language to be deleted (2) new language
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 ismay 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) 25ten 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 ismay 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 1215 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 mayand 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 mayshall 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