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1983 Minnesota Session Laws

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                         Laws of Minnesota 1983 

                        CHAPTER 293--S.F.No. 1233
           An act relating to the organization and operation of 
          state government; appropriating money for the 
          department of transportation and for other agencies 
          with certain conditions; fixing and limiting fees; 
          providing for the promotion of Minnesota agricultural 
          products; regulating commerce in seeds; establishing a 
          seed laboratory; providing for adjustments of 
          responsibilities of the department of agriculture for 
          soil and water conservation; allowing limited donation 
          of accumulated vacation time by certain law 
          enforcement employees to their union representative; 
          providing for deposit of proceeds of assessment by the 
          assigned risk review board; regulating financial 
          assistance to public transit systems; limiting certain 
          hearing functions of the transportation regulation 
          board; transferring certain rules authority to the 
          transportation regulation board; defining enforcement 
          powers of the hazardous material specialists and 
          transportation representatives of the department of 
          transportation; defining terms and requirements for 
          building movers; crediting certain receipts of the 
          commissioner of transportation to the trunk highway 
          fund; providing for certain costs to be paid from the 
          trunk highway fund; authorizing the commissioner of 
          transportation to enforce certain carrier regulations; 
          establishing the position of executive director of the 
          Minnesota humane society; extending retirement 
          coverage of certain employees of the department of 
          transportation from age 60 to age 62 and providing for 
          disability benefits; transferring and renaming the air 
          transportation revolving account; instructing the 
          commissioner of transportation to charge users of 
          certain air transportation services for certain costs; 
          limiting fare increases by the metropolitan transit 
          commission; basing taxing for the metropolitan transit 
          taxing district upon the level of transit service 
          provided; providing for the disposition of proceeds of 
          certain trunk highway bonds; reducing the amount 
          appropriated from the bridge construction account in 
          the trunk highway fund to the department of 
          transportation; establishing a temporary legislative 
          study commission on metropolitan transit; providing 
          for a capital improvement account in the trunk highway 
          fund as the deposit account for proceeds from certain 
          trunk highway bonds to be further transferred to the 
          department of transportation for certain purposes; 
          imposing penalties; amending Minnesota Statutes 1982, 
          sections 12.14; 15.059, subdivision 5; 17.101; 17A.04, 
          subdivision 5; 18.51, subdivision 2; 18.52, 
          subdivision 5; 18.53; 18.54; 18A.22, subdivisions 5 
          and 7; 18A.26; 27.041, subdivision 2; 28A.08; 28A.09; 
          32.075; 32.59; 34.02; 34.05, subdivision 1; 40.03, 
          subdivision 2, as amended; 41.61, subdivision 1, as 
          amended; 43A.04, by adding a subdivision; 70A.06, by 
          adding a subdivision; 79.251, subdivision 1; 155A.07, 
          subdivision 7; 155A.08, subdivision 5; 169.81, 
          subdivision 3b; 169.86, subdivision 5; 169.862; 
          170.23; 171.26; 171.29, subdivision 2; 173.07, 
          subdivision 2; 173.08, subdivision 1; 173.13, 
          subdivision 4; 174.24, subdivision 3; 174A.02, 
          subdivision 2; 174A.06; 221.061; 221.071; 221.131; 
          221.221; 221.296, subdivision 5; 221.64; 221.81; 
          296.17, subdivisions 10, 17, and 20; 296.25, 
          subdivision 1; 299C.37, subdivision 3; 299C.46, 
          subdivision 3; 343.01, subdivision 3; 352.86, 
          subdivision 1; and by adding a subdivision; 360.018, 
          subdivision 1; 360.63; 473.408, subdivision 3, and by 
          adding a subdivision; 473.436, by adding a 
          subdivision; 473.446, subdivision 1, as amended; 
          500.221, subdivision 4; 626.553, subdivision 2; 
          626.88, subdivisions 2 and 3; Laws 1975, chapter 235, 
          section 2; Laws 1977, chapter 277, sections 1 and 3, 
          subdivision 1; and Laws 1983, chapter 17, section 12; 
          proposing new law coded in Minnesota Statutes, 
          chapters 10A; 21; 221; and 360; repealing Minnesota 
          Statutes 1982, sections 21.47; 21.48; 21.49; 21.50; 
          21.502; 21.503; 21.51; 21.52; 21.53; 21.54; 21.55; 
          21.56; 21.57; 21.58; 24.24; 24.25; 24.26; 24.27; 24.28;
          24.29; 24.30; 24.31; 160.26, subdivision 3; 174A.07; 
          299C.37, subdivision 4; 326.54; 326.541; 326.542; 
          326.543; 326.544; 326.545; 326.546; and 326.547. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [TRANSPORTATION AND OTHER AGENCIES; 
APPROPRIATIONS.] The sums set forth in the columns designated 
"APPROPRIATIONS" are appropriated from the general fund, or any 
other fund designated, to the agencies and for the purposes 
specified in the following sections of this act, to be available 
for the fiscal years indicated for each purpose.  The figures 
"1983," "1984," and "1985," wherever used in this act, mean that 
the appropriation or appropriations listed thereunder are 
available for the year ending June 30, 1983, June 30, 1984, or 
June 30, 1985, respectively.  

                            SUMMARY BY FUND 
           1983              1984         1985         TOTAL   
General     $10,000     $82,717,500  $80,685,200   $163,412,700
Special                     335,500      372,700        708,200
Airports                  9,356,900   10,335,400     19,712,300
M.S.A.S.                 51,500,000   54,100,000    105,600,000
C.S.A.H.                154,900,000  163,400,000    318,300,000
Tr. Hwy.                603,211,800  598,162,700  1,201,374,500
Hwy. User                 7,618,100    7,477,700     15,095,800
TOTAL      $10,000     $909,639,800 $914,553,700 $1,824,203,500
                                          APPROPRIATIONS
                                       Available for the Year
                                           Ending June 30 
                                          1984         1985
     Sec. 2.  TRANSPORTATION  
     Subdivision 1.  Total Department 
Appropriation                        $798,913,700 $804,853,200
     Approved Complement - 4425 
     General - 16 
     State Airports - 37 
     Trunk Highway - 4371 
     Federal - 1 
 The appropriations in this section are 
from the trunk highway fund, except 
where another fund is designated. 
 Of this appropriation, $24,862,800 the 
first year and $23,933,800 the second 
year is from the general fund; 
$9,311,900 the first year and 
$10,310,400 the second year is from the 
state airports fund; $51,500,000 the 
first year and $54,100,000 the second 
year is from the municipal state aid 
street fund; $154,900,000 the first 
year and $163,400,000 the second year 
is from the county state aid highway 
fund; $558,339,000 the first year and 
$553,109,000 the second year is from 
the trunk highway fund. 
     Subd. 2.  Highway Development    566,923,700  573,418,700
Trunk Highway Development 
      1984           1985 
   $342,824,000  $335,308,700 
 It is estimated that this appropriation 
will be funded as follows:  
Federal Highway Aid 
   $212,500,000  $204,000,000 
Highway User Taxes 
   $ 95,323,700  $ 91,308,700 
Bond Proceeds 
   $ 35,000,000  $ 40,000,000 
 The bond proceeds in this appropriation 
are the same as those appropriated by 
Laws 1977, chapter 277, section 1, and 
Laws 1983, chapter 17, section 12, both 
as amended by this act. 
 The commissioner of transportation 
shall notify the chairman of the senate 
finance committee and chairman of the 
house appropriations committee promptly 
of any events that should cause these 
estimates to change. 
 This appropriation is for the actual 
construction, reconstruction, and 
improvement of trunk highways.  This 
includes the cost of actual payment to 
land owners for lands acquired for 
highway right of way, payment to 
lessees, interest subsidies, and 
relocation expenses.  
County State Aids
   $154,900,000  $163,400,000 
 This appropriation is from the county 
state-aid highway fund and is available 
until expended.  
Municipal State Aids
   $ 51,500,000   $ 54,100,000 
 This appropriation is from the 
municipal state-aid street fund and is 
available until expended.  
 Of the above appropriation, $155,000 
the first year and $163,500 the second 
year shall be allocated to those 
communities where the population fell 
below 5,000 according to the 1980 
federal census. 
 If an appropriation for either county 
state aids or municipal state aids is 
insufficient to exhaust the balance in 
the fund from which it is made in the 
year for which it is made, the 
commissioner of finance, upon request 
of the commissioner of transportation, 
shall notify the committee on finance 
of the senate and the committee on 
appropriations of the house of 
representatives of the amount of the 
remainder and shall then add that 
amount to the appropriation.  The 
amount added is appropriated for the 
purposes of county state aids or 
municipal state aids, as appropriate.  
Highway Debt Service
   $ 17,700,000  $ 20,610,000 
 For transfer to the state bond fund. 
 If this appropriation is insufficient 
to make all transfers required in the 
year for which it is made, the 
commissioner of finance shall notify 
the committee on finance of the senate 
and the committee on appropriations of 
the house of representatives of the 
amount of the deficiency and shall then 
transfer that amount pursuant to the 
statutory open appropriation.  
 Any excess appropriation shall be 
canceled to the trunk highway fund. 
     Subd. 3.  Highway Operations     144,188,200  145,306,300
 The amounts that may be expended from 
this appropriation for each activity 
are as follows:  
Maintenance
   $ 99,572,600  $100,685,400
Maintenance Preservation
   $  7,503,000  $  7,501,000
Construction Support
   $ 37,112,600  $ 37,119,900
     Subd. 4.  Technical Services      28,573,600   28,158,500
 The amounts that may be expended from 
this appropriation for each activity 
are as follows:  
Engineering Services
   $ 18,024,800  $ 17,629,100 
 This appropriation includes $1,400,000 
each year for the purpose of delivery 
of an expanded highway development 
program.  If the appropriation for 
either year is insufficient, the 
appropriation for the other year is 
available for it. 
Engineering Development 
   $  6,890,400  $  6,872,600 
 $75,000 the first year and $75,000 the 
second year is for a transportation 
research contingent account to finance 
research projects that are reimbursable 
from the federal government or from 
other sources.  Expenditures from this 
account are subject to the approval of 
the commissioner of finance.  
Reimbursements shall be deposited in 
the trunk highway fund.  If the 
appropriation for either year is 
insufficient, the appropriation for the 
other year is available for it. 
State Aid Technical Assistance
   $    656,000  $   656,000
 The variance committee shall be 
continued during the biennium ending 
June 30, 1985. 
Electronic Communications
   $  1,796,400  $  1,794,900 
Environmental Services 
   $  1,206,000  $  1,205,900 
For the fiscal biennium ending June 30, 
1985, the commissioner shall spend no 
money to acquire or condemn outdoor 
advertising devices as defined in 
Minnesota Statutes, chapter 173.  
     Subd. 5.  Public 
Transportation Assistance              23,352,600   22,452,600
 The appropriations in this subdivision 
are from the general fund. 
 Any unencumbered balance remaining in 
the first year does not cancel but is 
available for the second year of the 
biennium. 
 The amounts that may be expended from 
these appropriations for each activity 
are as follows:  
(a) Rail Service Improvements
       $400,000      $400,000 
 This appropriation is for the purpose 
of supporting AMTRAK operation of the 
Northstar line between Minneapolis-St. 
Paul and Duluth. 
(b) Metro Mobility 
   $  5,000,000  $  5,000,000 
 The commissioner of transportation 
shall evaluate the financial benefits 
and service consequences of seeking 
competitive bids for the provision of 
services for metro mobility.  If the 
commissioner concludes that competitive 
bidding may reduce the cost of 
providing service, he should pursue the 
use of competitive bidding where 
appropriate during the biennium ending 
June 30, 1985. 
(c) Private Operators 
   $    965,100  $    965,100 
(d) Non-MTC Assistance Statewide 
   $  5,434,200  $  5,434,200 
(e) Metropolitan Transit Commission 
   $ 11,553,300  $ 10,653,300 
 $6,565,800 the first year and 
$5,665,800 the second year is for state 
operating assistance grants. 
Of this appropriation, $200,000 the 
second year is available to the 
metropolitan transit commission only 
upon certification to the commissioner 
of transportation that the additional 
allocation will be used for the purpose 
of reducing the overall peak or 
off-peak fare rates below the level 
existing on June 30, 1983.  This 
restriction shall not prevent the 
metropolitan transit commission from 
certifying to the commissioner the 
necessity of this additional allocation 
in fiscal year 1985 due to reductions 
in the overall peak or off-peak fare 
rates occurring after June 30, 1983 and 
before July 1, 1984.  In the event that 
less than $200,000 is required, the 
commissior shall transfer only the 
amount certified. 
 $4,987,500 the first year and 
$4,987,500 the second year is for 
social fare reimbursement grants. 
 For the fiscal biennium ending June 30, 
1985, the metropolitan transit 
commission may continue the existing 
$.15 surcharge on fares during the peak 
hours.  The metropolitan transit 
commission shall not increase its base 
fare beyond the level existing on June 
30, 1983. 
 During the biennium ending June 30, 
1985, the chairman of the metropolitan 
transit commission may appoint five 
persons in the unclassified service, 
not to exceed any other statutory 
complement limitation. 
     Subd. 6.  Program Management       5,774,200    5,766,500 
 The amounts that may be expended from 
this appropriation for each activity 
are as follows: 
Highway Programs 
   $  1,355,300  $  1,355,300
 Of this amount $175,000 the first year 
and $175,000 the second year is 
available for grants to regional 
development commissions outside the 
seven-county metropolitan area for 
transportation studies to identify 
critical concerns, problems, and issues.
Motor Carrier Safety and Compliance 
   $    902,200  $    869,300 
 This appropriation is from the general 
fund. 
Railroads and Waterways 
   $    749,400  $    749,700 
 $223,100 the first year and $223,300 
the second year is from the general 
fund. 
Transit Administration 
   $    543,400  $    543,400
 $345,300 the first year and $345,300 
the second year is from the general 
fund. 
Transportation Information and 
Support 
   $  2,223,900  $  2,248,800 
     Subd. 7.  General Support         20,851,800   19,500,700 
 The amounts that may be expended from 
this appropriation for each activity 
are as follows:  
Finance and Administration
   $  8,051,500  $  8,054,700 
General Services
   $  3,635,900  $  3,939,000 
 $36,100 the first year and $37,900 the 
second year is from the general fund. 
 $56,200 the first year and $58,600 the 
second year is from the state airports 
fund. 
 If an appropriation in this section for 
data processing development for either 
year is insufficient, the appropriation 
for the other year is available for it. 
Equipment
   $  8,273,400  $  6,566,800 
 If the appropriation for either year is 
insufficient, the appropriation for the 
other year is available for it. 
 $3,500 the first year and $5,400 the 
second year is from the general fund. 
 $6,100 the first year and $1,900 the 
second year is from the state airports 
fund. 
Legal Services
   $    891,000  $    940,200 
 This appropriation is for the purchase 
of legal services from or through the 
attorney general.  
     Subd. 8.  Aeronautics              9,249,600   10,249,900 
 The appropriations in this subdivision 
are from the state airports fund. 
 The amounts that may be expended from 
this appropriation for each activity 
are as follows: 
Aeronautics Operations
   $    439,600  $    447,300 
 During the biennium ending June 30, 
1985, the commissioner shall not 
require the registration of personal 
use airports except for those within 
five miles of a public airport, whether 
privately or publicly owned. 
Aeronautics Development and Assistance
   $  8,479,700  $  9,660,100 
 $971,500 the first year and $1,014,200 
the second year is for navigational 
aids.  
 $5,092,300 the first year and 
$6,269,400 the second year is for 
airport construction grants.  
 $1,400,000 the first year and 
$1,400,000 the second year is for 
airport maintenance grants.  
 If the appropriation for either year 
for navigational aids, airport 
construction grants, or airport 
maintenance grants is insufficient, the 
appropriation for the other year is 
available for it.  These appropriations 
shall be expended only for grant-in-aid 
programs for airports that are not 
state owned. 
 These appropriations are to be expended 
in accordance with Minnesota Statutes, 
section 360.305, subdivision 4, clauses 
(1), (2), (4), and (5).  
 The commissioner of transportation may 
transfer unencumbered balances among 
these appropriations with the approval 
of the governor after consultation with 
the legislative advisory commission.  
 $16,900 the first year and $7,500 the 
second year is for maintenance of the 
Pine Creek Airport. 
Air Transportation Services
   $    330,300  $    142,500
The commissioner of transportation 
shall expend no money for pilot 
uniforms. 
 During the biennium ending June 30, 
1985, the commissioner of 
transportation shall establish the 
position of state air dispatcher. 
     Subd. 9.  Transfers
 The commissioner of transportation with 
the approval of the commissioner of 
finance may transfer unencumbered 
balances among the appropriations from 
the trunk highway fund made in this 
section. No transfer shall be made from 
the appropriation for trunk highway 
development.  No transfer shall be made 
from the appropriations for debt 
service to any other appropriation. 
Transfers shall be reported forthwith 
to the committee on finance of the 
senate and the committee on 
appropriations of the house of 
representatives.  
     Subd. 10.  Contingent Appropriations
 (a) The commissioner of transportation, 
with the approval of the governor after 
consultation with the legislative 
advisory commission, may transfer all 
or part of the unappropriated balance 
in the state airports fund to an 
appropriation for state airports 
purposes in order to meet an emergency 
or to take advantage of an 
unanticipated receipt of income to the 
state airports fund.  The amount 
transferred is appropriated for the 
purpose of the account to which it is 
transferred. 
 (b) The commissioner of transportation, 
with the approval of the governor after 
consultation with the legislative 
advisory commission, may transfer all 
or part of the unappropriated balance 
in the trunk highway fund to an 
appropriation for trunk highway 
purposes in order to meet an emergency 
or to take advantage of an 
unanticipated receipt of income to the 
trunk highway fund.  The amount 
transferred is appropriated for the 
purpose of the account to which it is 
transferred.  
     Sec. 3.  TRANSPORTATION 
REGULATION BOARD                          375,200      375,200
    Approved Complement - 8 
 Four support positions, with their 
incumbents, are transferred from the 
public utilities commission to the 
transportation regulation board.  
 One support position and its incumbent 
are transferred from the department of 
transportation to the transportation 
regulation board. 
 This appropriation is from the trunk 
highway fund. 
     Sec. 4.  PUBLIC SAFETY
     Subdivision 1.  General Operations
     and Management                     68,134,000   68,181,700 
                             1984      1985 
     Approved Complement - 1,631.9   1,630.8 
     General -               385.0     385.0 
     Special -                  .5        .5 
     Trunk Highway -       1,039.3   1,039.3 
     Highway User -          174.6     174.6 
     Federal -                32.5      31.4 
 The above approved complement includes 
511 for state funded unclassified 
patrol officers and supervisors of the 
highway patrol.  
Nothing in this provision is intended 
to limit the authority of the 
commissioner of public safety to 
transfer personnel, with the approval 
of the commissioner of finance, among 
the various units and divisions within 
this section provided that the above 
complement shall be reduced accordingly.
 No new highway patrol supervisory 
positions shall be established, with 
the exception of special duty assigned 
ranks for the length of assignment only.
 The commissioner of public safety, in 
cooperation with the departments of 
revenue and transportation, shall 
submit a report to the legislature 
outlining the costs and benefits of 
establishing ports of entry on 
Minnesota trunk highways.  The study 
shall include, but is not necessarily 
limited to, an evaluation of the 
financial requirements for establishing 
ports of entry, the feasibility of 
ports of entry, the optimum location of 
ports of entry, and the impact ports of 
entry might have on the revenues 
collected for road and street purposes 
in Minnesota.  The report shall be 
submitted to the chairman of the house 
appropriations committee and the 
chairman of the senate finance 
committee by November 1, 1983.  
 Of this appropriation, $17,274,400 the 
first year and $17,281,200 the second 
year is from the general fund; $45,000 
the first year and $45,000 the second 
year is from the state airports fund; 
$43,446,900 for the first year and 
$43,627,800 the second year is from the 
trunk highway fund; and $7,368,100 the 
first year and $7,227,700 the second 
year is from the highway user tax 
distribution fund. 
 The amounts that may be expended from 
this appropriation for each program are 
specified in the following subdivisions 
of this section.  
  Subd. 2.  Administration and Related Services
   $  2,715,000  $  2,739,800
 $2,581,600 the first year and 
$2,603,000 the second year is from the 
trunk highway fund. 
 $133,400 the first year and $136,800 
the second year is from the highway 
user tax distribution fund. 
  Subd. 3.  Emergency Services
   $    878,800  $    784,900
  Subd. 4.  Criminal Apprehension
   $ 10,022,000  $  9,816,600
 The commissioner may use this 
appropriation for the purpose of 
matching private donations for 
conducting research on driver 
impairment. 
Of this appropriation, $1,060,100 the 
first year and $735,000 the second year 
is from the trunk highway fund for 
blood alcohol analysis. 
 $212,700 the first year and $219,100 
the second year is for use by the 
bureau of criminal apprehension for the 
purpose of investigating 
cross-jurisdictional criminal 
activity.  Any unencumbered balance 
remaining in the first year does not 
cancel but is available for the second 
year of the biennium.  
 $59,500 the first year and $59,700 the 
second year is for the bureau of 
criminal apprehension to continue to 
provide in-service training for peace 
officers on a regional basis. 
 $171,000 the first year and $171,000 
the second year is for grants to local 
officials for the cooperative 
investigation of cross-jurisdictional 
criminal activity.  Any unencumbered 
balance remaining in the first year 
does not cancel but is available for 
the second year of the biennium. 
 $38,000 the first year and $38,000 the 
second year is for reimbursing 
political subdivisions for training 
peace officers and firefighters in the 
conduct of arson investigations. 
 Any unliquidated balance of data 
processing development money remaining 
in the first year does not cancel but 
is available for the second year of the 
biennium. 
  Subd. 5.  Fire Safety
   $  1,474,500  $  1,484,300 
 $11,700 the first year and $12,200 the 
second year is for reimbursing 
political subdivisions who enter into 
agreements to perform uniform fire code 
inspections. 
  Subd. 6.  State Patrol
   $ 29,538,800  $ 29,914,800
 Except for $330,600 the first year and 
$345,800 the second year from the 
general fund for executive protection, 
this appropriation is from the trunk 
highway fund. 
 The commissioner may assign up to ll 
pilots to the air patrolling of 
highways.  
 This appropriation provides sufficient 
money to operate the mobile truck 
weighing program on a 12 month basis.  
 No more than five positions in the 
state patrol support activity shall be 
filled by state troopers. 
 The commissioner may not require the 
use of gasohol in the operation of 
state patrol vehicles. 
  Subd. 7.  Capitol Security
   $    728,500  $    722,300 
  Subd. 8.  Driver and Vehicle Licensing
   $ 21,234,600  $ 21,435,000 
 Of this appropriation, $10,459,900 the 
first year and $10,583,700 the second 
year is from the trunk highway fund, 
and $7,090,900 the first year and 
$7,234,700 the second year is from the 
highway user tax distribution fund.  
 $500,000 the first year and $500,000 
the second year is for alcohol 
assessment reimbursements to counties. 
 Any unliquidated balance of data 
processing development money remaining 
in the first year does not cancel but 
is available for the second year of the 
biennium. 
  Subd. 9.  Liquor Licensing 
   $    506,000  $    506,200 
 During the biennium ending June 30, 
1985, the liquor control program shall 
concentrate its activities along the 
border areas of Minnesota. 
  Subd. 10.  Ancillary Services
   $    892,400  $    921,600 
 $137,100 the first year and $137,100 
the second year is from the trunk 
highway fund for traffic safety and 
research. 
 $654,000 the first year and $683,100 
the second year is for the crime 
victims reparations board.  Any 
unencumbered balance remaining the 
first year does not cancel but is 
available for the second year of the 
biennium. 
 $45,000 the first year and $45,000 the 
second year is from the state airports 
fund for the civil air patrol. 
 $56,300 the first year and $56,400 the 
second year is for the expenses of the 
Private Detective and Protective Agency 
Licensing Board. 
  Subd. 11.  Transfers 
 The commissioner of public safety with 
the approval of the commissioner of 
finance may transfer unencumbered 
balances not specified for a particular 
purpose among the above programs within 
funds.  Transfers shall be reported 
forthwith to the committee on finance 
of the senate and the committee on 
appropriations of the house of 
representatives.  
  Subd. 12.  Reimbursements
 (a) The sums of $382,500 for the first 
year and $385,900 for the second year 
are appropriated from the general fund 
for transfer by the commissioner of 
finance to the trunk highway fund on 
January 1, 1984 and January 1, 1985 
respectively, in order to reimburse the 
trunk highway fund for expenses not 
related to the fund.  These represent 
amounts appropriated out of the trunk 
highway fund for general fund purposes 
in the administration and related 
services program.  
 (b) The sums of $384,400 for the first 
year and $411,300 for the second year 
are appropriated from the highway user 
tax distribution fund for transfer by 
the commissioner of finance to the 
general fund on January 1, 1984 and 
January 1, 1985 respectively, in order 
to reimburse the general fund for 
expenses not related to the fund.  
These represent amounts appropriated 
out of the general fund for operation 
of the criminal justice data network 
related to driver and motor vehicle 
licensing. 
 (c) The sums of $333,200 for the first 
year and $329,400 for the second year 
are appropriated from the highway user 
tax distribution fund for transfer by 
the commissioner of finance to the 
trunk highway fund on January 1, 1984 
and January 1, 1985 respectively, in 
order to reimburse the trunk highway 
fund for expenses not related to the 
fund.  These represent amounts 
appropriated out of the trunk highway 
fund for highway user fund purposes in 
the administration and related services 
program. 
     Sec. 5.  AGRICULTURE
General Operations and Management      14,760,600   13,734,700 
   Approved Complement - 453.8 
   General - 222.3 
   Special/Revolving - 216.5 
   Federal - 15 
 Of this appropriation, $14,610,400 the 
first year and $13,556,000 the second 
year is from the general fund; and 
$150,200 the first year and $178,700 
the second year is from the special 
revenue fund. 
 The amounts that may be expended from 
this appropriation for each program are 
as follows:  
Agricultural Protection Service
   $  3,441,200  $  3,461,300 
 Notwithstanding Laws 1981, chapter 356, 
section 23, the commissioner of 
agriculture need transfer from the 
grain inspection account to the general 
fund by June 30, 1983 only the amount 
of the unobligated balance in the 
account not needed to provide working 
capital during the fiscal year ending 
June 30, 1984, as determined by the 
commissioner of finance.  Any amounts 
due under Laws 1981, chapter 356, 
section 23 and not transferred to the 
general fund by June 30, 1983 shall be 
transferred to the general fund by June 
30, 1984.  It is estimated that this 
delay will reduce general fund 
transfers from other funds by $250,000 
for fiscal year 1983. 
 The commissioner of agriculture shall 
not initiate any new weigh stations 
until the recommendations of a select 
committee on livestock weighing have 
been received by the legislature.  The 
committee shall be made up of three 
members of the house agriculture 
committee appointed by the speaker and 
three members of the senate agriculture 
and natural resources committee 
appointed by the subcommittee on 
committees of the committee on rules 
and administration.  The committee 
shall report no later than January 30, 
1984. 
 There is appropriated to the Department 
of Agriculture $10,000 for fiscal year 
1983 for the purpose of implementing a 
gypsy moth control program.  These 
funds are available until expended. 
Agricultural Promotion Service 
   $  5,771,600  $  4,632,000 
 $150,200 the first year and $178,700 
the second year is from the commodities 
research and promotion account in the 
special revenue fund. 
 $500,000 the first year and $500,000 
the second year is for the agriculture 
development grant program to be 
expended in accordance with Minnesota 
Statutes, section 17.101.  The 
commissioner shall submit a work 
program and semi-annual progress 
reports to the chairman of the senate 
finance committee and the chairman of 
the house appropriations committee. 
 For the biennium ending June 30, 1985, 
the commissioner of agriculture may 
provide money to assist in the 
implementation of research and 
promotional orders pursuant to 
Minnesota Statutes, sections 17.51 to 
17.69 from the appropriation provided 
for agriculture development grants.  
This money shall be provided in 
accordance with Minnesota Statutes, 
section 17.101.  
 No more than $15,000 may be spent for 
implementing a barley research and 
promotion order. 
 No more than $30,000 may be spent for 
implementing a corn research and 
promotion order. 
 $1,500,000 the first year is for 
transfer to the special family farm 
security program account created by 
Minnesota Statutes, section 41.61, 
subdivision 1, for the purpose of 
paying lenders for defaulted loans. 
 $2,846,200 the first year and 
$3,164,600 the second year is for 
family farm security interest payment 
adjustments.  If the appropriation for 
either year is insufficient, the 
appropriation for the other year is 
available for it. 
Administration and
Financial Aids Service  
   $  2,512,400  $  2,553,200 
 The appropriation for administration 
and financial aids service includes the 
following amounts for grants to 
agricultural societies and associations:
(a)  For aid to the northeastern 
Minnesota junior livestock show 
association 
   $      1,200  $      1,200 
(b)  For aid to Minnesota 
livestock breeders association 
   $     14,200  $     14,200 
(c)  For aid to northern sheep 
growers associations 
   $      1,000  $      1,000 
(d)  For aid to southern sheep 
growers associations 
   $        400  $        400 
(e)  For Red River valley 
livestock associations 
   $      6,000  $      6,000 
The amount appropriated by clause (e) 
shall be disbursed pursuant to 
provisions of Minnesota Statutes, 
section 38.02. 
(f)  For the Red River Valley 
Dairymen's Association, Inc., for the 
purpose of promoting better dairying 
   $      1,200  $      1,200 
 Clauses (b), (c), (d), (e), and (f) 
shall be expended under provisions of 
Minnesota Statutes, section 17.07. 
(g)  Aid to county and district 
agricultural societies 
   $    260,200  $    257,600 
 Of this amount, $2,600 in fiscal year 
1984 is for reimbursing Morrison County 
for costs incurred in fiscal year 1982; 
 Of the amount appropriated by clause 
(g), $3,800 each year is for livestock 
premiums to county fair associations 
for carrying on boys' and girls' club 
work.  The amount appropriated by 
clause (g) shall be disbursed according 
to Minnesota Statutes, section 38.02. 
 Of the amounts appropriated by clause 
(g), $900 each year shall be available 
for agricultural aid to the Red Lake 
Band of Chippewa Indians, to be 
expended as may be directed by the 
Indian council for the purpose of 
encouraging activities and arts that 
will advance the economic and social 
interest of their people and 
particularly to promote a program of 
agricultural development that will 
utilize to the greatest possible extent 
the lands and forest owned by them.  
This appropriation may be used to help 
maintain an agricultural extension 
service, to promote 4-H club work, or 
for premiums for the competitive 
display of exhibits at any fair or 
exposition that may be arranged under 
the direction of the council. 
(h)  For aid in payment of premiums 
at exhibitions of poultry for the 
poultry associations 
   $      2,800  $      2,800 
 Out of the amounts appropriated by 
clause (h) the amount of $827 shall be 
allotted each fiscal year to aid the 
Minnesota state poultry association in 
the payment of premiums and other 
necessary expenses, exclusive of 
salaries or wages of any kind, at its 
annual exhibition. 
 $8,800 the first year and $9,200 the 
second year is for payment of claims 
relating to livestock damaged by 
endangered animal species. 
 If the appropriation for either year is 
insufficient, the appropriation for the 
other year is available for it. 
 The commissioner of agriculture shall 
submit a report to the chairman of the 
house appropriations committee and the 
chairman of the senate finance 
committee by January 15, 1984 outlining 
the costs and benefits of continuing 
the building lease beyond October 30, 
1984. 
Soil and Water Conservation Board
   $  3,035,400  $  3,088,200 
 $420,700 the first year and $420,700 
the second year is for general purpose 
grants in aid to soil and water 
conservation districts. 
 $99,200 the first year and $152,300 the 
second year is for grants to districts 
for technical assistance, education, 
and demonstrations of conservation 
tillage. 
 $198,500 the first year and $198,500 
the second year is for grants to 
watershed districts and other local 
units of government in the southern 
Minnesota river basin study area 2 for 
flood plain management.  
 $1,541,400 the first year and 
$1,541,400 the second year is for 
grants to soil and water conservation 
districts for cost-sharing contracts 
for erosion control and water quality 
management.  
 $158,700 the first year and $158,700 
the second year is for grants in aid to 
soil and water conservation districts 
and local units of government to assist 
them in solving sediment and erosion 
control problems.  Grants shall not 
exceed 50 percent of total project 
costs or 50 percent of the local share 
if federal money is used.  Priority 
shall be given to projects designed to 
solve lakeshore, stream bank, and 
roadside erosion and to projects 
eligible for federal matching money.  
 $12,400 the first year and $12,400 the 
second year is for grants to soil and 
water conservation districts for review 
and comment on water permits. 
 The commissioner of agriculture with 
the approval of the commissioner of 
finance may transfer unencumbered 
balances not specified for a particular 
purpose among the above programs. 
Transfers shall be reported forthwith 
to the committee on finance of the 
senate and the committee on 
appropriations of the house of 
representatives.  
     Sec. 6.  BOARD OF ANIMAL HEALTH
General Operations and Management       1,237,600    1,198,000
     Approved Complement - 35
 This appropriation includes $40,000 the 
first year and $40,000 the second year 
for payment of indemnities.  If the 
appropriation for indemnities for 
either year is insufficient, the 
appropriation for the other year is 
available for it.  Indemnities of less 
than $1 shall not be paid.  
 For the biennium ending June 30, 1985, 
the board of animal health may request 
additional funding from the legislative 
advisory commission for the purpose of 
implementing the provisions of a bill 
known as H.F. 512, tentatively coded as 
Minnesota Statutes, section 35.255.  
     Sec. 7.  COMMERCE 
General Operations and Management       7,501,900    7,530,300 
     Approved Complement - 220 
     General - 217 
     Special - 3 
 Of this appropriation, $7,316,600 the 
first year and $7,336,300 the second 
year are from the general fund; and 
$185,300 the first year and $194,000 
the second year are from the special 
revenue fund. 
 The amounts that may be expended from 
this appropriation for each program are 
as follows:  
Supervision of State-Chartered Financial
Institutions
   $  2,599,100  $  2,612,000 
 During the biennium ending June 30, 
1985, the commissioner of banks shall 
cooperate with the state treasurer in 
the conduct of audits relating to 
unclaimed property. 
Investment Protection
   $  1,127,600  $  1,135,900 
 $185,300 the first year and $194,000 
the second year is from the real estate 
education, research and recovery 
account in the special revenue fund for 
the purpose of Minnesota Statutes, 
section 82.34, subdivision 6.  If the 
appropriation from the special revenue 
fund for either year is insufficient, 
the appropriation for the other year is 
available for it. 
Consumer Services
   $  1,043,300  $  1,050,600 
Regulation of Insurance Companies
   $  2,042,900  $  2,042,900 
 This appropriation includes $35,000 the 
first year and $35,000 the second year 
for costs associated with the assigned 
risk plan review board. 
 During the biennium ending June 30, 
1985, the commissioner of insurance 
shall cooperate with the state 
treasurer to improve procedures for 
notifying beneficiaries of the death of 
life insurance policyholders. 
General Support
   $    689,000  $    688,900 
The commission with the approval of the 
commissioner of finance may transfer 
unencumbered balances not specified for 
a particular purpose among the above 
programs.  Transfers shall be reported 
forthwith to the committee on finance 
of the senate and the committee on 
appropriations of the house of 
representatives.  
     Sec. 8.  [NON-HEALTH RELATED BOARDS.]
  Subdivision 1.  Total for this 
section                                 2,665,100    2,644,100 
  Subd. 2.  Board of Abstractors            3,800        3,700 
  Subd. 3.  Board of Accountancy          238,500      218,200 
 If the department of administration has 
not approved purchase of a 
microcomputer and related software by 
July 1, 1983, the board of accountancy, 
notwithstanding any other law to the 
contrary, may purchase a microcomputer 
and related software. 
     Approved Complement - 4  
  Subd. 4.  Board of Architecture, 
Engineering and Land Surveying            257,600      256,800 
     Approved Complement - 5  
  Subd. 5.  Board of Barber
Examiners                                 106,200      106,200 
     Approved Complement - 3  
  Subd. 6.  Board of Boxing                25,600       25,700 
     Approved Complement - 1  
  Subd. 7.  Board of Electricity          677,300      677,500 
     Approved Complement - 18
  Subd. 8.  Board of Peace Officer
Standards and Training
General Operations and Management       1,356,100    1,356,000 
     Approved Complement - 9 
 $1,000,000 the first year and 
$1,000,000 the second year is for peace 
officers training pursuant to Minnesota 
Statutes, section 626.86. 
     Sec. 9.  PUBLIC UTILITIES 
COMMISSION                              1,122,400    1,120,500 
     Approved Complement - 27
     Sec. 10.  PUBLIC SERVICE
General Operations and Management       3,267,300    3,272,900
     Approved Complement - 86
 The amounts that may be expended from 
this appropriation for each program are 
as follows:  
Utility Regulation
   $  1,259,700  $  1,265,700
Weights and Measures 
   $  1,572,600  $  1,572,400
Administrative Services 
   $    435,000  $   434,800
 The public service department with the 
approval of the commissioner of finance 
may transfer unencumbered balances not 
specified for a particular purpose 
among the above programs.  Transfers 
shall be reported forthwith to the 
committee on finance of the senate and 
the committee on appropriations in the 
house of representatives. 
     Sec. 11.  ETHICAL PRACTICES BOARD    172,100      171,900 
     Approved Complement - 5
     Sec. 12.  MINNESOTA MUNICIPAL
BOARD                                     192,200      200,700 
     Approved Complement - 4
     Sec. 13.  MINNESOTA-WISCONSIN 
BOUNDARY AREA COMMISSION                   65,800       67,600 
     Sec. 14.  UNIFORM LAWS 
COMMISSION                                 12,300       11,600 
     Sec. 15.  VOYAGEURS NATIONAL 
PARK CITIZENS COMMITTEE                    53,700       50,800 
     Sec. 16.  SOUTHERN MINNESOTA
RIVERS BASIN BOARD                         52,400       52,300 
     Sec. 17.  MINNESOTA HISTORICAL
SOCIETY                                 7,341,200    7,294,600 
 The amounts that may be expended from 
this appropriation for each program are 
as follows: 
(a) Minnesota Historical Society
Operations 
    $  6,898,800   $  6,891,400
 This appropriation includes money for a 
seven-day-a-week tour program in the 
capitol and historical buildings.  The 
historical building shall remain open 
for public use on Saturdays and, if 
necessary, adjustments in the remainder 
of the weekday schedule may be effected 
by the Minnesota historical society. 
 Any unencumbered balance remaining at 
the end of the first year shall be 
returned to the state treasury and 
credited to the general fund.  
The appropriation in this subdivision 
includes no money for compensation 
increases.  The Minnesota historical 
society will draw on the salary 
supplement appropriation for that 
purpose.  Employees of the Minnesota 
historical society will be paid in 
accordance with the appropriate pay 
plan.  
(b) Historic Grant-In-Aid 
   $    246,200  $    246,200 
 For historic site grants to encourage 
local historic preservation projects.  
 To be eligible for a grant, a county or 
local project group must provide a 50 
percent match, in accordance with the 
historical society's guidelines. 
(c) Fiscal Agent 
   $    196,200  $    157,000 
 $51,100 the first year and $51,900 the 
second year is for the Sibley House 
Association. 
 This appropriation is available for 
operation and maintenance of the Sibley 
House and related buildings on the Old 
Mendota state historic site owned by 
the Sibley House association.  
The historical society should seek an 
agreement with the Sibley House 
association whereby the historical 
society will make payments to the 
association for this purpose and will 
provide the association with technical 
assistance in applying for federal 
grants.  
Notwithstanding any laws to the 
contrary, the Sibley House association 
may purchase fire, wind, hail, and 
vandalism insurance, and insurance 
coverage for fine art objects from this 
appropriation. 
 $55,000 the first year and $55,000 the 
second year is for the Government 
Learning Center. 
 $32,100 the first year and $32,100 the 
second year is for the Minnesota 
Humanities Commission. 
 $18,000 the first year and $18,000 the 
second year is for the Minnesota 
International Center. 
 $40,000 in the first year is for the 
purpose of maintaining Minnesota 
military history museums at Fort 
Snelling and Camp Ripley. 
 Any unencumbered balance remaining in 
(b) or (c) the first year does not 
cancel but is available for the second 
year of the biennium. 
     Sec. 18.  BOARD OF THE ARTS        2,020,600    2,068,900 
     Approved Complement - 11 
     General - 8 
     Federal - 3 
 The amounts that may be expended from 
this appropriation for each program are 
as follows: 
(a) Administrative Services 
   $    232,200  $    232,200 
(b) Subsidies and Grants 
   $  1,788,400  $  1,836,700 
 $75,000 the first year and $75,000 the 
second year is for individual artist 
grants. 
 The board of the arts shall report to 
the chairman of the senate finance 
committee and the chairman of the house 
appropriations committee by January 1, 
1984 concerning its success at 
obtaining money from federal, private, 
and other sources to match state money 
appropriated for individual artists 
grants. 
 $50,000 the first year and $50,000 the 
second year is for arts in education. 
 $688,800 the first year and $737,100 
the second year is for the support of 
regional arts councils throughout the 
state. 
 Any unencumbered balance remaining in 
(a) or (b) the first year does not 
cancel but is available for the second 
year of the biennium. 
     Sec. 19.  MINNESOTA HUMANE 
SOCIETY                                    43,800 
 No state money shall be expended for 
the care, feeding, housing, or disposal 
of animals.  
 Any unencumbered balance remaining in 
the first year does not cancel but is 
available for the second year of the 
biennium. 
     Sec. 20.  MINNESOTA 
HORTICULTURAL SOCIETY                      67,900       67,900 
     Sec. 21.  MINNESOTA 
ACADEMY OF SCIENCE                         20,400       20,500 
     Sec. 22.  SCIENCE  
MUSEUM OF MINNESOTA                       273,400      290,500 
     Sec. 23.  MINNESOTA 
SAFETY COUNCIL                             50,700       50,700 
 This appropriation is from the trunk 
highway fund. 
     Sec. 24.  DISABLED 
AMERICAN VETERANS                          20,100       20,100 
 For salaries, supplies, and expenses to 
be expended as provided by Laws 1941, 
chapter 425. 
     Sec. 25.  VETERANS OF 
FOREIGN WARS                               25,000       25,000 
For carrying out the provisions of Laws 
1945, chapter 455. 
     Sec. 26.  GENERAL CONTINGENT         650,000      650,000 
ACCOUNTS
 The appropriations in this section 
shall be expended with the approval of 
the governor after consultation with 
the legislative advisory commission 
pursuant to Minnesota Statutes, section 
3.30. 
 If an appropriation in this section for 
either year is insufficient, the 
appropriation for the other year is 
available for it. this appropriation 
for each purpose are more specifically 
described in the following subdivisions 
of this section. 
Trunk Highway Fund 
   $    400,000  $    400,000 
Highway User Tax Distribution 
Fund 
   $    250,000  $    250,000 
     Sec. 27.  TORT CLAIMS              600,000      600,000 
 To be disbursed by the commissioner of 
finance.  
 This appropriation is from the trunk 
highway fund. 
 If the appropriation for either year is 
insufficient, the appropriation for the 
other year is available for it. 
    Sec. 28.  Minnesota Statutes 1982, section 12.14, is 
amended to read: 
    12.14 [ASSESSMENT FOR NUCLEAR SAFETY PREPAREDNESS ACT.] 
    Any person, firm, corporation or association in the 
business of owning or operating a nuclear fission electrical 
generating plant located in Minnesota, shall pay an assessment 
of $250,000 per plant to cover the initial cost of upgrading 
nuclear power plant emergency response plans and other programs 
necessary to deal with incidents resulting from the operation of 
nuclear fission electrical generating plants.  This assessment 
shall be paid to the state for deposit in the general fund 
within 90 days of April 25, 1980. Thereafter, An assessment of 
$75,000 $100,000 per plant shall be paid annually on July 1 of 
each year, beginning with July 1, 1981, to cover ongoing costs 
related to the emergency response plan. 
    Sec. 29.  Minnesota Statutes 1982, section 17.101, is 
amended to read: 
    17.101 [PROMOTIONAL ACTIVITIES.] 
    Subdivision 1.  [DEPARTMENTAL DUTIES.] For the purposes of 
expanding, improving, and developing the markets for products of 
Minnesota agriculture, the commissioner of agriculture shall 
encourage and promote the marketing of these products by means 
of promotional activities such as advertising and other 
appropriate activities:  
    (a) advertising Minnesota agricultural products;  
    (b) assisting state agricultural commodity organizations;  
    (c) developing methods to increase processing and marketing 
of agricultural commodities including commodities not being 
produced in Minnesota on a commercial scale, but which may have 
economic potential in national and international markets;  
    (d) investigating and identifying new marketing technology 
and methods to enhance the competitive position of Minnesota 
agricultural products;  
    (e) evaluating livestock marketing opportunities;  
    (f) assessing and developing national and international 
markets for Minnesota agricultural products;  
    (g) studying the conversion of raw agricultural products to 
manufactured products including ethanol;  
    (h) hosting the visits of foreign trade teams to Minnesota 
and defraying the teams' expenses;  
    (i) assisting Minnesota agricultural businesses desiring to 
sell their products in national and international markets; and 
    (j) other activities the commissioner deems appropriate to 
promote Minnesota agricultural products in national and 
international markets.  
    Subd. 2.  [AGRICULTURAL DEVELOPMENT GRANTS.] In order to 
carry out the duties in subdivision 1, the commissioner, in 
addition to whatever other resources the department may commit, 
shall make grants and enter into contracts to fulfill the 
obligations of subdivision l.  The commissioner may contract 
with, among others, agricultural commodity organizations and 
agriculture related businesses to fulfill the duties.  The 
commissioner shall make permanent or temporary rules for the 
administration of these grants and contracts.  The rules shall 
specify at a minimum:  
    (a) eligibility criteria;  
    (b) application procedures;  
    (c) provisions for application review and project approval; 
    (d) provisions for program monitoring and review for all 
approved grants and contracts; and 
    (e) other provisions the commissioner finds necessary.  
    Contracts entered into by the commissioner pursuant to this 
subdivision shall not exceed 75 percent of the cost of the 
project supported by the commissioner's grant.  In any biennium, 
no organization shall receive more than $70,000 in grants from 
the commissioner.  
    Subd. 3.  [AUDITS.] The books, records, documents, and 
accounting procedures and practices of any organization 
receiving a grant from the commissioner under the provisions of 
subdivision 2 shall be subject to examination by the 
department.  The commissioner may prescribe uniform methods of 
accounting to be used by grant recipients.  
    Subd. 4.  [ADVISORY GROUP.] The commissioner may establish 
an ad hoc advisory group to assist him in evaluating grant 
requests made pursuant to subdivision 2. 
    Sec. 30.  Minnesota Statutes 1982, section 17A.04, 
subdivision 5, is amended to read: 
    Subd. 5.  [LICENSE FEE.] The applicant shall submit to the 
commissioner the following applicable fee or fees and penalties 
for late renewal: 
    (1) $120 (a) $150 for each livestock market agency and 
public stockyard license, penalty $38; (2) $42 for each 
livestock dealer license; and (3) $24 for each agent license 
    (b) $50 for each livestock dealer license, penalty $13;  
    (c) $30 for each agent of a livestock dealer license, 
penalty $10;  
    (d) $50 for each meat packing company license, penalty $13; 
    (e) $30 for each agent of a meat packing company license, 
penalty $10. 
    Sec. 31.  Minnesota Statutes 1982, section 18.51, 
subdivision 2, is amended to read: 
    Subd. 2.  [FEES; PENALTY.] Each A nurseryman shall be 
required to pay an annual fee before the commissioner shall 
issue a certificate of inspection.  This fee shall be based on 
the area of all of his nurseries as follows: 
  Nurseries:
  (1)  1/2 acre or less                $25 $30 per nurseryman
  (2)  Over 1/2 acre to and
       including 2 acres               $35 $50 per nurseryman
  (3)  Over 2 acres to and
       including 10 acres              $60 $100 per nurseryman
  (4)  Over 10 acres to and
       including 50 acres             $160 $300 per nurseryman
  (5)  Over 50 acres                  $400 $600 per nurseryman
    In addition to the above fees, a minimum penalty of $10 or 
25 percent of the fee due, whichever is greater, shall be 
charged for any application for renewal not received by January 
1 of the year following expiration of a certificate. 
    Sec. 32.  Minnesota Statutes 1982, section 18.52, 
subdivision 5, is amended to read: 
    Subd. 5.  [FEES; PENALTY.] Each A dealer is required to 
shall pay an annual fee.  The fee charged shall be based on the 
dealer's gross sales of the dealer during the preceding 
certificate year.  In the case of A dealer operating for the 
first year, will pay the minimum fee will suffice. 
  Dealers:
  (1)  Gross sales up to                 at a location
       $1,000                            $20  $30 per location
  (2)  Gross sales over $1,000           at a location
       and up to $5,000                  $30  $40 per location
  (3)  Gross sales over $5,000           at a location
       up to $10,000                     $45  $70 per location
  (4)  Gross sales over $10,000          at a location
       up to $25,000                     $70 $100 per location
  (5)  Gross sales over $25,000          at a location
       up to $75,000                     $115 $150 per location
  (6) Gross sales over $75,000           at a location
       up to $100,000                    $175 $220 per location
  (7) Gross sales over $100,000          at a location
                                          $250 $330 per location
    In addition to the above fees, a minimum penalty of $10 or 
25 percent of the fee due, whichever is greater, shall be 
charged for any application for renewal not received by January 
1 of the year following expiration of a certificate. 
    Sec. 33.  Minnesota Statutes 1982, section 18.53, is 
amended to read: 
    18.53 [GREENHOUSE CERTIFICATION.] 
    The commissioner or his employee may inspect and certify 
greenhouses and greenhouse plants as being free from plant pests 
upon request of the greenhouse operator and issue a greenhouse 
certificate.  The fee is $25 $30 for each greenhouse operator.  
Said The certificate shall expire expires on November 15 next 
following the date of issue.  
    Sec. 34.  Minnesota Statutes 1982, section 18.54, is 
amended to read: 
    18.54 [LOCAL SALES AND MISCELLANEOUS.] 
    Subdivision 1.  The commissioner or his employee may make 
small lot inspections or perform other necessary services for 
which another charge is not specified.  For these services the 
commissioner shall charge a fee of $10; in addition, a charge 
may be made for the necessary expenses incurred by the inspector 
set a fee plus expenses that will recover the cost of performing 
this service, as provided in section 16A.128.  The commissioner 
may set an additional acreage fee for inspection of seed 
production fields for exporters in order to meet domestic and 
foreign plant quarantine requirements.  
    Subd. 2.  The commissioner shall have the authority to 
provide special services such as virus disease-free 
certification and other similar programs.  Participation by 
nurserymen shall be voluntary. Plants offered for sale as 
certified virus-free must be grown according to certain 
procedures in a manner defined by the commissioner for the 
purpose of eliminating viruses and other injurious disease or 
insect pests.  The commissioner may shall collect reasonable 
fees from participating nurserymen for services and materials 
that are necessary to conduct this type of work, as provided in 
section 16A.128.  
    Sec. 35.  Minnesota Statutes 1982, section 18A.22, 
subdivision 5, is amended to read: 
    Subd. 5.  [FEE.] Each application for registration and 
renewal shall be accompanied by a registration fee of $10 $25 
for each pesticide registered.  All such These registrations 
shall expire on December 31 of any one each year, unless 
cancelled sooner. 
    Sec. 36.  Minnesota Statutes 1982, section 18A.22, 
subdivision 7, is amended to read: 
    Subd. 7.  [LATE REGISTRATION.] If the renewal of a 
pesticide registration is filed after December 31, or an 
original application is filed after the first month the 
pesticide is first manufactured or sold within this state, an 
additional fee of $5 $10 shall be paid by the applicant before 
the registration for that pesticide may be issued or renewed. 
    Sec. 37.  Minnesota Statutes 1982, section 18A.26, is 
amended to read: 
    18A.26 [LICENSE, REGISTRATION, DEALER, APPLICATOR, FEE.] 
    Subdivision 1.  [RESTRICTED USE PESTICIDE DEALER LICENSE.] 
(a) Any person offering for sale or having in his possession 
with intent to distribute to the ultimate user a restricted use 
pesticide and any private applicator purchasing from an 
unlicensed source for his own use any restricted use pesticide 
shall obtain a license from the commissioner.  Application for a 
restricted use pesticide dealer license shall be made upon the 
forms and in the manner, which may include an examination, as 
the commissioner requires to determine if the applicant is 
qualified to sell restricted use pesticides. 
    (b) Application for a license requires payment of a fee of 
$35 $50.  Licenses shall be renewed annually prior to January 1, 
upon receipt of a $35 $50 fee and the completed application form.
    (c) If an application for renewal of a restricted use 
pesticide dealer license is not filed prior to January 1 of any 
one year, an additional fee of $10 $13 shall be paid by the 
applicant before the renewal license may be issued. 
    (d) The dealer license shall not be transferable to another 
person or to another location. 
    (e) Each licensed restricted use pesticide dealer shall be 
responsible for the acts of each person employed by him in the 
solicitation and sale of restricted use pesticides. 
    (f) Provisions of this subdivision shall not apply to: 
    (1) A licensed commercial applicator, noncommercial 
applicator or structural pest control applicator who sells or 
uses pesticides only as an integral part of his pesticide 
application service; 
    (2) A federal, state, county, or municipal agency which 
provides pesticides only for its own programs; and 
    (3) A duly licensed pharmacist, physician, dentist, or 
veterinarian when administering or dispensing a restricted use 
pesticide for use in man or other animal in his practice. 
    Subd. 2.  [COMMERCIAL APPLICATOR LICENSE.] (a) No 
commercial applicator shall use or supervise the use of any 
pesticide without a commercial applicator's license issued by 
the commissioner. Application for the license shall be made upon 
forms and in such manner, which may include an examination, as 
the commissioner may require.  An aerial applicator shall secure 
an endorsement to his license showing that he has been licensed 
for commercial spraying or dusting operations, or both, in 
accordance with chapter 360, and that he has passed an 
examination prepared by the department of transportation and 
administered by the department of agriculture, testing whether 
he is knowledgeable in the aerial application of pesticides.  A 
person intending to apply pesticides in any public waters shall 
secure an endorsement to his license showing that he has passed 
an examination prepared by the department of natural resources 
and administered by the department of agriculture, testing 
whether he is knowledgeable in the application of pesticides in 
water. 
    (b) The commissioner may renew any applicator's license, 
subject to reexamination or other requirements imposed by the 
commissioner to ensure that the applicator understands changing 
technology and to assure a continuing level of competence and 
ability to use pesticides safely and properly. 
    (c) Each application for a license shall require payment of 
an annual fee of $10 $40 and an identification card fee of $7.50 
$10 for the applicant and $7.50 $10 for each additional 
identification card desired. 
    (d) If the renewal application is not filed prior to March 
1 in any year, an additional fee of $5 $10 shall be paid by the 
applicant before the renewal license may be issued. 
    (e) The license issued shall not be transferable to another 
person. 
    (f) Every licensee or his designated operator shall have an 
identification card when applying pesticides for hire and shall 
display it upon demand of an authorized representative of the 
commissioner or a law enforcement officer.  The identification 
card shall contain such information as the commissioner may by 
rule require. 
    (g) A person required to be licensed under this subdivision 
who carries on spraying or dusting operations for hire or who 
employs or engages an applicator to carry on spraying or dusting 
operations for hire, shall be responsible for proper application 
of the material or device.  He shall use materials, dosages, 
formulas, devices and methods of application acceptable to the 
commissioner based upon registered approved uses of the material 
or device within limits prescribed by state and federal laws and 
regulations.  He shall not be held liable for the actions of a 
chemical when applied in accordance with the recommendation of 
the manufacturer or the commissioner. 
    Subd. 3.  [STRUCTURAL PEST CONTROL APPLICATOR LICENSE, 
REGISTRATION.] (a) No person shall engage in structural pest 
control applications for hire unless registered or licensed by 
the commissioner. Before any person shall engage in structural 
pest control application he shall apply on forms supplied by the 
commissioner for a registration or license to engage in such 
activities.  The commissioner shall determine from the 
application and the statements contained therein if such 
applicant is qualified to be registered or to receive a 
license.  The commissioner shall require the applicant to pass a 
written or an oral examination, or both, and may also require a 
practical demonstration regarding structural pest control.  The 
examination procedure, including all the phases and contents of 
the examination, shall be established by the commissioner. 
    (b) A registration or license is effective until January 1 
next following the date of its issuance, and may be renewed 
annually on or before that date.  Registrations or licenses are 
not transferable to any other person. 
    (c) An No annual fee of $15 must need accompany an 
application for registration or renewal where the applicant is 
licensed by a political subdivision or municipality to engage in 
structural pest control or $75.  An annual fee of $100 must 
accompany an application for registration or renewal if the 
applicant is not so licensed.  Employees of a person who is 
registered or licensed under this subdivision shall pay a fee of 
$10 $20 for an initial license or registration and a fee of $6 
$20 for each renewal thereof.  The commissioner may establish 
other requirements for renewal as are necessary to assure 
competence of registrants or licensees. 
    (d) In case a delinquency in the payment of the license or 
registration renewal fee extends beyond three months the 
licensee or registrant will be required to obtain a new license 
or registration subject to all the requirements, procedures and 
fees required for an initial license or registration. 
    (e) The commissioner shall establish categories of master, 
journeyman, and apprentice in structural pest control 
applications.  No person shall engage in structural pest control 
applications as a sole proprietorship, company, partnership, or 
corporation unless he is licensed or registered as a master in 
structural pest control applications or unless he employs a 
person so licensed or registered. 
    (f) The commissioner shall notify each licensee or 
registrant by mail that his fee is due and payable and if not 
received before the expiration date of the registration or 
license 50 percent will be added to the required annual renewal 
fee or fees. 
    Subd. 4.  [NONCOMMERCIAL APPLICATOR.] (a) No noncommercial 
applicator may use a restricted use pesticide or supervise the 
use of a restricted use pesticide without having a valid 
noncommercial applicator license issued by the commissioner for 
use categories or subcategories for which the pesticide 
application is made. 
    (b) License applications shall be made upon forms and in 
the manner, which may include an examination, as the 
commissioner may prescribe to determine if the applicant is 
qualified. 
    (c) The commissioner may renew a license subject to 
re-examination or other requirements designed to ensure that the 
applicator continues to understand changing technology and to 
assure a continuing level of competence and ability to use 
pesticides safely and properly. 
    (d) Each application for a license shall require payment of 
an annual fee of $10 $40 and an identification card fee of $7.50 
$10 for the applicant and $7.50 $10 for each additional 
identification card desired.  Governmental agencies shall be 
exempt from the fee.  The license shall be renewed annually 
prior to January upon payment of applicable fees and compliance 
with any other requirement. 
    (e) If an application for renewal of license is not filed 
prior to March 1, in any year, an additional fee of $5 $10 shall 
be paid by the applicant before the renewal license may be 
issued. 
    Sec. 38.  [PURPOSE.] 
    It is the policy of the legislature that consumers should 
be able to purchase truthfully and adequately labeled seeds for 
planting.  Sections 39 to 51 establish a uniform labeling system 
for agricultural, vegetable, flower, tree or shrub seeds whereby 
consumers can be protected from inadequately or illegally 
labeled seed and also whereby fair competition can be achieved.  
    Sec. 39.  [21.80] [MINNESOTA SEED LAW.] 
    Sections 39 to 51 may be cited as the "Minnesota Seed Law." 
    Sec. 40.  [21.81] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] The terms used in sections 39 to 
51 have the meanings given them in this section.  
    Subd. 2.  [ADVERTISEMENT.] "Advertisement" means any 
representation, other than on a label, disseminated in any 
manner or by any means, relating to seed within the scope of 
sections 39 to 51.  
     Subd. 3.  [AGRICULTURAL SEEDS.] "Agricultural seeds" 
includes the seeds of grass, forage, cereal, oil, fiber crops, 
seeds of vegetables grown for processing, and any other kinds of 
seeds commonly recognized within this state as agricultural or 
field seeds, lawn seeds, or mixtures of those seeds, and may 
include noxious weed seed when the commissioner determines that 
the seed is being used as agricultural seed.  
    Subd. 4.  [BLEND.] "Blend" means seed consisting of more 
than one variety of a kind, each in excess of five percent of 
the whole.  
    Subd. 5.  [CERTIFIED SEED.] "Certified seed" means 
certified, registered, or foundation seed, or any other term 
conveying a similar meaning when referring to seed that has been 
produced, conditioned, and labeled in compliance with the rules 
of an officially recognized seed certification agency.  
    Subd. 6.  [COMMISSIONER.] "Commissioner" means the 
commissioner of agriculture or his authorized agent and may 
include a county agricultural inspector.  
    Subd. 7.  [CONDITIONING.] "Conditioning" means cleaning to 
remove chaff, sterile florets, immature seeds, weed seeds, inert 
matter, and other crop seeds, scarifying, combining to obtain 
uniform quality, or any other operation which would change the 
purity or germination of the seed and require retesting to 
determine the quality of the seed.  Conditioning does not 
include such operations as packaging, labeling, combining 
uniform lots of the same kind or variety without cleaning or 
preparing a mixture without cleaning, if it would not require 
retesting to determine the quality of the seed.  
     Subd. 8.  [FLOWER SEEDS.] "Flower seeds" includes seeds of 
herbacious plants grown for their blooms, ornamental foliage, or 
other ornamental parts and commonly known and sold under the 
name of flower seeds in this state.  
    Subd. 9.  [GENUINE GROWER'S DECLARATION.] A "genuine 
grower's declaration" is a statement signed by the grower which 
gives for a lot of agricultural seed, the lot number, kind, 
variety, origin, weight, year of production, date of shipment, 
and to whom it was sold, shipped, or delivered.  
     Subd. 10.  [GERMINATION.] "Germination" means the 
percentage of seeds other than hard seeds which are capable of 
producing normal seedlings under favorable growing conditions. 
Broken, weak, diseased, malformed, or abnormal seedlings shall 
not be considered as having germinated.  
    Subd. 11.  [HYBRID.] "Hybrid" when applied to kinds or 
varieties of seed means the first generation seed of a cross 
produced by controlling the pollination and by combining (a) two 
or more inbred lines; (b) one inbred or a single cross with an 
open pollinated variety; or (c) two selected clones, seed lines, 
varieties, or species.  "Controlling the pollination" means to 
use a method of hybridization which will produce pure seed which 
is at least 75 percent hybrid seed.  The second generation or 
subsequent generations from these crosses are not hybrids. 
Hybrid designations shall be treated as variety names.  
    Subd. 12.  [INITIAL LABELER.] "Initial labeler" means a 
person who is the first to label for sale within this state an 
agricultural, vegetable, flower, tree, or shrub seed.  
    Subd. 13.  [KIND.] "Kind" means one or more related species 
or subspecies which singly or collectively is known by one 
common name, such as wheat, oats, or sweet clover.  
    Subd. 14.  [LABEL.] "Label" includes a tag or other device 
attached to or written, stamped, or printed on any container or 
accompanying any lot of bulk seeds purporting to set forth the 
kind of seeds contained, or any other information relating to 
the labeled seed and includes invoices under which any seed is 
imported into the state.  
    Subd. 15.  [LOT.] "Lot" means a definite quantity of seed 
identified by a lot number or other mark, every portion or bag 
of which is uniform within recognized tolerances for the factors 
which appear in the labeling.  
    Subd. 16.  [MIXTURE.] "Mixture" means seeds consisting of 
more than one kind, each in excess of five percent of the whole. 
    Subd. 17.  [NOXIOUS WEED SEEDS.] "Noxious weed seeds" 
includes prohibited and restricted noxious weed seeds.  
    Subd. 18.  [PERSON.] "Person" means an individual, 
partnership, corporation, company, society, association, or firm.
    Subd. 19.  [PROHIBITED NOXIOUS WEED SEEDS.] "Prohibited 
noxious weed seeds" are those weed seeds which are prohibited 
from being present in any agricultural, vegetable, flower, tree 
or shrub seed.  They are the seeds of weeds which are highly 
destructive and difficult to control by good cultural practices 
or by the use of herbicides.  They not only reproduce by seed 
but also may spread by underground reproductive parts such as 
roots and rootstocks and aboveground reproductive parts such as 
runners and stolons.  
    Subd. 20.  [PURE LIVE SEED.] "Pure live seed" means the 
product of the percent germination multiplied by the percent 
pure seed divided by 100 percent.  
    Subd. 21.  [PURE SEED.] "Pure seed" means seed exclusive of 
inert matter and all other seeds not of the kind of seed being 
considered as defined by the rules for testing seeds of the 
association of official seed analysts.  
    Subd. 22.  [RECORD.] "Record" includes all information 
relating to seed shipments and includes a file sample of each 
lot of seed.  For tree and shrub seed, the record includes all 
documents regarding statement of origin and elevation where the 
seed originated.  
    Subd. 23.  [RESTRICTED NOXIOUS WEED SEEDS.] "Restricted 
noxious weed seeds" are those weed seeds which, if present in 
agricultural, vegetable, flower, tree or shrub seed, shall be 
named on the label together with the number per pound of seed 
specified and which shall not exceed the legal limit.  They are 
seeds of weeds which are objectionable in fields, lawns, and 
gardens of this state and can be controlled by good cultural 
practice and use of herbicides.  
    Subd. 24.  [SCREENINGS.] "Screenings" means chaff, sterile 
florets, immature seed, weed seeds, inert matter, and other 
material removed from seed in any kind of conditioning and which 
contains less than 25 percent by weight of live agricultural or 
vegetable seed.  
    Subd. 25.  [SEIZURE.] "Seizure" means a legal process 
carried out by a court order against a definite amount of seed.  
    Subd. 26.  [SELL.] "Sell," when applying to agricultural, 
vegetable, flower, tree or shrub seed, and seed samples, 
includes:  
    (a) selling or transferring ownership;  
    (b) offering and exposing for sale, exchange, distribution, 
giving away, and transportation in or into this state;  
    (c) having in possession with intent to sell, exchange, 
distribute, give away, or transport in or into this state;  
    (d) storing, carrying, and handling in aid of traffic in 
seeds, whether done in person or through an agent, employee, or 
other person; and 
    (e) receiving, accepting, and holding on consignment for 
sale.  
    Subd. 27.  [STOP SALE.] "Stop sale" means an administrative 
order restraining the sale, use, disposition, and movement of a 
definite amount of seed.  
    Subd. 28.  [TREATED.] "Treated" means that the seed has 
received an application of a substance or that it has been 
subjected to a process for which a claim is made.  
    Subd. 29.  [TREE AND SHRUB SEEDS.] "Tree and shrub seeds" 
includes seeds of woody plants commonly known and sold as tree 
and shrub seeds in this state.  
    Subd. 30.  [TREE SEED COLLECTOR'S DECLARATION.] A "tree 
seed collector's declaration" is a statement signed by a grower 
or person having knowledge of the place of collection which 
gives for a lot of seed:  the lot number, common or scientific 
name of the species, subspecies if appropriate, origin, 
elevation, and quantity of tree and shrub seed.  
    Subd. 31.  [TYPE.] "Type" means a group of varieties so 
nearly similar that individual varieties cannot be clearly 
differentiated except under special conditions.  
    Subd. 32.  [VEGETABLE SEEDS.] "Vegetable seeds" includes 
the seeds of those crops which are grown in gardens and on truck 
farms that are generally known and sold under the name of 
vegetable or herb seeds in this state.  
    Subd. 33.  [VARIETY.] "Variety" means a subdivision of a 
kind characterized by growth, yield, plant, fruit, seed, or 
other characteristics by which it can be differentiated from 
other plants of the same kind.  
    Subd. 34.  [WEED SEEDS.] "Weed seeds" includes the seeds of 
all plants generally recognized as weeds within this state, 
including noxious weed seeds.  
    Sec. 41.  [21.82] [LABEL REQUIREMENTS; AGRICULTURAL, 
VEGETABLE, OR FLOWER SEEDS.] 
    Subdivision 1.  [FORM.] Each container of agricultural, 
vegetable, or flower seed which is offered for sale for sowing 
purposes shall bear or have attached in a conspicuous place a 
plainly written or printed label or tag in the English language 
giving the information required by this section.  This statement 
shall not be modified or denied in the labeling or on another 
label attached to the container.  
    Subd. 2.  [CONTENT.] For agricultural, vegetable, or flower 
seeds, except as otherwise provided in subdivisions 4, 5, 6, 7 
and 8, the label shall contain:  
    (a) The name of the kind or kind and variety for each 
agricultural or vegetable seed component in excess of five 
percent of the whole and the percentage by weight of each in 
order of its predominance.  The commissioner shall by rule 
designate the kinds that are required to be labeled as to 
variety.  If the variety of those kinds generally labeled as to 
variety is not stated and it is not required to be stated, the 
label shall show the name of the kind and the words:  "Variety 
not stated."  
     (1) The percentage that is hybrid shall be at least 95 
percent of the percentage of pure seed shown unless the 
percentage of pure seed which is hybrid seed is shown 
separately.  If two or more kinds or varieties are present in 
excess of five percent and are named on the label, each that is 
hybrid shall be designated as hybrid on the label.  Any one kind 
or kind and variety that has pure seed which is less than 95 
percent but more than 75 percent hybrid seed as a result of 
incompletely controlled pollination in a cross shall be labeled 
to show the percentage of pure seed that is hybrid seed or a 
statement such as "contains from 75 percent to 95 percent hybrid 
seed."  No one kind or variety of seed shall be labeled as 
hybrid if the pure seed contains less than 75 percent hybrid 
seed.  The word hybrid shall be shown on the label in 
conjunction with the kind.  
    (2) Blends shall be listed on the label using the term 
"blend" in conjunction with the kind.  
    (3) Mixtures shall be listed on the label using the term 
"mixture," "mix," or "mixed."  
    (b) Lot number or other lot identification.  
    (c) Origin, if known, or that the origin is unknown.  
    (d) Percentage by weight of all weed seeds present in 
agricultural, vegetable, or flower seed.  This percentage may 
not exceed one percent.  If weed seeds are not present in 
vegetable or flower seeds, the heading "weed seeds" may be 
omitted from the label.  
    (e) Name and rate of occurrence per pound of each kind of 
restricted noxious weed seeds present.  They shall be listed 
under the heading "noxious weed seeds."  If noxious weed seeds 
are not present in vegetable or flower seeds, the heading 
"noxious weed seeds" may be omitted from the label.  
    (f) Percentage by weight of agricultural, vegetable, or 
flower seeds other than those required to be named on the 
label.  They shall be listed under the heading "other crop."  If 
"other crop" seeds are not present in vegetable or flower seeds, 
the heading "other crop" may be omitted from the label.  
     (g) Percentage by weight of inert matter.  
     (h) Net weight of contents, to appear on either the 
container or the label, except that in the case of vegetable or 
flower seed containers with contents of 200 seeds or less, a 
statement indicating the number of seeds in the container may be 
listed along with or in lieu of the net weight of contents.  
    (i) For each named agricultural or vegetable seed:  
    (1) percentage of germination, exclusive of hard seed;  
    (2) percentage of hard seed, if present; and 
     (3) the calendar month and year the percentages were 
determined by test.  
     (j) Name and address of the person who labeled the seed or 
who sells the seed within this state, or a code number which has 
been registered with the commissioner.  
     Subd. 3.  [TREATED SEED.] For all named agricultural, 
vegetable, or flower seeds which are treated, for which a 
separate label may be used, the label shall contain:  
    (a) a word or statement to indicate that the seed has been 
treated;  
    (b) the commonly accepted, coined, chemical, or abbreviated 
generic chemical name of the applied substance;  
    (c) the caution statement "Do not use for food, feed, or 
oil purposes" if the substance in the amount present with the 
seed is harmful to human or other vertebrate animals;  
    (d) in the case of mercurials or similarly toxic 
substances, a poison statement and symbol; 
    (e) a word or statement describing the process used when 
the treatment is not of pesticide origin; and 
    (f) the date beyond which the inoculant is considered 
ineffective if the seed is treated with an inoculant.  It shall 
be listed on the label as "inoculant:  expires (month and year)" 
or wording that conveys the same meaning.  
    Subd. 4.  [HYBRID SEED CORN.] For hybrid seed corn purposes 
a label shall contain:  
    (a) a statement indicating the number of seeds in the 
container may be listed along with or in lieu of the net weight 
of contents; and 
    (b) for each variety of hybrid seed field corn, the day 
classification as determined by the originator or owner.  The 
day classification shall approximate the number of days of 
growing season necessary from emergence of the corn plant above 
ground to relative maturity and shall conform to the day 
classification established by the director of the Minnesota 
agricultural experiment station for the appropriate zone.  
    Subd. 5.  [GRASS SEED.] For grass seed and mixtures of 
grass seeds intended for lawn and turf purposes, the 
requirements in clauses (a) to (c) must be met.  
    (a) The label shall contain the percentage by weight of 
inert matter, up to ten percent by weight except for those kinds 
specified by rule.  The percentage by weight of foreign material 
not common to grass seed must be listed as a separate item in 
close association with the inert matter percentage.  
    (b) If the seed contains no "other crop" seed, the 
following statement may be used and may be flagged:  "contains 
no other crop seed."  
    (c) When grass seeds are sold outside their original 
containers, the labeling requirements are met if the seed is 
weighed from a properly labeled container in the presence of the 
purchaser.  
    Subd. 6.  [COATED AGRICULTURAL SEEDS.] For coated 
agricultural seeds the label shall contain:  
    (a) percentage by weight of pure seeds with coating 
material removed;  
    (b) percentage by weight of coating material shown as a 
separate item in close association with the percentage of inert 
matter; and 
    (c) percentage of germination determined on 400 pellets 
with or without seeds.  
    Subd. 7.  [VEGETABLE SEEDS.] For vegetable seeds prepared 
for use in home gardens or household plantings the requirements 
in clauses (a) to (d) apply.  The origin may be omitted from the 
label.  
    (a) The label shall contain the following:  
    (1) the year for which the seed was packed for sale listed 
as "packed for (year)," or the percentage of germination and the 
calendar month and year that the percentages were determined by 
test; and 
    (2) for vegetable seeds which germinate less than the 
standard last established by the commissioner:  
    (i) percentage of germination, exclusive of hard seed;  
    (ii) percentage of hard seed, if present; and 
    (iii) the words "below standard" in not less than eight 
point type and the month and year the percentages were 
determined by test.  
    (b) The percentage by weight of pure seed may be omitted 
from a label if the total is more than 90 percent.  
    (c) The percentage by weight of inert matter may be omitted 
from a label if it is less than ten percent.  
    (d) The labeling requirements for vegetable seeds sold 
outside their original containers are met if the seed is weighed 
from a properly labeled container in the presence of the 
purchaser.  
    Subd. 8.  [FLOWER SEEDS.] (a) All flower seed labels shall 
contain:  
    (1) the name of the kind and variety or a statement of type 
and performance charateristics as prescribed by rules;  
    (2) the year for which the seed was packed for sale listed 
as "packed for (year)," or the percentage of germination and the 
calendar month and year that the percentage was determined by 
test; and 
    (3) for flower seeds which germinate less than the standard 
last established by the commissioner:  
    (i) the percentage of germination exclusive of hard seed; 
and 
    (ii) the words "below standard" in not less than eight 
point type and the month and year this percentage was determined 
by test.  
     (b) The origin may be omitted from the label. 
    (c) The percentage by weight of pure seed may be omitted 
from a label if the total is more than 90 percent.  
    (d) The percentage by weight of inert matter may be omitted 
from a label if it is less than ten percent.  
    Sec. 42.  [21.83] [LABEL REQUIREMENTS; TREE OR SHRUB 
SEEDS.] 
    Subdivision 1.  [FORM.] Each container of tree or shrub 
seed which is offered for sale for sowing purposes shall bear or 
have attached in a conspicuous place a plainly written or 
printed label or tag in the English language giving the 
information required by this section.  This label statement 
shall not be modified or denied in the labeling or on another 
label attached to the container, except that labeling of seed 
supplied under a contractual agreement may be made by an invoice 
accompanying the shipment or by an analysis tag attached to the 
invoice if each bag or other container is clearly identified by 
a lot number stenciled on the container.  Each bag or container 
that is not so stenciled must carry complete labeling.  
    Subd. 2.  [LABEL CONTENT.] For all tree or shrub seed 
subject to this section the label shall contain:  
    (a) the common name of the species, and the subspecies if 
appropriate;  
    (b) the scientific name of the genus and species, and the 
subspecies if appropriate;  
    (c) the lot number or other lot identification;  
    (d) for seed collected from a predominantly indigenous 
stand, the area of collection given by latitude and longitude, 
or geographic description, or political subdivision such as 
state or county;  
    (e) for seed collected from a predominantly nonindigenous 
stand, the identity of the area of collection and the origin of 
the stand or the words "origin not indigenous;"  
    (f) the elevation or the upper and lower limits of 
elevation within which the seed was collected;  
    (g) the percentage of pure seed by weight;  
    (h) for those kinds of seed for which standard testing 
procedures are prescribed:  
    (1) the percentage of germination exclusive of hard seed;  
    (2) the percentage of hard seed, if present; and 
    (3) the calendar month and year the percentages were 
determined by test; or 
    (4) in lieu of the requirements of clauses (1) to (3), the 
seed may be labeled "test is in progress, results will be 
supplied upon request;"  
    (i) for those species for which standard germination 
testing procedures have not been prescribed by the commissioner, 
the calendar year in which the seed was collected; and 
    (j) the name and address of the person who labeled the seed 
or who sells the seed within this state.  
     Subd. 3.  [TREATED SEED.] For all treated tree and shrub 
seeds for which a separate label may be used the label shall 
contain:  
    (a) a word or statement to indicate that the seed has been 
treated;  
     (b) the commonly accepted, coined, chemical, or abbreviated 
generic chemical name of the applied substance;  
     (c) the caution statement "Do not use for food, feed, or 
oil purposes" if the substance in the amount present with the 
seed is harmful to human or other vertebrate animals;  
    (d) in the case of mercurials or similarly toxic 
substances, a poison statement and symbol;  
    (e) a word or statement describing the process used when 
the treatment is not of pesticide origin;  
    (f) if the seed has been treated with an inoculant, the 
date beyond which the inoculant is considered ineffective.  It 
shall be listed on the label as "inoculant:  expires (month and 
year)" or wording which conveys the same meaning.  
    Sec. 43.  [21.84] [RECORDS.] 
    Each person whose name appears on the label of 
agricultural, vegetable, flower, tree or shrub seeds subject to 
section 41 or 42 shall keep for three years complete records of 
each lot of agricultural, vegetable, flower, tree or shrub seed 
sold in this state and shall keep for one year a file sample of 
each lot of seed after disposition of the lot.  In addition, the 
grower shall have as a part of the record a "genuine grower's 
declaration" or a "tree seed collector's declaration."  
    Sec. 44.  [21.85] [DUTIES OF THE COMMISSIONER.] 
    Subdivision 1.  [ENFORCEMENT.] The commissioner shall 
administer and enforce sections 39 to 51.  
    Subd. 2.  [SEED LABORATORY.] The commissioner shall 
establish and maintain a seed laboratory for seed testing, 
employing necessary agents and assistants to administer and 
enforce sections 39 to 51, none of whom, except those who are 
employed on a regular full-time basis, shall come within or be 
governed by chapter 43A.  The compensation for the unclassified 
employees shall be on the basis of a rating and salary scale 
determined by the commissioner's plan of the department of 
employee relations or the appropriate bargaining unit contract.  
    Subd. 3.  [ENTRY UPON PREMISES.] For the purpose of 
administering and enforcing sections 39 to 51 the commissioner 
may enter upon any public or private premises during regular 
business hours in order to have access to seeds and the records 
concerning the seeds that are subject to sections 39 to 51, and 
to enter any truck or other conveyor by land, water, or air at 
any time when the conveyor is accessible, for the same purpose.  
    Subd. 4.  [INSPECTION AND SAMPLING.] The commissioner shall 
sample, inspect, make analysis of and test seeds subject to 
sections 39 to 51 that are offered for sale for sowing purposes 
at the time and place and to the extent necessary to determine 
whether the seeds are in compliance with sections 39 to 51.  
    Subd. 5.  [NOTICE OF VIOLATION.] The commissioner shall 
promptly notify the person who sold, labeled, or transported 
seed that has been:  
    (1) found to be in violation of sections 39 to 51;  
    (2) placed under a stop sale order; or 
    (3) seized on complaint of the commissioner to a court of 
competent jurisdiction.  
    Subd. 6.  [STOP SALE ORDERS.] The commissioner may issue 
and enforce a written or printed "stop sale" order to the owner 
or custodian of any lot of seed which he finds to be in 
violation of sections 39 to 51.  The order shall prohibit 
further sale, conditioning, and movement of the seed, except on 
approval of the enforcing officer, until the officer has 
evidence that the law has been complied with and has issued a 
release from the "stop sale" order.  With respect to seed which 
has been denied sale, conditioning, or movement, the owner or 
custodian of the seed may appeal from the order to a court where 
the seeds are found, for the discharge of the seeds from the 
order prohibiting the sale, conditioning, or movement in 
accordance with the findings of the court.  This subdivision 
does not limit the right of the enforcement officer to proceed 
in a different fashion.  
    Subd. 7.  [SEIZURE.] Any lot of seed not in compliance with 
sections 39 to 51 is subject to seizure on complaint of the 
commissioner to a court of competent jurisdiction in the 
locality where the seed is located.  If the court finds the seed 
to be in violation and orders the condemnation of the seed, it 
shall be denatured, destroyed, relabeled, or otherwise disposed 
of in compliance with law.  In no instance shall the court order 
dispose of the seed without first giving the claimant an 
opportunity to apply to the court for the release of the seed or 
permission to condition or relabel it into compliance.  
    Subd. 8.  [INJUNCTION.] When the commissioner applies to 
any court for a temporary or permanent injunction restraining 
any person from violating or continuing to violate sections 39 
to 51, the injunction shall be issued without requiring a bond.  
    Subd. 9.  [PROSECUTIONS.] When the commissioner finds that 
a person has violated any part of sections 39 to 51, he may 
initiate court proceedings in the locality in which the 
violation occurred.  No prosecution shall be instituted without 
a person having an opportunity to appear in person or by a 
representative before the commissioner to provide evidence. 
Either a county attorney or the attorney general may prosecute 
actions under sections 39 to 51.  
    Subd. 10.  [COMMISSIONER MAY ALTER REQUIREMENTS IN 
EMERGENCIES.] In the event of acute shortages of any seed or 
seeds, or the occurrence of other conditions which in the 
opinion of the commissioner create an emergency which would make 
impractical the enforcement of any requirement of sections 39 to 
51 relating to the percentage of purity and weed seed content of 
any seed or seeds, the commissioner may temporarily change and 
alter any requirement relating to percentage of purity and weed 
seed content for the duration of the emergency.  
    Subd. 11.  [RULES.] The commissioner may make necessary 
rules, including temporary rules, for the proper enforcement of 
sections 39 to 51.  Existing rules shall remain in effect unless 
temporary or permanent rules are made that supercede them.  
    Subd. 12.  [SERVICE TESTING AND IDENTIFICATION.] The 
commissioner shall provide for purity and germination tests of 
seeds and identification of seeds and plants for farmers, 
dealers, and others.  He may establish and collect fees for 
testing and identification.  
     Subd. 13.  [SAMPLING EXPORT SEED.] The commissioner may 
sample agricultural, vegetable, flower, tree or shrub seeds 
which are destined for export to other countries.  He may 
establish and collect suitable fees from the exporter for this 
service.  
    Subd. 14.  [COOPERATION WITH UNITED STATES DEPARTMENT OF 
AGRICULTURE.] The commissioner shall cooperate with the United 
States department of agriculture in seed law enforcement.  
    Sec. 45.  [21.86] [UNLAWFUL ACTS.] 
    Subdivision 1.  [PROHIBITIONS.] A person may not advertise 
or sell any agricultural, vegetable, flower, or tree and shrub 
seed if:  
    (a) A test to determine the percentage of germination 
required by sections 41 and 42 has not been completed within a 
nine-month period, exclusive of the calendar month in which the 
test was completed.  This prohibition does not apply to tree, 
shrub, agricultural, or vegetable seeds packaged in hermetically 
sealed containers.  Seeds packaged in hermetically sealed 
containers under the conditions defined by rule may be offered 
for sale for a period of 36 months after the last day of the 
month that the seeds were tested for germination prior to 
packaging.  If seeds in hermetically sealed containers are 
offered for sale more than 36 months after the last day of the 
month in which they were tested prior to packaging, they must be 
retested within a nine-month period, exclusive of the calendar 
month in which the retest was completed;  
    (b) It is not labeled in accordance with sections 41 and 42 
or has false or misleading labeling;  
     (c) False or misleading advertisement has been used in 
respect to its sale;  
     (d) It contains prohibited noxious weed seeds;  
     (e) It consists of or contains restricted noxious weed 
seeds in excess of 25 seeds per pound or in excess of the number 
declared on the label attached to the container of the seed or 
associated with the seed;  
     (f) It contains more than one percent by weight of all weed 
seeds;  
     (g) It contains less than the stated net weight of contents;
     (h) It contains less than the stated number of seeds in the 
container;  
    (i) It contains any labeling, advertising, or other 
representation subject to sections 41 and 42 representing the 
seed to be certified unless:  
    (1) it has been determined by a seed certifying agency that 
the seed conformed to standards of purity and identity as to 
kind, species, subspecies, or variety, and also that tree seed 
was found to be of the origin and elevation claimed, in 
compliance with the rules pertaining to the seed; and 
    (2) the seed bears an official label issued for it by a 
seed certifying agency stating that the seed is of a certified 
class and a specified kind, species, subspecies, or variety;  
     (j) It is labeled with a variety name but not certified by 
an official seed certifying agency when it is a variety for 
which a United States certificate of plant variety protection 
has been granted under United States Code, title 7, sections 
2481 to 2486, specifying sale by variety name only as a class of 
certified seed.  Seed from a certified lot may be labeled as to 
variety name when used in a blend or mixture by or with approval 
of the owner of the variety; or 
    (k) The person whose name appears on the label does not 
have complete records including a file sample of each lot of 
agricultural, vegetable, flower, tree or shrub seed sold in this 
state as required in section 43.  
    Subd. 2.  [MISCELLANEOUS VIOLATIONS.] No person may:  
    (a) detach, alter, deface, or destroy any label required in 
sections 41 and 42 or alter or substitute seed in a manner that 
may defeat the purposes of sections 41 and 42;  
    (b) hinder or obstruct in any way any authorized person in 
the performance of duties under sections 39 to 51;  
    (c) fail to comply with a "stop sale" order or to move or 
otherwise handle or dispose of any lot of seed held under a stop 
sale order or attached tags, except with express permission of 
the enforcing officer for the purpose specified;  
    (d) use the word "type" in any labeling in connection with 
the name of any agricultural seed variety;  
    (e) use the word "trace" as a substitute for any statement 
which is required; or 
    (f) plant any agricultural seed which the person knows 
contains weed seeds or noxious weed seeds in excess of the 
limits for that seed.  
    Sec. 46.  [21.87] [EXEMPTION.] 
    Sections 41 and 42 do not apply:  
    (a) to seed or grain not intended for sowing purposes;  
    (b) to seed in storage in or being transported or consigned 
to a conditioning establishment for conditioning, provided that 
the invoice or label accompanying any shipment of the seeds 
bears the statement "seeds for conditioning," and provided that 
any labeling or other representation which may be made with 
respect to the unconditioned seed is subject to the provisions 
of sections 41 and 42; or 
    (c) to any carrier with respect to seed transported or 
delivered for transportation in the ordinary course of its 
business as a carrier, provided that the carrier is not engaged 
in producing, conditioning, or marketing seeds subject to 
sections 41 and 42.  
    Sec. 47.  [21.88] [PENALTIES.] 
    Subdivision 1.  [MISDEMEANOR; GROSS MISDEMEANOR.] A 
violation of sections 39 to 51 or a rule adopted under section 
44 is a misdemeanor.  Each additional day of violation is a 
separate offense.  A subsequent violation by a person is a gross 
misdemeanor.  
    Subd. 2.  [UNLAWFUL PRACTICE.] In addition to other 
penalties provided by law, a person who violates a provision of 
sections 39 to 51 or a rule adopted under section 44 has 
committed an unlawful practice under sections 325F.68 and 
325F.69 and is subject to the remedies provided in sections 8.31 
and 325F.70.  
    Subd. 3.  [PENALTIES NOT TO APPLY.] A person is not subject 
to the penalties in subdivision 1 or 2 for having sold seeds 
which were incorrectly labeled or represented as to kind, 
species, subspecies, if appropriate, variety, type, origin and 
year, elevation or place of collection if required, if the seeds 
cannot be identified by examination unless he has failed to 
obtain an invoice or genuine grower's or tree seed collector's 
declaration or other labeling information and to take other 
reasonable precautions to ensure the identity is as stated.  
    Sec. 48.  [21.89] [SEED FEE PERMITS.] 
    Subdivision 1.  [SEED FEE.] In order to pay for 
administering and enforcing sections 39 to 51, the commissioner 
shall establish the fees charged for various seeds and shall 
collect the fees on all seeds covered by sections 39 to 51.  
    Subd. 2.  [PERMITS; ISSUANCE, REVOCATION.] The commissioner 
shall issue a permit to the initial labeler of agricultural, 
vegetable, or flower seeds which are offered for sale in 
Minnesota and which conform to and are labeled under sections 39 
to 51.  The person shall furnish to the commissioner an itemized 
statement of all seeds sold in Minnesota for the periods 
established by the commissioner.  This statement shall be 
delivered, along with the payment of the fee, to the 
commissioner no later than 30 days after the end of each 
reporting period.  Any person holding a permit shall show as 
part of the analysis labels or invoices on all agricultural, 
vegetable, flower, tree or shrub seeds all information the 
commissioner requires.  The commissioner may revoke any permit 
in the event of failure to comply with applicable laws and rules.
    Subd. 3.  [PENALTY.] A penalty fee established by the 
commissioner shall be assessed any permit holder who fails to 
submit a statement and pay the fee due within the 30 days 
following the end of each reporting period.  
     Subd. 4.  [EXEMPTIONS.] A person who labels for sale 
agricultural, vegetable, or flower seeds must have a seed fee 
permit unless:  
    (a) The person labels and sells less than 50,000 pounds of 
agricultural seed in Minnesota each calendar year.  If more than 
50,000 pounds are labeled and sold in Minnesota by any person, 
the person must have a seed fee permit and pay fees on all seed 
sold.  A person who labels and sells grass seeds and mixtures of 
grass seeds intended for lawn or turf purposes is not exempted 
from having a permit and paying seed fees on all seeds in this 
category sold in Minnesota; or 
    (b) The agricultural, vegetable, or flower seeds are of the 
breeder or foundation seed classes of varieties developed by 
publicly financed research agencies intended for the purpose of 
increasing the quantity of seed available.  
    Sec. 49.  [21.90] [HYBRID SEED FIELD CORN VARIETY 
REGISTRATION.] 
    Subdivision 1.  [GROWING ZONES.] The director of the 
agricultural experiment station at the University of Minnesota 
shall determine, establish, and number or otherwise identify 
corn growing zones of the state and determine and publish a list 
of day classifications for each zone which will approximate the 
number of days growing season necessary for corn from emergence 
of the corn plants above ground after planting to relative 
maturity.  
     Subd. 2.  [FEES.] A record of each hybrid seed field corn 
variety to be sold in Minnesota shall be registered with the 
commissioner by February 1 of each year by the originator or 
owner.  The commissioner shall establish the annual fee for 
registration for each variety.  The record shall include the 
permanent designation of the hybrid as well as the day 
classification and zone of adaptation, as determined under 
subdivision 1, which the originator or owner declares to be the 
zone in which the variety is adapted.  In addition, at the time 
of the first registration of a hybrid seed field corn variety, 
the originator or owner shall include a sworn statement that his 
declaration of the zone of adaptation was based on actual field 
trials in that zone and that the field trials substantiate his 
declaration as to the day and zone classifications to which the 
variety is adapted.  The name or number used to designate a 
hybrid seed field corn variety in the registration is the only 
name of all seed corn covered by or sold under that registration.
    Subd. 3.  [TESTS OF VARIETIES.] If the commissioner needs 
to verify that a hybrid seed field corn variety is adapted to 
the corn growing zone declared by the originator or owner, it 
must, when grown in several official comparative trials by the 
director of the Minnesota agricultural experiment station in the 
declared zone of adaptation, have an average kernel moisture at 
normal harvest time which does not differ from the average 
kernel moisture content of three or more selected standard 
varieties adapted for grain production in that particular 
growing zone by more than four percentage points.  If a new 
variety when tested has more than six percentage points of 
moisture over the standard variety, it must have the relative 
maturity increased by five days in the correct zone of 
adaptation before it can be sold the second year.  If it does 
not exceed the standard varieties by more than five percentage 
points of moisture the second year tested, it can be sold the 
third year with the same relative maturity.  If upon being 
tested the third year the moisture percentage points are found 
to be over the four percentage points allowed, the variety then 
must have the relative maturity increased by five days in the 
correct zone.  The varieties to be used as standard varieties 
for determining adaptability to a zone shall be selected for 
each zone by the director of the Minnesota agricultural 
experiment station with the advice and consent of the 
commissioner of agriculture.  Should a person, firm, originator, 
or owner of a hybrid seed field corn variety wish to offer 
hybrid seed for sale or distribution in this state, the person, 
firm, originator, or owner not having distributed any products 
in Minnesota during the past ten years, or not having any record 
of testing by an agency acceptable to the commissioner, then 
after registration of the variety the commissioner is required 
to have the variety tested for one year by the director of the 
Minnesota agricultural experiment station before it may be 
distributed in Minnesota.  Should any person, firm, originator, 
or owner of a seed field corn variety be guilty of two 
successive violations with respect to the declaration of 
relative maturity date and zone number, then the violator must 
commence a program of pretesting for varieties as determined by 
the commissioner.  The list of varieties to be used as standards 
in each growing zone shall be sent by the commissioner not later 
than February 1 of each year to each seed firm registering 
hybrid varieties with the commissioner as of the previous April 
1.  To assist in defraying the expenses of the Minnesota 
agricultural experiment station in carrying out the provisions 
of this section, there shall be transferred annually from the 
seed inspection fund to the agricultural experiment station a 
sum which shall at least equal 80 percent of the total revenue 
from all hybrid seed field corn variety registrations.  
    Sec. 50. [21.91] [SEED CERTIFICATION AGENCIES.] 
     Subdivision 1.  [MINNESOTA.] The official seed 
certification agency for Minnesota shall be determined by the 
commissioner of agriculture and the director of the Minnesota 
agricultural experiment station.  
     Subd. 2.  [OTHER JURISDICTIONS.] The official seed 
certification agency for other jurisdictions shall be determined 
and the identity filed as a public record in the office of the 
commissioner of agriculture.  The determination shall be made by 
the commissioner of agriculture and the director of the 
Minnesota agricultural experiment station.  
    Sec. 51.  [21.92] [SEED INSPECTION FUND.] 
    There is established in the state treasury an account known 
as the seed inspection fund.  Fees and penalties collected by 
the commissioner under sections 39 to 51 shall be deposited into 
this account.  The rates at which the fees are charged may be 
adjusted pursuant to section 16A.28.  Money in this account, 
including interest earned and any appropriations made by the 
legislature for the purposes of sections 39 to 51, is annually 
appropriated to the commissioner for the administration and 
enforcement of sections 39 to 51.  
    Sec. 52.  Minnesota Statutes 1982, section 27.041, 
subdivision 2, is amended to read: 
    Subd. 2.  [LICENSES.] The license, or a certified copy 
thereof of the license, shall must be kept posted in the office 
of the licensee at each place within the state where he 
transacts business.  Every license shall expire June 30 
following its issuance and thereafter be renewed July 1 each 
year.  Any license issued under this subdivision shall is 
automatically be void upon the termination of the surety bond 
covering the licensed operation.  The fee for each license shall 
be based on the following schedule: 
   
               Penalty for
  License Fee  Late Renewal       Dollar Volume of Business
    $ 30         $ 9.60$10            $10,000 or less per month
    $ 60         $18$15       Over $10,000 to $50,000 per month
    $ 90 $180    $26.40$45   Over $50,000 to $100,000 per month
    $120 $240    $36$60                 Over $100,000 per month
    A fee of $5 $10 shall be charged for each certified copy of 
a license, $2 for each license identification card, and $2 for 
each license identification truck decal.  The commissioner shall 
make appropriate license fee adjustments for up to one year from 
July 1, 1975 for persons required to be licensed hereunder, who 
hold validly issued licenses as of the effective date of Laws 
1975, Chapter 227 under the provisions of law amended or 
repealed herein.  When the licensee sells, disposes of, or 
discontinues his business during the lifetime of his license he 
shall at the time the action is taken, notify the commissioner 
in writing, and upon demand produce before the commissioner a 
full statement of all assets and liabilities as of the date of 
transfer or discontinuance of the business. 
    All moneys Money collected from license fees shall be 
deposited in the state treasury. 
    Sec. 53.  Minnesota Statutes 1982, section 28A.08, is 
amended to read: 
    28A.08 [LICENSE FEES; PENALTIES.] 
    The fees for licenses and the penalties for late renewal 
thereof prescribed herein shall of licenses set in this section 
apply to the sections named except as provided under section 
28A.09.  Except as specified herein, bonds and assessments based 
on number of units operated or volume handled or processed which 
are provided for in said laws shall not be affected, nor shall 
any penalties for late payment of said assessments, nor shall 
inspection fees, be affected by this chapter. 
            Type of food handler          License Fee  Penalty
    1.   Retail food handler
         (a) Having gross sales of
         less than $250,000 $50,000 for 
         the immediately previous 
         license or fiscal year             $ 18  $25   $ 6 $10 
         (b) Having $50,000 to $250,000 
         gross sales for the immediately 
         previous license or fiscal year    $ 50        $13 
         (b) (c) Having $250,000 to $1,000,000
         gross sales for the immediately
         previous license or
         fiscal year                        $ 36 $100   $12 $25
         (c) (d) Having over $1,000,000 gross
         sales for the immediately
         previous license or fiscal year    $ 60 $200   $18 $50
    2.   Wholesale food handler             $ 36 $100   $12 $25
    3.   Food broker                        $ 18  $50   $ 6 $13
    4.   (a) Wholesale food processor
         or manufacturer                    $120        $36 
         (a) Having gross sales of less 
         than $250,000 for the immediately 
         previous license or fiscal year    $150        $38 
         (b) Having $250,000 to $1,000,000 
         gross sales for the immediately 
         previous license or fiscal year    $200        $50 
         (c) Having over $1,000,000 gross 
         sales for the immediately 
         previous license or fiscal year    $250        $63 
    5.   (b) Wholesale food processor
         of meat or poultry products
         under supervision of the
         U.S. Department of Agriculture     $ 60        $18 
         (a) Having gross sales of less 
         than $250,000 for the immediately 
         previous license of fiscal year    $ 75        $19 
         (b) Having $250,000 to $1,000,000 
         gross sales for the immediately 
         previous license or fiscal year    $ 90        $23 
         (c) Having over $1,000,000 gross 
         sales for the immediately 
         previous license or fiscal year    $105        $27 
     6.  (c)  Wholesale food manufacturer
         having the permission of the
         commissioner to use the name
         Minnesota farmstead cheese         $ 30       $12 $10
    Sec. 54.  Minnesota Statutes 1982, section 28A.09, is 
amended to read: 
    28A.09 [INSPECTION FEES FOR VENDING MACHINES.] 
    Subdivision 1.  [ANNUAL FEE; EXCEPTIONS.] Every coin 
operated food vending machine shall be is subject to an annual 
state inspection fee of $2 $5 for each nonexempt machine, 
provided that: 
    (a) Food vending machines may be inspected by either a home 
rule charter or statutory city, or a county, but not both, and 
if inspected by a home rule charter or statutory city, or a 
county they shall not be subject to the state inspection fee, 
but the home rule charter or statutory city, or the county may 
impose a reasonable inspection or license fee.  A home rule 
charter or statutory city or county that does not inspect food 
vending machines shall not impose a food vending machine 
inspection or license fee. 
    (b) Vending machines dispensing only bottled or canned soft 
drinks or ice manufactured and packaged by another shall be 
exempt from the state inspection fee, but may be inspected by 
the state, or by a home rule charter city or statutory city or a 
county which may impose a reasonable inspection or license fee. 
    Subd. 2.  [IDENTIFICATION; RULES.] The commissioner may 
require that any a vending machine shall must be identified in 
accordance with rules promulgated pursuant to chapter 14. 
    Sec. 55.  Minnesota Statutes 1982, section 32.075, is 
amended to read: 
    32.075 [TERM OF LICENSE; TRANSFERABILITY; FEES AND 
PENALTIES.] 
    Every license issued by the commissioner shall be for a 
period ending on the thirty-first day of December next 
following, and shall not be transferable.  The fee for each such 
initial license shall be $18 $25 and each renewal thereof shall 
be $7.20 $10 and shall be paid to the commissioner before any 
license or renewal thereof is issued.  If a license renewal is 
not applied for on or before January 1 of each year, a penalty 
of 25 percent of the license fee $10 shall be imposed.  A person 
who does not renew his license within one year following its 
December 31 expiration date, except those persons who do not 
renew such license while engaged in active military service, 
shall be required to prove his competency and qualification 
pursuant to section 32.073, before a license is issued.  The 
commissioner may require any other person who renews his license 
to prove his competency and qualification in the same manner.  
All license fees and penalties received by the commissioner 
shall be paid into the state treasury. 
    Sec. 56.  Minnesota Statutes 1982, section 32.59, is 
amended to read: 
    32.59 [NONRESIDENT MANUFACTURER LICENSE.] 
    Any person who manufactures frozen foods, mix, ice cream 
mix, mix base, or ice cream mix base outside of the state, for 
sale within the state, shall apply for registration with the 
department of agriculture in such the form, and furnish such 
with the information, as it may require the commissioner 
requires.  Samples of all frozen foods, mix, ice cream mix, mix 
base, or ice cream mix base, so manufactured for sale and sold 
within this state, shall must be submitted to the department.  
Each application for registration shall must be accompanied by a 
fee of $120 $150, which shall constitute is the registration fee 
in case if a certificate of registration is granted.  If the 
department of agriculture shall find finds that the samples so 
submitted are up to the accepted standards, and otherwise comply 
with the laws of this state, it shall issue to the applicant a 
certificate of registration.  The penalty for a late 
registration application is $38 if the registration is not 
renewed by January 1 of any year.  
    Sec. 57.  Minnesota Statutes 1982, section 34.02, is 
amended to read: 
    34.02 [LICENSES; EXCEPTIONS.] 
    No person shall may manufacture, mix, or compound any soft 
drinks or other non-alcoholic beverage, to be sold in bottles, 
barrels, kegs, jars, coolers, cans, glasses or tumblers, or 
other containers, without first having obtained a license 
therefor from the commissioner.  License fees shall be 
established in accordance with section 28A.05, clause (c).  
Sections 34.02 to 34.11 shall do not apply to beverages 
manufactured, mixed, or compounded in quantities of one quart or 
less at one time.  
    Sec. 58.  Minnesota Statutes 1982, section 34.05, 
subdivision 1, is amended to read: 
    Subdivision 1. Any person who distributes soft drinks or 
other non-alcoholic beverages manufactured outside of this 
state, for sale within this state, shall apply for registration 
with the commissioner in such the form and furnish such 
accompanied by information as he may require the commissioner 
requires.  Samples of all soft drinks or other non-alcoholic 
beverages manufactured for sale and sold within this state shall 
must be submitted to the commissioner once each year for 
laboratory examination.  Each application shall must be 
accompanied by a registration fee of $100 established in 
accordance with section 28A.05, clause (c), which shall 
constitute is the registration fee in case registration is 
granted, and one-half of which may be retained to reimburse the 
state for inspection should if registration be is refused.  If 
the commissioner finds that the samples submitted are up to 
accepted standards, and otherwise comply with the laws of this 
state, he shall issue to the applicant a certificate of 
registration. 
    Sec. 59.  Minnesota Statutes 1982, section 40.03, 
subdivision 2, as amended by Laws 1983, chapter 66, section 1, 
is amended to read: 
    Subd. 2.  [EMPLOYEES.] The department of agriculture shall 
provide administrative functions of this section.  The 
commissioner of agriculture shall make available by separate 
budget to the state soil and water conservation board the staff 
services, funds for operation, and office space necessary for 
the administration and coordination of its functions.  The state 
board shall be responsible to the commissioner for reporting 
purposes in regard to staff functions and operations which 
relate to department activities. 
    The commissioner of agriculture shall, subject to approval 
of the state board, provide an administrative officer and other 
necessary permanent and temporary technical experts, agents and 
employees.  The state board shall determine the personnel's 
qualifications and duties, and recommend compensation to the 
commissioner of employee relations.  The state board may call 
upon the attorney general for necessary legal services.  It 
shall have authority to delegate to its chairman or to one or 
more of its other officers or members or administrative officer 
any of its own powers and duties it may deem proper.  The 
administrative officer is responsible to the state board and may 
be dismissed by the commissioner of agriculture only upon the 
advice and recommendation of the state board.  All permanent 
personnel of the state board are employees of the department of 
agriculture and are in the classified service of the state 
except as otherwise required by statute.  In order to perform 
its duties, the state board may request information from the 
supervising officer of any state agency or state institution of 
higher education, including the state universities, the 
community colleges, and the post-secondary vocational technical 
schools.  The supervising officer shall comply with the state 
board's request to the extent possible considering available 
appropriations and may assign agency or institution employees to 
compile existing information and to complete special reports, 
surveys, or studies concerning the problems specified in section 
40.02. 
    Sec. 60.  Minnesota Statutes 1982, section 41.61, 
subdivision 1, as amended by H.F. No. 1308, enacted at the 1983 
regular session, is amended to read: 
    Subdivision 1.  There is created a special account in the 
state treasury for the purposes of financing the family farm 
security program.  
    Such sums as may be needed from time to time to pay lenders 
for defaulted loans and make other payments authorized by this 
chapter are appropriated from the general fund special account 
to the commissioner.  The sum of all outstanding family farm 
security loans guaranteed by the commissioner at any time shall 
not exceed $100,000,000. 
    Sec. 61.  Minnesota Statutes 1982, section 43A.04, is 
amended by adding a subdivision to read: 
    Subd. 8.  [DONATION OF TIME BY STATE PATROL.] 
Notwithstanding any law to the contrary, the commissioner shall 
authorize the appointing authority to permit the donation of up 
to three hours of accumulated vacation time in each year by each 
employee who is a member of law enforcement unit number 1 to 
their union representative for the purpose of carrying out the 
duties of his or her office.  
    Sec. 62.  Minnesota Statutes 1982, section 70A.06, is 
amended by adding a subdivision to read: 
    Subd. 5.  (1) Rates and changes and amendments of rates for 
policies of insurance against damage by hail must be filed with 
the commissioner 30 days prior to their effective date.  
    (2) An insurer increasing the rate charged for a policy of 
insurance against damage by hail shall notify the insured 30 
days prior to a renewal, if applicable.  
    Sec. 63.  Minnesota Statutes 1982, section 79.251, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ASSIGNED RISK PLAN REVIEW BOARD.] (1) An 
assigned risk plan review board is created for the purposes of 
review of the operation of sections 79.24 to 79.27.  The board 
shall have all the usual powers and authorities necessary for 
the discharge of its duties under this section and may contract 
with individuals in discharge of those duties.  
    (2) The board shall consist of five members to be appointed 
by the commissioner of insurance.  Two members shall be insureds 
holding policies issued pursuant to section 79.25.  Two members 
shall be members of the association.  The commissioner shall be 
the fifth member and shall vote.  
    Initial appointments shall be made by September 1, 1981 and 
terms shall be for three years duration.  Removal, the filling 
of vacancies and compensation of the members other than the 
commissioner shall be as provided in section 15.059.  
    (3) The assigned risk review board shall audit the reserves 
established by insurers (a) for individual cases arising under 
policies issued under section 79.25 and (b) for the total book 
of business issued under section 79.25.  
    (4) The assigned risk review board shall monitor the 
operations of sections 79.24 to 79.27 and shall periodically 
make recommendations to the commissioner, and to the governor 
and legislature when appropriate, for improvement in the 
operation of those sections.  
    (5) All members of the association issuing policies under 
section 79.25 shall pay and to the commissioner shall receive 
and disburse, on behalf of the board, a .25 percent assessment 
on premiums for policies issued under section 79.25 for the 
purpose of defraying the costs of the assigned risk review 
board.  Proceeds of the assessment shall be deposited in the 
state treasury and credited to the general fund.  
    Sec. 64.  Minnesota Statutes 1982, section 155A.07, 
subdivision 7, is amended to read: 
    Subd. 7.  [FEES.] Examination and licensing fees shall be 
established and adjusted, by rule, so that the total amount of 
fee income at least meets the anticipated costs, as provided in 
section 214.06 16A.128.  
    Sec. 65.  Minnesota Statutes 1982, section 155A.08, 
subdivision 5, is amended to read: 
    Subd. 5.  [FEES.] Licensing and inspection fees shall be 
established and adjusted, by rule, so that the total amount of 
fee income at least meets the anticipated costs, as provided in 
section 214.06 16A.128.  
    Sec. 66.  Minnesota Statutes 1982, section 169.81, 
subdivision 3b, is amended to read: 
    Subd. 3b.  [PERMITS FOR CERTAIN SEMITRAILERS; FEES.] The 
commissioner may issue an annual permit for a semitrailer in 
excess of 45 feet in length, if the distance from the kingpin to 
the center of the rearmost axle of the semitrailer does not 
exceed 40 feet, and if a combination of vehicles, which includes 
a semitrailer in excess of 45 feet for which a permit has been 
issued pursuant to this subdivision, does not exceed the length 
limits set out in this section.  The annual fee for a permit 
issued under this subdivision is $36 $40.  
    Sec. 67.  Minnesota Statutes 1982, section 169.86, 
subdivision 5, is amended to read: 
    Subd. 5.  [FEES.] The commissioner, with respect to 
highways under his jurisdiction, may charge a fee for each 
permit issued.  All such fees for permits issued by the 
commissioner of transportation shall be deposited in the state 
treasury and credited to the trunk highway fund.  Except for 
those annual permits for which the permit fees are specified 
elsewhere in this chapter, the fees shall be: 
    (a) $12 $15 for each single trip permit. 
    (b) $12 $36 for each job permit.  A job permit may be 
issued for like loads carried on a specific route for a period 
not to exceed two months.  "Like loads" means loads of the same 
product, weight and dimension. 
    (c) $60 for an annual permit to be issued for a period not 
to exceed 12 consecutive months.  Annual permits may be issued 
for: 
    (1) truck cranes;  
    (2) construction equipment, machinery, and supplies;  
    (3) manufactured homes;  
    (4) farm equipment when the movement is not made according 
to the provisions of section 169.80, subdivision 1, clauses (a) 
to (f).  
    (5) refuse compactor vehicles that carry a gross weight up 
to but not in excess of 22,000 pounds on a single rear axle and 
not in excess of 38,000 pounds on a tandem rear axle; 
    (6) (2) motor vehicles used to alleviate a temporary crisis 
adversely affecting the safety or well-being of the public; 
    (7) (3) motor vehicles which travel on interstate highways 
and carry loads authorized under subdivision 1a;  
    (d) $120 for an annual permit to be issued for a period not 
to exceed 12 consecutive months.  Annual permits may be issued 
for:  
    (1) truck cranes;  
    (2) construction equipment, machinery, and supplies;  
    (3) manufactured homes;  
    (4) farm equipment when the movement is not made according 
to the provisions of section 169.80, subdivision 1, clauses (a) 
to (f);  
    (5) double-deck buses;  
    (6) commercial boat hauling.  
    Sec. 68.  Minnesota Statutes 1982, section 169.862, is 
amended to read: 
    169.862 [PERMITS FOR WIDE LOADS OF BALED HAY.] 
    The commissioner of transportation, with respect to 
highways under his jurisdiction, and local authorities, with 
respect to highways under their jurisdiction, may issue an 
annual permit to enable a vehicle carrying round baled hay, with 
a total outside width of the vehicle or the load thereon not 
exceeding 11-1/2 feet, to be operated on public streets and 
highways.  Permits issued pursuant to this section shall be 
governed by the applicable provisions of section 169.86 except 
as otherwise provided herein, and in addition shall carry the 
following restrictions:  
             (a) The vehicles shall not be operated between sunset and 
sunrise, when visibility is impaired by weather, fog or other 
conditions rendering persons and vehicles not clearly visible at 
a distance of 500 feet, or on Saturdays, Sundays and holidays.  
             (b) The vehicles shall not be operated on interstate 
highways.  
    (c) The vehicles shall not be operated on a trunk highway 
with a pavement less than 24 feet wide.  
    (d) A vehicle operated under the permit shall be equipped 
with a retractable or removable mirror on the left side so 
located that it will reflect to the driver a clear view of the 
highway for a distance of at least 200 feet to the rear of the 
vehicle.  Simultaneous flashing amber lights, as provided in 
section 169.59, subdivision 4, shall be displayed to the front 
and rear of the vehicle.  The flashing amber lights shall be 
lighted only when the width of the load exceeds eight feet.  The 
flashing amber light system shall be in addition to and separate 
from the turn signal system and the hazard warning light system. 
    (e) A vehicle operated under the permit shall display red, 
orange or yellow flags, 12 inches square, as markers at the 
front and rear, and on both sides of the load.  The load shall 
be securely bound to the transporting vehicle.  
    The fee for the permit shall be $25 $24. 
    Sec. 69.  Minnesota Statutes 1982, section 170.23, is 
amended to read: 
    170.23 [ABSTRACTS; FEE; ADMISSIBLE IN EVIDENCE.] 
    The commissioner shall upon request furnish any person a 
certified abstract of the operating record of any person subject 
to the provisions of this chapter, and, if there shall be no 
record of any conviction of such person of violating any law 
relating to the operation of a motor vehicle or of any injury or 
damage caused by such person, the commissioner shall so 
certify.  Such abstracts shall not be admissible as evidence in 
any action for damages or criminal proceedings arising out of a 
motor vehicle accident.  A fee of $2.50 $5 shall be paid for 
each such abstract.  The commissioner shall permit a person to 
inquire into the operating record of any person by means of the 
inquiring person's own computer facilities for a fee to be 
determined by the commissioner of at least $2 for each inquiry. 
The commissioner shall furnish an abstract that is not certified 
for a fee to be determined by the commissioner in an amount less 
than the fee for a certified abstract but more than the fee for 
an inquiry by computer.  
    Sec. 70.  Minnesota Statutes 1982, section 171.26, is 
amended to read: 
    171.26 [MONEYS CREDITED TO TRUNK HIGHWAY FUND AND TO 
GENERAL FUND.] 
    All money received under the provisions of this chapter 
shall be paid into the state treasury with 90 percent of such 
money credited to the trunk highway fund, and ten percent 
credited to the general fund, except as provided in section 
171.29, subdivision 2. 
    Sec. 71.  Minnesota Statutes 1982, section 171.29, 
subdivision 2, is amended to read: 
    Subd. 2.  Any person whose drivers license has been revoked 
as provided in subdivision 1, except under section 169.121 or 
169.123, shall pay a $30 fee before his drivers license is 
reinstated.  A person whose drivers license has been revoked as 
provided in subdivision 1 under section 169.121 or 169.123 shall 
pay a $100 fee before his drivers license is reinstated; 75 
percent of this fee shall be credited to the trunk highway fund 
and 25 percent shall be credited to the general fund.  
    Sec. 72.  Minnesota Statutes 1982, section 173.07, 
subdivision 2, is amended to read: 
    Subd. 2.  The commissioner of transportation may renew each 
permit for additional one year periods upon the receipt of an 
application therefor made within 30 days of the expiration date 
of such permit together with the payment of an annual fee of $15 
$30.  The permit or renewal thereof shall be revocable for any 
violation of sections 173.01 to 173.11 or regulations adopted 
thereunder at any time by the commissioner of transportation on 
30 days written notice to the permit holder.  All fees collected 
shall be paid into the trunk highway fund. 
    Sec. 73.  Minnesota Statutes 1982, section 173.08, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ADVERTISING DEVICES RESTRICTED.] No 
advertising device, excepting the advertising devices described 
and permitted under Laws 1971, Chapter 883 sections 173.01 to 
173.27, shall be erected or maintained in an adjacent area, 
after June 8, 1971, except the following: 
    (a) Directional and other official signs, including, but 
not limited to, signs pertaining to natural wonders, scenic and 
historical attractions, which are required or authorized by law, 
and which comply with regulations which shall be promulgated by 
the commissioner relative to their lighting, size, spacing and 
other requirements as may be appropriate to implement Laws 1971, 
Chapter 883 sections 173.01 to 173.27; 
    (b) Advertising devices advertising the sale or lease of 
property upon which they are located, provided that there shall 
not be more than one such sign, advertising the sale or lease of 
the same property, visible to traffic proceeding in any one 
direction on any one interstate or primary highway; 
    (c) Advertising devices advertising activities conducted on 
the property on which they are located, including, without 
limiting the generality of the foregoing, goods, sold, stored, 
manufactured, processed or mined thereon, services rendered 
thereon, and entertainment provided thereon; 
    (d) Advertising devices stating the name and address of the 
owner, lessee or occupant of such property or information 
otherwise required or authorized by law to be posted or 
displayed thereon; 
    (e) Public utility signs; 
    (f) Service club and religious notices, except that a 
permit with a fee of $2 shall be required.;  
    (g) Advertising devices of which the advertising copy or 
the name of the owner thereof is in no part visible from the 
traveled way of the aforesaid highways; 
    (h) Advertising devices which are located, or which are to 
be located, in business areas and which comply, or will comply 
when erected, with the provisions of Laws 1971, Chapter 883 
sections 173.01 to 173.27.  
    Sec. 74.  Minnesota Statutes 1982, section 173.13, 
subdivision 4, is amended to read: 
    Subd. 4.  The annual fee for each such permit or renewal 
thereof shall be as follows: 
    (1) If the advertising area of the advertising device does 
not exceed 50 square feet, the fee shall be $10 $20. 
    (2) If the advertising area exceeds 50 square feet but does 
not exceed 300 square feet, the fee shall be $20 $40. 
    (3) If the advertising area exceeds 300 square feet, the 
fee shall be $40 $80. 
    (4) No fee shall be charged for a permit for directional 
and other official signs and notices as they are defined in 
section 173.02. 
    Sec. 75.  Minnesota Statutes 1982, section 174.24, 
subdivision 3, is amended to read: 
    Subd. 3.  [FINANCIAL ASSISTANCE.] Payment of financial 
assistance shall be by contract between the commissioner and an 
eligible recipient.  The commissioner shall determine the total 
operating cost of any public transit system receiving or 
applying for assistance in accordance with generally accepted 
accounting principles.  To be eligible for financial assistance, 
an applicant or recipient shall provide to the commissioner all 
financial records and other information and shall permit any 
inspection reasonably necessary to determine total operating 
cost and correspondingly the amount of assistance which may be 
paid to the applicant or recipient.  Where more than one county 
or municipality contributes assistance to the operation of a 
public transit system, the commissioner shall identify one as 
lead agency for the purpose of receiving moneys under this 
section.  
    The commissioner shall adopt rules establishing uniform 
performance standards for private operators of regular route 
transit systems in the transit taxing district, as defined in 
section 473.446, subdivision 2.  The rules are subject to the 
provisions in the administrative procedure act of sections 14.01 
to 14.70.  Payments to those private operators shall be based on 
the uniform performance standards and operating deficit and 
shall not exceed 100 percent of the operating deficit as 
determined by the commissioner.  Payments shall be based on 
approved estimates of expenditures during the contract period 
and shall be subject to audit and adjustment after any payment 
has been made. 
    Prior to distributing operating assistance to eligible 
recipients for any contract period, the commissioner shall place 
all recipients into one of the following classifications:  large 
urbanized area service, urbanized area service, small urban area 
service, rural area service, and elderly and handicapped 
service.  The commissioner shall distribute funds under this 
section so that the percentage of total operating cost paid by 
any recipient from local sources will not exceed the percentage 
for that recipient's classification, except as provided in an 
undue hardship case.  The percentages shall be: for large 
urbanized area service, 55 percent; for urbanized area service 
and small urban area service, 40 percent; for rural area 
service, 35 percent; and for elderly and handicapped service, 35 
percent.  The remainder of the total operating cost will be paid 
from state funds less any assistance received by the recipient 
from any federal source.  For purposes of this subdivision 
"local sources" means all local sources of funds and includes 
all operating revenue, tax levies, and contributions from public 
funds, except that the commissioner may exclude from the total 
assistance contract revenues derived from operations the cost of 
which is excluded from the computation of total operating cost.  
    If a recipient informs the commissioner in writing after 
the establishment of these percentages but prior to the 
distribution of financial assistance for any year that paying 
its designated percentage of total operating cost from local 
sources will cause undue hardship, the commissioner may reduce 
the percentage to be paid from local sources by the recipient 
and increase the percentage to be paid from local sources for 
all by one or more other recipients in its inside or outside the 
classification so that the total state funds to be received by 
all the recipients in the classification will not be altered, 
provided that no recipient shall have its percentage thus 
reduced or increased for more than two years successively.  If 
for any year the funds appropriated to the commissioner to carry 
out the purposes of this section are insufficient to allow the 
commissioner to pay the state share of total operating cost as 
provided in this paragraph, the commissioner shall reduce the 
state share in each classification to the extent necessary. 
    Sec. 76.  Minnesota Statutes 1982, section 174A.02, 
subdivision 2, is amended to read: 
    Subd. 2.  [SPECIFIC FUNCTIONS AND POWERS.] The board shall 
further hold hearings and issue orders in cases brought before 
it by either the commissioner or by a third party in the 
following areas:  
    (a) Adequacy of services which all carriers are providing 
to the public, including the continuation, termination or 
modification of all services and facilities. 
    (b) The reasonableness of tariffs of rates, fares, and 
charges, or any a part or classification thereof, and prescribe 
the form and manner of filing, posting and publication thereof.  
The board may authorize common carriers by rail and motor 
carrier for hire to file tariffs of rates, fares, and charges 
individually or by group.  All such Carriers participating in 
group rate making shall have the free and unrestrained right to 
take independent action either before or after any a 
determination arrived at through such procedure.  
    (c) The issuing of franchises, permits, or certificates of 
convenience and necessity.  
    Sec. 77.  Minnesota Statutes 1982, section 174A.06, is 
amended to read: 
    174A.06 [CONTINUATION OF RULES OF PUBLIC SERVICE 
COMMISSION, PUBLIC UTILITIES COMMISSION, AND DEPARTMENT OF 
TRANSPORTATION.] 
    All rules, Orders and directives heretofore in force, 
issued or promulgated by the public service commission, public 
utilities commission, or the department of transportation under 
authority of chapters 174, 216A, 218, 219, and 221 and 222 shall 
remain and continue in force and effect until repealed, modified 
, or superseded by duly authorized rules, orders or directives 
of the transportation regulation board.  Rules adopted by the 
public service commission, public utilities commission or the 
department of transportation under authority of the following 
sections are transferred to the transportation regulation board 
and continue in force and effect until repealed, modified, or 
superseded by duly authorized rules of the transportation 
regulation board:  
    (1) section 218.041 except rules related to the form and 
manner of filing railroad rates, railroad accounting rules, and 
safety rules;  
    (2) section 219.40;  
    (3) rules relating to rates or tariffs, or the granting, 
limiting, or modifying of permits or certificates of convenience 
and necessity under section 221.031, subdivision 1;  
    (4) rules relating to the sale, assignment, pledge, or 
other transfer of a stock interest in a corporation holding 
authority to operate as a permit carrier as prescribed in 
section 221.151, subdivision 1, or a local cartage carrier under 
section 221.296, subdivision 8;  
    (5) rules relating to rates, charges, and practices under 
section 221.161, subdivision 4; and 
    (6) rules relating to rates, tariffs, or the granting, 
limiting, or modifying of permits or certificates of convenience 
and necessity under section 221.296, subdivision 2.  
    The board shall review the transferred rules, orders, and 
directives and, when appropriate, develop and adopt new rules, 
orders, or directives within 18 months of July 1, 1981 1985. 
    Sec. 78.  Minnesota Statutes 1982, section 221.061, is 
amended to read: 
    221.061 [OPERATION CERTIFICATE FOR REGULAR ROUTE COMMON 
CARRIER OR PETROLEUM CARRIER.] 
    Any A person desiring a certificate authorizing operation 
as a regular route common carrier or petroleum carrier, or an 
extension of or amendment to such that certificate, shall file a 
petition therefor with the board which shall must contain such 
information as the board, by rule may prescribe. 
    Upon the filing of a petition for a certificate, the 
petitioner shall pay into the state treasury to the commissioner 
as a fee for the issuance thereof issuing the certificate the 
sum of $75 and for any a transfer or lease of such the 
certificate the sum of $37.50. 
    The petition shall must be processed as any other petition. 
The board shall cause a copy and a notice of hearing thereon to 
be served upon any a competing carrier operating into any a city 
located on the proposed route of the petitioner and to such 
other persons or bodies politic which the commission board deems 
interested in the petition.  Such A competing carrier and other 
persons or bodies politic are hereby declared to be interested 
parties to the proceedings. 
    If, during the hearing, an amendment to the petition is 
proposed which appears to be in the public interest, the board 
may allow the same it when the issues and the territory are not 
unduly broadened by the amendment. 
    Sec. 79.  Minnesota Statutes 1982, section 221.071, is 
amended to read: 
    221.071 [ISSUANCE OF CERTIFICATE TO REGULAR ROUTE COMMON 
CARRIER OR PETROLEUM CARRIER.] 
    If the board finds from the evidence that the petitioner is 
fit and able to properly perform the services proposed and that 
public convenience and necessity requires the granting of the 
petition or any a part thereof of it, it shall issue a 
certificate of public convenience and necessity to the 
petitioner.  In determining whether a certificate should be 
issued, the board shall give primary consideration to the 
interests of the public that might be affected thereby, to the 
transportation service being furnished by any a railroad which 
may be affected by the granting of the certificate, and to the 
effect which the granting of the certificate will have upon 
other transportation service essential to the communities which 
might be affected by the granting of the certificate.  The board 
may issue a certificate as applied for or issue it for a part 
only of the authority sought and may attach to the authority 
granted such terms and conditions as in its judgment public 
convenience and necessity may require. 
    The board may grant a temporary certificate, ex parte, 
valid for a period not exceeding six months, upon a showing that 
no regular route common carrier is then authorized to serve on 
the route sought, that there is no other petition on file with 
the board covering said route, and that there is a need for the 
proposed service. 
    A certificate which has been issued to a regular route 
common carrier may be amended by the board on ex parte petition 
and payment of a fee of $25 fee to the commissioner so as to 
grant an additional or alternate route where there is no other 
means of transportation over such the proposed additional route 
or between the termini thereon, and such the proposed additional 
route does not exceed ten miles in length. 
    Sec. 80.  Minnesota Statutes 1982, section 221.131, is 
amended to read: 
    221.131 [PERMITS; TERMS, FEES, IDENTIFICATION CARDS.] 
    Permits issued pursuant to under the provisions of sections 
221.011 to 221.291 shall be are effective for a 12-month period. 
Each permit holder shall have has one annual renewal date 
encompassing all of the permits held by him.  The permit holder 
shall pay into the treasury of the state of Minnesota to the 
commissioner a fee of $25 for each kind of permit, 
reinstatement, or extension of authority for which a petition is 
filed, except on annual renewal, pursuant to under section 
221.121 and a registration fee of $20 on each vehicle, including 
pickup and delivery vehicles, operated by him under authority of 
the permit during the 12-month period or fraction of the 
12-month period.  Trailers used by petitioner in combination 
with power units shall are not be counted as vehicles in the 
computation of fees under this section if the petitioner pays 
the fees for power units.  The commissioner shall furnish a 
distinguishing identification card for each vehicle or power 
unit for which a fee has been paid, which and the identification 
card shall must at all times be carried in the vehicle or power 
unit to which it has been assigned.  Identification cards may be 
reassigned to another vehicle or power unit without fee by the 
commissioner upon petition of the permit holder.  Identification 
cards issued under the provisions of this section shall be are 
valid only for the period for which the permit is effective.  
The name and residence of the permit holder shall must be 
stenciled or otherwise shown on both sides of each registered 
vehicle operated under the permit.  In the event a permit has 
been suspended or revoked, the board may consider a petition for 
reinstatement of the permit, upon the same procedure required 
for an original petition, and may, in its discretion, grant or 
deny the permit.  Regular route common carriers and petroleum 
carriers, operating under sections 221.011 to 221.291, shall 
annually on or before January 1 of each calendar year, pay into 
the treasury of the state of Minnesota to the commissioner an 
annual registration fee of $20 for each vehicle, including 
pickup and delivery vehicles, operated during any a calendar 
year. 
    The department may issue special "floater" identification 
cards up to a maximum of five per motor carrier.  Floater cards 
may be freely transferred between vehicles used under short-term 
leases by the motor carrier.  The motor carrier shall pay to the 
commissioner a fee of $100 for each floater card issued.  
    A fee of $3 shall be, to be paid to the commissioner, is 
charged for the replacement of an unexpired identification card 
which has been lost or damaged by the owner. 
    The provisions of this section are limited by the 
provisions of any applicable federal law. 
    Sec. 81.  Minnesota Statutes 1982, section 221.221, is 
amended to read:  
    221.221 [ENFORCEMENT POWERS.] 
    Transportation representatives and hazardous material 
specialists of the department for the purpose of enforcing the 
provisions of this chapter and section 296.17, subdivisions 10 
and 17 and the applicable rules, orders, or directives of the 
commissioner, the commissioner of revenue, and the board issued 
pursuant to under this chapter and chapter 296, but for no other 
purpose, shall have all the powers conferred by law upon police 
officers.  The powers shall include the authority to conduct 
inspections at designated highway weigh stations or under other 
appropriate circumstances within the state for the purpose of 
viewing log books, licenses, health certificates and other 
documents or equipment required to be maintained within 
commercial motor vehicles operating in Minnesota pursuant to 
applicable state motor vehicle carrier laws and rules. 
    Sec. 82.  Minnesota Statutes 1982, section 221.296, 
subdivision 5, is amended to read: 
    Subd. 5.  [PERMIT FEES.] Upon filing of a petition for a 
permit the petitioner shall pay to the state treasury 
commissioner as a fee for the issuance thereof of the permit, 
the sum of $50, and shall thereafter pay an annual renewal fee 
of $75 plus $5 per motor vehicle if the local cartage carrier 
operates less than five motor vehicles, or $100 plus $5 per 
motor vehicle if the local cartage carrier operates at least 
five but less than 15 motor vehicles, or $150 plus $5 per motor 
vehicle if the local cartage carrier operates 15 or more 
vehicles provided that said the $5 per motor vehicle charge 
shall does not apply to taxicabs operated pursuant to under a 
local cartage permit.  Upon issuance of the permit the 
commissioner shall assign the carrier a permit number, which 
shall must be painted or prominently displayed on both sides of 
all vehicles used by the local cartage carrier under authority 
of said the permit. 
    Sec. 83.  Minnesota Statutes 1982, section 221.64, is 
amended to read: 
    221.64 [REGISTRATION FEE; EXEMPTIONS.] 
    Such Registration as herein provided shall must be granted 
upon petition, without hearing, upon payment of an initial 
filing fee in the amount of $25 to the commissioner.  Upon 
petition, and payment of said the fee if applicable, the 
commissioner shall furnish to the registration holder a 
distinguishing identification stamp for each motor vehicle 
included in said the registration which and the stamp shall 
must at all times be carried in the registered vehicle of the 
registration holder.  For each identification stamp issued, the 
commissioner shall establish and collect a fee of no more than 
$5 to be deposited in the state treasury, provided that a lesser 
fee may be collected pursuant to under the terms of reciprocal 
agreements between the commissioner and the regulatory bodies of 
other states or provinces of the Dominion of Canada. 
    Sec. 84.  Minnesota Statutes 1982, section 221.81, is 
amended to read: 
    221.81 [BUILDING MOVER REGULATION.] 
    Subdivision 1.  [DEFINITION DEFINITIONS.] For the purposes 
of this section, the terms used in this section have the 
meanings given them in this subdivision.  
    (a) "Building mover" means any a person, corporation, or 
other entity engaged in the business of raising, supporting off 
the foundation, and moving buildings, excluding manufactured 
homes on and over public streets and highways.  Building mover 
does not include a person who moves manufactured homes or 
farmers moving farm buildings.  
    (b) "Political subdivision" means a city, town, or county.  
    (c) "Road authority" has the meaning given it in section 
160.02, subdivision 9.  
    Subd. 2.  [LICENSE.] All building movers operating in 
Minnesota shall be licensed by the board No person may operate 
as a building mover in this state unless licensed by the 
commissioner. 
    Subd. 3.  [LICENSE APPLICATION.] To obtain a license to 
operate as a building mover an applicant shall file a petition 
an application with the commissioner specifying the name and 
address of its officers and other information as the board 
commissioner may reasonably require.  The board commissioner 
shall issue the license upon compliance by the applicant with 
bonding and insuring insurance requirements set by rule of the 
department and payment of an initial $150 filing fee.  A license 
once granted shall continue continues in full force and effect, 
subject to a $100 annual renewal fee and compliance with bonding 
and insuring insurance requirements, unless revoked or suspended.
    The commissioner, upon approval of a license for a building 
mover, shall issue a sufficient number of cab cards to each 
licensed mover to provide one cab card for each power unit used 
in moving buildings.  The fee is $50 $10 for each cab card 
issued. The cab card must be carried at all times in a readily 
available place in the cab of the power unit for which it was 
issued.  The building mover may also purchase up to five floater 
cab cards for a fee of $200 $100 for each floater card issued.  
Cab cards shall be are effective for a 12-month period and shall 
continue from year to year thereafter upon payment of the 
required fee.  Cab cards shall are only be good for the period 
for which the license is effective.  
    Licenses shall be transferable pursuant to the provisions 
of section 221.151.  
    Subd. 3a.  [INSURANCE.] Each building mover shall have in 
effect the following:  
    (a) comprehensive general liability insurance including 
completed operations, underground property damage, and collapse 
coverage in the amount of at least $500,000 for bodily injury or 
property damage; and 
    (b) motor vehicle liability insurance in the amount of at 
least $500,000 for bodily injury or property damage.  
    The insurance must be written by an insurer licensed to do 
business in the state of Minnesota.  Each building mover shall 
file with the commissioner a certificate evidencing the 
insurance.  The insurance policy must provide that the policy 
may not be canceled without the insurer first giving 30 days 
written notice to the commissioner of the impending cancellation.
    Subd. 3b.  [LOCAL PERMITS.] A building mover may not move a 
building on or across a street or highway without first 
obtaining a permit from the road authority having jurisdiction 
over the street or highway.  A permit for the movement of a 
building may not be granted to a building mover who does not 
possess a current license issued by the commissioner.  
    Subd. 3c.  [LOCAL REGULATION.] No license to move buildings 
or bond, cash deposit, or insurance coverage may be required by 
a political subdivision of the state other than the license and 
insurance coverage required by the commissioner.  A road 
authority may charge a fee for services performed and may 
require a permit which reasonably regulates the hours, routing, 
movement, parking, or speed limit for a building mover operating 
on streets or highways under its jurisdiction.  A building mover 
shall comply with the state building code in jurisdictions which 
have adopted the state building code, and with local ordinances 
which regulate the moving or removing of buildings.  A building 
mover may not be required to pay a route approval fee to, or 
obtain a permit for the movement of a building on streets or 
highways from, a political subdivision which is not also the 
road authority.  This section does not prohibit a political 
subdivision from charging a permit fee for regulation of 
activities which do not involve the use of public streets or 
highways.  Neither the state nor a political subdivision may 
regulate rates charged by building movers.  
    Subd. 4.  [LICENSE REVOCATION, SUSPENSION, DENIAL.] The 
board commissioner, after notice and a hearing, may revoke, 
suspend, or deny a license for: 
    (a) failure to pay application or renewal fees;  
    (b) failure to comply with bonding and insuring 
requirements;  
    (c) Conduct of the applicant or license holder that impairs 
usage of to reimburse the road authority for damage to public 
highways, roads, streets, or utilities which are not paid for by 
the license holders insurer; 
    (d) (b) conduct of the applicant or license holders that 
endangers the health and safety of users of the public highways, 
roads, streets, or utilities; or 
    (e) a course of (c) conduct of the applicant or license 
holder that demonstrates unsafe or hazardous operation of the 
business obstructs traffic in a manner other than as authorized 
in the permit;  
    (d) violation of the provisions of this section; or 
    (e) failure to obtain required local moving permits or 
permits required by section 169.86.  
    Subd. 5.  [SUSPENSION BY COMMISSIONER.] The commissioner 
may shall suspend a license without a hearing for the following 
reasons:  
    (1) (a) failure to pay the application or renewal fee; or 
    (2) (b) failure to comply with bonding and insurance 
requirements.  
    The suspension shall continue continues until the fees have 
been are paid and the bonding and insurance requirements have 
been are satisfied.  
    Subd. 6.  [APPLICATION OF VIOLATION AND PENALTY PROVISIONS 
PENALTIES.] The violation and penalty provisions of section 
221.291 are applicable to this section A person who violates, or 
aids or abets the violation of, any of the provisions of this 
section is guilty of a misdemeanor.  Every distinct violation is 
a separate offense.  
    Subd. 7.  [RULES.] The commissioner shall promulgate rules 
establishing bonding and insuring requirements.  
    Subd. 8.  [LOCAL REGULATION.] No license to move buildings, 
bond or insurance coverage shall be required by a political 
subdivision of the state other than the license, bond and 
insurance coverage issued or required by the board or 
commissioner.  A political subdivision or the department may 
require a permit which reasonably regulates the hours, routing, 
movement, parking or speed limit for a building mover operating 
on streets or roads within the jurisdiction of the political 
subdivision or highways within the jurisdiction of the 
commissioner.  Neither the state nor a political subdivision may 
regulate rates charged by building movers.  
    Subd. 9.  [FEES DEPOSITED IN GENERAL FUND.] All fees 
collected pursuant to this section shall be deposited in the 
general fund.  
    Sec. 85.  [221.82] [RECEIPTS TO BE CREDITED TO TRUNK 
HIGHWAY FUND.] 
    Money received by the commissioner under the provisions of 
this chapter shall be paid into the state treasury and credited 
to the trunk highway fund.  
    Sec. 86.  [221.83] [COSTS TO BE PAID FROM THE TRUNK HIGHWAY 
FUND.] 
    The costs of administering the provisions of this chapter 
shall be paid from the trunk highway fund.  
    Sec. 87.  Minnesota Statutes 1982, section 296.17, 
subdivision 10, is amended to read:  
    Subd. 10.  [LICENSE.] (a) No motor carrier shall may 
operate a commercial motor vehicle upon the highways of this 
state unless and until he has been issued a license pursuant to 
this section or has obtained a trip permit or temporary 
authorization as provided in this section. 
    (b) A license shall be issued to any responsible person 
qualifying as a motor carrier who makes application therefor and 
who shall pay pays to the commissioner, at the time thereof, a 
license fee of $10 $20.  Such The license shall remain is 
valid for a period of up to two years or until revoked by the 
commissioner or until surrendered by the motor carrier.  All 
outstanding licenses will expire on March 31 of each 
even-numbered year beginning with 1984 and may be renewed upon 
application to the commissioner and payment of the $20 fee.  
Such The license, photocopy, or electrostatic copy of it, shall 
be carried in the cab of every commercial motor vehicle while it 
is being operated in Minnesota by a licensed motor carrier. 
    Sec. 88.  Minnesota Statutes 1982, section 296.17, 
subdivision 17, is amended to read:  
    Subd. 17.  [TRIP PERMITS AND TEMPORARY AUTHORIZATIONS.] (a) 
A motor carrier may obtain a trip permit which shall authorize 
an unlicensed motor carrier to operate a commercial motor 
vehicle in Minnesota for a period of five consecutive days 
beginning and ending on the dates specified on the face of the 
permit.  The fee for such the permit shall be $5 $15.  Fees for 
trip permits shall be in lieu of the road tax otherwise 
assessable against such the motor carrier on account of such the 
commercial motor vehicle operating therewith, and no reports of 
mileage shall be required with respect to such the vehicle. 
    The above permit shall be issued in lieu of license if in 
the course of the motor carrier's operations he operates on 
Minnesota highways no more than three times in any one calendar 
year. 
    (b) Whenever the commissioner is satisfied that unforeseen 
or uncertain circumstances have arisen which requires a motor 
carrier to operate in this state a commercial motor vehicle for 
which neither a trip permit pursuant to clause (a) of this 
subdivision nor a license pursuant to subdivisions 7 to 22 has 
yet been obtained, and if the commissioner is satisfied that 
prohibition of such that operation would cause undue hardship, 
the commissioner may provide the motor carrier with temporary 
authorization for the operation of such the vehicle.  A motor 
carrier receiving temporary authorization pursuant to this 
subdivision shall perfect the same either by obtaining a trip 
permit or a license, as the case may be, for the vehicle at the 
earliest practicable time. 
    Sec. 89.  Minnesota Statutes 1982, section 296.17, 
subdivision 20, is amended to read:  
    Subd. 20.  [ENFORCEMENT POWERS.] (a) The commissioner is 
hereby authorized and directed to enforce the provisions of 
subdivisions 7 to 22.  In addition, the commissioner of public 
safety is hereby authorized and directed to utilize use the 
Minnesota state patrol to assist in the enforcement of the 
provisions of subdivisions 7 to 22 and the commissioner of 
transportation is authorized and directed to enforce the 
provisions of subdivisions 10 and 17 as provided in section 
221.221. 
    (b) The officers of the Minnesota state patrol shall in 
addition to all other powers granted to them by Minnesota 
Statutes have the power of making arrests, service process, and 
appearing in court in all matters and things relating to 
subdivisions 7 to 22 and the administration and enforcement 
thereof. 
    Sec. 90.  Minnesota Statutes 1982, section 296.25, 
subdivision 1, is amended to read: 
    Subdivision 1.  Any person who fails to comply with any 
provisions of sections 296.01 to 296.421, or who makes any false 
statement in any report, record, or sales ticket required by 
sections 296.12, 296.14, 296.17, subdivision 5, 296.18, 
subdivision 2, or 296.21, shall be guilty of a misdemeanor.  A 
minimum fine of $200 shall be imposed on a person who fails to 
obtain a license or trip permit required under section 296.17, 
subdivisions 10 and 17.  
    Prosecutions commenced under this section may be brought in 
the county in which the defendant resides or in Ramsey county.  
    The county attorney of any county in which such the action 
is commenced, shall on request of the commissioner of revenue, 
prosecute violations of this chapter.  Costs, fees, and expenses 
incurred by any county attorney in litigation in connection with 
such actions the action may be paid from appropriations to the 
commissioner of revenue for the administration of this chapter. 
    Sec. 91.  Minnesota Statutes 1982, section 299C.37, 
subdivision 3, is amended to read: 
    Subd. 3.  The superintendent of the bureau shall, upon 
written application, issue a written permit, which shall be 
nontransferable, to any a person of good moral character, firm, 
or corporation showing good cause to use such radio equipment 
capable of receiving any a police emergency frequency, as a 
necessity, in the lawful pursuit of a business, trade, or 
occupation. 
    Sec. 92.  Minnesota Statutes 1982, section 299C.46, 
subdivision 3, is amended to read: 
    Subd. 3.  The datacommunications network shall be used 
exclusively for criminal justice agencies of the state in 
connection with enforcement of the criminal or traffic laws of 
the state. 
    The commissioner of public safety, after consultation with 
representatives of participating criminal justice agencies, may 
shall establish a monthly operational network access charge to 
be paid by each participating criminal justice agency in the 
event that money available to the commissioner for this purpose 
is not adequate to pay these costs.  The network access charge 
shall be a standard fee established for each terminal, computer, 
or other equipment directly addressable by the criminal justice 
datacommunications network, as follows:  January 1, 1984 to 
December 31, 1984, $40 connect fee per month; January 1, 1985 
and thereafter, $50 connect fee per month.  
    The commissioner of public safety is authorized to arrange 
for the connection of the datacommunications network with the 
criminal justice information system of the federal government, 
any adjacent state, or Canada. 
    Sec. 93.  Minnesota Statutes 1982, section 299D.03, 
subdivision 8, is amended to read: 
    Subd. 8.  [CAUSES FOR DISCHARGE.] Causes for suspension, 
demotion, or discharge shall be: A trooper who has completed six 
months of continuous employment shall not be suspended, demoted 
or discharged except for just cause.  For purposes of this 
section, just cause includes, but is not limited to:  
    (1) conviction of any criminal offense in any court of 
competent jurisdiction subsequent to the commencement of such 
employment; 
    (2) neglect of duty or willful violation or disobedience of 
orders or rules; 
    (3) inefficiency in performing duties; 
    (4) immoral conduct or conduct injurious to the public 
welfare, or conduct unbecoming an officer; or 
    (5) incapacity or partial incapacity affecting his normal 
ability to perform his official duties. 
    Sec. 94.  Minnesota Statutes 1982, section 299D.03, 
subdivision 9, is amended to read: 
    Subd. 9.  [CHARGES AGAINST TROOPERS.] (a) Charges against 
any state trooper shall be made in writing and signed and sworn 
to by the person making the same, which written charges shall be 
filed with the commissioner.  Upon the filing of same, if the 
commissioner shall be of the opinion that such charges 
constitute a ground for suspension, demotion, or discharge, he 
shall order a hearing to be had thereon and fix a time for such 
hearing and may designate a subordinate as his deputy to conduct 
such hearing.  Otherwise he shall dismiss the charges shall be 
held on them.  The hearing shall be conducted by an arbitrator 
selected by the parties from a list of five arbitrators provided 
by the bureau of mediation services.  At least ten 30 days 
before the time appointed for the hearing, written notice 
specifying the charges filed and stating the name of the person 
making the charges, shall be served on the employee personally 
or by leaving a copy thereof at his usual place of abode with 
some person of suitable age and discretion then residing 
therein.  If the commissioner orders a hearing he may suspend 
such employee pending his decision to be made after such before 
the hearing. 
    (b) Members of the state patrol shall have the option of 
utilizing either the contractual grievance procedure or the 
legal remedies of this section, but in no event both.  
    (c) The commissioner, after having been informed by the 
exclusive representative that the employee against whom charges 
have been filed desires to utilize the grievance procedure of 
the labor agreement, may immediately suspend, demote or 
discharge the employee without the hearing required by clause 
(a). 
    Sec. 95.  Minnesota Statutes 1982, section 299D.03, 
subdivision 10, is amended to read: 
    Subd. 10.  [HEARING ON CHARGES, DECISION, PUNISHMENT.] The 
commissioner or his designated subordinate shall have power to 
compel the attendance of witnesses at any such hearing and to 
examine them under oath, and to require the production of books, 
papers, and other evidence at any such hearing, and for that 
purpose may issue subpoenas and cause the same to be served and 
executed in any part of the state.  The employee accused shall 
be entitled to be confronted with the witnesses against him and 
have an opportunity to cross-examine the same and to introduce 
at such hearing testimony in his own behalf, and to be 
represented by counsel at such hearing.  If the hearing is 
conducted by a designated subordinate of the commissioner such 
designated subordinate upon completion of the hearing shall 
forthwith transmit a transcript of the testimony of the hearing, 
together with his recommendations, to the commissioner.  The 
commissioner, within 25 days after such hearing, shall render 
his decision in writing and file the same in his office.  If 
after such hearing he finds that any such charge made against 
such state employee is true, he may punish the offending party 
by reprimand, suspension without pay, demotion, or dismissal. If 
upon any such hearing the commissioner shall find the charges 
made against such trooper are not true, or dismiss such charges 
after such hearing, such trooper shall be reinstated in his 
position and any salary or wages withheld from him pending the 
determination or decision of the commissioner upon such charges 
shall be paid to such trooper by the commissioner out of state 
funds.  The arbitrator may compel the attendance of witnesses at 
the hearing and examine them under oath, and may require the 
production of books, papers, and other evidence at the hearing, 
and for that purpose may issue subpoenas and cause them to be 
served and executed in any part of the state.  The employee 
accused is entitled to be confronted with the witnesses against 
him and may cross-examine them and may introduce at the hearing 
testimony in his own behalf, and to be represented by counsel at 
the hearing.  
    Sec. 96.  Minnesota Statutes 1982, section 299D.03, 
subdivision 11, is amended to read: 
    Subd. 11.  [REVIEW BY CERTIORARI OF ARBITRATION AWARD.] Any 
state trooper who is so suspended, demoted, or dismissed may 
have such decision or determination of the commissioner reviewed 
by a writ of certiorari arbitrator reviewed pursuant to the 
Uniform Arbitrator Act in the district court of the county where 
such trooper resides.  If such decision or determination of the 
commissioner arbitrator shall be finally rejected or modified by 
the court, the trooper shall be reinstated in his position, and 
the commissioner shall pay to the trooper so suspended out of 
the funds of the state the salary or wages withheld from him 
pending the determination of the charges or as may be directed 
by the court. 
    Sec. 97.  Minnesota Statutes 1982, section 343.01, 
subdivision 3, is amended to read: 
    Subd. 3.  The society shall must be governed by a board of 
directors consisting of seven persons appointed by the 
governor.  The governor, the commissioner of education, and the 
attorney general, or their designees shall serve as ex officio, 
nonvoting members of the board.  The membership terms, 
compensation, removal, and filling of vacancies of board members 
other than ex officio members shall be as provided in section 
15.0575; provided that the terms of two initial members shall 
expire in each of 1979, 1980, and 1981, and the term of the 
seventh initial member shall expire in 1982.  The members of the 
board shall annually elect a chairman and other officers as 
deemed necessary.  Meetings shall must be called by the chairman 
or at least two other members.  The governor shall appoint an 
executive director who shall serve in the unclassified civil 
service at the governor's pleasure for a term coterminous with 
that of the governor.  The board executive director may employ 
other staff who shall serve in the unclassified civil service at 
the pleasure of the board.  The commissioner of administration 
upon request of the board executive director shall supply the 
board with necessary office space and administrative services, 
and the board shall reimburse the commissioner for the cost 
thereof. 
    Sec. 98.  Minnesota Statutes 1982, section 352.86, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ELIGIBILITY; RETIREMENT ANNUITY.] Any 
person who is employed by the department of transportation in 
the civil service employment classification of aircraft pilot or 
chief pilot who is covered by the general employee retirement 
plan of the Minnesota state retirement system pursuant to 
section 352.01, subdivision 23, who elects this special 
retirement coverage pursuant to subdivision 3, who is prohibited 
from performing the duties of aircraft pilot or chief pilot 
after attaining the age of 60 62 years by a regulation of the 
federal aviation administration adopted by the commissioner of 
transportation and who terminates employment as a state employee 
upon attaining that age shall be entitled, upon application, to 
a retirement annuity computed in accordance with section 
352.115, subdivisions 2 and 3, without any reduction for early 
retirement pursuant to section 352.116, subdivision 1.  
    Sec. 99.  Minnesota Statutes 1982, section 352.86, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [DISABILITY BENEFITS.] An employee described in 
subdivision 1, who is less than 62 years of age and who becomes 
disabled and physically or mentally unfit to perform his duties 
due to injury, sickness, or other disability, and who is found 
disqualified for retention as chief pilot or pilot as a result 
of a physical examination required by applicable federal laws or 
regulations, shall be entitled upon application to disability 
benefits for a maximum of five years in the amount of 75 percent 
of current monthly salary, to be paid by the appointing 
authority from the state airports fund.  In no case shall 
disability benefits continue beyond the age of 62 years.  These 
benefits are in lieu of all other state benefits for the 
disability, including, but not limited to, workers' compensation 
benefits.  
    Sec. 100.  Minnesota Statutes 1982, section 360.018, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERALLY.] The general public interest 
and safety, the safety of persons receiving instruction 
concerning or operating, using, or traveling in aircraft and of 
persons and property on the ground, and the interest of 
aeronautical progress requiring that aircraft operated within 
this state should be airworthy, that airmen and those engaged in 
air instruction should be properly qualified, and that airports, 
restricted landing areas, and air navigation facilities should 
be suitable for the purposes for which they are designed; the 
purposes of sections 360.013 to 360.075, requiring that the 
commissioner should be enabled to exercise the powers of 
supervision therein granted; and the advantages of uniform 
regulation making it desirable that aircraft operated within 
this state should conform with respect to design, construction 
and airworthiness to the standards prescribed by the United 
States government with respect to civil aircraft subject to its 
jurisdiction and that persons engaging in aeronautics within 
this state should have the qualifications necessary for 
obtaining and holding appropriate airman certificates of the 
United States, the commissioner is authorized: 
    (1) To require the registration annually of federal 
licenses, permits, or certificates of civil aircraft engaged in 
air navigation within this state, and to issue certificates of 
such registration, which certificates may be the same as the 
certificates issued pursuant to section 360.59, subdivision 3.  
The application for registration made pursuant to sections 
360.54 to 360.67 shall be considered as the application for 
registration required by this section. 
    (2) The certificates of registration of aircraft issued 
pursuant to this section shall constitute licenses of such 
aircraft for operations within this state to the extent 
permitted by the federal licenses, certificates, or permits so 
registered.  The application for registration shall contain such 
information as the commissioner may by rule, regulation, or 
order prescribe.  The first application for registration made in 
this state shall be verified by the applicant.  The second and 
succeeding applications for registration need not be verified.  
Each application for registration of aircraft shall be made as 
required by sections 360.54 to 360.67. 
    (3) To license any person engaged in commercial operations 
in accordance with rules and regulations to be adopted by the 
commissioner and to annually renew such a license.  The rules 
and regulations adopted hereunder shall provide for: 
    (a) the maximum fee to be charged any one person for an 
original license and the renewal thereof, such maximum fee not 
to exceed $10;  
    (b) compliance with all requirements of the United States 
government relating to permits or certificates governing 
aircraft and airmen; and 
    (c) (b) compliance with all laws of the state of Minnesota 
and rules and regulations of any state department or agency 
promulgated thereunder;.  
     The fee for an original license or renewal license is $30.  
    (4) To approve airport and restricted landing area sites 
and to license airports, restricted landing areas, or other air 
navigation facilities, in accordance with rules and regulations 
to be adopted by the commissioner, and to renew such licenses.  
Licenses granted under this subdivision or under any prior law 
shall be renewed annually or every three years upon payment of 
the fee therefor, and licenses shall be granted for airports and 
restricted landing areas which were being operated under a 
license on the 1st day of July 1943, without requirements of a 
certificate of approval, unless the commissioner shall 
reasonably determine, after a public hearing to be called by him 
and held in the same manner and upon the same notice as is 
provided for hearings upon certificates of approval or original 
licenses, that the operation of such airport or restricted 
landing area is hazardous to persons operating, using, or 
traveling in aircraft or to persons and property on the ground.  
He shall make no charge for approval certificates of proposed 
property acquisition for airport or restricted landing area 
purposes.  He may charge The fee for the issuance of each 
original license for an airport or restricted landing area not 
to exceed $10 is $15 per year and not to exceed $25 $40 for 
three years, based on classifications made by the commissioner. 
    (5) To suspend or revoke any license or certificate of 
registration of an aircraft or licensee of commercial operations 
issued by him, or to refuse to issue any such license or 
certificate of registration, when he shall reasonably determine 
that any aircraft is not airworthy or that any licensee of 
commercial operations is not qualified has engaged in 
advertising by means of false or deceptive statements, has been 
found guilty of gross incompetency or gross negligence, has been 
found guilty of fraud, dishonesty, forgery, or theft, has 
willfully violated the provisions of sections 360.013 to 
360.075, the rules and regulations prescribed pursuant thereto, 
or any other statute of this state relating to aeronautics, or 
any act of congress or any rule or regulation promulgated 
pursuant thereto, is addicted to the use of narcotics or other 
habit forming drug or to the excessive use of intoxicating 
liquor, has made any false statement in any application for 
registration of a federal license, certificate or permit, or has 
been guilty of other conduct, acts, or practices dangerous to 
the public safety and the safety of those engaged in aeronautics.
    Sec. 101.  [ACCOUNT TRANSFERRED.] 
    The air transportation revolving account in the trunk 
highway fund is transferred to the state airports fund and 
renamed the air transportation services account.  
    Sec. 102.  [360.024] [AIR TRANSPORTATION SERVICES.] 
    The commissioner shall charge users of air transportation 
services provided by the commissioner for all direct and 
indirect operating costs, excluding salaries and acquisition of 
aircraft.  All receipts for these services shall be deposited in 
the air transportation services account in the state airports 
fund and are appropriated to the commissioner to pay all direct 
and indirect air service operating costs, excluding salaries.  
    Sec. 103.  Minnesota Statutes 1982, section 360.63, is 
amended to read: 
    360.63 [DEALER'S LICENSE.] 
    Subdivision 1.  Any person engaged in the business of 
selling, purchasing, or dealing in aircraft, new or used, and 
who desires to withhold aircraft owned by him from tax as 
provided in sections 360.511 to 360.67, may apply to the 
commissioner for an aircraft dealer's license.  In order to 
qualify for an aircraft dealer's license the applicant shall 
show that he has an established place of business on an airport 
licensed as a public airport by the commissioner and that he has 
the necessary buildings, facilities and equipment for the proper 
storage and maintenance of aircraft in accordance with such 
rules and regulations as may be established by the 
commissioner.  The commissioner may charge a fee of $10 for each 
license which license shall be effective for one year from the 
date of its issuance or he may authorize an aircraft dealer to 
operate under a flight operator's license as otherwise provided 
by Minnesota Statutes 1945, chapter 360, as amended.  The 
commissioner is empowered to suspend or revoke any license 
issued by him when he shall determine that the holder thereof 
has violated any of the provisions of sections 360.511 to 360.67 
or has failed to maintain any of the requirements necessary to 
obtain such license.  
    Subd. 2.  Any licensed aircraft dealer may apply to the 
commissioner for one or more aircraft dealer's plates.  A charge 
of $5 $15 shall be made for each such plate.  Any aircraft owned 
by said dealer may be used for the purpose of demonstration or 
for any purpose incident to the usual conduct and operation of 
his business as an aircraft dealer provided aircraft dealer's 
plates are conspicuously attached to the aircraft when so used, 
and provided said aircraft has been first listed with the 
commissioner on an aircraft withholding form provided by him. 
    Sec. 104.  Minnesota Statutes 1982, section 473.408, 
subdivision 3, is amended to read: 
    Subd. 3.  [SPECIAL FARES.] In off-peak hours the commission 
and other operators shall charge the following reduced fares for 
transit service:  
    (a) not more than 20 25 cents plus any zone charges for all 
persons under the age of 18 holding an identification card 
issued by the commission;  
    (b) not more than ten 25 cents for all persons 65 years of 
age and over holding a medicare card or other identification 
card authorized or approved by the commission; and 
    (c) not more than one-half of the full fare for all 
handicapped persons, as defined by the commission.  
    Sec. 105.  Minnesota Statutes 1982, section 473.436, is 
amended by adding a subdivision to read: 
    Subd. 6.  [TEMPORARY BORROWING.] On or after the first day 
of any fiscal year, the commission may borrow money which may be 
used or expended by the commission for any purpose, including 
but not limited to current expenses, capital expenditures and 
the discharge of any obligation or indebtedness of the 
commission.  The indebtedness shall be represented by a note or 
notes which may be issued from time to time in any denomination 
and sold at public or private sale pursuant to a resolution 
authorizing the issuance thereof, which resolution shall set 
forth the form and manner of execution of the notes and shall 
contain other terms and conditions the commission deems 
necessary or desirable to provide security for the holders of 
the notes.  The note or notes shall be payable from committed or 
appropriated money of grants or loans of the state or federal 
government made to the commission, and the money may be pledged 
to the payment of the notes.  To the extent the notes are not 
paid from the grant or loan money pledged for the payment 
thereof, the notes shall be paid with the interest thereon from 
any taxes, income and revenue received or accrued during the 
fiscal year in which the note or notes were issued, or other 
money of the commission lawfully available therefor.  
    Sec. 106.  Minnesota Statutes 1982, section 473.446, 
subdivision 1, as amended by Laws 1983, chapter 17, section 13, 
is amended to read:  
    Subdivision 1.  [TAXATION WITHIN TRANSIT TAXING DISTRICT.] 
For the purposes of sections 473.401 to 473.451 and the 
metropolitan transit system, except as otherwise provided in 
this subdivision the metropolitan transit commission shall levy 
each year upon all taxable property within the metropolitan 
transit taxing district, defined in subdivision 2, a transit tax 
consisting of: 
    (a) An amount equal up to two mills times the assessed 
value of all such property, based upon the level of transit 
service provided for the property, the proceeds of which shall 
be used for payment of the expenses of operating transit and 
paratransit service; 
    (b) An additional amount, if any, as the commission 
determines to be necessary to provide for the full and timely 
payment of its certificates of indebtedness and other 
obligations outstanding on July 1, 1977, to which property taxes 
under this section have been pledged; and 
    (c) An additional amount necessary to provide full and 
timely payment of certificates of indebtedness, bonds, or other 
obligations issued or to be issued pursuant to section 473.436 
for purposes of acquisition and betterment of property and other 
improvements of a capital nature and to which the commission has 
specifically pledged tax levies under this clause. 
    Sec. 107.  Minnesota Statutes 1982, section 500.221, 
subdivision 4, is amended to read: 
    Subd. 4.  [REPORTS.] Any natural person, corporation, 
partnership, limited partnership, trustee, or other business 
entity prohibited from future acquisition of agricultural land 
may retain title to any agricultural land lawfully acquired 
within this state prior to June 1, 1981, but shall file a report 
with the commissioner of agriculture annually before January 31 
containing a description of all agricultural land held within 
this state, the purchase price and market value of the land, the 
use to which it is put, the date of acquisition and any other 
reasonable information required by the commissioner.  The 
commissioner shall make the information available to the 
public.  All required annual reports shall include a filing fee 
of $35 $50 plus $10 for each additional quarter section of land. 
    Sec. 108.  Minnesota Statutes 1982, section 626.553, 
subdivision 2, is amended to read: 
    Subd. 2.  Whenever a peace officer discharges a firearm in 
the course of duty, other than for training purposes or the 
killing of an animal that is sick, injured, or dangerous, 
notification shall be filed within 30 days of the incident by 
the officer's department head with the commissioner of public 
safety.  The notification shall contain information concerning 
the reason for and circumstances surrounding discharge of the 
firearm.  The commissioner of public safety shall file a report 
with the legislature by November 15 of each even numbered year 
containing summary information concerning use of firearms by 
peace officers. 
    Sec. 109.  Minnesota Statutes 1982, section 626.88, 
subdivision 3, is amended to read: 
    Subd. 3.  [EXCEPTION.] Security guards employed by the 
capitol complex security division of the department of public 
safety are not required to comply with subdivision 2 until April 
July 1, 1983 1985, at which time they shall be subject to the 
same uniform color restrictions as other security guards. 
    Sec. 110.  [TEMPORARY LEGISLATIVE STUDY COMMISSION ON 
METROPOLITAN TRANSIT.] 
    Subdivision 1.  [CREATION; MEMBERSHIP.] A temporary 
legislative study commission on metropolitan transit is created 
consisting of five members of the house of representatives and 
five members of the senate, named by the customary appointing 
authority in each house.  Members must be compensated in the 
same manner and amount as for other legislative service.  
    Subd. 2.  [ORGANIZATION; STAFF.] The commission shall 
choose a chairperson and other officers as necessary.  Staff and 
administrative support for the commission must be provided by 
existing legislative service offices.  
    Subd. 3.  [STUDY.] The commission shall evaluate:  
    (a) the objectives of the Metropolitan Transit Commission 
established for the seven-county metropolitan area, and its 
effectiveness in achieving the purposes established by the 
legislature;  
    (b) the powers, responsibilities, and external 
accountability of the transit commission;  
    (c) the internal structure of the transit commission, 
including the contractual relationship with the management 
company;  
    (d) the efficiency of current labor practices and contracts 
relative to use of labor required for peak hours;  
    (e) governmental arrangements for transit planning and 
development in the metropolitan area, including the relationship 
with the department of transportation, the metropolitan council, 
and the transportation advisory board;  
    (f) the proper role of the transit commission in the 
governance, regulation, and coordination of transit and other 
public transportation services in the metropolitan area;  
    (g) the financing of public transit in the metropolitan 
area, including fare structures and sources and amounts of 
subsidy; and 
    (h) the effectiveness of the metropolitan transit service 
demonstration program.  
    Subd. 4.  [REPORT.] The commission shall submit a report of 
its findings and recommendations to the legislature by February 
1, 1984.  
    Subd. 5.  [REPEALER.] This section is repealed on February 
2, 1984.  
    Sec. 111.  Laws 1975, chapter 235, section 2, is amended to 
read:  
    Sec. 2.  This act is effective July 1, 1975 and shall 
expire June 30, 1983 1987. 
    Sec. 112.  Laws 1977, chapter 277, section 1, is amended to 
read: 
    Section 1.  [TRANSPORTATION; HIGHWAY AND BRIDGE BONDS.] 
    The commissioner of finance is authorized and directed, 
upon request of the commissioner of transportation, to issue and 
sell Minnesota trunk highway bonds under the provisions of 
Minnesota Statutes, Sections 167.50 to 167.52 and of the 
Minnesota Constitution, Article XI, Sections 4 to 7, and Article 
XIV, 
Section 11, at such times and in such amounts as may be 
requested by the commissioner of transportation.  Bonds issued 
pursuant to this section are authorized in an aggregate 
principal amount of $50,000,000.  The proceeds of such bonds 
sold on or before April 6, 1983 shall be deposited in a separate 
bridge construction account in the trunk highway fund.  The 
proceeds of bonds sold after April 6, 1983 shall be deposited in 
a separate capital improvement account in the trunk highway fund 
and are appropriated to the commissioner of transportation for 
capital improvements on the trunk highway system, including 
interstate routes.  
    Sec. 113.  Laws 1977, chapter 277, section 3, subdivision 
1, is amended to read: 
    Subdivision 1.  The sum of $50,000,000 $31,000,000, or so 
much thereof as is determined to be needed, is appropriated from 
the separate bridge construction account in the trunk highway 
fund created pursuant to section 1, to the department of 
transportation for the design, construction and reconstruction 
of key bridges and bridge approaches on the trunk highway system 
including interstate routes.  Any money appropriated under this 
subdivision shall be expended in accordance with the 
requirements for expenditure of money from the Minnesota state 
transportation fund for trunk highway bridges as those 
requirements are provided in Minnesota Statutes, Section 174.50 
and in rules promulgated pursuant to that section. 
    Sec. 114.  Laws 1983, chapter 17, section 12, is amended to 
read: 
    Sec. 12.  [TRUNK HIGHWAY BONDS.] 
    The commissioner of finance is authorized and directed, on 
request of the commissioner of transportation, to issue and sell 
Minnesota trunk highway bonds under the provisions of Minnesota 
Statutes, sections 167.50 to 167.52 and of the Minnesota 
Constitution, article XI, sections 4 to 6, and article XIV, 
section 11, at the time and in the amounts requested by the 
commissioner of transportation.  Bonds issued under this section 
are authorized in an aggregate principal amount of $56,000,000.  
The proceeds of the bonds shall be deposited in a separate 
capital improvement account in the trunk highway fund 
and are appropriated to the commissioner of transportation for 
capital improvements on the trunk highway system, including 
interstate routes.  
    Sec. 115.  [REPEALER.] 
    Minnesota Statutes 1982, sections 21.47; 21.48; 21.49; 
21.50; 21.502; 21.503; 21.51; 21.52; 21.53; 21.54; 21.55; 21.56; 
21.57; 21.58; 24.24; 24.25; 24.26; 24.27; 24.28; 24.29; 24.30; 
24.31; 160.26, subdivision 3; 174A.07; 299C.37, subdivision 4; 
326.54; 326.541; 326.542; 326.543; 326.544; 326.545; 326.546; 
and 326.547, are repealed.  
    Sec. 116.  [EFFECTIVE DATE.] 
    Sections 104 to 106 are effective the day following final 
enactment in the counties of Anoka, Carver, Dakota, Hennepin, 
Ramsey, Scott, and Washington.  
    Sections 29, and 111 to 114 are effective the day following 
final enactment.  Section 61 is effective January 1, 1984. 
Sections 85 and 86 are effective July 1, 1985. 
    Approved June 7, 1983

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569