Office of the Revisor of Statutes
Minnesota Session Laws - 1985, 1st Special Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1985
CHAPTER 10-S.F.No. 24
An act relating to the organization and operation of
state government; appropriating money for the
department of transportation and other agencies with
certain conditions; modifying agencies and
responsibilities; providing for regulation of certain
activities and practices; requiring studies, reports,
plans, and fiscal notes; prescribing and providing for
certain funds, accounts, bonding, taxes, fares, and
fees; amending Minnesota Statutes 1984, sections 12.14;
14.131; 15.0591, subdivision 2; 15A.081, subdivisions
1 and 7; 17.717, by adding a subdivision; 17A.10,
subdivision 2; 17A.11, as amended; 25.39, subdivision
4; 40.03, subdivision 1; 43A.18, subdivision 5;
60A.02, subdivision 7; 60A.10; 60A.131, subdivision 1;
60A.17, subdivision 1a; 60A.1701, subdivisions 5 and
10; 60C.08, subdivision 1; 61B.05, subdivision 1;
62A.141; 62A.146; 62A.17, subdivision 6; 62B.05;
62D.19; 62E.10, subdivision 2; 62E.12; 62E.16; 65B.03;
65B.43, by adding a subdivision; 65B.44, subdivision
4; 65B.48, subdivision 3a; 65B.49, by adding a
subdivision; 65B.63, subdivision 1; 67A.25,
subdivision 1; 72A.20, by adding a subdivision;
79.252, subdivision 4; 79.62; 138.94; 168.012,
subdivision 1; 168.12, subdivisions 1 and 5; 174.32,
subdivisions 1, 2, 3, and by adding a subdivision;
240.04, subdivision 4; 240.24, as amended; 297A.25,
subdivision 1; 299A.01, subdivision 6; 352D.02,
subdivision 1; 360.018, subdivision 6; 360.024;
453.51; 453.54, subdivision 15; 453.58, by adding a
subdivision; 473.373, subdivisions 4 and 6; 473.375,
subdivision 4, and by adding a subdivision; 473.38,
subdivision 2; 473.384, subdivision 7; 473.386,
subdivision 2; 473.39, subdivisions 1, 2, and by
adding a subdivision; 473.404, subdivision 7; 473.405,
subdivision 12; 473.408, subdivision 4, and by adding
a subdivision; 473.435, subdivision 2; 473.436,
subdivision 6; 473.446, subdivisions 1, 1a, 2a, and 3;
500.24, subdivision 3; 626.861, by adding a
subdivision; and 626.88, subdivision 3; Laws 1985,
chapter 168, section 14; chapter 290, section 14; and
chapter 309, section 14; proposing coding for new law
in Minnesota Statutes, chapters 3; 17; 61A; 219; 240;
and 473; repealing Minnesota Statutes 1984, sections
17.717, subdivision 6; 60A.15, subdivision 14;
62A.025; 65B.49, subdivision 4, as amended; 473.373,
subdivisions 2 and 7; 473.408, subdivisions 3, 3a, 3b,
and 5; 473.436, subdivisions 1, 4, and 5; 473.438;
473.39, subdivision 3; 473.446, subdivision 6; and
Laws 1985, chapter 241, section 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [TRANSPORTATION AND OTHER AGENCIES;
APPROPRIATIONS.] The sums shown in the columns marked
"APPROPRIATIONS" are appropriated from the general fund, or
another fund named, to the agencies and for the purposes
specified in this act, to be available for the fiscal years
indicated for each purpose. The figures "1985", "1986", and
"1987", where used in this act, mean that the appropriation or
appropriations listed under them are available for the year
ending June 30, 1985, June 30, 1986, or June 30, 1987,
respectively.
SUMMARY BY FUND
1985 1986 1987 TOTAL
General $4,000,000 $76,800,700 $76,955,700 $ 157,756,400
Special 420,000 434,700 854,700
Airports 11,175,100 10,445,900 21,621,000
M.S.A.S. 59,500,000 61,900,000 121,400,000
C.S.A.H. 182,500,000 189,300,000 371,800,000
Tr. Hwy. 627,240,300 625,344,700 1,252,585,000
Hwy. User 12,793,700 10,651,200 23,444,900
Transit Assistance 17,700,300 19,000,700 36,701,000
Motor Vehicle Transfer 860,300 868,800 1,729,100
TOTAL $4,000,000 $988,990,400 $994,901,700 $1,987,892,100
APPROPRIATIONS
Available for the Year
Ending June 30
1986 1987
Sec. 2. TRANSPORTATION
Subdivision 1. Total
Appropriation $860,084,600 $868,647,500
1986 1987
Approved Complement - 4,556 4,636
General - 15 15
State Airports - 37 37
Trunk Highway - 4,497 4,577
Federal - 7 7
The appropriations in this section are
from the trunk highway fund, except
where another fund is named.
Summary by Fund
General $ 11,291,500 $ 10,886,500
Airports $ 11,175,100 $ 10,445,900
M.S.A.S. $ 59,500,000 $ 61,900,000
C.S.A.H. $182,500,000 $189,300,000
Trunk Highway $576,957,400 $576,245,600
Highway User Tax
Distribution $ 100,000
Transit Assistance $ 17,700,300 $ 19,000,700
Motor Vehicle
Transfer $ 860,300 868,800
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Highway Development 591,127,200 601,586,100
Summary by Fund
M.S.A.S. $ 59,500,000 $ 61,900,000
C.S.A.H. $182,500,000 $189,300,000
Trunk Highway $348,266,900 $349,517,300
Motor Vehicle
Transfer $ 860,300 $ 868,800
(a) Trunk Highway Development
1986 1987
$332,603,200 $334,209,100
Summary by Fund
Trunk Highway $331,742,900 $333,340,300
Motor Vehicle
Transfer $ 860,300 $ 868,800
It is estimated that the appropriation
from the trunk highway fund will be
funded as follows:
Federal Highway Aid
$216,000,000 $216,000,000
Highway User Taxes
$115,742,900 $117,340,300
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.
The commissioner of transportation
shall complete the lime sludge
recycling and site restoration project
on I-94 in North Minneapolis with state
money appropriated from the trunk
highway fund in this act, to the extent
that the cost of the project is not
fully funded by the federal highway
administration. The amount expended
from all funds must not exceed
$2,300,000. The commissioner of
transportation is advised to make the
lime sludge available for improving the
condition of the soil for agricultural
purposes, wherever practical.
(b) County State Aids
$182,500,000 $189,300,000
This appropriation is from the county
state-aid highway fund and is available
until spent.
(c) Municipal State Aids
$ 59,500,000 $ 61,900,000
This appropriation is from the
municipal state-aid street fund and is
available until spent.
If an appropriation for either county
state aids or municipal state aids does
not 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.
(d) Highway Debt Service
$ 16,524,000 $ 16,177,000
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 under the
statutory open appropriation.
Any excess appropriation shall be
canceled to the trunk highway fund.
Subd. 3. Highway Operations 160,660,600 163,165,700
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Maintenance
$108,730,700 $110,103,400
The commissioner shall seek to obtain
one-half of the money necessary to
operate existing and proposed travel
information centers from local units of
government, other state agencies,
regional agencies, or various private
entities as appropriate for each
center. The commissioner shall report
on progress in obtaining this funding
and staffing to the legislature on
January 15, 1986, and January 15, 1987.
(b) Maintenance Preservation
$ 7,382,300 $ 7,283,900
(c) Construction Support
$ 44,547,600 $ 45,778,400
Subd. 4. Technical Services 37,084,600 34,970,400
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Engineering Services
$ 24,604,400 $ 22,380,500
(b) Engineering Development
$ 8,092,100 $ 8,134,500
$75,000 the first year and $75,000 the
second year is for a transportation
research contingent account to finance
research projects that are reimbursable
from the federal government or from
other sources. Expenditures from this
account are subject to the approval of
the commissioner of finance.
Reimbursements must be deposited in the
trunk highway fund. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
(c) State Aid Technical Assistance
$ 806,800 $ 807,100
The metropolitan transportation
technical advisory committee shall
consider projects on the Great River
Road system as a high priority for
available federal highway trust fund
dollars. The committee shall report to
the chairs of the house appropriations
committee and the senate finance
committee by January 1, 1986, on the
use of available federal aid for Great
River Road projects authorized for
construction during 1985 and projected
for construction during 1986.
The department of transportation state
aid office shall consider projects on
the Great River Road system as a high
priority for available federal highway
trust fund dollars. The state aid
office shall report to the chairs of
the house appropriations committee and
the senate finance committee by January
1, 1986, on the use of available
federal aid for Great River Road
projects authorized for construction
during 1985 and projected for
construction during 1986.
Copies of these reports shall also be
forwarded to the Mississippi River
parkway commission.
(d) Electronic Communications
$ 2,129,800 $ 2,196,100
(e) Environmental Services
$ 1,451,500 $ 1,452,200
Subd. 5. Public
Transportation Assistance 27,851,200 28,745,500
Summary by Fund
General $ 9,941,400 $ 9,534,500
Transit Assistance $ 17,700,300 $ 19,000,700
Trunk Highway $ 209,500 $ 210,300
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Nonmetropolitan Transit Assistance
$ 5,121,100 $ 5,325,900
Summary by Fund
General $2,580,800 $2,525,200
Transit Assistance $2,540,300 $2,800,700
The unobligated portion of the transit
assistance fund made available by the
appropriation in Laws 1984, chapter
654, article 3, section 1, clause (i),
for recipients outside the metropolitan
area does not cancel on June 30, 1985,
and is available for transit assistance
during the period ending June 30, 1987.
(b) Metropolitan Transit Assistance
$ 22,164,600 $ 22,851,200
Summary by Fund
General $ 7,004,600 $ 6,651,200
Transit Assistance $15,160,000 $16,200,000
No more than $1,750,000 may be spent by
or under contract with the regional
transit board on transit needs
assessment, planning, and preliminary
engineering for the metropolitan area.
The needs assessment shall determine
the size and location of transit
markets; the mobility, income, and
other characteristics of the transit
users; and the cost of alternatives to
using transit, including parking. The
assessment may consider any mode of
transit or vehicle system to
accommodate transit users. Estimates
of cost for the total of all modes and
vehicle systems and alternative ways of
financing shall be prepared as part of
the assessment report.
No more than $1,080,000 the first year
and $1,085,000 the second year may be
used for regional transit board
administration.
At least $11,000,000 must be spent for
metro mobility service during the
biennium ending June 30, 1987.
This appropriation is for payment to
the regional transit board.
Notwithstanding Laws 1984, chapter 654,
article 3, sections 63, 66 to 72, 153,
subdivision 1, and 154, the
commissioner may use as much as may be
needed to enter into and administer
contracts after June 30, 1985, under
Minnesota Statutes, sections 174.23,
174.24, 174.265, and 174.31 for
financial assistance during calendar
year 1986 to providers of transit in
the metropolitan area, until the
regional transit board has certified
its readiness to assume existing
contracts of the commissioner under
Minnesota Statutes, sections 473.384,
473.386, and 473.388.
Money paid to the regional transit
board is for expenditure by the board
as prescribed in the schedules required
by Minnesota Statutes, section 473.377,
subdivision 2, clauses (e), (f), and
(g), to be contained in the board's
approved three-year interim transit
service implementation and financing
plan.
By October 1, 1985, the regional
transit board shall submit to the chair
of the house appropriations committee
and the chair of the senate finance
committee a detailed financial plan for
the period ending December 31, 1987.
The plan must meet the requirements of
Minnesota Statutes, section 473.377,
subdivision 3. The plan must contain,
specifically: (1) proposed budgets,
contract terms, and plans for
expenditures for the jobseekers program
and the program for transit dependent
groups established by this act; (2)
progress to date and plans for the
development of projects under Minnesota
Statutes, sections 473.382, 473.384,
and 473.387; (3) a detailed schedule of
public expenditures and recipients for
private operator assistance, metro
mobility, rural and urban systems, and
the transit replacement service program
administered under Minnesota Statutes,
section 473.388; and (4) a schedule of
fares planned by the board, including
the dates of any changes and the
revenue effects.
The chair of the regional transit board
shall submit to the chairs of the house
appropriations and local and urban
affairs committees and the senate
transportation and finance committees,
for their review and comment, any
changes in the schedules in the board's
three-year interim transit service
implementation and financing plan, if
the changes alter the distribution or
use prescribed by the schedules of the
money paid under this section. The
changes must be submitted for review at
least 30 days before adoption by the
board. Comments are advisory only.
The net amount due to the general fund
of $3,566,300, as a result of agreement
numbers 59677, 58917, 59676, 60771,
58671, 60143, and 58812 between the
metropolitan transit commission and the
department of transportation, is
canceled.
(c) Transit Administration
$ 565,500 $ 568,400
Summary by Fund
General $ 356,000 $ 358,100
Trunk Highway $ 209,500 $ 210,300
Subd. 6. Program Management 6,046,300 5,970,000
Summary by Fund
General $ 307,100 $ 308,200
Trunk Highway $ 5,639,200 $ 5,661,800
Highway User Tax
Distribution $ 100,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Highway Programs
$ 1,650,100 $ 1,552,900
Summary by Fund
General $ 75,500 $ 75,800
Trunk Highway $ 1,474,600 $ 1,477,100
Highway User Tax
Distribution $ 100,000
$100,000 the first year is for a
highway jurisdiction study as provided
for in this act.
$225,000 the first year and $225,000
the second year is available for grants
to regional development commissions
outside the seven-county metropolitan
area for transportation studies to
identify critical concerns, problems,
and issues.
(b) Motor Carrier Safety and Compliance
$ 957,200 $ 962,200
(c) Railroads and Waterways
$ 849,000 $ 852,700
Summary by Fund
General $ 231,600 $ 232,400
Trunk Highway $ 617,400 $ 620,300
(d) Transportation Information
and Support
$ 2,590,000 $ 2,602,200
Subd. 7. General Support 25,300,500 22,885,600
Summary by Fund
General $ 43,000 $ 43,800
Airports $ 160,900 $ 121,700
Trunk Highway $ 25,096,600 $ 22,720,100
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Finance and Administration
$ 7,559,800 $ 7,471,000
(b) General Services
$ 6,120,800 $ 5,707,600
Summary by Fund
General $ 38,500 $ 39,000
Airports $ 60,300 $ 60,900
Trunk Highway $ 6,022,000 $ 5,607,700
If an appropriation in this section for
data processing development for either
year is insufficient, the appropriation
for the other year is available for it.
(c) Equipment
$ 10,656,200 $ 8,718,800
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Summary by Fund
General $ 4,500 $ 4,800
Airports $ 100,600 $ 60,800
Trunk Highway $ 10,551,100 $ 8,653,200
The commissioner may enter into
agreements to lease-purchase equipment
only after presenting a report
detailing all the equipment and the
terms of the agreements to the chairs
of the house appropriations committee
and the senate finance committee. The
commissioner may not spend any money
unless the chairs have made their
recommendations. Recommendations are
advisory only.
(d) Legal Services
$ 963,700 $ 988,200
This appropriation is for the purchase
of legal services from or through the
attorney general.
Subd. 8. Aeronautics 12,014,200 11,324,200
Summary by fund
General $ 1,000,000 $ 1,000,000
Airports $ 11,014,200 $ 10,324,200
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Aeronautics Operations
$ 2,006,900 $ 1,997,300
Summary by fund
General $ 1,000,000 $ 1,000,000
Airports $ 1,006,900 $ 997,300
$1,000,000 the first year and
$1,000,000 the second year is from the
general fund to gather and disseminate
weather information to both pilots and
the general public. This appropriation
is available only to the extent that
estimated receipts to the general sales
taxes paid on the sale of aircraft for
each year exceed the normal amount. By
September 30, 1985 and 1986, the
commissioners of finance and revenue
shall prepare revenue forecasts of
normal aircraft sales tax collections
based upon historical information and
adjusted for any changes in sales tax
rates. By January 31, 1986 and 1987,
the commissioner of finance shall
determine the actual sales tax
collected and the remaining estimated
collections for the balance of the
fiscal year. The commissioner of
finance shall allow the budgeting and
obligation of any amounts collected and
estimated for each year that are above
the forecast of normal historical
collections, up to the amount
appropriated.
$65,000 the first year and $65,000 the
second year is for the civil air
patrol. For the biennium ending June
30, 1987, the aeronautics division must
provide administrative, fiscal, and
personnel services to the civil air
patrol.
$10,000 the first year is for a grant
to the Minnesota historical society to
support the research and writing of a
Minnesota aviation history book.
(b) Aeronautics Development and Assistance
$ 9,365,600 $ 9,285,600
$1,014,800 the first year and
$1,021,900 the second year is for
navigational aids.
$5,545,700 the first year and
$5,568,800 the second year is for
airport construction grants.
$1,617,000 the first year and
$1,617,000 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. The appropriations
for construction grants and maintenance
grants must be expended only for
grant-in-aid programs for airports that
are not state owned.
These appropriations must be expended
in accordance with Minnesota Statutes,
section 360.305, subdivision 4.
The commissioner of transportation may
transfer unencumbered balances among
the appropriations for aeronautics
development and assistance with the
approval of the governor after
consultation with the legislative
advisory commission.
$7,700 the first year and $8,000 the
second year is for maintenance of the
Pine Creek Airport.
$60,000 the first year is to support
paving the apron and connecting taxiway
at the Pine Creek Airport, to be
available until expended.
(c) Air Transportation Services
$ 641,700 $ 41,300
$123,300 the first year and $124,500
the second year is for transfer from
the state airports fund to the air
transportation services account for
pilot salaries.
$600,000 of the unencumbered balance in
the hangar construction revolving
account is canceled to the state
airports fund, to purchase an aircraft.
The commissioner of transportation
shall not expend money for pilot
uniforms.
During the biennium ending June 30,
1987, the commissioner of
transportation shall continue the
position of state air dispatcher.
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 and the state
airports fund made in this section. No
transfer may be made from the
appropriation for trunk highway
development. No transfer may be made
from the appropriations for debt
service to any other appropriation.
Transfers may not be made between funds.
Transfers must be reported immediately
to the committee on finance of the
senate and the committee on
appropriations of the house of
representatives.
Subd. 10. Contingent Appropriations
(a) The commissioner of transportation,
with the approval of the governor after
consultation with the legislative
advisory commission, may transfer all
or part of the unappropriated balance
in the state airports fund to an
appropriation for state airports
purposes in order to meet an emergency
or to take advantage of an
unanticipated receipt of income to the
state airports fund. The amount
transferred is appropriated for the
purpose of the account to which it is
transferred.
(b) The commissioner of transportation,
with the approval of the governor after
consultation with the legislative
advisory commission, may transfer all
or part of the unappropriated balance
in the trunk highway fund to an
appropriation for trunk highway
purposes in order to meet an emergency
or to take advantage of an
unanticipated receipt of income to the
trunk highway fund. The amount
transferred is appropriated for the
purpose of the account to which it is
transferred.
Sec. 3. TRANSPORTATION
REGULATION BOARD 465,400 470,400
Approved Complement - 8
This appropriation is from the trunk
highway fund.
Sec. 4. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 78,723,900 75,672,200
1986 1987
Approved Complement - 1,666.4 1,666.4
General - 354.2 354.2
Special - 1.0 1.0
Trunk Highway - 1,059.3 1,059.3
Highway User - 177.6 177.6
Federal - 40.3 40.3
Internal Service - 34.0 34.0
The above approved complement includes
511 for state-funded, unclassified
patrol officers and supervisors of the
state 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 must be
reduced accordingly.
No new state patrol supervisory
positions may be established, with the
exception of special duty assigned
ranks for the length of assignment only.
Summary by Fund
General $ 17,513,400 $ 17,693,000
Trunk Highway $ 48,766,800 $ 47,578,000
Highway User $ 12,443,700 $ 10,401,200
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Administration and Related
Services
$ 2,892,400 $ 2,869,500
Summary by Fund
General $ 65,700 $ 52,500
Trunk Highway $ 2,826,700 $ 2,817,000
Film rental fees shall be set by rule
at rates determined so as to collect
$40,000 the first year and $40,000 the
second year of the biennium.
Subd. 3. Emergency Services
$ 752,800 $ 745,000
$253,300 the first year and $244,700
the second year is for nuclear plant
preparedness. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year of the biennium.
Subd. 4. Criminal Apprehension
$ 10,309,900 $ 10,125,000
Summary by Fund
General $ 9,303,100 $ 9,422,100
Trunk Highway $ 1,006,800 $ 702,900
$221,300 the first year and $223,300
the second year is for use by the
bureau of criminal apprehension for the
purpose of investigating
cross-jurisdictional criminal
activity. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year of the biennium.
$63,900 the first year and $64,100 the
second year is for the bureau of
criminal apprehension to continue to
provide in-service training for peace
officers on a regional basis.
$171,000 the first year and $171,000
the second year is for grants to local
officials for the cooperative
investigation of cross-jurisdictional
criminal activity. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year of the biennium.
$38,000 the first year and $38,000 the
second year is for reimbursing
political subdivisions for training
peace officers and firefighters in the
conduct of arson investigations.
Any unliquidated balance of data
processing development money remaining
in the first year does not cancel but
is available for the second year of the
biennium.
Subd. 5. Fire Safety
$ 1,635,800 $ 1,652,100
$12,300 the first year and $12,400 the
second year is for reimbursing
political subdivisions who enter into
agreements to perform uniform fire code
inspections.
Subd. 6. State Patrol
$ 33,100,500 $ 32,108,800
This appropriation is from the trunk
highway fund.
$1,200,000 the first year is to
purchase mobile repeater units for
state patrol trooper vehicles
throughout the state.
The commissioner may assign up to ll
pilots to the air patrolling of
highways.
This appropriation provides sufficient
money to operate the mobile
truck-weighing program on a 12-month
basis.
No more than five positions in the
state patrol support activity may be
filled by state troopers.
The commissioner may not require the
use of gasohol in the operation of
state patrol vehicles.
Subd. 7. Capitol Security
$ 349,000 $ 349,400
This appropriation is for executive
protection and is from the general fund.
Subd. 8. Driver and Vehicle Licensing
$ 28,249,900 $ 26,328,000
Summary by Fund
General $ 3,973,400 $ 3,977,500
Trunk Highway $ 11,832,800 $ 11,949,300
Highway User $ 12,443,700 $ 10,401,200
$500,000 the first year and $500,000
the second year is for alcohol
assessment reimbursements to counties.
$4,491,400 the first year and
$2,301,800 the second year are for the
manufacture of six-year plates. The
appropriation for this activity is from
the highway user fund. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Any unliquidated balance of data
processing development money remaining
in the first year does not cancel but
is available for the second year of the
biennium.
Subd. 9. Liquor Control
$ 644,200 $ 638,500
During the biennium ending June 30,
1987, the liquor control program must
concentrate its activities along the
border areas of Minnesota.
Subd. 10. Ancillary Services
$ 789,400 $ 855,900
$729,400 the first year and $794,800
the second year is for the crime
victims reparations board. Any
unencumbered balance remaining the
first year does not cancel but is
available for the second year of the
biennium.
$60,000 the first year and $61,100 the
second year is for the expenses of the
Private Detective and Protective Agency
Licensing Board.
The commissioner may enter into
agreements to lease-purchase equipment
only after presenting a report
detailing all the equipment and the
terms of the agreements to the chairs
of the house appropriations committee
and the senate finance committee. The
commissioner may not spend any money
unless the chairs have made their
recommendations. Recommendations are
advisory only.
Subd. 11. Transfers
The commissioner of public safety with
the approval of the commissioner of
finance may transfer unencumbered
balances not specified for a particular
purpose among the above programs within
a fund. Transfers must be reported
immediately to the committee on finance
of the senate and the committee on
appropriations of the house of
representatives.
Subd. 12. Reimbursements
(a) $449,900 for the first year and
$449,100 for the second year are
appropriated from the general fund for
transfer by the commissioner of finance
to the trunk highway fund on January 1,
1986 and January 1, 1987 respectively,
in order to reimburse the trunk highway
fund for expenses not related to the
fund. These represent amounts
appropriated out of the trunk highway
fund for general fund purposes in the
administration and related services
program.
(b) $417,700 for the first year and
$416,000 for the second year are
appropriated from the highway user tax
distribution fund for transfer by the
commissioner of finance to the trunk
highway fund on January 1, 1986 and
January 1, 1987 respectively, in order
to reimburse the trunk highway fund for
expenses not related to the fund.
These represent amounts appropriated
out of the trunk highway fund for
highway user fund purposes in the
administration and related services
program.
(c) $385,200 for the first year and
$389,100 for the second year are
appropriated from the highway user tax
distribution fund for transfer by the
commissioner of finance to the general
fund on January 1, 1986 and January 1,
1987 respectively, in order to
reimburse the general fund for expenses
not related to the fund. These
represent amounts appropriated out of
the general fund for operation of the
criminal justice data network related
to driver and motor vehicle licensing.
Sec. 5. AGRICULTURE
Subdivision 1. Total
Appropriation 16,233,200 16,537,300
Approved Complement - 487.8
General - 255.3
Special/Revolving - 216.5
Federal - 16
Summary by Fund
General $ 16,040,800 $ 16,338,700
Special $ 192,400 $ 198,600
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Agricultural Protection Service
$ 4,056,700 $ 4,043,500
$20,000 the first year is for the
establishment of an apiary inspection
program to locate and eradicate
tracheal mite infestations. The
commissioner is authorized to employ
seasonal apiary inspectors for this
purpose. Any unencumbered balance
remaining the first year does not
cancel but is available for the second
year of the biennium.
Subd. 3. Agricultural Promotion Service
$ 4,234,200 $ 4,507,600
Summary by Fund
General $ 4,041,800 $ 4,309,000
Special $ 192,400 $ 198,600
$192,400 the first year and $198,600
the second year is from the commodities
research and promotion account in the
special revenue fund.
$250,000 the first year and $250,000
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 semiannual progress reports
to the chairman of the senate finance
committee and the chairman of the house
appropriations committee.
$4,000,000 in fiscal year 1985 is for
transfer to the family farm security
account in the special revenue fund
created by Minnesota Statutes, section
41.61, subdivision 1, for the purpose
of paying lenders for defaulted loans.
$2,891,200 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. Up to 20 new loans
may be approved in fiscal year 1986.
Up to 48 new loans may be approved in
fiscal year 1987.
$70,500 the first year and $71,000 the
second year is for the farm crisis
assistance program. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 4. Administration and Financial
Aids Service
$ 2,913,300 $ 2,926,200
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
$ 19,200 $ 19,200
(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)
must be spent under 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)
must be spent under Minnesota Statutes,
section 17.07.
(g) Aid to county and district
agricultural societies
$ 257,600 $ 257,600
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) must be spent under
Minnesota Statutes, section 38.02.
Of the amounts appropriated by clause
(g), $900 each year is available for
agricultural aid to the Red Lake Band
of Chippewa Indians, to be spent 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
Of the amounts appropriated by clause
(h), $827 must 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.
$75,000 the first year and $75,000 the
second year is for a grant to the
Northern Crops Institute.
$30,500 the first year and $30,900 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 unexpended balance appropriated for
milk for manufacturing investment
reimbursements in Laws 1983, chapter
232, section 3, subdivision 1, does not
cancel and is reappropriated to the
commissioner and added to other
appropriations for the biennium ending
June 30, 1987, to develop and implement
the pilot county agricultural land
preservation program authorized by Laws
1984, chapter 654.
Subd. 5. Soil and Water Conservation
Board
$ 3,461,900 $ 3,483,900
$644,500 the first year and $664,200
the second year is for general purpose
grants in aid to soil and water
conservation districts.
$152,300 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.
The appropriations in this 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.
$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 must not
exceed 50 percent of total project
costs or 50 percent of the local share
if federal money is used. Priority
must 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 shall
establish and coordinate an interim
study group to examine the options
available for consolidating the
functions and responsibilities of the
soil and water conservation board,
water resources board, and southern
Minnesota rivers basin council under a
single entity. The study group shall
include: representatives of the
affected agencies; staff assigned by
the senate agriculture and natural
resources committee, house environment
and natural resources committee, and
house agriculture committee; and such
other representatives as the
commissioner considers necessary. The
commissioner shall report to the
legislature on October 15, 1985, on the
options examined and the recommended
course of action.
Subd. 6. Transfers
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 must be reported immediately
to the committee on finance of the
senate and the committee on
appropriations of the house of
representatives.
Subd. 7. International Trade
$ 1,567,100 $ 1,576,100
Sec. 6. BOARD OF ANIMAL HEALTH 1,468,100 1,471,400
Approved Complement - 36
This appropriation includes $37,800 the
first year and $39,900 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 must not be paid.
Sec. 7. COMMERCE
Subdivision 1. Total
Appropriation 8,311,700 8,335,900
Approved Complement - 225
General - 222
Special 3
Summary by Fund
General $ 8,084,100 $ 8,099,800
Special $ 227,600 $ 236,100
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Financial Examinations
$ 2,730,000 $ 2,733,000
Subd. 3. Registration and Licensing
$ 1,417,600 $ 1,429,100
Summary by Fund
General $ 1,190,000 $ 1,193,000
Special $ 227,600 $ 236,100
$227,600 the first year and $236,100
the second year 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. If the
appropriation from the special revenue
fund for either year is insufficient,
the appropriation for the other year is
available for it.
Subd. 4. Policy Analysis and Insurance
$ 1,666,500 $ 1,668,000
This appropriation includes $31,200 the
first year and $32,800 the second year
for costs associated with the assigned
risk plan review board.
Subd. 5. Administrative Services
$ 1,433,600 $ 1,440,700
Subd. 6. Enforcement
$ 1,064,000 $ 1,065,100
Subd. 7. Transfers
The commissioner with the approval of
the commissioner of finance may
transfer unencumbered balances not
specified for a particular purpose
among the above programs. Transfers
must be reported immediately to the
committee on finance of the senate and
the committee on appropriations of the
house of representatives.
Sec. 8. NON-HEALTH-RELATED BOARDS
Subdivision 1. Total for this
section 2,860,900 2,911,900
Subd. 2. Board of Abstractors 3,800 3,900
Subd. 3. Board of Accountancy 250,300 248,800
Approved Complement - 4
Subd. 4. Board of Architecture,
Engineering and Land Surveying 274,100 279,400
Approved Complement - 5
Subd. 5. Board of Barber
Examiners 119,100 120,300
Approved Complement - 3
Subd. 6. Board of Boxing 48,800 49,200
Approved Complement - 1.5
Subd. 7. Board of Electricity 734,200 734,000
Approved Complement - 18
Subd. 8. Board of Peace Officer
Standards and Training
General Operations and Management 1,430,600 1,476,300
Approved Complement - 9
$1,035,000 the first year and
$1,076,400 the second year is for peace
officers training under Minnesota
Statutes, section 626.86.
Sec. 9. PUBLIC UTILITIES
COMMISSION 1,321,200 1,325,200
Approved Complement - 29
The management analysis unit of the
department of administration in
cooperation with the public utilities
commission shall conduct a study of the
purposes, statutory obligations,
procedures, and the utilization of
staff that affect the efficiency of the
commission's operation. The study
should determine the effect of
statutory requirements, continued
deregulation of telephone service, and
alternative ways of organizing
commission and staff activities
including the roles of the chair and
the executive director on the workload
and efficient operation of the
commission. A report on these issues
must be completed by January 1, 1986,
and submitted to the chairs of the
regulated industries committees, the
agriculture, transportation, and
semi-state division of the house
appropriations committee, and the
agriculture, transportation, and
semi-states subcommittee of the senate
finance committee.
Sec. 10. PUBLIC SERVICE
Subdivision 1. Total
Appropriation 3,796,400 3,838,800
Approved Complement - 87
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Utility Regulation
$ 1,573,000 $ 1,578,000
Subd. 3. Weights and Measures
$ 1,709,000 $ 1,744,300
Subd. 4. Administrative Services
$ 514,400 $ 516,500
The director may enter into agreements
to lease-purchase equipment only after
presenting a report detailing all the
equipment and the terms of the
agreements to the chairs of the house
appropriations committee and the senate
finance committee. The director may
not spend any money unless the chairs
have made their recommendations.
Recommendations are advisory only.
Subd. 5. Transfers
The department of public service, with
the approval of the commissioner of
finance, may transfer unencumbered
balances not specified for a particular
purpose among the above programs.
Transfers must be reported immediately
to the committee on finance of the
senate and the committee on
appropriations in the house of
representatives.
Sec. 11. RACING COMMISSION 874,400 780,500
Approved Complement - 8
Sec. 12. CHARITABLE GAMBLING
CONTROL BOARD 500,000 500,000
Approved Complement - 12
Sec. 13. ETHICAL PRACTICES BOARD 198,500 200,000
Approved Complement - 5
Sec. 14. MINNESOTA MUNICIPAL
BOARD 214,400 216,600
Approved Complement - 4
Sec. 15. MINNESOTA-WISCONSIN
BOUNDARY AREA COMMISSION 72,900 76,800
Sec. 16. UNIFORM LAWS
COMMISSION 10,700 13,600
Sec. 17. VOYAGEURS NATIONAL
PARK CITIZENS COMMITTEE 56,200 57,700
Sec. 18. MINNESOTA HISTORICAL
SOCIETY
Subdivision 1. Total
Appropriation 9,148,900 9,221,700
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Minnesota Historical
Society Operations 8,321,500 8,440,900
$75,000 the second year is for design
and construction of exhibits for use in
the state history center and is
available only upon legislative
authorization of a state history center.
No more than $350,000 the first year
and $350,000 the second year may be
paid to the department of
administration for plant management
services.
This appropriation includes money for a
seven-day-a-week tour program in the
capitol and historical buildings. The
historical building must remain open
for public use on Saturdays. If
necessary, the Minnesota historical
society may adjust the remainder of the
weekday schedule.
The Minnesota historical society shall
make available at least 20 hours a week
of employment as a tour guide to one
person who is blind.
Any unencumbered balance remaining at
the end of the first year must be
returned to the state treasury and
credited to the general fund.
The appropriation in this subdivision
includes no money for compensation
increases. The Minnesota historical
society is eligible for a salary
supplement in the same manner as other
state agencies. The commissioner of
finance will determine the amount of
the salary supplement based on
available funds. Employees of the
Minnesota historical society will be
paid in accordance with the appropriate
pay plan.
The historical society shall report to
the chairs of the senate finance
committee and the house appropriations
committee by January 1, 1986,
concerning the number and location of
site visits and film inspections made
in accordance with Minnesota Statutes,
section 15.17.
Subd. 3. Repair and Betterment 324,300 324,300
$124,300 the first year and $124,300
the second year is for constructing
exhibits, audio visual materials, and
interpretive films at historic sites
statewide.
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year.
Subd. 4. Historic Grant-In-Aid 345,400 348,400
(a) Historic Preservation
$252,900 $ 252,900
For historic site grants to encourage
local historic preservation projects.
To be eligible for a grant, a county or
local project group must provide a 50
percent match, in accordance with the
historical society's guidelines.
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year.
(b) Archaeology
$ 26,500 $ 26,500
(c) Government Learning Center
$ 66,000 $ 69,000
This appropriation is for Project 120.
Subd. 5. Fiscal Agent 157,700 108,100
(a) Sibley House Association
$ 57,600 $ 58,000
This appropriation is available for
operation and maintenance of the Sibley
House and related buildings on the Old
Mendota state historic site owned by
the Sibley House association.
The historical society should seek an
agreement with the Sibley House
association whereby the historical
society will make payments to the
association for this purpose and will
provide the association with technical
assistance in applying for federal
grants.
Notwithstanding any other law, the
Sibley House association may purchase
fire, wind, hail, and vandalism
insurance, and insurance coverage for
fine art objects from this
appropriation.
(b) Minnesota Humanities Commission
$ 32,100 $ 32,100
(c) Minnesota International Center
$ 18,000 $ 18,000
(d) Camp Ripley Military Museum
$ 30,000
(e) Minnesota Air National Guard Museum
$ 20,000
(f) Balances Forward
Any unencumbered balance remaining in
this subdivision the first year does
not cancel but is available for the
second year of the biennium.
Sec. 19. BOARD OF THE ARTS 2,747,400 2,747,400
Approved Complement - 13
General - 10
Federal - 3
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) Administrative Services
$ 370,000 $ 370,000
(b) Subsidies and Grants
$ 2,377,400 $ 2,377,400
$93,800 the first year and $93,800 the
second year is for individual artist
grants. The board of the arts shall
report to the chairman of the senate
finance committee and the chairman of
the house appropriations committee by
January 1, 1986, concerning its success
at obtaining money from federal,
private, and other sources to match
state money appropriated for individual
artists grants.
$77,400 the first year and $77,400 the
second year is for arts in education.
$889,100 the first year and $889,100
the second year is for the support of
regional arts councils throughout the
state.
(c) Balances Forward
Any unencumbered balance remaining in
(a) or (b) the first year does not
cancel but is available for the second
year of the biennium.
Sec. 20. MINNESOTA HUMANE SOCIETY 48,000
State money must not be spent for the
care, feeding, housing, or disposal of
animals.
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
Sec. 21. MINNESOTA HORTICULTURAL
SOCIETY 67,900 67,900
Sec. 22. MINNESOTA ACADEMY
OF SCIENCE 20,500 20,600
Sec. 23. SCIENCE MUSEUM
OF MINNESOTA 409,500 432,600
Sec. 24. MINNESOTA SAFETY
COUNCIL 50,700 50,700
This appropriation is from the trunk
highway fund.
Sec. 25. DISABLED AMERICAN
VETERANS 25,000 25,000
For salaries, supplies, and expenses,
to be spent as provided by Laws 1941,
chapter 425.
Sec. 26. VETERANS OF FOREIGN
WARS 30,000 30,000
For carrying out the provisions of Laws
1945, chapter 455.
Sec. 27. GENERAL CONTINGENT 650,000 650,000
ACCOUNTS
The appropriations in this section must
be expended with the approval of the
governor after consultation with the
legislative advisory commission
pursuant to Minnesota Statutes, section
3.30.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Summary by Fund
Trunk Highway Fund
$ 400,000 $ 400,000
Highway User Tax Distribution Fund
$ 250,000 $ 250,000
Sec. 28. TORT CLAIMS 600,000 600,000
To be spent by the commissioner of
finance.
This appropriation is from the trunk
highway fund.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 29. [174.031] [JURISDICTION STUDIES.]
Subdivision 1. [STUDIES DIRECTED.] The commissioner of
transportation shall establish and direct a series of highway
jurisdiction studies at the regional and multicounty level. The
studies must be so designed and conducted as to constitute a
comprehensive review in each development region, as designated
under Minnesota Statutes, section 462.385, of the existing
ownership of all roads and proposed changes in jurisdiction of
those roads.
Subd. 2. [STUDY GUIDELINES.] (a) The commissioner shall
establish guidelines for the studies. The guidelines must
require that recommended jurisdictional changes in each study be
based on functional classification as modified by other factors,
which must include: level and type of commodities moved,
service to economic centers, load-bearing capacity, service to
state and local institutions, tourism function, constitutional
status, and other factors the commissioner deems necessary. The
guidelines must provide criteria for estimating the changes in
financial obligations that will accompany each transfer of
mileage under the jurisdiction proposals produced by the
studies. The guidelines must include requirements for extensive
consultation by the entities performing the studies with
officials of affected counties, cities, and towns and
requirements for public hearings on the completed jurisdiction
proposals resulting from the studies. The guidelines are not
subject to the administrative procedure act and must be
completed by July 30, 1985.
(b) To assist in formulating the guidelines, the
commissioner shall appoint an advisory committee, to serve
without compensation and to represent county, city, and town
governments.
Subd. 3. [STUDIES COMMISSIONED.] (a) On and after August
1, 1985, the commissioner shall enter into agreements with
regional development commissions by which the commissions will
conduct studies of highway jurisdiction in each region. The
studies must include:
(1) the jurisdiction of each road in the region;
(2) criteria for changes in jurisdiction, based on the
commissioner's guidelines;
(3) jurisdictional changes actually made since January 1,
1985;
(4) recommended changes in jurisdiction based on the
criteria;
(5) changes in financial obligations resulting from the
recommended jurisdictional change, based on the commissioner's
guidelines;
(6) estimated effects of the recommended jurisdictional
changes on highway staffing needs of each level of government in
the region; and
(7) estimated effects of the recommended jurisdictional
changes on law enforcement on the affected roads.
(b) In development regions where no regional development
commission is functioning, or where a regional development
commission declines to enter into an agreement to perform a
jurisdiction study, the jurisdiction study must be organized by
a district office of the department of transportation as
designated by the commissioner. A district office so designated
must act through the counties in the development region and
through other public agencies the commissioner directs. For
purposes of this section the metropolitan council is a regional
development commission.
(c) The agreements must provide that each entity
undertaking a study under this subdivision must produce and
present to the commissioner, not later than July 31, 1987, a
jurisdiction proposal for the region. Each jurisdiction
proposal must identify each instance where a proposed
jurisdictional change is based on a factor that deviates from
the commissioner's guidelines and explain the reasons for each
deviation.
(d) The commissioner shall pay not more than two-thirds of
the cost of each study.
Subd. 4. [STATE JURISDICTION PLAN.] (a) Using the
jurisdiction proposals presented under subdivision 3, the
commissioner shall present, not later than March 1, 1988, to the
legislature a statewide highway jurisdiction plan. The plan
must include:
(1) a compilation of all highway jurisdictional changes
actually made at all levels of government since January 1, 1985;
(2) all future jurisdictional changes recommended in the
jurisdiction proposals and approved by the commissioner;
(3) recommendations for changes in the statutory trunk
highway system needed to implement the recommended
jurisdictional changes;
(4) a recommendation as to the feasibility or desirability
of establishing a state jurisdictional transfer fund, including
if this fund is recommended, recommendations on control over the
fund, on amount of money made available to the fund, on highway
costs to be included in transfer payments made from the fund,
and on sources of revenue for the fund; and
(5) other statutory changes made necessary by the
recommended jurisdictional changes.
The commissioner may recommend, as an alternative to the
fund in clause (4), changes in the constitutional distribution
of highway user tax revenues.
(b) No recommended jurisdictional change in the plan may
require the upgrading of a road prior to a transfer as a
prerequisite for the transfer unless the upgrading is agreed to
by the affected units of government.
Subd. 5. [REPORTS.] The commissioner shall report to the
chairs of the committees on transportation of the senate and of
the house of representatives on the progress of activities under
this section, on or before August 1, 1985, and at least once
every six months thereafter, until February 1, 1988.
Sec. 30. [FARES; PLANS; REPORT.]
The regional transit board shall prepare, as part of the
implementation plan required by section 473.377, a statement of
the policies that will govern the imposition of user charges for
various types of transit service and the policies that will
govern decisions by the board to increase or change fares.
Following review by the council under section 473.377, the board
shall submit the plan to the 1987 session of the legislature,
along with its three-year financial plan. The three-year
financial plan must contain schedules of user charges and
changes in user charges required to implement the plan. During
the period beginning January 1, 1985, and ending January 1,
1988, total revenue from fares for all regular route service
must produce annually not less than 35 percent of total
operating costs for that service. During this period, whenever
the board's current financial plan shows, for any calendar year,
that total revenue from fares for all regular route service is
expected to be less than 35 percent of total operating cost for
that service, the board shall amend its fare policies to require
a change in fares that will bring fare revenue for that year
into conformance with this section.
Sec. 31. [HORSE MEDICATION EMERGENCY RULES; EFFECTIVE
DATE.]
The emergency rules proposed by the Minnesota racing
commission pursuant to Laws 1985, chapter 211, and published in
the State Register, volume 9, number 50, June 10, 1985, are
effective on that date without further administrative action.
These emergency rules expire on the date that emergency rules
adopted by the commission under the administrative procedure act
are effective.
Sec. 32. [PROVIDING STATE-PAID INSURANCE FOR CERTAIN
RETIRED EMPLOYEES.]
Subdivision 1. Notwithstanding other provisions of law,
employees of the livestock weighing and licensing division of
the department of agriculture who are eligible for retirement
under the rule of 85 and who voluntarily retire before age 65
shall be eligible for state-paid insurance coverages to which
they were entitled at the time of their voluntary retirement.
To be eligible under this provision, employees who were eligible
to retire under the rule of 85 prior to the effective date of
this section and had not retired must exercise their option to
retire on or before June 28, 1985. Employees who become
eligible between the effective date of this section and June 30,
1986, must exercise their option to retire within 30 days of the
date they become eligible for retirement under the rule of 85.
State-paid insurance coverage shall cease when the employee
reaches age 65 or becomes eligible for similar paid benefits
under other employment.
Subd. 2. This section is repealed June 30, 1986.
Sec. 33. [HYDROELECTRIC PLANTS; ST. CLOUD AND HASTINGS.]
The cities of Hastings and St. Cloud acting through their
governing bodies may exercise any or all of the powers granted
in Minnesota Statutes, sections 453.51 to 453.62, with respect
to hydroelectric generating plants within their boundaries,
whether or not electricity generated at the plants is
distributed locally. The provisions of Minnesota Statutes,
section 453.54, subdivision 20, shall not apply to the
hydroelectric generating plants. The hydroelectric generating
plants may be acquired and constructed without advertising for
bids, preparing final plans and specifications in advance of
construction or acquisition.
Sec. 34. [3.981] [DEFINITIONS.]
Subdivision 1. [SCOPE.] The terms used in sections 3.981
to 3.983 and 14.131 have the meanings given them in this section.
Subd. 2. [COSTS MANDATED BY THE STATE.] "Costs mandated by
the state" means increased costs that a local agency or a school
district is required to incur as a result of:
(a) a law enacted after June 30, 1985, which mandates a new
program or an increased level of service of an existing program;
(b) an executive order issued after June 30, 1985, which
mandates a new program;
(c) an executive order issued after June 30, 1985, which
implements or interprets a state statute and, by this
implementation or interpretation, increases program levels above
the levels required before July 1, 1985;
(d) a statute enacted after June 30, 1985, or executive
order issued after June 30, 1985, which implements or interprets
a federal statute or regulation and, by this implementation or
interpretation, increases program or service levels above the
levels required by this federal statute or regulation;
(e) a statute enacted after June 30, 1985, or executive
order issued after June 30, 1985, which implements or interprets
a statute or amendment adopted or enacted pursuant to the
approval of a statewide ballot measure by the voters and, by
this implementation or interpretation, increases program or
service levels above the levels required by the ballot measure;
(f) a statute enacted after June 30, 1985, or executive
order issued after June 30, 1985, which removes an option
previously available to local agencies and thus increases
program or service levels or prohibits a specific activity and
so forces local agencies to use a more costly alternative to
provide a mandated program or service;
(g) a statute enacted after June 30, 1985, or executive
order issued after June 30, 1985, which requires that an
existing program or service be provided in a shorter time period
and thus increases the cost of the program or service;
(h) a statute enacted after June 30, 1985, or executive
order issued after June 30, 1985, which adds new requirements to
an existing optional program or service and thus increases the
cost of the program or service as the local agencies have no
reasonable alternatives other than to continue the optional
program;
(i) a statute enacted after June 30, 1985, or executive
order issued after June 30, 1985, which creates new revenue
losses stemming from new property or sales and use tax
exemptions; or
(j) a statute enacted after June 30, 1985, or executive
order issued after June 30, 1985, which requires costs
previously incurred at local option that have subsequently been
mandated by the state.
Subd. 3. [EXECUTIVE ORDER.] "Executive order" means an
order, plan, requirement, or rule issued by the governor, an
official serving at the pleasure of the governor, or an agency,
department, board, or commission of state government.
"Executive order" does not include an order, plan, requirement,
or rule issued by a regional water quality control board.
Subd. 4. [LOCAL AGENCY.] "Local agency" means a home rule
charter or statutory city, county, town, or special district.
Subd. 5. [MANDATE.] A "mandate" means a requirement which
applies to a local agency or school district and which, if not
complied with, results in civil liability, criminal penalty,
substantial economic sanction such as loss of funding, or severe
administrative sanctions such as closure or nonlicensure of a
facility or program. "To mandate" means to impose such a
requirement.
Subd. 6. [REQUIRING AN INCREASED LEVEL OF
SERVICE.] "Requiring an increased level of service" includes
requiring that an existing service be provided in a shorter time.
Subd. 7. [RULE.] "Rule" means a rule, order, or standard
of general application adopted by a state agency to implement,
interpret, or make specific the law it enforces or administers
or to govern its procedure. "Rule" includes an amendment to a
rule. "Rule" does not include rules that relate only to the
internal management of a state agency.
Subd. 8. [SAVINGS.] "Savings" includes budget reductions
and the freeing of staff or resources to be reassigned to a
local agency's or school district's other areas of concern.
Subd. 9. [SCHOOL DISTRICT.] "School district" includes
school districts, community college districts, and county
superintendents of schools.
Sec. 35. [3.982] [FISCAL NOTES FOR STATE-MANDATED
ACTIONS.]
When the state proposes to mandate that a local agency or
school district take an action, and when reasonable compliance
with that action would force the local agency or school district
to incur costs mandated by the state, a fiscal note shall be
prepared as provided in section 3.98, subdivision 2 and shall be
made available to the public upon request. If the action is
among the exceptions listed in section 3.983, a fiscal note need
not be prepared.
When a bill proposing a mandate is introduced and referred
to a standing committee, the chairman of the standing committee
to which the bill is referred shall request the appropriate
state agency or department to prepare a fiscal note before the
bill is heard in the committee. Before a proposed mandate is
issued in an executive order, the governor or appropriate agency
head assigned by the governor shall prepare the fiscal note and
make it available to the public.
Sec. 36. [3.983] [EXCEPTIONS TO FISCAL NOTES.]
Subdivision 1. [COSTS RESULTING FROM INFLATION.] A fiscal
note need not be prepared for increases in the cost of providing
an existing service if the increases result directly from
inflation. "Resulting directly from inflation" means
attributable to maintaining an existing level of service rather
than increasing the level of service. A cost-of-living increase
in welfare benefits is an example of a cost resulting directly
from inflation.
Subd. 2. [COSTS NOT RESULT OF NEW PROGRAM OR INCREASED
SERVICE.] A fiscal note need not be prepared for increased local
costs that do not result from a new program or an increased
level of service.
Subd. 3. [MISCELLANEOUS EXCEPTIONS.] A fiscal note need
not be prepared for the cost of a mandated action if the law
containing the mandate:
(a) accommodates a specific local request;
(b) results in no new local government duties;
(c) leads to revenue losses from exemptions to taxes other
than sales, use, or property taxes;
(d) provides only clarifying or conforming, nonsubstantive
changes on local government;
(e) imposes additional net local costs which are minor
(less than $200 for any single local government if the mandate
does not apply statewide or less than one-tenth of a mill times
the entire value of taxable property in the state if the mandate
is statewide) and do not cause a financial burden on local
government;
(f) is a legislative mandate or executive order enacted
before July 1, 1985, or a regulation initially implementing
legislation enacted before July 1, 1985;
(g) implements something other than a state statute or
executive order, such as a federal, court, or voter-approved
mandate;
(h) appears in rules that are permissive or discretionary
in nature;
(i) defines a new crime or redefines an existing crime or
infraction;
(j) provides, or falls within the purview of existing,
revenue sources or other financing mechanisms; or
(k) results in savings that equal or exceed costs.
Sec. 37. Minnesota Statutes 1984, section 12.14, is
amended to read:
12.14 [ASSESSMENT FOR NUCLEAR SAFETY PREPAREDNESS ACT.]
Any person, firm, corporation or association in the
business of owning or operating a nuclear fission electrical
generating plant located in Minnesota, shall pay an assessment
to cover the cost of nuclear power plant emergency response
plans and other programs necessary to deal with incidents
resulting from the operation of nuclear fission electrical
generating plants. An assessment of $100,000 $75,000 per plant
shall be paid to the commissioner of public safety on July 1 of
each year.
Sec. 38. Minnesota Statutes 1984, section 14.131, is
amended to read:
14.131 [STATEMENT OF NEED AND REASONABLENESS.]
Before the agency orders the publication of a rulemaking
notice required by section 14.14, subdivision 1a, the agency
must prepare, review, and make available for public review a
statement of the need for and reasonableness of the rule and a
fiscal note if required by section 3.982. The statement of need
and reasonableness must be prepared under rules adopted by the
chief administrative law judge.
Sec. 39. Minnesota Statutes 1984, section 15.0591,
subdivision 2, is amended to read:
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) (21) Minnesota office of volunteer services advisory
committee;
(23) (22) Minnesota state arts board;
(24) (23) mortuary sciences advisory council;
(25) (24) nursing board;
(26) (25) optometry board;
(27) (26) pharmacy board;
(28) (27) physical therapists council;
(29) (28) podiatry board;
(30) (29) psychology board;
(31) (30) veterans advisory committee.
Sec. 40. Minnesota Statutes 1984, section 15A.081,
subdivision 1, is amended to read:
15A.081 [SALARIES AND SALARY RANGES FOR CERTAIN EMPLOYEES.]
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 human services;
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 administrative law judge; 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;
Chair, metropolitan council
Chair, regional transit board
Commissioner of human rights; $40,000-$52,500
Director, department of public service;
Commissioner of veterans' affairs;
Director, bureau of mediation services;
Commissioner, public utilities commission;
Member, transportation regulation board;
Director, zoological gardens.
Sec. 41. Minnesota Statutes 1984, section 15A.081,
subdivision 7, is amended to read:
Subd. 7. [PART-TIME METROPOLITAN OFFICERS.] 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 -0-
Chairman, regional
transit board -0- 46,000
Chairman, metropolitan
waste contol
commission 18,500 20,000
The governor shall set the salary rate within the range set
forth below for the following part-time positions, upon approval
of the legislative commission on employee relations and the
legislature as provided by section 43A.18, subdivisions 2 and 5:
Effective
July 1, 1985
Chair, metropolitan airports
commission $15,000-$25,000
Chair, metropolitan waste control
commission
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. 42. [17.038] [STATISTICAL SERVICES ACCOUNT.]
The statistical services account is established in the
state treasury. All payments for statistical services performed
by the agricultural statistics division of the department of
agriculture must be deposited in the state treasury and credited
to the statistical services account. The money in the account
is appropriated to the commissioner of agriculture to administer
the programs of the agricultural statistics division.
Sec. 43. Minnesota Statutes 1984, section 17.717, is
amended by adding a subdivision to read:
Subd. 1a. [FERTILIZER INSPECTION ACCOUNT.] A fertilizer
inspection account is established in the state treasury. The
commissioner shall deposit all fees and penalties collected
under sections 17.711 to 17.729 in the fertilizer inspection
account. Money in that account, including interest earned and
any money appropriated for the purposes of sections 17.711 to
17.729, is annually appropriated to the commissioner for the
administration and enforcement of sections 17.711 to 17.729.
Sec. 44. Minnesota Statutes 1984, section 17A.10,
subdivision 2, is amended to read:
Subd. 2. [STATE LIVESTOCK WEIGHMASTERS.] The commissioner
shall 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 the business entity requesting
official state livestock weighing. State livestock weighmasters
shall weigh all livestock coming to these places for sale, keep
a record of the weights, and furnish the interested parties a
certificate of state weight stating the number of animals
weighed and the weight of the animals. The certificate is prima
facie evidence of the facts certified. 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 gives the commissioner a written notice of
intent to terminate at least 90 360 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.
Sec. 45. Minnesota Statutes 1984, section 17A.11, as
amended by Laws 1985, chapter 241, section 1, is amended to read:
17A.11 [FEES FOR LIVESTOCK WEIGHING.]
The commissioner shall prescribe the fee necessary to cover
the cost of state weighing, to be assessed and collected from
the seller in the manner the commissioner may prescribe. The
fee assessed must be the same, and the manner of collection of
the fee must be uniform at all facilities. At any location
where state weighing is performed in accordance with this
chapter and the total annual fees collected are insufficient to
pay the cost of the weighing, the annual deficit shall be
assessed and collected in the manner the commissioner may
prescribe. Additional money arising from the weighing of
animals by the commissioner, which has been collected and
retained by any person, shall be paid on demand to the
commissioner. All 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. 46. Minnesota Statutes 1984, section 25.39,
subdivision 4, is amended to read:
Subd. 4. [COMMERCIAL FEED INSPECTION ACCOUNT.] Fees
collected shall be deposited in the state treasury and credited
to the general fund. The costs of inspections, sampling, and
analysis shall be paid from the appropriations made to the
department of agriculture. A commercial feed inspection account
is established in the state treasury. Fees and penalties
collected under sections 25.35 to 25.44 must be deposited in the
state treasury and credited to the commercial feed inspection
account. Money in that account, including interest earned and
money appropriated for the enforcement and administration of
sections 25.35 to 25.44, is annually appropriated to the
commissioner for the administration and enforcement of sections
25.35 to 25.44.
Sec. 47. Minnesota Statutes 1984, section 40.03,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERS.] There is hereby established, to
serve as an agency within the department of agriculture and to
perform the functions conferred upon it in this chapter, the
state soil and water conservation board to be composed of 12
members, seven of whom shall be elected supervisors and the
following five ex-officio members: The director of the
agricultural extension service of the University of Minnesota;
the dean deputy vice president of the Institute of Agriculture,
Forestry, and Home Economics of the University of Minnesota; the
director of the pollution control agency; the commissioner of
agriculture; and the commissioner of natural resources. Each
ex-officio member may designate a person within his organization
to act in his stead as a member of the state board, with all his
rights and privileges. The designation shall be filed with the
secretary of state. The state board shall invite the state
conservationist of the United States soil conservation service
to serve as an advisory member. The state board may also invite
a representative of the state association of soil and water
conservation districts, the association of Minnesota counties,
the league of Minnesota cities and any other organizations and
appropriate agencies deemed necessary to serve as advisory
members. The seven members of the state board who are elected
supervisors shall be appointed by the governor. In making these
appointments the governor may consider persons recommended by
the state association of soil and water conservation district.
One member shall be appointed from each of the state soil and
water conservation board administrative regions.
Sec. 48. Minnesota Statutes 1984, section 43A.18,
subdivision 5, is amended to read:
Subd. 5. [GOVERNOR TO RECOMMEND CERTAIN SALARIES.] The
governor shall, on or before July 1 of each odd numbered year,
submit to the legislative commission on employee relations
recommendations for salaries within the salary range for the
positions listed in section 15A.081, subdivision subdivisions 1
and 7. The governor may also propose additions or deletions of
positions from those listed.
(a) Before submitting the recommendations, the governor
shall consult with the commissioner of administration, the
commissioner of finance, and the commissioner of employee
relations concerning the recommendations.
(b) In making recommendations, the governor shall consider
only those criteria established in subdivision 8 and shall not
take into account performance of individual incumbents. The
governor shall establish an objective system for quantifying
knowledge, abilities, duties, responsibilities and
accountabilities and in determining recommendations rate each
position by this system.
(c) Before the governor's recommended salaries take effect,
the recommendations shall be reviewed and approved, rejected or
modified by the legislative commission on employee relations and
the legislature in the same manner as provided for the
commissioner's plan in subdivision 2. The governor may also at
any time propose changes in the salary rate of any positions
covered by this subdivision, which shall be submitted and
approved in the same manner as provided in this subdivision.
(d) The initial salary of a head of an agency or a chair of
a metropolitan board or commission hereafter established whose
salary is not specifically prescribed by law shall be fixed by
the governor, after consultation with the commissioner, whose
recommendation shall be advisory only, in an amount comparable
to the salary of an agency head or commission chair having
similar duties and responsibilities.
Sec. 49. Minnesota Statutes 1984, section 60A.02,
subdivision 7, is amended to read:
Subd. 7. [INSURANCE AGENT OR INSURANCE AGENCY.] An
"insurance agent" or "insurance agency" is a person acting under
express authority from, and an appointment pursuant to section
60A.17 by, an insurer and on its behalf to solicit insurance, or
to appoint other agents to solicit insurance, or to write and
countersign policies of insurance, or to collect premiums
therefor within this state, or to exercise any or all these
powers when so authorized by the insurer. The term "person"
includes a natural person, a partnership, or a corporation, or
other entity, including an insurance agency.
Sec. 50. Minnesota Statutes 1984, section 60A.10, is
amended to read:
60A.10 [DEPOSITS.]
Subdivision 1. [DOMESTIC COMPANIES.] (1) [DEPOSIT AS
SECURITY FOR ALL POLICYHOLDERS REQUIRED.] No company in this
state, other than farmers' mutual, or real estate title
insurance companies, shall do business in this state unless it
has on deposit with the commissioner, for the protection of both
its resident and nonresident policyholders, securities to an
amount, the actual market value of which, exclusive of interest,
shall never be less than $100,000 $200,000 until July 1, 1986,
$300,000 until July 1, 1987, $400,000 until July 1, 1988, and
$500,000 on and after July 1, 1988. The securities shall be
retained under the control of the commissioner as long as any
policies of the depositing company remain in force.
(2) [SECURITIES DEFINED.] For the purpose of this
subdivision, the word "securities" means bonds or other
obligations of, or bonds or other obligations insured or
guaranteed by, the United States, any state of the United
States, any municipality of this state, or any agency or
instrumentality of the foregoing.
(3) [PROTECTION OF DEPOSIT FROM LEVY.] No judgment creditor
or other claimant may levy upon any securities held on deposit
with, or for the account of, the commissioner. Upon the entry of
an order by a court of competent jurisdiction for the
rehabilitation, liquidation or conservation of any depositing
company as provided in chapter 60B, that company's deposit
together with any accrued income thereon shall be transferred to
the commissioner as rehabilitator, liquidator, or conservator.
Subd. 2. [LIKE REQUIREMENT FOR FOREIGN COMPANIES.] Any
insurance company of any other state of the United States may
file with the commissioner a certificate of the insurance
commissioner of the other state that, as such officer, he holds
in trust and on deposit for the benefit of all the policyholders
of the company a deposit of not less than $100,000 an amount not
less than that required by subdivision 1 in par value of such
securities as are required or permitted to be deposited with him
by the laws of that state, these securities to be of the
character in which insurance companies are authorized to invest
under the laws of his state, stating the items of the securities
so held, and that he is satisfied that these securities are
worth $100,000 the value so certified. No deposit shall be
required in this state while the deposit, so certified, remains.
Subd. 2a. [SPECIAL DEPOSITS.] The commissioner may require
a special deposit of an individual foreign insurer for the
protection of its Minnesota policyholders or claimants. The
special deposit may be required, to a maximum amount of
$500,000. In the event of the filing of a delinquency petition
against the insurer in Minnesota, the deposit is subject to
chapters 60B, 60C, and 61A.
Subd. 3. [DEPOSITS IN COMPLIANCE WITH OTHER LAWS OR OF
FOREIGN COMPANIES.] The commissioner shall receive and hold in
official trust deposits made by any domestic company in
compliance with the laws of any other state, to enable it to do
business in that state, and in like manner hold deposits made by
a foreign company under any law of this state. The company
making the deposit shall be entitled to the income thereof and,
from time to time, with his consent, when not inconsistent with
the law under which it was made, may exchange, in whole or in
part, the securities composing the deposit for other approved
securities of equal value. Upon application by a domestic
company, he may return the whole or any portion of the
securities so deposited by it, if satisfied that they are
subject to no liability. Upon like application, he may return
to a foreign company any deposit made by it when it appears that
the company has ceased to do business in this state or the
United States, and he is satisfied that it is not subject to any
liability in this state, or upon the order of any court of
competent jurisdiction. A foreign company which has made a
deposit, its trustees, receiver, resident manager, or any
creditor or policyholder thereof, may, at any time, institute in
the district court of Ramsey county an action against the state
and other proper parties to enforce and terminate the trust
created by the deposit. The commissioner shall immediately
notify the governor of the action, and furnish the necessary
information to answer in behalf of the state, and shall carry
out such order and decree as the court shall make therein.
Subd. 4. [SAFEKEEPING OF SECURITIES ON DEPOSIT.] No later
than July 1, 1975, all securities held on deposit with the
commissioner pursuant to the laws of this state, or in
accordance with an order of the commissioner, shall be deposited
for the account of the commissioner in such state or national
bank in this state as the depositing insurer may designate and
the commissioner may approve. Said deposits shall be made and
maintained in accordance with a custodial agreement between the
bank and the depositing insurer in a form approved by the
commissioner which shall provide as a minimum that (1) the fees
of the custodian are to be the obligation of the depositing
insurer, and (2) there shall be no exchange, release or transfer
of any deposited security unless the commissioner has assented
thereto in writing. Securities evidenced by the Federal Reserve
book entry system may be deposited in the name of the
commissioner of commerce for the benefit of all policyholders of
the depositor.
Subd. 6. [RULES AND REGULATIONS.] The commissioner of
commerce shall have the power to make such rules and regulations
as may be necessary for the execution of the functions vested in
him by subdivisions 3 and 4 this section.
Sec. 51. Minnesota Statutes 1984, section 60A.131,
subdivision 1, is amended to read:
Subdivision 1. Every If requested by the commissioner, an
insurance company authorized to do business in this state shall
disclose to the commissioner any changes in the principal
management and directors of the company from that listed on page
one of the annual statement within ten days of such change.
Sec. 52. Minnesota Statutes 1984, section 60A.17,
subdivision 1a, is amended to read:
Subd. 1a. [LICENSE APPLICATION.] (a) [PROCEDURE.] An
application for a license to act as an insurance agent shall be
made to the commissioner by the person who seeks to be
licensed. The application for license shall be accompanied by a
written appointment from an admitted insurer authorizing the
applicant to act as its agent under one or both classes of
license. The insurer must also submit its check payable to the
state treasurer for the amount of the appointment fee prescribed
by section 60A.14, subdivision 1, paragraph (c), clause (9) at
the time the agent becomes licensed. The application and
appointment shall be on forms prescribed by the commissioner.
If the applicant is a natural person, no license shall be
issued until that natural person has become qualified.
If the applicant is a partnership or corporation, no
license shall be issued until at least one natural person who is
a partner, director, officer, stockholder, or employee shall be
licensed as an insurance agent.
(b) [RESIDENT AGENT.] The commissioner shall issue a
resident insurance agent's license to a qualified resident of
this state as follows:
(1) A person may qualify as a resident of this state if
that person resides in this state or the principal place of
business of that person is maintained in this state.
Application for a license claiming residency in this state for
licensing purposes, shall constitute an election of residency in
this state. Any license issued upon an application claiming
residency in this state shall be void if the licensee, while
holding a resident license in this state, also holds, or makes
application for, a resident license in, or thereafter claims to
be a resident of, any other state or jurisdiction or if the
licensee ceases to be a resident of this state; provided,
however, if the applicant is a resident of a community or trade
area, the border of which is contiguous with the state line of
this state, the applicant may qualify for a resident license in
this state and at the same time hold a resident license from the
contiguous state;
(2) The commissioner shall subject each applicant who is a
natural person to a written examination as to the applicant's
competence to act as an insurance agent. The examination shall
be held at a reasonable time and place designated by the
commissioner;
(3) The examination shall be approved for use by the
commissioner and shall test the applicant's knowledge of the
lines of insurance, policies, and transactions to be handled
under the class of license applied for, of the duties and
responsibilities of the licensee, and pertinent insurance laws
of this state;
(4) The examination shall be given only after the applicant
has completed a program of classroom studies in a school, which
shall include a school conducted by an admitted insurer, a
correspondence course given by an admitted insurer, or other
course of study. The course of study shall consist of the
equivalent of 45 30 hours of classroom study for each line for
which a license application is made. After January 1,
1982, devoted to the basic fundamentals of insurance for those
seeking a Minnesota license for the first time, 15 hours devoted
to specific life and health topics for those seeking a life and
health license, and 15 hours devoted to specific property and
casualty topics for those seeking a property and casualty
license. The program of studies or study course shall have been
approved by the commissioner in order to qualify under this
clause. If the applicant has been previously licensed for the
particular line of insurance in the state of Minnesota, the
requirement of a program of studies or a study course shall be
waived. A certification of compliance by an admitted insurer
the organization offering the course shall accompany the agent's
applicant's license application. This program of studies in a
school or a study course shall not apply to farm property perils
and farm liability applicants, or to agents writing such other
lines of insurance as the commissioner may exempt from
examination by order;
(5) The applicant must pass the examination with a grade
determined by the commissioner to indicate satisfactory
knowledge and understanding of the class or classes of insurance
for which the applicant seeks qualification. The commissioner
shall inform the applicant as to whether or not the applicant
has passed;
(6) An applicant who has failed to pass an examination may
take subsequent examinations. Examination fees for subsequent
examinations shall not be waived; and
(7) Any applicant for a license covering the same class or
classes of insurance for which the applicant was licensed under
a similar license in this state, other than a temporary license,
within the three years preceding the date of the application
shall be exempt from the requirement of a written examination,
unless the previous license was revoked or suspended by the
commissioner.
(c) [NONRESIDENT AGENT.] The commissioner shall issue a
nonresident insurance agent's license to a qualified person who
is a resident of another state or country as follows:
(1) A person may qualify for a license under this section
as a nonresident only if that person holds a license in another
state, province of Canada, or other foreign country which, in
the opinion of the commissioner, qualifies that person for the
same activity as that for which a license is sought;
(2) The commissioner shall not issue a license to any
nonresident applicant until that person files with the
commissioner a designation of the commissioner and the
commissioner's successors in office as the applicant's true and
lawful attorney upon whom may be served all lawful process in
any action, suit, or proceeding instituted by or on behalf of
any interested person arising out of the applicant's insurance
business in this state. This designation shall constitute an
agreement that this service of process is of the same legal
force and validity as personal service of process in this state
upon that applicant.
Service of process upon any licensee in any action or
proceeding commenced in any court of competent jurisdiction of
this state may be made by serving the commissioner with
appropriate copies of the process along with payment of the fee
pursuant to section 60A.14, subdivision 1, paragraph (c), clause
(4). The commissioner shall forward a copy of the process by
registered or certified mail to the licensee at the last known
address of record or principal place of business of the
licensee; and
(3) A nonresident license shall terminate automatically
when the resident license for that class of license in the
state, province, or foreign country in which the licensee is a
resident is terminated for any reason.
(d) [DENIAL.] (1) If the commissioner finds that an
applicant for a resident or nonresident license has not fully
met the requirements for licensing, the commissioner shall
refuse to issue the license and shall promptly give written
notice to both the applicant and the appointing insurer of the
denial, stating the grounds for the denial. All fees which
accompanied the application and appointment shall be deemed
earned and shall not be refundable.
(2) The commissioner may also deny issuance of a license
for any cause that would subject the license of a licensee to
suspension or revocation. If a license is denied pursuant to
this clause, the provisions of section 60A.17, subdivision 6c,
paragraph (c) apply.
(3) The applicant may make a written demand upon the
commissioner for a hearing within 30 days of the denial of a
license to determine whether the reasons stated for the denial
were lawful. The hearing shall be held pursuant to chapter 14.
(e) [TERM.] All licenses issued pursuant to this section
shall remain in force until voluntarily terminated by the
licensee, not renewed as prescribed in section 60A.17,
subdivision 1d, or until suspended or revoked by the
commissioner. A voluntary termination shall occur when the
license is surrendered to the commissioner with the request that
it be terminated or when the licensee dies, or when the licensee
is dissolved or its existence is terminated. In the case of a
nonresident license, a voluntary termination shall also occur
upon the happening of the event described in paragraph (c),
clause (3).
Every licensed agent shall notify the commissioner within
30 days of any change of name, address, or information contained
in the application.
(f) [SUBSEQUENT APPOINTMENTS.] A person who holds a valid
agent's license from this state may solicit applications for
insurance on behalf of an admitted insurer with which the
licensee does not have a valid appointment on file with the
commissioner; provided, that the licensee has permission from
the insurer to solicit insurance on its behalf and, provided
further, that the insurer upon receipt of the application for
insurance submits a written notice of appointment to the
commissioner accompanied by its check payable to the state
treasurer in the amount of the appointment fee prescribed by
section 60A.14, subdivision 1, paragraph (c), clause (9). The
notice of appointment shall be on a form prescribed by the
commissioner.
(g) [AMENDMENT OF LICENSE.] An application to the
commissioner to amend a license to reflect a change of name, or
to include an additional class of license, or for any other
reason, shall be on forms provided by the commissioner and shall
be accompanied by the applicant's surrendered license and a
check payable to the state treasurer for the amount of fee
specified in section 60A.14, subdivision 1, paragraph (c).
An applicant who surrenders an insurance license pursuant
to this clause retains licensed status until an amended license
is received.
(h) [EXCEPTIONS.] The following are exempt from the general
licensing requirements prescribed by this section:
(1) Agents of township mutuals who are exempted pursuant to
subdivision 1b;
(2) Fraternal beneficiary association representatives
exempted pursuant to subdivision 1c;
(3) Any regular salaried officer or employee of a licensed
insurer, without license or other qualification, may act on
behalf of that licensed insurer in the negotiation of insurance
for that insurer; provided that a licensed agent must
participate in the sale of any such insurance;
(4) Employers and their officers or employees, and the
trustees or employees of any trust plan, to the extent that the
employers, officers, employees, or trustees are engaged in the
administration or operation of any program of employee benefits
for the employees of the employers or employees of their
subsidiaries or affiliates involving the use of insurance issued
by a licensed insurance company; provided, that the activities
of the officers, employees and trustees are incidental to
clerical or administrative duties and their compensation does
not vary with the volume of insurance or applications therefor;
(5) Employees of a creditor who enroll debtors for life or
accident and health insurance; provided the employees receive no
commission or fee therefor; and
(6) Clerical or administrative employees of an insurance
agent who take insurance applications or receive premiums in the
office of their employer, if the activities are incidental to
clerical or administrative duties and the employee's
compensation does not vary with the volume of the applications
or premiums.
Sec. 53. Minnesota Statutes 1984, section 60A.1701,
subdivision 5, is amended to read:
Subd. 5. [POWERS OF THE ADVISORY TASK FORCE.] (a)
Applications for accreditation of each course and for approval
of individuals responsible for monitoring course offerings must
be submitted to the commissioner on forms prescribed by the
commissioner and must be accompanied by a fee of not more than
$50 payable to the state of Minnesota for deposit in the general
fund. A fee of $50 must accompany applications for approval of
individuals responsible for monitoring course offerings. If the
advisory task force is created, it shall make recommendations to
the commissioner regarding the accreditation of courses
sponsored by institutions, both public and private, which
satisfy the criteria established by this section, the number of
credit hours to be assigned to the courses, and rules which may
be promulgated by the commissioner. The advisory task force
shall seek out and encourage the presentation of courses.
(b) If the advisory task force is created, it shall make
recommendations and provide subsequent evaluations to the
commissioner regarding procedures for reporting compliance with
the minimum education requirement.
Sec. 54. Minnesota Statutes 1984, section 60A.1701,
subdivision 10, is amended to read:
Subd. 10. [REPORTING.] (a) After completing the minimum
education requirement, each person subject to this section shall
file or cause to be filed a compliance report in accordance with
the procedures adopted by the commissioner.
(b) Each compliance report must be accompanied by an annual
continuing education fee of $5 payable to the state of Minnesota
for deposit in the general fund.
(c) An institution offering an accredited course shall
comply with the procedure for reporting compliance adopted by
the commissioner.
(d) (c) If a person subject to this section completes a
nonaccredited course, he may submit a written report to the
advisory committee accompanied by a fee of not more than $10
payable to the state of Minnesota for deposit in the general
fund. This report must be accompanied by proof satisfactory to
the commissioner that the person has completed the minimum
education requirement for the annual period during which the
nonaccredited course was completed. Upon the recommendation of
the advisory committee that the course satisfies the criteria
for course accreditation, the commissioner may approve the
nonaccredited course and shall so inform the person. If the
nonaccredited course is approved by the commissioner, it may be
used to satisfy the minimum education requirement for the
person's next annual compliance period.
Sec. 55. Minnesota Statutes 1984, section 60C.08,
subdivision 1, is amended to read:
Subdivision 1. The board of directors of the association
shall consist of not less than five nor more than nine persons
serving terms as established in the plan of operation. The
members of the board shall be selected by member
insurers association members subject to the approval of the
commissioner. Vacancies on the board shall be filled for the
remaining period of the term in the same manner as initial
appointments. If no members are selected within 60 days after
July 1, 1971, the commissioner may appoint the initial members
of the board of directors. If vacancies are not filled within
60 days of the end of terms, the commissioner may appoint as in
the case of initial vacancies.
Sec. 56. [61A.021] [SALE OF LIFE INSURANCE AND ANNUITY AS
SINGLE POLICY PROHIBITED.]
Subdivision 1. [SALE AS SINGLE POLICY PROHIBITED.] The
sale of a life insurance product and an annuity as a single
policy, whether in the form of a life insurance policy with an
annuity rider or otherwise, is prohibited in this state. This
subdivision does not prohibit the simultaneous sale of these
products, but the sale must involve two separate and distinct
policies.
Subd. 2. [TYING PROHIBITED.] The tying of the sale of a
life insurance product and an annuity is expressly prohibited.
The sale of one policy cannot be conditioned upon the sale of a
second policy. A violation of subdivision 1 is an unfair and
deceptive trade practice under chapter 72A.
Subd. 3. [EXEMPTION.] The commissioner may exempt by order
such a product from this section if it is in the public interest.
Subd. 4. [IMPLEMENTATION.] This section applies to all
sales where applications are completed on or after the effective
date of this section.
Sec. 57. Minnesota Statutes 1984, section 61B.05,
subdivision 1, is amended to read:
Subdivision 1. [COMPOSITION OF BOARD.] The board of
directors of the association shall consist of not less than five
nor more than nine members serving terms as established in the
plan of operation under section 61B.08. The members of the
board shall be selected by member insurers the association
members subject to the approval of the commissioner. Vacancies
on the board shall be filled for the remaining period of the
term in the manner described in the plan of operation. To
select the initial board of directors, and initially organize
the association, the commissioner shall give notice to all
member insurers of the time and place of the organizational
meeting. At the organizational meeting, each member insurer
shall be entitled to one vote in person or by proxy. If the
board of directors is not selected within 60 days after notice
of the organizational meeting, the commissioner may appoint the
initial members.
Sec. 58. Minnesota Statutes 1984, section 62A.141, is
amended to read:
62A.141 [COVERAGE FOR HANDICAPPED DEPENDENTS.]
No group policy or plan of health and accident insurance
regulated under this chapter, chapter 62C, or chapter 62D, which
provides for dependent coverage may be issued or renewed in this
state after August 1, 1983, unless it covers the handicapped
dependents of the insured, subscriber, or enrollee of the policy
or plan. If ordered by the commissioner of commerce, the
insurer of a Minnesota-domiciled nonprofit association which is
composed solely of agricultural members may restrict coverage
under this section to apply only to Minnesota residents.
Sec. 59. Minnesota Statutes 1984, section 62A.146, is
amended to read:
62A.146 [CONTINUATION OF BENEFITS TO SURVIVORS.]
No policy or plan of accident and health protection issued
by an insurer, nonprofit health service plan corporation, or
health maintenance organization, providing coverage of hospital
or medical expense on either an expense incurred basis or other
than an expense incurred basis which in addition to coverage of
the insured, subscriber, or enrollee, also provides coverage to
his dependents, shall, except upon the written consent of the
survivor or survivors of the deceased insured, subscriber or
enrollee, terminate, suspend or otherwise restrict the
participation in or the receipt of benefits otherwise payable
under the policy or plan to the survivor or survivors until the
earlier of the following dates:
(a) The date of remarriage of the surviving spouse; or
(b) The date coverage would have terminated under the
policy or plan had the insured, subscriber, or enrollee lived.
The survivor or survivors, in order to have the coverage
and benefits extended, may be required to pay the entire cost of
the protection. Failure of the survivor to make premium or fee
payments within 30 90 days after notice of the requirement to
pay the premiums or fees shall be a basis for the termination of
the coverage without written consent. In event of termination
by reason of the survivor's failure to make required premium or
fee contributions, written notice of cancellation must be mailed
to the survivor's last known address at least 15 30 days before
the cancellation. If the coverage is provided under a group
policy or plan, any required premium or fee contributions for
the coverage shall be paid by the survivor to the group
policyholder or contract holder for remittance to the insurer,
nonprofit health service plan corporation, or health maintenance
organization.
Sec. 60. Minnesota Statutes 1984, section 62A.17,
subdivision 6, is amended to read:
Subd. 6. [CONVERSION TO INDIVIDUAL POLICY.] A group
insurance policy that provides post termination or lay off
coverage as required by this section shall also include a
provision allowing a covered employee, surviving spouse, or
dependent at the expiration of the post termination or lay off
coverage provided by subdivision 2 to obtain from the insurer
offering the group policy or group subscriber contract, at the
employee's, spouse's, or dependent's option and expense, without
further evidence of insurability and without interruption of
coverage, an individual policy of insurance or an individual
subscriber contract providing at least the minimum benefits of a
qualified plan as prescribed by section 62E.06 and the option of
a number three qualified plan, a number two qualified plan, and
a number one qualified plan as provided by section 62E.06,
subdivisions 1 to 3. The required conversion contract must
treat pregnancy the same as any other covered illness under the
conversion contract. A health maintenance contract issued by a
health maintenance organization that provides post-termination
or layoff coverage as required by this section shall also
include a provision allowing a former employee, surviving
spouse, or dependent at the expiration of the post-termination
or layoff coverage provided in subdivision 2 to obtain from the
health maintenance organization, at the former employee's,
spouse's, or dependent's option and expense, without further
evidence of insurability and without interruption of coverage,
an individual health maintenance contract. Effective January 1,
1985, enrollees who have become nonresidents of the health
maintenance organization's service area shall be given the
option, to be arranged by the health maintenance organization,
of a number three qualified plan, a number two qualified plan,
or a number one qualified plan as provided by section 62E.06,
subdivisions 1 to 3 if an arrangement with an insurer can
reasonably be made by the health maintenance organization. This
option shall be made available at the enrollee's expense,
without further evidence of insurability and without
interruption of coverage.
A policy providing reduced benefits at a reduced premium
rate may be accepted by the employee, the spouse, or a dependent
in lieu of the optional coverage otherwise required by this
subdivision.
The individual policy or contract shall be renewable at the
option of the individual as long as the individual is not
covered under another qualified plan as defined in section
62E.02, subdivision 4, up to age 65 or to the day before the
date of eligibility for coverage under title XVIII of the Social
Security Act, as amended. Any revisions in the table of rate
for the individual policy shall apply to the covered person's
original age at entry and shall apply equally to all similar
policies issued by the insurer.
Sec. 61. Minnesota Statutes 1984, section 62B.05, is
amended to read:
62B.05 [TERM OF CREDIT LIFE INSURANCE AND CREDIT ACCIDENT
AND HEALTH INSURANCE.]
The term of any credit life insurance or credit accident
and health insurance shall, subject to acceptance by the
insurer, commence on the date when the debtor becomes obligated
to the creditor, except that, where a group policy provides
coverage with respect to existing obligations, the insurance on
a debtor with respect to the indebtedness shall commence on the
effective date of the policy. Where evidence of insurability is
required and the evidence is furnished more than 30 days after
the date when the debtor becomes obligated to the creditor, the
term of the insurance may commence on the date on which the
insurance company determines the evidence to be satisfactory,
and in that event there shall be an appropriate refund or
adjustment of any charge to the debtor for insurance. The term
of the insurance shall not extend more than 15 days beyond the
scheduled maturity date of the indebtedness except when extended
without additional cost to the debtor.
If an indebtedness is prepaid in full before its scheduled
maturity, except by a new loan from or by refinancing by the
same creditor and except by performance of the insurer's
obligation under the policy: (a) any policy or certificate of
insurance providing credit life or credit accident and health
benefits procured by or through a creditor and for which the
premium has been paid by the debtor or debtors out of the
proceeds of the indebtedness shall be cancelled upon surrender
of the policy, certificate or other evidence, and a refund shall
be paid or credited as provided in section 62B.08; and (b) the
creditor then holding the evidence of indebtedness shall notify
the debtor in writing of his right to surrender and cancel any
outstanding policy of credit life or accident and health
insurance procured by or through a creditor and to receive a
refund if the unearned premium is $3 or more. This notice shall
be written in clear and conspicuous language. If the policy or
certificate by its own terms terminates upon prepayment in full
before its scheduled maturity date, it need not be surrendered
but a refund shall be paid or credited as provided in section
62B.08.
If an indebtedness is prepaid in full before its scheduled
maturity date by a new loan from or by refinancing by the same
creditor through which the debtor or debtors procured a policy
or certificate of credit life or credit accident and health
insurance issued after August 1, 1977, the insurance shall be
deemed cancelled if any new policy or certificate for the same
type of insurance is issued in connection with the new loan or
refinancing, and a refund shall be paid or credited as provided
in section 62B.08. For the purposes of this subdivision, an
assignee creditor and an assignor creditor shall not be
construed to be the same creditor.
Sec. 62. Minnesota Statutes 1984, section 62D.19, is
amended to read:
62D.19 [UNREASONABLE EXPENSES.]
No health maintenance organization shall incur or pay for
any expense of any nature which is unreasonably high in relation
to the value of the service or goods provided. The commissioner
of commerce health shall, pursuant to the administrative
procedures act, promulgate rules to implement and enforce this
section by rules adopted under this section.
In an effort to achieve the stated purposes of sections
62D.01 to 62D.29; in order to safeguard the underlying nonprofit
status of health maintenance organizations; and to ensure that
the payment of health maintenance organization moneys to major
participating entities results in a corresponding benefit to the
health maintenance organization and its enrollees, when
determining whether an organization has incurred an unreasonable
expense in relation to a major participating entity, due
consideration shall be given to, in addition to any other
appropriate factors, whether the officers and trustees of the
health maintenance organization have acted with good faith and
in the best interests of the health maintenance organization in
entering into, and performing under, a contract under which the
health maintenance organization has incurred an expense.
Sec. 63. Minnesota Statutes 1984, section 62E.10,
subdivision 2, is amended to read:
Subd. 2. [BOARD OF DIRECTORS; ORGANIZATION.] The board of
directors of the association shall be made up of seven
individuals selected by participating members, subject to
approval by the commissioner and two public members appointed by
the governor. In determining voting rights at members'
meetings, each member shall be entitled to vote in person or
proxy. The vote shall be a weighted vote based upon the
member's cost of self insurance, accident and health insurance
premium, subscriber contract charges, or health maintenance
contract payment derived from or on behalf of Minnesota
residents in the previous calendar year, as determined by the
commissioner. In approving members of the board, the
commissioner shall consider, among other things, whether all
types of members are fairly represented. Members of the board
may be reimbursed from the moneys of the association for
expenses incurred by them as members, but shall not otherwise be
compensated by the association for their services. The costs of
conducting meetings of the association and its board of
directors shall be borne by members of the association.
Sec. 64. Minnesota Statutes 1984, section 62E.12, is
amended to read:
62E.12 [MINIMUM BENEFITS OF COMPREHENSIVE HEALTH INSURANCE
PLAN.]
The association through its comprehensive health insurance
plan shall offer policies which provide the benefits of a number
one qualified plan, a number two qualified plan and a qualified
medicare supplement plan. They shall offer health maintenance
organization contracts in those areas of the state where a
health maintenance organization has agreed to make the coverage
available and has been selected as a writing carrier.
Notwithstanding the provisions of section 62E.06 the state plan
shall exclude coverage of services of a private duty nurse other
than on an inpatient basis and any charges for treatment in a
hospital located outside of the state of Minnesota in which the
covered person is receiving treatment for a mental or nervous
disorder, unless similar treatment for the mental or nervous
disorder is medically necessary, unavailable in Minnesota and
provided upon referral by a licensed Minnesota medical
practitioner.
Sec. 65. Minnesota Statutes 1984, section 62E.16, is
amended to read:
62E.16 [CONVERSION PRIVILEGES.]
Every program of self insurance, policy of group accident
and health insurance or contract of coverage by a health
maintenance organization written or renewed in this state, shall
include, in addition to the provisions required by section
62A.17, the right to convert to an individual coverage qualified
plan without the addition of underwriting restrictions if the
individual insured leaves the group regardless of the reason for
leaving the group, or upon cancellation or termination of the
coverage for the group except where uninterrupted and continuous
group coverage is otherwise provided to the group. The required
conversion contract must treat pregnancy the same as any other
covered illness under the conversion contract. The person may
exercise his right to conversion within 30 days of leaving the
group or within 30 days following his receipt of due notice of
cancellation or termination of coverage of the group and upon
payment of premiums from the date of termination or
cancellation. Due notice of cancellation or termination of
coverage for a group shall be provided to each employee having
coverage in the group by the insurer, self insurer or health
maintenance organization cancelling or terminating the coverage
except where reasonable evidence indicates that uninterrupted
and continuous group coverage is otherwise provided to the
group. Every employer having a policy of group accident and
health insurance, group subscriber or contract of coverage by a
health maintenance organization shall, upon request, provide the
insurer or health maintenance organization a list of the names
and addresses of covered employees. Plans of health coverage
shall also include a provision which, upon the death of the
individual in whose name the contract was issued, permits every
other individual then covered under the contract to elect,
within the period specified in the contract, to continue his
coverage under the same or a different contract without the
addition of underwriting restrictions until he would have ceased
to have been entitled to coverage had the individual in whose
name the contract was issued lived. An individual conversion
contract issued by a health maintenance organization shall not
be deemed to be an individual enrollment contract for the
purposes of section 62D.10.
Sec. 66. Minnesota Statutes 1984, section 65B.03, is
amended to read:
65B.03 [GOVERNING COMMITTEE.]
Subdivision 1. [MEMBERSHIP.] The commissioner shall direct
that an election be held among every insurer subject to this
chapter, for the election of a facility governing
committee. The governing committee shall be made up of eight
individuals selected by participating members of the facility
and one public member appointed by the governor to two-year
terms. Each insurer member of the governing committee shall be
a participating member.
Each participating member serving on the governing
committee shall be represented by a salaried employee of that
participating member, and not more than one participating member
in a group under the same management shall serve on the
governing committee at the same time. The commissioner of
commerce or his designee shall be an ex officio member of the
governing committee. In the event of a tie vote on any matter
before the governing committee, the commissioner or his designee
may cast a vote to break the tie. The composition of the
governing committee may be revised by recommendation of the
existing governing committee and approval of the commissioner.
Subd. 2. [TERMS OF OFFICE.] The committee so elected shall
become the governing committee of the facility, effective on a
date to be specified by the commissioner. Thereafter, The
governing committee members shall be elected to serve
annual two-year terms. Vacancies shall be filled as provided in
the plan of operation.
Sec. 67. Minnesota Statutes 1984, section 65B.44,
subdivision 4, is amended to read:
Subd. 4. [FUNERAL AND BURIAL EXPENSES.] Funeral and burial
benefits shall be reasonable expenses not in excess of
$1,250 $2,000, including expenses for cremation or delivery
under the Uniform Anatomical Gift Act, sections 525.921 to
525.93.
Sec. 68. Minnesota Statutes 1984, section 65B.49, is
amended by adding a subdivision to read:
Subd. 3a. [UNINSURED AND UNDERINSURED MOTORIST COVERAGES.]
(1) No plan of reparation security may be renewed, delivered or
issued for delivery, or executed in this state with respect to
any motor vehicle registered or principally garaged in this
state unless uninsured and underinsured motorist coverages are
provided therein. The coverages combined, at a minimum, must
provide limits of $25,000 because of injury to or the death of
one person in any accident and $50,000 because of injury to or
the death of two or more persons in any accident. In the case
of injury to, or the death of, two or more persons in any
accident, the amount available to any one person must not exceed
the coverage limit provided for injury to, or the death of, one
person in any accident. For purposes of this subdivision,
uninsured motorist coverage and underinsured motorist coverage
shall be a single coverage.
(2) Every owner of a motor vehicle registered or
principally garaged in this state shall maintain uninsured and
underinsured motorist coverages as provided in this subdivision.
(3) No reparation obligor is required to provide limits of
uninsured and underinsured motorist coverages in excess of the
bodily injury liability limit provided by the applicable plan of
reparation security.
(4) No recovery shall be permitted under the uninsured and
underinsured motorist coverages of this section for basic
economic loss benefits paid or payable, or which would be
payable but for any applicable deductible.
(5) If at the time of the accident the injured person is
occupying a motor vehicle, the limit of liability for uninsured
and underinsured motorist coverages available to the injured
person is the limit specified for that motor vehicle. However,
if the injured person is occupying a motor vehicle of which the
injured person is not an insured, the injured person may be
entitled to excess insurance protection afforded by a policy in
which the injured party is otherwise insured. The excess
insurance protection is limited to the extent of covered damages
sustained, and further is available only to the extent by which
the limit of liability for like coverage applicable to any one
motor vehicle listed on the automobile insurance policy of which
the injured person is an insured exceeds the limit of liability
of the coverage available to the injured person from the
occupied motor vehicle.
If at the time of the accident the injured person is not
occupying a motor vehicle, the injured person is entitled to
select any one limit of liability for any one vehicle afforded
by a policy under which the injured person is insured.
(6) Regardless of the number of policies involved, vehicles
involved, persons covered, claims made, vehicles or premiums
shown on the policy, or premiums paid, in no event shall the
limit of liability for uninsured and underinsured motorist
coverages for two or more motor vehicles be added together to
determine the limit of insurance coverage available to an
injured person for any one accident.
(7) The uninsured and underinsured motorist coverages
required by this subdivision do not apply to bodily injury of
the insured while occupying a motor vehicle owned by the
insured, unless the occupied vehicle is an insured motor vehicle.
Sec. 69. Minnesota Statutes 1984, section 65B.63,
subdivision 1, is amended to read:
Subdivision 1. Reparation obligors providing basic
economic loss insurance in this state may shall organize and
maintain, subject to approval and regulation by the
commissioner, an assigned claims bureau and an assigned claims
plan, and adopt rules for their operation and for the assessment
of costs on a fair and equitable basis consistent with sections
65B.41 to 65B.71. The assigned claims bureau shall be managed
by a governing committee made up of four individuals selected by
the insurer members, one individual selected by the self-insurer
members, and two public members appointed by the governor to
two-year terms. If such obligors do not organize and
continuously maintain an assigned claims bureau and an assigned
claims plan in a manner considered by the commissioner of
commerce to be consistent with sections 65B.41 to 65B.71, he
shall organize and maintain an assigned claims bureau and an
assigned claims plan. Each reparation obligor providing basic
economic loss insurance in this state shall participate in the
assigned claims bureau and the assigned claims plan. Costs
incurred shall be allocated fairly and equitably among the
reparation obligors.
Sec. 70. Minnesota Statutes 1984, section 67A.25,
subdivision 1, is amended to read:
Subdivision 1. [WHAT COMPANIES MAY COME UNDER LAWS 1909,
CHAPTER 411.] Any township mutual fire insurance company
heretofore organized may exercise, after the passage of Laws
1909, Chapter 411, all of the rights conferred thereby that are
within the powers and privileges of its certificate or articles
of incorporation, or it may be reincorporated thereunder. No
such company already organized shall be required to
reincorporate thereunder in order to avail itself of the
privileges thereof.
Every township mutual fire insurance company now doing
business in this state shall have the right to continue
transacting such business until the first day of March
succeeding the passage thereof; and, if the commissioner is
satisfied that the company is transacting its business in
accordance therewith, he shall on the first day of each
succeeding March June issue a license to the company authorizing
it to transact business until the first day of March May 31
following the date of the license.
Sec. 71. Minnesota Statutes 1984, section 72A.20, is
amended by adding a subdivision to read:
Subd. 17. [RETURN OF PREMIUMS UPON DEATH OF INSURED.]
Refusing, upon surrender of an individual policy, to refund to
the estate of the insured all unearned premiums paid on the
policy covering the insured as of the time of the insured's
death if the unearned premium is for a period of more than one
month.
The insurer may deduct from the premium any previously
accrued claim for loss or damage under the policy.
For the purposes of this section, a premium is unearned
during the period of time the insurer has not been exposed to
any risk of loss.
Sec. 72. Minnesota Statutes 1984, section 79.252,
subdivision 4, is amended to read:
Subd. 4. [RESPONSIBILITIES.] Assigned risk policies and
contracts of coverage shall be subject to premium tax pursuant
to section 60A.15, and special compensation fund assessments
pursuant to section 176.131, subdivision 10. The assigned risk
plan shall be a member of the reinsurance association for the
purposes of sections 79.34 to 79.40 and shall be deemed to have
selected the higher may select either retention limit provided
in section 79.34, subdivision 2.
Sec. 73. Minnesota Statutes 1984, section 79.62, is
amended to read:
79.62 [DATA SERVICE ORGANIZATIONS; LICENSING, EXAMINATION.]
Subdivision 1. [LICENSE REQUIRED.] No data service
organization shall provide any service and no insurer shall use
the services of a data service organization unless the
organization is licensed by the commissioner.
Subd. 2. [PROCEDURE; APPLICATION.] A data service
organization shall apply for a license in a form and manner
prescribed by the commissioner. The application of a data
service organization shall include:
(a) A copy of its constitution, articles of incorporation,
bylaws, and other rules pertaining to the conduct of its
business;
(b) A plan and narrative describing how it will perform the
activities required by section 79.61;
(c) A statement showing its technical qualifications; and
(d) Any other information that the commissioner may
reasonably require.
Subd. 2a. [EMPLOYER REPRESENTATION.] The commissioner may
appoint two representatives of employers to serve on the board
of directors of each licensed data service organization. These
directors serve for a term of two years and are entitled to vote
on all matters under consideration.
Subd. 3. [ISSUANCE.] The commissioner, upon finding that
the applicant organization is qualified to provide the services
required and proposed, or has contracted with a licensed data
service organization to purchase these services which are
required by chapter 79 but are not provided directly by the
applicant, and that all requirements of law are met, shall issue
a license. Licenses shall remain in effect until the licensee
withdraws from business or until the license is suspended or
revoked Each license is subject to annual renewal effective June
30. Each new or renewal license application must be accompanied
by a fee of $50.
Subd. 4. [SUSPENSION; REVOCATION.] The commissioner may,
after a hearing on the record, revoke or suspend the license of
a data service organization if he finds that the organization is
not in compliance with the requirements of chapter 79 or rules
issued thereunder.
Subd. 5. [LICENSEE EXAMINATION.] The commissioner may
examine any licensed data service organization or applicant for
this licence to determine whether its activities and practices
comply with law. The cost of the examination shall be paid by
the examined organization pursuant to section 60A.03.
Sec. 74. Minnesota Statutes 1984, section 138.94, is
amended to read:
138.94 [STATE HISTORICAL CENTER.]
The Historical building at 690 Cedar Street and the land
housing the Mechanic Arts gymnasium, parking lot, and any other
properties between those entities and the Historical building at
690 Cedar Street is hereby designated as the State Historical
Center, and is to be used for such purposes notwithstanding any
other law to the contrary. Authority for administration and
control of the State Historical Center is conferred on the
Minnesota historical society. As such, The society is not
exempt from rental or lease costs by the state. The state will
maintain and provide custodial, security, and climate control
services for the Historical Center.
Sec. 75. Minnesota Statutes 1984, section 168.012,
subdivision 1, is amended to read:
Subdivision 1. Vehicles owned and used solely in the
transaction of official business by representatives of foreign
powers, by the federal government, the state, or any political
subdivision thereof, or vehicles owned and used exclusively by
educational institutions and used solely in the transportation
of pupils to and from such institutions, shall be exempt from
the provision of this chapter requiring payment of tax or
registration fees. Vehicles owned by the federal government,
municipal fire apparatus, police patrols and ambulances, the
general appearance of which is unmistakable, shall not be
required to register or display number plates. Vehicles used in
general police work, arson investigations, and passenger
vehicles, station wagons, and buses owned or operated by the
department of corrections shall be registered and shall display
passenger vehicle classification license number plates which
shall be furnished by the registrar at cost. All other motor
vehicles shall be registered and display tax exempt number
plates which shall be furnished by the registrar at cost. All
vehicles required to display tax exempt number plates shall have
the name of the state department or public subdivision on the
vehicle plainly printed on both sides thereof in letters not
less than 2-1/2 inches high, one inch wide and of a
three-eighths inch stroke; except that each state hospital and
institution for the mentally ill and mentally retarded may have
one vehicle without the required printing on the sides of the
vehicle. Such printing shall be in a color giving a marked
contrast with that of the part of the vehicle on which it is
placed and shall be done with a good quality of paint that will
endure throughout the term of the registration. The printing
must be on a part of the vehicle itself and not on a removable
plate or placard of any kind and shall be kept clean and visible
at all times; except that a removable plate or placard may be
utilized on vehicles leased or loaned to a political subdivision.
The owner of any such vehicle desiring to come under the
foregoing exemption provisions shall first notify the chief of
the state patrol who shall provide suitable seals and cause the
same to be affixed to any such vehicle.
Sec. 76. Minnesota Statutes 1984, section 168.12,
subdivision 1, is amended to read:
Subdivision 1. [NUMBER PLATES; VISIBILITY, PERIODS OF
ISSUANCE.] The registrar, upon the approval and payment, shall
issue to the applicant the number plates required by law,
bearing the state name and the number assigned. The number
assigned may be a combination of a letter or sign with figures.
The color of the plates and the color of the abbreviation of the
state name and the number assigned shall be in marked contrast.
The plates shall be lettered, spaced, or distinguished to
suitably indicate the registration of the vehicle according to
the rules of the registrar, and when a vehicle is registered on
the basis of total gross weight, the plates issued shall clearly
indicate by letters or other suitable insignia the maximum gross
weight for which the tax has been paid. These number plates
shall be so treated as to be at least 100 times brighter than
the conventional painted number plates. When properly mounted
on an unlighted vehicle, these number plates, when viewed from a
vehicle equipped with standard headlights, shall be visible for
a distance of not less than 1,500 feet and readable for a
distance of not less than 110 feet. The registrar shall issue
these number plates for the following periods:
(1) Number plates issued pursuant to sections 168.27,
subdivisions 16 and 17, and 168.053 shall be for a one year
period;
(2) New number plates issued pursuant to section 168.012,
subdivision 1, shall be issued to a vehicle for as long as it is
owned by the exempt agency and shall not be transferable from
one vehicle to another but may be transferred with the vehicle
from one tax exempt agency to another;
(3) Plates issued for passenger automobiles as defined in
section 168.011, subdivision 7, motorcycles, motorized bicycles,
and motor scooters shall be issued for the life of the vehicle a
six-year period starting not later than October 1986, or until
the next general reissuance of plates every six years
thereafter, whichever is less; and
(4) Plates for any vehicle not specified in clauses (1),
(2) and (3), except for trailers as hereafter provided, shall be
issued for the life of the vehicle. Beginning with number
plates issued for the year 1981, plates issued for trailers with
a total gross weight of 3,000 pounds or less shall be issued for
the life of the trailer and shall be not more than seven inches
in length and four inches in width.
In a year in which plates are not issued, the registrar
shall issue for each registration a tab or sticker to designate
the year of registration. This tab or sticker shall show the
calendar year or years for which issued, and is valid only for
that period. The number plates, number tabs, or stickers issued
for a motor vehicle may not be transferred to another motor
vehicle during the period for which it is issued.
Notwithstanding any other provision of this subdivision,
number plates issued to a vehicle which is used for
behind-the-wheel instruction in a driver education course in a
public school may be transferred to another vehicle used for the
same purpose without payment of any additional fee. The
registrar shall be notified of each transfer of number plates
under this paragraph, and may prescribe a form for notification.
Sec. 77. Minnesota Statutes 1984, section 168.12,
subdivision 5, is amended to read:
Subd. 5. [ADDITIONAL FEE.] In addition to any fee
otherwise authorized or any tax otherwise imposed upon any motor
vehicle, the payment of which is required as a condition to the
issuance of any number license plate or plates, the commissioner
of public safety may impose a fee of up to 25 cents but not to
exceed the actual cost of manufacture and distribution of any $2
for a license plate for a motorcycle, motorized bicycle, or
motorized sidecar, and $3 for license plates, other than license
plates issued pursuant to section 168.27, subdivisions 16 and
17, for passenger automobiles; provided that no fee is required
for plates issued within one calendar year before a general
reissuance of plates under subdivision 1. Graphic design
license plate or plates upon the issuance of said plate or
plates, provided that these plates shall only be issued for
vehicles registered pursuant to section 168.017 and recreational
vehicles registered pursuant to section 168.013, subdivision 1g.
Sec. 78. Minnesota Statutes 1984, section 174.32,
subdivision 1, is amended to read:
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.
Sec. 79. Minnesota Statutes 1984, section 174.32,
subdivision 2, is amended to read:
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 Eighty percent of the receipts of the fund must be
placed into a metropolitan account for distribution to
recipients located in the metropolitan area and 20 percent into
a separate account for distribution to recipients located
outside of the metropolitan area. The regional transit board
created by section 473.373 is responsible for distributing
assistance from the metropolitan account, and the commissioner
is responsible for distributing assistance from the other
account.
Sec. 80. Minnesota Statutes 1984, section 174.32,
subdivision 3, is amended to read:
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. The National Railroad
Passenger Corporation, known as Amtrak, and any trolley system
outside the metropolitan area are not eligible for assistance
under the program.
Sec. 81. Minnesota Statutes 1984, section 174.32, is
amended by adding a subdvision to read:
Subd. 6. [INVESTMENT OF TRANSIT ASSISTANCE FUND.] For
money deposited in the transit assistance fund on or after
January 15, 1985, the commissioner of transportation shall
certify to the state board of investment the amount of the
transit assistance fund that in the judgment of the commissioner
is not required for immediate use. The certified amount of the
transit assistance fund not currently needed shall be invested
by the state board of investment subject to section 11A.25. All
investment income and all investment losses attributable to the
investments must be credited to the transit assistance fund.
The commissioner of finance is the custodian of securities
purchased under this section.
Sec. 82. [219.98] [FEES FOR APPLYING FOR BOARD ORDER.]
A person other than the state, a state agency, or a
political subdivision, who applies for an order of the board
relating to clearances under section 219.47, permitting the
abandonment or removal of track under section 219.741, or
permitting abandonment of a station or discontinuance or
reduction of agency service under section 219.85, shall pay, at
the time the application is filed, into the state treasury a fee
of $100. A person other than the state, a state agency, or a
political subdivision, applying for an order of the board under
any other provision of this chapter shall pay, at the time the
application is filed, into the state treasury a fee of $50.
Sec. 83. Minnesota Statutes 1984, section 240.04,
subdivision 4, is amended to read:
Subd. 4. [MEDICAL SERVICES.] The commission may appoint a
medical officer who must be a doctor of veterinary medicine and
who serves at its pleasure in the unclassified service. He
shall, while employed by the commission, devote full time to his
duties, which are:
(a) to supervise the formulation, administration, and
evaluation of all medical tests the commission's rules require
or authorize;
(b) to advise the commission on all aspects of veterinary
medicine relating to its powers and duties; and
(c) to supervise all personnel involved in medical testing,
subject to the supervision of the executive secretary.
The commission may obtain medical services as required by
contract with an institution which teaches animal health
sciences within the state. If no medical officer is appointed,
his duties may be assigned to the executive secretary.
The commission may require that a licensee reimburse it for
the costs of services provided by assistant veterinarians.
Sec. 84. [240.155] [REIMBURSEMENT ACCOUNT.]
Money received by the commission as reimbursement for the
costs of services provided by assistant veterinarians and
stewards must be deposited in the state treasury and credited to
a racing commission reimbursement account. Receipts are
appropriated to the commission to pay the costs of providing the
services.
Sec. 85. Minnesota Statutes 1984, section 240.24, as
amended by Laws 1985, chapter 212, section 21, is amended to
read:
240.24 [MEDICATION.]
Subdivision 1. [RULES.] The commission shall make and
enforce rules governing medication and medical testing for
horses running at licensed racetracks. The rules must provide
that no medication, as the commission defines that term by rule,
may be administered to a horse within 48 hours of a race it runs
at a licensed racetrack. The commission shall by rule establish
the qualifications for laboratories used by it as testing
laboratories to enforce its rules under this section.
Subd. 2. [FEES.] The commission shall establish by rule a
fee or schedule of fees to recover the costs of medical testing
of horses running at racetracks licensed by the commission.
Fees charged for the testing of horses shall cover part of the
cost of the medical testing laboratory but not exceed $30 per
horse. Fee receipts shall be deposited in the state treasury
and credited to the equine drug testing account in the special
revenue general fund.
Sec. 86. Minnesota Statutes 1984, section 297A.25,
subdivision 1, is amended to read:
Subdivision 1. The following are specifically exempted
from the taxes imposed by sections 297A.01 to 297A.44:
(a) The gross receipts from the sale of food products
including but not limited to cereal and cereal products, butter,
cheese, milk and milk products, oleomargarine, meat and meat
products, fish and fish products, eggs and egg products,
vegetables and vegetable products, fruit and fruit products,
spices and salt, sugar and sugar products, coffee and coffee
substitutes, tea, cocoa and cocoa products, and food products
which are not taxable pursuant to section 297A.01, subdivision
3, clause (c) and which are sold by a retailer, organized as a
nonprofit corporation or association, within a place located on
property owned by the state or an agency or instrumentality of
the state, the entrance to which is subject to an admission
charge. This exemption does not include the following:
(i) candy and candy products, except when sold for
fundraising purposes by a nonprofit organization that provides
educational and social activities for young people primarily
aged 18 and under;
(ii) carbonated beverages, beverages commonly referred to
as soft drinks containing less than 15 percent fruit juice, or
bottled water other than noncarbonated and noneffervescent
bottled water sold in individual containers of one-half gallon
or more in size;
(b) The gross receipts from the sale of prescribed drugs
and medicine intended for use, internal or external, in the
cure, mitigation, treatment or prevention of illness or disease
in human beings and products consumed by humans for the
preservation of health, including prescription glasses,
therapeutic and prosthetic devices, but not including cosmetics
or toilet articles notwithstanding the presence of medicinal
ingredients therein;
(c) The gross receipts from the sale of and the storage,
use or other consumption in Minnesota of tangible personal
property, tickets, or admissions, electricity, gas, or local
exchange telephone service, which under the Constitution or laws
of the United States or under the Constitution of Minnesota, the
state of Minnesota is prohibited from taxing;
(d) The gross receipts from the sale of tangible personal
property (i) which, without intermediate use, is shipped or
transported outside Minnesota by the purchaser and thereafter
used in a trade or business or is stored, processed, fabricated
or manufactured into, attached to or incorporated into other
tangible personal property transported or shipped outside
Minnesota and thereafter used in a trade or business outside
Minnesota, and which is not thereafter returned to a point
within Minnesota, except in the course of interstate commerce
(storage shall not constitute intermediate use); provided that
the property is not subject to tax in that state or country to
which it is transported for storage or use, or, if subject to
tax in that other state, that state allows a similar exemption
for property purchased therein and transported to Minnesota for
use in this state; except that sales of tangible personal
property that is shipped or transported for use outside
Minnesota shall be taxed at the rate of the use tax imposed by
the state to which the property is shipped or transported,
unless that state has no use tax, in which case the sale shall
be taxed at the rate generally imposed by this state; and
provided further that sales of tangible personal property to be
used in other states or countries as part of a maintenance
contract shall be specifically exempt; or (ii) which the seller
delivers to a common carrier for delivery outside Minnesota,
places in the United States mail or parcel post directed to the
purchaser outside Minnesota, or delivers to the purchaser
outside Minnesota by means of the seller's own delivery
vehicles, and which is not thereafter returned to a point within
Minnesota, except in the course of interstate commerce;
(e) The gross receipts from the sale of packing materials
used to pack and ship household goods, the ultimate destination
of which is outside the state of Minnesota and which are not
thereafter returned to a point within Minnesota, except in the
course of interstate commerce;
(f) The gross receipts from the sale of and storage, use or
consumption of petroleum products (i) upon which a tax has been
imposed under the provisions of chapter 296, whether or not any
part of said tax may be subsequently refunded, or (ii) which are
used in the improvement of agricultural land by constructing,
maintaining, and repairing drainage ditches, tile drainage
systems, grass waterways, water impoundment, and other erosion
control structures;
(g) The gross receipts from the sale of clothing and
wearing apparel except the following:
(i) all articles commonly or commercially known as jewelry,
whether real or imitation; pearls, precious and semi-precious
stones, and imitations thereof; articles made of, or ornamented,
mounted or fitted with precious metals or imitations thereof;
watches; clocks; cases and movements for watches and clocks;
gold, gold-plated, silver, or sterling flatware or hollow ware
and silver-plated hollow ware; opera glasses; lorgnettes; marine
glasses; field glasses and binoculars;
(ii) articles made of fur on the hide or pelt, and articles
of which such fur is the component material or chief value, but
only if such value is more than three times the value of the
next most valuable component material;
(iii) perfume, essences, extracts, toilet waters,
cosmetics, petroleum jellies, hair oils, pomades, hair
dressings, hair restoratives, hair dyes, aromatic cachous and
toilet powders. The tax imposed by this act shall not apply to
lotion, oil, powder, or other article intended to be used or
applied only in the case of babies;
(iv) trunks, valises, traveling bags, suitcases, satchels,
overnight bags, hat boxes for use by travelers, beach bags,
bathing suit bags, brief cases made of leather or imitation
leather, salesmen's sample and display cases, purses, handbags,
pocketbooks, wallets, billfolds, card, pass, and key cases and
toilet cases;
(h) The gross receipts from the sale of and the storage,
use, or consumption of all materials, including chemicals,
fuels, petroleum products, lubricants, packaging materials,
including returnable containers used in packaging food and
beverage products, feeds, seeds, fertilizers, electricity, gas
and steam, used or consumed in agricultural or industrial
production of personal property intended to be sold ultimately
at retail, whether or not the item so used becomes an ingredient
or constituent part of the property produced. Such production
shall include, but is not limited to, research, development,
design or production of any tangible personal property,
manufacturing, processing (other than by restaurants and
consumers) of agricultural products whether vegetable or animal,
commercial fishing, refining, smelting, reducing, brewing,
distilling, printing, mining, quarrying, lumbering, generating
electricity and the production of road building materials. Such
production shall not include painting, cleaning, repairing or
similar processing of property except as part of the original
manufacturing process. Machinery, equipment, implements, tools,
accessories, appliances, contrivances, furniture and fixtures,
used in such production and fuel, electricity, gas or steam used
for space heating or lighting, are not included within this
exemption; however, accessory tools, equipment and other short
lived items, which are separate detachable units used in
producing a direct effect upon the product, where such items
have an ordinary useful life of less than 12 months, are
included within the exemption provided herein;
(i) The gross receipts from the sale of and storage, use or
other consumption in Minnesota of tangible personal property
(except as provided in section 297A.14) which is used or
consumed in producing any publication regularly issued at
average intervals not exceeding three months, and any such
publication. For purposes of this subsection, "publication" as
used herein shall include, without limiting the foregoing, a
legal newspaper as defined by Minnesota Statutes 1965, section
331.02, and any supplements or enclosures with or part of said
newspaper; and the gross receipts of any advertising contained
therein or therewith shall be exempt. For this purpose,
advertising in any such publication shall be deemed to be a
service and not tangible personal property, and persons or their
agents who publish or sell such newspapers shall be deemed to be
engaging in a service with respect to gross receipts realized
from such newsgathering or publishing activities by them,
including the sale of advertising. The term "publication" shall
not include magazines and periodicals sold over the counter.
Machinery, equipment, implements, tools, accessories,
appliances, contrivances, furniture and fixtures used in such
publication and fuel, electricity, gas or steam used for space
heating or lighting, are not exempt;
(j) The gross receipts from all sales, including sales in
which title is retained by a seller or a vendor or is assigned
to a third party under an installment sale or lease purchase
agreement under section 465.71, of tangible personal property
to, and all storage, use or consumption of such property by, the
United States and its agencies and instrumentalities or a state
and its agencies, instrumentalities and political subdivisions.
Sales exempted by this clause include sales pursuant to section
297A.01, subdivision 3, clauses (d) and (f). This exemption
shall not apply to building, construction or reconstruction
materials purchased by a contractor or a subcontractor as a part
of a lump-sum contract or similar type of contract with a
guaranteed maximum price covering both labor and materials for
use in the construction, alteration or repair of a building or
facility. This exemption does not apply to construction
materials purchased by tax exempt entities or their contractors
to be used in constructing buildings or facilities which will
not be used principally by the tax exempt entities;
(k) The gross receipts from the isolated or occasional sale
of tangible personal property in Minnesota not made in the
normal course of business of selling that kind of property, and
the storage, use, or consumption of property acquired as a
result of such a sale. For purposes of this clause, sales by a
nonprofit organization shall be deemed to be "isolated or
occasional" if they occur at sale events that have a duration of
three or fewer consecutive days. The granting of the privilege
of admission to places of amusement and the privilege of use of
amusement devices by a nonprofit organization at an isolated or
occasional event conducted on property owned or leased for a
continuous period of more than 30 days by the nonprofit
organization are also exempt. The exemption provided for
isolated sales of tangible personal property and of the granting
of admissions or the privilege of use of amusement devices by
nonprofit organizations pursuant to this clause shall be
available only if the sum of the days on which the organization
and any subsidiary nonprofit organization sponsored by it that
does not have a separate sales tax exemption permit conduct
sales of tangible personal property, plus the days with respect
to which the organization charges for the use of amusement
devices or admission to places of amusement, does not exceed
eight days in a calendar year. For purposes of this clause, a
"nonprofit organization" means any corporation, society,
association, foundation, or institution organized and operated
exclusively for charitable, religious, or educational purposes,
no part of the net earnings of which inures to the benefit of a
private individual;
(l) The gross receipts from sales of rolling stock and the
storage, use or other consumption of such property by railroads,
freight line companies, sleeping car companies and express
companies taxed on the gross earnings basis in lieu of ad
valorem taxes. For purposes of this clause "rolling stock" is
defined as the portable or moving apparatus and machinery of any
such company which moves on the road, and includes, but is not
limited to, engines, cars, tenders, coaches, sleeping cars and
parts necessary for the repair and maintenance of such rolling
stock;
(m) The gross receipts from sales of airflight equipment
and the storage, use or other consumption of such property by
airline companies taxed under the provisions of sections 270.071
to 270.079. For purposes of this clause, "airflight equipment"
includes airplanes and parts necessary for the repair and
maintenance of such airflight equipment, and flight simulators;
(n) The gross receipts from the sale of telephone central
office telephone equipment used in furnishing intrastate and
interstate telephone service to the public;
(o) The gross receipts from the sale of and the storage,
use or other consumption by persons taxed under the in lieu
provisions of chapter 298, of mill liners, grinding rods and
grinding balls which are substantially consumed in the
production of taconite, the material of which primarily is added
to and becomes a part of the material being processed;
(p) The gross receipts from the sale of tangible personal
property to, and the storage, use or other consumption of such
property by, any corporation, society, association, foundation,
or institution organized and operated exclusively for
charitable, religious or educational purposes if the property
purchased is to be used in the performance of charitable,
religious or educational functions, or any senior citizen group
or association of groups that in general limits membership to
persons age 55 or older and is organized and operated
exclusively for pleasure, recreation and other nonprofit
purposes, no part of the net earnings of which inures to the
benefit of any private shareholders. Sales exempted by this
clause include sales pursuant to section 297A.01, subdivision 3,
clauses (d) and (f). This exemption shall not apply to
building, construction or reconstruction materials purchased by
a contractor or a subcontractor as a part of a lump-sum contract
or similar type of contract with a guaranteed maximum price
covering both labor and materials for use in the construction,
alteration or repair of a building or facility. This exemption
does not apply to construction materials purchased by tax exempt
entities or their contractors to be used in constructing
buildings or facilities which will not be used principally by
the tax exempt entities;
(q) The gross receipts from the sale of caskets and burial
vaults;
(r) The gross receipts from the sale of an automobile or
other conveyance if the purchaser is assisted by a grant from
the United States in accordance with 38 United States Code,
section 1901, as amended;
(s) The gross receipts from the sale to the licensed
aircraft dealer of an aircraft for which a commercial use permit
has been issued pursuant to section 360.654, if the aircraft is
resold while the permit is in effect;
(t) The gross receipts from the sale of building materials
to be used in the construction or remodeling of a residence when
the construction or remodeling is financed in whole or in part
by the United States in accordance with 38 United States Code,
sections 801 to 805, as amended. This exemption shall not be
effective at time of sale of the materials to contractors,
subcontractors, builders or owners, but shall be applicable only
upon a claim for refund to the commissioner of revenue filed by
recipients of the benefits provided in title 38 United States
Code, chapter 21, as amended. The commissioner shall provide by
regulation for the refund of taxes paid on sales exempt in
accordance with this paragraph;
(u) The gross receipts from the sale of textbooks which are
prescribed for use in conjunction with a course of study in a
public or private school, college, university and business or
trade school to students who are regularly enrolled at such
institutions. For purposes of this clause a "public school" is
defined as one that furnishes course of study, enrollment and
staff that meets standards of the state board of education and a
private school is one which under the standards of the state
board of education, provides an education substantially
equivalent to that furnished at a public school. Business and
trade schools shall mean such schools licensed pursuant to
section 141.25;
(v) The gross receipts from the sale of and the storage of
material designed to advertise and promote the sale of
merchandise or services, which material is purchased and stored
for the purpose of subsequently shipping or otherwise
transferring outside the state by the purchaser for use
thereafter solely outside the state of Minnesota;
(w) The gross receipt from the sale of residential heating
fuels in the following manner:
(i) all fuel oil, coal, wood, steam, hot water, propane
gas, and L.P. gas sold to residential customers for residential
use;
(ii) natural gas sold for residential use to customers who
are metered and billed as residential users and who use natural
gas for their primary source of residential heat, for the
billing months of November, December, January, February, March
and April;
(iii) electricity sold for residential use to customers who
are metered and billed as residential users and who use
electricity for their primary source of residential heat, for
the billing months of November, December, January, February,
March and April;
(x) The gross receipts from the sale or use of tickets or
admissions to the premises of or events sponsored by an
association, corporation or other group of persons which
provides an opportunity for citizens of the state to participate
in the creation, performance or appreciation of the arts and
which qualifies as a tax-exempt organization within the meaning
of Minnesota Statutes 1980, section 290.05, subdivision 1,
clause (i);
(y) The gross receipts from either the sales to or the
storage, use or consumption of tangible personal property by an
organization of military service veterans or an auxiliary unit
of an organization of military service veterans, provided that:
(i) the organization or auxiliary unit is organized within
the state of Minnesota and is exempt from federal taxation
pursuant to section 501(c), clause (19), of the Internal Revenue
Code as amended through December 31, 1982; and
(ii) the tangible personal property which is sold to or
stored, used or consumed by the organization or auxiliary unit
is for charitable, civic, educational, or nonprofit uses and not
for social, recreational, pleasure or profit uses;
(z) The gross receipts from the sale of sanitary napkins,
tampons, or similar items used for feminine hygiene;
(aa) The gross receipts from the sale of a manufactured
home, as defined in section 327.31, subdivision 6, to be used by
the purchaser for residential purposes, unless the sale is the
first retail sale of the manufactured home in this state;
(bb) The gross receipts from the sale of equipment used for
processing solid or hazardous waste at a resource recovery
facility, as defined in section 115A.03, subdivision 28.
Sec. 87. Minnesota Statutes 1984, section 299A.01,
subdivision 6, is amended to read:
Subd. 6. The commissioner of public safety shall have the
power to promulgate such rules and regulations pursuant to
chapter 14, as are necessary to carry out the purposes of Laws
1969, chapter 1129. In addition, the commissioner may prescribe
by rule fees for the rental of films from the department.
Sec. 88. Minnesota Statutes 1984, section 352D.02,
subdivision 1, is amended to read:
Subdivision 1. [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 chair, 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,; the chair, executive director,
and not to exceed three positions at the division director or
assistant to the chair level of the regional transit board; a
chief administrator who is an employee of the metropolitan
transit commission; and the chairman chair, 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 human services,
(9) Any employee whose principal employment is at the state
ceremonial house,
(10) Employees of the Minnesota educational computing
corporation, and
(11) Any employee of the world trade center board.
Sec. 89. Minnesota Statutes 1984, section 360.018,
subdivision 6, is amended to read:
Subd. 6. [LICENSING OF AIRPORTS AND OTHER AIR NAVIGATION
FACILITIES.] All proposed airports, restricted landing areas,
and other air navigation facilities shall be first licensed by
the commissioner before they, or any of them, shall be used or
operated. Any municipality or person acquiring property for the
purpose of constructing or establishing an airport or restricted
landing area shall, prior to such acquisition, make application
to the commissioner for a certificate of approval of the site
selected and the general purpose or purposes for which the
property is to be acquired, to insure that the property and its
use shall conform to minimum standards of safety and shall serve
public interest. It shall be unlawful for any municipality or
officer or employee thereof, or for any person, to operate an
airport, restricted landing area, or other air navigation
facility for which an annual license has not been issued by the
commissioner. Notwithstanding the foregoing, a personal use
airport that is more than five miles from a public airport,
whether publicly or privately owned, need not obtain a license
from the commissioner.
Sec. 90. Minnesota Statutes 1984, section 360.024, is
amended to read:
360.024 [AIR TRANSPORTATION SERVICES.]
The commissioner shall charge users of air transportation
services provided by the commissioner for all direct and
indirect operating costs, excluding including salaries and
acquisition of aircraft. All receipts for these services shall
be deposited in the air transportation services account in the
state airports fund and are appropriated to the commissioner to
pay all direct and indirect air service operating costs,
excluding including salaries. Receipts to cover the cost of
acquisition of aircraft must be transferred and credited to the
hangar construction revolving account.
Sec. 91. Minnesota Statutes 1984, section 453.51, is
amended to read:
453.51 [INTENT.]
Sections 453.51 to 453.62 are intended to provide a means
for those Minnesota cities which now or hereafter own and
operate a utility pursuant to law for the local distribution of
electric energy to secure, by individual or joint action among
themselves or by contract with other public or private entities
within or outside the state, an adequate, economical, and
reliable supply of energy. It is also the purpose of sections
453.51 to 453.62 to provide a means for Minnesota cities to
construct and operate hydroelectric generating plants. To
accomplish this purpose these purposes it is necessary for such
cities to have power, by agreement between or among two or more
of their number, to create a separate municipal corporation with
the power and authority to finance and acquire facilities for
the generation or transmission of electric energy, or interests
in such facilities or rights to part of all of the capacity
thereof. It is determined that an adequate, economical, and
reliable supply of electric energy is essential to the orderly
growth and prosperity of these communities, and a shortage of
such energy is inimical to the safety, health, morale, and
welfare of residents of the state and to the sound growth and
developments of its communities. Such a shortage exists and is
expected to continue or increase because of the difficulty,
among others, in the operation of municipal generating plants,
of achieving economies of size, limiting environmental impacts,
and providing for peak loads. Accordingly it is determined that
the exercise of the powers granted herein will benefit the
people of the state and serve a valid public purpose in
improving and otherwise promoting their health, welfare, and
prosperity.
Sec. 92. Minnesota Statutes 1984, section 453.54,
subdivision 15, is amended to read:
Subd. 15. It may contract with any person, within or
outside the state, for the construction of any project or for
the sale, with or without advertising for bids, or transmission
of electric energy generated by any project, or for any interest
therein or any right to capacity thereof, on such terms and for
such period of time as its board of directors determines.
Sec. 93. Minnesota Statutes 1984, section 453.58, is
amended by adding a subdivision to read:
Subd. 4. [NO TAXATION OF PROPERTY; INTENT.] (a)
Notwithstanding anything in sections 453.51 to 453.62 to the
contrary, a city, by the exercise of any or all of the powers
granted in sections 453.51 to 453.62, is not subject to any duty
under section 453.54, subdivision 20, to pay amounts in lieu of
taxes on any of its property. The sale or distribution of
electric energy to private persons shall not cause a project to
be treated as not used exclusively for a public purpose.
(b) This subdivision is adopted to clarify the powers
intended to be granted to cities under section 453.58, and the
consequences thereof, is remedial in character, and applies to
all property heretofore or hereafter acquired through the
exercise of any of the powers of sections 453.51 to 453.62.
Sec. 94. Minnesota Statutes 1984, section 473.373,
subdivision 4, is amended to read:
Subd. 4. [TERMS.] The initial terms of members and the
chair appointed under Laws 1984, chapter 654, article 3, section
116, commence on the first day after July 1, 1984, that the
chair and at least seven other members have been appointed and
qualified and expire on the first day that the chair and eight
members appointed under section 473.141 and this section are
appointed and qualified. By August 1, 1985, the appointing
authorities shall appoint a chair and eight members from the
districts defined in section 473.141. The initial terms of
members and the chair appointed in 1985 are as follows: members
representing commission districts, B, E, F, J, K, L, and N, A,
B, C, and D 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, E, F, G, and H for terms ending the first Monday in January
of the year ending in the numeral "9." Thereafter the term of
each member and the chair is four years, subject to the
provisions on apportionment, successor qualification, removal,
and vacancy of section 473.141, subdivisions 4a, 5, and 6.
Sec. 95. Minnesota Statutes 1984, section 473.373,
subdivision 6, is amended to read:
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.
Sec. 96. Minnesota Statutes 1984, section 473.375,
subdivision 4, is amended to read:
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. Except for the rental or
lease of its office space, the board may not acquire or hold any
permanent or temporary right, title, or interest in or to real
property, including easements or development rights.
Sec. 97. Minnesota Statutes 1984, section 473.375, is
amended by adding a subdivision to read:
Subd. 17. [AUDIT.] The board must be audited at least once
each year. The board may elect to be audited by a certified
public accountant or by the state auditor. If the board chooses
the state auditor, the state auditor shall audit, either
directly or by subcontract, the board's financial accounts and
affairs at least once each year. The information in the audit
must be contained in the annual report and distributed in
accordance with section 473.445, subdivision 3. The board shall
pay the total cost of the audit, including the salaries paid to
the examiners while actually engaged in making the examination.
The state auditor may bill monthly or at the completion of the
audit. All collections received for the state audits must be
deposited in the revolving fund of the state auditor.
Sec. 98. Minnesota Statutes 1984, section 473.38,
subdivision 2, is amended to read:
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, in half-year
segments. 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.
Sec. 99. Minnesota Statutes 1984, section 473.384,
subdivision 7, is amended to read:
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, or 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.
Sec. 100. Minnesota Statutes 1984, section 473.386,
subdivision 2, is amended to read:
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 committee of individuals
representing the elderly, handicapped, and other users of
service provided by the project, representatives of persons
contracting to provide services for the project, and
representatives of appropriate agencies to advise the board on
management policy committee policies for the project.
Sec. 101. [473.387] [SPECIAL TRANSPORTATION MARKETS.]
Subdivision 1. [PURPOSES.] The legislature finds and
declares that the limited public resources available to
subsidize transit require increased efforts to concentrate
service and funding on special sectors of the marketplace, so as
to ensure a basic level of mobility for all persons in the
metropolitan area. The purposes of the programs established by
this section are to better target transit services and
expenditures on transit dependent sectors of the market and to
increase the efficiency and effectiveness and control the cost
of transit services for persons who lack private means of
transportation.
Subd. 2. [ADMINISTRATION.] The regional transit board
shall design and administer the programs under this section.
The board may request proposals for projects to demonstrate
methods of achieving the purposes of programs administered under
this section. The board shall design or ensure the design of
programs that will provide better access for the targeted
service groups to places of employment and activity throughout
the metropolitan area, using regular route transit, paratransit,
taxis, car or van pools, or other means of conveyance. The
board may organize the services by providing to individuals,
directly or indirectly, reduced fares or passes on public
transit or vouchers to be used to purchase transportation; by
contracting with public and private providers; by arrangements
with government agencies, civic and community organizations or
nonprofit groups providing assistance to the targeted service
groups; by arrangements with prospective employers, with
employment, education, retail, medical, or other activity
centers, or with local governments; or by any other methods
designed to improve service and reduce costs to the targeted
service groups.
Subd. 3. [JOBSEEKERS.] The board shall establish a program
and policies to increase the availability and utility of public
transit services and reduce transportation costs for persons who
are seeking employment and who lack private means of
transportation.
Subd. 4. [TRANSIT DISADVANTAGED.] The board shall
establish a program and policies to reduce transportation costs
for persons who are, because of limited incomes, age,
disability, or other reasons, especially dependent on public
transit for common mobility.
Sec. 102. Minnesota Statutes 1984, section 473.39,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL AUTHORITY.] The transit board
council, if authorized requested by vote of at least two-thirds
of all its of the members of the transit board, may borrow money
on terms, and in the manner it deems proper issue general
obligation bonds to provide funds to the board for expenditure
to implement the board's approved capital development program
and for the refunding of outstanding bonds, certificates of
indebtedness, and judgments. The council may not unreasonably
withhold the issuance of obligations for a capital development
program that has been approved by the council. The board
council 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. Except as otherwise provided in
sections 473.371 to 473.449, the council shall provide for the
issuance, sale, and security of the bonds in the manner provided
in chapter 475, and has the same powers and duties as a
municipality issuing bonds under that law, except that no
election is required and the net debt limitations in chapter 475
do not apply to the bonds. 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 council and board, nor any
member or officer or employee of it the board or council, is
liable on the obligations. The obligations may be secured by
taxes levied without limitation of rate or amount upon all
taxable property in the transit taxing district and transit area
as provided in section 473.446. The council shall certify to
the transit board before October 1 of each year the amounts
necessary to provide full and timely payment of the
obligations. As part of its levy made under section 473.446,
the board shall levy the amounts certified by the council and
transfer the proceeds to the council for payment of the
obligations. The taxes must be levied, certified, and collected
in accordance with the terms and conditions of the indebtedness.
Sec. 103. Minnesota Statutes 1984, section 473.39, is
amended by adding a subdivision to read:
Subd. 1a. [AMOUNT; I-394 FACILITIES.] The council may
issue certificates of indebtedness, bonds, or other obligations
under this section in an amount not exceeding $8,500,000 for
expenditure as prescribed in the capital development program of
the board required by section 473.377, subdivision 2, clause (a).
Of this amount, no more than $1,500,000 may be spent for land
acquisition and capital improvements for park and ride lots and
transit transfer stations planned for the interstate highway
described in section 161.123, clause (2), commonly known as
I-394. These facilities may be constructed and maintained by
the metropolitan transit commission. The board shall require,
as a condition of financial assistance to the commission, that
the commission make facilities it constructs, acquires, or
improves for I-394 with funds provided under this provision
available to all transit providers on a nondiscriminatory basis,
as the board defines these terms.
Sec. 104. Minnesota Statutes 1984, section 473.39,
subdivision 2, is amended to read:
Subd. 2. [LEGAL INVESTMENTS.] Certificates of
indebtedness, bonds, or other obligations issued by the board
council 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.
Sec. 105. [473.398] [TRANSIT NEEDS ASSESSMENT.]
The metropolitan council, the regional transit board, the
metropolitan transit commission, and any regional rail authority
or political subdivision in the metropolitan area may not either
separately or in combination expend or obligate any money from
public sources for study, planning, design, preliminary
engineering, engineering, acquisition, construction, or any
other purpose related to facilities for transporting passengers
by cars operating on fixed rails, without express legislative
authorization.
Before performing any further detailed work on light rail
transit, the regional transit board shall complete the total
assessment of transit service needs and markets for the
metropolitan area and the implementation plan required by
section 473.377, subdivisions 1 and 2. It may consider any mode
of travel to serve identified needs and markets.
Following approval of the implementation plan by the
metropolitan council, as required by section 473.377,
subdivision 1, the regional transit board may commence corridor
planning, consisting of preliminary engineering for general
route configuration and alignments, station locations, modal
interconnectors, and access of any modes including light rail
transit, for the corridor between the downtowns of Minneapolis
and St. Paul if the needs assessment and implementation plan so
provide. It may utilize private or public funds to do this work.
The board shall report to the legislature by December 1,
1986, on the needs, alternative transit systems, and services
considered and recommendations for implementation, costs,
alternative sources of financing, and preferred financing
sources.
Sec. 106. Minnesota Statutes 1984, section 473.404,
subdivision 7, is amended to read:
Subd. 7. [COMPENSATION.] Each member, including the chair,
must be compensated as provided for commission members in
section 473.141, subdivision 7.
Sec. 107. Minnesota Statutes 1984, section 473.405,
subdivision 12, is amended to read:
Subd. 12. [MANAGEMENT CONTRACTS.] Notwithstanding any of
the other provisions of sections 473.401 to 473.451, the
commission may, in lieu of directly operating any public transit
system or any part thereof, enter into contracts for management
services. The contracts may provide for compensation, incentive
fees, the employment of personnel, the services provided, and
other terms and conditions that the commission deems proper.
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 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, may either 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.
Sec. 108. Minnesota Statutes 1984, section 473.408, is
amended by adding a subdivision to read:
Subd. 2a. [REGULAR ROUTE FARES.] The board shall establish
and enforce uniform fare policies for regular route transit in
the metropolitan area. The policies must be stated in the
board's three-year transit service implementation and financing
plan. The policies must be consistent with the requirements of
this section and the council's transportation policy plan. The
commission and other operators shall charge a base fare and any
surcharges for peak hours and distance of service in accordance
with the policies prescribed in the approved implementation plan
of the transit board. The commission and other operators shall
submit their fare schedules to the board for approval.
Sec. 109. Minnesota Statutes 1984, section 473.408,
subdivision 4, is amended to read:
Subd. 4. [DOWNTOWN CIRCULATION FARES.] The commission and
other operators may charge not less than ten cents a reduced
fare for service on any route providing circulation service in a
downtown area or community activity center. The commission and
other operators shall not contribute more than 50 percent of the
operating deficit of any such route that is confined to a
downtown area or community activity center. The boundaries of
service districts eligible for reduced fares under this
subdivision must be approved by the board.
Sec. 110. Minnesota Statutes 1984, section 473.435,
subdivision 2, is amended to read:
Subd. 2. [AUDIT.] The commission must be audited at least
once each year. The commission may elect to be audited by a
certified public accountant or by the state auditor. If the
commission chooses the state auditor, the transit commission
shall employ a certified public accountant or firm to state
auditor shall make an annual audit, either directly or by
subcontract, of the commission's financial accounts and
affairs for the last fiscal year on or before November 30 of
each year, and at least once each year. Copies of the auditor's
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. The commission shall pay the total cost
of the audit, including the salaries paid to the examiners while
actually engaged in making the examination. The state auditor
may bill monthly or at the completion of the audit. All
collections received for the state audits must be deposited in
the revolving fund of the state auditor.
Sec. 111. Minnesota Statutes 1984, 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 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. The resolution 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 are payable from committed or appropriated money
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. The
commission is authorized to pledge to the payment of the note or
notes taxes levied by the regional transit board under section
473.446, subdivision 1, clause (a), and if taxes are so pledged
the board shall transfer amounts received from the levy to the
commission for payment of the note or 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, received by the transit board and any
income and revenue received by or accrued to the commission
during the fiscal year in which the note or notes were issued,
or other money of the commission lawfully available therefor.
Sec. 112. Minnesota Statutes 1984, section 473.446,
subdivision 1, is amended to read:
473.446 [TRANSIT TAX LEVIES.]
Subdivision 1. [TAXATION WITHIN TRANSIT TAXING DISTRICT.]
For the purposes of sections 473.401 to 473.451 and the
metropolitan transit system, except as otherwise provided in
this subdivision the regional transit board shall levy each year
upon all taxable property within the metropolitan transit taxing
district, defined in subdivision 2, a transit tax consisting of:
(a) An amount up to two mills times the assessed value of
all such property, based upon the level of transit service
provided for the property, the proceeds of which shall be used
for payment of the expenses of operating transit and paratransit
service and to provide for payment of obligations issued by the
commission under section 473.436, subdivision 6;
(b) An additional amount, if any, as the commission
determines to be necessary to provide for the full and timely
payment of its certificates of indebtedness and other
obligations outstanding on July 1, 1977 1985, to which property
taxes under this section have been pledged; and
(c) An additional amount necessary to provide full and
timely payment of certificates of indebtedness, bonds, or other
obligations issued or to be issued pursuant to under section
473.436 473.39 by the council for purposes of acquisition and
betterment of property and other improvements of a capital
nature and to which the commission council or board has
specifically pledged tax levies under this clause.
The county auditor shall reduce the tax levied pursuant to
this subdivision on all property within statutory and home rule
charter cities or and towns that receive full peak service and
limited off-peak service by an amount equal to the tax levy that
would be produced by applying a rate of 0.5 mills on the
property. The county auditor shall reduce the tax levied
pursuant to this subdivision on all property within statutory
and home rule charter cities or and towns that receive limited
peak service by an amount equal to the tax levy that would be
produced by applying a rate of 0.75 mills on the property. The
amounts so computed by the county auditor shall be submitted to
the commissioner of revenue as part of the abstracts of tax
lists required to be filed with the commissioner under section
275.29. Any prior year adjustments shall also be certified in
the abstracts of tax lists. The commissioner shall review the
certifications to determine their accuracy. He may make changes
in the certification as he may deem necessary or return a
certification to the county auditor for corrections. The
commissioner shall pay to the regional transit board the amounts
certified by the county auditors on the dates provided in
section 273.13, subdivision 15a, clause (3). There is annually
appropriated from the general fund in the state treasury to the
department of revenue the amounts necessary to make these
payments in fiscal year 1987 and thereafter.
For the purposes of this subdivision, "full peak and
limited off-peak service" means peak period regular route
service, plus weekday midday regular route service with a
frequency of more at intervals longer than 60 minutes on the
route with the greatest frequency; and "limited peak period
service" means peak period regular route service only.
Sec. 113. Minnesota Statutes 1984, section 473.446,
subdivision 1a, is amended to read:
Subd. 1a. [TAXATION WITHIN TRANSIT AREA.] For the purposes
of sections 473.401 to 473.451, and the metropolitan transit
system, the metropolitan transit commission regional transit
board shall levy upon all taxable property within the
metropolitan transit area but outside of the metropolitan
transit taxing district, defined in subdivision 2, a transit
tax, which shall be equal to ten percent of the sum of the
levies provided in subdivision 1, clauses (a) to (c). The
proceeds of this tax shall be used only for paratransit services
or ride sharing programs designed to serve persons located
within the transit area but outside of the transit taxing
district.
Sec. 114. Minnesota Statutes 1984, 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 certification to the transit board levy 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. 115. Minnesota Statutes 1984, section 473.446,
subdivision 3, is amended to read:
Subd. 3. [CERTIFICATION AND COLLECTION.] On or before
October 10 in each year the commission regional transit board
shall certify the total amount of the tax levied pursuant to
subdivision 1 to the auditor of each metropolitan county. Each
county auditor shall then assess and extend upon the tax rolls
in his county that proportion of the tax which the assessed
value of taxable property in his county bears to the assessed
value of all taxable property in the metropolitan area. Each
county treasurer shall collect and make settlement of such taxes
with the treasurer of the commission board. The levy of transit
taxes pursuant to this section shall not affect the amount or
rate of taxes which may be levied by any county or municipality
or by the commission board for other purposes authorized by law
and shall be in addition to any other property tax authorized by
law.
Sec. 116. Minnesota Statutes 1984, section 500.24,
subdivision 3, is amended to read:
Subd. 3. [FARMING AND OWNERSHIP OF AGRICULTURAL LAND BY
CORPORATIONS RESTRICTED.] No corporation or pension or
investment fund shall engage in farming; nor shall any
corporation or pension or investment fund, directly or
indirectly, own, acquire, or otherwise obtain an interest,
whether legal, beneficial or otherwise, in any title to real
estate used for farming or capable of being used for farming in
this state. Provided, however, that the restrictions provided
in this subdivision shall not apply to the following:
(a) A bona fide encumbrance taken for purposes of security;
(b) A family farm corporation or an authorized farm
corporation as defined in subdivision 2;
(c) Agricultural land and land capable of being used for
farming owned by a corporation as of May 20, 1973 or a pension
or investment fund as of May 12, 1981 including the normal
expansion of such ownership at a rate not to exceed 20 percent
of the amount of land owned as of May 20, 1973, or, in the case
of a pension or investment fund, as of May 12, 1981, measured in
acres, in any five year period, and including additional
ownership reasonably necessary to meet the requirements of
pollution control regulations;
(d) Agricultural land operated for research or experimental
purposes, provided that any commercial sales from such farm
shall be incidental to the research or experimental objectives
of the corporation;
(e) Agricultural land operated by a corporation for the
purpose of raising breeding stock, including embryos, for resale
to farmers or operated for the purpose of growing seed, wild
rice, nursery plants or sod;
(f) Agricultural land and land capable of being used for
farming leased by a corporation in an amount, measured in acres,
not to exceed the acreage under lease to such corporation as of
May 20, 1973 and the additional acreage required for normal
expansion at a rate not to exceed 20 percent of the amount of
land leased as of May 20, 1973 in any five year period, and the
additional acreage reasonably necessary to meet the requirements
of pollution control regulations;
(g) Agricultural land when acquired as a gift (either by
grant or a devise) by an educational, religious or charitable
non-profit corporation or by a pension or investment fund;
provided that all lands so acquired by a pension or investment
fund, and all lands so acquired by a corporation which are not
operated for research or experimental purposes, or are not
operated for the purpose of raising breeding stock for resale to
farmers or operated for the purpose of growing seed, wild rice,
nursery plants or sod must be disposed of within ten years after
acquiring title thereto;
(h) Agricultural land acquired by a pension or investment
fund or a corporation other than a family farm corporation or
authorized farm corporation, as defined in subdivision 2, for
which the corporation has documented plans to use and
subsequently uses the land within six years from the date of
purchase for a specific nonfarming purpose, or if the land is
zoned nonagricultural, or if the land is located within an
incorporated area. A pension or investment fund or a
corporation may hold such agricultural land in such acreage as
may be necessary to its nonfarm business operation; provided,
however, that pending the development of agricultural land for
nonfarm purposes, such land may not be used for farming except
under lease to a family farm unit, a family farm corporation or
an authorized farm corporation, or except when controlled
through ownership, options, leaseholds, or other agreements by a
corporation which has entered into an agreement with the United
States of America pursuant to the New Community Act of 1968
(Title IV of the Housing and Urban Development Act of 1968, 42
U.S.C. 3901-3914) as amended, or a subsidiary or assign of such
a corporation;
(i) Agricultural lands acquired by a pension or investment
fund or a corporation by process of law in the collection of
debts, or by any procedure for the enforcement of a lien or
claim thereon, whether created by mortgage or otherwise;
provided, however, that all lands so acquired be disposed of
within ten years after acquiring the title thereto, and further
provided that the land so acquired shall not be used for farming
during the ten year period except under a lease to a family farm
unit, a family farm corporation or an authorized farm
corporation. The aforementioned ten year limitation period
shall be deemed a covenant running with the title to the land
against any pension or investment fund or corporate grantee or
assignee or the successor of such pension or investment fund or
corporation;
(j) Agricultural land acquired by a corporation regulated
under the provisions of Minnesota Statutes 1974, Chapter 216B,
for purposes described in that chapter or by an electric
generation or transmission cooperative for use in its business,
provided, however, that such land may not be used for farming
except under lease to a family farm unit, or a family farm
corporation;
(k) Agricultural land, either leased or owned, totaling no
more than 2700 acres, acquired after May 20, 1973 for the
purpose of replacing or expanding asparagus growing operations,
provided that such corporation had established 2000 acres of
asparagus production;
(l) All agricultural land or land capable of being used for
farming which was owned or leased by an authorized farm
corporation as defined in Minnesota Statutes 1974, Section
500.24, Subdivision 1, Clause (d) but which does not qualify as
an authorized farm corporation as defined in subdivision 2,
clause (d);
(m) A corporation formed primarily for religious purposes
whose sole income is derived from agriculture;
(n) Agricultural land owned or leased by a corporation
prior to August 1, 1975, which was exempted from the restriction
of subdivision 3 under the provisions of Laws 1973, Chapter 427,
including normal expansion of such ownership or leasehold
interest to be exercised at a rate not to exceed 20 percent of
the amount of land owned or leased on August 1, 1975 in any five
year period and the additional ownership reasonably necessary to
meet requirements of pollution control regulations.
(o) Agricultural land owned or leased by a corporation
prior to August 1, 1978, including normal expansion of such
ownership or leasehold interest, to be exercised at a rate not
to exceed 20 percent of the amount of land owned or leased on
August 1, 1978 and the additional ownership reasonably necessary
to meet requirements of pollution control regulations, provided
that nothing herein shall reduce any exemption contained under
the provisions of Laws 1975, Chapter 324, Section 1, Subdivision
2.
(p) An interest in the title to agricultural land acquired
by a pension fund or family trust established by the owners of a
family farm, authorized farm corporation or family farm
corporation, but limited to the farm on which one or more of
those owners or shareholders have resided or have been actively
engaged in farming as required by subdivision 2, clause (b),
(c), or (d).
Sec. 117. Minnesota Statutes 1984, section 626.861, is
amended by adding a subdivision to read:
Subd. 4. [PEACE OFFICERS TRAINING ACCOUNT.] Receipts from
penalty assessments must be credited to a peace officers
training account in the special revenue fund. Money credited to
the peace officers training account may be appropriated for but
not limited to the following purposes:
(a) Up to ten percent may be provided for reimbursement to
board approved skills courses in proportion to the number of
students successfully completing the board's skills licensing
examination.
(b) The balance may be used to pay each local unit of
government an amount in proportion to the number of licensed
peace officers and constables employed, at a rate to be
determined by the board. The disbursed amount must be used
exclusively for reimbursement of the cost of in-service training
required under chapters 214 and 626.
Sec. 118. Minnesota Statutes 1984, section 626.88,
subdivision 3, is amended to read:
Subd. 3. [EXCEPTION.] Security guards employed by the
capitol complex security division of the department of public
safety are not required to comply with subdivision 2 until July
1, 1985, at which time they shall be subject to the same uniform
color restrictions as other security guards.
Sec. 119. Laws 1985, chapter 168, section 14, is amended
to read:
Sec. 14. [EFFECTIVE DATE.]
Sections 1 to 4, 8, 11, and 12 are effective July October
1, 1985, and apply to all insurance policies providing benefits
for injuries arising out of the maintenance or use of a motor
vehicle or motorcycle that are executed, issued, issued for
delivery, delivered, continued, or renewed in this state
after June 30 September 30, 1985. Sections 5 and 9 are
effective the day following final enactment.
Sections 6, 7, 10, and 13 are effective October 1, 1985.
Sec. 120. Laws 1985, chapter 290, section 14, is amended
to read:
Sec. 14. [EFFECTIVE DATES.]
Sections 1 to 3; section 4, subdivisions 1 and 2; and
sections 5 to 13 are effective July 1, 1985. Section 4,
subdivision 3, is effective July 1, 1986 Sections 2 to 12 are
effective 12 months after completion of the study required by
section 13.
Sec. 121. Laws 1985, chapter 309, section 14, is amended
to read:
Sec. 14. [EFFECTIVE DATE.]
Sections 1 to 4 and 6 are effective July October 1, 1985,
and apply to all insurance policies providing benefits for
injuries arising out of the maintenance or use of a motor
vehicle or motorcycle that are executed, issued, issued for
delivery, delivered, continued, or renewed in this state
after June 30 September 30, 1985.
Sections 7 and 9 are effective the day following final
enactment. Section 12 is effective July 1, 1985, and applies to
causes of action arising on or after that date.
Sec. 122. [FARE RESTRICTIONS SUSPENDED.]
The provisions respecting fares of the metropolitan transit
commission in Laws 1981, chapter 363, section 55, subdivision 1;
Laws 1981, third special session, chapter 2, article 1, section
2, subdivision 2; and Laws 1983, chapter 293, section 2,
subdivision 5, are suspended until July 1, 1987.
Sec. 123. [REPEALER.]
Subdivision 1. Minnesota Statutes 1984, sections 60A.15,
subdivision 14; 62A.025; 473.373, subdivision 7; 473.39,
subdivision 3; 473.408, subdivisions 3, 3a, 3b, and 5; 473.436,
subdivisions 1, 4, and 5; 473.438; and 473.446, subdivision 6,
are repealed.
Subd. 2. Laws 1985, chapter 241, section 2, is repealed.
Subd. 3. Minnesota Statutes 1984, section 17.717,
subdivision 6, is repealed.
Subd. 4. Minnesota Statutes 1984, section 473.373,
subdivision 2, is repealed.
Subd. 5. Minnesota Statutes 1984, section 65B.49,
subdivision 4, as amended by Laws 1985, chapter 168, section 11,
and chapter 309, section 5, is repealed.
Any amendment to Minnesota Statutes, section 65B.49,
subdivision 4, enacted at the same special session that enacts
this subdivision, is void.
Sec. 124. [APPLICATION.]
Sections 94 to 115 apply in the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 125. [EFFECTIVE DATE.]
Sections 31; 32; 45; 83; 84; 85; 105; 116; 120; and 123,
subdivisions 2 and 5, are effective the day following final
enactment. Sections 43; 46; 117; and 123, subdivision 3, are
effective July 1, 1987. Section 33 is effective the day after
compliance with Minnesota Statutes, section 645.021, subdivision
3, for the city of Hastings by the governing body of the city of
Hastings, and for the city of St. Cloud by the governing body of
the city of St. Cloud. Section 86 is effective for sales made
after June 30, 1985. Section 123, subdivision 4, is effective
August 1, 1985.
Section 68 is effective October 1, 1985, and applies to all
insurance policies providing benefits for injuries arising out
of the maintenance or use of a motor vehicle or motorcycle that
are executed, issued, issued for delivery, delivered, continued,
or renewed in this state after September 30, 1985.
Approved June 27, 1985
Official Publication of the State of Minnesota
Revisor of Statutes