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 13-H.F.No. 16
An act relating to the organization and operation of
state government; appropriating money for the general
legislative, judicial, and administrative expenses of
state government with certain conditions; providing
for the transfer of certain money in the state
treasury; authorizing land acquisition; fixing and
limiting fees; creating, modifying, transferring, and
abolishing agencies and functions; amending Minnesota
Statutes 1984, sections 2.722, subdivision 1, and by
adding a subdivision; 3.099, subdivision 1; 3.21;
3.302, subdivision 3; 3.303, by adding a subdivision;
3.351, subdivision 3; 3.736, subdivision 3; 3.85,
subdivision 11; 3.9223, subdivision 1; 3C.12,
subdivision 7; 11A.07, by adding a subdivision;
11A.20, subdivision 1; 13.68, subdivision 1; 14.07,
subdivisions 1 and 2; 14.08; 14.26; 14.32; 14.40;
14.47, subdivision 8; 14.48; 14.51; 14.55; 15.0597,
subdivision 1; 15.50, subdivision 3; 15A.081,
subdivisions 1 and 7; 15A.082, subdivisions 2 and 3;
16A.055, subdivision 1; 16A.123, subdivision 3;
16A.127, subdivisions 1, 3, and 5, and by adding a
subdivision; 16A.128; 16A.1281; 16A.275; 16A.40;
16A.42, subdivision 2; 16A.45, subdivision 2; 16A.47;
16A.58; 16A.641, subdivision 10, and by adding a
subdivision; 16A.672, subdivisions 1, 2, and 3;
16B.08, subdivision 7; 16B.09, by adding a subdivision;
16B.21, subdivision 1; 16B.22, as amended; 16B.24,
subdivision 5; 16B.29; 16B.36, subdivision 1; 16B.42,
subdivision 4; 16B.48, subdivision 2; 16B.54,
subdivision 2; 16B.70; 40A.01, subdivision 1; 40A.02,
subdivisions 3, 11, and 15; 40A.03, subdivision 2;
40A.04; 40A.05, subdivisions 1 and 2; 40A.06; 40A.07,
subdivision 2, and by adding a subdivision; 40A.13,
subdivision 1; 40A.15, subdivision 4; 41A.01; 41A.02,
subdivisions 5, 7, 8, and 11, and by adding a
subdivision; 41A.03, subdivisions 1 and 3, and by
adding a subdivision; 41A.04, subdivisions 1, 3, and 4;
41A.05, subdivisions 1, 2, and 3, and by adding a
subdivision; 41A.06, subdivisions 1 and 5; 43A.04,
subdivision 3; 43A.07, subdivision 2; 43A.08,
subdivision 1; 43A.10, subdivision 8; 43A.15, by
adding a subdivision; 43A.18, subdivision 5; 43A.19,
subdivision 1; 43A.30, subdivision 4, and by adding a
subdivision; 46.07, subdivision 2, and by adding a
subdivision; 47.015, subdivision 1; 47.0151,
subdivision 3; 47.0152; 48.13; 49.05, by adding
subdivisions; 52.02, subdivision 3; 52.24,
subdivisions 1 and 2; 53.04, by adding a subdivision;
53.10; 55.095; 65B.49, subdivision 4, as amended;
69.031, subdivision 1; 84.86, subdivision 1; 84B.03,
subdivision 4; 85.05, subdivisions 1 and 2; 85.22,
subdivision 2a; 85.43; 85A.01, subdivisions 1 and 2;
85A.02, subdivisions 3, 4, 5, 7, 12, and 16, and by
adding subdivisions; 85A.04, subdivision 1; 97.4841,
subdivision 3; 97.4842, subdivision 2; 98.45, by
adding a subdivision; 98.46, subdivisions 2, 14, and
15; 100.271, subdivision 2; 105.42, by adding a
subdivision; 115.03, by adding a subdivision; 115A.904;
115A.908, subdivision 2; 115A.914, subdivision 1;
116.07, subdivision 4d; 116.12, subdivision 1;
116C.69, subdivision 3; 116C.71, by adding a
subdivision; 116C.723; 116C.724; 116J.36, subdivision
6, as amended; 116J.76; 116M.03, subdivision 17, and
by adding a subdivision; 116M.04, subdivisions 8a and
9; 116M.05, subdivision 8; 116M.06, subdivisions 2 and
5; 116M.07, subdivisions 2, 4, 8, 9, 11, and 13;
116M.08, subdivisions 11, 12, 14, and 15; 116M.10,
subdivision 8; 116M.11; 116M.12, subdivisions 3 and 4;
176.102, by adding a subdivision; 177.23, subdivisions
4 and 7; 177.24, subdivisions 3, 4, and 5; 177.27;
177.28, subdivision 4; 177.32, subdivision 1; 180.03,
subdivisions 2, 3, and 4; 180.10; 181.79, subdivision
1; 181A.04, subdivision 3; 181A.12, subdivision 1;
183.545, by adding a subdivision; 192.51, subdivision
2; 196.051, by adding a subdivision; 268.05,
subdivision 2; 268.38, subdivisions 1, 2, 6, 7, and 8;
270.75, by adding a subdivision; 270A.07, subdivision
1; 290.50, subdivision 6; 296.421, subdivision 4, and
by adding a subdivision; 297.13, subdivision 1;
298.2211, by adding a subdivision; 326.52; 331A.02,
subdivision 1; 334.021; 352.01, subdivision 2B;
361.03, subdivision 5; 361.27; 363.01, subdivision 24,
and by adding subdivisions; 363.05, subdivision 2;
363.06, subdivision 8; 363.116; 403.11, subdivision 1;
422A.101, subdivision 3, and by adding a subdivision;
462A.03, subdivision 14; 462A.05, subdivisions 11, 12,
and 15a, and by adding subdivisions; 462A.07,
subdivisions 14 and 15; 462A.08, subdivision 3;
462A.20, subdivision 3; 462A.21, subdivision 6, and by
adding a subdivision; 462C.09, by adding a subdivision;
466.03, by adding a subdivision; 471.345, by adding a
subdivision; 472.03, subdivision 9; 472.11,
subdivisions 3 and 9; 472.125; 472.13; 473.123,
subdivision 5; 473.141, subdivision 7; 473.605,
subdivision 2; 473.606, subdivision 1; 473.714;
477A.014, by adding a subdivision; 486.05, subdivision
1, as amended; 487.01, subdivision 5; 494.01, by
adding a subdivision; 609.101; 611.216, subdivision 1,
and by adding a subdivision; and 626.861, by adding a
subdivision; Laws 1984, chapter 502, article 5,
section 19, subdivision 1; Laws 1985, chapter 4,
section 6, subdivision 3, as amended; chapter 221,
sections 1 and 12; and chapter 258, section 1,
subdivision 1; proposing coding for new law in
Minnesota Statutes, chapters 3; 3C; 5; 8; 16A; 40A;
41A; 43A; 47; 84; 85; 85A; 88; 97; 116; 116C; 116J;
116M; 139; 179; 181; 198; 270; 363; 473; and 480;
repealing Minnesota Statutes, sections 7.01; 7.013;
7.02; 7.03; 7.04; 7.05; 7.13; 7.14; 7.15; 7.16; 7.17;
7.18; 10.18; 10.19; 10.20; 10.21; 10.22; 10.23;
16A.42, subdivision 3; 40.19, subdivisions 3, 4, 10,
12, 14, and 15; 40A.13, subdivisions 2, 3, 4, and 5;
43A.19, subdivision 2; 46.15; 47.20, subdivisions 11
and 12; 48.19; 48.57; 48.58; 48.87; 69.031,
subdivision 2; 84.088; 85A.01, subdivision 1a; 85A.03;
85A.04, subdivision 3; 124.471; 296.10; 349.212,
subdivision 3, as amended; 360.301; 360.302; 360.304;
360.306; 360.388; and 360.389; and Laws 1982, chapter
489, section 11; Laws 1984, chapter 502, article 10,
section 12; and chapter 654, article 2, section 151.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [STATE DEPARTMENTS; 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 $5,485,300 $461,690,300 $483,625,000 $950,800,600
Special 38,055,500 40,797,600 78,853,100
State Airports 54,600 104,500 159,100
Game and Fish 33,928,700 34,667,100 68,595,800
Trunk Highway 983,000 10,008,100 15,501,500 26,492,600
Highway User 1,688,800 1,965,000 3,653,800
Workers' Comp. 8,504,800 8,538,400 17,043,200
Environmental 3,058,600 3,320,200 6,378,800
Metro Landfill
Abatement 834,000 834,000 1,668,000
Metro Landfill
Contingency 1,312,300 1,317,500 2,629,800
Minnesota Resources 8,573,500 7,408,200 15,981,700
Motor Vehicle
Transfer 2,288,700 2,712,700 5,001,400
Water Pollution
Control 430,400 352,300 782,700
Transfers to Other
Direct (4,747,300) (3,585,900) (3,459,800) (11,793,000)
TOTAL $1,721,000 $566,842,400 $597,684,200 $1,166,247,600
APPROPRIATIONS
Available for the Year
Ending June 30
1986 1987
Sec. 2. LEGISLATURE
Subdivision 1. Total for $32,380,900 $33,221,200
this section
Summary by Fund
General $32,361,400 $33,201,700
Trunk Highway $19,500 $19,500
Subd. 2. Senate 10,124,000 11,276,000
Subd. 3. House of Representatives 15,946,300 15,194,400
$1,236,300 is to reimburse the house of
representatives for expenses related to
the rehabilitation and renovation of
the state office building.
Subd. 4. Legislative Coordinating
Commission 3,448,500 3,871,200
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Legislative Reference Library
1986 1987
$ 758,900 $ 787,000
(b) Revisor of Statutes
$1,208,200 $1,566,100
(c) Legislative Commission on the
Economic Status of Women
$ 110,400 $ 114,700
(d) Legislative Commission on
Economic Development Strategy
$ 85,000 $ 85,000
(e) Legislative Commission on
Employee Relations
$ 86,200 $ 88,800
(f) Legislative Commission on Energy
$ 25,000 $ 25,000
(g) Great Lakes Commission
$ 34,500 $ 38,600
The appropriation for the second year
is available for expenditure only with
the approval of the governor after
consultation with the chairmen of the
senate finance committee and house of
representatives appropriations
committee and after completion of a
study, to be carried out jointly by the
Great Lakes Commission and the Council
of Great Lakes Governors, concerning
the proper roles of these two agencies.
(h) Legislative Commission on Pensions
and Retirement
$ 592,500 $ 612,500
(i) Legislative Commission on
Public Education
$ 50,000 $ 50,000
(j) Legislative Commission to Review
Administrative Rules
$ 98,500 $ 101,300
(k) Legislative Commission on Waste
Management
$ 104,800 $ 109,800
(l) Mississippi River Parkway Commission
$ 19,500 $ 19,500
This appropriation is from the trunk
highway fund.
(m) Legislative Coordinating
Commission - General Support
$ 245,000 $ 242,900
$50,000 the first year and $50,000 the
second year is reserved for
unanticipated costs of agencies in this
subdivision and subdivision 5. The
legislative coordinating commission may
transfer necessary amounts from this
appropriation to the appropriations of
the agencies concerned, and the amounts
transferred are appropriated to those
agencies to be spent by them. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$62,400 the first year and $64,900 the
second year is for the state
contribution to the national conference
of state legislatures.
(n) Visitor Services
$ 30,000 $ 30,000
Subd. 5. Legislative Audit
Commission 2,862,100 2,879,600
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Legislative Audit Commission
$ 12,200 $ 12,600
(b) Legislative Auditor
$2,849,900 $2,867,000
Sec. 3. SUPREME COURT
Subdivision 1. Total
Appropriation 7,111,800 7,104,600
Summary by Fund
General $5,907,700 $5,900,500
Special $1,204,100 $1,204,100
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Supreme Court Operations
$3,597,000 $3,585,700
$1,204,100 the first year and
$1,204,100 the second year is from the
legal services account in the special
revenue fund for legal services to
low-income clients. Any unencumbered
balance remaining of the legal services
appropriation in the first year does
not cancel but is available for the
second year of the biennium.
During the biennium, all legal services
surcharges collected under Minnesota
Statutes, section 480.241 shall be
spent only upon programs and clients
stipulated by Minnesota Statutes,
sections 480.242 and 480.243.
The supreme court shall prepare and
submit to the legislature by September
1, 1985, a supplement to its report on
the legal services surcharge required
by Laws 1982, chapter 489, section 7.
$2,100 the first year and $2,200 the
second year is for a contingent account
for expenses necessary for the normal
operation of the court for which no
other reimbursement is provided.
Subd. 3. State Court Administrator
$2,892,700 $2,892,000
Of this amount $273,000 the first year
and $290,000 the second year is
available for the costs associated with
the installation and operation of
automated trial court information
systems within a second judicial
district.
The proceeds, fees, and royalties from
licensing or sale of the trial court
information system application software
are appropriated to the supreme court
for purposes of the trial court
information system during the biennium
ending June 30, 1987. The supreme
court shall report to the chairmen of
the senate finance committee and the
house appropriations committee on the
amounts received and the uses to which
they are put.
$196,000 the first year and $183,600
the second year is for allocated costs
of the revisor of statutes.
Subd. 4. State Law Library
$ 622,100 $ 626,900
Sec. 4. COURT OF APPEALS 2,963,300 2,948,600
Sec. 5. TRIAL COURTS
Subdivision 1. Total
Appropriation 15,996,700 15,990,400
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. District and County
Court Judges
$15,387,500 $15,427,700
Subd. 3. District Judges
Executive Secretary
$ 13,500 $ 13,800
Subd. 4. District Court
Administrators
$ 595,700 $ 548,900
During the biennium, current state
employees in judicial districts five
and eight who transfer to county
employment shall have all accumulated
vacation and sick leave and all pension
rights transferred with them to their
county employment.
Sec. 6. BOARD ON JUDICIAL
STANDARDS 149,700 150,800
Approved Complement - 2
Sec. 7. BOARD OF PUBLIC DEFENSE 529,600 557,300
Approved Complement - 1
Sec. 8. PUBLIC DEFENDER 1,280,800 1,334,200
Approved Complement - 28
During the biennium, legal assistance
to Minnesota prisoners shall serve the
civil legal needs of persons confined
to state institutions.
None of this appropriation shall be
used to pay for lawsuits against public
agencies or public officials to change
social or public policy.
Sec. 9. GOVERNOR
Subdivision 1. Total
Appropriation 2,088,900 2,102,200
The amounts that may be spent for each
activity are as follows:
(a) Committee on Appointments
$ 92,600 $ 93,200
(b) Governor's Residence
$ 258,700 $ 261,600
$10,000 each year is to provide
part-time staff assistance to the
governor's residence council
established in Minnesota Statutes,
section 16B.27.
(c) Executive Operations in
Washington, D.C.
$ 160,300 $ 163,100
(d) General Support
$ 14,700 $ 14,500
$14,700 the first year and $14,500 the
second year is for personal expenses
connected with the office of the
governor.
For 1985 - $88,000
$88,000 for fiscal year 1985 is for
costs of hearing a complaint filed
against the Scott county attorney, to
be available until June 30, 1986.
(e) Interstate Representation
and Cooperation
$ 66,500 $ 72,500
This appropriation is for membership
dues of the national governors
association.
Sec. 10. LIEUTENANT GOVERNOR 252,300 253,200
Sec. 11. SECRETARY OF STATE
Subdivision 1. Total Appropriation 1,570,500 1,686,300
Approved Complement - 42
Four data entry positions are in the
unclassified service to convert
corporate and Uniform Commercial Code
records from a paper format to a
computerized format.
The appropriations in this section are
from the special revenue fund.
The amounts that may be spent from this
appropriation for each activity are
specified in the following subdivisions.
Subd. 2. Elections and
Publications
$ 263,800 $ 449,000
Subd. 3. Uniform Commercial
Code
$ 130,700 $ 128,300
Subd. 4. Business Services
$ 534,900 $ 526,400
Subd. 5. Administration
$ 315,600 $ 314,400
Subd. 6. Fiscal Operations
$ 109,500 $ 109,000
Subd. 7. Data Services
$ 216,000 $ 159,200
Sec. 12. STATE AUDITOR 434,800 437,200
Approved Complement - 121.5
General - 7.5
Revolving - 114
$74,700 the first year and $77,300 the
second year is for an account the
auditor may bill for costs associated
with conducting single audits of
federal funds. During the biennium,
this account may be used only when no
other billing mechanism is feasible.
During the biennium ending June 30,
1987, the commissioner of finance shall
not approve any rate increase for the
state auditor beyond those in effect on
January 1, 1985, except for adjustments
necessitated by salary increases,
indirect cost assessments, and other
verifiably escalating expenses
associated with performing their
reimbursable audits.
$176,000 the first year and $178,000
the second year must be subtracted from
the amount that would otherwise be
payable as local government aid under
Minnesota Statutes, chapter 477A, in
order to fund the government
information division.
Sec. 13. STATE TREASURER 162,600 163,700
Approved Complement - 4
Seven positions in the office of the
state treasurer are abolished,
effective June 30, 1985.
The commissioner of employee relations
shall assist in the placement of the
incumbents of abolished positions in
suitable classifications in state
employment where vacancies exist during
the year ending June 30, 1986.
Except as provided in the Minnesota
Constitution, article V; article XI,
sections 7 and 8; and Minnesota
Statutes, sections 9.011; 11A.03; and
16A.27, subdivision 2, the
responsibilities of the state treasurer
are transferred to the commissioner of
finance under Minnesota Statutes,
section 15.039.
The purpose of this reorganization is
to increase the efficiency of state
government while maintaining the system
of checks and balances provided for in
the Minnesota Constitution. This
reorganization and transfer effects
increased efficiency through
elimination of duplicative functions
and integration of similar financial
duties while maintaining the
constitutional responsibilities of the
treasurer and the integrity of the
accounting system. Internal control is
maintained by the separation within the
department of finance of the handling
of cash and other assets from the
accounting records, the daily review by
the treasurer of reconciliation reports
from the commissioner of finance of
state balances on deposit in financial
institutions, and audits by the
legislative auditor of both the records
kept by the treasurer and the records
kept by the commissioner of finance.
Sec. 14. ATTORNEY GENERAL
Subdivision 1. Total
Appropriation 16,324,600 16,821,300
Approved Complement - 338
General - 327
Federal - 11
Summary by Fund
General $15,243,000 $15,663,900
Game and Fish $200,000 $225,000
Trunk Highway $600,000 $625,000
For 1985 - $333,000
Highway User $125,000 $150,000
Environmental $156,600 $157,400
The amounts that may be spent from this
appropriation for each activity are
specified in the following subdivisions.
Subd. 2. Public Administration
$1,280,800 $1,314,800
Subd. 3. Public Resources
$3,678,300 $3,774,800
Subd. 4. Public Assistance
$2,035,200 $2,075,200
Subd. 5. Public Protection
$4,353,000 $4,521,700
Subd. 6. Legal Policy and
Administration
$3,895,700 $3,977,400
$50,000 the first year and $50,000 the
second year is for a special account
for unanticipated legal expenses. If
the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 7. Legal Services to
Dedicated Funds
$1,081,600 $1,157,400
(a) The following amounts are
appropriated to the agencies indicated
to pay for legal services billed to
them by the attorney general. Amounts
not needed for legal services may be
transferred and added to other
appropriations to the agencies.
Natural Resources
Game and Fish $ 200,000 $ 225,000
Public Safety
Trunk Highway $ 600,000 625,000
Highway User $ 125,000 $ 150,000
Pollution Control
Environmental $ 156,600 $ 157,400
(b) The sum of $333,000 is appropriated
from the trunk highway fund for
transfer by the commissioner of finance
to the general fund on June 30, 1985,
in order to reimburse the general fund
for expenses not related to the fund.
These represent amounts appropriated
out of the general fund for legal
services to trunk highway fund purposes
in fiscal year 1983 and fiscal year
1984.
Sec. 15. INVESTMENT BOARD 1,484,100 1,491,100
Approved Complement - 25
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
Sec. 16. ADMINISTRATIVE HEARINGS 1,781,600 1,802,400
Approved Complement - 54.5
Revolving - 18.5
Workers' Compensation - 36
This appropriation is from the workers'
compensation special compensation fund
for considering workers' compensation
claims.
Sec. 17. ADMINISTRATION
Subdivision 1. Total
Appropriation 24,290,300 18,883,200
1986 1987
Approved Complement - 819.1 826.1
General - 185.6 184.6
Special - 28.6 30.6
Dedicated - 603.9 609.9
Gift - 1 1
Summary by Fund
General $22,610,500 $16,185,600
Special $ 979,800 $ 2,697,600
Trunk Highway $ 700,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Agency Services
$4,260,900 $3,620,400
$250,000 the first year is for transfer
to the central motor pool fund as
contributed capital.
$1,412,000 the first year and
$1,002,800 the second year is for
allocated costs of the revisor of
statutes.
During the biennium ending June 30,
1987, the general fund complement of 40
in central purchasing must not be
reduced or transferred to any other
activity.
Subd. 3. Information Services
$9,426,200 $5,940,900
Summary by Fund
General $8,726,200 $4,135,100
Special $1,805,800
Trunk highway $ 700,000
$250,000 is for transfer to the
telecommunications fund as contributed
capital.
$1,200,000 the first year is for
transfer to the computer services fund
as contributed capital, $500,000 from
the general fund and $700,000 from the
trunk highway fund.
$25,000 the first year and $25,000 the
second year is for the cable
communications activity. The
responsibilities of the cable
communications board are transferred to
the commissioner of commerce on June
30, 1985, as provided in Minnesota
Statutes, section 15.039, except that
the positions for board members and
staff are abolished. No positions are
transferred.
$2,748,800 the first year and
$1,805,700 the second year is from the
general fund and $1,805,800 the second
year is from the special revenue fund
for recurring costs of 911 emergency
telephone service. Two general fund
positions cancel on January 1, 1987.
Subd. 4. General Services
$6,503,900 $5,303,600
Summary by Fund
General $5,524,100 $4,411,800
Special $ 979,800 $ 891,800
The department of administration shall
develop a plan to include cost benefit
and effectiveness analysis of
co-locating the central and regional
offices of the Pollution Control Agency
and the Department of Natural
Resources. The commissioner shall
consult with the Pollution Control
Agency and the Department of Natural
Resources in preparing the plan. The
plan shall include specific provisions
for co-locating the Rochester offices
of these two agencies. The commissioner
shall provide the chairs of the senate
finance committee and the house of
representatives appropriations
committee with a preliminary report on
findings and conclusions by January 15,
1986.
During the biennium the master lease,
as defined by the department of
finance, may only be used to finance
large equipment with a capital value of
more than $100,000 and a useful life of
more than ten years, and for equipment
already purchased under an existing
lease/purchase agreement. The
commissioner of finance must consult
with the chairs of the house
appropriations and senate finance
committees before entering into any
lease/purchases of equipment by any
state agency. This requirement does
not apply to purchases by the
commissioner of administration made
with money from an internal services
fund.
$1,250,000 the first year is for
transfer to the general services fund
as contributed capital.
$2,914,300 the first year and
$3,047,500 the second year is for
office space costs of the legislature
and veterans organizations.
The approved complement is increased by
one unclassified position from the
state building fund for each
$20,000,000 of building fund
appropriations made by the 1985-1986
legislature.
The cost of energy audits performed on
buildings housing activities that are
paid for from a dedicated fund must be
reimbursed to the general fund from the
dedicated fund, and the amounts
necessary to make the reimbursements
are appropriated from the dedicated
fund.
$979,800 the first year and $891,800
the second year is from the special
revenue fund for the building code
division.
The commissioner of administration
shall report to the house and senate
committees on governmental operations
by September 1, 1985, on the effect of
Minnesota Rules, chapter 1340, in
insuring that buildings and related
facilities adequately provide for the
handicapped. The report must include
information on the extent that state
and local governments enforce, and
public and private owners of new or
recently remodeled facilities comply
with, Minnesota Rules, chapter 1340.
Subd. 5. Administrative Services
$3,171,900 $3,041,800
The commissioner of administration
shall develop a plan for establishing a
citizen suggestion system to be
administered in conjunction with the
suggestion program for state employees
described in Minnesota Statutes,
section 16B.39. The plan must explore
similar programs in other states, a
fund for remuneration for cost-saving
ideas and oversight provisions for the
fund, a 24-hour statewide toll-free
telephone line to receive citizen
suggestions, proposed legislation to
implement the plan, and estimates of
the costs of implementing the citizen
suggestion system. The plan must be
submitted to the legislature by January
1, 1986.
$2,000 the first year and $2,000 the
second year is for the state employees'
band.
$220,300 the first year and $229,300
the second year is for block grants to
public television stations.
$388,400 the first year and $404,100
the second year is for matching grants
to public television stations.
$1,092,000 the first year and
$1,136,000 the second year is for
public television equipment needs.
$202,900 the first year and $211,100
the second year is for grants to public
educational radio stations under
Minnesota Statutes, section 139.19.
$104,000 the first year and $108,200
the second year is for public
educational radio equipment needs.
$15,000 the first year is to conduct a
survey to determine the number and
listening pattern of listeners to each
public educational radio station that
receives state money under this
section. The results of the survey
must be submitted to the senate finance
committee and house of representatives
appropriations committee.
If an appropriation for either year for
grants to public television or radio
stations is not sufficient, the
appropriation for the other year is
available for it.
$200,000 the first year is for a grant
to the World Theater Corporation of
Minnesota, to be paid only if the
following criteria are met: the World
Theater Corporation must document to
the commissioner it is a nonprofit
corporation; before matching state
money may be disbursed, $200,000 of
verified private nontax generated
contributions must have been received
or pledged and an additional match of
$1 of verified private nontax-generated
contributions must be received or
pledged for each $1 of state money that
is disbursed, so that the total match
is 2 for 1. The World Theater
Corporation of Minnesota may use this
grant money for the costs of completing
the planned renovation of the World
Theater in St. Paul. The World Theater
Corporation must document that this
grant money was used on renovation
expenses and not operating expenses.
Subd. 6. Commissioner's Office
$ 927,400 $ 976,500
Sec. 18. CAPITOL AREA
ARCHITECTURAL AND PLANNING BOARD 132,100 133,100
1986 1987
Approved Complement - 3 3
$24,000 and one position in 1987 is
available only with the approval of the
governor upon recommendation of the
chairs of the senate finance committee
and house appropriations committee.
Sec. 19. FINANCE
Subdivision 1. Total
Appropriation 7,246,200 7,111,400
Approved Complement - 131
The approved complement includes nine
positions transferred from the office
of the state treasurer to the
department of finance under Minnesota
Statutes, section 15.039.
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Accounting Operations
$4,334,200 $4,122,200
Subd. 3. Budget Analysis and Operations
$1,382,400 $1,441,600
Subd. 4. Fiscal Management
and Administration
$1,529,600 $1,547,600
Subd. 5. Tax Study Commission
Notwithstanding any law or compensation
plan to the contrary, $1,200 is
appropriated from tax study commission
cancellations for previously approved
relocation expenses.
Subd. 6. Exchange of Certain
Outstanding Bonds
The commissioner of finance may
purchase from their holders $6,300,000
principal amount of general obligation
bonds of the state dated August 1,
1981, maturing on August 1, 2000, and
August 1, 2001. The purchase may be
made with money on hand in the state
bond fund, or by the delivery to the
holders of outstanding state general
obligation bonds of like principal
amount, maturity and interest rate, and
cash in an amount not exceeding two
percent of the principal amount of the
bonds. The commissioner may issue
state general obligation bonds for this
purpose, and $126,000 of the money
appropriated for transfer from the
state general fund to the state bond
fund by Laws 1983, chapter 301, section
47, is appropriated for this purpose.
Except as specified in this
subdivision, bonds issued under this
subdivision must contain the terms
provided by the commissioner's order
authorizing their issuance.
Outstanding bonds purchased under this
section must be canceled, and money
previously appropriated and required to
be transferred to the state bond fund
for payment of the outstanding bonds
must, after the date of purchase, be
used to pay the principal of and
interest on bonds issued under this
subdivision and are appropriated to the
state bond fund for this purpose.
Subd. 7. Metropolitan Council
The commissioner of finance shall
review the budget and tax levy of the
metropolitan council and each
metropolitan commission or board. The
commissioner of finance, in cooperation
with the commissioner of employee
relations, shall review the personnel
practices and the number of managerial
employees of the council and each
metropolitan commission or board and
the reasonableness of their
compensation packages. The
commissioner of finance shall report
the results of these reviews to the
legislature by January 1, 1986, and
January 1, 1987.
Subd. 8. State-Local Relations
The governor's advisory council on
state-local and inter-agency relations,
working with the commissioner of
finance, shall examine the issue of
apportionment of governmental costs
between the state and local units of
government. The commissioner of
finance shall, as part of this study,
review and recommend ways state
agencies should reflect the appropriate
costs to the federal government, local
governments, or other revenue producers
or service users. The commissioner of
finance shall also review and recommend
ways state agencies should reflect the
appropriate costs among the agencies.
These reports are intended to enhance
government accountability and must be
submitted to the governor and the
chairmen of the senate finance and
house appropriations committees by July
1, 1986.
Sec. 20. EMPLOYEE RELATIONS
Subdivision 1. Total
Appropriation 4,000,500 3,979,100
1986 1987
Approved Complement - 105 114
General - 99 99
Special - 6 6
Revolving - 0 9
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Administration
$1,171,900 $1,171,900
Subd. 3. Equal Opportunity
$ 155,800 $ 156,200
Subd. 4. Labor Relations
$ 427,500 $ 428,700
Subd. 5. Personnel
$2,245,300 $2,222,300
The management analysis division of the
department of administration, in
consultation with the commissioner of
employee relations and heads of
affected agencies, shall report to the
legislature by January 15, 1986, on
methods for speeding up the process of
examining, certifying, and hiring
people to fill vacancies in state
employment and methods for dismissing
state employees who are not performing
up to standards set by their agencies,
within the framework of collective
bargaining agreements.
Sec. 21. REVENUE
Subdivision 1. Total
Appropriation 39,336,500 39,921,000
1986 1987
Approved Complement - 1001.2 1005.2
General - 910.2 914.2
Highway User - 39 39
Special Revenue 52 52
The complement number includes ten
unfunded positions.
Summary by Fund
General $36,180,200 $36,731,500
Special $ 1,849,900 $ 1,869,000
Highway User $ 1,306,400 $ 1,320,500
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Revenue Management
$15,140,700 $15,592,300
$1,400,000 the first year and
$1,784,000 the second year is for
actual detailed systems design and
programming of automated tax systems
and functions. None of the
appropriation for the second year may
be spent until the commissioner has
submitted a report to the chairs of the
committee on finance of the senate and
the committee on appropriations of the
house of representatives detailing the
progress made and the money spent.
The commissioner shall report to the
chair of the senate finance committee
and the chair of the house of
representatives appropriations
committee by January 15, 1986 on
alternative methods for reducing the
costs incurred in paying unemployment
compensation to seasonal employees of
the department.
On July 1, 1985, the commissioner of
revenue shall submit to the computer
development steering committee,
composed of the commissioners of
revenue, finance, and administration,
an information systems strategic plan
that details the systems, projects, and
developments to be implemented in the
next six years. The plan should
include a cost benefit analysis that
shows the potential for department wide
savings.
$850,000 the first year and $1,040,000
the second year for information systems
development is available for
expenditure upon completion of each
phase of development and upon review
and approval by the computer
development steering committee.
Subd. 3. Income, Sales, and Use
Tax Management
$19,457,100 $19,562,000
Summary by Fund
General $17,607,200 $17,693,000
Special $ 1,849,900 $ 1,869,000
The first $1,849,900 of corporate
income tax receipts in the first year
and the first $1,869,000 of corporate
income tax receipts in the second year
must be credited to the special revenue
fund.
Subd. 4. Property and Special
Taxes Management
$ 4,657,800 $ 4,684,100
Summary by Fund
General $ 3,351,400 $ 3,363,600
Highway User $ 1,306,400 $ 1,320,500
Subd. 5. Assessors Board
$ 80,900 $ 82,600
$36,800 the first year and $37,900 the
second year is for state paid tuition
for required assessor training.
Sec. 22. TAX COURT 391,100 379,400
Approved Complement - 6
Sec. 23. NATURAL RESOURCES
Subdivision 1. Total
Appropriation 96,488,700 94,487,700
1986 1987
Approved Complement - 1,601 1,595
General - 953 943
Special - 82 89
Game and Fish - 519 519
Federal - 47 44
Funding Summary
General $45,101,400 $42,746,600
Con. Con. $ 500,000 $ 500,000
Cross Country Ski $ 251,800 $ 253,700
Forest Management $ 5,178,300 $ 4,944,100
Non-Game Wildlife $ 706,800 $ 696,900
Snowmobile $ 3,243,600 $ 3,082,700
State Park M. & O. $ 3,755,300 $ 3,894,400
Three Wheeler $ 94,100 $ 95,500
Water Recreation $ 5,099,800 $ 5,645,200
Wildlife Acquis. $ 1,145,600 $ 1,144,700
Game and Fish $31,412,000 $31,483,900
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Administrative Management
Services
$6,051,100 $5,574,800
Funding Summary
General $3,231,500 $2,418,700
Snowmobile $ 260,800 $ 272,700
Water Recreation $ 205,000 $ 521,200
Game and Fish $2,353,800 $2,362,200
$325,000 the first year is to pay
severance costs and unemployment
compensation. The commissioner of
natural resources shall report to the
chairmen of the senate finance
committee and house appropriations
committee by September 1, 1986, on the
amounts spent from this appropriation.
The commissioner of natural resources
shall study the feasibility of
providing for a multi-year or lifetime
stamp for cross country skiing upon
payment of an appropriate fee and in
lieu of an annual cross country ski
license. The commissioner shall report
to the chairs of the senate finance
committee and house appropriations
committee by January 15, 1986 on the
findings of the study.
$190,000 the first year is to pay the
costs of acquiring the lands in
Voyageurs National Park described in
this act, to the same extent that the
costs are authorized under Minnesota
Statutes, section 84B.08. This
appropriation is available until June
30, 1987.
Subd. 3. Regional Administration
$3,938,500 $3,943,700
Funding Summary
General $3,094,200 $3,099,200
Game and Fish $ 844,300 $ 844,500
Subd. 4. Field Services Support
$5,728,900 $5,767,900
Funding Summary
General $4,166,600 $4,205,600
Game and Fish $1,562,300 $1,562,300
Subd. 5. Water Resources Management
$3,715,600 $3,636,000
Funding Summary
General $3,622,300 $3,567,700
Water Recreation $ 93,300 $ 68,300
$500,000 the first year is added to the
appropriation in Laws 1984, chapter
597, section 5, subdivision 4, item
(d), to construct the Winger dam on the
Sand Hill River, Polk county.
$25,000 the first year is for the
aeration and cleanup of Crooked Lake,
in the city of Coon Rapids. The money
is available only if matched by $1 of
nonstate money for each $1 of state
money. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year.
Subd. 6. Mineral Resources Management
$3,901,800 $3,955,800
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) General Operations and Management
$2,954,700 $2,996,600
$200,000 the first year and $200,000
the second year is for copper-nickel
test drilling. One position for this
purpose is in the unclassified civil
service and its continued employment is
contingent upon the availability of
money from the appropriation. When the
appropriation has been spent, the
position shall be canceled and the
approved complement of the agency
reduced accordingly. Part-time
employment of persons is authorized.
$160,000 the first year and $160,000
the second year is for minerals
research. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year.
$550,000 the first year and $550,000
the second year is for direct reduction
research, of which $450,000 the first
year and $450,000 the second year is
available only as matched by $1 of
nonstate money for each $1 of state
money. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year.
(b) Mineland Reclamation
$ 301,400 $ 301,500
The commissioner of natural resources,
with the assistance of the commissioner
of the iron range resources and
rehabilitation board and county mine
inspectors, shall study the adequacy of
existing laws relating to the
protection of the public from hazards
arising from the existence of
excavations, open pits, shafts, or
caves created by mining other than
mining of sand, crushed rock, or
gravel, and shall report findings,
conclusions, and recommendations to the
1987 session of the legislature. The
commissioner shall consult with private
owners and operators of active and
inactive mines in the study.
(c) Peat Management
$ 645,700 $ 657,700
$175,000 the first year and $175,000
the second year is for peat
development. The commissioner may
match this state money with money from
non-state sources. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.
$170,000 the first year and $175,000
the second year is for a detailed peat
survey, environmental monitoring, and
reclamation field work.
Two positions in peat development and
four positions in peat survey,
environmental monitoring, and
reclamation are in the unclassified
civil service and their continued
employment is contingent upon the
availability of money from the
appropriation. When the appropriation
has been spent, their positions shall
be canceled and the approved complement
of the agency reduced accordingly.
Part-time employment of persons is
authorized.
The commissioner shall report to the
legislature by January 1, 1986, and
January 1, 1987, on the progress of
peat development projects funded by
this appropriation.
Subd. 7. Forest Management
$19,510,900 $18,332,600
Funding Summary
General $13,917,600 $12,973,500
Con. Con. $ 500,000 $ 500,000
Forest Management $ 5,093,300 $ 4,859,100
$750,000 the first year and $750,000
the second year is for emergency fire
fighting and is not subject to
transfer. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it. No more than
$400,000 the first year and $410,000
the second year is available for
presuppression costs.
$1,250,000 the first year and $250,000
the second year is for contracts with
counties or groups of counties for
county forestry assistance programs.
At least $1,000,000 the first year is
reserved for St. Louis county. Any
amounts in either year that the
commissioner of natural resources
determines will not be needed by
counties other than St. Louis county
may be spent under the contract with
St. Louis county.
The commissioner shall establish a
pilot project to develop methods and
practices to recycle at least 5,000
acres of aspen stands in the state.
The commissioner may restrict bidding
to loggers residing in the highest
priority area for aspen recycling who
are financially distressed. The
commissioner may establish standards
and procedures for awarding logging
contracts under Minnesota Statutes,
section 86.35, relating to eligibility
for employment for conservation work
projects. The commissioner shall report
to the legislature by July 1, 1986,
with the results of the pilot project
and a plan to recycle the overmature
aspen stands of the state.
Subd. 8. Fish Management
$11,391,600 $11,432,000
Funding Summary
Water Recreation $ 150,000 $ 150,000
Game and Fish $11,241,600 $11,282,000
(a) General Operations and Management
$11,141,600 $11,182,000
$50,000 is for grants to a private
nonprofit organization to develop,
implement, and evaluate innovative
techniques for the production of game
fish fingerlings. No more than five
percent may be expended for
administrative purposes. A nonprofit
organization funded shall submit a work
program to the commissioner of natural
resources for submission to the
legislative commission on Minnesota
resources detailing expenditure of the
grant. Expenditure of the grant is
contingent upon review and approval of
the work program. The commissioner
shall report to the legislature by
February 1, 1986, on the expenditure of
this appropriation.
$150,000 each year is from the water
recreation account in the special
revenue fund for lake improvement.
(b) Trout and Salmon Management
$ 250,000 $ 250,000
Subd. 9. Wildlife Management
$10,108,000 $10,221,500
Funding Summary
General $ 142,200 $ 143,100
Non-Game Wildlife $ 684,300 $ 674,400
Wildlife Acquis. $1,014,200 $1,013,500
Game and Fish $8,267,300 $8,390,500
$674,300 in the first year and $685,700
the second year is appropriated from
the game and fish fund for payments to
counties in lieu of taxes on acquired
wildlife lands and is not subject to
transfer.
Subd. 10. Ecological Services
$ 1,022,300 $ 1,027,900
Funding Summary
General $ 437,400 $ 442,600
Game and Fish $ 584,900 $ 585,300
$34,800 in the first year and $35,000
the second year is for acid rain.
Subd. 11. Parks and Recreation
Management
$11,686,500 $11,716,900
Funding Summary
General $7,931,200 $7,822,500
State Park Maintenance
and Operation $3,755,300 $3,894,400
$20,800 the first year and $21,700 the
second year is for payments in lieu of
taxes on lands in voyageurs national
park and St. Croix wild river state
park. If the appropriation for either
year is insufficient, the appropriation
for the other year is available for it.
Subd. 12. Enforcement
$9,537,800 $8,935,700
Funding Summary
General $1,438,000 $ 923,200
Snowmobile $ 353,100 $ 142,900
Water Recreation $1,257,200 $1,485,200
Game and Fish $6,489,500 $6,384,400
$994,300 the first year and $994,300
the second year is from the water
recreation account in the special
revenue fund for grants to counties for
boat and water safety.
The appropriation from the game and
fish fund includes $20,000 the first
year and $20,000 the second year for
the purpose of controlling smelt
fishing activities on the north shore,
including development of parking
facilities, traffic control,
coordination of regulatory agencies,
control of trespass and vandalism,
control of littering and sanitation,
and public information and education.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 13. Planning and Research
$1,123,800 $1,091,500
Funding Summary
General $1,037,100 $1,004,800
Water Recreation $ 86,700 $ 86,700
$84,600 the first year and $84,600 the
second year is for a grant to the
Mississippi headwaters board for up to
50 percent of the cost of implementing
the comprehensive plan for the upper
Mississippi within areas under its
jurisdiction.
$20,900 the first year and $21,000 the
second year is for department operating
and administrative expenses associated
with the Mississippi headwaters board
grant and the implementation of the
plan in areas along the river that are
not included within the jurisdiction of
the Mississippi headwaters board.
$40,000 the first year is for a
feasibility study for a region 7E
historical center, to be available
until June 30, 1987. This
appropriation must be matched dollar
for dollar with contributions from
nonstate sources. The department of
natural resources, the Minnesota
historical society, the department of
energy and economic development, and
the county historical societies in
region 7E shall cooperate in the study.
The study shall address such themes as
the history of travel, hydroelectric
power, energy use and conservation,
sandstone quarries, historic military
roads, and outdoor preservation and
survival. The site may include the
land on both sides of the Kettle River
about one mile south of Sandstone and
the old United States government road.
The planning team shall report the
results of the feasibility study to the
legislature by January 15, 1986.
Subd. 14. Youth Programs
$ 743,500 $ 746,500
Funding Summary
General $ 416,300 $ 419,400
Forest Management $ 85,000 $ 85,000
Non-Game Wildlife $ 22,500 $ 22,500
Snowmobile $ 60,700 $ 60,800
Water Recreation $ 27,600 $ 27,600
Wildlife Acquis. $ 131,400 $ 131,200
$22,500 the first year and $22,500 the
second year is from the nongame
wildlife management account in the
special revenue fund for the purpose of
nongame wildlife management. Any
unencumbered balance remaining in the
first year does not cancel but is
available the second year.
Subd. 15. Trails and Waterways
$6,003,700 $6,056,200
Funding Summary
General $ 612,000 $ 616,800
Cross Country Ski $ 251,800 $ 253,700
Snowmobile $2,569,000 $2,606,300
Three Wheeler $ 94,100 $ 95,500
Water Recreation $2,476,800 $2,483,900
$1,548,600 the first year and
$1,548,600 the second year is for
snowmobile grants-in-aid.
The commissioners of natural resources,
revenue, and transportation shall
jointly study and determine the amount
of unrefunded gasoline tax attributable
to the operation of motor boats on the
waters of this state. Their study must
include, and their determinations must
be based on, in part, a representative
sample of motor boat users. Their
findings and determinations must be
reported to the legislature by January
1, 1987, together with proposed
amendments to Minnesota Statutes,
section 296.421 that reflect their
determinations.
Subd. 16. Special Services
$1,749,800 $1,772,200
Funding Summary
General $ 878,300 $ 877,200
Water Recreation $ 803,200 $ 822,300
Game and Fish $ 68,300 $ 72,700
Subd. 17. Minnesota Environmental
Education Board
$ 274,900 $ 276,500
Sec. 24. ZOOLOGICAL BOARD 4,548,600 4,754,000
This appropriation is for transfer by
the commissioner of finance to the zoo
fund. The approved complement is 160.
Notwithstanding Minnesota Statutes,
section 85A.04, subdivision 4, the zoo
board may spend money appropriated to
the board, in addition to receipts from
operation of the zoo ride, to settle
its outstanding debt for purchase of
the zoo ride. The amount spent must
not be more than the net fair market
value to a good faith purchaser of the
used zoo ride, as determined by the
commissioner of finance. The amount
spent after July 1, 1985, must not be
more than $750,000, nor more than could
be repaid, if repayment were required,
within the useful life of the zoo ride,
with interest at a rate comparable to
that paid on state general obligation
bonds, from net operating receipts of
the zoo as a whole attributable to the
zoo ride, all as determined by the
commissioner of finance.
Notwithstanding Minnesota Statutes,
section 3.30, the commissioner of
finance may transfer money from the
general contingent account subject only
to the review and advice of the chairs
of the house committee on
appropriations and the senate committee
on finance to the zoo board if needed
to pay the amount authorized by this
paragraph. The authority granted in
this paragraph expires January 1, 1986.
The zoo board, with the participation
of the state planning agency and the
departments of administration, finance,
and employee relations, shall develop
recommendations for implementation of
all structural and operational changes
called for in this act to present to
the legislature by February 3, 1986.
All participants shall review and
evaluate governance options that would
best foster an effective public/private
partnership to oversee zoo operations.
The recommendations must also include
an evaluation of the most appropriate
status for zoo employees under any
proposed governance structure, and must
recommend a transition process to
achieve that status. The participants
shall establish an advisory committee
to help achieve these ends.
Sec. 25. WATER RESOURCES BOARD 124,700 125,200
Approved Complement - 3
Sec. 26. POLLUTION CONTROL AGENCY
Subdivision 1. Total
Appropriation 14,032,100 14,749,500
1986 1987
Approved Complement - 461 461
General - 158.5 147.5
Environmental - 46 46
Metro Landfill
Contingency - 4 4
Motor Vehicle Transfer - 3 3
Federal - 207.5 207.5
Special - 30 41
Water Pollution
Control - 12 12
Summary by Fund
General $5,978,300 $5,566,800
For 1985 - $2,186,300
Special $1,150,800 $1,670,100
Environmental $2,902,000 $3,162,800
Metro Landfill
Abatement $ 834,000 $ 834,000
Metro Landfill
Contingency $1,312,300 $1,317,500
Motor Vehicle
Transfer $1,424,300 $1,846,000
Water Pollution
Control $ 430,400 $ 352,300
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Water Pollution Control
$2,604,100 $2,538,700
Summary by Fund
General $1,798,700 $1,436,400
Special $ 375,000 $ 750,000
Water Pollution
Control $ 430,400 $ 352,300
$80,000 the first year is from the
water pollution control fund for a
grant to the Moose Lake and Windemere
area sanitary sewer district to
discharge the costs of preparations for
sewer works made useless by changes in
the conditions for federal funding.
Subd. 3. Air Pollution Control
$1,212,700 $1,222,400
Summary by Fund
General $1,087,700 $ 952,400
Special $ 125,000 $ 270,000
Subd. 4. Solid Waste and Hazardous
Waste Pollution Control
$9,060,400 $9,817,800
Summary by Fund
General $2,025,300 $2,099,600
For 1985 - $2,186,300
Special $ 650,800 $ 650,100
Environmental $2,813,700 $3,070,600
Metro Landfill
Abatement $ 834,000 $ 834,000
Metro Landfill
Contingency $1,312,300 $1,317,500
Motor Vehicle
Transfer $1,424,300 $1,846,000
(a) All money in the environmental
response, compensation and compliance
fund not otherwise appropriated, is
appropriated to the pollution control
agency for the purposes described in
the environmental response and
liability act, Minnesota Statutes,
section 115B.20, subdivision 2, clauses
(a), (b), and (c).
This appropriation is available until
June 30, 1987.
Expenditure of the appropriation from
the environmental fund in the second
year of the biennium is contingent upon
receipt of an agency report submitted
to the chairs of the senate finance
committee and house appropriations
committee detailing agency expenditures
in fiscal year 1986, as required by
Minnesota Statutes, section 115B.20,
subdivision 6.
(b) Until June 30, 1987, the balance in
the metropolitan landfill abatement
fund after the appropriations in Laws
1984, chapter 644, section 81,
subdivisions 2 and 3; and Minnesota
Statutes, sections 473.843, subdivision
7; and 473.844, subdivision 5, is
appropriated to the pollution control
agency for payment to the metropolitan
council and may be used by the council
only for the following purposes:
$140,000 the first year and $140,000
the second year is for grants and loans
for market development for reusable and
recyclable waste materials.
$70,000 the first year and $70,000 the
second year is for technical assistance
and administration of grants, loans,
and municipal cost recovery payments.
$122,000 the first year and $122,000
the second year is for solid waste
management planning assistance in the
metropolitan area.
$502,000 the first year and $502,000
the second year is for grants and loans
for resource recovery and public
education.
Any unencumbered balances remaining in
the first year do not cancel but are
available for the second year of the
biennium for the same purpose. If in
any year the amount in the abatement
fund is insufficient for these
appropriations, the appropriation for
grants and loans for resource recovery
and public education is reduced
accordingly. Each year the council
shall submit to the legislative
commission on waste management, in the
form determined by the commission, a
budget and work program showing planned
expenditures from the metropolitan
landfill abatement fund. The council
may not spend the money until the
commission has made its recommendations
on the budget and work program. The
recommendations are advisory only. The
council shall report to the legislature
by February 15 of each year on
expenditures from this fund.
(c) $2,186,300 is appropriated from the
general fund to the commissioner of
finance for transfer on June 30, 1985,
to the motor vehicle transfer fund.
(d) $1,424,300 the first year and
$1,846,000 the second year is from the
motor vehicle tranfer fund for use in
cleanup of waste tire dumps, as
prioritized by the agency. Any
unencumbered balance remaining in the
fiscal year does not cancel but is
available for the second year.
(e) The appropriations in Laws 1984,
chapter 654, article 2, section 13,
items (g) and (h), are available until
expended.
Subd. 5. General Support
$ 1,154,900 $1,170,600
Summary by Fund
General $1,066,600 $1,078,400
Environmental 88,300 92,200
Sec. 27. WASTE MANAGEMENT BOARD 1,832,400 1,836,400
1986 1987
Approved Complement - 31 31
General - 22 22
Building - 9 9
Any unencumbered balance remaining the
first year does not cancel but is
available for the second year.
If the appropriation for grants for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 28. ENERGY AND ECONOMIC
DEVELOPMENT
Subdivision 1. Total
Appropriation 32,253,500 28,648,100
1986 1987
Approved Complement - 229 227.5
General - 170.5 169
Special - 1.5 1.5
Federal - 52 52
Rural - 5 5
Summary by Fund
General $31,522,600 $27,915,400
Special $ 54,700 $ 57,500
Motor Vehicle
Transfer $ 676,200 $ 675,200
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Energy
$1,509,000 $1,457,900
$60,000 the first year is for a
demonstration project at the Mankato
vocational technical institute
involving butanol and ethanol
production from sweet sorghum.
Subd. 3. Economic Development
$ 3,016,600 $ 3,072,200
$200,000 the first year and $200,000
the second year is for community
development corporations. This
appropriation is available for
expenditure only to the extent that it
is matched by a community development
corporation with $2 of private money
for each $3 of state money.
The commissioner of energy and economic
development, in consultation with the
commissioner of agriculture, shall give
consideration to doing a feasibility
study for a beef-packing plant in
Minnesota.
Subd. 4. Tourism
$ 5,181,300 $ 5,236,900
During the biennium, the office of
tourism may market tourism related
publications and media promotional
materials to businesses and
organizations. The proceeds from the
marketing are to be placed in a fund to
be used for the preparation and
distribution of the office's
publications and media promotional
materials. This fund shall not cancel
to the general fund at the end of the
biennium. The director shall report to
the Legislature by January 15, 1987 on
this fund.
In order to develop maximum private
sector involvement in tourism marketing
activities, $1,500,000 the first year
and $1,500,000 the second year shall be
placed in a separate account for
tourism marketing activities by the
office of tourism. Expenditure of the
monies in the account is contingent
upon receipt of an equal match with
nonstate contributions that have been
verified and documented. Up to
one-third of the required nonstate
match may be given in in-kind
contributions.
Money appropriated for the purchase of
computer equipment is available in
either year of the biennium.
The director shall submit a work
program and semiannual progress
reports, including the amount of
nonstate contributions received, to the
chairman of the senate finance
committee and the chairman of the house
of representatives appropriations
committee.
$150,000 the first year and $150,000
the second year is to market
Minnesota's health care resources and
is available only to the extent matched
by $2 of nonstate money for each $1 of
state money.
Subd. 5. Administration
$ 848,600 $ 650,500
Subd. 6. Community Development
$8,404,000 $8,406,800
$5,664,700 the first year and
$5,664,700 the second year is for
economic recovery grants.
$2,000,000 the first year and
$2,000,000 the second year is for
payment of a grant to the metropolitan
council for metropolitan area regional
parks maintenance and operation money.
The appropriation in Laws 1984, chapter
597, section 8, for regional solid
waste disposal is reduced by
$1,000,000. The remaining $400,000 of
that appropriation may be paid as
grants to one or more counties or
groups of counties among the seven
counties formerly involved in that
project, to be used to deal with solid
waste disposal. A grant may not be
paid until the commissioner of energy
and economic development has determined
that the additional financing necessary
to complete the project has been
committed by other sources.
$500,000 the first year is for payment
of a grant to Hubbard county for
construction of the Viking Epic Drama
amphitheater. The appropriation is
available only upon a determination by
the commissioner of energy and economic
development that the additional
financing necessary to complete the
project has been committed by the
commissioner and nonstate sources.
Hubbard county shall repay $300,000 to
the state within ten years from the
date this grant is paid to the county.
Repayments must be made in equal
installments deposited in the state
treasury and credited to the state
general fund before November 1 each
year.
Subd. 7. Science and Technology
$1,376,900 $1,405,400
$96,700 the first year and $96,700 the
second year is for the council on
biotechnology.
$75,000 the first year and $100,000 the
second year is for a grant to the
Minnesota Inventors' Congress. The
purposes of this grant include
establishment of a focal point for
development of an invention support
system including an advisory council
comprised of representatives from the
public and private sectors;
coordination of an invention support
system, primarily in the form of
semi-autonomous regional centers, while
protecting, enriching, and promoting
existing activities such as the
Minnesota Inventors' Congress, the
Minnesota Inventors' Hall of Fame, the
Inventions and Technology Transfer
Corporation, the Inventors' Club, and
the Young Inventors' Fair; promotion of
invention research, with resultant
knowledge to be disseminated to
Minnesota educational systems; and
development of a fiscal design for the
statewide invention support system.
The Inventors' Congress shall report to
the commissioner of energy and economic
development by June 30 of each year on
its activities in carrying out the
purposes of this grant.
Subd. 8. Financial Management
$11,246,700 $7,752,800
Summary by Fund
General $10,570,500 $7,077,600
Motor Vehicle
Transfer 676,200 675,200
$676,200 the first year and $675,200
the second year is for transfer from
the motor vehicle transfer fund to the
waste tire recycling account in the
economic development fund for the
purpose of funding waste tire recycling
loans and grants. None of the
appropriation for the second year shall
be expended until the commissioner
submits a report to the chairs of the
senate finance committee and house
appropriations committee detailing the
use of the account during the first
year of the biennium.
$5,450,000 the first year and
$5,550,000 the second year is for
transfer by the commissioner of finance
to the economic development fund.
$3,600,000 the first year is for
transfer by the commissioner of finance
to the agricultural resource loan
guarantee fund, to be available until
expended.
$300,000 the first year and $300,000
the second year is for matching grants
to conduct building energy audits.
$250,000 of the money in the economic
development fund established by
Minnesota Statutes, section 116M.06,
must be used for a matching grant to
the city of Duluth for planning,
design, and site improvements to the
Duluth Zoo. The city of Duluth match
may be from any nonstate source.
Subd. 9. Policy Analysis
$ 670,400 $ 665,600
Summary by Fund
General $ 615,700 $ 608,100
Special $ 54,700 $ 57,500
Sec. 29. WORLD TRADE CENTER
BOARD 807,500 995,100
Approved Complement - 9
The unexpended balance of the
appropriation made in Laws 1984,
chapter 654, section 17 for the world
trade center board shall not cancel as
provided in Minnesota Statutes, section
16A.28 but shall remain available until
expended.
$100,000 the first year and $100,000
the second year is available only to
the extent matched by an equal amount
contributed by private sources, which
may include in-kind contributions. The
value of in-kind contributions must be
determined by the commissioner of
finance.
Sec. 30. STATE PLANNING AGENCY 4,939,000 4,934,000
1986 1987
Approved Complement - 122 121
General - 78.5 78.5
Special - 4.5 4.5
Motor Vehicle Transfer - 3 3
Revolving - 22 22
Federal - 13 13
Gift - 1 --
Summary by Fund
General $4,417,100 $4,405,600
Special $ 333,700 $ 336,900
Motor Vehicle
Transfer $ 188,200 $ 191,500
Two positions paid from the motor
vehicle transfer fund are in the
unclassified service.
$418,400 the first year and $418,400
the second year is for regional
planning grants to regional development
commissions organized under Minnesota
Statutes, sections 462.381 to 462.396.
Until June 30, 1987, for state and
federal grants distributed by state
agencies to regions of the state not
having a regional development
commission, the state agency
administering the grant program may
assess the program for administrative
costs incurred by the agency that
normally are incurred by the commission.
$20,700 the first year and $21,600 the
second year is for the Council of Great
Lakes Governors. The appropriation for
the second year is available for
expenditure only with the approval of
the governor after consultation with
the chairmen of the senate finance
committee and house of representatives
appropriations committee and after
completion of a study, to be carried
out jointly by the Great Lakes
Commission and the Council of Great
Lakes Governors, concerning the proper
roles of these two agencies.
$25,000 the first year is to prepare a
report to the legislature by January
15, 1986, on the likely effect that
current or emerging petroleum marketing
practices in Minnesota will have on
consumers, on franchisees, on other
retailers, and on other segments of the
gasoline marketing industry in
Minnesota. The state planning director
shall consult with all segments of the
industry and recommend solutions to any
problems or inequities that are
occurring or likely to occur because of
current or emerging gasoline marketing
trends in this state. The state
planning director may commission a
competent outside consultant to assist
in the preparation of the report if the
consultant has no direct or indirect
connection with any entity engaged in
the production, refining, or marketing
of gasoline or other petroleum products.
Sec. 31. NATURAL RESOURCES
ACCELERATION
Subdivision 1. General Operations
and Management 9,240,200 8,074,900
Summary by Fund
General
For 1985 - $2,561,000
Minnesota Resources $ 8,573,500 $7,408,200
Water Recreation $666,700 $ 666,700
Approved complement - 67
$2,561,000 for fiscal year 1985 is from
the general fund for transfer by the
commissioner of finance on June 30,
1985, to the Minnesota resources fund.
In addition to this amount, $400,000 is
carried over from the fiscal year 1985
natural resource minerals program and
transferred to the Minnesota resources
fund.
The amounts that may be spent from this
appropriation for each activity are
more specifically described in the
following subdivisions.
For all appropriations in this section,
if the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 2. Legislative Commission
on Minnesota Resources 334,100 261,000
$80,000 the first year is for the
development of reports and for
consultants as part of the biennial
review of Minnesota resource issues by
the commission members.
For the biennium ending June 30, 1987,
the commission shall review the work
programs and progress reports required
under this section, and report its
findings and recommendations to the
committee on finance of the senate,
committee on appropriations of the
house of representatives, and other
appropriate committees. During the
biennium, the commission shall
establish oversight committees to
continue review of a variety of natural
resource subject areas as it believes
necessary to carry out its legislative
charge.
Subd. 3. Department of Natural
Resources 4,802,500 3,802,500
Approved complement - 41
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Water Allocation and Management
$800,000 $800,000
Approved complement - 4
The appropriation is to develop a plan
and program including management
information systems and related tools
that will guide the allocation and
management of water considering various
economic, environmental, and social
values. This is a joint effort with
the University of Minnesota natural
resources research institute and the
water resources research center.
During the biennium, the data collected
by this activity that has common value
for natural resource planning must be
provided and integrated into the
Minnesota land management information
system's geographic and summary data
bases according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
(b) Lakeshore Development Capacity
$50,000 $50,000
Approved complement - 1
The appropriation is to establish the
criteria for determining the
environmental, social, and economic
carrying capacity for Minnesota lakes.
During the biennium, the data collected
by this activity that has common value
for natural resource planning must be
provided and integrated into the
Minnesota land management information
system's geographic and summary data
bases according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
(c) Groundwater Investigations and
Data Automation
$400,000 $400,000
Approved complement - 4
The appropriation is to develop new
methods for evaluation of groundwater
quantity and quality, to provide a
computer search capability for water
data, and automate data not already in
acceptable format. This is a joint
effort with the pollution control
agency, the state planning agency, the
Minnesota geologic survey and the
United States geologic survey.
During the biennium, the data collected
by this activity that has common value
for natural resource planning must be
provided and integrated into the
Minnesota land management information
system's geographic and summary data
bases according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
(d) Glacial Drift Geochemistry
$100,000 $100,000
Approved complement - 3
The appropriation is to determine the
effectiveness of new methods for
understanding the mineral potential of
the state.
During the biennium, the data collected
by this activity that has common value
for natural resource planning must be
provided and integrated into the
Minnesota land management information
system's geographic and summary data
bases according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
(e) Hibbing Core Repository
$75,000 $75,000
Approved complement - 1
The appropriation is to conduct
accelerated analysis and classification
as an aid to understanding the mineral
potential, and if available,
incorporate federal drill core into the
state repository at Hibbing.
During the biennium, the data collected
by this activity that has common value
for natural resource planning must be
provided and integrated into the
Minnesota land management information
system's geographic and summary data
bases according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
(f) Forest Management Information Systems
$200,000 $200,000
Approved complement - 4
The appropriation is to continue to
accelerate development and begin
incorporation of the programs and staff
into the regular budget as appropriate.
During the biennium, the data collected
by this activity that has common value
for natural resource planning must be
provided and integrated into the
Minnesota land management information
system's geographic and summary data
bases according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
(g) Comprehensive Planning for Fish and
Wildlife Resources
$100,000 $100,000
Approved complement - 3
The appropriation is for developing
strategic plans, policies, and budget
recommendations.
During the biennium, the data collected
by this activity that has common value
for natural resource planning must be
provided and integrated into the
Minnesota land management information
system's geographic and summary data
bases according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
(h) Scientific and Natural Areas Planning
$45,000 $45,000
Approved complement - 1
The appropriation is to complete at
least nine comprehensive plans
according to Minnesota Statutes,
chapter 86A, the Outdoor Recreation Act
of 1975.
(i) State Park Development
$1,080,000 $1,080,000
Approved complement - 7
The appropriation is for major
rehabilitation and new development in
state parks. All project costs are
included in this appropriation.
$666,700 for the first year and
$666,700 the second year is from the
water recreation account in the special
revenue fund. During the biennium, the
commissioner shall make every effort to
secure federal match or reimbursement
for the state expenditures.
(j) Water Access Acquisition and Development
and Fishing Piers
$400,000 $400,000
Approved complement - 4
The appropriation is to acquire,
develop, or rehabilitate access sites
according to the statewide priorities
list. This activity includes the canoe
and boating route rivers and fishing
piers on lakes and rivers. All project
costs are included in this
appropriation. During the biennium,
the commissioner shall make every
effort to maximize local effort and
finances and to secure federal match or
reimbursement for the state
expenditures.
(k) Forest Recreation
$237,500 $237,500
Approved complement - 2
The appropriation is for rehabilitation
of recreation facilities. All project
costs are included in this
appropriation. During the biennium,
the commissioner shall make every
effort to secure federal match or
reimbursement for the state
expenditures.
(l) Accelerated Land Exchange and
Improved Land Management
$217,500 $217,500
Approved complement - 5
The appropriation is to accelerate land
exchange through use of automated
processes; to develop various
interagency agreements; to develop
innovative leasing practices; to
evaluate submerged land issues and
report on policy needs; and to
determine the appropriate management of
islands transferred from federal
ownership.
(m) Volunteer Management Intensification
$97,500 $97,500
Approved complement - 2
The appropriation is to continue the
coordination of volunteers in all
disciplines, and to develop a proposal
for inclusion in regular agency
operations, and report the findings to
the committees on finance and
appropriations.
(n) KORF Direct Reduction
$1,000,000
This appropriation is for the
continuation of the KORF direct
reduction demonstration program to
reestablish iron making in Minnesota.
This appropriation is contingent upon
receipt by the commissioner of natural
resources of $1,000,000 in matching
money from the iron range resources and
rehabilitation board. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.
Subd. 4. Pollution Control Agency 749,600 705,400
Approved complement - 15
Two positions are for contractual work
with the department of natural
resources in the groundwater
investigation and data automation
programs.
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Soil and Watershed Acidification
$80,000 $80,000
Approved complement - 1
The appropriation is for the final
phase of a four-year evaluation of the
sensitivity of soils to acid deposition.
During the biennium, the data collected
by this activity that has common value
for natural resource planning must be
provided and integrated into the
Minnesota land management information
system's geographic and summary data
bases according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
(b) Lake Improvement Grant Program
$35,000 $35,000
Approved complement - 1
The appropriation is to provide one
position to administer the federal
clean lakes grant program.
(c) Groundwater Monitoring Techniques
$83,300 $66,700
Approved complement - 1
The appropriation is to determine
whether current sampling techniques are
adequate and representative of the
aquifers being monitored.
(d) Leaking Underground Storage Tank Study
$109,400 $90,600
Approved complement - 2
The appropriation is to determine the
nature and extent of environmental
problems related to underground storage
tanks.
During the biennium, the data collected
by this activity that has common value
for natural resource planning must be
provided and integrated into the
Minnesota land management information
system's geographic and summary data
bases according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
(e) A Study of Septic Tank and
Drainfield Systems
$124,600 $65,400
Approved complement - 2
The appropriation is to determine the
impact from toxic organic compounds and
to study the design criteria adequacy
to prevent overloads.
(f) Mercury in Northern Minnesota
$67,500 $67,500
Approved complement - 1
The appropriation is to determine the
nature, extent, and potential sources
of mercury contamination in lakes.
During the biennium, the data collected
by this activity that has common value
for natural resource planning must be
provided and integrated into the
Minnesota land management information
system's geographic and summary data
bases according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
(g) Household Hazardous Waste
Collection Pilot Project
$88,600 $111,400
Approved complement - 2
The appropriation is for collection,
analysis, and disposal of household
generated hazardous wastes as a pilot
project to determine future
directions. During the biennium, the
PCA may administer and supervise these
efforts; any state department or
agency, county, or local unit of
government may assist the PCA in
administering, planning, and evaluating
collection efforts; and the PCA may
arrange with properly permitted or
registered waste transporters or
facilities to accomplish portions of
this program.
(h) Municipal Solid Waste Incinerator
Evaluation
$161,200 $188,800
Approved complement - 3
The appropriation is to determine
potential environmental problems,
including air emissions and ash
composition, and alternative disposal
options.
Subd. 5. Department of Energy and
Economic Development 1,967,000 1,933,000
Approved complement - 6
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Recreation Grants Program
$1,700,000 $1,700,000
Approved complement - 5
The appropriation is for acquisition
and development of recreation open
space projects requested by local units
of government. Priority is for
projects that receive federal grants.
The cost of administration is included
in this appropriation. This
appropriation is for grants of up to 50
percent of the total cost, or 50
percent of the local share if federal
money is used. The per project limit
for state grants is $400,000. During
the biennium, notwithstanding any other
law to the contrary, grants are not
contingent upon the matching of federal
grants. State grants are limited to
one per local unit for the biennium.
$1,000,000 the first year and
$1,000,000 the second year is for
projects outside the metropolitan area.
As a one-biennium effort, up to
$1,000,000 of this appropriation is for
outdoor athletic field development
grants. The per project limit for
athletic field grants is $40,000 if no
federal money is used, and $20,000
where federal money is used. Grants
are limited to field construction,
fencing, lighting, gravel entry roads,
and gravel parking lots. Priority
consideration must be given where more
extensive financial cooperation is
demonstrated. $250,000 the first year
and $250,000 the second year is
reserved for projects outside the
metropolitan area.
This appropriation must be spent with
the approval of the governor after
consultation with the legislative
advisory commission. The legislative
commission on Minnesota resources shall
make recommendations to the legislative
advisory commission regarding the
expenditures.
(b) Biomass Energy Cash Crop Project
$192,000 $158,000
Approved complement - 1
The appropriation is to demonstrate the
commercial, farm-scale viability of a
special woody biomass energy crop.
(c) Demonstration Project for Heat
Extraction from Groundwater for Public
Buildings
$75,000 $75,000
The appropriation is for a research and
demonstration public building that
employs various innovative energy
systems. This project will be
conducted in cooperation with the
University of Minnesota building energy
research center. This appropriation is
contingent on a local share of at least
$100,000 from the city of Blaine.
Subd. 6. State Planning Agency
Approved complement - 1
This position is for contractual work
with the department of natural
resources in the groundwater
investigation and data automation
program.
Subd. 7. Department of Health 498,000 402,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Organic Chemicals Survey
$378,000 $322,000
The appropriation is to survey
groundwater aquifers and drinking water
supplies for the presence and extent of
volatile and synthetic organic
chemicals.
The data collected by this activity
that has common value for natural
resource planning must be provided and
integrated into the Minnesota land
management information system's
geographic and summary data bases
according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
(b) Indoor Air Quality and Moisture
Control in Buildings
$120,000 $80,000
The appropriation is for a statewide
sample survey and assessment of radon
and organic chemicals in homes, and an
assessment and report on indoor
moisture and other gas problems.
Subd. 8. Department of Agriculture 47,500 47,500
Approved complement - 4
Three positions are for contractual
work with the health department organic
chemical surveys.
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Evaluation of Soil and Water
Conservation Information Assistance
Programs
$22,500 $22,500
Approved complement - 1
The appropriation is to measure the
impact of information assistance
strategies on landowner acceptance of
conservation practices in selected
areas.
(b) Soil and Water Conservation
Exhibit at FARMAMERICA
$25,000 $25,000
The appropriation is to develop an
exhibit at the interpretive center for
live action simulation of soil and
water movement, to demonstrate the
erosion potentials and the use of
proven conservation measures. During
the biennium, technical and cost share
assistance will be provided by the soil
conservation service.
Subd. 9. University of Minnesota 2,749,000 2,751,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Effects of Copper Sulfate Treatments
$37,000 $38,000
The appropriation is for the Gray
Freshwater Biological Institute to
study the environmental effects of
treating lakes with copper sulfate.
The money is only available if at least
an equal amount is provided by private
sources.
(b) Research on River and Lake
Management
$95,000 $95,000
The appropriation is for the St.
Anthony Falls hydraulics laboratory to
complete the study of lake water
quality simulations, river oxygen
dynamics, and river scour and fill
effects.
During the biennium, the data collected
by this activity that has common value
for natural resource planning must be
provided and integrated into the
Minnesota land management information
system's geographic and summary data
bases according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
(c) Lanesboro Watershed Management
Techniques
$127,000 $128,000
The appropriation is for the Minnesota
geologic survey for an
interdisciplinary approach to
understand and implement solutions to
groundwater pollution problems in
cooperation with the college of
forestry, agricultural experiment
station, and the Minnesota department
of agriculture.
During the biennium, the data collected
by this activity that has common value
for natural resource planning must be
provided and integrated into the
Minnesota land management information
system's geographic and summary data
bases according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
(d) Age, Residence Times, and
Recharge Rates of Groundwater
$50,000 $50,000
The appropriation is for the Minnesota
geologic survey to determine the age
and residence time in selected aquifers
and understand the recharge rates.
During the biennium, the data collected
by this activity that has common value
for natural resource planning must be
provided and integrated into the
Minnesota land management information
system's geographic and summary data
bases according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
(e) Aeromagnetic Mapping
$400,000 $400,000
The appropriation is for the fourth
biennium of a six-biennium effort to
electronically acquire geologic data,
including minimal groundtruth drilling.
During the biennium, the data collected
by this activity that has common value
for natural resource planning must be
provided and integrated into the
Minnesota land management information
system's geographic and summary data
bases according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
(f) Computer Models of Contaminant
Spreading
$100,000 $100,000
The appropriation is for the civil and
mineral engineering department to
develop, test, and implement
interactive models to simulate
groundwater transport of chemicals in
the twin city metropolitan area.
During the biennium, the data collected
by this activity that has common value
for natural resource planning must be
provided and integrated into the
Minnesota land management information
system's geographic and summary data
bases according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
(g) Quantitative Estimation of
Minerals
$195,000 $195,000
The appropriation is for the mineral
resources research center to provide
matching money for the installation of
prototype analytic equipment in
conjunction with the heavy ion probe
facility, and to research the
characteristics of taconite separation
and concentration.
During the biennium, the data collected
by this activity that has common value
for natural resource planning must be
provided and integrated into the
Minnesota land management information
system's geographic and summary data
bases according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
(h) Assessment of Forest Product
Development Opportunities
$100,000 $100,000
The appropriation is for the natural
resources research institute to examine
potentials for increased primary and
secondary forest product manufacturing
as a guide to research and economic
development efforts in cooperation with
the department of natural resources.
(i) Biotechnology Applications in
Forestry
$125,000 $125,000
The appropriation is for the college of
forestry to develop high technology
applications for forest regeneration
and utilization.
(j) Anaplasmosis Study
$50,000 $50,000
The appropriation is for the college of
veterinary medicine to conduct a study
of the reservoirs, transmission, and
control of this disease in cattle and
wildlife. This is the only natural
resource acceleration money to be
provided for such a study.
(k) Accelerated Soils Survey
$1,225,000 $1,225,000
The appropriation is for the
agricultural experiment station for the
fifth biennium of a seven-biennium
effort to provide the appropriate
detailed survey based on the adopted
federal, state, and local cost share,
and to automate the data for selected
counties on a cost share basis. Up to
$300,000 is for a computer work station
for soils automation at the land
management information center.
During the biennium, the data collected
by this activity that has common value
for natural resource planning must be
provided and integrated into the
Minnesota land management information
system's geographic and summary data
bases according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
(l) Underground Grain Storage
$75,000 $75,000
The appropriation is to develop and
test innovative storage, including
remote monitoring and evaluation of
grain conditions and bin design.
(m) Compost and Co-compost Research
$100,000 $100,000
The appropriation is for the soils
department to determine biological
specifications and material changes
during composting to improve municipal
waste management.
(n) Development of Biological
Approaches to Lake Restoration
$70,000 $70,000
The appropriation is for the
limnological research center to develop
low-cost environmentally sound lake
restoration techniques.
Subd. 10. Minnesota Historical Society 172,500 172,500
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Comprehensive Historic Preservation
Planning
$22,500 $22,500
The appropriation is to develop a
comprehensive plan for preservation.
Federal money received is appropriated
for this purpose.
(b) Conservation of Historic
Collections
$50,000 $50,000
The appropriation is to continue the
joint state and private effort to
repair, restore, and stabilize the
collections. The match money is
appropriated.
(c) Environmental Oral History Series
$50,000 $50,000
The appropriation is to develop a
program that brings together research
and various information, including
conducting oral interviews, to create a
collection on environmental issues.
(d) Historic Site Craft Program
$50,000 $50,000
The appropriation is to produce
authentic craft items for sale at
historic sites and evaluate the
potential for site income and broader
program implementation.
Subd. 11. General Reduction
($2,500,000) ($2,500,000)
The commissioner of finance, upon
recommendation of the legislative
commission on Minnesota resources,
shall allocate this reduction among the
programs and activities in this section.
As the cash flow of the Minnesota
resources fund permits, the
commissioner of finance shall transfer
$5,000,000 from the unencumbered
balance in the Minnesota resources fund
and credit it to the general fund.
Subd. 12. Work Programs
It is a condition of acceptance of the
appropriations made by this section
that the agency or entity receiving the
appropriation must submit work programs
and semi-annual progress reports in the
form determined by the legislative
commission on Minnesota resources.
None of the money provided in this
subdivision may be spent unless the
commission has approved the pertinent
work program. Upon request from the
commission, the agency head shall
submit an evaluation by July 1, 1986,
as to whether the program should be
incorporated in the next agency budget.
Subd. 13. Complement Temporary
Persons employed by a state agency and
paid by an appropriation in this
section are in the unclassified civil
service, and their continued employment
is contingent upon the availability of
money from the appropriation. When the
appropriation has been spent, their
positions shall be canceled and the
approved complement of the agency
reduced accordingly. Part-time
employment of persons is authorized.
Subd. 14. Federal Reimbursement
Account 420,000 500,000
This appropriation is for the spending
purposes in the natural resources
federal reimbursement account in
Minnesota Statutes, section 86.72.
Sec. 32. LABOR AND INDUSTRY
Subdivision 1. Total
Appropriation 14,307,600 14,278,800
1986 1987
Approved Complement - 350 346
General - 93 93
Special - 33 33
Federal - 44.5 44.5
Workers' Compensation - 179.5 175.5
Summary by Fund
General $6,865,600 $6,840,200
Special $1,185,800 $1,172,400
Workers' Comp. $6,256,200 $6,266,200
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Employment Standards
$ 859,700 $ 856,300
Subd. 3. Workers' Compensation
Regulation and Enforcement
$3,143,800 $3,113,400
This appropriation is from the special
compensation fund.
Subd. 4. Workers' Compensation
State Employee Claims
$1,798,600 $1,820,400
$310,500 the first year and $322,900
the second year is for payment of peace
officer survivor benefits under
Minnesota Statutes, section 352E.04.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 5. Workers' Compensation
Special Compensation Fund
$3,188,600 $3,229,500
Of this appropriation $1,188,600 the
first year and $1,229,500 the second
year is from the special compensation
fund.
$2,000,000 the first year and
$2,000,000 the second year is for
reimbursement of the special
compensation fund under Minnesota
Statutes, section 176.183, subdivision
2.
Subd. 6. Code Enforcement
$ 1,140,400 $ 1,126,500
This appropriation is from the special
revenue fund.
Subd. 7. OSHA
$ 1,134,200 $ 1,142,900
Summary by Fund
General $1,088,800 $1,097,000
Special $ 45,400 $ 45,900
$45,400 the first year and $45,900 the
second year is from the special revenue
fund for passenger elevator inspection.
This appropriation includes money to
pay for the study of construction
elevator safety inspections required by
this act.
Subd. 8. General Support
$2,075,600 $2,035,100
Summary by Fund
General $ 816,200 $ 767,400
Workers' Comp. $1,259,400 $1,267,700
$10,000 the first year is for the
commissioner of labor and industry to
conduct a study to determine the value
of specially designed vests in reducing
the incidence of back injury, reducing
chronic back pain, and speeding
recovery from back strain. The
commissioner shall report the results
of the study to the chairmen of the
senate finance committee and house
appropriations committee. If the
results of the study are favorable,
$30,000 is appropriated to purchase
additional vests.
Subd. 9. Information Management
Services
$ 966,700 $ 954,700
Summary by Fund
General $ 302,300 $ 299,100
Workers' Comp. $ 664,400 $ 655,600
Sec. 33. WORKERS' COMPENSATION
COURT OF APPEALS 467,000 469,800
Approved Complement - 9
This appropriation is from the workers'
compensation special compensation fund.
Sec. 34. MEDIATION SERVICES 1,254,200 1,229,700
Approved Complement - 24
$50,000 the first year and $50,000 the
second year is for grants to area
labor-management committees. The
unencumbered balance remaining in the
first year does not cancel but is
available for the second year.
Sec. 35. PUBLIC EMPLOYMENT
RELATIONS BOARD 56,200 56,600
Approved Complement - 1
Sec. 36. MILITARY AFFAIRS
Subdivision 1. Total
Appropriation 5,668,200 5,669,500
Approved Complement - 301.8
General - 136.8
Federal - 165
The department of military affairs in
cooperation with the management
analysis unit of the department of
administration shall prepare a report
for the Legislature by January 15,
1986, on the operating costs incurred
by the state for each national guard
armory and the income generated by
local units of government from use of
each armory. Also to be included in
the report are costs the state incurs
due to assessments levied by local
units of government on each national
guard armory.
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Maintenance of Military
Training Facilities
$4,413,400 $4,426,900
$100,000 the first year and $100,000
the second year is for six general fund
positions to support the federal
construction program.
Subd. 3. General Support
$1,254,800 $1,242,600
$75,000 the first year and $75,000 the
second year is for expenses of military
forces ordered to active duty under
Minnesota Statutes, chapter 192. If
the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 37. VETERANS AFFAIRS
Subdivision 1. Total
Appropriation 12,739,700 12,667,600
Approved Complement - 366.5
General - 74.8
Special - 291.7
Summary by Fund
General $ 6,095,800 $ 5,802,900
Special $10,229,800 $10,324,500
Transfers to
Other Direct ($ 3,585,900)($ 3,459,800)
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Veterans Benefits and
Services
$2,509,900 $2,343,100
During the biennium, in administering
veterans benefits programs the
commissioner shall ensure that veterans
participate in all federally funded
benefit programs to the maximum extent
possible before receiving assistance
under state funded programs. The
appropriation for fiscal year 1987 is
contingent upon the department's
submission of a report to the
legislature by January 15, 1986,
detailing the efforts taken to assure
maximum participation in federal
programs.
$988,100 the first year and $988,100
the second year is for emergency
financial and medical needs of
veterans. For the biennium ending June
30, 1987, the commissioner shall limit
financial assistance to veterans and
dependents to six months, unless
recipients have been certified as
ineligible for other benefit programs.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$38,500 the first year and $38,500 the
second year is for war veterans and war
orphans education aid, to be spent
under Minnesota Statutes, section
197.75.
$29,500 the first year and $29,500 the
second year is for the veterans affairs
office in Duluth, which the
commissioner shall continue during the
biennium ending June 30, 1987.
Subd. 3. Veterans Home - Minneapolis
$ 7,990,900 $ 8,056,000
Summary by Fund
General $ 2,169,700 $ 2,037,300
Transfers to
Other Direct ($ 2,169,700)($ 2,037,300)
Special $ 7,990,900 $ 8,056,000
The appropriation from the general fund
is for transfer by the commissioner of
finance to the special revenue fund to
support appropriations from the special
revenue fund that are not fully
supported by income from the federal
government and charges to residents.
Subd. 4. Veterans Home - Hastings
$ 2,238,900 $ 2,268,500
Summary by Fund
General $ 1,416,200 $ 1,422,500
Transfers to
Other Direct ($ 1,416,200)($ 1,422,500)
Special $ 2,238,500 $ 2,268,500
The appropriation from the general fund
is for transfer by the commissioner of
finance to the special revenue fund to
support appropriations from the special
revenue fund that are not fully
supported by income from the federal
government and charges to residents.
Sec. 38. INDIAN AFFAIRS COUNCIL 258,100 258,900
Approved Complement - 7
Ten percent of the appropriation for
each year is available for allotment
only upon demonstration of dollar for
dollar match with nonstate
contributions. During the biennium, up
to one-third of the nonstate match
requirement may be met with in-kind
contributions. All funds not receiving
a nonstate match shall cancel to the
general fund. Nonstate contributions
raised by the council in fiscal year
1985 or fiscal year 1986 in excess of
the nonstate match requirement shall be
credited to the 10 percent nonstate
match requirement in the subsequent
fiscal year.
Sec. 39. COUNCIL ON AFFAIRS
OF SPANISH-SPEAKING PEOPLE 121,700 121,700
Approved Complement - 3
Ten percent of the appropriation for
each year is available for allotment
only upon demonstration of dollar for
dollar match with nonstate
contributions. During the biennium, up
to one-third of the nonstate match
requirement may be met with in-kind
contributions. All funds not receiving
a nonstate match shall cancel to the
general fund. Nonstate contributions
raised by the council in fiscal year
1985 or fiscal year 1986 in excess of
the nonstate match requirement shall be
credited to the 10 percent nonstate
match requirement in the subsequent
fiscal year.
The council shall seek broad-based
input from Minnesota's Spanish-speaking
community in preparing a report on the
council's governance, goals, and
community development plans to be
presented to the legislature by January
15, 1986.
Sec. 40. COUNCIL ON BLACK
MINNESOTANS 121,800 122,200
Approved Complement - 3.5
Ten percent of the appropriation for
each year is available for allotment
only upon demonstration of dollar for
dollar match with nonstate
contributions. During the biennium, up
to one-third of the nonstate match
requirement may be met with in-kind
contributions. All funds not receiving
a nonstate match shall cancel to the
general fund. Nonstate contributions
raised by the council in fiscal year
1985 or fiscal year 1986 in excess of
the nonstate match requirement shall be
credited to the 10 percent nonstate
match requirement in the subsequent
fiscal year.
Sec. 41. COUNCIL ON
ASIAN-PACIFIC MINNESOTANS 75,000 75,000
Approved Complement - 3
Ten percent of the appropriation for
each year is available for allotment
only upon demonstration of dollar for
dollar match with nonstate
contributions. During the biennium, up
to one-third of the nonstate match
requirement may be met with in-kind
contributions. All funds not receiving
a nonstate match shall cancel to the
general fund. Nonstate contributions
raised by the council in fiscal year
1986 in excess of the nonstate match
requirement shall be credited to the 10
percent nonstate match requirement in
the subsequent fiscal year.
Sec. 42. COUNCIL FOR THE
HANDICAPPED 376,400 378,200
Approved Complement - 10
Ten percent of the appropriation for
each year is available for allotment
only upon demonstration of dollar for
dollar match with nonstate
contributions. During the biennium, up
to one-third of the nonstate match
requirement may be met with in-kind
contributions. All funds not receiving
a nonstate match shall cancel to the
general fund. Nonstate contributions
raised by the council in fiscal year
1985 or fiscal year 1986 in excess of
the nonstate match requirement shall be
credited to the 10 percent nonstate
match requirement in the subsequent
fiscal year.
Sec. 43. HUMAN RIGHTS
Subdivision 1. Total
Appropriation 2,322,000 2,251,800
Approved Complement - 1986 1987
67 65
Two positions from the backlog
reduction unit shall cancel on July 1,
1986 and the approved complement of the
department for fiscal year 1987 shall
be reduced accordingly.
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Enforcement
$1,659,600 $1,588,500
The department's mobile unit must give
high priority to investigating human
rights complaints and conducting
intake, fact-finding mediation, and
educational outreach services in the
Duluth area.
Subd. 3. Administration
$ 662,400 $ 663,300
Sec. 44. HOUSING FINANCE
AGENCY
Subdivision 1. Total
Appropriation $12,115,000 $11,891,700
Approved Complement - 129
Spending limit on cost of general
administration of agency programs:
1986 1987
$5,372,600 $5,484,200
This appropriation is for transfer to
the housing development fund for the
programs specified in subdivisions 2 to
5.
Subd. 2. Multifamily Housing
$ 550,000 $ 550,000
$550,000 the first year and $550,000
the second year is for a shared
residence demonstration program.
Subd. 3. Single Family Housing
$5,125,000 $5,125,000
$1,500,000 the first year and
$1,500,000 the second year is for home
ownership assistance under Minnesota
Statutes, section 462A.21, subdivision
8.
$1,250,000 the first year and
$1,250,000 the second year is for
single family interest rate writedowns
under Minnesota Statutes, section
462A.21, subdivision 4b.
$500,000 the first year and $500,000
the second year is for the tribal
Indian mortgage loan program under
Minnesota Statutes, section 462A.07,
subdivision 14.
$1,500,000 the first year and
$1,500,000 the second year is for other
tribal Indian housing programs under
Minnesota Statutes, section 462A.07,
subdivision 14.
$375,000 the first year and $375,000
the second year is for urban Indian
housing programs under Minnesota
Statutes, section 462A.07, subdivision
15.
Subd. 4. Housing Rehabilitation
$6,390,000 $6,216,700
$150,000 is to make deferred loans to
enrolled members of the Minnesota
Chippewa tribe and the Red Lake band of
Chippewa Indians to rehabilitate single
family homes under Minnesota Statutes,
section 462A.05, subdivision 14a. The
housing finance agency shall report to
the legislature by March 1, 1986, on
the progress of this loan program.
$3,490,000 the first year and
$3,466,700 the second year is for
rehabilitation loans under Minnesota
Statutes, section 462A.05, subdivision
15.
$2,500,000 the first year and
$2,500,000 the second year is for home
improvement interest rate writedowns
under Minnesota Statutes, section
462A.05, subdivision 23.
$250,000 the first year and $250,000
the second year is for improving
accessibility to housing under
Minnesota Statutes, section 462A.05,
subdivision 15a.
Subd. 5. Housing Research
$ 50,000
This appropriation is for a home equity
study.
Subd. 6. Department of Economic
Security
$170,000 $170,000
This appropriation is to the department
of economic security for operating
expenses of temporary housing
demonstration program facilities,
including but not limited to those four
temporary housing demonstration program
facilities for which operating expenses
were disbursed in fiscal year 1985 by
the department of economic security and
for which rehabilitation or acquisition
money was also disbursed in fiscal year
1985 by the Minnesota Housing Finance
Authority.
$140,000 of the balance in the
innovative multifamily housing fund
created by Minnesota Statutes, section
462A.05, subdivision 18a, is canceled
to the general fund.
Sec. 45. GENERAL CONTINGENT
ACCOUNTS 1,575,000 1,575,000
The appropriations in this section must
be spent with the approval of the
governor after consultation with the
legislative advisory commission under
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
General $1,500,000 $1,500,000
Game and Fish $ 75,000 $ 75,000
Part of the appropriation from the
general fund may be transferred to the
special revenue fund and is
appropriated to meet the general
contingent needs of appropriations
formerly made from the general fund.
Sec. 46. TORT CLAIMS 468,200 25,000
To be spent by the commissioner of
finance.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Summary by Fund
General $ 443,200
Game and Fish $ 25,000 $ 25,000
Sec. 47. DEBT SERVICE 137,283,000 150,517,000
The appropriation is for transfer by
the commissioner of finance to the
state bond fund.
If this appropriation is insufficient
to make all transfers required in the
year for which it is made, the
commissioner of finance shall notify
the committee on finance of the senate
and the committee on appropriations of
the house of representatives of the
amount of the deficiency and shall then
transfer that amount under the
statutory open appropriation.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 48. MINNESOTA STATE
RETIREMENT SYSTEM 4,348,000 4,739,000
The amounts estimated to be needed for
each program are as follows:
(a) Legislators
$1,970,000 $2,168,000
Under Minnesota Statutes, sections
3A.03, subdivision 2; 3A.04,
subdivisions 3 and 4; and 3A.11.
(b) Judges
$2,224,000 $2,405,000
Under Minnesota Statutes, sections
490.106; and 490.123, subdivision 1.
(c) Constitutional Officers
$ 116,000 $ 128,000
Under Minnesota Statutes, sections
352C.031, subdivision 5; 352C.04,
subdivision 3; and 352C.09, subdivision
2.
(d) State Employee Supplemental Benefits
$ 38,000 $ 38,000
Under Minnesota Statutes, section
352.73.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 49. PUBLIC EMPLOYEES
RETIREMENT ASSOCIATION 30,000 30,000
This appropriation is for supplemental
benefits under Minnesota Statutes,
section 353.83.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 50. MINNEAPOLIS EMPLOYEES
RETIREMENT FUND 8,286,000 11,911,700
The appropriation is to the
commissioner of finance for payment to
the Minneapolis employees retirement
fund under Minnesota Statutes, section
422A.101, subdivision 3.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
The legislative commission on pensions
and retirement shall have the
commission's actuary review all the
assumptions used by the actuary for the
Minneapolis employees retirement fund
for 1985 and recalculate the amount of
the state payment to the fund for the
fiscal year ending June 30, 1987. The
appropriation for that year is reduced
to the amount of the recalculated
payment.
Sec. 51. POLICE AND FIRE
AMORTIZATION AID 7,537,000 7,537,000
The appropriation is to the
commissioner of finance for state aid
to amortize the unfunded liability of
local police and salaried firefighters'
relief associations, under Minnesota
Statutes, section 423A.02. If an
appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 52. SALARY SUPPLEMENT 32,921,700 56,631,400
Subdivision 1. Appropriations
Except as limited by the direct
appropriations made in this section,
the amounts necessary to pay
compensation and economic benefit
increases covered by this section are
appropriated from the various funds in
the state treasury from which salaries
are paid to the commissioner of finance
for the fiscal years ending June 30,
1986, and June 30, 1987. In the case
of salaries that are paid from one
fund, but that fund is reimbursed by
another fund, the amounts necessary to
make these reimbursements are also
appropriated.
(a) General Fund
$22,850,000 $39,461,900
For 1985 - $650,000
$3,500,000 the first year and
$7,000,000 the second year is for
comparability adjustments.
$650,000 for 1985, $4,250,000 the first
year, and $3,750,000 the second year is
for Fair Labor Standards Act
adjustments.
The appropriation for the second year
for the Fair Labor Standards Act is
available only with the approval of the
governor after consultation with the
legislative advisory commission, under
Minnesota Statutes, section 3.30. By
January 15, 1986, the commissioner of
employee relations must submit to the
chairmen of the senate finance
committee and house of representatives
appropriations committee a report that
outlines the efforts made by appointing
authorities to reduce the number of
assigned overtime hours. Reductions in
overtime must be consistent with
cost-effective staffing levels and with
negotiated labor contracts.
Part of the appropriation from the
general fund may be transferred to the
special revenue fund and is
appropriated to meet the salary
supplement needs of positions formerly
paid from the general fund.
(b) State Airports Fund
$ 54,600 $ 104,500
$3,000 the first year and $7,000 the
second year is for comparability
adjustments.
(c) Game and Fish Fund
$1,071,100 $1,713,500
$25,000 the first year and $50,000 the
second year is for comparability
adjustments.
$350,000 the first year and $350,000
the second year is for Fair Labor
Standards Act adjustments.
(d) Trunk Highway Fund
$8,688,600 $14,857,000
For 1985 - $650,000
$325,000 the first year and $650,000
the second year is for comparability
adjustments.
$650,000 for 1985, $1,900,000 the first
year, and $1,900,000 the second year is
for Fair Labor Standards Act
adjustments.
(e) Highway User Tax Distribution Fund
$ 257,400 $ 494,500
$75,000 the first year and $150,000 the
second year is for comparability
adjustments.
Subd. 2. Increases Covered
The compensation and economic benefit
increases covered by this section are
those paid to classified and
unclassified employees and officers in
the executive, judicial, and
legislative branches of state
government, and to employees of the
Minnesota historical society who are
paid from state appropriations, if the
increases are required by existing law
or authorized by law during the 1985
session of the legislature or by
appropriate resolutions for employees
of the legislature, or are given
interim approval by the legislative
commission on employee relations under
Minnesota Statutes, sections 3.855 and
43A.18 or 179A.22, subdivision 4, or
have been recommended by the
compensation council.
The salary increases recommended by the
compensation council on December 31,
1984, for legislators, judges, and
constitutional officers are ratified,
except that the rate of increase that
goes into effect on January 1, 1986,
January 1, 1987, and January 1, 1988,
must not be more than the lowest
comparable rate of increase in an
approved negotiated agreement or
arbitration award covering state
employees, as determined by the
commissioner of employee relations.
The salaries for positions listed in
Minnesota Statutes, section 15A.081,
subdivision 1, which were given interim
approval by the legislative commission
on employee relations after adjournment
of the 1984 legislature, are ratified,
retroactive to the effective date for
each salary approved by the legislative
commission on employee relations.
Within the provisions of the managerial
plan approved under Minnesota Statutes,
section 43A.18, an agency may not
authorize aggregate performance
increases for its managers that exceed
an average of five percent in each year
of the biennium ending June 30, 1987.
An agency that granted increases less
than the average increases authorized
by all state agencies during the
biennium ending June 30, 1985, may
exceed this limit by the amount that
its increases were less than the
average increases authorized by all
state agencies during the biennium
ending June 30, 1985.
Subd. 3. Comparability Adjustments
The amounts appropriated for
comparability adjustments must be
distributed under Minnesota Statutes,
section 43A.05, according to the list
of job classes approved by the
legislative commission on employee
relations.
Subd. 4. Notice
During the biennium, the commissioner
of finance shall transfer the necessary
amounts to the proper accounts and
shall promptly notify the committee on
finance of the senate and the committee
on appropriations of the house of
representatives of the amount
transferred to each appropriation
account.
Sec. 53. PUBLIC SAFETY 40,000 -0-
This appropriation is to enable the
department of public safety to assume
responsibility for maintaining and
operating the Minnesota automated
fingerprint identification network.
Sec. 54. AGRICULTURE 125,000 -0-
This appropriation is for the
commissioner of agriculture to make
grants to Minnesota nonprofit
organizations to buy agricultural
commodities and food produced in the
state and to ship the commodities and
food to areas of Africa in need of
famine relief. The commissioner shall
solicit and accept proposals for grants
until January 1, 1986. By March 15,
1986, the commissioner shall allocate
the money available for grants to the
nonprofit organizations, giving
priority to the organizations that will
buy the largest amount of agricultural
commodities and food from supplies
produced in the state. Each grant must
be matched by the nonprofit
organization in an amount at least two
times the grant amount. The
commissioner shall require the
nonprofit organization to report to the
commissioner within six months after
receiving the grant on how the money
was spent and the relief it provided.
The commissioner shall report to the
legislature by April 1, 1986, on the
famine relief provided by this
appropriation.
This appropriation is available only if
there is clear indication that
distribution problems in Africa will
not be an impediment to effective use
of the money. The state planning
agency, in cooperation with the
University of Minnesota and the
department of agriculture, shall devise
a program of supplying seed and
agricultural expertise to move toward a
more long-range solution for African
famine relief.
Sec. 55. [TRANSFERS.]
Subdivision 1. [GENERAL PROCEDURE.] If the appropriation
in this act to an agency in the executive branch is specified by
program, the agency may transfer unencumbered balances among the
programs specified in that section after getting the approval of
the commissioner of finance. The commissioner shall not approve
a transfer unless the commissioner believes that it will carry
out the intention of the legislature. The transfer must be
reported immediately to the committee on finance of the senate
and the committee on appropriations of the house of
representatives. If the appropriation in this act to an agency
in the executive branch is specified by activity, the agency may
transfer unencumbered balances among the activities specified in
that section using the same procedure as for transfers among
programs.
Subd. 2. [CONSTITUTIONAL OFFICERS.] A constitutional
officer need not get the approval of the commissioner of finance
but must notify the committee on finance of the senate and the
committee on appropriations of the house of representatives
before making a transfer under subdivision 1.
Subd. 3. [TRANSFER PROHIBITED.] If an amount is specified
in this act for an item within an activity, that amount must not
be transferred or used for any other purpose.
Sec. 56. [STUDY OF ELEVATOR SAFETY INSPECTIONS.]
Subdivision 1. [STUDY ESTABLISHED.] The commissioner of
labor and industry shall direct a study to establish a
statewide, annual construction elevator inspection program by
the commissioner of labor and industry. The study must be so
designed and conducted as to constitute a survey of construction
elevator safety, regulatory compliance, and inspection needs
throughout the state.
Subd. 2. [STUDY GUIDELINES.] The commissioner of labor and
industry shall establish guidelines for the study including:
(1) a survey of the number and condition of construction
elevators, which for purposes of this section include
dumbwaiters, material lifts, powered platform man lifts, and
hoists;
(2) a survey of present construction elevator compliance
with rules of the commissioner of labor and industry;
(3) recommendations of the manpower necessary to field
qualified state construction elevator inspectors to be able to
inspect elevators on an annual basis;
(4) recommendations of suggested fees to fund on a
self-supporting basis the cost of statewide, annual construction
elevator inspections;
(5) an assessment of the adequacy of municipal construction
elevator inspection programs; and
(6) recommended changes in the laws of the state as a
result of the survey and investigation to secure greater safety
and efficiency and to eliminate duplication of function, effort,
or activity.
Subd. 3. [REPORT.] The commissioner of labor and industry
shall report to the legislature findings of fact, initial
conclusions, and recommendations by January 1, 1986, and if
requested by the legislature, further findings and
recommendations by March 1, 1986.
Subd. 4. [ASSISTANCE.] The commissioner may appoint,
consult, or contract with persons, firms, corporations,
applicable labor organizations, and governmental subdivisions to
aid in the study.
Sec. 57. Minnesota Statutes 1984, section 2.722,
subdivision 1, is amended to read:
Subdivision 1. [DESCRIPTION.] Effective July 1, 1959, the
state is divided into ten judicial districts composed of the
following named counties, respectively, in each of which
districts two or more judges shall be chosen as hereinafter
specified:
1. Goodhue, Dakota, Carver, LeSueur, McLeod, Scott, and
Sibley; seven nine judges; and four permanent chambers shall be
maintained in Red Wing, Hastings, Shakopee, and Glencoe and one
other shall be maintained at the place designated by the chief
judge of the district;
2. Ramsey; 13 judges;
3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele,
Waseca, Freeborn, Mower, and Fillmore; six 22 judges; and
permanent chambers shall be maintained in Faribault, Albert Lea,
Austin, Rochester, and Winona;
4. Hennepin; 24 judges;
5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet,
Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault,
Martin, and Jackson; five judges; and permanent chambers shall
be maintained in Marshall, Windom, Fairmont, New Ulm, and
Mankato;
6. Carlton, St. Louis, Lake, and Cook; six judges;
7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail,
Stearns, Todd, Clay, Becker, and Wadena; four 19 judges; and
permanent chambers shall be maintained in Moorhead, Fergus
Falls, Little Falls, and St. Cloud;
8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville,
Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens,
Traverse, and Wilkin; three judges; and permanent chambers shall
be maintained in Morris, Montevideo, and Willmar;
9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau,
Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard,
Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching;
six judges; and permanent chambers shall be maintained in
Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids,
and International Falls;
10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine,
Chisago, and Washington; ten 24 judges; and permanent chambers
shall be maintained in Anoka, Stillwater, and other places
designated by the chief judge of the district.
Sec. 58. Minnesota Statutes 1984, section 2.722, is
amended by adding a subdivision to read:
Subd. 4. [DETERMINATION OF A JUDICIAL VACANCY.] When a
judge of the district, county, or county municipal court dies,
resigns, retires, or is removed from office, the supreme court,
in consultation with judges and attorneys in the affected
district, shall determine within 90 days of receiving notice of
a vacancy from the governor whether the vacant office is
necessary for effective judicial administration. The supreme
court may continue the position, may order the position
abolished, or may transfer the position to a judicial district
where need for additional judges exists, designating the
position as either a county, county/municipal or district court
judgeship. The supreme court shall certify any vacancy to the
governor, who shall fill it in the manner provided by law.
Sec. 59. Minnesota Statutes 1984, section 3.099,
subdivision 1, is amended to read:
Subdivision 1. The compensation of each member of the
legislature shall be due on the first day of the regular
legislative session of the term and payable in equal parts on
the fifteenth day of January in the first month of each term and
on the first day of each month, February to December,
inclusive thereafter, during the term for which he was elected.
The compensation of each member of the legislature elected at a
special election is due on the day the member takes the oath of
office and payable within ten days of taking the oath, for the
remaining part of the month in which the oath was taken, and in
equal parts thereafter on the first day of each month during the
term for which he was elected.
Each member shall receive mileage for necessary travel in
going to and returning from the place of meeting to his place of
residence in such amount and for such trips as may be authorized
by the senate as to senate members, and by the house of
representatives as to house members.
Each member shall receive in addition to the foregoing,
such per diem living expenses during a regular or special
session of the legislature in such amounts and for such purposes
as may be determined by the senate as to senate members and by
the house of representatives as to house members; provided, that
because of the salary increases provided in subdivision 2, the
amount of the per diem living expenses payable pursuant to this
section during the 71st legislative session shall be set at a
level not to exceed $27 for each member who has moved from his
usual place of lodging during a substantial part of the session
and not to exceed $17 for each member who has not so changed his
place of lodging.
On the fifteenth day of January in the first month of each
term and on the first day of each month, February to December,
inclusive thereafter, the secretary of the senate and the chief
clerk of the house of representatives, shall certify to the
commissioner of finance, in duplicate, the amount of
compensation then payable to each member of their respective
houses, and the aggregate thereof.
Sec. 60. Minnesota Statutes 1984, section 3.21, is amended
to read:
3.21 [NOTICE.]
At least four months preceding the election, the attorney
general shall furnish to the secretary of state a statement of
the purpose and effect of all amendments proposed showing
clearly the form of the existing sections, and of the same as
they will read if amended, except that when any section to which
an amendment is proposed exceeds 150 words in length, the
statement shall show that part of the section in which a change
is proposed, both in its existing form and as it will read when
amended, together with portions of the context as the attorney
general deems necessary to an understanding of the proposed
amendment. In the month of October prior to the election, the
secretary of state shall give two weeks published notice of
publish the statement once in all qualified newspapers of the
state. The secretary of state shall furnish the statement to
the newspapers in reproducible form approved by the secretary of
state, set in 7-1/2 point type on an eight point body. The
maximum rate for publication shall be as provided in section
331A.06 for the two publications or 18 cents per standard line,
whichever is less. If any newspaper shall refuse the
publication of the amendments, this refusal and failure of the
publication shall have no effect on the validity of the
amendments. The secretary of state shall also forward to each
county auditor copies of the statement, in poster form, in
quantities sufficient to supply each election district of his
county with two copies thereof. The auditor shall cause two
copies to be conspicuously posted at or near each polling place
on election day. Wilful or negligent failure by any official
named to perform any duty imposed upon him by this section shall
be deemed a misdemeanor.
Sec. 61. Minnesota Statutes 1984, section 3.302,
subdivision 3, is amended to read:
Subd. 3. The legislative reference library is a depository
of all documents published by the state and shall receive such
materials automatically without cost. As used in this chapter,
"document" shall include any publication issued by the state,
constitutional officers, departments, commissions, councils,
bureaus, research centers, societies, task forces, including
advisory task forces created under section 15.014 or 15.0593, or
other agencies supported by state funds, or any publication
prepared for the state by private individuals or organizations
and issued in print, including all forms of duplicating other
than by the use of carbon paper, considered to be of interest or
value to the legislative reference library. Intraoffice or
interoffice memos and forms and information concerning only the
internal operation of an agency are not included.
Sec. 62. Minnesota Statutes 1984, section 3.303, is
amended by adding a subdivision to read:
Subd. 5. The commission shall assist state agencies in
making arrangements for the accommodation and appropriate
recognition of individuals or groups visiting Minnesota as
direct or indirect representatives of foreign governments, other
states, or any of the subdivisions or agencies of foreign
governments or other states; and provide other services
determined by the commission. The commission may make grants,
employ staff and obtain office space, equipment, and supplies
necessary to perform the designated duties.
Sec. 63. Minnesota Statutes 1984, section 3.351,
subdivision 3, is amended to read:
Subd. 3. [REVIEW OF PLANS TO RECEIVE AND SPEND FEDERAL
ENERGY MONEY.] The plan for receipt and expenditure of money
resulting from litigation or settlements of alleged violations
of federal petroleum pricing regulations shall be submitted to
the commission for review and comment prior to submission to the
federal government; provided that, if the commission fails to
review and comment within 30 days, the plan may be submitted
without commission review. If the use of the money is not
governed by federal requirements or restrictions, the commission
shall develop its own plan for the expenditure of the money. A
plan developed by the commission must provide that, to the
extent feasible, the money will be expended for energy projects
or other public projects that provide direct benefit to classes
of consumers affected by the petroleum pricing violations. The
plan must allocate the money to projects that benefit classes of
consumers in proportion to their consumption of petroleum
products. The plan may also provide for expenditure of the
money for programs of the commission. The commission shall
submit its plan to the governor or the state agency eligible to
receive the money from the federal government. The plan is
advisory only. The commission by resolution may request the
governor or any state agency eligible to receive money from the
federal government for other energy programs to submit a plan
for expenditure to the commission for review and comment prior
to submission to the federal government. If the governor or the
agency is required to submit a request to spend the money to the
legislative advisory commission under section 3.3005, the
commission shall forward its comments to the legislative
advisory commission for consideration during its preparation of
a recommendation.
Sec. 64. Minnesota Statutes 1984, section 3.736,
subdivision 3, is amended to read:
Subd. 3. [EXCLUSIONS.] Without intent to preclude the
courts from finding additional cases where the state and its
employees should not, in equity and good conscience, pay
compensation for personal injuries or property losses, the
legislature declares that the state and its employees are not
liable for the following losses:
(a) Any loss caused by an act or omission of a state
employee exercising due care in the execution of a valid or
invalid statute or regulation;
(b) Any loss caused by the performance or failure to
perform a discretionary duty, whether or not the discretion is
abused;
(c) Any loss in connection with the assessment and
collection of taxes;
(d) Any loss caused by snow or ice conditions on any
highway or other public place, except when the condition is
affirmatively caused by the negligent acts of a state employee;
(e) Any loss caused by wild animals in their natural state;
(f) Any loss other than injury to or loss of property or
personal injury or death;
(g) Any loss caused by the condition of unimproved real
property owned by the state, which means land that the state has
not improved, and appurtenances, fixtures and attachments to
land that the state has neither affixed nor improved;
(h) Any loss arising from the construction, operation, or
maintenance of the outdoor recreation system, as defined in
section 86A.04, or from the clearing of land, removal of refuse,
and creation of trails or paths without artificial surfaces, or
from the construction, operation, or maintenance of a water
access site created by the iron range resources and
rehabilitation board, except that the state is liable for
conduct that would entitle a trespasser to damages against a
private person.
(i) Any loss of benefits or compensation due under a
program of public assistance or public welfare, except where
state compensation for loss is expressly required by federal law
in order for the state to receive federal grants-in-aid;
(j) Any loss based on the failure of any person to meet the
standards needed for a license, permit, or other authorization
issued by the state or its agents;
(k) Any loss based on the usual care and treatment, or lack
of care and treatment, of any person at a state hospital or
state corrections facility where reasonable use of available
appropriations has been made to provide care;
(l) Any loss, damage, or destruction of property of a
patient or inmate of a state institution;
(m) Any loss for which recovery is prohibited by section
169.121, subdivision 9.
The state will not pay punitive damages.
Sec. 65. Minnesota Statutes 1984, section 3.85,
subdivision 11, is amended to read:
Subd. 11. [RULES FOR PENSION VALUATIONS AND COST
ESTIMATES.] The commission shall by June 30, 1985, adopt rules
prescribing specific detailed methods of calculating,
evaluating, and displaying current and proposed law liabilities,
costs, and actuarial equivalents of all public employee pension
plans in Minnesota. These rules shall be consistent with the
general direction prescribed in chapter 356.
There is appropriated from the general fund to the
commission not to exceed $75,000 in fiscal year 1985, and
$25,000 in each fiscal year thereafter for developing,
implementing, and annually updating the rules adopted pursuant
to this section.
Sec. 66. [3.875] [LEGISLATIVE COMMISSION ON ECONOMIC
DEVELOPMENT STRATEGY.]
Subdivision 1. [COMMISSION CREATED.] A legislative
commission on economic development strategy is created to review
state economic development efforts and recommend a strategy for
state economic development activities.
Subd. 2. [MEMBERSHIP.] The commission consists of ten
members: five members of the senate appointed by the
subcommittee on committees of the committee on rules and
administration and five members of the house of representatives
appointed by the speaker. The members shall elect the chair.
Subd. 3. [COMPENSATION.] Members of the commission shall
be compensated in the manner provided by section 3.101.
Subd. 4. [STAFF ASSISTANCE.] The commission may appoint an
executive director in the unclassified service and hire staff
who may request and shall receive reasonable assistance from
other state agencies. The director of state planning, the
commissioner of energy and economic development, and the
commissioner of agriculture shall provide, to the extent
requested by the commission, necessary office space, equipment,
and staff assistance to the commission to enable the commission
to carry out its duties. These agencies shall share the costs
of the executive director and support staff. The legislative
coordinating commission shall also provide office space and
administrative support to the commission.
Subd. 5. [DUTIES.] The commission shall:
(1) review existing data and collect additional data when
needed regarding existing, proposed, and potential economic
development programs;
(2) review existing economic development programs and
assess their effectiveness and appropriateness;
(3) study state economic development options and develop a
long-term strategy for state economic development efforts,
including suggested goals and measurable objectives; and
(4) report on the results of those matters specified by
clauses (1), (2), and (3) to the legislature by February 1,
1987. The report shall include but is not limited to the
strategy required by clause (3), and proposed legislation to
repeal, revise, or create new or existing economic development
programs.
Subd. 6. [POWERS.] The commission may:
(1) contract for consulting or research services;
(2) establish advisory task forces consisting of
individuals including agency heads or their designees,
University of Minnesota personnel or their designees, and
persons in the private sector having knowledge in commerce and
economic development; and
(3) vote to discontinue its work if it reasonably concludes
that it has complied with subdivision 1 and that there is
nothing remaining for the commission or its staff to accomplish.
Subd. 7. [FACTUAL CONSIDERATIONS.] In carrying out the
duties required by subdivision 6, the commission shall consider:
(1) the economic and noneconomic strengths and weaknesses
of the state;
(2) economic and noneconomic costs and benefits of
development, including effects on people, communities, and
businesses;
(3) the proper role and limitations of government efforts
to aid economic development, including any necessary
reorganization of state government and any necessary interagency
coordination and communication;
(4) the effect of past and present economic development
policies and programs, as well as the possibility and results of
cooperation with the federal government and other midwestern
states;
(5) the proper role of local government, including
coordination of local programs;
(6) the industries or segments of industry and types of
businesses that should be the focus of state economic
development efforts;
(7) whether the focus of state decision makers should be on
new firms or businesses, or limited to expansion of existing
firms or businesses, and what guidelines should be established
to assure that the development or expansion would not occur
without state assistance;
(8) the effectiveness, including cost effectiveness,
considering the state's kind and number of resources, of current
economic development tools, such as job training, grants, loans,
loan guarantees, tax incentives, subsidies, venture capital,
technical support, and project incubation;
(9) the potential effectiveness of other policies or tools
not currently provided for;
(10) the importance to economic development of state
educational programs, tax structures, infrastructure, and
regulation;
(11) the effects of existing and potential international
trade activities and federal fiscal and monetary policy on
economic development within the state; and
(12) the extent to which economic development programs
should be directed to industries in which Minnesota has a
comparative advantage or directed to maintaining a diversified
economy.
Subd. 8. [SUNSET.] This section is repealed July 1, 1987.
Sec. 67. Minnesota Statutes 1984, section 3.9223,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] There is created a state
council on affairs of Spanish-speaking people to consist of
seven members appointed by the governor. The members of the
council shall be broadly representative of the Spanish-speaking
community of the state. The demographic composition of the
council members shall accurately reflect the demographic
composition of Minnesota's Spanish-speaking community, including
migrant workers, as determined by the state demographer.
Membership, terms, compensation, removal of members and filling
of vacancies shall be as provided in Minnesota Statutes, section
15.0575. The council shall annually elect from its membership a
chairperson and other officers it deems necessary. The council
shall expire on the date provided by section 15.059, subdivision
5.
Sec. 68. [3.9226] [COUNCIL ON ASIAN-PACIFIC MINNESOTANS.]
Subdivision 1. [CREATION.] The state council on
Asian-Pacific Minnesotans consists of 13 members. Nine members
are appointed by the governor and shall be broadly
representative of the Asian-Pacific community of the state.
Terms, compensation, removal, and filling of vacancies for these
members are as provided in section 15.059. In addition, two
members of the house of representatives appointed under the
rules of the house of representatives and two members of the
senate appointed under the rules of the senate shall serve as
nonvoting members of the council. The council shall annually
elect from its membership a chairperson and other officers it
deems necessary.
Subd. 2. [DEFINITION.] For the purpose of this section,
the term Asian-Pacific means a person from any of the countries
in Asia or the Pacific Islands.
Subd. 3. [DUTIES.] The council shall:
(1) advise the governor and the legislature on issues
confronting Asian-Pacific people in this state, including the
unique problems of non-English-speaking immigrants and refugees;
(2) advise the governor and the legislature of
administrative and legislative changes necessary to ensure
Asian-Pacific people access to benefits and services provided to
people in this state;
(3) recommend to the governor and the legislature any
revisions in the state's affirmative action program and other
steps that are necessary to eliminate underutilization of
Asian-Pacific people in the state's work force;
(4) recommend to the governor and the legislature
legislation designed to improve the economic and social
condition of Asian-Pacific people in this state;
(5) serve as a conduit to state government for
organizations of Asian-Pacific people in the state;
(6) serve as a referral agency to assist Asian-Pacific
people in securing access to state agencies and programs;
(7) serve as a liaison with the federal government, local
government units, and private organizations on matters relating
to the Asian-Pacific people of this state;
(8) perform or contract for the performance of studies
designed to suggest solutions to the problems of Asian-Pacific
people in the areas of education, employment, human rights,
health, housing, social welfare, and other related areas;
(9) implement programs designed to solve the problems of
Asian-Pacific people when authorized by other law;
(10) publicize the accomplishments of Asian-Pacific people
and their contributions to this state;
(11) work with other state and federal agencies and
organizations to develop small business opportunities and
promote economic development for Asian-Pacific Minnesotans;
(12) supervise development of an Asian-Pacific trade
primer, outlining Asian and Pacific customs, cultural
traditions, and business practices, including language usage,
for use by Minnesota's export community; and
(13) cooperate with other state and federal agencies and
organizations to develop improved state trade relations with
Asian and Pacific countries.
Subd. 4. [REVIEW OF GRANT APPLICATIONS AND BUDGET
REQUESTS.] State departments and agencies shall consult with the
council concerning any application for federal money that will
have its primary effect on Asian-Pacific Minnesotans before
development of the application. The council shall advise the
governor and the commissioner of finance concerning any state
agency request that will have its primary effect on
Asian-Pacific Minnesotans.
Subd. 5. [POWERS.] (a) The council may contract in its own
name but may not accept or receive a loan or incur indebtedness
except as otherwise provided by law. Contracts must be approved
by a majority of the members of the council and executed by the
chairperson and the executive director. The council may apply
for, receive, and expend in its own name grants and gifts of
money consistent with the powers and duties specified in this
section.
(b) The council shall appoint an executive director who is
experienced in administrative activities and familiar with the
problems and needs of Asian-Pacific people. The council may
delegate to the executive director any powers and duties under
this section that do not require council approval. The
executive director serves in the unclassified service and may be
removed at any time by the council. The executive director
shall recommend to the council, and the council may appoint, the
appropriate staff necessary to carry out the duties of the
council. All staff members serve in the unclassified service.
The commissioner of administration shall provide the council
with necessary administrative services, for which the council
shall reimburse the commissioner.
Subd. 6. [STATE AGENCY ASSISTANCE.] On the request of the
council, state agencies shall supply the council with advisory
staff services on matters relating to the jurisdiction of the
council. The council shall cooperate and coordinate its
activities with other state agencies to the highest possible
degree.
Subd. 7. [REPORT.] The council shall prepare and
distribute a report to the governor and legislature by November
15 of each even-numbered year. The report shall summarize the
activities of the council since its last report, list receipts
and expenditures, identify the major problems and issues
confronting Asian-Pacific people, and list the specific
objectives that the council seeks to attain during the next
biennium.
Subd. 8. [REPEALER.] This section is repealed June 30,
1988.
Sec. 69. [3C.035] [DRAFTING FOR EXECUTIVE BRANCH.]
Subdivision 1. [DEADLINES.] A department or agency
intending to urge the legislature to adopt a bill shall deliver
the drafting request for the bill to the revisor of statutes by
December 1 before the regular session of the legislature at
which adoption will be urged. A commissioner or agency head,
however, may deliver a drafting request later by certifying to
the revisor, with supporting facts, that the request is an
emergency, relates to a matter that could not reasonably have
been foreseen before December 1, or for which there is other
reasonable justification for delay. The completed bill draft,
in a form ready for introduction, must be delivered by the
revisor to a senator or representative as directed by the
department or agency. If the draft was requested after December
1, it must be accompanied by a copy of the commissioner's
certification to the revisor.
Subd. 2. [COSTS.] Agencies shall include in their budgets
amounts to pay for bill drafting services provided by the
revisor of statutes. The revisor shall assess agencies for the
actual cost of bill drafting services rendered to them on
requests delivered to the revisor by December 1. The revisor
shall assess agencies for 120 percent of the actual cost of bill
drafting services rendered to them on requests delivered to the
revisor after December 1. The revisor shall also assess an
agency for the actual cost or 120 percent of actual cost, as
appropriate, for drafting a request that a senator or
representative submits to the revisor's office on behalf of the
agency. The revisor may not assess a department or agency for
the costs related to drafting affecting an agency if the request
for drafting originated from within the legislature. Receipts
from the assessment must be deposited in the state treasury and
credited to the revisor's account.
Subd. 3. [RESTRICTIONS ON OUTSIDE DRAFTING.] A department
or agency may not contract with an attorney, consultant, or
other person either to provide drafting services to the
department or agency or to advise on drafting unless the revisor
determines that special expertise is required for the drafting
and the expertise is not available from the revisor or the
revisor's staff. A department or agency may not request
legislative staff, other than the revisor of statutes, to
provide drafting services to the department or agency.
Sec. 70. [3C.055] [ALLOCATION OF EDITING, PUBLICATION, AND
MISCELLANEOUS COSTS OTHER THAN DRAFTING COSTS; APPROPRIATIONS.]
Subdivision 1. [BUDGET PREPARATION.] In preparing a budget
for the office of the revisor of statutes, the revisor shall
allocate to the executive branch the costs of editing and
publishing Minnesota Rules and its supplement, preparing
printer's copy for the printing of extracts of statutes and
rules, editing and publishing a rule drafting guide, editing and
publishing the copies of Minnesota Statutes, Minnesota Statutes
supplement, and session laws that are delivered free to
executive officers and agencies and to county or city libraries
and the Minnesota historical society, and editing the copies of
Minnesota Statutes, Minnesota Statutes supplement, and session
laws that are sold to the public. The revisor shall allocate to
the judicial branch the costs of editing and publishing the
copies of Minnesota Statutes and its supplement, Minnesota Rules
and its supplement, and session laws that are delivered free to
the judicial branch. The revisor shall allocate to the
legislative branch the costs of all other services not either
allocated to the other two branches or reimbursed by assessments
for services or receipts from sales.
Subd. 2. [TRANSFER.] The portion of the revisor's total
costs allocated to the executive branch and appropriated to the
department of administration must be transferred on July 1 of
each year from the department's appropriation to the revisor's
account. The portion of the revisor's total costs allocated to
the judicial branch and appropriated to the supreme court must
be transferred on July 1 of each year from the court's
appropriation to the revisor's account. The portion of the
revisor's total costs allocated to the legislative branch and
appropriated to the legislative coordinating commission must be
transferred on July 1 of each year from the commission's
appropriation to the revisor's account.
Sec. 71. [3C.056] [DRAFTING COSTS ASSESSMENT.]
Those authorized by section 3C.03 to use the the revisor's
drafting services, other than members of the legislature and
commissions or committees appointed by the legislature, shall
pay their proportionate share of the costs of drafting services
actually furnished them. The revisor shall calculate and
allocate costs and bill for drafting services by whatever system
the revisor determines to be most fair and most practical for
the revisor and for those being served. In billing for drafting
services, the revisor shall use the statewide accounting system
and the allotment and encumbrance system, but only to the extent
necessary to facilitate the use of those systems by those being
billed.
Sec. 72. [3C.057] [REVISOR'S ACCOUNT.]
Money received by the revisor from transfers from other
agencies and receipts from assessments and sales must be
deposited in the state treasury and credited to a revisor's
account. Money in the account is appropriated to the revisor of
statutes for the operation and maintenance of the revisor's
office. This appropriation does not lapse and must not be
canceled.
Sec. 73. Minnesota Statutes 1984, section 3C.12,
subdivision 7, is amended to read:
Subd. 7. [SALE PRICE.] The revisor shall fix the sale
price of an edition of Minnesota Statutes, supplement to
Minnesota Statutes, or edition of Laws of Minnesota according to
the limits of this subdivision. The sale price for an a newly
published edition of Minnesota Statutes is the actual cost of
composition, printing, binding, and distribution of all books
ordered, but not less than $75. The sale prices of each newly
published edition of the Laws of Minnesota and supplement to
Minnesota Statutes are not less than the actual cost of
composition, printing, binding, and distribution of all books
ordered, but not less than $10. Revenue from the sale of the
Minnesota Statutes, supplements to Minnesota Statutes, and Laws
of Minnesota must be deposited in the general fund revisor's
account.
Sec. 74. [5.13] [DEPOSIT OF FEES.]
Fees collected by the secretary of state must be deposited
in the state treasury and credited to the special revenue fund.
Sec. 75. [8.15] [ATTORNEY GENERAL COSTS.]
The attorney general in consultation with the commissioner
of finance shall assess executive branch agencies the cost of
legal services rendered to them. The assessment against
appropriations from other than the general fund must be the full
amount of the cost. The assessment against appropriations
supported by fees must be included in the fee calculation.
Unless appropriations are made for these costs, no payment by
the agency is required. The assessment against appropriations
from the general fund not supported by fees must be one-fourth
of the cost. Receipts from assessments must be deposited in the
state treasury and credited to the general fund.
Sec. 76. Minnesota Statutes 1984, section 11A.07, is
amended by adding a subdivision to read:
Subd. 5. [APPORTIONMENT OF EXPENSES.] The executive
director shall apportion the actual expenses incurred by the
board on an accrual basis among the several funds whose assets
are invested by the board based on the weighted average assets
under management during each quarter. The charge to each
retirement fund must be calculated, billed, and paid on a
quarterly basis in accordance with procedures for
interdepartmental payments established by the commissioner of
finance. The amounts necessary to pay these charges are
appropriated from the investment earnings of each retirement
fund. Receipts must be credited to the general fund as
nondedicated receipts. Funds other than retirement funds must
not be billed; their portion of the expenses will be borne by
the general fund.
Sec. 77. Minnesota Statutes 1984, section 11A.20,
subdivision 1, is amended to read:
Subdivision 1. [CERTIFICATION OF STATE TREASURY FUNDS NOT
CURRENTLY NEEDED.] The state treasurer shall make a report to
the commissioner of finance daily or at other times as the
commissioner of finance shall determine of the funds in the
state treasury together with any other information which the
commissioner may prescribe. When there are funds in the state
treasury over and above the amount that the commissioner of
finance has advised the treasurer is determined are currently
needed, the state treasurer commissioner shall certify to the
state board the amount thereof.
Sec. 78. Minnesota Statutes 1984, section 13.68,
subdivision 1, is amended to read:
Subdivision 1. Energy and financial data, statistics, and
information furnished to the commissioner of energy and economic
development by a coal supplier or petroleum supplier, or
information on individual business customers of a public utility
pursuant to section 116J.16 or 116J.17, either directly or
through a federal department or agency are classified as
nonpublic data as defined by section 13.02, subdivision 9.
Sec. 79. Minnesota Statutes 1984, section 14.07,
subdivision 1, is amended to read:
Subdivision 1. [RULE DRAFTING ASSISTANCE PROVIDED.] (a)
The revisor of statutes shall:
(1) maintain an agency rules drafting department to draft
or aid in the drafting of rules or amendments to rules for any
agency in accordance with subdivision 3 and the objective or
other instructions which the agency shall give the revisor; and,
(2) prepare and publish an agency rules drafting guide
which shall set out the form and method for drafting rules and
amendments to rules, and to which all rules shall comply.
(b) The revisor shall assess an agency for the actual cost
of providing aid in drafting rules or amendments to rules. The
agency shall pay the assessment using the procedures of section
71. Each agency shall include in its budget money to pay the
revisor's assessment. Receipts from the assessment must be
deposited in the state treasury and credited to the revisor's
account.
(c) An agency may not contract with an attorney,
consultant, or other person either to provide rule drafting
services to the agency or to advise on drafting unless the
revisor determines that special expertise is required for the
drafting and the expertise is not available from the revisor or
the revisor's staff.
Sec. 80. Minnesota Statutes 1984, section 14.07,
subdivision 2, is amended to read:
Subd. 2. [APPROVAL OF FORM.] No agency decision to adopt a
rule or emergency rule, including a decision to amend or modify
a proposed rule or proposed emergency rule, shall be effective
unless the agency has presented the rule to the revisor of
statutes and the revisor has certified that its form is approved.
The revisor shall assess an agency for the actual cost of
processing rules for consideration for approval of form. The
assessments must include necessary costs to create or modify the
computer data base of the text of a rule and the cost of putting
the rule into the form established by the drafting guide
provided for in subdivision 1. The agency shall pay the
assessments using the procedures of section 3C.056. Each agency
shall include in its budget money to pay revisor's assessments.
Receipts from the assessments must be deposited in the state
treasury and credited to the revisor's account.
Sec. 81. Minnesota Statutes 1984, section 14.08, is
amended to read:
14.08 [REVISOR OF STATUTE'S APPROVAL OF RULE FORM.]
(a) Two copies of a rule adopted pursuant to the provisions
of section 14.26 or 14.32 shall be submitted by the agency to
the attorney general. The attorney general shall send one copy
of the rule to the revisor on the same day as it is submitted by
the agency under section 14.26 or 14.32. Within five days after
receipt of the rule, excluding weekends and holidays, the
revisor shall either return the rule with a certificate of
approval of the form of the rule to the attorney general or
notify the attorney general and the agency that the form of the
rule will not be approved.
If the attorney general disapproves a rule, the agency may
modify it and the agency shall submit two copies of the modified
rule to the attorney general who shall send a copy to the
revisor for approval as to form as described in this paragraph.
(b) One copy of a rule adopted after a public hearing shall
be submitted by the agency to the revisor for approval of the
form of the rule. Within five working days after receipt of the
rule, the revisor shall either return the rule with a
certificate of approval to the agency or notify the agency that
the form of the rule will not be approved.
(c) If the revisor refuses to approve the form of the rule,
the revisor's notice shall indicate the reason for the refusal
and specify the modifications necessary so the form of the rule
will be approved revise the rule so it is in the correct form.
(d) The attorney general and the revisor of statutes shall
assess an agency for the actual cost of processing rules under
this section. The agency shall pay the revisor's assessments
using the procedures of section 71. Each agency shall include
in its budget money to pay the revisor's and the attorney
general's assessments. Receipts from the assessment must be
deposited in the state treasury and credited to the revisor's
account or the general fund as appropriate.
Sec. 82. Minnesota Statutes 1984, section 14.26, is
amended to read:
14.26 [ADOPTION OF PROPOSED RULE; SUBMISSION TO ATTORNEY
GENERAL.]
If no hearing is required, the agency shall submit to the
attorney general the proposed rule and notice as published, the
rule as proposed for adoption, any written comments received by
the agency, and a statement of need and reasonableness for the
rule. The agency shall give notice to all persons who requested
to be informed that these materials have been submitted to the
attorney general. This notice shall be given on the same day
that the record is submitted. If the proposed rule has been
modified, the notice shall state that fact, and shall state that
a free copy of the proposed rule, as modified, is available upon
request from the agency. The rule and these materials shall be
submitted to the attorney general within 180 days of the day
that the comment period for the rule is over or the rule is
automatically withdrawn. The agency shall report its failure to
adopt the rules and the reasons for that failure to the
legislative commission to review administrative rules, other
appropriate legislative committees, and the governor.
Even if the 180-day period expires while the attorney
general reviews the rule, if the attorney general rejects the
rule, the agency may resubmit it after taking corrective
action. The resubmission must occur within 30 days of when the
agency receives written notice of the disapproval. If the rule
is again disapproved, the rule is withdrawn. An agency may
resubmit at any time before the expiration of the 180-day
period. If the agency withholds some of the proposed rule, it
may not adopt the withheld portion without again following the
procedures of sections 14.14 to 14.28, or 14.29 to 14.36.
The attorney general shall approve or disapprove the rule
as to its legality and its form to the extent the form relates
to legality, including the issue of substantial change, and
determine whether the agency has the authority to adopt the rule
and whether the record demonstrates a rational basis for the
need for and reasonableness of the proposed rule within 14
days. If the rule is approved, the attorney general shall
promptly file two copies of it in the office of the secretary of
state. The secretary of state shall forward one copy of each
rule to the revisor of statutes. If the rule is disapproved,
the attorney general shall state in writing the reasons and make
recommendations to overcome the deficiencies, and the rule shall
not be filed in the office of the secretary of state, nor
published until the deficiencies have been overcome. The
attorney general shall send a statement of reasons for
disapproval of the rule to the agency, the chief administrative
law judge, the legislative commission to review administrative
rules, and to the revisor of statutes.
The attorney general shall assess an agency for the actual
cost of processing rules under this section. Each agency shall
include in its budget money to pay the attorney general's
assessment. Receipts from the assessment must be deposited in
the state treasury and credited to the general fund.
Sec. 83. Minnesota Statutes 1984, section 14.32, is
amended to read:
14.32 [SUBMISSION OF PROPOSED EMERGENCY RULE TO ATTORNEY
GENERAL.]
Subdivision 1. [SUBMISSION.] The agency shall submit to
the attorney general the proposed emergency rule as published,
with any modifications. On the same day that it is submitted,
the agency shall mail notice of the submission to all persons
who requested to be informed that the proposed emergency rule
has been submitted to the attorney general. If the proposed
emergency rule has been modified, the notice shall state that
fact, and shall state that a free copy of the proposed emergency
rule, as modified, is available upon request from the agency.
The attorney general shall review the proposed emergency rule as
to its legality, review its form to the extent the form relates
to legality, and shall approve or disapprove the proposed
emergency rule and any modifications on the tenth working day
following the date of receipt of the proposed emergency rule
from the agency. The attorney general shall send a statement of
reasons for disapproval of the rule to the agency, the chief
administrative law judge, the legislative commission to review
administrative rules, and to the revisor of statutes.
Subd. 2. [COSTS.] The attorney general shall assess an
agency for the actual cost of processing rules under this
section. Each agency shall include in its budget money to pay
the attorney general's assessment. Receipts from the assessment
must be deposited in the state treasury and credited to the
general fund.
Sec. 84. Minnesota Statutes 1984, section 14.40, is
amended to read:
14.40 [REVIEW OF RULES BY COMMISSION.]
The commission shall promote adequate and proper rules by
agencies and an understanding upon the part of the public
respecting them. The jurisdiction of the commission includes
all rules as defined in section 14.02, subdivision 4. The
commission also has jurisdiction of rules which are filed with
the secretary of state in accordance with section 14.38,
subdivisions 5, 6, 7, 8, 9, and 11 or were filed with the
secretary of state in accordance with the provisions of section
14.38, subdivisions 5 to 9, which were in effect on the date the
rules were filed. It may hold public hearings to investigate
complaints with respect to rules if it considers the complaints
meritorious and worthy of attention. It If the rules that are
the subject of the public hearing were adopted without a
rulemaking hearing, it may request the office of administrative
hearings to hold the public hearing and prepare a report
summarizing the testimony received at the hearing. The office
of administrative hearings shall assess the costs of the public
hearing to the agency whose rules are the subject of the
hearing. The commission may, on the basis of the testimony
received at the public hearings, suspend any rule complained of
by the affirmative vote of at least six members provided the
provisions of section 14.42 have been met. If any rule is
suspended, the commission shall as soon as possible place before
the legislature, at the next year's session, a bill to repeal
the suspended rule. If the bill is not enacted in that year's
session, the rule is effective upon adjournment of the session
unless the agency has repealed it. If the bill is enacted, the
rule is repealed. The commission shall make a biennial report
to the legislature and governor of its activities and include
its recommendations to promote adequate and proper rules and
public understanding of the rules.
Sec. 85. Minnesota Statutes 1984, section 14.47,
subdivision 8, is amended to read:
Subd. 8. [SALES AND DISTRIBUTION OF COMPILATION.] Any
compilation, reissue, or supplement published by the revisor
shall be sold by the revisor for a reasonable fee and its
proceeds deposited in the general fund revisor's account. An
agency shall purchase from the revisor the number of copies of
the compilation or supplement needed by the agency. The revisor
shall provide one copy of any compilation or supplement to each
county library maintained pursuant to section 134.12 or 375.33
upon its request, except in counties containing cities of the
first class. If a county has not established a county library
pursuant to section 134.12 or 375.33, the copy will be provided
to any public library in the county upon its request.
Sec. 86. Minnesota Statutes 1984, section 14.48, is
amended to read:
14.48 [CREATION OF OFFICE OF ADMINISTRATIVE HEARINGS; CHIEF
ADMINISTRATIVE LAW JUDGE APPOINTED; OTHER ADMINISTRATIVE LAW
JUDGES APPOINTED.]
A state office of administrative hearings is created. The
office shall be under the direction of a chief administrative
law judge who shall be learned in the law and appointed by the
governor, with the advice and consent of the senate, for a term
ending on June 30 of the sixth calendar year after appointment.
Senate confirmation of the chief administrative law judge shall
be as provided by section 15.066. The chief administrative law
judge shall appoint additional administrative law judges and
compensation judges to serve in his office as necessary to
fulfill the duties prescribed in sections 14.48 to 14.56. The
chief administrative law judge may delegate to a subordinate
employee the exercise of a specified statutory power or duty as
deemed advisable, subject to the control of the chief
administrative law judge. Every delegation must be by written
order filed with the secretary of state. All administrative law
judges and compensation judges shall be in the classified
service except that the chief administrative law judge shall be
in the unclassified service, but may be removed from his
position only for cause. All administrative law judges shall
have demonstrated knowledge of administrative procedures and
shall be free of any political or economic association that
would impair their ability to function officially in a fair and
objective manner. All workers' compensation judges shall be
learned in the law, shall have demonstrated knowledge of
workers' compensation laws and shall be free of any political or
economic association that would impair their ability to function
officially in a fair and objective manner.
Sec. 87. Minnesota Statutes 1984, section 14.51, is
amended to read:
14.51 [PROCEDURAL RULES FOR HEARINGS.]
The chief administrative law judge shall adopt rules to
govern the procedural conduct of all hearings, relating to both
rule adoption, amendment, suspension or repeal hearings,
contested case hearings, and workers' compensation hearings, and
to govern the conduct of voluntary mediation sessions for
rulemaking and contested cases other than those within the
jurisdiction of the bureau of mediation services. Temporary
rulemaking authority is granted to the chief administrative law
judge for the purpose of implementing Laws 1981, Chapter 346,
Sections 2 to 6, 103 to 122, 127 to 135, and 141. The
procedural rules for hearings shall be binding upon all agencies
and shall supersede any other agency procedural rules with which
they may be in conflict. The procedural rules for hearings
shall include in addition to normal procedural matters
provisions relating to recessing and reconvening new hearings
when the proposed final rule of an agency is substantially
different from that which was proposed at the public hearing.
The procedural rules shall establish a procedure whereby the
proposed final rule of an agency shall be reviewed by the chief
administrative law judge to determine whether or not a new
hearing is required because of substantial changes or failure of
the agency to meet the requirements of sections 14.13 to 14.18.
Upon his own initiative or upon written request of an interested
party, the chief administrative law judge may issue a subpoena
for the attendance of a witness or the production of books,
papers, records or other documents as are material to the matter
being heard. The subpoenas shall be enforceable through the
district court in the district in which the subpoena is issued.
Sec. 88. Minnesota Statutes 1984, section 14.55, is
amended to read:
14.55 [CONTRACTS WITH POLITICAL SUBDIVISIONS.]
The chief administrative law judge may enter into contracts
with political subdivisions of the state and such political
subdivisions of the state may contract with the chief
administrative law judge for the purpose of providing
administrative law judges and reporters for administrative
proceedings or informal dispute resolution. The contract may
define the scope of the administrative law judge's duties, which
may include the preparation of findings, conclusions, or a
recommendation for action by the political subdivision. For
such services there shall be an assessment in the manner
provided in section 14.53.
Sec. 89. Minnesota Statutes 1984, section 15.0597,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms shall have the meanings given them.
(a) "Agency" means (1) a state board, commission, council,
committee, authority, task force, including an advisory task
force created under section 15.014 or 15.0593, or other similar
multi-member agency created by statute and having statewide
jurisdiction; and (2) the metropolitan council, regional transit
board, metropolitan airports commission, metropolitan parks and
open space commission, metropolitan sports facilities
commission, metropolitan waste control commission, capitol area
architectural and planning board, and any agency with a regional
jurisdiction created in this state pursuant to an interstate
compact.
(b) "Vacancy" or "vacant agency position" means (1) a
vacancy in an existing agency, or (2) a new, unfilled agency
position; provided that "agency" shall not mean (1) a vacant
position on an agency composed exclusively of persons employed
by a political subdivision or another agency, or (2) a vacancy
to be filled by a person required to have a specific title or
position.
(c) "Secretary" means the secretary of state.
Sec. 90. Minnesota Statutes 1984, section 15.50,
subdivision 3, is amended to read:
Subd. 3. [ADMINISTRATIVE AND PLANNING EXPENSES.] With the
exception of the administrative and planning expenses of the
board for federally funded capital expenditures, the board's
administrative and planning expenses shall be borne by the state.
If federal money is available for capital expenditures, the
board's administrative and planning expenses must be reimbursed
to the state upon receipt of that money. The expenses of the
board for competition premiums, land acquisition or improvement
or any other capital expenditures in or upon properties owned or
to be owned by the state shall be borne by the state. The
expenses of any other public body for such expenditures shall be
borne by the body concerned. The city of Saint Paul may expend
moneys currently in the city of Saint Paul Capitol Approach
Improvement Fund established by Laws 1945, Chapter 315, and acts
amendatory thereof for capital improvements contained in the
city's approved capital improvement budget. The budget is to be
adopted in accordance with provisions contained in the city
charter.
Sec. 91. Minnesota Statutes 1984, section 15A.081,
subdivision 1, is amended to read:
Subdivision 1. The governor shall set the salary rate
within the ranges listed below for positions specified in this
subdivision, upon approval of the legislative commission on
employee relations and the legislature as provided by section
43A.18, subdivisions 2 and 5:
Salary Range
Effective
July 1, 1983
Commissioner of education; $57,500-$70,000
Commissioner of finance;
Commissioner of transportation;
Commissioner of 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;
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. 92. Minnesota Statutes 1984, section 15A.081,
subdivision 7, is amended to read:
Subd. 7. The following salaries are provided for officers
of metropolitan agencies:
Effective Effective
July 1 July 1
1983 1984
Chairman, metropolitan
council $47,000 50,000
Chairman, metropolitan
airports commission 14,000 16,000
Chairman, metropolitan
transit commission 42,000 -0-
Chairman, regional
transit board -0- 46,000
Chairman, metropolitan
waste control
commission 18,500 20,000
The governor shall set the salary rate within the range set
forth below for the following part-time position, 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 waste control
commission $15,000-$25,000
Fringe benefits for unclassified employees of the
metropolitan waste control commission shall not exceed those
fringe benefits received by unclassified employees of the
metropolitan council.
Sec. 93. Minnesota Statutes 1984, section 15A.082,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] The compensation council consists
of 16 members: two members of the house of representatives
appointed by the speaker of the house of representatives; two
members of the senate appointed by the majority leader of the
senate; one member of the house of representatives appointed by
the minority leader of the house of representatives; one member
of the senate appointed by the minority leader of the senate;
two nonjudges appointed by the chief justice of the supreme
court; and one member from each congressional district appointed
by the governor, of whom no more than four may belong to the
same political party. Appointments must be made by October 1.
The compensation and removal of members appointed by the
governor or the chief justice shall be as provided in section
15.059, subdivisions 3 and 4. The legislative coordinating
commission shall provide the council with administrative and
support services.
Sec. 94. Minnesota Statutes 1984, section 15A.082,
subdivision 3, is amended to read:
Subd. 3. [SUBMISSION OF RECOMMENDATIONS.] By January 1 in
each odd-numbered year, the compensation council shall submit to
the speaker of the house of representatives and the president of
the senate salary recommendations for constitutional officers,
legislators, justices of the supreme court, and judges of the
court of appeals, district court, county court, and county
municipal court. The recommended salary adjustments must occur
only once, on the effective date of the plan. They may not
include periodic adjustments for each office must be a fixed
amount per year, to take effect on the first Monday in January
of the next odd-numbered year, with no more than one adjustment,
to take effect on January 1 of the year after that. The salary
recommendations for legislators, judges, and constitutional
officers take effect on the first Monday in January of the next
odd-numbered year, if an appropriation of money to pay the
recommended salaries is enacted after the recommendations are
submitted and before their effective date. Recommendations may
be expressly modified or rejected by a bill enacted into law.
The salary recommendations for legislators are subject to
additional terms that may be adopted according to section 3.099,
subdivisions 1 and 3.
Sec. 95. Minnesota Statutes 1984, section 16A.055,
subdivision 1, is amended to read:
Subdivision 1. [LIST.] The commissioner shall:
(1) exercise the rights, powers, and duties of the office
receive and record all money paid into the state treasury and
safely keep it until lawfully paid out;
(2) manage the state's financial affairs;
(3) keep the state's general account books according to
generally accepted government accounting principles;
(4) keep expenditure and revenue accounts according to
generally accepted government accounting principles;
(5) develop, provide instructions for, prescribe, and
manage a state uniform accounting system; and
(6) provide to the state the expertise to ensure that all
state funds are accounted for under generally accepted
government accounting principles.
Sec. 96. Minnesota Statutes 1984, section 16A.123,
subdivision 3, is amended to read:
Subd. 3. [EXCLUSIONS.] The following kinds of employees
need not be counted in an agency's approved complement:
(1) part-time employees;
(2) seasonal or intermittent employees as defined by the
commissioner of employee relations;
(3) summer student employees;
(4) service employees;
(5) preservice trainees in an affirmative action program
approved by the commissioner of employee relations;
(6) CETA employees;
(7) repair or construction project employees;
(8) employees in the department of military affairs paid
entirely by federal money.
The commissioner must conclude there is a need and
available money before an agency hires an employee of a kind
listed in this subdivision.
Sec. 97. Minnesota Statutes 1984, section 16A.127,
subdivision 1, is amended to read:
Subdivision 1. [STATEWIDE AND AGENCY INDIRECT COSTS.] (a)
As used in this section and in section 16A.128, "statewide
indirect costs" means all operating costs incurred by the
treasurer and all agencies attributable to providing services to
any other agency except as prohibited by federal law. These
operating costs include their proportionate share of costs
incurred by the legislative and judicial branches.
(b) As used in this section, "agency indirect costs" means
all general support costs within the agency that are not
directly charged to agency programs.
Sec. 98. Minnesota Statutes 1984, section 16A.127,
subdivision 3, is amended to read:
Subd. 3. [TRANSFER REIMBURSEMENT.] Under the plan, the
commissioner shall make and record the transfer reimbursement to
the general fund of the statewide indirect costs attributable to
an executive agency's nongeneral fund receipts for the last
fiscal year. Unless the commissioner determines that agency
indirect cost receipts are a reimbursement for general fund
expenditures, the receipts are appropriated to the agency to pay
administrative expenses. However, the commissioner may, for
reasons of sound financial management, waive the transfer to the
general fund of the indirect costs reimbursement under this
subdivision for certain nongeneral fund receipts. The
commissioner shall report a waiver all waivers in the next
statewide indirect cost plan.
Sec. 99. Minnesota Statutes 1984, section 16A.127,
subdivision 5, is amended to read:
Subd. 5. [FEDERAL SHARE.] The commissioner executive
agency shall transfer reimburse the general fund for federal
money received by an executive agency for statewide indirect
costs to the general fund. Unless the commissioner determines
that agency indirect cost receipts are a reimbursement for
general fund expenditures, the receipts are appropriated to the
agency to pay administrative expenses. If less than the entire
executive agency proposal is federally approved, the
commissioner may transfer accept reimbursement of less than all
of the federal receipts. If no federal funds are approved for
indirect costs, the executive agency must document that fact to
the commissioner.
Sec. 100. Minnesota Statutes 1984, section 16A.127, is
amended by adding a subdivision to read:
Subd. 8. [EXEMPTION.] This section does not apply to the
community college system, state universities, or the state board
of vocational technical education.
Sec. 101. Minnesota Statutes 1984, section 16A.128, is
amended to read:
16A.128 [FEE ADJUSTMENTS SETTING.]
Subdivision 1. [APPROVAL.] Fixed Fees for accounts for
which appropriations are made may not be established or adjusted
without the approval of the commissioner. If the fee or fee
adjustment is required by law to be fixed by rule, the
commissioner's approval must be in the statement of need and
reasonableness. These fees must be reviewed each six months
fiscal year. Except as determined by the commissioner, Unless
the commissioner determines that the fee must be lower, fees
must be set or fee adjustments must be made so the total fees
nearly equal the sum of the appropriation for the accounts plus
the agency's general support costs and, statewide indirect costs
, and attorney general costs attributable to the fee function.
Subd. 2. [NO RULEMAKING.] The kinds of fees that need not
be fixed by rule unless specifically required by law are:
(1) fees based on actual direct costs of a service;
(2) one-time fees;
(3) fees that produce insignificant revenues;
(4) fees billed within or between state agencies; or
(5) fees exempt from commissioner approval.
Subd. 2a. [PROCEDURE.] Other fees not fixed by law must be
fixed by rule. The procedure for noncontroversial rules in
sections 14.21 to 14.28 may be used except that no public
hearing may need be held unless 20 percent of the persons who
will be required to pay the fee submit to the agency during the
30-day period allowed for comment a written request for a public
hearing on the proposed rule. The notice of intention to adopt
the rules must state that no whether a hearing will be held if
not required. This procedure may be used only when the total
fees estimated for the biennium do not exceed the sum of direct
appropriations, indirect costs, transfers in, and salary
supplements for that purpose. A public hearing is required for
adjustments of to fix fees spent under open appropriations of
dedicated receipts.
Sec. 102. Minnesota Statutes 1984, section 16A.1281, is
amended to read:
16A.1281 [REPORT ON LOW OR HIGH FEES.]
In even-numbered years, Each biennium the commissioner
shall review fees collected by agencies. By November 15, The
commissioner shall report on the fees to the appropriation and
finance committees not later than the date the governor submits
the biennial budget to the legislature. The report must analyze
the fees that the commissioner believes are will be too low or
too high in the next biennium for the service provided. The
analysis must take into account the cost of collecting the fee.
Sec. 103. Minnesota Statutes 1984, section 16A.275, is
amended to read:
16A.275 [DAILY RECEIPTS DEPOSITED WITH STATE TREASURER.]
Except as otherwise provided by law, an agency shall
deposit receipts totaling $250 or more with the treasurer in the
state treasury daily. The depositing agency shall send a report
to the commissioner on the disposition of receipts since the
last report. The treasurer and the commissioner shall credit
the deposits received during a month to the proper funds not
later than the first day of the next month.
Sec. 104. [16A.283] [APPROPRIATIONS TO COURTS.]
If an appropriation for the courts or for an agency in the
judicial branch for either fiscal year of a biennium is
insufficient, the appropriation for the other fiscal year of the
biennium is available for it.
Sec. 105. Minnesota Statutes 1984, section 16A.40, is
amended to read:
16A.40 [WARRANTS PRINTED, REGISTERED IN NUMERICAL ORDER.]
Money must not be paid out of the state treasury except
upon the warrant of the commissioner. Warrants must be drawn on
printed blanks that are in numerical order. The commissioner
shall enter, in numerical order in a warrant register, the
number, amount, date, and payee for every warrant issued.
Sec. 106. Minnesota Statutes 1984, section 16A.42,
subdivision 2, is amended to read:
Subd. 2. [APPROVAL.] If the claim is approved, the
commissioner shall complete and sign a warrant in the amount of
the claim. The treasurer shall then accept and make the warrant
negotiable by signing it.
Sec. 107. Minnesota Statutes 1984, section 16A.45,
subdivision 2, is amended to read:
Subd. 2. [PRESENTMENT OF CANCELED WARRANT.] When a
canceled warrant is presented for payment it shall be paid by
the treasurer and charged by the commissioner to the fund
credited with the amount of the canceled warrant.
Sec. 108. Minnesota Statutes 1984, section 16A.47, is
amended to read:
16A.47 [COMMISSIONER'S DUTIES WITH ACCOUNTS AND DOCUMENTS.]
The commissioner shall make and keep in the department's
office a record of all accounts and documents required by law to
be returned to or filed with the commissioner. The commissioner
shall file and keep all official receipts and vouchers. The
commissioner shall keep an account with the treasurer. The
commissioner shall charge the treasurer for all money paid into
the treasury and credit the treasurer for all warrants redeemed
by the treasurer and returned to the commissioner. The
commissioner shall also keep an account for each appropriation,
showing the disbursements. The commissioner shall keep other
accounts needed to show the daily condition of state finances.
Sec. 109. Minnesota Statutes 1984, section 16A.58, is
amended to read:
16A.58 [COMMISSIONER CUSTODIAN OF PAYMENT DOCUMENTS.]
The commissioner is the custodian of original documents on
which money has been or may be paid by the treasurer out of the
state treasury.
Sec. 110. [16A.625] [SPECIAL REVENUE BALANCE CANCELED.]
The unencumbered balance of nondedicated revenue in the
special revenue fund on June 30 each year must be canceled and
transferred to the general fund.
Sec. 111. Minnesota Statutes 1984, section 16A.641,
subdivision 10, is amended to read:
Subd. 10. [APPROPRIATION FROM GENERAL FUND.] There is
annually appropriated to the state bond fund from the general
fund the amount that, added to the amount in the state bond fund
on November 1 each year for state bonds issued by January 1,
1985, and the amount that added to the amount in the state bond
fund on December 1 each year for state bonds issued after
January 1, 1985, is needed to pay the principal of and interest
on all state bonds due and to become due through July 1 in the
second ensuing year. The money appropriated must be available
in the state bond fund each year before the tax otherwise
required by the Constitution, article XI, section 7, is levied.
Sec. 112. Minnesota Statutes 1984, section 16A.641, is
amended by adding a subdivision to read:
Subd. 13. [APPLICATION.] This section applies to all state
bonds issued after January 1, 1985, notwithstanding other laws
relating to specific bonding programs.
Sec. 113. Minnesota Statutes 1984, section 16A.672,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] The commissioner and treasurer
may issue, execute, deliver, register, and pay bonds and
certificates of indebtedness in the form and manner provided in
this section, when authorized under section 16A.641 or 16A.671.
Sec. 114. Minnesota Statutes 1984, section 16A.672,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION OF COMMERCIAL CODE.] All bonds and
certificates are securities under sections 336.8-101 to
336.8-408. The commissioner and treasurer may do for the state
whatever may or must be done under those sections to comply with
the orders authorizing them. The bonds or certificates may be
issued:
(1) in one or more denominations;
(2) in bearer form, with interest coupons attached; and
(3) with provision for registration as to principal only;
or
(4) in fully registered form; and
(5) with provision for registration of conversion and
exchange of forms and denominations, transfer of ownership, and
replacement of lost or damaged bonds.
Sec. 115. Minnesota Statutes 1984, section 16A.672,
subdivision 3, is amended to read:
Subd. 3. [PREPARATION AND EXECUTION.] (a) Bonds and
certificates of indebtedness may be printed or otherwise
reproduced in the style and form the commissioner prescribes.
They may state in a general way the purpose for which they are
issued and the security provided for their payment or may
incorporate the authorizing order by reference.
(b) They must be executed by the commissioner and the
treasurer under their the commissioner's official seals seal.
The signatures and seals signature may be a reproduced
facsimiles facsimile, but no bond or certificate is valid for
any purpose unless it is manually signed on its face by the
commissioner or treasurer or by a duly authorized representative
of a bank or trust company named by the commissioner as an agent
of the state to authenticate it.
Sec. 116. [16A.85] [MASTER LEASE.]
Subdivision 1. [AUTHORIZATION.] The commissioner of
administration may determine, in conjunction with the
commissioner of finance, the personal property needs of the
various state departments, agencies, boards, and commissions
that may be economically funded through a master lease program
and request the commissioner of finance to execute a master
lease and to authorize the sale and issuance of certificates of
participation relative to it in an amount sufficient to fund
these personal property needs. The commissioner of
administration may use the proceeds from the sale of the
certificates of participation to acquire the personal property
through the appropriate procurement procedure in chapter 16B.
Money appropriated for the lease or acquisition of this personal
property is appropriated to the commissioner of finance to pay
principal and interest coming due on the certificates of
participation.
Subd. 2. [COVENANTS.] The commissioner of finance may
covenant in a master lease that the state will abide by the
terms and provisions that are customary in net lease or
lease-purchase transactions including, but not limited to,
covenants providing that the state:
(1) will maintain rental interruption, liability, and
casualty insurance notwithstanding section 15.38;
(2) is responsible to the lessor for any public liability
or property damage claims or costs related to the selection,
use, or maintenance of the leased equipment, to the extent of
insurance or self-insurance maintained by the lessee, and for
costs and expenses incurred by the lessor as a result of any
default by the lessee;
(3) authorizes the lessor to exercise the rights of a
secured party with respect to the equipment subject to the lease
in the event of default by the lessee and, in addition, for the
present recovery of lease rentals due during the current term of
the lease as liquidated damages.
Subd. 3. [MASTER LEASES NOT DEBT.] The commissioner of
finance may not enter into a master lease unless the
commissioner of finance determines that money has been
appropriated and allotted for the payment of the maximum amount
of rentals that are payable from state money and that are due or
to become due during the appropriation period in which the lease
contract is entered into. A master lease does not constitute or
create a general or moral obligation or indebtedness of the
state in excess of the money from time to time appropriated or
otherwise available for the payment of rent coming due under the
lease, and the state has no continuing obligation to appropriate
money for the payment of rent or other obligations under the
lease. Rent due under a master lease during a current lease
term for which money has been appropriated is a current expense
of the state.
Subd. 4. [TAX EXEMPTION.] Property subject to a master
lease is not subject to personal property taxes. Property
purchased by a lessor for lease to the state under a valid
master lease and rent due under the lease are not subject to
sales tax.
Subd. 5. [INVESTMENT INCOME.] The net income from
investment of the proceeds of the certificates of participation,
as estimated by the commissioner of finance, must be credited to
the fund whose assets will be used to pay off the certificates
of participation.
Sec. 117. Minnesota Statutes 1984, section 16B.08,
subdivision 7, is amended to read:
Subd. 7. [SPECIFIC PURCHASES.] (a) The following may be
purchased without regard to the competitive bidding requirements
of this chapter:
(1) fiber used in the manufacture of binder twine, ply
twines, and rope at the state correctional facilities;
(2) merchandise for resale at state park refectories or
facility operations;
(3) farm and garden products, which may be sold at the
prevailing market price on the date of the sale;
(4) meat for other state institutions from the vocational
school maintained at Pipestone by Independent School District
No. 583; and
(5) furniture from the Minnesota correctional facility-St.
Cloud.
(b) Supplies, materials, or equipment to be used in the
operation of a hospital licensed under sections 144.50 to 144.56
that are purchased under a shared service purchasing arrangement
whereby more than one hospital purchases supplies, materials, or
equipment with one or more other hospitals, either through one
of the hospitals or through another entity, may be purchased
without regard to the competitive bidding requirements of this
chapter if the following conditions are met:
(1) the hospital's governing authority authorizes the
arrangement;
(2) the shared services purchasing program purchases items
available from more than one source on the basis of competitive
bids or competitive quotations of prices; and
(3) the arrangement authorizes the hospital's governing
authority or its representatives to review the purchasing
procedures to determine compliance with these requirements.
Sec. 118. Minnesota Statutes 1984, section 16B.09, is
amended by adding a subdivision to read:
Subd. 5. [COOPERATIVE AGREEMENTS.] The commissioner may
charge a fee to cover the commissioner's administrative expenses
to government units that have joint or cooperative purchasing
agreements with the state under section 471.59.
Sec. 119. Minnesota Statutes 1984, section 16B.21,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER OF ADMINISTRATION.] The
commissioner shall submit an annual report pursuant to section
3.195 to the governor and the legislature with a copy to the
commissioner of energy and economic development indicating the
progress being made toward the objectives and goals of sections
16B.19 to 16B.22 during the preceding fiscal year. The
commissioner shall also submit a quarterly report to the small
business procurement advisory council. These reports shall
include the following information:
(1) the total dollar value and number of potential
set-aside awards identified during this period and the
percentage of total state procurement this figure reflects;
(2) the number of small businesses identified by and
responding to the set-aside program, the total dollar value and
number of set-aside contracts actually awarded to small
businesses with appropriate designation as to the total number
and value of set-aside contracts awarded to each small business,
and the total number of small businesses that were awarded
set-aside contracts;
(3) the total dollar value and number of set-aside
contracts awarded to small businesses owned and operated by
economically or socially disadvantaged persons with appropriate
designation as to the total number and value of set-aside
contracts awarded to each small business and to each category of
economically or socially disadvantaged persons as defined by
section 645.445 and agency rules, and the percentages of the
total state procurements the figures of total dollar value and
the number of set-asides reflect; and
(4) for each set-aside or preference contract awarded to a
small business, the estimated additional cost to the state of
awarding the contract; and
(5) the number of contracts which were designated and set
aside pursuant to section 16B.19 but which were not awarded to a
small business, the estimated total dollar value of these
awards, the lowest offer or bid on each of these awards made by
the small business, and the price at which these contracts were
awarded pursuant to the normal procurement procedures.
The information required by paragraphs (1) and (2) must be
presented on a statewide basis and also broken down by
geographic regions within the state.
Sec. 120. Minnesota Statutes 1984, section 16B.22, as
amended by Laws 1985, chapter 296, section 7, is amended to read:
16B.22 [ELIGIBILITY; RULES.]
Subdivision 1. [ELIGIBILITY.] A small business owned and
operated by socially or economically disadvantaged persons is
eligible to participate under the requirements of sections
16B.19 to 16B.22 for a maximum of five years from the date of
receipt of the first set-aside award and after that period is
not eligible to participate for another five years. A small
business that received its first set-aside award more than five
years before the effective date of this subdivision is not
eligible to participate for five years after the effective date
of this subdivision. The five-year maximum does not apply to
sheltered workshops and work activity programs.
Subd. 2. [RULES.] (a) The commissioner shall adopt by rule
additional standards and procedures for certifying that small
businesses and small businesses owned and operated by socially
or economically disadvantaged persons are eligible to
participate under the requirements of sections 16B.19 to
16B.22. The rules shall provide that, except for sheltered
workshops and work activity programs, certification as a small
business owned and operated by socially or economically
disadvantaged persons will be for a maximum of five years from
the date of receipt of the first set-aside award, and that after
the expiration of the certification period the business may not
again be certified for a five-year period. The commissioner
shall adopt by rule standards and procedures for hearing appeals
and grievances and other rules necessary to carry out the duties
set forth in sections 16B.19 to 16B.22.
(b) The commissioner may make rules which exclude or limit
the participation of nonmanufacturing business, including
third-party lessors, jobbers, manufacturers' representatives,
and others from eligibility under sections 16B.19 to 16B.22.
Sec. 121. Minnesota Statutes 1984, section 16B.24,
subdivision 5, is amended to read:
Subd. 5. [RENTING OUT STATE PROPERTY.] (a) [AUTHORITY.]
The commissioner may rent out state property, real or personal,
that is not needed for public use, if the rental is not
otherwise provided for or prohibited by law. The property may
not be rented out for more than two years at a time without the
approval of the state executive council, and may never be rented
out for more than 25 years.
(b) [RESTRICTIONS.] Paragraph (a) does not apply to state
trust fund lands, other state lands under the jurisdiction of
the department of natural resources, lands forfeited for
delinquent taxes, lands acquired under section 298.22, or lands
acquired under section 41.56 which are under the jurisdiction of
the department of agriculture.
(c) [FORT SNELLING CHAPEL; RENTAL.] The Fort Snelling
Chapel, located within the boundaries of Fort Snelling State
Park, is available for use only on payment of a rental fee. The
commissioner shall establish rental fees for both public and
private use. The rental fee for private use by an organization
or individual must reflect the reasonable value of equivalent
rental space. Rental fees collected under this section must be
deposited in the general fund.
(d) [RENTAL OF LIVING ACCOMMODATIONS.] The commissioner
shall establish rental rates for all living accommodations
provided by the state for its employees. Money collected as
rent by state agencies pursuant to this paragraph must be
deposited in the state treasury and credited to the general fund.
(e) [LEASE OF SPACE IN CERTAIN STATE BUILDINGS TO STATE
AGENCIES.] The commissioner may lease portions of the state
owned buildings in the capitol complex, the capitol square
building, the health building, and the building at 1246
University Avenue, St. Paul, Minnesota, to state agencies and
charge rent on the basis of space occupied. Notwithstanding any
law to the contrary, all money collected as rent pursuant to the
terms of this section shall be deposited in the state treasury.
Money collected as rent to recover the depreciation cost of a
building built with state dedicated funds shall be credited to
the dedicated fund which funded the original acquisition or
construction. All other money received shall be credited to the
general services revolving fund.
Sec. 122. Minnesota Statutes 1984, section 16B.29, is
amended to read:
16B.29 [STATE SURPLUS PROPERTY; DISPOSAL.]
The commissioner may do any of the following to dispose of
supplies, materials, and equipment which are surplus, obsolete,
or unused: (1) transfer it to or between state agencies; (2)
transfer it to local government units in Minnesota and charge a
fee to cover expenses incurred by the commissioner in making the
property available to these units; or (3) sell it. The
commissioner must make proper adjustments in the accounts and
appropriations of the agencies concerned. When the commissioner
sells the supplies, materials and equipment, the proceeds of the
sale are appropriated to the agency for whose account the sale
was made, to be used and expended by the agency to purchase
similar needed supplies, materials and equipment at any time
during the biennium in which the sale occurred.
Sec. 123. Minnesota Statutes 1984, section 16B.36,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] The commissioner may examine,
investigate, or make a survey of the organization,
administration, and management of state agencies and
institutions under their control, and may assist state agencies
by providing analytical, statistical, and organizational
development services to them in order to secure greater
efficiency and economy through reorganization or consolidation
of agencies or functions and to eliminate duplication of
function, effort, or activity, so far as possible.
Sec. 124. Minnesota Statutes 1984, section 16B.42,
subdivision 4, is amended to read:
Subd. 4. [FUNDING.] Appropriations and other funds made
available to the council for staff, operational expenses, and
grants must be administered through the department of
administration. Revenues derived from royalties,
reimbursements, or other fees from software programs, systems,
or technical services arising out of activities funded by
current or prior state appropriations is must be credited to an
account in the special revenue fund and are appropriated to the
council for the purposes enumerated in subdivision 2. The
unencumbered balance of an appropriation for grants in the first
year of a biennium does not cancel but is available for the
second year of the biennium.
Sec. 125. Minnesota Statutes 1984, section 16B.48,
subdivision 2, is amended to read:
Subd. 2. [PURPOSE OF FUNDS.] Money in the state treasury
credited to the general services revolving fund and money which
is deposited in the fund is appropriated annually to the
commissioner for the following purposes:
(1) to operate a central store and equipment service;
(2) to operate a central duplication and printing service;
(3) to purchase postage and related items and to refund
postage deposits as necessary to operate the central mailing
service;
(4) to operate a documents service as prescribed by section
16B.51; and
(5) to provide services for the maintenance, operation, and
upkeep of buildings and grounds managed by the commissioner of
administration;
(6) to provide analytical, statistical, and organizational
development services to state agencies;
(7) to provide capitol security services through the
department of public safety; and
(8) to perform services for any other agency. Money shall
be expended for this purpose only when directed by the
governor. The agency receiving the services shall reimburse the
fund for their cost, and the commissioner shall make the
appropriate transfers when requested. The term "services" as
used in this clause means compensation paid officers and
employees of the state government; supplies, materials,
equipment, and other articles and things used by or furnished to
an agency; and utility services, and other services for the
maintenance, operation, and upkeep of buildings and offices of
the state government.
Sec. 126. Minnesota Statutes 1984, section 16B.54,
subdivision 2, is amended to read:
Subd. 2. [VEHICLES.] (a) [ACQUISITION FROM AGENCY;
APPROPRIATION.] The commissioner may direct an agency to
transfer to him a passenger motor vehicle or truck presently
assigned to it for the central motor pool. The commissioner
shall reimburse an agency whose motor vehicles have been paid
for with funds dedicated by the constitution for a special
purpose and which are assigned to the central motor pool. The
amount of reimbursement for a motor vehicle is its average
wholesale price as determined from the midwest edition of the
national automobile dealers association official used car guide.
(b) [PURCHASE.] To the extent that funds are available for
the purpose, the commissioner may purchase or otherwise acquire
additional passenger motor vehicles and trucks necessary for the
central motor pool. The title to all motor vehicles assigned to
or purchased or acquired for the central motor pool is in the
name of the department of administration.
(c) [TRANSFER AT AGENCY REQUEST.] On the request of an
agency, the commissioner may transfer to the central motor pool
any passenger motor vehicle or truck for the purpose of
disposing of it. The department or agency transferring the
vehicle or truck shall be paid for it from the motor pool
revolving account established by this section in an amount equal
to two-thirds of the average wholesale price of the vehicle or
truck as determined from the midwest edition of the National
Automobile Dealers Association official used car guide.
(d) [VEHICLES; MARKING.] The commissioner shall provide for
the uniform marking of all motor vehicles. Motor vehicle colors
must be selected from the regular color chart provided by the
manufacturer each year. The commissioner may further provide by
rule for the use of motor vehicles without uniform coloring or
marking by the governor, the lieutenant governor, the division
of criminal apprehension, arson investigators of the division of
fire marshal in the department of public safety, financial
institutions division of the department of commerce, and the
office of the attorney general.
Sec. 127. Minnesota Statutes 1984, section 16B.70, is
amended to read:
16B.70 [SURCHARGE.]
Subdivision 1. [COMPUTATION.] To defray the costs of
administering sections 16B.59 to 16B.73, a surcharge is imposed
on all permits issued by municipalities in connection with the
construction of or addition or alteration to buildings and
equipment or appurtenances after June 30, 1971, as follows:
If the fee for the permit issued is fixed in amount the
surcharge is equivalent to 1/2 mill (.0005) of the fee or 50
cents, whichever amount is greater. For all other permits, the
surcharge is as follows: (a) if the valuation of the structure,
addition, or alteration is $1,000,000 or less, the surcharge is
equivalent to 1/2 mill (.0005) of the valuation of the
structure, addition, or alteration; (b) if the valuation is
greater than $1,000,000, the surcharge is $500 plus two-fifths
mill (.0004) of the value between $1,000,000 and $2,000,000; (c)
if the valuation is greater than $2,000,000 the surcharge is
$900 plus three-tenths mill (.0003) of the value between
$2,000,000 and $3,000,000; (d) if the valuation is greater than
$3,000,000 the surcharge is $1,200 plus one-fifth mill (.0002)
of the value between $3,000,000 and $4,000,000; (e) if the
valuation is greater than $4,000,000 the surcharge is $1,400
plus one-tenth mill (.0001) of the value between $4,000,000 and
$5,000,000; and (f) if the valuation exceeds $5,000,000 the
surcharge is $1,500 plus one-twentieth mill (.00005) of the
value which exceeds $5,000,000.
By September 1 of each odd-numbered year, the commissioner
shall rebate to municipalities any money received under this
section and section 16B.62 in the previous biennium in excess of
the cost to the building code division and the passenger
elevator inspector in the department of labor and industry in
that biennium of carrying out their duties under sections 16B.59
to 16B.73. The rebate to each municipality must be in
proportion to the amount of the surcharges collected by that
municipality and remitted to the state. The amount necessary to
meet the commissioner's rebate obligations under this
subdivision is appropriated to the commissioner from the general
special revenue fund.
Subd. 2. [COLLECTION AND REPORTS.] All permit surcharges
must be collected by each municipality and a portion of them
remitted to the state. Each municipality having a population
greater than 20,000 people shall prepare and submit to the
commissioner once a month a report of fees and surcharges on
fees collected during the previous month, but shall retain two
percent of the surcharges collected to apply against the
administrative expenses the municipality incurs in collecting
the surcharges. All other municipalities shall submit the
report and surcharges on fees once a quarter, but shall retain
four percent of the surcharges collected to apply against the
administrative expenses the municipalities incur in collecting
the surcharges. The report, which must be in a form prescribed
by the commissioner, must be submitted together with a
remittance covering the surcharges collected by the 15th day
following the month or quarter in which the surcharges are
collected. All surcharges and other fees prescribed by sections
16B.59 to 16B.71, which are payable to the state, must be paid
to the commissioner who shall deposit them in the state treasury
for credit to the general special revenue fund.
Sec. 128. Minnesota Statutes 1984, section 40A.01,
subdivision 1, is amended to read:
Subdivision 1. [GOALS.] The goals of this chapter are to:
(1) preserve and conserve agricultural land, including
forest land, for long-term agricultural use in order to protect
the productive natural resources of the state, maintain the farm
and farm-related economy of the state, and assure continued
production of food and timber and other agricultural products
uses;
(2) preserve and conserve soil and water resources; and
(3) encourage the orderly development of rural and urban
land uses.
Sec. 129. Minnesota Statutes 1984, section 40A.02,
subdivision 3, is amended to read:
Subd. 3. [AGRICULTURAL USE.] "Agricultural use" means the
production of livestock, dairy animals, dairy products, poultry
or poultry products, fur bearing animals, horticultural or
nursery stock, fruit, vegetables, forage, grains, timber, trees,
or bees and apiary products. "Agricultural use" also includes
wetlands, pasture, forest land, wildlife land, and other uses
that depend on the inherent productivity of the land.
Sec. 130. Minnesota Statutes 1984, section 40A.02,
subdivision 11, is amended to read:
Subd. 11. [FOREST LAND.] "Forest land" has the meaning
given in section 88.01, subdivision 7 means land that is at
least ten percent stocked by trees of any size and capable of
producing timber, or of exerting an influence on the climate or
on the water regime; land that the trees described above have
been removed from to less than ten percent stocking and that has
not been developed for other use; and afforested areas.
Sec. 131. Minnesota Statutes 1984, section 40A.02,
subdivision 15, is amended to read:
Subd. 15. [OFFICIAL CONTROLS.] "Official controls" or
"controls" has the meaning given in section 462.352 394.22,
subdivision 15 6.
Sec. 132. Minnesota Statutes 1984, section 40A.03,
subdivision 2, is amended to read:
Subd. 2. [PLANS AND OFFICIAL CONTROLS.] By January July 1,
1987, each pilot county selected under subdivision 1 shall
submit to the commissioner and to the regional development
commission in which it is located, if one exists, a proposed
agricultural land preservation plan and proposed official
controls implementing the plan. The commissioner, in
consultation with the regional development commission, shall
review the plan and controls for consistency with the elements
in this chapter and shall submit written comments to the county
within 90 days of receipt of the proposal. The comments must
include a determination of whether the plan and controls are
consistent with the elements in this chapter. The commissioner
shall notify the county of its determination. If the
commissioner determines that the plan and controls are
consistent, the county shall adopt the controls within 60 days
of completion of the commissioner's review.
Sec. 133. Minnesota Statutes 1984, section 40A.04, is
amended to read:
40A.04 [STATEWIDE AGRICULTURAL LAND PRESERVATION.]
Subdivision 1. [COUNTIES.] Each county with a completed
county soil survey, except for counties in After January 1,
1987, a county located outside of the metropolitan area, may
submit to the commissioner and to the regional development
commission in which it is located, if one exists, a proposed
agricultural land preservation plan and proposed official
controls implementing the plan. The remaining counties located
outside of the metropolitan area may submit a proposed plan and
proposed controls. To the extent practicable, submission of the
proposal must coincide with the completion of the county soil
survey. The commissioner, in consultation with the regional
development commission, shall review the plan and controls for
consistency with the elements in this chapter and shall submit
written comments to the county within 90 days of receipt of the
proposal. The comments must include a determination of whether
the plan and controls are consistent with the elements in this
chapter. The commissioner shall notify the county of its
determination. If the commissioner determines that the plan and
controls are consistent, the county shall adopt the controls
within 60 days of completion of the commissioner's review. If
the commissioner determines that the plan and controls are not
consistent, the comments must include the additional elements
that must be addressed by the county. The county shall amend
its plan and controls to include the additional elements and
adopt the amended controls within 90 days of completion of the
commissioner's review.
Subd. 2. [NONMETROPOLITAN CITY.] A city that is located
partially within a county in the metropolitan area but is not
included in the definition of the metropolitan area may elect to
be governed by this section. The city may:
(1) request the county outside of the metropolitan area
where it is partially located to include the city in the
agricultural land preservation plan and official controls of the
county, using the joint planning board process under section
462.3585 394.32; or
(2) perform the duties of a county independently under this
section.
If the city does not elect to be governed by this section,
the city shall may perform the duties of an authority under
chapter 473H.
Sec. 134. Minnesota Statutes 1984, section 40A.05,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The plans and official controls
prepared under this chapter must be adopted in accordance with
the provisions of chapters 394 or 462 that apply to
comprehensive plans and official controls and must address the
elements contained in this section.
Sec. 135. Minnesota Statutes 1984, section 40A.05,
subdivision 2, is amended to read:
Subd. 2. [PLAN.] A plan must address at least the
following elements:
(1) integration with comprehensive county and municipal
plans;
(2) relationship with shoreland, surface water, and other
land use management plans;
(3) identification of land currently in agricultural use,
including the type of agricultural use, the relative productive
value of the land based on the crop equivalent rating, and the
existing level of investment in buildings and equipment;
(4) identification of forest land;
(3) (5) identification of areas in which development is
occurring or is likely to occur during the next 20 years;
(4) (6) identification of existing and proposed public
sanitary sewer and water systems;
(5) (7) classification of land suitable for long-term
agricultural use and its current and future development;
(6) (8) determination of present and future housing needs
representing a variety of price and rental levels and an
identification of areas adequate to meet the demonstrated or
projected needs; and
(7) (9) a general statement of policy as to how the county
will achieve the goals of this chapter.
Sec. 136. Minnesota Statutes 1984, section 40A.06, is
amended to read:
40A.06 [CONTESTED CASE HEARINGS; JUDICIAL REVIEW.]
If a county or a municipality in the county disputes the
determination of the commissioner relating to whether the plan
and controls address the elements under this chapter, the county
or municipality may request that the commissioner initiate a
contested case proceeding under chapter 14 within 30 days after
receiving the determination. In addition, ten or more eligible
voters of the county who own real estate within the county may
request a contested case proceeding. The commissioner shall
initiate the proceeding within 30 days after receiving the
request. Judicial review of the contested case decision is as
provided in chapter 14.
Sec. 137. Minnesota Statutes 1984, section 40A.07,
subdivision 2, is amended to read:
Subd. 2. [RELATIONSHIP TO OTHER LAWS.] Nothing in this
chapter limits a municipality's power to plan or zone adopt
official controls under other laws or to adopt official controls
that are consistent with or more restrictive than those enacted
by the county.
Sec. 138. Minnesota Statutes 1984, section 40A.07, is
amended by adding a subdivision to read:
Subd. 3. [CONSISTENCY OF MUNICIPAL PLANS AND CONTROLS WITH
COUNTY PLAN.] Municipalities shall revise existing plans and
official controls to conform with the county approved
agricultural land preservation plan and official controls and
shall initiate implementation of the revised plans and controls
within one year after receiving the county approved agricultural
land preservation plan and controls.
Sec. 139. [40A.071] [AMENDED PLAN AND CONTROLS.]
A county or municipality that has adopted a plan and
official controls under this chapter may amend the plan and
controls under the initial review procedure contained in section
40A.04.
Sec. 140. [40A.121] [ANNEXATION PROCEEDINGS.]
Subdivision 1. [ANNEXATION PROHIBITED.] Land within an
exclusive agricultural use zone that is within a township may
not be annexed to a municipality under chapter 414, unless the
Minnesota municipal board finds that either:
(1) the owner or the county has initiated termination of
the zone under section 40A.11;
(2) because of size, tax base, population or other relevant
factors, the township would not be able to provide normal
governmental functions and services; or
(3) the zone would be completely surrounded by lands within
a municipality.
Subd. 2. [EXCEPTION.] This section does not apply to
annexation agreements approved by the Minnesota municipal board
prior to creation of the zone.
Sec. 141. [40A.122] [EMINENT DOMAIN ACTIONS.]
Subdivision 1. [APPLICABILITY.] An agency of the state, a
public benefit corporation, a local government, or any other
entity with the power of eminent domain under chapter 117,
except a public utility as defined in section 216B.02, a
municipal electric or gas utility, a municipal power agency, a
cooperative electric association organized under chapter 308, or
a pipeline operating under the authority of the Natural Gas Act,
United States Code, title 15, sections 717 to 717z, shall follow
the procedures in this section before:
(1) acquiring land or an easement in land with a total area
over ten acres within an exclusive agricultural use zone; or
(2) advancing a grant, loan, interest subsidy, or other
funds for the construction of dwellings, commercial or
industrial facilities, or water or sewer facilities that could
be used to serve structures in areas that are not for
agricultural use, that require an acquisition of land or an
easement in an exclusive agricultural zone.
Subd. 2. [NOTICE OF INTENT.] At least 60 days before an
action described in subdivision 1, notice of intent must be
filed with the environmental quality board containing
information and in the manner and form required by the
environmental quality board. The notice of intent must contain
a report justifying the proposed action, including an evaluation
of alternatives that would not affect land within an exclusive
agricultural use zone.
Subd. 3. [REVIEW AND ORDER.] The environmental quality
board, in consultation with affected local governments, shall
review the proposed action to determine its effect on the
preservation and enhancement of agriculture and agricultural
uses within the zone and the relationship to local and regional
comprehensive plans. If the environmental quality board finds
that the proposed action might have an unreasonable effect on a
zone, the environmental quality board shall issue an order
within the 60-day period under subdivision 2 for the party to
refrain from the proposed action for an additional 60 days.
Subd. 4. [PUBLIC HEARING.] During the additional 60 days,
the environmental quality board shall hold a public hearing
concerning the proposed action at a place within the affected
zone or easily accessible to the zone. Notice of the hearing
must be published in a newspaper having a general circulation
within the area of the zone. Individual written notice must be
given to the local governments with jurisdiction over the zone,
the agency, corporation or government proposing to take the
action, the owner of land in the zone, and any public agency
having the power of review or approval of the action.
Subd. 5. [JOINT REVIEW.] The review process required in
this section may be conducted jointly with any other
environmental impact review by the environmental quality board.
Subd. 6. [SUSPENSION OF ACTION.] The environmental quality
board may suspend an eminent domain action for up to one year if
it determines that the action is contrary to the purposes of
this chapter and that there are feasible and prudent
alternatives that may have a less negative impact on a zone.
Subd. 7. [TERMINATION OF ZONE.] Designation as an
exclusive agricultural use zone and all benefits and limitations
under this chapter, including the restrictive covenant for the
portion of the zone taken, ends on the date the final
certificate is filed with the clerk of district court under
section 117.205.
Subd. 8. [ACTION BY ATTORNEY GENERAL.] The environmental
quality board may request the attorney general to bring an
action to enjoin an agency, corporation or government from
violating this section.
Subd. 9. [EXCEPTION.] This section does not apply to an
emergency project that is immediately necessary for the
protection of life and property.
Sec. 142. [40A.123] [LIMITATION ON CERTAIN PUBLIC
PROJECTS.]
Subdivision 1. [PROJECTS AND ASSESSMENTS PROHIBITED;
EXCEPTION.] Notwithstanding any other law, construction projects
for public sanitary sewer systems, public water systems, and
public drainage systems are prohibited in exclusive agricultural
use zones. New connections between land or buildings in a zone
and public projects are prohibited. Land in a zone may not be
assessed for public projects built in the vicinity of the zone.
Subd. 2. [EXCEPTION; OWNER OPTION.] Subdivision 1 does not
apply to public projects necessary to serve land primarily in
agricultural use or if the owner of land in an exclusive
agricultural use zone elects to use and benefit from a public
project.
Subd. 3. [RECAPTURE OF DEFERRED ASSESSMENT.] If
assessments are not levied against property under subdivision 1,
the local government shall file a certificate with the county
recorder containing a legal description of the property and the
amount deferred. If the property is terminated as an exclusive
agricultural use zone under section 40A.11, the deferred
assessments plus interest are payable within 90 days after
termination of the zone. If the deferred assessment is not paid
within 90 days, the county auditor shall include the deferred
assessment plus a ten percent penalty on the tax list for the
current year.
Sec. 143. Minnesota Statutes 1984, section 40A.13,
subdivision 1, is amended to read:
Subdivision 1. [CONSERVATION PRACTICES TO PREVENT SOIL
LOSS REQUIRED.] An owner of agricultural land in an exclusive
agricultural use zone shall manage the land with sound soil
conservation practices that prevent excessive soil loss. Soil
loss is excessive if it is greater than the soil loss tolerance
for each soil type described in the United States soil
conservation service field office technical guide or if the soil
loss is greater than the soil loss allowed in an ordinance of
the county according to the model ordinance adopted by the
commissioner. The model ordinance and sections 40.19 to 40.28
and sections adopted under chapter 40 relating to soil loss
apply to all land in an exclusive agricultural zone. A sound
soil conservation practice prevents excessive soil loss or
reduces soil loss to the most practicable extent. The county
shall enforce this subdivision.
Sec. 144. Minnesota Statutes 1984, section 40A.15,
subdivision 4, is amended to read:
Subd. 4. [FINANCIAL ASSISTANCE.] The commissioner shall
administer grants for up to 50 percent of the cost of the
activity to be funded, except that grants to the pilot counties
shall be for 100 percent of the cost up to $30,000 of preparing
new plans and official controls required under this chapter.
Grants may not be used to reimburse the recipient for activities
that are already completed. Grants may be used to employ and
train staff, contract with other units of government or private
consultants, and pay other expenses related to promoting and
implementing agricultural land preservation and conservation
activities. The commissioner shall prepare and publish an
inventory of sources of financial assistance. To the extent
practicable, the commissioner shall assist recipients in
obtaining matching grants from other sources.
Sec. 145. Minnesota Statutes 1984, section 41A.01, is
amended to read:
41A.01 [PURPOSE.]
Sections 41A.01 to 41A.06 provide a framework for an
agricultural resource loan guaranty program, the purposes of
which are to further the development of the state's agricultural
resources and improve the market for its agricultural products.
Public debt is authorized by the constitution to be incurred for
developing agricultural resources by extending credit on real
estate security. The program contemplates the use of this power
not to finance projects of the kind described herein, but to
provide financial guaranties for a portion of the cost of viable
projects to the extent necessary to enable qualified developers
and operators to secure private financing which would not
otherwise be available. All credit advanced pursuant to loan
guaranty commitments is to be secured by subrogation of the
state to mortgage security and other security interests granted
to the private lender, in proportion to the amount advanced by
the state. A loan guaranty board is established to investigate
the feasibility of each project, its conformity to the above
policies public policy and to environmental standards, the
qualifications of the owners, operators, and lenders, and the
nature and extent of the security, prior to commitment, and.
The board shall also seek to secure maximum financial
participation by private persons, not supported by the guaranty,
to assure that in these respects each project satisfies and will
continue to satisfy criteria which are adequate in the judgment
of the board.
Sec. 146. Minnesota Statutes 1984, section 41A.02,
subdivision 5, is amended to read:
Subd. 5. [AGRICULTURAL RESOURCE LOAN GUARANTY PROGRAM;
PROGRAM.] "Agricultural resource loan guaranty program" or
"program" includes all projects and, loan guaranties approved
and bonds approved or issued pursuant to sections 41A.03 and
41A.04 this chapter.
Sec. 147. Minnesota Statutes 1984, section 41A.02,
subdivision 7, is amended to read:
Subd. 7. [APPLICANT.] "Applicant" means any borrower or
lender acting on behalf of a borrower or any rural development
finance authority organized, or any county exercising the powers
of such an authority, pursuant to chapter 362A, which applies to
the state for approval of a guaranty of a loan to a borrower or
issuance of bonds for a project.
Sec. 148. Minnesota Statutes 1984, section 41A.02, is
amended by adding a subdivision to read:
Subd. 7a. [BONDS.] "Bonds" means bonds, notes, or other
obligations issued by the board pursuant to this chapter.
Sec. 149. Minnesota Statutes 1984, section 41A.02,
subdivision 8, is amended to read:
Subd. 8. [BORROWER.] "Borrower" means any applicant or any
private individual, company, cooperative, partnership,
corporation, association, consortium, or other entity organized
for a common business purpose, which is obligated or to be
obligated to pay a guaranteed loan or receives a loan of bond
proceeds.
Sec. 150. Minnesota Statutes 1984, section 41A.02,
subdivision 11, is amended to read:
Subd. 11. [LENDER.] "Lender" means any holder or holders
of bonds, notes, or other obligations evidencing a guaranteed
loan, any trustee representing those holders, and any investment
or commercial banking institution, savings and loan institution,
insurance company, investment company, or other financial
institution or institutional investor making, purchasing, or
participating in a loan or any part of a loan.
Sec. 151. Minnesota Statutes 1984, section 41A.03,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY FOR AND LIMITATION OF GUARANTY.]
Subject to the provisions of sections 41A.01 to 41A.06 and
subject to section 16A.80 and upon determination that a loan
will serve the public purposes and satisfy the conditions set
forth in sections 41A.01 to 41A.06, the state may guarantee and
commit to guarantee against loss an amount not exceeding 90
percent, with exclusive of accrued interest, of a loan for the
construction cost of an agricultural resource project (or the
refunding or refinancing of a loan). The loan must be secured
by a first mortgage lien the best available collateral including
but not limited to a mortgage on and security interest in all
real and personal property comprising the project and other
collateral as provided in the loan agreement.
Sec. 152. Minnesota Statutes 1984, section 41A.03,
subdivision 3, is amended to read:
Subd. 3. [REQUIRED PROVISIONS.] A loan guaranty or loan
agreement pertaining to any loan guaranteed by the state
must may provide that:
(a) Payments of principal and interest made by the borrower
under the loan shall be applied by the lender to reduce the
guaranteed and nonguaranteed portion of the loan on a
proportionate basis, and the nonguaranteed portion shall not in
any event receive preferential treatment over the guaranteed
portion.
(b) A period of grace shall be allowed of not less than 60
days from a date a principal or interest payment is due, prior
to the making of demand for payment pursuant to the loan
guaranty, to permit adequate time for a decision on behalf of
the state regarding principal and interest assistance in
accordance with subdivision 4. Payment as required by the loan
guaranty shall be made within 60 days after receipt by the state
of written demand complying with the terms and conditions of the
guaranty.
(c) The lender may not accelerate repayment of the loan or
exercise other remedies available to the lender if the borrower
defaults, unless (i) the borrower fails to pay a required
payment of principal or interest, or (ii) the state consents in
writing, or (iii) as otherwise permitted in the loan guaranty.
In the event of a default, the lender may not make demand for
payment pursuant to the guaranty unless the state agrees in
writing that such default has materially affected the rights or
security of the parties, and finds that the lender should be
entitled to receive payment pursuant to the loan guaranty.
(d) If a payment of principal or interest is made by the
state upon default of the borrower, the state shall be
subrogated to the rights of the lender with respect to the
payment.
(e) The borrower shall have promptly prepared and delivered
to the state annual audited or reviewed financial statements of
the project prepared by a certified public accountant according
to generally accepted accounting principles.
(f) Duly authorized representatives of the state shall have
access to the project site at reasonable times during
construction and operation of the project.
(g) The borrower shall maintain adequate records and
documents concerning the construction and operation of the
project in order that representatives of the state may determine
its technical and financial conditions and its compliance with
environmental requirements. The records shall include the
amounts of all sales and use taxes paid on personal property and
services purchased for the construction and operation of the
project, with tax receipts furnished by the sellers or other
supporting documentation determined by the board to be
satisfactory. The amounts of those taxes shall be reported to
the board in the manner and at the times required by the board.
(h) The borrower shall protect and preserve at all times
the project assets and other collateral securing the loan and
shall assist in liquidation of collateral to minimize loss in
the event of default.
(i) Orderly liquidation of assets of the project shall be
provided for in the event of default, with an option on the part
of the state to acquire from the lender the lender's interest in
the assets pursuant to the nonguaranteed portion of the loan.
(j) The state shall be paid at or prior to the closing of
the guaranteed loan a fee or fees for the loan guaranty or the
commitment to guarantee the loan. The aggregate fee may not
exceed one percent of the total principal amount of the
guaranteed portion of the loan.
(k) The lender shall perfect and maintain the mortgage lien
on the real estate and the security interest in personal
property and collateral granted as security for the loan, and
shall cause all other loan servicing functions to be performed
which are normally required or performed by a reasonable and
prudent lender with respect to a loan without a guaranty.
(l) The state shall be notified in writing without delay of
(i) the date and amount of and basis for each disbursement of
loan proceeds; (ii) any nonpayment of principal or interest due
(within ten days after the due date and with evidence of
notification to the borrower); (iii) any failure to honor a
commitment by any person of an intended source of capital for
the project; and (iv) any significant adverse changes from
original cash flow projections as evidenced by reports from the
borrower, or any other known evidence that the borrower might be
unable to meet a future scheduled payment of principal or
interest.
(m) The loan agreement shall require the borrower to
establish a reserve, from the proceeds of the loan or otherwise,
to be maintained with the lender or with a trustee for the
holders of the borrower's obligations in cash or securities of a
specified market value not less than one-half of the annual
amount which would be required to amortize the entire amount of
the loan over the term and at the interest rate (or at the rate
of yield resulting from the interest rates) provided in the loan
agreement.
(n) The agreement shall contain other terms and conditions
that the board in its sole discretion determines necessary and
appropriate to carry out the purposes of this chapter.
Sec. 153. Minnesota Statutes 1984, section 41A.03, is
amended by adding a subdivision to read:
Subd. 5. [LIMITATION ON LIABILITY.] The liability of the
state for loan guaranties or bonds authorized under this chapter
is limited to the amount of funds appropriated to the guaranty
fund pursuant to section 41A.06. The loan guaranties or bonds
are not a general obligation or debt of the state.
Sec. 154. Minnesota Statutes 1984, section 41A.04,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS.] (a) Any rural development
finance authority, or county exercising the powers of such an
authority, applicant may file a written application with the
state commissioner of finance energy and economic development on
behalf of the board, to be considered by the agricultural
resource loan guaranty board, for a guaranty by the state of a
portion of a loan or for issuance of bonds for an agricultural
resource project. In general, the application must provide
information similar to that required by an investment banking or
other financial institution considering such a project for debt
financing. Specifically, each application must include in brief
but precise form the following information, as supplied by the
applicant, the borrower, or the lender:
(1) a description of the scope, nature, extent, and
location of the proposed project, including the identity of the
borrower and a preliminary or conceptual design of the project;
(2) a description of the technology to be used in the
project and the prior construction and operating experience of
the borrower with such projects;
(3) a detailed estimate of the items comprising the total
cost of the project, including escalation and contingencies,
with explanation of the assumptions underlying the estimate;
(4) a general description of the financial plan for the
project, including the mortgage and security interests to be
granted for the security of the guaranteed loan or the bonds,
and all sources of equity, grants, or contributions or of
borrowing the repayment of which is not to be secured by the
mortgage and security interests, or, if so secured, is expressly
subordinated to the guaranteed loan;
(5) an environmental report analyzing potential
environmental effects of the project, any necessary or proposed
mitigation measures, and other relevant data available to the
applicant to enable the board to make an environmental
assessment;
(6) a list of applications to be filed and estimated dates
of approvals of permits required by federal, state, and local
government agencies as conditions for construction and
commencement of operation of the project;
(7) an estimated construction schedule;
(8) an analysis of the estimated cost of production of and
market for the product, including economic factors justifying
the analysis and proposed and actual marketing contracts,
letters of intent, and contracts for the supply of feedstock;
(9) a description of the management experience of the
borrower in organizing and undertaking similar projects;
(10) pro forma cash flow statements for the first five
years of project operation including income statements and
balance sheets;
(11) a description of the borrower's organization and,
where applicable, a copy of its articles of incorporation or
partnership agreement and bylaws;
(12) the estimated amount of the loan or bonds and
percentage of the guaranty requested, the proposed repayment
schedule, and other terms and conditions and security provisions
of the loan;
(13) an estimate of the amounts and times of receipt of
guaranty fees, sales and use taxes, property tax increments, and
any other governmental charges which may be available for the
support of the state guaranty fund as a result of the
construction of the project, with an analysis of the assumptions
on which the estimate is based;
(14) a copy of any lending commitment issued by a lender to
the borrower;
(15) a statement from the lender, if identified, as to its
general experience in financing and servicing debt incurred for
projects of the size and general type of the project, and its
proposed servicing and monitoring plan; and
(16) additional information required by the board.
(b) The applicant shall pay upon filing of the application
a fee equal to .25 percent of the amount of the loan guaranty or
bond requested. The fee shall be paid to the commissioner of
finance and deposited in the general fund. If the board
determines not to issue a commitment for the project, the fee
shall be refunded to the applicant, less the board's cost of
processing, reviewing, and evaluating the application. If the
board issues a commitment for the project and the application
fee exceeds the board's cost of processing, reviewing, and
evaluating the application, the balance shall be transferred
from the general fund to the project account in the guaranty
fund and credited against the amount of the commitment fee
required in section 3, subdivision 3, clause (j). The county or
rural development finance authority may require the proposed
borrower under the project to pay the application fee.
(c) If the application is made by an applicant other than
the county or rural development finance authority and tax
increment financing is to be used for the project, the
application must include a copy of a resolution adopted by the
governing body of the county or rural development finance
authority in which the project is located. The resolution must
authorize the use of tax increment financing for the project as
required by section 41A.06, subdivision 5.
Sec. 155. Minnesota Statutes 1984, section 41A.04,
subdivision 3, is amended to read:
Subd. 3. [COMMITMENT.] The board commissioner of energy
and economic development on behalf of the board shall determine
as to each project for which an application is submitted whether
it appears in the board's commissioner's judgment to conform to
the purposes and policies stated in section 1 to an extent
measured by criteria which in the board's judgment are
satisfactory requirements of this chapter. The board may waive
any of the application requirements in subdivision 1 if it
determines in its sole discretion that the waiver of the
requirements is necessary or appropriate to carry out the
purposes of this chapter. The board may not waive the
requirements of subdivision 1, paragraph (c). In evaluating
applications the board shall consider the extent to which the
public subsidies sought by the applicant under the program would
provide the project with an unfair advantage in competing with
other products produced or processed in Minnesota. It may but
need not adopt rules setting forth criteria for evaluating
applications for loan guaranties. Upon determination by the
board that a project conforms to the purposes and policies in
section 1 requirements of this chapter, it may by resolution
make on behalf of the state a conditional commitment to
guarantee a portion of the proposed loan or to issue bonds as it
shall determine determines, not exceeding the limitations set
forth in section 41A.03. No action is allowable under section
116B.03, subdivision 1, with respect to acts of any person
authorized or required in order to execute the resolution. The
commitment is not binding upon the state until and unless the
following conditions are satisfied.
(1) the board has created a project account for the project
in the guaranty fund and has allocated to the account, from
funds previously appropriated by the legislature or from the
proceeds of bonds issued or to be issued for purposes of the
guaranty fund pursuant to authorization previously enacted by
the legislature, and not previously allocated to any other
project account, in an aggregate amount sufficient, with any
other amount then on hand in the project account, to pay the
entire guaranteed principal amount of the proposed loan, plus
interest on that amount for one year. The bonds authorized by
the legislature need not be issued until and unless the proceeds
allocated to a project account must be deposited in the account
to comply with clause (2) or (3).
(2) the board has deposited in the project account bond
proceeds or other funds in an amount not less than the annual
amount which would be required to amortize the guaranteed
portion of the principal of the loan over the term and at the
interest rate (or at the rate of yield resulting from the
interest rates) provided in the loan agreement.
(3) the board has executed on behalf of the state a final
loan guaranty instrument in conformity with section 41A.03,
which binds the state to offer state bonds for sale at the times
and in the amounts required, with amounts on hand in the project
account, to pay all amounts to become due and payable under the
loan guaranty, within the authorization and allocation referred
to in clause (1), and when sold, to issue the bonds and apply
the proceeds to make these payments or has issued bonds.
Sec. 156. Minnesota Statutes 1984, section 41A.04,
subdivision 4, is amended to read:
Subd. 4. [RULE-MAKING AUTHORITY.] In order to effectuate
the purposes of sections 41A.01 to 41A.07, the board shall adopt
rules which are subject to the provisions of chapter 14. The
board may adopt emergency rules which may be effective until
December 31, 1985 and permanent rules.
Sec. 157. Minnesota Statutes 1984, section 41A.05,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT OF FUND.] For the purpose of
developing the state's agricultural resources by extending
credit on real estate security, the agricultural resource loan
guaranty fund is established as a special and dedicated fund to
be held and invested separately from all other funds of the
state. All proceeds of state bonds authorized and issued for
the purposes of money appropriated to the fund, and all guaranty
fees, retail sales taxes, property tax increments, and other
money from any source which may be credited to the fund pursuant
to law or pursuant to the terms of grants, contributions, or
contracts are appropriated and shall remain available for the
purposes of the fund until those purposes have been fully
accomplished. The board may establish within the guaranty fund
reserve funds, project accounts, or other restrictions it
determines necessary or appropriate to carry out the purposes of
this chapter. Except as otherwise provided in this section, the
fund may be used only for paying amounts due under loan
guaranties and principal and interest assistance contracts
entered into by the state, pursuant to the agricultural resource
loan guaranty program.
Sec. 158. Minnesota Statutes 1984, section 41A.05,
subdivision 2, is amended to read:
Subd. 2. [ISSUANCE OF BONDS.] To provide money
appropriated to the agricultural resource loan guaranty fund for
the purposes of the program, when authorized by law and
requested by the board, the commissioner of finance shall issue
and sell bonds of the state. The state irrevocably pledges the
full faith, credit, and taxing powers of the state to the prompt
and full payment of these bonds. The proceeds of the bonds when
issued, except accrued interest and any premium received upon
sale, shall be credited to the guaranty fund. All the bonds
shall be sold and issued and shall be secured in the manner,
upon the terms, and with the effect prescribed for state
building bonds in chapter 16A, and with the security provisions
set forth in chapter 16A and in article XI, sections 4 to 7 of
the constitution (a) Subject to section 16A.80, upon application
pursuant to section 41A.04, the board by resolution may exercise
the powers of a rural development authority under sections
362A.01 to 362A.05 and the powers of a municipality under
chapter 474 for the purposes of providing money to pay the costs
of a project, including the issuance of bonds and the loan of
the bond proceeds pursuant to a lease or other agreement. The
bonds must be issued, sold, and secured on the terms and
conditions and in the manner determined by resolution of the
board. Sections 16A.80 and 474.23 do not apply to the bonds.
Notwithstanding subdivision 1, a reserve established for the
bonds provided by the borrower, including out of bond proceeds,
may be deposited and held in a separate account in the guaranty
fund and applied to the last installments of principal or
interest on the bonds, subject to the reserves being withdrawn
for any purpose permitted by subdivision 1. The board may by
resolution or indenture pledge any or all amounts in the
guaranty fund, including any reserves and investment income on
amounts in the fund, to secure the payment of principal and
interest on any or all series of bonds, upon the terms and
conditions as provided in the resolution or indenture. To the
extent the board deems necessary or desirable to prevent
interest on bonds from becoming subject to federal income
taxation, (1) the amounts in the guaranty fund shall be invested
in obligations or securities with restricted yields and (2) the
investment income on the amounts are released from the pledge
securing the bonds or loan guaranty and appropriately applied to
prevent taxation.
(b) Bonds issued pursuant to this chapter are not general
obligations of the state or the board. The full faith and
credit and taxing powers of the state and the board are not and
may not be pledged for the payment of the bonds. No person may
compel the levy of a tax for the payment or compel the
appropriation of money of the state or the board for the payment
of the bonds, except as specifically provided in this chapter.
(c) The issuance of bonds pursuant to this subdivision is
subject to sections 474.18 to 474.25. For purposes of sections
474.16 to 474.20, the board is a local issuer and may apply for
allocations of authority to issue private activity obligations
and may enter into an agreement for the issuance of obligations
by another issuer.
Sec. 159. Minnesota Statutes 1984, section 41A.05,
subdivision 3, is amended to read:
Subd. 3. [COVENANT.] In fulfillment of the state's
covenant with the beneficiary of each loan guaranty executed by
the board on behalf of the state pursuant to the agricultural
resource loan guaranty program, in accordance with section
41A.04, subdivision 3, the state will not limit or alter the
rights vested in the board to comply with the terms of the loan
guaranties. The state agrees not to rescind or cancel any
authorization of an amount of bonds, or the appropriation of the
proceeds of bonds for the purposes of the program, which, with
the sum of the amounts then held in each project account in the
guaranty fund, would be required, in the event of an immediate
default on each guaranteed loan, to pay the balance of the
guaranteed portion of the principal of all guaranteed loans with
interest accrued and to accrue thereon for one year.
Sec. 160. Minnesota Statutes 1984, section 41A.05, is
amended by adding a subdivision to read:
Subd. 5. [GUARANTY FUND; REDUCTION.] Amounts in the
guaranty fund may be transferred to the general fund if the
remaining amount in the fund exceeds the principal amount and
one year's interest on the outstanding bonds and the guaranteed
portion of outstanding guaranteed loans.
Sec. 161. Minnesota Statutes 1984, section 41A.06,
subdivision 1, is amended to read:
Subdivision 1. [APPROPRIATION.] The payments, taxes, and
governmental charges described in this section which are
received as a consequence of the undertaking, completion, and
operation of each agricultural resource loan project for which a
loan guaranty is made by the state are appropriated to the loan
guaranty fund. This appropriation shall not lapse at the close
of any fiscal year under the provisions of section 16A.28, and
the receipts from the appropriation shall remain available as
provided in section 41A.05, subdivision 1. The state is not
obligated, however, to continue the appropriation with respect
to charges not yet collected, except to the extent determined to
be necessary for compliance with the covenant contained in
section 41A.05, subdivision 3 terms of the loan guaranty
agreement.
Sec. 162. Minnesota Statutes 1984, section 41A.06,
subdivision 5, is amended to read:
Subd. 5. [PROPERTY TAX INCREMENTS.] If tax increment
financing is to be used for the project, the applicant for a
loan guaranty or bonds for any project, and the county in which
the project is situated, shall do all acts and things necessary
for the computation and segregation of property tax increments
resulting from the construction of the project in accordance
with the provisions of section 362A.05, and for the remittance
to the commissioner of finance, for deposit in the loan guaranty
fund, of all tax increments received from and after the date of
the conditional commitment for the loan guaranty. The board may
agree to accept a pledge of only a portion of the tax
increment. If the project account contains the minimum balance
required by section 41A.04, subdivision 3 an amount equal to the
average annual payment of principal and interest on the bonds or
for the guaranteed portion of a guaranteed loan, the board may
must annually return the excess tax increment to be distributed
as provided by section 273.75, subdivision 2, clause (d), until
the increment has been discharged under the agreement or section
362A.05.
Sec. 163. [41A.08] [STAFF.]
Subject to all other applicable laws governing employees of
or employment by a department or agency of the state, the
commissioner of energy and economic development, on behalf of
the board, may retain or employ the officers, employees, agents,
contractors, and consultants the commissioner determines
necessary or appropriate to discharge the functions of the board
in respect to the agricultural resource loan program. The
commissioner shall define their duties and responsibilities.
Sec. 164. Minnesota Statutes 1984, section 43A.04,
subdivision 3, is amended to read:
Subd. 3. [RULES.] The commissioner shall promulgate rules
pursuant to the administrative procedure act to implement the
provisions of chapter 43A which directly affect the rights of or
processes available to the general public. The rules shall have
the force and effect of law and shall include but are not
limited to:
(a) The processes for determining the extent of competition
for filling vacancies, for recruiting applicants, for conducting
competitive open examinations, for ranking candidates and
maintaining competitive open eligible lists, and for
certification and appointment of eligibles from competitive open
eligible lists;
(b) The process for effecting noncompetitive and qualifying
appointments;
(c) The process for temporary designation of positions in
the unclassified service and for effecting appointments to the
unclassified service;
(d) A statewide affirmative action program to include
requirements for agency affirmative action plans, statewide
policies and procedures, reporting requirements, accountability
and responsibility of employees in the executive branch, and
overall objectives of the program;
(e) Conditions under which moving and other expenses may be
authorized and paid prior to appointment to persons who have
accepted state employment; and
(f) Procedures for administration of the code of ethics for
employees of the executive branch; and
(g) Examination procedures for candidates with handicaps as
described in section 43A.10, subdivision 8.
Sec. 165. Minnesota Statutes 1984, section 43A.07,
subdivision 2, is amended to read:
Subd. 2. [JOB CLASSES AND TITLES.] An appointing authority
shall notify the commissioner when a new position is to be
established in the classified service. The commissioner shall
allocate the position to an appropriate class in the
classification plan or if the position cannot be allocated to an
existing class, establish a new class. The commissioner shall
assign an appropriate salary rate or range to the class. If the
class is in a bargaining unit under the provisions of section
179A.10, and there is an applicable provision in the collective
bargaining agreement the commissioner shall establish the salary
rate or range pursuant to the agreement.
The commissioner may independently conduct classification
studies or, upon request of an appointing authority or a
permanent employee, shall may investigate the duties of a
classified position. If a request is denied, the employee must
be given a written explanation. The commissioner shall
investigate the duties of a classified position upon request of
an appointing authority. The commissioner may reclassify the
position, change the title of the position or establish a new
class. The commissioner shall assign an appropriate salary rate
or range to the class. If the class is in a collective
bargaining unit under the provisions of section 179A.10, and
there is an applicable provision in the collective bargaining
agreement, the commissioner shall establish the salary rate or
range pursuant to the agreement.
Sec. 166. Minnesota Statutes 1984, section 43A.08,
subdivision 1, is amended to read:
Subdivision 1. [UNCLASSIFIED POSITIONS.] Unclassified
positions are held by employees who are:
(a) Chosen by election or appointed to fill an elective
office;
(b) Heads of agencies required by law to be appointed by
the governor or other elective officers, and the executive or
administrative heads of departments, bureaus, divisions and
institutions specifically established by law in the unclassified
service;
(c) Deputy and assistant agency heads, and one confidential
secretary in the agencies listed in subdivision 1a;
(d) The confidential secretary to each of the elective
officers of this state and, for the secretary of state, state
auditor, and state treasurer, an additional deputy, clerk, or
employee;
(e) Intermittent help employed by the commissioner of
public safety to assist in the issuance of vehicle licenses;
(f) Employees in the offices of the governor and of the
lieutenant governor, and one confidential employee for the
governor in the office of the adjutant general;
(g) Employees of the legislature and of legislative
committees or commissions; provided that employees of the
legislative audit commission, except for the legislative
auditor, the deputy legislative auditors, and their confidential
secretaries, shall be employees in the classified service;
(h) Presidents, vice presidents, deans, other managers and
professionals in academic and academic support programs,
administrative or service faculty, teachers, research assistants
and student employees eligible under terms of the federal
economic opportunity act work study program in the state
universities and community colleges. This paragraph shall not
be construed to include the custodial, clerical or maintenance
employees, or any professional or managerial employee performing
duties in connection with the business administration of these
institutions.
(i) Officers and enlisted persons in the national guard;
(j) Attorneys, legal assistants, examiners, and three
confidential employees appointed by the attorney general or
employed with his authorization;
(k) Judges and all employees of the judicial branch,
referees, receivers, jurors, and notaries public, except
referees and adjusters employed by the department of labor and
industry;
(l) Members of the state patrol; provided that selection
and appointment of state patrol troopers shall be made in
accordance with applicable laws governing the classified service;
(m) Seasonal help employed by the department of revenue;
(n) Chaplains employed by the state;
(o) (n) Examination monitors and intermittent training
instructors employed by the departments of employee relations
and commerce;
(p) (o) Student workers; and
(q) (p) Employees unclassified pursuant to other statutory
authority.
Sec. 167. Minnesota Statutes 1984, section 43A.10,
subdivision 8, is amended to read:
Subd. 8. [ELIGIBILITY FOR QUALIFIED HANDICAPPED
EXAMINATIONS.] The commissioner shall establish examination
procedures for candidates whose handicaps are of such a severe
nature that the candidates are unable to demonstrate their
abilities in competitive examination processes. The examination
procedures shall consist of up to 700 hours on-the-job trial
work experience which will be in lieu of a competitive
examination and for which the disabled person will be paid or
unpaid at his or her option. This work experience shall be
limited to candidates for appointment, promotion, or transfer
who have a physical or mental impairment for which there is no
reasonable accommodation in the examination process.
Implementation of provisions of this subdivision shall not be
deemed a violation of other provisions of Laws 1981, chapter 210
or chapter 363.
Sec. 168. Minnesota Statutes 1984, section 43A.15, is
amended by adding a subdivision to read:
Subd. 13. [REVENUE SEASONAL EMPLOYEES.] The commissioner
may authorize the administration of a qualifying selection
process for the filling of seasonal positions in the department
of revenue used in the processing of returns and providing
information during the tax season. The commissioner of revenue
may consider any candidate found qualified through this process
for probationary appointment.
Sec. 169. [TRANSITION FOR CURRENT EMPLOYEES.]
The commissioner of revenue shall appoint to the classified
service, without a probationary period, people who were seasonal
employees of the department of revenue on April 15, 1985, who
have worked a total of at least six months for the department
since January 1, 1982. The commissioner shall appoint to the
classified service, with a probationary period, people who were
seasonal employees of the department of revenue on April 15,
1985, who have not worked a total of six months for the
department since January 1, 1982.
Sec. 170. 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. 171. Minnesota Statutes 1984, section 43A.19,
subdivision 1, is amended to read:
Subdivision 1. [STATEWIDE AFFIRMATIVE ACTION PROGRAM.] (a)
To assure that positions in the executive branch of the civil
service are equally accessible to all qualified persons, and to
eliminate the underutilization of qualified members of protected
groups, the commissioner shall adopt and periodically revise, if
necessary, a statewide affirmative action program. The
statewide affirmative action program shall consist of at least
the following:
(a) (1) objectives, long-range and interim goals and
policies;
(b) (2) procedures, standards and assumptions to be used by
agencies in the preparation of agency affirmative action plans,
including methods by which goals and timetables shall be
established; and
(c) (3) requirements for the periodic annual submission of
affirmative action progress reports from heads of agencies.
(b) The commissioner shall base interim goals on at least
the following factors:
(1) the percentage of members of each protected class in
the recruiting area population who have the necessary skills;
(2) the availability for promotion or transfer of members
of protected classes in the recruiting area population;
(3) the extent of unemployment of members of protected
classes in the recruiting area population;
(4) the existence of training programs in needed skill
areas offered by employing agencies and other institutions; and
(5) the expected number of available positions to be filled.
(c) The commissioner shall designate a state director of
equal employment opportunity who may be delegated the
preparation, revision, implementation and administration of the
program. The commissioner of employee relations may place the
director's position in the unclassified service if the position
meets the criteria established in section 43A.08, subdivision 1a.
Sec. 172. [43A.191] [AGENCY AFFIRMATIVE ACTION PROGRAMS.]
Subdivision 1. [AFFIRMATIVE ACTION OFFICERS.] (a) Each
agency with an approved complement over 1,000 shall have at
least one affirmative action officer, who shall have primary
responsibility for developing and maintaining the agency's
affirmative action plan. The officer shall devote full time to
affirmative action activities. The affirmative action officer
shall report administratively and on policy issues directly to
the agency head.
(b) The commissioner shall assign affirmative action
officers for agencies with approved complements of less than
1,000.
Subd. 2. [AGENCY AFFIRMATIVE ACTION PLANS.] (a) The head
of each agency in the executive branch shall prepare and
implement an agency affirmative action plan consistent with this
section and rules issued under section 43A.04, subdivision 3.
(b) The agency plan must include a plan for the provision
of reasonable accommodation in the hiring and promotion of
qualified handicapped persons. The reasonable accommodation
plan shall consist of at least the following:
(1) procedures for compliance with section 363.03 and,
where appropriate, regulations implementing United States Code,
title 29, section 794, as amended through December 31, 1984,
which is section 504 of the Rehabilitation Act of 1973, as
amended;
(2) methods and procedures for providing reasonable
accommodation for handicapped job applicants, current employees,
and employees seeking promotion; and
(3) provisions for funding reasonable accommodations.
(c) The agency plan must be prepared by the agency head
with the assistance of the agency affirmative action officer and
the director of equal employment opportunity. The council for
the handicapped shall provide assistance with the agency
reasonable accommodation plan.
(d) An agency affirmative action plan may not be
implemented without the commissioner's approval.
Subd. 3. [SANCTIONS AND INCENTIVES.] (a) The director of
equal employment opportunity shall annually audit the record of
each agency to determine the rate of compliance with annual
hiring goals of each goal unit and to evaluate the agency's
overall progress toward its affirmative action goals and
objectives.
(b) By January 1 of each year, the commissioner shall
submit a report on affirmative action progress of each agency
and the state as a whole to the governor and to the finance
committee of the senate, the appropriations committee of the
house of representatives, and the governmental operations
committees of both houses of the legislature. The report must
include each agency's rate of compliance with annual hiring
goals. Any agency in which less than 75 percent of the interim
hiring goals in any goal unit were unmet must be designated in
the report as an agency not in compliance with affirmative
action requirements.
(c) The commissioner shall study methods to improve the
performance of agencies not in compliance with affirmative
action requirements. By January 15, 1986, the commissioner
shall submit to the legislature a proposal for improving
compliance rates. This proposal must include penalties for
noncompliance.
(d) The commissioner shall establish a program to recognize
agencies that have made significant and measurable progress
toward achieving affirmative action objectives.
Sec. 173. [43A.192] [TRANSITION.]
An agency that has a majority of its approved staff
complement assigned to campuses or institutions separate from
its administrative offices and that is not in compliance with
section 172, subdivision 1, on January 1, 1985, shall come into
compliance by July 1, 1987. Until it comes into compliance, the
agency shall provide the equivalent of one full-time affirmative
action officer by assigning part-time affirmative action duties
to employees on each campus or at each institution.
Sec. 174. Minnesota Statutes 1984, section 43A.30,
subdivision 4, is amended to read:
Subd. 4. [EMPLOYEE INSURANCE TRUST FUND.] The commissioner
of employee relations may direct that all or a part of the
amounts paid for life insurance and, hospital, medical, and
dental benefits coverage, and optional coverages authorized for
eligible employees and other eligible persons be deposited by
the state in a separate an employee insurance trust fund in the
state treasury, from which the approved claims of eligibles are
to be paid. Investment income and investment losses
attributable to the investment of the separate fund shall be
credited to the fund. There is appropriated from the separate
fund to the commissioner of finance amounts needed to pay the
approved claims of eligibles, related service charges, insurance
premiums, and refunds. The commissioner shall not market or
self-insure life insurance or optional coverages.
Sec. 175. Minnesota Statutes 1984, section 43A.30, is
amended by adding a subdivision to read:
Subd. 5. [ADMINISTRATION.] The commissioner of employee
relations may administer the employee insurance program. The
commissioner may assess agencies the cost of these
administrative services and include it in the amounts billed for
life insurance, hospital, medical, and dental benefits, and
optional coverages authorized. Receipts from the assessments
must be deposited in the state treasury and credited to a
special account in the employee insurance trust fund and are
appropriated to the commissioner to pay these administrative
costs.
Sec. 176. Minnesota Statutes 1984, section 46.07,
subdivision 2, is amended to read:
Subd. 2. [CONFIDENTIAL RECORDS.] The commissioner shall
divulge facts and information obtained in the course of
examining financial institutions under his supervision only when
and to the extent that he is required or permitted by law to
report upon or take special action regarding the affairs of an
institution, or ordered by a court of law to testify or produce
evidence in a civil or criminal proceeding or in a court of
justice, except that he may, in his discretion, furnish
information as to matters of mutual interest to an official or
examiner of the federal reserve system, the federal deposit
insurance corporation, the federal savings and loan insurance
corporation, the national credit union administration, a legally
constituted state credit union share insurance corporation
approved under section 52.24, or the issuer of a commitment for
insurance or guarantee of the certificates of an industrial loan
and thrift company approved under section 53.10, or state and
federal law enforcement agencies. The commissioner shall not be
required to disclose the name of a debtor of a financial
institution under his supervision, or anything relative to the
private accounts, ownership, or transactions of an institution,
or any fact obtained in the course of an examination thereof,
except as herein provided. For purposes of this subdivision, a
subpoena is not an order of a court of law. These records are
classified confidential or protected nonpublic for purposes of
the Minnesota government data practices act and their
destruction, as prescribed in section 46.21, is exempt from the
provisions of chapter 138 and Laws 1971, chapter 529, so far as
their deposit with the state archives.
Sec. 177. Minnesota Statutes 1984, section 46.07, is
amended by adding a subdivision to read:
Subd. 3. [COMPLAINT FILES.] Notwithstanding the provisions
of subdivision 2 to the contrary, data gathered and maintained
in relation to a complaint filed with the commissioner is
private or nonpublic pursuant to the Minnesota government data
practices act.
Sec. 178. Minnesota Statutes 1984, section 47.015,
subdivision 1, is amended to read:
Subdivision 1. [FINANCIAL INSTITUTIONS.] As used in this
section the term "financial institution" shall include banks,
trust companies, banks and trust companies, mutual savings
banks, industrial loan and thrift companies having outstanding
certificates of indebtedness for investment other than those
pledged as security for a loan made contemporaneous therewith,
savings and loan associations, building and loan associations,
national banking associations, federal reserve banks and federal
savings and loan associations doing business in this state, and
includes any branch or detached facility of any of them.
Sec. 179. Minnesota Statutes 1984, section 47.0151,
subdivision 3, is amended to read:
Subd. 3. "Financial institution" includes a bank, a
savings bank, a trust company, any branch or agency of a foreign
banking organization, a person or association of persons
lawfully carrying on the business of banking, a savings and loan
association, and, so far as the provisions of sections 47.0151
to 47.0155 are consistent with federal law, national banks and
federal savings and loan associations, and includes any branch
or detached facility of any of them.
Sec. 180. Minnesota Statutes 1984, section 47.0152, is
amended to read:
47.0152 [POWER OF COMMISSIONER.]
Whenever the commissioner is of the opinion that an
emergency exists, or is impending, in the state or in a part of
it, he may, by proclamation, authorize financial institutions
located in the affected area to close any or all of their
offices. In addition, if the commissioner is of the opinion
that an emergency exists, or is impending, which affects, or may
affect, a particular financial institution or a particular
office of it, but not financial institutions located in the area
generally, he may authorize the particular financial institution
or office affected, to close or to temporarily relocate. The
office closed shall remain closed until the commissioner
proclaims that the emergency has ended, or until an earlier time
when the officers of the financial institution determine that an
office, closed because of the emergency, should reopen, and, in
either event, for the further time reasonably necessary to
reopen. The provisions of section 47.101 shall be waived for a
temporary location established due to an emergency.
Sec. 181. [47.0156] [CLOSING EFFECTING A PERMANENT
CESSATION OF BUSINESS.]
The permanent closing of a financial institution as defined
in section 47.015 or 47.0151 for purposes, or with a result,
other than authorized in sections 47.015 to 47.0155 is unlawful
unless at least 60 days' written notice is given to the
commissioner.
Sec. 182. Minnesota Statutes 1984, section 48.13, is
amended to read:
48.13 [CONDITIONS OF BONDS.]
Subdivision 1. [SECURITIES.] If a bond is given, it shall
be in favor of the bank and shall have one corporate surety,
which shall be a solvent insurance corporation in good standing
authorized to do business in Minnesota, or at least five
individual sureties, not one of whom shall be an officer,
director, or stockholder of the bank, and each of whom shall
justify in a sum equal to the penalty of the bond and, in
addition thereto, each individual surety shall furnish to the
bank, in connection with the bond, a verified financial
statement showing his solvency and responsibility, which
statement shall be renewed and revised annually by each surety.
If a contract of insurance is secured, it shall be in favor of
the bank and shall be executed by some insurance company
possessing the qualifications heretofore specified. No
cancellation or termination at the request of the underwriter of
a bond or contract of insurance required by section 48.12 shall
be effective unless the underwriter gives in advance at least 60
days written notice by registered mail to the commissioner of
commerce.
Subd. 2. [SECURITIES IN LIEU OF BOND.] With the prior
written approval of the commissioner and in lieu of the
corporate surety or five individual sureties, there may be
posted a deposit in securities of a form and amount acceptable
to the commissioner. These funds are under the control of the
commissioner for the purposes of section 48.12. All deposits
must remain in the custody of the commissioner of finance and
pursuant to sections 7.19 and 46.15 may be released only upon
order from the commissioner. These control and custody
requirements must not prevent any interest or dividend earnings
accruing on the funds posted to be paid over to pledgor.
Sec. 183. Minnesota Statutes 1984, section 49.05, is
amended by adding a subdivision to read:
Subd. 5. [FEDERAL DEPOSIT INSURANCE CORPORATION AS
RECEIVER OR LIQUIDATOR.] The Federal Deposit Insurance
Corporation created by Section 12B of the Federal Reserve Act,
as amended, upon appointment by the commissioner, may act
without bond as receiver or liquidator of a financial
institution, the deposits in which are to any extent insured by
this corporation, and that has been closed pursuant to section
49.04, subdivision 1.
Notwithstanding any other provision of law the appropriate
state authority having the right to appoint a receiver or
liquidator of a financial institution may, in the event of the
closing, tender to the corporation the appointment as receiver
or liquidator of the financial institution; and, if the
corporation accepts the appointment, the corporation shall have
and possess all the powers and privileges provided by the laws
of this state with respect to a receiver or liquidator,
respectively, of a financial institution, its depositors, and
other creditors.
Sec. 184. Minnesota Statutes 1984, section 49.05, is
amended by adding a subdivision to read:
Subd. 6. [RIGHT OF SUBROGATION.] When a financial
institution has been closed, and the federal deposit insurance
corporation has paid or made available for payment the insured
deposit liabilities of the closed institution, the corporation,
whether or not it has or shall thereafter become a liquidating
agent of the closed institution is subrogated, by operation of
law with like force and effect as if the closed institution were
a national bank, to all rights of the owners of these deposits
against the closed financial institution in the same manner and
to the same extent as now or hereafter necessary to enable the
federal deposit insurance corporation under federal law to make
insurance payments available to depositors of closed insured
financial institutions; provided, that the rights of depositors
and other creditors of the closed institution shall be
determined in accordance with the laws of this state. The
commissioner may, in the event of the closing of any financial
institution pursuant to section 49.04, subdivision 1, the
deposits of which financial institution are to any extent
insured by the corporation, tender to the corporation the
appointment as liquidating agent of this financial institution
and, if the corporation accepts the appointment, it shall have
and possess all the powers and privileges provided by the laws
of this state with respect to a special deputy examiner of the
department of commerce in the management and liquidation of this
institution, and be subject to all of the duties of the special
deputy examiner; provided, that nothing contained in this
subdivision shall be construed as a surrender of the right of
the commissioner to liquidate financial institutions under his
or her supervision pursuant to the statute in such case made and
provided; and the commissioner may waive the filing of a bond by
the corporation as the special deputy examiner.
Sec. 185. Minnesota Statutes 1984, section 52.02,
subdivision 3, is amended to read:
Subd. 3. [APPROVAL.] Amendments to the certificate of
organization or bylaws must be approved by the commissioner of
commerce before they become operative. The commissioner shall
not unreasonably withhold approval if the amendments do not
violate any provision of this chapter or other state law. In
any event, the commissioner shall approve or disapprove the
proposed amendment within 60 days of the date the proposed
amendment is submitted to the commissioner by the credit union.
In case of disapproval the credit union shall have the right to
appeal to a court of competent jurisdiction within the time
limits stated in section 52.01, clause (5). In case any
amendment to the certificate of organization is adopted, the
resolution, containing a full text of the amendment and verified
by its president and or treasurer and approved by the
commissioner of commerce, shall be recorded in the office of the
county recorder in the county in which the credit union is
located. If the amendment proposes to change the place of
business from one county to another, it shall be recorded in the
office of the county recorder of the county of the place of
business immediately prior to the amendment and a certified copy
of the original certificate of organization and all amendments
to it shall be recorded in the office of the county recorder in
the county in which the credit union desires to do
business secretary of state.
Sec. 186. Minnesota Statutes 1984, section 52.24,
subdivision 1, is amended to read:
Subdivision 1. [INSURANCE ACCOUNTS.] Every credit union
under the supervision of the commissioner of commerce shall at
all times maintain in effect insurance of member share and
deposit accounts under the provisions of title II of the
national credit union act, or a legally constituted state credit
union share insurance corporation. A credit union which fails
to meet this requirement for insurance of its share and deposit
accounts shall either dissolve, or merge with another credit
union which is insured under title II of the national credit
union act or a legally constituted share insurance corporation.
Sec. 187. Minnesota Statutes 1984, section 52.24,
subdivision 2, is amended to read:
Subd. 2. [CERTIFICATE OF APPROVAL.] No credit union shall
be granted a certificate of approval by the commissioner of
commerce unless the credit union has obtained a commitment for
insurance of its member share and deposit accounts under the
provisions of title II of the national credit union act or a
legally constituted state credit union share insurance
corporation.
Sec. 188. Minnesota Statutes 1984, section 53.04, is
amended by adding a subdivision to read:
Subd. 4a. [DISCLOSURE, AUTHORIZED INTEREST, AND OTHER
CHARGES.] The documentation of loans made pursuant to this
section must include in the promissory note clear reference to
the provisions of Minnesota Statutes under which the rate of
interest and other charges are authorized. The references must
be to the chapter number in the case of chapter 53 or chapter
56, or to the particular section or sections in the case of
chapter 47 or chapter 334. On loans made under the authority of
subdivision 3a and not under the authority of chapter 334, other
charges including discount points, fees, late payment charges,
and insurance premiums not specifically authorized by chapter 53
or any other state statute are controlled by chapter 56.
Sec. 189. Minnesota Statutes 1984, section 53.10, is
amended to read:
53.10 [MANDATORY INSURANCE OR GUARANTEE OF ACCOUNTS.]
Subdivision 1. [REQUIREMENT.] Not later than July 1,
1983 1987, every industrial loan and thrift company operating
under this chapter with consent or holding a certificate of
authorization, which includes the right to sell and issue for
investment certificates of indebtedness, savings accounts, and
savings deposits, other than those to be pledged as security for
a loan made contemporaneously therewith, shall obtain a
commitment for insurance or guarantee of the certificates,
accounts, or deposits by or through an insurance company or
guarantee fund acceptable to the commissioner of commerce. The
insurance or guarantee shall provide for the redemption of the
investment of certificate, account, or deposit holders in the
event of liquidation, insolvency or bankruptcy of the industrial
loan and thrift company. The amount of insurance or guarantee
benefit to each certificate, account, or deposit holder, as an
individual or multiparty account, shall at all times be in full
force and equal to the lesser of the industrial loan and thrift
company's liability under a certificate, account, or deposit or
$100,000. For purposes of this section, an insurance company or
guarantee fund includes an insurance company authorized to do
business in this state, an insurance or guarantee fund organized
under the laws of the United States, this state or any other
state with the expressed purpose or authority to guarantee the
accounts of industrial loan and thrift companies or any other
person who contracts with industrial loan and thrift companies
to guarantee accounts the federal deposit insurance corporation,
an agency of this state, or a federal agency established for the
purpose of insuring deposits in banks or otherwise eligible to
insure the savings accounts and savings deposits in industrial
loan and thrift companies operating pursuant to this chapter.
Subd. 2. The commissioner of commerce shall grant
additional time or times to obtain the commitment for insurance
or guarantee upon satisfactory evidence that the industrial loan
and thrift company has made or is making a substantial effort to
achieve the conditions precedent to issuance of the commitment.
Additional time or times shall not extend later than July 1,
1985 1988.
Subd. 3. No industrial loan and thrift company shall
hereafter be granted consent, or issued a certificate of
authorization which includes the right to issue for investment
certificates of indebtedness, savings accounts, and savings
deposits, other than those to be pledged as security for a loan
made contemporaneously therewith, unless the industrial loan and
thrift company has obtained a commitment for insurance or
guarantee of such certificates which meets the conditions of
subdivision 1.
Subd. 4. [TRANSITIONAL REQUIREMENT; CONTINUING
REQUIREMENT.] Until the time the requirements of subdivisions 1
and 2 are fully satisfied, any existing insurance or guarantee
approved by the commissioner of commerce pursuant to Laws 1980,
chapter 503, section 3, must be maintained as a condition to
continued operations. Thereafter every industrial loan and
thrift company shall at all times maintain in effect insurance
of its accounts by the federal deposit insurance corporation, an
agency of this state or a federal agency established for the
purpose of insuring deposits in banks or otherwise eligible to
insure the accounts of industrial loan and thrift companies
operating pursuant to this chapter. If it appears to the
commissioner that an industrial loan and thrift company has
failed to meet the requirements of this section, the
commissioner shall issue an order pursuant to sections 46.24 to
46.33 requiring compliance or the noncompliant industrial loan
and thrift company to cease and desist from accepting savings or
deposit accounts and submit a plan to the commissioner for the
orderly and timely divestiture of all existing savings and
deposit accounts.
Sec. 190. Minnesota Statutes 1984, section 55.095, is
amended to read:
55.095 [DUTIES OF COMMISSIONER OF COMMERCE.]
Every safe deposit company is at all times under the
supervision and subject to the control of the commissioner of
commerce. He shall, through his examiners, visit at least once
each year each safe deposit company licensed by him to ascertain
whether the safe deposit company is complying with the
provisions of this chapter and whether its methods and systems
are in accordance with law and designed to protect the property
of persons doing business with it. For each examination he
shall charge the actual expenses of examination. If the
commissioner of commerce determines that the safe deposit
company is violating the provisions of this chapter, or any law
of the state, or has engaged or the commissioner has reason to
believe that a licensee is about to engage in an unlawful,
unsafe, or unsound practice in the conduct of its business, he
may proceed pursuant to sections 46.24 to 46.33 or serve notice
on the safe deposit company of his intention to revoke the
license, stating in general the grounds therefor and giving
reasonable opportunity to be heard. If for a period of 15 days
after the notice, the violation continues, the commissioner of
commerce may revoke the license and take possession of the
business and property of the safe deposit company and maintain
possession until the time the commissioner permits it to
continue business, or its affairs are finally liquidated. The
liquidation must proceed pursuant to sections 49.04 to 49.32.
Sec. 191. Minnesota Statutes 1984, section 65B.49,
subdivision 4, as amended by Laws 1985, chapter 168, section 11,
is amended to read:
Subd. 4. [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 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) Unless the language of the policy provides otherwise,
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 a named insured, the injured person may be
entitled to excess insurance protection afforded by a policy in
which the injured party is a named 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 named 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 named 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 Unless
a policyholder makes a specific election to have two or more
policies added together, the limit of liability for uninsured
and underinsured motorist coverages for two or more motor
vehicles may not be added together to determine the limit of
insurance coverage available to an injured person for any one
accident. An insurer shall notify policyholders that they may
elect to have two or more policies added together.
(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.
(8) The uninsured and underinsured motorist coverages
required by this subdivision do not apply to any bodily injury
until the limits of bodily injury liability policies applicable
to all insured motor vehicles causing the injury have been
exhausted by payment of judgments or settlements and proof of
such is submitted to the insurer providing the uninsured and
underinsured motorist coverages.
Sec. 192. Minnesota Statutes 1984, section 69.031,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER OF FINANCE'S WARRANT.] The
commissioner of finance shall issue to the auditor of each
county certified to him by the commissioner his warrant for an
amount equal to the amount certified to by the commissioner
pursuant to section 69.021. The amount due to a county and not
paid by September 1 accrues interest at the rate of one percent
for each month or part of a month the amount remains unpaid,
beginning the preceding June 1.
Sec. 193. [84.0885] [YOUTH PROGRAMS.]
Subdivision 1. [PROGRAM CONTENT.] The commissioner shall
operate a Minnesota conservation corps, a summer youth program,
and a year-round young adult program. The commissioner shall
insure that youths in all parts of the state have an equal
opportunity for employment and that equal numbers of male and
female youth are selected for the summer residential program.
Youth corps members must be 16 to 18 years old and young adult
corps members must be 18 to 26 years old. A corps member in the
Minnesota conservation corps is not a public employee under
chapter 43A or 179A. The Minnesota conservation corps shall
provide service for the various department of natural resources
disciplines including parks, forestry and wildlife habitat
improvement, and trails and waterways, and other public land
managers as appropriate.
Subd. 2. [EXPENDITURES FROM SPECIAL FUNDS.] An
appropriation from a special revenue fund or account to the
commissioner for youth programs must be spent for projects that
are consistent with the purposes of the fund or account from
which the appropriation was made.
Sec. 194. Minnesota Statutes 1984, section 84.86,
subdivision 1, is amended to read:
Subdivision 1. With a view of achieving maximum use of
snowmobiles consistent with protection of the environment the
commissioner of natural resources shall adopt rules and
regulations in the manner provided by chapter 14, for the
following purposes:
(1) Registration of snowmobiles and display of registration
numbers.
(2) Use of snowmobiles insofar as game and fish resources
are affected.
(3) Use of snowmobiles on public lands and waters under the
jurisdiction of the commissioner of natural resources.
(4) Uniform signs to be used by the state, counties, and
cities, which are necessary or desirable to control, direct, or
regulate the operation and use of snowmobiles.
(5) Specifications relating to snowmobile mufflers.
(6) A comprehensive snowmobile information and safety
education and training program, including but not limited to the
preparation and dissemination of snowmobile information and
safety advice to the public, the training of snowmobile
operators, and the issuance of snowmobile safety certificates to
snowmobile operators who successfully complete the snowmobile
safety education and training course. For the purpose of
administering such program and to defray a portion of the
expenses of training and certifying snowmobile operators, the
commissioner shall collect a fee of not to exceed $5 from each
person who receives the training and shall deposit the fee in
the general fund snowmobile trails and enforcement account and
the amount thereof is appropriated annually to the commissioner
of natural resources for the administration of such programs.
The commissioner shall cooperate with private organizations and
associations, private and public corporations, and local
governmental units in furtherance of the program established
under this clause. The commissioner shall consult with the
commissioner of public safety in regard to training program
subject matter and performance testing that leads to the
certification of snowmobile operators.
(7) The operator of any snowmobile involved in an accident
resulting in injury requiring medical attention or
hospitalization to or death of any person or total damage to an
extent of $100 or more, shall promptly forward a written report
of the accident to the commissioner on such form as he shall
prescribe.
Sec. 195. Minnesota Statutes 1984, section 84B.03,
subdivision 4, is amended to read:
Subd. 4. [CONVEYANCE.] In furtherance of boundary
adjustments to Voyageurs National Park authorized by Congress in
Public Law 97-405, and notwithstanding any other law to the
contrary, the governor, after consulting the commissioner of
natural resources, shall donate and convey to the United States
of America, for Voyageurs National Park, the state's interest in
the following described lands:
(1) Lot 7, Section 4, Township 68 North, Range 18 West;
(2) the area of land commonly referred to as the Kabetogama
Forestry Station, consisting of approximately 18.45 acres, and
located in Section 21, Township 69 North, Range 21 West; and
(3) land not exceeding 120 acres consisting of a strip of
land through that portion of Section 1, Township 68 North, Range
20 West, which is roughly parallel to and 400 feet on each side
of the unimproved road extending northward from a point of
beginning at the Ash River Trail in the Southeast Quarter of the
Southeast Quarter of Section 1 to a point of termination in the
Northeast Quarter of the Northwest Quarter in Section 1.
The Lands described in clause (1) shall be donated and
conveyed only after $30,000 has been paid by the commissioner of
natural resources to the city of Tower in return for a
conveyance to the state of all right, title, and interest of the
city of Tower in the land. Lands described in clauses (2) and
(3) shall be donated and conveyed only after the lands have been
condemned by the commissioner of natural resources in the manner
required by subdivision 2, and the time to appeal from the
condemnation award has expired. All conveyances required by
this subdivision shall comply with subdivision 1, except for the
provision required by clause (1)(a) of that subdivision.
Sec. 196. [85.012] [Subd. 2.] BANNING STATE PARK. The
following area is added to Banning State Park:
The Southwest 1/4 of the Southwest 1/4, and the Southeast
1/4 of the Southwest 1/4 of Section 12: The Northwest 1/4, the
Northwest 1/4 of the Southwest 1/4, the Northeast 1/4 of the
Southwest 1/4, and the Southwest 1/4 of the Southwest 1/4 in
Section 13; all in Township 43 North, Range 20 West.
Sec. 197. Minnesota Statutes 1984, section 85.05,
subdivision 1, is amended to read:
Subdivision 1. [RULES, FEES.] The commissioner may make
rules for the use of state parks, and charge appropriate fees
for these uses, as hereinafter specified; and for related
services and facilities, including but not limited to the
following:
(1) Provide Special parking space for automobile or other
motor-driven vehicle in any state park or state recreation area;
(2) Provide Special parking spurs and camp grounds for
automobiles and sites for tent camping and special auto trailer
coach parking spaces for the use of the individual charged for
the space according to the daily rates which shall be determined
and fixed by the commissioner consistent with the type of
facility provided for the accommodation of guests in any
particular park and with similar facilities offered for tourist
camping in the area;
(3) Improve and maintain golf courses already established
in state parks, and charge reasonable fees for the use thereof;
(4) Charge a fee for entrance to any pageant grounds which
may be created in any state park for the purpose of having
historical or other pageants conducted by the commissioner of
any other authorized agency.
When deemed necessary the commissioner, for the purpose of
better carrying out state park pageants, may stage the pageants
in any municipal park or other lands near or adjoining any state
park, and all receipts from the pageants shall be used in the
same manner as though the pageants were carried on in a state
park;
(5) Provide water, sewer, and electric service to trailer
or tent camp sites and charge a reasonable fee therefor.
Any individual age 65 or over who is a resident of the
state of Minnesota who furnishes satisfactory proof of age and
residence, a physically handicapped person with a motor vehicle
that has special plates issued under section 168.021,
subdivision 1, or a physically handicapped person who possesses
a certificate issued under section 169.345, subdivision 3, shall
be exempt from payment of one-half of the fees set pursuant to
clause 2 on Monday Sunday through Thursday of each week. Fees
paid pursuant to this section shall be deposited in the state
park maintenance and operation account in the state
treasury. Gross receipts derived from sales, rentals, or leases
of natural resources within state parks, recreation areas, and
waysides, other than those on trust fund lands, must be
deposited in the state treasury and be credited to the state
park maintenance and operation account.
Sec. 198. Minnesota Statutes 1984, section 85.05,
subdivision 2, is amended to read:
Subd. 2. [PERMITS FOR MOTOR VEHICLES.] (a) Except as
provided in clauses (b), (c), (d) and (e), no motor vehicle
shall enter or be permitted to enter any state park, state
recreation area or state wayside over 50 acres in area unless it
has affixed to its windshield in the lower right corner thereof
a permit which is provided for hereinafter. The permit shall be
totally affixed by its own adhesive to the windshield. The
commissioner shall procure permits for each calendar year which
by appropriate language shall grant permission to use any state
park, state recreation area or state wayside over 50 acres in
area. Permits for each calendar year shall be provided and
placed on sale before October November 1 next preceding, and may
be affixed and used on or at any time after that date until the
end of the calendar year for which issued. Permits in each
category shall be numbered consecutively for each year of
issue. A fee of $10 $15 shall be charged for each vehicle
permit issued for a vehicle licensed in Minnesota and $15 for a
vehicle licensed outside of Minnesota, except that for the
following: (1) permits of appropriate special design may be
sold individually at $3 for a vehicle licensed in Minnesota and
$4 for a vehicle licensed outside of Minnesota covering the use
of state parks, state recreation areas or state waysides under
such conditions as the commissioner may prescribe for a
designated period of not more than two days, and (2) special
daily vehicle permits for groups, as may be authorized by rule
adopted by the commissioner at a fee prescribed by the
commissioner. The fee collected shall be deposited in the state
park maintenance and operation account in the state treasury.
Appropriations from this account shall be for state park
maintenance and operation. Permits shall be issued by employees
of the division of parks and recreation as the commissioner of
natural resources may designate in writing and as hereinbefore
provided.
(b) The commissioner shall issue without charge an
employee's motor vehicle permit to any state employee, peace
officer, or contractor who, for the purpose of performing
official duties, must enter places where park stickers permits
are required. The peace officer, employee, or contractor shall
display the permit on the motor vehicle in the same manner as
state park stickers permits are displayed. A motor vehicle
displaying only an employee's permit may not enter a place where
park stickers permits are required if the vehicle is used for
purposes other than performing official duties.
(c) The commissioner shall issue for one-half of the fees
provided in clause (a) a motor vehicle permit to any individual
of the age of 65 years or over who furnishes satisfactory proof
of age and who is a resident of the state of Minnesota, to a
physically handicapped person with a motor vehicle that has
special plates issued under section 168.021, subdivision 1, or a
daily permit for a physically handicapped person who possesses a
certificate issued under section 169.345, subdivision 3. The
permit or the decal evidencing its issuance shall be valid only
when displayed upon the vehicle owned and occupied by the person
to whom issued.
(d) No state park permit is necessary for entry of a motor
vehicle into a state park, state monument, state recreation
area, or state wayside, on one day each calendar year which the
commissioner may designate as state park open house day for the
purpose of acquainting the public with state parks, recreation
areas, and waysides, or two days each year, if the open house is
held in conjunction with a special pageant as described in
subdivision 1. The commissioner shall announce the date of
state park open house day at least 30 days in advance of the
open house.
(e) No state park permit is necessary, nor shall any fee,
including a parking fee, be charged, for entry of a motor
vehicle into that part of Fort Snelling state park commonly
known as Fort Snelling Memorial Chapel Island.
Sec. 199. Minnesota Statutes 1984, section 85.22,
subdivision 2a, is amended to read:
Subd. 2a. [RECEIPTS, APPROPRIATION.] All receipts derived
from the rental or sale of items in state parks shall be
deposited in the state treasury and be credited to the state
parks working capital fund, which fund is annually appropriated
solely for the purchase of merchandise and payment of expenses
attributable to items for resale or rental. Annually, as of the
close of business on June 30, the unencumbered balance in excess
of $100,000 shall be cancelled into the general fund state park
maintenance and operation account.
Sec. 200. Minnesota Statutes 1984, section 85.43, is
amended to read:
85.43 [DISPOSITION OF RECEIPTS; PURPOSE.]
Fees from cross country ski licenses and permits shall be
deposited in the state treasury and credited to a cross country
ski account and may be expended only as appropriated by law for:
(a) grants-in-aid for cross country ski trails sponsored by
local units of government and special park districts as provided
in section 85.44; and
(b) maintenance, winter grooming, and associated
administrative costs for cross country ski trails under the
jurisdiction of the commissioner.
Sec. 201. [85A.001] [PURPOSE.]
It is the intent of the legislature to foster a partnership
between the private sector and the state for the purpose of
operating a zoological garden. The legislature seeks to enable
the Minnesota zoological garden to operate independently,
efficiently, and economically and to be active in soliciting
nonstate contributions.
Sec. 202. Minnesota Statutes 1984, section 85A.01,
subdivision 1, is amended to read:
Subdivision 1. The Minnesota zoological garden is hereby
established under the supervision and control of the state
zoological board which is hereby created. The board shall
consist consists of 11 15 public and private sector members
appointed by the governor having a background or interest in
zoological societies or zoo management or an ability to generate
community interest in the Minnesota zoological garden. Members
shall be appointed by the governor after consideration of a list
supplied by board members serving on a nominating committee.
Terms, compensation, and removal of members and filling of
vacancies are as provided in section 15.0575. In making
appointments, the governor shall consider, among other factors,
the ability of members to garner support for the Minnesota
zoological garden. In consultation with the Dakota county board
the governor board shall nominate and the governor shall appoint
as a twelfth member one of the 15 members of the zoo board a
resident of Dakota county who shall not vote and who may be a
member of the county board.
A member of the board may not be an employee of or have a
direct or immediate family financial interest in a business that
provides goods or services to the zoo. A member of the board
may not be an employee of the zoo.
Sec. 203. Minnesota Statutes 1984, section 85A.01,
subdivision 2, is amended to read:
Subd. 2. The board shall annually elect a chairman from
among its members a chairman and such other officers as it may
deem necessary for the performance of its duties. It shall
appoint a director to serve at its pleasure who is in the
unclassified service of the state and who shall be chosen solely
on the basis of his training, experience and other
qualifications appropriate to the field of zoo management. The
director shall act as executive secretary and appoint
administrative officers and employees of the board with the
approval of the board. With the approval of the board, he shall
exercise the powers and duties set forth in section 85A.03.
Sec. 204. Minnesota Statutes 1984, section 85A.02,
subdivision 3, is amended to read:
Subd. 3. The board may conduct research studies and
programs, collect and analyze data and prepare reports, maps,
charts and other information relating to the zoological garden
or any wild or domestic animals or may contract for any of such
services without complying with the requirements of chapter 16
16B.
Sec. 205. Minnesota Statutes 1984, section 85A.02,
subdivision 4, is amended to read:
Subd. 4. The board may appoint an advisory committee
consisting of persons who are members of zoological societies or
who have shown a background or interest in such societies or zoo
management or an ability to generate community support for the
Minnesota zoological garden.
Sec. 206. Minnesota Statutes 1984, section 85A.02,
subdivision 5, is amended to read:
Subd. 5. The board may accept and use gifts, grants or
contributions from any nonstate source or appropriations made by
the legislature for the purpose of the establishment and
operation of the zoological garden or for the establishment,
improvement or operation of facilities related thereto and
necessary therefor at the sites of other zoological gardens
owned by governmental subdivisions of the state of
Minnesota. Unless otherwise restricted by the terms of a gift
or bequest, the board may sell, exchange, or otherwise dispose
of, and invest or reinvest the money, securities, or other
property given or bequeathed to it from nonstate sources. The
principal of these funds, the income from them, and all other
revenues received by it from any nonstate source must be placed
in the depositories the board determines and is subject to
expenditure for the board's purposes. Any additional operating
expenses incurred by virtue of capital development projects must
be paid for with funds other than state appropriations.
Sec. 207. Minnesota Statutes 1984, section 85A.02, is
amended by adding a subdivision to read:
Subd. 5a. [EMPLOYEES.] (a) The board shall appoint an
administrator who shall serve as the executive secretary and
principal administrative officer of the board and, subject to
its approval, the administrator shall operate the Minnesota
zoological garden and enforce all regulations and policy
decisions of the board. The administrator must be chosen solely
on the basis of training, experience, and other qualifications
appropriate to the field of zoo management and development. The
board shall set the compensation for the administrator within
the limits established for the commissioner of human rights in
section 15A.081, subdivision 1. The administrator shall perform
duties assigned by the board and shall serve in the unclassified
service at the pleasure of the board. The board, with the
participation of the private sector, shall appoint a development
director in the unclassified service or contract with a
development consultant to establish mechanisms to foster
community participation in and community support for the
Minnesota zoological garden. The board may employ other
necessary professional, technical, and clerical personnel.
(b) The board may contract with individuals to perform
professional services and may contract for the purchases of
necessary species exhibits, supplies, services, and equipment.
Sec. 208. Minnesota Statutes 1984, section 85A.02, is
amended by adding a subdivision to read:
Subd. 5b. [EXEMPTIONS.] Except as it determines, and
except as provided in subdivisions 16 and 17, the board is not
subject to chapters 15, 15A, 16A, and 16B concerning budgeting,
payroll, and the purchase of goods or services. The board is
not subject to chapter 14 concerning administrative procedures
except sections 14.38, subdivision 7, and 14.39 to 14.43
relating to the legal status of rules and the legislative review
of rules.
Sec. 209. Minnesota Statutes 1984, section 85A.02, is
amended by adding a subdivision to read:
Subd. 5c. [FINANCIAL REPORT.] The board shall employ a
certified public accountant to audit and examine its financial
records each year. The board shall submit to the legislative
auditor a report of the accountant's examination or audit. The
legislative auditor shall review the report and accept it or
make additional examinations if these would be in the public
interest. The working papers of the certified public accountant
relating to the board must be made available to the legislative
auditor on request.
Sec. 210. Minnesota Statutes 1984, section 85A.02,
subdivision 7, is amended to read:
Subd. 7. The board may enact rules governing the efficient
protection of the Minnesota zoological garden and the related
facilities and the conduct of persons entering therein.
Notwithstanding subdivision 5b, rules shall become effective in
the manner provided by law for the promulgation of rules by
state departments and agencies. The violation of a rule
promulgated by the board under this section is a petty
misdemeanor. The board may specify that violation of a
designated rule shall be sufficient cause for ejection from the
grounds of the zoological garden.
Sec. 211. Minnesota Statutes 1984, section 85A.02,
subdivision 12, is amended to read:
Subd. 12. The board shall report to the legislature by
January 1 September 15 of each year on the activities of the
board and the operation of the zoological garden. The report
must summarize the activities of the board and the Minnesota
zoological garden over the preceding fiscal year ending June 30.
The report must be submitted together with the financial report
required by subdivision 5c.
Sec. 212. Minnesota Statutes 1984, section 85A.02,
subdivision 16, is amended to read:
Subd. 16. The board may acquire by lease-purchase or
installment purchase contract, transportation systems,
facilities and equipment that it determines will substantially
enhance the public's opportunity to view, study or derive
information concerning the animals to be located in the
zoological garden, and will increase attendance at the garden.
The contracts may provide for: (1) the payment of moneys over a
twelve year period, or over a longer period not exceeding 25
years if approved by the commissioner of administration board;
(2) the payment of money from any funds of the board not pledged
or appropriated for another purpose; (3) indemnification of the
lessor or seller for damage to property or injury to persons due
primarily to the actions of the board or its employees; (4) the
transfer of title to the property to the board upon execution of
the contract or upon payment of specified amounts; (5) the
reservation to the lessor or seller of a security interest in
the property; and (6) any other terms that the board determines
to be commercially reasonable. Property so acquired by the
board, and its purchase or use by the board, or by any
non-profit corporation having a concession from the board
requiring its purchase, shall not be subject to taxation by the
state or its political subdivisions. Each contract shall be
subject to the provisions of chapter 16 16B, relating to
competitive bidding, provided that the board is not required to
readvertise for competitive proposals for any transportation
system, facilities and equipment heretofore selected from
competitive proposals taken pursuant to section 85A.03,
subdivisions 4 and 4a subdivision 18.
Sec. 213. Minnesota Statutes 1984, section 85A.02, is
amended by adding a subdivision to read:
Subd. 17. [ADDITIONAL POWERS.] The board may establish a
schedule of charges for admission to or the use of the Minnesota
zoological garden or any related facility. The board shall have
a policy encouraging the admission of elementary school children
at no charge when part of an organized school activity. The
board may provide for the purchase, reproduction, and sale of
gifts, souvenirs, publications, informational materials, food
and beverages, and grant concessions for the sale of these items.
Sec. 214. Minnesota Statutes 1984, section 85A.02, is
amended by adding a subdivision to read:
Subd. 18. [PURCHASING.] The board may contract for
supplies, materials, purchase or rental of equipment, and
utility services. Chapter 16B does not apply to these
contracts. However, contracts shall be awarded on the basis of
competitive bids to the lowest responsible bidder, taking into
consideration conformity with the specifications, terms of
delivery, and other conditions imposed in the call for bids.
Competitive bidding is not required for purchases clearly and
legitimately limited to a single source of supply; the purchase
price may then be established by direct negotiation.
Competitive bids are not required for utility services if no
competition exists or if rates are fixed by law or ordinance.
The board may contract for consultant, professional, and
technical services without regard to sections 16B.17 and 16B.19.
Sec. 215. Minnesota Statutes 1984, section 85A.04,
subdivision 1, is amended to read:
Subdivision 1. [DEPOSIT.] All receipts from the operation
of the Minnesota zoological garden shall be deposited in the
state treasury and credited to the credit of the general a zoo
fund, except as provided in subdivision 3 and are appropriated
to the board for the operation of the Minnesota zoological
garden.
Sec. 216. [TRANSITIONS.]
The terms of all members of the state zoological board,
except the chair of the board, terminate on the effective date
of this section. The chair of the board immediately before the
effective date of this section shall be a member of the newly
constituted board and shall serve a term expiring four years
from the effective date of this section. Members of the board
before the effective date of this section shall nominate
candidates for the governor to appoint to the newly constituted
board.
Sec. 217. [SUMMER YOUTH PROGRAM.]
The zoological board may employ students to work
exclusively between June 1 and September 30 of each year. All
federal and state minimum wage laws apply, but these workers are
not considered employees of the state of Minnesota within the
meaning of section 43A.02, subdivision 21, nor are they public
employees under chapter 179A. This employment is not to exceed
40 hours per week per individual nor 12 weeks in duration. This
section is repealed September 30, 1986.
Sec. 218. [88.80] [ASPEN RECYCLING PROGRAM.]
The commissioner may establish and accelerate an aspen
recycling program to assure that marketable stands of aspen are
available on state lands and may designate priority areas on
state lands for aspen recycling.
Sec. 219. [EMERGENCY ASSISTANCE FOR LOGGERS OF STATE
TIMBER.]
Subdivision 1. [LEGISLATIVE FINDINGS.] The legislature
finds as follows that the permanent closing in 1984, without
advance warning, of Minnesota and Wisconsin plants that
processed aspen, spruce, and tamarack timber, has caused severe
distress and hardship to those loggers who depended on those
plants to purchase timber from them; and that action by the
state is necessary to prevent loggers affected by these plant
closings from being forced out of business with consequent loss
of tax revenues, loss of future income for the permanent school
fund and other trust funds, increased unemployment, reduced
competition, and deterioration of the public health and welfare.
Subd. 2. [LOGGERS WHO MAY APPLY.] A purchaser of a state
timber permit issued before January 1, 1985, in regard to
permits covering aspen or spruce timber, or issued before July
1, 1984, in regard to permits covering tamarack timber, who, on
the effective date of this section, has not cut all or any
portion of the aspen or spruce or tamarack timber from the lands
covered by the permit and who has been adversely affected by the
permanent closing in 1984 of any Minnesota or Wisconsin plant
that processed aspen, spruce, or tamarack timber, may make
written application to the commissioner of natural resources for
cancellation of any or all obligations to cut and remove any
aspen, spruce, or tamarack timber or any other timber species
covered by the permit.
Subd. 3. [TERMS OF APPLICATION.] The application to the
commissioner, which shall be in the form of an affidavit, must
show:
(1) the quantity and timber species covered by the permit
for which the permittee seeks release from permit obligations;
(2) the permittee has not cut the timber for which the
permittee is requesting release from permit obligations;
(3) the permittee is independent from any company that may
have permanently closed a timber processing plant in Minnesota
or Wisconsin during 1984;
(4) the permittee had a contract with the company operating
the plant or had a history of selling timber to that company;
(5) the permittee has no reasonable prospect that the
company will purchase aspen, spruce, or tamarack from the
permittee during the life of the permit; and
(6) the permittee has no other profitable market for aspen,
spruce, or tamarack.
Subd. 4. [CANCELLATION OF PERMITS.] If the application
meets the requirements of subdivision 2, the commissioner shall
grant the application under the following conditions:
(a) If there has been no cutting of any timber whatsoever,
and the permittee agrees, as a condition of cancellation, to
forfeit the 25 percent payment made at the time of sale in the
case of a state timber permit acquired at an auction sale under
Minnesota Statutes, section 90.151 or 90.121, or, in the case of
an informal sale, to forfeit 25 percent of the cash payment made
on a permit acquired at an informal sale under section 90.191,
with the balance to be refunded as provided by law for refunds
on informal permits, the commissioner shall grant the
application and cancel the permit.
(b) If there has been cutting of some but not all of the
timber covered by the permit, regardless of the type of permit,
and the permittee agrees, as a condition of cancellation, to
forfeit 25 percent of the appraised price of the uncut timber,
the commissioner shall grant the application and cancel the
permit.
Subd. 5. [DEADLINE FOR APPLICATION TO CANCEL.] No
obligations on any permit may be canceled by the commissioner if
the application is not received by the commissioner within 90
days from the effective date of this section.
Sec. 220. Minnesota Statutes 1984, section 97.4841,
subdivision 3, is amended to read:
Subd. 3. [FEE.] A stamp shall be issued to each small game
hunting license applicant or other person interested in
waterfowl conservation upon the payment of a fee of $3 $5.
Stamps shall be issued annually and shall be valid from March 1
through the last day of the following February.
Sec. 221. Minnesota Statutes 1984, section 97.4842,
subdivision 2, is amended to read:
Subd. 2. [FEE.] A stamp shall be issued to each fishing
license applicant or other person interested in improvement of
trout and salmon streams and lakes upon the payment of a fee
of $3 $5. Stamps shall be issued annually and shall be valid
from March 1 through the last day of the following February.
Sec. 222. [97.851] [FEES FOR ADVANCED HUNTER EDUCATION
COURSES.]
The commissioner of natural resources, with the approval of
the commissioner of finance, may impose a fee not to exceed $10
for each person attending an advanced education course of
instruction for hunters or trappers. The commissioner shall
establish the fee under section 16A.128. Fees collected under
this section must be deposited in the state treasury and
credited to the game and fish fund.
Sec. 223. Minnesota Statutes 1984, section 98.45, is
amended by adding a subdivision to read:
Subd. 9. Resident parents, legal guardians, or other
resident adults may take fish by angling without procuring a
license during the first Saturday and Sunday next following the
opening weekend of the angling season beginning in 1986 only
when in the presence of their child or ward or another child who
is under the age of 16 years. The commissioner shall take
actions feasible to publicize this second weekend of the angling
season as "Take a Kid Fishing Weekend."
Sec. 224. Minnesota Statutes 1984, section 98.46,
subdivision 2, is amended to read:
Subd. 2. Fees for the following licenses, to be issued to
residents only, shall be:
(1) to take small game, $7;
(2) to take deer with firearms, $15;
(3) to take deer with bow and arrow, $15;
(4) to take fish by angling, $6.50;
(5) combination husband and wife, to take fish by angling,
$10.50;
(6) to take moose, $140 $200 for an individual or for a
party of not to exceed four persons;
(7) to take bear only, $15 $25;
(8) to take turkeys, $10, in addition to a small game
license.
Sec. 225. Minnesota Statutes 1984, section 98.46,
subdivision 14, is amended to read:
Subd. 14. Fees for the following licenses, to be issued to
nonresidents, shall be:
(1) to take small game and unprotected quadrupeds with
firearms and bow and arrows, $35 $46;
(2) to take deer and unprotected quadrupeds with firearms,
$75 $100;
(3) to take deer and unprotected quadrupeds with a bow and
arrows only, $75 $100;
(4) to take bear, $100 $150;
(5) to take turkeys, $30, in addition to a small game
license;
(6) to hunt raccoon, bobcat, fox, coyote, or Canada lynx,
with or without dogs, $100, in addition to nonresident small
game license.
Sec. 226. Minnesota Statutes 1984, section 98.46,
subdivision 15, is amended to read:
Subd. 15. Fees for the following licenses, to be issued to
nonresidents, shall be:
(1) to take fish by angling, $15 $16;
(2) a short term individual license to take fish by angling
for seven consecutive days, $10.50 $13;
(3) a short term individual license to take fish by angling
for one day three days, $5 $10;
(4) combination husband and wife family, to take fish by
angling, $20 $27.50;
(5) for any fish house used during the winter fishing
season, $15. A fish house licensed pursuant to this subdivision
shall be identified as prescribed in subdivision 5. The house
shall be collapsible and portable, and shall at no time be left
unattended while on the ice. The provisions of section 101.42
not inconsistent herewith shall also apply to fish houses
licensed pursuant to this subdivision.
Sec. 227. Minnesota Statutes 1984, section 100.271,
subdivision 2, is amended to read:
Subd. 2. Application shall be on a form provided by the
commissioner. The commissioner shall charge a fee of $3 for
each person who makes application for a turkey license and $1
for each person who makes application for a moose license.
Sec. 228. Minnesota Statutes 1984, section 105.42, is
amended by adding a subdivision to read:
Subd. 4. Where prescribed in an approved storm water
management plan under section 473.879, the commissioner shall
issue permits to establish control elevations for landlocked
lakes up to three feet below the ordinary high water level for
the lake, if the commissioner finds that the control is
necessary to prevent flooding of homesteads and that no other
reasonable or cost-effective alternative is available.
Sec. 229. Minnesota Statutes 1984, section 115.03, is
amended by adding a subdivision to read:
Subd. 5a. [PUBLIC NOTICE FOR NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT APPLICATION.] The director must give
public notice of a completed national pollutant discharge
elimination system permit application for new municipal
discharges in the official county newspaper of the county where
the discharge is proposed.
Sec. 230. Minnesota Statutes 1984, section 115A.904, is
amended to read:
115A.904 [LAND DISPOSAL PROHIBITED.]
The disposal of waste tires in the land is prohibited after
July 1, 1985 1986. This does not prohibit the storage of
unprocessed waste tires at a collection or processing facility.
Sec. 231. Minnesota Statutes 1984, section 115A.908,
subdivision 2, is amended to read:
Subd. 2. [DEPOSIT OF REVENUE.] Revenue collected shall be
credited to the general a motor vehicle transfer fund.
Sec. 232. Minnesota Statutes 1984, section 115A.914,
subdivision 1, is amended to read:
Subdivision 1. [AGENCY RULES.] The agency shall adopt
rules for administration of waste tire collector and processor
permits, waste tire nuisance abatement, and waste tire
collection. Until December 31, 1985, the agency may adopt
emergency rules for these purposes.
Sec. 233. Minnesota Statutes 1984, section 116.07,
subdivision 4d, is amended to read:
Subd. 4d. [PERMIT FEES.] The agency may collect permit
fees in amounts not greater than those necessary to cover the
reasonable costs of reviewing and acting upon applications for
agency permits and implementing and enforcing the conditions of
the permits pursuant to agency rules. Permit fees shall not
include the costs of litigation. The agency shall adopt rules
under section 16A.128 establishing the amounts and methods of
collection of any permit fees collected under this subdivision.
Any money collected under this subdivision shall be deposited in
the general special revenue fund.
Sec. 234. Minnesota Statutes 1984, section 116.12,
subdivision 1, is amended to read:
Subdivision 1. [FEE SCHEDULES.] The agency shall establish
the fees provided in subdivisions 2 and 3 in the manner provided
in section 16A.128 to cover the amount appropriated from
the general special revenue fund to the agency for that year for
permitting, monitoring, inspection and enforcement expenses of
the hazardous waste activities of the agency.
The legislature may appropriate additional amounts from the
general fund that need not be covered by fees or may provide
that the fees shall cover only a portion of the general fund
appropriation for the hazardous waste activities of the agency,
in order to assure adequate funding for the regulatory and
enforcement functions of the agency related to hazardous waste.
All fees collected by the agency under this section shall be
deposited in the general special revenue fund.
Sec. 235. [116.46] [DEFINITIONS.]
Subdivision 1. [SCOPE.] As used in sections 236 to 239,
the terms defined in this section have the meanings given them.
Subd. 2. [AGENCY.] "Agency" means the pollution control
agency.
Subd. 3. [OPERATOR.] "Operator" means a person in control
of, or having responsibility for, the daily operation of an
underground storage tank.
Subd. 4. [OWNER.] "Owner" means a person who owns an
underground storage tank and a person who owned it immediately
before discontinuation of its use.
Subd. 5. [PERSON.] "Person" has the meaning given it in
section 116.06, subdivision 8.
Subd. 6. [REGULATED SUBSTANCE.] "Regulated substance"
means:
(1) a hazardous material listed in Code of Federal
Regulations, title 49, section 172.101; or
(2) petroleum, including crude oil or a fraction of crude
oil that is liquid at a temperature of 60 degrees Fahrenheit and
pressure of 14.7 pounds per square inch absolute.
Subd. 7. [RELEASE.] "Release" means a spilling, leaking,
emitting, discharging, escaping, leaching, or disposing from an
underground storage tank into the environment. Release does not
include designed venting consistent with the agency's air
quality rules.
Subd. 8. [UNDERGROUND STORAGE TANK.] "Underground storage
tank" means any one or a combination of containers including
tanks, vessels, enclosures, or structures and underground
appurtenances connected to them, that is used to contain or
dispense an accumulation of regulated substances and the volume
of which, including the volume of the underground pipes
connected to them, is ten percent or more beneath the surface of
the ground.
Sec. 236. [116.47] [EXEMPTIONS.]
Sections 237 and 238 do not apply to:
(1) farm or residential tanks of 1,100 gallons or less
capacity used for storing motor fuel for noncommercial purposes;
tanks of 1,100 gallons or less capacity used for storing heating
oil for consumptive use on the premises where stored;
(2) pipeline facilities, including gathering lines,
regulated under the Natural Gas Pipeline Safety Act of 1968,
United States Code, title 49, chapter 24, or the Hazardous
Liquid Pipeline Safety Act of 1979, United States Code, title
49, chapter 29;
(3) surface impoundments, pits, ponds, or lagoons;
(4) storm water or waste water collection systems;
(5) flow-through process tanks;
(6) tanks located in an underground area, including
basements, cellars, mineworkings, drifts, shafts, or tunnels, if
the storage tank is located upon or above the surface of the
floor; or
(7) septic tanks.
Sec. 237. [116.48] [NOTIFICATION REQUIREMENTS.]
Subdivision 1. [TANK STATUS.] An owner of an underground
storage tank must notify the agency by June 1, 1986, or within
30 days after installation, whichever is later, of the tank's
existence and specify the age, size, type, location, uses, and
contents of the tank on forms prescribed by the agency.
Subd. 2. [ABANDONED TANKS.] An owner of an underground
storage tank permanently taken out of service on or after
January 1, 1974, must notify the agency by June 1, 1986, of the
existence of the tank and specify or estimate to the best of the
owner's knowledge on forms prescribed by the agency, the date
the tank was taken out of service, the age, size, type, and
location of the tank, and the type and quantity of substance
remaining in the tank.
Subd. 3. [CHANGE IN STATUS.] An owner must notify the
agency within 30 days of a permanent removal from service or a
change in the reported uses, contents, or ownership of the
underground storage tank.
Subd. 4. [DEPOSIT INFORMATION.] Beginning January 1, 1986,
and until July 1, 1987, a person who deposits regulated
substances in an underground storage tank must inform the owner
or operator in writing of the notification requirement of this
section.
Subd. 5. [SELLER'S RESPONSIBILITY.] A person who sells a
tank intended to be used as an underground storage tank or
property that the seller knows contains an underground storage
tank must inform the purchaser in writing of the owner's
notification requirements of this section.
Sec. 238. [116.49] [ENVIRONMENTAL PROTECTION
REQUIREMENTS.]
Subdivision 1. [RULES.] The agency must adopt rules
applicable to all owners and operators of underground storage
tanks. The rules must establish the safeguards necessary to
protect human health and the environment. The agency may delay
adopting the rules until the United States Environmental
Protection Agency proposes regulations for regulated substances,
as defined in section 235, subdivision 6, clause (1). The
agency shall delay adopting the rules for regulated substances,
as defined in section 235, subdivision 6, clause (2), until the
United States Environmental Protection Agency publishes final
regulations for underground storage tanks, or February 8, 1987,
whichever is earlier.
Subd. 2. [INTERIM STANDARDS.] Until the rules required by
subdivision 1 become effective, a person may not install an
underground storage tank unless the tank:
(1) is installed according to requirements of the American
Petroleum Institute Bulletin 1615 (November 1979) and all
manufacturer's recommendations;
(2) is cathodically protected against corrosion,
constructed of noncorrosive material, steel clad with a
noncorrosive material, or designed in a manner to prevent the
release of any stored substance; and
(3) is constructed to be compatible with the substance to
be stored.
Sec. 239. [116.50] [PREEMPTION.]
Sections 235 to 238 preempt conflicting local and municipal
rules or ordinances requiring notification or establishing
environmental protection requirements for underground storage
tanks.
Sec. 240. Minnesota Statutes 1984, section 116C.69,
subdivision 3, is amended to read:
Subd. 3. [FUNDING; ASSESSMENT.] The board shall finance
its base line studies, general environmental studies,
development of criteria, inventory preparation, monitoring of
conditions placed on site certificates and construction permits,
and all other work, other than specific site and route
designation, from an assessment made quarterly, at least 30 days
before the start of each quarter, by the board against all
utilities. The assessment shall also include an amount
sufficient to cover 60 percent of the costs to the pollution
control agency of developing the acid deposition control plan
required by sections 116.42 to 116.45; this amount shall be
certified to the board by the executive director of the
pollution control agency. Each share shall be determined as
follows: (1) the ratio that the annual retail kilowatt-hour
sales in the state of each utility bears to the annual total
retail kilowatt-hour sales in the state of all such utilities,
multiplied by 0.667, plus (2) the ratio that the annual gross
revenue from retail kilowatt-hour sales in the state of each
utility bears to the annual total gross revenues from retail
kilowatt-hour sales in the state of all such utilities,
multiplied by 0.333, as determined by the board. The assessment
shall be credited to the general special revenue fund and shall
be paid to the state treasury within 30 days after receipt of
the bill, which shall constitute notice of said assessment and
demand of payment thereof. The total amount which may be
assessed to the several utilities under authority of this
subdivision shall not exceed the sum of the annual budget of the
board for carrying out the purposes of this subdivision plus 60
percent of the annual budget of the pollution control agency for
developing the plan required by sections 116.42 to 116.45. The
assessment for the second quarter of each fiscal year shall be
adjusted to compensate for the amount by which actual
expenditures by the board and the pollution control agency for
the preceding fiscal year were more or less than the estimated
expenditures previously assessed.
Sec. 241. Minnesota Statutes 1984, section 116C.71, is
amended by adding a subdivision to read:
Subd. 14a. [COUNCIL.] "Council" means the governor's
nuclear waste council.
Sec. 242. [116C.711] [NUCLEAR WASTE COUNCIL.]
Subdivision 1. [ESTABLISHMENT.] The governor's nuclear
waste council is established.
Subd. 2. [MEMBERSHIP.] The council shall have at least 9
members, consisting of:
(1) the commissioners of health, transportation, and
natural resources, and the director of the pollution control
agency;
(2) four citizen members appointed by the governor;
(3) the director of the Minnesota geological survey;
(4) one additional citizen from each potentially impacted
area may be appointed by the governor if potentially impacted
areas are designated in Minnesota; and
(5) one Indian who is an enrolled member of a federally
recognized Minnesota Indian tribe or band may be appointed by
the governor if potentially impacted areas are designated in
Minnesota and if those areas include Indian country as defined
in United States Code, title 18, section 11.54.
At least two members of the council must have expertise in
the earth sciences.
Subd. 3. [CHAIRPERSON.] A chairperson shall be appointed
by the governor from the members of the council.
Subd. 4. [ADVISORY TASK FORCE.] The council may create
advisory task forces under section 15.014, as are necessary to
carry out its responsibilities under chapter 116C.
Subd. 5. [MEMBERSHIP REGULATION.] Section 15.059 governs
terms, compensation, removal, and filling of vacancies of
members appointed by the governor. Section 15.059, subdivision
5, does not govern the expiration date of the council.
Sec. 243. [116C.712] [POWERS AND DUTIES.]
Subdivision 1. [DUTY.] The council's duty is to monitor
the federal high-level radioactive waste disposal program under
the Nuclear Waste Policy Act, Public Law Number 97-425 and
advise the governor and the legislature on all policy issues
relating to the federal high-level radioactive waste disposal
program.
Subd. 2. [EXPIRATION DATE.] The council terminates when
the department of energy eliminates Minnesota from further
siting consideration for disposal of high-level radioactive
waste.
Subd. 3. [COUNCIL STAFF.] Staff support for council
activities must be provided by the state planning agency. State
departments and agencies must cooperate with the council in the
performance of its duties. Upon the request of the chairperson
of the council, the governor may, by order, require a state
department or agency to furnish assistance necessary to carry
out the council's functions under chapter 116C.
Subd. 4. [FEDERAL AND OTHER FUNDS.] The chairperson of the
council may apply for, receive, and expend money made available
from federal sources or other sources for the purpose of
carrying out the council's responsibilities under chapter 116C.
Sec. 244. Minnesota Statutes 1984, section 116C.723, is
amended to read:
116C.723 [DISPOSAL STUDIES CONSULTATION AND COOPERATION
AGREEMENT.]
Subdivision 1. [REQUIREMENT.] Upon notice from the
department of energy that Minnesota contains a potentially
impacted area, the chairperson of the council shall negotiate a
consultation and cooperation agreement with the federal
government.
Subd. 2. [DISPOSAL STUDIES.] Unless the state has executed
a consultation and cooperation agreement, a person may not make
a study or test of a specific area or site related to disposal
including an exploratory drilling, a land survey, an aerial
mapping, a field mapping, a waste suitability study, or other
surface or subsurface geologic, hydrologic, or environmental
testing or mapping.
Sec. 245. Minnesota Statutes 1984, section 116C.724, is
amended to read:
116C.724 [CONSULTATION AND COOPERATION AGREEMENT FIELD
INVESTIGATIONS, TESTS, AND STUDIES.]
Subdivision 1. [REQUIREMENT.] Upon notice from the
department of energy that Minnesota contains a potentially
impacted area, the board shall negotiate a consultation and
cooperation agreement with the federal government.
Subd. 2. [CONDITIONS DRILLING.] (a) The consultation and
cooperation agreement shall include but not be limited to the
conditions specified in this subdivision.
(b) A permit shall be required obtained from the
environmental quality board, in accordance with chapter 14, for
all any geologic and hydrologic drilling related to disposal.
Conditions of obtaining and retaining the permit shall require
must be specified by rule and must include:
(1) compliance with state drilling and drill hole
restoration regulations as an exploratory boring under chapter
156A;
(2) proof that access to the test site has been obtained by
a negotiated agreement or other legal process;
(3) payment by the permittee to pay of a fee covering the
costs of processing and monitoring drilling activities;
(4) unrestricted access by the commissioner of health, the
commissioner of natural resources, the director of the pollution
control agency, the director of the Minnesota geological survey,
the county health officer, and their employees and agents to the
drilling sites to inspect and monitor the drill holes, drilling
operations, and abandoned sites, and to sample air and water
that may be affected by drilling;
(5) submission of splits or portions of a core sample,
requested by the commissioner of natural resources or director
of the Minnesota geological survey, except that the commissioner
or director may accept certified data on the sample in lieu of a
sample if certain samples are required in their entirety by the
permittee; and
(6) that a sample submitted may become property of the
state.
(c) Subd. 3. [OTHER REQUIREMENTS.] (a) A person who
conducts geologic, hydrologic, or geophysical testing or studies
shall provide unrestricted access to both raw and interpretive
data to the chairman and the director of the Minnesota
geological survey or their designated representatives. The raw
and interpretive data includes core samples, well logs, water
samples and chemical analyses, survey charts and graphs, and
predecisional reports. Studies and data shall be made available
within 90 30 days of a formal request by the chairman.
(d) (b) A person proposing to investigate shall hold at
least one public meeting before a required permit is issued, and
during the investigation at least once every six three months,
during the investigation within the potentially impacted area.
The meetings shall provide the public with current information
on the progress of the investigation. The person investigating
shall respond in writing to the environmental quality board
about concerns and issues raised at the public meetings.
(e) (c) Before a person engages in negotiations regarding
property interests in land or water, or permitting activities,
the person shall notify the chairman in writing. Copies of
terms and agreements shall also be provided to the chairman.
Sec. 246. Minnesota Statutes 1984, section 116J.36,
subdivision 6, as amended by Laws 1985, chapter 289, section 8,
is amended to read:
Subd. 6. [LOANS, DISTRICT HEATING AND QUALIFIED ENERGY
IMPROVEMENTS.] Upon the recommendation of the authority pursuant
to subdivision 8, the commissioner of finance shall make loans
to municipalities on the following terms:
(a) In the case of loans for design costs, the maximum
amount of the loan shall be limited by the provisions of this
clause. For cities of the first class and counties containing a
city of the first class, individually or through the exercise of
joint powers agreements, the amount of the loan shall not exceed
40 percent of the design costs. For counties containing one
city of the first class not exceeding 100,000 inhabitants, the
amount of the loan for that portion of the county excluding the
city of the first class shall not exceed 80 90 percent of the
design costs. For cities of the second, third and fourth class,
and other municipalities, the amount of the loan shall not
exceed 90 percent of the design costs;
(b) In the case for loans for construction costs, a
municipality must demonstrate that all design activities have
been completed; that the project or improvement is economically
and technologically feasible; that the district heating system
or qualified energy improvement will be constructed, and that it
has made adequate provisions to assure proper and efficient
operation and maintenance of the project or improvement. For
cities of the first class and counties containing a city of the
first class, individually or through the exercise of joint
powers agreements, the amount of the loan shall be up to 50
percent of the construction costs. For counties containing one
city of the first class not exceeding 100,000 inhabitants, the
amount of the loan for that portion of the county excluding the
city of the first class shall not exceed 80 90 percent of the
construction costs. For cities of the second class, the amount
of the loan shall be up to 80 percent of the construction
costs. For cities of the third or fourth class, and other
municipalities, the amount of the loan shall be up to 90 percent
of the construction costs.
(c) A loan made pursuant to this section is repayable over
a period of not more than 20 years from the date the loan is
made. Interest shall accrue from the date of the loan at a rate
of interest assigned at the date of loan commitment, but the
first payment of interest shall not be due until one year after
the loan was made. Principal payments shall begin not more than
five years after receipt of the loan on a level payment
schedule. The loan may be amortized in accordance with
repayment schedules not exceeding 25 years in length. Any
outstanding balance of the principal at the end of the repayment
period must be repaid along with the final scheduled payment.
Interest attributable to the first year of deferred payment
shall be amortized in equal periodic payments over the remainder
of the term of the loan. For each loan, the initial deposit to
the state bond fund required by section 16A.65, subdivision 1,
shall be made by the commissioner of finance, and no loan may be
refused solely because the municipality does not provide the
initial deposit.
(d) The authority may also pledge a segregated portion of
the energy development fund to guarantee or insure bonds and
notes, or the interest rate thereon, issued by the commissioner
of finance on behalf of the state of Minnesota for purposes of
section 116J.36 or 116J.37.
Sec. 247. Minnesota Statutes 1984, section 116J.76, is
amended to read:
116J.76 [GENERAL FUNCTIONS; POWERS AND DUTIES.]
The bureau, by and through the director or his duly
authorized employees, shall have the following functions,
powers, and duties:
(a) Providing comprehensive information on licenses
required for business undertakings, projects, and activities in
the state and making the information available to applicants and
other persons;
(b) Providing interested persons with an opinion as to the
number, kind, and source of required licenses and potential
difficulties in obtaining the licenses, based on a review of a
potential applicant's business concept at an early stage in its
planning;
(c) Developing with the assistance of other departments a
master application procedure to expedite the identification and
processing of these licenses;
(d) Facilitating or recommending consolidation of hearings
required pursuant to licensing applications when feasible and
advantageous;
(e) Encouraging and facilitating the participation of
federal and local government agencies in licensing coordination;
(f) Making recommendations for eliminating, consolidating,
simplifying, expediting, or otherwise improving licensing
procedures affecting business undertakings; and
(g) Serving as an advocate for small business license
applicants with state, federal, and local agencies in the
process of applying for licenses and complying with licensing
standards and requirements; and
(h) Adopting rules, procedures, instructions, and forms as
are required to carry out the functions, powers, and duties
imposed upon the bureau by sections 116J.73 to 116J.86.
Sec. 248. [116J.94] [COUNCIL ON BIOTECHNOLOGY.]
Subdivision 1. [MEMBERSHIP.] The council on biotechnology
consists of 15 voting members appointed by the commissioner of
energy and economic development as follows: six members
representing public and private post-secondary education, seven
members of the business or financial community, and two members
representing state agencies.
Subd. 2. [TERMS, COMPENSATION, EXPIRATION.] Terms,
compensation, and removal of members and expiration of the
council are governed by section 15.059.
Subd. 3. [STAFF.] The council shall hire an executive
director in the unclassified service. The commissioner of
energy and economic development shall provide the council with
administrative staff and other administrative support.
Subd. 4. [DUTIES.] (a) The council shall develop a
strategic plan to facilitate economic expansion in the state by
encouraging biotechnology-related developments. The plan must
include recommendations for legislation required to encourage
biotechnology-related development and must be submitted to the
legislature by December 1, 1986.
(b) The council shall advise the governor, legislature,
other governmental units, and institutions of higher education
on matters relating to biotechnology that may affect the state
and its citizens.
(c) The council shall develop a long-range biotechnology
strategy for the state.
(d) The council shall recommend activities needed to
promote economic development through biotechnology, including
the needs of higher education and business.
(e) The council shall facilitate the interaction and
information exchange on biotechnology among the business and
financial communities and the state's higher education
institutions.
(f) The council may accept gifts and grants in furtherance
of its duties.
Sec. 249. Minnesota Statutes 1984, section 116M.03,
subdivision 17, is amended to read:
Subd. 17. [FUNDS.] "Funds" means the group of funds
controlled by the authority, including the economic development
fund created by section 116M.06, subdivision 4, the energy loan
insurance fund account created by section 116M.11, and the
energy development fund account created by section 116M.12, and
other accounts created to reflect the money deposited in the
state treasury and under the control of the authority.
Sec. 250. Minnesota Statutes 1984, section 116M.03, is
amended by adding a subdivision to read:
Subd. 27. [COST EFFECTIVE.] Except for qualified energy
projects for conservation of energy, "cost effective" means that
the present value of a project's benefits exceeds the present
value of its costs over the life of the project. Only the costs
and benefits that can be quantified in dollars may be included
in determining whether a project is cost-effective. The
discount rate used in determining present value must include the
time value and incremental carrying cost of money. For
qualified energy projects for conservation of energy, a project
is cost-effective when it has a payback period of ten years or
less and the payback period is less than the useful life of the
project.
Sec. 251. Minnesota Statutes 1984, section 116M.04,
subdivision 8a, is amended to read:
Subd. 8a. The energy and economic development authority
shall be named as an assignee of the rights of a state funded
community development corporation on any loan or other evidence
of debt provided by a community development corporation to a
private enterprise. The assignment of rights shall provide that
it will be effective upon the dormancy or cessation of existence
of the community development corporation. "Dormancy" for the
purpose of this section means the continuation of the
corporation in name only without any functioning officers or
activities. Upon the cessation of the activities of a state
funded community development corporation, any assigned moneys
paid to the energy and economic development authority shall be
deposited into the community development corporation economic
development fund to be used for the purposes as set out in
chapter 116M.
Sec. 252. Minnesota Statutes 1984, section 116M.04,
subdivision 9, is amended to read:
Subd. 9. Factors considered by the authority in approving
a grant to a community development corporation should include
the creation of employment opportunities, the maximization of
profit and the effect on securing funds money from sources other
than the state.
Sec. 253. Minnesota Statutes 1984, section 116M.05,
subdivision 8, is amended to read:
Subd. 8. [REVOLVING FUND ACCOUNT.] The certified state
development company may charge a one time processing fee up to
the maximum allowed by the small business administration on a
debenture issued for loan purposes. In addition, a fee for
servicing loans may be imposed up to the maximum allowed by the
small business administration based on the unpaid balance of
each debenture. There is created in the state treasury a
dedicated account in the economic development fund to receive
these fees and into which these fees shall be deposited. Moneys
in the dedicated fund account are appropriated to the energy and
economic development authority to pay the costs of
administration of the program, compensate members of the board
of directors pursuant to section 15.0575, subdivision 3, and to
create and operate a pool of funds money for investment in
projects which further the purposes of this section.
Sec. 254. Minnesota Statutes 1984, section 116M.06,
subdivision 2, is amended to read:
Subd. 2. [USE OF FUNDS.] The authority may use the energy
loan insurance fund account as provided in section 116M.11. The
authority may use the economic development fund in connection
with small business loans, pollution control loans, and farm
loans to provide financial assistance to eligible small
businesses; it may use the economic development fund in
connection with business loans when the loans are made as a part
of the special assistance program under section 116M.07,
subdivision 11; and the authority may use the energy development
fund account in connection with energy loans to provide
financial assistance to businesses; as follows:
(a) to provide loan guarantees or insurance, in whole or in
part, to businesses in connection with business loans, small
business loans, energy loans, farm loans, or pollution control
loans;
(b) to provide direct loans to businesses in connection
with business loans, small business loans, energy loans, farm
loans, or pollution control loans;
(c) to participate in other investment programs as
appropriate under the terms of this chapter and chapters 472 and
474;
(d) to purchase loan packages made to businesses by
financial institutions in the state in connection with business
loans, small business loans, energy loans, farm loans, or
pollution control loans;
(e) to enter into or to pay fees on insurance contracts,
letters of credit, municipal bond insurance, surety bonds, or
similar obligations and other agreements or contracts with
financial institutions or providers of similar services;
(f) to guarantee or insure bonds and notes issued by the
authority, in whole or in part;
(g) to make interest subsidy payments on behalf of eligible
small businesses to be applied to the payment of interest on
bonds or notes of the authority equal to the difference in
interest payable on loans and the interest payable on bonds or
notes of the authority where the proceeds of these bonds or
notes are used to make or participate in making these loans;
(h) for any legal purpose or program of the authority,
including without limitation the payment of the cost of issuing
authority bonds and notes and authority administrative costs and
expenses, but not for personnel costs of positions in the
approved complement of the department or the authority.
In addition, the authority may use the economic development
fund to purchase, lease, or license technology-related products
for education or training or to participate in programs where
technology-related products are purchased, leased, or licensed.
The authority may create separate accounts within any of
the funds for use in accordance with the separate purposes
listed in this section and may irrevocably pledge and allocate
moneys on deposit in any of the funds to the accounts for the
purposes. The authority may make contracts with note and bond
holders, trustees for them, financial institutions, or other
persons interested in the disposition of moneys in the funds or
their accounts with respect to the conditions upon which money
in any fund or its accounts is to be held, invested, applied,
and disposed of and the use of the fund and its accounts and the
termination of accounts. The authority may determine to
leverage amounts in accounts to be used to guarantee or insure
bonds and notes of the authority or loans to businesses and may
covenant as to the rate of leveraging with holders of the
authority's bonds and notes or any trustee for them, financial
institutions, or other persons. Money in the funds and their
accounts shall, consistent with contracts with holders of the
authority's bonds and notes or any trustee for them, financial
institutions, or other interested persons, be invested in
accordance with section 116M.08, subdivision 15, and the
investment income from them, absent contractual provisions to
the contrary, shall be added to and retained in the funds or
their accounts if provided by the authority. The repayments to
the authority of any direct loans made by the authority from
money in the funds or their accounts shall be paid by the
authority into the particular fund that was used in conjunction
with the loan being repaid, or, as provided by the authority,
into an another account. The authority may collect fees,
initially or from time to time, or both, with respect to any
direct loan it extends or any insurance or guarantee it grants.
The authority may enter into contracts and security instruments
with businesses, with bond and note holders or any trustee for
them, or financial institutions or other persons to provide for
and secure the repayment to the authority of money provided by
the authority from the funds or their accounts for direct loans
or which have been paid by the authority from the a fund or
accounts account pursuant to an authority guarantee or insurance.
The state covenants with all holders of the authority's
bonds and notes, financial institutions, and other persons
interested in the disposition of money in the funds or their
accounts, which money the authority has irrevocably pledged and
allocated for any authorized purpose described in this
subdivision, that the state will not take any action to limit
the effect of the pledge and allocation and will not take any
action to limit the effect of contracts entered into as
authorized in this subdivision with respect to the pledge and
allocation and will not limit or alter the rights vested in the
authority or the state to administer the application of money
pursuant to the pledge and allocation and to perform its
obligations under the contracts. The authority may include and
recite this covenant of the state in any of its bonds or notes
benefitting from the pledge and allocation or contracts or
related documents or resolutions.
Sec. 255. Minnesota Statutes 1984, section 116M.06,
subdivision 5, is amended to read:
Subd. 5. [WASTE TIRE RECYCLING ACCOUNT.] There is created
within the economic development fund a waste tire recycling
account. Money in the account is appropriated to the authority
for the purpose of making waste tire recycling loans and grants.
Sec. 256. Minnesota Statutes 1984, section 116M.07,
subdivision 2, is amended to read:
Subd. 2. [LOANS; LIMITATIONS.] The authority may make or
purchase or participate with financial institutions in making or
purchasing small business loans not exceeding $1,000,000 in
principal amount with respect to small business loans made or
purchased by the authority and not exceeding $1,000,000
principal amount with respect to the authority's share thereof
when the authority participates in making or purchasing small
business loans.
With respect to loans that the authority makes or purchases
or participates with, the authority may determine or provide for
their servicing, the percentage of authority participation, if
any, the times the loans or participations shall be payable and
the amounts of payment, their amount and interest rates, their
security, if any, and other terms, conditions, and provisions
necessary or convenient in connection with them and may enter
into all necessary contracts and security instruments in
connection with them. The authority shall obtain the best
available security for all loans. The authority may provide for
or require the insurance or guaranteeing of the loans or
authority participations in whole or in part by the federal
government or a department, agency, or instrumentality of it, by
an appropriate account created with respect to the economic
development fund in connection with business loans, small
business loans, pollution control loans, and farm loans, and
with respect to the energy development fund account in
connection with energy loans, or by a private insurer. In
connection with making or purchasing business loans or
participations in them, the authority may enter into commitments
to purchase or participate with financial institutions or other
persons upon the terms, conditions, and provisions determined by
it. Loans or participations may be serviced by financial
institutions or other persons designated by the authority. The
dollar limitations contained in this subdivision do not apply to
energy loans and loans insured under sections 116M.11 and
116M.12.
Sec. 257. Minnesota Statutes 1984, section 116M.07,
subdivision 4, is amended to read:
Subd. 4. [DIRECT FARM LOANS; LIMITATIONS.] The authority
may make farm loans not exceeding $100,000 in principal amount,
at interest rates and subject to terms determined by the
authority, provided that each loan shall be made only from the
proceeds of a bond or note payable in whole or part from the
repayments of principal and interest on the loan. The loans may
also be guaranteed or insured by money on deposit in the
economic development fund or any special account of it, and may
be secured by reserve funds accounts and other collateral and
available money as determined by the authority. The authority
may enter into all necessary contracts and security instruments
in connection with them. The limitation on loan amounts in this
subdivision does not apply to any other loan authorized under
the Minnesota Energy and Economic Development Authority Act.
Sec. 258. Minnesota Statutes 1984, section 116M.07,
subdivision 8, is amended to read:
Subd. 8. [POLLUTION CONTROL LOANS.] The authority may make
or purchase or participate in making or purchasing pollution
control loans in any amount, which may be secured in whole or
part by the guarantee or insurance of the federal government or
any federal department, agency, or instrumentality, by a private
insurer, from guarantees or insurance provided by the economic
development fund or any special account of it, by reserves,
moneys, funds, or other collateral required by the authority or
any combination of the foregoing. To the extent consistent with
this subdivision, the authority may make or purchase or
participate in the making or purchasing of pollution control
loans in the manner provided in subdivision 2 or 4 with respect
to business loans.
Sec. 259. Minnesota Statutes 1984, section 116M.07,
subdivision 9, is amended to read:
Subd. 9. [HAZARDOUS WASTE PROCESSING FACILITY LOANS.] The
authority may make, purchase, or participate in making or
purchasing hazardous waste processing facility loans in any
amount, and may enter into commitments therefor. A private
person proposing to develop and operate a hazardous waste
processing facility is eligible to apply for a loan under this
subdivision. Applications must be made to the authority. The
authority shall forward the applications to the waste management
board for review pursuant to section 115A.162. If the waste
management board does not certify the application, the authority
may not approve the application nor make the loan. If the waste
management board certifies the application, the authority shall
approve the application and make the loan if funds are money is
available for it and if the authority finds that:
(1) development and operation of the facility as proposed
by the applicant is economically feasible;
(2) there is a reasonable expectation that the principal
and interest on the loan will be fully repaid; and
(3) the facility is unlikely to be developed and operated
without a loan from the authority.
The authority and the waste management board shall
establish coordinated procedures for loan application,
certification, and approval.
The authority may use the economic development fund to
provide financial assistance to any person whose hazardous waste
processing facility loan application has been certified by the
waste management board and approved by the authority, and for
this purpose may exercise the powers granted in section 116M.06,
subdivision 2, with respect to any loans made or bonds issued
under this subdivision regardless of whether the applicant is an
eligible small business.
The authority may issue bonds and notes in the aggregate
principal amount of $10,000,000 for the purpose of making,
purchasing, or participating in making or purchasing hazardous
waste processing facility loans. This amount is in addition to
any other authority to issue bonds and notes under this chapter.
The authority may adopt emergency rules under sections
14.29 to 14.36 to implement the loan program under this
subdivision. Emergency rules adopted by the authority remain in
effect for 360 days or until permanent rules are adopted,
whichever occurs first.
Sec. 260. Minnesota Statutes 1984, section 116M.07,
subdivision 11, is amended to read:
Subd. 11. [SPECIAL ASSISTANCE PROGRAM.] (a) The authority
may operate a special assistance program and may designate
certain businesses as being in need of special assistance. In
connection with the special assistance program the authority may
borrow money and may issue negotiable bonds and notes in
accordance with section 116M.08, subdivisions 11 and 12.
Notwithstanding any provision to the contrary in section
116M.08, subdivision 11, the aggregate principal amount of the
authority's bonds and notes outstanding at any one time and
issued in connection with the special assistance program,
excluding the amount satisfied and discharged by payment and
deducting amounts held in debt service reserve funds accounts
and amounts used to make loans guaranteed or insured by the
federal government or a department, agency, or instrumentality
of the federal government or by a private insurer or guarantor
authorized to do business in the state of Minnesota and
acceptable to the authority, shall not exceed $10,000,000.
(b) No business shall be eligible to receive special
assistance unless the authority has first passed a resolution
designating the business as being in need of special
assistance. The resolution shall include findings that the
designation and receipt of the special assistance will be of
exceptional benefit to the state of Minnesota in that at least
three of the following criteria are met:
(1) in order to expand or remain in Minnesota, the business
has demonstrated that it is unable to obtain suitable financing
from other sources;
(2) special assistance will enable a business not currently
located in Minnesota to locate a facility within Minnesota which
directly increases the number of jobs within the state;
(3) the business will create or retain significant numbers
of jobs within a community in Minnesota;
(4) the business has a significant potential for growth in
jobs or economic activities within Minnesota within the ensuing
five-year period; and
(5) the business will maintain a significant level of
productivity within Minnesota within the ensuing five-year
period.
(c) Special assistance may include:
(1) a business loan;
(2) a small business loan; or
(3) use of moneys in the economic development fund to
provide financial assistance to businesses in accordance with
section 116M.06, subdivision 2, except that section 116M.06,
subdivision 2, clause (g), shall apply only to eligible small
businesses.
Sec. 261. Minnesota Statutes 1984, section 116M.07,
subdivision 13, is amended to read:
Subd. 13. [LOANS TO LENDERS OF FARM LOANS.] The authority
may make to financial institutions loans-to-lenders to
provide funds money to lenders to make or participate in making,
or to reimburse lenders for having made or participating in
having made, farm loans of a nature and for purposes as may be
approved by the authority. In connection with a loan to a
lender, the authority may adopt a plan for the various
loan-to-lender programs it may determine to pursue. In
connection with a loan-to-lender program, in addition to any
other powers the authority has, the authority has the following
powers:
(a) The authority may limit the type of loan to be included
within a loan-to-lender program and may specify the necessary
characteristics of loans to be included in the program.
(b) The authority may specify the type of lenders that may
participate in a loan-to-lender program.
(c) The authority may invest in, purchase, participate in
the purchase, make commitments for the purchase or participation
in the purchase, and take assignments from lenders of loans.
(d) The authority may make loans and commitments for
loans-to-lenders.
(e) The authority may require that no loan or interest in a
loan purchased from a lender is eligible for purchase or
commitment to purchase by the authority unless, at or before the
time of transfer of the loan to the authority, the lender
certifies that in its judgment the loan would in all respects be
a prudent investment at the purchase price paid.
(f) The authority may require, as a condition of a loan to
a lender, that the lender invests the proceeds of the loan to a
lender in loans of a given type, nature, and purpose and upon
the terms and conditions and secured as the authority may
require.
(g) The authority may require, as a condition of purchase
or commitment to purchase loans or interest in loans, that these
loans are made upon the terms and conditions and secured as the
authority may require, and that the proceeds of the purchase, or
their equivalent, be invested in loans upon the terms and
conditions and secured as the authority may require.
(h) In conjunction with the purchase of these loans or
interest in these loans from lenders, the authority may require
the lender to furnish collateral security in an amount as the
authority shall determine to be necessary to assure the payment
of these loans and interest in these loans as the loans become
due. This collateral security may consist of obligations,
mortgages, or security interests satisfactory to the authority.
(i) The authority may require that each loan to a lender is
a general obligation of the lender and may be additionally
secured as to payment of both principal and interest by a pledge
of and lien upon collateral security in an amount and of the
types as the authority determines to be necessary to assure the
payment of these loans and the interest on these loans as the
loans become due and payable.
(j) Subject to any agreement with holders of bonds, the
authority may collect, enforce the collection of, and foreclose
on any collateral required by (h) and (i) of this subdivision
and acquire or take possession of the collateral and sell it at
public or private sale, with or without public bidding, and
otherwise deal with the collateral as may be necessary to
protect the interest of the authority in the collateral.
(k) In addition to the other powers granted by (j), the
authority may, with respect to loan purchases and
loans-to-lenders, collect and pay reasonable fees and charges
and establish the terms and conditions of loan purchases and
loans-to-lenders, including, without limitation, terms and
conditions as to:
(1) reinvestment and commitments to reinvest by lenders of
the proceeds of loan purchase or loans;
(2) the type, term, interest rate, purchase price, and
conditions of loans to be purchased by the authority and of
loans to be made by lenders;
(3) the warranties, representations, and services of
lenders;
(4) restrictions as to the interest rates of loans or the
return realized from loans to protect against the realization by
lenders of excessive financial returns or benefits as determined
by prevailing market conditions;
(5) consent to the modification of the rate of interest,
time of payment of an installment of principal or interest, or
other terms of a loan, loan-to-lender, or agreement of any kind
to which the authority is a party;
(6) include in a loan or loan-to-lender the amounts
necessary to pay financing charges, consultant, advisory, and
legal fees, and other expenses, including interest charges, as
are necessary or incidental to the loan or loan-to-lender;
(7) make and execute agreements, contracts, and other
instruments necesssary or convenient in accordance with the
provisions of this subdivision, including contracts with any
person, firm, public corporation, governmental agency, or other
entity; and
(8) other matters related to the purchases of loans and
loans-to-lenders deemed necessary by the authority to accomplish
the purposes of this subdivision.
(l) The authority may require in the case of a lender that
any required collateral is lodged with a bank or trust company,
located either within or outside the state, designated by the
authority as custodian for the collateral. In the absence of
this requirement, the authority may require that each lender
enters into an agreement with the authority, that contains
provisions as the authority deems necessary to identify,
maintain, and service the collateral, and that provides that the
lender holds the collateral as trustee for the benefit of the
authority and is held accountable as the trustee of an express
trust for the application and disposition of the collateral,
including the income and proceeds from the collateral, solely
for the uses and purposes as provided in the agreement. A copy
of the agreement and any revisions or supplements to it, which
revisions or supplements may, among other things, add to, delete
from, or substitute items of collateral pledged by the
agreement, must be filed with the secretary of state to perfect
the security interest of the authority in the collateral. No
filing, recording, possession, or other action under article 9
of the uniform commercial code, or any other law of this state
may be required to perfect the security interest of the
authority in the collateral. The security interest of the
authority in the collateral is deemed perfected, and the trust
for the benefit of the authority so created is binding on and
after the time of the filing with the secretary of state against
all parties having prior unperfected or subsequent security
interests or claims of any kind in tort, in contract, or
otherwise against the lender. The authority may also establish
additional requirements as it deems necessary with respect to
the pledging, assigning, setting aside, or holding of collateral
and the making of substitutions for the collateral or additions
to the collateral and the disposition of income and receipts
from the collateral.
Sec. 262. Minnesota Statutes 1984, section 116M.08,
subdivision 11, is amended to read:
Subd. 11. It may borrow money to carry out and effectuate
its purposes and may issue its negotiable bonds or notes as
evidence of any such borrowing in accordance with sections
462A.08 to 462A.13, 462A.16 and 462A.17, all with the force and
effect stated and the incidental powers granted and duties
imposed in those sections. The bonds and notes may be issued
pursuant to a trust indenture that is substantially identical to
a resolution pursuant to which the authority issues bonds and
notes as provided in sections 462A.08 to 462A.13, 462A.16, and
462A.17, except that the authority may pledge money and
securities to a trustee for the security of the holders of bonds
and notes. The authority may refund bonds and notes and may
guarantee or insure its bonds and notes in whole or in part with
money from the funds or an account created by the authority for
that purpose. The aggregate principal amount of the authority's
bonds and notes outstanding at any one time, excluding the
amount satisfied and discharged by payment or provision for
payment in accordance with their terms, and deducting amounts
held in debt service reserve funds accounts therefor and amounts
used to make loans guaranteed or insured by the federal
government or a department, an agency or instrumentality of the
federal government or by a private insurer or guarantor
authorized to do business in the state of Minnesota and
acceptable to the authority, shall not exceed $30,000,000 unless
authorized by another law.
Sec. 263. Minnesota Statutes 1984, section 116M.08,
subdivision 12, is amended to read:
Subd. 12. It may issue and sell bonds, notes, and other
obligations payable solely from particular moneys, assets, or
revenues derived from its programs, or any loan, notwithstanding
section 462A.08, subdivision 3. Obligations issued to
participate in making or purchasing loans shall be payable
solely from revenues derived by the authority from repayments of
these loans and from enforcement of the security therefor, or
from a debt service reserve fund account or funds accounts, or
from a general reserve fund account or from a segregated portion
thereof, or from other funds money or security specifically
pledged by the authority, irrevocably pledged and appropriated
to pay principal and interest due, for which other funds are
money is not available. A general reserve fund account is
created and is eligible to receive direct appropriations from
the state treasury or a transfer from any of the funds accounts
as the authority may provide by resolution. The authority may
irrevocably pledge and appropriate all or a segregated portion
of the general reserve fund account to pay principal and
interest due on all or one or more series of its obligations for
which other funds are money is not available, pursuant to the
terms and conditions that the authority shall determine. Until
so pledged and appropriated by the authority the general reserve
fund account shall not be available to pay principal and
interest on the authority's obligations. The authority may at
its option provide by resolution that obligations issued to
participate in making or purchasing loans be secured at the time
of issuance in whole or in part by a debt service reserve fund
account or funds accounts, a portion of the general reserve fund
account segregated to secure one or more series of bonds, or the
portion of the general reserve fund account not segregated to
secure one or more series of bonds. The operation of the debt
service reserve fund account or funds accounts or a segregated
portion of the general reserve fund account and other relevant
terms or provisions shall be determined by resolution or
indenture of the authority. Obligations issued to make or
purchase loans may be issued pursuant to an indenture of trust
or a resolution of the authority. It may pledge to holders of
obligations, or to a trustee, repayments from the loans, any
security or collateral for them, contract rights with respect to
them, and any other funds money or security specifically pledged
by the authority for them.
Sec. 264. Minnesota Statutes 1984, section 116M.08,
subdivision 14, is amended to read:
Subd. 14. It may establish and collect reasonable interest
and amortization payments on loans, and in connection therewith
may establish and collect or authorize the collection of
reasonable fees and charges or require funds money to be placed
in escrow, sufficient to provide for the payment and security of
its bonds, notes, commitments and other obligations and for the
servicing thereof, to provide reasonable allowances for or
insurance against losses which may be incurred and to cover the
cost of issuance of obligations and technical, consultative, and
project assistance services.
Sec. 265. Minnesota Statutes 1984, section 116M.08,
subdivision 15, is amended to read:
Subd. 15. It may cause any funds money not required for
immediate disbursement, including the general reserve fund
account, to be invested in direct obligations of or obligations
guaranteed as to principal and interest by the United States, or
in insured savings accounts, up to the amount of the insurance,
in any institution the accounts of which are insured by the
federal savings and loan insurance corporation or to be
deposited in a savings or other account in a bank insured by the
federal deposit insurance corporation or to be invested in time
certificates of deposit issued by a bank insured by the federal
deposit insurance corporation and maturing within one year or
less and in the investments described in section 11A.24,
subdivision 4, except clause (d) of subdivision 4. It may
deposit funds money in excess of the amount insured with
security as provided in chapter 118. Notwithstanding the
foregoing, it may invest and deposit funds money into accounts
established pursuant to resolutions or indentures securing its
bonds or notes in such investments and deposit accounts or
certificates, and with such security, as may be agreed therein
with the holders or a trustee for the holders.
Sec. 266. Minnesota Statutes 1984, section 116M.10,
subdivision 8, is amended to read:
Subd. 8. [PLANNING AND REPORTS.] (a) The authority shall
adopt a plan to use as the basis for its investment decisions.
(b) By the start of the 1984 legislative session, the
authority shall have (1) identified various nongovernmental
funding sources; (2) provided for the efficient administration
of its affairs; (3) solicited public comment on its plans; and
(4) prepared recommendations as to appropriate reserve and
guarantee fund levels required by sections 116M.09 to 116M.13.
(c) The authority shall annually report not later than
February 1 to the legislature. The report should contain
recommendations for legislation as necessary to better
coordinate its activities and the energy activities of state
government.
Sec. 267. [116M.105] [ENERGY FUND.]
An energy fund is created in the state treasury under the
control of the authority. Money in the fund is appropriated to
the authority to accomplish the authority's purposes.
Sec. 268. Minnesota Statutes 1984, section 116M.11, is
amended to read:
116M.11 [ENERGY LOAN INSURANCE PROGRAM.]
Subdivision 1. [ENERGY LOAN INSURANCE FUND ACCOUNT.] An
energy loan insurance fund account is created in the energy fund.
The fund account shall be used by the authority as a
revolving fund account, and all money in the fund account is
appropriated to the authority, for carrying out the provisions
of this section with respect to loans insured under subdivision
2.
Subd. 2. [INSURANCE OF LOANS.] (a) [AUTHORIZATION.] The
authority is authorized, upon application by a financial
institution, to insure loans for cost-effective qualified energy
projects as provided in this section; and under terms as the
authority may prescribe by rule, to make commitments for the
insuring of loans prior to the date of their execution or
disbursement. In the event the authority shall determine that
the energy loan insurance fund account is or will be depleted in
connection with the use of the fund account as authorized by the
act which has been approved or given preliminary approval by the
authority, then the authority may by resolution transfer money
from the energy development fund account created pursuant to
section 116M.12.
(b) [ELIGIBILITY REQUIREMENTS.] The authority may by rule
establish requirements for energy loans to be eligible for
insurance under this section, relating to:
(1) maximum principal amount, amortization schedule,
interest rate, delinquency charges, and other terms;
(2) the portion of the loan to be insured;
(3) acceleration and other remedies;
(4) covenants regarding insurance, repairs, and maintenance
of the project;
(5) conditions regarding subordination of the loan
security, if any, of the project to other liens against the
property;
(6) the aggregate principal amount of loans to be insured
in relation to the reserves from time to time on hand in the
insurance fund account, and priorities as to the loans to be
insured; and
(7) any other matters determined by the authority.
The authority shall by rule establish criteria for
analyzing the cost-effectiveness of projects.
(c) [CONCLUSIVE EVIDENCE OF INSURABILITY.] Any contract of
insurance executed by the authority under this section shall be
conclusive evidence of the eligibility of the loan for
insurance, and the validity of any contract of insurance
properly executed and in the hands of any approved lender shall
not be contestable, except for fraud or misrepresentation on the
part of the financial institution.
(d) [PREMIUMS.] The authority is authorized to fix premium
charges for the insurance of loans under this section at levels
which in its judgment, taking into account consideration other
amounts available in the fund account, will be sufficient to
cover and maintain a reserve for loan losses.
(e) [PROCEDURES UPON DEFAULT.] The authority may establish
procedures to be followed by financial institutions and to be
taken by the authority in the event of default upon an energy
loan, including:
(1) time for filing claims;
(2) rights and interests to be assigned and documents to be
furnished by the financial institution;
(3) principal and interest to be included in the claim; and
(4) conditions, if any, upon which the authority will pay
the entire principal amount in default, after foreclosure and
receipt of marketable title to the property.
Subd. 3. [INVESTMENT INTEREST.] All interest and profits
accruing from investment of the fund's account's money shall be
credited to and be a part of the fund account, and any loss
incurred in the principal of the investments of the fund account
shall be borne by the fund account.
Subd. 4. [MAXIMUM AUTHORIZED INSURANCE.] The authority may
not at any time issue insurance under this section aggregating
in excess of an amount equal to the current balance contained in
the fund account multiplied by ten.
Sec. 269. Minnesota Statutes 1984, section 116M.12,
subdivision 3, is amended to read:
Subd. 3. [ENERGY DEVELOPMENT FUND ACCOUNT.] An energy
development fund account is created in the energy fund and is
eligible to receive appropriations. The authority may
irrevocably pledge and appropriate all or a segregated portion
of the energy development fund account to make principal and
interest payments when due on all or one or more series of its
obligations for which other funds are money is not available,
pursuant to the terms and conditions the authority shall
prescribe. The authority may otherwise operate the fund account
according to section 116M.06. In the event the authority shall
determine that the energy development fund account is or will be
depleted in connection with the use of the fund account as
authorized by the act which has been approved or given
preliminary approval by the authority, then the authority may by
resolution transfer money from the energy loan insurance fund
account created pursuant to section 116M.11.
Sec. 270. Minnesota Statutes 1984, section 116M.12,
subdivision 4, is amended to read:
Subd. 4. [INVESTMENT INCOME.] All interest and profits
accruing from investment of the energy development fund's
account's moneys shall be credited to and be part of the energy
development fund account, and any loss incurred in the principal
of the investment of the reserve fund account shall be borne by
the fund energy development account. Assets of the energy
development fund account shall be invested only in direct
obligations or obligations of agencies of the United States or
in insured depository accounts, up to the amount of the
insurance, in any institution insured by an agency of the United
States government, or in other obligations or depository
accounts referred to in section 11A.24, subdivision 4, except
clause (d) of that subdivision. Other funds and revenues money
of the authority shall be invested or deposited in the manner
and with the security provided in bond or note resolutions or
indentures under which obligations of the authority are issued
for the program.
Sec. 271. [139.20] [EQUIPMENT GRANTS.]
To be eligible for an equipment grant under sections 139.16
to 139.19, a public broadcasting station must meet the
eligibility criteria set forth in sections 139.18 and 139.19.
Sec. 272. [139.21] [ADVISORY TASK FORCE.]
The commissioner of administration may appoint an advisory
task force consisting of representatives of public broadcasting
facilities to make recommendations on the distribution of money
appropriated for grants to public television stations and
noncommercial radio stations. The commissioner may establish a
procedure to audit the expenditure of this money.
Sec. 273. Minnesota Statutes 1984, section 176.102, is
amended by adding a subdivision to read:
Subd. 14. [FEES.] The commissioner shall impose fees under
section 16A.128 sufficient to cover the cost of approving and
monitoring qualified rehabilitation consultants, consultant
firms, and vendors of rehabilitation services.
Sec. 274. Minnesota Statutes 1984, section 177.23,
subdivision 4, is amended to read:
Subd. 4. "Wage" means compensation due to an employee by
reason of employment, payable in legal tender of the United
States or, check on banks convertible into cash on demand at
full face value or, except for instances of written objection to
the employer by the employee, direct deposit to the employee's
choice of demand deposit account, subject to allowances
permitted by rules of the department under section 177.28.
Sec. 275. Minnesota Statutes 1984, section 177.23,
subdivision 7, is amended to read:
Subd. 7. "Employee" means any individual employed by an
employer but does not include:
(1) two or fewer specified individuals employed at any
given time in agriculture on a farming unit or operation who are
paid a salary;
(2) any individual employed in agriculture on a farming
unit or operation who is paid a salary greater than the
individual would be paid if the individual worked 48 hours at
the state minimum wage plus 17 hours at 1-1/2 times the state
minimum wage per week;
(3) an individual under 18 who is employed in agriculture
on a farm to perform services other than corn detasseling or
hand field work when one or both of that minor hand field
worker's parents or physical custodians are also hand field
workers;
(4) for purposes of section 177.24, an individual under 18
who is employed as a corn detasseler;
(5) any staff member employed with on a seasonal basis by a
nonprofit organization for work in an organized children's
resident or day camp licensed with the state operating under a
permit issued under section 144.72;
(6) any individual employed in a bona fide executive,
administrative, or professional capacity, or a salesman who
conducts no more than 20 percent of his sales on the premises of
the employer;
(7) any individual who renders service gratuitously for a
nonprofit organization;
(8) any individual who serves as an elected official for a
political subdivision or who serves on any governmental board,
commission, committee or other similar body, or who renders
service gratuitously for a political subdivision;
(9) any individual employed by a political subdivision to
provide police or fire protection services or employed by an
entity whose principal purpose is to provide police or fire
protection services to a political subdivision;
(10) any individual employed by a political subdivision who
is ineligible for membership in the public employees retirement
association under section 353.01, subdivision 2b, clause (a),
(b), (d), or (i);
(11) any driver employed by an employer engaged in the
business of operating taxicabs;
(12) any individual engaged in babysitting as a sole
practitioner;
(13) for the purpose of section 177.25, any individual
employed on a seasonal basis in a carnival, circus, or fair;
(14) any individual under 18 employed part-time by working
less than 20 hours per workweek for a municipality as part of a
recreational program;
(15) any individual employed by the state as a natural
resource manager 1, 2, or 3 (conservation officer);
(16) any individual in a position for which the U.S.
Department of Transportation has power to establish
qualifications and maximum hours of service under United States
Code, title 49, section 304;
(17) any individual employed as a seafarer. The term
"seafarer" means a master of a vessel or any person subject to
the authority, direction, and control of the master who is
exempt from federal overtime standards under United States Code,
title 29, section 213(b)(6), including but not limited to
pilots, sailors, engineers, radio operators, firefighters,
watchmen, pursers, surgeons, cooks, and stewards; or
(18) any individual employed by a county in a single family
residence owned by a county home school as authorized under
section 260.094 if the residence is an extension facility of
that county home school, and if the individual as part of his
employment duties resides at the residence for the purpose of
supervising children as defined by section 260.015, subdivision
2; or
(19) nuns, monks, priests, lay brothers, lay sisters,
ministers, deacons, and other members of religious orders who
serve pursuant to their religious obligations in schools,
hospitals, and other nonprofit institutions operated by the
church or religious order.
Sec. 276. Minnesota Statutes 1984, section 177.24,
subdivision 3, is amended to read:
Subd. 3. [SHARING OF GRATUITIES.] For purposes of this
chapter, any gratuity received by an employee or deposited in or
about a place of business for personal services rendered by an
employee is the sole property of the employee. No employer may
require an employee to contribute or share a gratuity received
by the employee with the employer or other employees or to
contribute any or all of the gratuity to a fund or pool operated
for the benefit of the employer or his employees. This section
does not prevent an employee from voluntarily and individually
sharing his gratuities with other employees. The agreement to
share gratuities must be made by the employees free of any
employer participation. The commissioner may require the
employer to pay restitution in the amount of the gratuities
diverted. If the records maintained by the employer do not
provide sufficient information to determine the exact amount of
gratuities diverted, the commissioner may make a determination
of gratuities diverted based on available evidence and mediate a
settlement with the employer.
Sec. 277. Minnesota Statutes 1984, section 177.24,
subdivision 4, is amended to read:
Subd. 4. [UNREIMBURSED EXPENSES DEDUCTED.] Unreimbursed
amounts which an employee is required to pay for the items
listed below are subtracted from wages paid in calculating
whether the wages meet the minimums set by subdivision
1 Deductions, direct or indirect, from wages or gratuities not
authorized by this subdivision may only be taken as authorized
by sections 177.28, subdivisions 3 and 4, 181.06, and 181.79.
Deductions, direct or indirect, for up to the full cost of the
uniform or equipment as listed below, may not exceed $50. No
deductions, direct or indirect, may be made for the items listed
below which when subtracted from wages would reduce the wages
below the minimum wage:
(a) purchased or rented uniforms or specially designed
clothing required by the employer, by the nature of the
employment, or by statute as a condition of employment, which is
not generally appropriate for use except in that employment;
(b) purchased or rented equipment used in employment,
except tools of a trade, a motor vehicle, or any other equipment
which may be used outside the employment;
(c) consumable supplies required in the course of that
employment;
(d) travel expenses in the course of employment except
those incurred in traveling to and from the employee's residence
and place of employment.
Sec. 278. Minnesota Statutes 1984, section 177.24,
subdivision 5, is amended to read:
Subd. 5. [EXPENSE REIMBURSEMENT.] An employer, at the
termination of an employee's employment, must reimburse the full
cost to the employee of amount deducted, directly or indirectly,
for any of the items listed in subdivision 4 which he had to buy
during employment. When reimbursement is made, the employer may
require the employee to surrender any existing items for which
the employer provided reimbursement.
Sec. 279. Minnesota Statutes 1984, section 177.27, is
amended to read:
177.27 [POWERS AND DUTIES OF THE COMMISSIONER.]
Subdivision 1. [EXAMINATION OF RECORDS.] The commissioner
may enter during reasonable office hours or upon request and
inspect the place of business or employment of any employer of
employees working in the state, to examine and inspect books,
registers, payrolls, and other records of any employer that in
any way relate to wages, hours, and other conditions of
employment of any employees. The commissioner may transcribe
any or all of the books, registers, payrolls, and other records
as he deems necessary or appropriate and may question the
employees to ascertain compliance with sections 177.21 to
177.35. The commissioner may investigate wage claims or
complaints by an employee against an employer if the failure to
pay a wage may violate Minnesota law or an order or rule of the
department.
Subd. 2. [SUBMISSION OF RECORDS; PENALTY.] The
commissioner may require the employer of employees working in
the state to submit to the commissioner photocopies, certified
copies, or, if necessary, the originals of employment records
which the commissioner deems necessary or appropriate. The
records which may be required include full and correct
statements in writing, including sworn statements by the
employer, containing information relating to wages, hours,
names, addresses, and any other information pertaining to the
employer's employees and the conditions of their employment as
the commissioner deems necessary or appropriate.
The commissioner may require the records to be submitted by
certified mail delivery or, if necessary, by personal delivery
by the employer or a representative of the employer, as
authorized by the employer in writing.
The commissioner may fine the employer up to $100 for each
failure to submit or deliver records as required by this
section. This penalty is in addition to any penalties provided
under section 177.32, subdivision 1.
Subd. 3. [ADEQUACY OF RECORDS.] If the records maintained
by the employer do not provide sufficient information to
determine the exact amount of back wages due an employee, the
commissioner may make a determination of wages due based on
available evidence and mediate a settlement with the employer.
Subd. 4. [COMPLIANCE ORDERS.] The commissioner may issue
an order requiring an employer to comply with sections 177.21 to
177.35, 181.032, 181.101, 181.13, 181.14, 181.145, and 181.79,
or with any rule promulgated under section 177.28. The
department shall serve the order upon the employer or his
authorized representative in person or by certified mail at the
employer's place of business. An employer who wishes to contest
the order must file written notice of his objection to the order
with the commissioner within ten days after being served with
the order. A public hearing must then be held in accordance
with sections 14.57 to 14.70.
Subd. 4. [MEDIATION.] The commissioner may investigate,
mediate, and settle wage claims by an employee against an
employer if the failure to pay any wage may violate Minnesota
laws, rules, or department orders.
Subd. 5. [CIVIL ACTIONS.] When an employee files a written
request with the commissioner, the commissioner may commence a
civil action in any court of competent jurisdiction for the
benefit of the employee for appropriate relief with respect to a
wage claim which the commissioner finds valid provided: (1) the
failure to pay the wage would constitute a violation of
Minnesota laws, rules, or department orders, and (2) the wage
claim does not exceed $300. The employer shall pay all costs
and disbursements allowed by the court and shall pay an
assessment of ten percent of the amount of any awarded wage
claim to the treasurer of the state of Minnesota. In any action
under this subdivision, no security for payment of costs may be
required. This section does not prevent an employee from
prosecuting his own claim for wages The commissioner may bring
an action in the district court where an employer resides or
where the commissioner maintains an office to enforce or require
compliance with orders issued under subdivision 4.
Subd. 6. [ATTORNEY GENERAL TO COMMENCE ACTION EMPLOYER
LIABILITY.] Upon the written request of the commissioner, the
attorney general shall commence a civil action for appropriate
relief against the employer as provided in subdivision
5 Employers are liable to employees for back wages and
gratuities as computed by the department or, if contested by the
employer, as awarded in a public hearing. The commissioner may
establish escrow accounts for purposes of distributing back
wages and gratuities. In addition, hearing costs of up to ten
percent of any back wages and gratuities awarded may be assessed
against the employer by the administrative law judge and paid to
the commissioner if the administrative law judge finds that the
employer had no meritorious defense against the claim. The
penalty provided under this subdivision for failure to pay back
wages and gratuities does not apply to compliance orders issued
to an employer under this section before the effective date of
this section. This subdivision does not prevent an employee
from prosecuting a claim for wages or gratuities.
Sec. 280. Minnesota Statutes 1984, section 177.28,
subdivision 4, is amended to read:
Subd. 4. An employee who receives $35 or more per month in
gratuities is a tipped employee. An employer is entitled to a
credit in an amount up to 20 percent of the minimum wage which a
tipped employee receives; except that effective January 1, 1985,
the credit is reduced to 15 percent; effective January 1, 1986,
the credit is reduced to 10 percent; effective January 1, 1987,
the credit is reduced to 5 percent; and effective January 1,
1988, the credit is eliminated. The credit against the wages
due may not be taken unless at the time the credit is taken the
employer has received a signed statement for that pay period
from the tipped employee stating the amount of gratuities
received during that pay period that he did receive and retain
during that pay period all gratuities received by him in an
amount equal to or greater than the credit applied against the
wages due by his employer. The statements shall be maintained
by the employer as a part of his business records. The employer
may hold an employee's check until the signed statement for that
period, stating the amount of gratuities, is received.
Sec. 281. Minnesota Statutes 1984, section 177.32,
subdivision 1, is amended to read:
Subdivision 1. [MISDEMEANORS.] An employer who does any of
the following is guilty of a misdemeanor:
(1) hinders or delays the commissioner in the performance
of duties required under sections 177.21 to 177.35;
(2) refuses to admit the commissioner to the place of
business or employment of the employer, as required by section
177.27, subdivision 1;
(3) consistently and repeatedly fails to make, keep, and
preserve records as required by section 177.30;
(4) falsifies any record;
(5) refuses to make any record available, or to furnish a
sworn statement of the record or any other information as
required by section 177.27;
(6) consistently and repeatedly fails to post a summary of
sections 177.21 to 177.35 or a copy or summary of the applicable
rules as required by section 177.31;
(7) pays or agrees to pay wages at a rate less than the
rate required under sections 177.21 to 177.35; or
(8) otherwise violates any provision of sections 177.21 to
177.35.
Sec. 282. [179.81] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purposes of sections 282
to 286, the terms defined in this section have the meanings
given them.
Subd. 2. [AREA LABOR-MANAGEMENT COMMITTEE.] "Area
labor-management committee" or "committee" means a committee
formed by and composed of multiple employers and multiple labor
organizations, for the purpose of improving labor-management
relations and enhancing economic development within the
jurisdiction through labor-management cooperation.
Subd. 3. [BUREAU.] "Bureau" means the bureau of mediation
services.
Subd. 4. [DIRECTOR.] "Director" means the director of the
bureau of mediation services.
Sec. 283. [179.82] [GRANT PROGRAM CREATED; APPLICATIONS.]
Subdivision 1. [CREATION.] An area labor-management
committee grant program is created within the bureau to be
administered by the director.
Subd. 2. [APPLICATIONS.] (a) Applications for area
labor-management committee grants must be submitted to the
bureau by October 15 of each year on a form developed by the
director.
(b) The application must include a description of the area
labor-management committee formed or to be formed consistent
with the purposes of the area labor-management grant program,
including an identification of the committee members and a brief
description of the committee's existing or proposed operating
procedures. A copy of the committee bylaws or other written
operating procedures must be submitted.
(c) The application must include a statement of the
labor-management problem or issue existing in the committee's
area of jurisdiction. Grant applicants must document the
problem using as much relevant data as is reasonably available,
and must discuss the full range of impacts that the problem or
issue is having upon the area or upon industry within the area.
(d) The application must include a statement of the
approach to be used by the committee in solving the problem or
dealing with the issue identified in paragraph (c) and an
implementation plan setting forth the major steps to be taken
and objectives sought in dealing with the problem or issue
identified in paragraph (c), as well as a time table indicating
when those steps will be taken and those objectives reached.
(e) The application must include a four-year financial plan
detailing the amount of both state grant money and local,
federal, and private sector money necessary for the applicant's
program. The plan must show the total amount of state funding
necessary to carry out the committee's goals and objectives, and
the total money from other sources expected to be raised each
year. The plan must be accompanied by a proposed committee
budget, covering the life of the plan, detailing how all money,
including state grant money, is to be expended.
Sec. 284. [179.83] [ACTION ON APPLICATION.]
Subdivision 1. [STANDARD FOR APPROVAL.] After October 15
of each year, the director shall review the applications.
Grants must be awarded on a competitive basis based on the
appropriateness of the proposal, the attainability of the goals,
the evidence of interest in the proposal among representatives
of labor and management in the area within the committee's
jurisdiction, and the thoroughness of the financial plan
presented. Successful applicants shall be notified of the award
no later than December 1 of each year.
Subd. 2. [NUMBER OF GRANTS AWARDED.] On the basis of the
review conducted under subdivision 1, the director may award no
more than three grants in each of the two years following the
effective date of sections 282 to 286, provided that not more
than five grants are awarded in the biennium following the
effective date of those sections.
Sec. 285. [179.84] [GENERAL CONDITIONS AND TERMS OF
GRANTS.]
Subdivision 1. [REQUIREMENTS.] For each grant awarded the
director shall:
(1) require an approved work plan that establishes
measurable goals and objectives for the committee within the
committee's area of responsibility and that prohibits the
committee from becoming involved in contract disputes, labor
negotiations, or grievance procedures;
(2) establish a technical assistance delivery area outside
the geographic area covered by the area labor-management
committee;
(3) require the area labor-management committee to
establish an approved technical assistance work plan for its
external technical assistance delivery area; and
(4) annually review the operating performance of each area
labor-management committee receiving state money under this
program.
Subd. 2. [WORK PLANS.] Regular work plans for each area
labor-management committee must be directed toward improving
labor-management relations within the area serviced by the
committee. Technical assistance work plans must provide for the
establishment of new area labor-management committees within the
committee's technical assistance delivery area. Both types of
work plans must provide for the following:
(1) information, resources, and materials on ways in which
labor and management can work cooperatively to improve
productivity and the quality of working life;
(2) educational programs such as seminars, workshops, and
conferences on ways in which labor and management can work
cooperatively to improve productivity and the quality of work
life;
(3) technical assistance to individuals, groups of firms,
unions, and governmental units that are interested in developing
labor management committees; and
(4) promotion, support, and assistance in the organization,
establishment, and operation of local or regional area
labor-management committees.
Sec. 286. [179.85] [FUNDING LIMITATIONS.]
A new or existing area labor-management committee may apply
for a maximum grant of $100,000 per year. A new or existing
area labor-management committee may be awarded state grant
money, and must provide money from other nonstate sources, in
each of the four years covered by the financial plan in the
following ratio of state and nonstate money: in the first year,
90 percent state and 10 percent nonstate; in the second year, 80
percent state and 20 percent nonstate; in the third year, 50
percent state and 50 percent nonstate; and in the fourth year,
30 percent state and 70 percent nonstate. In a grant to an
existing or proposed area labor-management committee, $10,000 of
the grant is designated and may only be used for technical
assistance services within the technical assistance delivery
area, both as specified by the director under section 285.
Sec. 287. Minnesota Statutes 1984, section 180.03,
subdivision 2, is amended to read:
Subd. 2. Every person, firm or corporation that is or has
been engaged in the business of mining or removing iron ore,
taconite, semitaconite or other minerals except sand, crushed
rock and gravel by the open pit method in any county which has
appointed an inspector of mines pursuant to section 180.01 shall
erect two inch by four inch mesh fencing a fence, barrier,
appropriate signs, or combination of them, as directed by the
inspector, along the outside perimeter of the excavation, open
pit, or shaft of any mine in which mining operations have ceased
for a period of six consecutive months or longer. However, in
residential and developed areas, along major roads, and in areas
of hazardous conditions, the following described fencing must be
erected, unless exempted by the county mine inspector under
subdivision 4. This fencing must consist of two-inch by
four-inch mesh fencing; the top and bottom wire shall not be
less than 9 gauge and the filler wire shall not be less than 11
gauge.; the fencing shall be not less than five feet in height
with two strands of barbed wire six inches apart affixed to the
top of the fence.; and the fence posts shall be no more than ten
feet apart. In the case of open pit mines in which mining
operations cease after November 1, 1979, and before March 1,
1980, the fencing fence, barrier, signs, or combination of them
shall be erected as soon as possible after March 1, 1980. Where
mining operations cease on or after March 1, 1980, the fencing
fence, barrier, signs, or combination of them shall be erected
forthwith. In the case of open pit mines in which mining
operations had ceased for a period of six consecutive months or
longer before November 1, 1979, and not resumed, the fencing
fence, barrier, signs, or combination of them shall be erected
within seven years after November 1, 1979 two years from the
current date. Any fencing fence, barrier, signs, or combination
of them, required by an inspector of mines pursuant to
subdivision 3 or other applicable law, shall meet the standards
of this section as a minimum. This subdivision does not apply
to any excavation, open pit, or shaft, or any portion thereof,
exempted from its application by the commissioner of natural
resources pursuant to laws relating to mineland reclamation,
exempted from its application by the iron range resources and
rehabilitation board under actions taken by the board, or
exempted from its application by the county mine inspector
pursuant to subdivision 4.
Sec. 288. Minnesota Statutes 1984, section 180.03,
subdivision 3, is amended to read:
Subd. 3. When any mine is idle or abandoned it shall be
the duty of the inspector of mines to notify the person, firm,
or corporation that is or has been engaged in the business of
mining to erect and maintain around all the shafts, caves, and
open pits of such mines a fence or railing, barrier, appropriate
signs, or combination of them, suitable to prevent persons or
domestic animals from accidentally falling into these shafts,
caves or open pits. If the person, firm or corporation that has
been engaged in the business of mining no longer exists, the fee
owner shall erect the fencing fence, barrier, or signs required
by this section. The notice shall be in writing and be served
upon such person, firm, corporation or fee owner by certified
mail.
Sec. 289. Minnesota Statutes 1984, section 180.03,
subdivision 4, is amended to read:
Subd. 4. Upon written application, the county mine
inspector may exempt from the requirements of subdivision 2, any
abandoned excavation, open pit, or shaft which is fenced
provided with fencing, barriers, appropriate signs, or
combinations of them, in a manner that is reasonably similar to
the standards set forth in subdivision 2, or which in his
judgment does not constitute a safety hazard.
Sec. 290. Minnesota Statutes 1984, section 180.10, is
amended to read:
180.10 [REMOVAL OF FENCE; GUARD.]
Any workman, employee, or other person who shall open,
remove, or disturb any fence, guard, barrier, or rail and not
close or replace or have the same closed or replaced again
around or in front of any shaft, test pit, chute, excavation,
cave, or land liable to cave, injure, or destroy, whereby
accident, injury, or damage results, either to the mine or those
at work therein, or to any other person, shall be guilty of a
misdemeanor; and, upon conviction thereof, punished by a fine of
not exceeding $50 or imprisonment for not more than 60 days in
the county jail for each and every such offense. A workman,
employee, or other person who, in regard to any fence, guard,
barrier, or rail, does any of the acts prohibited by section
609.52, commits theft of the fence, guard, barrier, or rail may
be sentenced as provided in section 609.52.
Sec. 291. [181.032] [REQUIRED STATEMENT OF EARNINGS BY
EMPLOYER.]
At the end of each pay period, the employer shall give each
employee an earnings statement in writing covering that pay
period. The earnings statement may be in any form determined by
the employer but must include:
(a) the name of the employee;
(b) the hourly rate of pay (if applicable);
(c) the total number of hours worked by the employee unless
exempt from chapter 177;
(d) the total amount of gross pay earned by the employee
during that period;
(e) a list of deductions made from the employee's pay;
(f) the net amount of pay after all deductions are made;
and
(g) the date on which the pay period ends.
An employer, who for the purpose of depriving an employee
of wages to which the employee is entitled and in order to
mislead the employee, furnishes to the employee a statement that
the employer knows to be false is guilty of a misdemeanor.
Sec. 292. [181.101] [WAGES; HOW OFTEN PAID.]
Every employer shall pay all wages due an employee at least
once every 30 days on a regular pay day designated in advance by
the employer, except that an employer may withhold an employee's
check until the signed statement for that pay period stating the
amount of gratuities is received, as provided in section 177.28,
subdivision 4. If wages due are not paid, the commissioner of
labor and industry or the commissioner's representative may
demand payment on behalf of an employee. If payment is not made
within ten days of demand, the commissioner may charge and
collect the wages due and a penalty in the amount of the
employee's average daily earnings at the rate agreed upon in the
contract of employment, not exceeding 15 days in all, for each
day beyond the ten day limit following the demand. Money
collected by the commissioner must be paid to the employee
concerned. This subdivision does not prevent an employee from
prosecuting a claim for wages.
Sec. 293. Minnesota Statutes 1984, section 181.79,
subdivision 1, is amended to read:
Subdivision 1. No employer shall make any deduction,
directly or indirectly, from the wages due or earned by any
employee, who is not an independent contractor, for lost or
stolen property, damage to property, or to recover any other
claimed indebtedness running from employee to employer, unless
the employee, after the loss has occurred or the claimed
indebtedness has arisen, voluntarily authorizes the employer in
writing to make the deduction or unless the employee is held
liable in a court of competent jurisdiction for the loss or
indebtedness. Such authorization shall not be admissible as
evidence in any civil or criminal proceeding. Any authorization
for a deduction shall set forth the amount to be deducted from
the employee's wages during each pay period.
A deduction, unless authorized in writing by the employee,
may not be in excess of the amount established by law as subject
to garnishment or execution on wages.
Any agreement entered into between an employer and an
employee contrary to this section shall be void. This section
shall not apply to the following:
(a) in cases where a contrary provision in a collective
bargaining agreement exists;
(b) any rules established by an employer for employees who
are commissioned salespersons, where the rules are used for
purposes of discipline, by fine or otherwise, in cases where
errors or omissions in performing their duties exist; or
(c) in cases where an employee, prior to making a purchase
or loan from the employer, voluntarily authorizes in writing
that the cost of the purchase or loan shall be deducted from the
employee's wages, at regular intervals or upon termination of
employment.
Sec. 294. Minnesota Statutes 1984, section 181A.04,
subdivision 3, is amended to read:
Subd. 3. No minor under the age of 16 shall be permitted
to work any day before 7 a.m. or after 9:30 9:00 p.m.
Sec. 295. Minnesota Statutes 1984, section 181A.12,
subdivision 1, is amended to read:
Subdivision 1. [FINES; PENALTY.] Any employer who hinders
or delays the department or its authorized representative in the
performance of its duties under sections 181A.01 to 181A.12 or
refuses to admit the commissioner or his authorized
representative to any place of employment or refuses to make
certificates or lists available as required by sections 181A.01
to 181A.12, or otherwise violates any provisions of sections
181A.01 to 181A.12 or any rules issued pursuant thereto shall be
assessed a fine to be paid to the commissioner for deposit in
the general fund. The fine may be recovered in a civil action
in the name of the department brought in the district court of
the county where the violation is alleged to have occurred or
the district court where the commissioner has an office. Fines
are in the amounts as follows:
(a) employment of minors under the age of 14
(each employee) $ 50
(b) employment of minors under the age of 16
during school hours while school is in session
(each employee) 50
(c) employment of minors under the age of 16
before 7:00 a.m. (each employee) 50
(d) employment of minors under the age of 16
after 9:30 9:00 p.m.
(each employee) 50
(e) employment of minors under the age of 16
over eight hours a day (each employee) 50
(f) employment of minors under the age of 16
over 40 hours a week (each employee) 50
(g) employment of minors under the age of 18
in hazardous occupations hazardous or
detrimental to their well-being as defined
by rule (each employee) 100
(h) employment of minors under the age of 16
in hazardous occupations hazardous or
detrimental to their well-being as defined
by rule (each employee) 100
(i) minors under the age of 18 injured in
hazardous employment (each employee) 500
(j) minors employed without proof of age
(each employee) 5
An employer who refuses to make certificates or lists
available as required by sections 181A.01 to 181A.12 shall be
assessed a $500 fine.
An employer who engages in a consistent and repeated
pattern of violations of sections 181A.01 to 181A.12 is also
guilty of a gross misdemeanor.
Sec. 296. Minnesota Statutes 1984, section 183.545, is
amended by adding a subdivision to read:
Subd. 9. [DEPOSIT OF FEES.] Fees received under this
section and section 183.57 must be deposited in the state
treasury and credited to the special revenue fund.
Sec. 297. Minnesota Statutes 1984, section 192.51,
subdivision 2, is amended to read:
Subd. 2. [ACTIVE DUTY PAY.] When called into active
service by the governor, other than for encampment or maneuvers,
including the time necessarily consumed in travel, each enlisted
person of the military forces shall be paid by the state the pay
and the allowances, when not furnished in kind, provided by law
for enlisted persons of similar grade, rating and length of
service in the armed forces of the United States, or $50 $65 a
day, whichever is more.
Sec. 298. Minnesota Statutes 1984, section 196.051, is
amended by adding a subdivision to read:
Subd. 4. [FEES.] When permitted by the court, the
commissioner may charge a fee of up to five percent of the
income of the estate of the person under guardianship to cover
the expenses of providing the guardianship service.
Sec. 299. [198.34] [DEPOSIT OF RECEIPTS.]
Federal money received by the commissioner for the care of
veterans in a veterans home, after being credited to a federal
receipt account, must be transferred to the special revenue fund
in the state treasury. Money paid to the commissioner by a
veteran or by another person on behalf of a veteran for care in
a veterans home must be deposited in the state treasury and
credited to the special revenue fund.
Sec. 300. Minnesota Statutes 1984, section 268.05,
subdivision 2, is amended to read:
Subd. 2. [STATE TREASURER COMMISSIONER OF FINANCE TO BE
CUSTODIAN; SEPARATE ACCOUNTS; BONDS.] The state treasurer
commissioner of finance shall be ex-officio the treasurer and
custodian of the fund. He shall administer the fund in
accordance with the directions of the commissioner, and issue
his warrants upon it in accordance with such regulations as the
commissioner shall prescribe. He shall maintain within the fund
three separate accounts:
(1) A clearing account;
(2) An unemployment trust fund account; and
(3) A benefit account.
All moneys payable to the fund, upon receipt thereof by the
commissioner, shall be forwarded to the treasurer commissioner
of finance who shall immediately deposit them in the clearing
account. All moneys in the clearing account, after clearance
thereof, shall, except as herein otherwise provided, be
immediately deposited with the secretary of the treasury of the
United States to the credit of the account of this state in the
unemployment trust fund established and maintained pursuant to
section 904 of the Social Security Act, as amended, any
provisions of law in this state relating to the deposit,
administration, release, or disbursement of moneys in the
possession or custody of this state to the contrary
notwithstanding. Refunds payable pursuant to section 268.16,
subdivision 6, and section 268.04, subdivision 12, clause (8)
(f), may be paid from the clearing account or the benefit
account. The benefit account shall consist of all moneys
requisitioned from this state's account in the unemployment
trust fund in the United States Treasury for the payment of
benefits. Except as herein otherwise provided, moneys in the
clearing and benefit accounts may be deposited by the treasurer
commissioner of finance, under the direction of the
commissioner, in any depository bank in which general funds of
the state may be deposited, but no public deposit insurance
charge or premium shall be paid out of the fund. Moneys in the
clearing and benefit accounts shall not be commingled with other
state funds, but shall be maintained in separate accounts on the
books of the depository bank. Such money shall be secured by
the depository bank to the same extent and in the same manner as
required by the general depository law of this state; and
collateral pledged for this purpose shall be kept separate and
distinct from any collateral pledged to secure other funds of
the state. The treasurer shall give a separate bond conditioned
upon the faithful performance of his duties with respect to the
fund in an amount not less than $25,000. The bond shall be
approved by the attorney general. Premiums for this bond shall
be paid from the administration fund. All sums recovered for
losses sustained by the fund shall be deposited therein.
Sec. 301. Minnesota Statutes 1984, section 268.38,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purpose of this
section the following terms have the meanings given:
(a) "Temporary housing" means housing provided for a
limited duration not exceeding six months and available for
occupancy on a 24-hour continuous basis designed for independent
living and provided to a homeless person or family at a rental
rate of at least 25 percent of the family income for a period of
up to six months. If a temporary housing program is associated
with a licensed facility or shelter, it must be located in a
separate facility or a specified section of the main facility
where residents can be responsible for their own meals and other
daily needs.
(b) "Support services" means an assessment service that
identifies the needs of individuals for independent living and
arranges or provides for the appropriate educational, social,
legal, advocacy, child care, employment, financial, health care,
or information and referral services to meet these needs.
(c) "Commissioner" means the commissioner of economic
security.
Sec. 302. Minnesota Statutes 1984, section 268.38,
subdivision 2, is amended to read:
Subd. 2. [ESTABLISHMENT AND ADMINISTRATION.] A temporary
housing demonstration program is established to be administered
by the commissioner. The commissioner may make grants to
eligible recipients or enter into agreements with community
action agencies or other public or private nonprofit agencies to
make grants to eligible recipients to initiate, maintain, or
expand programs to provide temporary housing and support
services for persons in need of temporary housing. The
commissioner shall ensure that money appropriated to implement
this section is distributed as soon as practicable. The
commissioner may make grants directly to eligible recipients.
The program shall terminate on June 30, 1985.
Sec. 303. Minnesota Statutes 1984, section 268.38,
subdivision 6, is amended to read:
Subd. 6. [PROGRAMS DESIGNATED.] At least two programs
funded must be located in the seven-county metropolitan area and
at least one program must be located outside of the metropolitan
area. At least one program must be designed primarily to serve
families with children, at least one program must be designed
primarily to serve single persons, and at least one program must
be designed primarily to serve persons leaving a shelter for
family abuse The commissioner may fund programs designed
primarily to serve families with children, single persons, and
persons leaving a shelter for family abuse.
Sec. 304. Minnesota Statutes 1984, section 268.38,
subdivision 7, is amended to read:
Subd. 7. [FUNDING COORDINATION.] To the extent
practicable, Grant recipients shall combine funds awarded under
this section with other funds from public and private sources.
Programs receiving funds under this section are also eligible
for assistance under section 462A.05, subdivision 20.
Sec. 305. Minnesota Statutes 1984, section 268.38,
subdivision 8, is amended to read:
Subd. 8. [PROGRAM INFORMATION.] In order to collect
uniform data to better measure the nature and extent of the need
for temporary housing, grant recipients shall collect and make
available to the commissioner the following information:
(1) number of requests received for temporary housing,
including the number of persons requiring assistance;
(2) number of persons for whom services are provided,
including differentiation between adults and minor
children listed by age;
(3) reasons for seeking assistance;
(4) length of stay;
(5) reasons for leaving the housing program;
(6) demand for support services;
(7) follow-up information on status of persons assisted, if
possible including source of income and whether living
independently, employed, or in treatment, unless the information
is not available; and
(8) source of income on entering the program, prior
residence, race, and sex of persons assisted.
Sec. 306. Minnesota Statutes 1984, section 270.75, is
amended by adding a subdivision to read:
Subd. 8. If a tax payable to the commissioner of revenue
or the department of revenue is not paid within the time
specified by law, in addition to the interest prescribed in
subdivision 5, the unpaid tax bears an interest surcharge at the
rate of one-half percent a year from the date it should have
been paid to the date it is paid.
Sec. 307. [270.77] [SUBSTANTIAL UNDERSTATEMENT OF
LIABILITY.]
(a) The commissioner of revenue shall impose a penalty for
substantial understatement of liability of any tax payable to
the commissioner. Except as otherwise provided in this section,
the penalty must be determined under section 6661 of the
Internal Revenue Code of 1954, as amended through December 31,
1984.
(b) The provisions of section 6661 (b)(3) of the Internal
Revenue Code of 1954, as amended through December 31, 1984 do
not apply.
(c) The penalty is not limited to taxes imposed by chapter
290.
(d) A substantial understatement of liability for a tax not
imposed by chapter 290 is an understatement that exceeds ten
percent of the tax required to be shown on the return or $5,000,
whichever is greater.
Sec. 308. Minnesota Statutes 1984, section 270A.07,
subdivision 1, is amended to read:
Subdivision 1. [NOTIFICATION REQUIREMENT.] On or before
December 15 any claimant agency, seeking collection of a debt
through set-off against a refund due in the succeeding year,
shall submit to the commissioner information indicating the
amount of each debt and information identifying the debtor, as
required by section 270A.04, subdivision 3. Subject to the
notification deadline specified above, the notification shall be
effective only to initiate set-off for claims against refunds
that would be made in the calendar year subsequent to the year
in which notification is made to the commissioner.
The claimant agency shall submit to the commissioner the
amount of $3 per certification. The payment must accompany the
certification. The claimant agency shall increase the amount of
each debt certified by $3 and this total amount is subject to
recapture. If the total debt is not recaptured by the
commissioner, the $3 addition to the debt may be collected by
the claimant agency from the debtor and must be considered an
obligation of the debtor. The $3 will not be refunded if the
recapture is not accomplished.
Sec. 309. Minnesota Statutes 1984, section 290.50,
subdivision 6, is amended to read:
Subd. 6. [WITHHOLDING OF REFUNDS FROM CHILD SUPPORT
DEBTORS.] Upon a finding by a court of this state that a person
obligated to pay child support is delinquent in making payments,
the amount of child support unpaid and owing including attorneys
fees and costs incurred in ascertaining or collecting child
support shall be withheld from a refund due the person under
this section. The public agency responsible for child support
enforcement or the parent or guardian of a child for whom the
support, attorneys fees and costs are owed may petition the
district or county court for an order providing for the
withholding of the amount of child support, attorneys fees and
costs unpaid and owing as determined by court order. The person
from whom the refund may be withheld shall be notified of the
petition pursuant to the rules of civil procedure prior to the
issuance of an order pursuant to this subdivision. The order
may be granted on a showing to the court that required support
payments, attorneys fees and costs have not been made when they
were due.
On order of the court and on payment of $3 to the
commissioner, the money shall be withheld by the commissioner
from the refund due to the person obligated to pay and the
amount withheld shall be remitted to the public agency
responsible for child support enforcement or to the parent or
guardian petitioning on behalf of the child, provided that any
delinquent tax obligations of the taxpayer owed to the revenue
department shall be satisfied first. Any amount received by the
responsible public agency or the petitioning parent or guardian
in excess of the amount of public assistance expended for the
benefit of the child to be supported, or the amount of any
support, attorneys fees and costs that had been the subject of
the claim pursuant to this subdivision which has been paid by
the taxpayer prior to the diversion of the refund, shall be
remitted to the person entitled to the money. If the refund is
based on a joint or combined return, the portion of the refund
that shall be remitted to the petitioner shall be the proportion
of the total refund that equals the proportion of the total
federal adjusted gross income of the spouses that is the federal
adjusted gross income of the spouse who is delinquent in making
the child support payments. A petition filed pursuant to this
subdivision shall be in effect with respect to any refunds due
under this section until the support money, attorneys fees and
costs have been paid in full or the court orders the
commissioner to discontinue withholding the money from the
refund due the person obligated to pay the support, attorneys
fees and costs. If a petition is filed pursuant to this
subdivision and a claim is made pursuant to chapter 270A with
respect to the same individual's refund and notices of both are
received prior to the time when payment of the refund is made on
either claim, the claim relating to the liability that accrued
first in time shall be paid first; any amount of the refund
remaining shall then be applied to the other claim. The
provisions of section 290.61 shall not prohibit the exchange of
information among the department, the petitioner, and the court
to the extent necessary to accomplish the intent of this
subdivision.
Sec. 310. Minnesota Statutes 1984, section 296.421,
subdivision 4, is amended to read:
Subd. 4. [DISTRIBUTION OF UNREFUNDED TAX FOR MOTOR BOAT
PURPOSES.] The amount of unrefunded tax paid on gasoline used
for motor boat purposes as computed in Minnesota Statutes 1961,
Section 296.421, subdivision 5, shall be paid into the state
treasury and 33 1/3 percent thereof shall be credited to the
state park development account; 33 1/3 percent thereof shall be
credited to the game and fish fund to be used to defray the cost
and expense of the division of game and fish and the department
of natural resources in the acquisition, improvement,
development and maintenance of sites for public access to public
waters of this state and for lake improvement; and the remaining
33 1/3 percent thereof shall be credited to the general fund for
purposes of boat and water safety credited to a water recreation
account in the special revenue fund for acquisition,
development, maintenance, and rehabilitation of sites for public
access and boating facilities on public waters; lake and river
improvement; state park development; and boat and water safety.
Sec. 311. Minnesota Statutes 1984, section 296.421, is
amended by adding a subdivision to read:
Subd. 5a. Notwithstanding subdivision 5, the amount of
unrefunded tax paid on gasoline used for motor boat purposes is
1-1/2 percent from July 1, 1985, to June 30, 1987.
Sec. 312. Minnesota Statutes 1984, section 297.13,
subdivision 1, is amended to read:
Subdivision 1. [CIGARETTE TAX APPORTIONMENT ACCOUNT.]
Notwithstanding any other provisions of law, five and one-half
percent of the Revenues received from taxes, penalties and
interest under sections 297.01 to 297.13 and from license fees
and miscellaneous sources of revenue shall be deposited by the
commissioner of revenue in the general fund and credited to a
special account to be known as the "natural resources account,"
which is hereby created. Expenditures shall be made from said
account only as may be authorized by law to carry out the
provisions of this act and in conformance with the provisions of
chapter 16. Five and one-half percent shall be deposited in the
general fund and credited to the "natural resources
acceleration" account for the purposes provided in Laws 1969,
Chapter 879, Section 4 state treasury. The revenue produced by
one mill of the tax on cigarettes weighing not more than three
pounds per thousand and two mills of the tax on cigarettes
weighing more than three pounds per thousand must be credited to
a Minnesota resources fund for purposes of natural resources
acceleration as provided in chapter 86. The balance of the
revenues derived from taxes, penalties, and interest under
sections 297.01 to 297.13 and from license fees and
miscellaneous sources of revenue shall be deposited by the
commissioner in the general fund and credited to the general
fund.
Sec. 313. Minnesota Statutes 1984, section 298.2211, is
amended by adding a subdivision to read:
Subd. 6. [FEE SETTING.] Fees for admission to or use of
facilities operated by the iron range resources and
rehabilitation board that have been established according to
prevailing market conditions and to recover operating costs need
not be set by rule.
Sec. 314. Minnesota Statutes 1984, section 326.52, is
amended to read:
326.52 [DEPOSIT OF FEES.]
All fees received under sections 326.46 to 326.52 shall be
deposited by the department of labor and industry to the credit
of the general special revenue fund in the state treasury. The
salaries and per diem of the inspectors and examiners
hereinbefore provided, their expenses, and all incidental
expenses of the department in carrying out the provisions of
sections 326.46 to 326.52 shall be paid from the appropriations
made to the department of labor and industry.
Sec. 315. Minnesota Statutes 1984, section 331A.02,
subdivision 1, is amended to read:
Subdivision 1. [QUALIFICATION.] No newspaper in this state
shall be entitled to any compensation or fee for publishing any
public notice unless it is qualified as a medium of official and
legal publication. To be qualified as a medium of official and
legal publication, a newspaper shall:
(a) Be printed in the English language in newspaper format
and in column and sheet form equivalent in printed space to at
least 1,000 square inches;
(b) If a daily, be distributed at least five days each
week, or if not a daily, be distributed at least once each week,
for 50 weeks each year. In any week in which a legal holiday is
included, not more than four issues of a daily paper are
necessary;
(c) In at least half of its issues each year, have no more
than 75 percent of its printed space comprised of advertising
material and paid public notices. In all of its issues each
year, have 25 percent, if published more often than weekly, or
50 percent, if weekly, of its news columns devoted to news of
local interest to the community which it purports to serve. Not
more than 25 percent of its total nonadvertising column inches
in any issue may wholly duplicate any other publication unless
the duplicated material is from recognized general news services;
(d) Be circulated in the local public corporation which it
purports to serve, have at least 500 copies regularly delivered
to paying subscribers and either have entry as second class
matter in its local post office or have at least 500 copies
regularly distributed without charge to local residents;
(e) Have its known office of issue established in either
the county in which lies, in whole or in part, the local public
corporation which the newspaper purports to serve, or in an
adjoining county;
(f) File a copy of each issue immediately with the state
historical society;
(g) Be made available at single or subscription prices to
any person, corporation, partnership, or other unincorporated
association requesting the newspaper and making the applicable
payment, or be distributed without charge to local residents;
(h) Have complied with all the foregoing conditions of this
subdivision for at least one year immediately preceding the date
of the notice publication;
(i) The newspaper must before January 1 of each year
publish and submit to the secretary of state, along with a
filing fee of $25, a sworn United States Post Office
second-class statement of ownership and circulation or a
statement of ownership and circulation verified by a recognized
independent circulation auditing agency.
Sec. 316. Minnesota Statutes 1984, section 334.021, is
amended to read:
334.021 [CORPORATION PROHIBITED FROM INTERPOSING DEFENSE OF
USURY.]
No corporation shall hereafter interpose the defense of
usury in any action. The term "corporation," as used in this
section, includes any cooperative corporation, cooperative
association, or limited partnership organized under chapter
322A, and further includes any association or joint stock
company having any of the powers and privileges of corporations
not possessed by an individual or a partnership.
Sec. 317. Minnesota Statutes 1984, section 352.01,
subdivision 2B, is amended to read:
Subd. 2B. [EXCLUDED EMPLOYEES.] The following persons are
excluded from the meaning of state employee:
(1) elective state officers;
(2) students employed by the University of Minnesota, the
state universities, and community colleges unless approved for
coverage by the board of regents, the state university board or
the state board for community colleges, as the case may be;
(3) employees who are eligible to membership in the state
teachers retirement association except employees of the
department of education who have elected or may elect to be
covered by the Minnesota state retirement system instead of the
teachers retirement association;
(4) employees of the University of Minnesota who are
excluded from coverage by action of the board of regents;
(5) officers and enlisted men in the national guard and the
naval militia and such as are assigned to permanent peacetime
duty who pursuant to federal law are or are required to be
members of a federal retirement system;
(6) election officers;
(7) persons engaged in public work for the state but
employed by contractors when the performance of the contract is
authorized by the legislature or other competent authority;
(8) officers and employees of the senate and house of
representatives or a legislative committee or commission who are
temporarily employed;
(9) all courts and court employees, referees, receivers,
jurors, and notaries public, except employees of the appellate
courts and referees and adjusters employed by the department of
labor and industry;
(10) patient and inmate help in state charitable, penal and
correctional institutions including the Minnesota veterans home;
(11) persons employed for professional services where the
service is incidental to regular professional duties and whose
compensation is paid on a per diem basis;
(12) employees of the Sibley House Association;
(13) employees of the Grand Army of the Republic and
employees of the ladies of the G.A.R.;
(14) operators and drivers employed pursuant to section
16.07, subdivision 4;
(15) the members of any state board or commission who serve
the state intermittently and are paid on a per diem basis; the
secretary, secretary-treasurer, and treasurer of those boards if
their compensation is $500 or less per year, or, if they are
legally prohibited from serving more than two consecutive terms
and their total service therefor is required by law to be less
than ten years; and the board of managers of the state
agricultural society and its treasurer unless he is also its
full time secretary;
(16) state troopers;
(17) temporary employees of the Minnesota state fair
employed on or after July 1 for a period not to extend beyond
October 15 of the same year; and persons employed at any time or
times by the state fair administration for special events held
on the fairgrounds;
(18) emergency employees in the classified service except
emergency employees who within the same pay period become
provisional or probationary employees on other than a temporary
basis, shall be deemed "state employees" retroactively to the
beginning of the pay period;
(19) persons described in section 352B.01, subdivision 2,
clauses (b) and (c) formerly defined as state police officers;
(20) all temporary employees in the classified service, all
temporary employees in the unclassified service appointed for a
definite period of not more than six months and employed less
than six months in any one year period and all seasonal help in
the unclassified classified service employed by the department
of revenue;
(21) trainees paid under budget classification number 41,
and other trainee employees, except those listed in subdivision
2A, clause (10);
(22) persons whose compensation is paid on a fee basis;
(23) state employees who in any year have credit for 12
months service as teachers in the public schools of the state
and as teachers are members of the teachers retirement
association or a retirement system in St. Paul, Minneapolis, or
Duluth;
(24) employees of the adjutant general employed on an
unlimited intermittent or temporary basis in the classified and
unclassified service for the support of army and air national
guard training facilities;
(25) chaplains and nuns who have taken a vow of poverty as
members of a religious order;
(26) labor service employees employed as a laborer 1 on an
hourly basis;
(27) examination monitors employed by departments,
agencies, commissions, and boards for the purpose of conducting
examinations required by law;
(28) members of appeal tribunals, exclusive of the chairman
to which reference is made in section 268.10, subdivision 4;
(29) persons appointed to serve as members of fact finding
commissions, adjustment panels, arbitrators, or labor referees
under the provisions of chapter 179;
(30) temporary employees employed for limited periods of
time under any state or federal program for the purpose of
training or rehabilitation including persons employed for
limited periods of time from areas of economic distress except
skilled and supervisory personnel and persons having civil
service status covered by the system;
(31) full time students employed by the Minnesota
historical society who are employed intermittently during part
of the year and full time during the summer months;
(32) temporary employees, appointed for not more than six
months, of the metropolitan council and of any of its statutory
boards, the members of which board are appointed by the
metropolitan council;
(33) persons employed in positions designated by the
department of employee relations as student workers;
(34) any person who is 65 years of age or older when
appointed and who does not have allowable service credit for
previous employment, unless the employee gives notice to the
director within 60 days following his appointment that he
desires coverage;
(35) tradesmen employed by the metropolitan waste control
commission with trade union pension plan coverage pursuant to a
collective bargaining agreement first employed after June 1,
1977; and
(36) persons employed in subsidized on-the-job training,
work experience or public service employment as enrollees under
the federal comprehensive employment and training act from and
after March 30, 1978, unless the person has as of the later of
March 30, 1978 or the date of employment sufficient service
credit in the retirement system to meet the minimum vesting
requirements for a deferred annuity, or the employer agrees in
writing on forms prescribed by the director to make the required
employer contributions, including any employer additional
contributions, on account of that person from revenue sources
other than funds provided under the federal comprehensive
employment and training act, or the person agrees in writing on
forms prescribed by the director to make the required employer
contribution in addition to the required employee contribution.
Sec. 318. Minnesota Statutes 1984, section 361.03,
subdivision 5, is amended to read:
Subd. 5. [DISPOSITION OF RECEIPTS.] All money received by
the commissioner shall be deposited with in the state
treasurer treasury and shall be expended only as may be
authorized by law for administration and enforcement of this
chapter, inspection of watercraft, and acquisition and
development of sites for public access to the waters of this
state credited to the water recreation account.
Sec. 319. Minnesota Statutes 1984, section 361.27, is
amended to read:
361.27 [BOAT AND WATER SAFETY ACCOUNT; FINES AND FORFEITED
BAIL MONEY.]
Subdivision 1. [BOAT AND WATER SAFETY.] All license fees
received under sections 361.01 to 361.29 shall be deposited in
the state treasury and credited to the general fund. A portion
of these funds the money in the water recreation account shall
be utilized by the department of natural resources to carry out
the provisions of sections 361.01 to 361.29 and a portion shall
be paid to counties and in an amount the commissioner shall
determine and be used to defray the expenses of enforcement of
the provisions of sections 361.01 to 361.29 and the expenses of
a county sponsored or administered watercraft and swimming
safety instructional program. The commissioner may withhold up
to $25,000 per biennium of the allocation for the purpose of
payments to counties and other political subdivisions for
specific boat and water safety projects beyond the capability of
previously allocated funds. Counties and other political
subdivisions shall make application for payment of these funds
on such forms and for such purposes as the commissioner shall
prescribe.
Subd. 2. [DISPOSITION FINES, BAIL MONEY.] All fines,
installment payments, and forfeited bail money collected from
persons convicted of violations of sections 361.01 to 361.28
shall be paid to the county treasurer of the county where the
violation occurred by the clerk of court or other person
collecting the moneys within 15 days after the last day of the
month in which they were collected. One-half of the receipts
shall be credited to the general revenue fund of the county.
The other one-half of the receipts shall be transmitted by the
county treasurer to state treasurer the commissioner of natural
resources to be deposited in the general fund water recreation
account in the state treasury for the purpose of boat and water
safety.
Sec. 320. Minnesota Statutes 1984, section 363.01,
subdivision 24, is amended to read:
Subd. 24. [LOCAL COMMISSION.] "Local commission" means an
agency of a city, county, or group of counties created pursuant
to law, resolution of a county board, city charter, or municipal
ordinance for the purpose of dealing with discrimination on the
basis of race, color, creed, religion, national origin, sex,
age, disability, marital status, status with regard to public
assistance, or familial status.
Sec. 321. Minnesota Statutes 1984, section 363.01, is
amended by adding a subdivision to read:
Subd. 35. [HUMAN RIGHTS INVESTIGATIVE DATA.] "Human rights
investigative data" means written documents issued or gathered
by the department for the purpose of investigating and
prosecuting alleged or suspected discrimination.
Sec. 322. Minnesota Statutes 1984, section 363.01, is
amended by adding a subdivision to read:
Subd. 36. [CONFIDENTIAL, PRIVATE, AND PUBLIC DATA ON
INDIVIDUALS AND PROTECTED NONPUBLIC DATA NOT ON
INDIVIDUALS.] "Confidential," "private," "public data on
individuals," "protected nonpublic data not on individuals," and
any other terms concerning the availability of human rights
investigative data have the meanings given them by section 13.02
of the Minnesota government data practices act.
Sec. 323. Minnesota Statutes 1984, section 363.01, is
amended by adding a subdivision to read:
Subd. 37. [CLOSED CASE FILE.] "Closed case file" means a
file containing human rights investigative data in which an
order or other decision resolving the alleged or suspected
discrimination has been made or issued by the commissioner, a
hearing officer, or a court, and the time for any
reconsideration of or appeal from the order or decision has
expired.
Sec. 324. Minnesota Statutes 1984, section 363.01, is
amended by adding a subdivision to read:
Subd. 38. [OPEN CASE FILE.] "Open case file" means a file
containing human rights investigative data in which no order or
other decision resolving the alleged or suspected discrimination
has been made or issued by the commissioner, a hearing officer,
or a court, or a file in which an order or other decision has
been issued but the time for any reconsideration or appeal of
the order or decision has either not yet expired or the
reconsideration or appeal is then pending.
Sec. 325. Minnesota Statutes 1984, section 363.05,
subdivision 2, is amended to read:
Subd. 2. [ENFORCEMENT AND EFFECT OF SUBPOENA.] (a)
Disobedience of a subpoena issued by the commissioner pursuant
to subdivision 1 shall be punishable in like manner as a
contempt of the district court in proceedings instituted upon
application of the commissioner made to the district court of
the county where the alleged unfair discriminatory practice in
connection with a charge made by a charging party or a complaint
filed by the commissioner has occurred or where the respondent
resides or has his principal place of business.
(b) It is not a violation of rights conferred by chapter 13
or any other statute related to the confidentiality of
government data for an agency to provide data or information
under a subpoena issued by the commissioner under this section.
Sec. 326. Minnesota Statutes 1984, section 363.06,
subdivision 8, is amended to read:
Subd. 8. [ACCESS TO DOCUMENTS.] The commissioner shall
provide the respondent with a copy of the charge. The charging
party or his representative may review the answer of the
respondent to the charge submitted pursuant to subdivision 1.
The department shall make these documents available to the
charging party.
Sec. 327. [363.061] [ACCESS TO CASE FILES.]
Subdivision 1. [GENERAL PROVISIONS.] Notwithstanding
section 13.39, and except as provided in section 363.06,
subdivisions 6 and 8, the availability of human rights
investigative data to persons other than department employees is
governed by this section.
Subd. 2. [ACCESS TO OPEN FILES.] (a) Human rights
investigative data on an individual, with the exception of the
name and address of the charging party and respondent, factual
basis of the allegations, and the statute under which the action
is brought, contained in an open case file is classified as
confidential. The name and address of the charging party and
respondent, factual basis of the allegations, and the statute
under which the action is brought are classified as public data
unless the commissioner determines that release of the data
would be detrimental to the investigative and enforcement
process.
(b) Human rights investigative data not on an individual
contained in an open case file is classified as protected
nonpublic data.
(c) Notwithstanding this subdivision, the commissioner may
make human rights investigative data contained in an open case
file accessible to a person, government agency, or the public if
access will aid the investigative and enforcement process.
Subd. 3. [ACCESS TO CLOSED FILES.] (a) Human rights
investigative data on an individual contained in a closed case
file is classified as private, with the exception of the
following documents: the name and address of the charging party
and respondent, factual basis of the allegations, and the
statute under which the action is brought, the part of the
summary of the investigation that does not contain identifying
data on an individual other than the complainant or respondent,
and the commissioner's memorandum determining whether probable
cause has been shown.
(b) Human rights investigative data not on an individual
contained in a closed case file is classified as nonpublic.
(c) Notwithstanding this subdivision, the commissioner may
make human rights investigative data contained in a closed case
file inaccessible to the charging party or the respondent in
order to protect medical or other security interests of the
parties or third persons.
Sec. 328. [363.114] [JURISDICTION OF COUNTY COMMISSIONS.]
If a county or group of counties creates a local
commission, the commission does not have jurisdiction over any
part of the county that is within the jurisdiction of a local
commission created by city charter or municipal ordinance.
Sec. 329. Minnesota Statutes 1984, section 363.116, is
amended to read:
363.116 [TRANSFER TO COMMISSIONER.]
A local commission may refer a matter under its
jurisdiction to the commissioner.
The charging party has the option of filing a charge either
with a local commission or the department. Notwithstanding the
provisions of any ordinance or resolution to the contrary, a
charge may be filed with a local commission within 300 days
after the occurrence of the practice. The exercise of such
choice in filing a charge with one agency shall preclude the
option of filing the same charge with the other agency. At the
time a charge comes to the attention of a local agency, the
agency or its representative shall inform the charging party of
this option, and of his rights under Laws 1967, Chapter 897.
The term "local commission" as used in this section has the
same meaning given the term in section 363.115.
Sec. 330. Minnesota Statutes 1984, section 403.11,
subdivision 1, is amended to read:
Subdivision 1. [ANNUAL RECURRING COSTS EMERGENCY TELEPHONE
SERVICE FEE.] All annual recurring costs of a public utility
incurred in the maintenance of trunking and central office
outswitching equipment for minimum 911 service shall be paid
from the general fund of the state treasury by appropriations
for that purpose. (a) Each customer of a local exchange company
is assessed a fee to cover the costs of ongoing maintenance and
related improvements for trunking and central office switching
equipment for minimum 911 emergency telephone service, plus
administrative and staffing costs of the department of
administration related to managing the 911 emergency telephone
service program.
(b) The fee may not be less than eight cents nor more than
30 cents a month for each customer access line, including trunk
equivalents as designated by the public utilities commission for
access charge purposes. The fee must be the same for all
customers.
(c) The fee must be collected by each utility providing
local exchange telephone service. Fees are payable to and must
be submitted to the commissioner of administration monthly
before the 25th of each month following the month of collection,
except that fees may be submitted quarterly if less than $250 a
month is due, or annually if less than $25 a month is due.
Receipts must be deposited in the state treasury and credited to
the special revenue fund.
(d) The commissioner of administration, with the approval
of the commissioner of finance, shall establish the amount of
the fee within the limits specified and inform the utilities of
the amount to be collected. Utilities must be given a minimum
of 45 days notice of fee changes.
Sec. 331. Minnesota Statutes 1984, section 422A.101, is
amended by adding a subdivision to read:
Subd. 2a. [CONTRIBUTIONS BY METROPOLITAN AIRPORT
COMMISSION AND METROPOLITAN WASTE CONTROL COMMISSION.] The
metropolitan airport commission and the waste control commission
shall pay to the Minneapolis employees retirement fund annually
in installments as specified in subdivision 3 the share of the
additional support rate required for full amortization of the
unfunded liabilities by the year 2017 that is attributable to
airport commission or waste control commission employees who are
members of the fund. The amount of the payment is determined by
the most recent actuarial valuation, as calculated by the
actuary for the legislative commission on pensions and
retirement.
Sec. 332. Minnesota Statutes 1984, section 422A.101,
subdivision 3, is amended to read:
Subd. 3. [STATE CONTRIBUTIONS.] The state shall pay to the
Minneapolis employees retirement fund annually an amount equal
to the financial requirements of the Minneapolis employees
retirement fund reported by the actuary in the actuarial
valuation of the fund prepared pursuant to section 356.215 for
the most recent year but based on a target date for full
amortization of the unfunded liabilities by the year 2017 less
the amount of employee contributions required pursuant to
section 422A.10, and the amount of employer contributions
required pursuant to subdivisions 1a and, 2, and 2a. Payments
shall be made in four equal installments on March 15, July 15,
September 15, and November 15 annually.
Sec. 333. Minnesota Statutes 1984, section 462A.03,
subdivision 14, is amended to read:
Subd. 14. "Federal housing assistance supplements" means
and refers to all funds or certificates of tax credit or
exemption, including mortgage credit certificates, made
available to the state of Minnesota by the federal government or
any agency or instrumentality thereof for the purpose of
assisting in providing adequate and economic housing in the
state of Minnesota.
Sec. 334. Minnesota Statutes 1984, section 462A.05,
subdivision 11, is amended to read:
Subd. 11. It may receive federal housing assistance
supplements from the federal government, or from agencies or
instrumentalities thereof; may administer and distribute said
funds supplements in accordance with the applicable provisions
of federal law or regulations governing the administration and
distribution of said supplements; and may make and publish such
rules and regulations as are necessary to enable it to receive,
administer, and distribute said supplements in accordance with
said federal laws and regulations.
Sec. 335. Minnesota Statutes 1984, section 462A.05,
subdivision 12, is amended to read:
Subd. 12. It may, from time to time, establish such funds
as may be needed in order to receive, administer, and distribute
federal housing assistance supplements. All federal housing
assistance supplements supplement funds received by the agency
are hereby appropriated to the agency.
Sec. 336. Minnesota Statutes 1984, section 462A.05, is
amended by adding a subdivision to read:
Subd. 12a. It may participate in qualified mortgage
certificate programs as provided by section 25 of the Internal
Revenue Code of 1954, as amended through December 31, 1984.
Sec. 337. Minnesota Statutes 1984, section 462A.05,
subdivision 15a, is amended to read:
Subd. 15a. It may make grants or loans to persons and
families of low and moderate income to improve the accessibility
of existing residential housing for handicapped occupants, or to
assist in paying a loan made pursuant to subdivision 14 to
improve the accessibility of existing residential housing for
handicapped occupants. Grants may be in an amount up to
$10,000, based upon the cost of the improvements, the financial
ability of the person or family receiving the grant, and other
appropriate factors including extraordinary medical expenses.
Grants may be made in connection with other agency loan or grant
programs; provided that in no case may agency rehabilitation
loans and any grants pursuant to this section total an amount
exceeding $15,000 The amount of an accessibility grant or loan
must not exceed the lesser of the actual cost of the work
performed or the part of the cost of rehabilitation the agency
determines cannot otherwise be paid by the person or family
without spending an unreasonable portion of the income of the
person or family on it, based upon the cost of the improvements
and other appropriate factors including extraordinary medical
expenses. Grants or loans made pursuant to this section may
include the payment of money for technical assistance for the
design and construction of accessibility improvements. In
making grants or loans under this subdivision, the agency shall
determine the circumstances under which and the terms and
conditions under which all or any portion thereof will be repaid
and shall determine the appropriate security should repayment be
required. The agency may gather data on available accessible
housing financed under this program and make the information
available to interested individuals and groups.
Sec. 338. Minnesota Statutes 1984, section 462A.05, is
amended by adding a subdivision to read:
Subd. 24. It may engage in housing programs for low and
moderate income elderly persons, as defined by the agency, to
provide grants or loans, with or without interest, for
(1) accessibility improvements to residences occupied by
elderly persons;
(2) housing sponsors, as defined by the agency, of home
sharing programs to match existing elderly homeowners with
prospective tenants who will contribute either rent or services
to the homeowner;
(3) the construction of or conversion of existing buildings
into structures for occupancy by the elderly that contain from
three to twelve private sleeping rooms with shared cooking
facilities and common space; and
(4) housing sponsors, as defined by the agency, to
demonstrate the potential for home equity conversion in
Minnesota for the elderly, in both rural and urban areas, and to
determine the need in those equity conversions for consumer
safeguards.
In making the grants or loans, the agency shall determine
the terms and conditions of repayment and the appropriate
security, if any, should repayment be required.
Sec. 339. Minnesota Statutes 1984, section 462A.07,
subdivision 14, is amended to read:
Subd. 14. It may engage in housing programs for low and
moderate income American Indians, as that term is defined in
section 254A.02, subdivision 11, developed and administered
separately or in combination by the Minnesota Chippewa tribe,
the Red Lake band of Chippewa Indians, and the Sioux communities
as determined by such tribe, band, or communities. In
developing such housing programs the tribe, band, or communities
shall take into account the housing needs of all American
Indians residing both on and off reservations within the state.
A plan for each such program, which specifically describes the
program (a) content, (b) utilization of funds, (c)
administration, (d) operation, (e) implementation and other
matter, as determined by the agency, must be submitted to the
agency for its review and approval prior to the making of
eligible loans pursuant to section 462A.21. All such programs
must conform to rules promulgated by the agency concerning
program administration, including but not limited to rules
concerning costs of administration; the quality of housing;
interest rates, fees and charges in connection with making
eligible loans; and other matters determined by the agency to be
necessary in order to effectuate the purposes of this
subdivision and section 462A.21, subdivisions 4b and 4c. All
such programs must provide for a reasonable balance in the
distribution of funds appropriated for the purpose of this
section between American Indians residing on and off
reservations within the state. Nothing in this section shall
preclude such tribe, band, or communities from requesting and
receiving cooperation, advice, and assistance from the agency as
regards program development, operation, delivery, financing, or
administration. As a condition to the making of such eligible
loans, the Minnesota Chippewa tribe, the Red Lake band of
Chippewa Indians and the Sioux communities shall:
(a) enter into a loan agreement and other contractual
arrangements with the agency for the purpose of transferring the
allocated portion of loan funds as set forth in section 462A.26
and to insure compliance with the provisions of this section and
this chapter, and
(b) shall agree that all of their official books and
records related to such housing programs shall be subjected to
audit by the legislative auditor in the manner prescribed for
agencies of state government.
The agency shall submit a biennial report concerning the
various housing programs for American Indians, and related
receipts and expenditures as provided in section 462A.22,
subdivision 9, and such tribe, band, or communities to the
extent that they administer such programs, shall be responsible
for any costs and expenses related to such administration
provided, however, they shall be eligible for payment for costs,
expenses and services pursuant to section 462A.07, subdivision
12, and section 462A.21. The agency may provide or cause to be
provided essential general technical services as set forth in
section 462A.07, subdivision 2, and general consultative project
assistance services, including, but not limited to, management
training, and home ownership counseling as set forth in section
462A.07, subdivision 3. Members of boards, committees, or other
governing bodies of the tribe, band, and communities
administering the programs authorized by this subdivision must
be compensated for those services as provided in section
15.0575. Rules promulgated under this subdivision may be
promulgated as emergency rules under chapter 14.
Sec. 340. Minnesota Statutes 1984, section 462A.07,
subdivision 15, is amended to read:
Subd. 15. It may engage in housing programs for low and
moderate income American Indians as that term is defined in
section 254A.02, subdivision 11, residing in the metropolitan
area defined in section 473.121, subdivision 2, and cities with
a population greater than 50,000 persons. The programs shall
demonstrate innovative methods of providing housing for urban
Indians, may involve the construction, purchase, and
rehabilitation of residential housing, and may be administered
through any other provision of this chapter. To the extent
possible, the programs shall combine appropriated money with
other money from both public and private sources, except that
interest earned on the portion of an appropriation to be
expended for Indian housing programs in the city of Duluth does
not have to be combined with money from other sources.
Effective June 30, 1985, all money allocated by the agency under
this subdivision to programs for urban Indian housing that are
not subject to active contracts shall be reallocated by the
agency to programs to fulfill the purposes of this subdivision.
Members of boards, committees, or other governing bodies of
organizations administering the urban Indian programs authorized
by this subdivision must be compensated for those services as
provided in section 15.0575. The agency shall consult with the
advisory council on urban Indians created pursuant to section
3.922, subdivision 8, in the development of programs pursuant to
this subdivision.
Sec. 341. Minnesota Statutes 1984, section 462A.08,
subdivision 3, is amended to read:
Subd. 3. All notes or bonds issued hereunder shall be
negotiable investment securities within the meaning and for all
purposes of the uniform commercial code, subject only to any
provisions of the bonds and notes for registration. All notes
and bonds so issued shall may be either general obligations of
the agency, secured by its full faith and credit, and payable
out of any moneys, assets, or revenues of the agency, subject to
the provisions of resolutions or indentures pledging and
appropriating particular moneys, assets, or revenues to
particular notes or bonds, or limited obligations of the agency
not secured by its full faith and credit, and payable solely
from those moneys, assets, or revenues of the agency as may be
authorized by resolution or indenture.
Sec. 342. Minnesota Statutes 1984, section 462A.20,
subdivision 3, is amended to read:
Subd. 3. Whenever any moneys are appropriated by the state
to the agency solely for a specified purpose or purposes, the
agency shall establish a separate bookkeeping account or
accounts in the housing development fund to record the receipt
and disbursement of such moneys and of the income, gain, and
loss from the investment and reinvestment thereof. The agency
may transfer unencumbered balances from one appropriated account
to another, provided that (1) no moneys appropriated for the
purpose of agency loan programs may be transferred to an account
to be used for making grants, and (2) moneys appropriated for
the purpose of section 462A.21, subdivisions 4a, 4f, and 4g, may
only be transferred for the purpose of section 462A.21,
subdivision 4i except that money appropriated for the purpose of
section 462A.05, subdivision 14a, may be transferred for the
purpose of section 462A.05, subdivision 15a.
Sec. 343. Minnesota Statutes 1984, section 462A.21,
subdivision 6, is amended to read:
Subd. 6. Notwithstanding the provisions of subdivision 5,
the agency shall not expend moneys in the fund for the purpose
of making rehabilitation or accessibility grants except by
specific appropriation by the legislature or by transfer of
unencumbered account balances as provided by section 462A.20,
subdivision 3.
Sec. 344. Minnesota Statutes 1984, section 462A.21, is
amended by adding a subdivision to read:
Subd. 13. It may spend money for the purpose of section
462A.05, subdivision 24, and may pay the costs and expenses
necessary and incidental to the development and operation of the
programs authorized in that subdivision.
Sec. 345. Minnesota Statutes 1984, section 462C.09, is
amended by adding a subdivision to read:
Subd. 5. [STATE CERTIFICATION.] The executive director of
the Minnesota housing finance agency is designated as the state
official to provide the pre-issuance certification required by
section 103A(j) (4) (A) of the Internal Revenue Code of 1954, as
amended through December 31, 1984.
Sec. 346. Minnesota Statutes 1984, section 466.03, is
amended by adding a subdivision to read:
Subd. 6c. [WATER ACCESS SITES.] Any claim based upon the
construction, operation, or maintenance by a municipality of a
water access site created by the iron range resources and
rehabilitation board.
Sec. 347. Minnesota Statutes 1984, section 471.345, is
amended by adding a subdivision to read:
Subd. 10. [HOSPITAL SHARED SERVICE PURCHASING.] Supplies,
materials, or equipment to be used in the operation of a
hospital licensed under sections 144.50 to 144.56 that are
purchased or leased under a shared service purchasing
arrangement whereby more than one hospital purchases supplies,
materials, or equipment with one or more other hospitals either
through one of the hospitals or through another entity, may be
purchased without regard to the competitive bidding requirements
of this section, if the following conditions are met:
(1) the hospital's governing authority authorizes the
arrangement;
(2) the shared services purchasing program purchases items
available from more than one source on the basis of competitive
bids or competitive quotations of prices; and
(3) the arrangement authorizes the hospital's governing
authority or its representatives to review the purchasing
procedures to determine compliance with these requirements.
Sec. 348. Minnesota Statutes 1984, section 472.03,
subdivision 9, is amended to read:
Subd. 9. "Minnesota fund account" means the fund account
appropriated to the state agency by section 472.13, to assist a
local agency in financing or planning a redevelopment project.
Sec. 349. Minnesota Statutes 1984, section 472.11,
subdivision 3, is amended to read:
Subd. 3. Moneys loaned by the state agency to the local
agency shall be withdrawn from the Minnesota fund account
established by section 472.13, and paid over to the local agency
in such manner as shall be provided and prescribed by the rules
and regulations of the state agency.
Sec. 350. Minnesota Statutes 1984, section 472.11,
subdivision 9, is amended to read:
Subd. 9. The state agency is empowered to provide
technical assistance loans from the Minnesota fund account for
the development and planning of redevelopment projects. The
technical assistance loans may be provided through the payment
of funds money to: (a) other state agencies or departments; (b)
the employment of private individuals; (c) the employment of
public, private, or nonprofit firms; (d) state, area, district,
or local organizations; or (e) other nonprofit
institutions. Funds Money awarded pursuant to clauses (b) and
(c) shall be in the form of loans and shall be repaid unless the
project is deemed unfeasible by the state agency. The state
agency shall require the repayment of some or all technical
assistance funds money and shall prescribe the terms and
conditions of the repayment. The amount of technical assistance
loans is limited to an aggregate of ten percent of the funds
money available in the Minnesota fund account. The technical
assistance loans shall not be included when computing the 20
percent limitation provided in section 472.125. The state
agency may loan technical assistance funds money in cooperation
with the technical assistance grant programs of any agency of
the federal government. The state agency may prescribe rules to
carry out the purposes of this subdivision.
Sec. 351. Minnesota Statutes 1984, section 472.125, is
amended to read:
472.125 [PARTICIPATION IN FEDERAL LOANS OR GUARANTEES.]
The state agency may participate with the appropriate
federal agency under the Rural Development Act of 1972, the
Public Works and Economic Development Act of 1965, or the Small
Business Act in the financing of redevelopment projects. Such
participation may take the form of loans or guarantees of any
balance remaining after federal participation. The loans or
guarantees shall be made subject to the conditions and
limitations set forth in sections 472.11 and 472.12. In no
event shall a loan or guarantee exceed 20 percent of the total
cost of the project. In addition, the total guarantees
outstanding at any time shall not exceed five times the balance
in the Minnesota fund account.
Sec. 352. Minnesota Statutes 1984, section 472.13, is
amended to read:
472.13 [APPROPRIATION TO ECONOMIC DEVELOPMENT
FUND MINNESOTA ACCOUNT.]
Subdivision 1. [APPROPRIATION ACCOUNT CREATED.] There is
appropriated out of the general fund in the state treasury not
otherwise appropriated the sum of $1,500,000 to the authority to
be used for the purposes set forth in sections 472.01 to 472.16
excluding the necessary cost of administration thereof. The sum
appropriated shall be credited to a special account In the
economic development fund created in section 116J.82,
subdivision 1c 116M.06, subdivision 4, there is created a
Minnesota account, to be drawn upon and used by the authority in
the manner and for the purposes provided for in sections 472.01
to 472.16.
Subd. 2. [LOANS.] The authority shall have the power, from
time to time, to draw upon the special Minnesota account in the
economic development fund the amounts the authority determines
for loans to local or area redevelopment agencies for the
financing and planning of redevelopment projects. When the
amounts so allocated by the authority as loans to local or area
redevelopment agencies are repaid to the authority pursuant to
the terms of its agreements with the local agency, the authority
shall pay the amounts into the special Minnesota account in the
economic development fund, it being the purpose and intent of
this section that the account shall operate as a revolving
account whereby all appropriations and payments made to it may
be applied and reapplied to the purposes of sections 472.01 to
472.16 and shall not revert to the general fund of the state.
Subd. 3. [EXCESS FUNDS MONEY.] If the authority determines
that funds money held for the credit of the special Minnesota
account in the economic development fund are is in excess of the
amounts needed by the authority to carry out the purposes of
sections 472.01 to 472.16, the authority may by resolution
release the excess from the account and transfer it to the
general fund of the state treasury.
Subd. 4. [MATCHING FUNDS MONEY.] The authority may utilize
any moneys in the special Minnesota account for the purpose of
matching federal funds money available under the Public Works
and Economic Development Act of 1965.
Sec. 353. Minnesota Statutes 1984, section 473.123,
subdivision 5, is amended to read:
Subd. 5. [METROPOLITAN COUNCIL; DUTIES AND COMPENSATION.]
The metropolitan council shall elect such officers as it deems
necessary for the conduct of its affairs other than the
chairman. A secretary and treasurer need not be members of the
metropolitan council. Meeting times and places shall be fixed
by the metropolitan council and special meetings may be called
by a majority of the members of the metropolitan council or by
the chairman thereof. Each metropolitan council member other
than the chairman shall be paid a per diem compensation of $50
for each meeting and for such other services as authorized by
the metropolitan council, and shall be reimbursed for his
reasonable expenses. The annual budget of the council shall
provide as a separate account anticipated expenditures for per
diem, travel and associated expenses for the chairman and
members, and compensation or reimbursement shall be made to the
chairman and members only when budgeted.
In the performance of its duties the metropolitan council
may promulgate rules governing its operation, establish
committees, divisions, departments and bureaus and staff the
same as necessary to carry out its duties and when specifically
authorized by law make appointments to other governmental
agencies and districts. All officers and employees of the
metropolitan council shall serve at the pleasure of the
appointing authority in the unclassified service of the state
civil service. Rules promulgated by the metropolitan council
shall be in accordance with the administrative procedure
provisions contained in chapter 14.
Sec. 354. Minnesota Statutes 1984, section 473.141,
subdivision 7, is amended to read:
Subd. 7. [COMPENSATION.] Each commission member shall be
paid a per diem compensation of $50 for each meeting and for
such other services as authorized by the commission, and shall
be reimbursed for all actual and necessary expenses incurred in
the performance of his duties in the same manner and amount as
state employees. The chairman shall receive a salary in an
amount fixed by section 15A.081 and shall be reimbursed for
reasonable expenses to the same extent as a member; provided
that the chairman of the metropolitan sports facilities
commission shall receive, unless otherwise provided by other
law, a salary in an amount fixed by the members of the
commission and shall be reimbursed for reasonable expenses to
the same extent as a member. The annual budget of each
commission shall provide as a separate account anticipated
expenditures for per diem, travel and associated expenses for
the chairman and members, and compensation or reimbursement
shall be made to the chairman and members only when budgeted.
Sec. 355. [473.351] [METROPOLITAN AREA REGIONAL PARKS
FUNDING.]
Subdivision 1. [DEFINITIONS.] The definitions in this
subdivision apply to this section.
(a) "Implementing agency" means the counties of Anoka,
Washington, Ramsey, Scott, Carver, Dakota, the city of St. Paul,
the city of Bloomington, the Minneapolis park and recreation
board, and the Hennepin county park reserve district.
(b) "Operation and maintenance expenditures" means the cost
of providing for the operation and maintenance of waters, lands,
and facilities that are a part of the metropolitan area regional
park and open space system, including but not limited to, the
provision of fire, police, maintenance, forestry, rehabilitation
expenses pertaining to routine care, and the allocation of the
administrative overhead costs of the regional park and open
space systems.
(c) "Operation and maintenance money" means money
appropriated by the legislature to the commissioner of energy
and economic development for distribution by the metropolitan
council.
(d) "Regional recreation open space systems" means those
parks that have been designated by the metropolitan council
under section 473.145.
Subd. 2. [METROPOLITAN COUNCIL OBLIGATION.] Annually
before August 1 the metropolitan council shall distribute grant
money received from the commissioner of energy and economic
development to fund the operation and maintenance expenditures
of the implementing agencies for the operation and maintenance
of regional park and open space systems. The metropolitan
council shall annually report to the legislature the amount
distributed to each implementing agency and its estimate of the
percentage of operation and maintenance expenditures paid for
with operation and maintenance money.
Subd. 3. [ALLOCATION FORMULA.] By July 1 of every year
each implementing agency must submit to the metropolitan parks
and open space commission a statement of the next annual
anticipated operation and maintenance expenditures of the
regional recreation open space parks systems within their
respective jurisdictions and the previous year's actual
expenditures. After reviewing the actual expenditures submitted
and by July 15 of each year, the parks and open space commission
shall forward to the metropolitan council the funding requests
from the implementing agencies based on the actual expenditures
made. The metropolitan council shall distribute the operation
and maintenance money as follows:
(1) 40 percent based on the use that each implementing
agency's regional recreation open space system has in proportion
to the total use of the metropolitan regional recreation open
space system;
(2) 40 percent based on the operation and maintenance
expenditures made in the previous year by each implementing
agency in proportion to the total operation and maintenance
expenditures of all of the implementing agencies; and
(3) 20 percent based on the acreage that each implementing
agency's regional recreation open space system has in proportion
to the total acreage of the metropolitan regional recreation
open space system. The 80 percent natural resource management
land acreage of the park reserves must be divided by four in
calculating the distribution under this clause.
Each implementing agency must receive no less than 40
percent of its actual operation and maintenance expenses to be
incurred in the current calendar year budget as submitted to the
parks and open space commission. If the available operation and
maintenance money is less than the total amount determined by
the formula including the preceding, the implementing agencies
will share the available money in proportion to the amounts they
would otherwise be entitled to under the formula.
Subd. 4. [IMPLEMENTING AGENCY CONTROL.] This section does
not affect, change, alter, transfer, or modify the governance,
administration, jurisdiction, or control of the implementing
agencies over the parks, water, lands, and facilities they
presently or in the future may administer, govern, or control,
nor the employment relationship between the implementing
agencies and their present and future employees.
Subd. 5. [SUNSET.] This section is repealed July 1, 1987.
Sec. 356. Minnesota Statutes 1984, section 473.605,
subdivision 2, is amended to read:
Subd. 2. Each commission member shall be paid a per diem
compensation of $50 for each meeting of the commission, one of
its committees, and attendance and participation at a meeting or
hearing as a representative of the commission pursuant to state
law or rule. Members shall be reimbursed for all actual and
necessary expenses incurred in the performance of their duties
in the same manner and amount as state employees. The chairman
shall receive compensation as determined by the commission and
shall be reimbursed for reasonable expenses to the same extent
as a member. The mayors and members of the city councils of
Minneapolis and St. Paul shall not be eligible for per diem
compensation. The annual budget of the commission shall provide
as a separate account anticipated expenditures for per diem,
travel and associated expenses for the chairman and members, and
compensation or reimbursement shall be made to the chairman and
members only when budgeted.
Sec. 357. Minnesota Statutes 1984, section 473.606,
subdivision 1, is amended to read:
Subdivision 1. The corporation shall elect from its
membership a vice-chairman and shall elect a secretary and a
treasurer, who may or may not be one of the commissioners. The
vice-chairman and, the secretary, and the treasurer shall hold
office at the pleasure of the corporation, and the secretary and
the treasurer, if not a commissioner, shall receive compensation
as determined by the corporation. The state treasurer shall be
the treasurer of the corporation, ex officio.
Sec. 358. Minnesota Statutes 1984, section 473.714, is
amended to read:
473.714 [COMPENSATION OF COMMISSIONERS.]
Each commissioner, including the officers of the commission
shall be reimbursed for his actual and necessary expenses
incurred in the performance of his duties. The chairman shall
be paid a per diem for attending meetings, monthly, executive,
and special, and each commissioner shall be paid a per diem for
attending meetings, monthly, executive, and special, which per
diem shall be established by the commission, such expense
reimbursement and per diem notwithstanding any other funds which
such commissioners may receive from any other public body. The
annual budget of the commission shall provide as a separate
account anticipated expenditures for per diem, travel and
associated expenses for the chairman and members, and
compensation or reimbursement shall be made to the chairman or
members only when budgeted.
Sec. 359. Minnesota Statutes 1984, section 477A.014, is
amended by adding a subdivision to read:
Subd. 4. The director of state planning shall annually
bill the commissioner of revenue for one-half of the costs
incurred by the state planning agency in the preparation of
materials required by section 116K.04, subdivision 4, clause
(10). The commissioner shall deduct these amounts from the next
payments to be made to appropriate local units of government.
Amounts deducted must be credited to the general fund.
Sec. 360. [480.235] [TRIAL COURT INFORMATION SYSTEM.]
The cost of operating the trial court information system in
a judicial district must be shared between the state and the
participating counties of a judicial district. The state share
of operating costs is limited to the following categories:
computer and terminal equipment hardware, computer and terminal
equipment maintenance, software acquisition and maintenance,
durable supplies, communications equipment acquisition and
maintenance, data communications, and new judicial district
systems personnel. The participating counties of a judicial
district must pay all other operating costs, including but not
limited to: space rental for computer equipment, utilities,
consumable supplies, postage, off-site computer disk file
storage, and all personnel-related expenses, other than salaries
and fringe benefits for judicial district systems personnel.
Sec. 361. Minnesota Statutes 1984, section 486.05,
subdivision 1, as amended by Laws 1985, chapter 273, section 2,
is amended to read:
Subdivision 1. In all judicial districts a salary range
for court reporters shall be established annually by the
judicial district administrator with the approval of a majority
of judges of the district. The salary for each court reporter
shall be set within that range annually by the district
administrator after consultation with the chief judge. Nothing
in this subdivision changes the manner by which court reporters
are paid, the proportions among the various counties of a
judicial district by which the funds are allocated or any
statutory provisions related to court reporter compensation
other than the manner of setting salary. Each county shall be
required by order to pay a specified amount of the salary in
monthly installments, which shall be the proportion of the whole
salary as the population in each county bears to the total
population in the district in the most recent federal census.
If a judge is temporarily transferred to hold court in a county
outside of the judge's judicial district then that county shall
pay a part of the monthly salary of the judge's reporter equal
to the part of the month worked by the reporter in the county.
The reporter, in addition to a salary, shall be paid necessary
mileage, traveling, and hotel expenses incurred in the discharge
of official duties while absent from the district home chambers
where the judge the reporter serves is assigned. The expenses
are to be paid by the county for which the expenses were
incurred upon presentation of a verified itemized statement
approved by the judge; and the auditor of the county, upon
presentation of the approved statement, shall issue a warrant
for payment.
This subdivision supersedes all laws relating to the salary
of district court reporters inconsistent with this subdivision,
except the manner of setting salary in this subdivision does not
apply to the second and fourth judicial districts.
Sec. 362. Minnesota Statutes 1984, section 487.01,
subdivision 5, is amended to read:
Subd. 5. Each county court district shall elect one county
court judge except:
(1) The district consisting of St. Louis county shall elect
six judges; two of the county court judges shall reside and
serve in and be elected at large by the voters of St. Louis
county; two of the county court judges shall reside and serve in
and be elected by the voters in that part of St. Louis county
south of the following described line: South of the south line
of township 55; except the towns of Toivola, Cedar Valley,
Kelsey, and Cotton, the area to be known as the south district;
one county court judge shall reside and serve in and be elected
by the voters of an area to be known as the northwest district,
which area lies within the following described lines in St.
Louis county: North of the south line of township 55 and west of
the west line of range 18 and excluding that part of Portage
township west of the west line of range 18; and including the
towns of McDavitt, Toivola, and Cedar Valley; and one county
court judge shall reside and serve in and be elected by the
voters of an area to be known as the northeast district, which
area lies within the following described lines in St. Louis
county: North of the south line of township 55 and east of the
west line of range 18 and including that part of Portage
township west of the west line of range 18, and the towns of
Kelsey and Cotton, and excluding the town of McDavitt.
(2) The district consisting of Dakota county, the district
consisting of Anoka county and the district consisting of
Stearns, Sherburne and Benton shall each elect five six judges;
(3) The following districts shall each elect three judges:
Olmsted and Dodge counties,
Washington county,
Blue Earth county,
Pine, Isanti and Chisago Scott and Carver counties;
(4) The following districts shall each elect two county
court judges:
Clay county,
Carver county,
Cass and Hubbard counties,
Crow Wing county,
Douglas and Grant counties,
Freeborn county,
Marshall county,
Red Lake and Pennington counties,
Mower county,
Otter Tail county,
Rice county,
Scott county,
Winona county,
Wright county,
Kandiyohi county.
(5) The number of judges to be elected may be increased by
the county board of the affected county or by the concurrence of
the county boards of those affected counties combined into
districts; provided that no new judge positions authorized
pursuant to this section may be created without specific
statutory authorization. Notwithstanding the other provisions
of this subdivision, county judge positions created by county
board action prior to April 23, 1977, shall be continued unless
terminated pursuant to subdivision 6.
Sec. 363. Minnesota Statutes 1984, section 494.01, is
amended by adding a subdivision to read:
Subd. 5. [GUIDELINES PROMULGATION.] Notwithstanding any
law to the contrary, the state court administrator may
promulgate the community dispute resolution guidelines.
Sec. 364. Laws 1985, chapter 221, section 1, is amended to
read:
Section 1. [527.21] [DEFINITIONS.]
For purposes of this chapter:
(1) "Adult" means an individual who has attained the age of
21 years, notwithstanding any law to the contrary.
(2) "Benefit plan" means an employer's plan for the benefit
of an employee or partner.
(3) "Broker" means a person lawfully engaged in the
business of effecting transactions in securities or commodities
for the person's own account or for the account of others.
(4) "Conservator" means a person appointed or qualified by
a court to act as general, limited, or temporary guardian of a
minor's property or a person legally authorized to perform
substantially the same functions.
(5) "Court" means a court that exercises probate
jurisdiction.
(6) "Custodial property" means (i) any interest in property
transferred to a custodian under this chapter and (ii) the
income from and proceeds of that interest in property.
(7) "Custodian" means a person so designated under section
9 or a successor or substitute custodian designated under
section 18.
(8) "Financial institution" means a bank, trust company,
savings institution, or credit union, chartered and supervised
under state or federal law.
(9) "Legal representative" means an individual's personal
representative or conservator.
(10) "Member of the minor's family" means the minor's
parent, stepparent, spouse, grandparent, brother, sister, uncle,
or aunt, whether of the whole or half blood or by adoption.
(11) "Minor" means an individual who has not attained the
age of 21 years, notwithstanding any law to the contrary.
(12) "Person" means an individual, corporation,
organization, or other legal entity.
(13) "Personal representative" means an executor,
administrator, successor personal representative, or special
administrator of a decedent's estate or a person legally
authorized to perform substantially the same functions.
(14) "State" includes any state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
territory or possession subject to the legislative authority of
the United States.
(15) "Street name or nominee name" means registration used
by a broker or financial institution for holding securities when
not registered in the name of the beneficial owner.
(16) "Transfer" means a transaction that creates custodial
property under section 9.
(16) (17) "Transferor" means a person who makes a transfer
under this chapter.
(17) (18) "Trust company" means a financial institution,
corporation, or other legal entity, authorized to exercise
general trust powers.
Sec. 365. Laws 1985, chapter 221, section 12, is amended
to read:
Sec. 12. [527.32] [CARE OF CUSTODIAL PROPERTY.]
(a) A custodian shall:
(1) take control of custodial property;
(2) register or record title to custodial property if
appropriate; and
(3) collect, hold, manage, invest, and reinvest custodial
property.
(b) In dealing with custodial property, a custodian shall
observe the standard of care that would be observed by a prudent
person dealing with property of another and is not limited by
any other statute restricting investments by fiduciaries. If a
custodian has a special skill or expertise or is named custodian
on the basis of representations of a special skill or expertise,
the custodian shall use that skill or expertise. However, a
custodian, in the custodian's discretion and without liability
to the minor or the minor's estate, may retain any custodial
property received from a transferor.
(c) A custodian may invest in or pay premiums on life
insurance or endowment policies on (i) the life of the minor
only if the minor or the minor's estate is the sole beneficiary,
or (ii) the life of another person in whom the minor has an
insurable interest only to the extent that the minor, the
minor's estate, or the custodian in the capacity of custodian,
is the irrevocable beneficiary.
(d) A custodian at all times shall keep custodial property
separate and distinct from all other property in a manner
sufficient to identify it clearly as custodial property of the
minor. Custodial property consisting of certificated securities
may be held on deposit at a stock brokerage firm or financial
institution registered in a street name or nominee name.
Custodial property consisting of an undivided interest is so
identified if the minor's interest is held as a tenant in common
and is fixed. Custodial property subject to recordation is so
identified if it is recorded, and custodial property subject to
registration is so identified if it is either registered, or
held in an account designated, in the name of the custodian,
followed in substance by the words: "as a custodian for
............ (name of minor) under the Minnesota uniform
transfers to minors act."
(e) A custodian shall keep records of all transactions with
respect to custodial property, including information necessary
for the preparation of the minor's tax returns, and shall make
them available for inspection at reasonable intervals by a
parent or legal representative of the minor or by the minor if
the minor has attained the age of 14 years.
Sec. 366. Minnesota Statutes 1984, section 609.101, is
amended to read:
609.101 [SURCHARGE ON FINES, ASSESSMENTS.]
When a court sentences a person convicted of a felony,
gross misdemeanor, or misdemeanor, other than a petty
misdemeanor such as a traffic or parking violation, and if the
sentence does not include payment of a fine, the court shall
impose an assessment of not less than $20 nor more than $40. If
the sentence for the felony, gross misdemeanor, or misdemeanor
includes payment of a fine of any amount, including a fine of
less than $100, the court shall impose a surcharge on the fine
of ten percent of the fine. This section applies whether or not
the person is sentenced to imprisonment and when the sentence is
suspended. The court may, upon a showing of indigency or undue
hardship upon the convicted person or his immediate family,
waive payment or authorize payment of the assessment or
surcharge in installments.
The court shall collect and forward to the commissioner of
finance the total amount of the assessment or surcharge to the
state treasurer to be deposited in and the commissioner shall
credit all money so forwarded to the general fund for the
purposes of providing services, assistance, or reparations or a
combination, to victims of crimes through programs established
under sections 611A.21 to 611A.36, under chapter 256D, and
chapter 299B. If the convicted person is sentenced to
imprisonment, the chief executive officer of the correctional
facility in which the convicted person is incarcerated may
collect the assessment or surcharge from any earnings the inmate
accrues for work performed in the correctional facility and
forward the amount to the state treasurer. The state treasurer
shall identify and report to the commissioner of finance all
amounts deposited in the general fund under this
section commissioner of finance.
Sec. 367. Minnesota Statutes 1984, section 611.216,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBLE RECIPIENTS.] The board of public
defense shall establish procedures for public defense
corporations based in this state to apply for funding by the
legislature. The applications must be submitted to the board.
The board must review and prioritize them and include a
recommended funding level for each corporation in the budget
request the board submits to the legislature. Money
appropriated to provide criminal and juvenile defense to
indigent individuals must be distributed by the board of public
defense to the nonprofit criminal and juvenile defense
corporations included in the board's budget request or otherwise
designated by law. Money may not be disbursed to a corporation
in the Leech Lake reservation area or the White Earth
reservation area without prior approval by the respective
reservation business committee. Within its geographic area of
responsibility each corporation shall accept cases involving
felony, gross misdemeanor, and misdemeanor charges and juvenile
cases if financial eligibility standards are met, unless there
is a legal reason for rejecting a case. A corporation may
accept cases arising outside its geographic area of
responsibility, as appropriate. Each corporation, in order to
ensure broad support, shall provide matching money received from
nonstate sources, which may include money from federal agencies,
local governments, private agencies, and community groups, equal
to ten percent of its state appropriation. The board of public
defense shall give notice 30 days in advance and conduct a
hearing if it has reasonable grounds to believe money
appropriated for this purpose is being improperly used, or if it
has reasonable cause to believe criminal and juvenile defense of
proper quality is not being supplied. Payment must cease from
the date of notice until either the board of public defense
determines that the money appropriated will be properly handled,
or the board of public defense determines that criminal and
juvenile defense of proper quality will be provided. A
participating corporation may give notice at any time of its
withdrawal from this program of financial assistance.
Sec. 368. Minnesota Statutes 1984, section 611.216, is
amended by adding a subdivision to read:
Subd. 4. [AUDITS.] The legislative auditor may conduct
periodic post-award audits of these grants as may be requested
by the board of public defense and approved by the legislative
audit commission.
Sec. 369. 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 the
following purposes, among others:
(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) Assessments related to violations described in section
97.49, subdivision 5, are appropriated to provide peace officer
training for persons employed by the commissioner of natural
resources who are licensed under section 626.84, subdivision 1,
clause (c), and who possess peace officer authority for the
purpose of enforcing game and fish laws.
(c) 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. 370. Laws 1984, chapter 502, article 5, section 19,
subdivision 1, is amended to read:
Subdivision 1. [APPROPRIATION.] The sum of $3,400,000 is
approrpriated from the general fund to the commissioner of
energy and economic development for the purpose of providing
grants to industrial operations that are substantially
renovating their facilities, provided that the renovation
enables the operation to continue to provide a substantial
portion of the industrial employment of the community in which
it is located. The grant is intended to help meet the cost of
property tax increases due to plant expansion or renovation and
the cost of sales tax or equipment purchased to replace
obsolete, inadequate, or inefficient equipment in the plant.
Of the sum appropriated, up to $1,000,000 may be granted to
a meat processing and packing facility that, at the time when
renovation or expansion of the facility begins, provides over 20
percent of the industrial employment in the city. The entire
amount of this grant may be paid on or after July 1, 1984.
Up to $2,400,000 may be granted to a manufacturer of
internal combustion engines, generators, electrical generating
sets, and switchgear that, at the time when renovation or
expansion of the facility begins, provides over ten percent of
the industrial employment in the city. This grant is to be
disbursed as follows. The recipient must annually certify to
the commissioner the following amounts paid during the year:
(a) the additional property taxes paid as a result of the
expansion and (b) one-third of the sales tax paid on replacement
capital equipment that does not qualify for the four percent
sales tax rate under Minnesota Statutes, section 297A.02,
subdivision 2. The commissioner shall pay the lesser of the
amount certified for the year or $480,000. If in a year the
amount certified is less than $480,000, the excess shall
carryforward and may be paid in a succeeding year. The
commissioner may not pay an amount in excess of that certified.
The appropriation for this grant does not cancel.
An additional sum of $100,000 is appropriated to the
commissioner of energy and economic development to provide a
grant to a statutory or home rule charter city which is selected
as the site for a foreign manufacturing development facility.
This grant is not subject to the limitations contained in the
first paragraph of this subdivision. A foreign manufacturing
development project is a production and office facility
financed, in whole or part, by an agency of a foreign government
or a foreign corporation for the purpose of testing and
developing the expertise of foreign firms in manufacturing
products in the United States. The statutory or home rule
charter city may use the grant moneys to provide assistance to
the foreign manufacturing development facility in the manner it
determines appropriate.
Designation of grant recipients is not subject to the
provisions of chapter 14.
Sec. 371. Laws 1985, chapter 4, section 6, subdivision 3,
as amended by Laws 1985, chapter 114, section 2, is amended to
read:
Subd. 3. [LOAN SUBMISSION.] The lender must submit to the
commissioner all farm operating loans made by the lender for
which the lender requests the state to pay part of the interest,
except that no loan or line of credit made by a lender to
refinance credit on 1985 operating loans made by a lender may be
approved by the commissioner. The commissioner must review the
loan within five days after receipt. The commissioner may not
pay interest on loans submitted after December 31, 1985.
Sec. 372. [NATURAL RESOURCES RESEARCH INSTITUTE.]
Notwithstanding any other law, the commissioner of iron
range resources and rehabilitation may transfer ownership and
convey title to any property or equipment under the
commissioner's control to the natural resources research
institute, a division of the University of Minnesota, at a price
and under terms mutually agreed to by the commissioner and the
institute.
Sec. 373. [DAKOTA COUNTY; RESOURCE RECOVERY.]
Subdivision 1. [NONMETROPOLITAN COUNTY POWERS.] Dakota
county may exercise the powers of a county under Minnesota
Statutes, section 400.08, in addition to the powers that Dakota
county may exercise under other law. The county may expend
money for resource recovery purposes under Minnesota Statutes,
sections 473.801 to 473.845.
Subd. 2. [LEASE OR SALE OF PROPERTY.] Dakota county may
sell or lease any facilities or property or property rights to
accomplish the purposes specified by Minnesota Statutes,
sections 473.149, 473.151, and 473.801 to 473.823, 473.831,
473.833, and 473.834. The property may be sold or leased in the
manner provided by Minnesota Statutes, section 458.196 or may be
sold or leased in the manner and on the terms and conditions
determined by the county board. Each metropolitan county may
convey to or permit the use of the property by a local
government unit, with or without compensation, without
submitting the matter to the voters of the county. Real
property or property rights acquired under this section may not
be disposed of in any manner unless and until the county has
submitted to the agency and the metropolitan council for review
and comment the terms on and the use for which the property will
be disposed of. The agency and the council shall review and
comment on the proposed disposition within 60 days after each
has received the data relating thereto from the county.
Sec. 374. [INSTRUCTION TO REVISOR.]
In Minnesota Statutes, the revisor of statutes is directed
to change the words "state zoological board" to "Minnesota
zoological board."
Sec. 375. [APPLICATION.]
Sections 353 to 358 apply to the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 376. [REPEALER.]
Subdivision 1. Minnesota Statutes 1984, sections 7.01;
7.013; 7.02; 7.03; 7.04; 7.05; 7.13; 7.14; 7.15; 7.16; 7.17;
7.18; 10.18; 10.19; 10.20; 10.21; 10.22; 10.23; 16A.42,
subdivision 3; 40.19, subdivisions 3, 4, 10, 12, 14, and 15;
40A.13, subdivisions 2, 3, 4, and 5; 43A.19, subdivision 2;
46.15; 47.20, subdivisions 11 and 12; 48.19; 48.57; 48.58;
48.87; 69.031, subdivision 2; 84.088; 85A.03; 85A.04,
subdivision 3; 124.471; 296.10; 349.212, subdivision 3, as
amended by Laws 1985, chapter 3, section 2; 360.301; 360.302;
360.304; 360.306; 360.388; and 360.389; Laws 1984, chapter 502,
article 10, section 12; and chapter 654, article 2, section 151,
are repealed.
Subd. 2. Laws 1982, chapter 489, section 11, is repealed
effective June 30, 1985.
Subd. 3. Minnesota Statutes 1984, section 85A.01,
subdivision 1a, is repealed July 1, 1986.
Sec. 377. Laws 1985, chapter 258, section 1, subdivision
1, is amended to read:
Subdivision 1. [DELAY BEFORE SLAUGHTER REQUIRED.] Any
livestock dealer, market operator, stockyard operator,
commission company, buying station, or slaughtering
establishment must identify the herd of origin, regardless of
country of origin, of sows, boars, stags, and other swine for
slaughter, except for sows, boars, and stags. Sows, boars,
stags, or other Swine, except for sows, boars, and stags,
delivered for slaughter in a United States Department of
Agriculture sealed shipment may not be slaughtered for a period
of (1) seven days after receipt for slaughter or (2) until the
commissioner determines, based upon laboratory analysis results
for 50 percent of the animals in the shipment, that the animals
meet United States Department of Agriculture and the United
States Food and Drug Administration standards, whichever is
later.
Sec. 378. [EFFECTIVE DATE.]
Sections 370 and 377 are effective the day following final
enactment. Section 199 is effective June 30, 1985. Section 366
is effective July 1, 1985, and applies to crimes committed on or
after that date. Section 191 is effective October 1, 1985, and
applies to 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. Section 188 is effective for promissory notes taken
on and after January 1, 1986. Sections 291, 364, and 365 are
effective January 1, 1986. Sections 220, 221, and 223 to 227
are effective for the licensing year beginning March 1, 1986,
and for each licensing year thereafter. Sections 202, 208 to
211 and 216 are effective July 1, 1986. Section 330 is
effective January 1, 1987. Section 369 is effective July 1,
1987.
Approved June 27, 1985
Official Publication of the State of Minnesota
Revisor of Statutes