Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1990, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1990
CHAPTER 594-H.F.No. 2419
An act relating to the organization and operation of
state government; appropriating money for the general
legislative, judicial, and administrative expenses of
state government; providing for the transfer of
certain money in the state treasury; fixing and
limiting the amount of fees, penalties, and other
costs to be collected in certain cases; creating,
abolishing, modifying, and transferring agencies and
functions; defining and amending terms; providing for
settlement of claims; imposing certain duties,
responsibilities, authority, and limitations on
agencies and political subdivisions; consolidating
certain funds and accounts and making conforming
changes; changing the organization, operation,
financing, and management of certain courts and
related offices; amending Minnesota Statutes 1988,
sections 2.722, subdivision 4; 3.736, subdivision 7;
11A.07, subdivision 5; 15.53, by adding a subdivision;
89.58; 115A.15, subdivision 6; 116.36, subdivision 1;
116.65, subdivision 3; 116D.045, subdivision 3;
116P.05; 116P.11; 176B.02; 176B.04; 190.08, by adding
a subdivision; 201.023; 243.48, subdivision 1;
268.677, subdivision 2; 268.681, subdivision 3;
270.68, subdivision 1; 282.014; 296.06, subdivision 2;
296.12, subdivisions 1 and 2; 296.17, subdivisions 10
and 17; 297.03, subdivision 5a; 326.75, subdivision 4;
349.22, subdivision 2; 349.36; 349.52, subdivision 3;
and 480A.01, subdivision 3; Minnesota Statutes 1989
Supplement, sections 16A.11, subdivision 3; 16A.133,
subdivision 1; 16B.24, subdivision 6; 16B.28,
subdivision 3; 16B.465, subdivision 1; 41A.05,
subdivision 1; 43A.02, subdivision 25; 43A.24,
subdivision 2; 85.205; 105.41, subdivision 5a;
115A.54, subdivision 2a; 116.85; 190.25, subdivision
3; 270.064; 357.021, subdivision 2; 357.022; and
357.08; Laws 1989, chapter 335, articles 1, section
28; and 4, section 109, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapters 15;
16A; 88; 116; and 484; proposing coding for new law as
Minnesota Statutes, chapter 116Q; repealing Minnesota
Statutes 1988, sections 85.30; 268.681, subdivision 4;
and 326.82; Minnesota Statutes 1989 Supplement,
section 480.241; Laws 1989, chapter 303, section 10.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
STATE DEPARTMENTS
Section 1. [STATE DEPARTMENTS; APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
added to, or if shown in parentheses, are subtracted from the
appropriations in Laws 1989, chapter 335, to the specified
agencies and for the purposes specified in this act. The
figures "1990" and "1991," where used in this act, mean that the
appropriations or reductions listed under them are available for
the year ending June 30, 1990, or June 30, 1991, respectively.
SUMMARY BY FUND
1990 1991 TOTAL
General $( 1,183,000) $(15,751,000) $(16,934,000)
Special Revenue 100,000 ( 1,149,000) ( 1,049,000)
Minnesota Resources ( 72,000) ( 72,000)
Game and Fish 150,000 150,000
Natural Resources 30,000 1,030,000 1,060,000
Environmental 150,000 150,000
Trunk Highway Fund ( 1,864,000) ( 1,864,000)
TOTAL $( 1,053,000) $(17,506,000) $(18,559,000)
APPROPRIATIONS
Available for the Year
Ending June 30
1990 1991
Sec. 2. LEGISLATURE
Subdivision 1. Senate (440,000)
Subd. 2. House of Representatives (560,000)
Subd. 3. Legislative Coordinating
Commission (62,000)
(a) Legislative auditor (71,000)
(b) This appropriation is to the 105,000 85,000
revisor of statutes for costs associated
with additional printing of special
session and supplemental statutes
and expansion of the computer room.
(c) This appropriation and the amount 300,000
appropriated by Laws 1989, chapter 335,
article 1, section 2, subdivision 4,
paragraph (k), for the subcommittee
on redistricting are available until
June 30, 1993.
(d) The legislative coordinating
commission shall use funds in the
commission's contingent account for
litigation expenses to affirm
constitutional budgetary processes.
Sec. 3. SUPREME COURT
(a) This appropriation is to the state 5,000
court administrator and is a one-time
grant to match a federal Department of
Justice grant to train judges in the
extent of drug use and drug laws.
This appropriation is contingent on the
court receiving the federal grant.
(b) This appropriation is to the state 57,000
court administrator and is a one-time
grant to match a federal Department of
Justice grant for development and
implementation of court case management
strategies. This appropriation is
contingent on the court receiving
the federal grant.
(c) General Reduction (199,000)
(d) The supreme court is requested to
review its judicial work guidelines in
the light of increasing demands on
judges' time and the lack of state
resources for additional judges beyond
those currently funded. This should
include review of guidelines for the
accumulation of annual leave not taken.
Sec. 4. COURT OF APPEALS (45,000)
Sec. 5. TRIAL COURTS
(a) The legislature intends to
appropriate at its 1991 regular session
the money necessary to continue the
eighth district pilot project until
December 31, 1991.
(b) The legislature intends to evaluate
the eighth district pilot project
during the 1991 regular session and
decide at that time whether to continue
the state takeover of trial court costs
in the eighth district and whether to
proceed to take over further trial
court costs in other judicial districts.
(c) This appropriation is to Scott 67,000
county for deposit in the county
general fund for expenses incurred.
Sec. 6. JUDICIAL STANDARDS BOARD (3,000)
Sec. 7. BOARD OF PUBLIC DEFENSE (100,000)
Sec. 8. GOVERNOR AND LIEUTENANT (130,000)
GOVERNOR
Sec. 9. SECRETARY OF STATE (31,000)
Sec. 10. STATE TREASURER (57,000)*
(This section was vetoed by the governor.)
Sec. 11. STATE AUDITOR (12,000)
Sec. 12. ATTORNEY GENERAL (274,000)
This appropriation is for 70,000
prosecution of lawful gambling cases.
Sec. 13. ADMINISTRATION
(a) General Reduction (344,000)
(b) For legal fees incurred by use of 133,000
private counsel for an asbestos removal
lawsuit from which the state shall receive
$400,000 in settlement fees.
(c) To Minnesota Public Radio for 30,000
ongoing construction at the Duluth station.
(d) $900,000 shall be loaned from the
computer services revolving fund for a
period not to exceed five years to the
STARS revolving fund to be used for
STARS planning. The state-operated
lottery and the STARS project shall
jointly assess the feasibility and
long-term benefits of using the STARS
network to meet the telecommunications
needs of the state-operated lottery.
The progress of the assessment shall be
reported to the chairs of the house
appropriations committee and the senate
finance committee by June 1, 1990, and
December 31, 1990.
(e) The commissioner of administration
shall study and report to the
legislature by January 15, 1991, on
various incentives that might be
provided to state managers to reduce
spending while still accomplishing
program objectives.
Sec. 14. STATE BOARD OF INVESTMENT (34,000)
Sec. 15. CAPITOL AREA
ARCHITECTURAL AND PLANNING BOARD (13,000)
Sec. 16. FINANCE (245,000)
(a) The position of deputy commissioner
of finance is abolished.
(b) The commissioner shall reduce the
budget base for the agency by five
percent as part of the 1992-1993
biennial budget and present a plan for
implementation of that reduction as
part of the budget document submitted
in January 1991.
Sec. 17. EMPLOYEE RELATIONS (192,000)
The commissioner may spend up to
$300,000 and add four positions from
the public employees insurance trust
fund.
Sec. 18. REVENUE
(a) General Reduction (618,000) (932,000)
(b) The department shall develop and
report to the legislature a method of
accurately accounting for sales tax
receipts from solid waste collection
and disposal services.
(c) Gambling Regulation 50,000 350,000
Five investigators and two support
staff are added to the department of
revenue criminal division. The
investigators shall be in the
unclassified service. Up to two
investigator positions may be auditors.
The commissioner shall give a priority
within the division to cases that
involve violations of the laws
governing lawful gambling and shall
provide the criminal division with the
support resources necessary to carry
out its responsibilities.
Notwithstanding any law to the
contrary, the criminal investigation
unit shall use its existing authority
to investigate any potential criminal
activity related to lawful gambling.
Upon completion of the investigations,
the division may refer them to the
attorney general for prosecution. The
commissioner of revenue shall report to
the legislature no later than January
31, 1992, on the results of the
division's investigations.
(d) On July 1, 1990, the commissioner
of finance shall transfer $60,000 from
the heat applied cigarette tax stamp
revolving account to the general fund.
Sec. 19. TAX COURT (9,000)
Sec. 20. NATURAL RESOURCES
(a) General Reduction (1,263,000)
(b) Minerals diversification activity (200,000)
(c) Beaver dam control program (100,000)
(d) This appropriation is for a 138,000
grant to the forest resource center for
a shiitake mushroom demonstration
project. This grant is contingent upon
receipt of matching funds at least
equal to the amount of the grant.
(e) Mississippi Headwaters Board 50,000
$10,000 of this amount is for payment
to the Leech Lake Band of Chippewa
Indians to implement their portion of
the comprehensive plan for the upper
Mississippi.
(f) For a tree planting for carbon 25,000
dioxide absorption study.
(g) By January 1, 1991, the
commissioner of natural resources and
the commissioner of the pollution
control agency, in consultation with
representatives of industry that may be
affected by a surcharge on carbon
dioxide emissions, and representatives
of the forestry and environmental
communities, shall prepare a report on
the use of a surcharge on carbon
dioxide emissions. The report shall:
(1) consider an appropriate fee on
mechanized sources of carbon dioxide
emissions, including motor vehicle and
permitted facilities in the air
emission inventory of the pollution
control agency;
(2) recommend methods of encouraging
tree and perennial shrubs and vines
planting to be implemented in lieu of
payment of part or all of a surcharge;
and
(3) include a planting plan for carbon
dioxide absorption that identifies the
proper mix of species for adequate
absorption, the proper placement of
trees for energy efficiency and
conservation, the areas of the state
most effective for proper tree
planting, the adequate production of
state nursery stock, the available
procurement of private nursery stock, a
range of costs to plant adequate
species that absorb carbon dioxide, and
the current and prospective
distribution system to allow adequate
species to be planted.
(h) The commissioners of the pollution
control agency and the department of
natural resources may solicit and
accept money from nonstate sources to
accomplish the responsibilities in
paragraph (g). Donations received to
complete the study must be deposited in
the state treasury and credited to a
separate account. The money in the
account received for the purposes of
the study is appropriated to the
commissioner of natural resources.
(i) This appropriation is from the 500,000
snowmobile account for snowmobile
grants-in-aid.
(j) This appropriation is from the 100,000
nongame wildlife account and is to be
used for administrative costs
associated with implementation of the
corporate nongame check-off. Eurasian
water milfoil control projects shall be
eligible to receive corporate nongame
wildlife funding in preparing the
1992-1993 biennial budget requests.
(k) This appropriation is from the game 150,000
and fish fund for repair of the French
River Hatchery Dam.
(l) This appropriation is from the 500,000
all-terrain vehicle account and is to
be used as grants-in-aid for trail
maintenance on multiple use trails.
Grants are to be issued to counties
with all-terrain vehicle organizations
and snowmobile organizations that have
entered into multiple use agreements
for trails that currently qualify for
snowmobile grants-in-aid trails under
Minnesota Statutes, section 84.83.
(m) Any unencumbered balance remaining
in the appropriation for acquisition of
Grand Portage state park in Laws 1989,
chapter 259, section 9, subdivision 1,
may be transferred to the appropriation
in Laws 1989, chapter 259, section 9,
subdivision 2, for acquisition in
Sibley state park following completion
of the Grand Portage acquisition.
(n) Notwithstanding any other law to
the contrary, no political subdivision
shall condemn or remove any bridges on
the Blue Ox Trail in Beltrami county
that have not first been declared
unsafe by the Minnesota department of
transportation.
Sec. 21. ZOOLOGICAL BOARD
(a) General Reduction (101,000)
(b) Coral Reef Shark Exhibit 100,000
The complement of the zoo is increased
by 2 positions.
(c) Dinosaurs Alive Exhibit 130,000
Sec. 22. POLLUTION CONTROL AGENCY
(a) This reduction is from the (1,500,000)
money appropriated from the general
fund in Laws 1989, chapter 335,
article 1, section 23, subdivision 4, for
transfer to the environmental
response compensation and compliance
fund is reduced.
(b) General Reduction (213,000)
(c) This appropriation is for 250,000
distribution as grants through
the individual on-site treatment
program under Minnesota Statutes,
section 116.18, subdivision 3c.
(d) This appropriation is from the 80,000
environmental fund for the site
response property transfer program.
(e) Resource Recovery Operator Training 70,000
This appropriation is from the
environmental fund and is to be
transferred to the jobs skills
partnership program.
(f) The agency's federal fund
complement is reduced by three and the
special revenue complement is increased
by three to reflect a change in the
method used to account for federal
indirect costs.
Sec. 23. OFFICE OF WASTE MANAGEMENT
(a) General Reduction (200,000) (414,000)
(b) This reduction is from the (1,234,000)
SCORE grants to counties identified in
Laws 1989, First Special Session
chapter 1, article 24, section 2.
(c) This appropriation is for the 285,000
capital assistance program.
The agency's authorized complement
is increased by seven positions for
administration of the capital
assistance program.
(d) Notwithstanding any other law to
the contrary, any outstanding
obligations that may be held in St.
Louis county for grants issued to the
county for construction or operation of
the Babbitt waste tire facility under
Minnesota Statutes 1986, section
116M.07; Minnesota Statutes, section
115A.54, subdivision 2a; or 298.22,
shall be suspended until June 30, 1993.
Sec. 24. TRADE AND ECONOMIC
DEVELOPMENT
Subdivision 1. Agency
Supplemental Appropriations
(a) $500,000 of the unobligated balance
in the agricultural and economic
development account established in
Minnesota Statutes, section 41A.05,
subdivision 1, is transferred to the
capital access account in the special
revenue fund created in Minnesota
Statutes, section 116J.876, subdivision
4, for guaranteeing loans under the
capital access program. Any remaining
balance shall cancel to the general
fund.
(b) For the job skills partnership 500,000
for aviation training. This amount is
not subject to the grant limits under
Minnesota Statutes, section 116L.04.
This portion of the appropriation does
not cancel and is available until
expended.
(c) For the Minnesota trade 50,000
office for awarding grants to nonprofit
organizations to support cultural and
educational exchange programs that may
lead to long-term trading relations.
Grants must be matched with at least $3
of nonpublic funds for every dollar of
state grant funds awarded under this
provision.
(d) For a grant to the region 1 30,000
development commission for
international trade and promotion
activities. The commission must
cooperate with similar organizations in
North Dakota and Manitoba.
(e) For the purposes of 110,000
planning, engineering, and acquisition
of a public facilities project in
a tourism-intensive area.
(f) Minnesota Council for Quality 50,000
(g) For administration of 50,000
Celebrate 1990.
(h) Of the amount appropriated for
operation and maintenance of the
regional park system in fiscal year
1991, $120,000 is for construction of
four floating fishing piers on the
Mississippi river, two within the
boundaries of cities of the first
class, and two outside the boundaries
of cities of the first class.
(i) Notwithstanding any law to the
contrary, the city of St. Paul shall
use all revenue derived from its
clawback funding of sewer financing
only for sewer separation projects that
directly result in the elimination of
combined sewer overflow.
Subd. 2. Agency Reductions
(a) General Reduction (1,040,000)
(b) The complement of the department is
reduced by seven positions.
(c) This amount is reduced for the (500,000)
loan to the city of St. Paul for
restoration of Union Depot. During the
1992-1993 biennium $500,000 is
appropriated to the city of St. Paul for
restoration of the Union Depot. This
funding is contingent on the city of
St. Paul having a plan for the
restoration of the depot and raising
$2,000,000 from nonstate sources.
(d) For a reduction from the trade (50,000)
office travel budget.* (This item of
section 24, subdivision 2, was vetoed
by the governor.)
(e) $300,000 of the export finance
working capital account is transferred
to the general fund.
Sec. 25. HOUSING FINANCE AGENCY (3,000,000)
Sec. 26. AMATEUR SPORTS COMMISSION (9,000)
Sec. 27. STATE PLANNING AGENCY (601,000)*
(This section was vetoed by the governor.)
Sec. 28. LEGISLATIVE COMMISSION ON
MINNESOTA RESOURCES (72,000)
(a) The commissioner of finance, upon
recommendation of the legislative
commission on Minnesota resources,
shall reduce the appropriations in Laws
1989, chapter 335, article 1, section
29, by this amount. As the cash flow
of the Minnesota resources fund
permits, the commissioner of finance
shall transfer this amount to the
general fund.
(b) The appropriation in Laws 1989,
chapter 335, article 1, section 29,
subdivision 11, paragraph (j), from the
legislative commission on Minnesota
resources for a study of wetland plant
communities, is available until
December 31, 1991.
Sec. 29. LABOR AND INDUSTRY
(a) General Reduction (2,520,000)
$2,450,000 of this reduction is in the
transfer from the general fund to the
workers' compensation special fund.
(b) Study of Long-Term Workers'
Compensation Cases 15,000
This appropriation is for the
commissioner of labor and industry to
contract for a study of long-term
workers' compensation cases. The
purposes of the study are to establish
a uniform system for identifying
factors contributing to recovery and to
assist claimants and care providers in
identifying the best means for recovery
at the earliest possible time. The
study must include a pilot test on a
sample of claims. The test must
evaluate the benefit of the uniform
system for workers, employers, medical
and rehabilitation providers, insurers,
state monitoring organizations,
litigators, and adjudicators. Issues
that should be addressed during the
test include confidentiality,
instrument reliability and validity,
information utility and adequacy, data
collection systems, and training of
personnel. The study must be conducted
by an organization with substantial
background in medical and psychological
instrumentation and substantial
knowledge of disability assessment.
Bidders without a direct interest in
the workers' compensation system as
insurers or health care providers must
be preferred. A report of the study
must be submitted to the commissioner
of labor and industry and the
legislature by July 1, 1991.
Expenditure of this appropriation is
contingent upon the commitment by
private sources to the commissioner of
labor and industry of private monies,
outside of the state general fund, in
an amount at least equal to five times
the amount of the appropriation as
additional funding for the study to be
conducted under this section.
Sec. 30. MEDIATION SERVICES (36,000)
Sec. 31. MILITARY AFFAIRS (189,000)
Notwithstanding any law to the
contrary, the department of military
affairs, with the assistance of the
management analysis division of the
department of administration, shall
analyze the cost savings that may be
obtained through multiple use, the
time-sharing, consolidation, or closure
of armories throughout the state.
Sec. 32. VETERANS AFFAIRS (52,000)
Sec. 33. HUMAN RIGHTS (60,000)
The department of human rights may not
be charged by the attorney general for
legal representation on behalf of
complaining parties who have filed a
charge of discrimination with the
department. This provision is
effective retroactive to July 1, 1989.
The department does not have an
obligation to pay for any services
rendered by the attorney general since
July 1, 1985, in excess of the amounts
already paid for those services.
Sec. 34. DISABILITIES COUNCIL (10,000)
The appropriation in Laws 1989, chapter
335, article 1, section 41, may be used
in part for grants, in coordination
with statewide handicapped arts
organizations, to arts organizations
throughout the state that will serve
individuals with disabilities,
regardless of the size of their
operating budgets.
Sec. 35. RETIREMENT CONTRIBUTIONS
(a) General fund (2,206,000)
(b) Trunk highway fund (1,864,000)
(c) Other funds (1,149,000)
With the exception of appropriations
made to the University of Minnesota,
the community college system, the
technical college system, and the state
university system, the commissioner of
finance shall reduce each state
agency's fiscal year 1991 appropriation
by an amount equal to the sum of:
(1) .22 percent of the agency's fiscal
year 1991 salaries paid to employees
covered by the general state employee
retirement plan established in
Minnesota Statutes, chapter 352.
(2) 2.43 percent of the agency's fiscal
year 1991 salaries paid to employees
covered by the correctional employees
retirement plan established in
Minnesota Statutes, chapter 352.
(3) 4.02 percent of the agency's fiscal
year 1991 salaries paid to employees
covered by the state patrol retirement
plan established in Minnesota Statutes,
section 352B.02.
(4) .84 percent of the agency's fiscal
year 1991 salaries paid to employees
covered by the teacher's retirement
plan established in Minnesota Statutes,
chapter 354.
The appropriation reductions made under
this section are permanent reductions
to each agency's budget.
Sec. 36. [TRANSFER PROHIBITED.]
If an amount is specified in this act for an item within an
activity, that amount must not be transferred or used for any
other purpose.
Sec. 37. [MANAGING REDUCTIONS.]
Subdivision 1. [APPROPRIATION AVAILABILITY.] If the
appropriation from the general fund to an agency listed in this
act in either year of the biennium ending June 30, 1991, is
insufficient, upon the advance approval of the commissioner of
finance the appropriation for the other year is available for it.
Subd. 2. [BASE REDUCTIONS.] The appropriations reduced
from an agency by this act, before any adjustments under
subdivision 1, must not be added back to the agency's
appropriation base for the 1992-1993 biennium.
Sec. 38. Minnesota Statutes 1988, section 2.722,
subdivision 4, is amended to read:
Subd. 4. [DETERMINATION OF A JUDICIAL VACANCY.] (a) When a
judge of the district, county, or county municipal court dies,
resigns, retires, or is removed from office, the supreme court,
in consultation with judges and attorneys in the affected
district, shall determine within 90 days of receiving notice of
a vacancy from the governor whether the vacant office is
necessary for effective judicial administration. The supreme
court may continue the position, may order the position
abolished, or may transfer the position to a judicial district
where need for additional judges exists, designating the
position as either a county, county/municipal or district court
judgeship. The supreme court shall certify any vacancy to the
governor, who shall fill it in the manner provided by law.
(b) If a judge of district court fails to timely file an
affidavit of candidacy and filing fee or petition in lieu of a
fee, the official with whom the affidavits of candidacy are
required to be filed shall notify the supreme court that the
incumbent judge is not seeking reelection. Within five days of
receipt of the notice, the supreme court shall determine whether
the judicial position is necessary for effective judicial
administration and notify the official responsible for
certifying the election results of its determination. The
supreme court may continue the position, may order the position
abolished, or may transfer the position to a judicial district
where the need for additional judgeships exists. If the
position is abolished or transferred, the election may not be
held. If the position is transferred, the court shall also
notify the governor of the transfer. Upon transfer, the
position is vacant and the governor shall fill it in the manner
provided by law. An order abolishing or transferring a position
is effective the first Monday in the next January.
Sec. 39. Minnesota Statutes 1988, section 3.736,
subdivision 7, is amended to read:
Subd. 7. [PAYMENT.] A state agency, including an entity
defined as part of the state in section 3.732, subdivision 1,
clause (1), incurring a tort claim judgment or settlement
obligation or whose employees acting within the scope of their
employment incur the obligation shall seek approval to make
payment by submitting a written request to the commissioner of
finance. The request shall contain a description of the tort
claim that causes the request, specify the amount of the
obligation and be accompanied by copies of judgments, settlement
agreements or other documentation relevant to the obligation for
which the agency seeks payment. Upon receipt of the request and
review of the claim, the commissioner of finance shall determine
the proper appropriation from which to make payment. If there
is enough money in an appropriation or combination of
appropriations to the agency for its general operations and
management to pay the claim without unduly hindering the
operation of the agency, the commissioner shall direct that
payment be made from that source. Claims relating to activities
paid for by appropriations of dedicated receipts shall be paid
from those appropriations if practicable. On determining that
an agency has sufficient money in these appropriations to pay
only part of a claim, the commissioner shall pay the remainder
of the claim from the money appropriated to the commissioner for
the purpose. On determining that the agency does not have
enough money to pay any part of the claim, the commissioner
shall pay all of the claim from money appropriated to the
commissioner for the purpose. On January 1 and July 1 of each
year, the commissioner of finance shall transmit to the
legislature and to the chair of the house appropriations and
senate finance committees copies of all requests in the
preceding six months together with a report on the payments made
with respect to each request. Payment shall be made only upon
receipt of a written release by the claimant in a form approved
by the attorney general, or the person designated as the
university attorney, as the case may be.
No attachment or execution shall issue against the state.
Sec. 40. Minnesota Statutes 1988, section 11A.07,
subdivision 5, is amended to read:
Subd. 5. [APPORTIONMENT OF EXPENSES.] The executive
director shall apportion the actual expenses incurred by the
board on an accrual basis among the several funds whose assets
are invested by the board based on the weighted average assets
under management during each quarter. The charge to each
retirement fund must be calculated, billed, and paid on a
quarterly basis in accordance with procedures for
interdepartmental payments established by the commissioner of
finance. The amounts necessary to pay these charges are
appropriated from the investment earnings of each retirement
fund. Receipts must be credited to the general fund as
nondedicated receipts. Funds other than retirement funds must
not be billed; their portion of the expenses will be borne by
the general fund.
Sec. 41. [15.082] [OBLIGATIONS OF PUBLIC CORPORATIONS.]
Notwithstanding any other law, the state is not liable for
obligations of a public corporation created by statute. Upon
dissolution of the public corporation, its wholly-owned assets
become state property. Partially owned assets become state
property to the extent that state money was used to acquire them.
This section does not apply to a public corporation
governed by chapter 119.
Sec. 42. Minnesota Statutes 1988, section 15.53, is
amended by adding a subdivision to read:
Subd. 3. [POLITICAL SUBDIVISIONS.] A state department or
agency must report to the department of employee relations an
interchange with a political subdivision in which it is
participating either as a sending or receiving agency. The
report must include identification of the political subdivision,
the length of the individual assignment, and the duties of the
individual assignment.
Sec. 43. Minnesota Statutes 1989 Supplement, section
16A.11, subdivision 3, is amended to read:
Subd. 3. [PART TWO: DETAILED BUDGET.] Part two of the
budget, the detailed budget estimates both of expenditures and
revenues, shall also include statements of the bonded
indebtedness of the state, showing the actual amount of the debt
service for at least the past two completed fiscal years, and
the estimated amount for the current fiscal year and for the
next two fiscal years, the debt authorized and unissued, the
condition of the sinking funds, and the borrowing capacity. It
shall also contain any statements on the financial plan which
the governor believes desirable or which may be required by the
legislature. The detailed estimates shall include the budget
request of each agency arranged in tabular form so it may
readily be compared with the governor's budget for each agency.
They shall also include, as part of each agency's organization
chart, a summary of the personnel employed by the agency,
showing the complement approved by the legislature for the
current biennium, additional complement positions authorized
through the governor or the commissioner, positions transferred
into or out of the agency, additional part-time and seasonal
positions and the number of employees of all kinds employed by
the agency on June 30 of the last complete fiscal year. The
summary of the number of employees must list employees by
employment status, including but not limited to full-time
unlimited, part-time unlimited, full-time or part-time seasonal,
intermittent, full-time or part-time temporary, full-time or
part-time emergency, and other. The summary of personnel shall
also be shown for each functional division of the agency, and
for each fund and type of appropriation.
Any increase in complement with the exception of federal
positions, approved by the commissioner of finance as temporary
positions, shall be reflected in the governor's budget
recommendations to the legislature as change request items.
These positions are not permanent positions until the
legislature has approved the change request items.
Sec. 44. Minnesota Statutes 1989 Supplement, section
16A.133, subdivision 1, is amended to read:
Subdivision 1. [PAYROLL DIRECT DEPOSIT AND DEDUCTIONS.] An
agency head in the executive, judicial, and legislative
branch may shall, upon written request signed by an employee,
directly deposit all or part of an employee's pay in any credit
union or financial institution, as defined in section 47.015,
designated by the employee. An agency head may, upon written
request of an employee, deduct from the pay of the employee a
requested amount to be paid to the Minnesota benefit
association, or to any organization contemplated by section
179A.06, of which the employee is a member, or to a company that
has contracted to insure the employee for the medical costs of
cancer or intensive care. If an employee is a member of or has
accounts with more than one credit union or financial
institution or more than one organization under section 179A.06,
or is insured by more than one company, only one credit union or
financial institution and one organization and one company may
be paid money by direct deposit or by payroll deduction from the
employee's pay.
Sec. 45. [16A.79] [MATCHING FEDERAL APPROPRIATIONS.]
Specific appropriations that are made to match federal
appropriations shall be considered change requests in the
following biennial budget submission if, during the biennium,
the federal funding has been reduced or eliminated.
Sec. 46. Minnesota Statutes 1989 Supplement, section
16B.24, subdivision 6, is amended to read:
Subd. 6. [PROPERTY RENTAL.] (a) [LEASES.] The
commissioner shall rent land and other premises when necessary
for state purposes. The commissioner may lease land or premises
for five years or less, subject to cancellation upon 30 days
written notice by the state for any reason except rental of
other land or premises for the same use. The commissioner may
not rent non-state-owned land and buildings or substantial
portions of land or buildings within the capitol area as defined
in section 15.50 unless the commissioner first consults with the
capitol area architectural and planning board. If the
commissioner enters into a lease-purchase agreement for
buildings or substantial portions of buildings within the
capitol area, the commissioner shall require that any new
construction of non-state-owned buildings conform to design
guidelines of the capitol area architectural and planning
board. Lands needed by the department of transportation for
storage of vehicles or road materials may be rented for five
years or less, such leases for terms over two years being
subject to cancellation upon 30 days written notice by the state
for any reason except rental of other land or premises for the
same use. An agency or department head must consult with the
chairs of the house appropriations and senate finance committees
before entering into any agreement that would cause an agency's
rental costs to increase by ten percent or more per square foot
or would increase the number of square feet of office space
rented by the agency by 25 percent or more in any fiscal year.
(b) [USE VACANT PUBLIC SPACE.] No agency may initiate or
renew a lease for space for its own use in a private building
unless the commissioner has thoroughly investigated presently
vacant space in public buildings, such as closed school
buildings, and found that none is available.
(c) [PREFERENCE FOR CERTAIN BUILDINGS.] For needs beyond
those which can be accommodated in state-owned buildings, the
commissioner shall acquire and utilize space in suitable
buildings of historical, architectural, or cultural significance
for the purposes of this subdivision unless use of that space is
not feasible, prudent and cost effective compared with available
alternatives. Buildings are of historical, architectural, or
cultural significance if they are listed on the national
register of historic places, designated by a state or county
historical society, or designated by a municipal preservation
commission.
(d) [RECYCLING SPACE.] Leases for space of 30 days or more
for 5,000 square feet or more must require that space be
provided for recyclable materials.
Sec. 47. Minnesota Statutes 1989 Supplement, section
16B.465, subdivision 1, is amended to read:
Subdivision 1. [CREATION.] The statewide
telecommunications access routing system provides voice, data,
video, and other telecommunications transmission services to
state agencies, educational institutions, including private
colleges, public corporations, and state political
subdivisions. It is not a telephone company for purposes of
chapter 237. It shall not resell or sublease any services or
facilities to nonpublic entities except it may serve private
colleges. The commissioner has the responsibility for planning,
development, and operations of a statewide telecommunications
access routing system in order to provide cost-effective
telecommunications transmission services to system users.
Sec. 48. [88.81] [FOREST MANAGEMENT PRACTICES IN
LITIGATION.]
The commissioner may not implement new or revised forest
management practices as part of agreements relating to
litigation until the commissioner has reported the forest
management practices to the chairs of the environment and
natural resources committees of the legislature at the next
regular session of the legislature.
Sec. 49. Minnesota Statutes 1989 Supplement, section
105.41, subdivision 5a, is amended to read:
Subd. 5a. [WATER USE PROCESSING FEE.] (a) Except as
provided in paragraph paragraphs (b) to (e), a water use
processing fee not to exceed $2,000 must be prescribed by the
commissioner in accordance with the following schedule of fees
for each water use permit in force at any time during the year:
(1) 0.05 cent per 1,000 gallons for the first 50 million
gallons per year; and
(2) 0.1 0.10 cents per 1,000 gallons for the amounts
greater than 50 million gallons but less than 100 million
gallons per year.; and
(3) 0.15 cents per 1,000 gallons for amounts greater than
100 million gallons but less than 150 million gallons per year;
and
(4) 0.20 cents per 1,000 gallons for amounts greater than
150 million gallons but less than 200 million gallons per year;
and
(5) 0.25 cents per 1,000 gallons for amounts greater than
200 million gallons but less than 250 million gallons per year;
and
(6) 0.30 cents per 1,000 gallons for amounts greater than
250 million gallons but less than 300 million gallons per year;
and
(7) 0.35 cents per 1,000 gallons for amounts greater than
300 million gallons but less than 350 million gallons per year;
and
(8) 0.40 cents per 1,000 gallons for amounts greater than
350 million gallons but less than 400 million gallons per year;
and
(9) 0.45 cents per 1,000 gallons for amounts greater than
400 million gallons per year.
(b) For once-through cooling systems as defined in
subdivision 1c, a water use processing fee must be prescribed by
the commissioner in accordance with the following schedule of
fees for each water use permit in force at any time during the
year:
(1) for nonprofit corporations and school districts:
(i) 5.0 cents per 1,000 gallons until December 31, 1991;
(2) (ii) 10.0 cents for 1,000 gallons from January 1, 1992,
until December 31, 1996; and
(3) (iii) 15.0 cents per 1,000 gallons after January 1,
1997; and
(2) for all other users after January 1, 1990, 20 cents per
1,000 gallons.
(c) The fee is payable based on the amount of water
permitted appropriated during the year and in no case may the
fee be less than $25 $50.
(d) For water use processing fees other than once-through
cooling systems:
(1) the fee for a city of the first class may not exceed
$175,000 per year;
(2) the fee for other entities for any permitted use may
not exceed:
(i) $35,000 per year for an entity holding three or fewer
permits;
(ii) $50,000 per year for an entity holding four or five
permits;
(iii) $175,000 per year for an entity holding more than
five permits;
(3) the fee for agricultural irrigation may not exceed $750
per year.
(e) Failure to pay the fee is sufficient cause for revoking
a permit. A fee may not be imposed on an agency, as defined in
section 16B.01, subdivision 2, or federal governmental agency
holding a water appropriation permit.
(f) This subdivision applies to permits issued or effective
on or after January 1, 1990.
Sec. 50. Minnesota Statutes 1989 Supplement, section
115A.54, subdivision 2a, is amended to read:
Subd. 2a. [SOLID WASTE MANAGEMENT PROJECTS.] (a) The board
shall provide technical and financial assistance for the
acquisition and betterment of solid waste management projects as
provided in this subdivision and section 115A.52. Money
appropriated for the purposes of this subdivision must be
distributed as grants.
(b) Except as provided in paragraph (c), a project may
receive grant assistance up to 25 percent of the capital cost of
the project or $2,000,000, whichever is less, except that
projects constructed as a result of intercounty cooperative
agreements may receive (1) grant assistance up to 25 percent of
the capital cost of the project; or (2) $2,000,000 times the
number of participating counties, whichever is less.
(c) A recycling project or a project to compost or
co-compost waste may receive grant assistance up to 50 percent
of the capital cost of the project or $2,000,000, whichever is
less, except that projects completed as a result of intercounty
cooperative agreements may receive (1) grant assistance up to 50
percent of the capital cost of the project; or (2) $2,000,000
times the number of participating counties, whichever is less.
(d) Notwithstanding paragraph (e), the agency may award
grants for transfer stations that will initially transfer waste
to landfills if the transfer stations are part of a planned
resource recovery project, the county where the planned resource
recovery facility will be located has a comprehensive solid
waste management plan approved by the agency, and the solid
waste management plan proposes the development of the resource
recovery facility. If the proposed resource recovery facility
is not in place and operating within five years of the date of
the grant award, the recipient shall repay the grant amount to
the state.
(e) Projects without resource recovery are not eligible for
assistance.
(f) In addition to any assistance received under clause (b)
or (c), a project may receive grant assistance for the cost of
tests necessary to determine the appropriate pollution control
equipment for the project or the environmental effects of the
use of any product or material produced by the project.
(g) In addition to the application requirements of section
115A.51, an application for a project serving eligible
jurisdictions in only a single county must demonstrate that
cooperation with jurisdictions in other counties to develop the
project is not needed or not feasible. Each application must
also demonstrate that the project is not financially prudent
without the state assistance, because of the applicant's
financial capacity and the problems inherent in the waste
management situation in the area, particularly transportation
distances and limited waste supply and markets for resources
recovered.
(h) For the purposes of this subdivision, a "project" means
a processing facility, together with any transfer stations,
transmission facilities, and other related and appurtenant
facilities primarily serving the processing facility. The board
shall adopt rules for the program by July 1, 1985.
Sec. 51. Minnesota Statutes 1988, section 116.36,
subdivision 1, is amended to read:
Subdivision 1. For the purposes of this section and
section 116.37 sections 116.36 to 116.38, the following terms
shall have the meanings given.
Sec. 52. [116.38] [PCB BURNING.]
Subdivision 1. [STATE POLICY.] The legislature finds that
risks to human health must be adequately evaluated before a
facility may burn PCBs. The legislature also finds that if
there is a risk to human health, all human health must be
treated with equal concern, and facilities that cause risks to
human health must not be allowed to operate in sparsely
populated areas if they would not be allowed to operate in
heavily populated areas.
Subd. 2. [EIS REQUIRED.] The pollution control agency may
not allow burning of wastes containing 50 ppm or greater PCBs by
permit or otherwise unless an environmental impact statement is
completed. It may not renew a permit for burning wastes
containing 50 ppm or greater PCBs until an environmental impact
statement is completed. This section does not apply to
experimental burning of small quantities of waste containing 50
ppm or greater PCBs.
Sec. 53. Minnesota Statutes 1988, section 116.65,
subdivision 3, is amended to read:
Subd. 3. [APPROPRIATION.] The amount necessary to pay the
inspection maintenance operator during the initial contract
period for the contract entered into under section 116.62,
subdivision 3, is appropriated from the vehicle emission
inspection account to the agency. By the end of the initial
contract entered by the agency under section 116.62, subdivision
3, the amounts appropriated from the motor vehicle transfer fund
to the vehicle emission inspection account must be repaid to the
transfer fund, and the amounts necessary for this repayment are
appropriated from the vehicle emission inspection account.
Sec. 54. Minnesota Statutes 1989 Supplement, section
116.85, is amended to read:
116.85 [MONITORS REQUIRED FOR INCINERATORS.]
Subdivision 1. [EMISSION MONITORS.] Notwithstanding any
other law to the contrary, an incinerator permit that contains
emission limits for dioxin, cadmium, chromium, lead, or mercury
must, as a condition of the permit, require the installation of
an air emission monitoring system approved by the commissioner.
The monitoring system must provide continuous measurements to
ensure optimum combustion efficiency for the purpose of ensuring
optimum dioxin destruction. The system shall also be capable of
providing a permanent record of monitored emissions that will be
available upon request to the commissioner and the general
public. The commissioner shall provide periodic inspection of
the monitoring system to determine its continued accuracy. The
facility must conduct periodic stack testing for mercury at
intervals not to exceed 90 days. Refuse-derived fuel facilities
must conduct periodic stack testing for mercury at intervals not
to exceed 15 months unless a previous test showed a permit
exceedance after which the agency may require quarterly testing
until permit requirements are satisfied.
Subd. 2. [CONTINUOUSLY MONITORED EMISSIONS.] Should, at
any time after normal startup, the permitted
facility's continuously monitored emissions exceed permit
requirements, based on accurate and valid emissions data, the
facility shall immediately report the exceedance to the
commissioner and immediately either commence appropriate
modifications to the facility to ensure its ability to meet
permitted requirements or commence shutdown if the modifications
cannot be completed within 72 hours. Compliance with permit
requirements must then be demonstrated based on additional
testing.
Subd. 3. [PERIODICALLY TESTED EMISSIONS.] Should, at any
time after normal startup, the permitted facility's periodically
tested emissions exceed permit requirements based on accurate
and valid emissions data, the facility shall immediately report
the exceedance to the commissioner, and the commissioner shall
direct the facility to commence appropriate modifications to the
facility to ensure its ability to meet permitted requirements
within 30 days, or to commence appropriate testing for a maximum
of 30 days to ensure compliance with applicable permit limits.
If the commissioner determines that compliance has not been
achieved after 30 days, then the facility shall shut down until
compliance with permit requirements is demonstrated based on
additional testing.
Subd. 4. [OTHER LAW.] This section shall not be construed
to limit the authority of the agency to regulate incinerator
operations under any other law.
Sec. 55. Minnesota Statutes 1988, section 116D.045,
subdivision 3, is amended to read:
Subd. 3. The responsible governmental unit shall assess
the project proposer for reasonable costs in preparing and
distributing the environmental impact statement and the proposer
shall pay the assessed cost to the responsible governmental
unit. All money received pursuant to this subdivision shall be
deposited in the general fund. Money received under this
subdivision by a responsible governmental unit that is not a
state agency may be retained by the unit for the same purposes.
Money received by a state agency must be credited to a special
account and is appropriated to the agency to cover the assessed
costs incurred.
Sec. 56. Minnesota Statutes 1988, section 116P.05, is
amended to read:
116P.05 [MINNESOTA FUTURE RESOURCES COMMISSION.]
(a) A Minnesota future resources commission of 16 members
is created, consisting of the chairs of the house and senate
committees on environment and natural resources or designees
appointed for the terms of the chairs, the chairs of the house
appropriations and senate finance committees or designees
appointed for the terms of the chairs, six members of the senate
appointed by the subcommittee on committees of the committee on
rules and administration, and six members of the house appointed
by the speaker. The commission shall develop a budget plan for
expenditures from the trust fund and shall adopt a strategic
plan as provided in section 116P.08.
(b) The commission shall recommend expenditures to the
legislature from the Minnesota future resources account under
section 116P.13. At least two members from the senate and two
members from the house must be from the minority caucus.
Members are entitled to reimbursement for per diem expenses plus
travel expenses incurred in the services of the commission.
(c) Members shall appoint a chair who shall preside and
convene meetings as often as necessary to conduct duties
prescribed by this chapter.
(d) Members shall serve on the commission until their
successors are appointed.
(e) Vacancies occurring on the commission shall not affect
the authority of the remaining members of the commission to
carry out their duties, and vacancies shall be filled in the
same manner under paragraph (a).
(f) The commission may adopt bylaws and operating
procedures to fulfill their duties under sections 116P.01 to
116P.13.
Sec. 57. Minnesota Statutes 1988, section 116P.11, is
amended to read:
116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.]
(a) The amount biennially available from the trust fund for
the budget plan developed by the commission consists of the
interest earnings generated from the trust fund generated in the
preceding two fiscal years ending on the even-numbered year.
(b) For funding projects through fiscal year 1997, the
following additional amounts are available from the trust fund
for the budget plans developed by the commission:
(1) for the 1991-1993 biennium, up to 25 percent of the
revenue deposited in the trust fund in fiscal years 1989 1990
and 1990 1991;
(2) for the 1993-1995 biennium, up to 20 percent of the
revenue deposited in the trust fund in fiscal year 1991 and up
to 15 percent of the revenue deposited in the fund in fiscal
year 1992; and
(3) for the 1995-1997 biennium, up to ten percent of the
revenue deposited in the fund in fiscal year 1993 and up to five
percent of the revenue deposited in the fund in fiscal year 1994.
(c) Any appropriated funds not encumbered in the biennium
in which they are appropriated cancel and must be credited to
the principal of the trust fund.
Sec. 58. [116Q.01] [GREAT LAKES PROTECTION FUND.]
The Great Lakes protection fund has been created by the
governors of the eight Great Lakes states as a nonprofit
corporation under the laws of the state of Illinois. The fund
is a permanent endowment whose purpose is to advance the
principles, goals, and objectives of the Great Lakes toxic
substances control agreement executed by the governors of the
eight Great Lakes states in May 1986 and to ensure the
continuous development of needed scientific information, new
cleanup technologies, and innovative methods of managing
pollution problems as a cooperative effort in the Great Lakes
region. The governor may enter this state as a member of the
Great Lakes protection fund and do all things necessary or
incidental to participate in the fund, as spelled out in its
articles of incorporation, filed with the Illinois secretary of
state on or about September 26, 1989, and its bylaws, as amended
through September 26, 1989. If congressional consent to the
Great Lakes protection fund carries with it conditions that
materially change the provisions agreed to by the party states,
this state reserves the option to terminate further
participation in the fund.
Sec. 59. [116Q.02] [STATE RECEIPTS FROM THE FUND.]
Subdivision 1. [GREAT LAKES PROTECTION ACCOUNT.] Any money
received by the state from the Great Lakes protection fund,
whether in the form of annual earnings or otherwise, must be
deposited in the state treasury and credited to a special Great
Lakes protection account. Money in the account must be spent
only as specifically appropriated by law for protecting water
quality in the Great Lakes. Approved purposes include, but are
not limited to, supplementing in a stable and predictable manner
state and federal commitments to Great Lakes water quality
programs by providing grants to finance projects that advance
the goals of the regional Great Lakes toxic substances control
agreement and the binational Great Lakes water quality agreement.
Subd. 2. [LCMR REVIEW.] The legislature intends not to
appropriate money from the Great Lakes protection account until
projects have been reviewed and recommended by the legislative
commission on Minnesota resources. A work plan must be prepared
for each project for review by the commission. The commission
must recommend specific projects to the legislature.
Sec. 60. Minnesota Statutes 1988, section 190.08, is
amended by adding a subdivision to read:
Subd. 1a. [EXECUTIVE DIRECTOR.] The adjutant general may
appoint an executive director of the department of military
affairs. The executive director shall serve at the pleasure of
the adjutant general.
Sec. 61. Minnesota Statutes 1989 Supplement, section
190.25, subdivision 3, is amended to read:
Subd. 3. The adjutant general is authorized to sell in the
manner provided by law any or all
(1) land, and
(2) timber, growing crops, buildings, and other
improvements, if any, situated upon the lands land,
acquired under the authority of subdivision 1 or which may
hereafter comprise the Camp Ripley military field training
center and not needed for military training purposes. The
proceeds of any sales shall be deposited in the general
fund. The adjutant general may use funds that are directly
appropriated for the acquisition of land, the payment of
expenses of forest management on land forming the Camp Ripley
military reservation, and the provision of an enlisted person's
service center.
Sec. 62. Minnesota Statutes 1989 Supplement, section
270.064, is amended to read:
270.064 [REQUESTING ASSISTANCE IN CRIMINAL TAX
INVESTIGATIONS.]
If the commissioner of revenue has reason to believe that a
criminal violation of the state tax laws or chapter 349 has
occurred, the commissioner may request the attorney general or
the prosecuting authority of any county to assist in a criminal
tax investigation and may disclose return information to the
prosecuting authority relevant to the investigation.
Sec. 63. Minnesota Statutes 1988, section 270.68,
subdivision 1, is amended to read:
Subdivision 1. [LEGAL ACTION.] In addition to all other
methods authorized by law for the collection of tax, if any tax
payable to the commissioner of revenue or to the department of
revenue, including penalties and interest thereon, is not paid
within 60 days after it is required by law to be paid, the
commissioner of revenue may, within five years after the date of
assessment of the tax, bring an action at law against the person
liable for the payment or collection of the tax, in the name of
the state, for the recovery of the tax and interest and
penalties due in respect thereof. The action shall be brought
in the district court of the judicial district in which lies the
county of the residence or principal place of business within
this state of the taxpayer, or, in the case of an estate or
trust, of the place of its principal administration, and for
this purpose the place named as such in the return, if any, made
by the taxpayer shall be conclusive against the taxpayer in this
matter. If no place is named in the return, the action may be
commenced in Ramsey county. The action shall be commenced by
filing with the court administrator a statement showing the name
and address of the taxpayer, if known, an itemized summary of
the taxable periods and the type of tax, the tax due and unpaid
and the interest and penalties due with respect thereto under
the provisions of law applicable to the tax, and shall contain a
prayer that the court adjudge the taxpayer to be indebted on
account of the taxes, interest, and penalties in the amount
specified in the statement; a copy of the statement shall be
furnished to the court administrator therewith. The court
administrator shall mail a copy of the statement by certified
mail to the taxpayer at the address given in the return, if any;
and, if no address is given, then at the taxpayer's last known
address, within five days after the same is filed, except that,
if the taxpayer's address is not known, notice shall be made by
posting a copy of the statement for ten days in the place in the
courthouse where public notices are regularly posted. To
litigate the claim, or any part thereof, the taxpayer shall file
a verified answer with the court administrator setting forth
objections to the claim, or any part thereof; the answer shall
be filed on or before the 20th day after the date of mailing the
statement; or, if notice has been given by posting, on or before
the 20th day after the expiration of the period during which the
notice was required to be posted. If no answer is filed within
the specified time, the court administrator, upon the filing of
an affidavit of default, shall enter judgment for the state in
the amount prayed for, plus costs of $10. If an answer is
filed, the issues raised shall stand for trial as soon as
possible after the filing of the answer, and the court shall
determine the issues and direct judgment accordingly; and, if
the taxes, interest, or penalties are sustained to any extent
over the amount rendered by the taxpayer, shall assess $10 costs
against the taxpayer. The court shall disregard all
technicalities and matters of form not affecting the substantial
merits. The commissioner may call upon the county attorney or
the attorney general to conduct the proceedings on behalf of the
state. If a proceeding is referred to a county attorney, and
the county attorney fails to issue or cause to be issued an
indictment or criminal complaint within 30 days after the
referral by the commissioner, the attorney general may conduct
the proceeding. Execution shall be issued upon the judgment at
the request of the commissioner, and the execution shall, in all
other respects, be governed by the laws applicable to executions
issued on judgments. Only the homestead and household goods of
the judgment debtor shall be exempt from seizure and sale upon
the execution.
Sec. 64. Minnesota Statutes 1988, section 282.014, is
amended to read:
282.014 [COMPLETION OF SALE AND CONVEYANCE.]
Upon compliance by the purchaser with the provisions of
sections 282.011 to 282.015 this chapter and with the terms and
conditions of the sale, and upon full payment for the land, plus
a $20 $25 fee in addition to the sale price, the sale shall be
complete and a conveyance of the land shall be issued to the
purchaser as provided by the appropriate statutes according to
the status of the land upon forfeiture.
The conveyance must be forwarded to the county recorder who
shall record the conveyance before the auditor issues it to the
purchaser.
Sec. 65. Minnesota Statutes 1988, section 296.06,
subdivision 2, is amended to read:
Subd. 2. [REQUIREMENTS FOR ISSUANCE.] A distributor's
license shall be issued to any responsible person qualifying as
a distributor who makes application therefor, and who shall pay
to the commissioner at the time thereof and annually thereafter
a license fee of $10 $25, and who shall further comply with the
following conditions:
(1) A written application shall be made in a manner
approved by the commissioner, who shall require the applicant or
licensee to deposit with the state treasurer securities of the
United States government or the state of Minnesota or to execute
and file a bond, with a corporate surety approved by the
commissioner, to the state of Minnesota in an amount to be
determined by the commissioner and in a form to be fixed by the
commissioner and approved by the attorney general, and which
shall be conditioned for the payment when due of all excise
taxes, inspection fees, penalties, and accrued interest arising
in the ordinary course of business or by reason of any
delinquent money which may be due the state of Minnesota; the
bond shall cover all places of business within the state where
petroleum products are received by the licensee; and the
applicant or licensee shall designate and maintain an agent in
this state upon whom service may be had for all purposes of this
section.
(2) An initial applicant for a distributor's license shall
furnish a bond in a minimum sum of $3,000 for the first year;
(3) The commissioner, on reaching the opinion that the bond
given by a licensee is inadequate in amount to fully protect the
state, shall require an additional bond in such amount as the
commissioner deems sufficient;
(4) A licensee who desires to be exempt from depositing
securities or furnishing such bond, as hereinbefore provided
shall furnish an itemized financial statement showing the assets
and the liabilities of the applicant and if it shall appear to
the commissioner, from the financial statement or otherwise,
that the applicant is financially responsible, then the
commissioner may exempt such applicant from depositing such
securities or furnishing such bond until the commissioner
otherwise orders.
(5) The premium on any bond required under clauses (1) and
(2), and on any additional bond required under clause (3), shall
be paid by the commissioner out of a bond premium fund required
to be set up from an appropriation by the legislature from
whatever funds are available. All of said bonds required during
each license period shall be purchased by the commissioner of
administration from the lowest responsible bidder after
advertising for competitive bids in the manner prescribed by
Laws 1939, chapter 431, article II, as amended. The
commissioner of administration shall call for bids within a
reasonable period prior to the commencement of license period.
(6) Each license period shall be for one year ending each
June 30.
(7) Upon application to the commissioner and compliance by
the applicant with the provisions of this subdivision, the
commissioner also shall issue a distributor's license to (a) any
person engaged in this state in the bulk storage of petroleum
products and the distribution thereof by tank car or tank truck
or both, and (b) any person holding an unrevoked license as a
distributor since January 1, 1947, and (c) any person holding a
license and performing a function under the motor fuel tax law
of an adjoining state equivalent to that of a distributor under
this act, who desires to ship or deliver petroleum products from
that state to persons in this state not licensed as distributors
in this state and who agrees to assume with respect to all
petroleum products so shipped or delivered the liabilities of a
distributor receiving petroleum products in this state,
provided, however, that any such license shall be issued only
for the purpose of permitting such person to receive in this
state the petroleum products so shipped or delivered. Except as
herein provided, all persons licensed as distributors under this
clause shall have the same rights and privileges and be subject
to the same duties, requirements and penalties as other licensed
distributors.
Sec. 66. Minnesota Statutes 1988, section 296.12,
subdivision 1, is amended to read:
Subdivision 1. [SPECIAL FUEL DEALERS' LICENSE
REQUIREMENTS.] No person except a licensed distributor shall
engage in the business of selling or delivering special fuel as
a special fuel dealer without having applied for and secured
from the commissioner a special fuel dealer's license. The
application shall be made in a manner approved by the
commissioner and shall be accompanied by the payment of $10 $25,
which shall be the license fee. A special fuel dealer's license
shall be issued to any responsible person qualifying as a
special fuel dealer who makes proper application therefor. The
license shall be displayed in a conspicuous manner in the place
of business and shall expire annually on November 30.
A special fuel dealer who discontinues, sells or disposes
of the business in any manner, at any time, shall surrender the
dealer's special fuel dealer's license at the commissioner's
office in St. Paul, Minnesota.
Sec. 67. Minnesota Statutes 1988, section 296.12,
subdivision 2, is amended to read:
Subd. 2. [BULK PURCHASERS' LICENSE REQUIREMENTS.] No
person shall receive special fuel as a bulk purchaser without
having applied for and secured from the commissioner a bulk
purchaser's license. The application shall be made in a manner
approved by the commissioner and shall be accompanied by the
payment of $10 $25, which shall be the license fee. A bulk
purchaser's license shall be issued to any responsible person
qualifying as a bulk purchaser who makes proper application
therefor. The license shall be displayed in a conspicuous
manner in the place of business and shall expire annually on
November 30.
A bulk purchaser who discontinues, sells or disposes of the
business in any manner, at any time, shall surrender the bulk
purchaser's license at the commissioner's office in St. Paul,
Minnesota.
Sec. 68. Minnesota Statutes 1988, section 296.17,
subdivision 10, is amended to read:
Subd. 10. [LICENSE.] (a) No motor carrier may operate a
commercial motor vehicle upon the highways of this state unless
and until issued a license pursuant to this section or has
obtained a trip permit or temporary authorization as provided in
this section.
(b) A license shall be issued to any responsible person
qualifying as a motor carrier who makes application therefor and
who pays to the commissioner, at the time thereof, a license fee
of $20 $30. The license is valid for a period of up to two
years or until revoked by the commissioner or until surrendered
by the motor carrier. All outstanding licenses will expire on
March 31 of each even-numbered year beginning with 1984 and may
be renewed upon application to the commissioner and payment of
the $20 $30 fee. The license, photocopy, or electrostatic copy
of it, shall be carried in the cab of every commercial motor
vehicle while it is being operated in Minnesota by a licensed
motor carrier.
Sec. 69. Minnesota Statutes 1988, section 296.17,
subdivision 17, is amended to read:
Subd. 17. [TRIP PERMITS AND TEMPORARY AUTHORIZATIONS.] (a)
A motor carrier may obtain a trip permit which shall authorize
an unlicensed motor carrier to operate a commercial motor
vehicle in Minnesota for a period of five consecutive days
beginning and ending on the dates specified on the face of the
permit. The fee for the permit shall be $15 $25. Fees for trip
permits shall be in lieu of the road tax otherwise assessable
against the motor carrier on account of the commercial motor
vehicle operating therewith, and no reports of mileage shall be
required with respect to the vehicle.
The above permit shall be issued in lieu of license if in
the course of operations a motor carrier operates on Minnesota
highways no more than three times in any one calendar year.
(b) Whenever the commissioner is satisfied that unforeseen
or uncertain circumstances have arisen which requires a motor
carrier to operate in this state a commercial motor vehicle for
which neither a trip permit pursuant to clause (a) of this
subdivision nor a license pursuant to subdivisions 7 to 22 has
yet been obtained, and if the commissioner is satisfied that
prohibition of that operation would cause undue hardship, the
commissioner may provide the motor carrier with temporary
authorization for the operation of the vehicle. A motor carrier
receiving temporary authorization pursuant to this subdivision
shall perfect the same either by obtaining a trip permit or a
license, as the case may be, for the vehicle at the earliest
practicable time.
Sec. 70. Minnesota Statutes 1988, section 349.22,
subdivision 2, is amended to read:
Subd. 2. [OTHER ACTION.] This section does not preclude
civil or criminal actions under other applicable law or preclude
any agency of government from investigating or prosecuting
violations of the provisions of sections 349.11 to 349.214.
County attorneys and the attorney general have primary joint
responsibility for prosecuting violations of sections 349.11 to
349.214, but and the attorney general may prosecute any
violation of those sections. If the county attorney fails to
initiate the prosecution within 30 days, the attorney general
may initiate prosecution.
Sec. 71. Minnesota Statutes 1988, section 349.36, is
amended to read:
349.36 [DUTIES OF COUNTY ATTORNEY OR ATTORNEY GENERAL.]
The county attorney of the county in which the hearing is
held or the attorney general shall attend the hearing,
interrogate the witnesses, and advise the issuing authority.
The county attorney or the attorney general shall also appear
for the issuing authority on any appeal taken pursuant to the
provisions of section 349.39.
Sec. 72. Minnesota Statutes 1989 Supplement, section
357.021, subdivision 2, is amended to read:
Subd. 2. [FEE AMOUNTS.] The fees to be charged and
collected by the court administrator shall be as follows:
(1) In every civil action or proceeding in said court, the
plaintiff, petitioner, or other moving party shall pay, when the
first paper is filed for that party in said action, a fee of
$55, except that in an action for marriage dissolution, the fee
is $75 $85.
The defendant or other adverse or intervening party, or any
one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall
pay, when the first paper is filed for that party in said
action, a fee of $55, except that in an action for marriage
dissolution, the fee for the respondent is $75 $85.
The party requesting a trial by jury shall pay $30.
The fees above stated shall be the full trial fee
chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without
trial, and shall include the entry of judgment in the action,
but does not include copies or certified copies of any papers so
filed or proceedings under sections 106A.005 to 106A.811, except
the provisions therein as to appeals.
(2) Certified copy of any instrument from a civil or
criminal proceeding $5, plus 25 cents per page after the first
page and $3.50, plus 25 cents per page after the first page for
an uncertified copy.
(3) Issuing a subpoena $3 for each name.
(4) Issuing an execution and filing the return thereof;
issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $5.
(5) Issuing a transcript of judgment, or for filing and
docketing a transcript of judgment from another court, $5.
(6) Filing and entering a satisfaction of judgment, partial
satisfaction or assignment of judgment, $5.
(7) Certificate as to existence or nonexistence of
judgments docketed, $1 for each name certified to and $3 for
each judgment certified to.
(8) Filing and indexing trade name; or recording notary
commission; or recording basic science certificate; or recording
certificate of physicians, osteopaths, chiropractors,
veterinarians or optometrists, $5.
(9) For the filing of each partial, final, or annual
account in all trusteeships, $10.
(10) All other services required by law for which no fee is
provided such fee as compares favorably with those herein
provided, or such as may be fixed by rule or order of the court.
Sec. 73. Minnesota Statutes 1989 Supplement, section
357.022, is amended to read:
357.022 [CONCILIATION COURT FEE.]
The court administrator in every county shall charge and
collect a filing fee of $10 $13 from every plaintiff and from
every defendant when the first paper for that party is filed in
any conciliation court action. The court administrator shall
transmit the fees monthly to the state treasurer for deposit in
the state treasury and credit to the general fund.
Sec. 74. Minnesota Statutes 1989 Supplement, section
357.08, is amended to read:
357.08 [PAID BY APPELLANT IN APPEAL.]
There shall be paid to the clerk of the appellate courts by
the appellant, or moving party or person requiring the service,
in all cases of appeal, certiorari, habeas corpus, mandamus,
injunction, prohibition, or other original proceeding, when
initially filed with the clerk of the appellate courts, the sum
of $150 $200 to the clerk of the appellate courts. An
additional filing fee of $50 $100 shall be required for a
petition for accelerated review by the supreme court. A filing
fee of $150 $200 shall be paid to the clerk of the appellate
courts upon the filing of a petition for review from a decision
of the court of appeals. A filing fee of $150 $200 shall be
paid to the clerk of the appellate courts upon the filing of a
petition for permission to appeal. A filing fee of $75 $100
shall be paid to the clerk of the appellate courts upon the
filing by a respondent of a notice of review. The clerk shall
transmit the fees to the state treasurer for deposit in the
state treasury and credit to the general fund.
The clerk shall not file any paper, issue any writ or
certificate, or perform any service enumerated herein, until the
payment has been made for it. The clerk shall pay the sum into
the state treasury as provided for by section 15A.01.
The charges provided for shall not apply to disbarment
proceedings, nor to an action or proceeding by the state taken
solely in the public interest, where the state is the appellant
or moving party, nor to copies of the opinions of the court
furnished by the clerk to the parties before judgment, or
furnished to the district judge whose decision is under review,
or to such law library associations in counties having a
population exceeding 50,000, as the court may direct.
Sec. 75. Minnesota Statutes 1988, section 480A.01,
subdivision 3, is amended to read:
Subd. 3. [ESTABLISHING NUMBER OF JUDGES.] By January 15,
1985, the state court administrator shall certify to the
governor, the president of the senate, and the speaker of the
house of representatives, the number of appeals filed in the
court of appeals in 1984. By January 15, 1987, and every two
years thereafter of the odd year, the state court administrator
shall certify to the governor, the president of the senate, and
the speaker of the house of representatives the average number
of appeals filed in the court of appeals in each of the
preceding two calendar years. Effective on the following July
1, the normal number of judges of the court of appeals shall be
one judge for every 100 cases in that average. If this normal
number increases the number of judges, new judges shall be
appointed on or after July 1. If this normal number decreases
the number of judges, the incumbent judges shall nevertheless
continue to serve and to be eligible for reelection, but the
first vacancies arising in at-large seats on the court shall not
be filled, until the normal number of judges is reached.
Sec. 76. Laws 1989, chapter 335, article 1, section 28, is
amended to read:
Sec. 28. STATE PLANNING AGENCY 6,105,000 6,505,000
1990 1991
Approved Complement - 113 113
General - 80.5 80.5
Special Revenue - 4.5 4.5
Revolving - 22 22
Federal - 6 6
Summary by Fund
General $ 5,630,000 $ 6,030,000
Special Revenue $ 475,000 $ 475,000
$377,000 the first year and $377,000
the second year are for regional
planning grants to regional development
commissions organized under Minnesota
Statutes, sections 462.381 to 462.396.
Until June 30, 1991, for state and
federal grants distributed by state
agencies to regions of the state not
having a regional development
commission, the state agency
administering the grant program may
assess the program for administrative
costs incurred by the agency that
normally are incurred by the commission.
$22,000 the first year and $22,000 the
second year are for the Council of
Great Lakes Governors.
During the biennium any seminars or
training sessions regarding federal
issues for federal budgeting that are
conducted by the Washington office
shall be made available to legislators
and legislative staff. The Washington
office shall notify the legislature
regarding the timing of such seminars.
The commissioner shall contract with an
independent consultant to explore
future directions for Minnesota in land
management information systems. This
study shall examine interagency
cooperation, public and private venture
potential, the status of geographic
information systems planning as it
applies to Minnesota, the role that the
land management information center
should play in future development of an
overall system, and development of a
long-range strategy for Minnesota's
role in providing the appropriate
services to agencies and political
subdivisions. The study shall also
explore the activities of other states
and nations in the area of geographic
information systems. The study must be
accomplished in conjunction with the
information policy office and be
compatible with the long-range
information management architecture
being developed by the information
policy office. A final report shall be
submitted to the legislature by January
1, 1991, indicating recommendations for
future actions.
The state planning agency shall study
the effects on the state's
transportation systems, methods of
storage, public safety systems, and
state health concerns of any
incinerator to be constructed in
Minnesota that is designed to burn
hazardous wastes. The report shall
include specific recommendations and
shall be delivered to the legislature
and the affected state agencies by
January 1, 1991.
Up to $500,000 the second year is for
one-third of the state's membership fee
in the Great Lakes Protection Fund.
The governor may enter as a signatory
party in the Great Lakes Protection
Fund. The fund is created as a
permanent endowment to advance the
principles, goals, and objectives of
the Great Lakes Toxic Substance Control
Agreement, executed by the eight Great
Lakes governors in May 1986, and to
ensure the continuous development of
needed scientific information, new
cleanup technologies, and innovative
methods of managing pollution problems
as a cooperative effort in the Great
Lakes region.
The governor may enter the state as a
signatory party in the Great Lakes
Protection Fund, subject to approval by
the legislature. After approval, the
governor shall do all things necessary
or incidental to participate in the
Great Lakes Protection Fund, as spelled
out in its bylaws and articles of
incorporation.
If congressional consent to the Great
Lakes Protection Fund carries with it
conditions that materially change the
provisions agreed to by the party
states, the state reserves the option
to terminate further participation in
the fund.
$100,000 the first year and $100,000
the second year are for demonstration
grants under the youth employment and
housing program to eligible
organizations as defined in Minnesota
Statutes, section 268.361, subdivision
4. $75,000 each year is for a grant to
an eligible organization in the city of
Bemidji.
$250,000 the first year and $250,000
the second year is for the Way to Grow
school readiness program. $125,000 the
first year and $125,000 the second year
must be used for a project located
within a city of the first class
located within the metropolitan area as
defined in Minnesota Statutes, section
473.121, subdivision 2. $125,000 the
first year and $125,000 the second year
must be used for a project located
within a city of the second class
located within the metropolitan area as
defined in Minnesota Statutes, section
473.121, subdivision 2. This is
intended to be a nonrecurring
appropriation and must not be included
in the budget base for the 1992-1993
biennium.
The state planning agency shall study
the administrative costs of local units
of government and shall report to the
legislature by January 1, 1990, on the
level and growth of administrative
costs and alternatives for controlling
future growth.
$100,000 the first year and $100,000
the second year are for the Minnesota
environmental education board. Any
appropriations for the board made by
S.F. No. 262 serve to reduce these
appropriations.
Sec. 77. Laws 1989, chapter 335, article 4, section 109,
subdivision 1, is amended to read:
Subdivision 1. [STATUTORY SECTIONS.] Minnesota Statutes
1988, sections 11A.22; 84.0911, subdivisions 1 and 3; 85.051;
89.04; 93.221; 116J.968; 190.26; 344.03; and 469.121,
subdivision 1, are repealed.
Sec. 78. [REENACTMENT.]
As provided in Minnesota Statutes, section 645.36,
Minnesota Statutes, section 84.0911, subdivisions 1 and 3 are
reenacted.
Sec. 79. [INCREASE IN FEES FOR LICENSES AND PERMITS FOR
UTILITIES.]
Effective July 1, 1990, the fees in Minnesota Rules, parts
6135.0400 to 6135.0800, adopted pursuant to Minnesota Statutes,
section 84.415, subdivisions 1 and 5, are to be increased to an
amount equal to the original fee schedule escalated due to
inflation from the date the original fee schedule was adopted to
July 1, 1990. The basis of escalation shall be the wholesale
price index for all commodities. Notwithstanding the rulemaking
requirements of section 84.415, subdivision 1, the revised rates
shall be published in the State Register prior to becoming
effective.
Sec. 80. [CANCELLATION OF APPROPRIATION.]
The following appropriations are canceled.
(a) $30,000 the first year and $30,000 the second year made
available from the wild rice account for a cooperative agreement
with the Cuyuna Development Corporation for an economic
development project on wild rice and grains to be accomplished
in consultation with Aitkin Growth, Inc., in Laws 1989, chapter
335, article 1, section 21, subdivision 7 and is reappropriated
to the commissioner for wild rice management in public waters.
(b) $50,000 the first year and $50,000 the second year made
available for a grant to Aitkin Growth, Inc., for the
development of projects for added value to wild rice and other
grains, in Laws 1989, chapter 335, article 1, section 21,
subdivision 7, is canceled.
Sec. 81. [REPEALER.]
Minnesota Statutes 1989 Supplement, section 480.241; and
Laws 1989, chapter 303, section 10, are repealed.
Sec. 82. [EFFECTIVE DATE.]
This article is effective the day following final
enactment, except as follows:
Section 53 is effective March 1, 1990.
Section 55 applies to fees collected on and after March 1,
1990.
Sections 65, 66, 67, and 68 are effective for license
applications filed on or after July 1, 1990.
Section 69 is effective for permit applications filed on or
after July 1, 1990.
Sections 77 and 78 are retroactive to July 1, 1989.
ARTICLE 2
JUDICIAL SYSTEM
Section 1. Minnesota Statutes 1989 Supplement, section
43A.02, subdivision 25, is amended to read:
Subd. 25. [JUDICIAL BRANCH.] "Judicial branch" means all
judges of the appellate courts, all employees of the appellate
courts, including commissions, boards and committees established
by the supreme court, the board of law examiners, the law
library, the office of the public defender, all judges of all
courts of law, district court referees, judicial officers, court
reporters, law clerks, district administration employees under
section 484.68, court administrator or employee of the court and
guardian ad litem program employees in the eighth judicial
district, and other agencies placed in the judicial branch by
law. Judicial branch does not include district administration
employees in the second and fourth judicial districts, court
administrators or their staff under chapter 485, guardians ad
litem, or other employees within the court system whose salaries
are paid by the county, other than employees who remain on the
county payroll under section 480.181, subdivision 2.
Sec. 2. Minnesota Statutes 1989 Supplement, section
43A.24, subdivision 2, is amended to read:
Subd. 2. [OTHER ELIGIBLE PERSONS.] The following persons
are eligible for state paid life insurance and hospital,
medical, and dental benefits as determined in applicable
collective bargaining agreements or by the commissioner or by
plans pursuant to section 43A.18, subdivision 6, or by the board
of regents for employees of the University of Minnesota not
covered by collective bargaining agreements. Coverages made
available, including optional coverages, are as contained in the
plan established pursuant to section 43A.18, subdivision 2.
(a) a member of the state legislature, provided that
changes in benefits resulting in increased costs to the state
shall not be effective until expiration of the term of the
members of the existing house of representatives. An eligible
member of the state legislature may decline to be enrolled for
state paid coverages by filing a written waiver with the
commissioner. The waiver shall not prohibit the member from
enrolling the member or dependents for optional coverages,
without cost to the state, as provided for in section 43A.26. A
member of the state legislature who returns from a leave of
absence to a position previously occupied in the civil service
shall be eligible to receive the life insurance and hospital,
medical, and dental benefits to which the position is entitled;
(b) a permanent employee of the legislature or a permanent
employee of a permanent study or interim committee or commission
or a state employee on leave of absence to work for the
legislature, during a regular or special legislative session;
(c) a judge of the appellate courts or an officer or
employee of these courts; a judge of the district court, a judge
of county court, a judge of county municipal court, or a judge
of probate court; a district court referee, judicial officer,
court reporter, or law clerk; a district administrator; and an
employee of the office of the district administrator that is not
in the second or fourth judicial district; a court administrator
or employee of the court administrator in the eighth judicial
district, and a guardian ad litem program administrator in the
eighth judicial district;
(d) a salaried employee of the public employees retirement
association;
(e) a full-time military or civilian officer or employee in
the unclassified service of the department of military affairs
whose salary is paid from state funds;
(f) a salaried employee of the Minnesota historical
society, whether paid from state funds or otherwise, who is not
a member of the governing board;
(g) an employee of the regents of the University of
Minnesota;
(h) notwithstanding section 43A.27, subdivision 3, an
employee of the state of Minnesota or the regents of the
University of Minnesota who is at least 60 and not yet 65 years
of age on July 1, 1982, who is otherwise eligible for employee
and dependent insurance and benefits pursuant to section 43A.18
or other law, who has at least 20 years of service and retires,
earlier than required, within 60 days of March 23, 1982; or an
employee who is at least 60 and not yet 65 years of age on July
1, 1982, who has at least 20 years of state service and retires,
earlier than required, from employment at Rochester state
hospital after July 1, 1981; or an employee who is at least 55
and not yet 65 years of age on July 1, 1982, and is covered by
the Minnesota state retirement system correctional employee
retirement plan or the state patrol retirement fund, who has at
least 20 years of state service and retires, earlier than
required, within 60 days of March 23, 1982. For purposes of
this clause, a person retires when the person terminates active
employment in state or University of Minnesota service and
applies for a retirement annuity. Eligibility shall cease when
the retired employee attains the age of 65, or when the employee
chooses not to receive the annuity that the employee has applied
for. The retired employee shall be eligible for coverages to
which the employee was entitled at the time of retirement,
subject to any changes in coverage through collective bargaining
or plans established pursuant to section 43A.18, for employees
in positions equivalent to that from which retired, provided
that the retired employee shall not be eligible for state-paid
life insurance. Coverages shall be coordinated with relevant
health insurance benefits provided through the federally
sponsored Medicare program; and
(i) An employee of an agency of the state of Minnesota
identified through the process provided in this paragraph who is
eligible to retire prior to age 65. The commissioner and the
exclusive representative of state employees shall enter into
agreements under section 179A.22 to identify employees whose
positions are in programs that are being permanently eliminated
or reduced due to federal or state policies or practices.
Failure to reach agreement identifying these employees is not
subject to impasse procedures provided in chapter 179A. The
commissioner must prepare a plan identifying eligible employees
not covered by a collective bargaining agreement in accordance
with the process outlined in section 43A.18, subdivisions 2 and
3. For purposes of this paragraph, a person retires when the
person terminates active employment in state service and applies
for a retirement annuity. Eligibility ends as provided in the
agreement or plan, but must cease at the end of the month in
which the retired employee chooses not to receive an annuity, or
the employee is eligible for employer-paid health insurance from
a new employer. The retired employees shall be eligible for
coverages to which they were entitled at the time of retirement,
subject to any changes in coverage through collective bargaining
or plans established under section 43A.18 for employees in
positions equivalent to that from which they retired, provided
that the retired employees shall not be eligible for state-paid
life insurance.
Sec. 3. [484.75] [HIRING AND SALARY MORATORIUM.]
A county or a court must not increase the number of
referees, judicial officers, court reporters, law clerks, or
district administration employees, other than district
administration employees in the second or fourth judicial
district, unless the increase is approved by the supreme court.
A county or a court must not increase the salaries of these
employees without the approval of the supreme court, unless the
increase is made under a plan adopted before January 30, 1989.
The supreme court must not approve aggregate performance
increases for these employees that exceed an average of five
percent. New positions created after January 30, 1989, must be
reflected as change requests in the biennial budget process when
these functions are taken over by the state. Salary limits do
not apply to employees covered by chapter 179A.
ARTICLE 3
FUND CONSOLIDATION
Section 1. Minnesota Statutes 1989 Supplement, section
16B.28, subdivision 3, is amended to read:
Subd. 3. [REVOLVING FUND DEPOSIT OF RECEIPTS.] (a)
[CREATION.] The materials distribution revolving fund is a
separate fund in the state treasury. All money relating to the
resource recovery program established under section 115A.15,
subdivision 1, All money resulting from the acquisition,
acceptance, warehousing, distribution, and public sale of
surplus property, must be deposited in the fund. All money
resulting from the sale of centrally acquired, warehoused, and
distributed supplies, materials, and equipment, and all money
relating to the cooperative purchasing venture established under
section 471.59 must be deposited in the fund. Money paid into
the materials distribution revolving fund is appropriated to the
commissioner for the purposes of the programs and services
referred to in this section.
(b) [TRANSFER OR SALE TO STATE AGENCY.] When the state or
an agency operating under a legislative appropriation obtains
surplus property from the commissioner, the commissioner of
finance must, at the commissioner's request, transfer the cost
of the surplus property, including any expenses of acquiring,
accepting, warehousing, and distributing the surplus property,
from the appropriation of the state agency receiving the surplus
property to the materials distribution revolving fund. The
determination of the commissioner is final as to the cost of the
surplus property to the state agency receiving the property.
(c) [TRANSFER OR SALE TO OTHER GOVERNMENTAL UNITS OR
NONPROFIT ORGANIZATIONS.] When any governmental unit or
nonprofit organization other than a state agency receives
surplus property, supplies, materials, or equipment from the
commissioner, the governmental unit or nonprofit organization
must reimburse the materials distribution revolving fund for the
cost of the property, including the expenses of acquiring,
accepting, warehousing, and distributing it, in an amount the
commissioner sets. The commissioner may, however, require the
governmental unit or nonprofit organization to deposit in
advance in the materials distribution revolving fund the cost of
the surplus property, supplies, materials, and equipment upon
mutually agreeable terms and conditions. The commissioner may
charge a fee to political subdivisions and nonprofit
organizations to establish their eligibility for receiving the
property and to pay for costs of storage and distribution.
Sec. 2. Minnesota Statutes 1989 Supplement, section
41A.05, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT OF ACCOUNT.] The Minnesota
agricultural and economic development account is established in
the special revenue fund and may be invested separately from all
other funds of the state by the state board of investment. All
money appropriated to the account, and all guaranty fees, retail
sales taxes, property tax increments, and other money from any
source which may be credited to the account and are appropriated
to the board to carry out the purposes of this chapter. The
board may maintain or establish within the Minnesota
agricultural and economic development account reserve accounts,
project accounts, trustee accounts, special guaranty fund
accounts, or other restrictions it determines necessary or
appropriate. The board may enter into pledge and escrow
agreements or indentures of trust with a trustee for the purpose
of maintaining the accounts.
Sec. 3. Minnesota Statutes 1989 Supplement, section
85.205, is amended to read:
85.205 [RECEPTACLES FOR RECYCLING.]
The commissioner of natural resources must provide
recycling conveniences at all state parks.
(a) State park managers must provide and maintain adequate
receptacles for collection of food containers for recycling in
all state parks.
(b) Appropriate recycling information must be available to
all state park visitors.
(c) State park managers must post a notice of recycling
availability at appropriate locations within each state park.
(d) State park managers must where practicable recycle the
gathered recyclable materials, provide for the local unit of
government to recycle the gathered materials, or contract with
private nonprofit groups for recycling.
(e) Money collected by state park managers for recycling
must be deposited in the state treasury and credited to the
state park maintenance and operation account general fund.
Sec. 4. Minnesota Statutes 1988, section 89.58, is amended
to read:
89.58 [FOREST PEST CONTROL FUND ACCOUNT.]
All money collected under the provisions of sections 89.51
to 89.61 together with such money as may be appropriated by the
legislature or allocated by the legislative advisory commission
for the purposes of sections 89.51 to 89.61, and such money as
may be contributed or paid by the federal government, or any
other public or private agency, organization or individual,
shall be deposited in the state treasury, to the credit of the
forest pest control fund account, which fund account is hereby
created, and any moneys therein are appropriated to the
commissioner for use in carrying out the purposes hereof.
Sec. 5. Minnesota Statutes 1988, section 115A.15,
subdivision 6, is amended to read:
Subd. 6. [USE OF MATERIALS DISTRIBUTION REVOLVING FUND
FUNDS.] All funds appropriated by the state for the resource
recovery program, all revenues resulting from the sale of
recyclable and reusable commodities made available for sale as a
result of the resource recovery program and all reimbursements
to the commissioner of expenses incurred by the commissioner in
developing and administering resource recovery systems for state
agencies, governmental units, and nonprofit organizations must
be deposited in the materials distribution revolving fund
created in section 16B.28. The fund may be used for all
activities associated with the program including payment of
administrative and operating costs general fund. The
commissioner shall determine the waste disposal cost savings
associated with recycling and reuse activities, collect those
savings from the account responsible for disposing of wastes
produced in state buildings, and credit the savings to
the materials distribution revolving general fund.
Sec. 6. Minnesota Statutes 1988, section 176B.02, is
amended to read:
176B.02 [PEACE OFFICERS BENEFIT FUND ACCOUNT.]
There is hereby created in the state treasury an account to
be known as peace officers benefit fund account. Funds in the
peace officers benefit fund account shall consist of money
appropriated to that fund account. The administrator of
the fund account is the commissioner of employee relations, who
shall follow the procedures specified in section 176.541,
subdivisions 2, 3, and 4.
Sec. 7. Minnesota Statutes 1988, section 176B.04, is
amended to read:
176B.04 [DISBURSEMENTS.]
Upon certification to the governor by the administrator of
the fund account that a peace officer employed by a state or
governmental subdivision within this state has been killed in
the line of duty, leaving a spouse or one or more eligible
dependents, the commissioner of finance shall, subject to the
approval of the workers' compensation court of appeals, pay
$100,000 as follows:
(a) if there is no dependent child, to the spouse;
(b) if there is no spouse, to the dependent child or
children in equal shares;
(c) if there are both a spouse and one or more dependent
children, one-half to the spouse and one-half to the child or
children, in equal shares;
(d) if there is no surviving spouse or dependent child or
children, to the parent or parents dependent for support on the
decedent, in equal shares;
(e) if there is no surviving spouse or dependent child,
children or parent, then there shall be no payment made from the
peace officers benefit fund account.
"Killed in the line of duty" does not include deaths from
natural causes or deaths that occur during employment for a
private employer other than an independent nonprofit
firefighting corporation.
Sec. 8. Minnesota Statutes 1988, section 201.023, is
amended to read:
201.023 [VOTER REGISTRATION ACCOUNT.]
The voter registration account is established as an account
in the state treasury. Amounts received by the secretary of
state to pay the cost of producing lists of registered voters
under section 201.091, subdivision 5, by the statewide
computerized registration system must be deposited in the state
treasury and credited to the voter registration account. Money
in the voter registration account is continually appropriated to
the secretary of state to produce lists of registered voters
under section 201.091, subdivision 5 general fund.
Sec. 9. Minnesota Statutes 1988, section 243.48,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL SEARCHES.] The commissioner of
corrections, the governor, lieutenant governor, members of the
legislature, state officers, and the corrections ombudsman, may
visit the inmates at pleasure, but no other persons without
permission of the chief executive officer of the facility, under
rules prescribed by the commissioner. A moderate fee may be
required of visitors, other than those allowed to visit at
pleasure. All fees so collected shall be reported and remitted
to the state treasurer under rules as the commissioner may deem
proper, and when so remitted shall be placed to the credit of
the current expense fund of the facility general fund.
Sec. 10. Minnesota Statutes 1988, section 268.677,
subdivision 2, is amended to read:
Subd. 2. Reimbursement to the commissioner for the costs
of administering wage subsidies must not exceed one-half percent
of the money appropriated. Reimbursements must be deposited in
the general fund. Reimbursement to an eligible local service
unit for the costs of administering wage subsidies must not
exceed five percent and for the purchase of supplies and
materials necessary to create permanent improvements to public
property must not exceed one percent of the money allocated to
that local service unit. The commissioner and the eligible
local service units shall reallocate money from other sources to
cover the costs of administering wage subsidies whenever
possible.
Sec. 11. Minnesota Statutes 1988, section 268.681,
subdivision 3, is amended to read:
Subd. 3. [PAYBACK.] A business receiving wage subsidies
shall repay 70 percent of the amount initially received for each
eligible job applicant employed, if the employee does not
continue in the employment of the business beyond the six-month
subsidized period. If the employee continues in the employment
of the business for one year or longer after the six-month
subsidized period, the business need not repay any of the funds
received for that employee's wages. If the employee continues
in the employment of the business for a period of less than one
year after the expiration of the six-month subsidized period,
the business shall receive a proportional reduction in the
amount it must repay. If an employer dismisses an employee for
good cause and works in good faith with the eligible local
service unit or its contractor to employ and train another
person referred by the eligible local service unit or its
contractor, the payback formula shall apply as if the original
person had continued in employment.
A repayment schedule shall be negotiated and agreed to by
the eligible local service unit and the business prior to the
disbursement of the funds and is subject to renegotiation. The
eligible local service unit shall forward 25 percent of the
payments received under this subdivision to the commissioner on
a monthly basis and shall retain the remaining 75 percent for
local program expenditures. Notwithstanding section 268.677,
subdivision 2, the local service unit may use up to 20 percent
of its share of the funds returned under this subdivision for
any administrative costs associated with the collection of the
funds under this subdivision. At least 80 percent of the local
service unit's share of the funds returned under this
subdivision must be used as provided in section 268.677. The
commissioner shall deposit payments forwarded to the
commissioner under this subdivision in the Minnesota wage
subsidy account created by subdivision 4 general fund.
Sec. 12. Minnesota Statutes 1988, section 297.03,
subdivision 5a, is amended to read:
Subd. 5a. [REVOLVING ACCOUNT DEPOSIT OF PROCEEDS.] A heat
applied cigarette tax stamp revolving account is created. The
commissioner shall use the amounts in this fund appropriated by
law to purchase heat applied stamps for resale. The
commissioner shall charge the purchasers for the costs of the
stamps along with the tax value plus shipping costs. The costs
recovered along with shipping costs must be deposited into this
revolving account and are available to the commissioner for
further purchases and shipping costs the general fund. The
revolving account must be funded by reducing the stamping
discounts allowed in subdivision 5 for the first three months of
fiscal year 1989. The stamping discounts are 0.75 percent of
the face amount of any stamps purchased in the first three
months for the first $1,500,000 of the stamps and 0.50 percent
on the remainder of the stamps purchased.
At the end of each of the first three months of fiscal year
1989, the commissioner shall notify the commissioner of finance
of the amount of reduced stamping discounts that have accrued to
the tobacco tax revenue fund. The commissioner of finance shall
then transfer the amounts to the heat applied cigarette tax
stamp revolving account from the tobacco tax revenue fund.
Sec. 13. Minnesota Statutes 1988, section 326.75,
subdivision 4, is amended to read:
Subd. 4. [DEPOSIT OF FEES.] Fees collected under this
section shall be deposited in the asbestos abatement revolving
fund created by section 326.82 general fund.
Sec. 14. Minnesota Statutes 1988, section 349.52,
subdivision 3, is amended to read:
Subd. 3. [VIDEO GAMING LICENSE ACCOUNT.] (a) Fees
collected by the commissioner under sections 349.50 to 349.60
must be deposited in the state treasury in a special account to
be known as the "video gaming license account." Money in the
account is appropriated to the commissioner for distribution
under paragraph (b) the general fund.
(b) The operator shall, by January 31 of each year, certify
to the commissioner the number of video games of chance located
in each city, and in each county outside of incorporated areas,
on December 31 of the previous year. Within 15 days of
receiving this certification the commissioner shall pay from the
video gaming license account amounts appropriated to the
commissioner to each city and county $30 for each video game of
chance located in the city or in the county outside city
limits. After making these payments the commissioner shall
transfer the unexpended balance in the account to the general
fund.
Sec. 15. [REPEALER.]
Minnesota Statutes 1988, sections 85.30; 268.681,
subdivision 4; and 326.82, are repealed.
Sec. 16. [INSTRUCTION TO REVISOR.]
In the next edition of Minnesota Statutes, the revisor
shall change the references in column A to those in Column B.
Section A B
326.70 326.82 326.81
326.71, subdivision 1 326.82 326.81
326.76 326.82 326.81
326.78, subdivision 1 326.82 326.81
326.79 326.82 326.81
326.80 326.82 326.81
326.81 326.82 326.81
Sec. 17. [EFFECTIVE DATE.]
This article is effective July 1, 1991.
Presented to the governor April 28, 1990
Signed by the governor May 8, 1990, 9:13 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes