Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1987, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1987
CHAPTER 404-H.F.No. 1315
An act relating to the organization and operation of
state government; appropriating money for the general
legislative, judicial, and administrative expenses of
state government; providing for the transfer of
certain money in the state treasury; fixing and
limiting the amount of fees, penalties, and other
costs to be collected in certain cases; creating,
abolishing, modifying, and transferring agencies and
functions; defining and amending terms; providing for
settlement of claims; imposing certain duties,
responsibilities, authority, and limitations on
agencies and political subdivisions; amending
Minnesota Statutes 1986, section 2.722, subdivision 1;
3.30, subdivision 2; 3.303, subdivision 5; 3.85,
subdivision 12; 3C.035, subdivisions 1 and 2; 3C.11,
subdivision 2; 3C.12, subdivision 7; 8.15; 14.08;
14.26; 15A.081, subdivisions 1, 7, and 7b; 15A.083,
subdivision 4; 16A.127, subdivision 8; 16A.85, by
adding a subdivision; 16B.20, subdivision 2; 16B.41;
16B.42, subdivision 4; 18.171, subdivisions 1, 5, and
by adding a subdivision; 18.241, subdivision 2;
18.291; 18.311; 69.021, subdivision 5; 84.01,
subdivision 3; 84.0272; 84.091, subdivision 3; 84.83,
subdivision 3; 85.30; 85.41; 85.42; 85.43; 85.45;
85A.02, subdivision 5a; 85A.04, subdivision 1; 88.065;
92.46, subdivision 1; 92.67, subdivisions 1, 3, 4, and
by adding a subdivision; 93.335, subdivision 4;
97A.061, subdivision 1; 97A.065, subdivision 2;
97A.105, subdivision 1; 97A.445, subdivision 1;
97A.475, subdivisions 2, 3, 6, 7, 8, 9, 11, 12, 13,
and 20; 97A.485, subdivision 6; 97C.211, by adding a
subdivision; 115A.42; 115A.44; 115A.45; 115A.46,
subdivision 1; 115A.49; 115A.51; 115A.52; 115A.53;
115A.917; 116.41, subdivision 2; 116C.712, by adding a
subdivision; 161.1419, subdivision 4; 168.012,
subdivision 1c; 175A.07, subdivision 2; 176.611,
subdivisions 2, 6a, and by adding a subdivision;
197.481, subdivision 5; 204B.11, subdivision 1;
214.04, subdivision 3; 221.67; 271.01, by adding a
subdivision; 273.1314, subdivision 16a; 296.16,
subdivision 1; 296.421, subdivision 5; 298.22,
subdivision 1; 302A.011, subdivision 11; 302A.153;
303.07, subdivision 2; 303.13, subdivision 1; 303.21,
subdivision 3; 317.67, subdivisions 2 and 3; 322A.16;
322A.71; 330.11, subdivision 3; 333.055, subdivision
3; 403.11, subdivision 1; 462A.05, by adding a
subdivision; 462A.21, by adding a subdivision;
473.351, by adding a subdivision; 480.15, by adding a
subdivision; 480.241; 480A.08, subdivision 3; 484.68,
subdivisions 3 and 5; 540.152; 543.08; 609.101;
626.861, subdivision 4; proposing coding for new law
in Minnesota Statutes, chapters 3; 5; 16A; 18; 43A;
84; 86; 89; 93; 97A; 97C; 115A; 480; 481; and 484;
repealing Minnesota Statutes 1986, sections 3.099,
subdivision 2; 3.9226, subdivision 8; 6.495,
subdivision 2; 15A.081, subdivision 6; 15A.082,
subdivision 5; 15A.083, subdivision 1; 92.67,
subdivision 6; 116J.87; 296.421, subdivision 5a; and
473.351, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [STATE DEPARTMENTS; APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another fund named, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "1987," "1988," and "1989," where used in this act, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 1987, June 30, 1988, or
June 30, 1989, respectively.
SUMMARY BY FUND
1987 1988 1989 TOTAL
General $3,325,900 $327,120,700 $341,020,700 $671,467,300
Special Revenue 395,000 57,391,400 57,060,300 114,846,700
Game and Fish 37,832,700 39,108,200 76,940,900
Trunk Highway 284,800 6,240,000 6,035,000 12,559,800
Highway User 1,887,100 1,787,100 3,674,200
Workers' Comp. 18,300 11,826,800 11,561,400 23,388,200
Environmental 4,078,900 4,071,100 8,150,000
Metro Landfill
Abatement 1,134,000 1,134,000 2,268,000
Metro Landfill
Contingency 670,000 170,000 840,000
Minnesota Resources 7,951,700 7,964,500 15,916,200
Motor Vehicle
Transfer 1,675,400 1,210,400 2,885,800
Water Pollution
Control 5,386,800 6,694,800 12,081,600
Transfers to Other
Direct ( 395,000) (5,068,300) (4,765,200) (9,833,500)
TOTAL $3,629,000 $458,127,200 $473,052,300 $934,808,500
APPROPRIATIONS
Available for the Year
Ending June 30
1988 1989
Sec. 2. LEGISLATURE
Subdivision 1. Total for $33,556,500 $36,004,800
this section
Summary by Fund
General $33,529,000 $35,982,100
Trunk Highway $ 27,500 $ 22,700
Subd. 2. Senate 11,647,000 12,600,800
Subd. 3. House of Representatives 14,737,000 16,036,000
Subd. 4. Legislative Coordinating
Commission 4,230,200 4,399,700
Summary by Fund
General $ 4,202,700 $ 4,377,000
Trunk Highway $ 27,500 $ 22,700
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Legislative Reference Library
1988 1989
$ 727,700 $ 757,000
(b) Revisor of Statutes
$1,982,900 $2,036,200
In addition to the appropriations in
this section, the commissioner of
finance shall transfer money from the
general fund salary supplement
appropriation to the revisor's account
for employees of the revisor's office.
The amount transferred must be for the
same percentage of the revisor's total
payroll as for similar agencies in the
executive branch.
The revisor of statutes must reindex
Minnesota Statutes over a period of
about eight years.
(c) Legislative Commission on the
Economic Status of Women
$ 123,500 $ 130,300
(d) Legislative Commission on
Employee Relations
$ 95,800 $ 96,200
(e) Great Lakes Commission
$ 37,200 $ 42,200
(f) Legislative Commission on Pensions
and Retirement
$ 555,600 $ 563,700
(g) Legislative Commission to Review
Administrative Rules
$ 117,800 $ 122,700
(h) Legislative Commission on Waste
Management
$ 113,500 $ 118,600
(i) Legislative Committee on
Planning and Fiscal Policy
$ 100,000 $ 100,000
(j) Mississippi River Parkway Commission
$ 27,500 $ 22,700
This appropriation is from the trunk
highway fund.
(k) Legislative Coordinating Commission -
General Support
$ 348,700 $ 410,100
$50,000 the first year and $50,000 the
second year are reserved for
unanticipated costs of agencies in this
subdivision and subdivision 5. The
legislative coordinating commission may
transfer necessary amounts from this
appropriation to the appropriations of
the agencies concerned, and the amounts
transferred are appropriated to those
agencies to be spent by them. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$70,200 the first year and $74,400 the
second year are for the state
contribution to the national conference
of state legislatures.
$61,600 the first year and $65,300 the
second year are for the state
contribution to the Council of State
Governments.
Subd. 5. Legislative Audit
Commission 2,942,200 2,968,300
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Legislative Audit Commission
$ 15,000 $ 15,500
(b) Legislative Auditor
$2,927,200 $2,952,800
Sec. 3. SUPREME COURT
Subdivision 1. Total
Appropriation 8,862,700 9,003,600
Summary by Fund
General $ 6,299,900 $ 6,308,000
Special Revenue $ 2,562,800 $ 2,695,600
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Supreme Court
Operations
Total Appropriation
$2,594,900 $2,552,400
$2,100 the first year and $2,200 the
second year are for a contingent
account for expenses necessary for the
normal operation of the court for which
no other reimbursement is provided.
$50,000 is available to the supreme
court to study gender bias throughout
the state judicial system and to
prepare a report for the chair of the
house appropriations committee and the
chair of the senate finance committee
by June 30, 1989.
Subd. 3. Legal Services Surcharge
Grant
$2,562,800 $2,695,600
These appropriations are from the legal
services account in the special revenue
fund for legal services to low-income
clients, family farm legal assistance,
and improvement of court information
systems. Any unencumbered balance
remaining of the legal services
appropriation in the first year does
not cancel but is available for the
second year of the biennium.
Of the filing fee surcharge collected
under Minnesota Statutes, section
480.241, one-half of the amount is
available for legal services programs
and clients under Minnesota Statutes,
sections 480.242 and 480.243. Of the
other half of the surcharge collected,
$850,000 in fiscal year 1988 and
$850,000 in fiscal year 1989 is
available for family farm legal
assistance under Minnesota Statutes,
section 480.250, and the remaining
balance must be transferred to the
software sales account.
Subd. 4. State Court Administrator
$2,981,800 $3,007,300
$22,400 the first year and $53,700 the
second year are for allocated costs of
the revisor of statutes. If these
amounts are to be unallotted or
otherwise reduced for reasons relating
to budget shortfalls, the reduction may
not exceed the average of the reduction
for all state agencies.
Subd. 5. State Law Library
$ 723,200 $ 748,300
Sec. 4. COURT OF APPEALS 3,469,200 3,434,000
Sec. 5. TRIAL COURTS 17,935,400 18,244,200
Sec. 6. BOARD ON JUDICIAL
STANDARDS 154,800 154,700
Approved Complement - 2
Sec. 7. BOARD OF PUBLIC DEFENSE 2,261,200 2,510,400
Approved Complement - 29
Of this appropriation, $239,300 the
first year and $478,700 the second year
are for the purpose of providing legal
services to the indigent residents of
distressed counties as defined under
Minnesota Statutes, section 297A.257.
During the biennium, legal assistance
to Minnesota prisoners shall serve the
civil legal needs of persons confined
to state institutions.
None of this appropriation shall be
used to pay for lawsuits against public
agencies or public officials to change
social or public policy.
Sec. 8. GOVERNOR 2,365,500 2,374,100
The amounts that may be spent for each
activity are as follows:
$20,000 the first year and $20,000 the
second year are for personal expenses
connected with the office of the
governor.
$78,800 the first year and $84,300 the
second year are for membership dues of
the national governors association.
Sec. 9. LIEUTENANT GOVERNOR 275,900 276,600
Sec. 10. SECRETARY OF STATE
Subdivision 1. Total
Appropriation 1988 1989 1,916,700 2,088,100
Approved Complement - 52.5 47.5
The appropriations in this section are
from the special revenue fund.
The amounts that may be spent from this
appropriation for each activity are
specified in the following subdivisions.
Subd. 2. Elections and Publications
$ 264,300 $ 540,900
Subd. 3. Uniform Commercial Code
$ 182,000 $ 168,500
Subd. 4. Business Services
$ 780,500 $ 768,400
Subd. 5. Administration
$ 354,500 $ 357,300
Subd. 6. Fiscal Operations
$ 141,600 $ 140,500
Subd. 7. Data Services
$ 193,800 $ 112,500
Sec. 11. STATE AUDITOR 547,500 547,100
Approved Complement - 124.0
General - 9.5
Revolving - 114.5
$77,300 the first year and $77,300 the
second year are for an account the
auditor may bill for costs associated
with conducting single audits of
federal funds. During the biennium,
this account may be used only when no
other billing mechanism is feasible.
During the biennium ending June 30,
1989, the commissioner of finance shall
not approve any rate increase for the
state auditor beyond those in effect on
January 1, 1987, except for adjustments
necessitated by salary increases,
indirect cost assessments, and other
verifiably escalating expenses
associated with performing their
reimbursable audits.
$218,100 the first year and $217,900
the second year must be subtracted from
the amount that would otherwise be
payable as local government aid under
Minnesota Statutes, chapter 477A, in
order to fund the government
information division, and the parts of
the constitutional office that are
related to the government information
function.
$80,000 the first year and $80,000 the
second year must be subtracted from the
total police and fire state aid
otherwise payable to police and fire
relief associations pursuant to
Minnesota Statutes, sections 69.011 to
69.051 and deposited into the state
auditor's revolving fund for the costs
and expenses incurred by the state
auditor in making review of the audits
and examinations of relief
associations. The amount of $80,000
the first year and $80,000 the second
year to be subtracted out of the police
state aid and the firefighters' state
aid shall be divided proportionally
according to the total estimated costs
of the audits or examinations of the
police and firefighters' relief
associations as determined by the state
auditor.
$22,500 the first year and $22,500 the
second year for the costs and expenses
of the central office staff attached to
the constitutional office function
shall be paid for from the audit
practice revolving fund.
Sec. 12. STATE TREASURER 513,900 512,600
Approved Complement - 12
Sec. 13. ATTORNEY GENERAL
Subdivision 1. Total
Appropriation 17,944,700 17,836,900
Approved Complement - 347.5
General - 313.8
Federal - 6.7
Special Revenue - 18
Environmental - 9
Summary by Fund
General $15,354,500 $15,246,700
Special Revenue $ 840,000 $ 840,000
Environmental $ 1,500,000 $ 1,500,000
The amounts that may be spent from this
appropriation for each activity are
specified in the following subdivisions.
Subd. 2. Public Administration
$1,366,600 $1,354,300
Subd. 3. Public Resources
$4,988,300 $5,000,600
Summary by Fund
General $ 3,488,300 $ 3,500,600
Environmental $ 1,500,000 $ 1,500,000
$500,000 the first year is appropriated
from the environmental response,
compensation, and compliance fund for
the regional groundwater contamination
litigation at the Twin Cities Army
Ammunition Plant (TCAAP). The
pollution control agency shall make
transfers from the unencumbered
balances of its environmental fund
appropriations to reimburse the
attorney general's litigation account
when obligations to the account have
been paid. $1,000,000 the first year
and $1,500,000 the second year are
available to reimburse the attorney
general litigation account. This
appropriation is available until the
state reaches a signed agreement with
the defendants and closes the case or
until the appropriation is spent. When
the case is closed, unliquidated
balances from the attorney general's
appropriation must be transferred back
to the pollution control agency for all
other activities authorized in
Minnesota Statutes, section 115B.20,
subdivision 2. The complement of the
attorney general is increased by nine
positions for the purpose of this
lawsuit. These are not permanent
complement positions of the agency;
when the lawsuit is over, the
complement is reduced.
Subd. 4. Public Assistance
$2,620,400 $2,621,300
Summary by Fund
1988 1989
General $ 1,780,400 $ 1,781,300
Special Revenue $ 840,000 840,000
Subd. 5. Public Protection
$4,697,200 $4,690,000
Subd. 6. Legal Policy and
Administration
$4,272,200 $4,170,700
$50,000 the first year and $50,000 the
second year are for a special account
for unanticipated legal expenses. If
the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 7. Base Adjustment
$ (250,200) $ (250,200)
The adjustment in the budgetary base
from the "same" level may be
reallocated among the department's
general fund appropriations as
determined by the department head.
Sec. 14. INVESTMENT BOARD 1,602,300 1,600,600
Approved Complement - 25
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
The state board of investment shall
conduct a study and report to the
legislature by January 15, 1988, on how
to improve the selection of the state's
external stock and bond managers in
order to reduce management costs and
improve the net return on the state's
invested funds.
Sec. 15. ADMINISTRATIVE HEARINGS 2,940,700 2,782,400
Approved Complement - 70.5
Revolving - 18.5
Workers' Compensation - 52
This appropriation is from the workers'
compensation special compensation fund
for considering workers' compensation
claims.
The approved complement of the office
shall be reduced by four workers'
compensation judges and two workers'
compensation support staff when the
commissioner of finance determines that
the office can reasonably hold a
hearing within six months of the date
when a claim petition is filed with the
department of labor and industry.
Sec. 16. ADMINISTRATION
Subdivision 1. Total
Appropriation 21,413,200 20,997,700
1988 1989
Approved Complement - 843.1 842.1
General - 196.6 195.6
Special Revenue - 43.6 43.6
Gift - 1 1
Revolving - 601.9 601.9
Summary by Fund
General $16,193,100 $15,844,100
Special Revenue $ 5,220,100 $ 5,153,600
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Operations Management
$3,665,400 $3,483,000
The commissioner shall report to the
legislature by January 1, 1988, on
whether bonding requirements applicable
to small businesses are an impediment
to those businesses in obtaining state
contracts. If the bonding requirements
are found to be impediments to
obtaining state contracts, the
commissioner shall also include in the
report proposals for altering the
bonding requirements to alleviate the
impediments.
$7,200 the first year is for transfer
to the central motor pool fund for the
commissioner of administration to
conduct a test of the use of permanent
synthetic motor oil in state vehicles.
Subd. 3. Information Management
$6,166,300 $6,060,200
Summary by Fund
General $ 2,399,400 $ 2,381,500
Special Revenue $ 3,766,900 $ 3,668,700
The appropriation from the special
revenue fund is for recurring costs of
911 emergency telephone service.
The commissioner shall study the
placement of the office of information
systems management within the executive
branch and make recommendations to the
legislature. The recommendations must
be submitted by January 15, 1988.
$201,100 the first year and $205,800
the second year must be subtracted from
the amount that would otherwise be
payable to local government aid under
Minnesota Statutes, chapter 477A, in
order to fund the local government
records program and the
intergovernmental information systems
activity.
The commissioner shall use the
authority under Minnesota Statutes,
section 16B.48, subdivision 2, clause
(5) to charge local units of government
assessments equal to the department's
costs for helping local governments
manage records and implement records
retention schedules.
In those instances where state agencies
have need for the same or similar
computer data, the commissioner shall
ensure that the most efficient and cost
effective method of producing and
storing data for or sharing data
between those agencies is used.
Subd. 4. Property Management
$6,483,300 $6,709,400
Summary by Fund
General $5,030,100 $5,224,500
Special Revenue $1,453,200 $1,484,900
Of the total appropriation for this
program $175,000 is made available in
fiscal year 1988 and $175,000 in fiscal
year 1989 to fund capitol area repairs
and replacements. Any unencumbered
balance at the end of fiscal year 1988
shall not cancel to the general fund
but shall be made available for use in
fiscal year 1989.
The commissioner shall study and
prepare a report for the legislature by
January 1, 1988, on the competing
policies and the costs of leasing space
in privately-owned buildings versus
constructing new state buildings to
house state departments and agencies.
$3,387,900 the first year and
$3,581,500 the second year are for
office space costs of the legislature
and veterans organizations for
ceremonial space, and for statutorily
free space.
The commissioner shall contract with a
private organization to do a needs
assessment and prepare a report for the
legislature by January 1, 1988, on the
feasibility of providing in the capitol
complex area a privately-run child day
care and latch-key center for children
of state employees and visitors to the
state capitol. If the report indicates
that such a center is feasible, the
commissioner shall submit to the
legislature by March 1, 1988, a list of
recommended sites within the capitol
complex area for locating the center.
Subd. 5. Administrative Management
$5,098,200 $4,745,100
$2,000 the first year and $2,000 the
second year are for the state
employees' band.
$715,600 the first year and $750,900
the second year are for allocated costs
of the revisor of statutes. If these
amounts are to be unallotted or
otherwise reduced for reasons relating
to budget shortfalls, the reduction may
not exceed the average of the reduction
for all state agencies.
$75,000 of the fiscal year 1988
appropriation is to fund a management
study of veterans affairs. Any
unencumbered balance at the end of
fiscal year 1988 shall not cancel to
the general fund but instead shall be
made available in fiscal year 1989 for
the study.
$229,300 the first year and $229,300
the second year is for block grants to
public television stations.
$404,100 the first year and $404,100
the second year is for matching grants
to public television stations.
$1,135,900 the first year and
$1,135,900 the second year is for
public television equipment needs.
Equipment grant allocations shall be
made after consideration of the
recommendations of the Minnesota Public
Television Association.
$211,100 the first year and $211,100
the second year is for operational
grants to public educational radio
stations, which must be allocated after
consideration of the recommendations of
the Association of Minnesota Public
Educational Radio Stations under
Minnesota Statutes, section 139.19.
$115,900 the first year and $115,900
the second year is for public
educational radio stations, which must
be allocated after consideration of the
recommendations of the Association of
Minnesota Public Educational Radio
Stations for equipment needs.
$15,000 in the first year is for
KAWE-TV to conduct an engineering study
for the placement of a remote
transmitter in a portion of
northwestern Minnesota. This
appropriation is available the day
after final enactment.
$21,400 the first year is to conduct a
survey to determine the number and
listening pattern of listeners to
stations that are members of the
Association of Minnesota Public
Educational Radio Stations. The
results of the survey must be submitted
to the senate finance committee and
house of representatives appropriations
committee.
If an appropriation for either year for
grants to public television or radio
stations is not sufficient, the
appropriation for the other year is
available for it.
$100,000 the first year is for
equipment grants to affiliate stations
of Minnesota Public Radio,
Incorporated. Equipment grant
allocations must be made after
consideration of the recommendations of
Minnesota Public Radio, Incorporated.
If the amounts allocated to public
broadcasting are to be reduced for
reasons relating to budget shortfalls,
the reduction shall not exceed the
average of the reduction for all state
agencies.
The commissioner, in consultation with
representatives of public broadcasting
stations, must prepare a report for the
legislature by August 1, 1988,
recommending specific criteria for
awarding operational and equipment
grants to public broadcasting stations.
$200,000 the first year is for a grant
to the World Theater Corporation of
Minnesota, to be paid only if the
following criteria are met: no state
money will be allocated unless matched
by payment of verified private
nontax-generated contributions made
after January 1, 1987, and the World
Theater Corporation must document to
the commissioner it is a nonprofit
corporation. The World Theater
Corporation of Minnesota may use this
grant money for the costs of renovation
of the World Theater in St. Paul.
Furthermore, the World Theater
Corporation must document that this
grant money was used on renovation
expenses and not operating expenses.
Sec. 17. CAPITOL AREA
ARCHITECTURAL AND PLANNING BOARD 172,000 167,000
1988 1989
Approved Complement - 3 3
Sec. 18. FINANCE
Subdivision 1. Total
Appropriation 8,009,500 7,585,900
Approved Complement - 124
General - 124 124
Rural Finance - 0 2
The amounts that may be spent from this
appropriation for each activity are
specified below.
$141,000 the first year to cover costs
associated with modifying the state's
personnel/payroll systems. Any
unencumbered balance remaining in the
first year does not cancel but is
available for the second year of the
biennium.
The department of finance shall reflect
the reimbursement of statewide indirect
costs and human services federal
reimbursement costs as expenditure
reductions in the general fund budgeted
fund balance as they would be reported
in conformity with generally accepted
accounting principles.
Amounts paid to the department of
finance pursuant to Minnesota Statutes,
section 13.03, subdivision 3, for the
costs of searching for and retrieving
government data and for making,
certifying and compiling the copies of
the data, are appropriated to the
department of finance to be added to
the appropriations from which the costs
were paid.
The governor's budget recommendations
submitted to the legislature in
January, 1989 must include as general
fund revenue and appropriations for
fiscal years 1990 and 1991 all revenues
and expenditures previously accounted
for in the statewide accounting system
in other operating funds. This
requirement does not apply (1) to
revenues and expenditures which, under
the constitution, must be accounted for
in funds other than the general fund;
or (2) to revenues and expenditures
which are related to specific user fees
that provide a primary benefit to
individual fee payers, as opposed to
the general community.
Notwithstanding the provision of
Minnesota Statutes, section 16A.11, the
commissioner of finance shall consult
with and seek the recommendations of
the chair of the House Appropriations
committee and the chair of the Senate
Finance committee as well as their
respective division and subcommittee
chairs prior to adopting a format for
the 1989-1991 biennial budget document.
The commissioner of finance shall not
adopt a format for the 1989-1991
biennial budget until the commissioner
has received the recommendations of the
chair of the house appropriations
committee and the chair of the senate
finance committee. Appropriations
provided to the department of finance
to upgrade the current biennial budget
system shall only be expended upon
receipt of the recommendations of the
chair of the house appropriations
committee and the chair of the senate
finance committee. These
recommendations are advisory only.
Subd. 2. Fiscal Management and
Administration
$ 1,125,900 $ 1,137,000
Subd. 3. Accounting Operations
$ 4,827,500 $ 4,721,200
Subd. 4. Budget Analysis and Operations
$ 1,845,600 $ 1,572,800
Subd. 5. Cash and Debt Management
$ 210,500 $ 154,900
Sec. 19. EMPLOYEE RELATIONS
Subdivision 1. Total
Appropriation 5,174,200 5,471,000
1988 1989
Approved Complement - 121 122
General - 106 107
Special Revenue - 6 6
Revolving - 9 9
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Administration
$1,872,100 $1,997,000
Subd. 3. Equal Opportunity
$ 205,100 $ 204,900
Subd. 4. Labor Relations
$ 464,800 $ 464,100
Subd. 5. Personnel
$2,632,200 $2,805,000
$250,000 the first year and $250,000
the second year is appropriated to
begin to establish the statewide fringe
benefit plan. Benefit coverage for
employees of school districts,
educational cooperative service units,
intermediate districts, cooperative
centers for vocational education,
regional management information centers
and education units organized under the
joint powers act begins September 1,
1989, and benefit coverage for all
other employees begins January 1,
1991. This appropriation is available
in either year. This appropriation is
to be repaid to the general fund by the
fringe benefit fund over a period of
five years. The repayment period
commences upon an actuarial
determination that the fund can support
the repayment.
Sec. 20. REVENUE
Subdivision 1. Total
Appropriation 57,333,100 54,930,800
1988 1989
Approved Complement - 1,142.2 1,178.2
General - 1,006.2 1,042.2
Highway User - 39 39
Special Revenue - 97 97
Summary by Fund
General $51,222,500 $48,847,200
Special Revenue $ 4,617,800 $ 4,588,200
Highway User $ 1,492,800 $ 1,495,400
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Revenue Administration
$13,768,000 $10,222,000
$7,391,000 the first year and
$3,594,700 the second year are for
development and operation of new
integrated computer systems. After the
commissioner of revenue begins to spend
the appropriation, the commissioner
shall report every three months
describing the progress made and the
money spent in the development and
operation of new integrated computer
systems. The report must be submitted
to the committee on finance of the
senate and the committee on
appropriations of the house of
representatives. Any unencumbered
balance on this appropriation remaining
in the first year does not cancel and
is available for the second year.
$39,800 the first year and $39,700 the
second year are from the special
revenue fund.
Subd. 3. Tax Policy
$2,848,400 $2,841,100
$131,500 for the first year and
$131,300 for the second year is from
the special revenue fund.
Subd. 4. Taxpayer Service
$7,580,300 $7,565,800
Summary by Fund
General $ 5,794,400 $ 5,784,900
Highway User $ 1,492,800 $ 1,495,400
Special Revenue $ 293,100 $ 285,500
$30,000 the first year and $30,000 the
second year are for state-paid tuition
for required assessor training.
Subd. 5. Operations
$11,106,100 $11,125,400
Subd. 6. Tax Compliance
$22,030,300 $23,176,500
Notwithstanding any contrary
provisions, $1,900,000 of the amount
appropriated to the commissioner of
revenue must be used by the department
of revenue for compliance initiatives.
Of this amount, $570,000 the first year
is for the automated collection
system. If this system is not fully
operational by August 1, 1988, the
general fund appropriation for the
department shall be reduced by $570,000.
Notwithstanding any law to the
contrary, and to accomplish this
purpose, the agency may transfer up to
$1,900,000 of unencumbered balances
among programs after getting the
approval of the commissioner of
finance. The transfer must follow the
general procedures for transfers
contained in this act.
Summary by Fund
General $17,876,900 $19,044,800
Special Revenue $ 4,153,400 $ 4,131,700
The first $4,617,800 of corporate
income tax receipts in the first year
and the first $4,588,200 of corporate
income tax receipts in the second year
must be credited to the special revenue
fund.
Sec. 21. TAX COURT 402,400 401,900
Approved Complement - 6
Sec. 22. NATURAL RESOURCES
Subdivision 1. Total
Appropriation 108,850,200 108,784,600
1988 1989
Approved Complement - 1,660 1,660
General - 962 962
Special Revenue - 53 53
Game and Fish - 540 540
Federal - 43 43
Water Recreation - 62 62
Summary by Fund
General $48,212,500 $47,436,400
Con. Con. $ 250,000 $ 250,000
Forest Management $ 5,697,200 $ 5,697,300
Nongame Wildlife $ 1,224,800 $ 1,228,600
Snowmobile $ 3,800,800 $ 3,926,200
State Park M. & O. $ 3,944,400 $ 3,944,400
All Terrain $ 650,000 $ 650,000
Water Recreation $ 7,265,200 $ 7,348,700
Wildlife Acquis. $ 1,086,500 $ 1,086,500
Game and Fish $36,177,700 $36,872,500
Water Pollution Control $ 200,000 $ 125,000
Wild Rice $ 30,000 $ 30,000
Trust Suspense $ 311,100 $ 189,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Mineral Resources Management
$3,851,000 $3,704,600
The commissioner is authorized one
complement position in the unclassified
service from the mineral lease account.
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Metallic Minerals
$ 2,959,400 $ 2,964,700
$200,000 the first year and $200,000
the second year are for copper-nickel
test drilling. One position for this
purpose is in the unclassified civil
service and its continued employment is
contingent upon the availability of
money from the appropriation. When the
appropriation has been spent, the
position shall be canceled and the
approved complement of the agency
reduced accordingly. Part-time
employment of persons is authorized.
$160,000 the first year and $160,000
the second year are for minerals
research. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year.
$300,000 the first year and $300,000
the second year are for iron ore
cooperative research, of which $200,000
the first year and $200,000 the second
year are available only as matched by
$1 of nonstate money for each $1 of
state money. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year.
(b) Industrial Minerals
$ 514,100 $ 363,500
$150,000 the first year is for peat
development. The commissioner may
match this state money with money from
nonstate sources. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.
$100,000 is available until June 30,
1989 for the purpose of horticultural
peat marketing and promotion in
cooperation with the department of
agriculture and the natural resources
research institute.
(c) Mineland Reclamation
$ 377,500 $ 376,400
Subd. 3. Water Resources Management
$4,413,900 $4,343,200
Summary by Fund
General $4,140,000 $4,144,400
Water Pollution Control $ 200,000 $ 125,000
Water Recreation $ 73,900 $ 73,800
$85,000 the first year and $85,000 the
second year from the flood damage
reduction program is for a grant to the
counties of Cook, Lake, and the town of
Duluth for the development of a
comprehensive shoreland management plan
along the shoreline of Lake Superior.
This grant is not subject to the
$75,000 limit in Minnesota Statutes,
section 104.11. The study must be sent
by the commissioner of natural
resources to the chairs of the house
appropriations and senate finance
committees by December 1, 1989.
$125,000 each year is appropriated from
the water pollution control fund for
groundwater exploration and data
automation.
$75,000 is appropriated from the water
pollution control fund for a grant to
the city of Waseca for the purpose of
rehabilitating Clear Lake in and about
the city. This appropriation is
available until expended.
Subd. 4. Forest Management
$20,616,500 $20,780,500
Summary by Fund
General $14,839,300 $15,003,200
Con. Con. $ 250,000 $ 250,000
Forest Management $ 5,527,200 $ 5,527,300
The divisions of forestry and fish and
wildlife must coordinate the harvesting
of trees in order to ensure optimum
wildlife habitat benefits and water
quality of adjacent streams or lakes.
$750,000 the first year and $750,000
the second year are for emergency fire
fighting and are not subject to
transfer. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it. The unencumbered
balance of any other appropriation from
the general fund to the commissioner of
natural resources remaining in the
first year must not be canceled but
must be transferred and added to this
appropriation for the second year. No
more than $400,000 the first year and
$410,000 the second year are available
for presuppression costs.
Up to $120,000 per year from the
general fund under Minnesota Statutes,
section 89.04 may be used for grants to
the soil and water conservation board
for cost-sharing with landowners in the
state forest improvement program.
$500,000 the first year and $500,000
the second year are for grants to
counties or groups of counties for
county forestry assistance programs.
The commissioners of natural resources,
revenue, and transportation shall
jointly study and determine the amount
of unrefunded gas tax attributable to
forest logging trucks that use forest
roads under the authority of the
commissioner. Their findings and
determinations must be reported to the
chairs of the house appropriations and
senate finance committees by December
1, 1988, along with proposed changes to
Minnesota Statutes, section 296.421,
that reflect their determinations.
Subd. 5. Parks and Recreation
Management
$14,062,000 $14,122,500
Summary by Fund
General $9,450,900 $9,511,400
State Park
Maintenance and
Operation $3,944,400 $3,944,400
Water Recreation $ 666,700 $ 666,700
If a bill is signed into law in 1987
that allows a second state park motor
vehicle permit at a reduced price, the
commissioner of natural resources must
keep a record of resident and
nonresident second permits that are
sold.
$666,700 is appropriated each year of
the biennium from the water recreation
account for state park development
projects. Should the appropriation in
either year be insufficient, the
appropriation for the other year shall
be available.
The department of natural resources may
not subcontract the operation of the
Douglas Lodge facilities at Itasca
State Park so long as revenues are at
least equal to the cost of operation.
A management plan must be prepared by
the commissioner that outlines specific
steps and timelines to achieve
self-sufficiency of the Douglas Lodge
facilities. The management plan must
incorporate recommendations concerning
the best utilization of management,
labor and other resources to achieve
self-sufficiency. The commissioner
must send the management plan to the
Legislature by March 1, 1988.
$20,000 the first year and $20,000 the
second year are for payments in lieu of
taxes on lands in Voyageurs National
Park and St. Croix Wild River State
Park. If the appropriation for either
year is insufficient, the appropriation
for the other year is available for it.
Subd. 6. Trails and Waterways
$7,807,300 $8,218,700
Summary by Fund
General $ 751,500 $ 753,300
Snowmobile $ 3,258,700 $ 3,379,400
All Terrain $ 475,000 $ 475,000
Water Recreation $ 3,112,100 $ 3,196,000
Game and Fish $ 210,000 $ 415,000
$1,698,000 the first year and
$1,748,000 the second year are for
snowmobile grants-in-aid.
An accounting report for the 1986 and
1987 cross country ski seasons is to be
submitted to the chair of the senate
finance committee and the house
appropriations committee.
Subd. 7. Fish and Wildlife
Management
$25,734,700 $25,985,500
Summary by Fund
General $ 788,600 $ 795,900
Nongame Wildlife $ 1,179,800 $ 1,183,600
Water Recreation $ 150,000 $ 150,000
Wildlife Acquis. $ 961,500 $ 836,500
Game and Fish $22,624,800 $22,989,500
Wild Rice Management $ 30,000 $ 30,000
$685,700 in the first year and $685,700
the second year are appropriated from
the game and fish fund for payments to
counties in lieu of taxes on acquired
wildlife lands and is not subject to
transfer.
$1,179,800 the first year and
$1,183,600 the second year are from the
nongame wildlife management account in
the special revenue fund for the
purpose of nongame wildlife
management. Any unencumbered balance
remaining in the first year does not
cancel but is available the second year.
$54,400 in the first year and $54,200
the second year are for acid rain
research.
$40,000 the first year and $40,000 the
second year is from the general fund
for one complement position to serve as
a native prairie biologist.
$127,900 the first year and $127,900
the second year are for emergency deer
feeding. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it.
$30,000 is appropriated each year from
the wild rice management account
project to improve natural wild rice
production on public waters pursuant to
Minnesota Statutes, section 97A.065,
subdivision 4.
$40,000 for the first year and $40,000
for the second year is from the general
fund to be transferred to the
commissioner of agriculture to
compensate landowners for agricultural
crops damaged by elk.
$10,000 each year is appropriated from
the general fund to be used as an
additional payment to the Leech Lake
Indian Reservation for enforcement
activities. The reservation may also
use $40,000 of the increased annual
payment that it receives as a result of
the fee increases in this act for
enforcement. The department of natural
resources shall also make surplus
equipment available to the reservation.
Effective July 1, l987, aquatic plant
control permit fees established under
Minnesota Statutes, section 84.092,
subdivision 1, are doubled. Notice of
the revised fees must be published in
the State Register as soon as practical.
Subd. 8. Enforcement
$10,983,000 $11,107,200
Summary by Fund
General $1,206,500 $1,227,500
Snowmobile $ 240,800 $ 240,800
Water Recreation $1,888,900 $1,887,800
Game and Fish $7,505,900 $7,610,200
All Terrain $ 140,900 $ 140,900
The appropriation from the game and
fish fund includes $20,000 the first
year and $20,000 the second year for
the purpose of controlling smelt
fishing activities on the north shore,
including development of parking
facilities, traffic control,
coordination of regulatory agencies,
control of trespass and vandalism,
control of littering and sanitation,
and public information and education.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$1,124,300 the first year and
$1,124,300 the second year are from the
water recreation account for grants to
counties for boat and water safety.
The commissioner must seek maximum
participation from federal agencies in
removing nuisance beaver. A
competitive bid process must be used to
select beaver trappers.
Conservation officers must maintain
their residence, on an all weather
road, within 15 miles of their assigned
station location. The director of the
division of enforcement may permit
valid exceptions as is deemed
appropriate.
$70,000 the first year and $35,000 the
second year are from the game and fish
fund to create one additional
conservation officer position. The
commissioner shall create three
additional conservation officer
positions in the water recreation
account.
Subd. 9. Field Operations Support
$8,709,100 $7,712,300
Summary by Fund
General $4,735,700 $3,848,200
Game and Fish $3,393,100 $3,406,200
Water Recreation $ 243,200 $ 242,900
Trust Suspense $ 311,100 $ 189,000
Snowmobile $ 26,000 $ 26,000
For the biennium $350,000 is for the
purpose of surveys of lots offered for
sale under Minnesota Statutes, section
92.67, subdivision 3.
The two complement positions for the
department of natural resources
lakeshore lease sale program shall be
funded only until June 30, 1991.
If the appropriation made under
Minnesota Statutes, section 92.46,
subdivision 1, paragraph (d), for
fiscal year 1988 is not expended, it is
available for use in fiscal year 1989.
Subd. 10. Regional Operations Support
$3,487,700 $3,474,200
Summary by Fund
General Fund $2,919,400 $2,903,500
Game and Fish $ 510,000 $ 512,400
Water Recreation $ 58,300 $ 58,300
Subd. 11. Special Services and
Programs
$4,294,600 $4,430,500
Summary by Fund
General $ 3,184,300 $ 3,194,400
Forest Management $ 170,000 $ 170,000
Nongame Wildlife $ 45,000 $ 45,000
Snowmobile $ 132,600 $ 132,600
Water Recreation $ 560,500 $ 561,000
Wildlife Acquis. $ 125,000 $ 250,000
Game and Fish $ 77,200 $ 77,500
The commissioner of natural resources
shall develop, in consultation with the
commissioners of jobs and training and
education, a coordinated plan for
enhanced youth education, employment,
and service opportunities. This plan
shall consider the current programming
of the Minnesota Conservation Corps,
the Minnesota Youth Program, the Summer
Youth Employment and Training Program,
Community and Secondary Vocational
Education, and other appropriate
programs in designing a coordinated
model which would enhance opportunities
for youth. The plan may also recommend
coordinated funding. The commissioner
shall present the plan to the house
appropriation and senate finance
committees by January 1, 1988.
$201,500 the first year and $326,500
the second year of this appropriation
are from the following funds for an
expansion of the youth programs
activity:
Summary by Fund
1988 1989
Wildlife Acquisition $125,000
Snowmobile $ 66,300 $ 66,300
Water Recreation $ 27,700 $ 27,700
Forest Management $ 85,000 $ 85,000
Nongame Wildlife $ 22,500 $ 22,500
Total $201,500 $326,500
This appropriation shall not be made
available until a work plan for use of
the funds is prepared and approved by
the commissioner of natural resources.
$84,800 the first year and $84,800 the
second year are for a grant to the
Mississippi headwaters board for up to
50 percent of the cost of implementing
the comprehensive plan for the upper
Mississippi within areas under its
jurisdiction.
$21,400 the first year and $21,300 the
second year are for department
operating and administrative expenses
associated with the Mississippi
headwaters board grant and the
implementation of the plan in areas
along the river that are not included
within the jurisdiction of the
Mississippi headwaters board.
Subd. 12. Administrative Management
Services
$5,521,000 $5,536,100
Summary by Fund
General $ 2,975,900 $ 2,980,700
Snowmobile $ 142,700 $ 147,400
Water Recreation $ 511,600 $ 512,200
Game and Fish $ 1,856,700 $ 1,861,700
All Terrain Vehicles $ 34,100 $ 34,100
The commissioner of employee relations
shall transfer persons occupying
unclassified seasonal, part-time, or
full-time positions in the department
of natural resources that are converted
to full-time classified positions by
the state departments appropriation act
of 1987 to the same classification and
pay step in the classified civil
service without competitive examination
as of June 30, 1987.
Subd. 13. Base Adjustment
$ (630,600) $ (630,700)
The adjustment in the budgetary base
from the "same" level may be
reallocated among the department's
general fund appropriations as
determined by the department head.
Sec. 23. ZOOLOGICAL BOARD 4,548,600 4,754,000
Approved Complement - 162
This appropriation is for transfer by
the commissioner of finance to the zoo
fund.
The Minnesota Zoological Garden is
eligible for a salary supplement in the
same manner as other state agencies.
The commissioner of finance will
determine the amount of salary
supplement based on appropriated funds,
and will transfer the amount to the Zoo
Fund.
$500,000 the second year is for a grant
to the Minnesota zoo as a one-for-one
matching grant for funds donated
through fund raising activities.
Sec. 24. POLLUTION CONTROL AGENCY
Subdivision 1. Total
Appropriation 19,725,700 20,288,400
1988 1989
Approved Complement - 493 494
General - 142.5 142.5
Special Revenue - 46 46
Public Health - 5 5
Federal - 214.5 214.5
Environmental - 50 50
Metro Landfill
Contingency - 2 2
Motor Vehicle Transfer - 6 7
Water Pollution
Control - 15 15
Building - 12 12
Summary by Fund
General $ 5,819,900 $ 6,009,400
Special Revenue $ 2,688,900 $ 2,651,900
Public Health $ 218,000 $218,000
Environmental $ 2,578,900 $ 2,571,100
Metro Landfill
Abatement $ 1,134,000 $ 1,134,000
Metro Landfill
Contingency $ 670,000 $ 170,000
Motor Vehicle Transfer $ 1,479,200 $ 1,014,200
Water Pollution Control $ 5,136,800 $ 6,519,800
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Water Pollution Control
$2,699,200 $2,693,600
Summary by Fund
General $ 1,399,800 $ 1,394,200
Special Revenue $ 806,100 $ 806,100
Water Pollution
Control $ 493,300 $ 493,300
Subd. 3. Air Pollution Control
$1,710,000 $1,936,700
Summary by Fund
General $ 1,273,100 $ 1,500,200
Special Revenue $ 360,800 $ 360,400
Public Health $ 76,100 $ 76,100
$304,300 the first year and $303,900
the second year are to study acid rain.
The metropolitan airports commission
established by Minnesota Statutes,
chapter 473 and the pollution control
agency shall continue to consider the
feasibility of a system of differential
landing or user fees for aircraft using
the Minneapolis-St. Paul International
Airport with a rate structure based on
the level of noise produced by
aircraft, so that the fee imposed on an
aircraft is in direct relation to the
noise produced by the aircraft and
shall report to the legislature the
results of the study.
Subd. 4. Solid Waste and Hazardous
Waste Pollution Control
$13,074,500 $13,350,700
Summary by Fund
General $ 1,828,200 $ 1,723,000
Special Revenue $ 988,300 $ 951,700
Public Health $ 131,900 $ 131,900
Environmental $ 2,233,400 $ 2,233,400
Metro Landfill
Abatement $ 1,134,000 $ 1,134,000
Metro Landfill
Contingency $ 662,000 $ 162,000
Motor Vehicle
Transfer $ 1,473,200 $ 1,008,200
Water Pollution
Control $ 4,623,500 $ 6,006,500
(a) All money in the environmental
response, compensation and compliance
fund not otherwise appropriated, is
appropriated to the pollution control
agency for the purposes described in
the environmental response and
liability act, Minnesota Statutes,
section 115B.20, subdivision 2, clauses
(a), (b), (c), and (d). This
appropriation is available until June
30, 1989.
(b) All money in the metropolitan
landfill abatement fund not otherwise
appropriated is appropriated to the
pollution control agency for payment to
the metropolitan council and may be
used by the council for the purposes of
Minnesota Statutes, section 473.844.
The council may not spend the money
until the legislative commission on
waste management has made its
recommendations on the budget and work
program submitted by the council.
(c) Any unencumbered balance from the
metropolitan landfill contingency fund
remaining in fiscal year 1988 does not
cancel but is available for fiscal year
1989.
(d) A solid and hazardous waste account
is created as a separate fund in the
state treasury. The commissioner of
finance shall transfer $919,000 from
the motor vehicle transfer fund and
$680,000 from the water pollution
control fund over the biennium to the
solid and hazardous waste fund.
(e) $100,000 is appropriated for the
household hazardous waste program
created in the law styled as H.F. No.
794 of the 1987 legislative session.
Any unencumbered balance remaining in
the first year does not cancel and is
available for the second year of the
biennium.
(f) $1,973,200 the first year and
$2,008,200 the second year are from the
motor vehicle transfer fund for use in
cleanup of waste tire dumps, as
prioritized by the agency. Any
unencumbered balance remaining in the
first year does not cancel but is
available for the second year.
$4,500,000 the first year and
$5,900,000 the second year are
appropriated from the water pollution
control fund for transfer to the
environmental response, compensation,
and compliance fund.
Subd. 5. General Support
$2,242,000 $2,307,400
Summary by Fund
General $ 1,318,800 $ 1,392,000
Environmental $ 345,500 $ 337,700
Metro Landfill
Contingency $ 8,000 $ 8,000
Motor Vehicle
Transfer $ 6,000 $ 6,000
Water Pollution
Control $ 20,000 $ 20,000
Special Revenue $ 533,700 $ 533,700
Public Health $ 10,000 $ 10,000
The program permit and assessment fees
of the pollution control agency shall
equal as nearly as possible the amount
appropriated from the special revenue
fund for the biennium and may not
include any amounts to cover the cost
items in Minnesota Statutes, section
16A.128, subdivision 1a, except to the
extent that the cost items are included
in the appropriations.
Subd. 6. Balances Canceled
$6,235,800 the first year and
$6,117,200 the second year of the
balance in the water pollution control
fund must be canceled and transferred
to the general fund on July 1, 1987,
and July 1, 1988, respectively.
$2,425,200 the first year and
$2,925,200 the second year of the
balance in the motor vehicle transfer
fund must be canceled and transferred
to the general fund on July 1, l987,
and July 1, 1988, respectively.
Sec. 25. WASTE MANAGEMENT BOARD 2,162,900 2,162,900
Summary by Fund
General $2,112,900 $2,112,000
Water Pollution
Control $ 50,000 $ 50,000
1988 1989
Approved Complement - 43 43
General - 32 32
Building - 11 11
The nonregulatory waste management
programs of the pollution control
agency are transferred to the waste
management board under Minnesota
Statutes, section 15.039.
If the appropriation for grants for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 26. ENERGY AND ECONOMIC
DEVELOPMENT
Subdivision 1. Total
Appropriation 22,178,700 22,134,600
Approved Complement - 177.7
General - 159.7
Economic Development - 4
Federal - 14
Summary by Fund
General $17,836,700 $17,763,600
Economic Development 4,342,000 $ 4,371,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Minnesota Trade Office
$1,830,300 $1,826,400
Up to $10,000 the first year and up to
$10,000 the second year of money
appropriated to the commissioner of
agriculture by other law for the
Minnesota grown promotion campaign may
be used for promotion of cheeses made
from goat's and sheep milk and
specialty yogurts.
Subd. 3. Economic Development
$ 3,057,800 $ 3,053,400
$250,000 the first year and $250,000
the second year are for community
development corporations. This
appropriation is available for
expenditure only to the extent that it
is matched by a community development
corporation with $2 of nonstate money
for each $3 of state money.
Of this appropriation, up to $120,000
each year is for the Minnesota motion
picture board. This appropriation is
available only upon receipt of a
dollar-for-dollar match by the board
from nonstate sources.
All money in the business license
revolving fund on June 30, 1987, shall
be canceled to the special revenue fund.
Subd. 4. Tourism
$ 5,851,700 $ 5,852,800
$75,000 of this appropriation is to the
office of tourism for promoting the
cross country ski trails program and
providing the public with information
about the importance of the program to
tourism in Minnesota and the importance
of maintenance and development of cross
country ski trails.
During the biennium, the office of
tourism may market tourism related
publications and media promotional
materials to businesses and
organizations. The proceeds from the
marketing are to be placed in a fund to
be used for the preparation and
distribution of the office's
publications and media promotional
materials. This fund shall not cancel
to the general fund at the end of the
biennium. The director shall report to
the legislature by January 15, 1989 on
this fund.
Of the general fund appropriation, up
to $15,000 must be made available to
Travel America, Inc., a nonprofit
corporation established for promoting
and expanding education and tourism in
Pine county. The appropriation is to
be made available on a dollar-to-dollar
match for purposes of studying the
feasibility of establishing an
environmental learning center on county
lands near the Kettle river. Travel
America, Inc., may enter into a
contract to conduct the study with a
private party consultant and the study
must involve information from local and
statewide environmental groups and
local school district representatives
regarding the impact of establishing an
environmental learning center. The
site may include land on both sides of
the Kettle river about one mile south
of Sandstone and the old United States
government road. Travel America, Inc.
must report to the department of
natural resources and to the
environment and natural resources
committees of both the house and the
senate on the findings of the study no
later than June 30, 1989. The
appropriation is available until it is
expended.
In order to develop maximum private
sector involvement in tourism marketing
activities, $1,750,000 the first year
and $1,750,000 the second year shall be
placed in a separate account for
tourism marketing activities by the
office of tourism. Expenditure of the
money in the account is contingent upon
receipt of an equal match with nonstate
contributions that have been verified
and documented to the commissioner of
finance. Up to one-third of the
required nonstate match may be given in
in-kind contributions.
$50,000 the first year and $50,000 the
second year are to make a grant to a
private nonprofit organization to
develop an effort coordinated with
other private nonprofit promotional
groups to identify and create tourist
attractions in northern Minnesota.
This appropriation is available only as
matched by $1 of nonstate money for
each $1 of state money. The
organization shall report to the
legislature by January 15, 1988, and
January 15, 1989, on the expenditure of
the grant.
Subd. 5. Administration
$ 901,800 $ 839,500
The commissioner shall refund to the
city of Hastings any remaining
application deposit received during
calendar year 1984 from the city of
Hastings in connection with the
Hastings hydroelectric project pursuant
to Minnesota Statutes, section 474.19
and retained by the department.
$60,000 is appropriated from the
general fund to the commissioner to
refund the industrial development bond
allocation application deposit to the
city of Hastings.
Subd. 6. Community Development
$ 8,642,800 $ 8,640,900
Summary by fund
General Fund $ 5,142,800 $ 5,140,900
Economic Development $ 3,500,000 $ 3,500,000
The commissioner, in consultation with
the chair of the LCMR, or the chair's
designee, shall prepare a report for
the chairs of the environment and
appropriations committees in the house
and the chairs of the environment and
finance committees in the senate by
January 1, 1989 examining the
feasibility of designating county parks
in the seven county metropolitan area
as state parks. The report shall
include analysis of the operation and
maintenance costs and the extent of the
public's use of the parks, and a
comparison of the efficiency and cost
effectiveness of county management
versus state management of the parks.
$2,164,700 the first year and
$2,164,700 the second year are for
economic recovery grants.
$2,000,000 the first year and
$2,000,000 the second year are for
payment of a grant to the metropolitan
council for metropolitan area regional
parks maintenance and operation money.
The approved complement for community
development includes five positions in
the unclassified service to administer
outdoor recreation grants. At the
request of the commissioner of energy
and economic development, the
commissioner of employee relations
shall transfer the incumbents of these
positions on June 30, 1987, to
probationary status in the same
classification and pay step in the
classified civil service without
competitive examination.
Subd. 7. Science and Technology
$ 892,000 $ 921,000
Summary by fund
General $ 100,000 $ 100,000
Economic Development $ 792,000 $ 821,000
$60,000 the first year and $60,000 the
second year is appropriated from the
economic development fund for a grant
to the Minnesota High Technology
Corridor Corporation.
$75,000 the first year and $75,000 the
second year is appropriated from the
economic development fund for a grant
to the Minnesota Inventors' Congress.
The purposes of this grant include
establishment of a focal point for
development of an invention support
system including an advisory council
comprised of representatives from the
public and private sectors;
coordination of an invention support
system, primarily in the form of
semi-autonomous regional centers, while
protecting, enriching, and promoting
existing activities such as the
Minnesota Inventors' Congress, the
Minnesota Inventors' Hall of Fame, the
Inventions and Technology Transfer
Corporation, the Inventors' Club, and
the Young Inventors' Fair; promotion of
invention research, with resultant
knowledge to be disseminated to
Minnesota educational systems; and
development of a fiscal design for the
statewide invention support system.
The Inventors' Congress shall report to
the commissioner of energy and economic
development by June 30 of each year on
its activities in carrying out the
purposes of this grant.
$137,000 the first year and $166,000
the second year is appropriated from
the economic development fund for
payment of dues to the Midwest
Technology Development Institute.
$120,000 the first year and $120,000
the second year is appropriated from
the economic development fund for a
grant to Minnesota Project Innovation.
The Minnesota project innovation shall
report quarterly to the house committee
on future and technology and to the
senate finance committee.
Subd. 8. Financial Management
$ 50,000 $ 50,000
This appropriation is from the economic
development fund.
Notwithstanding Minnesota Statutes,
section 116J.873, the city of Babbit
may request, and the commissioner may
approve, an economic recovery grant in
excess of $500,000 for the purpose of
completing a waste tire recycling plant.
$3,500,000 the first year and
$3,500,000 the second year is
appropriated from the economic
development fund for economic recovery
grants under Minnesota Statutes,
section 116J.873.
Subd. 9. Policy Analysis
$ 852,300 $ 850,600
$150,000 the first year and $150,000
the second year is available to the
commissioner to contract for consultant
services for the development of a trade
model.
Subd. 10. Productivity and Quality
$ 100,000 $ 100,000
This appropriation is for the Minnesota
council on productivity and quality.
$50,000 of the appropriation is
available immediately after the
appointment of the council. The
commissioner shall place the remainder
in a separate account and release money
from that account to the council only
as an equal match for nonstate gifts
and grants verified by the
commissioner. Up to three-fifths of
the required nonstate match may be the
value, as determined by the council, of
consulting services provided to
businesses or labor organizations
through the council.
Sec. 27. WORLD TRADE CENTER
BOARD
The unexpended balance of the
appropriation in Laws 1985, First
Special Session chapter 13, section 29,
for the world trade center board is
available until June 30, 1989.
Sec. 28. HOUSING FINANCE AGENCY
Subdivision 1. Total
Appropriation $9,526,700 $9,526,700
Approved Complement - 129
Spending limit on cost of general
administration of agency programs:
1988 1989
$ 6,235,000 $ 6,547,000
This appropriation is for transfer to
the housing development fund for the
programs specified.
$150,000 the first year and $150,000
the second year are for home sharing
programs under Minnesota Statutes,
section 462A.05, subdivision 24.
$990,000 the first year and $990,000
the second year are for home ownership
assistance under Minnesota Statutes,
section 462A.21, subdivision 8.
$2,225,000 the first year and
$2,225,000 the second year are for home
ownership, home improvement, and
multifamily bond leveraging interest
rate writedowns under Minnesota
Statutes, sections 462A.21,
subdivisions 4b and 8a.
$1,885,000 the first year and
$1,885,000 the second year are for
tribal Indian housing programs under
Minnesota Statutes, section 462A.07,
subdivision 14, of which $125,000 the
first year and $125,000 the second year
are for a demonstration program to make
off-reservation loans in combination
with bond proceeds from the agency.
$235,000 the first year and $235,000
the second year are for urban Indian
housing programs under Minnesota
Statutes, section 462A.07, subdivision
15, to be distributed by the agency
without regard to any allocation
formula.
$3,716,700 the first year and
$3,716,700 the second year are for
housing rehabilitation and
accessibility loans under Minnesota
Statutes, sections 462A.05,
subdivisions 14a and 15a.
$500,000 is appropriated to the housing
development fund created in section
462A.20 for grants for residential
housing for low income persons living
alone. The agency may pay the costs
and expenses for the development and
operation of this program out of this
appropriation.
$75,000 the first year and $75,000 the
second year are for temporary housing
programs under Minnesota Statutes,
section 462A.05, subdivision 20.
Sec. 29. STATE PLANNING AGENCY 5,283,500 5,221,500
1988 1989
Approved Complement - 112 112
General - 78.5 78.5
Special Revenue - 4.5 4.5
Motor Vehicle Transfer - 3 3
Revolving - 22 22
Federal - 4 4
Summary by Fund
General $ 4,729,800 $ 4,568,100
Special Revenue $ 357,500 $ 457,200
Motor Vehicle
Transfer $ 196,200 $ 196,200
Two positions paid from the motor
vehicle transfer fund are in the
unclassified service.
$377,000 the first year and $377,000
the second year are for regional
planning grants to regional development
commissions organized under Minnesota
Statutes, sections 462.381 to 462.396.
Until June 30, 1989, for state and
federal grants distributed by state
agencies to regions of the state not
having a regional development
commission, the state agency
administering the grant program may
assess the program for administrative
costs incurred by the agency that
normally are incurred by the commission.
$22,000 the first year and $22,000 the
second year are for the Council of
Great Lakes Governors.
The state planning director shall
coordinate state policy related to
children. The director shall
periodically issue reports related to
the status and needs of Minnesota
children.
Sec. 30. MINNESOTA RESOURCES
FUND
Subdivision 1. Total Appropriation 8,114,000 8,127,000
Approved complement - 37
The appropriations in this section are
from the Minnesota resources fund.
The commissioner of finance shall
transfer $162,300 the first year and
$162,500 the second year of this
appropriation to the general fund.
The commissioner of finance, upon
recommendation of the legislative
commission on Minnesota resources,
shall allocate this reduction among the
programs and activities in this section.
As the cash flow of the Minnesota
resources fund permits, the
commissioner of finance shall transfer
from the unencumbered balance in the
Minnesota resources fund and credit it
to the general fund.
The amounts that may be spent from this
appropriation for each activity are
more specifically described in the
following subdivisions.
For all appropriations in this section,
if the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 2. Legislative Commission
on Minnesota Resources 250,000 250,000
For the biennium ending June 30, 1989,
the commission shall review the work
programs and progress reports required
under this section and report its
findings and recommendations to the
committee on finance of the senate,
committee on appropriations of the
house of representatives, and other
appropriate committees. During the
biennium, the commission shall
establish oversight committees to
continue review of a variety of natural
resource subject areas as it believes
necessary to carry out its legislative
charge.
Subd. 3. Department of Natural
Resources 2,867,000 2,870,000
Approved complement - 28
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Groundwater Management
$300,000 $300,000
Approved complement - 1
The appropriation is to determine the
relationship between ground and surface
water use, flow, and quality impacts
near rivers.
(b) Water Allocation and Conservation
$200,000 $200,000
Approved complement - 6
The appropriation is to develop an
instream flow program including
hydrologic and biologic components and
to determine specific protected flow
requirements for allocation and
development decisions.
(c) Accelerated Land Exchange
$125,000 $125,000
Approved complement - 3
The appropriation is to accelerate land
exchange transactions so larger amounts
of land change hands, including
multiple public agency exchanges and
state park trust land title transfers.
This includes accelerated improvement
of land records and development of a
submerged land management program.
(d) Marketing Department Services
$135,000 $135,000
Approved complement - 3
The appropriation is to examine the
information expectations and needs of
the public regarding natural resource
management and outdoor recreation use,
and to develop a marketing plan to
insure that DNR facilities and programs
offer services that reflect market
interest.
(e) Ridgeline Trail
$190,000 $190,000
Approved complement - 1
The appropriation is for a grant to the
Superior hiking trail association for
planning, development, and limited
easement acquisition of a trail that
follows the ridgeline overlooking Lake
Superior. Local contributions of
donated perpetual easements, volunteer
labor, materials, and ongoing
operations and maintenance
responsibility will supplement the
grant. The use of conservation corps
resources is strongly encouraged. Up
to $60,000 is available to the
department for planning and
administrative assistance.
(f) Mississippi River Management
$135,000 $136,000
Approved complement - 4
The appropriation is to provide an
interdisciplinary management team to
better coordinate planning and
implementation of state and federal
initiatives on the Minnesota, St.
Croix, and Mississippi rivers.
(g) Brighton Beach Breakwater
$235,000 $235,000
The appropriation is for development of
a breakwater in conjunction with a
state public access on locally-owned
land to meet increased recreation
demand and provide safer fishing and
boating opportunities.
(h) Fish and Wildlife Comprehensive
Planning
$130,000 $130,000
Approved complement - 3
The appropriation is to continue
development of the long range fish and
wildlife comprehensive plan, develop
and implement a cost accounting
performance reporting process, refine
public involvement, implement action
planning, work planning, and budgeting
for all work and funds of the division
of fish and wildlife. The commissioner
shall pursue 75 percent reimbursement
and deposit the receipts into the
Minnesota resources fund federal
reimbursement account, if permissible
under federal law.
(i) Forest Wildlife Habitat Intensification
$ 80,000 $ 80,000
Approved complement - 2
The appropriation provides staff to
assist with forestry unit planning to
insure fish and wildlife considerations
are fully addressed.
(j) Swan Lake Area Wildlife Project
$975,000 $976,000
Approved complement - 1
The appropriation is for an initial
project to dramatically increase
wildlife populations by focusing on
private land cost sharing, acquisition
and development of diverse lands, and
application of innovative management
techniques, thereby bolstering the
local economy through increased
wildlife based recreation. All gifts,
match reimbursements, or other receipts
are appropriated for this purpose.
All acquisition of land may be no
greater than 100 percent of the
appraised value.
(k) County Biological Survey
$ 87,000 $ 88,000
Approved complement - 2
The appropriation is for a survey of
rare plants, animals, and habitats
using combinations of existing
forestry, soils, and habitat data on a
county-by-county basis. Private match
is appropriated.
(l) Glacial Drift Geochemistry
$100,000 $100,000
Approved complement - 2
The appropriation is to extend
geochemical techniques to additional
areas in order to evaluate the
potential existence of strategic
minerals, using the aeromagnetic survey
as a guide for targeting efforts.
(m) Regeneration Growth Inventory
$ 25,000 $ 25,000
The appropriation is for a grant to
Beltrami county to inventory young
timber stands and develop revised
growth models that will indicate the
feasibility of increased or decreased
harvesting.
(n) Conservation Corps
$150,000 $150,000
The appropriation is for acceleration
of the corps work with a new emphasis
on county forest and recreation
projects.
The appropriation must be equally
matched from the county and local units
of government where the conservation
corps work takes place.
Subd. 4. Pollution Control Agency 491,000 492,000
Approved complement - 3
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Handbooks of Best Management
Practices
$ 30,000 $ 30,000
Approved complement - 1
The appropriation is to develop a
catalogue of structural and
nonstructured nonpoint source pollution
best management practices and training
programs for primary users. Federal
match is appropriated.
(b) Nonpoint Source Pollution Model
$ 40,000 $ 40,000
The appropriation is for additional
development of the AGNPS model in order
to emphasize analyses of watershed
pollutants in the areas of off-site
erosion impacts, pesticides,
groundwater, economic analysis, urban
compatibility, and annualization.
Federal match is appropriated.
(c) Garvin Brook Final Evaluation
$ 75,000 $ 75,000
Approved complement - 1
The appropriation is to conduct
follow-up monitoring, testing, and
evaluation and to report on the
practices installed since the 1981
initiation of the project. Federal
money available is appropriated.
(d) Lake Runoff Management Evaluation
$196,000 $197,000
The appropriation is for a grant to the
metropolitan council for evaluation,
documentation, and reporting on the
effectiveness of various runoff
management practices on lake protection.
(e) Mercury Toxicity
$150,000 $150,000
Approved complement - 1
The appropriation is to examine lakes,
streams, and fish in order to determine
the source of and mitigation measures
for mercury contamination. Federal
money available is appropriated.
Subd. 5. State Planning Agency 512,000 513,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Pilot Comprehensive Local Water Planning
$450,000 $450,000
The appropriation is for the
environmental quality board for a water
planning project to make up to eight
grants to local units of government
with the required nonstate one-to-one
match. This includes up to $70,000 for
information services to be provided by
the land management information
center. All state agencies shall
provide information and assist these
county efforts as appropriate. The
rulemaking provisions of Minnesota
Statutes, chapter 14, do not apply to
the award of grants under this
paragraph.
(b) Support for Soil and Water Management
$ 62,000 $ 63,000
The appropriation is for the
environmental quality board to make a
grant to the international coalition to
provide an understandable basin-wide
perspective on soils and waters for
improved public knowledge and
enhancement of local planning efforts
in the Red River basin. The freshwater
foundation is requested to assist the
project as feasible.
Subd. 6. Department of Agriculture 245,000 245,000
(a) Biological Control of Pests
Approved complement - 5
The appropriation is for research to
develop the natural enemies needed to
control several plant and animal pests
as an alternative to pesticides.
Seasonal staffing as needed is
anticipated.
Subd. 7. Minnesota Historical
Society 173,000 177,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Historical Data Base
$ 50,000 $ 50,000
The appropriation is to organize and
automate the collections, increase
public awareness, and significantly
improve management of these rare
materials. Available private money is
appropriated.
(b) Environmental Oral History
$ 22,000 $ 23,000
The appropriation is to complete the
project initiated in 1985 while people
who are important to environmental
history are still available.
(c) Geographic Resource Marketing
$ 22,000 $ 23,000
The appropriation is to accelerate
marketing and interpretation of
important geographic resources for
purposes of preservation, tourism, and
public use.
(d) Heritage Trails
$ 22,000 $ 23,000
The appropriation is for a project to
interpret and preserve historic trails
for public use tourism.
(e) Indian History Grants in Aid
$ 35,000 $ 35,000
The appropriation is for grants to
preserve and develop the Battle Point
and Kathio sites on an equal match
basis with the reservations.
(f) Farm Economy Record
$ 22,000 $ 23,000
The appropriation is for a project to
record the changes in the farm economy
and the effects on the social fabric
and general economy.
Subd. 8. University of Minnesota 3,026,000 3,030,000
The amounts that may be spent from this
approriation for each activity are as
follows:
(a) Optimize Winter Lake Aeration
$ 49,000 $ 49,000
The appropriation is for the St.
Anthony Falls Hydraulics laboratory to
determine optimum selection, sizing,
and operation of lake aeration
equipment and techniques.
(b) Gas Permeable Membrane Water Treatment
$ 87,000 $ 88,000
The appropriation is for the civil and
mineral engineering department to
research and develop novel technologies
for removal of contaminants from
water. If this work results in a
patent and subsequent royalties, the
university shall repay 50 percent of
the royalties received, net of patent
servicing costs, until the entire
appropriation is repaid, into the
Minnesota resources fund.
(c) Dioxins in Bleached Kraft Pulp
$150,000 $150,000
The appropriation is for the natural
resources research institute to develop
biodegradation techniques for
decontamination of soils and sludge
containing dioxins produced through
bleached kraft pulp manufacture and to
improve the data base on dioxin
contamination. Federal and private
moneys are appropriated.
(d) Engineering Solutions to Water Problems
$350,000 $350,000
The appropriation is for the St.
Anthony Falls Hydraulics laboratory to
develop engineering methods for
pollutant transport, river erosion and
sedimentation, selection of lake
management techniques, and evaluation
of effects of ice on flooding.
(e) Groundwater Quality Impacts from
Agriculture
$155,000 $156,000
The appropriation is for the soils
department to quantify the nitrogen and
pesticides that move through soil under
the effects of various agricultural
pratices and to determine the effects
of transformation and breakdown
products.
(f) Simple Water Assay
$ 25,000 $ 25,000
The appropriation is for the Gray
freshwater biological institute to
develop a low cost and readily useable
test to detect various water
pollutants. The appropriation is
contingent upon at least an equal
private match from the freshwater
foundation, which is appropriated. If
this work results in a patent and
subsequent royalties, the university
shall repay 50 percent of the royalties
received, net of patent servicing
costs, until the entire appropriation
is repaid, into the Minnesota resources
fund.
(g) Accelerated Soil Survey
$700,000 $700,000
The appropriation is for the
agricultural experiment station for the
sixth biennium of a seven biennium
effort to provide the appropriate
detailed survey based on the adopted
federal, state, and local cost share.
It may be spent only in counties where
the survey was underway or the
agreement signed and survey scheduled
by July 1, 1988.
(h) Biomass Cash Crop Nursery
Establishment
$ 92,000 $ 92,000
The appropriation is for the Crookston
campus to establish poplar nurseries
with local growers and small
demonstration plots at Waseca and
Lamberton.
(i) Undrained Peatlands for Short
Rotation Forestry
$ 58,000 $ 58,000
The appropriation is for the natural
resources research institute to
determine the feasibility of using
undrained peat for poplar and willow
plantations as an alternative to the
environmental impacts from conventional
drainage land preparation techniques.
(j) Compost and CoCompost Research
$ 87,000 $ 88,000
The appropriation is for the soils
department to identify methods that
optimize produce quality and to
determine management practices and
application rates for use of compost.
(k) Gamefish Growth Enhancement
$321,000 $322,000
The appropriation is for the fish and
wildlife department to produce fish
with increased growth rates using
genetic engineering. If this work
results in a patent and subsequent
royalties, the university shall repay
50 percent of the royalties received,
net of patent servicing costs, until
the entire appropriation is repaid,
into the Minnesota resources fund.
(l) Evaluation of Mosquito Control
Activities on Waterfowl
$ 60,000 $ 60,000
The appropriation is for the department
of fish and wildlife to study impacts
on the food resources of marshes
related to waterfowl reproduction and
duckling survival. The university must
attempt to secure an equal funding
match from the metropolitan mosquito
control commission. The freshwater
foundation is requested to assist by
coordinating this work with other
related studies on waterfowl.
(m) Ash as a Lime or Fertilizer Source
$ 35,000 $ 35,000
The appropriation is for the extension
service to determine the potential of
wood and related ash as a soil
amendment that is environmentally safe
and economically viable for alfalfa and
other crops.
(n) Aeromagnetic Mapping
$400,000 $400,000
The appropriation is to the state
geological survey for the fifth
biennium of a six biennium effort to
electronically acquire and interpret
geophysical data, including groundtruth
drilling.
(o) Industrial Minerals: Clay
$200,000 $200,000
The appropriation is for the mineral
resources research center to test known
clay resources for potential industrial
resources and test the feasibility of
producing high grade kaolin products
from Redwood Falls area clay.
(p) Future Timber Supply Scheduling
Techniques
$ 73,000 $ 73,000
The appropriation is for the college of
forestry to link strategic and
operational planning by refining growth
projection and planning models and to
thereby help capture greater economic
and biologic potentials from forests.
(q) Biotechnology Applications in Forestry
$ 84,000 $ 84,000
The appropriation is for the college of
forestry to complete the basic research
on regeneration, emphasing tissue
culture, and on bioprocessing of lignin.
(r) Sludge Ash Pilot Project
$100,000 $100,000
The appropriation is to the mineral
resources research center for a pilot
plant test of new processing techniques
for the ash from incinerated sewage
sludge, and to assess the potential of
total disposal through a route to a
commercial product. The match from the
metropolitan waste control commission
is appropriated. If this work results
in a patent and subsequent royalties,
the university shall repay 50 percent
of the royalties received, net of
patent servicing costs, until the
entire appropriation is repaid, into
the Minnesota resources fund.
Subd. 9. State University Board 50,000 50,000
(a) Nonenergy Peat Development
The appropriation is for Bemidji state
university to accelerate the
investigation of extracting high value
commercial products from peat.
Subd. 10. Appropriation Adjustment
The commissioner of finance, upon
recommendation of the legislative
commission on Minnesota resources,
shall reduce the appropriations for the
projects funded by this section by
$100,000 in fiscal year 1988 and
$100,000 in fiscal year 1989. This
reduction shall be reappropriated to
the commissioner of natural resources
to establish a control program for the
weed lythrun salicaria (purple
loosestrife) in cooperation with the
department of agriculture.
Subd. 11. Appropriation Adjustment
The commissioner of finance, upon
recommendation of the legislative
commission on Minnesota resources,
shall adjust the appropriations for the
projects funded by this section by
$40,000 in fiscal year 1988 and $40,000
in fiscal year 1989. The reduction
shall be reappropriated to the
commissioner of natural resources to
fund a land and water conservation fund
coordination position. The
commissioner is authorized one
complement position.
Subd. 12. Compatible Data
During the biennium, the data collected
by projects funded under this section
that has common value for natural
resource planning must be provided and
integrated into the Minnesota land
management information system's
geographic and summary data bases
according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by the activity receiving
funding under this section. This
requirement applies to all projects
funded under this section, including
but not limited to projects under
subdivision 3, clauses (a), (b), (c),
(h), (k), (l), and (m), subdivision 4,
clause (b), subdivison 5, clause (a),
and subdivision 8, clauses (e), (g),
and (n).
Subd. 13. Work Programs
It is a condition of acceptance of the
appropriations made by this section
that the agency or entity receiving the
appropriation must submit work programs
and semi-annual progress reports in the
form determined by the legislative
commission on Minnesota resources.
None of the money provided in this
subdivision may be spent unless the
commission has approved the pertinent
work program. Upon request from the
commission, the agency head shall
submit an evaluation by July 1, 1988,
as to whether the program should be
incorporated in the next agency budget.
Subd. 14. Complement Temporary
Persons employed by a state agency and
paid by an appropriation in this
section are in the unclassified civil
service, and their continued employment
is contingent upon the availability of
money from the appropriation. When the
appropriation has been spent, their
positions must be canceled and the
approved complement of the agency
reduced accordingly. Part-time
employment of persons is authorized.
Subd. 15. Federal Reimbursement
Account 500,000 500,000
This appropriation is for the spending
purposes in the natural resources
federal reimbursement account in
Minnesota Statutes, section 86.72.
Sec. 31. LABOR AND INDUSTRY
Subdivision 1. Total
Appropriation 16,673,000 16,505,500
1988 1989
Approved Complement - 373 373
General - 69 69.0
Special Revenue - 65 65
Federal - 42.5 42.5
Workers' Compensation - 196.5 196.5
Summary by Fund
General $ 7,491,000 $ 7,540,900
Worker's Comp. $ 7,722,700 $ 7,619,100
Special Revenue $ 1,459,300 $ 1,345,500
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Employment Standards
$ 909,900 $ 907,400
Subd. 3. Workers' Compensation
Regulation and Enforcement
$ 4,065,300 $ 4,019,900
This appropriation is from the special
compensation fund.
Until June 30, 1989, the commissioner
of labor and industry may provide a
workers' compensation insurer or
self-insured employer direct computer
access to public workers' compensation
data on file with the commissioner,
upon receipt of a fee in an amount
determined by the commissioner to be
sufficient to cover the direct and
indirect costs of providing the
access. Fee receipts must be deposited
in the state treasury and credited to a
special account and are appropriated to
the commissioner to pay the costs of
providing the access.
Subd. 4. Workers' Compensation
State Claims Management
$1,714,600 $1,771,300
$310,500 the first year and $322,900
the second year are for payment of
peace officer survivor benefits under
Minnesota Statutes, section 176B.04.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 5. Workers' Compensation
Special Compensation Fund
$3,904,800 $3,903,800
Of this appropriation $1,404,800 the
first year and $1,403,800 the second
year are from the special compensation
fund.
$2,500,000 the first year and
$2,500,000 the second year are for
reimbursement of the special
compensation fund under Minnesota
Statutes, section 176.183, subdivision
2.
$197,000 the first year and $197,000
the second year is from the special
compensation fund for enforcement of
the mandatory insurance requirements
contained in Minnesota Statutes,
chapter 176. This appropriation
includes money to pay for an
investigator to assist the department
in its insurance enforcement efforts.
Subd. 6. Code Enforcement
$ 1,409,600 $ 1,295,800
This appropriation is from the special
revenue fund.
Subd. 7. OSHA
$ 1,237,900 $ 1,234,700
Summary by Fund
General $ 1,188,200 $1,185,000
Special Revenue $ 49,700 $ 49,700
$49,700 the first year and $49,700 the
second year are from the special
revenue fund for passenger elevator
inspection.
Subd. 8. General Support
$2,234,300 $2,232,200
Summary by Fund
General $ 853,000 $ 852,400
Workers' Comp. $1,381,300 $1,379,800
Subd. 9. Information Management
Services
$ 1,196,600 $ 1,140,400
Summary by Fund
General $ 325,300 $ 324,800
Workers' Comp. $ 871,300 $ 815,600
Sec. 32. WORKERS' COMPENSATION
COURT OF APPEALS 755,200 738,500
Approved Complement - 15
This appropriation is from the workers'
compensation special compensation fund.
Sec. 33. MEDIATION SERVICES 1,570,100 1,618,600
Approved Complement - 26
$237,500 the first year and $287,500
the second year are for grants to area
labor-management committees. The
unencumbered balance remaining in the
first year does not cancel but is
available for the second year.
Sec. 34. PUBLIC EMPLOYMENT
RELATIONS BOARD 60,600 60,500
Approved Complement - 1
Sec. 35. MILITARY AFFAIRS
Subdivision 1. Total
Appropriation 6,301,100 6,303,400
Approved Complement - 322.8
General - 136.8
Federal - 186.0
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Maintenance of Training
Facilities
$ 4,990,900 $ 4,981,900
$100,000 the first year and $100,000
the second year are for six general
fund positions to support the federal
construction program.
$100,000 the first year and $100,000
the second year is for repairs and
renovations. If the appropriation for
either year is insufficient the
appropriation for the other year is
available for it.
Subd. 3. General Support
$1,310,200 $1,321,500
$75,000 the first year and $75,000 the
second year are for expenses of
military forces ordered to active duty
under Minnesota Statutes, chapter 192.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 36. VETERANS AFFAIRS
Subdivision 1. Total
Appropriation 15,554,300 15,250,800
Approved Complement - 408.5
General - 41.0
Special - 367.5
Summary by Fund
General $ 7,554,300 $ 7,250,800
Transfers to
Other Direct ($ 5,068,300)($ 4,765,200)
Special Revenue $13,068,300 $12,765,200
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Veterans Benefits and
Services
$2,486,000 $2,485,600
During the biennium, in administering
veterans benefits programs the
commissioner shall ensure that veterans
participate in all federally funded
benefit programs to the maximum extent
possible before receiving assistance
under state funded programs.
$988,100 the first year and $988,100
the second year are for emergency
financial and medical needs of
veterans. For the biennium ending June
30, 1989, the commissioner shall limit
financial assistance to veterans and
dependents to six months, unless
recipients have been certified as
ineligible for other benefit programs.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 3. Veterans Homes
$ 13,068,300 $ 12,765,200
Summary by Fund
General $ 5,068,300 $ 4,765,200
Transfers to
Other Direct ($ 5,068,300)($ 4,765,200)
Special Revenue $13,068,300 $12,765,200
The appropriation from the general fund
is for transfer by the commissioner of
finance to the special revenue fund to
support appropriations from the special
revenue fund that are not fully
supported by income from the federal
government and charges to residents.
$200,000 of unencumbered balances in
the appropriations in Laws 1985, First
Special Session chapter 13, section 37,
subdivision 2, specified for emergency
financial and medical needs of veterans
is transferred to the fiscal year 1987
Minneapolis Veterans Home program
budget for emergency repairs and
equipment needed to correct cited
deficiencies at the home.
Sec. 37. HUMAN RIGHTS 2,574,700 2,593,100
Approved Complement - 65
Sec. 38. INDIAN AFFAIRS COUNCIL 329,300 308,900
Approved Complement - 9
General - 7
Federal - 2
$25,000 the first year and $25,000 the
second year is for the purpose of
enabling the council to carry out the
tasks of identifying, relocating or
preserving the Indian burial grounds as
required by Minnesota Statutes, section
307.08. The council is to work
cooperatively with the Minnesota state
historical society in performing these
tasks.
During the biennium, the data collected
by this activity that has common value
for natural resource planning must be
provided and integrated into the
Minnesota land management information
system's geographic and summary data
bases according to published data
compatibility guidelines. Costs
associated with this data delivery must
be borne by this activity.
An additional $20,000 from the general
fund is available for allotment by the
commissioner of finance to the council
during the biennium upon demonstration
of a dollar-for-dollar match with
nonpublic contributions. Up to
one-quarter of the nonpublic match
requirement may be met with in-kind
contributions. Nonpublic contributions
may be raised by the council in either
year of the biennium. All funds not
receiving a nonpublic match shall
cancel to the general fund at the end
of the biennium.
Sec. 39. COUNCIL ON AFFAIRS
OF SPANISH-SPEAKING PEOPLE 154,300 134,500
Approved Complement - 3
An additional $20,000 from the general
fund is available for allotment by the
commissioner of finance to the council
during the biennium only upon
demonstration of a dollar-for-dollar
match with nonpublic contributions. Up
to one-quarter of the nonpublic match
requirement may be met with in-kind
contributions. Nonpublic contributions
may be raised by the council in either
year of the biennium. All funds not
receiving a nonpublic match shall
cancel to the general fund at the end
of the biennium.
Sec. 40. COUNCIL ON BLACK
MINNESOTANS 168,700 148,700
Approved Complement - 3.5
An additional $20,000 from the general
fund is available for allotment by the
commissioner of finance to the council
during the biennium only upon
demonstration of a dollar-for-dollar
match with nonpublic contributions. Up
to one-quarter of the nonpublic match
requirement may be met with in-kind
contributions. Nonpublic contributions
may be raised by the council in either
year of the biennium. All funds not
receiving a nonpublic match shall
cancel to the general fund at the end
of the biennium.
Sec. 41. COUNCIL ON ASIAN-PACIFIC
MINNESOTANS 150,000 130,000
Approved Complement - 3
An additional $20,000 from the general
fund is available for allotment by the
commissioner of finance to the council
during the biennium only upon
demonstration of a dollar-for-dollar
match with nonpublic contributions. Up
to one-quarter of the nonpublic match
requirement may be met with in-kind
contributions. Nonpublic contributions
may be raised by the council in either
year of the biennium. All funds not
receiving a nonpublic match shall
cancel to the general fund at the end
of the biennium.
Sec. 42. COUNCIL FOR THE
HANDICAPPED 438,900 419,500
Approved Complement - 10
An additional $20,000 from the general
fund is available for allotment by the
commissioner of finance to the council
during the biennium only upon
demonstration of a dollar-for-dollar
match with nonpublic contributions. Up
to one-quarter of the nonpublic match
requirement may be met with in-kind
contributions. Nonpublic contributions
may be raised by the council in either
year of the biennium. All funds not
receiving a nonpublic match shall
cancel to the general fund at the end
of the biennium.
Sec. 43. SALARY SUPPLEMENT 19,699,600 42,569,100
Subdivision 1. Appropriations
Except as limited by the direct
appropriations made in this section,
the amounts necessary to pay
compensation and economic benefit
increases covered by this section are
appropriated from the various funds in
the state treasury from which salaries
are paid to the commissioner of finance
for the fiscal years ending June 30,
1988, and June 30, 1989. In the case
of salaries that are paid from one
fund, but that fund is reimbursed by
another fund, the amounts necessary to
make these reimbursements are also
appropriated.
(a) General Fund
$14,453,000 $30,358,000
(b) Game and Fish Fund
$ 568,500 $1,149,200
(c) Trunk Highway Fund
$5,118,900 $10,348,800
(d) Highway User Tax Distribution Fund
$ 144,300 $ 291,700
(e) Workers' Compensation
$ 208,200 $ 421,400
Subd. 2. Increases Covered
The compensation and economic benefit
increases covered by this section are
those paid to classified and
unclassified employees and officers in
the executive, judicial, and
legislative branches of state
government, and to employees of the
Minnesota historical society who are
paid from state appropriations, if the
increases are required by existing law
or authorized by law during the 1987
session of the legislature or by
appropriate resolutions for employees
of the legislature, or are given
interim approval by the legislative
commission on employee relations under
Minnesota Statutes, sections 3.855 and
43A.18 or 179A.22, subdivision 4.
The salary increases recommended by the
compensation council on December 18,
1986, for legislators, judges, and
constitutional officers are modified,
so that the rate of increase that goes
into effect on January 1, 1989, and
January 1, 1990, must be five percent
each year.
The commissioner of finance shall
transfer to the appropriations for
agencies in the legislative and
judicial branches and for the
constitutional officers the amounts
certified as necessary for each agency
by its chief financial officer. For
the purposes of this paragraph, the
secretary of the senate is the chief
financial officer for the senate, the
chairman of the legislative
coordinating commission for legislative
commissions, the chief justice of the
supreme court for agencies in the
judicial branch, and the elected
constitutional officer for each
constitutional office.
The salaries for positions listed in
Minnesota Statutes, section 15A.081,
subdivision 1, which were given interim
approval by the legislative commission
on employee relations on March 31,
1987, are ratified, retroactive to
January 16, 1987.
The salary increase for a position
listed in Minnesota Statutes, section
15A.081, subdivision 1, must not be
more than five percent for each year of
the biennium ending June 30, 1989.
Within the provisions of the managerial
plan approved under Minnesota Statutes,
section 43A.18, an agency may not
authorize aggregate performance
increases for its managers that exceed
an average of three percent in each
year of the biennium ending June 30,
1989. A salary increase given in a
lump sum is included within this
limit. If an agency has fewer than
three managers, it may exceed this
average by one percent.
By January 1, 1989, the commissioner of
employee relations must assess
managerial pay practices among the
categories of agencies as grouped in
Minnesota Statutes, section 15A.081,
and among the metropolitan council and
metropolitan commissions and boards.
Managers within agencies of the
executive branch not listed in section
15A.081 must also be compared. This
assessment must be reported to the
chairs of the committees of house
appropriations, senate finance, and the
legislative commission on employee
relations.
The metropolitan council or a
metropolitan commission or board may
not authorize aggregate performance
increases for its managers that exceed
an average of three percent in each
year of the biennium ending June 30,
1989. A salary increase given in a lump
sum is included within this limit. If
an agency has fewer than three
managers, it may exceed this average by
one percent.
Subd. 3. Notice
During the biennium, the commissioner
of finance shall transfer the necessary
amounts to the proper accounts and
shall promptly notify the committee on
finance of the senate and the committee
on appropriations of the house of
representatives of the amount
transferred to each appropriation
account.
Sec. 44. GENERAL CONTINGENT
ACCOUNTS 1,450,000 750,000
The appropriations in this section must
be spent with the approval of the
governor after consultation with the
legislative advisory commission under
Minnesota Statutes, section 3.30.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Summary by Fund
General $750,000 $750,000
Special Revenue $500,000 $ 0
Workers' Comp. $200,000 $ 0
The appropriation from the general fund
is only available to the extent that
the unreserved fund balance of the
general fund on July 1, 1987, is
greater than was estimated at the time
this act was enacted.
Sec. 45. TORT CLAIMS 318,500 318,500
To be spent by the commissioner of
finance.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Summary by Fund
General $ 303,000 $ 303,000
Game and Fish $ 15,500 $ 15,500
Sec. 46. MINNESOTA STATE
RETIREMENT SYSTEM 4,970,000 5,216,000
The amounts estimated to be needed for
each program are as follows:
(a) Legislators
$2,155,000 $2,161,000
Under Minnesota Statutes, sections
3A.03, subdivision 2; 3A.04,
subdivisions 3 and 4; and 3A.11.
(b) Judges
$2,650,000 $2,875,000
Under Minnesota Statutes, sections
490.106; and 490.123, subdivision 1.
(c) Constitutional Officers
$ 142,000 $ 157,000
Under Minnesota Statutes, sections
352C.031, subdivision 5; 352C.04,
subdivision 3; and 352C.09, subdivision
2.
(d) State Employee Supplemental Benefits
$ 23,000 $ 23,000
Under Minnesota Statutes, section
352.73.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 47. PUBLIC EMPLOYEES
RETIREMENT ASSOCIATION 30,000 30,000
This appropriation is for supplemental
benefits under Minnesota Statutes,
section 353.83.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 48. MINNEAPOLIS EMPLOYEES
RETIREMENT FUND 10,654,000 11,375,000
The appropriation is to the
commissioner of finance for payment to
the Minneapolis employees retirement
fund under Minnesota Statutes, section
422A.101, subdivision 3.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 49. POLICE AND FIRE
AMORTIZATION AID 7,537,000 7,537,000
The appropriation is to the
commissioner of finance for state aid
to amortize the unfunded liability of
local police and salaried firefighters'
relief associations, under Minnesota
Statutes, section 423A.02. If an
appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 50. UNIVERSITY OF MINNESOTA 372,900 372,400
This appropriation is for use by the
St. Anthony Falls hydraulics laboratory.
This appropriation must not be
allocated by the commissioner of
finance to the University of Minnesota
until the commissioner has made an
annual determination that the federal
money available each fiscal year is
less than the amount that was available
in fiscal year 1987. The amount of the
allocation, when added to the federal
money available, must not exceed the
amount of federal money received in
fiscal year 1987.
Sec. 51. FISCAL YEAR 1987 APPROPRIATIONS
Subdivision 1. Appropriations
The sums set forth in columns
designated "APPROPRIATIONS" are
appropriated from the General Fund, or
any other fund designated, to the
agencies and for the purposes specified
in this section, to be available for
fiscal year 1987.
Summary by Fund
1987
General $3,325,900
Special Revenue 395,000
Trunk Highway 284,800
Workers' Compensation 18,300
APPROPRIATION
1987
Subd. 2. Trial Courts $ 413,900
This appropriation is added to the
appropriation in Laws 1985, First
Special Session chapter 13, section 5,
subdivision 2, for district and county
judges.
Subd. 3. Attorney General 584,800
$300,000 is added to the appropriation
in Laws 1985, First Special Session
chapter 13, section 14, subdivision 5,
and remains available until the
bankruptcy proceeding involving LTV
Corporation and Reserve Mining is
resolved.
$284,800 is appropriated from the trunk
highway fund for transfer by the
commissioner of finance to the general
fund on June 30, 1987, in order to
reimburse the general fund for legal
services to trunk highway fund purposes
in fiscal years 1985, 1986, and 1987.
Subd.4. Pollution Control Agency 490,000
This appropriation is for environmental
impact statements and is available
until June 30, 1988. Koch Refining
Company shall reimburse the general
fund for the cost of conducting the
environmental impact statement on their
land farm project.
Subd. 5. Labor and Industry 1,032,000
This appropriation is to pay the
reinsurance premium for the workers'
compensation state employee claims
management program and is added to the
appropriation in Laws 1985, First
Special Session chapter 13, section 32.
Subd. 6. Workers' Compensation
Court of Appeals 18,300
This appropriation is from the workers'
compensation special compensation fund
and is added to the appropriation in
Laws 1985, First Special Session
chapter 13, section 33.
Subd. 7. Veterans Affairs 395,000
This appropriation from the special
revenue fund is to provide salaries for
nursing staff, patients' food, and
workers' compensation payments and is
added to the appropriation in Laws
1985, First Special Session chapter 13,
section 37.
Subd. 8. Transfer of Lands 790,000
To be disbursed by the commissioner of
finance and to remain available until
the transfer of lands authorized by
Laws 1984, chapter 539, and Laws 1986,
chapter 429 is completed.
Of this amount, up to $650,000 is for
condemnation awards related to
reimbursement of the permanent school
fund for up to 1,500 acres of school
and other trust fund lands that must be
condemned in order to complete the
transfer authorized by Laws 1984,
chapter 539 and Laws 1986, chapter
429. The remaining amount may be used
for costs and other expenses associated
with the condemnation and transfer.
Payment or reimbursement must not be
made from this appropriation until the
state of Minnesota and the United
States have entered into a land
transfer agreement under the terms of
the White Earth Land Settlement Act of
1985, Public Law Number 99-264,
Statutes at Large, volume 100, page 61.
$50,000 is to reimburse the White Earth
Band of Chippewa Indians for actual
costs incurred in developing,
supporting, and implementing the White
Earth Land Claim Settlement Act, Public
Law 99-264. Payments must be made by
the commissioner of finance upon
submission of invoices, bills, or
statements certified by the chairman of
the White Earth tribal council to be
actual costs incurred in developing,
supporting, and implementing the
settlement act, and upon review and
approval of the submissions by the
attorney general.
Subd. 9. Firefighting
The amount necessary to pay for
emergency firefighting expenses is
added to the appropriation in Laws
1985, First Special Session chapter 13,
section 23, subdivision 7, for the
purposes of firefighting.
Subd. 10. Superconducting Supercollider
$300,000 is appropriated from the
general fund for fiscal year 1987 to a
contingency account in the governor's
office for the purpose of preparing an
application to the Department of Energy
for Minnesota to become the site of the
superconducting supercollider. The
governor's office shall seek out
private funding and shall make use of
the full services of the state planning
agency in preparing the application.
This appropriation is available until
January 1, 1988.
Sec. 52. [POSTRETIREMENT ADJUSTMENT; LUMP SUM PAYMENTS.]
Subdivision 1. [COVERED RETIREMENT FUNDS.] The following
retirement funds shall pay the postretirement adjustment
provided for in this section:
(1) public employees retirement fund;
(2) public employees police and fire fund;
(3) teachers retirement fund;
(4) state patrol retirement fund;
(5) state employees retirement fund of the Minnesota state
retirement system; and
(6) Minneapolis employees retirement fund.
Subd. 2. [ENTITLEMENT.] A person receiving a retirement
annuity, disability benefit, or surviving spouse's annuity or
benefit from a retirement fund named in subdivision 1 is
entitled to receive the postretirement adjustment provided for
in this section if the annuity or benefit the person is
receiving is:
(1) an annuity or benefit from the fund named in
subdivision 1, clause (4), computed under the laws in effect
before June 1, 1973;
(2) an annuity or benefit from the funds named in
subdivision 1, clause (1), (2), (3), or (5), computed under the
laws in effect before July 1, 1973;
(3) an annuity from the fund named in subdivision 1, clause
(6), computed under the laws in effect before March 5, 1974;
(4) a "$2 bill and annuity" annuity from the fund named in
subdivision 1, clause (6); or
(5) an annuity or benefit from the fund named in
subdivision 1, clause (5), computed under the metropolitan
transit commission-transit operating division employees
retirement fund document in effect before January 1, 1978.
Subd. 3. [AMOUNT OF ADJUSTMENT.] Each retirement fund
named in subdivision 1 shall pay the postretirement adjustments
provided for in this section to each person eligible for an
annuity or benefit on November 30, 1987, or November 30, 1988,
and entitled to an adjustment under subdivision 2. An
adjustment for an individual recipient must be a lump sum
payment in an amount equal to $20 in 1987 and $20 in 1988 for
each full year of allowable service credited to the recipient by
the fund. Adjustments are payable on December 1, 1987, to
recipients eligible for an annuity or benefit on November 30,
1987, and on December 1, 1988, to recipients eligible for an
annuity or benefit on November 30, 1988. Nothing in this
section authorizes a fund to pay an adjustment to an estate.
Notwithstanding Minnesota Statutes, section 356.18, a fund shall
pay the adjustments provided for in this section without being
requested to do so unless an intended recipient files a written
notice with the fund requesting that the adjustment not be paid.
Subd. 4. [TERMINAL AUDIT.] Each retirement fund named in
subdivision 1, as soon as practical after payment of the
December 1, 1988, postretirement adjustment, shall calculate the
amount of any appropriation apportioned to it in excess of the
amount required to pay the adjustments, report its calculation
in writing to the commissioner of finance, and return any excess
amount to the general fund. The commissioner of finance shall
verify the calculation reported by each fund.
Subd. 5. [APPROPRIATION.] $10,899,000 is appropriated from
the general fund to the retirement funds named in subdivision 1,
to pay the postretirement adjustments provided for in
subdivision 3. The appropriation is apportioned as follows:
Fiscal Year Fiscal Year
1988 1989
Public employees retirement fund $1,822,000 $1,713,000
Public employees police and fire fund 78,000 73,000
Teachers retirement fund 1,532,000 1,443,000
State patrol retirement fund 67,000 63,000
State employees retirement fund 1,280,000 1,230,000
Minneapolis employees retirement fund 820,000 778,000
Sec. 53. [TRANSFERS.]
Subdivision 1. [GENERAL PROCEDURE.] If the appropriation
in this act to an agency in the executive branch is specified by
program, the agency may transfer unencumbered balances among the
programs specified in that section after getting the approval of
the commissioner of finance. The commissioner shall not approve
a transfer unless the commissioner believes that it will carry
out the intent of the legislature. The transfer must be
reported immediately to the committee on finance of the senate
and the committee on appropriations of the house of
representatives. If the appropriation in this act to an agency
in the executive branch is specified by activity, the agency may
transfer unencumbered balances among the activities specified in
that section using the same procedure as for transfers among
programs.
Subd. 2. [CONSTITUTIONAL OFFICERS.] A constitutional
officer need not get the approval of the commissioner of finance
but must notify the committee on finance of the senate and the
committee on appropriations of the house of representatives
before making a transfer under subdivision 1.
Subd. 3. [TRANSFER PROHIBITED.] If an amount is specified
in this act for an item within an activity, that amount must not
be transferred or used for any other purpose.
Sec. 54. [MASTER LEASE.]
During the biennium ending June 30, 1989, for agencies to
whom appropriations are made in this act, the master lease, as
authorized in Minnesota Statutes, section 16A.85, may only be
used to finance large equipment with a capital value of more
than $100,000 and a useful life of more than ten years, and for
equipment already purchased under an existing lease-purchase
agreement. The commissioner of finance must consult with the
chairs of the senate finance committee and house appropriations
committee before entering into a lease-purchase of equipment by
a state agency in this act. This requirement does not apply to
purchases by the commissioner of administration made with money
from an internal services fund.
Sec. 55. [STUDY OF MANAGEMENT OF VETERANS HOMES.]
Subdivision 1. [STUDY ESTABLISHED.] The commissioner of
administration shall conduct or arrange for a study of the
management and operation of the Minnesota Veterans Homes. The
purpose of the study is to provide the legislature with an
accurate assessment of the management of the home and a
comprehensive appraisal of any deficiencies or problems that
need to be addressed. It is the intent of the legislature to
assure that the care and services provided to the veterans in
these homes is of high quality and that the quality of life for
the veterans is enhanced and maintained while residing in the
home.
Subd. 2. [STUDY GUIDELINES.] The study shall evaluate the
following: the role and responsibilities of the governing body,
administrator, and management staff at the home; the
relationships between the governing body, administrator and
management staff located in each home; the span of control and
authority delegated to the management staff at the home; the
effectiveness of the management practices at the home; the
direct care and other support personnel staffing patterns and
assignments throughout all units in the home; the admission
criteria and practices; the assessment of the care and service
needs of the residents; the utilization of state operated
veterans homes compared to the utilization of community based
and operated long-term care facilities for the veteran
population; the relationship of the home with the federal
Veterans Administration regulatory programs; the relationship
with the federal regulatory programs with the state regulatory
programs; the programmatic and fiscal advantages or
disadvantages of medical assistance certification for the
veterans home; the utilization of a preadmission screening
program for the home; and any other factors that are necessary
for an accurate and complete assessment of the role, operation,
and management of the home.
Subd. 3. [REPORT.] The commissioner of administration may
contract with a person or organization knowledgeable in
long-term health care facility management. The commissioners of
health and human services shall assist the commissioner of
administration in conducting this study. The commissioner of
administration shall report to the legislature with specific
findings and recommendations by February 1, 1988.
Subd. 4. [ASSESSMENTS.] The commissioner of veterans
affairs shall complete an assessment of the care and services
needed by all residents of all units in the homes. These
assessments shall be conducted in accordance with the procedures
used by the department of health for the assignment of resident
case mix reimbursement classifications. These assessments shall
be completed for all residents by September 1, 1987, and for all
residents admitted after that date or the date of completion of
the assessments whichever comes first. The commissioner of
health shall provide the commissioner of veterans affairs with
any necessary assistance required to train staff to perform
these assessments. The assessments shall be available to the
commissioners of health, human services, and administration for
the purpose of completing the management study of the veterans
home.
Sec. 56. [INCREASED RENTAL COSTS OR SPACE.]
An agency or department head must consult with the chairs
of the house appropriations and senate finance committees before
entering into any agreement that would cause an agency's rental
costs to increase by ten percent or more per square foot or
would increase the number of square feet of office space rented
by the agency by 25 percent or more in any fiscal year.
Sec. 57. [BUILDING FUND APPROPRIATION; TRANSFER.]
Subdivision 1. Notwithstanding any other law, the
commissioner of administration may transfer unencumbered
balances existing on May 15, 1987, in a project account for the
building fund appropriations listed in subdivision 2 to the
project enumerated in Laws 1983, chapter 344, section 2(j). The
money transferred under this section is appropriated for the
purposes for which it is transferred and may be used for the
retention of outside technical and legal expertise in the matter
of the resolution of any claims that arose out of the project to
which the original appropriation was made. The commissioner
must report to the chairs of the house appropriations committee
and the senate finance committee on any transfer made under this
section.
Subd. 2. Subdivision 1 applies to appropriations made by
the following laws: Laws 1973, chapter 777, section 14(c); Laws
1973, chapter 778, section 5(1); Laws 1976, chapter 348, section
2, subdivision 2; Laws 1978, chapter 791, section 2(k); Laws
1978, chapter 791, section 2(t); Laws 1978, chapter 792, section
4(a) and 4(f) and 15(a); Laws 1979, chapter 338, section 6; and
Laws 1981, chapter 4, section 2, subdivision 8 and section 6;
and Laws 1981, chapter 361, section 2(a); and Laws 1981, chapter
362, section 3; and Laws 1982, chapter 639, section 7.
Sec. 58. [INVESTIGATIVE ACTIVITIES.]
A six-member joint legislative committee shall investigate
the investigative activities of the department of natural
resources and the bureau of criminal apprehension. The
committee consists of three house members, including one member
of the minority caucus, appointed by the speaker of the house,
and three senate members, including one member of the minority
caucus, appointed pursuant to the rules of the senate. The
committee shall review the manner in which the investigative
activities are carried out and the budget for the activities.
The committee shall conclude its work by December 31, 1988.
Sec. 59. Minnesota Statutes 1986, section 2.722,
subdivision 1, is amended to read:
Subdivision 1. [DESCRIPTION.] Effective July 1, 1959, the
state is divided into ten judicial districts composed of the
following named counties, respectively, in each of which
districts judges shall be chosen as hereinafter specified:
1. Goodhue, Dakota, Carver, LeSueur, McLeod, Scott, and
Sibley; nine 13 judges; and four permanent chambers shall be
maintained in Red Wing, Hastings, Shakopee, and Glencoe and one
other shall be maintained at the place designated by the chief
judge of the district;
2. Ramsey; 13 judges;
3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele,
Waseca, Freeborn, Mower, and Fillmore; 22 judges; and permanent
chambers shall be maintained in Faribault, Albert Lea, Austin,
Rochester, and Winona;
4. Hennepin; 24 53 judges;
5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet,
Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault,
Martin, and Jackson; five judges; and permanent chambers shall
be maintained in Marshall, Windom, Fairmont, New Ulm, and
Mankato;
6. Carlton, St. Louis, Lake, and Cook; six 15 judges;
7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail,
Stearns, Todd, Clay, Becker, and Wadena; 19 20 judges; and
permanent chambers shall be maintained in Moorhead, Fergus
Falls, Little Falls, and St. Cloud;
8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville,
Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens,
Traverse, and Wilkin; three judges; and permanent chambers shall
be maintained in Morris, Montevideo, and Willmar;
9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau,
Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard,
Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching;
six judges; and permanent chambers shall be maintained in
Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids,
and International Falls;
10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine,
Chisago, and Washington; 24 30 judges; and permanent chambers
shall be maintained in Anoka, Stillwater, and other places
designated by the chief judge of the district.
Sec. 60. Minnesota Statutes 1986, section 3.30,
subdivision 2, is amended to read:
Subd. 2. [MEMBERS; DUTIES.] The chair of the senate
committee on taxes and tax laws, the chair of the senate
committee on finance, the chair of the house committee on taxes
and tax laws, and the chair of the house committee on
appropriations shall constitute the legislative advisory
commission. The governor shall preside over the meetings of the
commission but shall not be a member thereof. The majority
leader of the senate or a designee, the chair of the senate
committee on finance, and the chair of the senate division of
finance responsible for overseeing the items being considered by
the commission, the speaker of the house of representatives or a
designee, the chair of the house committee on appropriations,
and the chair of the division of the house appropriations
committee responsible for overseeing the items being considered
by the commissioner constitute the legislative advisory
commission. The division chair of the finance committee in the
senate and the division chair of the appropriations committee in
the house shall rotate according to the items being considered
by the commission. If any of the legislative members elect not
to serve on the commission, the house of which they are members,
if in session, shall select some other member for such vacancy.
If the legislature is not in session, vacancies in the
legislative membership of the commission shall be filled by the
last speaker of the house or, if the speaker be not available,
by the last chair of the house rules committee, in case of a
house vacancy, and by the last senate committee on committees or
other appointing authority designated by the senate rules in
case of a senate vacancy. The commissioner of finance shall act
as secretary of the commission and shall keep a permanent record
and minutes of its proceedings, which shall be public records.
The commissioner of finance shall transmit, under the provisions
of section 3.195, a report to the next legislature of all
actions of said commission. The members of the commission shall
receive traveling and subsistence expenses in attending meetings
of the commission. The commission shall meet from time to time
upon the call of the governor or upon the call of the secretary
at the request of three or more of its members.
Sec. 61. Minnesota Statutes 1986, section 3.303,
subdivision 5, is amended to read:
Subd. 5. The commission shall represent the legislature
and assist state agencies in making arrangements for the
accommodation and appropriate recognition of individuals or
groups visiting Minnesota as direct or indirect representatives
of foreign governments, other states, or any of the subdivisions
or agencies of foreign governments or other states; and provide
other services determined by the commission. The commission may
make grants, employ staff and obtain office space, equipment,
and supplies necessary to perform the designated duties.
Sec. 62. Minnesota Statutes 1986, section 3.85,
subdivision 12, is amended to read:
Subd. 12. [VALUATIONS AND REPORTS TO LEGISLATURE.] (a) The
commission shall contract with an established actuarial
consulting firm to conduct annual valuations and financial
adequacy studies for the funds specified in (b). The contract
shall also include provisions for performing cost analyses of
proposals for changes in benefit and funding policies.
(b) The plans which shall be included in the contract for
valuation and analysis are:
(1) the Statewide Teachers Retirement Association;
(2) the General Plan, Minnesota State Retirement System;
(3) the Correctional Plan, Minnesota State Retirement
System;
(4) the State Patrol Plan, Minnesota State Retirement
System;
(5) the Judges Plan, Minnesota State Retirement System;
(6) the Minneapolis Employees Retirement Fund;
(7) the General Plan, Public Employees Retirement
Association;
(8) the Police and Fire Plan, Public Employees Retirement
Association;
(9) the Duluth Teachers Retirement Association;
(10) the Minneapolis Teachers Retirement Association;
(11) the St. Paul Teachers Retirement Association; and
(12) the Legislator's Retirement Plan; and
(13) the Elective State Officers Retirement Plan.
(c) The contract shall include the following:
(1) Every year beginning in fiscal year 1986, the contract
shall specify completion of standard valuations for the
preceding fiscal year with contents as described in section
356.215, subdivisions 4 to 4k; and cash flow forecasts through
the amortization target date. For funds using a calendar year
valuation period the first valuation shall be for the period
ending December 31, 1985.
(2) Every four years, beginning in fiscal year 1988, the
contract shall specify completion of an experience study for the
four-year period ending June 30 of the preceding fiscal year.
The experience study shall evaluate the appropriateness of
continuing to use for future valuations the assumptions relating
to: individual salary progression; rate of return on
investments; payroll growth; mortality; withdrawal; disability;
retirement; and any other experience-related factor that could
impact the future financial condition of the retirement funds.
(d) The commission shall annually prepare a report to the
legislature summarizing the results of the valuations and cash
flow projections and shall include with its report
recommendations concerning the appropriateness of the support
rates to achieve proper funding of the retirement funds by the
required funding dates. It shall also, within two months of the
completion of the quadrennial experience studies, prepare a
report to the legislature on the appropriateness of the
valuation assumptions listed in paragraph (c), clause (2).
(e) The commission shall assess the retirement plans
specified in paragraph (b) other than clauses (12) and (13) the
cost of their actuarial valuations and of their experience
studies. The assessment shall be that part of the amount of
contract compensation with the actuarial consulting firm
retained by the commission specified for these functions that
bears the same relationship that the total active, deferred,
inactive, and benefit recipient membership of the retirement
plan bears to the total action, deferred, inactive, and benefit
recipient membership of all retirement plans specified in
paragraph (b). The assessment shall be made upon the completion
of the actuarial valuations and the experience studies. The
amount of the assessment is appropriated from the retirement
fund applicable to the retirement plan. Receipts from
assessments shall be deposited in the state treasury and
credited to the general fund.
Sec. 63. [3.885] [LEGISLATIVE COMMITTEE ON PLANNING AND
FISCAL POLICY.]
Subdivision 1. [MEMBERSHIP.] The legislative committee on
planning and fiscal policy consists of 18 members of the senate
and the house of representatives appointed by the legislative
coordinating commission. Vacancies on the committee are filled
in the same manner as original appointments. The committee
shall elect a chair and a vice-chair from among its members.
The chair alternates between a member of the senate and a member
of the house in January of each odd-numbered year.
Subd. 2. [COMPENSATION.] Members of the committee are
compensated in the manner provided by section 3.101.
Subd. 3. [STAFF.] The committee may hire staff necessary
to carry out its duties and may also use other legislative
staff. The legislative coordinating commission shall provide
office space and administrative support to the committee. The
commissioners of finance and revenue shall supply the committee
with information upon request of the chair. The state planning
agency shall report to the committee, and the committee may make
recommendations to the state planning agency.
Subd. 4. [DUTIES.] The committee shall study and evaluate
the actual and projected expenditures by state government, the
actual and projected sources of revenue that support these
expenditures, and the various options available to meet the
state's future fiscal needs. In performing this duty the
committee shall consider, among other things:
(1) the relative dependence on state tax revenues, federal
funds, and user fees to support state-funded programs, and
whether the existing mix of revenue sources is appropriate,
given the purposes of the programs;
(2) the relative percentages of state expenditures that are
devoted to major programs such as education, assistance to local
government, aid to individuals, state agencies and institutions,
and debt service; and
(3) the role of the legislature in overseeing state
government expenditures, including legislative appropriation of
money from the general fund, legislative appropriation of money
from funds other than the general fund, state agency receipt of
money into revolving and other dedicated funds and expenditure
of money from these funds, and state agency expenditure of
federal funds.
As necessary, the committee shall recommend to the
legislature changes in the mix of revenue sources for programs,
in the percentage of state expenditures devoted to major
programs, and in the role of the legislature in overseeing state
government expenditures. The committee may also make
recommendations for changes in the design or continuing
operation of programs. The committee's recommendations must
consider the long-term needs of the state. The recommendations
must not duplicate work done by standing committees of the
senate and house of representatives.
The committee shall report to the legislature on its
activities and recommendations by January 15 of each
odd-numbered year.
Sec. 64. Minnesota Statutes 1986, section 3C.035,
subdivision 1, is amended to read:
Subdivision 1. [DEADLINES.] A department or agency
intending to urge the legislature to adopt a bill shall deliver
the drafting request for the bill to the revisor of statutes
by December November 1 before the regular session of the
legislature at which adoption will be urged. A commissioner or
agency head, however, may deliver a drafting request later by
certifying to the revisor, with supporting facts, that the
request is an emergency, relates to a matter that could not
reasonably have been foreseen before December November 1, or for
which there is other reasonable justification for delay. The
completed bill draft, in a form ready for introduction, must be
delivered by the revisor to a senator or representative as
directed by the department or agency. If the draft was
requested after December November 1, it must be accompanied by a
copy of the commissioner's certification to the revisor.
Sec. 65. Minnesota Statutes 1986, section 3C.035,
subdivision 2, is amended to read:
Subd. 2. [COSTS.] Agencies shall include in their budgets
amounts to pay for bill drafting services provided by the
revisor of statutes. The revisor shall assess agencies for the
actual cost of bill drafting services rendered to them on
requests delivered to the revisor by December November 1. The
revisor shall assess agencies for 120 percent of double the
actual cost of bill drafting services rendered to them on
requests delivered to the revisor after December November 1.
The revisor shall also assess an agency for the actual cost
or 120 percent of double the actual cost, as appropriate, for
drafting a request that a senator or representative submits to
the revisor's office on behalf of the agency. The revisor may
not assess a department or agency for the costs related to
drafting affecting an agency if the request for drafting
originated from within the legislature. Receipts from the
assessment must be deposited in the state treasury and credited
to the revisor's account.
Sec. 66. Minnesota Statutes 1986, section 3C.11,
subdivision 2, is amended to read:
Subd. 2. [PAMPHLETS.] The revisor's office shall compose,
print, and deliver pamphlets containing parts of Minnesota
Statutes, parts of Minnesota Rules, or combinations of parts of
the statutes and rules as may be necessary for the use of public
officers and departments. The revisor's office shall use a
standard form for the pamphlets. The cost of composition,
printing, and delivery of the pamphlets, together with a
reasonable fee for the revisor's services, is to be borne by the
office or department requesting them. The printing must be
limited to actual needs as shown by experience or other
competent proof. Revenue from the revisor's fee must be
deposited in the revisor's account.
Sec. 67. Minnesota Statutes 1986, section 3C.12,
subdivision 7, is amended to read:
Subd. 7. [SALE PRICE.] The revisor shall fix the a
reasonable sale price of an edition of Minnesota Statutes,
supplement to Minnesota Statutes, or edition of Laws of
Minnesota according to the limits of this subdivision. The sale
price for a newly published edition of Minnesota Statutes is the
actual cost of composition, printing, binding, and distribution
of all books ordered, but not less than $75. The sale prices of
each newly published edition of the Laws of Minnesota and
supplement to Minnesota Statutes are not less than the actual
cost of composition, printing, binding, and distribution of all
books ordered, but not less than $10. Revenue from the sale of
the Minnesota Statutes, supplements to Minnesota Statutes, and
Laws of Minnesota must be deposited in the revisor's account.
Sec. 68. [5.14] [TRANSACTION SURCHARGE.]
The secretary of state may impose a surcharge of $5 on each
transaction involving over-the-counter expedited service, other
than simple copying requests, that takes place at the office of
the secretary of state.
Sec. 69. Minnesota Statutes 1986, section 8.15, is amended
to read:
8.15 [ATTORNEY GENERAL COSTS.]
The attorney general in consultation with the commissioner
of finance shall assess executive branch agencies the cost of a
fee for legal services rendered to them. The assessment against
appropriations from other than the general fund must be the full
amount of the cost fee. The assessment against appropriations
supported by fees must be included in the fee calculation.
Unless appropriations are made for these fee supported costs, no
payment by the agency is required. The assessment against
appropriations from the general fund not supported by fees must
be one-fourth one-half of the cost fee. Receipts from
assessments must be deposited in the state treasury and credited
to the general fund.
Sec. 70. Minnesota Statutes 1986, section 14.08, is
amended to read:
14.08 [REVISOR OF STATUTE'S APPROVAL OF RULE FORM.]
(a) Two copies of a rule adopted pursuant to the provisions
of section 14.26 or 14.32 shall be submitted by the agency to
the attorney general. The attorney general shall send one copy
of the rule to the revisor on the same day as it is submitted by
the agency under section 14.26 or 14.32. Within five days after
receipt of the rule, excluding weekends and holidays, the
revisor shall either return the rule with a certificate of
approval of the form of the rule to the attorney general or
notify the attorney general and the agency that the form of the
rule will not be approved.
If the attorney general disapproves a rule, the agency may
modify it and the agency shall submit two copies of the modified
rule to the attorney general who shall send a copy to the
revisor for approval as to form as described in this paragraph.
(b) One copy of a rule adopted after a public hearing shall
be submitted by the agency to the revisor for approval of the
form of the rule. Within five working days after receipt of the
rule, the revisor shall either return the rule with a
certificate of approval to the agency or notify the agency that
the form of the rule will not be approved.
(c) If the revisor refuses to approve the form of the rule,
the revisor's notice shall revise the rule so it is in the
correct form.
(d) The attorney general and the revisor of statutes shall
assess an agency for the actual cost of processing rules under
this section. The agency shall pay the revisor's assessments
using the procedures of section 3C.056. The agency shall pay
the attorney general's assessments using the procedures of
section 8.15. Each agency shall include in its budget money to
pay the revisor's and the attorney general's assessments.
Receipts from the assessment must be deposited in the state
treasury and credited to the revisor's account or the general
fund as appropriate.
Sec. 71. Minnesota Statutes 1986, section 14.26, is
amended to read:
14.26 [ADOPTION OF PROPOSED RULE; SUBMISSION TO ATTORNEY
GENERAL.]
If no hearing is required, the agency shall submit to the
attorney general the proposed rule and notice as published, the
rule as proposed for adoption, any written comments received by
the agency, and a statement of need and reasonableness for the
rule. The agency shall give notice to all persons who requested
to be informed that these materials have been submitted to the
attorney general. This notice shall be given on the same day
that the record is submitted. If the proposed rule has been
modified, the notice shall state that fact, and shall state that
a free copy of the proposed rule, as modified, is available upon
request from the agency. The rule and these materials shall be
submitted to the attorney general within 180 days of the day
that the comment period for the rule is over or the rule is
automatically withdrawn. The agency shall report its failure to
adopt the rules and the reasons for that failure to the
legislative commission to review administrative rules, other
appropriate legislative committees, and the governor.
Even if the 180-day period expires while the attorney
general reviews the rule, if the attorney general rejects the
rule, the agency may resubmit it after taking corrective
action. The resubmission must occur within 30 days of when the
agency receives written notice of the disapproval. If the rule
is again disapproved, the rule is withdrawn. An agency may
resubmit at any time before the expiration of the 180-day
period. If the agency withholds some of the proposed rule, it
may not adopt the withheld portion without again following the
procedures of sections 14.14 to 14.28, or 14.29 to 14.36.
The attorney general shall approve or disapprove the rule
as to its legality and its form to the extent the form relates
to legality, including the issue of substantial change, and
determine whether the agency has the authority to adopt the rule
and whether the record demonstrates a rational basis for the
need for and reasonableness of the proposed rule within 14
days. If the rule is approved, the attorney general shall
promptly file two copies of it in the office of the secretary of
state. The secretary of state shall forward one copy of each
rule to the revisor of statutes. If the rule is disapproved,
the attorney general shall state in writing the reasons and make
recommendations to overcome the deficiencies, and the rule shall
not be filed in the office of the secretary of state, nor
published until the deficiencies have been overcome. The
attorney general shall send a statement of reasons for
disapproval of the rule to the agency, the chief administrative
law judge, the legislative commission to review administrative
rules, and to the revisor of statutes.
The attorney general shall assess an agency for the actual
cost of processing rules under this section. The agency shall
pay the attorney general's assessments using the procedures of
section 8.15. Each agency shall include in its budget money to
pay the attorney general's assessment. Receipts from the
assessment must be deposited in the state treasury and credited
to the general fund.
Sec. 72. Minnesota Statutes 1986, section 15A.081,
subdivision 1, is amended to read:
Subdivision 1. The governor shall set the salary rate
within the ranges listed below for positions specified in this
subdivision, upon approval of the legislative commission on
employee relations and the legislature as provided by section
43A.18, subdivisions 2 and 5:
Salary Range
Effective
July 1, 1983
1987
Commissioner of education; $57,500-$70,000
Commissioner of finance; $57,500-$78,500
Commissioner of finance education;
Commissioner of transportation;
Commissioner of human services;
Commissioner of revenue;
Executive director, state board of
investment;
Commissioner of administration; $50,000-$60,000 $67,500
Commissioner of agriculture;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of jobs and training;
Commissioner of employee relations;
Commissioner of energy and economic
development;
Commissioner of health;
Commissioner of labor and industry;
Commissioner of natural resources;
Commissioner of revenue;
Commissioner of public safety;
Chair, waste management board;
Chief administrative law judge; office of
administrative hearings;
Director, pollution control agency;
Director, state planning agency;
Executive director, housing finance
agency;
Executive director, public employees
retirement association;
Executive director, teacher's
retirement association;
Executive director, state retirement
system;
Chair, metropolitan council;
Chair, regional transit board;
Coordinator of full productivity and
opportunity;
Commissioner of human rights; $40,000-$52,500 $42,500-$60,000
Director, department of public service;
Commissioner of veterans' affairs;
Director, bureau of mediation services;
Commissioner, public utilities commission;
Member, transportation regulation board.
Sec. 73. Minnesota Statutes 1986, section 15A.081,
subdivision 7, is amended to read:
Subd. 7. [PART-TIME METROPOLITAN OFFICERS.] The governor
shall set the salary rate within the range set forth below for
the following part-time positions, upon approval of the
legislative commission on employee relations and the legislature
as provided by section 43A.18, subdivisions 2 and 5:
Effective
July 1, 1985
1987
Chair, metropolitan airports
commission $15,000-$25,000
Chair, metropolitan waste control
commission $25,000-$35,000
Fringe benefits for unclassified employees of the
metropolitan waste control commission shall not exceed those
fringe benefits received by unclassified employees of the
metropolitan council.
Sec. 74. Minnesota Statutes 1986, section 15A.081,
subdivision 7b, is amended to read:
Subd. 7b. [HIGHER EDUCATION OFFICERS.] The state
university board, the state board for community colleges, the
state board of vocational technical education, and the higher
education coordinating board shall set the salary rates for,
respectively, the chancellor of the state universities, the
chancellor of the community colleges, the state director of
vocational technical education, and the executive director of
the higher education coordinating board. At least 30 days
before the respective board adopts a salary increase according
to this subdivision, the board shall submit the proposed salary
increase to the legislative commission on employee relations for
its review approval, modification, or rejection in the manner
provided in section 43A.18, subdivision 2. Salary rates for the
positions specified in this subdivision may not exceed 95
percent of the salary set for the governor under subdivision 6.
Sec. 75. Minnesota Statutes 1986, section 15A.083,
subdivision 4, is amended to read:
Subd. 4. [RANGES FOR OTHER JUDICIAL POSITIONS.] Salaries
or salary ranges are provided for the following positions in the
judicial branch of government. The appointing authority of any
position for which a salary range has been provided shall fix
the individual salary within the prescribed range, considering
the qualifications and overall performance of the employee. The
supreme court shall set the salary of the state court
administrator and the salaries of district court
administrators. The salary of the state court administrator or
a district court administrator may not exceed the salary of a
district court judge. If district court administrators die, the
amounts of their unpaid salaries for the months in which their
deaths occur must be paid to their estates. The salaries of the
district administrators of the second, fourth, and sixth
judicial districts may be supplemented by the appropriate county
board in an amount not to exceed $10,000 per year. The salary
supplement may be made effective only until January 1, 1988.
The salary of the state public defender shall be 95 percent of
the salary of the attorney general.
Salary or Range
Effective
July 1,
1983
1987
Board on judicial
standards
executive director 32,000-44,000 $34,000-$48,000
Sec. 76. Minnesota Statutes 1986, section 16A.127,
subdivision 8, is amended to read:
Subd. 8. [EXEMPTION.] This section does not apply to the
community college system, state universities, or the state board
of vocational technical education. Except for federal funds,
this section does not apply to the department of natural
resources for agency indirect costs.
Sec. 77. [16A.284] [APPROPRIATIONS TO CONSTITUTIONAL
OFFICERS.]
If an appropriation for a constitutional officer for either
fiscal year of a biennium is insufficient, the appropriation for
the other fiscal year of the biennium is available for it.
Sec. 78. Minnesota Statutes 1986, section 16A.85, is
amended by adding a subdivision to read:
Subd. 6. [BUDGET OFFSET.] The commissioner of finance
shall reduce the operating budgets of state agencies that use
the master lease program. The amount of the reduction is the
difference between the budgeted purchase price of the equipment
and the actual master lease payments.
Sec. 79. Minnesota Statutes 1986, section 16B.20,
subdivision 2, is amended to read:
Subd. 2. [ADVISORY COUNCIL.] A small business procurement
advisory council is created. The council consists of 13 members
appointed by the commissioner of administration. A chair of the
advisory council shall be elected from among the members. The
appointments are subject to the appointments program provided by
section 15.0597. The terms and removal of members are as
provided in section 15.059, but members do not receive per
diem or expenses.
Sec. 80. Minnesota Statutes 1986, section 16B.41, is
amended to read:
16B.41 [STATE INFORMATION SYSTEMS ADVISORY TASK FORCE
MANAGEMENT OFFICE.]
The commissioner may appoint a state information systems
advisory task force to help the department develop and
coordinate a state information services master plan and make
recommendations to the commissioner concerning the progress,
direction, and needs of the state's computerization effort. The
task force expires and the terms, compensation, and removal of
members are as provided in section 15.059.
Subdivision 1. [ESTABLISHMENT AND PURPOSE.] An office of
information systems management is created. The office shall
develop and establish a policy and standards for state agencies
to follow for the development, purchase, and training for
information systems. The purpose of the office is to develop,
promote, and coordinate a state technology, architecture,
standards and guidelines, information needs analysis techniques,
contracts for the purchase of equipment and services, and
training of state agency personnel on these issues.
Subd. 2. [RESPONSIBILITIES.] The office has the following
duties:
(a) The office must develop and establish a state
information architecture to ensure that further state agency
development and purchase of information systems equipment and
software is directed in such a manner that individual agency
information systems complement and do not needlessly duplicate
or needlessly conflict with the systems of other agencies. The
development of this information architecture must include the
establishment of standards and guidelines to be followed by
state agencies. The commissioner of administration must
establish interim standards and guidelines by August 1, 1987.
The office must establish permanent standards and guidelines by
July 1, 1988. On January 1, 1988, and every six months
thereafter, any state agency that has purchased information
systems equipment or software in the past six months, or that is
contemplating purchasing this equipment or software in the next
six months, must report to the office and to the chairs of the
house appropriations committee and the senate finance committee
on how the purchases or proposed purchases comply with the
applicable standards and guidelines.
(b) The office shall assist state agencies in the planning
and management of information systems so that an individual
information system reflects and supports the state agency's and
the state's mission, requirements, and functions.
(c) Beginning July 1, 1988, the office must review and
approve all agency requests for legislative appropriations for
the development or purchase of information systems equipment or
software. Requests may not be included in the governor's budget
submitted to the legislature, beginning with the budget
submitted in January 1989, unless the office has approved the
request.
(d) Each biennium the office must rank in order of priority
agency requests for new appropriations for development or
purchase of information systems equipment or software. The
office must submit this ranking to the legislature at the same
time, or no later than 14 days after, the governor submits the
budget message to the legislature.
(e) Beginning July 1, 1989, the office must define, review,
and approve major purchases of information systems equipment to
(1) ensure that the equipment follows the standards and
guidelines of the state information architecture; (2) ensure
that the equipment is consistent with the information management
principles adopted by the information policy council; (3)
evaluate whether or not the agency's proposed purchase reflects
a cost-effective policy regarding volume purchasing; and (4)
ensure the equipment is consistent with other systems in other
state agencies so that data can be shared among agencies, unless
the office determines that the agency purchasing the equipment
has special needs justifying the inconsistency. The
commissioner of finance may not allot funds appropriated for
major purchases of information systems equipment until the
office reviews and approves the proposed purchase.
(f) The office shall review the operation of information
systems by state agencies and provide advice and assistance so
that these systems are operated efficiently and continually meet
the standards and guidelines established by the office.
Subd. 3. The office shall function as a division of the
department of administration. The commissioner of
administration shall appoint an interim office director and
other interim staff and provide the necessary administrative
support to the office. The employees and director shall serve
in the unclassified service through June 30, 1988. On July 1,
1988, the employee positions established by this section, except
the position of director, shall be placed in the classified
service. The position of director shall remain in the
unclassified service.
Subd. 4. [ADVISORY TASK FORCE.] The commissioner may must
appoint a state information systems advisory task force to help
the department develop and coordinate a state
information services master plan architecture that is consistent
with the information management direction developed by the
information policy council, and make recommendations to the
commissioner concerning the progress, direction, and needs of
the state's computerization effort information systems. The
task force must include representatives of state agencies, the
supreme court, higher education systems, librarians, and private
industry. The task force must also have two members of the
house of representatives appointed by the speaker of the house
and two members of the senate appointed by the senate committee
on committees. No more than one member from the house of
representatives and one from the senate shall be chosen from the
same political party. The task force expires and the terms,
compensation, and removal of nonlegislative members are as
provided in section 15.059.
Sec. 81. Minnesota Statutes 1986, section 16B.42,
subdivision 4, is amended to read:
Subd. 4. [FUNDING.] Appropriations and other funds made
available to the council for staff, operational expenses, and
grants must be administered through the department of
administration. Fees charged to local units of government for
the administrative costs of the council and revenues derived
from royalties, reimbursements, or other fees from software
programs, systems, or technical services arising out of
activities funded by current or prior state appropriations must
be credited to an account in the special revenue fund and are
appropriated to the council for the purposes enumerated in
subdivision 2. General fund appropriations for the council may
also be credited by the commissioner of administration to the
account in the special revenue fund. The unencumbered balance
of an appropriation for grants in the first year of a biennium
does not cancel but is available for the second year of the
biennium.
Sec. 82. Minnesota Statutes 1986, section 18.171,
subdivision 1, is amended to read:
Subdivision 1. [TERMS.] For the purposes of sections
18.181 to 18.271 and 18.281 to 18.311 18.315 the terms defined
in subdivisions 2 to 7 and section 3, have the meanings given to
them.
Sec. 83. Minnesota Statutes 1986, section 18.171,
subdivision 5, is amended to read:
Subd. 5. [NOXIOUS WEEDS.] "Noxious weeds" means the
annual, biennial, and perennial plants which are deemed by the
commissioner, by commissioner's order, to be injurious to public
health, public roads, crops, livestock and other property. The
commissioner's orders under this subdivision are not subject to
chapter 14.
Sec. 84. Minnesota Statutes 1986, section 18.171, is
amended by adding a subdivision to read:
Subd. 8. [LAND.] "Land" includes wetlands and public
waters.
Sec. 85. [18.182] [PENALTY FOR SALE OF PURPLE
LOOSESTRIFE.]
A person who sells purple loosestrife, lythrum salicaria,
is guilty of a misdemeanor.
Sec. 86. Minnesota Statutes 1986, section 18.241,
subdivision 2, is amended to read:
Subd. 2. [RULES REGARDING TRANSPORTATION.] Except as
provided in section 21.74, when any person desires to transport
along a public highway materials containing seeds or other
propagating parts of leafy spurge, horse nettle, Austrian field
cress, field bindweed, perennial pepper grass, wild radish, sow
thistle, Canada thistle, hoary alyssum, purple loosestrife, or
any other noxious weed designated by the commissioner, the
person shall secure from a local or state weed inspector, or
county agricultural inspector, a written permit for the
transportation of such material. All duly constituted weed
inspectors may issue such permits to persons residing or
operating within their respective weed jurisdictions to regulate
the transportation of such material and to require proper
treatment, cleaning, sterilization or destruction of any such
material which has been or is about to be transported or
deposited to prevent the growing or scattering of any weed seeds
or other propagating parts contained therein. Copies of all
permits issued under this section shall be immediately sent to
the commissioner.
Except as provided in section 21.74, no grain seed,
screenings, hay forage, straw, soil, gravel, sand, or refuse and
other materials containing seeds and other propagating parts of
leafy spurge, horse nettle, Austrian field cress, field
bindweed, perennial pepper grass, wild radish, sow thistle,
Canada thistle, hoary alyssum, purple loosestrife, or any other
noxious weeds designated by the commissioner shall be
transported upon any public highway unless it be in sacks,
bales, boxes or other containers sufficiently tight and closed
or covered with canvas or otherwise to prevent seeds and other
propagating parts of such weeds from blowing or scattering along
the highway or on other lands or water.
Scattering and dumping on land or in water of grain, seed,
and screenings containing seeds and other propagating parts of
noxious weeds in excess of legal limits of weed seeds per pound
in agricultural seed, and of soil, gravel, rubbish, trash, and
other materials containing seeds or other propagating parts of
noxious weeds in harmful amounts as determined by rule of the
commissioner is prohibited unless such material is processed,
treated, or buried sufficiently deep to destroy viable seeds and
other propagating parts which they contain down to the limits
provided by this section.
Sec. 87. Minnesota Statutes 1986, section 18.291, is
amended to read:
18.291 [COMMISSIONER MAY QUARANTINE AND DESTROY WEEDS.]
When from investigation or otherwise, it appears to the
commissioner that upon any tract of agricultural land there is
an infestation of noxious weeds beyond the ability of the land
occupant or owner to eradicate, upon request of the owner, or
upon the commissioner's own motion, the commissioner shall take
such steps as are necessary to prevent further spread of such
weed growths. To this end, the commissioner shall quarantine
such portion of each tract of land as may be so infested and put
into immediate operation the necessary means for the eradication
of such weed growths.
Sec. 88. Minnesota Statutes 1986, section 18.311, is
amended to read:
18.311 [EXPENSES.]
The expenses of field operations, including cost of
chemicals and other materials employed in weed eradication,
except machinery and other equipment, shall be paid from the
fund provided for this purpose. This fund shall be reimbursed
not later than January first, of each year, 20 percent thereof
by the county and, ten percent thereof by the town in which the
land so quarantined and improved is situated, and ten percent
thereof by the landowner involved.
When the infestations of noxious weeds, against which the
activities of the commissioner are directed, are found located
on the sides of public highways, the expenses of eradication
shall be paid, 50 percent by the state from the fund provided
for this purpose, 50 percent from the funds provided for the
maintenance of the state highway department, if the infestation
is on a state highway, 50 percent by the county, if the
infestation is on a county or state aid road, and 50 percent by
the town, if the infestation is on a town road or cartway.
When infestations of noxious weeds, against which the
activities of the commissioner are directed, are found located
within the corporate limits of a municipality or on property
used by a municipality, the expense of the eradication of such
weeds shall be paid as follows: 50 percent thereof by the state
from the funds provided for this purpose and 50 percent by the
municipality from its general revenue fund.
Sec. 89. [43A.316] [PUBLIC EMPLOYEES INSURANCE PLAN.]
Subdivision 1. [INTENT.] The legislature finds that the
creation of a statewide plan to provide public employees and
other eligible persons with life insurance and hospital,
medical, and dental benefit coverage through provider
organizations would result in a greater utilization of
government resources and would advance the health and welfare of
the citizens of the state.
Subd. 2. [DEFINITIONS.] For the purpose of this section,
the terms defined in this subdivision have the meaning given
them.
(a) [COMMISSIONER.] "Commissioner" means the commissioner
of employee relations.
(b) [EMPLOYEE.] "Employee" means (1) a person who is a
public employee within the definition of section 179A.03,
subdivision 14, and is employed by an eligible employer or (2) a
person employed by a labor organization or employee association
certified as an exclusive representative of employees of an
eligible employer or by another public employer approved by the
commissioner.
(c) [ELIGIBLE EMPLOYER.] "Eligible employer" means
(1) a public employer within the definition of section
179A.03, subdivision 15, that is a town, county, city, school
district as defined in section 120.02, educational cooperative
service unit as defined in section 123.58, intermediate district
as defined in section 136C.02, subdivision 7, cooperative center
for vocational education as defined in section 123.351, regional
management information center as defined in section 121.935, or
an education unit organized under the joint powers action,
section 471.59; or
(2) an exclusive representative of employees, as defined in
paragraph (b); or
(3) another public employer approved by the commissioner.
(d) [EXCLUSIVE REPRESENTATIVE.] "Exclusive representative"
means an exclusive representative as defined in section 179A.03,
subdivision 8.
(e) [LABOR-MANAGEMENT COMMITTEE.] "Labor-management
committee" means the committee established by subdivision 4.
(f) [PLAN.] "Plan" means the statewide public employees
insurance plan created by subdivision 3.
Subd. 3. [PUBLIC EMPLOYEE INSURANCE PLAN.] There is
created the "public employee insurance plan." The commissioner
shall be the administrator of the plan. The commissioner shall
model the plan after the plan established in section 43A.18,
subdivision 2, but may modify that plan, in consultation with
the labor management committee.
Subd. 4. [LABOR-MANAGEMENT COMMITTEE.] There is created a
labor-management committee of ten members appointed by the
commissioner. The labor-management committee shall consist of
five members who represent employees, including at least one
retired employee, and five members who represent eligible
employers. The commissioner shall consult with the
labor-management committee in major decisions that affect the
plan. The committee shall study issues relating to the
insurance plan including, but not limited to, flexible benefits,
utilization review, quality assessment, and cost efficiency.
Subd. 5. [PUBLIC EMPLOYEE PARTICIPATION.] Participation in
the plan is subject to the conditions in this subdivision.
(a) Each exclusive representative for an eligible employer
determines whether the employees it represents shall participate
in the plan. The exclusive representative must give the
employer notice of intent to participate at least 90 days before
the expiration date of the collective bargaining agreement
preceding the collective bargaining agreement that covers the
date of entry into the plan. The exclusive representative and
the eligible employer shall give notice to the commissioner of
the determination to participate in the plan at least 90 days
prior to entry into the plan. Entry into the plan shall be
according to a schedule established by the commissioner.
(b) Employees not represented by exclusive representatives
may become members of the plan upon a determination of an
eligible employer to include these employees in the plan.
Either all or none of the employer's unrepresented employees
must participate. The eligible employer shall give at least 90
days' notice to the commissioner prior to entering the plan.
Entry into the plan shall be according to a schedule established
by the commissioner.
(c) Participation in the plan shall be for a three-year
term if coverage begins in an even-numbered year and a four-year
term if coverage begins in an odd-numbered year. Participation
is automatically renewed for an additional four-year term unless
the exclusive representative, or the employer for unrepresented
employees, gives the commissioner notice of withdrawal at least
90 days prior to expiration of the participation period. A
group that withdraws must wait two years before rejoining. An
exclusive representative, or employer for unrepresented
employees, may also withdraw if premiums increase 50 percent or
more from one insurance year to the next.
(d) The exclusive representative shall give the employer
notice of intent to withdraw to the commissioner at least 90
days before the expiration date of a collective bargaining
agreement that includes the date on which the term of
participation expires.
(e) Each participating eligible employer shall notify the
commissioner of names of individuals who will be participating
within two weeks of the commissioner receiving notice of the
parties' intent to participate. The employer must also submit
other information as required by the commissioner for
administration of the plan.
Subd. 6. [COVERAGE.] By January 1, 1989, the commissioner
shall announce the benefits of the plan. The plan shall include
employee hospital, medical, dental, and life insurance for
employees and hospital and medical benefits for dependents.
Health maintenance organization options and other delivery
system options shall be provided if they are available, cost
effective, and capable of servicing the number of people covered
in the plan. Participation in optional coverages may be
provided by collective bargaining agreements. For employees not
represented by an exclusive representative, the employer may
offer the optional coverages to eligible employees and their
dependents provided in the plan.
Subd. 7. [PREMIUMS.] The proportion of premium paid by the
employer and employee is subject to collective bargaining. If,
at the beginning of the coverage period, no collective
bargaining agreement has been finalized, the increased dollar
costs, if any, from the previous year is the sole responsibility
of the individual participant until a collective bargaining
agreement states otherwise. Premiums, including an
administration fee, shall be established by the commissioner.
Each eligible employer shall pay monthly the amounts due for
employee benefits including the amounts under subdivision 8 to
the commissioner on or before the dates established by the
commissioner. Failure to pay may result in cancellation of the
benefits.
Subd. 8. [CONTINUATION OF COVERAGE.] (a) A participating
employee who is laid off or is on unrequested leave may elect to
continue the plan coverage. This coverage is at the expense of
the employee unless otherwise provided by a collective
bargaining agreement. Premiums for these employees shall be
established by the commissioner. Coverage continues until one
of the following occurs:
(1) the employee is reemployed and eligible for health care
coverage under a group policy; or
(2) the insurance continuation periods required by state
and federal laws expire.
(b) A participating employee who retires and is receiving
an annuity or is eligible for and has applied for an annuity
under chapter 352, 352B, 352C, 352D, 353, 354, 354A, 356, 422A,
423, 423A, 424, or 490 is eligible to continue participation in
the plan. Any employer's contribution must cease when the
retiree reaches age 65. These employees, and employees who have
already retired prior to the group from which they retired
entering the plan, are eligible to participate as long as their
group continues to participate. This participation is at the
retiree's expense unless a collective bargaining agreement
provides otherwise. An employer shall notify an employee of
this option no later than the effective date of retirement. The
retired employee shall notify the employer within 30 days of the
effective date of retirement of intent to exercise this option.
The spouse of a deceased retired employee may purchase the
benefits provided at premiums established by the commissioner if
the deceased retired employee received an annuity under chapter
352, 353, 354, 354A, 356, 422A, 423, 423A, or 424 and if the
spouse was a dependent under the retired employee's coverage
under this section at the time of the death of the retired
employee. Coverage under this clause shall be coordinated with
relevant insurance benefits provided through the federally
sponsored Medicare program.
(c) The plan benefits shall continue in the event of strike
permitted by section 179A.18, if the exclusive representative
chooses to have coverage continue and the employee pays the
total monthly premiums when due.
(d) A person who desires to participate under paragraphs
(a) to (c) shall notify the eligible employer or former employer
of intent to participate according to rules established by the
commissioner. The eligible employer shall notify the
commissioner, and coverage shall begin as soon as the
commissioner permits.
Persons participating under these paragraphs shall make
appropriate premium payments in the time and manner established
by the commissioner.
Subd. 9. [INSURANCE TRUST FUND.] An insurance trust fund
is established in the state treasury. The deposits consist of
the premiums received from employers participating in the plan.
All money in the fund is appropriated to the commissioner to pay
insurance premiums, approved claims, refunds, administrative
costs, and other related service costs. The commissioner shall
reserve an amount of money to cover the estimated costs of
claims incurred but unpaid. The state board of investment shall
invest the money according to section 11A.24. Investment income
and losses attributable to the fund shall be credited to the
fund.
Sec. 90. Minnesota Statutes 1986, section 69.021,
subdivision 5, is amended to read:
Subd. 5. [CALCULATION OF STATE AID.] The amount of state
aid available for apportionment shall be two percent of the
fire, lightning, sprinkler leakage and extended coverage
premiums reported to the commissioner by insurers on the
Minnesota Firetown Premium Report and two percent of the
premiums reported to the commissioner by insurers on the
Minnesota Aid to Police Premium Report. The amount for
apportionment in respect to firefighter's state aid shall not be
greater or lesser than the amount of premium taxes paid to the
state upon the premiums reported to the commissioner by insurers
on the Minnesota Firetown Premium Report after subtracting the
amount required to pay the state auditor's costs and expenses of
the audits or exams of the firefighters relief associations.
The total amount for apportionment in respect to police state
aid shall not be greater or lesser than the amount of premium
taxes paid to the state upon the premiums reported to the
commissioner by insurers on the Minnesota Aid to Police Premium
Report after subtracting the amount required to pay the state
auditor's costs and expenses of the audits or exams of the
police relief associations. The amount for apportionment in
respect to police state aid shall be distributed to the
municipalities maintaining police departments and to the county
on the basis of the number of active peace officers, as
certified pursuant to section 69.011, subdivision 2, clause
(b). The commissioner shall calculate the percentage of
increase or decrease reflected in the apportionment over or
under the previous year's available state aid using the same
premiums as a basis for comparison.
Sec. 91. Minnesota Statutes 1986, section 84.01,
subdivision 3, is amended to read:
Subd. 3. Subject to the provisions of Laws 1969, chapter
1129, and to other applicable laws the commissioner shall
organize the department and employ two three assistant
commissioners, both each of whom shall serve at the pleasure of
the commissioner in the unclassified service, one of whom shall
have responsibility for coordinating and directing the planning
of every division within the agency, and such other officers,
employees, and agents as the commissioner may deem necessary to
discharge the functions of the department, define the duties of
such officers, employees, and agents and to delegate to them any
of the commissioner's powers, duties, and responsibilities
subject to the control of, and under the conditions prescribed
by, the commissioner. Appointments to exercise delegated power
shall be by written order filed with the secretary of state.
Sec. 92. Minnesota Statutes 1986, section 84.0272, is
amended to read:
84.0272 [PROCEDURE IN ACQUIRING LANDS.]
When the commissioner of natural resources is authorized to
acquire lands or interests in lands the procedure set forth in
this section shall apply. The commissioner of natural resources
shall first prepare a fact sheet showing the lands to be
acquired, the legal authority for their acquisition, and the
qualities of the land that make it a desirable acquisition. The
commissioner of natural resources shall cause the lands to be
appraised. An appraiser shall before entering upon the duties
of office take and subscribe an oath to faithfully and
impartially discharge the duties as appraiser according to the
best of the appraiser's ability and that the appraiser is not
interested directly or indirectly in any of the lands to be
appraised or the timber or improvements thereon or in the sale
thereof and has entered into no agreement or combination to
purchase the same or any part thereof, which oath shall be
attached to the report of the appraisal. The commissioner of
natural resources shall not agree to pay more than ten percent
above the appraised value. New appraisals may be made at the
discretion of the commissioner of natural resources.
Sec. 93. [84.0855] [SPECIAL RECEIPTS; APPROPRIATION.]
Money received by the commissioner of natural resources as
fees for seminars or workshops, for the sale of publications,
maps, or to buy supplies for the use of volunteers, may be
credited to one or more special accounts in the state treasury
and is appropriated to the commissioner for the purposes for
which the money was received.
Sec. 94. [84.0856] [FLEET MANAGEMENT ACCOUNT.]
The commissioner of natural resources may bill
organizational units within the department of natural resources
for the costs of providing them with equipment. Costs billed
may include acquisition, licensing, insurance, maintenance,
repair, and other direct costs as determined by the
commissioner. Receipts and interest earned on the receipts
shall be credited to a special account in the state treasury and
are appropriated to the commissioner to pay the costs for which
the billings were made.
Sec. 95. [TRANSFER OF TRANSACTIONS.]
All transactions related to the equipment purchased by the
commissioner of natural resources under the installment plan for
fiscal year 1987 may be transferred to the fleet management
account.
Sec. 96. Minnesota Statutes 1986, section 84.091,
subdivision 3, is amended to read:
Subd. 3. [LICENSE FEES.] (a) The fees for the following
licenses, to be issued to residents only, are:
(1) for harvesting wild rice, $10 $12.50;
(2) for buying and selling wild ginseng, $5;
(3) for a wild rice dealer's license to buy and sell 50,000
pounds or less, $70; and
(4) for a wild rice dealer's license to buy and sell more
than 50,000 pounds, $250.
(b) The weight of the wild rice shall be determined in its
raw state.
Sec. 97. Minnesota Statutes 1986, section 84.83,
subdivision 3, is amended to read:
Subd. 3. [PURPOSES FOR THE ACCOUNT.] The money deposited
in the account and interest earned on that money may be expended
only as appropriated by law for the following purposes:
(1) For a grant-in-aid program to counties and
municipalities for construction and maintenance of snowmobile
trails;
(2) For acquisition, development and maintenance of state
recreational snowmobile trails;
(3) For snowmobile safety programs; and
(4) For the administration and enforcement of sections
84.81 to 84.90.
Sec. 98. [84.961] [PRAIRIE LAND MANAGEMENT.]
Subdivision 1. [NATIVE PRAIRIE VALUES.] The commissioner
of natural resources must recognize the value of native prairie
land by taking into consideration the wildlife, scientific,
erosion control, educational, and recreational benefits of
native prairie.
Subd. 2. [PLANNING.] The commissioner must plan for
management, development, and restoration of:
(1) prairie land under the commissioner's jurisdiction; and
(2) prairie landscape reserves, comprised of an integrated
network of protected prairie lands, prairie restoration sites,
and private prairie lands.
Subd. 3. [PRAIRIE LANDSCAPE RESERVES.] The commissioner
must develop and manage permanent prairie landscape reserves to
maintain the native plant and animal populations, landscape
features, and habitat types that are characteristic of intact
native prairie ecosystems. Management practices may include
haying and grazing.
Subd. 4. [PRAIRIE BIOLOGIST.] The position of prairie
biologist is established in the department of natural resources
to plan, develop, and manage native prairie reserves and prairie
land under this section. The prairie biologist shall be located
within the central part of the prairie region and be under the
supervision of the scientific and natural areas program.
Sec. 99. [84.963] [PRAIRIE PLANT SEED PRODUCTION AREAS.]
The commissioner of natural resources shall study the
feasibility of establishing private or public prairie plant seed
production areas within prairie land locations. If prairie
plant seed production is feasible, the commissioner may aid the
establishment of production areas. The commissioner may enter
cost-share or sharecrop agreements with landowners having
easements for conservation purposes of ten or more years on
their land to commercially produce prairie plant seed of
Minnesota origin. The commissioner may only aid prairie plant
seed production areas on agricultural land used to produce crops
before December 23, 1985, and cropped three out of five years
between 1981 and 1985.
Sec. 100. Minnesota Statutes 1986, section 85.30, is
amended to read:
85.30 [STATE PARK MAINTENANCE FUND.]
Any balance remaining in the state park finance fund after
all the obligations and appropriations hereinbefore made payable
therefrom have been met shall be transferred to the state park
maintenance fund. Interest earned on money in the state park
maintenance fund accrues to the fund and is available for
expenditure upon appropriation.
Sec. 101. Minnesota Statutes 1986, section 85.41, is
amended to read:
85.41 [USER FEES.]
Subdivision 1. [ON PERSON.] While skiing on cross country
ski trails, a person between the ages of 16 and 64 years shall
carry in immediate possession a valid cross country ski
license pass. A landowner who grants an easement for a
grant-in-aid ski trail is not required to have a license pass
when skiing on the landowner's property.
Subd. 2. [LICENSE AGENTS.] County auditors are appointed
agents of the commissioner for the sale of annual cross country
ski licenses and daily permits passes. A county auditor may
appoint subagents within the county or within adjacent counties
to sell licenses and permits passes. Upon appointment the
auditor shall notify the commissioner of the name and address of
the subagent. The auditor may revoke the appointment of a
subagent at any time. Upon demand of the commissioner, the
auditor shall revoke a subagent's appointment. The auditor
shall furnish license and permit pass blanks on consignment to
any subagent who furnishes a surety bond in favor of the county
in an amount at least equal to the value of the blanks to be
consigned to that subagent. The county auditor shall be
responsible for all blanks issued to, and user fees received by
agents, except in St. Louis county or in a county where the
county auditor does not retain fees paid for license purposes.
In these counties, the responsibilities imposed upon the county
auditor are imposed upon the county. The commissioner may
promulgate additional rules pursuant to section 98.50 97A.485,
subdivision 2 11.
Any resident desiring to sell annual cross country ski
licenses and daily permits passes may either purchase for cash
or obtain on consignment license and permit pass blanks from a
county auditor in groups of not less than ten individual
blanks. In selling licenses passes, the resident shall be
deemed a subagent of the county auditor and the commissioner,
and shall observe all rules promulgated by the commissioner for
the accounting and handling of licenses pursuant to
section 98.50 97A.485, subdivision 10 11.
The county auditor shall promptly deposit all monies
received from the sale of licenses and permits passes with the
county treasurer, and shall promptly transmit any reports
required by the commissioner, plus 96 percent of the price to
each annual licensee pass holder, exclusive of the issuing fee,
for each annual license pass sold or consigned by the auditor
and subsequently sold to a licensee pass holder during the
accounting period. The county auditor shall retain as a
commission four percent of all annual license pass fees,
excluding the issuing fee for licenses passes consigned to
subagents and the issuing fee on passes sold by the auditor to
pass holders.
Unsold blanks in the hands of any subagent shall be
redeemed by the commissioner if presented for redemption within
the time prescribed by the commissioner. Any blanks not
presented for redemption within the period prescribed shall be
conclusively presumed to have been sold, and the subagent
possessing the same or to whom they are charged shall be
accountable.
Subd. 3. [EXEMPTIONS.] Participants in cross country ski
races and official school activities and residents of a state or
local government operated correctional facility are exempt from
the license pass requirement in subdivision 1 if a special use
permit has been obtained by the organizers of the event or those
in an official capacity in advance from the agency with
jurisdiction over the cross country ski trail. Permits shall
require that permit holders return the trail and any associated
facility to its original condition if any damage is done by the
permittee. Limited permits for special events may be issued and
shall require the removal of any trail markers, banners, and
other material used in connection with the special event.
Subd. 4. [FORM.] The department shall provide forms and
blanks to all agents authorized to issue licenses and daily
permits passes by the commissioner. The daily permit shall
attach to the skier's clothing to visibly identify the holder as
a licensed skier, and be easily transferable from garment to
garment by means of a device prescribed by the commissioner in
consultation with the advisory task force. The annual license
pass shall be with the skier and a sticker shall be placed on
the skier's ski poles to identify the holder as a licensed skier
available for inspection by any peace or conservation officer.
The license and permit pass shall include the applicant's name
and other information deemed necessary by the commissioner.
Subd. 5. [AGENT'S FEE.] The fee for an annual a cross
country ski license and a daily permit pass shall be increased
by the amount of an issuing fee of 50 cents per license pass.
The issuing fee may be retained by the seller of the license or
permit pass. A license or permit pass shall indicate the amount
of the fee that is retained by the seller. This subdivision
does not apply to any license or permit pass sold by the state.
Sec. 102. Minnesota Statutes 1986, section 85.42, is
amended to read:
85.42 [USER FEE.]
The fee for an annual cross country ski license pass is $5
for an individual license pass, or $7.50 for a combination
husband and wife license pass. The fee for a three-year pass is
$14 for an individual pass or $21 for a combination husband and
wife pass. This fee shall be collected at the time the license
pass is purchased. Three-year passes are valid for three years
beginning the previous July 1. Annual licenses passes are valid
from for one year beginning the previous July 1 through June 30
of the following year. Licenses Passes are not transferable.
The cost for a daily cross country skier permit pass is $1.
This fee shall be collected at the time the permit pass is
purchased. The daily permit pass is valid only for the date
designated on the permit pass form.
Sec. 103. Minnesota Statutes 1986, section 85.43, is
amended to read:
85.43 [DISPOSITION OF RECEIPTS; PURPOSE.]
Fees from cross country ski licenses and permits passes
shall be deposited in the state treasury and credited to a cross
country ski account and may be expended only as are appropriated
by law to the commissioner of natural resources for:
(a) grants-in-aid for cross country ski trails sponsored by
local units of government and special park districts as provided
in section 85.44; and
(b) maintenance, winter grooming, and associated
administrative costs for cross country ski trails under the
jurisdiction of the commissioner.
Sec. 104. Minnesota Statutes 1986, section 85.45, is
amended to read:
85.45 [PENALTY.]
No person may ski on a public cross country ski trail,
including a grant-in-aid cross country ski trail, without a
valid annual cross country ski license or daily permit pass.
Effective July 1, l984, any person who violates the provision of
this section is guilty of a petty misdemeanor. Any person who
violates the provisions of this section before July, 1984, shall
be issued a warning statement.
Sec. 105. Minnesota Statutes 1986, section 85A.02,
subdivision 5a, is amended to read:
Subd. 5a. [EMPLOYEES.] (a) The board shall appoint an
administrator who shall serve as the executive secretary and
principal administrative officer of the board and, subject to
its approval, the administrator shall operate the Minnesota
zoological garden and enforce all rules and policy decisions of
the board. The administrator must be chosen solely on the basis
of training, experience, and other qualifications appropriate to
the field of zoo management and development. The board shall
set the compensation for the administrator within the limits
established for the commissioner of human rights agriculture in
section 15A.081, subdivision 1. The administrator shall perform
duties assigned by the board and shall serve in the unclassified
service at the pleasure of the board. The board, with the
participation of the private sector, shall appoint a development
director in the unclassified service or contract with a
development consultant to establish mechanisms to foster
community participation in and community support for the
Minnesota zoological garden. The board may employ other
necessary professional, technical, and clerical personnel.
(b) The board may contract with individuals to perform
professional services and may contract for the purchases of
necessary species exhibits, supplies, services, and equipment.
Sec. 106. Minnesota Statutes 1986, section 85A.04,
subdivision 1, is amended to read:
Subdivision 1. [DEPOSIT.] All receipts from the operation
of the Minnesota zoological garden shall be deposited in the
state treasury and credited to a zoo fund, and are. Investment
income and investment losses attributable to investment of the
zoo fund must be credited to the zoo fund. Money in the zoo
fund is appropriated to the board for the operation of the
Minnesota zoological garden.
Sec. 107. [86.78] [CONTROL OF PURPLE LOOSESTRIFE.]
Subdivision 1. [DEFINITION.] For the purpose of this
section, "purple loosestrife" means lythrum salicaria.
Subd. 2. [ESTABLISHMENT OF CONTROL PROGRAM.] The
commissioner of natural resources shall coordinate a control
program to curb the growth of purple loosestrife. The
commissioners of agriculture and transportation must aid and
cooperate with the commissioner of natural resources to
establish, implement, and enforce the control program.
Sec. 108. Minnesota Statutes 1986, section 88.065, is
amended to read:
88.065 [EQUIPMENT FURNISHED.]
Subject to applicable provisions of state laws respecting
purchases, the commissioner of natural resources may purchase
for and furnish to any governmental subdivisions of the state
authorized to engage in forest fire prevention or suppression
materials or equipment therefor, and may transport, repair and
renovate forest fire prevention and suppression materials and
equipment for governmental subdivisions of the state. The
commissioner may use any funds available for the purchase of
forest fire prevention or suppression equipment or for its
repair, transportation and renovation under federal grants, if
permitted by the terms thereof, or under state appropriations,
unless otherwise expressly provided. Except as otherwise
authorized or permitted by federal or state laws or regulations,
the governmental subdivision receiving any such materials
or equipment or repair or renovation services shall reimburse
the state for the cost. All moneys received in reimbursement
shall be credited to the fund from which the
purchase, transportation, repair, or renovation was made, and
are hereby reappropriated annually and shall be available for
the same purpose as the original appropriation.
Sec. 109. [89.016] [FOREST CAMPGROUNDS.]
The commissioner must hold a public meeting before closing
a campground in a state forest for a camping season. The public
meeting must be held near the state forest where the campground
is to be closed.
Sec. 110. Minnesota Statutes 1986, section 92.46,
subdivision 1, is amended to read:
92.46 [LANDS AS CAMPGROUNDS.]
Subdivision 1. [PUBLIC CAMPGROUNDS.] (a) The director may
designate suitable portions of the state lands withdrawn from
sale and not reserved, as provided in section 92.45, as
permanent state public campgrounds. The director may have the
land surveyed and platted into lots of convenient size, and
lease them for cottage and camp purposes under terms and
conditions the director prescribes, subject to the provisions of
this section.
(b) A lease may not be made for a term more than 20 years.
The lease may allow renewal, from time to time, for additional
terms of no longer than 20 years each. The lease may be
canceled by the commissioner 90 days after giving the person
leasing the land written notice of violation of lease
conditions. The lease rate shall be based on the appraised
value of leased land as determined by the commissioner of
natural resources. The appraised value shall be the value of
the leased land without any private improvements and must be
comparable to similar land without any improvements within the
same county.
(c) By July 1, 1986, the commissioner of natural resources
shall adopt rules under chapter 14 to establish procedures for
leasing land under this section. The rules shall be subject to
review and approval by the commissioners of revenue and
administration prior to the initial publication pursuant to
chapter 14 and prior to their final adoption. The rules must
address at least the following:
(1) method of appraising the property;
(2) determination of lease rates; and
(3) an appeal procedure for both the appraised values and
lease rates.
(d) All money received from these leases must be credited
to the fund to which the proceeds of the land belong.
Notwithstanding section 16A.125 or any other law to the
contrary, 50 percent of the money received from the lease of
permanent school fund lands leased pursuant to this subdivision
shall be deposited into the permanent school trust fund.
However, in fiscal years 1986, 1987, 1988, and 1989 up to 50
percent of, 1990, 1991, and 1992, the money received from the
lease of permanent school fund lands that would otherwise be
deposited into the permanent school trust fund may be used is
hereby appropriated to survey, appraise, and pay associated
selling costs of lots as required in section 92.67, subdivision
3. The money appropriated may not be used to pay the cost of
surveying lots not scheduled for sale. Any money designated for
deposit in the permanent school fund that is not needed to
survey, appraise, and pay associated selling costs of lots, as
required in section 92.67, shall be deposited in the permanent
school trust fund. The commissioner shall add to the appraised
value of any lot offered for sale the costs of surveying,
appraising, and selling the lot, and shall deposit the costs
recovered in the permanent school fund and any other
contributing funds in proportion to the contribution from each
fund. In no case may the commissioner add to the appraised
value of any lot offered for sale an amount more than $700 for
the costs of surveying and appraising the lot. Notwithstanding
section 92.67, subdivision 4, as to requests for sale of
lakeshore lots received before January 1, 1987, the commissioner
shall hold the sale before October 31, 1987, if possible, and,
if not possible, the lots shall be offered for sale at the next
sale in the succeeding year.
Sec. 111. Minnesota Statutes 1986, section 92.67,
subdivision 1, is amended to read:
Subdivision 1. [SALE REQUIREMENT.] Notwithstanding section
92.45 or any other law, at the request of a lessee the
commissioner of natural resources shall sell state property
bordering public waters that is leased for the purpose of a
private cabin under section 92.46 and recommended to be sold
under the inventory prepared pursuant to Laws 1985, First
Special Session chapter 14, article 17, section 4. Requests for
sale must be made prior to July 1, 1991, and the commissioner
shall complete all requested sales by July 1, 1992. The lessee
making the request may designate the lesser of $500 or the lease
payment in the year the request is made to be used as part of
the down payment. The sale shall be made in accordance with
laws providing for the sale of trust fund land except as
modified by the provisions of this section.
Sec. 112. Minnesota Statutes 1986, section 92.67,
subdivision 3, is amended to read:
Subd. 3. [APPOINTMENT OF APPRAISERS; ALLOCATION OF
APPRAISAL AND SURVEY COSTS.] (a) The commissioner of natural
resources shall provide the lessee requesting the sale with a
list of all appraisers approved by the commissioner of
administration for the appraisal of property for the state. The
lessee requesting the sale may select a person from the list who
meets the minimum appraisal standards established by the federal
farmers home administration or the federal veterans
administration to appraise the property to be sold. If more
than one lessee of a cabin site lot leased by the commissioner
under section 92.46 within a platted area requests the sale of a
leased lot, all requesting lessees may jointly agree upon an
appraiser from the list.If the lessee or lessees do not select
an appraiser, the commissioner of natural resources shall select
the appraiser.
(b) The costs of appraisal shall be allocated by the
commissioner to the lots offered for sale and the successful
bidder on each lot shall reimburse the commissioner for the
appraisal costs allocated to the lot bid upon up to $700 for
each lot appraised. If there are no successful bidders on a
lot, the commissioner is responsible for the appraisal cost
allocated to that lot.
(c) The commissioner shall survey a lot prior to offering
it for sale. The commissioner is responsible for the survey
cost.
(d) The lessee may stop the sale process after the
appraisal but before the sale. The lessee must reimburse the
commissioner for the cost of the appraisal if the sale is
stopped.
Sec. 113. Minnesota Statutes 1986, section 92.67,
subdivision 4, is amended to read:
Subd. 4. [TIMING OF SALES.] (a) The commissioner shall
offer lakeshore cabin site lots for sale pursuant to written
request and in accordance with the following schedule:
(1) as to requests received before January 1, 1987, the
sale shall be held in June, July, or August 1987;
(2) as to requests received each calendar year after
December 31, 1986, the sale shall be held in June, July, or
August of the year after the request is received.;
(3) notwithstanding clause (2), the commissioner may offer
a lot for sale in the year the request is received if the
commissioner will offer for sale in that year other lots platted
with the late requested lot.
(b) The last sales shall be held in 1992. Lots not sold
the first year offered may be reoffered in a succeeding year,
following reappraisal if it is determined necessary by the
commissioner.
(c) If a person other than the lessee purchases the leased
lakeshore cabin site, the purchaser must make payment in full to
the lessee at the time of the sale for the appraised value of
any improvements. Failure of a successful bidder to comply with
this provision voids the sale and the property must be rebid, if
possible, at the same sale.
Sec. 114. Minnesota Statutes 1986, section 92.67, is
amended by adding a subdivision to read:
Subd. 5a. [ADDING LANDS; ZONING CONFORMANCE.] Whenever
possible, the commissioner may add trust fund lands to the lots
offered for sale to provide conformance with zoning requirements.
The added lands must be included in the appraised value of the
lot.
Sec. 115. [93.221] [MINERAL LEASE ACCOUNT.]
The mineral lease account is created as an account in the
state treasury for disposal of certain mineral lease money.
Interest accruing from investment of the account remains with
the account. Money in the mineral lease account is appropriated
to the commissioner of natural resources for mineral
diversification.
Sec. 116. Minnesota Statutes 1986, section 93.335,
subdivision 4, is amended to read:
Subd. 4. [RENTAL AND ROYALTIES, ANNUAL DISTRIBUTION;
APPROPRIATION.] If the lands or minerals and mineral rights
covered by any such permit or lease are held by the state in
trust for the taxing districts, the rentals and royalties paid
under any such permit or lease shall be distributed annually by
the commissioner of finance on the first day of September as
follows: 20 percent to the general fund of the state mineral
lease account established in the state treasury under section
93.221, and 80 percent to the respective counties in which the
lands lie, to be apportioned among the taxing districts
interested therein as follows: county, three-ninths; town, or
city, two-ninths; and school district, four-ninths.
There is hereby appropriated from such moneys in the state
treasury not otherwise appropriated to such persons or political
subdivisions as are entitled to payment herein, an amount
sufficient to make the payment.
Sec. 117. Minnesota Statutes 1986, section 97A.061,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY; AMOUNT.] (a) The
commissioner shall annually make a payment from the general game
and fish fund to each county having public hunting areas and
game refuges. This section does not apply to state trust fund
land and other state land not purchased for game refuge or
public hunting purposes. The payment shall be the greatest of:
(1) 35 percent of the gross receipts from all special use
permits and leases of land acquired for public hunting and game
refuges;
(2) 50 cents per acre on land purchased actually used for
public hunting or game refuges; or
(3) three-fourths of one percent of the appraised value of
purchased land actually used for public hunting and game refuges.
(b) The payment must be reduced by the amount paid under
subdivision 3 for croplands managed for wild geese.
(c) The appraised value is the purchase price for five
years after acquisition. The appraised value shall be
determined by the county assessor every five years after
acquisition.
Sec. 118. Minnesota Statutes 1986, section 97A.065,
subdivision 2, is amended to read:
Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and
forfeited bail collected from prosecutions of violations of the
game and fish laws, sections 84.09 to 84.15, and 84.81 to 84.88,
chapter 34B, and any other law relating to wild animals, and
aquatic vegetation must be paid to the treasurer of the county
where the violation is prosecuted. The county treasurer shall
submit one-half of the receipts to the commissioner and credit
the balance to the county general revenue fund except as
provided in paragraph paragraphs (b) and (c).
(b) The commissioner must reimburse a county, from the game
and fish fund, for the cost of keeping prisoners prosecuted for
violations under this section if the county board, by
resolution, directs: (1) the county treasurer to submit all
fines and forfeited bail to the commissioner; and (2) the county
auditor to certify and submit monthly itemized statements to the
commissioner.
(c) The county treasurer shall indicate the amount of the
receipts that are assessments or surcharges imposed under
section 609.101 and shall submit all of those receipts to the
commissioner. The receipts must be credited to the game and
fish fund to provide peace officer training for persons employed
by the commissioner who are licensed under section 626.84,
subdivision 1, clause (c), and who possess peace officer
authority for the purpose of enforcing game and fish laws.
Sec. 119. Minnesota Statutes 1986, section 97A.105,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE REQUIREMENTS.] A person may breed
and propagate fur-bearing animals, game birds, bear, moose, elk,
caribou, or deer only on privately owned or leased land and
after obtaining a license. Any of the permitted animals on a
game farm may be sold to other licensed game farms. "Privately
owned or leased land" includes waters that are shallow or
marshy, are not actually navigable, and are not of substantial
beneficial public use. Before an application for a license is
considered, the applicant must enclose the area to sufficiently
confine the animals to be raised in a manner approved by the
commissioner. A license may be granted only if the commissioner
finds the application is made in good faith with intention to
actually carry on the business described in the application and
the commissioner determines that the facilities are adequate for
the business.
Sec. 120. Minnesota Statutes 1986, section 97A.445,
subdivision 1, is amended to read:
Subdivision 1. [ANGLING; TAKE A KID FISHING WEEKEND.] A
resident over age 18 may take fish by angling without a license
during the second one Saturday and Sunday of the angling
season designated by order of the commissioner if accompanied by
a child who is under age 16. The commissioner shall publicize
the Saturday and Sunday as "Take a Kid Fishing Weekend."
Sec. 121. [97A.472] [PLACE OF SALE OF NONRESIDENT LICENSES;
RESTRICTION.]
The commissioner shall not sell or issue in any place
outside this state a nonresident license to take fish in this
state.
Sec. 122. Minnesota Statutes 1986, section 97A.475,
subdivision 2, is amended to read:
Subd. 2. [RESIDENT HUNTING.] Fees for the following
licenses, to be issued to residents only, are:
(1) for persons under age 65 to take small game, $7 $9;
(2) for persons age 65 or over, $3.50 $4.50;
(3) to take turkey, $10 $12.50;
(4) to take deer with firearms, $15 $20;
(5) to take deer by archery, $15 $20;
(6) to take moose, for a party of not more than four
persons, $200 $250; and
(7) to take bear, $25 $30.
Sec. 123. Minnesota Statutes 1986, section 97A.475,
subdivision 3, is amended to read:
Subd. 3. [NONRESIDENT HUNTING.] Fees for the following
licenses, to be issued to nonresidents, are:
(1) to take small game, $46 $51;
(2) to take deer with firearms, $100;
(3) to take deer by archery, $100;
(4) to take bear, $150;
(5) to take turkey, $30; and
(6) to take raccoon, bobcat, fox, coyote, or
lynx, $100 $125.
Sec. 124. Minnesota Statutes 1986, section 97A.475,
subdivision 6, is amended to read:
Subd. 6. [RESIDENT FISHING.] Fees for the following
licenses, to be issued to residents only, are:
(1) to take fish by angling, for persons under age
65, $6.50 $9.50;
(2) to take fish by angling, for persons age 65 and over,
$4;
(3) to take fish by angling, for a combined license for a
married couple, $10.50 $13.50; and
(3) (4) to take fish by spearing from a dark house,
$7.50 $12; and
(5) to take fish by angling for a period of 24 hours from
the time of issuance, $4.50. No trout stamp is required when
angling for trout or salmon under this 24-hour angling license.
Sec. 125. Minnesota Statutes 1986, section 97A.475,
subdivision 7, is amended to read:
Subd. 7. [NONRESIDENT FISHING.] Fees for the following
licenses, to be issued to nonresidents, shall be are:
(1) to take fish by angling, $16 $18;
(2) to take fish by angling limited to seven consecutive
days, $13 $15;
(3) to take fish by angling for three days, $10 $12; and
(4) to take fish by angling for a combined license for a
family, $27.50 $30.50;
(5) to take fish by angling for a period of 24 hours from
the time of issuance, $4.50. No trout stamp is required when
angling for trout or salmon under this 24-hour angling license;
and
(6) to take fish by angling for a combined license for a
married couple, limited to 14 consecutive days, $22.50.
Sec. 126. Minnesota Statutes 1986, section 97A.475,
subdivision 8, is amended to read:
Subd. 8. [MINNESOTA SPORTING.] The commissioner shall
issue Minnesota sporting licenses to residents only. The
licensee may take fish by angling and small game. The fee for
the license is:
(1) for an individual, $12 $13.50; and
(2) for a combined license for a married couple to take
fish and for one spouse to take small game, $16 $19.50.
Sec. 127. Minnesota Statutes 1986, section 97A.475,
subdivision 9, is amended to read:
Subd. 9. [FISHING SURCHARGE.] The fees for the following
licenses must be increased by a surcharge of $2.50:
(1) resident angling, under subdivision 6, clauses (1) and
(2), (3), and (5);
(2) nonresident angling, under subdivision 7;
(3) Minnesota sporting, under subdivision 8;
(4) nonresident fish houses, under subdivision 12; and
(5) to net fish for domestic use, under subdivision 13.
Sec. 128. Minnesota Statutes 1986, section 97A.475,
subdivision 11, is amended to read:
Subd. 11. [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees
for the following licenses are:
(1) for a fish house or dark house that is not
rented, $5 $8; and
(2) for a fish house or dark house that is rented, $15 $18.
Sec. 129. Minnesota Statutes 1986, section 97A.475,
subdivision 12, is amended to read:
Subd. 12. [FISH HOUSES; NONRESIDENT.] The fee for a fish
house license for a nonresident is $15 $19.50.
Sec. 130. Minnesota Statutes 1986, section 97A.475,
subdivision 13, is amended to read:
Subd. 13. [NETTING WHITEFISH AND CISCOES FOR PERSONAL
CONSUMPTION.] The fee for a license to net whitefish and ciscoes
in inland lakes and international waters for personal
consumption is, for each net, $3 $5.
Sec. 131. Minnesota Statutes 1986, section 97A.475,
subdivision 20, is amended to read:
Subd. 20. [TRAPPING LICENSE.] The fee for a license to
trap fur-bearing animals is:
(1) for persons over age 13 and under age 18, $3.50 $5; and
(2) for persons age 18 and older, $13 $16.
Sec. 132. Minnesota Statutes 1986, section 97A.485,
subdivision 6, is amended to read:
Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a)
Persons authorized to sell licenses under this section must sell
the following licenses for the license fee and the following
issuing fees:
(1) to take deer with firearms and by archery, the issuing
fee is $1;
(2) Minnesota sporting, the issuing fee is $1; and
(3) to take bear and small game, for a person under age 65
to take fish by angling or for a person of any age to take fish
by spearing, and to trap furbearing animals, the issuing fee is
75 cents $1.
(b) An issuing fee for a stamp may not be collected when
for a stamp is issued simultaneously with the related small
game, fishing, or sporting license. Only one issuing fee may be
collected when selling more than one stamp in the same
transaction after the end of the season for which the stamp was
issued.
(c) The auditor or subagent shall keep the issuing fee as a
commission for selling the licenses.
(d) The commissioner shall collect the issuing fee on
licenses sold by the commissioner.
(e) A license, except stamps, must state the amount of the
issuing fee and that the issuing fee is kept by the seller as a
commission for selling the licenses.
(f) The fee for an angling license paid by a resident 65
years of age or over must be refunded to the licensee upon
request to the commissioner, if the request is made within 30
days of the sale. The commissioner shall design a system on the
license for this purpose.
Sec. 133. [97A.502] [DEER KILLED BY MOTOR VEHICLES.]
Notwithstanding section 97A.055, any deer killed by a motor
vehicle on a public road must be removed by the road authority,
as defined by section 160.02, subdivision 9. The commissioner
of natural resources must provide to all road authorities
standard forms for statistical purposes and the tracking of wild
animals.
Sec. 134. Minnesota Statutes 1986, section 97C.211, is
amended by adding a subdivision to read:
Subd. 5. [PRICE OF WALLEYE FRY.] The commissioner may not
sell walleye fry for less than fair market value, defined as the
average price charged by private walleye fry wholesalers located
in Minnesota.
Sec. 135. [97C.402] [RAINY RIVER SEASON.]
The fishing season on the Minnesota side of the Rainy River
ends on February 28.
Sec. 136. [115A.41] [PURPOSE.]
The legislature recognizes the importance of maintaining
the regulatory functions of the Minnesota pollution control
agency in regard to solid waste management. The legislature
also recognizes that in order to achieve the maximum benefit of
state funding and funding from other sources that the technical
and financial assistance involved in managing solid waste,
including programs involving waste tires, including landfills
and other methods of recycling, disposing, and storing solid
wastes, should properly be transferred to the waste management
board.
Sec. 137. Minnesota Statutes 1986, section 115A.42, is
amended to read:
115A.42 [ESTABLISHMENT AND ADMINISTRATION.]
There is established a planning assistance program to
provide technical and financial assistance to political
subdivisions of the state for the purposes of encouraging and
improving regional and local solid waste management planning
activities and efforts and of furthering the state policies and
purposes expressed in section 115A.02. The program shall be
administered by the agency board pursuant to rules promulgated
under chapter 14, except in the metropolitan area where the
program shall be administered by the metropolitan council
pursuant to chapter 473. The agency board and the metropolitan
council shall ensure conformance with federal requirements and
programs established pursuant to the Resource Conservation and
Recovery Act of 1976 and amendments thereto.
Sec. 138. Minnesota Statutes 1986, section 115A.44, is
amended to read:
115A.44 [FINANCIAL ASSISTANCE.]
Eligible recipients may receive grants for up to 50 percent
of the cost of the planning activity, except that planning by a
regional development commission and joint planning by two or
more contiguous counties or political subdivisions located in
two or more contiguous counties may receive grants for up to 100
percent of the cost of the planning activity. Financial
assistance provided under the program may be used to employ
staff, contract with other units of government or qualified
consultants, and pay such other planning expenses as the
agency board or metropolitan council may allow.
Sec. 139. Minnesota Statutes 1986, section 115A.45, is
amended to read:
115A.45 [TECHNICAL ASSISTANCE.]
The agency board and metropolitan council shall provide for
technical assistance for eligible recipients. The agency board
and metropolitan council shall provide model plans for regional
and local solid waste management. The agency board and
metropolitan council may contract for the delivery of technical
assistance by a regional development commission, any state or
federal agency, or private consultants. The agency board shall
prepare and publish an inventory of sources of technical
assistance for solid waste planning, including studies,
publications, agencies, and persons available.
Sec. 140. Minnesota Statutes 1986, section 115A.46,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] Plans shall address the state
policies and purposes expressed in section 115A.02. Plans for
the location, establishment, operation, maintenance, and
postclosure use of facilities and facility sites, for
ordinances, and for licensing, permit, and enforcement
activities shall be consistent with the rules adopted by the
agency pursuant to chapter 116. Plans shall address the
resolution of conflicting, duplicative, or overlapping local
management efforts. Plans shall address the establishment of
joint powers management programs or waste management districts
where appropriate. Plans shall address other matters as the
rules of the agency board may require consistent with the
purposes of sections 115A.42 to 115A.46. Political subdivisions
preparing plans under sections 115A.42 to 115A.46 shall consult
with persons presently providing solid waste collection,
processing, and disposal services. Plans shall be approved by
the agency board, or the metropolitan council pursuant to
section 473.803. After initial approval, each plan shall be
updated every five years and revised as necessary for further
approval.
Sec. 141. Minnesota Statutes 1986, section 115A.49, is
amended to read:
115A.49 [ESTABLISHMENT; PURPOSES AND PRIORITIES.]
There is established a program to encourage and assist
cities, counties, and solid waste management districts in the
development and implementation of solid waste management
projects and to transfer the knowledge and experience gained
from such projects to other communities in the state. The
program must be administered to encourage local communities to
develop feasible and prudent alternatives to disposal, including
waste reduction; waste separation by generators, collectors, and
other persons; and waste processing. The program must be
administered by the agency and the board in accordance with the
requirements of sections 115A.49 to 115A.54 and rules
promulgated by the agency and the board pursuant to chapter 14.
In administering the program, the agency and the board shall
give priority to areas where natural geologic and soil
conditions are unsuitable for land disposal of solid waste;
areas where the capacity of existing solid waste disposal
facilities is determined by the agency or the board to be less
than five years; and projects serving more than one local
government unit.
Sec. 142. Minnesota Statutes 1986, section 115A.51, is
amended to read:
115A.51 [APPLICATION REQUIREMENTS.]
Applications for assistance under the program shall
demonstrate: (a) that the project is conceptually and
technically feasible; (b) that affected political subdivisions
are committed to implement the project, to provide necessary
local financing, and to accept and exercise the government
powers necessary to the project; (c) that operating revenues
from the project, considering the availability and security of
sources of solid waste and of markets for recovered resources,
together with any proposed federal, state, or local financial
assistance, will be sufficient to pay all costs over the
projected life of the project; (d) that the applicant has
evaluated the feasible and prudent alternatives to disposal and
has compared and evaluated the costs of the alternatives,
including capital and operating costs, and the effects of the
alternatives on the cost to generators. The agency or the board
may require completion of a comprehensive solid waste management
plan conforming to the requirements of section 115A.46, before
accepting an application.
Sec. 143. Minnesota Statutes 1986, section 115A.52, is
amended to read:
115A.52 [TECHNICAL ASSISTANCE FOR PROJECTS.]
The agency and the board shall ensure the delivery of the
technical assistance necessary for proper implementation of each
project funded under the program. The agency and the board may
contract for the delivery of technical assistance by any state
or federal agency, a regional development commission, the
metropolitan council, or private consultants and may use program
funds to reimburse the agency, commission, council, or
consultants. The agency and the board shall prepare and publish
an inventory of sources of technical assistance, including
studies, publications, agencies, and persons available. The
agency and the board shall ensure statewide benefit from
projects assisted under the program by developing exchange and
training programs for local officials and employees and by using
the experience gained in projects to provide technical
assistance and education for other solid waste management
projects in the state.
Sec. 144. Minnesota Statutes 1986, section 115A.53, is
amended to read:
115A.53 [WASTE REDUCTION AND SEPARATION PROJECTS.]
The agency board shall provide technical assistance and
grants to projects which demonstrate waste reduction; waste
separation by generators, collectors, and other persons; and
collection systems for separated waste. Activities eligible for
assistance under this section include legal, financial,
economic, educational, marketing, social, governmental, and
administrative activities related to the implementation of the
project. Preliminary planning and development, feasibility
study, and conceptual design costs shall also be eligible
activities, but no more than 20 percent of program funds shall
be used to fund those activities. The rules of the agency board
shall prescribe the level or levels of local funding required
for grants under this section.
Sec. 145. Minnesota Statutes 1986, section 115A.917, is
amended to read:
115A.917 [CERTIFICATE OF NEED.]
No new capacity for disposal of mixed municipal solid waste
may be permitted in counties outside the metropolitan area
without a certificate of need issued by the agency board
indicating the agency's board's determination that the
additional disposal capacity is needed in the county. A
certificate of need may not be issued until the county has a
plan approved under section 115A.46. If the original plan was
approved more than five years before, the agency board may
require the plan to be revised before a certificate of need is
issued under this section. The agency board shall certify need
only to the extent that there are no feasible and prudent
alternatives to the additional disposal capacity, including
waste reduction, source separation, and resource recovery, that
would minimize adverse impact upon natural resources.
Alternatives that are speculative or conjectural are not
feasible and prudent. Economic considerations alone do not
justify the certification of need or the rejection of
alternatives.
Sec. 146. Minnesota Statutes 1986, section 116.41,
subdivision 2, is amended to read:
Subd. 2. [TRAINING AND CERTIFICATION PROGRAMS.] The agency
shall develop standards of competence for persons operating and
inspecting various classes of disposal facilities. The agency
shall conduct training programs for persons operating facilities
for the disposal of waste and for inspectors of such facilities,
and may charge such fees as are necessary to cover the actual
costs of the training programs. All fees received shall be paid
into the state treasury and credited to the account created in
section 115.03, subdivision 1, clause (j), for training water
pollution control personnel, a separate waste disposal training
account and are appropriated to the agency to pay expenses
relating to the training of disposal facility personnel.
The agency shall require operators and inspectors of such
facilities to obtain from the agency a certificate of
competence. The agency shall conduct examinations to test the
competence of applicants for certification, and shall require
that certificates be renewed at reasonable intervals. The
agency may charge such fees as are necessary to cover the actual
costs of receiving and processing applications, conducting
examinations, and issuing and renewing certificates.
Certificates shall not be required for a private individual for
landspreading and associated interim and temporary storage of
sewage sludge on property owned or farmed by that individual.
Sec. 147. Minnesota Statutes 1986, section 116C.712, is
amended by adding a subdivision to read:
Subd. 5. [ASSESSMENT.] (a) A person, firm, corporation, or
association in the business of owning or operating a nuclear
fission electrical generating plant in this state shall pay an
assessment to cover the cost of:
(1) monitoring the federal high-level radioactive waste
program under the Nuclear Waste Policy Act, United States Code,
title 42, sections 10101 to 10226;
(2) advising the governor and the legislature on policy
issues relating to the federal high-level radioactive waste
disposal program; and
(3) other general studies necessary to carry out the
purposes of this subdivision.
The assessment must not be more than the appropriation to
the state planning agency for these purposes.
(b) The state planning agency shall bill the owner or
operator of the plant for the assessment at least 30 days before
the start of each quarter. The assessment for the second
quarter of each fiscal year must be adjusted to compensate for
the amount by which actual expenditures by the state planning
agency for the preceding year were more or less than the
estimated expenditures previously assessed. The billing may be
made as an addition to the assessments made under section
116C.69. The owner or operator of the plant must pay the
assessment within 30 days after receipt of the bill. The
assessment must be deposited in the state treasury and credited
to the special revenue fund.
(c) The authority for this assessment terminates when the
department of energy eliminates Minnesota from further siting
consideration for high-level radioactive waste. The assessment
required for any quarter must be reduced by the amount of
federal grant money received by the state planning agency for
the purposes listed in this section.
Sec. 148. Minnesota Statutes 1986, section 161.1419,
subdivision 4, is amended to read:
Subd. 4. Members of the commission shall serve without
Compensation but shall be allowed and paid their actual
traveling and other expenses necessarily incurred in the
performance of their duties of legislative members of the
commission is as provided in section 3.101. Compensation of the
remaining members is as provided in section 15.0575. The
commission may purchase supplies, employ part-time or full-time
employees, and do all things reasonably necessary and convenient
in carrying out the purposes of this section. Reimbursement for
expenses incurred shall be made pursuant to the rules governing
state employees.
Sec. 149. Minnesota Statutes 1986, section 168.012,
subdivision 1c, is amended to read:
Subd. 1c. (a) The annual administrative fee for a
tax-exempt vehicle under this section is $5. The license plate
fee for a tax-exempt vehicle, except a trailer, is $10 for two
plates per vehicle, payable only on the first tax-exempt
registration of the vehicle. The registration period for a
tax-exempt vehicle is biennial. The administrative fee is due
on March 1 biennially and payable the preceding January 1, with
validating stickers issued at time of payment.
(b) The owner of a tax-exempt vehicle shall apply for
tax-exempt license plates, and pay the administrative and plate
fees, and the filing fee under section 168.33, subdivision 7,
only to a deputy registrar in the county in which the vehicle is
domiciled.
Sec. 150. Minnesota Statutes 1986, section 175A.07,
subdivision 2, is amended to read:
Subd. 2. [PERSONNEL.] The judges of the workers'
compensation court of appeals shall appoint in the manner
provided by law all personnel required by the workers'
compensation court of appeals. Law clerks are in the
unclassified service. The commissioner of administration shall
provide the court with necessary additional staff and
administrative services, and the court shall reimburse the
commissioner for the cost of these services.
Sec. 151. Minnesota Statutes 1986, section 176.611,
subdivision 2, is amended to read:
Subd. 2. [STATE DEPARTMENTS.] Every department of the
state, including the University of Minnesota, shall reimburse
the fund for money paid for the administration of its claims and
the costs of administering the revolving fund at such times and
in such amounts as the commissioner of the department of labor
and industry shall certify has been paid out of the fund on its
behalf. The heads of the departments shall anticipate these
payments by including them in their budgets. In addition, the
commissioner of labor and industry, with the approval of the
commissioner of finance, may require an agency to make advance
payments to the fund sufficient to cover the agency's estimated
obligation for a period of at least 60 days. Reimbursements and
other money received by the commissioner of labor and industry
under this subdivision must be credited to the state
compensation revolving fund.
Sec. 152. Minnesota Statutes 1986, section 176.611, is
amended by adding a subdivision to read:
Subd. 3a. [LOANS.] To maintain an ongoing balance
sufficient to pay sums currently due for benefits and
administrative costs, the commissioner of finance, upon request
of the commissioner of labor and industry, may transfer money
from the general fund to the state compensation revolving fund.
Before requesting the transfer, the commissioner of labor and
industry must decide there is not enough money in the fund for
an immediate, necessary expenditure. The amount necessary to
make the transfer is appropriated from the general fund to the
commissioner of finance. The commissioner of labor and industry
shall make schedules to repay the transferred money to the
general fund. The repayment may not extend beyond five years.
Sec. 153. Minnesota Statutes 1986, section 176.611,
subdivision 6a, is amended to read:
Subd. 6a. [APPROPRIATIONS CONSTITUTING FUND.] There is
hereby appropriated from the general fund in the state treasury
to the state compensation revolving fund the sum of $967,690 to
be used to pay claims of employees of the state. This
appropriation together with the sum of $74,013.12 heretofore
appropriated from the trunk highway fund and $2,395,986.88
heretofore appropriated from the general fund totals $3,437,690
and constitutes The revolving fund consists of $3,437,690
appropriated from the general fund and other funds.
Sec. 154. Minnesota Statutes 1986, section 197.481,
subdivision 5, is amended to read:
Subd. 5. [PERSONNEL.] The commissioner may appoint a
hearing officer to act in the commissioner's place and to employ
such other personnel as are necessary to investigate facts in
cases brought under this section. The affected political
subdivision must bear all costs incurred by the commissioner
under this section.
Sec. 155. Minnesota Statutes 1986, section 204B.11,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNT.] Except as provided by subdivision
2, a filing fee shall be paid by each candidate who files an
affidavit of candidacy. The fee shall be paid at the time the
affidavit is filed. The amount of the filing fee shall vary
with the office sought as follows:
(a) for the office of governor, lieutenant governor,
attorney general, state auditor, state treasurer, secretary of
state, representative in congress, judge of the supreme court,
judge of the court of appeals, judge of the district court, or
judge of the county municipal court of Hennepin
county, $150 $200;
(b) for the office of senator in congress, $200 $300;
(c) for office of senator or representative in the
legislature, $50 $75;
(d) for a county office, $50; and
(e) for the office of soil and water conservation district
supervisor, $20.
For the office of presidential elector, and for those
offices for which no compensation is provided, no filing fee is
required.
The filing fees received by the county auditor shall
immediately be paid to the county treasurer. The filing fees
received by the secretary of state shall immediately be paid to
the state treasurer.
When an affidavit of candidacy has been filed with the
appropriate filing officer and the requisite filing fee has been
paid, the filing fee shall not be refunded.
Sec. 156. Minnesota Statutes 1986, section 214.04,
subdivision 3, is amended to read:
Subd. 3. The executive secretary of each health-related
and non-health-related board shall be the chief administrative
officer for the board but shall not be a member of the board.
The executive secretary shall maintain the records of the board,
account for all fees received by it, supervise and direct
employees servicing the board, and perform other services as
directed by the board. The executive secretaries and other
employees of the following boards shall be hired by the board,
and the executive secretaries shall be in the unclassified civil
service, except as provided in this subdivision:
(1) dentistry;
(2) medical examiners;
(3) nursing;
(4) pharmacy;
(5) accountancy;
(6) architecture, engineering, land surveying and landscape
architecture;
(7) barber examiners;
(8) cosmetology;
(9) electricity;
(10) teaching; and
(11) peace officer standards and training.
The board of medical examiners shall set the salary of its
executive director, which may not exceed 95 percent of the top
of the salary range set for the commissioner of health in
section 15A.081, subdivision 1. In June of the year in which a
salary increase is to be adopted, and at least 30 days before
the board of medical examiners adopts a salary increase for its
executive director, the board shall submit the proposed salary
increase to the legislative commission on employee relations for
its review approval, modification, or rejection in the manner
provided in section 43A.18, subdivision 2.
The executive secretaries serving the remaining boards
shall be hired by those boards, and shall be in the unclassified
civil service except for part-time executive secretaries, who
are not required to be in the unclassified service. Boards not
requiring a full-time executive secretary may employ such
services on a part-time basis. To the extent practicable the
sharing of part-time executive secretaries by boards being
serviced by the same department is encouraged. Persons
providing services to those boards not listed in this
subdivision, except executive secretaries of the boards and
employees of the attorney general, shall be classified civil
service employees of the department servicing the board. To the
extent practicable the commissioner shall insure that staff
services are shared by the boards being serviced by the
department. If necessary, a board may hire part-time, temporary
employees to administer and grade examinations.
Sec. 157. Minnesota Statutes 1986, section 221.67, is
amended to read:
221.67 [SERVICE OF PROCESS.]
The use of any of the public highways of this state for the
transportation of persons or property for compensation by a
motor carrier in interstate commerce shall be deemed an
irrevocable appointment by the carrier of the secretary of state
to be the carrier's true and lawful attorney upon whom may be
served all legal process in any action or proceeding brought
under this chapter against the carrier or the carrier's
executor, administrator, personal representative, heirs,
successors or assigns. This use is a signification of agreement
by the interstate motor carrier that any process in any action
against the carrier or the carrier's executor, administrator,
personal representative, heirs, successors, or assigns which is
so served shall be of the same legal force and validity as if
served upon the carrier personally. Service shall be made by
serving a copy thereof upon the secretary of state or by filing
a copy in the office of the secretary of state, together with
payment of a fee of $15 $25, and the service shall be sufficient
service upon the absent motor carrier if notice of the service
and a copy of the process are within ten days thereafter sent by
mail by the plaintiff to the defendant at the defendant's last
known address and the plaintiff's affidavit of compliance with
the provisions of this section and sections 221.60, 221.65, and
221.68 is attached to the summons.
Sec. 158. Minnesota Statutes 1986, section 271.01, is
amended by adding a subdivision to read:
Subd. 1a. [RETIRED JUDGES.] Upon the retirement of a judge
of the tax court or the district court, the chief judge of the
tax court may, with the retired judge's consent, assign the
retired judge to hear any case properly assignable to a judge of
the tax court and to act on it with the full powers of a judge
of the tax court. A retired judge performing this service shall
receive pay and expenses in the amount and manner provided by
law for judges serving on the court, less the amount of
retirement pay the judge is receiving under chapter 352 or 490.
Sec. 159. Minnesota Statutes 1986, section 273.1314,
subdivision 16a, is amended to read:
Subd. 16a. [ZONE BOUNDARY REALIGNMENT.] The commissioner
may approve specific applications by a municipality to amend the
boundaries of a zone or of an area or areas designated pursuant
to subdivision 9, paragraph (e) at any time. Boundaries of a
zone may not be amended to create noncontiguous subdivisions.
If the commissioner approves the amended boundaries, the change
is effective on the date of approval. Notwithstanding the area
limitation under section 273.1312, subdivision 4, paragraph (b),
the commissioner may approve a specific application to amend the
boundaries of an enterprise zone which is located within five
municipalities and was designated in 1984, to increase its area
to not more than 800 acres, and may approve an additional
specific application to amend the boundaries of that enterprise
zone to include a sixth municipality or to further increase its
area to include all or part of the territory of a town that
surrounds one of the five municipalities, or both.
Notwithstanding the area limitation under section 273.1312,
subdivision 4, paragraph (b), the commissioner may approve a
specific application to amend the boundaries of an enterprise
zone that is located within four municipalities to include a
fifth municipality. The addition of the fifth municipality may
only be approved after the existing municipalities, by adoption
of a resolution by each municipality's governing board, agree to
the addition of the fifth municipality.
Sec. 160. Minnesota Statutes 1986, section 296.16,
subdivision 1, is amended to read:
Subdivision 1. [INTENT.] All gasoline received in this
state and all gasoline produced in or brought into this state
except aviation gasoline and marine gasoline shall be determined
to be intended for use in motor vehicles in this state.
Approximately three-fourths of one and one-half percent of
all gasoline received in this state and three-fourths of one and
one-half percent of all gasoline produced or brought into this
state, except gasoline used for aviation purposes, is being used
as fuel for the operation of motorboats on the waters of this
state and of the total revenue derived from the imposition of
the gasoline fuel tax for uses other than for aviation purposes,
three-fourths of one and one-half percent of such revenues is
the amount of tax on fuel used in motorboats operated on the
waters of this state.
Approximately three-fourths of one percent of all gasoline
received in and produced or brought into this state, except
gasoline used for aviation purposes, is being used as fuel for
the operation of snowmobiles in this state, and of the total
revenue derived from the imposition of the gasoline fuel tax for
uses other than for aviation purposes, three-fourths of one
percent of such revenues is the amount of tax on fuel used in
snowmobiles operated in this state.
Approximately 0.15 of one percent of all gasoline received
in or produced or brought into this state, except gasoline used
for aviation purposes, is being used for the operation of
all-terrain vehicles in this state, and of the total revenue
derived from the imposition of the gasoline fuel tax, 0.15 of
one percent is the amount of tax on fuel used in all-terrain
vehicles operated in this state.
Sec. 161. Minnesota Statutes 1986, section 296.421,
subdivision 5, is amended to read:
Subd. 5. [COMPUTATION OF UNREFUNDED TAX.] The amount of
unrefunded tax shall be a sum equal to three-fourths of one
percent one and one-half percent of all revenues derived from
the excise taxes on gasoline, except on gasoline used for
aviation purposes, together with interest thereon and penalties
for delinquency in payment, paid or collected pursuant to the
provisions of sections 296.02 to 296.17. The amount of such tax
shall be computed for each six-month period commencing January
1, 1961, and shall be paid into the state treasury on November 1
and June 1 following each six-month period.
Sec. 162. Minnesota Statutes 1986, section 298.22,
subdivision 1, is amended to read:
Subdivision 1. (1) The office of commissioner of iron
range resources and rehabilitation is created. The commissioner
shall be appointed by the governor under the provisions of
section 15.06.
(2) The commissioner may hold such other positions or
appointments as are not incompatible with duties as commissioner
of iron range resources and rehabilitation. The commissioner
may appoint a deputy commissioner. All expenses of the
commissioner, including the payment of such assistance as may be
necessary, shall be paid out of the amounts appropriated by
section 298.28. The compensation of the commissioner shall be
set by the governor legislative coordinating commission and may
not exceed the maximum salary set for the commissioner of
administration under section 15A.081, subdivision 1.
(3) When the commissioner shall determine that distress and
unemployment exists or may exist in the future in any county by
reason of the removal of natural resources or a possibly limited
use thereof in the future and the decrease in employment
resulting therefrom, now or hereafter, the commissioner may use
such amounts of the appropriation made to the commissioner of
revenue in section 298.28 as are determined to be necessary and
proper in the development of the remaining resources of said
county and in the vocational training and rehabilitation of its
residents. For the purposes of this section, "development of
remaining resources" includes, but is not limited to, the
promotion of tourism.
Sec. 163. Minnesota Statutes 1986, section 302A.011,
subdivision 11, is amended to read:
Subd. 11. [FILED WITH THE SECRETARY OF STATE.] "Filed with
the secretary of state" means that an original of a document
meeting the applicable requirements of this chapter, signed, and
acknowledged or verified in the manner provided in chapter 358,
and accompanied by a filing fee of $15 $25, has been delivered
to the secretary of state of this state. The secretary of state
shall endorse on the original the word "Filed" and the month,
day, year, and time of filing, record the document in the office
of the secretary of state, and return the document to the person
who delivered it for filing.
Sec. 164. Minnesota Statutes 1986, section 302A.153, is
amended to read:
302A.153 [EFFECTIVE DATE OF ARTICLES.]
Articles of incorporation are effective and corporate
existence begins when the articles of incorporation are filed
with the secretary of state accompanied by a payment
of $85 $125, which includes a $70 $100 incorporation fee in
addition to the $15 $25 filing fee required by section 302A.011,
subdivision 11. Articles of amendment and articles of merger
are effective when filed with the secretary of state or at
another time within 30 days after filing if the articles of
amendment so provide. Articles of merger must be accompanied by
a fee of $50, which includes a $25 merger fee in addition to the
$25 filing fee required by section 302A.011, subdivision 11.
Sec. 165. Minnesota Statutes 1986, section 303.07,
subdivision 2, is amended to read:
Subd. 2. [ANNUAL FEE.] The secretary of state shall
collect an annual license fee from each foreign corporation
holding a certificate of authority to transact business in this
state. A foreign corporation shall pay $15 $20 per $100,000 or
fraction thereof of its Minnesota taxable net income for the
last taxable year ending prior to the payment of the fee. If
the taxable year ended less than 75 days before the date the fee
is received by the secretary of state, the taxable net income
from the preceding taxable year shall determine the fee. In no
event shall the annual license fee be less than $30 $40. The
corporation shall pay this fee by April 1 of each year.
Sec. 166. Minnesota Statutes 1986, section 303.13,
subdivision 1, is amended to read:
Subdivision 1. [FOREIGN CORPORATION.] A foreign
corporation shall be subject to service of process, as follows:
(1) By service on its registered agent;
(2) When any foreign corporation authorized to transact
business in this state fails to appoint or maintain in this
state a registered agent upon whom service of process may be
had, or whenever any registered agent cannot be found at its
registered office in this state, as shown by the return of the
sheriff of the county in which the registered office is
situated, or by an affidavit of attempted service by any person
not a party, or whenever any corporation withdraws from the
state, or whenever the certificate of authority of any foreign
corporation is revoked or canceled, service may be made by
delivering to and leaving with the secretary of state, or with
any deputy or clerk in the corporation department of the
secretary of state's office, three copies thereof and a fee
of $15 $25; provided, that after a foreign corporation withdraws
from the state, pursuant to section 303.16, service upon the
corporation may be made pursuant to the provisions of this
section only when based upon a liability or obligation of the
corporation incurred within this state or arising out of any
business done in this state by the corporation prior to the
issuance of a certificate of withdrawal.
(3) If a foreign corporation makes a contract with a
resident of Minnesota to be performed in whole or in part by
either party in Minnesota, or if a foreign corporation commits a
tort in whole or in part in Minnesota against a resident of
Minnesota, such acts shall be deemed to be doing business in
Minnesota by the foreign corporation and shall be deemed
equivalent to the appointment by the foreign corporation of the
secretary of the state of Minnesota and successors to be its
true and lawful attorney upon whom may be served all lawful
process in any actions or proceedings against the foreign
corporation arising from or growing out of the contract or
tort. Process shall be served in duplicate upon the secretary
of state, together with a fee of $15 $25 and the secretary of
state shall mail one copy thereof to the corporation at its last
known address, and the corporation shall have 30 days within
which to answer from the date of the mailing, notwithstanding
any other provision of the law. The making of the contract or
the committing of the tort shall be deemed to be the agreement
of the foreign corporation that any process against it which is
so served upon the secretary of state shall be of the same legal
force and effect as if served personally on it within the state
of Minnesota.
Sec. 167. Minnesota Statutes 1986, section 303.21,
subdivision 3, is amended to read:
Subd. 3. [OTHER INSTRUMENTS.] A fee of $20 $25 shall be
paid to the secretary of state for filing any instrument, other
than the annual report required by section 303.14, required or
permitted to be filed under the provisions of this chapter. For
filing the annual report a fee of $20 must be paid to the
secretary of state. The fee fees shall be paid at the time of
the filing of the instrument.
Sec. 168. Minnesota Statutes 1986, section 317.67,
subdivision 2, is amended to read:
Subd. 2. The secretary of state shall collect a fee of
$15 $25 for filing any instrument that is required to be filed
under this chapter.
Sec. 169. Minnesota Statutes 1986, section 317.67,
subdivision 3, is amended to read:
Subd. 3. [FILING FEE.] The secretary of state shall
collect a fee of $25 $35 from each new nonprofit corporation at
the time of incorporation.
Sec. 170. Minnesota Statutes 1986, section 322A.16, is
amended to read:
322A.16 [FILING IN OFFICE OF SECRETARY OF STATE.]
(a) A signed copy of the certificate of limited
partnership, of any certificates of amendment or cancellation or
of any judicial decree of amendment or cancellation shall be
delivered to the secretary of state. A person who executes a
certificate as an agent or fiduciary need not exhibit evidence
of the executor's authority as a prerequisite to filing. Unless
the secretary of state finds that any certificate does not
conform to law, upon receipt of a $10 $25 filing fee and, in the
case of a certificate of limited partnership, a $50 $60 initial
fee, the secretary shall:
(1) endorse on the original the word "Filed" and the day,
month and year of the filing; and
(2) return the original to the person who filed it or a
representative.
(b) Upon the filing of a certificate of amendment or
judicial decree of amendment in the office of the secretary of
state, the certificate of limited partnership shall be amended
as set forth in the amendment, and upon the effective date of a
certificate of cancellation or a judicial decree of it, the
certificate of limited partnership is canceled.
Sec. 171. Minnesota Statutes 1986, section 322A.71, is
amended to read:
322A.71 [ISSUANCE OF REGISTRATION.]
(a) If the secretary of state finds that an application for
registration conforms to law and a $10 $25 filing fee and a
$50 $60 initial registration fee has been paid, the secretary
shall:
(1) endorse on the application the word "Filed," and the
month, day and year of the filing thereof;
(2) file a duplicate original of the application; and
(3) issue a certificate of registration to transact
business in this state.
(b) The certificate of registration, together with a
duplicate original of the application, shall be returned to the
person who filed the application or a representative of that
person.
Sec. 172. Minnesota Statutes 1986, section 330.11,
subdivision 3, is amended to read:
Subd. 3. Every nonresident applicant shall file an
irrevocable consent that suits and actions may be commenced
against such applicant in any court of competent jurisdiction in
this state by the service on the secretary of state of any
summons, process, or pleadings authorized by the laws of the
state of Minnesota. This consent shall stipulate that the
service of such process or pleadings on the secretary of state
shall be taken and held in all courts to be as valid and binding
as if due service had been made upon the applicant in the state
of Minnesota. In case any summons, process, or pleadings are
served upon the secretary of state, it shall be by duplicate
copies, one of which shall be retained in the office of the
secretary of state, and the other to be forwarded immediately by
certified mail to the address of the applicant, as shown by the
records of the secretary of state, against whom the summons,
process, or pleadings may be divested. A fee of $25 must be
paid to the secretary of state for each service.
Sec. 173. Minnesota Statutes 1986, section 333.055,
subdivision 3, is amended to read:
Subd. 3. The secretary of state shall charge and collect:
(a) For the filing of each certificate or amended
certificate of an assumed name - $15
(b) Certificate renewal fee - $6 $15.
Sec. 174. Minnesota Statutes 1986, section 403.11,
subdivision 1, is amended to read:
Subdivision 1. [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each
customer of a local exchange company is assessed a fee to cover
the costs of ongoing maintenance and related improvements for
trunking and central office switching equipment for minimum 911
emergency telephone service, plus administrative and staffing
costs of the department of administration related to managing
the 911 emergency telephone service program.
(b) The fee may not be less than eight cents nor more than
30 cents a month for each customer access line, including trunk
equivalents as designated by the public utilities commission for
access charge purposes. The fee must be the same for all
customers.
(c) The fee must be collected by each utility providing
local exchange telephone service. Fees are payable to and must
be submitted to the commissioner of administration monthly
before the 25th of each month following the month of collection,
except that fees may be submitted quarterly if less than $250 a
month is due, or annually if less than $25 a month is due.
Receipts must be deposited in the state treasury and credited to
a 911 emergency telephone service account in the special revenue
fund.
(d) The commissioner of administration, with the approval
of the commissioner of finance, shall establish the amount of
the fee within the limits specified and inform the utilities of
the amount to be collected. Utilities must be given a minimum
of 45 days notice of fee changes.
Sec. 175. Minnesota Statutes 1986, section 462A.05, is
amended by adding a subdivision to read:
Subd. 28. [GRANTS FOR HOUSING FOR LOW INCOME PERSONS
LIVING ALONE.] The agency may make grants for residential
housing to be used by low income persons living alone whose
annual gross income does not exceed 150 percent of the poverty
line as updated by the United States Office of Management and
Budget. The grants may be made to cities, joint powers boards
established by two or more cities, housing and redevelopment
authorities created under sections 462.415 to 462.705, or
nonprofit entities as defined by the agency. The occupants of
the residential housing must be offered a written lease that
complies with section 325G.31, offers the occupants the option
to renew, and prohibits eviction of an occupant without good
cause. Grants under this subdivision must not exceed 50 percent
of the development costs for the residential housing, and must
not be made for any residential housing that requires the
occupants to accept board as well as lodging. In making grants,
the agency shall determine the circumstances, terms, and
conditions under which all or part of the grant will be repaid
and the appropriate security if repayment is required.
Sec. 176. Minnesota Statutes 1986, section 462A.21, is
amended by adding a subdivision to read:
Subd. 4k. [HOUSING DEVELOPMENT FUND.] The agency may make
grants for residential housing for low income persons under
section 176 from funds specifically appropriated by the
legislature for that purpose and may pay the costs and expenses
for the development and operation of the program.
Sec. 177. Minnesota Statutes 1986, section 473.351, is
amended by adding a subdivision to read:
Subd. 6. [RESTRICTION.] A metropolitan area regional park
receiving grant money for maintenance and operation costs must
agree:
(1) to sell or promote licenses, passes, or registrations
required to engage in recreational activities appropriate to the
park or the site of the park when a building on the park site is
staffed and open to the public; and
(2) to provide drinking water supplies adequate for the
recreational uses of the park. Each implementing agency must
consult with groups representing users of its parks to determine
the adequacy of drinking water supplies.
Sec. 178. Minnesota Statutes 1986, section 480.15, is
amended by adding a subdivision to read:
Subd. 12. The court administrator shall review plans
submitted by a judicial district for office equipment under
section 484.68, subdivision 3, clause (e), and shall determine
eligibility for state funding or reimbursement for the equipment.
Sec. 179. [480.236] [SOFTWARE SALES.]
The supreme court may sell or license self-developed or
vendor custom-developed computer software products or systems
through whatever sales method the supreme court, in its
discretion, deems appropriate, in order to offset its software
development costs. Prices for the software products or systems
may be based on market considerations. Proceeds of the sale or
licensing of software products or systems by the supreme court
must be deposited in the state treasury and credited to a
software sales account. Investment income and investment losses
attributable to investment of the software sales account must be
credited to the account. Money in the account is appropriated
to the supreme court to operate and improve the trial court
information system and other court information systems.
Sec. 180. Minnesota Statutes 1986, section 480.241, is
amended to read:
480.241 [FILING FEE SURCHARGE IN CIVIL ACTIONS.]
Subdivision 1. [AMOUNT OF SURCHARGE; COLLECTION BY COURT
ADMINISTRATORS.] A plaintiff, petitioner, defendant, respondent,
intervenor or moving party in any district, county or municipal
court civil action or civil proceeding in which an initial
filing fee is payable by that party, except a marriage
dissolution or conciliation court action, shall pay to the court
administrator of district or county court or court administrator
of the municipal courts of Hennepin county or Ramsey county a
surcharge of $10 in addition to the initial filing fee otherwise
prescribed. For such a civil action or civil proceeding
commenced on and after July 1, 1987, the surcharge is $20. A
plaintiff, defendant or moving party in any conciliation court
action in which an initial filing fee is payable shall pay to
the court administrator of conciliation court a surcharge
of $1 $2 in addition to the initial filing fee otherwise
prescribed. Notwithstanding any other law or rule to the
contrary, no surcharge shall be paid by any governmental unit of
the state of Minnesota, any local unit of government, or agency
thereof, when the governmental unit, local government, or agency
thereof is a party to any civil action or civil proceeding in
the municipal courts of Hennepin or Ramsey counties, or in any
county court.
Subd. 2. [TRANSMITTAL OF SURCHARGE TO SUPREME COURT.]
Notwithstanding any other law or rule to the contrary, all
surcharges collected pursuant to subdivision 1 shall be
transmitted monthly by the district, county and conciliation
court court administrators and municipal court administrators to
the supreme court for deposit in a legal services account in the
special revenue fund. After June 30, 1989, two-thirds of the
surcharge must be deposited in the legal services account in the
special revenue fund and one-third must be deposited in the
software sales account under section 480.236.
Sec. 181. [480.245] [JUDICIAL FEE IN CIVIL ACTIONS AND
CONCILIATION COURTS.]
Subdivision 1. [AMOUNT OF FEE; COLLECTION BY COURT
ADMINISTRATORS.] A plaintiff, petitioner, defendant, respondent,
intervenor, or moving party in a civil action or civil
proceeding in which an initial filing fee is payable by that
party, except a marriage dissolution or conciliation court
action, shall pay to the court administrator a judicial fee of
$5 in addition to the civil surcharge and the initial filing fee
otherwise prescribed under section 480.241. A plaintiff,
defendant, or moving party in a conciliation court action in
which an initial filing fee is payable shall pay to the court
administrator a judicial fee of $1 in addition to the civil
surcharge and the initial filing fee otherwise prescribed. A
fee need not be paid by a governmental unit of the state of
Minnesota, a local unit of government, or an agency of those
units, when the governmental unit, local government, or agency
is a party to a civil action or civil proceeding.
Subd. 2. [TRANSMITTAL OF RECEIPTS.] Fees collected under
subdivision 1 must be paid to the state treasurer, deposited in
the state treasury, and credited to the general fund.
Sec. 182. Minnesota Statutes 1986, section 480A.08,
subdivision 3, is amended to read:
Subd. 3. [DECISIONS.] A decision shall be rendered in
every case within 90 days after oral argument or after the final
submission of briefs or memoranda by the parties, whichever is
later. The chief justice or the chief judge may waive the
90-day limitation for any proceeding before the court of appeals
for good cause shown. In every case, the decision of the court,
including any written opinion containing a summary of the case
and a statement of the reasons for its decision, shall be
indexed and made readily available. The court of appeals may
publish only those decisions that:
(1) establish a new rule of law;
(2) overrule a previous court of appeals' decision not
reviewed by the supreme court;
(3) provide important procedural guidelines in interpreting
statutes or administrative rules;
(4) involve a significant legal issue; or
(5) would significantly aid in the administration of
justice.
Unpublished opinions of the court of appeals are not
precedential. Unpublished opinions must not be cited unless the
party citing the unpublished opinion provides a full and correct
copy to all other counsel at least 48 hours before its use in
any pretrial conference, hearing, or trial. If cited in a brief
or memorandum of law, a copy of the unpublished opinion must be
provided to all other counsel at the time the brief or
memorandum is served, and other counsel may respond.
Sec. 183. [481.20] [CLIENT SECURITY ACCOUNT.]
Fees received under rules or orders adopted by the supreme
court governing a client security fund or account must be
deposited in the state treasury and credited to a client
security account. Investment income and investment losses
attributable to investment of the client security account must
be credited to the account. Money in the account is
appropriated to the supreme court to pay the expenses of the
client security board and claims approved by the board.
Sec. 184. Minnesota Statutes 1986, section 484.68,
subdivision 3, is amended to read:
Subd. 3. [DUTIES.] The district administrator shall:
(a) Assist the chief judge in the performance of
administrative duties;
(b) Manage the administrative affairs of the courts of the
judicial district;
(c) Supervise the court administrators and other support
personnel, except court reporters, who serve in the courts of
the judicial district;
(d) Comply with the requests of the state court
administrator for statistical or other information relating to
the courts of the judicial district; and
(e) With the approval of the chief judge, determine the
needs of the judges of the district for office equipment
necessary for the effective administration of justice and
develop a plan to make the equipment available to the judges of
the district; the plan must be submitted to the state court
administrator for approval and determination of eligibility for
state funding under section 480.15, subdivision 12; and
(f) Perform any additional duties that are assigned by law
or by the rules of court.
Sec. 185. Minnesota Statutes 1986, section 484.68,
subdivision 5, is amended to read:
Subd. 5. [BUDGET FOR OFFICE.] The office budget of the
district administrator shall be set by the chief judge of the
judicial district and apportioned among the counties of the
district. The budget must include sufficient money for the
staff authorized by this section and other staff and expenses
authorized under law.
Sec. 186. [484.74] [ALTERNATIVE DISPUTE RESOLUTION.]
Subdivision 1. [AUTHORIZATION.] In litigation involving an
amount in excess of $50,000 in controversy, the presiding judge
may, by order, direct the parties to enter nonbinding
alternative dispute resolution. Alternatives may include
private trials, neutral expert fact-finding, mediation,
mini-trials, and other forms of alternative dispute resolution.
The guidelines for the various alternatives must be established
by the presiding judge and must emphasize early and inexpensive
exchange of information and case evaluation in order to
facilitate settlement.
Subd. 2. [NEUTRAL; APPOINTMENT; REMOVAL.] The judge shall
appoint an impartial third-party neutral to conduct all
proceedings held under subdivision 1. A party may file with the
judge within five days of the notice of appointment of a neutral
and serve on all other parties to the action a notice to remove
the neutral. Upon receipt of the notice to remove, the judge
shall assign another neutral. After a party has once
disqualified a neutral as a matter of right, a substitute
neutral may be disqualified by the party only by making an
affirmative showing of prejudice to the judge.
Subd. 3. [FEES.] Subject to chapter 563, the neutral's
fees and expenses must be borne by the parties on a basis
determined to be fair and equitable by the presiding judge.
Subd. 4. [APPLICATION.] This section applies only to the
fourth judicial district, which will serve as a pilot project to
evaluate the effectiveness of alternative forms of resolving
commercial and personal injury disputes. The state court
administrator shall evaluate the pilot project and report the
findings to the chairs of the house and senate judiciary
committees by January 15, 1989.
Sec. 187. Minnesota Statutes 1986, section 540.152, is
amended to read:
540.152 [SERVICE OF PROCESS ON UNIONS, GROUPS OR
ASSOCIATIONS.]
The transaction of any acts, business or activities within
the state of Minnesota by any officer, agent, representative,
employee or member of any union or other groups or associations
having officers, agents, members or property without the state
on behalf of the union or other groups or associations or any of
its members or affiliated local unions shall be deemed an
appointment by the union or other groups or associations of the
secretary of state of the state of Minnesota to be the true and
lawful attorney of the union or other groups or associations,
upon whom may be served all legal processes or notices in any
action or proceeding against or involving the union or other
groups or associations growing out of any acts, business or
activities within the state of Minnesota resulting in damage or
loss to person or property or giving rise to any cause of action
under the laws of the state of Minnesota or to any matters or
proceedings arising under the Minnesota Labor Relations Act.
Such acts, business or activities shall be a signification of
the agreement of the union or other groups or associations and
its members that any process or notice in any action, matter or
proceeding against or involving it, which is so served, shall be
of the same legal force and validity as if served upon the union
or other groups or associations and its members personally.
Service of process or notice shall be made by filing a copy
thereof in the office of the secretary of state, together with
payment of a fee of $15 $25 and together with an affidavit
stating that no officer or managing agent of the union or other
group or association has been found in this state and setting
forth an address to which the service shall be forwarded. The
service shall be sufficient service upon the union or other
groups or associations and its members. Notice of service and a
copy of the process or notice shall, within ten days thereafter,
be sent by mail by the person who caused it to be served on the
union or other groups or associations at its last known address
and an affidavit of compliance with the provisions of this
chapter shall be filed with the court or other state agency or
department before which the action, matter, or proceeding is
pending.
Sec. 188. Minnesota Statutes 1986, section 543.08, is
amended to read:
543.08 [SUMMONS, SERVICE UPON CERTAIN CORPORATIONS.]
If a private domestic corporation has no officer at the
registered office of the corporation within the state upon whom
service can be made, of which fact the return of the sheriff of
the county in which that office is located, or the affidavit of
a private person not a party, that none can be found in that
county shall be conclusive evidence, service of the summons upon
it may be made by depositing two copies, together with a fee
of $15 $25 with the secretary of state, which shall be deemed
personal service upon the corporation. One of the copies shall
be filed by the secretary, and the other forthwith mailed by the
secretary to the corporation by certified mail, if the place of
its main office is known to the secretary or is disclosed by the
files in the office.
If the defendant is a foreign insurance corporation, the
summons may be served by two copies delivered to the
commissioner of commerce, who shall file one in the
commissioner's office and forthwith mail the other postage
prepaid to the defendant at its home office.
Sec. 189. Minnesota Statutes 1986, section 609.101, is
amended to read:
609.101 [SURCHARGE ON FINES, ASSESSMENTS; MINIMUM FINES.]
Subdivision 1. [SURCHARGES AND ASSESSMENTS.] When a court
sentences a person convicted of a felony, gross misdemeanor, or
misdemeanor, other than a petty misdemeanor such as a traffic or
parking violation, and if the sentence does not include payment
of a fine, the court shall impose an assessment of not less than
$25 nor more than $50. If the sentence for the felony, gross
misdemeanor, or misdemeanor includes payment of a fine of any
amount, including a fine of less than $100, the court shall
impose a surcharge on the fine of ten percent of the fine. This
section applies whether or not the person is sentenced to
imprisonment and when the sentence is suspended. The court may,
upon a showing of indigency or undue hardship upon the convicted
person or the person's immediate family, not waive payment or
authorize payment of the assessment or surcharge in installments
unless it makes written findings on the record that the
convicted person is indigent or that the assessment or surcharge
would create undue hardship for the convicted person or that
person's immediate family; however, if the court waives payment
or authorizes payment in installments, it shall state in writing
on the record the reasons for its action. If the court fails to
waive or impose an assessment required by this section, the
court administrator shall correct the record to show imposition
of an assessment of $25 if the sentence does not include payment
of a fine, or if the sentence includes a fine, to show an
imposition of a surcharge of 10 percent of the fine.
Except for assessments and surcharges imposed on persons
convicted of violations described in section 97A.065,
subdivision 2, the court shall collect and forward to the
commissioner of finance the total amount of the assessment or
surcharge and the commissioner shall credit all money so
forwarded to a crime victim and witness account, which is
established as a special account in the state treasury.
Money credited to the crime victim and witness account may
be appropriated for but is not limited to the following purposes:
(1) use for crime victim reparations under sections 611A.51
to 611A.68;
(2) use by the crime victim and witness advisory council
established under section 611A.71; and
(3) to supplement the federally funded activities of the
crime victim ombudsman under section 611A.74.
If the convicted person is sentenced to imprisonment, the
chief executive officer of the correctional facility in which
the convicted person is incarcerated may collect the assessment
or surcharge from any earnings the inmate accrues for work
performed in the correctional facility and forward the amount to
the commissioner of finance, indicating the part that was
imposed for violations described in section 97A.065, subdivision
2, which must be credited to the game and fish fund.
Subd. 2. [MINIMUM FINES.] Notwithstanding any other law:
(1) when a court sentences a person convicted of violating
section 609.221, 609.267, or 609.342, it must impose a fine of
not less than $500 nor more than the maximum fine authorized by
law;
(2) when a court sentences a person convicted of violating
section 609.222, 609.223, 609.2671, 609.343, 609.344, or
609.345, it must impose a fine of not less than $300 nor more
than the maximum fine authorized by law; and
(3) when a court sentences a person convicted of violating
section 609.2231, 609.224, or 609.2672, it must impose a fine of
not less than $100 nor more than the maximum fine authorized by
law.
The court may not waive payment of the fine or authorize
payment of it in installments unless the court makes written
findings on the record that the convicted person is indigent or
that the fine would create undue hardship for the convicted
person or that person's immediate family.
The court shall collect the minimum fine mandated by this
subdivision and forward 70 percent of it to a local victim
assistance program that provides services locally in the county
in which the crime was committed. The court shall forward the
remaining 30 percent to the commissioner of finance to be
credited to the crime victim and witness account established in
subdivision 1. If more than one victim assistance program
serves the county in which the crime was committed, the court
may designate on a case-by-case basis which program will receive
the fine proceeds, giving consideration to the nature of the
crime committed, the types of victims served by the program, and
the funding needs of the program. If no victim assistance
program serves that county, the court shall forward 100 percent
of the fine proceeds to the commissioner of finance to be
credited to the crime victim and witness account. Fine proceeds
received by a local victim assistance program must be used to
provide direct services to crime victims. Fine proceeds
credited to the crime victim and witness account may be
appropriated to the crime victim and witness advisory council,
and the council may use all or part of the proceeds for the
purpose of providing grants to establish new victim assistance
programs.
The minimum fine required by this subdivision is in
addition to the surcharge or assessment required by subdivision
1, and is in addition to any term of imprisonment or restitution
imposed or ordered by the court.
As used in this subdivision, "victim assistance program"
means victim witness programs within county attorney offices or
any of the following programs approved by the department of
corrections: crime victim crisis centers, victim-witness
programs, battered women shelters and nonshelter programs, and
sexual assault programs.
Sec. 190. Minnesota Statutes 1986, section 626.861,
subdivision 4, is amended to read:
Subd. 4. [PEACE OFFICERS TRAINING ACCOUNT.] Receipts from
penalty assessments must be credited to a peace officers
training account in the special revenue fund. Money credited to
the peace officers training account may be appropriated for but
not limited to the following purposes, among others:
(a) Up to ten percent may be provided for reimbursement to
board approved skills courses in proportion to the number of
students successfully completing the board's skills licensing
examination.
(b) Assessments related to violations described in section
97.49, subdivision 5, are appropriated to provide peace officer
training for persons employed by the commissioner of natural
resources who are licensed under section 626.84, subdivision 1,
clause (c), and who possess peace officer authority for the
purpose of enforcing game and fish laws.
(c) The balance may be used to pay each local unit of
government an amount in proportion to the number of licensed
peace officers and constables employed, at a rate to be
determined by the board. The disbursed amount must be used
exclusively for reimbursement of the cost of in-service training
required under this chapter and chapter 214.
Sec. 191. [REPEALERS.]
Subdivision 1. Minnesota Statutes 1986, sections 3.099,
subdivision 2; 3.9226, subdivision 8; 6.495, subdivision 2;
15A.081, subdivision 6; 15A.082, subdivision 5; 15A.083,
subdivision 1; 92.67, subdivision 6; 116J.87; and 296.421,
subdivision 5a are repealed.
Subd. 2. Minnesota Statutes 1986, section 473.351,
subdivision 5, is repealed effective the day following final
enactment.
Sec. 192. [EFFECTIVE DATES.]
Subdivision 1. Section 89 is effective July 1, 1987,
provided the commissioner shall not implement the program until
the legislature appropriates the necessary funds.
Subd. 2. (a) The additional judgeships authorized for
judicial districts in section 59 are established as follows:
(1) one judgeship in the first judicial district, three
judgeships in the fourth judicial district, and one judgeship in
the tenth judicial district are effective on July 1, 1987;
(2) one judgeship in the first judicial district, three
judgeships in the fourth judicial district, and one judgeship in
the tenth judicial district are effective on July 1, 1988;
(3) one judgeship in the sixth judicial district is
effective on January 1, 1989, and one judicial officer position
in the sixth judicial district is terminated upon the
appointment of a judge to fill this judgeship;
(4) one judgeship in the first judicial district, three
judgeships in the fourth judicial district, one judgeship in the
seventh judicial district, and one judgeship in the tenth
judicial district are effective on July 1, 1989, if an
appropriation is made; and
(5) one judgeship in the first judicial district, two
judgeships in the fourth judicial district, and one judgeship in
the tenth judicial district is effective on July 1, 1990, if an
appropriation is made.
(b) Section 180 is effective on July 1, 1987.
Subd. 3. Except as provided in this section, sections 96,
and 120 to 132 are effective for the licensing year beginning
March 1, 1988, and for each licensing year after that date. The
24 hour resident and nonresident angling licenses and the
nonresident married couple license are effective beginning June
1, 1987, and for each licensing year after that date.
Subd. 4. Sections 51, 63, 149, 178, 185, and 186 are
effective the day following final enactment. The repeal of
Minnesota Statutes 1986, section 473.351, subdivision 5, is
effective the day following final enactment. Section 147 is
effective June 1, 1988.
Approved June 12, 1987
Official Publication of the State of Minnesota
Revisor of Statutes