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 335-H.F.No. 372
An act relating to the organization and operation of
state government; appropriating money for the general
legislative, judicial, and administrative expenses of
state government; providing for the transfer of
certain money in the state treasury; fixing and
limiting the amount of fees, penalties, and other
costs to be collected in certain cases; creating,
abolishing, modifying, and transferring agencies and
functions; defining and amending terms; providing for
settlement of claims; imposing certain duties,
responsibilities, authority, and limitations on
agencies and political subdivisions; consolidating
certain funds and accounts and making conforming
changes; changing the organization, operation,
financing, and management of certain courts and
related offices; amending Minnesota Statutes 1988,
sections 3.732, subdivision 1; 3C.035, subdivision 2;
6.48; 6.56; 6.58; 8.15; 8.31, subdivisions 2c and 3;
15.50, subdivision 2; 15A.081, subdivision 1; 16A.10,
subdivision 1; 16A.123, by adding a subdivision;
16A.125, subdivision 5; 16A.133, subdivision 1;
16B.24, subdivision 6; 16B.41, subdivision 2; 16B.42,
subdivision 4; 16B.48, subdivision 2; 16B.61,
subdivision 5; 16B.70; 41A.02, subdivision 4; 41A.05,
subdivision 1; 43A.02, subdivision 25; 43A.24,
subdivision 2; 44A.0311; 84.025, by adding a
subdivision; 84.0272; 84.0274, by adding a
subdivision; 84.83, subdivision 1; 84.922, subdivision
3; 84.927, subdivision 1; 84A.51, subdivision 2;
84A.55, sub division 14; 85.055, subdivision 2; 85.22,
subdivisions 1 and 2a; 85A.01, subdivision 1; 85A.02,
subdivisions 5, 5a, 5b, 16, 17, and 18; 85A.04,
subdivisions 1 and 4; 89.035; 89.036; 89.21; 92.19;
93.335, subdivision 4; 94.09, subdivision 2; 94.342,
subdivision 3; 94.343, subdivision 3; 94.344,
subdivision 3; 97A.055, by adding a subdivision;
97A.165; 97A.475, subdivisions 2, 3, 6, 7, 8, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26,
27, 28, 29, 29a, 30, 31, 32, 33, 34, 35, 36, 37, 38,
39, 40, 41, and 42; 97A.485, subdivision 7; 97B.301,
by adding a subdivision; 105.41, subdivision 1b;
106A.661, subdivision 2; 112.73; 115.03, subdivision
1; 115A.03, by adding subdivisions; 115A.14,
subdivision 4; 115A.908, subdivision 2; 115B.17,
subdivision 7; 115B.20, subdivisions 1, 4, and 6;
115B.22, subdivision 7; 115B.24, subdivision 10;
115B.25, subdivision 7; 115B.26; 115C.02, subdivision
6; 115C.08, subdivision 1; 116.41, subdivision 2;
116C.03, subdivision 2; 116E.03, subdivision 1;
116J.01, subdivisions 3 and 4; 116J.58, subdivision 1;
116J.63, by adding a subdivision; 116J.64, subdivision
6; 116J.68, subdivision 2; 116J.873, subdivision 4;
116J.955, subdivisions 1 and 2; 116J.9673, subdivision
4; 116J.970; 116J.971, subdivisions 3, 6, 7, 8, and 9;
116L.02; 116L.03, subdivisions 2 and 7; 116L.04,
subdivision 1; 116N.02, subdivision 6; 116N.08,
subdivisions 4 and 8; 116O.02, by adding a
subdivision; 116O.03, subdivisions 1, 3, and by adding
subdivisions; 116O.04, by adding a subdivision;
116O.05; 116O.06, subdivisions 1 and 5; 116O.08,
subdivision 2; 116O.12; 116O.13; 116O.14; 116O.15;
116P.08, subdivision 1; 116P.13; 148B.17; 169.121,
subdivision 5a; 169.126, subdivisions 4 and 4a;
176.135, subdivision 1; 190.07; 190.25, subdivision 3;
192.51, subdivision 2; 214.06, subdivision 1; 221.67;
256.482, subdivisions 3, 7, and by adding a
subdivision; 260.193, subdivision 8; 270.069; 270.185,
subdivision 1; 273.02, subdivisions 5 and 6; 284.28,
subdivision 8, 9, and 10; 290.39, subdivision 4;
296.421, subdivision 8; 297.13, subdivision 1; 297.26;
297.32, subdivision 9; 297A.44, subdivision 1;
299D.03, subdivision 7; 300.49, subdivision 1;
302A.011, subdivision 11; 302A.153; 302A.821,
subdivisions 4 and 5; 303.13, subdivision 1; 303.21,
subdivision 3; 307.08, subdivision 5; 308.06,
subdivision 4; 317.67, subdivision 2; 322A.16; 330.11,
subdivision 3; 333.055, subdivision 3; 333.20,
subdivision 4; 333.22, subdivision 1; 333.23;
336.9-302; 336.9-403; 336.9-405; 336.9-406; 336.9-407;
336.9-413; 349.213, subdivision 1; 352.01, subdivision
2b; 353.01, subdivision 2a; 357.021, subdivisions 1a,
2, 2a, and 4; 357.08; 361.03, by adding a subdivision;
363.01, by adding a subdivision; 363.073, subdivision
1; 373.27, subdivision 3; 383A.65; 402.065; 403.11,
subdivision 1; 462.396, subdivision 4; 466.01,
subdivision 6; 469.056, subdivision 4; 469.100,
subdivision 6; 469.175, subdivisions 2 and 5; 471.699;
471.13, subdivision 4; 473.375, subdivision 17;
473.435, subdivision 2; 473.543, subdivision 5;
473.843, subdivision 2; 473.844, subdivision 1;
473.845, subdivision 1; 473.877, by adding a
subdivision; 474A.02, subdivision 5a; 480.01; 480.058;
480.09, subdivision 5; 480.235; 480.241, subdivisions
1 and 2; 480.242; 480A.08, subdivision 3; 484.54,
subdivision 2; 484.545, subdivisions 2 and 3; 484.62;
484.64, subdivision 3; 484.65, subdivisions 3 and 7;
484.68, subdivision 5; 485.018, subdivisions 5 and 7;
486.05, as amended; 486.055; 486.06; 487.08,
subdivision 5; 487.31, subdivision 1; 488A.14,
subdivision 1; 488A.17, subdivision 2; 488A.31,
subdivision 1; 488A.34, subdivision 2; 517.08,
subdivision 1c; 525.033; 540.152; 543.08; 609.101;
609.5315, subdivision 5; 611.17; 611.21; 611.215,
subdivision 2; 611.26, subdivision 2; 611A.61,
subdivision 3; 626.861, subdivisions 3 and 4; Laws
1987, chapter 386, articles 2, section 22; 9, section
19; Laws 1988, chapter 686, article 2, sections 5,
subdivision 2; and 10; Laws 1989, chapter 144, section
4; proposing coding for new law in Minnesota Statutes,
chapters 16A; 16B; 84; 93; 115A; 116; 116J; 192; 290;
357; 473; 480; 611; and 631; proposing coding for new
law as Minnesota Statutes, chapter 361A; repealing
Minnesota Statutes 1988, sections 11A.22; 16A.133,
subdivision 3; 84.0911, subdivisions 1 and 3; 84.0921;
84.98; 85.051; 85A.01, subdivision 1b; 89.04; 93.221;
115A.03, subdivision 3; 115A.04; 115A.05; 115A.06,
subdivisions 1 and 3; 115A.11, subdivision 3;
115A.162; 116J.691; 116J.876; 116J.8761; 116J.8762;
116J.8763; 116J.8764; 116J.8765; 116J.8766; 116J8767;
116J.8768; 116J.8769; 116J.941; 116J.942; 116J.968;
116J.983; 161.52; 190.26; 344.03; 383B.63,
subdivisions 4 and 5; 469.012, subdivision 5; 469.121,
subdivision 1; 480.242, subdivision 4; 480.245;
486.07; 487.31, subdivision 4; 488A.05; 488A.111;
488A.22; 488A.281; 525.012, subdivisions 1, 2, 3, and
4; 611.07; 611.071; 611.12; 611.214; 611.25,
subdivision 2; Laws 1975, chapter 258, section 6,
subdivisions 1, 3, 4, and 5; Laws 1983, chapter 334,
section 7, as amended; Laws 1988, chapter 686, article
1, sections 21 and 37, subdivision 10.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
STATE DEPARTMENTS
Section 1. [STATE DEPARTMENTS; APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another fund named, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "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 $440,863,900 $486,223,000 $927,086,900
Special Revenue 40,294,000 41,242,000 81,536,000
Game and Fish 43,549,000 45,674,000 89,223,000
Trunk Highway 12,214,000 24,315,500 36,529,500
Highway User 1,896,000 2,218,000 4,114,000
Workers' Comp. 14,045,000 14,379,000 28,424,000
Environmental
Response 3,527,000 3,527,000 7,054,000
Metro Landfill
Abatement 1,741,000 1,741,000 3,482,000
Metro Landfill
Contingency 719,000 719,000 1,438,000
Minnesota Resources 9,975,000 8,615,000 18,590,000
Motor Vehicle
Transfer 3,351,000 3,058,000 6,409,000
Petroleum Cleanup 1,425,000 1,432,000 2,857,000
TOTAL $573,599,900 $633,143,500 $1,206,743,400
APPROPRIATIONS
Available for the Year
Ending June 30
1990 1991
Sec. 2. LEGISLATURE
Subdivision 1. Total for $ 44,630,900 $ 44,297,500
this section
Summary by Fund
General $ 44,601,800 $ 44,267,000
Trunk Highway $ 29,000 $ 30,500
Subd. 2. Senate 14,494,000 14,494,000
Subd. 3. House of Representatives 19,942,400 19,942,400
$250,000 the first year and $250,000
the second year of the house of
representatives appropriation is for a
management information systems
director, development of a long-range
strategic information management plan
for the house of representatives and
enhancement of the budget coordination
activity. $200,000 of this
appropriation is to be used for the
purchase of computer hardware and
software and is not available for
expenditure until the successful
completion of the strategic information
systems plan.
Subd. 4. Legislative Coordinating
Commission 6,873,500 6,387,100
Summary by Fund
General $ 6,844,500 $ 6,356,600
Trunk Highway $ 29,000 $ 30,500
(a) Legislative Reference Library
1990 1991
$ 783,000 $ 803,000
(b) Revisor of Statutes
$3,352,900 $3,551,100
Before January 1, 1990, the revisor
shall repair the computer facility in
the state office building room B19 so
the facility can be maintained at its
current location until January 1, 1991.
The revisor shall study alternatives
for replacing the computer facility and
report by January 1, 1990, to the house
appropriations committee, the senate
finance committee, and the legislative
coordinating commission. The report
shall include the operational
advantages and disadvantages of the
various alternatives and a
recommendation for a corrective
solution.
(c) Legislative Commission on the
Economic Status of Women
$ 197,000 $ 152,000
$50,000 the first year is to develop
recommendations to the legislature for
a coordinated child care system in
Minnesota. The report shall be
submitted to the legislature by January
1, 1991.
(d) Legislative Commission on
Employee Relations
$ 94,500 $ 95,500
(e) Great Lakes Commission
$ 40,500 $ 40,500
(f) Legislative Commission on Pensions
and Retirement
$ 583,000 $ 607,100
(g) Legislative Commission on
Planning and Fiscal Policy
$ 100,000 $ 100,000
(h) Legislative Commission to Review
Administrative Rules
$ 121,500 $ 124,000
(i) Legislative Commission on Waste
Management
$ 145,200 $ 149,300
(j) Mississippi River Parkway Commission
$ 29,000 $ 30,500
This appropriation is from the trunk
highway fund.
(k) Subcommittee on Redistricting
$ 700,000
(l) Legislative Coordinating Commission -
General Support
$ 726,900 $ 734,100
$200,000 in the first year and $200,000
the second year are appropriated to
fund joint house and senate
subcommittee or task force projects.
Projects funded from this appropriation
must involve both the house and senate,
be temporary in nature, and focus on
key policy issues facing the
legislature. The legislative
coordinating commission shall develop a
project selection process for this
appropriation. $25,000 each year of
this appropriation is for the
legislative task force on minerals.
$50,000 the first year and $50,000 the
second year are reserved for
unanticipated costs of agencies in this
subdivision and subdivision 5. The
legislative coordinating commission may
transfer necessary amounts from this
appropriation to the appropriations of
the agencies concerned, and the amounts
transferred are appropriated to those
agencies to be spent by them. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$78,200 the first year and $82,900 the
second year are for the state
contribution to the National Conference
of State Legislatures.
$69,000 the first year and $73,100 the
second year are for the state
contribution to the Council of State
Governments.
$80,000 appropriated by Laws 1988,
chapter 688, article 21, section 17,
for soil and water stewardship
education does not cancel June 30,
1989, and is available to the
legislative coordinating commission
until June 30, 1991.
Subd. 5. Legislative Audit
Commission 3,321,000 3,474,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Legislative Audit Commission
$ 15,000 $ 15,000
(b) Legislative Auditor
$3,306,000 $3,459,000
Sec. 3. SUPREME COURT
Subdivision 1. Total
Appropriation 11,439,000 12,207,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Supreme Court Operations
$ 3,045,000 $ 2,899,000
$2,100 the first year and $2,200 the
second year are for a contingent
account for expenses necessary for the
normal operation of the court for which
no other reimbursement is provided.
The cost of moving and installing in
the judicial building the marble
fountain which was previously located
in the former Mechanic Arts high school
building is included in any
appropriation for moving expenses of
the court.
$250,000 and one position are for a
study of the state takeover of all
county costs associated with the state
trial court system. This position
expires on June 30, 1991.
Subd. 3. Supreme Court Civil
Surcharge
$ 1,348,000 $ 1,348,000
This appropriation is for legal service
to low-income clients. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year of the biennium.
Subd. 4. Family Farm Legal
Assistance
$ 850,000 $ 850,000
This appropriation is for family farm
legal assistance. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year of the biennium.
Subd. 5. State Court Administrator
$ 5,488,000 $ 6,172,000
$873,000 the first year and $1,179,000
in the second year are to implement the
trial court information system in the
third, sixth, and ninth judicial
districts.
$250,000 the first year and $250,000
the second year are for distribution to
the second and fourth judicial
districts for the housing calendar
consolidation project.
$32,000 the first year is a one-time
appropriation for a computer integrated
courtroom project in the second
judicial district.
$204,000 is a one-time appropriation
for the court to install and operate
video taping equipment in at least
three district courts and the court of
appeals.
$520,000 the second year is for the
county costs of the trial court
information system.
Subd. 6. State Law Library
$ 807,000 $ 1,039,000
Subd. 7. Base Cut
$ (99,000) $ (101,000)
The base cut must be allocated among
the agency's programs by the agency
head.
Sec. 4. COURT OF APPEALS 4,285,000 4,519,000
$235,000 the first year and $588,000
the second year are for costs related
to three new judges, to be added July
1, 1989, July 1, 1990, and December 1,
1990.
Sec. 5. TRIAL COURTS 25,362,000 27,410,000
$4,200,000 the first year is for the
costs of the state takeover of the
trial court and county court costs in
the eighth judicial district and is
available for either year of the
biennium.
$420,000 the first year is for transfer
to the department of finance for the
purposes of a contingent account for
the eighth district project to be
allocated through the regular
legislative advisory commission process.
$1,500,000 the second year is for
district court administrative costs.
$4,328,000 the second year is for law
clerk salaries.
$140,000 the second year is for
insurance for law clerks.
Nothing in this act shall be construed
to build into the base level for the
1992-1993 biennium any court costs
which have not been appropriated for in
this act. It is the intent of the
legislature to continue the state
takeover of trial court costs.
Sec. 6. BOARD ON JUDICIAL
STANDARDS 163,000 163,000
Approved Complement - 2
Sec. 7. BOARD OF PUBLIC DEFENSE 2,665,000 19,485,000
Approved Complement - 31
During the biennium, legal assistance
to Minnesota prisoners shall serve the
civil legal needs of persons confined
to state institutions.
None of this appropriation shall be
used to pay for lawsuits against public
agencies or public officials to change
social or public policy.
$100,000 the first year is a one-time
appropriation for the costs of the
weighted case load study of the public
defender system and public defense
services.
$16,910,000 the second year is for the
costs of felony and gross misdemeanor
public defense services statewide and
all public defense costs in the second
and fourth judicial districts.
Takeover of the costs of public defense
services shall be considered a part of
the base level funding for the
1992-1993 biennium. Nothing in this
act shall be construed to build into
the base level for the 1992-1993
biennium any additional costs of the
public defense system which have not
been appropriated in this act.
Sec. 8. GOVERNOR AND LIEUTENANT
GOVERNOR 2,961,000 2,861,000
This appropriation is to fund the
offices of the governor and lieutenant
governor.
$20,000 the first year and $20,000 the
second year are for personal expenses
connected with the office of the
governor.
$89,000 the first year and $95,000 the
second year are for membership dues of
the National Governors Association.
$2,000 the first year is a one-time
appropriation to the governor's
residence council for repairs and
replacements in the governor's
residence. * (This item of section 8
was vetoed by the governor.)
$100,000 the first year is for a grant
to the board of regents of the
University of Minnesota. It is for the
establishment and operation of a
midwest native plant center at the
University Landscape Arboretum in
conjunction with the National
Wildflower Research Center to
facilitate information exchange and
research of native wildflowers and
plants.
Sec. 9. SECRETARY OF STATE
Subdivision 1. Total
Appropriation 2,918,000 3,029,000
Approved Complement - 59.5
General - 52.5
Special Revenue - 7
The amounts that may be spent from this
appropriation for each activity are
specified in the following subdivisions.
Subd. 2. Elections and Publications
$ 332,000 $ 573,000
Subd. 3. Uniform Commercial Code
$ 166,000 $ 166,000
Subd. 4. Business Services
$ 632,000 $ 632,000
Subd. 5. Administration
$ 523,000 $ 399,000
The appropriation includes one-time
funding for the secretary of state to
prepare, catalogue, and preserve, by no
later than June 30, 1991, official
government survey documents.
The Minnesota Historical Society shall
preserve the original survey documents.
Subd. 6. Fiscal Operations
$ 140,000 $ 140,000
Subd. 7. Data Services
$ 214,000 $ 214,000
Subd. 8. Network Operations
Voter Registration
$ 779,000 $ 697,000
Subd. 9. Reports Renewals
Registration
$ 145,000 $ 223,000
Subd. 10. Base Cut
$ (13,000) $ (15,000)
The base cut must be allocated among
the agency's programs by the agency
head.
Sec. 10. STATE AUDITOR 576,000 576,000
Approved Complement - 115
$77,000 the first year and $77,000 the
second year are for an account the
auditor may bill for costs associated
with conducting single audits of
federal funds. During the biennium,
this account may be used only when no
other billing mechanism is feasible.
$218,000 the first year and $218,000
the second year must be subtracted from
the amount that would otherwise be
payable as local government aid under
Minnesota Statutes, chapter 477A, in
order to reimburse the general fund for
the services of the government
information division and the parts of
the constitutional office that are
related to the government information
function.
$80,000 the first year and $80,000 the
second year must be subtracted from the
total police and fire state aid
otherwise payable to police and
firefighters' relief associations under
Minnesota Statutes, sections 69.011 to
69.051, for the costs and expenses
incurred by the state auditor in making
a review of the audits and examinations
of relief associations. The amount
subtracted shall be divided
proportionally according to the
estimated costs of the audits or
examinations of the police and
firefighters' relief associations as
determined by the state auditor.
Notwithstanding any other law to the
contrary, the state auditor shall
continue to audit the Minnesota state
high school league and review any
private audits done for the league.
Sec. 11. STATE TREASURER 597,000 572,000
Approved Complement - 12
$25,000 the first year is a one-time
appropriation for a study of the
information system needs of the state
treasurer's office.
Sec. 12. ATTORNEY GENERAL
Subdivision 1. Total
Appropriation 18,815,000 18,105,000
Approved Complement - 341.6
General - 313.8
Federal - 9.8
Special Revenue - 18
Summary by Fund
General $ 17,919,000 $ 17,209,000
Special Revenue $ 896,000 $ 896,000
The amounts that may be spent from this
appropriation for each activity are
specified in the following subdivisions.
Subd. 2. Government Services
$ 3,428,000 $ 3,430,000
Subd. 3. Public Resources
$ 2,254,000 $ 2,254,000
Subd. 4. Human Resources
$ 2,699,000 $ 2,699,000
Summary by Fund
1990 1991
General $ 1,983,000 $ 1,803,000
Special Revenue $ 896,000 896,000
The commissioner of human services
shall analyze the effect of Laws 1988,
chapter 689, article 2, sections 163 to
168, on accelerating the resolution of
long-term care rate appeals and report
findings to the legislature by December
1, 1989. The commissioner shall make
recommendations, based on the findings
and any other relevant information, for
additional measures to resolve these
appeals.
$180,000 is appropriated to the special
project account created in Minnesota
Statutes, section 256.01, subdivision
2, paragraph (15), for the state share
of attorney general costs incurred in
the resolution of long-term care
appeals. The maximum balance of the
account shall remain at $1,000,000 as
provided by Laws 1987, chapter 403,
article 4, section 14, until June 30,
1991, and then must return to $400,000.
Subd. 5. Law Enforcement
$ 2,832,000 $ 2,827,000
Subd. 6. Business Regulation
$ 2,799,000 $ 2,799,000
Subd. 7. Legal Policy and
Administration
$ 4,795,000 $ 4,268,000
$50,000 the first year and $50,000 the
second year are for a special account
for unanticipated legal expenses. If
the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$500,000 the first year is for moving
costs and increased rents.
$70,000 the first year and $70,000 the
second year are for the Alliance for a
Drug Free America project. The
attorney general shall take all steps
necessary to ensure women and men are
fairly represented among the
participants in the alliance.
The attorney general, with the
assistance of the commissioner of
employee relations and all state
agencies that employ civil service
attorneys, shall study the activities
performed by the civil service
attorneys and make recommendations to
the legislature by January 8, 1990, on
the classification and the appointing
authority for the positions.
$30,000 the first year is to support
activities celebrating the bicentennial
of the constitution.
$200,000 the first year and $200,000
the second year is a general increase.
Subd. 8. Base Cut
$ (172,000) $ (172,000)
The base cut must be allocated among
the agency's programs by the agency
head.
Notwithstanding Minnesota Statutes,
section 8.06, or other law, a state
agency that is current with its
billings from the attorney general for
legal services may contract with the
attorney general for additional legal
and investigative services.
Sec. 13. INVESTMENT BOARD 1,692,000 1,692,000
Approved Complement - 25
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
Sec. 14. ADMINISTRATIVE HEARINGS 2,999,000 2,999,000
Approved Complement - 77.5
Revolving - 25.5
Workers' Compensation - 52
This appropriation is from the workers'
compensation special compensation fund
for considering workers' compensation
claims.
Notwithstanding Laws 1987, chapter 404,
section 15, the required reduction in
the approved complement of the office
of administrative hearings by four
workers' compensation judges and two
workers' compensation support staff
must not occur until the commissioner
of finance has determined that the
office can reasonably hold a hearing
within six months of the date when a
claim petition is filed with the
department of labor and industry and
the current incumbents no longer hold
those positions.
Sec. 15. ADMINISTRATION
Subdivision 1. Total
Appropriation 24,016,000 23,720,000
1990 1991
Approved Complement - 878.1 878.1
General - 204.6 204.6
Special Revenue - 30.0 30.0
Gift - 1 1
Revolving - 642.5 642.5
Summary by Fund
General $17,507,000 $ 17,208,000
Special Revenue $ 6,509,000 $ 6,512,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Operations Management
$ 3,977,000 $ 3,978,000
$792,000 in contributed capital is
transferred from the department's plant
management fund to the printing
services fund.
The department shall study and submit a
report to the legislature by January 1,
1990, on the feasibility of adding
aircraft to the central motor pool
fleet. This study shall include an
analysis of similar programs in other
states, cost effectiveness of adding
aircraft to the fleet, the cost
effectiveness of consolidating agency
aircraft fleets, and specific
recommendations for future actions.
This study shall also include an
analysis of the University of
Minnesota's aircraft fleet.
Subd. 3. Information Management
$ 5,836,000 $ 5,759,000
Summary by Fund
General $ 1,678,000 $ 1,601,000
Special Revenue $ 4,158,000 $ 4,158,000
The appropriation from the special
revenue fund is for recurring costs of
911 emergency telephone service.
$201,100 the first year and $205,800
the second year must be subtracted from
the amount that would otherwise be
payable to local government aid under
Minnesota Statutes, chapter 477A, in
order to fund the local government
records program and the
intergovernmental information systems
activity.
$1,000,000 in contributed capital is
transferred from the computer services
fund to the telecommunications fund.
The commissioner shall study the
feasibility of contracting for disaster
recovery services from nonstate sources.
Notwithstanding any law to the
contrary, legislators' telephone
records are private data.
Subd. 4. Property Management
$ 7,823,000 $ 7,826,000
Summary by Fund
General $ 5,472,000 $ 5,472,000
Special Revenue $ 2,351,000 $ 2,354,000
$175,000 the first year and $175,000
the second year from the program's
total appropriation are for capitol
area repairs and replacements. Any
unencumbered balance remaining in the
first year does not cancel and is
available for the second year.
$3,582,000 the first year and
$3,582,000 the second year are for
office space costs of the legislature
and veterans organizations, for
ceremonial space, and for statutorily
free space.
The commissioner shall make provisions
in the master plan of agency
relocations for the relocation of the
legislative auditor's office within the
capitol complex according to the
relocation requirements indicated by
the legislative auditor.
$89,000 the first year and $92,000 the
second year are appropriated from the
money received as a result of
litigation or settlements of alleged
violations of federal petroleum pricing
regulations for use in an expansion of
the state of Minnesota's energy
conservation activity. This
appropriation is not available until a
work plan has been reviewed by the
legislative commission on Minnesota
resources. Any unencumbered balance at
the end of the first year does not
cancel and is made available for the
second year.
Subd. 5. Administrative Management
$ 4,985,000 $ 4,757,000
$3,000 the first year and $2,000 the
second year are for the state
employees' band.
The management analysis activity shall
periodically provide the legislature
with a list indicating the studies
being conducted by the activity and any
future studies scheduled at the time
that the list is submitted.
$274,000 is available the first year of
the biennium as a grant to the Thief
River Falls Area Technical Institute
for radio and television equipment used
in the mass communications curriculum.
$139,000 of this amount is to be used
for radio equipment and $135,000 is to
be used for television equipment. Any
unencumbered balance at the end of the
first year does not cancel and is
available for the second year.
$229,000 the first year and $229,000
the second year are for block grants to
public television stations.
$704,000 the first year and $704,000
the second year are for matching grants
to public television stations.
$300,000 of the biennial appropriation
is a one-time grant and shall not be
included in the 1992-1993 budget base.
$1,135,600 the first year and
$1,135,600 the second year are for
public television equipment needs.
Equipment grant allocations shall be
made after considering the
recommendations of the Minnesota Public
Television Association.
$266,000 the first year and $266,000
the second year are for operational
grants to public educational radio
stations, which must be allocated after
considering the recommendations of the
Association of Minnesota Public
Educational Radio Stations under
Minnesota Statutes, section 139.19.
$150,000 of the biennial appropriation
is a one-time grant and shall not be
included in the 1992-1993 budget base.
$215,900 the first year and $215,900
the second year are for public
educational radio stations, which must
be allocated after considering the
recommendations of the Association of
Minnesota Public Educational Radio
Stations for equipment needs.
$100,000 the first year and $100,000
the second year are for equipment
grants to affiliate stations of
Minnesota Public Radio, Incorporated.
Equipment grant allocations must be
made after consideration of the
recommendations of Minnesota Public
Radio, Incorporated.
If an appropriation for either year for
grants to public television or radio
stations is not sufficient, the
appropriation for the other year is
available for it.
Subd. 6. Information Policy Office
$ 1,557,000 $ 1,562,000
$150,000 in the first year is for
distributive computing model grants to
be divided equally among the
Motley-Staples school district,
Ortonville Independent School District
No. 62, and the Minneapolis public
school district. The grants are to
establish experimental computer centers
to demonstrate the effectiveness of a
distributive computing model for a wide
range of computer applications in the
field of education, including financial
management. For purposes of this
section, the reporting requirements of
Minnesota Statutes, section 121.936,
subdivision 1, and the data standards
of Minnesota Statutes, section 121.932,
subdivision 5, must be maintained, but
all other requirements, except
financial obligations, shall be
waived. The information policy office
shall evaluate the models and report to
the legislature in January 1991.
Notwithstanding any law to the
contrary, no statutory changes
affecting reporting and data collection
requirements for local units of
government may be enforced until the
state agency most responsible for
administration of the change has filed
a computer impact statement with the
information policy office. This
statement must indicate the proposed
data processing costs associated with
the pending change.
Subd. 7. Interagency Projects
Special Revenue $ 1,000,000
This appropriation is for the planning
and initial start-up costs associated
with establishing a statewide
telecommunications access and routing
system (STARS). $750,000 shall be
transferred from the computer services
revolving fund to the STARS revolving
fund. Following the initial planning
and development stages of this project
the amount appropriated shall be
reimbursed by agencies and educational
institutions using the system and be
used as contributed capital for the
statewide telecommunications access
routing system revolving account.
Notwithstanding any law to the
contrary, any direct appropriation made
to educational institutions for usage
costs associated with the STARS network
must only be used by the educational
institutions for payment of usage costs
of the network as billed by the
commissioner of administration. The
post-secondary appropriations may be
shifted between systems as required by
unanticipated usage patterns. Such
intersystem transfers are to be
requested by the appropriate system and
may be made only after review and
approval by the commissioner of
finance, in consultation with the
commissioner of administration.
The commissioner may not enter into any
contract implementing the STARS network
without the recommendation of both the
chair of the house appropriations
committee and the chair of the senate
finance committee. The commissioner
shall report to the chairs of the
senate finance committee and the house
appropriations committee on the status
of the contract award process of the
STARS network not later than February
15, 1990.
Notwithstanding any law to the
contrary, higher education institutions
must not purchase interconnective
computer technology without securing
approval of the information policy
office prior to the acquisition.
Subd. 8. Base Cut
$ (162,000) $ (162,000)
The base cut must be allocated among
the agency's programs by the agency
head.
Sec. 16. CAPITOL AREA
ARCHITECTURAL AND PLANNING BOARD 229,000 229,000
1990 1991
Approved Complement - 5 5
Any unencumbered balance of the
appropriation for the first year does
not cancel and is available for use in
the second year.
Sec. 17. FINANCE
Subdivision 1. Total 8,531,000 8,531,000
Appropriation
Approved Complement - 128
The amounts that may be spent from this
appropriation for each activity are
specified below.
$235,000 the first year and $235,000
the second year are for enhancements
and technical support for the biennial
budget system. This appropriation
shall only be expended upon receipt of
the recommendations of the chair of the
house appropriations committee and the
chair of the senate finance committee.
These recommendations are advisory
only. If the appropriation for either
year is insufficient the appropriation
for the other year is available for use.
Beginning with the biennial budget
submitted for the 1992-1993 biennium
all change level requests involving
data processing equipment or staff
shall include a summary of the
recommendations made on the change
level request in the budget document by
the information policy office in the
department of administration.
As a continuation of the fund
consolidation effort begun this
biennium, the commissioner shall study
the remaining special revenue funds in
state government and make
recommendations to the legislature by
January 1, 1990, for any additional
consolidations that should be
accomplished. Special emphasis in this
study shall be placed on those funds
for which agencies are currently given
open appropriation authority such as
enterprise funds.
Any increase in complement with the
exception of federal positions,
approved by the commissioner of finance
as temporary positions, shall be
reflected in the governor's budget
recommendations to the legislature as
change request items. These positions
are not permanent positions until the
legislature has approved the change
request items.
Subd. 2. Base Cut
$ (169,000) $ (169,000)
The base cut must be allocated among
the agency's programs by the agency
head.
Sec. 18. EMPLOYEE RELATIONS
Subdivision 1. Total
Appropriation 10,426,000 9,620,000
1990 1991
Approved Complement - 178.5 169.5
General - 119 112
Special Revenue - 46 44
Trust - 13.5 13.5
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Administration
$1,929,000 $1,929,000
$55,000 the first year and $55,000 the
second year must be subtracted from the
amount that would otherwise be payable
as local government aid under Minnesota
Statutes, chapter 477A, to offset the
cost of the local government pay equity
function of the department.
Subd. 3. Benefits
$ 676,000 $ 199,000
Subd. 4. Labor Relations
$ 484,000 $ 484,000
The commissioner shall prepare a report
evaluating the impacts on state
agencies resulting from the current
schedule for negotiating collective
bargaining agreements. The report
shall include, but not be limited to,
the effects on agencies leaving
positions vacant, laying employees off,
and scaling back or eliminating
programs in order to fully fund
contract settlements. The report shall
also evaluate alternative collective
bargaining arrangements and discuss the
advantages and disadvantages of each.
The commissioner shall consult with the
chairs of the appropriations committee,
the state departments division, and the
government operations committee and
with exclusive representatives of state
employee units in developing the
report. The report shall be submitted
to these committees and the legislative
commission on employee relations by
April 1, 1990.
Subd. 5. Personnel
$7,413,000 $7,084,000
Of the increased amount appropriated
for staffing information systems in
fiscal year 1991, all but $578,000 is a
one-time appropriation. Any
unencumbered balance remaining in the
first year does not cancel and is
available for the second year of the
biennium.
$100,000 the first year and $100,000
the second year are for career
development grants. Any recipient of a
grant must as part of the grant
agreement agree in writing to repay the
state if the recipient voluntarily
leaves state service within one year of
completing the career development
training.
During the biennium, the commissioner
shall study the costs, benefits, and
alternatives of the state's
participation in the Workers'
Compensation Reinsurance Association.
The commissioner shall report the
findings of the study to the
legislature by January 15, 1991.
$121,000 the first year and $132,000
the second year are for a pilot project
to begin an education and training
program to retrain current state
employees to meet changing staffing
needs caused by expanded use of data
processing equipment in the workplace.
This program will focus on identifying
educational opportunities for providing
improved technical skills necessary for
current employees to make a
satisfactory transition into a data
processing based work environment and
to allow managers the flexibility to
reassign employees to reflect changing
staffing needs. The commissioner shall
coordinate the development of this
program with the information policy
office. The commissioner shall ensure
that employees are given the maximum
opportunity possible to change civil
service classifications, employment
conditions, positions, and appointing
authorities after satisfactory
completion of the retraining program.
Agency heads shall also be granted the
authority to require individual
employees to participate in this
retraining program as a condition of
continued employment. None of the
appropriation is available until the
information policy office has approved
the retraining program. During the
biennium, the information policy office
shall continue to monitor and make
recommendations to the commissioner of
employee relations regarding this
training.
Notwithstanding Minnesota Statutes,
section 79.34, subdivision 1, the
University of Minnesota shall pay its
portion of workers' compensation
reinsurance premiums directly to the
workers' compensation reinsurance
association.
Until June 30, 1991, the commissioner
of employee relations may use FICA
savings generated from the dependent
care expense account program to pay for
the administrative costs of the program.
$324,000 the first year and $324,000
the second year are for payment of
peace officer survivor benefits under
Minnesota Statutes, section 176B.04.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 6. Base Cut
$ (76,000) $ (76,000)
The base cut must be allocated among
the agency's programs by the agency
head.
Sec. 19. REVENUE
Subdivision 1. Total
Appropriation 65,431,000 65,510,000
1990 1991
Approved Complement - 1218.2 1168.2
General - 1180.2 1130.2
Highway User - 38 38
Summary by Fund
General $63,754,000 $63,828,000
Highway User $ 1,595,000 $ 1,600,000
Metro Landfill
Abatement $ 41,000 $ 41,000
Metro Landfill
Contingency $ 41,000 $ 41,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Revenue Administration
$19,092,000 $18,819,000
The amount appropriated for the sales
tax processing module is available for
either year of the biennium and is a
one-time expenditure.
The commissioner shall report quarterly
on the progress made and the money
spent on the sales tax module and the
taxpayer accounts system. The report
shall be made to the chairs of the
house appropriations and senate finance
subcommittees, the house appropriations
subcommittee on information and data
processing, and the comparable
subcommittee in the senate.
Of the 55 positions removed from the
base for fiscal year 1991, not more
than eight may be reduced from the
taxpayer services program.
Subd. 3. Tax Policy
$3,088,000 $3,051,000
Subd. 4. Taxpayer Service
$11,089,000 $11,251,000
Summary by Fund
General $ 9,412,000 $ 9,569,000
Highway User $ 1,595,000 $ 1,600,000
Metro Landfill
Abatement $ 41,000 $ 41,000
Metro Landfill
Contingency $ 41,000 $ 41,000
$35,000 the first year and $35,000 the
second year must be subtracted from the
total police and fire state aid
otherwise payable to police and
firefighters' relief associations under
Minnesota Statutes, sections 69.011 to
69.051, and deposited in the general
fund for the costs and expenses
incurred by the department in
collecting and distributing state aid
to police and firefighters' relief
associations.
$55,000 the first year and $55,000 the
second year must be subtracted from the
total taconite production tax revenues
distributed to local units of
government. These amounts shall be
deposited in the general fund for the
costs and expenses incurred by the
department in collecting and
distributing taconite production tax
revenues.
Of the amount appropriated, $340,000
and four positions are for additional
telephone taxpayer assistance.
The department shall during its regular
audits of charitable gambling activity
include in their findings reports on
the potential gender bias in activities
funded from the proceeds of charitable
gambling. The findings shall be
reported to the legislature in January
of 1991.
$30,000 the first year and $30,000 the
second year are for state-paid tuition
for required assessor training.
Subd. 5. Operations
$10,061,000 $10,134,000
Subd. 6. Tax Compliance
$22,719,000 $22,875,000
Subd. 7. Base Cut
$ (618,000) $ (620,000)
The base cut must be allocated among
the agency's programs by the agency
head. * (Section 19, subdivision 7, was
vetoed by the governor.)
Sec. 20. TAX COURT 436,000 437,000
Approved Complement - 6
Sec. 21. NATURAL RESOURCES
Subdivision 1. Total
Appropriation 132,129,000 134,228,000
1990 1991
Agency Approved
Full-Time Equivalency 2,543 2,543
Summary by Fund
General $62,230,000 $63,129,000
All-Terrain $ 744,000 $ 794,000
Con. Con. $ 250,000 $ 250,000
Forest Management $ 5,938,000 $ 5,967,000
Nongame Wildlife $ 1,257,000 $ 1,269,000
Snowmobile $ 4,473,000 $ 4,561,000
State Park M. & O. $ 5,545,000 $ 5,684,000
Water Recreation $ 8,528,000 $ 8,848,000
Wild Rice $ 30,000 $ 30,000
Wildlife Acquis. $ 1,233,000 $ 1,233,000
Game and Fish $40,901,000 $41,588,000
Permanent School $ 325,000 $ 200,000
Trunk Highway $ 675,000 $ 675,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
The full-time equivalency in this
subdivision shall be the base for the
1992-1993 biennium. The commissioner
of finance, in consultation with the
commissioner of natural resources and
the chairs of the house appropriations
and senate finance committees, shall
identify the amount appropriated from
the funds in this subdivision for
salary obligations based on the 1990
base level as adjusted by the
appropriations in this act.
Subd. 2. Mineral Resources Management
$ 4,779,000 $ 4,809,000
The commissioner is authorized one
complement position in the unclassified
service from the mineral lease account.
(a) Mineral Resources
$ 4,779,000 $ 4,809,000
$185,000 the first year and $185,000
the second year are for minerals
research. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year.
$307,000 the first year and $307,000
the second year are for iron ore
cooperative research, of which $200,000
the first year and $200,000 the second
year are available only as matched by
$1 of nonstate money for each $1 of
state money. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year.
$122,000 the first year and $122,000
the second year are for industrial
minerals development. The commissioner
may match this state money with money
from nonstate sources. Any
unencumbered balance remaining in the
first year does not cancel but is
available for the second year.
$750,000 the first year and $750,000
the second year are for mineral
diversification. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year. $70,000 the first year
is for development of products made
from Minnesota clay, including kaolin
clay. Any unencumbered balance
remaining in the first year does not
cancel and is available for the second
year of the biennium.
Any income received from state oil and
gas leases on property owned by the
department of natural resources in the
state of Montana shall be deposited in
the minerals lease account and be made
available for litigation costs. After
completion of the litigation, any
remaining funds received from the
leases shall remain in the mineral
lease account and be available for
mineral diversification.
(b) Mineland Reclamation
$ 408,000 $ 408,000
Subd. 3. Water Resources Management
$ 6,774,500 $ 6,655,000
Summary by Fund
General $ 6,692,500 $ 6,573,000
Water Recreation $ 82,000 $ 82,000
$7,500 in the first year is for
construction of an outlet control
structure to stabilize the level of
Johnson Lake in Aitkin county.
The board of water and soil resources
is authorized to make grants to
counties for comprehensive local water
planning and implementation of priority
actions identified in approved plans
and sealing of abandoned wells.
$1,100,000 the first year and
$1,100,000 the second year are
available for shoreland management
grants to include $125,000 each year of
the biennium total for a grant to the
North Shore Management Board. Pursuant
to existing law and department rules,
the metropolitan area shall be
considered in distribution of these
funds.
$150,000 the first year is to conduct
the stream maintenance program under
Minnesota Statutes, section 105.475.
Any unencumbered balance remaining in
the first year does not cancel and is
available for the second year of the
biennium.
Subd. 4. Forest Management
$ 24,941,500 $ 26,453,000
Summary by Fund
General $18,260,500 $19,745,000
Con. Con. $ 250,000 $ 250,000
Forest Management $ 5,756,000 $ 5,783,000
Trunk Highway $ 675,000 $ 675,000
The divisions of forestry and fish and
wildlife must coordinate the harvesting
of trees in order to ensure optimum
wildlife habitat benefits and water
quality of adjacent streams or lakes.
$765,000 the first year and $765,000
the second year are for emergency fire
fighting and are not subject to
transfer. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it. If these
appropriations are insufficient, the
amount necessary to pay for emergency
firefighting expenses during the
biennium is appropriated from the
general fund. No more than $400,000
the first year and $410,000 the second
year are available for presuppression
costs.
$120,000 the first year and $120,000
the second year from the general fund
under Minnesota Statutes, section
89.04, may be used for grants to the
board of water and soil resources for
cost-sharing with landowners in the
state forest improvement program.
$1,687,000 the first year and
$2,497,000 the second year are
available for county forest management
grants. $200,000 each year of this
amount shall be used for employment of
Minnesota conservation corps in
forested counties of Minnesota.
$250,000 the first year and $350,000
the second year are for grants to the
University of Minnesota College of
Natural Resources. $400,000 of this
amount is for hybrid aspen and hybrid
larch research and development at the
North Central Experiment Station at
Grand Rapids. $200,000 of this amount
is for expansion of the paper science
and engineering program.
$7,500 the first year is for a grant to
the Thief River Falls Technical
Institute for a pilot project on aspen
tree planting on conservation reserve
lands.
The commissioner shall study and report
to the legislature by January 1, 1991,
the sources of state payments to
counties for forestry related
activities. The report shall identify
the amounts paid by counties from
various sources, the statutes directing
the payments, and provide a comparison
of the actual state payments to the
amount individual counties would have
received for these lands under the
payment in lieu of taxes formulas.
$100,000 the first year of this
appropriation is to be used as a grant
to the Natural Resources Research
Institute for a study of aspen
thinning. The institute shall submit a
report to the chairs of the environment
and natural resources and economic
development committees of the house and
senate by January 15, 1991.
Subd. 5. Parks and Recreation
Management
$17,096,000 $17,419,000
Summary by Fund
General $10,979,000 $11,164,000
State Park
Maintenance and
Operation $ 5,545,000 $ 5,684,000
Water Recreation $ 572,000 $ 571,000
$572,000 the first year and $571,000
the second year are from the water
recreation account for state park
development projects. If the
appropriation in either year is
insufficient, the appropriation for the
other year is available for it.
The commissioner shall study and report
to the legislature by July 1, 1990, the
feasibility of providing a lapidary
site or sites within a state park or
forest area. The study shall identify
the need for such sites, potential site
locations, and projected costs
associated with creation of such a
program.
The commissioner shall develop a
program to celebrate the 100th
anniversary of the state park system.
The activities planned for this
celebration must focus on Itasca State
Park, but shall be a systemwide
recognition of the unique natural and
cultural resources preserved within the
park system. The commissioner shall
coordinate this effort with the
commissioner of trade and economic
development as part of the celebrate
1990 program.
Subd. 6. Trails and Waterways
$ 9,213,000 $ 9,663,000
Summary by Fund
General $ 1,137,000 $ 1,157,000
All-Terrain $ 556,000 $ 606,000
Snowmobile $ 3,471,000 $ 3,541,000
Water Recreation $ 3,626,000 $ 3,935,000
Game and Fish $ 423,000 $ 424,000
$1,748,000 the first year and
$1,748,000 the second year are for
snowmobile grants-in-aid.
$35,000 appropriated in Laws 1988,
chapter 686, article 1, section 11, for
lease of the Paul Bunyan Trail does not
cancel on June 30, 1989, and is
available to the commissioner for this
lease agreement until June 30, 1991.
$250,000 the second year is available
from the water recreation account for a
safe harbor program on Lake Superior.
This appropriation is not available
until the satisfactory completion of
the legislative commission on Minnesota
resources' north shore harbor study
project.
Subd. 7. Fish and Wildlife
Management
$30,757,000 $31,148,000
Summary by Fund
General $ 2,712,000 $ 2,638,000
Nongame Wildlife $ 1,081,000 $ 1,219,000
Water Recreation $ 394,000 $ 394,000
Wild Rice $ 30,000 $ 30,000
Wildlife Acquis. $ 715,000 $ 715,000
Game and Fish $25,825,000 $26,152,000
$685,700 in the first year and $685,700
the second year are appropriated from
the game and fish fund for payments to
counties in lieu of taxes on acquired
wildlife lands and is not subject to
transfer.
$769,000 the first year and $777,000
the second year are from the nongame
wildlife management account in the
special revenue fund for the purpose of
nongame wildlife management. Any
unencumbered balance remaining in the
first year does not cancel but is
available the second year.
$30,000 the first year and $30,000 the
second year are available from the wild
rice account for a cooperative
agreement with the Cuyuna Development
Corporation for an economic development
project on wild rice and grains. This
project is to be accomplished in
consultation with Aitkin Growth, Inc.
$50,000 the first year and $50,000 the
second year are available for a grant
to Aitkin Growth, Inc. for the
development of projects for added value
to wild rice and other grains. Any
unencumbered balance at the end of the
first year shall not cancel, but shall
be available for the second year.
$127,900 the first year and $127,900
the second year are available for deer
and bear management to include
emergency deer feeding. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available. The
commissioner shall study the costs
associated with emergency deer feeding
and shall include the effect that the
feeding project has on the deer
population. This study shall be
completed by January 1, 1991, and
include a comparison of Minnesota's
emergency deer feeding program to
emergency deer feeding programs in
other states.
Any balance remaining in the $80,000
appropriation made for elk management
in Laws 1987, chapter 404, section 22,
does not cancel and is made available
until June 30, 1991.
The commissioner shall seek to qualify
money appropriated for reinvest in
Minnesota, payments associated with
Indian treaty agreements, and projects
funded by legislative commission on
Minnesota resources funds for federal
matching funds available under the
Wallop-Breaux program.
The commissioner shall make the
development of fishing piers on the
Mississippi river in areas easily
accessible to inner city populations
shall be a priority in allocating the
funds used to construct fishing piers
for the 1990-1991 biennium.
$100,000 the first year is from the
game and fish fund to construct two
barrier reefs on the south shore of
Lake of the Woods for fish habitat
improvement.
$250,000 the first year and $250,000
the second year are general fund base
adjustments to the scientific and
natural areas and county biological
survey activities. $150,000 each year
shall be directed to the county
biological survey. One unclassified
position is authorized in the general
fund for this activity. $100,000 each
year is for the scientific and natural
areas activity.
$100,000 the first year and $100,000
the second year are available on a
matching basis for private nonprofit
organizations including, but not
limited to, sporting groups and lake
associations to conduct fish rearing
and stocking for the department. The
commissioner shall develop a process
for the distribution of funds to
organizations submitting proposals for
this program. Notwithstanding any
rules, regulations, or policies of the
department to the contrary, the
commissioner shall obtain a portion of
the fish used for this pilot from
private fish hatcheries. The
commissioner shall ensure that fish
obtained from private hatcheries comply
with the health and genetic standards
applied to fish raised by the
department's hatcheries. Grant
projects selected for this program must
meet eligibility requirements for
federal reimbursement from
Wallop-Breaux funds.
The commissioner shall contract with a
private consultant outside state
service to conduct a study of the
cost-effectiveness of this program and
the potential for continuation beyond
the biennium. The study shall also
include an analysis of the costs
associated with the operation of a
state fish hatchery to include at least
building maintenance, personnel,
supplies, and expenses as compared to
the costs of private hatchery
operations. The study shall be
submitted to the legislature on or
before January 1, 1991, analyzing the
results of the project and making
specific recommendations for future
actions relative to public and private
ventures. A work plan must be
submitted and reviewed by the
legislative commission on Minnesota
resources for the project. Should the
appropriation from either year be
insufficient, the appropriation from
the other year shall be made available.
$250,000 the first year and $250,000
the second year is from the water
recreation account for the development
of a program to control the spread of
purple loosestrife and Eurasian water
milfoil on Minnesota public waters.
$1,025,000 the first year and
$1,025,000 the second year are
appropriated from the general fund to
the commissioner of natural resources
for the reinvest in Minnesota programs
of game and fish, critical habitat, and
wetlands, established under Minnesota
Statutes, section 40.43. Any
unencumbered balance for the first year
does not cancel but is available for
use the second year.
Subd. 8. Enforcement
$12,631,000 $12,952,000
Summary by Fund
General $ 2,246,000 $ 2,246,000
All-Terrain $ 152,000 $ 152,000
Snowmobile $ 282,000 $ 282,000
Water Recreation $ 1,972,000 $ 1,972,000
Game and Fish $ 7,979,000 $ 8,300,000
$1,124,300 the first year and
$1,124,300 the second year are from the
water recreation account for grants to
counties for boat and water safety.
The undercover operations unit within
this division shall submit an annual
finance report to the chair of the
house appropriations committee and the
chair of the senate finance committee
by January 1 of each year detailing the
expenditures for the previous fiscal
year and projecting the expenditures
for the forthcoming fiscal year.
Subd. 9. Field Operations Support
$10,136,000 $ 9,294,000
Summary by Fund
General $ 5,401,000 $ 4,669,000
Game and Fish $ 3,792,000 $ 3,807,000
Snowmobile $ 11,000 $ 11,000
Water Recreation $ 354,000 $ 354,000
Permanent School $ 325,000 $ 200,000
Wildlife Acquis. $ 253,000 $ 253,000
$832,000 the first year and $492,000
the second year are for land sale costs
under Minnesota Statutes, section
92.67, subdivision 3. Any unencumbered
balance remaining in the first year
does not cancel and is available for
the second year.
The three complement positions for the
department of natural resources
lakeshore lease sale program are funded
only until June 30, 1991.
If the appropriation made under
Minnesota Statutes, section 92.46,
subdivision 1, paragraph (d), for
fiscal year 1990 is not expended, it is
available for use in fiscal year 1991.
$500,000 is appropriated from the
general fund as contributed capital for
the professional services revolving
account established to provide
engineering and real estate management
services to the department's operating
unit. Positions established within
this account are in the unclassified
service.
Subd. 10. Regional Operations Support
$ 4,751,000 $ 5,022,000
Summary by Fund
General Fund $ 3,818,000 $ 4,077,000
Game and Fish $ 708,000 $ 719,000
Water Recreation $ 225,000 $ 226,000
Subd. 11. Special Services and
Programs
$ 5,099,000 $ 4,928,000
Summary by Fund
General $ 3,769,000 $ 3,698,000
Forest Management $ 182,000 $ 184,000
Nongame Wildlife $ 176,000 $ 50,000
Snowmobile $ 180,000 $ 198,000
Water Recreation $ 487,000 $ 493,000
Wildlife Acquis. $ 265,000 $ 265,000
Game and Fish $ 40,000 $ 40,000
$85,000 the first year and $85,000 the
second year are for a grant to the
Mississippi headwaters board for up to
50 percent of the cost of implementing
the comprehensive plan for the upper
Mississippi within areas under its
jurisdiction.
$18,000 the first year and $18,000 the
second year are for department
operating and administrative expenses
associated with the Mississippi
headwaters board grant and the
implementation of the plan in areas
along the river that are not included
within the jurisdiction of the
Mississippi headwaters board.
$126,000 the first year is from the
nongame wildlife account for a planning
grant to the Committee for an
International Wolf Center for planning
and program development for the wolf
center.
$100,000 the first year is for a
planning grant to the Kettle River
Environmental Learning Center. Any
unencumbered balance from the first
year does not cancel, but is available
for the second year.
Subd. 12. Administrative Management
Services
$ 5,951,000 $ 5,885,000
Summary by Fund
General $ 2,436,000 $ 2,353,000
All-Terrain $ 36,000 $ 36,000
Snowmobile $ 529,000 $ 529,000
Water Recreation $ 816,000 $ 821,000
Game and Fish $ 2,134,000 $ 2,146,000
The commissioner of employee relations
shall transfer persons occupying
classified or unclassified seasonal,
part-time, or full-time positions with
a full-time equivalency of 75 percent
or greater in the department of natural
resources that are converted to
full-time classified positions by the
state departments appropriation act of
1989 to the same classification and pay
step in the classified civil service
without competitive examination as of
June 30, 1989.
Sec. 22. ZOOLOGICAL BOARD 5,851,000 5,036,000
Approved Complement - 157
$125,000 the first year and $125,000
the second year are only for major
maintenance and physical facilities
upkeep at the zoo and are one-time
appropriations.
$750,000 the first year is for a match
of private dollars toward the coral
reef shark exhibit. This is a one-time
appropriation and is available for the
biennium.
$65,000 the first year is a one-time
appropriation for a contract with a
post-secondary educational institution
for horticultural activities and
greening of the zoo.
$1,200,000 appropriated by Laws 1988,
chapter 686, article 1, section 12,
item (b), to renovate the water and
filtration systems that serve the
beluga whale facility, does not cancel
on June 30, 1989, and is available
until expended.
Sec. 23. POLLUTION CONTROL AGENCY
Subdivision 1. Total
Appropriation 25,934,000 25,115,000
1990 1991
Approved Complement - 631.5 638.5
General - 190.5 190.5
Special Revenue - 115.5 132.5
Federal - 207.5 196.5
Environmental - 56 56
Metro Landfill
Contingency - 2 2
Motor Vehicle Transfer - 18 18
Building - 23 23
Petroleum Cleanup - 19 20
Summary by Fund
General $11,632,000 $10,667,000
Special Revenue $ 3,817,000 $ 4,249,000
Environmental $ 3,527,000 $ 3,527,000
Metro Landfill
Abatement $ 1,700,000 $ 1,700,000
Metro Landfill
Contingency $ 678,000 $ 678,000
Petroleum Cleanup $ 1,425,000 $ 1,432,000
Motor Vehicle
Transfer $ 3,155,000 $ 2,862,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Water Pollution Control
$ 5,522,000 $ 4,211,000
Summary by Fund
General $ 4,252,000 $ 2,752,000
Special Revenue $ 1,270,000 $ 1,459,000
$225,000 the first year is from the
general fund to be transferred to the
department of trade and economic
development for the capital cost
component grant program established
under Minnesota Statutes, section
116.18, subdivision 3b, for the purpose
of providing full grants to those
municipalities awarded partial capital
cost component grants in 1989.
This appropriation is only available
upon certification by the pollution
control agency that the construction
plans for the affected projects meet
established requirements and the
appropriate construction security bonds
have been obtained by the contractor
for each project.
The total state stop payment amount
that is withheld from communities
completing wastewater treatment
facility construction under the
state-federal matching grants program
must not exceed ten percent of the
total state grant amount.
Notwithstanding any law to the
contrary, agricultural land and land
capable of being used as farmland in
vegetable processing operations that is
reasonably necessary to meet the
requirements of pollution control laws
or rules shall not be subject to the
land ownership prohibitions of
Minnesota Statutes, section 500.221.
Notwithstanding any other law to the
contrary, municipalities on the needs
list for state reimbursement of
wastewater treatment facilities shall
not have their position on the state
needs list changed in any way as a
result of local funding of wastewater
treatment facilities under Minnesota
Statutes, section 116.18, subdivision
3c.
Subd. 3. Air Pollution Control
$ 3,047,000 $ 3,515,000
Summary by Fund
General $ 1,891,000 $ 1,891,000
Special Revenue $ 608,000 $ 604,000
Motor Vehicle
Transfer $ 548,000 $ 1,020,000
$548,000 the first year and $1,020,000
the second year are available as a loan
from the motor vehicle transfer fund to
the vehicle emissions inspection
account for the vehicle emissions
inspection program. The loan shall be
repaid from vehicle emissions
inspection receipts. The authorized
complement is increased by six
positions the first year and by no more
than 16 positions the second year. Of
the complement for the second year no
more than 15 shall be inspection waiver
officers and not more than one shall be
an inspection waiver officer
supervisor. The agency shall allot no
more than one waiver officer for each
inspection station made operational
during the biennium. Should the number
of inspection stations made operational
be less than 15, the total authorized
complement shall be adjusted downward
accordingly.
Subd. 4. Groundwater and Solid Waste
Pollution Control
$ 7,813,000 $ 8,313,000
Summary by Fund
General $ 2,553,000 $ 3,053,000
Environmental
Response $ 2,890,000 $ 2,890,000
Metro Landfill
Abatement $ 1,700,000 $ 1,700,000
Metro Landfill
Contingency $ 670,000 $ 670,000
All money in the environmental
response, compensation, and compliance
fund not otherwise appropriated, is
appropriated to the pollution control
agency for the purposes described in
the environmental response and
liability act, Minnesota Statutes,
section 115B.20, subdivision 2,
paragraphs (a), (b), (c), and (d).
This appropriation is available until
June 30, 1991.
All money in the metropolitan landfill
abatement fund not otherwise
appropriated is appropriated to the
pollution control agency for payment to
the metropolitan council and may be
used by the council for the purposes of
Minnesota Statutes, section 473.844.
The council may not spend the money
until the legislative commission on
waste management has made its
recommendations on the budget and work
program submitted by the council.
$1,000,000 the first year and
$1,500,000 the second year are
appropriated from the general fund for
transfer to the environmental response,
compensation, and compliance fund.
Any unencumbered balance from the
metropolitan landfill contingency fund
remaining in fiscal year 1990 does not
cancel but is available for fiscal year
1991.
Subd. 5. Hazardous Waste Pollution
Control
$ 3,922,000 $ 4,126,000
Summary by Fund
General $ 1,129,000 $ 1,079,000
Special Revenue $ 1,366,000 $ 1,613,000
Motor Vehicle
Transfer $ 121,000 $ 121,000
Petroleum Cleanup $ 1,306,000 $ 1,313,000
$50,000 in the first year is for a
grant to the Minnesota emergency
responders training academy for
hazardous materials handling training.
Subd. 6. Regional Support
$ 52,000 $ 52,000
Summary by Fund
Environmental $ 41,000 $ 41,000
Motor Vehicle
Transfer $ 2,000 $ 2,000
Petroleum Cleanup $ 9,000 $ 9,000
Subd. 7. General Support
$ 3,131,000 $ 3,216,000
Summary by Fund
General $ 1,807,000 $ 1,892,000
Environmental $ 596,000 $ 596,000
Metro Landfill
Contingency $ 8,000 $ 8,000
Motor Vehicle
Transfer $ 37,000 $ 37,000
Special Revenue $ 573,000 $ 573,000
Petroleum Cleanup $ 110,000 $ 110,000
The program permit and assessment fees
of the pollution control agency shall
equal as nearly as possible the amount
appropriated from the special revenue
fund for the biennium and may not
include any amounts to cover the cost
items in Minnesota Statutes, section
16A.128, subdivision 1a, except to the
extent that the cost items are included
in the appropriations.
Beginning with fiscal year 1990, any
new fee or fee increase adopted by the
pollution control agency under
Minnesota Statutes, chapter 14, shall
be subject to legislative approval
during the next biennial budget session
following adoption. The commissioner
shall submit a report of fee
adjustments to the legislature as a
supplement to the biennial budget. Any
new fee or fee increase shall remain in
effect unless the legislature passes a
bill disapproving the new fee or fee
increase. Any fee or fee increase
disapproved by the legislature shall
become null and void on July 1
following adjournment.
Subd. 8. Waste Tire Management
Motor Vehicle
Transfer $ 2,447,000 $ 1,682,000
This appropriation is from the motor
vehicle transfer fund for use in
cleanup of waste tire dumps, as
prioritized by the agency. Any
unencumbered balance remaining in the
first year does not cancel but is
available for the second year.
Sec. 24. OFFICE OF WASTE MANAGEMENT 1,655,000 -0-
Summary by Fund
General $ 1,655,000 $ -0-
1990 1991
Approved Complement - 22 10
General - 12 0
Building - 10 10
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 25. TRADE AND ECONOMIC
DEVELOPMENT
Subdivision 1. Total
Appropriation 39,745,000 37,817,000
1990 1991
Approved Complement - 227.7 231.7
General - 188.7 188.7
Special Revenue - 3 3
Motor Vehicle
Transfer - 3 3
Trunk Highway - 16 16
Federal - 17 21
Summary by Fund
General $38,884,000 $36,956,000
Motor Vehicle
Transfer $ 196,000 $ 196,000
Trunk Highway $ 665,000 $ 665,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
The following accounts within the
special fund are abolished: 1991
sports festival, amateur athletic
facilities, sport event lead network,
Minnesota Olympic development, and the
celebrate 1990 program.
All funds received by the department as
a result of interagency agreements for
the celebrate 1990 program shall be
deposited as nondedicated receipts to
the general fund. The commissioner of
finance shall add a like amount from
the general fund to the appropriations
in this section. This is a one-time
appropriation.
Subd. 2. Minnesota Trade Office
$2,307,000 $2,319,000
There is appropriated funding for a
trade office in Canada.
The department may not extend the lease
agreement for space in the world trade
center without the written approval of
both the chair of the house
appropriations committee and the chair
of the senate finance committee. The
department shall present a proposed
lease agreement to the chairs of the
house appropriations and senate finance
committees in time for the department
to find alternative space should the
lease agreement not be approved.
Subd. 3. Business Promotion
$4,413,000 $4,313,000
Summary by Fund
General $4,217,000 $4,117,000
Motor Vehicle Transfer $ 196,000 $ 196,000
$170,000 the first year and $170,000
the second year are for the Minnesota
motion picture board. This
appropriation is available only upon
receipt by the board of $1 in matching
contributions of money or in kind from
nonstate sources for every $3 provided
by this appropriation.
Funding for administration of the
celebrate 1990 program is a one-time
appropriation to be used for
administration of the 1990 program only.
$800,000 the first year and $800,000
the second year are for a grant to
Minnesota Project Outreach.
$125,000 the first year and $125,000
the second year are for the state's
match for the federal small business
development centers. The department
shall evaluate the effectiveness of
these centers and report to the
legislature in January of 1991 on the
cost effectiveness of these centers.
If funding in one year is insufficient
the other year's appropriation is
available.
$1,300,000 the first year and
$1,300,000 the second year is for the
Minnesota Jobs Skills Partnership.
Funding for grants through the jobs
skills partnership program appropriated
by Laws 1987, chapter 386, article 10,
section 9, does not cancel and may be
used for further grants.
The three positions and their
incumbents in the Jobs Skills
Partnership are transferred to trade
and economic development.
$150,000 appropriated to the amateur
sports commission by Laws 1988, chapter
686, article 1, section 16, item (b),
for operation of the Blaine sports
facility is available until June 30,
1990.
The commissioner of finance may
transfer money from the general fund up
to $225,000 to the national sports
center special revenue account under
Minnesota Statutes, section 16A.126.
The transfer must be repaid to the
general fund by the amateur sports
commission from proceeds of the
operation of the national sports center
by June 30, 1991.
Subd. 4. Tourism
$8,195,000 $8,095,000
Summary by Fund
General $7,530,000 $7,430,000
Trunk Highway $ 665,000 $ 665,000
$125,000 the first year and $125,000
the second year is for computer needs
at the travel information centers.
This appropriation is from the general
fund and is a one-time appropriation.
$40,000 the first year and $40,000 the
second year are from the trunk highway
fund for funding of a regional office.
Notwithstanding any law to the
contrary, the department of
transportation shall provide space free
of charge to the office of tourism for
travel information centers. The
department of transportation shall
provide highway maps free of charge for
use and distribution through the travel
information centers. The department of
transportation shall not charge the
office of tourism for any regular
expenses associated with the operation
of the travel information centers.
$75,000 of this appropriation is to the
office of tourism for promoting the
cross country ski trails program and
providing the public with information
about the importance of the program to
tourism in Minnesota and the importance
of maintenance and development of cross
country ski trails. $100,000 the first
year is for a grant to Moscow on the
Mississippi for a year-long series of
events and exchanges between Minnesota
and the Soviet Union. This
appropriation is available until
expended. In order to develop maximum
private sector involvement in tourism,
$2,200,000 the first year and
$2,200,000 the second year of the
amounts appropriated for marketing
activities are contingent upon receipt
of an equal contribution of nonstate
sources that have been documented by
the commissioner of finance. Up to
one-third of the match may be given in
in-kind contributions.
Subd. 5. Administration
$ 1,491,000 $ 1,491,000
Subd. 6. Community Development
$22,358,000 $20,618,000
$5,664,000 the first year and
$5,664,000 the second year are for
economic recovery grants. The
department of trade and economic
development may grant up to $100,000
from the economic recovery fund to a
city of under 600 population that has
experienced economic hardship in the
last 12 months due to the loss of
employment. The grant may be used to
establish a revolving loan fund or to
undertake public improvements to
enhance economic development prospects
for the city.
$500,000 the first year is for a grant
to the Duluth zoo. The grant is only
available after the commissioner of
finance has determined that this grant
has been matched with $500,000 from
nonstate sources.
$1,400,000 the first year is a one-time
grant to the Minnesota Advanced
Manufacturing Technology Center.
$5,000,000 the first year and
$6,075,000 the second year are for the
targeted neighborhoods revitalization
and financing program.
$2,000,000 the first year and
$3,000,000 the second year are for
payment of a grant to the metropolitan
council for metropolitan area regional
parks maintenance and operation.
$700,000 the first year is for
Minnesota marketplace grants and is
available for either year.
$350,000 appropriated by Laws 1988,
chapter 686, article 1, section 14,
item (g), for the Minnesota marketplace
program does not cancel on June 30,
1989, and is available for the biennium
ending June 30, 1991.
$1,500,000 the first year is a one-time
general fund grant to capitalize a
tourism loan account in the special
revenue fund.
$1,000,000 the first year is for
funding of the celebrate 1990 grants.
Only existing applications that have
not received funding shall be
considered for funding. Funding
appropriated in the first year of the
biennium for celebrate 1990 grants is
available for the second year. This is
a one-time appropriation.
$350,000 the first year and $350,000
the second year is for the community
and neighborhood development
organization pilot project. The three
complement positions added for this
program are in the unclassified service.
Any remaining balance in the energy and
economic development fund after the
appropriations made in Laws 1987,
chapters 386 and 404, section 26, is
canceled to the general fund.
A city may grant the funds received
under Laws 1988, chapter 686, article
1, section 14, paragraph (o), to an
incorporated development society or
organization of the state that, in the
city's opinion, will use the money for
the best interests of the joint
consolidated district area in
developing the economic and
agricultural resources of the area.
$250,000 the first year and $250,000
the second year are for community
development corporations. This
appropriation is only available to the
extent that it is matched by a
community development corporation with
$2 of nonstate money for every $3 of
state money.
$200,000 the first year and $200,000
the second year are for a grant to the
Women's Economic Development
Corporation. This is a one-time
appropriation.
$100,000 the first year and $100,000
the second year are for a grant to the
Minnesota cooperation office. This is
a one-time appropriation.
$851,000 the first year and $2,686,000
the second year are for grants to pay
principal and interest due on bonds
issued by the city of Minneapolis for
the Great River Road Project, the city
of St. Paul for the Como Park
conservatory, suburban Hennepin
regional park district for land
acquisition and development, Washington
County for land acquisition and
development, and the Western Lake
Superior Sanitary District. The
amounts needed each year for the
Western Lake Superior Sanitary District
are transferred to the pollution
control agency for payment of this
grant. These amounts shall be
continued in the base and adjusted only
for the normal reduction in principal
and interest payments.
Notwithstanding any law to the
contrary, suburban Hennepin regional
park district may issue $1,700,000 in
general obligation bonds to acquire and
develop land for a regional park on
Lake Minnetonka. Bonds issued under
this authority are not included in the
net debt of the park district as
defined in Minnesota Statutes, section
383B.73, subdivision 2.
Notwithstanding any law to the
contrary, Washington County may issue
$1,500,000 in general obligation bonds
to acquire and develop land for a
regional park on Big Marine Lake.
$60,000 the first year and $60,000 the
second year are for a grant to the
Minnesota High Tech Corridor.
$50,000 the first year is for a grant
to study the feasibility, location, and
design of a museum of transportation in
St. Paul.
$500,000 the first year is for a loan
to the city of St. Paul for costs
relating to the restoration,
maintenance, and operation of the St.
Paul union depot concourse. The loan
must be repaid, without interest, by
June 30, 1994.
$100,000 the first year and $100,000
the second year are for the small
cities federal match.
$200,000 appropriated by Laws 1988,
chapter 686, article 1, section 14,
item (e), for a symposium on technical
innovation and entrepreneurship is
available until December 31, 1989.
$75,000 the first year and $75,000 the
second year are for a grant to the
Minnesota Inventors' Congress. The
purposes of this grant include
establishment of a focal point for
development of an invention support
system including an advisory council
comprised of representatives from the
public and private sectors;
coordination of an invention support
system, primarily in the form of
semi-autonomous regional centers, while
protecting, enriching, and promoting
existing activities such as the
Minnesota Inventors' Congress, the
Minnesota Inventors' Hall of Fame, the
Inventions and Technology Transfer
Corporation, the Inventors' Club, and
the Young Inventors' Fair; promotion of
invention research, with resultant
knowledge to be disseminated to
Minnesota educational systems; and
development of a fiscal design for the
statewide invention support system.
The Minnesota Inventors' Congress shall
submit to the commissioner of trade and
economic development and to the chairs
of the senate finance committee and
house appropriations committee by
December 31, 1989, an implementation
plan for its activities under this
grant and shall report to the
commissioner of trade and economic
development by June 30 of each year on
its activities in carrying out the
purposes of this grant.
Subd. 7. Policy Analysis, Science, and Technology
$ 1,191,000 $ 1,191,000
$50,000 the first year and $50,000 the
second year are for Quality Council
grants.
$120,000 the first year and $120,000
the second year are for a grant to
Minnesota Project Innovation.
Subd. 8. Base Cut
$ (210,000) $ (210,000)
The base cut must be allocated among
the agency's programs by the agency
head.
Notwithstanding any law to the contrary
the Greater Minnesota Corporation may
not reduce its commitment to the
Minnesota advanced manufacturing
technology center project.
$800,000 of any funds except those
designated by law specifically for
agricultural related purposes received
by the Greater Minnesota Corporation
through an appropriation, a transfer
from another state fund, investment
income, fees, and other charges,
repayment of loans, royalty and
dividend income and lottery proceeds
are transferred to the department of
trade and economic development for
deposit in the capital access account
in the special revenue fund for the
capital access program. * (This item of
section 25 was vetoed by the governor.)
Subd. 9. Greater Minnesota Corporation Reallocations
$1,000,000 the first year of any funds
except those designated by law
specifically for agricultural related
purposes received by the Greater
Minnesota Corporation through an
appropriation, a transfer from another
state fund, investment income, fees,
and other charges, repayment of loans,
royalty and dividend income and lottery
proceeds shall be transferred to
Minnesota Project Innovation by October
1, 1989, for the purposes of providing
research bridge grants. The
commissioner of trade and economic
development shall be responsible for
coordinating the grant. Upon written
notice from the commissioner of trade
and economic development, the Greater
Minnesota Corporation shall transfer
the funds requested to Minnesota
Project Innovation. * (This item of
section 25 was vetoed by the governor.)
$150,000 the first year of any funds
except those designated by law
specifically for agricultural related
purposes received by the Greater
Minnesota Corporation through an
appropriation, a transfer from another
state fund, investment income, fees,
and other charges, repayment of loans,
royalty and dividend income, and
lottery proceeds shall be transferred
by August 1, 1989, to the Western Five
Community Development Corporation for
the purpose of establishing a statewide
system of aiding small businesses in
preparing proposals for and negotiating
federal government procurement
contracts. The Western Five Community
Development Corporation shall cooperate
with the other community development
corporations in the state to develop
this statewide system.
Responsibilities of the community
development corporations may include
preparation and negotiation of federal
government procurement proposals on
behalf of small businesses and
administration of federal government
procurement contracts. This funding
must be matched on a dollar-for-dollar
basis from nonstate sources. * (This
item of section 25 was vetoed by the
governor.)
Sec. 26. AMATEUR SPORTS
COMMISSION 603,000 428,000
Approved Complement - 7
$20,000 of the appropriation is for
establishing and promoting programs for
ringette hockey.
$175,000 the first year is appropriated
to the amateur sports commission for a
grant to a joint recreation board made
up of three or more municipalities for
feeder hills. This appropriation is to
be matched with $50,000 from sources
other than the state general fund.
This appropriation is available until
June 30, 1991.
Notwithstanding any law to the
contrary, the Minnesota state high
school league shall develop a plan to
establish a two-class state high school
hockey championship tournament. The
high school league shall report to the
legislature on its plan no later than
August 15, 1990. Beginning in the
1990-1991 school year the high school
league shall conduct a two-class high
school hockey championship. The
requirement supersedes any inconsistent
provision of H.F. No. 654
notwithstanding the date and time of
day of final enactment.
The amateur sports commission may not
enter into any agreement obligating it
or the state to share in the operation
of any amateur sports facility. The
commission may not enter into any
agreement that would commit the
commission or the state into sharing in
the profit or loss of any amateur
sports facility. This section does not
apply to the national sports center at
Blaine.
Sec. 27. HOUSING FINANCE AGENCY
Subdivision 1. Total
Appropriation 12,583,000 12,584,000
Approved Complement - 134
Spending limit on cost of general
administration of agency programs:
1990 1991
$7,130,000 $7,560,000
This appropriation is for transfer to
the housing development fund for the
programs specified.
$225,000 the first year and $225,000
the second year are for housing
programs for the elderly under
Minnesota Statutes, section 462A.05,
subdivision 24.
$2,115,000 the first year and
$2,115,000 the second year are for home
ownership assistance under Minnesota
Statutes, section 462A.21, subdivision
8.
$1,887,000 the first year and
$1,887,000 the second year are for
tribal Indian housing programs under
Minnesota Statutes, section 462A.07,
subdivision 14, of which $125,000 the
first year and $125,000 the second year
are for a demonstration program to make
off-reservation loans in combination
with bond proceeds from the agency.
$233,000 the first year and $233,000
the second year are for urban Indian
housing programs under Minnesota
Statutes, section 462A.07, subdivision
15, to be distributed by the agency
without regard to any allocation
formula.
$4,842,000 the first year and
$4,842,000 the second year are for
housing rehabilitation and
accessibility loans under Minnesota
Statutes, section 462A.05, subdivisions
14a and 15a.
$569,000 the first year and $569,000
the second year are for temporary
housing programs under Minnesota
Statutes, sections 462A.05, subdivision
20; and 462A.21.
Notwithstanding any law to the
contrary, in the event that the housing
finance agency assumes servicing
responsibility for its home improvement
loans, energy loans, and rehabilitation
loans, the agency may apply for an
increase in its complement and
administrative cost ceiling through the
regular legislative advisory commission
process.
Subd. 2. Urban and Rural Homesteading
$187,000 the first year and $188,000
the second year are for a pilot project
for grants to establish a rural and
urban homesteading program.
Subd. 3. Governor's Housing Commission
$1,500,000 the first year and
$1,500,000 the second year are for
low-income rental housing. This
appropriation may not be used for
housing loans or rental subsidies in
neighborhoods eligible to participate
in the targeted neighborhoods
revitalization and financing program.
$750,000 the first year and $750,000
the second year are for the housing
preservation program.
$50,000 the first year and $50,000 the
second year are for capacity building
grants.
$25,000 the first year and $25,000 the
second year are for the home equity
conversion loan counseling program.
$25,000 the first year and $25,000 the
second year are for transfer to the
commissioner of jobs and training for
accessible housing information grants.
$25,000 the first year and $25,000 the
second year are for the home sharing
program.
$100,000 the first year and $100,000
the second year are for the
acquisition, rehabilitation, or
construction of transitional housing
units. The commissioner of the
Minnesota housing finance agency may
transfer up to $100,000 of this amount
to the commissioner of jobs and
training for the transitional housing
program established under Minnesota
Statutes, section 268.38.
$50,000 the first year and $50,000 the
second year is for the acquisition,
rehabilitation, or construction of
affordable housing units for migrant
laborers. To the greatest extent
possible, this amount must be combined
with nonpublic money from nonprofit
organizations, interested persons, and
private entities engaged in the
business of producing and processing
agricultural products.
Sec. 28. STATE PLANNING AGENCY 6,105,000 6,505,000
1990 1991
Approved Complement - 113 113
General - 80.5 80.5
Special Revenue - 4.5 4.5
Revolving - 22 22
Federal - 6 6
Summary by Fund
General $ 5,630,000 $ 6,030,000
Special Revenue $ 475,000 $ 475,000
$377,000 the first year and $377,000
the second year are for regional
planning grants to regional development
commissions organized under Minnesota
Statutes, sections 462.381 to 462.396.
Until June 30, 1991, for state and
federal grants distributed by state
agencies to regions of the state not
having a regional development
commission, the state agency
administering the grant program may
assess the program for administrative
costs incurred by the agency that
normally are incurred by the commission.
$22,000 the first year and $22,000 the
second year are for the Council of
Great Lakes Governors.
During the biennium any seminars or
training sessions regarding federal
issues for federal budgeting that are
conducted by the Washington office
shall be made available to legislators
and legislative staff. The Washington
office shall notify the legislature
regarding the timing of such seminars.
The commissioner shall contract with an
independent consultant to explore
future directions for Minnesota in land
management information systems. This
study shall examine interagency
cooperation, public and private venture
potential, the status of geographic
information systems planning as it
applies to Minnesota, the role that the
land management information center
should play in future development of an
overall system, and development of a
long-range strategy for Minnesota's
role in providing the appropriate
services to agencies and political
subdivisions. The study shall also
explore the activities of other states
and nations in the area of geographic
information systems. The study must be
accomplished in conjunction with the
information policy office and be
compatible with the long-range
information management architecture
being developed by the information
policy office. A final report shall be
submitted to the legislature by January
1, 1991, indicating recommendations for
future actions.
The state planning agency shall study
the effects on the state's
transportation systems, methods of
storage, public safety systems, and
state health concerns of any
incinerator to be constructed in
Minnesota that is designed to burn
hazardous wastes. The report shall
include specific recommendations and
shall be delivered to the legislature
and the affected state agencies by
January 1, 1991.
$500,000 the second year is for
one-third of the state's membership fee
in the Great Lakes Protection Fund.
The governor may enter as a signatory
party in the Great Lakes Protection
Fund. The fund is created as a
permanent endowment to advance the
principles, goals, and objectives of
the Great Lakes Toxic Substance Control
Agreement, executed by the eight Great
Lakes governors in May 1986, and to
ensure the continuous development of
needed scientific information, new
cleanup technologies, and innovative
methods of managing pollution problems
as a cooperative effort in the Great
Lakes region.
The governor may enter the state as a
signatory party in the Great Lakes
Protection Fund, subject to approval by
the legislature. After approval, the
governor shall do all things necessary
or incidental to participate in the
Great Lakes Protection Fund, as spelled
out in its bylaws and articles of
incorporation.
If congressional consent to the Great
Lakes Protection Fund carries with it
conditions that materially change the
provisions agreed to by the party
states, the state reserves the option
to terminate further participation in
the fund.
$100,000 the first year and $100,000
the second year are for demonstration
grants under the youth employment and
housing program to eligible
organizations as defined in Minnesota
Statutes, section 268.361, subdivision
4. $75,000 each year is for a grant to
an eligible organization in the city of
Bemidji.
$250,000 the first year and $250,000
the second year is for the Way to Grow
school readiness program. $125,000 the
first year and $125,000 the second year
must be used for a project located
within a city of the first class
located within the metropolitan area as
defined in Minnesota Statutes, section
473.121, subdivision 2. $125,000 the
first year and $125,000 the second year
must be used for a project located
within a city of the second class
located within the metropolitan area as
defined in Minnesota Statutes, section
473.121, subdivision 2. This is
intended to be a nonrecurring
appropriation and must not be included
in the budget base for the 1992-1993
biennium.
The state planning agency shall study
the administrative costs of local units
of government and shall report to the
legislature by January 1, 1990, on the
level and growth of administrative
costs and alternatives for controlling
future growth.
$100,000 the first year and $100,000
the second year are for the Minnesota
environmental education board. Any
appropriations for the board made by
S.F. No. 262 serve to reduce these
appropriations.
Sec. 29. MINNESOTA FUTURE
RESOURCES FUND
Subdivision 1. Total
Appropriation 9,975,000 8,615,000
Approved Complement - 36.8
The appropriations in this section are
from the Minnesota future resources
fund.
The amounts that may be spent from this
appropriation for each activity are
more specifically described in the
following subdivisions.
For all appropriations in this section,
if the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 2. Legislative Commission
on Minnesota Resources 340,000 340,000
For the biennium ending June 30, 1991,
the commission shall review the work
programs and progress reports required
under this section.
Subd. 3. Department of Natural
Resources 2,189,000 2,089,000
Approved Complement - 21
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Acquisition of Private Exploration Data
$ 75,000 $ 75,000
Approved Complement - 2
To acquire and catalog private drill
core and other materials, microfilm
appropriate data, and make all this
information permanently available for
public use.
(b) St. Louis County Tract Index
$ 40,000 $ 40,000
This appropriation is for a grant to
St. Louis county to develop a
computerized tract index system that
will make it possible to easily
determine severed mineral ownership on
tracts with potential mineral
development possibilities. This
appropriation is contingent upon a
$100,000 match from St. Louis county.
(c) Groundwater Sensitivity
$362,000 $362,000
Approved Complement - 1
To provide guidelines describing where
contamination has or is likely to reach
the groundwater supply as determined by
hydrogeologic conditions, water use,
land use, or other factors and make
these tools available for appropriate
state and local action.
(d) River Bank and Meander Management
$100,000 $100,000
This project shall address the need to
reduce losses due to river flooding by
developing comprehensive information on
river reaches prone to channel shifts
and low-cost erosion and sedimentation
control techniques.
(e) Development of Forest Soil
Interpretations
$ 25,000 $ 25,000
This appropriation is for a grant to
Beltrami county to develop a system of
forest soil interpretations and
characteristics in which the
information from county soil surveys is
put into a computerized format, thus
insuring optimum utilization of the
survey information in forested counties.
(f) Urban Forestry
$ 50,000 $ 50,000
Approved Complement - 1
To accelerate the community forestry
assistance program.
(g) Impacts of Forest Road Systems
$ 85,000 $ 85,000
To determine how present and planned
forest road networks expansion and
upgrading will impact forest uses.
(h) Statewide Public Recreation Map
$285,000 $285,000
Approved Complement - 3
To publish and provide for sale a
statewide series of recreational maps
displaying the location of various
public recreational opportunities,
including county-managed facilities.
When this project is completed, the map
project is expected to be
self-sustaining. This project is to
serve as a pilot for the development of
a comprehensive geographic information
system in the department.
(i) Camper Survey
$ 15,000 $ 15,000
For a cooperative matching program
contingent upon the office of tourism
providing $30,000 and the Minnesota
Association of Campground Owners
providing $10,000 to better understand
and market camping in Minnesota.
(j) American Youth Hostel Pilot Program
$130,000 $130,000
Approved Complement - 2
To establish as a demonstration project
an American Youth Hostel facility at an
appropriate site. Consultation with
the Minnesota historical society is
expected.
The commissioner may contract for the
operation of the pilot youth hostel
project without complying with the
competitive bidding requirements of
Minnesota Statutes, chapter 16B.
(k) Trails Planning and Management
$ 64,000 $ 64,000
Approved Complement - 1
To prepare a statewide trail plan that
coordinates the appropriate agencies,
including the department of
transportation's rail banking program,
and addresses the issue of acquisition
and development priorities, procedures,
and responsibilities for linear
corridor opportunities.
(l) Trail Right-of-Way Protection
$ 75,000 $ 75,000
To provide for innovative ways of
obtaining public opportunity to use
high priority linear corridors for
recreation, with emphasis on less than
fee interests, and for appropriate
betterments.
(m) Ridgeline Hiking Trail
$ 78,000 $ 78,000
Approved Complement - 1
This appropriation is for a grant to
the Superior Hiking Trail Association
for planning, development, and limited
use of easement acquisition of at least
a segment of the trail between
Gooseberry Falls and Two Harbors. The
use of conservation corps resources is
strongly encouraged. Up to $70,000 is
available to the department for
planning and administrative
assistance. Available federal and
private money is appropriated.
(n) North Shore Harbors Study
$100,000 $ -0-
This appropriation is for a grant to
the North Shore Management Board to
determine the best location for
protected harbors on the north shore of
Lake Superior.
(o) Duluth Area Breakwater
The appropriation for this purpose in
Laws 1987, chapter 404, section 30,
subdivision 3, item (g), remains
available until June 30, 1991.
This carryforward appropriation is
contingent upon additional funding of
$500,000 from the city of Duluth and
state and federal money necessary for
total funding of a breakwater and
public access on Lake Superior within
the city of Duluth.
In the event that the required match
from the city of Duluth is not
provided, this appropriation shall be
made available for implementation of
the north shore harbor study funded in
this section.
(p) Mississippi River Interpretive
Center Planning
$ 30,000 $ 30,000
This appropriation is for a grant to
the city of Winona to plan for an upper
Mississippi river interpretive center
as outlined in the state historic
interpretive center plan.
(q) Urban Fishing Program
$175,000 $175,000
Approved Complement - 1
To expand urban fishing opportunities
and awareness.
(r) North American Waterfowl Plan
Coordination
$100,000 $100,000
Approved Complement - 1
To coordinate the implementation of
waterfowl and wetland protection and
enhancement programs and to survey
lakes.
(s) Swan Lake Area Wildlife Project
Approved Complement - 2
The appropriation for this purpose in
Laws 1987, chapter 404, section 30,
subdivision 3, item (j), remains
available until June 30, 1991.
The appropriation may be spent for
acquisition, habitat development,
management, and evaluation. Matching
money is appropriated.
(t) County Biological Survey
$ 75,000 $ 75,000
Approved Complement - 2
To continue and expand assessment of
Minnesota's rare natural resources in a
systematic county-by-county manner.
(u) Purple Loosestrife Research
$100,000 $100,000
To initiate cooperative research with
the University of Minnesota to document
the genetic diversity and study the
biology and ecology of Minnesota purple
loosestrife populations to enhance the
use of nonchemical control methods and
evaluate the potential use of
biological control agents, thereby
providing alternatives to chemical
control methods. Matching money is
appropriated.
(v) Local Volunteer Coordination
$ 25,000 $ 25,000
This appropriation is for a grant to
Polk county central cities community
center to improve coordination between
volunteer groups and resource managers,
which can act as a model for other
agencies. Matching money is
appropriated.
(w) Accelerated Land Exchange
$100,000 $100,000
Approved Complement - 2
To complete for presentation to the
land exchange board a package for
exchange of school trust fund lands in
state parks and accelerate the exchange
of school trust fund lands in the BWCA
and other state units.
(x) Alternative Dispute Resolution
$ 60,000 $ 60,000
Approved Complement - 1
To increase the understanding and
utilization of alternative dispute
resolution techniques.
(y) LAWCON Administration
$ 40,000 $ 40,000
Approved Complement - 1
The appropriation is for administration
of the federal land and water
conservation fund.
Subd. 4. Pollution Control Agency 1,466,000 1,466,000
Approved Complement - 12.8
Two of these positions are for
contractual work with the department of
natural resources in the groundwater
sensitivity program.
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Redesign Ambient Groundwater
Monitoring Program
$ 98,000 $ 98,000
Approved Complement - 1.5
To examine the current ambient
groundwater monitoring program's
shortcomings, analyze state and local
groundwater quality information needs,
and recommend an improved design for
the statewide monitoring program.
(b) Minnesota River Basin Water
Quality Monitoring
$350,000 $350,000
Approved Complement - 2
A joint effort of federal, state, and
local government units that will assess
mainstem, major tributary, and
groundwater nonpoint source inputs to
the Minnesota river for the purpose of
targeting future water quality
management programs. Equal match of
state dollars is required, including
local units of government coordinated
through the south central planning
project, who will provide in-kind
service or local money to assist in
data gathering. Matching money is
appropriated.
(c) PCB's and Mercury in Public Waters
$250,000 $250,000
Approved Complement - 1
To identify the sources and pathways of
PCB's and mercury to the St. Louis
river and Mississippi river systems,
Sand Point, and Crane Lake to develop
processes and procedures to reduce the
sources and conditions causing mercury
accumulation in fish.
(d) Biological Manipulation of Wastewater
Treatment Ponds
$ 73,000 $ 73,000
Approved Complement - 1
To determine what factors cause daphnia
to thrive in some sewage stabilization
ponds and not in others, in order to
decrease sewage treatment costs.
(e) Municipal Solid Waste Materials
Recovery
$200,000 $200,000
Approved Complement - 1
To determine the changes municipal
solid waste undergoes when incinerated
and to measure how removing specific
waste streams from municipal solid
waste will affect the operation of
incinerators.
(f) Medical Waste Incinerator Evaluation
$125,000 $125,000
Approved Complement - 1
To evaluate air and ash pollutants from
medical waste incinerators to determine
the variety and quantity of the
pollutants and to determine what
standard pollution control strategies
are necessary and cost effective.
(g) Dioxin From Incinerator Emissions
$148,000 $148,000
Approved Complement - 1
To monitor and study the pathways
dioxin travels from a waste incinerator
into the human food chain, in order to
evaluate and improve the existing
health risk assessment model currently
used in the environmental review and
permitting process for incinerators.
(h) Household Batteries Recycling and
Disposal
$ 45,000 $ 45,000
Approved Complement - 1
To study the impacts of battery
management on the environment,
alternative management methods or other
identified research needs regarding the
disposal of household batteries.
(i) Ash as Soil Amendment
$ 50,000 $ 50,000
Approved Complement - .3
To research and promote the beneficial
use of solid waste incinerator ash in
agriculture.
(j) Health Risk Assessment Modeling
for Composting
$ 40,000 $ 40,000
To develop a health risk assessment
model for municipal waste compost and
compare risks with other waste
management methods.
(k) Contaminants in Minnesota Wildlife
$ 87,000 $ 87,000
Approved Complement - 1
To determine the amount and extent of
toxic contaminants in Minnesota
wildlife.
Subd. 5. Department of Trade
and Economic Development
Recreation Grants Program
$1,250,000 $ -0-
The appropriation is for acquisition
and development of recreation open
space projects requested by local units
of government. Priority is for
projects that receive federal grants.
This appropriation is for grants of up
to 50 percent of the total cost, or 50
percent of the local share if federal
money is used. The per project limit
for state grants is $400,000. During
the biennium, notwithstanding any other
law to the contrary, grants are not
contingent upon the matching of federal
grants. State grants are limited to
one per local unit for the biennium.
One-half of this appropriation is for
projects outside the metropolitan area.
Subd. 6. State Planning Agency 280,000 280,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Statewide Land Use Update
$225,000 $225,000
The appropriation is for a grant to the
International Coalition to do a
statewide land use update of all land
and water resources.
(b) Hydrologic Model Applications
$ 55,000 $ 55,000
The appropriation is for a grant to the
International Coalition to produce a
state-of-the-art tool for water
decision making that combines standard
watershed modeling and geographic
information systems technology.
Subd. 7. Department of Health 369,000 369,000
Approved Complement - 2
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Pesticide Breakdown Products Survey
$165,000 $165,000
Approved Complement - 1
To identify the occurrence and level of
pesticide breakdown products in
selected public and private water wells.
(b) Abandoned Well and Monitoring
Well Technologies
$100,000 $100,000
To research and apply technical methods
used in the petroleum industry to
remove obstructions from wells so that
they can be properly abandoned, and to
research and develop methods of
detecting leaking monitoring wells.
(c) Indoor Air Quality Assessment
Protocol
$ 54,000 $ 54,000
Approved Complement - 1
To develop a method for assessing and
mitigating indoor air quality problems
in homes, and to transfer this
information to the private sector for
implementation.
(d) Community Lead Abatement Project
$ 50,000 $ 50,000
The appropriation is for a grant to the
community lead abatement project to
determine the benefits of cleanup of
lead contaminated exterior and interior
dust on children's blood levels.
Subd. 8. Department of Agriculture 295,000 295,000
Approved Complement - 1
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Pesticide Use Survey
$ 45,000 $ 45,000
Approved Complement - 1
To develop an accurate map of pesticide
use, through the use of surveys, and
then compare that use with the
distribution and quality of the state's
water resources.
(b) Biological Control of Pests
$250,000 $250,000
To collect and identify potential
biological control agents, and to
develop and test biological control
agents for a variety of pests. A grant
request to supplement this
appropriation must be submitted to the
U.S. Department of Agriculture and the
results reported to the legislative
commission on Minnesota resources.
Subd. 9. Minnesota Historical
Society 347,000 347,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) State History Center Exhibit
Planning
$100,000 $100,000
To plan exhibits for the new state
history center. Matching money is
appropriated.
(b) County and Local Historical
Outreach
$ 40,000 $ 40,000
To transfer preservation principles and
options to county and local historical
societies.
(c) Historical Data Base
$ 50,000 $ 50,000
The appropriation is to organize and
automate one quarter of the
collections, which will increase public
awareness and significantly improve
management of these rare materials.
Matching money is appropriated.
(d) Heritage Trails
$ 50,000 $ 50,000
The appropriation is for a project to
interpret and preserve historic trails
for public use and tourism.
(e) Heirloom Seeds
$ 20,000 $ 20,000
To provide a gardening and "heirloom
seeds" interpretation for the Oliver H.
Kelly farm. A by-product of this
proposal will be the sale of "heirloom
seeds." It is anticipated that sale of
seeds will allow the program to be
self-supporting. Matching money is
appropriated.
(f) Preservation of Historic
Shipwrecks
$ 37,000 $ 37,000
To comply with federal law, a process
must be developed to complete an
extensive literature search of North
Shore wrecks and gather available field
data. Results will yield a plan for
further exploration and historical
designation of important wrecks.
(g) Implement Plan for Archaeological
Resources.
$ 50,000 $ 50,000
To develop a project with the Institute
for Minnesota Archaeology and with the
state archaeologist that will further
aid in the development and
identification of the state's
archaeological resources. The project
must be in accordance with Minnesota
Statutes, sections 138.31 to 138.42 and
307.08.
Subd. 10. Science Museum of
Minnesota 255,000 255,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Water Education for Minnesota
$150,000 $150,000
For a cooperative effort involving the
Science Museum of Minnesota, the
Freshwater Foundation, and the
department of education to develop a
program to better inform Minnesotans
about crucial issues of water use and
quality.
(b) North Central Minnesota Water
Quality Education
$ 75,000 $ 75,000
For a contract with the central
Minnesota water quality project to
provide water quality education and
information to 14 north central
counties.
(c) Aquatic Invertebrate Data Base
Development
$ 30,000 $ 30,000
To develop a central data base on
aquatic invertebrates that are
sensitive indicators of surface water
quality.
Subd. 11. University of Minnesota 2,469,000 2,459,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Aeromagnetic Survey
$315,000 $315,000
The appropriation is to the Minnesota
geological survey for the sixth and
final biennium of an effort to
electronically acquire and interpret
geophysical data, including ground
truth-drilling.
(b) Biogeochemical Prospecting
$ 75,000 $ 75,000
The appropriation is to the Natural
Resources Research Institute to address
the relationship between heavy metals
related to mineral deposits and
bioconcentration of heavy metals in
plants and mapping of the resulting
vegetative differences using remote
sensing techniques.
(c) Research in Taconite Refinement
$100,000 $100,000
To the Natural Resources Research
Institute to assist in the development
of new methods to produce taconite
concentrates acceptable as preferred
ore for new steel-making technologies.
This appropriation is contingent upon a
$50,000 match from the iron range
resources and rehabilitation board.
(d) Program Design for Groundwater
Research
$ 10,000 $ -0-
To develop plans and proposals to bring
increased federal funding to the
university for groundwater research,
training, and information transfer.
(e) Program Design for Lake Superior
Studies
$ 25,000 $ 25,000
This appropriation is not available
until the university has financed and
submitted to the legislative commission
on Minnesota resources a report on a
study using outside consultants that
recommends the appropriate research
directions necessary to protect Lake
Superior. This appropriation is for a
study by the University Natural
Resources Research Council to determine
the best way to organize the research
work within the university structure.
(f) Land Use Impacts on Lake Superior
$120,000 $120,000
To the Natural Resources Research
Institute to measure and model the
impacts of changing land use practices
on erosion rates, water quality, and
biological communities on the near
shore waters of Lake Superior.
Matching funds must be applied for and
the results reported to the legislative
commission on Minnesota resources.
(g) County-Level Groundwater Data
Management
$ 43,000 $ 43,000
The appropriation is to the Minnesota
geological survey to provide tools and
training to counties that want an
enhanced capability to use the
computerized county well index in local
water planning.
(h) Chemical Transport in Groundwater
$150,000 $150,000
The appropriation is for the civil and
mineral engineering department to
develop, test, and implement
interactive models to simulate
groundwater transport of chemicals.
(i) Lake Aeration Techniques and
Hydrologic Forecasting
$414,000 $414,000
The appropriation is for the St.
Anthony Falls Hydraulics Laboratory to
conduct engineering and hydraulics
research in three water resource
areas: (1) $338,000 to optimize lake
aeration techniques; (2) $440,000 to
develop forecast methods for:
groundwater, hydropower effects on
water quality, operation of wastewater
treatment ponds, and for ice-induced
flooding; and (3) $50,000 to test
several new techniques for measurement
of ice in rivers and lakes.
(j) Wetland Plant Communities
$ 45,000 $ 45,000
The appropriation is for the College of
Natural Resources for research to
identify the optimal mix of plants that
remove nutrients from wetlands. A
grant application must be submitted to
the National Science Foundation and the
Environmental Protection Agency to
supplement this appropriation and the
results reported to the legislative
commission on Minnesota resources.
(k) Water Filter for Iron Removal
$ 14,000 $ 14,000
The appropriation is to the Institute
of Technology for the development of a
cost-effective membrane system for
removing iron from water so the
processed water can be used in a
variety of industrial and domestic
situations where high iron content is
undesirable. A grant application must
be submitted to the National Science
Foundation to supplement this
appropriation and the results reported
to the legislative commission on
Minnesota resources.
(l) Simulation of Future Forestry
Economy
$ 50,000 $ 50,000
The appropriation is to the College of
Natural Resources to develop methods
and evaluate opportunities for
supporting forest land economic
development in Minnesota from a
statewide strategic viewpoint.
(m) Oak Wilt Research
$ 44,000 $ 44,000
The appropriation is to the College of
Natural Resources for research aimed at
biological control of oak wilt using a
special fungus, improvement of root
barriers to limit spread of the
disease, and an educational program on
how best to control oak wilt. If this
work results in a patent and subsequent
royalties, the university shall repay
50 percent of the royalties received,
net of patent servicing costs, until
the entire appropriation is repaid,
into the Minnesota future resources
fund.
(n) Lignin-Based Engineering Plastics
$ 54,000 $ 54,000
The appropriation is to the College of
Natural Resources for fabricating
engineering plastics based upon
industrial by-product lignins and
corresponding raw materials from wheat
straw. If this work results in a
patent and subsequent royalties, the
university shall repay 50 percent of
the royalties received, net of patent
servicing costs, until the entire
appropriation is repaid, into the
Minnesota future resources fund.
(o) High Flotation Tire Research
$ 20,000 $ 20,000
The appropriation is to the College of
Natural Resources in cooperation with
the Mille Lacs Area Community
Development Corporation for a grant to
study the impact of high flotation
tires on soil and regeneration of aspen
and evaluate the economic feasibility
of installing and using this equipment.
(p) Aquaculture Development and Education
$100,000 $100,000
The appropriation is to the College of
Natural Resources for development of
aquaculture demonstration projects and
education.
(q) Sonar Measurement of Fish Population
$ 30,000 $ 30,000
The appropriation is to the College of
Biological Sciences to develop
electronic procedures for measuring the
abundance of fish in lakes and for
preparing lake maps.
(r) Accelerated Soil Survey
$600,000 $600,000
The appropriation is to the
agricultural experiment station for the
seventh biennium of a seven-biennium
effort to provide the appropriate
detailed survey based on the adopted
federal, state, and local cost share.
It may be spent only in counties where
the survey was under way or the
agreement signed and survey scheduled
by July 1, 1988.
(s) Test Emissions from Densified-RDF
$ 75,000 $ 75,000
The appropriation is to the Natural
Resources Research Institute to study
emissions at the bench scale from
incinerated densified refuse derived
fuel and to develop baseline combustion
data.
(t) Peat for Containment of Municipal
Incinerator Ash
$ 75,000 $ 75,000
The appropriation is to the Natural
Resources Research Institute to work in
cooperation with the pollution control
agency and the department of natural
resources to design a passive
containment system for municipal
incinerator ash using peat. The
institute must apply to the Minnesota
Waste Management Association for
financial support.
(u) Evaluation of Peat in Poultry Waste
Treatment
$ 65,000 $ 65,000
The appropriation is to the Natural
Resources Research Institute to develop
environmentally sound treatment methods
utilizing peat for the disposal and
recycling of poultry wastes and to
integrate these processes into manure
management systems.
(v) Urban Gardening Program
$ 45,000 $ 45,000
The appropriation is to the Minnesota
extension service in cooperation with
the Minnesota State Horticultural
Society and the Self Reliance Center to
provide gardening information and
technical assistance in community
gardening.
Subd. 12. State University Board 215,000 215,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Groundwater Quality Assessment
Procedure
$ 45,000 $ 45,000
The appropriation is for Bemidji state
university to develop a procedure for
the assessment of regional groundwater
quality based on the usual sources of
available groundwater data in the
Mississippi headwaters region.
(b) Pilot County Groundwater Mapping
$170,000 $170,000
The appropriation is for Mankato state
university to develop a groundwater
atlas and information system for 13
counties to be used as a tool for state
and local government and provide
education on groundwater.
Subd. 13. Contingent Account 500,000 500,000
This appropriation is for acquisition
or development of state land or other
projects that are part of a natural
resources acceleration activity, when
deemed to be of an emergency or
critical nature. This appropriation is
also available for projects initiated
by the legislative commission on
Minnesota resources that are found to
be proper in order for the commission
to carry out its legislative charge.
This appropriation is not available
until the legislative commission on
Minnesota resources has made a
recommendation to the legislative
advisory commission regarding each
expenditure from the account. The
legislative advisory commission must
then hold a meeting with the governor
and provide its recommendation on each
item, which may be spent only with the
approval of the governor.
Subd. 14. Compatible Data
During the biennium ending June 30,
1991, the data collected by projects
funded under this section that has
common value for natural resource
planning must be provided and
integrated into the Minnesota land
management information system's
geographic and summary data bases
according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by the activity receiving
funding under this section. This
requirement applies to all projects
funded under this section, including
but not limited to, projects under
subdivision 3, clauses (c), (e), (g),
(h), (k), (r), and (t), subdivision 4,
clauses (a) and (b), subdivision 5,
clauses (a) and (b), subdivision 7,
clause (a), subdivision 8, clause (h),
subdivision 9, clause (c), subdivision
10, clauses (a), (g), (h), and (r),
subdivision 11, clause (b).
Subd. 15. Work Programs
It is a condition of acceptance of the
appropriations made by this section
that the agency or entity receiving the
appropriation must submit work programs
and semiannual progress reports in the
form determined by the legislative
commission on Minnesota resources.
None of the money provided in this
section may be spent unless the
commission has approved the pertinent
work program.
Subd. 16. Complement Temporary
Persons employed by a state agency and
paid by an appropriation in this
section are in the unclassified civil
service, and their continued employment
is contingent upon the availability of
money from the appropriation. When the
appropriation has been spent, their
positions must be canceled and the
approved complement of the agency
reduced accordingly. Part-time
employment of persons is authorized.
Sec. 30. LABOR AND INDUSTRY
Subdivision 1. Total
Appropriation 16,793,000 16,581,000
1990 1991
Approved Complement - 351 351
General - 69 69
Special Revenue - 40 40
Federal - 38.5 38.5
Workers' Compensation - 203.5 203.5
Summary by Fund
General $ 5,936,000 $ 5,969,000
Worker's Comp. $ 9,320,000 $ 9,075,000
Special Revenue $ 1,537,000 $ 1,537,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Employment Standards
$ 937,000 $ 937,000
Subd. 3. Workers' Compensation
Regulation and Enforcement
$ 6,491,000 $ 6,400,000
This appropriation is from the special
compensation fund.
Fee receipts collected as a result of
providing direct computer access to
public workers' compensation data on
file with the commissioner must be
deposited in the general fund.
Funding for the file administration
improvements is contingent on the
department agreeing to participate in
the information policy office's optical
disk scanning study. The file
administration improvements
appropriation is a one-time
appropriation.
Subd. 4. Workers' Compensation
Special Compensation Fund
$ 2,500,000 $ 2,500,000
Subd. 5. Code Enforcement
$ 1,511,000 $ 1,511,000
This appropriation is from the special
revenue fund.
Subd. 6. OSHA
$ 1,307,000 $ 1,310,000
Subd. 7. General Support
$ 2,336,000 $ 2,288,000
Summary by Fund
General $ 815,000 $ 845,000
Workers' Comp. $ 1,400,000 $ 1,321,000
$225,000 the first year and $225,000
the second year are for labor education
and advancement program grants.
Notwithstanding Laws 1983, chapter 301,
section 32, the commissioner of labor
and industry shall develop and
implement an application process for
organizations seeking to receive
funding from the labor education
advancement program. Criteria for
selection of grant recipients shall
include but not be limited to the
number of minority people served and
the ability of organizations to match
the state money with nonstate resources.
Subd. 8. Information Management
Services
$ 1,832,000 $ 1,757,000
Summary by Fund
General $ 377,000 $ 377,000
Workers' Comp. $ 1,429,000 $ 1,354,000
Special Revenue $ 26,000 $ 26,000
Funding is included from the special
workers' compensation fund in this
appropriation for computer system
restructuring.
Sec. 31. WORKERS' COMPENSATION
COURT OF APPEALS 1,094,000 1,058,000
Approved Complement - 22
This appropriation is from the workers'
compensation special compensation fund.
Sec. 32. MEDIATION SERVICES 1,775,000 1,780,000
Approved Complement - 25
$287,000 the first year and $287,000
the second year are for grants to area
labor-management committees. The
unencumbered balance remaining in the
first year does not cancel but is
available for the second year.
Sec. 33. PUBLIC EMPLOYMENT
RELATIONS BOARD 65,000 65,000
Approved Complement - 1
Sec. 34. MILITARY AFFAIRS
Subdivision 1. Total
Appropriation 8,461,000 9,454,000
Approved Complement - 340.8
General - 137.8
Federal - 203
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Maintenance of Training
Facilities
$ 5,559,000 $ 5,559,000
$100,000 the first year and $100,000
the second year are for six general
fund positions to support the federal
construction program.
Notwithstanding any law to the contrary
the department of military affairs may
use up to $1,450,000 of the proceeds
from the sale of the Minneapolis armory
for roof repairs, window replacements,
and boiler replacements at state
armories. If the adjutant general
determines that the sale of the
Minneapolis armory will occur during
the biennium, the adjutant general may
transfer funds from the regular armory
maintenance funding into the repairs
and replacements of roofs, windows, and
boilers at state armories.
The adjutant general shall seek to
include in the governor's capital
bonding requests for 1990 and 1991
funding for roof replacements and
window replacements at state armories.
Subd. 3. General Support
$ 1,399,000 $ 1,393,000
$75,000 the first year and $75,000 the
second year are for expenses of
military forces ordered to active duty
under Minnesota Statutes, chapter 192.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 4. Enlistment Incentives
$ 1,572,000 $ 2,571,000
$1,070,000 the first year and
$2,225,000 the second year are for the
tuition reimbursement program.
$477,000 the first year and $321,000
the second year are for the
reenlistment bonus program.
If appropriations for either year of
the biennium are insufficient, the
appropriation from the other year is
available.
The amounts appropriated for tuition
assistance and bonuses in Laws 1988,
chapter 686, article 1, section 21, do
not cancel and are available for the
purposes for which they were
appropriated. Funding for the tuition
assistance and reenlistment bonus
programs are available until expended.
If funding for either year of the
biennium is insufficient, the other
year's appropriation is available.
Subd. 5. Base Cut
$ (69,000) $ (69,000)
The base cut must be allocated among
the agency's programs by the agency
head.
Sec. 35. VETERANS AFFAIRS 3,090,000 2,590,000
1990 1991
Approved Complement - 38 38
$300,000 is appropriated for the
commissioner of veterans affairs for
the purposes of creating a Minnesota
Vietnam veterans memorial on the
capitol mall. This appropriation is
available until expended. The capitol
area architectural and planning board
shall conduct a selection process to
award the contracts for design and
construction of the memorial. The
capitol area architectural and planning
board shall also select a site for the
memorial. No contract for construction
shall be entered into by the board
until after the board has received
recommendations on the cost, design,
and placement of the memorial from the
chairs of the house appropriations and
senate finance committees.
During the biennium, in administering
veterans benefits programs the
commissioner shall ensure that veterans
participate in all federally funded
benefit programs to the maximum extent
possible before receiving assistance
under state funded programs.
$1,088,000 the first year and
$1,088,000 the second year are for
emergency financial and medical needs
of veterans. For the biennium ending
June 30, 1991, the commissioner shall
limit financial assistance to veterans
and dependents to six months, unless
recipients have been certified as
ineligible for other benefit programs.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$200,000 is appropriated for a grant to
the Vineland Center.
$30,000 the first year and $30,000 the
second year are for bronze star grave
markers.
Sec. 36. HUMAN RIGHTS 2,902,000 2,902,000
Approved Complement - 69.5
General - 68
Federal - 1.5
$140,000 the first year is a one-time
appropriation for development of an
information system, and is available
either year of the biennium.
Sec. 37. INDIAN AFFAIRS COUNCIL 313,000 313,000
Approved Complement - 6
General - 6
Federal - 0
Sec. 38. COUNCIL ON AFFAIRS
OF SPANISH-SPEAKING PEOPLE 190,000 190,000
Approved Complement - 4
Sec. 39. COUNCIL ON BLACK
MINNESOTANS 176,000 176,000
Approved Complement - 3.5
Sec. 40. COUNCIL ON ASIAN-PACIFIC
MINNESOTANS 153,000 153,000
Approved Complement - 3
Sec. 41. COUNCIL ON PEOPLE
WITH DISABILITIES 520,000 520,000
Approved Complement - 10
Notwithstanding any law to the contrary
the two incumbents transferred from the
council on technology for people with
disabilities to the Minnesota council
on disabilities shall continue in their
same positions with the same
responsibilities. The department of
employee relations shall reclassify the
positions within the disabilities
council to reflect the transfers.
$50,000 the first year and $50,000 the
second year are for general support
grants, in consultation with the state
board of the arts, to statewide
handicapped arts organizations
regardless of the size of their
operating budgets. The state arts
board is encouraged to support
handicapped arts organizations by
providing technical and grant
assistance as well as assisting them in
seeking partnership opportunities with
the private sector.
Sec. 42. SALARY SUPPLEMENT 40,722,000 88,992,000
Subdivision 1. Appropriations
Except as limited by the direct
appropriations made in this section,
the amounts necessary to pay
compensation and economic benefit
increases covered by this section are
appropriated from the various funds in
the state treasury from which salaries
are paid to the commissioner of finance
for the fiscal years ending June 30,
1990, and June 30, 1991. In the case
of salaries that are paid from one
fund, but that fund is reimbursed by
another fund, the amounts necessary to
make these reimbursements are also
appropriated.
(a) General Fund
$29,964,000 $60,836,000
(b) Game and Fish Fund
$ 1,369,000 $ 2,807,000
(c) Trunk Highway Fund
$11,520,000 $23,620,000
(d) Highway User Tax Distribution Fund
$ 301,000 $ 618,000
(e) Workers' Compensation
$ 532,000 $ 1,147,000
Subd. 2. Increases Covered
The compensation and economic benefit
increases covered by this section are
those paid to classified and
unclassified employees and officers in
the executive, judicial, and
legislative branches of state
government, and to employees of the
Minnesota Historical Society who are
paid from state appropriations, if the
increases are required by existing law
or authorized by law during the 1989
session of the legislature or by
appropriate resolutions for employees
of the legislature, or are given
interim approval by the legislative
commission on employee relations under
Minnesota Statutes, sections 3.855 and
43A.18 or 179A.22, subdivision 4.
The commissioner of finance shall
transfer to the appropriations for
agencies in the legislative and
judicial branches and for the
constitutional officers the amounts
certified as necessary for each agency
by its chief financial officer. For
the purposes of this paragraph, the
secretary of the senate is the chief
financial officer for the senate, the
chair of the legislative coordinating
commission for legislative commissions,
the chief justice of the supreme court
for agencies in the judicial branch,
and the elected constitutional officer
for each constitutional office.
Within the provisions of the managerial
plan approved under Minnesota Statutes,
section 43A.18, an agency may not
authorize aggregate increases for its
managers that exceed an average of five
percent in each year of the biennium
ending June 30, 1991. A salary
increase given in a lump sum is
included within this limit. If an
agency has fewer than three managers,
it may exceed this average by one
percent.
The metropolitan council or a
metropolitan commission or board may
not authorize aggregate performance
increases for its managers that exceed
an average of five percent in each year
of the biennium ending June 30, 1991.
A salary increase given in a lump sum
is included within this limit. If an
agency has fewer than three managers,
it may exceed this average by one
percent.
The commissioner of employee relations
shall study the compensation levels of
managers, officials, and administrators
of the state, cities, counties, towns,
school districts, metropolitan and
regional agencies, and retirement
funds, and the increases granted them
during the period from January 1, 1985,
to January 1, 1990, and shall report to
the legislature by January 1, 1991, on
how to establish appropriate
compensation levels and how to impose
appropriate controls on aggregate
compensation increases. The term
"managers, officials, and
administrators" means employees
reported in those classes as reported
by the employer to the Equal Employment
Opportunity Commission, but does not
include any employees who are
represented for the purposes of
collective bargaining by an exclusive
representative under Minnesota
Statutes, chapter 179A.
Subd. 3. Notice
During the biennium, the commissioner
of finance shall transfer the necessary
amounts to the proper accounts. The
commissioner shall adjust the
allocation to each agency for any
disparities among agencies in health
insurance costs. The commissioner
shall promptly notify the committee on
finance of the senate and the committee
on appropriations of the house of
representatives of the amount
transferred to each appropriation
account, showing the adjustments that
were made.
Sec. 43. GENERAL CONTINGENT
ACCOUNTS 1,450,000 750,000
The appropriations in this section must
be spent with the approval of the
governor after consultation with the
legislative advisory commission under
Minnesota Statutes, section 3.30.
The appropriations in this section must
be spent with the approval of the
governor after consultation with the
legislative advisory commission under
Minnesota Statutes, section 3.30.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Summary by Fund
General $ 250,000 $ 250,000
Special Revenue $ 500,000 $ -0-
Workers' Comp. $ 100,000 $ 100,000
Sec. 44. TORT CLAIMS 319,000 319,000
To be spent by the commissioner of
finance.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Summary by Fund
General $ 303,000 $ 303,000
Game and Fish $ 16,000 $ 16,000
Sec. 45. MINNESOTA STATE
RETIREMENT SYSTEM 7,943,000 8,468,000
The amounts estimated to be needed for
each program are as follows:
(a) Legislators
$ 2,258,000 $ 2,371,000
Under Minnesota Statutes, sections
3A.03, subdivision 2; 3A.04,
subdivisions 3 and 4; and 3A.11.
(b) Judges
$ 5,500,000 $ 5,900,000
Under Minnesota Statutes, sections
490.106; and 490.123, subdivision 1.
(c) Constitutional Officers
$ 168,000 $ 180,000
Under Minnesota Statutes, sections
352C.031, subdivision 5; 352C.04,
subdivision 3; and 352C.09, subdivision
2.
(d) State Employee Supplemental Benefits
$ 17,000 $ 17,000
Under Minnesota Statutes, section
352.73.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 46. PUBLIC EMPLOYEES
RETIREMENT ASSOCIATION 14,000 14,000
This appropriation is for supplemental
benefits under Minnesota Statutes,
section 353.83.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 47. MINNEAPOLIS EMPLOYEES
RETIREMENT FUND 10,415,000 10,475,000
The appropriation is to the
commissioner of finance for payment to
the Minneapolis employees retirement
fund under Minnesota Statutes, section
422A.101, subdivision 3.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
The senate and house committees on
governmental operations shall review
the appropriation for the second year
and the state's obligation under
Minnesota Statutes, section 422A.101,
subdivision 3, and provide their
recommendations to their respective
houses during the 1990 regular session.
Sec. 48. POLICE AND FIRE
AMORTIZATION AID 6,017,000 6,017,000
The appropriation is to the
commissioner of revenue for state aid
to amortize the unfunded liability of
local police and salaried firefighters'
relief associations, under Minnesota
Statutes, section 423A.02. If an
appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
The reduction in amortization aid for
police and fire relief associations
applies only to police and fire relief
association funds in cities of the
first class with over 300,000
population. The reduction should be
allocated among funds based on the
respective amounts of unfunded accrued
liability. Amortization aid shall be
distributed for all other police and
fire relief associations in the normal
manner.
Sec. 49. PRE-1973 RETIREES 5,995,000 5,707,000
This appropriation is to the
commissioner of finance for payment
under section 50. If the appropriation
for either year is insufficient, the
appropriation for the other year is
available for it.
This appropriation is void if another
law to pay a similar benefit to the
same group is enacted at the 1989
regular session.
Sec. 50. [POSTRETIREMENT ADJUSTMENT; LUMP SUM PAYMENTS.]
Subdivision 1. [COVERED RETIREMENT FUNDS.] The following
retirement funds shall pay the postretirement adjustment
provided for in this section:
(1) public employees retirement fund;
(2) public employees police and fire fund;
(3) teachers retirement fund;
(4) state patrol retirement fund;
(5) state employees retirement fund of the Minnesota state
retirement system; and
(6) Minneapolis employees retirement fund.
Subd. 2. [ENTITLEMENT.] A person receiving a retirement
annuity, disability benefit, or surviving spouse's annuity or
benefit from a retirement fund named in subdivision 1 is
entitled to receive the postretirement adjustment provided for
in this section if the annuity or benefit the person is
receiving is:
(1) an annuity or benefit from the fund named in
subdivision 1, clause (4), computed under the laws in effect
before June 1, 1973;
(2) an annuity or benefit from the funds named in
subdivision 1, clause (1), (2), (3), or (5), computed under the
laws in effect before July 1, 1973;
(3) an annuity from the fund named in subdivision 1, clause
(6), computed under the laws in effect before March 5, 1974;
(4) a "$2 bill and annuity" annuity from the fund named in
subdivision 1, clause (6); or
(5) an annuity or benefit from the fund named in
subdivision 1, clause (5), computed under the metropolitan
transit commission-transit operating division employees
retirement fund document in effect before January 1, 1978.
Subd. 3. [AMOUNT OF ADJUSTMENT.] Each retirement fund
named in subdivision 1 shall pay the postretirement adjustments
provided for in this section to each person eligible for an
annuity or benefit on November 30, 1989, or November 30, 1990,
and entitled to an adjustment under subdivision 2. An
adjustment for an individual recipient must be a lump sum
payment in an amount equal to $25 in 1989 and $25 in 1990 for
each full year of allowable service credited to the recipient by
the fund. Adjustments are payable on December 1, 1989, to
recipients eligible for an annuity or benefit on November 30,
1989, and on December 1, 1990, to recipients eligible for an
annuity or benefit on November 30, 1990. Nothing in this
section authorizes a fund to pay an adjustment to an estate.
Notwithstanding Minnesota Statutes, section 356.18, a fund shall
pay the adjustments provided for in this section without being
requested to do so unless an intended recipient files a written
notice with the fund requesting that the adjustment not be paid.
Subd. 4. [TERMINAL AUDIT.] Each retirement fund named in
subdivision 1, as soon as practical after payment of the
December 1, 1990, postretirement adjustment, shall calculate the
amount of any appropriation apportioned to it in excess of the
amount required to pay the adjustments, report its calculation
in writing to the commissioner of finance, and return any excess
amount to the general fund. The commissioner of finance shall
verify the calculation reported by each fund.
Subd. 5. [APPORTIONMENT.] The appropriation in section 49
for pre-1973 retirees is apportioned as follows:
Fiscal Year Fiscal Year
1990 1991
Public employees retirement fund $1,913,000 $1,778,000
Public employees police and fire fund 90,000 86,000
Teachers retirement fund 1,682,000 1,598,000
State patrol retirement fund 78,000 78,000
State employees retirement fund 1,315,000 1,250,000
Minneapolis employees retirement fund 917,000 917,000
If the apportionment for either year is insufficient, the
apportionment for the other is available for it.
Sec. 51. [TRANSFERS.]
Subdivision 1. [GENERAL PROCEDURE.] If the appropriation
in this act to an agency in the executive branch is specified by
program, the agency may transfer unencumbered balances among the
programs specified in that section after getting the approval of
the commissioner of finance. The commissioner shall not approve
a transfer unless the commissioner believes that it will carry
out the intent of the legislature. The transfer must be
reported immediately to the committee on finance of the senate
and the committee on appropriations of the house of
representatives. If the appropriation in this act to an agency
in the executive branch is specified by activity, the agency may
transfer unencumbered balances among the activities specified in
that section using the same procedure as for transfers among
programs.
Subd. 2. [CONSTITUTIONAL OFFICERS.] A constitutional
officer need not get the approval of the commissioner of finance
but must notify the committee on finance of the senate and the
committee on appropriations of the house of representatives
before making a transfer under subdivision 1.
Subd. 3. [TRANSFER PROHIBITED.] If an amount is specified
in this act for an item within an activity, that amount must not
be transferred or used for any other purpose.
Sec. 52. [ENVIRONMENTAL TRUST FUND CITIZENS' ADVISORY
COMMITTEE.]
The governor, speaker of the house, and the senate majority
leader shall each appoint one additional person to the
environmental trust fund citizens' advisory committee for a term
that expires on January 1, 1991. The purpose of adding three
new members to the advisory committee is to address the gender
imbalance of the existing committee.
Sec. 53. [LEGISLATIVE TASK FORCE ON MINERALS.]
Subdivision 1. [MEMBERSHIP.] The legislative task force on
minerals consists of five members of the senate, including
members of the minority caucus, appointed by the subcommittee on
committees of the committee on rules and administration, and
five members of the house of representatives, including members
of the minority caucus, appointed by the speaker. The task
force shall elect a chair or cochairs from its members.
Subd. 2. [DUTIES.] The task force must study issues
relating to the environmentally sound development of the
minerals industry including but not limited to:
(1) establishment in state government of a focused mineral
development function, the purpose of which would be the
advancement of environmentally sound mineral development in the
state;
(2) economic competitiveness of the state for mineral
development in the context of state economic policies, tax
structure, and industry financial incentives;
(3) practices and programs of state agencies related to
minerals that may act as impediments to mineral development
without effectively serving a useful state interest;
(4) effectiveness and appropriateness of the state's
involvement in mineral resource programs, such as technical
research, technology development, data collection, mapping, and
the distribution of information; and
(5) appropriate roles for the state in educational and
professional programs relating to the state's mineral resources
and related scientific and technical disciplines.
Sec. 54. [STUDY OF GROWING COSTS.]
In preparing for the 1992-1993 budget, the governor shall
provide for studies of major state expenditure programs that are
likely to grow substantially in cost in upcoming years.
Programs to be studied include, but are not limited to:
(1) state aids to local government;
(2) property tax relief;
(3) medical assistance and other health care programs;
(4) income maintenance;
(5) infrastructure improvements; and
(6) elementary and secondary education.
The following issues shall be studied in respect to the
selected programs:
(1) methods to control program costs;
(2) methods to improve program accountability, efficiency,
and value; and
(3) desirable redistributions of service delivery and
revenue raising responsibilities between units of state and
local government.
In preparing these studies, assistance shall be sought from
persons and organizations knowledgeable about the programs. It
is understood that appropriate committees of the legislature
will work with and assist in the performance of the studies.
The governor shall submit recommendations for reform in
program content and program delivery with the budget in January
1991.
Sec. 55. Minnesota Statutes 1988, section 3C.035,
subdivision 2, is amended to read:
Subd. 2. [COSTS.] Agencies shall include in their budgets
amounts to pay for bill drafting services provided by the
revisor of statutes. The revisor shall assess agencies for the
actual cost of bill drafting services rendered to them on
requests delivered to the revisor by or after November 1 and
until the annual session adjourns. The revisor shall assess
agencies for double the actual cost of bill drafting services
rendered to them on requests delivered to the revisor after
November 1. The revisor shall also assess an agency for the
actual cost or double the actual cost, as appropriate, for
drafting a request that a senator or representative submits to
the revisor's office on behalf of the agency. The revisor may
not assess a department or agency for the costs related to
drafting affecting an agency if the request for drafting
originated from within the legislature. Receipts from the
assessment must be deposited in the state treasury and credited
to the general fund.
Sec. 56. Minnesota Statutes 1988, section 8.15, is amended
to read:
8.15 [ATTORNEY GENERAL COSTS.]
The attorney general in consultation with the commissioner
of finance shall assess executive branch agencies a fee for
legal services rendered to them. The budget requests of all
executive branch agencies submitted to the legislature in each
odd-numbered year must show the actual or estimated amount
assessed, paid, and requested for each year. The assessment
against appropriations from other than the general fund must be
the full amount of the fee. The assessment against
appropriations supported by fees must be included in the fee
calculation. Unless appropriations are made for fee supported
costs, no payment by the agency is required. The assessment
against appropriations from the general fund not supported by
fees must be one-half of the fee. Receipts from assessments
must be deposited in the state treasury and credited to the
general fund.
The attorney general in consultation with the commissioner
of finance shall assess political subdivisions fees to cover
half the cost of legal services rendered to them.
Sec. 57. Minnesota Statutes 1988, section 15.50,
subdivision 2, is amended to read:
Subd. 2. (a) The board shall prepare, prescribe, and from
time to time amend a comprehensive use plan for the capitol
area, herein called the area which shall initially consist of
that portion of the city of Saint Paul comprehended within the
following boundaries: Beginning at the point of intersection of
the centerline of the Arch-Pennsylvania freeway and the
centerline of Marion Street, thence southerly along the
centerline of Marion Street extended to the south line of the
right-of-way of Interstate Highway 94, a point 50 feet south of
the south line of Concordia Avenue, thence easterly
southeasterly along a line extending 50 feet from the south line
to the centerline of Concordia Avenue to a point 125 feet from
the west line of John Ireland Boulevard, thence southwesterly
along a line extending 125 feet from the centerline west line of
John Ireland Boulevard to the south line of Dayton Avenue,
thence northeasterly from the south line of Dayton Avenue to the
west line of John Ireland Boulevard, thence northeasterly to the
centerline of the junction of Dayton Avenue, Kellogg
Boulevard, the intersection of Old Kellogg Boulevard and Summit
Avenue, thence easterly along the centerline of Summit Avenue to
the centerline of Sixth Street, thence southeasterly along the
centerline of Sixth Street to the centerline of College Avenue,
thence northeasterly along the centerline of College Avenue
extended to the centerline of Rice Street, thence northwesterly
along the centerline of Rice Street to the centerline of Summit
Avenue, thence northerly along a line extended to the north line
of the right-of-way of Interstate Highway 94, thence easterly
along the north line to thence northeasterly along the
centerline of Summit Avenue to the south line of the
right-of-way of the Fifth Street ramp, thence southeasterly
along the right-of-way of the Fifth Street ramp to the east line
of the right-of-way of Interstate Highway 35-E, thence
northeasterly along the east line of the right-of-way of
Interstate Highway 35-E to the south line of the right-of-way of
Interstate Highway 94, thence easterly along the south line of
the right-of-way of Interstate Highway 94 to the west line of
St. Peter Street, thence southerly to the south line of Eleventh
Street, thence easterly along the south line of Eleventh Street
to the centerline west line of Cedar Street, thence
southeasterly along the centerline west line of Cedar Street to
the centerline of Tenth Street, thence northeasterly along the
centerline of Tenth Street to the centerline of Minnesota
Street, thence northwesterly along the centerline of Minnesota
Street to the centerline of Eleventh Street, thence
northeasterly along the centerline of Eleventh Street to the
centerline of Jackson Street, thence northwesterly along the
centerline of Jackson Street to the centerline of the
Arch-Pennsylvania freeway extended, thence westerly along the
centerline of the Arch-Pennsylvania freeway extended and Marion
Street to the point of origin. Pursuant to the comprehensive
plan, or any portion thereof, the board may regulate, by means
of zoning rules adopted pursuant to the administrative procedure
act, the kind, character, height, and location, of buildings and
other structures constructed or used, the size of yards and open
spaces, the percentage of lots that may be occupied, and the
uses of land, buildings and other structures, within the area.
To protect and enhance the dignity, beauty and architectural
integrity of the capitol area, the board is further empowered to
include in its zoning rules design review procedures and
standards with respect to any proposed construction activities
in the capitol area significantly affecting the dignity, beauty
and architectural integrity of the area. No person shall
undertake these construction activities as defined in the
board's rules in the capitol area without first submitting
construction plans to the board, obtained a zoning permit from
the board and received a written certification from the board
specifying that the person has complied with all design review
procedures and standards. Violation of the zoning rules is a
misdemeanor. The board may, at its option, proceed to abate any
violation by injunction. The board and the city of St. Paul
shall cooperate in assuring that the area adjacent to the
capitol area is developed in a manner that is in keeping with
the purpose of the board and the provisions of the comprehensive
plan.
(b) The commissioner of administration shall act as a
consultant to the board with regard to the physical structural
needs of the state. The commissioner shall make studies and
report the results to the board when they request reports for
their planning purpose.
(c) No public building, street, parking lot, or monument,
or other construction shall be built or altered on any public
lands within the area unless the plans for the same conforms to
the comprehensive use plan as specified in clause (d) and to the
requirement for competitive plans as specified in clause (e).
No alteration substantially changing the external appearance of
any existing public building approved in the comprehensive plan
or the exterior or interior design of any proposed new public
building the plans for which were secured by competition under
clause (e), may be made without the prior consent of the board.
The commissioner of administration shall consult with the board
regarding internal changes having the effect of substantially
altering the architecture of the interior of any proposed
building.
(d) The comprehensive plan shall show the existing land
uses and recommend future uses including: areas for public
taking and use; zoning for private land and criteria for
development of public land, including building areas and open
spaces; vehicular and pedestrian circulation; utilities systems;
vehicular storage; elements of landscape architecture. No
substantial alteration or improvement shall be made to public
lands or buildings in the area save with the written approval of
the board.
(e) The board shall secure by competitions, plans for any
new public building. Plans for any comprehensive plan,
landscaping scheme, street plan, or property acquisition, which
may be proposed, or for any proposed alteration of any existing
public building, landscaping scheme or street plan may be
secured by a similar competition. Such competition shall be
conducted under rules prescribed by the board and may be of any
type which meets the competition standards of the American
Institute of Architects. Designs selected shall become the
property of the state of Minnesota and the board may award one
or more premiums in each such competition and may pay such costs
and fees as may be required for the conduct thereof. At the
option of the board, plans for projects estimated to cost less
than $1,000,000 may be approved without competition provided
such plans have been considered by the advisory committee
described in clause (f). Plans for projects estimated to cost
less than $400,000 and for construction of streets need not be
considered by the advisory committee if in conformity with the
comprehensive plan.
(f) The board shall not adopt any plan under clause (e)
unless it first receives the comments and criticism of an
advisory committee of three persons, each of whom is either an
architect or a planner, who have been selected and appointed as
follows: one by the board of the arts, one by the board, and
one by the Minnesota Society of the American Institute of
Architects. Members of the committee shall not be contestants
under clause (e). The comments and criticism shall be a matter
of public information. The committee shall advise the board on
all architectural and planning matters. For that purpose:
(1) the committee shall be kept currently informed
concerning, and have access to, all data, including all plans,
studies, reports and proposals, relating to the area as the same
are developed or in the process of preparation whether by the
commissioner of administration, the commissioner of trade and
economic development, the metropolitan council, the city of
Saint Paul, or by any architect, planner, agency or
organization, public or private, retained by the board or not
retained and engaged in any work or planning relating to the
area. A copy of any such data prepared by any public employee
or agency shall be filed with the board promptly upon
completion;
(2) the board may employ such stenographic or technical
help as may be reasonable to assist the committee to perform its
duties;
(3) when so directed by the board, the committee may serve
as, and any member or members thereof may serve on, the jury or
as professional advisor for any architectural competition. The
board shall select the architectural advisor and jurors for any
competition with the advice of the committee; and
(4) the city of St. Paul shall advise the board.
(g) The comprehensive plan for the area shall be developed
and maintained in close cooperation with the commissioner of
trade and economic development and the planning department and
the council for the city of Saint Paul and the board of the
arts, and no such plan or amendment thereof shall be effective
without 90 days' notice to the planning department of the city
of Saint Paul and the board of the arts.
(h) The board and the commissioner of administration
jointly, shall prepare, prescribe, and from time to time revise
standards and policies governing the repair, alteration,
furnishing, appearance and cleanliness of the public and
ceremonial areas of the state capitol building. Pursuant to
this power, the board shall consult with and receive advice from
the director of the Minnesota state historical society regarding
the historic fidelity of plans for the capitol building. The
standards and policies developed as herein provided shall be
binding upon the commissioner of administration. The provisions
of sections 14.02, 14.04 to 14.36, 14.38, and 14.44 to 14.45
shall not apply to this clause.
(i) The board in consultation with the commissioner of
administration shall prepare and submit to the legislature and
the governor no later than October 1 of each even-numbered year
a report on the status of implementation of the comprehensive
plan together with a program for capital improvements and site
development, and the commissioner of administration shall
provide the necessary cost estimates for the program.
(j) The state shall, by the attorney general upon the
recommendation of the board and within appropriations available
for that purpose, acquire by gift, purchase or eminent domain
proceedings any real property situated in the area described in
this section and it shall also have the power to acquire an
interest less than a fee simple interest in the property, if it
finds that it is needed for future expansion or beautification
of the area.
(k) The board is the successor of the state veterans'
service building commission, and as such may adopt rules and may
reenact the rules adopted by its predecessor under Laws 1945,
chapter 315, and acts amendatory thereof.
(l) The board shall meet at the call of the chair and at
such other times as it may prescribe.
(m) The commissioner of administration shall assign
quarters in the state veterans service building to (1) the
department of veterans affairs of which such part as the
commissioner of administration and commissioner of veterans
affairs may mutually determine shall be on the first floor above
the ground and (2) the American Legion, Veterans of Foreign
Wars, Disabled American Veterans, Military Order of the Purple
Heart, United Spanish War Veterans, and Veterans of World War I,
and their auxiliaries, incorporated, or when incorporated, under
the laws of the state, and (3) as space becomes available to
such other state departments and agencies as the commissioner
may deem desirable.
Sec. 58. Minnesota Statutes 1988, section 15A.081,
subdivision 1, is amended to read:
Subdivision 1. [SALARY RANGES.] The governor shall set the
salary rate within the ranges listed below for positions
specified in this subdivision, upon approval of the legislative
commission on employee relations and the legislature as provided
by section 43A.18, subdivisions 2 and 5:
Salary Range
Effective
July 1, 1987
$57,500-$78,500
Commissioner of finance;
Commissioner of education;
Commissioner of transportation;
Commissioner of human services;
Commissioner of revenue;
Executive director, state board of
investment;
$50,000-$67,500
Commissioner of administration;
Commissioner of agriculture;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of jobs and training;
Commissioner of employee relations;
Commissioner of health;
Commissioner of labor and industry;
Commissioner of natural resources;
Commissioner of public safety;
Commissioner of trade and economic development;
Chair, waste management board;
Chief administrative law judge; office of
administrative hearings;
Commissioner, pollution control agency;
Commissioner, state planning agency;
Director, office of waste management;
Executive director, housing finance
agency;
Executive director, public employees
retirement association;
Executive director, teacher's
retirement association;
Executive director, state retirement
system;
Chair, metropolitan council;
Chair, regional transit board;
$42,500-$60,000
Commissioner of human rights;
Commissioner, department of public service;
Commissioner of veterans' affairs;
Commissioner, bureau of mediation services;
Commissioner, public utilities commission;
Member, transportation regulation board;
Ombudsman for corrections;
Ombudsman for mental health and retardation.
Sec. 59. Minnesota Statutes 1988, section 16A.10,
subdivision 1, is amended to read:
Subdivision 1. [BY MAY 1 AND SEPTEMBER 1.] Each
even-numbered calendar year the commissioner shall prepare the
budget for all agencies, subject to the approval of the
governor. The commissioner shall consult with the chairs of the
senate finance committee and house of representatives
appropriations committee, as well as their respective division
chairs, before adopting a format for the biennial budget
document. By May 1, the commissioner shall send the proposed
budget forms to the appropriations and finance committees and
receive. The committees have until June 1 to give the
commissioner their advisory recommendations on possible
improvements. By September 1, the commissioner shall send each
agency enough forms to make its budget estimates. The forms
must show actual expenditures and receipts for the two most
recent fiscal years, estimated expenditures and receipts for the
current fiscal year, and estimates for each fiscal year of the
next biennium, and an estimated appropriation balance at the end
of the current fiscal year. Estimated expenditures must be
classified by funds and character of expenditures and may be
subclassified by programs and activities. Agency revenue
estimates must show how the estimates were made and what factors
were used. Receipts must be classified by funds, programs, and
activities. Expenditure and revenue estimates must be based on
the law in existence at the time the estimates are prepared.
Sec. 60. Minnesota Statutes 1988, section 16A.123, is
amended by adding a subdivision to read:
Subd. 5. [DEPARTMENT OF NATURAL RESOURCES COMPLEMENT.] (a)
Beginning with the biennium ending June 30, 1991, the
legislature shall establish complements for the department of
natural resources based on the number of full-time equivalent
positions and dollars appropriated for salary-related
expenditures.
The commissioner of natural resources shall provide a
biennial report indicating the distribution of the full-time
equivalents for the previous biennium as a supplement to the
agency's biennial budget request for succeeding bienniums. The
biennial budget document submitted to the legislature by the
governor beginning with the 1992-1993 biennium shall indicate,
by activity, the number of full-time equivalent positions
included as base level and recommended changes. The governor's
salary requests for the agency shall include all full-time,
part-time, and seasonal dollars requested. Any change level
request submitted to the legislature for consideration by the
governor as part of the governor's biennial budget containing
funding for salaries shall indicate the number of additional
full-time equivalent positions and salary dollars requested.
Within the full-time equivalent number and amount of salary
dollars appropriated for the department, the commissioner shall
have the authority to establish as many full-time, part-time, or
seasonal positions as required to accomplish the assigned
responsibilities for the department. The commissioner shall
have the authority to reallocate salary dollars for other
operating expenses, but the commissioner shall not have
authority to reallocate other operating funds to increase the
total amount appropriated for salary-related expenses, including
salary supplement, without receiving prior approval according to
the process defined in this subdivision.
In the event that the commissioner finds it necessary to
exceed the full-time equivalent number or the amount of
appropriated dollars and the legislature is not in session, the
commissioner shall seek approval of the legislative advisory
commission under subdivision 4. Legislative advisory commission
approved full-time equivalent positions and dollars shall not
become a part of the agency budget base unless authorized by the
legislature.
(b) This subdivision does not apply to emergency
firefighting crews. Subdivisions 1, 2, and 3 do not apply to
the department of natural resources.
Sec. 61. Minnesota Statutes 1988, section 16A.133,
subdivision 1, is amended to read:
Subdivision 1. [CREDIT UNION; ORGANIZATION; COMPANY
PAYROLL DIRECT DEPOSIT AND DEDUCTIONS.] An agency head may, with
in the executive, judicial, and legislative branch may, upon the
written request of signed by an employee, directly deposit all
or part of an employee's pay in any credit union or financial
institution, as defined in section 47.015, designated by the
employee. An agency head may, upon written request of an
employee, deduct from the pay of the employee a requested amount
to be paid to any state employees' credit union, or the
Minnesota benefit association, or to any organization
contemplated by section 179A.06, of which the employee is a
member, or to a company that has contracted to insure the
employee for the medical costs of cancer or intensive care. If
an employee is a member of or has accounts with more than one
such credit union or financial institution or more than one such
organization under section 179A.06, or is insured by more than
one company, only one credit union or financial institution and
one organization and one company may be paid money by direct
deposit or by payroll deduction from the employee's pay. No
deduction may be made from the salary of an employee for payment
to a credit union or organization or company unless 100
employees request deductions for payment to the credit union or
organization or company. The 100 employee minimum does not
apply to credit unions and organizations which received
authorized payroll deduction payments on June 5, 1971.
Sec. 62. Minnesota Statutes 1988, section 16B.24,
subdivision 6, is amended to read:
Subd. 6. [PROPERTY RENTAL.] (a) [LEASES.] The
commissioner shall rent land and other premises when necessary
for state purposes. The commissioner may lease land or premises
for five years or less, subject to cancellation upon 30 days
written notice by the state for any reason except rental of
other land or premises for the same use. The commissioner may
not rent non-state-owned land and buildings or substantial
portions of land or buildings within the capitol area as defined
in section 15.50 unless the commissioner first consults with the
capitol area architectural and planning board. If the
commissioner enters into a lease-purchase agreement for
buildings or substantial portions of buildings within the
capitol area, the commissioner shall require that any new
construction of non-state-owned buildings conform to design
guidelines of the capitol area architectural and planning
board. Lands needed by the department of transportation for
storage of vehicles or road materials may be rented for five
years or less, such leases for terms over two years being
subject to cancellation upon 30 days written notice by the state
for any reason except rental of other land or premises for the
same use.
(b) [USE VACANT PUBLIC SPACE.] No agency may initiate or
renew a lease for space for its own use in a private building
unless the commissioner has thoroughly investigated presently
vacant space in public buildings, such as closed school
buildings, and found that none is available.
(c) [PREFERENCE FOR CERTAIN BUILDINGS.] For needs beyond
those which can be accommodated in state-owned buildings, the
commissioner shall acquire and utilize space in suitable
buildings of historical, architectural, or cultural significance
for the purposes of this subdivision unless use of that space is
not feasible, prudent and cost effective compared with available
alternatives. Buildings are of historical, architectural, or
cultural significance if they are listed on the national
register of historic places, designated by a state or county
historical society, or designated by a municipal preservation
commission.
(d) [RECYCLING SPACE.] Leases for space of 30 days or more
for 5,000 square feet or more must require that space be
provided for recyclable materials.
Sec. 63. Minnesota Statutes 1988, section 16B.41,
subdivision 2, is amended to read:
Subd. 2. [RESPONSIBILITIES.] The office has the following
duties:
(a) The office must develop and establish a state
information architecture to ensure that further state agency
development and purchase of information systems equipment and
software is directed in such a manner that individual agency
information systems complement and do not needlessly duplicate
or needlessly conflict with the systems of other agencies. In
those instances where state agencies have need for the same or
similar computer data, the commissioner shall ensure that the
most efficient and cost-effective method of producing and
storing data for or sharing data between those agencies is
used. The development of this information architecture must
include the establishment of standards and guidelines to be
followed by state agencies. The commissioner of administration
must establish interim standards and guidelines by August 1,
1987. The office must establish permanent standards and
guidelines by July 1, 1988. On January 1, 1988, and every six
months thereafter, any state agency that has purchased
information systems equipment or software in the past six
months, or that is contemplating purchasing this equipment or
software in the next six months, must report to the office and
to the chairs of the house appropriations committee and the
senate finance committee on how the purchases or proposed
purchases comply with the applicable standards and guidelines.
(b) The office shall assist state agencies in the planning
and management of information systems so that an individual
information system reflects and supports the state agency's and
the state's mission, requirements, and functions.
(c) Beginning July 1, 1988, the office must review and
approve all agency requests for legislative appropriations for
the development or purchase of information systems equipment or
software. Requests may not be included in the governor's budget
submitted to the legislature, beginning with the budget
submitted in January 1989, unless the office has approved the
request.
(d) Each biennium the office must rank in order of priority
agency requests for new appropriations for development or
purchase of information systems equipment or software. The
office must submit this ranking to the legislature at the same
time, or no later than 14 days after, the governor submits the
budget message to the legislature.
(e) Beginning July 1, 1989, the office must define, review,
and approve major purchases of information systems equipment to
(1) ensure that the equipment follows the standards and
guidelines of the state information architecture; (2) ensure
that the equipment is consistent with the information management
principles adopted by the information policy council; (3)
evaluate whether or not the agency's proposed purchase reflects
a cost-effective policy regarding volume purchasing; and (4)
ensure the equipment is consistent with other systems in other
state agencies so that data can be shared among agencies, unless
the office determines that the agency purchasing the equipment
has special needs justifying the inconsistency. The
commissioner of finance may not allot funds appropriated for
major purchases of information systems equipment until the
office reviews and approves the proposed purchase.
(f) The office shall review the operation of information
systems by state agencies and provide advice and assistance so
that these systems are operated efficiently and continually meet
the standards and guidelines established by the office.
Sec. 64. [16B.465] [STATEWIDE TELECOMMUNICATIONS ACCESS
ROUTING SYSTEM.]
Subdivision 1. [CREATION.] The statewide
telecommunications access routing system provides voice, data,
video, and other telecommunications transmission services to
state agencies, educational institutions, public corporations,
and state political subdivisions. It is not a telephone company
for purposes of chapter 237. It shall not resell or sublease
any services or facilities to nonpublic entities. The
commissioner has the responsibility for planning, development,
and operations of a statewide telecommunications access routing
system in order to provide cost-effective telecommunications
transmission services to system users.
Subd. 2. [ADVISORY COUNCIL.] The statewide
telecommunications access routing system is managed by the
commissioner. Subject to section 15.059, subdivisions 1 to 4,
the commissioner shall appoint an advisory council to provide
assistance in implementing a statewide telecommunications access
routing system. The council consists of:
(1) one member appointed by the higher education advisory
council established by section 136A.02, subdivision 6;
(2) the system heads, or their designees, of the University
of Minnesota, the state university system, the community
colleges system, and the board of vocational technical
education; and
(3) five members appointed by the governor or the
governor's designee or designees, four of whom must be agency
heads or their designees or representatives of political
subdivisions.
No member of the advisory council may be a vendor of
telecommunications equipment or services or an employee or
representative of a vendor.
Subd. 3. [DUTIES.] The commissioner, after consultation
with the council, shall:
(1) provide voice, data, video, and other
telecommunications transmission services to the state and to
political subdivisions through the statewide telecommunications
access routing system revolving fund;
(2) appoint a chief executive officer of the system to
serve in the unclassified service;
(3) manage vendor relationships, network function, and
capacity planning in order to be responsive to the needs of the
system users;
(4) set rates and fees for services;
(5) approve contracts relating to the system;
(6) develop the system plan, including plans for the
phasing of its implementation and maintenance of the initial
system, and the annual program and fiscal plans for the system;
and
(7) develop a plan for interconnection of the network with
private colleges in the state.
Subd. 4. [PROGRAM PARTICIPATION.] The commissioner may
require the participation of state agencies and the governing
boards of the state universities, the community colleges, and
the technical institutes, and may request the participation of
the board of regents of the University of Minnesota, in the
planning and implementation of the network to provide
interconnective technologies. The commissioner shall establish
reimbursement rates in cooperation with the commissioner of
finance to be billed to participating agencies and educational
institutions sufficient to cover the operating, maintenance, and
administrative costs of the system.
Subd. 5. [RULES.] The commissioner shall adopt rules for
the operation of this program. The rules must require
participation of state agencies in the network to provide
interconnective technologies. The rules may require the
participation of the governing boards of the state universities,
the community colleges, and the technical institutes, and may
request the participation of the board of regents of the
University of Minnesota, in the planning of the program. The
commissioner shall establish reimbursement rates in cooperation
with the commissioner of the department of finance to be billed
to participating agencies and educational institutions
sufficient to cover the operating, maintenance, and
administrative costs of the system.
Subd. 6. [REVOLVING ACCOUNT.] The statewide
telecommunications access routing system revolving account is a
separate account for the department of administration in the
state treasury for the receipt of and payment of funds for the
statewide telecommunications access routing system established
in subdivision 1. Money appropriated to the account and fees
for communications services provided by the statewide
telecommunications access routing system must be deposited in
the account. Money in the account is appropriated annually to
the commissioner to operate the statewide telecommunications
access routing system.
Subd. 7. [EXEMPTION.] The system is exempt from the
five-year limitation on contracts set by section 16B.07,
subdivision 2.
Sec. 65. Minnesota Statutes 1988, section 16B.61,
subdivision 5, is amended to read:
Subd. 5. [ACCESSIBILITY.] (a) [PUBLIC BUILDINGS.] The code
must provide for making public buildings constructed or
remodeled after July 1, 1963, accessible to and usable by
physically handicapped persons, although this does not require
the remodeling of public buildings solely to provide
accessibility and usability to the physically handicapped when
remodeling would not otherwise be undertaken.
(b) [LEASED SPACE.] No agency of the state may lease space
for agency operations in a non-state-owned building unless the
building satisfies the requirements of the state building code
for accessibility by the physically handicapped, or is eligible
to display the state symbol of accessibility. This limitation
applies to leases of 30 days or more for space of at least 1,000
square feet.
(c) [MEETINGS OR CONFERENCES.] Meetings or conferences for
the public or for state employees which are sponsored in whole
or in part by a state agency must be held in buildings that meet
the state building code requirements relating to accessibility
for physically handicapped persons. This subdivision does not
apply to any classes, seminars, or training programs offered by
a state university, the University of Minnesota, or a state
community college. Meetings or conferences intended for
specific individuals none of whom need the accessibility
features for handicapped persons specified in the state building
code need not comply with this subdivision unless a handicapped
person gives reasonable advance notice of an intent to attend
the meeting or conference. When sign language interpreters will
be provided, meetings or conference sites must be chosen which
allow hearing impaired participants to see their signing clearly.
(d) [EXEMPTIONS.] The commissioner may grant an exemption
from the requirements of paragraphs (b) and (c) in advance if an
agency has demonstrated that reasonable efforts were made to
secure facilities which complied with those requirements and if
the selected facilities are the best available for access for
handicapped persons. Exemptions shall be granted using criteria
developed by the commissioner in consultation with the council
on disability.
(e) [SYMBOL INDICATING ACCESS.] The wheelchair symbol
adopted by Rehabilitation International's Eleventh World
Congress is the state symbol indicating buildings, facilities,
and grounds which are accessible to and usable by handicapped
persons. In the interests of uniformity, this symbol in its
white on blue format is the sole symbol for display in or on all
public or private buildings, facilities, and grounds which
qualify for its use. The secretary of state shall obtain the
symbol and keep it on file. No building, facility, or grounds
may display the symbol unless it is in compliance with the rules
adopted by the commissioner under subdivision 1. Before any
rules are proposed for adoption under this paragraph, the
commissioner shall consult with the council on disability.
Rules adopted under this paragraph must be enforced in the same
way as other accessibility rules of the state building code.
(f) [MUNICIPAL ENFORCEMENT.] Municipalities which have not
adopted the state building code may enforce the building code
requirements for handicapped persons by either entering into a
joint powers agreement for enforcement with another municipality
which has adopted the state building code; or contracting for
enforcement with an individual certified under section 16B.65,
subdivision 3, to enforce the state building code.
(g) [EQUIPMENT ALLOWED.] The code must allow the use of
vertical wheelchair lifts and inclined stairway wheelchair lifts
in public buildings. An inclined stairway wheelchair lift must
be equipped with light or sound signaling device for use during
operation of the lift. The stairway or ramp shall be marked in
a bright color that clearly indicates the outside edge of the
lift when in operation. The code shall not require a guardrail
between the lift and the stairway or ramp. Compliance with this
provision by itself does not mean other handicap accessibility
requirements have been met.
Sec. 66. Minnesota Statutes 1988, section 84.025, is
amended by adding a subdivision to read:
Subd. 9. [PROFESSIONAL SERVICES SUPPORT ACCOUNT.] The
commissioner of natural resources may bill the various programs
carried out by the commissioner for the costs of providing them
with professional support services. Receipts must be credited
to a special account in the state treasury and are appropriated
to the commissioner to pay the costs for which the billings were
made.
The commissioner of natural resources shall submit to the
commissioner of finance before the start of each fiscal year a
work plan showing the estimated work to be done during the
coming year, the estimated cost of doing the work, and the
positions and fees that will be necessary. This account is
exempted from statewide and agency indirect cost payments.
Sec. 67. Minnesota Statutes 1988, section 84.0272, is
amended to read:
84.0272 [PROCEDURE IN ACQUIRING LANDS.]
When the commissioner of natural resources is authorized to
acquire lands or interests in lands the procedure set forth in
this section shall apply. The commissioner of natural resources
shall first prepare a fact sheet showing the lands to be
acquired, the legal authority for their acquisition, and the
qualities of the land that make it a desirable acquisition. The
commissioner of natural resources shall cause the lands to be
appraised. An appraiser shall before entering upon the duties
of office take and subscribe an oath to faithfully and
impartially discharge the duties as appraiser according to the
best of the appraiser's ability and that the appraiser is not
interested directly or indirectly in any of the lands to be
appraised or the timber or improvements thereon or in the sale
thereof and has entered into no agreement or combination to
purchase the same or any part thereof, which oath shall be
attached to the report of the appraisal. The commissioner of
natural resources may pay less than the appraised value, but
shall not agree to pay more than ten percent above the appraised
value, except that if the commissioner pays less than the
appraised value for a parcel of land, the difference between the
purchase price and the appraised value may be used to apply to
purchases at more than the appraised value. The sum of
accumulated differences between appraised amounts and purchases
for more than the appraised amount may not exceed the sum of
accumulated differences between appraised amounts and purchases
for less than the appraised amount. New appraisals may be made
at the discretion of the commissioner of natural resources.
Sec. 68. Minnesota Statutes 1988, section 84.0274, is
amended by adding a subdivision to read:
Subd. 8. [EXCEPTION FOR RAILROAD RIGHT-OF-WAY
ACQUISITIONS.] When the commissioner of natural resources
acquires abandoned railroad right-of-way from a railroad,
railroad holding company, or similar entity, any or all of the
provisions of this section may be waived by mutual agreement of
the commissioner and the landowner.
Sec. 69. [84.0921] [EURASIAN WATER MILFOIL EDUCATION AND
MANAGEMENT.]
Subdivision 1. [DEFINITION.] For the purpose of this
section, "Eurasian water milfoil" means myriophyllum spicatum.
Subd. 2. [INVENTORY.] The commissioner of natural
resources shall inventory and monitor the growth of Eurasian
water milfoil on lakes in the state. The commissioner may use
volunteers to aid in the inventory effort.
Subd. 3. [EDUCATION.] The commissioner shall publish and
distribute informational materials to lakeshore owners and
boaters on the control problems of Eurasian water milfoil.
Subd. 4. [MANAGEMENT.] The commissioner shall coordinate a
control program to manage the growth of Eurasian water milfoil
with appropriate local units of government, special purpose
districts, and lakeshore associations. Technical assistance may
be provided by the commissioner upon request.
Subd. 5. [RESEARCH.] The commissioner shall initiate
cooperative research with the Freshwater Foundation and the
University of Minnesota freshwater biological institute to study
the use of nonchemical methods, including biological control
agents, for control of Eurasian water milfoil.
Sec. 70. [84.98] [MINNESOTA CONSERVATION CORPS.]
Subdivision 1. [ESTABLISHMENT.] The Minnesota conservation
corps is established and is under the supervision of the
commissioner of natural resources.
Subd. 2. [PLAN.] (a) The commissioner of natural resources
shall develop a plan for the Minnesota conservation corps to
provide:
(1) equal opportunities of employment for youths with
preference given to youths who are economically, socially,
physically, or educationally disadvantaged and youths residing
in areas of substantial unemployment;
(2) equal opportunity for female and male youths;
(3) summer youth programs and year-round young adult
programs;
(4) ways in which exclusive bargaining representatives are
to be involved in regard to the planning and implementation of
positions and job duties of persons employed in projects;
(5) methods for coordinating the programs of the Minnesota
conservation corps with other publicly authorized or subsidized
programs in cooperation with the commissioners of education and
jobs and training, the governor's job training council, and
other state and local youth service and education entities;
(6) programs for participants to be assisted in gaining
employment or training upon completing the projects, including,
where feasible, in cooperation with the department of jobs and
training and educational agencies, arranging for career
assessment and planning services designed to enhance participant
transition from the Minnesota conservation corps to future
employment or education;
(7) a remedial education component utilizing, as resources
permit and where feasible, the services of the department of
jobs and training and educational agencies including instruction
in life skills and basic remedial skills for participants who
are deficient in the skills or who have not completed high
school;
(8) the manner of allocating the services of Minnesota
conservation corps members to the various divisions of the
department of natural resources, to other state, local, and
federal governmental conservation and natural resource managers,
and to federally recognized Indian tribes or bands;
(9) standards of conduct and other operating guidelines for
Minnesota conservation corps members; and
(10) a determination of preference for projects that will
provide long-term benefits to the public, will provide
productive work and public service experience to Minnesota
conservation corps members, will be primarily labor intensive,
and will provide a significant return on taxpayer investment.
(b) The commissioner shall establish the plan
notwithstanding chapter 14. No later than July 1, 1990, the
plan established under this paragraph shall be adopted under the
rulemaking provisions of chapter 14.
Subd. 3. [CRITERIA FOR DETERMINING ECONOMIC, SOCIAL,
PHYSICAL, OR EDUCATIONAL DISADVANTAGE.] (a) The criteria for
determining economic, social, physical, or educational
disadvantage shall be determined as provided in this subdivision.
(b) Economically disadvantaged are persons who meet the
criteria for disadvantaged established by the department of jobs
and training or persons receiving services provided by the
department of human services such as welfare payments, food
stamps, and aid to families with dependent children.
(c) Socially disadvantaged are persons who have been
classified as persons in need of supervision by the court system.
(d) Physically disadvantaged are persons who have been
identified as having special needs by public agencies that deal
with employment for the disabled.
(e) Educationally disadvantaged are persons who have
dropped out of school or are at risk of dropping out of school
and persons with learning disabilities or in need of special
education classes.
Subd. 4. [REQUIREMENTS FOR ELIGIBILITY FOR ENROLLMENT IN
THE CORPS.] A person is eligible to enroll in the Minnesota
conservation corps if the person is:
(1) a permanent resident of the state;
(2) unemployed or underemployed;
(3) at least age 15, but not older than age 26 years;
(4) free from medical or behavioral problems that would
render an individual unable to adjust to the standards,
discipline, or requirements of the corps; and
(5) in the young adult program, the person must have a high
school diploma or equivalent, or agree to work towards a high
school diploma or equivalent while participating in the program.
Subd. 5. [CORPS MEMBER STATUS.] Minnesota conservation
corps members are not eligible for unemployment compensation or
other benefits except workers' compensation, and are not
employees of the state within the meaning of section 43A.02,
subdivision 21.
Subd. 6. [FEES.] The commissioner may charge a fee for any
service performed by the Minnesota conservation corps.
Subd. 7. [LIMITATIONS ON MINNESOTA CONSERVATION CORPS
PROJECTS.] Each employing agency must certify that the
assignment of Minnesota conservation corps members will not
result in the displacement of currently employed workers or
workers on seasonal layoff or layoff from a substantially
equivalent position, including partial displacement such as
reduction in hours of nonovertime work, wages, or other
employment benefits. Supervising agencies that participate in
the program may not terminate, lay off, reduce the seasonal
hours, or reduce the working hours of any employee for the
purpose of using a corps member with available funds. The
positions and job duties of persons employed in projects shall
be submitted to affected exclusive representatives prior to
actual assignment.
Subd. 8. [EXPENDITURE OF CORPS FUNDS.] The commissioner
shall allocate money received for Minnesota conservation corps
work projects. An appropriation from a special revenue fund or
account to the commissioner for Minnesota conservation corps
programs must be spent for projects that are consistent with the
purposes of the fund or account from which the appropriation was
made.
Sec. 71. [84.99] [WORK CREWS; ALLOCATION OF FUNDS.]
The commissioner of natural resources is authorized to
provide work crews to the 14 forested counties that operate land
departments under chapter 282. Any money appropriated for these
crews must be used for forestry-related programs using
participants of the Minnesota conservation corps.
The money must be apportioned to the counties in the
proportion that each county's managed commercial forest land is
to the managed commercial forest land in all 14 counties. If a
county does not use all of its share, the commissioner shall
reallocate the balance to those of the 14 counties whose
Minnesota conservation corps program was not fully supported by
the first allocation for either year. The reallocation must be
based on the proportion that commercial forest lands in each
county to receive the reallocated money is to the managed
commercial forest land in all of the counties receiving a
reallocation.
Sec. 72. Minnesota Statutes 1988, section 85A.01,
subdivision 1, is amended to read:
Subdivision 1. The Minnesota zoological garden is
established under the supervision and control of the Minnesota
zoological board. The board consists of 30 public and private
sector members having a background or interest in zoological
societies or zoo management or an ability to generate community
interest in the Minnesota zoological garden. Fourteen Fifteen
members shall be appointed by the board after consideration of a
list supplied by board members serving on a nominating
committee, and 15 members shall be appointed by the
governor. One member of the board must be a resident of Dakota
county and shall be appointed by the governor after
consideration of the recommendation of the Dakota county board.
Board appointees shall not be subject to the advice and consent
of the senate.
To the extent possible, the board and governor shall
appoint members who are residents of the various geographic
regions of the state. Terms, compensation, and removal of
members are as provided in section 15.0575. In making
appointments, the governor and board shall utilize the
appointment process as provided under section 15.0597 and
consider, among other factors, the ability of members to garner
support for the Minnesota zoological garden. One member shall
be appointed by the Dakota county board who must be a resident
of Dakota county and who may be a member of the county board.
A member of the board may not be an employee of or have a
direct or immediate family financial interest in a business that
provides goods or services to the zoo. A member of the board
may not be an employee of the zoo.
Sec. 73. Minnesota Statutes 1988, section 85A.02,
subdivision 5, is amended to read:
Subd. 5. The board may accept and use gifts, grants or
contributions from any nonstate source. Unless otherwise
restricted by the terms of a gift or bequest, the board may
sell, exchange, or otherwise dispose of, and invest or reinvest
the money, securities, or other property given or bequeathed to
it from nonstate sources. The principal of these funds, the
income from them, and all other revenues received by it from any
nonstate source must be placed in the depositories the board
determines and is subject to expenditure for the board's
purposes, except that expenditures of $25,000 or more must be
approved by the full board. Any additional operating expenses
incurred by virtue of capital development projects must be paid
for with funds other than state appropriations.
Sec. 74. Minnesota Statutes 1988, section 85A.02,
subdivision 5a, is amended to read:
Subd. 5a. [EMPLOYEES.] (a) The board shall appoint an
administrator who shall serve as the executive secretary and
principal administrative officer of the board and, subject to
its approval, the administrator shall operate the Minnesota
zoological garden and enforce all rules and policy decisions of
the board. The administrator must be chosen solely on the basis
of training, experience, and other qualifications appropriate to
the field of zoo management and development. The board shall
set the compensation for the administrator within the limits
established for the commissioner of agriculture in section
15A.081, subdivision 1. The administrator shall perform duties
assigned by the board and shall serve in the unclassified
service at the pleasure of the board. The board administrator,
with the participation of the private sector board, shall
appoint a development director in the unclassified service or
contract with a development consultant to establish mechanisms
to foster community participation in and community support for
the Minnesota zoological garden. The board may employ other
necessary professional, technical, and clerical personnel.
Employees of the zoological garden are eligible for salary
supplement in the same manner as employees of other state
agencies. The commissioner of finance shall determine the
amount of salary supplement based on available funds.
(b) The board may contract with individuals to perform
professional services and may contract for the purchases of
necessary species exhibits, supplies, services, and equipment.
The board may also contract for the construction and operation
of entertainment facilities on the zoo grounds that are not
directly connected to ordinary functions of the zoological
garden. The zoo board shall not enter into any final agreement
for construction of any entertainment facility that is not
directly connected to the ordinary functions of the zoo until
after final construction plans have been submitted to the chairs
of the senate finance and house appropriations committees for
their recommendations.
The zoo may not contract for entertainment during the
period of the Minnesota state fair that would directly compete
with entertainment at the Minnesota state fair.
Sec. 75. Minnesota Statutes 1988, section 85A.02,
subdivision 5b, is amended to read:
Subd. 5b. [EXEMPTIONS.] Except as it determines, and
except as provided in subdivisions 16 and 17, The board is not
subject to chapters 15, 15A, 16A, and 16B concerning budgeting,
payroll, and the purchase of goods or services. The board is
not subject to sections 15.057, 15.061, 16A.128, and 16A.28;
chapter 16B, except for sections 16B.07, 16B.102, 16B.17,
16B.19, 16B.35, and 16B.55; and chapter 14 concerning
administrative procedures, except sections 14.38, subdivision 7,
and 14.39 to 14.43 relating to the legal status of rules and the
legislative review of rules.
Sec. 76. Minnesota Statutes 1988, section 85A.02,
subdivision 16, is amended to read:
Subd. 16. The board may acquire by lease-purchase or
installment purchase contract, transportation systems,
facilities and equipment that it determines will substantially
enhance the public's opportunity to view, study or derive
information concerning the animals to be located in the
zoological garden, and will increase attendance at the garden.
The contracts may provide for: (1) the payment of money over a
12-year period, or over a longer period not exceeding 25 years
if approved by the board; (2) the payment of money from any
funds of the board not pledged or appropriated for another
purpose; (3) indemnification of the lessor or seller for damage
to property or injury to persons due primarily to the actions of
the board or its employees; (4) the transfer of title to the
property to the board upon execution of the contract or upon
payment of specified amounts; (5) the reservation to the lessor
or seller of a security interest in the property; and (6) any
other terms that the board determines to be commercially
reasonable. Property so acquired by the board, and its purchase
or use by the board, or by any nonprofit corporation having a
concession from the board requiring its purchase, shall not be
subject to taxation by the state or its political subdivisions.
Each contract shall be subject to the provisions of chapter 16B,
relating to competitive bidding, provided that, notwithstanding
subdivision 5b, the board is not required to readvertise for
competitive proposals for any transportation system, facilities
and equipment heretofore selected from competitive
proposals taken pursuant to subdivision 18.
Sec. 77. Minnesota Statutes 1988, section 85A.02,
subdivision 17, is amended to read:
Subd. 17. [ADDITIONAL POWERS.] The board may establish a
schedule of charges for admission to or the use of the Minnesota
zoological garden or any related facility. The board shall have
a policy encouraging the admission of admitting elementary
school children at no charge when they are part of an organized
school activity. The Minnesota zoological garden must be open
to the public without admission charges at least two days each
month. However, the zoo may charge at any time for parking,
special services, and for admission to special facilities for
the education, entertainment, or convenience of visitors. The
board may provide for the purchase, reproduction, and sale of
gifts, souvenirs, publications, informational materials, food
and beverages, and grant concessions for the sale of these items.
Sec. 78. Minnesota Statutes 1988, section 85A.02,
subdivision 18, is amended to read:
Subd. 18. [PURCHASING.] The board may contract for
supplies, materials, purchase or rental of equipment, and
utility services. Except as provided in subdivision 5b, chapter
16B does not apply to these contracts. However, contracts shall
be awarded on the basis of competitive bids to the lowest
responsible bidder, taking into consideration conformity with
the specifications, terms of delivery, and other conditions
imposed in the call for bids. Competitive bidding is not
required for purchases clearly and legitimately limited to a
single source of supply; the purchase price may then be
established by direct negotiation. Competitive bids are not
required for utility services if no competition exists or if
rates are fixed by law or ordinance. The board may contract for
consultant, professional, and technical services without regard
to sections 16B.17 and 16B.19.
Sec. 79. Minnesota Statutes 1988, section 92.19, is
amended to read:
92.19 [ASSIGNMENT; EXTENSIONS OF PAYMENT.]
When a certificate or partial interest in a certificate is
assigned, the assignment must be executed like a deed of land
and acknowledged made by deed or instrument of assignment of an
equitable interest of record, executed by the assignor, and
consented to by the commissioner. An assignment of a partial
interest shall recite that payment in full has been made to the
commissioner.
When the assignee satisfies the terms of the assignment and
corresponding terms of the certificate, the commissioner shall
issue a deed or patent to the assignee. When an extension of
time of payment is agreed upon, the agreement must be in
writing, executed like a deed, and recorded in the office of the
commissioner.
Sec. 80. [93.222] [TACONITE IRON ORE SPECIAL ADVANCE
ROYALTY ACCOUNT.]
The taconite iron ore special advance royalty account is
created as an account in the state treasury for disposal of
certain mineral lease money received under the terms of
extension agreements adopted under section 93.193, relating to
state iron ore or taconite iron ore mining leases. The
principal of the account is distributed under the terms of the
extension agreements to the account or entity entitled by
applicable law and lease terms to receive the income from the
class of land being leased. Interest accruing from investment
of the account remains with the account until distributed as
provided in this section. The interest accrued through June 30
under each extension agreement is distributed annually, as soon
as possible after June 30, to the account or entity entitled by
applicable law and lease terms to receive the income from the
class of land being leased in the same proportion that the total
acres included in a particular class of land bears to the total
acreage of the leased land covered by each extension agreement.
Money in the taconite iron ore special advance royalty account
is appropriated for distribution as provided in this section.
Sec. 81. Minnesota Statutes 1988, section 94.09,
subdivision 2, is amended to read:
Subd. 2. On or before July 1 of each year the head of each
department or agency having control and supervision over any
state owned land the sale or disposition of which is not
otherwise provided for by law, shall certify in writing to the
commissioner of administration whether or not there is any state
owned land under control and supervision of that department or
agency which is no longer needed. If the certification
discloses lands no longer needed for a department or agency, the
head thereof shall include in such certification a description
of the lands, and the reasons why such lands are no longer
needed. If the certification is by the commissioner of natural
resources, the duties prescribed for the commissioner of
administration by this section and sections 94.10 to 94.16 shall
be performed by the commissioner of natural resources.
Sec. 82. Minnesota Statutes 1988, section 94.342,
subdivision 3, is amended to read:
Subd. 3. [EXCHANGE RESTRICTIONS CLASS C.] Land bordering
on or adjacent to any meandered or other public waters and
withdrawn from sale by law is Class C land. Class C land may
not be given in exchange unless expressly authorized by the
legislature or unless through the same exchange the state
acquires land on the same or other public waters in the same
general vicinity affording at least equal opportunity for access
to the waters and other riparian use by the public; provided,
that any exchange with the United States or any agency thereof
may be made free from this limitation upon condition that the
state land given in exchange bordering on public waters shall be
subject to reservations by the state for public travel along the
shores as provided by section 92.45, unless waived as provided
in this subdivision, and that there shall be reserved by the
state such additional rights of public use upon suitable
portions of such state land as the commissioner of natural
resources, with the approval of the land exchange board, may
deem necessary or desirable for camping, hunting, fishing,
access to the water, and other public uses. In regard to Class
B or Class C land that is contained within that portion of the
Superior National Forest that is designated as the Boundary
Waters Canoe Area Wilderness and is also located within Cook
county, the condition that state land given in exchange
bordering on public waters must be subject to the public travel
reservations provided in section 92.45, may be waived by the
land exchange board upon the recommendation of the commissioner
of natural resources and, if the land is Class B land, the
additional recommendation of the county board which has the
concurrence of the commissioner of natural resources. in which
the land is located.
Sec. 83. Minnesota Statutes 1988, section 94.343,
subdivision 3, is amended to read:
Subd. 3. Except as otherwise herein provided, Class A land
shall be exchanged only for land of at least substantially equal
value to the state, as determined by the commissioner, with the
approval of the board. For the purposes of such determination,
the commissioner shall cause the state land and the land
proposed to be exchanged therefor to be examined and appraised
by qualified state appraisers as provided in section 92.12 in
like manner as school trust land to be offered for sale 84.0272;
provided, that in exchanges with the United States or any agency
thereof the examination and appraisal may be made in such manner
as the land exchange board may direct. The appraisers shall
determine the fair market value of the lands involved,
disregarding any minimum value fixed for state land by the state
constitution or by law, and shall make a report thereof,
together with such other pertinent information respecting the
use and value of the lands to the state as they deem pertinent
or as the commissioner or the board may require. Such reports
shall be filed and preserved in the same manner as other reports
of appraisal of state lands. The appraised values shall not be
conclusive, but shall be taken into consideration by the
commissioner and the board, together with such other matters as
they deem material, in determining the values for the purposes
of exchange.
Sec. 84. Minnesota Statutes 1988, section 94.344,
subdivision 3, is amended to read:
Subd. 3. Except as otherwise provided, Class B land may be
exchanged only for land of substantially equal value or greater
value to the state, as determined by the county board, with the
approval of the commissioner and the land exchange board. For
an exchange involving Class B land for Class A or Class C land,
the value of the lands shall be determined by the commissioner,
with approval of the land exchange board. For purposes of the
determination, the commissioner shall appraise the state and
tax-forfeited land proposed to be exchanged in the same manner
as school trust Class A land. For all other purposes, the
county board shall appraise the state land and the land in the
proposed exchange in the same manner as tax-forfeited land to be
offered for sale. The appraised values shall not be conclusive,
but shall be taken into consideration, together with such other
matters as may be deemed material, in determining the values for
the purposes of exchange.
Sec. 85. Minnesota Statutes 1988, section 97A.055, is
amended by adding a subdivision to read:
Subd. 3. [GAME AND FISH FUND FEES.] To reduce yearly
fluctuations of the game and fish fund balance and to provide
improved long-range planning of the fund, the policy of the
state is to make fee adjustments as part of the budget process.
Agency responsibilities are:
(a) The commissioner of natural resources must make
specific requests for fee adjustments for all receipt items in
the game and fish fund as a part of the fee report.
(b) The commissioner of finance must review the fee report
and make recommendations for each fee. The commissioner of
finance must submit a six-year projection on revenues and
expenditures to the legislature.
Sec. 86. Minnesota Statutes 1988, section 97A.165, is
amended to read:
97A.165 [SOURCE OF PAYMENTS FOR INDIAN AGREEMENT.]
Money to make payments to the Leech Lake Band, the 1854
treaty area agreement, and White Earth Band special license
account under sections 94.16 and, 97A.151, subdivision 4, and
97A.157, subdivision 4, is annually appropriated for that
purpose in a ratio of 60 20 percent from the game and fish fund
and 40 80 percent from the general fund.
Sec. 87. Minnesota Statutes 1988, section 97A.475,
subdivision 2, is amended to read:
Subd. 2. [RESIDENT HUNTING.] Fees for the following
licenses, to be issued to residents only, are:
(1) for persons under age 65 to take small game, $9 $10;
(2) for persons age 65 or over, $4.50 $5;
(3) to take turkey, $12.50 $14;
(4) to take deer with firearms, $20 $22;
(5) family license to take deer with firearms, $84;
(6) to take deer by archery, $20 $22;
(6) (7) to take moose, for a party of not more than four
persons, $250 $275;
(7) (8) to take bear, $30 $33; and
(8) (9) to take elk, for a party of not more than two
persons, $200 $220.
Sec. 88. Minnesota Statutes 1988, section 97A.475,
subdivision 3, is amended to read:
Subd. 3. [NONRESIDENT HUNTING.] Fees for the following
licenses, to be issued to nonresidents, are:
(1) to take small game, $51 $56;
(2) to take deer with firearms, $100 $110;
(3) to take deer by archery, $100 $110;
(4) to take bear, $150 $165;
(5) to take turkey, $30 $33; and
(6) to take raccoon, bobcat, fox, coyote, or
lynx, $125 $137.50.
Sec. 89. Minnesota Statutes 1988, section 97A.475,
subdivision 6, is amended to read:
Subd. 6. [RESIDENT FISHING.] Fees for the following
licenses, to be issued to residents only, are:
(1) to take fish by angling, for persons under age 65,
$9.50 $10.50;
(2) to take fish by angling, for persons age 65 and over,
$4 $4.50;
(3) to take fish by angling, for a combined license for a
married couple, $13.50 $15;
(4) to take fish by spearing from a dark house, $12 $13;
and
(5) to take fish by angling for a period of 24 hours from
the time of issuance, $4.50 $5.
Sec. 90. Minnesota Statutes 1988, section 97A.475,
subdivision 7, is amended to read:
Subd. 7. [NONRESIDENT FISHING.] Fees for the following
licenses, to be issued to nonresidents, are:
(1) to take fish by angling, $18 $20;
(2) to take fish by angling limited to seven consecutive
days, $15 $16.50;
(3) to take fish by angling for three consecutive days,
$12 $13.50;
(4) to take fish by angling for a combined license for a
family, $30.50 $33.50;
(5) to take fish by angling for a period of 24 hours from
the time of issuance, $4.50 $5; and
(6) to take fish by angling for a combined license for a
married couple, limited to 14 consecutive days, $22.50 $25.
Sec. 91. Minnesota Statutes 1988, section 97A.475,
subdivision 8, is amended to read:
Subd. 8. [MINNESOTA SPORTING.] The commissioner shall
issue Minnesota sporting licenses to residents only. The
licensee may take fish by angling and small game. The fee for
the license is:
(1) for an individual, $13.50 $15; and
(2) for a combined license for a married couple to take
fish and for one spouse to take small game, $19.50 $21.50.
Sec. 92. Minnesota Statutes 1988, section 97A.475,
subdivision 11, is amended to read:
Subd. 11. [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees
for the following licenses are:
(1) for a fish house or dark house that is not
rented, $8 $9; and
(2) for a fish house or dark house that is rented, $18 $20.
Sec. 93. Minnesota Statutes 1988, section 97A.475,
subdivision 12, is amended to read:
Subd. 12. [FISH HOUSES; NONRESIDENT.] The fee for a fish
house license for a nonresident is $19.50 $21.50.
Sec. 94. Minnesota Statutes 1988, section 97A.475,
subdivision 13, is amended to read:
Subd. 13. [NETTING WHITEFISH AND CISCOES FOR PERSONAL
CONSUMPTION.] The fee for a license to net whitefish and ciscoes
in inland lakes and international waters for personal
consumption is, for each net, $5 $5.50.
Sec. 95. Minnesota Statutes 1988, section 97A.475,
subdivision 14, is amended to read:
Subd. 14. [ROUGH FISH; MINNESOTA AND MISSISSIPPI RIVERS.]
The fee for a license to take rough fish for domestic use with a
set line in the Minnesota and Mississippi rivers is $13 $14.50.
Sec. 96. Minnesota Statutes 1988, section 97A.475,
subdivision 15, is amended to read:
Subd. 15. [LAKE SUPERIOR FISHING GUIDES.] The fee for a
license to operate a charter boat and guide anglers on Lake
Superior is:
(1) for a resident, $25 $27.50;
(2) for a nonresident, $100 $110; or
(3) if another state charges a Minnesota resident a fee
greater than $100 for a Lake Superior fishing guide license in
that state, the nonresident fee for a resident of that state is
that greater fee.
Sec. 97. Minnesota Statutes 1988, section 97A.475,
subdivision 16, is amended to read:
Subd. 16. [RESIDENT HUNTING GUIDES.] The fees for the
following resident guide licenses are:
(1) to guide bear hunters, $75 $82.50; and
(2) to guide turkey hunters, $20 $22.
Sec. 98. Minnesota Statutes 1988, section 97A.475,
subdivision 17, is amended to read:
Subd. 17. [NONRESIDENT BEAR GUIDES.] The fee for a license
to guide bear hunters for a nonresident is $400 $440.
Sec. 99. Minnesota Statutes 1988, section 97A.475,
subdivision 18, is amended to read:
Subd. 18. [SHOOTING PRESERVES.] The fee for a shooting
preserve license is $75 $82.50.
Sec. 100. Minnesota Statutes 1988, section 97A.475,
subdivision 19, is amended to read:
Subd. 19. [TAXIDERMISTS.] The fee for a taxidermist
license, to be issued for a three-year period to residents only,
is:
(1) for persons age 18 and older, $40 $44; and
(2) for persons under age 18, $25 $27.50.
Sec. 101. Minnesota Statutes 1988, section 97A.475,
subdivision 20, is amended to read:
Subd. 20. [TRAPPING LICENSE.] The fee for a license to
trap fur-bearing animals is:
(1) for persons over age 13 and under age 18, $5 $5.50; and
(2) for persons age 18 and older, $16 $18.
Sec. 102. Minnesota Statutes 1988, section 97A.475,
subdivision 21, is amended to read:
Subd. 21. [FUR BUYING AND SELLING; RESIDENTS.] (a) The fee
for a license for a resident to buy and sell raw furs is
$100 $110.
(b) The fee for a supplemental license to buy and sell furs
is $50 $55.
Sec. 103. Minnesota Statutes 1988, section 97A.475,
subdivision 23, is amended to read:
Subd. 23. [RAW FUR TANNING.] The fee for a license to tan
and dress raw furs to be issued to residents and nonresidents
is $15 $16.50.
Sec. 104. Minnesota Statutes 1988, section 97A.475,
subdivision 24, is amended to read:
Subd. 24. [GAME AND FUR FARMS.] The fee for a game and fur
farm license is $15 $16.50.
Sec. 105. Minnesota Statutes 1988, section 97A.475,
subdivision 25, is amended to read:
Subd. 25. [MUSKRAT FARMS.] The fee for a muskrat farm
license is $10 $11.
Sec. 106. Minnesota Statutes 1988, section 97A.475,
subdivision 26, is amended to read:
Subd. 26. [MINNOW DEALERS.] The fees for the following
licenses are:
(1) minnow dealer, $70 $77;
(2) minnow dealer's helper, $5 $5.50;
(3) minnow dealer's vehicle, $10 $11;
(4) exporting minnow dealer, $250 $275; and
(5) exporting minnow dealer's vehicle, $10 $11.
Sec. 107. Minnesota Statutes 1988, section 97A.475,
subdivision 27, is amended to read:
Subd. 27. [MINNOW RETAILERS.] The fees for the following
licenses, to be issued to residents and nonresidents, are:
(1) minnow retailer, $10 $11; and
(2) minnow retailer's vehicle, $10 $11.
Sec. 108. Minnesota Statutes 1988, section 97A.475,
subdivision 28, is amended to read:
Subd. 28. [NONRESIDENT MINNOW HAULERS.] The fees for the
following licenses, to be issued to nonresidents, are:
(1) exporting minnow hauler, $525; and
(2) exporting minnow hauler's vehicle, $10 $11.
Sec. 109. Minnesota Statutes 1988, section 97A.475,
subdivision 29, is amended to read:
Subd. 29. [PRIVATE FISH HATCHERIES.] The fees for the
following licenses to be issued to residents and nonresidents
are:
(1) for a private fish hatchery, with annual sales under
$200, $25 $27.50;
(2) for a private fish hatchery, with annual sales of $200
or more, $50 $55; and
(3) To take sucker eggs from public waters for a private
fish hatchery, $150 $165, plus $3 for each quart in excess of
100 quarts.
Sec. 110. Minnesota Statutes 1988, section 97A.475,
subdivision 29a, is amended to read:
Subd. 29a. [FISH FARMS.] The fees for the following
licenses to be issued to residents and nonresidents are:
(1) for a fish farm, $250 $275; and
(2) to take sucker eggs from public waters for a fish farm,
$150 $165, plus $3 for each quart in excess of 100 quarts.
Sec. 111. Minnesota Statutes 1988, section 97A.475,
subdivision 30, is amended to read:
Subd. 30. [COMMERCIAL NETTING OF FISH IN INLAND WATERS.]
The fee for a license to net commercial fish in inland waters,
to be issued to residents and nonresidents, is $70 plus:
(1) for each hoop net pocket, 75 cents $1;
(2) for each 1,000 feet of seine, $15 $16.50; and
(3) for each helper's license, $5 $5.50.
Sec. 112. Minnesota Statutes 1988, section 97A.475,
subdivision 31, is amended to read:
Subd. 31. [COMMERCIAL NETTING OF FISH IN LAKE OF THE
WOODS.] The fee for a license to commercially net fish in Lake
of the Woods is:
(1) for each pound net or staked trap net, $45 $49.50;
(2) for each fyke net, $10 $11, plus $5 for each two-foot
segment, or fraction, of the wings or lead in excess of four
feet in height;
(3) for each 100 feet of gill net, $2.50 $2.75;
(4) for each submerged trap net, $15 $16.50; and
(5) for each helper's license, $15 $16.50.
Sec. 113. Minnesota Statutes 1988, section 97A.475,
subdivision 32, is amended to read:
Subd. 32. [COMMERCIAL NETTING OF FISH IN RAINY LAKE.] The
fee for a license to commercially net fish in Rainy Lake is:
(1) for each pound net, $45 $49.50;
(2) for each 100 feet of gill net, $2.50 $2.75; and
(3) for each helper's license, $15 $16.50.
Sec. 114. Minnesota Statutes 1988, section 97A.475,
subdivision 33, is amended to read:
Subd. 33. [COMMERCIAL NETTING OF FISH IN NAMAKAN AND SAND
POINT LAKES.] The fee for a license to commercially net fish in
Namakan Lake and Sand Point Lake is:
(1) for each 100 feet of gill net, $1.50 $1.75;
(2) for each pound, fyke, and submerged trap
net, $15 $16.50; and
(3) for each helper's license, $5 $5.50.
Sec. 115. Minnesota Statutes 1988, section 97A.475,
subdivision 34, is amended to read:
Subd. 34. [COMMERCIAL SEINE AND SET LINES TO TAKE FISH IN
THE MISSISSIPPI RIVER.] (a) The fee for a license to
commercially seine rough fish in the Mississippi river from St.
Anthony Falls to the St. Croix river junction is:
(1) for a seine not exceeding 500 feet, $25 $27.50; or
(2) for a seine over 500 feet, $40 $44, plus $2 for each
100 foot segment or fraction over 1,000 feet.
(b) The fee for each helper's license issued under
paragraph (a) is $5 $5.50.
Sec. 116. Minnesota Statutes 1988, section 97A.475,
subdivision 35, is amended to read:
Subd. 35. [COMMERCIAL SEINING OF FISH IN WISCONSIN
BOUNDARY WATERS.] The fee for a license to commercially seine
fish in the boundary waters between Wisconsin and Minnesota from
Taylors Falls to the Iowa border is:
(1) for a seine not exceeding 500 feet, $25 $27.50; or
(2) for a seine over 500 feet, $40 $44, plus $2.50 for each
100 feet over 1,000 feet; and
(3) for each helper's license to be issued to residents and
nonresidents, $5 $5.50.
Sec. 117. Minnesota Statutes 1988, section 97A.475,
subdivision 36, is amended to read:
Subd. 36. [COMMERCIAL NETTING IN WISCONSIN BOUNDARY
WATERS.] The fee for a license to commercially net in the
boundary waters between Wisconsin and Minnesota from Lake St.
Croix to the Iowa border is:
(1) for each gill net not exceeding 500 feet, $13 $14.50;
(2) for each gill net over 500 feet, $25 $27.50;
(3) for each fyke net and hoop net, $10 $11;
(4) for each bait net, $1.50 $1.75;
(5) for each turtle net, $1.50 $1.75;
(6) for each set line identification tag, $13 $14.50; and
(7) for each helper's license to be issued to residents and
nonresidents, $5 $5.50.
Sec. 118. Minnesota Statutes 1988, section 97A.475,
subdivision 37, is amended to read:
Subd. 37. [COMMERCIAL NETTING OF FISH IN LAKE SUPERIOR.]
The fee for a license to commercially net fish in Lake Superior
is:
(1) for each gill net, $70 $77 plus $2 for each 1,000 feet
over 1,000 feet;
(2) for a pound or trap net, $70 $77 plus $2 for each
additional pound or trap net; and
(3) for each helper's license, $5 $5.50.
Sec. 119. Minnesota Statutes 1988, section 97A.475,
subdivision 38, is amended to read:
Subd. 38. [FISH BUYERS.] The fees for licenses to buy fish
from commercial fishing licensees to be issued residents and
nonresidents are:
(1) for Lake Superior fish bought for sale to retailers,
$50 $55;
(2) for Lake Superior fish bought for sale to consumers,
$10 $11;
(3) for Lake of the Woods, Namakan, Sand Point, and Rainy
Lake fish bought for sale to retailers, $100 $110; and
(4) for Lake of the Woods, Namakan, Sand Point, and Rainy
Lake fish bought for shipment only on international boundary
waters, $10 $11.
Sec. 120. Minnesota Statutes 1988, section 97A.475,
subdivision 39, is amended to read:
Subd. 39. [FISH PACKER.] The fee for a license to prepare
dressed game fish for transportation or shipment is $13 $14.50.
Sec. 121. Minnesota Statutes 1988, section 97A.475,
subdivision 40, is amended to read:
Subd. 40. [FISH VENDORS.] The fee for a license to use a
motor vehicle to sell fish is $25 $27.50.
Sec. 122. Minnesota Statutes 1988, section 97A.475,
subdivision 41, is amended to read:
Subd. 41. [TURTLE SELLERS.] The fee for a license to take,
transport, purchase, and possess unprocessed turtles for sale is
$50 $55.
Sec. 123. Minnesota Statutes 1988, section 97A.475,
subdivision 42, is amended to read:
Subd. 42. [FROG DEALERS.] The fee for the licenses to deal
in frogs that are to be used for purposes other than bait are:
(1) for a resident to purchase, possess, and transport
frogs, $70 $77;
(2) for a nonresident to purchase, possess, and transport
frogs, $200 $220; and
(3) for a resident to take, possess, transport, and sell
frogs, $10 $11.
Sec. 124. Minnesota Statutes 1988, section 97A.485,
subdivision 7, is amended to read:
Subd. 7. [COUNTY AUDITOR'S COMMISSION.] The county auditor
shall retain for the county treasury a commission of four
percent of all license fees collected by the auditor and the
auditor's subagents, excluding the small game surcharge and
issuing fees, and the license to take fish by angling for
persons age 65 and over. In addition, the auditor shall collect
the issuing fees on licenses sold by the auditor to a licensee.
Sec. 125. Minnesota Statutes 1988, section 97B.301, is
amended by adding a subdivision to read:
Subd. 5. [FAMILY HUNTING LICENSE.] A resident family
license may be issued by the commissioner. "Family" is defined
as a husband, wife, and their children under the age of 18
residing at home. To hunt with a family license, children must
be under the age of 18 and enrolled in school. The individual
deer limits in subdivision 1 do not apply to the family license.
When hunting with a family license, the total limit for the
license is one per family member not to exceed four deer.
Sec. 126. Minnesota Statutes 1988, section 105.41,
subdivision 1b, is amended to read:
Subd. 1b. [USE LESS THAN MINIMUM.] No Except for local
permits under section 473.877, subdivision 4, a permit is not
required for the appropriation and use of less than a minimum
amount to be established by the commissioner by rule. Permits
for more than the minimum amount but less than an intermediate
amount to be specified by the commissioner by rule must be
processed and approved at the municipal, county, or regional
level based on rules to be established by the commissioner by
January 1, 1977. The rules must include provisions for
reporting to the commissioner the amounts of water appropriated
under local permits.
Sec. 127. Minnesota Statutes 1988, section 115.03,
subdivision 1, is amended to read:
Subdivision 1. The agency is hereby given and charged with
the following powers and duties:
(a) To administer and enforce all laws relating to the
pollution of any of the waters of the state;
(b) To investigate the extent, character, and effect of the
pollution of the waters of this state and to gather data and
information necessary or desirable in the administration or
enforcement of pollution laws, and to make such classification
of the waters of the state as it may deem advisable;
(c) To establish and alter such reasonable pollution
standards for any waters of the state in relation to the public
use to which they are or may be put as it shall deem necessary
for the purposes of this chapter and, with respect to the
pollution of waters of the state, chapter 116;
(d) To encourage waste treatment, including advanced waste
treatment, instead of stream low-flow augmentation for dilution
purposes to control and prevent pollution;
(e) To adopt, issue, reissue, modify, deny, or revoke,
enter into or enforce reasonable orders, permits, variances,
standards, rules, schedules of compliance, and stipulation
agreements, under such conditions as it may prescribe, in order
to prevent, control or abate water pollution, or for the
installation or operation of disposal systems or parts thereof,
or for other equipment and facilities;
(1) Requiring the discontinuance of the discharge of
sewage, industrial waste or other wastes into any waters of the
state resulting in pollution in excess of the applicable
pollution standard established under this chapter;
(2) Prohibiting or directing the abatement of any discharge
of sewage, industrial waste, or other wastes, into any waters of
the state or the deposit thereof or the discharge into any
municipal disposal system where the same is likely to get into
any waters of the state in violation of this chapter and, with
respect to the pollution of waters of the state, chapter 116, or
standards or rules promulgated or permits issued pursuant
thereto, and specifying the schedule of compliance within which
such prohibition or abatement must be accomplished;
(3) Prohibiting the storage of any liquid or solid
substance or other pollutant in a manner which does not
reasonably assure proper retention against entry into any waters
of the state that would be likely to pollute any waters of the
state;
(4) Requiring the construction, installation, maintenance,
and operation by any person of any disposal system or any part
thereof, or other equipment and facilities, or the
reconstruction, alteration, or enlargement of its existing
disposal system or any part thereof, or the adoption of other
remedial measures to prevent, control or abate any discharge or
deposit of sewage, industrial waste or other wastes by any
person;
(5) Establishing, and from time to time revising, standards
of performance for new sources taking into consideration, among
other things, classes, types, sizes, and categories of sources,
processes, pollution control technology, cost of achieving such
effluent reduction, and any nonwater quality environmental
impact and energy requirements. Said standards of performance
for new sources shall encompass those standards for the control
of the discharge of pollutants which reflect the greatest degree
of effluent reduction which the agency determines to be
achievable through application of the best available
demonstrated control technology, processes, operating methods,
or other alternatives, including, where practicable, a standard
permitting no discharge of pollutants. New sources shall
encompass buildings, structures, facilities, or installations
from which there is or may be the discharge of pollutants, the
construction of which is commenced after the publication by the
agency of proposed rules prescribing a standard of performance
which will be applicable to such source. Notwithstanding any
other provision of the law of this state, any point source the
construction of which is commenced after May 20, 1973 and which
is so constructed as to meet all applicable standards of
performance for new sources shall, consistent with and subject
to the provisions of section 306(d) of the Amendments of 1972 to
the Federal Water Pollution Control Act, not be subject to any
more stringent standard of performance for new sources during a
ten-year period beginning on the date of completion of such
construction or during the period of depreciation or
amortization of such facility for the purposes of section 167 or
169, or both, of the Federal Internal Revenue Code of 1954,
whichever period ends first. Construction shall encompass any
placement, assembly, or installation of facilities or equipment,
including contractual obligations to purchase such facilities or
equipment, at the premises where such equipment will be used,
including preparation work at such premises;
(6) Establishing and revising pretreatment standards to
prevent or abate the discharge of any pollutant into any
publicly owned disposal system, which pollutant interferes with,
passes through, or otherwise is incompatible with such disposal
system;
(7) Requiring the owner or operator of any disposal system
or any point source to establish and maintain such records, make
such reports, install, use, and maintain such monitoring
equipment or methods, including where appropriate biological
monitoring methods, sample such effluents in accordance with
such methods, at such locations, at such intervals, and in such
a manner as the agency shall prescribe, and providing such other
information as the agency may reasonably require;
(8) Notwithstanding any other provision of this chapter,
and with respect to the pollution of waters of the state,
chapter 116, requiring the achievement of more stringent
limitations than otherwise imposed by effluent limitations in
order to meet any applicable water quality standard by
establishing new effluent limitations, based upon section
115.01, subdivision 5, clause (b), including alternative
effluent control strategies for any point source or group of
point sources to insure the integrity of water quality
classifications, whenever the agency determines that discharges
of pollutants from such point source or sources, with the
application of effluent limitations required to comply with any
standard of best available technology, would interfere with the
attainment or maintenance of the water quality classification in
a specific portion of the waters of the state. Prior to
establishment of any such effluent limitation, the agency shall
hold a public hearing to determine the relationship of the
economic and social costs of achieving such limitation or
limitations, including any economic or social dislocation in the
affected community or communities, to the social and economic
benefits to be obtained and to determine whether or not such
effluent limitation can be implemented with available technology
or other alternative control strategies. If a person affected
by such limitation demonstrates at such hearing that, whether or
not such technology or other alternative control strategies are
available, there is no reasonable relationship between the
economic and social costs and the benefits to be obtained, such
limitation shall not become effective and shall be adjusted as
it applies to such person;
(9) Modifying, in its discretion, any requirement or
limitation based upon best available technology with respect to
any point source for which a permit application is filed after
July 1, 1977 upon a showing by the owner or operator of such
point source satisfactory to the agency that such modified
requirements will represent the maximum use of technology within
the economic capability of the owner or operator and will result
in reasonable further progress toward the elimination of the
discharge of pollutants;
(f) To require to be submitted and to approve plans and
specifications for disposal systems or point sources, or any
part thereof and to inspect the construction thereof for
compliance with the approved plans and specifications thereof;
(g) To prescribe and alter rules, not inconsistent with
law, for the conduct of the agency and other matters within the
scope of the powers granted to and imposed upon it by this
chapter and, with respect to pollution of waters of the state,
in chapter 116, provided that every rule affecting any other
department or agency of the state or any person other than a
member or employee of the agency shall be filed with the
secretary of state;
(h) To conduct such investigations, issue such notices,
public and otherwise, and hold such hearings as are necessary or
which it may deem advisable for the discharge of its duties
under this chapter and, with respect to the pollution of waters
of the state, under chapter 116, including, but not limited to,
the issuance of permits, and to authorize any member, employee,
or agent appointed by it to conduct such investigations or,
issue such notices and hold such hearings;
(i) For the purpose of water pollution control planning by
the state and pursuant to the Federal Water Pollution Control
Act, as amended, to establish and revise planning areas, adopt
plans and programs and continuing planning processes, including,
but not limited to, basin plans and areawide waste treatment
management plans, and to provide for the implementation of any
such plans by means of, including, but not limited to,
standards, plan elements, procedures for revision,
intergovernmental cooperation, residual treatment process waste
controls, and needs inventory and ranking for construction of
disposal systems;
(j) To train water pollution control personnel, and charge
such fees therefor as are necessary to cover the agency's
costs. All such fees received shall be paid into the state
treasury and credited to the water pollution control training
fund of the agency, from which the agency shall have the power
to make disbursements to pay expenses relating to such training;
(k) To impose as additional conditions in permits to
publicly owned disposal systems appropriate measures to insure
compliance by industrial and other users with any pretreatment
standard, including, but not limited to, those related to toxic
pollutants, and any system of user charges ratably as is hereby
required under state law or said Federal Water Pollution Control
Act, as amended, or any regulations or guidelines promulgated
thereunder;
(l) To set a period not to exceed five years for the
duration of any National Pollutant Discharge Elimination System
permit; and
(m) To require a governmental subdivision that owns or
operates a wastewater disposal system to have a plan to address
its ability to pay the costs of making major repairs to the
existing system and planning and constructing an adequate
replacement system at the end of the existing system's expected
useful life.; and
(n) To train individual sewage treatment system personnel,
including persons who design, construct, install, inspect,
service, and operate individual sewage treatment systems, and
charge fees as necessary to pay the agency's costs. All fees
received must be paid into the state treasury and credited to
the agency's training account. Money in the account is
appropriated to the agency to pay expenses related to training.
Sec. 128. Minnesota Statutes 1988, section 115A.03, is
amended by adding a subdivision to read:
Subd. 8a. [DIRECTOR.] "Director" means the director of the
office of waste management.
Sec. 129. Minnesota Statutes 1988, section 115A.03, is
amended by adding a subdivision to read:
Subd. 22a. [OFFICE.] "Office" means the office of waste
management.
Sec. 130. [115A.055] [OFFICE OF WASTE MANAGEMENT.]
The office of waste management is an agency in the
executive branch headed by a director appointed by the governor,
with the advice and consent of the senate, to serve in the
unclassified service. The director may appoint two assistant
directors in the unclassified service and may appoint other
employees, as needed, in the classified service.
Sec. 131. [WASTE MANAGEMENT BOARD; POWERS AND DUTIES.]
Except for the office of waste tire management in the
pollution control agency, the responsibilities of the waste
management board transferred from it by reorganization order
under Minnesota Statutes, section 16B.37, are transferred to the
office of waste management established by section 130 under
Minnesota Statutes, section 15.039.
Sec. 132. [116.84] [MONITORS REQUIRED FOR INCINERATORS]
Notwithstanding any other law to the contrary, an
incinerator permit issued to a facility that allows burning of
PCB's must, as a condition of the permit, require the
installation of a continuous emission monitoring system approved
by the commissioner. The monitoring system must provide
continuous emission measurements to ensure optimum combustion
efficiency of dioxin precursors. The system must also be
capable of providing a permanent record of monitored emissions
that will be available upon request to the commissioner and the
general public. The commissioner shall provide periodic
inspection of the monitoring system to determine its continued
accuracy. Should, at any time, the permitted facility's
emissions exceed permit requirements based on accurate and valid
emissions data, the facility shall immediately commence shutdown
of the incinerator until the appropriate modifications to the
facility have been made to ensure its ability to meet permitted
requirements.
Sec. 133. [116.85] [MONITORS REQUIRED FOR INCINERATORS.]
Notwithstanding any other law to the contrary, an
incinerator permit that contains emission limits for dioxin,
cadmium, chromium, lead, or mercury must, as a condition of the
permit, require the installation of an air emission monitoring
system approved by the commissioner. The monitoring system must
provide continuous measurements to ensure optimum combustion
efficiency for the purpose of ensuring optimum dioxin
destruction. The system shall also be capable of providing a
permanent record of monitored emissions that will be available
upon request to the commissioner and the general public. The
commissioner shall provide periodic inspection of the monitoring
system to determine its continued accuracy. Should, at any time
after normal startup, the permitted facility's emissions exceed
permit requirements, based on accurate and valid emissions data,
the facility shall immediately report the exceedance to the
commissioner and immediately either commence appropriate
modifications to the facility to ensure its ability to meet
permitted requirements or commence shutdown if the modifications
cannot be completed within 72 hours. This section shall not be
construed to limit the authority of the agency to regulate
incinerator operations under any other law.
Sec. 134. Minnesota Statutes 1988, section 116C.03,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] The members of the board are the
commissioner of the state planning agency, the commissioner of
public service, the commissioner of the pollution control
agency, the commissioner of natural resources, the chair
director of the office of waste management board, the
commissioner of agriculture, the commissioner of health, the
commissioner of transportation, the chair of the board of water
and soil resources, and a representative of the governor's
office designated by the governor. The governor shall appoint
five members from the general public to the board, subject to
the advice and consent of the senate. At least two of the five
public members must have knowledge of and be conversant in water
management issues in the state. Notwithstanding the provisions
of section 15.06, subdivision 6, members of the board may not
delegate their powers and responsibilities as board members to
any other person.
Sec. 135. Minnesota Statutes 1988, section 116E.03,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] The environmental education
board shall operate under the general supervision of the
commissioner of natural resources state planning. The
environmental education board shall submit its budget to the
commissioner each year for review and approval. Twice each year
the state environmental education board shall report to the
commissioner on the status of its programs and operations. In
addition to any powers or duties otherwise prescribed by law and
without limiting the same, the state environmental education
board shall have the powers and duties hereinafter specified.
Sec. 136. Minnesota Statutes 1988, section 116J.01,
subdivision 3, is amended to read:
Subd. 3. [DEPARTMENTAL ORGANIZATION.] The commissioner
shall organize the department as provided in section 15.06. The
department must be organized into three four divisions,
designated as the business promotion and marketing division, the
community development division, the policy analysis and science
and technology division, and the Minnesota trade division, and
two offices, the office of tourism and the policy analysis
office. Each division and office shall administer the duties
and functions assigned to it by law. When the duties of the
divisions or office are not allocated by law, the commissioner
may establish and revise the assignments of each division and
office. Each division is under the direction of a deputy
commissioner in the unclassified service. The deputy
commissioner of the Minnesota trade division must be experienced
and knowledgeable in matters of international trade.
Each office is under the direction of a director in the
unclassified service.
Sec. 137. Minnesota Statutes 1988, section 116J.01,
subdivision 4, is amended to read:
Subd. 4. [APPOINTMENT OF DIRECTOR OF THE OFFICE OF
TOURISM.] The director of the office of tourism shall be
appointed by the governor.
Sec. 138. [116J.616] [SPECIFIC AGREEMENTS PROHIBITED.]
The commissioner or director of tourism may not enter into
an agreement which would obligate the state to pay any part of a
debt incurred by a public or private facility, organization, or
attraction.
Sec. 139. [116J.617] [TOURISM LOAN PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The commissioner may
establish a tourism revolving loan program to provide loans or
participate in loans to resorts, campgrounds, lodging
facilities, and other tourism-related businesses. The
commissioner shall work with financial institutions in making or
participating in loans under this section.
Subd. 2. [ELIGIBLE BORROWER.] To receive a loan under this
section, the borrower must be a sole proprietorship,
partnership, corporation, or other person engaged in a
tourism-related business or other entity that is defined by the
standard industrial classification codes of 7011 and 7033 as set
out in the Code of Federal Regulations, title 13, section
121.2. An eligible borrower under this section must maintain
the business or other entity as a tourism-related entity as
defined by this subdivision during the term of the loan. An
eligible borrower may not receive a loan under this section if
the borrower has received a tourism-related loan made by the
state or participated in by the state in the past three years.
Subd. 3. [ELIGIBLE LOAN.] The maximum loan made or
participated in under this section may not be for more than 50
percent of the total cost of the project. Loan proceeds may be
used for the following purposes: building construction and
improvement, site improvement, equipment, other construction
costs, and engineering costs. Project-related expenditures made
more than 30 days before an application may not be financed by a
loan made or participated in under this section.
Subd. 4. [LOAN TERMS.] The maximum term of a loan made or
participated in under this section may not exceed the useful
life of the real property or 80 percent of the useful life of
the equipment or machinery, or the following limits, whichever
is less:
(1) ten years for land, building, or other real property;
(2) five years for equipment or machinery; or
(3) a weighted average of the limits under clauses (1) and
(2) for loans made or participated in for a combination of real
property and equipment or machinery.
The commissioner may establish interest rates for loans
made under this section. All loans made must be secured by
collateral.
Subd. 5. [TOURISM LOAN ACCOUNT.] The tourism loan account
is created in the special revenue fund. The fund consists of
money appropriated or transferred to the account and interest
collected through the tourism revolving loan program, and gifts,
donations, and bequests made to the account. Money in the
account is appropriated to the commissioner for purposes of this
section. Fees collected through the tourism revolving loan
program must be credited to the general fund.
Sec. 140. Minnesota Statutes 1988, section 116J.58,
subdivision 1, is amended to read:
Subdivision 1. [ENUMERATION.] The commissioner shall:
(1) investigate, study, and undertake ways and means of
promoting and encouraging the prosperous development and
protection of the legitimate interest and welfare of Minnesota
business, industry, and commerce, within and outside the state;
(2) locate markets for manufacturers and processors and aid
merchants in locating and contacting markets;
(3) investigate and study conditions affecting Minnesota
business, industry, and commerce and collect and disseminate
information, and engage in technical studies, scientific
investigations, and statistical research and educational
activities necessary or useful for the proper execution of the
powers and duties of the commissioner in promoting and
developing Minnesota business, industry, and commerce, both
within and outside the state;
(4) plan and develop an effective business information
service both for the direct assistance of business and industry
of the state and for the encouragement of business and industry
outside the state to use economic facilities within the state;
(5) compile, collect, and develop periodically, or
otherwise make available, information relating to current
business conditions;
(6) conduct or encourage research designed to further new
and more extensive uses of the natural and other resources of
the state and designed to develop new products and industrial
processes;
(7) study trends and developments in the industries of the
state and analyze the reasons underlying the trends; study costs
and other factors affecting successful operation of businesses
within the state; and make recommendations regarding
circumstances promoting or hampering business and industrial
development;
(8) serve as a clearing house for business and industrial
problems of the state; and advise small business enterprises
regarding improved methods of accounting and bookkeeping;
(9) cooperate with interstate commissions engaged in
formulating and promoting the adoption of interstate compacts
and agreements helpful to business, industry, and commerce;
(10) cooperate with other state departments, and with
boards, commissions, and other state agencies, in the
preparation and coordination of plans and policies for the
development of the state and for the use and conservation of its
resources insofar as the use, conservation, and development may
be appropriately directed or influenced by a state agency;
(11) assemble and coordinate information relative to the
status, scope, cost, and employment possibilities and the
availability of materials, equipment, and labor in connection
with public works projects, state, county, and municipal;
recommend limitations on the public works; gather current
progress information with reference to public and private works
projects of the state and its political subdivisions with
reference to conditions of employment; inquire into and report
to the governor, when requested by the governor, with respect to
any program of public state improvements and the financing
thereof; and request and obtain information from other state
departments or agencies as may be needed properly to report
thereon;
(12) study changes in population and current trends and
prepare plans and suggest policies for the development and
conservation of the resources of the state;
(13) confer and cooperate with the executive, legislative,
or planning authorities of the United States and neighboring
states and of the counties and municipalities of such
neighboring states, for the purpose of bringing about a
coordination between the development of such neighboring states,
counties, and municipalities and the development of this state;
(14) generally, gather, compile, and make available
statistical information relating to business, trade, commerce,
industry, transportation, communication, natural resources, and
other like subjects in this state, with authority to call upon
other departments of the state for statistical data and results
obtained by them and to arrange and compile that statistical
information in a manner that seems wise;
(15) publish documents and annually convene regional
meetings to inform businesses, local government units,
assistance providers, and other interested persons of changes in
state and federal law related to economic development; and
(16) annually convene conferences of providers of economic
development related financial and technical assistance for the
purposes of exchanging information on economic development
assistance, coordinating economic development activities, and
formulating economic development strategies.
Sec. 141. Minnesota Statutes, section 116J.63, is amended
by adding a subdivision to read:
Subd. 4. The office of tourism may market tourism-related
publications and media promotional material to businesses and
organizations. The proceeds from the marketing must be placed
in a special account and are appropriated to the commissioner to
prepare and distribute the office's publications and media
promotional materials.
Sec. 142. Minnesota Statutes 1988, section 116J.68,
subdivision 2, is amended to read:
Subd. 2. The bureau shall:
(a) provide information and assistance with respect to all
aspects of business planning and business management related to
the start-up, operation, or expansion of a small business in
Minnesota;
(b) refer persons interested in the start-up, operation, or
expansion of a small business in Minnesota to assistance
programs sponsored by federal agencies, state agencies,
educational institutions, chambers of commerce, civic
organizations, community development groups, private industry
associations, and other organizations or to the business
assistance referral system established by the Minnesota Project
Outreach Corporation;
(c) plan, develop, and implement a master file of
information on small business assistance programs of federal,
state, and local governments, and other public and private
organizations so as to provide comprehensive, timely information
to the bureau's clients;
(d) employ staff with adequate and appropriate skills and
education and training for the delivery of information and
assistance;
(e) seek out and utilize, to the extent practicable,
contributed expertise and services of federal, state, and local
governments, educational institutions, and other public and
private organizations;
(f) maintain a close and continued relationship with the
director of the procurement program within the department of
administration so as to facilitate the department's duties and
responsibilities under sections 16B.19 to 16B.22 relating to the
small business set aside program of the state;
(g) develop an information system which will enable the
commissioner and other state agencies to efficiently store,
retrieve, analyze, and exchange data regarding small business
development and growth in the state. All executive branch
agencies of state government and the secretary of state shall to
the extent practicable, assist the bureau in the development and
implementation of the information system;
(h) establish and maintain a toll free telephone number so
that all small business persons anywhere in the state can call
the bureau office for assistance. An outreach program shall be
established to make the existence of the bureau well known to
its potential clientele throughout the state;. If the small
business person requires a referral to another provider the
bureau may use the business assistance referral system
established by the Minnesota Project Outreach Corporation;
(i) conduct research and provide data as required by state
legislature;
(j) develop and publish material on all aspects of the
start-up, operation, or expansion of a small business in
Minnesota;
(k) collect and disseminate information on state
procurement opportunities, including information on the
procurement process;
(l) develop a public awareness program through the use of
newsletters, personal contacts, and electronic and print news
media advertising about state assistance programs for small
businesses, including those programs specifically for socially
disadvantaged small business persons;
(m) publicize to small businesses the provisions of Laws
1983, chapter 188, requiring section 14.115 which requires
consideration of small business issues in state agency
rulemaking.;
(n) enter into agreements with the federal government and
other public and private entities to serve as the statewide
coordinator or host agency for the federal small business
development center program under United States Code, title 15,
section 648;
(o) establish an evaluation mechanism to determine if
assistance providers have adequate expertise and resources to
deliver quality services. Evaluation of assistance providers
may be based on the ability of the provider to offer the
advertised service, the training and experience of the provider,
and the formal evaluation process used by the provider. The
evaluation mechanism must be designed so that the business
assistance referral system established by the Minnesota Project
Outreach Corporation may use the results of the evaluation in
providing clients with referrals to providers; and
(p) assist providers in the evaluation of their programs
and the assessment of their service area needs. The bureau may
establish model evaluation techniques and performance standards
for providers to use.
Sec. 143. [116J.691] [MINNESOTA PROJECT OUTREACH
CORPORATION.]
Subdivision 1. [ESTABLISHMENT; PURPOSE.] The Minnesota
Project Outreach Corporation is established as a nonprofit
corporation under chapter 317 and is subject to the provisions
of that chapter. The purpose of the corporation is to (i)
facilitate the transfer of technology and scientific advice from
the University of Minnesota and other institutions to businesses
in the state that may make economic use of the information; and
(ii) to assist small and medium-sized businesses in finding
technical and financial assistance providers that meet their
needs.
Subd. 2. [BOARD OF DIRECTORS.] The Minnesota Project
Outreach Corporation shall be governed by a nine-member board of
directors consisting of the president of the University of
Minnesota or the president's designee, the deputy commissioner
of trade and economic development for community development or
the commissioner's designee, the chair of the Greater Minnesota
Corporation board of directors or the chair's designee, the
president of the Minnesota Project Outreach Corporation, a
member of the state senate appointed by the subcommittee on
committees of the senate rules and administration committee, a
member of the house of representatives appointed by the speaker,
a representative of small manufacturing firms located outside
the metropolitan area, a representative of medium-sized
manufacturing firms located in the metropolitan area, and a
private sector person representing the general public.
Vacancies on the board for the members who are representatives
of the manufacturing firms and the general public shall be
filled by the board. The president of the Minnesota Project
Outreach Corporation shall be appointed by at least a two-thirds
majority of the other members of the board.
The terms of the directors appointed by the governor shall
be three years. The directors appointed by the governor shall
serve until their successors are appointed and qualify. The
board may elect a chair and form committees of the board.
Subd. 3. [ARTICLES OF INCORPORATION.] The articles of
incorporation of the Minnesota Project Outreach Corporation must
be filed with the secretary of state under chapter 317 and must
be consistent with the duties of the corporation under
subdivision 4 and the other provisions of this section.
Subd. 4. [DUTIES.] The Minnesota Project Outreach
Corporation shall:
(1) establish a technology assistance system to assist
business, specifically new and other small and medium-sized
businesses across the state, in gaining access to technical
information, including but not limited to technologies developed
by the University of Minnesota and other higher education
systems and their personnel; and in gaining access to
technology-related federal programs.
(2) establish and continually update a business assistance
referral system which includes a data base of economic
development related technical assistance and financial
assistance providers or programs sponsored by federal agencies,
state agencies, educational institutions, chambers of commerce,
civic organizations, community development groups, local
governments, private industry associations, and other
organizations and individuals that provide assistance;
(3) establish and maintain or contract for the
establishment of a toll-free telephone number operated by
trained staff familiar with the business assistance referral
system and data base;
(4) maintain a marketing and outreach program informing
persons interested in starting, operating, or expanding small
business and assistance providers of the technology assistance
system and the business assistance referral system;
(5) establish, where possible, regional bases and referral
systems for the business assistance referral system; and
(6) make available the data base of the business assistance
referral system to the legislature, the department of trade and
economic development, and other state agencies for evaluating
the effectiveness and efficiency of the provision of economic
development-related technical and financial assistance in the
state.
Subd. 5. [STATE AGENCY COOPERATION.] The Minnesota Project
Outreach Corporation shall consult with the department of trade
and economic development in the development and marketing of the
business assistance referral system. The corporation shall
assist the department of trade and economic development in
establishing an evaluation mechanism for the business assistance
referral system which at least includes a process for
determining the effectiveness of the economic development
related technical or financial assistance provider's service in
meeting the needs of the client referred to the provider.
Subd. 6. [CHARGES TO CLIENTS.] (a) The Minnesota Project
Outreach Corporation may charge reasonable fees to a client for
the technology assistance system. The corporation shall
establish a fee structure for the technology assistance system
and may base the fee structure on the type of service provided,
the size of the client based on number of employees or amount of
annual revenues, the length of time the client has been in
operation, and other criteria.
(b) The corporation shall provide the business assistance
referral system at no cost to the client and may not charge the
client a fee or any other compensation for the referral to a
provider. This subdivision does not prohibit the technical or
financial assistance provider from charging a fee or other
compensation to a client that has been referred to the provider
by the business assistance referral system.
Subd. 7. [ADVISORY COMMITTEES.] The board of directors of
the Minnesota Project Outreach Corporation may appoint advisory
committees to assist in selecting vendors and evaluating the
corporation's activities.
Subd. 8. [ANNUAL REPORT.] The Minnesota Project Outreach
Corporation shall submit an annual report by January 15 of each
year to the appropriations, finance, and economic development
committees of the legislature, the governor, the Greater
Minnesota Corporation, and the University of Minnesota. The
report must include a description of the corporation's
activities for the past year, a listing of the contracts entered
into by the corporation, and a summary of the corporation's
expenditures.
Subd. 9. [AUDIT.] The Minnesota Project Outreach
Corporation shall contract with a certified public accounting
firm to perform a financial and compliance audit of the
corporation and any subsidiary annually in accordance with
generally accepted accounting standards.
Sec. 144. [116J.692] [REGISTERED NAME.]
Notwithstanding Minnesota Statutes, section 317.09, the
secretary of state shall register the name "Minnesota Project
Outreach Corporation" on behalf of the corporation.
Sec. 145. [INITIAL APPOINTMENTS.]
Notwithstanding section 143, subdivision 2, the members of
the initial board of directors representing manufacturing firms
and the general public shall be appointed by the governor as
follows: one member to a one-year term, one member to a
two-year term, and one member to a three-year term.
Sec. 146. [116J.876] [DEFINITIONS.]
Subdivision 1. [TERMS.] For the purposes of this section
and sections 147 to 155, the terms defined in this section have
the meanings given them.
Subd. 2. [AGREEMENT.] "Agreement" means an agreement
between a lender and the commissioner under which a lender may
participate in the program.
Subd. 3. [BORROWER.] "Borrower" means the recipient of a
loan which is, has been, or will be filed by the lender for
enrollment under the program and meets the following
requirements:
(1) the borrower is a corporation, partnership, joint
venture, sole proprietorship, cooperative, or other entity,
whether profit or nonprofit, which is authorized to conduct
business in the state; and
(2) the borrower is not an executive officer, director, or
principal shareholder of the lender, or a member of the
immediate family of an executive officer, director, or principal
shareholder of the lender, or an entity controlled by an
executive officer, director, principal shareholder, or member of
the immediate family.
Subd. 4. [CAPITAL ACCESS ACCOUNT; ACCOUNT.] "Capital
access account" or "account" means an account created in the
special revenue fund for the purposes of the capital access
program.
Subd. 5. [CLAIM.] "Claim" means any claim filed by the
lender under section 153.
Subd. 6. [COMMISSIONER.] "Commissioner" means the
commissioner of trade and economic development.
Subd. 7. [EARLY LOAN.] "Early loan" means an enrolled loan
where at the time of enrollment the amount of previously
enrolled loans made by the lender under the program was less
than $5,000,000.
Subd. 8. [ELIGIBLE LOAN.] "Eligible loan" means a loan
made by the lender to a borrower that meets the requirements of
section 150.
Subd. 9. [ENROLLED LOAN.] "Enrolled loan" means a loan
enrolled by the commissioner under the terms of section 150.
Subd. 10. [LENDER.] "Lender" means a financial institution
as defined in section 13A.01, subdivision 2, that has entered
into an agreement with the commissioner to participate in the
program.
Subd. 11. [PASSIVE REAL ESTATE OWNERSHIP.] "Passive real
estate ownership" means ownership of real estate for the purpose
of deriving income from speculation, trade, or rentals, except
that the term does not include (1) the ownership of that portion
of real estate being used or intended to be used for the
operation of the business of the owner of the real estate; or
(2) ownership of real estate for the purpose of construction or
renovation until the completion of the construction or
renovation phase.
Subd. 12. [PROGRAM.] "Program" means the capital access
program created by sections 146 to 155.
Subd. 13. [RESERVE FUND.] "Reserve fund" means an
administrative account maintained by the commissioner for funds
accumulated under an agreement with the commissioner to cover
losses sustained by the lender on enrolled loans.
Sec. 147. [116J.8761] [CAPITAL ACCESS PROGRAM; CREATION;
ADMINISTRATION.]
A capital access program is created in the department of
trade and economic development. The purpose of the capital
access program is to provide capital to businesses, particularly
small and medium sized businesses, to foster economic
development. Loans made under this program are to be slightly
riskier than conventional loans, but still offer a high degree
of soundness in connection with the capital access program.
The commissioner has the power to administer the program,
enter into contracts, and take action reasonably necessary to
ensure compliance with the program. The lender shall provide
the commissioner with information regarding its participation in
the program as the commissioner may reasonably require. Upon
notice to the lender, the commissioner may inspect the files of
the lender relating to any loans enrolled under the program
during normal business hours of the lender.
A lender is eligible to participate in the program upon
entering into an agreement with the commissioner governing the
duties of the commissioner and the lender under the program.
Sec. 148. [116J.8762] [COMMISSIONER; DUTIES.]
Subdivision 1. [DUTIES.] The commissioner must:
(1) market the capital access program to businesses and
other persons in the state in cooperation with financial
institutions and statewide associations representing financial
institutions;
(2) establish a reservation or allocation system so that
lenders may reserve an allocation of funds in the account before
or after the lender enters into a loan agreement or contract
with a borrower; and
(3) develop the program, in cooperation with financial
institutions and statewide associations representing financial
institutions, so that the degree of flexibility for the
commissioner and the participating lenders is maximized and the
state oversight of individual loans is minimized, and the fiscal
integrity of the program is maintained.
Subd. 2. [INTERESTS OF COMMISSIONER.] Except upon the
exercise of the commissioner's right of subrogation under
section 153, the commissioner has no legal or equitable interest
in any collateral, security, or other right of recovery in
connection with any loan enrolled in the program, and the
commissioner's consent is not necessary for any amendment to the
lender's loan documents.
Sec. 149. [116J.8763] [ELIGIBLE LOANS.]
Subdivision 1. [LOAN TYPES.] Eligible loans may include:
(1) loans made for industrial, commercial, or agricultural
purposes;
(2) refinancing of loans made for the purposes in clause
(1); and
(3) lines of credit agreements established between the
lender and borrower which are used for the purposes in clause
(1).
Subd. 2. [LOAN RESTRICTIONS.] Eligible loans must meet the
following criteria:
(1) the lender has not made the loan in order to enroll in
the program prior debt which is not covered under the program
and which is or was owed by the borrower to the lender;
(2) the proceeds of the loan will not be used for that
portion of a project or development devoted to housing;
(3) the proceeds of the loan will not be used to finance
passive real estate ownership; and
(4) the proceeds of the loan will be used to finance a
project or enterprise located within this state which will
foster economic development in Minnesota.
Subd. 3. [LOAN PROVISIONS.] An eligible loan may provide
for an interest rate, fees, and other terms and conditions as
the lender and borrower may agree. If the loan amount to be
borrowed is determined by a commitment agreement that
establishes a line of credit, the amount of the loan is the
maximum amount available to the borrower under the agreement.
Sec. 150. [116J.8764] [ENROLLMENT OF LOANS IN PROGRAM.]
Subdivision 1. [FILING REQUIREMENTS.] (a) To enroll a loan
under this program, the lender must file a completed loan
enrollment form with the commissioner. The lender must also
certify the following to the commissioner as part of the filing:
(1) the lender has no substantial reason to believe that
the loan is being made to a borrower who does not meet the
requirements of section 146, subdivision 3;
(2) that the lender has received from the borrower a
written representation, warranty, pledge, and waiver stating
that the borrower has no legal, beneficial, or equitable
interest in the nonrefundable premium charges or any other funds
credited to the reserve fund established to cover losses
sustained by the lender on enrolled loans;
(3) the loan being filed for enrollment is an eligible loan
under section 149; and
(4) premium changes required of the borrower and lender
under this section have been deposited in the reserve fund.
(b) The lender shall file the loan enrollment form within
ten business days after the lender makes the loan. The date on
which the lender makes a loan is the date on which the lender
first disburses proceeds of the loan to the borrower or an
earlier date on which the loan documents have been executed and
the lender has obligated itself to disburse proceeds of the loan.
The filing date of a loan enrollment form is the date on which
the lender delivers the required documentation to the
commissioner, delivers it to a professional courier service for
delivery to the commissioner, or mails it to the commissioner by
certified mail.
Subd. 2. [COMMISSIONER ENROLLMENT; ACKNOWLEDGMENT.] When
the commissioner receives the loan enrollment form, the
commissioner shall enroll the loan, unless the information
provided under subdivision 1 indicates that the loan is not an
eligible loan, and shall deliver to the lender within five
business days of receipt an acknowledgment of enrollment, signed
by the commissioner or designee, including documentation of the
amount being transferred by the commissioner into the reserve
fund under this section.
Subd. 3. [AMOUNT COVERED.] When filing a loan enrollment
form, the lender may specify an amount to be covered under the
program. The amount may be less than the total amount of the
loan. Unless the context clearly requires otherwise, when used
in connection with a loan or loans, the words "amount" and
"proceeds" refer only to the amount covered under the agreement.
Subd. 4. [AMOUNT COVERED IN REFINANCINGS.] (a) In the case
of a loan to refinance a loan previously made to the borrower by
the lender that was not enrolled under the program, the lender
may obtain coverage under the program for an amount not
exceeding the amount of additional financing.
(b) If an enrolled loan is refinanced and the total amount
to be covered under the program does not exceed the covered
amount of the loan as previously enrolled, the refinanced loan
may continue as an enrolled loan without payment of additional
premium charges or transfers by the commissioner to the reserve
fund.
(c) If an enrolled loan is refinanced in an amount
exceeding the amount of the loan as previously enrolled, the
lender may obtain coverage of the amount of the refinanced loan
that exceeds the amount covered when the loan was previously
enrolled by refiling the loan for enrollment under subdivision 1.
(d) Fluctuations in the outstanding balance of a line of
credit, without increasing the enrolled amount under the
program, are not a refinancing of the loan.
Subd. 5. [TERMINATION OF ENROLLMENT.] If the outstanding
balance of an enrolled loan which is not a line of credit is
reduced to zero, the loan is no longer an enrolled loan. If an
enrolled loan which is a line of credit has an outstanding
balance of zero for a 12-month period, the line of credit is no
longer an enrolled loan, unless, before the expiration of the
12-month period, the lender reaffirms in writing to the borrower
that the line of credit will remain open and the borrower
acknowledges the reaffirmation in writing.
Sec. 151. [116J.8765] [RESERVE FUND; PREMIUMS.]
Subdivision 1. [CREATION.] Upon execution of an agreement
between the lender and the commissioner, the commissioner shall
establish a reserve fund account with the lender in the name of
the commissioner for the purpose of receiving all required
premium charges to be paid by the lender and the borrower and
transfers made by the commissioner under sections 146 to 155.
Subd. 2. [PREMIUM PAYMENTS AND TRANSFERS TO RESERVE FUND.]
The premium charges payable to the reserve fund by the lender
and the borrower in connection with a loan filed for enrollment
are determined by the lender. The premium paid by the borrower
may not be less than 1.5 percent nor greater than 3.5 percent of
the amount of the loan. The premium paid by the lender shall be
equal to the amount of the premium paid by the borrower. The
lender may recover from the borrower the cost of the lender's
premium payment, in any manner in which the lender and borrower
agree. When enrolling a loan, the commissioner shall transfer
into the reserve fund from the account premium amounts
determined as follows:
(a) If the amount of any loan, plus the amount of loans
previously enrolled by the lender, is less than $2,000,000, the
premium amount transferred must be equal to 150 percent of the
combined premiums paid into the reserve fund by the borrower and
the lender for each enrolled loan.
(b) If, prior to the enrollment of the loan, the amount of
loans previously enrolled by the lender equals or exceeds
$2,000,000, the premium amount transferred must be equal to the
combined premiums paid into the reserve fund by the borrower and
the lender for each enrolled loan.
(c) If the amount of loans previously enrolled by the
lender is less than $2,000,000, but the enrollment of a loan
will cause the aggregate amount of all enrolled loans made by
the lender to exceed $2,000,000, the premium amount transferred
must be equal to a percentage of the combined amount paid by the
lender and the borrower. The percentage must be determined by
(1) multiplying by 150 that portion of the loan which when added
to the amount of all previously enrolled loans totals
$2,000,000, (2) multiplying the balance of the loan by 100, and
(3) adding the products of the two amounts and dividing the sum
by the total amount of the loan.
Subd. 3. [LIMITATION OF TRANSFERS.] A maximum premium
amount of $150,000 may be transferred into the reserve funds of
all lenders participating in the program by the commissioner
over any three-year period in connection with any one borrower
or any group of borrowers among which a common enterprise
exists. This maximum premium amount may be exceeded upon the
written request by a lender only if the commissioner approves in
writing the transfer of an amount in excess of $150,000. For
the purpose of this subdivision, the term "common enterprise"
has the meaning given it in Code of Federal Regulations, title
12, section 32, as amended.
Subd. 4. [CONTROL AND INVESTMENT OF RESERVE FUND.] (a) All
money credited to the reserve fund is under the exclusive
control of the commissioner. The commissioner may not withdraw
money from the reserve fund except as specifically provided in
this subdivision and sections 152 and 154.
(b) Money in the reserve fund must be deposited by the
commissioner in an account with the lender unless the
commissioner determines that the lender is not in substantial
compliance with the requirements of the agreement. If money in
the reserve fund is not deposited by the commissioner in an
account with the lender, it must be invested or reinvested by
the commissioner in (1) direct obligations of the United States
or the state of Minnesota or in obligations the principal and
interest of which are unconditionally guaranteed by the United
States or the state of Minnesota, or (2) a deposit account at a
depository institution whose deposits are insured by the Federal
Deposit Insurance Corporation or the Federal Savings and Loan
Insurance Corporation.
(c) Interest or income earned on the money credited to the
reserve fund is part of the reserve fund. The commissioner may
withdraw at any time from the reserve fund 50 percent of all
interest or income that has been credited to the reserve fund,
except that after the first withdrawal the commissioner may not
withdraw more than 50 percent of all interest or income that has
been credited to the reserve fund since the time of the last
withdrawal. Any withdrawal made under this subdivision may be
made prior to paying any claim. None of the amounts withdrawn
need to be transferred back to the reserve fund. Any withdrawal
under this subdivision must be credited in the capital access
account.
Subd. 5. [PLEDGE OF THE RESERVE FUND.] The commissioner
shall pledge to the lender that the money in the reserve fund
will be available to pay claims under section 152, that the
lender will have a first security interest in the money in the
reserve fund to pay the claims, and that the commissioner will
not encumber or pledge the money to any other party.
Subd. 6. [QUARTERLY REPORTS; INSPECTIONS.] (a) If the
reserve fund is not maintained with the lender, the commissioner
shall provide to the lender quarterly transaction reports
indicating the balance in the reserve fund, payments and
transfers into the reserve fund, withdrawals from the reserve
fund, and interest or income earned on money credited to the
reserve fund.
(b) The records of the commissioner with respect to all
payments and transfers into the reserve fund, withdrawals from
the reserve fund, and interest or income earned on the money
credited to the reserve fund, are available to the lender at the
offices of the commissioner during normal business hours.
Sec. 152. [116J.8766] [CLAIMS BY LENDER TO RESERVE FUND.]
Subdivision 1. [CLAIM PROCESS.] (a) If the lender charges
off all or part of an enrolled loan, the lender may file a claim
with the commissioner. The claim must be filed
contemporaneously with the charge-off.
(b) The lender's claim may include, in addition to the
amount of principal charged off plus accrued interest, one-half
of the documented out-of-pocket expenses incurred in pursuing
its collection efforts, including preservation of collateral.
The amount of principal and accrued interest included in the
claim may not exceed the principal amount covered under the
program upon enrollment, plus accrued interest attributable to
the covered principal amount.
(c) The lender shall determine when and how much to charge
off on an enrolled loan in a manner consistent with its normal
method for making these determinations on similar loans which
are not enrolled loans.
(d) If the lender files two or more claims
contemporaneously and there are insufficient funds in its
reserve fund at that time to cover the entire amount of the
claims, the lender may designate the order of priority in which
the commissioner shall pay the claims.
Subd. 2. [DISBURSEMENT OF RESERVE FUND.] (a) Upon receipt
by the commissioner of a claim filed by the lender, the
commissioner shall, within ten business days, pay or authorize
the lender to withdraw from the reserve fund the amount of the
claim as submitted, unless the information provided by the
lender was known by the lender to be false at the time the loan
was filed for enrollment. No other violation of sections 146 to
155 or the agreement is grounds for denial of a claim.
(b) If there is insufficient money in the reserve fund to
cover the entire amount of the lender's claim, the commissioner
shall pay to the lender or authorize the lender to withdraw an
amount equal to the current balance in the reserve fund and the
following shall apply:
(1) If the enrolled loan for which the claim has been filed
is not an early loan, the payment fully satisfies the claim, and
the lender has no right to receive any further amount from the
reserve fund with respect to that claim.
(2) If the loan is an early loan, the partial payment does
not satisfy the lender's claim, and at any time that the
remaining balance of the claim is not greater than 75 percent of
the balance in the reserve fund at the time of the loss, the
commissioner, upon request of the lender, shall pay the
remaining balance of the claim.
Subd. 3. [RECOVERY BY LENDER SUBSEQUENT TO CLAIM.] If,
subsequent to payment of a claim by the commissioner, the lender
recovers from a borrower any amount for which payment of the
claim was made, the lender shall promptly pay to the
commissioner for deposit in the reserve fund the amount
recovered, less one-half of any documented out-of-pocket
expenses incurred. The lender need pay to the commissioner for
deposit in the reserve fund only amounts in excess of the amount
of recovery needed to fully cover the lender's loss on an
enrolled loan.
For the purposes of this subdivision and section 153, the
lender's loss on an enrolled loan includes any losses on the
loan including principal, accrued interest, and one-half of the
documented out-of-pocket expenses attributable to principal
amounts in excess of the amount covered under the program or the
principal amount included in the claim.
Sec. 153. [116J.8767] [SUBROGATION OF CLAIMS.]
Subdivision 1. [LIMITATION.] The commissioner may exercise
the right of subrogation under this section if the commissioner
determines, in the commissioner's discretion, that the lender
has not exercised reasonable care and diligence in its
collection activities with respect to the loan or that there is
a reasonable basis for believing that the lender will not
exercise reasonable care and diligence in the future with
respect to the collection activities.
Subd. 2. [ASSIGNMENT OF RIGHTS.] If the payment of a claim
has fully covered the lender's loss on an enrolled loan, or if
the payment of a claim when combined with any recovery from the
borrower has fully covered the lender's loss, the commissioner,
upon request, is subrogated to the rights of the lender with
respect to any collateral, security, or other right of recovery
in connection with the loan that has not been realized by the
lender. The lender thereafter shall assign to the commissioner
any right, title, or interest to any collateral, security, or
other right of recovery in connection with the loan.
Subd. 3. [LENDER OBLIGATIONS.] If an assignment has been
made, the commissioner is not required to undertake any
obligations of the lender under its loan documents, except for
any obligations directly related to the commissioner's assigned
rights of recovery in connection with the loan. The lender
shall fulfill any other obligations it may have under the loan
documents in the same manner and to the same degree as required
had the assignment not been made. The lender shall provide the
commissioner with all reasonable assistance the commissioner
requests in proceeding with respect to any collateral, security,
or other right of recovery, except that the lender need not
incur any out-of-pocket expenses.
Subd. 4. [PAYMENT OF LENDER'S LOSS.] If the commissioner
decides to exercise the right of subrogation in connection with
an enrolled loan and would be entitled to exercise the right
except for the fact that the lender's loss has not been fully
covered, the commissioner may pay from money in the reserve fund
an amount sufficient to fully cover the lender's loss even
though the payment may cover a principal amount not covered
under the program or not included in the lender's claim. Upon
making the payment, the commissioner is subrogated to the rights
of the lender.
Subd. 5. [RECOVERED FUNDS.] Any money received by the
commissioner as a result of enforcement actions taken with
respect to any collateral, security, or other rights of recovery
must be promptly deposited by the commissioner in the reserve
fund, less any out-of-pocket expenses incurred by the
commissioner in taking such enforcement actions.
Sec. 154. [116J.8768] [EXCESS RESERVE FUNDS.]
Subdivision 1. [REPORTS.] The lender shall file quarterly
reports with the commissioner indicating the number and
aggregate outstanding balance of all enrolled loans as of the
end of each quarter. A quarterly report is not required for any
quarter that ends with a balance in the reserve fund of zero,
except that a calendar year-end report must be filed. In
computing the aggregate outstanding balance of all enrolled
loans, the balance of any loan may not be greater than the
covered amount of the loan as enrolled.
Subd. 2. [WITHDRAWAL OF EXCESS RESERVE FUNDS.] (a) If
reports filed under this section indicate that for the
immediately preceding 24-month period the balance in the reserve
fund continually exceeded the aggregate outstanding balance of
all enrolled loans, the commissioner may withdraw from the
reserve fund, on or before the last day of the month for which a
report is due, an amount not greater than the amount by which
the reserve fund balance exceeded the aggregate outstanding
balance of all enrolled loans as of the most recent report,
unless the lender has provided to the commissioner adequate
documentation that at some time during that 24-month period the
aggregate outstanding balance of all enrolled loans exceeded the
balance then in the reserve fund. Any amounts withdrawn from
the reserve fund must be transferred to the account.
(b) If a report is not filed within 30 days of its original
due date, the commissioner may withdraw from the reserve fund
based on the commissioner's determination from an inspection of
the lender's files an amount not greater than the amount by
which the reserve fund balance exceeded the aggregate
outstanding balance of all enrolled loans as of the date for
which the report was required to be filed.
Sec. 155. [116J.8769] [TERMINATION.]
The commissioner may terminate the obligation to a lender
to enroll loans under the program if the commissioner determines
that the lender is not in substantial compliance with the
requirements of the program. The termination takes effect on
the date specified in the notice of termination, except that the
termination does not apply to any loan made on or before the
date on which the notice of termination is received by the
lender. If the commissioner is terminating the enrollment of
loans for all participating lenders under the program, the
commissioner shall provide notice of at least 90 days to the
lender. Any terminations under this section are prospective
only and do not apply to any loans previously refinanced. After
termination, the amount covered under the program may not be
increased beyond the covered amount as previously enrolled.
Sec. 156. Minnesota Statutes 1988, section 116J.970, is
amended to read:
116J.970 [SCIENCE AND TECHNOLOGY OFFICE DUTIES.]
Subdivision 1. [DUTIES.] The commissioner shall establish
an office of science and technology, which shall:
(1) provide assistance to the committee on science and
technology research and development established in section
116J.971;
(2) prepare and deliver to the legislature every January
15, a science and technology annual report that shall contain:
(i) a list of the scientifically and technologically
related research and development projects and development
activities funded by a grant or loan of state money;
(ii) guidelines that the legislature may use in allocating
state grant or loan money for scientifically and technologically
related research and development projects, to include
assessments of emerging technologies and those technologies that
provide significant promise for the development of job-creating
businesses; and
(iii) an analysis of the efficacy and completeness of the
decentralized research peer review processes mandated in section
116J.971, subdivision 5 6, with special emphasis on whether or
not scientifically and technologically related research and
development projects in Minnesota are in conformance with the
guidelines established in item (ii) section 116J.971,
subdivision 6, and whether or not the scientifically and
technologically related research and development projects have
or will result in creating scientifically and technologically
related jobs;
(3) keep a current roster of technology intensive
businesses in the state;
(4) collect and disseminate information on financial,
technical, marketing, management, and other services available
to technology intensive small and emerging businesses, including
potential sources of debt and equity capital;
(5) review the technological development potential of
various regions of the state and cooperate with and make
recommendations to the legislature, state agencies, the Greater
Minnesota Corporation, local governments, local technology
development agencies, the federal government, private
businesses, and individuals for the realization of the
development potential; and
(6) sponsor and conduct conferences and studies, collect
and disseminate information, and issue periodic reports relating
to scientifically and technologically related research and
development, and education in the state and represent the state
at appropriate interstate and national conferences; and
(7) take other action as assigned by the commissioner.
Sec. 157. Minnesota Statutes 1988, section 116J.971,
subdivision 3, is amended to read:
Subd. 3. [QUALIFICATIONS AND DUTIES OF THE COMMITTEE ON
SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT.] Members of the
committee on science and technology research and development
must be qualified in at least one of the five following areas:
economic development, academic and applied research, the
administration of research, the review of research processes,
and the management and development of technology intensive
companies. The committee shall:
(i) advise upon and approve by a majority vote the
guidelines required by section 116J.970, clause (2), item (ii);
(ii) advise the director of the office of science and
technology commissioner on the preparation of the analysis
required by section 116J.970, clause (2), item (iii);
(iii) approve the assignment of ad hoc advisory committees
on science and technology research and development as needed;
and
(iv) review and comment upon, if the committee considers it
to be necessary, the reports of the ad hoc advisory committees
and forward the reports to the director of the office of science
and technology commissioner.
Sec. 158. Minnesota Statutes 1988, section 116J.971,
subdivision 6, is amended to read:
Subd. 6. [PEER REVIEW PLANS.] A state agency, board,
commission, authority, or institution or other entity, including
the Greater Minnesota Corporation, that funds allocates state
money by a grant, loan, or contract for scientifically and
technologically related research shall establish a peer review
system to evaluate the research. The committee on science and
technology research and development shall recommend guidelines
for establishing effective peer review. An agency, board,
commission, authority, or institution that funds scientifically
and technologically related research shall, at least biennially,
present to the committee on science and technology research and
development or to ad hoc committees, as determined by the
committee on science and technology research and development, a
review and evaluation of the peer review process used in that
organization.
Sec. 159. Minnesota Statutes 1988, section 116J.971,
subdivision 7, is amended to read:
Subd. 7. [AUTHORITY TO PERFORM REQUESTED EVALUATIONS.] The
governor, commissioner or director of the office of science and
technology, speaker of the house of representatives, house of
representatives minority leader, senate majority leader, senate
minority leader, chair of the house of representatives
appropriations committee, chair of the senate finance committee,
or a member of the legislature considering the introduction or
approval of legislation containing funding for scientifically
and technologically related research and development, may
request the committee on science and technology research and
development to evaluate a loan or grant made or to be made or
the proposed legislation for funding scientifically and
technologically related research and development to determine
(1) whether it complies with the guidelines required by section
116J.970, clause (2), item (ii); (2) whether it is technically
feasible; and (3) for development proposals, whether the
proposal appears to have the potential for economic
development. Ad hoc committees may be appointed by the
committee on science and technology research and development to
perform these reviews.
Sec. 160. Minnesota Statutes 1988, section 116J.971,
subdivision 8, is amended to read:
Subd. 8. [AUTHORITY FOR REVIEW AND COMMENT UPON RESEARCH
AND DEVELOPMENT PROGRAMS.] Each agency, board, commission,
authority or, institution receiving an appropriation for the
funding of or other entity, including the Greater Minnesota
Corporation, that allocates state money by a grant, loan, or a
contract for scientifically and technologically related research
and development must notify the office of science and technology
commissioner within 60 days of making a loan or grant for
scientifically or technologically related research and
development. The notice shall contain a summary of the nature
of and significant objectives of the research and development
project funded by a grant or loan. The notice must also include
information on the size and timing of previous grants or loans
and anticipated additional funding needs. The committee on
science and technology research and development shall, at least
once each biennium, review scientifically and technologically
related research funded by a state agency, board, commission,
authority, or institution or other entity, including the Greater
Minnesota Corporation, to assess whether or not the research and
development is conducted in accordance with the guidelines
required by section 116J.970, clause (2), item (ii). The
committee's assessment shall be sent to the legislature on or
before January 15 of every odd-numbered year.
Sec. 161. Minnesota Statutes 1988, section 116J.971,
subdivision 9, is amended to read:
Subd. 9. [STAFF APPOINTMENTS.] The director of the office
of science and technology commissioner shall appoint those staff
members necessary to perform the functions of the science and
technology division duties of the commissioner required under
section 116J.970. The director commissioner shall appoint in
the unclassified service an executive director of the committee
on science and technology research and development, who shall
report to the director. The executive director must hold a
postbaccalaureate degree in scientific or technologically
related studies, or demonstrate experience in technological
policy formulation.
Sec. 162. [116J.985] [CERTIFIED DEVELOPMENT COMPANY.]
Subdivision 1. [PURPOSE; OBJECTIVES.] The commissioner may
create, promote, and assist a development company that will
qualify as a certified development company for the purposes of
United States Code, title 15, section 697, and Code of Federal
Regulations, title 13, section 108.503.
The commissioner shall use the development company program,
in conjunction with the other economic development programs
administered by the department, to stimulate the state's
economic activity.
The development company and its directors and officers
shall comply with the organizational, operational, regulatory,
and reporting requirements as adopted by the United States Small
Business Administration and the Minnesota department of trade
and economic development; the guidelines contained in the
bylaws; the articles of incorporation; and standard operating
procedure prescribed by the Small Business Administration.
Subd. 2. [CAPITAL, LOAN LIMITS; MEMBERSHIP REQUIREMENTS.]
The capital for a certified development company must be derived
from corporate holders or members, each of whom must not have
more than ten percent of the voting control of the development
company. The company must have a minimum of 25 members. The
members of the company from each economic development region
must represent, to the greatest extent practical, the same
proportion of the membership of the company as the population of
the economic development region is of the population of the
state.
Subd. 3. [MEMBERS.] Members must be representatives of
local government, community organizations, financial
institutions, and businesses in Minnesota and must, upon
application, have been accepted for membership by a majority
vote of the members of the board of directors present at a
regular or special meeting of the board at which there is a
quorum. Department of trade and economic development staff may
not be members of the development company. A "financial
institution" is a business organization recognized under
Minnesota or federal law as a banking institution, trust
company, savings and loan association, insurance company, or a
corporation, partnership, foundation, or other institution
licensed to do business in Minnesota and engaged primarily in
lending or investing money.
Subd. 4. [MEMBERSHIP APPLICATIONS.] Applications for
membership must be submitted to the development company's board
of directors on forms provided by the commissioner and
accompanied by additional information as the form may require.
Application forms must provide that if the application is
approved and the applicant accepted for membership by the
development company's board of directors before withdrawal of
the application, the applicant agrees to become a member upon
the acceptance and to assume the rights and obligations of a
member. Notice of approval or rejection of an application must
be forwarded, by certified or registered United States mail, to
the applicant for the attention of the person signing the
application, within 15 days following the date when the approval
or rejection is made. Approval of the application constitutes
acceptance of the applicant as a member of the corporation.
Subd. 5. [BOARD OF DIRECTORS.] The development company
bylaws must provide for a board of directors consisting of the
commissioner of trade and economic development as chairperson, a
vice-chairperson, and other members who are geographically
representative of the state.
Subd. 6. [OFFICERS.] The executive officers of the
development company are a president, one or more vice-presidents
including the executive vice-president, a secretary, and a
treasurer. The commissioner of trade and economic development
is the president of the development company. None of the
officers, except the president, need be directors. One person
may hold the offices and perform the duties of any two or more
of the offices. The development company's board of directors by
majority vote may leave unfilled, for any period it may fix, any
office except that of president, treasurer, or secretary.
Subd. 7. [ADMINISTRATION.] The commissioner of trade and
economic development shall administer all certified development
company programs.
Subd. 8. [REPORTS.] The development company shall submit
annual operation reports to the Small Business Administration
and the state legislature. When requested by the Small Business
Administration or the state legislature, interim reports of a
similar nature must be provided. The reports must be provided
in accordance with the instructions and attachments set by the
Small Business Administration. The development company shall
comply with all regulations issued under the Small Business
Investment Act of 1958, as amended; department of trade and
economic development operating procedures; and applicable state
and federal laws affecting its operation.
Subd. 9. [REVOLVING ACCOUNT.] The development company may
charge a one-time processing fee up to the maximum allowed by
the Small Business Administration on a debenture issued for loan
purposes. In addition, a fee for servicing loans may be imposed
up to the maximum allowed by the Small Business Administration
based on the unpaid balance of each debenture. These fees must
be deposited in the state treasury and credited to an account in
the special revenue fund. Money in the account is appropriated
to the commissioner to pay the costs of administering the
program, including personnel costs; compensate members of the
board of directors under section 15.0575, subdivision 3; and
create and operate a pool of money for investment in projects
that further the purposes of this section.
Sec. 163. [TRANSFER OF WASHINGTON OFFICE.]
The responsibility for operating the state of Minnesota's
Washington, D.C. office is transferred from the commissioner of
trade and economic development to the commissioner of state
planning under Minnesota Statutes, section 15.039. The revisor
of statutes shall renumber Minnesota Statutes, section 116J.613,
as section 116K.14.
Sec. 164. Minnesota Statutes 1988, section 116L.02, is
amended to read:
116L.02 [JOB SKILLS PARTNERSHIP PROGRAM.]
The Minnesota job skills partnership program is created to
act as a catalyst to bring together employers with specific
training needs with educational or other nonprofit institutions
which can design programs to fill those needs. The partnership
shall work closely with employers to train and place workers in
identifiable positions as well as assisting educational or other
nonprofit institutions in developing training programs that
coincide with current and future employer requirements. The
partnership shall provide grants to educational or other
nonprofit institutions for the purpose of training displaced
workers. A participating business must match the grant-in-aid
made by the Minnesota job skills partnership. Preference must
be given to a business located in a rural area. The match may
be in the form of funding, equipment, or faculty.
Sec. 165. Minnesota Statutes 1988, section 116L.03,
subdivision 2, is amended to read:
Subd. 2. [APPOINTMENT.] The Minnesota job skills
partnership board consists of: eight members appointed by the
governor, the commissioner of trade and economic development,
the commissioner of jobs and training, and the state director of
vocational technical education.
Sec. 166. Minnesota Statutes 1988, section 116L.03,
subdivision 7, is amended to read:
Subd. 7. [OFFICES.] The higher education coordinating
board department of trade and economic development shall provide
staff and administrative services for the board.
Sec. 167. Minnesota Statutes 1988, section 116L.04,
subdivision 1, is amended to read:
Subdivision 1. [GRANTS-IN-AID.] (a) The partnership may
provide grants-in-aid to educational or other nonprofit
institutions using the following guidelines:
(a) (1) the educational or other nonprofit institution is a
provider of training within the state in either the public or
private sector;
(b) (2) the program involves skills training that is an
area of employment need; and
(c) (3) preference will be given to educational or other
nonprofit institutions which serve economically disadvantaged
people, minorities, or those who are victims of economic
dislocation and to businesses located in rural areas.
Grants (b) A single grant to any one institution shall not
exceed $200,000 to any one institution.
Sec. 168. Minnesota Statutes 1988, section 116O.02, is
amended by adding a subdivision to read:
Subd. 6. [TECHNOLOGY RELATED ASSISTANCE.] "Technology
related assistance" means the transfer of technological
information and technologies to assist in the development and
production of new technology related products or services or to
increase the productivity or otherwise enhance the production or
delivery of existing products or services.
Sec. 169. Minnesota Statutes 1988, section 116O.03,
subdivision 1, is amended to read:
Subdivision 1. [NAME ESTABLISHMENT.] The Greater Minnesota
Corporation is established as a public corporation of the state
and is not subject to the laws governing a state agency except
as provided in this chapter. The business of the corporation
must be conducted under the name "Greater Minnesota Corporation."
Sec. 170. Minnesota Statutes 1988, section 116O.03, is
amended by adding a subdivision to read:
Subd. 1a. [PURPOSE.] The purpose of the corporation is to
foster long-term economic growth and job creation by stimulating
innovation and the development of new products, services, and
production processes through technology transfer, applied
research, and financial assistance. The corporation's purpose
is not to create new programs or services but to build on the
existing educational, business, and economic development
infrastructure. The primary focus of the corporation's
activities must be to benefit new or existing small and
medium-sized businesses in greater Minnesota.
Sec. 171. Minnesota Statutes 1988, section 116O.05, is
amended to read:
116O.05 [POWERS OF THE CORPORATION.]
Subdivision 1. [GENERAL CORPORATE POWERS.] (a) Except as
otherwise provided in this article, The corporation has the
powers granted to a business corporation by section 302A.161,
subdivisions 3; 4; 5; 7; 8; 9; 11; 12; 13, except that the
corporation may not act as a general partner in any partnership;
14; 15; 16; 17; 18; and 22.
(b) The state is not liable for the obligations of the
corporation.
(c) Section 302A.041 applies to this article chapter and
the corporation in the same manner that it applies to business
corporations established under chapter 302A.
Subd. 2. [DUTIES.] The corporation shall:
(1) establish programs, activities, and policies that
provide technology transfer and applied research and development
assistance to individuals, sole proprietorships, partnerships,
corporations, other business entities, and nonprofit
organizations in the state that are primarily new and existing
small and medium-sized businesses in greater Minnesota;
(2) provide or provide for technology related assistance to
individuals, sole proprietorships, partnerships, corporations,
other business entities, and nonprofit organizations;
(3) provide financial assistance under section 116O.06 to
assist the development of new products, services, or production
processes or to assist in bringing new products or services to
the marketplace;
(4) provide or provide for research services including
on-site research and testing of production techniques and
product quality;
(5) establish and operate regional research institutes as
provided for in section 116O.08;
(6) make matching research grants for applied research and
development to public and private post-secondary education
institutes as provided for in section 116O.11;
(7) enter into contracts for establishing formal
relationships with public or private research institutes or
facilities;
(8) establish the agricultural utilization research
institute under section 116O.09; and
(9) not duplicate existing services or activities provided
by other public and private organizations but shall build on the
existing educational, business, and economic development
infrastructure.
Subd. 3. [RULES.] The corporation is not subject to
chapter 14, but must publish in the State Register any
guidelines, policies, rules, or eligibility criteria prepared or
adopted by the corporation for any of its financial or
technology transfer programs.
Sec. 172. Minnesota Statutes 1988, section 116O.06,
subdivision 1, is amended to read:
Subdivision 1. [FINANCIAL ASSISTANCE; TYPES.] The
corporation may provide financial assistance to individuals,
sole proprietorships, businesses partnerships, corporations,
other business entities, or for-profit or nonprofit
organizations that have (1) received research assistance from a
corporation research facility or as a result of a research grant
under section 116O.09, subdivision 4, or 116O.011; or (2)
received favorable review through a peer review process
established under guidelines developed under section 116O.10,
subdivision 2. Financial assistance includes, but is not
limited to, loan guarantees or insurance, direct loans, and
interest subsidy payments. The corporation may participate in
loans by purchasing from a lender up to 50 percent of each loan.
Financial assistance under this section is for assisting in the
financing of a business's debt financing, product development
financing, or working capital needs.
Sec. 173. Minnesota Statutes 1988, section 116O.06,
subdivision 5, is amended to read:
Subd. 5. [PREFERENCE.] In providing financial assistance,
the corporation must give preference to individuals, sole
proprietorships, businesses partnerships, corporations, other
business entities, or organizations that are starting or
expanding their operations in greater Minnesota.
Sec. 174. Minnesota Statutes 1988, section 116O.08,
subdivision 2, is amended to read:
Subd. 2. [PURPOSE.] The purpose of the institutes is to
provide applied research and development services to
individuals, businesses, or organizations for the purposes of
developing the region's economy through the utilization of the
region's resources and the development of technology. Research
and development services may include on-site research, product
development grants, testing of production techniques and product
quality, marketing and business management assistance, and
feasibility studies.
Sec. 175. Minnesota Statutes 1988, section 116O.14, is
amended to read:
116O.14 [AUDITS.]
The corporation board shall contract with a certified
public accounting firm to do a financial and compliance audit of
the corporation and any subsidiary annually in accordance with
generally accepted accounting standards. A copy of this audit
must be submitted to the chairs of the senate finance and
economic development and housing committees, and the house
appropriations and economic development committees.
The books and records of the corporation and any
subsidiary, fund, or entity to be administered or governed by
the corporation are subject to audit without previous notice by
the legislative auditor The corporation is subject to the
auditing requirements under sections 3.971 and 3.972.
Sec. 176. Minnesota Statutes 1988, section 116O.15, is
amended to read:
116O.15 [REPORTS ANNUAL REPORT.]
The board shall submit a report to the appropriate chairs
of the senate economic development and housing and the house
economic development committees of the legislature and the
governor on the activities of the corporation by January
February 1 of each year. The report must include, at least, a
description of projects supported by the corporation, an account
of all grants made by the corporation during the calendar year,
the source and amount of all money collected and distributed by
the corporation, the corporation's assets and liabilities, an
explanation of administrative expenses, and any amendments to
the operational plan. the following:
(1) a description of each of the programs that the
corporation has provided or undertaken at some time during the
previous year. The description of each program must describe
(i) the statement of purpose for the program, (ii) the
administration of the program including the activities the
corporation was responsible for and the responsibilities that
other organizations had in administering the program, (iii) the
results of the program including how the results were measured,
(iv) the expenses of the program paid by the corporation, and
(v) the source of corporate and noncorporate funding for the
program;
(2) an identification of the sources of funding in the
previous year for the corporation and its programs including
federal, state and local government, foundations, gifts,
donations, fees, and all other sources;
(3) a description of the distribution of all money spent by
the corporation in the previous year including an identification
of the total expenditures, other than corporate administrative
expenditures, by sector of the economy;
(4) a description of the administrative expenses of the
corporation during the previous year;
(5) a listing of the assets and liabilities of the
corporation at the end of the previous fiscal year;
(6) a list and description of each grant awarded by the
corporation during the previous year;
(7) a description of any changes made to the operational
plan during the previous year; and
(8) a description of any newly adopted or significant
changes to bylaws, programmatic or administrative guidelines,
policies, rules, or eligibility criteria for programs created or
administered by the corporation during the previous year.
Reports must be made to the legislature as required by
section 3.195.
Sec. 177. Minnesota Statutes 1988, section 116O.03, is
amended by adding a subdivision to read:
Subd. 2a. [APPOINTMENT OF COMMISSIONER.] Notwithstanding
Minnesota Statutes, section 116O.03, subdivision 2, the
commissioner of trade and economic development is a member of
the Greater Minnesota Corporation's board of directors when the
first vacancy on the board occurs.
Sec. 178. Minnesota Statutes 1988, section 116P.08,
subdivision 1, is amended to read:
Subdivision 1. [EXPENDITURES.] Money in the trust fund may
be spent only for:
(1) the reinvest in Minnesota program as provided in
section 84.95, subdivision 2;
(2) research that contributes to increasing the
effectiveness of protecting or managing the state's environment
or natural resources;
(3) collection and analysis of information that assists in
developing the state's environmental and natural resources
policies;
(4) enhancement of public education, awareness, and
understanding necessary for the protection, conservation,
restoration, and enhancement of air, land, water, forests, fish,
wildlife, and other natural resources;
(5) capital projects for the preservation and protection of
unique natural resources;
(6) activities that preserve or enhance fish,
wildlife, land, air, water, and other natural resources that
otherwise may be substantially impaired or destroyed in any area
of the state;
(7) administrative and investment expenses incurred by the
state board of investment in investing deposits to the trust
fund; and
(8) administrative expenses subject to the limits in
section 116P.09.
Sec. 179. Minnesota Statutes 1988, section 116P.13, is
amended to read:
116P.13 [MINNESOTA FUTURE RESOURCES ACCOUNT FUND.]
Subdivision 1. [REVENUE SOURCES.] The money in the
Minnesota future resources account fund consists of revenue
credited under section 297.13, subdivision 1, clause (1).
Subd. 2. [INTEREST.] The interest attributable to the
investment of the Minnesota future resources account fund must
be credited to the account fund.
Subd. 3. [REVENUE PURPOSES.] Revenue in the Minnesota
future resources account fund may be spent for purposes of
natural resources acceleration and outdoor recreation, including
but not limited to the development, maintenance, and operation
of the state outdoor recreation system under chapter 86A and
regional recreation open space systems as defined under section
473.351, subdivision 1.
Sec. 180. Minnesota Statutes 1988, section 176.135,
subdivision 1, is amended to read:
Subdivision 1. [MEDICAL, PSYCHOLOGICAL, CHIROPRACTIC,
PODIATRIC, SURGICAL, HOSPITAL.] (a) The employer shall furnish
any medical, psychological, chiropractic, podiatric, surgical
and hospital treatment, including nursing, medicines, medical,
chiropractic, podiatric, and surgical supplies, crutches and
apparatus, including artificial members, or, at the option of
the employee, if the employer has not filed notice as
hereinafter provided, Christian Science treatment in lieu of
medical treatment, chiropractic medicine and medical supplies,
as may reasonably be required at the time of the injury and any
time thereafter to cure and relieve from the effects of the
injury. This treatment shall include treatments necessary to
physical rehabilitation. The employer shall furnish replacement
or repair for artificial members, glasses, or spectacles,
artificial eyes, podiatric orthotics, dental bridge work,
dentures or artificial teeth, hearing aids, canes, crutches, or
wheel chairs damaged by reason of an injury arising out of and
in the course of the employment. In case of the employer's
inability or refusal seasonably to do so the employer is liable
for the reasonable expense incurred by or on behalf of the
employee in providing the same, including costs of copies of any
medical records or medical reports that are in existence,
obtained from health care providers, and that directly relate to
the items for which payment is sought under this chapter,
limited to the charges allowed by subdivision 7, and attorney
fees incurred by the employee. No action to recover the cost of
copies may be brought until the commissioner adopts a schedule
of reasonable charges under subdivision 7. Attorney's fees
shall be determined on an hourly basis according to the criteria
in section 176.081, subdivision 5. The employer shall pay for
the reasonable value of nursing services by a member of the
employee's family in cases of permanent total disability.
(b) Both the commissioner and the compensation judges have
authority to make determinations under this section in
accordance with sections 176.106 and 176.305.
Sec. 181. Minnesota Statutes 1988, section 190.07, is
amended to read:
190.07 [APPOINTMENT; QUALIFICATIONS; RANK.]
There shall be an adjutant general of the state who shall
be appointed by the governor, who. The adjutant general shall
be a staff officer, who at the time of appointment shall be a
commissioned officer of the national guard of this state, with
not less than ten years military service in the armed forces of
this state or of the United States, at least three of which
shall have been commissioned and who shall have reached the
grade of a field officer.
The adjutant general shall hold rank equal to that of the
highest rank authorized for the army and air national guard in
the table of organization for units allotted to the state by the
department of the army, or the department of the air force, or
by both such departments, through the national guard bureau.
However, the adjutant general shall not be appointed to the rank
of major general without having 20 years service in the national
guard, of which two years has been in the rank of brigadier
general.
The term of the adjutant general shall hold office as
provided by United States Code, title 32, section 314, as
amended through is seven years from the date of appointment,
and. Section 15.06, subdivisions 3, 4, and 5, governs filling
of vacancies in the office of adjutant general. The adjutant
general shall not be removed from office during a term except
upon withdrawal of federal recognition or as otherwise provided
by the military laws of this state.
Sec. 182. [192.501] [FINANCIAL INCENTIVES FOR NATIONAL
GUARD MEMBERS.]
Subdivision 1. [REENLISTMENT BONUS.] (a) The adjutant
general shall establish a program providing a reenlistment bonus
for members of the Minnesota National Guard in accordance with
this section. An active member of the Minnesota National Guard
serving satisfactorily, as defined by the adjutant general,
shall be paid $250 per year for reenlisting in the Minnesota
National Guard.
(b) A member must reenlist in the Minnesota National Guard
for a minimum of three years.
(c) A member is eligible for subsequent reenlistment
bonuses to the extent that total years of bonus eligibility are
limited to 12 years.
(d) Bonus payments shall be paid in the month prior to the
anniversary of a member's current reenlistment.
(e) A member electing to receive tuition assistance under
subdivision 2, shall forfeit the reenlistment bonus for the
years that the tuition assistance is provided.
Subd. 2. [TUITION REIMBURSEMENT.] (a) The adjutant general
shall establish a program providing tuition reimbursement for
members of the Minnesota national guard in accordance with this
section. An active member of the Minnesota national guard
serving satisfactorily, as defined by the adjutant general,
shall be reimbursed for tuition paid to a post-secondary
education institution as defined by Minnesota Statutes, section
136A.15, subdivision 5, upon proof of satisfactory completion of
course work.
(b) In the case of tuition paid to a public institution
located in Minnesota, including any vocational or technical
school, tuition is limited to an amount equal to 50 percent of
the cost of tuition at that public institution, except as
provided in this section. In the case of tuition paid to a
Minnesota private institution or vocational or technical school
or a public or private institution or vocational or technical
school not located in Minnesota, reimbursement is limited to 50
percent of the cost of tuition for lower division programs in
the college of liberal arts at the twin cities campus of the
University of Minnesota in the most recent academic year, except
as provided in this section.
(c) If a member of the Minnesota national guard is killed
in the line of state active duty, the state shall reimburse 100
percent of the cost of tuition for post-secondary courses
satisfactorily completed by any surviving spouse and any
surviving dependents who are 21 years old or younger.
Reimbursement for surviving spouses and dependents is limited in
amount and duration as is reimbursement for the national guard
member.
(d) The amount of tuition reimbursement for each eligible
individual shall be determined by the adjutant general according
to rules formulated within 30 days of the effective date of this
section. Tuition reimbursement received under this section
shall not be considered by the Minnesota higher education
coordinating board or by any other state board, commission, or
entity in determining a person's eligibility for a scholarship
or grant-in-aid under sections 136A.09 to 136A.132.
Subd. 3. [RECORD KEEPING; RECRUITMENT AND RETENTION;
FISCAL MANAGEMENT.] The department of military affairs shall
keep an accurate record of the recipients of the reenlistment
bonus and tuition reimbursement programs. The department shall
report to the legislature on the effectiveness of the
reenlistment bonus and tuition reimbursement programs in
retaining and recruiting members for the Minnesota National
Guard. The report to the legislature shall be made by January 1
of each year. The report shall include a review of the effect
that the reenlistment bonus and tuition reimbursement programs
have on the enlistment and reenlistment of National Guard
members. The report shall include an accurate record of the
effect that both the tuition reimbursement program and the
reenlistment bonus program have on the recruitment and retention
of members by rank, unit location, race, and sex.
The department of military affairs shall make a specific
effort to recruit and retain women and members of minority
groups into the guard through the use of the tuition
reimbursement and reenlistment bonus programs.
Sec. 183. Minnesota Statutes 1988, section 192.51,
subdivision 2, is amended to read:
Subd. 2. [ACTIVE DUTY PAY.] When called into active
service by the governor, other than for encampment or maneuvers,
including the time necessarily consumed in travel, each enlisted
person of the military forces shall be paid by the state the pay
and the allowances, when not furnished in kind, provided by law
for enlisted persons of similar grade, rating and length of
service in the armed forces of the United States, or $65 $130 a
day, whichever is more.
Sec. 184. Minnesota Statutes 1988, section 221.67, is
amended to read:
221.67 [SERVICE OF PROCESS.]
The use of any of the public highways of this state for the
transportation of persons or property for compensation by a
motor carrier in interstate commerce shall be deemed an
irrevocable appointment by the carrier of the secretary of state
to be the carrier's true and lawful attorney upon whom may be
served all legal process in any action or proceeding brought
under this chapter against the carrier or the carrier's
executor, administrator, personal representative, heirs,
successors or assigns. This use is a signification of agreement
by the interstate motor carrier that any process in any action
against the carrier or the carrier's executor, administrator,
personal representative, heirs, successors, or assigns which is
so served shall be of the same legal force and validity as if
served upon the carrier personally. Service shall be made by
serving a copy thereof upon the secretary of state or by filing
a copy in the office of the secretary of state, together with
payment of a fee of $25 $35, and the service shall be sufficient
service upon the absent motor carrier if notice of the service
and a copy of the process are within ten days thereafter sent by
mail by the plaintiff to the defendant at the defendant's last
known address and the plaintiff's affidavit of compliance with
the provisions of this section and sections 221.60, 221.65, and
221.68 is attached to the summons.
Sec. 185. Minnesota Statutes 1988, section 256.482,
subdivision 3, is amended to read:
Subd. 3. [RECEIPT OF FUNDS.] Whenever any person, firm, or
corporation, or the federal government offers to the council
funds by the way of gift, grant, or loan, for purposes of
assisting the council to carry out its powers and duties, the
council may accept the offer by majority vote and upon
acceptance the chair shall receive the funds subject to the
terms of the offer. However, no money shall be accepted or
received as a loan nor shall any indebtedness be incurred except
in the manner and under the limitations otherwise provided by
law.
Sec. 186. Minnesota Statutes 1988, section 256.482, is
amended by adding a subdivision to read:
Subd. 5a. [TECHNOLOGY FOR PEOPLE WITH DISABILITIES.] The
council has the following duties related to technology for
people with disabilities:
(1) to identify individuals with disabilities, including
individuals from underserved groups, who reside in the state and
conduct an ongoing evaluation of their needs for
technology-related assistance;
(2) to identify and coordinate state policies, resources,
and services relating to the provision of assistive technology
devices and assistive technology services to individuals with
disabilities, including entering into interagency agreements;
(3) to provide assistive technology devices and assistive
technology services to individuals with disabilities and payment
for the provision of assistive technology devices and assistive
technology services;
(4) to disseminate information relating to
technology-related assistance and sources of funding for
assistive technology devices and assistive technology services
to individuals with disabilities, the families or
representatives of individuals with disabilities, individuals
who work for public agencies, and private entities that have
contact with individuals with disabilities, including insurers,
employers, and other appropriate individuals;
(5) to provide training and technical assistance relating
to assistive technology devices and assistive technology
services to individuals with disabilities, the families or
representatives of individuals with disabilities, individuals
who work for public agencies, and private entities that have
contact with individuals with disabilities, including insurers,
employers, and other appropriate individuals;
(6) to conduct a public awareness program focusing on the
efficacy and availability of assistive technology devices and
assistive technology services for individuals with disabilities;
(7) to assist statewide and community-based organizations
or systems that provide assistive technology services to
individuals with disabilities;
(8) to support the establishment or continuation of
partnerships and cooperative initiatives between the public
sector and the private sector;
(9) to develop standards, or where appropriate, apply
existing standards to ensure the availability of qualified
personnel for assistive technology devices;
(10) to compile and evaluate appropriate data relating to
the program; and
(11) to establish procedures providing for the active
involvement of individuals with disabilities, the families or
representatives of the individuals, and other appropriate
individuals in the development and implementation of the
program, and for individuals with disabilities who use assistive
technology devices and assistive technology services, for their
active involvement, to the maximum extent appropriate in
decisions relating to the assistive technology devices and
assistive technology services.
Sec. 187. [TRANSFER.]
The council on technology for people with disabilities,
created by executive order number 86-12, is transferred to the
council on disability. Minnesota Statutes, section 15.039,
applies to this transfer.
Sec. 188. Minnesota Statutes 1988, section 290.39,
subdivision 4, is amended to read:
Subd. 4. [VOTER REGISTRATION FORM.] The commissioner shall
insert securely in each individual income tax return form or
instruction booklet distributed in an even-numbered year a voter
registration form, returnable to the secretary of state,
designed according to rules adopted by the secretary of
state. This requirement applies to forms and booklets supplied
to post offices, banks, and other outlets, as well as to those
mailed directly to taxpayers.
Sec. 189. [290.432] [CORPORATE NONGAME WILDLIFE CHECKOFF.]
A corporation that files an income tax return may designate
on its original return that $1 or more shall be added to the tax
or deducted from the refund that would otherwise be payable by
or to that corporation and paid into the nongame wildlife
management account established by section 290.431 for use by the
section of wildlife in the department of natural resources for
its nongame wildlife program. The commissioner of revenue
shall, on the corporate tax return, notify filers of their right
to designate that a portion of their tax return be paid into the
nongame wildlife management account for the protection of
endangered natural resources. All interest earned on money
accrued in the nongame wildlife management account shall be
credited to the account by the state treasurer. The
commissioner of natural resources shall submit a work program
for each fiscal year to the legislative commission on Minnesota
resources in the form determined by the commission. None of the
money provided in this section may be spent unless the
commission has approved the work program.
The state pledges and agrees with all corporate
contributors to the nongame wildlife account to use the funds
contributed solely for the nongame wildlife program and further
agrees that it will not impose additional conditions or
restrictions that will limit or otherwise restrict the ability
of the commissioner of natural resources to use the available
funds for the most efficient and effective management of those
programs.
Sec. 190. Minnesota Statutes 1988, section 297.13,
subdivision 1, is amended to read:
Subdivision 1. [CIGARETTE TAX APPORTIONMENT.] Revenues
received from taxes, penalties, and interest under sections
297.01 to 297.13 and from license fees and miscellaneous sources
of revenue shall be deposited by the commissioner of revenue in
a separate and special fund, designated as the tobacco tax
revenue fund, in the state treasury and credited as follows:
(a) first to the general obligation special tax bond debt
service account in each fiscal year the amount required to
increase the balance on hand in the account on each December 1
to an amount equal to the full amount of principal and interest
to come due on all outstanding bonds whose debt service is
payable primarily from the proceeds of the tax to and including
the second following July 1; and
(b) after the requirements of paragraph (a) have been met:
(1) the revenue produced by one mill of the tax on
cigarettes weighing not more than three pounds a thousand and
two mills of the tax on cigarettes weighing more than three
pounds a thousand must be credited to the Minnesota future
resources account fund;
(2) the revenue produced by two mills of the tax on
cigarettes weighing not more than three pounds a thousand and
four mills of the tax on cigarettes weighing more than three
pounds a thousand must be credited to the Minnesota state water
pollution control fund created in section 116.16, provided that,
if the tax on cigarettes imposed by United States Code, title
26, section 5701, as amended, is reduced after June 1, 1985, an
additional one mill of the tax on cigarettes weighing not more
than three pounds a thousand and two mills of the tax on
cigarettes weighing more than three pounds a thousand must be
credited to the Minnesota state water pollution control fund
created in section 116.16 less any amount credited to the
general obligation special tax debt service account under
paragraph (a), with respect to bonds issued for the prevention,
control, and abatement of water pollution;
(3) the revenue produced by one mill of the tax on
cigarettes weighing not more than three pounds a thousand and
two mills of the tax on cigarettes weighing more than three
pounds a thousand must be credited to a public health fund,
provided that if the tax on cigarettes imposed by United States
Code, title 26, section 5701, as amended, is reduced after June
1, 1985, an additional two-tenths of one mill of the tax on
cigarettes weighing not more than three pounds a thousand and an
additional four-tenths of one mill of the tax on cigarettes
weighing more than three pounds a thousand must be credited to
the public health fund;
(4) the balance of the revenues derived from taxes,
penalties, and interest under sections 297.01 to 297.13 and from
license fees and miscellaneous sources of revenue shall be
credited to the general fund.
Sec. 191. Minnesota Statutes 1988, section 299D.03,
subdivision 7, is amended to read:
Subd. 7. [DISCHARGE OF TROOPER.] Every person employed and
designated as a state trooper under and pursuant to the
provisions of this section, after six 12 months of continuous
employment, shall continue in service and hold the position
without demotion, until suspended, demoted, or discharged in the
manner hereinafter provided for one or more of the causes
specified herein.
Sec. 192. Minnesota Statutes 1988, section 300.49,
subdivision 1, is amended to read:
Subdivision 1. [PAID TO SECRETARY OF STATE.] Domestic
corporations must pay to the secretary of state the following
fees:
(1) for articles of incorporation, $100;
(2) for filing any instrument required or permitted by
sections 300.01 to 300.68, $25 $35;
(3) for a merger, an additional fee of $25.
Sec. 193. Minnesota Statutes 1988, section 302A.011,
subdivision 11, is amended to read:
Subd. 11. [FILED WITH THE SECRETARY OF STATE.] "Filed with
the secretary of state" means that an original of a document
meeting the applicable requirements of this chapter, signed and
accompanied by a filing fee of $25 $35, has been delivered to
the secretary of state of this state. The secretary of state
shall endorse on the original the word "Filed" and the month,
day, year, and time of filing, record the document in the office
of the secretary of state, and return the document to the person
who delivered it for filing.
Sec. 194. Minnesota Statutes 1988, section 302A.153, is
amended to read:
302A.153 [EFFECTIVE DATE OF ARTICLES.]
Articles of incorporation are effective and corporate
existence begins when the articles of incorporation are filed
with the secretary of state accompanied by a payment
of $125 $135, which includes a $100 incorporation fee in
addition to the $25 $35 filing fee required by section 302A.011,
subdivision 11. Articles of amendment and articles of merger
are effective when filed with the secretary of state or at
another time within 30 days after filing if the articles of
amendment so provide. Articles of merger must be accompanied by
a fee of $50 $60, which includes a $25 merger fee in addition to
the $25 $35 filing fee required by section 302A.011, subdivision
11.
Sec. 195. Minnesota Statutes 1988, section 302A.821,
subdivision 4, is amended to read:
Subd. 4. [NOTICE OF REPEATED VIOLATION.] If a corporation
fails for two three consecutive years to file a registration
pursuant to the requirements of subdivision 1, the secretary of
state shall give notice by registered first class mail to the
corporation at its registered office that it has violated this
section and is subject to dissolution by the office of the
secretary of state if the delinquent registrations are not filed
pursuant to subdivision 1 within 60 days after the mailing of
the notice.
Sec. 196. Minnesota Statutes 1988, section 302A.821,
subdivision 5, is amended to read:
Subd. 5. [PENALTY.] (a) A corporation that has failed
for two three consecutive years to file a registration pursuant
to the requirements of subdivision 1, has been notified of the
failure pursuant to subdivision 4, and has failed to file the
delinquent registrations during the 60-day period described in
subdivision 4, may be dissolved by the secretary of state as
described in paragraph (b).
(b) Immediately after the expiration of the 60-day period
described in paragraph (a), if the corporation has not filed the
delinquent registrations, the secretary of state shall issue a
certificate of involuntary dissolution, and a copy of the
certificate shall be filed in the office of the secretary of
state. The original certificate and a notice explaining that
the corporation has been dissolved shall be sent to the
registered office of the corporation. The secretary of state
shall annually inform the attorney general and the commissioner
of revenue of the names of corporations dissolved under this
section during the preceding year. A corporation dissolved in
this manner is not entitled to the benefits of section 302A.781,
subdivision 1. The liability, if any, of the shareholders of a
corporation dissolved in this manner shall be determined and
limited in accordance with section 302A.557, except that the
shareholders shall have no liability to any director of the
corporation under section 302A.559, subdivision 2.
Sec. 197. Minnesota Statutes 1988, section 303.13,
subdivision 1, is amended to read:
Subdivision 1. [FOREIGN CORPORATION.] A foreign
corporation shall be subject to service of process, as follows:
(1) By service on its registered agent;
(2) When any foreign corporation authorized to transact
business in this state fails to appoint or maintain in this
state a registered agent upon whom service of process may be
had, or whenever any registered agent cannot be found at its
registered office in this state, as shown by the return of the
sheriff of the county in which the registered office is
situated, or by an affidavit of attempted service by any person
not a party, or whenever any corporation withdraws from the
state, or whenever the certificate of authority of any foreign
corporation is revoked or canceled, service may be made by
delivering to and leaving with the secretary of state, or with
any deputy or clerk in the corporation department of the
secretary of state's office, three copies thereof and a fee of
$25 $35; provided, that after a foreign corporation withdraws
from the state, pursuant to section 303.16, service upon the
corporation may be made pursuant to the provisions of this
section only when based upon a liability or obligation of the
corporation incurred within this state or arising out of any
business done in this state by the corporation prior to the
issuance of a certificate of withdrawal.
(3) If a foreign corporation makes a contract with a
resident of Minnesota to be performed in whole or in part by
either party in Minnesota, or if a foreign corporation commits a
tort in whole or in part in Minnesota against a resident of
Minnesota, such acts shall be deemed to be doing business in
Minnesota by the foreign corporation and shall be deemed
equivalent to the appointment by the foreign corporation of the
secretary of the state of Minnesota and successors to be its
true and lawful attorney upon whom may be served all lawful
process in any actions or proceedings against the foreign
corporation arising from or growing out of the contract or
tort. Process shall be served in duplicate upon the secretary
of state, together with a fee of $25 $35 and the secretary of
state shall mail one copy thereof to the corporation at its last
known address, and the corporation shall have 30 days within
which to answer from the date of the mailing, notwithstanding
any other provision of the law. The making of the contract or
the committing of the tort shall be deemed to be the agreement
of the foreign corporation that any process against it which is
so served upon the secretary of state shall be of the same legal
force and effect as if served personally on it within the state
of Minnesota.
Sec. 198. Minnesota Statutes 1988, section 303.21,
subdivision 3, is amended to read:
Subd. 3. [OTHER INSTRUMENTS.] A fee of $25 $35 shall be
paid to the secretary of state for filing any instrument, other
than the annual report required by section 303.14, required or
permitted to be filed under the provisions of this chapter. For
filing the annual report a fee of $20 must be paid to the
secretary of state. The fees shall be paid at the time of the
filing of the instrument.
Sec. 199. Minnesota Statutes 1988, section 307.08,
subdivision 5, is amended to read:
Subd. 5. The cost of authentication, identification,
marking, and rescue of unmarked or unidentified burial grounds
or burials shall be the responsibility of the state. The data
collected by this activity that has common value for natural
resource planning must be provided and integrated into the
Minnesota land management information system's geographic and
summary data bases according to published data compatibility
guidelines. Costs associated with this data delivery must be
borne by the state.
Sec. 200. Minnesota Statutes 1988, section 308.06,
subdivision 4, is amended to read:
Subd. 4. The original articles of incorporation shall be
filed with the secretary of state and a copy shall be recorded
in the office of the county recorder of the county in which the
principal place of business of the association is located. For
filing the articles of incorporation with the secretary of state
a fee of $60 shall be paid to the secretary of state. For
filing other documents required by this chapter with the
secretary of state, a fee of $25 $35 must be paid to the
secretary of state. An additional fee of $25 must be paid to
the secretary of state for filing a merger.
Sec. 201. Laws 1989, chapter 144, section 4, is amended to
read:
Sec. 4. [308A.021] [FILING FEE.]
Unless otherwise provided, the filing fee for documents
filed with the secretary of state is $25 $35.
Sec. 202. Minnesota Statutes 1988, section 317.67,
subdivision 2, is amended to read:
Subd. 2. The secretary of state shall collect a fee of
$25 $35 for filing any instrument that is required to be filed
under this chapter.
Sec. 203. 1989 H.F. No. 1203, section 2, subdivision 8, is
amended to read:
Subd. 9. [FILED WITH THE SECRETARY OF STATE.] "Filed with
the secretary of state" means that an original of a document
meeting the requirements of this chapter, signed, and
accompanied by a filing fee of $25 $35, has been delivered to
the secretary of state of this state. The secretary of state
shall endorse on the original the word "Filed" and the month,
day, year, and time of filing, record the document in the office
of the secretary of state, and return the document to the person
who delivered it for filing.
Sec. 204. 1989 H.F. No. 1203, section 20, subdivision 2,
is amended to read:
Subd. 2. [EFFECTIVE DATE.] Articles of incorporation are
effective and corporate existence begins when the articles of
incorporation are filed with the secretary of state accompanied
by a payment of $60 $70, which includes a $35 incorporation fee
in addition to the $25 $35 filing fee required by section 2,
subdivision 9 8. Articles of amendment are effective when filed
with the secretary of state or at another time within 31 days
after filing if the articles of amendment so provide.
Sec. 205. 1989 H.F. No. 1203, section 120, subdivision 1,
is amended to read:
Subdivision 1. [NOTICE FROM SECRETARY OF STATE;
REGISTRATION REQUIRED.] (a) Before February 1, 1990, the
secretary of state shall mail a corporate registration form by
first-class mail to each corporation at its last registered
office address listed in the records of the secretary of state.
The form must include the exact legal corporate name and
registered office address currently on file with the secretary
of state.
(b) A corporation that is subject to chapter 317 shall file
an initial corporate registration with the secretary of state
between January 1, 1990, and December 31, 1990. The
registration must include the exact legal corporate name and
registered office address of the corporation and must be signed
by an authorized person. If the current registered office
address listed in the records of the secretary of state is not
in compliance with section 2, subdivision 2, or if the
corporation has changed its registered office address to an
address other than that listed with the secretary of state, the
corporation shall list a new registered office address that
complies with section 2, subdivision 2, on the registration
form. A fee of $25 $35 must be paid for filing the registered
office address change. The new registered office address must
have been approved by the board.
Sec. 206. 1989 H.F. No. 1203, section 121, subdivision 1,
is amended to read:
Subdivision 1. [NOTICE FROM SECRETARY OF STATE;
REGISTRATION REQUIRED.] (a) Before February 1 of each year, the
secretary of state shall mail a corporate registration form by
first-class mail to each corporation that incorporated or filed
a corporate registration during either of the previous two
calendar years at its last registered office address listed on
the records of the secretary of state. The form must include
the exact legal corporate name and registered office address
currently on file with the secretary of state.
(b) A corporation shall file a corporate registration with
the secretary of state once each calendar year. The
registration must include the exact legal corporate name and
registered office address of the corporation and must be signed
by an authorized person. If the corporation has changed its
registered office address to an address other than that listed
on the records of the secretary of state, the corporation shall
list the new registered office address on the registration
form. A fee of $25 $35 must be paid for filing the registered
office address change. The new address must comply with section
2, subdivision 2, and must have been approved by the board.
Sec. 207. 1989 H.F. No. 1203, section 121, subdivision 3,
is amended to read:
Subd. 3. [NOTICE; DISSOLUTION.] If a corporation fails to
file a report required under this section for two consecutive
calendar years, the secretary of state shall give notice to the
corporation by first-class mail at its registered office that it
has violated this section and is subject to dissolution under
section 123 if the delinquent registrations are not filed with a
$25 $35 fee within 60 days after the mailing of the notice. A
corporation that fails to file the delinquent annual
registrations within the 60 days is dissolved under section 123.
Sec. 208. Minnesota Statutes 1988, section 322A.16, is
amended to read:
322A.16 [FILING IN OFFICE OF SECRETARY OF STATE.]
(a) A signed copy of the certificate of limited
partnership, of any certificates of amendment or cancellation or
of any judicial decree of amendment or cancellation shall be
delivered to the secretary of state. A person who executes a
certificate as an agent or fiduciary need not exhibit evidence
of the executor's authority as a prerequisite to filing. Unless
the secretary of state finds that any certificate does not
conform to law, upon receipt of a $25 $35 filing fee and, in the
case of a certificate of limited partnership, a $60 initial fee,
the secretary shall:
(1) endorse on the original the word "Filed" and the day,
month and year of the filing; and
(2) return the original to the person who filed it or a
representative.
(b) Upon the filing of a certificate of amendment or
judicial decree of amendment in the office of the secretary of
state, the certificate of limited partnership shall be amended
as set forth in the amendment, and upon the effective date of a
certificate of cancellation or a judicial decree of it, the
certificate of limited partnership is canceled.
Sec. 209. Minnesota Statutes 1988, section 330.11,
subdivision 3, is amended to read:
Subd. 3. Every nonresident applicant shall file an
irrevocable consent that suits and actions may be commenced
against such applicant in any court of competent jurisdiction in
this state by the service on the secretary of state of any
summons, process, or pleadings authorized by the laws of the
state of Minnesota. This consent shall stipulate that the
service of such process or pleadings on the secretary of state
shall be taken and held in all courts to be as valid and binding
as if due service had been made upon the applicant in the state
of Minnesota. In case any summons, process, or pleadings are
served upon the secretary of state, it shall be by duplicate
copies, one of which shall be retained in the office of the
secretary of state, and the other to be forwarded immediately by
certified mail to the address of the applicant, as shown by the
records of the secretary of state, against whom the summons,
process, or pleadings may be divested. A fee of $25 $35 must be
paid to the secretary of state for each service.
Sec. 210. Minnesota Statutes 1988, section 333.055,
subdivision 3, is amended to read:
Subd. 3. The secretary of state shall charge and collect:
(a) For the filing of each certificate or amended
certificate of an assumed name - $15 $25
(b) Certificate renewal fee - $15 $25.
Sec. 211. Minnesota Statutes 1988, section 333.20,
subdivision 4, is amended to read:
Subd. 4. The application for registration shall be
accompanied by a filing fee of $25 $35, payable to the secretary
of state; provided, however, that a single credit of $10 shall
be given each applicant applying for reregistration of a mark
hereunder for each $10 filing fee paid by applicant for
registration of the same trademark prior to the effective date
of sections 333.18 to 333.31.
Sec. 212. Minnesota Statutes 1988, section 333.22,
subdivision 1, is amended to read:
Subdivision 1. Registration of a mark hereunder shall be
effective for a term of ten years from the date of registration
and, upon application filed within six months prior to the
expiration of such term or a renewal thereof, on a form to be
furnished by the secretary of state, the registration may be
renewed for additional ten-year terms provided that the mark is
in use by the applicant at the time of the application for
renewal and that there are no intervening rights. A renewal fee
of $12 $22 payable to the secretary of state shall accompany the
application for renewal of the registration.
Sec. 213. Minnesota Statutes 1988, section 333.23, is
amended to read:
333.23 [CONVEYANCES OF MARKS; RECORDATION, FEE, NECESSITY.]
The secretary of state shall record written conveyances of
any mark along with that part of the goodwill of the business in
connection with which the mark is used, and of the corresponding
application or registration which is presented for recording
along with a payment of a fee of $5 $15 and shall issue in the
name of the assignee a new certificate for the remainder of the
term of the registration or of the last renewal thereof. An
assignment of any registration under sections 333.18 to 333.31
shall be void as against any subsequent purchaser for valuable
consideration without notice unless it is recorded with the
secretary of state within three months after the date thereof or
prior to such subsequent purchase.
Sec. 214. Minnesota Statutes 1988, section 336.9-302, is
amended to read:
336.9-302 [WHEN FILING IS REQUIRED TO PERFECT SECURITY
INTEREST; SECURITY INTERESTS TO WHICH FILING PROVISIONS OF THIS
ARTICLE DO NOT APPLY.]
(1) A financing statement must be filed to perfect all
security interest except the following:
(a) A security interest in collateral in possession of the
secured party under section 336.9-305;
(b) A security interest temporarily perfected in
instruments or documents without delivery under section
336.9-304 or in proceeds for a 20 day period under section
336.9-306;
(c) A security interest created by an assignment of a
beneficial interest in a trust or a decedent's estate;
(d) A purchase money security interest in consumer goods;
but filing is required for a motor vehicle required to be
registered; and fixture filing is required for priority over
conflicting interests in fixtures to the extent provided in
section 336.9-313;
(e) An assignment of accounts which does not alone or in
conjunction with other assignments to the same assignee transfer
a significant part of the outstanding accounts of the assignor;
(f) A security interest of a collecting bank (section
336.4-208) or in securities (section 336.8-321) or arising under
the article on sales (see section 336.9-113) or covered in
subsection (3) of this section;
(g) An assignment for the benefit of all the creditors of
the transferor, and subsequent transfers by the assignee
thereunder.
(2) If a secured party assigns a perfected security
interest, no filing under this article is required in order to
continue the perfected status of the security interest against
creditors of and transferees from the original debtor.
(3) The filing of a financing statement otherwise required
by this article is not necessary or effective to perfect a
security interest in property subject to the following statutes
or treaties; except that to the extent such statutes or treaties
are silent on a specific matter, the provisions of this article
shall govern:
(a) a statute or treaty of the United States which provides
for a national or international registration or a national or
international certificate of title or which specifies a place of
filing different from that specified in this article for filing
of the security interest; or
(b) the following statutes of this state;
(i) Sections 168A.01 to 168A.31 and sections 222 to 242;
but during any period in which collateral is inventory held for
sale by a person who is in the business of selling goods of that
kind, the filing provisions of this article (part 4) apply to a
security interest in that collateral created by the person as a
debtor; or
(ii) Sections 300.11 to 300.115.
(c) a certificate of title statute of another jurisdiction
under the law of which indication of a security interest on the
certificate is required as a condition of perfection (subsection
(2) of section 336.9-103).
(4) Compliance with a statute or treaty described in
subsection (3) is equivalent to the filing of a financing
statement under this article, and a security interest in
property subject to the statute or treaty can be perfected only
by compliance therewith except as provided in section 336.9-103
on multiple state transactions. A security interest perfected
by compliance with such a statute or treaty is governed by this
article in all respects not inconsistent with the provisions of
the statute or treaty under which it was perfected, provided
that this article shall not be deemed inconsistent if it
provides for a more extensive duration of effectiveness.
Sec. 215. Minnesota Statutes 1988, section 336.9-403, is
amended to read:
336.9-403 [WHAT CONSTITUTES FILING; DURATION OF FILING;
EFFECT OF LAPSED FILING; DUTIES OF FILING OFFICER.]
(1) Presentation for filing of a financing statement and
tender of the filing fee or acceptance of the statement by the
filing officer constitutes filing under this article.
(2) Except as provided in subsection (6) a filed financing
statement is effective for a period of five years from the date
of filing. The effectiveness of a filed financing statement
lapses on the expiration of the five-year period unless a
continuation statement is filed prior to the lapse. If a
security interest perfected by filing exists at the time
insolvency proceedings are commenced by or against the debtor,
the security interest remains perfected until termination of the
insolvency proceedings and thereafter for a period of 60 days or
until expiration of the five-year period, whichever occurs later
regardless of whether the financing statement filed as to that
security interest is destroyed by the filing officer pursuant to
subsection (3). Upon lapse the security interest becomes
unperfected, unless it is perfected without filing. If the
security interest becomes unperfected upon lapse, it is deemed
to have been unperfected as against a person who became a
purchaser or lien creditor before lapse.
(3) A continuation statement may be filed by the secured
party within six months prior to the expiration of the five-year
period specified in subsection (2). Any such continuation
statement must be signed by the secured party, set forth the
name and address of the debtor and secured party as those items
appear on the original financing statement or the most recently
filed amendment, identify the original statement by file number
and filing date, and state that the original statement is still
effective. A continuation statement signed by a person other
than the secured party of record must be accompanied by a
separate written statement of assignment signed by the secured
party of record and complying with subsection (2) of section
336.9-405, including payment of the required fee. Upon timely
filing of the continuation statement, the effectiveness of the
original statement is continued for five years after the last
date to which the filing was effective whereupon it lapses in
the same manner as provided in subsection (2) unless another
continuation statement is filed prior to such lapse. Succeeding
continuation statements may be filed in the same manner to
continue the effectiveness of the original statement. Unless a
statute on disposition of public records provides otherwise, the
filing officer may remove a lapsed statement from the files and
destroy it immediately if the officer has retained a microfilm
or other photographic record, or in other cases after one year
after the lapse. The filing officer shall so arrange matters by
physical annexation of financing statements to continuation
statements or other related filings, or by other means, that if
the officer physically destroys the financing statements of a
period more than five years past, those which have been
continued by a continuation statement or which are still
effective under subsection (6) shall be retained. If insolvency
proceedings are commenced by or against the debtor, the secured
party shall notify the filing officer both upon commencement and
termination of the proceedings, and the filing officer shall not
destroy any financing statements filed with respect to the
debtor until termination of the insolvency proceedings. The
security interest remains perfected until termination of the
insolvency proceedings and thereafter for a period of 60 days or
until expiration of the five-year period, whichever occurs later.
(4) Except as provided in subsection (7) a filing officer
shall mark each statement with a file number and with the date
and hour of filing and shall hold the statement or a microfilm
or other photographic copy thereof for public inspection. In
addition the filing officer shall index the statements according
to the name of the debtor and shall note in the index the file
number and the address of the debtor given in the statement.
(5) The secretary of state shall prescribe uniform forms
for statements and samples thereof shall be furnished to all
filing officers in the state. The uniform fee for filing and
indexing and for stamping a copy furnished by the secured party
to show the date and place of filing for an original financing
statement or for a continuation statement shall be $5 $7 if the
statement is in the standard form prescribed by the secretary of
state and otherwise shall be $10, plus in each case, if the
financing statement is subject to subsection (5) of section
336.9-402, $5. An additional fee of $5 $7 shall be collected if
more than one name is required to be indexed or if the secured
party chooses to show a trade name for any debtor listed. There
shall be no The uniform fee collected for the filing of an
amendment to a financing statement if the amendment is in the
standard form prescribed by the secretary of state and does not
add additional debtor names to the financing statement shall be
$7. The fee for an amendment adding additional debtor names
shall be $5 $14 if the amendment is in the form prescribed by
the secretary of state and, if otherwise, $10 $17. The fee for
an amendment which is not in the form prescribed by the
secretary of state but which does not add additional names shall
be $5 $10.
The secretary of state shall adopt rules for filing,
amendment, continuation, termination, removal, and destruction
of financing statements.
(6) If the debtor is a transmitting utility (subsection (5)
of section 336.9-401) and a filed financing statement so states,
it is effective until a termination statement is filed. A real
estate mortgage which is effective as a fixture filing under
subsection (6) of section 336.9-402 remains effective as a
fixture filing until the mortgage is released or satisfied of
record or its effectiveness otherwise terminates as to the real
estate.
(7) When a financing statement covers timber to be cut or
covers minerals or the like (including oil and gas) or accounts
subject to subsection (5) of section 336.9-103, or is filed as a
fixture filing, it shall be filed for record and the filing
officer shall index it under the names of the debtor and any
owner of record shown on the financing statement in the same
fashion as if they were the mortgagors in a mortgage of the real
estate described, and, to the extent that the law of this state
provides for indexing of mortgages under the name of the
mortgagee, under the name of the secured party as if the secured
party were the mortgagee thereunder, or, for filing offices
other than the secretary of state, where indexing is by
description in the same fashion as if the financing statement
were a mortgage of the real estate described. If requested of
the filing officer on the financing statement, a financing
statement filed for record as a fixture filing in the same
office where nonfixture filings are made is effective, without a
dual filing, as to collateral listed thereon for which filing is
required in such office pursuant to section 336.9-401 (1) (a);
in such case, the filing officer shall also index the recorded
statement in accordance with subsection (4) using the recording
data in lieu of a file number.
(8) The fees provided for in this article shall supersede
the fees for similar services otherwise provided for by law
except in the case of security interests filed in connection
with a certificate of title on a motor vehicle.
Sec. 216. Minnesota Statutes 1988, section 336.9-405, is
amended to read:
336.9-405 [ASSIGNMENT OF SECURITY INTEREST; DUTIES OF
FILING OFFICER; FEES.]
(1) A financing statement may disclose an assignment of a
security interest in the collateral described in the financing
statement by indication in the financing statement of the name
and address of the assignee or by an assignment itself or a copy
thereof on the face of the statement. On presentation to the
filing officer of such a financing statement the filing officer
shall mark the same as provided in section 336.9-403(4). The
uniform fee for filing, indexing, and furnishing filing data for
a financing statement so indicating an assignment shall be the
same as the fee prescribed in section 336.9-403, clause (5).
(2) A secured party of record may record an assignment of
all or a part of the secured party's rights under a financing
statement by the filing in the place where the original
financing statement was filed of a separate written statement of
assignment signed by the secured party of record, setting forth
the name and address of the secured party of record and the
debtor as those items appear on the original financing statement
or the most recently filed amendment, identifying the file
number and the date of filing of the financing statement, giving
the name and address of the assignee and containing a
description of the collateral assigned. A copy of the
assignment is sufficient as a separate statement if it complies
with the preceding sentence. On presentation to the filing
officer of such a separate statement, the filing officer shall
mark such separate statement with the date and hour of the
filing. The filing officer shall note the assignment on the
index of the financing statement, or in the case of a fixture
filing, or a filing covering timber to be cut, or covering
minerals or the like (including oil and gas) or accounts subject
to subsection (5) of section 336.9-103. The filing officer
shall also index the assignment under the name of the assignor
as grantor and, to the extent that the law of this state
provides for indexing the assignment of a mortgage under the
name of the assignee, index the assignment of the financing
statement under the name of the assignee. The uniform fee for
filing, indexing, and furnishing filing data about such a
separate statement of assignment shall be $5 $7 if the statement
is in the standard form prescribed by the secretary of state and
otherwise shall be $10, plus in each case, if the original
financing statement was subject to subsection (5) of section
336.9-402, the fee prescribed by section 357.18, subdivision 1,
clause (1). An additional fee of $5 $7 shall be charged if
there is more than one name against which the statement of
assignment is required to be indexed. Notwithstanding the
provisions of this subsection, an assignment of record of a
security interest in a fixture contained in a mortgage effective
as a fixture filing (subsection (6) of section 336.9-402) may be
made only by an assignment of the mortgage in the manner
provided by the law of this state other than Laws 1976, chapter
135.
(3) After the disclosure or filing of an assignment under
this section, the assignee is the secured party of record.
Sec. 217. Minnesota Statutes 1988, section 336.9-406, is
amended to read:
336.9-406 [RELEASE OF COLLATERAL; DUTIES OF FILING OFFICER;
FEES.]
A secured party of record may by signed statement release
all or a part of any collateral described in a filed financing
statement. The statement of release is sufficient if it
contains a description of the collateral being released, the
name and address of the debtor and secured party as those items
appear on the original financing statement or the most recently
filed amendment, and identifies the original financing statement
by file number and filing date. A statement of release signed
by a person other than the secured party of record must be
accompanied by a separate written statement of assignment signed
by the secured party of record and complying with subsection (2)
of section 336.9-405, including payment of the required fee.
Upon being presented with such a statement of release the filing
officer shall mark the statement with the hour and date of
filing and shall note the same upon the margin of the index of
the filing of the financing statement. There shall be no The
uniform fee for filing and noting such a statement of
release shall be $7 if the statement is in the standard form
prescribed by the secretary of state and otherwise shall
be $5 $10, plus in each case, if the original financing
statement was subject to subsection (5) of section 336.9-402,
the fee prescribed by section 357.18, subdivision 1, clause (1).
Sec. 218. Minnesota Statutes 1988, section 336.9-407, is
amended to read:
336.9-407 [INFORMATION FROM FILING OFFICER.]
(1) If the person filing any financing statement,
termination statement, statement of assignment, or statement of
release, furnishes the filing officer a copy thereof, the filing
officer shall upon request note upon the copy the file number
and date and hour of the filing of the original and deliver or
send the copy to such person.
(2) Upon request of any person, the filing officer shall
conduct a search of the statewide computerized uniform
commercial code data base for any effective financing statements
naming a particular debtor and any statement of assignment
thereof. The filing officer shall report the findings as of
that date and hour by issuing:
(a) a certificate listing the file number, date, and hour
of each filing and the names and addresses of each secured party
therein;
(b) photocopies of those original documents on file and
located in the office of the filing officer; or
(c) upon request, both the certificate and the photocopies
referred to in (b).
The uniform fee for conducting the search and for preparing
a certificate showing up to five listed filings or for preparing
up to five photocopies of original documents, or any combination
of up to five listed filings and photocopies, shall be $5 $7 if
the request is in the standard form prescribed by the secretary
of state and otherwise shall be $10. Another fee, at the same
rate, shall also be charged for conducting a search and
preparing a certificate showing federal and state tax liens on
file with the filing officer naming a particular debtor. There
shall be an additional fee of 50 cents for each financing
statement and each statement of assignment or tax lien listed on
the certificate and for each photocopy prepared in excess of the
first five. Notwithstanding the fees set in this section, a
natural person who is the subject of data must, upon the
person's request, be shown the data without charge, and upon
request be provided with photocopies of the data upon payment of
no more than the actual cost of making the copies.
Sec. 219. Minnesota Statutes 1988, section 336.9-413, is
amended to read:
336.9-413 [UNIFORM COMMERCIAL CODE ACCOUNT.]
(a) The uniform commercial code account is established as
an account in the state treasury.
(b) The filing officer with whom a financing statement,
amendment, assignment, statement of release, or continuation
statement is filed, or to whom a request for search is made,
shall collect a $2 $3 surcharge on each filing or search. By
the 15th day following the end of each fiscal quarter, each
county recorder shall forward the receipts from the surcharge
accumulated during that fiscal quarter to the secretary of
state. The surcharge does not apply to a search request made by
a natural person who is the subject of the data to be searched
except when a certificate is requested as a part of the search.
(c) The surcharge amounts received from county recorders
and the surcharge amounts collected by the secretary of state's
office must be deposited in the state treasury and credited to
the uniform commercial code account.
(d) Fees that are not expressly set by statute but are
charged by the secretary of state to offset the costs of
providing a service under sections 336.9-411 to 336.9-413 must
be deposited in the state treasury and credited to the uniform
commercial code account.
(e) Fees that are not expressly set by statute but are
charged by the secretary of state to offset the costs of
providing information contained in the computerized records
maintained by the secretary of state must be deposited in the
state treasury and credited to the uniform commercial code
account.
(f) Money in the uniform commercial code account is
continuously appropriated to the secretary of state to implement
and maintain the computerized uniform commercial code filing
system under section 336.9-411 and to provide
electronic-view-only access to other computerized records
maintained by the secretary of state.
Sec. 220. Minnesota Statutes 1988, section 349.213,
subdivision 1, is amended to read:
Subdivision 1. [LOCAL REGULATION.] A statutory or home
rule city or county has the authority to adopt more stringent
regulation of any form of lawful gambling within its
jurisdiction, including the prohibition of any form of lawful
gambling, and may require a permit for the conduct of gambling
exempt from licensing under section 349.214. The fee for a
permit issued under this subdivision may not exceed $100. The
authority granted by this subdivision does not include the
authority to require a license or permit to conduct gambling by
organizations or sales by distributors licensed by the board.
The authority granted by this subdivision does not include the
authority to require an organization to make specific
expenditures of more than ten percent from its net profits
derived from lawful gambling. For the purposes of this
subdivision, net profits are profits less amounts expended for
allowable expenses. A statutory or home rule charter city or a
county may not require an organization conducting lawful
gambling within its jurisdiction to make an expenditure to the
city or county as a condition to operate within that city or
county, except as authorized under section 349.16, subdivision
4, or section 349.212.; provided, however, that an ordinance
requirement that such organizations must contribute ten percent
of their net profits derived from lawful gambling to a fund
administered and regulated by the responsible local unit of
government without cost to such fund, for disbursement by the
responsible local unit of government of the receipts for lawful
purposes, is not considered an expenditure to the city or county
nor a tax under section 349.212, and is valid and lawful.
Sec. 221. Minnesota Statutes 1988, section 361.03, is
amended by adding a subdivision to read:
Subd. 3a. [WATERCRAFT SURCHARGE.] A surcharge of $2 is
placed on each watercraft licensed under subdivision 3, that is
17 feet in length or longer, for management of purple
loosestrife and Eurasian water milfoil according to law.
CHAPTER 361A
WATERCRAFT TITLING
Sec. 222. [361A.01] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to this chapter.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of natural resources.
Subd. 3. [DEALER.] "Dealer" means a person who: (1) is in
the business of manufacturing, distributing, selling, or
purchasing new or used watercraft; (2) has an established place
of business for the sale, trade, and display of watercraft; and
(3) possesses watercraft for the purpose of sale or trade.
Subd. 4. [DEPARTMENT.] "Department" means the department
of natural resources.
Subd. 5. [DEPUTY REGISTRAR.] "Deputy registrar" means a
person appointed or hired by the commissioner of public safety
under section 168.33.
Subd. 6. [MANUFACTURER.] "Manufacturer" means a person
engaged in the business of constructing or assembling watercraft
required to have a certificate of title.
Subd. 7. [MANUFACTURER'S OR IMPORTER'S CERTIFICATE OF
ORIGIN.] "Manufacturer's or importer's certificate of origin"
means a certificate with the authorized signature of the
manufacturer or importer of a watercraft, describing and
identifying the watercraft, giving the name and address of the
person to whom the watercraft is first sold by the manufacturer
or importer, and containing executed assignments of the
watercraft to an applicant for a certificate of title on the
watercraft in this state.
Subd. 8. [OWNER.] "Owner" means a person, other than a
secured party, having the title to a watercraft. "Owner"
includes a person entitled to use or possess the watercraft,
subject to a security interest in another person, reserved or
created by agreement and securing payment of performance of an
obligation, but "owner" does not include a lessee under a lease
not intended as security.
Subd. 9. [PERSON.] "Person" means an individual, firm,
partnership, association, corporation, or governmental
organization.
Subd. 10. [SECURED PARTY.] "Secured party" means a secured
party as defined in section 336.9-105, subsection (1)(m), having
a security interest in a watercraft and includes a lienholder.
Subd. 11. [SECURITY AGREEMENT.] "Security agreement" has
the meaning given it in section 336.9-105, subsection (1)(l).
Subd. 12. [SECURITY INTEREST.] "Security interest" has the
meaning given it in section 336.1-201, subsection (37), and
includes statutory liens for which lien statements are filed.
Subd. 13. [TITLED WATERCRAFT.] "Titled watercraft" means a
watercraft required to have a certificate of title under section
223, subdivision 1, or for which a certificate of title has been
issued under section 223, subdivision 3.
Subd. 14. [WATERCRAFT.] "Watercraft" means a device used
or designed for navigation on water that is greater than 16 feet
in length, as defined in section 361.02, subdivision 14, but
does not include:
(1) a row-type fishing boat of single hull construction,
with oar locks and an outboard motor capacity rating of less
than 40 horsepower;
(2) a canoe;
(3) a kayak;
(4) a ship's lifeboat;
(5) a vessel of at least five net tons measured in Code of
Federal Regulations, title 46, part 69, that is documented under
Code of Federal Regulations, title 46, subpart 67.01; or
(6) a seaplane.
Subd. 15. [WATERS OF THIS STATE.] "Waters of this state"
means waters capable of substantial public use and waters to
which the public has access, that are within the territorial
limits of this state, including boundary waters.
Sec. 223. [361A.02] [CERTIFICATE OF TITLE REQUIRED.]
Subdivision 1. [REQUIREMENT.] Except as provided in
subdivision 2, a watercraft used on the waters of the state must
have a certificate of title if:
(1) the watercraft is owned by a resident of this state and
is kept in the state for more than 90 consecutive days; or
(2) the watercraft is kept in the state for more than 60
consecutive days and has not been issued a certificate of title
or similar document from another jurisdiction.
Subd. 2. [EXEMPT WATERCRAFT.] A watercraft is not required
to have a certificate of title if the watercraft is:
(1) owned by a manufacturer or dealer and held for sale;
(2) used by a manufacturer solely for testing;
(3) from a jurisdiction other than this state, temporarily
using the waters of this state;
(4) owned by the United States, a state, this state, or a
political subdivision;
(5) a duck boat used only during duck hunting season;
(6) a rice boat used only during the wild rice harvesting
season;
(7) owned by a person, firm, or corporation operating a
resort as defined in section 157.01, subdivision 1, or a
recreational camping area as defined in section 327.14,
subdivision 8, except with respect to a previously titled
watercraft; or
(8) watercraft manufactured prior to August 1, 1979.
Subd. 3. [VOLUNTARY TITLING.] The owner of a device used
or designed for navigation on water and used on the waters of
this state may obtain a certificate of title for the device,
even though it is not a watercraft as defined in section 222,
subdivision 14, in the same manner and with the same effect as
the owner of a watercraft required to be titled under this act.
Once titled, the device is a titled watercraft as defined in
section 222, subdivision 13, and is and remains subject to this
act to the same extent as a watercraft required to be titled.
Subd. 4. [TITLE REQUIRED FOR TRANSFER.] A person may not
sell or otherwise transfer a titled watercraft without
delivering to the person acquiring the watercraft a certificate
of title with an assignment on it to show title in the person
acquiring the watercraft. A person may not acquire a watercraft
required to have a certificate of title without obtaining a
certificate of title for the watercraft in the person's name.
Subd. 5. [NO LEGAL TITLE WITHOUT CERTIFICATE.] A person
acquiring a watercraft through a sale or gift does not acquire a
right, title, claim, or interest in the watercraft until the
person has been issued a certificate of title to the watercraft
or has received a manufacturer's or importer's certificate. A
waiver or estoppel does not operate in favor of that person
against another person who has obtained possession of the
certificate of title or manufacturer's or importer's certificate
for the watercraft for valuable consideration.
Subd. 6. [WATERCRAFT LICENSE MAY NOT BE ISSUED WITHOUT
TITLE.] The commissioner may not issue or renew a watercraft
license to an owner of a titled watercraft unless the owner has
been issued or has applied for a certificate of title for the
watercraft.
Sec. 224. [361A.03] [APPLICATION AND ISSUANCE OF
CERTIFICATE OF TITLE.]
Subdivision 1. [APPLICATION.] The owner of a titled
watercraft must apply for the first certificate of title of a
watercraft in this state to the commissioner or a deputy
registrar on a form prescribed by the commissioner. The
appropriate fee under section 232 must accompany the
application. The application must be signed by the owner and
contain:
(1) the full names, dates of birth, and addresses of owners
who are natural persons and the full names and addresses of
other owners;
(2) a description of the watercraft including its make,
model, year, length, the principal material used in
construction, the builder's hull identification number, and the
manufacturer's inboard engine serial number;
(3) the date of purchase by the applicant, the name and
address of the person from whom the watercraft was acquired;
(4) the name and address of the person who is to possess
the title and any conditions of possession; and
(5) other information required by the commissioner to
determine whether the owner is entitled to a certificate of
title and whether security interests exist in the watercraft.
Subd. 2. [ISSUANCE.] (a) The commissioner shall issue a
certificate of title for a watercraft upon verification that:
(1) the application is genuine;
(2) the applicant is the owner of the watercraft; and
(3) payment of the required fee.
(b) The original certificate of title must be mailed to the
first secured party disclosed in the application or, if none, to
the owner named in the application.
Subd. 3. [CONTENTS.] (a) A certificate of title issued by
the commissioner must contain:
(1) the date issued;
(2) the full names, dates of birth, and addresses of owners
who are natural persons and the full names and addresses of
other owners;
(3) the names and addresses of secured parties;
(4) the title number assigned to the watercraft;
(5) a description of the watercraft including its make,
model, year of manufacture, length, principal material used in
construction, registration number, and manufacturer's hull
identification number or, if none, the builder's hull
identification number assigned to the watercraft by the
commissioner;
(6) spaces for assignment of title by the owner or by the
dealer and for warranting that the signer is the owner and that
the watercraft is not subject to security interests, liens, or
encumbrances except as noted on the face of the certificate of
title;
(7) spaces on the certificate for application of title by a
new owner subject to the security interests of secured parties
named and for the assignment or release of the security interest
of a secured party; and
(8) other information the commissioner may require.
(b) A certificate of title issued by the commissioner is
prima facie evidence of the facts appearing on it.
Subd. 4. [ISSUANCE WITHOUT ABSOLUTE PROOF OF
OWNERSHIP.] (a) If application is made for a certificate of
title for a watercraft and the commissioner is not satisfied of
the ownership of the watercraft or the existence of security
interests in the watercraft, the watercraft may be assigned a
title number but the commissioner must:
(1) withhold issuance of a certificate of title until the
applicant presents documents that satisfy the commissioner of
the applicant's ownership of the watercraft and of security
interest in the watercraft; or
(2) require the applicant to file a bond in the form
prescribed by the commissioner and executed by the applicant as
a condition to issuing a certificate of title.
(b) A bond filed under this subdivision must be accompanied
by the deposit of cash or executed by a surety company
authorized to do business in this state. The bond must be in an
amount equal to one and one-half times the value of the
watercraft as determined by the commissioner. The bond must be
conditioned to indemnify prior owners, secured parties, and
later purchasers of the watercraft or persons acquiring a
security interest in the watercraft, or successors in interest
of the persons, against expenses, losses, or damages, including
reasonable attorney fees, by reason of the issuance of the
certificate of title to the watercraft or on account of a defect
in or undisclosed security interest upon the right, title, and
interest of the applicant in the watercraft.
(c) An interested person has a right of action to recover
on the bond for a breach of its conditions, but the aggregate
liability of the surety to all persons may not exceed the amount
of the bond.
(d) The commissioner shall return the bond and any deposit
accompanying the bond if:
(1) the commissioner has not been notified of the pendency
of an action to recover on the bond;
(2) questions of ownership and outstanding security
interests have been resolved to the satisfaction of the
commissioner;
(3) the bond has been posted for three years or the
watercraft is not registered for license purposes in this state
under section 361.03; and
(4) the currently valid certificate of title is surrendered.
Subd. 5. [RECORDS.] (a) The commissioner shall maintain
records of certificates of title issued under this section
according to one of the following systems:
(1) under a distinctive title number assigned to a
watercraft;
(2) under the registration number awarded to a watercraft
in accordance with the registration and numbering law of the
state where it is registered;
(3) alphabetically, under the name of the owner; or
(4) under another system determined by the commissioner.
(b) Records relating to watercraft titling maintained by
the commissioner are public records and are open to public
inspection during regular office hours.
Subd. 6. [GROUNDS FOR REFUSAL TO ISSUE CERTIFICATE OF
TITLE.] The commissioner may not issue a certificate of title if
a required fee is not paid or the commissioner has reasonable
grounds to believe that:
(1) the applicant is not the owner of the watercraft;
(2) the application contains a false statement; or
(3) the applicant failed to furnish required information or
documents or additional information the commissioner reasonably
requires.
Sec. 225. [361A.04] [DEALER ACQUISITION AND TRANSFER.]
Subdivision 1. [CERTIFICATE OF ORIGIN REQUIRED.] (a) A
dealer may not purchase or acquire a new titled watercraft
without obtaining a manufacturer's or importer's certificate of
origin from the seller.
(b) A manufacturer, importer, dealer, or other person may
not sell or otherwise dispose of a new titled watercraft to a
dealer for purposes of display and resale without delivering to
the dealer a manufacturer's or importer's certificate of origin.
Subd. 2. [CONTENTS OF CERTIFICATE.] The manufacturer's or
importer's certificate of origin must be of a form prescribed by
the commissioner and contain:
(1) a description of the watercraft, including its trade
name, if any, year, series or model, hull material, length, and
hull identification number;
(2) certification of the date of transfer of the watercraft
and the name and address of the person to whom the watercraft
was transferred;
(3) certification that the transfer of the watercraft was
in ordinary trade and commerce;
(4) the signature and address of a representative of the
person transferring the watercraft;
(5) an assignment form, including the name and address of
the person the watercraft is to be transferred to, a
certification that the watercraft is new, and a warranty that
the title at the time of delivery is subject only to the
security interests stated on the title; and
(6) other information required by the commissioner.
Subd. 3. [SALE OF NEW WATERCRAFT.] A dealer selling or
exchanging a new titled watercraft, before delivering the
watercraft to a purchaser, shall apply to the commissioner for a
new title in the name of the purchaser. The application must
contain the name and address of any secured party holding a
security interest created or reserved at the time of sale and
the date of the security agreement and must be accompanied by a
manufacturer's or importer's certificate of origin. The
application must be signed by the dealer and the owner, and the
dealer shall promptly mail or deliver the application to the
commissioner or a deputy registrar.
Subd. 4. [USED WATERCRAFT ACQUIRED FOR RESALE.] (a) If a
dealer buys or acquires a used titled watercraft for resale, the
dealer must apply to the commissioner or deputy registrar and
obtain a title number before selling or exchanging the
watercraft in the same manner as a new watercraft on forms the
commissioner provides or apply for and obtain a certificate of
title.
(b) If a dealer acquires a used titled watercraft for
resale and the watercraft is covered by a certificate of title
that is surrendered to the dealer by the owner at the time of
delivery of the watercraft, the dealer need not send the
certificate of title to the commissioner. Upon transferring the
watercraft to another person, the dealer must promptly execute
the assignment, showing the name and address of the person to
whom the watercraft is transferred and forward the certificate
to the commissioner or deputy registrar with the application for
a new certificate of title.
Subd. 5. [WATERCRAFT WITH FOREIGN REGISTRATION.] (a)
Except as provided in paragraph (b), an application for a
certificate of title for a watercraft last registered in another
state or foreign country must contain or be accompanied by:
(1) a certificate of title or registration issued by the
other state or foreign country; and
(2) other information or documents the commissioner
requires to establish the ownership of the watercraft and the
existence or nonexistence of security interests.
(b) If the state or foreign country where the watercraft
was last registered does not issue certificates of title, the
application must contain or be accompanied by:
(1) a proper bill of sale or sworn statement of ownership,
certificate of registration, or evidence of ownership as
required by the law of the state or foreign country; and
(2) any other information or documents the commissioner
requires to establish the ownership of the watercraft and the
existence or nonexistence of security interests.
Sec. 226. [361A.05] [TRANSFER BY OWNER.]
Subdivision 1. [VOLUNTARY TRANSFER.] (a) An owner who
transfers a titled watercraft must execute the assignment and
warranty of title to the person to whom the watercraft is
transferred in the space provided on the certificate of title
where the watercraft is delivered.
(b) The person acquiring the watercraft must obtain a new
certificate of title by applying to the commissioner or a deputy
registrar on a form prescribed by the commissioner, and
submitting the required fee. The application for certificate of
title must be filed within 15 days after delivery of the
watercraft to the person acquiring the watercraft.
(c) Upon request of the owner or the person who acquired
the watercraft, a secured party in possession of the certificate
of title must deliver the certificate to the person acquiring
the watercraft, the commissioner, or a deputy registrar, unless
the transfer is a breach of the security agreement. The
delivery of the certificate does not affect the rights of the
secured party under the security agreement.
(d) If a security interest or encumbrance is first created
at the time of transfer of ownership, the certificate must be
retained by or delivered to the secured party.
Subd. 2. [TRANSFER BY LAW.] (a) Except as otherwise
provided in this chapter, if the ownership of a titled
watercraft is transferred by operation of law, including
inheritance or bequest, order in bankruptcy, insolvency,
replevin, execution, sale, or satisfaction of mechanic's lien,
or repossession upon default in performance of the terms of a
security agreement, the person acquiring the watercraft by
operation of law must promptly submit the last certificate of
title, if available, or the manufacturer's or importer's
certificate or other satisfactory proof of the transfer of
ownership to the commissioner or deputy registrar with the
application for a new certificate of title and the required fee.
(b) If a secured party acquires a titled watercraft under
the terms of a security agreement or by operation of law, the
secured party must promptly submit to the commissioner, a deputy
registrar, or the person acquiring the watercraft from the
secured party the last certificate of title, if available, an
application for a new certificate of title with the required
fee, and an affidavit by the secured party or an authorized
representative stating the facts entitling the secured party to
possession and ownership of the watercraft, including a copy of
the journal entry, court order, or instrument upon which the
claim of possession and ownership is founded. If the secured
party cannot produce the required proof of ownership, the
secured party may submit other evidence with the application and
the commissioner may issue a new certificate of title if the
evidence provides satisfactory proof of ownership.
Sec. 227. [361A.06] [TEMPORARY WATERCRAFT USE PERMITS.]
Subdivision 1. [ISSUANCE TO TITLE APPLICANT.] (a) The
commissioner may issue a temporary watercraft use permit to a
person applying for a certificate of title for a new or used
watercraft to allow that person to operate the watercraft on the
waters of this state pending completion of the titling and
watercraft licensing process.
(b) The watercraft use permit must be carried aboard the
watercraft to allow immediate inspection. The watercraft use
permit must contain a description of the watercraft, including
its trade name, if any, year, series or model, hull material,
length, hull identification number, and other information
prescribed by the commissioner. A permit is valid only for the
watercraft for which it is issued.
Subd. 2. [DISTRIBUTION TO DEALERS.] The commissioner may
distribute permits in booklet form to licensed dealers. If the
dealer issues a permit, the dealer must submit a watercraft use
permit information form to the commissioner. The commissioner
must provide information forms that require the name of the
person to whom the watercraft use permit was issued, the
watercraft description, dates of issue and expiration, and other
information prescribed by the commissioner.
Sec. 228. [361A.07] [DUPLICATE CERTIFICATE.]
Subdivision 1. [FORM AND ISSUANCE.] (a) The commissioner
may issue a duplicate certificate of title under this section.
The duplicate certificate of title must be a certified copy
plainly marked "duplicate" across its face and must contain the
legend: "This duplicate certificate of title may be subject to
the rights of a person under the original certificate." It must
be mailed to the first secured party named in it or, if none, to
the owner. The commissioner shall indicate in the department
records that a duplicate has been issued.
(b) As a condition to issuing a duplicate certificate of
title, the commissioner may require a bond from the applicant in
the manner and form prescribed in section 224, subdivision 4,
paragraph (b).
Subd. 2. [WAITING PERIOD TO ISSUE NEW CERTIFICATE OF
TITLE.] The commissioner may not issue a new certificate of
title to a person acquiring a watercraft under an application
made on a duplicate certificate of title until at least 15 days
after receiving the application.
Subd. 3. [DISAPPEARANCE OF ORIGINAL CERTIFICATE.] If a
certificate of title is lost, stolen, or destroyed, the owner or
legal representative of the owner named in the certificate may
obtain a duplicate by applying to the commissioner, furnishing
information the commissioner requires concerning the original
certificate, and the circumstances of its loss or destruction.
Subd. 4. [MUTILATED OR ILLEGIBLE CERTIFICATE.] If an
original certificate of title is mutilated or rendered
illegible, the person in possession of the title must return it
to the commissioner with the application for a duplicate.
Subd. 5. [RECOVERY OF LOST OR STOLEN CERTIFICATE.] If a
lost or stolen certificate of title for which a duplicate has
been issued is recovered, the lost or stolen certificate of
title must be surrendered promptly to the commissioner for
cancellation.
Sec. 229. [361A.08] [SUSPENSION OR REVOCATION OF
CERTIFICATE.]
Subdivision 1. [SUSPENSION OR REVOCATION.] The
commissioner shall suspend or revoke a certificate of title upon
notice and reasonable opportunity to be heard if authorized by
law or if the commissioner finds that:
(1) the certificate of title was fraudulently procured or
erroneously issued; or
(2) the watercraft has been scrapped, dismantled, or
destroyed.
Subd. 2. [DUTIES OF OWNER.] If the commissioner suspends
or revokes a certificate of title, the owner or person in
possession of the certificate of title, immediately upon
receiving notice of the suspension or revocation, shall mail or
deliver the certificate to the commissioner.
Subd. 3. [SEIZURE OR IMPOUNDMENT.] The commissioner may
seize and impound a certificate of title that has been suspended
or revoked.
Subd. 4. [SUBSEQUENT GOOD FAITH PURCHASER.] Suspension or
revocation of a certificate of title does not affect the
validity of a subsequent transfer to a purchaser relying in good
faith on the assignment of a suspended or revoked title if the
certificate of title was not surrendered to or seized by the
commissioner under subdivisions 2 and 3, and the commissioner
shall issue a new certificate of title to an applicant who is a
good faith purchaser for value in those circumstances.
Sec. 230. [361A.09] [RESPONSIBILITIES OF COMMISSIONER.]
The commissioner shall prescribe and provide suitable forms
of applications, certificates of title, notices of security
interests, and other notices and forms necessary to implement
this chapter. In addition, the commissioner may:
(1) make necessary investigations to procure information
required to implement this chapter;
(2) assign a new hull identification number to a watercraft
if the watercraft does not have a number or the number is
destroyed or obliterated; or
(3) adopt and enforce rules necessary to implement this
chapter.
Sec. 231. [361A.10] [PENALTIES.]
Subdivision 1. [FELONY.] A person is guilty of a felony
and punishable by imprisonment for a term of not more than four
years, or payment of a fine of not more than $5,000, or both, if
the person with fraudulent intent:
(1) uses a false or fictitious name or address, makes a
material false statement, fails to disclose a security interest,
or conceals any other material fact in an application for a
certificate of title; or
(2) submits a false, forged, or fictitious document in
support of an application for a certificate of title.
Subd. 2. [MISDEMEANOR.] A person is guilty of a
misdemeanor if that person:
(1) with fraudulent intent permits another to use or
possess a certificate of title who is not entitled to use or
possess the certificate of title;
(2) willfully fails to mail or deliver a certificate of
title to the commissioner or a deputy registrar within ten days
after the time required;
(3) willfully fails to deliver to a person acquiring a
watercraft a certificate of title within ten days after the time
required;
(4) commits a fraud in an application for a certificate of
title; or
(5) fails to notify the commissioner of a fact as required
by law.
Sec. 232. [361A.11] [TITLE FEES.]
Subdivision 1. [FEES.] (a) The fee to be paid to the
commissioner:
(1) for issuing an original certificate of title, including
the concurrent notation of an assignment of the security
interest and its subsequent release or satisfaction, is $15;
(2) for each security interest when first noted upon a
certificate of title, including the concurrent notation of an
assignment of the security interest and its subsequent release
or satisfaction, is $10;
(3) for transferring the interest of an owner and issuing a
new certificate of title, is $10;
(4) for each assignment of a security interest when first
noted on a certificate of title, unless noted concurrently with
the security interest, is $1; and
(5) for issuing a duplicate certificate of title, is $4.
(b) In addition to other statutory fees and taxes, a filing
fee of $3.25 is imposed on every application. The filing fee
must be shown as a separate item on title renewal notices sent
by the commissioner.
Subd. 2. [CONCURRENT APPLICATIONS.] If a person applies
for an original or a new certificate of title for a watercraft
concurrently with an application for transfer of license of the
watercraft to the applicant, the fee prescribed in subdivision 1
is in lieu of the fee prescribed by section 361.03 for a
transfer of ownership or license of the watercraft to the
applicant.
Subd. 3. [FEES PAID BEFORE TITLE ISSUED.] Subject to
subdivision 2, the commissioner may not issue a certificate of
title for a watercraft until the fees prescribed by subdivision
1 and section 361.03 for a prior transfer of ownership or
license of the watercraft have been paid.
Subd. 4. [DEPOSIT OF FEE.] Fees collected under this
section must be deposited in the state treasury and credited to
the water recreation account, except a deputy registrar who
originates an application shall retain the filing fee under
subdivision 1, paragraph (b).
Sec. 233. [361A.12] [INAPPLICABLE LIENS AND SECURITY
INTERESTS.]
The requirements of this chapter relating to security
interests and certificate of title do not apply to or affect:
(1) a lien given by statute or rule of law to a supplier of
services or materials for the watercraft while the watercraft is
in the possession of the lienholder;
(2) a lien given by statute to the United States, this
state, or a political subdivision of this state; or
(3) a security interest in a watercraft created by a
manufacturer or dealer who holds the watercraft for sale.
Sec. 234. [361A.13] [SECURITY INTERESTS.]
Subdivision 1. [VALIDITY.] Unless excepted by section 233,
a security interest in a titled watercraft is not valid against
creditors of the owner or subsequent transferees or secured
parties of the watercraft unless perfected as provided in this
chapter.
Subd. 2. [PERFECTION.] A security interest is perfected by
the delivery to the commissioner of the existing certificate of
title, if any, or an application for a certificate of title,
containing the name and address of the secured party, the date
of the security agreement, and the required fee. It is
perfected as of the time of its creation if the delivery is
completed within the following ten days. In other instances it
is perfected as of the time of the delivery. The method
provided in this chapter is exclusive.
Sec. 235. [361A.14] [OWNER-CREATED SECURITY INTEREST.]
Paragraphs (a) to (d) apply if an owner creates a security
interest in a titled watercraft.
(a) The owner shall immediately execute the application in
the space provided on the certificate of title or on a separate
form prescribed by the commissioner, show the name and address
of the secured party on the certificate, and have the
certificate, application, and required fee delivered to the
secured party.
(b) The secured party shall immediately have the
certificate, application, and required fee mailed or delivered
to the commissioner.
(c) Upon request of the owner or subordinate secured party,
a secured party in possession of the certificate of title shall
either (1) mail or deliver the certificate to the subordinate
secured party for delivery to the commissioner, or (2) upon
receiving from the subordinate secured party the owner's
application and the required fee, mail or deliver them to the
commissioner with the certificate. The delivery of the
certificate does not affect the rights of the first secured
party under the security agreement.
(d) Upon receiving the certificate of title, application,
and required fee, the commissioner shall either endorse on the
certificate or issue a new certificate containing the name and
address of the new secured party, and mail or deliver the
certificate to the first secured party named on it.
Sec. 236. [361A.15] [LICENSED WATERCRAFT PREVIOUSLY
PERFECTED.]
If a security interest in a previously licensed watercraft
is perfected under other applicable Minnesota law on January 1,
1991, the security interest continues perfected:
(1) until its perfection lapses under the law under which
it was perfected or would lapse in the absence of a further
filing; or
(2) until a certificate of title for the watercraft is
issued and the security interest is perfected under section 234.
The assignment, release, or satisfaction of a security
interest in a previously licensed watercraft is governed by the
laws under which it was perfected.
Sec. 237. [361A.16] [SATISFACTION OF SECURITY INTEREST.]
Subdivision 1. [RELEASE.] Upon the satisfaction of a
security interest in a watercraft for which the certificate of
title is in the possession of the secured party, the secured
party, within 15 days, shall execute a release of the security
interest in the space provided on the certificate or as
prescribed by the commissioner, and mail or deliver the
certificate and release to the next secured party named or, if
none, to the owner or a person who delivers to the secured party
an authorization from the owner to receive the certificate. The
owner, other than a dealer holding the watercraft for resale,
shall promptly have the certificate, the release, and the
required fee mailed or delivered to the commissioner, who shall
release the secured party's rights on the certificate or issue a
new certificate.
Subd. 2. [RELEASE OF SUBORDINATE SECURITY INTEREST.] Upon
the satisfaction of a security interest in a watercraft for
which the certificate of title is in the possession of a prior
secured party, the secured party whose security interest is
satisfied shall execute a release in the form prescribed by the
commissioner and, within 15 days after satisfaction, deliver the
release to the owner or a person who delivers to the secured
party.
Sec. 238. [361A.17] [DISCLOSURE OF SECURITY AGREEMENT.]
A secured party named in a certificate of title, upon
written request of the owner or other secured party named on the
certificate, must disclose pertinent information about the
security agreement and the indebtedness secured by it.
Sec. 239. [361A.18] [EFFECT OF SUSPENSION OR REVOCATION ON
SECURITY INTEREST.]
Suspension or revocation of a certificate of title does
not, in itself, affect the validity of a security interest noted
on it.
Sec. 240. [361A.19] [PREVIOUSLY LICENSED WATERCRAFT
UNDISCLOSED SECURITY INTERESTS.]
If the commissioner is not satisfied that there are no
undisclosed security interests created before the watercraft is
initially titled, the commissioner may, in addition to its
options under section 224, subdivision 4, issue a distinctive
certificate of title for the watercraft containing the legend:
"This watercraft may be subject to an undisclosed lien," and any
other information the commissioner prescribes.
Sec. 241. [361A.20] [LIENS ATTACHING TO WATERCRAFT.]
(a) A nonpossessory lien on a titled watercraft is not
perfected unless a lien statement is filed with the commissioner.
(b) The lien statement must include:
(1) the watercraft owner's name and address;
(2) the statute under which the lien is taken;
(3) the name and address of the lienholder; and
(4) the title number of the watercraft.
(c) The commissioner shall note the time and date of filing
the lien statement.
Sec. 242. [361A.21] [STOLEN WATERCRAFT.]
Subdivision 1. [DUTY OF PEACE OFFICERS.] A peace officer
aware of a stolen or converted watercraft shall immediately
furnish the commissioner with information concerning the theft
or conversion.
Subd. 2. [DUTY OF COMMISSIONER.] The commissioner, upon
receiving a report of the theft or conversion of a watercraft,
shall record the report information, including the make of the
stolen or converted watercraft and its builder's hull
identification number, if any. The commissioner shall prepare a
list of watercraft reported stolen and those recovered as
disclosed by the reports submitted. The report may be
distributed as the commissioner deems advisable.
Subd. 3. [DUTY OF OWNER.] If a stolen or converted
watercraft is recovered, the owner shall immediately notify the
commissioner.
Sec. 243. Minnesota Statutes 1988, section 363.01, is
amended by adding a subdivision to read:
Subd. 42. [BUSINESS.] The term "business" includes any
partnership, association, corporation, legal representative,
trustee, trustee in bankruptcy, or receiver, but excludes the
state and its department, agencies, and political subdivisions.
Sec. 244. Minnesota Statutes 1988, section 363.073,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE OF APPLICATION.] No department or
agency of the state shall receive, enter into, or accept any bid
or proposal for a contract nor or agreement or execute any
contract or agreement for goods, or services, or the performance
of any function, or any agreement to transfer funds for any
reason in excess of $50,000 with any person business having more
than 20 full-time employees in Minnesota at any time during the
previous 12 months, unless the person firm or business has an
affirmative action plan for the employment of minority persons,
women, and the disabled that has been approved by the
commissioner of human rights. Receipt of a certificate of
compliance issued by the commissioner shall signify that
a person firm or business has an affirmative action plan that
has been approved by the commissioner. A certificate shall be
valid for a period of two years. A municipality as defined in
section 466.01, subdivision 1, that receives state money for any
reason is encouraged to prepare and implement an affirmative
action plan for the employment of minority persons, women, and
the disabled and submit the plan to the commissioner of human
rights.
Sec. 245. Minnesota Statutes 1988, section 383A.65, is
amended to read:
383A.65 [RAMSEY COUNTY; AUTHORIZATION FOR BONDS.]
Ramsey county may issue general obligation bonds in one or
more series in an amount not to exceed $2,000,000, in the
aggregate, to finance the restoration of the concourse of the
St. Paul union depot as a facility for the exhibition of works
of art, the proceeds of which may not be used for that purpose
until $500,000 in operational funding has been committed by
nonpublic sources provided. The bonds shall be issued pursuant
to chapter 475, except that the bonds shall not be subject to
its election requirements or debt limits. They shall not be
subject to any other debt or tax levy limitations applicable to
the county and shall not be considered in calculating amounts
subject to any other debt or tax levy limitations. Levies by
the county for debt servicing payment for the retirement of the
bonds shall be exempt from and disregarded in the calculation of
all tax levy limitations applicable to the county.
Sec. 246. Minnesota Statutes 1988, section 469.175,
subdivision 2, is amended to read:
Subd. 2. [CONSULTATIONS; COMMENT AND FILING.] Before
formation of a tax increment financing district, the authority
shall provide an opportunity to the members of the county boards
of commissioners of any county in which any portion of the
proposed district is located and the members of the school board
of any school district in which any portion of the proposed
district is located to meet with the authority. The authority
shall present to the members of the county boards of
commissioners and the school boards its estimate of the fiscal
and economic implications of the proposed tax increment
financing district. The information on the fiscal and economic
implications of the plan must be provided to the county and
school district boards at least 30 days before the public
hearing required by subdivision 3. The 30-day requirement is
waived if the county and school district submit written comments
on the proposal and any modification of the proposal to the
authority after receipt of the information. The members of the
county boards of commissioners and the school boards may present
their comments at the public hearing on the tax increment
financing plan required by subdivision 3. Upon adoption of the
tax increment financing plan, the authority shall file a copy of
the plan with the commissioner of trade and economic development
revenue. The authority must also file with the commissioner a
copy of the development plan for the project area.
Sec. 247. Minnesota Statutes 1988, section 469.175,
subdivision 5, is amended to read:
Subd. 5. [ANNUAL DISCLOSURE.] For all tax increment
financing districts, whether created prior or subsequent to
August 1, 1979, on or before July 1 of each year, the authority
shall submit to the county board, the school board, the
commissioner of trade and economic development revenue and, if
the authority is other than the municipality, the governing body
of the municipality, a report of the status of the district.
The report shall include the following information: the amount
and the source of revenue in the account, the amount and purpose
of expenditures from the account, the amount of any pledge of
revenues, including principal and interest on any outstanding
bonded indebtedness, the original gross tax capacity of the
district, the captured gross tax capacity retained by the
authority, the captured gross tax capacity shared with other
taxing districts, the tax increment received, and any additional
information necessary to demonstrate compliance with any
applicable tax increment financing plan. An annual statement
showing the tax increment received and expended in that year,
the original gross tax capacity, captured gross tax capacity,
amount of outstanding bonded indebtedness, and any additional
information the authority deems necessary shall be published in
a newspaper of general circulation in the municipality.
Sec. 248. [473.156] [METROPOLITAN WATER USE AND SUPPLY
PLAN.]
Subdivision 1. [PLAN COMPONENTS.] The metropolitan council
shall develop a short-term and long-term plan for existing and
expected water use and supply in the metropolitan area. The
plan shall be submitted to and reviewed by the state planning
agency. At a minimum, the plans must:
(1) update the data and information on water supply and use
within the metropolitan area;
(2) identify alternative courses of action, including water
conservation initiatives and economic alternatives, in case of
drought conditions; and
(3) recommend approaches to resolving problems that may
develop because of water use and supply. Consideration must be
given to problems that occur outside of the metropolitan area,
but which have an effect within the area.
Subd. 2. [COMPLETION AND REPORT.] The short-term plan must
be completed by February 1, 1990. The long-term plan must be
completed by July 1, 1990, and continually updated as the need
arises. The plans must be prepared in consultation with the
Army Corps of Engineers, the Leech Lake Reservation business
committee, the Mississippi headwaters board, department of
natural resources, and the environmental quality board. Both
plans must be given to the metropolitan affairs and natural
resources committees of the house of representatives and senate,
and be available to the public.
Sec. 249. Minnesota Statutes 1988, section 473.877, is
amended by adding a subdivision to read:
Subd. 5. [APPROPRIATIONS FROM SMALL WATERCOURSES.] This
subdivision applies in Hennepin and Ramsey counties to the
following public waters:
(1) a public water basin or wetland wholly within the
county that is less than 500 acres; or
(2) a protected watercourse that has a drainage area of
less than 50 square miles.
An appropriation of water that is below the minimum
established in section 105.41, subdivision 1b, for a
nonessential use, as defined under section 105.418, is
prohibited unless a permit is obtained from the watershed
district or watershed management organization having
jurisdiction over the public water basin, wetland, or
watercourse. The watershed district or watershed management
organization may impose a fee to cover the cost of issuing the
permit. This subdivision must be enforced by the home rule
charter or statutory city where the appropriation occurs.
Violation of this subdivision is a petty misdemeanor, except
that a second violation within a year is a misdemeanor.
Affected cities shall mail notice of this law to adjoining
landowners.
Sec. 250. Minnesota Statutes 1988, section 474A.02,
subdivision 5a, is amended to read:
Subd. 5a. [COMMISSIONER.] "Commissioner" means the
commissioner of trade and economic development finance.
Sec. 251. [TRANSFER OF RESPONSIBILITIES.]
The program responsibilities of the commissioner of trade
and economic development for the allocation of bonding authority
under Minnesota Statutes, chapter 474A, are transferred under
Minnesota Statutes, section 15.039, to the commissioner of
finance.
Sec. 252. Minnesota Statutes 1988, section 480.01, is
amended to read:
480.01 [JUSTICES; TERMS; TRAVEL EXPENSES.]
Subdivision 1. [JUSTICES; TERMS.] The supreme court shall
consist of one chief justice and six associate justices, who
shall hold one term of court each year, at the seat of
government, commencing on the first Tuesday after the first
Monday in January, with such continuations or adjournments
thereof during the year as may be necessary for the dispatch of
the business coming before the court. When the chief justice of
the court shall be absent from the state, or shall be, for any
reason, incapacitated from acting as such, the associate justice
present within the state and not incapacitated who shall have
served the longest time, or when there are two or more associate
justices of equal terms of service, then the associate justice,
whom the chief justice shall designate as senior associate
justice as such, shall have and exercise all the powers, duties,
and functions of the chief justice during the absence or
incapacity and shall be, during such absence or incapacity, the
presiding justice of the court.
Subd. 2. [TRAVEL EXPENSES.] Travel expenses shall be paid
by the state in the same manner and amount as provided for
judges of the district court in section 484.54.
Sec. 253. Minnesota Statutes 1988, section 480.241,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNT OF SURCHARGE; COLLECTION BY COURT
ADMINISTRATORS.] A plaintiff, petitioner, defendant, respondent,
intervenor or moving party in any district, county, or municipal
trial court civil action or civil proceeding in which an initial
filing fee is payable by that party, except a marriage
dissolution or conciliation court action, shall pay to the court
administrator of district or county court or court administrator
of the municipal courts of Hennepin county or Ramsey county a
surcharge of $10 $25 in addition to the initial filing fee
otherwise prescribed. For such a civil action or civil
proceeding commenced on and after July 1, 1987, the surcharge is
$20. A plaintiff, defendant, or moving party in any
conciliation court action in which an initial filing fee is
payable shall pay to the court administrator of conciliation
court a surcharge of $2 $3 in addition to the initial filing fee
otherwise prescribed. Notwithstanding any other law or rule to
the contrary, no surcharge shall be paid by any governmental
unit of the state of Minnesota, any local unit of government, or
agency thereof, when the governmental unit, local government, or
agency thereof is a party to any civil action or civil
proceeding in the municipal courts of Hennepin or Ramsey
counties, or in any county court.
Sec. 254. Minnesota Statutes 1988, section 480.241,
subdivision 2, is amended to read:
Subd. 2. [TRANSMITTAL OF SURCHARGE TO SUPREME COURT STATE
TREASURER.] Notwithstanding any other law or rule to the
contrary, all surcharges collected pursuant to subdivision 1
shall be transmitted monthly by the district, county, and
conciliation court court administrators and municipal court
administrators to the supreme court state treasurer for deposit
in the state treasury and credit to the general fund.
Sec. 255. Minnesota Statutes 1988, section 480.242, is
amended to read:
480.242 [DISTRIBUTION OF SURCHARGE CIVIL LEGAL SERVICES
FUNDS TO QUALIFIED LEGAL SERVICES PROGRAMS.]
Subdivision 1. [ADVISORY COMMITTEE.] The supreme court
shall establish an advisory committee to assist it in performing
its responsibilities under sections 480.24 to 480.244. The
advisory committee shall consist of 11 members appointed by the
supreme court including seven attorneys-at-law who are well
acquainted with the provision of legal services in civil
matters, two public members who are not attorneys and two
persons who would qualify as eligible clients. Four of the
attorney-at-law members shall be nominated by the state bar
association in the manner determined by it, and three of the
attorney-at-law members shall be nominated by the programs in
Minnesota providing legal services in civil matters on July 1,
1982, with funds provided by the federal Legal Services
Corporation in the manner determined by them. In making the
appointments of the attorney-at-law members, the supreme court
shall not be bound by the nominations prescribed by this section.
In making appointments to the advisory committee, the supreme
court shall ensure that urban and rural areas of the state are
represented. The supreme court shall adopt by rule policies and
procedures for the operation of the advisory committee
including, but not limited to, policies and procedures governing
membership terms, removal of members, and the filling of
membership vacancies.
Subd. 2. [REVIEW OF APPLICATIONS; SELECTION OF
RECIPIENTS.] At times and in accordance with any procedures as
the supreme court adopts in the form of court rules,
applications for the expenditure of civil legal services funds
collected pursuant to section 480.241 shall be accepted from
qualified legal services programs or from local government
agencies and nonprofit organizations seeking to establish
qualified alternative dispute resolution programs. The
applications shall be reviewed by the advisory committee, and
the advisory committee, subject to review by the supreme court,
shall distribute the funds received pursuant to section 480.241,
subdivision 2 to qualified legal services programs or to
qualified alternative dispute resolution programs submitting
applications. Subject to the provisions of subdivision 4, the
funds shall be distributed in accordance with the following
formula:
(a) Eighty-five percent of the funds distributed shall be
distributed to qualified legal services programs that have
demonstrated an ability as of July 1, 1982, to provide legal
services to persons unable to afford private counsel with funds
provided by the federal Legal Services Corporation. The
allocation of funds among the programs selected shall be based
upon the number of persons with incomes below the poverty level
established by the United States Census Bureau who reside in the
geographical area served by each program, as determined by the
supreme court on the basis of the 1980 national census. All
funds distributed pursuant to this clause shall be used for the
provision of legal services in civil matters to eligible clients.
(b) Fifteen percent of the funds distributed may be
distributed (1) to other qualified legal services programs for
the provision of legal services in civil matters to eligible
clients, including programs which organize members of the
private bar to perform services and programs for qualified
alternative dispute resolution, or (2) to programs for training
mediators operated by nonprofit alternative dispute resolution
corporations. Grants may be made pursuant to this clause only
until June 30, 1987. If all the funds to be distributed
pursuant to this clause cannot be distributed because of
insufficient acceptable applications, the remaining funds shall
be distributed pursuant to clause (a).
Subd. 3. [TIMING OF DISTRIBUTION OF FUNDS.] The funds to
be distributed to recipients selected in accordance with the
provisions of subdivision 2 shall be distributed by the supreme
court no less than twice per calendar year.
Subd. 4. [ADMINISTRATION.] The supreme court may retain up
to five percent of the funds received pursuant to section
480.241, subdivision 2 money appropriated for civil legal
services to defray the costs incurred in executing its
responsibilities and the responsibilities of the advisory
committee under sections 480.24 to 480.244.
Sec. 256. Minnesota Statutes 1988, section 480A.08,
subdivision 3, is amended to read:
Subd. 3. [DECISIONS.] (a) A decision shall be rendered in
every case within 90 days after oral argument or after the final
submission of briefs or memoranda by the parties, whichever is
later. The chief justice or the chief judge may waive the
90-day limitation for any proceeding before the court of appeals
for good cause shown. In every case, the decision of the court,
including any written opinion containing a summary of the case
and a statement of the reasons for its decision, shall be
indexed and made readily available.
(b) The decision of the court need not include a written
opinion. A statement of the decision without a written opinion
must not be officially published and must not be cited as
precedent, except as law of the case, res judicata, or
collateral estoppel.
(c) The court of appeals may publish only those decisions
that:
(1) establish a new rule of law;
(2) overrule a previous court of appeals' decision not
reviewed by the supreme court;
(3) provide important procedural guidelines in interpreting
statutes or administrative rules;
(4) involve a significant legal issue; or
(5) would significantly aid in the administration of
justice.
Unpublished opinions of the court of appeals are not
precedential. Unpublished opinions must not be cited unless the
party citing the unpublished opinion provides a full and correct
copy to all other counsel at least 48 hours before its use in
any pretrial conference, hearing, or trial. If cited in a brief
or memorandum of law, a copy of the unpublished opinion must be
provided to all other counsel at the time the brief or
memorandum is served, and other counsel may respond.
Sec. 257. Minnesota Statutes 1988, section 484.54,
subdivision 2, is amended to read:
Subd. 2. A judge shall be paid travel and subsistence
expenses for travel from the judge's place of residence to and
from the judge's permanent chambers only for a period of two
years after July 1, 1977 or the date the judge initially assumes
office, whichever is later.
Sec. 258. Minnesota Statutes 1988, section 540.152, is
amended to read:
540.152 [SERVICE OF PROCESS ON UNIONS, GROUPS, OR
ASSOCIATIONS.]
The transaction of any acts, business, or activities within
the state of Minnesota by any officer, agent, representative,
employee, or member of any union or other groups or associations
having officers, agents, members, or property without the state
on behalf of the union or other groups or associations or any of
its members or affiliated local unions shall be deemed an
appointment by the union or other groups or associations of the
secretary of state of the state of Minnesota to be the true and
lawful attorney of the union or other groups or associations,
upon whom may be served all legal processes or notices in any
action or proceeding against or involving the union or other
groups or associations growing out of any acts, business or
activities within the state of Minnesota resulting in damage or
loss to person or property or giving rise to any cause of action
under the laws of the state of Minnesota or to any matters or
proceedings arising under the Minnesota labor relations act.
Such acts, business, or activities shall be a signification of
the agreement of the union or other groups or associations and
its members that any process or notice in any action, matter, or
proceeding against or involving it, which is so served, shall be
of the same legal force and validity as if served upon the union
or other groups or associations and its members personally.
Service of process or notice shall be made by filing a copy
thereof in the office of the secretary of state, together with
payment of a fee of $25 $35 and together with an affidavit
stating that no officer or managing agent of the union or other
group or association has been found in this state and setting
forth an address to which the service shall be forwarded. The
service shall be sufficient service upon the union or other
groups or associations and its members. Notice of service and a
copy of the process or notice shall, within ten days thereafter,
be sent by mail by the person who caused it to be served on the
union or other groups or associations at its last known address
and an affidavit of compliance with the provisions of this
chapter shall be filed with the court or other state agency or
department before which the action, matter, or proceeding is
pending.
Sec. 259. Minnesota Statutes 1988, section 543.08, is
amended to read:
543.08 [SUMMONS, SERVICE UPON CERTAIN CORPORATIONS.]
If a private domestic corporation has no officer at the
registered office of the corporation within the state upon whom
service can be made, of which fact the return of the sheriff of
the county in which that office is located, or the affidavit of
a private person not a party, that none can be found in that
county shall be conclusive evidence, service of the summons upon
it may be made by depositing two copies, together with a fee of
$25 $35 with the secretary of state, which shall be deemed
personal service upon the corporation. One of the copies shall
be filed by the secretary, and the other forthwith mailed by the
secretary to the corporation by certified mail, if the place of
its main office is known to the secretary or is disclosed by the
files in the office.
If the defendant is a foreign insurance corporation, the
summons may be served by two copies delivered to the
commissioner of commerce, who shall file one in the
commissioner's office and forthwith mail the other postage
prepaid to the defendant at its home office.
Sec. 260. Minnesota Statutes 1988, section 611.17, is
amended to read:
611.17 [FINANCIAL INQUIRY; STATEMENTS.]
Upon a request for the appointment of counsel, the court
shall make appropriate inquiry into the financial circumstances
of the applicant, who shall submit, unless waived in whole or in
part by the court, a financial statement under oath or
affirmation setting forth the applicant's assets and
liabilities, source or sources of income, and any other
information required by the court. The state public defender
shall furnish appropriate forms for the financial statements.
The information contained in the statement shall be confidential
and for the exclusive use of the court, except for any
prosecution under section 609.48. A refusal to execute the
financial statement constitutes a waiver of the right to the
appointment of a public defender.
Sec. 261. Minnesota Statutes 1988, section 611.21, is
amended to read:
611.21 [SERVICES OTHER THAN COUNSEL.]
(a) Counsel, whether or not appointed by the court, for a
defendant who is financially unable to obtain investigative,
expert, or other services necessary to an adequate defense in
the case may request them in an ex parte application. Upon
finding, after appropriate inquiry in an ex parte proceeding,
that the services are necessary and that the defendant is
financially unable to obtain them, the court shall authorize
counsel to obtain the services on behalf of the defendant. The
court may establish a limit on the amount which may be expended
or promised for such services. The court may, in the interests
of justice, and upon a finding that timely procurement of
necessary services could not await prior authorization, ratify
such services after they have been obtained, but such
ratification shall be given only in unusual situations. The
court shall determine reasonable compensation for the services
and direct payment by the county in which the prosecution
originated, to the organization or person who rendered them,
upon the filing of a claim for compensation supported by an
affidavit specifying the time expended, services rendered, and
expenses incurred on behalf of the defendant, and the
compensation received in the same case or for the same services
from any other source.
(b) The compensation to be paid to a person for such
service rendered to a defendant under this section, or to be
paid to an organization for such services rendered by an
employee thereof, shall may not exceed $300 $1,000, exclusive
of reimbursement for expenses reasonably incurred, unless
payment in excess of that limit is certified by the court as
necessary to provide fair compensation for services of an
unusual character or duration and the amount of the excess
payment is approved by the chief judge of the district. The
chief judge of the judicial district may delegate approval
authority to an active district judge.
(c) If the court denies authorizing counsel to obtain
services on behalf of the defendant, the court shall make
written findings of fact and conclusions of law that state the
basis for determining that counsel may not obtain services on
behalf of the defendant. When the court issues an order denying
counsel the authority to obtain services, the defendant may
appeal immediately from that order to the court of appeals and
may request an expedited hearing.
Sec. 262. Minnesota Statutes 1988, section 611.215,
subdivision 2, is amended to read:
Subd. 2. [DUTIES AND RESPONSIBILITIES.] (a) The state
board of public defense shall appoint the state public defender,
who serves full time for a term of four years. The board must
shall prepare an annual report to the governor, the legislature,
and the supreme court on the operation of the state public
defender's office, district defender systems, and appointed
counsel systems public defense corporations. The board shall
approve and recommend to the legislature a budget for the board,
the office of state public defender, the judicial district
public defenders, and the public defense corporations. The
board shall establish procedures for distribution of state
funding under this chapter to the state and district public
defenders, including Hennepin and Ramsey county public
defenders, and to the public defense corporations.
(b) The board shall establish standards for the offices of
the state and district public defenders and for the conduct of
all appointed counsel systems. The standards must include, but
are not limited to:
(1) standards needed to maintain and operate an office of
public defender including requirements regarding the
qualifications, training, and size of the legal and supporting
staff for a public defender or appointed counsel system;
(2) standards for public defender caseloads;
(3) standards and procedures for the eligibility for
appointment, assessment, and collection of the costs for legal
representation provided by public defenders or appointed
counsel;
(4) standards for contracts between a board of county
commissioners and a county public defender system for the legal
representation of indigent persons;
(5) standards prescribing minimum qualifications of counsel
appointed under the board's authority or by the courts; and
(6) standards ensuring the economical and efficient
delivery of legal services, including alternatives to the
present geographic boundaries of the public defender districts.
The board may require the reporting of statistical data,
budget information, and other cost factors by the state and
district public defenders and appointed counsel systems.
The state board of public defense shall design and conduct
programs for the training of all state and district public
defenders, appointed counsel, and attorneys for public defense
corporations funded in section 611.26.
Sec. 263. Laws 1988, chapter 686, article 2, section 5,
subdivision 2, is amended to read:
Subd. 2. [ORGANIZATION SELECTION.] The commissioner shall
select and contract with a marketplace assistance organization
to administer the Minnesota marketplace program. The
organization must:
(1) be a nonprofit corporation;
(2) have officers and employees who are knowledgeable on
the subject of community-based economic development and
development strategies on a statewide basis; and
(3) have demonstrated the capability of providing
informational and technical services to communities and economic
development organizations.
The contract may not extend beyond June 30, 1990.
Sec. 264. Laws 1988, chapter 686, article 2, section 10,
is amended to read:
Sec. 10. [REPEALER.]
Sections 1 to 3 are repealed July 1, 1991. Sections 4 to 8
are repealed July 1, 1990 1991.
Sec. 265. [CAREER DEVELOPMENT GRANTS.]
Subdivision 1. [AUTHORITY.] The commissioner of employee
relations may make career development grants to state employees
in the executive, judicial, or legislative branch who have at
least three years of state service.
Subd. 2. [PURPOSE OF GRANTS.] The grants may be used to
fund projects that examine government practices in Minnesota,
other states, the United States, and foreign countries. The
projects must be short-term and designed to investigate new
methods for delivering state services.
Subd. 3. [AMOUNT OF GRANT MATCHING.] The maximum grant
amount is $3,000. The grant must be matched by the agency
employing the grantee.
Subd. 4. [GRANT APPLICATIONS.] The commissioner must
publicize the grant program to eligible grant applicants. The
commissioner shall develop and make available a grant
application form. Only persons applying for grants on the
application form are eligible for grants.
Subd. 5. [GRANT CRITERIA.] The commissioner shall award
grants to those projects which the commissioner decides have the
best prospects for improving delivery of state services. The
decision of the commissioner is final with no right of appeal.
Subd. 6. [REPORT TO LEGISLATURE.] The commissioner shall
report on the grant program to the legislature by January 1,
1991.
Sec. 266. [84.975] [SHORELAND MANAGEMENT GRANTS.]
Subdivision 1. [PURPOSES.] The commissioner of natural
resources may make grants to local governments:
(1) to administer, monitor, and enforce state approved
shoreland management ordinances;
(2) to adopt shoreland management ordinances consistent
with statewide standards;
(3) to develop comprehensive lake by lake or river
shoreland management strategies that provide a unique plan to
guide activities on and adjacent to a lake or river; and
(4) to implement elements of a comprehensive lake or river
management strategy.
Subd. 2. [ACTION ON GRANT APPLICATIONS.] Upon receipt of a
request for a shoreland management grant, the commissioner of
natural resources must confer with the local government
requesting the grant and may make a grant based on the following
considerations:
(1) the number and classification of lakes and rivers in
the jurisdiction of the local government;
(2) the extent of current shoreland development;
(3) the development trends for the lakes and rivers;
(4) the miles of lake and river shoreline;
(5) whether the shoreland management ordinance or
regulation adopted by the local government meets the minimum
standards established by the commissioner;
(6) the degree and effectiveness of administration,
enforcement, and monitoring of the existing shoreland
ordinances;
(7) the ability of the local government to finance the
program or project; and
(8) the degree to which the program considers a
comprehensive approach to lake or river management including
land use, recreation, water levels, surface water use, fish,
wildlife, and water quality that may be secondary to the other
elements.
Subd. 3. [LIMITATIONS.] The maximum annual shoreland
management grant to local government for purposes of subdivision
1, clauses (1) and (2), may not exceed the local contribution to
the shoreland management activity. Any federal program aid for
shoreland management shall serve to reduce the state and local
contribution to the activity.
Sec. 267. [ADJUTANT GENERAL.]
Section 181 does not apply to the person who is adjutant
general on the effective date of section 181.
Sec. 268. [EXOTIC SPECIES MANAGEMENT AND MONITORING.]
Subdivision 1. [DEFINITION.] For the purpose of this
section, "exotic species" means nonnative plants or wild animals
that have the potential to harm the environment, or threaten
native plants or wild animals.
Subd. 2. [TASK FORCE.] (a) An interagency task force is
created to establish a long-term program on exotic species
management. The task force shall be composed of the
commissioner or director of the departments of natural
resources, agriculture, health, transportation, and board of
water and soil resources, and three people with special
expertise in the private sector on exotic plants or animals, to
be appointed by the commissioner of natural resources who shall
also serve as chair.
(b) Each commissioner or director may designate a delegate
from their respective state agencies to represent that
commissioner on the task force.
(c) The three private citizens on the task force may be
reimbursed for their necessary expenses in attending task force
meetings according to Minnesota Statutes, section 15.0575.
Subd. 3. [DUTIES; RESPONSIBILITIES.] The task force shall:
(1) identify the existing and potential exotic species
threats to the state's environment;
(2) rank the exotic species identified according to their
degree of threat;
(3) develop a long term management program for exotic
species control; and
(4) report on findings and recommendations to the natural
resources committees in the house and senate by January 1, 1990,
along with any necessary changes in legislation.
Sec. 269. [INSTRUCTION TO THE REVISOR.]
(a) The revisor shall change references to "Minnesota
future resources commission" to "legislative commission on
Minnesota resources" wherever they appear in the 1990 edition of
Minnesota Statutes and subsequent editions of the statutes.
(b) If legislation is enacted in the 1989 legislature to
change section numbers of provisions governing watercraft
licensing or to recodify those provisions into chapter 361A, the
revisor of statutes shall correct cross-references to those
provisions in this act and renumber the sections of Minnesota
Statutes in this act consistent with those changes.
(c) The revisor shall change references to "waste
management board" to "office of waste management," "board" where
it means waste management board to "office," "chair" where it
means chair of the waste management board to "director," "chair
of the board" where it means chair of the waste management board
to "director," and "board, through its chair" where it means
waste management board through its chair to "director" in
Minnesota Statutes 1990 and subsequent editions of the
statutes. Wherever a reference to "waste management board" or
"board" where it refers to the waste management board was
changed to another board or agency in laws enacted in the 1989
regular session as a result of reorganization order number 155,
the revisor shall change the reference to "office of waste
management" or "office."
Sec. 270. [REPEALER.]
(a) Minnesota Statutes 1988, sections 16A.133, subdivision
3; 85A.01, subdivision 1b; 115A.162; 116J.941; 116J.942; 161.52;
469.012, subdivision 5; 480.242, subdivision 4; 480.245; 611.07;
611.071; 611.25, subdivision 2; Laws 1983, chapter 334, section
7, as amended by Laws 1987, chapters 384, article 3, section 27;
386, article 10, section 8; and 401, section 36; Laws 1988,
chapter 686, article 1, section 21, are repealed.
(b) Minnesota Statutes 1988, sections 115A.03, subdivision
3; 115A.04; 115A.05; 115A.06, subdivisions 1 and 3; and 115A.11,
subdivision 3, are repealed on the day following final enactment.
Sec. 271. [EFFECTIVE DATES.]
(a) Section 221 is effective January 1, 1990. Section 180
is effective retroactively to any treatment after May 26, 1988.
(b) Sections 67; 79; 81; 83; 84; 85; 182; and 248 are
effective the day following final enactment.
(c) Section 189 is effective for forms filed for taxable
years beginning after December 31, 1989.
(d) Except as otherwise provided in this paragraph,
sections 214 and 222 to 242 are effective January 1, 1991. A
watercraft that is owned and licensed under section 361.03
before January 1, 1991, is not required to have a certificate of
title under sections 214 and 222 to 242 until the owner
transfers part of an interest in the watercraft, grants a
security interest in the watercraft, or renews the license.
(e) Sections 87 to 123 are effective March 1, 1991, with
the exception of section 87, clause (5), which is effective
March 1, 1990. Section 125 is effective March 1, 1990.
(f) Section 268 is effective June 1, 1989, and is repealed
June 30, 1990.
ARTICLE 2
PROCEEDS OF STRIPPER WELL LITIGATION
Section 1. [STRIPPER WELL LITIGATION.]
Subdivision 1. The appropriations in this section are
added to the appropriations made in Laws 1988, chapter 686,
article 1, section 37, and are available immediately after
enactment.
Subd. 2. $173,500 is appropriated to the commissioner of
administration for a grant to Bemidji State University for
research on the biotechnical conversion of peat to energy and
other useful products.
Subd. 3. $272,800 is appropriated to the commissioner of
administration for a grant to the University of Minnesota,
Crookston, for research on short rotation intensive culture of
hybrid poplars for the production of petroleum substitutes.
Subd. 4. $272,900 is appropriated to the commissioner of
administration for a grant to the city of Minneapolis energy
office to develop programs for promoting energy efficiency in
multifamily buildings and small businesses.
Subd. 5. $336,000 is appropriated to the commissioner of
administration for a grant to the University of Minnesota
southwest experiment station for research and on farm adoption
of energy efficient and conservation farming methods in
Minnesota.
Subd. 6. $284,000 is appropriated to the commissioner of
administration for a grant to the University of Minnesota, St.
Anthony Falls hydraulics laboratory for economic hydropower
development in Minnesota.
Subd. 7. $102,500 is appropriated to the commissioner of
administration for a grant to the self-reliance center for a
demonstration program on low cost furnace efficiency.
Subd. 8. $45,000 is appropriated to the commissioner of
administration for a grant to the Staples technical institute
for a natural air and low temperature grain drying demonstration
project.
Subd. 9. $107,500 is appropriated to the commissioner of
administration for a grant to the energy resource center for a
project evaluating domestic hot water supply options in
multifamily buildings.
Subd. 10. $255,000 is appropriated to the commissioner of
administration for a grant to the upper Minnesota valley
regional development commission for research and analysis of the
biological, engineering, and economic issues surrounding the
lowering of feedstock costs into polyhydroxybutyrate (PHBV)
biodegradable plastic resin plants.
Subd. 11. $57,000 is appropriated to the commissioner of
administration for a grant to the University of Minnesota
extension service 4H youth development for a University of
Minnesota bicycle promotion program to increase the number of
bicycle commuters.
Subd. 12. $724,000 is appropriated to the commissioner of
administration for a grant to the University of Minnesota cold
climate research center for research and demonstration projects
using alternative sources of energy and to promote energy
efficiency in buildings located in cold climates.
Subd. 13. $100,000 is appropriated to the commissioner of
administration for administration of the grants program. One
complement position is authorized.
Subd. 14. It is a condition of acceptance of the
appropriations made by this section that the agency or entity
receiving the appropriation must submit semiannual progress
reports and work plans in the form determined by the legislative
commission on Minnesota resources.
Subd. 15. $350,000 the first year and $350,000 the second
year are for a grant to a cold weather resource center organized
as a nonprofit corporation and meeting the conditions prescribed
in this item. Any unencumbered balance remaining in the first
year does not cancel and is available for the second year.
To be eligible for a grant under this subdivision, a cold
weather resource center must have its offices in or near the
city of International Falls; submit a report to the governor and
the legislature by January 15 of each year, including in it a
description of the center's activities for the last year, a
listing of contracts entered into by the center, and a summary
of the center's expenditures; and contract with a certified
public accounting firm to perform a financial and compliance
audit of the center and any subsidiary.
A center receiving a grant under this item must foster
economic development by promoting, attracting, and coordinating
cold weather research, testing, and related activities
throughout this state. The center must provide coordination and
services to institutions and companies that conduct cold weather
testing and research, but must not directly conduct its own
research or testing. It must provide only services that other
private-sector enterprises do not provide.
A center receiving a grant under this item must be governed
by a board of directors including representatives of industries
engaged in cold weather testing or research; development
organizations involved in applied research and business
development; state and local government; the department of
transportation; technical institutes; the community colleges
system; the University of Minnesota; and the state university
system.
$150,000 is appropriated to the amateur sports commission
by Laws 1988, chapter 868, article 1, section 16, item (b), for
operation of the Blaine sports facility is available until June
30, 1990.
The commissioner of finance may transfer money from the
general fund to the national sports center special revenue
account under Minnesota Statutes, section 16A.126. The transfer
must be repaid to the general fund by the amateur sports
commission from proceeds of the operation of the national sports
center by June 30, 1991.
Sec. 2. [REPEALER.]
Laws 1988, chapter 686, article 1, section 37, subdivision
10, is repealed.
Sec. 3. [EFFECTIVE DATE.]
This article is effective the day after final enactment.
ARTICLE 3
JUDICIAL SYSTEM
Section 1. Minnesota Statutes 1988, section 3.732,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section and
section 3.736 the terms defined in this section have the
meanings given them.
(1) "State" includes each of the departments, boards,
agencies, commissions, courts, and officers in the executive,
legislative, and judicial branches of the state of Minnesota and
includes but is not limited to the housing finance agency, the
higher education coordinating board, the higher education
facilities authority, the armory building commission, the
zoological board, the iron range resources and rehabilitation
board, the state agricultural society, the University of
Minnesota, state universities, community colleges, state
hospitals, and state penal institutions. It does not include a
city, town, county, school district, or other local governmental
body corporate and politic.
(2) "Employee of the state" means all present or former
officers, members, directors, or employees of the state, members
of the Minnesota national guard, members of a bomb disposal unit
approved by the commissioner of public safety and employed by a
municipality defined in section 466.01 when engaged in the
disposal or neutralization of bombs outside the jurisdiction of
the municipality but within the state, or persons acting on
behalf of the state in an official capacity, temporarily or
permanently, with or without compensation. It does not include
either an independent contractor or members of the Minnesota
national guard while engaged in training or duty under United
States Code, title 10, or title 32, section 316, 502, 503, 504,
or 505, as amended through December 31, 1983. "Employee of the
state" includes a public defender appointed by the state board
of public defense or a court-appointed guardian ad litem,
whether paid by the state or by a political subdivision.
(3) "Scope of office or employment" means that the employee
was acting on behalf of the state in the performance of duties
or tasks lawfully assigned by competent authority.
(4) "Judicial branch" has the meaning given in section
43A.02, subdivision 25.
Sec. 2. Minnesota Statutes 1988, section 43A.02,
subdivision 25, is amended to read:
Subd. 25. [JUDICIAL BRANCH.] "Judicial branch" means all
judges of the appellate courts, all employees of the appellate
courts, including commissions, boards and committees established
by the supreme court, the board of law examiners, the law
library, the office of the public defender, and all judges of
all courts of law, district court referees, judicial officers,
court reporters, law clerks, district administration employees
under section 484.68, and other agencies placed in the judicial
branch by law. Judicial branch does not include district
administration employees in the second and fourth judicial
districts, court administrators or their staff under chapter
485, guardians ad litem, or other employees within the court
system whose salaries are paid by the county, other than
employees who remain on the county payroll under section 14,
subdivision 2.
Sec. 3. Minnesota Statutes 1988, section 43A.24,
subdivision 2, is amended to read:
Subd. 2. [OTHER ELIGIBLE PERSONS.] The following persons
are eligible for state paid life insurance and hospital,
medical, and dental benefits as determined in applicable
collective bargaining agreements or by the commissioner or by
plans pursuant to section 43A.18, subdivision 6, or by the board
of regents for employees of the University of Minnesota not
covered by collective bargaining agreements. Coverages made
available, including optional coverages, are as contained in the
plan established pursuant to section 43A.18, subdivision 2.
(a) a member of the state legislature, provided that
changes in benefits resulting in increased costs to the state
shall not be effective until expiration of the term of the
members of the existing house of representatives. An eligible
member of the state legislature may decline to be enrolled for
state paid coverages by filing a written waiver with the
commissioner. The waiver shall not prohibit the member from
enrolling the member or dependents for optional coverages,
without cost to the state, as provided for in section 43A.26. A
member of the state legislature who returns from a leave of
absence to a position previously occupied in the civil service
shall be eligible to receive the life insurance and hospital,
medical, and dental benefits to which the position is entitled;
(b) a permanent employee of the legislature or a permanent
employee of a permanent study or interim committee or commission
or a state employee on leave of absence to work for the
legislature, during a regular or special legislative session;
(c) a judge of the appellate courts or an officer or
employee of these courts; a judge of the district court, a judge
of county court, a judge of county municipal court, or a judge
of probate court; a district court referee, judicial officer,
court reporter, or law clerk; a district administrator; and an
employee of the office of the district administrator of the
fifth or the eighth judicial districts that is not in the second
or fourth judicial district;
(d) a salaried employee of the public employees retirement
association;
(e) a full-time military or civilian officer or employee in
the unclassified service of the department of military affairs
whose salary is paid from state funds;
(f) a salaried employee of the Minnesota historical
society, whether paid from state funds or otherwise, who is not
a member of the governing board;
(g) an employee of the regents of the University of
Minnesota;
(h) notwithstanding section 43A.27, subdivision 3, an
employee of the state of Minnesota or the regents of the
University of Minnesota who is at least 60 and not yet 65 years
of age on July 1, 1982, who is otherwise eligible for employee
and dependent insurance and benefits pursuant to section 43A.18
or other law, who has at least 20 years of service and retires,
earlier than required, within 60 days of March 23, 1982; or an
employee who is at least 60 and not yet 65 years of age on July
1, 1982, who has at least 20 years of state service and retires,
earlier than required, from employment at Rochester state
hospital after July 1, 1981; or an employee who is at least 55
and not yet 65 years of age on July 1, 1982, and is covered by
the Minnesota state retirement system correctional employee
retirement plan or the state patrol retirement fund, who has at
least 20 years of state service and retires, earlier than
required, within 60 days of March 23, 1982. For purposes of
this clause, a person retires when the person terminates active
employment in state or University of Minnesota service and
applies for a retirement annuity. Eligibility shall cease when
the retired employee attains the age of 65, or when the employee
chooses not to receive the annuity that the employee has applied
for. The retired employee shall be eligible for coverages to
which the employee was entitled at the time of retirement,
subject to any changes in coverage through collective bargaining
or plans established pursuant to section 43A.18, for employees
in positions equivalent to that from which retired, provided
that the retired employee shall not be eligible for state-paid
life insurance. Coverages shall be coordinated with relevant
health insurance benefits provided through the federally
sponsored Medicare program; and
(i) An employee of an agency of the state of Minnesota
identified through the process provided in this paragraph who is
eligible to retire prior to age 65. The commissioner and the
exclusive representative of state employees shall enter into
agreements under section 179A.22 to identify employees whose
positions are in programs that are being permanently eliminated
or reduced due to federal or state policies or practices.
Failure to reach agreement identifying these employees is not
subject to impasse procedures provided in chapter 179A. The
commissioner must prepare a plan identifying eligible employees
not covered by a collective bargaining agreement in accordance
with the process outlined in section 43A.18, subdivisions 2 and
3. For purposes of this paragraph, a person retires when the
person terminates active employment in state service and applies
for a retirement annuity. Eligibility ends as provided in the
agreement or plan, but must cease at the end of the month in
which the retired employee chooses not to receive an annuity, or
the employee is eligible for employer-paid health insurance from
a new employer. The retired employees shall be eligible for
coverages to which they were entitled at the time of retirement,
subject to any changes in coverage through collective bargaining
or plans established under section 43A.18 for employees in
positions equivalent to that from which they retired, provided
that the retired employees shall not be eligible for state-paid
life insurance.
Sec. 4. Minnesota Statutes 1988, section 352.01,
subdivision 2b, is amended to read:
Subd. 2b. [EXCLUDED EMPLOYEES.] "State employee" does not
include:
(1) elective state officers;
(2) students employed by the University of Minnesota, the
state universities, and community colleges unless approved for
coverage by the board of regents, the state university board, or
the state board for community colleges, as the case may be;
(3) employees who are eligible for membership in the state
teachers retirement association except employees of the
department of education who have chosen or may choose to be
covered by the Minnesota state retirement system instead of the
teachers retirement association;
(4) employees of the University of Minnesota who are
excluded from coverage by action of the board of regents;
(5) officers and enlisted personnel in the national guard
and the naval militia who are assigned to permanent peacetime
duty and who under federal law are or are required to be members
of a federal retirement system;
(6) election officers;
(7) persons engaged in public work for the state but
employed by contractors when the performance of the contract is
authorized by the legislature or other competent authority;
(8) officers and employees of the senate and house of
representatives or a legislative committee or commission who are
temporarily employed;
(9) court employees, referees, receivers, jurors, and
notaries public, and court employees who are not in the judicial
branch as defined in section 43A.02, subdivision 25, except
employees of the appellate courts and referees and adjusters
employed by the department of labor and industry;
(10) patient and inmate help in state charitable, penal,
and correctional institutions including the Minnesota veterans
home;
(11) persons employed for professional services where the
service is incidental to regular professional duties and whose
compensation is paid on a per diem basis;
(12) employees of the Sibley House Association;
(13) employees of the Grand Army of the Republic and
employees of the ladies of the G.A.R.;
(14) operators and drivers employed under section 16.07,
subdivision 4;
(15) the members of any state board or commission who serve
the state intermittently and are paid on a per diem basis; the
secretary, secretary-treasurer, and treasurer of those boards if
their compensation is $500 or less per year, or, if they are
legally prohibited from serving more than two consecutive terms
and their total service is required by law to be less than ten
years; and the board of managers of the state agricultural
society and its treasurer unless the treasurer is also its
full-time secretary;
(16) state troopers;
(17) temporary employees of the Minnesota state fair
employed on or after July 1 for a period not to extend beyond
October 15 of that year; and persons employed at any time by the
state fair administration for special events held on the
fairgrounds;
(18) emergency employees in the classified service; except
that if an emergency employee, within the same pay period,
becomes a provisional or probationary employee on other than a
temporary basis, the employee shall be considered a "state
employee" retroactively to the beginning of the pay period;
(19) persons described in section 352B.01, subdivision 2,
clauses (b) and (c) formerly defined as state police officers;
(20) temporary employees in the classified service,
temporary employees in the unclassified service appointed for a
definite period of not more than six months and employed less
than six months in any one-year period and seasonal help in the
classified service employed by the department of revenue;
(21) trainees paid under budget classification number 41,
and other trainee employees, except those listed in subdivision
2a, clause (10);
(22) persons whose compensation is paid on a fee basis;
(23) state employees who in any year have credit for 12
months service as teachers in the public schools of the state
and as teachers are members of the teachers retirement
association or a retirement system in St. Paul, Minneapolis, or
Duluth;
(24) employees of the adjutant general employed on an
unlimited intermittent or temporary basis in the classified and
unclassified service for the support of army and air national
guard training facilities;
(25) chaplains and nuns who have taken a vow of poverty as
members of a religious order;
(26) labor service employees employed as a laborer 1 on an
hourly basis;
(27) examination monitors employed by departments,
agencies, commissions, and boards to conduct examinations
required by law;
(28) members of appeal tribunals, exclusive of the chair,
to which reference is made in section 268.10, subdivision 4;
(29) persons appointed to serve as members of fact-finding
commissions or adjustment panels, arbitrators, or labor referees
under chapter 179;
(30) temporary employees employed for limited periods under
any state or federal program for training or rehabilitation
including persons employed for limited periods from areas of
economic distress except skilled and supervisory personnel and
persons having civil service status covered by the system;
(31) full-time students employed by the Minnesota
historical society intermittently during part of the year and
full-time during the summer months;
(32) temporary employees, appointed for not more than six
months, of the metropolitan council and of any of its statutory
boards, if the board members are appointed by the metropolitan
council;
(33) persons employed in positions designated by the
department of employee relations as student workers;
(34) any person who is 65 years of age or older when
appointed and who does not have allowable service credit for
previous employment, unless the employee gives notice to the
director within 60 days after appointment that coverage is
desired;
(35) members of trades employed by the metropolitan waste
control commission with trade union pension plan coverage under
a collective bargaining agreement first employed after June 1,
1977;
(36) persons employed in subsidized on-the-job training,
work experience, or public service employment as enrollees under
the federal Comprehensive Employment and Training Act after
March 30, 1978, unless the person has as of the later of March
30, 1978 or the date of employment sufficient service credit in
the retirement system to meet the minimum vesting requirements
for a deferred annuity, or the employer agrees in writing on
forms prescribed by the director to make the required employer
contributions, including any employer additional contributions,
on account of that person from revenue sources other than funds
provided under the federal Comprehensive Employment and Training
Act, or the person agrees in writing on forms prescribed by the
director to make the required employer contribution in addition
to the required employee contribution;
(37) off-duty peace officers while employed by the
metropolitan transit commission under section 629.40,
subdivision 5; and
(38) persons who are employed as full-time firefighters by
the department of military affairs and as firefighters are
members of the public employees police and fire fund.
Sec. 5. Minnesota Statutes 1988, section 353.01,
subdivision 2a, is amended to read:
Subd. 2a. [INCLUDED EMPLOYEES.] The following persons are
included in the meaning of "public employee":
(1) elected or appointed officers and employees of elected
officers;
(2) district court reporters persons who elect to remain
members under section 14, subdivision 2;
(3) officers and employees of the public employees
retirement association;
(4) employees of the league of Minnesota cities;
(5) officers and employees of public hospitals owned or
operated by, or an integral part of, a governmental subdivision
or governmental subdivisions;
(6) employees of a school district who receive separate
salaries for driving their own buses;
(7) employees of the association of Minnesota counties;
(8) employees of the metropolitan intercounty association;
(9) employees of the Minnesota municipal utilities
association;
(10) employees of the metropolitan airports commission if
employment initially commenced after June 30, 1979;
(11) employees of the Minneapolis employees retirement
fund, if employment initially commenced after June 30, 1979;
(12) employees of the range association of municipalities
and schools;
(13) employees of the soil and water conservation
districts;
(14) employees of a county historical society who are
county employees;
(15) employees of a county historical society located in
the county whom the county, at its option, certifies to the
executive director to be county employees for purposes of
retirement coverage under this chapter, which status must be
accorded to all similarly situated county historical society
employees and, once established, must continue as long as a
person is an employee of the county historical society and is
not excluded under subdivision 2b;
(16) employees of an economic development authority created
under sections 458C.01 to 458C.23;
(17) employees of the department of military affairs of the
state of Minnesota who are full-time firefighters.
Sec. 6. Minnesota Statutes 1988, section 357.021,
subdivision 1a, is amended to read:
Subd. 1a. Every person, including the state of Minnesota
and all bodies politic and corporate, who shall transact any
business in the district court, shall pay to the court
administrator of said court, for the use of said county, the
sundry fees hereinafter prescribed; provided, however, that no
county to which this section applies, being a party to any
action or proceeding in the district court established in such
county, shall be required to pay fees to the court administrator
thereof in subdivision 2. The court administrator shall
transmit the fees monthly to the county treasurer who shall
forward the funds to the state treasurer for deposit in the
state treasury and credit to the general fund.
Sec. 7. Minnesota Statutes 1988, section 357.021,
subdivision 2, is amended to read:
Subd. 2. [FEE AMOUNTS.] The fees to be charged and
collected by the court administrator shall be as follows:
(1) In every civil action or proceeding in said court, the
plaintiff, petitioner, or other moving party shall pay, when the
first paper is filed for that party in said action, a fee of
$30 $55, except that in an action for marriage dissolution, the
fee is $55 $75.
The defendant or other adverse or intervening party, or any
one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall
pay, when the first paper is filed for that party in said
action, a fee of $30 $55, except that in an action for marriage
dissolution, the fee for the respondent is $75.
The party requesting a trial by jury shall pay $30.
The fees above stated shall be the full trial fee
chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without
trial, and shall include the entry of judgment in the action,
but does not include copies or certified copies of any papers so
filed or proceedings under sections 106A.005 to 106A.811, except
the provisions therein as to appeals.
(2) Certified copy of any instrument from a civil or
criminal proceeding $5, plus 25 cents per page after the first
page and $3.50, plus 25 cents per page after the first page for
an uncertified copy.
(3) Issuing a subpoena $3 for each name.
(4) Issuing an execution and filing the return thereof;
issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $5.
(5) Issuing a transcript of judgment, or for filing and
docketing a transcript of judgment from another court, $5.
(6) Filing and entering a satisfaction of judgment, partial
satisfaction or assignment of judgment, $5.
(7) Certificate as to existence or nonexistence of
judgments docketed, $1 for each name certified to and $3 for
each judgment certified to.
(8) Filing and indexing trade name; or recording notary
commission; or recording basic science certificate; or recording
certificate of physicians, osteopaths, chiropractors,
veterinarians or optometrists, $5.
(9) For the filing of each partial, final, or annual
account in all trusteeships, $10.
(10) All other services required by law for which no fee is
provided such fee as compares favorably with those herein
provided, or such as may be fixed by rule or order of the court.
Sec. 8. Minnesota Statutes 1988, section 357.021,
subdivision 2a, is amended to read:
Subd. 2a. [CERTAIN FEE PURPOSES.] Of the petitioner's
marriage dissolution fee collected pursuant to subdivision 1,
the court administrator shall pay $35 to the state treasurer to
be deposited in the special revenue fund to be used as follows:
$15 for the purposes of funding grant programs for emergency
shelter services and support services to battered women under
sections 611A.31 to 611A.36 and for administering displaced
homemaker programs established under section 268.96; and $20 is
appropriated to the commissioner of corrections for the purpose
of funding emergency shelter services and support services to
battered women, on a matching basis with local money for 20
percent of the costs and state money for 80 percent. Of the $15
for the purposes of funding grant programs for emergency shelter
services and support services to battered women under sections
611A.31 to 611A.36 and for administering displaced homemaker
programs established under section 268.96, $6.75 is appropriated
to the commissioner of corrections and $8.25 is appropriated to
the commissioner of jobs and training. The commissioner of jobs
and training may use money appropriated in this subdivision for
the administration of a displaced homemaker program regardless
of the date on which the program was established.
Sec. 9. Minnesota Statutes 1988, section 357.021,
subdivision 4, is amended to read:
Subd. 4. Nothing in this section shall be construed as
amending, modifying, redistributing, or repealing the provisions
as to library fees contained in chapter 140.
Sec. 10. [357.022] [CONCILIATION COURT FEE.]
The court administrator in every county shall charge and
collect a filing fee of $10 from every plaintiff and from every
defendant when the first paper for that party is filed in any
conciliation court action. The court administrator shall
transmit the fees monthly to the state treasurer for deposit in
the state treasury and credit to the general fund.
Sec. 11. Minnesota Statutes 1988, section 357.08, is
amended to read:
357.08 [PAID BY APPELLANT IN APPEAL.]
There shall be paid to the clerk of the appellate courts by
the appellant, or moving party or person requiring the service,
in all cases of appeal, certiorari, habeas corpus, mandamus,
injunction, prohibition, or other original proceeding, when
initially filed with the clerk of the appellate courts, the sum
of $50 $150 to the clerk of the appellate courts. In addition,
there shall be paid by the appellant or moving party or person
the sum of $10 to the court or agency whose decision is sought
to be reviewed. No An additional filing fee of $50 shall be
required for a petition for accelerated review by the supreme
court. A filing fee of $50 $150 shall be paid to the clerk of
the appellate courts upon the filing of a petition for review
from a decision of the court of appeals. A filing fee of $150
shall be paid to the clerk of the appellate courts upon the
filing of a petition for permission to appeal. A filing fee of
$75 shall be paid to the clerk of the appellate courts upon the
filing by a respondent of a notice of review. The clerk shall
transmit the fees to the state treasurer for deposit in the
state treasury and credit to the general fund.
The clerk shall not file any paper, issue any writ or
certificate, or perform any service enumerated herein, until the
payment has been made for it. The clerk shall pay the sum into
the state treasury as provided for by section 15A.01.
The charges provided for shall not apply to disbarment
proceedings, nor to an action or proceeding by the state taken
solely in the public interest, where the state is the appellant
or moving party, nor to copies of the opinions of the court
furnished by the clerk to the parties before judgment, or
furnished to the district judge whose decision is under review,
or to such law library associations in counties having a
population exceeding 50,000, as the court may direct.
Sec. 12. Minnesota Statutes 1988, section 466.01,
subdivision 6, is amended to read:
Subd. 6. [EMPLOYEE, OFFICER, OR AGENT.] For the purposes
of sections 466.01 to 466.15, "employee," "officer," or "agent"
means a present or former employee, officer, or agent of a
municipality, or other person acting on behalf of the
municipality in an official capacity, temporarily or
permanently, with or without compensation, but does not include
an independent contractor. "Employee" includes court
administrators and their staff under chapter 485, district
administration staff in the second and fourth judicial
districts, guardians ad litem, and other employees within the
court system whose salaries are paid by the county, other than
employees who remain on the county payroll under section 14,
subdivision 2.
Sec. 13. Minnesota Statutes 1988, section 480.058, is
amended to read:
480.058 [RIGHT RESERVED.]
Subdivision 1. [BY LEGISLATURE.] Sections 480.051 to
480.058 shall not abridge the right of the legislature to enact,
modify, or repeal any statute or modify or repeal any rule of
the supreme court adopted pursuant thereto.
Subd. 2. [APPELLATE FEES AND FORFEITS.] Appellate court
fees collected under Minnesota Rules of Civil Appellate
Procedure Numbers 103, 115, 120, 121, or other law or rule and
bond amounts or security deposits forfeit under Minnesota Rules
of Civil Appellate Procedure Numbers 107 and 108 must be
transmitted to the state treasurer for deposit in the state
treasury and credit to the general fund.
Sec. 14. [480.181] [TRANSFER OF EMPLOYEES TO JUDICIAL
BRANCH.]
Subdivision 1. [STATE EMPLOYEES; COMPENSATION.] District
court referees, judicial officers, court reporters, law clerks,
and district administration staff, other than district
administration staff in the second and fourth judicial
districts, are state employees and are governed by the judicial
branch personnel rules adopted by the supreme court. The
supreme court, in consultation with the conference of chief
judges, shall establish the salary range of these employees
under the judicial branch personnel rules. In establishing the
salary ranges, the supreme court shall consider differences in
the cost of living in different areas of the state.
Subd. 2. [ELECTION TO RETAIN INSURANCE AND BENEFITS;
RETIREMENT.] (a) Before a person is transferred to state
employment under this section, the person may elect to do either
or both of the following:
(1) keep life insurance; hospital, medical, and dental
insurance; and vacation and sick leave benefits and accumulated
time provided by the county instead of receiving benefits from
the state under the judicial branch personnel rules; or
(2) remain a member of the public employees retirement
association or the Minneapolis employees retirement fund instead
of joining the Minnesota state retirement system.
Employees who make an election under clause (1) remain on
the county payroll, but the state shall reimburse the county on
a quarterly basis for the salary and cost of the benefits
provided by the county. The state shall make the employer
contribution to the public employees retirement association or
the employer contribution under section 422A.101, subdivision
1a, to the Minneapolis employees retirement fund on behalf of
employees who make an election under clause (2).
(b) An employee who makes an election under paragraph (a),
clause (1), may revoke the election, once, at any time, but if
the employee revokes the election, the employee cannot make
another election. An employee who makes an election under
paragraph (a), clause (2) may revoke the election at any time
within six months after the person becomes a state employee.
Once an employee revokes this election, the employee cannot make
another election.
(c) The supreme court, after consultation with the
conference of chief judges, the commissioner of employee
relations, and the executive directors of the public employees
retirement association and the Minnesota state retirement
association, shall adopt procedures for making elections under
this section.
(d) The supreme court shall notify all affected employees
of the options available under this section. The executive
directors of the public employees retirement association and the
Minnesota state retirement system shall provide counseling to
affected employees on the effect of making an election to remain
a member of the public employees retirement association.
Subd. 3. [ACCUMULATED BENEFITS.] A person who begins to
receive benefits from the state under the judicial branch
personnel rules under this section must receive credit for
accumulated vacation and sick leave time, as certified by the
county auditor and district administrator.
Subd. 4. [DATE OF EMPLOYMENT.] A person who becomes a
state employee under this section is considered to have begun
employment with the state on the date the person became a county
or judicial district employee to determine eligibility for
benefits.
Sec. 15. Minnesota Statutes 1988, section 480.235, is
amended to read:
480.235 [TRIAL COURT INFORMATION SYSTEM.]
The cost of operating the trial court information system in
a judicial district must be shared between the state and the
participating counties of a judicial district. The state share
of operating costs is limited to the following categories:
computer and terminal equipment hardware, computer and terminal
equipment maintenance, software acquisition and maintenance,
durable supplies, communications equipment acquisition and
maintenance, data communications, and new judicial district
systems personnel. The participating counties of a judicial
district must pay all other operating costs, including but not
limited to: space rental for computer equipment, utilities,
consumable supplies, postage, off-site computer disk file
storage, and all personnel-related expenses, other than salaries
and fringe benefits for judicial district systems personnel must
be paid by the state.
Sec. 16. Minnesota Statutes 1988, section 484.545,
subdivision 2, is amended to read:
Subd. 2. Notwithstanding any law to the contrary, in all
judicial districts, except the fourth judicial district, a
salary range for law clerks shall be established annually by the
judicial district administrator with the approval of a majority
of judges of the district. the salary for each law clerk shall
be set within that range annually by the district administrator
after consultation with the chief judge within the range
established under, or referred to in, section 14, as provided in
the judicial branch personnel rules.
Nothing herein shall change the manner by which law clerk
salaries are paid, the proportions among the various counties of
a judicial district by which the funds are allocated or any
statutory provision related to law clerk compensation other than
the manner of setting salary. Each county shall be required by
the order to pay a specified amount thereof in monthly
installments which shall be such proportion of the whole
salaries as the population of the county is to the total
population of the counties to which the judge is assigned as
determined by the last census.
Sec. 17. Minnesota Statutes 1988, section 484.545,
subdivision 3, is amended to read:
Subd. 3. The law clerks, in addition to their salary,
shall be paid necessary mileage, traveling and hotel expenses
accrued in their discharge of official duties while absent from
their permanent work assignment location. The county auditor of
the county for which the expenses were incurred, Upon
presentation of a verified statement approved by one of the
judges, shall issue a warrant in payment thereof the state shall
pay the expenses.
Sec. 18. Minnesota Statutes 1988, section 484.62, is
amended to read:
484.62 [COMPENSATION AND REPORTER.]
When a retired judge undertakes such service, the retired
judge shall be provided at the expense of the county of
performance of the service with a reporter, selected by the
retired judge, at the expense of the state, and with a deputy
clerk, bailiff, if the judge deems a bailiff necessary, and a
courtroom or hearing room for the purpose of holding court or
hearings, to be paid for by the county in which the service is
rendered and shall receive pay and expenses in the amount and
manner provided by law for judges serving on the court to which
the retired judge is assigned, less the amount of retirement pay
which the judge is receiving, said payment to be made in the
same manner as the payment of salaries for judges of the
district court, on certification by the chief judge of the
judicial district or by the chief justice of the supreme court
of the state of Minnesota. A deputy court administrator may act
as bailiff when called to do so for the purposes of this
section. A retired judge who solemnizes a marriage while not
assigned under section 484.61 is not entitled to the
compensation provided by this section.
Sec. 19. Minnesota Statutes 1988, section 484.64,
subdivision 3, is amended to read:
Subd. 3. The board of county commissioners of Ramsey
county shall provide suitable chambers and courtroom space,
clerks, reporters, bailiffs, and one or more referees and other
personnel to assist said judge, together with necessary library,
supplies, stationery and other expenses necessary thereto. The
state shall provide referees, court reporters, and law clerks.
Sec. 20. Minnesota Statutes 1988, section 484.65,
subdivision 3, is amended to read:
Subd. 3. The board of county commissioners of Hennepin
county shall provide suitable chambers and courtroom space,
clerks, secretaries or reporters, bailiffs, and one or more
referees and other personnel to assist said judge, together with
necessary library, supplies, stationery and other expenses
necessary thereto. The state shall provide referees, court
reporters, and law clerks.
Sec. 21. Minnesota Statutes 1988, section 484.65,
subdivision 7, is amended to read:
Subd. 7. The district court judge, family court division,
may, with the consent and approval of the judges of the district
court of the fourth judicial district, appoint one or more
suitable persons to act as referees. Such referees shall be
learned in the law and shall hold office at the pleasure of the
judges of the district court. The compensation of a referee
shall be fixed by the personnel board of Hennepin county and
appropriated by the county board and shall be paid in the same
manner as other county employees are paid.
Sec. 22. Minnesota Statutes 1988, section 484.68,
subdivision 5, is amended to read:
Subd. 5. [BUDGET FOR OFFICE.] The office budget of the
district administrator shall be set by the chief judge of the
judicial district and apportioned among the counties of the
district paid by the state. The budget must include sufficient
money for the staff authorized by this section and other staff
and expenses authorized under law. A county shall provide
office facilities for the district administrator.
Sec. 23. Minnesota Statutes 1988, section 485.018,
subdivision 5, is amended to read:
Subd. 5. [COLLECTION OF FEES.] The court administrator of
district court shall charge and collect all fees as prescribed
by law and all such fees collected by the court administrator as
court administrator of district court shall be paid to the
county treasurer. Except for those portions of forfeited bail
paid to victims pursuant to existing law, the county treasurer
shall forward all revenue from fees and forfeited bail collected
under chapters 357 and 574 to the state treasurer for deposit in
the state treasury and credit to the general fund, unless
otherwise provided in chapter 611A or other law, in the manner
and at the times prescribed by the county board state treasurer,
but not less often than once each month. All other money must
be deposited in the county general fund unless otherwise
provided by law. The court administrator of district court
shall not retain any additional compensation, per diem or other
emolument for services as court administrator of district court,
but may receive and retain mileage and expense allowances as
prescribed by law.
Sec. 24. Minnesota Statutes 1988, section 485.018,
subdivision 7, is amended to read:
Subd. 7. [APPEAL FROM RESOLUTION OF THE BOARD.] The court
administrator of district court if dissatisfied with the action
of the county board in setting the amount of the court
administrator's salary or the amount of the budget for the
office of court administrator of district court, may appeal to
the district court on the grounds that the determination of the
county board in setting such salary or budget was arbitrary,
capricious, oppressive or without sufficiently taking into
account the extent of the responsibilities and duties of said
office, and the court administrator's experience,
qualifications, and performance. The appeal shall be taken
within 15 days after the date of the resolution setting such
salary or budget by serving a notice of appeal on the county
auditor and filing same with the court administrator of the
district court. The court either in term or vacation and upon
ten days notice to the chair of the board shall hear such
appeal. On the hearing of the appeal the court shall review the
decision or resolution of the board in a hearing de novo and may
hear new or additional evidence, or the court may order the
officer appealing and the board to submit briefs or other
memoranda and may dispose of the appeal on such writings. If
the court shall find that the board acted in an arbitrary,
capricious, oppressive or unreasonable manner or without
sufficiently taking into account the responsibilities and duties
of the office of the court administrator, and the court
administrator's experience, qualifications, and performance, it
shall make such order to take the place of the order appealed
from as is justified by the record and shall remand the matter
to the county board for further action consistent with the
court's findings. After determination of the appeal the county
board shall proceed in conformity therewith. This subdivision
is not in effect from July 1, 1989, to July 1, 1991 with respect
to the amount of the budget of the office of court administrator
of district court.
Sec. 25. Minnesota Statutes 1988, section 486.05,
subdivision 1, is amended to read:
Subdivision 1. In all judicial districts a salary range
for court reporters shall be established annually by the
judicial district administrator with the approval of a majority
of judges of the district. The salary for each court reporter
shall be set within that range annually by the district
administrator after consultation with the chief judge within the
range established under section 14, as provided in the judicial
branch personnel rules. Nothing in this subdivision changes the
manner by which court reporters are paid, the proportions among
the various counties of a judicial district by which the funds
are allocated or any statutory provisions related to court
reporter compensation other than the manner of setting salary.
Each county shall be required by order to pay a specified amount
of the salary in monthly installments, which shall be the
proportion of the whole salary as the population in each county
bears to the total population in the district in the most recent
federal census. If a judge is temporarily transferred to hold
court in a county outside of the judge's judicial district then
that county shall pay a part of the monthly salary of the
judge's reporter equal to the part of the month worked by the
reporter in the county. The reporter, in addition to a salary,
shall be paid necessary mileage, traveling, and hotel expenses
incurred in the discharge of official duties while absent from
the home chambers where the judge the reporter serves is
assigned. The expenses are to be paid by the county for which
the expenses were incurred upon presentation of a verified
itemized statement approved by the judge; and the auditor of the
county, upon presentation of the approved statement, shall issue
a warrant for payment.
This subdivision supersedes all laws relating to the salary
of district court reporters inconsistent with this subdivision,
except the manner of setting salary in this subdivision does not
apply to the second and fourth judicial districts.
Sec. 26. Minnesota Statutes 1988, section 486.05, as
amended by section 25, is amended to read:
486.05 [DISTRICT COURT; REPORTERS' SALARIES AND EXPENSES.]
Subdivision 1. [SALARIES.] The salary for each court
reporter shall be set annually by the district administrator
within the range established under section 12 as provided in the
judicial branch personnel rules.
Subd. 1a. [EXPENSES.] The A court reporter, in addition to
a salary, shall be paid necessary mileage, traveling, and hotel
expenses incurred in the discharge of official duties while
absent from the home chambers where the judge the reporter
serves is assigned. The expenses are to be paid by the county
for which the expenses were incurred state upon presentation of
a verified itemized statement approved by the judge; and the
auditor of the county, upon presentation of the approved
statement, shall issue a warrant for payment.
This subdivision supersedes all laws relating to the salary
of district court reporters inconsistent with this subdivision,
except the manner of setting salary in this subdivision does not
apply to the second and fourth judicial districts.
Sec. 27. Minnesota Statutes 1988, section 486.055, is
amended to read:
486.055 [COURT REPORTER TRANSCRIPT FEE CHARGES; REPORTING
REQUIREMENTS.]
Each court reporter who charges a fee for the preparation
of transcripts shall by April 15 of each year file with the
district administrator of the reporter's judicial district and
the county commissioners of the district an accounting of gross
receipts and net income from these receipts for the prior
calendar year. The accounting report shall specify the amount
received in payment for the sale of transcripts.
Sec. 28. Minnesota Statutes 1988, section 486.06, is
amended to read:
486.06 [CHARGE FOR TRANSCRIPT.]
In addition to the salary specified set in section 486.05,
the court reporter may charge for a transcript of a record
ordered by any person other than the judge 50 cents per original
folio thereof and ten cents per folio for each manifold or other
copy thereof when so ordered that it can be made with the
original transcript. The chief judge of the judicial district
may by order establish new transcript fee ceilings annually.
A court reporter may impose a fee authorized under this
section only if the transcript is delivered to the person who
ordered it within a reasonable time after it was ordered.
Sec. 29. Minnesota Statutes 1988, section 487.08,
subdivision 5, is amended to read:
Subd. 5. All judicial officers are subject to the
administrative authority and assignment power of the chief judge
of the district as provided in section 484.69, subdivision 3.
They shall be learned in the law, and shall hear and try matters
as assigned to them by the chief judge. Their salary shall be
fixed by the chief judge, with the approval of the county board
or boards of the counties in which they hold office, and shall
be paid by the county or counties within the range established
under section 14 and must not exceed the salary for referees
under section 15A.083, subdivision 6. The supreme court must
not approve aggregate performance increases for these employees
that exceed an average of five percent per year.
Sec. 30. Minnesota Statutes 1988, section 487.31,
subdivision 1, is amended to read:
Subdivision 1. The fees payable to the court administrator
for the following services in civil actions are:
In all civil actions within the jurisdiction of the county
court, the fees payable to the court administrator shall be the
same as in district court. The county court shall determine by
rule the fees payable in cases heard in the conciliation
division of the county court. The fee payable for cases heard
in conciliation court division is established under section 10.
The filing fees must be transmitted to the county treasurer who
shall transmit them to the state treasurer for deposit in the
general fund.
The fees payable to the court administrator for the
following services in petty misdemeanors or criminal actions are
governed by the following provisions:
In the event the court takes jurisdiction of a prosecution
for the violation of a statute or ordinance by the state or a
governmental subdivision other than a city or town within the
county court district; all fines, penalties and forfeitures
collected shall be paid over to the treasurer of the
governmental subdivision which submitted a case for prosecution
except where a different disposition is provided by law, in
which case payment shall be made to the public official entitled
thereto. The following fees for services in petty misdemeanor
or criminal actions shall be taxed to the state or governmental
subdivision which would be entitled to payment of the fines,
forfeiture or penalties in any case, and shall be retained by
the court administrator for disposing of the matter but in no
case shall the fee that is taxed exceed the fine that is
imposed. The court administrator shall deduct the fees from any
fine collected and transmit the balance in accordance with the
law, and the deduction of the total of such fees each month from
the total of all such fines collected is hereby expressly made
an appropriation of funds for payment of such fees:
(1) In all cases where the defendant pleads guilty at or
prior to first appearance and sentence is imposed or the matter
is otherwise disposed of without a trial ..... $5
(2) Where the defendant pleads guilty after first
appearance or prior to trial ..... $10
(3) In all other cases where the defendant is found guilty
by the court or jury or pleads guilty during trial ..... $15
(4) The court shall have the authority to waive the
collection of fees in any particular case.
The fees set forth in this subdivision shall not apply to
parking violations for which complaints and warrants have not
been issued.
Sec. 31. Minnesota Statutes 1988, section 488A.14,
subdivision 1, is amended to read:
Subdivision 1. [COMMENCEMENT OF ACTION.] An action is
commenced against each defendant when the complaint is filed
with the court administrator of conciliation court and a the
filing fee of $9 is paid to the court administrator or the
prescribed affidavit in lieu of the filing fee is filed. The
filing fees must be transmitted to the county treasurer who
shall transmit them to the state treasurer for deposit in the
general fund.
Sec. 32. Minnesota Statutes 1988, section 488A.17,
subdivision 2, is amended to read:
Subd. 2. [PROCEDURE FOR REMOVAL OF CAUSE.] No cause shall
be removed by the aggrieved party unless all of the following
acts are performed within 20 days after the date the court
administrator mailed to the aggrieved party notice of the order
for judgment:
(a) Serving on the opposing party or the opposing party's
attorney a demand for removal of the cause to the municipal
court for trial de novo stating whether trial by a jury of six
persons or by the court without a jury is demanded. Service
shall be made upon a party by mail or by personal service in
accordance with the provisions for personal service of a summons
in the municipal court or shall be made upon the party's
attorney in accordance with the provisions for service of a
notice of motion upon an attorney in the municipal court. The
demand shall show the office address of the attorney for each
party and the residence address of each party who does not have
an attorney.
(b) Filing with the court administrator of conciliation
court the original demand for removal and proof of service
thereof. If the opposing party or the opposing party's attorney
cannot be found and service of the demand is made within the 20
day period, the aggrieved party may file with the court
administrator within the 20 day period the original and a copy
of the demand, together with an affidavit by the aggrieved party
or the party's attorney showing that due and diligent search has
been made and that the opposing party or the opposing party's
attorney cannot be found. The filing of this affidavit shall
serve in lieu of making service and filing proof of service.
When an affidavit is filed, the court administrator shall mail
the copy of the demand to the opposing party at the opposing
party's last known residence address.
(c) Filing with the court administrator of conciliation
court an affidavit by the aggrieved party or the aggrieved
party's attorney stating that the removal is made in good faith
and not for the purpose of delay.
(d) Paying to the court administrator of conciliation court
$2 when the demand is for trial by court or $7 when the demand
is for trial by a jury of six persons. as the fee for removal
the amount of the filing fee for a civil action in district
court. The fee must be forwarded to the state treasurer for
deposit in the state treasury and credit to the general fund.
Sec. 33. Minnesota Statutes 1988, section 488A.31,
subdivision 1, is amended to read:
Subdivision 1. [FILING FEE.] An action is commenced
against each defendant when the complaint is filed with the
administrator of conciliation court and a the filing fee set by
the board of Ramsey county commissioners is paid to the
administrator or the prescribed affidavit in lieu of filing fee
is filed. No filing fee is payable by the county. The fees
must be forwarded to the state treasurer for deposit in the
state treasury and credit to the general fund.
Sec. 34. Minnesota Statutes 1988, section 488A.34,
subdivision 2, is amended to read:
Subd. 2. [PROCEDURE FOR REMOVAL OF CAUSE.] No cause shall
be removed by the aggrieved party unless all of the following
acts are performed within 20 days after the date the
administrator mailed to the aggrieved party notice of the order
for judgment:
(a) Serving on the opposing party or the opposing party's
attorney a demand for removal of the cause to the municipal
court for trial de novo stating whether trial by a jury of six
persons or by the court without a jury is demanded. Service
shall be made upon a party by mail or by personal service in
accordance with the provisions for personal service of a summons
in the municipal court or shall be made upon the party's
attorney in accordance with the provisions for service of a
notice of motion upon an attorney in the municipal court. The
demand shall show the office address of the attorney for each
party and the residence address of each party who does not have
an attorney.
(b) Filing with the administrator of conciliation court the
original demand for removal and proof of service thereof. If
the opposing party or the opposing party's attorney cannot be
found and service of the demand is made within the 20 day
period, the aggrieved party may file with the administrator
within the 20 day period the original and a copy of the demand,
together with an affidavit by the aggrieved party or the
aggrieved party's attorney showing that due and diligent search
has been made and that the opposing party or the opposing
party's attorney cannot be found. The filing of this affidavit
shall serve in lieu of making service and filing proof of
service. When an affidavit is filed, the administrator shall
mail the copy of the demand to the opposing party at the
opposing party's last known address.
(c) Filing with the administrator of conciliation court an
affidavit by the aggrieved party or the opposing party's
attorney stating that the removal is made in good faith and not
for the purpose of delay.
(d) Paying to the administrator of conciliation court as
the fee set by the board of Ramsey County commissioners when the
demand is for trial by court, and the fee as set by the Ramsey
County commissioners when the demand is for trial by a jury of
six. The above fee is not payable by the county. for removal
the amount of the filing fee for a civil action in district
court. The fees shall be forwarded to the state treasurer for
deposit in the state treasury and credited to the general fund.
Sec. 35. Minnesota Statutes 1988, section 525.033, is
amended to read:
525.033 [FEES FOR FILING PETITIONS.]
The probate court shall collect a fee as established by
section 357.021, subdivision 2, clause (1), for filing a
petition to commence a proceeding under this chapter and chapter
524. The fee for copies of all documents in probate proceedings
must be the same as the fee established for certified copies in
civil proceedings under section 357.021, subdivision 2. Fees
collected under this section and section 525.031 must be
forwarded to the state treasurer for deposit in the state
treasury and credited to the general fund.
Sec. 36. Minnesota Statutes 1988, section 611.26,
subdivision 2, is amended to read:
Subd. 2. The state board of public defense shall appoint a
district public defender. When appointing a district public
defender, the state board of public defense membership shall be
increased to include two judges of the district and two county
commissioners of the counties within the district. The
additional members shall serve only in the capacity of selecting
the district public defender. The judges within the district
shall elect their two ad hoc members. The two county
commissioners within the district shall be selected by the
county boards of the counties within the district. The ad hoc
state board of public defense shall appoint a district public
defender only after requesting and giving reasonable time to
receive any recommendations from the public, the local bar
association, the judges of the district, and the county
commissioners within the district. Each district public
defender shall be a qualified attorney, licensed to practice law
in this state. The district public defender shall be appointed
for a term of four years, beginning August November 1, pursuant
to the following staggered term schedule: (1) in 1987, the
third and eighth districts; (2) in 1988, the first and tenth
districts; (3) in 1989, the fifth and ninth districts; and (4)
in 1990, the sixth and seventh districts; (5) in 1991, the
second, fourth, and eighth districts; and (6) in 1992, the
first, third, and tenth districts. The district public
defenders shall serve for staggered four-year terms and may be
removed for cause upon the order of the state board of public
defense. Vacancies in the office shall be filled by the
appointing authority for the unexpired term.
Sec. 37. [611.263] [COUNTY IS EMPLOYER OF RAMSEY, HENNEPIN
DEFENDERS.]
Subdivision 1. [EMPLOYEES.] (a) The district public
defender and assistant public defenders of the second judicial
district are employees of Ramsey county in the unclassified
service under section 383A.286.
(b) The district public defender and assistant public
defenders of the fourth judicial district are employees of
Hennepin county under section 383B.63, subdivision 6.
Subd. 2. [PUBLIC EMPLOYER.] (a) Notwithstanding section
179A.03, subdivision 15, clause (c), the Ramsey county board is
the public employer under the public employment labor relations
act for the district public defender and assistant public
defenders of the second judicial district.
(b) Notwithstanding section 179A.03, subdivision 15, clause
(c), the Hennepin county board is the public employer under the
public employment labor relations act for the district public
defender and assistant public defenders of the fourth judicial
district.
Sec. 38. [TRANSITION, PUBLIC DEFENDERS; SECOND AND FOURTH
DISTRICTS.]
The district public defender of the second judicial
district serving on July 1, 1989, shall continue in office until
the expiration of the term to which appointed or until August 1,
1991, whichever date is later.
The district public defender of the fourth judicial
district serving on July 1, 1989, shall continue in office until
the expiration of the term to which appointed or until August 1,
1991, whichever date is later.
Sec. 39. [631.021] [SPEEDY CRIMINAL TRIALS; CASE
DISPOSITION OBJECTIVES.]
The judges of each judicial district must adopt and
administer rules or procedures to ensure that, on and after July
1, 1994, the following timing objectives for the disposition of
criminal cases are met by judges within the district:
(1) 90 percent of all criminal cases must be disposed of
within 120 days;
(2) 97 percent of all criminal cases must be disposed of
within 180 days; and
(3) 99 percent of all criminal cases must be disposed of
within 365 days.
The time periods referred to in clauses (1) to (3) must be
measured from the date the criminal complaint is filed, to the
date the defendant is either found not guilty or is sentenced.
If the criminal case begins by indictment rather than by
criminal complaint, the time period must be measured from the
date the indictment is returned.
Sec. 40. [COURT MANAGEMENT PLAN.]
On or before January 1, 1990, the judges of each judicial
district shall prepare a written caseload management plan to
implement the goal of ensuring the right to speedy trial in
criminal cases and the expeditious disposition of civil cases.
The plan must discuss current caseloads in each judicial
district and the time necessary to dispose of the various types
of cases, including felonies, gross misdemeanors, misdemeanors,
marriage dissolution and other family law matters, probate,
juvenile, general civil matters, and conciliation court
matters. The plan must be based on the assumption that the
judicial and staff resources that will be available are those
available on July 1, 1989.
In addition to preparing a caseload management plan, the
judges of each judicial district shall make written
recommendations for any changes in rules of procedure or
statutes affecting procedure that they find would improve the
expeditious disposition of criminal and civil cases in the
district courts.
A copy of the caseload management plan, including any
recommendations for changes in rules of procedure or statutes
affecting procedure, must be filed with the state court
administrator and the chairs of the judiciary committees of the
house of representatives and of the senate on or before January
1, 1990.
Sec. 41. [CRIMINAL COURTS STUDY COMMISSION.]
The supreme court shall establish a commission to study
ways to more expeditiously dispose of criminal cases in the
district courts, in a manner that preserves the interest of both
the defendant and the state in having a fair and just outcome.
The commission shall consist of sufficient members to provide
adequate representation of the viewpoints and experience of
judges, prosecutors, and defense attorneys involved in the
disposition of criminal matters. The commission may establish
advisory groups to focus on juvenile law or other specific areas
of practice.
The commission study must include the following:
(1) whether model proposals or rules and statutes from
other jurisdictions provide any alternatives that might be
followed to modify the rules of criminal procedure and statutes
affecting criminal procedure in ways that would simplify
procedures without sacrificing fair outcome;
(2) whether certain kinds of offenses, such as traffic
petty misdemeanors and housing code violations, might be better
processed if the only possible sentence were a fine rather than
incarceration, if a referee or administrative officer rather
than a judge presided, and if no prosecuting attorney was
involved, with the option of enhancing the matter to a
misdemeanor if prior judgments have been entered against a
party;
(3) whether the petty misdemeanor category should be
expanded to replace current misdemeanor offenses in some
instances, with criteria for enhancing a petty misdemeanor to a
misdemeanor in specified circumstances; and
(4) whether other administrative or legislative action can
be taken to facilitate the expeditious disposition of criminal
cases without sacrifice of due process of law.
The commission shall report its conclusions to the supreme
court on or before January 1, 1991.
Sec. 42. [TRANSITIONAL PROVISIONS.]
Subdivision 1. [HIRING AND SALARY MORATORIUM.] A county or
a court must not increase the number of referees, judicial
officers, court reporters, law clerks, or district
administration employees in the county, other than district
administration employees in the second or fourth judicial
district, without approval of the supreme court unless the
increase was authorized before January 30, 1989.
Notwithstanding any law to the contrary, the supreme court may
authorize an additional complement of up to five law clerks for
the seventh judicial district. A county or a court must not
increase the salaries of these employees without the approval of
the supreme court, unless the increase is made under a plan
adopted before January 30, 1989. The supreme court must not
approve aggregate performance increases for these employees that
exceed an average of four percent.
Subd. 2. [TRANSFER OF PROPERTY.] The title to all personal
property owned by the county that is used by the employees
listed in subdivision 1 in the scope of their employment is
transferred to the state when they become state employees.
Subd. 3. [RULES.] The supreme court, in consultation with
the conference of chief judges, may adopt rules to implement
this article.
Subd. 4. [BUDGETS.] Notwithstanding any law to the
contrary, the budgets for the judicial districts including the
number of complement positions and salaries must be submitted by
the district administrators to the supreme court. The budgets
shall include the current levels of funding and positions at the
time of submission as well as the requests for increases in
funding and positions. Submission of the budgets for calendar
year 1990 must be made to the supreme court. The supreme court
shall then submit the budgets to the department of finance, and
the legislature by January 15, 1990. Submission of the budgets
for calendar year 1991 must be made by October 1, 1990.
Sec. 43. [CONTINUED STUDY BY SUPREME COURT.]
The supreme court shall continue to study all county-funded
components of the district courts and make recommendations to
the governor and the legislature by August 1, 1990, for
inclusion in the governor's budget recommendations to the
legislature for the 1991 session, regarding their control and
financing. The supreme court shall also study the right to
legal counsel in juvenile justice matters and recommend criteria
for that right to the legislature by July 1, 1990.
EIGHTH JUDICIAL DISTRICT PROJECT AND RELATED MATTERS
Sec. 44. [APPLICATION.]
Sections 45 to 54, except the parts of section 54, that by
their terms have broader application, apply only in the eighth
judicial district for the period from January 1, 1990, to June
30, 1991.
Those parts of section 54, having broader application,
apply statewide for the period from July 1, 1989, to June 30,
1991.
Sec. 45. [FINES AND FORFEITED BAIL.]
Subdivision 1. [THIS PREVAILS.] Subdivision 2 prevails
over contrary provisions of Minnesota Statutes, section 97A.065,
subdivision 2.
Subd. 2. [GAME AND FISH LAWS.] (a) Fines and forfeited
bail collected from prosecutions of violations of the game and
fish laws, Minnesota Statutes, sections 84.09 to 84.15, and
84.81 to 84.88, chapter 348, and any other law relating to wild
animals, and aquatic vegetation must be paid to the treasurer of
the county where the violation is prosecuted. The county
treasurer shall submit one-half of the receipts to the
commissioner and the balance to the state treasurer for deposit
in the state treasury and credit to the general fund, except as
provided in paragraph (b).
(b) The county treasurer shall indicate the amount of the
receipts that are assessments or surcharges imposed under
Minnesota Statutes, section 609.101 and shall submit all of
those receipts to the commissioner. The receipts must be
credited to the game and fish fund to provide peace officer
training for persons employed by the commissioner who are
licensed under section 626.84, subdivision 1, clause (c), and
who possess peace officer authority to enforce game and fish
laws.
Sec. 46. [FINES AND FORFEITED BAIL MONEY.]
Subdivision 1. [THIS PREVAILS.] Subdivision 2 prevails
over contrary provisions of Minnesota Statutes, section 299D.03,
subdivision 5.
Subd. 2. [STATE PATROL.] (a) Fines and forfeited bail
money from traffic and motor vehicle law violations collected
from persons apprehended or arrested by officers of the state
patrol must be paid by the collector before the 11th day after
the last day of the month in which the money was collected, to
the county treasurer of the county where the violation
occurred. The receipts must be transmitted by the collector to
the state treasurer. Three-eighths of the receipts must be
credited to the general fund and five-eighths of the receipts
must be credited to the trunk highway fund. If, however, the
violation occurs within a municipality and the city attorney
prosecutes the offense, and a plea of not guilty is entered,
one-third of the receipts must be credited to the general
revenue fund of the state, one-third of the receipts must be
paid to the municipality prosecuting the offense, and one-third
must be transmitted to the state treasurer to be credited to the
trunk highway fund. All costs of participation in a nationwide
police communication system chargeable to the state of Minnesota
must be paid from appropriations for that purpose.
(b) Notwithstanding any other law, fines and forfeited bail
money from violations of statutes governing the maximum weight
of motor vehicles, collected from persons apprehended or
arrested by employees of the state of Minnesota, by means of
stationary or portable scales operated by the employees, must be
paid by the collector before the 11th day after the last day of
the month in which the collections were made, to the county
treasurer of the county where the violation occurred. The
receipts must be transmitted by the collector to the state
treasurer. Five-eighths of the receipts must be credited to the
highway user tax distribution fund and three-eighths of the
receipts must be credited to the general fund.
Sec. 47. [FEES.]
Subdivision 1. [THIS PREVAILS.] Subdivision 2 prevails
over contrary provisions of Minnesota Statutes, section 357.021,
subdivision 1a.
Subd. 2. [PROCEDURE.] A person, including the state of
Minnesota and a body politic and corporate, who transacts
business in the district court, shall pay to the court
administrator the fees prescribed in Minnesota Statutes, section
357.021, subdivision 2. The court administrator shall transmit
the fees monthly to the county treasurer who shall forward the
money to the state treasurer for deposit in the state treasury
and credit to the general fund.
Sec. 48. [PAID BY APPELLANT IN APPEAL.]
Subdivision 1. [THIS PREVAILS.] Subdivision 2 prevails
over contrary provisions of Minnesota Statutes, section 357.08.
Subd. 2. [PROCEDURE.] $60 must be paid to the clerk of the
appellate courts by the appellant, or moving party or person
requiring the service, in all cases of appeal, certiorari,
habeas corpus, mandamus, injunction, prohibition, or other
original proceeding, when first filed with the clerk of the
appellate courts. An additional filing fee is not required for
a petition for accelerated review by the supreme court. A
filing fee of $50 must be paid to the clerk of the appellate
courts on the filing of a petition for review from a decision of
the court of appeals.
The clerk must not file a paper, issue a writ or
certificate, or perform a service listed in this section, until
the payment has been made for it. The clerk shall pay the sum
into the state treasury as provided for by Minnesota Statutes,
section 15A.01.
The charges provided for do not apply to disbarment
proceedings, nor to an action or proceeding by the state taken
solely in the public interest, where the state is the appellant
or moving party, nor to copies of the opinions of the court
furnished by the clerk to the parties before judgment, or
furnished to the district judge whose decision is under review,
or, as the court directs, to law library associations in
counties having a population exceeding 50,000.
Sec. 49. [COLLECTION OF FEES.]
Subdivision 1. [THIS PREVAILS.] Subdivision 2 prevails
over contrary provisions of Minnesota Statutes, section 485.018,
subdivision 5.
Subd. 2. [PROCEDURE.] The court administrator of district
court shall charge and collect all fees as prescribed by law and
the fees collected by the court administrator as court
administrator of district court must be paid to the county
treasurer. The court shall forward all money collected under
Minnesota Statutes, chapter 357, 487, or 574 to the state
treasurer for deposit in the state treasury and credit to the
general fund in the manner and at the times prescribed by the
state treasurer, but not less often than once each month. The
court administrator of district court must not keep any
additional compensation, per diem or other emolument for
services as court administrator of district court, but may
receive and keep mileage and expense allowances as prescribed by
law.
Sec. 50. [CONCILIATION COURT.]
Subdivision 1. [THIS PREVAILS.] Subdivision 2 prevails
over contrary provisions of Minnesota Statutes, section 487.31,
subdivision 1.
Subd. 2. [FEES.] The fee payable for cases in the
conciliation court division is established under section 10.
The conciliation court filing fees must be transmitted to the
county treasurer who shall forward them to the state treasurer
for deposit in the state treasury and credit to the general fund.
The fees payable to the court administrator for the
following services in petty misdemeanors or criminal actions are
governed by the following provisions:
In the event the court takes jurisdiction of a prosecution
for the violation of a statute or ordinance by the state or a
governmental subdivision other than a city or town located in
whole or in part within the county; all fines, penalties, and
forfeitures collected must be paid over to the treasurer of the
governmental subdivision that submitted a case for prosecution
except where a different disposition is provided by law, in
which case payment must be made to the public official entitled
to it.
Sec. 51. [REFUNDS.]
Subdivision 1. [THIS PREVAILS.] Subdivision 2 prevails
over contrary provisions of Minnesota Statutes, section 487.32,
subdivision 3.
Subd. 2. [PROCEDURE.] A judge of district court may order
any forfeited sums to be reinstated and the state treasurer
shall then refund accordingly. The state treasurer shall
reimburse the court administrator if the court administrator
refunds the deposit upon a judge's order and obtains a receipt
to be used as a voucher.
Sec. 52. [OTHER MONEY TO STATE.]
Money that is collected by the court administrator under
Minnesota Statutes, chapter 357, 487, or 574 and not required to
be distributed to a city by statute must be paid to the state
treasurer for deposit in the state treasury and credit to the
general fund.
Sec. 53. [IF NO SPECIFICS HERE, TO GENERAL FUND.]
Subdivision 1. [THIS PREVAILS.] Subdivision 2 prevails
over contrary provisions of Minnesota Statutes, section 574.34,
subdivision 1.
Subd. 2. [FINES AND FORFEITURES.] Fines and forfeitures
collected by the court administrator and not specially granted
or appropriated in this article or not required to be
distributed to a city by statute, must be paid to the county
treasurer who shall forward the funds to the state treasurer for
deposit in the state treasury and credit to the general fund.
Sec. 54. [EIGHTH JUDICIAL DISTRICT PROJECT.]
Subdivision 1. [APPROPRIATION.] The appropriation for the
eighth district project is for the period of January 1, 1990, to
June 30, 1991, and is available until spent and does not cancel.
Money for the project must not be used to increase complement
above the number set without regard to this article. Funds
appropriated in article 1 for the eighth district project may
only be used for increased expenses necessitated by salary
increases, and other verifiable escalating expenses associated
with the operations of the eighth judicial district, and for
contingencies as provided in subdivision 3.
Subd. 2. [BUDGETS.] During the period of the pilot project
the court administrators and the judicial district administrator
in the eighth judicial district shall each develop a budget in a
form prescribed by the supreme court. The budgets must include
the costs of operating the courts in the eighth judicial
district, but must not include the costs of capital
expenditures. The budgets must be submitted to the supreme
court with the comments of the district administrator and chief
judge. The supreme court shall provide copies of the budgets to
the chairs of the house appropriations committee and the senate
finance committee and the commissioner of finance.
Subd. 3. [CONTINGENCY FUND.] The money appropriated in
article 1 to the commissioner of finance for a contingency
amount for unanticipated cost increases of the eighth judicial
district project is to be available on request of the supreme
court. Money from this contingency amount is subject to the
same process under Minnesota Statutes, section 3.30 as the
general contingency appropriation.
Subd. 4. [FEE, FINE, AND FORFEITURE REVENUE.] During the
time of the eighth district project the court administrators in
the eighth judicial district shall collect and transmit to the
state treasurer each month all filing fee revenue and bail
forfeitures, and the county share of fine revenue. The money
must be recorded by the state treasurer each month on a county
by county basis. Except as otherwise provided in this article,
the money must be deposited in the state's general fund as
nondedicated receipts.
Subd. 5. [COOPERATION.] The court employees, county
officials, and the county boards of the affected counties shall
cooperate with the state and district court administrators in
implementing all phases of the pilot project.
Subd. 6. [ACCOUNTING PLAN.] The supreme court shall
consult with all district administrators and appropriate county
officials in the other judicial districts and develop a uniform
plan for accounting and shall implement detailed reporting of
the costs of the various functions of the judicial districts and
court costs in the counties. The plan shall also include the
costs of items not mentioned in this section that the supreme
court believes may be a function that the state could take over
if it were to fund the state trial court system. These costs
must be included in any report to the legislature on state
takeover of the trial court and public defense systems.
Counties in all the judicial districts shall cooperate with the
supreme court and the state board of public defense in
developing these standards and calculating and reporting these
costs in a timely and accurate manner.
Subd. 7. [REPORT TO LEGISLATURE.] The supreme court shall
make a report to the legislature by February 1, 1991, on the
results of the eighth district project and the potential costs
and revenues to be transferred to the state if the state were to
fund the takeover of the trial court system statewide. The
report shall include an analysis of all the costs of and
revenues from the operations of all the trial courts in the
state. The analysis must identify appropriate job
classifications and salary ranges for court employees, and the
costs and benefits associated with a change from county to state
employment. The report must also include an evaluation of the
improvement of the administration of justice, if any, that
results from the eighth district project and that may result as
a consequence of the state takeover. The report must also
include recommendations for state takeover of trial court costs
statewide including a detailed estimate of the costs and
benefits, employee status, types of costs that may be associated
with a state takeover, and an accounting system for the courts.
Subd. 8. [LEVY.] During the pilot project the counties
that make up the eighth judicial district shall continue to levy
for and pay the costs to operate the eighth judicial district
and public defense services that the state does not fund during
the eighth district project. The supreme court shall certify to
the counties on or before October 1 of each year the amount
necessary in excess of the state-funded eighth district project
costs. The counties are responsible on a per capita prorated
basis for the costs that the state is not assuming. These
include but are not limited to capital costs, rent, and other
associated costs. The county administrator of each of the
counties shall consult with the supreme court and the eighth
judicial district administrator regarding these costs before
setting county budgets and levies for calendar year 1990.
Subd. 9. [LIMITS.] The costs to the state for the eighth
district project are limited to the appropriations in article 1
for the project and for contingencies as provided in subdivision
3.
Sec. 55. [DO NOT APPLY.]
Minnesota Statutes 1988, sections 487.31, subdivision 4;
and 525.012, subdivisions 1 to 4, do not apply in the eighth
judicial district during the period from January 1, 1990, to
July 1, 1990.
Sec. 56. [DE NOVO HEARINGS FROM CONCILIATION COURT.]
Fees collected under county court rule No. 1.21, and
special rules of procedure for county court of St. Louis county
No. 29.21, shall be forwarded to the state treasurer for deposit
in the state treasury and credit to the general fund.
Sec. 57. [REPEALERS.]
Subdivision 1. [JANUARY 1, 1990.] Minnesota Statutes 1988,
sections 611.07; 611.071; and 611.25, subdivision 2, are
repealed January 1, 1990.
Subd. 2. [JULY 1, 1990.] Minnesota Statutes 1988, sections
383B.63, subdivisions 4 and 5; 487.31, subdivision 4; 525.012,
subdivisions 1, 2, 3, and 4; 611.12; and 611.214; and Laws 1975,
chapter 258, section 6, subdivisions 1, 3, 4, and 5, are
repealed July 1, 1990.
Subd. 3. [JANUARY 1, 1992.] Minnesota Statutes 1988,
sections 486.07; 488A.05; 488A.111; 488A.22; and 488A.281, are
repealed January 1, 1992.
Sec. 58. [EFFECTIVE DATES.]
Subdivision 1. [JANUARY 1, 1992; EXCEPTIONS.] (a) In all
judicial districts except the eighth, sections 1, 2, 3, 4, 5,
14, 17, 18, 19, 20, 21, and 26, are effective January 1, 1992;
except that these sections are effective to make affected
district administration staff, other than district
administration staff in the second and fourth judicial
districts, state employees on July 1, 1990, and law clerks state
employees October 1, 1990.
(b) The sections listed in paragraph (a) are effective
January 1, 1990, for all court employees in the eighth judicial
district including court administrators and staff.
(c) Section 1 is effective July 1, 1989, for guardians ad
litem.
Subd. 2. [JULY 1, 1990, OUTSIDE 8TH.] In all judicial
districts except the eighth, sections 6, 7, 8, 11, 13, 15, 22,
23, 30, 31, 32, 33, 34, 35, 36, 37, 38, and 56, are effective
July 1, 1990.
ARTICLE 4
FUND CONSOLIDATION
Section 1. [STATEMENT OF PURPOSE.]
During recent years the state of Minnesota has experienced
a significant increase in the number of special revenue accounts
and funds that has created a large base of nongeneral fund
budget activities. The resulting structure is complicated and
at best difficult for the legislature to exercise adequate
legislative oversight of. Executive branch agencies are also
being faced with increased administrative costs and programmatic
restrictions because of the growing number of special revenue
funds and accounts. This article is an attempt to simplify the
existing accounting structure and develop an accounting
organizational structure that is reflective of agency functional
organizations.
The consolidations in this article are not intended to
restructure programs within agencies by reducing the number of
special revenue accounts and funds. Fund consolidation in this
article shall not be accomplished at the expense of those user
groups who pay fees to the current special revenue accounts and
funds. Fees currently being paid shall continue to be used for
the purposes for which the fees were created.
Sec. 2. Minnesota Statutes 1988, section 6.48, is amended
to read:
6.48 [EXAMINATION OF COUNTIES; COST, FEES.]
All the powers and duties conferred and imposed upon the
state auditor shall be exercised and performed by the state
auditor in respect to the offices, institutions, public
property, and improvements of several counties of the state. At
least once in each year, if funds and personnel permit, the
state auditor shall visit, without previous notice, each county
and make a thorough examination of all accounts and records
relating to the receipt and disbursement of the public funds and
the custody of the public funds, including the game and fish
funds, and other property. The state auditor shall prescribe
and install systems of accounts and financial reports that shall
be uniform, so far as practicable, for the same class of
offices. A copy of the report of such examination shall be
filed and be subject to public inspection in the office of the
state auditor and another copy in the office of the auditor of
the county thus examined. The state auditor may accept the
records and audit, or any part thereof, of the department of
human services in lieu of examination of the county social
welfare funds, if such audit has been made within any period
covered by the state auditor's audit of the other records of the
county. If any such examination shall disclose malfeasance,
misfeasance, or nonfeasance in any office of such county, such
report shall be filed with the county attorney of the county,
and the county attorney shall institute such civil and criminal
proceedings as the law and the protection of the public
interests shall require.
The county receiving such examination, and the division of
game and fish of the department of natural resources of the
state of Minnesota, in the case of the examination of the game
and fish funds, shall pay to the state auditor's revolving
general fund, notwithstanding the provisions of section 16A.125,
the total cost and expenses of such examinations, including the
salaries paid to the examiners while actually engaged in making
such examination. The state auditor on deeming it advisable may
bill counties, having a population of 200,000 or over, monthly
for services rendered and the officials responsible for
approving and paying claims shall cause said bill to be promptly
paid. The revolving general fund of the state auditor shall be
credited with all collections made for any such examinations.
Sec. 3. Minnesota Statutes 1988, section 6.56, is amended
to read:
6.56 [COST OF EXAMINATION, PAYMENT.]
Upon the examination of the books, records, accounts, and
affairs of any county, city, town, or school district, as
provided by law, such county, city, town, or school district
shall be liable to the state for the total cost and expenses of
such examination, including the salaries paid to the examiners
while actually engaged in making such examination. The state
auditor may bill such county, city, town, or school district
monthly for service rendered and the officials responsible for
approving and paying claims are authorized to pay said bill
promptly. Said payments shall be without prejudice to any
defense against said claims that may exist or be asserted. The
revolving general fund of the state auditor shall be credited
with all collections made for any such examinations.
Sec. 4. Minnesota Statutes 1988, section 6.58, is amended
to read:
6.58 [REVOLVING GENERAL FUND.]
The revolving general fund established by Laws 1947,
chapter 634, section 24, shall be used to provide personnel, pay
other expenses, and for the acquisition of equipment used in
connection with reimbursable examinations and other duties
pursuant to law. When full-time personnel are not available,
the state auditor may contract with private persons, firms, or
corporations for accounting and other technical services.
Notwithstanding any law to the contrary, the acquisition of
equipment may include duplicating equipment to be used in
producing the reports issued by the department. All receipts
from such reimbursable examinations shall be deposited in the
general fund and are hereby reappropriated to that purpose. The
state auditor is directed to adjust the schedule of charges for
such examinations to provide that such charges shall be
sufficient to cover all costs of such examinations and that the
aggregate charges collected shall be sufficient to pay all
salaries and other expenses including charges for the use of the
equipment used in connection with such reimbursable examinations
and including the cost of contracting for accounting and other
technical services. The schedule of charges shall be based upon
an estimate of the cost of performing reimbursable examinations
including, but not limited to, salaries, office overhead,
equipment, authorized contracts, and other expenses. The state
auditor may allocate a proportionate part of the total costs to
an hourly or daily charge for each person or class of persons
engaged in the performance of an examination. The schedule of
charges shall reflect an equitable charge for the expenses
incurred in the performance of any given examination. The state
auditor shall review and adjust the schedule of charges for such
examinations at least annually and have all schedules of charges
approved by the commissioner of finance before they are adopted
so as to insure that the amount collected shall be sufficient to
pay all the costs connected with such examinations during the
fiscal year and that the unobligated balance, including accounts
receivable, in the revolving fund at the end of each fiscal year
shall not be less than $315,000. The unobligated balance in the
revolving fund in excess of $350,000, as of June 30 of each
fiscal year, shall be canceled into the general fund.
Sec. 5. Minnesota Statutes 1988, section 8.31, subdivision
2c, is amended to read:
Subd. 2c. [CONSUMER EDUCATION ACCOUNT FUND.] If a court of
competent jurisdiction finds that a sum recovered under this
section for the benefit of injured persons cannot reasonably be
distributed to the victims, because the victims cannot readily
be located or identified, or because the cost of distributing
the money would outweigh the benefit to the victims, then the
court may order that the money be paid into a consumer education
account the general fund. All sums recovered must be deposited
into the state treasury and credited to the consumer education
account general fund. The money credited to the account may be
expended only as appropriated by law for the following purposes:
(1) to prepare and distribute educational materials to
inform the public regarding consumer protection laws and
consumer rights;
(2) to underwrite educational seminars and other forms of
educational projects for the benefit of consumers and
businesses;
(3) to contract for or conduct educational or research
projects in the field of consumer protection, to further the
purposes of the laws referred to in subdivision 1; and
(4) to assist the commissioner of education in establishing
curriculum guidelines for elementary and secondary schools in
the areas of consumer protection and consumer literacy.
Sec. 6. Minnesota Statutes 1988, section 8.31, subdivision
3, is amended to read:
Subd. 3. [INJUNCTIVE RELIEF.] In addition to the penalties
provided by law for violation of the laws referred to in
subdivision 1, specifically and generally, whether or not
injunctive relief is otherwise provided by law, the courts of
this state are vested with jurisdiction to prevent and restrain
violations of those laws, to require the payment of civil
penalties, to require payment into a consumer education account
the general fund, and to appoint administrators as provided in
subdivision 3C. On becoming satisfied that any of those laws
has been or is being violated, or is about to be violated, the
attorney general shall be entitled, on behalf of the state; (a)
to sue for and have injunctive relief in any court of competent
jurisdiction against any such violation or threatened violation
without abridging the penalties provided by law; and (b) to sue
for and recover for the state, from any person who is found to
have violated any of the laws referred to in subdivision 1, a
civil penalty, in an amount to be determined by the court, not
in excess of $25,000. All sums recovered by the attorney
general under this section shall be deposited in the general
fund of the state treasury, but sums recovered and deposited
pursuant to subdivision 2C must be credited to a consumer
education account as provided in subdivision 2C.
Sec. 7. Minnesota Statutes 1988, section 16A.125,
subdivision 5, is amended to read:
Subd. 5. [SUSPENSE ACCOUNT.] The term "state forest trust
fund lands" as used in this subdivision, means public land in
trust under the constitution set apart as "forest lands under
the authority of the commissioner" of natural resources as
defined by section 89.001, subdivision 13.
The commissioner of finance and the treasurer shall credit
the revenue from the forest trust fund lands to the forest
suspense account. The account must specify the trust funds
interested in the lands and the respective receipts of the lands.
After a fiscal year, the commissioner of finance shall
certify the total costs incurred for forestry during that year
under appropriations for the protection, improvement,
administration, and management of state forest trust fund
lands. The certificate must specify the trust funds interested
in the lands. The commissioner of natural resources shall
supply the commissioner of finance with the information needed
or the certificate.
After a fiscal year, the commissioner and the treasurer
shall distribute the receipts credited to the suspense account
during that fiscal year as follows:
(a) The amount of the certified costs incurred by the state
for forest management during the fiscal year shall be
transferred to the state forest development account general
fund. If these costs exceed $500,000, the amount of the excess
shall be transferred to the forest management fund of section
89.04.
(b) The balance of the receipts shall then be returned
prorated to the trust funds in proportion to their respective
interests in the lands which produced the receipts.
Sec. 8. [16A.531] [FUNDS CREATED.]
Subdivision 1. [ENVIRONMENTAL FUND.] There is created in
the state treasury an environmental fund as a special revenue
fund for deposit of receipts from environmentally related fees
and activities conducted by the state.
Subd. 2. [NATURAL RESOURCES FUND.] There is created in the
state treasury a natural resources fund as a special revenue
fund for deposit of certain receipts from fees and services
associated with natural resource management by the state.
Sec. 9. Minnesota Statutes 1988, section 16B.42,
subdivision 4, is amended to read:
Subd. 4. [FUNDING.] Appropriations and other funds made
available to the council for staff, operational expenses, and
grants must be administered through the department of
administration. Fees charged to local units of government for
the administrative costs of the council and revenues derived
from royalties, reimbursements, or other fees from software
programs, systems, or technical services arising out of
activities funded by current or prior state appropriations must
be credited to an account in the special revenue fund and are
appropriated to the council for the purposes enumerated in
subdivision 2. general fund appropriations for the council may
also be credited by the commissioner of administration to the
account in the special revenue fund. The unencumbered balance
of an appropriation for grants in the first year of a biennium
does not cancel but is available for the second year of the
biennium.
Sec. 10. Minnesota Statutes 1988, section 16B.48,
subdivision 2, is amended to read:
Subd. 2. [PURPOSE OF FUNDS.] Money in the state treasury
credited to the general services revolving fund and money which
is deposited in the fund is appropriated annually to the
commissioner for the following purposes:
(1) to operate a central store and equipment service;
(2) to operate a central duplication and printing service;
(3) to purchase postage and related items and to refund
postage deposits as necessary to operate the central mailing
service;
(4) to operate a documents service as prescribed by section
16B.51;
(5) to provide advice and other services to political
subdivisions for the management of their records, information,
and telecommunication systems;
(6) to provide services for the maintenance, operation, and
upkeep of buildings and grounds managed by the commissioner of
administration;
(7) to provide analytical, statistical, and organizational
development services to state agencies, local units of
government, metropolitan and regional agencies, and school
districts;
(8) to provide capitol security services through the
department of public safety; and
(9) to perform services for any other agency. Money shall
be expended for this purpose only when directed by the
governor. The agency receiving the services shall reimburse the
fund for their cost, and the commissioner shall make the
appropriate transfers when requested. The term "services" as
used in this clause means compensation paid officers and
employees of the state government; supplies, materials,
equipment, and other articles and things used by or furnished to
an agency; and utility services, and other services for the
maintenance, operation, and upkeep of buildings and offices of
the state government.
Sec. 11. Minnesota Statutes 1988, section 16B.70, is
amended to read:
16B.70 [SURCHARGE.]
Subdivision 1. [COMPUTATION.] To defray the costs of
administering sections 16B.59 to 16B.73, a surcharge is imposed
on all permits issued by municipalities in connection with the
construction of or addition or alteration to buildings and
equipment or appurtenances after June 30, 1971, as follows:
If the fee for the permit issued is fixed in amount the
surcharge is equivalent to one-half mill (.0005) of the fee or
50 cents, whichever amount is greater. For all other permits,
the surcharge is as follows: (a) if the valuation of the
structure, addition, or alteration is $1,000,000 or less, the
surcharge is equivalent to one-half mill (.0005) of the
valuation of the structure, addition, or alteration; (b) if the
valuation is greater than $1,000,000, the surcharge is $500 plus
two-fifths mill (.0004) of the value between $1,000,000 and
$2,000,000; (c) if the valuation is greater than $2,000,000 the
surcharge is $900 plus three-tenths mill (.0003) of the value
between $2,000,000 and $3,000,000; (d) if the valuation is
greater than $3,000,000 the surcharge is $1,200 plus one-fifth
mill (.0002) of the value between $3,000,000 and $4,000,000; (e)
if the valuation is greater than $4,000,000 the surcharge is
$1,400 plus one-tenth mill (.0001) of the value between
$4,000,000 and $5,000,000; and (f) if the valuation exceeds
$5,000,000 the surcharge is $1,500 plus one-twentieth mill
(.00005) of the value which exceeds $5,000,000.
By September 1 of each odd-numbered year, the commissioner
shall rebate to municipalities any money received under this
section and section 16B.62 in the previous biennium in excess of
the cost to the building code division and the passenger
elevator inspector in the department of labor and industry in
that biennium of carrying out their duties under sections 16B.59
to 16B.73. The rebate to each municipality must be in
proportion to the amount of the surcharges collected by that
municipality and remitted to the state. The amount necessary to
meet the commissioner's rebate obligations under this
subdivision is appropriated to the commissioner from the special
revenue general fund.
Subd. 2. [COLLECTION AND REPORTS.] All permit surcharges
must be collected by each municipality and a portion of them
remitted to the state. Each municipality having a population
greater than 20,000 people shall prepare and submit to the
commissioner once a month a report of fees and surcharges on
fees collected during the previous month, but shall retain two
percent of the surcharges collected to apply against the
administrative expenses the municipality incurs in collecting
the surcharges. All other municipalities shall submit the
report and surcharges on fees once a quarter, but shall retain
four percent of the surcharges collected to apply against the
administrative expenses the municipalities incur in collecting
the surcharges. The report, which must be in a form prescribed
by the commissioner, must be submitted together with a
remittance covering the surcharges collected by the 15th day
following the month or quarter in which the surcharges are
collected. All surcharges and other fees prescribed by sections
16B.59 to 16B.71, which are payable to the state, must be paid
to the commissioner who shall deposit them in the state treasury
for credit to the special revenue general fund.
Sec. 12. Minnesota Statutes 1988, section 41A.02,
subdivision 4, is amended to read:
Subd. 4. [MINNESOTA AGRICULTURAL AND ECONOMIC
DEVELOPMENT FUND ACCOUNT; DEVELOPMENT FUND ACCOUNT.] "Minnesota
agricultural and economic development fund account" or
"development fund account" means the fund account created by
section 41A.05.
Sec. 13. Minnesota Statutes 1988, section 41A.05,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT OF FUND ACCOUNT.] The
Minnesota agricultural and economic development fund account is
established as a in the special and dedicated revenue fund to
be held and may be invested separately from all other funds of
the state. All money appropriated to the fund account, and all
guaranty fees, retail sales taxes, property tax increments, and
other money from any source which may be credited to the fund
account are appropriated to the board to carry out the purposes
of this chapter. The board may maintain or establish within the
Minnesota agricultural and economic development fund account
reserve accounts, project accounts, trustee accounts, special
guaranty fund accounts, or other restrictions it determines
necessary or appropriate. The board may enter into pledge and
escrow agreements or indentures of trust with a trustee for the
purpose of maintaining the accounts.
Sec. 14. [TRANSFER; MINNESOTA AGRICULTURAL AND ECONOMIC
DEVELOPMENT FUND.]
All accounts and all money in the accounts of the Minnesota
agricultural and economic development fund established under
Minnesota Statutes, section 41A.05, subdivision 1, are
transferred to an account in the special revenue fund. All loan
repayments, earnings, releases from insurance accounts and
trustee accounts, and other income of the account must be
credited to the account.
Sec. 15. [TRANSFER; ECONOMIC DEVELOPMENT FUND.]
All accounts and money in those accounts of the economic
development fund, established under Minnesota Statutes 1986,
section 116M.06, subdivision 4, and continued under Minnesota
Statutes 1988, section 116J.968, that are related to the
certified development company established under Minnesota
Statutes 1988, section 41A.065, are transferred to accounts in
the special revenue fund. The trustee and insurance accounts
related to the energy loan insurance program established under
Minnesota Statutes 1986, section 116M.11, are transferred to the
energy loan insurance account of the special revenue fund. *
(This item of section 15 was vetoed by the governor.) All
repayments, earnings, releases from insurance accounts, and
trust accounts of the energy loan insurance account must be
credited to the energy loan insurance account. * (This item of
section 15 was vetoed by the governor.) All other money in the
economic development account is credited to the general fund. *
(This item of section 15 was vetoed by the governor.)
Sec. 16. Minnesota Statutes 1988, section 44A.0311, is
amended to read:
44A.0311 [WORLD TRADE CENTER CORPORATION FUND ACCOUNT.]
The world trade center corporation fund account is an
account in the state treasury special revenue fund. All money
received by the corporation, including money generated from the
use of the conference and service center, except money generated
from the use of the center by the Minnesota trade division, must
be deposited in the fund account. Money in the fund account
including interest earned is appropriated to the board and must
be used exclusively for corporation purposes.
Sec. 17. Minnesota Statutes 1988, section 84.83,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] There is created in the state
treasury an account known as the snowmobile trails and
enforcement account in the natural resources fund.
Sec. 18. Minnesota Statutes 1988, section 84.922,
subdivision 3, is amended to read:
Subd. 3. [REGISTRATION CARD.] The commissioner shall
provide to the registrant a registration card that includes the
registration number, the date of registration, the make and
serial number of the vehicle, the owner's name and address, and
additional information the commissioner may require.
Information concerning each registration shall be retained by
the commissioner. Upon a satisfactory showing that the
registration card has been lost or destroyed the commissioner
shall issue a replacement registration card upon payment of a
fee of $4. The fees collected from replacement registration
cards shall be deposited in the all-terrain vehicle account in
the natural resources fund.
Sec. 19. Minnesota Statutes 1988, section 84.927,
subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION REVENUE.] Fees from the
registration of all-terrain vehicles and the unrefunded gasoline
tax attributable to all-terrain vehicle use under section 296.16
shall be deposited in the state treasury and credited to the
all-terrain vehicle account in the natural resources fund.
Sec. 20. Minnesota Statutes 1988, section 84A.51,
subdivision 2, is amended to read:
Subd. 2. [FUNDS TRANSFERRED; APPROPRIATED.] Money in any
fund established under section 84A.03, 84A.22, or 84A.32,
subdivision 2, is transferred to the consolidated fund account,
except as provided in subdivision 3. The money in the
consolidated fund account, or as much of it as necessary, is
appropriated for the purposes of sections 84A.52 and
84A.53. Any remaining balance is transferred to the general
fund.
Sec. 21. Minnesota Statutes 1988, section 84A.55,
subdivision 14, is amended to read:
Subd. 14. [SOURCE OF FUNDS.] Salaries and expenses
incurred to carry out this section must be paid from money
appropriated from the consolidated fund account or other fund or
account designated in the applicable appropriation.
Sec. 22. Minnesota Statutes 1988, section 85.055,
subdivision 2, is amended to read:
Subd. 2. [FEE DEPOSIT AND APPROPRIATION.] The fees
collected under this section shall be deposited in the state
treasury and credited to the state park maintenance and
operation account general fund. Appropriations from the account
shall be for state park maintenance and operation.
Sec. 23. Minnesota Statutes 1988, section 85.22,
subdivision 1, is amended to read:
Subdivision 1. [DESIGNATION.] The revolving fund
heretofore established pursuant to under Laws 1941, chapter 548,
section 37, subdivision E, item 4 shall hereafter be known and
designated as is the state parks working capital fund, which
fund account. The account is to be used to maintain and operate
the revenue producing facilities in the state parks within the
limitations hereinafter established limits in this section.
Sec. 24. Minnesota Statutes 1988, section 85.22,
subdivision 2a, is amended to read:
Subd. 2a. [RECEIPTS, APPROPRIATION.] All receipts derived
from the rental or sale of items in state parks shall be
deposited in the state treasury and be credited to the state
parks working capital fund, which fund account. The money in
the account is annually appropriated solely for the purchase and
payment of expenses attributable to items for resale or rental.
Annually, as of the close of business on June 30, the
unencumbered balance in excess of $100,000 shall be canceled
into the state park maintenance and operation account.
Sec. 25. Minnesota Statutes 1988, section 85A.04,
subdivision 1, is amended to read:
Subdivision 1. [DEPOSIT.] All receipts from the operation
of parking and admission to the Minnesota zoological garden
shall be deposited in the state treasury and credited to a zoo
fund the general fund. Investment income and investment losses
attributable to investment of the zoo fund must be credited to
the zoo fund. Money in the zoo fund is appropriated to the
board for the operation of the Minnesota zoological garden.
Sec. 26. Minnesota Statutes 1988, section 85A.04,
subdivision 4, is amended to read:
Subd. 4. [ZOO RIDE CONCESSION AND REVENUE ACCOUNT.] All
receipts from the operation of the zoo ride shall concessions,
memberships, and donations must be deposited in a special
account in the state treasury special revenue fund and are
appropriated to the board. All receipts from the zoo ride are
appropriated to the board for the purposes of the zoo ride.
These receipts are the only money appropriated for zoo ride
operating expenses or debt service.
Sec. 27. Minnesota Statutes 1988, section 89.035, is
amended to read:
89.035 [INCOME FROM STATE FOREST LANDS, DISPOSITION.]
All income which may be received from lands acquired by the
state heretofore or hereafter for state forest purposes by gift,
purchase or eminent domain and tax-forfeited lands to which the
county has relinquished its equity to the state for state forest
purposes shall be paid into the state treasury and credited to a
fund designated as the state forest fund account except where
the conveyance to and acceptance by the state of lands for state
forest purposes provides for other disposition of receipts.
Sec. 28. Minnesota Statutes 1988, section 89.036, is
amended to read:
89.036 [FUNDS APPORTIONED TO COUNTY.]
The state of Minnesota shall hereafter annually on July 1
or as soon thereafter as may be practical, pay from the state
forest fund account to each county, in which there now are, or
hereafter shall be situated, any state forests, a sum equal to
50 percent of the gross receipts of such state forests located
within such county, which have been received during the
preceding fiscal year and credited to the state forest fund
account, which payment shall be received and distributed by the
county treasurer, as if such payment had been received as taxes
on such lands payable in the current year.
After making such payment to the county, the balance of
said funds in the state forest fund account on July 1 shall be
transferred and credited to the forest management general fund
established under section 89.04.
The commissioner of finance shall annually draw warrants
upon the state treasurer for the proper amounts in favor of the
respective counties entitled thereto and the state treasurer
shall pay such warrants from the state forest fund account.
The commissioner of finance and the state treasurer shall,
and are hereby authorized and empowered to devise, adopt, and
use such the accounting methods as they may deem proper, and to
do any and all other things reasonably necessary in carrying out
the provisions of this section.
There is hereby appropriated to the counties entitled to
such payment, from the state forest fund account in the state
treasury, an amount sufficient to make the payments specified
herein in this section.
Sec. 29. Minnesota Statutes 1988, section 89.21, is
amended to read:
89.21 [CAMPGROUNDS, ESTABLISHMENT AND FEES.]
The commissioner is authorized to establish and develop
state forest campgrounds and may establish minimum standards not
inconsistent with the laws of the state for the care and use of
such campgrounds and charge fees for such uses as specified by
the commissioner of natural resources.
All fees shall be deposited in the state treasury and
appropriated to the division of lands and forestry in the
department of natural resources to defray costs of maintenance,
operation and development of state forest campgrounds general
fund.
Sec. 30. Minnesota Statutes 1988, section 93.335,
subdivision 4, is amended to read:
Subd. 4. [RENTAL AND ROYALTIES, ANNUAL DISTRIBUTION;
APPROPRIATION.] If the lands or minerals and mineral rights
covered by any such permit or lease are held by the state in
trust for the taxing districts, the rentals and royalties paid
under any such permit or lease shall be distributed annually by
the commissioner of finance on the first day of September as
follows: 20 percent to the mineral lease account established in
the state treasury under section 93.221, general fund and 80
percent to the respective counties in which the lands lie, to be
apportioned among the taxing districts interested therein as
follows: county, three-ninths; town, or city, two-ninths; and
school district, four-ninths.
There is hereby appropriated from such moneys in the state
treasury not otherwise appropriated to such persons or political
subdivisions as are entitled to payment herein, an amount
sufficient to make the payment.
Sec. 31. Minnesota Statutes 1988, section 106A.661,
subdivision 2, is amended to read:
Subd. 2. [PAYMENT OF EXPENSES.] The compensation and
travel and hotel expenses of the examining accountant must be
audited, allowed, and paid into the state treasury by the board.
The money must be credited to the revolving general fund of the
state auditor. The county auditor shall apportion the expenses
among the drainage systems in the county.
Sec. 32. Minnesota Statutes 1988, section 112.73, is
amended to read:
112.73 [ANNUAL AUDIT.]
The managers shall make the reports demanded by the state
auditor. The managers shall have the books and accounts of the
district audited annually. The audit may be made by either a
public accountant or by the state auditor. If the audit is to
be made by the state auditor it must be initiated by a petition
of the resident freeholders of the district or resolution of the
managers of the watershed district requesting the audit under
the authority granted municipalities under sections 6.54 and
6.55. If the audit is made by the state auditor the district
receiving the examination shall pay to the state the total cost
and expenses of the examination, including the salaries paid to
the examiners while actually engaged in making the examination.
The revolving general fund of the state auditor must be credited
with all collections made for the examinations.
Sec. 33. Minnesota Statutes 1988, section 115.03,
subdivision 1, is amended to read:
Subdivision 1. The agency is hereby given and charged with
the following powers and duties:
(a) To administer and enforce all laws relating to the
pollution of any of the waters of the state;
(b) To investigate the extent, character, and effect of the
pollution of the waters of this state and to gather data and
information necessary or desirable in the administration or
enforcement of pollution laws, and to make such classification
of the waters of the state as it may deem advisable;
(c) To establish and alter such reasonable pollution
standards for any waters of the state in relation to the public
use to which they are or may be put as it shall deem necessary
for the purposes of this chapter and, with respect to the
pollution of waters of the state, chapter 116;
(d) To encourage waste treatment, including advanced waste
treatment, instead of stream low-flow augmentation for dilution
purposes to control and prevent pollution;
(e) To adopt, issue, reissue, modify, deny, or revoke,
enter into or enforce reasonable orders, permits, variances,
standards, rules, schedules of compliance, and stipulation
agreements, under such conditions as it may prescribe, in order
to prevent, control or abate water pollution, or for the
installation or operation of disposal systems or parts thereof,
or for other equipment and facilities;
(1) Requiring the discontinuance of the discharge of
sewage, industrial waste or other wastes into any waters of the
state resulting in pollution in excess of the applicable
pollution standard established under this chapter;
(2) Prohibiting or directing the abatement of any discharge
of sewage, industrial waste, or other wastes, into any waters of
the state or the deposit thereof or the discharge into any
municipal disposal system where the same is likely to get into
any waters of the state in violation of this chapter and, with
respect to the pollution of waters of the state, chapter 116, or
standards or rules promulgated or permits issued pursuant
thereto, and specifying the schedule of compliance within which
such prohibition or abatement must be accomplished;
(3) Prohibiting the storage of any liquid or solid
substance or other pollutant in a manner which does not
reasonably assure proper retention against entry into any waters
of the state that would be likely to pollute any waters of the
state;
(4) Requiring the construction, installation, maintenance,
and operation by any person of any disposal system or any part
thereof, or other equipment and facilities, or the
reconstruction, alteration, or enlargement of its existing
disposal system or any part thereof, or the adoption of other
remedial measures to prevent, control or abate any discharge or
deposit of sewage, industrial waste or other wastes by any
person;
(5) Establishing, and from time to time revising, standards
of performance for new sources taking into consideration, among
other things, classes, types, sizes, and categories of sources,
processes, pollution control technology, cost of achieving such
effluent reduction, and any nonwater quality environmental
impact and energy requirements. Said standards of performance
for new sources shall encompass those standards for the control
of the discharge of pollutants which reflect the greatest degree
of effluent reduction which the agency determines to be
achievable through application of the best available
demonstrated control technology, processes, operating methods,
or other alternatives, including, where practicable, a standard
permitting no discharge of pollutants. New sources shall
encompass buildings, structures, facilities, or installations
from which there is or may be the discharge of pollutants, the
construction of which is commenced after the publication by the
agency of proposed rules prescribing a standard of performance
which will be applicable to such source. Notwithstanding any
other provision of the law of this state, any point source the
construction of which is commenced after May 20, 1973 and which
is so constructed as to meet all applicable standards of
performance for new sources shall, consistent with and subject
to the provisions of section 306(d) of the Amendments of 1972 to
the Federal Water Pollution Control Act, not be subject to any
more stringent standard of performance for new sources during a
ten-year period beginning on the date of completion of such
construction or during the period of depreciation or
amortization of such facility for the purposes of section 167 or
169, or both, of the Federal Internal Revenue Code of 1954,
whichever period ends first. Construction shall encompass any
placement, assembly, or installation of facilities or equipment,
including contractual obligations to purchase such facilities or
equipment, at the premises where such equipment will be used,
including preparation work at such premises;
(6) Establishing and revising pretreatment standards to
prevent or abate the discharge of any pollutant into any
publicly owned disposal system, which pollutant interferes with,
passes through, or otherwise is incompatible with such disposal
system;
(7) Requiring the owner or operator of any disposal system
or any point source to establish and maintain such records, make
such reports, install, use, and maintain such monitoring
equipment or methods, including where appropriate biological
monitoring methods, sample such effluents in accordance with
such methods, at such locations, at such intervals, and in such
a manner as the agency shall prescribe, and providing such other
information as the agency may reasonably require;
(8) Notwithstanding any other provision of this chapter,
and with respect to the pollution of waters of the state,
chapter 116, requiring the achievement of more stringent
limitations than otherwise imposed by effluent limitations in
order to meet any applicable water quality standard by
establishing new effluent limitations, based upon section
115.01, subdivision 5, clause (b), including alternative
effluent control strategies for any point source or group of
point sources to insure the integrity of water quality
classifications, whenever the agency determines that discharges
of pollutants from such point source or sources, with the
application of effluent limitations required to comply with any
standard of best available technology, would interfere with the
attainment or maintenance of the water quality classification in
a specific portion of the waters of the state. Prior to
establishment of any such effluent limitation, the agency shall
hold a public hearing to determine the relationship of the
economic and social costs of achieving such limitation or
limitations, including any economic or social dislocation in the
affected community or communities, to the social and economic
benefits to be obtained and to determine whether or not such
effluent limitation can be implemented with available technology
or other alternative control strategies. If a person affected
by such limitation demonstrates at such hearing that, whether or
not such technology or other alternative control strategies are
available, there is no reasonable relationship between the
economic and social costs and the benefits to be obtained, such
limitation shall not become effective and shall be adjusted as
it applies to such person;
(9) Modifying, in its discretion, any requirement or
limitation based upon best available technology with respect to
any point source for which a permit application is filed after
July 1, 1977 upon a showing by the owner or operator of such
point source satisfactory to the agency that such modified
requirements will represent the maximum use of technology within
the economic capability of the owner or operator and will result
in reasonable further progress toward the elimination of the
discharge of pollutants;
(f) To require to be submitted and to approve plans and
specifications for disposal systems or point sources, or any
part thereof and to inspect the construction thereof for
compliance with the approved plans and specifications thereof;
(g) To prescribe and alter rules, not inconsistent with
law, for the conduct of the agency and other matters within the
scope of the powers granted to and imposed upon it by this
chapter and, with respect to pollution of waters of the state,
in chapter 116, provided that every rule affecting any other
department or agency of the state or any person other than a
member or employee of the agency shall be filed with the
secretary of state;
(h) To conduct such investigations, issue such notices,
public and otherwise, and hold such hearings as are necessary or
which it may deem advisable for the discharge of its duties
under this chapter and, with respect to the pollution of waters
of the state, under chapter 116, including, but not limited to,
the issuance of permits, and to authorize any member, employee,
or agent appointed by it to conduct such investigations or,
issue such notices and hold such hearings;
(i) For the purpose of water pollution control planning by
the state and pursuant to the Federal Water Pollution Control
Act, as amended, to establish and revise planning areas, adopt
plans and programs and continuing planning processes, including,
but not limited to, basin plans and areawide waste treatment
management plans, and to provide for the implementation of any
such plans by means of, including, but not limited to,
standards, plan elements, procedures for revision,
intergovernmental cooperation, residual treatment process waste
controls, and needs inventory and ranking for construction of
disposal systems;
(j) To train water pollution control personnel, and charge
such fees therefor as are necessary to cover the agency's
costs. All such fees received shall be paid into the state
treasury and credited to the water pollution control pollution
control agency training fund of the agency account, from which
the agency shall have the power to make disbursements to pay
expenses relating to such training;
(k) To impose as additional conditions in permits to
publicly owned disposal systems appropriate measures to insure
compliance by industrial and other users with any pretreatment
standard, including, but not limited to, those related to toxic
pollutants, and any system of user charges ratably as is hereby
required under state law or said Federal Water Pollution Control
Act, as amended, or any regulations or guidelines promulgated
thereunder;
(l) To set a period not to exceed five years for the
duration of any National Pollutant Discharge Elimination System
permit; and
(m) To require a governmental subdivision that owns or
operates a wastewater disposal system to have a plan to address
its ability to pay the costs of making major repairs to the
existing system and planning and constructing an adequate
replacement system at the end of the existing system's expected
useful life.
Sec. 34. Minnesota Statutes 1988, section 115A.14,
subdivision 4, is amended to read:
Subd. 4. [POWERS AND DUTIES.] (a) The commission shall
oversee the activities of the board under this chapter relating
to solid and hazardous waste management, the activities of the
agency under sections 116.16 to 116.181 relating to water
pollution control, and the activities of the metropolitan
council relating to metropolitan waste management under sections
473.801 to 473.848, and direct such changes or additions in the
work plan of the board and agency as it deems fit.
(b) The commission shall make recommendations to the
standing legislative committees on finance and appropriations
for appropriations from:
(1) the environmental response, compensation, and
compliance fund account in the environmental fund under section
115B.20, subdivision 5;
(2) the metropolitan landfill abatement fund account under
section 473.844; and
(3) the metropolitan landfill contingency action trust fund
under section 473.845.
(c) The commission may conduct public hearings and
otherwise secure data and expressions of opinion. The
commission shall make such recommendations as it deems proper to
assist the legislature in formulating legislation. Any data or
information compiled by the commission shall be made available
to any standing or interim committee of the legislature upon
request of the chair of the respective committee.
Sec. 35. Minnesota Statutes 1988, section 115A.908,
subdivision 2, is amended to read:
Subd. 2. [DEPOSIT OF REVENUE.] Revenue collected shall be
credited to a motor vehicle transfer the environmental fund.
Sec. 36. Minnesota Statutes 1988, section 115B.17,
subdivision 7, is amended to read:
Subd. 7. [ACTIONS RELATING TO NATURAL RESOURCES.] For the
purpose of this subdivision, the state is the trustee of the
air, water and wildlife of the state. An action pursuant to
section 115B.04 for damages with respect to air, water or
wildlife may be brought by the attorney general in the name of
the state as trustee for those natural resources. Any damages
recovered by the attorney general pursuant to section 115B.04 or
any other law for injury to, destruction of, or loss of natural
resources resulting from the release of a hazardous substance,
or a pollutant or contaminant, shall be deposited in the fund
and credited to a special account for the purposes provided in
section 115B.20, subdivision 2, clause (f) account.
Sec. 37. Minnesota Statutes 1988, section 115B.20,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The environmental
response, compensation and compliance fund is created as an
account is in the environmental fund in the state treasury and
may be spent only for the purposes provided in subdivision 2.
Sec. 38. Minnesota Statutes 1988, section 115B.20,
subdivision 4, is amended to read:
Subd. 4. [REVENUE SOURCES.] Revenue from the following
sources shall be deposited in the environmental response,
compensation and compliance fund account:
(a) The proceeds of the taxes imposed pursuant to section
115B.22, including interest and penalties;
(b) All money recovered by the state under sections 115B.01
to 115B.18 or under any other statute or rule related to the
regulation of hazardous waste or hazardous substances, including
civil penalties and money paid under any agreement, stipulation
or settlement but excluding fees imposed under section 116.12;
(c) All interest attributable to investment of money
deposited in the fund account; and
(d) All money received in the form of gifts, grants,
reimbursement or appropriation from any source for any of the
purposes provided in subdivision 2, except federal grants.
Sec. 39. Minnesota Statutes 1988, section 115B.20,
subdivision 6, is amended to read:
Subd. 6. [REPORT TO LEGISLATURE.] By November 1, 1984, and
each year thereafter, the agency shall submit to the senate
finance committee, the house appropriations committee and the
legislative commission on waste management a report detailing
the activities for which money from the environmental response,
compensation and compliance fund account has been spent during
the previous fiscal year.
Sec. 40. Minnesota Statutes 1988, section 115B.22,
subdivision 7, is amended to read:
Subd. 7. [DISPOSITION OF PROCEEDS.] The proceeds of the
taxes imposed under this section including any interest and
penalties shall be deposited in the fund environmental response,
compensation, and compliance account.
Sec. 41. Minnesota Statutes 1988, section 115B.24,
subdivision 10, is amended to read:
Subd. 10. [ADMINISTRATIVE EXPENSES.] Any amount expended
by the commissioner from a general fund appropriation to enforce
and administer section 115B.22 and this section shall be
reimbursed to the general fund and the amount necessary to make
the reimbursement is appropriated from the fund environmental
response, compensation, and compliance account to the
commissioner of finance for transfer to the general fund.
Sec. 42. Minnesota Statutes 1988, section 115B.25,
subdivision 7, is amended to read:
Subd. 7. [FUND ACCOUNT.] Except when another account is
specified, "fund account" means the hazardous substance injury
compensation fund account established in section 115B.26.
Sec. 43. Minnesota Statutes 1988, section 115B.26, is
amended to read:
115B.26 [HAZARDOUS SUBSTANCE INJURY COMPENSATION FUND
ACCOUNT.]
Subdivision 1. [ESTABLISHMENT.] A hazardous substance
injury compensation fund account is established as an account in
the environmental fund in the state treasury. Earnings, such as
interest, dividends, and any other earnings arising from fund
account assets, must be credited to the fund.
Subd. 2. [APPROPRIATION.] The amount necessary to pay for
staff assistance, administrative services, and office space
under section 115B.28, subdivision 4, and to pay claims of
compensation granted by the board under sections 115B.25 to
115B.37 is appropriated to the board from the hazardous
substance injury compensation fund account.
Subd. 3. [PAYMENT OF CLAIMS WHEN FUND ACCOUNT
INSUFFICIENT.] If the amount of the claims granted exceeds the
amount in the fund account, the board shall request a transfer
from the general contingent account to the hazardous substance
injury compensation fund account as provided in section 3.30.
If no transfer is approved, the board shall pay the claims which
have been granted in the order granted only to the extent of the
money remaining in the fund account. The board shall pay the
remaining claims which have been granted after additional money
is credited to the fund account.
Sec. 44. Minnesota Statutes 1988, section 115C.02,
subdivision 6, is amended to read:
Subd. 6. [FUND ACCOUNT.] "Fund Account" means the
petroleum tank release cleanup account in the environmental fund.
Sec. 45. Minnesota Statutes 1988, section 115C.08,
subdivision 1, is amended to read:
Subdivision 1. [REVENUE SOURCES.] Revenue from the
following sources must be deposited in the state treasury and
credited to a petroleum tank release cleanup fund account in the
environmental fund in the state treasury:
(1) the proceeds of the fee imposed by subdivision 3;
(2) money recovered by the state under sections 115C.04,
115C.05, and 116.491, including administrative expenses, civil
penalties, and money paid under an agreement, stipulation, or
settlement;
(3) interest attributable to investment of money in the
fund account;
(4) money received by the board and agency in the form of
gifts, grants other than federal grants, reimbursements, or
appropriations from any source intended to be used for the
purposes of the fund account; and
(5) fees charged for the operation of the tank installer
certification program established under section 116.491.
Sec. 46. Minnesota Statutes 1988, section 116.41,
subdivision 2, is amended to read:
Subd. 2. [TRAINING AND CERTIFICATION PROGRAMS.] The agency
shall develop standards of competence for persons operating and
inspecting various classes of disposal facilities. The agency
shall conduct training programs for persons operating facilities
for the disposal of waste and for inspectors of such facilities,
and may charge such fees as are necessary to cover the actual
costs of the training programs. All fees received shall be paid
into the state treasury and credited to a separate waste
disposal the pollution control agency training account and are
appropriated to the agency to pay expenses relating to the
training of disposal facility personnel.
The agency shall require operators and inspectors of such
facilities to obtain from the agency a certificate of
competence. The agency shall conduct examinations to test the
competence of applicants for certification, and shall require
that certificates be renewed at reasonable intervals. The
agency may charge such fees as are necessary to cover the actual
costs of receiving and processing applications, conducting
examinations, and issuing and renewing certificates.
Certificates shall not be required for a private individual for
landspreading and associated interim and temporary storage of
sewage sludge on property owned or farmed by that individual.
Sec. 47. Minnesota Statutes 1988, section 116J.64,
subdivision 6, is amended to read:
Subd. 6. The remaining 20 percent of the tax revenue
received by the county auditor under section 273.165,
subdivision 1 shall be remitted by the county auditor to the
state treasurer and shall be deposited in a special account
called the "Indian business loan account," which shall be a
revolving fund created and an account in the special revenue
fund. The account is established under the jurisdiction and
control of the agency, which may engage in a business loan
program for American Indians as that term is defined in
subdivision 2. The tribal councils may administer the fund
account, provided that, before making any eligible loans, each
tribal council must submit to the agency, for its review and
approval, a plan for that council's loan program which
specifically describes, as to that program, its content,
utilization of funds money, administration, operation,
implementation, and other matters required by the agency. All
such programs must provide for a reasonable balance in the
distribution of funds money appropriated pursuant to this
section for the purpose of making to make business loans between
Indians residing on and off the reservations within the state.
As a condition to the making of such eligible loans, the tribal
councils shall enter into a loan agreement and other contractual
arrangements with the agency for the purpose of carrying to
carry out the provisions of this chapter, and shall agree that
all official books and records relating to the business loan
program shall be subject to audit by the legislative auditor in
the same manner prescribed for agencies of state government.
Whenever any moneys are money is appropriated by the state
treasurer to the agency solely for the above-specified purpose
or purposes in this subdivision, the agency shall establish a
separate bookkeeping account or accounts record in the Indian
business loan fund to record account the receipt and
disbursement of such the money and of the income, gain and loss
from the investment and reinvestment thereof of the money.
Sec. 48. Minnesota Statutes 1988, section 116J.873,
subdivision 4, is amended to read:
Subd. 4. [GRANT LIMITS.] An economic recovery grant may
not be approved for an amount over $500,000. The division may
recommend less funding than requested if, in the opinion of the
division, the amount requested is more than is necessary to meet
the applicant's needs. If the amount of the grant is reduced,
the reasons for the reduction shall be given to the applicant.
The portion of an economic recovery grant that exceeds $100,000
must be repaid to the state when it is repaid to the local
community or recognized Indian tribal government by the person
or entity to which it was loaned by the local community or
Indian tribal government. Money repaid to the state is
appropriated to the commissioner of trade and economic
development for the purpose of making additional economic
recovery grants must be credited to the general fund.
Sec. 49. Minnesota Statutes 1988, section 116J.955,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The rural rehabilitation
revolving fund account is established as an account in the state
treasury special revenue fund. The money transferred to the
state as a result of liquidating the rural rehabilitation
corporation trust, and money derived from transfer of the trust
to the state, must be credited to the rural
rehabilitation revolving fund account. The principal amount of
the rural rehabilitation revolving fund account must be invested
by the state investment board. The income attributable to
investment of the principal is appropriated to the commissioner
for the purposes of Laws 1987, chapter 386, article 1.
Sec. 50. Minnesota Statutes 1988, section 116J.955,
subdivision 2, is amended to read:
Subd. 2. [EXPENDITURE OF FUND ACCOUNT.] The commissioner
may use the rural rehabilitation revolving fund account for the
purposes that are allowed under the Minnesota rural
rehabilitation corporation's charter and agreement with the
United States Secretary of Agriculture as provided in Public Law
Number 499, 81st Congress, enacted May 3, 1950 and as allowed
under Laws 1987, chapter 386, article 1. Not more than three
percent of the book value of the Minnesota rural rehabilitation
corporation's assets may be used for administrative purposes in
a year without approval of the United States Secretary of
Agriculture. The commissioner may create separate accounts
within the fund for use in accordance with the fund's purposes.
Sec. 51. Minnesota Statutes 1988, section 116J.9673,
subdivision 4, is amended to read:
Subd. 4. [WORKING CAPITAL ACCOUNT.] An export finance
authority working capital account is created as a special
account in the state treasury. All premiums, and interest, and
fees collected under subdivision 3, clause (6), must be
deposited into this account. Fees collected must be credited to
the general fund. The balance in the account may exceed
$1,000,000 through accumulated earnings. Money in the account
including interest earned and appropriations made by the
legislature for the purposes of this section, is appropriated
annually to the finance authority for the purposes of this
section. The balance in the account may decline below
$1,000,000 as required to pay defaults on guaranteed loans.
Sec. 52. Minnesota Statutes 1988, section 116N.02,
subdivision 6, is amended to read:
Subd. 6. [FUND ACCOUNT ALLOCATION.] The commissioner shall
allocate $6,000,000 from the rural rehabilitation revolving fund
account to be used for the challenge grant program.
Sec. 53. Minnesota Statutes 1988, section 116N.08,
subdivision 4, is amended to read:
Subd. 4. [REVOLVING LOAN FUND.] A regional organization
shall establish a board certified revolving loan fund to provide
loans to new and expanding businesses in rural Minnesota to
promote economic development. Eligible business enterprises
include technologically innovative industries, value-added
manufacturing, agriprocessing, information industries, and
agricultural marketing. Loan applications given preliminary
approval by the organization must be forwarded to the
commissioner for final approval. The amount of state money
allocated for each loan is appropriated from the rural
rehabilitation revolving fund account established in section
116J.955 to the organization's regional revolving loan fund when
the commissioner gives final approval for each loan. The amount
of money appropriated from the rural rehabilitation revolving
fund account may not exceed 50 percent for each loan. The
amount of nonpublic money must equal at least 50 percent for
each loan.
Sec. 54. Minnesota Statutes 1988, section 116N.08,
subdivision 8, is amended to read:
Subd. 8. [LOCAL GOVERNMENTAL UNIT LOANS.] A local
governmental unit may receive a loan under this section if the
local governmental unit has established a local revolving loan
fund and can provide at least an equal match to the loan
received from a regional organization. For the purpose of
providing the match to establish the local revolving loan fund,
the local governmental unit may use any unencumbered money in
the general fund of the unit. Revenues from tax increments
derived from a district located within the boundaries of the
local governmental unit may be used to fund a second local
revolving loan fund only if (1) those revenues are loaned in a
manner authorized in the district's tax increment financing plan
to a business located within the tax increment district, and (2)
the revenues are deposited in a loan fund that is separate from
the loan fund in which general fund money is established. The
local governmental unit may deposit up to $50,000 of local
public money in each of the local revolving funds that may be
established under this subdivision. The maximum loan available
to a local governmental unit under this section is $50,000. The
money loaned to a local governmental unit by a regional
organization must be matched by the local revolving loan fund
and used to provide loans to businesses to promote local
economic development. One-half of the money loaned to a local
governmental unit under this section by a regional organization
must be repaid to the rural rehabilitation revolving fund
account. One-half of the money may be retained by the local
governmental unit's revolving loan fund for further distribution
by the local governmental unit.
Sec. 55. Minnesota Statutes 1988, section 116O.03,
subdivision 3, is amended to read:
Subd. 3. [BYLAWS.] The board of directors shall adopt
bylaws necessary for the conduct of the business of the
corporation, consistent with this chapter. The corporation must
publish the bylaws and amendments to the bylaws in the State
Register.
Sec. 56. Minnesota Statutes 1988, section 116O.03, is
amended by adding a subdivision to read:
Subd. 11. [STATEMENTS OF ECONOMIC INTEREST.] Directors,
officers, and employees of the corporation are public officials
for the purpose of section 10A.09, and must file statements of
economic interest with the ethical practices board.
Sec. 57. Minnesota Statutes 1988, section 116O.04, is
amended by adding a subdivision to read:
Subd. 4. [PERSONNEL POLICIES.] (a) The corporation must
adopt and periodically revise, if necessary, an affirmative
action plan similar to the affirmative action plan under section
43A.19, subdivision 1. The corporation is subject to the audit
and reporting requirements under section 43A.191, subdivision 3.
(b) Employees of the corporation are subject to the
prohibition of political activities and required leave of
absences under section 43A.32.
(c) Employees of the corporation are subject to the code of
ethics requirements under section 43A.38.
Sec. 58. Minnesota Statutes 1988, section 116O.05, is
amended to read:
116O.05 [POWERS OF THE CORPORATION.]
(a) Except as otherwise provided in this article, the
corporation has the powers granted to a business corporation by
section 302A.161, subdivisions 3; 4; 5; 7; 8; 9; 11; 12; 13,
except that the corporation may not act as a general partner in
any partnership; 14; 15; 16; 17; 18; and 22.
(b) The state is not liable for the obligations of the
corporation.
(c) Section 302A.041 applies to this article chapter and
the corporation in the same manner that it applies to business
corporations established under chapter 302A.
(d) The corporation is a state agency for the purposes of
the following accounting and budgeting requirements:
(1) financial reports and other requirements under section
16A.06;
(2) the state budget system under sections 16A.095, 16A.10,
and 16A.11;
(3) the state allotment and encumbrance, and accounting
systems under sections 16A.14, subdivisions 2, 3, 4, and 5; and
16A.15, subdivisions 2 and 3; and
(4) indirect costs under section 16A.127.
Sec. 59. Minnesota Statutes 1988, section 116O.12, is
amended to read:
116O.12 [GREATER MINNESOTA FUND ACCOUNT.]
(a) The Greater Minnesota fund account is created in the
state treasury. The board may require the commissioner of
finance to create separate accounts within the fund for use in
accordance with the fund's purposes special revenue fund. Money
in the fund account not needed for the immediate purposes of the
corporation may be invested by the corporation state board of
investment in any way authorized by section 11A.24. Money in
the fund account is appropriated to the corporation to be used
as provided in this chapter.
(b) The fund account consists of:
(1) money appropriated and transferred from other state
funds;
(2) fees and charges collected by the corporation;
(3) income from investments and purchases;
(4) revenue from loans, rentals, royalties, dividends, and
other proceeds collected in connection with lawful corporate
purposes;
(5) gifts, donations, and bequests made to the corporation;
and
(6) through the first five full fiscal years, during which
proceeds from the lottery are received, one-half of the net
proceeds of the state-operated lottery must be credited to the
greater Minnesota corporation fund account. Thereafter, up to
one-half, as determined by law each biennium, of the net
proceeds from the state-operated lottery must be credited to the
greater Minnesota corporation fund account.
Sec. 60. Minnesota Statutes 1988, section 116O.13, is
amended to read:
116O.13 [AGRICULTURAL PROJECT UTILIZATION FUND ACCOUNT.]
The agricultural project utilization fund account is a fund
an account in the state treasury special revenue fund. Money in
the fund account is appropriated to the agricultural utilization
research institute to be used for agricultural research grants
as provided in section 116O.09, subdivision 4, and for the
agricultural utilization research institute.
Sec. 61. Minnesota Statutes 1988, section 148B.17, is
amended to read:
148B.17 [FEES.]
Each board shall by rule establish fees, including late
fees, for licenses or filings and renewals so that the total
fees collected by the board will as closely as possible equal
anticipated expenditures during the fiscal biennium, as provided
in section 16A.128, plus the prorated costs of the office of
social work and mental health boards. Fees must be credited to
accounts in the special revenue fund.
Sec. 62. Minnesota Statutes 1988, section 169.121,
subdivision 5a, is amended to read:
Subd. 5a. [CHEMICAL DEPENDENCY ASSESSMENT CHARGE.] When a
court sentences a person convicted of an offense enumerated in
section 169.126, subdivision 1, it shall impose a chemical
dependency assessment charge of $75. This section applies when
the sentence is executed, stayed, or suspended. The court may
not waive payment or authorize payment of the assessment charge
in installments unless it makes written findings on the record
that the convicted person is indigent or that the assessment
charge would create undue hardship for the convicted person or
that person's immediate family.
The court shall collect and forward to the commissioner of
finance the total amount of the chemical dependency assessment
charge within 60 days after sentencing or explain to the
commissioner in writing why the money was not forwarded within
this time period. The commissioner shall credit the money to
the drinking and driving repeat offense prevention account
created in section 169.126, subdivision 4a general fund.
The chemical dependency assessment charge required under
this section is in addition to the surcharge required by section
609.101.
Sec. 63. Minnesota Statutes 1988, section 169.126,
subdivision 4, is amended to read:
Subd. 4. [CHEMICAL USE ASSESSMENT.] (a) Except as
otherwise provided in paragraph (d), when an alcohol problem
screening shows that the defendant has an identifiable chemical
use problem, the court shall require the defendant to undergo a
comprehensive chemical use assessment conducted by an assessor
qualified under rules adopted by the commissioner of human
services under section 254A.03, subdivision 3. An assessor
providing a chemical use assessment for the court may not have
any direct or shared financial interest or referral relationship
resulting in shared financial gain with a treatment provider.
If an independent assessor is not available, the court may use
the services of an assessor authorized to perform assessments
for the county social services agency under a variance granted
under rules adopted by the commissioner of human services under
section 254A.03, subdivision 3. An appointment for the
defendant to undergo the chemical use assessment shall be made
by the court, a court services probation officer, or the court
administrator as soon as possible but in no case more than one
week after the defendant's court appearance. The comprehensive
chemical use assessment must be completed no later than two
weeks after the appointment date.
(b) The chemical use assessment report must include a
recommended level of care for the defendant in accordance with
the criteria contained in rules adopted by the commissioner of
human services under section 254A.03, subdivision 3.
(c) The state shall reimburse the county for the entire
cost of each chemical use assessment and report at a rate
established by the department of human services up to a maximum
of $100 in each case. The county may not be reimbursed for the
cost of any chemical use assessment or report not completed
within the time limit provided in this subdivision.
Reimbursement to the county must be made from the special
account established in subdivision 4a general fund.
(d) If the preliminary alcohol problem screening is
conducted by an assessor qualified under rules adopted by the
commissioner of human services under section 254A.03,
subdivision 3, consists of a comprehensive chemical use
assessment of the defendant, and complies with the chemical use
assessment report requirements of paragraph (b), it is a
chemical use assessment for the purposes of this section and the
court may not require the defendant to undergo a second chemical
use assessment under paragraph (a). The state shall reimburse
counties for the cost of alcohol problem screenings that qualify
as chemical use assessments under this paragraph in the manner
provided in paragraph (c) in lieu of the reimbursement
provisions of section 169.124, subdivision 3.
Sec. 64. Minnesota Statutes 1988, section 169.126,
subdivision 4a, is amended to read:
Subd. 4a. [DRINKING AND DRIVING REPEAT OFFENSE PREVENTION
ACCOUNT.] A special account is established in the state treasury
known as the drinking and driving repeat offense prevention
account. Money credited to the account is appropriated
continuously to The commissioner of public safety and shall be
spent by the commissioner to reimburse counties for the entire
cost of each chemical use assessment and report completed within
the time limit provided under subdivision 4, up to a maximum of
$100 in each case.
Sec. 65. Minnesota Statutes 1988, section 190.25,
subdivision 3, is amended to read:
Subd. 3. The adjutant general is authorized to sell in the
manner provided by law any or all timber, growing crops,
buildings and other improvements, if any, situated upon the
lands acquired under the authority of subdivision 1 or which may
hereafter comprise the Camp Ripley military field training
center and not needed for military training purposes. The
proceeds of any sales shall be deposited in the military
land general fund. and the moneys deposited are appropriated to
the adjutant general out of the fund for: the acquisition of
land as provided in subdivision 1; the payment of expenses of
forest management on land forming the Camp Ripley military
reservation; and the provision of an enlisted persons' service
center.
Sec. 66. Minnesota Statutes 1988, section 214.06,
subdivision 1, is amended to read:
Subdivision 1. Notwithstanding any law to the contrary,
the commissioner of health as authorized by section 214.13, all
health-related licensing boards and all non-health-related
licensing boards shall by rule, with the approval of the
commissioner of finance, adjust any fee which the commissioner
of health or the board is empowered to assess a sufficient
amount so that the total fees collected by each board will as
closely as possible equal anticipated expenditures during the
fiscal biennium, as provided in section 16A.128. For members of
an occupation registered after July 1, 1984 by the commissioner
of health under the provisions of section 214.13, the fee
established must include an amount necessary to recover, over a
five-year period, the commissioner's direct expenditures for
adoption of the rules providing for registration of members of
the occupation. All fees received shall be deposited in the
state treasury. Fees received by health-related licensing
boards must be credited to the special revenue fund. Any
balance remaining in the special revenue fund at the end of each
fiscal year, after payment of health-related licensing board
expenses including salaries, attorney general fees, and indirect
costs, must be credited to the public health fund.
Sec. 67. Minnesota Statutes 1988, section 256.482,
subdivision 7, is amended to read:
Subd. 7. [COLLECTION OF FEES.] The council is empowered to
establish and collect fees for documents or technical services
provided to the public. The fees shall be set at a level to
reimburse the council for the actual cost incurred in providing
the document or service. Notwithstanding the provisions of
section 16A.72, All fees collected shall be deposited into the
state treasury and credited to a separate dedicated account for
council services. All money in this dedicated account is
appropriated by law to the council to provide documents and
technical services to the public general fund.
Sec. 68. Minnesota Statutes 1988, section 260.193,
subdivision 8, is amended to read:
Subd. 8. If the juvenile court finds that the child is a
juvenile major highway or water traffic offender, it may make
any one or more of the following dispositions of the case:
(a) Reprimand the child and counsel with the child and the
parents;
(b) Continue the case for a reasonable period under such
conditions governing the child's use and operation of any motor
vehicles or boat as the court may set;
(c) Require the child to attend a driver improvement school
if one is available within the county;
(d) Recommend to the department of public safety suspension
of the child's driver's license as provided in section 171.16;
(e) If the child is found to have committed two moving
highway traffic violations or to have contributed to a highway
accident involving death, injury, or physical damage in excess
of $100, the court may recommend to the commissioner of public
safety or to the licensing authority of another state the
cancellation of the child's license until the child reaches the
age of 18 years, and the commissioner of public safety is hereby
authorized to cancel the license without hearing. At any time
before the termination of the period of cancellation, the court
may, for good cause, recommend to the commissioner of public
safety, or to the licensing authority of another state, that the
child's license be returned, and the commissioner of public
safety is authorized to return the license;
(f) Place the child under the supervision of a probation
officer in the child's own home under conditions prescribed by
the court including reasonable rules relating to operation and
use of motor vehicles or boats directed to the correction of the
child's driving habits;
(g) Require the child to pay a fine of up to $700. The
court shall order payment of the fine in accordance with a time
payment schedule which shall not impose an undue financial
hardship on the child;
(h) If the court finds that the child committed an offense
described in section 169.121, the court shall order that an
alcohol problem screening be conducted and a screening report
submitted to the court in the manner prescribed in section
169.126. Except as otherwise provided in section 169.126,
subdivision 4, paragraph (d), if the alcohol problem screening
shows that the child has an identifiable chemical use problem,
the court shall require the child to undergo a comprehensive
chemical use assessment in accordance with section 169.126,
subdivision 4. If the chemical use assessment recommends a
level of care for the child, the court may require that level of
care in its disposition order. In addition, the court may
require any child ordered to undergo a chemical use assessment
to pay a chemical dependency assessment charge of $75. The
court shall forward the assessment charge to the commissioner of
finance to be credited to the special account created in section
169.126, subdivision 4a general fund. The state shall reimburse
counties for the total cost of the chemical use assessment in
the manner provided in section 169.126, subdivision 4.
Sec. 69. Minnesota Statutes 1988, section 270.069, is
amended to read:
270.069 [COMMISSIONER TO COLLECT CERTAIN LOCAL TAXES.]
Subdivision 1. [COSTS DEDUCTED; APPROPRIATION.] If the
commissioner of revenue agrees to collect a locally imposed tax,
the local unit of government must agree that all the direct and
indirect costs of the department of revenue for collecting the
tax and any other statewide indirect costs will be deducted from
the amounts collected and paid to the local unit of government.
The amounts deducted must be deposited in the state treasury and
credited to a local tax collection account. Money in the
account is appropriated to the commissioner of revenue to
collect the locally imposed tax the general fund.
Subd. 2. [DEVELOPMENT COSTS.] If the commissioner
determines that a new computer system will be required to
collect the locally imposed taxes, the costs of development of
the system will be charged to the first local units of
government to be included in the system. Any additional local
units of government that by agreement are added to the system
will be charged for a share of the development costs. The
charge will be determined by the commissioner who shall then
refund to the original local units of government their portion
of the development costs recovered from the additional users.
The amounts necessary to make the refunds are appropriated from
the local tax collection account to the commissioner of revenue.
Sec. 70. Minnesota Statutes 1988, section 270.185,
subdivision 1, is amended to read:
Subdivision 1. A permanent reassessment revolving fund
account of $250,000 is created in the special revenue
fund. $250,000 is appropriated from the general fund to the
permanent reassessment revolving fund. The fund money in the
account is annually appropriated to the commissioner of revenue
for the purposes of this section.
Sec. 71. Minnesota Statutes 1988, section 273.02,
subdivision 5, is amended to read:
Subd. 5. [REFUNDS FOR IRON ORE NOT FOUND.] Any taxpayer
having paid real estate taxes on valuations of iron ore,
considered to be commercially mineable, which was believed to
have existed, and was subsequently determined not to exist, may
apply to the commissioner of revenue for a refund of taxes paid
thereon, as provided herein. Such application for refund shall
be filed in the year in which it is determined that the iron ore
does not exist. No refund shall be made for taxes paid or
payable more than six years previous to the date of said
application. The refunds shall be paid from the special general
fund established in subdivision 6, and so much as is needed to
pay such refunds is hereby appropriated.
Sec. 72. Minnesota Statutes 1988, section 273.02,
subdivision 6, is amended to read:
Subd. 6. [SPECIAL GENERAL FUND.] The taxes collected in
accordance with subdivision 4 shall be transmitted by the county
treasurer to the state treasurer and deposited in a special the
general fund. There shall be paid from this special the general
fund the amount of refunds determined in accordance with
subdivision 5. In the event the amount in such fund is not
sufficient to pay such refunds, the refunds shall be paid as
soon as sufficient amounts are available in the fund.
The balance in such fund shall be distributed at the end of
each fiscal year to the iron range resources and rehabilitation
board account.
Sec. 73. Minnesota Statutes 1988, section 284.28,
subdivision 8, is amended to read:
Subd. 8. There is established in the state treasury a real
estate assurance account. This account is composed of money
appropriated by the legislature for this purpose and all money
deposited in the state treasury and credited to the account.
Money in the state treasury credited to the real estate
assurance account from all sources is annually appropriated to
the state treasurer for the purpose of paying claims ordered by
the district court to be paid from the fund. At the time of
sale of a parcel of tax forfeited land, the county auditor shall
charge and collect in full an amount equal to three percent of
the total sale price of land. Before filing a notice of
expiration of time for redemption, in cases where an auditor's
certificate of sale or a state assignment certificate has been
issued, the county auditor shall charge and collect in full from
the holder of the certificate an amount equal to three percent
of the appraised value of the property for tax purposes. The
amounts so collected by the auditor shall be deposited in the
state treasury and credited to the real estate assurance account
general fund. Income earned from moneys in the account shall be
credited to the account. The state treasurer may separately
invest account moneys.
In determining compensation for the unjust deprivation
suffered by the claimant, which may include severance damages
sustained if the claimant owns adjoining land, the court shall
take into account delinquent taxes, penalties, costs, and
interest which would have been due and owing if the claimant had
redeemed the land.
No claimant shall recover the value of improvements made to
the land by other persons or the increment in value of land that
occurs after the claimant has actual notice of the forfeiture
proceeding. All claims against the real estate assurance
account and ordered by the district court to be paid therefrom
shall be obligations of the state and shall be paid out of the
first moneys coming into the assurance general fund from
legislative appropriations, the collection of money by county
auditors or from any other sources as provided by law.
There is appropriated from the general fund to the state
treasurer amounts sufficient to pay the amount by which any
claims ordered to be paid from the real estate assurance account
pursuant to under this subdivision. exceed the amount existing
in the account at the time of the order, but the total amount
appropriated from the general fund shall not exceed the amounts
transferred from the real estate assurance account to the
general fund pursuant to Laws 1981, chapter 356, section 339,
plus interest.
Sec. 74. Minnesota Statutes 1988, section 284.28,
subdivision 9, is amended to read:
Subd. 9. In any action brought to recover loss or damage
from the real estate assurance account general fund, the state
treasurer, in that official capacity, shall be named as
defendant. If the assurance account is insufficient to pay the
amount of any judgment, in full, the unpaid balance thereof
shall bear interest at the legal rate and shall be paid together
with any accrued interest thereon. The attorney general or, at
the attorney general's request, the county attorney of the
county in which the land or a major part of it lies, shall
defend the state treasurer in all such actions.
Sec. 75. Minnesota Statutes 1988, section 284.28,
subdivision 10, is amended to read:
Subd. 10. Any action or proceeding pursuant to this
section to recover damages out of the real estate assurance fund
shall be commenced within ten years after the expiration of the
periods within which claims may be asserted pursuant to
subdivisions 2 and 3, and not afterwards. If, within this ten
year period the person entitled to bring such action or
proceeding is under legal disability, such person, or anyone
claiming under the person, may commence such action or
proceeding within the period expiring two years after such
disability is removed or within the ten year period, whichever
period is greater.
Sec. 76. Minnesota Statutes 1988, section 296.421,
subdivision 8, is amended to read:
Subd. 8. [COMPUTATION AND DISTRIBUTION OF UNREFUNDED TAXES
FOR FOREST ROADS.] The amount of unrefunded tax paid on gasoline
and special fuel used to operate motor vehicles on forest roads,
except gasoline and special fuel used for aviation purposes, is
$675,000 annually and is appropriated from the highway user tax
distribution fund and must be transferred and credited in equal
installments on July 1 and January 1 as follows: $400,000 must
be credited to a the state forest road account and established
in section 89.70. $275,000 must be credited to a county
management access road account of this amount must be annually
transferred to counties for management and maintenance of county
forest roads.
Sec. 77. Minnesota Statutes 1988, section 297.13,
subdivision 1, is amended to read:
Subdivision 1. [CIGARETTE TAX APPORTIONMENT.] Revenues
received from taxes, penalties, and interest under sections
297.01 to 297.13 and from license fees and miscellaneous sources
of revenue shall be deposited by the commissioner of revenue in
a separate and special fund, designated as the tobacco tax
revenue fund, in the state treasury and credited as follows:
(a) first to the general obligation special tax bond debt
service account in each fiscal year the amount required to
increase the balance on hand in the account on each December 1
to an amount equal to the full amount of principal and interest
to come due on all outstanding bonds whose debt service is
payable primarily from the proceeds of the tax to and including
the second following July 1; and
(b) after the requirements of paragraph (a) have been met:
(1) the revenue produced by one mill of the tax on
cigarettes weighing not more than three pounds a thousand and
two mills of the tax on cigarettes weighing more than three
pounds a thousand must be credited to the Minnesota future
resources account;
(2) the revenue produced by two mills of the tax on
cigarettes weighing not more than three pounds a thousand and
four mills of the tax on cigarettes weighing more than three
pounds a thousand must be credited to the Minnesota state water
pollution control fund created in section 116.16, provided that,
if the tax on cigarettes imposed by United States Code, title
26, section 5701, as amended, is reduced after June 1, 1985, an
additional one mill of the tax on cigarettes weighing not more
than three pounds a thousand and two mills of the tax on
cigarettes weighing more than three pounds a thousand must be
credited to the Minnesota state water pollution control fund
created in section 116.16 less any amount credited to the
general obligation special tax debt service account under
paragraph (a), with respect to bonds issued for the prevention,
control, and abatement of water pollution;
(3) the revenue produced by one mill of the tax on
cigarettes weighing not more than three pounds a thousand and
two mills of the tax on cigarettes weighing more than three
pounds a thousand must be credited to a public health fund,
provided that if the tax on cigarettes imposed by United States
Code, title 26, section 5701, as amended, is reduced after June
1, 1985, an additional two-tenths of one mill of the tax on
cigarettes weighing not more than three pounds a thousand and an
additional four-tenths of one mill of the tax on cigarettes
weighing more than three pounds a thousand must be credited to
the public health fund;
(4) the balance of the revenues derived from taxes,
penalties, and interest under sections 297.01 to 297.13 and from
license fees and miscellaneous sources of revenue shall be
credited to the general fund.
Sec. 78. Minnesota Statutes 1988, section 297.26, is
amended to read:
297.26 [REVENUE DISTRIBUTION.]
All revenues derived from taxes, penalties, and interest
under sections 297.21 to 297.26 shall be deposited by the
commissioner in the tobacco tax revenue fund state treasury and
disposed of in the same manner as provided by section 297.13 for
revenues received under sections 297.01 to 297.13.
Sec. 79. Minnesota Statutes 1988, section 297.32,
subdivision 9, is amended to read:
Subd. 9. Revenue derived from the taxes imposed by this
section must be deposited by the commissioner in the state
treasury and credited as follows:
(1) the revenue produced by the tax on five percent of the
wholesale sales price or cost of the tobacco products except
little cigars must be credited to the Minnesota state water
pollution control fund created in section 116.16; and
(2) the balance of the revenue must be credited to the
general fund.
Sec. 80. Minnesota Statutes 1988, section 297A.44,
subdivision 1, is amended to read:
Subdivision 1. (a) Except as provided in paragraphs (b)
and (c) all revenues, including interest and penalties, derived
from the excise and use taxes imposed by sections 297A.01 to
297A.44 shall be deposited by the commissioner in the state
treasury and credited to the general fund.
(b) All excise and use taxes derived from sales and use of
property and services purchased for the construction and
operation of an agricultural resource project, from and after
the date on which a conditional commitment for a loan guaranty
for the project is made pursuant to section 41A.04, subdivision
3, shall be deposited in the Minnesota agricultural and economic
development account in the special revenue fund. The
commissioner of finance shall certify to the commissioner the
date on which the project received the conditional commitment.
The amount deposited in the loan guaranty fund account shall be
reduced by any refunds and by the costs incurred by the
department of revenue to administer and enforce the assessment
and collection of the taxes.
(c) All revenues, including interest and penalties, derived
from the excise and use taxes imposed on sales and purchases
included in section 297A.01, subdivision 3, paragraphs (d) and
(l), clauses (1) and (2), must be deposited by the commissioner
of revenue in a separate and special fund, designated as the
sports and health club sales tax revenue fund in the state
treasury, and credited as follows:
(1) first to the general obligation special tax bond debt
service account in each fiscal year the amount required by
section 16A.661, subdivision 3, paragraph (b); and
(2) after the requirements of clause (1) have been met, the
balance must be credited to the general fund.
Sec. 81. Minnesota Statutes 1988, section 336.9-413, is
amended to read:
336.9-413 [UNIFORM COMMERCIAL CODE ACCOUNT.]
(a) The uniform commercial code account is established as
an account in the state treasury.
(b) The filing officer with whom a financing statement,
assignment, or continuation statement is filed, or to whom a
request for search is made, shall collect a $2 surcharge on each
filing or search. By the 15th day following the end of each
fiscal quarter, each county recorder shall forward the receipts
from the surcharge accumulated during that fiscal quarter to the
secretary of state. The surcharge does not apply to a search
request made by a natural person who is the subject of the data
to be searched except when a certificate is requested as a part
of the search.
(c) The surcharge amounts received from county recorders
and the surcharge amounts collected by the secretary of state's
office must be deposited in the state treasury and credited to
the uniform commercial code account general fund.
(d) Fees that are not expressly set by statute but are
charged by the secretary of state to offset the costs of
providing a service under sections 336.9-411 to 336.9-413 must
be deposited in the state treasury and credited to the uniform
commercial code account.
(e) Fees that are not expressly set by statute but are
charged by the secretary of state to offset the costs of
providing information contained in the computerized records
maintained by the secretary of state must be deposited in the
state treasury and credited to the uniform commercial code
account.
(f) Money in the uniform commercial code account is
continuously appropriated to the secretary of state to implement
and maintain the computerized uniform commercial code filing
system under section 336.9-411 and to provide
electronic-view-only access to other computerized records
maintained by the secretary of state.
Sec. 82. Minnesota Statutes 1988, section 357.021,
subdivision 2a, is amended to read:
Subd. 2a. [CERTAIN FEE PURPOSES.] Of the marriage
dissolution fee collected pursuant to subdivision 1 2, the court
administrator shall pay $35 to the state treasurer to be
deposited in the special revenue general fund to be used as
follows: $15 for the purposes of funding grant programs for
emergency shelter services and support services to battered
women under sections 611A.31 to 611A.36 and for administering
displaced homemaker programs established under section 268.96;
and $20 is appropriated to the commissioner of corrections for
the purpose of funding emergency shelter services and support
services to battered women, on a matching basis with local money
for 20 percent of the costs and state money for 80 percent. Of
the $15 for the purposes of funding grant programs for emergency
shelter services and support services to battered women under
sections 611A.31 to 611A.36 and for administering displaced
homemaker programs established under section 268.96, $6.75 is
appropriated to the commissioner of corrections and $8.25 is
appropriated to the commissioner of jobs and training. The
commissioner of jobs and training may use money appropriated in
this subdivision for the administration of a displaced homemaker
program regardless of the date on which the program was
established.
Sec. 83. Minnesota Statutes 1988, section 373.27,
subdivision 3, is amended to read:
Subd. 3. All money grants under subdivision 1 shall be
deposited in the general special revenue fund in the state
treasury in a special account in the name of the commission or
commissioner named in subdivision 1 to whom it was granted, and
is appropriated to the commission or commissioner for the
purposes specified in the grant. The money shall not cancel but
shall remain available until expended for the purpose or
purposes for which it was granted. If no specific purpose is
named in the grant, the money shall be available to the
commission or commissioner for any of the purposes set forth in
subdivision 1.
Sec. 84. Minnesota Statutes 1988, section 402.065, is
amended to read:
402.065 [BUDGET, LEVY; AUDIT.]
In conjunction with the county budget setting process, the
human services board shall submit to each county board of
commissioners participating in the human services board an
estimate of the amount needed by it to perform its duties,
including expenses of administration, and, if approved, each
county shall levy a tax as provided by law for these purposes.
In the event the estimate is not approved, each county board of
commissioners participating in the human services board shall
confer with the human services board, develop a budget and levy
a tax for the amount required. The state auditor shall audit
the books and accounts of the human services board once each
year. The human services board shall pay to the state the total
cost and expenses of the examination, including the salaries
paid to auditors while actually engaged in making the
examination. The revolving general fund of the state auditor
shall be credited with all collections made for any examination.
Sec. 85. Minnesota Statutes 1988, section 403.11,
subdivision 1, is amended to read:
Subdivision 1. [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each
customer of a local exchange company is assessed a fee to cover
the costs of ongoing maintenance and related improvements for
trunking and central office switching equipment for minimum 911
emergency telephone service, plus administrative and staffing
costs of the department of administration related to managing
the 911 emergency telephone service program.
(b) The fee may not be less than eight cents nor more than
30 cents a month for each customer access line, including trunk
equivalents as designated by the public utilities commission for
access charge purposes. The fee must be the same for all
customers.
(c) The fee must be collected by each utility providing
local exchange telephone service. Fees are payable to and must
be submitted to the commissioner of administration monthly
before the 25th of each month following the month of collection,
except that fees may be submitted quarterly if less than $250 a
month is due, or annually if less than $25 a month is due.
Receipts must be deposited in the state treasury and credited to
a 911 emergency telephone service account in the special revenue
fund. The money in the account may only be used for 911
telephone services as provided in paragraph (a).
(d) The commissioner of administration, with the approval
of the commissioner of finance, shall establish the amount of
the fee within the limits specified and inform the utilities of
the amount to be collected. Utilities must be given a minimum
of 45 days notice of fee changes.
Sec. 86. Minnesota Statutes 1988, section 462.396,
subdivision 4, is amended to read:
Subd. 4. The commission shall keep an accurate account of
its receipts and disbursement. Disbursements of funds of the
commission shall be made by check signed by the chair or
vice-chair or secretary of the commission and countersigned by
the executive director or an authorized deputy thereof after
such auditing and approval of the expenditure as may be provided
by rules of the commission. The state auditor shall audit the
books and accounts of the commission once each year, or as often
as funds and personnel of the state auditor permit. The
commission shall pay to the state the total cost and expenses of
such examination, including the salaries paid to the auditors
while actually engaged in making such examination. The
revolving general fund of the state auditor shall be credited
with all collections made for any such examination.
Sec. 87. Minnesota Statutes 1988, section 469.056,
subdivision 4, is amended to read:
Subd. 4. [COMPLIANCE EXAMINATIONS.] At the request of the
city or upon the auditor's initiative, the state auditor may
make a legal compliance examination of the authority for that
city. Each authority examined must pay the total cost of the
examination, including the salaries paid to the examiners while
actually engaged in making the examination. The state auditor
may bill monthly or at the completion of the audit. All
collections received must be deposited in the revolving general
fund of the state auditor.
Sec. 88. Minnesota Statutes 1988, section 469.100,
subdivision 6, is amended to read:
Subd. 6. [COMPLIANCE EXAMINATIONS.] At the request of the
city or upon the auditor's initiative, the state auditor may
make a legal compliance examination of the authority for that
city. Each authority examined must pay the total cost of the
examination, including the salaries paid to the examiners while
actually engaged in making the examination. The state auditor
may bill monthly or at the completion of the audit. All
collections received must be deposited in the revolving general
fund of the state auditor.
Sec. 89. Minnesota Statutes 1988, section 471.699, is
amended to read:
471.699 [ENFORCEMENT OF REPORTING REQUIREMENTS.]
Failure of a city to timely file a statement or report
under section 471.697 or 471.698 shall, in addition to any other
penalties provided by law, authorize the state auditor to send
full time personnel to the city or to contract with private
persons, firms or corporations pursuant to section 6.58, in
order to complete and file the financial statement or report.
The expenses related to the completion and filing of the
financial statement or report shall be charged to the city.
Upon failure by the city to pay the charge within 30 days of
billing, the state auditor shall so certify to the commissioner
of finance who shall forward the amount certified to the state
auditor's revolving general fund and deduct the amount from any
state funds due to the city under any shared taxes or aids. The
state auditor's annual report on cities shall include a listing
of all cities failing to file a statement or report.
Sec. 90. Minnesota Statutes 1988, section 473.13,
subdivision 4, is amended to read:
Subd. 4. [ACCOUNTS; AUDITS.] The council shall keep an
accurate account of its receipts and disbursements.
Disbursements of council money must be made by check, signed by
the chair or vice-chair of the council and countersigned by its
director or assistant director after whatever auditing and
approval of the expenditure may be provided by rules of the
council. The state auditor shall audit the books and accounts
of the council once each year, or as often as funds and
personnel of the state auditor permit. The council shall pay to
the state the total cost and expenses of the examination,
including the salaries paid to the auditors while actually
engaged in making the examination. The revolving general fund
of the state auditor must be credited with all collections made
for any examination.
Sec. 91. Minnesota Statutes 1988, section 473.375,
subdivision 17, is amended to read:
Subd. 17. [AUDIT.] The board must be audited at least once
each year. The board may elect to be audited by a certified
public accountant or by the state auditor. If the board chooses
the state auditor, the state auditor shall audit, either
directly or by subcontract, the board's financial accounts and
affairs at least once each year. The information in the audit
must be contained in the annual report and distributed in
accordance with section 473.445, subdivision 3. The board shall
pay the total cost of the audit, including the salaries paid to
the examiners while actually engaged in making the examination.
The state auditor may bill monthly or at the completion of the
audit. All collections received for the state audits must be
deposited in the revolving general fund of the state auditor.
Sec. 92. Minnesota Statutes 1988, section 473.435,
subdivision 2, is amended to read:
Subd. 2. [AUDIT.] The commission must be audited at least
once each year. The commission may elect to be audited by a
certified public accountant or by the state auditor. If the
commission chooses the state auditor, the state auditor shall
make an audit, either directly or by subcontract, of the
commission's financial accounts and affairs at least once each
year. Copies of the auditor's report shall be filed and kept
open to public inspection in the offices of the secretary of the
commission, the board, and the secretary of state. The
information in the audit shall be contained in the annual report
and distributed in accordance with section 473.445. The
commission shall pay the total cost of the audit, including the
salaries paid to the examiners while actually engaged in making
the examination. The state auditor may bill monthly or at the
completion of the audit. All collections received for the state
audits must be deposited in the revolving general fund of the
state auditor.
Sec. 93. Minnesota Statutes 1988, section 473.543,
subdivision 5, is amended to read:
Subd. 5. The state auditor shall audit the books and
accounts of the commission at least once each year. The
commission shall pay to the state the total cost and expenses of
such examination, including the salaries paid to the examiners
while actually engaged in making such examination. The
revolving general fund of the state auditor shall be credited
with all collections made for any such examination. The council
may also require the commission to have an independent audit
made by a certified public accountant to be paid for by the
commission, and may examine the commission's books and accounts
at any time.
Sec. 94. Minnesota Statutes 1988, section 473.843,
subdivision 2, is amended to read:
Subd. 2. [DISPOSITION OF PROCEEDS.] After reimbursement to
the department of revenue for costs incurred in administering
this section, the proceeds of the fees imposed under this
section, including interest and penalties, must be deposited as
follows:
(a) one-half of the proceeds must be deposited in the
metropolitan landfill abatement fund account established in
section 473.844; and
(b) one-half of the proceeds must be deposited in the
metropolitan landfill contingency action trust fund established
in section 473.845.
Sec. 95. Minnesota Statutes 1988, section 473.844,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT; PURPOSES.] The metropolitan
landfill abatement fund account is created as an account in
the state treasury environmental fund in order to reduce to the
greatest extent feasible and prudent the need for and practice
of land disposal of mixed municipal solid waste in the
metropolitan area. The fund account consists of revenue
deposited in the fund account under section 473.843, subdivision
2, clause (a), and interest earned on investment of money in the
fund account. All repayments to loans made under this section
must be credited to the fund account. The money in the fund
account may be spent only for purposes of metropolitan landfill
abatement as provided in subdivision 1a and only upon
appropriation by the legislature.
Sec. 96. Minnesota Statutes 1988, section 473.845,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The metropolitan landfill
contingency action trust fund is created as an account
expendable trust fund in the state treasury. The fund consists
of revenue deposited in the fund under section 473.843,
subdivision 2, clause (b); amounts recovered under subdivision
6; and interest earned on investment of money in the fund.
Sec. 97. Minnesota Statutes 1988, section 480.09,
subdivision 5, is amended to read:
Subd. 5. All moneys collected shall be paid into the state
treasury and are appropriated to the state law librarian for
library purposes credited to the general fund. Separate
accounts shall be maintained for book sales receipts, the book
purchasing service, and computer-assisted legal research.
Sec. 98. Minnesota Statutes 1988, section 517.08,
subdivision 1c, is amended to read:
Subd. 1c. [DISPOSITION OF LICENSE FEE.] Of the marriage
license fee collected pursuant to subdivision 1b, the court
administrator shall pay $30 to the state treasurer to be
deposited in the special revenue fund to be used as follows:
$6.75 is appropriated to the commissioner of corrections for the
purposes of funding grant programs for emergency shelter
services and support services to battered women under sections
611A.31 to 611A.36, and $23.25 is appropriated to the
commissioner of jobs and training for displaced homemaker
programs under section 268.96. The commissioner of jobs and
training may use money appropriated in this subdivision for the
administration of a displaced homemaker program regardless of
the date on which the program was established general fund.
Sec. 99. Minnesota Statutes 1988, section 609.101, is
amended to read:
609.101 [SURCHARGE ON FINES, ASSESSMENTS; MINIMUM FINES.]
Subdivision 1. [SURCHARGES AND ASSESSMENTS.] When a court
sentences a person convicted of a felony, gross misdemeanor, or
misdemeanor, other than a petty misdemeanor such as a traffic or
parking violation, and if the sentence does not include payment
of a fine, the court shall impose an assessment of not less than
$25 nor more than $50. If the sentence for the felony, gross
misdemeanor, or misdemeanor includes payment of a fine of any
amount, including a fine of less than $100, the court shall
impose a surcharge on the fine of ten percent of the fine. This
section applies whether or not the person is sentenced to
imprisonment and when the sentence is suspended. The court may
not waive payment or authorize payment of the assessment or
surcharge in installments unless it makes written findings on
the record that the convicted person is indigent or that the
assessment or surcharge would create undue hardship for the
convicted person or that person's immediate family. If the
court fails to waive or impose an assessment required by this
section, the court administrator shall correct the record to
show imposition of an assessment of $25 if the sentence does not
include payment of a fine, or if the sentence includes a fine,
to show an imposition of a surcharge of ten percent of the fine.
Except for assessments and surcharges imposed on persons
convicted of violations described in section 97A.065,
subdivision 2, the court shall collect and forward to the
commissioner of finance the total amount of the assessment or
surcharge and the commissioner shall credit all money so
forwarded to a crime victim and witness account, which is
established as a special account in the state treasury the
general fund.
Money credited to the crime victim and witness account may
be appropriated for but is not limited to the following purposes:
(1) use for crime victim reparations under sections 611A.51
to 611A.68;
(2) use by the crime victim and witness advisory council
established under section 611A.71; and
(3) to supplement the federally funded activities of the
crime victim ombudsman under section 611A.74.
If the convicted person is sentenced to imprisonment, the
chief executive officer of the correctional facility in which
the convicted person is incarcerated may collect the assessment
or surcharge from any earnings the inmate accrues for work
performed in the correctional facility and forward the amount to
the commissioner of finance, indicating the part that was
imposed for violations described in section 97A.065, subdivision
2, which must be credited to the game and fish fund.
Subd. 2. [MINIMUM FINES.] Notwithstanding any other law:
(1) when a court sentences a person convicted of violating
section 609.221, 609.267, or 609.342, it must impose a fine of
not less than $500 nor more than the maximum fine authorized by
law;
(2) when a court sentences a person convicted of violating
section 609.222, 609.223, 609.2671, 609.343, 609.344, or
609.345, it must impose a fine of not less than $300 nor more
than the maximum fine authorized by law; and
(3) when a court sentences a person convicted of violating
section 609.2231, 609.224, or 609.2672, it must impose a fine of
not less than $100 nor more than the maximum fine authorized by
law.
The court may not waive payment of the fine or authorize
payment of it in installments unless the court makes written
findings on the record that the convicted person is indigent or
that the fine would create undue hardship for the convicted
person or that person's immediate family.
The court shall collect the minimum fine mandated by this
subdivision and forward 70 percent of it to a local victim
assistance program that provides services locally in the county
in which the crime was committed. The court shall forward the
remaining 30 percent to the commissioner of finance to be
credited to the crime victim and witness account established in
subdivision 1 general fund. If more than one victim assistance
program serves the county in which the crime was committed, the
court may designate on a case-by-case basis which program will
receive the fine proceeds, giving consideration to the nature of
the crime committed, the types of victims served by the program,
and the funding needs of the program. If no victim assistance
program serves that county, the court shall forward 100 percent
of the fine proceeds to the commissioner of finance to be
credited to the crime victim and witness account general fund.
Fine proceeds received by a local victim assistance program must
be used to provide direct services to crime victims. Fine
proceeds credited to the crime victim and witness account may be
appropriated to the crime victim and witness advisory council,
and the council may use all or part of the proceeds for the
purpose of providing grants to establish new victim assistance
programs.
The minimum fine required by this subdivision is in
addition to the surcharge or assessment required by subdivision
1 and is in addition to any term of imprisonment or restitution
imposed or ordered by the court.
As used in this subdivision, "victim assistance program"
means victim witness programs within county attorney offices or
any of the following programs approved by the department of
corrections: crime victim crisis centers, victim-witness
programs, battered women shelters and nonshelter programs, and
sexual assault programs.
Sec. 100. Minnesota Statutes 1988, section 609.5315,
subdivision 5, is amended to read:
Subd. 5. [DISTRIBUTION OF MONEY.] Seventy percent of the
money or proceeds from the sale of forfeited property, after
payment of seizure, storage, forfeiture, and sale expenses, and
satisfaction of valid liens against the property, must be
forwarded to the appropriate agency for deposit as a supplement
to its operating fund or similar fund for use in law enforcement
to the general fund, and 20 percent must be forwarded to the
county attorney or other prosecuting agency that handled the
forfeiture for deposit as a supplement to its operating fund or
similar fund for prosecutorial purposes. The remaining ten
percent of the money or proceeds must be forwarded within 60
days after resolution of the forfeiture to the state treasury
and credited to the crime victim and witness account established
under section 609.101 general fund. Any local police relief
association organized under chapter 423, which received or was
entitled to receive the proceeds of any sale made under this
section before the effective date of Laws 1988, chapter 665,
sections 1 to 17, shall continue to receive and retain the
proceeds of these sales.
Sec. 101. Minnesota Statutes 1988, section 611A.61,
subdivision 3, is amended to read:
Subd. 3. [DEPOSIT OF REVENUE TO FUND.] The first $18,000
Amounts collected under this section in each year of the
biennium must be deposited into the general fund. Amounts in
excess of $18,000 must be deposited into the crime victim and
witness account in the state treasury for the purposes
established in section 609.101.
Sec. 102. Minnesota Statutes 1988, section 626.861,
subdivision 3, is amended to read:
Subd. 3. [COLLECTION BY COURT.] After a determination by
the court of the amount of the fine or penalty assessment due,
the court administrator shall collect the appropriate penalty
assessment and transmit it to the county treasurer separately
with designation of its origin as a penalty assessment, but with
the same frequency as fines are transmitted. Amounts collected
under this subdivision shall then be transmitted to the state
treasurer for deposit in the general fund for peace officers
training, in the same manner as fines collected for the state by
a county. The state treasurer shall identify and report to the
commissioner of finance all amounts deposited in the general
fund under this section.
Sec. 103. Minnesota Statutes 1988, section 626.861,
subdivision 4, is amended to read:
Subd. 4. [PEACE OFFICERS TRAINING ACCOUNT.] Receipts from
penalty assessments must be credited to a peace officers
training account in the special revenue fund. Money credited to
the peace officers training account may be appropriated for but
not limited to the following purposes, among others the general
fund. The peace officers standards and training board may
allocate from funds appropriated as follows:
(a) Up to ten percent may be provided for reimbursement to
board approved skills courses in proportion to the number of
students successfully completing the board's skills licensing
examination.
(b) The balance may be used to pay each local unit of
government an amount in proportion to the number of licensed
peace officers and constables employed, at a rate to be
determined by the board. The disbursed amount must be used
exclusively for reimbursement of the cost of in-service training
required under this chapter and chapter 214.
Sec. 104. Laws 1987, chapter 386, article 2, section 22,
is amended to read:
Sec. 22. [LOAN PROGRAMS TERMINATED; ADMINISTRATION; CREDIT
OF REPAYMENTS.]
The following loan programs administered by the Minnesota
energy and economic development authority are terminated: the
special assistance program under section 116M.07, subdivision
11, except for the small business development loans; the
technology product loan program; the tourism loan program
created under section 116M.07; the energy loan insurance program
under section 116M.11; the energy development fund program under
section 116M.12; and the Minnesota fund program under sections
472.11 to 472.13. Loan repayments, earnings, releases from
insurance reserve accounts, and other income from these programs
must be paid to the the commissioner of energy trade and
economic development, who shall deposit them in the state
treasury and credit them to the greater Minnesota general fund.
Sec. 105. Laws 1987, chapter 386, article 9, section 19,
is amended to read:
Sec. 19. [LOAN REPAYMENTS.]
The commissioner of energy trade and economic development
shall credit money received before July 1, 1987, from loan
repayments, earnings, releases from insurance reserve accounts,
and other income from the following programs to the Minnesota
agricultural and economic development fund: the special
assistance program under section 116M.07, subdivision 11, except
for the small business development loans; the technology product
loan program; the tourism loan program created under section
116M.07; the energy loan insurance program under section
116M.11; the energy development fund program under section
116M.12; and the Minnesota fund program under sections 472.11 to
472.13. The commissioner of energy trade and economic
development shall credit money received on or after July 1,
1987, to the greater Minnesota general fund.
Sec. 106. [INSTRUCTION TO REVISOR.]
Subdivision 1. [CHANGES IN THIS SECTION.] In the next
edition of Minnesota Statutes, the revisor of statutes shall
make the changes listed in this section.
Subd. 2. ["FUND" TO "ACCOUNT."] (a) The revisor shall
change "fund" to "account" in sections 41A.09, subdivision 3;
84.155; 84A.51, subdivisions 1 and 3; 84A.54; 84A.55,
subdivision 10; 115A.15, subdivision 6; 115B.02, subdivision 7;
115B.16, subdivision 4; 115B.19; 115B.20, subdivisions 2 and 5;
115B.30; 115C.04, subdivision 3; 115C.08, subdivisions 2 and 4;
115C.09, subdivision 3; 115C.10, subdivision 1; 116.07,
subdivision 4d; 116J.980, subdivision 1; 116N.08, subdivisions 3
and 5; 116O.02, subdivision 4; and 473.844, subdivisions 1a and
3.
(b) The revisor shall change "funds" to "accounts" in
section 84.155.
(c) The revisor shall change references to "Minnesota
agricultural and economic development fund" or "agricultural and
economic development fund" to "Minnesota agricultural and
economic development account" or "agricultural and economic
development account" wherever those words appear in Minnesota
Statutes 1990 and subsequent editions of the statutes.
Subd. 3. [FUND AND ACCOUNT NAMES.] The revisor shall make
the indicated changes to the sections and subdivisions listed in
this subdivision:
(1) in section 16B.70, subdivisions 1 and 2, "special
revenue fund" to "general fund";
(2) in section 43A.21, subdivision 4, "general fund" to
"special revenue fund";
(3) in section 84.0911, subdivision 2, "wild rice
management account" to "game and fish fund";
(4) in section 84A.53, subdivision 1, "consolidated fund"
to "consolidated account";
(5) in section 84A.53, subdivision 2, "consolidated
conservation fund" to "consolidated account";
(6) in section 85.052, subdivision 4, "state park
maintenance and operation account" to "general fund";
(7) in section 88.14, subdivision 3, "forest service fund"
to "general fund";
(8) in section 88.79, subdivision 2, "forest management
fund" to "general fund";
(9) in section 89.37, subdivision 4, "forest management
fund" to "forest nursery account";
(10) in section 94.16, subdivision 3, "land acquisition
account" to "natural resources fund";
(11) in section 106A.615, subdivision 6, "wildlife
acquisition fund" to "game and fish fund";
(12) in section 116.05, subdivision 2, "pollution control
agency fund" to "general fund";
(13) in section 116.12, subdivision 1, "special revenue
fund" to "special revenue account";
(14) in section 183.545, subdivision 9, "special revenue
fund" to "general fund";
(15) in section 270.185, subdivision 2, "revolving fund" to
"account";
(16) in section 284.28, subdivisions 4 and 7, "assurance
fund" to "general fund";
(17) in sections 326.47, subdivision 3, and 326.52,
"special revenue fund" to "general fund";
(18) in section 385.20, "common school fund" to "general
fund"; and
(19) in section 403.11, subdivision 1, "special revenue
fund" to "special revenue fund."
Sec. 107. [SPECIAL INSTRUCTION.]
The department of finance may adjust appropriations made to
individual agencies for the 1990-1991 biennium to reflect the
fund consolidation structure contained in this article while
developing agency spending plans for the biennium. The
department shall also have authority to resolve inconsistencies
between existing statutes and this article through June 30,
1991. The department shall report adjustments made in agency
budgets to implement this article to the chairs of the house
appropriations and senate finance committees with specific
recommendations on any statutory changes needed to clarify the
inconsistency between this article and existing statute.
Sec. 108. [12 FUND TRANSFER.]
Unless specifically provided otherwise in this act, fees on
deposit in the special revenue fund No. 12 at the close of
business June 30, 1989, are transferred to the general fund.
Sec. 109. [REPEALER.]
Subdivision 1. [STATUTORY SECTIONS.] Minnesota Statutes
1988, sections 11A.22; 84.0911, subdivisions 1 and 3; 85.051;
89.04; 93.221; 116J.968; 190.26; 344.03; and 469.121,
subdivision 1, are repealed.
Subd. 2. [COST ACCOUNTING SYSTEM;
RECOMMENDATION.] Notwithstanding the repeal of Minnesota
Statutes, section 89.04, during the biennium the department of
natural resources shall develop a cost accounting system to keep
track of each source of the revenues dedicated under the
repealed sections. The commissioner of natural resources shall
provide a biennial report to the chairs of the house
appropriations and senate finance committees balancing receipts
from these sources against expenditures made to ensure the
intent that these receipts continue to be used for the purposes
for which they have historically been expended.
Sec. 110. [EFFECTIVE DATE.]
Section 81 is effective June 30, 1991.
Presented to the governor May 31, 1989
Signed by the governor June 3, 1989, 1:00 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes