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                         Laws of Minnesota 1984 

                        CHAPTER 654-H.F.No. 2317 
           An act relating to the organization and operation of 
          state government; clarifying, providing for 
          deficiencies in, and supplementing appropriations for 
          the expenses of state government with certain 
          conditions; creating and modifying agencies and 
          functions; fixing and limiting fees; requiring studies 
          and reports; appropriating money; amending Minnesota 
          Statutes 1982, sections 3.099, subdivision 2; 3.3005; 
          3.351; 10.12; 10.14; 10.15; 11A.08, subdivision 3; 
          15.0597, subdivision 1; 16.02, by adding a 
          subdivision; 16.026, subdivisions 3 and 7; 16.081; 
          16.80, subdivision 1; 16A.04, subdivisions 1 and 4; 
          16A.06; 16A.065; 16A.125, subdivision 6; 16A.13, 
          subdivisions 1 and 2; 16A.131, subdivision 1; 16A.14, 
          subdivision 2; 16A.28; 16A.45; 17.03, by adding a 
          subdivision; 17A.03, by adding subdivisions; 17A.04, 
          subdivisions 1, 6, 7, and 8; 17A.05; 17A.07; 17A.10; 
          17A.11; 17A.12; 43A.27, by adding a subdivision; 
          43A.30, by adding a subdivision; 84.085; 84A.53; 
          84A.54; 84A.55, subdivision 9; 84B.03, by adding a 
          subdivision; 94.16; 116J.19, subdivision 13; 116J.36, 
          as amended; 116J.88, by adding a subdivision; 116J.89, 
          by adding a subdivision; 117.195, subdivision 1; 
          117.232, subdivision 1; 125.031; 136.11, subdivisions 
          2 and 7; 136.506; 136.55, subdivision 2; 136A.02, 
          subdivision 1a; 136A.32, subdivision 7; 136A.81, 
          subdivision 1; 138.025, subdivision 11; 144.414; 
          155A.06, subdivision 1; 158.07; 158.08; 161.173; 
          161.174; 161.242, subdivisions 3 and 4; 161.31, 
          subdivision 1; 168.27, subdivisions 2 and 3; 168.33, 
          subdivision 2; 169.966, subdivision 1a, and by adding 
          a subdivision; 174.22, subdivisions 5, 10, 13, and by 
          adding a subdivision; 174.23, subdivisions 2 and 4; 
          174.24, subdivisions 1, 2, and 5; 174.265, subdivision 
          3; 179.741, subdivision 2; 214.001, subdivision 2; 
          214.13, subdivisions 1, 2, 3, and 5; 221.295; 239.10; 
          241.66, subdivision 2; 245.811; 256.851; 256D.02, 
          subdivisions 6, 8, and by adding a subdivision; 
          256D.06, subdivision 3; 256D.15; 256E.03, subdivision 
          2; 256E.07, subdivision 1, and by adding subdivisions; 
          296.13; 299D.03, subdivision 2; 299F.63, by adding a 
          subdivision; 325F.20, subdivision 1; 329.099; 340.11, 
          subdivision 11a; 345.47, subdivision 1, and by adding 
          a subdivision; 345.525; 352.01, subdivision 2A; 
          352E.02; 352E.04; 359.01; 398.09; 462A.05, subdivision 
          20; 473.121, subdivisions 7, 10, 16, 18, 19, and by 
          adding subdivisions; 473.146, subdivisions 3 and 4; 
          473.164; 473.167, subdivision 1; 473.168, subdivision 
          2; 473.181, subdivision 3; 473.223; 473.404; 473.405; 
          473.409; 473.411; 473.416; 473.435; 473.436, by adding 
          a subdivision; 473.445; 473.446, subdivision 2a, and 
          by adding subdivisions; 473.449; 484.545, subdivision 
          1; Minnesota Statutes 1983 Supplement, sections 
          3.3026, subdivision 5; 10A.01, subdivision 18; 10A.04, 
          subdivision 4; 15A.081, subdivisions 1, 6, and 7; 
          15A.082; 15A.083, subdivision 1; 16.083; 16.28, 
          subdivision 2; 16A.125, subdivision 5; 16A.127, 
          subdivision 1; 16A.36; 17A.06, subdivision 3; 38.02, 
          subdivision 1; 43A.04, subdivision 8; 85.40, 
          subdivision 5; 85.41, subdivisions 3, 4, and 5; 
          116J.09; 116J.18, subdivision 1; 116J.31; 116J.70, 
          subdivision 2a; 116J.90, by adding a subdivision; 
          116J.91, subdivision 4; 135A.03, subdivisions 1, 3, 
          and 4; 136.144; 136A.121, subdivision 2; 136A.26; 
          144.651, subdivision 9; 161.43; 161.44, subdivision 
          6a; 169.81, subdivision 2; 174.24, subdivision 3; 
          179.70, subdivision 1; 179.7411; 180.03, subdivision 
          2; 214.06, subdivision 1; 214.13, subdivision 4; 
          221.041, by adding a subdivision; 221.071, subdivision 
          1; 240.06, subdivision 7; 256.01, subdivision 2; 
          256.737; 256B.501, subdivision 10; 256D.01, 
          subdivision 1; 256D.03, subdivision 4; 256D.111, 
          subdivisions 1, 2, 5, and by adding a subdivision; 
          256D.112; 268.672, subdivision 6; 268.673, subdivision 
          5; 268.675; 268.676, subdivisions 1 and 2; 268.677; 
          268.685; 268.686; 268.80; 268.81; 297B.09; 298.296, 
          subdivision 1; 352D.02, subdivision 1; 357.021, 
          subdivision 2a; 462A.07, subdivision 15; 473.436, 
          subdivision 6; 486.06; 517.08, subdivision 1c; 
          609.855, subdivisions 1 and 2; Laws 1983, chapter 199, 
          section 17, subdivision 2; chapter 290, section 172; 
          chapter 293, sections 1; 2, subdivisions 2, 8, and 9; 
          4, subdivisions 1 and 3; 5; and 6; chapter 301, 
          sections 38, 39, 40, 41, and 42; proposing new law 
          coded in Minnesota Statutes, chapters 13, 15, 17A, 84, 
          84A, 94, 115A, 116J, 136, 174, 190, 214, 221, 246, 
          256B, 268, 349, 473; proposing new law coded as 
          Minnesota Statutes, chapters 16B; 40A; 44A; and 494; 
          repealing Minnesota Statutes 1982, sections 10.13; 
          16A.132; 16A.51; 16A.59; 16A.73; 84.82, subdivision 1; 
          136.11, subdivision 6; 136A.133; 167.31; 167.32; 
          167.33; 167.34; 167.35; 167.36; 167.37; 167.38; 167.39;
          167.42; 167.43; 167.44; 167.521; 168.27, subdivision 
          5; 174.03, subdivision 5a; 174.24, subdivisions 3a and 
          4; 174.265; 174.31; 256E.07, subdivision 3; 473.401; 
          473.402; 473.403; 473.411, subdivision 1; 473.413, as 
          amended; 473.451; Minnesota Statutes 1983 Supplement, 
          section 17.106; and Laws 1983, chapter 289, section 
          102, and chapter 301, section 233.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                               ARTICLE 1 

                    STATE GOVERNMENT APPROPRIATIONS 
    Section 1.  [APPROPRIATIONS SUMMARY.] 
    The sums set forth in the columns designated 
"APPROPRIATIONS" are appropriated from the general fund, or any 
other fund designated, to the agencies and for the purposes 
specified in the following articles of this act, to be available 
for the fiscal years indicated for each purpose.  The figures 
"1984" and "1985," wherever used in this act, mean that the 
appropriations listed under them are available for the year 
ending June 30, 1984, or June 30, 1985.  When a figure appears 
in parentheses, it is a reduction of a prior appropriation. 

           SUMMARY OF APPROPRIATIONS BY FUNCTION - ALL FUNDS 
                                                        Total
STATE DEPARTMENTS                                    $34,485,500
AGRICULTURE, TRANSPORTATION, AND OTHER AGENCIES       86,841,300
EDUCATION                                             10,413,000
HEALTH AND HUMAN SERVICES                             65,173,000
TOTAL                                               $196,912,800

                            SUMMARY BY FUND 
                                                         Total 
General Fund                                        $110,908,700
Special Revenue Fund                                     425,000
Trunk Highway Fund                                    57,749,800
Highway User Tax Distribution Fund                       181,500
Transit Assistance Fund                               12,600,000
County State Aid Highway Fund                         11,300,000
Municipal State Aid Street Fund                        3,400,000
Special Compensation Fund                                155,000
Environmental Response Compensation and Compliance Fund  192,800
                                                APPROPRIATIONS
                                              1984          1985
                                          $             $      

                               ARTICLE 2 

                           STATE DEPARTMENTS 
    Section 1.  LEGISLATURE 
(a) Legislative Commission on Energy                   20,000
By January 1, 1986, the legislative 
commission on energy shall report to 
the legislature on the state programs 
of energy audits of residential and 
commercial buildings under Minnesota 
Statutes, section 116J.31.  The report 
must include:  (1) a summary of the 
audits performed and conservation 
measures installed; (2) a summary of 
delivery systems and marketing of 
programs, including any recommendations 
for alternative delivery systems and 
marketing strategies; (3) consumer 
comments about the operation of the 
program; and (4) other information 
relevant to the operation of the 
program.  
(b) Legislative Reference Library                      94,100
 This appropriation may be expended only 
if funds from other sources are not 
available. 
 The appropriations in this section are 
added to the appropriations in Laws 
1983, Chapter 301, section 2, 
subdivision 4. 
(c) Legislative Coordinating Commission                 6,300
This appropriation is for the 
compensation council. 
    Sec. 2.  SUPREME COURT 
(a) State Court Administrator                          47,500
 This appropriation is for the 
administrative costs associated with 
the community dispute resolution 
program. 
 By January 1, 1986, the state court 
administrator shall report to the 
chairmen of the judiciary committees in 
the house and in the senate the 
experience to date with dispute 
resolution programs and shall make 
recommendations for any changes that 
may be deemed desirable in the dispute 
resolution program. 
(b) State Law Library                                  43,000
The appropriations in this section are 
added to the appropriation in Laws 
1983, chapter 301, section 3.  
     Sec. 3.  BOARD ON JUDICIAL
 STANDARDS                             51,100          60,000
 This appropriation is added to the 
appropriation in Laws 1983, chapter 
301, section 6.  If the appropriation 
for either year is insufficient, the 
appropriation for the other year is 
available for it.  
     Sec. 4.  BOARD OF PUBLIC DEFENSE                 144,500
 This appropriation is for the five 
legal defense corporations listed in 
Laws 1983, chapter 301, section 7.  
Final distribution of this money shall 
be determined by the board of public 
defense.  The board of public defense 
shall submit to the legislature by 
January 1, 1985 a report showing how 
much of this appropriation was 
distributed to each recipient and the 
rationale for the distribution. 
    Sec. 5.  PUBLIC DEFENDER 
Public Defender Operations                80,000
 This appropriation is added to the 
appropriation for the same purpose in 
Laws 1983, chapter 301, section 8. 
    Sec. 6.  SECRETARY OF STATE 
(a) Microfilming Project                               50,000
 This appropriation is added to the 
appropriation in Laws 1983, chapter 
301, section 10.  
(b) The unexpended balance of the 
appropriation contained in Laws 1983, 
chapter 301, section 10, for 
computerization of the corporate 
division does not cancel and is 
available for the second year of the 
biennium. 
    Sec. 7.  ATTORNEY GENERAL 
    Approved Complement 
    General Fund - Add 2 
Compliance Activities                                  47,300
 This appropriation is added to Laws 
1983, chapter 121, section 32, 
subdivision 4.  This appropriation 
shall be reimbursed to the general fund 
from the environmental response, 
compensation, and compliance fund, and 
the amount necessary to make the 
reimbursement is appropriated to the 
commissioner of finance for transfer to 
the general fund. 
The two unclassified positions paid for 
from this appropriation are for the 
duration of the Reilly Tar case only. 
    Sec. 8.  ADMINISTRATION 
    Approved Complement - Add 16 
(a) Public Service
    (1) Public television                           2,100,000
 This appropriation is for public 
television equipment needs; final 
distribution of the funds will be based 
on the recommendations of the Minnesota 
Public Television Association.  
    (2) Public radio                                  200,000
 This appropriation is for public 
educational radio equipment needs; 
final distribution of the funds will be 
based on the recommendations of the 
Association of Minnesota Public 
Educational Radio Stations. 
 By January 1, 1985, the commissioners 
of administration and finance shall 
establish a procedure by which public 
broadcasting funding requests are 
submitted; institute eligibility 
standards and criteria by which the 
awards are made; distinguish the 
requirements for block grants, 
operating grants, and capital grants; 
provide for the auditing of funds 
disbursed; and propose statutory 
language which would reflect this 
process. 
     (3) Cable communications board                   135,000
(b) State Agency Services 
 (1) Procurement automation project                   358,000
 The commissioner of administration 
shall prepare and submit an outline for 
a long-range procurement plan to the 
chairmen of the senate finance 
committee and the house appropriations 
committee by June 1, 1984.  A completed 
long-range plan shall be submitted to 
the chairmen by August 1, 1984.  The 
plan shall include, but is not limited 
to, the effect that procurement 
automation may have on the management 
and operations of state agencies; the 
implications for centralization or 
decentralization of procurement 
control, decision-making, and 
information; and the cost implications 
statewide.  The commissioner shall seek 
the advice and assistance of other 
state agencies in the preparation of 
the plan.  The commissioner shall also 
report to the chairmen by August 1, 
1984, on her plans for changes in the 
operations and structure of the 
procurement division as a result of the 
automation of the procurement process. 
 Beginning July 1, 1984, the 
commissioner of administration shall 
submit bi-monthly reports to the 
commissioner of finance and the 
chairmen of the senate finance 
committee and the house appropriations 
committee on her progress in 
implementing the procurement automation 
project as compared to the 
implementation plan contained in the 
Pride Phase II equivalent document.  
Following the receipt of a progress 
report, the chairmen may recommend to 
the commissioner of administration and 
the commissioner of finance that the 
procurement automation project be 
suspended or abandoned.  If the 
commissioner of finance determines that 
the project should be suspended or 
abandoned, no additional money may be 
encumbered for the project until 
further order of the commissioner of 
finance. 
 The authorized complement for the 
procurement division shall be reduced 
by seven positions by June 30, 1985. 
 As may be approved by the legislative 
audit commission, the legislative 
auditor may conduct a follow-up to 
their 1982 reports on state and SED 
purchasing or a new examination of the 
procurement division and the bid 
specifications that are used in 
contract purchasing. 
     (2) Bidding Rules 
The commissioner of administration 
shall adopt rules to establish the 
standards and procedures by which a 
contractor who has been convicted of a 
contract crime, and its affiliates, 
will be disqualified from receiving the 
award of a state contract or from 
serving as a subcontractor or material 
supplier under a state contract.  The 
rules shall apply to contracts let by 
the commissioner of transportation and 
to other contracts and purchases the 
commissioner of administration deems 
necessary and appropriate. 
(c) Management Services 
     (1) Telecommunications                           210,000
     (2) Equipment Study 
 The commissioner of administration 
shall coordinate a study to determine 
whether present appropriation levels 
are sufficient to allow replacement of 
state equipment that has exceeded its 
useful life.  The study must include 
the departments of natural resources, 
transportation, public welfare, 
administration, and other major users 
of state equipment.  The study shall be 
completed in time to incorporate the 
commissioner's findings and 
recommendations in the budget requests 
presented to the 1985 legislature. 
     (3) Seasonal Employee Study 
 The commissioner of administration in 
cooperation with the commissioner of 
employee relations shall conduct a 
study to determine the operational and 
cost effectiveness of the extensive use 
of part-time and seasonal employees by 
the commissioner of natural resources.  
The study may also include similar use 
by the commissioners of transportation 
and public welfare.  A report of the 
findings of the study and the 
recommendations of the commissioners of 
administration and employee relations 
must be submitted to the legislature by 
January 1, 1985. 
 The appropriations in (a), (b), and (c) 
are added to the appropriation in Laws 
1983, chapter 301, section 16.  
 (d)  Regional waste 
disposal system                                     7,000,000 
 This appropriation is from the general 
fund to pay part of the cost of 
constructing a regional waste disposal 
facility for the counties of Olmsted, 
Dodge, Mower, Fillmore, and Wabasha 
counties.  This money shall be paid in 
the form of a grant to Olmsted County, 
but any amounts not expended for this 
purpose shall be returned to the state 
treasury.  
 This appropriation shall not be spent 
until: (1) a portion of former 
Rochester state hospital has been sold 
and all the net proceeds have been 
deposited in the state treasury and 
credited to the general fund; (2) 
Olmsted County has executed an 
agreement to provide a regional waste 
disposal facility for Dodge, Mower, 
Fillmore, and Wabasha counties, which 
shall specify how rates will be 
determined; rates shall be no greater 
than those charged to Olmsted County 
residents; and (3) Olmsted County has 
submitted to the chairman of the senate 
finance committee and the chairman of 
the house appropriations committee a 
report showing the terms of the sale, 
the items deducted from gross proceeds 
to arrive at net proceeds, and the 
agreements executed by the counties, 
and received their advisory 
recommendations on the payment of the 
grant; failure or refusal to make a 
recommendation promptly is deemed a 
negative recommendation. 
 Dodge, Mower, Fillmore, or Wabasha 
county, or all of them, may choose, by 
resolution of the county board adopted 
by August 1, 1984, not to participate 
in the regional waste disposal 
facility.  Except for counties that 
have chosen not to participate in the 
facility, no money may be expended from 
this appropriation until all the named 
counties have executed the agreement.  
 The amount paid under this 
appropriation shall be one-half of the 
net proceeds, up to $7,000,000. "Net 
proceeds" means the gross proceeds less:
(1) the accumulated operating costs 
associated with the heating, 
maintenance, and provision of security 
for the unoccupied real property and 
its improvements for the period 
beginning December 29, 1982, and ending 
on the date of sale of the real 
property and its improvements; (2) 
costs incurred by Olmsted County for 
roof repairs previously made to 
hospital buildings and road 
improvements made necessary because of 
the sale of the property to the United 
States government; and (3) consultant 
fees and advertising costs related to 
the sale of the property.  
    Sec. 9.  TAX STUDY COMMISSION 
 The Minnesota Tax Study Commission, 
which was created by executive order 
83-33, may accept private contributions 
to offset its operating expenses.  The 
commission is directed to seek private 
donations for publication costs and for 
the costs associated with presentation 
of the reports to the 1985 legislature. 
    Sec. 10.  EMPLOYEE RELATIONS 
Employee Group Insurance -
    Enrollment Services                               127,300
 This appropriation is added to the 
appropriation in Laws 1983, chapter 
301, section 19.  
    Sec. 11.  NATURAL RESOURCES 
     Approved Complement 
     General - Subtract 11
     Game and Fish - Add 0.5
     Special - Add 14
(a) Snowmobile Trails Grooming and 
Maintenance Equipment                                 400,000
 This appropriation is from the 
snowmobile trails and enforcement 
account. 
(b) Cross Country                      
Ski Trails                                             75,000
(c) County Forestry Assistance Program              2,000,000
This appropriation is for a grant to 
the St. Louis county land investment 
board and is available only when St. 
Louis County contributes $500,000 from 
its own revenues to the project. 
The St. Louis county land investment 
board shall provide a work plan and 
semi-annual progress reports to the 
department and the joint select 
committee on forestry for review and 
recommendations.  Any recommendations 
received shall be advisory only. 
(d) Consolidated Conservation Area Rulemaking          15,000
(e) Snag Removal                                       30,000
(f) Voyageurs National Park Land Acquisition           30,000
(g) Lake Restoration                                   40,000
 This appropriation is for the purpose 
of restoring and improving Lake 
Isabelle in Dakota County.  The money 
shall be used for a detailed soil 
analysis including a 
hydraulic/hydrologic study to determine 
the maximum lake level, necessary 
groundwater investigation for 
augmentation of water supply, and any 
acquisition of easements and rights of 
way.  The appropriation shall not 
cancel but remains available until 
expended. 
 The appropriations in this section are 
added to the appropriations made in 
Laws 1983, chapter 301, section 22. 
 The department shall develop a plan to 
implement the recommendations made by 
the department of administration in its 
study of the regional and subregional 
structure of the department of natural 
resources.  The plan shall be developed 
with the assistance of the department 
of administration.  The department of 
employee relations shall review the 
plan with respect to personnel 
matters.  The plan shall be completed 
on or before September 1, 1984. 
 The department shall create at least 
one regional or subregional labor pool 
under the control of the regional 
administrator.  The department shall 
report to the legislature on the 
results of the project by February 1, 
1985.  The departments of 
administration and employee relations 
shall assist in the design and 
evaluation of the project. 
 The commissioner need not include the 
three-month cancellation provision 
required by Minnesota Statutes, section 
92.50, subdivision 1, in any lease of 
the Soudan Mine for use as a physics 
laboratory by the University of 
Minnesota, provided that this exception 
shall not be construed to limit the 
commissioner's right to cancel for 
cause under the terms of the lease. 
 Notwithstanding Laws 1983, chapter 301, 
section 22, an amount not to exceed 
$250,000 of the money included for peat 
development in the appropriation for 
mineral resources management may be 
expended for site preparation for 
commercial peat mining in any bog whose 
surface has been disturbed by drainage 
or any other artificial alteration of 
the surface.  If any portion of this 
amount is directly or indirectly loaned 
for site preparation purposes, the 
money repaid under the loan shall be 
deposited in the general fund. 
 Notwithstanding any law to the 
contrary, including Laws 1983, chapter 
301, section 22, the commissioner of 
natural resources shall, by November 
15, 1984, submit a report to the 
legislature containing specific 
recommendations for appropriate 
protection of those peatlands 
identified as ecologically significant 
in the August 1981 Minnesota Peat 
Program Final Report. 
 Laws 1983, chapter 301, section 88, is 
retroactive to July 1, 1982.  The 
commissioner of finance shall adjust 
the amount of receipts credited to the 
state forest suspense account during 
fiscal year 1983 and the total costs 
incurred by the state for forest 
management purposes during fiscal year 
1983 to reflect this retroactivity. 
 The commissioner of natural resources 
shall present to the legislature by 
January 1, 1986, a plan for 
consolidating the trails and waterways 
unit and the parks and recreation 
division. 
The commissioner of natural resources 
shall devote $25,000 from previous 
apppropriations from the game and fish 
fund to conducting research on the 
genetic background of walleyes. 
     Sec. 12.  ZOOLOGICAL BOARD          348,200      315,700
 This appropriation is added to the 
physical facilities appropriation 
provided in Laws 1983, chapter 301, 
section 23 for fuel and utility costs. 
None of the money provided in the 
original appropriation for fuel and 
utilities or this supplement shall be 
used for any other purpose.  
 The commissioner of finance must 
conduct an economic analysis regarding 
acquisition of the zoo ride and submit 
his report to the legislature.  The 
analysis may include discussions with 
the current owners of the zoo ride. 
    Sec. 13.  POLLUTION CONTROL AGENCY 
     Approved Complement 
    General - Add 15 
    ERCC - Add 2 
(a) Wastewater Grant Administration                   342,800 
(b) Transfer of Funding Acid 
Rain Planning                            (68,000)      68,000
(c) Environmental Impact Statement 
Preparation                               95,000
 Any unencumbered balance remaining in 
the first year does not cancel but is 
available for the second year of the 
biennium. 
(d) Technical Support for 
Reilly Tar Litigation                     75,000
Any unencumbered balance remaining in 
the first year shall not cancel but is 
available for the second year of the 
biennium. 
The two positions paid for from this 
appropriation are in the unclassified 
service for the duration of the Reilly 
Tar case only.  When the case is over, 
the positions shall be canceled and the 
approved complement of the agency 
reduced accordingly. 
(e) Laboratory Analysis                               117,800
The appropriations in items (d) and (e) 
are from the ERCC fund. 
(f) Waste Tires                                       117,000
 This appropriation is for establishing 
rules for waste tire collector and 
processor permits, waste tire nuisance 
abatement, and waste tire collection, 
and for carrying out waste tire 
nuisance abatement and waste tire 
collection programs.  The three 
positions paid for from this 
appropriation are in the unclassified 
service. 
(g) Collection and Incineration Study                 100,000 
 The director of the pollution control 
agency shall make a study, report, and 
recommendations of the following:  (1) 
the number and geographical 
distribution of waste tires generated 
and existing tire dumps and collection 
sites; (2) financial responsibility 
requirements needed to cover tire 
collectors and processors; (3) the 
optimum location of collection sites to 
facilitate tire processing; (4) 
alternative methods to collect waste 
tires in small tire dumps and to 
collect tires from waste tire 
generators, including costs; (5) the 
options for waste tire recycling, their 
current use, and the feasibility of 
future use; (6) methods to establish 
reliable sources of waste tires for 
waste tire users; (7) the types of 
facilities in Minnesota that can 
utilize waste tires as a fuel source, 
the cost of equipment needed to modify 
existing types of facilities, the cost 
of test burns, the feasibility of 
operating each type of facility 
utilizing waste tires as a fuel source, 
and the location of those facilities; 
and (8) the establishment of a 
statewide waste tire collection system. 
 The director of the agency shall submit 
an interim report to the legislature 
and the governor by December 31, 1984, 
and a final report by April 1, 1985.  
(h) Test Burns Report                                  35,000 
 The director of the agency, with the 
commissioner of administration, shall 
identify by October 1, 1984, existing 
public and private facilities most 
suitable for utilizing waste tires as a 
fuel source.  The director of the 
agency shall solicit expressions of 
interest by private industry for 
utilizing waste tires as a fuel 
source.  The selected facilities shall 
assist in conducting test burns, making 
measurements, and preparing a report 
describing the test results and the 
feasibility of using waste tires as a 
long-term fuel source for various types 
of facilities.  The report shall 
identify the collection, 
transportation, and processing of waste 
tires needed to use the facilities.  
The director of the agency shall submit 
the report to the legislature and the 
governor by December 31, 1984.  
 The appropriations and reductions in 
this section are added to the 
appropriations made in Laws 1983, 
chapter 301, section 25. 
     Sec. 14.  WASTE MANAGEMENT BOARD
     Approved Complement
    General - Add 5 
    Building - Add 2 
 These positions are in the unclassified 
service. 
    Sec. 15.  ENERGY AND ECONOMIC 
DEVELOPMENT 
    Approved Complement 
    General - Add 49 
    Federal - Add .5 
(a) Alternative Energy Projects          146,500      774,100
$150,000 is for alternative energy 
technical activity. 
 $50,000 is for an engineering manager 
in the unclassified service.  The 
manager must have technical expertise 
and professional experience in the 
field of engineering. 
$218,000 is for community energy 
councils, of which $53,000 is for a 
director in the unclassified service 
and $145,000 is for grants to 
communities. 
$53,000 is for the shared energy 
savings program.  One unclassified 
position may be paid from this 
appropriation.  
$5,000 is for temporary rulemaking for 
district heating and qualified energy 
improvements. 
$50,000 is for study and adoption of 
standards for fiber fuels. 
 $47,800 is for the adoption of rules 
regarding quality and product safety 
specifications for the manufacture of 
insulation. 
$146,500 is available the day following 
final enactment and until June 30, 
1985, for enforcement of energy 
conservation standards for rental 
property.  Four unclassified positions 
may be paid for from this appropriation.
$100,000 is for optimal low-income 
weatherization. 
 $81,800 is for wind resource assessment 
and $18,500 is for continuation of the 
superinsulation demonstration project. 
(b) District Heating Debt Service                     279,000
To the commissioner of finance for 
transfer to the state bond fund for 
district heating and qualified energy 
improvement debt service under 
Minnesota Statutes, section 116J.36, 
subdivision 6, as amended by this act. 
(c) Low-Income Weatherization                       1,000,000
 To the commissioner of economic 
security for the purpose of extending 
or expanding the low income residential 
weatherization program authorized by 
section 268.37.  Any federal money 
received before December 31, 1984, in 
excess of anticipated revenues for the 
weatherization program shall reduce the 
state appropriation for this purpose by 
a like amount.  
(d) Marketing Minnesota                             1,100,000
 $200,000 of this appropriation is 
available only after verification and 
documentation of private sector 
contributions on the basis of $1 state 
to $1 private funds.  These funds may 
be released as contributions are 
received.  For purposes of this 
appropriation, private sector in-kind 
services may provide all or a portion 
of the match for this money. 
 "Private sector" means any private 
person, firm, corporation, or 
association. 
(e) Business Services                                 273,100
(f) Financial Officers                                196,800
 $147,300 and five positions are for an 
energy and economic delvelopment 
authority administration contingent 
account.  Upon resolution of the 
litigation regarding the authority, up 
to these amounts may be released with 
the approval of the governor after 
consultation with the legislative 
advisory commission pursuant to 
Minnesota Statutes, section 3.30. 
Of the seven positions paid for from 
this appropriation, four are not 
authorized until January 1, 1985. 
(g) Administrative Support                             79,200
(h) Economic Recovery Grant Program                 6,000,000
 This appropriation is for economic 
recovery grants to local governments 
under the small cities development 
grants program.  
$85,300 is for administrative costs. 
$5,914,700 is for grants. 
(i) Office of Science and Technology                  300,000
 This appropriation is for the 
coordination of economic development 
assistance in the high technology 
industries of medical biotechnology and 
software development.  The three 
complement positions associated with 
this appropriation are in the 
unclassified service. 
(j) Community Development Corporations                500,000
(k) Technology Corridor                             6,000,000
 The commissioner of economic 
development may enter into an agreement 
with the city of Minneapolis and the 
University of Minnesota to assist the 
development of the technology corridor 
project established by the city and the 
university by providing money for land 
acquisition costs, building 
construction costs, and venture capital 
assistance within the technology 
corridor.  The purpose of the state 
assistance is to promote the 
development of technology-related 
businesses in Minnesota.  The 
commissioner may agree to make 
installment payments over a specified 
number of years.  Before executing the 
agreement, the commissioner shall 
certify that the commissioner has 
reviewed the project and finds that the 
expenditure of this appropriation is 
the most appropriate reasonably 
available means of meeting the 
objective of promoting the development 
of technology-related businesses in 
Minnesota.  The commissioner may expend 
up to $50,000 of this appropriation for 
expenses necessary to adequately review 
the project.  The commissioner may not 
execute the agreement until the 
commissioner has presented it to the 
chairman of the senate finance 
committee and the chairman of the house 
appropriations committee and the 
chairmen have made their advisory 
recommendations on it.  Failure or 
refusal to make a recommendation 
promptly is deemed a negative 
recommendation. 
 Of this amount, $1,000,000 shall be 
paid to the University of Minnesota for 
recurring costs associated with the 
supercomputer institute in the 
technology corridor, and $1,200,000 
shall be expended for 12,000 square 
feet of space for the supercomputer 
institute.  Recurring costs of 
$2,600,000 shall be treated as part of 
the University of Minnesota budget base 
effective July 1, 1985.  
(l) Bay Front Development Corporation                 150,000
This appropriation is for payment to 
the city of Duluth, but is available 
only to match contributions received 
from nonstate sources in the amount of 
$150,000.  The state payment shall not 
be made until the entire match has been 
received. 
(m) Manufacturing Growth Council                       60,000
Three unclassified positions may be 
paid for from this appropriation. 
This appropriation is available only to 
match contributions by Minnesota 
businesses totaling $60,000.  
Contributions may be in the form of 
cash, equipment, or loaned personnel.  
The commissioner of energy and economic 
development shall determine the value 
of contributions other than cash.  None 
of this appropriation may be expended 
until the entire match has been 
committed.  
(n) Convention Facilities Commission    250,000
 $100,000 is for activities leading to 
the selection of a city in which the 
convention facility is to be located.  
This appropriation is available until 
September 11, 1984. 
 $150,000 is for activities subsequent 
to the selection of a city, of which 
$100,000 is to be released dollar for 
dollar by the commissioner upon 
verification of receipt of an equal 
amount contributed by the city of 
designation.  The city may provide the 
match from its own revenues or from 
nonpublic contributions for this 
purpose.  This appropriation is 
available until June 30, 1985.  
 The two complement positions associated 
with this appropriation are in the 
unclassified service. 
(o) Waste Tire Recycling                               52,000
 This appropriation is for establishing 
rules, which may include temporary 
rules, and paying administrative costs 
for waste tire recycling loans and 
grants.  One of the positions paid for 
from this appropriation is in the 
unclassified temporary service. 
(p) Recycling and Environmental Programs              184,000
 The commissioner shall use this money 
to encourage recycling, recycling 
education, the quality environment 
program, and other necessary efforts 
for the correction of environmental 
blemishes that have a negative impact 
on tourism and economic development 
within the state.  Two of the positions 
paid for from this appropriation are in 
the unclassified service. 
(q) Rough Fish Processing                              30,000
 This appropriation is to assist in a 
market analysis of the potential for 
rough fish processing in Minnesota.  
 The appropriations in this section are 
added to the appropriations in Laws 
1983, chapter 301, section 28. 
(r) Foreign Business Coordination
 One position in the unclassified 
service is for the coordination of 
projects involving foreign businesses. 
    Sec. 16.  STATE PLANNING AGENCY 
    Approved Complement 
    General - Add 3 
(a) Infrastructure Project                             18,000
(b) Interstate Association Dues                        55,000
 This appropriation is for state 
participation in the Upper Mississippi 
River Basin Association, the Council of 
Great Lakes Governors, and the 
Northeast-Midwest Coalition. 
(c) Telecommunications Council                        250,000
(d) Minnesota Horizons                                 50,000
The state planning director is 
encouraged to seek private donations to 
match this appropriation. 
(e) Land Management Information System                 35,000
 This appropriation is for an 
archeological information and planning 
system.  In determining the prime 
contractor, the agency shall consider 
possible conflict of interest in 
regulation and field investigation 
activity. 
 The appropriations in this section are 
added to the appropriation made in Laws 
1983, chapter 301, section 30. 
     Sec. 17.  WORLD TRADE CENTER BOARD               575,000 
     Approved Complement - 9 
The unexpended balance of 
appropriations transferred from the 
general contingent account to the 
commissioner of agriculture for the 
world trade center commission for 
fiscal year 1984 is transferred to the 
world trade center board for fiscal 
year 1985.  
    Sec. 18.  LABOR AND INDUSTRY 
    Approved Complement 
    General - Add 3 
    Special - Add 4 
(a) Prevailing Wage Director                            35,500
(b) Worker's Compansation
(1) Rehabilitation Services          23,500            131,500
 This appropriation is for reduction in 
the number of cases pending review 
under the administrative conference 
procedure.  This appropriation is from 
the special compensation fund. 
(2) State Employee Fund              13,400            173,800
 This appropriation is for enhanced 
administration of the state employee 
revolving fund.  
 The positions paid for from the special 
compensation fund shall be canceled 
July 1, 1986, and the approved 
complement of the department reduced 
accordingly. 
 The authority of the commissioner of 
labor and industry as contained in 
sections 144.411 to 144.417 is 
transferred to the commissioner of 
health.  The rules of the department of 
labor and industry are repealed and the 
rules of the department of health shall 
apply. 
 The appropriations in this section are 
added to the appropriation made in Laws 
1983, chapter 301, section 32. 
    Sec. 19.  VETERANS AFFAIRS 
    Approved Complement - Add 53 
(a) Veterans benefits               140,000 
This appropriation is for emergency 
financial and medical needs of 
veterans.  $10,000 of the appropriation 
made in Laws 1983, chapter 301, section 
37, for aid pursuant to Minnesota 
Statutes, section 197.75, is added to 
this appropriation. 
 The department must develop management 
alternatives through which this program 
is contained within this appropriation 
for the biennium ending June 30, 1985. 
(b) Conversion of Building Number 16,
Minneapolis Veterans Home from 
Domiciliary to Nursing Care                         1,051,300
 By September 15, 1984, the department 
is instructed to formalize an ongoing 
patient review process which assesses 
the appropriate level of care needed by 
each resident.  The department shall 
attempt to incorporate the components 
of the patient utilization review 
process required under medical 
assistance. 
The commissioner of veterans affairs 
shall conduct a survey of state 
hospitals and other hospitals, public 
and private, in this state, in order to 
determine the number of beds in each 
hospital that are seldom used and that 
might be suitable for use by veterans 
needing nursing home care.  The 
commissioner shall report to the 
legislature by January 1, 1985, on the 
results of the survey and his 
recommendations for possible conversion 
of hospital beds to state veterans home 
nursing care beds. 
 The appropriations in this section are 
added to the appropriation in Laws 
1983, chapter 301, section 37. 
    Sec. 20.  INDIAN AFFAIRS 
COUNCIL 
Purchase of Indian Burial Grounds                      40,000
 This appropriation is added to the 
appropriation in Laws 1983, chapter 
301, section 38. 
    Sec. 21.  HUMAN RIGHTS 
    Approved Complement 
       General - Add 24
       Federal - Subtract 16 
(a) Case Processing                                   300,000
 This appropriation is for increased 
enforcement activities to reduce the 
number of cases pending within the 
department.  This appropriation is 
added to the appropriation in Laws 
1983, chapter 301, section 42. 
Two of the positions approved to reduce 
the backlog shall be canceled on July 
1, 1985, and the approved complement of 
the department reduced accordingly. 
In preparing the budget for the 1985 
legislature, the commissioner shall 
report on the advisability of providing 
at least one full-time position to the 
Duluth office and of providing for 
handling complaints on at least a 
part-time basis through an office in 
Bemidji.  The report shall include the 
costs associated with adequately 
providing service at these locations. 
(b)  Federal Advance                                  357,100 
 This appropriation is to be used by the 
commissioner until federal money is 
received in payment for work done under 
contract with the Equal Employment 
Opportunity Commission and the United 
States Department of Housing and Urban 
Development for the federal fiscal 
year.  Each quarterly receipt of 
federal money shall be credited to a 
federal receipt account and then 
transferred to the general fund.  
It is estimated that $294,600 in 
nondedicated contractual receipts from 
the federal government will be 
deposited in the state general fund in 
fiscal year 1985.  
If the nondedicated contractual 
receipts earned in fiscal year 1985 
from the federal government are less 
than $294,600 in fiscal year 1985 the 
commissioner of finance shall reduce 
the appropriation base available to the 
department of human rights in the 
following fiscal year by the amount of 
the difference.  Any reduction shall be 
noted in the budget document submitted 
to the legislature.  
    Sec. 22.  HOUSING FINANCE AGENCY 
 The appropriations in this section are 
for transfer to the housing development 
fund. 
(a) Tribal Indian Housing Programs                  1,750,000
(b) Urban Indian Housing Programs                     750,000
In order to qualify for disbursement of 
the money appropriated in this section, 
proposed urban Indian programs must 
provide for the combination of the 
appropriated money with other moneys 
from either public or private sources 
that are specifically designated at the 
time of application and that will be 
available upon program commencement.  
The Minnesota housing finance agency 
shall notify qualified applicants to 
submit their proposals for utilization 
of the appropriation within 90 days 
after the date of enactment of this 
section.  Within 30 days after 
notification, the agency shall allocate 
this appropriation among the qualified 
applicants.  If the combined requested 
amounts of approved proposals exceed 
the amount of this appropriation, the 
money shall be allocated among the 
applicants on a prorated basis 
according to the agency's allocation 
percentages for urban Indian programs.  
Effective June 30, 1985, the balance of 
this appropriation not subject to 
active contracts approved by the agency 
under qualified urban Indian programs 
shall be reallocated by the agency for 
the purposes provided in Minnesota 
Statutes, sections 462A.07, subdivision 
15, and 462A.21, subdivision 4d. 
(c) Temporary Housing Demonstration Program          250,000
By March 15, 1985, the housing finance 
agency shall report to the legislature 
on the temporary housing demonstration 
program. 
    Sec. 23.  GENERAL CONTINGENT ACCOUNT 
General Contingent Reduction                       (5,000,000)
 This reduction is from the 
appropriation in Laws 1983, chapter 
301, section 45.  
    Sec. 24.  SALARY SUPPLEMENT 
(a) Legislative, Judicial,
Constitutional Officers
Salary Increases                                    1,019,600
 This appropriation is added to 
appropriations in Laws 1983 as follows: 
 Chapter 299, section 37, subdivision 1, 
item (b), $15,200 
 Chapter 299, section 37, subdivision 1, 
item (c), $735,900 
 Chapter 301, section 2, subdivisions 1 
and 2, $90,000 
 Chapter 301, section 2, subdivisions 1 
and 3, $178,500 
(b) Comparability Adjustments                         181,500
This appropriation is added to the 
appropriation in Laws 1983, chapter 
301, section 55, item (d), Highway User 
Tax Distribution Fund. 
    Sec. 25.  [ST. LOUIS COUNTY LAND INVESTMENT BOARD.] 
    Subdivision 1.  [CREATION; MEMBERSHIP.] The St. Louis 
county board of land investment consisting of the members of the 
St. Louis county board of commissioners is established.  The 
board of land investment shall have responsibility to accelerate 
the county's forestry land management program and to provide 
operational support and supervision to a broad range of forest 
projects.  
    Subd. 2.  [LAND INVESTMENT DEPARTMENT.] The board of land 
investment may establish a land investment department to carry 
out the objectives established by the land investment board.  
    Subd. 3.  [ADMINISTRATION.] The department shall be 
administered by the land commissioner appointed under Minnesota 
Statutes, section 282.13 but shall be separate from the land 
department which is also under the direction of the land 
commissioner.  
    Subd. 4.  [PURPOSES.] The purposes of the land investment 
board are:  
    (a) to intensify land management activities on county 
administered tax forfeited peat and forest lands;  
    (b) to achieve an intensified land management program by 
using the talents of the excess skilled labor available in the 
region;  
    (c) to invest in the economic future of the region by using 
the full potential of the land resource;  
    (d) to conduct, but not be limited to, projects including 
peat development, reforestation, timber stand improvement, 
timber management, development of recreation and wildlife 
facilities, forest road construction, and boundary line and 
corner establishment; 
    (e) to ensure that the projects use the latest state of the 
art technology; and 
     (f) to conduct, contract for, or use joint powers to 
accomplish the surveys, studies, or research, as needed to 
encourage or test the feasibility of new programs or markets to 
use the land resources to their optimum.  
    Subd. 5.  [POWERS.] The board of land investment may:  
    (a) enter into contracts with or employ technical experts, 
agents, and employees, permanent and temporary, as it may 
require, and determine their qualifications, duties, and 
compensation;  
    (b) delegate to one or more of its agents or employees the 
powers or duties it deems proper;  
    (c) accept grants, loans, gifts, services, or other 
assistance from the federal or state government or any private 
individual or organization to accomplish its purposes; and 
    (d) enter into contracts with individuals or organizations 
to perform land management activities, including tract site 
preparation, road construction, or maintenance.  
    Subd. 6.  [EMPLOYEES.] The land commissioner may hire 
employees with the approval of the land investment board to 
carry out the duties of the land investment department. 
Notwithstanding Laws 1941, chapter 423, as amended, all 
positions created in the land investment department shall be in 
the unclassified service and the employees shall serve at the 
pleasure of the land investment board.  The positions will be 
assigned to the collective bargaining unit to which the position 
would be assigned if the position were in the classified 
service.  On January 1, 1988, all the positions shall become 
part of the classified service and all persons holding the 
positions shall become subject to Laws 1941, chapter 423, as 
amended, as though they had been originally appointed to the 
classified service.  Seniority shall be computed from the date 
of employment whether before or after January 1, 1988. Positions 
within the land investment department shall continue to be 
separate from positions in the St. Louis county land department 
for all purposes, including seniority rights.  
    Subd. 7.  [ASSISTANT COMMISSIONER.] Notwithstanding 
subdivision 6, the position of assistant commissioner of land 
investment shall remain in the unclassified service.  
    Subd. 8.  [TRACTS WITH LOW QUALITY TIMBER.] If the board of 
land investment determines that a tract is stocked with 
nonindustrial, low quality timber that has little or no value, 
Minnesota Statutes, section 282.04, as it relates to timber 
sales, shall not apply to land management activities including 
site preparation, conducted under the authority of the board.  
    Subd. 9.  [RECEIPTS.] Receipts from salvage materials 
generated by site preparation activities conducted under the 
authority of this chapter shall be paid into the forfeited tax 
sale fund.  
    Subd. 10.  [REQUIREMENT.] This section is not effective 
until the governing body of St. Louis County has complied with 
Minnesota Statutes, section 645.021, subdivision 3.  
    Sec. 26.  [SALE OF SURPLUS TRAIL LANDS.] 
    Notwithstanding any contrary provisions relating to sale of 
surplus state lands contained in Minnesota Statutes, sections 
94.09 to 94.16, lands and interests in lands acquired for trail 
purposes located in any of the cities listed in this section, 
which are no longer needed for trail purposes, may be declared 
surplus and sold to the city in which the land is located by the 
commissioner of natural resources for not less than the 
appraised value as determined by the commissioner.  The cities 
within which the lands are located are Madison Lake in Blue 
Earth County, Rutledge and Sturgeon Lake in Pine County, and 
Thomson in Carlton County.  The proceeds from the sales, after 
deducting costs of sale in the same manner as permitted in the 
sale of surplus lands by Minnesota Statutes, section 94.16, 
shall be deposited in the state treasury and credited to the 
state bond fund, except for proceeds from the sale of land in 
Madison Lake, which shall be credited to the general fund. 
Conveyances shall be in a form approved by the attorney general. 
    Sec. 27.  [SALE OF CERTAIN STATE FOREST LAND TRACTS.] 
    Subdivision 1.  Notwithstanding Minnesota Statutes, 
sections 94.09 to 94.16, that certain tracts of state forest 
land located and described in subdivisions 2 to 4 may be sold by 
the commissioner of natural resources or his agent at private 
sale at not less than the appraised price as determined by state 
appraisers.  Conveyance of these tracts shall be on a form 
approved by the attorney general.  
    Subd. 2.  That part of the Northeast Quarter of the 
Southwest Quarter of Section 13, Township 107 North, Range 8 
West, Winona County, Minnesota; Beginning at the Southwest 
corner of Lot 28, Block 1 Woodhaven Estates, according to the 
recorded plat thereof on file and of record in the Office of 
County Recorder, Winona County, Minnesota; thence southerly 
deflecting to the right 90 degrees 00 minutes 00 seconds from 
the south line of said lot 28 a distance of 62 feet; thence 
northeasterly, deflecting to the left 94 degrees 54 minutes 30 
seconds a distance of 241.11 feet to the south line of said lot 
28; thence westerly deflecting to the left 165 degrees 05 
minutes 57 seconds a distance of 233 feet along the south line 
of said lot 28 to the point of beginning containing .17 acres.  
    Subd. 3.  That part of the Northwest Quarter of the 
Southeast Quarter and the Southwest Quarter of the Southeast 
Quarter, Section 10, Township 104 North, Range 4 West, Houston 
County, Minnesota, described as follows:  
 Commencing at a point 12 feet west of the southeast corner 
of Lot 7 of Block 12 of the original plat of Manton (now La 
Crescent) according to the plat thereof on file and of 
record in the office of the Register of Deeds in and for 
Houston County; thence southwesterly parallel with the west 
right of way line of the Chicago, Milwaukee, St. Paul and 
Pacific Railroad Company 380 feet; thence south 30 feet to 
said west right of way line; thence south 280.10 feet to 
the east right of way line of said railroad company; thence 
southwesterly along said east right of way line 275 feet to 
a concrete monument which is the point of beginning of Line 
1; thence deflect to the left at an angle of 111 degrees 00 
minutes 00 seconds and run along said Line 1 to a line 
drawn parallel with and distant 500 feet southeasterly of 
the center line of the westerly main track of said railroad 
company; thence run southwesterly on said 500 foot parallel 
line to its intersection with a line drawn parallel with 
and distant 600 feet southerly of said Line 1; thence run 
westerly on said 600 foot parallel line and its westerly 
extension to an intersection with the easterly right of way 
line of said railroad company and the point of beginning; 
thence deflect to the left 109 degrees 28 minutes 45 
seconds a distance of 323.15 feet; thence deflect right 13 
degrees 24 minutes 51 seconds a distance of 116.73 feet to 
the easterly right of way of said railroad company; thence 
northwesterly along said easterly right of way line a 
distance of 437.53 feet to the point of beginning; 
containing 0.1 acres. 
    Subd. 4.  That part of the East Half of the Northeast 
Quarter of the Southwest Quarter, the Northwest Quarter of the 
Northeast Quarter of the Southwest Quarter and the Southeast 
Quarter of the Northwest Quarter of Section 32, Township 104 
North, Range 8 West, Fillmore County, Minnesota, described as 
follows:  
 Commencing at the northwest corner of said East Half of the 
Northeast Quarter of the Southwest Quarter; thence on an 
assumed bearing of North 89 degrees 03 minutes 59 seconds 
East, 84.21 feet along the north line of said East Half of 
the Northeast Quarter of the Southwest Quarter to the point 
of beginning; 
 thence South 39 degrees 47 minutes 47 seconds East, 
148.84 feet; 
 thence South 86 degrees 44 minutes 50 seconds West, 
354.40 feet; 
 thence North 03 degrees 48 minutes 58 seconds West, 
389.43 feet; 
 thence South 89 degrees 39 minutes 18 seconds East, 
731 feet, more or less, to the center line of County State 
Aid Highway 25;  
 thence southerly along said center line 255 feet, more 
or less, to the north line of said East Half of the 
Northeast Quarter of the Southwest Quarter;  
 thence South 89 degrees 03 minutes 59 seconds West, 
529.31 feet along the north line of said East Half of the 
Northeast Quarter of the Southwest Quarter to the point of 
beginning; containing 5.3 acres, more or less.  
    Sec. 28.  [CONVEYANCE OF STATE LANDS TO RENVILLE COUNTY.] 
    Subdivision 1.  [PICNIC GROUNDS AREA OF BIRCH COULEE 
BATTLEFIELD STATE HISTORIC SITE.] The director of the Minnesota 
historical society shall transfer and convey, by quit claim deed 
in the form the attorney general approves, to Renville county 
the picnic grounds area of Birch Coulee battlefield state 
historic site described in subdivision 2.  The conveyance shall 
contain a provision that the land shall revert to the state if 
the county fails to maintain and operate the area as a public 
park without jeopardy to the historical integrity of the 
battlefield area.  
    Subd. 2.  [DESCRIPTION.] The land authorized to be conveyed 
in subdivision 1 is situated in the state of Minnesota, county 
of Renville, and is further described as follows:  
 All that part of the NW 1/4 of the SW 1/4, Section 20, 
Township 113 North, Range 34 West, Renville County lying 
East of a line described as follows:  
 Starting at the West 1/4 corner Section 20 thence East 440' 
along the 1/4 line to the point of beginning of a line to 
be described; thence S 3:-30' W, 717'; thence S 54:-30' E, 
281'; thence S 2:-50' W, 448' to a point on the South line 
of the NW 1/4 of the SW 1/4, Section 20 and there 
terminating.  Said tract contains 25.1 acres, more or less. 
    Sec. 29.  [RESOURCE RECOVERY FACILITIES.] 
    Subdivision 1.  A resource recovery facility that reclaims, 
burns, uses, processes, or disposes of more than 1,000 tons 
average daily throughput of mixed municipal solid waste may not 
be constructed within the boundaries of a city of the first 
class having a population in excess of 300,000 unless the city 
council approves the construction by a four-fifths vote.  
    Subd. 2.  Provided all environmental laws or regulations 
administered by the Minnesota pollution control agency or 
federal agencies are followed, and notwithstanding any ordinance 
or municipal land use plan to the contrary, Hennepin County may 
acquire land and construct one or two resource recovery 
facilities, each not to exceed 1,000 tons average daily 
throughput within the county; provided however, a resource 
recovery facility shall not be built at the "west riverbank" 
site in the city of Minneapolis as identified in the final 1983 
report of the city-county resource recovery siting committee. In 
choosing the two sites, Hennepin County shall fully consult in 
good faith with any affected municipality.  In selecting sites, 
the county board shall evaluate reasonable alternatives for the 
resource recovery facilities, including any outside the city of 
Minneapolis.  
    Sec. 30.  Minnesota Statutes 1982, section 3.099, 
subdivision 2, is amended to read: 
    Subd. 2.  The compensation of each member of the 
legislature until the start of the legislative session in 1979 
shall be $8,400 per year.  Commencing with the start of the 
legislative session in 1979, the compensation of each member of 
the legislature shall be $16,500 per year.  Effective January 1, 
1980, the compensation of each member of the legislature will be 
$18,500 per year.  Commencing with the start of the legislative 
session in 1985, the compensation of each member of the 
legislature shall be $21,140 per year.  Effective January 1, 
1986, the compensation of each member of the legislature will be 
$22,350 per year.  
    Sec. 31.  Minnesota Statutes 1982, section 3.3005, is 
amended to read:  
    3.3005 [FEDERAL MONEY; EXPENDITURE REVIEW.] 
    Subdivision 1.  As used in this section, the term "state 
agency" means all agencies in the executive branch of state 
government, but does not include the Minnesota historical 
society, the University of Minnesota, state universities, or 
community colleges.  
    Subd. 2.  Except as provided in subdivision 4, A state 
agency shall not expend money received by it under any federal 
law for any purpose unless a request to spend federal money from 
that source for that purpose in that fiscal year has been 
submitted by the governor to the legislature as a part of his 
biennial budget request or as part of a supplementary or 
deficiency budget request, or unless specifically authorized by 
law or as provided by this section.  
    Subd. 3.  When a request to spend federal money has been 
included in the governor's budget or authorized by law as 
described in subdivision 2, but the amount of federal money 
received will require a state match greater than that included 
in the governor's budget request or authorized by law, the 
federal money that will require an additional state match shall 
not be allotted for expenditure until the state agency has first 
presented to the legislative advisory commission a request in 
the manner of a budget request and has received the 
recommendation of the commission on it.  Failure or refusal of 
the commission to make a recommendation promptly is deemed a 
negative recommendation requirements of subdivision 5 are met. 
    Subd. 4.  If federal money becomes available to the state 
for expenditure while the legislature is not in session, and the 
availability of money from that source or for that purpose or in 
that fiscal year could not reasonably have been anticipated and 
included in the governor's budget request, and an urgency 
requires that all or a portion of the money be allotted before 
the legislature reconvenes, all or a portion of the money may be 
allotted to a state agency after it has submitted to the 
legislative advisory commission a request in the manner of a 
budget request and has received the commission's recommendation 
on it.  Failure or refusal of the commission to make a 
recommendation within 30 days is deemed a negative 
recommendation the requirements of subdivision 5 are met. 
    Subd. 5.  Federal money that becomes available under 
subdivisions 3 and 4 may not be allotted until the commissioner 
of finance has first submitted the request to the 
members of the legislative advisory commission for their review 
and recommendation for further review.  If a recommendation is 
not made within ten days, no further review by the legislative 
advisory commission is required, and the commissioner shall 
approve or disapprove the request.  If the recommendation by any 
member is for further review the governor shall submit the 
request to the legislative advisory commission for its review 
and recommendation.  Failure or refusal of the commission to 
make a recommendation promptly is a negative recommendation.  
    Sec. 32.  Minnesota Statutes 1983 Supplement, section 
3.3026, subdivision 5, is amended to read: 
    Subd. 5.  [PUBLICATION.] The legislative reference library 
shall prepare a directory by January 1 June 30, 1985.  The 
directory shall be prepared in a format which the legislative 
reference library, in its descretion, believes is most efficient 
and beneficial to the user.  
    Sec. 33.  Minnesota Statutes 1982, section 3.351, is 
amended to read: 
    3.351 [LEGISLATIVE COMMISSION ON ENERGY.] 
    Subdivision 1.  [COMPOSITION.] The legislative commission 
on energy is composed of five senators of the majority party and 
three senators of the minority party appointed by the 
subcommittee on committees of the committee on rules and 
administration, and five representatives of the majority party 
and three representatives of the minority party appointed by the 
speaker of the house.  The commission shall be appointed by June 
1, 1980.  The commission shall elect a chairman from among its 
members.  
    Subd. 2.  [GENERAL DUTIES.] The commission shall:  
    (a) Make a continuing study of matters relating to energy 
supply and use in the state;  
    (b) Identify the potential for enhanced economic growth and 
job creation from increased energy efficiency and the production 
and utilization of renewable energy systems.  
    (c) Identify ways to assure the provision of necessary 
energy supplies to all Minnesotans;  
    (d) Coordinate resources and programs on energy 
conservation; and 
    (e) Review overall legislative policy concerning energy; 
and 
    (f) Review and comment on receipt and expenditure of money 
received by the state under federal law for energy programs. 
    Subd. 3.  [REVIEW OF PLANS TO RECEIVE AND SPEND FEDERAL 
ENERGY MONEY.] The plan for receipt and expenditure of money 
resulting from litigation or settlements of alleged violations 
of federal petroleum pricing regulations shall be submitted to 
the commission for review and comment prior to submission to the 
federal government; provided that, if the commission fails to 
review and comment within 30 days, the plan may be submitted 
without commission review.  The commission by resolution may 
request the governor or any state agency eligible to receive 
money from the federal government for other energy programs to 
submit a plan for expenditure to the commission for review and 
comment prior to submission to the federal government.  If the 
governor or the agency is required to submit a request to spend 
the money to the legislative advisory commission under section 
3.3005, the commission shall forward its comments to the 
legislative advisory commission for consideration during its 
preparation of a recommendation.  
    Subd. 4.  [ENERGY PLAN; REPORT TO LEGISLATURE.] The 
commission shall develop legislative energy plans based on the 
provisions of subdivision 2 and consistent with appropriate long 
term energy goals for Minnesota.  The plans shall be reported to 
the legislature no later than February 15 of each year.  
    Subd. 4 5.  [STAFF.] The commission shall use existing 
legislative facilities and staff. 
    Sec. 34.  Minnesota Statutes 1982, section 10.12, is 
amended to read:  
    10.12 [UNCOLLECTIBLE DRAFTS CANCELED.] 
    Subdivision 1.  When any draft or account for a sum in 
excess of $100 due to the state is found to be uncollectible by 
any department, it shall report such fact to the executive 
council, and the executive council may cancel such draft or 
account upon the approval of the attorney general.  
    Subd. 2.  When any draft or account for a sum of not more 
than $100 due to the state is found to be uncollectible by an 
agency, the agency head may cancel the draft or account upon the 
approval of the attorney general.  When drafts or accounts are 
canceled under this subdivision the head of the canceling agency 
shall send a certified list of them to the commissioner of 
finance, who shall enter the cancellations on the department of 
finance's records.  
    Sec. 35.  Minnesota Statutes 1982, section 10.14, is 
amended to read:  
    10.14 [CERTIFICATION BY EXECUTIVE SECRETARY.] 
    When any drafts or accounts are canceled by the executive 
council under sections 10.12 to 10.15 the executive secretary 
shall make a certified list thereof to the commissioner of 
finance and treasurer, whose duty it shall be to cancel the 
record thereof in their offices.  
    Sec. 36.  Minnesota Statutes 1982, section 10.15, is 
amended to read:  
    10.15 [TIME OF CANCELLATION.] 
    No draft or account for a sum in excess of $100 $500 shall 
be canceled until more than six three years after the issuance 
of such draft or the due date of such account, and nothing in 
sections 10.12 to 10.15 shall be construed as a cancellation or 
abandonment of the state's claim against the person or 
corporation against whom the canceled draft was drawn or account 
held, but the state shall nevertheless have authority to make 
collection thereof. 
    Sec. 37.  Minnesota Statutes 1983 Supplement, section 
10A.04, subdivision 4, is amended to read: 
    Subd. 4.  The report shall include such information as the 
board may require from the registration form and the following 
information for the reporting period: 
    (a) The lobbyist's total disbursements on lobbying and a 
breakdown of those disbursements into categories specified by 
the board, including but not limited to the cost of publication 
and distribution of each publication used in lobbying; other 
printing; media, including the cost of production; postage; 
travel; fees, including allowances; entertainment; telephone and 
telegraph; and other expenses; 
    (b) The amount and nature of each honorarium, gift, loan, 
item or benefit, excluding contributions to a candidate, equal 
in value to $20 $50 or more, given or paid to any public 
official by the lobbyist or any employer or any employee of the 
lobbyist.  The list shall include the name and address of each 
public official to whom the honorarium, gift, loan, item or 
benefit was given or paid and the date it was given or paid; and 
    (c) Each original source of funds in excess of $500 in any 
year used for the purpose of lobbying.  The list shall include 
the name, address and employer, or, if self-employed, the 
occupation and principal place of business, of each payer of 
funds in excess of $500. 
    Sec. 38.  Minnesota Statutes 1982, section 11A.08, 
subdivision 3, is amended to read:  
    Subd. 3.  [OFFICERS; MEETINGS.] The council shall annually 
elect a chairman and vice chairman from among its members, and 
may elect other officers as necessary.  The council shall meet 
at least every other month and upon the call of the chairman of 
the council or the chairman of the state board.  
    Sec. 39.  [13.88] [COMMUNITY DISPUTE RESOLUTION CENTER 
DATA.] 
    The guidelines shall provide that all files relating to a 
case in a community dispute resolution program are to be 
classified as private data on individuals, pursuant to section 
13.02, subdivision 12, with the following exceptions:  
    (1) When a party to the case has been formally charged with 
a criminal offense, the data are to be classified as public data 
on individuals, pursuant to section 13.02, subdivision 15.  
    (2) Data relating to suspected neglect or physical or 
sexual abuse of children or vulnerable adults are to be subject 
to the reporting requirements of sections 626.556 and 626.557.  
    Sec. 40.  Minnesota Statutes 1983 Supplement, section 
15A.081, subdivision 1, is amended to read:  
    Subdivision 1.  The governor shall set the salary rate 
within the ranges listed below for positions specified in this 
subdivision, upon approval of the legislative commission on 
employee relations and the legislature as provided by section 
43A.18, subdivisions 2 and 5: 
                                                Salary Range 
                                                  Effective 
                                                July 1, 1983 
Commissioner of education;                   $57,500-$70,000 
Commissioner of finance; 
Commissioner of transportation; 
Commissioner of public welfare; 
Chancellor, community college system; 
Chancellor, state university system; 
Director, vocational technical
  education
Executive director, state board of 
  investment; 
Commissioner of administration;              $50,000-$60,000 
Commissioner of agriculture; 
Commissioner of commerce;
Commissioner of corrections;  
Commissioner of economic security;  
Commissioner of employee relations;  
Commissioner of energy and economic 
  development;  
Commissioner of health;  
Commissioner of labor and industry;  
Commissioner of natural resources;  
Commissioner of revenue;
Commissioner of public safety;  
Chairperson, waste management board 
Chief hearing examiner; office of
  administrative hearings;
Director, pollution control agency;
Director, state planning agency;
Executive director, higher education  
  coordinating board;  
Executive director, housing finance 
  agency;  
Executive director, teacher's 
  retirement association;  
Executive director, state retirement  
  system;
Commissioner of human rights;                $40,000-$52,500
Director, department of public service; 
Commissioner of veterans' affairs; 
Executive director, educational 
  computing consortium; 
Executive director, environmental 
  quality board; 
Director, bureau of mediation services; 
Commissioner, public utilities commission; 
Member, transportation regulation board; 
Chairperson, waste management board; 
Director, zoological gardens. 
    Sec. 41.  Minnesota Statutes 1983 Supplement, section 
15A.081, subdivision 6, is amended to read: 
    Subd. 6.  The following salaries are provided for the 
constitutional officers of the state:  
                                         Effective     Effective
                                           July 1      January 1
                                            1983         1985
Governor                                  $75,000       $84,560
Attorney general                           62,500        66,060
Lieutenant governor                        44,000        46,510
Auditor                                    48,000        50,740
Secretary of state                         44,000        46,510
Treasurer                                  44,000        44,000
    The salaries of the chief deputy attorney general, deputy 
auditor, deputy secretary of state and deputy treasurer shall be 
set by their superior constitutional officer and may be up to 95 
percent of the salaries of their respective superior 
constitutional officers. 
    Sec. 42.  Minnesota Statutes 1983 Supplement, section 
15A.082, is amended to read: 
    15A.082 [COMPENSATION COUNCIL.] 
    Subdivision 1.  [CREATION.] A compensation council is 
created each even-numbered year to assist the legislature in 
establishing the compensation of constitutional officers, 
members of the Minnesota legislature, justices of the supreme 
court, and judges of the court of appeals, district court, 
county court, and county municipal court.  
    Subd. 2.  [MEMBERSHIP.] The compensation council consists 
of 16 members:  two members of the house of representatives 
appointed by the speaker of the house of representatives; two 
members of the senate appointed by the majority leader of the 
senate; one member of the house of representatives appointed by 
the minority leader of the house of representatives; one member 
of the senate appointed by the minority leader of the senate; 
two nonjudges appointed by and serving at the pleasure of the 
chief justice of the supreme court; and one member from each 
congressional district appointed by and serving at the pleasure 
of the governor, of whom no more than four may belong to the 
same political party.  The compensation and removal of members 
appointed by the governor or the chief justice shall be as 
provided in section 15.059, subdivisions 3 and 4.  The 
legislative coordinating commission shall provide the council 
with administrative and support services.  
    Subd. 3.  [SUBMISSION OF PLAN RECOMMENDATIONS.] By January 
1, 1984 in each odd-numbered year, the compensation council 
shall submit to the speaker of the house of representatives and 
the president of the senate recommended salary plans 
recommendations for constitutional officers, legislators, 
justices of the supreme court, and judges of the court of 
appeals, district court, county court, and county municipal 
court.  Unless the plans for constitutional officers and 
legislators are expressly modified or rejected in a bill passed 
by the legislature and signed by the governor, the salary plans 
shall take effect on January 1, 1985 if prior to that date an 
appropriation of funds to pay salaries as recommended in the 
plan is enacted.  Unless the plan for judges is expressly 
modified or rejected in a bill passed by the legislature, the 
plan shall take effect on July 1, 1984, if the legislature 
appropriates funds to pay the salaries proposed in the plan.  
The recommended salary adjustments must occur only once, on the 
effective date of the plan.  They may not include periodic 
adjustments.  The salary recommendations for legislators, 
judges, and constitutional officers take effect on the first 
Monday in January of the next odd-numbered year, if an 
appropriation of money to pay the recommended salaries is 
enacted after the recommendations are submitted and before their 
effective date.  Recommendations may be expressly modified or 
rejected by a bill enacted into law.  The salary plan 
recommendations for legislators shall be are subject to 
additional terms that may be adopted according to section 3.099, 
subdivisions 1 and 3.  
    Subd. 4.  [CRITERIA.] In making compensation 
recommendations, the council shall consider the amount of 
compensation paid in government service and the private sector 
to persons with similar qualifications, the amount of 
compensation needed to attract and retain experienced and 
competent persons, and the ability of the state to pay the 
recommended compensation.  In making recommendations for 
legislative compensation, the council shall also consider the 
average length of a legislative session, the amount of work 
required of legislators during interim periods, and 
opportunities to earn income from other sources without 
neglecting legislative duties.  
    Subd. 5.  [CONFLICTS.] Salaries established by the 
legislature under the procedures specified in subdivision 3 
shall take precedence over salaries listed in Minnesota 
Statutes, sections 3.099, 15A.081, and 15A.083 in the event of 
conflict.  
    Subd. 6.  [EXPIRATION.] The Each compensation council shall 
expire on June 30, 1984 upon submission of the recommendations 
required by subdivision 3. 
    Sec. 43.  Minnesota Statutes 1983 Supplement, section 
15A.083, subdivision 1, is amended to read: 
    Subdivision 1.  [ELECTIVE JUDICIAL OFFICERS.] The following 
salaries shall be paid annually to the enumerated elective 
judicial officers of the state: 
                             Effective             Effective
                              July 1,               July 1,
                               1983                  1984
                                                  January 1,
                                                     1985 
 (1) Chief justice of the   
     supreme court           $70,000               $73,700 
(2) Associate justice of 
     the supreme court        65,000               $68,400 
3) Chief judge of the 
     court of appeals         62,500               $65,800 
(4) Judge of the 
     court of appeals         60,000               $63,100 
(5) District judge, 
     judge of county court 
     probate court, and 
     county municipal court   55,000               $60,500 
    Sec. 44.  Minnesota Statutes 1982, section 16.02, is 
amended by adding a subdivision to read: 
    Subd. 30. [ENERGY CONSERVATION INCENTIVES.] Notwithstanding 
any other law to the contrary, fuel cost savings resulting from 
energy conservation actions shall be available at the managerial 
level at which the actions took place for expenditure for other 
purposes within the biennium in which the actions occur or in 
the case of a shared savings agreement for the contract period 
of the shared savings agreement.  For purposes of this 
subdivision "shared savings agreement" means a contract meeting 
the terms and conditions of subdivision 29.  
    Sec. 45.  Minnesota Statutes 1982, section 16.026, 
subdivision 3, is amended to read:  
    Subd. 3.  [PRESCRIBE FEES.] The commissioner of 
administration may prescribe a schedule of fees to be charged 
for services rendered by the state or any department or agency 
thereof in furnishing to applicants therefor certified copies of 
records or other documents, certifying as to the nonexistence of 
such records or documents, and for such other reports, 
publications, or related material as may be applied for.  The 
fees so prescribed by the commissioner of administration, unless 
the same are otherwise prescribed by law, shall be in an amount 
as nearly as may be to the fees prescribed by chapter 357, for 
like or similar services; if there are no fees so prescribed by 
said chapter for a like or similar service, then the 
commissioner may establish a fee which shall be commensurate 
with the cost of furnishing such service may be fixed at the 
market rate.  The commissioner of finance shall approve the 
estimated market rates if the resulting fees, in total, are 
estimated to produce receipts in the appropriate fund greater 
than costs.  Nothing herein contained shall authorize the 
commissioner of administration to furnish any service which is 
now prohibited or unauthorized by law. 
    Sec. 46.  Minnesota Statutes 1982, section 16.026, 
subdivision 7, is amended to read:  
    Subd. 7.  [RULES.] The powers conferred herein to the 
commissioner of administration are in addition to those powers 
and duties prescribed by section 16.02.  The commissioner of 
administration shall promulgate rules and regulations for the 
purposes of carrying out the duties herein imposed upon him, 
except for prescribing the schedule of fees, but no such rule or 
regulation shall in any way limit the subject matter of any 
report or publication of any department or agency required to be 
made or authorized by law. 
    Sec. 47.  Minnesota Statutes 1982, section 16.081, is 
amended to read: 
    16.081 [CITATION AND PURPOSE.] 
    Sections 16.081 to 16.086 may be cited as the "Minnesota 
small business procurement act."  These sections prescribe 
procurement practices and procedures to assist in the economic 
development of small businesses and small businesses owned and 
operated by socially or economically disadvantaged persons.  
    Sec. 48.  Minnesota Statutes 1983 Supplement, section 
16.083, is amended to read:  
    16.083 [PROCUREMENT DESIGNATION OF PROCUREMENTS FROM SMALL 
BUSINESSES.] 
    Subdivision 1.  [SMALL BUSINESS AND MINNESOTA CORRECTIONAL 
INDUSTRIES SET-ASIDES PROCUREMENTS.] The commissioner of 
administration shall for each fiscal year designate and set 
aside for awarding to ensure that small businesses and Minnesota 
correctional industries receive a total of approximately at 
least 25 percent of the value of anticipated total state 
procurement of goods and services, including printing and 
construction.  The commissioner shall divide the procurements so 
designated into contract award units of economically feasible 
production runs in order to facilitate offers or bids from small 
businesses and Minnesota correctional industries.  In making his 
the annual designation of set-aside such procurements the 
commissioner shall attempt (1) to vary the included procurements 
so that a variety of goods and services produced by different 
small businesses shall be set aside are obtained each year, and 
(2) to designate set-aside small business procurements in a 
manner that will encourage proportional distribution of 
set-aside such awards among the geographical regions of the 
state.  To promote the geographical distribution of set-aside 
awards, the commissioner may designate a portion of the small 
business set-aside procurement for award to bidders from a 
specified congressional district or other geographical region 
specified by the commissioner.  The failure of the commissioner 
to set aside designate particular procurements shall not be 
deemed to prohibit or discourage small businesses or Minnesota 
correctional industries from seeking the procurement award 
through the normal solicitation and bidding processes. 
    Subd. 1a.  [CONSULTANT, PROFESSIONAL AND TECHNICAL 
PROCUREMENTS.] Every state agency shall for each fiscal year 
designate and set aside for awarding to small businesses with 
their principal place of business in Minnesota approximately at 
least 25 percent of the value of anticipated procurements of 
that agency for consultant services or professional and 
technical services. The set-aside under this subdivision is in 
addition to that provided by subdivision 1, but shall otherwise 
comply with section 16.098 and the set-aside for businesses 
owned and operated by socially or economically disadvantaged 
persons.  At least six percent of all these procurements for 
consultant services or professional or technical services shall 
be set aside for small businesses owned and operated by socially 
or economically disadvantaged persons.  
    Subd. 2.  [NEGOTIATED PRICE OR BID CONTRACT.] The 
commissioner may elect to use either a negotiated price or bid 
contract procedure as may be appropriate in the awarding of a 
procurement contract under the set-aside or preference program 
established in sections 16.081 to 16.086.  The amount of an 
award shall not exceed by more than five percent the 
commissioner's estimated price for the goods or services, if 
they were to be purchased on the open market and not under this 
set-aside program. Surety bonds guaranteed by the federal small 
business administration and second party bonds shall be 
acceptable security for a construction award under this section. 
    Subd. 3.  [DETERMINATION OF ABILITY TO PERFORM.] Before 
announcing a set-aside making an award under the set-aside or 
preference programs for small businesses owned and operated by 
socially or economically disadvantaged persons, the commissioner 
shall evaluate whether the small business or Minnesota 
correctional industry scheduled to receive the award is able to 
perform the set-aside contract.  This shall be done in 
consultation with an authorized agent of the Minnesota 
correctional industries program.  This determination shall 
include consideration of production and financial capacity and 
technical competence. 
    Subd. 4.  [PREFERENCE TO AND SET-ASIDE PROGRAM FOR SMALL 
BUSINESSES OWNED AND OPERATED BY SOCIALLY OR ECONOMICALLY 
DISADVANTAGED PERSONS.] At least 24 six percent of the value of 
the all procurements designated for set-aside awards shall be 
awarded set-aside, if possible, for award to businesses owned 
and operated by socially or economically disadvantaged persons.  
In addition, three percent of the value of all procurements 
shall be designated for award under the preference program 
provided for below.  The commissioner shall designate set-aside 
procurements in a manner that will encourage proportional 
distribution of set-aside awards among the geographical regions 
of the state.  To promote the geographical distribution of 
set-aside awards, the commissioner may designate a portion of 
the set-aside for small businesses owned and operated by 
socially or economically disadvantaged persons for award to 
bidders from a specified congressional district or other 
geographical region specified by the commissioner.  The 
commissioner may allow small businesses owned and operated by 
socially or economically disadvantaged persons a five percent 
preference in the bid amount on selected state procurements. The 
commissioner may promulgate rules relative to the set-aside and 
preference programs provided for in this subdivision.  In the 
event small businesses owned and operated by socially or 
economically disadvantaged persons are unable to perform at 
least 24 percent of the set-aside awards, the commissioner shall 
award the balance of the set-aside contracts to other small 
businesses.  At least 50 percent of the value of the 
procurements awarded to businesses owned and operated by 
socially or economically disadvantaged persons shall actually be 
performed by the business to whom the award is made or another 
business owned and operated by a socially or economically 
disadvantaged person or persons.  The commissioner shall not 
designate more than 20 percent of any commodity class for 
set-aside to businesses owned and operated by socially or 
economically disadvantaged persons.  A business owned and 
operated by socially or economically disadvantaged persons that 
has been awarded more than five percent three-tenths of one 
percent of the value of the total anticipated set-aside 
procurements for a fiscal year under this subdivision is 
disqualified from receiving further set-aside awards or 
preference advantages for that fiscal year.  
    Subd. 4a.  [CONTRACTS IN EXCESS OF $200,000; SET-ASIDE.] 
The commissioner as a condition of awarding state procurements 
for construction contracts or approving contracts for 
consultant, professional, or technical services pursuant to 
section 16.098 in excess of $200,000 shall require that at least 
ten percent of the contract award to a prime contractor be 
subcontracted to a business owned and operated by a socially or 
economically disadvantaged person or persons.  Any 
subcontracting pursuant to this subdivision shall not be 
included in determining the total amount of set-aside awards 
required by subdivisions 1, 1a, and 4, or any preference program 
authorized by the commissioner pursuant to section 16.085.  In 
the event small businesses owned and operated by socially and 
economically disadvantaged persons are unable to perform ten 
percent of the prime contract award, the commissioner shall 
require that other small businesses perform at least ten percent 
of the prime contract award.  The commissioner may determine 
that small businesses owned and operated by socially and 
economically disadvantaged persons are unable to perform at 
least ten percent of the prime contract award prior to the 
advertising for bids.  Each construction contractor bidding on a 
project over $200,000 shall submit with the bid a list of the 
businesses owned and operated by socially or economically 
disadvantaged persons that are proposed to be utilized on the 
project with a statement indicating the portion of the total bid 
to be performed by each business.  The commissioner shall reject 
any bid to which this subdivision applies that does not contain 
this information.  Prime contractors receiving construction 
contract awards in excess of $200,000 shall furnish to the 
commissioner the name of each business owned and operated by a 
socially or economically disadvantaged person or persons or 
other small business that is performing work on the prime 
contract and the dollar amount of the work performed or to be 
performed. 
     This subdivision does not apply to prime contractors that 
are themselves small businesses owned and operated by socially 
or economically disadvantaged persons, as duly certified 
pursuant to section 16.085.  
    Subd. 4b.  [PREFERENCE TO MINNESOTA CORRECTIONAL 
INDUSTRIES.] At least 15 percent of the value of procurements 
designated for set-aside awards shall be awarded, if possible, 
to Minnesota correctional industries, established and under the 
control of the commissioner of corrections under section 241.27, 
for the variety of goods and services produced by the Minnesota 
correctional industries, unless the commissioner of corrections 
acting through an authorized agent certifies that Minnesota 
correctional industries cannot provide them.  If the 
correctional industries are unable to perform at least 15 
percent of the set-aside awards, the commissioner shall award 
the balance of the set-aside contracts to small businesses.  
    Subd. 5.  [RECOURSE TO OTHER BUSINESSES.] In the event that 
subdivisions 1 to 4b 4a do not operate to extend a contract 
award to a small business or the Minnesota correctional 
industries, the award shall be placed pursuant to the normal 
solicitation and award provisions set forth in this chapter.  
The commissioner shall thereupon designate and set aside for 
small businesses or the Minnesota correctional industries 
additional state procurements corresponding in approximate value 
to the contract unable to be awarded pursuant to subdivisions 1 
to 4b 4a. 
    Subd. 6.  [PROCUREMENT PROCEDURES.] All laws and rules 
pertaining to solicitations, bid evaluations, contract awards 
and other procurement matters shall apply as consistent to 
procurements set aside designated for small businesses or 
Minnesota correctional industries.  In the event of conflict 
with other rules, the provisions of sections 16.081 to 16.086 
and rules promulgated pursuant thereto shall govern. 
    Sec. 49.  Minnesota Statutes 1983 Supplement, section 
16.28, subdivision 2, is amended to read:  
    Subd. 2.  [PURCHASES OVER $100.] Purchases may also be made 
under subdivision 1, clause (17) when the amount involved 
exceeds $100 if:  
   (1) the purchases are made in accordance with rules adopted 
pursuant to section 16.085;  
    (2) the agency making the purchases has adopted a plan to 
make ten percent of the purchases on an annual basis from 
businesses owned and operated by socially and economically 
disadvantaged persons and to make purchases from vendors 
throughout the state for any agency that has offices located 
statewide, and to make purchases from local vendors by agency 
offices.  If an agency plan does not provide for making the ten 
percent of purchases required, it must submit to the 
commissioner written evidence of the agency's good faith effort 
to locate vendors that are businesses owned and operated by 
socially or economically disadvantaged persons.  The 
commissioner of administration may promulgate temporary rules 
that will define, for purposes of this section, what constitutes 
a "good faith effort."  Before the commissioner approves any 
agency plan that provides for less than ten percent purchases 
from socially and economically disadvantaged vendors, the plan 
must be provided to the small business advisory council for its 
review;  
    (3) (2) the amount involved does not exceed $1,000 from 
July 1, 1983 to June 30, 1984, and $1,500 on and after July 1, 
1984; and 
    (4) (3) the purchases are made after solicitation of at 
least three price quotations, whenever possible, which may be 
oral quotations, but of which the agency must keep a written 
record. 
    Sec. 50.  Minnesota Statutes 1982, section 16.80, 
subdivision 1, is amended to read:  
    Subdivision 1.  All fees prescribed pursuant to section 
16.026, subdivision 3, for the rendering of the services therein 
provided shall be deposited in the state treasury by the 
collecting department or agency and credited to the general 
services revolving fund. 
    All moneys in the state treasury credited to the general 
services revolving fund and any moneys which may hereafter be 
deposited therein are appropriated annually to the commissioner 
of administration for the following purposes: 
    (a) The operation of a central store and equipment service; 
    (b) The operation of a central duplication and reproduction 
service; 
    (c) The purchase of postage and related items, and the 
refund of postage deposits, necessary to the operation of a 
central mailing service; 
    (d) The operation of a documents service as prescribed by 
section 16.026; 
    (e) The performing of services for any other state 
department or agency.  Money shall be expended for this purpose 
only when directed by the governor.  The department or agency 
receiving the services shall reimburse the fund for their cost, 
and the commissioner shall make the appropriate transfers when 
requested.  The term "services" as used in this clause means 
compensation paid officers and employees of the state 
government; supplies, materials, equipment and other articles 
and things used by or furnished to any department or agency of 
the state government; and utility services, including telephone, 
telegraph, postal, electric light and power, and other services 
for the maintenance, operation and upkeep of buildings and 
offices of the state government.  All moneys in the computer 
services revolving fund are appropriated annually to the 
commissioner of administration for the operation of the division 
of computer services. 
    Except as specifically provided for by other statutory 
provisions, each department or agency shall reimburse the 
computer services and general services revolving funds for the 
cost of all services, supplies, materials, labor and 
depreciation of equipment including reasonable overhead costs 
which the commissioner of administration is authorized and 
directed to furnish a department or agency.  The cost of all 
publications or any other materials which may be produced by the 
commissioner of administration and financed from the general 
services revolving fund shall include reasonable overhead 
costs.  The commissioner of finance shall make appropriate 
transfers to the revolving funds described in this section when 
requested by the commissioner of administration.  The 
commissioner of administration may make allotments, 
encumbrances, and, with the approval of the commissioner of 
finance, disbursements in anticipation of such transfers.  In 
addition, the commissioner of administration, with the approval 
of the commissioner of finance, may require a department or 
agency to make advance payments to any of the aforesaid 
revolving funds sufficient to cover the department's or agency's 
estimated obligation for a period of at least 60 days.  All such 
reimbursements and any other moneys received by the commissioner 
of administration under this section shall be deposited in the 
appropriate revolving fund.  Earnings in the fund established to 
account for the documents service prescribed by section 16.026 
at the end of a fiscal year, not otherwise needed for present or 
future operations, as determined by the commissioners of 
administration and finance, shall be transferred to the general 
fund.  
    Sec. 51.  Minnesota Statutes 1982, section 16A.04, 
subdivision 1, is amended to read:  
    Subdivision 1.  The department of finance shall prepare a 
biennial budget and a ten four year cash receipts and 
disbursement projection in consultation with the commissioner of 
administration projections on revenues and expenditures under 
the supervision of the governor.  In even numbered years 
immediately before the inauguration of a new governor, such the 
budget and a ten four year cash receipts and disbursement 
projection projections on revenues and expenditures shall be 
prepared under the supervision of the governor-elect.  
    Sec. 52.  Minnesota Statutes 1982, section 16A.04, 
subdivision 4, is amended to read:  
    Subd. 4.  The department commissioner of finance may make 
rules and regulations governing the powers, duties, and 
responsibilities transferred given to it the department of 
finance or the commissioner under the terms of Laws 1973, 
Chapter 492 state law.  
    Sec. 53.  Minnesota Statutes 1982, section 16A.06, is 
amended to read:  
    16A.06 [OTHER POWERS.] 
    The commissioner of finance: 
    (1) Shall require each department in the executive branch 
to prepare financial reports in such form, and to be made at 
such intervals, as he may prescribe which will permit 
administrative and legislative comparisons of spending plans in 
relation to appropriations for programs and activities; 
    (2) Shall formulate and prescribe a system of measuring the 
effect of fund expenditures which will permit the evaluation and 
comparisons of the cost of functions or programs; 
    (3) Shall require each department to state in writing 
objectives of each activity or function authorized against which 
performance may be measured.  The objectives shall be specific 
as to amount and time and for a period including the current and 
the following biennium and reported at such times and in such 
form as the commissioner shall direct; 
    (4) Shall require the department of revenue and other 
departments in the executive branch to report at his designated 
intervals concerning estimates of income and receipts whether 
from taxes or otherwise, and use such information in evaluating 
the financial condition and affairs of the state; 
    (5) Shall make such reports concerning the financial 
affairs of the state as the governor or the commissioner of 
administration may direct in addition to such reporting as may 
be otherwise prescribed by law; 
    (6) Shall require such reports and other information of the 
state treasurer and other departments and agencies in the 
executive branch as will permit formulation of policy on all 
fiscal and financial matters of state government.  
    Sec. 54.  Minnesota Statutes 1982, section 16A.065, is 
amended to read:  
    16A.065 [ADVANCE PAYMENTS AND DEPOSITS.] 
    Notwithstanding any other law to the contrary, the 
commissioner of finance may allow advance deposits or payments 
by any department for the procurement of software or software 
maintenance services for state-owned or leased electronic data 
processing equipment and for newspaper, magazine, and other 
subscription fees customarily paid for in advance.  
    Sec. 55.  Minnesota Statutes 1983 Supplement, section 
16A.125, subdivision 5, is amended to read:  
    Subd. 5.  The term "state forest trust fund lands" as used 
in this subdivision, means any state school lands or other 
public lands subject to trust provisions under the state 
constitution and heretofore or hereafter set apart as forest 
lands under the authority of the commissioner as defined by 
section 89.001, subdivision 13. 
    The commissioner of finance and the state treasurer shall 
keep a separate account of all receipts from the sale of timber 
or other revenue from such state forest trust fund lands, to be 
known as the state forest suspense account, specifying the trust 
funds interested in such lands and the receipts therefrom, 
respectively. 
    As soon as practicable after the close of each fiscal 
quarter year, upon information which shall be supplied by the 
commissioner of natural resources, the commissioner of finance 
shall determine and certify the total costs incurred by the 
state during that quarter year under appropriations made for the 
protection, improvement, administration, and management of state 
forest trust fund lands for forestry purposes as authorized by 
law, specifying the trust funds interested in such lands. 
    As soon as practicable after the end of each fiscal year, 
the commissioner of finance and the state treasurer shall 
distribute the receipts credited to the state forest suspense 
account during that fiscal year as follows: 
    (1) The total costs incurred by the state for forest 
management purposes during the fiscal year as certified in this 
subdivision shall be transferred to the state forest development 
account, except that if the total costs exceed $500,000, the 
costs in excess of $500,000 shall be transferred to the forest 
management fund established under section 89.04.  
      (2) The balance of said receipts shall be transferred to 
the state trust funds concerned in accordance with their 
respective interests in the lands from which the receipts were 
derived. 
    All moneys accruing and credited to the state forest 
development account are appropriated to the division of forestry 
in the department of natural resources, subject to the 
supervision and control of the commissioner of natural 
resources, for the purpose of implementing the state forest 
resource management policy and plan on state forest trust fund 
lands, to remain available until expended.  
    All appropriations under this subdivision shall be expended 
subject to the provisions of law.  No appropriation shall become 
available for expenditure until any estimates required by law 
are approved by the commissioner of finance.  No obligation 
involving expenditure of money shall be entered into unless 
there is a balance in the appropriation available not otherwise 
encumbered to pay obligations previously incurred.  
    Sec. 56.  Minnesota Statutes 1982, section 16A.125, 
subdivision 6, is amended to read:  
    Subd. 6.  The term "state trust fund lands," as used in 
this section, means any state school lands or other public lands 
subject to trust provisions under the state constitution.  
    Beginning July 1, 1955, the commissioner of finance and the 
state treasurer shall keep a separate account of all receipts 
derived from the royalties on, or the sale or lease of, any 
minerals from such trust fund lands to be known as the state 
lands and minerals suspense account, specifying the trust funds 
interested in such lands and the receipts therefrom, 
respectively.  
    As soon as practicable after the close of each fiscal 
quarter year after July 1, 1955, the commissioner of finance, 
upon the information supplied by the commissioner of natural 
resources, which the commissioner of natural resources is 
herewith directed to furnish, shall determine and certify to the 
commissioner of finance and the state treasurer the total costs 
incurred by the state during such quarter year under 
appropriations heretofore made for the administration and 
management of such trust fund lands by the division of lands and 
forestry, or any other agency so administering and managing, 
specifying the trust funds interested in such lands, 
respectively. 
    As soon as practicable after the end of each fiscal year 
beginning with the year ending June 30, 1956, the commissioner 
of finance and the state treasurer shall distribute the receipts 
credited to the state lands and minerals suspense account during 
such fiscal year as follows: 
    All of the costs incurred by the state for the purposes 
aforesaid during such fiscal year and certified as hereinbefore 
provided, shall be transferred to the general fund as 
reimbursement for appropriations heretofore made for the 
purposes aforesaid.  The balances of said receipts shall be 
transferred to the state trust funds concerned in accordance 
with their respective interests in the minerals from which the 
receipts were derived. 
    Sec. 57.  Minnesota Statutes 1983 Supplement, section 
16A.127, subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] As used in this section the 
following terms shall have the meanings given them: 
    (a) "State agency" means a state department, board, 
council, committee, authority, commission or other entity in the 
executive branch of state government; 
    (b) "Nongeneral fund moneys" means any moneys any state 
agency is authorized to receive and expend from a source other 
than the general fund; 
    (c) "Statewide indirect costs" means all operating costs 
incurred by the state treasurer and all departments and agencies 
which are attributable to the provision of services to any other 
state agency; except as prohibited by federal law, "statewide 
indirect costs" these operating costs include all operating 
their proportionate share of costs incurred by the legislative 
and judicial branches of state government; 
    (d) "Commissioner" means the commissioner of finance. 
    Sec. 58.  Minnesota Statutes 1982, section 16A.13, 
subdivision 1, is amended to read:  
    Subdivision 1.  [CREATION TREASURER AS CUSTODIAN; BOND.] 
There is hereby created and established the Victory Tax Fund in 
which shall be deposited all deductions made pursuant to this 
section.  The state treasurer shall be ex-officio is the 
custodian of all moneys deposited with him to the credit of the 
victory tax fund and his general for federal tax withheld from 
the pay of any officer or employee of the state of Minnesota. 
The treasurer's bond to the state shall cover all the liability 
for his the custodian's acts as custodian thereof.  Such moneys 
shall be The deposits are subject to all provisions of law 
governing the laws on keeping and disbursement of paying out 
state moneys, so far as applicable, except as otherwise herein 
provided money.  
    Sec. 59.  Minnesota Statutes 1982, section 16A.13, 
subdivision 2, is amended to read:  
    Subd. 2.  [COMMISSIONER TO ACT AS FEDERAL AGENT FOR THE 
UNITED STATES.] The commissioner of finance is authorized and 
empowered to may cooperate with and act as agent for the United 
States of America in the collection of any collecting federal 
tax now or hereafter imposed by the United States of America 
upon any officer or employee of the state of Minnesota or his 
salary or wages which is to be collected by withholding it from 
the salary or wages of the officer or employee from the pay of 
employees.  The head of each department of the state 
commissioner of finance is hereby required to cause such tax to 
be withheld by causing the necessary deduction to be made from 
the salary or wages of each of said persons on every payroll 
abstract and to approve one voucher warrant payable to the state 
treasurer, custodian, victory tax fund, for the aggregate amount 
so deducted from the salaries or wages covered by said payroll 
abstract, provided that deductions from salaries or wages of 
officers or employees paid direct by any institution or agency 
of the state shall be made by the officer or employee authorized 
by law to pay such salaries or wages.  Whenever an error has 
been made with respect to a deduction hereunder, proper 
adjustment shall be made by decreasing or increasing subsequent 
deductions.  All warrants and checks for deductions hereunder 
shall be remitted promptly to the state treasurer who shall 
deposit the amount thereof to the credit of the victory tax 
fund.  The money so deposited with the state treasurer shall be 
paid out upon authorization of the commissioner of finance by 
state warrant payable to the proper federal authority or such 
other person as may be authorized by law of the United States of 
America to receive the same.  Such portion of said fund as may 
be The money necessary to discharge the obligation of the State 
of Minnesota to the United States of America now or hereafter 
imposed by any law of the United States of America requiring 
deductions from salaries or wages is hereby appropriated for 
such purpose.  
    Sec. 60.  Minnesota Statutes 1982, section 16A.131, 
subdivision 1, is amended to read:  
    Subdivision 1.  Every officer and employee of the state may 
purchase and pay for bonds, stamps, and other securities issued 
by the federal government by directing in writing to the 
appropriate officer of the department where he is employed that 
deductions of the amount specified by him be made from his 
salary.  The head of each department of the state commissioner 
of finance is hereby required to cause such deduction to be made 
from the salary of each said persons on every payroll abstract 
and to approve one voucher warrant payable to the state 
treasurer for the aggregate amount so deducted from the salaries 
covered by said payroll abstract, provided that deductions from 
salaries of officers or employees paid direct by any institution 
or agency of the state shall be made by the officer or employee 
authorized by law to pay such salaries, and remitted by him to 
the director by check payable to the state treasurer with a 
statement showing the amount of each of such deductions and the 
names of the officers and employees on whose account the same 
have been made.  The money so deposited with the state treasurer 
shall be paid out on authorization of the governor commissioner 
by state warrant payable to the proper federal authority or to 
the officer or employee from whose salary the money was 
deducted, as the case may require. 
    Sec. 61.  Minnesota Statutes 1982, section 16A.14, 
subdivision 2, is amended to read:  
    Subd. 2.  [FUNDS TO WHICH SYSTEM APPLIES.] Except as 
otherwise expressly provided therein, the provisions of this 
chapter relating to the allotment system and to the encumbering 
of funds shall apply to appropriations and funds of all kinds, 
including standing or annual appropriations and dedicated funds 
from which expenditures are to be made, from time to time, by or 
under the authority of any agency, but shall not apply to 
appropriations for the courts or the legislature, nor to payment 
of unemployment compensation benefits nor to the funds deposited 
in the state treasury for disbursement by the commissioner of 
transportation when acting as the agent of a political 
subdivision pursuant to law.  In the case of construction or 
other permanent improvement contracts and transactions for the 
acquisition of real estate, equipment, repair, rehabilitation, 
appurtenances or utility systems to be used for public purposes, 
where periodical allotments are impracticable, the commissioner 
may dispense therewith and prescribe such regulations as will 
insure proper application and encumbering of funds.  Contingent 
funds appropriated for the governor or the attorney general 
shall not be subject to the provisions thereof relating to 
allotment, but shall be subject to the other provisions thereof 
relating to expenditure and encumbering of funds. 
    Sec. 62.  Minnesota Statutes 1982, section 16A.28, is 
amended to read:  
    16A.28 [APPROPRIATIONS TO REVERT TO STATE TREASURY.] 
    Except as specifically provided for in appropriation acts, 
every appropriation or part thereof of any kind hereafter made 
subject to the provisions of this section remaining unexpended 
and unencumbered at the close of any fiscal year shall lapse and 
the commissioner shall cause same to be returned to the fund 
from which such appropriation was made; provided, that the 
commissioner, with the approval of the governor, may reinstate a 
lapsed appropriation within three months after the date the 
appropriation lapsed.  An appropriation reinstated pursuant to 
this section shall lapse no later than three months after the 
date the appropriation has lapsed.  No payment may be made 
pursuant to a reinstated appropriation except as provided under 
section 16A.15, subdivision 3.  Notwithstanding the foregoing, 
an appropriation for construction or other permanent improvement 
shall not lapse until the purposes for which the appropriation 
was made shall have been are determined by the commissioner of 
finance, after consultation with the affected agencies, to be 
accomplished or abandoned unless such appropriation has stood 
during the entire fiscal biennium without any expenditure 
therefrom or encumbrances thereon. 
    On October 16 By September 1 of each year all allotments 
and encumbrances for the preceding fiscal year shall be 
cancelled unless an agency certifies to the commissioner that 
there is an encumbrance incurred pursuant to law for services 
rendered or goods ordered in the preceding fiscal year.  The 
commissioner may reinstate that portion of the cancellation 
needed to meet the certified encumbrance or he may charge the 
certified encumbrance against the current year's appropriation. 
    Except as otherwise expressly provided by law, the 
provisions of this section shall apply to every appropriation of 
a stated sum for a specified purpose or purposes heretofore or 
hereafter made, but shall not, unless expressly so provided by 
law, apply to any fund or balance of a fund derived wholly or 
partly from special taxes, fees, earnings, fines, federal 
grants, or other sources which are by law appropriated for 
special purposes by standing, continuing, or revolving 
appropriations. 
    Sec. 63.  Minnesota Statutes 1983 Supplement, section 
16A.36, is amended to read:  
    16A.36 [GRANTS FROM AND ADVANCES TO UNITED STATES, USE.] 
    Subdivision 1.  [USE OF GRANTS.] All funds Money received 
by the state from the federal government of the United States as 
grants in aid for the financing of aid to dependent children, or 
for maternal and child health services, or for the care of 
crippled children, or for the care of neglected children and 
child welfare generally, or for vocational rehabilitation, or 
for the extension of public health services, or for any other 
public assistance or public welfare purpose federal assistance 
shall be used solely for the purpose for which the grant was 
made money is received.  Any If required by the proper federal 
authorities, interest or income arising from the funds so 
granted shall money received may be credited by the state 
treasurer commissioner of finance to the particular account for 
which the grant was made money is received and used solely for 
the purpose of that grant federal assistance program, or may be 
repaid to the United States federal treasury if the proper 
authorities or the government of the United States so require, 
or otherwise.  If not so required, the interest or income shall 
be credited to the general fund or to another fund authorized to 
receive the interest or income.  
    Subd. 2.  [RECIPROCAL INTEREST POLICY.] The commissioner of 
finance may, by agreement with the proper federal authorities, 
establish an equitable policy providing for the state to pay 
interest on undisbursed federal money, and providing for the 
federal government to pay interest to the state on state funds 
advanced for a federal assistance program.  
    Sec. 64.  Minnesota Statutes 1982, section 16A.45, is 
amended to read:  
    16A.45 [OUTSTANDING UNPAID WARRANTS, CANCELATION.] 
    Subdivision 1.  [CANCEL; CREDIT.] At the beginning of Once 
each fiscal year the commissioner of finance and the state 
treasurer shall cancel upon their books all outstanding unpaid 
commissioner of finance's warrants, except warrants issued for 
the medical assistance program, that have been issued and 
delivered for more than six five years prior to that date and 
credit to the general fund the respective amounts of the 
canceled warrants.  Once each fiscal year the commissioner of 
finance and the state treasurer shall cancel upon their books 
all outstanding unpaid commissioner of finance's warrants issued 
for the medical assistance program that have been issued and 
delivered for more than one year and credit to the general fund 
and the appropriate account in the federal fund, the amount of 
the canceled warrants.  
    Subd. 2.  [PRESENTMENT OF CANCELED WARRANT.] When any a 
canceled warrant is presented for payment it shall be taken up 
by the commissioner and a new warrant for the same amount, 
payable to the lawful holder thereof, but bearing a current 
number, shall be issued against the general fund from which the 
amount necessary to pay the new warrant is hereby appropriated 
paid by the state treasurer and charged by the commissioner of 
finance to the fund credited with the amount of the canceled 
warrant.  
    Subd. 3.  [APPROPRIATION.] The amounts needed to pay 
canceled warrants presented for payment are appropriated from 
the charged funds to the commissioner of finance.  
    Sec. 65.  [16C.01] [MINNESOTA TELECOMMUNICATIONS COUNCIL.] 
    Subdivision 1.  [POLICY.] The legislature finds that 
telecommunications and information communication technologies 
involving Minnesota citizens, businesses, units of government, 
and educational institutions constitute an increasingly 
important aspect of life in the state.  Minnesota should take 
full advantage of the emerging high technology advances in 
communications to spur both rural and urban economic 
development.  Therefore, it is in the public interest for 

Minnesota to promote coordination and to establish leadership in 
the use of advanced telecommunications resources in the public 
and private sectors.  
    Subd. 2.  [CREATION; MEMBERSHIP.] The Minnesota 
telecommunications council is created in the executive branch. 
The council consists of 23 members, as follows:  
    (1) four members, appointed by the governor, representing 
elementary and secondary education, vocational technical 
education, public and private higher education, and librarians;  
    (2) four members, appointed by the governor, representing 
state agencies;  
    (3) the chair of the public utilities commission, or a 
designee of the chair;  
    (4) the chair of the cable communications board, or a 
designee of the chair;  
    (5) one member appointed by and serving at the pleasure of 
the chief justice of the supreme court;  
    (6) two members, appointed by the governor, representing 
the telecommunications industry and two members, appointed by 
the governor, of labor organizations which represent 
telecommunications workers;  
    (7) two public members, appointed by the governor, who are 
not employed in the telecommunications industry; and 
    (8) six members appointed by the governor from the general 
public.  In making these appointments the governor shall seek to 
include, but is not limited to, persons who represent private 
sector businesses, public broadcasting, commercial broadcasting, 
nonbroadcast communication systems, and local and regional 
government.  The governor shall attempt to appoint persons who 
represent various geographical regions of the state.  
    Subd. 3.  [TERMS OF MEMBERSHIP APPOINTED BY GOVERNOR; 
COMPENSATION.] Terms and compensation of members are governed by 
section 15.059, but the provisions of that section governing 
expiration of advisory groups do not apply to this council.  
    Subd. 4.  [STAFF.] The council shall hire an executive 
director who shall serve in the unclassified service.  The 
council may hire or contract for other staff.  
    Subd. 5.  [DUTIES.] The council has the following duties:  
    (1) advise the governor, the legislature, state agencies, 
institutions of higher education, and political subdivisions on 
matters of telecommunications policy that may affect the state 
and its citizens;  
    (2) foster and stimulate the use of telecommunications 
services and systems by public agencies for the improvement of 
the performance of governmental functions;  
    (3) serve as a clearinghouse of information for the public 
and private sector about innovative projects, programs, or 
demonstrations in telecommunications;  
    (4) assist in the development of state plans for 
development of telecommunication systems, both public and 
private;  
    (5) serve as a means of acquiring governmental and private 
funds for use in the development of services through 
telecommunications;  
    (6) review, assess, and report to the governor and the 
legislature annually on the telecommunications needs and 
services of state and local government, and on effectiveness of 
state laws relating to telecommunications;  
    (7) study and evaluate all existing or proposed laws 
pertinent to the council's duties at all levels of federal, 
state and local government affecting telecommunications 
policies, services, and systems, including the relationship of 
current regulatory structures to new telecommunications 
technology, and advise the appropriate officials on any needed 
improvements;  
    (8) make recommendations regarding the development of 
coordinated telecommunications networks in the state; and 
    (9) survey existing telecommunication providers and users 
to determine if existing services must be improved to meet state 
economic development goals.  In performing this duty the council 
shall make use of existing surveys and resources.  
    The council may accept gifts and grants in furtherance of 
the purposes of this section.  
    Sec. 66.  Minnesota Statutes 1982, section 17.03, is 
amended by adding a subdivision to read:  
    Subd. 5.  [INTERNATIONAL INVESTMENT.] The commissioner may 
create a program to assess the potential of international 
investment in Minnesota and promote international investment 
that results in the infusion of new capital and the creation of 
new jobs to the benefit of the state.  
    Sec. 67.  [TRANSFER.] 
    The duties of the export information office under Minnesota 
Statutes 1983 Supplement, section 17.106, except subdivision 2, 
clause (3), are transferred under Minnesota Statutes, section 
15.039 to the world trade center board, except that no 
appropriations or positions are transferred.  The commissioner 
of agriculture shall cooperate fully with the board until this 
transfer is accomplished.  
    Sec. 68.  Minnesota Statutes 1982, section 43A.30, is 
amended by adding a subdivision to read:  
    Subd. 4.  The commissioner of employee relations may direct 
that all or a part of the amounts paid for life insurance and 
hospital, medical, and dental benefits coverage for eligible 
employees and other eligible persons be deposited by the state 
in a separate fund in the state treasury, from which the 
approved claims of eligibles are to be paid.  Investment income 
and investment losses attributable to the investment of the 
separate fund shall be credited to the fund.  There is 
appropriated from the separate fund to the commissioner of 
finance amounts needed to pay the approved claims of eligibles, 
related service charges, insurance premiums, and refunds.  
    Sec. 69.  Minnesota Statutes 1982, section 43A.27, is 
amended by adding a subdivision to read: 
    Subd. 5.  [EMPLOYEES OF EXCLUSIVE REPRESENTATIVES.] Upon 
request of an exclusive representative of state employees listed 
in section 179.741, subdivision 1, those employees of exclusive 
representatives whose duties involve representing state 
employees for at least 75 percent of their time and their 
dependents may elect to enroll at their own expense in the 
appropriate life insurance, hospital, medical and dental 
benefits, and optional coverages at the time, in the manner, and 
under the conditions of eligibility the commissioner prescribes 
and otherwise approves.  
    Sec. 70.  [44A.01] [WORLD TRADE CENTER BOARD.] 
    Subdivision 1.  [MEMBERSHIP.] (a) A world trade center 
board is created to facilitate and support Minnesota world trade 
center programs and services and promote the growth of 
international trade in Minnesota.  The world trade center board 
consists of nine voting members and four legislators serving as 
nonvoting members.  Three members are representatives of the 
membership of the Minnesota world trade center, one member is a 
representative of the international business community, and one 
member is a representative of the agricultural community.  
    (b) The initial voting members are appointed by the 
governor with the advice and consent of the senate for a term 
expiring the first Monday in January 1987.  A vacancy is filled 
in the same manner as the appointment.  
    (c) Legislator members are two members of the senate 
appointed under the rules of the senate and two members of the 
house of representatives appointed by the speaker.  Except for 
the initial members, who are to be appointed following 
enactment, they are appointed at the beginning of each regular 
session of the legislature for two-year terms.  A legislator who 
remains a member of the body from which he was appointed may 
serve until a successor is appointed and qualifies.  A vacancy 
in a legislator member's term is filled for the unexpired 
portion of the term in the same manner as the original 
appointment.  
    Subd. 2.  [TERMS; COMPENSATION; REMOVAL.] Except as 
provided in this section, terms, compensation, and removal of 
members who are not legislators are as provided in section 
15.059.  
    Subd. 3.  [ORGANIZATION.] The chair of the world trade 
center board is selected by the board members.  
    Sec. 71.  [44A.02] [EXECUTIVE DIRECTOR.] 
    Subdivision 1.  [SELECTION.] The executive director of the 
world trade center board is selected by a majority of the board 
and serves at the pleasure of the board.  The executive director 
must be familiar with the international business community, and 
have demonstrated proficiency in communication skills, 
administration and management, and public and private joint 
ventures.  The salary of the executive director is set by the 
board within the limit set by sections 15A.081, subdivision 1, 
and 43A.17.  
    Subd. 2.  [DUTIES.] The executive director is the chief 
administrative officer of the board and is responsible for 
performing the executive duties of the board.  The executive 
director is not a member of the board.  
    Subd. 3.  [EMPLOYEES.] The executive director may appoint 
unclassified employees in accordance with chapter 43A and 
prescribe their duties.  The executive director may delegate to 
a subordinate the exercise of specified statutory powers or 
duties as the executive director deems advisable, subject to the 
control of the executive director.  
    Sec. 72.  [44A.03] [WORLD TRADE CENTER FUND.] 
    There is established in the state treasury a world trade 
center fund.  All money collected and gifts received by the 
world trade center board shall be deposited in the fund.  Money 
in the fund including interest earned is annually appropriated 
to the board for the operation of services and programs through 
the world trade center.  
    Sec. 73.  [44A.04] [GIFT ACCEPTANCE.] 
    The world trade center board may accept gifts without 
regard to sections 7.09 to 7.12 if the board determines that the 
gift will serve the purposes of the world trade center.  
    Sec. 74.  [44A.05] [CONTRACTING AUTHORITY.] 
    The world trade center board may contract for the 
development, financing, construction, and management of the 
world trade center facility and park.  
    Sec. 75.  [44A.06] [WORLD TRADE CENTER COSTS.] 
    If a world trade center project of the kind contemplated by 
Laws 1983, chapter 301, section 29, is carried out, the 
participation of the state government is limited as provided in 
this section.  
    (a) The state shall not own space in the center.  
    (b) The state shall not rent more than ten percent of the 
gross space in the center.  
    (c) The state shall not incur debt to assist the project.  
    (d) The state shall not provide a special property tax 
classification that would give the center a more favorable 
property tax treatment than other office buildings.  
    Sec. 76.  [44A.07] [WORLD TRADE CENTER SERVICES.] 
    Subdivision 1.  [SERVICES.] The world trade center board 
may:  
    (1) define, formulate, administer, and deliver programs and 
services through the world trade center;  
    (2) provide and contract for services and programs through 
the world trade center, including:  a library and research 
service providing information on world trade; a trade lead 
service, providing and authenticating information about 
international trade opportunities; a club for world trade center 
club members; telecommunications services; translation and 
interpretation services; temporary secretarial and other 
business services; language instruction; educational conferences 
and seminars; and other programs and services that serve the 
purposes of the world trade center, in the determination of the 
board;  
    (3) establish and charge fees for services and programs 
provided without regard to chapter 14;  
    (4) establish membership requirements for Minnesota world 
trade center operations without regard to chapter 14;  
    (5) establish satellite operations of the Minnesota world 
trade center;  
    (6) maintain active membership in the world trade center 
association;  
    (7) create an international communication network to 
coordinate international trade information and activities;  
    (8) compile international trade information from, among 
other places, the United States Department of Commerce and 
private sources, and provide marketing information to business 
persons;  
    (9) assist public and private universities or colleges to 
develop undergraduate or graduate level education programs to 
train persons regarding export trading; and 
    (10) coordinate the international trading activities of 
state and local agencies and organizations.  
    Subd. 2.  [JOINT PROJECTS, CONTRACTS, EXPENDITURES.] In 
order to implement the authorities of subdivision 1, the board 
may participate jointly with private persons and public entities 
in appropriate programs and projects and may enter into 
contracts to carry out those programs and projects.  In making 
any expenditure or contract the board is not subject to chapter 
16.  
    Sec. 77.  [GOVERNOR'S COUNCIL.] 
    The governor's council on the world trade center has all 
the powers granted to the board in this act until the entire 
board has been appointed.  
    Sec. 78.  [84.026] [CONTRACTS FOR PROVISION OF NATURAL 
RESOURCES SERVICES.] 
    The commissioner of natural resources is authorized to 
enter into contractual agreements with any public or private 
entity for the provision of statutorily prescribed natural 
resources services by the department.  The contracts shall 
specify the services to be provided and the amount and method of 
reimbursement.  Funds generated in a contractual agreement made 
pursuant to this section shall be deposited in the special 
revenue fund and are appropriated to the department for purposes 
of providing the services specified in the contracts.  All such 
contractual agreements shall be processed in accordance with the 
provisions of section 16.098.  The commissioner shall report 
revenues collected and expenditures made under this section to 
the chairmen of the committees on appropriations in the house 
and finance in the senate by January 1 of each odd-numbered year.
    Sec. 79.  Minnesota Statutes 1982, section 84.085, is 
amended to read: 
    84.085 [ACCEPTANCE OF GIFTS.] 
    The commissioner of natural resources may accept for and on 
behalf of the state any gift, bequest, device, or grants of 
lands or interest in lands or personal property of any kind or 
of money tendered to the state for any purpose pertaining to the 
activities of the department or any of its divisions.  Any money 
so received is hereby appropriated and dedicated for the purpose 
for which it is granted.  Lands and interests in lands so 
received may be sold or exchanged as provided in chapter 94.  
    Sec. 80.  Minnesota Statutes 1982, section 84A.53, is 
amended to read: 
    84A.53 [CERTAIN FUNDS RECEIPTS NOT CREDITED TO GENERAL 
CONSOLIDATED FUND.] 
    Subdivision 1.  [TAX LEVIES.] All moneys heretofore or 
hereafter collected from tax levies heretofore made pursuant to 
Minnesota Statutes 1945, Chapter 84A, shall be deposited in the 
state treasury to the credit of the general fund.  Upon 
completion of the payment provided for in section 84A.52 the 
commissioner of finance shall make the appropriate entries.  
None of the moneys referred to in this section shall be used for 
the payments provided for in section 84A.52 until all other 
moneys in the consolidated fund have been expended. 
    Subd. 2.  [LAND SALES.] The portion of the money received 
from the sale of tax-forfeited lands that are held by the state 
pursuant to section 84A.07, 84A.26, or 84A.36, that would not be 
paid to the counties if all of the sale proceeds were deposited 
in the consolidated conservation fund, shall be deposited in the 
land acquisition account.  The remaining amount shall be paid to 
the counties under section 84A.51 as if all of the sale proceeds 
were deposited in the consolidated conservation fund.  
    Sec. 81.  Minnesota Statutes 1982, section 84A.54, is 
amended to read: 
    84A.54 [CERTAIN COLLECTIONS DEPOSITED IN CONSOLIDATED 
FUND.] 
    Except as provided in section 84A.53, all moneys hereafter 
received from any source pursuant to Minnesota Statutes 1945, 
chapter 84A, or from the sale of tax-forfeited lands which are 
held by the state pursuant to Minnesota Statutes 1945, Sections 
84A.07, 84A.26 or 84A.36 shall be deposited in the consolidated 
fund. 
    Sec. 82.  Minnesota Statutes 1982, section 84A.55, 
subdivision 9, is amended to read: 
    Subd. 9.  The commissioner may make necessary 
investigations and surveys for and may undertake projects for 
the drainage of any state owned lands within any game preserve, 
conservation area, or other area subject to the provisions 
hereof so far as he shall determine that such lands will be 
benefited thereby in furtherance of the purposes for which the 
area was established, and may pay the cost thereof out of any 
funds appropriated and available therefor.  If the commissioner 
shall determine after investigation that any project for the 
construction, repair, or improvement of any public ditch or 
ditch system undertaken by any county or other public agency as 
otherwise provided by law will benefit such lands in furtherance 
of said purposes, he may cooperate in such project by joining in 
the petition therefor or consenting thereto or approving the 
same upon such conditions as he shall determine, and may shall 
authorize the imposition of assessments therefor upon such lands 
in such amounts as he shall determine, or may make lump sum 
contributions to the county or other public funds established 
for the payment of the cost of the project; provided, such 
assessments or contributions shall not in any case exceed the 
value of such benefits to such state owned lands as determined 
by the commissioner and specified by his written certificates or 
other statement filed in the proceedings, and shall be payable 
only out of funds appropriated and available therefor in such 
amounts as the commissioner may determine.  The commissioner of 
natural resources shall establish by rule before January 1, 
1986, the criteria for determining benefits to state-owned lands 
held or used for the purpose of protecting or propagating 
wildlife, providing hunting or fishing for the public, or other 
purposes relating to conservation, development, or use of soil, 
water, forests, wild animals, or related natural resources.  
    Sec. 83.  [84A.56] [CONSOLIDATED CONSERVATION LAND 
ACQUISITION AND DISPOSITION.] 
    Subdivision 1.  [CONSOLIDATED CONSERVATION LAND ACQUISITION 
AND DISPOSITION PLAN.] Before the commissioner may acquire or 
dispose of land in the game preserves, areas and projects 
established under Minnesota Statutes 1945, section 84A.01, 
84A.20, or 84A.31, in any county, the commissioner must prepare 
a county land acquisition and disposition plan.  The plan must 
identify the general areas where the commissioner intends to 
acquire or dispose of land and their accompanying reasons.  The 
plan must emphasize a balance of uplands and wetlands.  
    Subd. 2.  [REVIEW BY COUNTY BOARD.] The plan must be 
submitted to the county board for review and comment.  The board 
must notify the commissioner of natural resources of any 
concerns or disagreements with the plan within 90 days after 
receiving the plan or proposal.  
    Subd. 3.  [DEPARTMENT REVIEW OF APPRAISALS.] The county 
board must submit appraisals for land offered for sale under 
this section to the commissioner for review at least 30 days 
before the date of the sale.  
    Sec. 84.  [84A.57] [CERTAIN TAX-FORFEITED LAND HELD IN 
TRUST FOR COUNTY.] 
    Notwithstanding any law to the contrary, land that forfeits 
to the state for nonpayment of taxes and is in a game preserve, 
areas or projects established under Minnesota Statutes 1945, 
section 84A.01, 84A.20, or 84A.31 shall be held in trust for the 
taxing district as land outside a game preserve, area, or 
project.  The lands shall be disposed of and managed, and have 
income from the land allocated, in the same manner as land that 
is outside a game preserve, area, or project.  
    Sec. 85.  Minnesota Statutes 1982, section 84B.03, is 
amended by adding a subdivision to read: 
    Subd. 4.  [CONVEYANCE.] In furtherance of boundary 
adjustments to Voyageurs National Park authorized by Congress in 
Public Law 97-405, and notwithstanding any other law to the 
contrary, the governor, after consulting the commissioner of 
natural resources, shall donate and convey to the United States 
of America, for Voyageurs National Park, the state's interest in 
the following described lands:  
    Lot 7, Section 4, Township 68 North, Range 18 West.  
    The lands shall be donated and conveyed only after $30,000 
has been paid by the commissioner of natural resources to the 
city of Tower in return for a conveyance to the state of all 
right, title, and interest of the city of Tower in the land. All 
conveyances required by this subdivision shall comply with 
subdivision 1, except for the provision required by clause 
(1)(a) of that subdivision.  
    Sec. 86.  Minnesota Statutes 1983 Supplement, section 
85.40, subdivision 5, is amended to read: 
    Subd. 5.  [CROSS COUNTRY SKI TRAIL.] "Cross country ski 
trail" means a public pathway designated and promoted for cross 
country skiing, excluding trails that have not received state 
acquisition or betterment funds for recreational purposes.  
    Sec. 87.  Minnesota Statutes 1983 Supplement, section 
85.41, subdivision 3, is amended to read: 
    Subd. 3.  [EXEMPTIONS.] Participants in cross country ski 
races and official school activities and residents of a state or 
local government operated correctional facility are exempt from 
the license requirement in subdivision 1 if a special use permit 
has been obtained by the organizers of the event or those in an 
official capacity in advance from the agency with jurisdiction 
over the cross country ski trail.  Permits shall require that 
permit holders return the trail and any associated facility to 
its original condition if any damage is done by the permittee.  
Limited permits for special events may be issued and shall 
require the removal of any trail markers, banners, and other 
material used in connection with the special event.  
    Sec. 88.  Minnesota Statutes 1983 Supplement, section 
85.41, subdivision 4, is amended to read: 
    Subd. 4.  [FORM.] The department shall provide forms and 
blanks to all agents authorized to issue licenses and daily 
permits by the commissioner.  The license and daily permit shall 
attach to the skier's clothing to visibly identify the holder as 
a licensed skier, and be easily transferable from garment to 
garment by means of a device prescribed by the commissioner in 
consultation with the advisory task force.  The annual license 
shall be with the skier and a sticker shall be placed on the 
skier's ski poles to identify the holder as a licensed skier.  
The license and permit shall include the applicant's name and 
other information deemed necessary by the commissioner. 
    Sec. 89.  Minnesota Statutes 1983 Supplement, section 
85.41, subdivision 5, is amended to read: 
    Subd. 5.  [AGENT'S FEE.] The fee for an annual cross 
country ski license and a daily permit shall be increased by the 
amount of an issuing fee of 50 cents per license.  The issuing 
fee may be retained by the county auditor or his agent or 
subagent who sells seller of the license or permit.  A license 
or permit shall indicate the amount of the fee that is retained 
by the agent seller.  This subdivision does not apply to any 
license or permit sold by the state, or at a park.  
    Sec. 90.  Minnesota Statutes 1982, section 94.16, is 
amended to read: 
    94.16 [FUNDS, HOW DISPOSED OF DISPOSITION OF PROCEEDS FROM 
SURPLUS STATE-OWNED LAND.] 
    Subdivision 1.  [PAYMENT OF EXPENSES.] All moneys Money 
received from the sale of such lands or lots surplus state-owned 
land shall be credited to the general fund of the state, except 
that as provided in this section.  
    Subd. 2.  [PAYMENT OF EXPENSES.] A portion of the proceeds 
from the sale equal in amount to the survey, appraisal, legal, 
advertising, and other expenses incurred by the commissioner of 
administration or other state official in rendering the property 
saleable shall be remitted to the account from which the 
expenses were paid, and are appropriated and immediately 
available for expenditure in the same manner as other money in 
the account. 
    Subd. 3.  [PROCEEDS FROM NATURAL RESOURCES LAND.] The 
remainder of the proceeds from the sale of lands that were under 
the control and supervision of the commissioner of natural 
resources shall be credited to the land acquisition account.  
    Sec. 91.  [94.165] [LAND ACQUISITION ACCOUNT.] 
    There is created in the state treasury a land acquisition 
account.  Subject to appropriation by law, money in the account 
is available to the commissioner of natural resources for the 
acquisition of natural resource lands or interests in lands 
within the outdoor recreation system established in chapter 86A. 
    Sec. 92.  [115A.90] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 92 to 98.  
    Subd. 2.  [AGENCY.] "Agency" means the pollution control 
agency.  
    Subd. 3.  [COLLECTION SITE.] "Collection site" means a 
permitted site, or a site exempted from permit, used for the 
storage of waste tires.  
    Subd. 4.  [COMMISSIONER.] "Commissioner" means the 
commissioner of energy and economic development.  
    Subd. 5.  [PERSON.] "Person" has the meaning given in 
section 116.06, subdivision 8.  
    Subd. 6.  [PROCESSING.] "Processing" means producing or 
manufacturing usable materials, including fuel, from waste tires 
including necessary incidental temporary storage activity.  
    Subd. 7.  [TIRE.] "Tire" means a pneumatic tire or solid 
tire for motor vehicles as defined in section 169.01.  
    Subd. 8.  [TIRE COLLECTOR.] "Tire collector" means a person 
who owns or operates a site used for the storage, collection, or 
deposit of more than 50 waste tires.  
    Subd. 9.  [TIRE DUMP.] "Tire dump" means an establishment, 
site, or place of business without a required tire collector or 
tire processor permit that is maintained, operated, used, or 
allowed to be used for storing, keeping, or depositing 
unprocessed waste tires.  
    Subd. 10.  [TIRE PROCESSOR.] "Tire processor" means a 
person engaged in the processing of waste tires.  
    Subd. 11.  [WASTE TIRE.] "Waste tire" means a tire that is 
no longer suitable for its original intended purpose because of 
wear, damage, or defect.  
    Sec. 93.  [115A.902] [PERMIT; TIRE COLLECTORS, PROCESSORS.] 
    Subdivision 1.  [PERMIT REQUIRED.] A tire collector or tire 
processor with more than 500 waste tires shall obtain a permit 
from the agency unless exempted in subdivision 2.  The agency 
may by rule require tire collectors or tire processors with less 
than 500 waste tires to obtain permits unless exempted by 
subdivision 2.  
    Subd. 2.  [EXEMPTIONS.] A permit is not required for:  
    (1) a retail tire seller for the retail selling site if no 
more than 500 waste tires are kept on the business premises;  
    (2) an owner or operator of a tire retreading business for 
the business site if no more than 3,000 waste tires are kept on 
the business premises;  
    (3) an owner or operator of a business who, in the ordinary 
course of business, removes tires from motor vehicles if no more 
than 500 waste tires are kept on the business premises;  
    (4) a permitted landfill operator with less than 10,000 
waste tires stored above ground at the permitted site; or 
    (5) a person using waste tires for agricultural purposes if 
the waste tires are kept on the site of use.  
    Subd. 3.  [LOCAL AUTHORITY.] The issuance of an agency 
permit does not replace a permit or license required under 
section 400.16 or 473.811.  
    Subd. 4.  [PERMIT FEE.] The revenue from permit fees shall 
be credited to the general fund.  
    Sec. 94.  [115A.904] [LAND DISPOSAL PROHIBITED.] 
    The disposal of waste tires in the land is prohibited after 
July 1, 1985.  This does not prohibit the storage of unprocessed 
waste tires at a collection or processing facility.  
    Sec. 95.  [115A.906] [WASTE TIRE NUISANCE; ABATEMENT.] 
    Subdivision 1.  [NUISANCE.] A tire dump unreasonably 
endangers the health, safety, and comfort of individuals and the 
public and is a nuisance.  
    Subd. 2.  [ABATEMENT.] The agency may abate a nuisance by 
processing and removing the tires.  Before taking any action to 
abate a nuisance, the agency shall give notice to the tire 
collector responsible for the nuisance that the tires to be 
processed and removed constitute a nuisance and demand that the 
tires be shredded or chipped or removed within a specified 
period.  Failure of the tire collector to take the required 
action within the specified period shall result in the issuance 
of an agency order to abate the nuisance.  The abatement order 
may include entering the property where the nuisance is located, 
taking tires into public custody, and providing for their 
processing and removal.  The agency order may be enforced 
pursuant to the provisions of section 115.071.  
    Subd. 3.  [RECOVERY OF EXPENSES.] Any reasonable and 
necessary expenses incurred by the agency for abatement costs, 
and administrative and legal expenses, may be recovered in a 
civil action brought by the attorney general against any tire 
collector responsible for the nuisance.  The agency's 
certification of expenses shall be prima facie evidence that the 
expenses are reasonable and necessary.  
    Subd. 4.  [OTHER ABATEMENT.] This section does not change 
the existing authority of a person or political subdivision to 
abate a tire dump nuisance.  The agency may reimburse a person 
or political subdivision for the costs of abatement.  
    Sec. 96.  [115A.908] [MOTOR VEHICLE TRANSFER FEE.] 
    Subdivision 1.  [FEE CHARGED.] A fee of $4 shall be charged 
on the initial registration and each subsequent transfer of 
title within the state, other than transfers for resale 
purposes, of every motor vehicle weighing more than 1,000 
pounds.  The fee shall be collected in an appropriate manner by 
the motor vehicle registrar.  Registration plates or 
certificates may not be issued by the motor vehicle registrar 
for the ownership or operation of a motor vehicle subject to the 
transfer fee unless the fee is paid.  The fee may not be charged 
on the transfer of:  
    (1) previously registered vehicles if the transfer is to 
the same person;  
    (2) vehicles subject to the conditions specified in section 
297A.25, subdivision 1, clause (j); or 
    (3) vehicles purchased in another state by a resident of 
another state if more than 60 days have elapsed after the date 
of purchase and the purchaser is transferring title to this 
state and has become a resident of this state after the purchase.
    Subd. 2.  [DEPOSIT OF REVENUE.] Revenue collected shall be 
credited to the general fund.  
    Subd. 3.  [REPEALER.] This section is repealed on December 
31, 1994.  
    Sec. 97.  [115A.912] [WASTE TIRE COLLECTION.] 
    Subdivision 1.  [PURPOSE.] Money appropriated to the agency 
for waste tire collection may be spent for elimination of health 
and safety hazards of tire dumps and collection sites, tire dump 
abatement, collection, and clean up of waste tires.  
    Subd. 2.  [PRIORITIES FOR SPENDING.] The agency shall apply 
the following criteria to establish priorities:  (1) tire dumps 
or collection sites determined by the agency to contain more 
than 1,000,000 tires; (2) abatement of fire hazard nuisances; 
(3) abatement of nuisance in densely populated areas; and (4) 
collection and clean up of waste tires including abatement of 
tire dumps.  
    Subd. 3.  [CONTRACTS WITH COUNTIES.] The agency may 
contract with counties for the abatement of waste tire nuisances.
    Sec. 98.  [115A.914] [RULES; COUNTY PLANNING; ORDINANCES.] 
    Subdivision 1.  [AGENCY RULES.] The agency shall adopt 
rules for administration of waste tire collector and processor 
permits, waste tire nuisance abatement, and waste tire 
collection.  
    Subd. 2.  [COUNTY PLANNING; ORDINANCES.] Counties shall 
include collection and processing of waste tires in the solid 
waste management plan prepared under sections 115A.42 to 115A.46 
and shall adopt ordinances under sections 400.16 and 473.811 for 
management of waste tires that embody, but may be more 
restrictive than, agency rules.  
    Sec. 99.  Minnesota Statutes 1983 Supplement, section 
116J.09, is amended to read: 
    116J.09 [DUTIES.] 
    The commissioner shall: 
    (a) manage the department as the central repository within 
the state government for the collection of data on energy; 
    (b) prepare and adopt an emergency allocation plan 
specifying actions to be taken in the event of an impending 
serious shortage of energy, or a threat to public health, 
safety, or welfare; 
    (c) undertake a continuing assessment of trends in the 
consumption of all forms of energy and analyze the social, 
economic, and environmental consequences of these trends; 
    (d) carry out energy conservation measures as specified by 
the legislature and recommend to the governor and the 
legislature additional energy policies and conservation measures 
as required to meet the objectives of sections 116J.05 to 
116J.30; 
    (e) collect and analyze data relating to present and future 
demands and resources for all sources of energy, and specify 
energy needs for the state and various service areas as a basis 
for planning large energy facilities; 
    (f) evaluate policies governing the establishment of rates 
and prices for energy as related to energy conservation, and 
other goals and policies of sections 116J.05 to 116J.30, and 
make recommendations for changes in energy pricing policies and 
rate schedules; 
     (g) study the impact and relationship of the state energy 
policies to international, national, and regional energy 
policies; 
     (h) design and implement a state program for the 
conservation of energy; this program shall include but not be 
limited to, general commercial, industrial, and residential, and 
transportation areas; such program shall also provide for the 
evaluation of energy systems as they relate to lighting, 
heating, refrigeration, air conditioning, building design and 
operation, and appliance manufacturing and operation;  
     (i) inform and educate the public about the sources and 
uses of energy and the ways in which persons can conserve energy;
    (j) dispense funds made available for the purpose of 
research studies and projects of professional and civic 
orientation, which are related to either energy conservation, 
resource recovery, or the development of alternative energy 
technologies which conserve nonrenewable energy resources while 
creating minimum environmental impact; 
    (k) charge other governmental departments and agencies 
involved in energy related activities with specific information 
gathering goals and require that those goals be met;  
    (l) report to the legislature by February 1 of each year 
both the processes and results of efforts to communicate the 
statutory requirements concerning energy efficiency standards 
under section 116J.27 and the extent of compliance with the 
requirements design a comprehensive program for the development 
of indigenous energy resources.  The program shall include, but 
not be limited to, providing technical, informational, 
educational, and financial services and materials to persons, 
businesses, municipalities, and organizations involved in the 
development of solar, wind, hydropower, peat, fiber fuels, 
biomass, and other alternative energy resources.  The program 
shall be evaluated by the alternative energy technical activity. 
    Further, the commissioner may participate fully in hearings 
before the public utilities commission on matters pertaining to 
rate design, cost allocation, efficient resource utilization, 
utility conservation investments, small power production, 
cogeneration, and other rate issues.  The commissioner shall 
support the policies stated in section 116J.05 and shall prepare 
and defend testimony proposed to encourage energy conservation 
improvements as defined in section 216B.241. 
    Sec. 100.  Minnesota Statutes 1983 Supplement, section 
116J.18, subdivision 1, is amended to read: 
    Subdivision 1.  [STATE ENERGY POLICY AND CONSERVATION 
REPORT.] By July 1 of each even-numbered year 1988 and every 
four years thereafter, the commissioner shall transmit to the 
governor and the legislature a comprehensive report designed to 
identify emerging trends related to energy supply, demand, 
conservation, public health and safety factors, and to specify 
the level of statewide and utility service area energy need. The 
report shall include, but not be limited to, all of the 
following:  
    (a) A final report on the accuracy and acceptability of the 
energy forecasts received under section 116J.17 and the 
alternatives to meeting that demand;  
    (b) An estimate of statewide and utility service area 
energy need for the forthcoming 20 year period which, in the 
judgment of the commissioner, will reasonably balance 
requirements of state economic growth and development, 
protection of public health and safety, preservation of 
environmental quality, and conservation of energy resources;  
    (c) The anticipated level of statewide energy demand for 20 
years, which shall serve as the basis for long range action;  
    (d) The identification of potential adverse social, 
economic, or environmental effects caused by a continuation of 
the present energy demand trends;  
    (e) An assessment of the state's energy resources, 
including examination of the availability of commercially 
developable and imported fuels;  
    (f) The estimated reduction in annual energy consumption 
resulting from various energy conservation measures;  
    (g) The cost of energy to residential and rental consumers 
in relation to their socio-economic status;  
    (h) An assessment of the economic and employment 
implications of proposed state energy policies;  
    (i) The status of the department's ongoing studies;  
    (j) Recommendations to the governor and the legislature for 
administrative and legislative actions to accomplish the 
purposes of sections 116J.05 to 116J.30. issue a comprehensive 
report designed to identify major emerging trends and issues in 
energy supply, consumption, conservation, and costs.  The report 
shall include the following:  
    (1) projections of the level and composition of statewide 
energy consumption under current government policies and an 
evaluation of the ability of existing and anticipated facilities 
to supply the necessary energy for that consumption;  
    (2) projections of how the level and the composition of 
energy consumption would be affected by new programs or new 
policies;  
    (3) projections of energy costs to consumers, businesses, 
and government;  
    (4) identification and discussion of key social, economic, 
and environmental issues in energy;  
    (5) explanations of the department's current energy 
programs and studies; and 
    (6) recommendations.  
    Sec. 101.  Minnesota Statutes 1982, section 116J.19, 
subdivision 13, is amended to read: 
    Subd. 13.  Beginning January 1, 1978, No new room air 
conditioner or room air conditioner heat pump shall be sold or 
installed or transported for resale into Minnesota unless it has 
an energy efficiency ratio of 7.0 or higher.  Beginning January 
1, 1985, the energy efficiency ratio must be 7.8 or higher.  For 
purposes of this subdivision, "energy efficiency ratio" means 
the ratio of the cooling capacity of the air conditioner in 
British thermal units per hour to the electrical input in 
watts.  To determine the energy efficiency ratio, all room air 
conditioner models shall be tested in accordance with the 
methods and conditions specified in American National Standard 
Z234.1, and American Society of Heating, Refrigerating, and Air 
Conditioning Engineers Standard 16-69 The cooling capacity, 
electrical input, and energy efficiency ratio of room air 
conditioners and room air conditioning heat pumps is determined 
by using the standard for room air conditioners, approved by the 
American National Standards Institute on April 20, 1982, known 
as ANSI/AHAM RAC-1, with ASHRAE 58-74 used in lieu of ASHRAE 
58-65.  The method of sampling of room air conditioners shall be 
that required by the Department of Energy and found in 44 
Federal Register 22410-22418 (April 13, 1979).  A new room air 
conditioner having dual voltage ratings shall conform to the 
energy efficiency ratio requirements at each rating.  This 
subdivision shall not apply to air conditioners in Minnesota on 
October 1, 1977.  
    Sec. 102.  [116J.261] [ALTERNATIVE ENERGY ENGINEERING 
ACTIVITY.] 
    Subdivision 1.  [CREATION, GOALS.] To further the 
development of indigenous energy resources and energy 
conservation, the commissioner shall establish an alternative 
energy engineering activity.  The activity shall facilitate the 
development of specific projects in the public and private 
sectors and provide a broad range of information, education, and 
engineering asistance services necessary to accelerate energy 
conservation and alternative energy development in the state.  
    Subd. 2.  [DUTIES.] The alternative energy engineering 
activity shall:  
    (1) provide on-site technical assistance for alternative 
energy and conservation projects;  
    (2) develop information materials and educational programs 
to meet the needs of engineers, technicians, developers, and 
others in the alternative energy field;  
    (3) conduct feasibility studies when the results of the 
studies would be of benefit to others working in the same area;  
    (4) facilitate development of energy projects through 
assistance in finding financing, meeting regulatory 
requirements, gaining public and private support, limited 
technical consultation, and similar forms of assistance; and 
    (5) work with and use the services of Minnesota design 
professionals.  
    Sec. 103.  [116J.262] [OPTIMAL LOW-INCOME WEATHERIZATION.] 
    The commissioner shall contract with the Building Energy 
Research Center at the University of Minnesota for the purpose 
of determining optimal weatherization for low-income 
weatherization programs.  The alternative energy engineering 
activity shall provide technical assistance.  
    Sec. 104.  Minnesota Statutes 1983 Supplement, section 
116J.31, is amended to read: 
    116J.31 [ENERGY AUDITS.] 
    The commissioner shall develop and administer state 
programs of energy audits of residential and commercial 
buildings including those required by United States Code, title 
42, section 8211, et seq. sections 8211 to 8222 and section 
sections 8281 to 8284.  The attorney general may release 
information on consumer complaints about the operation of the 
program to the commissioner.  The commissioner shall continue to 
administer the residential energy audit program as originally 
established under the provisions of United States Code, title 
42, sections 8211 to 8222; through July 1, 1986 irrespective of 
any prior expiration date provided in United States Code, title 
42, section 8216.  The commissioner may approve temporary 
programs if they are likely to result in the installation of as 
many conservation measures as would have been installed had the 
utility met the requirements of United States Code, title 42, 
sections 8211 to 8222.  The consumer services division and the 
attorney general may release information on consumer comments 
about the operation of the program to the commissioner.  
    Sec. 105.  Minnesota Statutes 1982, section 116J.36, as 
amended by Laws 1983, chapter 301, section 129, is amended to 
read: 
    116J.36 [DISTRICT HEATING AND QUALIFIED ENERGY IMPROVEMENT 
LOANS.] 
    Subdivision 1.  [POLICIES.] Developing and improving 
efficient and economical district heating systems and certain 
public works capital improvements that conserve energy or 
substitute a lower cost, more plentiful, or indigenous fuel is a 
public purpose for state and local financing and a proper 
function of state and local government.  Climate and geography 
make a reliable, economic supply of energy essential for 
industrial, commercial industry, commerce, and residential 
heating.  Imported supplies of certain fuels are increasingly 
costly, unreliable, and environmentally disadvantageous.  
District heating systems employing cogeneration techniques and 
innovative technology offer an important means of increasing the 
efficiency of Minnesota's energy systems and reducing the 
state's reliance on imported energy supplies.  The combination 
of the large initial capital cost and investors' lack of 
familiarity with district heating has made the private market 
reluctant to provide the necessary capital for district heating 
projects.  As a result, public leadership, cooperation, and aid 
are needed to demonstrate the feasibility of district heating 
systems by establishing economically viable municipal district 
heating systems as demonstration projects.  Qualified energy 
improvements may offer municipalities opportunities for reducing 
energy costs or generating revenues from wastes.  Municipal 
district heating systems and other qualified improvements may be 
financed by loans from the state and from other sources 
available to municipalities. 
    Subd. 2.  [DEFINITIONS.] In this section: 
    (a) "Construction costs" means all costs associated with 
the construction, modification or expansion of a district 
heating system except for preliminary planning costs and 
detailed design costs.  Construction costs include the cost of 
debt service from the time a construction loan is made until 
five years after the beginning of the operation of the district 
heating system constructed or the part of the system being 
modified or expanded. 
    (b) "District heating" means the use of a central energy 
conversion facility to produce hot water or steam for a district 
heating system.  District heating facilities may also produce 
electricity in addition to hot water or steam. 
    (c) "Municipality" means any county, city, town, school 
district or a municipal power agency, or formed pursuant to 
sections 453.53 to 453.62.  Municipality also means a public 
utility, as defined in section 452.01, subdivision 3, owned and 
operated by a city, however organized or.  For purposes of a 
district heating system only, municipality also means a 
nonprofit corporation organized pursuant to the provisions of 
chapter 317 whose membership is limited to the mayor and 
governing body of the city in which the district heating system 
is located. 
    (d) "District heating system" means any existing or 
proposed facility for (1) the production, through cogeneration 
or otherwise, of hot water or steam to be used for district 
heating, or (2) the transmission and distribution of hot water 
or steam for district heating either directly to heating 
consumers or to another facility or facilities for transmission 
and distribution, or (3) any part or combination of the 
foregoing facilities. 
    (e) "Qualified energy improvement" means a cost-effective 
capital improvement to public land, buildings, or energy using 
systems, other than a district heating system, including the 
purchase or installation of equipment to reduce the usage of 
conventional energy sources or to use alternative energy 
resources.  Qualified energy improvements also include 
waste-to-energy facilities that meet the criteria specified in 
subdivision 8a and any rule adopted under that subdivision. 
Qualified energy improvements shall meet all environmental and 
permitting standards established by state and federal law.  
    Subd. 3.  [ELIGIBILITY, DISTRICT HEATING.] The commissioner 
of finance, upon request recommendation of the governor 
authority, may make loans to municipalities for the acquisition, 
construction, expansion, or modification of district heating 
systems.  A loan shall be made only to a municipality that has 
demonstrated to the authority that:  
    (a) The municipality has the financial capability to 
sponsor the project;  
    (b) The project is technologically feasible;  
    (c) The district heating project will become a cogeneration 
facility or the project will utilize hot water or, if the 
project involves an existing district steam heating system, the 
project will become integrated with a hot water district heating 
system, or the project will allow the use of nonpetroleum fuels 
or will construct an efficient heat transmission system; and 
    (d) The municipality has made adequate provision to assure 
proper and efficient operation and maintenance of the project 
after construction is completed.  
    Subd. 3a.  [ELIGIBILITY, QUALIFIED ENERGY IMPROVEMENTS.] 
The commissioner of finance, upon recommendation of the 
authority, may make loans to a municipality for the acquisition, 
construction, or expansion of a qualified energy improvement.  A 
loan shall be made only to a municipality that has demonstrated 
that:  
    (a) The municipality has the financial capability to 
sponsor the qualified energy improvement;  
    (b) The improvement is technologically feasible;  
    (c) The improvement conforms to criteria specified in 
subdivision 8a and any rule adopted under it; and 
    (d) The municipality has made adequate provision to assure 
proper and efficient operation and maintenance of the 
improvement after construction is completed.  
    Subd. 3b.  [GRANT ELIGIBILITY, DISTRICT HEATING.] The 
commissioner of energy, planning and economic development may 
provide planning grants to municipalities for planning related 
to the development of district heating systems.  The 
municipality must demonstrate that a community heatload survey 
and map have been successfully completed, that potential 
district heating load is sufficiently large to justify further 
consideration, and that sufficient resources are available for 
the municipality to meet its financial requirements.  Eligible 
planning grant costs include project definition, development of 
preliminary financing and distribution system plans, and 
obtaining commitment for detailed planning or design and 
preparation of a final report.  The amount of the grant to a 
municipality is limited to 90 percent of eligible planning costs 
and shall not exceed $70,000 as established by rule or temporary 
rule.  
    Subd. 3c.  [GRANT ELIGIBILITY, QUALIFIED ENERGY 
IMPROVEMENTS.] The commissioner of energy and economic 
development may provide planning grants to municipalities for 
planning related to the development of qualified energy 
improvements.  The municipality must demonstrate that sufficient 
resources are available for the municipality to meet its 
financial requirements.  Eligible planning grant costs include 
definition of the improvement, development of preliminary 
financing plans, and obtaining commitment for detailed planning 
or design and preparation of a final report.  The amount of a 
grant to a municipality is limited to 90 percent of eligible 
planning costs and must not exceed $100,000 as established by 
rule or temporary rule.  
    Subd. 4.  [PRIORITIES, DISTRICT HEATING.] The commissioner 
of energy, planning and development authority shall give higher 
priority to a project that does more to achieve the following 
goals:  
    (a) The district heating conversion facility employs 
cogeneration techniques;  
    (b) The facility uses renewable or nonpetroleum sources of 
energy;  
    (c) The district heating facility will save petroleum or 
natural gas;  
    (d) The operation of the district heating facility will not 
have an adverse impact on the environment;  
    (e) The district heating facility may readily be expanded 
to serve additional customers or to supply additional amounts of 
energy, and market demand for the energy exists;  
    (f) The project has obtained additional financing from the 
federal government, private sources, or other sources of 
capital; and 
    (g) Other goals the commissioner of energy, planning and 
development authority finds desirable for district heating 
systems.  
    Subd. 4a.  [PRIORITIES, ENERGY IMPROVEMENTS.] The authority 
shall give higher priority to qualified energy improvements that 
best meet the following goals:  
    (a) to increase the proportion of a municipality's energy 
needs that are met by renewable or indigenous energy resources;  
    (b) to provide a cost reduction or revenue source for the 
municipality;  
    (c) to provide multiple benefits to residents within the 
municipality; and 
    (d) to demonstrate technologies for solid waste treatment.  
    Subd. 5.  [APPLICATION.] Application for a loan to be made 
pursuant to subdivision 6 or 7 shall be made by a municipality 
to the commissioner of energy, planning and development 
authority on a form prescribed by the commissioner of energy, 
planning and economic development by rule authority.  The 
commissioner of energy, planning and development authority shall 
review each application and determine:  
    (a) Whether or not the project or proposed energy 
improvement is eligible for a loan;  
    (b) The priority of the project or qualified energy 
improvement when ranked with all other eligible projects or 
improvements for which a loan application has been submitted;  
    (c) The total estimated cost of the project or improvement; 
    (d) The amount of the loan for which the project or 
improvement is eligible;  
    (e) The terms upon which the loan would be made; and 
    (f) The means by which the municipality proposes to finance 
the project or improvement, including:  
    (1) A loan authorized by state law; or 
    (2) A grant of money appropriated by state law; or 
    (3) A grant to the municipality by an agency of the federal 
government within the amount of money then appropriated to that 
agency and allocated by it to projects or improvements within 
the state; or 
    (4) The appropriation of proceeds of bonds or other money 
of the municipality to an account for the construction of the 
project or improvement; or 
    (5) User charges, franchise fees, special assessments or 
taxes; or 
    (6) Any or all of the means referred to in clauses (1) to 
(5).  
    Subd. 6.  [LOANS, DISTRICT HEATING AND QUALIFIED ENERGY 
IMPROVEMENTS.] Upon the recommendation of the governor authority 
pursuant to subdivision 8, the commissioner of finance shall 
make loans to municipalities on the following terms:  
    (a) In the case of loans for design costs, the maximum 
amount of the loan shall be limited by the provisions of this 
clause.  For cities of the first class and counties containing a 
city of the first class, individually or through the exercise of 
joint powers agreements, the amount of the loan shall not exceed 
40 percent of the design costs.  For cities of the second, third 
and fourth class, and other municipalities, the amount of the 
loan shall not exceed 90 percent of the design costs;  
    (b) In the case for loans for construction costs, a 
municipality must demonstrate that all design activities have 
been completed; that the project or improvement is economically 
and technologically feasible; that the district heating system 
or qualified energy improvement will be constructed, and that it 
has made adequate provisions to assure proper and efficient 
operation and maintenance of the project or improvement.  For 
cities of the first class and counties containing a city of the 
first class, individually or through the exercise of joint 
powers agreements, the amount of the loan shall be up to 50 
percent of the construction costs.  For cities of the second 
class, the amount of the loan shall be up to 80 percent of the 
construction costs.  For cities of the third or fourth class, 
and other municipalities, the amount of the loan shall be up to 
90 percent of the construction costs.  
    (c) A loan made pursuant to this section is repayable over 
a period of not more than 20 years, with interest payments 
beginning the first year from the date the loan is made.  
Interest shall accrue from the date of the loan at a rate of 
interest assigned at the date of loan commitment, but the first 
payment of interest shall not be due until one year after the 
loan was made.  Principal payments shall begin in the sixth year 
after the receipt of the loan on a 25 year level payment 
schedule with the balance of the principal to be retired with 
the payment due 20 years after receipt of the loan.  Interest 
attributable to the first year of deferred payment shall be 
amortized in equal periodic payments over the remainder of the 
term of the loan.  For each loan, the initial deposit to the 
state bond fund required by section 16A.65, subdivision 1, shall 
be made by the commissioner of finance, and no loan may be 
refused solely because the municipality does not provide the 
initial deposit.  
    (d) The authority may also pledge a segregated portion of 
the energy development fund to guarantee or insure bonds and 
notes, or the interest rate thereon, issued by the commissioner 
of finance on behalf of the state of Minnesota for purposes of 
section 116J.36 or 116J.37.  
    Subd. 7.  [MODERN STEAM SYSTEMS.] (a) A municipality which 
has operating within its boundaries a modern steam district 
heating system owned by a district heating utility may apply for 
a loan or grant under this section even though the district 
heating project for which the loan or grant application is made 
may be planned, constructed, or owned by a district heating 
utility.  The loan or grant application shall be treated in the 
same manner as loan or grant applications for district heating 
projects where the projects are to be planned, constructed, or 
owned by a municipality.  
    All or a portion of the proceeds of a loan made to a 
municipality described in this subdivision may be used to make 
loans to a district heating utility to provide financial 
assistance for the planning, modification, expansion or 
construction of a district heating project.  Prior to making the 
loan to the district heating utility, the municipality shall:  
    (1) Adopt a district heating plan which identifies the 
areas of the city to be served by district heating; a time 
schedule indicating when service would be available in different 
areas of the city and the type of service to be offered; and 
    (2) Enter into a written agreement with the district 
heating utility which includes a requirement that the district 
heating utility restrict expansion of its existing steam system 
within its current geographic boundaries as determined by the 
municipality and develop a hot water system on a specific time 
schedule.  
    (b) The powers, authority and obligations granted to a 
municipality under this subdivision are supplemental to the 
powers, authority and obligations granted all municipalities 
under this section.  
    (c) As used in this subdivision, "modern steam district 
heating system" means a steam district heating system with 
condensate return built after 1970 and before May 30, 1981.  
"District heating utility" means any person, corporation, or 
other legal entity which owns or operates or plans to own or 
operate a district heating system.  "District heating project" 
means a new district heating system, or the expansion or 
modification of the existing modern steam district heating 
system.  
    Subd. 8.  [LOAN APPROVAL.] The commissioner of energy, 
planning and economic development shall prepare and submit to 
the legislative advisory commission a list of energy and 
economic development authority separate lists of loan requests 
for district heating loan requests systems and qualified energy 
improvements.  The list for district heating loans shall contain 
the supporting information required by subdivisions 3, 4, 5, 6, 
and 7.  The list for qualified energy improvements shall contain 
the supporting information required by subdivisions 3a, 3c, 4a, 
5, and 6.  The recommendation of the legislative advisory 
commission authority shall be transmitted to the governor 
commissioner of finance.  The governor commissioner of finance 
shall approve or disapprove, or return for further 
consideration, each project recommended for approval by the 
legislative advisory commission.  Loans may be disbursed only 
upon approval by the governor sell bonds and make loans for 
district heating projects and qualified energy improvements only 
upon the recommendation of the authority.  
    Subd. 8a.  [CRITERIA FOR QUALIFIED ENERGY IMPROVEMENTS.] 
Qualified energy improvements eligible for loans must meet 
criteria established in rule by the commissioner of energy and 
economic development.  Rules shall include criteria for 
analyzing the cost-effectiveness of improvements.  Rules 
relating to qualified energy improvements involving a 
waste-to-energy facility must be adopted in consultation with 
the waste management board and the pollution control agency.  An 
improvement involving a waste-to-energy facility must be part of 
a solid waste management plan approved by the pollution control 
agency or a plan approved under section 473.803.  
    Subd. 9.  [PAYMENT; OBLIGATION.] The commissioner of 
finance shall not pay money to a municipality pursuant to an 
approved loan until he has determined that:  
    (a) Financing of the project or improvement as proposed by 
the municipality is assured by an irrevocable undertaking, by 
resolution of the governing body of the municipality, to use all 
money made available by the financing plan exclusively for the 
eligible costs of the project or improvement, and to pay any 
additional amount by which the cost of the project or 
improvement exceeds the estimate by the appropriation to the 
construction account of additional municipal money of the 
municipality or the proceeds of additional bonds to be issued by 
the municipality; and that 
    (b) The governing body of the municipality has adopted a 
resolution obligating the municipality to repay the loan 
according to the terms in the loan.  The obligation may be 
payable from user charges, franchise fees, special assessments 
or other money available to the municipality.  The resolution 
shall obligate the municipality to annually impose and collect 
user charges, franchise fees, special assessments, or to use any 
other money available to it from any other specified source, in 
amounts and at times that if collected in full will annually 
produce at least five percent in excess of the amount needed for 
all annual costs of the system, including annual repayment on 
state loans.  A municipality may also pledge to levy an ad 
valorem tax to guarantee the payments under the loan agreement.  
For the purpose of repaying the loan, the municipality by 
resolution of its governing body may fix the rates and charges 
for district heating system or qualified energy improvement 
service and products, may enter into contracts for the payment 
by others of costs of construction, maintenance, and use of the 
project or improvement in accordance with section 444.075 and 
may pledge the revenues derived therefrom.  The commissioner of 
finance shall condition a loan upon the establishment of rates 
and charges or the execution of contracts sufficient to produce 
annually the revenues pledged for repayment of all annual costs 
of the system, including annual repayment of the state loan.  
    Subd. 10.  [RECEIPTS.] All principal and interest payments 
received by the commissioner of finance in repayment of the 
loans authorized by this section shall be deposited in the state 
treasury and credited to the state bond fund and are 
appropriated to the commissioner of finance for the purposes of 
that account.  
    Subd. 11.  [RULES.] The commissioner of energy, planning 
and economic development shall adopt rules necessary to carry 
out the programs of this section.  The commissioner of energy, 
planning and economic development shall may adopt temporary 
rules pursuant to sections 14.29 to 14.36, meeting the 
requirements of this section.  The rules shall contain as a 
minimum:  
    (a) Procedures for application by municipalities; and 
    (b) Criteria for reviewing grant and loan applications. 
    Sec. 106.  [116J.381] [COMMUNITY ENERGY PROGRAM.] 
    Subdivision 1.  [FINDINGS.] The legislature finds that 
community based energy programs are an effective means of 
implementing improved energy practices including conservation, 
greater efficiency in energy use, and the use of alternative 
resources.  Further, community based energy programs are found 
to be a public purpose for which public money may be spent. 
    Subd. 2.  [COMMUNITY ENERGY COUNCILS; CREATION.] Cities or 
counties, individually or through the exercise of joint powers 
agreements, may create community energy councils.  Membership on 
a council shall include representatives of labor, small 
business, voluntary organizations, senior citizens, and low and 
moderate income residents, and may include city and county 
officials, and other interested parties.  
    Subd. 3.  [POWERS AND DUTIES.] In order to develop and 
implement community based energy programs, a community energy 
council may:  
    (1) analyze social and economic impacts caused by energy 
expenditures;  
    (2) plan, coordinate, advertise, and provide energy 
programs to minimize negative social and economic impacts;  
    (3) seek, accept, and disburse grants and other aids from 
public or private sources for purposes authorized in this 
subdivision; and 
    (4) exercise other powers and duties imposed on it by 
statute, charter, or by ordinance.  
    Subd. 4.  [DEPARTMENT ASSISTANCE.] The commissioner may 
provide professional and financial assistance to communities to 
establish community energy councils, and develop and implement 
community energy programs, within available resources.  
    Sec. 107.  [116J.873] [ECONOMIC RECOVERY GRANTS.] 
    Subdivision 1.  [ADMINISTRATION.] Economic recovery grants 
shall be made available to local communities and recognized 
Indian tribal governments in accordance with the rules adopted 
for economic development grants in the small cities community 
development block grant programs, except that all units of 
general purpose local government are eligible applicants for 
economic recovery grants.  The commissioner of energy and 
economic development shall administer the economic recovery 
grant program as a part of the small cities development program. 
    Subd. 2.  [ECONOMIC RECOVERY GRANT DEFINED.] "Economic 
recovery grant" means an agreement between the state and an 
eligible recipient through which the state provides money to 
carry out specified programs, services, or activities designed 
to create new employment, maintain existing employment, increase 
the local tax base, or otherwise increase economic activity in a 
community.  
    Subd. 3.  [GRANT EVALUATION.] The division of community 
development in the department shall accept, review, and evaluate 
applications for grants to local units of government made in 
accordance with rules adopted for economic development grants in 
the small cities development program.  Applications recommended 
for funding, including recommended grant awards, shall be 
submitted by the division to the commissioner for approval.  
    Subd. 4.  [GRANT LIMITS.] An economic recovery grant may 
not be approved for an amount over $500,000.  The division may 
recommend less funding than requested if, in the opinion of the 
division, the amount requested is more than is necessary to meet 
the applicant's needs.  If the amount of the grant is reduced, 
the reasons for the reduction shall be given to the applicant. 
The portion of an economic recovery grant that exceeds $100,000 
must be repaid to the state when it is repaid to the local 
community or recognized Indian tribal government by the person 
or entity to which it was loaned by the local community or 
Indian tribal government.  Money repaid to the state is 
appropriated to the commissioner of energy and economic 
development for the purpose of making additional economic 
recovery grants.  
    Sec. 108.  Minnesota Statutes 1982, section 116J.88, is 
amended by adding a subdivision to read: 
    Subd. 8b.  [WASTE TIRE RECYCLING LOAN.] "Waste tire 
recycling loan" means a loan to a business to finance 
acquisition of land, buildings, or equipment, installation of 
equipment, construction of buildings, and capital improvements 
for waste tire processing.  
    Sec. 109.  Minnesota Statutes 1982, section 116J.89, is 
amended by adding a subdivision to read: 
    Subd. 1d.  [WASTE TIRE RECYCLING ACCOUNT.] There is created 
within the economic development fund a waste tire recycling 
account for the purpose of making waste tire recycling loans and 
grants.  
    Sec. 110.  Minnesota Statutes 1983 Supplement, section 
116J.90, is amended by adding a subdivision to read: 
    Subd. 2a.  [WASTE TIRE RECYCLING LOANS AND GRANTS.] The 
authority may make waste tire recycling loans to businesses. 
Applications for the loans are not complete unless the waste 
tire recycling project for which the loan is to be made is 
certified to be technically feasible by the director of the 
pollution control agency.  The authority may make grants from 
the waste tire recycling account for studies necessary to 
demonstrate the technical and economic feasibility of a proposed 
waste tire recycling project.  A grant must be less than $30,000 
and may not exceed 75 percent of the costs of the study.  The 
commissioner shall adopt rules for administration of waste tire 
recycling grants and loans.  
    Sec. 111.  Minnesota Statutes 1983 Supplement, section 
116J.91, subdivision 4, is amended to read: 
    Subd. 4.  It may adopt, amend, and repeal rules not 
inconsistent with the provisions of sections 116J.88 116J.875 to 
116J.91 as necessary to effectuate its purposes. 
    Sec. 112.  Minnesota Statutes 1982, section 138.025, 
subdivision 11, is amended to read: 
    Subd. 11.  [BIRCH COULEE BATTLEFIELD STATE HISTORIC SITE.] 
In accordance with the terms and provisions of this section and 
the laws relating to Birch Coulee battlefield state park 
historic site, the Minnesota historical society shall administer 
and control the historic site comprising the Birch Coulee state 
park historic site in Renville county and described as follows: 
    The NE 1/4 of the SE 1/4, Section 19, and part of the NW 
1/4 of the SW 1/4, Section 20, Township 113, North, Range 34 
West, fifth principal meridian, Renville county, Minnesota and 
containing 80 55 acres. 
    Birch Coulee state park is renamed Birch Coulee battlefield 
state historic site.  
    Sec. 113.  Minnesota Statutes 1982, section 144.414, is 
amended to read: 
    144.414 [PROHIBITIONS.] 
    No person shall smoke in a public place or at a public 
meeting except in designated smoking areas.  This prohibition 
does not apply in cases in which an entire room or hall is used 
for a private social function and seating arrangements are under 
the control of the sponsor of the function and not of the 
proprietor or person in charge of the place.  Furthermore, this 
prohibition shall not apply to factories, warehouses and similar 
places of work not usually frequented by the general public, 
except that the department of labor and industry shall, in 
consultation with the state commissioner of health, shall 
establish rules to restrict or prohibit smoking in those places 
of work where the close proximity of workers or the inadequacy 
of ventilation causes smoke pollution detrimental to the health 
and comfort of nonsmoking employees. 
    Sec. 114.  Minnesota Statutes 1982, section 158.07, is 
amended to read:  
    158.07 [QUARTERLY REPORT BY BOARD OF REGENTS; PAYMENT.] 
    The board of regents of the University of Minnesota shall 
file a verified quarterly report with the commissioner of 
finance containing an itemized statement of the expense charged 
against each patient received on certification of any board of 
county commissioners, together with the name of the county from 
which the patient was certified, the amount of the expense 
charged against the patient that is to be paid by the county 
under section 158.04, and a statement of any sums paid by the 
patient, or by any person in his behalf.  On the date that the 
board of regents files the quarterly report, it shall also 
submit requests for payment in amounts authorized in section 
158.04 to each county from which expense amounts are due.  
    Sec. 115.  Minnesota Statutes 1982, section 158.08, is 
amended to read: 
    158.08 [EXPENSES PAID BY COUNTIES.] 
    The commissioner of finance shall audit the quarterly 
reports submitted by the board of regents and draw his draft for 
the proper amount against each county from which expense charges 
are due and deliver it to the treasurer for collection.  The 
treasurer shall notify the auditor of each county against whom a 
draft has been issued of the amount due.  Upon receipt of such 
notice the invoice specified in section 158.07 a county auditor 
shall issue his warrant on the poor fund for the amount due, 
except that in any county now or hereafter caring for the poor 
under a county poor commission, the notice shall be given to the 
county poor commission, which shall issue its warrant on the 
poor fund of the county for the amount due.  The warrant shall 
be delivered to the county treasurer, who shall, if funds are 
available, issue his check payable to the state treasurer 
University of Minnesota for the amount of the warrant.  If no 
funds are available in the poor fund for the payment of the 
warrant, it shall be registered.  The check or registered 
warrant shall be mailed to the state treasurer University of 
Minnesota.  All payments hereunder shall be credited to the 
general fund, and are appropriated to the university of 
Minnesota. 
    Sec. 116.  Minnesota Statutes 1983 Supplement, section 
179.70, subdivision 1, is amended to read: 
    Subdivision 1.  A written contract or memorandum of 
contract containing the agreed upon terms and conditions of 
employment and such other matters as may be agreed upon by the 
employer and exclusive representative shall be executed by the 
parties.  The duration of the contract shall be negotiable 
except in no event shall contracts be for a term exceeding three 
years.  Any contract between employer school board and an 
exclusive representative of teachers shall in every instance be 
for a term of two years beginning on July 1 of each odd-numbered 
year.  For contracts effective July 1, 1979 or thereafter, the 
written contract executed by an employer school board and an 
exclusive representative of teachers shall contain the teachers' 
compensation including fringe benefits for the entire two-year 
term and shall not contain a wage reopening clause or any other 
provision for the renegotiation of the teachers' compensation 
for the second year of the contract.  All contracts shall 
include a grievance procedure which shall provide compulsory 
binding arbitration of grievances including all disciplinary 
actions.  Notwithstanding any home rule charter to the contrary, 
after the probationary period of employment, any disciplinary 
action, other than the termination of a teacher contract or the 
discharge of a teacher under section 125.12 or 125.17, is 
subject to the grievance procedure and compulsory binding 
arbitration.  In the event that the parties cannot reach 
agreement on the grievance procedure, they shall be subject to 
the grievance procedure promulgated by the director pursuant to 
section 179.71, subdivision 5, clause (h).  Employees covered by 
civil service systems created pursuant to chapters 43A, 44, 375, 
387, 419 or 420, or by provision of a home rule charter pursuant 
to chapter 410, or by Laws 1941, chapter 423, may pursue a 
redress of their grievances through the grievance procedure 
established pursuant to this section.  When the resolution of a 
grievance is also within the jurisdiction of appeals boards or 
appeals procedures created by chapters 43A, 44, 375, 387, 419 or 
420, or by provision of a home rule charter pursuant to chapter 
410, or by Laws 1941, chapter 423, the aggrieved employee shall 
have the option of pursuing redress through the grievance 
procedure or the civil service appeals procedure, but once a 
written grievance or appeal has been properly filed or submitted 
by the employee or on the employee's behalf with his consent the 
employee's right to pursue redress in the alternative manner is 
terminated.  This section does not require employers or employee 
organizations to negotiate on matters other than terms and 
conditions of employment as defined in section 179.63, 
subdivision 18. 
    Sec. 117.  Minnesota Statutes 1982, section 179.741, 
subdivision 2, is amended to read: 
    Subd. 2.  [STATE EMPLOYEE SEVERANCE.] Each of the following 
groups of employees shall have has the right, as specified in 
this subdivision, to separate from the general professional, 
health treatment or general supervisory units provided for in 
subdivision 1:  attorneys, physicians, professional employees of 
the higher education coordinating board who are compensated 
pursuant to section 43A.18, subdivision 4, state 
patrol-supervisors, regional enforcement officers employed by 
the department of natural resources, and criminal apprehension 
investigative-supervisors.  This right shall be exercised by 
petition during the period commencing on April 25, 1980 and 
concluding 30 days after that date or, after January 1, 1981, 
during the 60 day period commencing 270 days prior to the 
termination of a contract covering the units.  If one of these 
groups of employees exercises the right to separate from the 
units they shall have no right to meet and negotiate, but shall 
retain the right to meet and confer with the commissioner of 
employee relations and with the appropriate appointing authority 
on any matter of concern to them.  The manner of exercise of the 
right to separate shall be as follows:  An employee organization 
or group of employees claiming that a majority of any one of 
these groups of employees on a state-wide basis wish to separate 
from their units may petition the director for an election 
during the petitioning period.  If the petition is supported by 
a showing of at least 30 percent support for the petitioner from 
the employees, the director shall hold an election to ascertain 
the wishes of the majority with respect to the issue of 
remaining within or severing from the units provided in 
subdivision 1.  This election shall be conducted within 30 days 
of the close of the petition period.  If a majority of votes 
cast endorse severance from the unit in favor of separate meet 
and confer status for any one of these groups of employees, the 
director shall certify that result.  This election shall, where 
not inconsistent with other provisions of this section, be 
governed by section 179.67.  If a group of employees elects to 
sever they may rejoin that unit by following the same procedures 
specified above for severance, but may only do so during the 
periods provided for severance. 
    Sec. 118.  Minnesota Statutes 1983 Supplement, section 
179.7411, is amended to read: 
    179.7411 [LIMITATION ON THE CONTRACTING-OUT OF SERVICES 
PROVIDED BY MEMBERS OF A STATE OF MINNESOTA OR UNIVERSITY OF 
MINNESOTA BARGAINING UNIT.] 
    Any contract entered into after March 23, 1982 by the state 
of Minnesota or the University of Minnesota involving services, 
any part of which, in the absence of the contract, would be 
performed by members of a unit provided in section 179.741, 
subdivision 1 or 3, shall be subject to section 16.07 and shall 
provide for the preferential employment by such a party of 
members of that unit whose employment with the state of 
Minnesota or the University of Minnesota is terminated as a 
result of that contract.  
    Contracts entered into by the state of Minnesota for the 
purpose of providing court reporter services or transcription of 
the record of a hearing which was recorded by means of an audio 
magnetic recording device shall be subject to section 16.098 and 
the preferential employment provisions enumerated in this 
section.  Any court reporter seeking a contract pursuant to the 
preferential employment provisions of this section shall be 
given preference when the services are needed only if that court 
reporter's charges for the services requested are no greater 
than the average of the charges made for the identical services 
by other court reporters in the same locality who are also under 
contract with the state for those services. 
    Sec. 119.  Minnesota Statutes 1983 Supplement, section 
180.03, subdivision 2, is amended to read: 
    Subd. 2.  Every person, firm or corporation that is or has 
been engaged in the business of mining or removing iron ore, 
taconite, semitaconite or other minerals except sand, crushed 
rock and gravel by the open pit method in any county which has 
appointed an inspector of mines pursuant to section 180.01 shall 
erect two inch by four inch mesh fencing along the outside 
perimeter of the excavation, open pit, or shaft of any mine in 
which mining operations have ceased for a period of six 
consecutive months or longer.  The top and bottom wire shall not 
be less than 9 gauge and the filler wire shall not be less than 
11 gauge.  The fencing shall be not less than five feet in 
height with two strands of barbed wire six inches apart affixed 
to the top of the fence.  The fence posts shall be no more than 
ten feet apart.  In the case of open pit mines in which mining 
operations cease after November 1, 1979, and before March 1, 
1980, the fencing shall be erected as soon as possible after 
March 1, 1980. Where mining operations cease on or after March 
1, 1980, the fencing shall be erected forthwith.  In the case of 
open pit mines in which mining operations had ceased for a 
period of six consecutive months or longer before November 1, 
1979, and not resumed, the fencing shall be erected within five 
seven years after November 1, 1979.  Any fencing required by an 
inspector of mines pursuant to subdivision 3 or other applicable 
law shall meet the standards of this section as a minimum.  This 
subdivision does not apply to any excavation, open pit, or 
shaft, or any portion thereof, exempted from its application by 
the commissioner of natural resources pursuant to laws relating 
to mineland reclamation or exempted from its application by the 
county mine inspector pursuant to subdivision 4. 
    Sec. 120.  [190.32] [FEDERAL REIMBURSEMENT RECEIPTS.] 
    The department of military affairs may deposit federal 
reimbursement receipts into the general fund account, 
maintenance of military training facilities.  These receipts are 
for services, supplies, and materials initially purchased by the 
Camp Ripley maintenance account.  
    Sec. 121.  Minnesota Statutes 1983 Supplement, section 
298.296, subdivision 1, is amended to read:  
    Subdivision 1.  [PROJECT APPROVAL.] The board shall by 
August 1 of each year prepare a list of projects to be funded 
from the northeast Minnesota economic protection trust with 
necessary supporting information including description of the 
projects, plans, and cost estimates.  These projects shall be 
consistent with the priorities established in section 298.292 
and shall not be approved by the board unless it finds that:  
    (a) the project will materially assist, directly or 
indirectly, the creation of additional long-term employment 
opportunities;  
    (b) the prospective benefits of the expenditure exceed the 
anticipated costs; and 
    (c) in the case of assistance to private enterprise, the 
project will serve a sound business purpose.  
    To be proposed by the board, a project must be approved by 
at least eight iron range resources and rehabilitation board 
members and the commissioner of iron range resources and 
rehabilitation.  The list of projects shall be submitted to the 
legislative advisory commission for its review.  The list with 
the recommendation of the legislative advisory commission shall 
be submitted to the governor, who shall, by November 15 of each 
year, approve or disapprove, or return for further 
consideration, each project.  The money for a project may be 
expended only upon approval of the project by the governor.  
    The board may submit supplemental projects for approval at 
any time.  Supplemental projects must be submitted to the 
members of the legislative advisory commission for their review 
and recommendations of further review.  If a recommendation is 
not provided within ten days, no further review by the 
legislative advisory commission is required, and the governor 
shall approve or disapprove each project or return it for 
further consideration.  If the recommendation by any member is 
for further review the governor shall submit the request to the 
legislative advisory commission for its review and 
recommendation.  Failure or refusal of the commission to make a 
recommendation promptly is a negative recommendation.  
    Sec. 122.  Minnesota Statutes 1982, section 325F.20, 
subdivision 1, is amended to read: 
    Subdivision 1.  The commissioner shall adopt rules pursuant 
to chapter 14 regarding quality, information, and product safety 
specifications for the manufacture, labeling, installation, and 
thermographing of insulation.  The specifications and any 
amendments to them shall conform as far as is practical to 
federal standards or other standards generally accepted and in 
use throughout the United States.  The standards, with 
modifications as may be deemed necessary, may be adopted by 
reference.  The specifications adopted and any amendments shall 
be based on the application of scientific principles, approved 
tests, and professional judgment.  For purposes of this 
subdivision, the commissioner may adopt temporary rules, which 
may remain in effect for 360 days.  
    Sec. 123.  Minnesota Statutes 1982, section 329.099, is 
amended to read: 
    329.099 [DEFINITION.] 
    The term "transient merchant" includes any person, 
individual, copartnership, and corporation, both as principal 
and agent, who engage in, do, or transact any temporary and 
transient business in this state, either in one locality, or in 
traveling from place to place in this state, selling goods, 
wares, and merchandise; and who, for the purpose of carrying on 
such business, hire, lease, occupy, or use a building, 
structure, vacant lot, or railroad car for the exhibition and 
sale of such goods, wares, and merchandise.  The term "transient 
merchant" does not include a seller or exhibitor in a firearms 
collector show involving two or more sellers or exhibitors.  
    Sec. 124.  Minnesota Statutes 1983 Supplement, section 
352D.02, subdivision 1, is amended to read:  
    Subdivision 1.  [COVERED EMPLOYEES COVERAGE.] The following 
employees, if they are in the unclassified service of the state 
and are eligible for coverage under the Minnesota state 
retirement system, shall participate in the unclassified program 
unless an employee gives notice to the executive director of the 
state retirement system within one year following the 
commencement of employment in the unclassified service that the 
employee desires coverage under the regular employee plan.  For 
the purposes of this chapter, an employee who does not file 
notice with the executive director shall be deemed to have 
exercised the option to participate in the unclassified plan. 
    (1) Any employee in the office of the governor, lieutenant 
governor, secretary of state, state auditor, state treasurer, 
attorney general or the state board of investment, 
    (2) The head of any department, division, or agency created 
by statute in the unclassified service, an acting department 
head subsequently appointed to the position, or any employee 
enumerated in sections 15A.081, subdivision 1 or 15A.083, 
subdivision 4, 
    (3) Any permanent, full-time unclassified employee of the 
legislature or any commission or agency of the legislature or a 
temporary legislative employee having shares in the supplemental 
retirement fund as a result of former employment covered by this 
chapter, whether or not eligible for coverage under the 
Minnesota state retirement system, 
      (4) Any person employed in a position established pursuant 
to section 43A.08, subdivision 1, clause (c), or subdivision 1a 
or in a position authorized under a statute creating or 
establishing a department or agency of the state, which is at 
the deputy or assistant head of department or agency or director 
level, 
      (5) The chairman, chief administrator, and not to exceed 
nine positions at the division director or administrative deputy 
level of the metropolitan waste control commission as designated 
by the commission, and the chairman, executive director, and not 
to exceed nine positions at the division director or 
administrative deputy level of the metropolitan council as 
designated by the council; provided that upon initial 
designation of all positions provided for in this clause, no 
further designations or redesignations shall be made without 
approval of the board of directors of the Minnesota state 
retirement system, 
    (6) The executive director, associate executive director, 
and not to exceed nine positions of the higher education 
coordinating board in the unclassified service, as designated by 
the higher education coordinating board; provided that upon 
initial designation of all positions provided for in this 
clause, no further designations or redesignations shall be made 
without approval of the board of directors of the Minnesota 
state retirement system, 
    (7) The clerk of the appellate courts appointed pursuant to 
Article VI, Section 2, of the Constitution of the state of 
Minnesota, 
    (8) The chief executive officers of correctional facilities 
operated by the department of corrections and of hospitals and 
nursing homes operated by the department of welfare, and 
    (9) Any employee whose principal employment is at the state 
ceremonial house, and 
    (10) Any employee of the world trade center board. 
    Sec. 125.  Minnesota Statutes 1982, section 352E.02, is 
amended to read:  
    352E.02 [PEACE OFFICERS BENEFIT FUND.] 
    There is hereby created in the state treasury an account to 
be known as peace officers benefit fund.  Funds in the peace 
officers benefit fund shall consist of moneys appropriated to 
that fund.  The administrator of the fund is the commissioner of 
labor and industry, who shall follow the procedures specified in 
section 176.541, subdivisions 2, 3, and 4.  
    Sec. 126.  Minnesota Statutes 1982, section 352E.04, is 
amended to read: 
    352E.04 [DISBURSEMENTS.] 
    Upon certification to the governor by the administrator of 
any state or governmental subdivision employing peace officers 
the fund that a peace officer employed by that 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 
$50,000 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. 
     "Killed in the line of duty" does not include deaths from 
natural causes or deaths that occur during employment for a 
private employer.  
    Sec. 127.  Minnesota Statutes 1982, section 398.09, is 
amended to read: 
    398.09 [SPECIFIC POWERS.] 
    Park district boards in addition to the foregoing general 
powers shall have these specific powers: 
    (a) The power to regulate by ordinance the use of the 
waters of any lake lying wholly within a park established under 
this chapter and the use of any lake shore which is within a 
park established under this chapter and the waterfront 
immediately abutting such lake shore for not to exceed 300 feet 
therefrom, by all persons, including persons boating, swimming, 
fishing, skating or otherwise, in, upon or about said lake, lake 
shore and abutting waterfront, subject to regulation by the 
state of Minnesota.  
    (b) The power to acquire lands either within or without the 
park district for conversion into forest reserves and for the 
conservation of the natural resources of the state, including 
streams, lakes, submerged lands and swamplands, and to these 
ends may create parks, parkways, forest reservations and other 
reservations and afforest, develop, improve, protect and promote 
the use of the same in such manner as is conducive to the 
general welfare.  These lands may be acquired by the board, on 
behalf of the district, by gift or devise, by purchase or by 
condemnation.  In furtherance of the use and enjoyment of the 
lands controlled by it, the board may accept donations of money 
or other property, or may act as trustee of land, money or other 
property and use and administer the same as stipulated by the 
donor, or as provided in the trust agreement.  The terms of each 
such donation or trust shall first be approved by the district 
court before acceptance by the board.  If the park district 
includes all or part of more than one court district, approval 
shall be by the district court of the court district having the 
largest area within the park district.  In case of condemnation 
the proceedings are to be instituted in the name of the district 
and conducted in the manner provided in chapter 430 and acts now 
in effect and hereafter adopted amendatory thereof and 
supplemental thereto.  Either the fee or any lesser interest may 
be acquired as the board deems advisable.  All awards not set 
aside as therein provided shall be a charge upon the district 
for which its credit shall be pledged.  The duties specified to 
be performed in said sections by the city council, the city 
clerk and the city engineer, respectively, shall be performed by 
the commissioners, the secretary and the superintendent of the 
district.  Appeals to the district court shall be taken to the 
district court of the county in which the land lies.  The 
notices required to be published shall be published in every 
case in a newspaper of general circulation published in the 
county or counties wherein the land lies.  All reports and 
papers required by said sections to be filed with the city clerk 
shall be filed with the secretary of the district.  Unless a 
lesser estate be designated, an absolute estate in fee simple, 
unqualified in any way whatsoever, shall vest in the district in 
every case of taking by the exercise of the power of eminent 
domain, and such estate shall not be limited or qualified in any 
way by construction.  Nothing herein contained shall authorize 
the board to: 
    1.  Acquire real estate by purchase or condemnation which 
is located within the boundaries of an incorporated statutory 
city or city unless the governing body of such statutory city or 
city shall have consented thereto by resolution duly adopted, or 
    2.  Acquire real estate by condemnation which is located 
outside the park district unless the board of county 
commissioners of the county in which such property is located 
has consented thereto by resolution duly adopted.  
    (c) The power, if the board finds that any lands which it 
has acquired are not necessary for the purposes for which 
acquired, to dispose of such lands upon such terms as are 
advisable, including the power to transfer such lands to other 
public corporations.  Where lands which were acquired by 
condemnation less than 20 years before are to be sold to private 
parties, the former owners, or their heirs, successors or 
assigns, shall be notified in writing of the board's intent to 
dispose of the properties and shall be given 20 days to purchase 
the property taken from them at such price as the board shall 
deem fair compensation to the district for such property.  The 
board may lease any of its lands or permit their use for 
purposes consistent with the purposes for which the lands were 
acquired upon such terms as are advisable.  No such lands shall 
be sold without the approval of the district court of the county 
in which the lands are situated.  
    (d) The power to fix, alter, charge and collect fees, tolls 
and charges for the use of facilities of the park district, for 
services rendered by, or for any commodities furnished by, or 
for licenses issued by, the board pursuant to ordinances 
authorized hereunder.  All fines collected for any violation of 
a board's ordinance shall be paid into the treasury of such park 
district board.  
    (e) The power to borrow, make and issue negotiable bonds, 
notes and other evidences of indebtedness, subject to the 
provisions of sections 398.16 and 398.17, and to pledge its full 
faith, credit and taxing power to the payment thereof, and/or to 
secure the payment of such obligations or any part thereof by 
mortgage, lien, pledge, deed of trust otherwise, on all or any 
of its property, contracts, franchises or revenues and to make 
such agreements with the purchasers or holders of such notes, 
bonds or other evidences of indebtedness or with others in 
connection with the same, whether issued or to be issued.  
    (f) The power to cooperate with or borrow from any 
governmental organization, state or federal, or from any agency 
of the state or federal government for any purpose within the 
scope of the authority of this corporation.  
    (g) The power to cooperate with any public or municipal 
corporation, with the counties and with any private or public 
organization engaged in conservation, recreational activities, 
protection of the public health and safety, prevention of water 
pollution, sanitation, and/or mosquito abatement for any 
constructive purpose, and the power, upon request, to assume 
control of all or a portion of any existing parks or park lands 
owned by any county government or municipal corporation in the 
park district; such control shall be assumed only at the request 
of and by agreement with the public authority in control of such 
parks or park lands.  Thereupon such parks or park lands may be 
developed, improved, protected and operated as a park as in case 
of lands otherwise acquired by the board.  Such acquisition or 
assumption of control or operation of a municipal park system by 
a park district shall in no way impair the authority and power 
of such municipality to levy and collect taxes for park, 
playground and recreational purposes, all or part of such tax 
funds to be transferred to the park district for such uses as 
may be agreed upon between the district and the municipality.  
    (h) The power to designate employees as police officers 
within the parks under the jurisdiction and control of the 
board, and employees so designated may exercise all the powers 
of police officers within the park lands under the jurisdiction 
and control of the board.  Before exercising these powers, each 
such employee shall take an oath and give a bond to the state in 
such sum as the board prescribes for the proper performance of 
his duties in such respect.  The board may contract with 
municipalities or with the county or counties for the policing 
of park properties.  
    (i) The power, upon a four-fifths vote of the board, to 
enter into an agreement under section 471.59 with any political 
subdivision, governmental unit, or agency, including an elected 
park and recreation board in a city of the first class, to 
expend public money, including bond proceeds, in its possession 
for any metropolitan regional park purposes, including 
transferring money in its possession as a grant to other 
political subdivisions, governmental units, or agencies, 
including an elected park and recreation board in a city of the 
first class. 
    Sec. 128.  Minnesota Statutes 1982, section 462A.05, 
subdivision 20, is amended to read: 
    Subd. 20.  The agency may make grants solely to non-profit 
sponsors, as defined by the agency, for residential housing to 
be used to provide temporary shelter housing to low and moderate 
income persons and families having an immediate need for 
temporary shelter housing as a result of natural disaster, 
resettlement, condemnation, displacement, lack of habitable 
housing or other cause defined by the agency.  Grants pursuant 
to this subdivision shall not be used for residential care 
facilities or for facilities that provide housing available for 
occupancy on less than a 24-hour continuous basis.  To the 
extent possible, a nonprofit sponsor shall combine the grant 
with other funds obtained from public and private sources.  In 
making grants, the agency shall determine the circumstances 
under which and the terms and conditions under which all or any 
portion thereof will be repaid and the appropriate security 
should repayment be required.  
    Sec. 129.  Minnesota Statutes 1982, section 359.01, is 
amended to read: 
    359.01 [COMMISSION.] 
    The governor may appoint and commission as notaries public, 
by and with the advice and consent of the senate, as many 
citizens of this state, over the age of 18 years, resident in 
the county for which appointed, as he deems necessary.  The fee 
for each commission shall not exceed $10, and shall be paid to 
the governor's private secretary. 
    Sec. 130.  Minnesota Statutes 1983 Supplement, section 
462A.07, subdivision 15, is amended to read: 
    Subd. 15.  It may engage in housing programs for low and 
moderate income American Indians as that term is defined in 
section 254A.02, subdivision 11, residing in the metropolitan 
area defined in section 473.121, subdivision 2, and cities with 
a population greater than 50,000 persons.  The programs shall 
demonstrate innovative methods of providing housing for urban 
Indians, may involve the construction, purchase, and 
rehabilitation of residential housing, and may be administered 
through any other provision of this chapter.  To the extent 
possible, the programs shall combine appropriated money with 
other money from both public and private sources, except that 
interest earned on the portion of an appropriation to be 
expended for Indian housing programs in the city of Duluth does 
not have to be combined with money from other sources.  
Effective June 30, 1985, all money allocated by the agency under 
this subdivision to programs for urban Indian housing that are 
not subject to active contracts shall be reallocated by the 
agency to programs to fulfill the purposes of this subdivision.  
The agency shall consult with the advisory council on urban 
Indians created pursuant to section 3.922, subdivision 8, in the 
development of programs pursuant to this subdivision. 
    Sec. 131.  Minnesota Statutes 1982, section 484.545, 
subdivision 1, is amended to read: 
    Subdivision 1.  The district judges regularly assigned to 
hold court in each judicial district except for the second, 
fourth, and tenth judicial districts may by orders filed with 
the clerk of court and county auditor of each county in the 
district appoint a competent law clerk for every two district 
court judges of the judicial district.  The district judges 
regularly assigned to hold court in the first and tenth judicial 
district districts may by orders filed with the clerk of court 
and county auditor of each county in the district appoint a 
competent law clerk for each district court judge of the 
district.  In addition, the Dakota county board of commissioners 
may authorize the district judges regularly assigned to hold 
court in the first judicial district to appoint three competent 
law clerks, whose salaries shall be paid by the county.  
    Sec. 132.  Minnesota Statutes 1983 Supplement, section 
486.06, is amended to read: 
    486.06 [CHARGE FOR TRANSCRIPT.] 
    Subdivision 1.  [FEE.] In addition to the salary specified 
in section 486.05, the court reporter may charge for a 
transcript of his or her record ordered by any person other than 
the judge 35 50 cents per original folio thereof and seven and 
one-half ten cents per folio for each manifold or other copy 
thereof when so ordered that it can be made with the original 
transcript. 
    Subd. 2.  [ANNUAL FEE CHANGE AUTHORIZED.] Beginning August 
1, 1983, and annually after that, the chief judge of the 
judicial district may by order establish new transcript fee 
ceilings per folio.  
    Sec. 133.  [494.01] [COMMUNITY DISPUTE RESOLUTION PROGRAM.] 
    Subdivision 1.  [DEFINITION.] For the purposes of sections 
133 through 136 "dispute resolution" means a process voluntarily 
entered by parties in disagreement using mediation or 
arbitration to reconcile the parties' differences.  
    Subd. 2.  [ESTABLISHMENT; ADMINISTRATION.] The dispute 
resolution program shall be established and administered by the 
state court administrator's office.  
    Subd. 3.  [GUIDELINES.] The state court administrator shall 
develop guidelines for use by community dispute resolution 
programs and training programs for mediators and arbitrators for 
those community dispute resolution programs.  The guidelines 
shall provide a method for insuring that participation in 
dispute resolution is voluntary and shall include procedures for 
case processing and program certification criteria which must be 
met in order to receive court referrals.  The guidelines shall 
include standards for training mediators and arbitrators to 
recognize matters involving violence against a person.  Any 
guidelines developed under this subdivision shall be submitted 
to the chairmen of the judiciary committees in the house of 
representatives and senate by February 1, 1985.  The guidelines 
shall not constitute a rule nor shall they be a substantive or 
procedural law nor shall they take effect until the guidelines 
are enacted by the legislature.  This shall not limit the 
existing authority of the state court administrator.  
    Subd. 4.  [REPORTS.] The state court administrator shall 
compile statistical data regarding community dispute resolution 
programs, including the operation budget, the number of 
referrals, categories or types of cases referred, number of 
parties served, number of disputes resolved, nature of 
resolution, amount and type of awards, rate of compliance, 
returnees to the dispute resolution process, duration and 
estimated costs of proceedings, and any other pertinent 
information.  
    Sec. 134.  [494.02] [CONFIDENTIALITY OF COMMUNICATIONS.] 
    Any communication relating to the subject matter of the 
dispute by any participant during dispute resolution shall not 
be used as evidence against a participant in a judicial or 
administrative proceeding.  This shall not preclude the use of 
evidence obtained by other independent investigation.  
    Sec. 135.  [494.03] [EXCLUSIONS.] 
    The guidelines shall exclude:  
    (1) any dispute involving violence against persons, 
including incidents arising out of situations that would support 
charges under sections 609.342 to 609.345, 609.3641 to 609.3644, 
or 609.365;  
    (2) any matter involving a person who has been adjudicated 
incompetent or relating to guardianship, conservatorship, or 
civil commitment;  
    (3) any matter involving neglect or dependency, or 
involving termination of parental rights arising under sections 
260.221 to 260.245; and 
    (4) any matter arising under section 626.557 or sections 
144.651 to 144.652, or any dispute subject to chapters 518, 
518A, 518B, and 518C, whether or not an action is pending.  This 
shall not restrict the present authority of the court or 
departments of the court from accepting for resolution a dispute 
arising under chapters 518, 518A, and 518C, or from referring 
disputes arising under chapters 518, and 518A to for-profit 
mediation.  
    Sec. 136.  [STATE COURT ADMINISTRATOR REPORT.] 
    By January 1, 1986, the state court administrator shall 
report to the chairmen of the judiciary committees in the house 
and in the senate the experience to date with the dispute 
resolution program established pursuant to this act and shall 
make recommendations for any changes that may be deemed 
desirable in the dispute resolution program.  
    Sec. 137.  Laws 1983, chapter 290, section 172, is amended 
to read:  
    Sec. 172.  [APPROPRIATIONS; COMPLEMENT INCREASE.] 
    Subdivision 1.  [DEPARTMENT OF LABOR AND INDUSTRY.] (a) 
There is appropriated to the department of labor and industry 
for the fiscal years ending June 30 of the year indicated from 
the general fund in the state treasury: 
                     $1,947,500                  $2,142,400 
                                   $1,907,500 
    The approved complement of the department of labor and 
industry is increased by 90 of which two shall be federally 
funded and 19 shall be from the special compensation fund.  The 
increased complement shall be allocated as follows:  
    (1) workers' compensation administration, 1;  
    (2) records and compliance, 15;  
    (3) rehabilitation service, 20;  
    (4) legal services, 1;  
    (5) settlement and docket, 3;  
    (6) mediation and arbitration, 6;  
    (7) research and education, 8;  
    (8) information management service, 6;  
    (9) state employee fund, 6;  
    (10) general support, 8; and 
    (11) special compensation fund, 19.  
    The appropriation provided by this clause (a) is for the 
purpose of paying for the increased general fund complement and 
expenses related to their duties except that $100,000 60,000 
shall be used for the recodification of chapter 176 or related 
purposes, including but not limited to the preparation of 
indices, development and preparation of manuals or other 
educational materials designed to explain the workers' 
compensation law to employees, employers, insurers and other 
interested parties.  This $60,000 remains available until June 
30, 1985. 
    The authorized complement for the records and compliance 
section shall be reduced by four positions by June 30, 1985.  
    (b) There is appropriated to the department of labor and 
industry for the fiscal years ending June 30 of the year 
indicated from the general fund in the state treasury: 
                     1984                      1985 
                  $437,500                   $875,000 
    The appropriation provided by this clause (b) is for the 
purpose of paying the state's premium to the workers' 
compensation reinsurance association.  The commissioner of 
finance shall transfer to the general fund from each federal 
fund, dedicated or special revenue fund, or revolving fund the 
proportion of premium costs attributable to that fund as 
calculated pursuant to section 10.  The amounts necessary for 
this transfer are appropriated from the various funds in the 
state treasury from which salaries are paid.  
    (c) There is appropriated to the department of labor and 
industry for the fiscal years ending June 30 of the year 
indicated from the special compensation fund in the state 
treasury: 
                    1984                           1985 
                  $614,000                        $646,400 
    The funds appropriated by this clause (c) are to pay the 
expenses of the increased complement provided for the fund by 
clause (a) and expenses related to their duties and to reimburse 
the general fund for legal services performed on behalf of the 
fund by the attorney general. 
    Sec. 138.  Laws 1983, chapter 301, section 38, is amended 
to read: 
    Sec. 38.  INDIAN AFFAIRS 
COUNCIL                                  205,100      208,900
    Approved Complement - 7 
    General - 6 
    Federal - 1 
 Ten percent of the funding in the 
second year, or $20,900, shall be 
available for allotment upon 
demonstration of dollar for dollar 
match with nonstate contributions.  
Contributions received in the first 
year may be counted as match for the 
second year.  
Those dollars, up to the $20,900, not 
receiving a match shall cancel to the 
general fund. The agency shall report 
to the senate finance committee and 
house of representatives appropriations 
committee by March 1, 1984 its 
accomplishments for the first six 
months of the biennium and its work 
program, including its goals, 
objectives, timelines, and structure, 
for the remainder of the biennium.  The 
appropriation for the second year is 
available for expenditure only with the 
approval of the governor after 
consultation with the legislative 
advisory commission, pursuant to 
Minnesota Statutes, section 3.30.  
    Sec. 139.  Laws 1983, chapter 301, section 39, is amended 
to read:  
    Sec. 39.  COUNCIL ON AFFAIRS 
OF SPANISH-SPEAKING PEOPLE               104,600      105,500
    Approved Complement - 3 
 Ten percent of the funding in the 
second year, or $10,600, shall be 
available for allotment upon 
demonstration of dollar for dollar 
match with nonstate contributions.  
Contributions received in the first 
year may be counted as match for the 
second year.
Those dollars, up to the $10,600, not 
receiving a nonstate match shall cancel 
to the general fund. The agency shall 
report to the senate finance committee 
and house of representatives 
appropriations committee by March 1, 
1984 its accomplishments for the first 
six months of the biennium and its work 
program, including its goals, 
objectives, timelines, and structure, 
for the remainder of the biennium.  The 
appropriation for the second year is 
available for expenditure only with the 
approval of the governor after 
consultation with the legislative 
advisory commission, pursuant to 
Minnesota Statutes, section 3.30.  
    Sec. 140.  Laws 1983, chapter 301, section 40, is amended 
to read: 
    Sec. 40.  COUNCIL ON BLACK 
MINNESOTANS                              104,400      105,600
    Approved Complement - 3.5 
 Ten percent of the funding in the 
second year, or $10,600, shall be 
available for allotment upon 
demonstration of dollar for dollar 
match with nonstate contributions.  
Contributions received in the first 
year may be counted as match for the 
second year.  
Those dollars, up to the $10,600, not 
receiving a nonstate match shall cancel 
to the general fund. The agency shall 
report to the senate finance committee 
and house of representatives 
appropriations committee by March 1, 
1984 its accomplishments for the first 
six months of the biennium and its work 
program, including its goals, 
objectives, timelines, and structure, 
for the remainder of the biennium.  The 
appropriation for the second year is 
available for expenditure only with the 
approval of the governor after 
consultation with the legislative 
advisory commission, pursuant to 
Minnesota Statutes, section 3.30.  
    Sec. 141.  Laws 1983, chapter 301, section 41, is amended 
to read: 
    Sec. 41.  COUNCIL FOR THE 
HANDICAPPED                              330,700      336,700
    Approved Complement - 10 
 Ten percent of the funding in the 
second year, or $33,700, shall be 
available for allotment upon 
demonstration of dollar for dollar 
match with nonstate contributions.  
Contributions received in the first 
year may be counted as match for the 
second year.
Those dollars, up to the $33,700, not 
receiving a nonstate match shall cancel 
to the general fund. The agency shall 
report to the senate finance committee 
and house of representatives 
appropriations committee by March 1, 
1984 its accomplishments for the first 
six months of the biennium and its work 
program, including its goals, 
objectives, timelines, and structure, 
for the remainder of the biennium.  The 
appropriation for the second year is 
available for expenditure only with the 
approval of the governor after 
consultation with the legislative 
advisory commission, pursuant to 
Minnesota Statutes, section 3.30.  
    Sec. 142.  Laws 1983, chapter 301, section 42, is amended 
to read: 
    Sec. 42.  HUMAN RIGHTS 
General Operations and Management       1,363,400   1,440,900 
    Approved Complement - 59 
    General - 43 
    Federal - 16 
 The commissioner of administration 
shall assign a transition team to work 
with the commissioner of human rights 
in reviewing or developing charge 
intake and charge processing policies.  
Specific action plans shall be 
developed for the purpose of improving 
the administration and enforcement of 
the Human Rights Act.  The commissioner 
of administration shall report to the 
legislature by February 1, 1984, on the 
action plans developed and an analysis 
of the resources needed to accomplish 
the statutory responsibilities of the 
commissioner of human rights.  The 
commissioner of administration shall 
consult with the attorney general to 
ensure that the new enforcement 
alternatives being implemented are 
consistent with the objectives and 
requirements of Minnesota Statutes, 
chapter 363. 
 The amounts that may be expended from 
this appropriation for each program are 
as follows: 
Enforcement
   $  900,400    $  979,300 
 The commissioner of human rights may 
assign priority to the investigation of 
charges based on likelihood of early 
settlement, potential for widespread 
impact on discriminatory behavior, or 
other criteria as established by the 
commissioner by rule adopted pursuant 
to Minnesota Statutes, chapter 14.  By 
February 1, 1984, the commissioner 
shall report to the legislature on the 
charge-processing policies that have 
been adopted.  
Planning, Public Information 
and Administrative Services
     $  463,000         $  461,600 
 The commissioner of human rights with 
the approval of the commissioner of 
finance may transfer unencumbered 
balances not specified for a particular 
purpose among the programs specified in 
this section.  Transfers shall be 
reported immediately to the committee 
on finance of the senate and the 
committee on appropriations of the 
house of representatives. 
 The agency shall report to the senate 
finance committee and house of 
representatives appropriations 
committee by March 1, 1984 its 
accomplishments for the first six 
months of the biennium and its work 
program, incuding its goals, 
objectives, timelines, and structure, 
for the remainder of the biennium.  The 
appropriation for the second year is 
available for expenditure only with the 
approval of the governor after 
consultation with the legislative 
advisory commission, pursuant to 
Minnesota Statutes, section 3.30.  If 
approval is obtained, the complement of 
the department of human rights is 
increased by six positions in fiscal 
year 1985.  
    Sec. 143.  [AVAILABILITY OF APPROPRIATION.] 
    The appropriation to the commissioner of finance of 
$600,000 in fiscal year 1985 made by Laws 1983, chapter 301, 
section 53, for reimbursement of excess public employee pension 
contributions as provided by that act and notwithstanding 
anything to the contrary in that act is available for 
expenditure in both fiscal years 1984 and 1985.  
    Sec. 144.  [POLICE AND FIRE AID.] 
    Nothwithstanding any law to the contrary, payments to the 
general fund required of local police and salaried firefighters 
relief associations by Laws 1982, Third Special Session, chapter 
1, article 2, section 2, subdivision 1, paragraph (v), clause 
(6) may be retained by the local relief associations.  
    Sec. 145.  [REALLOCATION OF APPROPRIATION BALANCE.] 
    The unexpended balance of $8,480,000 remaining in the 
appropriation to the commissioner of finance for pension fund 
reimbursements made by Laws 1982, Third Special Session, chapter 
1, article II, section 2, subdivision 1, paragraph (v), clause 
(9), as amended by Laws 1983, chapter 301, section 224, is 
reallocated for expenditure in the following manner:  
    (a) $317,000 for refund to local police and salaried 
firefighters relief associations of payments made by the 
associations pursuant to Laws 1983, Third Special Session, 
chapter 1, article II, section 2, subdivision 1.  
    (b) $6,163,000 for the fiscal year ending June 30, 1984, 
for apportionment to the retirement associations governed by 
Minnesota Statutes, chapters 354 and 354A.  Apportionment shall 
be made on the basis of each association's covered payroll in 
basic and coordinated retirement plans for the fiscal year 
ending June 30, 1983.  
    (c) $2,000,000 shall cancel back to the general fund.  
    Sec. 146.  [AGRICULTURAL INTERPRETIVE CENTER.] 
    (a) Notwithstanding Laws 1983, chapter 344, section 13, 
interest on funds not required for payments to the Agricultural 
Interpretive Center and required to be invested by the state 
board of investment, as well as payments back to the state of 
Minnesota by the center, shall be credited to the state bond 
fund and not to the general fund.  
    (b) Notwithstanding any contract with the operator of the 
Agricultural Interpretive Center, the operator need not repay 
the sum of $1,500,000 plus interest, and need not make debt 
service payments to the state, except as provided in this 
section.  The operator of the Agricultural Interpretive Center 
shall repay $600,000 to the state over a period of not more than 
ten years from the date the last payment from the appropriation 
in Laws 1983, chapter 344, section 13 was made to the operator. 
Repayments shall be made in equal installments deposited in the 
state treasury and credited to the state bond fund before 
November 1 each year.  
    Sec. 147.  [RATIFICATION.] 
    Subdivision 1.  The labor agreement between the state of 
Minnesota and the American federation of state, county, and 
municipal employees, council 6, approved by the legislative 
commission on employee relations on July 22, 1983, is ratified.  
    Subd. 2.  The labor agreement between the state of 
Minnesota and the Minnesota association of professional 
employees, approved by the legislative commission on employee 
relations on August 22, 1983, is ratified.  
    Subd. 3.  The labor agreement between the state of 
Minnesota and the middle management association, approved by the 
legislative commission on employee relations on August 22, 1983, 
is ratified.  
    Subd. 4.  The labor agreement between the state of 
Minnesota and the bureau of criminal apprehension agents' 
association, Minnesota conservation officers association, and 
Minnesota state patrol officers association, approved by the 
legislative commission on employee relations on August 22, 1983, 
is ratified.  
    Subd. 5.  The labor agreement between the state of 
Minnesota and the Minnesota government engineers' council, 
approved by the legislative commission on employee relations on 
August 22, 1983, is ratified.  
    Subd. 6.  The commissioner of employee relations' plan for 
unrepresented employees, approved by the legislative commission 
on employee relations on August 22, 1983, is ratified.  
    Subd. 7.  The commissioner of employee relations' plan for 
managerial employees, as amended and approved by the legislative 
commission on employee relations on October 3, 1983, is ratified.
    Subd. 8.  The salary plan for positions listed in section 
15A.081, subdivision 1, approved by the legislative commission 
on employee relations on October 3, 1983, is ratified.  
    Subd. 9.  The labor agreement between the state of 
Minnesota and the association of health treatment professionals, 
approved by the legislative commission on employee relations on 
October 3, 1983, is ratified.  
    Subd. 10.  The labor agreement between the state of 
Minnesota and the Minnesota nurses association, approved by the 
legislative commission on employee relations on November 14, 
1983, is ratified.  
    Subd. 11.  The labor agreement between the state of 
Minnesota and the interfaculty organization, Minnesota education 
association, approved by the legislative commission on employee 
relations on January 31, 1984, is ratified.  
    Subd. 12.  The labor agreement between the state of 
Minnesota and the Minnesota community college faculty 
association, Minnesota education association, approved by the 
legislative commission on employee relations on January 31, 
1984, is ratified.  
    Subd. 13.  The labor agreement between the state of 
Minnesota and the Minnesota state university association of 
administrative service faculty, international brotherhood of 
teamsters, local 320, approved by the legislative commission on 
employee relations on January 31, 1984, is ratified.  
    Subd. 14.  The labor agreement between the state of 
Minnesota and the state residential schools education 
association is ratified.  
    Sec. 148.  [INTERIM APPROVAL.] 
    After adjournment of the 1984 session but before the 1985 
session of the legislature, the legislative commission on 
employee relations may give interim approval to any negotiated 
agreement, arbitration award, or compensation or salary plan 
submitted to it under other law.  The commission shall submit 
the agreement, award, or plan to the entire legislature for 
ratification in the same manner and with the same effect as 
provided for agreements, awards, and plans submitted after 
adjournment of the legislature in an odd-numbered year.  
    Sec. 149.  [UNIT COMPOSITION SCHEDULE.] 
    The unit composition schedule adopted by the legislative 
commission on employee relations on March 24, 1980, as amended 
by the legislature and by action of the bureau of mediation 
services, is amended by deleting the job classification "heavy 
equipment service attendant" from unit 3, and inserting this job 
classification in unit 2.  
    Sec. 150.  [RED LAKE WATERSHED DISTRICT.] 
    The Red Lake watershed district may study ways to improve 
the management of the Clearwater River.  
    Sec. 151.  [MANUFACTURING GROWTH COUNCIL.] 
    Subdivision 1.  [LEGISLATIVE FINDINGS AND PURPOSE.] The 
legislature finds that manufacturing is vital to the economic 
growth of Minnesota; that there is little knowledge or consensus 
of future economic policy orientation in manufacturing in 
Minnesota; that plant closings, job losses, and economic loss to 
communities continue to threaten economic life in our state; and 
that state and national business growth are undergoing patterns 
of change.  
    In response to these findings, Minnesota must provide 
leadership to examine issues relating to manufacturing by 
establishing a mechanism to encourage consensus, compromise, and 
broad support among diverse groups interested in Minnesota's 
economic growth.  Representatives of manufacturing management, 
labor, and state government must work together to establish 
long-term goals for manufacturing growth through careful 
economic analysis.  The legislature must clearly indicate to 
manufacturing labor and management that it is willing to address 
the problems of Minnesota manufacturers.  
    Subd. 2.  [CREATION OF COUNCIL.] There is created the 
Minnesota Manufacturing Growth Council whose purpose is to 
address manufacturing concerns in Minnesota.  The council shall 
consist of 21 members appointed by the governor.  The governor 
shall serve as chairperson of the council.  The governor shall 
appoint seven members who represent manufacturing labor; seven 
members who represent manufacturing management; the 
commissioners of economic security, energy and economic 
development, and labor and industry; one economist; and two 
members of the public-at-large.  The governor shall seek to 
appoint at least one member representing manufacturing 
businesses owned or managed by women.  
    Subd. 3.  [DUTIES.] The duties and responsibilities of the 
council are:  
    (1) to recommend realistic objectives and goals for state 
manufacturing growth;  
    (2) to collect and analyze manufacturing data necessary for 
state policymaking; the council shall monitor permanent plant 
closings, plant relocations to other states, out-of-state 
expansions by firms with headquarters or significant facilities 
in Minnesota, expansions within the state, and new plant 
start-ups; the council shall identify Minnesota's competitive 
position in the national and international marketplace in both 
general and industry-by-industry terms and shall forecast the 
current and long-term supply and demand by industry for 
Minnesota manufacturing labor and products;  
    (3) to devise a strategy for encouraging Minnesota-based 
firms to maintain or expand production and jobs in the state;  
    (4) to identify the kinds of manufacturing firms that may 
have a special economic advantage for locating in Minnesota;  
    (5) to provide a forum within state government to address 
concerns and problems of individual manufacturers;  
    (6) to make regularly scheduled advisory reports to the 
legislature that outline specific proposals for allocating state 
resources necessary to implement a manufacturing policy;  
    (7) to design systematic procedures for measuring the 
effect that proposed state policies will have on Minnesota's 
position in the competition for manufacturing jobs;  
    (8) to create a center for productivity with the following 
responsibilities:  to organize an adopt-a-company program 
designed to give small- to medium-sized companies assistance in 
productivity, planning, implementation, and review; to promote 
productivity improvements by acting as an information resource; 
to determine a research program to evaluate productivity 
processes and measure the improvements of various programs; to 
encourage additional productivity partnerships between 
manufacturing labor, management, and educational institutions; 
and to sponsor group roundtables to discuss technology, improved 
productivity, and concern for job security on a sector-by-sector 
basis; and 
    (9) to conduct a study to consider establishing a program 
to assist troubled manufacturing firms by determining the 
feasibility of a state assistance program, outlining how the 
program might work, and estimating its potential costs.  
    Subd. 4.  [OFFICES, STAFF, SUPPORT.] The commissioner of 
energy and economic development shall provide the council with 
suitable offices, staff, and general administrative support.  
    Subd. 5.  [REPEALER.] This section is repealed June 30, 
1986.  
    Sec. 152.  [CONVENTION FACILITY COMMISSION.] 
    Subdivision 1.  [LEGISLATIVE POLICY; PURPOSE.] The 
legislature finds that Minnesota does not have a convention 
facility that is competitive in the national and international 
convention market.  The legislature also finds that establishing 
a world class convention center in Minnesota could be an 
economic development initiative of statewide significance that 
may make a major contribution to the state's economic 
development and employment objectives.  It is therefore 
necessary to determine the potential for improving Minnesota's 
position in the national convention market, and to prepare a 
proposal for the construction, operation, maintenance, 
promotion, location, and financing of a world-class state 
convention facility.  
    Subd. 2.  [COMMISSION; MEMBERSHIP, ADMINISTRATION.] (a) The 
Minnesota convention facility commission is established and 
shall be organized, structured, and administered as provided in 
this section.  
    (b) The commission consists of one member from each 
congressional district and up to seven additional members, 
including the chairman, appointed by the governor.  Commission 
members shall be compensated as provided in Minnesota Statutes, 
section 15.0575, subdivision 3.  
    (c) The chairman of the commission shall be appointed by 
the governor.  The chairman shall preside at all meetings of the 
commission, if present, and perform all other duties and 
functions assigned by the commission or by law.  The commission 
may appoint from among its members a vice-chairman to act for 
the chairman during temporary absence or disability.  
    Subd. 3.  [POWERS OF COMMISSION.] (a) [GENERAL.] The 
commission shall have all powers necessary or convenient to 
discharge the duties imposed by law, including those specified 
in this section.  
    (b) [ACTIONS.] The commission may sue and be sued and shall 
is a public body within the meaning of chapter 562.  
    (c) [EMPLOYEES; CONTRACTS FOR SERVICES.] The commissioner 
of energy and economic development may employ persons and 
contract for services necesary to carry out the functions of the 
commission.  Employees are in the unclassified service and 
members of the Minnesota State Retirement System.  
    (d) [RESEARCH.] The commmission may conduct research 
studies and programs, collect and analyze data, prepare reports, 
maps, charts, and tables, and conduct all necessary hearings and 
investigations in connection with its functions.  
    Subd. 4.  [COMMISSION DUTIES.] (a) [COMMISSION'S REPORT.] 
Not later than February 5, 1985, the commission shall make a 
report to the governor and legislature containing the 
commission's findings and recommendations and a proposal for the 
construction, operation, maintenance, promotion, location, and 
financing of a Minnesota state convention facility.  
    (b) [SELECTION OF HOST CITY.] By September 11, 1984, the 
commission shall choose the city in which the convention 
facility is to be located.  The commission shall hold at least 
one hearing at which any city wishing to be considered as the 
location for the convention facility may give testimony.  For 
the purposes of this section, the term "city"  includes 
statutory and home rule charter cities.  
    (c) [MARKET ANALYSIS.] The commission's report shall 
contain a market analysis that evaluates Minnesota's potential 
to compete successfully for large national conventions and 
describes the type of convention, hotel, and related facilities 
and promotional efforts needed to be competitive in the national 
market.  
    (d) [ECONOMIC BENEFIT ANALYSIS.] The commission's report 
shall estimate the economic and other impact of the proposed 
facility.  
    (e) [OWNERSHIP AND OPERATION.] The commission's report 
shall contain a primary proposal for ownership, operation, and 
promotion of the facility along with a list of alternate 
proposals.  
    (f) [LOCATION.] The commission's report shall contain a 
listing of alternative sites considered for the convention 
facility, and the proposal shall recommend a specific site for 
the convention facility.  The report shall indicate whether the 
host city for the convention facility supports the proposed site.
    (g) [FINANCING.] The commission's report shall include a 
description of financing alternatives considered by the 
commission and a proposed method for financing the facility.  
    Subd. 5.  [TERMINATION.] This section is repealed July 1, 
1985.  
    Sec. 153.  [INDIAN COUNTRY LIQUOR LICENSES.] 
    Subdivision 1.  [TOWN LIQUOR LICENSE.] Notwithstanding any 
other provision of law, the town of Shingobee in Cass County and 
the town of Lake Edward in Crow Wing County may renew any 
off-sale intoxicating liquor licenses issued by it prior to the 
effective date of this act, and all licenses issued by the town 
prior to the effective date of this act may remain in effect.  
    Subd. 2.  [ON-SALE AND OFF-SALE LICENSES; INDIAN 
RESERVATIONS.] Notwithstanding section 340.11 or any other law 
to the contrary, a license to sell off-sale or on-sale 
intoxicating liquor in effect on July 1, l984, and issued by the 
governing body of an Indian tribe in accordance with United 
States Code, title 18, section 1161, is valid under chapter 340 
without obtaining a license from a local unit of government.  A 
valid license under this section may be renewed with the 
approval of the commissioner of public safety.  
    Subd. 3.  [REPEALER.] This section is repealed July 1, 1985.
    Sec. 154.  [LINO LAKES ENERGY SERVICES.] 
    Notwithstanding any other law to the contrary, there shall 
be no shared energy services under Minnesota Statutes, section 
16.02, subdivision 29, at the Minnesota correctional facility at 
Lino Lakes.  
    Sec. 155.  [REPEALER.] 
    Minnesota Statutes 1982, sections 10.13; 16A.132; 16A.51; 
16A.59; and 16A.73; 84.82, subdivision 1; Minnesota Statutes 
1983 Supplement, section 17.106; and Laws 1983, chapter 301, 
section 233, are repealed.  
    Sec. 156.  [EFFECTIVE DATE.] 
    This article is effective the day following final 
enactment, except that the motor vehicle transfer fee is 
effective for initial registrations and transfers that occur on 
and after September 1, 1984. 

                               ARTICLE 3 

             AGRICULTURE, TRANSPORTATION AND OTHER AGENCIES 
    Section 1.  TRANSPORTATION 
    Approved Complement 
    Trunk Highway - Add 9 
The appropriations in this section are 
from the trunk highway fund, except 
where another fund is designated. 
(a) Trunk Highway Development        26,300,000  23,500,000
 It is estimated that this appropriation 
will be funded by Federal Highway Aid 
amounting to $26,300,000 and the 
transfer of motor vehicle excise tax 
receipts amounting to $23,500,000. 
 This appropriation is added to the 
appropriation in Laws 1983, chapter 
293, section 2, subdivision 2. 
(b) County State Aids                            11,300,000 
 This appropriation is added to the 
appropriation in Laws 1983, chapter 
293, section 2, subdivision 2.  
 This appropriation is from the county 
state-aid highway fund and is available 
until expended.  
(c) Municipal State Aids                          3,400,000 
 This appropriation is added to the 
appropriation in Laws 1983, chapter 
293, section 2, subdivision 2.  
 This appropriation is from the 
municipal state-aid street fund and is 
available until expended.  
(d) Equal Employment Opportunity                    255,000
This appropriation is added to the 
appropriation for construction support 
in Laws 1983, chapter 293, section 2, 
subdivision 3. 
(e) Maintenance Deficiency            1,000,000
 This appropriation is added to the 
appropriation for maintenance in Laws 
1983, chapter 293, section 2, 
subdivision 3. 
Of the appropriation in Laws 1983, 
chapter 293, section 2, subdivision 3, 
for highway maintenance, $930,000 of 
the appropriation for fiscal year 1985 
is also available for fiscal year 1984. 
(f) Expanded Program Delivery                     6,500,000
 This appropriation is added to the 
engineering services activity 
appropriation in Laws 1983, chapter 
293, section 2, subdivision 4. 
 The commissioner of administration 
shall prepare a report to the chairman 
of the house appropriations committee 
and the chairman of the senate finance 
committee regarding the long-term 
staffing and financial needs required 
by the department of transportation in 
order to provide maximum cost 
effectiveness in the delivery of the 
projected highway construction 
improvement program.  This report shall 
include, but is not necessarily limited 
to, an assessment of staffing needs in 
design and construction for a projected 
ten-year period, assumptions used in 
projecting the level of the highway 
improvement program, cost effectiveness 
of consultant work in all areas of 
project development, and 
recommendations on the criteria which 
should be used to guide decisions on 
the need for enhancing department 
complement levels or contracting for 
project development services.  The 
commissioner of transportation shall 
cooperate in the preparation of this 
report.  The commissioner of 
administration shall submit the report 
along with recommendations to the 
chairman of the house appropriations 
committee and the chairman of the 
senate finance committee by November 1, 
1984. 
 This appropriation shall not be 
considered the base appropriation for 
succeeding fiscal years.  The 
commissioner of transportation shall 
incorporate the recommendations of the 
report as part of the department's 
1985-1987 biennial budget submitted to 
the legislature. 
 The commissioner of transportation 
shall not alter the existing nine 
district departmental structure prior 
to June 30, 1985. 
(g) Junkyard Regulation, Screening, 
and Removal                                         250,000 
 This appropriation is from the general 
fund to pay the costs incurred under 
Minnesota Statutes, section 161.242, 
subdivisions 3 and 4, and to make 
reimbursements to counties, on 
application by them, for the reasonable 
costs incurred by them in the 
enforcement of county ordinances 
regulating junkyards.  
(h) Bicycle Transportation Program                   66,600
 This appropriation is added to the 
environmental services activity 
appropriation in Laws 1983, chapter 
293, section 2, subdivision 4. 
(i) Transit Assistance                           12,600,000
This appropriation is from the transit 
assistance fund and is available only 
for distribution as provided in this 
paragraph. 
The commissioner may distribute up to 
100 percent of the receipts made 
available for the metropolitan area in 
the fiscal year ending June 30, 1985, 
for the planning and engineering design 
for light rail transit in the Hiawatha, 
University and Southwest Corridors.  
The commissioner may distribute up to 
100 percent of the receipts made 
available for recipients outside of the 
metropolitan area in the fiscal year 
ending June 30, 1985, as he deems 
appropriate.  
 The commissioner of transportation 
shall submit to the chairman of the 
house appropriations committee and the 
chairman of the senate finance 
committee budget and proposed contract 
plans for the expenditure of this 
appropriation.  The commissioner shall 
not expend this appropriation until the 
chairmen have made their 
recommendations on the expenditure 
plans and contracts.  The 
recommendations are advisory only. 
 For the biennium ending June 30, 1985, 
the Metropolitan Transit Commission 
shall provide each month to the 
administrator of the Work Incentive 
Program in the Department of Economic 
Security no more than 575 monthly 
"All-You-Can-Ride" bus passes for use 
by the participants in the training and 
job replacement programs. 
(j) Rail Service Improvements                        17,500
 This appropriation is from the general 
fund. 
 This appropriation is for the purpose 
of conducting a study of expanded 
railroad passenger service. 
The commissioner of transportation 
shall study the feasibility and 
potential methods of expanding railroad 
passenger service in the state.  The 
study must examine the following rail 
corridors:  (1) St. Paul to Willmar to 
Morris to Breckenridge to Moorhead; (2) 
Moorhead to Grand Forks to Winnipeg; 
(3) St. Paul to Mankato to Worthington; 
(4) St. Paul to Northfield to Owatonna 
to Albert Lea to Austin; (5) Duluth to 
Virginia to International Falls to 
Winnipeg; (6) St. Paul to Rochester; 
and St. Paul to Alexandria to Fergus 
Falls to Moorhead to Winnipeg. The 
commissioner shall collect ridership 
data independent from AMTRAK data to 
analyze ridership and shall focus on 
local and intermediate stops.  In 
analyzing the feasibility of expanding 
the railroad passenger service, the 
commissioner shall consider the 
following factors and any other factors 
deemed appropriate:  (1) minimum train 
speed, service frequency, and 
performance standards; (2) station 
locations; (3) availability of 
equipment; (4) ridership forecasts; (5) 
track upgrading estimates; (6) fuel 
consumption; and (7) estimated fare 
recovery in relation to total operating 
costs.  The commissioner shall report 
to the house and senate transportation 
committees by February 1, 1985, on his 
findings and recommendations.  
This appropriation may not be expended 
until units of government along the 
proposed corridors have committed at 
least $17,500 to match it. 
 Notwithstanding any provision of 
Minnesota Statutes, chapter 16A or any 
other law, the total amount 
appropriated for rail service 
improvements by Laws 1983, chapter 293, 
section 2, subdivision 5(a), shall be 
available for expenditure in any fiscal 
year. 
(k) General Support                                 169,100
$147,400 of this appropriation is added 
to the finance and administration 
activity appropriation in Laws 1983, 
chapter 293, section 2, subdivision 7.  
$21,700 of this appropriation is added 
to the general services activity 
appropriation in Laws 1983, chapter 
293, section 2, subdivision 7.  
    Sec. 2.  PUBLIC SAFETY 
    Approved Complement 
    General - Add 5.25 
    Trunk Highway - Subtract 1 
    Federal - Add 1.25 
(a) Capitol Security Position Transfer               40,900
 This appropriation is added to the 
appropriation for capitol security in 
Laws 1983, chapter 293, section 4, 
subdivision 7.  The trunk highway fund 
appropriation for the state patrol in 
Laws 1983, chapter 293, section 4, 
subdivision 6, is reduced by $40,900 
for the year ending June 30, 1985. 
(b) Natural Gas Pipeline Safety                      34,800
 This appropriation is added to the 
appropriation for fire safety in Laws 
1983, chapter 293, section 4, 
subdivision 5. 
(c) Licensing and Regulation of Video 
Games of Chance                                      75,000
 This appropriation is for the liquor 
control division to regulate the sale 
and operation of video games of chance 
in Minnesota. 
(d) Local Grants for Buy Fund                       100,000 
 This appropriation is added to the 
appropriation in Laws 1983, chapter 
293, section 4, subdivision 4, for 
grants to local officials for the 
cooperative investigation of 
cross-jurisdictional criminal activity. 
The commissioner of public safety shall 
report to the legislature by March 1, 
1985, on the expenditure of money from 
this appropriation. 
    Sec. 3.  AGRICULTURE 
    Approved Complement 
    General Fund - Add 8 
 Seven of these positions are in the 
unclassified service.  
(a) Quality Standards for Milk Manufacturers         40,000
 This appropriation is added to the 
appropriation for agricultural 
protection services in Laws 1983, 
chapter 293, section 5. 
 The general fund appropriation for Milk 
for Manufacturing investment 
reimbursements in Laws 1983, chapter 
232, section 3, subdivision 1, is 
reduced by $40,000 for the biennium 
ending June 30, 1985. 
(b) Claims for Livestock Depredation                 30,000
 This appropriation is added to the 
appropriation for administration and 
financial aids services in Laws 1983, 
chapter 293, section 5. 
(c) Trade and Export Activity          108,000      142,000
 This appropriation is added to the 
appropriation for the same purpose in 
Laws 1983, chapter 301, section 29. 
 Any unencumbered balance of this 
appropriation remaining in the first 
year shall not cancel, but is available 
for the second year of the biennium. 
(d) International Trade                              59,000
This appropriation is added to the 
appropriation for the trade and export 
office in Laws 1983, chapter 301, 
section 29. 
 $180,000 of the appropriation made in 
Laws 1983, chapter 301, section 29, for 
the trade and export office shall not 
cancel but is available for fiscal year 
1985. 
(e) Family Farm Crisis Project                       50,000
 This appropriation shall be used to 
provide financial advice and counsel to 
farmers in financial crisis. 
 Individuals providing advice and 
counsel to farmers in financial crisis 
shall be knowledgable and gualified and 
shall be trained by the commissioner of 
agriculture before beginning their 
duties. 
(f) Administration and Financial 
Aids Services                                        65,000
 This appropriation is for the purpose 
of contracting for studies into the 
effects and abatement of animal health 
and production problems created by 
stray voltage.  Results of the studies 
shall be reported to the legislature by 
March 1, 1985. 
(g) Soil and Water Conservation                      74,000
 This appropriation is for the purpose 
of implementing the various 
agricultural land preservation and 
conservation programs provided for by 
this act. 
(h) Availability of Certain Appropriations 
 Notwithstanding any contrary provision 
of Laws 1983, chapter 293, section 5, 
the appropriations made in that section 
for the southern Minnesota river basin 
study area 2 and for grants to soil and 
water districts for cost-sharing 
contracts for erosion control and water 
quality management are available until 
expended. 
    Sec. 4.  COMMERCE 
    Approved Complement 
    General Fund - Add 12 
(a) Real Estate Education and Research               25,000
 This appropriation is added to the 
appropriation for investment protection 
in Laws 1983, chapter 293, section 7.  
This appropriation is from the real 
estate education, research, and 
recovery account in the special revenue 
fund for the purpose of Minnesota 
Statutes, section 82.34, subdivision 6. 
(b) Enforcement and Investigation                   348,500
 This appropriation is added to the 
appropriation in Laws 1983, chapter 
293, section 7. 
     Sec. 5.  BOARD OF BOXING                        22,800
   Approved Complement - Add 1 
This appropriation is added to the 
appropriation in Laws 1983, chapter 
293, section 8, subdivision 6. 
     Sec. 6.  PUBLIC SERVICE                         85,000
 This appropriation is added to the 
appropriation in Laws 1983, chapter 
293, section 10, for the purpose of 
relocating the weights and measures 
division.  
 Of this amount no more than $30,000 
shall be recovered through the 
division's service fees and may be 
distributed equitably over a period not 
to exceed five years.  
 The attorney general shall pursue 
reimbursement to the general fund from 
the trunk highway fund and the federal 
government for costs associated with 
the relocation of the weights and 
measures division. 
    Sec. 7.  RACING COMMISSION 
 The University of Minnesota shall 
prepare and present to the legislature 
by January 1, 1985, a plan for 
providing analytical laboratory 
services for medical testing of horses 
running at racetracks licensed by the 
Minnesota racing commission.  If the 
racing commission, in cooperation with 
the University of Minnesota, finds it 
necessary to obtain funding for the 
racing analytical laboratory before 
January 1, 1985, in order for the 
laboratory to be operational for the 
1985 racing season, the racing 
commission may apply to the legislative 
advisory commission for funding from 
the general contingent account. 
     Sec. 8.  MINNESOTA HISTORICAL SOCIETY
(a) Artists Exhibit in the State Capitol             50,000
(b) Acquire and restore Lind House       30,000 
 This appropriation is for payment to 
the City of New Ulm, but is available 
only to match contributions received 
from nonstate sources in the amount of 
$30,000, dollar for dollar.  This 
appropriation is available until June 
30, 1985.  
(c) Roy Wilkins Memorial 
 The Minnesota historical society shall 
prepare a proposal for the legislature 
recommending a suitable memorial in the 
state capitol area commemorating the 
life and works of Roy Wilkins.  The 
Minnesota historical society shall 
solicit the advice of the National 
Association for the Advancement of 
Colored People and the capitol area 
architectural and planning board 
regarding the design and placement of 
the proposed memorial.  The Minnesota 
historical society shall submit the 
proposal not later than February 1, 
1985.  
(d) State Archaeologist                              26,500
 This appropriation is for payment to 
the state archaeologist for the purpose 
of performing the duties relating to 
Minnesota Statutes, sections 138.31 to 
138.42. 
(e)  Birch Coulee Battlefield 
State Historic Site                                    10,000 
This appropriation is to repair park 
facilities and make road improvements 
related to conveyance of the picnic 
grounds area to Renville County. 
    Sec. 9.  BOARD OF THE ARTS 
(a) Administrative Services                           5,000
(b) Grants                                          100,000
 $50,000 is to match a sponsorship 
program grant from the Northwest Area 
Foundation and may be used only for 
that purpose.  
 $50,000 is to be granted to the 
regional arts councils to match 
sponsorship program grants from the 
Blandin Foundation and may be used only 
for that purpose. 
 The appropriations in (a) and (b) are 
added to the appropriations for the 
same purposes in Laws 1983, chapter 
293, section 18. 
     Sec. 10.  VOYAGEURS NATIONAL PARK 
CITIZENS COMMITTEE                      11,500       22,000
 This appropriation is added to the 
appropriation in Laws 1983, chapter 
293, section 15.  This appropriation is 
for the purpose of seeking federal 
funds for the planning and development 
of the Voyageurs National Park and to 
promote Voyageurs National Park on a 
national level through designation of 
the Voyageurs National Park as a pilot 
project area for the national tourism 
and recreation industry program, except 
that $5,000 in the second year is for 
planning, promoting, and implementing a 
Voyageurs recognition day and for 
general promotional purposes. 
 Any unencumbered balance remaining in 
the first year shall not cancel, but is 
available for the second year of the 
biennium. 
     Sec. 11.  VETERANS OF FOREIGN WARS               5,000
 This appropriation is added to the 
appropriation in Laws 1983, chapter 
293, section 25.  
     Sec. 12.  UNIFORM LAWS COMMISSION                4,000
 This appropriation is added to the 
appropriation in Laws 1983, chapter 
293, section 14.  
 Of this appropriation, $500 may be used 
for the purpose of supporting the 
activities of the annual convention to 
be held in Minnesota. 
    Sec. 13.  Minnesota Statutes 1983 Supplement, section 
10A.01, subdivision 18, is amended to read: 
    Subd. 18.  "Public official" means any: 
    (a) member of the legislature; 
    (b) constitutional officer in the executive branch and his 
chief administrative deputy; 
    (c) member, chief administrative officer or deputy chief 
administrative officer of a state board or commission which has 
at least one of the following powers:  (i) the power to adopt, 
amend or repeal rules, or (ii) the power to adjudicate contested 
cases or appeals; 
    (d) commissioner, deputy commissioner or assistant 
commissioner of any state department as designated pursuant to 
section 15.01; 
    (e) individual employed in the executive branch who is 
authorized to adopt, amend or repeal rules or adjudicate 
contested cases; 
    (f) executive director of the state board of investment; 
    (g) executive director of the Indian affairs intertribal 
board; 
    (h) commissioner of the iron range resources and 
rehabilitation board; 
    (i) director of mediation services; 
    (j) deputy of any official listed in clauses (e) to (i); 
    (k) judge of the workers' compensation court of appeals; 
    (l) hearing examiner or compensation judge in the state 
office of administrative hearings or hearing examiner in the 
department of economic security; 
    (m) solicitor general or deputy, assistant or special 
assistant attorney general; 
    (n) individual employed by the legislature as secretary of 
the senate, legislative auditor, chief clerk of the house, 
revisor of statutes, or researcher or attorney in the office of 
senate research, senate counsel, or house research; or 
    (o) member or chief administrative officer of the 
metropolitan council, regional transit board, metropolitan 
transit commission, metropolitan waste control commission, 
metropolitan parks and open spaces commission, metropolitan 
airports commission or metropolitan sports facilities 
commission; or 
    (p) executive director of the Minnesota educational 
computing consortium. 
    Sec. 14.  Minnesota Statutes 1982, section 15.0597, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] As used in this section, the 
following terms shall have the meanings given them. 
    (a) "Agency" means (1) a state board, commission, council, 
committee, authority, task force or other similar multi-member 
agency created by statute and having statewide jurisdiction; and 
(2) the metropolitan council, metropolitan transit commission 
regional transit board, metropolitan airports commission, 
metropolitan parks and open space commission, metropolitan 
sports facilities commission, metropolitan waste control 
commission, capitol area architectural and planning board, and 
any agency with a regional jurisdiction created in this state 
pursuant to an interstate compact. 
    (b) "Vacancy" or "vacant agency position" means (1) a 
vacancy in an existing agency, or (2) a new, unfilled agency 
position; provided that "agency" shall not mean (1) a vacant 
position on an agency composed exclusively of persons employed 
by a political subdivision or another agency, or (2) a vacancy 
to be filled by a person required to have a specific title or 
position. 
    (c) "Secretary" means the secretary of state. 
    Sec. 15.  Minnesota Statutes 1983 Supplement, section 
15A.081, subdivision 7, is amended to read: 
    Subd. 7.  The following salaries are provided for officers 
of metropolitan agencies: 
                              Effective          Effective 
                               July 1             July 1 
                                1983               1984  
Chairman, metropolitan 
  council                      $47,000            50,000 
Chairman, metropolitan 
  airports commission           14,000            16,000 
Chairman, metropolitan 
  transit commission            42,000            46,000 -0- 
Chairman, regional
  transit board                    -0-            46,000 
Chairman, metropolitan 
  waste contol 
  commission                   18,500             20,000 
    Fringe benefits for unclassified employees of the 
metropolitan waste control commission shall not exceed those 
fringe benefits received by unclassified employees of the 
metropolitan council. 
    Sec. 16.  Minnesota Statutes 1982, section 17A.03, is 
amended by adding a subdivision to read:  
    Subd. 13.  [STATE LIVESTOCK WEIGHMASTER.] "State livestock 
weighmaster" means a person employed by the department and 
appointed by the commissioner to weigh livestock and issue 
official certificates of state weight.  
    Sec. 17.  Minnesota Statutes 1982, section 17A.03, is 
amended by adding a subdivision to read:  
    Subd. 14.  [PUBLIC LIVESTOCK WEIGHER.] "Public livestock 
weigher" means a person employed by the company to be 
responsible and accountable for weighing and recording the 
weights of livestock.  
    Sec. 18.  Minnesota Statutes 1982, section 17A.03, is 
amended by adding a subdivision to read: 
    Subd. 15.  [COMMERCIAL LIVESTOCK SCALE.] "Commercial 
livestock scale" means a livestock scale or monorail scale used 
in the purchase or sale of livestock or livestock carcasses. For 
purposes of this subdivision, "livestock scale" means a scale 
equipped with stock racks and gates and adapted to weighing 
single or multiple heads of livestock standing on the scale 
platform, and "monorail scale" means a scale, also called an 
abattoir scale, a track scale, or a rail scale, the load 
receiving element of which is part of a monorail conveyor system 
and which is used primarily for the weighing of livestock 
carcasses.  
    Sec. 19.  Minnesota Statutes 1982, section 17A.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LICENSING PROVISIONS.] Licenses shall be 
issued to livestock market agencies and public stockyards 
annually and shall expire on December 31 each year, renewable 
annually thereafter.  The license issued to a livestock market 
agency and public stockyard shall be conspicuously posted at the 
licensee's place of business.  Licenses shall be required for 
livestock dealers and their agents for the period beginning July 
1 each year and ending June 30.  The license issued to a 
livestock dealer or the agent of a livestock dealer shall be 
carried by the person so licensed.  The livestock dealer shall 
be responsible for the acts of his agents.  Licensed livestock 
market agencies, public stockyards, and livestock dealers shall 
be responsible for the faithful performance of duty of the 
public livestock weighers at their places of business.  The 
license issued to a livestock market agency, public stockyard or 
a livestock dealer or agent of a livestock dealer is not 
transferable.  The operation of livestock market agencies, 
livestock dealers, agents and packers at a public stockyard are 
exempt from sections 17A.01 to 17A.09, 17A.12 to 17A.15, and 
239.27.  
    Sec. 20.  Minnesota Statutes 1982, section 17A.04, 
subdivision 6, is amended to read: 
    Subd. 6.  [REFUSAL TO LICENSE.] The commissioner shall 
refuse to issue a livestock market agency or livestock dealer 
license if the applicant has not filed a surety bond in the form 
and amount required under sections 17A.04 and 17A.05; the 
commissioner may refuse to issue a license if the applicant (1) 
has not satisfactorily demonstrated by a current balance sheet 
and financial statement that the applicant's assets exceed his 
liabilities; (2) has been found by the department to have failed 
to pay, without reasonable cause, obligations incurred in 
connection with livestock transactions; or (3) has failed to 
maintain and operate livestock or monorail scales in a manner to 
ensure accurate and correct weights; or (4) has failed to comply 
with other statutes or, rules, or regulations enforced by the 
commissioner or, the board of animal health, the division of 
weights and measures of the department of public service, or the 
federal Packers and Stockyards Administration. 
    Sec. 21.  Minnesota Statutes 1982, section 17A.04, 
subdivision 7, is amended to read: 
    Subd. 7.  [REVOCATION OF LICENSE.] Whenever the 
commissioner finds that any livestock market agency or livestock 
dealer has violated the provisions of sections 17A.04, 17A.05, 
17A.07, or 17A.08 this chapter, or has failed to comply with 
other laws, rules, or regulations enforced by the board of 
animal health, the division of weights and measures of the 
department of public service, or the federal Packers and 
Stockyards Administration, the commissioner may, by order, 
pursuant to the provisions of chapter 14, and this subdivision, 
revoke the license of the offender.  Before any such license 
shall be revoked, the licensee shall be furnished with a 
statement of the complaints made against him, and a hearing 
shall be had before the commissioner upon at least ten days 
notice to the licensee to determine whether such license shall 
be revoked, which notice may be served either by certified mail 
addressed to the address of the licensee as shown in his 
application or in the manner provided by law for the service of 
a summons.  At the time and place fixed for hearing, the 
commissioner or any official, employee or agent of the 
department authorized by the commissioner, shall receive 
evidence, administer oaths, examine witnesses, hear the 
testimony and thereafter file an order either dismissing the 
proceedings or revoking the license. 
    Sec. 22.  Minnesota Statutes 1982, section 17A.04, 
subdivision 8, is amended to read: 
    Subd. 8.  [SUSPENSION OF LICENSE.] Whenever the 
commissioner finds that the licensee has violated the provisions 
of sections 17A.04, 17A.05, 17A.07, or 17A.08 this chapter, or 
has failed to comply with other laws, rules, or regulations 
enforced by the board of animal health, the division of weights 
and measures of the department of public service, or the Federal 
Packers and Stockyards Administration, and that the continued 
activity of a licensee may cause irreparable injury or loss to 
persons engaged in business with the licensee, the commissioner 
may, without hearing, suspend the license of the licensee, 
provided that when a license is so suspended, the commissioner 
shall immediately initiate procedures to afford the licensee a 
hearing pursuant to subdivision 7 except that the ten days 
notice required in subdivision 7 may be waived by the licensee. 
    Sec. 23.  Minnesota Statutes 1982, section 17A.05, is 
amended to read: 
    17A.05 [AMOUNT OF BONDS.] 
    Subdivision 1.  [LIVESTOCK MARKET AGENCIES.] The amount of 
each livestock market agency bond filed with the commissioner 
shall be not less than $10,000 or such larger amount as 
required, based on the commissioner's consideration of the 
principal's financial statement, the volume of business he 
reports, or any other factor the commissioner deems pertinent 
for the protection of the public.  Each such bond shall be 
executed on a Packers and Stockyards Act form and shall contain 
the condition clause applicable when the principal sells on 
commission.  A bond equivalent in the form of a trust fund 
agreement executed in accordance with the Packers and Stockyards 
Act, 1921, as amended, (7 U.S.C. 181 et seq.) shall be is 
acceptable. 
    Subd. 2.  [LIVESTOCK DEALERS.] The amount of each livestock 
dealer bond filed with the commissioner shall be not less than 
$5,000 or such larger amount as required, based on the 
commissioner's consideration of the principal's financial 
statement, the volume of business he reports, or any other 
factor the commissioner deems pertinent for the protection of 
the public.  Each such bond shall contain the condition clause 
applicable when the principal buys on commission or as a 
dealer.  A livestock dealer's bond shall be executed on a form 
furnished by the commissioner or in accordance with the Packers 
and Stockyards Act, 1921, as amended, (7 U.S.C. 181 et seq.). 
    If the When a bond is executed on a state form furnished by 
the commissioner, the bond shall be for the protection of both 
the buyer and the seller named in the transaction when the 
principal fails to pay when due for livestock purchased or sold 
for his own account or the account of others and shall be 
limited to the protection of claimants whose residence or 
principal place of livestock business is in the state of 
Minnesota at the time of the transaction.  If the bond is filed 
on a form in accordance with the Packers and Stockyards Act, the 
bond shall cover claimants regardless of place of residence. 
    Sec. 24.  Minnesota Statutes 1983 Supplement, section 
17A.06, subdivision 3, is amended to read: 
    Subd. 3.  [LEGAL PUBLIC NOTICE.] Prior to a hearing, the 
commissioner shall notify by certified mail all known potential 
claimants and publish a notice setting forth the default of the 
licensee and requiring all claimants to file proof of claim with 
the commissioner within three months 45 days of the date such 
notice is published or be barred from participating in the 
proceeds of the bond.  Such publication shall be made for three 
consecutive weeks in a newspaper published at the county seat of 
in the county in which the licensee has his principal place of 
business.  The commissioner shall also fulfill any notice 
requirements prescribed by chapter 14 and rules of the office of 
administrative hearings.  No claim shall be allowed unless it is 
filed with the commissioner within one year of the date of the 
transaction.  If a livestock market agency or livestock dealer 
has on file a Packers and Stockyards Act bond and is registered 
with the Packers and Stockyards Administration, the terms of the 
bond or that federal agency's regulations will control in 
determining the time for filing claims. 
    Sec. 25.  Minnesota Statutes 1982, section 17A.07, is 
amended to read: 
    17A.07 [PROHIBITED CONDUCT.] 
    It shall be unlawful for any person to (1) carry on the 
business of a livestock market agency or, livestock dealer, or 
public stockyard without a valid and effective license issued by 
the commissioner under the provisions of section 17A.04; (2) 
carry on the business of a livestock market agency or livestock 
dealer without filing and maintaining a valid and effective 
surety bond in conformity with sections 17A.04 and 17A.05; (3) 
carry on the business of a livestock market agency or livestock 
dealer if he cannot pay his debts as they become due or ceases 
to pay his debts in the ordinary course of business as they 
become due; (4) use or allow to be used any livestock scale or 
monorail scale which has not been certified and approved for 
official use or has been found to be inaccurate; (5) fail to 
maintain and operate livestock or monorail scales in a manner to 
ensure accurate and correct weights; (6) weigh livestock or 
carcasses at other than true and correct weights or issue 
accounts and records on the basis of inaccurate or incorrect 
weights; (7) engage in or use any unfair or deceptive practice 
or device in connection with marketing of livestock; (5) (8) 
willfully make or cause to be made any false entry or statement 
of fact in any application, financial statement or report filed 
with the department under the provisions of sections 17A.04, 
17A.05 and 17A.08 this chapter.  
    Sec. 26.  Minnesota Statutes 1982, section 17A.10, is 
amended to read: 
    17A.10 [PACKING PLANTS, LIVESTOCK MARKET AGENCIES SCALES 
AND STOCKYARDS; WEIGHERS WEIGHING.] 
    Subdivision 1.  [COMMERCIAL LIVESTOCK SCALES.] All 
livestock scales and monorail scales used for the purpose of 
buying or selling livestock or livestock carcasses within the 
state must meet the construction, maintenance, testing, and 
certification requirements of the division of weights and 
measures of the department of public service, and be in 
compliance with the scales and weighing regulations of the 
Packers and Stockyards Administration of the United States 
Department of Agriculture and be tested and certified by the 
state division of weights and measures.  The division of weights 
and measures or an authorized scale company shall test all 
livestock scales at least twice per year.  The department of 
agriculture may perform scale maintenance inspections at least 
twice per year at intervals that will provide alternate testing 
or inspection of each scale every 90 days.  Special tests may be 
required as necessary.  The basic maintenance tolerance for 
livestock scales is one pound per 1,000 pounds of test load. The 
responsibility for compliance of a scale with these requirements 
rests with the owner or manager of the scale.  
    Subd. 2.  [STATE LIVESTOCK WEIGHMASTERS.] The commissioner 
shall appoint at public stockyards, packing plants, slaughtering 
houses, buying stations, or livestock market agencies where the 
average daily number of livestock weighed for the purpose of 
establishing a basis for sale is 500 head or more, and the 
commissioner may appoint state employees as necessary to provide 
state weighing service at public stockyards, packing plants, 
slaughtering houses, buying stations, or livestock market 
agencies on application from such facilities where the average 
daily number of livestock weighed for the purpose of 
establishing a basis for sale is less than 500 head, such 
weighers as may be necessary for weighing livestock, provided 
that no weighers shall be required at facilities where the only 
livestock handled has been previously purchased or acquired, and 
title or terms of ownership already established.  The 
commissioner shall prescribe and follow such reasonable 
regulations as he deems necessary for determining such daily 
average.  Such weighers the business entity requesting official 
state livestock weighing.  State livestock weighmasters shall 
weigh all livestock coming to these places for sale, and keep a 
record thereof.  Upon request, the weighers shall of the 
weights, and furnish the interested parties a certificate 
setting forth of state weight stating the number of animals 
weighed and the actual weight of such animal or the animals.  
Such The certificate shall be is prima facie evidence of the 
facts therein certified.  The scales at all such places on which 
livestock is weighed shall be constructed and maintained in 
accordance with the requirements of the state division of 
weights and measures, and be tested up to the maximum draft that 
may be weighed thereon, at least once every 90 days, and be in 
compliance with all the statutory requirements and regulations 
adopted by the state division of weights and measures pertaining 
to livestock scales and weighing.  An application for official 
state livestock weighing constitutes an agreement between the 
business entity requesting state weighing and the commissioner. 
The agreement is for one year beginning July 1 and ending the 
following June 30.  The agreement automatically renews each year 
unless the average daily number of livestock weighed falls below 
500 head, in which case the business entity must give the 
commissioner a written notice of intent to terminate at least 90 
days prior to July 1.  Otherwise the commissioner shall continue 
to provide state weighing services in accordance with this 
chapter.  
    State weighing service that exists on January 1, 1984, may 
not be terminated except as provided in this subdivision.  
    Subd. 3.  [SUPERVISION AND ENFORCEMENT.] State livestock 
weighmasters have charge over the scales on which official 
certificates of state weight are issued to ensure compliance 
with scale maintenance and testing requirements and proper 
weighing procedures.  
    The commissioner shall appoint law compliance personnel as 
necessary to provide maintenance inspections, check-weighing, 
comparison weighing, and record audits and to investigate 
complaints in order to enforce this chapter.  
    The regulations pertaining to livestock and monorail scales 
adopted by the Packers and Stockyards Administration of the 
United States Department of Agriculture are applicable in 
Minnesota, and a memorandum of understanding with the Packers 
and Stockyards Administration provides for a cooperative state 
and federal enforcement program.  
    Sec. 27.  Minnesota Statutes 1982, section 17A.11, is 
amended to read: 
    17A.11 [FEES FOR LIVESTOCK WEIGHING.] 
    The commissioner shall prescribe the fee necessary to cover 
the cost of such state weighing, to be assessed and collected 
from the seller in such the manner as the commissioner may 
prescribe; provided, that.  The fee prescribed by the 
commissioner shall not exceed the fee in effect on March 1, 
1984.  The fee assessed must be the same, and the manner of 
collection thereof of the fee must be uniform at all facilities, 
and provided, further, that if.  At any location, except a 
public stockyard, where state weighing is performed in 
accordance with Laws 1974, Chapter 347 this chapter and the 
total annual fees collected are insufficient to pay the cost of 
such the weighing, the annual deficit shall be assessed and 
collected in such the manner as the commissioner may prescribe.  
Additional moneys money arising from the weighing of animals by 
the commissioner, which have has been collected and retained by 
any person, shall be paid on demand to the commissioner.  All 
moneys money collected by the commissioner shall be deposited in 
the state treasury and credited to the livestock weighing fund, 
and shall be paid out only on the order of the commissioner and 
the state's warrant. 
    Sec. 28.  Minnesota Statutes 1982, section 17A.12, is 
amended to read: 
    17A.12 [QUALIFICATIONS.] 
    No weigher state livestock weighmaster shall, during his 
the weighmaster's term of service, be in any manner financially 
interested in the handling, shipping, purchase, or sale of 
livestock, nor or in the employment of any person engaged 
therein.  
    Sec. 29.  [17A.17] [AUDIT BY DEPARTMENT.] 
    The department may audit records, including incoming 
purchase records of a livestock packer and shipping weights or 
transfer of weight invoices, in order to ensure there are no 
weight discrepancies in hot weight or grade and yield 
transactions.  
    Sec. 30.  Minnesota Statutes 1983 Supplement, section 
38.02, subdivision 1, is amended to read: 
    Subdivision 1.  [PRO RATA DISTRIBUTION; CONDITIONS.] (1) 
Money appropriated to aid county and district agricultural 
societies and associations shall be distributed among all county 
and district agricultural societies or associations in the state 
pro rata, upon condition that each of them has complied with the 
conditions specified in clause (2). 
    (2) To be eligible to participate in such distribution, 
each such agricultural society or association (a) shall have 
held an annual fair for each of the three years last past, 
unless prevented from doing so because of a calamity or an 
epidemic declared by the local board of health or the state 
commissioner of health to exist; (b) shall have an annual 
membership of 25 or more; (c) shall have paid out to exhibitors 
for premiums awarded at the last fair held a sum not less than 
the amount to be received from the state; (d) shall have 
published and distributed not less than three weeks before the 
opening day of the fair a premium list, listing all items or 
articles on which premiums are offered and the amounts of such 
premiums and shall have paid premiums pursuant to the amount 
shown for each article or item to be exhibited; provided that 
premiums for school exhibits may be advertised in the published 
premium list by reference to a school premium list prepared and 
circulated during the preceding school year; and shall have 
collected all fees charged for entering an exhibit at the time 
the entry was made and in accordance with schedule of entry fees 
to be charged as published in the premium list; (e) shall have 
paid not more than one premium on each article or item 
exhibited, excluding championship or sweepstake awards, and 
excluding the payment of open class premium awards to 4H Club 
exhibits which at this same fair had won a first prize award in 
regular 4H Club competition; (f) shall have submitted its 
records and annual report to the commissioner of agriculture on 
a form provided by the commissioner of agriculture, on or before 
the first day of December November of the current year. 
    (3) All payments authorized under the provisions of this 
chapter shall be made only upon the presentation by the 
commissioner of agriculture with the commissioner of finance of 
a statement of premium allocations.  As used herein the term 
premium shall mean the cash award paid to an exhibitor for the 
merit of an exhibit of livestock, livestock products, grains, 
fruits, flowers, vegetables, articles of domestic science, 
handicrafts, hobbies, fine arts, and articles made by school 
pupils, or the cash award paid to the merit winner of events 
such as 4H Club or Future Farmer Contest, Youth Group Contests, 
school spelling contests and school current events contests, the 
award corresponding to the amount offered in the advertised 
premium list referred to in schedule 2.  Payments of awards for 
horse races, ball games, musical contests, talent contests, 
parades, and for amusement features for which admission is 
charged, are specifically excluded from consideration as 
premiums within the meaning of that term as used herein.  Upon 
receipt of the statement by the commissioner of agriculture, it 
shall be the duty of the commissioner of finance to draw his 
voucher in favor of the agricultural society or association for 
the amount to which it is entitled under the provisions of this 
chapter, which amount shall be computed as follows:  On the 
first $750 premiums paid by each society or association, such 
society or association shall receive 100 percent reimbursement; 
on the second $750 premiums paid, 80 percent; on the third $750 
premiums paid, 60 percent; and on any sum in excess of $2,250, 
40 percent. 
     (4) If the total amount of state aid to which the 
agricultural societies and associations are entitled under the 
provisions of this chapter exceeds the amount of the 
appropriation therefor, the amounts to which the societies or 
associations are entitled shall be pro rated so that the total 
payments by the state will not exceed the appropriation. 
    Sec. 31.  [40A.01] [STATE AGRICULTURAL LAND PRESERVATION 
POLICY.] 
    Subdivision 1.  [GOALS.] The goals of this chapter are to:  
    (1) preserve and conserve agricultural land for long-term 
agricultural use in order to protect the productive natural 
resources of the state, maintain the farm and farm-related 
economy of the state, and assure continued production of food 
and other agricultural products;  
    (2) preserve and conserve soil and water resources; and 
    (3) encourage the orderly development of rural and urban 
land uses.  
    Subd. 2.  [METHODS.] The goals contained in subdivision 1 
will be best met by combining state policies and guidelines with 
local implementation and enforcement procedures and private 
incentives.  
    Sec. 32.  [40A.02] [DEFINITIONS.] 
    Subdivision 1.  [TERMS DEFINED.] As used in this chapter, 
the terms defined in this section have the meanings given them.  
    Subd. 2.  [AGENCY.] "Agency" means the state planning 
agency.  
    Subd. 3.  [AGRICULTURAL USE.] "Agricultural use" means the 
production of livestock, dairy animals, dairy products, poultry 
or poultry products, fur bearing animals, horticultural or 
nursery stock, fruit, vegetables, forage, grains, or bees and 
apiary products.  "Agricultural use" also includes wetlands, 
pasture, forest land, wildlife land, and other uses that depend 
on the inherent productivity of the land.  
    Subd 4.  [BOARD.] "Board" means the state soil and water 
conservation board.  
    Subd. 5.  [COMMISSIONER.] "Commissioner" means the 
commissioner of agriculture.  
    Subd. 6.  [CROP EQUIVALENT RATING.] "Crop equivalent 
rating" means a rating that reflects the net economic return per 
acre of soil when managed for cultivated crops, permanent 
pasture, or forest, whichever provides the highest net return.  
    Subd. 7.  [DEPARTMENT.] "Department" means the department 
of agriculture.  
    Subd. 8.  [DEVELOPMENT.] "Development" means the 
subdivision and partitioning of land or the construction of 
residences on land or the conversion to competing land uses.  
    Subd. 9.  [DISTRICT.] "District" means a soil and water 
conservation district.  
    Subd. 10.  [EXCLUSIVE AGRICULTURAL USE ZONE.] "Exclusive 
agricultural use zone" or "zone" means a zone created under this 
chapter.  
    Subd. 11.  [FOREST LAND.] "Forest land" has the meaning 
given in section 88.01, subdivision 7.  
    Subd. 12.  [LOCAL GOVERNMENT.] "Local government" means a 
county or municipality.  
    Subd. 13.  [METROPOLITAN AREA.] "Metropolitan area" has the 
meaning given in section 473.121, subdivision 2.  
    Subd. 14.  [MUNICIPALITY.] "Municipality" means a statutory 
or home rule charter city or town.  
    Subd. 15.  [OFFICIAL CONTROLS.] "Official controls" or 
"controls" has the meaning given in section 462.352, subdivision 
15.  
    Subd. 16.  [SOIL SURVEY.] "Soil survey" means the 
comprehensive inventory and classification of soil types being 
conducted by the Minnesota cooperative soil survey.  
    Sec. 33.  [40A.03] [PILOT COUNTY AGRICULTURAL LAND 
PRESERVATION.] 
    Subdivision 1.  [PILOT COUNTIES; SELECTION.] By January 1, 
1985, the commissioner, in consultation with counties and 
regional development commissions, where they exist, shall select 
not more than seven counties located outside of the metropolitan 
area that request to participate in a pilot program for county 
agricultural land preservation.  If possible, counties shall 
include:  
    (1) a county that currently has official controls for 
agricultural land preservation and an adjacent county that does 
not have official controls;  
    (2) a county that is experiencing problems with forest land 
preservation;  
    (3) a county where a high level of development is likely to 
occur in the next ten years; and 
    (4) other counties representing a cross-section of 
agricultural uses and land management problems in the state.  
    Subd. 2.  [PLANS AND OFFICIAL CONTROLS.] By January 1, 
1987, each pilot county selected under subdivision 1 shall 
submit to the commissioner and to the regional development 
commission in which it is located, if one exists, a proposed 
agricultural land preservation plan and proposed official 
controls implementing the plan.  The commissioner, in 
consultation with the regional development commission, shall 
review the plan and controls for consistency with the elements 
in this chapter and shall submit written comments to the county 
within 90 days of receipt of the proposal.  The comments must 
include a determination of whether the plan and controls are 
consistent with the elements in this chapter.  The commissioner 
shall notify the county of its determination.  If the 
commissioner determines that the plan and controls are 
consistent, the county shall adopt the controls within 60 days 
of completion of the commissioner's review.  
    Sec. 34.  [40A.04] [STATEWIDE AGRICULTURAL LAND 
PRESERVATION.] 
    Subdivision 1.  [COUNTIES.] Each county with a completed 
county soil survey, except for counties in the metropolitan 
area, may submit to the commissioner and to the regional 
development commission in which it is located, if one exists, a 
proposed agricultural land preservation plan and proposed 
official controls implementing the plan.  The remaining counties 
located outside of the metropolitan area may submit a proposed 
plan and proposed controls.  To the extent practicable, 
submission of the proposal must coincide with the completion of 
the county soil survey.  The commissioner, in consultation with 
the regional development commission, shall review the plan and 
controls for consistency with the elements in this chapter and 
shall submit written comments to the county within 90 days of 
receipt of the proposal.  The comments must include a 
determination of whether the plan and controls are consistent 
with the elements in this chapter.  The commissioner shall 
notify the county of its determination.  If the commissioner 
determines that the plan and controls are consistent, the county 
shall adopt the controls within 60 days of completion of the 
commissioner's review.  
    Subd. 2.  [NONMETROPOLITAN CITY.] A city that is located 
partially within a county in the metropolitan area but is not 
included in the definition of the metropolitan area may elect to 
be governed by this section.  The city may:  
    (1) request the county outside of the metropolitan area 
where it is partially located to include the city in the 
agricultural land preservation plan and official controls of the 
county, using the joint planning board process under section 
462.3585; or 
    (2) perform the duties of a county independently under this 
section.  
    If the city does not elect to be governed by this section, 
the city shall perform the duties of an authority under chapter 
473H.  
    Sec. 35.  [40A.05] [ELEMENTS OF PLAN AND OFFICIAL 
CONTROLS.] 
    Subdivision 1.  [GENERAL.] The plans and official controls 
prepared under this chapter must address the elements contained 
in this section.  
    Subd. 2.  [PLAN.] A plan must address at least the 
following elements:  
    (1) integration with comprehensive county plans;  
    (2) identification of land currently in agricultural use, 
including the type of agricultural use, the relative productive 
value of the land based on the crop equivalent rating, and the 
existing level of investment in buildings and equipment;  
    (3) identification of areas in which development is 
occurring or is likely to occur during the next 20 years;  
    (4) identification of existing and proposed public sanitary 
sewer and water systems;  
    (5) classification of land suitable for long-term 
agricultural use and its current and future development;  
    (6) determination of present and future housing needs 
representing a variety of price and rental levels and an 
identification of areas adequate to meet the demonstrated or 
projected needs; and 
    (7) a general statement of policy as to how the county will 
achieve the goals of this chapter.  
    Subd. 3.  [OFFICIAL CONTROLS.] Official controls 
implementing a plan must be consistent with the plan and must 
address at least the following elements:  
    (1) designation of land suitable for long-term agricultural 
use and the creation of exclusive agricultural use zones, 
allowing for conditional, compatible uses that do not conflict 
with long-term agricultural use;  
    (2) designation of urban expansion zones where limited 
growth and development may be allowed;  
    (3) residential density requirements and minimum lot sizes 
in exclusive agricultural use zones and urban expansion zones; 
and 
    (4) standards and procedures for county decisions on 
rezoning, subdivision, and parcel divisions.  
    Sec. 36.  [40A.06] [CONTESTED CASE HEARINGS; JUDICIAL 
REVIEW.] 
    If a county or a municipality in the county disputes the 
determination of the commissioner relating to the elements under 
this chapter, the county or municipality may request that the 
commissioner initiate a contested case proceeding under chapter 
14 within 30 days after receiving the determination.  In 
addition, ten or more eligible voters of the county who own real 
estate within the county may request a contested case 
proceeding.  The commissioner shall initiate the proceeding 
within 30 days after receiving the request.  Judicial review of 
the contested case decision is as provided in chapter 14.  
    Sec. 37.  [40A.07] [MUNICIPAL AGRICULTURAL LAND 
PRESERVATION.] 
    Subdivision 1.  [FAILURE BY COUNTY TO PLAN.] As of January 
1, 1990, if a county has not submitted a proposed agricultural 
land preservation plan and proposed official controls to the 
commissioner and the regional development commission, if one 
exists, a municipality within the county may request by 
resolution that the county submit a plan and official controls 
to the commissioner and the regional development commission.  If 
the county does not do so within one year of receipt of the 
resolution, the municipality may perform the duties of the 
county with respect to land under its jurisdiction.  
    Subd. 2.  [RELATIONSHIP TO OTHER LAWS.] Nothing in this 
chapter limits a municipality's power to plan or zone under 
other laws or to adopt official controls that are consistent 
with or more restrictive than those enacted by the county.  
    Sec. 38.  [40A.08] [STATE PLANNING AGENCY; REGIONAL 
DEVELOPMENT COMMISSIONS.] 
    The state planning agency shall cooperate with and assist 
the commissioner in administering the agricultural land 
preservation program under this chapter.  The commissioner may 
enter into agreements with the agency or a regional development 
commission under which staff are loaned for the purpose of 
selecting pilot counties and reviewing plans and official 
controls for consistency with the state guidelines.  
    Sec. 39.  [40A.09] [EXCLUSIVE AGRICULTURAL USE ZONE; 
ELIGIBILITY.] 
    An owner or owners of land that has been designated for 
exclusive long-term agricultural use under a plan submitted to 
or approved by the commissioner is eligible to apply for the 
creation of an exclusive agricultural use zone.  Eligibility 
continues unless the commissioner determines that the plan and 
official controls do not address the elements contained in this 
chapter or unless the county fails to implement the plan and 
official controls as required by this chapter.  
    Sec. 40.  [40A.10] [APPLICATION FOR CREATION OF EXCLUSIVE 
AGRICULTURAL USE ZONE.] 
    Subdivision 1.  [CONTENTS.] An eligible person may apply to 
the county in which the land is located for the creation of an 
exclusive agricultural use zone on forms provided by the 
commissioner.  In case a zone is located in more than one 
county, the application must be submitted to the county in which 
the majority of the land is located.  The application must 
contain at least the following information and other information 
the commissioner requires:  
    (a) Legal description of the area to be designated and 
parcel identification numbers where designated by the county 
auditor;  
    (b) Name and address of the owner;  
    (c) A witnessed signature of the owner covenanting that the 
land will be kept in exclusive agricultural use and will be used 
in accordance with the provisions of this chapter that exist on 
the date of application; and 
    (d) A statement that the restrictive covenant will be 
binding on the owner or the owner's successor or assignee, and 
will run with the land.  
    In the case of registered property, the owner shall submit 
the owner's duplicate certificate of title along with the 
application.  
    Subd. 2.  [REVIEW AND NOTICE.] Upon receipt of an 
application, the county shall determine if all material required 
by subdivision 1 has been submitted and, if so, shall determine 
that the application is complete.  The county shall send a copy 
of the application to the regional development commission, where 
applicable, and the soil and water conservation district where 
the land is located.  The district shall prepare an advisory 
statement of existing and potential conservation problems in the 
zone.  The district shall send the statement to the owner of 
record and to the commissioner.  
    Subd. 3.  [RECORDING.] Within five days of the date of 
application, the county shall forward the application to the 
county recorder, together with the owner's duplicate certificate 
of title in the case of registered property.  The county 
recorder shall record the restrictive covenant and return it to 
the applicant.  In the case of registered property, the recorder 
shall memorialize the restrictive covenant upon the certificate 
of title and the owner's duplicate certificate of title.  The 
recorder shall notify the county that the covenant has been 
recorded or memorialized.  
    Subd. 4.  [COMMENCEMENT OF EXCLUSIVE AGRICULTURAL USE 
ZONE.] The land is an exclusive agricultural use zone and 
subject to the benefits and restrictions of this chapter 
commencing 30 days from the date the county determines the 
application is complete under subdivision 1.  
    Subd. 5.  [FEE.] The county may require an application fee, 
not to exceed $50.  
    Sec. 41.  [40A.11] [DURATION OF EXCLUSIVE AGRICULTURAL USE 
ZONE.] 
    Subdivision 1.  [GENERAL.] An exclusive agricultural use 
zone continues in existence until either the owner or the county 
initiates expiration as provided in this section.  The date of 
expiration by the owner or the county must be at least eight 
years from the date of notice under this section.  
    Subd. 2.  [TERMINATION BY OWNER.] The owner may initiate 
expiration of an exclusive agricultural use zone by notifying 
the county on a form prepared by the commissioner and available 
in each county.  The notice must describe the property involved 
and must state the date of expiration.  The notice may be 
rescinded by the owner during the first two years following 
notice.  
    Subd. 3.  [TERMINATION BY COUNTY.] The county may initiate 
expiration of the exclusive agricultural use zone by notifying 
the owner by registered mail on a form provided by the 
commissioner, provided that before notification the following 
conditions are met:  
    (a) The agricultural land preservation plan and official 
controls have been amended so that the land is no longer 
designated for long-term agricultural use; and 
    (b) The commissioner has reviewed and approved the amended 
plan and official controls for consistency with the guidelines 
contained in this chapter.  The notice must describe the 
property involved and must state the date of expiration.  
    Subd. 4.  [NOTICE AND RECORDING; TERMINATION.] When the 
county receives notice under subdivision 2 or serves notice 
under subdivision 3, the county shall forward the original 
notice to the county recorder for recording and shall notify the 
regional development commission and the county soil and water 
conservation district of the date of expiration.  Designation as 
an exclusive agricultural use zone and the benefits and 
limitations contained in this chapter and the restrictive 
covenant filed with the application cease on the date of 
expiration.  In the case of registered property, the county 
recorder shall cancel the restrictive covenant upon the 
certificate of title and the owner's duplicate certificate of 
title on the effective date of the expiration.  
    Subd. 5.  [EARLY EXPIRATION.] An exclusive agricultural use 
zone may be terminated earlier than as provided in this section 
only in the event of a public emergency upon petition from the 
owner or county to the governor.  The determination of a public 
emergency must be made by the governor through executive order 
under section 4.035 and chapter 12.  The executive order must 
identify the exclusive agricultural use zone, the reasons 
requiring the action, and the date of expiration.  
    Sec. 42.  [40A.12] [PROTECTION FOR NORMAL AGRICULTURAL 
PRACTICES.] 
    Local governments may not enact ordinances or regulations 
that may restrict or regulate normal agricultural practices 
within an exclusive agricultural use zone unless the restriction 
or regulation has a direct relationship to public health and 
safety.  This section applies to the operation of vehicles and 
machinery for planting, maintaining, and harvesting crops and 
timber and for caring and feeding farm animals, to the type of 
farming, and to the design of farm structures, except for 
residences.  
    Sec. 43.  [40A.13] [SOIL CONSERVATION PRACTICES.] 
    Subdivision 1.  [CONSERVATION PRACTICES TO PREVENT SOIL 
LOSS REQUIRED.] An owner of agricultural land in an exclusive 
agricultural use zone shall manage the land with sound soil 
conservation practices that prevent excessive soil loss.  Soil 
loss is excessive if it is greater than the soil loss tolerance 
for each soil type described in the United States soil 
conservation service field office technical guide or if the soil 
loss is greater than the soil loss allowed in an ordinance of 
the county.  A sound soil conservation practice prevents 
excessive soil loss or reduces soil loss to the most practicable 
extent.  The county shall enforce this subdivision.  
    Subd. 2.  [COMPLAINT.] An elected local government official 
or district board member from the affected jurisdiction may 
submit a written complaint to the county attorney if conditions 
exist that indicate there is excessive soil loss from a tract of 
land that affects another tract of land or body of water.  The 
written complaint must contain the name and address of the 
landowner, the location of the tract of land with the excessive 
soil loss, other land or water that is affected by the excessive 
soil loss, and a description of the nature of the excessive soil 
loss and resulting sedimentation.  The county attorney may 
submit the complaint to the district for soil loss determination.
    Subd. 3.  [DISTRICT DETERMINATION OF SOIL LOSS.] (a) Upon 
request by the county attorney the district shall determine the 
average soil loss in tons per acre per year of the tract of land 
cited in the complaint.  
    (b) The district shall submit a report to the county 
attorney that states the average soil loss in tons per acre per 
year for each tract of land and if that soil loss exceeds the 
amounts allowed in subdivision 1.  If the soil loss is excessive 
the report must include the existing management and soil 
conservation practices and alternative practices that will 
prevent excessive soil loss or reduce the soil loss to the most 
practicable extent.  If the report shows that the soil loss from 
the tract of land is excessive and alternative practices are 
available to reduce the soil loss the county attorney shall 
submit the complaint and the report to the county board.  
    (c) The district may enter public or private land to make 
an inspection for the determination of soil loss or to complete 
the report.  The landowners must be notified of the time of the 
inspections and be given an opportunity to be present when the 
inspection is made.  
    Subd. 4.  [COUNTY BOARD INSPECTION; RESOLUTION.] (a) Upon 
receipt of the complaint and district report from the county 
attorney the county board may make an inspection of the land 
cited in the complaint to determine if the land is managed 
properly.  The county board may enter public or private land to 
make an inspection for the determination.  The county board must 
notify landowners of the time of the inspection and give them an 
opportunity to be present when the inspection is made.  
    (b) If the county board determines that the land is managed 
properly the complaint must be dismissed.  If the county board 
determines that the land is not being managed properly the board 
shall adopt a resolution that describes alternative management 
practices; requires the owner within one year after receiving 
the resolution to commence practices or measures to reduce soil 
loss to the most practicable extent or prevent excessive soil 
loss, or submit a completed application for cost-sharing funds; 
and require that the practices or measures must be completed 
within one year after cost-sharing funds are available, or two 
years after receiving the resolution, whichever is later.  The 
resolution must be delivered by personal service or certified 
mail to the landowner cited in the complaint.  
    Subd. 5.  [DISTRICT ASSISTANCE.] At the request of a 
landowner receiving a resolution under subdivision 4, the 
district shall assist in the planning, design, and application 
of practices necessary to reduce soil loss to the amounts 
allowed in subdivision 1 or to the greatest practicable extent. 
The district shall give the landowner a high priority for 
technical and cost-sharing assistance.  
    Sec. 44.  [40A.14] [AGRICULTURAL LAND PRESERVATION AND 
CONSERVATION AWARENESS PROGRAM.] 
    Subdivision 1.  [ESTABLISHMENT AND ADMINISTRATION.] An 
agricultural land preservation and conservation awareness 
program is created.  The commissioner shall administer the 
program as provided in this section.  The purposes of the 
program are to promote and increase public awareness of:  
    (1) the need for agricultural land preservation and 
conservation and the consequences of resource degradation;  
    (2) the physical, environmental, and social factors that 
affect agricultural land use; and 
    (3) the availability and effectiveness of agricultural land 
preservation and conservation approaches and technologies.  
    The commissioner shall administer the program in order to 
develop a working partnership between the state and local 
governments.  
    Subd. 2.  [SURVEY.] The commissioner shall survey awareness 
of agricultural land preservation and conservation problems, 
technologies, and available technical and financial resources. 
The survey must include:  
    (1) an assessment of related efforts of the United States 
department of agriculture, the state soil and water conservation 
board, the Minnesota association of soil and water conservation 
districts, and other related public and private organizations;  
    (2) an assessment of programs in other states; and 
    (3) an assessment of attitudes among a variety of target 
audiences in Minnesota that are involved in or affected by land 
use decisions.  
    Subd. 3.  [PUBLIC PARTICIPATION.] The commissioner shall 
ensure the participation of a cross-section of the public in 
developing and promoting programs under this chapter.  The 
commissioner shall actively solicit public involvement in 
reviewing proposed agricultural land preservation plans and 
proposed official controls.  The commissioner shall assist the 
public in obtaining information concerning the status of county 
proposals and the agricultural land preservation and 
conservation assistance program.  The department may form a 
citizen advisory board to assist it in assessing needs, 
determining the feasibility of different approaches, and 
securing applications for assistance and resources in local 
situations.  
    Sec. 45.  [40A.15] [AGRICULTURAL LAND PRESERVATION AND 
CONSERVATION ASSISTANCE PROGRAM.] 
    Subdivision 1.  [ESTABLISHMENT AND ADMINISTRATION.] An 
agricultural land preservation and conservation assistance 
program is created to provide technical and financial assistance 
for agricultural land preservation and conservation activities 
and to provide assistance to counties and municipalities in 
preparing agricultural land preservation plans and official 
controls.  The commissioner shall administer the program under 
rules promulgated under chapter 14.  The commissioner shall 
actively seek the involvement of local government officials in 
the rulemaking process.  
    Subd. 2.  [ELIGIBLE RECIPIENTS.] All counties within the 
state, municipalities that prepare plans and official controls 
instead of a county, and districts are eligible for assistance 
under the program.  Counties and districts may apply for 
assistance on behalf of other municipalities.  In order to be 
eligible for financial assistance a county or municipality must 
agree to levy at least one-half mill on the dollar of assessed 
value of property within its jurisdiction for agricultural land 
preservation and conservation activities or otherwise spend the 
equivalent amount of local money on those activities, or spend 
$15,000 of local money, whichever is less.  
    Subd. 3.  [PROGRAM DEVELOPMENT.] In administering the 
program the commissioner shall time the promotion of public 
awareness and the distribution of technical and financial 
assistance in order to maximize the use of available resources, 
facilitate the agricultural land preservation process, and 
promote sound soil conservation practices.  
    Subd. 4.  [FINANCIAL ASSISTANCE.] The commissioner shall 
administer grants for up to 50 percent of the cost of the 
activity to be funded, except that grants to the pilot counties 
shall be for 100 percent of the cost of preparing new plans and 
official controls required under this chapter.  Grants may not 
be used to reimburse the recipient for activities that are 
already completed.  Grants may be used to employ and train 
staff, contract with other units of government or private 
consultants, and pay other expenses related to promoting and 
implementing agricultural land preservation and conservation 
activities.  The commissioner shall prepare and publish an 
inventory of sources of financial assistance.  To the extent 
practicable, the commissioner shall assist recipients in 
obtaining matching grants from other sources.  
    Subd. 5.  [TECHNICAL ASSISTANCE.] The commissioner shall 
provide for technical assistance for eligible recipients.  The 
commissioner shall provide model plans and model official 
controls for the preservation of land for long-term agricultural 
use that address the elements contained in this chapter.  To the 
extent practicable, the commissioner shall provide technical 
assistance through existing administrative structures.  The 
commissioner may contract for the delivery of technical 
assistance by a regional development commission, a district, any 
state or federal agency, any political subdivision of the state, 
or private consultants.  The commissioner shall prepare and 
publish an inventory of sources of technical assistance, 
including studies, publications, agencies, and persons available.
    Sec. 46.  [40A.16] [INTERAGENCY COOPERATION.] 
    The board, districts, the agency, and the department of 
natural resources shall cooperate with and assist the 
commissioner in developing and implementing the agricultural 
land preservation and conservation awareness and assistance 
programs.  The commissioner may enter into agreements under 
which staff from those agencies are loaned for the purpose of 
administering the programs.  
    Sec. 47.  [40A.17] [REPORT.] 
    The commissioner shall report to the legislature on January 
1 and July 1 of each year on activities under this chapter.  By 
July 1, 1985, the report must include the survey of public 
awareness in the awareness program.  The report shall include 
recommendations for funding levels and other necessary 
legislative action.  
    Sec. 48.  Minnesota Statutes 1983 Supplement, section 
43A.04, subdivision 8, is amended to read: 
    Subd. 8.  [DONATION OF TIME BY STATE PATROL.] 
Notwithstanding any law to the contrary, the commissioner shall 
authorize the appointing authority to permit the donation of up 
to three hours of accumulated vacation time in each year by each 
employee who is a member of law enforcement unit number 1 to 
their union representative for the purpose of carrying out the 
duties of his or her office. 
    Sec. 49.  Minnesota Statutes 1982, section 117.195, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AWARD; INTEREST.] All damages allowed 
under this chapter, whether by the commissioners or upon appeal, 
shall bear interest from the time of the filing of the 
commissioner's report or from the date of the petitioner's 
possession whichever occurs first.  The rate of interest shall 
be determined according to section 549.09.  If the award is not 
paid within 70 days after the filing, or, in case of an appeal 
within 45 days after final judgment, or within 45 days after a 
stipulation of settlement, the court, on motion of the owner of 
the land, shall vacate the award and dismiss the proceedings 
against the land. 
    Sec. 50.  Minnesota Statutes 1982, section 117.232, 
subdivision 1, is amended to read: 
    Subdivision 1.  When acquisition of private property is 
accomplished by the state department of transportation by direct 
purchase the owner shall be entitled to reimbursement for 
appraisal fees, not to exceed a total of $300 $500.  When 
acquisition of private property is accomplished by any other 
acquiring authority, the owner is entitled to reimbursement for 
appraisal fees, not to exceed $300 $500, if the owner is 
otherwise entitled to reimbursement under sections 117.50 to 
117.56.  The purchaser in all instances shall inform the owner 
of his right, if any, to reimbursement for appraisal fees 
reasonably incurred, in an amount not to exceed $300 $500, 
together with relocation costs, moving costs and any other 
related expenses to which an owner is entitled by sections 
117.50 to 117.56.  This subdivision does not apply to 
acquisition for utility purposes made by a public service 
corporation organized pursuant to section 300.03 or electric 
cooperative associations organized pursuant to section 308.05. 
    Sec. 51.  Minnesota Statutes 1982, section 155A.06, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CREATION.] The Minnesota cosmetology 
advisory council is created, consisting of nine 11 members, as 
follows:  Three members representative of consumers; three four 
cosmetologists or shop managers; two three cosmetology school 
representatives, at least one representing of whom shall 
represent public cosmetology schools and one representing 
represent private cosmetology schools; and one representative of 
manufacturers of cosmetology products.  The chair shall be 
selected at the first meeting of each year by the council from 
among its members by majority vote and shall serve until a 
successor is elected. 
    Sec. 52.  Minnesota Statutes 1982, section 161.173, is 
amended to read: 
    161.173 [SUBMISSION OF CORRIDOR PROPOSAL.] 
    The commissioner shall submit to the governing body of each 
municipality wherein a trunk highway is proposed to be 
constructed or improved, and to the governing body of each 
municipality adjacent to any such municipality, a report 
containing:  a statement of the need for this proposed 
construction or improvement, a description of alternate routes 
which were considered by the commissioner and an explanation of 
the advantages and disadvantages in the selection of any route 
considered.  The report shall also contain for each alternate, 
the following information:  general alignment and profile, 
approximate points of access, highway classification, an 
approximate cost estimate, relation to existing and planned 
regional and local development and to other transportation 
routes and facilities, and a statement of the expected general 
effect on present and future use of the property within the 
corridor.  Where a state trunk highway is proposed to be 
constructed or improved within the metropolitan area, a copy of 
the report shall also be submitted to the metropolitan council 
and the metropolitan transit commission regional transit board 
established by chapter 473.  In all areas of the state a copy of 
the report shall be sent to established regional, county and 
municipal planning commissions in the area affected by the 
highway project.  Not less than 45 nor more than 90 days, or as 
otherwise mutually agreed, after the report has been submitted, 
the commissioner shall hold a public hearing on the proposed 
highway construction or improvement at such time and place 
within any municipality wherein a portion of the proposed 
construction or improvement is located, as the commissioner 
shall determine.  Not less than 30 days before the hearing the 
commissioner shall mail notice thereof to the governing body of 
each municipality or agency entitled to receive a copy of the 
report, and shall cause notice of the hearing to be published at 
least once each week for two successive weeks in a newspaper or 
newspapers having general circulation in such municipalities, 
the second publication to be not less than five days before the 
date of the hearing.  The notice shall state the date, time, 
place and purpose of the hearing, shall describe the proposed or 
actual general location of the highway to be constructed or 
improved, and shall state where the report may be inspected 
prior to the hearing by any interested person.  The hearing 
shall be conducted by the commissioner or his designee, and 
shall be transcribed and a record thereof mailed to each 
municipality or agency entitled to receive a copy of the 
report.  All interested persons shall be permitted to present 
their views on the proposed highway construction or 
improvement.  The hearing may be continued as often as 
necessary.  Within 120 days after the hearing is completed, the 
governing body of each municipality or agency entitled to 
receive a copy of the report shall submit to the commissioner 
its approval or disapproval of the report.  If all or any part 
of the report is disapproved, the municipality or agency shall 
state the reasons for such disapproval and suggested changes in 
the report.  The commissioner shall, before preparing additional 
plans for the proposed highway construction or improvement, 
submit to the governing body of each municipality or agency 
disapproving the report, a statement accepting or rejecting any 
suggested changes and the reasons for his acceptance or 
rejection. 
    Sec. 53.  Minnesota Statutes 1982, section 161.174, is 
amended to read: 
    161.174 [SUBMISSION OF LAYOUT PLANS.] 
    The commissioner shall submit to the governing body of each 
municipality wherein a highway is proposed to be constructed or 
improved, a proposed layout plan for the highway construction or 
improvement containing:  the proposed location, elevation, width 
and geometrics of the construction or improvement, together with 
a statement of the reasons therefor.  Said plan shall also 
contain:  approximate right-of-way limits; a tentative schedule 
for right-of-way acquisition, if known; proposed access points; 
frontage roads; separation structures and interchanges; location 
of utilities, when known; landscaping, illumination, a tentative 
construction schedule, if known; and the estimated cost of the 
construction or improvement.  The commissioner shall submit more 
than one layout plan.  Each such plan shall also be submitted to 
the metropolitan council and the metropolitan transit commission 
regional transit board if any portion of the proposed highway 
construction or improvement is located in the metropolitan 
area.  In all areas of the state a copy of the layout plan shall 
be sent to established regional, county and municipal planning 
commissions in the area affected by the highway project.  Not 
less than 90 nor more than 120 days after said plan has been 
submitted, the commissioner shall hold a public hearing on the 
proposed highway construction or improvement at such time and 
place within any municipality wherein a portion of the 
construction or improvement is located, as the commissioner 
shall determine.  The hearing shall be noticed, held and 
conducted in the manner provided in section 161.173, except that 
the commissioner shall mail notice of the hearing only to those 
municipalities and agencies entitled to receive a copy of the 
layout plan.  The hearing shall be transcribed and a record 
thereof made available to each municipality or agency entitled 
to receive a copy of said plan.  Within 180 days after the 
hearing is completed, the commissioner shall formally adopt a 
layout plan.  A copy of the layout plan as adopted shall be 
submitted to each municipality or agency entitled to receive a 
copy of the proposed plan, together with the reasons for any 
change in the plan as presented at the hearing.  Within 120 days 
after the receipt of the adopted layout plan, each such 
municipality or agency shall submit to the commissioner its 
approval or disapproval of the layout plan and the reasons for 
such disapproval, and proposed alternatives, which may include a 
recommendation of no highway. Such alternatives submitted by a 
municipality located within the metropolitan area shall, upon 
request of the municipality, be reviewed by the metropolitan 
council in order to determine whether such alternatives are 
likely to meet minimum federal requirements.  The metropolitan 
council is authorized to provide whatever assistance it deems 
advisable to the submitting municipality in order to assist it 
in arriving at an alternative which meets minimum federal 
requirements.  If said plan or any part thereof is not 
disapproved within such period, the commissioner may proceed to 
prepare final construction plans and specifications for the 
highway construction or improvement consistent with the adopted 
layout plan, and may acquire the necessary right-of-way.  If the 
layout plan or any part thereof is disapproved by any 
municipality or agency, and the commissioner determines to 
proceed with the plan without modifications, he shall proceed in 
the manner provided in section 161.175.  If the commissioner 
determines to proceed with the plan with modifications, he shall 
submit the modified layout plan to the municipalities and 
agencies entitled to receive the original layout plan in the 
manner described above, for approval or disapproval by each such 
municipality or agency within 60 days after receipt of the 
modified layout plan.  If the modified layout plan or any part 
thereof is not disapproved by any municipality or agency within 
60 days after its receipt, the commissioner may proceed to 
prepare final construction plans and specifications consistent 
with the modified layout plan, and may acquire the necessary 
right-of-way.  If the modified plan is disapproved by any 
municipality and the commissioner determines to proceed with the 
plan without additional modification, he shall proceed in the 
manner provided in section 161.175.  If the layout plan is 
disapproved, either as originally submitted or as modified and 
the commissioner does not act pursuant to section 161.175, 
within one year from the date of the completion of the hearing, 
any objecting municipality entitled to receive a copy of the 
layout plan by virtue of this section may invoke the appellate 
procedure pursuant to section 161.175, in the same manner as the 
same might be invoked by the commissioner.  In the event the 
appellate procedure is invoked by either the commissioner or the 
municipality, the commissioner shall hold a public hearing prior 
to the appointment of an appeal board.  Such hearing shall be 
limited to the proposed alternative layout plans. 
    Sec. 54.  Minnesota Statutes 1982, section 161.242, 
subdivision 3, is amended to read: 
    Subd. 3.  [UNAUTHORIZED JUNK YARDS PROHIBITED.] (1) No (a) 
A junk yard may not exist or be operated outside a zoned or 
unzoned industrial area, including those located on public lands 
and reservations of the United States, unless it be is screened 
so as to effectively conceal it from the view of motorists using 
the highway.  The screening required by this section may be 
effected by trees, shrubs, or foliage, natural objects, fences 
or other appropriate means as determined by standards 
established by the commissioner.  Plantings which that will 
eventually achieve effective screening shall be acceptable.  
Plantings shall be used in connection with any fence or other 
non-natural screening device. 
    (2) Any such (b) A portion of a junk yard or portion 
thereof which that cannot be effectively be screened shall 
must be removed or relocated pursuant to under the provisions of 
this section on or before July 1, 1979.  Any such A junk yard 
lawfully existing on along a highway which that is made a part 
of the trunk highway system after January 1, 1975, and becomes 
nonconforming thereby shall be effectively screened or removed 
or relocated within four years thereafter.  Any junk yard which 
that comes into existence after July 1, 1971 which that does not 
conform to this section, or which that becomes nonconforming 
after July 1, 1971, or which that becomes nonconforming after 
action by the commissioner pursuant to this section, is hereby 
declared to be a public nuisance and illegal, and the 
commissioner may enter upon the land where the junk yard is 
located and may screen the same, or may relocate or dispose of 
the junk yard after 90 days notice to the owner or dealer 
thereof, if known, or to the owner of the land.  In this event, 
no compensation shall be paid to the owner or dealer or owner of 
the land, and the commissioner may collect recover the cost of 
screening, removal, relocation or disposal from the owner or 
dealer, if known, or from the owner of the land upon which the 
junk yard is located.  Any costs recovered by the commissioner 
shall be deposited in the general fund.  
    (3) (c) None of the articles commonly found in junk yards 
shall be allowed to remain on the grounds for more than 24 hours 
unless within the buildings or the properly screened area as 
provided herein, nor shall any junk in any junk yard be allowed 
to extend above existing or planned screening so as to be 
visible from the highway.  
    Sec. 55.  Minnesota Statutes 1982, section 161.242, 
subdivision 4, is amended to read: 
    Subd. 4.  [AUTHORITY; ENFORCEMENT.] The commissioner shall 
screen junk yards when required by this section at locations on 
the right-of-way of the highway or on lands within 1,000 feet of 
the right-of-way and shall pay for the costs thereof.  If 
screening is not feasible because of economic or topographic 
reasons, the commissioner shall secure the removal, relocation 
or disposal of such junk yard by sale, agreement, or other 
means, and pay for the costs thereof.  Notwithstanding the other 
provisions of this section, if a junk yard exists within 
one-half mile of the right-of-way of any trunk highway and is 
visible from the highway, the commissioner may acquire easements 
for screening purposes up to one-half mile from the edge of the 
right-of-way of the highway.  The commissioner shall acquire 
such rights and interest in property, personal or real, 
necessary to carry out the purposes of this section by purchase, 
gift, or eminent domain proceedings and shall pay just 
compensation therefor.  The commissioner shall not expend any 
money to acquire rights or interests in junk yards under this 
section, except those for which acquisition proceedings were 
begun before June 8, 1979 or for which federal money has been 
appropriated by Congress for junk yards described in Title 23, 
United States Code, Section 136(j) and the federal share has 
been made available to the commissioner.  All costs described 
herein shall be necessary for a highway purpose.  
    Sec. 56.  Minnesota Statutes 1982, section 161.31, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MAPS.] The commissioner shall periodically 
publish a map showing the location and status of improvements of 
the trunk highway system.  Trunk highway maps may contain 
advertising as a means of offsetting the costs of preparing and 
distributing the maps.  All advertising revenues received by the 
commissioner under this subdivision shall be deposited in the 
trunk highway fund.  
    Sec. 57.  Minnesota Statutes 1983 Supplement, section 
161.43, is amended to read: 
    161.43 [RELINQUISHMENT OF HIGHWAY EASEMENTS.] 
    The commissioner of transportation may relinquish and 
quitclaim to the fee owner an easement or portion of an easement 
owned but no longer needed by the transportation department for 
trunk highway purposes, upon payment to the transportation 
department of an amount of money equal to the appraised current 
market value of the easement.  If the fee owner refuses to pay 
the required amount, or if after diligent search the fee owner 
cannot be found, the commissioner may convey the easement to an 
agency or to a political subdivision of the state upon terms and 
conditions agreed upon, or the commissioner may acquire the fee 
title to the land underlying the easement in the manner provided 
in section 161.20, subdivision 2.  After acquisition of the fee 
title, the lands may be sold to the highest responsible bidder 
upon three weeks published notice of the sale in a newspaper or 
other periodical of general circulation in the county where the 
land is located.  All bids may be rejected and new bids received 
upon like publication.  If the lands remain unsold after being 
offered for sale to the highest bidder, the commissioner may 
retain the services of a licensed real estate broker to find a 
buyer.  The sale price may be negotiated by the broker, but must 
not be less than 90 percent of the appraised market value as 
determined by the commissioner.  The broker's fee must be 
established by prior agreement between the commissioner and the 
broker, and must not exceed ten percent of the sale price for 
sales of $10,000 or more.  The broker's fee must be paid to the 
broker from the proceeds of the sale.  
    Sec. 58.  Minnesota Statutes 1983 Supplement, section 
161.44, subdivision 6a, is amended to read: 
    Subd. 6a.  [SERVICES OF A LICENSED REAL ESTATE BROKER.] If 
the lands remain unsold after being offered for sale to the 
highest bidder, the commissioner may retain the services of a 
licensed real estate broker to find a buyer.  The sale price may 
be negotiated by the broker, but must not be less than 90 
percent of the appraised market value as determined by the 
commissioner.  The broker's fee must be established by prior 
agreement between the commissioner and the broker, and must not 
exceed ten percent of the sale price for sales of $10,000 or 
more.  The broker's fee must be paid to the broker from the 
proceeds of the sale.  
    Sec. 59.  Minnesota Statutes 1982, section 168.27, 
subdivision 2, is amended to read: 
    Subd. 2.  [NEW MOTOR VEHICLE DEALER.] No person shall 
engage in the business of selling or arranging the sale of new 
motor vehicles or shall offer to sell, solicit, arrange or 
advertise the sale of new motor vehicles without first acquiring 
a new motor vehicle dealer license.  A new motor vehicle dealer 
licensee shall be entitled thereunder to sell, broker, wholesale 
or auction and to solicit and advertise the sale, broker, 
wholesale or auction of new motor vehicles covered by his 
franchise and any used motor vehicles or to lease and to solicit 
and advertise the lease of new motor vehicles and any used motor 
vehicles and such sales or leases may be either for consumer use 
at retail or for resale to a dealer. Nothing herein shall be 
construed to require an applicant for a dealer license who 
proposes to deal in new and unused motor vehicle bodies to have 
a bona fide contract or franchise in effect with the 
manufacturer or distributor of any motor vehicle chassis upon 
which the new and unused motor vehicle body is mounted.  
    Sec. 60.  Minnesota Statutes 1982, section 168.27, 
subdivision 3, is amended to read: 
    Subd. 3.  [USED MOTOR VEHICLE DEALER.] No person shall 
engage in the business of selling or arranging the sale of used 
motor vehicles or shall offer to sell, solicit, arrange or 
advertise the sale of used motor vehicles without first 
acquiring a used motor vehicle dealer license.  A used motor 
vehicle dealer licensee shall be entitled thereunder to sell, 
lease, broker, wholesale or auction and to solicit and advertise 
the sale, lease, broker, wholesale or auction of any used motor 
vehicles for consumer use at retail or for resale to a dealer. 
    Sec. 61.  Minnesota Statutes 1982, section 168.33, 
subdivision 2, is amended to read: 
    Subd. 2.  [POWERS.] The registrar shall have the power to 
appoint, hire and discharge and fix the compensation of the 
necessary employees, in the manner provided by law, as may be 
required to enable him to properly carry out the duties imposed 
upon him by the provisions of this chapter.  As of April 14, 
1976, the registrar may appoint, and for cause discontinue, a 
deputy registrar for any city as the public interest and 
convenience may require, without regard to whether the county 
auditor of the county in which the city is situated has been 
appointed as the deputy registrar for the county or has been 
discontinued as the deputy registrar for the county, and without 
regard to whether the county in which the city is situated has 
established a county license bureau which issues motor vehicle 
licenses as provided in section 373.32. 
    Effective August 1, 1976, the registrar may appoint, and 
for cause discontinue, a deputy registrar for any city as the 
public interest and convenience may require, if the auditor for 
the county in which the city is situated chooses not to accept 
appointment as the deputy registrar for the county or is 
discontinued as a deputy registrar, or if the county in which 
the city is situated has not established a county license bureau 
which issues motor vehicle license as provided in section 
373.32.  Any person appointed by the registrar as a deputy 
registrar for any city shall be a resident of the county in 
which the city is situated. 
    The registrar may appoint, and for cause discontinue, the 
county auditor of each county as a deputy registrar.  The 
auditor, with the approval of the director of motor vehicles, 
may appoint, and for cause discontinue, the clerk or equivalent 
officer of each city or any other person as a deputy registrar 
as public interest and convenience may require, regardless of 
his county of residence.  Notwithstanding any other provision, a 
person other than a county auditor or a director of a county 
license bureau, who was appointed by the registrar before August 
1, 1976, as a deputy registrar for any city, may continue to 
serve as deputy registrar and may be discontinued for cause only 
by the registrar.  The county auditor shall be responsible for 
the acts of deputy registrars appointed by him.  Each such 
deputy, before entering upon the discharge of his duties, shall 
take and subscribe an oath to faithfully discharge his duties 
and to uphold the laws of the state.  If a deputy registrar 
appointed hereunder is not an officer or employee of a county or 
city, such deputy shall in addition give bond to the state in 
the sum of $10,000, or such larger sum as may be required by the 
registrar, conditioned upon the faithful discharge of his duties 
as deputy registrar.  A corporation governed by chapter 302A may 
be appointed a deputy registrar.  Upon application by an 
individual serving as a deputy registrar and the giving of the 
requisite bond as provided in subdivision 2 of this section, 
personally assured by the individual or another individual 
approved by the commissioner of public safety, a corporation 
named in an application shall become the duly appointed and 
qualified successor to the deputy registrar.  Each deputy 
registrar appointed hereunder shall keep and maintain, in a 
convenient public place within the place for which he is 
appointed, a registration and motor vehicle tax collection 
bureau, to be approved by the registrar, for the registration of 
motor vehicles and the collection of motor vehicle taxes 
thereon.  He shall keep such records and make such reports to 
the registrar as that officer, from time to time, may require.  
Such records shall be maintained at the facility of the deputy 
registrar.  The records and facilities of the deputy registrar 
shall at all times be open to the inspection of the registrar or 
his agents.  He shall report daily to the registrar all 
registrations made and taxes and fees collected by him.  The 
filing fee imposed pursuant to subdivision 7 shall be deposited 
in the treasury of the place for which he is appointed, or if 
such deputy is not a public official, he shall retain the filing 
fee, but the registration tax and any additional fees for 
delayed registration he has collected he shall deposit each day 
in an approved state depository to the credit of the state 
through the state treasurer.  The place for which the deputy 
registrar is appointed through its governing body shall provide 
the deputy registrar with facilities and personnel to carry out 
the duties imposed by this subdivision if such deputy is a 
public official.  In all other cases, the deputy shall maintain 
a suitable facility for serving the public.  
    Sec. 62.  Minnesota Statutes 1983 Supplement, section 
169.81, subdivision 2, is amended to read: 
    Subd. 2.  [LENGTH OF VEHICLES.] (a) No single unit motor 
vehicle, except truck cranes which may not exceed 45 feet, 
unladen or with load may exceed a length of 40 feet extreme 
overall dimensions inclusive of front and rear bumpers, except 
that the governing body of a city is authorized by permit to 
provide for the maximum length of a motor vehicle, or 
combination of motor vehicles, or the number of vehicles that 
may be fastened together, and which may be operated upon the 
streets or highways of a city; provided, that the permit may not 
prescribe a length less than that permitted by state law.  A 
motor vehicle operated in compliance with the permit on the 
streets or highways of the city is not in violation of this 
chapter.  
    (b) No single semitrailer may have an overall length, 
exclusive of non-cargo-carrying accessory equipment, including 
refrigeration units or air compressors, necessary for safe and 
efficient operation mounted or located on the end of the 
semitrailer adjacent to the truck or truck-tractor, in excess of 
48 feet, except as provided in paragraph (d).  No single trailer 
may have an overall length inclusive of tow bar assembly and 
exclusive of rear protective bumpers which do not increase the 
overall length by more than six inches, in excess of 45 feet. 
For determining compliance with the provisions of this 
subdivision, the length of the semitrailer or trailer must be 
determined separately from the overall length of the combination 
of vehicles.  
    (c) No semitrailer or trailer used in a three-vehicle 
combination may have an overall length, exclusive of 
non-cargo-carrying accessory equipment, including refrigeration 
units or air compressors, necessary for safe and efficient 
operation mounted or located on the end of the semitrailer or 
trailer adjacent to the truck or truck-tractor, and further 
exclusive of the tow bar assembly, in excess of 28-1/2 feet.  
The commissioner may not grant a permit authorizing the 
movement, in a three-vehicle combination, of a semitrailer or 
trailer that exceeds 28-1/2 feet, except that the commissioner 
may renew a permit that was granted before April 16, 1984 for 
the movement of a semitrailer or trailer that exceeds the length 
limitation in this paragraph.  
    (d) The commissioner may issue an annual permit for a 
semitrailer in excess of 48 feet in length, if the distance from 
the kingpin to the centerline of the rear axle group of the 
semitrailer does not exceed 41 feet and if a combination of 
vehicles, which includes a semitrailer in excess of 48 feet for 
which a permit has been issued under this paragraph, does not 
exceed an overall length of 65 feet.  The annual fee for a 
permit issued under this paragraph is $36. 
    Sec. 63.  Minnesota Statutes 1982, section 174.22, is 
amended by adding a subdivision to read: 
    Subd. 2a.  "Metropolitan area" has the meaning given it in 
section 473.121.  
    Sec. 64.  Minnesota Statutes 1982, section 174.22, 
subdivision 5, is amended to read: 
    Subd. 5.  "Operating deficit" means the amount by which the 
total prudent operating expenses incurred in the operation of 
the public transit system exceeds the amount of operating 
revenue derived therefrom and the amount of any social fare 
reimbursement pursuant to section 174.24, subdivision 4 from the 
system. 
    Sec. 65.  Minnesota Statutes 1982, section 174.22, 
subdivision 10, is amended to read: 
    Subd. 10.  "Urbanized area service" means a transportation 
service operating in an urban area of more than 50,000 persons 
but does not include services operated by the metropolitan 
transit commission, as defined in subdivision 4, or elderly and 
handicapped service, as defined in subdivision 13. 
    Sec. 66.  Minnesota Statutes 1982, section 174.22, 
subdivision 13, is amended to read: 
    Subd. 13.  "Elderly and handicapped service" means 
transportation service provided on a regular basis in urbanized 
or large urbanized areas, except for metro mobility service 
established under section 174.31, and designed exclusively or 
primarily to serve individuals who are elderly or handicapped 
and unable to use regular means of public transportation.  
    Sec. 67.  Minnesota Statutes 1982, section 174.23, 
subdivision 2, is amended to read: 
    Subd. 2.  [FINANCIAL ASSISTANCE.] The commissioner shall 
seek out and select eligible recipients of financial assistance 
under sections 174.21 to 174.27.  The commissioner shall 
establish by rule the procedures and standards for review and 
approval of applications for financial assistance submitted to 
the commissioner pursuant to sections 174.21 to 174.27.  Any 
applicant shall provide to the commissioner any financial or 
other information required by the commissioner to carry out his 
duties.  The commissioner may require local contributions from 
applicants as a condition for receiving financial assistance.  
Before the commissioner approves any grant, the application for 
the grant shall be reviewed and approved by the appropriate 
regional development commission or the metropolitan council only 
for consistency with regional transportation plans and 
development guides.  If an applicant proposes a project within 
the jurisdiction of a transit authority or commission or a 
transit system assisted or operated by a city or county, the 
application shall also be reviewed by that commission, authority 
or political subdivision for consistency with its transit 
programs, policies and plans.  Any regional development 
commission that has not adopted a transportation plan may review 
but may not approve or disapprove of any application. 
    Sec. 68.  Minnesota Statutes 1982, section 174.23, 
subdivision 4, is amended to read: 
    Subd. 4.  [RESEARCH; EVALUATION.] The commissioner shall 
conduct research and shall study, analyze, and evaluate 
concepts, techniques, programs, and projects to accomplish the 
purposes of sections 174.21 to 174.27, including traffic 
operations improvements, preferential treatment and other 
encouragement of transit and paratransit services and 
high-occupancy vehicles, improvements in the management and 
operation of regular route transit services, special provision 
for pedestrians and bicycles, management and control of parking, 
changes in work schedules, and reduction of vehicle use in 
congested and residential areas.  The commissioner shall examine 
and evaluate such concepts, techniques, programs, and projects 
now or previously employed or proposed in this state and 
elsewhere.  The commissioner or an independent third party under 
contract to the commissioner shall monitor and evaluate the 
management and operation of public transit systems, services, 
and projects receiving financial or professional and technical 
assistance under sections 174.21 to 174.27 or other state 
programs to determine the manner in which and the extent to 
which such systems, services, and projects contribute or may 
contribute to the purposes of sections 174.21 to 174.27.  The 
commissioner shall develop and promote proposals and projects to 
accomplish the purposes of sections 174.21 to 174.27 and shall 
actively solicit such proposals from municipalities, counties, 
legislatively established transit commissions and authorities, 
regional development commissions, the metropolitan council, and 
potential vendors.  In conducting such activities the 
commissioner shall make the greatest possible use of already 
available research and information.  The commissioner shall use 
the information developed under sections 174.21 to 174.27 in 
developing or revising the state transportation plan. 
    Sec. 69.  Minnesota Statutes 1982, section 174.24, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ESTABLISHMENT; PURPOSE.] A public transit 
participation program is established to carry out the objectives 
stated in section 174.21 by providing financial assistance from 
the state to eligible recipients outside of the metropolitan 
area.  
    Sec. 70.  Minnesota Statutes 1982, section 174.24, 
subdivision 2, is amended to read: 
    Subd. 2.  [ELIGIBILITY; APPLICATIONS.] Any legislatively 
established public transit commission or authority, any county 
or statutory or home rule charter city providing financial 
assistance to or operating public transit, any private operator 
of public transit, or any combination thereof is eligible to 
receive financial assistance through the public transit 
participation program.  Eligible recipients must be located 
outside of the metropolitan area.  
    Sec. 71.  Minnesota Statutes 1983 Supplement, section 
174.24, subdivision 3, is amended to read: 
    Subd. 3.  [FINANCIAL ASSISTANCE.] Payment of financial 
assistance shall be by contract between the commissioner and an 
eligible recipient.  The commissioner shall determine the total 
operating cost of any public transit system receiving or 
applying for assistance in accordance with generally accepted 
accounting principles.  To be eligible for financial assistance, 
an applicant or recipient shall provide to the commissioner all 
financial records and other information and shall permit any 
inspection reasonably necessary to determine total operating 
cost and correspondingly the amount of assistance which may be 
paid to the applicant or recipient.  Where more than one county 
or municipality contributes assistance to the operation of a 
public transit system, the commissioner shall identify one as 
lead agency for the purpose of receiving moneys under this 
section.  
    The commissioner shall adopt rules establishing uniform 
performance standards for private operators of regular route 
transit systems in the transit taxing district, as defined in 
section 473.446, subdivision 2.  The rules are subject to the 
provisions in the Administrative Procedure Act of sections 14.01 
to 14.70.  Payments to those private operators shall be based on 
the uniform performance standards and operating deficit and 
shall not exceed 100 percent of the operating deficit as 
determined by the commissioner.  Payments shall be based on 
approved estimates of expenditures during the contract period 
and shall be subject to audit and adjustment after any payment 
has been made.  
    Prior to distributing operating assistance to eligible 
recipients for any contract period, the commissioner shall place 
all recipients into one of the following classifications:  large 
urbanized area service, urbanized area service, small urban area 
service, rural area service, and elderly and handicapped 
service.  The commissioner shall distribute funds under this 
section so that the percentage of total operating cost paid by 
any recipient from local sources will not exceed the percentage 
for that recipient's classification, except as provided in an 
undue hardship case.  The percentages shall be:  for large 
urbanized area service, 55 percent; for urbanized area service 
and small urban area service, 40 percent; for rural area 
service, 35 percent; and for elderly and handicapped service, 35 
percent.  The remainder of the total operating cost will be paid 
from state funds less any assistance received by the recipient 
from any federal source.  For purposes of this subdivision 
"local sources" means all local sources of funds and includes 
all operating revenue, tax levies, and contributions from public 
funds, except that the commissioner may exclude from the total 
assistance contract revenues derived from operations the cost of 
which is excluded from the computation of total operating cost.  
    If a recipient informs the commissioner in writing after 
the establishment of these percentages but prior to the 
distribution of financial assistance for any year that paying 
its designated percentage of total operating cost from local 
sources will cause undue hardship, the commissioner may reduce 
the percentage to be paid from local sources by the recipient 
and increase the percentage to be paid from local sources by one 
or more other recipients inside or outside the classification, 
provided that no recipient shall have its percentage thus 
reduced or increased for more than two years successively.  If 
for any year the funds appropriated to the commissioner to carry 
out the purposes of this section are insufficient to allow the 
commissioner to pay the state share of total operating cost as 
provided in this paragraph, the commissioner shall reduce the 
state share in each classification to the extent necessary. 
    Sec. 72.  Minnesota Statutes 1982, section 174.24, 
subdivision 5, is amended to read: 
    Subd. 5.  [METHOD OF PAYMENT.] Payments under this section 
to recipients other than the metropolitan transit commission and 
private operators within the seven-county metropolitan area 
whose deficits are funded 100 percent by the state shall be made 
in the following manner:  
    50 percent of the total contract amount in the first month 
of operation;  
    40 percent of the total contract amount in the seventh 
month of operation;  
    9 percent of the total contract amount in the twelfth month 
of operation; and 
    1 percent of the total contract amount after the final 
audit.  
    The method of payment under this section to private 
operators within the seven-county metropolitan area whose 
deficits are funded 100 percent by the state shall be determined 
by the commissioner.  
    Sec. 73.  Minnesota Statutes 1982, section 174.265, 
subdivision 3, is amended to read: 
    Subd. 3.  [ELIGIBILITY.] The commissioner may provide 
assistance under the program to any statutory or home rule 
charter city or town, or group of such cities or towns, which:  
(a) is located within the metropolitan transit taxing district, 
as defined in section 473.446, subdivision 2; (b) is not served 
by the metropolitan transit commission or is served only with 
bus routes which end or begin within the city or town, or group 
of cities or towns; and (c) has fewer than four scheduled runs 
of bus service provided by the commission during off-peak hours; 
and (d) is receiving assistance or has submitted an application 
or a letter of intent to apply for assistance under the program 
by July 1, 1984.  Eligible cities or towns may apply on behalf 
of any operator of public transit with whom they propose to 
contract for service.  
    Sec. 74.  [174.32] [TRANSIT ASSISTANCE PROGRAM.] 
    Subdivision 1.  [ESTABLISHMENT; PURPOSE.] A transit 
assistance program is established to provide transit assistance 
within the state.  The commissioner shall provide financial 
assistance from the fund created in subdivision 2 to eligible 
recipients for transit service activities as provided in this 
section.  
    Subd. 2.  [TRANSIT ASSISTANCE FUND; DISTRIBUTION.] A 
transit assistance fund is created for the purpose of receiving 
money distributed under section 297B.09.  The commissioner shall 
distribute 80 percent of the receipts of the fund to recipients 
located in the metropolitan area and 20 percent to recipients 
located outside of the metropolitan area.  
    Subd. 3.  [ELIGIBLE RECIPIENTS.] A legislatively 
established public transit commission; a public authority 
organized and existing under chapter 398A; a county or statutory 
or home rule charter city operating, intending to operate, or 
providing financial assistance to a transit service; a rail 
authority; or a private operator of public transit is eligible 
for assistance under the program.  
    Subd. 4.  [ELIGIBLE SERVICES.] Transit services eligible 
for assistance under the program include but are not limited to: 
    (1) public transit;  
    (2) light rail transit;  
    (3) commuter van, car pool, ride share, and park and ride; 
and 
    (4) other services that further the purposes of section 
174.21.  
    Subd. 5.  [ELIGIBLE ACTIVITIES.] Activities eligible for 
assistance under the program include but are not limited to:  
    (1) planning and engineering design for transit services;  
    (2) capital assistance to purchase or refurbish transit 
vehicles, purchase rail lines and associated facilities for 
light rail transit, purchase rights-of-way, and other capital 
expenditures necessary to provide a transit service; and 
    (3) other assistance for public transit services.  
    Sec. 75.  [221.022] [METROPOLITAN TRANSIT COMMISSION; 
EXCEPTION.] 
    The powers granted to the board under sections 221.011 to 
221.296 do not include the power to regulate any service or 
vehicles operated by the metropolitan transit commission.  
    Sec. 76.  Minnesota Statutes 1983 Supplement, section 
221.041, is amended by adding a subdivision to read: 
    Subd. 4.  [NONAPPLICABILITY.] This section does not apply 
to any regular-route passenger transportation being performed 
with operating assistance provided by the regional transit board.
    Sec. 77.  Minnesota Statutes 1983 Supplement, section 
221.071, subdivision 1, is amended to read: 
    Subdivision 1.  [CONSIDERATIONS; TEMPORARY CERTIFICATES;  
AMENDING.] If the board finds from the evidence that the 
petitioner is fit and able to properly perform the services 
proposed and that public convenience and necessity require the 
granting of the petition or a part of the petition, it shall 
issue a certificate of public convenience and necessity to the 
petitioner.  In determining whether a certificate should be 
issued, the board shall give primary consideration to the 
interests of the public that might be affected, to the 
transportation service being furnished by a railroad which may 
be affected by the granting of the certificate, and to the 
effect which the granting of the certificate will have upon 
other transportation service essential to the communities which 
might be affected by the granting of the certificate.  The board 
may issue a certificate as applied for or issue it for a part 
only of the authority sought and may attach to the authority 
granted terms and conditions as in its judgment public 
convenience and necessity may require.  If the petitioner is 
seeking authority to operate regular-route transit service 
wholly within the seven-county metropolitan area with operating 
assistance provided by the regional transit board, the board 
shall consider only whether the petitioner is fit and able to 
perform the proposed service.  The operating authority granted 
to such a petitioner must be the operating authority for which 
the petitioner is receiving operating assistance from the 
regional transit board.  A carrier receiving operating 
assistance from the regional transit board may amend his 
certificate to provide for additional routes by filing a copy of 
the amendment with the board, and approval of the amendment by 
the board is not required if the additional service is provided 
with operating assistance from the regional transit board.  
    The board may grant a temporary certificate, ex parte, 
valid for a period not exceeding 180 days, upon a showing that 
no regular route common carrier or petroleum carrier is then 
authorized to serve on the route sought, that no other petition 
is on file with the board covering the route, and that a need 
for the proposed service exists. 
    A certificate issued to a regular route common carrier or 
petroleum carrier may be amended by the board on ex parte 
petition and payment of a $25 fee to the commissioner, to grant 
an additional or alternate route if there is no other means of 
transportation over the proposed additional route or between its 
termini, and the proposed additional route does not exceed ten 
miles in length. 
    Sec. 78.  Minnesota Statutes 1982, section 221.295, is 
amended to read: 
    221.295 [NOTICE TO METROPOLITAN TRANSIT COMMISSION REGIONAL 
TRANSIT BOARD.] 
    Notwithstanding any provision of any statute to the 
contrary, the metropolitan transit commission shall regional 
transit board must be notified by the commissioner of any matter 
pertaining to or affecting public transit or an existing or 
proposed transit system within the Twin Cities seven-county 
metropolitan transit area, which matter is formally or 
informally before the commissioner or board for action or which 
is under study, including the initiation of any request for 
action or study and prior to any hearings on other proceedings, 
whether ex parte or otherwise.  Further, such Notification shall 
must in all cases be given in a manner, at such time, and with 
such information and data available to the commissioner or board 
so as to enable the metropolitan transit commission regional 
transit board to meaningfully evaluate, participate in, and 
comment upon the matter.  The commissioner or board shall not 
approve, deny, or otherwise attempt to resolve or act upon any 
such the matter until receipt of the comments and advice of the 
metropolitan transit commission regional transit board with 
respect thereto, but if none are received they may act within 30 
days after demand therefor upon of the metropolitan transit 
commission regional transit board, or otherwise by mutual 
agreement.  If the commissioner or board takes action in any way 
contrary to or different from the comments and advice of the 
metropolitan transit commission regional transit board, they 
shall specifically state the reasons and factual data for such 
the action. 
    Sec. 79.  Minnesota Statutes 1982, section 239.10, is 
amended to read: 
    239.10 [ANNUAL INSPECTION.] 
    The department shall charge a fee to the owner for the 
costs of the regular inspection of scales, weights, measures, 
and weighing or measuring devices.  The cost of any other 
inspection shall must be paid by the owner if the inspection is 
performed at his the owner's request or if the inspection is 
made at the request of some other person and the scale, weight, 
measure, or weighing or measuring device is found to be 
incorrect.  The department may fix the fees and expenses for all 
regular inspections and special services, except that no 
additional fee may be charged for retail petroleum pumps, 
petroleum vehicle meters, and petroleum bulk meters that 
dispense petroleum products for which the petroleum inspection 
fee required by section 296.13 is collected.  All moneys Money 
collected by the department for its regular inspections, special 
services, fees, and penalties shall must be paid into the state 
treasury and credited to the state general fund. 
    Sec. 80.  Minnesota Statutes 1983 Supplement, section 
240.06, subdivision 7, is amended to read: 
    Subd. 7.  [LICENSE SUSPENSION AND REVOCATION.] The 
commission may revoke a class A license for a violation of law, 
order, or rule which in the commission's opinion adversely 
affects the integrity of horse racing in Minnesota, or for an 
intentional false statement made in a license application, or 
for a willful failure to pay any money required to be paid by 
Laws 1983, chapter 214, and may revoke for failure to perform 
material covenants or representations made in a license 
application.  
    The commission may suspend a class A license for up to one 
year for a violation of law, order, or rule which in the 
commission's opinion adversely affects the integrity of horse 
racing in Minnesota, and may suspend a class A license 
indefinitely if it determines that the licensee has as an 
officer, director, shareholder, or other person with a direct, 
indirect, or beneficial interest a person who is in the 
commission's opinion inimical to the integrity of horse racing 
in Minnesota or who cannot be certified under subdivision 1, 
clause (d).  
    A license revocation or suspension under this subdivision 
is a contested case under sections 14.57 to 14.70 of the 
Administrative Procedure Act, and is in addition to criminal 
penalties imposed for a violation of law or rule.  
    Sec. 81.  Minnesota Statutes 1982, section 296.13, is 
amended to read: 
    296.13 [INSPECTION FEES.] 
    An inspection fee shall be charged on petroleum products 
when received by the distributor, and on petroleum products 
received and held for sale or use by any person when such 
petroleum products have not theretofore been received by a 
licensed distributor.  The fee charged shall be uniform and in 
an amount determined by the commissioner but not to exceed one 
and three-quarters cents per 50 gallons.  The commissioner shall 
adjust the inspection fee to recover the amount appropriated for 
petroleum product quality inspection expenses and the amount 
appropriated for the inspection and testing of petroleum product 
measuring devices as required by chapter 239.  The commissioner 
shall review and adjust the inspection fee as required by 
section 16A.128 but notwithstanding section 16A.128, the review 
of the fee shall occur annually on or before January 1, of each 
year.  
    Credit shall be allowed the distributor by the commissioner 
for inspection fees previously paid in error or on any material 
exported or sold for export from the state upon filing of a 
report in a manner approved by the commissioner.  
    Sec. 82.  Minnesota Statutes 1983 Supplement, section 
297B.09, is amended to read: 
    297B.09 [ALLOCATION OF REVENUE.] 
    Subdivision 1.  [GENERAL FUND SHARE.] Money collected and 
received under this chapter must be deposited in the state 
treasury and credited as follows:  
    (a) All of the proceeds collected before July 1, 1985, must 
be credited to the general fund.  
    (b) Three-fourths of the proceeds collected after June 30, 
1985, and before July 1, 1987, must be credited to the general 
fund.  
    (c) One-half of the proceeds collected after June 30, 1987, 
and before July 1, 1989, must be credited to the general fund.  
    (d) One-fourth of the proceeds collected after June 30, 
1989, and before July 1, 1991, must be credited to the general 
fund.  
    (e) After June 30, 1991, none of the proceeds collected may 
be credited to the general fund to the general fund.  The 
amounts collected and received shall be credited to the highway 
user tax distribution fund and the transit assistance fund as 
provided in subdivision 2, and transferred from the general fund 
on July 15 and January 15 of each fiscal year.  The commissioner 
of finance must make each transfer based upon the actual 
receipts of the preceding six calendar months and include the 
interest earned during that six-month period.  The commissioner 
of finance may establish a quarterly or other schedule providing 
for more frequent payments to the transit assistance fund if he 
determines it is necessary or desirable to provide for the cash 
flow needs of the recipients of moneys from the transit fund.  
    Subd. 2.  [HIGHWAY USER TAX DISTRIBUTION FUND AND TRANSIT 
ASSISTANCE FUND SHARE.] The proceeds collected under this 
chapter and not credited to the general fund must be deposited 
in the highway user tax distribution fund and the transit 
assistance fund for apportionment in the following manner:  
    (a) None of the proceeds collected before July 1, 1985 
1984, may be credited to either fund.  
    (b) 18.75 percent of the proceeds collected after June 30, 
1985 1984, and before July 1, 1987, must be credited to the 
highway user tax distribution fund for apportionment in the same 
manner and for the same purposes as other money in that fund.  
The remaining 6.25 percent of the proceeds must be credited to 
the transit assistance fund account to be appropriated to the 
commissioner of transportation for transit assistance within the 
state.  
    (c) 37.5 percent of the proceeds collected after June 30, 
1987, and before July 1, 1989, must be credited to the highway 
user tax distribution fund for apportionment in the same manner 
and for the same purposes as other money in that fund.  The 
remaining 12.5 percent of the proceeds must be credited to the 
transit assistance fund account to be appropriated to the 
commissioner of transportation for transit assistance within the 
state.  
    (d) 56.25 percent of the proceeds collected after June 30, 
1989, and before July 1, 1991, must be credited to the highway 
user tax distribution fund for apportionment in the same manner 
and for the same purposes as other money in that fund.  The 
remaining 18.75 percent of the proceeds must be credited to the 
transit assistance fund account to be appropriated to the 
commissioner of transportation for transit assistance within the 
state.  
    (e) 75 percent of the proceeds collected after June 30, 
1991, must be credited to the highway user tax distribution fund 
for apportionment in the same manner and for the same purposes 
as other money in that fund.  The remaining 25 percent of the 
proceeds must be credited to the transit assistance fund account 
to be appropriated to the commissioner of transportation for 
transit assistance within the state. 
    Sec. 83.  Minnesota Statutes 1982, section 299D.03, 
subdivision 2, is amended to read: 
    Subd. 2.  [SALARIES.] (1) Each employee other than the 
chief supervisor, lieutenant colonel, majors, captains, 
corporals and sergeants hereinafter designated shall be known as 
patrol troopers. 
    (2) There may be appointed one lieutenant colonel; and such 
majors, captains, corporals, sergeants and troopers as the 
commissioner deems necessary to carry out the duties and 
functions of the state patrol.  Persons in above named positions 
shall be appointed by law and have such duties as the 
commissioner may direct and, except for troopers, shall be 
selected from the patrol troopers, corporals, sergeants, 
captains, and majors who shall have had at least five years' 
experience as either patrol troopers, corporals, sergeants, or 
supervisors. 
    (3) The salary rates for all state patrol troopers, 
corporals and sergeants shall be deemed to include $6 per day 
reimbursement for shift differential, meal and business expenses 
incurred by state patrol troopers, corporals and sergeants in 
the performance of their assigned duties in their patrol areas; 
business expenses include, but are not limited to:  uniform 
costs, home garaging of squad cars and maintenance of home 
office. 
    Sec. 84.  Minnesota Statutes 1982, section 299F.63, is 
amended by adding a subdivision to read:  
    Subd. 4.  [COST OF INSPECTION AND REVIEW.] The state fire 
marshal shall establish, by rule under section 16A.128, a fee to 
recover the state share of all costs related to field 
inspections, investigations of pipeline facilities, plan review, 
and other duties as provided by sections 299F.56 to 299F.63. 
Fees collected under this subdivision shall be credited to the 
general fund.  
    Sec. 85.  Minnesota Statutes 1982, section 340.11, 
subdivision 11a, is amended to read: 
    Subd. 11a.  [ON-SALE LICENSES TO CERTAIN SPORTS 
COMMISSIONS.] Notwithstanding any law or municipal charter 
provision to the contrary, on-sale licenses for the sale of 
intoxicating liquor may be issued to establishments located on 
lands owned by the commission created in sections 473.551 to 
473.595 and which are used primarily for sports and recreational 
purposes upon payment of the regular on-sale license fee 
therefor to the municipality wherein the licensed premises are 
located.  Such licenses shall authorize the sale of intoxicating 
liquor to club members and guests only.  Notwithstanding any 
other law, or municipal charter provision or ordinance to the 
contrary, retail "on-sale" licenses permitting the sale of 
nonintoxicating malt liquors issued to establishments located on 
lands owned by the commission created in section 473.553 permit 
the licensees to sell nonintoxicating malt liquors, in addition 
to other times permitted by law, between the hours of 10:00 a.m. 
and 12:00 noon on any Sunday on which a sports or other event is 
scheduled to begin at that location at or before 1:00 p.m. on 
that day.  
    Sec. 86.  Minnesota Statutes 1982, section 345.47, 
subdivision 1, is amended to read: 
    Subdivision 1.  Except as provided in subdivision 
subdivisions 3 and 5, all abandoned property other than money 
delivered to the state treasurer commissioner under sections 
345.31 to 345.60 shall within one year after the delivery be 
sold by him to the highest bidder at public sale in whatever 
city in the state affords in his judgment the most favorable 
market for the property involved.  The state treasurer 
commissioner may decline the highest bid and reoffer the 
property for sale if he considers the price bid insufficient.  
He need not offer any property for sale if, in his opinion, the 
probable cost of sale exceeds the value of the property. 
    Sec. 87.  Minnesota Statutes 1982, section 345.47, is 
amended by adding a subdivision to read: 
    Subd. 5.  The commissioner shall provide the Minnesota 
historical society with an inventory of abandoned property, 
other than money, six months prior to public sale.  The society 
may select for its collections any items it finds of historical 
value.  The society shall make its selection before the 
commissioner appraises or sorts the material for public sale. 
The society has 90 days from the date of notification by the 
commissioner to exercise the authority granted by this 
subdivision.  
    Sec. 88.  Minnesota Statutes 1982, section 345.525, is 
amended to read: 
    345.525 [PROPERTY HAVING NO APPARENT COMMERCIAL OR 
HISTORICAL VALUE.] 
    Property delivered to the state treasurer pursuant to 
chapter 345 which has no apparent commercial value shall be made 
available for inspection by the Minnesota historical society to 
determine if the property has any historical value.  If the 
society judges any property to be of historical value, the state 
treasurer shall turn the property over to the society for 
safekeeping.  The commissioner may, in his discretion, withhold 
the property from sales under this section.  If it is determined 
that property delivered to the state treasurer commissioner has 
no commercial or historical value he may thereafter destroy or 
otherwise dispose of the property, and in that event no action 
or proceeding shall be brought or maintained against the state 
or any officer thereof or against the holder for or on account 
of any action taken by the state treasurer commissioner pursuant 
to chapter 345 with respect to the property.  The state 
treasurer commissioner shall keep a record of all items 
destroyed under this section, and all items held by the 
historical society, including the name and address of the owner 
of the property and the person who delivered the property to 
him, the date of delivery, a description of the property 
destroyed and the date of destruction. 
    Sec. 89.  [349.50] [DEFINITIONS.] 
    Subdivision 1.  [TERMS.] For the purposes of sections 89 to 
99, the terms defined in this section have the meanings given 
them.  
    Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
commissioner of public safety.  
    Subd. 3.  [DEPARTMENT.] "Department" means the department 
of public safety.  
    Subd. 4.  [DISTRIBUTOR.] "Distributor" means a person which 
manufactures, sells, markets, advertises, or otherwise 
distributes video games of chance.  
    Subd. 5.  [LOCATION AGREEMENT.] "Location agreement" is an 
agreement between an operator and an owner for the placement of 
video games of chance for use by the public.  
    Subd. 6.  [OPERATOR.] "Operator" means a person which holds 
legal title to video games of chance and places them for use by 
the public pursuant to a location agreement.  
    Subd. 7.  [OWNER.] "Owner" means a person operating a 
business in which video games of chance are placed for use by 
the public.  
    Subd. 8.  [VIDEO GAME OF CHANCE.] "Video game of chance" 
means games or devices that simulate games commonly referred to 
as poker, blackjack, craps, hi-lo, roulette or other common 
gambling forms, though not offering any type of pecuniary award 
or gain to players.  The term also includes any video game 
having one or more of the following characteristics:  
    (1) it is primarily a game of chance, and has no 
substantial elements of skill involved;  
    (2) it awards game credits or replays and contains a meter 
or device which records unplayed credits or replays and contains 
a device that permits them to be cancelled.  
    Subd. 9.  [PRIVATE CLUBS.] "Private clubs" are clubs 
holding club on-sale licenses issued under section 340.11, 
subdivision 11.  
    Sec. 90.  [349.51] [DISTRIBUTOR AND OPERATOR LICENSES.] 
    Subdivision 1.  [LICENSE REQUIRED.] No person shall engage 
in the business of a distributor or operator of video games of 
chance at any place of business without first having received a 
license from the department to engage in that business at that 
location.  
    Subd. 2.  [APPLICATION; REQUIREMENTS.] (a) Every 
application for a license must be made on a form prescribed by 
the department and must state the name and address of the 
applicant.  If the applicant is a firm, partnership, or 
association, the application must state the name and address of 
each of its members.  If the applicant is a corporation, the 
application must state the name and address of each of its 
officers, the date of incorporation, the address of its 
principle place of business, the place where the business is to 
be licensed and business conducted, and information concerning 
whether or not any officer, director, resident manager, or 
direct salesman of the applicant has been convicted of a felony 
or convicted for a gambling offense within the past five years. 
The application may contain other information the department 
requires for licensing purposes.  
    (b) Every applicant for a license shall be a legal resident 
or be incorporated within the state of Minnesota prior to the 
date of application for a distributor or operator license.  
    (c) Every applicant shall disclose under oath to the 
commissioner whether or not the applicant has any financial, 
legal, or other interests in a licensed wholesale liquor or 
alcoholic beverage distributorship or video game of chance 
distributorship in another state.  
    (d) No distributor may also be a wholesale distributor of 
liquor or alcoholic beverages.  
    (e) No distributor in this state may also be a distributor 
in another state, unless the distributor adequately demonstrates 
that he does not manufacture video games of chance outside of 
this state for use, sale, or distribution within this state.  
    Subd. 3.  [FEES.] (a) The annual license fee for a 
distributor license is $10,000.  
    (b) The annual license fee for an operator license is 
$2,500.  
    Subd. 4.  [DISTRIBUTOR BOND.] An application for a 
distributor's license must be accompanied by a corporate surety 
bond issued by a surety licensed to do business in this state, 
in the sum of $10,000, conditioned upon the true and faithful 
compliance by the distributor with all the provisions of the 
license.  The bond required by this subdivision must be kept in 
full force during the period covered by the license.  
    Subd. 5.  [LICENSE ISSUED.] Upon receipt of the 
application, the bond in proper form, and payment of the license 
required by subdivision 3, the department shall issue a license 
in form as prescribed by the department to the applicant, unless 
it determines that the applicant is otherwise unqualified.  The 
license permits the applicant to whom it is issued to engage in 
business as a distributor or operator at the place of business 
shown in the application.  The department must assign a license 
number to each person licensed at the time the initial license 
is issued.  The license number must be inscribed upon all 
licenses issued to that distributor or operator.  
    Sec. 91.  [349.52] [VIDEO GAME OF CHANCE LICENSES.] 
    Subdivision 1.  [REQUIREMENTS.] In addition to a license, 
an operator must obtain from the commissioner an annual 
nontransferable license for each video game of chance.  The 
license fee is $120 per game.  The fee must be prorated 
according to the number of months remaining in the calendar year 
at the time of the license application.  
    Subd. 2.  [COLLECTION.] At the time a video game of chance 
is sold to an operator, the distributor must collect the license 
fee specified in subdivision 1.  The distributor must affix to 
each game a stamp containing the operator's license number.  All 
license fees must be given to the state treasurer for deposit in 
the account created in subdivision 3.  
    Subd. 3.  [VIDEO GAMING LICENSE ACCOUNT.] There is created 
in the state treasury an account to be known as the "video 
gaming license account."  All fees received by the state 
treasury pursuant to this section must be credited to this 
account.  The commissioner shall, by January 10 of each year, 
certify to the state treasurer 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 
ten days of receiving this certification the state treasurer 
shall pay from the video gaming license account 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 
he shall transfer the unexpended balance in the account to the 
general fund.  
    Subd. 4.  [LOCAL FEES PROHIBITED.] A municipality may not 
impose a fee or tax of any kind on video games of chance.  
    Sec. 92.  [349.53] [RECORD KEEPING DUTIES OF DISTRIBUTORS.] 
    A distributor shall keep at each licensed place of business 
complete and accurate records for that place of business, 
including invoices of video games of chance held, purchased, 
manufactured, brought in or caused to be brought in from outside 
the state, or shipped or transported to operators in this state, 
and of all sales of video games of chance made.  The distributor 
must also keep adequate records of the names, addresses, and 
license numbers of operators to whom video games of chance are 
sold.  All books, records, and other papers and documents 
required by this section to be kept must be preserved for a 
period of at least one year after the date of the documents, or 
the date of their entries as they appear in the records, unless 
the department, in writing, authorizes their destruction or 
disposal at an earlier date.  At any time during usual business 
hours, the commissioner or his designated representatives may 
enter any place of business of a distributor without a search 
warrant and inspect the premises and the records required to be 
kept under this section, to determine whether or not all the 
provisions of this chapter are being fully complied with.  If 
the commissioner or any representative is denied free access or 
is hindered or interfered with in making an examination, the 
license of the distributor at the premises is subject to 
revocation.  
    Sec. 93.  [349.54] [ACCESS TO GAMES.] 
    The commissioner and his designated representatives must be 
given access to all video games of chance, whether the games are 
in the possession of distributors, operators, or owners, upon 
reasonable notice.  
    Sec. 94.  [349.55] [GAME SPECIFICATIONS.] 
    No payment may be made directly from any game or in 
connection with the operation of any device.  Each game must 
contain a random character generator, and any internal meter 
must be nonresetable.  Any game canceling replays or credits 
must cancel them no more than one at a time.  
    Sec. 95.  [349.56] [LOCATION AGREEMENTS.] 
    An operator is required to have a location agreement with 
the owner where the game is placed for use by the public.  The 
location agreement must show that the game is to be placed only 
in locations permitted by law.  The location agreements, 
together with the other records of the operator, must be 
accessible to the commissioner and his designated 
representatives.  The operator is required to certify under oath 
to the department annually the name and address of the location 
in which each game has been placed and that the games have been 
placed only in locations permitted by law.  Placing a game in an 
illegal location is grounds for suspension or revocation of the 
operator's license.  
    Sec. 96.  [349.57] [PLACEMENT LIMITATIONS.] 
    Subdivision 1.  [NUMERICAL.] No more than two video games 
of chance may be operated in any location.  
    Subd. 2.  [LOCATIONS.] Video games of chance may be 
operated only at licensed on-sale intoxicating liquor 
establishments and private clubs.  
    Sec. 97.  [349.58] [PENALTIES.] 
    A violation of any of the provisions of sections 89 to 96 
is punishable as a misdemeanor.  
    Sec. 98.  [349.59] [CONTRABAND.] 
    Subdivision 1.  [PACKAGES DECLARED TO BE CONTRABAND.] The 
following are declared to be contraband:  
    (1) all video games of chance which do not have a licensing 
stamp affixed to them and all containers that contain contraband 
video games of chance;  
    (2) all video games of chance to which the commissioner or 
his designated representatives have been denied access for the 
inspection of contents.  In lieu of seizure, the commissioner or 
his designated representatives may seal the game to prevent its 
use until inspection of contents is permitted;  
    (3) all video games of chance at a location at which there 
is no location agreement in force; and 
    (4) all video games of chance illegally brought into the 
state.  
    Subd. 2.  [SEIZURE.] Contraband may be seized by the 
commissioner or his designated representatives or by any sheriff 
or other police officer, with or without process, and is subject 
to forfeiture as provided in subdivision 3.  
    Subd. 3.  [DISPOSITION OF SEIZED PROPERTY.] The person who 
has seized the property must follow the procedure set forth 
under section 297A.15, subdivision 4.  Whenever the commissioner 
is satisfied that any person from whom property is seized under 
this section acting in good faith and without intent to evade 
the tax imposed by those sections, he shall release the property 
seized without further legal proceedings.  
    Sec. 99.  [349.60] [CONSTRUCTION; OTHER ACTIONS.] 
    Subdivision 1.  [CONSTRUCTION.] Video games of chance are 
also governed by sections 349.30 to 349.31 and 609.75 to 609.76. 
    Subd. 2.  [OTHER ACTIONS.] Agencies of government may 
investigate and prosecute violations of the laws governing video 
games of chance as well as other laws relating to gambling.  
    Sec. 100.  Minnesota Statutes 1982, section 352.01, 
subdivision 2A, is amended to read: 
    Subd. 2A.  [INCLUDED EMPLOYEES.] The following persons are 
included in the meaning of state employee: 
    (1) Employees of the Minnesota Historical Society. 
    (2) Employees of the State Horticultural Society. 
    (3) Employees of the Disabled American Veterans, Department 
of Minnesota, Veterans of Foreign Wars, Department of Minnesota, 
if employed prior to July 1, 1963. 
    (4) Employees of the Minnesota Crop Improvement Association.
    (5) Employees of the adjutant general who are paid from 
federal funds and who are not covered by any federal civilian 
employees retirement system. 
    (6) Employees of the state universities employed under the 
university activities program. 
    (7) Currently contributing employees covered by the system 
who are temporarily employed by the legislature during a 
legislative session or any currently contributing employee 
employed for any special service as defined in clause (8) of 
subdivision 2B. 
    (8) Employees of the armory building commission. 
    (9) Permanent employees of the legislature and persons 
employed or designated by the legislature or by a legislative 
committee or commission or other competent authority to make or 
conduct a special inquiry, investigation, examination or 
installation including permanent employees of the legislative 
research committee. 
    (10) Trainees who are employed on a full time established 
training program performing the duties of the classified 
position for which they will be eligible to receive immediate 
appointment at the completion of the training period. 
    (11) Employees of the Minnesota Safety Council. 
    (12) Employees of the transit operating division of the 
metropolitan transit commission and any employees on authorized 
leave of absence from the transit operating division who are 
employed by the labor organization which is the exclusive 
bargaining agent representing employees of the transit operating 
division. 
    (13) Employees of the metropolitan council, metropolitan 
parks and open space commission, regional transit board, 
metropolitan transit commission, metropolitan waste control 
commission, metropolitan sports facilities commission or the 
metropolitan mosquito control commission unless excluded or 
covered by another public pension fund or plan pursuant to 
sections 473.141, subdivision 12, or 473.415, subdivision 3. 
    (14) Judges of the tax court. 
    Sec. 101.  Minnesota Statutes 1982, section 473.121, 
subdivision 7, is amended to read: 
    Subd. 7.  "Metropolitan commission" means the metropolitan 
waste control commission, the metropolitan transit commission, 
and other such commissions as the legislature may hereafter 
designate. 
    Sec. 102.  Minnesota Statutes 1982, section 473.121, 
subdivision 10, is amended to read: 
    Subd. 10.  "Policy plan" means the a long-range 
comprehensive plans plan of each metropolitan commission adopted 
pursuant to section 473.146 the metropolitan council. 
    Sec. 103.  Minnesota Statutes 1982, section 473.121, is 
amended by adding a subdivision to read: 
    Subd. 14a.  "Regional transit board" or "transit board" 
means the regional transit board created by section 473.373.  
    Sec. 104.  Minnesota Statutes 1982, section 473.121, 
subdivision 16, is amended to read: 
    Subd. 16.  "Metropolitan transit area" or "transit area" or 
"MTA" means the metropolitan transit area established in section 
473.403. 
    Sec. 105.  Minnesota Statutes 1982, section 473.121, 
subdivision 18, is amended to read: 
    Subd. 18.  "Operator" means any person engaged or seeking 
to engage in the business of providing regular route public 
transit. 
    Sec. 106.  Minnesota Statutes 1982, section 473.121, 
subdivision 19, is amended to read: 
    Subd. 19.  "Public transit" or "transit" means 
transportation of passengers for hire within the transit area by 
means of a motor vehicle or other means of conveyance by any 
person operating as a common carrier on fixed routes and 
schedules.  "Public transit" shall not include transportation of 
children to or from school or of passengers between a common 
carrier terminal station and a hotel or motel, transportation by 
a common carrier railroad or common carrier railroads or by 
taxi, transportation furnished by a person solely for his or its 
employees or customers, or paratransit has the meaning given in 
section 174.22, subdivision 7. 
    Sec. 107.  Minnesota Statutes 1982, section 473.121, is 
amended by adding a subdivision to read: 
    Subd. 20a.  "Regular route transit" has the meaning given 
in section 174.22, subdivision 8.  
    Sec. 108.  Minnesota Statutes 1982, section 473.146, 
subdivision 3, is amended to read: 
    Subd. 3.  [TRANSPORTATION POLICY PLAN.] The council shall 
adopt a transportation policy plan as a part of its 
comprehensive development guide as provided in subdivisions 1 
and 2, which shall.  The regional transit board shall perform 
the functions and have the responsibility and authority provided 
for a metropolitan commission.  The policy plan must include 
policies, relating to all transportation forms.  The plan shall 
and be designed to promote the legislative determinations, 
policies and purposes goals set forth in section 473.402 to the 
end of providing the transit area an integrated and efficient 
transportation system 473.371.  In addition to the requirements 
of subdivision 1 regarding the contents of the policy plan, the 
transit elements of the plan must include the following:  
    (1) a statement of service objectives, policies, and 
standards that should govern the distribution, coordination, and 
general location of facilities, services, and service areas to 
be planned, deployed, or developed by or under the direction or 
auspices of the transit board;  
    (2) a general statement of timing and priorities in the 
planning, deployment, and development of services;  
    (3) a statement of the policies and standards that should 
govern the levels of public expenditure, both capital and 
operating, for various services and service areas;  
    (4) a statement of the policies and standards that should 
govern total annual regional funding levels, the sources of 
funds, and the distribution of funds among the facilities, 
services, and service areas; and 
    (5) a description of the contents that should be included 
in the implementation plans prepared by the transit board.  
    In addition to the requirements of subdivisions 1 and 2 
regarding the use of the expertise of the metropolitan transit 
commission affected agency, the state transportation department, 
metropolitan transit commission, and affected counties and 
municipalities may provide such technical assistance as may be 
requested by the council.  The council shall amend its policy 
plan to conform to the requirements of this subdivision by 
January 1, 1986.  
    Sec. 109.  Minnesota Statutes 1982, section 473.146, 
subdivision 4, is amended to read:  
    Subd. 4.  [TRANSPORTATION PLANNING.] The metropolitan 
council shall be is the designated planning agency for any 
long-range comprehensive transportation planning required by 
Section 134 of the Federal Highway Act of 1962, Section 4 of 
Urban Mass Transportation Act of 1964 and Section 112 of Federal 
Aid Highway Act of 1973 and such other federal transportation 
laws as may hereinafter be enacted.  The council shall assure 
administration and coordination of transportation planning with 
appropriate state, regional and other agencies, counties, and 
municipalities, and together with the metropolitan transit 
commission shall establish such an advisory body consisting of 
citizen representatives, commission, municipality, county and 
appropriate state agency representatives of the regional transit 
board, citizens, municipalities, counties, and state agencies in 
fulfillment of the planning responsibilities of the council and 
the commission transit board. 
    Sec. 110.  Minnesota Statutes 1982, section 473.164, is 
amended to read: 
    473.164 [PAYMENT OF METROPOLITAN COUNCIL COSTS.] 
    Subdivision 1.  The metropolitan parks and open space 
commission, the metropolitan regional transit commission board, 
the metropolitan waste control commission, and the metropolitan 
airports commission shall annually reimburse the council for 
costs incurred by the council in the discharge of its 
responsibilities relating to the commission or board.  The costs 
may be charged against any revenue sources of the commission or 
board as determined by the commission or board. 
    Subd. 2.  On or before May 1 of each year, the council 
shall transmit to each commission or board an estimate of the 
costs which the council will incur in the discharge of its 
responsibilities related to the commission or board in the next 
budget year including, without limitation, costs in connection 
with the preparation, review, implementation and defense of 
plans, programs and budgets of the commission or board.  Each 
commission or board shall include the estimates in its budget 
for the next budget year and may transmit its comments 
concerning the estimated amount to the council during the budget 
review process.  Prior to December 15 of each year, the amount 
budgeted by each commission or board for the next budget year 
may be changed following approval by the council.  During each 
budget year, the commission or board shall transfer budgeted 
funds to the council in advance when requested by the council. 
    Subd. 3.  At the conclusion of each budget year, the 
council, in cooperation with each commission or board, shall 
adopt a final statement of costs incurred by the council for 
each commission or board.  Where costs incurred in the budget 
year have exceeded the amount budgeted, each commission or board 
shall transfer to the council the additional moneys needed to 
pay the amount of the costs in excess of the amount budgeted, 
and shall include a sum in its next budget.  Any excess of 
budgeted costs over actual costs may be retained by the council 
and applied to the payment of budgeted costs in the next year.  
Costs incurred during 1976 shall be reimbursed to the council by 
each commission on or before December 31, 1976 following receipt 
and in accordance with a statement of costs transmitted by the 
council.  Notwithstanding the provisions of this section, after 
July 1, 1981, the metropolitan council shall not charge the 
metropolitan regional transit commission board for any costs 
incurred by the council for the study of light rail transit 
unless the study plan and budget have been approved by the 
metropolitan transit commission board.  
    Sec. 111.  Minnesota Statutes 1982, section 473.167, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CONTROLLED ACCESS HIGHWAYS: COUNCIL 
APPROVAL.] Before acquiring land for or constructing a 
controlled access highway in the area, hereinafter a project, 
the state transportation department or local government unit 
proposing such the acquisition or construction shall submit to 
the council a statement describing the proposed project.  The 
statement shall must be in the form and detail required by the 
council.  Immediately upon receipt of the statement, the council 
shall transmit a copy to the metropolitan regional transit 
commission board, which shall review and evaluate the project in 
relationship to the development program board's implementation 
plan and report its recommendations and comments to the 
council.  The council shall also review the statement to 
ascertain its consistency with its policy plan and the 
development guide.  No such project may be undertaken unless the 
council determines that it is consistent with the policy plan 
and development program implementation plan.  This approval 
shall be is in addition to the requirements of any other 
statute, ordinance or regulation. 
    Sec. 112.  Minnesota Statutes 1982, section 473.168, 
subdivision 2, is amended to read: 
    Subd. 2.  The metropolitan council in consultation with the 
metropolitan regional transit commission board may require that 
any freeway constructed in the metropolitan area on which actual 
construction has not been commenced by April 12, 1974 shall 
include provisions for exclusive lanes for buses and, as the 
council may determine, other forms of multi-passenger transit.  
The council, in making its determination, must demonstrate that 
the exclusive lanes are necessary to implement the 
transportation policy plan of the development guide. 
    Sec. 113.  Minnesota Statutes 1982, section 473.181, 
subdivision 3, is amended to read: 
    Subd. 3.  [METROPOLITAN TRANSIT COMMISSION.] The council 
shall review acquisition of public transit systems and the 
issuance of revenue bonds by the metropolitan transit commission 
pursuant to sections 473.405, subdivision 1 5, and 473.438, 
subdivision 7. 
    Sec. 114.  Minnesota Statutes 1982, section 473.223, is 
amended to read: 
    473.223 [FEDERAL AID.] 
    For the purposes of this section the term "governmental 
subdivision" includes municipalities, counties and other 
political subdivisions generally.  If federal aid for 
transportation programs and projects is otherwise unavailable to 
an existing agency or governmental subdivision, the metropolitan 
council may cooperate with the government of the United States 
and any agency or department thereof and the affected agency or 
other governmental subdivision in establishing metropolitan area 
eligibility to receive federal aid, and may comply with the 
provisions of the laws of the United States and any rules and 
regulations made thereunder for the expenditure of federal 
moneys upon such projects as are proposed for federal 
assistance.  If necessary to meet federal requirements, the 
council, the regional transit board, and the metropolitan 
transit commission may be considered a single eligible unit to 
carry out their respective responsibilities.  The metropolitan 
council may accept federal aid and other aid, either public or 
private, for and in behalf of the metropolitan area or any 
governmental subdivision of the state, for transportation 
programs and projects within the metropolitan area upon such 
terms and conditions as are or may be prescribed by the laws of 
the United States and any rules or regulations made thereunder, 
and is authorized to act as agent of any governmental 
subdivision of the state with jurisdiction in the metropolitan 
area upon request of such subdivision in accepting the aid in 
its behalf for such programs or projects financed either in 
whole or in part by federal aid.  The governing body of any such 
subdivision is authorized to designate the metropolitan council 
as its agent for such purposes and to enter into an agreement 
with the council prescribing the terms and conditions of the 
agency relationship in accordance with state and federal laws, 
rules and regulations.  The metropolitan council is authorized 
to designate an appropriate state agency as its agent for such 
purposes and to enter into an agreement with such agency 
prescribing the terms and conditions of the agency relationship 
in accordance with state and federal laws, rules and regulations.
    Nothing contained herein shall limit any separate authority 
of agencies or governmental subdivisions of the state to 
contract for and receive federal aid. 
    Sec. 115.  [473.371] [POLICY; GOALS.] 
    Subdivision 1.  [POLICY.] The legislature finds that, for 
the provision of essential mobility and transportation options 
in the metropolitan area, for the encouragement of alternatives 
to the single-occupant vehicle and for the development of 
transportation service designed to meet public needs efficiently 
and effectively, there is a need for the creation of regional 
transit programs and agencies with the powers and duties 
prescribed by law.  
    Subd. 2.  [GOALS.] The goals of sections 473.371 to 473.449 
are as follows:  
    (a) to provide, to the greatest feasible extent, a basic 
level of mobility for all people in the metropolitan area;  
    (b) to arrange to the greatest feasible extent for the 
provision of a comprehensive set of transit and paratransit 
services to meet the needs of all people in the metropolitan 
area;  
    (c) to cooperate with private and public transit providers 
to assure the most efficient and coordinated use of existing and 
planned transit resources; and 
    (d) to maintain public mobility in the event of emergencies 
or energy shortages.  
    Sec. 116.  [473.373] [REGIONAL TRANSIT BOARD.] 
    Subdivision 1.  [ESTABLISHMENT.] To carry out the policy 
and achieve the goals of section 473.371 there is established a 
regional transit board as a public corporation and a political 
subdivision of the state.  Except as provided in this section, 
the board is organized, structured, and administered as provided 
for metropolitan commissions in section 473.141.  
    Subd. 2.  [MEMBERSHIP.] The transit board consists of 14 
members appointed by the council plus a chair appointed by the 
governor.  One member must be appointed by the council from each 
of the following districts:  
    (1) District A, consisting of council district 1;  
    (2) District B, consisting of council district 2;  
    (3) District C, consisting of council district 3;  
    (4) District D, consisting of council district 4;  
    (5) District E, consisting of council district 5;  
    (6) District F, consisting of council district 6;  
    (7) District G, consisting of council district 8;  
    (8) District H, consisting of council district 10;  
    (9) District I, consisting of council district 11;  
    (10) District J, consisting of council district 12;  
    (11) District K, consisting of council district 15;  
    (12) District L, consisting of council districts 7 and 9;  
    (13) District M, consisting of council district 13 and that 
part of council district 14 within Carver and Hennepin counties; 
    (14) District N, consisting of council district 16 and that 
part of council district 14 within Dakota and Scott counties.  
    Subd. 3.  [APPOINTMENTS.] The council shall establish a 
transit board appointments committee, composed of members of the 
council.  In addition to the notice required in section 15.0597, 
subdivision 4, the council shall notify in writing the governing 
body of the statutory and home rule charter cities, towns, and 
counties having territory in the district for which the member 
is to be appointed.  The notification must describe the 
appointment process and invite participation and recommendations 
on the appointment.  The appointments committee shall hold a 
public hearing in each district for which a member is to be 
appointed.  Following the hearing, the appointments committee 
shall submit to the council a written report that lists the 
persons who have applied or been nominated or recommended for 
the position, along with a description of the background and 
qualifications of each.  Appointments by the council are not 
subject to the advice and consent of the senate.  The council 
shall by resolution, after a public hearing on the subject, 
provide the governor with a list of nominees for the position of 
chair.  
    Subd. 4.  [TERMS.] The initial terms of members and the 
chair commence on the first day after July 1, 1984, that the 
chair and at least seven other members have been appointed and 
qualified.  The terms of members and the chair are as follows: 
members representing commission districts, B, E, F, J, K, L, and 
N, and the chair of the board, for terms ending the first Monday 
in January of the year ending in the numeral "7"; members 
representing commission districts A, C, D, G, H, I, and M, for 
terms ending the first Monday in January of the year ending in 
the numeral "9."  
    Subd. 5.  [CHAIR.] The duties of the chair are:  
    (a) to preside over all board meetings at which he is in 
attendance;  
    (b) to serve as the principal transit spokesman within the 
metropolitan area before the legislature, other state and 
regional agencies, local units of government, and the general 
public;  
    (c) to present to the governor and the legislature, after 
approval by the council, the board's financial plan for public 
transit in the metropolitan area;  
    (d) to convene and preside at an annual regional transit 
conference of transit providers, operators, and users; and 
    (e) to perform other duties assigned by law or by the board.
    Subd. 6.  [EXECUTIVE DIRECTOR.] The chief administering 
officer of the board shall hold the position of executive 
director.  The executive director shall be appointed as provided 
in section 473.141 and have the duties and authority prescribed 
for a chief administrator in section 473.141, except as provided 
in subdivision 7.  
    Subd. 7.  [EMPLOYEES.] The board has the authority of a 
chief administrator to make all decisions on the appointment, 
promotion, demotion, suspension, and removal of all subordinate 
officers and regular employees of the board.  The board may not 
take any action inconsistent with its personnel code.  The board 
may authorize the chair or executive director to recommend 
employment decisions.  The board shall act within 30 days on 
employment decisions recommended by the chair or executive 
director.  
    Subd. 8.  [PENSION RIGHTS.] A person who is an employee of 
the metropolitan transit commission on the effective date of 
this section and who subsequently becomes an employee of the 
transit board has the option of continued coverage under 
Minnesota Statutes, chapter 353.  
    Sec. 117.  [473.375] [POWERS OF BOARD.] 
    Subdivision 1.  [GENERAL.] The transit board has the power 
and duties imposed by law.  The exercise of any powers by the 
board must be consistent with the exercise by the metropolitan 
council of any of its powers.  
    Subd. 2.  [ACTIONS.] The board may sue and be sued.  
    Subd. 3.  [CONTRACTS.] The board may enter into contracts 
necessary to carry out its responsibilities.  
    Subd. 4.  [PROPERTY.] The board may acquire by purchase, 
lease, gift, or grant property and interests in property 
necessary for the accomplishment of its purposes and may sell or 
otherwise dispose of property which it no longer requires.  The 
board may not rent or lease any premises from a recipient of 
financial assistance from the board.  
    Subd. 5.  [INSURANCE.] The board may require any employee 
to obtain and file with it an individual bond or fidelity 
insurance policy.  It may procure insurance in the amounts it 
deems necessary against the liability of the board or its 
officers and employees for personal injury or death and property 
damage or destruction, with the force and effect stated in 
chapter 466, and against risks of damage to or destruction of 
any of its facilities, equipment, or other property.  
    Subd. 6.  [INVESTIGATIONS.] When necessary and proper to 
the performance of its duties, the board may enter in a 
reasonable manner upon any premises for the purpose of making 
any reasonably necessary or proper investigations and 
examinations.  The entry is not a trespass.  The board is liable 
for any actual and consequential loss, injury, or damage from 
the entry.  When necessary and proper to the performance of its 
duties, the board or its authorized agents may require the 
production of accounts, books, records, memoranda, 
correspondence, and other documents and papers of a person 
receiving financial assistance from the board, may inspect and 
copy them, and may have access to and may inspect the lands, 
buildings, facilities, or equipment of the person.  
    Subd. 7.  [TAXES.] The board may levy taxes as provided in 
section 473.446.  
    Subd. 8.  [GIFTS; GRANTS.] The board may apply for, accept 
and disburse gifts, grants, or loans from the United States, the 
state, or from any person on behalf of itself or any of its 
contract recipients, for any of its purposes.  It may enter into 
an agreement required for the gifts, grants, or loans and may 
hold, use, and dispose of money or property received therefrom 
according to the terms of the gift, grant, or loan.  When the 
board has adopted an approved implementation plan and has 
certified to the governor that it is ready to receive federal 
funds, the governor shall take whatever steps are necessary to 
designate the board as a recipient of federal transit assistance 
for the metropolitan area.  
    No political subdivision within the metropolitan area may 
apply for federal transit assistance unless its application has 
been submitted to and approved by the board.  
    Subd. 9.  [ADVISORY COMMITTEES.] The board may establish 
one or more advisory committees composed of and representing 
transit providers, transit users, and local units of government 
to advise it in carrying out its purposes.  The members of 
advisory committees serve without compensation.  
    Subd. 10.  [RESEARCH.] The board may conduct research 
studies and programs or may contract with other persons for 
research studies and programs.  It may advise and assist the 
metropolitan council and other government units on 
transportation issues within its jurisdiction.  
    Subd. 11.  [RIDESHARING.] Upon certification by the board, 
after June 30, 1985, that it has adopted an approved interim 
implementation plan and is ready to assume responsibilities for 
the program, the board shall assume the responsibilities 
identified by the board that are imposed on the commissioner of 
transportation, the metropolitan council, or the transit 
commission pursuant to section 174.257 and other applicable 
provisions of law for the establishment and implementation of a 
ridesharing program in the metropolitan area, except for the 
statewide vanpool leasing program conducted by the 
commissioner.  The commissioner, the council, and the commission 
shall cooperate with the board in the transfer of these duties 
and in the conduct of ridesharing activities in areas where the 
commissioner's programs and the board's program overlap.  The 
board shall establish a rideshare advisory committee to advise 
it in carrying out the program.  The board may contract for 
services in operating the program.  
    Subd. 12.  [ASSISTANCE.] The board shall offer, use, and 
apply its services to assist and advise transit providers in the 
metropolitan transit area in the planning, promotion, 
development, operation, and evaluation of programs and projects 
which are undertaken or proposed to be undertaken by contract 
with the board, and shall seek out and select recipients of this 
assistance and advice.  
    Subd. 13.  [FINANCIAL ASSISTANCE.] The board may provide 
financial assistance to the commission and other providers as 
provided in sections 473.371 to 473.449 in furtherance of and in 
conformance with the implementation plan of the board.  
    Subd. 14.  [COORDINATION.] The board shall coordinate 
transit operations within the metropolitan area and shall 
establish a transit information program to provide transit users 
with accurate information on transit schedules and service.  
    Subd. 15.  [PERFORMANCE STANDARDS.] The board may establish 
performance standards for recipients of financial assistance.  
    Subd. 16.  [REPORT.] The board shall annually submit a 
report to the metropolitan council, the governor, and the 
legislature detailing its activities and finances for the 
previous year.  
    Sec. 118.  [473.377] [IMPLEMENTATION PLAN.] 
    Subdivision 1.  [REQUIREMENT.] The transit board shall 
adopt a transit service implementation plan describing the 
planning, functions, and activities to be performed by or under 
the direction or auspices of the board in implementing the 
policy plan adopted by the council pursuant to section 473.146. 
The plan must cover at least the five-year period commencing 
with the first calendar year beginning after the plan's 
approval, or a longer period prescribed by the council.  
    Except as otherwise provided in this section, the 
implementation plan must be prepared, submitted for review by 
the council, adopted, and implemented in the same manner, with 
the same requirements and restrictions, and to the same effect 
as provided for development programs in section 473.161.  The 
board shall prepare an implementation plan meeting the 
requirements of this section and submit the plan to the council 
by August 1, 1986, and thereafter in even-numbered years at a 
time prescribed by the council.  
    Subd. 2.  [CONTENTS.] The implementation plan of the board 
must contain at least the following elements:  
    (a) a development program meeting the requirements of 
section 473.161, subdivision 1;  
    (b) a description of the needs for services, based upon 
detailed surveys and analysis of service areas and markets 
identified in the council's policy plan;  
    (c) a detailed statement of service objectives, including 
service areas and markets, changes in existing service, 
deployment of new service, the distribution and coordination of 
services, and other similar matters;  
    (d) a detailed description of services and facilities 
planned to meet the needs and service objectives, along with a 
statement of priorities, timing, proposed delivery methods and 
providers, and performance standards;  
    (e) a schedule of expected levels of public expenditure, 
both capital and operating, for the services and facilities 
planned;  
    (f) a schedule showing the expected sources of funds, 
including proceeds of bonds of the board and the transit 
commission, areas and levels of taxes, user charges, and state 
and federal subsidies; and 
    (g) a plan and schedule showing the distribution of funds 
among various services, service areas and markets, and providers.
    Subd. 3.  [INTERIM IMPLEMENTATION PLAN.] The board shall 
prepare an interim implementation plan, for calendar years 1985, 
1986, and 1987.  The board shall submit the interim plan to the 
council by December 1, 1984.  The interim plan should be in the 
scope and detail that the board deems appropriate and 
practicable, except that the plan must contain a capital 
development program meeting the requirements of subdivision 2, 
clause (a), and schedules and plans meeting the requirements of 
subdivision 2, clauses (e), (f), and (g).  
    Sec. 119.  [473.38] [BUDGET; REGIONAL TRANSIT BOARD.] 
    Subdivision 1.  [REQUIREMENT.] The regional transit board 
shall prepare, submit for review, adopt, and implement budgets 
and conduct its financial affairs in the same manner, with the 
same requirements and restrictions, and to the same effect as 
provided in section 473.163, subdivisions 1 to 4, except as 
otherwise provided in this section.  
    Subd. 2.  [FINANCIAL PLAN; COUNCIL APPROVAL.] Along with 
its annual budget, each year the board shall prepare a financial 
plan for the succeeding three calendar years.  The financial 
plan must be consistent with the board's implementation plan and 
must contain the elements specified in section 473.377, 
subdivision 2, clauses (a), (e), (f), and (g).  The financial 
plan prepared in even-numbered years must contain a proposed 
request for state financial assistance for the succeeding 
biennium.  The board shall submit the financial plan to the 
council for review and approval or disapproval.  The council may 
approve or disapprove in whole or in part.  The council may 
disapprove only for inconsistency with the policy plan of the 
council.  
    Subd. 3.  [EXCEPTION.] The capital budget and financial 
plan of the board prepared in 1984 need not be submitted to the 
council until December 1, 1984, and the council has 30 days for 
review.  
    Sec. 120.  [473.382] [LOCAL PLANNING AND DEVELOPMENT 
PROGRAM.] 
    In preparing and amending its implementation plan pursuant 
to section 473.377, the transit board shall establish a program 
to ensure participation by representatives of local government 
units and the coordination of the planning and development of 
transit by local government units.  The board shall encourage 
the establishment of local transit planning and development 
boards by local governments for the purpose of:  
    (a) assisting and advising the transit board in preparing 
the implementation plan, including the identification of service 
needs and objectives;  
    (b) preparing, or advising and assisting local units of 
government in preparing the transit study and service plan 
required by section 473.384;  
    (c) preparing or advising the transit board in the review 
of applications for assistance under section 473.384.  
    The board may provide local boards with whatever assistance 
it deems necessary and appropriate.  
    Sec. 121.  [473.384] [CONTRACTS.] 
    Subdivision 1.  [CONTRACTS REQUIRED.] The transit board 
shall make contracts with eligible recipients for financial 
assistance to transit service within the metropolitan area.  The 
board may not give financial assistance to a transit provider 
other than the commission without first having executed a 
contract.  The provisions of this section do not apply to 
contracts made under sections 473.386 and 473.388.  
    Subd. 2.  [ELIGIBILITY.] To be eligible to receive 
financial assistance by contract under this section a recipient 
must be:  
    (a) a county, statutory or home rule charter city or town 
or combination thereof, or public authority organized and 
existing pursuant to chapter 398A, providing financial 
assistance to or providing or operating public transit; or 
    (b) a private provider of public transit.  
    Subd. 3.  [APPLICATIONS.] The board shall establish 
procedures and standards for review and approval of applications 
for financial assistance under this section consistent with its 
approved implementation plan.  An applicant must provide the 
board with the financial and other information the board 
requires to carry out its duties.  The board may specify 
procedures, including public hearing requirements, to be 
followed by applicants that are cities, towns, or counties or 
combinations thereof in conducting transit studies and 
formulating service plans under subdivisions 4 and 5.  
    Subd. 4.  [TRANSIT STUDY.] The board shall require that 
prior to applying for financial assistance by contract under 
clause (a) of subdivision 2, the applicant must prepare and 
submit a transit study which includes the following elements:  
    (a) a determination of existing and future transit needs 
within the area to be served, and an assessment of the adequacy 
of existing service to meet the needs;  
    (b) an assessment of the level and type of service required 
to meet unmet needs;  
    (c) an assessment of existing and future resources 
available for the financing of transit service; and 
    (d) the type or types of any new government arrangements or 
agreements needed to provide adequate service.  
    The transit study for any applicant may be done by the 
board.  
    Subd. 5.  [SERVICE PLAN.] The board shall, before making a 
contract with an eligible recipient, require the submission of a 
service plan which includes the following elements:  
    (a) a description of the service proposed for financial 
assistance, including vehicles, routes, and schedules;  
    (b) an assessment of the extent to which the proposed 
service meets the needs as determined by the transit study;  
    (c) a description of the contract administration and review 
process if the operation of the proposed service is to be done 
by a private contractor;  
    (d) a description of the amount required to establish and 
operate the proposed service and the proposed sources of the 
required amount including operating revenue, other local 
sources, and assistance from the board and from federal sources; 
    (e) the fare structure of the proposed service; and 
    (f) projections of usage of the system.  
    The board may specify procedures, including public hearing 
requirements, to be followed by applicants that are cities, 
towns, or counties or combinations thereof in conducting transit 
studies and formulating service plans.  
    Subd. 6.  [FINANCIAL ASSISTANCE FOR CERTAIN PROVIDERS.] The 
board shall provide financial assistance to recipients who were 
receiving assistance by contract with the commissioner of 
transportation under Minnesota Statutes 1982, section 174.24, 
subdivision 3 on the effective date of this section so that the 
percentage of total operating cost, as defined by the board, 
paid by the recipient from all local sources of revenue, 
including operating revenue, does not exceed the percentage for 
of transportation under his final contract with the recipient. 
The board may include funds received under section 473.446, 
subdivision 1a, as a local source of revenue.  The remainder of 
the total operating cost will be paid by the board less all 
assistance received by the recipient for that purpose from any 
federal source.  
    If a recipient informs the board in writing prior to the 
distribution of financial assistance for any year that paying 
its designated percentage of total operating cost from local 
sources will cause undue hardship, the board may adjust the 
percentage as it deems equitable.  If for any year the funds 
available to the board are insufficient to allow the board to 
pay its share of total operating cost for those recipients, the 
board shall reduce its share in each classification to the 
extent necessary.  
    Subd. 7.  [MTC IMPACT ASSESSMENT.] Prior to entering into a 
contract for operating assistance with a recipient other than 
the transit commission the board shall evaluate the effect, if 
any, of the contract on the ridership, routes, schedules, fares, 
and staffing levels of the existing and proposed service 
provided by the commission.  A copy of the assessment must be 
provided to the commission.  The board may enter into the 
contract only if it determines that the service to be assisted 
under the contract will not impose an undue hardship on the 
ridership or financial condition of the commission, cause the 
dismissal of persons that are employed by the commission, or 
reduce the total level of service in the metropolitan area 
provided by the commission.  
    Subd. 8.  [PARATRANSIT CONTRACTS.] In executing and 
administering contracts for paratransit projects, the board has 
the powers and duties given to the commissioner of 
transportation in section 174.255, subdivisions 1 and 2 relating 
to handicapped accessibility and insurance coverage.  The 
provisions of section 174.255, subdivision 3, apply to 
paratransit projects which receive assistance by contract with 
the board.  
    Subd. 9.  [ASSUMPTION OF CONTRACTS.] The board shall 
certify to the commissioner of transportation when it has 
adopted an approved interim implementation plan and is ready to 
assume responsibility for administering contracts made by the 
commissioner with recipients in the metropolitan area under 
section 174.24.  On receiving the certification the commissioner 
shall transfer to the board from funds appropriated to him an 
amount sufficient to permit the board to pay all state financial 
assistance contracted for and shall make no further contracts 
under section 174.24, subdivision 3, with recipients in the 
metropolitan area.  On receipt of this amount by the board the 
contracts so assumed become a responsibility of the board.  
    Sec. 122.  [473.386] [SPECIAL TRANSPORTATION SERVICE.] 
    Subdivision 1.  [PROJECT OBJECTIVES.] The transit board 
shall implement a project to coordinate special transportation 
service in the metropolitan area.  The project has the following 
objectives:  
    (a) to provide greater access to transportation for the 
elderly, handicapped, and others with special transportation 
needs in the metropolitan area;  
    (b) to develop an integrated system of special 
transportation service providing transportation tailored to meet 
special individual needs in the most cost-efficient manner; and 
    (c) to use existing public and private providers of service 
wherever possible, to supplement rather than replace existing 
service, and to increase the productivity of all special 
transportation vehicles available in the area.  
    Subd. 2.  [FINANCING; IMPLEMENTATION; MANAGEMENT AND 
ADVISORY GROUPS.] The board shall contract for services 
necessary for the project's operation.  All transportation 
service provided through the project must be provided under a 
contract between the board and the provider which specifies the 
service to be provided and the rates for providing it.  The 
board shall establish a committee to set management policies for 
the project.  The management policy committee must include the 
chairman of the board or his designee, representatives of 
persons contracting to provide services for the project, 
representatives of users of the service, and representatives of 
appropriate agencies.  The meetings of the management policy 
committee are public and minutes of all meetings must be taken, 
preserved, and made available for public inspection.  The board 
shall establish an advisory task force of individuals 
representing the elderly, handicapped, and other users of 
service provided by the project to advise the management policy 
committee.  
    Subd. 3.  [DUTIES OF BOARD.] In implementing the project 
the board shall:  
    (a) encourage participation in the project by public and 
private providers of special transportation service currently 
receiving capital or operating assistance from a public agency;  
    (b) contract with public and private providers that have 
demonstrated their ability to effectively provide service at a 
reasonable cost;  
    (c) encourage individuals using service provided through 
the project to use the type of service most appropriate to their 
particular needs;  
    (d) ensure that all persons providing service through the 
project receive equitable treatment in the allocation of the 
ridership;  
    (e) encourage shared rides to the greatest extent 
practicable;  
    (f) encourage public agencies that provide transportation 
to eligible individuals as a component of human services and 
educational programs to coordinate with the project and to allow 
reimbursement for services provided through the project at rates 
that reflect the public cost of providing those services; and 
    (g) establish criteria to be used in determining individual 
eligibility for special transportation services.  
    Subd. 4.  [COORDINATION REQUIRED.] The board may not grant 
any financial assistance to any recipient that proposes to use 
any part of the grant to provide special transportation service 
in the metropolitan area unless the program is coordinated with 
the project in the manner determined by the board.  
    Subd. 5.  [EQUITABLE ALLOCATION AND ANNUAL REALLOCATION.] 
The board shall distribute all available funding under this 
section in a manner designed to achieve an equitable allocation 
of special transportation services based on the proportion of 
the number of elderly, handicapped, disabled, or economically 
disadvantaged individuals with special transportation needs who 
actually use the special transportation service.  
    Subd. 6.  [OPERATING AND SERVICE STANDARDS.] A vehicle 
providing special transportation service which is subject to the 
operating standards adopted pursuant to section 174.30 may not 
be allowed to provide service through the project unless a 
current certificate of compliance has been issued to the 
vehicle.  A person operating or assisting the operation of a 
vehicle may leave the vehicle to enter premises in order to help 
a passenger who does not require emergency ambulance service. 
Operators and assistants shall provide the help necessary for 
door-through-door service, including help in entering and 
leaving the vehicle and help through the exterior entrance and 
over any exterior steps at either departure or destination 
buildings, provided that both the steps and the wheelchair are 
in good repair.  If an operator or assistant refuses help 
because of the condition of the steps or the wheelchair, the 
operator of the service shall send letters to the board and the 
person denied service describing the corrective measures 
necessary to qualify for service.  
    Subd. 7.  [ASSUMPTION OF PROGRAM.] The board shall certify 
to the commissioner of transportation when it has adopted an 
approved interim implementation plan and is ready to assume 
responsibility for the special transportation service project 
administered by the commissioner under section 174.31.  On 
receiving the certification the commissioner shall transfer to 
the board the unexpended balance of the funds appropriated to 
him by law for operation of the special transportation service 
coordination project under Minnesota Statutes 1982, section 
174.31, and shall take no further actions under that section. On 
receipt of this amount the project becomes a responsibility of 
the board.  
    Sec. 123.  [473.388] [REPLACEMENT SERVICE PROGRAM.] 
    Subdivision 1.  [PROGRAM ESTABLISHED.] A replacement 
service program is established to continue the metropolitan 
transit service demonstration program established in Minnesota 
Statutes 1982, section 174.265, as provided in this section.  
    Subd. 2.  [REPLACEMENT SERVICE; ELIGIBILITY.] The transit 
board may provide assistance under the program to a statutory or 
home rule charter city or town or combination thereof, that:  
    (a) is located in the metropolitan transit taxing district; 
    (b) is not served by the transit commission or is served 
only with transit commission bus routes which begin or end 
within the applying city or town or combination thereof; and 
    (c) has fewer than four scheduled runs of metropolitan 
transit commission bus service during off-peak hours defined in 
section 473.408, subdivision 1.  
    Eligible cities or towns or combinations thereof may apply 
on behalf of a transit operator with whom they propose to 
contract for service.  
    The board may not provide assistance under this section to 
a statutory or home rule charter city or town unless the city or 
town was receiving assistance under Minnesota Statutes 1982, 
section 174.265 or had submitted an application or a letter of 
intent to apply for assistance under that section by July 1, 
1984.  
    Subd. 3.  [APPLICATION FOR ASSISTANCE.] An application for 
assistance under this section must:  
    (a) describe the existing service provided to the applicant 
by the transit commission, including the estimated number of 
passengers carried and the routes, schedules, and fares;  
    (b) describe the transit service proposed for funding under 
the demonstration program, including the anticipated number of 
passengers and the routes, schedules, and fares; and 
    (c) indicate the total amount of available local transit 
funds, the portion of the available local transit funds proposed 
to be used to subsidize replacement services, and the amount of 
assistance requested for the replacement services.  
    Subd. 4.  [FINANCIAL ASSISTANCE.] The board may grant the 
requested financial assistance if it determines that the 
proposed service is consistent with the approved implementation 
plan and is intended to replace the service to the applying city 
or town or combination thereof by the transit commission and 
that the proposed service will meet the needs of the applicant 
at least as efficiently and effectively as the existing service. 
    The amount of assistance which the board may provide under 
this section may not exceed the sum of:  
    (a) the portion of the available local transit funds which 
the applicant proposes to use to subsidize the proposed service; 
and 
    (b) an amount of financial assistance bearing an identical 
proportional relationship to the amount under clause (a) as the 
total amount of financial assistance to the transit commission 
bears to the total amount of taxes collected by the board under 
section 473.446.  The board shall pay the amount to be provided 
to the recipient from the assistance the board would otherwise 
pay to the transit commission.  
    For purposes of this section "available local transit funds"
means 90 percent of the tax revenues which would accrue to the 
board from the tax it levies under section 473.446 in the 
applicant city or town or combination thereof.  
    Subd. 5.  [OTHER ASSISTANCE.] A city or town receiving 
assistance under this section may also receive assistance from 
the board under section 473.384.  In applying for assistance 
under that section an applicant must describe the portion of the 
available local transit funds which are not obligated to 
subsidize replacement service and which the applicant proposes 
to use to subsidize additional service.  An applicant which has 
exhausted its available local transit funds may use any other 
local subsidy funds to complete the required local share.  
    Subd. 6.  [ASSUMPTION OF PROGRAM.] The board shall certify 
to the commissioner of transportation when it has adopted an 
approved interim implementation plan and is ready to assume 
responsibility for the metropolitan transit service 
demonstration program administered by the commissioner under 
Minnesota Statutes 1982, section 174.265.  On receipt of the 
certification by the commissioner he shall make no further 
contracts under that program and shall assign all contracts then 
in effect under that program to the board, and the contracts at 
that time become obligations of the board.  
    Sec. 124.  [473.39] [BORROWING MONEY.] 
    Subdivision 1.  [GENERAL AUTHORITY.] The transit board, if 
authorized by vote of at least two-thirds of all its members, 
may borrow money on terms, and in the manner it deems proper. 
The board may not issue obligations pursuant to this subdivision 
in excess of the amount specifically authorized by law.  A loan 
made under this section and interest thereon shall be payable 
from collections of any funds of the board not otherwise 
appropriated by law and not otherwise pledged by resolution of 
the board.  The loans may be evidenced by certificates of 
indebtedness, bonds, or other obligations, to which the board 
may pledge money received upon collection of the tax authorized 
by section 473.446 or received as proceeds of bonds issued under 
this section or any other revenue of the board.  The loans may 
also be secured by a security interest in property acquired in 
whole or in part from their proceeds.  The obligations are not a 
charge, lien, or encumbrance upon and may not be enforced 
against any property of the board except tax collections and 
bond proceeds specifically pledged by the board and security 
interests granted by it.  In the enforcement or collection of 
the obligations, exercise of the taxing power of the board may 
not be required unless the board has specifically pledged tax 
levies or tax collections authorized by section 473.446 to the 
payment of the obligations.  The obligations are not a debt of 
the state or any municipality or political subdivision within 
the meaning of any debt limitation or requirement pertaining to 
those entities.  Neither the state nor any municipality or 
political subdivision except the board, nor any member or 
officer or employee of it is liable on the obligations.  
    Subd. 2.  [LEGAL INVESTMENTS.] Certificates of 
indebtedness, bonds, or other obligations issued by the board to 
which tax levies have been pledged pursuant to section 473.446, 
are proper for investment of any funds by a bank, savings bank, 
savings and loan association, credit union, trust company, 
insurance company, or public or municipal corporation, and may 
be pledged by any bank, savings bank, savings and loan 
association, credit union, or trust company as security for the 
deposit of public money.  
    Subd. 3.  [TEMPORARY BORROWING.] After the board has 
adopted a budget, the board may borrow money in amounts it deems 
necessary, which may be used or expended by the board for any 
purpose, including but not limited to current expenses, capital 
expenditures, and the discharge of any obligation or 
indebtedness of the board.  The indebtedness must be represented 
by a note or notes which may be issued from time to time in any 
denomination and sold at public or private sale pursuant to a 
resolution authorizing their issuance.  The resolution must set 
forth the form and manner of execution of the notes and must 
contain other terms and conditions the board deems necessary or 
desirable to provide security for the holders of the notes.  The 
note or notes are payable from committed or appropriated money 
from taxes, grants or loans of the state or federal government 
made to the board, or other revenues of the board, and the money 
may be pledged to the payment of the notes.  To the extent the 
notes are not paid from the grant or loan money pledged for the 
payment thereof, the principal and interest of the notes must be 
paid from any taxes, income, and revenue received or accrued 
during the fiscal year in which the note or notes were issued, 
or other money of the board lawfully available therefor.  
    Sec. 125.  [473.394] [BOARD EXEMPT FROM TAXATION.] 
    The properties, moneys, and other assets of the transit 
board, all revenues or other income of the board, are exempt 
from all taxation, licenses, fees, or charges of any kind 
imposed by the state or by any county, municipality, political 
subdivision, taxing district, or other public agency or body of 
the state.  
    Sec. 126.  Minnesota Statutes 1982, section 473.404, is 
amended to read: 
    473.404 [METROPOLITAN TRANSIT COMMISSION; CREATION AND 
COMPOSITION.] 
    Subdivision 1.  [ESTABLISHMENT.] There is hereby created a 
metropolitan transit commission for the metropolitan area, 
composed of nine members, herein called commissioners or 
members, which commission shall be organized, structured and 
administered as provided in sections 473.141 and 473.401 to 
473.451.  
    Subd. 2.  [MEMBERSHIP.] The transit commission consists of 
three members appointed by the transit board.  One member must 
be a resident of the city of Minneapolis, one must be a resident 
of the city of St. Paul, and one must reside in the service area 
of the commission outside of Minneapolis and St. Paul. 
Appointments are not subject to the advice and consent of the 
senate.  
    Subd. 3.  [TERMS.] The term of each member of the 
commission is three years and until a successor is appointed and 
qualified.  The initial terms of members commence on the first 
day after August 1, 1984, that all three members have been 
appointed and qualified.  One member must be appointed to an 
initial term of one year, one to an initial term of two years, 
and one to an initial term of three years.  The terms of members 
of the transit commission appointed and serving on August 1, 
1984, pursuant to Minnesota Statutes 1982, section 473.141, 
expire on the day that the terms of members appointed pursuant 
to this section commence.  
    Subd. 4.  [CHAIR.] The commission shall annually elect a 
member to serve as the chair of the commission for a term of one 
year.  The chair shall preside at all meetings of the 
commission, if present, and shall perform all other duties 
assigned to him by the commission or by law.  The chair may call 
special meetings of the commission.  
    Subd. 5.  [QUALIFICATION.] Each member of the commission 
must have management experience.  A member shall not during his 
term of office be a member of the metropolitan council, the 
regional transit board, the metropolitan waste control 
commission, the metropolitan airports commission, the 
metropolitan sports facilities commission, or any other 
independent regional commission, board, or agency, or hold any 
judicial office.  Each member shall qualify by taking and 
subscribing to the oath of office prescribed by the Minnesota 
Constitution, article 5, section 5.  The oath, duly certified by 
the official administering it, must be filed with the 
metropolitan council.  
    Subd. 6.  [REMOVAL; VACANCIES.] Members may be removed by 
the council only for cause in the manner specified in chapter 
351.  If the office of a member becomes vacant, under the 
conditions specified in chapter 351, the vacancy must be filled 
in the same manner in which the appointment to that office was 
made.  
    Subd. 7.  [COMPENSATION.] Each member must be compensated 
as provided in section 473.141, subdivision 7.  
    Subd. 8.  [ORGANIZATION.] The commission shall be organized 
into an operations division and an administration and operations 
planning division.  The head of each division shall report to 
the chief administrator.  
    Subd. 9.  [ADMINISTRATION.] The commission must be 
administered as provided in section 473.141, subdivisions 8, 9, 
10, 11, 12, 13, and 14, except as otherwise provided in sections 
473.404 to 473.449.  
    Sec. 127.  Minnesota Statutes 1982, section 473.405, is 
amended to read: 
    473.405 [OPERATION POWERS.] 
    Subdivision 1.  [LEGAL STATUS; GENERAL POWERS.] The transit 
commission has the powers and duties prescribed by sections 
473.404 to 473.449 and all powers necessary or convenient to 
discharge its duties.  
    Subd. 2.  [LEGAL STATUS.] (a) The transit area, with the 
commission as its governing body, shall be is a public 
corporation and a political subdivision of the state.  All the 
powers vested and obligations or duties imposed upon the 
commission and acts of the commission by sections 473.401 to 
473.451 shall be deemed to be those of the transit area wherever 
necessary or appropriate, and shall be exercised, performed, and 
discharged in behalf of the area by the commission in its name 
as a public corporation and with like force and effect as if 
done in the name of the area, and for all such purposes, the 
commission shall have the same status and powers as the area, 
all subject to the provisions of section 473.449.  The chairman 
and secretary of the commission shall have such powers as are 
delegated to them by the commission.  
    Subd. 3.  [PROPERTY.] The commission may acquire, own, 
hold, use, improve, operate, maintain, lease, exchange, 
transfer, sell, or otherwise dispose of property, franchises, 
easements, or property rights or interests of any kind.  The 
commission may acquire by purchase, lease, gift, or condemnation 
proceedings pursuant to chapter 117.  Except as provided in 
subdivision 9, the commission may take possession of any 
property for which condemnation proceedings have been commenced 
at any time after the filing of the petition describing the 
property in the proceedings.  The commission may contract with 
an operator or other persons for the use by the operator or 
person of any property under the commission's control.  
    (b) Subd. 4.  [TRANSIT SYSTEMS.] The commission shall have 
the power to plan, may engineer, construct, equip, and operate 
transit and paratransit systems, projects, or any parts thereof, 
including road lanes or rights of way, terminal facilities, 
maintenance and garage facilities, ramps, parking areas, and any 
other facilities useful for or related to any public transit or 
paratransit system or project.  The commission may acquire by 
purchase, lease, gift, or condemnation proceedings any real or 
personal property, franchises, easements, or other rights of any 
kind for such purposes, or which may be necessary or proper for 
the discharge of its powers and duties.  
    Subd. 5.  [ACQUISITION OF TRANSIT SYSTEMS.] The commission 
shall have the power to may acquire by purchase, lease, gift, or 
condemnation proceedings any existing public transit system or 
any part thereof, including all or any part of the plant, 
equipment, shares of stock, property, real, personal, or mixed, 
rights in property, reserve funds, special funds, franchises, 
licenses, patents, permits and papers, documents and records 
belonging to any operator of a public transit system within the 
transit metropolitan area, and may in connection therewith 
assume any or all liabilities of any operator of a public 
transit system.  The commission may not acquire any existing 
public transit system until such the acquisition has been 
approved by a majority of the transit board and the metropolitan 
council.  The commission may hold, use, improve, operate, 
maintain, lease, exchange, transfer, sell, or otherwise dispose 
of any of its property or rights to others and may contract with 
any operator or other persons for the use by any such operator 
or person of any such property or facilities under its control. 
     The commission, if it proceeds to acquire any existing 
public transit system or any part thereof by condemnation, shall 
have the power to take control of and operate such a system 
immediately following the filing and approval of the initial 
petition for condemnation, if the commission, in its discretion, 
determines such action this to be necessary.  This power shall 
include the, and may take possession of all right, title and 
other powers of ownership in all properties and facilities 
described in the petition.  Such action shall Control must be 
taken by resolution which shall be is effective upon service of 
a copy thereof on the condemnee and the filing of the resolution 
in the condemnation action.  In the determination of the fair 
value of the existing public transit system, there shall must 
not be included any value attributable to expenditures for 
improvements made by the transit commission. 
    The commission may continue or terminate within three 
months of acquisition any advertising contract in existence by 
and between any advertiser and a transit system that the 
commission has acquired.  If the commission determines to 
terminate such the advertising contract, it shall acquire all of 
the advertiser's rights under the contract by purchase or 
eminent domain proceedings as provided by law. 
    Subd. 6.  [PLANNING.] The commission shall prepare the 
operations plans and service plans required by the board for 
submission to the board for approval.  
    Subd. 7.  [ACTIONS.] The commission may sue and be sued and 
may enter into contracts which may be necessary or proper.  
    Subd. 8.  [CONTRACTS.] The commission may enter into 
contracts necessary or proper for the exercise of its powers or 
the accomplishment of its purposes.  
    Subd. 9.  [CONDEMNATION OF PUBLIC PROPERTY OR PROPERTY OF 
PUBLIC SERVICE CORPORATIONS.] The fact that property is owned by 
or is in charge of a public agency or a public service 
corporation organized for a purpose specified in section 300.03, 
or is already devoted to a public use or to use by the 
corporation or was acquired therefor by condemnation may not 
prevent its acquisition by the commission by condemnation, but 
if the property is in actual public use or in actual use by the 
corporation for any purpose of interest or benefit to the 
public, the taking by the commission by condemnation may not be 
authorized unless the court finds and determines that there is 
greater public necessity for the proposed use by the commission 
than for the existing use.  
    Subd. 10.  [VOLUNTARY TRANSFER OF PUBLIC PROPERTY TO THE 
COMMISSION.] Any state department or other agency of the state 
government or any county, municipality, or other public agency 
may sell, lease, grant, transfer, or convey to the commission, 
with or without consideration, any facilities or any part or 
parts thereof or any real or personal property or interest 
therein which may be useful to the commission for any authorized 
purpose.  In any case where the construction of a facility has 
not been completed, the public agency concerned may also 
transfer, sell, assign, and set over to the commission, with or 
without consideration, any existing contract for the 
construction of the facilities.  
    Subd. 11.  [GIFTS AND GRANTS.] The commission may accept 
gifts, grants, or loans of money or other property from the 
United States, the state, or any person or entity for such 
purposes, may enter into any agreement required in connection 
therewith, may comply with any federal or state laws or 
regulations applicable thereto, and may hold, use, and dispose 
of such the money or property in accordance with the terms of 
the gift, grant, loan, or agreement relating thereto.  The 
commission may establish an executive committee, a finance 
committee, and such other committees of its members as it deems 
necessary or proper in furtherance of the provisions of sections 
473.401 to 473.451, and may authorize them to exercise in the 
intervals between commission meetings any powers of the 
commission except those expressly required by law to be 
exercised by the commission.  
    Subd. 2 12.  [MANAGEMENT CONTRACTS.] Notwithstanding any of 
the other provisions of sections 473.401 to 473.451, the 
commission shall have powers may, in lieu of directly operating 
any public transit system, or any part thereof, to enter into 
management contracts with any persons, firms, or corporations 
for the management of said system for such period or periods of 
time, and under such services.  The contracts may provide for 
compensation, incentive fees, the employment of personnel, the 
services provided, and other terms and conditions as shall be 
deemed advisable and that the commission deems proper by the 
commission and such persons, firms, or corporations. 
     Such persons, firms, or corporations entering into 
management contracts with the commission may employ necessary 
personnel for the operation and maintenance of said system as 
well as perform consulting and supervisory services for the 
commission.  An incentive fee may be included in any management 
contract that is negotiated The commission may not permit a 
contract manager to supervise or manage internal audit 
activities.  Internal audit activity must be supervised and 
managed directly by the commission.  The commission shall 
advertise for bids and select contracts for management services 
through competitive bidding.  The term of the contract may not 
be longer than two years.  The contract must include clear 
operating objectives, stating the service policies and goals of 
the commission in terms of the movement of various passenger 
groups, and performance criteria, by means of which success in 
achieving the operating objectives can be measured.  Employees 
of a contract manager may serve only in the operations 
division.  The commission shall consider and determine the 
feasibility and desirability of having all its transit 
management services provided internally by employees of the 
commission.  
    The employees of any public transit system operated 
pursuant to the provisions of this subdivision shall, in case of 
for the purpose of resolving any dispute arising under any 
existing or new collective bargaining agreement relating to the 
terms or conditions of their employment, have the right, for the 
purpose of resolving such dispute, may either to engage in a 
concerted refusal to work or to invoke the processes of final 
and binding arbitration as provided by chapter 572, subject to 
any applicable provisions of the agreement not inconsistent with 
law.  
    Whenever the commission shall directly operate any public 
transit system, or any part thereof, or enter into any 
management contract or other arrangement for the operation 
thereof, the commission shall take such action as may be 
necessary to extend to employees of affected public transit 
systems in the area, in accordance with seniority, the first 
opportunity for reasonably comparable employment in any 
available non-supervisory jobs in respect to such operations for 
which they can qualify after a reasonable training period.  Such 
employment shall not result in any worsening of the employee's 
position in his former employment nor any loss of wages, hours, 
working conditions, seniority, fringe benefits, and rights and 
privileges pertaining thereto.  
    The commission may enter into an agreement specifying fair 
and equitable arrangements to protect the interests of employees 
who may be affected if the commission should acquire any 
interest in or purchase any facilities or other property of a 
privately owned and operated transit system, or construct, 
improve, or reconstruct any such facilities or other such 
property acquired from any such system, or provide by contract 
or otherwise for the operation of transportation facilities or 
equipment in competition with, or supplementary to, the service 
provided by an existing transit system.  Such agreement, 
specifying the terms and conditions of the protective 
arrangements, shall comply with any applicable requirements of 
sections 473.401 to 473.451, and with the requirements of any 
federal law or regulation if federal aid is involved.  Such an 
agreement may provide for final and binding arbitration of any 
dispute.  
    Subd. 3.  [RULES AND REGULATIONS.] The commission may 
prescribe and promulgate rules and regulations as it deems 
necessary or expedient in furtherance of the purposes of 
sections 473.401 to 473.451 upon like procedure and with like 
force and effect as provided for state agencies by sections 
14.02, 14.04 to 14.36, 14.38, 14.44 to 14.45, and 14.57 to 
14.62, and acts amendatory thereof and supplementary thereto.  
    Subd. 13.  [INSURANCE.] The commission may provide for 
self-insurance or otherwise provide for insurance relating to 
any of its property, rights, or revenue, workers' compensation, 
public liability, or any other risk or hazard arising from its 
activities, and may provide for insuring any of its officers or 
employees against the risk or hazard at the expense of the 
commission.  If the commission provides for self-insurance, 
against its liability and the liability of its officers, 
employees, and agents for damages resulting from its torts and 
those of its officers, employees, and agents, including its 
obligation to pay basic economic loss benefits under sections 
65B.41 to 65B.71, it shall be entitled to deduct from damages 
and basic economic loss benefits all money paid or payable to 
the persons seeking damages and benefits from all governmental 
entities providing medical, hospital, and disability benefits.  
    Subd. 14.  [ENTRY ON PREMISES FOR INVESTIGATIONS.] The 
commission may enter in a reasonable manner upon any lands, 
waters, or premises for the purpose of making any reasonably 
necessary or proper surveys, soundings, drillings, and 
examinations.  The entry may not be deemed a trespass, except 
that the commission is liable for any actual and consequential 
loss, injury, or damage therefrom.  
    Subd. 15.  [RELOCATION OF DISPLACED PERSONS.] The 
commission may plan for and assist in the relocation of 
individuals, families, business concerns, nonprofit 
organizations, and others displaced by operations of the 
commission, and may make relocation payments in accordance with 
federal regulations.  
    Sec. 128.  Minnesota Statutes 1982, section 473.409, is 
amended to read: 
    473.409 [AGREEMENTS WITH COMMISSION; ENCOURAGEMENT OF 
TRANSIT USE.] 
    A state department or agency, including the legislative 
branch, any local governmental unit, the metropolitan council, 
or other metropolitan commission may enter into an agreement 
with the transit commission and other operators for the purpose 
of encouraging the use of transit by its employees residing in 
the metropolitan area.  The agreement may provide for, among 
other things:  (a) the advance purchase of tokens, tickets or 
other devices from the commission or other operator for use in 
lieu of fares on vehicles operated by the commission or other 
operator; and (b) special transit service for employees to and 
from their place of employment, at fares to be agreed upon by 
the contracting parties.  The tokens, tickets, or other devices 
or services may be made available to employees at reduced 
rates.  Any such agreement and arrangement by a state department 
or agency shall be submitted to the commissioner of 
administration for approval before execution.  Any operating 
deficits or subsidy resulting from such agreements shall be 
assumed by the contracting department, agency, governmental 
unit, council, or other commission, unless otherwise provided in 
the an agreement approved by the transit board. 
    Sec. 129.  Minnesota Statutes 1982, section 473.411, is 
amended to read: 
    473.411 [TRANSPORTATION DEVELOPMENT PROGRAM TRANSIT AND 
HIGHWAY SYSTEMS.] 
    Subdivision 1.  [DEVELOPMENT PROGRAM.] The commission shall 
prepare and submit in the manner provided in and satisfying the 
requirements of section 473.161, a development program, 
providing for the implementation of the policy plan adopted by 
the council.  In preparing the program, the commission shall 
consult with counties and municipalities in the metropolitan 
area, the state transportation department and the commissioner 
of energy, planning and development, and for that purpose may 
create such advisory committees as may be necessary.  
    The program shall provide for coordination of routes and 
operations of all publicly and privately owned transit and 
paratransit facilities within the transit area to the end that 
combined efficient and rapid transit and paratransit may be 
provided for the use of the public in the entire area.  The 
commission may designate a segment of the system planned as a 
pilot or demonstration transit or paratransit project using, 
without limitation, new technology including airborne systems, 
or traditional systems of evolved or modern form.  The 
development program shall include the general alignment and 
profile, approximate points of access, facility classification, 
approximate cost, relation to other existing and planned transit 
and paratransit routes and facilities, and a statement of the 
expected general effect on present and future use of the 
property within the corridor.  The program shall be accompanied 
with a statement of need for the proposed construction or 
improvement, a description of alternate routes which were 
considered, and an explanation of the advantages and 
disadvantages in the selection of any route considered.  The 
development program shall also contain a description of the type 
of right-of-way or routes required; the type of transit service 
to be provided in each portion of the system; designation of 
transit mode; and appropriate general operating criteria.  The 
program shall also contain an operational improvement program 
which shall at least describe performance objectives and 
standards which the commission proposes to achieve in satisfying 
policies, purposes, and goals established by the legislature and 
the council; identify performance indicators by which to monitor 
and assess progress in achieving the objectives and standards; 
and establish a route deficit limit as provided in section 
174.28, subdivision 5.  The program may include such other 
information as the council or the commission deems necessary.  
    Subd. 3.  [COMBINATION OF PUBLIC TRANSIT AND HIGHWAY 
SYSTEMS; SERVICES OF DEPARTMENT OF TRANSPORTATION.] The public 
transit system shall be designed and operated, as far as 
practicable, so as to provide, in combination with public 
highways, adequate means and facilities of maximum attainable 
efficiency for public transportation to, from, and within the 
metropolitan transit area, and to relieve the congestion, 
traffic hazards, and other objectionable conditions aforesaid on 
the public highways caused by lack of adequate provisions for 
public transit.  The transit commission may make use of 
engineering and other technical and professional services, 
including regular staff and qualified consultants, which the 
commissioner of transportation can furnish, upon fair and 
reasonable reimbursement for the cost thereof; provided, that 
the commission shall have has final authority over the 
employment of any services from other sources which it may deem 
necessary for such purposes.  The commissioner of transportation 
may furnish all engineering, legal, and other services, if so 
requested by the commission and upon fair and reasonable 
reimbursement for the cost thereof by the commission, which the 
commission requests for the purposes stated in this subdivision, 
including the acquisition by purchase, condemnation, or 
otherwise in the name of the commission of all lands, waters, 
easements, or other rights or interests in lands or waters 
required by the commission.  No purchase of service agreements 
may be made under this subdivision which are not included in the 
budget of the commission.  
    Subd. 4.  [STATE HIGHWAYS; JOINT USE FOR TRANSIT AND 
HIGHWAY PURPOSES.] Wherever the joint construction or use of a 
state highway is feasible in fulfilling the purposes of sections 
473.401 to 473.451, the transit commission shall enter into an 
agreement with the commissioner of transportation therefor, 
evidenced by a memorandum setting forth the terms of the 
agreement.  Either the commission or the commissioner of 
transportation may acquire any additional lands, waters, 
easements or other rights or interests therein required for such 
joint use in accordance with said the agreement, or joint 
acquisition may be made by condemnation as provided by section 
117.016 and the provisions of sections 473.401 to 473.451.  
Under any such the agreement each party shall pay to the other 
party reasonable compensation for the costs of any services 
performed at the request of the other party which may include 
any costs of engineering, design, acquisition of property, 
construction of the facilities, and for the use thereof so far 
as attributable to and necessary for said the purposes.  The 
commission may not agree to acquisitions or expenditures under 
this subdivision which are not included in its budget.  
    Subd. 5.  [USE OF PUBLIC ROADWAYS AND APPURTENANCES.] The 
transit commission shall have the right to may use for the 
purposes of sections 473.401 to 473.451 upon the conditions 
hereinafter stated in this subdivision any state highway or 
other public roadway or lane thereof, or any bridge or tunnel or 
other appurtenance of such a roadway, without payment of any 
compensation therefor, provided such the use does not interfere 
unreasonably with the public use or maintenance of the roadway 
or appurtenance or entail any substantial additional costs for 
maintenance thereof; provided further, that.  The provisions of 
this subdivision shall do not apply to the property of any 
common carrier railroad or common carrier railroads.  The 
consent of the public agency in charge of such state highway or 
other public highway or roadway or appurtenance shall is not be 
required, but if such the agency objects to the proposed use or 
claims reimbursement from the commission for additional cost of 
maintenance, it may commence an action against the commission in 
the district court of the county wherein such the highway, 
roadway, or appurtenance, or major portion thereof, is located.  
The proceedings in such the action shall must conform to the 
rules of civil procedure applicable to the district courts.  The 
court shall sit without jury.  If the court determines that the 
use in question interferes unreasonably with the public use or 
maintenance of the roadway or appurtenance, it shall enjoin such 
the use by the commission.  If the court determines that the use 
in question does not interfere unreasonably with the public use 
or maintenance of the roadway or appurtenance, but that it 
entails substantial additional maintenance costs, the court 
shall award judgment to the agency for the amount of such the 
additional costs.  Otherwise the court shall award judgment to 
the commission.  An aggrieved party may appeal from the judgment 
of the district court in the same manner as is provided for such 
appeals in other civil actions.  The commission may also use 
land within the right of way of any state highway or other 
public roadway for the erection of traffic control devices, 
other signs, and passenger shelters upon the conditions 
hereinafter stated in this subdivision and subject only to the 
approval of the commissioner of transportation where required by 
statute, and subject to the express provisions of other 
applicable statutes and to federal requirements where necessary 
to qualify for federal aid. 
    Sec. 130.  Minnesota Statutes 1982, section 473.416, is 
amended to read: 
    473.416 [COMMISSION; TAKING OVER PERSONNEL AND CONTRACTS OF 
JOINT POWERS TRANSIT COMMISSION SYSTEMS.] 
    Whenever the transit commission directly operates any 
public transit system, or any part thereof, or enters into any 
management contract or other arrangement for the operation of a 
system, the commission shall take the action necessary to extend 
to employees of the affected public transit systems, in 
accordance with seniority, the first opportunity for reasonably 
comparable employment in any available nonsupervisory jobs in 
respect to such operations for which they can qualify after a 
reasonable training period.  The employment must not result in 
any worsening of the employee's position in his or her former 
employment nor any loss of wages, hours, working conditions, 
seniority, fringe benefits, and rights and privileges pertaining 
thereto.  The commission may enter into an agreement specifying 
fair and equitable arrangements to protect the interests of 
employees who may be affected if the commission should acquire 
any interest in or purchase any facilities or other property of 
a privately owned and operated transit system, or construct, 
improve, or reconstruct any facilities or other property 
acquired from any system, or provide by contract or otherwise 
for the operation of transportation facilities or equipment in 
competition with, or supplementary to, the service provided by 
an existing transit system.  The agreement, specifying the terms 
and conditions of the protective arrangements, must comply with 
any applicable requirements of sections 473.401 to 473.451, and 
with the requirements of any federal law or regulation if 
federal aid is involved.  The agreement may provide for final 
and binding arbitration of any dispute.  
    The commission, upon commencing operations under sections 
473.401 to 473.451, shall, so far as deemed practicable and 
advisable in the discretion of the commission and subject to the 
provisions hereof, take over and employ in corresponding 
positions or other suitable positions the professional, 
technical, and other personnel employed by the existing 
metropolitan transit commission, hereinafter called the joint 
powers transit commission, created by the joint and cooperative 
agreement heretofore made between certain governmental units of 
the transit area pursuant to section 471.59.  The transit 
commission created by sections 473.401 to 473.451 shall upon 
like conditions take over any contracts made by the joint powers 
transit commission and in force on July 1, 1967 for professional 
or technical services, rental of office space or other 
facilities, or other contracts relating to any matter within the 
purposes of sections 473.401 to 473.451.  The joint powers 
transit commission shall execute all instruments which may be 
necessary to effectuate the provisions of this section.  
    Sec. 131.  Minnesota Statutes 1982, section 473.435, is 
amended to read: 
    473.435 [BUDGET PREPARATION; SUBMISSION FINANCE.] 
    Subdivision 1.  [BUDGET.] In furtherance of and in 
conformance with the implementation plan of the transit board, 
the transit commission shall prepare, submit and adopt a budget 
in the manner provided in, and otherwise comply with, the 
provisions of sections 174.03 and 473.163 each year shall 
prepare an annual budget, at the time, in the form, and 
containing the information prescribed by the board, and, after 
holding a public hearing on the budget, shall submit the budget 
to the board for review and approval or disapproval.  The board 
may approve or disapprove the budget in whole or in part.  The 
board may attach conditions to its approval.  The board shall 
approve elements that the board determines are in conformance 
with the board's implementation plan and budget and shall 
disapprove elements that the board determines are not in 
conformance with the board's implementation plan and budget. The 
board shall return the budget to the commission, with comments 
indicating the reasons for any disapproval.  If necessary, the 
commission shall make any appropriate amendments and resubmit 
the budget to the board for approval or disapproval. 
    Subd. 2.  [AUDIT.] The transit commission shall employ a 
certified public accountant or firm to make an annual audit of 
the commission's financial accounts and affairs for the last 
fiscal year on or before November 30 of each year, and copies of 
the report thereof shall be filed and kept open to public 
inspection in the offices of the secretary of the commission, 
the board, and the secretary of state.  The information in the 
audit shall be contained in the annual report and distributed in 
accordance with section 473.445.  
    Sec. 132.  Minnesota Statutes 1983 Supplement, section 
473.436, subdivision 6, is amended to read: 
    Subd. 6.  [TEMPORARY BORROWING.] On or after the first day 
of any fiscal year, the commission may borrow money which may be 
used or expended by the commission for any purpose, including 
but not limited to current expenses, capital expenditures and 
the discharge of any obligation or indebtedness of the 
commission.  The indebtedness shall must be represented by a 
note or notes which may be issued from time to time in any 
denomination and sold at public or private sale pursuant to a 
resolution authorizing the issuance thereof, which.  The 
resolution shall must set forth the form and manner of execution 
of the notes and shall contain other terms and conditions the 
commission deems necessary or desirable to provide security for 
the holders of the notes.  The note or notes shall be are 
payable from committed or appropriated money of from taxes, 
grants or loans of the state or federal government made to the 
commission, or other revenues of the commission, and the money 
may be pledged to the payment of the notes.  To the extent the 
notes are not paid from the grant or loan money pledged for the 
payment thereof, the principal and interest of the notes shall 
must be paid with the interest thereon from any taxes, income 
and revenue received or accrued during the fiscal year in which 
the note or notes were issued, or other money of the commission 
lawfully available therefor. 
    Sec. 133.  Minnesota Statutes 1982, section 473.436, is 
amended by adding a subdivision to read: 
    Subd. 7.  [APPROVAL BY BOARD.] Commencing on the day that 
the transit board has adopted an approved interim implementation 
plan and financial plan, pursuant to sections 473.377 and 
473.38, the transit commission may not issue debt under this 
section without the approval of the board.  
    Sec. 134.  Minnesota Statutes 1982, section 473.445, is 
amended to read: 
    473.445 [COMMISSION; ANNUAL REPORTS.] 
    Subdivision 1.  The transit commission on or before 
November 30 of each year shall prepare a report for the 
preceding fiscal year, also, so far as practicable, for the 
further time up to the preparation of the report, containing, in 
addition to such other matters as the commission may deem 
proper, the following: 
    (a) the activities of the commission during the period 
covered by the report; 
    (b) the financial condition of public transit systems under 
the control of the commission; and 
    (c) a complete financial accounting of the financial 
accounts and affairs of the commission during the fiscal year;  
    (d) recommendations for improvements of or additions to the 
transit and paratransit facilities of the area to provide 
adequate, speedy, and efficient means of transporting people 
therein;  
    (e) recommendations for any needed legislation in 
furtherance of the aforesaid purposes.  
    Subd. 3.  Each report shall must be filed with the 
secretary of the commission and a copy shall must be filed with 
the board, the council, and the secretary of state.  Copies 
shall must also be submitted to the legislature by November 15 
of each even numbered year and shall be distributed annually to 
the governor and, to each member of the legislature, to each 
county commission, and to each elected chief executive of each 
municipality in the transit metropolitan area. 
    Sec. 135.  Minnesota Statutes 1982, section 473.446, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [PROTECTION OF RIGHTS OF HOLDERS OF OUTSTANDING 
INDEBTEDNESS.] The provisions of subdivisions 1 and 2 or any 
other law changing the boundaries of the metropolitan transit 
taxing district or reducing the levy otherwise required to be 
levied within the district shall not be deemed to impair the 
rights of holders of outstanding indebtedness of the commission 
to require the levy certification to the transit board of 
property taxes, if necessary to provide for any deficiency in 
accordance with the conditions of such indebtedness, on all 
property within the limits of the metropolitan transit taxing 
district as such limits were in effect at the date of issuance 
of such indebtedness. 
    Sec. 136.  Minnesota Statutes 1982, section 473.446, is 
amended by adding a subdivision to read: 
    Subd. 6.  [TRANSFER OF AUTHORITY.] The authority and 
responsibility to levy taxes provided under this section is 
transferred from the transit commission to the transit board, 
beginning for taxes levied in 1984, payable in 1985, and for 
each succeeding year.  In addition to the taxing authority under 
subdivision 1, the transit board may levy an additional amount 
necessary to provide full and timely payment of obligations of 
the board issued under section 473.39.  The board is subject to 
the requirements and obligations imposed by this section on the 
commission.  
    Sec. 137.  Minnesota Statutes 1982, section 473.446, is 
amended by adding a subdivision to read: 
    Subd. 7.  [PROTECTION OF RIGHTS OF HOLDERS OF OUTSTANDING 
INDEBTEDNESS.] Beginning for taxes levied in 1984, payable in 
1985, and for each succeeding year, the transit commission shall 
certify to the transit board before October 1 of each year the 
amounts necessary to provide full and timely payment of 
certificates of indebtedness, bonds, and other obligations of 
the commission, until all debt of the commission is fully 
discharged.  As part of its levy made pursuant to subdivisions 1 
and 6, the board shall levy the amounts certified by the 
commission and transfer the proceeds to the commission for 
payment of its obligations.  The taxes must be levied, 
certified, and collected in accordance with the terms and 
conditions of the indebtedness.  Nothing in this act may impair 
the rights of holders of valid obligations of the commission to 
require a levy of property taxes.  The transit board shall take 
the actions necessary to comply with the terms and conditions of 
the obligations, including if necessary the levy of property 
taxes to provide for a deficiency.  
    Sec. 138.  Minnesota Statutes 1982, section 473.449, is 
amended to read: 
    473.449 [ACT EXCLUSIVE.] 
    The exercise by the commission of the powers provided in 
sections 473.401 to 473.451 shall not be subject to regulation 
by or the jurisdiction or control of any other public body or 
agency, either state, county, or municipal, except as 
specifically provided in sections 473.401 to 473.451, and Laws 
1974, Chapter 422, Article 1 chapter 473. 
    Sec. 139.  Minnesota Statutes 1983 Supplement, section 
609.855, subdivision 1, is amended to read: 
    Subdivision 1.  [UNLAWFULLY OBTAINING SERVICES.] Whoever 
intentionally obtains or attempts to obtain service from a 
provider of regular route transit as defined in section 174.22, 
subdivision 8, without making the required fare deposit or 
otherwise obtaining the consent of the transit operator or other 
authorized transit representative is guilty of unlawfully 
obtaining services and may be sentenced as provided in 
subdivision 4.  
    Sec. 140.  Minnesota Statutes 1983 Supplement, section 
609.855, subdivision 2, is amended to read: 
    Subd. 2.  [UNLAWFUL INTERFERENCE WITH TRANSIT OPERATOR.] 
Whoever intentionally commits an act that unreasonably 
interferes with the transit operator or representative while the 
operator or representative is engaged in the performance of 
official duties or obstructs the operation of a transit vehicle 
is guilty of unlawful interference and may be sentenced as 
provided in subdivision 4. 
    Sec. 141.  Laws 1983, chapter 293, section 1, is amended to 
read: 
    Section 1.  [TRANSPORTATION AND OTHER AGENCIES; 
APPROPRIATIONS.] The sums set forth in the columns designated 
"APPROPRIATIONS" are appropriated from the general fund, or any 
other fund designated, to the agencies and for the purposes 
specified in the following sections of this act, to be available 
for the fiscal years indicated for each purpose.  The figures 
"1983," "1984," and "1985," wherever used in this act, mean that 
the appropriation or appropriations listed thereunder are 
available for the year ending June 30, 1983, June 30, 1984, or 
June 30, 1985, respectively.  

                            SUMMARY BY FUND 
           1983              1984         1985         TOTAL   
General     $10,000     $82,717,500  $80,685,200   $163,412,700
Special                     335,500      372,700        708,200
Airports                  9,356,900   10,335,400     19,712,300
                                      10,355,400 
M.S.A.S.                 51,500,000   54,100,000    105,600,000
C.S.A.H.                154,900,000  163,400,000    318,300,000
Tr. Hwy.                603,211,800  598,162,700  1,201,374,500
Hwy. User                 7,618,100    7,477,700     15,095,800
                          7,474,300    7,621,500 
TOTAL      $10,000     $909,639,800 $914,553,700 $1,824,203,500
                       $909,496,000 $914,697,500 
                                          APPROPRIATIONS
                                       Available for the Year
                                           Ending June 30 
                                          1984         1985
    Sec. 142.  Laws 1983, chapter 293, section 2, subdivision 
2, is amended to read: 
     Subd. 2.  Highway Development    566,923,700  573,418,700
Trunk Highway Development 
      1984           1985 
   $342,824,000  $335,308,700 
   $342,823,700 
 It is estimated that this appropriation 
will be funded as follows:  
Federal Highway Aid 
   $212,500,000  $204,000,000 
Highway User Taxes 
   $ 95,323,700  $ 91,308,700 
Bond Proceeds 
   $ 35,000,000  $ 40,000,000 
 The bond proceeds in this appropriation 
are the same as those appropriated by 
Laws 1977, chapter 277, section 1, and 
Laws 1983, chapter 17, section 12, both 
as amended by this act. 
 The commissioner of transportation 
shall notify the chairman of the senate 
finance committee and chairman of the 
house appropriations committee promptly 
of any events that should cause these 
estimates to change. 
 This appropriation is for the actual 
construction, reconstruction, and 
improvement of trunk highways.  This 
includes the cost of actual payment to 
land owners for lands acquired for 
highway right of way, payment to 
lessees, interest subsidies, and 
relocation expenses.  
County State Aids
   $154,900,000  $163,400,000 
 This appropriation is from the county 
state-aid highway fund and is available 
until expended.  
Municipal State Aids
   $ 51,500,000   $ 54,100,000 
 This appropriation is from the 
municipal state-aid street fund and is 
available until expended.  
 Of the above appropriation, $155,000 
the first year and $163,500 the second 
year shall be allocated to those 
communities where the population fell 
below 5,000 according to the 1980 
federal census. 
 If an appropriation for either county 
state aids or municipal state aids is 
insufficient to exhaust the balance in 
the fund from which it is made in the 
year for which it is made, the 
commissioner of finance, upon request 
of the commissioner of transportation, 
shall notify the committee on finance 
of the senate and the committee on 
appropriations of the house of 
representatives of the amount of the 
remainder and shall then add that 
amount to the appropriation.  The 
amount added is appropriated for the 
purposes of county state aids or 
municipal state aids, as appropriate.  
Highway Debt Service
   $ 17,700,000  $ 20,610,000 
 For transfer to the state bond fund. 
 If this appropriation is insufficient 
to make all transfers required in the 
year for which it is made, the 
commissioner of finance shall notify 
the committee on finance of the senate 
and the committee on appropriations of 
the house of representatives of the 
amount of the deficiency and shall then 
transfer that amount pursuant to the 
statutory open appropriation.  
 Any excess appropriation shall be 
canceled to the trunk highway fund. 
    Sec. 143.  Laws 1983, chapter 293, section 2, subdivision 
8, is amended to read: 
     Subd. 8.  Aeronautics              9,249,600   10,249,900 
 The appropriations in this subdivision 
are from the state airports fund. 
 The amounts that may be expended from 
this appropriation for each activity 
are as follows: 
Aeronautics Operations
   $    439,600  $    447,300 
   $    451,400  $    459,900 
 During the biennium ending June 30, 
1985, the commissioner shall not 
require the registration of personal 
use airports except for those within 
five miles of a public airport, whether 
privately or publicly owned. 
Aeronautics Development and Assistance
   $  8,479,700  $  9,660,100 
   $  8,467,900  $  9,647,500 
 $971,500 the first year and $1,014,200 
the second year is for navigational 
aids.  
 $5,092,300 the first year and 
$6,269,400 the second year is for 
airport construction grants.  
 $1,400,000 the first year and 
$1,400,000 the second year is for 
airport maintenance grants.  
 If the appropriation for either year 
for navigational aids, airport 
construction grants, or airport 
maintenance grants is insufficient, the 
appropriation for the other year is 
available for it.  These appropriations 
shall be expended only for grant-in-aid 
programs for airports that are not 
state owned. 
 These appropriations are to be expended 
in accordance with Minnesota Statutes, 
section 360.305, subdivision 4, clauses 
(1), (2), (4), and (5).  
 The commissioner of transportation may 
transfer unencumbered balances among 
these appropriations with the approval 
of the governor after consultation with 
the legislative advisory commission.  
 $16,900 the first year and $7,500 the 
second year is for maintenance of the 
Pine Creek Airport. 
Air Transportation Services
   $    330,300  $    142,500
Any unexpended balance of the 
appropriation for air transportation 
services for purposes of repair and 
replacement of aircraft parts remaining 
in the first year shall not cancel but 
is available for the second year of the 
biennium.  
The commissioner of transportation 
shall expend no money for pilot 
uniforms. 
 During the biennium ending June 30, 
1985, the commissioner of 
transportation shall establish the 
position of state air dispatcher. 
    Sec. 144.  Laws 1983, chapter 293, section 2, subdivision 
9, is amended to read: 
    Subd. 9.  Transfers 
The commissioner of transportation with 
the approval of the commissioner of 
finance may transfer unencumbered 
balances among the appropriations from 
the trunk highway fund made in this 
section from the trunk highway fund, 
or from the general fund or state  
airports fund other than for grants.  
No transfer shall be made from 
the appropriation for trunk highway 
development.  No transfer shall be made 
from the appropriations for debt 
service to any other appropriation. 
No transfer shall be made between funds.  
Transfers shall be reported forthwith 
to the committee on finance of the 
senate and the committee on 
appropriations of the house of 
representatives.  
    Sec. 145.  Laws 1983, chapter 293, section 4, subdivision 
1, is amended to read: 
     Sec. 4.  PUBLIC SAFETY
     Subdivision 1.  General Operations
     and Management                     68,134,000   68,181,700 
                                        67,990,600   68,325,500 
                             1984      1985 
     Approved Complement - 1,631.9   1,630.8 
     General -               385.0     385.0 
     Special -                  .5        .5 
     Trunk Highway -       1,039.3   1,039.3 
     Highway User -          174.6     174.6 
     Federal -                32.5      31.4 
 The above approved complement includes 
511 for state funded unclassified 
patrol officers and supervisors of the 
highway patrol.  
Nothing in this provision is intended 
to limit the authority of the 
commissioner of public safety to 
transfer personnel, with the approval 
of the commissioner of finance, among 
the various units and divisions within 
this section provided that the above 
complement shall be reduced accordingly.
 No new highway patrol supervisory 
positions shall be established, with 
the exception of special duty assigned 
ranks for the length of assignment only.
 The commissioner of public safety, in 
cooperation with the departments of 
revenue and transportation, shall 
submit a report to the legislature 
outlining the costs and benefits of 
establishing ports of entry on 
Minnesota trunk highways.  The study 
shall include, but is not necessarily 
limited to, an evaluation of the 
financial requirements for establishing 
ports of entry, the feasibility of 
ports of entry, the optimum location of 
ports of entry, and the impact ports of 
entry might have on the revenues 
collected for road and street purposes 
in Minnesota.  The report shall be 
submitted to the chairman of the house 
appropriations committee and the 
chairman of the senate finance 
committee by November 1, 1983.  
Of this appropriation, $17,274,400 the 
first year and $17,281,200 the second 
year is from the general fund; $45,000 
the first year and $45,000 the second 
year is from the state airports fund; 
$43,446,900 for the first year and 
$43,627,800 the second year is from the 
trunk highway fund; and $7,368,100 $7,224,300 
the first year and $7,227,700 $7,371,500 the 
second year is from the highway user tax 
distribution fund. 
 The amounts that may be expended from 
this appropriation for each program are 
specified in the following subdivisions 
of this section.  
    Sec. 146.  Laws 1983, chapter 293, section 4, subdivision 
3, is amended to read: 
  Subd. 3.  Emergency Services
   $    878,800  $    784,900
$264,400 the first year and 
$267,300 the second year is for 
nuclear plant preparedness, and 
any unencumbered balance remaining 
in the first year does not cancel 
but is available for the second 
year of the biennium. 
    Sec. 147.  Laws 1983, chapter 293, section 5, is amended to 
read: 
     Sec. 5.  AGRICULTURE
General Operations and Management     14,760,600     13,734,700
     Approved Complement - 453.8
     General - 222.3
     Special/Revolving - 216.5
     Federal - 15
 Of this appropriation, $14,610,400 the 
first year and $13,556,000 the second 
year is from the general fund; and 
$150,200 the first year and $178,700 
the second year is from the special 
revenue fund. 
 The amounts that may be expended from 
this appropriation for each program are 
as follows: 
 Agricultural Protection Service     
     $  3,441,200     $  3,461,300
 Notwithstanding Laws 1981, chapter 356, 
section 23, the commissioner of 
agriculture need transfer from the 
grain inspection account to the general 
fund by June 30, 1983 only the amount 
of the unobligated balance in the 
account not needed to provide working 
capital during the fiscal year ending 
June 30, 1984, as determined by the 
commissioner of finance.  Any amounts 
due under Laws 1981, chapter 356, 
section 23 and not transferred to the 
general fund by June 30, 1983 shall be 
transferred to the general fund by June 
30, 1984.  It is estimated that this 
delay will reduce general fund 
transfers from other funds by $250,000 
for fiscal year 1983. 
Pursuant to Minnesota Statutes, section 
17A.10, the commissioner of agriculture 
shall not initiate any new weigh 
stations until the recommendations of a 
select committee on livestock weighing 
have been received by the legislature.  
The committee shall be made up of three 
members of the house agriculture 
committee appointed by the speaker and 
three members of the senate agriculture 
and natural resources committee 
appointed by the subcommittee on 
committees of the committee on rules 
and administration.  The committee 
shall report no later than January 30,  
1984 promptly appoint weighers to weigh 
livestock at each public stockyard,  
packing plant, slaughtering house,  
buying station, or livestock marketing 
agency where weighers are required by 
law.  
 There is appropriated to the Department 
of Agriculture $10,000 for fiscal year 
1983 for the purpose of implementing a 
gypsy moth control program.  These 
funds are available until expended. 
 Agricultural Promotion Service
     $  5,771,600      $  4,632,000
 $150,200 the first year and $178,700 
the second year is from the commodities 
research and promotion account in the 
special revenue fund. 
 $500,000 the first year and $500,000 
the second year is for the agriculture 
development grant program to be 
expended in accordance with Minnesota 
Statutes, section 17.101.  The 
commissioner shall submit a work 
program and semi-annual progress 
reports to the chairman of the senate 
finance committee and the chairman of 
the house appropriations committee. 
 For the biennium ending June 30, 1985, 
the commissioner of agriculture may 
provide money to assist in the 
implementation of research and 
promotional orders pursuant to 
Minnesota Statutes, sections 17.51 to 
17.69 from the appropriations provided 
for agriculture development grants.  
This money shall be provided in 
accordance with Minnesota Statutes, 
section 17.101. 
 No more than $15,000 may be spent for 
implementing a barley research and 
promotion order. 
 No more than $30,000 may be spent for 
implementing a corn research and 
promotion order. 
 $1,500,000 the first year is for 
transfer to the special family farm 
security program account created by 
Minnesota Statutes, section 41.61, 
subdivision 1, for the purpose of 
paying lenders for defaulted loans. 
 $2,846,200 the first year and 
$3,164,600 the second year is for 
family farm security interest payment 
adjustments.  If the appropriation for 
either year is insufficient, the 
appropriation for the other year is 
available for it. 
 Administration and Financial Aids Service
     $  2,512,400     $  2,553,200
 The appropriation for administration 
and financial aids service includes the 
following amounts for grants to 
agricultural societies and associations:
 (a) For aid to the northeastern 
Minnesota junior livestock show 
association 
     $      1,200     $      1,200
 (b) For aid to Minnesota livestock 
breeders association 
     $     14,200     $     14,200
 (c) For aid to northern sheep growers 
associations 
     $      1,000     $      1,000
 (d) For aid to southern sheep growers 
associations 
     $        400     $        400
 (e) For Red River valley livestock 
associations 
     $      6,000     $      6,000
 The amount appropriated by clause (e) 
shall be disbursed pursuant to 
provisions of Minnesota Statutes, 
section 38.02. 
 (f) For the Red River Valley Dairymen's 
Association, Inc., for the purpose of 
promoting better dairying 
     $      1,200     $      1,200
 Clauses (b), (c), (d), (e), and (f) 
shall be expended under provisions of 
Minnesota Statutes, section 17.07. 
 (g) Aid to county and district 
agricultural societies 
     $    260,200     $    257,600
 Of this amount, $2,600 in fiscal year 
1984 is for reimbursing Morrison County 
for costs incurred in fiscal year 1982; 
 Of the amount appropriated by clause 
(g) $3,800 each year is for livestock 
premiums to county fair associations 
for carrying on boys' and girls' club 
work.  The amount appropriated by 
clause (g) shall be disbursed according 
to Minnesota Statutes, section 38.02. 
 Of the amounts appropriated by clause 
(g), $900 each year shall be available 
for agricultural aid to the Red Lake 
Band of Chippewa Indians, to be 
expended as may be directed by the 
Indian council for the purpose of 
encouraging activities and arts that 
will advance the economic and social 
interest of their people and 
particularly to promote a program of 
agricultural development that will 
utilize to the greatest possible extent 
the lands and forest owned by them.  
This appropriation may be used to help 
maintain an agricultural extension 
service, to promote 4-H club work, or 
for premiums for the competitive 
display of exhibits at any fair or 
exposition that may be arranged under 
the direction of the council. 
 (h) For aid in payment of premiums at 
exhibitions of poultry for the poultry 
associations 
      $      2,800     $      2,800
 Out of the amounts appropriated by 
clause (h) the amount of $827 shall be 
allotted each fiscal year to aid the 
Minnesota state poultry association in 
the payment of premiums and other 
necessary expenses, exclusive of 
salaries or wages of any kind, at its 
annual exhibition. 
 $8,800 the first year and $9,200 the 
second year is for payment of claims 
relating to livestock damaged by 
endangered animal species. 
 If the appropriation for either year is 
insufficient, the appropriation for the 
other year is available for it. 
 The commissioner of agriculture shall 
submit a report to the chairman of the 
house appropriations committee and the 
chairman of the senate finance 
committee by January 15, 1984 outlining 
the costs and benefits of continuing 
the building lease beyond October 30, 
1984. 
 Soil and Water Conservation Board
      $  3,035,400     $  3,088,200
 $420,700 the first year and $420,700 
the second year is for general purpose 
grants in aid to soil and water 
conservation districts. 
 $99,200 the first year and $152,300 the 
second year is for grants to districts 
for technical assistance, education, 
and demonstrations of conservation 
tillage. 
 $198,500 the first year and $198,500 
the second year is for grants to 
watershed districts and other local 
units of government in the southern 
Minnesota river basin study area 2 for 
flood plain management. 
 $1,541,400 the first year and 
$1,541,400 the second year is for 
grants to soil and water conservation 
districts for cost-sharing contracts 
for erosion control and water quality 
management. 
 $158,700 the first year and $158,700 
the second year is for grants in aid to 
soil and water conservation districts 
and local units of government to assist 
them in solving sediment and erosion 
control problems.  Grants shall not 
exceed 50 percent of total project 
costs or 50 percent of the local share 
if federal money is used.  Priority 
shall be given to projects designed to 
solve lakeshore, stream bank, and 
roadside erosion and to projects 
eligible for federal matching money. 
 $12,400 the first year and $12,400 the 
second year is for grants to soil and 
water conservation districts for review 
and comment on water permits. 
 The commissioner of agriculture with 
the approval of the commissioner of 
finance may transfer unencumbered 
balances not specified for a particular 
purpose among the above programs.  
Transfers shall be reported forthwith 
to the committee on finance of the 
senate and the committee on 
appropriations of the house of 
representatives. 
    Sec. 148.  Laws 1983, chapter 293, section 6, is amended to 
read: 
     Sec. 6.  BOARD OF ANIMAL HEALTH
General Operations and Management       1,237,600    1,198,000
     Approved Complement - 35
This appropriation includes $40,000 
$32,600 the first year and $40,000 
$18,000 the second year for payment 
of indemnities.  If the appropriation 
for indemnities for either year is 
insufficient, the appropriation for 
the other year is available for it. 
Indemnities of less than $1 shall not 
be paid.  
 For the biennium ending June 30, 1985, 
the board of animal health may request 
additional funding from the legislative 
advisory commission for the purpose of 
implementing the provisions of a bill 
known as H.F. 512, tentatively coded as 
Minnesota Statutes, section 35.255. 
    Sec. 149.  [JOINT COMMITTEE.] 
    The senate agriculture and natural resources committee and 
the house agriculture committee may form a joint committee to 
oversee agricultural land preservation and soil and water 
conservation activities in the state.  
    Sec. 150.  [APPROPRIATIONS; REDUCTIONS AND TRANSFERS.] 
    Subdivision 1.  The general fund appropriation in Laws 
1983, chapter 293, section 2, subdivision 5(e) for fiscal year 
1985 for state operating assistance grants is reduced by 
$1,084,800 and reappropriated to the commissioner of 
transportation for transfer to the regional transit board.  
    Subd. 2.  The general fund appropriation in Laws 1983, 
chapter 293, section 2, subdivision 6 for fiscal year 1985 for 
transit administration is reduced by $14,700 and reappropriated 
to the commissioner of transportation for transfer to the 
regional transit board.  The approved general complement of the 
department of transportation is reduced by one full-time 
position effective June 30, 1985.  
    Subd. 3.  Notwithstanding any other law to the contrary, 
the metropolitan transit commission shall reduce its support 
staff by 21 full-time positions effective June 30, 1985.  For 
purposes of this subdivision, support staff includes all staff 
other than drivers, mechanics, and security personnel.  
    Subd. 4.  For the biennium ending June 30, 1985, the 
approved complement of the regional transit board may not exceed 
19 full-time positions.  The chairman of the regional transit 
board may, on approval of the board, appoint no more than three 
persons in the unclassified service, not to exceed any other 
statutory complement limitations.  
    The chairman of the regional transit board shall present a 
complete budget and staffing plan to the committees on finance 
in the senate and appropriations in the house by December 1, 
1984.  
    Subd. 5.  The commissioner of finance shall supervise the 
transfer of funds to the regional transit board under 
subdivisions 1 and 2.  If an increase is required in the amount 
appropriated for the operating expenses of the regional transit 
board, the commissioner of finance shall determine the 
appropriate amount and, subject to the provisions of section 
3.30, transfer the required amount from funds made available by 
Laws 1983, chapter 293, section 2, subdivision 5(e).  Questions 
respecting the transfer of programs from the metropolitan 
transit commission or the department of transportation shall be 
resolved by the commissioner of administration in consultation 
with the commissioner of finance.  
    Sec. 151.  [STUDIES; REPORTS.] 
    The regional transit board shall study and report to the 
legislature by February 1, 1985, on the following issues:  
    (1) changes needed in the replacement service and contract 
programs in order to provide greater incentives for cities and 
counties and combinations thereof to design and implement 
service that meets their needs efficiently and effectively; and 
    (2) changes needed in its authority to contract 
indebtedness and to levy property taxes to retire debt.  
    Sec. 152.  [PROGRESS REPORTS.] 
    The regional transit board shall report to the legislature 
by February 1, 1985, on its progress to date in:  
    (1) developing and implementing programs to improve service 
in areas that are not adequately served at present; and 
    (2) preparing and implementing the implementation plan and 
financial plan required by law.  
    Sec. 153.  [REPEALER.] 
    Subdivision 1.  [METROPOLITAN TRANSIT COMMISSION.] 
Minnesota Statutes 1982, sections 174.03, subdivision 5a; 
473.401; 473.402; 473.403; 473.411, subdivision 1; 473.413 as 
amended by Laws 1983, chapter 247, section 160; 473.451, are 
repealed effective August 1, 1984.  Minnesota Statutes 1982, 
sections 174.24, subdivisions 3a and 4; 174.265; and 174.31 are 
repealed July 1, 1985.  
    Subd. 2.  [OTHER.] Minnesota Statutes 1982, sections 167.31;
167.32; 167.33;  167.34; 167.35; 167.36; 167.37; 167.38; 167.39; 
167.42; 167.43;  167.44; 167.521; and 168.27, subdivision 5, are 
repealed.  
    Sec. 154.  [EFFECTIVE DATE.] 
    Except as otherwise provided in this section this act is 
effective the day following final enactment.  Sections 101; 102; 
103; 104; 105; 106; 107; 108; 109; 110; 111; 112; 113; 114; 115; 
116, subdivisions 1, 2, 4, 5, 6, 7, and 8; 117; 118; 119; 120; 
121; 122;  123; 124; and 125, are effective July 1, 1984, in the 
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 
Washington.  Sections 126; 127; 128; 129; 130; 131; 132; 133; 
134; 135; 136; 137; and 138, are effective August 1, 1984, in 
the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 
and Washington.  Sections 63; 64; 65; 66; 67; 68; 69; 70; 71; 
and 72, are effective July 1, l985.  Section 79 is effective 
July 1, 1985, and section 81 is effective January 1, 1986. 
Sections 139 and 140 are effective August 1, 1984 and apply to 
violations committed on or after that date.  

                               ARTICLE 4 

                               EDUCATION 
     Section 1.  DEPARTMENT OF EDUCATION
(a) School Management Services                      1,600,000
 This appropriation is for regional 
computing centers. 
 It is added to the appropriation for 
that purpose in Laws 1983, chapter 258, 
section 2, subdivision 7(b), which is 
reappropriated to the department. 
 As part of the fiscal year 1986-1987 
biennial budget process, the 
commissioner shall, with the assistance 
of the ESV Computer Council, prepare a 
plan for modification of the statutory 
requirement for school district 
affiliation with a regional center.  
This plan shall include recommendations 
for any statutory amendments required 
to implement this change in policy. 
 Notwithstanding Laws 1977, chapter 449, 
section 3, subdivision 2, reimbursement 
of the $50,000 appropriation for 
establishing the Minnesota Occupational 
Information System Revolving Fund is 
not required.  
(b) Special services 
 The $75,000 appropriated to the 
department of education for fiscal year 
1984 for a computer project for 
personnel licensing and placement 
activities may be carried over to 
fiscal year 1985.  
(c) Auxiliary and General Support Services 
 The commissioner of education shall 
maintain no more than seven total state 
complement in the categories of 
commissioner, deputy commissioner, 
assistant commissioner, assistant to 
the commissioner, executive assistant, 
or executive aide.  
(d) State Board Expenses                               57,000
This appropriation is for state 
board of education expenses, services,
contracts, and other needs determined
by it.  The commissioner of education
shall provide accounting, financial, 
and other services without charge to 
the board.  Expenditure of this 
appropriation is subject to the 
approval of the chair of the state 
board of education rather than the 
commissioner of education.  This 
appropriation is added to the 
appropriation for the state board of 
education in Laws 1983, chapter 258, 
section 2, subdivision 8. 
(e) Non-AVTI Adult Vocational Programs                181,000
There is appropriated from the 
general fund to the department of 
education, for fiscal year 1984, the sum 
of $50,000 and, for fiscal year 1985, the 
sum of $131,000 for the operation of 
non-AVTI adult vocational programs.  This 
appropriation shall be added to the sums 
appropriated for fiscal years 1984 and 1985 
for this purpose in Laws 1983, chapter 
314, article 5, section 18, subdivision 7.
     Sec. 2.  STATE BOARD OF 
VOCATIONAL-TECHNICAL EDUCATION                        100,000
This appropriation is added to the 
appropriation in Laws 1983, chapter 
258, section 2, subdivision 4, for the 
implementation of Laws 1983, chapter 
258, sections 56, 57, 58, 59, 60, 61, 
63, and 64. 
 The state board of vocational-technical 
education may carry over any 
unencumbered balance from its 
appropriation from the first year of 
the biennium to the second year of the 
biennium and up to a maximum of two 
percent of its unallocated biennial 
appropriation into the following 
biennium. 
     Sec. 3.  HIGHER EDUCATION 
COORDINATING BOARD
(a) State Scholarship, Nurses Scholarship,
and State Grant-In-Aid                              5,000,000
This appropriation is added to the 
appropriation for the same purpose in 
Laws 1983, chapter 258, section 3, 
subdivision 3. 
 Of the above appropriation, an amount 
not to exceed $75,000 is for osteopathy 
contracts for osteopathy students who 
began their first year of study in the 
fall of 1982.  Those students are to be 
eligible for participation in the 
contract program for their third and 
fourth years of study. 
(b) The Higher Education Coordinating 
Board shall adopt temporary rules 
pursuant to Minnesota Statutes, 
sections 14.29 to 14.36 to implement 
Minnesota Statutes 1983 Supplement, 
section 136A.1701, for the 1984-1985 
academic year.  Notwithstanding 
Minnesota Statutes, section 14.35, the 
temporary rules may be effective until 
permanent rules are adopted or June 30, 
1985, whichever is earlier. 
 (c) Reciprocity 
 A resident of a state which borders 
Minnesota and which did not require 
non-resident tuition for vocational 
technical programs in the 1983-84 
school year, may attend an AVTI in 
Minnesota at Minnesota resident tuition 
rates for the 1984-1985 school year.  
The non-resident must qualify under 
Minnesota law to attend the AVTI as if 
the non-resident were a Minnesota 
resident. 
 The Higher Education Coordinating Board 
shall negotiate an interstate tuition 
reciprocity agreement with all 
bordering states that includes the area 
vocational technical institutes.  If 
agreement cannot be reached on 
reciprocity for the area vocational 
technical institutes, the Board shall 
re-evaluate the entire post-secondary 
reciprocity agreement with that state. 
     Sec. 4.  STATE UNIVERSITY SYSTEM 
 In order to assure conformance with 
legislative intent and cost-effective 
construction, the State University 
Board shall submit the building 
program, schematic plans, and cost 
estimates authorized by the 1984 
Omnibus Capital Improvement Bill styled 
as H.F. 2314 to the Department of 
Finance for comment and recommendations.
     Sec. 5.  UNIVERSITY OF MINNESOTA
(a) Supercomputer Institute                         1,600,000
 This appropriation is for access to 
different types of supercomputers.  
(b) Bio-Technology Center                             200,000
 This appropriation is added to the 
appropriation for the same purpose in 
Laws 1983, chapter 258, section 6, 
subdivision 3(z).  This appropriation 
is available upon submission of 
required documentation that each dollar 
of state money has been matched by two 
dollars of contributions from nonstate 
sources.  
(c) Faculty Retirement                                960,000
This appropriation is added to the 
appropriation for operations and 
maintenance for the University of 
Minnesota in Laws 1983, chapter 258, 
section 6, subdivision 2.  This 
appropriation restores part of the 
reduction in the appropriation to the 
university which occurred in Laws 1982, 
third special session chapter 1, 
article 2, section 2, subdivision 
3(e).  That reduction was intended to 
be a proportionate reduction in 
compensation for academic employees as 
part of the state's overall temporary 
reduction in employer contributions for 
public employee pensions.  
(d) Agricultural Research                             265,000
$125,000 of this appropriation is for 
research concerning growing and 
processing grapes in Minnesota.  These 
funds are to be used to create, expand, 
and facilitate grape research programs 
deemed valuable and appropriate to 
Minnesota-grown wine grapes, table 
grapes, grape juice products, and other 
grape products.  
 The Minnesota Grape Growers Association 
shall form a grape research council to 
advise the University of Minnesota 
about the research to be conducted.  
The grape research council shall be 
made up of seven members of the 
Minnesota Grape Growers Association.  
Four members, designated as grower 
members, must be active grape growers.  
Two members, designated as winery 
members, must be actively engaged in 
the production of Minnesota-regional 
commercial wines.  One member, 
designated as the research member, must 
be actively engaged in either 
institutional or private grape culture 
research.  
This appropriation is added to the 
appropriation in Laws 1983, chapter 
258, section 6, subdivision 3(b).  
(e) China Center                                       75,000
(f) Talented Youth Mathematics 
Program                                                75,000
(g) Underground Space Center                          200,000
(h) Environmental Pathology Laboratory                100,000
(i) The University of Minnesota is 
requested to prepare detailed plans and 
specifications for the Institute of 
Contemporary Retailing.  Such plans and 
specifications may be included in the 
University's 1985 budget request.  
    Sec. 6.  TEACHING ASSISTANTS 
 It is the intent of the legislature 
that the University of Minnesota and 
the state university board address the 
problem of teaching assistants for whom 
English is a second language.  The 
University of Minnesota and the state 
university board shall develop plans 
for ensuring that teaching assistants 
are proficient in speaking, reading, 
and writing the English language as it 
is spoken in the United States.  The 
plans shall be presented to the 
legislature by February 1, 1985.  
 The legislature encourages the 
University of Minnesota and the state 
university system to be sensitive to 
this problem as it may relate to 
faculty members and consult with their 
faculty on methods of addressing it.  
    Sec. 7.  [INTERNATIONAL SCHOOLS OF BUSINESS.] 
    The University of Minnesota and the state university system 
are requested to prepare coordinated, detailed plans and 
specifications for international school of business endeavors; 
such plans and specifications shall be included in the systems 
1985 budget requests.  
    Sec. 8.  [15.0591] [REPRESENTATIVE OF OLDER POPULATION.] 
    Subdivision 1.  [ADDITION OF MEMBERS.] The membership of 
state boards, commissions, advisory councils, task forces, or 
committees listed in subdivision 2 shall include at least one 
member, 60 years of age or over.  At least one of the members 
over 60 shall not be actively engaged in or retired from an 
occupation, profession, or industry, if any, to be regulated.  
    Subd. 2.  [BODIES AFFECTED.] A member meeting the 
qualifications in subdivision 1 shall be appointed to the 
following boards, commissions, advisory councils, task forces, 
or committees:  
    (1) advisory council on battered women;  
    (2) advisory task force on the use of state facilities;  
    (3) alcohol and other drug abuse advisory council;  
    (4) board for community colleges;  
    (5) board of examiners for nursing home administrators;  
    (6) board on aging;  
    (7) cable communications board;  
    (8) chiropractic examiners board;  
    (9) consumer advisory council on vocational rehabilitation; 
    (10) council for the handicapped;  
    (11) council on affairs of Spanish-speaking people;  
    (12) council on black Minnesotans;  
    (13) dentistry board;  
    (14) department of economic security advisory council;  
    (15) higher education coordinating board;  
    (16) housing finance agency;  
    (17) Indian advisory council on chemical dependency;  
    (18) medical examiners board;  
    (19) medical policy directional task force on mental health;
    (20) metropolitan transit commission or its successor;  
    (21) Minnesota emergency employment development task force; 
    (22) Minnesota office of volunteer services advisory 
committee;  
    (23) Minnesota state arts board;  
    (24) mortuary sciences advisory council;  
    (25) nursing board;  
    (26) optometry board;  
    (27) pharmacy board;  
    (28) physical therapists council;  
    (29) podiatry board;  
    (30) psychology board;  
    (31) veterans advisory committee.  
    Sec. 9.  [TEMPORARY.] 
    If a group listed in section 8, subdivision 2, does not 
have a member who meets the qualifications in section 8, 
subdivision 1, on July 1, 1985, such a member shall be appointed 
when a vacancy occurs on or after July 1, 1985.  Section 8 does 
not require the immediate displacement of current members of the 
groups listed in subdivision 2. 
    Sec. 10.  Minnesota Statutes 1982, section 125.031, is 
amended to read: 
    125.031 [LICENSURE, AREA VOCATIONAL-TECHNICAL SCHOOL 
INSTRUCTORS TEACHING LESS THAN SIX 61 HOURS A QUARTER FISCAL 
YEAR.] 
    Notwithstanding section 125.03, subdivision 1, a person who 
teaches in an adult extension vocational-technical education 
program not more than six 61 hours per quarter fiscal year is 
exempt from a license requirement.  
    Sec. 11.  Minnesota Statutes 1983 Supplement, section 
135A.03, subdivision 1, is amended to read:  
    Subdivision 1.  [DETERMINATION OF APPROPRIATION.] The 
appropriation to each board for instructional services shall 
equal the total cost of instruction minus the estimated tuition 
revenue.  For the 1985-1987 biennium the estimated tuition 
revenue should be approximately 33 percent of instructional cost 
for the University of Minnesota, the state university system and 
the community college system, and 25 percent for the area 
vocational-technical institutes.  
    Sec. 12.  Minnesota Statutes 1983 Supplement, section 
135A.03, subdivision 3, is amended to read: 
    Subd. 3.  [DETERMINATION OF STUDENT ENROLLMENT.] Student 
enrollment shall be the full-year equivalent or average daily 
membership enrollment in each instructional category in the 
fiscal year two years before the fiscal year for which the 
appropriations are being made.  Student enrollment for the 
purpose of calculating appropriations for the second year of the 
biennium may be estimated on the basis of the fall enrollment 
latest enrollment data available.  Student enrollment shall 
exclude include students enrolled during a summer session, 
except when the instructional program is provided during the 
entire calendar year in courses that award credit or otherwise 
satisfy any of the requirements of an academic or vocational 
program. 
    Sec. 13.  Minnesota Statutes 1983 Supplement, section 
135A.03, subdivision 4, is amended to read: 
    Subd. 4.  [DETERMINATION OF AVERAGE COST OF INSTRUCTION.] 
(a) The average cost of instruction shall include direct 
instructional costs and other costs necessary to provide 
instruction, such as fees, facilities, administration, and 
support.  The average cost of instruction shall not include 
summer session costs, except when the instructional program is 
provided during the entire calendar year only those costs 
attributable to academic or vocational programs.  
    (b) Every biennium each board shall submit by December 1, 
1983, its the average cost of instruction for each instructional 
category for the 1984 fiscal year.  Annually thereafter by 
December 1, each board shall submit the average cost of 
instruction for each instructional category as necessary to 
determine appropriations.  The information shall be submitted to 
the commissioner of finance as part of their biennial budget 
request. 
    Sec. 14.  Minnesota Statutes 1982, section 136.11, 
subdivision 2, is amended to read:  
    Subd. 2.  [FEES CHARGEABLE.] In addition thereto student 
activity fees shall be charged at the state universities not to 
exceed $15 per quarter, and in the model schools, not to exceed 
$5 per quarter.  The state university board may also prescribe 
fees to be charged students for student unions, university 
activities, functions, and purposes.  All fees received are 
appropriated to the board for the purposes for which they are 
charged. 
    Sec. 15.  Minnesota Statutes 1982, section 136.11, 
subdivision 7, is amended to read: 
    Subd. 7.  [STUDENT HEALTH SERVICE.] The state university 
board shall establish a offer health service services for 
students at each state university for its students and.  The 
health services may be offered either on campus or in the 
community nearby.  The Board may charge each student a health 
service fee in an amount not exceeding $75 per year.  The 
proceeds of the fee shall be used to maintain the health service 
and equip and construct facilities for it.  Proceeds of the fee 
may be used to contract for health, medical and hospitalization 
insurance for the students.  The proceeds of the fees shall be 
deposited in the university activity fund and are annually 
appropriated to the state university board for the purposes of 
this subdivision. 
    Sec. 16.  Minnesota Statutes 1983 Supplement, section 
136.144, is amended to read: 
    136.144 [PROMOTION OF UNIVERSITY; ACCEPTANCE OF GIFTS.] 
    The board may receive and accept on behalf of the state and 
for the state universities any gift, bequest, devise, endowment, 
or grant in the form of cash which any person, firm, 
corporation, association, or governmental agency may make to the 
board by will, deed, gift, or otherwise to carry out the 
purposes of section 136.143.  Unless otherwise so expressed in 
the terms of the gift, bequest, devise, endowment, or grant, 
moneys so received are not subject to the laws requiring 
budgeting, allotment, and encumbrance as provided in chapter 
16A, or otherwise.  These moneys shall be deposited in the state 
treasury and are appropriated to the board for use according to 
this section.  These moneys shall not be taken into account in 
determining appropriations or allocations.  
    Sec. 17.  [136.26] [STATE UNIVERSITY VENDING CONTRACTS.] 
    Notwithstanding any other law to the contrary, the state 
university system will award contracts for vending machine 
services to the vendor who offers the highest commission rate to 
a state university, all other factors being substantially equal. 
    Sec. 18.  Minnesota Statutes 1982, section 136.506, is 
amended to read: 
    136.506 [FUNDS, TREASURER'S DUTIES AUTHORITY OF BOARD.] 
    The state treasurer university board is appointed custodian 
of all funds received from the federal government under sections 
136.501 to 136.507 and is charged with the duty and 
responsibility of receiving and providing for the proper custody 
and proper disbursement of money paid to the state and the 
appropriations made for such purpose. 
    Sec. 19.  Minnesota Statutes 1982, section 136.55, 
subdivision 2, is amended to read: 
    Subd. 2.  All amounts so allocated shall be deposited in an 
annuity account which is hereby established in the state 
treasury by the state university board.  There is annually 
appropriated from the annuity account in the state treasury to 
the state university board all moneys deposited therein for the 
Payment of annuity premiums shall be made when due or for other 
application in accordance with the salary agreement entered into 
between the employee and the state university board.  The moneys 
in the annuity account in the state treasury are not subject to 
the budget, allotment, and incumbrance system provided for in 
chapter 16A, and any act amendatory thereof. 
    Sec. 20.  Minnesota Statutes 1982, section 136A.02, 
subdivision 1a, is amended to read: 
    Subd. 1a.  The term of each board member shall be six 
years.  The membership terms of membership, compensation, 
removal of members, and filling of vacancies on the board shall 
be as provided in section 15.0575. 
    Sec. 21.  Minnesota Statutes 1983 Supplement, section 
136A.121, subdivision 2, is amended to read: 
    Subd. 2.  [ELIGIBILITY FOR GRANTS-IN-AID.] An applicant 
shall be eligible to be considered for a grant-in-aid, 
regardless of the applicant's sex, creed, race, color, national 
origin, or ancestry, under the provisions of sections 136A.09 to 
136A.131 if the board finds that applicant: 
    (1) is a resident of the state of Minnesota; 
    (2) is a graduate of a secondary school or its equivalent, 
or is 17 years of age or over, and has met all requirements for 
admission as a full-time student to an eligible college or 
vocational school of his choice as defined in sections 136A.09 
to 136A.131 or has completed at least one academic year of study 
at a two-year institution and seeks transfer to a four-year 
eligible institution; 
    (3) has met such criteria pertaining to financial need as 
the board shall make by regulation. 
    Sec. 22.  Minnesota Statutes 1983 Supplement, section 
136A.26, is amended to read:  
    136A.26 [MEMBERSHIPS; OFFICERS; COMPENSATION; REMOVAL.] 
    Subdivision 1.  [MEMBERSHIP.] The Minnesota higher 
education facilities authority shall consist of six eight 
members appointed by the governor with the advice and consent of 
the senate, and the executive director of the Minnesota higher 
education coordinating board.  The executive director of the 
coordinating board may designate a member of the director's 
staff to sit in the director's place as a member of the 
authority.  
    All members to be appointed by the governor shall be 
residents of the state.  At least two members must reside 
outside the metropolitan area as defined in section 473.121, 
subdivision 2.  At least one of the members shall be a person 
having a favorable reputation for skill, knowledge, and 
experience in the field of state and municipal finance; and at 
least one shall be a person having a favorable reputation for 
skill, knowledge, and experience in the building construction 
field; and at least one of the members shall be a trustee, 
director, officer, or employee of an institution of higher 
education. 
    Subd. 1a.  [PRIVATE COLLEGE COUNCIL MEMBER.] The chief 
executive officer of the Minnesota private college council shall 
serve, without compensation, as an advisory, nonvoting member of 
the authority.  
    Subd. 2.  [TERM; COMPENSATION; REMOVAL.] The membership 
terms, compensation, removal of members, and filling of 
vacancies for authority members other than the executive 
director of the higher education coordinating board or the 
director's designee, and the chief executive officer of the 
private college council, shall be as provided in section 15.0575.
    Sec. 23.  Minnesota Statutes 1982, section 136A.32, 
subdivision 7, is amended to read: 
    Subd. 7.  The authority may invest any bond proceeds, 
sinking funds or reserves in any general obligation of the 
United States, the state of Minnesota or any of its 
municipalities and in securities issued by the following 
agencies of the United States: Federal Home Loan Banks, Federal 
Intermediate Credit Banks, Federal Land Banks, Federal National 
Mortgage Association, Government National Mortgage Association, 
and Banks for Cooperatives securities authorized for investment 
of debt service funds of municipalities pursuant to section 
475.66, subdivision 3, including securities described in section 
475.67, subdivision 8.  In addition, such bond proceeds, sinking 
funds and reserves may be 
    (1) deposited in time deposits of any state or national 
bank subject to the limitations and requirements of chapter 118, 
or 
    (2) invested in repurchase agreements with, providing for 
the repurchase of securities described in the preceding sentence 
by, a bank qualified as a depository of money of the authority, 
a national or state bank in the United States that is a member 
of the federal reserve system and whose combined capital and 
surplus equals or exceeds $10,000,000, or a reporting dealer to 
the federal reserve bank of New York.  Power to make any such 
investment or deposit is subject to the provisions of any 
applicable covenant or restriction in a resolution or trust 
agreement of the authority. 
    Sec. 24.  Minnesota Statutes 1982, section 136A.81, 
subdivision 1, is amended to read:  
    Subdivision 1.  [FEES AND TUITION.] Except for an 
administration fee of $6 a credit hour, to be collected only 
when a course is taken for credit, a senior citizen who is a 
legal resident of Minnesota is entitled without payment of 
tuition or activity fees to attend courses offered for credit, 
audit any courses offered for credit, or enroll in any noncredit 
adult vocational education courses in any state supported 
institution of higher education in Minnesota when space is 
available after all tuition-paying students have been 
accommodated.  For the purposes of sections 136A.80 and 136A.81, 
the term "noncredit adult vocational education courses" shall 
not include those adult vocational education courses designed 
and offered specifically and exclusively for senior citizens.  
    The provisions of section 136A.80 and 136A.81 do not apply 
to noncredit courses designed and offered by the University of 
Minnesota, the state university system, the community college 
system, and the area vocational-technical institutes 
specifically and exclusively for senior citizens.  Senior 
citizens enrolled under the provisions of sections 136A.80 and 
136A.81 shall not be included by such institutions in their 
computation of full time equivalent students when requesting 
staff or appropriations.  The enrollee shall pay laboratory or 
material fees. 
    Sec. 25.  Minnesota Statutes 1982, section 169.966, 
subdivision 1a, is amended to read: 
    Subd. 1a.  The state university board may establish rents, 
charges or fees in an amount not to exceed $1 per vehicle per 
day for the use of parking facilities owned, leased, occupied, 
or operated by the state university board.  The money collected 
by the board as rents, charges or fees in accordance with this 
subdivision shall be deposited in the university activity fund 
and is annually appropriated to the state university board for 
state university purposes and to maintain and operate parking 
lots and parking facilities. 
    Sec. 26.  Minnesota Statutes 1982, section 169.966, is 
amended by adding a subdivision to read: 
    Subd. 8.  [DELEGATION.] The state university board may 
delegate its responsibilities under this section to a state 
university president.  Actions of the president shall be 
presumed to be those of the board.  The university president 
shall file with the board president the results of any public 
hearings and the subsequent adoption of any proposed rule, 
regulation, or ordinance enacted pursuant thereto.  
    Sec. 27.  [FUND TRANSFER AUTHORIZATION.] 
    Subdivision 1.  [INDEPENDENT SCHOOL DISTRICT NO. 573.] 
Notwithstanding any law to the contrary, by June 30, 1984, 
Independent School District No. 573, Hinckley, may permanently 
transfer up to $900,000 from its general fund to its capital 
expenditure fund to provide partial funding for energy 
conservation, computer and other technological expansion, for 
facilities for a computer networking system, and to remodel and 
construct an addition to the elementary school.  
    Subd. 2.  [LOCAL APPROVAL.] Subdivision 1 is effective the 
day after compliance by the school board of Independent School 
District No. 573 with Minnesota Statutes, section 645.021, 
subdivision 3.  
    Sec. 28.  [FUND TRANSFER AUTHORIZATION.] 
    Subdivision 1.  [INDEPENDENT SCHOOL DISTRICT NO. 4.] 
Notwithstanding any law to the contrary, for the school year 
1984-1985 Independent School District No. 4, McGregor, may 
permanently transfer an amount not to exceed $800,000 from the 
general fund to the capital expenditure fund for the purpose of 
fire safety and energy conservation expenditures and school 
building betterment.  
    Subd. 2.  [NO LOCAL APPROVAL.] Pursuant to section 645.023, 
subdivision 1, clause (a), subdivision 1 is effective without 
local approval the day following final enactment.  
    Sec. 29.  [EFFECTIVE DATE; APPLICATION.] 
    This article is effective the day following final enactment.
Section 20 applies to members of the higher education 
coordinating board appointed following enactment of this act.  
    Sec. 30.  [REPEALER.] 
    Minnesota Statutes 1982, sections 136.11, subdivision 6; 
and 136A.133, are repealed. 

                                ARTICLE 5

                       HEALTH AND HUMAN SERVICES 
     Section 1.  COMMISSIONER OF 
PUBLIC WELFARE 
The commissioner of public welfare 
shall phase in a change in departmental 
designation from "welfare" to "human 
services."  To the extent possible, the 
commissioner shall exhaust existing 
forms and supplies and otherwise 
minimize the cost and disruption of the 
change. 
The state share of money received under 
the state and local fiscal assistance 
act, known as the general revenue 
sharing program, shall be deposited in 
the medical assistance account and the 
state appropriation shall be reduced by 
a like amount. 
(a) Implementation of Changes to the
Long-Term Care Reimbursement System                    64,000
(b) Nursing Home Audits                                70,000
 The appropriations listed in (a) and 
(b) are added to the appropriation in 
Laws 1983, chapter 312, article 1, 
section 2, subdivisions 1 and 3. 
(c) Title XX correction                             1,666,000
 For the purpose of distribution to 
counties named in this clause as their 
final portion of title XX money for 
federal fiscal years 1980, 1981, and 
1982.  Notwithstanding the provisions 
of section 256E.07, these moneys shall 
be allocated by the commissioner as 
follows: 
         Aitkin            $ 24,297
         Carlton             13,048
         Carver              15,378
         Clearwater          17,026
         Cook                 3,989
         Hennepin           859,760
         Kanabec              6,936
         Kittson              2,484
         Koochiching         12,880
         Lake                   916
         LeSueur                703
         Mahnomen             1,726
         Pine                25,647
         Pope                 2,213
         Ramsey             374,137
         Red Lake             1,993
         St. Louis          300,775
         Wright               2,345
 Acceptance by a county of the amount 
specified in this clause constitutes an 
agreement that, for federal fiscal 
years 1980, 1981, and 1982, full and 
final payment of title XX money has 
been received of the state. 
(d) Child Day Care Sliding Fee                      1,500,000
(e) Hearing Impaired Telecommunications                50,000
 The appropriations listed in (c), (d), 
and (e) are added to the appropriation 
in Laws 1983, chapter 312, article 1, 
section 2, subdivisions 1 and 4. 
(f) Medical Assistance
Demonstration Projects                                589,000
 $49,000 of this sum shall be used to 
fund two staff positions, only one of 
which is to be classified, and the 
related administrative support costs to 
administer the Medicaid Prepayment 
Demonstration Project and the Social 
HMO Project, authorized by Minnesota 
Statutes, sections 256B.69 and 256B.71. 
 Notwithstanding Minnesota Statutes 1983 
Supplement, section 256B.69, 
subdivision 3, the demonstration 
project geographic areas may include 
one urban, one suburban, and at least 
one rural county or some combination of 
suburban and rural counties. 
 $270,000 of this sum shall be used to 
make grants to counties for 
administrative expenses incurred by 
counties participating in the 
demonstration projects.  
 $270,000 of this sum is available only 
with the approval of the governor after 
consultation with the legislative 
advisory commission contingent on a 
finding by the commissioner of public 
welfare that the additional 
administrative costs are in fact being 
incurred by the participating counties. 
(g) The temporary rules required to 
implement section 256B.501, subdivision 
3, shall not be deemed invalid because 
of the commissioner's failure to 
promulgate them by October 1, 1983. 
(h) General Assistance                              7,741,000
(i) Fiscal Analysis Services                           97,000
(j) Implementation of Health Care
Policies                                               70,000
This appropriation shall be reduced if 
federal administrative reimbursement 
received is less than $35,000. 
 Any unexpended balance remaining in the 
appropriation authorized by Laws 1983, 
chapter 199, section 20, does not 
cancel but is available for the second 
year of the biennium.  
(k) Chronically Ill Children Waiver                    35,000
(l) Community-based Services for 
Disabled Persons under Age 65                          18,000
 The appropriations in (f), (h), (i), 
(j), (k), and (l) are added to the 
appropriation in Laws 1983, chapter 
312, article 1, section 2, subdivisions 
1 and 5. 
(m) American Indian Chemical
Dependency Services                                   200,000
(n) Lakeside Chemical Dependency Center               250,000
 Notwithstanding Laws 1983, chapter 312, 
article 1, section 2, subdivision 6, or 
any other law to the contrary, the 
commissioner of welfare shall augment 
the program with federal money and any 
additional money provided through 
shared service agreements, pursuant to 
Minnesota Statutes, section 246.57, 
after the amount of the state 
appropriation has been recovered and 
deposited in the general fund.  General 
fund expenditures shall not exceed the 
amount of service charges recovered.  
Program expenditures in excess of 
recoveries shall be funded with money 
received under the federal alcohol, 
drug abuse, and mental health block 
grant. 
 The commissioner shall maintain records 
of the operations of this project, 
evaluate the efficiency and 
effectiveness of the treatment program, 
and report back to the legislature 
during the 1985 session on the amount 
deposited to the general fund from the 
shared service agreements and the 
necessity and viability of operating 
this project in the future. 
(o) Mash-Ka-Wisen Treatment Facility                      200,000
(p) Facilities for Adult Mentally Ill                   2,217,000
 This appropriation is for grants to 
counties to upgrade residential 
facilities serving adult mentally ill 
persons as authorized by Minnesota 
Statutes, section 245.73. 
 (q) Study of Services for Mentally Ill
Persons                                                    56,700
By January 1985 the commissioner of 
public welfare shall report to the 
legislature on each county's available 
services for the mentally ill.  This 
report shall include a description of 
each service, the number of clients 
served, the cost of services, and 
whether purchased or provided directly 
by the county.  
 Additionally, this report shall include 
these provisions, developed in 
consultation with counties, mental 
health service providers, mental health 
advocacy groups, and other appropriate 
professionals as follows:  
 (1) a description and definition of 
services for mentally ill persons which 
comprise a comprehensive array of 
preventive, supportive and 
rehabilitative services, including 
residential arrangements;  
 (2) recommendations specifying a 
minimum capability which should be made 
available by counties for mentally ill 
persons;  and 
 (3) specific recommendations designed 
to improve the quality of and access to 
services provided by the counties for 
mentally ill persons, including the 
administrative and program costs of 
each recommendation.  
 These recommendations shall be 
developed within the framework of 
Minnesota Statutes, chapter 256E.  
 The appropriations in (m), (n), (o), 
(p), and (q) are added to the 
appropriation in Laws 1983, chapter 
312, article 1, section 2, subdivisions 
1 and 6. 
(r) The commissioner of welfare may add:
eight positions to the support services 
complement for rulemaking purposes and 
for long-term care rates determination; 
one position to the social services 
complement for adult services; and one 
position to the income maintenance 
complement for administering 
community-based waivered services for 
chronically ill children.  The 
commissioner may also transfer the 
necessary funds from supplies and 
expense and other nonsalary resources 
to finance these positions. 
 (s) Any federal money received in 
excess of the estimates shown in the 
1983 department of public welfare 
budget document shall, unless otherwise 
prohibited by federal law, be used to 
directly reduce state appropriations 
for the same or similar purposes, 
unless otherwise directed by the 
governor, after he has consulted with 
the legislative advisory commission. 
(t) Intermediate Care Facility Bed Reduction
Study                                                  45,000
 The commissioner of public welfare 
shall study alternatives for the 
development of a statewide facility bed 
reduction plan for intermediate care 
facilities for the mentally retarded.  
 In this study, the commissioner shall 
consider mechanisms for encouraging 
facilities to voluntarily decertify 
beds and for enabling facilities to 
provide alternative or waivered 
services for residents affected by the 
reduction.  
 In addition, the commissioner shall:  
 (a) propose relocation plans for 
affected residents;  
 (b) analyze the effect on facility per 
diem rates that may result from any bed 
reductions;  
 (c) examine financing alternatives 
designed to facilitate reductions in 
bed capacity or conversions to waivered 
services.  
 This study shall be presented to the 
legislature by January 1, 1985.  
     Sec. 2.  COMMISSIONER OF
ECONOMIC SECURITY
(a) Jobs Program                      30,000,000
 Any unexpended balance remaining in the 
first year does not cancel and shall be 
available for the second year.  
 This appropriation is added to the 
appropriation in Laws 1983, chapter 
312, article 1, section 3, subdivisions 
1 and 2.  
 None of this appropriation may be 
encumbered after May 31, 1985.  
 Any unexpended and unencumbered balance 
cancels December 31, 1985.  To the 
extent permissible under federal and 
state law, the commissioner shall use 
money from the federal government and 
the private sector to fund the program. 
(b) Minnesota Emergency Employment
Development - Special Allowances       4,394,000   15,436,000
 This appropriation is added to the 
appropriation in Laws 1983, chapter 
312, article 1, section 3, subdivisions 
1 and 3. 
If the appropriation for either year is 
insufficient, the appropriation for the 
other year is available. 
(c) Vocational Rehabilitation Services 
For Injured Workers                                   128,600
 This appropriation is to provide 
funding for three positions.  The 
commissioner of economic security may 
add six additional positions for 
vocational rehabilitation services and 
transfer the necessary funding for 
these positions from the basic client 
services activity to the workers' 
compensation activity.  This 
appropriation is added to the 
appropriation in Laws 1983, chapter 
312, article 1, section 3, subdivisions 
1 and 5. 
(d) Temporary Housing Demonstration Program           250,000
     Sec. 3.  COMMISSIONER OF CORRECTIONS
(a) County Probation Services                         137,700
This appropriation is added to the 
appropriation in Laws 1983, chapter 
312, article 1, section 4, subdivisions 
1 and 4. 
(b) Crime Victim Centers                               15,000
 This appropriation is added to the 
appropriation in Laws 1983, chapter 
312, article 1, section 4, subdivision 
4. 
(c) $20,000 of the appropriation for 
Victims of Sexual Assault, Laws 1983, 
chapter 312, article I, section 4, 
subdivision 4, for fiscal year 1984, 
does not cancel but is available until 
June 30, 1985.  
     Sec. 4.  COMMISSIONER OF HEALTH
(a) Epidemiologic Feasibility Study                    93,000
 This appropriation is added to the 
appropriation in Laws 1983, chapter 
312, article 1, section 7, subdivisions 
1 and 2, to determine the feasibility 
of full scale epidemiologic studies 
related to health effects of 
contaminated drinking water in New 
Brighton and St. Louis Park.  To the 
extent possible, the commissioner of 
health shall contract for services with 
the University of Minnesota when 
performing the feasibility study.  2.2 
positions are authorized as temporary 
personnel. 
(b) Health Manpower Credentialing                     100,000
 This appropriation is added to the 
appropriation in Laws 1983, chapter 
312, article 1, section 7, subdivisions 
1 and 3.  
     Sec. 5.  STATE PLANNING AGENCY    
State Hospital Plan                         50,000    200,000 
 The director of the state planning 
agency may increase the approved 
complement by two positions.  Any 
unexpended balance remaining the first 
year does not cancel and shall be 
available for the second year. 
    Sec. 6.  CONTINGENT FOR STATE INSTITUTIONS 
Cancellation of Contingent Account           (500,000)
 The appropriation in Laws 1983, chapter 
312, article 1, section 9 is cancelled. 
     Sec. 7.  Minnesota Statutes 1983 Supplement, section 
116J.70, subdivision 2a, is amended to read: 
    Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
"license" does not include the following: 
    (1) Any occupational license issued by a licensing board 
listed in section 214.01 or any occupational registration issued 
by the commissioner of health pursuant to section 214.13; 
    (2) Any license issued by a county, home rule charter city, 
statutory city, township or other political subdivision; 
    (3) Any license required to practice the following 
occupation regulated by the following sections: 
    (a) Abstracters regulated pursuant to chapter 386; 
    (b) Accountants regulated pursuant to chapter 326; 
    (c) Adjusters regulated pursuant to chapter 72B; 
    (d) Architects regulated pursuant to chapter 326; 
    (e) Assessors regulated pursuant to chapter 270; 
    (f) Attorneys regulated pursuant to chapter 481; 
    (g) Auctioneers regulated pursuant to chapter 330; 
    (h) Barbers regulated pursuant to chapter 154; 
    (i) Beauticians regulated pursuant to chapter 155; 
    (j) Boiler operators regulated pursuant to chapter 183; 
    (k) Chiropractors regulated pursuant to chapter 148; 
    (l) Collection agencies regulated pursuant to chapter 332; 
    (m) Cosmetologists regulated pursuant to chapter 155; 
    (n) Dentists and dental hygienists regulated pursuant to 
chapter 150A; 
    (o) Detectives regulated pursuant to chapter 326; 
    (p) Electricians regulated pursuant to chapter 326; 
    (q) Embalmers regulated pursuant to chapter 149; 
    (r) Engineers regulated pursuant to chapter 326; 
    (s) Insurance brokers and salespersons regulated pursuant 
to chapter 60A; 
    (t) Midwives regulated pursuant to chapter 148; 
    (u) Morticians regulated pursuant to chapter 149; 
    (v) Nursing home administrators regulated pursuant to 
chapter 144A; 
    (w) Optometrists regulated pursuant to chapter 148; 
    (x) Osteopathic physicians regulated pursuant to chapter 
147; 
    (y) Pharmacists regulated pursuant to chapter 151; 
    (z) Physical therapists regulated pursuant to chapter 148; 
    (aa) Physicians and surgeons regulated pursuant to chapter 
147; 
    (bb) Plumbers regulated pursuant to chapter 326; 
    (cc) Podiatrists regulated pursuant to chapter 153; 
    (dd) Practical nurses regulated pursuant to chapter 148; 
    (ee) Professional fundraisers regulated pursuant to chapter 
309; 
    (ff) Psychologists regulated pursuant to chapter 148; 
    (gg) Real estate brokers, salespersons and others regulated 
pursuant to chapters 82 and 83; 
    (hh) Registered nurses regulated pursuant to chapter 148; 
    (ii) Securities brokers, dealers, agents and investment 
advisers regulated pursuant to chapter 80A; 
    (jj) Steamfitters regulated pursuant to chapter 326; 
    (kk) Teachers and supervisory and support personnel 
regulated pursuant to chapter 125; 
    (ll) Veterinarians regulated pursuant to chapter 156; 
    (mm) Watchmakers regulated pursuant to chapter 326; 
    (nn) Water conditioning contractors and installers 
regulated pursuant to chapter 326; 
    (oo) Water well contractors regulated pursuant to chapter 
156A; 
    (pp) Water and waste treatment operators regulated pursuant 
to chapter 115; 
    (qq) Motor carriers regulated pursuant to chapter 221;  
    (4) Any driver's license required pursuant to chapter 171; 
    (5) Any aircraft license required pursuant to chapter 360; 
    (6) Any watercraft license required pursuant to chapter 361;
    (7) Any license, permit, registration, certification, or 
other approval pertaining to a regulatory or management program 
related to the protection, conservation, or use of or 
interference with the resources of land, air or water, which is 
required to be obtained from a state agency or instrumentality; 
and 
    (8) Any pollution control rule or standard established by 
the pollution control agency or any health rule or standard 
established by the commissioner of health or any licensing rule 
or standard established by the commissioner of public welfare. 
    Sec. 8.  Minnesota Statutes 1983 Supplement, section 
144.651, subdivision 9, is amended to read:  
    Subd. 9.  [INFORMATION ABOUT TREATMENT.] Patients and 
residents shall be given by their physicians complete and 
current information concerning their diagnosis, treatment, 
alternatives, risks, and prognosis as required by the 
physician's legal duty to disclose.  This information shall be 
in terms and language the patients or residents can reasonably 
be expected to understand.  Patients and residents may be 
accompanied by a family member or other chosen representative. 
This information shall include the likely medical or major 
psychological results of the treatment and its alternatives.  In 
cases where it is medically inadvisable, as documented by the 
attending physician in a patient's or resident's medical record, 
the information shall be given to the patient's or resident's 
guardian or other person designated by the patient or resident 
as his or her representative.  Individuals have the right to 
refuse this information.  
    Every patient or resident suffering from any form of breast 
cancer shall be fully informed, prior to or at the time of 
admission and during her stay, of all alternative effective 
methods of treatment of which the treating physician is 
knowledgeable, including surgical, radiological, or 
chemotherapeutic treatments or combinations of treatments and 
the risks associated with each of those methods.  
    Sec. 9.  Minnesota Statutes 1982, section 214.001, 
subdivision 2, is amended to read: 
    Subd. 2.  [CRITERIA FOR REGULATION.] The legislature 
declares that no regulation shall hereafter be imposed upon any 
occupation unless required for the safety and well being of the 
citizens of the state.  In evaluating whether an occupation 
shall hereafter be regulated, the following factors shall be 
considered: 
    (a) Whether the unregulated practice of an occupation may 
harm or endanger the health, safety and welfare of citizens of 
the state and whether the potential for harm is recognizable and 
not remote; 
    (b) Whether the practice of an occupation requires 
specialized skill or training and whether the public needs and 
will benefit by assurances of initial and continuing 
occupational ability; and 
    (c) Whether the citizens of this state are or may be 
effectively protected by other means; and 
    (d) Whether the overall cost effectiveness and economic 
impact would be positive for citizens of the state. 
    Sec. 10.  Minnesota Statutes 1983 Supplement, section 
214.06, subdivision 1, is amended to read: 
    Subdivision 1.  Notwithstanding any law to the contrary, 
the commissioner of health as authorized by section 214.13, all 
health related licensing boards and all nonhealth related 
licensing boards shall by rule, with the approval of the 
commissioner of finance, adjust any fee which the commissioner 
of health or the board is empowered to assess a sufficient 
amount so that the total fees collected by each board will as 
closely as possible equal anticipated expenditures during the 
fiscal biennium, as provided in section 16A.128.  
For members of an occupation registered after July 1, 1984 by 
the commissioner of health under the provisions of section 
214.13, the fee established must include an amount necessary to 
recover, over a five year period, the commissioner's direct 
expenditures for adoption of the rules providing for 
registration of members of the occupation.  All fees received 
shall be deposited with the state treasurer and credited to the 
general fund. 
    Sec. 11.  Minnesota Statutes 1982, section 214.13, 
subdivision 1, is amended to read: 
    Subdivision 1. [APPLICATION FOR CREDENTIAL.] The 
commissioner of health shall promote the recognition of human 
services occupations useful in the effective delivery of human 
services.  The commissioner shall coordinate the development of 
a credentials policy among the health related licensing boards 
consistent with section 214.001.  The commissioner shall, 
consistent with section 214.001, establish procedures for the 
identification of human services occupations not now 
credentialed by the state, recommend appropriate regulatory 
modes, and promulgate by rule standards and procedures relating 
to the credentialing of persons practicing in the affected 
occupations.  At the time of submission of a letter of intent to 
enter the credentialing process, an occupational applicant group 
shall pay a fee of $1,000 to the commissioner.  The fee is 
nonrefundable and must be deposited with the state treasurer and 
credited to the general fund.  The commissioner may require an 
occupational applicant group to submit information relating to, 
and to recommend and justify regulatory modes and standards 
consistent with, the provisions of section 214.001.  If the 
commissioner determines that credentialing of an occupation is 
appropriate, the commissioner is empowered only to register the 
occupation. Before promulgating any rules resulting in 
registration for an occupation the commissioner shall consult 
with state boards or agencies charged with regulating similar 
occupations in order to define the scope and range of practice 
for the registered occupation and the degree of supervision 
required.  As used in this section and section 214.14, 
registration shall be is defined as in section 214.001, 
subdivision 3, clause (c). 
    Sec. 12.  Minnesota Statutes 1982, section 214.13, 
subdivision 2, is amended to read: 
    Subd. 2. [OTHER AGENCY'S COMMENT.] Before promulgating any 
rules regulating a specific occupation under this section, the 
commissioner shall determine whether a substantial number of 
persons in that occupation will be employed by an employer who 
is regulated by or funded through another state agency.  If the 
commissioner so determines, then he must submit the proposed 
rules to the head or governing board of that agency for review 
and approval comment.  The agency shall review the rules to 
insure compliance with laws which are administered or enforced 
by that agency.  The rules must have received the approval of 
that agency before promulgation Agency comment shall be 
forwarded to the commissioner within 90 days of receiving the 
proposed rules.  After receipt of agency comment, the 
commissioner may proceed to promulgate the rules.  
    Sec. 13.  Minnesota Statutes 1982, section 214.13, 
subdivision 3, is amended to read: 
    Subd. 3. [RULES; EFFECT; REPORT.] Rules promulgated by the 
commissioner pursuant to subdivision 1 may include procedures 
and standards relating to the registration requirement, the 
scope of authorized practice, fees, supervision required, 
continuing education, career progression and disciplinary 
matters.  These rules shall not be in conflict with provisions 
of chapter 214 and Laws 1976, Chapter 222, Sections 1 to 7.  
Notwithstanding any law to the contrary, persons registered 
under the authority of the rules promulgated by the commissioner 
shall not, for a period of four years after the effective date 
of the rules, be subject to any action by a health related 
licensing board for violation of the board's laws or rules 
provided the person's practice or conduct is recognized by the 
rules promulgated by the commissioner.  Three years after the 
effective date of the commissioner's rules, the commissioner 
shall make a report to the legislature on the usefulness of the 
new occupational group, any problems encountered in 
administering the regulation of the group, and any necessary 
statutory changes recommended to continue, discontinue, or 
modify the regulation of the group.  
    Sec. 14.  Minnesota Statutes 1983 Supplement, section 
214.13, subdivision 4, is amended to read: 
    Subd. 4.  The commissioner of health shall wherever 
possible delegate the administration of regulation activities to 
a health related licensing board with the concurrence of that 
board.  If the commissioner of health delegates this function, 
the licensing board shall may regularly bill the commissioner of 
health for the cost of performing this function the licensing 
board may directly set and charge fees in accordance with the 
provisions of section 214.06.  The commissioner of health may 
establish an advisory task force council to advise him or the 
appropriate health related licensing board on matters relating 
to the registration and regulation of an occupation.  A task 
force council shall have seven members appointed by the 
commissioner of which five are members of the registered 
occupation or related registered or licensed occupations, and 
two are public members.  A task force council shall expire, and 
the terms, compensation and removal of members shall be as 
provided in section 15.059. 
    Sec. 15.  Minnesota Statutes 1982, section 214.13, 
subdivision 5, is amended to read: 
    Subd. 5.  [RECOMMENDATION ON REGULATION; APPLICATION 
RENEWAL.] The commissioner of health shall exercise care to 
prevent the proliferation of unessential registered human 
services occupations.  If in evaluating a currently unregistered 
occupation the commissioner determines that registration of the 
occupation is not appropriate, but that implementation of 
another mode as set forth in section 214.001, subdivision 3, is 
appropriate the commissioner shall promptly so report to the 
legislature.  For a period of two years after a determination by 
the commissioner as to the appropriate regulatory mode, if any, 
for an occupational applicant group, the same or substantially 
equivalent group may not submit a letter of intent to enter the 
credentialing process, unless invited to do so by the 
commissioner.  
    Sec. 16.  [214.141] [ADVISORY COUNCIL; MEMBERSHIP.] 
    There is established a human services occupations advisory 
council to assist the commissioner of health in formulating 
policies and rules pursuant to section 214.13.  The commissioner 
shall determine the council's duties and shall establish 
procedures for its proper functioning, including, but not 
limited to, methods for selecting temporary members and methods 
of communicating recommendations and advice to the commissioner 
for his consideration.  The council shall consist of no more 
than 15 members.  Thirteen members shall be appointed by the 
commissioner, one of whom the commissioner shall designate as 
chairman.  The members shall be selected as follows:  four 
members shall represent currently licensed or registered human 
services occupations; two members shall represent human services 
occupations which are not currently registered; two members 
shall represent licensed health care facilities, which can 
include a health maintenance organization as defined in section 
62D.02; one member shall represent the higher education 
coordinating board; one member shall represent the state 
planning agency; one member shall represent a third party payor 
to health care costs; and two members shall be public members as 
defined by section 214.02.  
    In cases in which the council has been charged by the 
commissioner to evaluate an application submitted under the 
provisions of section 214.13, the commissioner may appoint to 
the council as temporary voting members, for the purpose of 
evaluating that application alone, one or two representatives 
from among the appropriate licensed or registered human services 
occupations or from among the state agencies that have been 
identified under section 214.13, subdivision 2.  In determining 
whether a temporary voting member or members should be appointed 
and which human services occupations or state agencies should be 
represented by temporary voting members, the commissioner shall 
attempt to systematically involve those who would be most 
directly affected by a decision to credential a particular 
applicant group and who are not already represented on the 
council.  The terms of temporary voting members shall not exceed 
12 months.  The terms of the other council members, and the 
compensation and removal of all members, shall be as provided in 
section 15.059.  
    Sec. 17.  Minnesota Statutes 1982, section 241.66, 
subdivision 2, is amended to read: 
    Subd. 2.  [MANDATORY DATA COLLECTION.] Every hospital 
licensed pursuant to sections 144.50 to 144.58, every physician 
licensed to practice in this state, every public health nurse, 
every social services agency, every community health agency, and 
Every local law enforcement agency shall collect data related to 
battered women in the form required by rule of the 
commissioner.  The data shall be collected and transmitted to 
the commissioner at such times as he shall, by rule, require. 
    Sec. 18.  Minnesota Statutes 1982, section 245.811, is 
amended to read: 
    245.811 [FEES.] 
    Subdivision 1.  [COMMISSIONER'S AUTHORITY.] The 
commissioner may charge a reasonable fee for the issuance or 
renewal of a license except that no fee may be charged to a day 
care or residential facility for the mentally retarded for a 
family foster care or family day care home license.  In no event 
shall the fee exceed $150.  Fees may be waived at the discretion 
of the commissioner. 
    Subd. 2.  [RULES.] The commissioner may adopt reasonable 
rules and regulations pursuant to chapter 14 as may be necessary 
to carry into effect the provisions of subdivision 1.  
    Sec. 19.  [246.023] [INTERAGENCY BOARD.] 
    Subdivision 1.  [LEGISLATIVE POLICY.] It is recognized that 
closure and consolidation of state hospitals have negative 
economic effects upon public employees and communities.  It is 
the policy of the state that deinstitutionalization policies 
shall be carried out in a manner that ensures fair and equitable 
arrangements to protect the interests of employees and 
communities affected by deinstitutionalization of state 
hospitals.  
    Subd. 2.  [INTERAGENCY BOARD.] There is established an 
interagency board to be known as the institutional care and 
economic impact planning board.  The board shall consist of the 
following members:  the commissioners of public welfare, 
administration, employee relations, economic security, energy 
and economic development; the director of the state planning 
agency; and other appropriate agency heads.  The board shall be 
directed by the director of the state planning agency with 
assistance from the commissioner of public welfare in 
consultation with the other agency heads.  
    Subd. 3.  [STUDY.] A comprehensive study shall be conducted 
by the interagency board to provide information on topics to 
include, but not be limited to, the following:  
    (1) projected displacement of state hospital employees 
because of deinstitutionalization by number, location, and job 
classification;  
    (2) the extent to which displacement can be mitigated 
through attrition, retirement, retraining, and transfer;  
    (3) the development of cooperative arrangements between the 
state and local units of government in the carrying out of these 
goals;  
    (4) the necessary changes in the biennial budget to effect 
any fiscal and policy recommendations of the plan;  
    (5) the necessary interagency agreements among and between 
appropriate departments and agencies as needed to effect the 
recommendations contained in the plan; and 
    (6) the energy efficiency of all state hospital buildings.  
    Notwithstanding the provisions of sections 13.43 and 13.46, 
the state planning agency shall, for purposes of the study 
required by this subdivision, have access to private personnel 
data and private client data as necessary to carry out the 
mandates of this act until June 30, 1985.  
    Subd. 4.  [PLAN.] The board shall develop a plan.  The plan 
shall include proposals which protect the general interests of 
employees and communities affected by the deinstitutionalization 
of state hospitals, including proposals that attempt to preserve 
employment rights and benefits, provide training and retraining 
of employees and, to the extent possible, promote the employment 
of these employees.  In addition, the plan shall propose 
specific methods for assuring minimal impact on the economic 
life of communities affected by the deinstitutionalization of 
state hospitals.  The plan shall provide specific direction with 
respect to the following:  
    (1) retention of collective bargaining agreements including 
seniority, vacation, health insurance and other contractual 
benefits, and pension rights;  
    (2) maximum utilization of state hospital employees in the 
provision of noninstitutional services to the mentally retarded; 
    (3) negotiated agreements with exclusive representatives 
addressing job security issues, where deinstitutionalization 
causes displacement of employees;  
    (4) development of noninstitutional, state-operated or 
nonstate-operated services for the mentally retarded, including 
community-based intermediate care facilities for the mentally 
retarded, supported living arrangements, semi-independent living 
arrangements, day activity services, and other services;  
    (5) methods for ensuring that staff displaced by 
termination of programs at state hospitals are utilized to 
provide needed services within the continuum of care for 
individuals;  
    (6) alternative use of state hospital facilities made 
available by program closures;  
    (7) community retraining options for displaced personnel;  
    (8) methods for involving the following groups in the 
planning process:  parents and guardians of hospital residents, 
community business and economic leaders, advocates, community 
providers, units of local government, and affected exclusive 
representatives; and 
    (9) preparation of an economic impact statement and 
alternative economic development strategies for each state 
hospital region likely to be affected by program reductions in 
the regional state facility.  
    Subd. 5.  [REPORT; IMPLEMENTATION.] The interagency board 
shall complete both the study required under subdivision 3 and 
the plan required under subdivision 4, on or before January 31, 
1985, and shall present them to the legislative commission on 
long-term health care before February 1, 1985.  Board members 
shall, to the extent possible, propose legislation for program 
implementation based upon the plan including, if appropriate, 
pilot demonstration projects.  
    Sec. 20.  [LEGISLATIVE COMMISSION ON LONG-TERM CARE.] 
    The legislative commission on long-term health care 
authorized by Laws 1983, chapter 199, section 17, shall:  
    (1) monitor the deinstitutionalization of state hospitals 
in accord with the plan developed pursuant to section 19;  
    (2) study the impact of state hospital 
deinstitutionalization on affected communities;  
    (3) ensure that displaced state hospital employees are 
provided opportunities for reemployment or retraining; and 
    (4) evaluate the comparative costs to the state of 
institutional and noninstitutional care for mentally retarded 
persons.  
    Sec. 21.  Minnesota Statutes 1983 Supplement, section 
256.01, subdivision 2, is amended to read: 
    Subd. 2.  [SPECIFIC POWERS.] Subject to the provisions of 
section 241.021, subdivision 2, the commissioner of public 
welfare shall: 
    (1) Administer and supervise all forms of public assistance 
provided for by state law and other welfare activities or 
services as are vested in the commissioner. 
    (2) Administer and supervise all child welfare activities; 
promote the enforcement of laws protecting handicapped, 
dependent, neglected and delinquent children, and children born 
to mothers who were not married to the children's fathers at the 
times of the conception nor at the births of the children; 
license and supervise child-caring and child-placing agencies 
and institutions; supervise the care of children in boarding and 
foster homes or in private institutions; and generally perform 
all functions relating to the field of child welfare now vested 
in the state board of control. 
    (3) Administer and supervise all noninstitutional service 
to handicapped persons.  The commissioner may provide and 
contract for the care and treatment of qualified indigent 
children in facilities other than those located and available at 
state hospitals when it is not feasible to provide the service 
in state hospitals. 
    (4) Assist and actively cooperate with other departments, 
agencies and institutions, local, state, and federal, by 
performing services in conformity with the purposes of Laws 
1939, chapter 431. 
     (5) Act as the agent of and cooperate with the federal 
government in matters of mutual concern relative to and in 
conformity with the provisions of Laws 1939, chapter 431, 
including the administration of any federal funds granted to the 
state to aid in the performance of any functions of the 
commissioner as specified in Laws 1939, chapter 431, and 
including the promulgation of rules making uniformly available 
medical care benefits to all recipients of public assistance, at 
such times as the federal government increases its participation 
in assistance expenditures for medical care to recipients of 
public assistance, the cost thereof to be borne in the same 
proportion as are grants of aid to said recipients. 
     (6) Establish and maintain any administrative units 
reasonably necessary for the performance of administrative 
functions common to all divisions of the department. 
     (7) Administer and supervise any additional welfare 
activities and services as are vested by law in the department. 
     (8) The commissioner is designated as guardian of both the 
estate and the person of all the wards of the state of 
Minnesota, whether by operation of law or by an order of court, 
without any further act or proceeding whatever, except as to 
persons committed as mentally retarded or epileptic.  
     (9) Act as coordinating referral and informational center 
on requests for service for newly arrived immigrants coming to 
Minnesota. 
     (10) The specific enumeration of powers and duties as 
hereinabove set forth shall in no way be construed to be a 
limitation upon the general transfer of powers herein contained. 
     (11) Establish county, regional, or state-wide schedules of 
maximum fees and charges which may be paid by local agencies for 
medical, dental, surgical, hospital, nursing and nursing home 
care and medicine and medical supplies under all programs of 
medical care provided by the state and for congregate living 
care under the income maintenance programs. 
     (12) Have the authority to conduct and administer 
experimental projects to test methods and procedures of 
administering assistance and services to recipients or potential 
recipients of public welfare.  To carry out such experimental 
projects, it is further provided that the commissioner of public 
welfare is authorized to waive the enforcement of existing 
specific statutory program requirements, regulations, and 
standards in one or more counties.  The order establishing the 
waiver shall provide alternative methods and procedures of 
administration, shall not be in conflict with the basic 
purposes, coverage, or benefits provided by law, and in no event 
shall the duration of a project exceed two years.  It is further 
provided that no order establishing an experimental project as 
authorized by the provisions of this section shall become 
effective until the following conditions have been met: 
     (a) The proposed comprehensive plan including estimated 
project costs and the proposed order establishing the waiver 
shall be filed with the secretary of the senate and chief clerk 
of the house of representatives at least 60 days prior to its 
effective date. 
     (b) The secretary of health, education, and welfare of the 
United States has agreed, for the same project, to waive state 
plan requirements relative to state-wide uniformity. 
     (c) A comprehensive plan, including estimated project 
costs, shall be approved by the legislative advisory commission 
and filed with the commissioner of administration.  
     (13) In accordance with federal requirements establish 
procedures to be followed by local welfare boards in creating 
citizen advisory committees, including procedures for selection 
of committee members. 
     (14) Allocate federal fiscal disallowances or sanctions 
which are based on quality control error rates for the aid to 
families with dependent children, medical assistance, or food 
stamp program in the following manner:  
    (a) One-half of the total amount of the disallowance shall 
be borne by the county boards responsible for administering the 
programs and shall be shared by each county board in the same 
proportion as that county's expenditures for the sanctioned 
program are to the total of all counties' expenditures for that 
program.  Each county shall pay its share of the disallowance to 
the state of Minnesota.  When a county fails to pay the amount 
due hereunder, the commissioner may deduct the amount from 
reimbursement otherwise due the county, or the attorney general, 
upon the request of the commissioner, may institute civil action 
to recover the amount due. 
    (b) Notwithstanding the provisions of paragraph (a), if the 
disallowance results from knowing noncompliance by one or more 
counties with a specific program instruction, and that knowing 
noncompliance is a matter of official county board record, the 
commissioner may require payment or recover from the county or 
counties, in the manner prescribed in paragraph (a), an amount 
equal to the portion of the total disallowance which resulted 
from the noncompliance, and may distribute the balance of the 
disallowance according to paragraph (a).  
    (15) Develop and implement special projects that maximize 
reimbursements and result in the recovery of money to the 
state.  For the purpose of recovering state money, the 
commissioner may enter into contracts with third parties.  Any 
recoveries that result from projects or contracts entered into 
under this paragraph shall be deposited in the state treasury 
and credited to a special account until the balance in the 
account reaches $400,000.  When the balance in the account 
exceeds $400,000, the excess shall be transferred and credited 
to the general fund.  All money in the account is appropriated 
to the commissioner for the purposes of this paragraph.  
    Sec. 22.  Minnesota Statutes 1983 Supplement, section 
256.737, is amended to read: 
    256.737 [COMMUNITY WORK EXPERIENCE PROGRAM.] 
    In order that persons receiving aid under this chapter may 
be assisted in achieving self-sufficiency by enhancing their 
employability through meaningful work experience and training 
and the development of job search skills, the commissioner of 
public welfare may establish continue the pilot community work 
experience demonstration programs that were approved by January 
1, 1984.  No new pilot community work experience demonstration 
programs may be established.  The commissioner shall:  (a) 
assist counties in the design, implementation, and evaluation of 
these demonstration programs; (b) promulgate, in accordance with 
chapter 14, temporary rules necessary for the implementation of 
this section, except that the time restrictions of section 14.35 
shall not apply and the rules may be in effect until the 
termination of the demonstration programs; and (c) seek any 
federal waivers necessary for proper implementation of this 
section in accordance with federal law.  The commissioner shall 
prohibit use of participants in the programs to do work that was 
part or all of the duties or responsibilities of an authorized 
public employee position established as of January 1, 1983.  The 
exclusive bargaining representative shall be notified no less 
than 14 days in advance of any placement by the community work 
experience program.  Concurrence with respect to job duties of 
persons placed under the community work experience program shall 
be obtained from the appropriate exclusive bargaining 
representative.  The appropriate oversight committee shall be 
given monthly lists of all job placements under a community work 
experience program. 
    Projects shall end no later than June 30, 1984 1985, and a 
preliminary report shall be made to the legislature by February 
15, 1984 1985, on the feasibility of permanent implementation 
and on the cost effectiveness of each of the demonstration 
programs. 
     Sec. 23.  Minnesota Statutes 1982, section 256.851, is 
amended to read: 
    256.851 [RULES.] 
    The commissioner of public welfare shall promulgate 
temporary and permanent rules necessary to implement Laws 1981, 
Third Special Session Chapter 3, Sections 1 to 19, and sections 
256.72 to 256.871.  
    Sec. 24.  [256B.49] [CHRONICALLY ILL CHILDREN; HOME AND 
COMMUNITY-BASED WAIVER STUDY AND APPLICATION.] 
    Subdivision 1.  [STUDY; WAIVER APPLICATION.] The 
commissioner shall authorize a study to assess the need for home 
and community-based waivers for chronically ill children who 
have been and will continue to be hospitalized without a waiver, 
and for disabled individuals under the age of 65 who are likely 
to reside in an acute care or nursing home facility in the 
absence of a waiver.  If a need for these waivers can be 
demonstrated, the commissioner shall apply for federal waivers 
necessary to secure, to the extent allowed by law, federal 
participation under United States Code, title 42, sections 
1396-1396p, as amended through December 31, 1982, for the 
provision of home and community-based services to chronically 
ill children who, in the absence of such a waiver, would remain 
in an acute care setting, and to disabled individuals under the 
age of 65 who, in the absence of a waiver, would reside in an 
acute care or nursing home setting.  If the need is 
demonstrated, the commissioner shall request a waiver under 
United States Code, title 42, sections 1396-1396p, to allow 
medicaid eligibility for blind or disabled children with 
ineligible parents where income deemed from the parents would 
cause the applicant to be ineligible for supplemental security 
income if the family shared a household and to furnish necessary 
services in the home or community to disabled individuals under 
the age of 65 who would be eligible for medicaid if 
institutionalized in an acute care or nursing home setting. 
These waivers are requested to furnish necessary services in the 
home and community setting to children or disabled adults under 
age 65 who are medicaid eligible when institutionalized in an 
acute care or nursing home setting.  The commissioner shall 
assure that the cost of home and community-based care will not 
be more than the cost of care if the eligible child or disabled 
adult under age 65 were to remain institutionalized. 
     Subd. 2.  [RULES.] The commissioner of public welfare may 
adopt temporary and permanent rules as necessary to implement 
subdivision 1.  
    Sec. 25.  Minnesota Statutes 1983 Supplement, section 
256B.501, subdivision 10, is amended to read:  
    Subd. 10.  [RULES.] To implement this section, the 
commissioner shall promulgate temporary and permanent rules in 
accordance with chapter 14.  To implement subdivision 3, the 
commissioner shall promulgate temporary rules by October 1, 
1983, and permanent rules in accordance with sections 14.01 to 
14.38.  Notwithstanding the provisions of section 14.35, the 
temporary rule promulgated to implement subdivision 3 shall be 
effective for up to 720 days.  
    Sec. 26.  Minnesota Statutes 1983 Supplement, section 
256D.01, subdivision 1, is amended to read: 
    Subdivision 1.  [POLICY; STANDARDS OF ASSISTANCE.] The 
objectives of sections 256D.01 to 256D.21 are to provide a sound 
administrative structure for public assistance programs; to 
maximize the use of federal money for public assistance 
purposes; and to provide an integrated public assistance program 
for all persons in the state without adequate income or 
resources to maintain a subsistence reasonably compatible with 
decency and health. 
    It is declared to be the policy of this state that persons 
unable to provide for themselves and not otherwise provided for 
by law and who meet the eligibility requirements of sections 
256D.01 to 256D.21 are entitled to receive grants of general 
assistance necessary to maintain a subsistence reasonably 
compatible with decency and health.  Providing this assistance 
is a matter of public concern and a necessity in promoting the 
public health and welfare. 
    Subd. 1a.  [STANDARDS.] A principal objective in providing 
general assistance is to provide for persons ineligible for 
federal programs who are unable to provide for themselves.  To 
achieve these aims, the commissioner shall establish minimum 
standards of assistance for general assistance.  The minimum 
standard of assistance determines the total amount of the 
general assistance grant without separate standards for shelter, 
utilities, or other needs and shall not be less than the 
combined total of the minimum standards of assistance for 
shelter and basic needs in effect on February 1, 1983.  The 
standards of assistance shall not be lower for a recipient 
sharing a residence with another person unless that person is a 
responsible relative of the recipient who is also eligible for 
general assistance.  The standards shall be lowered for 
recipients who share a residence with a responsible relative who 
also receives general assistance or who receives AFDC.  If the 
responsible relative is receiving AFDC, then the amount payable 
to the general assistance recipient must not exceed the amount 
that would be attributable to him if he were included in the 
AFDC grant.  For recipients who are not exempt from registration 
with the department of economic security pursuant to section 
256D.111, subdivision 2, clauses (a), (f), (g), and (h), and who 
share a residence with a responsible relative who is not 
eligible for general assistance, the standards shall be lowered, 
subject to these limitations:  
    (a) The general assistance grant shall be in an amount such 
that total household income is equal to the AFDC standard for a 
household of like size and composition, except that the grant 
shall not exceed that paid to a general assistance recipient 
living independently.  
    (b) Benefits received by a responsible relative under the 
supplemental security income program, the social security 
disability program, a workers' compensation program, the 
Minnesota supplemental aid program, or on the basis of the 
relative's disability, must not be included in the household 
income calculation.  
    Subd. 1b.  [RULES.] The commissioner shall adopt temporary 
and permanent rules to set standards of assistance and methods 
of calculating payment to conform with subdivision 1a.  The 
minimum standards of assistance shall authorize the payment of 
rates negotiated by local agencies for recipients living in a 
room and board arrangement.  In order to maximize the use of 
federal funds, the commissioner shall adopt rules, to the extent 
permitted by federal law for eligibility for the emergency 
assistance program under aid to families with dependent 
children, and under the terms of sections 256D.01 to 256D.21 for 
general assistance, to require use of the emergency program 
under aid to families with dependent children as the primary 
financial resource when available.  The commissioner shall 
provide by rule for eligibility for general assistance of 
persons with seasonal income, and may attribute seasonal income 
to other periods not in excess of one year from receipt by an 
applicant or recipient.  
    Sec. 27.  Minnesota Statutes 1982, section 256D.02, 
subdivision 6, is amended to read: 
    Subd. 6.  "Child" means an adult or minor child of an 
individual who is under the age of 18. 
    Sec. 28.  Minnesota Statutes 1982, section 256D.02, 
subdivision 8, is amended to read: 
    Subd. 8.  "Income" means any form of income, including 
remuneration for services performed as an employee and net 
earnings from self-employment, reduced by the amount 
attributable to employment expenses as defined by the 
commissioner.  The amount attributable to employment expenses 
shall include amounts paid or withheld for federal and state 
personal income taxes and federal social security taxes.  
    "Income" includes any payments received as an annuity, 
retirement, or disability benefit, including veteran's or 
workers' compensation; old age, survivors, and disability 
insurance; railroad retirement benefits; unemployment benefits;  
and benefits under any federally aided categorical assistance 
program, supplementary security income, or other assistance 
program; rents, dividends, interest and royalties; and support 
and maintenance payments except that.  Such payments may not be 
considered as available to meet the needs of any person other 
than the person for whose benefit they are received, unless that 
person is under a legal duty to support another family member 
and the income is not excluded under section 256D.01, 
subdivision 1a.  Goods and services provided in lieu of cash 
payment shall be excluded from the definition of income, except 
that payments made for room, board, tuition or fees by a parent, 
on behalf of a child enrolled as a full-time student in a 
post-secondary institution, must be included as income. 
    Sec. 29.  Minnesota Statutes 1982, section 256D.02, is 
amended by adding a subdivision to read: 
    Subd. 15.  "Full-time student" means a student at a 
post-secondary institution who attends training for a minimum of 
25 hours per week if the training does not involve shop practice 
and for a minimum of 30 hours per week if the training involves 
shop practice, or who registers for and attends a minimum of 12 
semester hours per semester or 12 quarter hours per quarter.  
    Sec. 30.  Minnesota Statutes 1983 Supplement, section 
256D.03, subdivision 4, is amended to read: 
    Subd. 4.  [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.] (a) 
Reimbursement under the general assistance medical care program 
shall be limited to the following categories of service: 
inpatient hospital care, outpatient hospital care, services 
provided by medicare certified rehabilitation agencies, 
prescription drugs, equipment necessary to administer insulin 
and diagnostic supplies and equipment for diabetics to monitor 
blood sugar level, eyeglasses and eye examinations provided by a 
physician or optometrist, hearing aids, prosthetic devices, 
laboratory and x-ray services, physician's services, medical 
transportation, and dental care.  In addition, payments of state 
aid shall be made for day treatment services provided by a 
mental health center established under sections 245.61 to 
245.69, subdivision 1, and funded through chapter 256E and for 
prescribed medications for persons who have been diagnosed as 
mentally ill as necessary to prevent more restrictive 
institutionalization. 
    (b) In order to contain costs, the county board shall, with 
the approval of the commissioner of public welfare, select 
vendors of medical care who can provide the most economical care 
consistent with high medical standards and may contract with 
organizations on a prepaid capitation basis to provide these 
services.  The commissioner shall encourage county boards to 
submit proposals for demonstration projects designed to provide 
services in an economical manner or to control utilization, with 
safeguards to ensure that necessary services are provided.  
Payment for services provided pursuant to this subdivision shall 
be as provided to medical assistance vendors of these services 
under section 256B.02, subdivision 8, except that where counties 
enter into prepaid capitation agreements, payments shall be as 
provided in section 256.966, subdivision 2. 
     (c) The commissioner of public welfare may reduce payments 
provided under sections 256D.01 to 256D.21 and 261.23 in order 
to remain within the amount appropriated for general assistance 
medical care, within the following restrictions.  For the period 
July 1, 1983 to June 30, 1984, reductions below the cost per 
service unit allowable under section 256.966, are permitted only 
as follows:  payments for inpatient and outpatient hospital care 
provided in response to a primary diagnosis of chemical 
dependency or mental illness may be reduced no more than 45 
percent; payments for all other inpatient hospital care may be 
reduced no more than 35 percent.  Reductions below the payments 
allowable under section 256.967 for the remaining general 
assistance medical care services allowable under this 
subdivision may be reduced no more than 25 percent.  For the 
period July 1, 1984 to June 30, 1985, reductions below the cost 
per service unit allowable under section 256.966 are permitted 
only as follows:  payments for inpatient and outpatient hospital 
care provided in response to a primary diagnosis of chemical 
dependency or mental illness may be reduced no more than 30 
percent; payments for all other inpatient hospital care may be 
reduced no more than 20 percent.  Reductions below the payments 
allowable under section 256.967 for the remaining general 
assistance medical care services allowable under this 
subdivision may be reduced no more than ten percent.  There 
shall be no copayment required of any recipient of benefits for 
any services provided under this subdivision.  A hospital 
receiving a reduced payment as a result of this section may 
apply the unpaid balance toward satisfaction of the hospital's 
bad debts.  
    (d) Any county may, from its own resources, provide medical 
payments for which state payments are not made. 
    Sec. 31.  Minnesota Statutes 1982, section 256D.06, 
subdivision 3, is amended to read: 
    Subd. 3.  When a general assistance grant is used to pay a 
negotiated rate for a recipient living in a room and board 
arrangement or congregate living care, or when a recipient is 
living in a state hospital or nursing home, the recipient shall 
receive an allowance for clothing and personal needs and the 
allowance shall not be less than that authorized for a medical 
assistance recipient pursuant to section 256B.35. 
    Sec. 32.  Minnesota Statutes 1983 Supplement, section 
256D.111, subdivision 1, is amended to read: 
    256D.111 [REGISTRATION FOR WORK; DISQUALIFICATION.] 
    Subdivision 1.  [REGISTRATION REQUIREMENT.] Unless exempt 
in accordance with the provisions of subdivision 2, an adult who 
is a recipient of general assistance and who is not employed is 
required to register for employment services with the department 
of economic security, be available for work and comply with 
reasonable reporting and job search requirements as established 
by the commissioner of economic security in permanent or 
temporary rule, and accept any offer of suitable employment.  
The department of economic security shall promptly verify the 
names of persons registered under this subdivision for the local 
agencies.  
    Sec. 33.  Minnesota Statutes 1983 Supplement, section 
256D.111, is amended by adding a subdivision to read: 
    Subd. 1a.  [REFERRAL TO THE MINNESOTA EMERGENCY DEVELOPMENT 
PROGRAM.] Until December 31, 1985, the commissioner of economic 
security shall refer for services, under the Minnesota emergency 
employment development program, all persons required to register 
for work under this section.  
    Sec. 34.  Minnesota Statutes 1983 Supplement, section 
256D.111, subdivision 2, is amended to read: 
    Subd. 2.  [EXEMPTIONS.] A recipient is not required to 
register for employment services with the department of economic 
security and comply with the other requirements of subdivision 1 
if he is:  
    (a) a person who is suffering from a permanent or temporary 
illness, injury, or incapacity which is medically certified and 
which prevents the person from obtaining or retaining employment;
    (b) a person whose presence in the home on a substantially 
continuous basis is required because of the certified illness, 
injury, incapacity, or the age of another member of the 
household;  
    (c) a person who has been placed in a licensed or certified 
facility for purposes of physical or mental health or 
rehabilitation, or in an approved chemical dependency 
domiciliary facility, if the placement is based on illness or 
incapacity and is pursuant to a plan developed or approved by 
the local agency through its director or designated 
representative;  
    (d) a person who resides in a shelter facility described in 
section 256D.05, subdivision 3;  
    (e) a person who is or may be eligible for displaced 
homemaker services, programs, or assistance under section 4.40, 
but only if that person is enrolled as a full-time student;  
    (f) a person not described in clause (a) or (c) who is 
diagnosed by a licensed physician or licensed consulting 
psychologist as mentally retarded or mentally ill, and that 
condition prevents the person from obtaining or retaining 
employment;  
    (g) a person who has an application pending for the social 
security disability program or the program of supplemental 
security income for the aged, blind and disabled, or who has 
been terminated from either program and has an appeal from that 
termination pending;  
    (h) a person who is unable to obtain or retain employment 
because his advanced age significantly affects his ability to 
seek or engage in substantial work;  
    (i) a person completing a secondary education program or 
one who has been referred to, has applied for, or is in a work 
training, work experience, vocational rehabilitation, or other 
employment related educational vocational or technical training 
program; but however, the period of time that the person is 
exempted pursuant to under this clause, while awaiting waiting 
for acceptance into the program, shall not exceed be more than 
two months;  
    (j) an adult member of a household with children in which 
another adult is employed full time or has registered for 
employment services with the department of economic security or 
been accepted in a work training program; or 
    (k) a person who has been certified as unemployable by the 
commissioner of economic security who has substantial barriers 
to employment, including but not limited to factors relating to 
work or training history, as determined by the local agency in 
accordance with permanent or temporary rules adopted by the 
commissioner after consultation with the commissioner of 
economic security; or 
    (l) a person who is certified by the commissioner of 
economic security as lacking work skills or training or as being 
unable to obtain work skills or training necessary to secure 
employment, as defined in a permanent or temporary rule adopted 
by the commissioner of economic security in consultation with 
the commissioner.  
    The exemption of a person described in clause (k) or (l) 
shall be reassessed annually.  
    Sec. 35.  Minnesota Statutes 1983 Supplement, section 
256D.111, subdivision 5, is amended to read: 
    Subd. 5.  [RULEMAKING.] The commissioner shall adopt rules 
and is authorized to adopt temporary rules:  
    (a) providing for a reasonable period of disqualification 
from the receipt of general assistance for a recipient who is 
not exempt pursuant to subdivision 2 and who has been finally 
determined pursuant to the procedure prescribed in subdivision 4 
to have failed to comply with the requirements of subdivision 1, 
provided that the period of disqualification for the first 
failure to comply shall not exceed one month, unless a recipient 
is disqualified as unavailable for work due to full-time student 
status as defined in section 256D.02, subdivision 15;  
    (b) providing for the use of vouchers or vendor payments 
with respect to the family of a recipient described in clause 
(a); and 
    (c) providing that at the time of the approval of an 
application for general assistance, the local agency gives to 
the recipient a written notice in plain and easily understood 
language describing the recipient's job registration, search, 
and acceptance obligations under this section, and the period of 
disqualification that will be imposed for a failure to comply 
with those obligations.  
    Sec. 36.  Minnesota Statutes 1983 Supplement, section 
256D.112, is amended to read: 
    256D.112 [TEMPORARY AUTHORITY TO REFER CERTAIN RECIPIENTS 
TO COMMISSIONER OF ECONOMIC SECURITY.] 
    Until September 30, 1984, the local agency shall refer a 
recipient to the commissioner of economic security for services 
under the Minnesota Emergency Employment Development Act jobs 
program upon the payment to the recipient of a one-month grant.  
A referral shall be in writing; shall describe the jobs program 
for which the referral is being made; shall state the address of 
the office to which the recipient is being referred; and shall 
state that if the recipient is not accepted for participation in 
the jobs program, the recipient should return to the local 
agency. Notwithstanding the provisions of section 256D.111, 
subdivision 3, and section 256D.10, assistance to a general 
assistance recipient referred to the commissioner of economic 
security pursuant to this section shall be suspended at the time 
of the referral for a period of 30 days following the period for 
which a grant has been issued.  If the recipient does not return 
to the local agency within the 30-day period, assistance shall 
be terminated.  This section does not apply:  
    (1) to persons that the commissioner of economic security 
has determined, pursuant to section 268.80, are not eligible for 
the Minnesota Emergency Employment Development jobs program; are 
not likely to secure a job through the jobs program; or are not 
able to successfully perform a job available through the jobs 
program; 
    (2) to persons who are recipients of general assistance on 
October 1, 1983; and 
    (3) to persons whom the local agency has substantial reason 
to believe are covered by section 256D.111, subdivision 2.  
    Nothing in this section shall be construed as prohibiting 
any recipient who has not been referred by the local agency from 
applying to the commissioner of economic security for services 
under the Minnesota emergency employment development jobs 
program.  The local agency shall provide to all recipients a 
written description of the Minnesota emergency employment 
development jobs program.  
    Upon receipt of notice from the commissioner of public 
welfare that the Minnesota emergency employment development jobs 
program is terminated After September 30, 1984, this section is 
ineffective and the local agency shall not refer any recipient 
to the commissioner of economic security under this section.  
    Sec. 37.  Minnesota Statutes 1982, section 256D.15, is 
amended to read: 
    256D.15 [RELATIVE'S RESPONSIBILITY.] 
    The financial responsibility of a relative for an applicant 
for or recipient of general assistance shall not extend beyond 
the relationship of a spouse, or a parent of an applicant or 
recipient who is a child adult child who resides with the 
parent, or the parent of a minor child regardless of where the 
minor child resides.  
    Sec. 38.  Minnesota Statutes 1982, section 256E.03, 
subdivision 2, is amended to read: 
    Subd. 2.  "Community social services" means services 
provided or arranged for by county boards to fulfill the 
responsibilities prescribed in section 256E.08, subdivision 1 to 
the following groups of persons: 
    (a) Families with children under age 18, who are 
experiencing child dependency, neglect or abuse, and also 
pregnant adolescents, adolescent parents under the age of 18, 
and their children; 
    (b) Persons who are under the guardianship of the 
commissioner of public welfare as dependent and neglected wards; 
    (c) Adults who are in need of protection and vulnerable as 
defined in section 626.557; 
    (d) Persons age 60 and over who are experiencing difficulty 
living independently and are unable to provide for their own 
needs; 
    (e) Emotionally disturbed children and adolescents, 
chronically and acutely mentally ill persons who are unable to 
provide for their own needs or to independently engage in 
ordinary community activities; 
    (f) Mentally retarded persons as defined in section 
252A.02, subdivision 2 who are unable to provide for their own 
needs or to independently engage in ordinary community 
activities; 
    (g) Drug dependent and intoxicated persons as defined in 
section 254A.02, subdivisions 5 and 7, and persons at risk of 
harm to self or others due to the ingestion of alcohol or other 
drugs; and 
    (h) Parents whose income is at or below 70 percent of the 
state median income and who are in need of child care services 
in order to secure or retain employment or to obtain the 
training or education necessary to secure employment; and 
    (i) Other groups of persons who, in the judgment of the 
county board, are in need of social services. 
    Community social services do not include public assistance 
programs known as aid to families with dependent children, 
Minnesota supplemental aid, medical assistance, general 
assistance, general assistance medical care, or community health 
services authorized by sections 145.911 to 145.922. 
    Sec. 39.  Minnesota Statutes 1982, section 256E.07, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FORMULA.] In federal fiscal year 1980 1985 
and subsequent years, money for social services that is received 
from the federal government to reimburse counties for social 
service expenditures pursuant to title XX of the social security 
act shall be allocated to each county according to the following 
formula:  
    (a) Two-thirds shall be allocated on the basis of the 
annual average number of unduplicated active monthly caseloads 
in each county in the following programs:  aid to families with 
dependent children, medical assistance, general assistance, 
supplementary security income, and Minnesota supplemental aid.  
    (b) One-third shall be allocated on the basis of the number 
of persons residing in the county as determined by the most 
recent data estimate of the state demographer.  
    (c) The commissioner shall allocate to the counties 
pursuant to this section the total money received from the 
federal government for social services pursuant to title XX of 
the social security act, except that portion of the state's 
allocation which the legislature authorizes for administrative 
purposes and for migrant day care. 
    (d) In federal fiscal year 1980 and in subsequent years the 
minimum title XX share of a county shall be the sum of:  
    (1) The title XX earnings of that county in calendar year 
1978, except that in the counties of Hennepin, Ramsey and St. 
Louis the greater of 99 percent of their title XX earnings in 
calendar year 1978 or 99 percent of their allocation in federal 
fiscal year 1979; and 
    (2) One-half of the amount that the county would be 
entitled to by applying the allocation formula described in 
paragraphs (a), (b), and (c) to the amount of title XX money 
received by the state which is in excess of the state's 1979 
federal fiscal year allocation.  
    If the amount allocated to any county pursuant to 
paragraphs (a), (b), and (c) is less than the minimum title XX 
share of that county, its allocation shall be raised to its 
minimum title XX share through a percent reduction applied to 
the amounts that allocations to other counties exceed their 
minimum title XX shares.  If in any year the amount of title XX 
funds to the state is reduced below the level it received in 
federal fiscal year 1979, the guarantee provided in this 
paragraph shall be reduced by a percentage reduction equal to 
the percentage reduction in title XX money to the state as a 
whole.  The commissioner of public welfare shall annually review 
the use of title XX money by each county and reallocate unused 
money among the other counties, except Hennepin, Ramsey and St. 
Louis Counties, so as to raise them to their earnings in federal 
fiscal year 1979.  Any federal title XX money unused after this 
reallocation shall be reallocated by the commissioner according 
to the formula in paragraphs (a), (b), and (c) so that all 
available federal money is used within the federal fiscal year.  
    Sec. 40.  Minnesota Statutes 1982, section 256E.07, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [PHASE-IN] Notwithstanding the provisions of 
subdivision 1, the allocation formula for federal fiscal years 
1985 through 1993 is as follows:  
    (a) Whenever the amount of federal title XX funds available 
for allocation to counties is the same as the amount available 
in the previous fiscal year:  
    (1) Each county's current year formula share shall be 
determined pursuant to subdivision 1;  
    (2) For all counties whose previous year allocation exceeds 
its current year formula share, the difference shall be divided 
by the number of years remaining until federal fiscal year 1994; 
the resulting amount shall be subtracted from the previous year 
allocation to obtain the final allocation;  
    (3) For all counties whose current year formula share 
equals or exceeds its previous year allocation, any difference 
shall be divided by the number of years remaining until federal 
fiscal year 1994.  The resulting amount shall be added to the 
previous year allocation to obtain the final allocation.  
    (b) Whenever the amount of federal title XX funds available 
for allocation to counties is less than the amount available in 
the previous year, the procedure described in clause (a) shall 
be followed, except that each county's previous year allocation 
shall mean its actual previous year allocation reduced in 
proportion to the reduction in federal fund availability.  
    (c) Whenever the amount of federal title XX funds available 
for allocation to counties is greater than the amount available 
in the previous year, the procedure described in clause (a) 
shall be followed, except that each county's previous year 
allocation shall mean:  
    (1) the actual previous year allocation; plus 
    (2) the amount to which the county would be entitled by 
apportioning 40 percent of the excess federal funds available 
according to the distribution formula contained in subdivision 
1; plus 
    (3) for all counties whose current year formula share 
exceeds the amount prescribed by items (1) and (2) of this 
paragraph, the amount to which the county would be entitled by 
apportioning the remaining 60 percent of the excess federal 
funds available among the remaining counties according to the 
distribution formula contained in subdivision 1.  
    For the purposes of the federal fiscal year 1985 
allocation, the federal fiscal year 1982 corrected allocation 
shall be considered the previous year allocation.  
    Sec. 41.  Minnesota Statutes 1982, section 256E.07, is 
amended by adding a subdivision to read: 
    Subd. 1b.  [UNUTILIZED FUNDS.] The commissioner of public 
welfare shall annually review the use of title XX allocations by 
county and, pursuant to the formula found in subdivision 1, 
reallocate unused money among those counties who have expended 
their full portion.  
    Sec. 42.  [268.38] [TEMPORARY HOUSING DEMONSTRATION 
PROGRAM.] 
    Subdivision 1.  [DEFINITIONS.] For the purpose of this 
section the following terms have the meanings given:  
    (a) "Temporary housing" means housing provided for a 
limited duration not exceeding six months and available for 
occupancy on a 24-hour continuous basis.  
    (b) "Support services" means an assessment service that 
identifies the needs of individuals for independent living and 
arranges or provides for the appropriate educational, social, 
legal, advocacy, child care, employment, financial, or 
information and referral services to meet these needs.  
     (c) "Commissioner" means the commissioner of economic 
security.  
    Subd. 2.  [ESTABLISHMENT AND ADMINISTRATION.] A temporary 
housing demonstration program is established to be administered 
by the commissioner.  The commissioner may make grants to 
eligible recipients or enter into agreements with community 
action agencies or other public or private nonprofit agencies to 
make grants to eligible recipients to initiate, maintain, or 
expand programs to provide temporary housing and support 
services for persons in need of temporary housing.  The 
commissioner shall ensure that money appropriated to implement 
this section is distributed as soon as practicable.  The 
commissioner may make grants directly to eligible recipients.  
     The program shall terminate on June 30, 1985.  
    Subd. 3.  [ELIGIBLE RECIPIENTS.] A housing and 
redevelopment authority established under section 462.425 or a 
community action agency recognized under section 268.53 is 
eligible for assistance under the program.  In addition, a 
partnership, joint venture, corporation, or association that 
meets the following requirements is also eligible:  
    (1) it is established for a purpose not involving pecuniary 
gain to its members, partners, or shareholders;  
    (2) it does not pay dividends or other pecuniary 
remuneration, directly or indirectly, to its members, partners, 
or shareholders; and 
    (3) in the case of a private, nonprofit corporation, it is 
established under and in compliance with chapter 317.  
    Subd. 4.  [APPLICATIONS.] An eligible recipient may apply 
to the commissioner, or to a nonprofit agency designated by the 
commissioner, for a grant to initiate, maintain, or expand a 
program providing temporary housing and support services for 
persons in need of temporary housing.  The application must 
include:  
    (1) a proposal for the provision of temporary housing and 
support services, including program objectives, availability of 
adequate funding, appropriateness of the proposed program for 
the population to be served, and how the program will help 
individuals to move into permanent housing;  
     (2) a proposed budget; 
    (3) a plan for collection of required data and the method 
to be used for program evaluation; and 
    (4) evidence of the participation in the development of the 
application of any agency or governmental body that will provide 
essential services or assistance to the program. 
    Subd. 5.  [CRITERIA FOR GRANT AWARDS.] Criteria for the 
award of grants must include:  
    (1) evidence that the application meets all program 
requirements;  
     (2) evidence of the need of the applicant for state 
assistance and of the need for the particular program; 
     (3) indication of long-range plans for future funding if 
the need continues to exist for the service; and 
    (4) assurance that grants are awarded to as wide a variety 
of programs as possible, with emphasis on programs that 
concentrate on long-term solutions to individual housing 
problems.  
    Subd. 6.  [PROGRAMS DESIGNATED.] At least two programs 
funded must be located in the seven-county metropolitan area and 
at least one program must be located outside of the metropolitan 
area.  At least one program must be designed primarily to serve 
families with children, at least one program must be designed 
primarily to serve single persons, and at least one program must 
be designed primarily to serve persons leaving a shelter for 
family abuse.  
    Subd. 7.  [FUNDING COORDINATION.] To the extent 
practicable, grant recipients shall combine funds awarded under 
this section with other funds from public and private sources. 
Programs receiving funds under this section are also eligible 
for assistance under section 462A.05, subdivision 20.  
    Subd. 8.  [PROGRAM INFORMATION.] In order to collect 
uniform data to better measure the nature and extent of the need 
for temporary housing, grant recipients shall collect and make 
available to the commissioner the following information:  
    (1) number of requests received for temporary housing, 
including the number of persons requiring assistance; 
     (2) number of persons for whom services are provided, 
including differentiation between adults and minor children; 
     (3) reasons for seeking assistance; 
     (4) length of stay; 
    (5) reasons for leaving the housing program;  
     (6) demand for support services; 
     (7) follow-up information on status of persons assisted, if 
possible; and 
    (8) source of income, race, and sex of persons assisted.  
    Subd. 9.  [PRIVATE DATA.] Personal history information and 
other information collected, used, or maintained by a grant 
recipient from which the identity of any individual receiving 
services may be determined is private data on individuals, as 
defined in section 13.02, subdivision 12, and the grant 
recipient shall maintain the data in accordance with the 
provisions of chapter 13.  
    Subd. 10.  [RULES.] The commissioner may adopt temporary 
rules, in accordance with chapter 14, as necessary to implement 
this section.  Notwithstanding section 14.35, temporary rules 
adopted under this section shall remain in effect until June 30, 
1985.  
    Subd. 11.  [REPORT TO THE LEGISLATURE.] The commissioner of 
economic security shall report to the legislature by March 15, 
1985.  The report must include:  
    (1) the number of programs funded;  
    (2) the results of evaluations of those programs;  
    (3) an evaluation of the data collected on the programs 
funded and additional data available to the commissioner to 
further identify the need for temporary housing and available 
resources; and 
    (4) recommendations for future action by the legislature.  
    Subd. 12.  [LICENSING REQUIREMENTS NOT APPLICABLE.] The 
requirements of sections 245.781 to 245.812 do not apply to 
temporary housing and support services funded under this section 
unless the commissioner of public welfare determines that the 
program is primarily a residential facility within the meaning 
of section 245.782, subdivision 6.  
    Sec. 43.  Minnesota Statutes 1983 Supplement, section 
268.672, subdivision 6, is amended to read: 
    Subd. 6.  [ELIGIBLE JOB APPLICANT.] "Eligible job 
applicant" means a person who:  (1) has been a resident of this 
state for at least one month, (2) is unemployed, (3) is not 
receiving and is not qualified to receive unemployment 
compensation or workers' compensation, and (4) is determined by 
the employment administrator to be likely to be available for 
employment by an eligible employer for the duration of the job.  
    In addition, a farmer who resides in a county qualified 
under Federal Disaster Relief and who can demonstrate severe 
financial need may be considered unemployed under this 
subdivision.  
    Sec. 44.  Minnesota Statutes 1983 Supplement, section 
268.673, subdivision 5, is amended to read: 
    Subd. 5.  [REPORT TO GOVERNOR AND LEGISLATURE.] The 
coordinator shall report to the legislative advisory commission, 
the chairpersons of the house and senate governmental operations 
committees, the chairperson of the health, welfare, and 
corrections division of the house appropriations committee, the 
chairperson of the health and human services subcommittee of the 
senate finance committee, and the governor on a quarterly 
basis:  (1) the number of persons employed; (2) the number and 
type of employers under the program; (3) the amount of money 
spent in each service delivery area for wages for each type of 
employment and each type of other expense; (4) the number of 
persons who have completed participation in the program and 
their current employment, educational, or training status; (5) 
the specific allocation of discretionary funds; and (5) (6) any 
other information requested by the commission or the governor or 
deemed pertinent by the coordinator.  Each report must include 
cumulative information, as well as information for each quarter. 
    Sec. 45.  Minnesota Statutes 1983 Supplement, section 
268.675, is amended to read: 
    268.675 [ALLOCATION OF FUNDS AMONG SERVICE DELIVERY AREAS.] 
    (a) Ninety Subdivision 1.  [SERVICE DELIVERY AREA PORTION.] 
Eighty percent of the funds available for allocation to 
employment administrators for the program must be allocated 
among service delivery areas as follows:  (1) each service 
delivery area shall be eligible to receive that proportion of 
the funds available which equals the number of unemployed 
persons in the service delivery area divided by the total number 
of unemployed persons in the state for the 12-month period 
ending the most recent March 31; (2) however, 15 percent of the 
amount which would be allocated under paragraph (1) to each 
service delivery area in which the unemployment rate, for the 
12-month period ending the most recent March 31, is less than 
the statewide unemployment rate on that date shall not be 
allocated according to paragraph (1).  This amount shall be 
pooled and distributed at the discretion of the coordinator only 
to employment administrators in these service delivery areas 
with lower than average unemployment rates who have demonstrated 
outstanding performance from May 1, 1984, to August 1, 1984, in 
placement of persons who would otherwise be eligible to receive 
general assistance, as shown by:  
    (i) the proportion of general assistance-eligible 
applicants who have been placed in private sector jobs under the 
program, relative to the total number of general 
assistance-eligible applicants placed under the program; or 
    (ii) the proportion of general assistance-eligible 
applicants placed in all jobs under the program, relative to 
total job placements under the program.  
    (b) Ten percent of the funds available for allocation to 
employment administrators under the program must be allocated at 
the discretion of the coordinator to employment administrators:  
    (1) who will maximize the use of the funds through 
coordination with other programs and state, local, and federal 
agencies, through the use of matching funds or through the 
involvement of low-income constituent groups;  
    (2) who have demonstrated need beyond the allocation 
available under clause (1); or 
    (3) who have demonstrated outstanding performance in job 
creation; or 
    (4) who have demonstrated that the unemployed persons in 
the service delivery area incur unusual costs related to 
employment under sections 268.671 to 268.686.  
    Subd. 3.  [HIGH UNEMPLOYMENT REGIONS.] Ten percent of the 
funds available for allocation to employment administrators 
under the program must be allocated by the coordinator to 
employment administrators for use in regions that have 
unemployment rates for the 12-month period ending the most 
recent March 31 which meet or exceed 140 percent of the 
statewide unemployment rate.  Funds must be allocated to regions 
in proportion to the number of unemployed persons within the 
region. 
    Sec. 46.  Minnesota Statutes 1983 Supplement, section 
268.676, subdivision 1, is amended to read: 
    Subdivision 1.  [AMONG JOB APPLICANTS.] Allocation of funds 
among eligible job applicants within a service delivery area 
shall be determined by the employment administrator in each 
service delivery area.  The employment administrator shall give 
priority to:  
    (1) applicants living in households with no other income 
source; and 
    (2) applicants who would otherwise be eligible to receive 
general assistance under Minnesota Statutes 1980, section 
256D.05.  
    In service delivery areas where the unemployment rate for 
the 12-month period ending the most recent March 31 is below the 
statewide unemployment rate at that time, the employment 
administrator shall give higher priority to applicants described 
in clause (2) than to those described in clause (1).  
    Sec. 47.  Minnesota Statutes 1983 Supplement, section 
268.676, subdivision 2, is amended to read: 
    Subd. 2.  [AMONG EMPLOYERS.] Allocation of funds among 
eligible employers within a service area shall be determined by 
the employment administrator within each service delivery area 
according to the priorities in sections 268.68 and 268.681.  The 
employment administrator shall give priority to funding private 
sector jobs to the extent that eligible businesses apply for 
funds.  If possible, no more than 60 40 percent of the funds may 
be allocated for jobs with eligible government and nonprofit 
agencies during the biennium.  
    Sec. 48.  Minnesota Statutes 1983 Supplement, section 
268.677, is amended to read: 
    268.677 [USE OF FUNDS.] 
    Funds appropriated for the purposes of sections 268.671 to 
268.686 may be used as follows:  
    (a) To provide a state contribution for wages and fringe 
benefits for eligible job applicants for a maximum of 1,040 
hours over a maximum period of 26 weeks per job applicant.  For 
eligible job applicants participating in a job training program, 
the state contribution for wages may be used for a maximum 
period of 52 weeks per job applicant.  The state contribution 
for wages shall be up to $4 per hour for each eligible job 
applicant employed.  The state contribution for fringe benefits 
may be up to $1 per hour for each eligible job applicant 
employed.  However, the employer may use funds from other 
sources to provide increased wages to the applicants it 
employs.  At least 75 percent of the funds appropriated for the 
program must be used to pay wages for eligible job applicants; 
    (b) To reimburse the commissioner of economic security in 
an amount not to exceed one percent of the funds appropriated 
for the actual cost of administering sections 268.671 to 
268.686, and to reimburse the employment administrators in an 
amount not to exceed 4-1/2 percent of the funds appropriated for 
their actual cost of administering sections 268.671 to 268.686.  
The commissioner of economic security and the employment 
administrators shall reallocate funds from other sources to 
cover the administrative costs of this program whenever possible;
    (c) To provide child care services or subsidies to 
applicants employed under sections 268.671 to 268.686;  
    (d) To provide workers' compensation coverage to applicants 
employed by government or nonprofit agencies under sections 
268.671 to 268.686;  
    (e) To provide job search assistance, labor market 
orientation, job seeking skills, and referral for other services;
    (f) To purchase supplies and materials for projects 
creating permanent improvements to public property in an amount 
not to exceed one percent of the funds appropriated.  
    The employment administrator of each service delivery area 
shall submit to the coordinator a spending plan establishing 
that funds allocated to the service delivery area will be used 
by October 1, 1984, in the manner required by sections 268.671 
to 268.686.  Any funds allocated to the service delivery area 
for which there is no spending plan approved by the coordinator 
shall cancel back to the Minnesota emergency employment 
development account and may be reallocated by the coordinator to 
other employment administrators.  
    Sec. 49.  Minnesota Statutes 1983 Supplement, section 
268.685, is amended to read: 
    268.685 [TERMINATION; NOTIFICATION.] 
    The commissioner of economic security shall immediately 
terminate the Minnesota emergency employment development program 
if and when none of the money appropriated under Laws 1983, 
chapter 312, article 1, section 3 or under this act remains.  
The commissioner of economic security shall immediately notify 
the commissioner of public welfare of the program's 
termination.  The commissioner of public welfare shall 
immediately notify each local agency referring recipients under 
section 256D.112 of the program's termination and require the 
local agency to cease transferring recipients.  
    On the date the program is terminated, any balance 
remaining in the Minnesota emergency employment development 
account established under section 268.681, subdivision 4 shall 
cancel to the general fund.  Any payments received under section 
268.681, subdivisions 3 and 4 on or after that date shall be 
deposited in the general fund.  
    Sec. 50.  Minnesota Statutes 1983 Supplement, section 
268.686, is amended to read: 
    268.686 [SUNSET.] 
    Laws 1983, chapter 312, article 7, sections 1 to 18 are 
repealed June 30, 1985 January 1, 1986.  
    Sec. 51.  Minnesota Statutes 1983 Supplement, section 
268.80, is amended to read: 
    268.80 [APPLICATION PROCESS; DETERMINATIONS.] 
    Any person may apply to the commissioner for services under 
the Minnesota emergency employment development jobs program. 
Upon receiving an application, the commissioner shall promptly 
determine the person's eligibility for services under the 
program; the person's ability to successfully perform a job 
available through the program; and, within three business days, 
the person's eligibility for an allowance pursuant to section 
268.81.  The commissioner shall not accept applications for the 
allowance after September 30, 1984.  In determining the 
eligibility of a person for the allowance, the commissioner 
shall apply the eligibility standards set forth in sections 
256D.01 to 256D.21.  A person referred by a local agency 
pursuant to the provisions of section 256D.112 prior to October 
1, 1984 shall be deemed to be eligible for the allowance.  If 
the commissioner finds at any time that a person is not eligible 
for services under the jobs program, or if the commissioner 
determines after a three-month period that the person is 
unlikely to secure a job through the jobs program, then the 
commissioner shall issue a written determination stating the 
findings and provide the person with a written referral to the 
appropriate local agency.  However, once a person has been 
referred to the local agency because of a determination that the 
person is unlikely to secure a job through the emergency 
employment development jobs program, the person may not be 
referred back to the commissioner for the payment of the 
allowance under section 268.81.  If the person is receiving an 
allowance, the allowance will be terminated upon provision of a 
notice of termination of the allowance which must coincide with 
issuance of the allowance and must include a written referral to 
the local agency.  Upon sending a notice of termination, the 
commissioner shall forward copies of applications, 
verifications, and other documents related to the person's 
eligibility for and payments of general assistance to the local 
agency.  If the person applies to the local agency for general 
assistance before or on the last date of the period covered by 
the allowance, the person is eligible for general assistance, 
and the local agency shall issue a general assistance payment to 
cover the calendar month immediately following the calendar 
month covered by the last allowance.  The local agency shall use 
verifications obtained in its determination of eligibility 
pursuant to section 256D.112 and those provided by the 
commissioner and may only require the applicant to supply 
verification of factors that the local agency has reason to 
believe have changed.  If the commissioner finds at any time, 
pursuant to standards established by the commissioner by rule or 
temporary rule, that a person is not able to successfully 
perform a job available through the jobs program, the 
commissioner shall issue a written determination stating the 
findings and explaining the person's right to appeal pursuant to 
section 268.82, and shall provide the person with a written 
referral to the appropriate local agency.  If the commissioner 
finds that a person is not eligible for an allowance pursuant to 
section 268.81, the commissioner shall advise the person in 
writing that the person may make an application for general 
assistance with the appropriate local agency.  
    Sec. 52.  Minnesota Statutes 1983 Supplement, section 
268.81, is amended to read: 
    268.81 [PAYMENT OF ALLOWANCE.] 
    A person accepted pursuant to section 268.80 for 
participation in the Minnesota emergency employment development 
jobs program and determined by the commissioner to satisfy the 
eligibility standards set forth in sections 256D.01 to 256D.21, 
shall be paid a cash allowance by the commissioner in an amount 
which is not less than the amount of the general assistance 
grant that the person would otherwise receive pursuant to 
sections 256D.01 to 256D.21.  The commissioner shall adopt a 
permanent or temporary rule establishing the amounts of 
allowances to be paid pursuant to this section.  The initial 
allowance shall be paid to the person as soon as 
administratively feasible.  A person referred by a local agency 
pursuant to section 256D.112 shall be paid the initial allowance 
upon the expiration of the period covered by the one-month grant 
received from the local agency.  Thereafter, the allowance shall 
be paid at intervals as the commissioner shall prescribe by rule 
or temporary rule.  Until June 30, 1985, a person receiving an 
allowance when the Minnesota emergency employment development 
jobs program is terminated under section 268.685, shall continue 
to be paid an allowance under this section if he continues to 
meet the eligibility standards set forth in sections 256D.01 to 
256D.21.  After December 31, 1984, the department of economic 
security shall make no allowance payments.  All persons who 
receive an allowance during December 1984 shall be provided a 
notice of termination of the allowance which must coincide with 
issuance of the allowance and must include a written referral to 
the local agency.  Upon sending a notice of termination, the 
commissioner shall forward copies of applications, 
verifications, and other documents related to the person's 
eligibility for and payments of general assistance to the local 
agency.  If the person applies to the local agency for general 
assistance before or on the final day of the period covered by 
the allowance, the person is eligible for general assistance, 
and the local agency shall issue a general assistance payment to 
cover the calendar month immediately following the calendar 
month covered by the last allowance.  The local agency shall use 
verifications obtained in its determination of eligibility 
pursuant to section 256D.112 and those provided by the 
commissioner and may only require the applicant to supply 
verification of factors that the local agency has reason to 
believe have changed. 
    Sec. 53.  Minnesota Statutes 1983 Supplement, section 
357.021, subdivision 2a, is amended to read: 
    Subd. 2a.  [CERTAIN FEE PURPOSES.] Of the marriage 
dissolution fee collected pursuant to subdivision 1, the clerk 
shall pay $35 to the state treasurer to be deposited in the 
general special revenue fund to be used as follows:  $15 for the 
purposes of funding grant programs for emergency shelter 
services and support services to battered women under sections 
241.61 to 241.66 and for administering displaced homemaker 
programs established under section 4.40; and $20 is appropriated 
to the commissioner of corrections for the purpose of funding 
emergency shelter services and support services to battered 
women, on a matching basis with local money for 20 percent of 
the costs and state money for 80 percent.  Of the $15 for the 
purposes of funding grant programs for emergency shelter 
services and support services to battered women under sections 
241.61 to 241.66 and for administering displaced homemaker 
programs established under section 4.40, $6.75 is appropriated 
to the commissioner of corrections and $8.25 is appropriated to 
the commissioner of economic security.  The commissioner of 
economic security may use money appropriated in this subdivision 
for the administration of a displaced homemaker program 
regardless of the date on which the program was established.  
The state treasurer shall identify and report to the 
commissioner of finance all amounts deposited in the general 
fund under this section.  
    Sec. 54.  Minnesota Statutes 1983 Supplement, section 
517.08, subdivision 1c, is amended to read: 
    Subd. 1c.  [DISPOSITION OF LICENSE FEE.] Of the marriage 
license fee collected pursuant to subdivision 1b, the clerk 
shall pay $25 to the state treasurer to be deposited in the 
general special revenue fund to be used as follows:  $15 for the 
purposes of funding grant programs for emergency shelter 
services and support services to battered women under sections 
241.61 to 241.66 and for administering displaced homemaker 
programs established by July 1, 1983, under section 4.40; and 
$10 is appropriated to the commissioner of economic security for 
the purpose of funding displaced homemaker programs established 
after July 1, 1983, under section 4.40 in areas of the state 
where those programs previously did not exist or adjunct 
programs that extend access to current programs in northeastern 
Minnesota, on a matching basis with local funds providing 20 
percent of the costs and state funds providing 80 percent.  Of 
the $15 for the purposes of funding grant programs for emergency 
shelter services and support services to battered women under 
sections 241.61 to 241.66 and for administering displaced 
homemaker programs established by July 1, 1983, under section 
4.40, $6.75 is appropriated to the commissioner of corrections 
and $8.25 is appropriated to the commissioner of economic 
security.  The commissioner of economic security may transfer 
money to and from the appropriation designated in this 
subdivision for the administration of displaced homemaker 
programs established by July 1, 1983, and the appropriation 
designated for programs established after July 1, 1983, if 
necessary to continue the administration of programs established 
by July 1, 1983, while developing and administering programs 
established after that date as required in this subdivision.  
    The state treasurer shall identify and report to the 
commissioner of finance all amounts deposited in the general 
fund and appropriated under this section.  
    Sec. 55.  Laws 1983, chapter 199, section 17, subdivision 
2, is amended to read: 
    Subd. 2.  The commission shall consist of six seven members 
of the house of representatives appointed by the speaker and six 
seven members of the senate appointed by the subcommittee on 
committees. 
    Sec. 56.  [LABORATORY FEES.] 
    Notwithstanding Laws 1983, chapter 312, article 1, section 
7, subdivision 2, the commissioner of health shall charge a fee 
of not less than $5 for medical laboratory services for which 
fees are charged under section 144.123.  
    Sec. 57.  [MORATORIUM ON HOSPITAL CAPACITY EXPANSION.] 
    Subdivision 1.  [RESTRICTED CONSTRUCTION OR MODIFICATION.] 
Until June 30, 1987, the following construction or modification 
may not be commenced:  
    (1) any erection, building, alteration, reconstruction, 
modernization, improvement, extension, lease, or other 
acquisition by or on behalf of a hospital that increases the bed 
capacity of a hospital, relocates hospital beds from one 
physical facility, complex, or site to another, or otherwise 
results in an increase or redistribution of hospital beds within 
the state; and 
    (2) the establishment of a new hospital.  
    This section does not apply to:  
    (1) a hospital, clinic, or other health care facility that 
is a national referral center engaged in substantial programs of 
patient care, medical research, and medical education meeting 
state and national needs that receives more than 40 percent of 
its patients from outside the state of Minnesota;  
    (2) a project for construction or modification for which a 
health care facility held an approved certificate of need on May 
1, 1984, regardless of the date of expiration of the certificate;
    (3) a project for which a certificate of need was denied 
prior to the date of enactment of this act if a timely appeal 
results in an order reversing the denial; or 
    (4) a project exempted from certificate of need 
requirements by Laws 1981, chapter 200, section 2.  
    Nothing in this section prohibits the relocation or 
redistribution of hospital beds within a hospital building or 
identifiable complex of buildings provided the relocation or 
redistribution does not result in:  (1) an increase in the 
overall bed capacity at that site; (2) relocation of hospital 
beds from one physical site or complex to another; or (3) 
redistribution of hospital beds within the state or a region of 
the state.  
    Subd. 2.  [EMERGENCY WAIVER.] The commissioner shall grant 
an emergency waiver from the provisions of this section if the 
need for the project is a result of fire, tornado, flood, storm 
damage or other similar disaster, if adequate health care 
facilities are not available for the people who previously used 
the applicant facility and if the request for an emergency 
waiver is limited in nature and scope only to those repairs 
necessitated by the natural disaster.  
    Subd. 3.  [ENFORCEMENT.] The district court in Ramsey 
County has jurisdiction to enjoin an alleged violation of 
subdivision 1.  At the request of the commissioner of health, 
the attorney general may bring an action to enjoin an alleged 
violation.  The commissioner of health shall not issue a license 
for any portion of a hospital in violation of subdivision 1.  No 
hospital in violation of subdivision 1 may apply for or receive 
public funds under chapters 245 to 256B, or from any other 
source.  
    Subd. 4.  [DEFINITIONS.] Except as indicated in this 
subdivision, the terms used in this section have the meanings 
given them under Minnesota Statutes 1982, sections 145.832 to 
145.845 and the rules adopted thereunder.  
    The term "hospital" has the meaning given it in section 
144.696, subdivision 3.  
    Sec. 58.  [INSTRUCTION TO REVISOR.] 
    The revisor of statutes shall change the references to the 
commissioner or department of "public welfare" wherever they 
appear in the Minnesota Statutes to refer to the commissioner or 
department of "human services" in Minnesota Statutes 1984.  
    Sec. 59.  [REPEALER.] 
    Minnesota Statutes 1982, section 256E.07, subdivision 3, 
and Laws 1983, chapter 289, section 102, are repealed.  
    Sec. 60.  [APPLICATION.] 
    The changes mandated by section 45 of this article are 
effective only for money appropriated in section 2, clause (a). 
Funds appropriated prior to the effective date of this act shall 
continue to be allocated as provided in Laws 1983, chapter 312, 
article 7, section 5.  
    Sec. 61.  [EFFECTIVE DATES.] 
    Sections 7, 17 to 21, 23, 24, 39 to 49, 53 to 56, 59, and 
60 are effective the day following final enactment. Sections 26 
to 29, 32, 35, 37, and section 34, subdivision 2, clause (i) are 
effective June 1, 1984.  Section 34, subdivision 2, clauses (k) 
and (l) are effective October 1, 1984. 
    Approved May 2, 1984

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