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1.5 	superseded provisions; making miscellaneous technical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 2004, sections 4.077, subdivision
1.8 	1; 10A.04, subdivision 6; 13.32, subdivision 3;
1.9 	13.321, by adding a subdivision; 13.381, by adding a
1.10 	subdivision; 13.46, subdivision 2; 13.47, subdivision
1.11 	1; 13.4963, subdivision 2; 15.0591, subdivision 2;
1.12 	15.39, subdivision 2; 16B.31, subdivision 1; 17.43;
1.13 	18C.60, subdivision 1; 28.15; 32.645; 47.59,
1.14 	subdivision 2; 62I.13, subdivision 3; 62L.17,
1.15 	subdivision 2a; 64B.37, subdivision 2; 82.33,
1.16 	subdivision 4; 84.8712, subdivisions 2, 3, 4, 6;
1.17 	85.22, subdivision 2a; 89.01, subdivision 5a;
1.18 	103F.205, subdivision 1; 115B.20, subdivision 2;
1.19 	116J.871, subdivision 3; 119B.25, subdivision 2;
1.20 	124D.68, subdivision 2; 127A.10; 137.09; 144.6501,
1.21 	subdivision 1; 145B.04; 152.027, subdivision 4;
1.22 	155A.03, subdivision 1; 155A.16; 161.1419, subdivision
1.23 	8; 168.275; 168.33, subdivision 2a; 169.21,
1.24 	subdivision 2; 169.50, subdivision 1; 169.59,
1.25 	subdivision 4; 169A.55, subdivision 3; 171.181,
1.26 	subdivision 1; 177.23, subdivision 7; 181.30; 201.014,
1.27 	subdivision 2; 201.071, subdivision 1; 201.15,
1.28 	subdivision 1; 204B.10, subdivision 6; 216B.61;
1.29 	219.57, subdivision 6; 234.23; 235.10; 235.13;
1.30 	237.763; 238.37; 238.38; 238.42; 239.791, subdivision
1.31 	15; 244.05, subdivisions 4, 5; 245.466, subdivision 1;
1.32 	245.4875, subdivision 1; 245.75; 246.01; 246B.04,
1.33 	subdivision 2; 252.24, subdivision 5; 252A.03,
1.34 	subdivisions 1, 4; 252A.101, subdivisions 1, 5;
1.35 	253B.23, subdivision 2; 256.93, subdivision 1;
1.36 	256B.055, subdivision 12; 256B.0625, subdivision 6a;
1.37 	256B.0627, subdivisions 1, 5; 256B.0917, subdivisions
1.38 	4, 5; 256B.0951, subdivision 8; 256B.431, subdivision
1.39 	14; 256G.01, subdivision 3; 256L.07, subdivision 1;
1.40 	256L.15, subdivision 2; 256M.10, subdivision 5;
1.41 	257B.08; 259.21, subdivision 4; 260B.007, subdivision
1.42 	16; 260C.101, subdivision 2; 276.04, subdivision 2;
1.43 	290.095, subdivision 1; 299D.07; 299F.051, subdivision
1.44 	4; 299F.093, subdivision 1; 302A.011, subdivision 16;
1.45 	303.03; 303.25, subdivision 1; 321.1114; 322B.03,
1.46 	subdivision 27; 325F.40; 325N.15; 329.17; 333.135;
2.1 	336.4A-105; 343.40, subdivision 3; 345.14; 346.05;
2.2 	353.01, subdivision 2; 353.34, subdivision 3a;
2.3 	356.431, subdivision 1; 395.22; 458D.02, subdivision
2.4 	2; 469.104; 473.845, subdivision 1; 481.05; 501B.18;
2.5 	501B.19; 514.996, subdivision 3; 515B.4-102;
2.6 	524.2-114; 525.9212; 525.95, subdivision 1; 527.38;
2.7 	527.39; 529.12; 540.18, subdivision 1; 580.041,
2.8 	subdivision 2; 624.64; 624.67; 626.84, subdivision 1;
2.9 	629.11; 631.04; Laws 2003, First Special Session
2.10 	chapter 11, article 2, section 21; Laws 2004, chapter
2.11 	199, article 12, section 108; Laws 2004, chapter 261,
2.12 	article 6, section 5; repealing Minnesota Statutes
2.13 	2004, sections 115B.49, subdivision 4a; 306.13;
2.14 	315.43; 317A.909, subdivision 4; 357.12; 367.40,
2.15 	subdivisions 3, 4; 367.401, subdivision 4; 367.42;
2.16 	398.35, subdivision 2; Laws 2001, First Special
2.17 	Session chapter 10, article 10, section 1; Laws 2003,
2.18 	chapter 8, section 2; Laws 2004, chapter 219, section
2.19 	1; Laws 2004, chapter 288, article 3, section 5.
2.20 	Minnesota Rules, parts 6700.0100, subpart 14;
2.21 	6700.1300; 9055.0125; 9055.0500; 9055.0510; 9055.0520;
2.22 	9055.0530; 9055.0540; 9055.0550; 9055.0560; 9055.0570;
2.23 	9055.0580; 9055.0590; 9055.0600; 9055.0610.
2.24 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.25 	ARTICLE 1
2.26 	GENERAL

2.27 	Section 1. Minnesota Statutes 2004, section 4.077,
2.28 	subdivision 1, is amended to read:
2.29 		Subdivision 1.Plan to renovate courts building.  (a) The
2.30 	Old Federal Courts Building in the city of St. Paul, ~~described~~
2.31 	~~in the registry of historic sites in section 138.57, and~~ called
2.32 	in this section the "courts building," is an outstanding example
2.33 	of federal architecture of its period and a significant symbol
2.34 	of constitutional government which spans much of this state's
2.35 	history.  Its acquisition, preservation, and appropriate use is
2.36 	a concern of the state and an important aspect of state policy
2.37 	declared in the Historic Sites Act of 1965.
2.38 	(b) The legislature is informed that feasible renovation
2.39 	and remodeling of the structure of this historic site would make
2.40 	it suitable to meet existing and foreseeable need of the state
2.41 	for school, classroom, and other educational use, or for use in
2.42 	the protection of public health, and such practical adaptation
2.43 	of the courts building should not be incompatible, but rather in
2.44 	keeping with, continued observance of the building as an
2.45 	historic monument.
2.46 	(c) National policy expressed in enactments of the Congress
2.47 	(including, but not necessarily limited to, the Surplus Property
3.1 	Act of 1944 and Federal Property and Administrative Services Act
3.2 	of 1949) make this historic site, now held by and subject to the
3.3 	control of the administrator of the General Service
3.4 	Administration, available to this state, its political
3.5 	subdivisions or instrumentalities upon compliance with the
3.6 	conditions of the statutes and rules promulgated thereunder for
3.7 	educational use or use in the protection of the public health,
3.8 	or as an historic monument for the benefit of the public.

3.9 	Sec. 2. Minnesota Statutes 2004, section 10A.04,
3.10 	subdivision 6, is amended to read:
3.11 		Subd. 6.Principal reports.  (a) A principal must report
3.12 	to the board as required in this subdivision by March 15 for the
3.13 	preceding calendar year. ~~Along with the report, the principal~~
3.14 	~~must pay a fee of $50, except as otherwise provided in this~~
3.15 	~~subdivision.  The fee must be no more than necessary to cover~~
3.16 	~~the cost of administering sections 10A.03 to 10A.06.  The amount~~
3.17 	~~of the fee is subject to change each biennium in accordance with~~
3.18 	~~the budget request made by the board.  The fee requirement~~
3.19 	~~expires June 30, 2004.~~
3.20 	(b) The principal must report the total amount, rounded to
3.21 	the nearest $20,000, spent by the principal during the preceding
3.22 	calendar year to influence legislative action, administrative
3.23 	action, and the official action of metropolitan governmental
3.24 	units.
3.25 	(c) The principal must report under this subdivision a
3.26 	total amount that includes:
3.27 	(1) all direct payments by the principal to lobbyists in
3.28 	this state;
3.29 	(2) all expenditures for advertising, mailing, research,
3.30 	analysis, compilation and dissemination of information, and
3.31 	public relations campaigns related to legislative action,
3.32 	administrative action, or the official action of metropolitan
3.33 	governmental units in this state; and
3.34 	(3) all salaries and administrative expenses attributable
3.35 	to activities of the principal relating to efforts to influence
3.36 	legislative action, administrative action, or the official
4.1 	action of metropolitan governmental units in this state.

4.2 	Sec. 3. Minnesota Statutes 2004, section 13.32,
4.3 	subdivision 3, is amended to read:
4.4 		Subd. 3.Private data; when disclosure is permitted.
 4.5 	Except as provided in subdivision 5, educational data is private
4.6 	data on individuals and shall not be disclosed except as follows:
4.7 	(a) pursuant to section 13.05;
4.8 	(b) pursuant to a valid court order;
4.9 	(c) pursuant to a statute specifically authorizing access
4.10 	to the private data;
4.11 	(d) to disclose information in health and safety
4.12 	emergencies pursuant to the provisions of United States Code,
4.13 	title 20, section 1232g(b)(1)(I) and Code of Federal
4.14 	Regulations, title 34, section 99.36;
4.15 	(e) pursuant to the provisions of United States Code, title
4.16 	20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B),
4.17 	(b)(3) and Code of Federal Regulations, title 34, sections
4.18 	99.31, 99.32, 99.33, 99.34, and 99.35;
4.19 	(f) to appropriate health authorities to the extent
4.20 	necessary to administer immunization programs and for bona fide
4.21 	epidemiologic investigations which the commissioner of health
4.22 	determines are necessary to prevent disease or disability to
4.23 	individuals in the public educational agency or institution in
4.24 	which the investigation is being conducted;
4.25 	(g) when disclosure is required for institutions that
4.26 	participate in a program under title IV of the Higher Education
4.27 	Act, United States Code, title 20, ~~chapter~~ section 1092;
4.28 	(h) to the appropriate school district officials to the
4.29 	extent necessary under subdivision 6, annually to indicate the
4.30 	extent and content of remedial instruction, including the
4.31 	results of assessment testing and academic performance at a
4.32 	postsecondary institution during the previous academic year by a
4.33 	student who graduated from a Minnesota school district within
4.34 	two years before receiving the remedial instruction;
4.35 	(i) to appropriate authorities as provided in United States
4.36 	Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern
5.1 	the juvenile justice system and the ability of the system to
5.2 	effectively serve, prior to adjudication, the student whose
5.3 	records are released; provided that the authorities to whom the
5.4 	data are released submit a written request for the data that
5.5 	certifies that the data will not be disclosed to any other
5.6 	person except as authorized by law without the written consent
5.7 	of the parent of the student and the request and a record of the
5.8 	release are maintained in the student's file;
5.9 	(j) to volunteers who are determined to have a legitimate
5.10 	educational interest in the data and who are conducting
5.11 	activities and events sponsored by or endorsed by the
5.12 	educational agency or institution for students or former
5.13 	students;
5.14 	(k) to provide student recruiting information, from
5.15 	educational data held by colleges and universities, as required
5.16 	by and subject to Code of Federal Regulations, title 32, section
5.17 	216;
5.18 	(l) to the juvenile justice system if information about the
5.19 	behavior of a student who poses a risk of harm is reasonably
5.20 	necessary to protect the health or safety of the student or
5.21 	other individuals;
5.22 	(m) with respect to Social Security numbers of students in
5.23 	the adult basic education system, to Minnesota State Colleges
5.24 	and Universities and the Department of Employment and Economic
5.25 	Development for the purpose and in the manner described in
5.26 	section 124D.52, subdivision 7; or
5.27 	(n) to the commissioner of education for purposes of an
5.28 	assessment or investigation of a report of alleged maltreatment
5.29 	of a student as mandated by section 626.556.  Upon request by
5.30 	the commissioner of education, data that are relevant to a
5.31 	report of maltreatment and are from charter school and school
5.32 	district investigations of alleged maltreatment of a student
5.33 	must be disclosed to the commissioner, including, but not
5.34 	limited to, the following:
5.35 	(1) information regarding the student alleged to have been
5.36 	maltreated;
6.1 	(2) information regarding student and employee witnesses;
6.2 	(3) information regarding the alleged perpetrator; and
6.3 	(4) what corrective or protective action was taken, if any,
6.4 	by the school facility in response to a report of maltreatment
6.5 	by an employee or agent of the school or school district.

6.6 	Sec. 4. Minnesota Statutes 2004, section 13.321, is
6.7 	amended by adding a subdivision to read:
6.8 		Subd. 2a.School accountability. Certain school
6.9 	accountability data are governed by section 120B.36,
6.10 	subdivisions 1, paragraph (e), and 2.

6.11 	Sec. 5. Minnesota Statutes 2004, section 13.381, is
6.12 	amended by adding a subdivision to read:
6.13 		Subd. 7a.Facility requirements. Data provided to, filed
6.14 	with, or created or obtained by the commissioner of health under
6.15 	section 144.7065 are classified as provided in section 144.7065,
6.16 	subdivision 10.

6.17 	Sec. 6. Minnesota Statutes 2004, section 13.46,
6.18 	subdivision 2, is amended to read:
6.19 		Subd. 2.General.  (a) Unless the data is summary data or
6.20 	a statute specifically provides a different classification, data
6.21 	on individuals collected, maintained, used, or disseminated by
6.22 	the welfare system is private data on individuals, and shall not
6.23 	be disclosed except:
6.24 	(1) according to section 13.05;
6.25 	(2) according to court order;
6.26 	(3) according to a statute specifically authorizing access
6.27 	to the private data;
6.28 	(4) to an agent of the welfare system, including a law
6.29 	enforcement person, attorney, or investigator acting for it in
6.30 	the investigation or prosecution of a criminal or civil
6.31 	proceeding relating to the administration of a program;
6.32 	(5) to personnel of the welfare system who require the data
6.33 	to verify an individual's identity; determine eligibility,
6.34 	amount of assistance, and the need to provide services to an
6.35 	individual or family across programs; evaluate the effectiveness
6.36 	of programs; and investigate suspected fraud;
7.1 	(6) to administer federal funds or programs;
7.2 	(7) between personnel of the welfare system working in the
7.3 	same program;
7.4 	(8) to the Department of Revenue to administer and evaluate
7.5 	tax refund or tax credit programs and to identify individuals
7.6 	who may benefit from these programs.  The following information
7.7 	may be disclosed under this paragraph:  an individual's and
7.8 	their dependent's names, dates of birth, Social Security
7.9 	numbers, income, addresses, and other data as required, upon
7.10 	request by the Department of Revenue.  Disclosures by the
7.11 	commissioner of revenue to the commissioner of human services
7.12 	for the purposes described in this clause are governed by
7.13 	section 270B.14, subdivision 1.  Tax refund or tax credit
7.14 	programs include, but are not limited to, the dependent care
7.15 	credit under section 290.067, the Minnesota working family
7.16 	credit under section 290.0671, the property tax refund and
7.17 	rental credit under section 290A.04, and the Minnesota education
7.18 	credit under section 290.0674;
7.19 	(9) between the Department of Human Services, the
7.20 	Department of Education, and the Department of Employment and
7.21 	Economic Development for the purpose of monitoring the
7.22 	eligibility of the data subject for unemployment benefits, for
7.23 	any employment or training program administered, supervised, or
7.24 	certified by that agency, for the purpose of administering any
7.25 	rehabilitation program or child care assistance program, whether
7.26 	alone or in conjunction with the welfare system, or to monitor
7.27 	and evaluate the Minnesota family investment program by
7.28 	exchanging data on recipients and former recipients of food
7.29 	support, cash assistance under chapter 256, 256D, 256J, or 256K,
7.30 	child care assistance under chapter 119B, or medical programs
7.31 	under chapter 256B, 256D, or 256L;
7.32 	(10) to appropriate parties in connection with an emergency
7.33 	if knowledge of the information is necessary to protect the
7.34 	health or safety of the individual or other individuals or
7.35 	persons;
7.36 	(11) data maintained by residential programs as defined in
8.1 	section 245A.02 may be disclosed to the protection and advocacy
8.2 	system established in this state according to Part C of Public
8.3 	Law 98-527 to protect the legal and human rights of persons with
8.4 	mental retardation or other related conditions who live in
8.5 	residential facilities for these persons if the protection and
8.6 	advocacy system receives a complaint by or on behalf of that
8.7 	person and the person does not have a legal guardian or the
8.8 	state or a designee of the state is the legal guardian of the
8.9 	person;
8.10 	(12) to the county medical examiner or the county coroner
8.11 	for identifying or locating relatives or friends of a deceased
8.12 	person;
8.13 	(13) data on a child support obligor who makes payments to
8.14 	the public agency may be disclosed to the Higher Education
8.15 	Services Office to the extent necessary to determine eligibility
8.16 	under section 136A.121, subdivision 2, clause (5);
8.17 	(14) participant Social Security numbers and names
8.18 	collected by the telephone assistance program may be disclosed
8.19 	to the Department of Revenue to conduct an electronic data match
8.20 	with the property tax refund database to determine eligibility
8.21 	under section 237.70, subdivision 4a;
8.22 	(15) the current address of a Minnesota family investment
8.23 	program participant may be disclosed to law enforcement officers
8.24 	who provide the name of the participant and notify the agency
8.25 	that:
8.26 	(i) the participant:
8.27 	(A) is a fugitive felon fleeing to avoid prosecution, or
8.28 	custody or confinement after conviction, for a crime or attempt
8.29 	to commit a crime that is a felony under the laws of the
8.30 	jurisdiction from which the individual is fleeing; or
8.31 	(B) is violating a condition of probation or parole imposed
8.32 	under state or federal law;
8.33 	(ii) the location or apprehension of the felon is within
8.34 	the law enforcement officer's official duties; and
8.35 	(iii) the request is made in writing and in the proper
8.36 	exercise of those duties;
9.1 	(16) the current address of a recipient of general
9.2 	assistance or general assistance medical care may be disclosed
9.3 	to probation officers and corrections agents who are supervising
9.4 	the recipient and to law enforcement officers who are
9.5 	investigating the recipient in connection with a felony level
9.6 	offense;
9.7 	(17) information obtained from food support applicant or
9.8 	recipient households may be disclosed to local, state, or
9.9 	federal law enforcement officials, upon their written request,
9.10 	for the purpose of investigating an alleged violation of the
9.11 	Food Stamp Act, according to Code of Federal Regulations, title
9.12 	7, section 272.1(c);
9.13 	(18) the address, Social Security number, and, if
9.14 	available, photograph of any member of a household receiving
9.15 	food support shall be made available, on request, to a local,
9.16 	state, or federal law enforcement officer if the officer
9.17 	furnishes the agency with the name of the member and notifies
9.18 	the agency that:
9.19 	(i) the member:
9.20 	(A) is fleeing to avoid prosecution, or custody or
9.21 	confinement after conviction, for a crime or attempt to commit a
9.22 	crime that is a felony in the jurisdiction the member is
9.23 	fleeing;
9.24 	(B) is violating a condition of probation or parole imposed
9.25 	under state or federal law; or
9.26 	(C) has information that is necessary for the officer to
9.27 	conduct an official duty related to conduct described in subitem
9.28 	(A) or (B);
9.29 	(ii) locating or apprehending the member is within the
9.30 	officer's official duties; and
9.31 	(iii) the request is made in writing and in the proper
9.32 	exercise of the officer's official duty;
9.33 	(19) the current address of a recipient of Minnesota family
9.34 	investment program, general assistance, general assistance
9.35 	medical care, or food support may be disclosed to law
9.36 	enforcement officers who, in writing, provide the name of the
10.1 	recipient and notify the agency that the recipient is a person
10.2 	required to register under section 243.166, but is not residing
10.3 	at the address at which the recipient is registered under
10.4 	section 243.166;
10.5 	(20) certain information regarding child support obligors
10.6 	who are in arrears may be made public according to section
10.7 	518.575;
10.8 	(21) data on child support payments made by a child support
10.9 	obligor and data on the distribution of those payments excluding
10.10 	identifying information on obligees may be disclosed to all
10.11 	obligees to whom the obligor owes support, and data on the
10.12 	enforcement actions undertaken by the public authority, the
10.13 	status of those actions, and data on the income of the obligor
10.14 	or obligee may be disclosed to the other party;
10.15 	(22) data in the work reporting system may be disclosed
10.16 	under section 256.998, subdivision 7;
10.17 	(23) to the Department of Education for the purpose of
10.18 	matching Department of Education student data with public
10.19 	assistance data to determine students eligible for free and
10.20 	reduced price meals, meal supplements, and free milk according
10.21 	to United States Code, title 42, sections 1758, 1761, 1766,
10.22 	1766a, 1772, and 1773; to allocate federal and state funds that
10.23 	are distributed based on income of the student's family; and to
10.24 	verify receipt of energy assistance for the telephone assistance
10.25 	plan;
10.26 	(24) the current address and telephone number of program
10.27 	recipients and emergency contacts may be released to the
10.28 	commissioner of health or a local board of health as defined in
10.29 	section 145A.02, subdivision 2, when the commissioner or local
10.30 	board of health has reason to believe that a program recipient
10.31 	is a disease case, carrier, suspect case, or at risk of illness,
10.32 	and the data are necessary to locate the person;
10.33 	(25) to other state agencies, statewide systems, and
10.34 	political subdivisions of this state, including the attorney
10.35 	general, and agencies of other states, interstate information
10.36 	networks, federal agencies, and other entities as required by
11.1 	federal regulation or law for the administration of the child
11.2 	support enforcement program;
11.3 	(26) to personnel of public assistance programs as defined
11.4 	in section 256.741, for access to the child support system
11.5 	database for the purpose of administration, including monitoring
11.6 	and evaluation of those public assistance programs;
11.7 	(27) to monitor and evaluate the Minnesota family
11.8 	investment program by exchanging data between the Departments of
11.9 	Human Services and Education, on recipients and former
11.10 	recipients of food support, cash assistance under chapter 256,
11.11 	256D, 256J, or 256K, child care assistance under chapter 119B,
11.12 	or medical programs under chapter 256B, 256D, or 256L;
11.13 	(28) to evaluate child support program performance and to
11.14 	identify and prevent fraud in the child support program by
11.15 	exchanging data between the Department of Human Services,
11.16 	Department of Revenue under section 270B.14, subdivision 1,
11.17 	paragraphs (a) and (b), without regard to the limitation of use
11.18 	in paragraph (c), Department of Health, Department of Employment
11.19 	and Economic Development, and other state agencies as is
11.20 	reasonably necessary to perform these functions; or
11.21 	(29) counties operating child care assistance programs
11.22 	under chapter 119B may disseminate data on program participants,
11.23 	applicants, and providers to the commissioner of education.
11.24 	(b) Information on persons who have been treated for drug
11.25 	or alcohol abuse may only be disclosed according to the
11.26 	requirements of Code of Federal Regulations, title 42, sections
11.27 	2.1 to 2.67.
11.28 	(c) Data provided to law enforcement agencies under
11.29 	paragraph (a), clause (15), (16), (17), or (18), or paragraph
11.30 	(b), are investigative data and are confidential or protected
11.31 	nonpublic while the investigation is active.  The data are
11.32 	private after the investigation becomes inactive under section
11.33 	13.82, subdivision 5, paragraph (a) or (b).
11.34 	(d) Mental health data shall be treated as provided in
11.35 	subdivisions 7, 8, and 9, but is not subject to the access
11.36 	provisions of subdivision 10, paragraph (b).
12.1 	For the purposes of this subdivision, a request will be
12.2 	deemed to be made in writing if made through a computer
12.3 	interface system.

12.4 	Sec. 7. Minnesota Statutes 2004, section 13.47,
12.5 	subdivision 1, is amended to read:
12.6 		Subdivision 1.Definition.  (a) "Employment and training
12.7 	data" means data on individuals collected, maintained, used, or
12.8 	disseminated because an individual applies for, is currently
12.9 	enrolled in, or has been enrolled in employment and training
12.10 	programs funded with federal, state, or local resources,
12.11 	including those provided under the Workforce Investment Act of
12.12 	1998, United States Code, title 29, section 2801.
12.13 	(b) "Employment and training service provider" means an
12.14 	entity certified, or seeking to be certified, by the
12.15 	commissioner of employment and economic development to deliver
12.16 	employment and training services under section ~~268.0122~~ 
12.17 	116J.401, subdivision ~~3~~ 2, or an organization that contracts
12.18 	with a certified entity or the Department of Employment and
12.19 	Economic Development to deliver employment and training services.
12.20 	(c) "Provider of training services" means an organization
12.21 	or entity that provides training under the Workforce Investment
12.22 	Act of 1998, United States Code, title 29, section 2801.

12.23 	Sec. 8. Minnesota Statutes 2004, section 13.4963,
12.24 	subdivision 2, is amended to read:
12.25 		Subd. 2.Generally.  Classification and disclosure of tax
12.26 	data created, collected, or maintained by the Department of
12.27 	Revenue under section 273.1315,chapter 115B, 289A (except for
12.28 	taxes imposed under sections 298.01, 298.015, and 298.24), 290,
12.29 	290A, 291, 295, 297A, or 297H, or any similar Indian tribal tax
12.30 	administered by the commissioner according to a tax agreement
12.31 	between the state and an Indian tribal government are governed
12.32 	by chapter 270B.

12.33 	Sec. 9. Minnesota Statutes 2004, section 15.0591,
12.34 	subdivision 2, is amended to read:
12.35 		Subd. 2.Bodies affected.  A member meeting the
12.36 	qualifications in subdivision 1 must be appointed to the
13.1 	following boards, commissions, advisory councils, task forces,
13.2 	or committees:
13.3 	(1) Advisory Council on Battered Women and Domestic Abuse;
13.4 	(2) Advisory Task Force on the Use of State Facilities;
13.5 	(3) Alcohol and Other Drug Abuse Advisory Council;
13.6 	(4) Board of Examiners for Nursing Home Administrators;
13.7 	(5) Board on Aging;
13.8 	(6) Chiropractic Examiners Board;
13.9 	(7) Council on Disability;
13.10 	(8) Council on Affairs of Chicano/Latino People;
13.11 	(9) Council on Black Minnesotans;
13.12 	(10) Dentistry Board;
13.13 	(11) Higher Education Services Office;
13.14 	(12) Housing Finance Agency;
13.15 	(13) Indian Advisory Council on Chemical Dependency;
13.16 	(14) Medical Practice Board;
13.17 	(15) ~~Medical Policy Directional Task Force on Mental~~
13.18 	~~Health;~~
13.19 	~~(16)~~ Minnesota State Arts Board;
13.20 	~~(17)~~ (16) Nursing Board;
13.21 	~~(18)~~ (17) Optometry Board;
13.22 	~~(19)~~ (18) Pharmacy Board;
13.23 	~~(20)~~ (19) Board of Physical Therapy;
13.24 	~~(21)~~ (20) Podiatry Board;
13.25 	~~(22)~~ (21) Psychology Board.

13.26 	Sec. 10. Minnesota Statutes 2004, section 15.39,
13.27 	subdivision 2, is amended to read:
13.28 		Subd. 2.Requisition authority.  The commissioner is
13.29 	authorized to requisition from the ~~economic security~~ 
13.30 	administration fund any amount necessary to pay premiums for the
13.31 	insurance specified in subdivision 1 and money in the amount
13.32 	necessary is appropriated for that purpose.

13.33 	Sec. 11. Minnesota Statutes 2004, section 16B.31,
13.34 	subdivision 1, is amended to read:
13.35 		Subdivision 1.Construction plans and specifications.
 13.36 	~~(a)~~ The commissioner shall (1) have plans and specifications
14.1 	prepared for the construction, alteration, or enlargement of all
14.2 	state buildings, structures, and other improvements except
14.3 	highways and bridges, and except for buildings and structures
14.4 	under the control of the Board of Regents of the University of
14.5 	Minnesota or of the Board of Trustees of the Minnesota State
14.6 	Colleges and Universities; (2) approve those plans and
14.7 	specifications; (3) advertise for bids and award all contracts
14.8 	in connection with the improvements; (4) supervise and inspect
14.9 	all work relating to the improvements; (5) approve all lawful
14.10 	changes in plans and specifications after the contract for an
14.11 	improvement is let; and (6) approve estimates for payment.  This
14.12 	subdivision does not apply to the construction of the Zoological
14.13 	Gardens.
14.14 	(b) MS 2002 (Expired)
14.15 	(c) MS 2002 (Expired)
14.16 	~~(d) The commissioner, the board, the Board of Regents of~~
14.17 	~~the University of Minnesota, and the Board of Trustees of the~~
14.18 	~~Minnesota State Colleges and Universities shall create a panel~~
14.19 	~~of representatives, including representatives of the~~
14.20 	~~construction industry and the architecture and engineering~~
14.21 	~~professions, to evaluate the use of design-build and the~~
14.22 	~~procedures for design-builder selection under section 16C.31,~~
14.23 	~~and shall report to the legislature on or before January 1,~~
14.24 	~~2004, as to the success of design-build as a method of~~
14.25 	~~construction and the need and desirability for any changes in~~
14.26 	~~the selection procedure.~~

14.27 	Sec. 12. Minnesota Statutes 2004, section 18C.60,
14.28 	subdivision 1, is amended to read:
14.29 		Subdivision 1.~~definitions~~ definition. ~~(a) The~~
14.30 	~~definitions in this subdivision apply to this section.~~
14.31 	~~(b) "Metropolitan county" means any one of the following~~
14.32 	~~counties:  Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or~~
14.33 	~~Washington.~~
14.34 	~~(c)~~ For the purpose of this section,"turf" means noncrop
14.35 	land planted in closely mowed, managed grasses including, but
14.36 	not limited to, residential and commercial residential property,
15.1 	private golf courses, and property owned by federal, state, or
15.2 	local units of government, including parks, recreation areas,
15.3 	and public golf courses.  Turf does not mean pasture, hayland,
15.4 	hay, turf grown on turf farms, or any other form of agricultural
15.5 	production.

15.6 	Sec. 13. Minnesota Statutes 2004, section 47.59,
15.7 	subdivision 2, is amended to read:
15.8 		Subd. 2.Application.  Extensions of credit or purchases
15.9 	of extensions of credit by financial institutions under sections
15.10 	47.20, 47.21, 47.201, 47.204, 47.58, 47.60, 48.153, 48.185,
15.11 	48.195, 59A.01 to 59A.15, 334.01, 334.011, 334.012, 334.022,
15.12 	334.06, and 334.061 to 334.19 may, but need not, be made
15.13 	according to those sections in lieu of the authority set forth
15.14 	in this section to the extent those sections authorize the
15.15 	financial institution to make extensions of credit or purchase
15.16 	extensions of credit under those sections.  If a financial
15.17 	institution elects to make an extension of credit or to purchase
15.18 	an extension of credit under those other sections, the extension
15.19 	of credit or the purchase of an extension of credit is subject
15.20 	to those sections and not this section, except this subdivision,
15.21 	and except as expressly provided in those sections.  A financial
15.22 	institution may also charge an organization a rate of interest
15.23 	and any charges agreed to by the organization and may calculate
15.24 	and collect finance and other charges in any manner agreed to by
15.25 	that organization.  Except for extensions of credit a financial
15.26 	institution elects to make under section 334.01, 334.011,
15.27 	334.012, ~~334.021~~ 334.022, 334.06, or 334.061 to 334.19, chapter
15.28 	334 does not apply to extensions of credit made according to
15.29 	this section or the sections listed in this subdivision.  This
15.30 	subdivision does not authorize a financial institution to extend
15.31 	credit or purchase an extension of credit under any of the
15.32 	sections listed in this subdivision if the financial institution
15.33 	is not authorized to do so under those sections.  A financial
15.34 	institution extending credit under any of the sections listed in
15.35 	this subdivision shall specify in the promissory note, contract,
15.36 	or other loan document the section under which the extension of
16.1 	credit is made.

16.2 	Sec. 14. Minnesota Statutes 2004, section 62I.13,
16.3 	subdivision 3, is amended to read:
16.4 		Subd. 3.Disqualifying factors.  For good cause, coverage
16.5 	may be denied or terminated by the association.  Good cause may
16.6 	exist if the applicant or insured:  (1) has an outstanding debt
16.7 	due or owing to the association at the time of application or
16.8 	renewal arising from a prior policy; (2) refuses to permit
16.9 	completion of an audit requested by the commissioner or
16.10 	administrator; (3) submits misleading or erroneous information
16.11 	to the commissioner or administrator; (4) disregards safety
16.12 	standards, laws, rules or ordinance pertaining to the risk being
16.13 	insured; (5) fails to supply information requested by the
16.14 	commissioner or administrator; and (6) fails to comply with the
16.15 	terms of the policies or contracts for coverage issued by the
16.16 	association~~; and (7) has not satisfied the requirements of the~~
16.17 	~~market assistance program as set forth in section 62I.09~~.

16.18 	Sec. 15. Minnesota Statutes 2004, section 62L.17,
16.19 	subdivision 2a, is amended to read:
16.20 		Subd. 2a.Participation of new small employer health
16.21 	carriers.  A health carrier that enters the small employer
16.22 	market subsequent to February 1993, may elect to not participate
16.23 	in the reinsurance association by filing an application within
16.24 	60 days of entry into the small employer market or May 26, 1995,
16.25 	whichever is later.  The commissioner shall make a determination
16.26 	and notify the health carrier no later than 60 days after
16.27 	receipt of the application.  In determining whether to approve
16.28 	the application, the commissioner shall consider the standards
16.29 	defined in subdivision 2, except that the commissioner may also
16.30 	consider whether the health carrier has a guaranteeing
16.31 	organization ~~as defined in section 62D.043, subdivision 1, or~~ as
16.32 	permitted under chapter 62N.

16.33 	Sec. 16. Minnesota Statutes 2004, section 82.33,
16.34 	subdivision 4, is amended to read:
16.35 		Subd. 4.Renewal; examination.  Except as provided in
16.36 	~~sections 82.22, subdivision 7, and~~ section 82.29, subdivision 7,
17.1 	no examination shall be required for the renewal of any license,
17.2 	provided, however, any licensee having been licensed as a broker
17.3 	or salesperson in the state of Minnesota and who shall fail to
17.4 	renew the license for a period of two years shall be required by
17.5 	the commissioner to again take an examination.

17.6 	Sec. 17. Minnesota Statutes 2004, section 84.8712,
17.7 	subdivision 2, is amended to read:
17.8 		Subd. 2.Civil citation; authority to issue.
 17.9 	Conservation officers and other licensed peace officers may
17.10 	issue civil citations to a person who operates a snowmobile in
17.11 	violation of this section ~~or section 84.8713~~.  The citation must
17.12 	impose a penalty of $50 for the first offense, $200 for the
17.13 	second offense, and $500 for third and subsequent offenses.

17.14 	Sec. 18. Minnesota Statutes 2004, section 84.8712,
17.15 	subdivision 3, is amended to read:
17.16 		Subd. 3.Appeals.  Civil citations for offenses under
17.17 	this section ~~or section 84.8713~~may be appealed under the
17.18 	procedures in section 116.072, subdivision 6, if the recipient
17.19 	of the citation requests a hearing by notifying the commissioner
17.20 	in writing within 15 days after receipt of the citation.  For
17.21 	the purposes of the enforcement of this section, the terms
17.22 	"commissioner" and "agency" as used in section 116.072 mean the
17.23 	commissioner of natural resources.  If a hearing is not
17.24 	requested within the 15-day period, the citation becomes a final
17.25 	order not subject to further review.

17.26 	Sec. 19. Minnesota Statutes 2004, section 84.8712,
17.27 	subdivision 4, is amended to read:
17.28 		Subd. 4.Enforcement.  Civil citations for offenses under
17.29 	this section ~~or section 84.8713~~may be enforced under section
17.30 	116.072, subdivision 9.  If a person fails to pay a penalty owed
17.31 	under this section, the person may not operate a snowmobile
17.32 	until the penalty is paid.  Penalty amounts must be remitted
17.33 	within 30 days of issuance of the penalty citation.

17.34 	Sec. 20. Minnesota Statutes 2004, section 84.8712,
17.35 	subdivision 6, is amended to read:
17.36 		Subd. 6.Selection of remedy.  A person operating a
18.1 	snowmobile in violation of this section ~~or section 84.8713~~is
18.2 	guilty of a petty misdemeanor punishable by a fine of no more
18.3 	than $50 for the first offense, no more than $300 for the second
18.4 	offense, and no more than $600 for the third and subsequent
18.5 	offenses.  A peace officer may not seek both civil and petty
18.6 	misdemeanor penalties for a violation of this section ~~or section~~
18.7 	~~84.8713~~.

18.8 	Sec. 21. Minnesota Statutes 2004, section 85.22,
18.9 	subdivision 2a, is amended to read:
18.10 		Subd. 2a.Receipts, appropriation.  All receipts derived
18.11 	from the rental or sale of state park items, tours at
18.12 	Forestville Mystery Cave State Park, and operation of Douglas
18.13 	Lodge shall be deposited in the state treasury and be credited
18.14 	to the state parks working capital account.  Receipts and
18.15 	expenses from Douglas Lodge shall be tracked separately within
18.16 	the account.  Money in the account is annually appropriated for
18.17 	the purchase and payment of expenses attributable to items for
18.18 	resale or rental and operation of Douglas Lodge.  Any excess
18.19 	receipts in this account are annually appropriated for state
18.20 	park management and interpretive programs.

18.21 	Sec. 22. Minnesota Statutes 2004, section 89.01,
18.22 	subdivision 5a, is amended to read:
18.23 		Subd. 5a.Sale of state forest land.  Any state lands
18.24 	included in areas set apart as state forests are eliminated from
18.25 	the state forest upon sale under the provisions of sections
18.26 	92.06 to ~~92.09~~ 92.08 or 94.09 to 94.16.

18.27 	Sec. 23. Minnesota Statutes 2004, section 103F.205,
18.28 	subdivision 1, is amended to read:
18.29 		Subdivision 1.Applicability.  The definitions in this
18.30 	section apply to sections 103F.201 to ~~103F.225~~ 103F.221.

18.31 	Sec. 24. Minnesota Statutes 2004, section 115B.20,
18.32 	subdivision 2, is amended to read:
18.33 		Subd. 2.Purposes for which money may be spent.  Money
18.34 	appropriated from the remediation fund under section 116.155,
18.35 	subdivision 2, paragraph (a), clause (1), may be spent only for
18.36 	the following purposes:
19.1 	(1) preparation by the agency and the commissioner of
19.2 	agriculture for taking removal or remedial action under section
19.3 	115B.17, or under chapter 18D, including investigation,
19.4 	monitoring and testing activities, enforcement and compliance
19.5 	efforts relating to the release of hazardous substances,
19.6 	pollutants or contaminants under section 115B.17 or 115B.18, or
19.7 	chapter 18D;
19.8 	(2) removal and remedial actions taken or authorized by the
19.9 	agency or the commissioner of the Pollution Control Agency under
19.10 	section 115B.17, or taken or authorized by the commissioner of
19.11 	agriculture under chapter 18D including related enforcement and
19.12 	compliance efforts under section 115B.17 or 115B.18, or chapter
19.13 	18D, and payment of the state share of the cost of remedial
19.14 	action which may be carried out under a cooperative agreement
19.15 	with the federal government pursuant to the federal Superfund
19.16 	Act, under United States Code, title 42, section 9604(c)(3) for
19.17 	actions related to facilities other than commercial hazardous
19.18 	waste facilities located under the siting authority of chapter
19.19 	115A;
19.20 	(3) reimbursement to any private person for expenditures
19.21 	made before July 1, 1983, to provide alternative water supplies
19.22 	deemed necessary by the agency or the commissioner of
19.23 	agriculture and the Department of Health to protect the public
19.24 	health from contamination resulting from the release of a
19.25 	hazardous substance;
19.26 	(4) assessment and recovery of natural resource damages by
19.27 	the agency and the ~~commissioners~~ commissioner of natural
19.28 	resources ~~and~~ for administration, ~~and~~ planning,and
19.29 	implementation by the commissioner of natural resources of the
19.30 	rehabilitation, restoration, or acquisition of natural resources
19.31 	to remedy injuries or losses to natural resources resulting from
19.32 	the release of a hazardous substance; before implementing a
19.33 	project to rehabilitate, restore, or acquire natural resources
19.34 	under this clause, the commissioner of natural resources shall
19.35 	provide written notice of the proposed project to the chairs of
19.36 	the senate and house of representatives committees with
20.1 	jurisdiction over environment and natural resources finance;
20.2 	(5) acquisition of a property interest under section
20.3 	115B.17, subdivision 15;
20.4 	(6) reimbursement, in an amount to be determined by the
20.5 	agency in each case, to a political subdivision that is not a
20.6 	responsible person under section 115B.03, for reasonable and
20.7 	necessary expenditures resulting from an emergency caused by a
20.8 	release or threatened release of a hazardous substance,
20.9 	pollutant, or contaminant; and
20.10 	(7) reimbursement to a political subdivision for
20.11 	expenditures in excess of the liability limit under section
20.12 	115B.04, subdivision 4.

20.13 	Sec. 25. Minnesota Statutes 2004, section 119B.25,
20.14 	subdivision 2, is amended to read:
20.15 		Subd. 2.Grants.  The commissioner shall distribute money
20.16 	provided by this section through a grant to a nonprofit
20.17 	corporation organized to plan, develop, and finance early
20.18 	childhood education and child care sites.  The nonprofit
20.19 	corporation must have demonstrated the ability to analyze
20.20 	financing projects, have knowledge of other sources of public
20.21 	and private financing for child care and early childhood
20.22 	education sites, and have a relationship with ~~the~~ regional 
20.23 	resource and referral programs ~~under section 119B.211~~.  The
20.24 	board of directors of the nonprofit corporation must include
20.25 	members who are knowledgeable about early childhood education,
20.26 	child care, development and improvement, and financing.  The
20.27 	commissioners of the Departments of Human Services and
20.28 	Employment and Economic Development, and the commissioner of the
20.29 	Housing Finance Agency shall advise the board on the loan
20.30 	program.  The grant must be used to make loans to improve child
20.31 	care or early childhood education sites, or loans to plan,
20.32 	design, and construct or expand licensed and legal unlicensed
20.33 	sites to increase the availability of child care or early
20.34 	childhood education.  All loans made by the nonprofit
20.35 	corporation must comply with section 363A.16.

20.36 	Sec. 26. Minnesota Statutes 2004, section 124D.68,
21.1 	subdivision 2, is amended to read:
21.2 		Subd. 2.Eligible pupils.  The following pupils are
21.3 	eligible to participate in the graduation incentives program:
21.4 	(a) any pupil under the age of 21 who:
21.5 	(1) performs substantially below the performance level for
21.6 	pupils of the same age in a locally determined achievement test;
21.7 	(2) is at least one year behind in satisfactorily
21.8 	completing coursework or obtaining credits for graduation;
21.9 	(3) is pregnant or is a parent;
21.10 	(4) has been assessed as chemically dependent;
21.11 	(5) has been excluded or expelled according to sections
21.12 	121A.40 to 121A.56;
21.13 	(6) has been referred by a school district for enrollment
21.14 	in an eligible program or a program pursuant to section 124D.69;
21.15 	(7) is a victim of physical or sexual abuse;
21.16 	(8) has experienced mental health problems;
21.17 	(9) has experienced homelessness sometime within six months
21.18 	before requesting a transfer to an eligible program;
21.19 	(10) speaks English as a second language or has limited
21.20 	English proficiency; or
21.21 	(11) has withdrawn from school or has been chronically
21.22 	truant; or
21.23 	(b) any person who is at least 21 years of age and who:
21.24 	(1) has received fewer than 14 years of public or nonpublic
21.25 	education, beginning at age 5;
21.26 	(2) has not completed the requirements for a high school
21.27 	diploma; and
21.28 	(3) at the time of application, (i) is eligible for
21.29 	unemployment benefits or has exhausted the benefits, (ii) is
21.30 	eligible for, or is receiving income maintenance and support
21.31 	services, as defined in section 116L.19, subdivision 5, or (iii)
21.32 	is eligible for services under the displaced homemaker program~~,~~
21.33 	~~state wage-subsidy program,~~or any programs under the federal
21.34 	Jobs Training Partnership Act or its successor.

21.35 	Sec. 27. Minnesota Statutes 2004, section 155A.03,
21.36 	subdivision 1, is amended to read:
22.1 		Subdivision 1.Terms.  For purposes of sections 155A.03
22.2 	to ~~155A.26~~ 155A.16, and unless the context clearly requires
22.3 	otherwise, the words defined in this section have the meanings
22.4 	given them.

22.5 	Sec. 28. Minnesota Statutes 2004, section 161.1419,
22.6 	subdivision 8, is amended to read:
22.7 		Subd. 8.Expiration.  The commission ~~shall expire~~ expires 
22.8 	on June 30, ~~2003~~ 2007.

22.9 	Sec. 29. Minnesota Statutes 2004, section 168.33,
22.10 	subdivision 2a, is amended to read:
22.11 		Subd. 2a.Deputy registrars, continuation in office.
 22.12 	Persons serving as deputy registrars on ~~the effective date of~~
22.13 	~~this act~~ July 1, 1970,shall continue to hold such office until
22.14 	a successor is duly appointed and qualifies.

22.15 	Sec. 30. Minnesota Statutes 2004, section 169.50,
22.16 	subdivision 1, is amended to read:
22.17 		Subdivision 1.Requirements; exception.  (a) Every motor
22.18 	vehicle and every vehicle that is being drawn at the end of a
22.19 	train of vehicles must be equipped with at least one taillamp,
22.20 	exhibiting a red light plainly visible from a distance of 500
22.21 	feet to the rear.
22.22 	(b) Every motor vehicle, other than a truck-tractor, and
22.23 	every vehicle that is being drawn at the end of a train of
22.24 	vehicles, registered in this state and manufactured or assembled
22.25 	after January 1, 1960, must be equipped with at least two
22.26 	taillamps mounted on the rear and on the same level and as
22.27 	widely spaced laterally as practicable.  When lighted, the
22.28 	taillamps must comply with the provisions of this section.
22.29 	(c) An implement of husbandry being towed by a motor
22.30 	vehicle at a speed of not more than 30 miles per hour,
22.31 	displaying a slow-moving vehicle emblem, and complying with
22.32 	section 169.55, subdivision 2, paragraph (a),clause (4), is not
22.33 	subject to the requirements of this section.

22.34 	Sec. 31. Minnesota Statutes 2004, section 169.59,
22.35 	subdivision 4, is amended to read:
22.36 		Subd. 4.Flashing warning light.  Any vehicle may be
23.1 	equipped with lamps which may be used for the purpose of warning
23.2 	the operators of other vehicles of the presence of a vehicular
23.3 	traffic hazard requiring the exercise of unusual care in
23.4 	approaching, overtaking, or passing, and when so equipped may
23.5 	display such warning in addition to any other warning signals
23.6 	required by this ~~act~~ section or section 169.50, subdivision 1 or
23.7 	3; 169.56, subdivision 1, 2, 3, or 4; 169.57, subdivision 1; or
23.8 	169.64, subdivision 3.  The lamps used to display such warnings
23.9 	to the front shall be mounted at the same level and as widely
23.10 	spaced laterally as practicable, and shall display simultaneous
23.11 	flashing white or amber lights, or any shade of color between
23.12 	white and amber.  The lamps used to display such warnings to the
23.13 	rear shall be mounted at the same level and as widely spaced
23.14 	laterally as practicable, and shall show simultaneously flashing
23.15 	amber or red lights, or any shade of color between amber and
23.16 	red.  Instead of a pair of lamps that flash simultaneously,
23.17 	either one or two strobe lights or rotating beacon lights with
23.18 	an amber or yellow lens may be used both to the front and rear
23.19 	of the vehicle.  These warning lights shall be visible from a
23.20 	distance of not less than 500 feet under normal atmospheric
23.21 	conditions at night.

23.22 	Sec. 32. Minnesota Statutes 2004, section 169A.55,
23.23 	subdivision 3, is amended to read:
23.24 		Subd. 3.Reinstatement or issuance of provisional
23.25 	license.  The commissioner shall not issue a provisional or
23.26 	regular driver's license to a person whose provisional driver's
23.27 	license was revoked for conviction as a juvenile of ~~violating~~ a
23.28 	violation of section 169A.20, 169A.33, or 169A.35; a violation
23.29 	of a provision of sections 169A.50 to 169A.53; or ~~revoked for~~
23.30 	~~conviction of~~ a crash-related moving violation; until the
23.31 	person, following the violation, reaches the age of 18 and
23.32 	satisfactorily:
23.33 	(1) completes a formal course in driving instruction
23.34 	approved by the commissioner of public safety;
23.35 	(2) completes an additional three months' experience
23.36 	operating a motor vehicle, as documented to the satisfaction of
24.1 	the commissioner;
24.2 	(3) completes the written examination for a driver's
24.3 	license with a passing score; and
24.4 	(4) complies with all other laws for reinstatement of a
24.5 	provisional or regular driver's license, as applicable.

24.6 	Sec. 33. Minnesota Statutes 2004, section 171.181,
24.7 	subdivision 1, is amended to read:
24.8 		Subdivision 1.Foreign state conviction.  (a) On revoking
24.9 	or suspending the driver's license of a Minnesota resident as a
24.10 	result of a foreign state conviction, the commissioner shall
24.11 	notify that foreign state when the driver's license is
24.12 	reinstated or a new license issued.
24.13 	(b) For the purposes of this section, "foreign state" means
24.14 	a state as defined in section 171.01, subdivision ~~46~~ 47,
24.15 	excluding the state of Minnesota.

24.16 	Sec. 34. Minnesota Statutes 2004, section 177.23,
24.17 	subdivision 7, is amended to read:
24.18 		Subd. 7.Employee.  "Employee" means any individual
24.19 	employed by an employer but does not include:
24.20 	(1) two or fewer specified individuals employed at any
24.21 	given time in agriculture on a farming unit or operation who are
24.22 	paid a salary;
24.23 	(2) any individual employed in agriculture on a farming
24.24 	unit or operation who is paid a salary greater than the
24.25 	individual would be paid if the individual worked 48 hours at
24.26 	the state minimum wage plus 17 hours at 1-1/2 times the state
24.27 	minimum wage per week;
24.28 	(3) an individual under 18 who is employed in agriculture
24.29 	on a farm to perform services other than corn detasseling or
24.30 	hand field work when one or both of that minor hand field
24.31 	worker's parents or physical custodians are also hand field
24.32 	workers;
24.33 	(4) for purposes of section 177.24, an individual under 18
24.34 	who is employed as a corn detasseler;
24.35 	(5) any staff member employed on a seasonal basis by an
24.36 	organization for work in an organized resident or day camp
25.1 	operating under a permit issued under section 144.72;
25.2 	(6) any individual employed in a bona fide executive,
25.3 	administrative, or professional capacity, or a salesperson who
25.4 	conducts no more than 20 percent of sales on the premises of the
25.5 	employer;
25.6 	(7) any individual who renders service gratuitously for a
25.7 	nonprofit organization;
25.8 	(8) any individual who serves as an elected official for a
25.9 	political subdivision or who serves on any governmental board,
25.10 	commission, committee or other similar body, or who renders
25.11 	service gratuitously for a political subdivision;
25.12 	(9) any individual employed by a political subdivision to
25.13 	provide police or fire protection services or employed by an
25.14 	entity whose principal purpose is to provide police or fire
25.15 	protection services to a political subdivision;
25.16 	(10) any individual employed by a political subdivision who
25.17 	is ineligible for membership in the Public Employees Retirement
25.18 	Association under section 353.01, subdivision 2b, clause (1),
25.19 	(2), (4), or (9);
25.20 	(11) any driver employed by an employer engaged in the
25.21 	business of operating taxicabs;
25.22 	(12) any individual engaged in babysitting as a sole
25.23 	practitioner;
25.24 	(13) for the purpose of section 177.25, any individual
25.25 	employed on a seasonal basis in a carnival, circus, fair, or ski
25.26 	facility;
25.27 	(14) any individual under 18 working less than 20 hours per
25.28 	workweek for a municipality as part of a recreational program;
25.29 	(15) any individual employed by the state as a natural
25.30 	resource manager 1, 2, or 3 (conservation officer);
25.31 	(16) any individual in a position for which the United
25.32 	States Department of Transportation has power to establish
25.33 	qualifications and maximum hours of service under United States
25.34 	Code, title 49, section ~~304~~ 31502;
25.35 	(17) any individual employed as a seafarer.  The term
25.36 	"seafarer" means a master of a vessel or any person subject to
26.1 	the authority, direction, and control of the master who is
26.2 	exempt from federal overtime standards under United States Code,
26.3 	title 29, section 213(b)(6), including but not limited to
26.4 	pilots, sailors, engineers, radio operators, firefighters,
26.5 	security guards, pursers, surgeons, cooks, and stewards;
26.6 	(18) any individual employed by a county in a single-family
26.7 	residence owned by a county home school as authorized under
26.8 	section 260B.060 if the residence is an extension facility of
26.9 	that county home school, and if the individual as part of the
26.10 	employment duties resides at the residence for the purpose of
26.11 	supervising children as defined by section 260C.007, subdivision
26.12 	4; or
26.13 	(19) nuns, monks, priests, lay brothers, lay sisters,
26.14 	ministers, deacons, and other members of religious orders who
26.15 	serve pursuant to their religious obligations in schools,
26.16 	hospitals, and other nonprofit institutions operated by the
26.17 	church or religious order.

26.18 	Sec. 35. Minnesota Statutes 2004, section 216B.61, is
26.19 	amended to read:
26.20 	216B.61 ACTIONS TO RECOVER PENALTIES.
26.21 	Actions to recover penalties under ~~Laws 1974,~~this chapter
26.22 	~~429~~ shall be brought in the name of the state of Minnesota in
26.23 	the district court of Ramsey County.

26.24 	Sec. 36. Minnesota Statutes 2004, section 237.763, is
26.25 	amended to read:
26.26 	237.763 EXEMPTION FROM EARNINGS REGULATION AND
26.27 	INVESTIGATION.
26.28 	Except as provided in the plan and any subsequent plans, a
26.29 	company that has an alternative regulation plan approved under
26.30 	section 237.764, is not subject to the rate-of-return regulation
26.31 	or earnings investigations provisions of section 237.075 or
26.32 	237.081 during the term of the plan.  A company with an approved
26.33 	plan is not subject to the provisions of section 237.57; 237.59;
26.34 	237.60, subdivisions 1, 2, 4, and 5; ~~237.63;~~or 237.65, during
26.35 	the term of the plan.  Except as specifically provided in this
26.36 	section or in the approved plan, the commission retains all of
27.1 	its authority under section 237.081 to investigate other matters
27.2 	and to issue appropriate orders, and the department retains its
27.3 	authority under sections 216A.07 and 237.15 to investigate
27.4 	matters other than the earnings of the company.

27.5 	Sec. 37. Minnesota Statutes 2004, section 238.37, is
27.6 	amended to read:
27.7 	238.37 SCOPE; POLE, DUCT, AND CONDUIT AGREEMENTS.
27.8 	Sections 238.02, subdivisions 3a, 20a, and 31b, and ~~238.36~~ 
27.9 	238.37 to 238.42 only apply to pole, duct, and conduit
27.10 	agreements entered into or renewed between public utilities and
27.11 	cable communications systems on or after January 1, 1976, and
27.12 	have no application to those agreements executed before January
27.13 	1, 1976, until those agreements are either renewed or
27.14 	substantially renegotiated.  If a public utility company and a
27.15 	cable communications system enter into an agreement regarding
27.16 	only pole attachments, sections 238.02, subdivisions 3a, 20a,
27.17 	and 31b, and ~~238.36~~ 238.37 to 238.42 relating to conduit systems
27.18 	are applicable to that agreement and if a public utility company
27.19 	and a cable communications system enter into an agreement
27.20 	regarding only use of a conduit system, sections 238.02,
27.21 	subdivisions 3a, 20a, and 31b, and ~~238.36~~ 238.37 to 238.42
27.22 	relating to pole attachments are not applicable to that
27.23 	agreement.

27.24 	Sec. 38. Minnesota Statutes 2004, section 238.38, is
27.25 	amended to read:
27.26 	238.38 PERMIT TO ATTACH TO POLE OR CONDUIT SYSTEM.
27.27 	Every pole, duct, and conduit agreement must contain a
27.28 	provision that before attaching to the public utility company's
27.29 	poles or occupying any part of the public utility's conduit
27.30 	system, the cable communications system shall apply and receive
27.31 	a permit for that purpose on a form provided by the public
27.32 	utility company.  If the cable communications system accepts the
27.33 	permit, it may attach its equipment to the poles covered by the
27.34 	permit or occupy the conduit system of the public utility to the
27.35 	extent authorized by the permit, subject to sections 238.02,
27.36 	subdivisions 3a, 20a, and 31b, and ~~238.36~~ 238.37 to 238.42 and
28.1 	the terms of the agreement between the contracting parties.  In
28.2 	granting or denying a permit, the public utility has the right
28.3 	to determine whether a grant of a permit would adversely affect
28.4 	its public services, duties, and obligations or have an adverse
28.5 	effect on the economy, safety, and future needs of the public
28.6 	utility.

28.7 	Sec. 39. Minnesota Statutes 2004, section 238.42, is
28.8 	amended to read:
28.9 	238.42 ADDITIONAL CONTRACT TERMS.
28.10 	Nothing contained in sections 238.02, subdivisions 3a, 20a,
28.11 	and 31b, and ~~238.36~~ 238.37 to 238.42 in any way prohibits a
28.12 	public utility company from including in its pole, duct, and
28.13 	conduit agreements with cable communications systems additional
28.14 	terms which do not conflict with sections 238.02, subdivisions
28.15 	3a, 20a, and 31b, and ~~238.36~~ 238.37 to 238.42.

28.16 	Sec. 40. Minnesota Statutes 2004, section 239.791,
28.17 	subdivision 15, is amended to read:
28.18 		Subd. 15.Exemption for certain blend pumps.  A person
28.19 	responsible for the product, who offers for sale, sells, or
28.20 	dispenses nonoxygenated premium gasoline under one or more of
28.21 	the exemptions in subdivisions 10 to 14, may sell, offer for
28.22 	sale, or dispense oxygenated gasoline that contains less than
28.23 	the minimum amount of ethanol required under subdivision 1 if
28.24 	all of the following conditions are met:
28.25 	(1) the blended gasoline has an octane rating of 88 or
28.26 	greater;
28.27 	(2) the gasoline is a blend of oxygenated gasoline meeting
28.28 	the requirements of subdivision 1 with nonoxygenated premium
28.29 	gasoline;
28.30 	(3) the blended gasoline contains not more than ten percent
28.31 	nonoxygenated premium gasoline;
28.32 	(4) the blending of oxygenated gasoline with nonoxygenated
28.33 	gasoline occurs within the gasoline dispenser; and
28.34 	(5) the gasoline station at which the gasoline is sold,
28.35 	offered for sale, or delivered is equipped to store gasoline in
28.36 	not more than two storage tanks.
29.1 	This subdivision applies only to those persons who ~~meet~~ met 
29.2 	the conditions in clauses (1) through (5) on ~~the effective date~~
29.3 	~~of this act~~ August 1, 2004,and ~~have~~ registered with the
29.4 	director ~~within three months of the effective date of this~~
29.5 	~~act~~ by November 1, 2004.

29.6 	Sec. 41. Minnesota Statutes 2004, section 244.05,
29.7 	subdivision 4, is amended to read:
29.8 		Subd. 4.Minimum imprisonment, life sentence.  An inmate
29.9 	serving a mandatory life sentence under section 609.106 must not
29.10 	be given supervised release under this section.  An inmate
29.11 	serving a mandatory life sentence under section 609.185, clause
29.12 	(1), (3), (5), or (6); or 609.109, subdivision ~~2a~~ 3, must not be
29.13 	given supervised release under this section without having
29.14 	served a minimum term of 30 years.  An inmate serving a
29.15 	mandatory life sentence under section 609.385 must not be given
29.16 	supervised release under this section without having served a
29.17 	minimum term of imprisonment of 17 years.

29.18 	Sec. 42. Minnesota Statutes 2004, section 244.05,
29.19 	subdivision 5, is amended to read:
29.20 		Subd. 5.Supervised release, life sentence.  (a) The
29.21 	commissioner of corrections may, under rules promulgated by the
29.22 	commissioner, give supervised release to an inmate serving a
29.23 	mandatory life sentence under section 609.185, clause (1), (3),
29.24 	(5), or (6); 609.109, subdivision ~~2a~~ 3; or 609.385 after the
29.25 	inmate has served the minimum term of imprisonment specified in
29.26 	subdivision 4.
29.27 	(b) The commissioner shall require the preparation of a
29.28 	community investigation report and shall consider the findings
29.29 	of the report when making a supervised release decision under
29.30 	this subdivision.  The report shall reflect the sentiment of the
29.31 	various elements of the community toward the inmate, both at the
29.32 	time of the offense and at the present time.  The report shall
29.33 	include the views of the sentencing judge, the prosecutor, any
29.34 	law enforcement personnel who may have been involved in the
29.35 	case, and any successors to these individuals who may have
29.36 	information relevant to the supervised release decision.  The
30.1 	report shall also include the views of the victim and the
30.2 	victim's family unless the victim or the victim's family chooses
30.3 	not to participate.
30.4 	(c) The commissioner shall make reasonable efforts to
30.5 	notify the victim, in advance, of the time and place of the
30.6 	inmate's supervised release review hearing.  The victim has a
30.7 	right to submit an oral or written statement at the review
30.8 	hearing.  The statement may summarize the harm suffered by the
30.9 	victim as a result of the crime and give the victim's
30.10 	recommendation on whether the inmate should be given supervised
30.11 	release at this time.  The commissioner must consider the
30.12 	victim's statement when making the supervised release decision.
30.13 	(d) As used in this subdivision, "victim" means the
30.14 	individual who suffered harm as a result of the inmate's crime
30.15 	or, if the individual is deceased, the deceased's surviving
30.16 	spouse or next of kin.

30.17 	Sec. 43. Minnesota Statutes 2004, section 245.466,
30.18 	subdivision 1, is amended to read:
30.19 		Subdivision 1.Development of services.  The county board
30.20 	in each county is responsible for using all available resources
30.21 	to develop and coordinate a system of locally available and
30.22 	affordable adult mental health services.  The county board may
30.23 	provide some or all of the mental health services and activities
30.24 	specified in subdivision 2 directly through a county agency or
30.25 	under contracts with other individuals or agencies.  A county or
30.26 	counties may enter into an agreement with a regional treatment
30.27 	center under section 246.57 or with any state facility or
30.28 	program as defined in section 246.50, subdivision 3, to enable
30.29 	the county or counties to provide the treatment services in
30.30 	subdivision 2.  Services provided through an agreement between a
30.31 	county and a regional treatment center must meet the same
30.32 	requirements as services from other service providers. ~~County~~
30.33 	~~boards shall demonstrate their continuous progress toward full~~
30.34 	~~implementation of sections 245.461 to 245.486 during the period~~
30.35 	~~July 1, 1987, to January 1, 1990.  County boards must develop~~
30.36 	~~fully each of the treatment services and management activities~~
31.1 	~~prescribed by sections 245.461 to 245.486 by January 1, 1990,~~
31.2 	~~according to the priorities established in section 245.464 and~~
31.3 	~~the adult mental health component of the community social~~
31.4 	~~services plan approved by the commissioner.~~

31.5 	Sec. 44. Minnesota Statutes 2004, section 245.4875,
31.6 	subdivision 1, is amended to read:
31.7 		Subdivision 1.Development of children's services.  The
31.8 	county board in each county is responsible for using all
31.9 	available resources to develop and coordinate a system of
31.10 	locally available and affordable children's mental health
31.11 	services.  The county board may provide some or all of the
31.12 	children's mental health services and activities specified in
31.13 	subdivision 2 directly through a county agency or under
31.14 	contracts with other individuals or agencies.  A county or
31.15 	counties may enter into an agreement with a regional treatment
31.16 	center under section 246.57 to enable the county or counties to
31.17 	provide the treatment services in subdivision 2.  Services
31.18 	provided through an agreement between a county and a regional
31.19 	treatment center must meet the same requirements as services
31.20 	from other service providers. ~~County boards shall demonstrate~~
31.21 	~~their continuous progress toward fully implementing sections~~
31.22 	~~245.487 to 245.4887 during the period July 1, 1989, to January~~
31.23 	~~1, 1992.  County boards must develop fully each of the treatment~~
31.24 	~~services prescribed by sections 245.487 to 245.4887 by January~~
31.25 	~~1, 1992, according to the priorities established in section~~
31.26 	~~245.4873 and the children's mental health component of the~~
31.27 	~~community social services plan approved by the commissioner~~
31.28 	~~under section 245.4887.~~

31.29 	Sec. 45. Minnesota Statutes 2004, section 245.75, is
31.30 	amended to read:
31.31 	245.75 FEDERAL GRANTS FOR THE WELFARE AND RELIEF OF
31.32 	MINNESOTA INDIANS.
31.33 	The commissioner of human services is authorized to enter
31.34 	into contracts with the Department of Health, Education, Welfare
31.35 	and the Department of Interior, Bureau of Indian Affairs, for
31.36 	the purpose of receiving federal grants for the welfare and
32.1 	relief of Minnesota Indians. ~~Such contract and the plan of~~
32.2 	~~distribution of such funds shall be subject to approval of the~~
32.3 	~~Minnesota Public Relief Advisory Committee.~~

32.4 	Sec. 46. Minnesota Statutes 2004, section 246B.04,
32.5 	subdivision 2, is amended to read:
32.6 		Subd. 2.Ban on obscene material or pornographic work.
 32.7 	The commissioner shall prohibit persons civilly committed as
32.8 	sexual psychopathic personalities or sexually dangerous persons
32.9 	under ~~sections 246.43 and~~ section 253B.185 from having or
32.10 	receiving material that is obscene as defined under section
32.11 	617.241, subdivision 1, material that depicts sexual conduct as
32.12 	defined under section 617.241, subdivision 1, or pornographic
32.13 	work as defined under section 617.246, subdivision 1, while
32.14 	receiving services in any secure treatment facilities operated
32.15 	by the Minnesota sex offender program or any other facilities
32.16 	operated by the commissioner.

32.17 	Sec. 47. Minnesota Statutes 2004, section 252.24,
32.18 	subdivision 5, is amended to read:
32.19 		Subd. 5.Developmental achievement centers:  salary
32.20 	adjustment per diem.  The commissioner shall approve a two
32.21 	percent increase in the payment rates for day training and
32.22 	habilitation services vendors effective July 1, 1991.  All
32.23 	revenue generated shall be used by vendors to increase salaries,
32.24 	fringe benefits, and payroll taxes by at least three percent for
32.25 	personnel below top management.  County boards shall amend
32.26 	contracts with vendors to require that all revenue generated by
32.27 	this provision is expended on salary increases to staff below
32.28 	top management.  County boards shall verify in writing to the
32.29 	commissioner that each vendor has complied with this
32.30 	requirement.  If a county board determines that a vendor has not
32.31 	complied with this requirement for a specific contract period,
32.32 	the county board shall reduce the vendor's payment rates for the
32.33 	next contract period to reflect the amount of money not spent
32.34 	appropriately.  The commissioner shall modify reporting
32.35 	requirements for vendors and counties as necessary to monitor
32.36 	compliance with this provision.
33.1 	~~Each county agency shall report to the commissioner by July~~
33.2 	~~30, 1991, its actual social service day training and~~
33.3 	~~habilitation expenditures for calendar year 1990.  The~~
33.4 	~~commissioner shall allocate the day habilitation service CSSA~~
33.5 	~~appropriation made available for this purpose to county agencies~~
33.6 	~~in proportion to these expenditures.~~

33.7 	Sec. 48. Minnesota Statutes 2004, section 256B.055,
33.8 	subdivision 12, is amended to read:
33.9 		Subd. 12.Disabled children.  (a) A person is eligible
33.10 	for medical assistance if the person is under age 19 and
33.11 	qualifies as a disabled individual under United States Code,
33.12 	title 42, section 1382c(a), and would be eligible for medical
33.13 	assistance under the state plan if residing in a medical
33.14 	institution, and the child requires a level of care provided in
33.15 	a hospital, nursing facility, or intermediate care facility for
33.16 	persons with mental retardation or related conditions, for whom
33.17 	home care is appropriate, provided that the cost to medical
33.18 	assistance under this section is not more than the amount that
33.19 	medical assistance would pay for if the child resides in an
33.20 	institution.  After the child is determined to be eligible under
33.21 	this section, the commissioner shall review the child's
33.22 	disability under United States Code, title 42, section 1382c(a)
33.23 	and level of care defined under this section no more often than
33.24 	annually and may elect, based on the recommendation of health
33.25 	care professionals under contract with the state medical review
33.26 	team, to extend the review of disability and level of care up to
33.27 	a maximum of four years.  The commissioner's decision on the
33.28 	frequency of continuing review of disability and level of care
33.29 	is not subject to administrative appeal under section 256.045.
33.30 	Nothing in this subdivision shall be construed as affecting
33.31 	other redeterminations of medical assistance eligibility under
33.32 	this chapter and annual cost-effective reviews under this
33.33 	section.
33.34 	(b) For purposes of this subdivision, "hospital" means an
33.35 	institution as defined in section 144.696, subdivision 3,
33.36 	144.55, subdivision 3, or Minnesota Rules, part 4640.3600, and
34.1 	licensed pursuant to sections 144.50 to 144.58.  For purposes of
34.2 	this subdivision, a child requires a level of care provided in a
34.3 	hospital if the child is determined by the commissioner to need
34.4 	an extensive array of health services, including mental health
34.5 	services, for an undetermined period of time, whose health
34.6 	condition requires frequent monitoring and treatment by a health
34.7 	care professional or by a person supervised by a health care
34.8 	professional, who would reside in a hospital or require frequent
34.9 	hospitalization if these services were not provided, and the
34.10 	daily care needs are more complex than a nursing facility level
34.11 	of care.
34.12 	A child with serious emotional disturbance requires a level
34.13 	of care provided in a hospital if the commissioner determines
34.14 	that the individual requires 24-hour supervision because the
34.15 	person exhibits recurrent or frequent suicidal or homicidal
34.16 	ideation or behavior, recurrent or frequent psychosomatic
34.17 	disorders or somatopsychic disorders that may become life
34.18 	threatening, recurrent or frequent severe socially unacceptable
34.19 	behavior associated with psychiatric disorder, ongoing and
34.20 	chronic psychosis or severe, ongoing and chronic developmental
34.21 	problems requiring continuous skilled observation, or severe
34.22 	disabling symptoms for which office-centered outpatient
34.23 	treatment is not adequate, and which overall severely impact the
34.24 	individual's ability to function.
34.25 	(c) For purposes of this subdivision, "nursing facility"
34.26 	means a facility which provides nursing care as defined in
34.27 	section 144A.01, subdivision 5, licensed pursuant to sections
34.28 	144A.02 to 144A.10, which is appropriate if a person is in
34.29 	active restorative treatment; is in need of special treatments
34.30 	provided or supervised by a licensed nurse; or has unpredictable
34.31 	episodes of active disease processes requiring immediate
34.32 	judgment by a licensed nurse.  For purposes of this subdivision,
34.33 	a child requires the level of care provided in a nursing
34.34 	facility if the child is determined by the commissioner to meet
34.35 	the requirements of the preadmission screening assessment
34.36 	document under section 256B.0911 and the home care independent
35.1 	rating document under section 256B.0627, subdivision 5,
35.2 	paragraph ~~(f)~~ (e), clause (2), item (iii), adjusted to address
35.3 	age-appropriate standards for children age 18 and under,
35.4 	pursuant to section 256B.0627, subdivision 5, paragraph (d),
35.5 	clause (2).
35.6 	(d) For purposes of this subdivision, "intermediate care
35.7 	facility for persons with mental retardation or related
35.8 	conditions" or "ICF/MR" means a program licensed to provide
35.9 	services to persons with mental retardation under section
35.10 	252.28, and chapter 245A, and a physical plant licensed as a
35.11 	supervised living facility under chapter 144, which together are
35.12 	certified by the Minnesota Department of Health as meeting the
35.13 	standards in Code of Federal Regulations, title 42, part 483,
35.14 	for an intermediate care facility which provides services for
35.15 	persons with mental retardation or persons with related
35.16 	conditions who require 24-hour supervision and active treatment
35.17 	for medical, behavioral, or habilitation needs.  For purposes of
35.18 	this subdivision, a child requires a level of care provided in
35.19 	an ICF/MR if the commissioner finds that the child has mental
35.20 	retardation or a related condition in accordance with section
35.21 	256B.092, is in need of a 24-hour plan of care and active
35.22 	treatment similar to persons with mental retardation, and there
35.23 	is a reasonable indication that the child will need ICF/MR
35.24 	services.
35.25 	(e) For purposes of this subdivision, a person requires the
35.26 	level of care provided in a nursing facility if the person
35.27 	requires 24-hour monitoring or supervision and a plan of mental
35.28 	health treatment because of specific symptoms or functional
35.29 	impairments associated with a serious mental illness or disorder
35.30 	diagnosis, which meet severity criteria for mental health
35.31 	established by the commissioner and published in March 1997 as
35.32 	the Minnesota Mental Health Level of Care for Children and
35.33 	Adolescents with Severe Emotional Disorders.
35.34 	(f) The determination of the level of care needed by the
35.35 	child shall be made by the commissioner based on information
35.36 	supplied to the commissioner by the parent or guardian, the
36.1 	child's physician or physicians, and other professionals as
36.2 	requested by the commissioner.  The commissioner shall establish
36.3 	a screening team to conduct the level of care determinations
36.4 	according to this subdivision.
36.5 	(g) If a child meets the conditions in paragraph (b), (c),
36.6 	(d), or (e), the commissioner must assess the case to determine
36.7 	whether:
36.8 	(1) the child qualifies as a disabled individual under
36.9 	United States Code, title 42, section 1382c(a), and would be
36.10 	eligible for medical assistance if residing in a medical
36.11 	institution; and
36.12 	(2) the cost of medical assistance services for the child,
36.13 	if eligible under this subdivision, would not be more than the
36.14 	cost to medical assistance if the child resides in a medical
36.15 	institution to be determined as follows:
36.16 	(i) for a child who requires a level of care provided in an
36.17 	ICF/MR, the cost of care for the child in an institution shall
36.18 	be determined using the average payment rate established for the
36.19 	regional treatment centers that are certified as ICFs/MR;
36.20 	(ii) for a child who requires a level of care provided in
36.21 	an inpatient hospital setting according to paragraph (b),
36.22 	cost-effectiveness shall be determined according to Minnesota
36.23 	Rules, part 9505.3520, items F and G; and
36.24 	(iii) for a child who requires a level of care provided in
36.25 	a nursing facility according to paragraph (c) or (e),
36.26 	cost-effectiveness shall be determined according to Minnesota
36.27 	Rules, part 9505.3040, except that the nursing facility average
36.28 	rate shall be adjusted to reflect rates which would be paid for
36.29 	children under age 16.  The commissioner may authorize an amount
36.30 	up to the amount medical assistance would pay for a child
36.31 	referred to the commissioner by the preadmission screening team
36.32 	under section 256B.0911.
36.33 	(h) Children eligible for medical assistance services under
36.34 	section 256B.055, subdivision 12, as of June 30, 1995, must be
36.35 	screened according to the criteria in this subdivision prior to
36.36 	January 1, 1996.  Children found to be ineligible may not be
37.1 	removed from the program until January 1, 1996.

37.2 	Sec. 49. Minnesota Statutes 2004, section 256B.0625,
37.3 	subdivision 6a, is amended to read:
37.4 		Subd. 6a.Home health services.  Home health services are
37.5 	those services specified in Minnesota Rules, part
37.6 	~~9505.0290~~ 9505.0295. Medical assistance covers home health
37.7 	services at a recipient's home residence.  Medical assistance
37.8 	does not cover home health services for residents of a hospital,
37.9 	nursing facility, or intermediate care facility, unless the
37.10 	commissioner of human services has prior authorized skilled
37.11 	nurse visits for less than 90 days for a resident at an
37.12 	intermediate care facility for persons with mental retardation,
37.13 	to prevent an admission to a hospital or nursing facility or
37.14 	unless a resident who is otherwise eligible is on leave from the
37.15 	facility and the facility either pays for the home health
37.16 	services or forgoes the facility per diem for the leave days
37.17 	that home health services are used.  Home health services must
37.18 	be provided by a Medicare certified home health agency.  All
37.19 	nursing and home health aide services must be provided according
37.20 	to section 256B.0627.

37.21 	Sec. 50. Minnesota Statutes 2004, section 256B.0627,
37.22 	subdivision 1, is amended to read:
37.23 		Subdivision 1.Definition.  (a) "Activities of daily
37.24 	living" includes eating, toileting, grooming, dressing, bathing,
37.25 	transferring, mobility, and positioning.
37.26 	(b) "Assessment" means a review and evaluation of a
37.27 	recipient's need for home care services conducted in person.
37.28 	Assessments for private duty nursing shall be conducted by a
37.29 	registered private duty nurse.  Assessments for home health
37.30 	agency services shall be conducted by a home health agency
37.31 	nurse.  Assessments for personal care assistant services shall
37.32 	be conducted by the county public health nurse or a certified
37.33 	public health nurse under contract with the county.  A
37.34 	face-to-face assessment must include:  documentation of health
37.35 	status, determination of need, evaluation of service
37.36 	effectiveness, identification of appropriate services, service
38.1 	plan development or modification, coordination of services,
38.2 	referrals and follow-up to appropriate payers and community
38.3 	resources, completion of required reports, recommendation of
38.4 	service authorization, and consumer education.  Once the need
38.5 	for personal care assistant services is determined under this
38.6 	section, the county public health nurse or certified public
38.7 	health nurse under contract with the county is responsible for
38.8 	communicating this recommendation to the commissioner and the
38.9 	recipient.  A face-to-face assessment for personal care
38.10 	assistant services is conducted on those recipients who have
38.11 	never had a county public health nurse assessment.  A
38.12 	face-to-face assessment must occur at least annually or when
38.13 	there is a significant change in the recipient's condition or
38.14 	when there is a change in the need for personal care assistant
38.15 	services.  A service update may substitute for the annual
38.16 	face-to-face assessment when there is not a significant change
38.17 	in recipient condition or a change in the need for personal care
38.18 	assistant service.  A service update or review for temporary
38.19 	increase includes a review of initial baseline data, evaluation
38.20 	of service effectiveness, redetermination of service need,
38.21 	modification of service plan and appropriate referrals, update
38.22 	of initial forms, obtaining service authorization, and on going
38.23 	consumer education.  Assessments for medical assistance home
38.24 	care services for mental retardation or related conditions and
38.25 	alternative care services for developmentally disabled home and
38.26 	community-based waivered recipients may be conducted by the
38.27 	county public health nurse to ensure coordination and avoid
38.28 	duplication.  Assessments must be completed on forms provided by
38.29 	the commissioner within 30 days of a request for home care
38.30 	services by a recipient or responsible party.
38.31 	(c) "Care plan" means a written description of personal
38.32 	care assistant services developed by the qualified professional
38.33 	or the recipient's physician with the recipient or responsible
38.34 	party to be used by the personal care assistant with a copy
38.35 	provided to the recipient or responsible party.
38.36 	(d) "Complex and regular private duty nursing care" means:
39.1 	(1) complex care is private duty nursing provided to
39.2 	recipients who are ventilator dependent or for whom a physician
39.3 	has certified that were it not for private duty nursing the
39.4 	recipient would meet the criteria for inpatient hospital
39.5 	intensive care unit (ICU) level of care; and
39.6 	(2) regular care is private duty nursing provided to all
39.7 	other recipients.
39.8 	(e) "Health-related functions" means functions that can be
39.9 	delegated or assigned by a licensed health care professional
39.10 	under state law to be performed by a personal care
39.11 	~~attendant~~ assistant.
39.12 	(f) "Home care services" means a health service, determined
39.13 	by the commissioner as medically necessary, that is ordered by a
39.14 	physician and documented in a service plan that is reviewed by
39.15 	the physician at least once every 60 days for the provision of
39.16 	home health services, or private duty nursing, or at least once
39.17 	every 365 days for personal care.  Home care services are
39.18 	provided to the recipient at the recipient's residence that is a
39.19 	place other than a hospital or long-term care facility or as
39.20 	specified in section 256B.0625.
39.21 	(g) "Instrumental activities of daily living" includes meal
39.22 	planning and preparation, managing finances, shopping for food,
39.23 	clothing, and other essential items, performing essential
39.24 	household chores, communication by telephone and other media,
39.25 	and getting around and participating in the community.
39.26 	(h) "Medically necessary" has the meaning given in
39.27 	Minnesota Rules, parts 9505.0170 to 9505.0475.
39.28 	(i) "Personal care assistant" means a person who:
39.29 	(1) is at least 18 years old, except for persons 16 to 18
39.30 	years of age who participated in a related school-based job
39.31 	training program or have completed a certified home health aide
39.32 	competency evaluation;
39.33 	(2) is able to effectively communicate with the recipient
39.34 	and personal care provider organization;
39.35 	(3) effective July 1, 1996, has completed one of the
39.36 	training requirements as specified in Minnesota Rules, part
40.1 	9505.0335, subpart 3, items A to D;
40.2 	(4) has the ability to, and provides covered personal care
40.3 	assistant services according to the recipient's care plan,
40.4 	responds appropriately to recipient needs, and reports changes
40.5 	in the recipient's condition to the supervising qualified
40.6 	professional or physician;
40.7 	(5) is not a consumer of personal care assistant services;
40.8 	and
40.9 	(6) is subject to criminal background checks and procedures
40.10 	specified in chapter 245C.
40.11 	(j) "Personal care provider organization" means an
40.12 	organization enrolled to provide personal care assistant
40.13 	services under the medical assistance program that complies with
40.14 	the following:  (1) owners who have a five percent interest or
40.15 	more, and managerial officials are subject to a background study
40.16 	as provided in chapter 245C.  This applies to currently enrolled
40.17 	personal care provider organizations and those agencies seeking
40.18 	enrollment as a personal care provider organization.  An
40.19 	organization will be barred from enrollment if an owner or
40.20 	managerial official of the organization has been convicted of a
40.21 	crime specified in chapter 245C, or a comparable crime in
40.22 	another jurisdiction, unless the owner or managerial official
40.23 	meets the reconsideration criteria specified in chapter 245C;
40.24 	(2) the organization must maintain a surety bond and liability
40.25 	insurance throughout the duration of enrollment and provides
40.26 	proof thereof.  The insurer must notify the Department of Human
40.27 	Services of the cancellation or lapse of policy; and (3) the
40.28 	organization must maintain documentation of services as
40.29 	specified in Minnesota Rules, part 9505.2175, subpart 7, as well
40.30 	as evidence of compliance with personal care assistant training
40.31 	requirements.
40.32 	(k) "Responsible party" means an individual who is capable
40.33 	of providing the support necessary to assist the recipient to
40.34 	live in the community, is at least 18 years old, actively
40.35 	participates in planning and directing of personal care
40.36 	assistant services, and is not the personal care assistant.  The
41.1 	responsible party must be accessible to the recipient and the
41.2 	personal care assistant when personal care services are being
41.3 	provided and monitor the services at least weekly according to
41.4 	the plan of care.  The responsible party must be identified at
41.5 	the time of assessment and listed on the recipient's service
41.6 	agreement and care plan.  Responsible parties may delegate the
41.7 	responsibility to another adult who is not the personal care
41.8 	assistant.  The responsible party must assure that the delegate
41.9 	performs the functions of the responsible party, is identified
41.10 	at the time of the assessment, and is listed on the service
41.11 	agreement and the care plan.  Foster care license holders may be
41.12 	designated the responsible party for residents of the foster
41.13 	care home if case management is provided as required in section
41.14 	256B.0625, subdivision 19a.  For persons who, as of April 1,
41.15 	1992, are sharing personal care assistant services in order to
41.16 	obtain the availability of 24-hour coverage, an employee of the
41.17 	personal care provider organization may be designated as the
41.18 	responsible party if case management is provided as required in
41.19 	section 256B.0625, subdivision 19a.
41.20 	(l) "Service plan" means a written description of the
41.21 	services needed based on the assessment developed by the nurse
41.22 	who conducts the assessment together with the recipient or
41.23 	responsible party.  The service plan shall include a description
41.24 	of the covered home care services, frequency and duration of
41.25 	services, and expected outcomes and goals.  The recipient and
41.26 	the provider chosen by the recipient or responsible party must
41.27 	be given a copy of the completed service plan within 30 calendar
41.28 	days of the request for home care services by the recipient or
41.29 	responsible party.
41.30 	(m) "Skilled nurse visits" are provided in a recipient's
41.31 	residence under a plan of care or service plan that specifies a
41.32 	level of care which the nurse is qualified to provide.  These
41.33 	services are:
41.34 	(1) nursing services according to the written plan of care
41.35 	or service plan and accepted standards of medical and nursing
41.36 	practice in accordance with chapter 148;
42.1 	(2) services which due to the recipient's medical condition
42.2 	may only be safely and effectively provided by a registered
42.3 	nurse or a licensed practical nurse;
42.4 	(3) assessments performed only by a registered nurse; and
42.5 	(4) teaching and training the recipient, the recipient's
42.6 	family, or other caregivers requiring the skills of a registered
42.7 	nurse or licensed practical nurse.
42.8 	(n) "Telehomecare" means the use of telecommunications
42.9 	technology by a home health care professional to deliver home
42.10 	health care services, within the professional's scope of
42.11 	practice, to a patient located at a site other than the site
42.12 	where the practitioner is located.

42.13 	Sec. 51. Minnesota Statutes 2004, section 256B.0627,
42.14 	subdivision 5, is amended to read:
42.15 		Subd. 5.Limitation on payments.  Medical assistance
42.16 	payments for home care services shall be limited according to
42.17 	this subdivision.
42.18 	(a)  [LIMITS ON SERVICES WITHOUT PRIOR AUTHORIZATION.] A
42.19 	recipient may receive the following home care services during a
42.20 	calendar year:
42.21 	(1) up to two face-to-face assessments to determine a
42.22 	recipient's need for personal care assistant services;
42.23 	(2) one service update done to determine a recipient's need
42.24 	for personal care assistant services; and
42.25 	(3) up to nine skilled nurse visits.
42.26 	(b)  [PRIOR AUTHORIZATION; EXCEPTIONS.] All home care
42.27 	services above the limits in paragraph (a) must receive the
42.28 	commissioner's prior authorization, except when:
42.29 	(1) the home care services were required to treat an
42.30 	emergency medical condition that if not immediately treated
42.31 	could cause a recipient serious physical or mental disability,
42.32 	continuation of severe pain, or death.  The provider must
42.33 	request retroactive authorization no later than five working
42.34 	days after giving the initial service.  The provider must be
42.35 	able to substantiate the emergency by documentation such as
42.36 	reports, notes, and admission or discharge histories;
43.1 	(2) the home care services were provided on or after the
43.2 	date on which the recipient's eligibility began, but before the
43.3 	date on which the recipient was notified that the case was
43.4 	opened.  Authorization will be considered if the request is
43.5 	submitted by the provider within 20 working days of the date the
43.6 	recipient was notified that the case was opened;
43.7 	(3) a third-party payor for home care services has denied
43.8 	or adjusted a payment.  Authorization requests must be submitted
43.9 	by the provider within 20 working days of the notice of denial
43.10 	or adjustment.  A copy of the notice must be included with the
43.11 	request;
43.12 	(4) the commissioner has determined that a county or state
43.13 	human services agency has made an error; or
43.14 	(5) the professional nurse determines an immediate need for
43.15 	up to 40 skilled nursing or home health aide visits per calendar
43.16 	year and submits a request for authorization within 20 working
43.17 	days of the initial service date, and medical assistance is
43.18 	determined to be the appropriate payer.
43.19 	(c)  [RETROACTIVE AUTHORIZATION.] A request for retroactive
43.20 	authorization will be evaluated according to the same criteria
43.21 	applied to prior authorization requests.
43.22 	(d)  [ASSESSMENT AND SERVICE PLAN.] Assessments under
43.23 	section 256B.0627, subdivision 1, paragraph ~~(a)~~ (b), shall be
43.24 	conducted initially, and at least annually thereafter, in person
43.25 	with the recipient and result in a completed service plan using
43.26 	forms specified by the commissioner.  Within 30 days of
43.27 	recipient or responsible party request for home care services,
43.28 	the assessment, the service plan, and other information
43.29 	necessary to determine medical necessity such as diagnostic or
43.30 	testing information, social or medical histories, and hospital
43.31 	or facility discharge summaries shall be submitted to the
43.32 	commissioner.  Notwithstanding the provisions of section
43.33 	256B.0627, subdivision 12, the commissioner shall maximize
43.34 	federal financial participation to pay for public health nurse
43.35 	assessments for personal care services.  For personal care
43.36 	assistant services:
44.1 	(1) The amount and type of service authorized based upon
44.2 	the assessment and service plan will follow the recipient if the
44.3 	recipient chooses to change providers.
44.4 	(2) If the recipient's medical need changes, the
44.5 	recipient's provider may assess the need for a change in service
44.6 	authorization and request the change from the county public
44.7 	health nurse.  Within 30 days of the request, the public health
44.8 	nurse will determine whether to request the change in services
44.9 	based upon the provider assessment, or conduct a home visit to
44.10 	assess the need and determine whether the change is appropriate.
44.11 	(3) To continue to receive personal care assistant services
44.12 	after the first year, the recipient or the responsible party, in
44.13 	conjunction with the public health nurse, may complete a service
44.14 	update on forms developed by the commissioner according to
44.15 	criteria and procedures in subdivision 1.
44.16 	(e)  [PRIOR AUTHORIZATION.] The commissioner, or the
44.17 	commissioner's designee, shall review the assessment, service
44.18 	update, request for temporary services, service plan, and any
44.19 	additional information that is submitted.  The commissioner
44.20 	shall, within 30 days after receiving a complete request,
44.21 	assessment, and service plan, authorize home care services as
44.22 	follows:
44.23 	(1)  [HOME HEALTH SERVICES.] All home health services
44.24 	provided by a home health aide must be prior authorized by the
44.25 	commissioner or the commissioner's designee.  Prior
44.26 	authorization must be based on medical necessity and
44.27 	cost-effectiveness when compared with other care options.  When
44.28 	home health services are used in combination with personal care
44.29 	and private duty nursing, the cost of all home care services
44.30 	shall be considered for cost-effectiveness.  The commissioner
44.31 	shall limit home health aide visits to no more than one visit
44.32 	each per day.  The commissioner, or the commissioner's designee,
44.33 	may authorize up to two skilled nurse visits per day.
44.34 	(2)  [PERSONAL CARE ASSISTANT SERVICES.] (i) All personal
44.35 	care assistant services and supervision by a qualified
44.36 	professional, if requested by the recipient, must be prior
45.1 	authorized by the commissioner or the commissioner's designee
45.2 	except for the assessments established in paragraph (a).  The
45.3 	amount of personal care assistant services authorized must be
45.4 	based on the recipient's home care rating.  A child may not be
45.5 	found to be dependent in an activity of daily living if because
45.6 	of the child's age an adult would either perform the activity
45.7 	for the child or assist the child with the activity and the
45.8 	amount of assistance needed is similar to the assistance
45.9 	appropriate for a typical child of the same age.  Based on
45.10 	medical necessity, the commissioner may authorize:
45.11 	(A) up to two times the average number of direct care hours
45.12 	provided in nursing facilities for the recipient's comparable
45.13 	case mix level; or
45.14 	(B) up to three times the average number of direct care
45.15 	hours provided in nursing facilities for recipients who have
45.16 	complex medical needs or are dependent in at least seven
45.17 	activities of daily living and need physical assistance with
45.18 	eating or have a neurological diagnosis; or
45.19 	(C) up to 60 percent of the average reimbursement rate, as
45.20 	of July 1, 1991, for care provided in a regional treatment
45.21 	center for recipients who have Level I behavior, plus any
45.22 	inflation adjustment as provided by the legislature for personal
45.23 	care service; or
45.24 	(D) up to the amount the commissioner would pay, as of July
45.25 	1, 1991, plus any inflation adjustment provided for home care
45.26 	services, for care provided in a regional treatment center for
45.27 	recipients referred to the commissioner by a regional treatment
45.28 	center preadmission evaluation team.  For purposes of this
45.29 	clause, home care services means all services provided in the
45.30 	home or community that would be included in the payment to a
45.31 	regional treatment center; or
45.32 	(E) up to the amount medical assistance would reimburse for
45.33 	facility care for recipients referred to the commissioner by a
45.34 	preadmission screening team established under section 256B.0911
45.35 	or 256B.092; and
45.36 	(F) a reasonable amount of time for the provision of
46.1 	supervision by a qualified professional of personal care
46.2 	assistant services, if a qualified professional is requested by
46.3 	the recipient or responsible party.
46.4 	(ii) The number of direct care hours shall be determined
46.5 	according to the annual cost report submitted to the department
46.6 	by nursing facilities.  The average number of direct care hours,
46.7 	as established by May 1, 1992, shall be calculated and
46.8 	incorporated into the home care limits on July 1, 1992.  These
46.9 	limits shall be calculated to the nearest quarter hour.
46.10 	(iii) The home care rating shall be determined by the
46.11 	commissioner or the commissioner's designee based on information
46.12 	submitted to the commissioner by the county public health nurse
46.13 	on forms specified by the commissioner.  The home care rating
46.14 	shall be a combination of current assessment tools developed
46.15 	under sections 256B.0911 and 256B.501 with an addition for
46.16 	seizure activity that will assess the frequency and severity of
46.17 	seizure activity and with adjustments, additions, and
46.18 	clarifications that are necessary to reflect the needs and
46.19 	conditions of recipients who need home care including children
46.20 	and adults under 65 years of age.  The commissioner shall
46.21 	establish these forms and protocols under this section and shall
46.22 	use an advisory group, including representatives of recipients,
46.23 	providers, and counties, for consultation in establishing and
46.24 	revising the forms and protocols.
46.25 	(iv) A recipient shall qualify as having complex medical
46.26 	needs if the care required is difficult to perform and because
46.27 	of recipient's medical condition requires more time than
46.28 	community-based standards allow or requires more skill than
46.29 	would ordinarily be required and the recipient needs or has one
46.30 	or more of the following:
46.31 	(A) daily tube feedings;
46.32 	(B) daily parenteral therapy;
46.33 	(C) wound or decubiti care;
46.34 	(D) postural drainage, percussion, nebulizer treatments,
46.35 	suctioning, tracheotomy care, oxygen, mechanical ventilation;
46.36 	(E) catheterization;
47.1 	(F) ostomy care;
47.2 	(G) quadriplegia; or
47.3 	(H) other comparable medical conditions or treatments the
47.4 	commissioner determines would otherwise require institutional
47.5 	care.
47.6 	(v) A recipient shall qualify as having Level I behavior if
47.7 	there is reasonable supporting evidence that the recipient
47.8 	exhibits, or that without supervision, observation, or
47.9 	redirection would exhibit, one or more of the following
47.10 	behaviors that cause, or have the potential to cause:
47.11 	(A) injury to the recipient's own body;
47.12 	(B) physical injury to other people; or
47.13 	(C) destruction of property.
47.14 	(vi) Time authorized for personal care relating to Level I
47.15 	behavior in subclause (v), items (A) to (C), shall be based on
47.16 	the predictability, frequency, and amount of intervention
47.17 	required.
47.18 	(vii) A recipient shall qualify as having Level II behavior
47.19 	if the recipient exhibits on a daily basis one or more of the
47.20 	following behaviors that interfere with the completion of
47.21 	personal care assistant services under subdivision 4, paragraph
47.22 	(a):
47.23 	(A) unusual or repetitive habits;
47.24 	(B) withdrawn behavior; or
47.25 	(C) offensive behavior.
47.26 	(viii) A recipient with a home care rating of Level II
47.27 	behavior in subclause (vii), items (A) to (C), shall be rated as
47.28 	comparable to a recipient with complex medical needs under
47.29 	subclause (iv).  If a recipient has both complex medical needs
47.30 	and Level II behavior, the home care rating shall be the next
47.31 	complex category up to the maximum rating under subclause (i),
47.32 	item (B).
47.33 	(3)  [PRIVATE DUTY NURSING SERVICES.] All private duty
47.34 	nursing services shall be prior authorized by the commissioner
47.35 	or the commissioner's designee.  Prior authorization for private
47.36 	duty nursing services shall be based on medical necessity and
48.1 	cost-effectiveness when compared with alternative care options.
48.2 	The commissioner may authorize medically necessary private duty
48.3 	nursing services in quarter-hour units when:
48.4 	(i) the recipient requires more individual and continuous
48.5 	care than can be provided during a nurse visit; or
48.6 	(ii) the cares are outside of the scope of services that
48.7 	can be provided by a home health aide or personal care assistant.
48.8 	The commissioner may authorize:
48.9 	(A) up to two times the average amount of direct care hours
48.10 	provided in nursing facilities statewide for case mix
48.11 	classification "K" as established by the annual cost report
48.12 	submitted to the department by nursing facilities in May 1992;
48.13 	(B) private duty nursing in combination with other home
48.14 	care services up to the total cost allowed under clause (2);
48.15 	(C) up to 16 hours per day if the recipient requires more
48.16 	nursing than the maximum number of direct care hours as
48.17 	established in item (A) and the recipient meets the hospital
48.18 	admission criteria established under Minnesota Rules, parts
48.19 	9505.0501 to 9505.0540.
48.20 	The commissioner may authorize up to 16 hours per day of
48.21 	medically necessary private duty nursing services or up to 24
48.22 	hours per day of medically necessary private duty nursing
48.23 	services until such time as the commissioner is able to make a
48.24 	determination of eligibility for recipients who are
48.25 	cooperatively applying for home care services under the
48.26 	community alternative care program developed under section
48.27 	256B.49, or until it is determined by the appropriate regulatory
48.28 	agency that a health benefit plan is or is not required to pay
48.29 	for appropriate medically necessary health care services.
48.30 	Recipients or their representatives must cooperatively assist
48.31 	the commissioner in obtaining this determination.  Recipients
48.32 	who are eligible for the community alternative care program may
48.33 	not receive more hours of nursing under this section than would
48.34 	otherwise be authorized under section 256B.49.
48.35 	(4)  [VENTILATOR-DEPENDENT RECIPIENTS.] If the recipient is
48.36 	ventilator-dependent, the monthly medical assistance
49.1 	authorization for home care services shall not exceed what the
49.2 	commissioner would pay for care at the highest cost hospital
49.3 	designated as a long-term hospital under the Medicare program.
49.4 	For purposes of this clause, home care services means all
49.5 	services provided in the home that would be included in the
49.6 	payment for care at the long-term hospital.
49.7 	"Ventilator-dependent" means an individual who receives
49.8 	mechanical ventilation for life support at least six hours per
49.9 	day and is expected to be or has been dependent for at least 30
49.10 	consecutive days.
49.11 	(f)  [PRIOR AUTHORIZATION; TIME LIMITS.] The commissioner
49.12 	or the commissioner's designee shall determine the time period
49.13 	for which a prior authorization shall be effective.  If the
49.14 	recipient continues to require home care services beyond the
49.15 	duration of the prior authorization, the home care provider must
49.16 	request a new prior authorization.  Under no circumstances,
49.17 	other than the exceptions in paragraph (b), shall a prior
49.18 	authorization be valid prior to the date the commissioner
49.19 	receives the request or for more than 12 months.  A recipient
49.20 	who appeals a reduction in previously authorized home care
49.21 	services may continue previously authorized services, other than
49.22 	temporary services under paragraph (h), pending an appeal under
49.23 	section 256.045.  The commissioner must provide a detailed
49.24 	explanation of why the authorized services are reduced in amount
49.25 	from those requested by the home care provider.
49.26 	(g)  [APPROVAL OF HOME CARE SERVICES.] The commissioner or
49.27 	the commissioner's designee shall determine the medical
49.28 	necessity of home care services, the level of caregiver
49.29 	according to subdivision 2, and the institutional comparison
49.30 	according to this subdivision, the cost-effectiveness of
49.31 	services, and the amount, scope, and duration of home care
49.32 	services reimbursable by medical assistance, based on the
49.33 	assessment, primary payer coverage determination information as
49.34 	required, the service plan, the recipient's age, the cost of
49.35 	services, the recipient's medical condition, and diagnosis or
49.36 	disability.  The commissioner may publish additional criteria
50.1 	for determining medical necessity according to section 256B.04.
50.2 	(h)  [PRIOR AUTHORIZATION REQUESTS; TEMPORARY SERVICES.]
50.3 	The agency nurse, the independently enrolled private duty nurse,
50.4 	or county public health nurse may request a temporary
50.5 	authorization for home care services by telephone.  The
50.6 	commissioner may approve a temporary level of home care services
50.7 	based on the assessment, and service or care plan information,
50.8 	and primary payer coverage determination information as required.
50.9 	Authorization for a temporary level of home care services
50.10 	including nurse supervision is limited to the time specified by
50.11 	the commissioner, but shall not exceed 45 days, unless extended
50.12 	because the county public health nurse has not completed the
50.13 	required assessment and service plan, or the commissioner's
50.14 	determination has not been made.  The level of services
50.15 	authorized under this provision shall have no bearing on a
50.16 	future prior authorization.
50.17 	(i)  [PRIOR AUTHORIZATION REQUIRED IN FOSTER CARE SETTING.]
50.18 	Home care services provided in an adult or child foster care
50.19 	setting must receive prior authorization by the department
50.20 	according to the limits established in paragraph (a).
50.21 	The commissioner may not authorize:
50.22 	(1) home care services that are the responsibility of the
50.23 	foster care provider under the terms of the foster care
50.24 	placement agreement and administrative rules;
50.25 	(2) personal care assistant services when the foster care
50.26 	license holder is also the personal care provider or personal
50.27 	care assistant unless the recipient can direct the recipient's
50.28 	own care, or case management is provided as required in section
50.29 	256B.0625, subdivision 19a;
50.30 	(3) personal care assistant services when the responsible
50.31 	party is an employee of, or under contract with, or has any
50.32 	direct or indirect financial relationship with the personal care
50.33 	provider or personal care assistant, unless case management is
50.34 	provided as required in section 256B.0625, subdivision 19a; or
50.35 	(4) personal care assistant and private duty nursing
50.36 	services when the number of foster care residents is greater
51.1 	than four unless the county responsible for the recipient's
51.2 	foster placement made the placement prior to April 1, 1992,
51.3 	requests that personal care assistant and private duty nursing
51.4 	services be provided, and case management is provided as
51.5 	required in section 256B.0625, subdivision 19a.

51.6 	Sec. 52. Minnesota Statutes 2004, section 256B.0917,
51.7 	subdivision 4, is amended to read:
51.8 		Subd. 4.Accessible information, screening, and
51.9 	assessment function.  (a) The projects selected by and under
51.10 	contract with the commissioner shall establish an accessible
51.11 	information, screening, and assessment function for persons who
51.12 	need assistance and information regarding long-term care.  This
51.13 	accessible information, screening, and assessment activity shall
51.14 	include information and referral, early intervention, follow-up
51.15 	contacts, telephone screening, home visits, assessments,
51.16 	preadmission screening, and relocation case management for the
51.17 	frail elderly and their caregivers in the area served by the
51.18 	county or counties.  The purpose is to ensure that information
51.19 	and help is provided to elderly persons and their families in a
51.20 	timely fashion, when they are making decisions about long-term
51.21 	care.  These functions may be split among various agencies, but
51.22 	must be coordinated by the local long-term care coordinating
51.23 	team.
51.24 	(b) Accessible information, screening, and assessment
51.25 	functions shall be reimbursed as follows:
51.26 	(1) The screenings of all persons entering nursing homes
51.27 	shall be reimbursed as defined in section 256B.0911, subdivision
51.28 	6; and
51.29 	(2) Additional state administrative funds shall be
51.30 	available for the access, screening, and assessment activities
51.31 	that are not reimbursed under clause (1).  This amount shall not
51.32 	exceed the amount authorized in the guidelines and in
51.33 	instructions for the application and must be within the amount
51.34 	appropriated for this activity.
51.35 	(c) Any information and referral functions funded by other
51.36 	sources, such as Title III of the Older Americans Act and Title
52.1 	XX of the Social Security Act ~~and the Community Social Services~~
52.2 	~~Act~~, shall be considered by the local long-term care
52.3 	coordinating team in establishing this function to avoid
52.4 	duplication and to ensure access to information for persons
52.5 	needing help and information regarding long-term care.
52.6 	(d) The lead agency or the agencies under contract with the
52.7 	lead agency which are responsible for the accessible
52.8 	information, screening, and assessment function must complete
52.9 	the forms and reports required by the commissioner as specified
52.10 	in the contract.

52.11 	Sec. 53. Minnesota Statutes 2004, section 256B.0917,
52.12 	subdivision 5, is amended to read:
52.13 		Subd. 5.Service development and service delivery.  (a)
52.14 	In addition to the access, screening, and assessment activity,
52.15 	each local strategy may include provisions for the following:
52.16 	(1) the addition of a full-time staff person who is
52.17 	responsible to develop the following services and recruit
52.18 	providers as established in the contract:
52.19 	(i) additional adult family foster care homes;
52.20 	(ii) family adult day care providers as defined in section
52.21 	256B.0919, subdivision 2;
52.22 	(iii) an assisted living program in an apartment;
52.23 	(iv) a congregate housing service project in a subsidized
52.24 	housing project; and
52.25 	(v) the expansion of evening and weekend coverage of home
52.26 	care services as deemed necessary by the local strategic plan;
52.27 	(2) small incentive grants to new adult family care
52.28 	providers for renovations needed to meet licensure requirements;
52.29 	~~(3) a plan to apply for a congregate housing service~~
52.30 	~~project as identified in section 256.9731, authorized by the~~
52.31 	~~Minnesota Board on Aging, to the extent that funds are~~
52.32 	~~available;~~
52.33 	~~(4)~~ (3) a plan to divert new applicants to nursing homes
52.34 	and to relocate a targeted population from nursing homes, using
52.35 	the individual's own resources or the funding available for
52.36 	services;
53.1 	~~(5)~~ (4) one or more caregiver support and respite care
53.2 	projects, as described in subdivision 6; and
53.3 	~~(6)~~ (5) one or more living-at-home/block nurse projects, as
53.4 	described in subdivisions 7 to 10.
53.5 	(b) The expansion of alternative care clients under
53.6 	paragraph (a) shall be accomplished with the funds provided
53.7 	under section 256B.0913, and includes the allocation of targeted
53.8 	funds.  The funding for all participating counties must be
53.9 	coordinated by the local long-term care coordinating team and
53.10 	must be part of the local long-term care strategy.  Alternative
53.11 	care funds may be transferred from one SAIL county to another
53.12 	within a designated SAIL project area during a fiscal year as
53.13 	authorized by the local long-term care coordinating team and
53.14 	approved by the commissioner.  The base allocation used for a
53.15 	future year shall reflect the final transfer.  Each county
53.16 	retains responsibility for reimbursement as defined in section
53.17 	256B.0913, subdivision 12.  All other requirements for the
53.18 	alternative care program must be met unless an exception is
53.19 	provided in this section.  The commissioner may establish by
53.20 	contract a reimbursement mechanism for alternative care that
53.21 	does not require invoice processing through the Medical
53.22 	Assistance Management Information System (MMIS).  The
53.23 	commissioner and local agencies must assure that the same client
53.24 	and reimbursement data is obtained as is available under MMIS.
53.25 	(c) The administration of these components is the
53.26 	responsibility of the agencies selected by the local
53.27 	coordinating team and under contract with the local lead
53.28 	agency.  However, administrative funds for paragraph (a),
53.29 	clauses (2) to ~~(5)~~ (4), and grant funds for paragraph
53.30 	(a), ~~clauses (6) and (7)~~ clause (5), shall be granted to the
53.31 	local lead agency.  The funding available for each component is
53.32 	based on the plan submitted and the amount negotiated in the
53.33 	contract.

53.34 	Sec. 54. Minnesota Statutes 2004, section 256B.0951,
53.35 	subdivision 8, is amended to read:
53.36 		Subd. 8.Federal waiver.  The commissioner of human
54.1 	services shall seek a federal waiver to allow intermediate care
54.2 	facilities for persons with mental retardation (ICFs/MR) in
54.3 	region 10 of Minnesota to participate in the alternative
54.4 	licensing system.  If it is necessary for purposes of
54.5 	participation in this alternative licensing system for a
54.6 	facility to be decertified as an ICF/MR facility according to
54.7 	the terms of the federal waiver, when the facility seeks
54.8 	recertification under the provisions of ICF/MR regulations at
54.9 	the end of the demonstration project, it will not be considered
54.10 	a new ICF/MR as defined under section 252.291 provided the
54.11 	licensed capacity of the facility did not increase during its
54.12 	participation in the alternative licensing system.  The
54.13 	provisions of sections ~~252.82~~ 252.28, 252.292, and 256B.5011 to
54.14 	256B.5015 will remain applicable for counties in region 10 of
54.15 	Minnesota and the ICFs/MR located within those counties
54.16 	notwithstanding a county's participation in the alternative
54.17 	licensing system.

54.18 	Sec. 55. Minnesota Statutes 2004, section 256B.431,
54.19 	subdivision 14, is amended to read:
54.20 		Subd. 14.Limitations on sales of nursing facilities.
 54.21 	(a) For rate periods beginning on October 1, 1992, and for rate
54.22 	years beginning after June 30, 1993, a nursing facility's
54.23 	property-related payment rate as established under subdivision
54.24 	13 shall be adjusted by either paragraph (b) or (c) for the sale
54.25 	of the nursing facility, including sales occurring after June
54.26 	30, 1992, as provided in this subdivision.
54.27 	(b) If the nursing facility's property-related payment rate
54.28 	under subdivision 13 prior to sale is greater than the nursing
54.29 	facility's rental rate under Minnesota Rules, parts 9549.0010 to
54.30 	9549.0080, and this section prior to sale, the nursing
54.31 	facility's property-related payment rate after sale shall be the
54.32 	greater of its property-related payment rate under subdivision
54.33 	13 prior to sale or its rental rate under Minnesota Rules, parts
54.34 	9549.0010 to 9549.0080, and this section calculated after sale.
54.35 	(c) If the nursing facility's property-related payment rate
54.36 	under subdivision 13 prior to sale is equal to or less than the
55.1 	nursing facility's rental rate under Minnesota Rules, parts
55.2 	9549.0010 to 9549.0080, and this section prior to sale, the
55.3 	nursing facility's property-related payment rate after sale
55.4 	shall be the nursing facility's property-related payment rate
55.5 	under subdivision 13 plus the difference between its rental rate
55.6 	calculated under Minnesota Rules, parts 9549.0010 to 9549.0080,
55.7 	and this section prior to sale and its rental rate calculated
55.8 	under Minnesota Rules, parts 9549.0010 to 9549.0080, and this
55.9 	section calculated after sale.
55.10 	(d) For purposes of this subdivision, "sale" means the
55.11 	purchase of a nursing facility's capital assets with cash or
55.12 	debt.  The term sale does not include a stock purchase of a
55.13 	nursing facility or any of the following transactions:
55.14 	(1) a sale and leaseback to the same licensee that does not
55.15 	constitute a change in facility license;
55.16 	(2) a transfer of an interest to a trust;
55.17 	(3) gifts or other transfers for no consideration;
55.18 	(4) a merger of two or more related organizations;
55.19 	(5) a change in the legal form of doing business, other
55.20 	than a publicly held organization that becomes privately held or
55.21 	vice versa;
55.22 	(6) the addition of a new partner, owner, or shareholder
55.23 	who owns less than 20 percent of the nursing facility or the
55.24 	issuance of stock; and
55.25 	(7) a sale, merger, reorganization, or any other transfer
55.26 	of interest between related organizations other than those
55.27 	permitted in this section.
55.28 	(e) For purposes of this subdivision, "sale" includes the
55.29 	sale or transfer of a nursing facility to a close relative as
55.30 	defined in Minnesota Rules, part 9549.0020, subpart 38, item C,
55.31 	upon the death of an owner, due to serious illness or
55.32 	disability, as defined under the Social Security Act, under
55.33 	United States Code, title 42, section 423(d)(1)(A), or upon
55.34 	retirement of an owner from the business of owning or operating
55.35 	a nursing home at 62 years of age or older.  For sales to a
55.36 	close relative allowed under this paragraph, otherwise
56.1 	nonallowable debt resulting from seller financing of all or a
56.2 	portion of the debt resulting from the sale shall be allowed and
56.3 	shall not be subject to Minnesota Rules, part 9549.0060, subpart
56.4 	5, item E, provided that in addition to existing requirements
56.5 	for allowance of debt and interest, the debt is subject to
56.6 	repayment through annual principal payments and the interest
56.7 	rate on the related organization debt does not exceed three
56.8 	percentage points above the posted yield for standard
56.9 	conventional fixed rate mortgages of the Federal Home Loan
56.10 	Mortgage Corporation for delivery in 60 days in effect on the
56.11 	day of sale.  If at any time, the seller forgives the related
56.12 	organization debt allowed under this paragraph for other than
56.13 	equal amount of payment on that debt, then the buyer shall pay
56.14 	to the state the total revenue received by the nursing facility
56.15 	after the sale attributable to the amount of allowable debt
56.16 	which has been forgiven.  Any assignment, sale, or transfer of
56.17 	the debt instrument entered into by the close relatives, either
56.18 	directly or indirectly, which grants to the close relative buyer
56.19 	the right to receive all or a portion of the payments under the
56.20 	debt instrument shall, effective on the date of the transfer,
56.21 	result in the prospective reduction in the corresponding portion
56.22 	of the allowable debt and interest expense.  Upon the death of
56.23 	the close relative seller, any remaining balance of the close
56.24 	relative debt must be refinanced and such refinancing shall be
56.25 	subject to the provisions of Minnesota Rules, part 9549.0060,
56.26 	subpart 7, item G.  This paragraph shall not apply to sales
56.27 	occurring on or after June 30, 1997.
56.28 	(f) For purposes of this subdivision, "effective date of
56.29 	sale" means the later of either the date on which legal title to
56.30 	the capital assets is transferred or the date on which closing
56.31 	for the sale occurred.
56.32 	(g) The effective day for the property-related payment rate
56.33 	determined under this subdivision shall be the first day of the
56.34 	month following the month in which the effective date of sale
56.35 	occurs or October 1, 1992, whichever is later, provided that the
56.36 	notice requirements under section 256B.47, subdivision 2, have
57.1 	been met.
57.2 	(h) Notwithstanding Minnesota Rules, part 9549.0060,
57.3 	subparts 5, item A, subitems (3) and (4), and 7, items E and F,
57.4 	the commissioner shall limit the total allowable debt and
57.5 	related interest for sales occurring after June 30, 1992, to the
57.6 	sum of clauses (1) to (3):
57.7 	(1) the historical cost of capital assets, as of the
57.8 	nursing facility's most recent previous effective date of sale
57.9 	or, if there has been no previous sale, the nursing facility's
57.10 	initial historical cost of constructing capital assets;
57.11 	(2) the average annual capital asset additions after
57.12 	deduction for capital asset deletions, not including
57.13 	depreciations; and
57.14 	(3) one-half of the allowed inflation on the nursing
57.15 	facility's capital assets.  The commissioner shall compute the
57.16 	allowed inflation as described in paragraph (i).
57.17 	(i) For purposes of computing the amount of allowed
57.18 	inflation, the commissioner must apply the following principles:
57.19 	(1) the lesser of the Consumer Price Index for all urban
57.20 	consumers or the Dodge Construction Systems Costs for Nursing
57.21 	Homes for any time periods during which both are available must
57.22 	be used.  If the Dodge Construction Systems Costs for Nursing
57.23 	Homes becomes unavailable, the commissioner shall substitute the
57.24 	index in subdivision 3f, or such other index as the secretary of
57.25 	the Centers for Medicare and Medicaid Services may designate;
57.26 	(2) the amount of allowed inflation to be applied to the
57.27 	capital assets in paragraph ~~(g)~~ (h), clauses (1) and (2), must
57.28 	be computed separately;
57.29 	(3) the amount of allowed inflation must be determined on
57.30 	an annual basis, prorated on a monthly basis for partial years
57.31 	and if the initial month of use is not determinable for a
57.32 	capital asset, then one-half of that calendar year shall be used
57.33 	for purposes of prorating;
57.34 	(4) the amount of allowed inflation to be applied to the
57.35 	capital assets in paragraph ~~(g)~~ (h), clauses (1) and (2), must
57.36 	not exceed 300 percent of the total capital assets in any one of
58.1 	those clauses; and
58.2 	(5) the allowed inflation must be computed starting with
58.3 	the month following the nursing facility's most recent previous
58.4 	effective date of sale or, if there has been no previous sale,
58.5 	the month following the date of the nursing facility's initial
58.6 	occupancy, and ending with the month preceding the effective
58.7 	date of sale.
58.8 	(j) If the historical cost of a capital asset is not
58.9 	readily available for the date of the nursing facility's most
58.10 	recent previous sale or if there has been no previous sale for
58.11 	the date of the nursing facility's initial occupancy, then the
58.12 	commissioner shall limit the total allowable debt and related
58.13 	interest after sale to the extent recognized by the Medicare
58.14 	intermediary after the sale.  For a nursing facility that has no
58.15 	historical capital asset cost data available and does not have
58.16 	allowable debt and interest calculated by the Medicare
58.17 	intermediary, the commissioner shall use the historical cost of
58.18 	capital asset data from the point in time for which capital
58.19 	asset data is recorded in the nursing facility's audited
58.20 	financial statements.
58.21 	(k) The limitations in this subdivision apply only to debt
58.22 	resulting from a sale of a nursing facility occurring after June
58.23 	30, 1992, including debt assumed by the purchaser of the nursing
58.24 	facility.

58.25 	Sec. 56. Minnesota Statutes 2004, section 256G.01,
58.26 	subdivision 3, is amended to read:
58.27 		Subd. 3.Program coverage.  This chapter applies to all
58.28 	social service programs administered by the commissioner in
58.29 	which residence is the determining factor in establishing
58.30 	financial responsibility.  These include, but are not limited to:
58.31 	commitment proceedings, including voluntary admissions;
58.32 	emergency holds; poor relief funded wholly through local
58.33 	agencies; social services, including title XX, IV-E and other
58.34 	components of ~~the Community Social Services Act,~~section
58.35 	256E.12; social services programs funded wholly through the
58.36 	resources of county agencies; social services provided under the
59.1 	Minnesota Indian Family Preservation Act, sections 260.751 to
59.2 	260.781; costs for delinquency confinement under section 393.07,
59.3 	subdivision 2; service responsibility for these programs; and
59.4 	group residential housing.

59.5 	Sec. 57. Minnesota Statutes 2004, section 256L.07,
59.6 	subdivision 1, is amended to read:
59.7 		Subdivision 1.General requirements.  (a) Children
59.8 	enrolled in the original children's health plan as of September
59.9 	30, 1992, children who enrolled in the MinnesotaCare program
59.10 	after September 30, 1992, pursuant to Laws 1992, chapter 549,
59.11 	article 4, section 17, and children who have family gross
59.12 	incomes that are equal to or less than 150 percent of the
59.13 	federal poverty guidelines are eligible without meeting the
59.14 	requirements of subdivision 2 and the four-month requirement in
59.15 	subdivision 3, as long as they maintain continuous coverage in
59.16 	the MinnesotaCare program or medical assistance.  Children who
59.17 	apply for MinnesotaCare on or after the implementation date of
59.18 	the employer-subsidized health coverage program as described in
59.19 	Laws 1998, chapter 407, article 5, section 45, who have family
59.20 	gross incomes that are equal to or less than 150 percent of the
59.21 	federal poverty guidelines, must meet the requirements of
59.22 	subdivision 2 to be eligible for MinnesotaCare.
59.23 	(b) Families enrolled in MinnesotaCare under section
59.24 	256L.04, subdivision 1, whose income increases above 275 percent
59.25 	of the federal poverty guidelines, are no longer eligible for
59.26 	the program and shall be disenrolled by the commissioner.
59.27 	Individuals enrolled in MinnesotaCare under section 256L.04,
59.28 	subdivision 7, whose income increases above 175 percent of the
59.29 	federal poverty guidelines are no longer eligible for the
59.30 	program and shall be disenrolled by the commissioner.  For
59.31 	persons disenrolled under this subdivision, MinnesotaCare
59.32 	coverage terminates the last day of the calendar month following
59.33 	the month in which the commissioner determines that the income
59.34 	of a family or individual exceeds program income limits.
59.35 	(c) ~~(1) Notwithstanding paragraph (b), families enrolled in~~
59.36 	~~MinnesotaCare under section 256L.04, subdivision 1, may remain~~
60.1 	~~enrolled in MinnesotaCare if ten percent of their annual income~~
60.2 	~~is less than the annual premium for a policy with a $500~~
60.3 	~~deductible available through the Minnesota Comprehensive Health~~
60.4 	~~Association.  Families who are no longer eligible for~~
60.5 	~~MinnesotaCare under this subdivision shall be given an 18-month~~
60.6 	~~notice period from the date that ineligibility is determined~~
60.7 	~~before disenrollment.  This clause expires February 1, 2004.~~
60.8 	~~(2) Effective February 1, 2004,~~Notwithstanding paragraph
60.9 	(b), children may remain enrolled in MinnesotaCare if ten
60.10 	percent of their annual family income is less than the annual
60.11 	premium for a policy with a $500 deductible available through
60.12 	the Minnesota Comprehensive Health Association.  Children who
60.13 	are no longer eligible for MinnesotaCare under this clause shall
60.14 	be given a 12-month notice period from the date that
60.15 	ineligibility is determined before disenrollment.  The premium
60.16 	for children remaining eligible under this clause shall be the
60.17 	maximum premium determined under section 256L.15, subdivision 2,
60.18 	paragraph (b).
60.19 	(d) ~~Effective July 1, 2003,~~Notwithstanding paragraphs (b)
60.20 	and (c), parents are ~~no longer~~ not eligible for MinnesotaCare if
60.21 	gross household income exceeds $50,000.

60.22 	Sec. 58. Minnesota Statutes 2004, section 256L.15,
60.23 	subdivision 2, is amended to read:
60.24 		Subd. 2.Sliding fee scale to determine percentage of
60.25 	gross individual or family income.  (a) The commissioner shall
60.26 	establish a sliding fee scale to determine the percentage of
60.27 	gross individual or family income that households at different
60.28 	income levels must pay to obtain coverage through the
60.29 	MinnesotaCare program.  The sliding fee scale must be based on
60.30 	the enrollee's gross individual or family income.  The sliding
60.31 	fee scale must contain separate tables based on enrollment of
60.32 	one, two, or three or more persons.  The sliding fee scale
60.33 	begins with a premium of 1.5 percent of gross individual or
60.34 	family income for individuals or families with incomes below the
60.35 	limits for the medical assistance program for families and
60.36 	children in effect on January 1, 1999, and proceeds through the
61.1 	following evenly spaced steps:  1.8, 2.3, 3.1, 3.8, 4.8, 5.9,
61.2 	7.4, and 8.8 percent.  These percentages are matched to evenly
61.3 	spaced income steps ranging from the medical assistance income
61.4 	limit for families and children in effect on January 1, 1999, to
61.5 	275 percent of the federal poverty guidelines for the applicable
61.6 	family size, up to a family size of five.  The sliding fee scale
61.7 	for a family of five must be used for families of more than
61.8 	five.  Effective October 1, 2003, the commissioner shall
61.9 	increase each percentage by 0.5 percentage points for enrollees
61.10 	with income greater than 100 percent but not exceeding 200
61.11 	percent of the federal poverty guidelines and shall increase
61.12 	each percentage by 1.0 percentage points for families and
61.13 	children with incomes greater than 200 percent of the federal
61.14 	poverty guidelines.  The sliding fee scale and percentages are
61.15 	not subject to the provisions of chapter 14.  If a family or
61.16 	individual reports increased income after enrollment, premiums
61.17 	shall not be adjusted until eligibility renewal.
61.18 	(b) ~~(1) Enrolled families whose gross annual income~~
61.19 	~~increases above 275 percent of the federal poverty guideline~~
61.20 	~~shall pay the maximum premium.  This clause expires effective~~
61.21 	~~February 1, 2004.~~
61.22 	~~(2) Effective February 1, 2004,~~Children in families whose
61.23 	gross income is above 275 percent of the federal poverty
61.24 	guidelines shall pay the maximum premium.
61.25 	~~(3)~~ The maximum premium is defined as a base charge for
61.26 	one, two, or three or more enrollees so that if all
61.27 	MinnesotaCare cases paid the maximum premium, the total revenue
61.28 	would equal the total cost of MinnesotaCare medical coverage and
61.29 	administration.  In this calculation, administrative costs shall
61.30 	be assumed to equal ten percent of the total.  The costs of
61.31 	medical coverage for pregnant women and children under age two
61.32 	and the enrollees in these groups shall be excluded from the
61.33 	total.  The maximum premium for two enrollees shall be twice the
61.34 	maximum premium for one, and the maximum premium for three or
61.35 	more enrollees shall be three times the maximum premium for one.

61.36 	Sec. 59. Minnesota Statutes 2004, section 256M.10,
62.1 	subdivision 5, is amended to read:
62.2 		Subd. 5.Former children's services and community service
62.3 	grants.  "Former children's services and community service
62.4 	grants" means allocations for the following grants:
62.5 	(1) community social service grants under section 252.24
62.6 	and Minnesota Statutes 2002, sections 256E.06 and 256E.14;
62.7 	(2) family preservation grants under section 256F.05,
62.8 	subdivision 3;
62.9 	(3) concurrent permanency planning grants under section
62.10 	260C.213, subdivision 5;
62.11 	(4) social service block grants (Title XX) under Minnesota
62.12 	Statutes 2002, section 256E.07; and
62.13 	(5) children's mental health grants under Minnesota
62.14 	Statutes 2002, ~~section~~ sections 245.4886 and ~~section~~ 260.152.

62.15 	Sec. 60. Minnesota Statutes 2004, section 260B.007,
62.16 	subdivision 16, is amended to read:
62.17 		Subd. 16.Juvenile petty offender; juvenile petty
62.18 	offense.  (a) "Juvenile petty offense" includes a juvenile
62.19 	alcohol offense, a juvenile controlled substance offense, a
62.20 	violation of section 609.685, or a violation of a local
62.21 	ordinance, which by its terms prohibits conduct by a child under
62.22 	the age of 18 years which would be lawful conduct if committed
62.23 	by an adult.
62.24 	(b) Except as otherwise provided in paragraph (c),
62.25 	"juvenile petty offense" also includes an offense that would be
62.26 	a misdemeanor if committed by an adult.
62.27 	(c) "Juvenile petty offense" does not include any of the
62.28 	following:
62.29 	(1) a misdemeanor-level violation of section 518B.01,
62.30 	588.20, 609.224, 609.2242, 609.324, ~~609.563~~ 609.5632, 609.576,
62.31 	609.66, 609.746, 609.748, 609.79, or 617.23;
62.32 	(2) a major traffic offense or an adult court traffic
62.33 	offense, as described in section 260B.225;
62.34 	(3) a misdemeanor-level offense committed by a child whom
62.35 	the juvenile court previously has found to have committed a
62.36 	misdemeanor, gross misdemeanor, or felony offense; or
63.1 	(4) a misdemeanor-level offense committed by a child whom
63.2 	the juvenile court has found to have committed a
63.3 	misdemeanor-level juvenile petty offense on two or more prior
63.4 	occasions, unless the county attorney designates the child on
63.5 	the petition as a juvenile petty offender notwithstanding this
63.6 	prior record.  As used in this clause, "misdemeanor-level
63.7 	juvenile petty offense" includes a misdemeanor-level offense
63.8 	that would have been a juvenile petty offense if it had been
63.9 	committed on or after July 1, 1995.
63.10 	(d) A child who commits a juvenile petty offense is a
63.11 	"juvenile petty offender."

63.12 	Sec. 61. Minnesota Statutes 2004, section 276.04,
63.13 	subdivision 2, is amended to read:
63.14 		Subd. 2.Contents of tax statements.  (a) The treasurer
63.15 	shall provide for the printing of the tax statements.  The
63.16 	commissioner of revenue shall prescribe the form of the property
63.17 	tax statement and its contents.  The statement must contain a
63.18 	tabulated statement of the dollar amount due to each taxing
63.19 	authority and the amount of the state tax from the parcel of
63.20 	real property for which a particular tax statement is prepared.
63.21 	The dollar amounts attributable to the county, the state tax,
63.22 	the voter approved school tax, the other local school tax, the
63.23 	township or municipality, and the total of the metropolitan
63.24 	special taxing districts as defined in section 275.065,
63.25 	subdivision 3, paragraph (i), must be separately stated.  The
63.26 	amounts due all other special taxing districts, if any, may be
63.27 	aggregated.  If the county levy under this paragraph includes an
63.28 	amount for a lake improvement district as defined under sections
63.29 	103B.501 to 103B.581, the amount attributable for that purpose
63.30 	must be separately stated from the remaining county levy
63.31 	amount.  The amount of the tax on homesteads qualifying under
63.32 	the senior citizens' property tax deferral program under chapter
63.33 	290B is the total amount of property tax before subtraction of
63.34 	the deferred property tax amount.  The amount of the tax on
63.35 	contamination value imposed under sections 270.91 to 270.98, if
63.36 	any, must also be separately stated.  The dollar amounts,
64.1 	including the dollar amount of any special assessments, may be
64.2 	rounded to the nearest even whole dollar.  For purposes of this
64.3 	section whole odd-numbered dollars may be adjusted to the next
64.4 	higher even-numbered dollar.  The amount of market value
64.5 	excluded under section 273.11, subdivision 16, if any, must also
64.6 	be listed on the tax statement.
64.7 	(b) The property tax statements for manufactured homes and
64.8 	sectional structures taxed as personal property shall contain
64.9 	the same information that is required on the tax statements for
64.10 	real property.
64.11 	(c) Real and personal property tax statements must contain
64.12 	the following information in the order given in this paragraph.
64.13 	The information must contain the current year tax information in
64.14 	the right column with the corresponding information for the
64.15 	previous year in a column on the left:
64.16 	(1) the property's estimated market value under section
64.17 	273.11, subdivision 1;
64.18 	(2) the property's taxable market value after reductions
64.19 	under section 273.11, subdivisions 1a and 16;
64.20 	(3) the property's gross tax, calculated by adding the
64.21 	property's total property tax to the sum of the aids enumerated
64.22 	in clause (4);
64.23 	(4) a total of the following aids:
64.24 	(i) education aids payable under chapters 122A, 123A, 123B,
64.25 	124D, 125A, 126C, and 127A;
64.26 	(ii) local government aids for cities, towns, and counties
64.27 	under chapter 477A; and
64.28 	(iii) disparity reduction aid under section 273.1398;
64.29 	(5) for homestead residential and agricultural properties,
64.30 	the credits under section 273.1384;
64.31 	(6) any credits received under sections 273.119; 273.123;
64.32 	273.135; 273.1391; 273.1398, subdivision 4; 469.171; and
64.33 	473H.10, except that the amount of credit received under section
64.34 	273.135 must be separately stated and identified as "taconite
64.35 	tax relief"; and
64.36 	(7) the net tax payable in the manner required in paragraph
65.1 	(a).
65.2 	(d) If the county uses envelopes for mailing property tax
65.3 	statements and if the county agrees, a taxing district may
65.4 	include a notice with the property tax statement notifying
65.5 	taxpayers when the taxing district will begin its budget
65.6 	deliberations for the current year, and encouraging taxpayers to
65.7 	attend the hearings.  If the county allows notices to be
65.8 	included in the envelope containing the property tax statement,
65.9 	and if more than one taxing district relative to a given
65.10 	property decides to include a notice with the tax statement, the
65.11 	county treasurer or auditor must coordinate the process and may
65.12 	combine the information on a single announcement.
65.13 	The commissioner of revenue shall certify to the county
65.14 	auditor the actual or estimated aids enumerated in paragraph
65.15 	(c),clause (4),that local governments will receive in the
65.16 	following year.  The commissioner must certify this amount by
65.17 	January 1 of each year.

65.18 	Sec. 62. Minnesota Statutes 2004, section 290.095,
65.19 	subdivision 1, is amended to read:
65.20 		Subdivision 1.Allowance of deduction.  (a) There shall
65.21 	be allowed as a deduction for the taxable year the amount of any
65.22 	net operating loss deduction as provided in section 172 of the
65.23 	Internal Revenue Code, subject to the limitations and
65.24 	modifications provided in this section.
65.25 	(b) A net operating loss deduction shall be available under
65.26 	this section only to corporate taxpayers except that
65.27 	subdivisions ~~7,~~9~~,~~and 11 hereof apply only to individuals,
65.28 	estates, and trusts.
65.29 	(c) In the case of a regulated investment company or fund
65.30 	thereof, as defined in section 851(a) or 851(g) of the Internal
65.31 	Revenue Code, the deduction provided by this section shall not
65.32 	be allowed.

65.33 	Sec. 63. Minnesota Statutes 2004, section 299D.07, is
65.34 	amended to read:
65.35 	299D.07 HELICOPTER, FIXED WING AIRCRAFT.
65.36 	The commissioner of public safety is hereby authorized to
66.1 	retain, acquire, maintain and operate helicopters and fixed wing
66.2 	aircraft for the purposes of the ~~Highway~~ State Patrol and the
66.3 	Bureau of Criminal Apprehension and for any other law
66.4 	enforcement purpose that the commissioner determines is
66.5 	appropriate.  The commissioner also is authorized to employ
66.6 	State Patrol officer pilots as required.

66.7 	Sec. 64. Minnesota Statutes 2004, section 299F.051,
66.8 	subdivision 4, is amended to read:
66.9 		Subd. 4.Cooperative investigation; reimbursement.  The
66.10 	state fire marshal and the superintendent of the Bureau of
66.11 	Criminal Apprehension shall encourage the cooperation of local
66.12 	firefighters and peace officers in the investigation of
66.13 	violations of sections 609.561 to 609.576 or other crimes
66.14 	associated with reported fires in all appropriate ways,
66.15 	including providing reimbursement to political subdivisions at a
66.16 	rate not to exceed 50 percent of the salaries of peace officers
66.17 	and firefighters for time spent in attending fire investigation
66.18 	training courses offered by the arson training unit.  Volunteer
66.19 	firefighters from a political subdivision shall be reimbursed at
66.20 	the rate of $35 per day plus expenses incurred in attending fire
66.21 	investigation training courses offered by the arson training
66.22 	unit.  Reimbursement shall be made only in the event that both a
66.23 	peace officer and a firefighter from the same political
66.24 	subdivision attend the same training course.  The reimbursement
66.25 	shall be subject to the limitation of funds appropriated and
66.26 	available for expenditure. ~~The state fire marshal and the~~
66.27 	~~superintendent also shall encourage local firefighters and peace~~
66.28 	~~officers to seek assistance from the arson strike force~~
66.29 	~~established in section 299F.058.~~

66.30 	Sec. 65. Minnesota Statutes 2004, section 299F.093,
66.31 	subdivision 1, is amended to read:
66.32 		Subdivision 1.Duties; rules. ~~(a)~~ The commissioner shall:
66.33 	(1) adopt rules no later than July 1, 1987, with the advice
66.34 	of the Hazardous Substance Notification Advisory Committee,
66.35 	establishing the form and content of the hazardous substance
66.36 	notification report form, as required by section 299F.094, and
67.1 	describing one or more hazard categories with specified ranges
67.2 	of quantities in each hazard category, representing increments
67.3 	of substantially increased risk;
67.4 	(2) print and provide to individual fire departments the
67.5 	requested number of hazardous substance notification reports,
67.6 	which must be made available to a fire department no more than
67.7 	90 days following its request, for the fire department to mail
67.8 	or otherwise make available to employers in the jurisdiction;
67.9 	(3) report to the legislature, as needed, on the
67.10 	effectiveness of sections 299F.091 to 299F.099 and recommend
67.11 	amendments to sections 299F.091 to 299F.099 that are considered
67.12 	necessary;
67.13 	(4) adopt rules to implement sections 299F.091 to 299F.099,
67.14 	compatible with the Minnesota Uniform Fire Code so as to not
67.15 	limit the authority of local fire officials under that code; and
67.16 	(5) adopt rules that are based on the most recent standard
67.17 	704, adopted by the National Fire Protection Association, and
67.18 	that allow a fire department to require employers within its
67.19 	jurisdiction to post signs conforming to standard 704, and
67.20 	indicating the presence of hazardous substances.  If the signs
67.21 	are required, a fire department shall supply the signs or
67.22 	provide information to assist an employer to obtain them.
67.23 	~~(b) The commissioner shall adopt criteria and guidelines,~~
67.24 	~~with the concurrence of the Hazardous Substance Notification~~
67.25 	~~Advisory Committee, for the disbursement of funds pursuant to~~
67.26 	~~Laws 1986, First Special Session chapter 1, article 10, section~~
67.27 	~~20, subdivision 1.~~

67.28 	Sec. 66. Minnesota Statutes 2004, section 321.1114, is
67.29 	amended to read:
67.30 	321.1114 CONFLICT RELATING TO MERGER OR CONVERSION.
67.31 	If a partnership governed by chapter 323A participates in a
67.32 	merger or conversion under chapter 321, then in the event of any
67.33 	conflict between the provisions of chapter 323A and chapter 321
67.34 	relating to the merger or conversion, the provisions of chapter
67.35 	321 control ~~chapter 321~~.

67.36 	Sec. 67. Minnesota Statutes 2004, section 325N.15, is
68.1 	amended to read:
68.2 	325N.15 WAIVER.
68.3 	Any waiver of the provisions of sections 325N.10 to ~~315N.18~~ 
68.4 	325N.18 is void and unenforceable as contrary to public policy
68.5 	except a consumer may waive the five-day right to cancel
68.6 	provided in section 325N.13 if the property is subject to a
68.7 	foreclosure sale within the five business days, and the
68.8 	foreclosed homeowner agrees to waive his or her right to cancel
68.9 	in a handwritten statement signed by all parties holding title
68.10 	to the foreclosed property.

68.11 	Sec. 68. Minnesota Statutes 2004, section 336.4A-105, is
68.12 	amended to read:
68.13 	336.4A-105 [OTHER DEFINITIONS.]
68.14 	(a) In this article:
68.15 	(1) "Authorized account" means a deposit account of a
68.16 	customer in a bank designated by the customer as a source of
68.17 	payment of payment orders issued by the customer to the bank.
68.18 	If a customer does not so designate an account, any account of
68.19 	the customer is an authorized account if payment of a payment
68.20 	order from that account is not inconsistent with a restriction
68.21 	on the use of that account.
68.22 	(2) "Bank" means a person engaged in the business of
68.23 	banking and includes a savings bank, savings association, credit
68.24 	union, and trust company.  A branch or separate office of a bank
68.25 	is a separate bank for purposes of this article.
68.26 	(3) "Customer" means a person, including a bank, having an
68.27 	account with a bank or from whom a bank has agreed to receive
68.28 	payment orders.
68.29 	(4) "Funds-transfer business day" of a receiving bank means
68.30 	the part of a day during which the receiving bank is open for
68.31 	the receipt, processing, and transmittal of payment orders and
68.32 	cancellations and amendments of payment orders.
68.33 	(5) "Funds-transfer system" means a wire transfer network,
68.34 	automated clearinghouse, or other communication system of a
68.35 	clearinghouse or other association of banks through which a
68.36 	payment order by a bank may be transmitted to the bank to which
69.1 	the order is addressed.
69.2 	(6) (Reserved.)
69.3 	(7) "Prove" with respect to a fact means to meet the burden
69.4 	of establishing the fact (section 336.1-201(b)(8)).
69.5 	(b) Other definitions applying to the article and the
69.6 	sections in which they appear:
69.7 	"Acceptance." Section 336.4A-209.
69.8 	"Beneficiary." Section 336.4A-103.
69.9 	"Beneficiary's bank." Section 336.4A-103.
69.10 	"Executed." Section 336.4A-301.
69.11 	"Execution date." Section 336.4A-301.
69.12 	"Funds transfer." Section 336.4A-104.
69.13 	"Funds-transfer system rule." Section 336.4A-501.
69.14 	"Intermediary bank." Section 336.4A-104.
69.15 	"Originator." Section 336.4A-104.
69.16 	"Originator's bank." Section 336.4A-104.
69.17 	"Payment by beneficiary's bank to beneficiary." Section
69.18 	336.4A-405.
69.19 	"Payment by originator to beneficiary." Section 336.4A-406.
69.20 	"Payment by sender to receiving bank." Section 336.4A-403.
69.21 	"Payment date." Section 336.4A-401.
69.22 	"Payment order." Section 336.4A-103.
69.23 	"Receiving bank." Section 336.4A-103.
69.24 	"Security procedure." Section 336.4A-201.
69.25 	"Sender." Section 336.4A-103.
69.26 	(c) The following definitions in article 4 apply to this
69.27 	article:
69.28 	"Clearinghouse." Section 336.4-104.
69.29 	"Item." Section 336.4-104.
69.30 	"Suspends payments." Section 336.4-104.
69.31 	(d) In addition, sections 336.1-101 to ~~336.1-209~~ 336.1-206 
69.32 	contain general definitions and principles of construction and
69.33 	interpretation applicable throughout this article.

69.34 	Sec. 69. Minnesota Statutes 2004, section 343.40,
69.35 	subdivision 3, is amended to read:
69.36 		Subd. 3.Shade.  Shade from the direct rays of the sun,
70.1 	during the months of ~~June~~ May to ~~September~~ October shall be
70.2 	provided.

70.3 	Sec. 70. Minnesota Statutes 2004, section 458D.02,
70.4 	subdivision 2, is amended to read:
70.5 		Subd. 2.Western lake superior sanitary district;
70.6 	district.  "Western Lake Superior Sanitary District" and
70.7 	"district" mean the area over which the sanitary board has
70.8 	jurisdiction which shall include the area ~~now~~ comprised on July
70.9 	8, 1971,of the city of Cloquet, the cities of Carlton, Scanlon,
70.10 	Thomson and Wrenshall, and the townships of Knife Falls, Silver
70.11 	Brook, Thomson, and Twin Lakes in the county of Carlton; the
70.12 	city of Duluth, the city of Proctor, and the townships of
70.13 	Canosia, Duluth, Grand Lake, Herman, Lakewood, Midway, Rice Lake
70.14 	and Solway in the county of St. Louis; other territory included
70.15 	in the district pursuant to section 458D.22; and any waters of
70.16 	the state adjacent thereto.

70.17 	Sec. 71. Minnesota Statutes 2004, section 469.104, is
70.18 	amended to read:
70.19 	469.104 SECTIONS THAT APPLY IF FEDERAL LIMIT APPLIES.
70.20 	Sections 474A.01 to 474A.21 apply to obligations issued
70.21 	under sections 469.090 to 469.108 that are limited by ~~a federal~~
70.22 	~~limitation act as defined in section 474A.02, subdivision 9, or~~
70.23 	~~existing~~ federal tax law as defined in section 474A.02,
70.24 	subdivision 8.

70.25 	Sec. 72. Minnesota Statutes 2004, section 473.845,
70.26 	subdivision 1, is amended to read:
70.27 		Subdivision 1.Establishment.  The metropolitan landfill
70.28 	contingency action trust account is an expendable trust account
70.29 	in the remediation fund.  The account consists of revenue
70.30 	deposited in the ~~fund~~ account under section 473.843, subdivision
70.31 	2, clause (2); amounts recovered under subdivision 7; and
70.32 	interest earned on investment of money in the ~~fund~~ account.

70.33 	Sec. 73. Minnesota Statutes 2004, section 514.966,
70.34 	subdivision 3, is amended to read:
70.35 		Subd. 3.Livestock production input lien.  (a) A supplier
70.36 	furnishing livestock production inputs in the ordinary course of
71.1 	business has a livestock production input lien for the unpaid
71.2 	retail cost of the livestock production input.  A perfected
71.3 	livestock production input lien that attaches to livestock may
71.4 	not exceed the amount, if any, that the sales price of the
71.5 	livestock exceeds the greater of the fair market value of the
71.6 	livestock at the time the lien attaches or the acquisition price
71.7 	of the livestock.  A livestock production input lien becomes
71.8 	effective when the agricultural production inputs are furnished
71.9 	by the supplier to the purchaser.
71.10 	(b) A supplier shall notify a lender of a livestock
71.11 	production input lien by providing a lien-notification statement
71.12 	to the lender in an envelope marked "IMPORTANT-LEGAL NOTICE."
71.13 	Delivery of the notice must be made by certified mail or another
71.14 	verifiable method.
71.15 	(c) The lien-notification statement must ~~be in a form~~
71.16 	~~approved by the secretary of state and~~ disclose the following:
71.17 	(1) the name and business address of the lender that is to
71.18 	receive notification;
71.19 	(2) the name and address of the supplier claiming the lien;
71.20 	(3) a description and the date or anticipated date or dates
71.21 	of the transaction and the retail cost or anticipated costs of
71.22 	the livestock production input;
71.23 	(4) the name~~, residential~~ and address~~, and signature~~ of the
71.24 	person to whom the livestock production input was furnished;
71.25 	(5) the name and ~~residential~~ address of the owner of the
71.26 	livestock, the location where the livestock will be raised, and
71.27 	a description of the livestock; and
71.28 	(6) a statement that products and proceeds of the livestock
71.29 	are covered by the livestock input lien.
71.30 	(d) Within ten calendar days after receiving a
71.31 	lien-notification statement, the lender must respond to the
71.32 	supplier with either:
71.33 	(1) a letter of commitment for part or all of the amount in
71.34 	the lien-notification statement; or
71.35 	(2) a written refusal to issue a letter of commitment.
71.36 	A copy of the response must be mailed to the person for whom the
72.1 	financing was requested.
72.2 	(e) If a lender responds with a letter of commitment for
72.3 	part or all of the amount in the lien-notification statement,
72.4 	the supplier may not obtain a lien for the amount stated in the
72.5 	letter of commitment.  If a lender responds with a refusal to
72.6 	provide a letter of commitment, the rights of the lender and the
72.7 	supplier are not affected.
72.8 	(f) If a lender does not respond under paragraph (d) to the
72.9 	supplier within ten calendar days after receiving the
72.10 	lien-notification statement, a perfected livestock production
72.11 	input lien corresponding to the lien-notification statement has
72.12 	priority over any security interest of the lender in the same
72.13 	livestock or their proceeds for the lesser of:
72.14 	(1) the amount stated in the lien-notification statement;
72.15 	or
72.16 	(2) the unpaid retail cost of the livestock production
72.17 	input identified in the lien-notification statement, subject to
72.18 	any limitation in paragraph (a).

72.19 	Sec. 74. Minnesota Statutes 2004, section 515B.4-102, is
72.20 	amended to read:
72.21 	515B.4-102 DISCLOSURE STATEMENT; GENERAL PROVISIONS.
72.22 	(a) A disclosure statement shall fully and accurately
72.23 	disclose:
72.24 	(1) the name and, if available, the number of the common
72.25 	interest community;
72.26 	(2) the name and principal address of the declarant;
72.27 	(3) the number of units in the common interest community
72.28 	and a statement that the common interest community is either a
72.29 	condominium, cooperative, or planned community;
72.30 	(4) a general description of the common interest community,
72.31 	including, at a minimum, (i) the number of buildings, (ii) the
72.32 	number of dwellings per building, (iii) the type of
72.33 	construction, (iv) whether the common interest community
72.34 	involves new construction or rehabilitation, (v) whether any
72.35 	building was wholly or partially occupied, for any purpose,
72.36 	before it was added to the common interest community and the
73.1 	nature of the occupancy, and (vi) a general description of any
73.2 	roads, trails, or utilities that are located on the common
73.3 	elements and that the association or a master association will
73.4 	be required to maintain;
73.5 	(5) declarant's schedule of commencement and completion of
73.6 	construction of any buildings and other improvements that the
73.7 	declarant is obligated to build pursuant to section 515B.4-117;
73.8 	(6) any expenses or services, not reflected in the budget,
73.9 	that the declarant pays or provides, which may become a common
73.10 	expense; the projected common expense attributable to each of
73.11 	those expenses or services; and an explanation of declarant's
73.12 	limited assessment liability under section 515B.3-115,
73.13 	subsection (b);
73.14 	(7) any initial or special fee due from the purchaser to
73.15 	the declarant or the association at closing, together with a
73.16 	description of the purpose and method of calculating the fee;
73.17 	(8) identification of any liens, defects, or encumbrances
73.18 	which will continue to affect the title to a unit or to any real
73.19 	property owned by the association after the contemplated
73.20 	conveyance;
73.21 	(9) a description of any financing offered or arranged by
73.22 	the declarant;
73.23 	(10) a statement as to whether application has been made
73.24 	for any project approvals for the common interest community from
73.25 	the Federal National Mortgage Association (FNMA), Federal Home
73.26 	Loan Mortgage Corporation (FHLMC), Department of Housing and
73.27 	Urban Development (HUD) or Department of Veterans Affairs (VA),
73.28 	and which, if any, such final approvals have been received;
73.29 	(11) the terms of any warranties provided by the declarant,
73.30 	including copies of chapter 327A, and sections 515B.4-112
73.31 	through 515B.4-115, and a statement of any limitations on the
73.32 	enforcement of warranties or on damages;
73.33 	(12) a statement that:  (i) within ~~ten~~ five days after the
73.34 	receipt of a disclosure statement, a purchaser may cancel any
73.35 	contract for the purchase of a unit from a declarant; provided,
73.36 	that the right to cancel terminates upon the purchaser's
74.1 	voluntary acceptance of a conveyance of the unit from the
74.2 	declarant; (ii) if a purchaser receives a disclosure statement
74.3 	more than ~~ten~~ five days before signing a purchase agreement, the
74.4 	purchaser cannot cancel the purchase agreement; and (iii) if a
74.5 	declarant obligated to deliver a disclosure statement fails to
74.6 	deliver a disclosure statement which substantially complies with
74.7 	this chapter to a purchaser to whom a unit is conveyed, the
74.8 	declarant shall be liable to the purchaser as provided in
74.9 	section 515B.4-106(d);
74.10 	(13) a statement disclosing to the extent of the
74.11 	declarant's or an affiliate of a declarant's actual knowledge,
74.12 	after reasonable inquiry, any unsatisfied judgments or lawsuits
74.13 	to which the association is a party, and the status of those
74.14 	lawsuits which are material to the common interest community or
74.15 	the unit being purchased;
74.16 	(14) a statement (i) describing the conditions under which
74.17 	earnest money will be held in and disbursed from the escrow
74.18 	account, as set forth in section 515B.4-109, (ii) that the
74.19 	earnest money will be returned to the purchaser if the purchaser
74.20 	cancels the contract pursuant to section 515B.4-106, and (iii)
74.21 	setting forth the name and address of the escrow agent;
74.22 	(15) a detailed description of the insurance coverage
74.23 	provided by the association for the benefit of unit owners,
74.24 	including a statement as to which, if any, of the items referred
74.25 	to in section 515B.3-113, subsection (b), are insured by the
74.26 	association;
74.27 	(16) any current or expected fees or charges, other than
74.28 	assessments for common expenses, to be paid by unit owners for
74.29 	the use of the common elements or any other improvements or
74.30 	facilities;
74.31 	(17) the financial arrangements, including any
74.32 	contingencies, which have been made to provide for completion of
74.33 	all improvements that the declarant is obligated to build
74.34 	pursuant to section 515B.4-118, or a statement that no such
74.35 	arrangements have been made;
74.36 	(18) in a cooperative:  (i) whether the unit owners will be
75.1 	entitled for federal and state tax purposes, to deduct payments
75.2 	made by the association for real estate taxes and interest paid
75.3 	to the holder of a security interest encumbering the
75.4 	cooperative; and (ii) a statement as to the effect on the unit
75.5 	owners if the association fails to pay real estate taxes or
75.6 	payments due the holder of a security interest encumbering the
75.7 	cooperative;
75.8 	(19) a statement:  (i) that real estate taxes for the unit
75.9 	or any real property owned by the association are not delinquent
75.10 	or, if there are delinquent real estate taxes, describing the
75.11 	property for which the taxes are delinquent, stating the amount
75.12 	of the delinquent taxes, interest and penalties, and stating the
75.13 	years for which taxes are delinquent, and (ii) setting forth the
75.14 	amount of real estate taxes, including the amount of any special
75.15 	assessment certified for payment with the real estate taxes, due
75.16 	and payable with respect to the unit in the year in which the
75.17 	disclosure statement is given, if real estate taxes have been
75.18 	separately assessed against the unit;
75.19 	(20) if the association or the purchaser of the unit will
75.20 	be a member of a master association, a statement to that effect,
75.21 	and all of the following information with respect to the master
75.22 	association:  (i) a copy of the declaration, if any (other than
75.23 	any CIC plat), the articles of incorporation, bylaws, and rules
75.24 	and regulations for the master association, together with any
75.25 	amendments thereto; (ii) the name, address and general
75.26 	description of the master association, including a general
75.27 	description of any other association, unit owners, or other
75.28 	persons which are or may become members; (iii) a description of
75.29 	any nonresidential use permitted on any property subject to the
75.30 	master association; (iv) a statement as to the estimated maximum
75.31 	number of associations, unit owners or other persons which may
75.32 	become members of the master association, and the degree and
75.33 	period of control of the master association by a declarant or
75.34 	other person; (v) a description of any facilities intended for
75.35 	the benefit of the members of the master association and not
75.36 	located on property owned or controlled by a member; (vi) the
76.1 	financial arrangements, including any contingencies, which have
76.2 	been made to provide for completion of the facilities referred
76.3 	to in subsection (v), or a statement that no arrangements have
76.4 	been made; (vii) any current balance sheet of the master
76.5 	association and a projected or current annual budget, as
76.6 	applicable, which budget shall include with respect to the
76.7 	master association those items in paragraph (23), clauses (i)
76.8 	through (iv); (viii) a description of any expenses or services
76.9 	not reflected in the budget, paid for or provided by a declarant
76.10 	or a person executing the master declaration, which may become
76.11 	an expense of the master association in the future; (ix) a
76.12 	description of any powers delegated to and accepted by the
76.13 	master association pursuant to section 515B.2-121(f)(2); (x)
76.14 	identification of any liens, defects or encumbrances that will
76.15 	continue to affect title to property owned or operated by the
76.16 	master association for the benefit of its members; (xi) the
76.17 	terms of any warranties provided by any person for construction
76.18 	of facilities in which the members of the master association
76.19 	have or may have an interest, and any known defects in the
76.20 	facilities which would violate the standards described in
76.21 	section 515B.4-112(b); (xii) a statement disclosing, to the
76.22 	extent of the declarant's knowledge, after inquiry of the master
76.23 	association, any unsatisfied judgments or lawsuits to which the
76.24 	master association is a party, and the status of those lawsuits
76.25 	which are material to the master association; (xiii) a
76.26 	description of any insurance coverage provided for the benefit
76.27 	of its members by the master association; and (xiv) any current
76.28 	or expected fees or charges, other than assessments by the
76.29 	master association, to be paid by members of the master
76.30 	association for the use of any facilities intended for the
76.31 	benefit of the members;
76.32 	(21) a statement as to whether the unit will be
76.33 	substantially completed at the time of conveyance to a
76.34 	purchaser, and if not substantially completed, who is
76.35 	responsible to complete and pay for the construction of the
76.36 	unit;
77.1 	(22) a copy of the declaration and any amendments thereto,
77.2 	(exclusive of the CIC plat), any other recorded covenants,
77.3 	conditions restrictions, and reservations affecting the common
77.4 	interest community; the articles of incorporation, bylaws and
77.5 	any rules or regulations of the association; any agreement
77.6 	excluding or modifying any implied warranties; any agreement
77.7 	reducing the statute of limitations for the enforcement of
77.8 	warranties; any contracts or leases to be signed by purchaser at
77.9 	closing; and a brief narrative description of any contracts or
77.10 	leases that are or may be subject to cancellation by the
77.11 	association under section 515B.3-105; and
77.12 	(23) any current balance sheet for the association; a
77.13 	projected annual budget for the association for the year in
77.14 	which the first unit is conveyed to a purchaser, and thereafter
77.15 	the current annual budget of the association; and a statement
77.16 	identifying the party responsible for the preparation of the
77.17 	budget.  The budget shall include, without limitation:  (i) a
77.18 	statement of the amount included in the budget as a reserve for
77.19 	maintenance, repair and replacement; (ii) a statement of any
77.20 	other reserves; (iii) the projected common expense for each
77.21 	category of expenditures for the association; and (iv) the
77.22 	projected monthly common expense assessment for each type of
77.23 	unit.
77.24 	(b) A declarant shall promptly amend the disclosure
77.25 	statement to reflect any material change in the information
77.26 	required by this chapter.
77.27 	(c) The master association, within ten days after a request
77.28 	by a declarant, or any holder of declarant rights, or the
77.29 	authorized representative of any of them, shall furnish the
77.30 	information required to be provided by subsection (a)(20).  A
77.31 	declarant or other person who provides information pursuant to
77.32 	subsection (a)(20) is not liable to the purchaser for any
77.33 	erroneous information if the declarant or other person:  (i) is
77.34 	not an affiliate of or related in any way to a person authorized
77.35 	to appoint the master association board pursuant to section
77.36 	515B.2-121(c)(3), and (ii) has no actual knowledge that the
78.1 	information is incorrect.

78.2 	Sec. 75. Minnesota Statutes 2004, section 524.2-114, is
78.3 	amended to read:
78.4 	524.2-114 MEANING OF CHILD AND RELATED TERMS.
78.5 	If, for purposes of intestate succession, a relationship of
78.6 	parent and child must be established to determine succession by,
78.7 	through, or from a person:
78.8 	(1) An adopted person is the child of an adopting parent
78.9 	and not of the birth parents except that adoption of a child by
78.10 	the spouse of a birth parent has no effect on the relationship
78.11 	between the child and that birth parent.  If a parent dies and a
78.12 	child is subsequently adopted by a stepparent who is the spouse
78.13 	of a surviving parent, any rights of inheritance of the child or
78.14 	the child's descendant from or through the deceased parent of
78.15 	the child which exist at the time of the death of that parent
78.16 	shall not be affected by the adoption.
78.17 	(2) In cases not covered by clause (1), a person is the
78.18 	child of the person's parents regardless of the marital status
78.19 	of the parents and the parent and child relationship may be
78.20 	established under the Parentage Act, sections 257.51~~and~~ to 
78.21 	257.74.

78.22 	Sec. 76. Minnesota Statutes 2004, section 580.041,
78.23 	subdivision 2, is amended to read:
78.24 		Subd. 2.Content of notice.  The notice required by this
78.25 	section must appear substantially as follows:
78.26 	"Help For Homeowners in Foreclosure
78.27 	Minnesota law requires that we send you this notice about
78.28 	the foreclosure process.  Please read it carefully.
78.29 	Mortgage foreclosure is a complex process.  Some people may
78.30 	approach you about "saving" your home.  You should be
78.31 	careful about any such promises.
78.32 	The state encourages you to become informed about your
78.33 	options in foreclosure before entering into any agreements
78.34 	with anyone in connection with the foreclosure of your
78.35 	home.  There are government agencies and nonprofit
78.36 	organizations that you may contact for helpful information
79.1 	about the foreclosure process.  For the name and telephone
79.2 	number of an organization near you please call the
79.3 	Minnesota ~~Home~~ Housing Finance Agency (MHFA) at (insert
79.4 	telephone number).  The state does not guarantee the advice
79.5 	of these agencies.
79.6 	Do not delay dealing with the foreclosure because your
79.7 	options may become more limited as time passes."

79.8 	Sec. 77. Minnesota Statutes 2004, section 626.84,
79.9 	subdivision 1, is amended to read:
79.10 		Subdivision 1.Definitions.  For purposes of sections
79.11 	626.84 to 626.863, the following terms have the meanings given
79.12 	them:
79.13 	(a) "Board" means the Board of Peace Officer Standards and
79.14 	Training.
79.15 	(b) "Director" means the executive director of the board.
79.16 	(c) "Peace officer" means:
79.17 	(1) an employee or an elected or appointed official of a
79.18 	political subdivision or law enforcement agency who is licensed
79.19 	by the board, charged with the prevention and detection of crime
79.20 	and the enforcement of the general criminal laws of the state
79.21 	and who has the full power of arrest, and shall also include the
79.22 	Minnesota State Patrol, agents of the Division of Alcohol and
79.23 	Gambling Enforcement, state conservation officers, Metropolitan
79.24 	Transit police officers, Department of Corrections' Fugitive
79.25 	Apprehension Unit officers, and Department of Commerce Insurance
79.26 	Fraud Unit officers; and
79.27 	(2) a peace officer who is employed by a law enforcement
79.28 	agency of a federally recognized tribe, as defined in United
79.29 	States Code, title 25, section 450b(e), and who is licensed by
79.30 	the board.
79.31 	(d) "Constable" has the meaning assigned to it in section
79.32 	367.40.
79.33 	(e) "Deputy constable" has the meaning assigned to it in
79.34 	section 367.40.
79.35 	(f) "Part-time peace officer" means an individual licensed
79.36 	by the board whose services are utilized by law enforcement
80.1 	agencies no more than an average of 20 hours per week, not
80.2 	including time spent on call when no call to active duty is
80.3 	received, calculated on an annual basis, who has either full
80.4 	powers of arrest or authorization to carry a firearm while on
80.5 	active duty.  The term shall apply even though the individual
80.6 	receives no compensation for time spent on active duty, and
80.7 	shall apply irrespective of the title conferred upon the
80.8 	individual by any law enforcement agency. ~~The limitation on the~~
80.9 	~~average number of hours in which the services of a part-time~~
80.10 	~~peace officer may be utilized shall not apply to a part-time~~
80.11 	~~peace officer who has formally notified the board pursuant to~~
80.12 	~~rules adopted by the board of the part-time peace officer's~~
80.13 	~~intention to pursue the specialized training for part-time peace~~
80.14 	~~officers who desire to become peace officers pursuant to~~
80.15 	~~sections 626.843, subdivision 1, clause (g), and 626.845,~~
80.16 	~~subdivision 1, clause (g).~~
80.17 	(g) "Reserve officer" means an individual whose services
80.18 	are utilized by a law enforcement agency to provide
80.19 	supplementary assistance at special events, traffic or crowd
80.20 	control, and administrative or clerical assistance.  A reserve
80.21 	officer's duties do not include enforcement of the general
80.22 	criminal laws of the state, and the officer does not have full
80.23 	powers of arrest or authorization to carry a firearm on duty.
80.24 	(h) "Law enforcement agency" means:
80.25 	(1) a unit of state or local government that is authorized
80.26 	by law to grant full powers of arrest and to charge a person
80.27 	with the duties of preventing and detecting crime and enforcing
80.28 	the general criminal laws of the state; and
80.29 	(2) subject to the limitations in section 626.93, a law
80.30 	enforcement agency of a federally recognized tribe, as defined
80.31 	in United States Code, title 25, section 450b(e).
80.32 	(i) "Professional peace officer education" means a
80.33 	postsecondary degree program, or a nondegree program for persons
80.34 	who already have a college degree, that is offered by a college
80.35 	or university in Minnesota, designed for persons seeking
80.36 	licensure as a peace officer, and approved by the board.

81.1 	Sec. 78. Laws 2003, First Special Session chapter 11,
81.2 	article 2, section 21, is amended to read:
81.3 	Sec. 21INDEPENDENT STUDY ON INTERMITTENT RESOURCES.
 81.4 	The commission shall order the electric utility subject to
81.5 	Minnesota Statutes, section 216B.1691, subdivision ~~7~~ 6, to
81.6 	contract with a firm selected by the commissioner of commerce
81.7 	for an independent engineering study of the impacts of
81.8 	increasing wind capacity on its system above the 825 megawatts
81.9 	of nameplate wind energy capacity to which the utility is
81.10 	already committed, to evaluate options available to manage the
81.11 	intermittent nature of this renewable resource.  The study shall
81.12 	be completed by June 1, 2004, and incorporated into the
81.13 	utility's next resource plan filing.  The costs of the study,
81.14 	options pursued by the utility to manage the intermittent nature
81.15 	of wind energy, and the costs of complying with Minnesota
81.16 	Statutes, section 216B.1691, subdivision 7, shall be recoverable
81.17 	under Minnesota Statutes, section 216B.1645.

81.18 	Sec. 79. Laws 2004, chapter 199, article 12, section 108,
81.19 	is amended to read:
81.20 	Sec. 108EFFECTIVE DATE.
 81.21 	This act, except articles 14 and 15,is effective January
81.22 	1, 2005.
81.23 	Articles 14 and 15 are effective July 1, 2004.

81.24 	EFFECTIVE DATE. This section is effective retroactively
81.25 	from May 16, 2004.

81.26 	Sec. 80. Laws 2004, chapter 261, article 6, section 5, is
81.27 	amended to read:
81.28 	Sec. 5EXPIRATION.
 81.29 	~~This article~~ Section 1 expires August 1, 2010.

81.30 	Sec. 81. AMENDMENT HAS NO EFFECT.
 81.31 	The portion of Laws 2003, First Special Session chapter 14,
81.32 	article 7, section 17, striking paragraph (e) of Minnesota
81.33 	Statutes 2002, section 62J.692, subdivision 4, is of no effect.

81.34 	Sec. 82. REPEALER.
 81.35 		Subdivision 1.Expired fee. Minnesota Statutes 2004,
81.36 	section 115B.49, subdivision 4a, is repealed.
82.1 		Subd. 2.Duplicative metropolitan council
82.2 	boundaries. Laws 2003, chapter 8, section 2, is repealed.
82.3 		Subd. 3.Tuition reimbursement. Laws 2004, chapter 219,
82.4 	section 1, is repealed.
82.5 		Subd. 4.Pharmacy benefits. Laws 2004, chapter 288,
82.6 	article 3, section 5, is repealed.
82.7 		Subd. 5.Obsolete veterans affairs rules. Minnesota
82.8 	Rules, parts 9055.0125; 9055.0500; 9055.0510; 9055.0520;
82.9 	9055.0530; 9055.0540; 9055.0550; 9055.0560; 9055.0570;
82.10 	9055.0580; 9055.0590; 9055.0600; and 9055.0610, are repealed.
82.11 		Subd. 6.Obsolete post board rules. Minnesota Rules,
82.12 	parts 6700.0100, subpart 14; and 6700.1300, are repealed.

82.13 	ARTICLE 2
82.14 	OBSOLETE CONSTABLE AND MARSHAL PROVISIONS

82.15 	Section 1. Minnesota Statutes 2004, section 345.14, is
82.16 	amended to read:
82.17 	345.14 FEES OF COURT ADMINISTRATORS.
82.18 	For services performed under the provisions of this
82.19 	chapter, court administrators of district court shall be allowed
82.20 	$1 for each day, and ~~constables~~ peace officers the same fees as
82.21 	are allowed by law for sales upon execution, and ten cents per
82.22 	folio for making an inventory of the property.

82.23 	Sec. 2. Minnesota Statutes 2004, section 346.05, is
82.24 	amended to read:
82.25 	346.05 SALE OF ESTRAY.
82.26 	If no claimant for such estray shall cause its return to
82.27 	the claimant as before provided, and if such estray shall not
82.28 	have been appraised at more than $10, the finder shall thereupon
82.29 	become the owner thereof; but, if such appraised value exceeds
82.30 	$10, the estray shall be sold at public auction by any ~~constable~~ 
82.31 	peace officer of the county on the request of the finder.
82.32 	Notice thereof shall be given and the sale conducted and the
82.33 	same fees allowed as in case of sales upon justice's execution.
82.34 	The finder may bid at such sale, and at the time thereof shall
82.35 	deliver to such officer a statement, in writing, of the finder's
82.36 	charges.  After deducting such charges, if reasonable, and the
83.1 	costs of sale, the officer shall deposit the remainder of the
83.2 	money, together with the written statement and a statement of
83.3 	the costs of sale, with the county treasurer, taking the
83.4 	treasurer's receipt therefor.  If the finder of any such estray
83.5 	shall fail to cause the sale to be made, the finder shall pay to
83.6 	the town the value of the estray, to be recovered in an action
83.7 	by the town.

83.8 	Sec. 3. Minnesota Statutes 2004, section 626.84,
83.9 	subdivision 1, is amended to read:
83.10 		Subdivision 1.Definitions.  For purposes of sections
83.11 	626.84 to 626.863, the following terms have the meanings given
83.12 	them:
83.13 	(a) "Board" means the Board of Peace Officer Standards and
83.14 	Training.
83.15 	(b) "Director" means the executive director of the board.
83.16 	(c) "Peace officer" means:
83.17 	(1) an employee or an elected or appointed official of a
83.18 	political subdivision or law enforcement agency who is licensed
83.19 	by the board, charged with the prevention and detection of crime
83.20 	and the enforcement of the general criminal laws of the state
83.21 	and who has the full power of arrest, and shall also include the
83.22 	Minnesota State Patrol, agents of the Division of Alcohol and
83.23 	Gambling Enforcement, state conservation officers, Metropolitan
83.24 	Transit police officers, Department of Corrections' Fugitive
83.25 	Apprehension Unit officers, and Department of Commerce Insurance
83.26 	Fraud Unit officers; and
83.27 	(2) a peace officer who is employed by a law enforcement
83.28 	agency of a federally recognized tribe, as defined in United
83.29 	States Code, title 25, section 450b(e), and who is licensed by
83.30 	the board.
83.31 	(d) ~~"Constable" has the meaning assigned to it in section~~
83.32 	~~367.40.~~
83.33 	~~(e) "Deputy constable" has the meaning assigned to it in~~
83.34 	~~section 367.40.~~
83.35 	~~(f)~~ "Part-time peace officer" means an individual licensed
83.36 	by the board whose services are utilized by law enforcement
84.1 	agencies no more than an average of 20 hours per week, not
84.2 	including time spent on call when no call to active duty is
84.3 	received, calculated on an annual basis, who has either full
84.4 	powers of arrest or authorization to carry a firearm while on
84.5 	active duty.  The term shall apply even though the individual
84.6 	receives no compensation for time spent on active duty, and
84.7 	shall apply irrespective of the title conferred upon the
84.8 	individual by any law enforcement agency.  The limitation on the
84.9 	average number of hours in which the services of a part-time
84.10 	peace officer may be utilized shall not apply to a part-time
84.11 	peace officer who has formally notified the board pursuant to
84.12 	rules adopted by the board of the part-time peace officer's
84.13 	intention to pursue the specialized training for part-time peace
84.14 	officers who desire to become peace officers pursuant to
84.15 	sections 626.843, subdivision 1, clause (g), and 626.845,
84.16 	subdivision 1, clause (g).
84.17 	~~(g)~~ (e) "Reserve officer" means an individual whose
84.18 	services are utilized by a law enforcement agency to provide
84.19 	supplementary assistance at special events, traffic or crowd
84.20 	control, and administrative or clerical assistance.  A reserve
84.21 	officer's duties do not include enforcement of the general
84.22 	criminal laws of the state, and the officer does not have full
84.23 	powers of arrest or authorization to carry a firearm on duty.
84.24 	~~(h)~~ (f) "Law enforcement agency" means:
84.25 	(1) a unit of state or local government that is authorized
84.26 	by law to grant full powers of arrest and to charge a person
84.27 	with the duties of preventing and detecting crime and enforcing
84.28 	the general criminal laws of the state; and
84.29 	(2) subject to the limitations in section 626.93, a law
84.30 	enforcement agency of a federally recognized tribe, as defined
84.31 	in United States Code, title 25, section 450b(e).
84.32 	~~(i)~~ (g) "Professional peace officer education" means a
84.33 	postsecondary degree program, or a nondegree program for persons
84.34 	who already have a college degree, that is offered by a college
84.35 	or university in Minnesota, designed for persons seeking
84.36 	licensure as a peace officer, and approved by the board.

85.1 	Sec. 4. REVISOR'S INSTRUCTION.
 85.2 		Subdivision 1.Law enforcement agency definition. The
85.3 	revisor of statutes shall change the reference "626.84,
85.4 	subdivision 1, paragraph (h)" to "626.84, subdivision 1,
85.5 	paragraph (f)" in Minnesota Statutes, sections 45.0135,
85.6 	subdivision 2a; 364.09, paragraph (a); 473.407, subdivision 1;
85.7 	241.025, subdivision 1; 626.8453, subdivision 1, paragraph (b);
85.8 	626.90, subdivision 2, paragraph (a); 626.91, subdivision 1,
85.9 	paragraph (a); 626.92, subdivision 2; and 626.93, subdivision 2,
85.10 	clause (1), and change the reference from "626.84, subdivision
85.11 	1, paragraph (f)" or "clause (f)" to "626.84, subdivision 1,
85.12 	paragraph (d)" in Minnesota Statutes, sections 473.407,
85.13 	subdivision 4; 241.025, subdivision 4; and 629.34, subdivision 1.
85.14 		Subd. 2.Constables and marshals. In the following
85.15 	sections, the revisor of statutes shall delete references to the
85.16 	terms "constable," "deputy constable," "marshal," "city
85.17 	marshals," and "statutory city marshal" and make changes
85.18 	necessary to correct the punctuation, grammar, or structure of
85.19 	the remaining text and preserve its meaning:  38.01; 97A.205;
85.20 	103B.645; 103B.683; 115.32, subdivision 3; 136F.53, subdivision
85.21 	5; 169.965, subdivisions 4 and 5; 169.966, subdivisions 4 and 5;
85.22 	169A.03, subdivision 18; 176.011, subdivision 9; 192.68,
85.23 	subdivision 1; 192.85; 260C.148, subdivision 3; 299C.03;
85.24 	299C.06; 299D.03, subdivision 1; 325E.21, subdivision 1;
85.25 	326.3384, subdivision 1; 327.76, subdivision 3; 329.14; 330.06;
85.26 	332.37; 345.04; 345.05; 346.14; 346.17; 346.18; 347.14,
85.27 	subdivisions 1 and 2; 349.33; 359.11; 382.27; 395.23; 398.13;
85.28 	412.861, subdivision 1; 458D.18, subdivision 4; 473.608,
85.29 	subdivision 17; 504B.331; 504B.361, subdivision 1; 504B.375,
85.30 	subdivision 1; 514.22; 514.58; 518B.01, subdivisions 6 and 9;
85.31 	541.06; 561.07; 617.27; 624.24; 624.62; 626.848; 626.862;
85.32 	626.863; 626.88; and 631.04.

85.33 	Sec. 5. REPEALER.
 85.34 	Minnesota Statutes 2004, sections 306.13; 315.43; 317A.909,
85.35 	subdivision 4; 357.12; 367.40, subdivisions 3 and 4; 367.401,
85.36 	subdivision 4; 367.42; and 398.35, subdivision 2, are repealed.

86.1 	ARTICLE 3
86.2 	UPDATING AND CONFORMING FINES

86.3 	Section 1. Minnesota Statutes 2004, section 17.43, is
86.4 	amended to read:
86.5 	17.43 VIOLATIONS; PENALTIES.
86.6 	Any person violating section 17.42~~, shall be~~ is guilty of a
86.7 	gross misdemeanor ~~and shall be fined not less than $250 or be~~
86.8 	~~imprisoned for not less than 60 days, or both~~.

86.9 	Sec. 2. Minnesota Statutes 2004, section 28.15, is amended
86.10 	to read:
86.11 	28.15 PENALTIES.
86.12 	Any person, firm, or corporation violating any provision of
86.13 	this chapter relating to cold storage warehousing ~~shall be~~ is 
86.14 	guilty of a ~~gross~~ misdemeanor ~~and, upon conviction, punished~~ for
86.15 	~~the~~ a first offense ~~by a fine of not to exceed $700 or by~~
86.16 	~~imprisonment in the jail of the proper county for a period of~~
86.17 	~~not more than three months, or by both such fine and~~
86.18 	~~imprisonment,~~and for the second or subsequent offense ~~by a fine~~
86.19 	~~of not to exceed $3,000 or by imprisonment in the jail of the~~
86.20 	~~proper county for a period of not to exceed one year or by both~~
86.21 	~~such fine and imprisonment~~ , is guilty of a gross misdemeanor.

86.22 	Sec. 3. Minnesota Statutes 2004, section 32.645, is
86.23 	amended to read:
86.24 	32.645 PENALTIES.
86.25 		Subdivision 1.Gross misdemeanor; license revocation.
 86.26 	Any person licensed under the provisions of sections 28A.04,
86.27 	28A.14, 32.56, and 32.59, who knowingly violates, or who directs
86.28 	or knowingly permits any officer, agent, or employee to violate
86.29 	section 32.62, subdivision 2, clause (1) or (3), ~~shall be~~ is 
86.30 	guilty of a gross misdemeanor ~~and upon conviction thereof, be~~
86.31 	~~punished by a fine of not more than $3,000, or 30 days~~
86.32 	~~imprisonment in the county jail, or both~~.  For each subsequent
86.33 	offense, in addition to any fine or imprisonment imposed under
86.34 	this subdivision, upon conviction thereof, the commissioner of
86.35 	agriculture shall revoke or withhold issuing to such offender
86.36 	any license required under the provisions of sections 28A.04,
87.1 	28A.14, 32.56, and 32.59, and in such case of revocation of
87.2 	license the commissioner shall not issue any license for the
87.3 	operation of such frozen food manufacturing plant for a period
87.4 	of one year from the date of such revocation.
87.5 		Subd. 2.Lesser penalties. Any person violating section
87.6 	32.62, subdivision 2, clause (2) or (4), for each first
87.7 	offense ~~shall, upon conviction thereof, be punished by a fine of~~
87.8 	~~not less than $25 nor more than $200~~ is guilty of a petty
87.9 	misdemeanor and for each subsequent offense, ~~upon conviction~~
87.10 	~~thereof, by a fine of not less than $100 nor more than $250, or~~
87.11 	~~30 days imprisonment in the county jail, or both~~ is guilty of a
87.12 	misdemeanor.

87.13 	Sec. 4. Minnesota Statutes 2004, section 64B.37,
87.14 	subdivision 2, is amended to read:
87.15 		Subd. 2.False or fraudulent statements or
87.16 	representations.  Any person, officer, member, or examining
87.17 	physician, who ~~shall~~ knowingly or willfully ~~make~~ makes any false
87.18 	or fraudulent statement or representation in, or with reference
87.19 	to, any application for membership for the purpose of obtaining
87.20 	money from or benefit in any society transacting business under
87.21 	this chapter ~~shall be~~ is guilty of a misdemeanor:
87.22 	(1) any person who ~~shall~~ willfully ~~make~~ makes a false
87.23 	statement of any material fact or thing in a sworn statement as
87.24 	to the death or disability of a certificate holder in any such
87.25 	society, for the purpose of procuring payment of a benefit named
87.26 	in the certificate of such holder, and any person who ~~shall~~ 
87.27 	willfully ~~make~~ makes any false statement and any verified report
87.28 	or declaration under oath, required or authorized under this
87.29 	chapter, ~~shall be~~ is guilty of perjury and shall be proceeded
87.30 	against and punished as provided by the statutes of this state
87.31 	in relation to the crime of perjury;
87.32 	(2) any person who ~~shall solicit~~ solicits membership for,
87.33 	or in any manner assist in procuring membership in, any society
87.34 	not licensed to do business in this state, or who ~~shall solicit~~ 
87.35 	solicits membership for or in any manner assist in procuring
87.36 	membership in, any such society not authorized to do business in
88.1 	this state, ~~shall be~~ is guilty of a misdemeanor~~; and, upon~~
88.2 	~~conviction thereof, punished by fine of not more than $200~~;
88.3 	(3) any society, or any officer, agent, or employee
88.4 	thereof, neglecting, refusing to comply with, or violating, any
88.5 	of the provisions of this chapter, the penalty for which
88.6 	neglect, refusal, or violation is not specified in this section,
88.7 	shall be fined not ~~exceeding $200 upon conviction thereof~~ more
88.8 	than $1,000.

88.9 	Sec. 5. Minnesota Statutes 2004, section 116J.871,
88.10 	subdivision 3, is amended to read:
88.11 		Subd. 3.Prevailing wage; penalty.  It is a misdemeanor
88.12 	for a person who has certified that prevailing wages will be
88.13 	paid to laborers and mechanics under subdivision 2 to
88.14 	subsequently fail to pay the prevailing wage. ~~This misdemeanor~~
88.15 	~~is punishable by a fine of not more than $1,000, or imprisonment~~
88.16 	~~for not more than 90 days, or both.~~Each day a violation of
88.17 	this subdivision continues is a separate offense.

88.18 	Sec. 6. Minnesota Statutes 2004, section 127A.10, is
88.19 	amended to read:
88.20 	127A.10 STATE OFFICIALS AND SCHOOL BOARD MEMBERS TO BE
88.21 	DISINTERESTED; PENALTY.
88.22 	If the commissioner of education, an assistant or any
88.23 	employee connected with the commissioner's office, or any member
88.24 	of any school board shall accept or receive any money, gift or
88.25 	any property, or favor from any person, firm, or corporation
88.26 	offering for sale any textbooks, or any agent thereof, or from
88.27 	any person in any way interested in the sale of textbooks, the
88.28 	person accepting or receiving it ~~shall, upon conviction, be~~
88.29 	~~punished by a fine not exceeding $1,000, or by imprisonment in~~
88.30 	~~the county jail for not more than six months, or both by such~~
88.31 	~~fine and imprisonment~~ is guilty of a gross misdemeanor.

88.32 	Sec. 7. Minnesota Statutes 2004, section 137.09, is
88.33 	amended to read:
88.34 	137.09 BOARD OF REGENTS NOT TO EXCEED APPROPRIATIONS;
88.35 	PENALTY.
88.36 	It shall be unlawful for the Board of Regents to permit any
89.1 	expenditures for any purpose in excess of the amount
89.2 	appropriated or contemplated by law and any member or agent of
89.3 	the board violating this provision ~~shall be~~ is guilty of a gross
89.4 	misdemeanor~~; and, upon conviction, fined not less than $100 nor~~
89.5 	~~more than $3,000, or be imprisoned in the county jail for not~~
89.6 	~~less than six months, or by both fine and imprisonment~~.

89.7 	Sec. 8. Minnesota Statutes 2004, section 152.027,
89.8 	subdivision 4, is amended to read:
89.9 		Subd. 4.Possession or sale of small amounts of
89.10 	marijuana.  (a) A person who unlawfully sells a small amount of
89.11 	marijuana for no remuneration, or who unlawfully possesses a
89.12 	small amount of marijuana is guilty of a petty misdemeanor
89.13 	~~punishable by a fine of up to $200~~ and participation in a drug
89.14 	education program unless the court enters a written finding that
89.15 	a drug education program is inappropriate.  The program must be
89.16 	approved by an area mental health board with a curriculum
89.17 	approved by the state alcohol and drug abuse authority.
89.18 	(b) A person convicted of an unlawful sale under paragraph
89.19 	(a) who is subsequently convicted of an unlawful sale under
89.20 	paragraph (a) within two years is guilty of a misdemeanor and
89.21 	shall be required to participate in a chemical dependency
89.22 	evaluation and treatment if so indicated by the evaluation.
89.23 	(c) A person who is convicted of a petty misdemeanor under
89.24 	paragraph (a) who willfully and intentionally fails to comply
89.25 	with the sentence imposed, is guilty of a misdemeanor.
89.26 	Compliance with the terms of the sentence imposed before
89.27 	conviction under this paragraph is an absolute defense.

89.28 	Sec. 9. Minnesota Statutes 2004, section 155A.16, is
89.29 	amended to read:
89.30 	155A.16 VIOLATIONS; PENALTIES.
89.31 	Any person who violates any of the provisions of sections
89.32 	155A.01 to 155A.16 is guilty of a misdemeanor ~~and upon~~
89.33 	~~conviction may be sentenced to imprisonment for not more than 90~~
89.34 	~~days or fined not more than $700, or both, per violation~~.

89.35 	Sec. 10. Minnesota Statutes 2004, section 168.275, is
89.36 	amended to read:
90.1 	168.275 SALE OF MOTOR VEHICLE ON SUNDAY FORBIDDEN.
90.2 	Any person who shall carry on or engage in the business of
90.3 	buying, selling, exchanging, dealing in or trading in new or
90.4 	used motor vehicles; or who shall open any place of business or
90.5 	lot wherein the person attempts to or does engage in the
90.6 	business of buying, selling, exchanging, dealing or trading in
90.7 	new or used motor vehicles; or who does buy, sell, exchange,
90.8 	deal or trade in new or used motor vehicles as a business on the
90.9 	first day of the week, commonly known and designated as Sunday,
90.10 	is guilty of a misdemeanor for the first offense, and a gross
90.11 	misdemeanor for each succeeding offense. ~~Such a person upon~~
90.12 	~~conviction for the first offense shall pay a fine not to exceed~~
90.13 	~~$1,000 or be imprisoned for a period of not more than ten days;~~
90.14 	~~and for the second offense shall pay a fine not to exceed $3,000~~
90.15 	~~or be imprisoned for a period of not more than 30 days or both;~~
90.16 	~~and for the third or each subsequent offense shall pay a fine of~~
90.17 	~~not more than $3,000 or be imprisoned for a period of not more~~
90.18 	~~than six months or both.~~This section does not apply to the
90.19 	sale of (1) trailers designed and used primarily to transport
90.20 	watercraft, as defined in section 86B.005, subdivision 18, (2)
90.21 	trailers designed and used primarily to transport all-terrain
90.22 	vehicles, as defined in section 84.92, subdivision 8, (3)
90.23 	trailers designed and used primarily to transport snowmobiles as
90.24 	defined in section 84.81, subdivision 3, or (4) utility trailers
90.25 	as defined in section 168.27, subdivision 20.

90.26 	Sec. 11. Minnesota Statutes 2004, section 169.21,
90.27 	subdivision 2, is amended to read:
90.28 		Subd. 2.Rights in absence of signal.  (a) Where
90.29 	traffic-control signals are not in place or in operation, the
90.30 	driver of a vehicle shall stop to yield the right-of-way to a
90.31 	pedestrian crossing the roadway within a marked crosswalk or at
90.32 	an intersection with no marked crosswalk.  The driver must
90.33 	remain stopped until the pedestrian has passed the lane in which
90.34 	the vehicle is stopped.  No pedestrian shall suddenly leave a
90.35 	curb or other place of safety and walk or run into the path of a
90.36 	vehicle which is so close that it is impossible for the driver
91.1 	to yield.  This provision shall not apply under the conditions
91.2 	as otherwise provided in this subdivision.
91.3 	(b) When any vehicle is stopped at a marked crosswalk or at
91.4 	an intersection with no marked crosswalk to permit a pedestrian
91.5 	to cross the roadway, the driver of any other vehicle
91.6 	approaching from the rear shall not overtake and pass the
91.7 	stopped vehicle.
91.8 	(c) It is unlawful for any person to drive a motor vehicle
91.9 	through a column of school children crossing a street or highway
91.10 	or past a member of a school safety patrol or adult crossing
91.11 	guard, while the member of the school safety patrol or adult
91.12 	crossing guard is directing the movement of children across a
91.13 	street or highway and while the school safety patrol member or
91.14 	adult crossing guard is holding an official signal in the stop
91.15 	position.  A peace officer may arrest the driver of a motor
91.16 	vehicle if the peace officer has probable cause to believe that
91.17 	the driver has operated the vehicle in violation of this
91.18 	paragraph within the past four hours.
91.19 	(d) A person who violates this subdivision is guilty of a
91.20 	misdemeanor ~~and may be sentenced to imprisonment for not more~~
91.21 	~~than 90 days or to payment of a fine of not more than $1,000, or~~
91.22 	~~both~~.  A person who violates this subdivision a second or
91.23 	subsequent time within one year of a previous conviction under
91.24 	this subdivision is guilty of a gross misdemeanor ~~and may be~~
91.25 	~~sentenced to imprisonment for not more than one year or to~~
91.26 	~~payment of a fine of not more than $3,000, or both~~.

91.27 	Sec. 12. Minnesota Statutes 2004, section 181.30, is
91.28 	amended to read:
91.29 	181.30 DUTY OF DEPARTMENT OF TRANSPORTATION.
91.30 	Any officer of any railroad company in the state violating
91.31 	any of the provisions of section 181.29~~shall be~~ is guilty of a
91.32 	misdemeanor~~; and, upon conviction, punished by a fine of not~~
91.33 	~~less than $100, and not more than $1,000, for each offense, or~~
91.34 	~~by imprisonment in the county jail not more than 60 days, or~~
91.35 	~~both fine and imprisonment, at the discretion of the court~~.  It
91.36 	shall be the duty of the state Department of Transportation,
92.1 	upon complaint properly filed with it alleging a violation of
92.2 	section 181.29, to make a full investigation in relation
92.3 	thereto, and for such purpose it shall have the power to
92.4 	administer oaths, interrogate witnesses, take testimony and
92.5 	require the production of books and papers, and if such report
92.6 	shall show a violation of the provisions of section 181.29, the
92.7 	Department of Transportation shall, through the attorney
92.8 	general, begin the prosecution of all parties against whom
92.9 	evidence of such violation is found; but section 181.29 shall
92.10 	not be construed to prevent any other person from beginning
92.11 	prosecution for the violation of the provisions thereof.

92.12 	Sec. 13. Minnesota Statutes 2004, section 219.57,
92.13 	subdivision 6, is amended to read:
92.14 		Subd. 6.Misdemeanor.  A railroad company violating this
92.15 	section is guilty of a misdemeanor ~~punishable by a fine of not~~
92.16 	~~less than $50 nor more than $200~~ and may be assessed costs of
92.17 	prosecution for each offense.
92.18 	A railroad employee violating this section is guilty of a
92.19 	misdemeanor ~~punishable by a fine of not less than $50 nor more~~
92.20 	~~than $100~~ and may be assessed costs of prosecution ~~or by~~
92.21 	~~imprisonment in the county jail not exceeding 90 days~~.

92.22 	Sec. 14. Minnesota Statutes 2004, section 234.23, is
92.23 	amended to read:
92.24 	234.23 VIOLATION; PENALTY.
92.25 	A person unlawfully removing, breaking, or interfering or
92.26 	tampering with a seal, lock, or other fastening placed upon a
92.27 	granary, crib, bin, or other receptacle for grain under this
92.28 	chapter, except when the removal is imperative to prevent the
92.29 	damage, loss, or destruction of stored grain, is guilty of a
92.30 	~~crime punishable by a fine of not less than $100 or more than~~
92.31 	~~$1,000 or by imprisonment in the county jail for not more than~~
92.32 	~~six months, or both~~ gross misdemeanor.

92.33 	Sec. 15. Minnesota Statutes 2004, section 235.10, is
92.34 	amended to read:
92.35 	235.10 UNLAWFUL DISCRIMINATION IN SALE OR PURCHASE OF
92.36 	GRAIN.
93.1 	A person, firm, copartnership, or corporation engaged in
93.2 	the business of buying grain, either for itself or others, may
93.3 	not, with the intention of creating a monopoly or destroying the
93.4 	business of a competitor, discriminate between different
93.5 	localities, of this state by purchasing grain of a particular
93.6 	grade and condition at a higher price or rate in one locality
93.7 	than in another after making due allowance for the difference,
93.8 	if any, in actual cost of transportation from the locality of
93.9 	purchase, to the locality of manufacture, use, or distribution.
93.10 	Violation of this section is ~~unfair discrimination, punishable~~
93.11 	~~by a fine up to $1,000 or by imprisonment in the county jail up~~
93.12 	~~to six months~~ a gross misdemeanor.

93.13 	Sec. 16. Minnesota Statutes 2004, section 235.13, is
93.14 	amended to read:
93.15 	235.13 VIOLATIONS; PENALTIES.
93.16 	Violation of chapters 216 to 235, if no specific penalty is
93.17 	prescribed, is a gross misdemeanor~~, punishable by a fine of not~~
93.18 	~~less than $50 nor more than $700~~.

93.19 	Sec. 17. Minnesota Statutes 2004, section 325F.40, is
93.20 	amended to read:
93.21 	325F.40 VIOLATIONS; PENALTIES.
93.22 	Any person, company, or corporation violating any of the
93.23 	provisions of sections 325F.35 to 325F.39~~shall be deemed~~ is 
93.24 	guilty of a misdemeanor~~; and, upon conviction thereof, for the~~
93.25 	~~first offense, punished by a fine of not less than $25 nor more~~
93.26 	~~than $50 and for each subsequent offense by a fine of not less~~
93.27 	~~than $50 nor more than $200~~.

93.28 	Sec. 18. Minnesota Statutes 2004, section 329.17, is
93.29 	amended to read:
93.30 	329.17 VIOLATIONS; PENALTIES.
93.31 		Subdivision 1.Gross misdemeanor. Every person, either
93.32 	as principal or agent, who shall in any manner engage in, do, or
93.33 	transact any business as a transient merchant, without having
93.34 	first obtained a license, or who shall conduct any sale, or who
93.35 	shall sell or expose for sale any goods, wares, and merchandise
93.36 	contrary to the provisions of sections 329.10 to 329.16, or who
94.1 	shall advertise, represent, or hold forth any sale of goods,
94.2 	wares, and merchandise, to be conducted contrary to the
94.3 	provisions of sections 329.10 to 329.16, ~~shall be~~ is guilty of a
94.4 	gross misdemeanor.
94.5 		Subd. 2.Misdemeanor. Every person who shall engage in
94.6 	or follow the business of a hawker or peddler without having
94.7 	first obtained a license ~~shall be~~ is guilty of a misdemeanor~~;~~
94.8 	~~and upon conviction thereof punished by a fine of not less than~~
94.9 	~~$15 nor more than $100 or in default of the payment of such fine~~
94.10 	~~by imprisonment in the county jail of the county of conviction~~
94.11 	~~for a period of not exceeding 60 days for each offense~~.

94.12 	Sec. 19. Minnesota Statutes 2004, section 333.135, is
94.13 	amended to read:
94.14 	333.135 IMPROPER USE OF INSIGNIA.
94.15 	Every person who shall willfully wear the insignia or
94.16 	rosette of the military order of the Loyal Legion of the United
94.17 	States, or the badge or button of the American Legion, the
94.18 	Veterans of Foreign Wars, the Disabled American Veterans of the
94.19 	World War, or of any other veterans' organization, or any
94.20 	similitude thereof; or who shall willfully wear any badge,
94.21 	emblem, or insignia pertaining to the order of Masons, Odd
94.22 	Fellows, Knights of Pythias, or any other secret order or
94.23 	society, or any similitude thereof; or who shall use any such
94.24 	badge, button, or insignia to obtain aid or assistance, or who
94.25 	shall use the name of any such order or society for gain, unless
94.26 	entitled to so use the same under the constitution, bylaws,
94.27 	rules, and regulations of such order, ~~shall be~~ is guilty of a
94.28 	misdemeanor ~~and shall be punished by imprisonment in the county~~
94.29 	~~jail for not more than 60 days or by a fine of not more than $50~~
94.30 	~~or by both~~.

94.31 	Sec. 20. Minnesota Statutes 2004, section 395.22, is
94.32 	amended to read:
94.33 	395.22 PENALTY FOR VIOLATION.
94.34 	Any person who shall, contrary to the provisions of
94.35 	sections 395.14 to 395.24, sell, transfer, take, or carry away,
94.36 	or in any manner dispose of, the seed or feed, or any part
95.1 	thereof, furnished by the county under sections 395.14 to 395.24
95.2 	or shall use or dispose of such seed or feed, or any part
95.3 	thereof, for any other purpose than that of planting or sowing
95.4 	with same as stated in the application and contract, or shall
95.5 	sell, transfer, take, or carry away, or in any manner dispose
95.6 	of, the crop or any part thereof, produced from the sowing or
95.7 	planting of such seed, before the same is paid for, ~~shall be~~ is 
95.8 	guilty of a misdemeanor~~; and upon conviction thereof shall pay a~~
95.9 	~~fine of not less than $50 nor more than $100 or may be~~
95.10 	~~imprisoned in the county jail for a term of not less than 30 nor~~
95.11 	~~more than 90 days,~~and shall pay all the costs of prosecution,
95.12 	and whoever under any of the provisions of sections 395.14 to
95.13 	395.24 shall be found guilty of false swearing shall be deemed
95.14 	to have committed perjury and shall upon conviction suffer the
95.15 	pains and penalties of that crime.  Upon the filing of the
95.16 	contract in the office of the county recorder, and the sowing of
95.17 	the seed obtained therefor, the title and right of possession to
95.18 	the growing crop and to the grain produced from the seed shall
95.19 	be in the county which shall have furnished the seed until the
95.20 	debt incurred for such seed or feed, shall have been paid, and
95.21 	any seizure thereof or interference therewith except by the
95.22 	applicant and those in the applicant's employ, for the purpose
95.23 	of harvesting, threshing, and marketing the same to pay such
95.24 	debt, shall be deemed a conversion thereof and treble damages
95.25 	may be recovered against the person so converting the same by
95.26 	the county furnishing such seed and feed.

95.27 	Sec. 21. Minnesota Statutes 2004, section 481.05, is
95.28 	amended to read:
95.29 	481.05 VIOLATIONS; PENALTIES.
95.30 		Subdivision 1.Misdemeanor. Any attorney at law who
95.31 	~~shall violate~~ violates section 481.03~~shall be~~ is guilty of a
95.32 	misdemeanor ~~and punished by a fine of not less than $50 nor more~~
95.33 	~~than $100 or by imprisonment in the county jail for not more~~
95.34 	~~than 90 days~~.
95.35 		Subd. 2.Misdemeanor. Any person who ~~shall violate~~ 
95.36 	violates section 481.04~~shall be~~ is guilty of a misdemeanor ~~and~~
96.1 	~~punished by a fine of not less than $50 nor more than $100 or by~~
96.2 	~~imprisonment in the county jail for not to exceed 90 days~~.

96.3 	Sec. 22. Minnesota Statutes 2004, section 624.64, is
96.4 	amended to read:
96.5 	624.64 ACROBATIC EXHIBITIONS.
96.6 	Every proprietor, occupant, or lessee of any place where
96.7 	acrobatic exhibitions are held, who shall permit any person to
96.8 	perform on any trapeze, rope, pole, or other acrobatic
96.9 	contrivance, without network, or other sufficient means of
96.10 	protection from falling or other accident, ~~shall be~~ is guilty of
96.11 	a gross misdemeanor~~, and, for the first offense, punished by a~~
96.12 	~~fine of $250 and for each subsequent offense by a fine of $250~~
96.13 	~~and imprisonment in the county jail for not less than three~~
96.14 	~~months nor more than one year~~.

96.15 	Sec. 23. Minnesota Statutes 2004, section 624.67, is
96.16 	amended to read:
96.17 	624.67 FALSE CERTIFICATE OF REGISTRATION OF ANIMALS; FALSE
96.18 	REPRESENTATION AS TO BREED.
96.19 	Every person who by any false pretense shall obtain from
96.20 	any club, association, society, or company for the improvement
96.21 	of the breed of cattle, horses, sheep, swine, fowls, or other
96.22 	domestic animals, or birds, a certificate of registration of any
96.23 	animal in the herd, or other register of any such association,
96.24 	society, or company, or a transfer of any such registration, and
96.25 	every person who shall knowingly represent any animal used for
96.26 	breeding purposes to be of a greater degree of any particular
96.27 	strain of blood than such animal actually possesses, ~~shall be~~ is 
96.28 	guilty of a gross misdemeanor~~, and punished by imprisonment in~~
96.29 	~~the county jail for not more than six months, or by a fine of~~
96.30 	~~not more than $250~~.

96.31 	Sec. 24. Minnesota Statutes 2004, section 629.11, is
96.32 	amended to read:
96.33 	629.11 VIOLATION A GROSS MISDEMEANOR.
96.34 	Any officer who shall deliver to the agent for extradition
96.35 	of the demanding state a person in custody under the governor's
96.36 	warrant in willful disobedience to section 629.10~~shall be~~ is 
97.1 	guilty of a gross misdemeanor~~; and upon conviction shall be~~
97.2 	~~fined not more than $3,000 or be imprisoned for not more than~~
97.3 	~~six months~~.

97.4 	Sec. 25. Minnesota Statutes 2004, section 631.04, is
97.5 	amended to read:
97.6 	631.04 EXCLUDING MINORS FROM ATTENDANCE AT CRIMINAL
97.7 	TRIALS; DUTY OF OFFICER; PENALTY.
97.8 	A minor under the age of 17 who is not a party to, witness
97.9 	in, or directly interested in a criminal prosecution or trial
97.10 	before a district court, may not be present at the trial.  A
97.11 	police officer, constable, sheriff, or other officer in charge
97.12 	of a court and attending upon the trial of a criminal case in
97.13 	the court, shall exclude a minor under age of 17 from the room
97.14 	in which the trial is being held.  This section does not apply
97.15 	when the minor is permitted to attend by order of the court
97.16 	before which the trial is being held.  A police officer,
97.17 	constable, sheriff, or deputy sheriff who knowingly neglects or
97.18 	refuses to carry out the provisions of this section is guilty of
97.19 	a misdemeanor ~~and shall be punished by a fine of not less than~~
97.20 	~~$10 nor more than $25~~.

97.21 	ARTICLE 4
97.22 	GUARDIANSHIP AND CONSERVATORSHIP

97.23 	Section 1. Minnesota Statutes 2004, section 144.6501,
97.24 	subdivision 1, is amended to read:
97.25 		Subdivision 1.Definitions.  For purposes of this
97.26 	section, the following terms have the meanings given them.
97.27 	(a) "Facility" means a nursing home licensed under chapter
97.28 	144A or a boarding care facility licensed under sections 144.50
97.29 	to 144.58.
97.30 	(b) "Contract of admission," "admission contract," or
97.31 	"admission agreement," includes, but is not limited to, all
97.32 	documents that a resident or resident's representative must sign
97.33 	at the time of, or as a condition of, admission to the
97.34 	facility.  Oral representations and statements between the
97.35 	facility and the resident or resident's representative are not
97.36 	part of the contract of admission unless expressly contained in
98.1 	writing in those documents.  The contract of admission must
98.2 	specify the obligations of the resident or the responsible party.
98.3 	(c) "Legal representative" means an attorney-in-fact under
98.4 	a valid power of attorney executed by the prospective resident,
98.5 	or a conservator or guardian ~~of the person or of the estate~~ 
98.6 	appointed for the prospective resident, or a representative
98.7 	payee appointed for the prospective resident, or other agent of
98.8 	limited powers.
98.9 	(d) "Responsible party" means a person who has access to
98.10 	the resident's income and assets and who agrees to apply the
98.11 	resident's income and assets to pay for the resident's care or
98.12 	who agrees to make and complete an application for medical
98.13 	assistance on behalf of the resident.

98.14 	Sec. 2. Minnesota Statutes 2004, section 145B.04, is
98.15 	amended to read:
98.16 	145B.04 SUGGESTED FORM.
98.17 	A living will executed after August 1, 1989, under this
98.18 	chapter must be substantially in the form in this section.
98.19 	Forms printed for public distribution must be substantially in
98.20 	the form in this section.
98.21 	"Health Care Living Will
98.22 	Notice:
98.23 	This is an important legal document.  Before signing this
98.24 	document, you should know these important facts:
98.25 	(a) This document gives your health care providers or your
98.26 	designated proxy the power and guidance to make health care
98.27 	decisions according to your wishes when you are in a terminal
98.28 	condition and cannot do so.  This document may include what kind
98.29 	of treatment you want or do not want and under what
98.30 	circumstances you want these decisions to be made.  You may
98.31 	state where you want or do not want to receive any treatment.
98.32 	(b) If you name a proxy in this document and that person
98.33 	agrees to serve as your proxy, that person has a duty to act
98.34 	consistently with your wishes.  If the proxy does not know your
98.35 	wishes, the proxy has the duty to act in your best interests.
98.36 	If you do not name a proxy, your health care providers have a
99.1 	duty to act consistently with your instructions or tell you that
99.2 	they are unwilling to do so.
99.3 	(c) This document will remain valid and in effect until and
99.4 	unless you amend or revoke it.  Review this document
99.5 	periodically to make sure it continues to reflect your
99.6 	preferences.  You may amend or revoke the living will at any
99.7 	time by notifying your health care providers.
99.8 	(d) Your named proxy has the same right as you have to
99.9 	examine your medical records and to consent to their disclosure
99.10 	for purposes related to your health care or insurance unless you
99.11 	limit this right in this document.
99.12 	(e) If there is anything in this document that you do not
99.13 	understand, you should ask for professional help to have it
99.14 	explained to you.
99.15 	TO MY FAMILY, DOCTORS, AND ALL THOSE CONCERNED WITH MY CARE:
99.16 	I, .........................., born on ........
99.17 	(birthdate), being an adult of sound mind, willfully and
99.18 	voluntarily make this statement as a directive to be followed if
99.19 	I am in a terminal condition and become unable to participate in
99.20 	decisions regarding my health care.  I understand that my health
99.21 	care providers are legally bound to act consistently with my
99.22 	wishes, within the limits of reasonable medical practice and
99.23 	other applicable law.  I also understand that I have the right
99.24 	to make medical and health care decisions for myself as long as
99.25 	I am able to do so and to revoke this living will at any time.
99.26 	(1) The following are my feelings and wishes regarding my
99.27 	health care (you may state the circumstances under which this
99.28 	living will applies):
99.29 	................................................................
99.30 	................................................................
99.31 	................................................................
99.32 	................................................................
99.33 	(2) I particularly want to have all appropriate health care
99.34 	that will help in the following ways (you may give instructions
99.35 	for care you do want):
99.36 	.................................................................
100.1 	.................................................................
100.2 	.................................................................
100.3 	.................................................................
100.4 	(3) I particularly do not want the following (you may list
100.5 	specific treatment you do not want in certain circumstances):
100.6 	.................................................................
100.7 	.................................................................
100.8 	(4) I particularly want to have the following kinds of
100.9 	life-sustaining treatment if I am diagnosed to have a terminal
100.10 	condition (you may list the specific types of life-sustaining
100.11 	treatment that you do want if you have a terminal condition):
100.12 	...............................................................
100.13 	...............................................................
100.14 	...............................................................
100.15 	...............................................................
100.16 	(5) I particularly do not want the following kinds of
100.17 	life-sustaining treatment if I am diagnosed to have a terminal
100.18 	condition (you may list the specific types of life-sustaining
100.19 	treatment that you do not want if you have a terminal condition):
100.20 	...............................................................
100.21 	...............................................................
100.22 	...............................................................
100.23 	...............................................................
100.24 	(6) I recognize that if I reject artificially administered
100.25 	sustenance, then I may die of dehydration or malnutrition rather
100.26 	than from my illness or injury.  The following are my feelings
100.27 	and wishes regarding artificially administered sustenance should
100.28 	I have a terminal condition (you may indicate whether you wish
100.29 	to receive food and fluids given to you in some other way than
100.30 	by mouth if you have a terminal condition):
100.31 	...............................................................
100.32 	...............................................................
100.33 	...............................................................
100.34 	...............................................................
100.35 	(7) Thoughts I feel are relevant to my instructions.  (You
100.36 	may, but need not, give your religious beliefs, philosophy, or
101.1 	other personal values that you feel are important.  You may also
101.2 	state preferences concerning the location of your care.)
101.3 	...............................................................
101.4 	...............................................................
101.5 	...............................................................
101.6 	...............................................................
101.7 	(8) Proxy Designation.  (If you wish, you may name someone
101.8 	to see that your wishes are carried out, but you do not have to
101.9 	do this.  You may also name a proxy without including specific
101.10 	instructions regarding your care.  If you name a proxy, you
101.11 	should discuss your wishes with that person.)
101.12 	If I become unable to communicate my instructions, I
101.13 	designate the following person(s) to act on my behalf
101.14 	consistently with my instructions, if any, as stated in this
101.15 	document.  Unless I write instructions that limit my proxy's
101.16 	authority, my proxy has full power and authority to make health
101.17 	care decisions for me.  If a guardian ~~or conservator of the~~
101.18 	~~person~~ is to be appointed for me, I nominate my proxy named in
101.19 	this document to act as my guardian ~~or conservator of my person~~.
101.20 	Name:  .................................................
101.21 	Address:  ..............................................
101.22 	Phone Number:  .........................................
101.23 	Relationship:  (If any) ................................
101.24 	If the person I have named above refuses or is unable or
101.25 	unavailable to act on my behalf, or if I revoke that person's
101.26 	authority to act as my proxy, I authorize the following person
101.27 	to do so:
101.28 	Name:  .....................................................
101.29 	Address:  ..................................................
101.30 	Phone Number:  .............................................
101.31 	Relationship:  (If any) ....................................
101.32 	I understand that I have the right to revoke the
101.33 	appointment of the persons named above to act on my behalf at
101.34 	any time by communicating that decision to the proxy or my
101.35 	health care provider.
101.36 	(9) Organ Donation After Death.  (If you wish, you may
102.1 	indicate whether you want to be an organ donor upon your
102.2 	death.)  Initial the statement which expresses your wish:
102.3 	.....  In the event of my death, I would like to donate my
102.4 	organs.  I understand that to become an organ donor, I must be
102.5 	declared brain dead.  My organ function may be maintained
102.6 	artificially on a breathing machine, (i.e., artificial
102.7 	ventilation), so that my organs can be removed.
102.8 	Limitations or special wishes:  (If any) ..................
102.9 	.................................................................
102.10 	.................................................................
102.11 	I understand that, upon my death, my next of kin may be
102.12 	asked permission for donation.  Therefore, it is in my best
102.13 	interests to inform my next of kin about my decision ahead of
102.14 	time and ask them to honor my request.
102.15 	I (have) (have not) agreed in another document or on
102.16 	another form to donate some or all of my organs when I die.
102.17 	.....  I do not wish to become an organ donor upon my death.
102.18 	DATE:  .....................................................
102.19 	SIGNED: ....................................................
102.20 	STATE OF .........................
102.21 	...................................
102.22 	COUNTY OF ........................
102.23 	Subscribed, sworn to, and acknowledged before me by
102.24 	.......... on this ..... day of ............, .....
102.25 	
102.26 	.........................................
102.27 	NOTARY PUBLIC
102.28 	OR
102.29 	(Sign and date here in the presence of two adult witnesses,
102.30 	neither of whom is entitled to any part of your estate under a
102.31 	will or by operation of law, and neither of whom is your proxy.)
102.32 	I certify that the declarant voluntarily signed this living
102.33 	will in my presence and that the declarant is personally known
102.34 	to me.  I am not named as a proxy by the living will, and to the
102.35 	best of my knowledge, I am not entitled to any part of the
102.36 	estate of the declarant under a will or by operation of law.
103.1 	Witness ....................  Address .....................
103.2 	Witness ....................  Address .....................
103.3 	Reminder:  Keep the signed original with your personal papers.
103.4 	Give signed copies to your doctors, family, and proxy."

103.5 	Sec. 3. Minnesota Statutes 2004, section 201.014,
103.6 	subdivision 2, is amended to read:
103.7 		Subd. 2.Not eligible.  The following individuals are not
103.8 	eligible to vote.  Any individual:
103.9 	(a) Convicted of treason or any felony whose civil rights
103.10 	have not been restored;
103.11 	(b) Under a guardianship ~~of the person~~ in which the court
103.12 	order provides that the ward does not retain the right to vote;
103.13 	or
103.14 	(c) Found by a court of law to be legally incompetent.

103.15 	Sec. 4. Minnesota Statutes 2004, section 201.071,
103.16 	subdivision 1, is amended to read:
103.17 		Subdivision 1.Form.  A voter registration application
103.18 	must be of suitable size and weight for mailing and contain
103.19 	spaces for the following required information:  voter's first
103.20 	name, middle name, and last name; voter's previous name, if any;
103.21 	voter's current address; voter's previous address, if any;
103.22 	voter's date of birth; voter's municipality and county of
103.23 	residence; voter's telephone number, if provided by the voter;
103.24 	date of registration; current and valid Minnesota driver's
103.25 	license number or Minnesota state identification number, or if
103.26 	the voter has no current and valid Minnesota driver's license or
103.27 	Minnesota state identification, the last four digits of the
103.28 	voter's Social Security number; and voter's signature.  The
103.29 	registration application may include the voter's e-mail address,
103.30 	if provided by the voter, and the voter's interest in serving as
103.31 	an election judge, if indicated by the voter.  The application
103.32 	must also contain the following certification of voter
103.33 	eligibility:
103.34 	"I certify that I:
103.35 	(1) will be at least 18 years old on election day;
103.36 	(2) am a citizen of the United States;
104.1 	(3) will have resided in Minnesota for 20 days immediately
104.2 	preceding election day;
104.3 	(4) maintain residence at the address given on the
104.4 	registration form;
104.5 	(5) am not under court-ordered guardianship ~~of the person~~ 
104.6 	where I have not retained the right to vote;
104.7 	(6) have not been found by a court to be legally
104.8 	incompetent to vote;
104.9 	(7) have not been convicted of a felony without having my
104.10 	civil rights restored; and
104.11 	(8) have read and understand the following statement:  that
104.12 	giving false information is a felony punishable by not more than
104.13 	five years imprisonment or a fine of not more than $10,000, or
104.14 	both."
104.15 	The certification must include boxes for the voter to
104.16 	respond to the following questions:
104.17 	"(1) Are you a citizen of the United States?" and
104.18 	"(2) Will you be 18 years old on or before election day?"
104.19 	And the instruction:
104.20 	"If you checked 'no' to either of these questions, do not
104.21 	complete this form."
104.22 	The form of the voter registration application and the
104.23 	certification of voter eligibility must be as provided in this
104.24 	subdivision and approved by the secretary of state.  Voter
104.25 	registration forms authorized by the National Voter Registration
104.26 	Act may also be accepted as valid.
104.27 	An individual may use a voter registration application to
104.28 	apply to register to vote in Minnesota or to change information
104.29 	on an existing registration.

104.30 	Sec. 5. Minnesota Statutes 2004, section 201.15,
104.31 	subdivision 1, is amended to read:
104.32 		Subdivision 1.Guardianships and incompetents.  Pursuant
104.33 	to the Help America Vote Act of 2002, Public Law 107-252, the
104.34 	state court administrator shall report monthly by electronic
104.35 	means to the secretary of state the name, address, and date of
104.36 	birth of each individual 18 years of age or over, who during the
105.1 	month preceding the date of the report:
105.2 	(a) was placed under a guardianship ~~of the person~~ in which
105.3 	the court order provides that the ward does not retain the right
105.4 	to vote; or
105.5 	(b) was adjudged legally incompetent.
105.6 	The court administrator shall also report the same
105.7 	information for each individual transferred to the jurisdiction
105.8 	of the court who meets a condition specified in clause (a) or
105.9 	(b).  The secretary of state shall determine if any of the
105.10 	persons in the report is registered to vote and shall prepare a
105.11 	list of those registrants for the county auditor.  The county
105.12 	auditor shall change the status on the record in the statewide
105.13 	registration system of any individual named in the report to
105.14 	indicate that the individual is not eligible to reregister or
105.15 	vote.

105.16 	Sec. 6. Minnesota Statutes 2004, section 204B.10,
105.17 	subdivision 6, is amended to read:
105.18 		Subd. 6.Ineligible voter.  Upon receipt of a certified
105.19 	copy of a final judgment or order of a court of competent
105.20 	jurisdiction that a person who has filed an affidavit of
105.21 	candidacy or who has been nominated by petition:
105.22 	(1) has been convicted of treason or a felony and the
105.23 	person's civil rights have not been restored;
105.24 	(2) is under guardianship ~~of the person~~; or
105.25 	(3) has been found by a court of law to be legally
105.26 	incompetent;
105.27 	the filing officer shall notify the person by certified mail at
105.28 	the address shown on the affidavit or petition, and shall not
105.29 	certify the person's name to be placed on the ballot.  The
105.30 	actions of a filing officer under this subdivision are subject
105.31 	to judicial review under section 204B.44.

105.32 	Sec. 7. Minnesota Statutes 2004, section 246.01, is
105.33 	amended to read:
105.34 	246.01 POWERS AND DUTIES.
105.35 	The commissioner of human services is hereby specifically
105.36 	constituted the guardian ~~of both the estate and person~~ and
106.1 	conservator of the estate of all persons with mental
106.2 	retardation, the guardianship of whom has heretofore been vested
106.3 	in the State Board of Control or in the director of social
106.4 	welfare whether by operation of law or by an order of court
106.5 	without any further act or proceeding, and all the powers and
106.6 	duties vested in or imposed upon the State Board of Control or
106.7 	the director of social welfare, with reference to mental testing
106.8 	of persons with mental retardation, and with reference to the
106.9 	institutions of the state of Minnesota except correctional
106.10 	facilities administered and managed by the commissioner of
106.11 	corrections, are hereby transferred to, vested in, and imposed
106.12 	upon the commissioner of human services, and in relation thereto
106.13 	is hereby charged with and shall have the exclusive power of
106.14 	administration and management of all of the following state
106.15 	institutions:  state hospitals for persons with mental
106.16 	retardation, mental illness, or chemical dependency.  The
106.17 	commissioner shall have power and authority to determine all
106.18 	matters relating to the unified and continuous development of
106.19 	all of the foregoing institutions and of such other
106.20 	institutions, the supervision of which may, from time to time,
106.21 	be vested in the commissioner.  It is intended that there be
106.22 	vested in the commissioner all of the powers, functions, and
106.23 	authority heretofore vested in the State Board of Control
106.24 	relative to such state institutions.  The commissioner shall
106.25 	have the power and authority to accept, in behalf of the state,
106.26 	contributions and gifts of money and personal property for the
106.27 	use and benefit of the residents of the public institutions
106.28 	under the commissioner's control, and all money and securities
106.29 	so received shall be deposited in the state treasury subject to
106.30 	the order of the commissioner of human services.  If the gift or
106.31 	contribution is designated by the donor for a certain
106.32 	institution or purpose, the commissioner of human services shall
106.33 	expend or use the same as nearly as may be in accordance with
106.34 	the conditions of the gift or contribution, compatible with the
106.35 	best interests of the inmates and the state.  The commissioner
106.36 	of human services is hereby constituted the "state agency" as
107.1 	defined by the Social Security Act of the United States and the
107.2 	laws of this state for all purposes relating to mental health
107.3 	and mental hygiene.
107.4 	For the purpose of carrying out these duties, the
107.5 	commissioner of human services shall accept from wards with
107.6 	mental retardation for whom the commissioner is specifically
107.7 	appointed guardian a signed application for consent to the
107.8 	marriage of said ward.  Upon receipt of such application the
107.9 	commissioner shall promptly conduct such investigation as the
107.10 	commissioner deems proper and determine if the contemplated
107.11 	marriage is for the best interest of the ward and the public.  A
107.12 	signed copy of the commissioner's determination shall be mailed
107.13 	to the ward and to the court administrator of the district court
107.14 	of the county where the application for such marriage license
107.15 	was made.
107.16 	There is hereby appropriated to such persons or
107.17 	institutions as are entitled to such sums as are provided for in
107.18 	this section, from the fund or account in the state treasury to
107.19 	which the money was credited, an amount sufficient to make such
107.20 	payment.

107.21 	Sec. 8. Minnesota Statutes 2004, section 252A.03,
107.22 	subdivision 1, is amended to read:
107.23 		Subdivision 1.Nomination of guardian or conservator.
 107.24 	The commissioner may be nominated in a sworn written request by
107.25 	any one of the following to act as guardian ~~or conservator~~ for
107.26 	any mentally retarded person or conservator of the person's
107.27 	estate:
107.28 	(a) An interested person;
107.29 	(b) The guardian ~~or conservator of the person~~ of the
107.30 	mentally retarded person or the conservator of the person's
107.31 	estate to act as successor;
107.32 	(c) The mentally retarded person.

107.33 	Sec. 9. Minnesota Statutes 2004, section 252A.03,
107.34 	subdivision 4, is amended to read:
107.35 		Subd. 4.Alternatives.  Public guardianship or
107.36 	conservatorship may be imposed only when no acceptable, less
108.1 	restrictive form of guardianship or conservatorship is
108.2 	available.  The commissioner shall seek parents, near relatives,
108.3 	and other interested persons to assume ~~private~~ guardianship for
108.4 	persons with developmental disabilities who are currently under
108.5 	public guardianship.  If a person seeks to become a ~~private~~ 
108.6 	guardian or conservator, costs to the person may be reimbursed
108.7 	under section ~~525.703, subdivision 3, paragraph (b)~~ 524.5-502.
108.8 	The commissioner must provide technical assistance to parents,
108.9 	near relatives, and interested persons seeking to become ~~private~~ 
108.10 	guardians or conservators.

108.11 	Sec. 10. Minnesota Statutes 2004, section 252A.101,
108.12 	subdivision 1, is amended to read:
108.13 		Subdivision 1.General.  Except as otherwise provided in
108.14 	this section, ~~section 525.551, subdivisions 1 to 4,~~sections
108.15 	524.5-101 to 524.5-502apply to public guardianship hearings.

108.16 	Sec. 11. Minnesota Statutes 2004, section 252A.101,
108.17 	subdivision 5, is amended to read:
108.18 		Subd. 5.Findings.  (a) In all cases the court shall make
108.19 	specific written findings of fact, conclusions of law, and
108.20 	direct entry of an appropriate judgment or order.  The court
108.21 	shall order the appointment of the commissioner as guardian or
108.22 	conservator if it finds that:
108.23 	(1) the proposed ward or conservatee is a mentally retarded
108.24 	person as defined in section 252A.02, subdivision 2;
108.25 	(2) the proposed ward or conservatee is incapable of
108.26 	exercising specific legal rights, which must be enumerated in
108.27 	its findings;
108.28 	(3) the proposed ward or conservatee is in need of the
108.29 	supervision and protection of a guardian or conservator; and
108.30 	(4) no appropriate alternatives to public guardianship or
108.31 	public conservatorship exist that are less restrictive of the
108.32 	person's civil rights and liberties, such as appointing a
108.33 	guardian or conservator under sections ~~525.539~~ 524.5-101 to
108.34 	~~525.705~~ 524.5-502.
108.35 	(b) The court shall grant the specific powers that are
108.36 	necessary for the commissioner to act as public guardian or
109.1 	conservator on behalf of the ward or conservatee.

109.2 	Sec. 12. Minnesota Statutes 2004, section 253B.23,
109.3 	subdivision 2, is amended to read:
109.4 		Subd. 2.Legal results of commitment status.  (a) Except
109.5 	as otherwise provided in this chapter and in sections 246.15 and
109.6 	246.16, no person by reason of commitment or treatment pursuant
109.7 	to this chapter shall be deprived of any legal right, including
109.8 	but not limited to the right to dispose of property, sue and be
109.9 	sued, execute instruments, make purchases, enter into
109.10 	contractual relationships, vote, and hold a driver's license.
109.11 	Commitment or treatment of any patient pursuant to this chapter
109.12 	is not a judicial determination of legal incompetency except to
109.13 	the extent provided in section 253B.03, subdivision 6.
109.14 	(b) Proceedings for determination of legal incompetency and
109.15 	the appointment of a guardian for a person subject to commitment
109.16 	under this chapter may be commenced before, during, or after
109.17 	commitment proceedings have been instituted and may be conducted
109.18 	jointly with the commitment proceedings.  The court shall notify
109.19 	the head of the treatment facility to which the patient is
109.20 	committed of a finding that the patient is incompetent.
109.21 	(c) Where the person to be committed is a minor or owns
109.22 	property of value and it appears to the court that the person is
109.23 	not competent to manage a personal estate, the court shall
109.24 	appoint a general or special guardian ~~or conservator of the~~
109.25 	~~person's estate~~ for the person or a conservator of the person's
109.26 	estate as provided by law.

109.27 	Sec. 13. Minnesota Statutes 2004, section 256.93,
109.28 	subdivision 1, is amended to read:
109.29 		Subdivision 1.Limitations.  In any case where the
109.30 	guardianship ~~of the person~~ of any mentally retarded,
109.31 	handicapped, dependent, neglected or delinquent child, or a
109.32 	child born to a mother who was not married to the child's father
109.33 	when the child was conceived nor when the child was born, has
109.34 	been committed to the commissioner of human services, and in any
109.35 	case where the guardianship ~~or conservatorship of the person~~ of
109.36 	any person with mental retardation or conservatorship of the
110.1 	person's estate has been committed to the commissioner of human
110.2 	services, the court having jurisdiction of the estate may on
110.3 	such notice as the court may direct, authorize the commissioner
110.4 	to take possession of the personal property in the estate,
110.5 	liquidate it, and hold the proceeds in trust for the ward, to be
110.6 	invested, expended and accounted for as provided by sections
110.7 	256.88 to 256.92.

110.8 	Sec. 14. Minnesota Statutes 2004, section 257B.08, is
110.9 	amended to read:
110.10 	257B.08 CONFLICTING DOCUMENTS.
110.11 	If a parent has appointed a testamentary guardian ~~of the~~
110.12 	~~person or estate~~ of children by will under chapter 529 and there
110.13 	is a conflict between the designation in the will and a duly
110.14 	executed standby custodian designation, the document latest in
110.15 	date of execution prevails.

110.16 	Sec. 15. Minnesota Statutes 2004, section 259.21,
110.17 	subdivision 4, is amended to read:
110.18 		Subd. 4.Guardian.  "Guardian" means a guardian ~~of the~~
110.19 	~~person~~ of the ward appointed by a court of competent
110.20 	jurisdiction.

110.21 	Sec. 16. Minnesota Statutes 2004, section 260C.101,
110.22 	subdivision 2, is amended to read:
110.23 		Subd. 2.Jurisdiction over other matters relating to
110.24 	children.  Except as provided in clause (d), the juvenile court
110.25 	has original and exclusive jurisdiction in proceedings
110.26 	concerning:
110.27 	(a) The termination of parental rights to a child in
110.28 	accordance with the provisions of sections 260C.301 to 260C.328.
110.29 	(b) The appointment and removal of a juvenile court
110.30 	guardian ~~of the person~~ for a child, where parental rights have
110.31 	been terminated under the provisions of sections 260C.301 to
110.32 	260C.328.
110.33 	(c) Judicial consent to the marriage of a child when
110.34 	required by law.
110.35 	(d) The juvenile court in those counties in which the judge
110.36 	of the probate-juvenile court has been admitted to the practice
111.1 	of law in this state shall proceed under the laws relating to
111.2 	adoptions in all adoption matters.  In those counties in which
111.3 	the judge of the probate-juvenile court has not been admitted to
111.4 	the practice of law in this state the district court shall
111.5 	proceed under the laws relating to adoptions in all adoption
111.6 	matters.
111.7 	(e) The review of the foster care status of a child who has
111.8 	been placed in a residential facility, as defined in section
111.9 	260C.212, subdivision 1, pursuant to a voluntary release by the
111.10 	child's parent or parents.

111.11 	Sec. 17. Minnesota Statutes 2004, section 302A.011,
111.12 	subdivision 16, is amended to read:
111.13 		Subd. 16.Legal representative.  "Legal representative"
111.14 	means a person empowered to act for another person, including,
111.15 	but not limited to, an agent, officer, partner, or associate of,
111.16 	an organization; a trustee of a trust; a personal
111.17 	representative; an executor of a will; an administrator of an
111.18 	estate; a trustee in bankruptcy; and a receiver, guardian,
111.19 	custodian, or conservator of ~~the~~ a person or ~~estate of a~~
111.20 	~~person~~ a person's estate.

111.21 	Sec. 18. Minnesota Statutes 2004, section 303.03, is
111.22 	amended to read:
111.23 	303.03 FOREIGN CORPORATIONS MUST HAVE CERTIFICATE OF
111.24 	AUTHORITY.
111.25 	No foreign corporation shall transact business in this
111.26 	state unless it holds a certificate of authority so to do; and
111.27 	no foreign corporation whose certificate of authority has been
111.28 	revoked or canceled pursuant to the provisions of this chapter
111.29 	shall be entitled to obtain a certificate of authority except in
111.30 	accordance with the provisions of section 303.19.  This section
111.31 	does not establish standards for those activities that may
111.32 	subject a foreign corporation to taxation under section 290.015
111.33 	and to the reporting requirements of section 290.371.  Without
111.34 	excluding other activities which may not constitute transacting
111.35 	business in this state, and subject to the provisions of
111.36 	sections 5.25 and 543.19, a foreign corporation shall not be
112.1 	considered to be transacting business in this state for the
112.2 	purposes of this chapter solely by reason of carrying on in this
112.3 	state any one or more of the following activities:
112.4 	(a) maintaining or defending any action or suit or any
112.5 	administrative or arbitration proceeding, or effecting the
112.6 	settlement thereof or the settlement of claims or disputes;
112.7 	(b) holding meetings of its directors or shareholders or
112.8 	carrying on other activities concerning its internal affairs;
112.9 	(c) maintaining bank accounts;
112.10 	(d) maintaining offices or agencies for the transfer,
112.11 	exchange, and registration of its securities, or appointing and
112.12 	maintaining trustees or depositaries with relation to its
112.13 	securities;
112.14 	(e) holding title to and managing real or personal
112.15 	property, or any interest therein, situated in this state, as
112.16 	executor of the will or administrator of the estate of any
112.17 	decedent, as trustee of any trust, or as guardian ~~or conservator~~
112.18 	~~of the person or estate, or both,~~of any person or conservator
112.19 	of any person's estate;
112.20 	(f) making, participating in, or investing in loans or
112.21 	creating, as borrower or lender, or otherwise acquiring
112.22 	indebtedness or mortgages or other security interests in real or
112.23 	personal property;
112.24 	(g) securing or collecting its debts or enforcing any
112.25 	rights in property securing them; or
112.26 	(h) conducting an isolated transaction completed within a
112.27 	period of 30 days and not in the course of a number of repeated
112.28 	transactions of like nature.

112.29 	Sec. 19. Minnesota Statutes 2004, section 303.25,
112.30 	subdivision 1, is amended to read:
112.31 		Subdivision 1.Appointments.  Any foreign trust
112.32 	association may accept appointment and act as executor of the
112.33 	will or administrator of the estate of any decedent who was a
112.34 	resident of this state at the time of death, as trustee of any
112.35 	trust created by a resident of this state by will or otherwise,
112.36 	and as guardian ~~or conservator of the person or estate, or both,~~
113.1 	of any resident of this state or conservator of the resident's
113.2 	estate,if banking or trust associations or corporations
113.3 	organized under the laws of this state or national banking
113.4 	associations maintaining their principal offices in this state
113.5 	are permitted to act as executors, administrators, trustees,
113.6 	guardians, or conservators in the state in which the foreign
113.7 	trust association maintains its principal office.  Any foreign
113.8 	trust association may accept appointment and act as executor of
113.9 	the will or administrator of the estate of a decedent, who was a
113.10 	resident of the state in which the foreign trust association
113.11 	maintains its principal office at the time of death, in
113.12 	ancillary probate proceedings in this state, as trustee of any
113.13 	trust created by the decedent by will or otherwise of property
113.14 	situated in this state, and as guardian or conservator in
113.15 	ancillary proceedings in this state with respect to the property
113.16 	of a resident of the other state if banking or trust
113.17 	associations or corporations organized under the laws of this
113.18 	state and national banking associations maintaining their
113.19 	principal offices in this state are permitted to act as
113.20 	executors, administrators, trustees, guardians, or conservators
113.21 	in the state in which the foreign trust association maintains
113.22 	its principal office.

113.23 	Sec. 20. Minnesota Statutes 2004, section 322B.03,
113.24 	subdivision 27, is amended to read:
113.25 		Subd. 27.Legal representative.  "Legal representative"
113.26 	means a person empowered to act for another person, including,
113.27 	but not limited to, an agent, manager, partner, or associate, of
113.28 	an organization; a trustee of a trust; a personal
113.29 	representative; an executor of a will; an administrator of an
113.30 	estate; a trustee in bankruptcy; and a receiver, guardian,
113.31 	custodian, or conservator of ~~the~~ a person or ~~estate of a person~~ 
113.32 	a person's estate.

113.33 	Sec. 21. Minnesota Statutes 2004, section 501B.18, is
113.34 	amended to read:
113.35 	501B.18 ORDER FOR HEARING.
113.36 	Upon the filing of a petition under section 501B.16, the
114.1 	court shall, by order, fix a time and place for a hearing,
114.2 	unless notice and hearing have been waived in writing by the
114.3 	beneficiaries of the trust then in being.  Unless waived, notice
114.4 	of the hearing must be given as follows:  (1) by publishing, at
114.5 	least 20 days before the date of the hearing, a copy of the
114.6 	order for hearing one time in a legal newspaper for the county
114.7 	in which the petition is filed; and (2) by mailing, at least 15
114.8 	days before the date of the hearing, a copy of the order for
114.9 	hearing to those beneficiaries of the trust who are known to or
114.10 	reasonably ascertainable by the petitioner.  In the case of a
114.11 	beneficiary who is a minor or an incapacitated person as defined
114.12 	in section ~~525.54~~ 524.5-102 and for whom a conservator,
114.13 	guardian, or guardian ad litem known to the petitioner has been
114.14 	appointed, notice must be mailed to that fiduciary.  Notice may
114.15 	be given in any other manner the court orders.

114.16 	Sec. 22. Minnesota Statutes 2004, section 501B.19, is
114.17 	amended to read:
114.18 	501B.19 REPRESENTATION OF PERSONS WHO ARE UNBORN,
114.19 	UNASCERTAINED, UNKNOWN, OR MINORS OR INCAPACITATED PERSONS.
114.20 	If an interested person is a minor or an incapacitated
114.21 	person as defined in section ~~525.54~~ 524.5-102 and has no
114.22 	guardian or conservator within the state, or if an interested
114.23 	person is unborn, unascertained, or a person whose identity or
114.24 	address is unknown to the petitioner, the court shall represent
114.25 	that person, unless the court, upon the application of the
114.26 	trustee or any other interested person, appoints a guardian ad
114.27 	litem to represent the person.

114.28 	Sec. 23. Minnesota Statutes 2004, section 525.9212, is
114.29 	amended to read:
114.30 	525.9212 MAKING, REVOKING, AND OBJECTING TO ANATOMICAL
114.31 	GIFTS, BY OTHERS.
114.32 	(a) Any member of the following classes of persons, in the
114.33 	order of priority listed, may make an anatomical gift of all or
114.34 	a part of the decedent's body for an authorized purpose, unless
114.35 	the decedent has made a refusal to make that anatomical gift
114.36 	that is unrevoked at the time of death:
115.1 	(1) the spouse of the decedent;
115.2 	(2) an adult son or daughter of the decedent;
115.3 	(3) either parent of the decedent;
115.4 	(4) an adult brother or sister of the decedent;
115.5 	(5) a grandparent of the decedent; and
115.6 	(6) a guardian ~~or conservator of the person~~ of the decedent
115.7 	at the time of death or a health care agent or proxy appointed
115.8 	by the decedent under a health care directive as defined in
115.9 	section 145C.01, a living will under chapter 145B, or other
115.10 	similar document executed in another state and enforceable under
115.11 	the laws of this state.
115.12 	(b) An anatomical gift may not be made by a person listed
115.13 	in paragraph (a) if:
115.14 	(1) a person in a prior class is available at the time of
115.15 	death to make an anatomical gift;
115.16 	(2) the person proposing to make an anatomical gift knows
115.17 	of a refusal or contrary indications by the decedent; or
115.18 	(3) the person proposing to make an anatomical gift knows
115.19 	of an objection to making an anatomical gift by a member of the
115.20 	person's class or a prior class.
115.21 	(c) An anatomical gift by a person authorized under
115.22 	paragraph (a) must be made by (i) a document of gift signed by
115.23 	the person, or (ii) the person's telegraphic, recorded
115.24 	telephonic, or other recorded message, or other form of
115.25 	communication from the person that is contemporaneously reduced
115.26 	to writing and signed by the recipient.
115.27 	(d) An anatomical gift by a person authorized under
115.28 	paragraph (a) may be revoked by any member of the same or a
115.29 	prior class if, before procedures have begun for the removal of
115.30 	a part from the body of the decedent, the physician, surgeon,
115.31 	technician, or enucleator removing the part knows of the
115.32 	revocation.
115.33 	(e) A failure to make a decision as to an anatomical gift
115.34 	under paragraph (a) is not an objection to the making of an
115.35 	anatomical gift.

115.36 	Sec. 24. Minnesota Statutes 2004, section 525.95,
116.1 	subdivision 1, is amended to read:
116.2 		Subdivision 1.Definitions.  The definitions in this
116.3 	subdivision apply to this section.
116.4 	(a) "War service" includes the following, during a period
116.5 	when the United States is engaged in war or other major military
116.6 	engagement with a foreign nation:
116.7 	(1) active membership in the military forces of the United
116.8 	States or any of its allies;
116.9 	(2) acceptance for membership in the military forces of the
116.10 	United States or any of its allies and awaiting induction into
116.11 	that service;
116.12 	(3) participation in work abroad in connection with a
116.13 	governmental agency of the United States or any of its allies,
116.14 	with the Red Cross, or with a similar service;
116.15 	(4) internment by an enemy or absence from the United
116.16 	States and inability to return; and
116.17 	(5) service arising out of or in connection with the war or
116.18 	other major military engagement, which in the opinion of the
116.19 	court prevents the fiduciary from giving the proper attention to
116.20 	duties.
116.21 	(b) "Fiduciary" refers to a trustee of a testamentary trust
116.22 	or of an express trust, a guardian of a person or conservator ~~of~~
116.23 	~~the person or estate~~ of a ~~person~~ person's estate, an executor of
116.24 	a will, an administrator of the estate of the decedent, a
116.25 	custodian under the Minnesota Uniform Transfers to Minors Act,
116.26 	or an advisor or consultant in a testamentary or express trust.

116.27 	Sec. 25. Minnesota Statutes 2004, section 527.38, is
116.28 	amended to read:
116.29 	527.38 RENUNCIATION, RESIGNATION, DEATH, OR REMOVAL OF
116.30 	CUSTODIAN; DESIGNATION OF SUCCESSOR CUSTODIAN.
116.31 	(a) A person nominated under section 527.23 or designated
116.32 	under section 527.29 as custodian may decline to serve by
116.33 	delivering a valid disclaimer to the person who made the
116.34 	nomination or to the transferor or the transferor's legal
116.35 	representative.  If the event giving rise to a transfer has not
116.36 	occurred and no substitute custodian able, willing, and eligible
117.1 	to serve was nominated under section 527.23, the person who made
117.2 	the nomination may nominate a substitute custodian under section
117.3 	527.23; otherwise the transferor or the transferor's legal
117.4 	representative shall designate a substitute custodian at the
117.5 	time of the transfer, in either case from among the persons
117.6 	eligible to serve as custodian for that kind of property under
117.7 	section 527.29, paragraph (a).  The custodian so designated has
117.8 	the rights of a successor custodian.
117.9 	(b) A custodian at any time may designate a trust company
117.10 	or an adult other than a transferor under section 527.24 as
117.11 	successor custodian by executing and dating an instrument of
117.12 	designation before a subscribing witness other than the
117.13 	successor.  If the instrument of designation does not contain or
117.14 	is not accompanied by the resignation of the custodian, the
117.15 	designation of the successor does not take effect until the
117.16 	custodian resigns, dies, becomes incapacitated, or is removed.
117.17 	(c) A custodian may resign at any time by delivering
117.18 	written notice to the minor if the minor has attained the age of
117.19 	14 years and to the successor custodian and by delivering the
117.20 	custodial property to the successor custodian.
117.21 	(d) If a custodian is ineligible, dies, or becomes
117.22 	incapacitated without having effectively designated a successor
117.23 	and the minor has attained the age of 14 years, the minor may
117.24 	designate as successor custodian, in the manner prescribed in
117.25 	paragraph (b), an adult member of the minor's family, a
117.26 	conservator of the minor, or a trust company.  If the minor has
117.27 	not attained the age of 14 years or fails to act within 60 days
117.28 	after the ineligibility, death, or incapacity, the conservator
117.29 	of the minor becomes successor custodian.  If the minor has no
117.30 	conservator or the conservator declines to act, the transferor,
117.31 	the legal representative of the transferor or of the custodian,
117.32 	an adult member of the minor's family, or any other interested
117.33 	person may petition the court to designate a successor custodian.
117.34 	(e) A custodian who declines to serve under paragraph (a)
117.35 	or resigns under paragraph (c), or the legal representative of a
117.36 	deceased or incapacitated custodian, as soon as practicable,
118.1 	shall put the custodial property and records in the possession
118.2 	and control of the successor custodian.  The successor custodian
118.3 	by action may enforce the obligation to deliver custodial
118.4 	property and records and becomes responsible for each item as
118.5 	received.
118.6 	(f) A transferor, the legal representative of a transferor,
118.7 	an adult member of the minor's family, a guardian ~~of the person~~ 
118.8 	of the minor, the conservator of the ~~minor~~ minor's estate, or
118.9 	the minor if the minor has attained the age of 14 years may
118.10 	petition the court to remove the custodian for cause and to
118.11 	designate a successor custodian other than a transferor under
118.12 	section 527.24 or to require the custodian to give appropriate
118.13 	bond.

118.14 	Sec. 26. Minnesota Statutes 2004, section 527.39, is
118.15 	amended to read:
118.16 	527.39 ACCOUNTING BY AND DETERMINATION OF LIABILITY OF
118.17 	CUSTODIAN.
118.18 	(a) A minor who has attained the age of 14 years, the
118.19 	minor's guardian ~~of the person~~ or legal representative, an adult
118.20 	member of the minor's family, a transferor, or a transferor's
118.21 	legal representative may petition the court (i) for an
118.22 	accounting by the custodian or the custodian's legal
118.23 	representative; or (ii) for a determination of responsibility,
118.24 	as between the custodial property and the custodian personally,
118.25 	for claims against the custodial property unless the
118.26 	responsibility has been adjudicated in an action under section
118.27 	527.37 to which the minor or the minor's legal representative
118.28 	was a party.
118.29 	(b) A successor custodian may petition the court for an
118.30 	accounting by the predecessor custodian.
118.31 	(c) The court, in a proceeding under this chapter or in any
118.32 	other proceeding, may require or permit the custodian or the
118.33 	custodian's legal representative to account.
118.34 	(d) If a custodian is removed under section 527.38,
118.35 	paragraph (f), the court shall require an accounting and order
118.36 	delivery of the custodial property and records to the successor
119.1 	custodian and the execution of all instruments required for
119.2 	transfer of the custodial property.

119.3 	Sec. 27. Minnesota Statutes 2004, section 529.12, is
119.4 	amended to read:
119.5 	529.12 DECLINATION, RESIGNATION, INCAPACITY, DEATH, OR
119.6 	REMOVAL OF CUSTODIAL TRUSTEE; DESIGNATION OF SUCCESSOR CUSTODIAL
119.7 	TRUSTEE.
119.8 	(a) Before accepting the custodial trust property, a person
119.9 	designated as custodial trustee may decline to serve by
119.10 	notifying the person who made the designation, the transferor,
119.11 	or the transferor's legal representative.  If an event giving
119.12 	rise to a transfer has not occurred, the substitute custodial
119.13 	trustee designated under section 529.03 becomes the custodial
119.14 	trustee, or, if a substitute custodial trustee has not been
119.15 	designated, the person who made the designation may designate a
119.16 	substitute custodial trustee pursuant to section 529.03.  In
119.17 	other cases, the transferor or the transferor's legal
119.18 	representative may designate a substitute custodial trustee.
119.19 	(b) A custodial trustee who has accepted the custodial
119.20 	trust property may resign by (i) delivering written notice to a
119.21 	successor custodial trustee, if any, the beneficiary and, if the
119.22 	beneficiary is incapacitated, to the beneficiary's conservator,
119.23 	if any, and (ii) transferring or registering, or recording an
119.24 	appropriate instrument relating to, the custodial trust
119.25 	property, in the name of, and delivering the records to, the
119.26 	successor custodial trustee identified under subsection (c).
119.27 	(c) If a custodial trustee or successor custodial trustee
119.28 	is ineligible, resigns, dies, or becomes incapacitated, the
119.29 	successor designated under section 529.02, subsection (g), or
119.30 	529.03 becomes custodial trustee.  If there is no effective
119.31 	provision for a successor, the beneficiary, if not
119.32 	incapacitated, or the holder of the beneficiary's power of
119.33 	attorney, may designate a successor custodial trustee.
119.34 	(d) If a successor custodial trustee is not designated
119.35 	pursuant to subsection (c), the transferor, the legal
119.36 	representative of the transferor or of the custodial trustee, an
120.1 	adult member of the beneficiary's family, the conservator of the
120.2 	beneficiary, a person interested in the custodial trust
120.3 	property, or a person interested in the welfare of the
120.4 	beneficiary, may petition the court to designate a successor
120.5 	custodial trustee in accordance with the procedures set forth in
120.6 	sections 501B.16 to 501B.25.
120.7 	(e) A custodial trustee who declines to serve or resigns,
120.8 	or the legal representative of a deceased or incapacitated
120.9 	custodial trustee, as soon as practicable, shall put the
120.10 	custodial trust property and records in the possession and
120.11 	control of the successor custodial trustee.  The successor
120.12 	custodial trustee may enforce the obligation to deliver
120.13 	custodial trust property and records and becomes responsible for
120.14 	each item as received.
120.15 	(f) A beneficiary, the beneficiary's conservator, an adult
120.16 	member of the beneficiary's family, a guardian ~~of the person~~ of
120.17 	the beneficiary, a person interested in the custodial trust
120.18 	property, or a person interested in the welfare of the
120.19 	beneficiary, may petition the court to remove the custodial
120.20 	trustee for cause and designate a successor custodial trustee,
120.21 	to require the custodial trustee to furnish a bond or other
120.22 	security for the faithful performance of fiduciary duties, or
120.23 	for other appropriate relief.

120.24 	Sec. 28. Minnesota Statutes 2004, section 540.18,
120.25 	subdivision 1, is amended to read:
120.26 		Subdivision 1.Liability rule.  The parent or guardian ~~of~~
120.27 	~~the person~~ of a minor who is under the age of 18 and who is
120.28 	living with the parent or guardian and who willfully or
120.29 	maliciously causes injury to any person or damage to any
120.30 	property is jointly and severally liable with such minor for
120.31 	such injury or damage to an amount not exceeding $1,000, if such
120.32 	minor would have been liable for such injury or damage if the
120.33 	minor had been an adult. Nothing in this subdivision shall be
120.34 	construed to relieve such minor from personal liability for such
120.35 	injury or damage.  The liability provided in this subdivision is
120.36 	in addition to and not in lieu of any other liability which may
121.1 	exist at law.  Recovery under this section shall be limited to
121.2 	special damages.

121.3 	Sec. 29. REVISOR'S INSTRUCTION.
 121.4 	The Revisor of Statutes shall change the references to
121.5 	Minnesota Statutes in the following Minnesota Rules parts from
121.6 	the repealed section number in column A to the current section
121.7 	number in column B.
121.8 	Column A Column B 
121.9 	Minnesota Rules Part Obsolete Reference Current Reference 
121.10 	3400.0020,525.615; 525.6165524.5-201;
121.11 	subp. 31b 524.5-202;
121.12 	524.5-204
121.13 	9520.0902, subp. 26 525.619 524.5-207;
121.14 	524.5-209
121.15 	9525.0004, subp. 17 524.5-505 524.5-211 
121.16 	9525.3020, subp. 3 525.54,524.5-302;
121.17 	                      subd. 3 524.5-303;
121.18 	524.5-403
121.19 	9525.3025, subp. 7 525.55 524.5-113;
121.20 	524.5-303;
121.21 	524.5-304;
121.22 	524.5-308;
121.23 	524.5-404
121.24 	9525.3030 525.56 524.5-313;
121.25 	524.5-417;
121.26 	524.5-418
121.27 	9525.3040, subp. 1 525.56,524.5-313,
121.28 	                      subds. 1 to 3 paragraphs (a) to (c) 
121.29 	9525.3060, subp. 1 525.56, subd. 3 524.5-313,
121.30 	                                          paragraph (c) 
121.31 	9525.3060, subp. 1 525.56, subd. 3,524.5-313,
121.32 	                      clause (4),paragraph (c),
121.33 	                      paragraph (b) clause (4), item (ii) 
121.34 	9525.3060, subp. 2 525.56, subd. 3,524.5-313,
121.35 	                      clause (4),paragraph (c),
121.36 	                      paragraph (c) clause (4), item (iii) 
121.37 	9525.3060, subp. 4 525.56, subd. 3,524.5-313,
121.38 	                      clause (4),paragraph (c),
121.39 	                      paragraph (a) clause (4), item (i) 
121.40 	9525.3075, subp. 3 525.57 524.5-107;
121.41 	524.5-433
121.42 	9525.3090, subp. 3 525.60 524.5-112;
121.43 	524.5-317;
121.44 	524.5-428;
121.45 	524.5-431
121.46 	9525.0925, subp. 22 525.619 524.5-207;
121.47 	524.5-209
121.48 	9555.5105, subp. 20 525.539 to 524.5-101 to
122.1 	525.6198524.5-502 
122.2 	9555.7600 525.539 to 524.5-101 to
122.3 	525.6198524.5-502 

122.4 	ARTICLE 5
122.5 	RETIREMENT PROVISIONS

122.6 	Section 1. Minnesota Statutes 2004, section 353.01,
122.7 	subdivision 2, is amended to read:
122.8 		Subd. 2.Public employee.  "Public employee" means a
122.9 	governmental employee performing personal services for a
122.10 	governmental subdivision defined in subdivision 6, whose salary
122.11 	is paid, in whole or in part, from revenue derived from
122.12 	taxation, fees, assessments, or from other sources.  The term
122.13 	includes the classes of persons described or listed in
122.14 	subdivision 2a.  The term also includes persons who elect
122.15 	association membership under subdivision 2d, paragraph (a), and
122.16 	persons for whom the applicable governmental subdivision had
122.17 	elected association membership under subdivision 2d, paragraph
122.18 	(b). The term also includes full-time employees of the Dakota
122.19 	County Agricultural Society.The term excludes the classes of
122.20 	persons listed in subdivision 2b for purposes of membership in
122.21 	the association.

122.22 	Sec. 2. Minnesota Statutes 2004, section 353.34,
122.23 	subdivision 3a, is amended to read:
122.24 		Subd. 3a.Deferred annuity; certain hospital employees.
 122.25 	Any member employed by a public hospital, as defined in
122.26 	section ~~355.71~~ 355.01, subdivision ~~3~~ 3k, who has at least three
122.27 	years of allowable service credit on the date the public
122.28 	hospital is taken over by a private corporation or organization,
122.29 	may elect to receive a deferred annuity pursuant to subdivision
122.30 	3 notwithstanding the length of service requirement contained
122.31 	therein.

122.32 	Sec. 3. Minnesota Statutes 2004, section 356.431,
122.33 	subdivision 1, is amended to read:
122.34 		Subdivision 1.Lump-sum postretirement payment
122.35 	conversion.  For benefits paid after December 31, 2001, to
122.36 	eligible persons under sections 356.42 and 356.43, the amount of
123.1 	the most recent lump-sum benefit payable to an eligible
123.2 	recipient under sections ~~356.86~~ 356.42 and ~~356.865~~ 356.43 must
123.3 	be divided by 12.  The result must be added to the monthly
123.4 	annuity or benefit otherwise payable to an eligible recipient,
123.5 	must become a permanent part of the benefit recipient's pension,
123.6 	and must be included in any pension benefit subject to future
123.7 	increases.

123.8 	Sec. 4. INSTRUCTION TO REVISOR.
 123.9 	The revisor of statutes shall replace the references to
123.10 	Minnesota Statutes, section 356.55 with Minnesota Statutes,
123.11 	section 356.551 in the following sections of Minnesota
123.12 	Statutes:  352.275, subdivision 1; 352B.01, subdivision 3a;
123.13 	353.01, subdivision 16a; 353.666; and 354.533.

123.14 	Sec. 5. REPEALER.
 123.15 	Laws 2001, First Special Session chapter 10, article 10,
123.16 	section 1, is repealed.