as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to legislation; correcting erroneous, 1.3 ambiguous, and omitted text and obsolete references; 1.4 eliminating certain redundant, conflicting, and 1.5 superseded provisions; making miscellaneous technical 1.6 corrections to statutes and other laws; amending 1.7 Minnesota Statutes 2000, sections 3.85, subdivision 6; 1.8 12.31, subdivision 1; 13.06, subdivision 4; 13.51, 1.9 subdivision 3; 13.54, subdivision 5; 15.059, 1.10 subdivision 5a; 16B.126; 16B.55, subdivision 4; 1.11 16B.61, subdivision 3; 16E.04, subdivision 2; 18B.36, 1.12 subdivision 1; 60B.03, subdivision 6; 62G.20, 1.13 subdivision 4; 62L.02, subdivision 24; 65B.05; 69.021, 1.14 subdivision 5; 80C.01, subdivision 4; 80C.147; 84.965, 1.15 subdivision 2; 84.98, subdivision 5; 85.055, 1.16 subdivision 1; 86B.331, subdivision 1; 103G.201; 1.17 103G.2242, subdivision 12; 103G.2243, subdivision 2; 1.18 115.49, subdivision 4; 116J.994, subdivision 6; 1.19 116J.995; 116L.01, subdivision 1; 116P.08, subdivision 1.20 2; 124D.892, subdivision 3; 145.61, subdivision 5; 1.21 148.6402, subdivisions 14 and 16; 148.6420, 1.22 subdivisions 2 and 4; 148.6425, subdivisions 2 and 3; 1.23 148.6448, subdivision 1; 168.012, subdivision 1; 1.24 171.173; 204D.25, subdivision 1; 216B.2424, 1.25 subdivision 6; 237.065, subdivision 1; 237.763; 1.26 237.764, subdivision 3; 237.773, subdivision 1; 1.27 256B.50, subdivision 1; 260B.007, subdivision 16; 1.28 268.022, subdivision 1; 268.6715; 270.67, subdivision 1.29 4; 289A.18, subdivision 4; 289A.40, by adding a 1.30 subdivision; 289A.60, subdivisions 12 and 21; 297I.60, 1.31 subdivision 2; 299C.67, subdivision 2; 299N.02, 1.32 subdivision 2; 322B.960, subdivision 1; 356.371, 1.33 subdivision 1; 356.62; 356.65, subdivision 1; 401.06; 1.34 462.352, subdivisions 5, 7, 9, 10, and 15; 462.358, 1.35 subdivision 2a; 469.126, subdivision 2; 469.301, 1.36 subdivision 1; 469.304, subdivision 1; 504B.181, 1.37 subdivision 4; 504B.365, subdivision 3; 515B.1-102; 1.38 518.131, subdivision 10; 609.596, subdivision 3; and 1.39 626.556, subdivision 11; repealing Minnesota Statutes 1.40 2000, sections 13.99, subdivision 1; 115B.22, 1.41 subdivision 8; 148.6402, subdivision 18; 168.54, 1.42 subdivision 6; 462.352, subdivision 17; 469.301, 1.43 subdivisions 6, 7, and 8; Laws 1997, chapter 85, 1.44 article 4, section 29; Laws 2000, chapter 254, section 1.45 30; and Laws 2000, chapter 444, article 2, sections 9 1.46 and 10. 2.1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.2 REVISOR'S BILL 2.3 Section 1. Minnesota Statutes 2000, section 3.85, 2.4 subdivision 6, is amended to read: 2.5 Subd. 6. [ASSISTANCE OF OTHER AGENCIES.] The commission 2.6 may request information from any state officer or agency or 2.7 public pension fund or plan as defined in section 2.8356.61356.615, paragraph (b), including a volunteer 2.9 firefighters' relief association to which sections 69.771 to 2.10 69.776 apply, to assist it to carry out the terms of this 2.11 section. The officer, agency, or public pension fund or plan 2.12 shall promptly furnish any data requested. 2.13 Sec. 2. Minnesota Statutes 2000, section 12.31, 2.14 subdivision 1, is amended to read: 2.15 Subdivision 1. [DECLARATION OF NATIONAL SECURITY 2.16 EMERGENCY.] When information from the President of the United 2.17 States, the Federal Emergency Management Agency, the Department 2.18 of Defense, or the National Warning System indicates the 2.19 imminence of a national security emergency within the United 2.20 States, which means the several states, the District of 2.21 Columbia, and the Commonwealth of Puerto Rico,and the Panama2.22Canal Zone,or the occurrence within the state of Minnesota of a 2.23 major disaster from enemy sabotage or other hostile action, the 2.24 governor may, by proclamation, declare that a national security 2.25 emergency exists in all or any part of the state. If the 2.26 legislature is then in regular session, or, if it is not, if the 2.27 governor concurrently with the proclamation declaring the 2.28 emergency issues a call convening immediately both houses of the 2.29 legislature, the governor may exercise for a period not to 2.30 exceed 30 days the powers and duties conferred and imposed by 2.31 sections 12.31 to 12.37. The lapse of these emergency powers 2.32 does not, as regards any act occurring or committed within the 2.33 30-day period, deprive any person, political subdivision, 2.34 municipal corporation, or body politic of any right to 2.35 compensation or reimbursement that it may have under this 2.36 chapter. 3.1 Sec. 3. Minnesota Statutes 2000, section 13.06, 3.2 subdivision 4, is amended to read: 3.3 Subd. 4. [PROCEDURE WHEN CLASSIFICATION AFFECTS OTHERS.] 3.4 If the commissioner determines that an application for temporary 3.5 classification involves data which would reasonably be 3.6 classified in the same manner by all agencies, political 3.7 subdivisions, or statewide systems similar to the one which made 3.8 the application, the commissioner may approve or disapprove the 3.9 classification for data of the kind which is the subject of the 3.10 application for the use of all agencies, political subdivisions, 3.11 or statewide systems similar to the applicant. On deeming this 3.12 approach advisable, the commissioner shall provide notice of the 3.13 proposed action by publication in the State Registerand by3.14notification to the intergovernmental information systems3.15advisory council,within ten days of receiving the application. 3.16 Within 30 days after publication in the State Registerand3.17notification to the council,an affected agency, political 3.18 subdivision, the public, or statewide system may submit comments 3.19 on the commissioner's proposal. The commissioner shall consider 3.20 any comments received when granting or denying a classification 3.21 for data of the kind which is the subject of the application, 3.22 for the use of all agencies, political subdivisions, or 3.23 statewide systems similar to the applicant. Within 45 days 3.24 after the close of the period for submitting comment, the 3.25 commissioner shall grant or disapprove the application. 3.26 Applications processed under this subdivision shall be either 3.27 approved or disapproved by the commissioner within 90 days of 3.28 the receipt of the application. For purposes of subdivision 1, 3.29 the data which is the subject of the classification shall be 3.30 deemed to be classified as set forth in the application for a 3.31 period of 90 days, or until the application is disapproved or 3.32 granted by the commissioner, whichever is earlier. If requested 3.33 in the application, or determined to be necessary by the 3.34 commissioner, the data in the application shall be so classified 3.35 for all agencies, political subdivisions, or statewide systems 3.36 similar to the applicant until the application is disapproved or 4.1 granted by the commissioner, whichever is earlier. Proceedings 4.2 after the grant or disapproval shall be governed by the 4.3 provisions of subdivision 5. 4.4 Sec. 4. Minnesota Statutes 2000, section 13.51, 4.5 subdivision 3, is amended to read: 4.6 Subd. 3. [DATA ON INCOME OF INDIVIDUALS.] Income 4.7 information on individuals collected and maintained by political 4.8 subdivisions to determine eligibility of property for 4.9classification 4c under section 273.13, subdivision 25,4.10paragraph (c)class 4d under section 273.126 and 273.13, is 4.11 private data on individuals as defined in section 13.02, 4.12 subdivision 12. 4.13 Sec. 5. Minnesota Statutes 2000, section 13.54, 4.14 subdivision 5, is amended to read: 4.15 Subd. 5. [PRIVATE DATA ON INDIVIDUALS.] Income information 4.16 on individuals collected and maintained by a housing agency to 4.17 determine eligibility of property forclassification 4c under4.18section 273.13, subdivision 25, paragraph (c)class 4d under 4.19 sections 273.126 and 273.13, is private data on individuals as 4.20 defined in section 13.02, subdivision 12. The data may be 4.21 disclosed to the county and local assessors responsible for 4.22 determining eligibility of the property for classification4c4d. 4.23 Sec. 6. Minnesota Statutes 2000, section 15.059, 4.24 subdivision 5a, is amended to read: 4.25 Subd. 5a. [LATER EXPIRATION.] Notwithstanding subdivision 4.26 5, the advisory councils and committees listed in this 4.27 subdivision do not expire June 30, 1997. These groups expire 4.28 June 30, 2001, unless the law creating the group or this 4.29 subdivision specifies an earlier expiration date. 4.30 Investment advisory council, created in section 11A.08; 4.31Intergovernmental information systems advisory council,4.32created in section 16B.42, expires June 30, 1999;4.33 Feedlot and manure management advisory committee, created 4.34 in section 17.136; 4.35 Aquaculture advisory committee, created in section 17.49; 4.36 Dairy producers board, created in section 17.76; 5.1 Pesticide applicator education and examination review 5.2 board, created in section 18B.305; 5.3 Advisory seed potato certification task force, created in 5.4 section 21.112; 5.5 Food safety advisory committee, created in section 28A.20; 5.6Minnesota organic advisory task force, created in section5.731.95;5.8 Public programs risk adjustment work group, created in 5.9 section 62Q.03; 5.10 Workers' compensation self-insurers' advisory committee, 5.11 created in section 79A.02; 5.12 Youth corps advisory committee, created in section 84.0887; 5.13 Iron range off-highway vehicle advisory committee, created 5.14 in section 85.013; 5.15 Mineral coordinating committee, created in section 93.002; 5.16 Game and fish fund citizen advisory committees, created in 5.17 section 97A.055; 5.18Wetland heritage advisory committee, created in section5.19103G.2242;5.20 Wastewater treatment technical advisory committee, created 5.21 in section 115.54; 5.22 Solid waste management advisory council, created in section 5.23 115A.12; 5.24 Nuclear waste council, created in section 116C.711; 5.25 Genetically engineered organism advisory committee, created 5.26 in section 116C.93; 5.27 Environment and natural resources trust fund advisory 5.28 committee, created in section 116P.06; 5.29 Child abuse prevention advisory council, created in section 5.30 119A.13; 5.31Chemical abuse and violence prevention council, created in5.32section 119A.293;5.33Youth neighborhood centers advisory board, created in5.34section 119A.295;5.35 Interagency coordinating council, created in section 5.36 125A.28, expires June 30, 1999; 6.1 Desegregation/integration advisory board, created in 6.2 section 124D.892; 6.3 Nonpublic education council, created in section 123B.445; 6.4 Permanent school fund advisory committee, created in 6.5 section 127A.30; 6.6 Indian scholarship committee, created in section 124D.84, 6.7 subdivision 2; 6.8 American Indian education committees, created in section 6.9 124D.80; 6.10 Summer scholarship advisory committee, created in section 6.11 124D.95; 6.12 Multicultural education advisory committee, created in 6.13 section 124D.894; 6.14 Male responsibility and fathering grants review committee, 6.15 created in section 124D.33; 6.16 Library for the blind and physically handicapped advisory 6.17 committee, created in section 134.31; 6.18 Higher education advisory council, created in section 6.19 136A.031; 6.20 Student advisory council, created in section 136A.031; 6.21 Cancer surveillance advisory committee, created in section 6.22 144.672; 6.23 Maternal and child health task force, created in section 6.24 145.881; 6.25 State community health advisory committee, created in 6.26 section 145A.10; 6.27 Mississippi River Parkway commission, created in section 6.28 161.1419; 6.29 School bus safety advisory committee, created in section 6.30 169.435; 6.31 Advisory council on workers' compensation, created in 6.32 section 175.007; 6.33 Code enforcement advisory council, created in section 6.34 175.008; 6.35 Medical services review board, created in section 176.103; 6.36 Apprenticeship advisory council, created in section 178.02; 7.1 OSHA advisory council, created in section 182.656; 7.2 Health professionals services program advisory committee, 7.3 created in section 214.32; 7.4 Rehabilitation advisory council for the blind, created in 7.5 section 248.10; 7.6 American Indian advisory council, created in section 7.7 254A.035; 7.8 Alcohol and other drug abuse advisory council, created in 7.9 section 254A.04; 7.10 Medical assistance drug formulary committee, created in 7.11 section 256B.0625; 7.12 Home care advisory committee, created in section 256B.071; 7.13 Preadmission screening, alternative care, and home and 7.14 community-based services advisory committee, created in section 7.15 256B.0911; 7.16 Traumatic brain injury advisory committee, created in 7.17 section 256B.093; 7.18 Minnesota commission serving deaf and hard-of-hearing 7.19 people, created in section 256C.28; 7.20 American Indian child welfare advisory council, created in 7.21 section 260.835; 7.22 Juvenile justice advisory committee, created in section 7.23 268.29; 7.24 Northeast Minnesota economic development fund technical 7.25 advisory committees, created in section 298.2213; 7.26 Iron range higher education committee, created in section 7.27 298.2214; 7.28 Northeast Minnesota economic protection trust fund 7.29 technical advisory committee, created in section 298.297; 7.30 Chemical abuse and violence prevention council, created in 7.31 section 299A.293; 7.32 Youth neighborhood centers advisory board, created in 7.33 section 299A.295; 7.34 Advisory council on battered women and domestic abuse, 7.35 created in section 611A.34. 7.36 Sec. 7. Minnesota Statutes 2000, section 16B.126, is 8.1 amended to read: 8.2 16B.126 [FUNDS FOR ENERGY EFFICIENT BULBS.] 8.3 State agencies in the executive, legislative, and judicial 8.4 branches that purchase replacement bulbs in accordance with 8.5 section 16B.61, subdivision 3, paragraph(l)(k), must use money 8.6 allocated for utility expenditures for the purchase. 8.7 Sec. 8. Minnesota Statutes 2000, section 16B.55, 8.8 subdivision 4, is amended to read: 8.9 Subd. 4. [PERSONAL VEHICLES.] No state employee shall be 8.10 compensated by the state for use of a personal vehicle for 8.11 travel between the employee's residence and the state work 8.12 station to which the employee is permanently assigned, except 8.13 pursuant to a collective bargaining agreement negotiated under 8.14 chapter179179A or a compensation plan adopted by the 8.15 commissioner of employee relations under section 43A.05. A 8.16 collective bargaining agreement or compensation plan may only 8.17 provide for this compensation in cases in which an employee is 8.18 called back to work during hours when the employee is not 8.19 normally working. 8.20 Sec. 9. Minnesota Statutes 2000, section 16B.61, 8.21 subdivision 3, is amended to read: 8.22 Subd. 3. [SPECIAL REQUIREMENTS.] (a) [SPACE FOR COMMUTER 8.23 VANS.] The code must require that any parking ramp or other 8.24 parking facility constructed in accordance with the code include 8.25 an appropriate number of spaces suitable for the parking of 8.26 motor vehicles having a capacity of seven to 16 persons and 8.27 which are principally used to provide prearranged commuter 8.28 transportation of employees to or from their place of employment 8.29 or to or from a transit stop authorized by a local transit 8.30 authority. 8.31 (b) [SMOKE DETECTION DEVICES.] The code must require that 8.32 all dwellings, lodging houses, apartment houses, and hotels as 8.33 defined in section 299F.362 comply with the provisions of 8.34 section 299F.362. 8.35 (c) [DOORS IN NURSING HOMES AND HOSPITALS.] The State 8.36 Building Code may not require that each door entering a sleeping 9.1 or patient's room from a corridor in a nursing home or hospital 9.2 with an approved complete standard automatic fire extinguishing 9.3 system be constructed or maintained as self-closing or 9.4 automatically closing. 9.5 (d) [CHILD CARE FACILITIES IN CHURCHES; GROUND LEVEL 9.6 EXIT.] A licensed day care center serving fewer than 30 9.7 preschool age persons and which is located in a below ground 9.8 space in a church building is exempt from the State Building 9.9 Code requirement for a ground level exit when the center has 9.10 more than two stairways to the ground level and its exit. 9.11 (e) [CHILD CARE FACILITIES IN CHURCHES; VERTICAL ACCESS.] 9.12 Until August 1, 1996, an organization providing child care in an 9.13 existing church building which is exempt from taxation under 9.14 section 272.02, subdivision 6, shall have five years from the 9.15 date of initial licensure under chapter 245A to provide interior 9.16 vertical access, such as an elevator, to persons with 9.17 disabilities as required by the State Building Code. To obtain 9.18 the extension, the organization providing child care must secure 9.19 a $2,500 performance bond with the commissioner of human 9.20 services to ensure that interior vertical access is achieved by 9.21 the agreed upon date. 9.22 (f) [FAMILY AND GROUP FAMILY DAY CARE.] Until the 9.23 legislature enacts legislation specifying appropriate standards, 9.24 the definition of Group R-3 occupancies in the State Building 9.25 Code applies to family and group family day care homes licensed 9.26 by the department of human services under Minnesota Rules, 9.27 chapter 9502. 9.28 (g)[MINED UNDERGROUND SPACE.] Nothing in the state9.29building codes shall prevent cities from adopting rules9.30governing the excavation, construction, reconstruction,9.31alteration, and repair of mined underground space pursuant to9.32sections 469.135 to 469.141, or of associated facilities in the9.33space once the space has been created, provided the intent of9.34the building code to establish reasonable safeguards for health,9.35safety, welfare, comfort, and security is maintained.9.36(h)[ENCLOSED STAIRWAYS.] No provision of the code or any 10.1 appendix chapter of the code may require stairways of existing 10.2 multiple dwelling buildings of two stories or less to be 10.3 enclosed. 10.4(i)(h) [DOUBLE CYLINDER DEAD BOLT LOCKS.] No provision of 10.5 the code or appendix chapter of the code may prohibit double 10.6 cylinder dead bolt locks in existing single-family homes, 10.7 townhouses, and first floor duplexes used exclusively as a 10.8 residential dwelling. Any recommendation or promotion of double 10.9 cylinder dead bolt locks must include a warning about their 10.10 potential fire danger and procedures to minimize the danger. 10.11(j)(i) [RELOCATED RESIDENTIAL BUILDINGS.] A residential 10.12 building relocated within or into a political subdivision of the 10.13 state need not comply with the State Energy Code or section 10.14 326.371 provided that, where available, an energy audit is 10.15 conducted on the relocated building. 10.16(k)(j) [AUTOMATIC GARAGE DOOR OPENING SYSTEMS.] The code 10.17 must require all residential buildings as defined in section 10.18 325F.82 to comply with the provisions of sections 325F.82 and 10.19 325F.83. 10.20(l)(k) [EXIT SIGN ILLUMINATION.] For a new building on 10.21 which construction is begun on or after October 1, 1993, or an 10.22 existing building on which remodeling affecting 50 percent or 10.23 more of the enclosed space is begun on or after October 1, 1993, 10.24 the code must prohibit the use of internally illuminated exit 10.25 signs whose electrical consumption during nonemergency operation 10.26 exceeds 20 watts of resistive power. All other requirements in 10.27 the code for exit signs must be complied with. 10.28(m)(l) [EXTERIOR WOOD DECKS, PATIOS, AND BALCONIES.] The 10.29 code must permit the decking surface and upper portions of 10.30 exterior wood decks, patios, and balconies to be constructed of 10.31 (1) heartwood from species of wood having natural resistance to 10.32 decay or termites, including redwood and cedars, (2) grades of 10.33 lumber which contain sapwood from species of wood having natural 10.34 resistance to decay or termites, including redwood and cedars, 10.35 or (3) treated wood. The species and grades of wood products 10.36 used to construct the decking surface and upper portions of 11.1 exterior decks, patios, and balconies must be made available to 11.2 the building official on request before final construction 11.3 approval. 11.4 Sec. 10. Minnesota Statutes 2000, section 16E.04, 11.5 subdivision 2, is amended to read: 11.6 Subd. 2. [RESPONSIBILITIES.] (a) In addition to other 11.7 activities prescribed by law, the office shall carry out the 11.8 duties set out in this subdivision. 11.9 (b) The office shall develop and establish a state 11.10 information architecture to ensure that further state agency 11.11 development and purchase of information and communications 11.12 systems, equipment, and services is designed to ensure that 11.13 individual agency information systems complement and do not 11.14 needlessly duplicate or conflict with the systems of other 11.15 agencies. When state agencies have need for the same or similar 11.16 public data, the commissioner, in coordination with the affected 11.17 agencies, shall promote the most efficient and cost-effective 11.18 method of producing and storing data for or sharing data between 11.19 those agencies. The development of this information 11.20 architecture must include the establishment of standards and 11.21 guidelines to be followed by state agencies. 11.22 (c) The office shall assist state agencies in the planning 11.23 and management of information systems so that an individual 11.24 information system reflects and supports the state agency's 11.25 mission and the state's requirements and functions. 11.26 (d) The office shall review agency requests for legislative 11.27 appropriations for the development or purchase of information 11.28 systems equipment or software. 11.29 (e) The office shall review major purchases of information 11.30 systems equipment to: 11.31 (1) ensure that the equipment follows the standards and 11.32 guidelines of the state information architecture; 11.33 (2) ensure that the equipment is consistent with the 11.34 information management principles adopted by the information 11.35 policy council; 11.36 (3) evaluate whether the agency's proposed purchase 12.1 reflects a cost-effective policy regarding volume purchasing; 12.2 and 12.3 (4) ensure that the equipment is consistent with other 12.4 systems in other state agencies so that data can be shared among 12.5 agencies, unless the office determines that the agency 12.6 purchasing the equipment has special needs justifying the 12.7 inconsistency. 12.8 (f) The office shall review the operation of information 12.9 systems by state agencies and provide advice and assistance to 12.10 ensure that these systems are operated efficiently and 12.11 continually meet the standards and guidelines established by the 12.12 office. The standards and guidelines must emphasize uniformity 12.13 that encourages information interchange, open systems 12.14 environments, and portability of information whenever 12.15 practicable and consistent with an agency's authority and 12.16 chapter 13. The office, in consultation with the 12.17intergovernmental information systems advisory council and the12.18 legislative reference library, shall recommend specific 12.19 standards and guidelines for each state agency within a time 12.20 period fixed by the office in regard to the following: 12.21 (1) establishing methods and systems directed at reducing 12.22 and ultimately eliminating redundant storage of data; and 12.23 (2) establishing information sales systems that utilize 12.24 licensing and royalty agreements to the greatest extent 12.25 possible, together with procedures for agency denial of requests 12.26 for licenses or royalty agreements by commercial users or 12.27 resellers of the information. Section 3.751 does not apply to 12.28 those licensing and royalty agreements, and the agreements must 12.29 include provisions that section 3.751 does not apply and that 12.30 the state is immune from liability under the agreement. 12.31 (g) The office shall conduct a comprehensive review at 12.32 least every three years of the information systems investments 12.33 that have been made by state agencies and higher education 12.34 institutions. The review must include recommendations on any 12.35 information systems applications that could be provided in a 12.36 more cost-beneficial manner by an outside source. The office 13.1 must report the results of its review to the legislature and the 13.2 governor. 13.3 (h) The office shall report to the legislature by January 13.4 15 of each year on progress in implementing paragraph (f), 13.5 clauses (1) and (2). 13.6 Sec. 11. Minnesota Statutes 2000, section 18B.36, 13.7 subdivision 1, is amended to read: 13.8 Subdivision 1. [REQUIREMENT.] (a) Except for a licensed 13.9 commercial or noncommercial applicator, only a certified private 13.10 applicator may use a restricted use pesticide to produce an 13.11 agricultural commodity: 13.12 (1) as a traditional exchange of services without financial 13.13 compensation; 13.14 (2) on a site owned, rented, or managed by the person or 13.15 the person's employees; or 13.16 (3) when the private applicator is one of two or fewer 13.17 specified individuals employed as agriculturallaboremployment 13.18 as defined by section268.04268.035, subdivision12, paragraph13.19(15), clause (a)2, and the owner or operator is a certified 13.20 private applicator or is licensed as a noncommercial applicator. 13.21 (b) A private applicator may not purchase a restricted use 13.22 pesticide without presenting a certified private applicator card 13.23 or the card number. 13.24 Sec. 12. Minnesota Statutes 2000, section 60B.03, 13.25 subdivision 6, is amended to read: 13.26 Subd. 6. [STATE.] "State" means any state of the United 13.27 States, the District of Columbia, the Commonwealth of Puerto 13.28 Rico,the Panama Canal Zone,and any other possession of the 13.29 United States. 13.30 Sec. 13. Minnesota Statutes 2000, section 62G.20, 13.31 subdivision 4, is amended to read: 13.32 Subd. 4. A person is not qualified for a license if upon 13.33 examination or reexamination it is determined that the person is 13.34 incompetent to act as an agent or solicitor; has acted in any 13.35 manner which would disqualify a person to hold a license as an 13.36 insurance agent or solicitor undersection 60A.17, subdivision 614.1 sections 60K.09 and 60K.11; fails to produce documents lawfully 14.2 subpoenaed by the commissioner; or fails to appear at a hearing 14.3 to which that person is a party or has been lawfully subpoenaed. 14.4 Sec. 14. Minnesota Statutes 2000, section 62L.02, 14.5 subdivision 24, is amended to read: 14.6 Subd. 24. [QUALIFYING COVERAGE.] "Qualifying coverage" 14.7 means health benefits or health coverage provided under: 14.8 (1) a health benefit plan, as defined in this section, but 14.9 without regard to whether it is issued to a small employer and 14.10 including blanket accident and sickness insurance, other than 14.11 accident-only coverage, as defined in section 62A.11; 14.12 (2) part A or part B of Medicare; 14.13 (3) medical assistance under chapter 256B; 14.14 (4) general assistance medical care under chapter 256D; 14.15 (5) MCHA; 14.16 (6) a self-insured health plan; 14.17 (7) the MinnesotaCare program established under section 14.18 256L.02; 14.19 (8) a plan provided under section 43A.316, 43A.317, or 14.20 471.617; 14.21 (9) the Civilian Health and Medical Program of the 14.22 Uniformed Services (CHAMPUS) or other coverage provided under 14.23 United States Code, title 10, chapter 55; 14.24 (10) coverage provided by a health care network cooperative 14.25 under chapter 62Ror by a health provider cooperative under14.26section 62R.17; 14.27 (11) a medical care program of the Indian Health Service or 14.28 of a tribal organization; 14.29 (12) the federal Employees Health Benefits Plan, or other 14.30 coverage provided under United States Code, title 5, chapter 89; 14.31 (13) a health benefit plan under section 5(e) of the Peace 14.32 Corps Act, codified as United States Code, title 22, section 14.33 2504(e); 14.34 (14) a health plan; or 14.35 (15) a plan similar to any of the above plans provided in 14.36 this state or in another state as determined by the commissioner. 15.1 Sec. 15. Minnesota Statutes 2000, section 65B.05, is 15.2 amended to read: 15.3 65B.05 [POWER OF FACILITY, GOVERNING COMMITTEE.] 15.4 The governing committee shall have the power to direct the 15.5 operation of the facility in all pursuits consistent with the 15.6 purposes and terms of sections 65B.01 to 65B.12, including but 15.7 not limited to the following: 15.8 (1) To sue and be sued in the name of the facility and to 15.9 assess each member in accord with its participation ratio to pay 15.10 any judgment against the facility as an entity, provided, 15.11 however, that no judgment against the facility shall create any 15.12 liabilities in one or more members disproportionate to their 15.13 participation ratio or an individual representing members on the 15.14 governing committee. 15.15 (2) To delegate ministerial duties, to hire a manager and 15.16 to contract for goods and services from others. 15.17 (3) To assess members on the basis of participation ratios 15.18 to cover anticipated costs of operation and administration of 15.19 the facility. 15.20 (4) To impose limitations on cancellation or nonrenewal by 15.21 members of insureds covered pursuant to placement through the 15.22 facility in addition to the limitations imposed by chapter 72A 15.23 and sections65B.1365B.1311 to 65B.21. 15.24 Sec. 16. Minnesota Statutes 2000, section 69.021, 15.25 subdivision 5, is amended to read: 15.26 Subd. 5. [CALCULATION OF STATE AID.] (a) The amount of 15.27 fire state aid available for apportionment, before the addition 15.28 of the minimum fire state aid allocation amount under 15.29 subdivision 7, is equal to 107 percent of the amount of premium 15.30 taxes paid to the state upon the fire, lightning, sprinkler 15.31 leakage, and extended coverage premiums reported to the 15.32 commissioner by insurers on the Minnesota Firetown Premium 15.33 Report. This amount shall be reduced by the amount required to 15.34 pay the state auditor's costs and expenses of the audits or 15.35 exams of the firefighters relief associations. 15.36 The total amount for apportionment in respect to fire state 16.1 aid must not be less than two percent of the premiums reported 16.2 to the commissioner by insurers on the Minnesota Firetown 16.3 Premium Report after subtracting the following amounts: 16.4 (1) the amount required to pay the state auditor's costs 16.5 and expenses of the audits or exams of the firefighters relief 16.6 associations; and 16.7 (2) one percent of the premiums reported by town and 16.8 farmers' mutual insurance companies and mutual property and 16.9 casualty companies with total assets of $5,000,000 or less. 16.10 (b) The total amount for apportionment as police state aid 16.11 is equal to 104 percent of the amount of premium taxes paid to 16.12 the state on the premiums reported to the commissioner by 16.13 insurers on the Minnesota Aid to Police Premium Report, plus the 16.14 payment amounts received under section60A.152297I.05, 16.15 subdivision 8, since the last aid apportionment, and reduced by 16.16 the amount required to pay the costs and expenses of the state 16.17 auditor for audits or exams of police relief associations. The 16.18 total amount for apportionment in respect to the police state 16.19 aid program must not be less than two percent of the amount of 16.20 premiums reported to the commissioner by insurers on the 16.21 Minnesota Aid to Police Premium Report after subtracting the 16.22 amount required to pay the state auditor's cost and expenses of 16.23 the audits or exams of the police relief associations. 16.24 (c) The commissioner shall calculate the percentage of 16.25 increase or decrease reflected in the apportionment over or 16.26 under the previous year's available state aid using the same 16.27 premiums as a basis for comparison. 16.28 (d) The amount for apportionment in respect to peace 16.29 officer state aid under paragraph (b) must be further reduced by 16.30 $1,779,000 in fiscal year 1999, $2,077,000 in fiscal year 2000, 16.31 and $2,404,000 in fiscal year 2001. These reductions in this 16.32 paragraph cancel to the general fund. 16.33 Sec. 17. Minnesota Statutes 2000, section 80C.01, 16.34 subdivision 4, is amended to read: 16.35 Subd. 4. (a) "Franchise" means (1) a contract or 16.36 agreement, either express or implied, whether oral or written, 17.1 for a definite or indefinite period, between two or more persons: 17.2 (i) by which a franchisee is granted the right to engage in 17.3 the business of offering or distributing goods or services using 17.4 the franchisor's trade name, trademark, service mark, logotype, 17.5 advertising, or other commercial symbol or related 17.6 characteristics; 17.7 (ii) in which the franchisor and franchisee have a 17.8 community of interest in the marketing of goods or services at 17.9 wholesale, retail, by lease, agreement, or otherwise; and 17.10 (iii) for which the franchisee pays, directly or 17.11 indirectly, a franchise fee; or 17.12 (2) a contract, lease, or other agreement, either express 17.13 or implied, whether oral or written, for a definite or 17.14 indefinite period, between two or more persons, whereby the 17.15 franchisee is authorized, permitted, or granted the right to 17.16 market motor vehicle fuel at retail under the franchisor's trade 17.17 name, trademark, service mark, logotype, or other commercial 17.18 symbol or related characteristics owned or controlled by the 17.19 franchisor; or 17.20 (3) the sale or lease of any products, equipment, chattels, 17.21 supplies, or services to the purchaser, other than the sale of 17.22 sales demonstration equipment, materials or samples for a total 17.23 price of $500 or less to any one person, for the purpose of 17.24 enabling the purchaser to start a business and in which the 17.25 seller: 17.26 (i) represents that the seller, lessor, or an affiliate 17.27 thereof will provide locations or assist the purchaser in 17.28 finding locations for the use or operation of vending machines, 17.29 racks, display cases, or similar devices, or currency operated 17.30 amusement machines or devices, on premises neither owned or 17.31 leased by the purchaser or seller; or 17.32 (ii) represents that the seller will purchase any or all 17.33 products made, produced, fabricated, grown, bred, or modified by 17.34 the purchaser using, in whole or in part, the supplies, 17.35 services, or chattels sold to the purchaser; or 17.36 (iii) guarantees that the purchaser will derive income from 18.1 the business which exceeds the price paid to the seller; or 18.2 (4) an oral or written contract or agreement, either 18.3 expressed or implied, for a definite or indefinite period, 18.4 between two or more persons, under which a manufacturer, selling 18.5 security systems through dealers or distributors in this state, 18.6 requires regular payments from the distributor or dealer as 18.7 royalties or residuals for products purchased and paid for by 18.8 the dealer or distributor. 18.9 (b) "Franchise" does not include any business which is 18.10 operated under a lease or license on the premises of the lessor 18.11 or licensor as long as such business is incidental to the 18.12 business conducted by the lessor or licensor on such premises, 18.13 including, without limitation, leased departments, licensed 18.14 departments, and concessions. 18.15 (c) "Franchise" does not include any contract, lease or 18.16 other agreement whereby the franchisee is required to pay less 18.17 than $100 on an annual basis, except those franchises identified 18.18 in paragraph (a), clause (2). 18.19 (d) "Franchise" does not include a contract, lease or other 18.20 agreement between a new motor vehicle manufacturer, distributor, 18.21 or factory branch and a franchisee whereby the franchisee is 18.22 granted the right to market automobiles, motorcycles, trucks, 18.23 truck tractors, or self-propelled motor homes or campers if the 18.24 foregoing are designed primarily for the transportation of 18.25 persons or property on public highways. 18.26 (e) "Franchise" does not include a contract, lease, or 18.27 other agreement or arrangement between two or more air carriers, 18.28 or between one or more air carriers and one or more foreign air 18.29 carriers. The terms "air carrier" and "foreign air carrier" 18.30 shall have the meanings assigned to them by the Federal Aviation 18.31 Act, United States Code Appendix, title 49, sections 1301(3) and 18.32 1301(22), respectively. 18.33 (f) For purposes of this chapter, a person who sells motor 18.34 vehicle fuel at wholesale who does not own or control, or is not 18.35 an affiliate of a person who,owns or controls, the trademark, 18.36 trade name, service mark, logotype, or other commercial symbol 19.1 or related characteristics under which the motor vehicle fuel is 19.2 sold at retail, is not a franchisor or a franchisee, and is not 19.3 considered to be part of a franchise relationship. 19.4 Sec. 18. Minnesota Statutes 2000, section 80C.147, is 19.5 amended to read: 19.6 80C.147 [CHANGE IN OWNERSHIP.] 19.7 A motor vehicle fuel franchisor, or an affiliate of such 19.8 franchisor, who (1) determines to(1)sell or transfer its 19.9 interests in marketing premises occupied by a franchisee, and 19.10 (2) in connection with such sale or transfer assigns its 19.11 interest as a franchisor in a franchise agreement applicable to 19.12 such premises, shall offer to the franchisee occupying the 19.13 premises those rights contained in United States Code, title 15, 19.14 section 2802(b)(3)(D)(iii)(I) or (II). This section expires 12 19.15 months after May 5, 2000. 19.16 Sec. 19. Minnesota Statutes 2000, section 84.965, 19.17 subdivision 2, is amended to read: 19.18 Subd. 2. [CORPS MEMBER STATUS; FEES.] All camp staff 19.19 except camp directors in the young adult program are corps 19.20 members. Corps members are not covered for unemployment 19.21 benefits if their services are excluded under section 19.22268.04268.035, subdivision1220, and they are not eligible for 19.23 other benefits except workers' compensation. The corps members 19.24 are not employees of the state of Minnesota within the meaning 19.25 of section 43A.02, subdivision 21. The commissioner may charge 19.26 a fee for any service performed by the corps. 19.27 Sec. 20. Minnesota Statutes 2000, section 84.98, 19.28 subdivision 5, is amended to read: 19.29 Subd. 5. [CORPS MEMBER STATUS.] Minnesota conservation 19.30 corps members are not covered for unemployment benefits if their 19.31 services are excluded under section268.04268.035, 19.32 subdivision1220, and they are not eligible for other benefits 19.33 except workers' compensation. The corps members are not 19.34 employees of the state within the meaning of section 43A.02, 19.35 subdivision 21. 19.36 Sec. 21. Minnesota Statutes 2000, section 85.055, 20.1 subdivision 1, is amended to read: 20.2 Subdivision 1. [FEES.] The fee for state park permits for: 20.3 (1) an annual use of state parks is $20; 20.4 (2) a second vehicle state park permit is $15; 20.5 (3) a state park permit validup to two daysfor one day is 20.6 $4; 20.7 (4) a daily vehicle state park permit for groups is $2; 20.8 (5) an employee's state park permit is without charge; and 20.9 (6) a state park permit for handicapped persons under 20.10 section 85.053, subdivision 7, clauses (1) and (2), is $12. 20.11 The fees specified in this subdivision include any sales 20.12 tax required by state law. 20.13 Sec. 22. Minnesota Statutes 2000, section 86B.331, 20.14 subdivision 1, is amended to read: 20.15 Subdivision 1. [ACTS PROHIBITED.] (a) An owner or other 20.16 person having charge or control of a motorboat may not authorize 20.17 or allow an individual the person knows or has reason to believe 20.18 is under the influence of alcohol or a controlled or other 20.19 substance to operate the motorboat in operation on the waters of 20.20 this state. 20.21 (b) An owner or other person having charge or control of a 20.22 motorboat may not knowingly authorize or allow a person, who by 20.23 reason of a physical or mental disability is incapable of 20.24 operating the motorboat, to operate the motorboat in operation 20.25 on the waters of this state. 20.26 (c) A person who operates or is in physical control of a 20.27 motorboat on the waters of this state is subject to chapter 20.28 169A. In addition to the applicable sanctions under chapter 20.29 169A, a person who is convicted of violating section 169A.20 or 20.30 an ordinance in conformity with it while operating a motorboat, 20.31 shall be prohibited from operating the motorboat on the waters 20.32 of this state for a period of 90 days between May 1 and October 20.33 31, extending over two consecutive years if necessary. If the 20.34 person operating the motorboat refuses to comply with a lawful 20.35 demand to submit to testing under sections 169A.50 to 169A.53 or 20.36 an ordinance in conformity with it, the person shall be 21.1 prohibited from operating the motorboat for a period of one 21.2 year. The commissioner shall notify the person of the period 21.3 during which the person is prohibited from operating a motorboat. 21.4 (d) Administrative and judicial review of the operating 21.5 privileges prohibition is governed by section 97B.066, 21.6 subdivisions 7 to 9, if the person does not have a prior 21.7 impaired driving conviction or prior license revocation, as 21.8 defined in section 169A.03. Otherwise, administrative and 21.9 judicial review of the prohibition is governed by section 21.10 169A.53. 21.11 (e) The court shall promptly forward to the commissioner 21.12 and the department of public safety copies of all convictions 21.13 and criminal and civil sanctions imposed under this section and 21.14chapterchapters 169 and 169A relating to motorboats. 21.15 (f) A person who violates paragraph (a) or (b), or an 21.16 ordinance in conformity with either of them, is guilty of a 21.17 misdemeanor. 21.18 (g) For purposes of this subdivision, a motorboat "in 21.19 operation" does not include a motorboat that is anchored, 21.20 beached, or securely fastened to a dock or other permanent 21.21 mooring, or a motorboat that is being rowed or propelled by 21.22 other than mechanical means. 21.23 Sec. 23. Minnesota Statutes 2000, section 103G.201, is 21.24 amended to read: 21.25 103G.201 [PUBLIC WATERS INVENTORY.] 21.26 (a) The commissioner shall prepare a public waters 21.27 inventory map of each county that shows the waters of this state 21.28 that are designated as public waters under the public waters 21.29 inventory and classification procedures prescribed under Laws 21.30 1979, chapter 199. The public waters inventory map for each 21.31 county must be filed with the auditor of the county. 21.32 (b) The commissioner is authorized to revise the list of 21.33 public waters established under Laws 1979, chapter 199, to 21.34 reclassify those types 3, 4, and 5 wetlands previously 21.35 identified as public waters wetlands under Laws 1979, chapter 21.36 199, as public waters or as wetlands under section 103G.005, 22.1 subdivision 19. The commissioner may only reclassify public 22.2 waters wetlands as public waters if: 22.3 (1) they are assigned a shoreland management classification 22.4 by the commissioner under sections 103F.201 to103F.22103F.221; 22.5 or 22.6 (2) they are classified as lacustrine wetlands according to 22.7 Classification of Wetlands and Deepwater Habitats of the United 22.8 States (Cowardin, et al., 1979 edition). 22.9 (c) The commissioner must provide notice of the 22.10 reclassification to the local government unit, the county board, 22.11 the watershed district, if one exists for the area, and the soil 22.12 and water conservation district. Within 60 days of receiving 22.13 notice from the commissioner, a party required to receive the 22.14 notice may provide a resolution stating objections to the 22.15 reclassification. If the commissioner receives an objection 22.16 from a party required to receive the notice, the 22.17 reclassification is not effective. If the commissioner does not 22.18 receive an objection from a party required to receive the 22.19 notice, the reclassification of a wetland under paragraph (b) is 22.20 effective 60 days after the notice is received by all of the 22.21 parties. 22.22 (d) The commissioner shall give priority to the 22.23 reclassification of public waters wetlands that are or have the 22.24 potential to be affected by public works projects. 22.25 Sec. 24. Minnesota Statutes 2000, section 103G.2242, 22.26 subdivision 12, is amended to read: 22.27 Subd. 12. [REPLACEMENT CREDITS.] (a) No public or private 22.28 wetland restoration, enhancement, or construction may be allowed 22.29 for replacement unless specifically designated for replacement 22.30 and paid for by the individual or organization performing the 22.31 wetland restoration, enhancement, or construction, and is 22.32 completed prior to any draining or filling of the wetland. 22.33 (b) Paragraph (a) does not apply to a wetland whose owner 22.34 has paid back with interest the individual or organization 22.35 restoring, enhancing, or constructing the wetland. 22.36 (c) Notwithstanding section 103G.222, subdivision 1, 23.1 paragraph(i)(h), the following actions are eligible for 23.2 replacement credit as determined by the local government unit, 23.3 including enrollment in a statewide wetlands bank: 23.4 (1) Reestablishment of permanent vegetative cover on a 23.5 wetland that was planted with annually seeded crops, was in a 23.6 crop rotation seeding of pasture grasses or legumes, or was 23.7 required to be set aside to receive price supports or other 23.8 payments under United States Code, title 7, sections 1421 to 23.9 1469, in six of the last ten years prior to January 1, 1991. 23.10 Replacement credit may not exceed 50 percent of the total 23.11 wetland area vegetatively restored; 23.12 (2) Buffer areas of permanent vegetative cover established 23.13 on upland adjacent to replacement wetlands, provided that the 23.14 upland buffer must be established at the time of wetland 23.15 replacement and replacement credit for the buffer may not exceed 23.16 75 percent of the replacement wetland area and may only be used 23.17 for replacement above a 1:1 ratio; 23.18 (3) Wetlands restored for conservation purposes under 23.19 terminated easements or contracts, provided that up to 75 23.20 percent of the restored wetland area is eligible for replacement 23.21 credit and adjacent upland buffer areas reestablished to 23.22 permanent vegetative cover are eligible for replacement credit 23.23 above a 1:1 ratio in an amount not to exceed 25 percent of the 23.24 restored wetland area; and 23.25 (4) Water quality treatment ponds constructed to pretreat 23.26 storm water runoff prior to discharge to wetlands, public 23.27 waters, or other water bodies, provided that the water quality 23.28 treatment ponds must be associated with an ongoing or proposed 23.29 project that will impact a wetland and replacement credit for 23.30 the treatment ponds may not exceed 75 percent of the treatment 23.31 pond area and may only be used for replacement above a 1:1 ratio. 23.32 Sec. 25. Minnesota Statutes 2000, section 103G.2243, 23.33 subdivision 2, is amended to read: 23.34 Subd. 2. [PLAN CONTENTS.] A comprehensive wetland 23.35 protection and management plan may: 23.36 (1) provide for classification of wetlands in the plan area 24.1 based on: 24.2 (i) an inventory of wetlands in the plan area; 24.3 (ii) an assessment of the wetland functions listed in 24.4 section 103B.3355, using a methodology chosen by the technical 24.5 evaluation panel from one of the methodologies established or 24.6 approved by the board under that section; and 24.7 (iii) the resulting public values; 24.8 (2) vary application of the sequencing standards in section 24.9 103G.222, subdivision 1, paragraph (b), for projects based on 24.10 the classification and criteria set forth in the plan; 24.11 (3) vary the replacement standards of section 103G.222, 24.12 subdivision 1, paragraphs(f)(e) and(g)(f), based on the 24.13 classification and criteria set forth in the plan, for specific 24.14 wetland impacts provided there is no net loss of public values 24.15 within the area subject to the plan, and so long as: 24.16 (i) in a 50 to 80 percent area, a minimum acreage 24.17 requirement of one acre of replaced wetland for each acre of 24.18 drained or filled wetland requiring replacement is met within 24.19 the area subject to the plan; and 24.20 (ii) in a less than 50 percent area, a minimum acreage 24.21 requirement of two acres of replaced wetland for each acre of 24.22 drained or filled wetland requiring replacement is met within 24.23 the area subject to the plan, except that replacement for the 24.24 amount above a 1:1 ratio can be accomplished as described in 24.25 section 103G.2242, subdivision 12; 24.26 (4) in a greater than 80 percent area, allow replacement 24.27 credit, based on the classification and criteria set forth in 24.28 the plan, for any project that increases the public value of 24.29 wetlands, including activities on adjacent upland acres; and 24.30 (5) in a greater than 80 percent area, based on the 24.31 classification and criteria set forth in the plan, expand the 24.32 application of the exemptions in section 103G.2241, subdivision 24.33 1, paragraph (a), clause (4), to also include nonagricultural 24.34 land, provided there is no net loss of wetland values. 24.35 Sec. 26. Minnesota Statutes 2000, section 115.49, 24.36 subdivision 4, is amended to read: 25.1 Subd. 4. [NEW RATES AND CHARGES.] Any municipality which 25.2 is a party to a contract for any of the purposes specified in 25.3 subdivision 3, and which operates a plant for the disposal of 25.4 sewage, industrial wastes, or other wastes,or which is a city25.5of the first class comprising a part of a sanitary district25.6under chapter 445may, upon written notice to the other party or 25.7 parties, fix new rates and charges for the service performed 25.8 under the contract, notwithstanding any provision of law, 25.9 charter, or the contract to the contrary. Any other party or 25.10 parties to such a contract with a municipality which operates 25.11 such a plant, or with a city of the first class comprising a25.12part of a sanitary district under chapter 445may, upon written 25.13 notice to such municipality, demand that new rates and charges 25.14 be fixed for service performed under the contract, 25.15 notwithstanding any provision of law, charter, or the contract 25.16 to the contrary. Whenever notice is given as provided herein, 25.17 it shall be the duty of the municipality operating the plant for 25.18 the disposal of sewage, industrial wastes, or other wastes, or a25.19city of the first class comprising a part of a sanitary district25.20under chapter 445,to hold a hearing for the determination of 25.21 proper rates and charges. A valid notice given under this 25.22 subdivision of a demand to fix new rates and charges as to any 25.23 contract precludes another such notice by any party as to that 25.24 contract for a period of five years from the time of the notice, 25.25 or the time of dismissal of proceedings under a notice, or the 25.26 time of determination of rates and charges by the affected 25.27 agencies or by judgment, as the case may be, whichever of these 25.28 events is last, but there may always be a contract change under 25.29 subdivision 3; provided there can be no such demand as of right 25.30 within the first five years of a contract. A municipality which 25.31 may be affected by determination of new rates and charges in 25.32 such a proceeding may participate in the proceeding as an 25.33 interested third party by filing a notice of its intention to so 25.34 participate with the clerk of the municipality to which the 25.35 original notice was directed. If any party to the contract 25.36 involved in the proceeding initiated by notice of demand for new 26.1 rates and charges is dissatisfied with the rates and charges as 26.2 set in the proceeding it may within 30 days after such 26.3 determination by written notice given to the other party or 26.4 parties elect to submit the matters in dispute to a board of 26.5 arbitration which shall be created as follows: The municipality 26.6 making such written election shall in such written election 26.7 appoint a referee; the other municipality shall within ten days 26.8 after such election and appointment also appoint a referee; the 26.9 two referees shall appoint a third referee, or if they fail for 26.10 ten days to do so, unless the municipalities mutually extend the 26.11 time for them to do so the district court of a judicial district 26.12 which is mutually agreeable to the municipalities shall make the 26.13 appointment of the third referee. A decision of the majority of 26.14 the board shall be a decision of the board. Each municipality 26.15 shall pay the compensation of the referee appointed by it, and 26.16 one-half of the compensation of the third referee, such 26.17 compensation to be at the rate usually charged by such person 26.18 for services in the person's profession or occupation. The 26.19 hearing initiated by the notice of demand to fix new rates and 26.20 charges and all proceedings in connection therewith shall be in 26.21 conformity with sections 14.57 to 14.62 and the municipality 26.22 conducting the hearing is an agency as such term is used in such 26.23 sections. Any party to the contract aggrieved by the decision 26.24 or order made in conformity with such provisions shall be 26.25 entitled to judicial review in the district court in the county 26.26 in which such decision or order was made and in the manner 26.27 provided in subdivision 5. The new rates and charges 26.28 established by the agency upon the initial demand will continue 26.29 until the proper rates and charges are finally determined, 26.30 notwithstanding submission to arbitration or judicial review, 26.31 but the order or judgment which finally determines legality will 26.32 provide for adjustment of overpayment or underpayment, if any, 26.33 during the period after the new rates and charges were initially 26.34 fixed. 26.35 All records of any municipality relating to such rates and 26.36 charges shall be available at all reasonable times for 27.1 examination by any municipality. 27.2 Sec. 27. Minnesota Statutes 2000, section 116J.994, 27.3 subdivision 6, is amended to read: 27.4 Subd. 6. [FAILURE TO MEET GOALS.] The subsidy agreement 27.5 must specify the recipient's obligation if the recipient does 27.6 not fulfill the agreement. At a minimum, the agreement must 27.7 require a recipient failing to meet subsidy agreement goals to 27.8 pay back the assistance plus interest to the grantor or, at the 27.9 grantor's option, to the account created under section 116J.551 27.10 provided that repayment may be prorated to reflect partial 27.11 fulfillment of goals. The interest rate must be set at no less 27.12 than the implicit price deflatoras defined under section27.13275.70, subdivision 2for government consumption expenditures 27.14 and gross investment for state and local governments prepared by 27.15 the bureau of economic analysis of the United States Department 27.16 of Commerce for the 12-month period ending March 31 of the 27.17 previous year. The grantor, after a public hearing, may extend 27.18 for up to one year the period for meeting the wage and job goals 27.19 under subdivision 4 provided in a subsidy agreement. A grantor 27.20 may extend the period for meeting other goals under subdivision 27.21 3, paragraph (a), clause (3), by documenting in writing the 27.22 reason for the extension and attaching a copy of the document to 27.23 its next annual report to the department. 27.24 A recipient that fails to meet the terms of a subsidy 27.25 agreement may not receive a business subsidy from any grantor 27.26 for a period of five years from the date of failure or until a 27.27 recipient satisfies its repayment obligation under this 27.28 subdivision, whichever occurs first. 27.29 Before a grantor signs a business subsidy agreement, the 27.30 grantor must check with the compilation and summary report 27.31 required by this section to determine if the recipient is 27.32 eligible to receive a business subsidy. 27.33 Sec. 28. Minnesota Statutes 2000, section 116J.995, is 27.34 amended to read: 27.35 116J.995 [ECONOMIC GRANTS.] 27.36 An appropriation rider in an appropriation to the 28.1 department of trade and economic development that specifies that 28.2 the appropriation be granted to a particular business or class 28.3 of businesses must contain a statement of the expected benefits 28.4 associated with the grant. At a minimum, the statement must 28.5 include goals for the number of jobs created, wages paid, and 28.6 the tax revenue increases due to the grant. The wage and job 28.7 goals must contain specific goals to be attained within two 28.8 years of the benefit date. The statement must specify the 28.9 recipient's obligation if the recipient does not attain the 28.10 goals. At a minimum, the statement must require a recipient 28.11 failing to meet the job and wage goals to pay back the 28.12 assistance plus interest to the department of trade and economic 28.13 development provided that repayment may be prorated to reflect 28.14 partial fulfillment of goals. The interest rate must be set at 28.15 no less than the implicit price deflator as defined under 28.16 section275.70116J.994, subdivision26. The legislature, 28.17 after a public hearing, may extend for up to one year the period 28.18 for meeting the goals provided in the statement. 28.19 Sec. 29. Minnesota Statutes 2000, section 116L.01, 28.20 subdivision 1, is amended to read: 28.21 Subdivision 1. [GENERALLY.] For the purposes ofsections28.22116L.01 to 116L.05this chapter, the terms defined in this 28.23 section have the meanings given them. 28.24 Sec. 30. Minnesota Statutes 2000, section 116P.08, 28.25 subdivision 2, is amended to read: 28.26 Subd. 2. [EXCEPTIONS.] Money from the trust fund may not 28.27 be spent for: 28.28 (1) purposes of environmental compensation and liability 28.29 under chapter 115B and response actions under chapter 115C; 28.30 (2) purposes of municipal water pollution control under the 28.31 authority of chapters 115 and 116, including combined sewer28.32overflow under section 116.162; 28.33 (3) costs associated with the decommissioning of nuclear 28.34 power plants; 28.35 (4) hazardous waste disposal facilities; 28.36 (5) solid waste disposal facilities; or 29.1 (6) projects or purposes inconsistent with the strategic 29.2 plan. 29.3 Sec. 31. Minnesota Statutes 2000, section 124D.892, 29.4 subdivision 3, is amended to read: 29.5 Subd. 3. [ADVISORY BOARD.] The commissioner shall 29.6 establish an advisory board composed of: 29.7 (1) nine superintendents, eightshall beof whom are 29.8 selected by the superintendents of the school districts located 29.9 in whole or in part within each of the eight metropolitan 29.10 districts established under section 473.123, subdivision 3c, and 29.11 onesuperintendent ofwho is from a district outside the 29.12 seven-county metropolitan areaand is from a districtthat is 29.13 considered racially isolated or that has a racially isolated 29.14 school site according to Minnesota Rules, part 3535.0110; 29.15 (2) one person each selected by the Indian affairs council, 29.16 the council on Asian-Pacific Minnesotans, the council on Black 29.17 Minnesotans, and the council on affairs of Chicano/Latino 29.18 people; and 29.19 (3) the superintendent of independent school district No. 29.20 709, Duluth. 29.21 The advisory board shall advise the office on complying 29.22 with the requirements under subdivision 1. The advisory board 29.23 may solicit comments from teachers, parents, students, and 29.24 interested community organizations and others. 29.25 Sec. 32. Minnesota Statutes 2000, section 145.61, 29.26 subdivision 5, is amended to read: 29.27 Subd. 5. [REVIEW ORGANIZATION.] "Review organization" 29.28 means a nonprofit organization acting according to clause (k), a 29.29 committee as defined under section 144E.32, subdivision 2, or a 29.30 committee whose membership is limited to professionals, 29.31 administrative staff, and consumer directors, except where 29.32 otherwise provided for by state or federal law, and which is 29.33 established by one or more of the following: a hospital, a 29.34 clinic, a nursing home, an ambulance service or first responder 29.35 service regulated under chapter 144E, one or more state or local 29.36 associations of professionals, an organization of professionals 30.1 from a particular area or medical institution, a health 30.2 maintenance organization as defined in chapter 62D, a community 30.3 integrated service network as defined in chapter 62N, a 30.4 nonprofit health service plan corporation as defined in chapter 30.5 62C, a preferred provider organization, a professional standards 30.6 review organization established pursuant to United States Code, 30.7 title 42, section 1320c-1 et seq., a medical review agent 30.8 established to meet the requirements of section 256B.04, 30.9 subdivision 15, or 256D.03, subdivision 7, paragraph (b), the 30.10 department of human services,a health provider cooperative30.11operating under sections 62R.17 to 62R.26,or a corporation 30.12 organized under chapter 317A that owns, operates, or is 30.13 established by one or more of the above referenced entities, to 30.14 gather and review information relating to the care and treatment 30.15 of patients for the purposes of: 30.16 (a) evaluating and improving the quality of health care 30.17 rendered in the area or medical institution or by the entity or 30.18 organization that established the review organization; 30.19 (b) reducing morbidity or mortality; 30.20 (c) obtaining and disseminating statistics and information 30.21 relative to the treatment and prevention of diseases, illness 30.22 and injuries; 30.23 (d) developing and publishing guidelines showing the norms 30.24 of health care in the area or medical institution or in the 30.25 entity or organization that established the review organization; 30.26 (e) developing and publishing guidelines designed to keep 30.27 within reasonable bounds the cost of health care; 30.28 (f) reviewing the quality or cost of health care services 30.29 provided to enrollees of health maintenance organizations, 30.30 community integrated service networks, health service plans, 30.31 preferred provider organizations, and insurance companies; 30.32 (g) acting as a professional standards review organization 30.33 pursuant to United States Code, title 42, section 1320c-1 et 30.34 seq.; 30.35 (h) determining whether a professional shall be granted 30.36 staff privileges in a medical institution, membership in a state 31.1 or local association of professionals, or participating status 31.2 in a nonprofit health service plan corporation, health 31.3 maintenance organization, community integrated service network, 31.4 preferred provider organization, or insurance company, or 31.5 whether a professional's staff privileges, membership, or 31.6 participation status should be limited, suspended or revoked; 31.7 (i) reviewing, ruling on, or advising on controversies, 31.8 disputes or questions between: 31.9 (1) health insurance carriers, nonprofit health service 31.10 plan corporations, health maintenance organizations, community 31.11 integrated service networks, self-insurers and their insureds, 31.12 subscribers, enrollees, or other covered persons; 31.13 (2) professional licensing boards and health providers 31.14 licensed by them; 31.15 (3) professionals and their patients concerning diagnosis, 31.16 treatment or care, or the charges or fees therefor; 31.17 (4) professionals and health insurance carriers, nonprofit 31.18 health service plan corporations, health maintenance 31.19 organizations, community integrated service networks, or 31.20 self-insurers concerning a charge or fee for health care 31.21 services provided to an insured, subscriber, enrollee, or other 31.22 covered person; 31.23 (5) professionals or their patients and the federal, state, 31.24 or local government, or agencies thereof; 31.25 (j) providing underwriting assistance in connection with 31.26 professional liability insurance coverage applied for or 31.27 obtained by dentists, or providing assistance to underwriters in 31.28 evaluating claims against dentists; 31.29 (k) acting as a medical review agent under section 256B.04, 31.30 subdivision 15, or 256D.03, subdivision 7, paragraph (b); 31.31 (l) providing recommendations on the medical necessity of a 31.32 health service, or the relevant prevailing community standard 31.33 for a health service; 31.34 (m) providing quality assurance as required by United 31.35 States Code, title 42, sections 1396r(b)(1)(b) and 31.36 1395i-3(b)(1)(b) of the Social Security Act; 32.1 (n) providing information to group purchasers of health 32.2 care services when that information was originally generated 32.3 within the review organization for a purpose specified by this 32.4 subdivision; or 32.5 (o) providing information to other, affiliated or 32.6 nonaffiliated review organizations, when that information was 32.7 originally generated within the review organization for a 32.8 purpose specified by this subdivision, and as long as that 32.9 information will further the purposes of a review organization 32.10 as specified by this subdivision. 32.11 Sec. 33. Minnesota Statutes 2000, section 148.6402, 32.12 subdivision 14, is amended to read: 32.13 Subd. 14. [OCCUPATIONAL THERAPIST.]Except as provided in32.14section 148.6408, subdivision 3, paragraph (b),"Occupational 32.15 therapist" means an individual who meets the qualifications in 32.16 sections 148.6401 to 148.6450 and is licensed by the 32.17 commissioner.For purposes of section 148.6408, subdivision 3,32.18paragraph (b), occupational therapist means the employment title32.19of a natural person before June 17, 1996.32.20 Sec. 34. Minnesota Statutes 2000, section 148.6402, 32.21 subdivision 16, is amended to read: 32.22 Subd. 16. [OCCUPATIONAL THERAPY ASSISTANT.]Except as32.23provided in section 148.6410, subdivision 3,"Occupational 32.24 therapy assistant" means an individual who meets the 32.25 qualifications for an occupational therapy assistant in sections 32.26 148.6401 to 148.6450 and is licensed by the commissioner.For32.27purposes of section 148.6410, subdivision 3, occupational32.28therapy assistant means the employment title of a natural person32.29before June 17, 1996.32.30 Sec. 35. Minnesota Statutes 2000, section 148.6420, 32.31 subdivision 2, is amended to read: 32.32 Subd. 2. [PERSONS APPLYING FOR LICENSURE UNDER SECTION 32.33 148.6408 OR 148.6410.] Persons applying for licensure under 32.34 section 148.6408, subdivisions 1 and 2,or 148.6410,32.35subdivisions 1 and 2,must submit the materials required in 32.36 subdivision 1 and the following: 33.1 (1) a certificate of successful completion of the 33.2 requirements in section 148.6408, subdivision 1, or 148.6410, 33.3 subdivision 1; and 33.4 (2) the applicant's test results from the examining agency, 33.5 as evidence that the applicant received a qualifying score on a 33.6 credentialing examination meeting the requirements of section 33.7 148.6408, subdivision 2, or 148.6410, subdivision 2. 33.8 Sec. 36. Minnesota Statutes 2000, section 148.6420, 33.9 subdivision 4, is amended to read: 33.10 Subd. 4. [APPLICANTS CREDENTIALED IN ANOTHER 33.11 JURISDICTION.] In addition to providing the materials required 33.12 in subdivision 1, an applicant credentialed in another 33.13 jurisdiction must request that the appropriate government body 33.14 in each jurisdiction in which the applicant holds or held an 33.15 occupational therapy credential send a letter to the 33.16 commissioner that verifies the applicant's credentials. Except 33.17 as provided in section 148.6418, a license shall not be issued 33.18 until the commissioner receives letters verifying each of the 33.19 applicant's credentials. Each letter must include the 33.20 applicant's name,and date of birth, credential number,and date 33.21 of issuance, a statement regarding investigations pending and 33.22 disciplinary actions taken or pending against the applicant, 33.23 current status of the credential, and the terms under which the 33.24 credential was issued. 33.25 Sec. 37. Minnesota Statutes 2000, section 148.6425, 33.26 subdivision 2, is amended to read: 33.27 Subd. 2. [LICENSURE RENEWAL AFTER LICENSURE EXPIRATION 33.28 DATE.]Except as provided in subdivision 4,An individual whose 33.29 application for licensure renewal is received after the 33.30 licensure expiration date must submit the following: 33.31 (1) a completed and signed application for licensure 33.32 following lapse in licensed status on forms provided by the 33.33 commissioner; 33.34 (2) the renewal fee and the late fee required under section 33.35 148.6445; 33.36 (3) proof of having met the continuing education 34.1 requirements since the individual's initial licensure or last 34.2 licensure renewal; and 34.3 (4) additional information as requested by the commissioner 34.4 to clarify information in the application, including information 34.5 to determine whether the individual has engaged in conduct 34.6 warranting disciplinary action as set forth in section 34.7 148.6448. The information must be submitted within 30 days 34.8 after the commissioner's request. 34.9 Sec. 38. Minnesota Statutes 2000, section 148.6425, 34.10 subdivision 3, is amended to read: 34.11 Subd. 3. [LICENSURE RENEWAL FOUR YEARS OR MORE AFTER 34.12 LICENSURE EXPIRATION DATE.] (a)Except as provided in34.13subdivision 4,An individual who requests licensure renewal four 34.14 years or more after the licensure expiration date must submit 34.15 the following: 34.16 (1) a completed and signed application for licensure on 34.17 forms provided by the commissioner; 34.18 (2) the renewal fee and the late fee required under section 34.19 148.6445; 34.20 (3) proof of having met the continuing education 34.21 requirement for the most recently completed two-year continuing 34.22 education cycle; and 34.23 (4) at the time of the next licensure renewal, proof of 34.24 having met the continuing education requirement, which shall be 34.25 prorated based on the number of months licensed during the 34.26 biennial licensure period. 34.27 (b) In addition to the requirements in paragraph (a), the 34.28 applicant must submit proof of one of the following: 34.29 (1) verified documentation of successful completion of 160 34.30 hours of supervised practice approved by the commissioner as 34.31 described in paragraph (c); 34.32 (2) verified documentation of having achieved a qualifying 34.33 score on the credentialing examination for occupational 34.34 therapists or the credentialing examination for occupational 34.35 therapy assistants administered within the past year; or 34.36 (3) documentation of having completed a combination of 35.1 occupational therapy courses or an occupational therapy 35.2 refresher program that contains both a theoretical and clinical 35.3 component approved by the commissioner. Only courses completed 35.4 within one year preceding the date of the application or one 35.5 year after the date of the application qualify for approval. 35.6 (c) To participate in a supervised practice as described in 35.7 paragraph (b), clause (1), the applicant shall obtain limited 35.8 licensure. To apply for limited licensure, the applicant shall 35.9 submit the completed limited licensure application, fees, and 35.10 agreement for supervision of an occupational therapist or 35.11 occupational therapy assistant practicing under limited 35.12 licensure signed by the supervising therapist and the 35.13 applicant. The supervising occupational therapist shall state 35.14 the proposed level of supervision on the supervision agreement 35.15 form provided by the commissioner. The supervising therapist 35.16 shall determine the frequency and manner of supervision based on 35.17 the condition of the patient or client, the complexity of the 35.18 procedure, and the proficiencies of the supervised occupational 35.19 therapist. At a minimum, a supervising occupational therapist 35.20 shall be on the premises at all times that the person practicing 35.21 under limited licensure is working; be in the room ten percent 35.22 of the hours worked each week by the person practicing under 35.23provisionallimited licensure; and provide daily face-to-face 35.24 collaboration for the purpose of observing service competency of 35.25 the occupational therapist or occupational therapy assistant, 35.26 discussing treatment procedures and each client's response to 35.27 treatment, and reviewing and modifying, as necessary, each 35.28 treatment plan. The supervising therapist shall document the 35.29 supervision provided. The occupational therapist participating 35.30 in a supervised practice is responsible for obtaining the 35.31 supervision required under this paragraph and must comply with 35.32 the commissioner's requirements for supervision during the 35.33 entire 160 hours of supervised practice. The supervised 35.34 practice must be completed in two months and may be completed at 35.35 the applicant's place of work. 35.36 (d) In addition to the requirements in paragraphs (a) and 36.1 (b), the applicant must submit additional information as 36.2 requested by the commissioner to clarify information in the 36.3 application, including information to determine whether the 36.4 applicant has engaged in conduct warranting disciplinary action 36.5 as set forth in section 148.6448. The information must be 36.6 submitted within 30 days after the commissioner's request. 36.7 Sec. 39. Minnesota Statutes 2000, section 148.6448, 36.8 subdivision 1, is amended to read: 36.9 Subdivision 1. [GROUNDS FOR DENIAL OF LICENSURE OR 36.10 DISCIPLINE.] The commissioner may deny an application for 36.11 licensure, may approve licensure with conditions, or may 36.12 discipline a licensee using any disciplinary actions listed in 36.13 subdivision 3 on proof that the individual has: 36.14 (1) intentionally submitted false or misleading information 36.15 to the commissioner or the advisory council; 36.16 (2) failed, within 30 days, to provide information in 36.17 response to a written request by the commissioner or advisory 36.18 council; 36.19 (3) performed services of an occupational therapist or 36.20 occupational therapy assistant in an incompetent manner or in a 36.21 manner that falls below the community standard of care; 36.22 (4) failed to satisfactorily perform occupational therapy 36.23 services during a period ofprovisionaltemporary licensure; 36.24 (5) violated sections 148.6401 to 148.6450; 36.25 (6) failed to perform services with reasonable judgment, 36.26 skill, or safety due to the use of alcohol or drugs, or other 36.27 physical or mental impairment; 36.28 (7) been convicted of violating any state or federal law, 36.29 rule, or regulation which directly relates to the practice of 36.30 occupational therapy; 36.31 (8) aided or abetted another person in violating any 36.32 provision of sections 148.6401 to 148.6450; 36.33 (9) been disciplined for conduct in the practice of an 36.34 occupation by the state of Minnesota, another jurisdiction, or a 36.35 national professional association, if any of the grounds for 36.36 discipline are the same or substantially equivalent to those in 37.1 sections 148.6401 to 148.6450; 37.2 (10) not cooperated with the commissioner or advisory 37.3 council in an investigation conducted according to subdivision 37.4 2; 37.5 (11) advertised in a manner that is false or misleading; 37.6 (12) engaged in dishonest, unethical, or unprofessional 37.7 conduct in connection with the practice of occupational therapy 37.8 that is likely to deceive, defraud, or harm the public; 37.9 (13) demonstrated a willful or careless disregard for the 37.10 health, welfare, or safety of a client; 37.11 (14) performed medical diagnosis or provided treatment, 37.12 other than occupational therapy, without being licensed to do so 37.13 under the laws of this state; 37.14 (15) paid or promised to pay a commission or part of a fee 37.15 to any person who contacts the occupational therapist for 37.16 consultation or sends patients to the occupational therapist for 37.17 treatment; 37.18 (16) engaged in an incentive payment arrangement, other 37.19 than that prohibited by clause (15), that promotes occupational 37.20 therapy overutilization, whereby the referring person or person 37.21 who controls the availability of occupational therapy services 37.22 to a client profits unreasonably as a result of client 37.23 treatment; 37.24 (17) engaged in abusive or fraudulent billing practices, 37.25 including violations of federal Medicare and Medicaid laws, Food 37.26 and Drug Administration regulations, or state medical assistance 37.27 laws; 37.28 (18) obtained money, property, or services from a consumer 37.29 through the use of undue influence, high pressure sales tactics, 37.30 harassment, duress, deception, or fraud; 37.31 (19) performed services for a client who had no possibility 37.32 of benefiting from the services; 37.33 (20) failed to refer a client for medical evaluation when 37.34 appropriate or when a client indicated symptoms associated with 37.35 diseases that could be medically or surgically treated; 37.36 (21) engaged in conduct with a client that is sexual or may 38.1 reasonably be interpreted by the client as sexual, or in any 38.2 verbal behavior that is seductive or sexually demeaning to a 38.3 patient; 38.4 (22) violated a federal or state court order, including a 38.5 conciliation court judgment, or a disciplinary order issued by 38.6 the commissioner, related to the person's occupational therapy 38.7 practice; or 38.8 (23) any other just cause related to the practice of 38.9 occupational therapy. 38.10 Sec. 40. Minnesota Statutes 2000, section 168.012, 38.11 subdivision 1, is amended to read: 38.12 Subdivision 1. [VEHICLES EXEMPT FROM TAX AND REGISTRATION 38.13 FEES.] (a) The following vehicles are exempt from the provisions 38.14 of this chapter requiring payment of tax and registration fees, 38.15 except as provided in subdivision 1c: 38.16 (1) vehicles owned and used solely in the transaction of 38.17 official business by the federal government, the state, or any 38.18 political subdivision; 38.19 (2) vehicles owned and used exclusively by educational 38.20 institutions and used solely in the transportation of pupils to 38.21 and from such institutions; 38.22 (3) vehicles used solely in driver education programs at 38.23 nonpublic high schools; 38.24 (4) vehicles owned by nonprofit charities and used 38.25 exclusively to transport disabled persons for educational 38.26 purposes; 38.27 (5) vehicles owned and used by honorary consul; 38.28 (6) ambulances owned by ambulance services licensed under 38.29 section 144E.10, the general appearance of which is 38.30 unmistakable; and 38.31 (7) vehicles owned by a commercial driving school licensed 38.32 under section 171.34, or an employee of a commercial driving 38.33 school licensed under section 171.34, and the vehicle is used 38.34 exclusively for driver education and training. 38.35 (b) Vehicles owned by the federal government, municipal 38.36 fire apparatuses including fire-suppression support vehicles, 39.1 police patrols and ambulances, the general appearance of which 39.2 is unmistakable, shall not be required to register or display 39.3 number plates. 39.4 (c) Unmarked vehicles used in general police work, liquor 39.5 investigations, and arson investigations, and passenger 39.6 automobiles, pickup trucks, and buses owned or operated by the 39.7 department of corrections, shall be registered and shall display 39.8 appropriate license number plates which shall be furnished by 39.9 the registrar at cost. Original and renewal applications for 39.10 these license plates authorized for use in general police work 39.11 and for use by the department of corrections must be accompanied 39.12 by a certification signed by the appropriate chief of police if 39.13 issued to a police vehicle, the appropriate sheriff if issued to 39.14 a sheriff's vehicle, the commissioner of corrections if issued 39.15 to a department of corrections vehicle, or the appropriate 39.16 officer in charge if issued to a vehicle of any other law 39.17 enforcement agency. The certification must be on a form 39.18 prescribed by the commissioner and state that the vehicle will 39.19 be used exclusively for a purpose authorized by this section. 39.20 (d) Unmarked vehicles used by the departments of revenue 39.21 and labor and industry, fraud unit, in conducting seizures or 39.22 criminal investigations must be registered and must display 39.23 passenger vehicle classification license number plates which 39.24 shall be furnished at cost by the registrar. Original and 39.25 renewal applications for these passenger vehicle license plates 39.26 must be accompanied by a certification signed by the 39.27 commissioner of revenue or the commissioner of labor and 39.28 industry. The certification must be on a form prescribed by the 39.29 commissioner and state that the vehicles will be used 39.30 exclusively for the purposes authorized by this section. 39.31 (e) Unmarked vehicles used by the division of disease 39.32 prevention and control of the department of health must be 39.33 registered and must display passenger vehicle classification 39.34 license number plates. These plates must be furnished at cost 39.35 by the registrar. Original and renewal applications for these 39.36 passenger vehicle license plates must be accompanied by a 40.1 certification signed by the commissioner of health. The 40.2 certification must be on a form prescribed by the commissioner 40.3 and state that the vehicles will be used exclusively for the 40.4 official duties of the division of disease prevention and 40.5 control. 40.6 (f) All other motor vehicles shall be registered and 40.7 display tax-exempt number plates which shall be furnished by the 40.8 registrar at cost, except as provided in subdivision 1c. All 40.9 vehicles required to display tax-exempt number plates shall have 40.10 the name of the state department or political subdivision, 40.11 nonpublic high school operating a driver education program, or 40.12 licensed commercial driving school, on the vehicle plainly 40.13 displayed on both sides; except that each state hospital and 40.14 institution for the mentally ill and mentally retarded may have 40.15 one vehicle without the required identification on the sides of 40.16 the vehicle, and county social service agencies may have 40.17 vehicles used for child and vulnerable adult protective services 40.18 without the required identification on the sides of the 40.19 vehicle. Such identification shall be in a color giving 40.20 contrast with that of the part of the vehicle on which it is 40.21 placed and shall endure throughout the term of the 40.22 registration. The identification must not be on a removable 40.23 plate or placard and shall be kept clean and visible at all 40.24 times; except that a removable plate or placard may be utilized 40.25 on vehicles leased or loaned to a political subdivision or to a 40.26 nonpublic high school driver education program. 40.27 Sec. 41. Minnesota Statutes 2000, section 171.173, is 40.28 amended to read: 40.29 171.173 [SUSPENSION; UNDERAGE DRINKING OFFENSE.] 40.30 The commissioner of public safety shall suspend the license 40.31 of any person convicted of or any juvenile adjudicated for an 40.32 offense under section 340A.503, subdivision 1, paragraph (a), 40.33 clause (2), if the court has notified the commissioner of a 40.34 determination made under section340A.503, subdivision 1,40.35paragraph (c)169A.33, subdivision 4. The period of suspension 40.36 shall be for the applicable period specified inthat paragraph41.1 section 169A.33. If the person does not have a license or if 41.2 the person's license is suspended or revoked at the time of the 41.3 conviction or adjudication, the commissioner shall, upon the 41.4 person's application for license issuance or reinstatement, 41.5 delay the issuance or reinstatement of the person's license for 41.6 the applicable time period specified in section340A.503,41.7subdivision 1, paragraph (c)169A.33. Upon receipt of the 41.8 court's order, the commissioner is authorized to take the 41.9 licensing action without a hearing. 41.10 Sec. 42. Minnesota Statutes 2000, section 204D.25, 41.11 subdivision 1, is amended to read: 41.12 Subdivision 1. [FORM.] Except as provided in subdivision 41.13 2, the county auditor shall prepare separate ballots for a 41.14 special primary and special election as required by sections 41.15 204D.17 to 204D.27. The ballots shall be headed "Special 41.16 Primary Ballot" or "Special Election Ballot" as the case may be, 41.17 followed by the date of the special primary or special 41.18 election. Immediately below the title of each office to be 41.19 filled shall be printed the words "To fill vacancy in term 41.20 expiring ..........," with the date of expiration of the term 41.21 and any other information that is necessary to distinguish the 41.22 office from any other office to be voted upon at the same 41.23 election. For a special primary or special election, the 41.24 instructions to voters may use the singulartenseform of the 41.25 word when referring to candidates and offices when only one 41.26 office is to be filled at the special election. Otherwise the 41.27 form of the ballots shall comply as far as practicable with the 41.28 laws relating to ballots for state primaries and state general 41.29 elections. The county auditor shall post a sample of each 41.30 ballot in the auditor's office as soon as prepared and not later 41.31 than four days before the special primary or special election. 41.32 Publication of the sample ballot for a special primary or 41.33 special election is not required. 41.34 Sec. 43. Minnesota Statutes 2000, section 216B.2424, 41.35 subdivision 6, is amended to read: 41.36 Subd. 6. [REMAINING MEGAWATT COMPLIANCE PROCESS.] (a) If 42.1 there remain megawatts of biomass power generating capacity to 42.2 fulfill the mandate in subdivision 5 after the commission has 42.3 taken final action on all contracts filed by September 1, 2000, 42.4 by a public utility, this subdivision governs final compliance 42.5 with the biomass energy mandate in subdivision 5 subject to the 42.6 requirements ofsubdivisionsubdivisions 7 and 8. 42.7 (b) To the extent not inconsistent with this subdivision, 42.8 the provisions of subdivisions 2, 3, 4, and 5 apply to proposals 42.9 subject to this subdivision. 42.10 (c) A public utility must submit proposals to the 42.11 commission to complete the biomass mandate. The commission 42.12 shall require a public utility subject to this section to issue 42.13 a request for competitive proposals for projects for electric 42.14 generation utilizing biomass as defined in paragraph (f) of this 42.15 subdivision to provide the remaining megawatts of the mandate. 42.16 The commission shall set an expedited schedule for submission of 42.17 proposals to the utility, selection by the utility of proposals 42.18 or projects, negotiation of contracts, and review by the 42.19 commission of the contracts or projects submitted by the utility 42.20 to the commission. 42.21 (d) Notwithstanding the provisions of subdivisions 1 to 5 42.22 but subject to the provisions ofsubdivisionsubdivisions 7 and 42.23 8, a new or existing facility proposed under this subdivision 42.24 that is fueled either by biomass or by co-firing biomass with 42.25 nonbiomass may satisfy the mandate in this section. Such a 42.26 facility need not use biomass that complies with the definition 42.27 in subdivision 1 if it uses biomass as defined in paragraph (f) 42.28 of this subdivision. Generating capacity produced by co-firing 42.29 of biomass that is operational as of April 25, 2000, does not 42.30 meet the requirements of the mandate, except that additional 42.31 co-firing capacity added at an existing facility after April 25, 42.32 2000, may be used to satisfy this mandate. Only the number of 42.33 megawatts of capacity at a facility which co-fires biomass that 42.34 are directly attributable to the biomass and that become 42.35 operational after April 25, 2000, count toward meeting the 42.36 biomass mandate in this section. 43.1 (e) Nothing in this subdivision precludes a facility 43.2 proposed and approved under this subdivision from using fuel 43.3 sources that are not biomass in compliance with subdivision 3. 43.4 (f) Notwithstanding the provisions of subdivision 1, for 43.5 proposals subject to this subdivision, "biomass" includes 43.6 farm-grown closed-loop biomass; agricultural wastes, including 43.7 animal, poultry, and plant wastes; and waste wood, including 43.8 chipped wood, bark, brush, residue wood, and sawdust. 43.9 (g) Nothing in this subdivision affects in any way 43.10 contracts entered into as of April 25, 2000, to satisfy the 43.11 mandate in subdivision 5. 43.12 (h) Nothing in this subdivision requires a public utility 43.13 to retrofit its own power plants for the purpose of co-firing 43.14 biomass fuel, nor is a utility prohibited from retrofitting its 43.15 own power plants for the purpose of co-firing biomass fuel to 43.16 meet the requirements of this subdivision. 43.17 Sec. 44. Minnesota Statutes 2000, section 237.065, 43.18 subdivision 1, is amended to read: 43.19 Subdivision 1. [BASIC SERVICE; FLAT RATE.] Each telephone 43.20 company, including a company that has developed an incentive43.21plan under section 237.625,that provides local telephone 43.22 service in a service area that includes a school that has 43.23 classes within the range from kindergarten to 12th grade shall 43.24 provide, upon request, additional service to the school that is 43.25 sufficient to ensure access to basic telephone service from each 43.26 classroom and other areas within the school, as determined by 43.27 the school board. Each company shall set a flat rate for this 43.28 additional service that is less than the company's flat rate for 43.29 an access line for a business and the same as or greater than 43.30 the company's flat rate for an access line for a residence in 43.31 the same local telephone service exchange. When a company's 43.32 flat rates for businesses and residences are the same, the 43.33 company shall use the residential rate for service to schools 43.34 under this section. The rate required under this section is 43.35 available only for a school that installs additional service 43.36 that includes access to basic telephone service from each 44.1 classroom and other areas within the school, as determined by 44.2 the school board. 44.3 Sec. 45. Minnesota Statutes 2000, section 237.763, is 44.4 amended to read: 44.5 237.763 [EXEMPTION FROM RATE-OF-RETURN REGULATION AND RATE 44.6 INVESTIGATION.] 44.7 Except as provided in the plan and any subsequent plans, a 44.8 company that has an alternative regulation plan approved under 44.9 section 237.764, is not subject to the rate-of-return regulation 44.10 or earnings investigations provisions of section 237.075 or 44.11 237.081 during the term of the plan. A company with an approved 44.12 plan is not subject to the provisions of section 237.57;237.58;44.13 237.59; 237.60, subdivisions 1, 2, 4, and 5;237.62; 237.625;44.14 237.63; or 237.65, during the term of the plan. Except as 44.15 specifically provided in this section or in the approved plan, 44.16 the commission retains all of its authority under section 44.17 237.081 to investigate other matters and to issue appropriate 44.18 orders, and the department retains its authority under sections 44.19 216A.07 and 237.15 to investigate matters other than the 44.20 earnings of the company. 44.21 Sec. 46. Minnesota Statutes 2000, section 237.764, 44.22 subdivision 3, is amended to read: 44.23 Subd. 3. [EFFECT ON INCENTIVE PLAN.] The approval of a 44.24 plan under this section automatically terminates any existing 44.25 incentive plan previously approved under section 237.625, prior 44.26 to its expiration on August 1, 1999, upon the effective date of 44.27 the plan approved under this section, provided,. However, the 44.28 company remains obligated to share earnings under the terms of 44.29 the incentive plan through the date of the termination of that 44.30 plan and also is required to complete the performance of any 44.31 other unexecuted commitments under the incentive plan. 44.32 Sec. 47. Minnesota Statutes 2000, section 237.773, 44.33 subdivision 1, is amended to read: 44.34 Subdivision 1. [DEFINITION.] For purposes of this section, 44.35 "small telephone company" means a local exchange telephone 44.36 company with fewer than 50,000 subscribers that has made an 45.1 election under subdivision 2 whether or not the company is 45.2 subject to sections237.58,237.59,and 237.60, subdivisions 1, 45.3 2, and 5, 237.62, and 237.625. 45.4 Sec. 48. Minnesota Statutes 2000, section 256B.50, 45.5 subdivision 1, is amended to read: 45.6 Subdivision 1. [SCOPE.] A provider may appeal from a 45.7 determination of a payment rate established pursuant to this 45.8 chapter and reimbursement rules of the commissioner if the 45.9 appeal, if successful, would result in a change to the 45.10 provider's payment rate or to the calculation of maximum charges 45.11 to therapy vendors as provided by section 256B.433, subdivision 45.12 3. Appeals must be filed in accordance with procedures in this 45.13 section. This section does not apply to a request from a 45.14 resident or long-term care facility for reconsideration of the 45.15 classification of a resident under section 144.0722or 144.0723. 45.16 Sec. 49. Minnesota Statutes 2000, section 260B.007, 45.17 subdivision 16, is amended to read: 45.18 Subd. 16. [JUVENILE PETTY OFFENDER; JUVENILE PETTY 45.19 OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 45.20 alcohol offense, a juvenile controlled substance offense, a 45.21 violation of section 609.685, or a violation of a local 45.22 ordinance, which by its terms prohibits conduct by a child under 45.23 the age of 18 years which would be lawful conduct if committed 45.24 by an adult. 45.25 (b) Except as otherwise provided in paragraph (c), 45.26 "juvenile petty offense" also includes an offense that would be 45.27 a misdemeanor if committed by an adult. 45.28 (c) "Juvenile petty offense" does not include any of the 45.29 following: 45.30 (1) a misdemeanor-level violation of section 588.20, 45.31 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 609.746, 45.32 609.79, or 617.23; 45.33 (2) a major traffic offense or an adult court traffic 45.34 offense, as described in section 260B.225; 45.35 (3) a misdemeanor-level offense committed by a child whom 45.36 the juvenile court previously has found to have committed a 46.1 misdemeanor, gross misdemeanor, or felony offense; or 46.2 (4) a misdemeanor-level offense committed by a child whom 46.3 the juvenile court has found to have committed a 46.4 misdemeanor-level juvenile petty offense on two or more prior 46.5 occasions, unless the county attorney designates the child on 46.6 the petition as a juvenile petty offender notwithstanding this 46.7 prior record. As used in this clause, "misdemeanor-level 46.8 juvenile petty offense" includes a misdemeanor-level offense 46.9 that would have been a juvenile petty offense if it had been 46.10 committed on or after July 1, 1995. 46.11 (d) A child who commits a juvenile petty offense is a 46.12 "juvenile petty offender." 46.13 Sec. 50. Minnesota Statutes 2000, section 268.022, 46.14 subdivision 1, is amended to read: 46.15 Subdivision 1. [DETERMINATION AND COLLECTION OF SPECIAL 46.16 ASSESSMENT.] (a) In addition to all other taxes, assessments, 46.17 and payment obligations under chapter 268, each employer, except 46.18 an employer making payments in lieu of taxes is liable for a 46.19 special assessment levied at the rate of one-tenth of one 46.20 percent per year until June 30, 2000, and seven-hundredths of 46.21 one percent per year on and after July 1, 2000, on all taxable 46.22 wages, as defined in section268.04268.035, subdivision25b46.23 24. The assessment shall become due and be paid by each 46.24 employer to the department on the same schedule and in the same 46.25 manner as other taxes. 46.26 (b) The special assessment levied under this section shall 46.27 not affect the computation of any other taxes, assessments, or 46.28 payment obligations due under this chapter. 46.29 Sec. 51. Minnesota Statutes 2000, section 268.6715, is 46.30 amended to read: 46.31 268.6715 [1997 MINNESOTA EMPLOYMENT AND ECONOMIC 46.32 DEVELOPMENT PROGRAM.] 46.33 The 1997 Minnesota employment and economic development 46.34 program is established to assist businesses and communities to 46.35 create jobs that provide the wages, benefits, and on-the-job 46.36 training opportunities necessary to help low-wage workers and 47.1 people transitioning from public assistance to get and retain 47.2 jobs, and to help their families to move out of poverty. 47.3 Employment obtained under this program is not excluded from the 47.4 definition of "employment" by section268.04268.035, 47.5 subdivision1220, clause(10), paragraph (d)(11). 47.6 Sec. 52. Minnesota Statutes 2000, section 270.67, 47.7 subdivision 4, is amended to read: 47.8 Subd. 4. [OFFER-IN-COMPROMISE AND INSTALLMENT PAYMENT 47.9 PROGRAM.] (a) In implementing the authority provided in 47.10 subdivision12 or in section 8.30 to accept offers of 47.11 installment payments or offers-in-compromise of tax liabilities, 47.12 the commissioner of revenue shall prescribe guidelines for 47.13 employees of the department of revenue to determine whether an 47.14 offer-in-compromise or an offer to make installment payments is 47.15 adequate and should be accepted to resolve a dispute. In 47.16 prescribing the guidelines, the commissioner shall develop and 47.17 publish schedules of national and local allowances designed to 47.18 provide that taxpayers entering into a compromise or payment 47.19 agreement have an adequate means to provide for basic living 47.20 expenses. The guidelines must provide that the taxpayer's 47.21 ownership interest in a motor vehicle, to the extent of the 47.22 value allowed in section 550.37, will not be considered as an 47.23 asset; in the case of an offer related to a joint tax liability 47.24 of spouses, that value of two motor vehicles must be excluded. 47.25 The guidelines must provide that employees of the department 47.26 shall determine, on the basis of the facts and circumstances of 47.27 each taxpayer, whether the use of the schedules is appropriate 47.28 and that employees must not use the schedules to the extent the 47.29 use would result in the taxpayer not having adequate means to 47.30 provide for basic living expenses. The guidelines must provide 47.31 that: 47.32 (1) an employee of the department shall not reject an 47.33 offer-in-compromise or an offer to make installment payments 47.34 from a low-income taxpayer solely on the basis of the amount of 47.35 the offer; and 47.36 (2) in the case of an offer-in-compromise which relates 48.1 only to issues of liability of the taxpayer: 48.2 (i) the offer must not be rejected solely because the 48.3 commissioner is unable to locate the taxpayer's return or return 48.4 information for verification of the liability; and 48.5 (ii) the taxpayer shall not be required to provide an 48.6 audited, reviewed, or compiled financial statement. 48.7 (b) The commissioner shall establish procedures: 48.8 (1) that require presentation of a counteroffer or a 48.9 written rejection of the offer by the commissioner if the amount 48.10 offered by the taxpayer in an offer-in-compromise or an offer to 48.11 make installment payments is not accepted by the commissioner; 48.12 (2) for an administrative review of any written rejection 48.13 of a proposed offer-in-compromise or installment agreement made 48.14 by a taxpayer under this section before the rejection is 48.15 communicated to the taxpayer; 48.16 (3) that allow a taxpayer to request reconsideration of any 48.17 written rejection of the offer or agreement to the commissioner 48.18 of revenue to determine whether the rejection is reasonable and 48.19 appropriate under the circumstances; and 48.20 (4) that provide for notification to the taxpayer when an 48.21 offer-in-compromise has been accepted, and issuance of 48.22 certificates of release of any liens imposed under section 48.23 270.69 related to the liability which is the subject of the 48.24 compromise. 48.25 Sec. 53. Minnesota Statutes 2000, section 289A.18, 48.26 subdivision 4, is amended to read: 48.27 Subd. 4. [SALES AND USE TAX RETURNS.] (a) Sales and use 48.28 tax returns must be filed on or before the 20th day of the month 48.29 following the close of the preceding reporting period, except 48.30 that annual use tax returns provided for under section 289A.11, 48.31 subdivision 1, must be filed by April 15 following the close of 48.32 the calendar year, in the case of individuals. Annual use tax 48.33 returns of businesses, including sole proprietorships, and 48.34 annual sales tax returns must be filed by February 5 following 48.35 the close of the calendar year. 48.36 (b) Except for the return for the June reporting period, 49.1 which is due on the following August 25, returns filed by 49.2 retailers required to remit liabilities by means of funds 49.3 transfer under section 289A.20, subdivision 4, 49.4 paragraph(d)(c), are due on or before the 25th day of the 49.5 month following the close of the preceding reporting period. 49.6 (c) If a retailer has an average sales and use tax 49.7 liability, including local sales and use taxes administered by 49.8 the commissioner, equal to or less than $500 per month in any 49.9 quarter of a calendar year, and has substantially complied with 49.10 the tax laws during the preceding four calendar quarters, the 49.11 retailer may request authorization to file and pay the taxes 49.12 quarterly in subsequent calendar quarters. The authorization 49.13 remains in effect during the period in which the retailer's 49.14 quarterly returns reflect sales and use tax liabilities of less 49.15 than $1,500 and there is continued compliance with state tax 49.16 laws. 49.17 (d) If a retailer has an average sales and use tax 49.18 liability, including local sales and use taxes administered by 49.19 the commissioner, equal to or less than $100 per month during a 49.20 calendar year, and has substantially complied with the tax laws 49.21 during that period, the retailer may request authorization to 49.22 file and pay the taxes annually in subsequent years. The 49.23 authorization remains in effect during the period in which the 49.24 retailer's annual returns reflect sales and use tax liabilities 49.25 of less than $1,200 and there is continued compliance with state 49.26 tax laws. 49.27 (e) The commissioner may also grant quarterly or annual 49.28 filing and payment authorizations to retailers if the 49.29 commissioner concludes that the retailers' future tax 49.30 liabilities will be less than the monthly totals identified in 49.31 paragraphs (c) and (d). An authorization granted under this 49.32 paragraph is subject to the same conditions as an authorization 49.33 granted under paragraphs (c) and (d). 49.34 (f) A taxpayer who is a materials supplier may report gross 49.35 receipts either on: 49.36 (1) the cash basis as the consideration is received; or 50.1 (2) the accrual basis as sales are made. 50.2 As used in this paragraph, "materials supplier" means a person 50.3 who provides materials for the improvement of real property; who 50.4 is primarily engaged in the sale of lumber and building 50.5 materials-related products to owners, contractors, 50.6 subcontractors, repairers, or consumers; who is authorized to 50.7 file a mechanics lien upon real property and improvements under 50.8 chapter 514; and who files with the commissioner an election to 50.9 file sales and use tax returns on the basis of this paragraph. 50.10 Sec. 54. Minnesota Statutes 2000, section 289A.40, is 50.11 amended by adding a subdivision to read: 50.12 Subd. 4. [PROPERTY TAX REFUND CLAIMS.] A property tax 50.13 refund claim under chapter 290A is not allowed if the initial 50.14 claim is filed more than one year after the original due date 50.15 for filing the claim. 50.16 Sec. 55. Minnesota Statutes 2000, section 289A.60, 50.17 subdivision 12, is amended to read: 50.18 Subd. 12. [PENALTIES RELATING TO PROPERTY TAX REFUNDS.] 50.19 (a) If the commissioner determines that a property tax refund 50.20 claim is or was excessive and was filed with fraudulent intent, 50.21 the claim must be disallowed in full. If the claim has been 50.22 paid, the amount disallowed may be recovered by assessment and 50.23 collection. 50.24 (b) If it is determined that a property tax refund claim is 50.25 excessive and was negligently prepared, ten percent of the 50.26 corrected claim must be disallowed. If the claim has been paid, 50.27 the amount disallowed must be recovered by assessment and 50.28 collection. 50.29 (c) An owner who without reasonable cause fails to give a 50.30 certificate of rent constituting property tax to a renter, as 50.31 required by section 290A.19, paragraph (a), is liable to the 50.32 commissioner for a penalty of $100 for each failure. 50.33 (d) If the owner or managing agent knowingly gives rent 50.34 certificates that report total rent constituting property taxes 50.35 in excess of the amount of actual rent constituting property 50.36 taxes paid on the rented part of a property, the owner or 51.1 managing agent is liable for a penalty equal to the greater of 51.2 (1) $100 or (2) 50 percent of the excess that is reported. An 51.3 overstatement of rent constituting property taxes is presumed to 51.4 be knowingly made if it exceeds by ten percent or more the 51.5 actual rent constituting property taxes. 51.6(e) No claim is allowed if the initial claim is filed more51.7than one year after the original due date for filing the claim.51.8 Sec. 56. Minnesota Statutes 2000, section 289A.60, 51.9 subdivision 21, is amended to read: 51.10 Subd. 21. [PENALTY FOR FAILURE TO MAKE PAYMENT BY 51.11 ELECTRONIC FUNDS TRANSFER.] In addition to other applicable 51.12 penalties imposed by this section, after notification from the 51.13 commissioner to the taxpayer that payments are required to be 51.14 made by means of electronic funds transfer under section 51.15 289A.20, subdivision 2, paragraph (e), or 4, paragraph(d)(c), 51.16 or 289A.26, subdivision 2a, and the payments are remitted by 51.17 some other means, there is a penalty in the amount of five 51.18 percent of each payment that should have been remitted 51.19 electronically. The penalty can be abated under the abatement 51.20 procedures prescribed in section 270.07, subdivision 6, if the 51.21 failure to remit the payment electronically is due to reasonable 51.22 cause. 51.23 Sec. 57. Minnesota Statutes 2000, section 297I.60, 51.24 subdivision 2, is amended to read: 51.25 Subd. 2. [REMEDIES.] (a) If the taxpayer is notified that 51.26 the refund claim is denied in whole or in part, the taxpayer may 51.27 contest the denial by: 51.28 (1) filing an administrative appeal with the commissioner 51.29 under section 297I.95; 51.30 (2) filing an appeal in tax court within 60 days of the 51.31 date of the notice of denial; or 51.32 (3) filing an action in the district court to recover the 51.33 refund. 51.34 (b) An action in the district court must be brought within 51.35 18 months following the date of the notice of denial. An action 51.36 for refund of tax or surcharge must be brought in the district 52.1 court of the district in which lies the taxpayer's principal 52.2 place of business or in the district court for Ramsey county. 52.3 If a taxpayer files a claim for refund and the commissioner has 52.4 not issued a denial of the claim, the taxpayer may bring an 52.5 action in the district court or the tax court at any time after 52.6 the expiration of six monthsoffrom the time the claim was 52.7 filed. 52.8 Sec. 58. Minnesota Statutes 2000, section 299C.67, 52.9 subdivision 2, is amended to read: 52.10 Subd. 2. [BACKGROUND CHECK CRIME.] "Background check 52.11 crime" means: 52.12 (a)(1) a felony violation of section 609.185 (first degree 52.13 murder); 609.19 (second degree murder); 609.20 (first degree 52.14 manslaughter); 609.221 (first degree assault); 609.222 (second 52.15 degree assault); 609.223 (third degree assault); 609.25 52.16 (kidnapping); 609.342 (first degree criminal sexual conduct); 52.17 609.343 (second degree criminal sexual conduct); 609.344 (third 52.18 degree criminal sexual conduct); 609.345 (fourth degree criminal 52.19 sexual conduct); 609.561 (first degree arson); or 609.749 52.20 (harassment and stalking); 52.21 (2) an attempt to commit a crime in clause (1); or 52.22 (3) a conviction for a crime in another jurisdiction that 52.23 would be a violation under clause (1) or an attempt under clause 52.24(1)(2) in this state; or 52.25 (b)(1) a felony violation of section 609.195 (third degree 52.26 murder); 609.205 (second degree manslaughter); 609.21 (criminal 52.27 vehicular homicide and injury); 609.2231 (fourth degree 52.28 assault); 609.224 (fifth degree assault); 609.24 (simple 52.29 robbery); 609.245 (aggravated robbery); 609.255 (false 52.30 imprisonment); 609.52 (theft); 609.582, subdivision 1 or 2 52.31 (burglary); 609.713 (terroristic threats); or a nonfelony 52.32 violation of section 609.749 (harassment and stalking); 52.33 (2) an attempt to commit a crime in clause (1); or 52.34 (3) a conviction for a crime in another jurisdiction that 52.35 would be a violation under clause (1) or an attempt under clause 52.36(1)(2) in this state. 53.1 Sec. 59. Minnesota Statutes 2000, section 299N.02, 53.2 subdivision 2, is amended to read: 53.3 Subd. 2. [TERMS; CHAIR; COMPENSATION.] Members of the 53.4 board shall serve for terms of four years and annually elect a 53.5 chair from among the members. Terms and filling of vacancies 53.6 are subject to section 15.0575, subdivisions3 to2, 4, and 5. 53.7 Members serve without compensation. 53.8 Sec. 60. Minnesota Statutes 2000, section 322B.960, 53.9 subdivision 1, is amended to read: 53.10 Subdivision 1. [ANNUAL REGISTRATION FORM.] Each calendar 53.11 year beginning in the calendar year following the calendar year 53.12 in which a limited liability company files articles of 53.13 organization, the secretary of state must mail by first class 53.14 mail an annual registration form to the registered office of 53.15 each limited liability company as shown on the records of the 53.16 secretary of state. The form must include the following notice: 53.17 "NOTICE: Failure to file this form by December 31 of this 53.18 year will result in thedissolutiontermination or revocation of 53.19 this limited liability company without further notice from the 53.20 secretary of state, pursuant to Minnesota Statutes, section 53.21 322B.960." 53.22 Sec. 61. Minnesota Statutes 2000, section 356.371, 53.23 subdivision 1, is amended to read: 53.24 Subdivision 1. [DEFINITIONS.] As used in this section, the 53.25 following terms shall have the meanings given. 53.26 (1) "Annuity form" means the payment procedure and duration 53.27 of a retirement annuity or disability benefit available to a 53.28 member of a public pension fund, based on the period over which 53.29 a retirement annuity or disability benefit is payable, 53.30 determined by the number of persons to whom the retirement 53.31 annuity or disability benefit is payable, and the amount of the 53.32 retirement annuity or disability benefit which is payable to 53.33 each person. 53.34 (2) "Joint and survivor optional annuity" means an optional 53.35 annuity form which provides a retirement annuity or disability 53.36 benefit to a retired member and the spouse of the member on a 54.1 joint basis during the lifetime of the retired member and all or 54.2 a portion of the original retirement annuity or disability 54.3 benefit amount to the surviving spouse in the event of the death 54.4 of the retired member. 54.5 (3) "Optional annuity form" means an annuity form which is 54.6 elected by a member and is not provided automatically as the 54.7 standard annuity form of the public pension fund. 54.8 (4) "Public pension fund" means a public pension plan as 54.9 defined pursuant to section356.61356.615, paragraph (b). 54.10 (5) "Retirement annuity" means a series of monthly payments 54.11 to which a former or retired member of a public pension fund is 54.12 entitled on account of attaining a specified age and acquiring 54.13 credit for a specified period of service, which shall include a 54.14 retirement annuity, retirement allowance or service pension. 54.15 (6) "Disability benefit" means a series of monthly payments 54.16 to which a former or disabled member of a public pension fund is 54.17 entitled on account of a physical or mental inability to engage 54.18 in specified employment. 54.19 Sec. 62. Minnesota Statutes 2000, section 356.62, is 54.20 amended to read: 54.21 356.62 [PAYMENT OF EMPLOYEE CONTRIBUTION.] 54.22 For purposes of any public pension plan, as defined in 54.23 section356.61365.615, paragraph (b), each employer shall pick 54.24 up the employee contributions required pursuant to law or the 54.25 pension plan for all salary payable after December 31, 1982. If 54.26 the United States Treasury department rules that pursuant to 54.27 section 414(h) of the Internal Revenue Code of 1986, as amended 54.28 through December 31, 1992, that these picked up contributions 54.29 are not includable in the employee's adjusted gross income until 54.30 they are distributed or made available, then these picked up 54.31 contributions shall be treated as employer contributions in 54.32 determining tax treatment pursuant to the Internal Revenue Code 54.33 of 1986, as amended through December 31, 1992, and the employer 54.34 shall discontinue withholding federal income taxes on the amount 54.35 of these contributions. The employer shall pay these picked up 54.36 contributions from the same source of funds as is used to pay 55.1 the salary of the employee. The employer shall pick up these 55.2 employee contributions by a reduction in the cash salary of the 55.3 employee. 55.4 Employee contributions that are picked up shall be treated 55.5 for all purposes of the public pension plan in the same manner 55.6 and to the same extent as employee contributions that were made 55.7 prior to the date on which the employee contributions pick up 55.8 began. The amount of the employee contributions that are picked 55.9 up shall be included in the salary upon which retirement 55.10 coverage is credited and retirement and survivor's benefits are 55.11 determined. For purposes of this section, "employee" means any 55.12 person covered by a public pension plan. For purposes of this 55.13 section, "employee contributions" include any sums deducted from 55.14 the employee's salary or wages or otherwise paid in lieu 55.15 thereof, regardless of whether they are denominated 55.16 contributions by the public pension plan. 55.17 For any calendar year in which withholding has been reduced 55.18 pursuant to this section, the employing unit shall supply each 55.19 employee and the commissioner of revenue with an information 55.20 return indicating the amount of the employer's picked-up 55.21 contributions for the calendar year that were not subject to 55.22 withholding. This return shall be provided to the employee not 55.23 later than January 31 of the succeeding calendar year. The 55.24 commissioner of revenue shall prescribe the form of the return 55.25 and the provisions of section 289A.12 shall apply to the extent 55.26 not inconsistent with the provisions of this section. 55.27 Sec. 63. Minnesota Statutes 2000, section 356.65, 55.28 subdivision 1, is amended to read: 55.29 Subdivision 1. [DEFINITIONS.] For purposes of this 55.30 section, unless the context clearly indicates otherwise, the 55.31 following terms shall have the meanings given to them: 55.32 (a) "Public pension fund" means any public pension plan as 55.33 defined in section356.61356.615, paragraph (b), and any 55.34 Minnesota volunteer firefighters relief association which is 55.35 established pursuant to chapter 424A and governed pursuant to 55.36 sections 69.771 to 69.776. 56.1 (b) "Unclaimed public pension fund amounts" means any 56.2 amounts representing accumulated member contributions, any 56.3 outstanding unpaid annuity, service pension or other retirement 56.4 benefit payments, including those made on warrants issued by the 56.5 commissioner of finance, which have been issued and delivered 56.6 for more than six months prior to the date of the end of the 56.7 fiscal year applicable to the public pension fund, and any 56.8 applicable interest to the credit of: 56.9 (1) an inactive or former member of a public pension fund 56.10 who is not entitled to a defined retirement annuity and who has 56.11 not applied for a refund of those amounts within five years 56.12 after the last member contribution was made; 56.13 (2) a deceased inactive or former member of a public 56.14 pension fund if no survivor is entitled to a survivor benefit 56.15 and no survivor, designated beneficiary or legal representative 56.16 of the estate has applied for a refund of those amounts within 56.17 five years after the date of death of the inactive or former 56.18 member. 56.19 Sec. 64. Minnesota Statutes 2000, section 401.06, is 56.20 amended to read: 56.21 401.06 [COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY; 56.22 COMPLIANCE.] 56.23 No county or group of counties electing to provide 56.24 correctional services pursuant to sections 401.01 to 401.16 56.25 shall be eligible for the subsidy herein provided unless and 56.26 until its comprehensive plan shall have been approved by the 56.27 commissioner. The commissioner shall, pursuant to the 56.28 administrative procedure act, promulgate rules establishing 56.29 standards of eligibility for counties to receive funds under 56.30 sections 401.01 to 401.16. To remain eligible for subsidy 56.31 counties shall maintain substantial compliance with the minimum 56.32 standards established pursuant to sections 401.01 to 401.16 and 56.33 the policies and procedures governing the services described in 56.34 section401.02, subdivision 4401.025 as prescribed by the 56.35 commissioner. Counties shall also be in substantial compliance 56.36 with other correctional operating standards permitted by law and 57.1 established by the commissioner. The commissioner shall review 57.2 annually the comprehensive plans submitted by participating 57.3 counties, including the facilities and programs operated under 57.4 the plans. The commissioner is hereby authorized to enter upon 57.5 any facility operated under the plan, and inspect books and 57.6 records, for purposes of recommending needed changes or 57.7 improvements. 57.8 When the commissioner shall determine that there are 57.9 reasonable grounds to believe that a county or group of counties 57.10 is not in substantial compliance with minimum standards, at 57.11 least 30 days' notice shall be given the county or counties and 57.12 a hearing conducted by the commissioner to ascertain whether 57.13 there is substantial compliance or satisfactory progress being 57.14 made toward compliance. The commissioner may suspend all or a 57.15 portion of any subsidy until the required standard of operation 57.16 has been met. 57.17 Sec. 65. Minnesota Statutes 2000, section 462.352, 57.18 subdivision 5, is amended to read: 57.19 Subd. 5. [COMPREHENSIVE MUNICIPAL PLAN.] "Comprehensive 57.20 municipal plan" means a compilation of policy statements, goals, 57.21 standards, and maps for guiding the physical, social and 57.22 economic development, both private and public, of the 57.23 municipality and its environs,including air space and57.24subsurface areas necessary for mined underground space57.25development pursuant to sections 469.135 to 469.141,and may 57.26 include, but is not limited to, the following: statements of 57.27 policies, goals, standards, a land use plan, including proposed 57.28 densities for development, a community facilities plan, a 57.29 transportation plan, and recommendations for plan execution. A 57.30 comprehensive plan represents the planning agency's 57.31 recommendations for the future development of the community. 57.32 Sec. 66. Minnesota Statutes 2000, section 462.352, 57.33 subdivision 7, is amended to read: 57.34 Subd. 7. [TRANSPORTATION PLAN.] "Transportation plan" 57.35 means a compilation of policy statements, goals, standards, maps 57.36 and action programs for guiding the future development of the 58.1 various modes of transportation of the municipality and its 58.2 environs,including air space and subsurface areas necessary for58.3mined underground space development pursuant to sections 469.13558.4to 469.141,such as streets and highways, mass transit, 58.5 railroads, air transportation, trucking and water 58.6 transportation, and includes a major thoroughfare plan. 58.7 Sec. 67. Minnesota Statutes 2000, section 462.352, 58.8 subdivision 9, is amended to read: 58.9 Subd. 9. [CAPITAL IMPROVEMENT PROGRAM.] "Capital 58.10 improvement program" means an itemized program setting forth the 58.11 schedule and details of specific contemplated public 58.12 improvements by fiscal year,including public improvements in or58.13related to air space and subsurface areas necessary for mined58.14underground space development pursuant to sections 469.135 to58.15469.141,together with their estimated cost, the justification 58.16 for each improvement, the impact that such improvements will 58.17 have on the current operating expense of the municipality, and 58.18 such other information on capital improvements as may be 58.19 pertinent. 58.20 Sec. 68. Minnesota Statutes 2000, section 462.352, 58.21 subdivision 10, is amended to read: 58.22 Subd. 10. [OFFICIAL MAP.] "Official map" means a map 58.23 adopted in accordance with section 462.359 which may show 58.24 existing and proposed future streets, roads, and highways of the 58.25 municipality and county, the area needed for widening of 58.26 existing streets, roads, and highways of the municipality and 58.27 county,existing and proposed air space and subsurface areas58.28necessary for mined underground space development pursuant to58.29sections 469.135 to 469.141,and existing and future county 58.30 state aid highways and state trunk highway rights-of-way. An 58.31 official map may also show the location of existing and future 58.32 public land and facilities within the municipality. In counties 58.33 in the metropolitan area as defined in section 473.121, official 58.34 maps may for a period of up to five years designate the 58.35 boundaries of areas reserved for purposes of soil conservation, 58.36 water supply conservation, flood control and surface water 59.1 drainage and removal including appropriate regulations 59.2 protecting such areas against encroachment by buildings, other 59.3 physical structures or facilities. 59.4 Sec. 69. Minnesota Statutes 2000, section 462.352, 59.5 subdivision 15, is amended to read: 59.6 Subd. 15. [OFFICIAL CONTROLS.] "Official controls" or 59.7 "controls" means ordinances and regulations which control the 59.8 physical development of a city, county or town or any part 59.9 thereofincluding air space and subsurface areas necessary for59.10mined underground space development pursuant to sections 469.13559.11to 469.141,or any detail thereof and implement the general 59.12 objectives of the comprehensive plan. Official controls may 59.13 include ordinances establishing zoning, subdivision controls, 59.14 site plan regulations, sanitary codes, building codes and 59.15 official maps. 59.16 Sec. 70. Minnesota Statutes 2000, section 462.358, 59.17 subdivision 2a, is amended to read: 59.18 Subd. 2a. [TERMS OF REGULATIONS.] The standards and 59.19 requirements in the regulations may address without limitation: 59.20 the size, location, grading, and improvement of lots, 59.21 structures, public areas, streets, roads, trails, walkways, 59.22 curbs and gutters, water supply, storm drainage, lighting, 59.23 sewers, electricity, gas, and other utilities; the planning and 59.24 design of sites; access to solar energy; and the protection and 59.25 conservation of flood plains, shore lands, soils, water, 59.26 vegetation, energy, air quality, and geologic and ecologic 59.27 features. The regulations shall require that subdivisions be 59.28 consistent with the municipality's official map if one exists 59.29 and its zoning ordinance, and may require consistency with other 59.30 official controls and the comprehensive plan. The regulations 59.31 may prohibit certain classes or kinds of subdivisions in areas 59.32 where prohibition is consistent with the comprehensive plan and 59.33 the purposes of this section, particularly the preservation of 59.34 agricultural lands. The regulations may prohibit, restrict or 59.35 control development for the purpose of protecting and assuring 59.36 access to direct sunlight for solar energy systems.The60.1regulations may prohibit, restrict, or control surface, above60.2surface, or subsurface development for the purpose of protecting60.3subsurface areas for existing or potential mined underground60.4space development pursuant to sections 469.135 to 469.141, and60.5access thereto.The regulations may prohibit the issuance of 60.6 permits or approvals for any tracts, lots, or parcels for which 60.7 required subdivision approval has not been obtained. 60.8 The regulations may permit the municipality to condition 60.9 its approval on the construction and installation of sewers, 60.10 streets, electric, gas, drainage, and water facilities, and 60.11 similar utilities and improvements or, in lieu thereof, on the 60.12 receipt by the municipality of a cash deposit, certified check, 60.13 irrevocable letter of credit, or bond in an amount and with 60.14 surety and conditions sufficient to assure the municipality that 60.15 the utilities and improvements will be constructed or installed 60.16 according to the specifications of the municipality. Sections 60.17 471.345 and 574.26 do not apply to improvements made by a 60.18 subdivider or a subdivider's contractor. 60.19 The regulations may permit the municipality to condition 60.20 its approval on compliance with other requirements reasonably 60.21 related to the provisions of the regulations and to execute 60.22 development contracts embodying the terms and conditions of 60.23 approval. The municipality may enforce such agreements and 60.24 conditions by appropriate legal and equitable remedies. 60.25 Sec. 71. Minnesota Statutes 2000, section 469.126, 60.26 subdivision 2, is amended to read: 60.27 Subd. 2. [POWERS.] Within these districts the city may: 60.28 (1) adopt a development program consistent with which the 60.29 city may acquire, construct, reconstruct, improve, alter, 60.30 extend, operate, maintain, or promote developments aimed at 60.31 improving the physical facilities, quality of life, and quality 60.32 of transportation; 60.33 (2) acquire land or easements through negotiation or 60.34 through powers of eminent domain; 60.35 (3) adopt ordinances regulating traffic in pedestrian 60.36 skyway systems, public parking structures, and other facilities 61.1 constructed within the development district. Traffic 61.2 regulations may include direction and speed of traffic, policing 61.3 of pedestrianways, hours that pedestrianways are open to the 61.4 public, kinds of service activities that will be allowed in 61.5 arcades, parks, and plazas, and rates to be charged in the 61.6 parking structures; 61.7 (4) adopt ordinances regulating access to pedestrian skyway 61.8 systems and the conditions under which such access is allowed; 61.9 (5)designate districts for mined underground space61.10development under sections 469.135 to 469.141;61.11(6)require private developers to construct buildings so as 61.12 to accommodate and support pedestrian systems which are part of 61.13 the program for the development district. When the city 61.14 requires the developer to construct columns, beams, or girders 61.15 with greater strength than required for normal building 61.16 purposes, the city shall reimburse the developer for the added 61.17 expense from development district funds; 61.18(7)(6) install special lighting systems, special street 61.19 signs and street furniture, special landscaping of streets and 61.20 public property, and special snow removal systems; 61.21(8)(7) acquire property for the district; 61.22(9)(8) lease or sell air rights over public buildings and 61.23 spend public funds for constructing the foundations and columns 61.24 in the public buildings strong enough to support the buildings 61.25 to be constructed on air rights; 61.26(10)(9) lease all or portions of basement, ground, and 61.27 second floors of the public buildings constructed in the 61.28 district; and 61.29(11)(10) negotiate the sale or lease of property for 61.30 private development if the development is consistent with the 61.31 development program for the district. 61.32 Sec. 72. Minnesota Statutes 2000, section 469.301, 61.33 subdivision 1, is amended to read: 61.34 Subdivision 1. [GENERALLY.] In sections 469.301 to469.30861.35 469.304, the terms defined in this section have the meanings 61.36 given them, unless the context indicates a different meaning. 62.1 Sec. 73. Minnesota Statutes 2000, section 469.304, 62.2 subdivision 1, is amended to read: 62.3 Subdivision 1. [SUBMISSION OF APPLICATIONS.] An applicant 62.4 may seek enterprise zone designation by submitting an 62.5 application to the commissioner. The commissioner shall 62.6 establish procedures and forms for the submission of 62.7 applications for enterprise zone designation. The commissioner 62.8 may promulgate rules for the administration of the program.The62.9commissioner of revenue shall establish a schedule to determine62.10the tax credits in section 469.305.62.11 Sec. 74. Minnesota Statutes 2000, section 504B.181, 62.12 subdivision 4, is amended to read: 62.13 Subd. 4. [INFORMATION REQUIRED FOR MAINTENANCE OF ACTION.] 62.14 Except as otherwise provided in this subdivision, no action to 62.15 recover rent or possession of the premises shall be maintained 62.16 unless the information required by this section has been 62.17 disclosed to the tenant in the manner provided in this section, 62.18 or unless the information required by this section is known by 62.19 or has been disclosed to the tenant at least 30 days prior to 62.20 the initiation of such action. Failure by the landlord to post 62.21 a notice required by subdivision 2, paragraph (b), or section 62.22 471.9995 shall not prevent any action to recover rent or 62.23 possession of the premises. 62.24 Sec. 75. Minnesota Statutes 2000, section 504B.365, 62.25 subdivision 3, is amended to read: 62.26 Subd. 3. [REMOVAL AND STORAGE OF PROPERTY.] (a) If the 62.27 defendant's personal property is to be stored in a place other 62.28 than the premises, the officer shall remove all personal 62.29 property of the defendant at the expense of the plaintiff. 62.30 (b) The defendant must make immediate payment for all 62.31 expenses of removing personal property from the premises. If 62.32 the defendant fails or refuses to do so, the plaintiff has a 62.33 lien on all the personal property for the reasonable costs and 62.34 expenses incurred in removing, caring for, storing, and 62.35 transporting it to a suitable storage place. 62.36 (c) The plaintiff may enforce the lien by detaining the 63.1 personal property until paid. If no payment has been made for 63.2 60 days after the execution of the order to vacate, the 63.3 plaintiff may hold a public sale as provided in sections 514.18 63.4 to 514.22. 63.5 (d) If the defendant's personal property is to be stored on 63.6 the premises, the officer shall enter the premises, breaking in 63.7 if necessary, and the plaintiff may remove the defendant's 63.8 personal property. Section 504B.271 applies to personal 63.9 property removed under this paragraph. The plaintiff must 63.10 prepare an inventory and mail a copy of the inventory to the 63.11 defendant's last known address or, if the defendant has provided 63.12 a different address, to the address provided. The inventory 63.13 must be prepared, signed, and dated in the presence of the 63.14 officer and must include the following: 63.15 (1) a list of the items of personal property and a 63.16 description of their condition; 63.17 (2) the date, the signature of thedefendantplaintiff or 63.18 thedefendant'splaintiff's agent, and the name and telephone 63.19 number of a person authorized to release the personal property; 63.20 and 63.21 (3) the name and badge number of the officer. 63.22 (e) The officer must retain a copy of the inventory. 63.23 (f) The plaintiff is responsible for the proper removal, 63.24 storage, and care of the defendant's personal property and is 63.25 liable for damages for loss of or injury to it caused by the 63.26 plaintiff's failure to exercise the same care that a reasonably 63.27 careful person would exercise under similar circumstances. 63.28 (g) The plaintiff shall notify the defendant of the date 63.29 and approximate time the officer is scheduled to remove the 63.30 defendant, family, and personal property from the premises. The 63.31 notice must be sent by first class mail. In addition, the 63.32 plaintiff must make a good faith effort to notify the defendant 63.33 by telephone. The notice must be mailed as soon as the 63.34 information regarding the date and approximate time the officer 63.35 is scheduled to enforce the order is known to the plaintiff, 63.36 except that the scheduling of the officer to enforce the order 64.1 need not be delayed because of the notice requirement. The 64.2 notice must inform the defendant that the defendant and the 64.3 defendant's personal property will be removed from the premises 64.4 if the defendant has not vacated the premises by the time 64.5 specified in the notice. 64.6 Sec. 76. Minnesota Statutes 2000, section 515B.1-102, is 64.7 amended to read: 64.8 515B.1-102 [APPLICABILITY.] 64.9 (a) Except as provided in this section, this chapter, and 64.10 not chapters 515 and 515A, applies to all common interest 64.11 communities created within this state on and after June 1, 1994. 64.12 (b) The applicability of this chapter to common interest 64.13 communities created prior to June 1, 1994, shall be as follows: 64.14 (1) This chapter shall apply to condominiums created under 64.15 chapter 515A with respect to events and circumstances occurring 64.16 on and after June 1, 1994; provided (i) that this chapter shall 64.17 not invalidate the declarations, bylaws or condominium plats of 64.18 those condominiums, and (ii) that chapter 515A, and not this 64.19 chapter, shall govern all rights and obligations of a declarant 64.20 of a condominium created under chapter 515A, and the rights and 64.21 claims of unit owners against that declarant. 64.22 (2) The following sections in this chapter apply to 64.23 condominiums created under chapter 515: 515B.1-104 (Variation 64.24 by Agreement); 515B.1-105 (Separate Titles and Taxation); 64.25 515B.1-106 (Applicability of Local Ordinances, Regulations, and 64.26 Building Codes); 515B.1-107 (Eminent Domain); 515B.1-108 64.27 (Supplemental General Principles of Law Applicable); 515B.1-109 64.28 (Construction Against Implicit Repeal);515B.1-11164.29(Severability);515B.1-112 (Unconscionable Agreement or Term of 64.30 Contract); 515B.1-113 (Obligation of Good Faith); 515B.1-114 64.31 (Remedies to be Liberally Administered); 515B.1-115 (Notice); 64.32 515B.1-116 (Recording); 515B.2-103 (Construction and Validity of 64.33 Declaration and Bylaws); 515B.2-104 (Description of Units); 64.34 515B.2-108(d) (Allocation of Interests); 515B.2-109(c) (Common 64.35 Elements and Limited Common Elements); 515B.2-112 (Subdivision 64.36 or Conversion of Units); 515B.2-113 (Alteration of Units); 65.1 515B.2-114 (Relocation of Boundaries Between Adjoining Units); 65.2 515B.2-115 (Minor Variations in Boundaries); 515B.2-118 65.3 (Amendment of Declaration); 515B.3-102 (Powers of Unit Owners' 65.4 Association); 515B.3-103(a), (b), and (g) (Board; Directors and 65.5 Officers; Period of Declarant Control); 515B.3-107 (Upkeep of 65.6 Common Interest Community); 515B.3-108 (Meetings); 515B.3-109 65.7 (Quorums); 515B.3-110 (Voting; Proxies); 515B.3-111 (Tort and 65.8 Contract Liability); 515B.3-112 (Conveyance or Encumbrance of 65.9 Common Elements); 515B.3-113 (Insurance); 515B.3-114 (Reserves; 65.10 Surplus Funds); 515B.3-115 (c), (e), (f), (g), (h), and (i) 65.11 (Assessments for Common Expenses); 515B.3-116 (Lien for 65.12 Assessments); 515B.3-117 (Other Liens); 515B.3-118 (Association 65.13 Records); 515B.3-119 (Association as Trustee); 515B.3-121 65.14 (Accounting Controls); 515B.4-107 (Resale of Units); 515B.4-108 65.15 (Purchaser's Right to Cancel Resale); and 515B.4-116 (Rights of 65.16 Action; Attorney's Fees). Section 515B.1-103 (Definitions) 65.17 shall apply to the extent necessary in construing any of the 65.18 sections referenced in this section. Sections 515B.1-105, 65.19 515B.1-106, 515B.1-107, 515B.1-116, 515B.2-103, 515B.2-104, 65.20 515B.2-118, 515B.3-102, 515B.3-110, 515B.3-111, 515B.3-113, 65.21 515B.3-116, 515B.3-117, 515B.3-118, 515B.3-121, 515B.4-107, 65.22 515B.4-108, and 515B.4-116 apply only with respect to events and 65.23 circumstances occurring on and after June 1, 1994. All other 65.24 sections referenced in this section apply only with respect to 65.25 events and circumstances occurring after July 31, 1999. A 65.26 section referenced in this section does not invalidate the 65.27 declarations, bylaws or condominium plats of condominiums 65.28 created before August 1, 1999. But all sections referenced in 65.29 this section prevail over the declarations, bylaws, CIC plats, 65.30 rules and regulations under them, of condominiums created before 65.31 August 1, 1999, except to the extent that this chapter defers to 65.32 the declarations, bylaws, CIC plats, or rules and regulations 65.33 issued under them. 65.34 (3) This chapter shall not apply to cooperatives and 65.35 planned communities created prior to June 1, 1994; except by 65.36 election pursuant to subsection (d), and except that sections 66.1 515B.1-116, subsections (a), (c), (d), (e), (f), and (h), 66.2 515B.4-107, and 515B.4-108, apply to all planned communities and 66.3 cooperatives regardless of when they are created, unless they 66.4 are exempt under subsection (e). 66.5 (c) This chapter shall not invalidate any amendment to the 66.6 declaration, bylaws or condominium plat of any condominium 66.7 created under chapter 515 or 515A if the amendment was recorded 66.8 before June 1, 1994. Any amendment recorded on or after June 1, 66.9 1994, shall be adopted in conformity with the procedures and 66.10 requirements specified by those instruments and by this 66.11 chapter. If the amendment grants to any person any rights, 66.12 powers or privileges permitted by this chapter, all correlative 66.13 obligations, liabilities and restrictions contained in this 66.14 chapter shall also apply to that person. 66.15 (d) Any condominium created under chapter 515, any planned 66.16 community or cooperative which would be exempt from this chapter 66.17 under subsection (e), or any planned community or cooperative 66.18 created prior to June 1, 1994, may elect to be subject to this 66.19 chapter, as follows: 66.20 (1) The election shall be accomplished by recording a 66.21 declaration or amended declaration, and a new or amended CIC 66.22 plat where required, and by approving bylaws or amended bylaws, 66.23 which conform to the requirements of this chapter, and which, in 66.24 the case of amendments, are adopted in conformity with the 66.25 procedures and requirements specified by the existing 66.26 declaration and bylaws of the common interest community, and by 66.27 any applicable statutes. 66.28 (2) In a condominium, the preexisting condominium plat 66.29 shall be the CIC plat and an amended CIC plat shall be required 66.30 only if the amended declaration or bylaws contain provisions 66.31 inconsistent with the preexisting condominium plat. The 66.32 condominium's CIC number shall be the apartment ownership number 66.33 or condominium number originally assigned to it by the recording 66.34 officer. In a cooperative in which the unit owners' interests 66.35 are characterized as real estate, a CIC plat shall be required. 66.36 In a planned community, the preexisting plat recorded pursuant 67.1 to chapter 505, 508, or 508A, or the part of the plat upon which 67.2 the common interest community is located, shall be the CIC plat. 67.3 (3) The amendment shall conform to the requirements of 67.4 section 515B.2-118(d). 67.5 (4) Except as permitted by paragraph (3), no declarant, 67.6 affiliate of declarant, association, master association nor unit 67.7 owner may acquire, increase, waive, reduce or revoke any 67.8 previously existing warranty rights or causes of action that one 67.9 of said persons has against any other of said persons by reason 67.10 of exercising the right of election under this subsection. 67.11 (5) A common interest community which elects to be subject 67.12 to this chapter may, as a part of the election process, change 67.13 its form of ownership by complying with the requirements of 67.14 section 515B.2-123. 67.15 (e) Except as otherwise provided in this subsection, this 67.16 chapter shall not apply, except by election pursuant to 67.17 subsection (d), to the following: 67.18 (1) a planned community or cooperative which consists of 12 67.19 or fewer units subject to the same declaration, which is not 67.20 subject to any rights to add additional real estate and which 67.21 will not be subject to a master association; 67.22 (2) a common interest community where the units consist 67.23 solely of separate parcels of real estate designed or utilized 67.24 for detached single family dwellings or agricultural purposes, 67.25 and where the association has no obligation to maintain any 67.26 building containing a dwelling or any agricultural building; 67.27 (3) a cooperative where, at the time of creation of the 67.28 cooperative, the unit owners' interests in the dwellings as 67.29 described in the declaration consist solely of proprietary 67.30 leases having an unexpired term of fewer than 20 years, 67.31 including renewal options; 67.32 (4) planned communities and cooperatives limited by the 67.33 declaration to nonresidential use; or 67.34 (5) real estate subject only to an instrument or 67.35 instruments filed primarily for the purpose of creating or 67.36 modifying rights with respect to access, utilities, parking, 68.1 ditches, drainage, or irrigation. 68.2 (f) Section 515B.1-106 shall apply to all common interest 68.3 communities. 68.4 Sec. 77. Minnesota Statutes 2000, section 518.131, 68.5 subdivision 10, is amended to read: 68.6 Subd. 10. [MISDEMEANOR.] In addition to being punishable 68.7 by contempt, a violation of a provision of a temporary order or 68.8 restraining order granting the relief authorized in subdivision 68.9 1,clauses (f),clause (g), (h), or(h)(i), is a misdemeanor. 68.10 Sec. 78. Minnesota Statutes 2000, section 609.596, 68.11 subdivision 3, is amended to read: 68.12 Subd. 3. [DEFINITIONS.] As used in this section: 68.13 (1) "arson dog" means a dog that has been certified as an 68.14 arson dog by a state fire or police agency or by an independent 68.15 testing laboratory; 68.16 (2) "correctional facility" has the meaning given in 68.17 section 241.021, subdivision 1, clause (5); 68.18 (3) "peace officer" has the meaning given in section 68.19 626.84, subdivision 1, paragraph (c); and 68.20 (4) "search and rescue dog" means a dog that is trained to 68.21 locate lost or missing persons, victims of natural orman-made68.22 other disasters, and human bodies. 68.23 Sec. 79. Minnesota Statutes 2000, section 626.556, 68.24 subdivision 11, is amended to read: 68.25 Subd. 11. [RECORDS.] (a) Except as provided in paragraph 68.26 (b) and subdivisions 10b, 10d, 10g, and 11b, all records 68.27 concerning individuals maintained by a local welfare agency or 68.28 agency responsible for assessing or investigating the report 68.29 under this section, including any written reports filed under 68.30 subdivision 7, shall be private data on individuals, except 68.31 insofar as copies of reports are required by subdivision 7 to be 68.32 sent to the local police department or the county sheriff. 68.33 Reports maintained by any police department or the county 68.34 sheriff shall be private data on individuals except the reports 68.35 shall be made available to the investigating, petitioning, or 68.36 prosecuting authority, including county medical examiners or 69.1 county coroners. Section 13.82, subdivisions 7,5a8, and5b9, 69.2 apply to law enforcement data other than the reports. The local 69.3 social services agency or agency responsible for assessing or 69.4 investigating the report shall make available to the 69.5 investigating, petitioning, or prosecuting authority, including 69.6 county medical examiners or county coroners or their 69.7 professional delegates, any records which contain information 69.8 relating to a specific incident of neglect or abuse which is 69.9 under investigation, petition, or prosecution and information 69.10 relating to any prior incidents of neglect or abuse involving 69.11 any of the same persons. The records shall be collected and 69.12 maintained in accordance with the provisions of chapter 13. In 69.13 conducting investigations and assessments pursuant to this 69.14 section, the notice required by section 13.04, subdivision 2, 69.15 need not be provided to a minor under the age of ten who is the 69.16 alleged victim of abuse or neglect. An individual subject of a 69.17 record shall have access to the record in accordance with those 69.18 sections, except that the name of the reporter shall be 69.19 confidential while the report is under assessment or 69.20 investigation except as otherwise permitted by this 69.21 subdivision. Any person conducting an investigation or 69.22 assessment under this section who intentionally discloses the 69.23 identity of a reporter prior to the completion of the 69.24 investigation or assessment is guilty of a misdemeanor. After 69.25 the assessment or investigation is completed, the name of the 69.26 reporter shall be confidential. The subject of the report may 69.27 compel disclosure of the name of the reporter only with the 69.28 consent of the reporter or upon a written finding by the court 69.29 that the report was false and that there is evidence that the 69.30 report was made in bad faith. This subdivision does not alter 69.31 disclosure responsibilities or obligations under the rules of 69.32 criminal procedure. 69.33 (b) Upon request of the legislative auditor, data on 69.34 individuals maintained under this section must be released to 69.35 the legislative auditor in order for the auditor to fulfill the 69.36 auditor's duties under section 3.971. The auditor shall 70.1 maintain the data in accordance with chapter 13. 70.2 Sec. 80. [REVISOR'S INSTRUCTION.] 70.3 The revisor shall delete "118" and substitute "118A" in the 70.4 following sections of Minnesota Statutes: 52.04, 383B.702, 70.5 427.09, 446A.11, 462.396, 469.113, 471.88, and 471.981. 70.6 Sec. 81. [REPEALER.] 70.7 (a) Minnesota Statutes 2000, section 13.99, subdivision 1, 70.8 is repealed. 70.9 (b) Minnesota Statutes 2000, section 115B.22, subdivision 70.10 8, is repealed. 70.11 (c) Minnesota Statutes 2000, section 148.6402, subdivision 70.12 18, is repealed. 70.13 (d) Minnesota Statutes 2000, section 168.54, subdivision 6, 70.14 is repealed. 70.15 (e) Minnesota Statutes 2000, section 462.352, subdivision 70.16 17, is repealed. 70.17 (f) Minnesota Statutes, section 469.301, subdivisions 6, 7, 70.18 and 8, are repealed. 70.19 (g) Laws 1997, chapter 85, article 4, section 29, is 70.20 repealed. 70.21 (h) Laws 2000, chapter 254, section 30, is repealed. 70.22 (i) Laws 2000, chapter 444, article 2, sections 9 and 10, 70.23 are repealed. 70.24 Sec. 82. [EFFECTIVE DATE.] 70.25 Section 49 is effective the day following final enactment.