Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1991, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1991
CHAPTER 233-H.F.No. 53
An act relating to the organization and operation of
state government; appropriating money for the
department of transportation and other agencies with
certain conditions; providing for regulation of
certain activities and practices; providing for
certain rights-of-way; requiring studies and reports;
fixing and limiting accounts and fees; amending
Minnesota Statutes 1990, sections 10A.02, by adding a
subdivision; 12.14; 15A.081, subdivision 1; 16A.662,
subdivisions 2, 4, and 5; 60A.14, subdivision 1;
60A.17, subdivision 1d; 72B.04, subdivision 7; 80C.04,
subdivision 1; 80C.07; 80C.08, subdivision 1; 82.22,
subdivisions 1, 5, 10, and 11; 115C.09, by adding a
subdivision; 129D.04, by adding subdivisions; 129D.05;
138.91; 138.94; 162.02, subdivision 12; 168C.04;
171.06, subdivision 2a; 171.26; 174.24, by adding a
subdivision; 182.651, by adding subdivisions; 182.653,
subdivision 9; 182.661, subdivisions 1, 2, 2a, 3, 3a,
and by adding subdivisions; 182.664, subdivisions 3
and 5; 182.666, subdivisions 1, 2, 3, 4, 5, and 5a;
182.669, subdivision 1; 184.28, subdivision 2; 184.29;
184A.09; 239.78; 240.02, subdivisions 1, 2, and 3;
240.06, subdivision 8; 240.155; 240.28; 297B.09,
subdivision 1; 299F.57, subdivision 1a; 299F.641,
subdivision 2; 299K.07; 299K.09, subdivision 2;
336.9-413; 349.12, subdivision 10; 349.151,
subdivision 2; 349A.01, subdivisions 5 and 9; 349A.02,
subdivision 1; 349A.03, subdivision 1; 349A.10,
subdivision 5; and 626.861, subdivisions 1 and 4; Laws
1989, chapter 269, sections 11, subdivision 7; and
Laws 1990, chapter 610, article 1, section 13,
subdivision 4; repealing Minnesota Statutes 1990,
sections 182.664, subdivision 2; 240.01, subdivision
15; 349.12, subdivision 12; 349A.01, subdivisions 3,
4, and 6; and 349B.01; and Laws 1989, chapter 322,
section 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [TRANSPORTATION AND OTHER AGENCIES;
APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "1991," "1992," and "1993," where used in this act, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 1991, June 30, 1992, or
June 30, 1993, respectively.
SUMMARY BY FUND
1992 1993 TOTAL
General $138,143,000 $138,452,000 $276,595,000
Airports 16,069,000 15,818,000 31,887,000
C.S.A.H. 240,000,000 242,000,000 482,000,000
Environmental 461,000 465,000 926,000
Highway User 12,041,000 11,974,000 24,015,000
M.S.A.S. 66,000,000 67,000,000 133,000,000
Special Revenue 2,776,000 2,819,000 5,595,000
Trunk Highway 792,101,000 822,912,000 1,615,013,000
Workers'
Compensation 10,839,000 11,229,000 22,068,000
Transfers to Other
Direct ( 2,769,000)( 2,789,000)( 5,558,000)
TOTAL 1,275,661,000 1,309,880,000 2,585,541,000
APPROPRIATIONS
Available for the Year
Ending June 30
1992 1993
Sec. 2. TRANSPORTATION
Subdivision 1. Total
Appropriation 1,058,366,000 1,091,555,000
Approved Complement - 4,802
General - 14
State Airports - 43
Trunk Highway - 4,735
Federal - 10
The appropriations in this section are
from the trunk highway fund, except
when another fund is named.
Summary by Fund
General 8,701,000 8,683,000
Airports 16,069,000 15,818,000
C.S.A.H. 240,000,000 242,000,000
Environmental 200,000 200,000
M.S.A.S. 66,000,000 67,000,000
Trunk Highway 727,316,000 757,774,000
Special Revenue 80,000 80,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Aeronautics 15,814,000 15,562,000
This appropriation is from the state
airports fund.
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Airport Development and Assistance
1992 1993
11,892,000 11,645,000
$1,749,000 the first year and
$1,752,000 the second year are for
navigational aids.
$6,089,000 the first year and
$6,089,000 the second year are for
airport construction grants.
$1,773,000 the first year and
$1,773,000 the second year are for
airport maintenance grants.
If the appropriation for either year
for navigational aids, airport
construction grants, or airport
maintenance grants is insufficient, the
appropriation for the other year is
available for it. The appropriations
for construction grants and maintenance
grants must be expended only for
grant-in-aid programs for airports that
are not state owned.
These appropriations must be expended
in accordance with Minnesota Statutes,
section 360.305, subdivision 4.
The commissioner of transportation may
transfer unencumbered balances among
the appropriations for airport
development and assistance with the
approval of the governor after
consultation with the legislative
advisory commission.
$8,000 the first year and $8,000 the
second year are for maintenance of the
Pine Creek Airport.
$500,000 the first year and $500,000
the second year are for air service
grants.
$15,000 the first year and $15,000 the
second year are for the advisory
council on metropolitan airport
planning.
(b) Civil Air Patrol
65,000 65,000
(c) Aeronautics Administration
3,857,000 3,852,000
Subd. 3. Transit 8,610,000 8,608,000
Summary by Fund
General 8,364,000 8,363,000
Trunk Highway 246,000 245,000
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Greater Minnesota Transit
Assistance
7,954,000 7,954,000
This appropriation is from the general
fund.
(b) Transit Administration
656,000 654,000
Summary by Fund
General 410,000 409,000
Trunk Highway 246,000 245,000
Subd. 4. Railroads and Waterways
1,189,000 1,186,000
Summary by Fund
General 263,000 262,000
Trunk Highway 926,000 924,000
Subd. 5. Motor Carrier Regulation
1,680,000 1,619,000
Subd. 6. Local Roads
307,109,000 310,106,000
Summary by Fund
C.S.A.H. 240,000,000 242,000,000
M.S.A.S. 66,000,000 67,000,000
Trunk Highway 1,109,000 1,106,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) County State Aids
240,000,000 242,000,000
This appropriation is from the county
state-aid highway fund and is available
until spent.
(b) Municipal State Aids
66,000,000 67,000,000
This appropriation is from the
municipal state-aid street fund and is
available until spent.
If an appropriation for either county
state aids or municipal state aids does
not exhaust the balance in the fund
from which it is made in the year for
which it is made, the commissioner of
finance, upon request of the
commissioner of transportation, shall
notify the committee on finance of the
senate and the committee on
appropriations of the house of
representatives of the amount of the
remainder and shall then add that
amount to the appropriation. The
amount added is appropriated for the
purposes of county state aids or
municipal state aids, as appropriate.
(c) State Aid Technical Assistance
1,109,000 1,106,000
Subd. 7. State Road Construction 410,821,000 443,033,000
Summary by Fund
Special Revenue 80,000 80,000
Environmental 200,000 200,000
Trunk Highway 410,541,000 442,753,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) State Road Construction
390,402,000 421,402,000
Summary by Fund
Environmental 200,000 200,000
Trunk Highway 390,202,000 421,202,000
It is estimated that the appropriation
from the trunk highway fund will be
funded as follows:
Federal Highway Aid
200,000,000 231,000,000
Highway User Taxes
190,202,000 190,202,000
The commissioner of transportation
shall notify the chair of the committee
on finance of the senate and chair of
the committee on appropriations of the
house of representatives promptly of
any events that should cause these
estimates to change.
This appropriation is for the actual
construction, reconstruction, and
improvement of trunk highways. This
includes the cost of actual payment to
landowners for lands acquired for
highway right-of-way, payment to
lessees, interest subsidies, and
relocation expenses.
(b) Highway Debt Service
14,864,000 16,094,000
$9,274,000 the first year and
$10,794,000 the second year are for
transfer to the state bond fund.
If this appropriation is insufficient
to make all transfers required in the
year for which it is made, the
commissioner of finance shall notify
the committee on finance of the senate
and the committee on appropriations of
the house of representatives of the
amount of the deficiency and shall then
transfer that amount under the
statutory open appropriation.
Any excess appropriation must be
canceled to the trunk highway fund.
(c) Highway Program Administration
2,149,000 2,142,000
Summary by Fund
Special Revenue 80,000 80,000
Trunk Highway 2,069,000 2,062,000
$243,000 the first year and $243,000
the second year are available for
grants to regional development
commissions outside the seven-county
metropolitan area for transportation
studies to identify critical concerns,
problems, and issues.
$180,000 the first year and $180,000
the second year are available for
grants to metropolitan planning
organizations outside the seven-county
metropolitan area.
(d) Transportation Data Analysis
3,406,000 3,395,000
Subd. 8. Design Engineering 58,474,000 57,875,000
$75,000 the first year and $75,000 the
second year are for a transportation
research contingent account to finance
research projects that are reimbursable
from the federal government or from
other sources. If the appropriation
for either year is insufficient, the
appropriation for the other year is
available for it.
Subd. 9. Construction Engineering 67,232,000 67,006,000
Subd. 10. State Road Operations 144,665,000 144,312,000
Subd. 11. Equipment 16,966,000 17,429,000
Summary by Fund
General 5,000 5,000
Airports 58,000 59,000
Trunk Highway 16,903,000 17,365,000
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 12. General Administration 25,806,000 24,819,000
Summary by Fund
General 69,000 53,000
Airports 197,000 197,000
Trunk Highway 25,540,000 24,569,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) General Management
14,350,000 14,330,000
(b) General Services
7,002,000 6,057,000
Summary by Fund
General 43,000 44,000
Airports 140,000 140,000
Trunk Highway 6,819,000 5,873,000
$361,000 the first year and $320,000
the second year are for data processing
development. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it.
The commissioner of transportation
shall manage the department of
transportation in such a manner as to
provide seasonal employees of the
department with the maximum feasible
amount of employment security
consistent with the efficient delivery
of department programs.
(c) Legal Services
1,116,000 1,116,000
This appropriation is for the purchase
of legal services from or through the
attorney general.
(d) Electronic Communications
3,281,000 3,259,000
Summary by Fund
General 26,000 9,000
Trunk Highway 3,255,000 3,250,000
$26,000 the first year and $9,000 the
second year are for equipment and
operation of the Roosevelt signal tower
for Lake of the Woods weather
broadcasting. * (The preceding sentence
beginning "$26,000" was vetoed by the
governor.)
(e) Air Transportation Services
57,000 57,000
This appropriation is from the state
airports fund.
Subd. 13. Transfers
The commissioner of transportation with
the approval of the commissioner of
finance may transfer unencumbered
balances among the appropriations from
the trunk highway fund and the state
airports fund made in this section. No
transfer may be made from the
appropriation for trunk highway
development. No transfer may be made
from the appropriations for debt
service to any other appropriation.
Transfers may not be made between funds.
Transfers must be reported immediately
to the committee on finance of the
senate and the committee on
appropriations of the house of
representatives.
Subd. 14. Contingent Appropriation
The commissioner of transportation,
with the approval of the governor after
consultation with the legislative
advisory commission, may transfer all
or part of the unappropriated balance
in the trunk highway fund to an
appropriation for trunk highway design,
construction, or inspection in order to
take advantage of an unanticipated
receipt of income to the trunk highway
fund, or to trunk highway maintenance
in order to meet an emergency, or to
pay tort or environmental claims. The
amount transferred is appropriated for
the purpose of the account to which it
is transferred.
Sec. 3. REGIONAL TRANSIT BOARD 27,129,000 27,130,000
$12,668,000 the first year and
$12,668,000 the second year are for
Metro Mobility.
The regional transit board must not
spend any money for metro mobility
outside this appropriation.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 4. TRANSPORTATION
REGULATION BOARD 730,000 757,000
Approved Complement - 9.5
This appropriation is from the trunk
highway fund.
$40,000 is appropriated from the trunk
highway fund for fiscal year 1991 for
unanticipated expenditures for
administrative hearings, legal costs,
employee severance costs, and rent.
Sec. 5. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 106,183,000 106,423,000
1992 1993
Approved Complement - 1,871.7 1,871.2
General - 449.2 449.2
Environmental - 1 1
Highway User - 173.6 173.6
Special Revenue - 32.5 32.5
Trunk Highway - 1,157.1 1,160.1
Federal - 58.3 54.8
The above approved complement includes
535 for state-funded, unclassified
patrol officers and supervisors of the
state patrol and eight for capitol
security positions required for the
Minnesota History Center. Nothing in
this provision is intended to limit the
authority of the commissioner of public
safety to transfer personnel, with the
approval of the commissioner of
finance, among the various units and
divisions within this section, provided
that the above complement must be
reduced accordingly.
Summary by Fund
General 31,431,000 31,402,000
Highway User 11,916,000 11,849,000
Special Revenue 2,380,000 2,410,000
Trunk Highway 63,184,000 63,510,000
Environmental 41,000 41,000
Transfers to Other
Direct (2,769,000) (2,789,000)
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Administration and
Related Services
4,830,000 4,932,000
Summary by Fund
General 530,000 529,000
Highway User 19,000 19,000
Trunk Highway 4,281,000 4,384,000
$314,000 the first year and $429,000
the second year are for management
information systems. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year of the biennium.
$326,000 the first year and $326,000
the second year are for payment of
public safety officer survivor benefits
under Minnesota Statutes, section
299A.44. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it.
Subd. 3. Emergency Management
1,478,000 1,458,000
Summary by Fund
General 778,000 758,000
Special Revenue 700,000 700,000
$700,000 the first year and $700,000
the second year are for nuclear plant
preparedness. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year of the biennium.
$286,000 is appropriated from the
general fund for fiscal year 1991 for
the remaining state obligations to the
federal emergency management assistance
agency to match federal aid for flood
emergencies of 1987 in the metropolitan
area and 1989 in the Red River Valley.
Subd. 4. Criminal Apprehension
15,609,000 15,646,000
Summary by Fund
General 13,929,000 13,968,000
Special Revenue 627,000 627,000
Trunk Highway 1,053,000 1,051,000
$223,000 the first year and $223,000
the second year are for use by the
bureau of criminal apprehension for the
purpose of investigating
cross-jurisdictional criminal
activity. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year of the biennium.
$171,000 the first year and $171,000
the second year are for grants to local
officials for the cooperative
investigation of cross-jurisdictional
criminal activity. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year of the biennium.
$523,000 the first year and $523,000
the second year from the bureau of
criminal apprehension account in the
special revenue fund are for laboratory
activities.
$104,000 the first year and $104,000
the second year from the bureau of
criminal apprehension account in the
special revenue fund are for grants to
local officials for the cooperative
investigation of cross-jurisdictional
criminal activity. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.
Subd. 5. Fire Marshal
2,277,000 2,269,00
Subd. 6. State Patrol
41,220,000 42,017,000
Summary by Fund
General 442,000 441,000
Highway User 90,000 90,000
Trunk Highway 40,688,000 41,486,000
During the biennium ending June 30,
1993, no more than five positions,
excluding the chief patrol officer, in
the state patrol support activity may
be filled by state troopers.
During the biennium ending June 30,
1993, the commissioner may purchase
other motor fuel when gasohol is not
available for the operation of state
patrol vehicles.
Subd. 7. Capitol Security
1,341,000 1,336,000
Subd. 8. Driver and Vehicle Services
33,064,000 32,407,000
Summary by Fund
General 5,654,000 5,643,000
Highway User 10,344,000 10,271,000
Trunk Highway 16,986,000 16,413,000
Special Revenue 80,000 80,000
This appropriation is from the
transportation account in the special
revenue fund.
$431,000 the first year and $431,000
the second year are for chemical use
assessment reimbursements to counties.
Of the appropriation from the highway
user tax distribution fund, $109,000
the first year and $9,000 the second
year are for the department's costs
related to collegiate plates for the
academic excellence scholarship
program. The commissioner shall repay
these amounts to the highway user tax
distribution fund from amounts received
from the sale of these license plates.
The commissioner shall substantially
increase the department's efforts to
(1) recover the value of worthless
checks used for payment of motor
vehicle license taxes, (2) deter future
use of worthless checks for this
purpose, and (3) assist deputy
registrars in dealing with the problem
of worthless checks. The commissioner
shall consult with deputy motor vehicle
registrars in formulating and
administering these policies. The
commissioner shall implement this
requirement to the maximum feasible
extent in the next revision of the
commissioner's rules governing deputy
motor vehicle registrars. The
commissioner shall report by February
1, 1992, to the chairs of the house
committee on appropriations and senate
committee on finance on actions the
commissioner has taken and proposes to
take to comply with this requirement.
Subd. 9. Liquor Control
761,000 759,000
Subd. 10. Gambling Enforcement
1,222,000 1,218,000
Subd. 11. Traffic Safety
240,000 240,000
Summary by Fund
General 64,000 64,000
Trunk Highway 176,000 176,000
Subd. 12. Drug Policy
587,000 587,000
Subd. 13. Pipeline Safety
873,000 903,000
This appropriation is from the pipeline
safety account in the special revenue
fund.
Subd. 14. Crime Victims Services
1,620,000 1,587,000
Notwithstanding any other law to the
contrary, the crime victims reparations
board shall, to the extent possible,
distribute the appropriation in equal
monthly increments. In no case shall
the total awards exceed the
appropriation made in this subdivision.
Subd. 15. Children's Trust Fund
520,000 520,000
Summary by Fund
General 420,000 420,000
Special Revenue 100,000 100,000
This appropriation is from the
children's trust fund account in the
special revenue fund.
Subd. 16. Emergency Response Commission
403,000 404,000
Summary by Fund
General 362,000 363,000
Environmental 41,000 41,000
Subd. 17. Private Detective and
Security Licensing
68,000 67,000
Subd. 18. Crime Victims Ombudsman
70,000 73,000
Subd. 19. Transfers
The commissioner of public safety with
the approval of the commissioner of
finance may transfer unencumbered
balances not specified for a particular
purpose among the programs within a
fund. Transfers must be reported
immediately to the committee on finance
of the senate and the committee on
appropriations of the house of
representatives.
Subd. 20. Reimbursements
(a) $1,306,000 the first year and
$1,320,000 the second year are
appropriated from the general fund for
transfer by the commissioner of finance
to the trunk highway fund on January 1,
1992, and January 1, 1993,
respectively, in order to reimburse the
trunk highway fund for expenses not
related to the fund. These represent
amounts appropriated out of the trunk
highway fund for general fund purposes
in the administration and related
services program.
(b) $437,000 the first year and
$443,000 the second year are
appropriated from the highway user tax
distribution fund for transfer by the
commissioner of finance to the trunk
highway fund on January 1, 1992, and
January 1, 1993, respectively, in order
to reimburse the trunk highway fund for
expenses not related to the fund.
These represent amounts appropriated
out of the trunk highway fund for
highway user fund purposes in the
administration and related services
program.
(c) $1,026,000 the first year and
$1,026,000 the second year are
appropriated from the highway user tax
distribution fund for transfer by the
commissioner of finance to the general
fund on January 1, 1992, and January 1,
1993, respectively, in order to
reimburse the general fund for expenses
not related to the fund. These
represent amounts appropriated out of
the general fund for operation of the
criminal justice data network related
to driver and motor vehicle licensing.
Sec. 6. BOARD OF PEACE OFFICER
STANDARDS AND TRAINING 3,983,000 3,982,000
Approved Complement - 11
$500,000 the first year and $500,000
the second year are for the creation
and operation of a school of law
enforcement. * (The preceding sentence
beginning "$500,000" was vetoed by the
governor.)
Sec. 7. MINNESOTA SAFETY
COUNCIL 71,000 71,000
This appropriation is from the trunk
highway fund.
Sec. 8. COMMERCE
Subdivision 1. Total
Appropriation 12,386,000 12,760,000
1992 1993
Approved Complement - 237 235
General - 229 227
Environmental - 5 5
Special Revenue - 3 3
Summary by Fund
General 11,850,000 12,207,000
Environmental 220,000 224,000
Special Revenue 316,000 329,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Financial Examinations
5,157,000 5,345,000
Subd. 3. Registration and Analysis
1,992,000 2,015,000
Subd. 4. Petroleum Tank Release
Cleanup Board
220,000 224,000
This appropriation is from the
petroleum tank release cleanup account
in the environmental fund for
administration.
The commissioners of commerce and the
pollution control agency, in
cooperation with the petroleum tank
release cleanup board, shall study and
report to the governor and the
legislature by January 1, 1992, on the
petroleum tank release cleanup
program. The study must include, but
need not be limited to, recommendations
on program administration, the
reasonableness of costs of exploratory
drilling, program financing mechanisms,
criteria for reimbursements, and
program cost controls.
Subd. 5. Administrative Services
1,774,000 1,812,000
Subd. 6. Enforcement and Licensing
3,243,000 3,364,000
Summary by Fund
General 2,927,000 3,035,000
Special Revenue 316,000 329,000
$316,000 the first year and $329,000
the second year are from the real
estate education, research, and
recovery account in the special revenue
fund for the purpose of Minnesota
Statutes, section 82.34, subdivision
6. If the appropriation from the
special revenue fund for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 7. Transfers
The commissioner with the approval of
the commissioner of finance may
transfer unencumbered balances not
specified for a particular purpose
among the above programs. Transfers
must be reported immediately to the
committee on finance of the senate and
the committee on appropriations of the
house of representatives.
Sec. 9. NON-HEALTH-RELATED BOARDS
Subdivision 1. Total for this
section 1,089,000 1,121,000
Subd. 2. Board of Abstractors 8,000 8,000
Subd. 3. Board of Accountancy 441,000 445,000
Approved Complement - 5
Subd. 4. Board of Architecture,
Engineering, Land Surveying, and
Landscape Architecture 442,000 470,000
Approved Complement - 8
Subd. 5. Board of Barber
Examiners 135,000 135,000
Approved Complement - 2.5
Subd. 6. Board of Boxing 63,000 63,000
Approved Complement - 1.5
Sec. 10. PUBLIC UTILITIES
COMMISSION 2,415,000 2,471,000
Approved Complement - 40
Notwithstanding Minnesota Statutes,
section 216B.243, subdivision 6, for
any certificate of need application for
expansion of the storage capacity for
spent nuclear fuel rods, the commission
and department shall assess actual
amounts billed by the office of
administrative hearings and up to
$300,000 of reasonable costs of the
commission and department pursuant to
Minnesota Statutes, section 216B.62,
subdivision 6, during the biennium,
subject to the limitations of Minnesota
Statutes, section 216B.62, subdivision
2.
Sec. 11. PUBLIC SERVICE
Subdivision 1. Total
Appropriation 7,467,000 7,727,000
Approved Complement - 141.8
General - 127.8
Special Revenue - 6
Federal - 8
The commissioner shall transfer, from
among positions that were transferred
to the department from the state energy
agency, two positions to areas in which
the cost of the positions are recovered
from fees on regulated utilities.
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
The legislature intends that of the
reduction in anticipated department
expenditures as a result of the
difference between this appropriation
and the department's budget request,
$100,000 be achieved through a
reduction in activities not funded by
fees.
Subd. 2. Telecommunications
626,000 653,000
Subd. 3. Weights and Measures
2,157,000 2,236,000
Subd. 4. Information and Operations
Management
1,439,000 1,491,000
Subd. 5. Energy
3,245,000 3,347,000
Subd. 6. Transfers
The department of public service, with
the approval of the commissioner of
finance, may transfer unencumbered
balances not specified for a particular
purpose among the above programs.
Transfers must be reported immediately
to the committee on finance of the
senate and the committee on
appropriations in the house of
representatives.
Sec. 12. GAMING 10,000 -0-
Approved Complement - -0-
Sec. 13. LAWFUL GAMBLING CONTROL 1,930,000 1,928,000
Approved Complement - 37
Sec. 14. RACING COMMISSION 1,046,000 1,058,000
Approved Complement - 9
General - 8
Special Revenue - 1
Sec. 15. STATE LOTTERY BOARD
The director of the state lottery shall
reimburse the general fund $250,000 the
first year and $250,000 the second year
for lottery-related costs incurred by
the departments of public safety and
human services.
Sec. 16. ETHICAL PRACTICES BOARD 340,000 351,000
Approved Complement - 6
Sec. 17. MINNESOTA MUNICIPAL
BOARD 277,000 284,000
Approved Complement - 4
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year.
Sec. 18. MINNESOTA HISTORICAL
SOCIETY
Subdivision 1. Total
Appropriation 12,943,000 13,072,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
The Minnesota historical society is
eligible for a salary supplement in the
same manner as state agencies. The
commissioner of finance will determine
the amount of the salary supplement
based on available appropriations.
Employees of the Minnesota historical
society will be paid in accordance with
the appropriate pay plan.
Subd. 2. Public Programs and
Operations 11,438,000 11,783,000
$30,000 the first year and $70,000 the
second year are additional funds for
the reopening of the Meighen Store in
calendar year 1992, and is in addition
to any other funds expended for this
purpose.
Any unencumbered balance remaining at
the end of the first year must be
returned to the state treasury and
credited to the general fund.
Subd. 3. Statewide Outreach 615,000 615,000
$223,000 the first year and $223,000
the second year are for historic site
grants to encourage local historic
preservation projects. To be eligible
for a grant, a county or local project
group must provide a 50 percent match,
in accordance with the historical
society's guidelines. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year. * (The preceding
paragraph beginning "$223,000" was
vetoed by the governor.)
$27,000 the first year and $27,000 the
second year are for the state
archaeology function.
Subd. 4. Repair and Replacement 462,000 462,000
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 5. Fiscal Agent 428,000 212,000
(a) Sibley House Association
93,000 93,000
This appropriation is available for
operation and maintenance of the Sibley
house and related buildings on the Old
Mendota state historic site owned by
the Sibley house association.
Notwithstanding any other law, the
Sibley house association may purchase
fire, wind, hail, and vandalism
insurance, and insurance coverage for
fine art objects from this
appropriation.
(b) Minnesota International Center
91,000 50,000
$40,000 the first year is to be divided
equally by the Minnesota International
Center among the school districts
currently participating in the U.S.-
U.S.S.R. High School Academic
Partnership Program and must be used to
help pay the cost of sending Minnesota
students to study in the Soviet
Union. * (The preceding sentence
beginning "$40,000" was vetoed by the
governor.)
(c) Minnesota Military Museum
30,000
(d) Minnesota Air National
Guard Museum
20,000
(e) Government Learning Center
69,000 69,000
This appropriation is for Project 120.
(f) Greater Cloquet-Moose Lake forest
fire museum
25,000
The society shall spend this amount as
a grant to the Carlton county
historical society to be spent as a
grant to the Greater Cloquet-Moose Lake
forest fire museum planning committee
for the development of the museum. The
legislature intends that no further
direct appropriation will be made for
this purpose. * (The preceding
paragraph beginning "(f)" was vetoed by
the governor.)
(g) Museum of the National Guard
25,000
This amount is for a contribution from
the state of Minnesota to the museum of
the National Guard in Washington, D.C.
(h) Prairieland Expo Center
25,000
The society shall expend this amount as
a grant to the southwest regional
development commission for assistance
for this project. * (The preceding
paragraph beginning "(h)" was vetoed by
the governor.)
(i) Battle Point Cultural Center
50,000
This amount is for the Leech Lake
Reservation to complete final planning
for the Battle Point Cultural Center. *
(The preceding paragraph beginning
"(i)" was vetoed by the governor.)
(j) Balances Forward
Any unencumbered balance remaining in
this subdivision the first year does
not cancel but is available for the
second year of the biennium.
Sec. 19. MINNESOTA HUMANITIES
COMMISSION 247,000 247,000
Sec. 20. BOARD OF THE ARTS
Subdivision 1. Total Appropriation 4,043,000 4,018,000
Approved Complement - 16
General - 13
Federal - 3
Any unencumbered balance remaining in
this section the first year does not
cancel but is available for the second
year of the biennium.
Subd. 2. Operations and Services 587,000 587,000
Subd. 3. Grants Program 2,025,000 2,025,000
Subd. 4. Regional Arts Councils 1,406,000 1,406,000
Subd. 5. Kee Theatre 25,000
The board shall spend $25,000 of the
first year appropriation as a grant for
the restoration of the Kee theatre in
Kiester. It is the intent of the
legislature that no further direct
appropriation will be made for this
purpose. The board may not use any
part of this sum for administrative
expenses. * (Subdivision 5 was vetoed
by the governor.)
Sec. 21. GREATER MINNESOTA CORPORATION
Subdivision 1. Total Appropriation 12,600,000 12,400,000
This appropriation is for transfer from
the general fund to the greater
Minnesota corporation account in the
special revenue fund. The corporation
shall spend this amount in accordance
with the working papers* of the
appropriate senate and house of
representatives standing committees, a
true copy of which is on file in the
office of the secretary of state. *
(The governor struck the following
sentence in the working papers:
"$600,000 in fiscal year 1992 and
$400,000 in fiscal year 1993 is for a
grant to the World Trade Center
Corporation.")
Subd. 2. Agricultural Utilization
Research Institute
(a) The corporation shall make a grant
to the agricultural utilization
research institute in an amount
specified as provided in subdivision
1. The amount for fiscal year 1992 is
reduced by $3,500,000 if the
corporation has not paid $3,500,000 to
the agricultural utilization research
institute by July 1, 1991.
(b) Oil overcharge money appropriated
to the commissioner of administration
for the agricultural utilization
research institute for energy-related
grants must be transferred from the
greater Minnesota corporation to the
institute.
Subd. 3. Institute for Invention and
Innovation
The greater Minnesota corporation may
make grants to the institute for
invention and innovation to develop the
program and residential component of a
Minnesota-based international product,
process and service acquisition and
transfer program. The greater
Minnesota corporation may not transfer
funds to the institute until the
corporation (1) has developed a peer
review system to evaluate the
institute's activities and
expenditures, and (2) has approved the
institute's plan for spending the
amount transferred.
Sec. 22. LABOR AND INDUSTRY
Subdivision 1. Total
Appropriation 16,275,000 16,743,000
1992 1993
Approved Complement - 348.5 345.5
General - 98.9 96.4
Workers' Compensation - 206.5 206.5
Federal - 38.1 37.6
Special Revenue - 5 5
Summary by Fund
General 5,436,000 5,514,000
Workers'
Compensation 10,839,000 11,229,000
The legislature intends that the
reduction in anticipated department
expenditures as a result of the
difference between this appropriation
and the department's budget request not
result in any reduction of activities
in areas funded by fees.
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Workers' Compensation
Regulation and Enforcement
7,457,000 7,756,000
This appropriation is from the special
compensation fund.
Fee receipts collected as a result of
providing direct computer access to
public workers' compensation data on
file with the commissioner must be
deposited in the general fund.
Subd. 3. Workplace Regulation
and Enforcement
4,106,000 4,172,000
Subd. 4. General Support
4,712,000 4,815,000
Summary by Fund
General 1,330,000 1,342,000
Workers'
Compensation 3,382,000 3,473,000
$215,000 the first year and $215,000
the second year are for labor education
and advancement program grants.
Subd. 5. Transfers
The commissioner of labor and industry
with the approval of the commissioner
of finance may transfer unencumbered
balances not specified for a particular
purpose among the above programs.
Transfers must be reported immediately
to the committee on finance of the
senate and the committee on
appropriations of the house of
representatives.
Sec. 23. SECRETARY OF STATE
Subdivision 1. Total
Appropriation 5,131,000 4,782,000
Approved Complement - 69.5
General - 63.5
Special Revenue - 6
The amounts that may be spent from this
appropriation for each activity are
specified in the following subdivisions.
Subd. 2. Elections and Publications
1,016,000 567,000
$635,000 the first year is for the
presidential primary election.
Subd. 3. Uniform Commercial Code
221,000 220,000
Subd. 4. Business Services
724,000 722,000
Subd. 5. Administration
456,000 459,000
Subd. 6. Fiscal Operations
212,000 212,000
Subd. 7. Data Services
227,000 229,000
Subd. 8. Network Operations
Voter Registration
727,000 817,000
Subd. 9. Network Operations
Uniform Commercial Code
1,041,000 1,078,000
Subd. 10. Reports Renewals
Registration
507,000 478,000
Subd. 11. Transfers
The secretary of state may transfer
unencumbered balances among the above
programs after notifying the committee
on finance of the senate and the
committee on appropriations of the
house of representatives.
Sec. 24. VETERANS OF FOREIGN
WARS 31,000 31,000
For carrying out the provisions of Laws
1945, chapter 455.
Sec. 25. MILITARY ORDER OF
THE PURPLE HEART 10,000 10,000
Sec. 26. DISABLED AMERICAN VETERANS 13,000 12,000
For carrying out the provisions of Laws
1941, chapter 425.
Sec. 27. UNIFORM LAWS
COMMISSION 21,000 22,000
Sec. 28. TRANSPORTATION STUDY
BOARD 125,000 125,000
This appropriation is from the highway
user tax distribution fund. This
appropriation is available only if no
other funds are appropriated to the
board. * (Section 28 was vetoed by the
governor.)
Sec. 29. GENERAL CONTINGENT
ACCOUNTS 325,000 325,000
The appropriations in this section may
only be spent with the approval of the
governor after consultation with the
legislative advisory commission
pursuant to Minnesota Statutes, section
3.30.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Summary by Fund
Trunk Highway Fund
200,000 200,000
Highway User Tax Distribution Fund
125,000 125,000
Sec. 30. TORT CLAIMS 600,000 600,000
To be spent by the commissioner of
finance.
This appropriation is from the trunk
highway fund.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 31. [TEMPORARY AUTHORITY; CHARTER CARRIERS OF
PASSENGERS.]
(a) The transportation regulation board may grant a
temporary permit to a motor carrier, or grant a temporary
extension of an existing charter carrier permit to authorize
operation as a charter carrier of passengers, within the
seven-county metropolitan area if the board finds that:
(1) the service to be provided under the temporary permit
or temporary extension will be provided during the month of
January 1992, in connection with or related to the 1992 National
Football League championship game;
(2) the petitioner for the temporary permit or extension is
fit and able to conduct the proposed operations; and
(3) the petitioner's vehicles meet the applicable safety
standards of the commissioner of transportation.
(b) Notwithstanding Minnesota Statutes, section 221.121,
subdivision 2, a holder of a temporary permit under this section
is not required to seek a permanent permit from the board. The
board may charge a registration fee of not more than $10 for
each vehicle that will be operated under authority of the
temporary permit or temporary extension. All temporary permits
and temporary extensions granted by the board under this section
expire on a date specified in the board order granting the
temporary permit or extension, but not later than January 31,
1992.
(c) All provisions of Minnesota Statutes, chapter 221, not
inconsistent with this section, apply to temporary permits and
temporary extensions granted under this section.
(d) In granting temporary permits and temporary extensions
under this section, the board shall to the maximum feasible
extent give priority to Minnesota-based carriers.
Sec. 32. [EXTENSION OF INSURANCE AGENT LICENSES; EFFECT.]
The commissioner of commerce shall prorate the license fee
under Minnesota Statutes, section 60A.17, to reflect the
extension of the license term under section 72B.04.
Nothing in section 72B.04 affects continuing education or
other requirements imposed by Minnesota Statutes, chapter 60A.
Sec. 33. Laws 1990, chapter 610, article 1, section 13,
subdivision 4, is amended to read:
Subd. 4. Federal Aid Demonstration 5,600,000
Program and Federal Discretionary
Bridge Fund Matching
This appropriation is from the state
transportation fund for a grant to
provide the local match for the federal
aid demonstration program and for
federal discretionary bridge funds for
the Bloomington ferry bridge. Any
amount used for the federal
discretionary bridge match for the
Bloomington ferry bridge is intended to
reduce the amount available for the
federal aid demonstration program, not
supplement it.
Sec. 34. Laws 1989, chapter 269, section 11, subdivision
7, is amended to read:
Subd. 7. [TRANSFERS.]
The commissioner with the approval of
the commissioner of finance may
transfer unencumbered balances not
specified for a particular purpose
among the above programs. Transfers
must be reported immediately to the
committee on finance of the senate and
the committee on appropriations of the
house of representatives.
Up to $50,000 may be used to study the
cost effectiveness of care provided by
members of the healing arts, as defined
in Minnesota Statutes, chapter
146. The commissioner shall report the
findings to the legislature by January
1, 1990. The commissioner shall retain
the results of the study for future
research and reference.
Sec. 35. [TRANSPORTATION STUDY BOARD.]
Subdivision 1. [BOARD EXTENDED; MEMBERSHIP.] A
transportation study board is created. The board shall consist
of the following members:
(1) seven members of the senate, with not more than five of
the same political party, appointed by the senate committee on
committees; and
(2) seven members of the house of representatives, with not
more than five of the same political party, appointed by the
speaker of the house. Appointments are for two-year terms
beginning July 1 of each odd-numbered year. Vacancies must be
filled in the same manner as the original appointments.
Subd. 2. [OFFICERS.] The board shall elect a chair and
vice-chair from among its members. The chair must alternate
biennially between a member of the house and a member of the
senate. The vice-chair must be a house member when the chair is
a senate member, and a senate member when the chair is a house
member.
Subd. 3. [STAFF.] The board may employ professional,
technical, consulting, and clerical services. The board may use
legislative staff to provide legal counsel, research,
secretarial, and clerical assistance.
Subd. 4. [EXPENSES AND REIMBURSEMENT.] The members of the
board may receive per diem payments when attending meetings and
other commission business. Members, employees, and legislative
staff must be reimbursed for expenses actually and necessarily
incurred in the performance of their duties under the rules
governing legislators and legislative employees.
Subd. 5. [EXPIRATION.] This section expires July 1, 1993.
Sec. 36. Minnesota Statutes 1990, section 10A.02, is
amended by adding a subdivision to read:
Subd. 14. Notwithstanding the provisions of section 8.15,
the board must not be assessed the cost of legal services
rendered to it by the attorney general's office.
Sec. 37. Minnesota Statutes 1990, section 12.14, is
amended to read:
12.14 [ASSESSMENT FOR NUCLEAR SAFETY PREPAREDNESS ACT.]
Any person, firm, corporation, or association in the
business of owning or operating a nuclear fission electrical
generating plant located in Minnesota, shall pay an
assessment quarterly assessments to cover the cost of nuclear
power plant emergency response plans and other programs
necessary to deal with incidents resulting from the operation of
nuclear fission electrical generating plants. An assessment
of $177,500 per plant up to one quarter of the projected annual
cost shall be paid to the commissioner of public safety on July
1 of each year. An assessment shall be billed by the
commissioner based on actual costs for each quarter of the
fiscal year starting with the first quarter ending September
30. The July 1 assessment shall be deducted from the final
quarterly billing for the fiscal year. The assessment collected
shall be credited to the nuclear safety preparedness account in
the special revenue fund.
Sec. 38. Minnesota Statutes 1990, section 15A.081,
subdivision 1, is amended to read:
Subdivision 1. [SALARY RANGES.] The governor shall set the
salary rate within the ranges listed below for positions
specified in this subdivision, upon approval of the legislative
commission on employee relations and the legislature as provided
by section 43A.18, subdivisions 2 and 5:
Salary Range
Effective
July 1, 1987
$57,500-$78,500
Commissioner of finance;
Commissioner of education;
Commissioner of transportation;
Commissioner of human services;
Commissioner of revenue;
Commissioner of public safety;
Executive director, state board of
investment;
Commissioner of gaming;
Director of the state lottery;
$50,000-$67,500
Commissioner of administration;
Commissioner of agriculture;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of jobs and training;
Commissioner of employee relations;
Commissioner of health;
Commissioner of labor and industry;
Commissioner of natural resources;
Commissioner of trade and economic development;
Chief administrative law judge; office of
administrative hearings;
Commissioner, pollution control agency;
Commissioner, state planning agency;
Director, office of waste management;
Commissioner, housing finance
agency;
Executive director, public employees
retirement association;
Executive director, teacher's
retirement association;
Executive director, state retirement
system;
Chair, metropolitan council;
Chair, regional transit board;
$42,500-$60,000
Commissioner of human rights;
Commissioner, department of public service;
Commissioner of veterans' affairs;
Commissioner, bureau of mediation services;
Commissioner, public utilities commission;
Member, transportation regulation board;
Ombudsman for corrections;
Ombudsman for mental health and retardation.
Sec. 39. Minnesota Statutes 1990, section 16A.662,
subdivision 2, is amended to read:
Subd. 2. [BONDS AUTHORIZED.] When authorized by law
enacted in accordance with the constitution, article XI,
sections 5 and 7, the commissioner may by order sell and issue
infrastructure development bonds of the state evidencing public
debt incurred for any purpose stated in the law. The bonds are
general obligations of the state, and the full faith and credit
of the state are pledged for their payment.
Sec. 40. Minnesota Statutes 1990, section 16A.662,
subdivision 4, is amended to read:
Subd. 4. [ESTABLISHMENT OF DEBT SERVICE ACCOUNT;
APPROPRIATION OF DEBT SERVICE ACCOUNT MONEY.] There is
established within the state bond fund a separate and special
account designated as the infrastructure development bond debt
service account. There must be transferred to this debt service
account in each fiscal year from money in the infrastructure
development fund, other than bond proceeds and interest earned
on bond proceeds, an amount sufficient to increase the balance
on hand in the debt service account on each December 1 to an
amount equal to the full amount of principal and interest to
come due on all outstanding infrastructure development bonds to
and including the second following July 1. The amount necessary
to make the transfer is appropriated from the infrastructure
development fund. The money on hand in the debt service account
must be used solely for the payment of the principal of, and
interest on, the bonds issued under Laws 1990, chapter 610,
article 1, section 30, subdivision 2, and is appropriated for
this purpose. This appropriation does not cancel as long as any
of the bonds remain outstanding.
Sec. 41. Minnesota Statutes 1990, section 16A.662,
subdivision 5, is amended to read:
Subd. 5. [ASSESSMENT TO HIGHER EDUCATION SYSTEMS.] (a) In
order to reduce the amount otherwise required to be
transferred under subdivision 4 to the state bond fund with
respect to bonds heretofore or hereafter issued under Laws 1990,
chapter 610, article 1, section 30, subdivision 2, the
commissioner of finance shall assess each higher education
system for one-third the amount that would otherwise need to be
transferred with respect to infrastructure development those
bonds sold to finance capital improvement projects at
institutions under the control of the system; provided that, to
the extent that the amount to be transferred is for payment of
principal and interest on bonds sold to finance life safety
improvements, the commissioner must not assess the higher
education systems for the transfer.
(b) After each sale of infrastructure development the
bonds, the commissioner of finance shall notify the state board
for vocational technical education, the state board for
community colleges, the state university board, and the regents
of the University of Minnesota of the amounts for which each
system is responsible for each year for the life of the bonds.
The amounts payable each year are reduced by one-third of the
net income from investment of infrastructure development those
bond proceeds that must be allocated among the systems in
proportion to the amount of principal and interest otherwise
required to be paid by each. Each higher education system shall
pay its annual share of debt service payments to the
commissioner of finance by December 1 each year. If a higher
education system fails to make a payment when due, the
commissioner of finance shall reduce allotments for
appropriations from the general fund otherwise payable to the
system to cover the amount of the missed debt service payment.
The commissioner of finance shall credit the payments received
from the higher education systems to the infrastructure
development bond debt service account in the state bond fund
each December 1 before the transfer is made under subdivision 4.
Sec. 42. Minnesota Statutes 1990, section 60A.14,
subdivision 1, is amended to read:
Subdivision 1. [FEES OTHER THAN EXAMINATION FEES.] In
addition to the fees and charges provided for examinations, the
following fees must be paid to the commissioner for deposit in
the general fund:
(a) by township mutual fire insurance companies:
(1) for filing certificate of incorporation $25 and
amendments thereto, $10;
(2) for filing annual statements, $15;
(3) for each annual certificate of authority, $15;
(4) for filing bylaws $25 and amendments thereto, $10.
(b) by other domestic and foreign companies including
fraternals and reciprocal exchanges:
(1) for filing certified copy of certificate of articles of
incorporation, $100;
(2) for filing annual statement, $225;
(3) for filing certified copy of amendment to certificate
or articles of incorporation, $100;
(4) for filing bylaws, $75 or amendments thereto, $75;
(5) for each company's certificate of authority, $575,
annually.
(c) the following general fees apply:
(1) for each certificate, including certified copy of
certificate of authority, renewal, valuation of life policies,
corporate condition or qualification, $15;
(2) for each copy of paper on file in the commissioner's
office 50 cents per page, and $2.50 for certifying the same;
(3) for license to procure insurance in unadmitted foreign
companies, $575;
(4) for receiving and forwarding each notice, proof of
loss, summons, complaint or other process served upon the
commissioner of commerce, as attorney for service of process
upon any nonresident agent or insurance company, including
reciprocal exchanges, $15 plus the cost of effectuating service
by certified mail, which amount must be paid by the party
serving the notice and may be taxed as other costs in the
action;
(5) for valuing the policies of life insurance companies,
one cent per $1,000 of insurance so valued, provided that the
fee shall not exceed $1,000 $13,000 per year for any company.
The commissioner may, in lieu of a valuation of the policies of
any foreign life insurance company admitted, or applying for
admission, to do business in this state, accept a certificate of
valuation from the company's own actuary or from the
commissioner of insurance of the state or territory in which the
company is domiciled;
(6) for receiving and filing certificates of policies by
the company's actuary, or by the commissioner of insurance of
any other state or territory, $50;
(7) for issuing an initial license to an individual agent,
$20 $25 per license, for issuing an initial agent's license to a
partnership or corporation, $50, and for issuing an amendment
(variable annuity) to a license, $20 $25, and for renewal of
amendment, $20 $25;
(8) for each appointment of an agent filed with the
commissioner, a domestic insurer shall remit $5 and all other
insurers shall remit $3;
(9) for renewing an individual agent's license, $20 $25 per
year per license, and for renewing a license issued to a
corporation or partnership, $50 per year;
(10) for issuing and renewing a surplus lines agent's
license, $150;
(11) for issuing duplicate licenses, $5;
(12) for issuing licensing histories, $10;
(13) for filing forms and rates, $50 per filing;
(14) for annual renewal of surplus lines insurer license,
$300.
The commissioner shall adopt rules to define filings that
are subject to a fee.
Sec. 43. Minnesota Statutes 1990, section 60A.17,
subdivision 1d, is amended to read:
Subd. 1d. [RENEWAL FEE.] (a) Each agent licensed pursuant
to this section shall annually pay in accordance with the
procedure adopted by the commissioner a renewal fee as
prescribed by section 60A.14, subdivision 1, paragraph (c),
clause (10).
(b) Every agent, corporation, and partnership license
expires on May October 31 of the year for which period a license
is issued.
(c) Persons whose applications have been properly and
timely filed who have not received notice of denial of renewal
are approved for renewal and may continue to transact business
whether or not the renewed license has been received on or
before June November 1. Applications for renewal of a license
are timely filed if received by the commissioner on or
before May October 15 of the year due, on forms duly executed
and accompanied by appropriate fees. An application mailed is
considered timely filed if addressed to the commissioner, with
proper postage, and postmarked by May October 15.
(d) The commissioner may issue licenses for agents,
corporations, or partnerships for a three-year period. If
three-year licenses are issued, the fee is three times the
annual license fee.
Sec. 44. Minnesota Statutes 1990, section 72B.04,
subdivision 7, is amended to read:
Subd. 7. [LICENSE TERM.] Every adjuster's and public
adjuster solicitor's license shall be for a term expiring on May
October 31 next following the date of its issuance, and may be
renewed for the ensuing calendar year upon the timely filing of
an application for renewal.
Sec. 45. Minnesota Statutes 1990, section 80C.04,
subdivision 1, is amended to read:
Subdivision 1. An application for registration of a
franchise shall be made by filing with the commissioner a
proposed public offering statement accompanied by a fee of
$250 $400. The public offering statement shall contain the
following:
(a) The name of the franchisor, the name under which the
franchisor is doing or intends to do business, and the name of
any parent or affiliated person that will engage in business
transactions with franchisees;
(b) The franchisor's principal business address, the
address of its agent in this state authorized to receive service
of process, and a consent to service of process as required by
section 80C.20, if applicable;
(c) The business form of the franchisor, whether corporate,
partnership or otherwise, and the state or other sovereign power
under which the franchisor is organized;
(d) Such information concerning the identity and business
experiences of persons affiliated with the franchisor as the
commissioner may by rule prescribe;
(e) A statement whether the franchisor or any person
identified in the public offering statement:
(1) Has during the ten year period immediately preceding
the date of the public offering statement been convicted of a
felony, pleaded nolo contendere to a felony charge, or been held
liable in a civil action by final judgment if such felony or
civil action involved fraud, embezzlement, fraudulent
conversion, restraint of trade, unfair or deceptive practices or
misappropriation of property;
(2) Is subject to any currently effective order of the
United States Securities and Exchange Commission or the
securities administrator of any state denying registration to or
revoking or suspending the license or registration of such
person as a securities broker, dealer, agent, or investment
adviser, or is subject to any currently effective order of any
national securities association or national securities exchange,
as defined in the Securities Exchange Act of 1934, suspending or
expelling such person from membership in such association or
exchange;
(3) Is subject to any currently effective order or ruling
of the Federal Trade Commission;
(4) Is subject to any currently effective injunctive or
restrictive order relating to the business which is the subject
of the franchise offered or any other business activity as a
result of an action brought by any public agency or department;
or
(5) Has any civil or criminal actions pending against that
franchisor or person involving fraud, embezzlement, fraudulent
conversion, restraint of trade, unfair or deceptive practices or
misappropriation of property.
Such statement shall set forth the court and date of
conviction or judgment, any penalty imposed or damages assessed,
the date, nature and issuer of any orders, and the court,
nature, and current status of any pending action.
(f) The business experience of the franchisor, including
the length of time the franchisor has conducted a business of
the type to be operated by the franchisees, has granted
franchises for such businesses, and has granted franchises in
other lines of business.
(g) A balance sheet of the franchisor as of the end of the
franchisor's most recent fiscal year and an income statement for
the period ending on the date of such balance sheet, both
audited by an independent certified public accountant; and, if
the fiscal year-end of the franchisor is in excess of 90 days
prior to the date of filing the application, a balance sheet and
income statement, which may be unaudited, as of a date within 90
days of the date of the application. The commissioner may by
rule or order prescribe the form and content of financial
statements required under this clause and the circumstances
under which consolidated financial statements may or shall be
filed, and may waive the requirement of audited financial
statements;
(h) A copy of the entire franchise contract or agreement
proposed for use, including all amendments thereto;
(i) A statement of the franchise fee charged, the proposed
use of the proceeds of such fee by the franchisor, and the
method or formula by which the amount of the fee is determined
if the fee is not the same in all cases;
(j) A statement describing any payments or fees other than
franchise fees that the franchisee or subfranchisor is required
to pay to the franchisor, including royalties and payments or
fees which the franchisor collects in whole or in part on behalf
of a third party;
(k) A statement of the conditions under which the franchise
agreement may be terminated or renewal refused or repurchased at
the option of the franchisor, any limitations on the right of
the franchisee to sell, transfer, assign, move, renew or
terminate the franchise, and a description of the provisions
regarding franchisee equity upon sale, termination, refusal to
renew, or repurchase;
(l) A statement whether, by the terms of the franchise
agreement or by other device or practice, the franchisee or
subfranchisor is required to purchase from the franchisor or
person designated by the franchisor, services, supplies,
products, fixtures or other goods relating to the establishment
or operation of the franchise business, together with a
description thereof;
(m) A statement of any restriction or condition imposed by
the franchisor whether by the terms of the franchise agreement
or by other device or practice of the franchisor whereby the
franchisee is limited in the goods or services offered by the
franchisee to the franchisee's customers;
(n) A statement of the terms and conditions of any
financing arrangements when offered directly or indirectly by
the franchisor or an agent or affiliate;
(o) A statement of any past or present practice or of any
intent of the franchisor to sell, assign or discount to a third
party any note, contract or other obligation of the franchisee
or subfranchisor in whole or in part;
(p) A copy of any statement of estimated or projected
franchisee earnings prepared for presentation to prospective
franchisees or subfranchisors, or other persons, together with a
statement setting forth the data upon which such estimation or
projection is based;
(q) A statement describing the training program,
supervision and assistance the franchisor has provided and will
provide the franchisee;
(r) A statement of any compensation or other benefit given
or promised to a public figure arising, in whole or in part,
from the use of the public figure in the name or symbol of the
franchise or the endorsement or recommendation of the franchise
by the public figure in advertisements, and the extent to which
such public figure is involved in the actual management of the
franchisor;
(s) A statement of the number of franchises presently
operating and proposed to be sold;
(t) A statement whether franchisee or subfranchisors
receive an exclusive area and territory, and if so, a map
thereof; and
(u) Such other information as the commissioner may require;
(v) When the franchises to be registered are proposed to be
offered and sold by a subfranchisor or the subfranchisor's
agents, the application shall also include the same information
concerning the subfranchisor as is required concerning the
franchisor pursuant to this section.
Sec. 46. Minnesota Statutes 1990, section 80C.07, is
amended to read:
80C.07 [AMENDMENT OF REGISTRATION.]
A person with a registration in effect shall, within 30
days after the occurrence of any material change in the
information on file with the commissioner, notify the
commissioner in writing of the change by an application to amend
the registration accompanied by a fee of $50 $100. The
commissioner may by rule define what shall be considered a
material change for such purposes, and may determine the
circumstances under which a revised public offering statement
must accompany the application. If the amendment is approved by
the commissioner, it shall become effective upon the issuance by
the commissioner of an order amending the registration.
Sec. 47. Minnesota Statutes 1990, section 80C.08,
subdivision 1, is amended to read:
Subdivision 1. Within 120 days after the fiscal year end
of the registrant, the registrant shall file a report in the
form prescribed by rule of the commissioner. A fee of $100 $200
shall accompany the annual report.
Sec. 48. Minnesota Statutes 1990, section 82.22,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] Each applicant for a license
must pass an examination conducted by the commissioner. The
examinations shall be of sufficient scope to establish the
competency of the applicant to act as a real estate broker,
as or a real estate salesperson, or as a real estate closing
agent.
Sec. 49. Minnesota Statutes 1990, section 82.22,
subdivision 5, is amended to read:
Subd. 5. [PERIOD FOR APPLICATION.] An applicant who
obtains an acceptable score on a salesperson's or closing
agent's examination must file an application and obtain the
license within one year of the date of successful completion of
the examination or a second examination must be taken to qualify
for the license. If a new examination is required, prelicense
education must be completed in accordance with subdivision 6.
Sec. 50. Minnesota Statutes 1990, section 82.22,
subdivision 10, is amended to read:
Subd. 10. [RENEWAL; EXAMINATION.] Except as provided in
subdivisions 3 and 7, no examination shall be required for the
renewal of any license, provided, however, any licensee having
been licensed as a broker, or salesperson, or closing agent in
the state of Minnesota and who shall fail to renew the license
for a period of two years shall be required by the commissioner
to again take an examination.
Sec. 51. Minnesota Statutes 1990, section 82.22,
subdivision 11, is amended to read:
Subd. 11. [EXAMINATION ELIGIBILITY; REVOCATION.] No
applicant shall be eligible to take any examination if a license
as a real estate broker, or salesperson, or closing agent has
been revoked in this or any other state within two years of the
date of the application.
Sec. 52. Minnesota Statutes 1990, section 115C.09, is
amended by adding a subdivision to read:
Subd. 8. [LIMITATION ON REIMBURSEMENT OBLIGATION.] The
amount of the state's obligation to make reimbursement under
this chapter is limited to the amount available.
Notwithstanding any other provisions of this chapter, there
shall be no obligation to the general fund to make a
reimbursement if there are not sufficient funds in the petroleum
tank release cleanup account.
Sec. 53. Minnesota Statutes 1990, section 129D.04, is
amended by adding a subdivision to read:
Subd. 5. The board may contract as necessary in the
performance of its duties.
Sec. 54. Minnesota Statutes 1990, section 129D.04, is
amended by adding a subdivision to read:
Subd. 6. The board's receipts from the sale of
publications, mailing lists, recordings or media projects, and
fees from seminars or workshops are annually appropriated to the
board for the purposes of this section.
Sec. 55. Minnesota Statutes 1990, section 129D.05, is
amended to read:
129D.05 [PUBLICATIONS; LEGEND.]
Every publication, program, or other graphic material
prepared by the board or prepared for use by any other
organization in connection with an activity paid for by the
board shall bear the legend: "This activity is made possible in
part by a grant provided by the Minnesota state arts board
through an appropriation by the Minnesota state legislature."
Each publication, program, or other graphic material
prepared by an individual artist in connection with an activity
paid for by the board shall bear the legend: "(artist's name)
is a (fiscal year) recipient of a (program) grant from the
Minnesota state arts board from funds appropriated by the
Minnesota legislature."
Sec. 56. Minnesota Statutes 1990, section 138.91, is
amended to read:
138.91 [MINNESOTA HUMANITIES COMMISSION.]
Subdivision 1. [REPORTS.] From money appropriated to it
for this purpose the Minnesota historical society shall make
grants to the Minnesota humanities commission for its general
operations and management. A grant shall not be made unless
matched by an equal amount of federal money. At least 50
percent of the amount appropriated shall be used for cooperation
with and service for other groups, agencies, and institutions
outside the seven-county metropolitan area for the support and
dissemination of the humanities.
Subd. 2. The Minnesota humanities commission shall report
to the legislature by September 1 of each year on the use of
these grants state funds appropriated to the commission. The
report shall include an itemized account of the programs and
projects supported and the source of money for each. The report
shall show actual expenditures for the fiscal year ending the
preceding June 30 and proposed expenditures for the fiscal year
beginning the preceding July 1.
Subd. 3. 2. [HUMANITIES RESOURCE CENTER.] (a) The
Minnesota humanities commission may establish a
humanities resource center to ensure balance in public education
and in the cultural life of the state, and to improve humanities
education through the establishment of two institutes: The
Minnesota institute for lifelong learning, and the Minnesota
institute for the advancement of teaching.
(b) The humanities resource center may transport people and
resources to small towns, rural communities, and urban settings
to provide grants, technical assistance, and high quality
educational and cultural programs to schools and community
organizations throughout Minnesota.
(c) The Minnesota institute for the advancement of teaching
may conduct seminars and other activities for the recognition of
the teaching profession and the advancement of teaching in
Minnesota.
Sec. 57. Minnesota Statutes 1990, section 138.94, is
amended to read:
138.94 [STATE HISTORICAL HISTORY CENTER.]
Subdivision 1. [DESIGNATION.] The historical building at
690 Cedar Street and the land housing the Mechanic Arts
gymnasium, parking lot, and any other properties between those
entities and the historical building at 690 Cedar Street 160
John Ireland Boulevard is hereby designated as the
state historical history center, and is to be used for such
purposes notwithstanding any other law to the contrary.
Authority for administration and control of the state historical
history center is conferred on the Minnesota historical
society. The society is not exempt from rental or lease costs
by the state. The state will maintain and provide custodial,
security, and climate control services for the historical
history center.
Subd. 2. [USER FEES.] The society may charge fees it deems
reasonable for uses relating to the state history center
including parking and special exhibits.
Sec. 58. Minnesota Statutes 1990, section 162.02,
subdivision 12, is amended to read:
Subd. 12. [SYSTEM TO INCLUDE FORMER MUNICIPAL STATE-AID
STREETS.] Former municipal state-aid streets located in a city
that previously received money from the municipal state-aid
street fund but whose population fell below 5,000 under the 1980
or 1990 federal census must be included in the county state-aid
highway system, subject to the approval of the governing bodies
of the city and the county. An action taken by a county board
approving the inclusion of a former municipal state-aid street
in the county state-aid highway system must also include a
resolution taking over the street as a county highway under
section 163.11. The county state-aid highway system is
increased in extent by the addition of the mileage of municipal
state-aid streets reverting or turned over to the jurisdiction
of the counties under this subdivision.
Sec. 59. Minnesota Statutes 1990, section 168C.04, is
amended to read:
168C.04 [REGISTRATION FEE.]
Subdivision 1. The registration fee for bicycles shall be
$3 until January 1, 1985, and shall be $5 thereafter $9 after
July 1, 1991. These fees shall be paid at the time of
registration. The fees, and any donations in excess of the fees
must be deposited in the general fund a bicycle transportation
account in the special revenue fund. Proof of purchase is
required for registration. Bicycles lacking proof of purchase
may be registered if there is no evidence that the bicycle is
stolen. However, the registration record must be marked to
indicate that no proof of purchase was provided. The
registration is valid for three calendar years. A person
registering a bicycle may add an additional amount to the
registration fee, and all amounts so added must be deposited in
the same manner as registration fees. A person registering a
bicycle must at the time of registration be informed that a
registrant may add an additional amount to the fee and that all
such additional amounts will be used for the purposes specified
in subdivision 2.
Subd. 2. Funds received from bicycle registration may be
expended only by legislative appropriation for the following
purposes:
(a) for the costs incurred by the commissioner in
administering the bicycle registration program;
(b) beginning July 1, 1984, for a program to be conducted
by the commissioner to publicize the bicycle registration
program and encourage participation in it by bicycle owners and
local units of government;
(c) for the development of bicycle safety education
programs and the development of bicycle transportation and
recreational facilities including but not limited to bicycle
lanes and ways on highway right-of-way, off-road bicycle trails
and bicycle mapping. A bicycle transportation account is created
in the special revenue fund. All funds in the account, up to a
maximum of $160,000 in a fiscal year, are annually appropriated
as follows:
(1) one-half to the commissioner of transportation for the
development of bicycle transportation and recreational
facilities on public highways, including but not limited to
bicycle lanes and ways on highways, off-road bicycle trails, and
bicycle mapping; and
(2) one-half to the commissioner of public safety for
bicycle safety programs, administration of the bicycle
registration program, and public information and education
designed to encourage participation in the program.
Subd. 3. An agency of the state expending funds from the
bicycle program transportation account must, in making
expenditures for the purposes of subdivision 2, paragraph (c)
give consideration to participation or nonparticipation by a
political subdivision in the bicycle registration program as
provided in section 168C.13 and the extent of local public
participation in the program before approving a project or
expenditure in that political subdivision.
Subd. 4. Not later than March 1, 1985 the commissioner
shall report to the legislature on funds expended under
subdivision 2, paragraph (b) and accomplishments in carrying out
the purposes of that clause.
Sec. 60. Minnesota Statutes 1990, section 171.06,
subdivision 2a, is amended to read:
Subd. 2a. [FEE INCREASED.] The fee for any duplicate
drivers license which is obtained for the purpose of adding a
two-wheeled vehicle endorsement is increased by $7.50 $15 for
each first such duplicate license and $6 $12 for each renewal
thereof. The additional fee shall be paid into the state
treasury and credited as follows:
(1) $7.50 of the additional fee for each first duplicate
license, and $6 of the additional fee for each renewal, must be
credited to the motorcycle safety fund which is hereby created;
provided that any fee receipts in excess of $500,000 in a fiscal
year shall be credited 90 percent to the trunk highway fund and
ten percent to the general fund, as provided in section 171.26.
(2) The remainder of the additional fee must be credited to
the general fund.
All application forms prepared by the commissioner for
two-wheeled vehicle endorsements shall clearly contain the
information that of the total fee charged for the endorsement,
$6 is dedicated to the motorcycle safety fund.
Sec. 61. Minnesota Statutes 1990, section 171.26, is
amended to read:
171.26 [MONEY CREDITED TO TRUNK HIGHWAY FUND AND TO GENERAL
FUND.]
All money received under the provisions of this chapter
shall be paid into the state treasury with 90 percent of such
money credited to the trunk highway fund, and ten percent
credited to the general fund, except as provided in section
sections 171.06, subdivision 2a; and 171.29, subdivision 2.
Sec. 62. Minnesota Statutes 1990, section 174.24, is
amended by adding a subdivision to read:
Subd. 2a. [ELIGIBLE ACTIVITIES.] Activities eligible for
assistance under the program include but are not limited to:
(1) planning and engineering design for transit services
and facilities;
(2) capital assistance to purchase or refurbish transit
vehicles and other capital expenditures necessary to provide a
transit service;
(3) operating assistance as provided under subdivision 3;
and
(4) other assistance for public transit services that
furthers the purposes of section 174.21.
Sec. 63. Minnesota Statutes 1990, section 182.651, is
amended by adding a subdivision to read:
Subd. 21. [AFFECTED EMPLOYEE.] "Affected employee" means a
current employee of a cited employer who is exposed within the
scope of employment to the alleged hazard described in the
citation.
Sec. 64. Minnesota Statutes 1990, section 182.651, is
amended by adding a subdivision to read:
Subd. 22. [AUTHORIZED EMPLOYEE REPRESENTATIVE.]
"Authorized employee representative" means a labor organization
that has a collective bargaining relationship with the cited
employer and that represents affected employees.
Sec. 65. Minnesota Statutes 1990, section 182.651, is
amended by adding a subdivision to read:
Subd. 23. [RESPONDENT.] "Respondent" means a person
against whom a complaint has been issued or served.
Sec. 66. Minnesota Statutes 1990, section 182.661,
subdivision 1, is amended to read:
Subdivision 1. If, after an inspection or investigation,
the commissioner issues a citation under section 182.66, the
commissioner shall notify the employer by certified mail of the
penalty, if any, proposed to be assessed under section 182.666
and that the employer has 15 working 20 calendar days within
which to notify the commissioner in writing file a notice of
contest and certification of service, on a form provided by the
commissioner, indicating that the employer wishes to contest the
citation, type of violation, proposed assessment of penalty, or
the period of time fixed in the citation given for correction of
violation. A copy of the citation and the proposed assessment
of penalty shall also be mailed to the bargaining authorized
employee representative and, in the case of the death of an
employee, to the next of kin if requested and designated
representative of the employee if known to the department of
labor and industry. If within 15 working 20 calendar days from
the receipt of the penalty notice issued by the commissioner the
employer fails to notify the commissioner in writing that the
employer intends to contest the citation or proposed assessment
of penalty file the notice of contest, and no notice contesting
either the citation, the type of violation, proposed penalty, or
the time fixed for abatement in the citation of contest is filed
by any employee or authorized representative of employees under
subdivision 3 within such time, the citation and assessment, as
proposed, shall be deemed a final order of the board
commissioner and not subject to review by any court or agency.
Sec. 67. Minnesota Statutes 1990, section 182.653,
subdivision 9, is amended to read:
Subd. 9. [STANDARD INDUSTRIAL CLASSIFICATION LIST.] The
commissioner shall adopt, in accordance with section 182.655, a
rule specifying a list of standard industrial classifications of
employers who must comply with subdivision 8. The commissioner
shall demonstrate the need to include each industrial
classification on the basis of the safety record or workers'
compensation record of that industry segment. An employer must
comply with subdivision 8 six months following the date the
standard industrial classification that applies to the employee
is placed on the list. An employer having less than 51
employees must comply with subdivision 8 six months following
the date the standard industrial classification that applies to
the employee is placed on the list or by July 1, 1993, whichever
is later. The list shall be updated every two years.
Sec. 68. Minnesota Statutes 1990, section 182.661,
subdivision 2, is amended to read:
Subd. 2. If the commissioner has reason to believe that an
employer has failed to correct a violation for which a citation
has been issued within the period permitted for its correction,
which period shall not begin to run until the entry of a final
order by the board commissioner in case of any review
proceedings under this section initiated by the employer in good
faith and not solely for delay or avoidance of penalties, the
commissioner shall notify the employer by certified mail of such
failure and of the penalty proposed to be assessed under section
182.666 by reason of such failure, and that the employer has 15
working 20 calendar days within which to notify in writing the
commissioner file a notice of contest and certification of
service, on a form provided by the commissioner, indicating that
the employer wishes to contest the commissioner's notification
or the proposed assessment of penalty. If, within 15 working 20
calendar days from the receipt of penalty notification issued by
the commissioner, the employer fails to notify in writing the
commissioner file the notice of contest indicating that the
employer intends to contest the notification or proposed
assessment of penalty, the penalty notification and assessment,
as proposed, shall be deemed a final order of the board
commissioner and not subject to review by any court or agency.
Sec. 69. Minnesota Statutes 1990, section 182.661,
subdivision 2a, is amended to read:
Subd. 2a. The commissioner may bring an action in district
court for injunctive or other appropriate relief including
monetary damages if the employer fails to comply with a final
order of the board commissioner.
Sec. 70. Minnesota Statutes 1990, section 182.661,
subdivision 3, is amended to read:
Subd. 3. If an employer notifies the commissioner that the
employer intends to contest the citation or the proposed
assessment of penalty or the employee or the authorized employee
representative notifies the commissioner that the employee
intends to contest the time fixed for abatement in the citation
issued under section 182.66, the citation, the type of alleged
violation, the proposed penalty, or notification issued under
subdivisions 1 or 2, the board commissioner shall conduct
resolve the matter by settlement agreement, petition the board
for a decision based on stipulated facts, or refer the matter to
an administrative law judge for a hearing in accordance with the
applicable provisions of chapter 14, for hearings in contested
cases. Where the commissioner refers a matter for a contested
case hearing, the administrative law judge shall make findings
of fact, conclusions of law, and any appropriate orders. The
determinations shall be the final decision of the commissioner
and may be appealed to the board by any party. The rules of
procedure prescribed by the board commissioner shall provide
affected employees or authorized representatives of affected
employees an opportunity to participate as parties to hearings
under this subdivision. Upon receipt of notice of hearing under
this subdivision, the employer shall serve such notice as
required by rule.
Sec. 71. Minnesota Statutes 1990, section 182.661,
subdivision 3a, is amended to read:
Subd. 3a. As prescribed in rules issued by the board
commissioner, each notice of intent to contest the citation,
proposed assessment of penalty, or period of time fixed in the
citation for correction of the violation shall be prominently
posted at or near each place a violation referred to in the
citation occurred or served on affected employers, employees,
and authorized employee representatives. If the contesting
employer, employee, or authorized employee representation
representative fails to post or serve the notice of intent to
contest the citation, the proposed assessment of penalty, or the
period of time fixed for correction of the violation within the
time prescribed in rules issued by the board commissioner,
the board administrative law judge may render a default judgment
in favor of the commissioner.
Sec. 72. Minnesota Statutes 1990, section 182.661, is
amended by adding a subdivision to read:
Subd. 3b. [SERVICE OF NOTICES.] The contesting party shall
serve a copy of the notice of contest and notice to employees,
on forms provided by the commissioner, upon unrepresented
affected employees and authorized employee representatives on or
before the date the notice of contest is filed with the
commissioner. For purposes of this section, a document is
considered filed upon receipt by the commissioner.
Sec. 73. Minnesota Statutes 1990, section 182.661, is
amended by adding a subdivision to read:
Subd. 5. [SETTLEMENT.] Where the parties resolve a
contested matter by settlement agreement, the contesting party
shall serve a copy of the agreement upon affected employees and
authorized employee representatives. Affected employees and
authorized employee representatives may file, with the
commissioner, an objection to the settlement agreement. The
objections must be filed within ten calendar days after service
of the agreement. Upon receipt of an objection to a settlement
agreement, the commissioner may refer the agreement to the
office of administrative hearings for assignment to an
administrative law judge who shall give consideration to the
objection before approving or disapproving the agreement. If no
timely objection is made, the settlement agreement becomes a
final order of the commissioner.
Sec. 74. Minnesota Statutes 1990, section 182.661, is
amended by adding a subdivision to read:
Subd. 6. [COMPLAINT AND ANSWER.] The commissioner shall
serve a complaint on all parties no later than 90 calendar days
after receiving a notice of contest. The contesting party shall
serve an answer on all the parties within 20 calendar days after
service of the complaint.
Sec. 75. Minnesota Statutes 1990, section 182.664,
subdivision 3, is amended to read:
Subd. 3. The review board or its appointed administrative
law judges may hold hearings at places of convenience to the
parties concerned shall review and decide appeals from final
decisions and orders of the commissioner, including decisions
issued by administrative law judges, petitions to vacate final
orders of the commissioner, and with the agreement of the
parties, may review and decide petitions for decisions based on
stipulated facts. The powers of the board in the conduct of
hearings, including the power to administer oaths and subpoena
persons sign decisions and orders, may be exercised on its
behalf by delegated to a member, members, or an administrative
law judge appointed by the board chair. The board
may administer oaths and subpoena persons, including parties, as
witnesses and may compel them to produce documentary evidence
for hearings schedule a hearing for purposes of taking oral
argument. A notice stating the time and place of the hearing
must be given ten days in advance of such a hearing to the
parties and copies of the notice of such hearing shall be posted
served by the employer at such places as rules of the board
shall require. The hearings shall be open to the public and the
records of hearings board's decisions and orders shall be
maintained and available for examination. The hearing shall be
conducted in compliance with rules contained in chapter 14. The
rules of the board shall provide affected employers, employees
or their representatives an opportunity to participate as
parties provided they file notice at least five days before the
start of the hearing.
Sec. 76. Minnesota Statutes 1990, section 182.664,
subdivision 5, is amended to read:
Subd. 5. For the purpose of carrying out its functions
under this chapter, two members of the board shall constitute a
quorum and official action can be taken only on the affirmative
vote of at least two members. The findings decisions and
decision orders of an administrative law judge, or final orders
of the commissioner, may be appealed to the review board by the
employer, employee, or their authorized representatives or any
party, within 30 days following publication service by mail of
the administrative law judge's findings decision and decision
order, or final order of the commissioner. The review board
shall have authority to revise, confirm, or reverse the findings
decision and decision order of administrative law judges, or to
vacate and remand final orders of the commissioner. The board
shall only vacate a final order of the commissioner upon a
showing of good cause. For purposes of this section, good cause
is limited to fraud, mistake of fact or law, or newly discovered
evidence.
Sec. 77. Minnesota Statutes 1990, section 182.666,
subdivision 1, is amended to read:
Subdivision 1. Any employer who willfully or repeatedly
violates the requirements of section 182.653, or any standard,
rule, or order promulgated adopted under the authority of the
commissioner as provided in this chapter, may be assessed a fine
not to exceed $20,000 $70,000 for each violation. The minimum
fine for a willful violation is $5,000.
Sec. 78. Minnesota Statutes 1990, section 182.666,
subdivision 2, is amended to read:
Subd. 2. Any employer who has received a citation for a
serious violation of its duties under section 182.653, or any
standard, rule, or order promulgated adopted under the authority
of the commissioner as provided in this chapter, shall be
assessed a fine not to exceed $2,000 $7,000 for each such
violation. If such the violation causes or contributes to the
cause of the death of an employee, the employer shall be
assessed a fine of up to $10,000.
Sec. 79. Minnesota Statutes 1990, section 182.666,
subdivision 3, is amended to read:
Subd. 3. Any employer who has received a citation for a
violation of its duties under section 182.653, subdivisions 2 to
4, where such the violation is specifically determined not to be
of a serious nature as provided in section 182.651, subdivision
12, may be assessed a fine of up to $2,000 $7,000 for each such
violation.
Sec. 80. Minnesota Statutes 1990, section 182.666,
subdivision 4, is amended to read:
Subd. 4. Any employer who fails to correct a violation for
which a citation has been issued under section 182.66 within the
period permitted for its correction, which period shall not
begin to run until the date of the final order of the board
commissioner in the case of any review proceedings under this
chapter initiated by the employer in good faith and not solely
for delay or avoidance of penalties, may be assessed a fine of
not more than $2,000 $7,000 for each day during which such the
failure or violation continues.
Sec. 81. Minnesota Statutes 1990, section 182.666,
subdivision 5, is amended to read:
Subd. 5. Any employer who violates any of the posting
requirements, as prescribed under this chapter, except those
prescribed under section 182.661, subdivision 3a, shall be
assessed a fine of up to $2,000 $7,000 for each violation.
Sec. 82. Minnesota Statutes 1990, section 182.666,
subdivision 5a, is amended to read:
Subd. 5a. Any employer who knowingly violates section
182.6575 shall be assessed a fine of up to $2,000 $7,000 for
each violation. The employer shall also be liable to each
aggrieved employee for civil punitive damages of $400.
Sec. 83. Minnesota Statutes 1990, section 182.669,
subdivision 1, is amended to read:
Subdivision 1. Any employee believed to have been
discharged or otherwise discriminated against by any person
because such employee has exercised any right authorized under
the provisions of sections 182.65 to 182.674, may, within 30
days after such alleged discrimination occurs, file a complaint
with the commissioner alleging the discriminatory act. Upon
receipt of such complaint, the commissioner shall cause such
investigation to be made as the commissioner deems appropriate.
If upon such investigation the commissioner determines that a
discriminatory act was committed against an employee, the
commissioner shall refer the matter to the office of
administrative hearings for a hearing before an administrative
law judge pursuant to the provisions of chapter 14. For
purposes of this section, the commissioner shall file with the
administrative law judge and serve upon the respondent, by
registered or certified mail, a complaint and written notice of
hearing. The respondent shall file with the administrative law
judge and serve upon the commissioner, by registered or
certified mail, an answer within 20 days after service of the
complaint. In all cases where the administrative law judge
finds that an employee has been discharged or otherwise
discriminated against by any person because the employee has
exercised any right authorized under sections 182.65 to 182.674,
the administrative law judge may order payment to the employee
of back pay and compensatory damages. The administrative law
judge may also order rehiring of the employee; reinstatement of
the employee's former position, fringe benefits, and seniority
rights; and other appropriate relief. In addition, the
administrative law judge may order payment to the commissioner
or to the employee of costs, disbursements, witness fees, and
attorney fees. Interest shall accrue on, and be added to, the
unpaid balance of an administrative law judge's order from the
date the order is signed by the administrative law judge until
it is paid, at the annual rate provided in section 549.09,
subdivision 1, paragraph (c). An employee may bring a private
action in the district court for relief under this section.
Sec. 84. Minnesota Statutes 1990, section 184.28,
subdivision 2, is amended to read:
Subd. 2. The department shall hold such examinations at
such times and places as it shall determine. An examination fee
of $10 $20 shall be paid by each applicant in addition to the
license fee, which examination fee shall be retained by the
department whether or not the applicant passes the examination.
The examination fee shall be forfeited if the applicant does not
take the examination within six months of the application date.
The examination fee of $10 $20 shall cover the costs of
preparing and printing the examinations and the cost of giving
each person taking the examination a copy of the latest rules.
Rules shall be kept on the premises readily available to the
counselor, manager, or agent.
Sec. 85. Minnesota Statutes 1990, section 184.29, is
amended to read:
184.29 [FEES.]
Before a license is granted to an applicant, the applicant
shall pay the following fee:
(a) An employment agent shall pay an annual license fee of
$200 $250 for each license.
(b) A search firm exempt under section 184.22, subdivision
2, shall pay an annual registration fee of $200 $250,
accompanying the annual statement to the commissioner.
(c) An applicant for a counselor's license shall pay a
license fee of $10 $20 and a renewal fee of $5 $10.
(d) An applicant for an employment agency manager's license
shall pay a license fee of $10 $20 and a renewal fee of $5 $10.
Sec. 86. Minnesota Statutes 1990, section 184A.09, is
amended to read:
184A.09 [LICENSE FEES.]
Before a license shall be granted to an applicant, the
applicant shall pay a filing fee of $25 and a license fee of
$200 $250.
An application for consent to transfer or assign a license
shall be accompanied by a $25 filing fee.
Sec. 87. Minnesota Statutes 1990, section 239.78, is
amended to read:
239.78 [INSPECTION FEES.]
An inspection fee shall be charged on petroleum products
when received by the distributor, and on petroleum products
received and held for sale or use by any person when the
petroleum products have not previously been received by a
licensed distributor. The department shall adjust the
inspection fee to recover the amount amounts appropriated for
petroleum product quality inspection expenses and the amount
appropriated, for the inspection and testing of petroleum
product measuring devices as required by this chapter, and for
petroleum supply monitoring under chapter 216C. The department
shall review and adjust the inspection fee as required by
section 16A.128, except the review of the fee shall occur
annually on or before January 1.
The commissioner of revenue shall credit the distributor
for inspection fees previously paid in error or for any material
exported or sold for export from the state upon filing of a
report in a manner approved by the department. The commissioner
of revenue is authorized to collect the inspection fees along
with any taxes due under chapter 296.
Sec. 88. Minnesota Statutes 1990, section 240.02,
subdivision 2, is amended to read:
Subd. 2. [QUALIFICATIONS.] A member of the commission,
other than the commissioner, must have been a resident of
Minnesota for at least five years before appointment, and must
have a background and experience as would qualify for membership
on the commission. A member must, before taking a place on the
commission, file a bond in the principal sum of $100,000 payable
to the state, conditioned upon the faithful performance of
duties. No commissioner, nor any member of the commissioner's
immediate family residing in the same household, may hold a
license issued by the commission or have a direct or indirect
financial interest in a corporation, partnership, or association
which holds a license issued by the commission.
Sec. 89. Minnesota Statutes 1990, section 240.02,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSION.] A Minnesota racing commission
is established within the division of pari-mutuel racing with
the powers and duties specified in this section. Until the
effective date of the first vacancy on the commission that
occurs after the effective date of Laws 1989, chapter 334,
including a vacancy caused by the expiration of a term, The
commission consists of nine members appointed by the governor
with the advice and consent of the senate and the commissioner
of gaming as a nonvoting member. After the date of the first
vacancy, the commission consists of eight members appointed by
the governor with the advice and consent of the senate, plus the
commissioner as a voting member. Not more than five of the
members may belong to the same political party. The governor
shall designate the chair of the commission. Appointments by
the governor are for terms of six years. An appointment to fill
a vacancy in an unexpired term is for the remainder of the term
and is with the advice and consent of the senate.
Sec. 90. Minnesota Statutes 1990, section 240.02,
subdivision 3, is amended to read:
Subd. 3. [COMPENSATION.] The compensation of commission
members is $35 per for each day spent on commission activities,
when authorized by the commission, shall be the same as
compensation provided for other members of boards and
commissions under section 15.0575, subdivision 3, plus expenses
in the same manner and amount as provided in the commissioner's
plan adopted according to section 43A.18, subdivision 2.
Sec. 91. Minnesota Statutes 1990, section 240.06,
subdivision 8, is amended to read:
Subd. 8. [WORK AREAS.] A class A licensee must provide at
no cost to the division commission suitable work areas for
commission members, officers, employees, and agents, including
agents of the division of gambling enforcement, who are directed
or requested by the commission to supervise and control racing
at the licensed racetrack.
Sec. 92. Minnesota Statutes 1990, section 240.155, is
amended to read:
240.155 [REIMBURSEMENT ACCOUNT ACCOUNTS AND PROCEDURES.]
Subdivision 1. [REIMBURSEMENT ACCOUNT CREDIT.] Money
received by the commission as reimbursement for the costs of
services provided by assistant veterinarians and stewards must
be deposited in the state treasury and credited to a racing
commission reimbursement account, except as provided under
subdivision 2. Receipts are appropriated to the commission to
pay the costs of providing the services.
Subd. 2. [GENERAL FUND CREDIT.] Money received by the
commission as reimbursement for the compensation of a steward
who is an employee of the commission for which a general fund
appropriation has been made must be credited to the general fund.
Sec. 93. Minnesota Statutes 1990, section 240.28, is
amended to read:
240.28 [CONFLICT OF INTEREST.]
Subdivision 1. [FINANCIAL INTEREST.] No person may serve
on or be employed by the commission or be employed by the
division who has an interest in any corporation, association, or
partnership which holds a license from the commission or which
holds a contract to supply goods or services to a licensee or at
a licensed racetrack, including concessions contracts. No
member or employee of the commission or employee of the division
may own, wholly or in part, or have an interest in a horse which
races at a licensed racetrack in Minnesota. No member or
employee of the commission or employee of the division may have
a financial interest in or be employed in a profession or
business which conflicts with the performance of duties as a
member or employee.
Subd. 2. [BETTING.] No member or employee of the
commission or employee of the division may bet or cause a bet to
be made on a race at a licensed racetrack while serving on or
being employed by the commission or being employed by the
division. No person appointed or approved by the director as a
steward may bet or cause a bet to be made at a licensed
racetrack during a racing meeting at which the person is serving
as a steward. The commission shall by rule prescribe such
restrictions on betting by its licensees as it deems necessary
to protect the integrity of racing.
Subd. 3. [VIOLATION.] A violation of subdivisions 1 and 2
is grounds for removal from the commission or termination of
employment. A bet made directly or indirectly by a licensee in
violation of a rule made by the commission under subdivision 2
is grounds for suspension or revocation of the license.
Sec. 94. Minnesota Statutes 1990, section 297B.09,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL FUND SHARE.] (a) Money collected
and received under this chapter must be deposited in the state
treasury and credited to the general fund. The amounts
collected and received shall be credited as provided in this
subdivision, and transferred from the general fund on July 15
and January February 15 of each fiscal year. The commissioner
of finance must make each transfer based upon the actual
receipts of the preceding six calendar months and include the
interest earned during that six-month period. The commissioner
of finance may establish a quarterly or other schedule providing
for more frequent payments to the transit assistance fund if the
commissioner determines it is necessary or desirable to provide
for the cash flow needs of the recipients of money from the
transit assistance fund.
(b) Twenty-five Ten and sixty-seven hundredths percent of
the money collected and received under this chapter after June
30, 1990, and before July 1, 1991, 1993 must be transferred to
the highway user tax distribution trunk highway fund and the
transit assistance fund for apportionment as follows: 75
percent must be transferred to the highway user tax distribution
trunk highway fund for apportionment in the same manner and for
the same purposes as other money in that fund, and the remaining
25 percent of the money must be transferred to the transit
assistance fund to be appropriated to the commissioner of
transportation for transit assistance within the state and to
the regional transit board.*
* (The governor vetoed the changes marked in paragraph (b)
.)
(c) Five percent of the money collected and received under
this chapter after June 30, 1989, and before July 1, 1991, must
be transferred as follows: 75 percent must be transferred to
the trunk highway fund and 25 percent must be transferred to the
transit assistance fund.
(d) Thirty percent of the money collected and received
under this chapter after June 30, 1991, must be transferred as
follows: 75 percent must be transferred to the trunk highway
fund and 25 percent must be transferred to the transit
assistance fund.
(e) The distributions under this subdivision to the highway
user tax distribution fund until June 30, 1991, and to the trunk
highway fund thereafter, must be reduced by the amount necessary
to fund the appropriation under section 41A.09, subdivision 1.
For the fiscal years ending June 30, 1988, and June 30, 1989,
the commissioner of finance, before making the transfers
required on July 15 and January February 15 of each year, shall
estimate the amount required to fund the appropriation under
section 41A.09, subdivision 1, for the six-month period for
which the transfer is being made. The commissioner shall then
reduce the amount transferred to the highway user tax
distribution trunk highway fund by the amount of that estimate.
The commissioner shall reduce the estimate for any six-month
period by the amount by which the estimate for the previous
six-month period exceeded the amount needed to fund the
appropriation under section 41A.09, subdivision 1, for that
previous six-month period. If at any time during a six-month
period in those fiscal years the amount of reduction in the
transfer to the highway user tax distribution trunk highway fund
is insufficient to fund the appropriation under section 41A.09,
subdivision 1 for that period, the commissioner shall transfer
to the general fund from the highway user tax distribution trunk
highway fund an additional amount sufficient to fund the
appropriation for that period, but the additional amount so
transferred to the general fund in a six-month period may not
exceed the amount transferred to the highway user tax
distribution trunk highway fund for that six-month period.*
* (The governor vetoed the changes marked in paragraph (e).)
Sec. 95. Minnesota Statutes 1990, section 299F.57,
subdivision 1a, is amended to read:
Subd. 1a. [ADOPTION OF FEDERAL STANDARDS.] The federal
safety standards adopted as Code of Federal Regulations, title
49, parts 191, 192, and 193, and 199, and standards that may be
adopted that amend parts 191, 192, and 193, and 199, are adopted
as minimum safety standards.
Sec. 96. Minnesota Statutes 1990, section 299F.641,
subdivision 2, is amended to read:
Subd. 2. [FEDERAL STANDARDS ADOPTED.] The federal safety
standards adopted as Code of Federal Regulations, title 49, part
parts 195 and 199, and standards that may be adopted that
amend part parts 195 and 199, are adopted as minimum safety
standards. The commissioner may by rule adopt additional or
more stringent safety standards for intrastate hazardous liquid
pipeline facilities and the transportation of hazardous liquids
associated with those facilities, if the state standards are
compatible with the federal standards. The standards may not
prescribe the location or routing of a pipeline facility.
Sec. 97. Minnesota Statutes 1990, section 299K.07, is
amended to read:
299K.07 [NOTIFICATION TO EMERGENCY RESPONSE MANAGEMENT
CENTER.]
(a) The notification of the commission required under the
federal act shall be made to the state emergency response
management center. The owner or operator of a facility shall
immediately notify the state emergency response management
center of the release of a reportable quantity of the following
materials:
(1) a hazardous substance on the list established under
United States Code, title 42, section 9602; or
(2) an extremely hazardous substance on the list
established under United States Code, title 42, section 11002.
(b) This section does not apply to a release that results
in exposure to persons solely within the site or sites on which
a facility is located or to a release specifically authorized by
state law.
(c) A person who is required to report to or notify a state
agency of a discharge, release, or incident under section
221.034, chapter 18B, 18C, 18D, 115, 115A, 115B, 115C, 115D,
116, 299J, or 299K, or any other statute, administrative rule or
federal rule may satisfy the requirement to report by notifying
the emergency management center established in this section.
The commissioner of the department of public safety shall ensure
that the center is staffed with adequate personnel to answer all
calls 24 hours a day and that those staff are adequately trained
to efficiently notify all appropriate state and federal agencies
with jurisdiction over the discharge or release, and provide
emergency responder information. No state agency may adopt a
rule or guideline that requires a person who notifies the
emergency management center to also notify that agency. The
commissioner of each affected state agency shall include the
telephone number of the emergency management center in all
files, permits, correspondence, educational publications, and
other communications with the public and other persons, and
shall designate personnel to coordinate receipt of reports or
notifications with emergency management center personnel.
Sec. 98. Minnesota Statutes 1990, section 299K.09,
subdivision 2, is amended to read:
Subd. 2. [FEE STRUCTURE.] The fee established under
subdivision 1 may not exceed, in the aggregate, the amount
necessary to cover the costs for all data management, including
administration of fees, by the commission and regional review
committees, and a portion of the costs of operation of the
emergency management center.
Sec. 99. Minnesota Statutes 1990, section 336.9-413, is
amended to read:
336.9-413 [UNIFORM COMMERCIAL CODE ACCOUNT.]
(a) The uniform commercial code account is established as
an account in the state treasury.
(b) The filing officer with whom a financing statement,
amendment, assignment, statement of release, or continuation
statement is filed, or to whom a request for search is made,
shall collect a $3 $4 surcharge on each filing or search. By
the 15th day following the end of each fiscal quarter, each
county recorder shall forward the receipts from the surcharge
accumulated during that fiscal quarter to the secretary of
state. The surcharge does not apply to a search request made by
a natural person who is the subject of the data to be searched
except when a certificate is requested as a part of the search.
(c) The surcharge amounts received from county recorders
and the surcharge amounts collected by the secretary of state's
office must be deposited in the state treasury and credited to
the general fund.
(d) Fees that are not expressly set by statute but are
charged by the secretary of state to offset the costs of
providing a service under sections 336.9-411 to 336.9-413 must
be deposited in the state treasury and credited to the uniform
commercial code account.
(e) Fees that are not expressly set by statute but are
charged by the secretary of state to offset the costs of
providing information contained in the computerized records
maintained by the secretary of state must be deposited in the
state treasury and credited to the uniform commercial code
account.
(f) Money in the uniform commercial code account is
continuously appropriated to the secretary of state to implement
and maintain the computerized uniform commercial code filing
system under section 336.9-411 and to provide
electronic-view-only access to other computerized records
maintained by the secretary of state.
Sec. 100. Minnesota Statutes 1990, section 349.12,
subdivision 10, is amended to read:
Subd. 10. [DIRECTOR.] "Director" is the director of
the division of gambling control board.
Sec. 101. Minnesota Statutes 1990, section 349.151,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] (a) Until July 1, the board
consists of six members appointed by the governor with the
advice and consent of the senate and the commissioner of gaming
as a voting member. Of the members first appointed, one is for
a term expiring June 30, 1990, two are for a term expiring June
30, 1991, two are for a term expiring June 30, 1992, and one is
for a term expiring June 30, 1993.
(b) On and after July 1, 1991, the board consists of seven
members, as follows: (1) those members appointed by the
governor before July 1, 1991, whose terms expire June 30, 1992,
June 30, 1993, and June 30, 1994; (2) one member appointed by
the governor for a term expiring June 30, 1994; (3) one member
appointed by the commissioner of public safety for a term
expiring June 30, 1995; and (4) one member appointed by the
attorney general for a term expiring June 30, 1995.
(c) All appointments under this subdivision are with the
advice and consent of the senate.
(d) After expiration of the initial terms, appointments are
for four years.
(e) The board shall select one of its members, other than
the commissioner, to serve as chair. No more than three members
appointed by the governor under this subdivision may belong to
the same political party.
Sec. 102. Minnesota Statutes 1990, section 349A.01,
subdivision 5, is amended to read:
Subd. 5. [DIRECTOR.] "Director" is the director of the
state lottery division.
Sec. 103. Minnesota Statutes 1990, section 349A.01,
subdivision 9, is amended to read:
Subd. 9. [LOTTERY.] "Lottery" is the state lottery
operated by the state lottery division of the department.
Sec. 104. Minnesota Statutes 1990, section 349A.02,
subdivision 1, is amended to read:
Subdivision 1. [DIRECTOR.] A state lottery division is
established in the department of gaming, under the supervision
and control of the director of the state lottery appointed by
the governor with the advice and consent of the senate. The
governor shall appoint the first director from a list of at
least three persons recommended to the governor by the
governor's commission on the lottery which was appointed by the
governor on December 8, 1988. The director must be qualified by
experience and training to supervise the lottery. The director
serves in the unclassified service.
Sec. 105. Minnesota Statutes 1990, section 349A.03,
subdivision 1, is amended to read:
Subdivision 1. [BOARD CREATED.] There is created within
the division a state lottery board. The board consists of six
seven members appointed by the governor plus the commissioner as
a voting member. Not more than three four of the
members appointed by the governor under this subdivision may
belong to the same political party and at least three members
must reside outside the seven-county metropolitan area. The
terms of office, removal from office, and compensation of
members of the board, other than the commissioner, are as
provided in section 15.059 except the board does not expire as
provided under section 15.059, subdivision 5. The members of
the board shall select the chair of the board, who shall not be
the commissioner.
Sec. 106. Minnesota Statutes 1990, section 349A.10,
subdivision 5, is amended to read:
Subd. 5. [DEPOSIT OF NET PROCEEDS.] Within 30 days after
the end of each month, the director shall deposit in the state
treasury the net proceeds of the lottery, which is the balance
in the lottery fund after transfers to the lottery prize fund
and credits to the lottery operations account. Of the net
proceeds, 40 percent must be credited to the Minnesota
environment and natural resources trust fund, 28.3 percent must
be credited to the infrastructure development fund for capital
improvement projects at state institutions of higher education,
6.7 percent must be credited to the infrastructure development
fund for capital improvement projects to develop or protect the
state's environment and natural resources, and, through the
first ten full fiscal years during which proceeds from the
lottery are received, 25 percent must be credited to the Greater
Minnesota account in the special revenue fund and the remainder
must be credited to the general fund.
Sec. 107. Minnesota Statutes 1990, section 626.861,
subdivision 1, is amended to read:
Subdivision 1. [LEVY OF ASSESSMENT.] There is levied a
penalty assessment of ten 12 percent on each fine imposed and
collected by the courts of this state for traffic offenses in
violation of chapters 168 to 173 or equivalent local ordinances,
other than a fine or forfeiture for a violation of a local
ordinance or other law relating to the parking of a vehicle. In
cases where the defendant is convicted but a fine is not
imposed, or execution of the fine is stayed, the court shall
impose a penalty assessment of not less than $5 nor more than
$10 when the conviction is for a misdemeanor or petty
misdemeanor, and shall impose a penalty assessment of not less
than $10 but not more than $50 when the conviction is for a
gross misdemeanor or felony. Where multiple offenses are
involved, the penalty assessment shall be assessed separately on
each offense for which the defendant is sentenced. If
imposition or execution of sentence is stayed for all of the
multiple offenses, the penalty assessment shall be based upon
the most serious offense of which the defendant was convicted.
Where the court suspends a portion of a fine, the suspended
portion shall not be counted in determining the amount of the
penalty assessment unless the offender is ordered to pay the
suspended portion of the fine. Suspension of an entire fine
shall be treated as a stay of execution for purposes of
computing the amount of the penalty assessment.
Sec. 108. Minnesota Statutes 1990, section 626.861,
subdivision 4, is amended to read:
Subd. 4. [PEACE OFFICERS TRAINING ACCOUNT.] Receipts from
penalty assessments must be credited to the general fund. The
peace officers standards and training board may allocate from
funds appropriated as follows:
(a) Up to 30 percent may be provided for reimbursement to
board approved skills courses.
(b) Up to 15 percent may be used for the school of law
enforcement.
(c) The balance may be used to pay each local unit of
government an amount in proportion to the number of licensed
peace officers and constables employed, at a rate to be
determined by the board. The disbursed amount must be used
exclusively for reimbursement of the cost of in-service training
required under this chapter and chapter 214.
Sec. 109. [REVISOR INSTRUCTIONS.]
Subdivision 1. The revisor shall change the following
terms in Minnesota Statutes and Minnesota Rules to reflect the
intent of this act to abolish the department of gaming and the
divisions within it:
(1) "division" or similar term to "commission" or similar
term wherever it appears in reference to the Minnesota racing
commission;
(2) "division" or similar term to "board" or similar term
in reference to the gambling control board; and
(3) "division" or similar term to "lottery" or similar term
in reference to the state lottery board.
Subd. 2. In the next edition of Minnesota Statutes, the
revisor of statutes shall delete the term "division" where it
appears:
(1) in Minnesota Statutes, sections 349.153; 349.163,
subdivision 4; 349.167, subdivision 4; 349.169, subdivision 2;
and 349.18, subdivision 1, and insert the term "board"; and
(2) in Minnesota Statutes, sections 349A.02, subdivisions
4, 5, 6, and 8; 349A.06, subdivisions 2 and 5; 349A.08,
subdivision 7; 349A.10, subdivisions 3 and 4; 349A.11; and
349A.12, and insert the term "lottery".
Sec. 110. [REPEALER.]
(a) Laws 1989, chapter 322, section 7, is repealed.
(b) Minnesota Statutes 1990, section 182.664, subdivision
2, is repealed.
(c) Minnesota Statutes 1990, sections 240.01, subdivision
15; 349.12, subdivision 12; 349A.01, subdivisions 3, 4, and 6;
and 349B.01, are repealed.
Sec. 111. [EFFECTIVE DATE.]
(a) Sections 33 and 110, paragraph (a), are effective the
day following final enactment.
(b) Sections 63; 64; 65; 66; 67; 68; 69; 70; 71; 72; 73;
74; 75; 76; 77; 78; 79; 80; 81; 82; 83; and 110, paragraph (b),
are effective August 1, 1991.
(c) Sections 43 and 44 are effective July 1, 1992.
(d) All other provisions of this article are effective July
1, 1991.
Presented to the governor May 31, 1991
Signed by the governor June 4, 1991, 9:03 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes