Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1989, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1989
CHAPTER 269-S.F.No. 1618
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; providing for
certain rights-of-way; requiring studies and reports;
fixing and limiting accounts and fees; amending
Minnesota Statutes 1988, sections 12.14; 41A.09;
43A.08, subdivision 1; 168.123, subdivision 2; 168.33,
subdivisions 2 and 7; 173.25; 237.30; 341.10; 373.35,
subdivision 1; 473.384, subdivision 7; 473.386,
subdivision 4; and 505.1792, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 299C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [TRANSPORTATION AND OTHER AGENCIES;
APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "1989," "1990," and "1991," where used in this act, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 1989, June 30, 1990, or
June 30, 1991, respectively.
SUMMARY BY FUND
1990 1991 TOTAL
General $ 94,998,000 $ 94,533,000 $ 189,531,000
Special Revenue 5,827,000 5,988,000 11,815,000
Airports 14,099,000 13,927,000 28,026,000
M.S.A.S. 76,800,000 78,200,000 155,000,000
C.S.A.H. 237,400,000 242,000,000 479,400,000
Tr. Hwy. 796,051,000 813,602,000 1,609,653,000
Hwy. User 11,047,000 11,287,000 22,334,000
Transit Assistance 23,344,000 23,344,000 46,688,000
Motor Vehicle Transfer 869,000 869,000 1,738,000
Petroleum Cleanup 56,000 56,000 112,000
Transfers to Other
Direct (2,789,000) (2,543,000) (5,332,000)
TOTAL $ $1,257,702,000 $1,281,263,000 $2,538,965,000
APPROPRIATIONS
Available for the Year
Ending June 30
1990 1991
Sec. 2. TRANSPORTATION
Subdivision 1. Total
Appropriation $1,076,057,000 $1,101,119,000
Approved Complement - 4,767
General - 14
State Airports - 40
Trunk Highway - 4,697
Federal - 16
The appropriations in this section are
from the trunk highway fund, except
where another fund is named.
Summary by Fund
General $ 4,205,000 $ 4,203,000
Airports $ 14,099,000 $ 13,927,000
M.S.A.S. $ 76,800,000 $ 78,200,000
C.S.A.H. $237,400,000 $242,000,000
Trunk Highway $734,607,000 $753,843,000
Transit Assistance
Fund $ 8,077,000 $ 8,077,000
Motor Vehicle
Transfer $ 869,000 $ 869,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Highway Development 750,467,000 791,014,000
Summary by Fund
M.S.A.S. $ 76,800,000 $ 78,200,000
C.S.A.H. $237,400,000 $242,000,000
Trunk Highway $435,398,000 $469,945,000
Motor Vehicle
Transfer $ 869,000 $869,000
(a) Trunk Highways
1990 1991
$426,816,000 $426,816,000
Summary by Fund
Trunk Highway $425,947,000 $425,947,000
Motor Vehicle $ 869,000 $ 869,000
Transfer
It is estimated that the appropriation
from the trunk highway fund will be
funded as follows:
Federal Highway Aid
$210,000,000 $210,000,000
Highway User Taxes
$215,947,000 $215,947,000
The commissioner of transportation
shall notify the chair of the committee
on finance of the senate and chair of
the committee on appropriations of the
house of representatives promptly of
any events that should cause these
estimates to change.
This appropriation is for the actual
construction, reconstruction, and
improvement of trunk highways. This
includes the cost of actual payment to
landowners for lands acquired for
highway right-of-way, payment to
lessees, interest subsidies, and
relocation expenses.
$300,000 appropriated by Laws 1988,
chapter 603, section 7, paragraph (a),
from the highway user tax distribution
fund to the transportation study board
is available until June 30, 1991.
(b) County State Aids
$237,400,000 $242,000,000
This appropriation is from the county
state-aid highway fund and is available
until spent.
(c) Municipal State Aids
$ 76,800,000 $ 78,200,000
This appropriation is from the
municipal state-aid street fund and is
available until spent.
If an appropriation for either county
state aids or municipal state aids does
not exhaust the balance in the fund
from which it is made in the year for
which it is made, the commissioner of
finance, upon request of the
commissioner of transportation, shall
notify the committee on finance of the
senate and the committee on
appropriations of the house of
representatives of the amount of the
remainder and shall then add that
amount to the appropriation. The
amount added is appropriated for the
purposes of county state aids or
municipal state aids, as appropriate.
(d) Highway Debt Service
$ 9,451,000 $ 43,998,000
$9,057,000 the first year and
$8,704,000 the second year are for
transfer to the state bond fund.
If this appropriation is insufficient
to make all transfers required in the
year for which it is made, the
commissioner of finance shall notify
the committee on finance of the senate
and the committee on appropriations of
the house of representatives of the
amount of the deficiency and shall then
transfer that amount under the
statutory open appropriation.
Any excess appropriation must be
canceled to the trunk highway fund.
Subd. 3. Public Transit
Assistance 11,551,000 11,551,000
Summary by Fund
General $ 3,474,000 $ 3,474,000
Transit Assistance $ 8,077,000 $ 8,077,000
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
Up to $100,000 of this appropriation
may be used for a study of
transportation services provided by
volunteer drivers, including, but not
limited to, identification of issues
relating to insurance availability and
cost. The commissioner shall report
the findings of the study to the 1991
legislature.
(a) Light Rail Transit
$ 3,408,000 $ 3,408,000
This appropriation is from the transit
assistance fund.
A grant for light rail transit service
within the seven-county metropolitan
area must be made only with the
approval of the regional transit board.
(b) Greater Minnesota Transit
Assistance
$ 8,143,000 $ 8,143,000
$4,669,000 the first year and
$4,669,000 the second year are from the
transit assistance fund.
Subd. 4. Aeronautics 10,031,000 10,181,000
This appropriation is from the state
airports fund.
(a) Airport Development and Assistance
$ 9,966,000 $ 10,116,000
$1,746,000 the first year and
$1,746,000 the second year are for
navigational aids.
$6,039,000 the first year and
$6,089,000 the second year are for
airport construction grants.
$1,773,000 the first year and
$1,773,000 the second year are for
airport maintenance grants.
If the appropriation for either year
for navigational aids, airport
construction grants, or airport
maintenance grants is insufficient, the
appropriation for the other year is
available for it. The appropriations
for construction grants and maintenance
grants must be expended only for
grant-in-aid programs for airports that
are not state owned.
These appropriations must be expended
in accordance with Minnesota Statutes,
section 360.305, subdivision 4.
The commissioner of transportation may
transfer unencumbered balances among
the appropriations for airport
development and assistance with the
approval of the governor after
consultation with the legislative
advisory commission.
$8,000 the first year and $8,000 the
second year are for maintenance of the
Pine Creek Airport.
$400,000 the first year and $500,000
the second year are for air service
grants.
(b) Civil Air Patrol
$ 65,000 $ 65,000
Subd. 5. Operations 188,268,000 188,336,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Maintenance
$128,504,000 $128,544,000
(b) Construction Support
$ 59,764,000 $ 59,792,000
Subd. 6. Technical Services 56,173,000 55,393,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Program Delivery
$ 52,411,000 $ 51,631,000
$75,000 the first year and $75,000 the
second year are for a transportation
research contingent account to finance
research projects that are reimbursable
from the federal government or from
other sources. If the appropriation
for either year is insufficient, the
appropriation for the other year is
available for it.
The department is directed to seek
federal funding for all or part of the
costs associated with construction and
operation of the cold region test
facility. The local road research
board may contribute available research
funds to the department to further the
development of this facility.
(b) State Aid Technical Assistance
$ 946,000 $ 946,000
(c) Electronic Communications
$ 2,816,000 $ 2,816,000
Subd. 7. Program Management 11,817,000 11,175,000
Summary by Fund
General $ 684,000 $ 682,000
Trunk Highway $ 7,719,000 $ 6,969,000
State Airports $ 3,414,000 $ 3,524,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Highway Program Administration
$ 1,850,000 $ 1,850,000
Summary by Fund
General $ 75,000 $ 75,000
Trunk Highway $ 1,775,000 $ 1,775,000
$243,000 the first year and $243,000
the second year are available for
grants to regional development
commissions outside the seven-county
metropolitan area for transportation
studies to identify critical concerns,
problems, and issues.
(b) Motor Carrier Administration
$ 1,212,000 $ 1,212,000
(c) Railroads and Waterways
$ 962,000 $ 961,000
Summary by Fund
General $ 237,000 $ 236,000
Trunk Highway $ 725,000 $ 725,000
(d) Transit Administration
$ 597,000 $ 596,000
Summary by Fund
General $ 372,000 $ 371,000
Trunk Highway $ 225,000 $ 225,000
(e) Aeronautics Administration
$ 3,414,000 $ 3,524,000
This appropriation is from the state
airports fund.
(f) Transportation Data Analysis
$ 3,782,000 $ 3,032,000
Subd. 8. General Support
Services 38,355,000 33,469,000
Summary by Fund
General $ 47,000 $ 47,000
Airports $ 254,000 $ 222,000
Trunk Highway $ 38,054,000 $ 33,200,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) General Administration
$ 12,483,000 $ 12,505,000
(b) General Services
$ 6,837,000 $ 5,687,000
Summary by Fund
General $ 42,000 $ 42,000
Airports $ 131,000 $ 120,000
Trunk Highway $ 6,664,000 $ 5,525,000
$1,375,000 the first year is for data
processing development. Any
unencumbered balance remaining in the
first year does not cancel but is
available for the second year of the
biennium.
(c) Equipment
$ 17,815,000 $ 14,057,000
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Summary by Fund
General $ 5,000 $ 5,000
Airports $ 69,000 $ 48,000
Trunk Highway $ 17,741,000 $ 14,004,000
(d) Legal Services
$ 1,166,000 $ 1,166,000
This appropriation is for the purchase
of legal services from or through the
attorney general.
(e) Air Transportation Services
$ 54,000 $ 54,000
This appropriation is from the state
airports fund.
Subd. 9. Transfers
The commissioner of transportation with
the approval of the commissioner of
finance may transfer unencumbered
balances among the appropriations from
the trunk highway fund and the state
airports fund made in this section. No
transfer may be made from the
appropriation for trunk highway
development. No transfer may be made
from the appropriations for debt
service to any other appropriation.
Transfers may not be made between funds.
Transfers must be reported immediately
to the committee on finance of the
senate and the committee on
appropriations of the house of
representatives.
Subd. 10. Contingent Appropriation
The commissioner of transportation,
with the approval of the governor after
consultation with the legislative
advisory commission, may transfer all
or part of the unappropriated balance
in the trunk highway fund to an
appropriation for trunk highway design,
construction, or inspection in order to
take advantage of an unanticipated
receipt of income to the trunk highway
fund, or to trunk highway maintenance
in order to meet an emergency. The
amount transferred is appropriated for
the purpose of the account to which it
is transferred.
Subd. 11. Buildings 9,395,000
Summary by Fund
Trunk Highway $ 8,995,000 $ -0-
Airports $ 400,000 $ -0
The appropriations in this subdivision
are available the day following final
enactment and until spent.
(a) St. Paul Central Office Building 150,000
This appropriation is to prepare, in
consultation with the department of
administration, alternative building,
site, and financing proposals for
consideration by the 1990 legislature.
(b) Duluth District Headquarters 3,900,000
This appropriation is to construct an
addition for office, shops, and vehicle
storage; to remodel and update the
four-story office tower; to remove
asbestos; to improve mechanical,
electrical, fire, and life safety
items; and to enlarge the parking lot
to accommodate relocated employees.
(c) Marshall Area Maintenance Building 2,200,000
This appropriation is to construct a
new building with space for shops,
storage, offices, and support
facilities.
(d) Moorhead Weigh Station 655,000
This appropriation is to construct a
scale house, electronic weigh scale
platform and pit, and a
weighing-in-motion sorter.
(e) St. Cloud Area Headquarters 90,000
This appropriation is to prepare
working drawings for remodeling and
construction of an addition to the
office areas.
(f) Maple Grove Truck Station 60,000
This appropriation is to prepare
working drawings for construction of an
addition to provide space for offices
and equipment.
(g) Detroit Lakes Headquarters 100,000
This appropriation is to prepare
working drawings for remodeling and
construction of an addition to provide
space for offices, shops, and storage.
(h) Mankato Headquarters 90,000
This appropriation is to prepare
working drawings for remodeling and
construction of an addition to provide
space for offices, shops, and storage.
(i) Spring Lake Park 55,000
This appropriation is to prepare
working drawings for a new equipment
storage building.
(j) Golden Valley Headquarters 50,000
This appropriation is to prepare
schematic plans for solving problems
related to inadequate space for
offices, shops, and storage.
(k) Arden Hills Training Center 50,000
This appropriation is to prepare
schematic plans for remodeling and
renovating the center.
(l) Thief River Falls Government
Service Center 100,000
This appropriation is to prepare
working drawings for a building to
house the resident engineer
construction office, the truck station,
the state patrol district office, and
the department of natural resources
area office.
(m) Statewide
(1) Remove asbestos from department
buildings and reinsulate pipes 250,000
(2) Replace underground storage
tanks or upgrade to EPA standards 750,000
(3) Construct or remodel chemical
storage sheds 405,000
(4) Acquire land 90,000
This appropriation is to acquire land
for truck stations.
(n) St. Paul Downtown Airport 400,000
This appropriation is from the state
airports fund to acquire an airplane
hangar.
Sec. 3. REGIONAL TRANSIT BOARD
Subdivision 1. Total
Appropriation 24,923,000 24,923,000
Summary by Fund
General $ 9,656,000 $ 9,656,000
Transit Assistance $ 15,267,000 $ 15,267,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
For the purpose of improving air
quality and promoting alternative
energy sources in the metropolitan
area, the regional transit board shall
evaluate and promote the use of
vehicles that operate on clean-burning
alternative fuels, including natural
gas, methanol, and ethanol. The board
shall: evaluate the feasibility and
effectiveness of using the fuels;
review the efforts of other public
agencies in the use of the fuels; and
examine opportunities and demonstrate,
when technically and economically
feasible, the use of the fuels in
vehicles and buses operated by the
board, the metropolitan transit
commission, and other transit operators
and in the vehicle fleets of other
metropolitan agencies. In its 1990 and
1991 reports to the legislature, the
board shall include a report on its
activities in carrying out the
provisions of this paragraph.
Subd. 2. Regular Route Service
$ 11,154,000 $ 11,154,000
Subd. 3. Metro Mobility
$ 11,500,000 $ 11,500,000
Subd. 4. Small Urban, Rural, and
Replacement Services
$ 919,000 $ 919,000
Subd. 5. Planning and Programs
$ 900,000 $ 900,000
Subd. 6. Administration
$ 450,000 $ 450,000
Sec. 4. TRANSPORTATION
REGULATION BOARD 629,000 609,000
Approved Complement - 9.5
This appropriation is from the trunk
highway fund.
Sec. 5. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 93,727,000 92,489,000
1990 1991
Approved Complement - 1,731.9 1,744.9
General - 394.2 397.2
Special Revenue - 22.5 26.5
Trunk Highway - 1,090.8 1,092.8
Highway User - 172.6 172.6
Federal - 51.8 55.8
The above approved complement includes
531 for state-funded, unclassified
patrol officers and supervisors of the
state patrol. Nothing in this
provision is intended to limit the
authority of the commissioner of public
safety to transfer personnel, with the
approval of the commissioner of
finance, among the various units and
divisions within this section, provided
that the above complement must be
reduced accordingly.
Summary by Fund
General $ 23,971,000 $ 23,752,000
Trunk Highway $ 59,944,000 $ 58,279,000
Highway User $ 10,922,000 $ 11,162,000
Special Revenue $ 1,679,000 $ 1,839,000
Transfers to Other
Direct ($ 2,789,000) ($ 2,543,000)
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Administration and Related
Services
$ 5,481,000 $ 5,066,000
Summary by Fund
General $ 53,000 $ 53,000
Trunk Highway $ 5,338,000 $ 4,923,000
Highway User $ 90,000 $ 90,000
$967,000 the first year and $549,000
the second year are for management
information systems. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year of the biennium.
Subd. 3. Emergency Management
$ 955,000 $ 955,000
$426,000 the first year and $426,000
the second year are for nuclear plant
preparedness. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year of the biennium.
Subd. 4. Criminal Apprehension
$ 13,495,000 $ 13,525,000
Summary by Fund
General $ 12,046,000 $ 12,076,000
Special Revenue $ 480,000 $ 480,000
Trunk Highway $ 969,000 $ 969,000
$223,000 the first year and $223,000
the second year are for use by the
bureau of criminal apprehension for the
purpose of investigating
cross-jurisdictional criminal
activity. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year of the biennium.
$171,000 the first year and $171,000
the second year are for grants to local
officials for the cooperative
investigation of cross-jurisdictional
criminal activity. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year of the biennium.
$384,000 the first year and $384,000
the second year from the Bureau of
Criminal Apprehension Account in the
special revenue fund are for laboratory
activities.
$96,000 the first year and $96,000 the
second year from the Bureau of Criminal
Apprehension Account in the special
revenue fund are for grants to local
officials for the cooperative
investigation of cross-jurisdictional
criminal activity. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.
$730,000 the first year and $730,000
the second year are for the purchase of
an automated fingerprint identification
system through lease-purchase. Any
unencumbered balance remaining in the
first year does not cancel but is
available for the second year.
Subd. 5. Fire Safety
$ 1,898,000 $ 1,894,000
Subd. 6. State Patrol
$ 39,050,000 $ 37,998,000
This appropriation is from the trunk
highway fund.
No more than five positions, excluding
the chief patrol officer, in the state
patrol support activity may be filled
by state troopers.
This appropriation includes $100,000 in
the first year from the trunk highway
fund to install Minnesota State
Emergency Frequency (MINSEF) Base
Stations at the following six
locations: Dresbach, Hader, Biscay,
Truman, Erhard, and Crookston.
The commissioner may purchase other
motor fuel when gasohol is not
available for the operation of state
patrol vehicles.
During the biennium ending June 30,
1991, and notwithstanding other law to
the contrary, the commissioner shall
authorize the appointing authority to
permit the donation of up to eight
hours of accumulated vacation time in
each year by each employee who is a
member of the law enforcement unit
number 1 to the employee's union
representative for the purpose of
carrying out the duties of office.
$900,000 the first year and $371,000
the second year from the trunk highway
fund are to modernize the metropolitan
area radio communications centers. Any
unencumbered balance remaining in the
first year does not cancel but is
available for the second year.
Subd. 7. Capitol Security
$ 1,540,000 $ 1,572,000
Subd. 8. Driver and Vehicle Licensing
$ 28,347,000 $ 28,358,000
Summary by Fund
General $ 4,377,000 $ 4,377,000
Trunk Highway $ 14,587,000 $ 14,389,000
Highway User $ 9,383,000 $ 9,592,000
$431,000 the first year and $431,000
the second year are for alcohol
assessment reimbursements to counties.
Subd. 9. Liquor Control
$ 738,000 $ 738,000
Subd. 10. Ancillary Services
$ 2,223,000 $ 2,383,000
Summary by Fund
General $ 1,024,000 $ 1,024,000
Special Revenue $ 1,199,000 $ 1,359,000
(a) Pipeline Safety
$ 549,000 $ 709,000
This appropriation is from the pipeline
safety account in the special revenue
fund. The pipeline safety account is a
dedicated receipt account, which means
that fee revenue generated in one year
does not cancel but is carried forward
to the following year.
(b) Crime Victims Reparations Board
$ 1,390,000 $ 1,390,000
Summary by Fund
General $ 840,000 $ 840,000
Special Revenue $ 550,000 $ 550,000
The appropriation from the special
revenue fund is from the crime victim
and witness account. Any unencumbered
balance remaining the first year does
not cancel but is available for the
second year of the biennium.
Notwithstanding any other law to the
contrary, the crime victims reparations
board shall, to the extent possible,
distribute the appropriation in equal
monthly increments. In no case shall
the total awards exceed the
appropriation made in this subdivision.
(c) Children's Trust Fund
$ 100,000 $ 100,000
This appropriation is from the
children's trust fund account in the
special revenue fund.
(d) Emergency Response Commission
$ 129,000 $ 129,000
(e) Private Detective and Protective
Agency Licensing Board
$ 55,000 $ 55,000
Subd. 11. Transfers
The commissioner of public safety with
the approval of the commissioner of
finance may transfer unencumbered
balances not specified for a particular
purpose among the programs within a
fund. Transfers must be reported
immediately to the committee on finance
of the senate and the committee on
appropriations of the house of
representatives.
Subd. 12. Reimbursements
(a) $1,340,000 for the first year and
$1,063,000 for the second year are
appropriated from the general fund for
transfer by the commissioner of finance
to the trunk highway fund on January 1,
1990, and January 1, 1991,
respectively, in order to reimburse the
trunk highway fund for expenses not
related to the fund. These represent
amounts appropriated out of the trunk
highway fund for general fund purposes
in the administration and related
services program.
(b) $455,000 for the first year and
$453,000 for the second year are
appropriated from the highway user tax
distribution fund for transfer by the
commissioner of finance to the trunk
highway fund on January 1, 1990, and
January 1, 1991, respectively, in order
to reimburse the trunk highway fund for
expenses not related to the fund.
These represent amounts appropriated
out of the trunk highway fund for
highway user fund purposes in the
administration and related services
program.
(c) $994,000 for the first year and
$1,027,000 for the second year are
appropriated from the highway user tax
distribution fund for transfer by the
commissioner of finance to the general
fund on January 1, 1990, and January 1,
1991, respectively, in order to
reimburse the general fund for expenses
not related to the fund. These
represent amounts appropriated out of
the general fund for operation of the
criminal justice data network related
to driver and motor vehicle licensing.
Sec. 6. BOARD OF PEACE OFFICER
STANDARDS AND TRAINING
General Operations and Management 3,600,000 3,600,000
Approved Complement - 11
These appropriations are from the peace
officers training account in the
special revenue fund and are available
until spent.
Notwithstanding any other law to the
contrary, if any presently duly elected
sheriff is licensed by the board on
July 1, 1989, only as a result of Laws
1987, chapter 358, section 6, the
county board of that county may, after
notice to the sheriff and a public
hearing, declare by resolution that the
office of sheriff in that county is
vacant, and may schedule a special
election to fill that office. Any
presently duly elected sheriff who is
licensed by the board on July 1, 1989,
only as a result of Laws 1987, chapter
358, section 6, may continue to serve
in that office without meeting the
licensing requirements of the board
only until a successor is duly elected
at a special election or, if no special
election is held, until the expiration
of the term for which the sheriff was
elected.
Sec. 7. AGRICULTURE
Subdivision 1. Total
Appropriation 11,269,000 11,294,000
1990 1991
Approved Complement - 474.8 475.8
General - 196.8 197.8
Special/Revolving - 259.7 259.7
Federal - 18.3 18.3
Summary by Fund
General $ 11,084,000 $ 11,109,000
Special Revenue $ 185,000 $ 185,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Protection Service
$ 4,269,000 $ 4,269,000
Subd. 3. Promotion and Marketing
$ 757,000 $ 757,000
$200,000 the first year and $200,000
the second year are for transfer to the
Minnesota grown account.
$100,000 the first year and $100,000
the second year is appropriated under
Minnesota Statutes, section 41A.09,
subdivision 1, to the commissioner of
agriculture to promote the use of
ethanol fuel. This appropriation is in
addition to the other appropriations in
section 41A.09.
Subd. 4. Family Farm Security
$ 1,559,000 $ 1,559,000
$962,000 the first year and $962,000
the second year are for family farm
security interest payment adjustments.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it. No new
loans may be approved in fiscal year
1990 or 1991.
$300,000 the first year and $300,000
the second year are for farm crisis
assistance.
Subd. 5. Administrative Support and
Grants
$ 4,684,000 $ 4,709,000
Summary by Fund
General $ 4,499,000 $ 4,524,000
Special Revenue $ 185,000 $ 185,000
$185,000 the first year and $185,000
the second year are from the
commodities research and promotion
account in the special revenue fund.
$200,000 the first year and $200,000
the second year are for grants to
farmers for demonstration projects
involving sustainable agriculture. If
a project cost is more than $25,000,
the amount above $25,000 must be
cost-shared at a state-applicant ratio
of one to one. Priorities must be
given for projects involving multiple
parties. Up to $20,000 each year may
be used for dissemination of
information about the demonstration
grant projects.
$73,000 the first year and $73,000 the
second year are for the Northern Crops
Institute. These appropriations, and
money granted to the Northern Crops
Institute for fiscal year 1989, may be
spent to purchase equipment and are
available until spent.
$31,000 the first year and $31,000 the
second year are for payment of claims
relating to livestock damaged by
endangered animal species. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$10,000 the first year and $10,000 the
second year are for payment of claims
relating to agricultural crops damaged
by elk.
$103,000 the first year and $103,000
the second year are for the seaway port
authority of Duluth.
Subd. 6. Transfers
The commissioner of agriculture with
the approval of the commissioner of
finance may transfer unencumbered
balances not specified for a particular
purpose among the above programs.
Transfers must be reported immediately
to the committee on finance of the
senate and the committee on
appropriations of the house of
representatives.
Sec. 8. WORLD TRADE CENTER
CORPORATION 1,350,000 800,000
This appropriation includes $450,000 in
the first year to cover part of the
cost of conducting the World Assembly
in Minnesota in 1990. It is the intent
of the legislature that the World Trade
Center Corporation secure an additional
$300,000 from sources other than state
funds to cover the cost of conducting
this event. The corporation shall
report the results of its efforts to
the legislature by January 15, 1991.
Any unencumbered balance remaining in
fiscal year 1989 does not cancel but is
available for fiscal year 1990 and any
unencumbered balance remaining in
fiscal year 1990 does not cancel but is
available for fiscal year 1991.
Sec. 9. BOARD OF WATER AND SOIL
RESOURCES 4,948,000 4,948,000
Approved Complement - 25
$10,000 the first year and $10,000 the
second year are for the International
Water Coalition.
$978,000 the first year and $978,000
the second year are for general purpose
grants to soil and water conservation
districts, including conservation
tillage and review and comment on water
permits. Upon approval of the board,
expenditures may be made from these
appropriations for supplies and
services benefiting soil and water
conservation districts.
$199,000 the first year and $199,000
the second year are for grants to
watershed districts and other local
units of government in the southern
Minnesota river basin study area 2 for
flood plain management.
$1,501,000 the first year and
$1,501,000 the second year are for
grants to soil and water conservation
districts for cost-sharing contracts
for erosion control and water quality
management.
The appropriations in this section for
the southern Minnesota river basin
study area 2 and for grants to soil and
water districts for cost-sharing
contracts for erosion control and water
quality management are available until
expended.
$159,000 the first year and $159,000
the second year are for grants-in-aid
to soil and water conservation
districts and local units of government
to assist them in solving sediment and
erosion control problems. Grants must
not exceed 50 percent of total project
costs or 50 percent of the local share
if federal money is used. Priority
must be given to projects designed to
solve lakeshore, stream bank, and
roadside erosion and to projects
eligible for federal matching money.
$175,000 the first year and $175,000
the second year are for comprehensive
local water planning.
$902,000 the first year and $902,000
the second year are for technical
services and implementation of the
conservation reserve program. Of this
appropriation, $750,000 the first year
and $750,000 the second year must be
distributed to soil and water
conservation districts.
Sec. 10. BOARD OF ANIMAL HEALTH 2,165,000 1,995,000
Approved Complement - 37
This appropriation includes $25,000 the
first year and $25,000 the second year
for payment of indemnities. If the
appropriation for indemnities for
either year is insufficient, the
appropriation for the other year is
available for it. Indemnities of less
than $1 must not be paid.
$300,000 the first year and $150,000
the second year are for an integrated
pseudorabies control and research
program. The board of animal health
must consult with the pseudorabies
advisory council about how this money
should be spent. The appropriation for
the second year is available only as
matched, dollar for dollar, by money
from nonstate sources.
Sec. 11. COMMERCE
Subdivision 1. Total
Appropriation 10,319,000 10,355,000
Approved Complement - 230
General - 225
Petroleum Cleanup - 2
Special Revenue - 3
Summary by Fund
General $ 9,965,000 $ 10,000,000
Petroleum Cleanup $ 56,000 $ 56,000
Special Revenue $ 298,000 $ 299,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
The department must comply with
Minnesota Statutes, section 8.15 only
to the extent of funds appropriated for
that purpose.
Subd. 2. Financial Examinations
$ 4,166,000 $ 4,166,000
Subd. 3. Registration and Analysis
$ 1,863,000 $ 1,863,000
Subd. 4. Petroleum Tank Release
Cleanup Board
$ 56,000 $ 56,000
This appropriation is from the
Petroleum Tank Release Cleanup Fund for
administration.
Subd. 5. Administrative Services
$ 1,602,000 $ 1,637,000
Subd. 6. Enforcement and Licensing
$ 2,632,000 $ 2,633,000
Summary by Fund
General $ 2,334,000 $ 2,334,000
Special Revenue $ 298,000 $ 299,000
$298,000 the first year and $299,000
the second year are from the real
estate education, research, and
recovery account in the special revenue
fund for the purpose of Minnesota
Statutes, section 82.34, subdivision
6. If the appropriation from the
special revenue fund for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 7. Transfers
The commissioner with the approval of
the commissioner of finance may
transfer unencumbered balances not
specified for a particular purpose
among the above programs. Transfers
must be reported immediately to the
committee on finance of the senate and
the committee on appropriations of the
house of representatives.
Up to $50,000 may be used to study the
cost effectiveness of care provided by
members of the healing arts, as defined
in Minnesota Statutes, chapter 146.
The commissioner shall report the
findings to the legislature by January
1, 1990.
Sec. 12. NON-HEALTH-RELATED BOARDS
Subdivision 1. Total for this
section 964,000 955,000
Subd. 2. Board of Abstractors 9,000 8,000
Subd. 3. Board of Accountancy 358,000 358,000
Approved Complement - 5
Subd. 4. Board of Architecture,
Engineering, Land Surveying, and
Landscape Architecture 411,000 403,000
Approved Complement - 6.5
Subd. 5. Board of Barber
Examiners 127,000 127,000
Approved Complement - 2.5
Subd. 6. Board of Boxing 59,000 59,000
Approved Complement - 1.5
Sec. 13. PUBLIC UTILITIES
COMMISSION 2,060,000 2,050,000
Approved Complement - 39
Notwithstanding Minnesota Statutes,
section 216B.243, subdivision 6, for
any certificate of need application for
expansion of the storage capacity for
spent nuclear fuel rods, the commission
and department shall assess actual
amounts billed by the office of
administrative hearings and up to
$300,000 of reasonable costs of the
commission and department pursuant to
Minnesota Statutes, section 216B.62,
subdivision 6, during the biennium,
subject to the limitations of Minnesota
Statutes, section 216B.62, subdivision
2.
Sec. 14. PUBLIC SERVICE
Subdivision 1. Total
Appropriation 6,577,000 6,581,000
Approved Complement - 141.8
General - 124.3
Special Revenue - 7.5
Federal - 10.0
Summary by Fund
General $ 6,512,000 $ 6,516,000
Special Revenue $ 65,000 $ 65,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Utility Regulation
$ 1,974,000 $ 1,974,000
Subd. 3. Weights and Measures
$ 1,973,000 $ 1,977,000
Subd. 4. Administrative Services
$ 665,000 $ 665,000
Subd. 5. Energy
$ 1,965,000 $ 1,965,000
Summary by Fund
General $ 1,900,000 $ 1,900,000
Special Revenue $ 65,000 $ 65,000
Subd. 6. Transfers
The department of public service, with
the approval of the commissioner of
finance, may transfer unencumbered
balances not specified for a particular
purpose among the above programs.
Transfers must be reported immediately
to the committee on finance of the
senate and the committee on
appropriations in the house of
representatives.
Sec. 15. RACING COMMISSION 930,000 935,000
Approved Complement - 9.5
General - 8
Special Revenue - 1.5
Sec. 16. ETHICAL PRACTICES BOARD 277,000 276,000
Approved Complement - 6
Sec. 17. MINNESOTA MUNICIPAL
BOARD 252,000 253,000
Approved Complement - 4
Sec. 18. MINNESOTA-WISCONSIN
BOUNDARY AREA COMMISSION 111,000 115,000
Sec. 19. UNIFORM LAWS COMMISSION 17,000 17,000
Sec. 20. VOYAGEUR'S NATIONAL PARK
CITIZENS COMMITTEE 71,000 71,000
Notwithstanding other law to the
contrary, the citizen's council on
Voyageurs National Park is extended
until June 30, 1991.
Sec. 21. MINNESOTA HISTORICAL
SOCIETY
Subdivision 1. Total
Appropriation 11,521,000 11,943,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
This appropriation includes funds to
continue the copying and cataloguing of
Hubert H. Humphrey Film Archives
material as determined by the society.
The society may cooperate with the
supreme court to ensure that the marble
fountain which occupied space in the
former mechanic arts high school
building is installed in the judicial
building, using funds included in the
supreme court appropriation for this
purpose.
The appropriation in this section
includes no money for compensation
increases. The Minnesota historical
society is eligible for a salary
supplement in the same manner as state
agencies. The commissioner of finance
will determine the amount of the salary
supplement based on available
appropriations. Employees of the
Minnesota historical society will be
paid in accordance with the appropriate
pay plan.
Subd. 2. Minnesota Historical
Society Operations 6,706,000 6,711,000
Any unencumbered balance remaining at
the end of the first year must be
returned to the state treasury and
credited to the general fund.
Subd. 3. Historic Site Operations 3,178,000 3,198,000
$20,000 the first year and $40,000 the
second year are to restore and operate
the Meighen store in Forestville state
park.
Subd. 4. State History Center 379,000 941,000
Notwithstanding any other law to the
contrary, unencumbered balances from
appropriations in Minnesota Session
Laws 1983, chapter 344, section 13, are
reappropriated to the Minnesota
historical society for the state
history center building and exhibit
construction purposes. The Minnesota
historical society shall report to the
chair of the senate committee on
finance and the chair of the house of
representatives committee on
appropriations on expenditures made
under this subdivision. The purpose of
the reappropriation is to cover
existing projects and not to cover
expansion of projects.
Subd. 5. Repair and Replacement 454,000 454,000
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 6. Historic Grant-In-Aid 367,000 292,000
(a) Historic Preservation
$ 295,000 $ 265,000
For historic site grants to encourage
local historic preservation projects.
To be eligible for a grant, a county or
local project group must provide a 50
percent match, in accordance with the
historical society's guidelines.
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year.
$30,000 the first year is for a grant
to the city of Little Falls to preserve
a railroad depot designed by Cass
Gilbert.
(b) Archaeology
$ 27,000 $ 27,000
(c) Special Projects
$ 45,000
This appropriation is available until
expended for the following purposes:
$15,000 to the Southwest Regional
Development Commission for the
Prairieland Expo Center for project
assistance; $25,000 to the Leech Lake
Band of Chippewa Indians for project
planning assistance relating to Battle
Point; and $5,000 to Houston county to
relocate the Mayville town hall.
Subd. 7. Fiscal Agent 437,000 347,000
(a) Sibley House Association
$ 93,000 $ 93,000
This appropriation is available for
operation and maintenance of the Sibley
House and related buildings on the Old
Mendota state historic site owned by
the Sibley House association.
The historical society should seek an
agreement with the Sibley House
association whereby the historical
society will make payments to the
association for this purpose and will
provide the association with technical
assistance in applying for federal
grants.
Notwithstanding any other law, the
Sibley House association may purchase
fire, wind, hail, and vandalism
insurance, and insurance coverage for
fine art objects from this
appropriation.
$20,000 the first year and $20,000 the
second year are for repairs and are
available as approved by the Minnesota
historical society working in
cooperation with the Sibley House
Association.
The Minnesota historical society shall
study and report to the governor and
the legislature by July 1, 1990, on the
ownership and management of the Sibley
house historic site, which includes the
Sibley, Faribault, and Du Puis houses.
The purpose of the study is to prepare
for transferring these properties to
the state for inclusion in the state's
historic site network. The study must
include the governance of the site,
funding needed to repair and restore
the site, restoration priorities,
funding needed to operate the site, and
ownership of the collections. The
study must contain joint
recommendations of the society and the
association regarding these issues as
well as a recommendation on when the
site should be turned over to the
state. Recommendations for funding
must be included in the 1992-1993
biennial budget request.
(b) Minnesota Humanities Commission
$ 147,000 $ 147,000
(c) Minnesota International Center
$ 78,000 $ 38,000
$40,000 the first year is to be divided
equally by the Minnesota International
Center among school districts
participating in the U.S.- U.S.S.R.
high school academic program and must
be used to help pay the cost of sending
Minnesota students to study in the
Soviet Union.
(d) Minnesota Military Museum
$ 30,000
(e) Minnesota Air National Guard Museum
$ 20,000
(f) Government Learning Center
$ 69,000 $ 69,000
This appropriation is for Project 120.
(g) Balances Forward
Any unencumbered balance remaining in
this subdivision the first year does
not cancel but is available for the
second year of the biennium.
Sec. 22. BOARD OF THE ARTS 4,164,000 4,164,000
1990
Approved Complement - 16
General - 13
Federal - 3
$1,382,000 the first year and
$1,382,000 the second year are for the
support of regional arts councils
throughout the state.
Any unencumbered balance remaining in
this section the first year does not
cancel but is available for the second
year of the biennium.
Sec. 23. MINNESOTA HORTICULTURAL
SOCIETY 68,000 68,000
The appropriation in Laws 1978, chapter
793, section 24, for the garden state
project may also be spent for the
Minnesota Green project.
Sec. 24. MINNESOTA ACADEMY OF
SCIENCE 28,000 28,000
Sec. 25. SCIENCE MUSEUM OF
MINNESOTA 638,000 638,000
Sec. 26. MINNESOTA SAFETY
COUNCIL 71,000 71,000
This appropriation is from the trunk
highway fund and includes $20,000 each
year for state involvement in the
National Safety Kids campaign, to
reduce childhood accidental injury and
death resulting from vehicle traffic or
related causes.
Sec. 27. VETERANS OF FOREIGN
WARS 31,000 31,000
For carrying out the provisions of Laws
1945, chapter 455.
Sec. 28. MILITARY ORDER OF THE
PURPLE HEART 10,000 10,000
Sec. 29. GENERAL CONTINGENT
ACCOUNTS 325,000 325,000
The appropriations in this section may
only be spent with the approval of the
governor after consultation with the
legislative advisory commission
pursuant to Minnesota Statutes, section
3.30.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Summary by Fund
Trunk Highway Fund
$ 200,000 $ 200,000
Highway User Tax Distribution Fund
$ 125,000 $ 125,000
Sec. 30. TORT CLAIMS 600,000 600,000
To be spent by the commissioner of
finance.
This appropriation is from the trunk
highway fund.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 31. [SPECIAL GREAT RIVER ROAD ACCOUNT.]
Subdivision 1. [ACCOUNT CREATED.] There is created in the
state treasury a special Great River 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, 1990, the first $750,000 that 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 Great River Road account created in
subdivision 1.
Subd. 3. [DISTRIBUTION OF ACCOUNT.] The commissioner shall
distribute money in the special Great River Road account and
provide for distribution of money in the fund for the
development of the Great River Road established under Minnesota
Statutes, section 161.142. In providing assistance to any
political subdivision, the commissioner shall follow the general
policy of the Mississippi River parkway commission and shall
give principal consideration on how the project would promote
public safety, recreation, travel, trade, and the general
welfare of the state. Priority should be given to new
construction of the Great River Road system, to projects that
provide local or federal matching assistance, and to projects
for which highway user tax distribution funds are not available.
Subd. 4. [TERMINATION OF ACCOUNT.] The account created in
subdivision 1, expires June 30, 1991. 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, 1991.
Sec. 32. [CONSTRUCTION OF EXIT ON T.H. 65.]
The commissioner of transportation shall construct by
January 1, 1990, an exit from marked trunk highway No. 65 in
Anoka county, within one-fourth mile of the intersection of the
highway with marked trunk highway No. 242 and Anoka county
highway No. 14, under the following conditions:
(1) the exit has been studied and approved for safety
purposes by a qualified consultant;
(2) the exit must be constructed to state standards;
(3) the cost of the project must be paid by Anoka county;
and
(4) the exit will be removed at no cost to the state if
necessitated by a reconstruction of the intersection of marked
trunk highway No. 65 with marked trunk highway No. 242 and Anoka
county highway No. 14.
Sec. 33. [EXCHANGE OF INTERESTS IN LANDS.]
(a) The commissioner of transportation shall convey to the
regional railroad authority of St. Louis and Lake counties a
25-foot wide easement for railroad purposes lying generally
southerly and southeasterly of the northbound lane of marked
interstate highway 35 between 10th Avenue West and 5th Avenue
East in Duluth. The easement must include two spur lines in the
vicinity of the Duluth steam plant and a crossover connection,
approximately 1,000 feet in length, in the vicinity of 9th
Avenue West. This crossover connection is intended to allow a
reconnection of railroad track with the Lake Superior Museum of
Transportation. The commissioner shall also convey easements
necessary to provide a continuous 25-foot wide easement for
railroad purposes lying generally southeasterly and easterly of
the northbound lane of marked interstate highway 35 between 14th
Avenue East and 26th Avenue East in Duluth. The commissioner of
transportation shall maintain a temporary construction easement
as required to complete the marked interstate highway 35
extension, provided the easement does not interfere with
operation of the railroad after June 1, 1990.
As consideration, the St. Louis and Lake counties regional
railroad authority shall grant to either the department of
transportation or the department of natural resources an option
to establish an easement for a multiuse recreation trail along
the regional rail authority-owned railway right-of-way between
the municipalities of Duluth and Two Harbors. This easement
must begin at a point east of the Lester River (Milepost 8) and
shall continue to the Two Harbors Depot (Milepost 26.5).
The conveyances of the exchanged properties must be in a
form approved by the attorney general. The regional rail
authority and commissioner of transportation shall provide
complete and accurate property descriptions of the lands to be
exchanged.
The rail authority retains the right to determine where on
their right-of-way this easement may be granted and may impose
restrictions or alterations if it determines that the
recreational trail interferes with the operation of the railroad
right-of-way or any of its revenue-related uses.
This easement is conveyed exclusively to the regional
railroad authority and is terminated if the line is abandoned.
(b) This section is effective the day following final
enactment.
Sec. 34. [COMMISSIONER TO ACT AS AGENT.]
The commissioner of transportation shall act as agent for
the Bois Fort Indian Reservation in the use of federal
demonstration funds and state matching funds for the design and
construction of a proposed highway project in the Lake
Vermillion Indian Reservation Recreational Complex as authorized
in the Surface Transportation and Uniform Relocation Assistance
Act of 1987, Public Law Number 100-17.
Sec. 35. [REPORT ON CERTAIN SPECIAL TRANSPORTATION
SERVICES.]
Subdivision 1. [SUBJECT.] The commissioner of the state
planning agency shall report to the legislature, by January 1,
1990, on: (1) providing special transportation services in the
metropolitan area for persons traveling on a regular basis,
using standing orders or guaranteed trip requests, to or from
public or private human services agencies or jobs and training
agencies that generate a large number of such trip requests; and
(2) related issues as the commissioner deems appropriate.
Subd. 2. [RECOMMENDATIONS.] The report shall include
recommendations on:
(1) a service plan that describes a method or methods of
providing the services and an estimate of costs for the
services;
(2) the appropriate responsibility of governmental and
other agencies and programs for planning, arranging, providing,
and financing the services;
(3) the sources and amounts of public or other funding
available for the services, apart from the funds available to
the regional transit board, and a method or methods of providing
the public or other funding required to subsidize the services;
and
(4) an adequate and coordinated program to train persons to
use regular route transit.
Subd. 3. [COMMUNITY INVOLVEMENT.] The commissioner shall
actively involve interested parties in this process, including
but not limited to:
(1) members of the transportation handicapped advisory
committee;
(2) representatives of the department of human services;
(3) members of the transit providers advisory committee;
(4) representatives of nonprofit transit and social service
providers;
(5) organizations representing the elderly, handicapped,
and disabled communities; and
(6) interested members of the general public.
Sec. 36. Minnesota Statutes 1988, section 12.14, is amended
to read:
12.14 [ASSESSMENT FOR NUCLEAR SAFETY PREPAREDNESS ACT.]
Any person, firm, corporation, or association in the
business of owning or operating a nuclear fission electrical
generating plant located in Minnesota, shall pay an assessment
to cover the cost of nuclear power plant emergency response
plans and other programs necessary to deal with incidents
resulting from the operation of nuclear fission electrical
generating plants. An assessment of $137,500 $177,500 per plant
shall be paid to the commissioner of public safety on July 1 of
each year.
Sec. 37. Minnesota Statutes 1988, section 41A.09, is
amended to read:
41A.09 [ETHANOL DEVELOPMENT FUND.]
Subdivision 1. [FUND CREATED APPROPRIATION.] An ethanol
development fund is created as a separate fund in the state
treasury. The department of revenue shall administer the fund.
The fund A sum sufficient to make the payments required by this
section is annually appropriated from the general fund to the
commissioner of revenue for the purposes of this section and all
money so appropriated is available until expended.
Subd. 2. [DEFINITION.] For purposes of this section
"ethanol" means agriculturally derived fermentation ethyl
alcohol of a purity of at least 99 percent, determined without
regard to any added denaturants, denatured in conformity with
one of the approved methods set forth by the United States
Department of Treasury, Bureau of Alcohol, Tobacco and Firearms,
and derived from the following agricultural products: potatoes,
cereal, grains, cheese whey, or sugar beets.
Subd. 3. [PAYMENTS FROM FUND.] The commissioner of revenue
shall make cash payments from the development fund to producers
of ethanol or agricultural grade alcohol, for use as a motor
fuel, located in the state. The amount of the payment for each
producer's annual production shall be as follows:
(a) For each gallon of ethanol produced:
(1) For the period beginning July 1, 1986, and ending June
30, 1987, 15 cents per gallon;
(2) For the period beginning July 1, 1987, and ending June
30, 2000, 20 cents per gallon.
(b) For each gallon produced of agricultural grade alcohol
of a purity of at least 50 percent but not more than 90 percent
and designed to be used in conjunction with diesel fuel in an
engine's internal combustion process, for the period beginning
July 1, 1987, and ending June 30, 2000, 11 cents per gallon.
The total payments from the fund to all producers may not
exceed $200,000 during the period beginning July 1, 1986, and
ending June 30, 1987, and may not exceed $10,000,000 in any
fiscal year during the period beginning July 1, 1987, and ending
June 30, 2000. Total payments to any producer from the fund in
any fiscal year may not exceed $3,000,000.
By the last day of October, January, April, and July, each
producer shall file a claim for payment for production during
the preceding three calendar months. The volume of production
must be verified by a certified financial audit performed by an
independent certified public accountant using generally accepted
accounting procedures.
Payments shall be made November 15, February 15, May 15,
and August 15.
Subd. 4. [RULEMAKING AUTHORITY.] The commissioner shall
adopt emergency and permanent rules to implement this section.
Subd. 5. [EXPIRATION.] This section expires July 1, 2000,
and all money in the fund the unobligated balance of each
appropriation under this section on that date reverts to the
general fund.
Subd. 6. [CONTINUED PAYMENTS.] A plant in production or
under construction by January 1, 1990, shall continue to receive
uninterrupted payments under subdivision 3 of at least 20 cents
per gallon of ethanol produced until July 1, 2000.
Sec. 38. Minnesota Statutes 1988, 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 Washington, D.C., office of the state
of Minnesota;
(h) 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;
(i) 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
school and resource center for the arts, state universities and
community colleges, but not the custodial, clerical, or
maintenance employees, or any professional or managerial
employee performing duties in connection with the business
administration of these institutions;
(j) officers and enlisted persons in the national guard;
(k) attorneys, legal assistants, examiners, and three
confidential employees appointed by the attorney general or
employed with the attorney general's authorization;
(l) 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;
(m) 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;
(n) chaplains employed by the state;
(o) examination monitors and intermittent training
instructors employed by the departments of employee relations
and commerce and by professional examining boards;
(p) student workers; and
(q) one position in the hazardous substance notification
and response activity in the department of public safety; and
(r) employees unclassified pursuant to other statutory
authority.
Sec. 39. Minnesota Statutes 1988, section 168.123,
subdivision 2, is amended to read:
Subd. 2. [DESIGN.] The commissioner of veterans affairs
shall design the special plates, subject to the approval of the
registrar, that satisfy the following requirements:
(a) For a Vietnam veteran who served after July 1, 1961,
and before July 1, 1978, the special plates must bear the
inscription "VIETNAM VET" and the letters "V" and "V" with the
first letter directly above the second letter and both letters
just preceding the first numeral of the special license plate
number.
(b) For a veteran stationed on the island of Oahu, Hawaii,
or offshore, during the attack on Pearl Harbor on December 7,
1941, the special plates must bear the inscription "PEARL HARBOR
SURVIVOR" and the letters "P" and "H" with the first letter
directly above the second letter and both letters just preceding
the first numeral of the special license plate number.
(c) For a veteran who served during World War I or World
War II, the special plates must bear the inscription "WORLD WAR
VET" and:
(1) for a World War I veteran, the characters "W" and "I"
with the first character directly above the second character and
both characters just preceding the first numeral of the special
license plate number; or
(2) for a World War II veteran, the characters "W" and "II"
with the first character directly above the second character and
both characters just preceding the first numeral of the special
license plate number.
(d) For a veteran who served during the Korean Conflict,
the special plates must bear the inscription "KOREAN VET" and
the letters "K" and "V" with the first letter directly above the
second letter and both letters just preceding the first numeral
of the special license plate number.
(e) For a combat wounded veteran who is a recipient of the
purple heart medal, the special plates must bear the inscription
"COMBAT WOUNDED VET" and inscribed with a facsimile of the
official purple heart medal and the letters "c" over "w" with
the first letter directly over the second letter just preceding
the first numeral of the special license plate number.
Sec. 40. Minnesota Statutes 1988, section 168.33,
subdivision 2, is amended to read:
Subd. 2. [POWERS.] The registrar shall have the power to
appoint, hire and discharge and fix the compensation of the
necessary employees, in the manner provided by law, as may be
required to enable the registrar to properly carry out the
duties imposed by the provisions of this chapter. As of April
14, 1976, the registrar may appoint, and for cause discontinue,
a deputy registrar for any city as the public interest and
convenience may require, without regard to whether the county
auditor of the county in which the city is situated has been
appointed as the deputy registrar for the county or has been
discontinued as the deputy registrar for the county, and without
regard to whether the county in which the city is situated has
established a county license bureau which issues motor vehicle
licenses as provided in section 373.32.
Effective August 1, 1976, the registrar may appoint, and
for cause discontinue, a deputy registrar for any city as the
public interest and convenience may require, if the auditor for
the county in which the city is situated chooses not to accept
appointment as the deputy registrar for the county or is
discontinued as a deputy registrar, or if the county in which
the city is situated has not established a county license bureau
which issues motor vehicle license as provided in section
373.32. Any person appointed by the registrar as a deputy
registrar for any city shall be a resident of the county in
which the city is situated.
The registrar may appoint, and for cause discontinue, the
county auditor of each county as a deputy registrar. Upon
approval of the county board, the auditor, with the approval of
the director of motor vehicles, may appoint, and for cause
discontinue, the clerk or equivalent officer of each city or any
other person as a deputy registrar as public interest and
convenience may require, regardless of the appointee's county of
residence. Notwithstanding any other provision, a person other
than a county auditor or a director of a county license bureau,
who was appointed by the registrar before August 1, 1976, as a
deputy registrar for any city, may continue to serve as deputy
registrar and may be discontinued for cause only by the
registrar. The county auditor who appointed the deputy
registrars shall be responsible for the acts of deputy
registrars appointed by the auditor. Each such deputy, before
entering upon the discharge of duties, shall take and subscribe
an oath to faithfully discharge the duties and to uphold the
laws of the state. If a deputy registrar appointed hereunder is
not an officer or employee of a county or city, such deputy
shall in addition give bond to the state in the sum of $10,000,
or such larger sum as may be required by the registrar,
conditioned upon the faithful discharge of duties as deputy
registrar. A corporation governed by chapter 302A may be
appointed a deputy registrar. Upon application by an individual
serving as a deputy registrar and the giving of the requisite
bond as provided in subdivision 2, personally assured by the
individual or another individual approved by the commissioner of
public safety, a corporation named in an application shall
become the duly appointed and qualified successor to the deputy
registrar. Each deputy registrar appointed hereunder shall keep
and maintain, in a convenient public place within or in close
proximity to the place for which appointed, a registration and
motor vehicle tax collection bureau, to be approved by the
registrar, for the registration of motor vehicles and the
collection of motor vehicle taxes thereon. The deputy registrar
shall keep such records and make such reports to the registrar
as that officer, from time to time, may require. Such records
shall be maintained at the facility of the deputy registrar.
The records and facilities of the deputy registrar shall at all
times be open to the inspection of the registrar or the
registrar's agents. The deputy registrar shall report to the
registrar by the next working day following receipt all
registrations made and taxes and fees collected by the deputy
registrar. The filing fee imposed pursuant to subdivision 7
shall be deposited in the treasury of the place for which
appointed, or if not a public official, such deputy shall retain
the filing fee, but the registration tax and any additional fees
for delayed registration the deputy registrar has collected the
deputy registrar shall deposit by the next working day following
receipt in an approved state depository to the credit of the
state through the state treasurer. The place for which the
deputy registrar is appointed through its governing body shall
provide the deputy registrar with facilities and personnel to
carry out the duties imposed by this subdivision if such deputy
is a public official. In all other cases, the deputy shall
maintain a suitable facility for serving the public.
Sec. 41. Minnesota Statutes 1988, section 168.33,
subdivision 7, is amended to read:
Subd. 7. [FEES.] In addition to all other statutory fees
and taxes, a filing fee of $3.25 $3.50 is imposed on every
application; except that a filing fee may not be charged for a
document returned for a refund or for a correction of an error
made by the department or a deputy registrar. The filing fee
shall be shown as a separate item on all registration renewal
notices sent out by the department of public safety. No filing
fee or other fee may be charged for the permanent surrender of a
certificate of title and license plates for a motor vehicle.
Sec. 42. Minnesota Statutes 1988, section 173.25, is
amended to read:
173.25 [AVAILABILITY OF FEDERAL AID.]
The commissioner of transportation shall not expend money
for the acquisition of advertising devices controlled under this
chapter, except those for which acquisition proceedings were
begun before June 8, 1979 or for which federal money has been
appropriated by Congress and the federal share has been made
available to the commissioner. No advertising device legal
under Laws 1971, chapter 883, shall be required to be removed or
relocated until payment as provided in Laws 1971, chapter 883,
is tendered by the commissioner of transportation. No further
state funds shall be used for any existing or proposed
acquisitions other than those funds necessary to obtain full
federal participation in the acquisition proceeding pursuant to
United States Code, title 23, "Highways."
Sec. 43. Minnesota Statutes 1988, section 237.30, is
amended to read:
237.30 [TELEPHONE INVESTIGATION REVOLVING FUND.]
The sum of $25,000 is hereby appropriated out of any moneys
in the state treasury not otherwise appropriated, to establish
and provide a revolving fund to be known as the Minnesota
Telephone Investigation Fund for the use of the department of
public service and of the attorney general in investigations,
valuations, and revaluations under section 237.295. All sums
paid by the telephone companies to reimburse the department of
public service for its expenses pursuant to section 237.295
shall be credited to the revolving fund and shall be deposited
in a separate bank account and not commingled with any other
state funds or moneys, but any balance in excess of $25,000 in
the revolving fund at the end of each fiscal year shall be paid
into the state treasury and credited to the general fund. The
sum of $25,000 herein appropriated and all subsequent credits to
said revolving fund shall be paid upon the warrant of the
commissioner of finance upon application of the department or of
the attorney general to an aggregate amount of not more than
one-half of such sums to each of them, which proportion shall be
constantly maintained in all credits and withdrawals from the
revolving fund.
Sec. 44. [299C.23] [CONTINUING EDUCATION FEES.]
The commissioner of public safety may charge tuition to
cover the cost of continuing education courses provided by the
bureau of criminal apprehension when money available to the
commissioner for this purpose is not adequate to pay these
costs. The tuition fees collected are appropriated to the
commissioner.
Sec. 45. Minnesota Statutes 1988, section 341.10, is
amended to read:
341.10 [LICENSE FEES.]
The board shall have authority to collect and require the
payment of a license fee in an amount set by the board from the
owners of franchises or licenses. Notwithstanding section
16A.128, subdivision 1a, the fee is not subject to approval by
the commissioner of finance and need not recover all costs. The
board shall require the payment of the fee at the time of the
issuance of the license or franchise to the owner. The moneys
so derived shall be collected by the board and paid to the state
treasurer. The board shall have authority to license all
boxers, managers, seconds, referees and judges and may require
them to pay a license fee. All moneys collected by the board
from such licenses shall be paid to the state treasurer.
Sec. 46. Minnesota Statutes 1988, section 373.35,
subdivision 1, is amended to read:
Subdivision 1. The county auditor shall serve as the
director of the county license bureau or, if the auditor chooses
not to serve, the county board shall appoint any other county
officer or employee, or any other person, to serve as the
director upon the terms and conditions the county board deems
advisable. The county board shall set the compensation of the
director and may provide for the expenses of the office
including the premium of any bond required to be furnished by
the director. The director shall have the powers and duties
imposed on the county officer who previously had the authority
to issue or process the application for any license referred to
in section 373.32.
Notwithstanding section 168.33, subdivision 2, the
commissioner of public safety may appoint, and for cause
discontinue, the director as the deputy registrar of motor
vehicles in the county. If appointed a deputy registrar the
director shall have the same authority as a county auditor to
appoint one or more deputy registrars as provided in section
168.33, subdivision 2. If the director is a deputy registrar,
all provisions of section 168.33 and Minnesota Rules, chapter
7406, apply to a county license bureau.
Sec. 47. Minnesota Statutes 1988, section 473.384,
subdivision 7, is amended to read:
Subd. 7. [MTC IMPACT ASSESSMENT.] Prior to entering into a
contract for operating assistance with a recipient other than
the transit commission the board shall evaluate the effect, if
any, of the contract on the ridership, routes, schedules, fares,
and staffing levels of the existing and proposed service
provided by the commission. A copy of the assessment must be
provided to the commission. The board may enter into the
contract only if it determines that the service to be assisted
under the contract will not impose an undue hardship on the
ridership or financial condition of the commission, or cause the
dismissal of persons that are employed by the commission. The
requirements of this subdivision do not apply to contracts for
assistance to recipients who, as part of a negotiated
cost-sharing arrangement with the board, pay a substantial part
of the cost of services that directly benefit the recipient as
an institution or organization.
Sec. 48. Minnesota Statutes 1988, section 473.386,
subdivision 4, is amended to read:
Subd. 4. [COORDINATION REQUIRED.] The board may not grant
any financial assistance to any recipient that proposes to use
any part of the grant to provide special transportation service
in the metropolitan area unless the program is coordinated with
the board's special transportation service in the manner
determined by the board. The board is not required to provide
funding for transportation services from a residence to a
service site and home again when the services are used by
individuals in conjunction with their participation in human
service developmental achievement center programs in which
transportation to and from the program is a required and funded
component of those programs.
Sec. 49. Minnesota Statutes 1988, section 505.1792,
subdivision 1, is amended to read:
Subdivision 1. In order to give supplemental information
to the public as to the location of streets, county roads,
county state-aid highways, and town roads, and other
transportation corridors, and the right of way thereof, the
governing body of any city, town, or county may file for record
in the office of the county recorder and the registrar of titles
of said county such maps or plats showing such information as
the governing body shall determine necessary. The map or plat
shall be subscribed by the mayor or chair of the governing body
and the county surveyor, together with a certified copy of the
resolution of the governing body setting forth the necessity for
said plat, and shall be entitled to record without compliance
with the provisions of this chapter. Any amendments,
alterations, or vacations of such maps or plats so filed may be
entitled to record in like manner.
Sec. 50. [APPLICABILITY.]
Section 48 is effective January 1, 1990, in the counties of
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Presented to the governor May 23, 1989
Signed by the governor May 26, 1989, 5:25 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes