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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1990 

                        CHAPTER 594-H.F.No. 2419 
           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 2.722, subdivision 4; 3.736, subdivision 7; 
          11A.07, subdivision 5; 15.53, by adding a subdivision; 
          89.58; 115A.15, subdivision 6; 116.36, subdivision 1; 
          116.65, subdivision 3; 116D.045, subdivision 3; 
          116P.05; 116P.11; 176B.02; 176B.04; 190.08, by adding 
          a subdivision; 201.023; 243.48, subdivision 1; 
          268.677, subdivision 2; 268.681, subdivision 3; 
          270.68, subdivision 1; 282.014; 296.06, subdivision 2; 
          296.12, subdivisions 1 and 2; 296.17, subdivisions 10 
          and 17; 297.03, subdivision 5a; 326.75, subdivision 4; 
          349.22, subdivision 2; 349.36; 349.52, subdivision 3; 
          and 480A.01, subdivision 3; Minnesota Statutes 1989 
          Supplement, sections 16A.11, subdivision 3; 16A.133, 
          subdivision 1; 16B.24, subdivision 6; 16B.28, 
          subdivision 3; 16B.465, subdivision 1; 41A.05, 
          subdivision 1; 43A.02, subdivision 25; 43A.24, 
          subdivision 2; 85.205; 105.41, subdivision 5a; 
          115A.54, subdivision 2a; 116.85; 190.25, subdivision 
          3; 270.064; 357.021, subdivision 2; 357.022; and 
          357.08; Laws 1989, chapter 335, articles 1, section 
          28; and 4, section 109, subdivision 1; proposing 
          coding for new law in Minnesota Statutes, chapters 15; 
          16A; 88; 116; and 484; proposing coding for new law as 
          Minnesota Statutes, chapter 116Q; repealing Minnesota 
          Statutes 1988, sections 85.30; 268.681, subdivision 4; 
          and 326.82; Minnesota Statutes 1989 Supplement, 
          section 480.241; Laws 1989, chapter 303, section 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 
added to, or if shown in parentheses, are subtracted from the 
appropriations in Laws 1989, chapter 335, to the specified 
agencies and for the purposes specified in this act.  The 
figures "1990" and "1991," where used in this act, mean that the 
appropriations or reductions listed under them are available for 
the year ending June 30, 1990, or June 30, 1991, respectively.  
                      SUMMARY BY FUND 
                             1990         1991         TOTAL   
General               $( 1,183,000) $(15,751,000)   $(16,934,000)
Special Revenue            100,000   ( 1,149,000)    ( 1,049,000)
Minnesota Resources                  (    72,000)    (    72,000)
Game and Fish                            150,000         150,000 
Natural Resources           30,000     1,030,000       1,060,000
Environmental                            150,000         150,000 
Trunk Highway Fund                   ( 1,864,000)    ( 1,864,000)
TOTAL                 $( 1,053,000) $(17,506,000)   $(18,559,000)
                                           APPROPRIATIONS
                                       Available for the Year
                                           Ending June 30 
                                           1990        1991
     Sec. 2.  LEGISLATURE 
     Subdivision 1.  Senate                            (440,000) 
     Subd. 2.  House of Representatives                (560,000) 
     Subd. 3.  Legislative Coordinating 
Commission                                              (62,000)
(a) Legislative auditor                                 (71,000)
(b) This appropriation is to the         105,000         85,000
revisor of statutes for costs associated
with additional printing of special 
session and supplemental statutes 
and expansion of the computer room.
(c) This appropriation and the amount                   300,000
appropriated by Laws 1989, chapter 335,
article 1, section 2, subdivision 4, 
paragraph (k), for the subcommittee 
on redistricting are available until 
June 30, 1993. 
(d) The legislative coordinating 
commission shall use funds in the 
commission's contingent account for 
litigation expenses to affirm 
constitutional budgetary processes. 
     Sec. 3.  SUPREME COURT 
(a) This appropriation is to the state                    5,000
court administrator and is a one-time 
grant to match a federal Department of 
Justice grant to train judges in the
extent of drug use and drug laws. 
This appropriation is contingent on the
court receiving the federal grant.
(b) This appropriation is to the state                   57,000
court administrator and is a one-time 
grant to match a federal Department of 
Justice grant for development and 
implementation of court case management 
strategies.  This appropriation is 
contingent on the court receiving 
the federal grant. 
(c) General Reduction                                  (199,000)
(d) The supreme court is requested to 
review its judicial work guidelines in 
the light of increasing demands on 
judges' time and the lack of state 
resources for additional judges beyond 
those currently funded.  This should 
include review of guidelines for the 
accumulation of annual leave not taken. 
     Sec. 4.  COURT OF APPEALS                          (45,000)
     Sec. 5.  TRIAL COURTS 
(a) The legislature intends to 
appropriate at its 1991 regular session 
the money necessary to continue the 
eighth district pilot project until 
December 31, 1991. 
(b) The legislature intends to evaluate 
the eighth district pilot project 
during the 1991 regular session and 
decide at that time whether to continue 
the state takeover of trial court costs 
in the eighth district and whether to 
proceed to take over further trial 
court costs in other judicial districts.
(c) This appropriation is to Scott                       67,000
county for deposit in the county 
general fund for expenses incurred. 
     Sec. 6.  JUDICIAL STANDARDS BOARD                   (3,000)
     Sec. 7.  BOARD OF PUBLIC DEFENSE                  (100,000)
     Sec. 8.  GOVERNOR AND LIEUTENANT                  (130,000)
GOVERNOR 
     Sec. 9.  SECRETARY OF STATE                        (31,000)
     Sec. 10.  STATE TREASURER                          (57,000)*
(This section was vetoed by the governor.)
     Sec. 11.  STATE AUDITOR                            (12,000)
     Sec. 12.  ATTORNEY GENERAL                        (274,000)
This appropriation is for                                70,000
prosecution of lawful gambling cases. 
     Sec. 13.  ADMINISTRATION  
(a) General Reduction                                  (344,000)
(b) For legal fees incurred by use of                   133,000
private counsel for an asbestos removal  
lawsuit from which the state shall receive  
$400,000 in settlement fees.
(c) To Minnesota Public Radio for         30,000
ongoing construction at the Duluth station.
(d) $900,000 shall be loaned from the 
computer services revolving fund for a 
period not to exceed five years to the 
STARS revolving fund to be used for 
STARS planning.  The state-operated 
lottery and the STARS project shall 
jointly assess the feasibility and 
long-term benefits of using the STARS 
network to meet the telecommunications 
needs of the state-operated lottery.  
The progress of the assessment shall be 
reported to the chairs of the house 
appropriations committee and the senate 
finance committee by June 1, 1990, and 
December 31, 1990.  
(e) The commissioner of administration 
shall study and report to the 
legislature by January 15, 1991, on 
various incentives that might be 
provided to state managers to reduce 
spending while still accomplishing 
program objectives. 
     Sec. 14.  STATE BOARD OF INVESTMENT                (34,000)
     Sec. 15.  CAPITOL AREA              
ARCHITECTURAL AND PLANNING BOARD                        (13,000)
     Sec. 16.  FINANCE                                 (245,000)
(a) The position of deputy commissioner 
of finance is abolished. 
(b) The commissioner shall reduce the 
budget base for the agency by five 
percent as part of the 1992-1993 
biennial budget and present a plan for 
implementation of that reduction as 
part of the budget document submitted 
in January 1991. 
     Sec. 17.  EMPLOYEE RELATIONS                      (192,000)
The commissioner may spend up to 
$300,000 and add four positions from 
the public employees insurance trust 
fund. 
     Sec. 18.  REVENUE                      
(a) General Reduction                   (618,000)      (932,000)
(b) The department shall develop and 
report to the legislature a method of 
accurately accounting for sales tax 
receipts from solid waste collection 
and disposal services. 
(c) Gambling Regulation                   50,000        350,000
Five investigators and two support 
staff are added to the department of 
revenue criminal division.  The 
investigators shall be in the 
unclassified service.  Up to two 
investigator positions may be auditors. 
The commissioner shall give a priority 
within the division to cases that 
involve violations of the laws 
governing lawful gambling and shall 
provide the criminal division with the 
support resources necessary to carry 
out its responsibilities.  
Notwithstanding any law to the 
contrary, the criminal investigation 
unit shall use its existing authority 
to investigate any potential criminal 
activity related to lawful gambling. 
Upon completion of the investigations, 
the division may refer them to the 
attorney general for prosecution.  The 
commissioner of revenue shall report to 
the legislature no later than January 
31, 1992, on the results of the 
division's investigations. 
(d) On July 1, 1990, the commissioner 
of finance shall transfer $60,000 from 
the heat applied cigarette tax stamp 
revolving account to the general fund. 
     Sec. 19.  TAX COURT                                 (9,000)
     Sec. 20.  NATURAL RESOURCES 
(a) General Reduction                                (1,263,000)
(b) Minerals diversification activity                  (200,000)
(c) Beaver dam control program                         (100,000)
(d) This appropriation is for a                         138,000
grant to the forest resource center for 
a shiitake mushroom demonstration 
project.  This grant is contingent upon 
receipt of matching funds at least 
equal to the amount of the grant. 
(e) Mississippi Headwaters Board                         50,000 
$10,000 of this amount is for payment 
to the Leech Lake Band of Chippewa 
Indians to implement their portion of 
the comprehensive plan for the upper 
Mississippi. 
(f) For a tree planting for carbon                       25,000
dioxide absorption study. 
 (g) By January 1, 1991, the 
commissioner of natural resources and 
the commissioner of the pollution 
control agency, in consultation with 
representatives of industry that may be 
affected by a surcharge on carbon 
dioxide emissions, and representatives 
of the forestry and environmental 
communities, shall prepare a report on 
the use of a surcharge on carbon 
dioxide emissions.  The report shall: 
 (1) consider an appropriate fee on 
mechanized sources of carbon dioxide 
emissions, including motor vehicle and 
permitted facilities in the air 
emission inventory of the pollution 
control agency; 
 (2) recommend methods of encouraging 
tree and perennial shrubs and vines 
planting to be implemented in lieu of 
payment of part or all of a surcharge; 
and 
 (3) include a planting plan for carbon 
dioxide absorption that identifies the 
proper mix of species for adequate 
absorption, the proper placement of 
trees for energy efficiency and 
conservation, the areas of the state 
most effective for proper tree 
planting, the adequate production of 
state nursery stock, the available 
procurement of private nursery stock, a 
range of costs to plant adequate 
species that absorb carbon dioxide, and 
the current and prospective 
distribution system to allow adequate 
species to be planted. 
 (h) The commissioners of the pollution 
control agency and the department of 
natural resources may solicit and 
accept money from nonstate sources to 
accomplish the responsibilities in 
paragraph (g).  Donations received to 
complete the study must be deposited in 
the state treasury and credited to a 
separate account.  The money in the 
account received for the purposes of 
the study is appropriated to the 
commissioner of natural resources.  
(i) This appropriation is from the                      500,000
snowmobile account for snowmobile 
grants-in-aid.  
(j) This appropriation is from the      100,000
nongame wildlife account and is to be 
used for administrative costs 
associated with implementation of the 
corporate nongame check-off.  Eurasian 
water milfoil control projects shall be 
eligible to receive corporate nongame 
wildlife funding in preparing the 
1992-1993 biennial budget requests. 
(k) This appropriation is from the game                 150,000 
and fish fund for repair of the French 
River Hatchery Dam.  
(l) This appropriation is from the                      500,000
all-terrain vehicle account and is to 
be used as grants-in-aid for trail 
maintenance on multiple use trails.  
Grants are to be issued to counties 
with all-terrain vehicle organizations 
and snowmobile organizations that have 
entered into multiple use agreements 
for trails that currently qualify for 
snowmobile grants-in-aid trails under 
Minnesota Statutes, section 84.83.  
 (m) Any unencumbered balance remaining 
in the appropriation for acquisition of 
Grand Portage state park in Laws 1989, 
chapter 259, section 9, subdivision 1, 
may be transferred to the appropriation 
in Laws 1989, chapter 259, section 9, 
subdivision 2, for acquisition in 
Sibley state park following completion 
of the Grand Portage acquisition. 
 (n) Notwithstanding any other law to 
the contrary, no political subdivision 
shall condemn or remove any bridges on 
the Blue Ox Trail in Beltrami county 
that have not first been declared 
unsafe by the Minnesota department of 
transportation. 
     Sec. 21.  ZOOLOGICAL BOARD 
(a) General Reduction                                  (101,000)
(b) Coral Reef Shark Exhibit                            100,000
The complement of the zoo is increased 
by 2 positions. 
(c) Dinosaurs Alive Exhibit                             130,000 
     Sec. 22.  POLLUTION CONTROL AGENCY   
(a) This reduction is from the                       (1,500,000)
money appropriated from the general 
fund in Laws 1989, chapter 335, 
article 1, section 23, subdivision 4, for 
transfer to the environmental 
response compensation and compliance 
fund is reduced. 
(b) General Reduction                                  (213,000)
(c) This appropriation is for                           250,000
distribution as grants through
the individual on-site treatment 
program under Minnesota Statutes, 
section 116.18, subdivision 3c.  
(d) This appropriation is from the                       80,000
environmental fund for the site 
response property transfer program. 
(e) Resource Recovery Operator Training                  70,000
This appropriation is from the 
environmental fund and is to be 
transferred to the jobs skills 
partnership program. 
(f) The agency's federal fund 
complement is reduced by three and the 
special revenue complement is increased 
by three to reflect a change in the 
method used to account for federal 
indirect costs. 
     Sec. 23.  OFFICE OF WASTE MANAGEMENT 
(a) General Reduction                  (200,000)       (414,000)
(b) This reduction is from the                       (1,234,000)
SCORE grants to counties identified in 
Laws 1989, First Special Session 
chapter 1, article 24, section 2.  
(c) This appropriation is for the                       285,000
capital assistance program.  
The agency's authorized complement 
is increased by seven positions for 
administration of the capital 
assistance program. 
(d) Notwithstanding any other law to 
the contrary, any outstanding 
obligations that may be held in St. 
Louis county for grants issued to the 
county for construction or operation of 
the Babbitt waste tire facility under 
Minnesota Statutes 1986, section 
116M.07; Minnesota Statutes, section 
115A.54, subdivision 2a; or 298.22, 
shall be suspended until June 30, 1993. 
     Sec. 24.  TRADE AND ECONOMIC 
DEVELOPMENT   
     Subdivision 1.  Agency 
Supplemental Appropriations 
(a) $500,000 of the unobligated balance 
in the agricultural and economic 
development account established in 
Minnesota Statutes, section 41A.05, 
subdivision 1, is transferred to the 
capital access account in the special 
revenue fund created in Minnesota 
Statutes, section 116J.876, subdivision 
4, for guaranteeing loans under the 
capital access program.  Any remaining 
balance shall cancel to the general 
fund. 
(b) For the job skills partnership                      500,000
for aviation training.  This amount is 
not subject to the grant limits under 
Minnesota Statutes, section 116L.04.  
This portion of the appropriation does 
not cancel and is available until 
expended. 
(c) For the Minnesota trade                              50,000 
office for awarding grants to nonprofit 
organizations to support cultural and 
educational exchange programs that may 
lead to long-term trading relations.  
Grants must be matched with at least $3 
of nonpublic funds for every dollar of 
state grant funds awarded under this 
provision. 
(d) For a grant to the region 1                          30,000 
development commission for 
international trade and promotion 
activities.  The commission must 
cooperate with similar organizations in 
North Dakota and Manitoba.  
(e) For the purposes of                                 110,000 
planning, engineering, and acquisition 
of a public facilities project in 
a tourism-intensive area. 
(f) Minnesota Council for Quality                        50,000 
(g) For administration of                                50,000 
Celebrate 1990. 
(h) Of the amount appropriated for 
operation and maintenance of the 
regional park system in fiscal year 
1991, $120,000 is for construction of 
four floating fishing piers on the 
Mississippi river, two within the 
boundaries of cities of the first 
class, and two outside the boundaries 
of cities of the first class.  
(i) Notwithstanding any law to the 
contrary, the city of St. Paul shall 
use all revenue derived from its 
clawback funding of sewer financing 
only for sewer separation projects that 
directly result in the elimination of 
combined sewer overflow. 
     Subd. 2.  Agency Reductions
(a) General Reduction                                (1,040,000)
(b) The complement of the department is 
reduced by seven positions. 
(c) This amount is reduced for the    (500,000)
loan to the city of St. Paul for 
restoration of Union Depot.  During the
1992-1993 biennium $500,000 is
appropriated to the city of St. Paul for
restoration of the Union Depot.  This
funding is contingent on the city of
St. Paul having a plan for the 
restoration of the depot and raising
$2,000,000 from nonstate sources.
(d) For a reduction from the trade                      (50,000)
office travel budget.* (This item of 
section 24, subdivision 2, was vetoed
by the governor.)
(e) $300,000 of the export finance 
working capital account is transferred 
to the general fund. 
     Sec. 25.  HOUSING FINANCE AGENCY                (3,000,000) 
     Sec. 26.  AMATEUR SPORTS COMMISSION                 (9,000)
     Sec. 27.  STATE PLANNING AGENCY                   (601,000)*
(This section was vetoed by the governor.)
     Sec. 28.  LEGISLATIVE COMMISSION ON 
MINNESOTA RESOURCES                                     (72,000)
(a) The commissioner of finance, upon 
recommendation of the legislative 
commission on Minnesota resources, 
shall reduce the appropriations in Laws 
1989, chapter 335, article 1, section 
29, by this amount.  As the cash flow 
of the Minnesota resources fund 
permits, the commissioner of finance 
shall transfer this amount to the 
general fund. 
(b) The appropriation in Laws 1989, 
chapter 335, article 1, section 29, 
subdivision 11, paragraph (j), from the 
legislative commission on Minnesota 
resources for a study of wetland plant 
communities, is available until 
December 31, 1991. 
     Sec. 29.  LABOR AND INDUSTRY                
(a) General Reduction                                (2,520,000)
 $2,450,000 of this reduction is in the 
transfer from the general fund to the 
workers' compensation special fund.  
(b) Study of Long-Term Workers' 
Compensation Cases                                       15,000
This appropriation is for the 
commissioner of labor and industry to 
contract for a study of long-term 
workers' compensation cases.  The 
purposes of the study are to establish 
a uniform system for identifying 
factors contributing to recovery and to 
assist claimants and care providers in 
identifying the best means for recovery 
at the earliest possible time.  The 
study must include a pilot test on a 
sample of claims.  The test must 
evaluate the benefit of the uniform 
system for workers, employers, medical 
and rehabilitation providers, insurers, 
state monitoring organizations, 
litigators, and adjudicators.  Issues 
that should be addressed during the 
test include confidentiality, 
instrument reliability and validity, 
information utility and adequacy, data 
collection systems, and training of 
personnel.  The study must be conducted 
by an organization with substantial 
background in medical and psychological 
instrumentation and substantial 
knowledge of disability assessment.  
Bidders without a direct interest in 
the workers' compensation system as 
insurers or health care providers must 
be preferred.  A report of the study 
must be submitted to the commissioner 
of labor and industry and the 
legislature by July 1, 1991.  
Expenditure of this appropriation is 
contingent upon the commitment by 
private sources to the commissioner of 
labor and industry of private monies, 
outside of the state general fund, in 
an amount at least equal to five times 
the amount of the appropriation as 
additional funding for the study to be 
conducted under this section.  
     Sec. 30.  MEDIATION SERVICES                       (36,000)
     Sec. 31.  MILITARY AFFAIRS                        (189,000)
 Notwithstanding any law to the 
contrary, the department of military 
affairs, with the assistance of the 
management analysis division of the 
department of administration, shall 
analyze the cost savings that may be 
obtained through multiple use, the 
time-sharing, consolidation, or closure 
of armories throughout the state.  
     Sec. 32.  VETERANS AFFAIRS                         (52,000)
     Sec. 33.  HUMAN RIGHTS                             (60,000)
The department of human rights may not 
be charged by the attorney general for 
legal representation on behalf of 
complaining parties who have filed a 
charge of discrimination with the 
department.  This provision is 
effective retroactive to July 1, 1989.  
The department does not have an 
obligation to pay for any services 
rendered by the attorney general since 
July 1, 1985, in excess of the amounts 
already paid for those services. 
     Sec. 34.  DISABILITIES COUNCIL                     (10,000)
 The appropriation in Laws 1989, chapter 
335, article 1, section 41, may be used 
in part for grants, in coordination 
with statewide handicapped arts 
organizations, to arts organizations 
throughout the state that will serve 
individuals with disabilities, 
regardless of the size of their 
operating budgets.  
     Sec. 35.  RETIREMENT CONTRIBUTIONS 
(a) General fund                                     (2,206,000)
(b) Trunk highway fund                               (1,864,000)
(c) Other funds                                      (1,149,000)
With the exception of appropriations 
made to the University of Minnesota, 
the community college system, the 
technical college system, and the state 
university system, the commissioner of 
finance shall reduce each state 
agency's fiscal year 1991 appropriation 
by an amount equal to the sum of: 
 (1) .22 percent of the agency's fiscal 
year 1991 salaries paid to employees 
covered by the general state employee 
retirement plan established in 
Minnesota Statutes, chapter 352. 
 (2) 2.43 percent of the agency's fiscal 
year 1991 salaries paid to employees 
covered by the correctional employees 
retirement plan established in 
Minnesota Statutes, chapter 352. 
 (3) 4.02 percent of the agency's fiscal 
year 1991 salaries paid to employees 
covered by the state patrol retirement 
plan established in Minnesota Statutes, 
section 352B.02. 
 (4) .84 percent of the agency's fiscal 
year 1991 salaries paid to employees 
covered by the teacher's retirement 
plan established in Minnesota Statutes, 
chapter 354. 
 The appropriation reductions made under 
this section are permanent reductions 
to each agency's budget. 
    Sec. 36.  [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. 37.  [MANAGING REDUCTIONS.] 
    Subdivision 1.  [APPROPRIATION AVAILABILITY.] If the 
appropriation from the general fund to an agency listed in this 
act in either year of the biennium ending June 30, 1991, is 
insufficient, upon the advance approval of the commissioner of 
finance the appropriation for the other year is available for it.
    Subd. 2.  [BASE REDUCTIONS.] The appropriations reduced 
from an agency by this act, before any adjustments under 
subdivision 1, must not be added back to the agency's 
appropriation base for the 1992-1993 biennium. 
    Sec. 38.  Minnesota Statutes 1988, section 2.722, 
subdivision 4, is amended to read: 
    Subd. 4.  [DETERMINATION OF A JUDICIAL VACANCY.] (a) When a 
judge of the district, county, or county municipal court dies, 
resigns, retires, or is removed from office, the supreme court, 
in consultation with judges and attorneys in the affected 
district, shall determine within 90 days of receiving notice of 
a vacancy from the governor whether the vacant office is 
necessary for effective judicial administration.  The supreme 
court may continue the position, may order the position 
abolished, or may transfer the position to a judicial district 
where need for additional judges exists, designating the 
position as either a county, county/municipal or district court 
judgeship.  The supreme court shall certify any vacancy to the 
governor, who shall fill it in the manner provided by law. 
    (b) If a judge of district court fails to timely file an 
affidavit of candidacy and filing fee or petition in lieu of a 
fee, the official with whom the affidavits of candidacy are 
required to be filed shall notify the supreme court that the 
incumbent judge is not seeking reelection.  Within five days of 
receipt of the notice, the supreme court shall determine whether 
the judicial position is necessary for effective judicial 
administration and notify the official responsible for 
certifying the election results of its determination.  The 
supreme court may continue the position, may order the position 
abolished, or may transfer the position to a judicial district 
where the need for additional judgeships exists.  If the 
position is abolished or transferred, the election may not be 
held.  If the position is transferred, the court shall also 
notify the governor of the transfer.  Upon transfer, the 
position is vacant and the governor shall fill it in the manner 
provided by law.  An order abolishing or transferring a position 
is effective the first Monday in the next January. 
    Sec. 39.  Minnesota Statutes 1988, section 3.736, 
subdivision 7, is amended to read: 
    Subd. 7.  [PAYMENT.] A state agency, including an entity 
defined as part of the state in section 3.732, subdivision 1, 
clause (1), incurring a tort claim judgment or settlement 
obligation or whose employees acting within the scope of their 
employment incur the obligation shall seek approval to make 
payment by submitting a written request to the commissioner of 
finance.  The request shall contain a description of the tort 
claim that causes the request, specify the amount of the 
obligation and be accompanied by copies of judgments, settlement 
agreements or other documentation relevant to the obligation for 
which the agency seeks payment.  Upon receipt of the request and 
review of the claim, the commissioner of finance shall determine 
the proper appropriation from which to make payment.  If there 
is enough money in an appropriation or combination of 
appropriations to the agency for its general operations and 
management to pay the claim without unduly hindering the 
operation of the agency, the commissioner shall direct that 
payment be made from that source.  Claims relating to activities 
paid for by appropriations of dedicated receipts shall be paid 
from those appropriations if practicable.  On determining that 
an agency has sufficient money in these appropriations to pay 
only part of a claim, the commissioner shall pay the remainder 
of the claim from the money appropriated to the commissioner for 
the purpose.  On determining that the agency does not have 
enough money to pay any part of the claim, the commissioner 
shall pay all of the claim from money appropriated to the 
commissioner for the purpose.  On January 1 and July 1 of each 
year, the commissioner of finance shall transmit to the 
legislature and to the chair of the house appropriations and 
senate finance committees copies of all requests in the 
preceding six months together with a report on the payments made 
with respect to each request.  Payment shall be made only upon 
receipt of a written release by the claimant in a form approved 
by the attorney general, or the person designated as the 
university attorney, as the case may be. 
    No attachment or execution shall issue against the state. 
    Sec. 40.  Minnesota Statutes 1988, section 11A.07, 
subdivision 5, is amended to read: 
    Subd. 5.  [APPORTIONMENT OF EXPENSES.] The executive 
director shall apportion the actual expenses incurred by the 
board on an accrual basis among the several funds whose assets 
are invested by the board based on the weighted average assets 
under management during each quarter.  The charge to each 
retirement fund must be calculated, billed, and paid on a 
quarterly basis in accordance with procedures for 
interdepartmental payments established by the commissioner of 
finance.  The amounts necessary to pay these charges are 
appropriated from the investment earnings of each retirement 
fund.  Receipts must be credited to the general fund as 
nondedicated receipts.  Funds other than retirement funds must 
not be billed; their portion of the expenses will be borne by 
the general fund. 
    Sec. 41.  [15.082] [OBLIGATIONS OF PUBLIC CORPORATIONS.] 
    Notwithstanding any other law, the state is not liable for 
obligations of a public corporation created by statute.  Upon 
dissolution of the public corporation, its wholly-owned assets 
become state property.  Partially owned assets become state 
property to the extent that state money was used to acquire them.
     This section does not apply to a public corporation 
governed by chapter 119. 
    Sec. 42.  Minnesota Statutes 1988, section 15.53, is 
amended by adding a subdivision to read: 
    Subd. 3.  [POLITICAL SUBDIVISIONS.] A state department or 
agency must report to the department of employee relations an 
interchange with a political subdivision in which it is 
participating either as a sending or receiving agency.  The 
report must include identification of the political subdivision, 
the length of the individual assignment, and the duties of the 
individual assignment. 
    Sec. 43.  Minnesota Statutes 1989 Supplement, section 
16A.11, subdivision 3, is amended to read: 
    Subd. 3.  [PART TWO:  DETAILED BUDGET.] Part two of the 
budget, the detailed budget estimates both of expenditures and 
revenues, shall also include statements of the bonded 
indebtedness of the state, showing the actual amount of the debt 
service for at least the past two completed fiscal years, and 
the estimated amount for the current fiscal year and for the 
next two fiscal years, the debt authorized and unissued, the 
condition of the sinking funds, and the borrowing capacity.  It 
shall also contain any statements on the financial plan which 
the governor believes desirable or which may be required by the 
legislature.  The detailed estimates shall include the budget 
request of each agency arranged in tabular form so it may 
readily be compared with the governor's budget for each agency.  
They shall also include, as part of each agency's organization 
chart, a summary of the personnel employed by the agency, 
showing the complement approved by the legislature for the 
current biennium, additional complement positions authorized 
through the governor or the commissioner, positions transferred 
into or out of the agency, additional part-time and seasonal 
positions and the number of employees of all kinds employed by 
the agency on June 30 of the last complete fiscal year.  The 
summary of the number of employees must list employees by 
employment status, including but not limited to full-time 
unlimited, part-time unlimited, full-time or part-time seasonal, 
intermittent, full-time or part-time temporary, full-time or 
part-time emergency, and other.  The summary of personnel shall 
also be shown for each functional division of the agency, and 
for each fund and type of appropriation.  
    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.  
    Sec. 44.  Minnesota Statutes 1989 Supplement, section 
16A.133, subdivision 1, is amended to read: 
    Subdivision 1.  [PAYROLL DIRECT DEPOSIT AND DEDUCTIONS.] An 
agency head in the executive, judicial, and legislative 
branch may shall, upon written request 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 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 credit union or financial 
institution or more than one 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. 
    Sec. 45.  [16A.79] [MATCHING FEDERAL APPROPRIATIONS.] 
    Specific appropriations that are made to match federal 
appropriations shall be considered change requests in the 
following biennial budget submission if, during the biennium, 
the federal funding has been reduced or eliminated. 
    Sec. 46.  Minnesota Statutes 1989 Supplement, 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.  An agency or department head must consult with the 
chairs of the house appropriations and senate finance committees 
before entering into any agreement that would cause an agency's 
rental costs to increase by ten percent or more per square foot 
or would increase the number of square feet of office space 
rented by the agency by 25 percent or more in any fiscal year.  
    (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. 47.  Minnesota Statutes 1989 Supplement, section 
16B.465, subdivision 1, is amended to read: 
    Subdivision 1.  [CREATION.] The statewide 
telecommunications access routing system provides voice, data, 
video, and other telecommunications transmission services to 
state agencies, educational institutions, including private 
colleges, 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 except it may serve private 
colleges.  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. 
    Sec. 48.  [88.81] [FOREST MANAGEMENT PRACTICES IN 
LITIGATION.] 
    The commissioner may not implement new or revised forest 
management practices as part of agreements relating to 
litigation until the commissioner has reported the forest 
management practices to the chairs of the environment and 
natural resources committees of the legislature at the next 
regular session of the legislature. 
    Sec. 49.  Minnesota Statutes 1989 Supplement, section 
105.41, subdivision 5a, is amended to read: 
    Subd. 5a.  [WATER USE PROCESSING FEE.] (a) Except as 
provided in paragraph paragraphs (b) to (e), a water use 
processing fee not to exceed $2,000 must be prescribed by the 
commissioner in accordance with the following schedule of fees 
for each water use permit in force at any time during the year:  
    (1) 0.05 cent per 1,000 gallons for the first 50 million 
gallons per year; and 
    (2) 0.1 0.10 cents per 1,000 gallons for the amounts 
greater than 50 million gallons but less than 100 million 
gallons per year.; and 
    (3) 0.15 cents per 1,000 gallons for amounts greater than 
100 million gallons but less than 150 million gallons per year; 
and 
    (4) 0.20 cents per 1,000 gallons for amounts greater than 
150 million gallons but less than 200 million gallons per year; 
and 
    (5) 0.25 cents per 1,000 gallons for amounts greater than 
200 million gallons but less than 250 million gallons per year; 
and 
    (6) 0.30 cents per 1,000 gallons for amounts greater than 
250 million gallons but less than 300 million gallons per year; 
and 
    (7) 0.35 cents per 1,000 gallons for amounts greater than 
300 million gallons but less than 350 million gallons per year; 
and 
    (8) 0.40 cents per 1,000 gallons for amounts greater than 
350 million gallons but less than 400 million gallons per year; 
and 
    (9) 0.45 cents per 1,000 gallons for amounts greater than 
400 million gallons per year.  
    (b) For once-through cooling systems as defined in 
subdivision 1c, a water use processing fee must be prescribed by 
the commissioner in accordance with the following schedule of 
fees for each water use permit in force at any time during the 
year:  
    (1) for nonprofit corporations and school districts: 
    (i) 5.0 cents per 1,000 gallons until December 31, 1991; 
    (2) (ii) 10.0 cents for 1,000 gallons from January 1, 1992, 
until December 31, 1996; and 
    (3) (iii) 15.0 cents per 1,000 gallons after January 1, 
1997; and 
    (2) for all other users after January 1, 1990, 20 cents per 
1,000 gallons. 
    (c) The fee is payable based on the amount of water 
permitted appropriated during the year and in no case may the 
fee be less than $25 $50.  
    (d) For water use processing fees other than once-through 
cooling systems:  
    (1) the fee for a city of the first class may not exceed 
$175,000 per year; 
    (2) the fee for other entities for any permitted use may 
not exceed: 
    (i) $35,000 per year for an entity holding three or fewer 
permits; 
    (ii) $50,000 per year for an entity holding four or five 
permits; 
    (iii) $175,000 per year for an entity holding more than 
five permits; 
    (3) the fee for agricultural irrigation may not exceed $750 
per year.  
    (e) Failure to pay the fee is sufficient cause for revoking 
a permit.  A fee may not be imposed on an agency, as defined in 
section 16B.01, subdivision 2, or federal governmental agency 
holding a water appropriation permit. 
    (f) This subdivision applies to permits issued or effective 
on or after January 1, 1990. 
    Sec. 50.  Minnesota Statutes 1989 Supplement, section 
115A.54, subdivision 2a, is amended to read: 
    Subd. 2a.  [SOLID WASTE MANAGEMENT PROJECTS.] (a) The board 
shall provide technical and financial assistance for the 
acquisition and betterment of solid waste management projects as 
provided in this subdivision and section 115A.52.  Money 
appropriated for the purposes of this subdivision must be 
distributed as grants. 
    (b) Except as provided in paragraph (c), a project may 
receive grant assistance up to 25 percent of the capital cost of 
the project or $2,000,000, whichever is less, except that 
projects constructed as a result of intercounty cooperative 
agreements may receive (1) grant assistance up to 25 percent of 
the capital cost of the project; or (2) $2,000,000 times the 
number of participating counties, whichever is less.  
    (c) A recycling project or a project to compost or 
co-compost waste may receive grant assistance up to 50 percent 
of the capital cost of the project or $2,000,000, whichever is 
less, except that projects completed as a result of intercounty 
cooperative agreements may receive (1) grant assistance up to 50 
percent of the capital cost of the project; or (2) $2,000,000 
times the number of participating counties, whichever is less. 
    (d) Notwithstanding paragraph (e), the agency may award 
grants for transfer stations that will initially transfer waste 
to landfills if the transfer stations are part of a planned 
resource recovery project, the county where the planned resource 
recovery facility will be located has a comprehensive solid 
waste management plan approved by the agency, and the solid 
waste management plan proposes the development of the resource 
recovery facility.  If the proposed resource recovery facility 
is not in place and operating within five years of the date of 
the grant award, the recipient shall repay the grant amount to 
the state. 
     (e) Projects without resource recovery are not eligible for 
assistance. 
     (f) In addition to any assistance received under clause (b) 
or (c), a project may receive grant assistance for the cost of 
tests necessary to determine the appropriate pollution control 
equipment for the project or the environmental effects of the 
use of any product or material produced by the project. 
     (g) In addition to the application requirements of section 
115A.51, an application for a project serving eligible 
jurisdictions in only a single county must demonstrate that 
cooperation with jurisdictions in other counties to develop the 
project is not needed or not feasible.  Each application must 
also demonstrate that the project is not financially prudent 
without the state assistance, because of the applicant's 
financial capacity and the problems inherent in the waste 
management situation in the area, particularly transportation 
distances and limited waste supply and markets for resources 
recovered.  
    (h) For the purposes of this subdivision, a "project" means 
a processing facility, together with any transfer stations, 
transmission facilities, and other related and appurtenant 
facilities primarily serving the processing facility.  The board 
shall adopt rules for the program by July 1, 1985. 
    Sec. 51.  Minnesota Statutes 1988, section 116.36, 
subdivision 1, is amended to read:  
    Subdivision 1.  For the purposes of this section and 
section 116.37 sections 116.36 to 116.38, the following terms 
shall have the meanings given. 
    Sec. 52.  [116.38] [PCB BURNING.] 
    Subdivision 1.  [STATE POLICY.] The legislature finds that 
risks to human health must be adequately evaluated before a 
facility may burn PCBs.  The legislature also finds that if 
there is a risk to human health, all human health must be 
treated with equal concern, and facilities that cause risks to 
human health must not be allowed to operate in sparsely 
populated areas if they would not be allowed to operate in 
heavily populated areas. 
    Subd. 2.  [EIS REQUIRED.] The pollution control agency may 
not allow burning of wastes containing 50 ppm or greater PCBs by 
permit or otherwise unless an environmental impact statement is 
completed.  It may not renew a permit for burning wastes 
containing 50 ppm or greater PCBs until an environmental impact 
statement is completed.  This section does not apply to 
experimental burning of small quantities of waste containing 50 
ppm or greater PCBs. 
    Sec. 53.  Minnesota Statutes 1988, section 116.65, 
subdivision 3, is amended to read: 
    Subd. 3.  [APPROPRIATION.] The amount necessary to pay the 
inspection maintenance operator during the initial contract 
period for the contract entered into under section 116.62, 
subdivision 3, is appropriated from the vehicle emission 
inspection account to the agency.  By the end of the initial 
contract entered by the agency under section 116.62, subdivision 
3, the amounts appropriated from the motor vehicle transfer fund 
to the vehicle emission inspection account must be repaid to the 
transfer fund, and the amounts necessary for this repayment are 
appropriated from the vehicle emission inspection account. 
    Sec. 54.  Minnesota Statutes 1989 Supplement, section 
116.85, is amended to read: 
    116.85 [MONITORS REQUIRED FOR INCINERATORS.] 
    Subdivision 1.  [EMISSION MONITORS.] 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.  The 
facility must conduct periodic stack testing for mercury at 
intervals not to exceed 90 days.  Refuse-derived fuel facilities 
must conduct periodic stack testing for mercury at intervals not 
to exceed 15 months unless a previous test showed a permit 
exceedance after which the agency may require quarterly testing 
until permit requirements are satisfied. 
    Subd. 2.  [CONTINUOUSLY MONITORED EMISSIONS.] Should, at 
any time after normal startup, the permitted 
facility's continuously monitored 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.  Compliance with permit 
requirements must then be demonstrated based on additional 
testing. 
    Subd. 3.  [PERIODICALLY TESTED EMISSIONS.] Should, at any 
time after normal startup, the permitted facility's periodically 
tested emissions exceed permit requirements based on accurate 
and valid emissions data, the facility shall immediately report 
the exceedance to the commissioner, and the commissioner shall 
direct the facility to commence appropriate modifications to the 
facility to ensure its ability to meet permitted requirements 
within 30 days, or to commence appropriate testing for a maximum 
of 30 days to ensure compliance with applicable permit limits.  
If the commissioner determines that compliance has not been 
achieved after 30 days, then the facility shall shut down until 
compliance with permit requirements is demonstrated based on 
additional testing.  
     Subd. 4.  [OTHER LAW.] This section shall not be construed 
to limit the authority of the agency to regulate incinerator 
operations under any other law. 
    Sec. 55.  Minnesota Statutes 1988, section 116D.045, 
subdivision 3, is amended to read: 
    Subd. 3.  The responsible governmental unit shall assess 
the project proposer for reasonable costs in preparing and 
distributing the environmental impact statement and the proposer 
shall pay the assessed cost to the responsible governmental 
unit.  All money received pursuant to this subdivision shall be 
deposited in the general fund.  Money received under this 
subdivision by a responsible governmental unit that is not a 
state agency may be retained by the unit for the same purposes. 
Money received by a state agency must be credited to a special 
account and is appropriated to the agency to cover the assessed 
costs incurred. 
    Sec. 56.  Minnesota Statutes 1988, section 116P.05, is 
amended to read: 
    116P.05 [MINNESOTA FUTURE RESOURCES COMMISSION.] 
    (a) A Minnesota future resources commission of 16 members 
is created, consisting of the chairs of the house and senate 
committees on environment and natural resources or designees 
appointed for the terms of the chairs, the chairs of the house 
appropriations and senate finance committees or designees 
appointed for the terms of the chairs, six members of the senate 
appointed by the subcommittee on committees of the committee on 
rules and administration, and six members of the house appointed 
by the speaker.  The commission shall develop a budget plan for 
expenditures from the trust fund and shall adopt a strategic 
plan as provided in section 116P.08. 
    (b) The commission shall recommend expenditures to the 
legislature from the Minnesota future resources account under 
section 116P.13.  At least two members from the senate and two 
members from the house must be from the minority caucus.  
Members are entitled to reimbursement for per diem expenses plus 
travel expenses incurred in the services of the commission.  
    (c) Members shall appoint a chair who shall preside and 
convene meetings as often as necessary to conduct duties 
prescribed by this chapter. 
    (d) Members shall serve on the commission until their 
successors are appointed. 
    (e) Vacancies occurring on the commission shall not affect 
the authority of the remaining members of the commission to 
carry out their duties, and vacancies shall be filled in the 
same manner under paragraph (a). 
    (f) The commission may adopt bylaws and operating 
procedures to fulfill their duties under sections 116P.01 to 
116P.13. 
    Sec. 57.  Minnesota Statutes 1988, section 116P.11, is 
amended to read: 
    116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.] 
    (a) The amount biennially available from the trust fund for 
the budget plan developed by the commission consists of the 
interest earnings generated from the trust fund generated in the 
preceding two fiscal years ending on the even-numbered year.  
    (b) For funding projects through fiscal year 1997, the 
following additional amounts are available from the trust fund 
for the budget plans developed by the commission:  
    (1) for the 1991-1993 biennium, up to 25 percent of the 
revenue deposited in the trust fund in fiscal years 1989 1990 
and 1990 1991; 
    (2) for the 1993-1995 biennium, up to 20 percent of the 
revenue deposited in the trust fund in fiscal year 1991 and up 
to 15 percent of the revenue deposited in the fund in fiscal 
year 1992; and 
    (3) for the 1995-1997 biennium, up to ten percent of the 
revenue deposited in the fund in fiscal year 1993 and up to five 
percent of the revenue deposited in the fund in fiscal year 1994.
    (c) Any appropriated funds not encumbered in the biennium 
in which they are appropriated cancel and must be credited to 
the principal of the trust fund. 
    Sec. 58.  [116Q.01] [GREAT LAKES PROTECTION FUND.] 
    The Great Lakes protection fund has been created by the 
governors of the eight Great Lakes states as a nonprofit 
corporation under the laws of the state of Illinois.  The fund 
is a permanent endowment whose purpose is to advance the 
principles, goals, and objectives of the Great Lakes toxic 
substances control agreement executed by the governors of the 
eight Great Lakes states 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 this state as a member of the 
Great Lakes protection fund and do all things necessary or 
incidental to participate in the fund, as spelled out in its 
articles of incorporation, filed with the Illinois secretary of 
state on or about September 26, 1989, and its bylaws, as amended 
through September 26, 1989.  If congressional consent to the 
Great Lakes protection fund carries with it conditions that 
materially change the provisions agreed to by the party states, 
this state reserves the option to terminate further 
participation in the fund. 
    Sec. 59.  [116Q.02] [STATE RECEIPTS FROM THE FUND.] 
    Subdivision 1.  [GREAT LAKES PROTECTION ACCOUNT.] Any money 
received by the state from the Great Lakes protection fund, 
whether in the form of annual earnings or otherwise, must be 
deposited in the state treasury and credited to a special Great 
Lakes protection account.  Money in the account must be spent 
only as specifically appropriated by law for protecting water 
quality in the Great Lakes.  Approved purposes include, but are 
not limited to, supplementing in a stable and predictable manner 
state and federal commitments to Great Lakes water quality 
programs by providing grants to finance projects that advance 
the goals of the regional Great Lakes toxic substances control 
agreement and the binational Great Lakes water quality agreement.
    Subd. 2.  [LCMR REVIEW.] The legislature intends not to 
appropriate money from the Great Lakes protection account until 
projects have been reviewed and recommended by the legislative 
commission on Minnesota resources.  A work plan must be prepared 
for each project for review by the commission.  The commission 
must recommend specific projects to the legislature. 
    Sec. 60.  Minnesota Statutes 1988, section 190.08, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [EXECUTIVE DIRECTOR.] The adjutant general may 
appoint an executive director of the department of military 
affairs.  The executive director shall serve at the pleasure of 
the adjutant general. 
    Sec. 61.  Minnesota Statutes 1989 Supplement, 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 
    (1) land, and 
    (2) timber, growing crops, buildings, and other 
improvements, if any, situated upon the lands land, 
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 general 
fund.  The adjutant general may use funds that are directly 
appropriated for the acquisition of land, the payment of 
expenses of forest management on land forming the Camp Ripley 
military reservation, and the provision of an enlisted person's 
service center. 
    Sec. 62.  Minnesota Statutes 1989 Supplement, section 
270.064, is amended to read: 
    270.064 [REQUESTING ASSISTANCE IN CRIMINAL TAX 
INVESTIGATIONS.] 
    If the commissioner of revenue has reason to believe that a 
criminal violation of the state tax laws or chapter 349 has 
occurred, the commissioner may request the attorney general or 
the prosecuting authority of any county to assist in a criminal 
tax investigation and may disclose return information to the 
prosecuting authority relevant to the investigation. 
    Sec. 63.  Minnesota Statutes 1988, section 270.68, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LEGAL ACTION.] In addition to all other 
methods authorized by law for the collection of tax, if any tax 
payable to the commissioner of revenue or to the department of 
revenue, including penalties and interest thereon, is not paid 
within 60 days after it is required by law to be paid, the 
commissioner of revenue may, within five years after the date of 
assessment of the tax, bring an action at law against the person 
liable for the payment or collection of the tax, in the name of 
the state, for the recovery of the tax and interest and 
penalties due in respect thereof.  The action shall be brought 
in the district court of the judicial district in which lies the 
county of the residence or principal place of business within 
this state of the taxpayer, or, in the case of an estate or 
trust, of the place of its principal administration, and for 
this purpose the place named as such in the return, if any, made 
by the taxpayer shall be conclusive against the taxpayer in this 
matter.  If no place is named in the return, the action may be 
commenced in Ramsey county.  The action shall be commenced by 
filing with the court administrator a statement showing the name 
and address of the taxpayer, if known, an itemized summary of 
the taxable periods and the type of tax, the tax due and unpaid 
and the interest and penalties due with respect thereto under 
the provisions of law applicable to the tax, and shall contain a 
prayer that the court adjudge the taxpayer to be indebted on 
account of the taxes, interest, and penalties in the amount 
specified in the statement; a copy of the statement shall be 
furnished to the court administrator therewith.  The court 
administrator shall mail a copy of the statement by certified 
mail to the taxpayer at the address given in the return, if any; 
and, if no address is given, then at the taxpayer's last known 
address, within five days after the same is filed, except that, 
if the taxpayer's address is not known, notice shall be made by 
posting a copy of the statement for ten days in the place in the 
courthouse where public notices are regularly posted.  To 
litigate the claim, or any part thereof, the taxpayer shall file 
a verified answer with the court administrator setting forth 
objections to the claim, or any part thereof; the answer shall 
be filed on or before the 20th day after the date of mailing the 
statement; or, if notice has been given by posting, on or before 
the 20th day after the expiration of the period during which the 
notice was required to be posted.  If no answer is filed within 
the specified time, the court administrator, upon the filing of 
an affidavit of default, shall enter judgment for the state in 
the amount prayed for, plus costs of $10.  If an answer is 
filed, the issues raised shall stand for trial as soon as 
possible after the filing of the answer, and the court shall 
determine the issues and direct judgment accordingly; and, if 
the taxes, interest, or penalties are sustained to any extent 
over the amount rendered by the taxpayer, shall assess $10 costs 
against the taxpayer.  The court shall disregard all 
technicalities and matters of form not affecting the substantial 
merits.  The commissioner may call upon the county attorney or 
the attorney general to conduct the proceedings on behalf of the 
state.  If a proceeding is referred to a county attorney, and 
the county attorney fails to issue or cause to be issued an 
indictment or criminal complaint within 30 days after the 
referral by the commissioner, the attorney general may conduct 
the proceeding.  Execution shall be issued upon the judgment at 
the request of the commissioner, and the execution shall, in all 
other respects, be governed by the laws applicable to executions 
issued on judgments.  Only the homestead and household goods of 
the judgment debtor shall be exempt from seizure and sale upon 
the execution.  
    Sec. 64.  Minnesota Statutes 1988, section 282.014, is 
amended to read: 
    282.014 [COMPLETION OF SALE AND CONVEYANCE.] 
    Upon compliance by the purchaser with the provisions of 
sections 282.011 to 282.015 this chapter and with the terms and 
conditions of the sale, and upon full payment for the land, plus 
a $20 $25 fee in addition to the sale price, the sale shall be 
complete and a conveyance of the land shall be issued to the 
purchaser as provided by the appropriate statutes according to 
the status of the land upon forfeiture. 
    The conveyance must be forwarded to the county recorder who 
shall record the conveyance before the auditor issues it to the 
purchaser. 
    Sec. 65.  Minnesota Statutes 1988, section 296.06, 
subdivision 2, is amended to read: 
    Subd. 2.  [REQUIREMENTS FOR ISSUANCE.] A distributor's 
license shall be issued to any responsible person qualifying as 
a distributor who makes application therefor, and who shall pay 
to the commissioner at the time thereof and annually thereafter 
a license fee of $10 $25, and who shall further comply with the 
following conditions: 
    (1) A written application shall be made in a manner 
approved by the commissioner, who shall require the applicant or 
licensee to deposit with the state treasurer securities of the 
United States government or the state of Minnesota or to execute 
and file a bond, with a corporate surety approved by the 
commissioner, to the state of Minnesota in an amount to be 
determined by the commissioner and in a form to be fixed by the 
commissioner and approved by the attorney general, and which 
shall be conditioned for the payment when due of all excise 
taxes, inspection fees, penalties, and accrued interest arising 
in the ordinary course of business or by reason of any 
delinquent money which may be due the state of Minnesota; the 
bond shall cover all places of business within the state where 
petroleum products are received by the licensee; and the 
applicant or licensee shall designate and maintain an agent in 
this state upon whom service may be had for all purposes of this 
section.  
    (2) An initial applicant for a distributor's license shall 
furnish a bond in a minimum sum of $3,000 for the first year; 
    (3) The commissioner, on reaching the opinion that the bond 
given by a licensee is inadequate in amount to fully protect the 
state, shall require an additional bond in such amount as the 
commissioner deems sufficient; 
    (4) A licensee who desires to be exempt from depositing 
securities or furnishing such bond, as hereinbefore provided 
shall furnish an itemized financial statement showing the assets 
and the liabilities of the applicant and if it shall appear to 
the commissioner, from the financial statement or otherwise, 
that the applicant is financially responsible, then the 
commissioner may exempt such applicant from depositing such 
securities or furnishing such bond until the commissioner 
otherwise orders.  
    (5) The premium on any bond required under clauses (1) and 
(2), and on any additional bond required under clause (3), shall 
be paid by the commissioner out of a bond premium fund required 
to be set up from an appropriation by the legislature from 
whatever funds are available.  All of said bonds required during 
each license period shall be purchased by the commissioner of 
administration from the lowest responsible bidder after 
advertising for competitive bids in the manner prescribed by 
Laws 1939, chapter 431, article II, as amended.  The 
commissioner of administration shall call for bids within a 
reasonable period prior to the commencement of license period.  
    (6) Each license period shall be for one year ending each 
June 30.  
     (7) Upon application to the commissioner and compliance by 
the applicant with the provisions of this subdivision, the 
commissioner also shall issue a distributor's license to (a) any 
person engaged in this state in the bulk storage of petroleum 
products and the distribution thereof by tank car or tank truck 
or both, and (b) any person holding an unrevoked license as a 
distributor since January 1, 1947, and (c) any person holding a 
license and performing a function under the motor fuel tax law 
of an adjoining state equivalent to that of a distributor under 
this act, who desires to ship or deliver petroleum products from 
that state to persons in this state not licensed as distributors 
in this state and who agrees to assume with respect to all 
petroleum products so shipped or delivered the liabilities of a 
distributor receiving petroleum products in this state, 
provided, however, that any such license shall be issued only 
for the purpose of permitting such person to receive in this 
state the petroleum products so shipped or delivered.  Except as 
herein provided, all persons licensed as distributors under this 
clause shall have the same rights and privileges and be subject 
to the same duties, requirements and penalties as other licensed 
distributors. 
    Sec. 66.  Minnesota Statutes 1988, section 296.12, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SPECIAL FUEL DEALERS' LICENSE 
REQUIREMENTS.] No person except a licensed distributor shall 
engage in the business of selling or delivering special fuel as 
a special fuel dealer without having applied for and secured 
from the commissioner a special fuel dealer's license.  The 
application shall be made in a manner approved by the 
commissioner and shall be accompanied by the payment of $10 $25, 
which shall be the license fee.  A special fuel dealer's license 
shall be issued to any responsible person qualifying as a 
special fuel dealer who makes proper application therefor.  The 
license shall be displayed in a conspicuous manner in the place 
of business and shall expire annually on November 30.  
    A special fuel dealer who discontinues, sells or disposes 
of the business in any manner, at any time, shall surrender the 
dealer's special fuel dealer's license at the commissioner's 
office in St. Paul, Minnesota.  
    Sec. 67.  Minnesota Statutes 1988, section 296.12, 
subdivision 2, is amended to read: 
    Subd. 2.  [BULK PURCHASERS' LICENSE REQUIREMENTS.] No 
person shall receive special fuel as a bulk purchaser without 
having applied for and secured from the commissioner a bulk 
purchaser's license.  The application shall be made in a manner 
approved by the commissioner and shall be accompanied by the 
payment of $10 $25, which shall be the license fee.  A bulk 
purchaser's license shall be issued to any responsible person 
qualifying as a bulk purchaser who makes proper application 
therefor.  The license shall be displayed in a conspicuous 
manner in the place of business and shall expire annually on 
November 30.  
    A bulk purchaser who discontinues, sells or disposes of the 
business in any manner, at any time, shall surrender the bulk 
purchaser's license at the commissioner's office in St. Paul, 
Minnesota. 
    Sec. 68.  Minnesota Statutes 1988, section 296.17, 
subdivision 10, is amended to read: 
    Subd. 10.  [LICENSE.] (a) No motor carrier may operate a 
commercial motor vehicle upon the highways of this state unless 
and until issued a license pursuant to this section or has 
obtained a trip permit or temporary authorization as provided in 
this section. 
    (b) A license shall be issued to any responsible person 
qualifying as a motor carrier who makes application therefor and 
who pays to the commissioner, at the time thereof, a license fee 
of $20 $30.  The license is valid for a period of up to two 
years or until revoked by the commissioner or until surrendered 
by the motor carrier.  All outstanding licenses will expire on 
March 31 of each even-numbered year beginning with 1984 and may 
be renewed upon application to the commissioner and payment of 
the $20 $30 fee.  The license, photocopy, or electrostatic copy 
of it, shall be carried in the cab of every commercial motor 
vehicle while it is being operated in Minnesota by a licensed 
motor carrier. 
    Sec. 69.  Minnesota Statutes 1988, section 296.17, 
subdivision 17, is amended to read: 
    Subd. 17.  [TRIP PERMITS AND TEMPORARY AUTHORIZATIONS.] (a) 
A motor carrier may obtain a trip permit which shall authorize 
an unlicensed motor carrier to operate a commercial motor 
vehicle in Minnesota for a period of five consecutive days 
beginning and ending on the dates specified on the face of the 
permit.  The fee for the permit shall be $15 $25.  Fees for trip 
permits shall be in lieu of the road tax otherwise assessable 
against the motor carrier on account of the commercial motor 
vehicle operating therewith, and no reports of mileage shall be 
required with respect to the vehicle. 
    The above permit shall be issued in lieu of license if in 
the course of operations a motor carrier operates on Minnesota 
highways no more than three times in any one calendar year. 
    (b) Whenever the commissioner is satisfied that unforeseen 
or uncertain circumstances have arisen which requires a motor 
carrier to operate in this state a commercial motor vehicle for 
which neither a trip permit pursuant to clause (a) of this 
subdivision nor a license pursuant to subdivisions 7 to 22 has 
yet been obtained, and if the commissioner is satisfied that 
prohibition of that operation would cause undue hardship, the 
commissioner may provide the motor carrier with temporary 
authorization for the operation of the vehicle.  A motor carrier 
receiving temporary authorization pursuant to this subdivision 
shall perfect the same either by obtaining a trip permit or a 
license, as the case may be, for the vehicle at the earliest 
practicable time. 
    Sec. 70.  Minnesota Statutes 1988, section 349.22, 
subdivision 2, is amended to read: 
    Subd. 2.  [OTHER ACTION.] This section does not preclude 
civil or criminal actions under other applicable law or preclude 
any agency of government from investigating or prosecuting 
violations of the provisions of sections 349.11 to 349.214.  
County attorneys and the attorney general have primary joint 
responsibility for prosecuting violations of sections 349.11 to 
349.214, but and the attorney general may prosecute any 
violation of those sections.  If the county attorney fails to 
initiate the prosecution within 30 days, the attorney general 
may initiate prosecution. 
    Sec. 71.  Minnesota Statutes 1988, section 349.36, is 
amended to read: 
    349.36 [DUTIES OF COUNTY ATTORNEY OR ATTORNEY GENERAL.] 
    The county attorney of the county in which the hearing is 
held or the attorney general shall attend the hearing, 
interrogate the witnesses, and advise the issuing authority.  
The county attorney or the attorney general shall also appear 
for the issuing authority on any appeal taken pursuant to the 
provisions of section 349.39. 
    Sec. 72.  Minnesota Statutes 1989 Supplement, 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 
$55, except that in an action for marriage dissolution, the fee 
is $75 $85. 
    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 $55, except that in an action for marriage 
dissolution, the fee for the respondent is $75 $85. 
    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. 73.  Minnesota Statutes 1989 Supplement, section 
357.022, is amended to read: 
    357.022 [CONCILIATION COURT FEE.] 
    The court administrator in every county shall charge and 
collect a filing fee of $10 $13 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. 74.  Minnesota Statutes 1989 Supplement, 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 $150 $200 to the clerk of the appellate courts.  An 
additional filing fee of $50 $100 shall be required for a 
petition for accelerated review by the supreme court.  A filing 
fee of $150 $200 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 $200 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 $100 
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. 75.  Minnesota Statutes 1988, section 480A.01, 
subdivision 3, is amended to read: 
    Subd. 3.  [ESTABLISHING NUMBER OF JUDGES.] By January 15, 
1985, the state court administrator shall certify to the 
governor, the president of the senate, and the speaker of the 
house of representatives, the number of appeals filed in the 
court of appeals in 1984.  By January 15, 1987, and every two 
years thereafter of the odd year, the state court administrator 
shall certify to the governor, the president of the senate, and 
the speaker of the house of representatives the average number 
of appeals filed in the court of appeals in each of the 
preceding two calendar years.  Effective on the following July 
1, the normal number of judges of the court of appeals shall be 
one judge for every 100 cases in that average.  If this normal 
number increases the number of judges, new judges shall be 
appointed on or after July 1.  If this normal number decreases 
the number of judges, the incumbent judges shall nevertheless 
continue to serve and to be eligible for reelection, but the 
first vacancies arising in at-large seats on the court shall not 
be filled, until the normal number of judges is reached.  
    Sec. 76.  Laws 1989, chapter 335, article 1, section 28, is 
amended to read: 
     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. 
 Up to $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. 77.  Laws 1989, chapter 335, article 4, section 109, 
subdivision 1, is amended to read: 
    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. 
    Sec. 78.  [REENACTMENT.] 
    As provided in Minnesota Statutes, section 645.36, 
Minnesota Statutes, section 84.0911, subdivisions 1 and 3 are 
reenacted. 
    Sec. 79.  [INCREASE IN FEES FOR LICENSES AND PERMITS FOR 
UTILITIES.] 
    Effective July 1, 1990, the fees in Minnesota Rules, parts 
6135.0400 to 6135.0800, adopted pursuant to Minnesota Statutes, 
section 84.415, subdivisions 1 and 5, are to be increased to an 
amount equal to the original fee schedule escalated due to 
inflation from the date the original fee schedule was adopted to 
July 1, 1990.  The basis of escalation shall be the wholesale 
price index for all commodities.  Notwithstanding the rulemaking 
requirements of section 84.415, subdivision 1, the revised rates 
shall be published in the State Register prior to becoming 
effective. 
    Sec. 80.  [CANCELLATION OF APPROPRIATION.] 
    The following appropriations are canceled. 
    (a) $30,000 the first year and $30,000 the second year made 
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 to be accomplished 
in consultation with Aitkin Growth, Inc., in Laws 1989, chapter 
335, article 1, section 21, subdivision 7 and is reappropriated 
to the commissioner for wild rice management in public waters. 
    (b) $50,000 the first year and $50,000 the second year made 
available for a grant to Aitkin Growth, Inc., for the 
development of projects for added value to wild rice and other 
grains, in Laws 1989, chapter 335, article 1, section 21, 
subdivision 7, is canceled.  
    Sec. 81.  [REPEALER.] 
    Minnesota Statutes 1989 Supplement, section 480.241; and 
Laws 1989, chapter 303, section 10, are repealed.  
    Sec. 82.  [EFFECTIVE DATE.] 
    This article is effective the day following final 
enactment, except as follows: 
    Section 53 is effective March 1, 1990. 
    Section 55 applies to fees collected on and after March 1, 
1990. 
    Sections 65, 66, 67, and 68 are effective for license 
applications filed on or after July 1, 1990.  
    Section 69 is effective for permit applications filed on or 
after July 1, 1990. 
    Sections 77 and 78 are retroactive to July 1, 1989. 

                               ARTICLE 2

                            JUDICIAL SYSTEM
    Section 1.  Minnesota Statutes 1989 Supplement, 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, all judges of all 
courts of law, district court referees, judicial officers, court 
reporters, law clerks, district administration employees under 
section 484.68, court administrator or employee of the court and 
guardian ad litem program employees in the eighth judicial 
district, 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 480.181, subdivision 2.  
    Sec. 2.  Minnesota Statutes 1989 Supplement, 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 that is not 
in the second or fourth judicial district; a court administrator 
or employee of the court administrator in the eighth judicial 
district, and a guardian ad litem program administrator in the 
eighth 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. 3.  [484.75] [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, other than district 
administration employees in the second or fourth judicial 
district, unless the increase is approved by the supreme court.  
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 five 
percent.  New positions created after January 30, 1989, must be 
reflected as change requests in the biennial budget process when 
these functions are taken over by the state.  Salary limits do 
not apply to employees covered by chapter 179A. 

                                ARTICLE 3

                           FUND CONSOLIDATION 
    Section 1.  Minnesota Statutes 1989 Supplement, section 
16B.28, subdivision 3, is amended to read: 
    Subd. 3.  [REVOLVING FUND DEPOSIT OF RECEIPTS.] (a)  
[CREATION.] The materials distribution revolving fund is a 
separate fund in the state treasury.  All money relating to the 
resource recovery program established under section 115A.15, 
subdivision 1, All money resulting from the acquisition, 
acceptance, warehousing, distribution, and public sale of 
surplus property, must be deposited in the fund.  All money 
resulting from the sale of centrally acquired, warehoused, and 
distributed supplies, materials, and equipment, and all money 
relating to the cooperative purchasing venture established under 
section 471.59 must be deposited in the fund.  Money paid into 
the materials distribution revolving fund is appropriated to the 
commissioner for the purposes of the programs and services 
referred to in this section.  
    (b) [TRANSFER OR SALE TO STATE AGENCY.] When the state or 
an agency operating under a legislative appropriation obtains 
surplus property from the commissioner, the commissioner of 
finance must, at the commissioner's request, transfer the cost 
of the surplus property, including any expenses of acquiring, 
accepting, warehousing, and distributing the surplus property, 
from the appropriation of the state agency receiving the surplus 
property to the materials distribution revolving fund.  The 
determination of the commissioner is final as to the cost of the 
surplus property to the state agency receiving the property.  
    (c) [TRANSFER OR SALE TO OTHER GOVERNMENTAL UNITS OR 
NONPROFIT ORGANIZATIONS.] When any governmental unit or 
nonprofit organization other than a state agency receives 
surplus property, supplies, materials, or equipment from the 
commissioner, the governmental unit or nonprofit organization 
must reimburse the materials distribution revolving fund for the 
cost of the property, including the expenses of acquiring, 
accepting, warehousing, and distributing it, in an amount the 
commissioner sets.  The commissioner may, however, require the 
governmental unit or nonprofit organization to deposit in 
advance in the materials distribution revolving fund the cost of 
the surplus property, supplies, materials, and equipment upon 
mutually agreeable terms and conditions.  The commissioner may 
charge a fee to political subdivisions and nonprofit 
organizations to establish their eligibility for receiving the 
property and to pay for costs of storage and distribution.  
    Sec. 2.  Minnesota Statutes 1989 Supplement, section 
41A.05, subdivision 1, is amended to read: 
    Subdivision 1.  [ESTABLISHMENT OF ACCOUNT.] The Minnesota 
agricultural and economic development account is established in 
the special revenue fund and may be invested separately from all 
other funds of the state by the state board of investment.  All 
money appropriated to the account, and all guaranty fees, retail 
sales taxes, property tax increments, and other money from any 
source which may be credited to the account and 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 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. 3.  Minnesota Statutes 1989 Supplement, section 
85.205, is amended to read: 
    85.205 [RECEPTACLES FOR RECYCLING.] 
    The commissioner of natural resources must provide 
recycling conveniences at all state parks. 
    (a) State park managers must provide and maintain adequate 
receptacles for collection of food containers for recycling in 
all state parks. 
    (b) Appropriate recycling information must be available to 
all state park visitors.  
    (c) State park managers must post a notice of recycling 
availability at appropriate locations within each state park. 
    (d) State park managers must where practicable recycle the 
gathered recyclable materials, provide for the local unit of 
government to recycle the gathered materials, or contract with 
private nonprofit groups for recycling. 
    (e) Money collected by state park managers for recycling 
must be deposited in the state treasury and credited to the 
state park maintenance and operation account general fund. 
    Sec. 4.  Minnesota Statutes 1988, section 89.58, is amended 
to read: 
    89.58 [FOREST PEST CONTROL FUND ACCOUNT.] 
    All money collected under the provisions of sections 89.51 
to 89.61 together with such money as may be appropriated by the 
legislature or allocated by the legislative advisory commission 
for the purposes of sections 89.51 to 89.61, and such money as 
may be contributed or paid by the federal government, or any 
other public or private agency, organization or individual, 
shall be deposited in the state treasury, to the credit of the 
forest pest control fund account, which fund account is hereby 
created, and any moneys therein are appropriated to the 
commissioner for use in carrying out the purposes hereof. 
    Sec. 5.  Minnesota Statutes 1988, section 115A.15, 
subdivision 6, is amended to read: 
    Subd. 6.  [USE OF MATERIALS DISTRIBUTION REVOLVING FUND 
FUNDS.] All funds appropriated by the state for the resource 
recovery program, all revenues resulting from the sale of 
recyclable and reusable commodities made available for sale as a 
result of the resource recovery program and all reimbursements 
to the commissioner of expenses incurred by the commissioner in 
developing and administering resource recovery systems for state 
agencies, governmental units, and nonprofit organizations must 
be deposited in the materials distribution revolving fund 
created in section 16B.28.  The fund may be used for all 
activities associated with the program including payment of 
administrative and operating costs general fund.  The 
commissioner shall determine the waste disposal cost savings 
associated with recycling and reuse activities, collect those 
savings from the account responsible for disposing of wastes 
produced in state buildings, and credit the savings to 
the materials distribution revolving general fund. 
    Sec. 6.  Minnesota Statutes 1988, section 176B.02, is 
amended to read: 
    176B.02 [PEACE OFFICERS BENEFIT FUND ACCOUNT.] 
    There is hereby created in the state treasury an account to 
be known as peace officers benefit fund account.  Funds in the 
peace officers benefit fund account shall consist of money 
appropriated to that fund account.  The administrator of 
the fund account is the commissioner of employee relations, who 
shall follow the procedures specified in section 176.541, 
subdivisions 2, 3, and 4. 
    Sec. 7.  Minnesota Statutes 1988, section 176B.04, is 
amended to read: 
    176B.04 [DISBURSEMENTS.] 
    Upon certification to the governor by the administrator of 
the fund account that a peace officer employed by a state or 
governmental subdivision within this state has been killed in 
the line of duty, leaving a spouse or one or more eligible 
dependents, the commissioner of finance shall, subject to the 
approval of the workers' compensation court of appeals, pay 
$100,000 as follows: 
    (a) if there is no dependent child, to the spouse; 
    (b) if there is no spouse, to the dependent child or 
children in equal shares; 
    (c) if there are both a spouse and one or more dependent 
children, one-half to the spouse and one-half to the child or 
children, in equal shares; 
    (d) if there is no surviving spouse or dependent child or 
children, to the parent or parents dependent for support on the 
decedent, in equal shares; 
    (e) if there is no surviving spouse or dependent child, 
children or parent, then there shall be no payment made from the 
peace officers benefit fund account.  
    "Killed in the line of duty" does not include deaths from 
natural causes or deaths that occur during employment for a 
private employer other than an independent nonprofit 
firefighting corporation. 
    Sec. 8.  Minnesota Statutes 1988, section 201.023, is 
amended to read: 
    201.023 [VOTER REGISTRATION ACCOUNT.] 
    The voter registration account is established as an account 
in the state treasury.  Amounts received by the secretary of 
state to pay the cost of producing lists of registered voters 
under section 201.091, subdivision 5, by the statewide 
computerized registration system must be deposited in the state 
treasury and credited to the voter registration account.  Money 
in the voter registration account is continually appropriated to 
the secretary of state to produce lists of registered voters 
under section 201.091, subdivision 5 general fund. 
    Sec. 9.  Minnesota Statutes 1988, section 243.48, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL SEARCHES.] The commissioner of 
corrections, the governor, lieutenant governor, members of the 
legislature, state officers, and the corrections ombudsman, may 
visit the inmates at pleasure, but no other persons without 
permission of the chief executive officer of the facility, under 
rules prescribed by the commissioner.  A moderate fee may be 
required of visitors, other than those allowed to visit at 
pleasure.  All fees so collected shall be reported and remitted 
to the state treasurer under rules as the commissioner may deem 
proper, and when so remitted shall be placed to the credit of 
the current expense fund of the facility general fund. 
    Sec. 10.  Minnesota Statutes 1988, section 268.677, 
subdivision 2, is amended to read: 
    Subd. 2.  Reimbursement to the commissioner for the costs 
of administering wage subsidies must not exceed one-half percent 
of the money appropriated.  Reimbursements must be deposited in 
the general fund.  Reimbursement to an eligible local service 
unit for the costs of administering wage subsidies must not 
exceed five percent and for the purchase of supplies and 
materials necessary to create permanent improvements to public 
property must not exceed one percent of the money allocated to 
that local service unit.  The commissioner and the eligible 
local service units shall reallocate money from other sources to 
cover the costs of administering wage subsidies whenever 
possible.  
    Sec. 11.  Minnesota Statutes 1988, section 268.681, 
subdivision 3, is amended to read: 
    Subd. 3.  [PAYBACK.] A business receiving wage subsidies 
shall repay 70 percent of the amount initially received for each 
eligible job applicant employed, if the employee does not 
continue in the employment of the business beyond the six-month 
subsidized period.  If the employee continues in the employment 
of the business for one year or longer after the six-month 
subsidized period, the business need not repay any of the funds 
received for that employee's wages.  If the employee continues 
in the employment of the business for a period of less than one 
year after the expiration of the six-month subsidized period, 
the business shall receive a proportional reduction in the 
amount it must repay.  If an employer dismisses an employee for 
good cause and works in good faith with the eligible local 
service unit or its contractor to employ and train another 
person referred by the eligible local service unit or its 
contractor, the payback formula shall apply as if the original 
person had continued in employment.  
    A repayment schedule shall be negotiated and agreed to by 
the eligible local service unit and the business prior to the 
disbursement of the funds and is subject to renegotiation.  The 
eligible local service unit shall forward 25 percent of the 
payments received under this subdivision to the commissioner on 
a monthly basis and shall retain the remaining 75 percent for 
local program expenditures.  Notwithstanding section 268.677, 
subdivision 2, the local service unit may use up to 20 percent 
of its share of the funds returned under this subdivision for 
any administrative costs associated with the collection of the 
funds under this subdivision.  At least 80 percent of the local 
service unit's share of the funds returned under this 
subdivision must be used as provided in section 268.677.  The 
commissioner shall deposit payments forwarded to the 
commissioner under this subdivision in the Minnesota wage 
subsidy account created by subdivision 4 general fund.  
    Sec. 12.  Minnesota Statutes 1988, section 297.03, 
subdivision 5a, is amended to read: 
    Subd. 5a.  [REVOLVING ACCOUNT DEPOSIT OF PROCEEDS.] A heat 
applied cigarette tax stamp revolving account is created.  The 
commissioner shall use the amounts in this fund appropriated by 
law to purchase heat applied stamps for resale.  The 
commissioner shall charge the purchasers for the costs of the 
stamps along with the tax value plus shipping costs.  The costs 
recovered along with shipping costs must be deposited into this 
revolving account and are available to the commissioner for 
further purchases and shipping costs the general fund.  The 
revolving account must be funded by reducing the stamping 
discounts allowed in subdivision 5 for the first three months of 
fiscal year 1989.  The stamping discounts are 0.75 percent of 
the face amount of any stamps purchased in the first three 
months for the first $1,500,000 of the stamps and 0.50 percent 
on the remainder of the stamps purchased. 
    At the end of each of the first three months of fiscal year 
1989, the commissioner shall notify the commissioner of finance 
of the amount of reduced stamping discounts that have accrued to 
the tobacco tax revenue fund.  The commissioner of finance shall 
then transfer the amounts to the heat applied cigarette tax 
stamp revolving account from the tobacco tax revenue fund. 
    Sec. 13.  Minnesota Statutes 1988, section 326.75, 
subdivision 4, is amended to read: 
    Subd. 4.  [DEPOSIT OF FEES.] Fees collected under this 
section shall be deposited in the asbestos abatement revolving 
fund created by section 326.82 general fund. 
    Sec. 14.  Minnesota Statutes 1988, section 349.52, 
subdivision 3, is amended to read: 
    Subd. 3.  [VIDEO GAMING LICENSE ACCOUNT.] (a) Fees 
collected by the commissioner under sections 349.50 to 349.60 
must be deposited in the state treasury in a special account to 
be known as the "video gaming license account."  Money in the 
account is appropriated to the commissioner for distribution 
under paragraph (b) the general fund. 
    (b) The operator shall, by January 31 of each year, certify 
to the commissioner the number of video games of chance located 
in each city, and in each county outside of incorporated areas, 
on December 31 of the previous year.  Within 15 days of 
receiving this certification the commissioner shall pay from the 
video gaming license account amounts appropriated to the 
commissioner to each city and county $30 for each video game of 
chance located in the city or in the county outside city 
limits.  After making these payments the commissioner shall 
transfer the unexpended balance in the account to the general 
fund.  
    Sec. 15.  [REPEALER.] 
    Minnesota Statutes 1988, sections 85.30; 268.681, 
subdivision 4; and 326.82, are repealed. 
    Sec. 16.  [INSTRUCTION TO REVISOR.] 
    In the next edition of Minnesota Statutes, the revisor 
shall change the references in column A to those in Column B. 

     Section                     A               B
     326.70                   326.82          326.81
     326.71, subdivision 1    326.82          326.81
     326.76                   326.82          326.81
     326.78, subdivision 1    326.82          326.81
     326.79                   326.82          326.81
     326.80                   326.82          326.81
     326.81                   326.82          326.81
    Sec. 17.  [EFFECTIVE DATE.] 
    This article is effective July 1, 1991. 
    Presented to the governor April 28, 1990 
    Signed by the governor May 8, 1990, 9:13 p.m.