Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1988, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1988
CHAPTER 686-H.F.No. 2344
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 fees; authorizing suburban Hennepin regional
park district to acquire land for Lake Minnetonka
regional park without local consent; amending
Minnesota Statutes 1986, sections 3.9223, subdivision
5; 3.9225, subdivision 5; 3.9226, subdivision 5;
10A.01, by adding a subdivision; 10A.25, subdivision
10; 10A.31, subdivision 5; 14.07, subdivisions 1 and
2; 14.47, subdivision 8; 15A.082, subdivision 3;
16B.24, subdivisions 9 and 10; 17.105, subdivision 4;
18.191; 85.012, by adding a subdivision; 89.001, by
adding a subdivision; 89.01, by adding a subdivision;
89.19; 116.18, by adding a subdivision; 116.48, by
adding subdivisions; 116J.615, by adding a
subdivision; 222.63, subdivisions 2 and 4; 296.16, by
adding a subdivision; 296.421, by adding a
subdivision; and 611.215, by adding a subdivision;
Minnesota Statutes 1987 Supplement, sections 3.885;
3C.035, subdivision 2; 3C.11, subdivision 2; 3C.12,
subdivision 7; 8.15; 14.08; 41A.065, subdivision 8;
43A.08, subdivision 1a; 85.055, subdivision 1; 105.44,
subdivision 10; 115C.02, subdivision 13; 116C.712,
subdivision 5; 116J.941, subdivision 1; 116J.966,
subdivision 1; 116O.03, subdivision 2; 116O.04,
subdivision 1; 116O.06, subdivision 1; 161.52; 480.236;
480.241, subdivision 2; and 611.24; Laws 1985, First
Special Session chapter 15, section 4, subdivision 6;
Laws 1986, chapter 441, section 14; Laws 1987, chapter
348, section 48, subdivision 3; Laws 1987, chapter
357, section 27, subdivision 2; and Laws 1987, chapter
404, sections 20, subdivision 6; and 22, subdivision
4; proposing coding for new law in Minnesota Statutes,
chapters 4; 89; and 115C; repealing Minnesota Statutes
1986, sections 3C.055; 3C.057; 5.13; 10A.32,
subdivision 3b; and 16A.625; and Laws 1987, chapter
358, section 31.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
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 "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, 1988, or June 30, 1989,
respectively.
SUMMARY BY FUND
1988 1989 TOTAL
General $ 3,542,600 $18,495,900 $22,038,500
Special Revenue 519,300 1,006,900 1,526,200
Game and Fish 95,000 -0- 95,000
Workers' Compensation 135,000 -0- 135,000
Metro Landfill
Abatement 8,500 40,800 49,300
Metro Landfill
Contingency 8,500 40,800 49,300
Water Pollution
Control 50,000 100,000 150,000
TOTAL $ 4,358,900 $19,684,400 $24,043,300
APPROPRIATIONS
Available for the Year
Ending June 30
1988 1989
$ $
Sec. 2. LEGISLATURE
(a) Legislative Coordinating Commission 60,000
This appropriation is added to the
appropriation in Laws 1987, chapter
404, section 2, and shall be used to
pay the dues associated with the state
of Minnesota's membership in the
National Conference of State
Legislatures State and Local Legal
Center. Any unencumbered balance at
the end of the first year shall be
available for the second year.
(b) Legislative Auditor 100,000
This appropriation is to cover the cost
of auditing the University of
Minnesota's physical plant operations.
The University of Minnesota is liable
to the legislative auditor for the
total cost and expenses of the audit,
including the salaries paid to the
examiners while actually engaged in
making the examination. The
legislative auditor shall bill the
university either monthly or at the
conclusion of the audit. Collections
received for the audits must be
credited to the general fund to
reimburse it for this appropriation.
The office of the legislative auditor
program evaluation division shall
conduct an evaluation of the Minnesota
housing finance agency's programs. The
study shall include, but not be limited
to, an evaluation of the criteria used
to qualify potential buyers as low
income. The auditor shall prepare a
report for presentation to the
legislature by January 1, 1989,
indicating its findings, observations,
and recommendations relative to the
agency's ability to meet the current
demand for low income housing.
Sec. 3. SUPREME COURT
(a) Trial Courts Information System 133,400 387,800
(b) Study of Tape Recording 25,000
The supreme court administrator shall
study and report to the legislature by
January 1, 1989, on the costs and
benefits to litigants of the use of
video or audio tape recording of civil
litigation and administrative hearings
instead of stenotype and transcription
recordings of those proceedings. The
study shall also include the equipment
cost recovery of alternative recording
systems.
(c) Family Farm Legal Assistance
The report submitted by each family
farm legal assistance provider to the
supreme court and the legislature by
January 15, 1989, under Minnesota
Statutes, section 480.256, shall
include a plan to prioritize the legal
assistance provided to family farmers
under Minnesota Statutes, sections
480.250 to 480.254, and to recommend
which services to continue. The report
must also include alternative plans to
provide all or part of the family farm
legal assistance from nonstate money.
Sec. 4. BOARD OF PUBLIC
DEFENSE
(a) Space Rental 15,000
This appropriation is for rental of
office space and is added to the
appropriation in Laws 1987, chapter
404, section 7.
(b) Intergovernmental Relations 55,000
The person hired for this position
shall be knowledgeable in criminal
defense procedures and criminal defense
investigation. The new position shall
include in its duties the provision of
counsel on legislative proposals during
legislative sessions. The state public
defender, at the request of the
administrator, shall fully cooperate
with and assist the administrator with
respect to these duties.
The approved complement of the board of
public defense is increased by one in
fiscal year 1989.
Sec. 5. GOVERNOR
Office of Jobs Policy 115,000
The office of jobs policy must be
transferred to the governor's office
and remain there and is not subject to
further transfer under Minnesota
Statutes, section 16B.37.
Sec. 6. ADMINISTRATION
(a) 911 Emergency Telephone Service 119,300 488,900
This appropriation is from the special
revenue fund and is added to the
appropriation in Laws 1987, chapter
404, section 16, subdivision 3.
(b) System Architecture Conference 12,000
This appropriation is to the
information policy office to plan and
conduct a system architecture
conference for legislators and key
executive branch personnel. This
appropriation is an addition to the
appropriation in Laws 1987, chapter
404, section 16, subdivision 3.
(c) Distributive Computing Study 150,000
This appropriation is to establish not
less than three experimental computer
centers to demonstrate the
effectiveness of a distributive
computing model for a wide range of
computer applications in the field of
education, including financial and
student management. No district may
apply for less than $20,000 or more
than $50,000 for the purposes of this
program. For the purposes of this
section, the reporting requirements of
section 121.936, subdivision 1, and the
data standards of section 121.932,
subdivision 5, must be maintained, but
all other requirements, except
financial obligations, will be waived.
The information policy office will
evaluate the experimental centers,
prepare a study, and report to the
legislature by January 1, 1990, making
recommendations concerning the
feasibility of expanding the concept of
individual computer centers statewide.
This appropriation is added to the
appropriation in Laws 1987, chapter
404, section 16, subdivision 3.
(d) Interactive Technologies 20,000
This appropriation is to the
information policy office to
facilitate, with technical expertise,
efforts to move the legislature towards
the usage of more interactive
technologies. The information policy
office will draft a plan to improve
citizen input and to improve the
efficiency and operations of the
legislature. This appropriation is
added to the appropriation in Laws
1987, chapter 404, section 16,
subdivision 3.
(e) Twin Cities Regional Cable 40,000
This appropriation is for a grant to
Twin Cities Regional Cable Channel,
Inc. for programming. $20,000 of this
grant is to be matched dollar for
dollar from contributions from nonstate
sources. $20,000 of the grant is to be
used for legislative programming. All
legislative programming done under this
grant must be accessible to local cable
stations at cost of video tape for
distribution. This appropriation is
added to the appropriation in Laws
1987, chapter 404, section 16,
subdivision 5.
(f) Soybean Oil Ink Study 2,500
This appropriation is to study the
feasibility of using ink with a soybean
oil base for printing done by the
commissioner, by other state agencies,
and by private vendors under contract
to agencies in all branches of state
government. The study must include the
cost implications to the state of using
ink with a soybean oil base, the types
of printing jobs that can and cannot be
done effectively with this ink, and any
transitional steps that would have to
be taken to implement the use of ink
with a soybean oil base. The
commissioner shall report the results
of the study to the legislature by
January 1, 1989. This appropriation is
to be matched with money from other
nonstate sources. This appropriation
is added to the appropriation in Laws
1987, chapter 404, section 16,
subdivision 5.
(g) Community Service and Volunteer
Initiatives 50,000
The department of administration's
authorized general fund complement is
increased by one position.
This appropriation is added to the
appropriation in Laws 1987, chapter
404, section 16, subdivision 5 and is
only available if the community
services program for school districts
established in article 4, section 4, of
a bill styled as H.F. No. 2245 are
enacted into law. The commissioner
shall ensure that this initiative is
consistent and coordinated with the
volunteer program in that section of
H.F. No. 2245.
The approved complement of the
department of administration is
increased by two special revenue fund
positions in fiscal year 1989.
(h) Study of Leasing Office Space
The commissioner of administration
shall complete phase II of the study
comparing the costs of leasing office
space in privately owned buildings
versus construction of new office
buildings to house state departments
and agencies. This study must include
a report to the legislature by January
1, 1989, that addresses the feasibility
of lease-purchase options, includes
considerations of life-cycle costing,
and provides recommendations for a
state policy relative to housing of
state offices in the twin cities
metropolitan area.
(i) Surplus Property
The commissioner shall study the
feasibility of making state surplus
property from the departments of
transportation, corrections, natural
resources, and public safety available
to Indian communities at no cost and
shall report the findings, including an
evaluation of the program currently
being conducted in the department of
natural resources, to the legislature
by January 1, 1989.
(j) Capitol Space Planning 350,000
This appropriation is to plan for the
use of senate space in the capitol
building.
(k) State Office Building 75,000
This appropriation is to install
computer cabling and a telephone system
for senate offices in the state office
building.
(l) Capitol Restoration 220,000
This appropriation is to fix the
leaking dome under the roof of the
capitol.
(m) Rent Differential 1,711,000
This appropriation is for the increased
rent differential associated with the
department of human services office
relocation and consolidation and lost
rental income associated with the
department of revenue's office
relocation.
The legislature estimates that $450,000
of this appropriation will be offset by
general fund nondedicated receipts from
the federal government.
Sec. 7. CAPITOL AREA
ARCHITECTURAL AND PLANNING BOARD
Landscaping and Parking Improvements 675,000
Any unencumbered balance remaining
after the first year does not cancel
and is available for the second year.
Sec. 8. FINANCE
Gas Tax Refunds
Until June 30, 1989, refunds received
from the federal government for excise
taxes paid on motor vehicle fuels are
appropriated, in the year the refund is
received, to the state agency that paid
the tax.
Sec. 9. EMPLOYEE RELATIONS
(a) Public Employees' Insurance Plan 116,000
This appropriation is added to the
appropriation for the same purpose in
Laws 1987, chapter 404, section 19,
subdivision 5, and is likewise
repayable within five years.
The approved complement of the
department of employee relations is
increased by four positions in fiscal
year 1989.
(b) Health Insurance Costs 6,450,000
This appropriation is from the general
fund for transfer to the employee
insurance trust fund.
$4,593,300 is appropriated in fiscal
year 1989 from the funds from which
salaries are paid, other than the
general fund, for transfer to the
employee insurance trust fund. The
commissioner of finance shall allocate
this appropriation among the several
funds in proportion to the health
insurance costs that are otherwise paid
from each fund. If the balance in a
fund is insufficient to support this
additional appropriation without
requiring any layoffs or reductions in
any other appropriation from the fund,
the commissioner of finance shall
submit a request to the 1989 regular
session to cover the deficiency with an
appropriation from the general fund.
The regents of the University of
Minnesota shall pay $3,956,700 from
money previously appropriated for
operations and maintenance of the
university to the commissioner of
employee relations for credit to the
employee insurance trust fund.
(c) Dependent Care Expenses
Until June 30, 1989, the commissioner
of employee relations may use FICA
savings generated from the dependent
care expense account program to pay for
the administrative costs of the program.
(d) Managers Plan
Notwithstanding Laws 1987, chapter 404,
section 43, subdivision 2, within the
provisions of the managerial plan
approved under Minnesota Statutes,
section 43A.18, an agency may not
exceed a four percent average for
aggregate performance increases for its
managers.
Sec. 10. REVENUE
(a) Charitable Gambling Tax Enforcement 194,300
This appropriation is added to the
appropriation for tax compliance in
Laws 1987, chapter 404, section 20,
subdivision 6.
The approved complement of the
department of revenue is increased by
four positions in fiscal year 1989.
(b) Metropolitan Landfill Administration
In fiscal year 1988 $8,500 is
appropriated from the metropolitan
landfill abatement fund and $8,500 is
appropriated from the metropolitan
landfill contingency action fund to the
department of revenue for the purpose
of reimbursing the department for costs
incurred by the department in
administering Minnesota Statutes,
section 473.843, during fiscal year
1988.
$40,800 in fiscal year 1989 is
appropriated from the metropolitan
landfill contingency action fund and in
fiscal year 1989 $40,800 is
appropriated from the metropolitan
landfill abatement fund to the
department of revenue for the purpose
of administering Minnesota Statutes,
section 473.843.
Sec. 11. NATURAL RESOURCES
(a) Forest Nurseries 400,000 490,000
This appropriation is from the forest
management fund and is added to the
appropriation in Laws 1987, chapter
404, section 22, subdivision 4.
(b) Hybrid Aspen Operational Studies 80,000
This appropriation is added to the
appropriation in Laws 1987, chapter
404, section 22, subdivision 4. Any
unencumbered balance remaining in the
first year does not cancel and is
available for the second year.
(c) Statewide Forest Inventory
and Analysis 270,000
Any unencumbered balance remaining in
the first year does not cancel and is
available for the second year.
(d) Oak Wilt Control
$64,000 appropriated to the
commissioner of natural resources for
oak wilt control in Laws 1987, chapter
404, section 22, subdivision 4, for
fiscal year 1988 does not cancel and is
available for fiscal year 1989.
(e) Thief Lake Wildlife Management Area 50,000
This appropriation is to construct an
observation deck and picnic area at
Thief Lake wildlife management area.
This appropriation is from the general
fund and is an addition to the funds
appropriated in Laws 1987, chapter 404,
section 22, subdivision 7.
(f) Red Lake Wildlife Management Area 8,000
This appropriation is to rehabilitate
the Norris Tower picnic site on the Red
Lake wildlife management area. This
appropriation is added to the
appropriation in Laws 1987, chapter
404, section 22, subdivision 7.
(g) Rochester Wildlife Lands
The commissioner shall study and report
to the legislature by January 1, 1989,
the feasibility of a land exchange with
Olmsted county for the wildlife lands
located adjacent to the former
Rochester State Hospital facility.
(h) Tettegouche Camp Buildings 20,000
This appropriation is added to the
appropriation in Laws 1987, chapter
404, section 22, subdivision 5, and
must be used to conduct a study and
report to the legislature by January 1,
1989, on alternative uses for the
"Tettegouche Camp Buildings." The
study must address the costs associated
with each of the alternatives
identified, including ongoing use of
buildings.
(i) Paul Bunyan Trail 35,000
This appropriation is for a lease
purchase agreement and for safety
purposes on the abandoned Burlington
Northern railroad line between Baxter
and Bemidji, Minnesota designated as
the Paul Bunyan Trail by an act styled
as H.F. No. 2155. This appropriation
is added to the appropriation in Laws
1987, section 22, subdivision 6.
(j) Willard Munger Trail
Notwithstanding Minnesota Statutes,
section 344.03, subdivision 1, as part
of the settlement of a property line
dispute on the Hinckley to Moose Lake
segment of the Minnesota-Wisconsin
Boundary State Trail (Willard Munger
State Trail), the commissioner shall
fence the state property boundary line
located in T41N, R21W, section 13 in
SE1/4 and NE1/4 of the SW1/4.
(k) Hill-Annex Mine State Park 298,000
$270,000 of this appropriation is for
pumping costs, including the purchase
and installation of pumps, pipelines,
and associated facilities. The
commissioner of natural resources may
seek additional matching money from
organizations having access to
historical preservation money to
complement this appropriation. The
commissioner of natural resources shall
prepare a financial report on the use
of this appropriation for the chairs of
the house appropriations and senate
finance committees no later than
January 1, 1990.
$28,000 of this appropriation is from
the state parks maintenance and
operations account in the special
revenue fund. The approved complement
of the department of natural resources
is increased by two positions.
(l) Conservation Officer Salaries 109,200
$95,000 is appropriated from the game
and fish fund in fiscal year 1988 and
$14,200 is appropriated from the
general fund in fiscal year 1988 and is
added to the appropriation in Laws
1987, chapter 404, section 22,
subdivision 8, and is to be used to
fund salary range compression for
conservation officers resulting from an
arbitration award. Any unencumbered
balance for the first year shall be
made available for the second year.
Should the department be faced with
holding conservation officer positions
vacant because of funding constraints
as a result of this arbitration, the
department shall consider such factors
as population density, enforcement
issues, intensity of public use, and
impact on the state's efforts to
protect the state's natural resources
in determining which positions will be
held vacant. Beginning July 1, 1989,
and after consideration of the report
required by Laws 1987, chapter 404,
section 58, those positions assigned to
undercover activities shall be assigned
the lowest priority and shall be
eliminated before other conservation
officer positions are held vacant.
(m) Hinckley Trail
The commissioner in cooperation with
the commissioner of the Minnesota
department of transportation shall
study the feasibility of connecting St.
Croix State Park and the Hinckley Trail
via a MNDOT right-of-way and report to
the legislature by January 1, 1989.
(n) Sunken Ships
The commissioner shall study the
feasibility of expanding the boundaries
of Split Rock Lighthouse state park or
another more suitable state park on the
North shore of Lake Superior to include
sunken ships for underwater
interpretation. The study shall
include but not be limited to the legal
ramifications of annexing such a site,
the cost of such an annexation, the
quality of the underwater diving
experience that the site would offer
and a potential timetable for
acquisition. The commissioner shall
report the study to the legislature by
January 1, 1989.
(o) Emergency Firefighting
The amount necessary to pay for
emergency firefighting expenses is
added to the appropriation in Laws
1987, chapter 404, section 22,
subdivision 4. The commissioner shall
submit to the chairs of the senate
finance and house of representatives
appropriations committees by January 1,
1989, a report of firefighting
expenditures, including recommendations
for future funding of this activity.
(p) International Wolf Center 150,000
This appropriation is to be used as a
grant to the International Wolf Center
Committee for a review of the site
selection process and planning and site
preparation of an International Wolf
Center. The review of the site
selection process will be conducted by
a select committee appointed by the
chairs of the house appropriations and
senate finance committees. The
committee shall evaluate the process
used in determining the proposed site
for the Wolf Center and report its
findings to the chairs of the house
appropriations and senate finance
committees no later than January 1,
1989. Any expenses associated with the
select committee's activities shall be
paid from this grant.
(q) Wildlife Development 120,000
This appropriation is for the planning
and engineering work on the visitor
center and office building at Lac Qui
Parle Wildlife Management Area.
Notwithstanding Minnesota Statutes,
chapter 16B, if there are no small
businesses owned or operated by
socially or economically disadvantaged
persons located within 25 miles of this
project site, the commissioner may
award the amount required under
Minnesota Statutes, chapter 16B, for
set-aside procurement for the
construction associated with this
project to other small businesses
within 25 miles of the project site.
Sec. 12. ZOOLOGICAL BOARD
(a) Exotic Species 200,000
This appropriation is for a grant for
the permanent exhibition of an exotic
species that has a high visitor appeal,
will serve to further the education
mission of the zoological garden and
has been exhibited successfully in
other zoos.
(b) Marine Exhibit 1,200,000
This appropriation is for a grant to
the zoological garden for renovation of
the water and filtration systems which
serve the existing beluga whale
facility. None of the grant money may
be released until the zoo board has
completed and submitted to the chair of
the senate finance and chair of the
house appropriations committees a final
construction plan for the renovation of
the beluga whale facility into a marine
exhibit. The final construction plan
must include a detailed plan by the
zoological board for financing the
remainder of the project. If the
financing includes using funds from the
zoological garden's reserve fund, the
financing plan must include a plan for
the replenishing of the reserve fund.
(c) Zoo Hours
The Minnesota zoological garden must be
open to the public without charge for
at least two days each month. However,
the zoo may charge at any time for
special services and for admission to
special facilities for the education,
entertainment, or convenience of
visitors.
(d) Zoo Employees
The classified positions of zoo
development director, zoo animal
program director, zoo operations
director, and senior veterinarian at
the Minnesota zoological garden are
abolished, effective July 1, 1988. The
Minnesota zoological board may create
similar positions in the unclassified
service under Minnesota Statutes,
section 43A.08, subdivision 1a, as
amended by this act.
Sec. 13. POLLUTION CONTROL AGENCY
(a) Upgrading Health Lab 63,000
This appropriation shall be transferred
to the Department of Health for
upgrading laboratory facilities used
for testing water quality samples and
training associated staff. This
appropriation is added to the
appropriation in Laws 1987, chapter
404, section 24, subdivision 2.
(b) Emergency Responders Training Academy 35,000
This appropriation is for a grant to
the Minnesota Emergency Responders
Training Academy for hazardous
materials handling training and is in
addition to the money appropriated in
Laws 1987, chapter 404, section 24,
subdivision 4.
(c) Balance Canceled
$2,500,000 of the unencumbered balance
in the water pollution control fund
must be canceled and transferred to the
general fund on July 1, 1988.
(d) Municipal Litigation Loans 100,000
This appropriation is from the water
pollution control fund for the
municipal litigation loan program
established by this act. Repayments of
the loans shall be credited to the fund.
(e) Non-Ferrous Mineral Strategic
Planning 150,000
Any unencumbered balance remaining in
the first year does not cancel and is
available for the second year.
The approved complement of the
pollution control agency is increased
by three positions.
$23,300 of this appropriation is to the
commissioner of natural resources.
(f) Wastewater Treatment Grants
$6,000,000 of the money appropriated in
Laws 1987, chapter 400, section 7, for
construction of wastewater treatment
facilities grants are for supplemental
grants to those communities that have
received wastewater treatment grants
during the period between October 1,
1984, and September 30, 1987. The
supplemental grants are the first phase
of an attempt to make the grant amounts
awarded to these communities equitable
with the grant amounts awarded to
communities before and after these
dates and must be distributed according
to the conditions established by this
act.
The pollution control agency shall
develop criteria and a selection
process for the distribution of
wastewater treatment facilities grants
for towns and unorganized areas. The
commissioner shall study the lake water
pollution problems associated with
wastewater in those areas and report to
the chairs of the house appropriations
and senate finance committees with
recommendations concerning how to
address these areas before January 2,
1989.
(g) Thompson Township 50,000
This appropriation is from the water
pollution control fund to Thompson
township for planning, development, and
construction of a facility or
facilities to correct water well
contamination. The pollution control
agency must review and approve any
facility or facilities proposed under
this paragraph. Any unencumbered
balance of this appropriation is
available for the construction of
facilities.
Sec. 14. TRADE AND ECONOMIC
DEVELOPMENT
(a) Travel Information Centers 23,000 577,000
Responsibility for operating travel
information centers is transferred
under Minnesota Statutes, section
15.039, from the commissioner of
transportation to the commissioner of
trade and economic development,
effective July 1, 1988. $288,000
appropriated from the trunk highway
fund by Laws 1987, chapter 358, section
2, and ten positions are included in
the transfer. By July 1, 1988, the
director of tourism and the
commissioner of transportation shall
enter into an interagency agreement
outlining the duties, relationships,
and responsibilities for the operation
and maintenance of the travel
information centers. The agreement
must contain, but need not be limited
to, issues of maintenance
responsibility, use of space,
equipment, repairs and betterments, and
grounds and buildings upkeep. A copy
of the agreement must be provided to
the chairs of the senate finance and
house appropriations committees by July
15, 1988.
The metropolitan airports commission
shall establish, fund, maintain, and
operate a travel information center at
the Minneapolis-St. Paul international
airport. The metropolitan airports
commission shall consult with the
office of tourism regarding proper
staffing and information to be provided.
(b) World Trade Center Marketing 50,000
The commissioner of trade and economic
development shall fully implement the
terms and conditions of the interagency
agreement signed with the Minnesota
World Trade Center corporation to
market and schedule the conference and
training center.
This appropriation is added to the
appropriation in Laws 1987, chapter
404, section 26, subdivision 2.
(c) Council on Productivity and Quality
Any unencumbered balance of the
appropriation for the Minnesota council
on productivity and quality for fiscal
year 1988 may be carried forward to
fiscal year 1989.
The purpose of adding three new members
to the Minnesota council on
productivity and quality is to address
the gender imbalance of the council.
(d) Advanced Integrated
Manufacturing Center 500,000
(e) Symposium on International
Technical Innovation and Entrepreneurship 200,000
(f) Celebrate Minnesota 1990 1,000,000
The approved complement of the
department of trade and economic
development is increased by four
positions in fiscal year 1989.
(g) Minnesota Marketplace 350,000
(h) Invention and Innovation 25,000 75,000
This appropriation is for the business
promotion division to contract for the
study and design of a comprehensive,
integrated, invention and innovation
support and marketing system. The
study must examine the feasibility of
locating an invention and innovation
center in the Twin Cities metropolitan
area, with a statewide network
involving Twin Cities' suburban and
greater Minnesota communities. The
design must include an educational
component to encourage greater interest
in innovative and inventive methods.
It must also provide proposals for
linking Minnesota-based invention and
innovation activities with similar
efforts occuring both nationally and
internationally.
An interim report must be submitted to
the legislature by January 15, 1989,
and a final report must be submitted to
the legislature by June 30, 1989.
(i) Mississippi Regional Park 600,000
This appropriation is to the
commissioner of trade and economic
development, who shall provide a grant
to the suburban Hennepin regional park
district and the Minneapolis park and
recreation board in the amounts and at
the times requested jointly by the
district and the board for acquiring
and developing their respective
portions of the Mississippi regional
park.
(j) Motion Picture and Television Board
Notwithstanding Laws 1987, chapter 404,
section 26, subdivision 3, the
appropriation in that subdivision for
the Minnesota motion picture board for
fiscal year 1989 is available upon
receipt by the board of $1 in matching
contributions of money or in kind from
nonstate sources for every $3 provided
by that appropriation.
(k) Great River Road 750,000
This appropriation is for a grant to
the city of Minneapolis to pay
principal and interest due on bonds
issued by the city of Minneapolis for
land acquisition and development for
the Great River Road project along the
central waterfront in downtown
Minneapolis.
The city of Minneapolis may issue
$5,000,000 in general obligation bonds
to acquire and develop land in
connection with the Great River Road
project. The bonds must be issued
before June 30, 1989. Bonds issued
under this authority are not included
in the net debt of the city as defined
in Minnesota Statutes, section 475.51,
subdivision 4.
Upon certification by the city of
Minneapolis to the commissioners of
finance and pollution control that the
city has issued $3,500,000 in bonds
under this authority, any current or
future repayments required by Minnesota
Statutes, section 116.162, subdivision
6, are canceled.
(l) Como Park Conservatory 800,000
This appropriation is for a grant to
the city of St. Paul to pay principal
and interest due on bonds issued by the
city to remodel and refurbish the Como
Park conservatory.
The city of St. Paul may issue up to
$5,000,000 in general obligation bonds
to remodel and refurbish the Como Park
conservatory. The bonds must be issued
before June 30, 1989. The city may
also issue up to $5,500,000 in general
obligation bonds to reconstruct Shepard
road and Warner road. The bonds must
be issued before December 31, 1992.
None of the bond proceeds may be used
to develop a grade-separated
interchange at the intersection of
Shepard and Chestnut roads. The bonds
must be issued under Minnesota
Statutes, chapter 475, except that the
bonds are not subject to its election
requirements or debt limits. Bonds
issued under this authority are not
included in the net debt of the city as
defined in Minnesota Statutes, section
475.51, subdivision 4.
Upon certification by the city of St.
Paul to the commissioners of finance
and pollution control that the city has
issued $10,500,000 in bonds under this
authority, any current or future
repayments required by Minnesota
Statutes, section 116.162, subdivision
6, are canceled.
(m) Trout Lake 50,000
This appropriation is for a grant to a
nonprofit association or fraternal
organization for the acquisition of a
park on land formerly owned by United
States steel corporation on Trout Lake
in Itasca county.
(n) Trade Model
$15,000 of the fiscal year 1989
appropriation under Laws of Minnesota
1987, chapter 404, section 26,
subdivision 9, is available to the
commissioner for the costs of
administering the contract for
consultant services for development of
the trade model.
(o) Economic Recovery Grants
Up to $800,000 of the appropriation for
economic recovery grants is available
for projects located within the
geographic boundaries of at least one
of four or more local units of
government acting under a joint powers
agreement under the cooperative
secondary facilities grant act. A
municipality located in a local unit
acting under a joint powers agreement
must apply for a grant. Applications
must be made to the commissioner of
trade and economic development.
Notwithstanding Minnesota Statutes,
section 116J.873, a grant under this
subdivision may be for more than
$500,000 and a specific project does
not have to be identified. A grant
under this subdivision must be used for
a manufacturing project and at least $1
of nonstate money must be used for
every $4 of grant money. A grant under
this paragraph may not be used to
finance a project for an existing
business that is transferring all or a
part of its operations as a result of
the grant.
Sec. 15. WORLD TRADE CENTER
CORPORATION
General Operations 430,300
Any unexpended funds appropriated to
the commissioner of administration for
operating expenses of the conference
and service center in the Minnesota
World Trade Center are available to the
Minnesota World Trade Center board for
general operating expenses and program
development for the center.
The Minnesota World Trade Center board
shall make a report to the legislature
by March 1, 1989. This report shall
include a three-year plan, a detailed
outline of what steps the trade center
board will take to implement this plan,
and a description of the activities
that have taken place to implement the
plan.
Up to $50,000 is for the international
trade network, to be spent jointly with
the Minnesota trade office. This
appropriation must be matched
dollar-for-dollar by nonstate money or
in-kind contributions.
Sec. 16. AMATEUR SPORTS
COMMISSION
(a) Commission Operations 168,000
The approved complement of the amateur
athletic commission is increased by two
positions in fiscal year 1989.
The commission shall make a
concentrated effort to recruit women
athletes and athletic events for women
to its facilities.
The Minnesota amateur sports commission
shall continue to encourage, promote,
and assist local and regional amateur
sports groups and facilities.
(b) Blaine Sports Facility Operations 150,000
$75,000 is available only upon
demonstration to the commissioner of
finance of a dollar-for-dollar match
with nonstate contributions.
$75,000 must be repaid to the general
fund from revenues from operation of
the national sports center by July 1,
1992.
Sec. 17. HOUSING FINANCE AGENCY
Housing for the Homeless 150,000
This appropriation is for a
demonstration rehabilitation project of
eight to ten units under the housing
grants for homeless individuals program
created by the bill styled as H.F. No.
2126 of the 1988 regular session. The
agency will study and evaluate the
project and report the results to the
legislature by January 1, 1990. The
study must include a recommendation on
the feasibility of continuing the
program.
Sec. 18. STATE PLANNING AGENCY
(a) Study of State and Local
Service Responsibility
Up to $75,000 of any unencumbered
balance of the general fund
appropriation for fiscal year 1988 in
Laws 1987, chapter 404, section 29,
does not cancel and is available for
the second year of the biennium to
continue a state and local service
responsibility study.
(b) Information Resources Policy 10,000
This appropriation is added to the
appropriation in Laws 1987, chapter
404, section 29, and must be used for
payment of the state of Minnesota's
annual dues in the Harvard University's
program on Information Resources Policy.
(c) Aquaculture 40,000
The state planning agency shall seek
matching money for this project from
other major agencies involved in the
project. This appropriation is in
addition to the money appropriated in
Laws 1987, chapter 404, section 29.
(d) Planning for Youth Employment 80,000
This appropriation is for the planning
grants authorized by article 3, section
2, of this act.
(e) Cold Weather Testing Task Force 15,000
Sec. 19. LABOR AND INDUSTRY
Study of Workers' Compensation
Medical Costs 135,000
This appropriation is from the workers'
compensation special compensation
fund. Any unencumbered balance
remaining in the first year does not
cancel and is available for the second
year.
Sec. 20. VETERANS AFFAIRS
Morrison County State Veterans Cemetery
The commissioner of veterans affairs
shall study the Morrison county
cemetery and report to the legislature
by December 15, 1988, on its
suitability for use as a state
veterans' cemetery, including
anticipated costs of site development
and ongoing operational costs.
Sec. 21. MILITARY AFFAIRS
(a) State Cash Bonus Payments 1,160,000
The adjutant general shall pay a state
cash bonus of $100 no later than June
30, 1989, to any member of the
Minnesota national guard who has served
satisfactorily, as defined by the
adjutant general, as an active member
of the Minnesota national guard during
the 1988 federal fiscal year. Any
unencumbered balance remaining in the
first year does not cancel and is
available for the second year.
The amount available for the bonus
payments is limited to the amount
appropriated for such payments in this
section.
Any member of the Minnesota national
guard who elects to take a credit for
compensation for personal services in
the Minnesota national guard against
the tax due under chapter 290 is not
eligible for the bonus payment.
(b) Tuition Reimbursement 1,040,000
The adjutant general shall establish a
program providing tuition reimbursement
for members of the Minnesota national
guard in accordance with this section.
An active member of the Minnesota
national guard serving satisfactorily,
as defined by the adjutant general, at
any time during state fiscal year 1989,
shall be reimbursed for tuition paid
during state fiscal year 1989 to a
post-secondary education institution as
defined by Minnesota Statutes, section
136A.15, subdivision 5, upon proof of
satisfactory completion of course work.
In the case of tuition paid to a public
institution located in Minnesota,
tuition is limited to an amount equal
to 50 percent of the cost of tuition at
that public institution for the
1988-1989 academic year, except as
provided in this section.
In the case of tuition paid to a
Minnesota private institution or a
public or private institution not
located in Minnesota, reimbursement is
limited to 50 percent of the cost of
tuition for lower division programs in
the college of liberal arts at the twin
cities campus of the university of
Minnesota in the 1988-1989 academic
year, except as provided in this
section.
In the case of tuition paid to a public
or private technical or vocational
school or community college located in
Minnesota or outside of Minnesota for a
single course or limited number of
courses, the completion of which do not
result in a degree, the full amount of
tuition up to $250 must be reimbursed.
If a member of the Minnesota national
guard is killed in the line of state
active duty, the state shall reimburse
100 percent of the cost of tuition for
post-secondary courses satisfactorily
completed by any surviving spouse and
any surviving dependents who are 21
years old or younger. Reimbursement
for surviving spouses and dependents is
limited in amount and duration as is
reimbursement for the national guard
member.
The amount of tuition reimbursement for
each eligible individual shall be
determined by the adjutant general
according to rules formulated within 30
days of the effective date of this
section.
Tuition reimbursement received under
this section shall not be considered by
the Minnesota higher education
coordinating board or by any other
state board, commission, or entity in
determining a person's eligibility for
a scholarship or grant-in-aid under
sections 136A.09 to 136A.132.
Tuition reimbursement to be paid to a
member of the national guard who has
received a cash bonus under paragraph
(a) must be reduced by the amount of
the bonus.
The amount available for the tuition
assistance is limited to the amount
appropriated for tuition assistance in
this section.
Any member of the Minnesota national
guard who elects to take a credit for
compensation for personal services in
the Minnesota national guard against
the tax due under chapter 290 is not
eligible for the tuition reimbursement.
The department of military affairs
shall keep an accurate record of the
recipients of the bonus awards and
tuition grants. The department shall
make an interim report to the
legislature by March 1, 1989, on the
effectiveness of the bonus payments and
tuition assistance program in retaining
and recruiting members for the
Minnesota national guard. The final
report to the legislature shall be made
by January 1, 1990. These reports
shall include, but are not limited to,
a review of the effect that the bonus
payments, and tuition assistance
programs have on the reenlistment rate
of new members. The report shall
include an accurate record of the
effect that both the tuition
reimbursement program and the bonus
payments have on the recruitment and
retention of members by rank,
operational unit, unit location,
individual income level, race, and sex.
The department of military affairs
shall make a specific effort to recruit
and retain women and members of
minority groups into the guard through
the use of the tuition reimbursement
and bonus payments program.
Sec. 22. HUMAN RIGHTS
(a) Data and Word Processing 30,000
The approved complement of the
department of human rights is increased
by one position in fiscal year 1989.
The department shall consult with the
information policy office regarding its
future data processing needs.
(b) Investigative Unit 65,000
The approved complement of the
department of human rights is increased
by two positions in fiscal year 1989.
Sec. 23. COUNCIL ON THE AFFAIRS OF
SPANISH SPEAKING PEOPLE 28,000
The appropriation is a one-time
appropriation for the establishment of
a research component of the council on
the affairs of Spanish speaking people.
Sec. 24. COUNCIL ON PEOPLE WITH
DISABILITIES
Handicapped Arts Organizations 50,000
This appropriation is for the Council
on People with Disabilities to make
general support grants, in consultation
with the state board of the arts, to
statewide handicapped arts
organizations regardless of the size of
their operating budgets. The board is
encouraged to support handicapped arts
organizations by providing technical
and grant assistance as well as seeking
partnership opportunities with the
private sector.
Sec. 25. RECOGNITION
Any project that is funded by state
appropriation where there is
recognition of significant
contributions shall include the state
of Minnesota as a significant
contributor to the project.
Sec. 26. [REGIONAL PARK ACQUISITION.]
Subdivision 1. [LEGISLATIVE FINDINGS.] The legislature
finds that there is a need for a regional park on Lake
Minnetonka to serve the recreation open space needs of the
citizens of the entire metropolitan area and that it is in the
public interest to authorize acquisition of land for such a park
in accordance with the master plan approved by the metropolitan
council.
Subd. 2. [ACQUISITION.] Notwithstanding any contrary
provision of law, the suburban Hennepin regional park district
may acquire real property for a Lake Minnetonka regional park by
purchase, gift, or eminent domain pursuant to Minnesota
Statutes, chapter 117, without local consent or approval by any
affected municipality or other local governmental unit.
Subd. 3. [METROPOLITAN COUNCIL APPROVAL.] Before any
acquisition of real property by eminent domain pursuant to
subdivision 1, the metropolitan council must find, following
public hearing, that:
(1) acquisition of the property is in the public interest;
(2) negotiations for acquisition of the property have not
resulted in acquisition of land by purchase;
(3) the proposed acquisition is consistent with the
approved master plan maintained by the metropolitan council; and
(4) the district is able to carry out the plan and operate
the regional park.
The findings required by this subdivision may have been made
before or may be made on or after the effective date of this act.
Subd. 4. [SMALL HOMESTEAD LIFE ESTATE.] The park district
may not acquire the fee title to a homestead of less than 20
acres by eminent domain without the written consent of the
owner, but the district may acquire all title to the property
except for a life estate in the person or persons residing on
the homestead.
Subd. 5. [EXPIRATION.] Authority to acquire real property
through eminent domain as provided in subdivisions 2 and 3
expires on December 31, 1989, except that an acquisition
approved by the metropolitan council before January 1, 1990, may
continue.
Subd. 6. [APPLICATION.] This section applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
Sec. 27. [REPORT NOT REQUIRED.]
Notwithstanding Laws 1987, chapter 404, section 16,
subdivision 5, the commissioner of administration is not
required to prepare a report to the legislature recommending
criteria for awarding operational and equipment grants to public
broadcasting stations.
Sec. 28. [DEER FEEDING NOT REQUIRED.]
Notwithstanding Laws 1987, chapter 404, section 22,
subdivision 7, $127,900 in fiscal year 1988 and $127,900 in
fiscal year 1989 need not be used for emergency deer feeding.
Sec. 29. [CONSOLIDATION OF SPECIAL FUNDS.]
Notwithstanding Laws 1987, chapter 404, section 18,
subdivision 1, the governor's budget recommendations submitted
to the legislature in January 1989 need not include as general
fund revenues and appropriations for fiscal years 1990 and 1991
all revenues and expenditures previously accounted for in other
operating funds, but the commissioner of finance shall submit to
the chairs of the senate finance and house of representatives
appropriations committees by October 1, 1988, recommendations
for consolidation of specific operating funds and accounts for
those fiscal years.
The costs of the corporate audit function in the department
of revenue will be appropriated from the general fund after July
1, 1989.
Sec. 30. [BUDGET GUIDELINES.]
As a supplement to their budget requests for the 1989-1991
biennium, state agencies shall provide to the senate committee
on finance and the house of representatives committee on
appropriations base level budget figures that follow the
guidelines in this section.
(a) Before considering the salary supplement, they shall
fund current personnel positions at the salary levels that will
be in effect for those positions on July 1, 1989, at no higher a
percentage of salary than those positions were funded during
fiscal year 1989, with no allowance for past position
underfunding except as provided in paragraph (c).
(b) In preparing their requests for supplies and expenses,
they shall use prices and rates in effect at the time the
requests are prepared, with no allowance for future inflation.
(c) In order to provide money to fully fund current
personnel positions, workers compensation costs, unemployment
compensation costs, or other obligations, each agency is
encouraged to evaluate the worth of its current activities.
Savings achieved by cutting back on less worthy activities may
be used to fully fund its other obligations. The agency shall
state the reasons why it proposes to cut back on an activity.
Sec. 31. [CAPITAL BUDGET IN FIRST YEAR FOR SECOND.]
Notwithstanding Minnesota Statutes, section 16A.11,
subdivision 1, in submitting a proposed biennial budget to the
legislature, beginning with the 1989 legislative session, the
governor is requested to submit capital bonding proposals in the
first year of the biennium for legislative action in the second
year of the biennium.
Sec. 32. Minnesota Statutes 1987 Supplement, section
3.885, is amended to read:
3.885 [LEGISLATIVE COMMITTEE COMMISSION ON PLANNING AND
FISCAL POLICY.]
Subdivision 1. [MEMBERSHIP.] The legislative committee
commission 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
commission are filled in the same manner as original
appointments. The committee commission 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
commission are compensated in the manner provided by section
3.101.
Subd. 3. [STAFF.] (a) The committee commission may hire
staff necessary to carry out its duties and may also:
(1) employ and fix the salaries of professional, technical,
clerical, and other staff of the commission;
(2) employ and discharge staff solely on the basis of their
fitness to perform their duties and without regard to political
affiliation;
(3) buy necessary furniture, equipment, and supplies;
(4) enter into contracts for necessary services, equipment,
office, and supplies;
(5) provide its staff with computer capability necessary to
carry out assigned duties. The computer should be capable of
receiving data and transmitting data to computers maintained by
the executive and judicial departments of state government that
are used for budgetary and revenue purposes; and
(6) use other legislative staff.
(b) 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. [AGENCIES TO COOPERATE.] All departments,
agencies, and education institutions of the executive and
judicial branches must comply with a request of the commission
for information, data, estimates, and statistics on the funding
revenue operations, and other affairs of the department, agency
or education institution. The commissioner of finance and the
commissioner of revenue shall provide the commission with full
and free access to information, data, estimates, and statistics
in the possession of the finance and revenue departments on the
state budget, revenue, expenditures, and tax expenditures.
Subd. 5. [DUTIES.] (a) The committee commission 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.:
(1) provide the legislature with research and analysis of
current and projected state revenue, state expenditures, and
state tax expenditures;
(2) provide the legislature with a report analyzing the
governor's proposed levels of revenue and expenditures for
biennial budgets submitted under section 16A.11 as well as other
supplemental budget submittals to the legislature by the
governor;
(3) provide an analysis of the impact of the governor's
proposed revenue and expenditure plans for the next biennium;
(4) conduct research on matters of economic and fiscal
policy and report to the legislature on the result of the
research;
(5) provide economic reports and studies on the state of
the state's economy, including trends and forecasts for
consideration by the legislature;
(6) conduct budget and tax studies and provide general
fiscal and budgetary information;
(7) review and make recommendations on the operation of
state programs in order to appraise the implementation of state
laws regarding the expenditure of funds and to recommend means
of improving their efficiency;
(8) 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 and
revenue projections; and
(9) make a continuing study and investigation of the
building needs of the government of the state of Minnesota,
including, but not limited to the following: the current and
future requirements of new buildings, the maintenance of
existing buildings, rehabilitating and remodeling of old
buildings, the planning for administrative offices, and the
exploring of methods of financing building and related costs.
(b) In performing this duty its duties under paragraph (a),
the committee commission 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.
(c) The committee's commission'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 commission shall report to the legislature on
its activities and recommendations by January 15 of each
odd-numbered year.
The commission shall provide the public with printed and
electronic copies of reports and information for the legislature.
Copies must be provided at the actual cost of furnishing each
copy.
Sec. 33. Minnesota Statutes 1986, section 3.9223,
subdivision 5, is amended to read:
Subd. 5. [POWERS.] The council shall have power to
contract in its own name. Contracts shall be approved by a
majority of the members of the council and executed by the chair
and the executive director. The council may apply for, receive,
and expend in its own name grants and gifts of money consistent
with the power and duties specified in this section.
The council shall appoint, subject to the approval of the
governor, an executive director who shall be experienced in
administrative activities and familiar with the problems and
needs of Spanish-speaking people. The council may delegate to
the executive director any powers and duties under this section
which do not require council approval. The executive director
and council staff shall serve in the unclassified service. The
executive director may be removed at any time by a majority vote
of the entire council. The executive director shall recommend
to the council the appropriate staffing patterns necessary to
carry out its duties. The commissioner of administration shall
provide the council with necessary administrative services, and
the council shall reimburse the commissioner for the cost of
these services.
Sec. 34. Minnesota Statutes 1986, section 3.9225,
subdivision 5, is amended to read:
Subd. 5. [POWERS.] The council shall have power to
contract in its own name, provided that no money shall be
accepted or received as a loan nor shall any indebtedness be
incurred except as otherwise provided by law. Contracts shall
be approved by a majority of the members of the council and
executed by the chair and the executive director. The council
may apply for, receive, and expend in its own name grants and
gifts of money consistent with the power and duties specified in
subdivisions 1 to 7.
The council shall appoint an executive director who shall
be experienced in administrative activities and familiar with
the problems and needs of Black people. The council may
delegate to the executive director any powers and duties under
subdivisions 1 to 7 which do not require council approval. The
executive director shall serve in the unclassified service and
may be removed at any time by the council. The executive
director shall recommend to the council, and the council may
appoint, the appropriate staff necessary to carry out its
duties. All staff members shall also serve in the unclassified
service. The commissioner of administration shall provide the
council with necessary administrative services, and the council
shall reimburse the commissioner for the cost of these services.
Sec. 35. Minnesota Statutes 1986, section 3.9226,
subdivision 5, is amended to read:
Subd. 5. [POWERS.] (a) The council may contract in its own
name but may not accept or receive a loan or incur indebtedness
except as otherwise provided by law. Contracts must be approved
by a majority of the members of the council and executed by the
chair and the executive director. The council may apply for,
receive, and expend in its own name grants and gifts of money
consistent with the powers and duties specified in this section.
(b) The council shall appoint an executive director who is
experienced in administrative activities and familiar with the
problems and needs of Asian-Pacific people. The council may
delegate to the executive director any powers and duties under
this section that do not require council approval. The
executive director serves in the unclassified service and may be
removed at any time by the council. The executive director
shall recommend to the council, and the council may appoint, the
appropriate staff necessary to carry out the duties of the
council. All staff members serve in the unclassified service.
The commissioner of administration shall provide the council
with necessary administrative services, for which the council
shall reimburse the commissioner.
Sec. 36. [4.071] [OIL OVERCHARGE MONEY.]
Money received by the state as a result of litigation or
settlements of alleged violations of federal petroleum pricing
regulations may not be spent until the legislative commission on
Minnesota resources has reviewed the proposed projects and the
money is specifically appropriated by law. A work plan must be
prepared for each proposed project for review by the
commission. The commission must recommend specific projects to
the legislature.
Sec. 37. [APPROPRIATION.]
Subdivision 1. The amounts provided in this section are
appropriated from the money received before the effective date
of this section by the governor, the commissioner of finance, or
any other state agency as a result of the settlement of the
parties and order of the United States District Court for the
District of Kansas in the case of In Re Department of Energy
Stripper Well Exemption Litigation, 578 F.Supp. 586 (D. Kan.
1983). The appropriations remain available until expended.
Subd. 2. $8,300,000 of the money received is appropriated
to the commissioner of jobs and training for the purposes of the
low-income weatherization assistance program. A grant, loan or
other means of assistance provided as a result of money
appropriated under this subdivision must provide energy savings
over a ten year period that the commissioner estimates to be
equal to or exceeds the amount of the grant, loan or other means
of assistance.
Subd. 3. $282,000 is appropriated to the commissioner of
administration, for the purposes of a grant to the Lake Isabella
environmental learning center. The grant must be used for the
installation and operation of a wood burning central heating
system located and operated in a manner that allows its use as a
teaching station. The commissioner may enter into an
appropriate grant agreement to carry out the terms of the grant.
Subd. 4. $77,000 is appropriated to the commissioner of
administration for the natural resources research institute for
the energy efficient comparison study of concrete block
structures.
Subd. 5. $2,000,000 is appropriated to the commissioner of
administration for the agricultural utilization research
institute for grants, not to exceed $100,000 per grant, for
energy-related projects for research or demonstration projects
that foster development or public demonstration of agricultural
practices that minimize the use of energy in production
agriculture.
Subd. 6. $2,000,000 is appropriated to the commissioner of
administration for the Minnesota cold climate building research
center for research and technology transfer projects that
promote energy savings in buildings.
Subd. 7. $2,000,000 is appropriated to the commissioner of
administration for the center of transportation studies for
research and technology transfer projects that promote energy
efficiency in transportation systems, including the use of
bicycles.
Subd. 8. $2,000,000 is appropriated to the commissioner of
administration for the center for the science and application of
superconductivity, for research and technology transfer projects
that promote energy efficiency in the generation and
transportation of electricity.
Subd. 9. $10,000 is appropriated to the commissioner of
administration for a grant to independent school district No.
625, St. Paul, to prepare an application for a grant for a
photo-voltaic cell project.
Subd. 10. (a) The remainder of the money received under
subdivision 1, any further money received by the state as a
result of the settlement referred to in subdivision 1 and any
investment earnings of this money that is not appropriated by
subdivisions 2 to 9 is appropriated to the commissioner of
administration to be used for grants to local units of
government, school districts, post-secondary institutions,
nonprofit organizations, and other individuals and business
entities for research resulting in decreased dependence on
fossil fuels and for technology transfer projects with the same
purpose.
(b) Money available under this subdivision may not be spent
until the legislative commission on Minnesota resources has
reviewed the proposed projects. A work plan must be prepared
for proposed projects for review by the commission. The
commission must recommend specific projects to the commissioner.
Sec. 38. [EXXON OIL OVERCHARGE APPROPRIATION.]
Money received by the state as a result of the settlement
of the parties and order of the United States District Court for
the District of Columbia in the case of United States v. Exxon
Corp., 561 F. Supp. 816 (D.D.C. 1983), including any interest
earned, is appropriated to the commissioner of public service to
be spent in accordance with the order of the legislative
advisory commission dated August 20, 1986, to remain available
until expended.
Sec. 39. Minnesota Statutes 1987 Supplement, section 8.15,
is amended to read:
8.15 [ATTORNEY GENERAL COSTS.]
The attorney general in consultation with the commissioner
of finance shall assess executive branch agencies a fee for
legal services rendered to them. The budget requests of all
executive branch agencies submitted to the legislature in each
odd-numbered year must show the actual or estimated amount
assessed, paid, and requested for each year. The assessment
against appropriations from other than the general fund must be
the full amount of the fee. The assessment against
appropriations supported by fees must be included in the fee
calculation. Unless appropriations are made for fee supported
costs, no payment by the agency is required. The assessment
against appropriations from the general fund not supported by
fees must be one-half of the fee. Receipts from assessments
must be deposited in the state treasury and credited to the
general fund.
Sec. 40. Minnesota Statutes 1986, section 10A.01, is
amended by adding a subdivision to read:
Subd. 24. [STATE COMMITTEE.] "State committee" means the
organization which, by virtue of the bylaws of a political
party, is responsible for the day-to-day operation of the
political party at the state level.
Sec. 41. Minnesota Statutes 1986, section 10A.25,
subdivision 10, is amended to read:
Subd. 10. The expenditure limits imposed by this section
apply only to candidates who agree to be bound by the limits as
a condition of receiving a public subsidy for their campaigns in
the form of:
(a) an allocation of money from the state elections
campaign fund; or
(b) Credits against the tax due of individuals who
contribute to that candidate.
Sec. 42. Minnesota Statutes 1986, section 10A.31,
subdivision 5, is amended to read:
Subd. 5. In each calendar year the moneys in each party
account and the general account shall be allocated to candidates
as follows:
(1) 21 percent for the offices of governor and lieutenant
governor together;
(2) 3.6 percent for the office of attorney general;
(3) 1.8 percent each for the offices of secretary of state,
state auditor and state treasurer;
(4) In each calendar year during the period in which state
senators serve a four-year term, 23-1/3 percent for the office
of state senator and 46-2/3 percent for the office of state
representative;
(5) In each calendar year during the period in which state
senators serve a two-year term, 35 percent each for the offices
of state senator and state representative;.
In each calendar year the money in each party account shall
be allocated as follows:
(1) 14 percent for the offices of governor and lieutenant
governor together;
(2) 2.4 percent for the office of attorney general;
(3) 1.2 percent each for the offices of secretary of state,
state auditor and state treasurer;
(4) In each calendar year during the period in which state
senators serve a four-year term, 23-1/3 percent for the office
of state senator and 46-2/3 percent for the office of state
representative;
(5) In each calendar year during the period in which state
senators serve a two-year term, 35 percent each for the offices
of state senator and state representative;
(6) 10 percent for the state committee of a political
party; money allocated to each state committee under this clause
must be deposited in a separate account and must be spent for
legitimate political party operations, including voter
education; the sample ballot; operations of precinct caucuses,
county unit conventions, and state conventions; and the
maintenance and programming of computers used to provide lists
of voters, party workers, party officers, patterns of voting,
and other data for use in political party activities; money
allocated to a state committee under this clause must be paid to
the committee as it is received in the account, on a monthly or
other basis agreed to between the committee and the board.
To assure that moneys will be returned to the counties from
which they were collected, and to assure that the distribution
of those moneys rationally relates to the support for particular
parties or for particular candidates within legislative
districts, moneys from the party accounts for legislative
candidates shall be distributed as follows:
Each candidate for the state senate and state house of
representatives whose name is to appear on the ballot in the
general election shall receive money from the candidate's party
account set aside for candidates of the state senate or state
house of representatives, whichever applies, according to the
following formula;
For each county within the candidate's district the
candidate's share of the dollars allocated in that county to the
candidate's party account and set aside for that office shall be:
(a) The sum of the votes cast in the last general election
in that part of the county in the candidate's district for all
candidates of that candidate's party (i) whose names appeared on
the ballot in each voting precinct of the state and (ii) for the
state senate and state house of representatives, divided by
(b) The sum of the votes cast in that county in the last
general election for all candidates of that candidate's party
(i) whose names appeared on the ballot in each voting precinct
in the state and (ii) for the state senate and state house of
representatives, multiplied by
(c) The amount in the candidate's party account allocated
in that county and set aside for the candidates for the office
for which the candidate is running.
The sum of all the county shares calculated in the formula
above is the candidate's share of the candidate's party account.
In a year in which an election for the state senate occurs,
with respect to votes for candidates for the state senate only,
"last general election" means the last general election in which
an election for the state senate occurred.
For any party under whose name no candidate's name appeared
on the ballot in each voting precinct in the state in the last
general election, amounts in the party's account shall be
allocated based on (a) the number of people voting in the last
general election in that part of the county in the candidate's
district, divided by (b) the number of the people voting in that
county in the last general election, multiplied by (c) the
amount in the candidate's party account allocated in that county
and set aside for the candidates for the office for which the
candidate is running.
In a year in which the first election after a legislative
reapportionment is held, "the candidate's district" means the
newly drawn district, and voting data from the last general
election will be applied to the area encompassing the newly
drawn district notwithstanding that the area was in a different
district in the last general election.
If in a district there was no candidate of a party for the
state senate or state house of representatives in the last
general election, or if a candidate for the state senate or
state house of representatives was unopposed, the vote for that
office for that party shall be the average vote of all the
remaining candidates of that party in each county of that
district whose votes are included in the sums in clauses (a) and
(b). The average vote shall be added to the sums in clauses (a)
and (b) before the calculation is made for all districts in the
county.
Money from a party account not distributed to candidates
for state senator and representative in any election year shall
be returned to the general fund of the state. Money from a
party account not distributed to candidates for other offices in
an election year shall be returned to the party account for
reallocation to candidates as provided in clauses (1) to (6) of
this subdivision in the following year. Moneys from the general
account refused by any candidate shall be distributed to all
other qualifying candidates in proportion to their shares as
provided in this subdivision.
Sec. 43. Minnesota Statutes 1986, section 15A.082,
subdivision 3, is amended to read:
Subd. 3. [SUBMISSION OF RECOMMENDATIONS.] By January April
1 in each odd-numbered year, the compensation council shall
submit to the speaker of the house of representatives and the
president of the senate salary recommendations for
constitutional officers, legislators, justices of the supreme
court, and judges of the court of appeals, district court,
county court, and county municipal court. The recommended
salary for each office must be a fixed amount per year, to take
effect on the first Monday in January of the next odd-numbered
year, with no more than one adjustment, to take effect on
January 1 of the year after that. The salary recommendations
for legislators, judges, and constitutional officers take effect
if an appropriation of money to pay the recommended salaries is
enacted after the recommendations are submitted and before their
effective date. Recommendations may be expressly modified or
rejected by a bill enacted into law. The salary recommendations
for legislators are subject to additional terms that may be
adopted according to section 3.099, subdivisions 1 and 3.
Sec. 44. Minnesota Statutes 1986, section 16B.24,
subdivision 9, if added by a law enacted at the 1988 regular
session styled as H.F. No. 2291, section 9, is amended to read:
Subd. 9. [SMOKING IN STATE BUILDINGS.] (a) To protect the
public health, comfort, and environment and to protect the
nonsmoker's right to a smoke-free environment, smoking in all
buildings managed or leased by the commissioner under
subdivisions 1 and 6 is prohibited except where smoking areas
have been designated under a policy adopted in accordance with
paragraph (b).
(b) Except as provided in paragraph (c), each state agency
shall adopt a smoking policy for the space it occupies. Before
placing a policy in effect, the agency shall submit the policy
and a plan for implementing it to the commissioner of employee
relations. The policy must:
(1) prohibit smoking entirely; or
(2) permit smoking only in designated areas, providing that
existing physical barriers and ventilation systems can be used
to prevent or substantially minimize the toxic effect presence
of smoke in adjacent nonsmoking areas.
(c) An agency need not adopt a new policy governing an area
in which smoking is prohibited under a policy in effect on the
effective date of this subdivision.
No employee complaining of a smoke-induced discomfort to a
lessor, lessee, manager, or supervisor may be subjected to any
disciplinary action as a result of making the complaint.
Sec. 45. Minnesota Statutes 1986, section 16B.24,
subdivision 10, if added by a law enacted at the 1988 regular
session styled as H.F. No. 2291, section 10, is amended to read:
Subd. 10. [CHILD CARE SERVICES SPACE.] For state office
space that is leased, purchased, or substantially remodeled
after August 1, 1988, the commissioner shall consider including
space usable for child care services. Child care space must be
included if the commissioner determines that it is needed and
that it could be provided at reasonable cost. The commissioner
may prepare a day care site as a common usage space for the
capitol complex.
Sec. 46. Minnesota Statutes 1986, section 17.105,
subdivision 4, is amended to read:
Subd. 4. [WORKING CAPITAL ACCOUNT.] An export finance
authority working capital account is created as a special
account in the state treasury. All premiums, interest, and fees
collected under subdivision 3, clause (6) must be deposited into
this account. The balance in the account may exceed $1,000,000
through accumulated earnings. Money in the account including
interest earned and appropriations made by the legislature for
the purposes of this section, is appropriated annually to the
finance authority for the purposes of this section. The balance
in the account may decline below $1,000,000 as required to pay
defaults on guaranteed loans.
Sec. 47. Minnesota Statutes 1986, section 18.191, is
amended to read:
18.191 [DESTRUCTION OF NOXIOUS WEEDS.]
Except as otherwise specifically provided in sections
18.181 to 18.271, 18.281 to 18.311, and 18.321 to 18.322, it
shall be the duty of every occupant of land or, if the land is
unoccupied, the owner thereof, or an agent, or the public
official in charge thereof, to cut down, otherwise destroy, or
eradicate all noxious weeds as defined in section 18.171,
subdivision 5, standing, being, or growing upon such land, in
such manner and at such times as may be directed or ordered by
the commissioner, the commissioner's authorized agents, the
county agricultural inspector, or by a local weed inspector
having jurisdiction.
Except as provided below, an owner of nonfederal lands
underlying public waters or wetlands designated under section
105.391 is not required to control or eradicate purple
loosestrife (Lythrum salicaria) below the ordinary high water
level of the public water or wetland. The commissioner of
natural resources is responsible for control and eradication of
purple loosestrife on public waters and wetlands designated
under section 105.391, except those located upon lands owned in
fee title or managed by the United States. The officers,
employees, agents, and contractors of the commissioner may enter
upon public waters and wetlands designated under section 105.391
and may cross adjacent lands as necessary for the purpose of
investigating purple loosestrife infestations, formulating
methods of eradication, and implementing control and eradication
of purple loosestrife. The responsibility of the commissioner
to control and eradicate purple loosestrife on public waters and
wetlands located on private lands and the authority to enter
upon private lands ends ten days after receipt by the
commissioner of a written statement from the landowner that the
landowner assumes all responsibility for control and eradication
of purple loosestrife under sections 18.171 to 18.315. State
officers, employees, agents, and contractors are not liable in a
civil action for trespass committed in the discharge of their
duties under this section and are not liable to anyone for
damages, except for damages arising from gross negligence.
Sec. 48. Minnesota Statutes 1987 Supplement, section
41A.065, subdivision 8, is amended to read:
Subd. 8. [REVOLVING ACCOUNT.] The development company may
charge a one-time processing fee up to the maximum allowed by
the Small Business Administration on a debenture issued for loan
purposes. In addition, a fee for servicing loans may be imposed
up to the maximum allowed by the Small Business Administration
based on the unpaid balance of each debenture. These fees must
be deposited in the state treasury and credited to a special
account in the agricultural and economic development fund.
Money in the account is appropriated to the board to pay the
costs of administering the program, including personnel costs;
compensate members of the board of directors under section
15.0575, subdivision 3, and to create and operate a pool of
money for investment in projects that further the purposes of
this section.
Sec. 49. Minnesota Statutes 1987 Supplement, section
43A.08, subdivision 1a, is amended to read:
Subd. 1a. [ADDITIONAL UNCLASSIFIED POSITIONS.] Appointing
authorities for the following agencies may designate additional
unclassified positions according to this subdivision: the
departments of administration; agriculture; commerce;
corrections; jobs and training; education; employee relations;
energy and economic development; finance; health; human rights;
labor and industry; natural resources; office of administrative
hearings; public safety; public service; public welfare;
revenue; transportation; and veterans affairs; the housing
finance, state planning, and pollution control agencies; the
state board of investment; the offices of the secretary of
state, state auditor, and state treasurer; the state board of
vocational technical education; and the school and resource
center for the arts; and the Minnesota zoological board.
A position designated by an appointing authority according
to this subdivision must meet the following standards and
criteria:
(a) the designation of the position would not be contrary
to other law relating specifically to that agency;
(b) the person occupying the position would report directly
to the agency head or deputy agency head and would be designated
as part of the agency head's management team;
(c) the duties of the position would involve significant
discretion and substantial involvement in the development,
interpretation, and implementation of agency policy;
(d) the duties of the position would not require primarily
personnel, accounting, or other technical expertise where
continuity in the position would be important;
(e) there would be a need for the person occupying the
position to be accountable to, loyal to, and compatible with the
governor and the agency head, or the employing constitutional
officer;
(f) the position would be at the level of division or
bureau director or assistant to the agency head; and
(g) the commissioner has approved the designation as being
consistent with the standards and criteria in this subdivision.
Sec. 50. Minnesota Statutes 1986, section 85.012, is
amended by adding a subdivision to read:
Subd. 27a. Hill-Annex Mine state park, Itasca county.
Sec. 51. [PARK BOUNDARIES.]
Hill-Annex Mine state park consists of the surface interest
in land within Itasca county described as Section 16, Township
56 North, Range 23 West, excluding an area containing 6.5 acres
more or less which is described as follows:
Starting at the corner common to Sections 17, 16, 20 and
21, Township 56 North, Range 23 West; thence due east on section
line 155 feet to point of beginning; thence due east 916 feet;
thence due north 330 feet; thence due west 916 feet; thence due
south 330 feet to the point of beginning.
Sec. 52. [OPERATION.]
Hill-Annex Mine state park must be funded by the iron range
resources and rehabilitation board at the level of $200,000 per
year until July 1, 1991. The commissioner of natural resources
must report to the legislature by January 1, 1990, regarding the
revenues, visitation, and operating costs for the park, and
making recommendations on continuing operational requirements.
Sec. 53. [ACQUISITION.]
The commissioner of natural resources shall acquire by
condemnation or exchange sufficient ownership interests in the
surface estate of the land described in section 51 to create a
state park to interpret and provide the public with an
opportunity to view and experience natural iron ore open-pit
mining operations as conducted on Minnesota's historic iron
ranges.
The commissioner may not condemn the mineral estate in the
described property, and, in the establishment of the park, shall
recognize the possibility that mining may be conducted on the
property in the future, and that use of portions of the surface
estate may be necessary to these possible future mining
operations. Subject to the above conditions, all lands acquired
for the Hill-Annex Mine state park must be administered in the
same manner as provided for other state parks and must be
perpetually dedicated for that use.
Sec. 54. [EQUIPMENT.]
For establishing Hill-Annex Mine state park, the iron range
resources and rehabilitation board must transfer the existing
vehicles, maintenance equipment, and office equipment at
Hill-Annex Mine, other than vehicles and equipment used
primarily for mineland reclamation, to the commissioner of
natural resources.
Sec. 55. Minnesota Statutes 1987 Supplement, section
85.055, subdivision 1, is amended to read:
Subdivision 1. [FEES.] The fee for state park permits for:
(1) an annual use of state parks is $15 $16;
(2) a second vehicle state park permit is one-half the
annual state park permit fee in clause (1);
(3) a special state park permit valid up to two days
is $3 $3.25;
(4) a special daily vehicle state park permit for groups is
as prescribed by the commissioner;
(5) an employee's state park permit is without charge;
(6) a special state park permit for handicapped persons and
persons over age 65 under section 85.053, subdivision 7, clauses
(1) and (2), is one-half the annual state park permit fee in
clause (1); and
(7) a special state park permit valid up to two days for
handicapped persons and persons over age 65 under section
85.053, subdivision 7, clauses (1) and (3), is one-half of the
special state park permit fee in clause (3) $2.
The fees specified in this subdivision include any sales
tax required by state law.
Sec. 56. Minnesota Statutes 1987 Supplement, section
105.44, subdivision 10, is amended to read:
Subd. 10. [PERMIT FEES.] Each application for a permit
authorized by sections 105.37 to 105.64, and each request to
amend or transfer an existing permit, must be accompanied by a
permit application fee of $30 to defray the costs of receiving,
recording, and processing the application or request to amend or
transfer. The commissioner may charge an additional permit
application fee in excess of the $30 fee but not over $250 for
each application for a permit submitted under section 105.391,
105.41, or 105.535 is $75. The application fee for a permit
submitted under section 105.42 or 105.64 must be between $75 and
$500, in accordance with a schedule of fees under section
16A.128.
The commissioner may charge an additional field inspection
fee for:
(1) projects requiring a mandatory environmental assessment
under chapter 116D;
(2) projects undertaken without a permit or application as
required by sections 105.37 to 105.64; and
(3) projects undertaken in excess of limitations
established in an issued permit. The fee must not be less than
$25 $100 nor more than $750 actual field inspection costs. The
purpose of the fee is to cover actual costs for each permit
applied for under sections 105.37 to 105.64 and for each project
undertaken without proper authorization.
The commissioner shall establish a schedule of field
inspection fees under section 16A.128. The schedule must
include actual costs related to field inspection such as
investigations of the area affected by the proposed activity,
analysis of the proposed activity, consultant services, and
subsequent monitoring, if any, of the activity authorized by the
permit.
Except as provided below, the commissioner may not issue a
permit until all fees required by this section relating to the
issuance of a permit have been paid. The time limits prescribed
by subdivision 4 do not apply to an application for which the
appropriate fee has not been paid. Field inspection fees
relating to monitoring of an activity authorized by a permit may
be charged and collected as necessary at any time after the
issuance of the permit. No permit application or field
inspection fee may be refunded for any reason, even if the
application is denied or withdrawn. No permit application or
field inspection fee may be imposed on any state agency, as
defined in section 16B.01, or federal governmental agency
applying for a permit.
Sec. 57. Minnesota Statutes 1987 Supplement, section
115C.02, subdivision 13, is amended to read:
Subd. 13. [RESPONSIBLE PERSON.] "Responsible person" means
a person who is an owner or operator of a tank at any time
during or after the release responsible for a release under
section 58.
Sec. 58. [115C.021] [RESPONSIBLE PERSON.]
Subdivision 1. [GENERAL RULE.] Except as provided in
subdivision 2, a person is responsible for a release from a tank
if the person is an owner or operator of the tank at any time
during or after the release.
Subd. 2. [EXCEPTION OF CERTAIN TANK OWNERS.] An owner of a
tank is not responsible for a release from the tank if the owner
can establish that:
(1) the tank was in place but the owner did not know or
have reason to know of its existence at the time the owner first
acquired right, title, or interest in the tank; and
(2) the owner did not by failure to report under section
115.061 or other action significantly contribute to the release
after the owner knew or reasonably should have known of the
existence of the tank.
Sec. 59. Minnesota Statutes 1986, section 116.18, is
amended by adding a subdivision to read:
Subd. 3d. [ADJUSTMENTS TO MATCHING GRANTS AND STATE
INDEPENDENT GRANTS.] A municipality with a population of 25,000
or less that was tendered a state matching grant under
subdivision 2a, or a state independent grant under subdivision
3a, or a federal grant under the federal Water Pollution Control
Act, United States Code, title 33, sections 1281 to 1299, from
October 1, 1984 through September 30, 1987, shall, after the
municipality has awarded bids for construction of the treatment
works, and upon request, receive a grant increase of five
percent of the total eligible costs of construction, up to the
maximum entitlement for grants awarded on or after October 1,
1987, under subdivisions 2a and 3a. The municipality must
inform other entities that are providing funding for
construction of the treatment works of the grant increase, and
repay any funds to which it is not entitled. A municipality
must not receive funding for more than 100 percent of the total
costs of the treatment works. Documentation of money received
from other sources must be submitted with the request for the
grant increase. Money remaining after all grants have been
awarded under this subdivision may be used for the award of
grants under subdivisions 2a and 3a.
Sec. 60. Minnesota Statutes 1986, section 116.48, is
amended by adding a subdivision to read:
Subd. 6. [AFFIDAVIT.] Before transferring ownership of
property that the owner knows contains an underground storage
tank or contained an underground storage tank that had a release
for which no corrective action was taken, the owner shall record
with the county recorder or registrar of titles of the county in
which the property is located an affidavit containing:
(1) a legal description of the property where the tank is
located;
(2) a description of the tank, of the location of the tank,
and of any known release from the tank of a regulated substance;
(3) a description of any restrictions currently in force on
the use of the property resulting from any release; and
(4) the name of the owner.
The county recorder shall record the affidavits in a manner
that will insure their disclosure in the ordinary course of a
title search of the subject property. Before transferring
ownership of property that the owner knows contains an
underground storage tank, the owner shall deliver to the
purchaser a copy of the affidavit and any additional information
necessary to make the facts in the affidavit accurate as of the
date of transfer of ownership.
Sec. 61. Minnesota Statutes 1986, section 116.48, is
amended by adding a subdivision to read:
Subd. 7. [RECORDING OF REMOVAL AFFIDAVIT.] If an affidavit
has been recorded under subdivision 6 and the tank and any
regulated substance released from the tank have been removed
from the property in accordance with applicable law, the owner
or other interested party may file with the county recorder or
registrar of titles an affidavit stating the name of the owner,
the legal description of the property, the place and date of
filing and document number of the affidavit filed under
subdivision 6, and the approximate date of removal of the tank
and regulated substance. Upon filing the affidavit described in
this subdivision, the affidavit and the affidavit filed under
subdivision 6, together with the information set forth in the
affidavits, cease to constitute either actual or constructive
notice.
Sec. 62. Minnesota Statutes 1987 Supplement, section
116C.712, subdivision 5, is amended 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) surveying existing literature and activity relating to
radioactive waste management, including storage, transportation,
and disposal, in the state; and
(4) 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 by starting
construction of a high-level radioactive waste disposal site in
another state. 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. 63. Minnesota Statutes 1986, section 116J.615, is
amended by adding a subdivision to read:
Subd. 3. [REGIONAL TOURISM OFFICES.] Employees in regional
tourism offices are in the unclassified civil service.
Sec. 64. Minnesota Statutes 1987 Supplement, section
116J.941, subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] The Minnesota council on
productivity and quality consists of the commissioner of energy
trade and economic development and eight eleven members,
appointed from the general public to four-year terms, who have
backgrounds in or are representatives of management, labor,
small business, engineering, or business-management education.
The governor shall appoint four five members, the speaker of the
house of representatives shall appoint two three members, and
the senate majority leader shall appoint two three members. The
council shall elect two co-chairs from its membership, except
that the commissioner of energy trade and economic development
may not serve as a co-chair. Compensation of public members for
expenses is as provided for members of advisory task forces
under section 15.059, subdivision 6.
Sec. 65. Minnesota Statutes 1987 Supplement, section
116J.966, subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] (a) The commissioner shall
promote, develop, and facilitate trade and foreign investment in
Minnesota. In furtherance of these goals, and in addition to
the powers granted by section 116J.035, the commissioner may:
(1) locate, develop, and promote international markets for
Minnesota products and services;
(2) arrange and lead trade missions to countries with
promising international markets for Minnesota goods, technology,
services, and agricultural products;
(3) promote Minnesota products and services at domestic and
international trade shows;
(4) organize, promote, and present domestic and
international trade shows featuring Minnesota products and
services;
(5) host trade delegations and assist foreign traders in
contacting appropriate Minnesota businesses and investments;
(6) develop contacts with Minnesota businesses and gather
and provide information to assist them in locating and
communicating with international trading or joint venture
counterparts;
(7) provide information, education, and counseling services
to Minnesota businesses regarding the economic, commercial,
legal, and cultural contexts of international trade;
(8) provide Minnesota businesses with international trade
leads and information about the availability and sources of
services relating to international trade, such as export
financing, licensing, freight forwarding, international
advertising, translation, and custom brokering;
(9) locate, attract, and promote foreign investment and
business development in Minnesota to enhance employment
opportunities in Minnesota;
(10) provide foreign businesses and investors desiring to
locate facilities in Minnesota information regarding sources of
governmental, legal, real estate, financial, and business
services;
(11) undertake activities to support the world trade
center; and
(12) enter into contracts or other agreements with private
persons and public entities, including agreements to establish
and maintain offices and other types of representation in
foreign countries, to carry out the purposes of promoting
international trade and attracting investment from foreign
countries to Minnesota and to carry out this section, without
regard to sections 16B.07 and 16B.09.
(b) The programs and activities of the commissioner of
trade and economic development and the Minnesota trade division
may not duplicate programs and activities of the commissioner of
agriculture or the Minnesota world trade center corporation.
(c) The commissioner shall notify the chairs of the senate
finance and house appropriations committees of each agreement
under this subdivision to establish and maintain an office or
other type of representation in a foreign country.
Sec. 66. Minnesota Statutes 1987 Supplement, section
116O.03, subdivision 2, is amended to read:
Subd. 2. [BOARD OF DIRECTORS.] The corporation is governed
by a board of 11 directors. The term of a director is six
years. Vacancies on the board are filled by appointment of the
board, subject to the advice and consent of the senate. The
board may determine the compensation of its members. Board
members may receive reasonable compensation and be reimbursed
for reasonable expenses, which must be reviewed each year by the
commissioner of finance.
Sec. 67. Minnesota Statutes 1987 Supplement, section
116O.04, subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] The board shall appoint and
set the compensation for a president, who serves as chief
executive officer of the corporation, and who may appoint
subordinate officers. The president's salary may not exceed 95
percent of the governor's salary. The board may designate the
president as its general agent. Subject to the control of the
board, the president shall employ employees, consultants, and
agents the president considers necessary. The staff of the
corporation must include individuals knowledgeable in commercial
and industrial financing, research and development, economic
development, and general fiscal affairs. The board shall define
the duties and designate the titles of the employees and agents.
Sec. 68. Minnesota Statutes 1987 Supplement, section
116O.06, subdivision 1, is amended to read:
Subdivision 1. [FINANCIAL ASSISTANCE; TYPES.] The
corporation may provide financial assistance to sole
proprietorships, businesses, or for-profit or nonprofit
organizations that have (1) received research assistance from a
corporation research facility or as a result of a research grant
under section 116O.09, subdivision 4, or 116O.011; or (2)
received favorable review through a peer review process
established under guidelines developed under section 116O.10,
subdivision 2. Financial assistance includes, but is not
limited to, loan guarantees or insurance, direct loans, and
interest subsidy payments. The corporation may participate in
loans by purchasing from a lender up to 50 percent of each loan.
Sec. 69. [MUNICIPAL LITIGATION LOANS.]
Subdivision 1. [AUTHORITY.] The pollution control agency
may administer a one-year pilot project for making loans to
municipalities to assist them in bringing or defending against
litigation involving waste water treatment projects funded by
state or federal money.
Subd. 2. [CRITERIA AND LIMITATIONS.] The amount of a loan
to a municipality must not exceed 50 percent of the
municipality's litigation costs incurred or $50,000, whichever
is less. Only municipalities with less than 1,500 population
that are in litigation and that are unable to pay the reasonable
costs of litigation are eligible. A municipality that has been
awarded a corrective action grant under Minnesota Statutes,
section 116.181 is not eligible for a litigation loan under this
section. The interest rate and term of the loan must be
determined by the agency. The interest rate on the loan must be
below market rate. The agency is exempt from the rulemaking
requirements of the administrative procedure act, Minnesota
Statutes, chapter 14, for the purposes of administering this
program.
Subd. 3. [APPLICATIONS.] Applications by municipalities
for loans must be made to the agency on forms provided by the
agency. The application must include documentation of
litigation costs incurred, reasonableness of the costs, and
verification that the municipality cannot pay the litigation
costs. The application must be accompanied by a resolution of
the governing body of the municipality obligating it to repay
the loan according to the loan agreement.
Subd. 4. [LEGISLATIVE REPORT.] By January 1, 1989, the
agency shall submit a report with its recommendations to the
legislature on the need for continuation of the municipal
litigation loan program.
Sec. 70. Minnesota Statutes 1987 Supplement, section
161.52, is amended to read:
161.52 [TOURIST TRAVEL INFORMATION CENTERS.]
For the fiscal year ending June 30, 1988, and subsequent
years, the payment of the cost of staffing and operating tourist
travel information centers located on trunk highways, including
interstate highways, by the commissioner of transportation trade
and economic development is subject to the following
restrictions:
(a) For the fiscal year ending June 30, 1988, not more than
five-sixths of the cost may be paid from the trunk highway fund.
(b) For the fiscal year ending June 30, 1989, not more than
one-third of the cost may be paid from the trunk highway fund.
(c) For the fiscal year ending June 30, 1990, no part of
the cost may be paid from the trunk highway fund.
That portion of the cost not paid from the trunk highway
fund must be paid either by the commissioner from funds
appropriated for that purpose from sources other than the trunk
highway fund, or by local sources of funding.
Sec. 71. Minnesota Statutes 1986, section 222.63,
subdivision 2, is amended to read:
Subd. 2. [PURPOSE.] A state rail bank shall be established
for the acquisition and preservation of abandoned rail lines and
right-of-way for future public use including trail use, or for
disposition for commercial use in serving the public, by
providing transportation of persons or freight or transmission
of energy, fuel, or other commodities.
Sec. 72. Minnesota Statutes 1986, section 222.63,
subdivision 4, is amended to read:
Subd. 4. [DISPOSITION PERMITTED.] The commissioner may
lease any rail line or right-of-way held in the state rail bank
or enter into an agreement with any person for the operation of
any rail line or right-of-way for any of the purposes set forth
in subdivision 2 in accordance with a fee schedule to be
developed by the commissioner in consultation with the advisory
task force established in section 222.65. The commissioner may
after consultation convey any rail line or right-of-way, for
consideration or for no consideration and upon other terms as
the commissioner may determine to be in the public interest, to
any other state agency or to a governmental subdivision of the
state having power by law to utilize it for any of the purposes
set forth in subdivision 2.
Sec. 73. Minnesota Statutes 1986, section 611.215, is
amended by adding a subdivision to read:
Subd. 4. [OFFICE SPACE.] The commissioner of
administration shall provide suitable quarters outside the
capitol building for the board and its appointees.
Sec. 74. Minnesota Statutes 1987 Supplement, section
611.24, is amended to read:
611.24 [ORGANIZATION OF OFFICE; ASSISTANTS.]
The state public defender, subject to the limitations
imposed by, and the supervision of, the state board of public
defense, may employ or retain assistant state public defenders
and other personnel as may be necessary to discharge the
function of the office. The commissioner of administration
shall provide the office with suitable quarters outside the
capitol building. An assistant public defender shall be a
qualified attorney, licensed to practice law in this state,
serve in the unclassified service of the state if employed, and
serve at the pleasure of the appointing authority at a salary or
retainer fee not to exceed reasonable compensation for
comparable services performed for other governmental agencies or
departments. Retained or part-time employed assistant state
public defenders may engage in the general practice of law.
Sec. 75. Laws 1986, chapter 441, section 14, is amended to
read:
Sec. 14. [APPROPRIATION.]
$20,000,000 is appropriated to the commissioner of natural
resources. Notwithstanding Minnesota Statutes, section 298.293
or 298.294 or any other law, this appropriation is from the
corpus of the northeast Minnesota economic protection fund.
This money is available only as a loan guarantee for the
smelting project using the COREX process and is contingent upon
receipt by the commissioner of natural resources of sufficient
funding from other sources to complete the project. If the
project is approved by the United States department of energy
prior to December 31, 1987 1988, this appropriation does not
cancel but is available until June 30, 1992, or the project is
completed or abandoned, whichever occurs earlier. On July 1,
1992, up to $20,000,000 is appropriated from the general fund,
to be taken from the proceeds of the taconite occupation tax
imposed under Minnesota Statutes, section 298.01, to the
commissioner of natural resources to be used only as necessary
to continue the loan guarantee or to be drawn down to cover a
default according to this subdivision. If the general fund
appropriation is used to cover a default in the loan, there
shall be repaid from the northeast Minnesota economic protection
trust fund to the general fund one-half the amount of the
default. Payments shall be made in ten equal annual
installments, with the first payment made one year from the date
of the default. No interest shall be paid on these payments.
An amount sufficient to make the repayments is appropriated from
the northeast Minnesota economic protection trust fund. The
money appropriated from the northeast Minnesota economic
protection trust fund shall be spent only in or for the benefit
of tax relief areas as defined in Minnesota Statutes, section
273.134.
Sec. 76. Laws 1987, chapter 348, section 48, subdivision
3, is amended to read:
Subd. 3. [COLLECTION AND DISPOSAL.] The agency shall
provide for the establishment and operation of temporary
collection sites for waste pesticides. It may use its United
States Environmental Protection Agency identification number to
identify pesticides collected. The agency may limit the type
and quantity of pesticides acceptable for collection and may
assess persons bringing pesticides to the collection site for
costs incurred by the agency to store, test, handle, and dispose
of the pesticides. The assessments must be deposited in the
state treasury and credited to the solid and hazardous waste
account and are appropriated to the agency to pay for costs
incurred to store, test, handle, and dispose of the pesticides.
Sec. 77. Laws 1987, chapter 357, section 27, subdivision
2, is amended to read:
Subd. 2. [COMMISSIONER OF NATURAL RESOURCES.] $1,200,000
is appropriated from the general fund to the commissioner of
natural resources to implement components of the comprehensive
fish and wildlife plan under Minnesota Statutes, section 84.942,
to be available until June 30, 1989. $480,000 of this
appropriation is to assist both public and private landowners to
improve wildlife habitat. The approved complement of the
department of natural resources is increased by eight positions
in the classified service.
Sec. 78. Laws 1987, chapter 404, section 20, subdivision
6, is amended to read:
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. 79. Laws 1985, First Special Session chapter 15,
section 4, subdivision 6, is amended to read:
Subd. 6. To the commissioner of
natural resources to construct an
educational center at the Environmental
Learning Center at Isabella $1,853,900
This appropriation is for payment of a
grant to Lake county. This
appropriation is available only as
matched, dollar for dollar, by
contributions from nonstate sources.
Sec. 80. [CONVEYANCE TO CITY OF ST. PETER.]
Notwithstanding other law, the commissioner of natural
resources shall convey on behalf of the state the property
described in this section to the city of St. Peter. The
conveyance is contingent upon approval by the national park
service and must be made by quitclaim deed in a form approved by
the attorney general. After conveyance by the commissioner of
natural resources to the city of St. Peter, this land must be
used for purposes other than outdoor recreation.
The property to be transferred is located in the city of St.
Peter containing about 3.5 acres described as:
All of Lots 4, 5, 6, and 7 in Block 100 of the town of
Traverse des Sioux, South of Sibley Street, and that part of
Lots 8, 9, 10, and 11 in Block 100 lying westerly of the west
right-of-way line of Trunk Highway No. 169.
Also, all that part of the following described land lying
westerly of the westerly right-of-way line of U.S. Highway 169:
Beginning at the southeasterly corner of Lot 6 of Block 116 on
the north line of McCann Street in the town of Traverse des
Sioux south of Sibley Street; thence southwesterly to a point
where the west line of First or Main Street intersects the south
line of McCann Street; thence westerly along said south line of
McCann Street to the east line of Third Street; thence at right
angles southerly along said east line of Third Street 510 feet;
thence at right angles easterly 150 feet thence at right angles
southerly 150 feet to the north line of Rice Street; thence at
right angles easterly along said north line of Rice Street 510
feet; thence at right angles southerly to the east line of
Section 9, Township 110 North, Range 26 West; thence North along
said section line to a point where the north line of McCann
Street extended intersects the said section line; thence
westerly along the north line of McCann Street extended to the
point of beginning.
The property to be conveyed is a small tract west of U.S.
Trunk Highway No. 169 that was transferred to the city of St.
Peter as part of a 416 acre parcel to be used as a park but is
subject to a reverter. This reverter, which required the city
of St. Peter to retain these lands as a park, was included to
comply with the federal requirements of the Land and Water
Conservation Fund Act of 1965. The tract to be transferred is a
barren tract of land that has not served a park purpose and is
to be used for development.
Any use of these lands for other than outdoor recreation
will require the prior approval of the secretary of the
interior. The commissioner of natural resources will attempt to
secure approval for this conveyance from the secretary of the
interior. If approval is denied, the city of St. Peter will
assist the commissioner of natural resources in securing
approval by:
(1) acquiring replacement lands of at least equal fair
market value for outdoor recreation purposes and of reasonably
equivalent usefulness and location as those being conveyed under
this section;
(2) securing appraisals acceptable to the commissioner of
natural resources for both the property being conveyed and the
property to be acquired as replacement;
(3) preparing environmental documentation of the
replacement property in accordance with the National
Environmental Policy Act of 1969, as amended; and
(4) holding public hearings and accepting public comment on
this conveyance if required by the national park service.
Sec. 81. [CROW WING COUNTY CAMP LAND.]
Lands conveyed by the state to the St. Louis Park Lions
Club under Laws 1965, chapter 297, and required by that law to
be used only for the purposes of operating a boy scout camp may
be conveyed by the St. Louis Park Lions Club to Volunteers in
Partnership, Inc. and used for the purpose of operating a youth
camp, notwithstanding the reverter in the deed to the contrary.
If the lands are conveyed as authorized by this section, the
conveyance shall provide that the lands will revert to the state
upon failure to use them for a youth camp.
Sec. 82. [AGENCY HEAD SALARY INCREASES.]
The limitation imposed by Laws 1987, chapter 404, section
43, subdivision 2, on salary increases for positions listed in
Minnesota Statutes, section 15A.081, subdivision 1, does not
apply to the salary of a position that is moved by amendment of
section 15A.081, subdivision 1, to a higher salary range.
Sec. 83. [REPEALER.]
Minnesota Statutes 1986, section 10A.32, subdivision 3b;
and Laws 1987, chapter 358, section 31, are repealed.
Sec. 84. [EFFECTIVE DATE.]
This article is effective the day following final
enactment, except that the fee increases provided in section 55
are effective May 1, 1988; section 26 is effective October 1,
1988; and section 56 is effective January 1, 1989. Section 47
is effective July 1, 1989.
Sections 40 to 42 are effective January 1, 1989, and apply
to amounts checked off on income tax returns filed on and after
that date.
Sec. 85. [APPLICATION.]
Sections 57 and 58 apply retroactively to the effective
date of Laws 1987, chapter 389, section 2.
ARTICLE 2
Section 1. [CELEBRATE MINNESOTA 1990 GRANT PROGRAM.]
Subdivision 1. [GRANT PROGRAM.] The purpose of the
celebrate Minnesota 1990 grant program is to provide grants to
local communities to assist and encourage them to undertake
cleanup, beautification, and community improvement activities
and programs. The commissioner of trade and economic
development shall administer the program and is encouraged to
solicit private contributions to help support it. For purposes
of this section, "community" means a home rule charter or
statutory city, a town, a community improvement or development
organization, or an Indian tribe.
Subd. 2. [GRANT CRITERIA.] Grants made under this section:
(1) must be used for cleanup, beautification, or community
improvement projects, including but not limited to removing or
repairing dilapidated buildings; landscaping community entrance
areas; establishing public activity areas; preserving,
displaying, and interpreting historic structures or events; and
beautifying roadsides;
(2) may not exceed $25,000 to a single community each year;
(3) must be matched by the recipient community from
nonstate sources in the form of money, materials, services, or
volunteer labor, at a rate of at least $3 of nonstate money or
other contribution for each $1 of state money, with the amount
and kind of match for each grant determined by the commissioner;
and
(4) must be in addition to and not in replacement for the
normal level of community effort for the eligible projects or
activities.
Subd. 3. [COORDINATION WITH OTHER PROGRAMS.] A community
applying for a grant shall attempt to coordinate its project
with other available programs and resources, including the
Minnesota community improvement program, Minnesota beautiful,
the Minnesota community development program, and private
foundation initiatives.
Subd. 4. [GRANT APPLICATION PROCEDURE.] A participating
community shall submit a celebrate Minnesota 1990 plan in
accordance with application procedures of the commissioner of
trade and economic development. The plan must include a
description of the projects to be funded by the grant,
identification of the local match required under subdivision 2,
clause (c), and a timetable for completion.
Sec. 2. [ADVISORY COMMITTEE.]
Subdivision 1. [MEMBERS.] The celebrate Minnesota 1990
advisory committee consists of 11 members appointed by the
governor. Members of the committee must be representative of
community leadership, economic development organizations,
tourism, history, the arts, and the general public. The purpose
of the committee is to advise the commissioner of trade and
economic development and the executive director in the
development and coordination of the celebrate Minnesota 1990
program activities. Compensation and terms of removal are as
provided in section 15.059.
Subd. 2. [EXECUTIVE DIRECTOR.] The commissioner of trade
and economic development shall employ an executive director and
assistant executive director of the celebrate Minnesota 1990
advisory committee to serve in the unclassified service and be
members of the unclassified employees retirement plan. The
executive director shall:
(1) assist the commissioner and the committee in the
development and coordination of statewide celebrate Minnesota
1990 program activities;
(2) assist communities in the preparation of community
improvement projects and local festivals;
(3) coordinate the main street program, the Minnesota
beautiful and governor's design team programs, and community
improvement programs as they relate to celebrate Minnesota 1990
activities;
(4) develop a statewide promotional campaign for celebrate
Minnesota 1990 activities;
(5) coordinate state agency activities under section 3;
(6) prepare a report to be submitted to the legislature by
June 30, 1991, regarding celebrate Minnesota 1990 activities and
programs and recommending future activities and programs that
would promote Minnesota's environment and quality of life; and
(7) perform other duties assigned by the commissioner or
the committee.
Sec. 3. [STATE AGENCY COOPERATION.]
All state departments and agencies shall cooperate and
assist in the planning and execution of the celebrate Minnesota
1990 program. All state government activities relating to
celebrate Minnesota 1990 must be coordinated under the direction
of the executive director of the celebrate Minnesota 1990
advisory committee and the commissioner of trade and economic
development. All state departments and agencies shall make
available studies, reports, data, expertise, and technical
assistance necessary to the implementation of celebrate
Minnesota 1990 programs and activities.
Sec. 4. [DEFINITIONS.]
Subdivision 1. [TERMS.] For the purposes of sections 5 to
8, the following terms have the meaning given them in this
section.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of trade and economic development.
Subd. 3. [MARKETPLACE ASSISTANCE ORGANIZATION;
ORGANIZATION.] "Marketplace assistance organization" or
"organization" means the organization selected under section 5.
Sec. 5. [MINNESOTA MARKETPLACE PROGRAM.]
Subdivision 1. [PROGRAM ESTABLISHED.] The commissioner of
trade and economic development shall assist Minnesota businesses
through the Minnesota marketplace program to meet business needs
for competitive goods and services within Minnesota before
seeking suppliers from a wider marketplace.
Subd. 2. [ORGANIZATION SELECTION.] The commissioner shall
select and contract with a marketplace assistance organization
to administer the Minnesota marketplace program. The
organization must:
(1) be a nonprofit corporation;
(2) have officers and employees who are knowledgeable on
the subject of community-based economic development and
development strategies on a statewide basis; and
(3) have demonstrated the capability of providing
informational and technical services to communities and economic
development organizations.
The contract may not extend beyond June 30, 1990.
Subd. 3. [PROGRAM DUTIES.] The marketplace assistance
organization shall:
(1) provide promotional materials and conduct education
seminars to inform local communities, economic development
organizations, and businesses about the Minnesota marketplace
program;
(2) provide information and technical assistance to
organizations interested in applying for local service center
grants;
(3) develop standard procedures for the collection of
information required under section 6;
(4) collect and maintain information required under section
6;
(5) suggest to the commissioner goals and evaluation
procedures for the local service centers;
(6) recommend to the commissioner the criteria that should
be used in selecting local service centers;
(7) provide the commissioner with a list of recommended
organizations for selection as local service centers;
(8) coordinate Minnesota marketplace program activities
with existing department programs; and
(9) identify permanent funding sources for the Minnesota
marketplace program.
The organization may contract for the services of
consultants for the Minnesota marketplace program.
Sec. 6. [LOCAL SERVICE CENTERS.]
Subdivision 1. [SELECTION.] The commissioner shall select
and award grants to seven local service centers, with one
service center located within each of the six regions
established under Minnesota Statutes, section 116N.08,
subdivision 2, and one service center located within the
metropolitan area as defined in Minnesota Statutes, section
473.121, subdivision 2. Eligible service centers include
regional development commissions, community development
corporations, and other nonprofit corporations with the ability
to deliver program services on a regional basis.
Subd. 2. [GRANTS.] The commissioner must award grants to
the local service centers based on the following criteria:
(1) recommendations of the marketplace assistance
organization;
(2) the applicant's experience in providing a service or
administering a program similar to the program described in
section 5 and this section;
(3) the applicant's knowledge of business operations within
the region; and
(4) the applicant's ability to provide equal access to
businesses located within the region.
The local service center must provide at least a 50 percent
nonstate match to obtain a grant award. The commissioner may
award annual grants based upon local service center performance
standards, such as the number of businesses assisted per year.
Subd. 3. [DUTIES.] Local service centers shall:
(1) contact Minnesota businesses in order to identify goods
and services that are bought outside of Minnesota and to
determine which of these goods and services are available for
purchase on competitive terms within the region and the state;
(2) determine what goods and services businesses are
willing to purchase from within the region and the state;
(3) advertise goods and services available within Minnesota;
(4) compile a list of suppliers of goods and services
available for purchase within the region and the state;
(5) solicit contributions for the Minnesota marketplace
program; and
(6) report to the organization on all Minnesota marketplace
activities by July 1 of each year.
Sec. 7. [STATE AGENCY COOPERATION.]
State departments and agencies shall cooperate with the
organization selected to administer the Minnesota marketplace
program and with the local service centers in providing
information and technical assistance necessary for program
operations.
Sec. 8. [ANNUAL REPORT.]
On August 1 of each year, the marketplace assistance
organization shall submit a report to the commissioner on all
local service center Minnesota marketplace program activities.
Sec. 9. [ECONOMIC DEVELOPMENT FUND; TRANSFERS.]
The unencumbered balance of an appropriation in Laws 1987,
chapter 386 or chapter 404, section 26, subdivision 6, from the
economic development fund or the general fund to the
commissioner of trade and economic development to administer
programs in Laws 1987, chapter 386 or chapter 404, section 26,
subdivision 6, may be transferred from one of those
appropriations to another 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.
Sec. 10. [REPEALER.]
Sections 1 to 3 are repealed July 1, 1991. Sections 4 to 8
are repealed July 1, 1990.
Sec. 11. [EFFECTIVE DATE.]
Sections 4 to 9 are effective the day following final
enactment.
ARTICLE 3
PLANNING FOR YOUTH EMPLOYMENT
Section 1. [268.361] [DEFINITIONS.]
Subdivision 1. [TERMS.] For the purposes of sections 1 to
7, the following terms have the meanings given them.
Subd. 2. [ADVISORY COMMITTEE.] "Advisory committee" means
the committee established in section 3.
Subd. 3. [COMMISSIONER.] "Commissioner" means the
commissioner of the state planning agency.
Subd. 4. [ELIGIBLE ORGANIZATION.] "Eligible organization"
means a public agency or a nonprofit organization that can
demonstrate an ability to design a program for education and
training services provided to targeted youth. Eligible
organizations may include local jurisdictions, public school
districts, private nonsectarian schools, post-secondary
educational institutes, alternative schools, community groups,
and labor organizations.
Subd. 5. [HOMELESS INDIVIDUAL.] "Homeless individual" or
"homeless person" means:
(1) an individual who lacks a fixed, regular, and adequate
nighttime residence; and
(2) an individual who has a primary nighttime residence
that is:
(i) a supervised publicly or privately operated shelter or
dwelling designed to provide temporary living accommodations;
(ii) an institution that provides a temporary residence for
individuals intended to be institutionalized; or
(iii) a public or private place not designed for, or
ordinarily used as, a regular sleeping accommodation for humans.
The term "homeless individual" does not include any
individual imprisoned or otherwise detained under federal or
state law.
Subd. 6. [TARGETED YOUTH.] "Targeted youth" means persons
that are at least 16 years of age but not older than 21 years of
age and are part of one of the following groups:
(1) persons who are not attending any school and have not
received a secondary school diploma or its equivalent; or
(2) persons currently enrolled in a traditional or
alternative school setting or a GED program and who, in the
opinion of an official of the school, are in danger of dropping
out of the school.
Subd. 7. [VERY LOW INCOME.] "Very low income" means
incomes that are at or less than 30 percent of the median income
for the Minneapolis-St. Paul metropolitan area.
Sec. 2. [268.362] [PLANNING GRANTS.]
The commissioner shall make grants of up to $20,000 to
eligible organizations for the design of programs to provide
education and training services to targeted youth. The purpose
of these programs is to provide specialized training and work
experience to at-risk targeted youth who have not been served
effectively by the current educational system. The programs are
to be designed to include a work experience component with work
projects that result in the rehabilitation or construction of
residential units for the homeless. Two or more eligible
organizations may jointly apply for a planning grant. The
commissioner shall administer the grant program.
Interested eligible organizations must apply to the
commissioner for the grants. The advisory committee must review
the applications and provide to the commissioner a list of
recommended eligible organizations that the advisory committee
determines meet the requirements for receiving a planning
grant. The commissioner shall select from the committee's list
at least four organizations to receive the planning grants with
at least one organization located in each of the cities of
Minneapolis and St. Paul and two organizations located outside
the metropolitan area defined in section 473.121, subdivision 2.
Sec. 3. [268.363] [ADVISORY COMMITTEE.]
A 13-member advisory committee is established as provided
under Minnesota Statutes, section 15.059 to assist the
commissioner in selecting eligible organizations to receive
planning grants, evaluating the final reports of each
organization, and providing recommendations to the legislature.
Members of the committee may be reimbursed for expenses but may
not receive any other compensation for service on the
committee. The advisory committee consists of representatives
of the commissioners of education, human services, and jobs and
training; a representative of the state director of vocational
education; a representative of the commissioner of the housing
finance agency; the director of the office of jobs policy; and
seven public members appointed by the governor. Each of the
following groups must be represented by a public member: labor
organizations, local educators, community groups, consumers,
local housing developers, youth between the ages of 16 and 21,
and homeless persons. At least three of the public members must
be from outside of the metropolitan area as defined in section
473.121, subdivision 2. The commissioner may provide staff to
the advisory committee to assist it in carrying out its purpose.
Sec. 4. [268.364] [PROGRAM PURPOSE AND DESIGN.]
Subdivision 1. [PROGRAM PURPOSE.] The grants awarded under
section 2 are for the design of a youth employment and training
program directed at targeted youth who are likely to be at risk
of not completing their high school education. Each program
design must include education, work experience, and job skills
components.
Subd. 2. [EDUCATION COMPONENT.] A program design must
contain an education component that requires program
participants who have not completed their secondary education to
be enrolled in a traditional public or private secondary school,
a suitable alternative school setting, or a GED program.
Program participants must be working toward the completion of
their secondary education or literacy advancement.
Subd. 3. [WORK EXPERIENCE COMPONENT.] A work experience
component must be included in each program design. The work
experience component must provide vocational skills training in
an industry where there is a viable expectation of job
opportunities and a training subsidy or stipend may be provided
to program participants. The wage or stipend must be provided
to participants who are recipients of public assistance in a
manner or amount which will not reduce public assistance
benefits. The work experience component must be designed so
that work projects result in the expansion of residential units
for homeless persons and very low income families, and must
include direct supervision by individuals skilled in each
specific vocation. The program design must include an
examination of how program participants may earn credits toward
the completion of their secondary education from their
participation in the work experience component.
Subd. 4. [JOB READINESS SKILLS COMPONENT.] A job readiness
skills component must be included in each program design. The
component must provide program participants with job search
skills, placement assistance, and other job readiness skills to
ensure that participants will be able to compete in the
employment market.
Subd. 5. [ELIGIBLE PROGRAM PROVIDERS.] A program design
must include the examination of the types of organizations that
would administer and operate the program. The types of
organizations examined must include public school districts,
private nonsectarian schools, alternative schools, local
jurisdictions, housing related groups, community groups, and
labor organizations, or a joint effort among two or more of
these organizations.
Sec. 5. [268.365] [HOUSING FOR HOMELESS.]
Subdivision 1. [REQUIREMENT.] The work experience
component of the youth employment and training program described
in section 4 must include work projects that provide residential
units through construction or rehabilitation for the homeless
and families with very low incomes.
Subd. 2. [PRIORITY FOR HOUSING.] Any residential units
that become available through the employment and training
program must be allocated in the following order:
(1) homeless families with at least one dependent;
(2) other homeless individuals;
(3) other very low income families and individuals; and
(4) families or individuals that receive public assistance
and that do not qualify in any other priority group.
Subd. 3. [ACQUISITION OF HOUSING UNITS.] The program
design must include an examination of the means of acquiring
property or buildings for the construction or rehabilitation of
residential units at the lowest possible cost. The examination
must include the review of possible sources of property and
funding through federal, state, or local agencies, including the
federal Department of Housing and Urban Development, Farmers
Home Administration housing finance agency, and the local
housing authority.
Subd. 4. [MANAGEMENT OF RESIDENTIAL UNITS.] The program
design must address how to manage these residential units,
including the source of financing for the maintenance costs of
the buildings. Any management plan must include the
participation of the residents and local established
neighborhood groups.
Sec. 6. [268.366] [REQUIREMENTS OF ORGANIZATIONS RECEIVING
GRANTS.]
An organization that is awarded a planning grant under
section 2 shall prepare and submit a report to the commissioner
by January 15, 1989. The report must address each of the
following:
(1) the method for encouraging the participation of the
targeted youth in the geographic area surrounding the
organization receiving the grant;
(2) the support services and social services that targeted
youth require and the means of providing those services to
program participants. Services may include client needs
assessment, preemployment skills such as basic job skills and
behavior, and intermediate needs such as education and chemical
dependency treatment;
(3) the type and degree of work experience that program
participants must participate in, including real work experience
in both vocational and nonvocational settings;
(4) the amount of training subsidy or stipend that each
participant should receive while participating in the work
experience component. The subsidy or stipend must reflect
prevailing wage and benefits standards appropriate for
preapprenticeship training unless a participant's receipt of
public assistance is affected. The subsidy or stipend should be
structured to include incentives for progress toward increasing
job skills and completing secondary education;
(5) the identification and means of providing the necessary
job readiness skills so that program participants who have
completed the work experience and educational components of the
program may have the ability to compete in the job market.
These job search skills may include skills assessment, job
search and selection, application preparation and assistance in
preparing for job interviews;
(6) the methods that may be used to assist in placing
program participants in suitable employment. The methods should
include means of involving state government, businesses, labor
organizations, community groups, and local jurisdictions in
assisting in the placement;
(7) a plan for evaluating the program, including the
necessary data elements that must be collected from program
participants after they have completed the program to monitor
the success of the program;
(8) the method used to maximize parental involvement in the
program;
(9) the identification of existing public and private
programs that may be utilized by the program to avoid
duplication of services;
(10) the identification of regional characteristics that
may affect the operation of the program in the specific region
where the organization is located;
(11) the identification and special needs of priority
groups of targeted youth, which groups may include:
(i) persons who are responsible for at least one dependent;
(ii) persons who are pregnant;
(iii) persons who are or have been subject to any stage of
the criminal justice system and who may benefit from receiving
employment and training services in overcoming barriers to
employment resulting from a record of arrest or conviction;
(iv) persons receiving income maintenance services and
social services, including chemical dependency treatment,
vocational rehabilitation services, and protection services;
(v) persons who reside on a farm who personally derive or
whose family derives a substantial portion of their income from
farming, lack nonfarm work skills, or have limited access to
vocational education or work experience opportunities;
(vi) homeless youth; and
(vii) minors who that are not financially dependent on a
parent or a guardian;
(12) cost estimates for each of the components of the
program; and
(13) the identification of funding sources other than state
appropriations that may be used to support the program.
Sec. 7. [268.367] [REPORT.]
The commissioner shall prepare and submit a report to the
legislature and the governor by February 15, 1989, that outlines
the various program designs submitted by the organizations that
received planning grants. The report must also include
recommendations on which components of the program designs are
most suitable to meeting the needs of targeted youth. The
advisory committee must participate in the preparation of this
report and in the formulation of the recommendations.
ARTICLE 4
FOREST ROADS
Section 1. Minnesota Statutes 1986, section 89.001, is
amending by adding a subdivision to read:
Subd. 14. "State forest road" means a road constructed,
acquired, maintained, or administered by the commissioner for
the purpose of carrying out forest resource management policy as
set forth in section 89.002.
Sec. 2. Minnesota Statutes 1986, section 89.01, is amended
by adding a subdivision to read:
Subd. 7. The commissioner shall establish a forest road
coordination committee in each forestry administrative area in
which a state or county forest road is located. The
commissioner shall appoint as members representatives from among
the following: road authorities, county land commissioners,
local governments, the forest products industry, and forest
recreation interests. Each committee must meet at least once
annually. The committees shall assist in providing a
transportation system to facilitate the protection, management,
and use of this state's forest resources. The purpose of the
committees includes coordination of the planning, construction,
maintenance, and use of forest roads, and of restrictions on
their use.
Sec. 3. Minnesota Statutes 1986, section 89.19, is amended
to read:
89.19 [RULES.]
The commissioner shall have power to may prescribe such
rules governing the use of state forest lands under the
authority of the commissioner and state forest roads, or
any part parts thereof, by the public or and governing the
exercising exercise by holders of leases or permits upon state
on forest lands and state forest roads of all their rights under
such the leases or permits as may be necessary to carry out the
purposes of this chapter.
Sec. 4. [89.70] [STATE FOREST ROAD ACCOUNT.]
There is created in the state treasury a state forest road
account in the special revenue fund, consisting of money
credited under section 8. Money in the state forest road
account is appropriated to the commissioner and remains
available until expended for:
(1) acquisition, development, maintenance, and
administration of state forest roads under the jurisdiction of
the commissioner of natural resources; and
(2) the commissioner's share of the cost of cooperative
maintenance agreements made with other providers of forest roads.
Sec. 5. [89.71] [FOREST ROADS.]
Subdivision 1. [DESIGNATION, INVENTORY, RECORDING.] Forest
roads, bridges, and other improvements administered under
section 89.002, subdivision 3, are designated as state forest
roads to the width of the actual use including ditches,
backslopes, fills, and maintained right-of-way, unless otherwise
specified in a prior easement of record. The commissioner may
undesignate all or part of a state forest road that is not
needed to carry out forest resource management policy. The
commissioner shall maintain and keep current an inventory
listing and describing roads in which the state claims a right
or property interest for state forest road purposes. The
commissioner may file for record with a county recorder or
registrar of titles appropriate documents setting forth the
state's interest in all or part of any state forest road.
Subd. 2. [RIGHT-OF-WAY.] Additional rights-of-way and
easements, including easements needed for drainage or slopes,
may be acquired by the commissioner by purchase or gift and by
condemnation for safety or environmental protection on existing
roads and to provide access to tracts of public land larger than
1,000 acres having no access, following a public meeting in the
area affected. Rights-of-way and easements shall be designated
as state forest roads when needed for construction, maintenance,
or safety of roads.
Subd. 3. [CONSTRUCTION; MAINTENANCE.] The commissioner
shall develop specifications for the design and construction of
state forest roads and shall establish maintenance schedules for
forest roads consistent with their intended use.
Subd. 4. [RULES.] In adopting rules relating to the use of
state forest roads, the commissioner may incorporate into the
rules, by reference, traffic regulations contained in chapter
169.
Subd. 5. [POSTING OF MINIMUM-MAINTENANCE FOREST
ROADS.] The commissioner may designate a state forest road as a
minimum-maintenance forest road to be maintained at a level
consistent with the intended use. Designation of a state forest
road as a minimum-maintenance forest road is effective on the
posting of signs, at entry points to the road and at regular
intervals along the road, to the effect that the road is a
minimum-maintenance forest road and that the user travels on the
road at the user's risk. Posting of the signs is prima facie
evidence that adequate notice of minimum-maintenance status has
been given to the public. Liability on a road designated under
this subdivision is governed by section 160.095, subdivision 4.
Subd. 6. [CONVEYANCE OF UNNEEDED ROADS TO OTHER
GOVERNMENTS.] When the commissioner undesignates a state forest
road and determines that the road is no longer needed for any
state purpose, the commissioner may convey by mutual agreement,
in the manner provided in section 84.63, the state interest in
the road to the United States, the state of Minnesota, or any of
its subdivisions, whether or not the road is on state land.
Subd. 7. [COMMISSIONER NOT A ROAD AUTHORITY UNDER HIGHWAY
LAWS.] Except as otherwise provided, the commissioner is not a
road authority under chapters 160 to 168, and chapters 160 to
168 do not apply to forest roads unless specifically made
applicable by law or rule.
Sec. 6. [89.72] [COUNTY FOREST ACCESS ROAD ACCOUNT.]
There is created in the state treasury a county forest
access road account in the special revenue fund, consisting of
money credited under section 8. Money in the county forest
access road account is appropriated to the commissioner for
distribution to counties managing forest lands administered
through a county land department under the jurisdiction of a
land commissioner appointed under section 282.13. The payments
must be made by July 15 and January 15 of each year through the
commissioner and in proportion to each county's ownership of
commercial forest lands, for purposes of constructing,
reconstructing, acquiring, and maintaining county management
access roads, including the acquisition of rights-of-way or
easements as may be needed.
Sec. 7. Minnesota Statutes 1986, section 296.16, is
amended by adding a subdivision to read:
Subd. 1a. [INTENT; FOREST ROADS.] $675,000 of the total
annual unrefunded revenue from the gasoline fuel tax on all
gasoline and special fuel received in, produced, or brought into
this state, except gasoline and special fuel used for aviation
purposes, is derived from the operation of motor vehicles on
state forest roads and county forest access roads, and of this
sum, $400,000 is annually derived from motor vehicles operated
on state forest roads and $275,000 is annually derived from
motor vehicles operated on county forest access roads in this
state.
Sec. 8. Minnesota Statutes 1986, section 296.421, is
amended by adding a subdivision to read:
Subd. 8. [COMPUTATION AND DISTRIBUTION OF UNREFUNDED TAXES
FOR FOREST ROADS.] The amount of unrefunded tax paid on gasoline
and special fuel used to operate motor vehicles on forest roads,
except gasoline and special fuel used for aviation purposes, is
$675,000 annually and is appropriated from the highway user tax
distribution fund and must be transferred and credited in equal
installments on July 1 and January 1 as follows: $400,000 must
be credited to a state forest road account and $275,000 must be
credited to a county management access road account.
Sec. 9. Laws 1987, chapter 404, section 22, subdivision 4,
is amended to read:
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.
Sec. 10. [STUDY AND REPORT TO LEGISLATURE.]
The commissioners of transportation, natural resources, and
revenue shall study and determine the percentage of revenue
received from the unrefunded gasoline and special fuel tax that
is derived from gasoline and special fuel for the operation of
motor vehicles on state forest roads and county forest roads
from May 1, 1988, to April 30, 1989. The commissioners shall
report the results of this study by October 1, 1989, to the
transportation committees of the senate and house of
representatives and to the house appropriations and the senate
finance committees.
Sec. 11. [COUNTY FOREST ROAD STUDY.]
Counties having county forest access roads may use payments
from the county management access road account to study,
determine, and inventory by October 1, 1989, these roads and
their use by logging trucks, recreational vehicles, and other
users.
Sec. 12. [EFFECTIVE DATE.]
Sections 1 to 8 are effective July 1, 1988. Sections 9 to
11 are effective the day following final enactment.
ARTICLE 5
SPECIAL REVENUE ACCOUNTS
Section 1. Minnesota Statutes 1987 Supplement, 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 November 1. The revisor
shall assess agencies for double the actual cost of bill
drafting services rendered to them on requests delivered to the
revisor after November 1. The revisor shall also assess an
agency for the actual cost or double the actual cost, as
appropriate, for drafting a request that a senator or
representative submits to the revisor's office on behalf of the
agency. The revisor may not assess a department or agency for
the costs related to drafting affecting an agency if the request
for drafting originated from within the legislature. Receipts
from the assessment must be deposited in the state treasury and
credited to the revisor's account general fund.
Sec. 2. Minnesota Statutes 1987 Supplement, 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 general fund.
Sec. 3. Minnesota Statutes 1987 Supplement, section 3C.12,
subdivision 7, is amended to read:
Subd. 7. [SALE PRICE.] The revisor shall fix a reasonable
sale price of an edition of Minnesota Statutes, supplement to
Minnesota Statutes, or edition of Laws of Minnesota. Revenue
from the sale of the Minnesota Statutes, supplements to
Minnesota Statutes, and Laws of Minnesota must be deposited in
the revisor's account general fund.
Sec. 4. Minnesota Statutes 1986, section 14.07,
subdivision 1, is amended to read:
Subdivision 1. [RULE DRAFTING ASSISTANCE PROVIDED.] (a)
The revisor of statutes shall:
(1) maintain an agency rules drafting department to draft
or aid in the drafting of rules or amendments to rules for any
agency in accordance with subdivision 3 and the objective or
other instructions which the agency shall give the revisor; and,
(2) prepare and publish an agency rules drafting guide
which shall set out the form and method for drafting rules and
amendments to rules, and to which all rules shall comply.
(b) The revisor shall assess an agency for the actual cost
of providing aid in drafting rules or amendments to rules. The
agency shall pay the assessment using the procedures of section
3C.056. Each agency shall include in its budget money to pay
the revisor's assessment. Receipts from the assessment must be
deposited in the state treasury and credited to the revisor's
account general fund.
(c) An agency may not contract with an attorney,
consultant, or other person either to provide rule drafting
services to the agency or to advise on drafting unless the
revisor determines that special expertise is required for the
drafting and the expertise is not available from the revisor or
the revisor's staff.
Sec. 5. Minnesota Statutes 1986, section 14.07,
subdivision 2, is amended to read:
Subd. 2. [APPROVAL OF FORM.] No agency decision to adopt a
rule or emergency rule, including a decision to amend or modify
a proposed rule or proposed emergency rule, shall be effective
unless the agency has presented the rule to the revisor of
statutes and the revisor has certified that its form is
approved. The revisor shall assess an agency for the actual
cost of processing rules for consideration for approval of
form. The assessments must include necessary costs to create or
modify the computer data base of the text of a rule and the cost
of putting the rule into the form established by the drafting
guide provided for in subdivision 1. The agency shall pay the
assessments using the procedures of section 3C.056. Each agency
shall include in its budget money to pay revisor's assessments.
Receipts from the assessments must be deposited in the state
treasury and credited to the revisor's account general fund.
Sec. 6. Minnesota Statutes 1987 Supplement, section 14.08,
is amended to read:
14.08 [REVISOR OF STATUTES 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. 7. Minnesota Statutes 1986, section 14.47,
subdivision 8, is amended to read:
Subd. 8. [SALES AND DISTRIBUTION OF COMPILATION.] Any
compilation, reissue, or supplement published by the revisor
shall be sold by the revisor for a reasonable fee and its
proceeds deposited in the revisor's account general fund. An
agency shall purchase from the revisor the number of copies of
the compilation or supplement needed by the agency. The revisor
shall provide without charge copies of each edition of any
compilation, reissue, or supplement to the persons or bodies
listed in this subdivision. Those copies must be marked with
the words "State Copy" and kept for the use of the office. The
revisor shall distribute:
(a) 25 copies to the office of the attorney general;
(b) 12 copies for the legislative commission for review of
administrative rules;
(c) 3 copies to the revisor of statutes for transmission to
the Library of Congress for copyright and depository purposes;
(d) 150 copies to the state law library;
(e) 10 copies to the law school of the University of
Minnesota; and
(f) one copy of any compilation or supplement to each
county library maintained pursuant to section 134.12 upon its
request, except in counties containing cities of the first
class. If a county has not established a county library
pursuant to section 134.12, the copy will be provided to any
public library in the county upon its request.
Sec. 8. Minnesota Statutes 1987 Supplement, section
480.236, is amended to read:
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 the
general fund.
Sec. 9. Minnesota Statutes 1987 Supplement, section
480.241, subdivision 2, is amended to read:
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 the state treasury and credit to the general
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. 10. [REPEALER.]
Minnesota Statutes 1986, sections 3C.055; 3C.057; 5.13; and
16A.625, are repealed.
Sec. 11. [EFFECTIVE DATE.]
This article is effective July 1, 1989.
Approved April 28, 1988
Official Publication of the State of Minnesota
Revisor of Statutes