Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1983, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983
CHAPTER 293--S.F.No. 1233
An act relating to the organization and operation of
state government; appropriating money for the
department of transportation and for other agencies
with certain conditions; fixing and limiting fees;
providing for the promotion of Minnesota agricultural
products; regulating commerce in seeds; establishing a
seed laboratory; providing for adjustments of
responsibilities of the department of agriculture for
soil and water conservation; allowing limited donation
of accumulated vacation time by certain law
enforcement employees to their union representative;
providing for deposit of proceeds of assessment by the
assigned risk review board; regulating financial
assistance to public transit systems; limiting certain
hearing functions of the transportation regulation
board; transferring certain rules authority to the
transportation regulation board; defining enforcement
powers of the hazardous material specialists and
transportation representatives of the department of
transportation; defining terms and requirements for
building movers; crediting certain receipts of the
commissioner of transportation to the trunk highway
fund; providing for certain costs to be paid from the
trunk highway fund; authorizing the commissioner of
transportation to enforce certain carrier regulations;
establishing the position of executive director of the
Minnesota humane society; extending retirement
coverage of certain employees of the department of
transportation from age 60 to age 62 and providing for
disability benefits; transferring and renaming the air
transportation revolving account; instructing the
commissioner of transportation to charge users of
certain air transportation services for certain costs;
limiting fare increases by the metropolitan transit
commission; basing taxing for the metropolitan transit
taxing district upon the level of transit service
provided; providing for the disposition of proceeds of
certain trunk highway bonds; reducing the amount
appropriated from the bridge construction account in
the trunk highway fund to the department of
transportation; establishing a temporary legislative
study commission on metropolitan transit; providing
for a capital improvement account in the trunk highway
fund as the deposit account for proceeds from certain
trunk highway bonds to be further transferred to the
department of transportation for certain purposes;
imposing penalties; amending Minnesota Statutes 1982,
sections 12.14; 15.059, subdivision 5; 17.101; 17A.04,
subdivision 5; 18.51, subdivision 2; 18.52,
subdivision 5; 18.53; 18.54; 18A.22, subdivisions 5
and 7; 18A.26; 27.041, subdivision 2; 28A.08; 28A.09;
32.075; 32.59; 34.02; 34.05, subdivision 1; 40.03,
subdivision 2, as amended; 41.61, subdivision 1, as
amended; 43A.04, by adding a subdivision; 70A.06, by
adding a subdivision; 79.251, subdivision 1; 155A.07,
subdivision 7; 155A.08, subdivision 5; 169.81,
subdivision 3b; 169.86, subdivision 5; 169.862;
170.23; 171.26; 171.29, subdivision 2; 173.07,
subdivision 2; 173.08, subdivision 1; 173.13,
subdivision 4; 174.24, subdivision 3; 174A.02,
subdivision 2; 174A.06; 221.061; 221.071; 221.131;
221.221; 221.296, subdivision 5; 221.64; 221.81;
296.17, subdivisions 10, 17, and 20; 296.25,
subdivision 1; 299C.37, subdivision 3; 299C.46,
subdivision 3; 343.01, subdivision 3; 352.86,
subdivision 1; and by adding a subdivision; 360.018,
subdivision 1; 360.63; 473.408, subdivision 3, and by
adding a subdivision; 473.436, by adding a
subdivision; 473.446, subdivision 1, as amended;
500.221, subdivision 4; 626.553, subdivision 2;
626.88, subdivisions 2 and 3; Laws 1975, chapter 235,
section 2; Laws 1977, chapter 277, sections 1 and 3,
subdivision 1; and Laws 1983, chapter 17, section 12;
proposing new law coded in Minnesota Statutes,
chapters 10A; 21; 221; and 360; repealing Minnesota
Statutes 1982, sections 21.47; 21.48; 21.49; 21.50;
21.502; 21.503; 21.51; 21.52; 21.53; 21.54; 21.55;
21.56; 21.57; 21.58; 24.24; 24.25; 24.26; 24.27; 24.28;
24.29; 24.30; 24.31; 160.26, subdivision 3; 174A.07;
299C.37, subdivision 4; 326.54; 326.541; 326.542;
326.543; 326.544; 326.545; 326.546; and 326.547.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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
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
TOTAL $10,000 $909,639,800 $914,553,700 $1,824,203,500
APPROPRIATIONS
Available for the Year
Ending June 30
1984 1985
Sec. 2. TRANSPORTATION
Subdivision 1. Total Department
Appropriation $798,913,700 $804,853,200
Approved Complement - 4425
General - 16
State Airports - 37
Trunk Highway - 4371
Federal - 1
The appropriations in this section are
from the trunk highway fund, except
where another fund is designated.
Of this appropriation, $24,862,800 the
first year and $23,933,800 the second
year is from the general fund;
$9,311,900 the first year and
$10,310,400 the second year is from the
state airports fund; $51,500,000 the
first year and $54,100,000 the second
year is from the municipal state aid
street fund; $154,900,000 the first
year and $163,400,000 the second year
is from the county state aid highway
fund; $558,339,000 the first year and
$553,109,000 the second year is from
the trunk highway fund.
Subd. 2. Highway Development 566,923,700 573,418,700
Trunk Highway Development
1984 1985
$342,824,000 $335,308,700
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.
Subd. 3. Highway Operations 144,188,200 145,306,300
The amounts that may be expended from
this appropriation for each activity
are as follows:
Maintenance
$ 99,572,600 $100,685,400
Maintenance Preservation
$ 7,503,000 $ 7,501,000
Construction Support
$ 37,112,600 $ 37,119,900
Subd. 4. Technical Services 28,573,600 28,158,500
The amounts that may be expended from
this appropriation for each activity
are as follows:
Engineering Services
$ 18,024,800 $ 17,629,100
This appropriation includes $1,400,000
each year for the purpose of delivery
of an expanded highway development
program. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it.
Engineering Development
$ 6,890,400 $ 6,872,600
$75,000 the first year and $75,000 the
second year is for a transportation
research contingent account to finance
research projects that are reimbursable
from the federal government or from
other sources. Expenditures from this
account are subject to the approval of
the commissioner of finance.
Reimbursements shall be deposited in
the trunk highway fund. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
State Aid Technical Assistance
$ 656,000 $ 656,000
The variance committee shall be
continued during the biennium ending
June 30, 1985.
Electronic Communications
$ 1,796,400 $ 1,794,900
Environmental Services
$ 1,206,000 $ 1,205,900
For the fiscal biennium ending June 30,
1985, the commissioner shall spend no
money to acquire or condemn outdoor
advertising devices as defined in
Minnesota Statutes, chapter 173.
Subd. 5. Public
Transportation Assistance 23,352,600 22,452,600
The appropriations in this subdivision
are from the general fund.
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
The amounts that may be expended from
these appropriations for each activity
are as follows:
(a) Rail Service Improvements
$400,000 $400,000
This appropriation is for the purpose
of supporting AMTRAK operation of the
Northstar line between Minneapolis-St.
Paul and Duluth.
(b) Metro Mobility
$ 5,000,000 $ 5,000,000
The commissioner of transportation
shall evaluate the financial benefits
and service consequences of seeking
competitive bids for the provision of
services for metro mobility. If the
commissioner concludes that competitive
bidding may reduce the cost of
providing service, he should pursue the
use of competitive bidding where
appropriate during the biennium ending
June 30, 1985.
(c) Private Operators
$ 965,100 $ 965,100
(d) Non-MTC Assistance Statewide
$ 5,434,200 $ 5,434,200
(e) Metropolitan Transit Commission
$ 11,553,300 $ 10,653,300
$6,565,800 the first year and
$5,665,800 the second year is for state
operating assistance grants.
Of this appropriation, $200,000 the
second year is available to the
metropolitan transit commission only
upon certification to the commissioner
of transportation that the additional
allocation will be used for the purpose
of reducing the overall peak or
off-peak fare rates below the level
existing on June 30, 1983. This
restriction shall not prevent the
metropolitan transit commission from
certifying to the commissioner the
necessity of this additional allocation
in fiscal year 1985 due to reductions
in the overall peak or off-peak fare
rates occurring after June 30, 1983 and
before July 1, 1984. In the event that
less than $200,000 is required, the
commissior shall transfer only the
amount certified.
$4,987,500 the first year and
$4,987,500 the second year is for
social fare reimbursement grants.
For the fiscal biennium ending June 30,
1985, the metropolitan transit
commission may continue the existing
$.15 surcharge on fares during the peak
hours. The metropolitan transit
commission shall not increase its base
fare beyond the level existing on June
30, 1983.
During the biennium ending June 30,
1985, the chairman of the metropolitan
transit commission may appoint five
persons in the unclassified service,
not to exceed any other statutory
complement limitation.
Subd. 6. Program Management 5,774,200 5,766,500
The amounts that may be expended from
this appropriation for each activity
are as follows:
Highway Programs
$ 1,355,300 $ 1,355,300
Of this amount $175,000 the first year
and $175,000 the second year is
available for grants to regional
development commissions outside the
seven-county metropolitan area for
transportation studies to identify
critical concerns, problems, and issues.
Motor Carrier Safety and Compliance
$ 902,200 $ 869,300
This appropriation is from the general
fund.
Railroads and Waterways
$ 749,400 $ 749,700
$223,100 the first year and $223,300
the second year is from the general
fund.
Transit Administration
$ 543,400 $ 543,400
$345,300 the first year and $345,300
the second year is from the general
fund.
Transportation Information and
Support
$ 2,223,900 $ 2,248,800
Subd. 7. General Support 20,851,800 19,500,700
The amounts that may be expended from
this appropriation for each activity
are as follows:
Finance and Administration
$ 8,051,500 $ 8,054,700
General Services
$ 3,635,900 $ 3,939,000
$36,100 the first year and $37,900 the
second year is from the general fund.
$56,200 the first year and $58,600 the
second year is from the state airports
fund.
If an appropriation in this section for
data processing development for either
year is insufficient, the appropriation
for the other year is available for it.
Equipment
$ 8,273,400 $ 6,566,800
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$3,500 the first year and $5,400 the
second year is from the general fund.
$6,100 the first year and $1,900 the
second year is from the state airports
fund.
Legal Services
$ 891,000 $ 940,200
This appropriation is for the purchase
of legal services from or through the
attorney general.
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
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
$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
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.
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. 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.
Transfers shall be reported forthwith
to the committee on finance of the
senate and the committee on
appropriations of the house of
representatives.
Subd. 10. Contingent Appropriations
(a) The commissioner of transportation,
with the approval of the governor after
consultation with the legislative
advisory commission, may transfer all
or part of the unappropriated balance
in the state airports fund to an
appropriation for state airports
purposes in order to meet an emergency
or to take advantage of an
unanticipated receipt of income to the
state airports fund. The amount
transferred is appropriated for the
purpose of the account to which it is
transferred.
(b) The commissioner of transportation,
with the approval of the governor after
consultation with the legislative
advisory commission, may transfer all
or part of the unappropriated balance
in the trunk highway fund to an
appropriation for trunk highway
purposes in order to meet an emergency
or to take advantage of an
unanticipated receipt of income to the
trunk highway fund. The amount
transferred is appropriated for the
purpose of the account to which it is
transferred.
Sec. 3. TRANSPORTATION
REGULATION BOARD 375,200 375,200
Approved Complement - 8
Four support positions, with their
incumbents, are transferred from the
public utilities commission to the
transportation regulation board.
One support position and its incumbent
are transferred from the department of
transportation to the transportation
regulation board.
This appropriation is from the trunk
highway fund.
Sec. 4. PUBLIC SAFETY
Subdivision 1. General Operations
and Management 68,134,000 68,181,700
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 the
first year and $7,227,700 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.
Subd. 2. Administration and Related Services
$ 2,715,000 $ 2,739,800
$2,581,600 the first year and
$2,603,000 the second year is from the
trunk highway fund.
$133,400 the first year and $136,800
the second year is from the highway
user tax distribution fund.
Subd. 3. Emergency Services
$ 878,800 $ 784,900
Subd. 4. Criminal Apprehension
$ 10,022,000 $ 9,816,600
The commissioner may use this
appropriation for the purpose of
matching private donations for
conducting research on driver
impairment.
Of this appropriation, $1,060,100 the
first year and $735,000 the second year
is from the trunk highway fund for
blood alcohol analysis.
$212,700 the first year and $219,100
the second year is for use by the
bureau of criminal apprehension for the
purpose of investigating
cross-jurisdictional criminal
activity. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year of the biennium.
$59,500 the first year and $59,700 the
second year is for the bureau of
criminal apprehension to continue to
provide in-service training for peace
officers on a regional basis.
$171,000 the first year and $171,000
the second year is for grants to local
officials for the cooperative
investigation of cross-jurisdictional
criminal activity. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year of the biennium.
$38,000 the first year and $38,000 the
second year is for reimbursing
political subdivisions for training
peace officers and firefighters in the
conduct of arson investigations.
Any unliquidated balance of data
processing development money remaining
in the first year does not cancel but
is available for the second year of the
biennium.
Subd. 5. Fire Safety
$ 1,474,500 $ 1,484,300
$11,700 the first year and $12,200 the
second year is for reimbursing
political subdivisions who enter into
agreements to perform uniform fire code
inspections.
Subd. 6. State Patrol
$ 29,538,800 $ 29,914,800
Except for $330,600 the first year and
$345,800 the second year from the
general fund for executive protection,
this appropriation is from the trunk
highway fund.
The commissioner may assign up to ll
pilots to the air patrolling of
highways.
This appropriation provides sufficient
money to operate the mobile truck
weighing program on a 12 month basis.
No more than five positions in the
state patrol support activity shall be
filled by state troopers.
The commissioner may not require the
use of gasohol in the operation of
state patrol vehicles.
Subd. 7. Capitol Security
$ 728,500 $ 722,300
Subd. 8. Driver and Vehicle Licensing
$ 21,234,600 $ 21,435,000
Of this appropriation, $10,459,900 the
first year and $10,583,700 the second
year is from the trunk highway fund,
and $7,090,900 the first year and
$7,234,700 the second year is from the
highway user tax distribution fund.
$500,000 the first year and $500,000
the second year is for alcohol
assessment reimbursements to counties.
Any unliquidated balance of data
processing development money remaining
in the first year does not cancel but
is available for the second year of the
biennium.
Subd. 9. Liquor Licensing
$ 506,000 $ 506,200
During the biennium ending June 30,
1985, the liquor control program shall
concentrate its activities along the
border areas of Minnesota.
Subd. 10. Ancillary Services
$ 892,400 $ 921,600
$137,100 the first year and $137,100
the second year is from the trunk
highway fund for traffic safety and
research.
$654,000 the first year and $683,100
the second year is for the crime
victims reparations board. Any
unencumbered balance remaining the
first year does not cancel but is
available for the second year of the
biennium.
$45,000 the first year and $45,000 the
second year is from the state airports
fund for the civil air patrol.
$56,300 the first year and $56,400 the
second year is for the expenses of the
Private Detective and Protective Agency
Licensing Board.
Subd. 11. Transfers
The commissioner of public safety with
the approval of the commissioner of
finance may transfer unencumbered
balances not specified for a particular
purpose among the above programs within
funds. Transfers shall be reported
forthwith to the committee on finance
of the senate and the committee on
appropriations of the house of
representatives.
Subd. 12. Reimbursements
(a) The sums of $382,500 for the first
year and $385,900 for the second year
are appropriated from the general fund
for transfer by the commissioner of
finance to the trunk highway fund on
January 1, 1984 and January 1, 1985
respectively, in order to reimburse the
trunk highway fund for expenses not
related to the fund. These represent
amounts appropriated out of the trunk
highway fund for general fund purposes
in the administration and related
services program.
(b) The sums of $384,400 for the first
year and $411,300 for the second year
are appropriated from the highway user
tax distribution fund for transfer by
the commissioner of finance to the
general fund on January 1, 1984 and
January 1, 1985 respectively, in order
to reimburse the general fund for
expenses not related to the fund.
These represent amounts appropriated
out of the general fund for operation
of the criminal justice data network
related to driver and motor vehicle
licensing.
(c) The sums of $333,200 for the first
year and $329,400 for the second year
are appropriated from the highway user
tax distribution fund for transfer by
the commissioner of finance to the
trunk highway fund on January 1, 1984
and January 1, 1985 respectively, in
order to reimburse the trunk highway
fund for expenses not related to the
fund. These represent amounts
appropriated out of the trunk highway
fund for highway user fund purposes in
the administration and related services
program.
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.
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.
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 appropriation 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. 6. BOARD OF ANIMAL HEALTH
General Operations and Management 1,237,600 1,198,000
Approved Complement - 35
This appropriation includes $40,000 the
first year and $40,000 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. 7. COMMERCE
General Operations and Management 7,501,900 7,530,300
Approved Complement - 220
General - 217
Special - 3
Of this appropriation, $7,316,600 the
first year and $7,336,300 the second
year are from the general fund; and
$185,300 the first year and $194,000
the second year are from the special
revenue fund.
The amounts that may be expended from
this appropriation for each program are
as follows:
Supervision of State-Chartered Financial
Institutions
$ 2,599,100 $ 2,612,000
During the biennium ending June 30,
1985, the commissioner of banks shall
cooperate with the state treasurer in
the conduct of audits relating to
unclaimed property.
Investment Protection
$ 1,127,600 $ 1,135,900
$185,300 the first year and $194,000
the second year 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. If the
appropriation from the special revenue
fund for either year is insufficient,
the appropriation for the other year is
available for it.
Consumer Services
$ 1,043,300 $ 1,050,600
Regulation of Insurance Companies
$ 2,042,900 $ 2,042,900
This appropriation includes $35,000 the
first year and $35,000 the second year
for costs associated with the assigned
risk plan review board.
During the biennium ending June 30,
1985, the commissioner of insurance
shall cooperate with the state
treasurer to improve procedures for
notifying beneficiaries of the death of
life insurance policyholders.
General Support
$ 689,000 $ 688,900
The commission 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. 8. [NON-HEALTH RELATED BOARDS.]
Subdivision 1. Total for this
section 2,665,100 2,644,100
Subd. 2. Board of Abstractors 3,800 3,700
Subd. 3. Board of Accountancy 238,500 218,200
If the department of administration has
not approved purchase of a
microcomputer and related software by
July 1, 1983, the board of accountancy,
notwithstanding any other law to the
contrary, may purchase a microcomputer
and related software.
Approved Complement - 4
Subd. 4. Board of Architecture,
Engineering and Land Surveying 257,600 256,800
Approved Complement - 5
Subd. 5. Board of Barber
Examiners 106,200 106,200
Approved Complement - 3
Subd. 6. Board of Boxing 25,600 25,700
Approved Complement - 1
Subd. 7. Board of Electricity 677,300 677,500
Approved Complement - 18
Subd. 8. Board of Peace Officer
Standards and Training
General Operations and Management 1,356,100 1,356,000
Approved Complement - 9
$1,000,000 the first year and
$1,000,000 the second year is for peace
officers training pursuant to Minnesota
Statutes, section 626.86.
Sec. 9. PUBLIC UTILITIES
COMMISSION 1,122,400 1,120,500
Approved Complement - 27
Sec. 10. PUBLIC SERVICE
General Operations and Management 3,267,300 3,272,900
Approved Complement - 86
The amounts that may be expended from
this appropriation for each program are
as follows:
Utility Regulation
$ 1,259,700 $ 1,265,700
Weights and Measures
$ 1,572,600 $ 1,572,400
Administrative Services
$ 435,000 $ 434,800
The public service department 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 in the
house of representatives.
Sec. 11. ETHICAL PRACTICES BOARD 172,100 171,900
Approved Complement - 5
Sec. 12. MINNESOTA MUNICIPAL
BOARD 192,200 200,700
Approved Complement - 4
Sec. 13. MINNESOTA-WISCONSIN
BOUNDARY AREA COMMISSION 65,800 67,600
Sec. 14. UNIFORM LAWS
COMMISSION 12,300 11,600
Sec. 15. VOYAGEURS NATIONAL
PARK CITIZENS COMMITTEE 53,700 50,800
Sec. 16. SOUTHERN MINNESOTA
RIVERS BASIN BOARD 52,400 52,300
Sec. 17. MINNESOTA HISTORICAL
SOCIETY 7,341,200 7,294,600
The amounts that may be expended from
this appropriation for each program are
as follows:
(a) Minnesota Historical Society
Operations
$ 6,898,800 $ 6,891,400
This appropriation includes money for a
seven-day-a-week tour program in the
capitol and historical buildings. The
historical building shall remain open
for public use on Saturdays and, if
necessary, adjustments in the remainder
of the weekday schedule may be effected
by the Minnesota historical society.
Any unencumbered balance remaining at
the end of the first year shall be
returned to the state treasury and
credited to the general fund.
The appropriation in this subdivision
includes no money for compensation
increases. The Minnesota historical
society will draw on the salary
supplement appropriation for that
purpose. Employees of the Minnesota
historical society will be paid in
accordance with the appropriate pay
plan.
(b) Historic Grant-In-Aid
$ 246,200 $ 246,200
For historic site grants to encourage
local historic preservation projects.
To be eligible for a grant, a county or
local project group must provide a 50
percent match, in accordance with the
historical society's guidelines.
(c) Fiscal Agent
$ 196,200 $ 157,000
$51,100 the first year and $51,900 the
second year is for the Sibley House
Association.
This appropriation is available for
operation and maintenance of the Sibley
House and related buildings on the Old
Mendota state historic site owned by
the Sibley House association.
The historical society should seek an
agreement with the Sibley House
association whereby the historical
society will make payments to the
association for this purpose and will
provide the association with technical
assistance in applying for federal
grants.
Notwithstanding any laws to the
contrary, the Sibley House association
may purchase fire, wind, hail, and
vandalism insurance, and insurance
coverage for fine art objects from this
appropriation.
$55,000 the first year and $55,000 the
second year is for the Government
Learning Center.
$32,100 the first year and $32,100 the
second year is for the Minnesota
Humanities Commission.
$18,000 the first year and $18,000 the
second year is for the Minnesota
International Center.
$40,000 in the first year is for the
purpose of maintaining Minnesota
military history museums at Fort
Snelling and Camp Ripley.
Any unencumbered balance remaining in
(b) or (c) the first year does not
cancel but is available for the second
year of the biennium.
Sec. 18. BOARD OF THE ARTS 2,020,600 2,068,900
Approved Complement - 11
General - 8
Federal - 3
The amounts that may be expended from
this appropriation for each program are
as follows:
(a) Administrative Services
$ 232,200 $ 232,200
(b) Subsidies and Grants
$ 1,788,400 $ 1,836,700
$75,000 the first year and $75,000 the
second year is for individual artist
grants.
The board of the arts shall report to
the chairman of the senate finance
committee and the chairman of the house
appropriations committee by January 1,
1984 concerning its success at
obtaining money from federal, private,
and other sources to match state money
appropriated for individual artists
grants.
$50,000 the first year and $50,000 the
second year is for arts in education.
$688,800 the first year and $737,100
the second year is for the support of
regional arts councils throughout the
state.
Any unencumbered balance remaining in
(a) or (b) the first year does not
cancel but is available for the second
year of the biennium.
Sec. 19. MINNESOTA HUMANE
SOCIETY 43,800
No state money shall be expended for
the care, feeding, housing, or disposal
of animals.
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
Sec. 20. MINNESOTA
HORTICULTURAL SOCIETY 67,900 67,900
Sec. 21. MINNESOTA
ACADEMY OF SCIENCE 20,400 20,500
Sec. 22. SCIENCE
MUSEUM OF MINNESOTA 273,400 290,500
Sec. 23. MINNESOTA
SAFETY COUNCIL 50,700 50,700
This appropriation is from the trunk
highway fund.
Sec. 24. DISABLED
AMERICAN VETERANS 20,100 20,100
For salaries, supplies, and expenses to
be expended as provided by Laws 1941,
chapter 425.
Sec. 25. VETERANS OF
FOREIGN WARS 25,000 25,000
For carrying out the provisions of Laws
1945, chapter 455.
Sec. 26. GENERAL CONTINGENT 650,000 650,000
ACCOUNTS
The appropriations in this section
shall be expended with the approval of
the governor after consultation with
the legislative advisory commission
pursuant to Minnesota Statutes, section
3.30.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it. this appropriation
for each purpose are more specifically
described in the following subdivisions
of this section.
Trunk Highway Fund
$ 400,000 $ 400,000
Highway User Tax Distribution
Fund
$ 250,000 $ 250,000
Sec. 27. TORT CLAIMS 600,000 600,000
To be disbursed by the commissioner of
finance.
This appropriation is from the trunk
highway fund.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 28. Minnesota Statutes 1982, section 12.14, is
amended to read:
12.14 [ASSESSMENT FOR NUCLEAR SAFETY PREPAREDNESS ACT.]
Any person, firm, corporation or association in the
business of owning or operating a nuclear fission electrical
generating plant located in Minnesota, shall pay an assessment
of $250,000 per plant to cover the initial cost of upgrading
nuclear power plant emergency response plans and other programs
necessary to deal with incidents resulting from the operation of
nuclear fission electrical generating plants. This assessment
shall be paid to the state for deposit in the general fund
within 90 days of April 25, 1980. Thereafter, An assessment of
$75,000 $100,000 per plant shall be paid annually on July 1 of
each year, beginning with July 1, 1981, to cover ongoing costs
related to the emergency response plan.
Sec. 29. Minnesota Statutes 1982, section 17.101, is
amended to read:
17.101 [PROMOTIONAL ACTIVITIES.]
Subdivision 1. [DEPARTMENTAL DUTIES.] For the purposes of
expanding, improving, and developing the markets for products of
Minnesota agriculture, the commissioner of agriculture shall
encourage and promote the marketing of these products by means
of promotional activities such as advertising and other
appropriate activities:
(a) advertising Minnesota agricultural products;
(b) assisting state agricultural commodity organizations;
(c) developing methods to increase processing and marketing
of agricultural commodities including commodities not being
produced in Minnesota on a commercial scale, but which may have
economic potential in national and international markets;
(d) investigating and identifying new marketing technology
and methods to enhance the competitive position of Minnesota
agricultural products;
(e) evaluating livestock marketing opportunities;
(f) assessing and developing national and international
markets for Minnesota agricultural products;
(g) studying the conversion of raw agricultural products to
manufactured products including ethanol;
(h) hosting the visits of foreign trade teams to Minnesota
and defraying the teams' expenses;
(i) assisting Minnesota agricultural businesses desiring to
sell their products in national and international markets; and
(j) other activities the commissioner deems appropriate to
promote Minnesota agricultural products in national and
international markets.
Subd. 2. [AGRICULTURAL DEVELOPMENT GRANTS.] In order to
carry out the duties in subdivision 1, the commissioner, in
addition to whatever other resources the department may commit,
shall make grants and enter into contracts to fulfill the
obligations of subdivision l. The commissioner may contract
with, among others, agricultural commodity organizations and
agriculture related businesses to fulfill the duties. The
commissioner shall make permanent or temporary rules for the
administration of these grants and contracts. The rules shall
specify at a minimum:
(a) eligibility criteria;
(b) application procedures;
(c) provisions for application review and project approval;
(d) provisions for program monitoring and review for all
approved grants and contracts; and
(e) other provisions the commissioner finds necessary.
Contracts entered into by the commissioner pursuant to this
subdivision shall not exceed 75 percent of the cost of the
project supported by the commissioner's grant. In any biennium,
no organization shall receive more than $70,000 in grants from
the commissioner.
Subd. 3. [AUDITS.] The books, records, documents, and
accounting procedures and practices of any organization
receiving a grant from the commissioner under the provisions of
subdivision 2 shall be subject to examination by the
department. The commissioner may prescribe uniform methods of
accounting to be used by grant recipients.
Subd. 4. [ADVISORY GROUP.] The commissioner may establish
an ad hoc advisory group to assist him in evaluating grant
requests made pursuant to subdivision 2.
Sec. 30. Minnesota Statutes 1982, section 17A.04,
subdivision 5, is amended to read:
Subd. 5. [LICENSE FEE.] The applicant shall submit to the
commissioner the following applicable fee or fees and penalties
for late renewal:
(1) $120 (a) $150 for each livestock market agency and
public stockyard license, penalty $38; (2) $42 for each
livestock dealer license; and (3) $24 for each agent license
(b) $50 for each livestock dealer license, penalty $13;
(c) $30 for each agent of a livestock dealer license,
penalty $10;
(d) $50 for each meat packing company license, penalty $13;
(e) $30 for each agent of a meat packing company license,
penalty $10.
Sec. 31. Minnesota Statutes 1982, section 18.51,
subdivision 2, is amended to read:
Subd. 2. [FEES; PENALTY.] Each A nurseryman shall be
required to pay an annual fee before the commissioner shall
issue a certificate of inspection. This fee shall be based on
the area of all of his nurseries as follows:
Nurseries:
(1) 1/2 acre or less $25 $30 per nurseryman
(2) Over 1/2 acre to and
including 2 acres $35 $50 per nurseryman
(3) Over 2 acres to and
including 10 acres $60 $100 per nurseryman
(4) Over 10 acres to and
including 50 acres $160 $300 per nurseryman
(5) Over 50 acres $400 $600 per nurseryman
In addition to the above fees, a minimum penalty of $10 or
25 percent of the fee due, whichever is greater, shall be
charged for any application for renewal not received by January
1 of the year following expiration of a certificate.
Sec. 32. Minnesota Statutes 1982, section 18.52,
subdivision 5, is amended to read:
Subd. 5. [FEES; PENALTY.] Each A dealer is required to
shall pay an annual fee. The fee charged shall be based on the
dealer's gross sales of the dealer during the preceding
certificate year. In the case of A dealer operating for the
first year, will pay the minimum fee will suffice.
Dealers:
(1) Gross sales up to at a location
$1,000 $20 $30 per location
(2) Gross sales over $1,000 at a location
and up to $5,000 $30 $40 per location
(3) Gross sales over $5,000 at a location
up to $10,000 $45 $70 per location
(4) Gross sales over $10,000 at a location
up to $25,000 $70 $100 per location
(5) Gross sales over $25,000 at a location
up to $75,000 $115 $150 per location
(6) Gross sales over $75,000 at a location
up to $100,000 $175 $220 per location
(7) Gross sales over $100,000 at a location
$250 $330 per location
In addition to the above fees, a minimum penalty of $10 or
25 percent of the fee due, whichever is greater, shall be
charged for any application for renewal not received by January
1 of the year following expiration of a certificate.
Sec. 33. Minnesota Statutes 1982, section 18.53, is
amended to read:
18.53 [GREENHOUSE CERTIFICATION.]
The commissioner or his employee may inspect and certify
greenhouses and greenhouse plants as being free from plant pests
upon request of the greenhouse operator and issue a greenhouse
certificate. The fee is $25 $30 for each greenhouse operator.
Said The certificate shall expire expires on November 15 next
following the date of issue.
Sec. 34. Minnesota Statutes 1982, section 18.54, is
amended to read:
18.54 [LOCAL SALES AND MISCELLANEOUS.]
Subdivision 1. The commissioner or his employee may make
small lot inspections or perform other necessary services for
which another charge is not specified. For these services the
commissioner shall charge a fee of $10; in addition, a charge
may be made for the necessary expenses incurred by the inspector
set a fee plus expenses that will recover the cost of performing
this service, as provided in section 16A.128. The commissioner
may set an additional acreage fee for inspection of seed
production fields for exporters in order to meet domestic and
foreign plant quarantine requirements.
Subd. 2. The commissioner shall have the authority to
provide special services such as virus disease-free
certification and other similar programs. Participation by
nurserymen shall be voluntary. Plants offered for sale as
certified virus-free must be grown according to certain
procedures in a manner defined by the commissioner for the
purpose of eliminating viruses and other injurious disease or
insect pests. The commissioner may shall collect reasonable
fees from participating nurserymen for services and materials
that are necessary to conduct this type of work, as provided in
section 16A.128.
Sec. 35. Minnesota Statutes 1982, section 18A.22,
subdivision 5, is amended to read:
Subd. 5. [FEE.] Each application for registration and
renewal shall be accompanied by a registration fee of $10 $25
for each pesticide registered. All such These registrations
shall expire on December 31 of any one each year, unless
cancelled sooner.
Sec. 36. Minnesota Statutes 1982, section 18A.22,
subdivision 7, is amended to read:
Subd. 7. [LATE REGISTRATION.] If the renewal of a
pesticide registration is filed after December 31, or an
original application is filed after the first month the
pesticide is first manufactured or sold within this state, an
additional fee of $5 $10 shall be paid by the applicant before
the registration for that pesticide may be issued or renewed.
Sec. 37. Minnesota Statutes 1982, section 18A.26, is
amended to read:
18A.26 [LICENSE, REGISTRATION, DEALER, APPLICATOR, FEE.]
Subdivision 1. [RESTRICTED USE PESTICIDE DEALER LICENSE.]
(a) Any person offering for sale or having in his possession
with intent to distribute to the ultimate user a restricted use
pesticide and any private applicator purchasing from an
unlicensed source for his own use any restricted use pesticide
shall obtain a license from the commissioner. Application for a
restricted use pesticide dealer license shall be made upon the
forms and in the manner, which may include an examination, as
the commissioner requires to determine if the applicant is
qualified to sell restricted use pesticides.
(b) Application for a license requires payment of a fee of
$35 $50. Licenses shall be renewed annually prior to January 1,
upon receipt of a $35 $50 fee and the completed application form.
(c) If an application for renewal of a restricted use
pesticide dealer license is not filed prior to January 1 of any
one year, an additional fee of $10 $13 shall be paid by the
applicant before the renewal license may be issued.
(d) The dealer license shall not be transferable to another
person or to another location.
(e) Each licensed restricted use pesticide dealer shall be
responsible for the acts of each person employed by him in the
solicitation and sale of restricted use pesticides.
(f) Provisions of this subdivision shall not apply to:
(1) A licensed commercial applicator, noncommercial
applicator or structural pest control applicator who sells or
uses pesticides only as an integral part of his pesticide
application service;
(2) A federal, state, county, or municipal agency which
provides pesticides only for its own programs; and
(3) A duly licensed pharmacist, physician, dentist, or
veterinarian when administering or dispensing a restricted use
pesticide for use in man or other animal in his practice.
Subd. 2. [COMMERCIAL APPLICATOR LICENSE.] (a) No
commercial applicator shall use or supervise the use of any
pesticide without a commercial applicator's license issued by
the commissioner. Application for the license shall be made upon
forms and in such manner, which may include an examination, as
the commissioner may require. An aerial applicator shall secure
an endorsement to his license showing that he has been licensed
for commercial spraying or dusting operations, or both, in
accordance with chapter 360, and that he has passed an
examination prepared by the department of transportation and
administered by the department of agriculture, testing whether
he is knowledgeable in the aerial application of pesticides. A
person intending to apply pesticides in any public waters shall
secure an endorsement to his license showing that he has passed
an examination prepared by the department of natural resources
and administered by the department of agriculture, testing
whether he is knowledgeable in the application of pesticides in
water.
(b) The commissioner may renew any applicator's license,
subject to reexamination or other requirements imposed by the
commissioner to ensure that the applicator understands changing
technology and to assure a continuing level of competence and
ability to use pesticides safely and properly.
(c) Each application for a license shall require payment of
an annual fee of $10 $40 and an identification card fee of $7.50
$10 for the applicant and $7.50 $10 for each additional
identification card desired.
(d) If the renewal application is not filed prior to March
1 in any year, an additional fee of $5 $10 shall be paid by the
applicant before the renewal license may be issued.
(e) The license issued shall not be transferable to another
person.
(f) Every licensee or his designated operator shall have an
identification card when applying pesticides for hire and shall
display it upon demand of an authorized representative of the
commissioner or a law enforcement officer. The identification
card shall contain such information as the commissioner may by
rule require.
(g) A person required to be licensed under this subdivision
who carries on spraying or dusting operations for hire or who
employs or engages an applicator to carry on spraying or dusting
operations for hire, shall be responsible for proper application
of the material or device. He shall use materials, dosages,
formulas, devices and methods of application acceptable to the
commissioner based upon registered approved uses of the material
or device within limits prescribed by state and federal laws and
regulations. He shall not be held liable for the actions of a
chemical when applied in accordance with the recommendation of
the manufacturer or the commissioner.
Subd. 3. [STRUCTURAL PEST CONTROL APPLICATOR LICENSE,
REGISTRATION.] (a) No person shall engage in structural pest
control applications for hire unless registered or licensed by
the commissioner. Before any person shall engage in structural
pest control application he shall apply on forms supplied by the
commissioner for a registration or license to engage in such
activities. The commissioner shall determine from the
application and the statements contained therein if such
applicant is qualified to be registered or to receive a
license. The commissioner shall require the applicant to pass a
written or an oral examination, or both, and may also require a
practical demonstration regarding structural pest control. The
examination procedure, including all the phases and contents of
the examination, shall be established by the commissioner.
(b) A registration or license is effective until January 1
next following the date of its issuance, and may be renewed
annually on or before that date. Registrations or licenses are
not transferable to any other person.
(c) An No annual fee of $15 must need accompany an
application for registration or renewal where the applicant is
licensed by a political subdivision or municipality to engage in
structural pest control or $75. An annual fee of $100 must
accompany an application for registration or renewal if the
applicant is not so licensed. Employees of a person who is
registered or licensed under this subdivision shall pay a fee of
$10 $20 for an initial license or registration and a fee of $6
$20 for each renewal thereof. The commissioner may establish
other requirements for renewal as are necessary to assure
competence of registrants or licensees.
(d) In case a delinquency in the payment of the license or
registration renewal fee extends beyond three months the
licensee or registrant will be required to obtain a new license
or registration subject to all the requirements, procedures and
fees required for an initial license or registration.
(e) The commissioner shall establish categories of master,
journeyman, and apprentice in structural pest control
applications. No person shall engage in structural pest control
applications as a sole proprietorship, company, partnership, or
corporation unless he is licensed or registered as a master in
structural pest control applications or unless he employs a
person so licensed or registered.
(f) The commissioner shall notify each licensee or
registrant by mail that his fee is due and payable and if not
received before the expiration date of the registration or
license 50 percent will be added to the required annual renewal
fee or fees.
Subd. 4. [NONCOMMERCIAL APPLICATOR.] (a) No noncommercial
applicator may use a restricted use pesticide or supervise the
use of a restricted use pesticide without having a valid
noncommercial applicator license issued by the commissioner for
use categories or subcategories for which the pesticide
application is made.
(b) License applications shall be made upon forms and in
the manner, which may include an examination, as the
commissioner may prescribe to determine if the applicant is
qualified.
(c) The commissioner may renew a license subject to
re-examination or other requirements designed to ensure that the
applicator continues to understand changing technology and to
assure a continuing level of competence and ability to use
pesticides safely and properly.
(d) Each application for a license shall require payment of
an annual fee of $10 $40 and an identification card fee of $7.50
$10 for the applicant and $7.50 $10 for each additional
identification card desired. Governmental agencies shall be
exempt from the fee. The license shall be renewed annually
prior to January upon payment of applicable fees and compliance
with any other requirement.
(e) If an application for renewal of license is not filed
prior to March 1, in any year, an additional fee of $5 $10 shall
be paid by the applicant before the renewal license may be
issued.
Sec. 38. [PURPOSE.]
It is the policy of the legislature that consumers should
be able to purchase truthfully and adequately labeled seeds for
planting. Sections 39 to 51 establish a uniform labeling system
for agricultural, vegetable, flower, tree or shrub seeds whereby
consumers can be protected from inadequately or illegally
labeled seed and also whereby fair competition can be achieved.
Sec. 39. [21.80] [MINNESOTA SEED LAW.]
Sections 39 to 51 may be cited as the "Minnesota Seed Law."
Sec. 40. [21.81] [DEFINITIONS.]
Subdivision 1. [SCOPE.] The terms used in sections 39 to
51 have the meanings given them in this section.
Subd. 2. [ADVERTISEMENT.] "Advertisement" means any
representation, other than on a label, disseminated in any
manner or by any means, relating to seed within the scope of
sections 39 to 51.
Subd. 3. [AGRICULTURAL SEEDS.] "Agricultural seeds"
includes the seeds of grass, forage, cereal, oil, fiber crops,
seeds of vegetables grown for processing, and any other kinds of
seeds commonly recognized within this state as agricultural or
field seeds, lawn seeds, or mixtures of those seeds, and may
include noxious weed seed when the commissioner determines that
the seed is being used as agricultural seed.
Subd. 4. [BLEND.] "Blend" means seed consisting of more
than one variety of a kind, each in excess of five percent of
the whole.
Subd. 5. [CERTIFIED SEED.] "Certified seed" means
certified, registered, or foundation seed, or any other term
conveying a similar meaning when referring to seed that has been
produced, conditioned, and labeled in compliance with the rules
of an officially recognized seed certification agency.
Subd. 6. [COMMISSIONER.] "Commissioner" means the
commissioner of agriculture or his authorized agent and may
include a county agricultural inspector.
Subd. 7. [CONDITIONING.] "Conditioning" means cleaning to
remove chaff, sterile florets, immature seeds, weed seeds, inert
matter, and other crop seeds, scarifying, combining to obtain
uniform quality, or any other operation which would change the
purity or germination of the seed and require retesting to
determine the quality of the seed. Conditioning does not
include such operations as packaging, labeling, combining
uniform lots of the same kind or variety without cleaning or
preparing a mixture without cleaning, if it would not require
retesting to determine the quality of the seed.
Subd. 8. [FLOWER SEEDS.] "Flower seeds" includes seeds of
herbacious plants grown for their blooms, ornamental foliage, or
other ornamental parts and commonly known and sold under the
name of flower seeds in this state.
Subd. 9. [GENUINE GROWER'S DECLARATION.] A "genuine
grower's declaration" is a statement signed by the grower which
gives for a lot of agricultural seed, the lot number, kind,
variety, origin, weight, year of production, date of shipment,
and to whom it was sold, shipped, or delivered.
Subd. 10. [GERMINATION.] "Germination" means the
percentage of seeds other than hard seeds which are capable of
producing normal seedlings under favorable growing conditions.
Broken, weak, diseased, malformed, or abnormal seedlings shall
not be considered as having germinated.
Subd. 11. [HYBRID.] "Hybrid" when applied to kinds or
varieties of seed means the first generation seed of a cross
produced by controlling the pollination and by combining (a) two
or more inbred lines; (b) one inbred or a single cross with an
open pollinated variety; or (c) two selected clones, seed lines,
varieties, or species. "Controlling the pollination" means to
use a method of hybridization which will produce pure seed which
is at least 75 percent hybrid seed. The second generation or
subsequent generations from these crosses are not hybrids.
Hybrid designations shall be treated as variety names.
Subd. 12. [INITIAL LABELER.] "Initial labeler" means a
person who is the first to label for sale within this state an
agricultural, vegetable, flower, tree, or shrub seed.
Subd. 13. [KIND.] "Kind" means one or more related species
or subspecies which singly or collectively is known by one
common name, such as wheat, oats, or sweet clover.
Subd. 14. [LABEL.] "Label" includes a tag or other device
attached to or written, stamped, or printed on any container or
accompanying any lot of bulk seeds purporting to set forth the
kind of seeds contained, or any other information relating to
the labeled seed and includes invoices under which any seed is
imported into the state.
Subd. 15. [LOT.] "Lot" means a definite quantity of seed
identified by a lot number or other mark, every portion or bag
of which is uniform within recognized tolerances for the factors
which appear in the labeling.
Subd. 16. [MIXTURE.] "Mixture" means seeds consisting of
more than one kind, each in excess of five percent of the whole.
Subd. 17. [NOXIOUS WEED SEEDS.] "Noxious weed seeds"
includes prohibited and restricted noxious weed seeds.
Subd. 18. [PERSON.] "Person" means an individual,
partnership, corporation, company, society, association, or firm.
Subd. 19. [PROHIBITED NOXIOUS WEED SEEDS.] "Prohibited
noxious weed seeds" are those weed seeds which are prohibited
from being present in any agricultural, vegetable, flower, tree
or shrub seed. They are the seeds of weeds which are highly
destructive and difficult to control by good cultural practices
or by the use of herbicides. They not only reproduce by seed
but also may spread by underground reproductive parts such as
roots and rootstocks and aboveground reproductive parts such as
runners and stolons.
Subd. 20. [PURE LIVE SEED.] "Pure live seed" means the
product of the percent germination multiplied by the percent
pure seed divided by 100 percent.
Subd. 21. [PURE SEED.] "Pure seed" means seed exclusive of
inert matter and all other seeds not of the kind of seed being
considered as defined by the rules for testing seeds of the
association of official seed analysts.
Subd. 22. [RECORD.] "Record" includes all information
relating to seed shipments and includes a file sample of each
lot of seed. For tree and shrub seed, the record includes all
documents regarding statement of origin and elevation where the
seed originated.
Subd. 23. [RESTRICTED NOXIOUS WEED SEEDS.] "Restricted
noxious weed seeds" are those weed seeds which, if present in
agricultural, vegetable, flower, tree or shrub seed, shall be
named on the label together with the number per pound of seed
specified and which shall not exceed the legal limit. They are
seeds of weeds which are objectionable in fields, lawns, and
gardens of this state and can be controlled by good cultural
practice and use of herbicides.
Subd. 24. [SCREENINGS.] "Screenings" means chaff, sterile
florets, immature seed, weed seeds, inert matter, and other
material removed from seed in any kind of conditioning and which
contains less than 25 percent by weight of live agricultural or
vegetable seed.
Subd. 25. [SEIZURE.] "Seizure" means a legal process
carried out by a court order against a definite amount of seed.
Subd. 26. [SELL.] "Sell," when applying to agricultural,
vegetable, flower, tree or shrub seed, and seed samples,
includes:
(a) selling or transferring ownership;
(b) offering and exposing for sale, exchange, distribution,
giving away, and transportation in or into this state;
(c) having in possession with intent to sell, exchange,
distribute, give away, or transport in or into this state;
(d) storing, carrying, and handling in aid of traffic in
seeds, whether done in person or through an agent, employee, or
other person; and
(e) receiving, accepting, and holding on consignment for
sale.
Subd. 27. [STOP SALE.] "Stop sale" means an administrative
order restraining the sale, use, disposition, and movement of a
definite amount of seed.
Subd. 28. [TREATED.] "Treated" means that the seed has
received an application of a substance or that it has been
subjected to a process for which a claim is made.
Subd. 29. [TREE AND SHRUB SEEDS.] "Tree and shrub seeds"
includes seeds of woody plants commonly known and sold as tree
and shrub seeds in this state.
Subd. 30. [TREE SEED COLLECTOR'S DECLARATION.] A "tree
seed collector's declaration" is a statement signed by a grower
or person having knowledge of the place of collection which
gives for a lot of seed: the lot number, common or scientific
name of the species, subspecies if appropriate, origin,
elevation, and quantity of tree and shrub seed.
Subd. 31. [TYPE.] "Type" means a group of varieties so
nearly similar that individual varieties cannot be clearly
differentiated except under special conditions.
Subd. 32. [VEGETABLE SEEDS.] "Vegetable seeds" includes
the seeds of those crops which are grown in gardens and on truck
farms that are generally known and sold under the name of
vegetable or herb seeds in this state.
Subd. 33. [VARIETY.] "Variety" means a subdivision of a
kind characterized by growth, yield, plant, fruit, seed, or
other characteristics by which it can be differentiated from
other plants of the same kind.
Subd. 34. [WEED SEEDS.] "Weed seeds" includes the seeds of
all plants generally recognized as weeds within this state,
including noxious weed seeds.
Sec. 41. [21.82] [LABEL REQUIREMENTS; AGRICULTURAL,
VEGETABLE, OR FLOWER SEEDS.]
Subdivision 1. [FORM.] Each container of agricultural,
vegetable, or flower seed which is offered for sale for sowing
purposes shall bear or have attached in a conspicuous place a
plainly written or printed label or tag in the English language
giving the information required by this section. This statement
shall not be modified or denied in the labeling or on another
label attached to the container.
Subd. 2. [CONTENT.] For agricultural, vegetable, or flower
seeds, except as otherwise provided in subdivisions 4, 5, 6, 7
and 8, the label shall contain:
(a) The name of the kind or kind and variety for each
agricultural or vegetable seed component in excess of five
percent of the whole and the percentage by weight of each in
order of its predominance. The commissioner shall by rule
designate the kinds that are required to be labeled as to
variety. If the variety of those kinds generally labeled as to
variety is not stated and it is not required to be stated, the
label shall show the name of the kind and the words: "Variety
not stated."
(1) The percentage that is hybrid shall be at least 95
percent of the percentage of pure seed shown unless the
percentage of pure seed which is hybrid seed is shown
separately. If two or more kinds or varieties are present in
excess of five percent and are named on the label, each that is
hybrid shall be designated as hybrid on the label. Any one kind
or kind and variety that has pure seed which is less than 95
percent but more than 75 percent hybrid seed as a result of
incompletely controlled pollination in a cross shall be labeled
to show the percentage of pure seed that is hybrid seed or a
statement such as "contains from 75 percent to 95 percent hybrid
seed." No one kind or variety of seed shall be labeled as
hybrid if the pure seed contains less than 75 percent hybrid
seed. The word hybrid shall be shown on the label in
conjunction with the kind.
(2) Blends shall be listed on the label using the term
"blend" in conjunction with the kind.
(3) Mixtures shall be listed on the label using the term
"mixture," "mix," or "mixed."
(b) Lot number or other lot identification.
(c) Origin, if known, or that the origin is unknown.
(d) Percentage by weight of all weed seeds present in
agricultural, vegetable, or flower seed. This percentage may
not exceed one percent. If weed seeds are not present in
vegetable or flower seeds, the heading "weed seeds" may be
omitted from the label.
(e) Name and rate of occurrence per pound of each kind of
restricted noxious weed seeds present. They shall be listed
under the heading "noxious weed seeds." If noxious weed seeds
are not present in vegetable or flower seeds, the heading
"noxious weed seeds" may be omitted from the label.
(f) Percentage by weight of agricultural, vegetable, or
flower seeds other than those required to be named on the
label. They shall be listed under the heading "other crop." If
"other crop" seeds are not present in vegetable or flower seeds,
the heading "other crop" may be omitted from the label.
(g) Percentage by weight of inert matter.
(h) Net weight of contents, to appear on either the
container or the label, except that in the case of vegetable or
flower seed containers with contents of 200 seeds or less, a
statement indicating the number of seeds in the container may be
listed along with or in lieu of the net weight of contents.
(i) For each named agricultural or vegetable seed:
(1) percentage of germination, exclusive of hard seed;
(2) percentage of hard seed, if present; and
(3) the calendar month and year the percentages were
determined by test.
(j) Name and address of the person who labeled the seed or
who sells the seed within this state, or a code number which has
been registered with the commissioner.
Subd. 3. [TREATED SEED.] For all named agricultural,
vegetable, or flower seeds which are treated, for which a
separate label may be used, the label shall contain:
(a) a word or statement to indicate that the seed has been
treated;
(b) the commonly accepted, coined, chemical, or abbreviated
generic chemical name of the applied substance;
(c) the caution statement "Do not use for food, feed, or
oil purposes" if the substance in the amount present with the
seed is harmful to human or other vertebrate animals;
(d) in the case of mercurials or similarly toxic
substances, a poison statement and symbol;
(e) a word or statement describing the process used when
the treatment is not of pesticide origin; and
(f) the date beyond which the inoculant is considered
ineffective if the seed is treated with an inoculant. It shall
be listed on the label as "inoculant: expires (month and year)"
or wording that conveys the same meaning.
Subd. 4. [HYBRID SEED CORN.] For hybrid seed corn purposes
a label shall contain:
(a) a statement indicating the number of seeds in the
container may be listed along with or in lieu of the net weight
of contents; and
(b) for each variety of hybrid seed field corn, the day
classification as determined by the originator or owner. The
day classification shall approximate the number of days of
growing season necessary from emergence of the corn plant above
ground to relative maturity and shall conform to the day
classification established by the director of the Minnesota
agricultural experiment station for the appropriate zone.
Subd. 5. [GRASS SEED.] For grass seed and mixtures of
grass seeds intended for lawn and turf purposes, the
requirements in clauses (a) to (c) must be met.
(a) The label shall contain the percentage by weight of
inert matter, up to ten percent by weight except for those kinds
specified by rule. The percentage by weight of foreign material
not common to grass seed must be listed as a separate item in
close association with the inert matter percentage.
(b) If the seed contains no "other crop" seed, the
following statement may be used and may be flagged: "contains
no other crop seed."
(c) When grass seeds are sold outside their original
containers, the labeling requirements are met if the seed is
weighed from a properly labeled container in the presence of the
purchaser.
Subd. 6. [COATED AGRICULTURAL SEEDS.] For coated
agricultural seeds the label shall contain:
(a) percentage by weight of pure seeds with coating
material removed;
(b) percentage by weight of coating material shown as a
separate item in close association with the percentage of inert
matter; and
(c) percentage of germination determined on 400 pellets
with or without seeds.
Subd. 7. [VEGETABLE SEEDS.] For vegetable seeds prepared
for use in home gardens or household plantings the requirements
in clauses (a) to (d) apply. The origin may be omitted from the
label.
(a) The label shall contain the following:
(1) the year for which the seed was packed for sale listed
as "packed for (year)," or the percentage of germination and the
calendar month and year that the percentages were determined by
test; and
(2) for vegetable seeds which germinate less than the
standard last established by the commissioner:
(i) percentage of germination, exclusive of hard seed;
(ii) percentage of hard seed, if present; and
(iii) the words "below standard" in not less than eight
point type and the month and year the percentages were
determined by test.
(b) The percentage by weight of pure seed may be omitted
from a label if the total is more than 90 percent.
(c) The percentage by weight of inert matter may be omitted
from a label if it is less than ten percent.
(d) The labeling requirements for vegetable seeds sold
outside their original containers are met if the seed is weighed
from a properly labeled container in the presence of the
purchaser.
Subd. 8. [FLOWER SEEDS.] (a) All flower seed labels shall
contain:
(1) the name of the kind and variety or a statement of type
and performance charateristics as prescribed by rules;
(2) the year for which the seed was packed for sale listed
as "packed for (year)," or the percentage of germination and the
calendar month and year that the percentage was determined by
test; and
(3) for flower seeds which germinate less than the standard
last established by the commissioner:
(i) the percentage of germination exclusive of hard seed;
and
(ii) the words "below standard" in not less than eight
point type and the month and year this percentage was determined
by test.
(b) The origin may be omitted from the label.
(c) The percentage by weight of pure seed may be omitted
from a label if the total is more than 90 percent.
(d) The percentage by weight of inert matter may be omitted
from a label if it is less than ten percent.
Sec. 42. [21.83] [LABEL REQUIREMENTS; TREE OR SHRUB
SEEDS.]
Subdivision 1. [FORM.] Each container of tree or shrub
seed which is offered for sale for sowing purposes shall bear or
have attached in a conspicuous place a plainly written or
printed label or tag in the English language giving the
information required by this section. This label statement
shall not be modified or denied in the labeling or on another
label attached to the container, except that labeling of seed
supplied under a contractual agreement may be made by an invoice
accompanying the shipment or by an analysis tag attached to the
invoice if each bag or other container is clearly identified by
a lot number stenciled on the container. Each bag or container
that is not so stenciled must carry complete labeling.
Subd. 2. [LABEL CONTENT.] For all tree or shrub seed
subject to this section the label shall contain:
(a) the common name of the species, and the subspecies if
appropriate;
(b) the scientific name of the genus and species, and the
subspecies if appropriate;
(c) the lot number or other lot identification;
(d) for seed collected from a predominantly indigenous
stand, the area of collection given by latitude and longitude,
or geographic description, or political subdivision such as
state or county;
(e) for seed collected from a predominantly nonindigenous
stand, the identity of the area of collection and the origin of
the stand or the words "origin not indigenous;"
(f) the elevation or the upper and lower limits of
elevation within which the seed was collected;
(g) the percentage of pure seed by weight;
(h) for those kinds of seed for which standard testing
procedures are prescribed:
(1) the percentage of germination exclusive of hard seed;
(2) the percentage of hard seed, if present; and
(3) the calendar month and year the percentages were
determined by test; or
(4) in lieu of the requirements of clauses (1) to (3), the
seed may be labeled "test is in progress, results will be
supplied upon request;"
(i) for those species for which standard germination
testing procedures have not been prescribed by the commissioner,
the calendar year in which the seed was collected; and
(j) the name and address of the person who labeled the seed
or who sells the seed within this state.
Subd. 3. [TREATED SEED.] For all treated tree and shrub
seeds for which a separate label may be used the label shall
contain:
(a) a word or statement to indicate that the seed has been
treated;
(b) the commonly accepted, coined, chemical, or abbreviated
generic chemical name of the applied substance;
(c) the caution statement "Do not use for food, feed, or
oil purposes" if the substance in the amount present with the
seed is harmful to human or other vertebrate animals;
(d) in the case of mercurials or similarly toxic
substances, a poison statement and symbol;
(e) a word or statement describing the process used when
the treatment is not of pesticide origin;
(f) if the seed has been treated with an inoculant, the
date beyond which the inoculant is considered ineffective. It
shall be listed on the label as "inoculant: expires (month and
year)" or wording which conveys the same meaning.
Sec. 43. [21.84] [RECORDS.]
Each person whose name appears on the label of
agricultural, vegetable, flower, tree or shrub seeds subject to
section 41 or 42 shall keep for three years complete records of
each lot of agricultural, vegetable, flower, tree or shrub seed
sold in this state and shall keep for one year a file sample of
each lot of seed after disposition of the lot. In addition, the
grower shall have as a part of the record a "genuine grower's
declaration" or a "tree seed collector's declaration."
Sec. 44. [21.85] [DUTIES OF THE COMMISSIONER.]
Subdivision 1. [ENFORCEMENT.] The commissioner shall
administer and enforce sections 39 to 51.
Subd. 2. [SEED LABORATORY.] The commissioner shall
establish and maintain a seed laboratory for seed testing,
employing necessary agents and assistants to administer and
enforce sections 39 to 51, none of whom, except those who are
employed on a regular full-time basis, shall come within or be
governed by chapter 43A. The compensation for the unclassified
employees shall be on the basis of a rating and salary scale
determined by the commissioner's plan of the department of
employee relations or the appropriate bargaining unit contract.
Subd. 3. [ENTRY UPON PREMISES.] For the purpose of
administering and enforcing sections 39 to 51 the commissioner
may enter upon any public or private premises during regular
business hours in order to have access to seeds and the records
concerning the seeds that are subject to sections 39 to 51, and
to enter any truck or other conveyor by land, water, or air at
any time when the conveyor is accessible, for the same purpose.
Subd. 4. [INSPECTION AND SAMPLING.] The commissioner shall
sample, inspect, make analysis of and test seeds subject to
sections 39 to 51 that are offered for sale for sowing purposes
at the time and place and to the extent necessary to determine
whether the seeds are in compliance with sections 39 to 51.
Subd. 5. [NOTICE OF VIOLATION.] The commissioner shall
promptly notify the person who sold, labeled, or transported
seed that has been:
(1) found to be in violation of sections 39 to 51;
(2) placed under a stop sale order; or
(3) seized on complaint of the commissioner to a court of
competent jurisdiction.
Subd. 6. [STOP SALE ORDERS.] The commissioner may issue
and enforce a written or printed "stop sale" order to the owner
or custodian of any lot of seed which he finds to be in
violation of sections 39 to 51. The order shall prohibit
further sale, conditioning, and movement of the seed, except on
approval of the enforcing officer, until the officer has
evidence that the law has been complied with and has issued a
release from the "stop sale" order. With respect to seed which
has been denied sale, conditioning, or movement, the owner or
custodian of the seed may appeal from the order to a court where
the seeds are found, for the discharge of the seeds from the
order prohibiting the sale, conditioning, or movement in
accordance with the findings of the court. This subdivision
does not limit the right of the enforcement officer to proceed
in a different fashion.
Subd. 7. [SEIZURE.] Any lot of seed not in compliance with
sections 39 to 51 is subject to seizure on complaint of the
commissioner to a court of competent jurisdiction in the
locality where the seed is located. If the court finds the seed
to be in violation and orders the condemnation of the seed, it
shall be denatured, destroyed, relabeled, or otherwise disposed
of in compliance with law. In no instance shall the court order
dispose of the seed without first giving the claimant an
opportunity to apply to the court for the release of the seed or
permission to condition or relabel it into compliance.
Subd. 8. [INJUNCTION.] When the commissioner applies to
any court for a temporary or permanent injunction restraining
any person from violating or continuing to violate sections 39
to 51, the injunction shall be issued without requiring a bond.
Subd. 9. [PROSECUTIONS.] When the commissioner finds that
a person has violated any part of sections 39 to 51, he may
initiate court proceedings in the locality in which the
violation occurred. No prosecution shall be instituted without
a person having an opportunity to appear in person or by a
representative before the commissioner to provide evidence.
Either a county attorney or the attorney general may prosecute
actions under sections 39 to 51.
Subd. 10. [COMMISSIONER MAY ALTER REQUIREMENTS IN
EMERGENCIES.] In the event of acute shortages of any seed or
seeds, or the occurrence of other conditions which in the
opinion of the commissioner create an emergency which would make
impractical the enforcement of any requirement of sections 39 to
51 relating to the percentage of purity and weed seed content of
any seed or seeds, the commissioner may temporarily change and
alter any requirement relating to percentage of purity and weed
seed content for the duration of the emergency.
Subd. 11. [RULES.] The commissioner may make necessary
rules, including temporary rules, for the proper enforcement of
sections 39 to 51. Existing rules shall remain in effect unless
temporary or permanent rules are made that supercede them.
Subd. 12. [SERVICE TESTING AND IDENTIFICATION.] The
commissioner shall provide for purity and germination tests of
seeds and identification of seeds and plants for farmers,
dealers, and others. He may establish and collect fees for
testing and identification.
Subd. 13. [SAMPLING EXPORT SEED.] The commissioner may
sample agricultural, vegetable, flower, tree or shrub seeds
which are destined for export to other countries. He may
establish and collect suitable fees from the exporter for this
service.
Subd. 14. [COOPERATION WITH UNITED STATES DEPARTMENT OF
AGRICULTURE.] The commissioner shall cooperate with the United
States department of agriculture in seed law enforcement.
Sec. 45. [21.86] [UNLAWFUL ACTS.]
Subdivision 1. [PROHIBITIONS.] A person may not advertise
or sell any agricultural, vegetable, flower, or tree and shrub
seed if:
(a) A test to determine the percentage of germination
required by sections 41 and 42 has not been completed within a
nine-month period, exclusive of the calendar month in which the
test was completed. This prohibition does not apply to tree,
shrub, agricultural, or vegetable seeds packaged in hermetically
sealed containers. Seeds packaged in hermetically sealed
containers under the conditions defined by rule may be offered
for sale for a period of 36 months after the last day of the
month that the seeds were tested for germination prior to
packaging. If seeds in hermetically sealed containers are
offered for sale more than 36 months after the last day of the
month in which they were tested prior to packaging, they must be
retested within a nine-month period, exclusive of the calendar
month in which the retest was completed;
(b) It is not labeled in accordance with sections 41 and 42
or has false or misleading labeling;
(c) False or misleading advertisement has been used in
respect to its sale;
(d) It contains prohibited noxious weed seeds;
(e) It consists of or contains restricted noxious weed
seeds in excess of 25 seeds per pound or in excess of the number
declared on the label attached to the container of the seed or
associated with the seed;
(f) It contains more than one percent by weight of all weed
seeds;
(g) It contains less than the stated net weight of contents;
(h) It contains less than the stated number of seeds in the
container;
(i) It contains any labeling, advertising, or other
representation subject to sections 41 and 42 representing the
seed to be certified unless:
(1) it has been determined by a seed certifying agency that
the seed conformed to standards of purity and identity as to
kind, species, subspecies, or variety, and also that tree seed
was found to be of the origin and elevation claimed, in
compliance with the rules pertaining to the seed; and
(2) the seed bears an official label issued for it by a
seed certifying agency stating that the seed is of a certified
class and a specified kind, species, subspecies, or variety;
(j) It is labeled with a variety name but not certified by
an official seed certifying agency when it is a variety for
which a United States certificate of plant variety protection
has been granted under United States Code, title 7, sections
2481 to 2486, specifying sale by variety name only as a class of
certified seed. Seed from a certified lot may be labeled as to
variety name when used in a blend or mixture by or with approval
of the owner of the variety; or
(k) The person whose name appears on the label does not
have complete records including a file sample of each lot of
agricultural, vegetable, flower, tree or shrub seed sold in this
state as required in section 43.
Subd. 2. [MISCELLANEOUS VIOLATIONS.] No person may:
(a) detach, alter, deface, or destroy any label required in
sections 41 and 42 or alter or substitute seed in a manner that
may defeat the purposes of sections 41 and 42;
(b) hinder or obstruct in any way any authorized person in
the performance of duties under sections 39 to 51;
(c) fail to comply with a "stop sale" order or to move or
otherwise handle or dispose of any lot of seed held under a stop
sale order or attached tags, except with express permission of
the enforcing officer for the purpose specified;
(d) use the word "type" in any labeling in connection with
the name of any agricultural seed variety;
(e) use the word "trace" as a substitute for any statement
which is required; or
(f) plant any agricultural seed which the person knows
contains weed seeds or noxious weed seeds in excess of the
limits for that seed.
Sec. 46. [21.87] [EXEMPTION.]
Sections 41 and 42 do not apply:
(a) to seed or grain not intended for sowing purposes;
(b) to seed in storage in or being transported or consigned
to a conditioning establishment for conditioning, provided that
the invoice or label accompanying any shipment of the seeds
bears the statement "seeds for conditioning," and provided that
any labeling or other representation which may be made with
respect to the unconditioned seed is subject to the provisions
of sections 41 and 42; or
(c) to any carrier with respect to seed transported or
delivered for transportation in the ordinary course of its
business as a carrier, provided that the carrier is not engaged
in producing, conditioning, or marketing seeds subject to
sections 41 and 42.
Sec. 47. [21.88] [PENALTIES.]
Subdivision 1. [MISDEMEANOR; GROSS MISDEMEANOR.] A
violation of sections 39 to 51 or a rule adopted under section
44 is a misdemeanor. Each additional day of violation is a
separate offense. A subsequent violation by a person is a gross
misdemeanor.
Subd. 2. [UNLAWFUL PRACTICE.] In addition to other
penalties provided by law, a person who violates a provision of
sections 39 to 51 or a rule adopted under section 44 has
committed an unlawful practice under sections 325F.68 and
325F.69 and is subject to the remedies provided in sections 8.31
and 325F.70.
Subd. 3. [PENALTIES NOT TO APPLY.] A person is not subject
to the penalties in subdivision 1 or 2 for having sold seeds
which were incorrectly labeled or represented as to kind,
species, subspecies, if appropriate, variety, type, origin and
year, elevation or place of collection if required, if the seeds
cannot be identified by examination unless he has failed to
obtain an invoice or genuine grower's or tree seed collector's
declaration or other labeling information and to take other
reasonable precautions to ensure the identity is as stated.
Sec. 48. [21.89] [SEED FEE PERMITS.]
Subdivision 1. [SEED FEE.] In order to pay for
administering and enforcing sections 39 to 51, the commissioner
shall establish the fees charged for various seeds and shall
collect the fees on all seeds covered by sections 39 to 51.
Subd. 2. [PERMITS; ISSUANCE, REVOCATION.] The commissioner
shall issue a permit to the initial labeler of agricultural,
vegetable, or flower seeds which are offered for sale in
Minnesota and which conform to and are labeled under sections 39
to 51. The person shall furnish to the commissioner an itemized
statement of all seeds sold in Minnesota for the periods
established by the commissioner. This statement shall be
delivered, along with the payment of the fee, to the
commissioner no later than 30 days after the end of each
reporting period. Any person holding a permit shall show as
part of the analysis labels or invoices on all agricultural,
vegetable, flower, tree or shrub seeds all information the
commissioner requires. The commissioner may revoke any permit
in the event of failure to comply with applicable laws and rules.
Subd. 3. [PENALTY.] A penalty fee established by the
commissioner shall be assessed any permit holder who fails to
submit a statement and pay the fee due within the 30 days
following the end of each reporting period.
Subd. 4. [EXEMPTIONS.] A person who labels for sale
agricultural, vegetable, or flower seeds must have a seed fee
permit unless:
(a) The person labels and sells less than 50,000 pounds of
agricultural seed in Minnesota each calendar year. If more than
50,000 pounds are labeled and sold in Minnesota by any person,
the person must have a seed fee permit and pay fees on all seed
sold. A person who labels and sells grass seeds and mixtures of
grass seeds intended for lawn or turf purposes is not exempted
from having a permit and paying seed fees on all seeds in this
category sold in Minnesota; or
(b) The agricultural, vegetable, or flower seeds are of the
breeder or foundation seed classes of varieties developed by
publicly financed research agencies intended for the purpose of
increasing the quantity of seed available.
Sec. 49. [21.90] [HYBRID SEED FIELD CORN VARIETY
REGISTRATION.]
Subdivision 1. [GROWING ZONES.] The director of the
agricultural experiment station at the University of Minnesota
shall determine, establish, and number or otherwise identify
corn growing zones of the state and determine and publish a list
of day classifications for each zone which will approximate the
number of days growing season necessary for corn from emergence
of the corn plants above ground after planting to relative
maturity.
Subd. 2. [FEES.] A record of each hybrid seed field corn
variety to be sold in Minnesota shall be registered with the
commissioner by February 1 of each year by the originator or
owner. The commissioner shall establish the annual fee for
registration for each variety. The record shall include the
permanent designation of the hybrid as well as the day
classification and zone of adaptation, as determined under
subdivision 1, which the originator or owner declares to be the
zone in which the variety is adapted. In addition, at the time
of the first registration of a hybrid seed field corn variety,
the originator or owner shall include a sworn statement that his
declaration of the zone of adaptation was based on actual field
trials in that zone and that the field trials substantiate his
declaration as to the day and zone classifications to which the
variety is adapted. The name or number used to designate a
hybrid seed field corn variety in the registration is the only
name of all seed corn covered by or sold under that registration.
Subd. 3. [TESTS OF VARIETIES.] If the commissioner needs
to verify that a hybrid seed field corn variety is adapted to
the corn growing zone declared by the originator or owner, it
must, when grown in several official comparative trials by the
director of the Minnesota agricultural experiment station in the
declared zone of adaptation, have an average kernel moisture at
normal harvest time which does not differ from the average
kernel moisture content of three or more selected standard
varieties adapted for grain production in that particular
growing zone by more than four percentage points. If a new
variety when tested has more than six percentage points of
moisture over the standard variety, it must have the relative
maturity increased by five days in the correct zone of
adaptation before it can be sold the second year. If it does
not exceed the standard varieties by more than five percentage
points of moisture the second year tested, it can be sold the
third year with the same relative maturity. If upon being
tested the third year the moisture percentage points are found
to be over the four percentage points allowed, the variety then
must have the relative maturity increased by five days in the
correct zone. The varieties to be used as standard varieties
for determining adaptability to a zone shall be selected for
each zone by the director of the Minnesota agricultural
experiment station with the advice and consent of the
commissioner of agriculture. Should a person, firm, originator,
or owner of a hybrid seed field corn variety wish to offer
hybrid seed for sale or distribution in this state, the person,
firm, originator, or owner not having distributed any products
in Minnesota during the past ten years, or not having any record
of testing by an agency acceptable to the commissioner, then
after registration of the variety the commissioner is required
to have the variety tested for one year by the director of the
Minnesota agricultural experiment station before it may be
distributed in Minnesota. Should any person, firm, originator,
or owner of a seed field corn variety be guilty of two
successive violations with respect to the declaration of
relative maturity date and zone number, then the violator must
commence a program of pretesting for varieties as determined by
the commissioner. The list of varieties to be used as standards
in each growing zone shall be sent by the commissioner not later
than February 1 of each year to each seed firm registering
hybrid varieties with the commissioner as of the previous April
1. To assist in defraying the expenses of the Minnesota
agricultural experiment station in carrying out the provisions
of this section, there shall be transferred annually from the
seed inspection fund to the agricultural experiment station a
sum which shall at least equal 80 percent of the total revenue
from all hybrid seed field corn variety registrations.
Sec. 50. [21.91] [SEED CERTIFICATION AGENCIES.]
Subdivision 1. [MINNESOTA.] The official seed
certification agency for Minnesota shall be determined by the
commissioner of agriculture and the director of the Minnesota
agricultural experiment station.
Subd. 2. [OTHER JURISDICTIONS.] The official seed
certification agency for other jurisdictions shall be determined
and the identity filed as a public record in the office of the
commissioner of agriculture. The determination shall be made by
the commissioner of agriculture and the director of the
Minnesota agricultural experiment station.
Sec. 51. [21.92] [SEED INSPECTION FUND.]
There is established in the state treasury an account known
as the seed inspection fund. Fees and penalties collected by
the commissioner under sections 39 to 51 shall be deposited into
this account. The rates at which the fees are charged may be
adjusted pursuant to section 16A.28. Money in this account,
including interest earned and any appropriations made by the
legislature for the purposes of sections 39 to 51, is annually
appropriated to the commissioner for the administration and
enforcement of sections 39 to 51.
Sec. 52. Minnesota Statutes 1982, section 27.041,
subdivision 2, is amended to read:
Subd. 2. [LICENSES.] The license, or a certified copy
thereof of the license, shall must be kept posted in the office
of the licensee at each place within the state where he
transacts business. Every license shall expire June 30
following its issuance and thereafter be renewed July 1 each
year. Any license issued under this subdivision shall is
automatically be void upon the termination of the surety bond
covering the licensed operation. The fee for each license shall
be based on the following schedule:
Penalty for
License Fee Late Renewal Dollar Volume of Business
$ 30 $ 9.60$10 $10,000 or less per month
$ 60 $18$15 Over $10,000 to $50,000 per month
$ 90 $180 $26.40$45 Over $50,000 to $100,000 per month
$120 $240 $36$60 Over $100,000 per month
A fee of $5 $10 shall be charged for each certified copy of
a license, $2 for each license identification card, and $2 for
each license identification truck decal. The commissioner shall
make appropriate license fee adjustments for up to one year from
July 1, 1975 for persons required to be licensed hereunder, who
hold validly issued licenses as of the effective date of Laws
1975, Chapter 227 under the provisions of law amended or
repealed herein. When the licensee sells, disposes of, or
discontinues his business during the lifetime of his license he
shall at the time the action is taken, notify the commissioner
in writing, and upon demand produce before the commissioner a
full statement of all assets and liabilities as of the date of
transfer or discontinuance of the business.
All moneys Money collected from license fees shall be
deposited in the state treasury.
Sec. 53. Minnesota Statutes 1982, section 28A.08, is
amended to read:
28A.08 [LICENSE FEES; PENALTIES.]
The fees for licenses and the penalties for late renewal
thereof prescribed herein shall of licenses set in this section
apply to the sections named except as provided under section
28A.09. Except as specified herein, bonds and assessments based
on number of units operated or volume handled or processed which
are provided for in said laws shall not be affected, nor shall
any penalties for late payment of said assessments, nor shall
inspection fees, be affected by this chapter.
Type of food handler License Fee Penalty
1. Retail food handler
(a) Having gross sales of
less than $250,000 $50,000 for
the immediately previous
license or fiscal year $ 18 $25 $ 6 $10
(b) Having $50,000 to $250,000
gross sales for the immediately
previous license or fiscal year $ 50 $13
(b) (c) Having $250,000 to $1,000,000
gross sales for the immediately
previous license or
fiscal year $ 36 $100 $12 $25
(c) (d) Having over $1,000,000 gross
sales for the immediately
previous license or fiscal year $ 60 $200 $18 $50
2. Wholesale food handler $ 36 $100 $12 $25
3. Food broker $ 18 $50 $ 6 $13
4. (a) Wholesale food processor
or manufacturer $120 $36
(a) Having gross sales of less
than $250,000 for the immediately
previous license or fiscal year $150 $38
(b) Having $250,000 to $1,000,000
gross sales for the immediately
previous license or fiscal year $200 $50
(c) Having over $1,000,000 gross
sales for the immediately
previous license or fiscal year $250 $63
5. (b) Wholesale food processor
of meat or poultry products
under supervision of the
U.S. Department of Agriculture $ 60 $18
(a) Having gross sales of less
than $250,000 for the immediately
previous license of fiscal year $ 75 $19
(b) Having $250,000 to $1,000,000
gross sales for the immediately
previous license or fiscal year $ 90 $23
(c) Having over $1,000,000 gross
sales for the immediately
previous license or fiscal year $105 $27
6. (c) Wholesale food manufacturer
having the permission of the
commissioner to use the name
Minnesota farmstead cheese $ 30 $12 $10
Sec. 54. Minnesota Statutes 1982, section 28A.09, is
amended to read:
28A.09 [INSPECTION FEES FOR VENDING MACHINES.]
Subdivision 1. [ANNUAL FEE; EXCEPTIONS.] Every coin
operated food vending machine shall be is subject to an annual
state inspection fee of $2 $5 for each nonexempt machine,
provided that:
(a) Food vending machines may be inspected by either a home
rule charter or statutory city, or a county, but not both, and
if inspected by a home rule charter or statutory city, or a
county they shall not be subject to the state inspection fee,
but the home rule charter or statutory city, or the county may
impose a reasonable inspection or license fee. A home rule
charter or statutory city or county that does not inspect food
vending machines shall not impose a food vending machine
inspection or license fee.
(b) Vending machines dispensing only bottled or canned soft
drinks or ice manufactured and packaged by another shall be
exempt from the state inspection fee, but may be inspected by
the state, or by a home rule charter city or statutory city or a
county which may impose a reasonable inspection or license fee.
Subd. 2. [IDENTIFICATION; RULES.] The commissioner may
require that any a vending machine shall must be identified in
accordance with rules promulgated pursuant to chapter 14.
Sec. 55. Minnesota Statutes 1982, section 32.075, is
amended to read:
32.075 [TERM OF LICENSE; TRANSFERABILITY; FEES AND
PENALTIES.]
Every license issued by the commissioner shall be for a
period ending on the thirty-first day of December next
following, and shall not be transferable. The fee for each such
initial license shall be $18 $25 and each renewal thereof shall
be $7.20 $10 and shall be paid to the commissioner before any
license or renewal thereof is issued. If a license renewal is
not applied for on or before January 1 of each year, a penalty
of 25 percent of the license fee $10 shall be imposed. A person
who does not renew his license within one year following its
December 31 expiration date, except those persons who do not
renew such license while engaged in active military service,
shall be required to prove his competency and qualification
pursuant to section 32.073, before a license is issued. The
commissioner may require any other person who renews his license
to prove his competency and qualification in the same manner.
All license fees and penalties received by the commissioner
shall be paid into the state treasury.
Sec. 56. Minnesota Statutes 1982, section 32.59, is
amended to read:
32.59 [NONRESIDENT MANUFACTURER LICENSE.]
Any person who manufactures frozen foods, mix, ice cream
mix, mix base, or ice cream mix base outside of the state, for
sale within the state, shall apply for registration with the
department of agriculture in such the form, and furnish such
with the information, as it may require the commissioner
requires. Samples of all frozen foods, mix, ice cream mix, mix
base, or ice cream mix base, so manufactured for sale and sold
within this state, shall must be submitted to the department.
Each application for registration shall must be accompanied by a
fee of $120 $150, which shall constitute is the registration fee
in case if a certificate of registration is granted. If the
department of agriculture shall find finds that the samples so
submitted are up to the accepted standards, and otherwise comply
with the laws of this state, it shall issue to the applicant a
certificate of registration. The penalty for a late
registration application is $38 if the registration is not
renewed by January 1 of any year.
Sec. 57. Minnesota Statutes 1982, section 34.02, is
amended to read:
34.02 [LICENSES; EXCEPTIONS.]
No person shall may manufacture, mix, or compound any soft
drinks or other non-alcoholic beverage, to be sold in bottles,
barrels, kegs, jars, coolers, cans, glasses or tumblers, or
other containers, without first having obtained a license
therefor from the commissioner. License fees shall be
established in accordance with section 28A.05, clause (c).
Sections 34.02 to 34.11 shall do not apply to beverages
manufactured, mixed, or compounded in quantities of one quart or
less at one time.
Sec. 58. Minnesota Statutes 1982, section 34.05,
subdivision 1, is amended to read:
Subdivision 1. Any person who distributes soft drinks or
other non-alcoholic beverages manufactured outside of this
state, for sale within this state, shall apply for registration
with the commissioner in such the form and furnish such
accompanied by information as he may require the commissioner
requires. Samples of all soft drinks or other non-alcoholic
beverages manufactured for sale and sold within this state shall
must be submitted to the commissioner once each year for
laboratory examination. Each application shall must be
accompanied by a registration fee of $100 established in
accordance with section 28A.05, clause (c), which shall
constitute is the registration fee in case registration is
granted, and one-half of which may be retained to reimburse the
state for inspection should if registration be is refused. If
the commissioner finds that the samples submitted are up to
accepted standards, and otherwise comply with the laws of this
state, he shall issue to the applicant a certificate of
registration.
Sec. 59. Minnesota Statutes 1982, section 40.03,
subdivision 2, as amended by Laws 1983, chapter 66, section 1,
is amended to read:
Subd. 2. [EMPLOYEES.] The department of agriculture shall
provide administrative functions of this section. The
commissioner of agriculture shall make available by separate
budget to the state soil and water conservation board the staff
services, funds for operation, and office space necessary for
the administration and coordination of its functions. The state
board shall be responsible to the commissioner for reporting
purposes in regard to staff functions and operations which
relate to department activities.
The commissioner of agriculture shall, subject to approval
of the state board, provide an administrative officer and other
necessary permanent and temporary technical experts, agents and
employees. The state board shall determine the personnel's
qualifications and duties, and recommend compensation to the
commissioner of employee relations. The state board may call
upon the attorney general for necessary legal services. It
shall have authority to delegate to its chairman or to one or
more of its other officers or members or administrative officer
any of its own powers and duties it may deem proper. The
administrative officer is responsible to the state board and may
be dismissed by the commissioner of agriculture only upon the
advice and recommendation of the state board. All permanent
personnel of the state board are employees of the department of
agriculture and are in the classified service of the state
except as otherwise required by statute. In order to perform
its duties, the state board may request information from the
supervising officer of any state agency or state institution of
higher education, including the state universities, the
community colleges, and the post-secondary vocational technical
schools. The supervising officer shall comply with the state
board's request to the extent possible considering available
appropriations and may assign agency or institution employees to
compile existing information and to complete special reports,
surveys, or studies concerning the problems specified in section
40.02.
Sec. 60. Minnesota Statutes 1982, section 41.61,
subdivision 1, as amended by H.F. No. 1308, enacted at the 1983
regular session, is amended to read:
Subdivision 1. There is created a special account in the
state treasury for the purposes of financing the family farm
security program.
Such sums as may be needed from time to time to pay lenders
for defaulted loans and make other payments authorized by this
chapter are appropriated from the general fund special account
to the commissioner. The sum of all outstanding family farm
security loans guaranteed by the commissioner at any time shall
not exceed $100,000,000.
Sec. 61. Minnesota Statutes 1982, section 43A.04, is
amended by adding a subdivision 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. 62. Minnesota Statutes 1982, section 70A.06, is
amended by adding a subdivision to read:
Subd. 5. (1) Rates and changes and amendments of rates for
policies of insurance against damage by hail must be filed with
the commissioner 30 days prior to their effective date.
(2) An insurer increasing the rate charged for a policy of
insurance against damage by hail shall notify the insured 30
days prior to a renewal, if applicable.
Sec. 63. Minnesota Statutes 1982, section 79.251,
subdivision 1, is amended to read:
Subdivision 1. [ASSIGNED RISK PLAN REVIEW BOARD.] (1) An
assigned risk plan review board is created for the purposes of
review of the operation of sections 79.24 to 79.27. The board
shall have all the usual powers and authorities necessary for
the discharge of its duties under this section and may contract
with individuals in discharge of those duties.
(2) The board shall consist of five members to be appointed
by the commissioner of insurance. Two members shall be insureds
holding policies issued pursuant to section 79.25. Two members
shall be members of the association. The commissioner shall be
the fifth member and shall vote.
Initial appointments shall be made by September 1, 1981 and
terms shall be for three years duration. Removal, the filling
of vacancies and compensation of the members other than the
commissioner shall be as provided in section 15.059.
(3) The assigned risk review board shall audit the reserves
established by insurers (a) for individual cases arising under
policies issued under section 79.25 and (b) for the total book
of business issued under section 79.25.
(4) The assigned risk review board shall monitor the
operations of sections 79.24 to 79.27 and shall periodically
make recommendations to the commissioner, and to the governor
and legislature when appropriate, for improvement in the
operation of those sections.
(5) All members of the association issuing policies under
section 79.25 shall pay and to the commissioner shall receive
and disburse, on behalf of the board, a .25 percent assessment
on premiums for policies issued under section 79.25 for the
purpose of defraying the costs of the assigned risk review
board. Proceeds of the assessment shall be deposited in the
state treasury and credited to the general fund.
Sec. 64. Minnesota Statutes 1982, section 155A.07,
subdivision 7, is amended to read:
Subd. 7. [FEES.] Examination and licensing fees shall be
established and adjusted, by rule, so that the total amount of
fee income at least meets the anticipated costs, as provided in
section 214.06 16A.128.
Sec. 65. Minnesota Statutes 1982, section 155A.08,
subdivision 5, is amended to read:
Subd. 5. [FEES.] Licensing and inspection fees shall be
established and adjusted, by rule, so that the total amount of
fee income at least meets the anticipated costs, as provided in
section 214.06 16A.128.
Sec. 66. Minnesota Statutes 1982, section 169.81,
subdivision 3b, is amended to read:
Subd. 3b. [PERMITS FOR CERTAIN SEMITRAILERS; FEES.] The
commissioner may issue an annual permit for a semitrailer in
excess of 45 feet in length, if the distance from the kingpin to
the center of the rearmost axle of the semitrailer does not
exceed 40 feet, and if a combination of vehicles, which includes
a semitrailer in excess of 45 feet for which a permit has been
issued pursuant to this subdivision, does not exceed the length
limits set out in this section. The annual fee for a permit
issued under this subdivision is $36 $40.
Sec. 67. Minnesota Statutes 1982, section 169.86,
subdivision 5, is amended to read:
Subd. 5. [FEES.] The commissioner, with respect to
highways under his jurisdiction, may charge a fee for each
permit issued. All such fees for permits issued by the
commissioner of transportation shall be deposited in the state
treasury and credited to the trunk highway fund. Except for
those annual permits for which the permit fees are specified
elsewhere in this chapter, the fees shall be:
(a) $12 $15 for each single trip permit.
(b) $12 $36 for each job permit. A job permit may be
issued for like loads carried on a specific route for a period
not to exceed two months. "Like loads" means loads of the same
product, weight and dimension.
(c) $60 for an annual permit to be issued for a period not
to exceed 12 consecutive months. Annual permits may be issued
for:
(1) truck cranes;
(2) construction equipment, machinery, and supplies;
(3) manufactured homes;
(4) farm equipment when the movement is not made according
to the provisions of section 169.80, subdivision 1, clauses (a)
to (f).
(5) refuse compactor vehicles that carry a gross weight up
to but not in excess of 22,000 pounds on a single rear axle and
not in excess of 38,000 pounds on a tandem rear axle;
(6) (2) motor vehicles used to alleviate a temporary crisis
adversely affecting the safety or well-being of the public;
(7) (3) motor vehicles which travel on interstate highways
and carry loads authorized under subdivision 1a;
(d) $120 for an annual permit to be issued for a period not
to exceed 12 consecutive months. Annual permits may be issued
for:
(1) truck cranes;
(2) construction equipment, machinery, and supplies;
(3) manufactured homes;
(4) farm equipment when the movement is not made according
to the provisions of section 169.80, subdivision 1, clauses (a)
to (f);
(5) double-deck buses;
(6) commercial boat hauling.
Sec. 68. Minnesota Statutes 1982, section 169.862, is
amended to read:
169.862 [PERMITS FOR WIDE LOADS OF BALED HAY.]
The commissioner of transportation, with respect to
highways under his jurisdiction, and local authorities, with
respect to highways under their jurisdiction, may issue an
annual permit to enable a vehicle carrying round baled hay, with
a total outside width of the vehicle or the load thereon not
exceeding 11-1/2 feet, to be operated on public streets and
highways. Permits issued pursuant to this section shall be
governed by the applicable provisions of section 169.86 except
as otherwise provided herein, and in addition shall carry the
following restrictions:
(a) The vehicles shall not be operated between sunset and
sunrise, when visibility is impaired by weather, fog or other
conditions rendering persons and vehicles not clearly visible at
a distance of 500 feet, or on Saturdays, Sundays and holidays.
(b) The vehicles shall not be operated on interstate
highways.
(c) The vehicles shall not be operated on a trunk highway
with a pavement less than 24 feet wide.
(d) A vehicle operated under the permit shall be equipped
with a retractable or removable mirror on the left side so
located that it will reflect to the driver a clear view of the
highway for a distance of at least 200 feet to the rear of the
vehicle. Simultaneous flashing amber lights, as provided in
section 169.59, subdivision 4, shall be displayed to the front
and rear of the vehicle. The flashing amber lights shall be
lighted only when the width of the load exceeds eight feet. The
flashing amber light system shall be in addition to and separate
from the turn signal system and the hazard warning light system.
(e) A vehicle operated under the permit shall display red,
orange or yellow flags, 12 inches square, as markers at the
front and rear, and on both sides of the load. The load shall
be securely bound to the transporting vehicle.
The fee for the permit shall be $25 $24.
Sec. 69. Minnesota Statutes 1982, section 170.23, is
amended to read:
170.23 [ABSTRACTS; FEE; ADMISSIBLE IN EVIDENCE.]
The commissioner shall upon request furnish any person a
certified abstract of the operating record of any person subject
to the provisions of this chapter, and, if there shall be no
record of any conviction of such person of violating any law
relating to the operation of a motor vehicle or of any injury or
damage caused by such person, the commissioner shall so
certify. Such abstracts shall not be admissible as evidence in
any action for damages or criminal proceedings arising out of a
motor vehicle accident. A fee of $2.50 $5 shall be paid for
each such abstract. The commissioner shall permit a person to
inquire into the operating record of any person by means of the
inquiring person's own computer facilities for a fee to be
determined by the commissioner of at least $2 for each inquiry.
The commissioner shall furnish an abstract that is not certified
for a fee to be determined by the commissioner in an amount less
than the fee for a certified abstract but more than the fee for
an inquiry by computer.
Sec. 70. Minnesota Statutes 1982, section 171.26, is
amended to read:
171.26 [MONEYS CREDITED TO TRUNK HIGHWAY FUND AND TO
GENERAL FUND.]
All money received under the provisions of this chapter
shall be paid into the state treasury with 90 percent of such
money credited to the trunk highway fund, and ten percent
credited to the general fund, except as provided in section
171.29, subdivision 2.
Sec. 71. Minnesota Statutes 1982, section 171.29,
subdivision 2, is amended to read:
Subd. 2. Any person whose drivers license has been revoked
as provided in subdivision 1, except under section 169.121 or
169.123, shall pay a $30 fee before his drivers license is
reinstated. A person whose drivers license has been revoked as
provided in subdivision 1 under section 169.121 or 169.123 shall
pay a $100 fee before his drivers license is reinstated; 75
percent of this fee shall be credited to the trunk highway fund
and 25 percent shall be credited to the general fund.
Sec. 72. Minnesota Statutes 1982, section 173.07,
subdivision 2, is amended to read:
Subd. 2. The commissioner of transportation may renew each
permit for additional one year periods upon the receipt of an
application therefor made within 30 days of the expiration date
of such permit together with the payment of an annual fee of $15
$30. The permit or renewal thereof shall be revocable for any
violation of sections 173.01 to 173.11 or regulations adopted
thereunder at any time by the commissioner of transportation on
30 days written notice to the permit holder. All fees collected
shall be paid into the trunk highway fund.
Sec. 73. Minnesota Statutes 1982, section 173.08,
subdivision 1, is amended to read:
Subdivision 1. [ADVERTISING DEVICES RESTRICTED.] No
advertising device, excepting the advertising devices described
and permitted under Laws 1971, Chapter 883 sections 173.01 to
173.27, shall be erected or maintained in an adjacent area,
after June 8, 1971, except the following:
(a) Directional and other official signs, including, but
not limited to, signs pertaining to natural wonders, scenic and
historical attractions, which are required or authorized by law,
and which comply with regulations which shall be promulgated by
the commissioner relative to their lighting, size, spacing and
other requirements as may be appropriate to implement Laws 1971,
Chapter 883 sections 173.01 to 173.27;
(b) Advertising devices advertising the sale or lease of
property upon which they are located, provided that there shall
not be more than one such sign, advertising the sale or lease of
the same property, visible to traffic proceeding in any one
direction on any one interstate or primary highway;
(c) Advertising devices advertising activities conducted on
the property on which they are located, including, without
limiting the generality of the foregoing, goods, sold, stored,
manufactured, processed or mined thereon, services rendered
thereon, and entertainment provided thereon;
(d) Advertising devices stating the name and address of the
owner, lessee or occupant of such property or information
otherwise required or authorized by law to be posted or
displayed thereon;
(e) Public utility signs;
(f) Service club and religious notices, except that a
permit with a fee of $2 shall be required.;
(g) Advertising devices of which the advertising copy or
the name of the owner thereof is in no part visible from the
traveled way of the aforesaid highways;
(h) Advertising devices which are located, or which are to
be located, in business areas and which comply, or will comply
when erected, with the provisions of Laws 1971, Chapter 883
sections 173.01 to 173.27.
Sec. 74. Minnesota Statutes 1982, section 173.13,
subdivision 4, is amended to read:
Subd. 4. The annual fee for each such permit or renewal
thereof shall be as follows:
(1) If the advertising area of the advertising device does
not exceed 50 square feet, the fee shall be $10 $20.
(2) If the advertising area exceeds 50 square feet but does
not exceed 300 square feet, the fee shall be $20 $40.
(3) If the advertising area exceeds 300 square feet, the
fee shall be $40 $80.
(4) No fee shall be charged for a permit for directional
and other official signs and notices as they are defined in
section 173.02.
Sec. 75. Minnesota Statutes 1982, 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 for
all by one or more other recipients in its inside or outside the
classification so that the total state funds to be received by
all the recipients in the classification will not be altered,
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. 76. Minnesota Statutes 1982, section 174A.02,
subdivision 2, is amended to read:
Subd. 2. [SPECIFIC FUNCTIONS AND POWERS.] The board shall
further hold hearings and issue orders in cases brought before
it by either the commissioner or by a third party in the
following areas:
(a) Adequacy of services which all carriers are providing
to the public, including the continuation, termination or
modification of all services and facilities.
(b) The reasonableness of tariffs of rates, fares, and
charges, or any a part or classification thereof, and prescribe
the form and manner of filing, posting and publication thereof.
The board may authorize common carriers by rail and motor
carrier for hire to file tariffs of rates, fares, and charges
individually or by group. All such Carriers participating in
group rate making shall have the free and unrestrained right to
take independent action either before or after any a
determination arrived at through such procedure.
(c) The issuing of franchises, permits, or certificates of
convenience and necessity.
Sec. 77. Minnesota Statutes 1982, section 174A.06, is
amended to read:
174A.06 [CONTINUATION OF RULES OF PUBLIC SERVICE
COMMISSION, PUBLIC UTILITIES COMMISSION, AND DEPARTMENT OF
TRANSPORTATION.]
All rules, Orders and directives heretofore in force,
issued or promulgated by the public service commission, public
utilities commission, or the department of transportation under
authority of chapters 174, 216A, 218, 219, and 221 and 222 shall
remain and continue in force and effect until repealed, modified
, or superseded by duly authorized rules, orders or directives
of the transportation regulation board. Rules adopted by the
public service commission, public utilities commission or the
department of transportation under authority of the following
sections are transferred to the transportation regulation board
and continue in force and effect until repealed, modified, or
superseded by duly authorized rules of the transportation
regulation board:
(1) section 218.041 except rules related to the form and
manner of filing railroad rates, railroad accounting rules, and
safety rules;
(2) section 219.40;
(3) rules relating to rates or tariffs, or the granting,
limiting, or modifying of permits or certificates of convenience
and necessity under section 221.031, subdivision 1;
(4) rules relating to the sale, assignment, pledge, or
other transfer of a stock interest in a corporation holding
authority to operate as a permit carrier as prescribed in
section 221.151, subdivision 1, or a local cartage carrier under
section 221.296, subdivision 8;
(5) rules relating to rates, charges, and practices under
section 221.161, subdivision 4; and
(6) rules relating to rates, tariffs, or the granting,
limiting, or modifying of permits or certificates of convenience
and necessity under section 221.296, subdivision 2.
The board shall review the transferred rules, orders, and
directives and, when appropriate, develop and adopt new rules,
orders, or directives within 18 months of July 1, 1981 1985.
Sec. 78. Minnesota Statutes 1982, section 221.061, is
amended to read:
221.061 [OPERATION CERTIFICATE FOR REGULAR ROUTE COMMON
CARRIER OR PETROLEUM CARRIER.]
Any A person desiring a certificate authorizing operation
as a regular route common carrier or petroleum carrier, or an
extension of or amendment to such that certificate, shall file a
petition therefor with the board which shall must contain such
information as the board, by rule may prescribe.
Upon the filing of a petition for a certificate, the
petitioner shall pay into the state treasury to the commissioner
as a fee for the issuance thereof issuing the certificate the
sum of $75 and for any a transfer or lease of such the
certificate the sum of $37.50.
The petition shall must be processed as any other petition.
The board shall cause a copy and a notice of hearing thereon to
be served upon any a competing carrier operating into any a city
located on the proposed route of the petitioner and to such
other persons or bodies politic which the commission board deems
interested in the petition. Such A competing carrier and other
persons or bodies politic are hereby declared to be interested
parties to the proceedings.
If, during the hearing, an amendment to the petition is
proposed which appears to be in the public interest, the board
may allow the same it when the issues and the territory are not
unduly broadened by the amendment.
Sec. 79. Minnesota Statutes 1982, section 221.071, is
amended to read:
221.071 [ISSUANCE OF CERTIFICATE TO REGULAR ROUTE COMMON
CARRIER OR PETROLEUM CARRIER.]
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 requires the granting of the
petition or any a part thereof of it, 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 thereby, to the
transportation service being furnished by any 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 such terms and conditions as in its judgment public
convenience and necessity may require.
The board may grant a temporary certificate, ex parte,
valid for a period not exceeding six months, upon a showing that
no regular route common carrier is then authorized to serve on
the route sought, that there is no other petition on file with
the board covering said route, and that there is a need for the
proposed service.
A certificate which has been issued to a regular route
common carrier may be amended by the board on ex parte petition
and payment of a fee of $25 fee to the commissioner so as to
grant an additional or alternate route where there is no other
means of transportation over such the proposed additional route
or between the termini thereon, and such the proposed additional
route does not exceed ten miles in length.
Sec. 80. Minnesota Statutes 1982, section 221.131, is
amended to read:
221.131 [PERMITS; TERMS, FEES, IDENTIFICATION CARDS.]
Permits issued pursuant to under the provisions of sections
221.011 to 221.291 shall be are effective for a 12-month period.
Each permit holder shall have has one annual renewal date
encompassing all of the permits held by him. The permit holder
shall pay into the treasury of the state of Minnesota to the
commissioner a fee of $25 for each kind of permit,
reinstatement, or extension of authority for which a petition is
filed, except on annual renewal, pursuant to under section
221.121 and a registration fee of $20 on each vehicle, including
pickup and delivery vehicles, operated by him under authority of
the permit during the 12-month period or fraction of the
12-month period. Trailers used by petitioner in combination
with power units shall are not be counted as vehicles in the
computation of fees under this section if the petitioner pays
the fees for power units. The commissioner shall furnish a
distinguishing identification card for each vehicle or power
unit for which a fee has been paid, which and the identification
card shall must at all times be carried in the vehicle or power
unit to which it has been assigned. Identification cards may be
reassigned to another vehicle or power unit without fee by the
commissioner upon petition of the permit holder. Identification
cards issued under the provisions of this section shall be are
valid only for the period for which the permit is effective.
The name and residence of the permit holder shall must be
stenciled or otherwise shown on both sides of each registered
vehicle operated under the permit. In the event a permit has
been suspended or revoked, the board may consider a petition for
reinstatement of the permit, upon the same procedure required
for an original petition, and may, in its discretion, grant or
deny the permit. Regular route common carriers and petroleum
carriers, operating under sections 221.011 to 221.291, shall
annually on or before January 1 of each calendar year, pay into
the treasury of the state of Minnesota to the commissioner an
annual registration fee of $20 for each vehicle, including
pickup and delivery vehicles, operated during any a calendar
year.
The department may issue special "floater" identification
cards up to a maximum of five per motor carrier. Floater cards
may be freely transferred between vehicles used under short-term
leases by the motor carrier. The motor carrier shall pay to the
commissioner a fee of $100 for each floater card issued.
A fee of $3 shall be, to be paid to the commissioner, is
charged for the replacement of an unexpired identification card
which has been lost or damaged by the owner.
The provisions of this section are limited by the
provisions of any applicable federal law.
Sec. 81. Minnesota Statutes 1982, section 221.221, is
amended to read:
221.221 [ENFORCEMENT POWERS.]
Transportation representatives and hazardous material
specialists of the department for the purpose of enforcing the
provisions of this chapter and section 296.17, subdivisions 10
and 17 and the applicable rules, orders, or directives of the
commissioner, the commissioner of revenue, and the board issued
pursuant to under this chapter and chapter 296, but for no other
purpose, shall have all the powers conferred by law upon police
officers. The powers shall include the authority to conduct
inspections at designated highway weigh stations or under other
appropriate circumstances within the state for the purpose of
viewing log books, licenses, health certificates and other
documents or equipment required to be maintained within
commercial motor vehicles operating in Minnesota pursuant to
applicable state motor vehicle carrier laws and rules.
Sec. 82. Minnesota Statutes 1982, section 221.296,
subdivision 5, is amended to read:
Subd. 5. [PERMIT FEES.] Upon filing of a petition for a
permit the petitioner shall pay to the state treasury
commissioner as a fee for the issuance thereof of the permit,
the sum of $50, and shall thereafter pay an annual renewal fee
of $75 plus $5 per motor vehicle if the local cartage carrier
operates less than five motor vehicles, or $100 plus $5 per
motor vehicle if the local cartage carrier operates at least
five but less than 15 motor vehicles, or $150 plus $5 per motor
vehicle if the local cartage carrier operates 15 or more
vehicles provided that said the $5 per motor vehicle charge
shall does not apply to taxicabs operated pursuant to under a
local cartage permit. Upon issuance of the permit the
commissioner shall assign the carrier a permit number, which
shall must be painted or prominently displayed on both sides of
all vehicles used by the local cartage carrier under authority
of said the permit.
Sec. 83. Minnesota Statutes 1982, section 221.64, is
amended to read:
221.64 [REGISTRATION FEE; EXEMPTIONS.]
Such Registration as herein provided shall must be granted
upon petition, without hearing, upon payment of an initial
filing fee in the amount of $25 to the commissioner. Upon
petition, and payment of said the fee if applicable, the
commissioner shall furnish to the registration holder a
distinguishing identification stamp for each motor vehicle
included in said the registration which and the stamp shall
must at all times be carried in the registered vehicle of the
registration holder. For each identification stamp issued, the
commissioner shall establish and collect a fee of no more than
$5 to be deposited in the state treasury, provided that a lesser
fee may be collected pursuant to under the terms of reciprocal
agreements between the commissioner and the regulatory bodies of
other states or provinces of the Dominion of Canada.
Sec. 84. Minnesota Statutes 1982, section 221.81, is
amended to read:
221.81 [BUILDING MOVER REGULATION.]
Subdivision 1. [DEFINITION DEFINITIONS.] For the purposes
of this section, the terms used in this section have the
meanings given them in this subdivision.
(a) "Building mover" means any a person, corporation, or
other entity engaged in the business of raising, supporting off
the foundation, and moving buildings, excluding manufactured
homes on and over public streets and highways. Building mover
does not include a person who moves manufactured homes or
farmers moving farm buildings.
(b) "Political subdivision" means a city, town, or county.
(c) "Road authority" has the meaning given it in section
160.02, subdivision 9.
Subd. 2. [LICENSE.] All building movers operating in
Minnesota shall be licensed by the board No person may operate
as a building mover in this state unless licensed by the
commissioner.
Subd. 3. [LICENSE APPLICATION.] To obtain a license to
operate as a building mover an applicant shall file a petition
an application with the commissioner specifying the name and
address of its officers and other information as the board
commissioner may reasonably require. The board commissioner
shall issue the license upon compliance by the applicant with
bonding and insuring insurance requirements set by rule of the
department and payment of an initial $150 filing fee. A license
once granted shall continue continues in full force and effect,
subject to a $100 annual renewal fee and compliance with bonding
and insuring insurance requirements, unless revoked or suspended.
The commissioner, upon approval of a license for a building
mover, shall issue a sufficient number of cab cards to each
licensed mover to provide one cab card for each power unit used
in moving buildings. The fee is $50 $10 for each cab card
issued. The cab card must be carried at all times in a readily
available place in the cab of the power unit for which it was
issued. The building mover may also purchase up to five floater
cab cards for a fee of $200 $100 for each floater card issued.
Cab cards shall be are effective for a 12-month period and shall
continue from year to year thereafter upon payment of the
required fee. Cab cards shall are only be good for the period
for which the license is effective.
Licenses shall be transferable pursuant to the provisions
of section 221.151.
Subd. 3a. [INSURANCE.] Each building mover shall have in
effect the following:
(a) comprehensive general liability insurance including
completed operations, underground property damage, and collapse
coverage in the amount of at least $500,000 for bodily injury or
property damage; and
(b) motor vehicle liability insurance in the amount of at
least $500,000 for bodily injury or property damage.
The insurance must be written by an insurer licensed to do
business in the state of Minnesota. Each building mover shall
file with the commissioner a certificate evidencing the
insurance. The insurance policy must provide that the policy
may not be canceled without the insurer first giving 30 days
written notice to the commissioner of the impending cancellation.
Subd. 3b. [LOCAL PERMITS.] A building mover may not move a
building on or across a street or highway without first
obtaining a permit from the road authority having jurisdiction
over the street or highway. A permit for the movement of a
building may not be granted to a building mover who does not
possess a current license issued by the commissioner.
Subd. 3c. [LOCAL REGULATION.] No license to move buildings
or bond, cash deposit, or insurance coverage may be required by
a political subdivision of the state other than the license and
insurance coverage required by the commissioner. A road
authority may charge a fee for services performed and may
require a permit which reasonably regulates the hours, routing,
movement, parking, or speed limit for a building mover operating
on streets or highways under its jurisdiction. A building mover
shall comply with the state building code in jurisdictions which
have adopted the state building code, and with local ordinances
which regulate the moving or removing of buildings. A building
mover may not be required to pay a route approval fee to, or
obtain a permit for the movement of a building on streets or
highways from, a political subdivision which is not also the
road authority. This section does not prohibit a political
subdivision from charging a permit fee for regulation of
activities which do not involve the use of public streets or
highways. Neither the state nor a political subdivision may
regulate rates charged by building movers.
Subd. 4. [LICENSE REVOCATION, SUSPENSION, DENIAL.] The
board commissioner, after notice and a hearing, may revoke,
suspend, or deny a license for:
(a) failure to pay application or renewal fees;
(b) failure to comply with bonding and insuring
requirements;
(c) Conduct of the applicant or license holder that impairs
usage of to reimburse the road authority for damage to public
highways, roads, streets, or utilities which are not paid for by
the license holders insurer;
(d) (b) conduct of the applicant or license holders that
endangers the health and safety of users of the public highways,
roads, streets, or utilities; or
(e) a course of (c) conduct of the applicant or license
holder that demonstrates unsafe or hazardous operation of the
business obstructs traffic in a manner other than as authorized
in the permit;
(d) violation of the provisions of this section; or
(e) failure to obtain required local moving permits or
permits required by section 169.86.
Subd. 5. [SUSPENSION BY COMMISSIONER.] The commissioner
may shall suspend a license without a hearing for the following
reasons:
(1) (a) failure to pay the application or renewal fee; or
(2) (b) failure to comply with bonding and insurance
requirements.
The suspension shall continue continues until the fees have
been are paid and the bonding and insurance requirements have
been are satisfied.
Subd. 6. [APPLICATION OF VIOLATION AND PENALTY PROVISIONS
PENALTIES.] The violation and penalty provisions of section
221.291 are applicable to this section A person who violates, or
aids or abets the violation of, any of the provisions of this
section is guilty of a misdemeanor. Every distinct violation is
a separate offense.
Subd. 7. [RULES.] The commissioner shall promulgate rules
establishing bonding and insuring requirements.
Subd. 8. [LOCAL REGULATION.] No license to move buildings,
bond or insurance coverage shall be required by a political
subdivision of the state other than the license, bond and
insurance coverage issued or required by the board or
commissioner. A political subdivision or the department may
require a permit which reasonably regulates the hours, routing,
movement, parking or speed limit for a building mover operating
on streets or roads within the jurisdiction of the political
subdivision or highways within the jurisdiction of the
commissioner. Neither the state nor a political subdivision may
regulate rates charged by building movers.
Subd. 9. [FEES DEPOSITED IN GENERAL FUND.] All fees
collected pursuant to this section shall be deposited in the
general fund.
Sec. 85. [221.82] [RECEIPTS TO BE CREDITED TO TRUNK
HIGHWAY FUND.]
Money received by the commissioner under the provisions of
this chapter shall be paid into the state treasury and credited
to the trunk highway fund.
Sec. 86. [221.83] [COSTS TO BE PAID FROM THE TRUNK HIGHWAY
FUND.]
The costs of administering the provisions of this chapter
shall be paid from the trunk highway fund.
Sec. 87. Minnesota Statutes 1982, section 296.17,
subdivision 10, is amended to read:
Subd. 10. [LICENSE.] (a) No motor carrier shall may
operate a commercial motor vehicle upon the highways of this
state unless and until he has been issued a license pursuant to
this section or has obtained a trip permit or temporary
authorization as provided in this section.
(b) A license shall be issued to any responsible person
qualifying as a motor carrier who makes application therefor and
who shall pay pays to the commissioner, at the time thereof, a
license fee of $10 $20. Such The license shall remain is
valid for a period of up to two years or until revoked by the
commissioner or until surrendered by the motor carrier. All
outstanding licenses will expire on March 31 of each
even-numbered year beginning with 1984 and may be renewed upon
application to the commissioner and payment of the $20 fee.
Such The license, photocopy, or electrostatic copy of it, shall
be carried in the cab of every commercial motor vehicle while it
is being operated in Minnesota by a licensed motor carrier.
Sec. 88. Minnesota Statutes 1982, section 296.17,
subdivision 17, is amended to read:
Subd. 17. [TRIP PERMITS AND TEMPORARY AUTHORIZATIONS.] (a)
A motor carrier may obtain a trip permit which shall authorize
an unlicensed motor carrier to operate a commercial motor
vehicle in Minnesota for a period of five consecutive days
beginning and ending on the dates specified on the face of the
permit. The fee for such the permit shall be $5 $15. Fees for
trip permits shall be in lieu of the road tax otherwise
assessable against such the motor carrier on account of such the
commercial motor vehicle operating therewith, and no reports of
mileage shall be required with respect to such the vehicle.
The above permit shall be issued in lieu of license if in
the course of the motor carrier's operations he operates on
Minnesota highways no more than three times in any one calendar
year.
(b) Whenever the commissioner is satisfied that unforeseen
or uncertain circumstances have arisen which requires a motor
carrier to operate in this state a commercial motor vehicle for
which neither a trip permit pursuant to clause (a) of this
subdivision nor a license pursuant to subdivisions 7 to 22 has
yet been obtained, and if the commissioner is satisfied that
prohibition of such that operation would cause undue hardship,
the commissioner may provide the motor carrier with temporary
authorization for the operation of such the vehicle. A motor
carrier receiving temporary authorization pursuant to this
subdivision shall perfect the same either by obtaining a trip
permit or a license, as the case may be, for the vehicle at the
earliest practicable time.
Sec. 89. Minnesota Statutes 1982, section 296.17,
subdivision 20, is amended to read:
Subd. 20. [ENFORCEMENT POWERS.] (a) The commissioner is
hereby authorized and directed to enforce the provisions of
subdivisions 7 to 22. In addition, the commissioner of public
safety is hereby authorized and directed to utilize use the
Minnesota state patrol to assist in the enforcement of the
provisions of subdivisions 7 to 22 and the commissioner of
transportation is authorized and directed to enforce the
provisions of subdivisions 10 and 17 as provided in section
221.221.
(b) The officers of the Minnesota state patrol shall in
addition to all other powers granted to them by Minnesota
Statutes have the power of making arrests, service process, and
appearing in court in all matters and things relating to
subdivisions 7 to 22 and the administration and enforcement
thereof.
Sec. 90. Minnesota Statutes 1982, section 296.25,
subdivision 1, is amended to read:
Subdivision 1. Any person who fails to comply with any
provisions of sections 296.01 to 296.421, or who makes any false
statement in any report, record, or sales ticket required by
sections 296.12, 296.14, 296.17, subdivision 5, 296.18,
subdivision 2, or 296.21, shall be guilty of a misdemeanor. A
minimum fine of $200 shall be imposed on a person who fails to
obtain a license or trip permit required under section 296.17,
subdivisions 10 and 17.
Prosecutions commenced under this section may be brought in
the county in which the defendant resides or in Ramsey county.
The county attorney of any county in which such the action
is commenced, shall on request of the commissioner of revenue,
prosecute violations of this chapter. Costs, fees, and expenses
incurred by any county attorney in litigation in connection with
such actions the action may be paid from appropriations to the
commissioner of revenue for the administration of this chapter.
Sec. 91. Minnesota Statutes 1982, section 299C.37,
subdivision 3, is amended to read:
Subd. 3. The superintendent of the bureau shall, upon
written application, issue a written permit, which shall be
nontransferable, to any a person of good moral character, firm,
or corporation showing good cause to use such radio equipment
capable of receiving any a police emergency frequency, as a
necessity, in the lawful pursuit of a business, trade, or
occupation.
Sec. 92. Minnesota Statutes 1982, section 299C.46,
subdivision 3, is amended to read:
Subd. 3. The datacommunications network shall be used
exclusively for criminal justice agencies of the state in
connection with enforcement of the criminal or traffic laws of
the state.
The commissioner of public safety, after consultation with
representatives of participating criminal justice agencies, may
shall establish a monthly operational network access charge to
be paid by each participating criminal justice agency in the
event that money available to the commissioner for this purpose
is not adequate to pay these costs. The network access charge
shall be a standard fee established for each terminal, computer,
or other equipment directly addressable by the criminal justice
datacommunications network, as follows: January 1, 1984 to
December 31, 1984, $40 connect fee per month; January 1, 1985
and thereafter, $50 connect fee per month.
The commissioner of public safety is authorized to arrange
for the connection of the datacommunications network with the
criminal justice information system of the federal government,
any adjacent state, or Canada.
Sec. 93. Minnesota Statutes 1982, section 299D.03,
subdivision 8, is amended to read:
Subd. 8. [CAUSES FOR DISCHARGE.] Causes for suspension,
demotion, or discharge shall be: A trooper who has completed six
months of continuous employment shall not be suspended, demoted
or discharged except for just cause. For purposes of this
section, just cause includes, but is not limited to:
(1) conviction of any criminal offense in any court of
competent jurisdiction subsequent to the commencement of such
employment;
(2) neglect of duty or willful violation or disobedience of
orders or rules;
(3) inefficiency in performing duties;
(4) immoral conduct or conduct injurious to the public
welfare, or conduct unbecoming an officer; or
(5) incapacity or partial incapacity affecting his normal
ability to perform his official duties.
Sec. 94. Minnesota Statutes 1982, section 299D.03,
subdivision 9, is amended to read:
Subd. 9. [CHARGES AGAINST TROOPERS.] (a) Charges against
any state trooper shall be made in writing and signed and sworn
to by the person making the same, which written charges shall be
filed with the commissioner. Upon the filing of same, if the
commissioner shall be of the opinion that such charges
constitute a ground for suspension, demotion, or discharge, he
shall order a hearing to be had thereon and fix a time for such
hearing and may designate a subordinate as his deputy to conduct
such hearing. Otherwise he shall dismiss the charges shall be
held on them. The hearing shall be conducted by an arbitrator
selected by the parties from a list of five arbitrators provided
by the bureau of mediation services. At least ten 30 days
before the time appointed for the hearing, written notice
specifying the charges filed and stating the name of the person
making the charges, shall be served on the employee personally
or by leaving a copy thereof at his usual place of abode with
some person of suitable age and discretion then residing
therein. If the commissioner orders a hearing he may suspend
such employee pending his decision to be made after such before
the hearing.
(b) Members of the state patrol shall have the option of
utilizing either the contractual grievance procedure or the
legal remedies of this section, but in no event both.
(c) The commissioner, after having been informed by the
exclusive representative that the employee against whom charges
have been filed desires to utilize the grievance procedure of
the labor agreement, may immediately suspend, demote or
discharge the employee without the hearing required by clause
(a).
Sec. 95. Minnesota Statutes 1982, section 299D.03,
subdivision 10, is amended to read:
Subd. 10. [HEARING ON CHARGES, DECISION, PUNISHMENT.] The
commissioner or his designated subordinate shall have power to
compel the attendance of witnesses at any such hearing and to
examine them under oath, and to require the production of books,
papers, and other evidence at any such hearing, and for that
purpose may issue subpoenas and cause the same to be served and
executed in any part of the state. The employee accused shall
be entitled to be confronted with the witnesses against him and
have an opportunity to cross-examine the same and to introduce
at such hearing testimony in his own behalf, and to be
represented by counsel at such hearing. If the hearing is
conducted by a designated subordinate of the commissioner such
designated subordinate upon completion of the hearing shall
forthwith transmit a transcript of the testimony of the hearing,
together with his recommendations, to the commissioner. The
commissioner, within 25 days after such hearing, shall render
his decision in writing and file the same in his office. If
after such hearing he finds that any such charge made against
such state employee is true, he may punish the offending party
by reprimand, suspension without pay, demotion, or dismissal. If
upon any such hearing the commissioner shall find the charges
made against such trooper are not true, or dismiss such charges
after such hearing, such trooper shall be reinstated in his
position and any salary or wages withheld from him pending the
determination or decision of the commissioner upon such charges
shall be paid to such trooper by the commissioner out of state
funds. The arbitrator may compel the attendance of witnesses at
the hearing and examine them under oath, and may require the
production of books, papers, and other evidence at the hearing,
and for that purpose may issue subpoenas and cause them to be
served and executed in any part of the state. The employee
accused is entitled to be confronted with the witnesses against
him and may cross-examine them and may introduce at the hearing
testimony in his own behalf, and to be represented by counsel at
the hearing.
Sec. 96. Minnesota Statutes 1982, section 299D.03,
subdivision 11, is amended to read:
Subd. 11. [REVIEW BY CERTIORARI OF ARBITRATION AWARD.] Any
state trooper who is so suspended, demoted, or dismissed may
have such decision or determination of the commissioner reviewed
by a writ of certiorari arbitrator reviewed pursuant to the
Uniform Arbitrator Act in the district court of the county where
such trooper resides. If such decision or determination of the
commissioner arbitrator shall be finally rejected or modified by
the court, the trooper shall be reinstated in his position, and
the commissioner shall pay to the trooper so suspended out of
the funds of the state the salary or wages withheld from him
pending the determination of the charges or as may be directed
by the court.
Sec. 97. Minnesota Statutes 1982, section 343.01,
subdivision 3, is amended to read:
Subd. 3. The society shall must be governed by a board of
directors consisting of seven persons appointed by the
governor. The governor, the commissioner of education, and the
attorney general, or their designees shall serve as ex officio,
nonvoting members of the board. The membership terms,
compensation, removal, and filling of vacancies of board members
other than ex officio members shall be as provided in section
15.0575; provided that the terms of two initial members shall
expire in each of 1979, 1980, and 1981, and the term of the
seventh initial member shall expire in 1982. The members of the
board shall annually elect a chairman and other officers as
deemed necessary. Meetings shall must be called by the chairman
or at least two other members. The governor shall appoint an
executive director who shall serve in the unclassified civil
service at the governor's pleasure for a term coterminous with
that of the governor. The board executive director may employ
other staff who shall serve in the unclassified civil service at
the pleasure of the board. The commissioner of administration
upon request of the board executive director shall supply the
board with necessary office space and administrative services,
and the board shall reimburse the commissioner for the cost
thereof.
Sec. 98. Minnesota Statutes 1982, section 352.86,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY; RETIREMENT ANNUITY.] Any
person who is employed by the department of transportation in
the civil service employment classification of aircraft pilot or
chief pilot who is covered by the general employee retirement
plan of the Minnesota state retirement system pursuant to
section 352.01, subdivision 23, who elects this special
retirement coverage pursuant to subdivision 3, who is prohibited
from performing the duties of aircraft pilot or chief pilot
after attaining the age of 60 62 years by a regulation of the
federal aviation administration adopted by the commissioner of
transportation and who terminates employment as a state employee
upon attaining that age shall be entitled, upon application, to
a retirement annuity computed in accordance with section
352.115, subdivisions 2 and 3, without any reduction for early
retirement pursuant to section 352.116, subdivision 1.
Sec. 99. Minnesota Statutes 1982, section 352.86, is
amended by adding a subdivision to read:
Subd. 1a. [DISABILITY BENEFITS.] An employee described in
subdivision 1, who is less than 62 years of age and who becomes
disabled and physically or mentally unfit to perform his duties
due to injury, sickness, or other disability, and who is found
disqualified for retention as chief pilot or pilot as a result
of a physical examination required by applicable federal laws or
regulations, shall be entitled upon application to disability
benefits for a maximum of five years in the amount of 75 percent
of current monthly salary, to be paid by the appointing
authority from the state airports fund. In no case shall
disability benefits continue beyond the age of 62 years. These
benefits are in lieu of all other state benefits for the
disability, including, but not limited to, workers' compensation
benefits.
Sec. 100. Minnesota Statutes 1982, section 360.018,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] The general public interest
and safety, the safety of persons receiving instruction
concerning or operating, using, or traveling in aircraft and of
persons and property on the ground, and the interest of
aeronautical progress requiring that aircraft operated within
this state should be airworthy, that airmen and those engaged in
air instruction should be properly qualified, and that airports,
restricted landing areas, and air navigation facilities should
be suitable for the purposes for which they are designed; the
purposes of sections 360.013 to 360.075, requiring that the
commissioner should be enabled to exercise the powers of
supervision therein granted; and the advantages of uniform
regulation making it desirable that aircraft operated within
this state should conform with respect to design, construction
and airworthiness to the standards prescribed by the United
States government with respect to civil aircraft subject to its
jurisdiction and that persons engaging in aeronautics within
this state should have the qualifications necessary for
obtaining and holding appropriate airman certificates of the
United States, the commissioner is authorized:
(1) To require the registration annually of federal
licenses, permits, or certificates of civil aircraft engaged in
air navigation within this state, and to issue certificates of
such registration, which certificates may be the same as the
certificates issued pursuant to section 360.59, subdivision 3.
The application for registration made pursuant to sections
360.54 to 360.67 shall be considered as the application for
registration required by this section.
(2) The certificates of registration of aircraft issued
pursuant to this section shall constitute licenses of such
aircraft for operations within this state to the extent
permitted by the federal licenses, certificates, or permits so
registered. The application for registration shall contain such
information as the commissioner may by rule, regulation, or
order prescribe. The first application for registration made in
this state shall be verified by the applicant. The second and
succeeding applications for registration need not be verified.
Each application for registration of aircraft shall be made as
required by sections 360.54 to 360.67.
(3) To license any person engaged in commercial operations
in accordance with rules and regulations to be adopted by the
commissioner and to annually renew such a license. The rules
and regulations adopted hereunder shall provide for:
(a) the maximum fee to be charged any one person for an
original license and the renewal thereof, such maximum fee not
to exceed $10;
(b) compliance with all requirements of the United States
government relating to permits or certificates governing
aircraft and airmen; and
(c) (b) compliance with all laws of the state of Minnesota
and rules and regulations of any state department or agency
promulgated thereunder;.
The fee for an original license or renewal license is $30.
(4) To approve airport and restricted landing area sites
and to license airports, restricted landing areas, or other air
navigation facilities, in accordance with rules and regulations
to be adopted by the commissioner, and to renew such licenses.
Licenses granted under this subdivision or under any prior law
shall be renewed annually or every three years upon payment of
the fee therefor, and licenses shall be granted for airports and
restricted landing areas which were being operated under a
license on the 1st day of July 1943, without requirements of a
certificate of approval, unless the commissioner shall
reasonably determine, after a public hearing to be called by him
and held in the same manner and upon the same notice as is
provided for hearings upon certificates of approval or original
licenses, that the operation of such airport or restricted
landing area is hazardous to persons operating, using, or
traveling in aircraft or to persons and property on the ground.
He shall make no charge for approval certificates of proposed
property acquisition for airport or restricted landing area
purposes. He may charge The fee for the issuance of each
original license for an airport or restricted landing area not
to exceed $10 is $15 per year and not to exceed $25 $40 for
three years, based on classifications made by the commissioner.
(5) To suspend or revoke any license or certificate of
registration of an aircraft or licensee of commercial operations
issued by him, or to refuse to issue any such license or
certificate of registration, when he shall reasonably determine
that any aircraft is not airworthy or that any licensee of
commercial operations is not qualified has engaged in
advertising by means of false or deceptive statements, has been
found guilty of gross incompetency or gross negligence, has been
found guilty of fraud, dishonesty, forgery, or theft, has
willfully violated the provisions of sections 360.013 to
360.075, the rules and regulations prescribed pursuant thereto,
or any other statute of this state relating to aeronautics, or
any act of congress or any rule or regulation promulgated
pursuant thereto, is addicted to the use of narcotics or other
habit forming drug or to the excessive use of intoxicating
liquor, has made any false statement in any application for
registration of a federal license, certificate or permit, or has
been guilty of other conduct, acts, or practices dangerous to
the public safety and the safety of those engaged in aeronautics.
Sec. 101. [ACCOUNT TRANSFERRED.]
The air transportation revolving account in the trunk
highway fund is transferred to the state airports fund and
renamed the air transportation services account.
Sec. 102. [360.024] [AIR TRANSPORTATION SERVICES.]
The commissioner shall charge users of air transportation
services provided by the commissioner for all direct and
indirect operating costs, excluding salaries and acquisition of
aircraft. All receipts for these services shall be deposited in
the air transportation services account in the state airports
fund and are appropriated to the commissioner to pay all direct
and indirect air service operating costs, excluding salaries.
Sec. 103. Minnesota Statutes 1982, section 360.63, is
amended to read:
360.63 [DEALER'S LICENSE.]
Subdivision 1. Any person engaged in the business of
selling, purchasing, or dealing in aircraft, new or used, and
who desires to withhold aircraft owned by him from tax as
provided in sections 360.511 to 360.67, may apply to the
commissioner for an aircraft dealer's license. In order to
qualify for an aircraft dealer's license the applicant shall
show that he has an established place of business on an airport
licensed as a public airport by the commissioner and that he has
the necessary buildings, facilities and equipment for the proper
storage and maintenance of aircraft in accordance with such
rules and regulations as may be established by the
commissioner. The commissioner may charge a fee of $10 for each
license which license shall be effective for one year from the
date of its issuance or he may authorize an aircraft dealer to
operate under a flight operator's license as otherwise provided
by Minnesota Statutes 1945, chapter 360, as amended. The
commissioner is empowered to suspend or revoke any license
issued by him when he shall determine that the holder thereof
has violated any of the provisions of sections 360.511 to 360.67
or has failed to maintain any of the requirements necessary to
obtain such license.
Subd. 2. Any licensed aircraft dealer may apply to the
commissioner for one or more aircraft dealer's plates. A charge
of $5 $15 shall be made for each such plate. Any aircraft owned
by said dealer may be used for the purpose of demonstration or
for any purpose incident to the usual conduct and operation of
his business as an aircraft dealer provided aircraft dealer's
plates are conspicuously attached to the aircraft when so used,
and provided said aircraft has been first listed with the
commissioner on an aircraft withholding form provided by him.
Sec. 104. Minnesota Statutes 1982, section 473.408,
subdivision 3, is amended to read:
Subd. 3. [SPECIAL FARES.] In off-peak hours the commission
and other operators shall charge the following reduced fares for
transit service:
(a) not more than 20 25 cents plus any zone charges for all
persons under the age of 18 holding an identification card
issued by the commission;
(b) not more than ten 25 cents for all persons 65 years of
age and over holding a medicare card or other identification
card authorized or approved by the commission; and
(c) not more than one-half of the full fare for all
handicapped persons, as defined by the commission.
Sec. 105. Minnesota Statutes 1982, section 473.436, is
amended by adding a subdivision 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 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 resolution shall 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 payable from committed or
appropriated money of grants or loans of the state or federal
government made to 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 notes shall 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. 106. Minnesota Statutes 1982, section 473.446,
subdivision 1, as amended by Laws 1983, chapter 17, section 13,
is amended to read:
Subdivision 1. [TAXATION WITHIN TRANSIT TAXING DISTRICT.]
For the purposes of sections 473.401 to 473.451 and the
metropolitan transit system, except as otherwise provided in
this subdivision the metropolitan transit commission shall levy
each year upon all taxable property within the metropolitan
transit taxing district, defined in subdivision 2, a transit tax
consisting of:
(a) An amount equal up to two mills times the assessed
value of all such property, based upon the level of transit
service provided for the property, the proceeds of which shall
be used for payment of the expenses of operating transit and
paratransit service;
(b) An additional amount, if any, as the commission
determines to be necessary to provide for the full and timely
payment of its certificates of indebtedness and other
obligations outstanding on July 1, 1977, to which property taxes
under this section have been pledged; and
(c) An additional amount necessary to provide full and
timely payment of certificates of indebtedness, bonds, or other
obligations issued or to be issued pursuant to section 473.436
for purposes of acquisition and betterment of property and other
improvements of a capital nature and to which the commission has
specifically pledged tax levies under this clause.
Sec. 107. Minnesota Statutes 1982, section 500.221,
subdivision 4, is amended to read:
Subd. 4. [REPORTS.] Any natural person, corporation,
partnership, limited partnership, trustee, or other business
entity prohibited from future acquisition of agricultural land
may retain title to any agricultural land lawfully acquired
within this state prior to June 1, 1981, but shall file a report
with the commissioner of agriculture annually before January 31
containing a description of all agricultural land held within
this state, the purchase price and market value of the land, the
use to which it is put, the date of acquisition and any other
reasonable information required by the commissioner. The
commissioner shall make the information available to the
public. All required annual reports shall include a filing fee
of $35 $50 plus $10 for each additional quarter section of land.
Sec. 108. Minnesota Statutes 1982, section 626.553,
subdivision 2, is amended to read:
Subd. 2. Whenever a peace officer discharges a firearm in
the course of duty, other than for training purposes or the
killing of an animal that is sick, injured, or dangerous,
notification shall be filed within 30 days of the incident by
the officer's department head with the commissioner of public
safety. The notification shall contain information concerning
the reason for and circumstances surrounding discharge of the
firearm. The commissioner of public safety shall file a report
with the legislature by November 15 of each even numbered year
containing summary information concerning use of firearms by
peace officers.
Sec. 109. Minnesota Statutes 1982, section 626.88,
subdivision 3, is amended to read:
Subd. 3. [EXCEPTION.] Security guards employed by the
capitol complex security division of the department of public
safety are not required to comply with subdivision 2 until April
July 1, 1983 1985, at which time they shall be subject to the
same uniform color restrictions as other security guards.
Sec. 110. [TEMPORARY LEGISLATIVE STUDY COMMISSION ON
METROPOLITAN TRANSIT.]
Subdivision 1. [CREATION; MEMBERSHIP.] A temporary
legislative study commission on metropolitan transit is created
consisting of five members of the house of representatives and
five members of the senate, named by the customary appointing
authority in each house. Members must be compensated in the
same manner and amount as for other legislative service.
Subd. 2. [ORGANIZATION; STAFF.] The commission shall
choose a chairperson and other officers as necessary. Staff and
administrative support for the commission must be provided by
existing legislative service offices.
Subd. 3. [STUDY.] The commission shall evaluate:
(a) the objectives of the Metropolitan Transit Commission
established for the seven-county metropolitan area, and its
effectiveness in achieving the purposes established by the
legislature;
(b) the powers, responsibilities, and external
accountability of the transit commission;
(c) the internal structure of the transit commission,
including the contractual relationship with the management
company;
(d) the efficiency of current labor practices and contracts
relative to use of labor required for peak hours;
(e) governmental arrangements for transit planning and
development in the metropolitan area, including the relationship
with the department of transportation, the metropolitan council,
and the transportation advisory board;
(f) the proper role of the transit commission in the
governance, regulation, and coordination of transit and other
public transportation services in the metropolitan area;
(g) the financing of public transit in the metropolitan
area, including fare structures and sources and amounts of
subsidy; and
(h) the effectiveness of the metropolitan transit service
demonstration program.
Subd. 4. [REPORT.] The commission shall submit a report of
its findings and recommendations to the legislature by February
1, 1984.
Subd. 5. [REPEALER.] This section is repealed on February
2, 1984.
Sec. 111. Laws 1975, chapter 235, section 2, is amended to
read:
Sec. 2. This act is effective July 1, 1975 and shall
expire June 30, 1983 1987.
Sec. 112. Laws 1977, chapter 277, section 1, is amended to
read:
Section 1. [TRANSPORTATION; HIGHWAY AND BRIDGE BONDS.]
The commissioner of finance is authorized and directed,
upon request of the commissioner of transportation, to issue and
sell Minnesota trunk highway bonds under the provisions of
Minnesota Statutes, Sections 167.50 to 167.52 and of the
Minnesota Constitution, Article XI, Sections 4 to 7, and Article
XIV,
Section 11, at such times and in such amounts as may be
requested by the commissioner of transportation. Bonds issued
pursuant to this section are authorized in an aggregate
principal amount of $50,000,000. The proceeds of such bonds
sold on or before April 6, 1983 shall be deposited in a separate
bridge construction account in the trunk highway fund. The
proceeds of bonds sold after April 6, 1983 shall be deposited in
a separate capital improvement account in the trunk highway fund
and are appropriated to the commissioner of transportation for
capital improvements on the trunk highway system, including
interstate routes.
Sec. 113. Laws 1977, chapter 277, section 3, subdivision
1, is amended to read:
Subdivision 1. The sum of $50,000,000 $31,000,000, or so
much thereof as is determined to be needed, is appropriated from
the separate bridge construction account in the trunk highway
fund created pursuant to section 1, to the department of
transportation for the design, construction and reconstruction
of key bridges and bridge approaches on the trunk highway system
including interstate routes. Any money appropriated under this
subdivision shall be expended in accordance with the
requirements for expenditure of money from the Minnesota state
transportation fund for trunk highway bridges as those
requirements are provided in Minnesota Statutes, Section 174.50
and in rules promulgated pursuant to that section.
Sec. 114. Laws 1983, chapter 17, section 12, is amended to
read:
Sec. 12. [TRUNK HIGHWAY BONDS.]
The commissioner of finance is authorized and directed, on
request of the commissioner of transportation, to issue and sell
Minnesota trunk highway bonds under the provisions of Minnesota
Statutes, sections 167.50 to 167.52 and of the Minnesota
Constitution, article XI, sections 4 to 6, and article XIV,
section 11, at the time and in the amounts requested by the
commissioner of transportation. Bonds issued under this section
are authorized in an aggregate principal amount of $56,000,000.
The proceeds of the bonds shall be deposited in a separate
capital improvement account in the trunk highway fund
and are appropriated to the commissioner of transportation for
capital improvements on the trunk highway system, including
interstate routes.
Sec. 115. [REPEALER.]
Minnesota Statutes 1982, sections 21.47; 21.48; 21.49;
21.50; 21.502; 21.503; 21.51; 21.52; 21.53; 21.54; 21.55; 21.56;
21.57; 21.58; 24.24; 24.25; 24.26; 24.27; 24.28; 24.29; 24.30;
24.31; 160.26, subdivision 3; 174A.07; 299C.37, subdivision 4;
326.54; 326.541; 326.542; 326.543; 326.544; 326.545; 326.546;
and 326.547, are repealed.
Sec. 116. [EFFECTIVE DATE.]
Sections 104 to 106 are effective the day following final
enactment in the counties of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington.
Sections 29, and 111 to 114 are effective the day following
final enactment. Section 61 is effective January 1, 1984.
Sections 85 and 86 are effective July 1, 1985.
Approved June 7, 1983
Official Publication of the State of Minnesota
Revisor of Statutes