislative
advisory commission contingent on a
finding by the commissioner of public
welfare that the additional
administrative costs are in fact being
incurred by the participating counties.
(g) The temporary rules required to
implement section 256B.501, subdivision
3, shall not be deemed invalid because
of the commissioner's failure to
promulgate them by October 1, 1983.
(h) General Assistance 7,741,000
(i) Fiscal Analysis Services 97,000
(j) Implementation of Health Care
Policies 70,000
This appropriation shall be reduced if
federal administrative reimbursement
received is less than $35,000.
Any unexpended balance remaining in the
appropriation authorized by Laws 1983,
chapter 199, section 20, does not
cancel but is available for the second
year of the biennium.
(k) Chronically Ill Children Waiver 35,000
(l) Community-based Services for
Disabled Persons under Age 65 18,000
The appropriations in (f), (h), (i),
(j), (k), and (l) are added to the
appropriation in Laws 1983, chapter
312, article 1, section 2, subdivisions
1 and 5.
(m) American Indian Chemical
Dependency Services 200,000
(n) Lakeside Chemical Dependency Center 250,000
Notwithstanding Laws 1983, chapter 312,
article 1, section 2, subdivision 6, or
any other law to the contrary, the
commissioner of welfare shall augment
the program with federal money and any
additional money provided through
shared service agreements, pursuant to
Minnesota Statutes, section 246.57,
after the amount of the state
appropriation has been recovered and
deposited in the general fund. General
fund expenditures shall not exceed the
amount of service charges recovered.
Program expenditures in excess of
recoveries shall be funded with money
received under the federal alcohol,
drug abuse, and mental health block
grant.
The commissioner shall maintain records
of the operations of this project,
evaluate the efficiency and
effectiveness of the treatment program,
and report back to the legislature
during the 1985 session on the amount
deposited to the general fund from the
shared service agreements and the
necessity and viability of operating
this project in the future.
(o) Mash-Ka-Wisen Treatment Facility 200,000
(p) Facilities for Adult Mentally Ill 2,217,000
This appropriation is for grants to
counties to upgrade residential
facilities serving adult mentally ill
persons as authorized by Minnesota
Statutes, section 245.73.
(q) Study of Services for Mentally Ill
Persons 56,700
By January 1985 the commissioner of
public welfare shall report to the
legislature on each county's available
services for the mentally ill. This
report shall include a description of
each service, the number of clients
served, the cost of services, and
whether purchased or provided directly
by the county.
Additionally, this report shall include
these provisions, developed in
consultation with counties, mental
health service providers, mental health
advocacy groups, and other appropriate
professionals as follows:
(1) a description and definition of
services for mentally ill persons which
comprise a comprehensive array of
preventive, supportive and
rehabilitative services, including
residential arrangements;
(2) recommendations specifying a
minimum capability which should be made
available by counties for mentally ill
persons; and
(3) specific recommendations designed
to improve the quality of and access to
services provided by the counties for
mentally ill persons, including the
administrative and program costs of
each recommendation.
These recommendations shall be
developed within the framework of
Minnesota Statutes, chapter 256E.
The appropriations in (m), (n), (o),
(p), and (q) are added to the
appropriation in Laws 1983, chapter
312, article 1, section 2, subdivisions
1 and 6.
(r) The commissioner of welfare may add:
eight positions to the support services
complement for rulemaking purposes and
for long-term care rates determination;
one position to the social services
complement for adult services; and one
position to the income maintenance
complement for administering
community-based waivered services for
chronically ill children. The
commissioner may also transfer the
necessary funds from supplies and
expense and other nonsalary resources
to finance these positions.
(s) Any federal money received in
excess of the estimates shown in the
1983 department of public welfare
budget document shall, unless otherwise
prohibited by federal law, be used to
directly reduce state appropriations
for the same or similar purposes,
unless otherwise directed by the
governor, after he has consulted with
the legislative advisory commission.
(t) Intermediate Care Facility Bed Reduction
Study 45,000
The commissioner of public welfare
shall study alternatives for the
development of a statewide facility bed
reduction plan for intermediate care
facilities for the mentally retarded.
In this study, the commissioner shall
consider mechanisms for encouraging
facilities to voluntarily decertify
beds and for enabling facilities to
provide alternative or waivered
services for residents affected by the
reduction.
In addition, the commissioner shall:
(a) propose relocation plans for
affected residents;
(b) analyze the effect on facility per
diem rates that may result from any bed
reductions;
(c) examine financing alternatives
designed to facilitate reductions in
bed capacity or conversions to waivered
services.
This study shall be presented to the
legislature by January 1, 1985.
Sec. 2. COMMISSIONER OF
ECONOMIC SECURITY
(a) Jobs Program 30,000,000
Any unexpended balance remaining in the
first year does not cancel and shall be
available for the second year.
This appropriation is added to the
appropriation in Laws 1983, chapter
312, article 1, section 3, subdivisions
1 and 2.
None of this appropriation may be
encumbered after May 31, 1985.
Any unexpended and unencumbered balance
cancels December 31, 1985. To the
extent permissible under federal and
state law, the commissioner shall use
money from the federal government and
the private sector to fund the program.
(b) Minnesota Emergency Employment
Development - Special Allowances 4,394,000 15,436,000
This appropriation is added to the
appropriation in Laws 1983, chapter
312, article 1, section 3, subdivisions
1 and 3.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available.
(c) Vocational Rehabilitation Services
For Injured Workers 128,600
This appropriation is to provide
funding for three positions. The
commissioner of economic security may
add six additional positions for
vocational rehabilitation services and
transfer the necessary funding for
these positions from the basic client
services activity to the workers'
compensation activity. This
appropriation is added to the
appropriation in Laws 1983, chapter
312, article 1, section 3, subdivisions
1 and 5.
(d) Temporary Housing Demonstration Program 250,000
Sec. 3. COMMISSIONER OF CORRECTIONS
(a) County Probation Services 137,700
This appropriation is added to the
appropriation in Laws 1983, chapter
312, article 1, section 4, subdivisions
1 and 4.
(b) Crime Victim Centers 15,000
This appropriation is added to the
appropriation in Laws 1983, chapter
312, article 1, section 4, subdivision
4.
(c) $20,000 of the appropriation for
Victims of Sexual Assault, Laws 1983,
chapter 312, article I, section 4,
subdivision 4, for fiscal year 1984,
does not cancel but is available until
June 30, 1985.
Sec. 4. COMMISSIONER OF HEALTH
(a) Epidemiologic Feasibility Study 93,000
This appropriation is added to the
appropriation in Laws 1983, chapter
312, article 1, section 7, subdivisions
1 and 2, to determine the feasibility
of full scale epidemiologic studies
related to health effects of
contaminated drinking water in New
Brighton and St. Louis Park. To the
extent possible, the commissioner of
health shall contract for services with
the University of Minnesota when
performing the feasibility study. 2.2
positions are authorized as temporary
personnel.
(b) Health Manpower Credentialing 100,000
This appropriation is added to the
appropriation in Laws 1983, chapter
312, article 1, section 7, subdivisions
1 and 3.
Sec. 5. STATE PLANNING AGENCY
State Hospital Plan 50,000 200,000
The director of the state planning
agency may increase the approved
complement by two positions. Any
unexpended balance remaining the first
year does not cancel and shall be
available for the second year.
Sec. 6. CONTINGENT FOR STATE INSTITUTIONS
Cancellation of Contingent Account (500,000)
The appropriation in Laws 1983, chapter
312, article 1, section 9 is cancelled.
Sec. 7. Minnesota Statutes 1983 Supplement, section
116J.70, subdivision 2a, is amended to read:
Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or
"license" does not include the following:
(1) Any occupational license issued by a licensing board
listed in section 214.01 or any occupational registration issued
by the commissioner of health pursuant to section 214.13;
(2) Any license issued by a county, home rule charter city,
statutory city, township or other political subdivision;
(3) Any license required to practice the following
occupation regulated by the following sections:
(a) Abstracters regulated pursuant to chapter 386;
(b) Accountants regulated pursuant to chapter 326;
(c) Adjusters regulated pursuant to chapter 72B;
(d) Architects regulated pursuant to chapter 326;
(e) Assessors regulated pursuant to chapter 270;
(f) Attorneys regulated pursuant to chapter 481;
(g) Auctioneers regulated pursuant to chapter 330;
(h) Barbers regulated pursuant to chapter 154;
(i) Beauticians regulated pursuant to chapter 155;
(j) Boiler operators regulated pursuant to chapter 183;
(k) Chiropractors regulated pursuant to chapter 148;
(l) Collection agencies regulated pursuant to chapter 332;
(m) Cosmetologists regulated pursuant to chapter 155;
(n) Dentists and dental hygienists regulated pursuant to
chapter 150A;
(o) Detectives regulated pursuant to chapter 326;
(p) Electricians regulated pursuant to chapter 326;
(q) Embalmers regulated pursuant to chapter 149;
(r) Engineers regulated pursuant to chapter 326;
(s) Insurance brokers and salespersons regulated pursuant
to chapter 60A;
(t) Midwives regulated pursuant to chapter 148;
(u) Morticians regulated pursuant to chapter 149;
(v) Nursing home administrators regulated pursuant to
chapter 144A;
(w) Optometrists regulated pursuant to chapter 148;
(x) Osteopathic physicians regulated pursuant to chapter
147;
(y) Pharmacists regulated pursuant to chapter 151;
(z) Physical therapists regulated pursuant to chapter 148;
(aa) Physicians and surgeons regulated pursuant to chapter
147;
(bb) Plumbers regulated pursuant to chapter 326;
(cc) Podiatrists regulated pursuant to chapter 153;
(dd) Practical nurses regulated pursuant to chapter 148;
(ee) Professional fundraisers regulated pursuant to chapter
309;
(ff) Psychologists regulated pursuant to chapter 148;
(gg) Real estate brokers, salespersons and others regulated
pursuant to chapters 82 and 83;
(hh) Registered nurses regulated pursuant to chapter 148;
(ii) Securities brokers, dealers, agents and investment
advisers regulated pursuant to chapter 80A;
(jj) Steamfitters regulated pursuant to chapter 326;
(kk) Teachers and supervisory and support personnel
regulated pursuant to chapter 125;
(ll) Veterinarians regulated pursuant to chapter 156;
(mm) Watchmakers regulated pursuant to chapter 326;
(nn) Water conditioning contractors and installers
regulated pursuant to chapter 326;
(oo) Water well contractors regulated pursuant to chapter
156A;
(pp) Water and waste treatment operators regulated pursuant
to chapter 115;
(qq) Motor carriers regulated pursuant to chapter 221;
(4) Any driver's license required pursuant to chapter 171;
(5) Any aircraft license required pursuant to chapter 360;
(6) Any watercraft license required pursuant to chapter 361;
(7) Any license, permit, registration, certification, or
other approval pertaining to a regulatory or management program
related to the protection, conservation, or use of or
interference with the resources of land, air or water, which is
required to be obtained from a state agency or instrumentality;
and
(8) Any pollution control rule or standard established by
the pollution control agency or any health rule or standard
established by the commissioner of health or any licensing rule
or standard established by the commissioner of public welfare.
Sec. 8. Minnesota Statutes 1983 Supplement, section
144.651, subdivision 9, is amended to read:
Subd. 9. [INFORMATION ABOUT TREATMENT.] Patients and
residents shall be given by their physicians complete and
current information concerning their diagnosis, treatment,
alternatives, risks, and prognosis as required by the
physician's legal duty to disclose. This information shall be
in terms and language the patients or residents can reasonably
be expected to understand. Patients and residents may be
accompanied by a family member or other chosen representative.
This information shall include the likely medical or major
psychological results of the treatment and its alternatives. In
cases where it is medically inadvisable, as documented by the
attending physician in a patient's or resident's medical record,
the information shall be given to the patient's or resident's
guardian or other person designated by the patient or resident
as his or her representative. Individuals have the right to
refuse this information.
Every patient or resident suffering from any form of breast
cancer shall be fully informed, prior to or at the time of
admission and during her stay, of all alternative effective
methods of treatment of which the treating physician is
knowledgeable, including surgical, radiological, or
chemotherapeutic treatments or combinations of treatments and
the risks associated with each of those methods.
Sec. 9. Minnesota Statutes 1982, section 214.001,
subdivision 2, is amended to read:
Subd. 2. [CRITERIA FOR REGULATION.] The legislature
declares that no regulation shall hereafter be imposed upon any
occupation unless required for the safety and well being of the
citizens of the state. In evaluating whether an occupation
shall hereafter be regulated, the following factors shall be
considered:
(a) Whether the unregulated practice of an occupation may
harm or endanger the health, safety and welfare of citizens of
the state and whether the potential for harm is recognizable and
not remote;
(b) Whether the practice of an occupation requires
specialized skill or training and whether the public needs and
will benefit by assurances of initial and continuing
occupational ability; and
(c) Whether the citizens of this state are or may be
effectively protected by other means; and
(d) Whether the overall cost effectiveness and economic
impact would be positive for citizens of the state.
Sec. 10. Minnesota Statutes 1983 Supplement, 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 commissioner
of health or 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, as provided in section 16A.128.
For members of an occupation registered after July 1, 1984 by
the commissioner of health under the provisions of section
214.13, the fee established must include an amount necessary to
recover, over a five year period, the commissioner's direct
expenditures for adoption of the rules providing for
registration of members of the occupation. All fees received
shall be deposited with the state treasurer and credited to the
general fund.
Sec. 11. Minnesota Statutes 1982, section 214.13,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION FOR CREDENTIAL.] The
commissioner of health shall promote the recognition of human
services occupations useful in the effective delivery of human
services. The commissioner shall coordinate the development of
a credentials policy among the health related licensing boards
consistent with section 214.001. The commissioner shall,
consistent with section 214.001, establish procedures for the
identification of human services occupations not now
credentialed by the state, recommend appropriate regulatory
modes, and promulgate by rule standards and procedures relating
to the credentialing of persons practicing in the affected
occupations. At the time of submission of a letter of intent to
enter the credentialing process, an occupational applicant group
shall pay a fee of $1,000 to the commissioner. The fee is
nonrefundable and must be deposited with the state treasurer and
credited to the general fund. The commissioner may require an
occupational applicant group to submit information relating to,
and to recommend and justify regulatory modes and standards
consistent with, the provisions of section 214.001. If the
commissioner determines that credentialing of an occupation is
appropriate, the commissioner is empowered only to register the
occupation. Before promulgating any rules resulting in
registration for an occupation the commissioner shall consult
with state boards or agencies charged with regulating similar
occupations in order to define the scope and range of practice
for the registered occupation and the degree of supervision
required. As used in this section and section 214.14,
registration shall be is defined as in section 214.001,
subdivision 3, clause (c).
Sec. 12. Minnesota Statutes 1982, section 214.13,
subdivision 2, is amended to read:
Subd. 2. [OTHER AGENCY'S COMMENT.] Before promulgating any
rules regulating a specific occupation under this section, the
commissioner shall determine whether a substantial number of
persons in that occupation will be employed by an employer who
is regulated by or funded through another state agency. If the
commissioner so determines, then he must submit the proposed
rules to the head or governing board of that agency for review
and approval comment. The agency shall review the rules to
insure compliance with laws which are administered or enforced
by that agency. The rules must have received the approval of
that agency before promulgation Agency comment shall be
forwarded to the commissioner within 90 days of receiving the
proposed rules. After receipt of agency comment, the
commissioner may proceed to promulgate the rules.
Sec. 13. Minnesota Statutes 1982, section 214.13,
subdivision 3, is amended to read:
Subd. 3. [RULES; EFFECT; REPORT.] Rules promulgated by the
commissioner pursuant to subdivision 1 may include procedures
and standards relating to the registration requirement, the
scope of authorized practice, fees, supervision required,
continuing education, career progression and disciplinary
matters. These rules shall not be in conflict with provisions
of chapter 214 and Laws 1976, Chapter 222, Sections 1 to 7.
Notwithstanding any law to the contrary, persons registered
under the authority of the rules promulgated by the commissioner
shall not, for a period of four years after the effective date
of the rules, be subject to any action by a health related
licensing board for violation of the board's laws or rules
provided the person's practice or conduct is recognized by the
rules promulgated by the commissioner. Three years after the
effective date of the commissioner's rules, the commissioner
shall make a report to the legislature on the usefulness of the
new occupational group, any problems encountered in
administering the regulation of the group, and any necessary
statutory changes recommended to continue, discontinue, or
modify the regulation of the group.
Sec. 14. Minnesota Statutes 1983 Supplement, section
214.13, subdivision 4, is amended to read:
Subd. 4. The commissioner of health shall wherever
possible delegate the administration of regulation activities to
a health related licensing board with the concurrence of that
board. If the commissioner of health delegates this function,
the licensing board shall may regularly bill the commissioner of
health for the cost of performing this function the licensing
board may directly set and charge fees in accordance with the
provisions of section 214.06. The commissioner of health may
establish an advisory task force council to advise him or the
appropriate health related licensing board on matters relating
to the registration and regulation of an occupation. A task
force council shall have seven members appointed by the
commissioner of which five are members of the registered
occupation or related registered or licensed occupations, and
two are public members. A task force council shall expire, and
the terms, compensation and removal of members shall be as
provided in section 15.059.
Sec. 15. Minnesota Statutes 1982, section 214.13,
subdivision 5, is amended to read:
Subd. 5. [RECOMMENDATION ON REGULATION; APPLICATION
RENEWAL.] The commissioner of health shall exercise care to
prevent the proliferation of unessential registered human
services occupations. If in evaluating a currently unregistered
occupation the commissioner determines that registration of the
occupation is not appropriate, but that implementation of
another mode as set forth in section 214.001, subdivision 3, is
appropriate the commissioner shall promptly so report to the
legislature. For a period of two years after a determination by
the commissioner as to the appropriate regulatory mode, if any,
for an occupational applicant group, the same or substantially
equivalent group may not submit a letter of intent to enter the
credentialing process, unless invited to do so by the
commissioner.
Sec. 16. [214.141] [ADVISORY COUNCIL; MEMBERSHIP.]
There is established a human services occupations advisory
council to assist the commissioner of health in formulating
policies and rules pursuant to section 214.13. The commissioner
shall determine the council's duties and shall establish
procedures for its proper functioning, including, but not
limited to, methods for selecting temporary members and methods
of communicating recommendations and advice to the commissioner
for his consideration. The council shall consist of no more
than 15 members. Thirteen members shall be appointed by the
commissioner, one of whom the commissioner shall designate as
chairman. The members shall be selected as follows: four
members shall represent currently licensed or registered human
services occupations; two members shall represent human services
occupations which are not currently registered; two members
shall represent licensed health care facilities, which can
include a health maintenance organization as defined in section
62D.02; one member shall represent the higher education
coordinating board; one member shall represent the state
planning agency; one member shall represent a third party payor
to health care costs; and two members shall be public members as
defined by section 214.02.
In cases in which the council has been charged by the
commissioner to evaluate an application submitted under the
provisions of section 214.13, the commissioner may appoint to
the council as temporary voting members, for the purpose of
evaluating that application alone, one or two representatives
from among the appropriate licensed or registered human services
occupations or from among the state agencies that have been
identified under section 214.13, subdivision 2. In determining
whether a temporary voting member or members should be appointed
and which human services occupations or state agencies should be
represented by temporary voting members, the commissioner shall
attempt to systematically involve those who would be most
directly affected by a decision to credential a particular
applicant group and who are not already represented on the
council. The terms of temporary voting members shall not exceed
12 months. The terms of the other council members, and the
compensation and removal of all members, shall be as provided in
section 15.059.
Sec. 17. Minnesota Statutes 1982, section 241.66,
subdivision 2, is amended to read:
Subd. 2. [MANDATORY DATA COLLECTION.] Every hospital
licensed pursuant to sections 144.50 to 144.58, every physician
licensed to practice in this state, every public health nurse,
every social services agency, every community health agency, and
Every local law enforcement agency shall collect data related to
battered women in the form required by rule of the
commissioner. The data shall be collected and transmitted to
the commissioner at such times as he shall, by rule, require.
Sec. 18. Minnesota Statutes 1982, section 245.811, is
amended to read:
245.811 [FEES.]
Subdivision 1. [COMMISSIONER'S AUTHORITY.] The
commissioner may charge a reasonable fee for the issuance or
renewal of a license except that no fee may be charged to a day
care or residential facility for the mentally retarded for a
family foster care or family day care home license. In no event
shall the fee exceed $150. Fees may be waived at the discretion
of the commissioner.
Subd. 2. [RULES.] The commissioner may adopt reasonable
rules and regulations pursuant to chapter 14 as may be necessary
to carry into effect the provisions of subdivision 1.
Sec. 19. [246.023] [INTERAGENCY BOARD.]
Subdivision 1. [LEGISLATIVE POLICY.] It is recognized that
closure and consolidation of state hospitals have negative
economic effects upon public employees and communities. It is
the policy of the state that deinstitutionalization policies
shall be carried out in a manner that ensures fair and equitable
arrangements to protect the interests of employees and
communities affected by deinstitutionalization of state
hospitals.
Subd. 2. [INTERAGENCY BOARD.] There is established an
interagency board to be known as the institutional care and
economic impact planning board. The board shall consist of the
following members: the commissioners of public welfare,
administration, employee relations, economic security, energy
and economic development; the director of the state planning
agency; and other appropriate agency heads. The board shall be
directed by the director of the state planning agency with
assistance from the commissioner of public welfare in
consultation with the other agency heads.
Subd. 3. [STUDY.] A comprehensive study shall be conducted
by the interagency board to provide information on topics to
include, but not be limited to, the following:
(1) projected displacement of state hospital employees
because of deinstitutionalization by number, location, and job
classification;
(2) the extent to which displacement can be mitigated
through attrition, retirement, retraining, and transfer;
(3) the development of cooperative arrangements between the
state and local units of government in the carrying out of these
goals;
(4) the necessary changes in the biennial budget to effect
any fiscal and policy recommendations of the plan;
(5) the necessary interagency agreements among and between
appropriate departments and agencies as needed to effect the
recommendations contained in the plan; and
(6) the energy efficiency of all state hospital buildings.
Notwithstanding the provisions of sections 13.43 and 13.46,
the state planning agency shall, for purposes of the study
required by this subdivision, have access to private personnel
data and private client data as necessary to carry out the
mandates of this act until June 30, 1985.
Subd. 4. [PLAN.] The board shall develop a plan. The plan
shall include proposals which protect the general interests of
employees and communities affected by the deinstitutionalization
of state hospitals, including proposals that attempt to preserve
employment rights and benefits, provide training and retraining
of employees and, to the extent possible, promote the employment
of these employees. In addition, the plan shall propose
specific methods for assuring minimal impact on the economic
life of communities affected by the deinstitutionalization of
state hospitals. The plan shall provide specific direction with
respect to the following:
(1) retention of collective bargaining agreements including
seniority, vacation, health insurance and other contractual
benefits, and pension rights;
(2) maximum utilization of state hospital employees in the
provision of noninstitutional services to the mentally retarded;
(3) negotiated agreements with exclusive representatives
addressing job security issues, where deinstitutionalization
causes displacement of employees;
(4) development of noninstitutional, state-operated or
nonstate-operated services for the mentally retarded, including
community-based intermediate care facilities for the mentally
retarded, supported living arrangements, semi-independent living
arrangements, day activity services, and other services;
(5) methods for ensuring that staff displaced by
termination of programs at state hospitals are utilized to
provide needed services within the continuum of care for
individuals;
(6) alternative use of state hospital facilities made
available by program closures;
(7) community retraining options for displaced personnel;
(8) methods for involving the following groups in the
planning process: parents and guardians of hospital residents,
community business and economic leaders, advocates, community
providers, units of local government, and affected exclusive
representatives; and
(9) preparation of an economic impact statement and
alternative economic development strategies for each state
hospital region likely to be affected by program reductions in
the regional state facility.
Subd. 5. [REPORT; IMPLEMENTATION.] The interagency board
shall complete both the study required under subdivision 3 and
the plan required under subdivision 4, on or before January 31,
1985, and shall present them to the legislative commission on
long-term health care before February 1, 1985. Board members
shall, to the extent possible, propose legislation for program
implementation based upon the plan including, if appropriate,
pilot demonstration projects.
Sec. 20. [LEGISLATIVE COMMISSION ON LONG-TERM CARE.]
The legislative commission on long-term health care
authorized by Laws 1983, chapter 199, section 17, shall:
(1) monitor the deinstitutionalization of state hospitals
in accord with the plan developed pursuant to section 19;
(2) study the impact of state hospital
deinstitutionalization on affected communities;
(3) ensure that displaced state hospital employees are
provided opportunities for reemployment or retraining; and
(4) evaluate the comparative costs to the state of
institutional and noninstitutional care for mentally retarded
persons.
Sec. 21. Minnesota Statutes 1983 Supplement, section
256.01, subdivision 2, is amended to read:
Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
section 241.021, subdivision 2, the commissioner of public
welfare shall:
(1) Administer and supervise all forms of public assistance
provided for by state law and other welfare activities or
services as are vested in the commissioner.
(2) Administer and supervise all child welfare activities;
promote the enforcement of laws protecting handicapped,
dependent, neglected and delinquent children, and children born
to mothers who were not married to the children's fathers at the
times of the conception nor at the births of the children;
license and supervise child-caring and child-placing agencies
and institutions; supervise the care of children in boarding and
foster homes or in private institutions; and generally perform
all functions relating to the field of child welfare now vested
in the state board of control.
(3) Administer and supervise all noninstitutional service
to handicapped persons. The commissioner may provide and
contract for the care and treatment of qualified indigent
children in facilities other than those located and available at
state hospitals when it is not feasible to provide the service
in state hospitals.
(4) Assist and actively cooperate with other departments,
agencies and institutions, local, state, and federal, by
performing services in conformity with the purposes of Laws
1939, chapter 431.
(5) Act as the agent of and cooperate with the federal
government in matters of mutual concern relative to and in
conformity with the provisions of Laws 1939, chapter 431,
including the administration of any federal funds granted to the
state to aid in the performance of any functions of the
commissioner as specified in Laws 1939, chapter 431, and
including the promulgation of rules making uniformly available
medical care benefits to all recipients of public assistance, at
such times as the federal government increases its participation
in assistance expenditures for medical care to recipients of
public assistance, the cost thereof to be borne in the same
proportion as are grants of aid to said recipients.
(6) Establish and maintain any administrative units
reasonably necessary for the performance of administrative
functions common to all divisions of the department.
(7) Administer and supervise any additional welfare
activities and services as are vested by law in the department.
(8) The commissioner is designated as guardian of both the
estate and the person of all the wards of the state of
Minnesota, whether by operation of law or by an order of court,
without any further act or proceeding whatever, except as to
persons committed as mentally retarded or epileptic.
(9) Act as coordinating referral and informational center
on requests for service for newly arrived immigrants coming to
Minnesota.
(10) The specific enumeration of powers and duties as
hereinabove set forth shall in no way be construed to be a
limitation upon the general transfer of powers herein contained.
(11) Establish county, regional, or state-wide schedules of
maximum fees and charges which may be paid by local agencies for
medical, dental, surgical, hospital, nursing and nursing home
care and medicine and medical supplies under all programs of
medical care provided by the state and for congregate living
care under the income maintenance programs.
(12) Have the authority to conduct and administer
experimental projects to test methods and procedures of
administering assistance and services to recipients or potential
recipients of public welfare. To carry out such experimental
projects, it is further provided that the commissioner of public
welfare is authorized to waive the enforcement of existing
specific statutory program requirements, regulations, and
standards in one or more counties. The order establishing the
waiver shall provide alternative methods and procedures of
administration, shall not be in conflict with the basic
purposes, coverage, or benefits provided by law, and in no event
shall the duration of a project exceed two years. It is further
provided that no order establishing an experimental project as
authorized by the provisions of this section shall become
effective until the following conditions have been met:
(a) The proposed comprehensive plan including estimated
project costs and the proposed order establishing the waiver
shall be filed with the secretary of the senate and chief clerk
of the house of representatives at least 60 days prior to its
effective date.
(b) The secretary of health, education, and welfare of the
United States has agreed, for the same project, to waive state
plan requirements relative to state-wide uniformity.
(c) A comprehensive plan, including estimated project
costs, shall be approved by the legislative advisory commission
and filed with the commissioner of administration.
(13) In accordance with federal requirements establish
procedures to be followed by local welfare boards in creating
citizen advisory committees, including procedures for selection
of committee members.
(14) Allocate federal fiscal disallowances or sanctions
which are based on quality control error rates for the aid to
families with dependent children, medical assistance, or food
stamp program in the following manner:
(a) One-half of the total amount of the disallowance shall
be borne by the county boards responsible for administering the
programs and shall be shared by each county board in the same
proportion as that county's expenditures for the sanctioned
program are to the total of all counties' expenditures for that
program. Each county shall pay its share of the disallowance to
the state of Minnesota. When a county fails to pay the amount
due hereunder, the commissioner may deduct the amount from
reimbursement otherwise due the county, or the attorney general,
upon the request of the commissioner, may institute civil action
to recover the amount due.
(b) Notwithstanding the provisions of paragraph (a), if the
disallowance results from knowing noncompliance by one or more
counties with a specific program instruction, and that knowing
noncompliance is a matter of official county board record, the
commissioner may require payment or recover from the county or
counties, in the manner prescribed in paragraph (a), an amount
equal to the portion of the total disallowance which resulted
from the noncompliance, and may distribute the balance of the
disallowance according to paragraph (a).
(15) Develop and implement special projects that maximize
reimbursements and result in the recovery of money to the
state. For the purpose of recovering state money, the
commissioner may enter into contracts with third parties. Any
recoveries that result from projects or contracts entered into
under this paragraph shall be deposited in the state treasury
and credited to a special account until the balance in the
account reaches $400,000. When the balance in the account
exceeds $400,000, the excess shall be transferred and credited
to the general fund. All money in the account is appropriated
to the commissioner for the purposes of this paragraph.
Sec. 22. Minnesota Statutes 1983 Supplement, section
256.737, is amended to read:
256.737 [COMMUNITY WORK EXPERIENCE PROGRAM.]
In order that persons receiving aid under this chapter may
be assisted in achieving self-sufficiency by enhancing their
employability through meaningful work experience and training
and the development of job search skills, the commissioner of
public welfare may establish continue the pilot community work
experience demonstration programs that were approved by January
1, 1984. No new pilot community work experience demonstration
programs may be established. The commissioner shall: (a)
assist counties in the design, implementation, and evaluation of
these demonstration programs; (b) promulgate, in accordance with
chapter 14, temporary rules necessary for the implementation of
this section, except that the time restrictions of section 14.35
shall not apply and the rules may be in effect until the
termination of the demonstration programs; and (c) seek any
federal waivers necessary for proper implementation of this
section in accordance with federal law. The commissioner shall
prohibit use of participants in the programs to do work that was
part or all of the duties or responsibilities of an authorized
public employee position established as of January 1, 1983. The
exclusive bargaining representative shall be notified no less
than 14 days in advance of any placement by the community work
experience program. Concurrence with respect to job duties of
persons placed under the community work experience program shall
be obtained from the appropriate exclusive bargaining
representative. The appropriate oversight committee shall be
given monthly lists of all job placements under a community work
experience program.
Projects shall end no later than June 30, 1984 1985, and a
preliminary report shall be made to the legislature by February
15, 1984 1985, on the feasibility of permanent implementation
and on the cost effectiveness of each of the demonstration
programs.
Sec. 23. Minnesota Statutes 1982, section 256.851, is
amended to read:
256.851 [RULES.]
The commissioner of public welfare shall promulgate
temporary and permanent rules necessary to implement Laws 1981,
Third Special Session Chapter 3, Sections 1 to 19, and sections
256.72 to 256.871.
Sec. 24. [256B.49] [CHRONICALLY ILL CHILDREN; HOME AND
COMMUNITY-BASED WAIVER STUDY AND APPLICATION.]
Subdivision 1. [STUDY; WAIVER APPLICATION.] The
commissioner shall authorize a study to assess the need for home
and community-based waivers for chronically ill children who
have been and will continue to be hospitalized without a waiver,
and for disabled individuals under the age of 65 who are likely
to reside in an acute care or nursing home facility in the
absence of a waiver. If a need for these waivers can be
demonstrated, the commissioner shall apply for federal waivers
necessary to secure, to the extent allowed by law, federal
participation under United States Code, title 42, sections
1396-1396p, as amended through December 31, 1982, for the
provision of home and community-based services to chronically
ill children who, in the absence of such a waiver, would remain
in an acute care setting, and to disabled individuals under the
age of 65 who, in the absence of a waiver, would reside in an
acute care or nursing home setting. If the need is
demonstrated, the commissioner shall request a waiver under
United States Code, title 42, sections 1396-1396p, to allow
medicaid eligibility for blind or disabled children with
ineligible parents where income deemed from the parents would
cause the applicant to be ineligible for supplemental security
income if the family shared a household and to furnish necessary
services in the home or community to disabled individuals under
the age of 65 who would be eligible for medicaid if
institutionalized in an acute care or nursing home setting.
These waivers are requested to furnish necessary services in the
home and community setting to children or disabled adults under
age 65 who are medicaid eligible when institutionalized in an
acute care or nursing home setting. The commissioner shall
assure that the cost of home and community-based care will not
be more than the cost of care if the eligible child or disabled
adult under age 65 were to remain institutionalized.
Subd. 2. [RULES.] The commissioner of public welfare may
adopt temporary and permanent rules as necessary to implement
subdivision 1.
Sec. 25. Minnesota Statutes 1983 Supplement, section
256B.501, subdivision 10, is amended to read:
Subd. 10. [RULES.] To implement this section, the
commissioner shall promulgate temporary and permanent rules in
accordance with chapter 14. To implement subdivision 3, the
commissioner shall promulgate temporary rules by October 1,
1983, and permanent rules in accordance with sections 14.01 to
14.38. Notwithstanding the provisions of section 14.35, the
temporary rule promulgated to implement subdivision 3 shall be
effective for up to 720 days.
Sec. 26. Minnesota Statutes 1983 Supplement, section
256D.01, subdivision 1, is amended to read:
Subdivision 1. [POLICY; STANDARDS OF ASSISTANCE.] The
objectives of sections 256D.01 to 256D.21 are to provide a sound
administrative structure for public assistance programs; to
maximize the use of federal money for public assistance
purposes; and to provide an integrated public assistance program
for all persons in the state without adequate income or
resources to maintain a subsistence reasonably compatible with
decency and health.
It is declared to be the policy of this state that persons
unable to provide for themselves and not otherwise provided for
by law and who meet the eligibility requirements of sections
256D.01 to 256D.21 are entitled to receive grants of general
assistance necessary to maintain a subsistence reasonably
compatible with decency and health. Providing this assistance
is a matter of public concern and a necessity in promoting the
public health and welfare.
Subd. 1a. [STANDARDS.] A principal objective in providing
general assistance is to provide for persons ineligible for
federal programs who are unable to provide for themselves. To
achieve these aims, the commissioner shall establish minimum
standards of assistance for general assistance. The minimum
standard of assistance determines the total amount of the
general assistance grant without separate standards for shelter,
utilities, or other needs and shall not be less than the
combined total of the minimum standards of assistance for
shelter and basic needs in effect on February 1, 1983. The
standards of assistance shall not be lower for a recipient
sharing a residence with another person unless that person is a
responsible relative of the recipient who is also eligible for
general assistance. The standards shall be lowered for
recipients who share a residence with a responsible relative who
also receives general assistance or who receives AFDC. If the
responsible relative is receiving AFDC, then the amount payable
to the general assistance recipient must not exceed the amount
that would be attributable to him if he were included in the
AFDC grant. For recipients who are not exempt from registration
with the department of economic security pursuant to section
256D.111, subdivision 2, clauses (a), (f), (g), and (h), and who
share a residence with a responsible relative who is not
eligible for general assistance, the standards shall be lowered,
subject to these limitations:
(a) The general assistance grant shall be in an amount such
that total household income is equal to the AFDC standard for a
household of like size and composition, except that the grant
shall not exceed that paid to a general assistance recipient
living independently.
(b) Benefits received by a responsible relative under the
supplemental security income program, the social security
disability program, a workers' compensation program, the
Minnesota supplemental aid program, or on the basis of the
relative's disability, must not be included in the household
income calculation.
Subd. 1b. [RULES.] The commissioner shall adopt temporary
and permanent rules to set standards of assistance and methods
of calculating payment to conform with subdivision 1a. The
minimum standards of assistance shall authorize the payment of
rates negotiated by local agencies for recipients living in a
room and board arrangement. In order to maximize the use of
federal funds, the commissioner shall adopt rules, to the extent
permitted by federal law for eligibility for the emergency
assistance program under aid to families with dependent
children, and under the terms of sections 256D.01 to 256D.21 for
general assistance, to require use of the emergency program
under aid to families with dependent children as the primary
financial resource when available. The commissioner shall
provide by rule for eligibility for general assistance of
persons with seasonal income, and may attribute seasonal income
to other periods not in excess of one year from receipt by an
applicant or recipient.
Sec. 27. Minnesota Statutes 1982, section 256D.02,
subdivision 6, is amended to read:
Subd. 6. "Child" means an adult or minor child of an
individual who is under the age of 18.
Sec. 28. Minnesota Statutes 1982, section 256D.02,
subdivision 8, is amended to read:
Subd. 8. "Income" means any form of income, including
remuneration for services performed as an employee and net
earnings from self-employment, reduced by the amount
attributable to employment expenses as defined by the
commissioner. The amount attributable to employment expenses
shall include amounts paid or withheld for federal and state
personal income taxes and federal social security taxes.
"Income" includes any payments received as an annuity,
retirement, or disability benefit, including veteran's or
workers' compensation; old age, survivors, and disability
insurance; railroad retirement benefits; unemployment benefits;
and benefits under any federally aided categorical assistance
program, supplementary security income, or other assistance
program; rents, dividends, interest and royalties; and support
and maintenance payments except that. Such payments may not be
considered as available to meet the needs of any person other
than the person for whose benefit they are received, unless that
person is under a legal duty to support another family member
and the income is not excluded under section 256D.01,
subdivision 1a. Goods and services provided in lieu of cash
payment shall be excluded from the definition of income, except
that payments made for room, board, tuition or fees by a parent,
on behalf of a child enrolled as a full-time student in a
post-secondary institution, must be included as income.
Sec. 29. Minnesota Statutes 1982, section 256D.02, is
amended by adding a subdivision to read:
Subd. 15. "Full-time student" means a student at a
post-secondary institution who attends training for a minimum of
25 hours per week if the training does not involve shop practice
and for a minimum of 30 hours per week if the training involves
shop practice, or who registers for and attends a minimum of 12
semester hours per semester or 12 quarter hours per quarter.
Sec. 30. Minnesota Statutes 1983 Supplement, section
256D.03, subdivision 4, is amended to read:
Subd. 4. [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.] (a)
Reimbursement under the general assistance medical care program
shall be limited to the following categories of service:
inpatient hospital care, outpatient hospital care, services
provided by medicare certified rehabilitation agencies,
prescription drugs, equipment necessary to administer insulin
and diagnostic supplies and equipment for diabetics to monitor
blood sugar level, eyeglasses and eye examinations provided by a
physician or optometrist, hearing aids, prosthetic devices,
laboratory and x-ray services, physician's services, medical
transportation, and dental care. In addition, payments of state
aid shall be made for day treatment services provided by a
mental health center established under sections 245.61 to
245.69, subdivision 1, and funded through chapter 256E and for
prescribed medications for persons who have been diagnosed as
mentally ill as necessary to prevent more restrictive
institutionalization.
(b) In order to contain costs, the county board shall, with
the approval of the commissioner of public welfare, select
vendors of medical care who can provide the most economical care
consistent with high medical standards and may contract with
organizations on a prepaid capitation basis to provide these
services. The commissioner shall encourage county boards to
submit proposals for demonstration projects designed to provide
services in an economical manner or to control utilization, with
safeguards to ensure that necessary services are provided.
Payment for services provided pursuant to this subdivision shall
be as provided to medical assistance vendors of these services
under section 256B.02, subdivision 8, except that where counties
enter into prepaid capitation agreements, payments shall be as
provided in section 256.966, subdivision 2.
(c) The commissioner of public welfare may reduce payments
provided under sections 256D.01 to 256D.21 and 261.23 in order
to remain within the amount appropriated for general assistance
medical care, within the following restrictions. For the period
July 1, 1983 to June 30, 1984, reductions below the cost per
service unit allowable under section 256.966, are permitted only
as follows: payments for inpatient and outpatient hospital care
provided in response to a primary diagnosis of chemical
dependency or mental illness may be reduced no more than 45
percent; payments for all other inpatient hospital care may be
reduced no more than 35 percent. Reductions below the payments
allowable under section 256.967 for the remaining general
assistance medical care services allowable under this
subdivision may be reduced no more than 25 percent. For the
period July 1, 1984 to June 30, 1985, reductions below the cost
per service unit allowable under section 256.966 are permitted
only as follows: payments for inpatient and outpatient hospital
care provided in response to a primary diagnosis of chemical
dependency or mental illness may be reduced no more than 30
percent; payments for all other inpatient hospital care may be
reduced no more than 20 percent. Reductions below the payments
allowable under section 256.967 for the remaining general
assistance medical care services allowable under this
subdivision may be reduced no more than ten percent. There
shall be no copayment required of any recipient of benefits for
any services provided under this subdivision. A hospital
receiving a reduced payment as a result of this section may
apply the unpaid balance toward satisfaction of the hospital's
bad debts.
(d) Any county may, from its own resources, provide medical
payments for which state payments are not made.
Sec. 31. Minnesota Statutes 1982, section 256D.06,
subdivision 3, is amended to read:
Subd. 3. When a general assistance grant is used to pay a
negotiated rate for a recipient living in a room and board
arrangement or congregate living care, or when a recipient is
living in a state hospital or nursing home, the recipient shall
receive an allowance for clothing and personal needs and the
allowance shall not be less than that authorized for a medical
assistance recipient pursuant to section 256B.35.
Sec. 32. Minnesota Statutes 1983 Supplement, section
256D.111, subdivision 1, is amended to read:
256D.111 [REGISTRATION FOR WORK; DISQUALIFICATION.]
Subdivision 1. [REGISTRATION REQUIREMENT.] Unless exempt
in accordance with the provisions of subdivision 2, an adult who
is a recipient of general assistance and who is not employed is
required to register for employment services with the department
of economic security, be available for work and comply with
reasonable reporting and job search requirements as established
by the commissioner of economic security in permanent or
temporary rule, and accept any offer of suitable employment.
The department of economic security shall promptly verify the
names of persons registered under this subdivision for the local
agencies.
Sec. 33. Minnesota Statutes 1983 Supplement, section
256D.111, is amended by adding a subdivision to read:
Subd. 1a. [REFERRAL TO THE MINNESOTA EMERGENCY DEVELOPMENT
PROGRAM.] Until December 31, 1985, the commissioner of economic
security shall refer for services, under the Minnesota emergency
employment development program, all persons required to register
for work under this section.
Sec. 34. Minnesota Statutes 1983 Supplement, section
256D.111, subdivision 2, is amended to read:
Subd. 2. [EXEMPTIONS.] A recipient is not required to
register for employment services with the department of economic
security and comply with the other requirements of subdivision 1
if he is:
(a) a person who is suffering from a permanent or temporary
illness, injury, or incapacity which is medically certified and
which prevents the person from obtaining or retaining employment;
(b) a person whose presence in the home on a substantially
continuous basis is required because of the certified illness,
injury, incapacity, or the age of another member of the
household;
(c) a person who has been placed in a licensed or certified
facility for purposes of physical or mental health or
rehabilitation, or in an approved chemical dependency
domiciliary facility, if the placement is based on illness or
incapacity and is pursuant to a plan developed or approved by
the local agency through its director or designated
representative;
(d) a person who resides in a shelter facility described in
section 256D.05, subdivision 3;
(e) a person who is or may be eligible for displaced
homemaker services, programs, or assistance under section 4.40,
but only if that person is enrolled as a full-time student;
(f) a person not described in clause (a) or (c) who is
diagnosed by a licensed physician or licensed consulting
psychologist as mentally retarded or mentally ill, and that
condition prevents the person from obtaining or retaining
employment;
(g) a person who has an application pending for the social
security disability program or the program of supplemental
security income for the aged, blind and disabled, or who has
been terminated from either program and has an appeal from that
termination pending;
(h) a person who is unable to obtain or retain employment
because his advanced age significantly affects his ability to
seek or engage in substantial work;
(i) a person completing a secondary education program or
one who has been referred to, has applied for, or is in a work
training, work experience, vocational rehabilitation, or other
employment related educational vocational or technical training
program; but however, the period of time that the person is
exempted pursuant to under this clause, while awaiting waiting
for acceptance into the program, shall not exceed be more than
two months;
(j) an adult member of a household with children in which
another adult is employed full time or has registered for
employment services with the department of economic security or
been accepted in a work training program; or
(k) a person who has been certified as unemployable by the
commissioner of economic security who has substantial barriers
to employment, including but not limited to factors relating to
work or training history, as determined by the local agency in
accordance with permanent or temporary rules adopted by the
commissioner after consultation with the commissioner of
economic security; or
(l) a person who is certified by the commissioner of
economic security as lacking work skills or training or as being
unable to obtain work skills or training necessary to secure
employment, as defined in a permanent or temporary rule adopted
by the commissioner of economic security in consultation with
the commissioner.
The exemption of a person described in clause (k) or (l)
shall be reassessed annually.
Sec. 35. Minnesota Statutes 1983 Supplement, section
256D.111, subdivision 5, is amended to read:
Subd. 5. [RULEMAKING.] The commissioner shall adopt rules
and is authorized to adopt temporary rules:
(a) providing for a reasonable period of disqualification
from the receipt of general assistance for a recipient who is
not exempt pursuant to subdivision 2 and who has been finally
determined pursuant to the procedure prescribed in subdivision 4
to have failed to comply with the requirements of subdivision 1,
provided that the period of disqualification for the first
failure to comply shall not exceed one month, unless a recipient
is disqualified as unavailable for work due to full-time student
status as defined in section 256D.02, subdivision 15;
(b) providing for the use of vouchers or vendor payments
with respect to the family of a recipient described in clause
(a); and
(c) providing that at the time of the approval of an
application for general assistance, the local agency gives to
the recipient a written notice in plain and easily understood
language describing the recipient's job registration, search,
and acceptance obligations under this section, and the period of
disqualification that will be imposed for a failure to comply
with those obligations.
Sec. 36. Minnesota Statutes 1983 Supplement, section
256D.112, is amended to read:
256D.112 [TEMPORARY AUTHORITY TO REFER CERTAIN RECIPIENTS
TO COMMISSIONER OF ECONOMIC SECURITY.]
Until September 30, 1984, the local agency shall refer a
recipient to the commissioner of economic security for services
under the Minnesota Emergency Employment Development Act jobs
program upon the payment to the recipient of a one-month grant.
A referral shall be in writing; shall describe the jobs program
for which the referral is being made; shall state the address of
the office to which the recipient is being referred; and shall
state that if the recipient is not accepted for participation in
the jobs program, the recipient should return to the local
agency. Notwithstanding the provisions of section 256D.111,
subdivision 3, and section 256D.10, assistance to a general
assistance recipient referred to the commissioner of economic
security pursuant to this section shall be suspended at the time
of the referral for a period of 30 days following the period for
which a grant has been issued. If the recipient does not return
to the local agency within the 30-day period, assistance shall
be terminated. This section does not apply:
(1) to persons that the commissioner of economic security
has determined, pursuant to section 268.80, are not eligible for
the Minnesota Emergency Employment Development jobs program; are
not likely to secure a job through the jobs program; or are not
able to successfully perform a job available through the jobs
program;
(2) to persons who are recipients of general assistance on
October 1, 1983; and
(3) to persons whom the local agency has substantial reason
to believe are covered by section 256D.111, subdivision 2.
Nothing in this section shall be construed as prohibiting
any recipient who has not been referred by the local agency from
applying to the commissioner of economic security for services
under the Minnesota emergency employment development jobs
program. The local agency shall provide to all recipients a
written description of the Minnesota emergency employment
development jobs program.
Upon receipt of notice from the commissioner of public
welfare that the Minnesota emergency employment development jobs
program is terminated After September 30, 1984, this section is
ineffective and the local agency shall not refer any recipient
to the commissioner of economic security under this section.
Sec. 37. Minnesota Statutes 1982, section 256D.15, is
amended to read:
256D.15 [RELATIVE'S RESPONSIBILITY.]
The financial responsibility of a relative for an applicant
for or recipient of general assistance shall not extend beyond
the relationship of a spouse, or a parent of an applicant or
recipient who is a child adult child who resides with the
parent, or the parent of a minor child regardless of where the
minor child resides.
Sec. 38. Minnesota Statutes 1982, section 256E.03,
subdivision 2, is amended to read:
Subd. 2. "Community social services" means services
provided or arranged for by county boards to fulfill the
responsibilities prescribed in section 256E.08, subdivision 1 to
the following groups of persons:
(a) Families with children under age 18, who are
experiencing child dependency, neglect or abuse, and also
pregnant adolescents, adolescent parents under the age of 18,
and their children;
(b) Persons who are under the guardianship of the
commissioner of public welfare as dependent and neglected wards;
(c) Adults who are in need of protection and vulnerable as
defined in section 626.557;
(d) Persons age 60 and over who are experiencing difficulty
living independently and are unable to provide for their own
needs;
(e) Emotionally disturbed children and adolescents,
chronically and acutely mentally ill persons who are unable to
provide for their own needs or to independently engage in
ordinary community activities;
(f) Mentally retarded persons as defined in section
252A.02, subdivision 2 who are unable to provide for their own
needs or to independently engage in ordinary community
activities;
(g) Drug dependent and intoxicated persons as defined in
section 254A.02, subdivisions 5 and 7, and persons at risk of
harm to self or others due to the ingestion of alcohol or other
drugs; and
(h) Parents whose income is at or below 70 percent of the
state median income and who are in need of child care services
in order to secure or retain employment or to obtain the
training or education necessary to secure employment; and
(i) Other groups of persons who, in the judgment of the
county board, are in need of social services.
Community social services do not include public assistance
programs known as aid to families with dependent children,
Minnesota supplemental aid, medical assistance, general
assistance, general assistance medical care, or community health
services authorized by sections 145.911 to 145.922.
Sec. 39. Minnesota Statutes 1982, section 256E.07,
subdivision 1, is amended to read:
Subdivision 1. [FORMULA.] In federal fiscal year 1980 1985
and subsequent years, money for social services that is received
from the federal government to reimburse counties for social
service expenditures pursuant to title XX of the social security
act shall be allocated to each county according to the following
formula:
(a) Two-thirds shall be allocated on the basis of the
annual average number of unduplicated active monthly caseloads
in each county in the following programs: aid to families with
dependent children, medical assistance, general assistance,
supplementary security income, and Minnesota supplemental aid.
(b) One-third shall be allocated on the basis of the number
of persons residing in the county as determined by the most
recent data estimate of the state demographer.
(c) The commissioner shall allocate to the counties
pursuant to this section the total money received from the
federal government for social services pursuant to title XX of
the social security act, except that portion of the state's
allocation which the legislature authorizes for administrative
purposes and for migrant day care.
(d) In federal fiscal year 1980 and in subsequent years the
minimum title XX share of a county shall be the sum of:
(1) The title XX earnings of that county in calendar year
1978, except that in the counties of Hennepin, Ramsey and St.
Louis the greater of 99 percent of their title XX earnings in
calendar year 1978 or 99 percent of their allocation in federal
fiscal year 1979; and
(2) One-half of the amount that the county would be
entitled to by applying the allocation formula described in
paragraphs (a), (b), and (c) to the amount of title XX money
received by the state which is in excess of the state's 1979
federal fiscal year allocation.
If the amount allocated to any county pursuant to
paragraphs (a), (b), and (c) is less than the minimum title XX
share of that county, its allocation shall be raised to its
minimum title XX share through a percent reduction applied to
the amounts that allocations to other counties exceed their
minimum title XX shares. If in any year the amount of title XX
funds to the state is reduced below the level it received in
federal fiscal year 1979, the guarantee provided in this
paragraph shall be reduced by a percentage reduction equal to
the percentage reduction in title XX money to the state as a
whole. The commissioner of public welfare shall annually review
the use of title XX money by each county and reallocate unused
money among the other counties, except Hennepin, Ramsey and St.
Louis Counties, so as to raise them to their earnings in federal
fiscal year 1979. Any federal title XX money unused after this
reallocation shall be reallocated by the commissioner according
to the formula in paragraphs (a), (b), and (c) so that all
available federal money is used within the federal fiscal year.
Sec. 40. Minnesota Statutes 1982, section 256E.07, is
amended by adding a subdivision to read:
Subd. 1a. [PHASE-IN] Notwithstanding the provisions of
subdivision 1, the allocation formula for federal fiscal years
1985 through 1993 is as follows:
(a) Whenever the amount of federal title XX funds available
for allocation to counties is the same as the amount available
in the previous fiscal year:
(1) Each county's current year formula share shall be
determined pursuant to subdivision 1;
(2) For all counties whose previous year allocation exceeds
its current year formula share, the difference shall be divided
by the number of years remaining until federal fiscal year 1994;
the resulting amount shall be subtracted from the previous year
allocation to obtain the final allocation;
(3) For all counties whose current year formula share
equals or exceeds its previous year allocation, any difference
shall be divided by the number of years remaining until federal
fiscal year 1994. The resulting amount shall be added to the
previous year allocation to obtain the final allocation.
(b) Whenever the amount of federal title XX funds available
for allocation to counties is less than the amount available in
the previous year, the procedure described in clause (a) shall
be followed, except that each county's previous year allocation
shall mean its actual previous year allocation reduced in
proportion to the reduction in federal fund availability.
(c) Whenever the amount of federal title XX funds available
for allocation to counties is greater than the amount available
in the previous year, the procedure described in clause (a)
shall be followed, except that each county's previous year
allocation shall mean:
(1) the actual previous year allocation; plus
(2) the amount to which the county would be entitled by
apportioning 40 percent of the excess federal funds available
according to the distribution formula contained in subdivision
1; plus
(3) for all counties whose current year formula share
exceeds the amount prescribed by items (1) and (2) of this
paragraph, the amount to which the county would be entitled by
apportioning the remaining 60 percent of the excess federal
funds available among the remaining counties according to the
distribution formula contained in subdivision 1.
For the purposes of the federal fiscal year 1985
allocation, the federal fiscal year 1982 corrected allocation
shall be considered the previous year allocation.
Sec. 41. Minnesota Statutes 1982, section 256E.07, is
amended by adding a subdivision to read:
Subd. 1b. [UNUTILIZED FUNDS.] The commissioner of public
welfare shall annually review the use of title XX allocations by
county and, pursuant to the formula found in subdivision 1,
reallocate unused money among those counties who have expended
their full portion.
Sec. 42. [268.38] [TEMPORARY HOUSING DEMONSTRATION
PROGRAM.]
Subdivision 1. [DEFINITIONS.] For the purpose of this
section the following terms have the meanings given:
(a) "Temporary housing" means housing provided for a
limited duration not exceeding six months and available for
occupancy on a 24-hour continuous basis.
(b) "Support services" means an assessment service that
identifies the needs of individuals for independent living and
arranges or provides for the appropriate educational, social,
legal, advocacy, child care, employment, financial, or
information and referral services to meet these needs.
(c) "Commissioner" means the commissioner of economic
security.
Subd. 2. [ESTABLISHMENT AND ADMINISTRATION.] A temporary
housing demonstration program is established to be administered
by the commissioner. The commissioner may make grants to
eligible recipients or enter into agreements with community
action agencies or other public or private nonprofit agencies to
make grants to eligible recipients to initiate, maintain, or
expand programs to provide temporary housing and support
services for persons in need of temporary housing. The
commissioner shall ensure that money appropriated to implement
this section is distributed as soon as practicable. The
commissioner may make grants directly to eligible recipients.
The program shall terminate on June 30, 1985.
Subd. 3. [ELIGIBLE RECIPIENTS.] A housing and
redevelopment authority established under section 462.425 or a
community action agency recognized under section 268.53 is
eligible for assistance under the program. In addition, a
partnership, joint venture, corporation, or association that
meets the following requirements is also eligible:
(1) it is established for a purpose not involving pecuniary
gain to its members, partners, or shareholders;
(2) it does not pay dividends or other pecuniary
remuneration, directly or indirectly, to its members, partners,
or shareholders; and
(3) in the case of a private, nonprofit corporation, it is
established under and in compliance with chapter 317.
Subd. 4. [APPLICATIONS.] An eligible recipient may apply
to the commissioner, or to a nonprofit agency designated by the
commissioner, for a grant to initiate, maintain, or expand a
program providing temporary housing and support services for
persons in need of temporary housing. The application must
include:
(1) a proposal for the provision of temporary housing and
support services, including program objectives, availability of
adequate funding, appropriateness of the proposed program for
the population to be served, and how the program will help
individuals to move into permanent housing;
(2) a proposed budget;
(3) a plan for collection of required data and the method
to be used for program evaluation; and
(4) evidence of the participation in the development of the
application of any agency or governmental body that will provide
essential services or assistance to the program.
Subd. 5. [CRITERIA FOR GRANT AWARDS.] Criteria for the
award of grants must include:
(1) evidence that the application meets all program
requirements;
(2) evidence of the need of the applicant for state
assistance and of the need for the particular program;
(3) indication of long-range plans for future funding if
the need continues to exist for the service; and
(4) assurance that grants are awarded to as wide a variety
of programs as possible, with emphasis on programs that
concentrate on long-term solutions to individual housing
problems.
Subd. 6. [PROGRAMS DESIGNATED.] At least two programs
funded must be located in the seven-county metropolitan area and
at least one program must be located outside of the metropolitan
area. At least one program must be designed primarily to serve
families with children, at least one program must be designed
primarily to serve single persons, and at least one program must
be designed primarily to serve persons leaving a shelter for
family abuse.
Subd. 7. [FUNDING COORDINATION.] To the extent
practicable, grant recipients shall combine funds awarded under
this section with other funds from public and private sources.
Programs receiving funds under this section are also eligible
for assistance under section 462A.05, subdivision 20.
Subd. 8. [PROGRAM INFORMATION.] In order to collect
uniform data to better measure the nature and extent of the need
for temporary housing, grant recipients shall collect and make
available to the commissioner the following information:
(1) number of requests received for temporary housing,
including the number of persons requiring assistance;
(2) number of persons for whom services are provided,
including differentiation between adults and minor children;
(3) reasons for seeking assistance;
(4) length of stay;
(5) reasons for leaving the housing program;
(6) demand for support services;
(7) follow-up information on status of persons assisted, if
possible; and
(8) source of income, race, and sex of persons assisted.
Subd. 9. [PRIVATE DATA.] Personal history information and
other information collected, used, or maintained by a grant
recipient from which the identity of any individual receiving
services may be determined is private data on individuals, as
defined in section 13.02, subdivision 12, and the grant
recipient shall maintain the data in accordance with the
provisions of chapter 13.
Subd. 10. [RULES.] The commissioner may adopt temporary
rules, in accordance with chapter 14, as necessary to implement
this section. Notwithstanding section 14.35, temporary rules
adopted under this section shall remain in effect until June 30,
1985.
Subd. 11. [REPORT TO THE LEGISLATURE.] The commissioner of
economic security shall report to the legislature by March 15,
1985. The report must include:
(1) the number of programs funded;
(2) the results of evaluations of those programs;
(3) an evaluation of the data collected on the programs
funded and additional data available to the commissioner to
further identify the need for temporary housing and available
resources; and
(4) recommendations for future action by the legislature.
Subd. 12. [LICENSING REQUIREMENTS NOT APPLICABLE.] The
requirements of sections 245.781 to 245.812 do not apply to
temporary housing and support services funded under this section
unless the commissioner of public welfare determines that the
program is primarily a residential facility within the meaning
of section 245.782, subdivision 6.
Sec. 43. Minnesota Statutes 1983 Supplement, section
268.672, subdivision 6, is amended to read:
Subd. 6. [ELIGIBLE JOB APPLICANT.] "Eligible job
applicant" means a person who: (1) has been a resident of this
state for at least one month, (2) is unemployed, (3) is not
receiving and is not qualified to receive unemployment
compensation or workers' compensation, and (4) is determined by
the employment administrator to be likely to be available for
employment by an eligible employer for the duration of the job.
In addition, a farmer who resides in a county qualified
under Federal Disaster Relief and who can demonstrate severe
financial need may be considered unemployed under this
subdivision.
Sec. 44. Minnesota Statutes 1983 Supplement, section
268.673, subdivision 5, is amended to read:
Subd. 5. [REPORT TO GOVERNOR AND LEGISLATURE.] The
coordinator shall report to the legislative advisory commission,
the chairpersons of the house and senate governmental operations
committees, the chairperson of the health, welfare, and
corrections division of the house appropriations committee, the
chairperson of the health and human services subcommittee of the
senate finance committee, and the governor on a quarterly
basis: (1) the number of persons employed; (2) the number and
type of employers under the program; (3) the amount of money
spent in each service delivery area for wages for each type of
employment and each type of other expense; (4) the number of
persons who have completed participation in the program and
their current employment, educational, or training status; (5)
the specific allocation of discretionary funds; and (5) (6) any
other information requested by the commission or the governor or
deemed pertinent by the coordinator. Each report must include
cumulative information, as well as information for each quarter.
Sec. 45. Minnesota Statutes 1983 Supplement, section
268.675, is amended to read:
268.675 [ALLOCATION OF FUNDS AMONG SERVICE DELIVERY AREAS.]
(a) Ninety Subdivision 1. [SERVICE DELIVERY AREA PORTION.]
Eighty percent of the funds available for allocation to
employment administrators for the program must be allocated
among service delivery areas as follows: (1) each service
delivery area shall be eligible to receive that proportion of
the funds available which equals the number of unemployed
persons in the service delivery area divided by the total number
of unemployed persons in the state for the 12-month period
ending the most recent March 31; (2) however, 15 percent of the
amount which would be allocated under paragraph (1) to each
service delivery area in which the unemployment rate, for the
12-month period ending the most recent March 31, is less than
the statewide unemployment rate on that date shall not be
allocated according to paragraph (1). This amount shall be
pooled and distributed at the discretion of the coordinator only
to employment administrators in these service delivery areas
with lower than average unemployment rates who have demonstrated
outstanding performance from May 1, 1984, to August 1, 1984, in
placement of persons who would otherwise be eligible to receive
general assistance, as shown by:
(i) the proportion of general assistance-eligible
applicants who have been placed in private sector jobs under the
program, relative to the total number of general
assistance-eligible applicants placed under the program; or
(ii) the proportion of general assistance-eligible
applicants placed in all jobs under the program, relative to
total job placements under the program.
(b) Ten percent of the funds available for allocation to
employment administrators under the program must be allocated at
the discretion of the coordinator to employment administrators:
(1) who will maximize the use of the funds through
coordination with other programs and state, local, and federal
agencies, through the use of matching funds or through the
involvement of low-income constituent groups;
(2) who have demonstrated need beyond the allocation
available under clause (1); or
(3) who have demonstrated outstanding performance in job
creation; or
(4) who have demonstrated that the unemployed persons in
the service delivery area incur unusual costs related to
employment under sections 268.671 to 268.686.
Subd. 3. [HIGH UNEMPLOYMENT REGIONS.] Ten percent of the
funds available for allocation to employment administrators
under the program must be allocated by the coordinator to
employment administrators for use in regions that have
unemployment rates for the 12-month period ending the most
recent March 31 which meet or exceed 140 percent of the
statewide unemployment rate. Funds must be allocated to regions
in proportion to the number of unemployed persons within the
region.
Sec. 46. Minnesota Statutes 1983 Supplement, section
268.676, subdivision 1, is amended to read:
Subdivision 1. [AMONG JOB APPLICANTS.] Allocation of funds
among eligible job applicants within a service delivery area
shall be determined by the employment administrator in each
service delivery area. The employment administrator shall give
priority to:
(1) applicants living in households with no other income
source; and
(2) applicants who would otherwise be eligible to receive
general assistance under Minnesota Statutes 1980, section
256D.05.
In service delivery areas where the unemployment rate for
the 12-month period ending the most recent March 31 is below the
statewide unemployment rate at that time, the employment
administrator shall give higher priority to applicants described
in clause (2) than to those described in clause (1).
Sec. 47. Minnesota Statutes 1983 Supplement, section
268.676, subdivision 2, is amended to read:
Subd. 2. [AMONG EMPLOYERS.] Allocation of funds among
eligible employers within a service area shall be determined by
the employment administrator within each service delivery area
according to the priorities in sections 268.68 and 268.681. The
employment administrator shall give priority to funding private
sector jobs to the extent that eligible businesses apply for
funds. If possible, no more than 60 40 percent of the funds may
be allocated for jobs with eligible government and nonprofit
agencies during the biennium.
Sec. 48. Minnesota Statutes 1983 Supplement, section
268.677, is amended to read:
268.677 [USE OF FUNDS.]
Funds appropriated for the purposes of sections 268.671 to
268.686 may be used as follows:
(a) To provide a state contribution for wages and fringe
benefits for eligible job applicants for a maximum of 1,040
hours over a maximum period of 26 weeks per job applicant. For
eligible job applicants participating in a job training program,
the state contribution for wages may be used for a maximum
period of 52 weeks per job applicant. The state contribution
for wages shall be up to $4 per hour for each eligible job
applicant employed. The state contribution for fringe benefits
may be up to $1 per hour for each eligible job applicant
employed. However, the employer may use funds from other
sources to provide increased wages to the applicants it
employs. At least 75 percent of the funds appropriated for the
program must be used to pay wages for eligible job applicants;
(b) To reimburse the commissioner of economic security in
an amount not to exceed one percent of the funds appropriated
for the actual cost of administering sections 268.671 to
268.686, and to reimburse the employment administrators in an
amount not to exceed 4-1/2 percent of the funds appropriated for
their actual cost of administering sections 268.671 to 268.686.
The commissioner of economic security and the employment
administrators shall reallocate funds from other sources to
cover the administrative costs of this program whenever possible;
(c) To provide child care services or subsidies to
applicants employed under sections 268.671 to 268.686;
(d) To provide workers' compensation coverage to applicants
employed by government or nonprofit agencies under sections
268.671 to 268.686;
(e) To provide job search assistance, labor market
orientation, job seeking skills, and referral for other services;
(f) To purchase supplies and materials for projects
creating permanent improvements to public property in an amount
not to exceed one percent of the funds appropriated.
The employment administrator of each service delivery area
shall submit to the coordinator a spending plan establishing
that funds allocated to the service delivery area will be used
by October 1, 1984, in the manner required by sections 268.671
to 268.686. Any funds allocated to the service delivery area
for which there is no spending plan approved by the coordinator
shall cancel back to the Minnesota emergency employment
development account and may be reallocated by the coordinator to
other employment administrators.
Sec. 49. Minnesota Statutes 1983 Supplement, section
268.685, is amended to read:
268.685 [TERMINATION; NOTIFICATION.]
The commissioner of economic security shall immediately
terminate the Minnesota emergency employment development program
if and when none of the money appropriated under Laws 1983,
chapter 312, article 1, section 3 or under this act remains.
The commissioner of economic security shall immediately notify
the commissioner of public welfare of the program's
termination. The commissioner of public welfare shall
immediately notify each local agency referring recipients under
section 256D.112 of the program's termination and require the
local agency to cease transferring recipients.
On the date the program is terminated, any balance
remaining in the Minnesota emergency employment development
account established under section 268.681, subdivision 4 shall
cancel to the general fund. Any payments received under section
268.681, subdivisions 3 and 4 on or after that date shall be
deposited in the general fund.
Sec. 50. Minnesota Statutes 1983 Supplement, section
268.686, is amended to read:
268.686 [SUNSET.]
Laws 1983, chapter 312, article 7, sections 1 to 18 are
repealed June 30, 1985 January 1, 1986.
Sec. 51. Minnesota Statutes 1983 Supplement, section
268.80, is amended to read:
268.80 [APPLICATION PROCESS; DETERMINATIONS.]
Any person may apply to the commissioner for services under
the Minnesota emergency employment development jobs program.
Upon receiving an application, the commissioner shall promptly
determine the person's eligibility for services under the
program; the person's ability to successfully perform a job
available through the program; and, within three business days,
the person's eligibility for an allowance pursuant to section
268.81. The commissioner shall not accept applications for the
allowance after September 30, 1984. In determining the
eligibility of a person for the allowance, the commissioner
shall apply the eligibility standards set forth in sections
256D.01 to 256D.21. A person referred by a local agency
pursuant to the provisions of section 256D.112 prior to October
1, 1984 shall be deemed to be eligible for the allowance. If
the commissioner finds at any time that a person is not eligible
for services under the jobs program, or if the commissioner
determines after a three-month period that the person is
unlikely to secure a job through the jobs program, then the
commissioner shall issue a written determination stating the
findings and provide the person with a written referral to the
appropriate local agency. However, once a person has been
referred to the local agency because of a determination that the
person is unlikely to secure a job through the emergency
employment development jobs program, the person may not be
referred back to the commissioner for the payment of the
allowance under section 268.81. If the person is receiving an
allowance, the allowance will be terminated upon provision of a
notice of termination of the allowance which must coincide with
issuance of the allowance and must include a written referral to
the local agency. Upon sending a notice of termination, the
commissioner shall forward copies of applications,
verifications, and other documents related to the person's
eligibility for and payments of general assistance to the local
agency. If the person applies to the local agency for general
assistance before or on the last date of the period covered by
the allowance, the person is eligible for general assistance,
and the local agency shall issue a general assistance payment to
cover the calendar month immediately following the calendar
month covered by the last allowance. The local agency shall use
verifications obtained in its determination of eligibility
pursuant to section 256D.112 and those provided by the
commissioner and may only require the applicant to supply
verification of factors that the local agency has reason to
believe have changed. If the commissioner finds at any time,
pursuant to standards established by the commissioner by rule or
temporary rule, that a person is not able to successfully
perform a job available through the jobs program, the
commissioner shall issue a written determination stating the
findings and explaining the person's right to appeal pursuant to
section 268.82, and shall provide the person with a written
referral to the appropriate local agency. If the commissioner
finds that a person is not eligible for an allowance pursuant to
section 268.81, the commissioner shall advise the person in
writing that the person may make an application for general
assistance with the appropriate local agency.
Sec. 52. Minnesota Statutes 1983 Supplement, section
268.81, is amended to read:
268.81 [PAYMENT OF ALLOWANCE.]
A person accepted pursuant to section 268.80 for
participation in the Minnesota emergency employment development
jobs program and determined by the commissioner to satisfy the
eligibility standards set forth in sections 256D.01 to 256D.21,
shall be paid a cash allowance by the commissioner in an amount
which is not less than the amount of the general assistance
grant that the person would otherwise receive pursuant to
sections 256D.01 to 256D.21. The commissioner shall adopt a
permanent or temporary rule establishing the amounts of
allowances to be paid pursuant to this section. The initial
allowance shall be paid to the person as soon as
administratively feasible. A person referred by a local agency
pursuant to section 256D.112 shall be paid the initial allowance
upon the expiration of the period covered by the one-month grant
received from the local agency. Thereafter, the allowance shall
be paid at intervals as the commissioner shall prescribe by rule
or temporary rule. Until June 30, 1985, a person receiving an
allowance when the Minnesota emergency employment development
jobs program is terminated under section 268.685, shall continue
to be paid an allowance under this section if he continues to
meet the eligibility standards set forth in sections 256D.01 to
256D.21. After December 31, 1984, the department of economic
security shall make no allowance payments. All persons who
receive an allowance during December 1984 shall be provided a
notice of termination of the allowance which must coincide with
issuance of the allowance and must include a written referral to
the local agency. Upon sending a notice of termination, the
commissioner shall forward copies of applications,
verifications, and other documents related to the person's
eligibility for and payments of general assistance to the local
agency. If the person applies to the local agency for general
assistance before or on the final day of the period covered by
the allowance, the person is eligible for general assistance,
and the local agency shall issue a general assistance payment to
cover the calendar month immediately following the calendar
month covered by the last allowance. The local agency shall use
verifications obtained in its determination of eligibility
pursuant to section 256D.112 and those provided by the
commissioner and may only require the applicant to supply
verification of factors that the local agency has reason to
believe have changed.
Sec. 53. Minnesota Statutes 1983 Supplement, section
357.021, subdivision 2a, is amended to read:
Subd. 2a. [CERTAIN FEE PURPOSES.] Of the marriage
dissolution fee collected pursuant to subdivision 1, the clerk
shall pay $35 to the state treasurer to be deposited in the
general special revenue fund to be used as follows: $15 for the
purposes of funding grant programs for emergency shelter
services and support services to battered women under sections
241.61 to 241.66 and for administering displaced homemaker
programs established under section 4.40; and $20 is appropriated
to the commissioner of corrections for the purpose of funding
emergency shelter services and support services to battered
women, on a matching basis with local money for 20 percent of
the costs and state money for 80 percent. Of the $15 for the
purposes of funding grant programs for emergency shelter
services and support services to battered women under sections
241.61 to 241.66 and for administering displaced homemaker
programs established under section 4.40, $6.75 is appropriated
to the commissioner of corrections and $8.25 is appropriated to
the commissioner of economic security. The commissioner of
economic security may use money appropriated in this subdivision
for the administration of a displaced homemaker program
regardless of the date on which the program was established.
The state treasurer shall identify and report to the
commissioner of finance all amounts deposited in the general
fund under this section.
Sec. 54. Minnesota Statutes 1983 Supplement, section
517.08, subdivision 1c, is amended to read:
Subd. 1c. [DISPOSITION OF LICENSE FEE.] Of the marriage
license fee collected pursuant to subdivision 1b, the clerk
shall pay $25 to the state treasurer to be deposited in the
general special revenue fund to be used as follows: $15 for the
purposes of funding grant programs for emergency shelter
services and support services to battered women under sections
241.61 to 241.66 and for administering displaced homemaker
programs established by July 1, 1983, under section 4.40; and
$10 is appropriated to the commissioner of economic security for
the purpose of funding displaced homemaker programs established
after July 1, 1983, under section 4.40 in areas of the state
where those programs previously did not exist or adjunct
programs that extend access to current programs in northeastern
Minnesota, on a matching basis with local funds providing 20
percent of the costs and state funds providing 80 percent. Of
the $15 for the purposes of funding grant programs for emergency
shelter services and support services to battered women under
sections 241.61 to 241.66 and for administering displaced
homemaker programs established by July 1, 1983, under section
4.40, $6.75 is appropriated to the commissioner of corrections
and $8.25 is appropriated to the commissioner of economic
security. The commissioner of economic security may transfer
money to and from the appropriation designated in this
subdivision for the administration of displaced homemaker
programs established by July 1, 1983, and the appropriation
designated for programs established after July 1, 1983, if
necessary to continue the administration of programs established
by July 1, 1983, while developing and administering programs
established after that date as required in this subdivision.
The state treasurer shall identify and report to the
commissioner of finance all amounts deposited in the general
fund and appropriated under this section.
Sec. 55. Laws 1983, chapter 199, section 17, subdivision
2, is amended to read:
Subd. 2. The commission shall consist of six seven members
of the house of representatives appointed by the speaker and six
seven members of the senate appointed by the subcommittee on
committees.
Sec. 56. [LABORATORY FEES.]
Notwithstanding Laws 1983, chapter 312, article 1, section
7, subdivision 2, the commissioner of health shall charge a fee
of not less than $5 for medical laboratory services for which
fees are charged under section 144.123.
Sec. 57. [MORATORIUM ON HOSPITAL CAPACITY EXPANSION.]
Subdivision 1. [RESTRICTED CONSTRUCTION OR MODIFICATION.]
Until June 30, 1987, the following construction or modification
may not be commenced:
(1) any erection, building, alteration, reconstruction,
modernization, improvement, extension, lease, or other
acquisition by or on behalf of a hospital that increases the bed
capacity of a hospital, relocates hospital beds from one
physical facility, complex, or site to another, or otherwise
results in an increase or redistribution of hospital beds within
the state; and
(2) the establishment of a new hospital.
This section does not apply to:
(1) a hospital, clinic, or other health care facility that
is a national referral center engaged in substantial programs of
patient care, medical research, and medical education meeting
state and national needs that receives more than 40 percent of
its patients from outside the state of Minnesota;
(2) a project for construction or modification for which a
health care facility held an approved certificate of need on May
1, 1984, regardless of the date of expiration of the certificate;
(3) a project for which a certificate of need was denied
prior to the date of enactment of this act if a timely appeal
results in an order reversing the denial; or
(4) a project exempted from certificate of need
requirements by Laws 1981, chapter 200, section 2.
Nothing in this section prohibits the relocation or
redistribution of hospital beds within a hospital building or
identifiable complex of buildings provided the relocation or
redistribution does not result in: (1) an increase in the
overall bed capacity at that site; (2) relocation of hospital
beds from one physical site or complex to another; or (3)
redistribution of hospital beds within the state or a region of
the state.
Subd. 2. [EMERGENCY WAIVER.] The commissioner shall grant
an emergency waiver from the provisions of this section if the
need for the project is a result of fire, tornado, flood, storm
damage or other similar disaster, if adequate health care
facilities are not available for the people who previously used
the applicant facility and if the request for an emergency
waiver is limited in nature and scope only to those repairs
necessitated by the natural disaster.
Subd. 3. [ENFORCEMENT.] The district court in Ramsey
County has jurisdiction to enjoin an alleged violation of
subdivision 1. At the request of the commissioner of health,
the attorney general may bring an action to enjoin an alleged
violation. The commissioner of health shall not issue a license
for any portion of a hospital in violation of subdivision 1. No
hospital in violation of subdivision 1 may apply for or receive
public funds under chapters 245 to 256B, or from any other
source.
Subd. 4. [DEFINITIONS.] Except as indicated in this
subdivision, the terms used in this section have the meanings
given them under Minnesota Statutes 1982, sections 145.832 to
145.845 and the rules adopted thereunder.
The term "hospital" has the meaning given it in section
144.696, subdivision 3.
Sec. 58. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall change the references to the
commissioner or department of "public welfare" wherever they
appear in the Minnesota Statutes to refer to the commissioner or
department of "human services" in Minnesota Statutes 1984.
Sec. 59. [REPEALER.]
Minnesota Statutes 1982, section 256E.07, subdivision 3,
and Laws 1983, chapter 289, section 102, are repealed.
Sec. 60. [APPLICATION.]
The changes mandated by section 45 of this article are
effective only for money appropriated in section 2, clause (a).
Funds appropriated prior to the effective date of this act shall
continue to be allocated as provided in Laws 1983, chapter 312,
article 7, section 5.
Sec. 61. [EFFECTIVE DATES.]
Sections 7, 17 to 21, 23, 24, 39 to 49, 53 to 56, 59, and
60 are effective the day following final enactment. Sections 26
to 29, 32, 35, 37, and section 34, subdivision 2, clause (i) are
effective June 1, 1984. Section 34, subdivision 2, clauses (k)
and (l) are effective October 1, 1984.
Approved May 2, 1984
Official Publication of the State of Minnesota
Revisor of Statutes