Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 684-S.F.No. 2565 
           An act relating to the organization and operation of 
          state government; appropriating money for the 
          department of transportation and other agencies with 
          certain conditions; providing for regulation of 
          certain activities and practices; requiring studies 
          and reports; providing for certain funds, accounts, 
          and fees; amending Minnesota Statutes 1986, sections 
          84B.11, subdivision 2; 174.32, subdivision 2; and 
          611A.71, subdivisions 1 and 4; Minnesota Statutes 1987 
          Supplement, sections 171.29, subdivision 2; and 473.17;
          proposing coding for new law in Minnesota Statutes, 
          chapters 138 and 473. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1 
    Section 1.  [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 "1988" and "1989," where used in this act, mean that the 
appropriation or appropriations listed under them are available 
for the year ending June 30, 1988, or June 30, 1989, 
respectively.  
                      SUMMARY BY FUND 
                             1988         1989           TOTAL   
General                  $  2,003,000 $    697,000   $  2,700,000
Special Revenue                            538,000        538,000
Trunk Highway                   -0-         36,600         36,600
TOTAL                    $  2,003,000 $  1,271,600   $  3,274,600
                                               APPROPRIATIONS
                                           Available for the Year
                                               Ending June 30
                                             1988         1989
     Sec. 2.  TRANSPORTATION
The approved complement of the 
department of transportation is 
increased by one trunk highway fund 
position. 
The appropriation in Laws 1987, chapter 
358, section 2, subdivision 7, 
paragraph (b), includes $685,200 the 
first year and $685,200 the second year 
for data processing development.  If 
the appropriation for either year is 
insufficient, the appropriation for the 
other year is available for it. 
The funding source for the 
appropriations in Laws 1987, chapter 
358, section 2, subdivision 7, 
paragraph (b), is changed by shifting 
$20,000 the first year and $21,000 the 
second year from the trunk highway fund 
to the state airports fund for data 
processing development. 
     Sec. 3.  TRANSPORTATION
REGULATION BOARD                                           36,600
 This appropriation is from the trunk 
highway fund and is added to the 
appropriation for the same purpose in 
Laws 1987, chapter 358, section 4.  The 
approved complement of the 
transportation regulation board is 
increased by one position in fiscal 
year 1989. 
     Sec. 4.  PUBLIC SAFETY               1,940,000       543,000
(a) The approved complement of the 
department of public safety is 
increased by eight positions in the 
special revenue fund. 
(b) $1,940,000 is to pay the state's 
share of the costs of damage to 
individual and public property that is 
eligible for payment assistance under 
the presidential declaration of a major 
disaster, FEMA-0797-DR.  The 
unencumbered balance remaining in the 
first year does not cancel and is 
available for the second year. 
(c) $5,000 is for printing of driver's 
license renewal notice communications 
about organ donation.  The department 
may accept materials or contributions 
from voluntary or other organizations 
to aid the organ donor program. 
(d) $538,000 is appropriated from the 
bureau of criminal apprehension account 
in the special revenue fund.  Of this 
amount, $430,000 is for laboratory 
activities and $108,000 is for grants 
to local officials for the cooperative 
investigation of cross-jurisdictional 
criminal activity. 
     Sec. 5.  AGRICULTURE 
Oak Wilt Control                              20,000       40,000
 This appropriation is added to the 
appropriation for oak wilt control in 
Laws 1987, chapter 358, section 7, 
subdivision 2.  The approved complement 
of the department of agriculture is 
increased by one position.  The 
department shall cooperate with the 
department of natural resources and the 
University of Minnesota in Oak Wilt 
control activities.  Any unencumbered 
balance remaining in the first year 
does not cancel but is available for 
the second year. 
     Sec. 6.  BOARD OF WATER AND SOIL
RESOURCES
Comprehensive Local Water Planning            43,000      172,000
The approved complement of the board of 
water and soil resources is increased 
by three positions.  The unencumbered 
balance remaining in the first year 
does not cancel but is available for 
the second year. 
     Sec. 7.  CHARITABLE GAMBLING
CONTROL BOARD
Increased Enforcement                                     250,000
The approved complement of the 
charitable gambling control board is 
increased by six positions. 
The charitable gambling control board 
shall promulgate emergency rules to 
limit the amount charged for lease or 
rental of space used for charitable 
gambling purposes.  The rules shall 
include, but not be limited to, a 
formula which assures a fair and 
equitable charge per square foot.  
     Sec. 8.  MINNESOTA HISTORICAL
SOCIETY                                                   145,000
(a) $20,000 is for a grant to the 
Minnesota Humanities Commission. 
This appropriation is available only as 
matched dollar for dollar by federal 
money. 
(b) $25,000 is for new exhibits and a 
film for the Lindbergh Interpretive 
Center at Little Falls, to be available 
until the project has been completed or 
abandoned. 
(c) $40,000 is for a joint venture with 
the Hubert H. Humphrey Institute of 
Public Affairs for the purpose of 
converting certain audio-visual 
collections of the society into a form 
usable by the institute for exhibit 
purposes.  The collection items to be 
converted will be selected by the 
institute with the society's prior 
approval.  
(d) $40,000 is for a St. Anthony Falls 
heritage interpretive zone and heritage 
board. 
(e) $20,000 is for a grant to the 
Southwest Regional Development 
Commission to conduct a detailed 
feasibility study and planning for a 
facility to be located on marked 
interstate highway No. 90 in Jackson, 
Rock, or Nobles county to be known as 
the Prairieland Expo Center.  The 
purpose of the proposed center is to 
promote local attractions which have 
historical or historically related 
significance.  
 The Southwest Regional Development 
Commission shall submit a report to the 
legislature by February 15, 1989, on 
the results of the study and planning 
efforts. 
     Sec. 9.  BOARD OF THE ARTS                            75,000
This appropriation is to be distributed 
as follows: 
$27,800 is for regional arts councils. 
$47,200 is for, on a prorated basis 
using the same percentages applied to 
the fiscal year 1988 distribution, the 
following groups: 
    Group I 
    Group II 
    Series Presentors 
    Artists in Education 
    Artist Assistance 
    A.C.C. Craft Fair 
     Sec. 10.  MILITARY ORDER OF THE
PURPLE HEART
Veterans' Assistance                                       10,000
This appropriation is to assist 
veterans in the preparation and 
presentation of claims to the United 
States government for compensation and 
other benefits to which they are 
entitled as a result of disabilities 
incurred in military service. 
    Sec. 11.  [SPECIAL TOWN ROAD ACCOUNT.] 
    Subdivision 1.  [ACCOUNT CREATED.] There is created in the 
state treasury a special town road account, consisting of money 
credited under subdivision 2.  
    Subd. 2.  [ACCOUNT FUNDED.] Notwithstanding Minnesota 
Statutes, section 297B.09 or other law, in the fiscal year 
ending June 30, 1989, the first $250,000 which would otherwise 
be credited to the highway user tax distribution fund under 
Minnesota Statutes, section 297B.09, must be set aside and 
credited to the special town road account created in subdivision 
1.  
    Subd. 3.  [DISTRIBUTION OF ACCOUNT.] The commissioner shall 
distribute money in the special town road account and provide 
for distribution of money in the fund among towns for the 
purpose of aiding in the maintenance of town roads which provide 
substantial access to a state park, state institution, or unit 
of the state outdoor recreation system as defined in Minnesota 
Statutes, section 86A.04.  The formula must give priority in the 
distribution of money in the fund to those towns maintaining 
town roads which provide access to a state park.  
    Subd. 4.  [TERMINATION OF ACCOUNT.] The account created in 
subdivision 1 expires June 30, 1990.  The state treasurer shall 
credit all undistributed money in the account on that date to 
the highway user tax distribution fund. 
    Subd. 5.  [REPEALER.] This section is repealed effective 
July 1, 1990. 
    Sec. 12.  Minnesota Statutes 1986, section 84B.11, 
subdivision 2, is amended to read:  
    Subd. 2.  The committee shall conduct meetings and research 
into all matters related to the establishment and operation of 
Voyageurs National Park, and shall make such recommendations to 
the United States National Park Service and other federal and 
state agencies concerned, regarding operation of the park as the 
committee deems advisable.  A copy of each recommendation shall 
be filed with the legislative reference library.  The committee 
shall not apply for and accept money from public or private 
sources other than the legislature, except that the committee 
may apply for and receive up to $25,000 per biennium in money 
from private sources.  Subject to the availability of 
legislative appropriation or other funding therefor, the 
committee may employ staff and may contract for consulting 
services relating to matters within its authority. 
    Sec. 13.  [138.761] [PURPOSE.] 
    The legislature finds that the St. Anthony Falls area in 
Hennepin county and the city of Minneapolis has a concentration 
of outstanding and distinctive historical and architectural 
resources.  There is a need to develop a comprehensive plan to 
interpret historical resources in that area to start the process 
of encouraging development of that area's historical resources.  
Sections 13 to 17 provide incentives for a joint board to 
develop and implement a comprehensive interpretive plan for the 
St. Anthony Falls area, complementing existing planning and 
development activities on the riverfront by using state, 
federal, and local funding for historic interpretation. 
    Sec. 14.  [138.762] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] The definitions in this section 
apply to sections 13 to 17. 
    Subd. 2.  [BOARD.] "Board" means the St. Anthony Falls 
heritage board created in section 15. 
    Subd. 3.  [CITY COUNCIL.] "City council" means the city 
council of the city of Minneapolis.  
    Subd. 4.  [HERITAGE INTERPRETIVE ZONE; ZONE.] "Heritage 
interpretive zone" or "zone" means the land and water area 
including air rights that begins at the intersection of Second 
Street North and Plymouth Avenue, crossing the Mississippi River 
on Plymouth Avenue; thence along the east bank of the 
Mississippi River to Hennepin Avenue; thence northeasterly on 
Hennepin Avenue to University Avenue; thence easterly on 
University Avenue to I 35W; thence southwesterly across the 
river to Second Street South; thence along Second Street South 
and Second Street North to the point of beginning. 
    Subd. 5.  [MAYOR.] "Mayor" means the mayor of the city of 
Minneapolis. 
    Subd. 6.  [PARK BOARD.] "Park board" means the park and 
recreation board of the city of Minneapolis. 
    Subd. 7.  [PLAN.] "Plan" means a comprehensive interpretive 
plan for the heritage enterprise zone. 
    Subd. 8.  [PRESERVATION COMMISSION.] "Preservation 
commission" means the heritage preservation commission of the 
city of Minneapolis. 
    Subd. 9.  [PRESERVATION OFFICE.] "Preservation office" 
means the state historic preservation office. 
    Subd. 10.  [SOCIETY.] "Society" means the Minnesota 
historical society. 
    Sec. 15.  [138.763] [ST. ANTHONY FALLS HERITAGE BOARD.] 
    Subdivision 1.  [MEMBERSHIP.] There is a St. Anthony Falls 
heritage board consisting of ten members with the director of 
the Minnesota historical society as chair.  The members include 
the mayor, two members each from the city council and the park 
board, and one each from the preservation commission, the 
preservation office, Hennepin county historical society, and the 
society. 
    Subd. 2.  [REPORT.] The board shall report its actions to 
the appropriate policy committees of the legislature in the 
first year of each biennium. 
    Subd. 3.  [COMPREHENSIVE PLAN.] The board shall develop and 
make available to interested parties a comprehensive 
interpretive plan for interpretation of significant historical 
components in the zone.  The plan must include, but is not 
limited to, significant historic and natural features such as 
the river, bridges, buildings, machinery that is part of the 
milling story, underground canals, stone paving, waterfall, 
railway components, and a heritage trail system that interlocks 
historic features of the zone.  The plan must evaluate 
significant historic resources and interpretive options that 
will tell the story of the zone and its relationship to the city 
and the state. 
    Subd. 4.  [GRANTS.] The board may make grants and shall 
establish procedures to evaluate plans submitted for grants. 
    Subd. 5.  [COMPENSATION.] Board members may be compensated 
for expenses in accordance with section 15.0575, subdivision 3. 
    Sec. 16.  [138.764] [GRANTS.] 
    The board may provide project assistance grants for the 
interpretation of historical resources that are a part of the 
plan.  These grants must relate to a historical resource 
identified in the plan and may not exceed half of the cost of 
interpreting a specific historical resource. 
    Sec. 17.  [138.765] [ZONE COORDINATOR.] 
    The Minnesota historical society is the coordinator of the 
heritage interpretive zone and has a responsibility for public 
education relating to the zone and for certification of all 
historical resources established in the plan.  The society may 
use up to four percent of funds appropriated for sections 13 to 
17 for coordination.  The coordinator must be on the staff of 
the Minnesota historical society and shall serve as secretary to 
the board. 
    Sec. 18.  [138.766] [MATCH.] 
    The city of Minneapolis and the park board shall provide 
match in money or in kind for the project under sections 13 to 
17 on a dollar for dollar basis. 
    Sec. 19.  Minnesota Statutes 1987 Supplement, section 
171.29, subdivision 2, is amended to read: 
    Subd. 2.  (a) A person whose drivers license has been 
revoked as provided in subdivision 1, except under section 
169.121 or 169.123, shall pay a $30 fee before the person's 
drivers license is reinstated. 
    (b) A person whose drivers license has been revoked as 
provided in subdivision 1 under section 169.121 or 169.123 shall 
pay a $200 fee before the person's drivers license is reinstated 
to be credited as follows: 
    (1) 25 percent shall be credited to the trunk highway fund; 
    (2) 50 percent shall be credited to a separate account to 
be known as the county probation reimbursement account.  Money 
in this account is may be appropriated to the commissioner of 
corrections for the costs that counties assume under Laws 1959, 
chapter 698, of providing probation and parole services to wards 
of the commissioner of corrections.  This money is provided in 
addition to any money which the counties currently receive under 
section 260.311, subdivision 5; and 
    (3) 25 ten percent shall be credited to a separate account 
to be known as the bureau of criminal apprehension account.  
Money in this account may be appropriated to the commissioner of 
public safety and shall be divided as follows:  eight percent 
for laboratory costs; two percent for carrying out the 
provisions of section 299C.065; 
    (4) 15 percent shall be credited to a separate account to 
be known as the alcohol impaired driver education account.  
Money in the account is may be appropriated to the commissioner 
of education for grants to develop alcohol impaired driver 
education programs in elementary, secondary, and post-secondary 
schools.  The state board of education shall establish 
guidelines for the distribution of the grants.  The commissioner 
of education shall report to the legislature by January 15, 
1988, on the expenditure of grant funds under this clause.  Each 
year the commissioner may use $100,000 to administer the grant 
program and other traffic safety education programs. 
    Sec. 20.  [ALCOHOL IMPAIRED DRIVER EDUCATION ACCOUNT.] 
    Notwithstanding Minnesota Statutes, section 171.29, 
subdivision 2, for the period July 1, 1988 through June 30, 
1989, the amount credited to the alcohol impaired driver 
education account shall be 15 percent and ten percent shall be 
credited to a separate account to be known as the bureau of 
criminal apprehension account.  Money in this account may be 
appropriated to the commissioner of public safety and shall be 
divided as follows:  eight percent for laboratory costs; two 
percent for carrying out the provisions of section 299C.065.  
     Sec. 21.  Minnesota Statutes 1986, section 611A.71, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CREATION.] The Minnesota crime victim and 
witness advisory council is established and shall consist of 
12 15 members.  
    Sec. 22.  Minnesota Statutes 1986, section 611A.71, 
subdivision 4, is amended to read: 
    Subd. 4.  [COMPENSATION.] Each member of the council shall 
serve without compensation.  However, members of the council 
shall receive expenses in the same manner and amount as provided 
in the commissioner's plan under section 43A.18, subdivision 2; 
provided that payments for expenses incurred must be paid from 
the existing appropriation for the administrative portion of the 
operating budget for the crime victims reparations activity. 
    Sec. 23.  [REPEALER.] 
    Sections 13 to 18 are repealed, effective July 1, 1997. 
    Sec. 24.  [EFFECTIVE DATE.] 
    This article is effective the day following final 
enactment, except that section 19 is effective July 1, 1989, and 
section 20 is effective July 1, 1988. 

                               ARTICLE 2 

                                TRANSIT 
    Section 1.  [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 "1988" and "1989," where used in this act, mean that the 
appropriation or appropriations listed under them are available 
for the year ending June 30, 1988, or June 30, 1989, 
respectively.  
                                               APPROPRIATIONS
                                           Available for the Year
                                               Ending June 30
                                             1988         1989
     Sec. 2.  TRANSPORTATION
(a) Non-Metropolitan Transit
Assistance                                              3,580,000
This appropriation is added to the 
appropriations for the same purposes in 
Laws 1987, chapter 358, section 2. 
(b) Light Rail Transit                                  4,170,000
 Notwithstanding the provisions of 
Minnesota Statutes, section 174.32, 
this appropriation is for distribution 
to regional railroad authorities in the 
metropolitan area if matched by other 
funds on a dollar for dollar basis for 
planning, preliminary engineering, 
design, and construction of light rail 
transit facilities.  None of these 
funds may be expended by the 
commissioner for administrative costs.  
The appropriations in this section are 
from the transit assistance fund. 
 Funds appropriated for light rail 
transit should be considered as base 
level funding for presentation in the 
1990-1991 biennial budget. 
     Sec. 3.  REGIONAL TRANSIT BOARD
(a) Regular Route Service                  1,038,000      692,000
 This appropriation may be used only to 
replace reductions in federal operating 
assistance to the transit commission 
or, after replacing all such 
reductions, to improve regular route 
transit service levels. 
(b) Metro Mobility                         2,000,000    4,000,000
The board may establish policies 
requiring financial participation by 
institutions or organizations that 
derive special benefits from Metro 
Mobility services.  
 By June 1 and December 1, 1988, the 
board shall submit a report on metro 
mobility to the chairs of the 
agriculture, transportation, and 
semi-states divisions of the house 
appropriations and senate finance 
committees and the chairs of the house 
metropolitan affairs and senate 
transportation committees, for their 
advisory comment and recommendation.  
The report must summarize policies or 
plans of the board and performance 
statistics on:  service standards, 
service priorities, complaints, 
certification, provider contracts, trip 
reimbursements, and social agency cost 
sharing.  The report must also 
summarize changes and planned changes 
in communications, management, and 
administration. 
(c) Social Fares                                          700,000
 This appropriation is available for 
expenditure only to reimburse a regular 
route provider for fare revenue lost if 
senior fares remain unchanged in a 
general restructuring of regular route 
fares. 
(d) New Service                                         1,600,000
The appropriations in this section are 
from the transit assistance fund. 
    Sec. 4.  Minnesota Statutes 1986, section 174.32, 
subdivision 2, is amended to read: 
    Subd. 2.  [TRANSIT ASSISTANCE FUND; DISTRIBUTION.] (a) A 
transit assistance fund is created for the purpose of receiving 
money distributed under section 297B.09.  Eighty percent of the 
receipts of the fund must be placed into a metropolitan account 
for distribution to recipients located in the metropolitan area 
and 20 percent into a separate account for distribution to 
recipients located outside of the metropolitan area.  Except as 
otherwise provided in this subdivision, the regional transit 
board created by section 473.373 is responsible for distributing 
assistance from the metropolitan account, and the commissioner 
is responsible for distributing assistance from the other 
account.  Money placed in the metropolitan account is available 
for distribution to regional railroad authorities established 
under chapter 398A in the metropolitan area, by the commissioner 
of transportation as provided in paragraph (b). 
    (b) The commissioner shall request applications from all 
eligible regional railroad authorities.  The commissioner shall 
establish a reasonable deadline for submittal of applications.  
The commissioner may not distribute more than 60 percent of the 
available funds to a single recipient.  Before distributing 
money to any regional railroad authority, the commissioner shall 
request review and comment on the applications from the 
metropolitan council and the regional transit board.  The 
council and the board have 60 days to comment.  The commissioner 
shall consider the comments of the council and the board in 
evaluating applications and distributing funds.  Before 
distributing any funds for construction, the commissioner shall 
report to the legislature on the use and planned distribution of 
construction funds. 
    Sec. 5.  Minnesota Statutes 1987 Supplement, section 
473.17, is amended to read: 
    473.17 [COOPERATION IN LIGHT RAIL TRANSIT.] 
    Notwithstanding section 473.398, the metropolitan council 
may and the regional transit board shall cooperate with regional 
rail authorities in the study, planning, and design of regional 
rail authority light rail transit systems, and the metropolitan 
transit commission may shall cooperate with regional rail 
authorities in the operational planning and operation of 
regional rail authority light rail transit systems. 
    Sec. 6.  [473.4051] [LIGHT RAIL TRANSIT OPERATION.] 
    The transit commission may enter into an agreement to 
provide for the operation of a regional rail authority light 
rail transit system upon completion of construction of the 
system by the regional rail authority.  If a regional rail 
authority enters into an agreement with the transit commission 
for the operation of the system, the transit commission must 
comply with the provisions of section 473.415. 
     Sec. 7.  [EFFECTIVE DATE.] 
    This article is effective the day following final enactment.
    Approved April 27, 1988