1.1 	A bill for an act
1.2 	relating to legislation; correcting erroneous, ambiguous, and omitted text 
1.3 	and obsolete references; eliminating redundant, conflicting, and superseded 
1.4 	provisions; making miscellaneous technical corrections to laws and statutes;
1.5 	amending Minnesota Statutes 2008, sections 3.7393, subdivision 12; 12A.05, 
1.6 	subdivision 3; 13.321, subdivision 10; 13.411, subdivision 5; 13.861, subdivision 
1.7 	2; 16B.24, subdivision 5; 16D.11, subdivision 7; 53C.01, subdivision 12a; 
1.8 	84.797, subdivision 6; 84.803, subdivision 2; 84.8045; 115A.932, subdivision 
1.9 	1; 116.155, subdivision 3; 125A.64, subdivision 6; 126C.55, subdivision 6; 
1.10 	128D.03, subdivision 2; 129C.10, subdivision 8; 136F.61; 168.002, subdivision 
1.11 	13; 168.013, subdivision 1; 169.67, subdivision 1; 190.025, subdivision 3; 
1.12 	214.04, subdivision 1; 216B.1691, subdivision 1; 245A.18, subdivision 2; 
1.13 	256L.04, subdivision 1; 260C.301, subdivision 1; 270.41, subdivision 5; 
1.14 	273.1115, subdivisions 1, 3; 273.124, subdivision 11; 290.0921, subdivision 3a; 
1.15 	297A.61, subdivision 3; 309.72; 325F.675, subdivision 6; 325F.732, subdivision 
1.16 	2; 332.37; 332.40, subdivision 2; 332.52, subdivision 3; 374.02; 469.154, 
1.17 	subdivision 3; 473.599, subdivision 8; 490.133; 507.071, subdivision 16; 
1.18 	515B.1-102; Minnesota Statutes 2009 Supplement, sections 16A.126, subdivision 
1.19 	1; 16C.138, subdivision 2; 47.60, subdivisions 4, 6; 53.09, subdivision 2; 
1.20 	69.772, subdivision 6; 116J.401, subdivision 2; 120B.30, subdivisions 1, 2; 
1.21 	122A.60, subdivision 2; 124D.10, subdivisions 3, 8, 14, 15, 23, 25; 152.025; 
1.22 	168.33, subdivision 7; 169.011, subdivision 71; 169.865, subdivision 1; 176.135, 
1.23 	subdivision 8; 246B.06, subdivision 7; 256.969, subdivision 3b; 256B.0659, 
1.24 	subdivision 3; 256B.5012, subdivision 8; 260C.212, subdivision 7; 270.97; 
1.25 	270C.445, subdivision 7; 299A.61, subdivision 1; 332B.07, subdivisions 1, 
1.26 	4; 332B.09, subdivision 3; 424A.02, subdivision 10; 524.5-701; 571.914, 
1.27 	subdivision 4; 626.557, subdivision 20; Laws 2009, chapter 78, article 8, section 
1.28 	22, subdivision 3; Laws 2009, chapter 79, article 10, section 48; Laws 2009, 
1.29 	chapter 88, article 5, section 17; Laws 2009, chapter 172, article 1, section 2, 
1.30 	subdivision 5; repealing Minnesota Statutes 2008, sections 13.6435, subdivision 
1.31 	9; 15.38, subdivision 5; 168.098; 256B.041, subdivision 5; 256D.03, subdivision 
1.32 	5; Laws 2005, First Special Session chapter 4, article 8, section 87; Laws 2006, 
1.33 	chapter 277, article 1, sections 1; 3; Laws 2008, chapter 287, article 1, section 
1.34 	104; Laws 2008, chapter 300, section 6; Laws 2009, chapter 78, article 4, section 
1.35 	41; Laws 2009, chapter 88, article 6, sections 14; 15; 16; Laws 2009, chapter 169, 
1.36 	article 10, section 32; Minnesota Rules, parts 9525.0750; 9525.0760; 9525.0770; 
1.37 	9525.0780; 9525.0790; 9525.0800; 9525.0810; 9525.0820; 9525.0830.
1.38 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.1 	Section 1. Minnesota Statutes 2008, section 3.7393, subdivision 12, is amended to read:
2.2 		Subd. 12.Supplemental payments. (a) For purposes of this subdivision, 
2.3 	"uncompensated medical expenses" means:
2.4 	(1) medical expenses less payments made to a survivor from collateral sources 
2.5 	referred to in section 548.36 548.251, subdivision 1, that provide payments for medical 
2.6 	expenses; and
2.7 	(2) the present value of premiums, deductibles, and coinsurance payments for 
2.8 	high-risk health plan coverage offered by the Minnesota Comprehensive Health 
2.9 	Association or by another similar health plan.
2.10 	(b) A survivor is eligible for a supplemental payment if the offer of settlement 
2.11 	calculation for the survivor, as provided in subdivision 10, exceeds $400,000. 
2.12 	The supplemental payment must be calculated based solely on that portion of the 
2.13 	uncompensated medical expenses, loss of income, future earning capacity, or other 
2.14 	financial support for which compensation was not received under the offer of settlement or 
2.15 	settlement agreement under subdivision 11. A supplemental payment may only be made 
2.16 	to a survivor who has accepted an offer of settlement, entered into a settlement agreement, 
2.17 	and executed a release under subdivision 13. Consistent with the requirements of this 
2.18 	section, the panel shall establish necessary procedures and timelines for the award of 
2.19 	supplemental payments. A supplemental payment may be made only for the following 
2.20 	purposes, in the following order of priority:
2.21 	(1) to pay uncompensated medical expenses in excess of those paid from the first 
2.22 	$400,000; and
2.23 	(2) to pay for loss of income, future earning capacity, or other financial support 
2.24 	not included in the first $400,000.
2.25 	No payment may be made to a survivor for loss of income under clause (2) unless 
2.26 	and until all survivors have been fully paid for all medical expenses for which they are 
2.27 	eligible under clause (1).
2.28 	(c) If the available appropriation is insufficient to make full awards to all survivors 
2.29 	eligible for a supplemental payment, the panel may award the payments based on a uniform 
2.30 	percentage of the amount that is less than the full amount eligible for a supplemental 
2.31 	payment or take other steps the panel considers necessary to ensure that the available 
2.32 	appropriation is equitably distributed among all survivors who have requested and qualify 
2.33 	for a supplemental payment, subject to the order of priority under this subdivision.

2.34 	Sec. 2. Minnesota Statutes 2008, section 12A.05, subdivision 3, is amended to read:
3.1 		Subd. 3. Waivers authorized. (a) The board may waive the provisions of 
3.2 	Minnesota Rules, chapter 8400, in the disaster area on land damaged by the disaster. The 
3.3 	waiver applies to all existing and future contracts to address critical conservation problems 
3.4 	resulting from the disaster that are funded in whole or in part with state money, to the 
3.5 	extent that combined federal and state funding does not exceed 100 percent. All existing 
3.6 	state cost-share grant agreements in the disaster area are extended, as provided in law. 
3.7 	(b) The payment maximums for improvements to the land under section 103F.515, 
3.8 	subdivision 6, paragraph (a), clause (1), are waived for easements acquired in the disaster 
3.9 	area on land damaged by the disaster. 

3.10 	Sec. 3. Minnesota Statutes 2008, section 13.321, subdivision 10, is amended to read:
3.11 		Subd. 10.Teacher data from value-added assessment model. Data on individual 
3.12 	teachers generated from a value-added assessment model are governed under section 
3.13 	120B.362 120B.35.

3.14 	Sec. 4. Minnesota Statutes 2008, section 13.411, subdivision 5, is amended to read:
3.15 		Subd. 5.Social workers. Residence addresses and telephone numbers of social 
3.16 	worker licensees are classified under chapter 148D section 148B.04, subdivision 6.

3.17 	Sec. 5. Minnesota Statutes 2008, section 13.861, subdivision 2, is amended to read:
3.18 		Subd. 2.Classification. Security service data that are similar to the data described 
3.19 	as request for service data and response or incident data in section 13.82, subdivisions 
3.20 	3 and 4 6, are public. If personnel of a security service make a citizen's arrest, then any 
3.21 	security service data that are similar to the data described as arrest data in section 13.82, 
3.22 	subdivision 2, are public. If a security service participates in but does not make an arrest it 
3.23 	shall, upon request, provide data that identify the arresting law enforcement agency. All 
3.24 	other security service data are security information pursuant to section 13.37.  

3.25 	Sec. 6. Minnesota Statutes 2009 Supplement, section 16A.126, subdivision 1, is 
3.26 	amended to read:
3.27 		Subdivision 1.Set rates. The commissioner shall approve the rates an agency must 
3.28 	pay to a revolving fund for services. Funds subject to this subdivision include, but are 
3.29 	not limited to, the revolving funds established in sections 4A.05;14.46; 14.53; 16B.48; 
3.30 	16B.54; 16B.58; 16B.85; 16C.03, subdivision 11; 16E.14; 43A.55; and 176.591; and the 
3.31 	fund established in section 43A.30.

4.1 	Sec. 7. Minnesota Statutes 2008, section 16B.24, subdivision 5, is amended to read:
4.2 		Subd. 5.Renting out state property. (a) Authority. The commissioner may rent 
4.3 	out state property, real or personal, that is not needed for public use, if the rental is not 
4.4 	otherwise provided for or prohibited by law. The property may not be rented out for 
4.5 	more than five years at a time without the approval of the State Executive Council and 
4.6 	may never be rented out for more than 25 years. A rental agreement may provide that 
4.7 	the state will reimburse a tenant for a portion of capital improvements that the tenant 
4.8 	makes to state real property if the state does not permit the tenant to renew the lease at 
4.9 	the end of the rental agreement. 
4.10 	(b)  Restrictions. Paragraph (a) does not apply to state trust fund lands, other state 
4.11 	lands under the jurisdiction of the Department of Natural Resources, lands forfeited for 
4.12 	delinquent taxes, lands acquired under section 298.22, or lands acquired under section 
4.13 	41.56 which are under the jurisdiction of the Department of Agriculture. 
4.14 	(c)  Rental of living accommodations. The commissioner shall establish rental rates 
4.15 	for all living accommodations provided by the state for its employees. Money collected as 
4.16 	rent by state agencies pursuant to this paragraph must be deposited in the state treasury 
4.17 	and credited to the general fund. 
4.18 	(d)  Lease of space in certain state buildings to state agencies. The commissioner 
4.19 	may lease portions of the state-owned buildings under the custodial control of the 
4.20 	commissioner to state agencies and the court administrator on behalf of the judicial branch 
4.21 	of state government and charge rent on the basis of space occupied. Notwithstanding any 
4.22 	law to the contrary, all money collected as rent pursuant to the terms of this section shall be 
4.23 	deposited in the state treasury. Money collected as rent to recover the bond interest costs 
4.24 	of a building funded from the state bond proceeds fund shall be credited to the general 
4.25 	fund. Money collected as rent to recover the depreciation costs of a building funded from 
4.26 	the state bond proceeds fund and money collected as rent to recover capital expenditures 
4.27 	from capital asset preservation and replacement appropriations and statewide building 
4.28 	access appropriations shall be credited to a segregated asset preservation and replacement 
4.29 	account in a special revenue fund. Fifty percent of the money credited to the account each 
4.30 	fiscal year must be transferred to the general fund. The remaining money in the account 
4.31 	is appropriated to the commissioner to be expended for asset preservation projects as 
4.32 	determined by the commissioner. Money collected as rent to recover the depreciation and 
4.33 	interest costs of a building built with other state dedicated funds shall be credited to the 
4.34 	dedicated fund which funded the original acquisition or construction. All other money 
4.35 	received shall be credited to the general services revolving fund. 
5.1 	(e) Lease of space in Andersen and Freeman buildings. The commissioner may 
5.2 	lease space in the Elmer L. Andersen and Orville L. Freeman buildings to state agencies 
5.3 	and charge rent on the basis of space occupied. Money collected as rent under this 
5.4 	paragraph to fund future building repairs must be credited to a segregated account for each 
5.5 	building in the special revenue fund and is appropriated to the commissioner to make 
5.6 	the repairs. When the state acquires title to each building, the account for that building 
5.7 	must be abolished and any balance remaining in the account must be transferred to the 
5.8 	appropriate asset preservation and replacement account created under paragraph (d).

5.9 	Sec. 8. Minnesota Statutes 2009 Supplement, section 16C.138, subdivision 2, is 
5.10 	amended to read:
5.11 		Subd. 2.Notice of state procurement policy in bid documents. All solicitation 
5.12 	documents for the purchase of a passenger automobile, as defined in section 168.011
5.13 	168.002, subdivision 7 24; pickup truck, as defined in section 168.011 168.002, 
5.14 	subdivision 29 26; or van, as defined in section 168.011 168.002, subdivision 28 40, 
5.15 	issued under the jurisdiction of the Department of Administration after June 30, 2006, 
5.16 	must contain the following language: "It is the intention of the state of Minnesota to begin 
5.17 	purchasing electric vehicles, plug-in hybrid electric vehicles, and neighborhood electric 
5.18 	vehicles as soon as they become commercially available, meet the state's performance 
5.19 	specifications, and are priced no more than ten percent above the price for comparable 
5.20 	gasoline-powered vehicles. It is the intention of the state to purchase electric vehicles, 
5.21 	plug-in hybrid electric vehicles, and neighborhood electric vehicles whenever practicable 
5.22 	after these conditions have been met and as fleet needs dictate for at least five years after 
5.23 	these conditions have been met."

5.24 	Sec. 9. Minnesota Statutes 2008, section 16D.11, subdivision 7, is amended to read:
5.25 		Subd. 7. Adjustment of rate. By June 1 of each year, the commissioner shall 
5.26 	determine the rate of collection costs for debts referred to the enterprise during the next 
5.27 	fiscal year. The rate is a percentage of the debts in an amount that most nearly equals 
5.28 	the costs of the enterprise necessary to process and collect referred debts under this 
5.29 	chapter. In no event shall the rate of the collection costs exceed 25 percent of the debt. 
5.30 	Determination of the rate of collection costs under this section is not subject to the fee 
5.31 	setting requirements of section 16A.128516A.1283. 

5.32 	Sec. 10. Minnesota Statutes 2009 Supplement, section 47.60, subdivision 4, is 
5.33 	amended to read:
6.1 		Subd. 4.Books of account; annual report; schedule of charges; disclosures. (a) 
6.2 	A lender filing under subdivision 3 shall keep and use in the business books, accounts, 
6.3 	and records as will enable the commissioner to determine whether the filer is complying 
6.4 	with this section.
6.5 	(b) A lender filing under subdivision 3 shall annually on or before March 15 file a 
6.6 	report to the commissioner giving the information the commissioner reasonably requires 
6.7 	concerning the business and operations during the preceding calendar year, including the 
6.8 	information required to be reported under section 47.601, subdivision 5 4.
6.9 	(c) A lender filing under subdivision 3 shall display prominently in each place of 
6.10 	business a full and accurate schedule, to be approved by the commissioner, of the charges 
6.11 	to be made and the method of computing those charges. A lender shall furnish a copy of 
6.12 	the contract of loan to a person obligated on it or who may become obligated on it at any 
6.13 	time upon the request of that person. This is in addition to any disclosures required by the 
6.14 	federal Truth in Lending Act, United States Code, title 15.
6.15 	(d) A lender filing under subdivision 3 shall, upon repayment of the loan in 
6.16 	full, mark indelibly every obligation signed by the borrower with the word "Paid" or 
6.17 	"Canceled" within 20 days after repayment.
6.18 	(e) A lender filing under subdivision 3 shall display prominently, in each licensed 
6.19 	place of business, a full and accurate statement of the charges to be made for loans made 
6.20 	under this section. The statement of charges must be displayed in a notice, on plastic or 
6.21 	other durable material measuring at least 12 inches by 18 inches, headed "CONSUMER 
6.22 	NOTICE REQUIRED BY THE STATE OF MINNESOTA." The notice shall include, 
6.23 	immediately above the statement of charges, the following sentence, or a substantially 
6.24 	similar sentence approved by the commissioner: "These loan charges are higher than 
6.25 	otherwise permitted under Minnesota law. Minnesota law permits these higher charges 
6.26 	only because short-term small loans might otherwise not be available to consumers. If 
6.27 	you have another source of a loan, you may be able to benefit from a lower interest rate 
6.28 	and other loan charges." The notice must not contain any other statement or information, 
6.29 	unless the commissioner has determined that the additional statement or information is 
6.30 	necessary to prevent confusion or inaccuracy. The notice must be designed with a type 
6.31 	size that is large enough to be readily noticeable and legible. The form of the notice must 
6.32 	be approved by the commissioner prior to its use.

6.33 	Sec. 11. Minnesota Statutes 2009 Supplement, section 47.60, subdivision 6, is 
6.34 	amended to read:
7.1 		Subd. 6.Penalties for violation. A person who violates or participates in the 
7.2 	violation of any of the provisions of this section is liable in the same manner as in section 
7.3 	47.601, subdivision 7 6.

7.4 	Sec. 12. Minnesota Statutes 2009 Supplement, section 53.09, subdivision 2, is 
7.5 	amended to read:
7.6 		Subd. 2.Annual report. (1) Each industrial loan and thrift company shall annually 
7.7 	on or before the first day of March file a report with the commissioner stating in detail, 
7.8 	under appropriate heads, its assets and liabilities at the close of business on the last day 
7.9 	of the preceding calendar year and, if applicable, information required under section 
7.10 	47.601, subdivision 5 4. This report shall be made under oath in the form prescribed by 
7.11 	the commissioner.
7.12 	(2) Each industrial loan and thrift company which holds authority to accept accounts 
7.13 	pursuant to section 53.04, subdivision 5, shall in place of the requirement in clause (1) 
7.14 	submit the reports required of state banks pursuant to section 48.48.
7.15 	(3) Within 30 days following a change in controlling ownership of the capital stock 
7.16 	of an industrial loan and thrift company, it shall file a written report with the commissioner 
7.17 	stating in detail the nature of such change in ownership.

7.18 	Sec. 13. Minnesota Statutes 2008, section 53C.01, subdivision 12a, is amended to read:
7.19 		Subd. 12a.Service contract. "Service contract" means a motor vehicle service 
7.20 	contract as defined in section 65B.29 has the meaning given it in section 59B.02, 
7.21 	subdivision 11.

7.22 	Sec. 14. Minnesota Statutes 2009 Supplement, section 69.772, subdivision 6, is 
7.23 	amended to read:
7.24 		Subd. 6.Municipal ratification for plan amendments. If the special fund of 
7.25 	the relief association does not have a surplus over full funding pursuant to subdivision 
7.26 	3, clause (2), subclause (e) paragraph (c), clause (5), or if the municipality is required to 
7.27 	provide financial support to the special fund of the relief association pursuant to this 
7.28 	section, the adoption of or any amendment to the articles of incorporation or bylaws of a 
7.29 	relief association which increases or otherwise affects the retirement coverage provided by 
7.30 	or the service pensions or retirement benefits payable from the special fund of any relief 
7.31 	association to which this section applies is not effective until it is ratified by the governing 
7.32 	body of the municipality in which the relief association is located and the officers of a 
7.33 	relief association shall not seek municipal ratification prior to preparing and certifying 
8.1 	an estimate of the expected increase in the accrued liability and annual accruing liability 
8.2 	of the relief association attributable to the amendment. If the special fund of the relief 
8.3 	association has a surplus over full funding pursuant to subdivision 3, clause (2), subclause 
8.4 	(e) paragraph (c), clause (5), and if the municipality is not required to provide financial 
8.5 	support to the special fund of the relief association pursuant to this section, the relief 
8.6 	association may adopt or amend its articles of incorporation or bylaws which increase or 
8.7 	otherwise affect the retirement coverage provided by or the service pensions or retirement 
8.8 	benefits payable from the special fund of the relief association which are effective 
8.9 	without municipal ratification so long as this does not cause the amount of the resulting 
8.10 	increase in the accrued liability of the special fund of the relief association to exceed 90 
8.11 	percent of the amount of the surplus over full funding reported in the prior year and this 
8.12 	does not result in the financial requirements of the special fund of the relief association 
8.13 	exceeding the expected amount of the future fire state aid to be received by the relief 
8.14 	association as determined by the board of trustees following the preparation of an estimate 
8.15 	of the expected increase in the accrued liability and annual accruing liability of the relief 
8.16 	association attributable to the change. If a relief association adopts or amends its articles 
8.17 	of incorporation or bylaws without municipal ratification pursuant to this subdivision, 
8.18 	and, subsequent to the amendment or adoption, the financial requirements of the special 
8.19 	fund of the relief association pursuant to this section are such so as to require financial 
8.20 	support from the municipality, the provision which was implemented without municipal 
8.21 	ratification is no longer effective without municipal ratification and any service pensions 
8.22 	or retirement benefits payable after that date may be paid only in accordance with the 
8.23 	articles of incorporation or bylaws as amended or adopted with municipal ratification.

8.24 	Sec. 15. Minnesota Statutes 2008, section 84.797, subdivision 6, is amended to read:
8.25 		Subd. 6.Off-road. "Off-road" means on trails or nonpublic roads or for 
8.26 	cross-country travel on natural terrain. For purposes of sections 84.797 to 84.805 84.8045, 
8.27 	nonpublic roads include state forest roads, county forest roads, and other roads and trails 
8.28 	that are not operated by a public road authority as defined in section 160.02, subdivision 25. 

8.29 	Sec. 16. Minnesota Statutes 2008, section 84.803, subdivision 2, is amended to read:
8.30 		Subd. 2.Purposes. Subject to appropriation by the legislature, money in the 
8.31 	off-road vehicle account may only be spent for:
8.32 	(1) administration, enforcement, and implementation of sections 84.773 to 84.805
8.33 	84.8045;  
9.1 	(2) acquisition, maintenance, and development of off-road vehicle trails and use 
9.2 	areas;
9.3 	(3) grant-in-aid programs to counties and municipalities to construct and maintain 
9.4 	off-road vehicle trails and use areas;
9.5 	(4) grants-in-aid to local safety programs; and
9.6 	(5) enforcement and public education grants to local law enforcement agencies.

9.7 	Sec. 17. Minnesota Statutes 2008, section 84.8045, is amended to read:
9.8 	84.8045 RESTRICTIONS ON OFF-ROAD VEHICLE TRAILS.
9.9 	Notwithstanding any provision of sections 84.797 to 84.805 84.804 or other law to 
9.10 	the contrary, the commissioner shall not permit land administered by the commissioner in 
9.11 	Cass, Crow Wing, and Hubbard Counties to be used or developed for trails primarily for 
9.12 	off-road vehicles as defined in section 84.797, subdivision 7, except:
9.13 	(1) upon approval by the legislature; or
9.14 	(2) in designated off-road vehicle use areas.

9.15 	Sec. 18. Minnesota Statutes 2008, section 115A.932, subdivision 1, is amended to read:
9.16 		Subdivision 1.Prohibitions and recycling requirements. (a) A person may not 
9.17 	place mercury or a thermostat, thermometer, electric switch, appliance, gauge, medical or 
9.18 	scientific instrument, fluorescent or high-intensity discharge lamp, electric relay, or other 
9.19 	electrical device from which the mercury has not been removed for reuse or recycling:
9.20 	(1) in solid waste; or
9.21 	(2) in a wastewater disposal system.
9.22 	(b) A person may not knowingly place mercury or a thermostat, thermometer, 
9.23 	electric switch, appliance, gauge, medical or scientific instrument, fluorescent or 
9.24 	high-intensity discharge lamp, electric relay, or other electrical device from which the 
9.25 	mercury has not been removed for reuse or recycling:
9.26 	(1) in a solid waste processing facility; or
9.27 	(2) in a solid waste disposal facility, as defined in section 115.01, subdivision 4. 
9.28 	(c) A fluorescent or high-intensity discharge lamp must be recycled by delivery 
9.29 	of the lamp to a lamp recycling facility, as defined in section 116.93, subdivision 1, or 
9.30 	to a facility that collects and stores lamps for the purpose of delivering them to a lamp 
9.31 	recycling facility, including, but not limited to, a household hazardous waste collection 
9.32 	or recycling facility, retailer take-back and utility provider program sites, or other sites 
9.33 	designated by an electric utility under section 216B.241, subdivisions 2 and 4.

10.1 	Sec. 19. Minnesota Statutes 2008, section 116.155, subdivision 3, is amended to read:
10.2 		Subd. 3.Revenues. The following revenues shall be deposited in the general 
10.3 	portion of the remediation fund:
10.4 	(1) response costs and natural resource damages related to releases of hazardous 
10.5 	substances, or pollutants or contaminants, recovered under sections 115B.17, subdivisions 
10.6 	6 and 7, 115B.443, 115B.444, or any other law; 
10.7 	(2) money paid to the agency or the Agriculture Department by voluntary parties 
10.8 	who have received technical or other assistance under sections 115B.17, subdivision 14, 
10.9 	115B.175 to 115B.179, and 115C.03, subdivision 9; 
10.10 	(3) money received in the form of gifts, grants, reimbursement, or appropriation from 
10.11 	any source for any of the purposes provided in subdivision 2, except federal grants; and
10.12 	(4) money received from revenue bonds sold under section 116.156 and placed 
10.13 	in a special bond proceeds account; and
10.14 	(5) (4) interest accrued on the fund.

10.15 	Sec. 20. Minnesota Statutes 2009 Supplement, section 116J.401, subdivision 2, is 
10.16 	amended to read:
10.17 		Subd. 2.Duties; authorizations; limitations. (a) The commissioner of employment 
10.18 	and economic development shall:
10.19 	(1) provide regional development commissions, the Metropolitan Council, and 
10.20 	units of local government with information, technical assistance, training, and advice on 
10.21 	using federal and state programs;
10.22 	(2) receive and administer the Small Cities Community Development Block Grant 
10.23 	Program authorized by Congress under the Housing and Community Development Act of 
10.24 	1974, as amended;
10.25 	(3) receive and administer the section 107 technical assistance program grants 
10.26 	authorized by Congress under the Housing and Community Development Act of 1974, as 
10.27 	amended;
10.28 	(4) receive, administer, and supervise other state and federal grants and grant 
10.29 	programs for planning, community affairs, community development purposes, 
10.30 	employment and training services, and other state and federal programs assigned to the 
10.31 	department by law or by the governor in accordance with section 4.07;
10.32 	(5) receive applications for state and federal grants and grant programs for planning, 
10.33 	community affairs, and community development purposes, and other state and federal 
10.34 	programs assigned to the department by law or by the governor in accordance with section 
10.35 	4.07;
11.1 	(6) act as the agent of, and cooperate with, the federal government in matters of 
11.2 	mutual concern, including the administration of any federal funds granted to the state to 
11.3 	aid in the performance of functions of the commissioner;
11.4 	(7) provide consistent, integrated employment and training services across the state;
11.5 	(8) administer the Wagner-Peyser Act, the Workforce Investment Act, and other 
11.6 	federal employment and training programs;
11.7 	(9) establish the standards for all employment and training services administered 
11.8 	under this chapter and chapters 116L, 248, 268, and 268A;
11.9 	(10) administer the aspects of the Minnesota family investment program, general 
11.10 	assistance, and food stamps that relate to employment and training services, subject to the 
11.11 	contract under section 116L.86, subdivision 1;
11.12 	(11) obtain reports from local service units and service providers for the purpose of 
11.13 	evaluating the performance of employment and training services;
11.14 	(12) as requested, certify employment and training services, and decertify services 
11.15 	that fail to comply with performance criteria according to standards established by the 
11.16 	commissioner;
11.17 	(13) develop standards for the contents and structure of the local service unit plans 
11.18 	and plans for Indian tribe employment and training services, review and comment on those 
11.19 	plans, and approve or disapprove the plans;
11.20 	(14) supervise the county boards of commissioners, local service units, and any other 
11.21 	units of government designated in federal or state law as responsible for employment and 
11.22 	training programs;
11.23 	(15) establish administrative standards and payment conditions for providers of 
11.24 	employment and training services;
11.25 	(16) enter into agreements with Indian tribes as necessary to provide employment 
11.26 	and training services as appropriate funds become available;
11.27 	(17) cooperate with the federal government and its employment and training 
11.28 	agencies in any reasonable manner as necessary to qualify for federal aid for employment 
11.29 	and training services and money;
11.30 	(18) administer and supervise all forms of unemployment insurance provided for 
11.31 	under federal and state laws;
11.32 	(19) provide current state and substate labor market information and forecasts, in 
11.33 	cooperation with other agencies;
11.34 	(20) require all general employment and training programs that receive state funds 
11.35 	to make available information about opportunities for women in nontraditional careers 
11.36 	in the trades and technical occupations;
12.1 	(21) consult with the Rehabilitation Council for the Blind on matters pertaining to 
12.2 	programs and services for the blind and visually impaired;
12.3 	(22) enter into agreements with other departments of the state and local units of 
12.4 	government as necessary;
12.5 	(23) establish and maintain administrative units necessary to perform administrative 
12.6 	functions common to all divisions of the department;
12.7 	(24) investigate, study, and undertake ways and means of promoting and encouraging 
12.8 	the prosperous development and protection of the legitimate interest and welfare of 
12.9 	Minnesota business, industry, and commerce, within and outside the state;
12.10 	(25) locate markets for manufacturers and processors and aid merchants in locating 
12.11 	and contacting markets;
12.12 	(26) as necessary or useful for the proper execution of the powers and duties of the 
12.13 	commissioner in promoting and developing Minnesota business, industry, and commerce, 
12.14 	both within and outside the state, investigate and study conditions affecting Minnesota 
12.15 	business, industry, and commerce; collect and disseminate information; and engage in 
12.16 	technical studies, scientific investigations, statistical research, and educational activities;
12.17 	(27) plan and develop an effective business information service both for the direct 
12.18 	assistance of business and industry of the state and for the encouragement of business and 
12.19 	industry outside the state to use economic facilities within the state;
12.20 	(28) compile, collect, and develop periodically, or otherwise make available, 
12.21 	information relating to current business conditions;
12.22 	(29) conduct or encourage research designed to further new and more extensive uses 
12.23 	of the natural and other resources of the state and designed to develop new products 
12.24 	and industrial processes;
12.25 	(30) study trends and developments in the industries of the state and analyze the 
12.26 	reasons underlying the trends;
12.27 	(31) study costs and other factors affecting successful operation of businesses within 
12.28 	the state;
12.29 	(32) make recommendations regarding circumstances promoting or hampering 
12.30 	business and industrial development;
12.31 	(33) serve as a clearing house for business and industrial problems of the state;
12.32 	(34) advise small business enterprises regarding improved methods of accounting 
12.33 	and bookkeeping;
12.34 	(35) cooperate with interstate commissions engaged in formulating and promoting 
12.35 	the adoption of interstate compacts and agreements helpful to business, industry, and 
12.36 	commerce;
13.1 	(36) cooperate with other state departments and with boards, commissions, and 
13.2 	other state agencies in the preparation and coordination of plans and policies for the 
13.3 	development of the state and for the use and conservation of its resources insofar as the 
13.4 	use, conservation, and development may be appropriately directed or influenced by a 
13.5 	state agency;
13.6 	(37) in connection with state, county, and municipal public works projects, assemble 
13.7 	and coordinate information relative to the status, scope, cost, and employment possibilities 
13.8 	and availability of materials, equipment, and labor, and recommend limitations on the 
13.9 	public works;
13.10 	(38) gather current progress information with reference to public and private 
13.11 	works projects of the state and its political subdivisions with reference to conditions of 
13.12 	employment;
13.13 	(39) inquire into and report to the governor, when requested by the governor, with 
13.14 	respect to any program of public state improvements and its financing; and request 
13.15 	and obtain information from other state departments or agencies as may be needed for 
13.16 	the report;
13.17 	(40) study changes in population and current trends and prepare plans and suggest 
13.18 	policies for the development and conservation of the resources of the state;
13.19 	(41) confer and cooperate with the executive, legislative, or planning authorities of 
13.20 	the United States, neighboring states and provinces, and the counties and municipalities 
13.21 	of neighboring states, for the purpose of bringing about a coordination between the 
13.22 	development of neighboring provinces, states, counties, and municipalities and the 
13.23 	development of this state;
13.24 	(42) generally gather, compile, and make available statistical information relating to 
13.25 	business, trade, commerce, industry, transportation, communication, natural resources, 
13.26 	and other like subjects in this state, with authority to call upon other state departments for 
13.27 	statistical data and results obtained by them and to arrange and compile that statistical 
13.28 	information in a reasonable manner;
13.29 	(43) publish documents and annually convene regional meetings to inform 
13.30 	businesses, local government units, assistance providers, and other interested persons of 
13.31 	changes in state and federal law related to economic development;
13.32 	(44) annually convene conferences of providers of economic development-related 
13.33 	financial and technical assistance for the purposes of exchanging information on economic 
13.34 	development assistance, coordinating economic development activities, and formulating 
13.35 	economic development strategies;
14.1 	(45) provide business with information on the economic benefits of energy 
14.2 	conservation and on the availability of energy conservation assistance;
14.3 	(46) as part of the biennial budget process, prepare performance measures for each 
14.4 	business loan or grant program within the jurisdiction of the commissioner. Measures 
14.5 	include source of funds for each program, number of jobs proposed or promised at the 
14.6 	time of application and the number of jobs created, estimated number of jobs retained, the 
14.7 	average salary and benefits for the jobs resulting from the program, and the number of 
14.8 	projects approved;
14.9 	(47) provide a continuous program of education for business people;
14.10 	(48) publish, disseminate, and distribute information and statistics;
14.11 	(49) promote and encourage the expansion and development of markets for 
14.12 	Minnesota products;
14.13 	(50) promote and encourage the location and development of new businesses in the 
14.14 	state as well as the maintenance and expansion of existing businesses and for that purpose 
14.15 	cooperate with state and local agencies and individuals, both within and outside the state;
14.16 	(51) advertise and disseminate information as to natural resources, desirable 
14.17 	locations, and other advantages for the purpose of attracting businesses to locate in this 
14.18 	state;
14.19 	(52) aid the various communities in this state in attracting business to their 
14.20 	communities;
14.21 	(53) advise and cooperate with municipal, county, regional, and other planning 
14.22 	agencies and planning groups within the state for the purpose of promoting coordination 
14.23 	between the state and localities as to plans and development in order to maintain a high 
14.24 	level of gainful employment in private profitable production and achieve commensurate 
14.25 	advancement in social and cultural welfare;
14.26 	(54) coordinate the activities of statewide and local planning agencies, correlate 
14.27 	information secured from them and from state departments and disseminate information 
14.28 	and suggestions to the planning agencies;
14.29 	(55) encourage and assist in the organization and functioning of local planning 
14.30 	agencies where none exist; and
14.31 	(56) adopt measures calculated to promote public interest in and understanding of 
14.32 	the problems of planning and, to that end, may publish and distribute copies of any plan 
14.33 	or any report and may employ other means of publicity and education that will give full 
14.34 	effect to the provisions of sections 116J.58116J.60 to 116J.63.
14.35 	(b) At the request of any governmental subdivision in paragraph (a), clause (53), 
14.36 	the commissioner may provide planning assistance, which includes but is not limited to 
15.1 	surveys, land use studies, urban renewal plans, technical services and other planning work 
15.2 	to any city or other municipality in the state or perform similar planning work in any 
15.3 	county or metropolitan or regional area in the state. The commissioner must not perform 
15.4 	the planning work with respect to a metropolitan or regional area which is under the 
15.5 	jurisdiction for planning purposes of a county, metropolitan, regional, or joint planning 
15.6 	body, except at the request or with the consent of the respective county, metropolitan, 
15.7 	regional, or joint planning body.
15.8 	(c) The commissioner is authorized to:
15.9 	(1) receive and expend money from municipal, county, regional, and other planning 
15.10 	agencies;
15.11 	(2) accept and disburse grants and other aids for planning purposes from the federal 
15.12 	government and from other public or private sources;
15.13 	(3) utilize money received under clause (2) for the employment of consultants and 
15.14 	other temporary personnel to assist in the supervision or performance of planning work 
15.15 	supported by money other than state-appropriated money;
15.16 	(4) enter into contracts with agencies of the federal government, units of local 
15.17 	government or combinations thereof, and with private persons that are necessary in the 
15.18 	performance of the planning assistance function of the commissioner; and
15.19 	(5) assist any local government unit in filling out application forms for the federal 
15.20 	grants-in-aid.
15.21 	(d) In furtherance of its planning functions, any city or town, however organized, 
15.22 	may expend money and contract with agencies of the federal government, appropriate 
15.23 	departments of state government, other local units of government, and with private 
15.24 	persons.

15.25 	Sec. 21. Minnesota Statutes 2009 Supplement, section 120B.30, subdivision 1, is 
15.26 	amended to read:
15.27 		Subdivision 1.Statewide testing.  (a) The commissioner, with advice from experts 
15.28 	with appropriate technical qualifications and experience and stakeholders, consistent with 
15.29 	subdivision 1a, shall include in the comprehensive assessment system, for each grade 
15.30 	level to be tested, state-constructed tests developed from and aligned with the state's 
15.31 	required academic standards under section 120B.021, include multiple choice questions, 
15.32 	and be administered annually to all students in grades 3 through 8. State-developed high 
15.33 	school tests aligned with the state's required academic standards under section 120B.021
15.34 	and administered to all high school students in a subject other than writing must include 
15.35 	multiple choice questions. The commissioner shall establish one or more months during 
16.1 	which schools shall administer the tests to students each school year. For students enrolled 
16.2 	in grade 8 before the 2005-2006 school year, Minnesota basic skills tests in reading, 
16.3 	mathematics, and writing shall fulfill students' basic skills testing requirements for a 
16.4 	passing state notation. The passing scores of basic skills tests in reading and mathematics 
16.5 	are the equivalent of 75 percent correct for students entering grade 9 based on the first 
16.6 	uniform test administered in February 1998. Students who have not successfully passed 
16.7 	a Minnesota basic skills test by the end of the 2011-2012 school year must pass the 
16.8 	graduation-required assessments for diploma under paragraph (b) (c).
16.9 	(b) The state assessment system must be aligned to the most recent revision of 
16.10 	academic standards as described in section 120B.023 in the following manner:
16.11 	(1) mathematics;
16.12 	(i) grades 3 through 8 beginning in the 2010-2011 school year; and
16.13 	(ii) high school level beginning in the 2013-2014 school year;
16.14 	(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012 
16.15 	school year; and
16.16 	(3) language arts and reading; grades 3 through 8 and high school level beginning in 
16.17 	the 2012-2013 school year.
16.18 	(c) For students enrolled in grade 8 in the 2005-2006 school year and later, only the 
16.19 	following options shall fulfill students' state graduation test requirements:
16.20 	(1) for reading and mathematics:
16.21 	(i) obtaining an achievement level equivalent to or greater than proficient as 
16.22 	determined through a standard setting process on the Minnesota comprehensive 
16.23 	assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing 
16.24 	score as determined through a standard setting process on the graduation-required 
16.25 	assessment for diploma in grade 10 for reading and grade 11 for mathematics or 
16.26 	subsequent retests;
16.27 	(ii) achieving a passing score as determined through a standard setting process on the 
16.28 	state-identified language proficiency test in reading and the mathematics test for English 
16.29 	language learners or the graduation-required assessment for diploma equivalent of those 
16.30 	assessments for students designated as English language learners;
16.31 	(iii) achieving an individual passing score on the graduation-required assessment 
16.32 	for diploma as determined by appropriate state guidelines for students with an individual 
16.33 	education plan or 504 plan;
16.34 	(iv) obtaining achievement level equivalent to or greater than proficient as 
16.35 	determined through a standard setting process on the state-identified alternate assessment 
17.1 	or assessments in grade 10 for reading and grade 11 for mathematics for students with 
17.2 	an individual education plan; or
17.3 	(v) achieving an individual passing score on the state-identified alternate assessment 
17.4 	or assessments as determined by appropriate state guidelines for students with an 
17.5 	individual education plan; and
17.6 	(2) for writing:
17.7 	(i) achieving a passing score on the graduation-required assessment for diploma;
17.8 	(ii) achieving a passing score as determined through a standard setting process on 
17.9 	the state-identified language proficiency test in writing for students designated as English 
17.10 	language learners;
17.11 	(iii) achieving an individual passing score on the graduation-required assessment 
17.12 	for diploma as determined by appropriate state guidelines for students with an individual 
17.13 	education plan or 504 plan; or
17.14 	(iv) achieving an individual passing score on the state-identified alternate assessment 
17.15 	or assessments as determined by appropriate state guidelines for students with an 
17.16 	individual education plan.
17.17 	(d) Students enrolled in grade 8 in any school year from the 2005-2006 school 
17.18 	year to the 2009-2010 school year who do not pass the mathematics graduation-required 
17.19 	assessment for diploma under paragraph (b) (c) are eligible to receive a high school 
17.20 	diploma with a passing state notation if they:
17.21 	(1) complete with a passing score or grade all state and local coursework and credits 
17.22 	required for graduation by the school board granting the students their diploma;
17.23 	(2) participate in district-prescribed academic remediation in mathematics; and
17.24 	(3) fully participate in at least two retests of the mathematics GRAD test or until 
17.25 	they pass the mathematics GRAD test, whichever comes first. A school, district, or 
17.26 	charter school must place a student's highest assessment score for each of the following 
17.27 	assessments on the student's high school transcript: the mathematics Minnesota 
17.28 	Comprehensive Assessment, reading Minnesota Comprehensive Assessment, and writing 
17.29 	Graduation-Required Assessment for Diploma, and when applicable, the mathematics 
17.30 	Graduation-Required Assessment for Diploma and reading Graduation-Required 
17.31 	Assessment for Diploma.
17.32 	In addition, the school board granting the students their diplomas may formally 
17.33 	decide to include a notation of high achievement on the high school diplomas of those 
17.34 	graduating seniors who, according to established school board criteria, demonstrate 
17.35 	exemplary academic achievement during high school.
18.1 	(e) The 3rd through 8th grade and high school test results shall be available to 
18.2 	districts for diagnostic purposes affecting student learning and district instruction and 
18.3 	curriculum, and for establishing educational accountability. The commissioner must 
18.4 	disseminate to the public the high school test results upon receiving those results.
18.5 	(f) The 3rd through 8th grade and high school tests must be aligned with state 
18.6 	academic standards. The commissioner shall determine the testing process and the order 
18.7 	of administration. The statewide results shall be aggregated at the site and district level, 
18.8 	consistent with subdivision 1a.
18.9 	(g) In addition to the testing and reporting requirements under this section, the 
18.10 	commissioner shall include the following components in the statewide public reporting 
18.11 	system:
18.12 	(1) uniform statewide testing of all students in grades 3 through 8 and at the high 
18.13 	school level that provides appropriate, technically sound accommodations or alternate 
18.14 	assessments;
18.15 	(2) educational indicators that can be aggregated and compared across school 
18.16 	districts and across time on a statewide basis, including average daily attendance, high 
18.17 	school graduation rates, and high school drop-out rates by age and grade level;
18.18 	(3) state results on the American College Test; and
18.19 	(4) state results from participation in the National Assessment of Educational 
18.20 	Progress so that the state can benchmark its performance against the nation and other 
18.21 	states, and, where possible, against other countries, and contribute to the national effort 
18.22 	to monitor achievement.

18.23 	Sec. 22. Minnesota Statutes 2009 Supplement, section 120B.30, subdivision 2, is 
18.24 	amended to read:
18.25 		Subd. 2.Department of Education assistance. The Department of Education 
18.26 	shall contract for professional and technical services according to competitive bidding
18.27 	solicitation procedures under chapter 16C for purposes of this section.

18.28 	Sec. 23. Minnesota Statutes 2009 Supplement, section 122A.60, subdivision 2, is 
18.29 	amended to read:
18.30 		Subd. 2.Contents of plan. The plan must include the staff development outcomes 
18.31 	under subdivision 3, the means to achieve the outcomes, and procedures for evaluating 
18.32 	progress at each school site toward meeting education outcomes, consistent with 
18.33 	relicensure requirements under section 122A.18, subdivision 2, paragraph (b) 122A.18, 
18.34 	subdivision 4. The plan also must:
19.1 	(1) support stable and productive professional communities achieved through 
19.2 	ongoing and schoolwide progress and growth in teaching practice;
19.3 	(2) emphasize coaching, professional learning communities, classroom action 
19.4 	research, and other job-embedded models;
19.5 	(3) maintain a strong subject matter focus premised on students' learning goals;
19.6 	(4) ensure specialized preparation and learning about issues related to teaching 
19.7 	students with special needs and limited English proficiency; and
19.8 	(5) reinforce national and state standards of effective teaching practice.

19.9 	Sec. 24. Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 3, is 
19.10 	amended to read:
19.11 		Subd. 3.Authorizer. (a) For purposes of this section, the terms defined in this 
19.12 	subdivision have the meanings given them.
19.13 	"Application" to receive approval as an authorizer means the proposal an eligible 
19.14 	authorizer submits to the commissioner under paragraph (c) before that authorizer is able 
19.15 	to submit any affidavit to charter to a school.
19.16 	"Application" under subdivision 4 means the charter school business plan a 
19.17 	school developer submits to an authorizer for approval to establish a charter school that 
19.18 	documents the school developer's mission statement, school purposes, program design, 
19.19 	financial plan, governance and management structure, and background and experience, 
19.20 	plus any other information the authorizer requests. The application also shall include a 
19.21 	"statement of assurances" of legal compliance prescribed by the commissioner.
19.22 	"Affidavit" means a written statement the authorizer submits to the commissioner 
19.23 	for approval to establish a charter school under subdivision 4 attesting to its review and 
19.24 	approval process before chartering a school.
19.25 	"Affidavit" means the form an authorizer submits to the commissioner that is a 
19.26 	precondition to a charter school organizing an affiliated nonprofit building corporation 
19.27 	under subdivision 17a.
19.28 	(b) The following organizations may authorize one or more charter schools:
19.29 	(1) a school board; intermediate school district school board; education district 
19.30 	organized under sections 123A.15 to 123A.19;
19.31 	(2) a charitable organization under section 501(c)(3) of the Internal Revenue Code 
19.32 	of 1986, excluding a nonpublic sectarian or religious institution, any person other than a 
19.33 	natural person that directly or indirectly, through one or more intermediaries, controls, 
19.34 	is controlled by, or is under common control with the nonpublic sectarian or religious 
20.1 	institution, and any other charitable organization under this clause that in the federal IRS 
20.2 	Form 1023, Part IV, describes activities indicating a religious purpose, that:
20.3 	(i) is a member of the Minnesota Council of Nonprofits or the Minnesota Council on 
20.4 	Foundations;
20.5 	(ii) is registered with the attorney general's office;
20.6 	(iii) reports an end-of-year fund balance of at least $2,000,000; and
20.7 	(iv) is incorporated in the state of Minnesota;
20.8 	(3) a Minnesota private college, notwithstanding clause (2), that grants two- or 
20.9 	four-year degrees and is registered with the Minnesota Office of Higher Education under 
20.10 	chapter 136A; community college, state university, or technical college governed by the 
20.11 	Board of Trustees of the Minnesota State Colleges and Universities; or the University of 
20.12 	Minnesota; or
20.13 	(4) a nonprofit corporation subject to chapter 317A, described in section 317A.905, 
20.14 	and exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code 
20.15 	of 1986, may authorize one or more charter schools if the charter school has operated 
20.16 	for at least three years under a different authorizer and if the nonprofit corporation has 
20.17 	existed for at least 25 years.
20.18 	(5) no more than three single-purpose sponsors authorizers that are charitable, 
20.19 	nonsectarian organizations formed under section 501(c)(3) of the Internal Revenue Code of 
20.20 	1986 and incorporated in the state of Minnesota whose sole purpose is to charter schools. 
20.21 	Eligible organizations interested in being approved as a sponsor an authorizer under this 
20.22 	paragraph must submit a proposal to the commissioner that includes the provisions of 
20.23 	paragraph (c) and a five-year financial plan. Such authorizers shall consider and approve 
20.24 	applications using the criteria provided in subdivision 4 and shall not limit the applications 
20.25 	it solicits, considers, or approves to any single curriculum, learning program, or method.
20.26 	(c) An eligible authorizer under this subdivision must apply to the commissioner for 
20.27 	approval as an authorizer before submitting any affidavit to the commissioner to charter 
20.28 	a school. The application for approval as a charter school authorizer must demonstrate 
20.29 	the applicant's ability to implement the procedures and satisfy the criteria for chartering a 
20.30 	school under this section. The commissioner must approve or disapprove an application 
20.31 	within 60 business days of the application deadline. If the commissioner disapproves 
20.32 	the application, the commissioner must notify the applicant of the deficiencies and the 
20.33 	applicant then has 20 business days to address the deficiencies to the commissioner's 
20.34 	satisfaction. Failing to address the deficiencies to the commissioner's satisfaction makes 
20.35 	an applicant ineligible to be an authorizer. The commissioner, in establishing criteria for 
20.36 	approval, must consider the applicant's:
21.1 	(1) capacity and infrastructure;
21.2 	(2) application criteria and process;
21.3 	(3) contracting process;
21.4 	(4) ongoing oversight and evaluation processes; and
21.5 	(5) renewal criteria and processes.
21.6 	(d) The affidavit to be submitted to and evaluated by the commissioner must include 
21.7 	at least the following:
21.8 	(1) how chartering schools is a way for the organization to carry out its mission;
21.9 	(2) a description of the capacity of the organization to serve as a sponsor an 
21.10 	authorizer, including the personnel who will perform the sponsoring authorizing duties, 
21.11 	their qualifications, the amount of time they will be assigned to this responsibility, and the 
21.12 	financial resources allocated by the organization to this responsibility;
21.13 	(3) a description of the application and review process the authorizer will use to make 
21.14 	decisions regarding the granting of charters, which will include at least the following:
21.15 	(i) how the statutory purposes defined in subdivision 1 are addressed;
21.16 	(ii) the mission, goals, program model, and student performance expectations;
21.17 	(iii) an evaluation plan for the school that includes criteria for evaluating educational, 
21.18 	organizational, and fiscal plans;
21.19 	(iv) the school's governance plan;
21.20 	(v) the financial management plan; and
21.21 	(vi) the administration and operations plan;
21.22 	(4) a description of the type of contract it will arrange with the schools it charters 
21.23 	that meets the provisions of subdivision 6 and defines the rights and responsibilities of the 
21.24 	charter school for governing its educational program, controlling its funds, and making 
21.25 	school management decisions;
21.26 	(5) the process to be used for providing ongoing oversight of the school consistent 
21.27 	with the contract expectations specified in clause (4) that assures that the schools chartered 
21.28 	are complying with both the provisions of applicable law and rules, and with the contract;
21.29 	(6) the process for making decisions regarding the renewal or termination of 
21.30 	the school's charter based on evidence that demonstrates the academic, organizational, 
21.31 	and financial competency of the school, including its success in increasing student 
21.32 	achievement and meeting the goals of the charter school agreement; and
21.33 	(7) an assurance specifying that the organization is committed to serving as a 
21.34 	sponsor an authorizer for the full five-year term.
21.35 	A disapproved applicant under this paragraph may resubmit an application during a 
21.36 	future application period.
22.1 	(e) The authorizer must participate in department-approved training.
22.2 	(f) An authorizer that chartered a school before August 1, 2009, must apply by 
22.3 	June 30, 2011, to the commissioner for approval, under paragraph (c), to continue as an 
22.4 	authorizer under this section. For purposes of this paragraph, an authorizer that fails to 
22.5 	submit a timely application is ineligible to charter a school.
22.6 	(g) The commissioner shall review an authorizer's performance every five years in 
22.7 	a manner and form determined by the commissioner and may review an authorizer's 
22.8 	performance more frequently at the commissioner's own initiative or at the request of a 
22.9 	charter school operator, charter school board member, or other interested party. The 
22.10 	commissioner, after completing the review, shall transmit a report with findings to the 
22.11 	authorizer. If, consistent with this section, the commissioner finds that an authorizer 
22.12 	has not fulfilled the requirements of this section, the commissioner may subject the 
22.13 	authorizer to corrective action, which may include terminating the contract with the 
22.14 	charter school board of directors of a school it chartered. The commissioner must notify 
22.15 	the authorizer in writing of any findings that may subject the authorizer to corrective 
22.16 	action and the authorizer then has 15 business days to request an informal hearing before 
22.17 	the commissioner takes corrective action.
22.18 	(h) The commissioner may at any time take corrective action against an authorizer, 
22.19 	including terminating an authorizer's ability to charter a school for:
22.20 	(1) failing to demonstrate the criteria under paragraph (c) under which the 
22.21 	commissioner approved the authorizer;
22.22 	(2) violating a term of the chartering contract between the authorizer and the charter 
22.23 	school board of directors; or
22.24 	(3) unsatisfactory performance as an approved authorizer.

22.25 	Sec. 25. Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 8, is 
22.26 	amended to read:
22.27 		Subd. 8.Federal, state, and local requirements. (a) A charter school shall meet all 
22.28 	federal, state, and local health and safety requirements applicable to school districts.
22.29 	(b) A school must comply with statewide accountability requirements governing 
22.30 	standards and assessments in chapter 120B.
22.31 	(c) A school sponsored authorized by a school board may be located in any district, 
22.32 	unless the school board of the district of the proposed location disapproves by written 
22.33 	resolution.
22.34 	(d) A charter school must be nonsectarian in its programs, admission policies, 
22.35 	employment practices, and all other operations. A sponsor An authorizer may not 
23.1 	authorize a charter school or program that is affiliated with a nonpublic sectarian school or 
23.2 	a religious institution. A charter school student must be released for religious instruction, 
23.3 	consistent with section 120A.22, subdivision 12, clause (3).
23.4 	(e) Charter schools must not be used as a method of providing education or 
23.5 	generating revenue for students who are being home-schooled.
23.6 	(f) The primary focus of a charter school must be to provide a comprehensive 
23.7 	program of instruction for at least one grade or age group from five through 18 years 
23.8 	of age. Instruction may be provided to people younger than five years and older than 
23.9 	18 years of age.
23.10 	(g) A charter school may not charge tuition.
23.11 	(h) A charter school is subject to and must comply with chapter 363A and section 
23.12 	121A.04.
23.13 	(i) A charter school is subject to and must comply with the Pupil Fair Dismissal 
23.14 	Act, sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections 
23.15 	123B.34 to 123B.39.
23.16 	(j) A charter school is subject to the same financial audits, audit procedures, and 
23.17 	audit requirements as a district. Audits must be conducted in compliance with generally 
23.18 	accepted governmental auditing standards, the Federal Single Audit Act, if applicable, 
23.19 	and section 6.65. A charter school is subject to and must comply with sections 15.054; 
23.20 	118A.01; 118A.02; 118A.03; 118A.04; 118A.05; 118A.06; 471.38; 471.391; 471.392; and 
23.21 	471.425. The audit must comply with the requirements of sections 123B.75 to 123B.83, 
23.22 	except to the extent deviations are necessary because of the program at the school. 
23.23 	Deviations must be approved by the commissioner and authorizer. The Department of 
23.24 	Education, state auditor, legislative auditor, or authorizer may conduct financial, program, 
23.25 	or compliance audits. A charter school determined to be in statutory operating debt under 
23.26 	sections 123B.81 to 123B.83 must submit a plan under section 123B.81, subdivision 4.
23.27 	(k) A charter school is a district for the purposes of tort liability under chapter 466.
23.28 	(l) A charter school must comply with chapters 13 and 13D; and sections 120A.22, 
23.29 	subdivision 7; 121A.75; and 260B.171, subdivisions 3 and 5.
23.30 	(m) A charter school is subject to the Pledge of Allegiance requirement under 
23.31 	section 121A.11, subdivision 3.
23.32 	(n) A charter school offering online courses or programs must comply with section 
23.33 	124D.095.
23.34 	(o) A charter school and charter school board of directors are subject to chapter 181.
24.1 	(p) A charter school must comply with section 120A.22, subdivision 7, governing 
24.2 	the transfer of students' educational records and sections 138.163 and 138.17 governing 
24.3 	the management of local records.

24.4 	Sec. 26. Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 14, 
24.5 	is amended to read:
24.6 		Subd. 14.Annual public reports. A charter school must publish an annual report 
24.7 	approved by the board of directors. The annual report must at least include information 
24.8 	on school enrollment, student attrition, governance and management, staffing, finances, 
24.9 	academic performance, operational performance, innovative practices and implementation, 
24.10 	and future plans. A charter school must distribute the annual report by publication, mail, or 
24.11 	electronic means to the commissioner, sponsor, authorizer, school employees, and parents 
24.12 	and legal guardians of students enrolled in the charter school and must also post the report 
24.13 	on the charter school's official Web site. The reports are public data under chapter 13.

24.14 	Sec. 27. Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 15, 
24.15 	is amended to read:
24.16 		Subd. 15.Review and comment. (a) The authorizer shall provide a formal written 
24.17 	evaluation of the school's performance before the authorizer renews the charter contract. 
24.18 	The department must review and comment on the authorizer's evaluation process at 
24.19 	the time the sponsor authorizer submits its application for approval and each time the 
24.20 	authorizer undergoes its five-year review under subdivision 3, paragraph (e).
24.21 	(b) A sponsor An authorizer shall monitor and evaluate the fiscal, operational, and 
24.22 	student performance of the school, and may for this purpose annually assess a charter 
24.23 	school a fee according to paragraph (c). The agreed-upon fee structure must be stated in 
24.24 	the charter school contract.
24.25 	(c) The fee that each charter school pays to an authorizer each year is the greater of:
24.26 	(1) the basic formula allowance for that year; or
24.27 	(2) the lesser of:
24.28 	(i) the maximum fee factor times the basic formula allowance for that year; or
24.29 	(ii) the fee factor times the basic formula allowance for that year times the charter 
24.30 	school's adjusted marginal cost pupil units for that year. The fee factor equals .005 in fiscal 
24.31 	year 2010, .01 in fiscal year 2011, .013 in fiscal year 2012, and .015 in fiscal years 2013 
24.32 	and later. The maximum fee factor equals 1.5 in fiscal year 2010, 2.0 in fiscal year 2011, 
24.33 	3.0 in fiscal year 2012, and 4.0 in fiscal years 2013 and later.
25.1 	(d) The department and any charter school it charters must not assess or pay a fee 
25.2 	under paragraphs (b) and (c).
25.3 	(e) For the preoperational planning period, the authorizer may assess a charter school 
25.4 	a fee equal to the basic formula allowance.
25.5 	(f) By September 30 of each year, an authorizer shall submit to the commissioner 
25.6 	a statement of expenditures related to chartering activities during the previous school 
25.7 	year ending June 30. A copy of the statement shall be given to all schools chartered by 
25.8 	the authorizer.

25.9 	Sec. 28. Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 23, 
25.10 	is amended to read:
25.11 		Subd. 23.Causes for nonrenewal or termination of charter school contract. (a) 
25.12 	The duration of the contract with an authorizer must be for the term contained in the 
25.13 	contract according to subdivision 6. The authorizer may or may not renew a contract at 
25.14 	the end of the term for any ground listed in paragraph (b). An authorizer may unilaterally 
25.15 	terminate a contract during the term of the contract for any ground listed in paragraph 
25.16 	(b). At least 60 days before not renewing or terminating a contract, the authorizer shall 
25.17 	notify the board of directors of the charter school of the proposed action in writing. The 
25.18 	notice shall state the grounds for the proposed action in reasonable detail and that the 
25.19 	charter school's board of directors may request in writing an informal hearing before the 
25.20 	authorizer within 15 business days of receiving notice of nonrenewal or termination of the 
25.21 	contract. Failure by the board of directors to make a written request for a hearing within 
25.22 	the 15-business-day period shall be treated as acquiescence to the proposed action. Upon 
25.23 	receiving a timely written request for a hearing, the authorizer shall give ten business days' 
25.24 	notice to the charter school's board of directors of the hearing date. The authorizer shall 
25.25 	conduct an informal hearing before taking final action. The authorizer shall take final 
25.26 	action to renew or not renew a contract no later than 20 business days before the proposed 
25.27 	date for terminating the contract or the end date of the contract.
25.28 	(b) A contract may be terminated or not renewed upon any of the following grounds:
25.29 	(1) failure to meet the requirements for pupil performance contained in the contract;
25.30 	(2) failure to meet generally accepted standards of fiscal management;
25.31 	(3) violations of law; or
25.32 	(4) other good cause shown.
25.33 	If a contract is terminated or not renewed under this paragraph, the school must be 
25.34 	dissolved according to the applicable provisions of chapter 308A or 317A.
26.1 	(c) If the sponsor authorizer and the charter school board of directors mutually agree 
26.2 	to terminate or not renew the contract, a change in sponsors authorizers is allowed if the 
26.3 	commissioner approves the transfer to a different eligible authorizer to authorize the 
26.4 	charter school. Both parties must jointly submit their intent in writing to the commissioner 
26.5 	to mutually terminate the contract. The sponsor authorizer that is a party to the existing 
26.6 	contract at least must inform the approved different eligible sponsor authorizer about 
26.7 	the fiscal and operational status and student performance of the school. Before the 
26.8 	commissioner determines whether to approve a transfer of authorizer, the commissioner 
26.9 	first must determine whether the charter school and prospective new authorizer can 
26.10 	identify and effectively resolve those circumstances causing the previous authorizer and 
26.11 	the charter school to mutually agree to terminate the contract. If no transfer of sponsor
26.12 	authorizer is approved, the school must be dissolved according to applicable law and 
26.13 	the terms of the contract.
26.14 	(d) The commissioner, after providing reasonable notice to the board of directors of 
26.15 	a charter school and the existing authorizer, and after providing an opportunity for a public 
26.16 	hearing, may terminate the existing contract between the authorizer and the charter school 
26.17 	board if the charter school has a history of:
26.18 	(1) failure to meet pupil performance requirements contained in the contract;
26.19 	(2) financial mismanagement or failure to meet generally accepted standards of 
26.20 	fiscal management; or
26.21 	(3) repeated or major violations of the law.
26.22 	(e) If the commissioner terminates a charter school contract under subdivision 3, 
26.23 	paragraph (g), the commissioner shall provide the charter school with information about 
26.24 	other eligible authorizers.

26.25 	Sec. 29. Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 25, 
26.26 	is amended to read:
26.27 		Subd. 25.Extent of specific legal authority. (a) The board of directors of a charter 
26.28 	school may sue and be sued.
26.29 	(b) The board may not levy taxes or issue bonds.
26.30 	(c) The commissioner, a sponsor an authorizer, members of the board of a sponsor
26.31 	an authorizer in their official capacity, and employees of a sponsor an authorizer are 
26.32 	immune from civil or criminal liability with respect to all activities related to a charter 
26.33 	school they approve or sponsor authorize. The board of directors shall obtain at least the 
26.34 	amount of and types of insurance up to the applicable tort liability limits under chapter 
26.35 	466. The charter school board must submit a copy of the insurance policy to its authorizer 
27.1 	and the commissioner before starting operations. The charter school board must submit 
27.2 	changes in its insurance carrier or policy to its authorizer and the commissioner within 
27.3 	20 business days of the change.

27.4 	Sec. 30. Minnesota Statutes 2008, section 125A.64, subdivision 6, is amended to read:
27.5 		Subd. 6.Exemption to September 1 school start restriction. Notwithstanding 
27.6 	section 120A.40, subdivision 1, the board of the Minnesota State Academies for the Deaf 
27.7 	and Blind may begin the school year any day prior to September 1.  

27.8 	Sec. 31. Minnesota Statutes 2008, section 126C.55, subdivision 6, is amended to read:
27.9 		Subd. 6.Tax levy for repayment. (a) With the approval of the commissioner, a 
27.10 	district may levy in the year the state makes a payment under this section an amount up to 
27.11 	the amount necessary to provide funds for the repayment of the amount paid by the state 
27.12 	plus interest through the date of estimated repayment by the district. The proceeds of this 
27.13 	levy may be used only for this purpose unless they are in excess of the amount actually 
27.14 	due, in which case the excess shall be used to repay other state payments made under this 
27.15 	section or shall be deposited in the debt redemption fund of the school district. This levy 
27.16 	shall be an increase in the levy limits of the district for purposes of section 275.065, 
27.17 	subdivision 6. The amount of aids to be reduced to repay the state shall be decreased by 
27.18 	the amount levied. This levy by the district is not eligible for debt service equalization 
27.19 	under section 123B.53. 
27.20 	(b) If the state is not repaid in full for a payment made under this section by 
27.21 	November 30 of the calendar year following the year in which the state makes the 
27.22 	payment, the commissioner shall require the district to certify a property tax levy in an 
27.23 	amount up to the amount necessary to provide funds for repayment of the amount paid by 
27.24 	the state plus interest through the date of estimated repayment by the school district. To 
27.25 	prevent undue hardship, the commissioner may allow the district to certify the levy over a 
27.26 	five-year period. The proceeds of the levy may be used only for this purpose unless they 
27.27 	are in excess of the amount actually due, in which case the excess shall be used to repay 
27.28 	other state payments made under this section or shall be deposited in the debt redemption 
27.29 	fund of the district. This levy shall be an increase in the levy limits of the school district 
27.30 	for purposes of section 275.065, subdivision 6. If the commissioner orders the district 
27.31 	to levy, the amount of aids reduced to repay the state shall be decreased by the amount 
27.32 	levied. This levy by the district is not eligible for debt service equalization under section 
27.33 	123B.53 or any successor provision. A levy under this subdivision must be explained as a 
27.34 	specific increase at the meeting required under section 275.065, subdivision 6.
28.1 	(c) For an intermediate district, a levy made by a member district under paragraph (a) 
28.2 	or (b) to pay its pro rata share must be spread by the commissioner as a tax rate based on 
28.3 	the total adjusted net tax capacity of the member school districts. The proceeds of the levy 
28.4 	must be remitted by the member school district to the intermediate school district and must 
28.5 	be used by the intermediate district only to repay the state amounts owed. Any amount in 
28.6 	excess of the amount owed to the state must be repaid to the member school districts and 
28.7 	the commissioner shall adjust each member district's property tax levy in the next year.

28.8 	Sec. 32. Minnesota Statutes 2008, section 128D.03, subdivision 2, is amended to read:
28.9 		Subd. 2.Not on tax or library board. The special independent school district 
28.10 	shall not have any representation upon the Board of Estimate and Taxation or Library 
28.11 	Board of said city.

28.12 	Sec. 33. Minnesota Statutes 2008, section 129C.10, subdivision 8, is amended to read:
28.13 		Subd. 8.Exemption to September 1 school start restriction. Notwithstanding 
28.14 	Minnesota Statutes, section 120A.40, subdivision 1, the Perpich Center for Arts Education 
28.15 	may begin the school year any day prior to September 1.  

28.16 	Sec. 34. Minnesota Statutes 2008, section 136F.61, is amended to read:
28.17 	136F.61 STATE BUILDING CODE.
28.18 	All Minnesota state college and university facilities are subject to the provisions of 
28.19 	the State Building Code under chapter 16B326B and the State Fire Code under chapter 
28.20 	299F.

28.21 	Sec. 35. Minnesota Statutes 2009 Supplement, section 152.025, is amended to read:
28.22 	152.025 CONTROLLED SUBSTANCE CRIME IN THE FIFTH DEGREE.
28.23 		Subdivision 1.Sale crimes. (a) A person is guilty of a controlled substance crime in 
28.24 	the fifth degree and if convicted may be sentenced to imprisonment for not more than five 
28.25 	years or to payment of a fine of not more than $10,000, or both if:
28.26 	(1) the person unlawfully sells one or more mixtures containing marijuana or 
28.27 	tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
28.28 	(2) the person unlawfully sells one or more mixtures containing a controlled 
28.29 	substance classified in schedule IV.
28.30 	(b) Except as provided in paragraph (c), if a person is guilty of a controlled 
28.31 	substance crime in the fifth degree and the conviction is a subsequent controlled substance 
28.32 	conviction, the person convicted shall be committed to the commissioner of corrections or 
29.1 	to a local correctional authority for not less than six months nor more than ten years and, 
29.2 	in addition, may be sentenced to payment of a fine of not more than $20,000 if:
29.3 	(1) the person unlawfully sells one or more mixtures containing marijuana or 
29.4 	tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
29.5 	(2) the person unlawfully sells one or more mixtures containing a controlled 
29.6 	substance classified in schedule IV.
29.7 	(c) Prior to the time of sentencing, the prosecutor may file a motion to have the 
29.8 	person sentenced without regard to the mandatory minimum sentence established by 
29.9 	paragraph (b). The motion must be accompanied by a statement on the record of the 
29.10 	reasons for it. When presented with the motion, or on its own motion, the court may 
29.11 	sentence the person without regard to the mandatory minimum sentence if the court finds, 
29.12 	on the record, substantial and compelling reasons to do so. Sentencing a person in this 
29.13 	manner is a departure from the Sentencing Guidelines.
29.14 		Subd. 2.Possession and other crimes. (a) A person is guilty of controlled 
29.15 	substance crime in the fifth degree and if convicted may be sentenced to imprisonment for 
29.16 	not more than five years or to payment of a fine of not more than $10,000, or both if:
29.17 	(1) the person unlawfully possesses one or more mixtures containing a controlled 
29.18 	substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
29.19 	(2) the person procures, attempts to procure, possesses, or has control over a 
29.20 	controlled substance by any of the following means:
29.21 	(i) fraud, deceit, misrepresentation, or subterfuge;
29.22 	(ii) using a false name or giving false credit; or
29.23 	(iii) falsely assuming the title of, or falsely representing any person to be, a 
29.24 	manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice 
29.25 	medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of 
29.26 	obtaining a controlled substance.
29.27 	(b) Except as provided in paragraph (c), if a person is guilty of a controlled 
29.28 	substance crime in the fifth degree and the conviction is a subsequent controlled substance 
29.29 	conviction, the person convicted shall be committed to the commissioner of corrections or 
29.30 	to a local correctional authority for not less than six months nor more than ten years and, 
29.31 	in addition, may be sentenced to payment of a fine of not more than $20,000 if:
29.32 	(1) the person unlawfully possesses one or more mixtures containing a controlled 
29.33 	substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
29.34 	(2) the person procures, attempts to procure, possesses, or has control over a 
29.35 	controlled substance by any of the following means:
29.36 	(i) fraud, deceit, misrepresentation, or subterfuge;
30.1 	(ii) using a false name or giving false credit; or
30.2 	(iii) falsely assuming the title of, or falsely representing any person to be, a 
30.3 	manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice 
30.4 	medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of 
30.5 	obtaining a controlled substance.
30.6 	(c) Prior to the time of sentencing, the prosecutor may file a motion to have the 
30.7 	person sentenced without regard to the mandatory minimum sentence established by 
30.8 	paragraph (b). The motion must be accompanied by a statement on the record of the 
30.9 	reasons for it. When presented with the motion, or on its own motion, the court may 
30.10 	sentence the person without regard to the mandatory minimum sentence if the court finds, 
30.11 	on the record, substantial and compelling reasons to do so. Sentencing a person in this 
30.12 	manner is a departure from the Sentencing Guidelines.

30.13 	Sec. 36. Minnesota Statutes 2008, section 168.002, subdivision 13, is amended to read:
30.14 		Subd. 13.Gross weight. (a) "Gross weight" means the actual unloaded weight 
30.15 	of the vehicle, either a truck or tractor, or the actual unloaded combined weight of a 
30.16 	truck-tractor and semitrailer or semitrailers, or of the truck-tractor, semitrailer and one 
30.17 	additional semitrailer, fully equipped for service, plus the weight of the maximum load 
30.18 	which the applicant has elected to carry on such vehicle or combined vehicles.
30.19 	(b) The term gross weight applied to a truck used for towing a trailer means the 
30.20 	unloaded weight of the truck, fully equipped for service, plus the weight of the maximum 
30.21 	load which the applicant has elected to carry on such truck, including the weight of such 
30.22 	part of the trailer and its load as may rest upon the truck.
30.23 	(c) The term gross weight applied to school buses means the weight of the vehicle 
30.24 	fully equipped with all fuel tanks full of fuel, plus the weight of the passengers and their 
30.25 	baggage computed at the rate of 100 pounds per passenger seating capacity, including that 
30.26 	for the driver. The term gross weight applied to other buses means the weight of the 
30.27 	vehicle fully equipped with all fuel tanks full of fuel, plus the weight of passengers and 
30.28 	their baggage computed at the rate of 150 pounds per passenger seating capacity, including 
30.29 	that for the driver. For bus seats designed for more than one passenger, but which are not 
30.30 	divided so as to allot individual seats for the passengers that occupy them, allow two feet 
30.31 	of its length per passenger to determine seating capacity.
30.32 	(d) The term gross weight applied to a truck, truck-tractor or a truck used as a 
30.33 	truck-tractor used exclusively by the owner thereof for transporting unfinished forest 
30.34 	products or used by the owner thereof to transport agricultural, horticultural, dairy and 
30.35 	other farm products including livestock produced or finished by the owner of the truck 
31.1 	and any other personal property owned by the farmer to whom the license for such truck 
31.2 	is issued, from the farm to market, and to transport property and supplies to the farm 
31.3 	of the owner, as described in subdivision 17 8, shall be the actual weight of the truck, 
31.4 	truck-tractor or truck used as a truck-tractor or the combined weight of the truck-tractor 
31.5 	and semitrailer plus the weight of the maximum load which the applicant has elected to 
31.6 	carry on such vehicle or combined vehicles and shall be licensed and taxed as provided by 
31.7 	section 168.013, subdivision 1c. 
31.8 	(e) The term gross weight applied to a truck-tractor or a truck used as a truck-tractor 
31.9 	used exclusively by the owner, or by a for-hire carrier hauling exclusively for one owner, 
31.10 	for towing an equipment dolly shall be the actual weight of the truck-tractor or truck used 
31.11 	as a truck-tractor plus the weight of such part of the equipment dolly and its load as may 
31.12 	rest upon the truck-tractor or truck used as a truck-tractor, and shall be licensed separately 
31.13 	and taxed as provided by section 168.013, subdivision 1e, and the equipment dolly shall 
31.14 	be licensed separately and taxed as provided in section 168.013, subdivision 1d, which 
31.15 	is applicable for the balance of the weight of the equipment dolly and the balance of the 
31.16 	maximum load the applicant has elected to carry on such combined vehicles. The term 
31.17 	"equipment dolly" as used in this subdivision means a heavy semitrailer used solely by the 
31.18 	owner, or by a for-hire carrier hauling exclusively for one owner, to transport the owner's 
31.19 	construction machinery, equipment, implements and other objects used on a construction 
31.20 	project, but not to be incorporated in or to become a part of a completed project. 
31.21 	(f) The term gross weight applied to a tow truck or towing vehicle defined in section 
31.22 	169.011, subdivision 83, means the weight of the tow truck or towing vehicle fully 
31.23 	equipped for service, including the weight of the crane, winch and other equipment to 
31.24 	control the movement of a towed vehicle, but does not include the weight of a wrecked or 
31.25 	disabled vehicle towed or drawn by the tow truck or towing vehicle. 

31.26 	Sec. 37. Minnesota Statutes 2008, section 168.013, subdivision 1, is amended to read:
31.27 		Subdivision 1.Imposition. Motor vehicles, except as set forth in section 168.012, 
31.28 	using the public streets or highways in the state, and park trailers taxed under subdivision 
31.29 	1j, shall be taxed in lieu of all other taxes thereon, except wheelage taxes, so-called, which 
31.30 	may be imposed by any city as provided by law, and except gross earnings taxes paid by 
31.31 	companies subject or made subject thereto, and shall be privileged to use the public streets 
31.32 	and highways, on the basis and at the rate for each calendar year as hereinafter provided.

31.33 	Sec. 38. Minnesota Statutes 2009 Supplement, section 168.33, subdivision 7, is 
31.34 	amended to read:
32.1 		Subd. 7.Filing fees; allocations. (a) In addition to all other statutory fees and 
32.2 	taxes, a filing fee of:
32.3 	(1) $4.50 is imposed on every vehicle registration renewal, excluding pro rate 
32.4 	transactions; and
32.5 	(2) $8.50 is imposed on every other type of vehicle transaction, including pro rate 
32.6 	transactions;
32.7 	except that a filing fee may not be charged for a document returned for a refund or for 
32.8 	a correction of an error made by the Department of Public Safety, a dealer, or a deputy 
32.9 	registrar. The filing fee must be shown as a separate item on all registration renewal 
32.10 	notices sent out by the commissioner. No filing fee or other fee may be charged for the 
32.11 	permanent surrender of a title for a vehicle.
32.12 	(b) The statutory fees and taxes, and the filing fees imposed under paragraph (a) may 
32.13 	be paid by credit card or debit card. The deputy registrar may collect a surcharge on 
32.14 	the statutory fees, taxes, and filing fee not to exceed greater than the cost of processing 
32.15 	a credit card or debit card transaction, in accordance with emergency rules established 
32.16 	by the commissioner of public safety. The surcharge must be used to pay the cost of 
32.17 	processing credit and debit card transactions.
32.18 	(c) All of the fees collected under paragraph (a), clause (1), by the department, must 
32.19 	be paid into the vehicle services operating account in the special revenue fund under 
32.20 	section 299A.705. Of the fee collected under paragraph (a), clause (2), by the department, 
32.21 	$3.50 must be paid into the general fund with the remainder deposited into the vehicle 
32.22 	services operating account in the special revenue fund under section 299A.705.

32.23 	EFFECTIVE DATE. This section applies to fees collected after July 31, 2009, and 
32.24 	is effective retroactively from August 1, 2009.

32.25 	Sec. 39. Minnesota Statutes 2009 Supplement, section 169.011, subdivision 71, 
32.26 	is amended to read:
32.27 		Subd. 71.School bus. (a) "School bus" means a motor vehicle used to transport 
32.28 	pupils to or from a school defined in section 120A.22, or to or from school-related 
32.29 	activities, by the school or a school district, or by someone under an agreement with the 
32.30 	school or a school district. A school bus does not include a motor vehicle transporting 
32.31 	children to or from school for which parents or guardians receive direct compensation 
32.32 	from a school district, a motor coach operating under charter carrier authority, a transit 
32.33 	bus providing services as defined in section 174.22, subdivision 7, or a vehicle otherwise 
32.34 	qualifying as a type III vehicle under clause (6) paragraph (h), when the vehicle is properly 
33.1 	registered and insured and being driven by an employee or agent of a school district for 
33.2 	nonscheduled or nonregular transportation.
33.3 	(b) A school bus may be type A, type B, type C, or type D, multifunction school 
33.4 	activity bus, or type III as provided in paragraphs (c) to (h).
33.5 	(c) A "type A school bus" is a van conversion or bus constructed utilizing a 
33.6 	cutaway front section vehicle with a left-side driver's door. This definition includes two 
33.7 	classifications: type A-I, with a gross vehicle weight rating (GVWR) less than or equal 
33.8 	to 14,500 pounds; and type A-II, with a GVWR greater than 14,500 pounds and less 
33.9 	than or equal to 21,500 pounds.
33.10 	(d) A "type B school bus" is constructed utilizing a stripped chassis. The entrance 
33.11 	door is behind the front wheels. This definition includes two classifications: type B-I, 
33.12 	with a GVWR less than or equal to 10,000 pounds; and type B-II, with a GVWR greater 
33.13 	than 10,000 pounds.
33.14 	(e) A "type C school bus" is constructed utilizing a chassis with a hood and front 
33.15 	fender assembly. The entrance door is behind the front wheels. A "type C school bus" also 
33.16 	includes a cutaway truck chassis or truck chassis with cab, with or without a left side door, 
33.17 	and with a GVWR greater than 21,500 pounds.
33.18 	(f) A "type D school bus" is constructed utilizing a stripped chassis. The entrance 
33.19 	door is ahead of the front wheels.
33.20 	(g) A "multifunction school activity bus" is a school bus that meets the definition 
33.21 	of a multifunction school activity bus in Code of Federal Regulations, title 49, section 
33.22 	571.3. A vehicle that meets the definition of a type III vehicle is not a multifunction 
33.23 	school activity bus.
33.24 	(h) A "type III vehicle" is restricted to passenger cars, station wagons, vans, and 
33.25 	buses having a maximum manufacturer's rated seating capacity of ten or fewer people, 
33.26 	including the driver, and a gross vehicle weight rating of 10,000 pounds or less. A "type 
33.27 	III vehicle" must not be outwardly equipped and identified as a type A, B, C, or D school 
33.28 	bus or type A, B, C, or D Head Start bus. A van or bus converted to a seating capacity of 
33.29 	ten or fewer and placed in service on or after August 1, 1999, must have been originally 
33.30 	manufactured to comply with the passenger safety standards.
33.31 	(i) In this subdivision, "gross vehicle weight rating" means the value specified by 
33.32 	the manufacturer as the loaded weight of a single vehicle.

33.33 	Sec. 40. Minnesota Statutes 2008, section 169.67, subdivision 1, is amended to read:
33.34 		Subdivision 1.Motor vehicle. Every motor vehicle, other than a motorcycle, when 
33.35 	operated upon a highway, shall be equipped with brakes adequate to control the movement 
34.1 	of and to stop and hold such vehicle, including two separate means of applying the brakes, 
34.2 	each of which means shall be effective to apply the brakes to at least two wheels. If these 
34.3 	two separate means of applying the brakes are connected in any way, they shall be so 
34.4 	constructed that failure of any one part of the operating mechanism shall not leave the 
34.5 	motor vehicle without brakes on at least two wheels. The requirement in this subdivision 
34.6 	for separate braking systems does not apply to a commercial motor vehicle described in 
34.7 	section 169.781, subdivision 5, paragraph (d).

34.8 	Sec. 41. Minnesota Statutes 2009 Supplement, section 169.865, subdivision 1, is 
34.9 	amended to read:
34.10 		Subdivision 1. Six-axle vehicles. (a) A road authority may issue an annual permit 
34.11 	authorizing a vehicle or combination of vehicles with a total of six or more axles to haul 
34.12 	raw or unprocessed agricultural products and be operated with a gross vehicle weight 
34.13 	of up to: 
34.14 	(1) 90,000 pounds; and 
34.15 	(2) 99,000 pounds during the period set by the commissioner under section 169.826, 
34.16 	subdivision 1. 
34.17 	(b) Notwithstanding subdivision 4 3, paragraph (a), clause (4), a vehicle or 
34.18 	combination of vehicles operated under this subdivision and transporting only sealed 
34.19 	intermodal containers may be operated on an interstate highway if allowed by the United 
34.20 	States Department of Transportation. 
34.21 	(c) The fee for a permit issued under this subdivision is $300. 

34.22 	Sec. 42. Minnesota Statutes 2009 Supplement, section 176.135, subdivision 8, is 
34.23 	amended to read:
34.24 		Subd. 8.Data. Each self-insured employer and insurer shall retain or arrange for 
34.25 	the retention of (1) all billing data electronically transmitted by health care providers 
34.26 	for payment for the treatment of workers' compensation; and (2) the employer of or
34.27 	insurer's electronically transmitted payment remittance advice. The self-insured employer 
34.28 	or insurer shall ensure that the data in clauses (1) and (2) shall be retained for seven 
34.29 	years in the standard electronic transaction format that is required by rules adopted by 
34.30 	the commissioner of the Department of Health under section 62J.536. The data shall be 
34.31 	provided in the standard electronic transaction format to the commissioner of labor and 
34.32 	industry within 120 days of the commissioner of labor and industry's request, and shall 
34.33 	be used to analyze the costs and outcomes of treatment in the workers' compensation 
34.34 	system. The data collected by the commissioner of labor and industry under this 
35.1 	section is confidential data on individuals and protected nonpublic data, except that the 
35.2 	commissioner may publish aggregate statistics and other summary data on the costs and 
35.3 	outcomes of treatment in the workers' compensation system.

35.4 	Sec. 43. Minnesota Statutes 2008, section 190.025, subdivision 3, is amended to read:
35.5 		Subd. 3.Construction of section. This section shall not be construed so as to 
35.6 	make unlawful any arrest in this state which would otherwise be lawful, nor to repeal or 
35.7 	prevent the application of any of the provisions of section 626.65, the Uniform Act on 
35.8 	the Fresh Pursuit of Criminals.

35.9 	Sec. 44. Minnesota Statutes 2008, section 214.04, subdivision 1, is amended to read:
35.10 		Subdivision 1.Services provided. (a) The commissioner of education with respect 
35.11 	to the Board of Teaching; the commissioner of public safety with respect to the Board of 
35.12 	Private Detective and Protective Agent Services; the panel established pursuant to section 
35.13 	299A.465, subdivision 7; the Board of Peace Officer Standards and Training; and the 
35.14 	commissioner of revenue with respect to the Board of Assessors, shall provide suitable 
35.15 	offices and other space, joint conference and hearing facilities, examination rooms, and 
35.16 	the following administrative support services: purchasing service, accounting service, 
35.17 	advisory personnel services, consulting services relating to evaluation procedures and 
35.18 	techniques, data processing, duplicating, mailing services, automated printing of license 
35.19 	renewals, and such other similar services of a housekeeping nature as are generally 
35.20 	available to other agencies of state government. Investigative services shall be provided 
35.21 	the boards by employees of the Office of Attorney General. The commissioner of health 
35.22 	with respect to the health-related licensing boards shall provide mailing and office supply 
35.23 	services and may provide other facilities and services listed in this subdivision at a 
35.24 	central location upon request of the health-related licensing boards. The commissioner of 
35.25 	commerce with respect to the remaining non-health-related licensing boards shall provide 
35.26 	the above facilities and services at a central location for the remaining non-health-related 
35.27 	licensing boards. The legal and investigative services for the boards shall be provided 
35.28 	by employees of the attorney general assigned to the departments servicing the boards. 
35.29 	Notwithstanding the foregoing, the attorney general shall not be precluded by this section 
35.30 	from assigning other attorneys to service a board if necessary in order to insure competent 
35.31 	and consistent legal representation. Persons providing legal and investigative services 
35.32 	shall to the extent practicable provide the services on a regular basis to the same board 
35.33 	or boards.
36.1 	(b) The requirements in paragraph (a) with respect to the panel established in section 
36.2 	299A.465, subdivision 7, expire July 1, 2008.

36.3 	Sec. 45. Minnesota Statutes 2008, section 216B.1691, subdivision 1, is amended to 
36.4 	read:
36.5 		Subdivision 1.Definitions. (a) Unless otherwise specified in law, "eligible energy 
36.6 	technology" means an energy technology that generates electricity from the following 
36.7 	renewable energy sources: (1) solar; (2) wind; (3) hydroelectric with a capacity of less 
36.8 	than 100 megawatts; (4) hydrogen, provided that after January 1, 2010, the hydrogen 
36.9 	must be generated from the resources listed in this clause paragraph; or (5) biomass, 
36.10 	which includes, without limitation, landfill gas; an anaerobic digester system; the 
36.11 	predominantly organic components of wastewater effluent, sludge, or related byproducts 
36.12 	from publicly owned treatment works, but not including incineration of wastewater sludge 
36.13 	to produce electricity; and an energy recovery facility used to capture the heat value of 
36.14 	mixed municipal solid waste or refuse-derived fuel from mixed municipal solid waste 
36.15 	as a primary fuel.
36.16 	(b) "Electric utility" means a public utility providing electric service, a generation 
36.17 	and transmission cooperative electric association, a municipal power agency, or a power 
36.18 	district.
36.19 	(c) "Total retail electric sales" means the kilowatt-hours of electricity sold in a year 
36.20 	by an electric utility to retail customers of the electric utility or to a distribution utility for 
36.21 	distribution to the retail customers of the distribution utility.

36.22 	Sec. 46. Minnesota Statutes 2008, section 245A.18, subdivision 2, is amended to read:
36.23 		Subd. 2.Child passenger restraint systems; training requirement. (a) Programs 
36.24 	licensed by the Department of Human Services under Minnesota Rules, chapter 2960, that 
36.25 	serve a child or children under nine years of age must document training that fulfills the 
36.26 	requirements in this subdivision.
36.27 	(b) Before a license holder, staff person, or caregiver transports a child or children 
36.28 	under age nine in a motor vehicle, the person transporting the child must satisfactorily 
36.29 	complete training on the proper use and installation of child restraint systems in motor 
36.30 	vehicles. Training completed under this section may be used to meet initial or ongoing 
36.31 	training under Minnesota Rules, part 2960.3070, subparts 1 and 2.
36.32 	For all providers licensed prior to July 1, 2006, the training required in this subdivision 
36.33 	must be obtained by December 31, 2007.
37.1 	(c) Training required under this section must be at least one hour in length, 
37.2 	completed at orientation or initial training, and repeated at least once every five years. At 
37.3 	a minimum, the training must address the proper use of child restraint systems based on 
37.4 	the child's size, weight, and age, and the proper installation of a car seat or booster seat in 
37.5 	the motor vehicle used by the license holder to transport the child or children.
37.6 	(d) Training under paragraph (c) must be provided by individuals who are certified 
37.7 	and approved by the Department of Public Safety, Office of Traffic Safety. License holders 
37.8 	may obtain a list of certified and approved trainers through the Department of Public 
37.9 	Safety Web site or by contacting the agency.
37.10 	(e) Child care providers that only transport school age children as defined in section 
37.11 	245A.02, subdivision 16, in school buses as defined in section 169.011, subdivision 71, 
37.12 	clauses (1) to (4) paragraphs (c) to (f), are exempt from this subdivision.

37.13 	Sec. 47. Minnesota Statutes 2009 Supplement, section 246B.06, subdivision 7, is 
37.14 	amended to read:
37.15 		Subd. 7.Status of clients. Clients participating in the vocational work program 
37.16 	are not employees of the Minnesota sex offender program, the Department of Human 
37.17 	Services, or the state, and are not subject to fair labor standards under sections 177.21 to 
37.18 	177.35; workers compensation under sections 176.011 to 176.862; the Minnesota Human 
37.19 	Rights Act under sections 363A.001 363A.01 to 363A.41; laws governing state employees 
37.20 	under chapter 43A; labor relations under chapter 179A; or the successors to any of these 
37.21 	sections and any other laws pertaining to employees and employment.

37.22 	Sec. 48. Minnesota Statutes 2009 Supplement, section 256.969, subdivision 3b, 
37.23 	is amended to read:
37.24 		Subd. 3b.Nonpayment for hospital-acquired conditions and for certain 
37.25 	treatments. (a) The commissioner must not make medical assistance payments to a 
37.26 	hospital for any costs of care that result from a condition listed in paragraph (c), if the 
37.27 	condition was hospital acquired.
37.28 	(b) For purposes of this subdivision, a condition is hospital acquired if it is not 
37.29 	identified by the hospital as present on admission. For purposes of this subdivision, 
37.30 	medical assistance includes general assistance medical care and MinnesotaCare.
37.31 	(c) The prohibition in paragraph (a) applies to payment for each hospital-acquired 
37.32 	condition listed in this paragraph that is represented by an ICD-9-CM diagnosis code and 
37.33 	is designated as a complicating condition or a major complicating condition:
37.34 	(1) foreign object retained after surgery (ICD-9-CM codes 998.4 or 998.7);
38.1 	(2) air embolism (ICD-9-CM code 999.1);
38.2 	(3) blood incompatibility (ICD-9-CM code 999.6);
38.3 	(4) pressure ulcers stage III or IV (ICD-9-CM codes 707.23 or 707.24);
38.4 	(5) falls and trauma, including fracture, dislocation, intracranial injury, crushing 
38.5 	injury, burn, and electric shock (ICD-9-CM codes with these ranges on the complicating 
38.6 	condition and major complicating condition list: 800-829; 830-839; 850-854; 925-929; 
38.7 	940-949; and 991-994);
38.8 	(6) catheter-associated urinary tract infection (ICD-9-CM code 996.64);
38.9 	(7) vascular catheter-associated infection (ICD-9-CM code 999.31);
38.10 	(8) manifestations of poor glycemic control (ICD-9-CM codes 249.10; 249.11; 
38.11 	249.20; 249.21; 250.10; 250.11; 250.12; 250.13; 250.20; 250.21; 250.22; 250.23; and 
38.12 	251.0);
38.13 	(9) surgical site infection (ICD-9-CM codes 996.67 or 998.59) following certain 
38.14 	orthopedic procedures (procedure codes 81.01; 81.02; 81.03; 81.04; 81.05; 81.06; 81.07; 
38.15 	81.08; 81.23; 81.24; 81.31; 81.32; 81.33; 81.34; 81.35; 81.36; 81.37; 81.38; 81.83; and 
38.16 	81.85);
38.17 	(10) surgical site infection (ICD-9-CM code 998.59) following bariatric surgery 
38.18 	(procedure codes 44.38; 44.39; or 44.95) for a principal diagnosis of morbid obesity 
38.19 	(ICD-9-CM code 278.01);
38.20 	(11) surgical site infection, mediastinitis (ICD-9-CM code 519.2) following coronary 
38.21 	artery bypass graft (procedure codes 36.10 to 36.19); and
38.22 	(12) deep vein thrombosis (ICD-9-CM codes 453.40 to 453.42) or pulmonary 
38.23 	embolism (ICD-9-CM codes 415.11 or 415.91 415.19) following total knee replacement 
38.24 	(procedure code 81.54) or hip replacement (procedure codes 00.85 to 00.87 or 81.51 
38.25 	to 81.52).
38.26 	(d) The prohibition in paragraph (a) applies to any additional payments that result 
38.27 	from a hospital-acquired condition listed in paragraph (c), including, but not limited to, 
38.28 	additional treatment or procedures, readmission to the facility after discharge, increased 
38.29 	length of stay, change to a higher diagnostic category, or transfer to another hospital. In 
38.30 	the event of a transfer to another hospital, the hospital where the condition listed under 
38.31 	paragraph (c) was acquired is responsible for any costs incurred at the hospital to which 
38.32 	the patient is transferred.
38.33 	(e) A hospital shall not bill a recipient of services for any payment disallowed under 
38.34 	this subdivision.

39.1 	Sec. 49. Minnesota Statutes 2009 Supplement, section 256B.0659, subdivision 3, 
39.2 	is amended to read:
39.3 		Subd. 3.Noncovered personal care assistance services. (a) Personal care 
39.4 	assistance services are not eligible for medical assistance payment under this section 
39.5 	when provided:
39.6 	(1) by the recipient's spouse, parent of a recipient under the age of 18, paid legal 
39.7 	guardian, licensed foster provider, except as allowed under section 256B.0651 256B.0652, 
39.8 	subdivision 10, or responsible party;
39.9 	(2) in lieu of other staffing options in a residential or child care setting;
39.10 	(3) solely as a child care or babysitting service; or
39.11 	(4) without authorization by the commissioner or the commissioner's designee.
39.12 	(b) The following personal care services are not eligible for medical assistance 
39.13 	payment under this section when provided in residential settings:
39.14 	(1) effective January 1, 2010, when the provider of home care services who is not 
39.15 	related by blood, marriage, or adoption owns or otherwise controls the living arrangement, 
39.16 	including licensed or unlicensed services; or
39.17 	(2) when personal care assistance services are the responsibility of a residential or 
39.18 	program license holder under the terms of a service agreement and administrative rules.
39.19 	(c) Other specific tasks not covered under paragraph (a) or (b) that are not eligible 
39.20 	for medical assistance reimbursement for personal care assistance services under this 
39.21 	section include:
39.22 	(1) sterile procedures;
39.23 	(2) injections of fluids and medications into veins, muscles, or skin;
39.24 	(3) home maintenance or chore services;
39.25 	(4) homemaker services not an integral part of assessed personal care assistance 
39.26 	services needed by a recipient;
39.27 	(5) application of restraints or implementation of procedures under section 245.825;
39.28 	(6) instrumental activities of daily living for children under the age of 18; and
39.29 	(7) assessments for personal care assistance services by personal care assistance 
39.30 	provider agencies or by independently enrolled registered nurses.

39.31 	Sec. 50. Minnesota Statutes 2009 Supplement, section 256B.5012, subdivision 8, 
39.32 	is amended to read:
39.33 		Subd. 8.ICF/MR rate decreases effective July 1, 2009. Effective July 1, 2009, 
39.34 	the commissioner shall decrease each facility reimbursed under this section operating 
39.35 	payment adjustments equal to 2.58 percent of the operating payment rates in effect on 
40.1 	June 30, 2009. For each facility, the commissioner shall implement the rate reduction, 
40.2 	based on occupied beds, using the percentage specified in this subdivision multiplied by 
40.3 	the total payment rate, including the variable rate but excluding the property-related 
40.4 	payment rate, in effect on the preceding date. The total rate reduction shall include the 
40.5 	adjustment provided in section 256B.502, subdivision 7.

40.6 	Sec. 51. Minnesota Statutes 2008, section 256L.04, subdivision 1, is amended to read:
40.7 		Subdivision 1.Families with children. (a) Families with children with family 
40.8 	income equal to or less than 275 percent of the federal poverty guidelines for the 
40.9 	applicable family size shall be eligible for MinnesotaCare according to this section. All 
40.10 	other provisions of sections 256L.01 to 256L.18, including the insurance-related barriers 
40.11 	to enrollment under section 256L.07, shall apply unless otherwise specified. 
40.12 	(b) Parents who enroll in the MinnesotaCare program must also enroll their children, 
40.13 	if the children are eligible. Children may be enrolled separately without enrollment by 
40.14 	parents. However, if one parent in the household enrolls, both parents must enroll, unless 
40.15 	other insurance is available. If one child from a family is enrolled, all children must 
40.16 	be enrolled, unless other insurance is available. If one spouse in a household enrolls, 
40.17 	the other spouse in the household must also enroll, unless other insurance is available. 
40.18 	Families cannot choose to enroll only certain uninsured members.
40.19 	(c) Beginning October 1, 2003, the dependent sibling definition no longer applies 
40.20 	to the MinnesotaCare program. These persons are no longer counted in the parental 
40.21 	household and may apply as a separate household.
40.22 	(d) Beginning July 1, 2003 2010, or upon federal approval, whichever is later, 
40.23 	parents are not eligible for MinnesotaCare if their gross income exceeds $57,500.
40.24 	(e) Children formerly enrolled in medical assistance and automatically deemed 
40.25 	eligible for MinnesotaCare according to section 256B.057, subdivision 2c, are exempt 
40.26 	from the requirements of this section until renewal.

40.27 	Sec. 52. Minnesota Statutes 2009 Supplement, section 260C.212, subdivision 7, 
40.28 	is amended to read:
40.29 		Subd. 7.Administrative or court review of placements. (a) There shall be an 
40.30 	administrative review of the out-of-home placement plan of each child placed in foster 
40.31 	care no later than 180 days after the initial placement of the child in foster care and at least 
40.32 	every six months thereafter if the child is not returned to the home of the parent or parents 
40.33 	within that time. The out-of-home placement plan must be monitored and updated at each 
40.34 	administrative review. The administrative review shall be conducted by the responsible 
41.1 	social services agency using a panel of appropriate persons at least one of whom is not 
41.2 	responsible for the case management of, or the delivery of services to, either the child or 
41.3 	the parents who are the subject of the review. The administrative review shall be open to 
41.4 	participation by the parent or guardian of the child and the child, as appropriate.
41.5 	(b) As an alternative to the administrative review required in paragraph (a), the court 
41.6 	may, as part of any hearing required under the Minnesota Rules of Juvenile Protection 
41.7 	Procedure, conduct a hearing to monitor and update the out-of-home placement plan 
41.8 	pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph (d). 
41.9 	The party requesting review of the out-of-home placement plan shall give parties to the 
41.10 	proceeding notice of the request to review and update the out-of-home placement plan. 
41.11 	A court review conducted pursuant to section 260C.193; 260C.201, subdivision 1 or 11; 
41.12 	260C.141, subdivision 2or 2a, clause (2); or;260C.317; or section 260D.06 shall satisfy 
41.13 	the requirement for the review so long as the other requirements of this section are met.
41.14 	(c) As appropriate to the stage of the proceedings and relevant court orders, the 
41.15 	responsible social services agency or the court shall review:
41.16 	(1) the safety, permanency needs, and well-being of the child;
41.17 	(2) the continuing necessity for and appropriateness of the placement;
41.18 	(3) the extent of compliance with the out-of-home placement plan;
41.19 	(4) the extent of progress which has been made toward alleviating or mitigating the 
41.20 	causes necessitating placement in foster care;
41.21 	(5) the projected date by which the child may be returned to and safely maintained in 
41.22 	the home or placed permanently away from the care of the parent or parents or guardian; 
41.23 	and
41.24 	(6) the appropriateness of the services provided to the child.
41.25 	(d) When a child is age 16 or older, in addition to any administrative review 
41.26 	conducted by the agency, at the review required under section 260C.201, subdivision 11, 
41.27 	paragraph (d), clause (3), item (iii); or 260C.317, subdivision 3, clause (3), the court shall 
41.28 	review the independent living plan required under subdivision 1, paragraph (c), clause 
41.29 	(11), and the provision of services to the child related to the well-being of the child as 
41.30 	the child prepares to leave foster care. The review shall include the actual plans related 
41.31 	to each item in the plan necessary to the child's future safety and well-being when the 
41.32 	child is no longer in foster care.
41.33 	(1) At the court review, the responsible social services agency shall establish that 
41.34 	it has given the notice required under Minnesota Rules, part 9560.0060 9560.0660, 
41.35 	regarding the right to continued access to services for certain children in foster care past 
41.36 	age 18 and of the right to appeal a denial of social services under section 256.045. If the 
42.1 	agency is unable to establish that the notice, including the right to appeal a denial of social 
42.2 	services, has been given, the court shall require the agency to give it.
42.3 	(2) The court shall make findings regarding progress toward or accomplishment of 
42.4 	the following goals:
42.5 	(i) the child has obtained a high school diploma or its equivalent;
42.6 	(ii) the child has completed a driver's education course or has demonstrated the 
42.7 	ability to use public transportation in the child's community;
42.8 	(iii) the child is employed or enrolled in postsecondary education;
42.9 	(iv) the child has applied for and obtained postsecondary education financial aid for 
42.10 	which the child is eligible;
42.11 	(v) the child has health care coverage and health care providers to meet the child's 
42.12 	physical and mental health needs;
42.13 	(vi) the child has applied for and obtained disability income assistance for which 
42.14 	the child is eligible;
42.15 	(vii) the child has obtained affordable housing with necessary supports, which does 
42.16 	not include a homeless shelter;
42.17 	(viii) the child has saved sufficient funds to pay for the first month's rent and a 
42.18 	damage deposit;
42.19 	(ix) the child has an alternative affordable housing plan, which does not include a 
42.20 	homeless shelter, if the original housing plan is unworkable;
42.21 	(x) the child, if male, has registered for the Selective Service; and
42.22 	(xi) the child has a permanent connection to a caring adult.
42.23 	(3) The court shall ensure that the responsible agency in conjunction with the 
42.24 	placement provider assists the child in obtaining the following documents prior to the 
42.25 	child's leaving foster care: a Social Security card; the child's birth certificate; a state 
42.26 	identification card or driver's license, green card, or school visa; the child's school, 
42.27 	medical, and dental records; a contact list of the child's medical, dental, and mental health 
42.28 	providers; and contact information for the child's siblings, if the siblings are in foster care.
42.29 	(e) When a child is age 17 or older, during the 90-day period immediately prior to 
42.30 	the date the child is expected to be discharged from foster care, the responsible social 
42.31 	services agency is required to provide the child with assistance and support in developing 
42.32 	a transition plan that is personalized at the direction of the child. The transition plan 
42.33 	must be as detailed as the child may elect and include specific options on housing, health 
42.34 	insurance, education, local opportunities for mentors and continuing support services, 
42.35 	and work force supports and employment services. The county shall also provide the 
43.1 	individual with appropriate contact information if the individual needs more information 
43.2 	or needs help dealing with a crisis situation through age 21.

43.3 	Sec. 53. Minnesota Statutes 2008, section 260C.301, subdivision 1, is amended to read:
43.4 		Subdivision 1.Voluntary and involuntary. The juvenile court may upon petition, 
43.5 	terminate all rights of a parent to a child:
43.6 	(a) with the written consent of a parent who for good cause desires to terminate 
43.7 	parental rights; or
43.8 	(b) if it finds that one or more of the following conditions exist:
43.9 	(1) that the parent has abandoned the child;
43.10 	(2) that the parent has substantially, continuously, or repeatedly refused or neglected 
43.11 	to comply with the duties imposed upon that parent by the parent and child relationship, 
43.12 	including but not limited to providing the child with necessary food, clothing, shelter, 
43.13 	education, and other care and control necessary for the child's physical, mental, or 
43.14 	emotional health and development, if the parent is physically and financially able, and 
43.15 	either reasonable efforts by the social services agency have failed to correct the conditions 
43.16 	that formed the basis of the petition or reasonable efforts would be futile and therefore 
43.17 	unreasonable;
43.18 	(3) that a parent has been ordered to contribute to the support of the child or 
43.19 	financially aid in the child's birth and has continuously failed to do so without good cause. 
43.20 	This clause shall not be construed to state a grounds for termination of parental rights of a 
43.21 	noncustodial parent if that parent has not been ordered to or cannot financially contribute 
43.22 	to the support of the child or aid in the child's birth;
43.23 	(4) that a parent is palpably unfit to be a party to the parent and child relationship 
43.24 	because of a consistent pattern of specific conduct before the child or of specific conditions 
43.25 	directly relating to the parent and child relationship either of which are determined by 
43.26 	the court to be of a duration or nature that renders the parent unable, for the reasonably 
43.27 	foreseeable future, to care appropriately for the ongoing physical, mental, or emotional 
43.28 	needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent 
43.29 	and child relationship upon a showing that the parent's parental rights to one or more other 
43.30 	children were involuntarily terminated or that the parent's custodial rights to another child 
43.31 	have been involuntarily transferred to a relative under section 260C.201, subdivision 11, 
43.32 	paragraph (e), clause (1), or a similar law of another jurisdiction;  
43.33 	(5) that following the child's placement out of the home, reasonable efforts, under the 
43.34 	direction of the court, have failed to correct the conditions leading to the child's placement. 
43.35 	It is presumed that reasonable efforts under this clause have failed upon a showing that:
44.1 	(i) a child has resided out of the parental home under court order for a cumulative 
44.2 	period of 12 months within the preceding 22 months. In the case of a child under age eight 
44.3 	at the time the petition was filed alleging the child to be in need of protection or services, 
44.4 	the presumption arises when the child has resided out of the parental home under court 
44.5 	order for six months unless the parent has maintained regular contact with the child and 
44.6 	the parent is complying with the out-of-home placement plan;
44.7 	(ii) the court has approved the out-of-home placement plan required under section 
44.8 	260C.212 and filed with the court under section 260C.178;  
44.9 	(iii) conditions leading to the out-of-home placement have not been corrected. It 
44.10 	is presumed that conditions leading to a child's out-of-home placement have not been 
44.11 	corrected upon a showing that the parent or parents have not substantially complied with 
44.12 	the court's orders and a reasonable case plan; and
44.13 	(iv) reasonable efforts have been made by the social services agency to rehabilitate 
44.14 	the parent and reunite the family.
44.15 	This clause does not prohibit the termination of parental rights prior to one year, or 
44.16 	in the case of a child under age eight, prior to six months after a child has been placed 
44.17 	out of the home.
44.18 	It is also presumed that reasonable efforts have failed under this clause upon a 
44.19 	showing that:
44.20 	(A) the parent has been diagnosed as chemically dependent by a professional 
44.21 	certified to make the diagnosis;
44.22 	(B) the parent has been required by a case plan to participate in a chemical 
44.23 	dependency treatment program;
44.24 	(C) the treatment programs offered to the parent were culturally, linguistically, 
44.25 	and clinically appropriate;
44.26 	(D) the parent has either failed two or more times to successfully complete a 
44.27 	treatment program or has refused at two or more separate meetings with a caseworker 
44.28 	to participate in a treatment program; and
44.29 	(E) the parent continues to abuse chemicals.
44.30 	(6) that a child has experienced egregious harm in the parent's care which is of a 
44.31 	nature, duration, or chronicity that indicates a lack of regard for the child's well-being, 
44.32 	such that a reasonable person would believe it contrary to the best interest of the child 
44.33 	or of any child to be in the parent's care;
44.34 	(7) that in the case of a child born to a mother who was not married to the child's 
44.35 	father when the child was conceived nor when the child was born the person is not entitled 
45.1 	to notice of an adoption hearing under section 259.49 and the person has not registered 
45.2 	with the fathers' adoption registry under section 259.52;  
45.3 	(8) that the child is neglected and in foster care; or
45.4 	(9) that the parent has been convicted of a crime listed in section 260.012, paragraph 
45.5 	(b) (g), clauses (1) to (3).  
45.6 	In an action involving an American Indian child, sections 260.751 to 260.835 and 
45.7 	the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control 
45.8 	to the extent that the provisions of this section are inconsistent with those laws.  

45.9 	Sec. 54. Minnesota Statutes 2008, section 270.41, subdivision 5, is amended to read:
45.10 		Subd. 5. Prohibited activity. A licensed assessor or other person employed by an 
45.11 	assessment jurisdiction or contracting with an assessment jurisdiction for the purpose 
45.12 	of valuing or classifying property for property tax purposes is prohibited from making 
45.13 	appraisals or analyses, accepting an appraisal assignment, or preparing an appraisal report 
45.14 	as defined in section 82B.02, subdivisions 2 to 5 82B.021, subdivisions 2, 4, 6, and 7, 
45.15 	on any property within the assessment jurisdiction where the individual is employed or 
45.16 	performing the duties of the assessor under contract. Violation of this prohibition shall 
45.17 	result in immediate revocation of the individual's license to assess property for property tax 
45.18 	purposes. This prohibition must not be construed to prohibit an individual from carrying 
45.19 	out any duties required for the proper assessment of property for property tax purposes. 
45.20 	If a formal resolution has been adopted by the governing body of a governmental unit, 
45.21 	which specifies the purposes for which such work will be done, this prohibition does not 
45.22 	apply to appraisal activities undertaken on behalf of and at the request of the governmental 
45.23 	unit that has employed or contracted with the individual. The resolution may only allow 
45.24 	appraisal activities which are related to condemnations, right-of-way acquisitions, or 
45.25 	special assessments. 

45.26 	Sec. 55. Minnesota Statutes 2009 Supplement, section 270.97, is amended to read:
45.27 	270.97 DEPOSIT OF REVENUES.
45.28 	The commissioner shall deposit all revenues derived from the tax, interest, and 
45.29 	penalties received from the county in the contaminated site cleanup and development 
45.30 	account in the general fund, and money in the account is annually appropriated to the 
45.31 	commissioner of the Department of Employment and Economic Development, for the 
45.32 	purposes of section 116J.551.

46.1 	Sec. 56. Minnesota Statutes 2009 Supplement, section 270C.445, subdivision 7, 
46.2 	is amended to read:
46.3 		Subd. 7.Enforcement; civil actions. (a) Any violation of this section is an unfair, 
46.4 	deceptive, and unlawful trade practice within the meaning of section 8.31. An action taken 
46.5 	under this section 8.31 is in the public interest.
46.6 	(b) A client may bring a civil action seeking redress for a violation of this section in 
46.7 	the conciliation or the district court of the county in which unlawful action is alleged to 
46.8 	have been committed or where the respondent resides or has a principal place of business.
46.9 	(c) A court finding for the plaintiff must award:
46.10 	(1) actual damages;
46.11 	(2) incidental and consequential damages;
46.12 	(3) statutory damages of twice the sum of: (i) the tax preparation fees; and (ii) if the 
46.13 	plaintiff violated subdivision 3a, 4, or 5b, all interest and fees for a refund anticipation 
46.14 	loan;
46.15 	(4) reasonable attorney fees;
46.16 	(5) court costs; and
46.17 	(6) any other equitable relief as the court considers appropriate.

46.18 	Sec. 57. Minnesota Statutes 2008, section 273.1115, subdivision 1, is amended to read:
46.19 		Subdivision 1.Definitions. For purposes of this section, "commercial aggregate 
46.20 	deposit" and "actively mined" have the meanings given them in section 273.13, 
46.21 	subdivision 23, paragraph (l) (m).

46.22 	Sec. 58. Minnesota Statutes 2008, section 273.1115, subdivision 3, is amended to read:
46.23 		Subd. 3.Application. Application for valuation deferment under this section 
46.24 	must be filed by May 1 of the assessment year. Any application filed and granted 
46.25 	continues in effect for subsequent years until the property no longer qualifies, provided 
46.26 	that supplemental affidavits under subdivision 8 are timely filed. The application must 
46.27 	be filed with the assessor of the county in which the real property is located on such 
46.28 	form as may be prescribed by the commissioner of revenue. The application must be 
46.29 	executed and acknowledged in the manner required by law to execute and acknowledge a 
46.30 	deed and must contain at least the following information and any other information the 
46.31 	commissioner deems necessary:
46.32 	(1) the legal description of the area;
46.33 	(2) the name and address of owner;
47.1 	(3) a copy of the affidavit filed under section 273.13, subdivision 23, paragraph (l)
47.2 	(m), when property is classified as:
47.3 	(i) 1b under section 273.13, subdivision 22, paragraph (b);
47.4 	(ii) 2a under section 273.13, subdivision 23;
47.5 	(iii) 2b under section 273.13, subdivision 23; or
47.6 	(iv) 2e under section 273.13, subdivision 23, paragraph (l) (m).
47.7 	In other cases, the application must include a similar document with the same 
47.8 	information as contained in the affidavit under section 273.13, subdivision 23, paragraph 
47.9 	(l) (m); and
47.10 	(4) a statement of proof from the owner that the land contains a restrictive covenant 
47.11 	limiting its use for the property's surface to that which exists on the date of the application 
47.12 	and limiting its future use to the preparation and removal of the commercial aggregate 
47.13 	deposit under its surface. To qualify under this clause, the covenant must be binding on 
47.14 	the owner or the owner's successor or assignee, and run with the land, except as provided 
47.15 	in subdivision 5 allowing for the cancellation of the covenant under certain conditions.

47.16 	Sec. 59. Minnesota Statutes 2008, section 273.124, subdivision 11, is amended to read:
47.17 		Subd. 11.Limitation on homestead treatment Property classified as homestead 
47.18 	and nonhomestead; reduction. (a) For taxes payable in 2003 through 2005 only, if the 
47.19 	assessor has classified a property as both homestead and nonhomestead, the greater of:
47.20 	(1) the value attributable to the portion of the property used as a homestead; or
47.21 	(2) the homestead value amount determined under paragraph (b), is entitled to 
47.22 	assessment as a homestead under section 273.13, subdivision 22 or 23.  
47.23 	(b) For taxes payable in 2003 only, the homestead value amount is $60,000. For 
47.24 	taxes payable in 2004 only, the homestead value amount is $45,000. For taxes payable in 
47.25 	2005 only, the homestead value amount is $30,000.
47.26 	The homestead value amount must not exceed the property's taxable market value.
47.27 	(c) If the assessor has classified a property as both homestead and nonhomestead, the 
47.28 	reductions in tax provided under sections 273.135 and 273.1391 apply to the value of both 
47.29 	the homestead and the nonhomestead portions of the property.  

47.30 	Sec. 60. Minnesota Statutes 2008, section 290.0921, subdivision 3a, is amended to 
47.31 	read:
47.32 		Subd. 3a.Exemptions. The following entities are exempt from the tax imposed 
47.33 	by this section:
48.1 	(1) cooperatives taxable under subchapter T of the Internal Revenue Code or 
48.2 	organized under chapter 308 or a similar law of another state;
48.3 	(2) corporations subject to tax under section 60A.15, subdivision 1 297I.05, 
48.4 	subdivisions 1 to 5; 
48.5 	(3) real estate investment trusts;
48.6 	(4) regulated investment companies or a fund thereof;
48.7 	(5) entities having a valid election in effect under section 860D(b) of the Internal 
48.8 	Revenue Code; and
48.9 	(6) small corporations exempt from the federal alternative minimum tax under 
48.10 	section 55(e) of the Internal Revenue Code.

48.11 	Sec. 61. Minnesota Statutes 2008, section 297A.61, subdivision 3, is amended to read:
48.12 		Subd. 3. Sale and purchase. (a) "Sale" and "purchase" include, but are not limited 
48.13 	to, each of the transactions listed in this subdivision. 
48.14 	(b) Sale and purchase include: 
48.15 	(1) any transfer of title or possession, or both, of tangible personal property, whether 
48.16 	absolutely or conditionally, for a consideration in money or by exchange or barter; and 
48.17 	(2) the leasing of or the granting of a license to use or consume, for a consideration 
48.18 	in money or by exchange or barter, tangible personal property, other than a manufactured 
48.19 	home used for residential purposes for a continuous period of 30 days or more. 
48.20 	(c) Sale and purchase include the production, fabrication, printing, or processing of 
48.21 	tangible personal property for a consideration for consumers who furnish either directly or 
48.22 	indirectly the materials used in the production, fabrication, printing, or processing. 
48.23 	(d) Sale and purchase include the preparing for a consideration of food. 
48.24 	Notwithstanding section 297A.67, subdivision 2, taxable food includes, but is not limited 
48.25 	to, the following: 
48.26 	(1) prepared food sold by the retailer; 
48.27 	(2) soft drinks; 
48.28 	(3) candy; 
48.29 	(4) dietary supplements; and 
48.30 	(5) all food sold through vending machines. 
48.31 	(e) A sale and a purchase includes the furnishing for a consideration of electricity, 
48.32 	gas, water, or steam for use or consumption within this state. 
48.33 	(f) A sale and a purchase includes the transfer for a consideration of prewritten 
48.34 	computer software whether delivered electronically, by load and leave, or otherwise. 
49.1 	(g) A sale and a purchase includes the furnishing for a consideration of the following 
49.2 	services: 
49.3 	(1) the privilege of admission to places of amusement, recreational areas, or athletic 
49.4 	events, and the making available of amusement devices, tanning facilities, reducing 
49.5 	salons, steam baths, Turkish baths, health clubs, and spas or athletic facilities; 
49.6 	(2) lodging and related services by a hotel, rooming house, resort, campground, 
49.7 	motel, or trailer camp, including furnishing the guest of the facility with access to 
49.8 	telecommunication services, and the granting of any similar license to use real property 
49.9 	in a specific facility, other than the renting or leasing of it for a continuous period of 
49.10 	30 days or more under an enforceable written agreement that may not be terminated 
49.11 	without prior notice; 
49.12 	(3) nonresidential parking services, whether on a contractual, hourly, or other 
49.13 	periodic basis, except for parking at a meter; 
49.14 	(4) the granting of membership in a club, association, or other organization if: 
49.15 	(i) the club, association, or other organization makes available for the use of its 
49.16 	members sports and athletic facilities, without regard to whether a separate charge is 
49.17 	assessed for use of the facilities; and 
49.18 	(ii) use of the sports and athletic facility is not made available to the general public 
49.19 	on the same basis as it is made available to members. 
49.20 	Granting of membership means both onetime initiation fees and periodic membership 
49.21 	dues. Sports and athletic facilities include golf courses; tennis, racquetball, handball, and 
49.22 	squash courts; basketball and volleyball facilities; running tracks; exercise equipment; 
49.23 	swimming pools; and other similar athletic or sports facilities; 
49.24 	(5) delivery of aggregate materials by a third party, excluding delivery of aggregate 
49.25 	material used in road construction, and delivery of concrete block by a third party if 
49.26 	the delivery would be subject to the sales tax if provided by the seller of the concrete 
49.27 	block; and 
49.28 	(6) services as provided in this clause: 
49.29 	(i) laundry and dry cleaning services including cleaning, pressing, repairing, altering, 
49.30 	and storing clothes, linen services and supply, cleaning and blocking hats, and carpet, 
49.31 	drapery, upholstery, and industrial cleaning. Laundry and dry cleaning services do not 
49.32 	include services provided by coin operated facilities operated by the customer; 
49.33 	(ii) motor vehicle washing, waxing, and cleaning services, including services 
49.34 	provided by coin operated facilities operated by the customer, and rustproofing, 
49.35 	undercoating, and towing of motor vehicles; 
50.1 	(iii) building and residential cleaning, maintenance, and disinfecting services and 
50.2 	pest control and exterminating services; 
50.3 	(iv) detective, security, burglar, fire alarm, and armored car services; but not 
50.4 	including services performed within the jurisdiction they serve by off-duty licensed peace 
50.5 	officers as defined in section 626.84, subdivision 1, or services provided by a nonprofit 
50.6 	organization for monitoring and electronic surveillance of persons placed on in-home 
50.7 	detention pursuant to court order or under the direction of the Minnesota Department 
50.8 	of Corrections; 
50.9 	(v) pet grooming services; 
50.10 	(vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting 
50.11 	and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; indoor 
50.12 	plant care; tree, bush, shrub, and stump removal, except when performed as part of a land 
50.13 	clearing contract as defined in section 297A.68, subdivision 40; and tree trimming for 
50.14 	public utility lines. Services performed under a construction contract for the installation of 
50.15 	shrubbery, plants, sod, trees, bushes, and similar items are not taxable; 
50.16 	(vii) massages, except when provided by a licensed health care facility or 
50.17 	professional or upon written referral from a licensed health care facility or professional for 
50.18 	treatment of illness, injury, or disease; and 
50.19 	(viii) the furnishing of lodging, board, and care services for animals in kennels and 
50.20 	other similar arrangements, but excluding veterinary and horse boarding services. 
50.21 	In applying the provisions of this chapter, the terms "tangible personal property" 
50.22 	and "retail sale" include taxable services listed in clause (6), items (i) to (vi) and (viii), 
50.23 	and the provision of these taxable services, unless specifically provided otherwise. 
50.24 	Services performed by an employee for an employer are not taxable. Services performed 
50.25 	by a partnership or association for another partnership or association are not taxable if 
50.26 	one of the entities owns or controls more than 80 percent of the voting power of the 
50.27 	equity interest in the other entity. Services performed between members of an affiliated 
50.28 	group of corporations are not taxable. For purposes of the preceding sentence, "affiliated 
50.29 	group of corporations" means those entities that would be classified as members of an 
50.30 	affiliated group as defined under United States Code, title 26, section 1504, disregarding 
50.31 	the exclusions in section 1504(b). 
50.32 	For purposes of clause (5), "road construction" means construction of (1) public 
50.33 	roads, (2) cartways, and (3) private roads in townships located outside of the seven-county 
50.34 	metropolitan area up to the point of the emergency response location sign. 
50.35 	(h) A sale and a purchase includes the furnishing for a consideration of tangible 
50.36 	personal property or taxable services by the United States or any of its agencies or 
51.1 	instrumentalities, or the state of Minnesota, its agencies, instrumentalities, or political 
51.2 	subdivisions. 
51.3 	(i) A sale and a purchase includes the furnishing for a consideration of 
51.4 	telecommunications services, ancillary services associated with telecommunication 
51.5 	services, cable television services, direct satellite services, and ring tones. 
51.6 	Telecommunication services include, but are not limited to, the following services, 
51.7 	as defined in section 297A.669: air-to-ground radiotelephone service, mobile 
51.8 	telecommunication service, postpaid calling service, prepaid calling service, prepaid 
51.9 	wireless calling service, and private communication services. The services in this 
51.10 	paragraph are taxed to the extent allowed under federal law. 
51.11 	(j) A sale and a purchase includes the furnishing for a consideration of installation if 
51.12 	the installation charges would be subject to the sales tax if the installation were provided 
51.13 	by the seller of the item being installed. 
51.14 	(k) A sale and a purchase includes the rental of a vehicle by a motor vehicle dealer 
51.15 	to a customer when (1) the vehicle is rented by the customer for a consideration, or (2) 
51.16 	the motor vehicle dealer is reimbursed pursuant to a service contract as defined in section 
51.17 	65B.29 59B.02, subdivision 1, clause (1) 11. 

51.18 	Sec. 62. Minnesota Statutes 2009 Supplement, section 299A.61, subdivision 1, is 
51.19 	amended to read:
51.20 		Subdivision 1.Establishment. The commissioner of public safety, in cooperation 
51.21 	with the commissioner of administration Office of Enterprise Technology, shall develop 
51.22 	and maintain an integrated criminal alert network to facilitate the communication of 
51.23 	crime prevention information by electronic means among state agencies, law enforcement 
51.24 	officials, and the private sector. The network shall disseminate data regarding the 
51.25 	commission of crimes, including information on missing and endangered children or 
51.26 	vulnerable adults, and attempt to reduce theft and other crime by the use of electronic 
51.27 	transmission of information. In addition, the commissioner shall evaluate the feasibility 
51.28 	of using the network to disseminate data regarding the use of fraudulent checks and 
51.29 	the coordination of security and antiterrorism efforts with the Federal Bureau of 
51.30 	Investigation. If the commissioner determines that one or both of these uses are feasible, 
51.31 	the commissioner shall ensure that the network disseminates data in the area or areas 
51.32 	determined to be feasible.

51.33 	Sec. 63. Minnesota Statutes 2008, section 309.72, is amended to read:
51.34 	309.72 ACQUISITION OF INTERESTS IN INSURANCE.
52.1 	An organization described in section 170(c) of the Internal Revenue Code of 1986, 
52.2 	as amended through December 31, 1991, may purchase, accept, or otherwise acquire an 
52.3 	interest in a life insurance policy as beneficiary or owner, as provided in section 61A.073
52.4 	60A.0783, subdivision 2, paragraph (f).  

52.5 	Sec. 64. Minnesota Statutes 2008, section 325F.675, subdivision 6, is amended to read:
52.6 		Subd. 6. Nonapplicability to telephone companies.  No provisions of this section 
52.7 	shall be construed to prohibit a telephone company from obtaining, using, disclosing, or 
52.8 	permitting access to any telephone record, either directly or indirectly, through its agents: 
52.9 	(1) unless prohibited by law; 
52.10 	(2) with the lawful consent of the customer or subscriber; 
52.11 	(3) as may be necessarily incident to the rendition of the service, to initiate, render, 
52.12 	bill, and collect customer charges, or to the protection of the rights or property of the 
52.13 	provider of that service, or to protect users of those services and other carriers from 
52.14 	fraudulent, abusive, or unlawful use of, or subscription to, such services; 
52.15 	(4) in connection with the sale or transfer of all or part of a business, or the purchase 
52.16 	or acquisition of a portion or all of a business, or the migration of a customer from one 
52.17 	carrier to another; 
52.18 	(5) to a governmental entity, if the telephone company reasonably believes that an 
52.19 	emergency involving immediate danger of death or serious physical injury to any person 
52.20 	justifies disclosure of the information; or 
52.21 	(6) to the National Center for Missing and Exploited Children, in connection with 
52.22 	a report submitted under section 227 226 of the federal Victims of Child Abuse Act of 
52.23 	1990, Public Law 101-647. 

52.24 	Sec. 65. Minnesota Statutes 2008, section 325F.732, subdivision 2, is amended to read:
52.25 		Subd. 2.Scope. The requirements of Laws 1981, chapter 333, sections 1 to 17 do 
52.26 	not apply to the following:
52.27 	(1) transactions at occasional "garage" or "yard" sales, or estate sales or farm 
52.28 	auctions held at the decedent's residence, except that precious metal dealers must comply 
52.29 	with the requirements of sections 325F.734 to 325F.742 for these transactions; 
52.30 	(2) transactions regulated by chapter 80A;
52.31 	(3) transactions regulated by the Federal Commodity Futures Commission Act, 
52.32 	Public Law 93-463;
53.1 	(4) transactions involving the purchase of precious metal grindings, filings, slag, 
53.2 	sweeps, scraps, or dust from an industrial manufacturer, dental lab, dentist, or agent 
53.3 	thereof;
53.4 	(5) transactions involving the purchase of photographic film, such as lithographic and 
53.5 	X-ray film, or silver residue or flake recovered in lithographic and X-ray film processing;
53.6 	(6) transactions involving coins, bullion, or ingots;
53.7 	(7) transactions in which the second hand item containing precious metal is 
53.8 	exchanged for a new item containing precious metal and the value of the new item exceeds 
53.9 	the value of the secondhand item, except that a natural person, partnership or corporation 
53.10 	who is a precious metal dealer by engaging in a transaction which is not exempted by this 
53.11 	section must comply with the requirements of sections 325F.734 to 325F.742;
53.12 	(8) transactions between precious metal dealers if both dealers are licensed under 
53.13 	section 325F.733 or if the seller's business is located outside of the state and the item is 
53.14 	shipped from outside the state to a dealer licensed under section 325F.733;
53.15 	(9) transactions in which the buyer of the secondhand item containing precious 
53.16 	metal is engaged primarily in the business of buying and selling antiques, and the items 
53.17 	are resold in an unaltered condition except for repair, and the items are resold at retail, 
53.18 	and the buyer paid less than $2,500 for secondhand items containing precious metals 
53.19 	purchased within any period of 12 consecutive months.

53.20 	Sec. 66. Minnesota Statutes 2008, section 332.37, is amended to read:
53.21 	332.37 PROHIBITED PRACTICES.
53.22 	No collection agency or collector shall:
53.23 	(1) in collection letters or publications, or in any communication, oral or written 
53.24 	threaten wage garnishment or legal suit by a particular lawyer, unless it has actually 
53.25 	retained the lawyer;
53.26 	(2) use or employ sheriffs or any other officer authorized to serve legal papers in 
53.27 	connection with the collection of a claim, except when performing their legally authorized 
53.28 	duties;
53.29 	(3) use or threaten to use methods of collection which violate Minnesota law;
53.30 	(4) furnish legal advice or otherwise engage in the practice of law or represent that 
53.31 	it is competent to do so;
53.32 	(5) communicate with debtors in a misleading or deceptive manner by using the 
53.33 	stationery of a lawyer, forms or instruments which only lawyers are authorized to prepare, 
53.34 	or instruments which simulate the form and appearance of judicial process;
54.1 	(6) exercise authority on behalf of a creditor to employ the services of lawyers 
54.2 	unless the creditor has specifically authorized the agency in writing to do so and the 
54.3 	agency's course of conduct is at all times consistent with a true relationship of attorney 
54.4 	and client between the lawyer and the creditor;
54.5 	(7) publish or cause to be published any list of debtors except for credit reporting 
54.6 	purposes, use shame cards or shame automobiles, advertise or threaten to advertise for 
54.7 	sale any claim as a means of forcing payment thereof, or use similar devices or methods 
54.8 	of intimidation;
54.9 	(8) refuse to return any claim or claims and all valuable papers deposited with a 
54.10 	claim or claims upon written request of the creditor, claimant or forwarder after tender 
54.11 	of the amounts due and owing to the agency within 30 days after the request; refuse or 
54.12 	intentionally fail to account to its clients for all money collected within 30 days from the 
54.13 	last day of the month in which the same is collected; or, refuse or fail to furnish at intervals 
54.14 	of not less than 90 days upon written request of the claimant or forwarder, a written report 
54.15 	upon claims received from the claimant or forwarder;
54.16 	(9) operate under a name or in a manner which implies that the agency is a branch 
54.17 	of or associated with any department of federal, state, county or local government or 
54.18 	an agency thereof;
54.19 	(10) commingle money collected for a customer with the agency's operating funds 
54.20 	or use any part of a customer's money in the conduct of the agency's business;
54.21 	(11) transact business or hold itself out as a debt prorater, debt adjuster, or any 
54.22 	person who settles, adjusts, prorates, pools, liquidates or pays the indebtedness of a debtor, 
54.23 	unless there is no charge to the debtor, or the pooling or liquidation is done pursuant to 
54.24 	court order or under the supervision of a creditor's committee;
54.25 	(12) violate any of the provisions of the Fair Debt Collection Practices Act of 1977, 
54.26 	Public Law 95-109,  while attempting to collect on any account, bill or other indebtedness;
54.27 	(13) communicate with a debtor by use of a recorded message utilizing an automatic 
54.28 	dialing announcing device unless the recorded message is immediately preceded by a live 
54.29 	operator who discloses prior to the message the name of the collection agency and the 
54.30 	fact the message intends to solicit payment and the operator obtains the consent of the 
54.31 	debtor to hearing the message;
54.32 	(14) in collection letters or publications, or in any communication, oral or written, 
54.33 	imply or suggest that health care services will be withheld in an emergency situation;
54.34 	(15) when a debtor has a listed telephone number, enlist the aid of a neighbor or 
54.35 	third party to request that the debtor contact the licensee or collector, except a person who 
54.36 	resides with the debtor or a third party with whom the debtor has authorized the licensee 
55.1 	or collector to place the request. This clause does not apply to a call back message left at 
55.2 	the debtor's place of employment which is limited to the licensee's or collector's telephone 
55.3 	number and name;
55.4 	(16) when attempting to collect a debt, fail to provide the debtor with the full name 
55.5 	of the collection agency as it appears on its license;
55.6 	(17) collect any money from a debtor that is not reported to a creditor or fail to 
55.7 	return any amount of overpayment from a debtor to the debtor or to the state of Minnesota 
55.8 	pursuant to the requirements of chapter 345;
55.9 	(18) accept currency or coin as payment for a debt without issuing an original receipt 
55.10 	to the debtor and maintaining a duplicate receipt in the debtor's payment records;
55.11 	(19) attempt to collect any amount of money from a debtor or charge a fee to a 
55.12 	creditor that is not authorized by agreement with the client;
55.13 	(20) falsify any collection agency documents with the intent to deceive a debtor, 
55.14 	creditor, or governmental agency; or
55.15 	(21) when initially contacting a Minnesota debtor by mail, fail to include a disclosure 
55.16 	on the contact notice, in a type size or font which is equal to or larger than the largest other 
55.17 	type of type size or font used in the text of the notice. The disclosure must state: "This 
55.18 	collection agency is licensed by the Minnesota Department of Commerce."

55.19 	Sec. 67. Minnesota Statutes 2008, section 332.40, subdivision 2, is amended to read:
55.20 		Subd. 2.Other examinations. The commissioner may investigate within or 
55.21 	without this state as the commissioner deems necessary to determine whether any person 
55.22 	has violated any provision of the Fair Debt Collection Practices Act of 1977, Public Law 
55.23 	95-109 or of sections 332.31 to 332.45, or any rule or order thereunder; to determine 
55.24 	whether a license or registration should be issued, renewed, or revoked; to aid in the 
55.25 	enforcement of sections 332.31 to 332.45; or in prescribing rules and forms thereunder. 
55.26 	The commissioner may publish information concerning any violation of sections 332.31
55.27 	to 332.45 or any rule or order thereunder.  

55.28 	Sec. 68. Minnesota Statutes 2008, section 332.52, subdivision 3, is amended to read:
55.29 		Subd. 3.Credit services organization. (a) "Credit services organization" means 
55.30 	any person that, with respect to the extension of credit by others, sells, provides, performs, 
55.31 	or represents that the person will sell, provide, or perform, in return for the payment of 
55.32 	money or other valuable consideration, any of the following services:
55.33 	(1) improve a buyer's credit record, history, or rating;
55.34 	(2) obtain an extension of credit for a buyer; or
56.1 	(3) provide advice or assistance to a buyer with regard to either clause (1) or (2).
56.2 	(b) "Credit services organization" does not include:
56.3 	(1) any person authorized to make loans or extensions of credit under the laws of 
56.4 	this state or the United States, if the person is subject to regulation and supervision by this 
56.5 	state or the United States or a lender approved by the United States Secretary of Housing 
56.6 	and Urban Development for participation in any mortgage insurance program under the 
56.7 	National Housing Act, United States Code, title 12, section 1701 et seq.;
56.8 	(2) any bank, savings bank, or savings and loan institution whose deposits or 
56.9 	accounts are eligible for insurance by the Federal Deposit Insurance Corporation or a 
56.10 	subsidiary of the bank, savings bank, or savings and loan institution;
56.11 	(3) any credit union, federal credit union, or out-of-state credit union doing business 
56.12 	in this state;
56.13 	(4) any nonprofit organization exempt from taxation under section 501(c)(3) of the 
56.14 	Internal Revenue Code of 1986, as amended through December 31, 1990;
56.15 	(5) any person licensed as a prorating agency under the laws of this state if the 
56.16 	person is acting within the course and scope of that license;
56.17 	(6) any person licensed as a real estate broker by this state if the person is acting 
56.18 	within the course and scope of that license;
56.19 	(7) any person licensed as a collection agency under the laws of this state if the 
56.20 	person is acting within the course and scope of that license;
56.21 	(8) any person licensed to practice law in this state if the person renders services 
56.22 	within the course and scope of practice as an attorney;
56.23 	(9) any broker-dealer registered with the Securities and Exchange Commission 
56.24 	or the Commodity Futures Trading Commission if the broker-dealer is acting within 
56.25 	the course and scope of that regulation; or
56.26 	(10) any consumer reporting agency as defined in the federal Fair Credit Reporting 
56.27 	Act, United States Code, title 15, sections 1681 to 1681t, as amended through December 
56.28 	31, 1990.

56.29 	Sec. 69. Minnesota Statutes 2009 Supplement, section 332B.07, subdivision 1, is 
56.30 	amended to read:
56.31 		Subdivision 1.Debtor's right to cancel. (a) A debtor has the right to cancel a debt 
56.32 	settlement services agreement without cause at any time upon ten days' written notice 
56.33 	to the debt settlement services provider.
56.34 	(b) In the event of cancellation, the debt settlement services provider must, within 
56.35 	ten days of the cancellation, notify the debtor's creditors with whom the debt settlement 
57.1 	services provider is or has been, under the terms of the debt settlement agreement, in 
57.2 	communication, of the cancellation and immediately refund all fees paid by the debtor to 
57.3 	the debt settlement services provider that exceed the fees allowed under section 332B.09.
57.4 	(c) Upon cancellation, the debt settlement services provider must cease collection of 
57.5 	any monthly fees beginning in the month following cancellation.
57.6 	(d) Notwithstanding paragraph (c), a debt settlement services provider is entitled to 
57.7 	the full amount of the fees provided for in the debt settlement services agreement if the 
57.8 	provider can show that:
57.9 	(1) the provider obtained a settlement offer from the creditor or creditors in 
57.10 	accordance with the debt settlement services agreement;
57.11 	(2) the debtor rejected the settlement offer; or
57.12 	(3) within the period contemplated in the debt settlement services agreement, the 
57.13 	debtor entered into a settlement agreement with the same creditor or creditors for an 
57.14 	amount equal to or lower than the settlement offer obtained by the provider.

57.15 	Sec. 70. Minnesota Statutes 2009 Supplement, section 332B.07, subdivision 4, is 
57.16 	amended to read:
57.17 		Subd. 4.Debt settlement services provider's right to cancel. (a) A debt settlement 
57.18 	services provider may cancel a debt settlement services agreement with good cause upon 
57.19 	30 days' written notice to the debtor.
57.20 	(b) Within ten days after the cancellation, the debt settlement services provider 
57.21 	must notify the debtor's creditors with whom the debt settlement services provider is or 
57.22 	has been, under the terms of the debt settlement services agreement, in communication, 
57.23 	of the cancellation.
57.24 	(c) Upon cancellation, the debt settlement services provider must cease collection of 
57.25 	any monthly fees beginning in the month following cancellation.
57.26 	(d) A debt settlement services provider is entitled to the full amount of the fees 
57.27 	provided for in the debt settlement services agreement if the provider can show that:
57.28 	(1) the provider obtained a settlement offer from the creditor or creditors in 
57.29 	accordance with the debt settlement services agreement;
57.30 	(2) the debtor rejected the settlement offer; or
57.31 	(3) within the period contemplated in the debt settlement services agreement, the 
57.32 	debtor entered into a settlement agreement with the same creditor or creditors for an 
57.33 	amount equal to or lower than the settlement offer obtained by the provider.

58.1 	Sec. 71. Minnesota Statutes 2009 Supplement, section 332B.09, subdivision 3, is 
58.2 	amended to read:
58.3 		Subd. 3.Fees as a percentage of savings. (a) The total amount of the fees claimed, 
58.4 	demanded, charged, collected, or received under this subdivision shall be calculated as 30 
58.5 	percent of the savings actually negotiated by the debt settlement services provider. The 
58.6 	savings shall be calculated as the difference between the aggregate debt that is stated 
58.7 	in the debt settlement services agreement at the time of its execution and total amount 
58.8 	that the debtor actually pays to settle all the debts stated in the debt settlement services 
58.9 	agreement, provided that only savings resulting from concessions actually negotiated by 
58.10 	the debt settlement services provider may be counted. A debt settlement services provider 
58.11 	that calculates fees as a percentage of debt savings may:
58.12 	(1) charge an origination fee, which may be designated by the debt settlement 
58.13 	services provider as nonrefundable, of:
58.14 	(i) $300 on aggregate debt of less than $20,000; or
58.15 	(ii) $500 on aggregate debt of $20,000 or more;
58.16 	(2) charge a monthly fee of:
58.17 	(i) no greater than $65 on aggregate debt of less than $40,000; and
58.18 	(ii) no greater than $75 on aggregate debt of $40,000 or more; and
58.19 	(3) charge a settlement fee for the remainder of the allowable fees, which may be 
58.20 	demanded and collected no earlier than upon delivery to the debt settlement services 
58.21 	provider by a creditor of a bona fide, final written settlement offer consistent with the 
58.22 	terms of the debt settlement services agreement. A settlement fee may be assessed for each 
58.23 	debt settled, but the sum total of the origination fee, the monthly fee, and the settlement 
58.24 	fee may not exceed 30 percent of the savings, as calculated under paragraph (a).
58.25 	(b) The collection of monthly fees shall cease under this subdivision when the 
58.26 	total of monthly fees and the origination fee equals 50 percent of the total fees allowable 
58.27 	under this subdivision. For the purposes of this subdivision, 50 percent of the total fees 
58.28 	allowable shall assume a settlement of 50 cents on the dollar.
58.29 	(c) In no event may more than 50 percent of the total amount of fees allowable be 
58.30 	claimed, demanded, charged, collected, or received by a debt settlement services provider 
58.31 	any earlier than upon delivery to the debt settlement services provider by a creditor of a 
58.32 	bona fide, final written settlement offer consistent with the terms of the debt settlement 
58.33 	services agreement.

58.34 	Sec. 72. Minnesota Statutes 2008, section 374.02, is amended to read:
58.35 	374.02 EXPENSE DIVIDED.
59.1 	The county and city shall share equally in the cost of acquiring land for constructing, 
59.2 	equipping, and furnishing the building. The building shall not be constructed or contracted 
59.3 	to be constructed, no land shall be acquired, and no bonds shall be issued or sold by the 
59.4 	county, as provided in section 374.03, until the city has been authorized to issue bonds to 
59.5 	pay its share of the cost and the ordinances providing for the bond issue have been ratified 
59.6 	by the vote of the electors of the city in the manner provided in the city charter or by law.  

59.7 	Sec. 73. Minnesota Statutes 2009 Supplement, section 424A.02, subdivision 10, 
59.8 	is amended to read:
59.9 		Subd. 10.Local approval of bylaw amendments; filing requirements. (a) Each 
59.10 	defined benefit relief association to which this section applies must file a revised copy 
59.11 	of its governing bylaws with the state auditor upon the adoption of any amendment to 
59.12 	its governing bylaws by the relief association or upon the approval of any amendment 
59.13 	to its governing bylaws granted by the governing body of each municipality served by 
59.14 	the fire department to which the relief association is directly associated. Failure of the 
59.15 	relief association to file a copy of the bylaws or any bylaw amendments with the state 
59.16 	auditor disqualifies the municipality from the distribution of any future fire state aid until 
59.17 	this filing requirement has been completed.
59.18 	(b) If the special fund of the relief association does not have a surplus over full 
59.19 	funding under section 69.772, subdivision 3, clause (2), subclause (e) paragraph (c), 
59.20 	clause (5), or 69.773, subdivision 4, and if the municipality is required to provide financial 
59.21 	support to the special fund of the relief association under section 69.772 or 69.773, no 
59.22 	bylaw amendment which would affect the amount of, the manner of payment of, or the 
59.23 	conditions for qualification for service pensions or ancillary benefits or disbursements 
59.24 	other than administrative expenses authorized under section 69.80 payable from the 
59.25 	special fund of the relief association is effective until it has been ratified by the governing 
59.26 	body or bodies of the appropriate municipalities. If the municipality is not required to 
59.27 	provide financial support to the special fund under this section, the relief association may 
59.28 	adopt or amend without municipal ratification its articles of incorporation or bylaws 
59.29 	which increase or otherwise affect the service pensions or ancillary benefits payable 
59.30 	from the special fund so long as the changes do not cause the amount of the resulting 
59.31 	increase in the accrued liability of the special fund to exceed 90 percent of the amount 
59.32 	of the surplus over full funding reported in the prior year and the changes do not result 
59.33 	in the financial requirements of the special fund exceeding the expected amount of the 
59.34 	subsequent calendar year's fire state aid to be received by the relief association.
60.1 	(c) If the relief association pays only a lump-sum pension, the financial requirements 
60.2 	are to be determined by the board of trustees following the preparation of an estimate 
60.3 	of the expected increase in the accrued liability and annual accruing liability of the 
60.4 	relief association attributable to the change. If the relief association pays a monthly 
60.5 	benefit service pension, the financial requirements are to be determined by the board of 
60.6 	trustees following either an updated actuarial valuation including the proposed change 
60.7 	or an estimate of the expected actuarial impact of the proposed change prepared by the 
60.8 	actuary of the relief association. If a relief association adopts or amends its articles 
60.9 	of incorporation or bylaws without municipal ratification under this subdivision, and, 
60.10 	subsequent to the amendment or adoption, the financial requirements of the special fund 
60.11 	under this section are such so as to require financial support from the municipality, the 
60.12 	provision which was implemented without municipal ratification is no longer effective 
60.13 	without municipal ratification, and any service pensions or ancillary benefits payable after 
60.14 	that date must be paid only in accordance with the articles of incorporation or bylaws as 
60.15 	amended or adopted with municipal ratification.

60.16 	Sec. 74. Minnesota Statutes 2008, section 469.154, subdivision 3, is amended to read:
60.17 		Subd. 3.Conditions; approval. No municipality or redevelopment agency shall 
60.18 	undertake any project authorized by sections 469.152 to 469.165, except a project referred 
60.19 	to in section 469.153, subdivision 2, paragraph (g) or (j), unless its governing body finds 
60.20 	that the project furthers the purposes stated in section 469.152, nor until the commissioner 
60.21 	has approved the project, on the basis of preliminary information the commissioner 
60.22 	requires, as tending to further the purposes and policies of sections 469.152 to 469.165. 
60.23 	The commissioner may not approve any projects relating to health care facilities except as 
60.24 	permitted under subdivision 6. Approval shall not be deemed to be an approval by the 
60.25 	commissioner or the state of the feasibility of the project or the terms of the revenue 
60.26 	agreement to be executed or the bonds to be issued therefor, and the commissioner shall 
60.27 	state this in communicating approval. 

60.28 	Sec. 75. Minnesota Statutes 2008, section 473.599, subdivision 8, is amended to read:
60.29 		Subd. 8.Reimbursement to state. The commission shall compensate the state for 
60.30 	its contribution from the general fund under Minnesota Statutes 2008, section 240A.08, 
60.31 	plus accrued interest, after payment of basketball and hockey arena debt service, the 
60.32 	necessary and appropriate funding of debt reserve of the basketball and hockey arena and 
60.33 	all expenses of operation, administration, and maintenance and the funding of a capital 
60.34 	reserve for the repair, remodeling and renovation of the basketball and hockey arena. 
61.1 	Compensation paid to the state shall occur at the same time that compensation is paid to the 
61.2 	city of Minneapolis, as provided in paragraph (n) of subdivision 4, on a basis proportionate 
61.3 	to the amount of forbearance of the entertainment tax or surcharge as provided in 
61.4 	paragraph (n) to that date, and the amount of general fund appropriations paid by the state 
61.5 	under Minnesota Statutes 2008, section 240A.08, to that date. No reimbursement will be 
61.6 	paid under this subdivision after (1) the aggregate amount of the appropriations granted 
61.7 	under Minnesota Statutes 2008, section 240A.08, to that time, plus accrued interest, has 
61.8 	been reimbursed under this subdivision, or (2) December 31, 2024, whichever is earlier.  

61.9 	Sec. 76. Minnesota Statutes 2008, section 490.133, is amended to read:
61.10 	490.133 RETIREMENT; TRANSITION PROVISIONS; TRANSFER TO 
61.11 	COURT OF APPEALS.
61.12 	(a) If a judge to whom or to whose survivors benefits would be payable under 
61.13 	Minnesota Statutes 2004, sections 490.101 to 490.12, is elected or appointed to the Court 
61.14 	of Appeals, that judge and the judge's survivors continue to be eligible for benefits under 
61.15 	those sections and not under sections 490.121 to 490.132 490.126.
61.16 	(b) In the case of a judge to whom paragraph (a) applies, the service of the judge in 
61.17 	the Court of Appeals must be added to the prior service as district judge, probate judge, or 
61.18 	judge of any other court of record in determining eligibility and the compensation of a 
61.19 	judge of the Court of Appeals at the time of the judge's death, disability, or retirement is 
61.20 	the "compensation allotted to the office" for the purposes of calculating benefit amounts.
61.21 	(c) All other judges of the Court of Appeals and their survivors are subject to the 
61.22 	retirement and survivor's annuity provisions of this chapter.

61.23 	Sec. 77. Minnesota Statutes 2008, section 507.071, subdivision 16, is amended to read:
61.24 		Subd. 16.Disclaimer by beneficiary. A grantee beneficiary's interest under a 
61.25 	transfer on death deed may be disclaimed as provided in section 501B.86 sections 
61.26 	524.2-1101 to 524.2-1116, or as otherwise provided by law.

61.27 	Sec. 78. Minnesota Statutes 2008, section 515B.1-102, is amended to read:
61.28 	515B.1-102 APPLICABILITY.
61.29 	(a) Except as provided in this section, this chapter, and not chapters 515 and 515A, 
61.30 	applies to all common interest communities created within this state on and after June 
61.31 	1, 1994.
61.32 	(b) The applicability of this chapter to common interest communities created prior to 
61.33 	June 1, 1994, shall be as follows:
62.1 	(1) This chapter shall apply to condominiums created under chapter 515A with 
62.2 	respect to events and circumstances occurring on and after June 1, 1994; provided (i) that 
62.3 	this chapter shall not invalidate the declarations, bylaws or condominium plats of those 
62.4 	condominiums, and (ii) that chapter 515A, and not this chapter, shall govern all rights and 
62.5 	obligations of a declarant of a condominium created under chapter 515A, and the rights 
62.6 	and claims of unit owners against that declarant.
62.7 	(2) The following sections in this chapter apply to condominiums created under 
62.8 	chapter 515: 515B.1-104 (Variation by Agreement); 515B.1-105 (Separate Titles and 
62.9 	Taxation); 515B.1-106 (Applicability of Local Ordinances, Regulations, and Building 
62.10 	Codes); 515B.1-107 (Eminent Domain); 515B.1-108 (Supplemental General Principles 
62.11 	of Law Applicable); 515B.1-109 (Construction Against Implicit Repeal); 515B.1-112
62.12 	(Unconscionable Agreement or Term of Contract); 515B.1-113 (Obligation of Good 
62.13 	Faith); 515B.1-114 (Remedies to be Liberally Administered); 515B.1-115 (Notice); 
62.14 	515B.1-116 (Recording); 515B.2-103 (Construction and Validity of Declaration and 
62.15 	Bylaws); 515B.2-104 (Description of Units); 515B.2-108(d) (Allocation of Interests); 
62.16 	515B.2-109(c) (Common Elements and Limited Common Elements); 515B.2-112
62.17 	(Subdivision or Conversion of Units); 515B.2-113 (Alteration of Units); 515B.2-114
62.18 	(Relocation of Boundaries Between Adjoining Units); 515B.2-115 (Minor Variations 
62.19 	in Boundaries); 515B.2-118 (Amendment of Declaration); 515B.2-119 (Termination 
62.20 	of Common Interest Community); 515B.3-102 (Powers of Unit Owners' Association); 
62.21 	515B.3-103(a), (b), and (g) (Board; Directors and Officers; Period of Declarant Control); 
62.22 	515B.3-107 (Upkeep of Common Interest Community); 515B.3-108 (Meetings); 
62.23 	515B.3-109 (Quorums); 515B.3-110 (Voting; Proxies); 515B.3-111 (Tort and Contract 
62.24 	Liability); 515B.3-112 (Conveyance or Encumbrance of Common Elements); 515B.3-113
62.25 	(Insurance); 515B.3-114 (Reserves; Surplus Funds); 515B.3-115(c), (e), (f), (g), (h), and 
62.26 	(i) (Assessments for Common Expenses); 515B.3-116 (Lien for Assessments); 515B.3-117
62.27 	(Other Liens); 515B.3-118 (Association Records); 515B.3-119 (Association as Trustee); 
62.28 	515B.3-121 (Accounting Controls); 515B.4-107 (Resale of Units); 515B.4-108
62.29 	(Purchaser's Right to Cancel Resale); and 515B.4-116 (Rights of Action; Attorney's Fees). 
62.30 	Section 515B.1-103 (Definitions) shall apply to the extent necessary in construing any of 
62.31 	the sections referenced in this section. Sections 515B.1-105, 515B.1-106, 515B.1-107, 
62.32 	515B.1-116, 515B.2-103, 515B.2-104, 515B.2-118, 515B.3-102, 515B.3-110, 
62.33 	515B.3-111, 515B.3-113, 515B.3-116, 515B.3-117, 515B.3-118, 515B.3-121, 515B.4-107, 
62.34 	515B.4-108, and 515B.4-116 apply only with respect to events and circumstances 
62.35 	occurring on and after June 1, 1994. All other sections referenced in this section apply 
62.36 	only with respect to events and circumstances occurring after July 31, 1999. A section 
63.1 	referenced in this section does not invalidate the declarations, bylaws or condominium 
63.2 	plats of condominiums created before August 1, 1999. But all sections referenced in this 
63.3 	section prevail over the declarations, bylaws, CIC plats, rules and regulations under them, 
63.4 	of condominiums created before August 1, 1999, except to the extent that this chapter 
63.5 	defers to the declarations, bylaws, CIC plats, or rules and regulations issued under them.
63.6 	(3) This chapter shall not apply to cooperatives and planned communities created 
63.7 	prior to June 1, 1994; except by election pursuant to subsection (d), and except that 
63.8 	sections 515B.1-116, subsections (a), (c), (d), and (e), (f), and (h),515B.4-107, and 
63.9 	515B.4-108, apply to all planned communities and cooperatives regardless of when they 
63.10 	are created, unless they are exempt under subsection (e).
63.11 	(c) This chapter shall not invalidate any amendment to the declaration, bylaws 
63.12 	or condominium plat of any condominium created under chapter 515 or 515A if the 
63.13 	amendment was recorded before June 1, 1994. Any amendment recorded on or after June 
63.14 	1, 1994, shall be adopted in conformity with the procedures and requirements specified by 
63.15 	those instruments and by this chapter. If the amendment grants to any person any rights, 
63.16 	powers or privileges permitted by this chapter, all correlative obligations, liabilities and 
63.17 	restrictions contained in this chapter shall also apply to that person.
63.18 	(d) Any condominium created under chapter 515, any planned community or 
63.19 	cooperative which would be exempt from this chapter under subsection (e), or any planned 
63.20 	community or cooperative created prior to June 1, 1994, may elect to be subject to this 
63.21 	chapter, as follows:
63.22 	(1) The election shall be accomplished by recording a declaration or amended 
63.23 	declaration, and a new or amended CIC plat where required, and by approving bylaws or 
63.24 	amended bylaws, which conform to the requirements of this chapter, and which, in the 
63.25 	case of amendments, are adopted in conformity with the procedures and requirements 
63.26 	specified by the existing declaration and bylaws of the common interest community, 
63.27 	and by any applicable statutes.
63.28 	(2) In a condominium, the preexisting condominium plat shall be the CIC plat and 
63.29 	an amended CIC plat shall be required only if the amended declaration or bylaws contain 
63.30 	provisions inconsistent with the preexisting condominium plat. The condominium's CIC 
63.31 	number shall be the apartment ownership number or condominium number originally 
63.32 	assigned to it by the recording officer. In a cooperative in which the unit owners' interests 
63.33 	are characterized as real estate, a CIC plat shall be required. In a planned community, the 
63.34 	preexisting plat recorded pursuant to chapter 505, 508, or 508A, or the part of the plat 
63.35 	upon which the common interest community is located, shall be the CIC plat.
63.36 	(3) The amendment shall comply with section 515B.2-118(a)(3).
64.1 	(4) Except as permitted by paragraph (3), no declarant, affiliate of declarant, 
64.2 	association, master association nor unit owner may acquire, increase, waive, reduce or 
64.3 	revoke any previously existing warranty rights or causes of action that one of said persons 
64.4 	has against any other of said persons by reason of exercising the right of election under 
64.5 	this subsection.
64.6 	(5) A common interest community which elects to be subject to this chapter may, as 
64.7 	a part of the election process, change its form of ownership by complying with section 
64.8 	515B.2-123.
64.9 	(e) Except as otherwise provided in this subsection, this chapter shall not apply, 
64.10 	except by election pursuant to subsection (d), to the following:
64.11 	(1) a planned community which consists of two units, which utilizes a CIC plat 
64.12 	complying with section 515B.2-110(d)(1) and (2), which is not subject to any rights to 
64.13 	subdivide or convert units or to add additional real estate, and which is not subject to a 
64.14 	master association;
64.15 	(2) a common interest community where the units consist solely of separate parcels 
64.16 	of real estate designed or utilized for detached single family dwellings or agricultural 
64.17 	purposes, and where the association or a master association has no obligation to maintain 
64.18 	any building containing a dwelling or any agricultural building;
64.19 	(3) a cooperative where, at the time of creation of the cooperative, the unit owners' 
64.20 	interests in the dwellings as described in the declaration consist solely of proprietary 
64.21 	leases having an unexpired term of fewer than 20 years, including renewal options;
64.22 	(4) planned communities utilizing a CIC plat complying with section 
64.23 	515B.2-110(d)(1) and (2) and cooperatives, which are limited by the declaration to 
64.24 	nonresidential use; or
64.25 	(5) real estate subject only to an instrument or instruments filed primarily for the 
64.26 	purpose of creating or modifying rights with respect to access, utilities, parking, ditches, 
64.27 	drainage, or irrigation.
64.28 	(f) Section 515B.4-101(e) applies to any platted lot or other parcel of real estate that 
64.29 	is subject to a master declaration and is not subject to or is exempt from this chapter.
64.30 	 (g) Section 515B.1-106 shall apply to all common interest communities.

64.31 	Sec. 79. Minnesota Statutes 2009 Supplement, section 524.5-701, is amended to read:
64.32 	524.5-701 DEFINITIONS; SIGNIFICANT CONNECTION FACTORS.
64.33 	(a) In sections 524.5-701 to 524.5-709:
64.34 	(1) "emergency" means a circumstance that likely will result in substantial harm to 
64.35 	a respondent's health, safety, or welfare, and for which the appointment of a guardian is 
65.1 	necessary because no other person has authority and is willing to act on the respondent's 
65.2 	behalf;
65.3 	(2) "home state" means the state in which the respondent was physically present, 
65.4 	including any period of temporary absence, for at least six consecutive months 
65.5 	immediately before the filing of a petition for a protective order or the appointment of a 
65.6 	guardian; or if none, the state in which the respondent was physically present, including 
65.7 	any period of temporary absence, for at least six consecutive months ending within the six 
65.8 	months prior to the filing of the petition; and
65.9 	(3) "significant-connection state" means a state, other than the home state, with 
65.10 	which a respondent has a significant connection other than mere physical presence and in 
65.11 	which substantial evidence concerning the respondent is available.
65.12 	(b) In determining under sections 534.5-703524.5-703 and 524.5-801, paragraph 
65.13 	(e), whether a respondent has a significant connection with a particular state, the court 
65.14 	shall consider:
65.15 	(1) the location of the respondent's family and other persons required to be notified 
65.16 	of the guardianship or protective proceeding;
65.17 	(2) the length of time the respondent at any time was physically present in the state 
65.18 	and the duration of any absence;
65.19 	(3) the location of the respondent's property; and
65.20 	(4) the extent to which the respondent has ties to the state such as voting registration, 
65.21 	state or local tax return filing, vehicle registration, driver's license, social relationship, 
65.22 	and receipt of services.

65.23 	Sec. 80. Minnesota Statutes 2009 Supplement, section 571.914, subdivision 4, is 
65.24 	amended to read:
65.25 		Subd. 4.Duties of financial institution if objection is made to exemption claim.
 65.26 	Upon receipt of a Notice of Objection and Notice of Hearing from the creditor within 
65.27 	the specified seven-day six-day period, the financial institution shall retain the funds 
65.28 	claimed to be exempt. The financial institution shall retain the funds claimed to be exempt 
65.29 	until otherwise ordered by the court, upon mutual agreement of the parties, or until the 
65.30 	garnishment lapses pursuant to section 571.79.

65.31 	Sec. 81. Minnesota Statutes 2009 Supplement, section 626.557, subdivision 20, 
65.32 	is amended to read:
65.33 		Subd. 20.Cause of action for financial exploitation; damages. (a) A vulnerable 
65.34 	adult who is a victim of financial exploitation as defined in section 626.5572, subdivision 
66.1 	9, has a cause of action against a person who committed the financial exploitation. In an 
66.2 	action under this subdivision, the vulnerable adult is entitled to recover damages equal to 
66.3 	three times the amount of compensatory damages or $10,000, whichever is greater.
66.4 	(b) In addition to damages under paragraph (a), the vulnerable adult is entitled to 
66.5 	recover reasonable attorney fees and costs, including reasonable fees for the services of a 
66.6 	guardian or conservator or guardian ad litem incurred in connection with a claim under 
66.7 	this subdivision.
66.8 	(c) An action may be brought under this subdivision regardless of whether there has 
66.9 	been a report or final disposition under this section or a criminal complaint or conviction 
66.10 	related to the financial exploitation.

66.11 	Sec. 82. Laws 2009, chapter 78, article 8, section 22, subdivision 3, is amended to read:
66.12 		Subd. 3.Definitions. For purposes of this section: 
66.13 	(1) "applicant" means a local government unit; 
66.14 	(2) "commissioner" means the commissioner of the Department of Employment and 
66.15 	Economic Development;
66.16 	(3) "eligible transportation project entirely or partially funded by state or federal 
66.17 	funds" means a project that will affect one or more small businesses as a result of 
66.18 	transportation work because the work is anticipated to impair road access for a minimum 
66.19 	period of one month;
66.20 	(4) "local government unit" means a county, statutory or home rule charter city, 
66.21 	town, special district, or other political subdivision;
66.22 	(5) "project" has the meaning given it in Minnesota Statutes, section 161.2415
66.23 	160.165; and
66.24 	(6) "small business" means a business that employs ten or fewer employees and is 
66.25 	located in an area that is adjacent to an eligible project.

66.26 	Sec. 83. Laws 2009, chapter 79, article 10, section 48, is amended to read:
66.27 	Sec. 48. MEDICAL RESPONSE UNIT REIMBURSEMENT PILOT 
66.28 	PROGRAM.
 66.29 	(a) The Department of Public Safety or its contract designee shall collaborate 
66.30 	with the Minnesota Ambulance Association to create the parameters of the medical 
66.31 	response unit reimbursement pilot program, including determining criteria for baseline 
66.32 	data reporting.
67.1 	(b) In conducting the pilot program, the Department of Public Safety must consult 
67.2 	with the Minnesota Ambulance Association, Minnesota Fire Chiefs Association, 
67.3 	Emergency Services Regulatory Board, and the Minnesota Council of Health Plans to:
67.4 	(1) identify no more than five medical response units registered as medical response 
67.5 	units with the Minnesota Emergency Medical Services Regulatory Board according to 
67.6 	Minnesota Statutes, chapter 144E, to participate in the program;
67.7 	(2) outline and develop criteria for reimbursement;
67.8 	(3) determine the amount of reimbursement for each unit response; and
67.9 	(4) collect program data to be analyzed for a final report.
67.10 	(c) Further criteria for the medical response unit reimbursement pilot program 
67.11 	shall include:
67.12 	(1) the pilot program will expire on December 31, 2010, or when the appropriation 
67.13 	is extended expended, whichever occurs first;
67.14 	(2) a report shall be made to the legislature by March 1, 2011, by the Department 
67.15 	of Public Safety or its contractor as to the effectiveness and value of this reimbursement 
67.16 	pilot program to the emergency medical services delivery system, any actual or potential 
67.17 	savings to the health care system, and impact on patient outcomes;
67.18 	(3) participating medical response units must adhere to the requirements of this 
67.19 	pilot program outlined in an agreement between the Department of Public Safety and 
67.20 	the medical response unit, including but not limited to, requirements relating to data 
67.21 	collection, response criteria, and patient outcomes and disposition;
67.22 	(4) individual entities licensed to provide ambulance care under Minnesota Statutes, 
67.23 	chapter 144E, are not eligible for participation in this pilot program;
67.24 	(5) if a participating medical response unit withdraws from the pilot program, the 
67.25 	Department of Public Safety in consultation with the Minnesota Ambulance Association 
67.26 	may choose another pilot site if funding is available;
67.27 	(6) medical response units must coordinate their operations under this pilot project 
67.28 	with the ambulance service or services licensed to provide care in their first response 
67.29 	geographic areas;
67.30 	(7) licensed ambulance services that participate with the medical response unit in 
67.31 	the pilot program assume no financial or legal liability for the actions of the participating 
67.32 	medical response unit; and
67.33 	(8) the Department of Public Safety and its pilot program partners have no ongoing 
67.34 	responsibility to reimburse medical response units beyond the parameters of the pilot 
67.35 	program.

68.1 	Sec. 84. Laws 2009, chapter 88, article 5, section 17, is amended to read:
68.2 	Sec. 17. SEAWAY PORT AUTHORITY OF DULUTH; TAX INCREMENT 
68.3 	FINANCING DISTRICT; SPECIAL RULES.
 68.4 	(a) If the Seaway Port Authority of Duluth adopts a tax increment financing plan and 
68.5 	the governing body of the city of Duluth approves the plan for the tax increment financing 
68.6 	district consisting of one or more parcels identified as: 010-2730-00010; 010-2730-00020; 
68.7 	010-2730-00040; 010-2730-00050; 010-2730-00070; 010-2730-00080; 010-2730-00090; 
68.8 	010-2730-00100; 010-2730-00160; 010-2730-00180; 010-2730-00200; 010-2730-01250; 
68.9 	010-2730-01340; 010-2730-01350; 010-2730-01490; 010-2730-01500; 010-2730-01510; 
68.10 	010-2730-01520; 010-2730-01530; 010-2730-01540; 010-2730-01550; 010-2730-01560; 
68.11 	010-2730-01570; 010-2730-01580; 010-2730-01590; 010-2730-1300;010-2730-00300; 
68.12 	010-2746-01250; 010-2746-1330; 010-2746-01340; 010-2746-01350; 010-2746-1440; 
68.13 	010-2746-1380; 010-2746-01490; 010-2746-01500; 010-2746-01510; 010-2746-01520; 
68.14 	010-2746-01530; 010-2746-01540; 010-2746-01550; 010-2746-01560; 010-2746-01570; 
68.15 	010-2746-01580; 010-2746-01590; 010-3300-4560; 010-3300-4565; 010-3300-04570; 
68.16 	010-3300-04580; 010-3300-04640; 010-3300-04645; and 010-3300-04650, the five-year 
68.17 	rule under Minnesota Statutes, section 469.1763, subdivision 3, that activities must be 
68.18 	undertaken within a five-year period from the date of certification of the tax increment 
68.19 	financing district, must be considered to be met if the activities are undertaken within five 
68.20 	years after the date all qualifying parcels are delisted from the Federal Superfund list.
68.21 	(b) The requirements of Minnesota Statutes, section 469.1763, subdivision 4, 
68.22 	beginning in the sixth year following certification of the district requirement, will begin 
68.23 	in the sixth year following the date all qualifying parcels are delisted from the Federal 
68.24 	Superfund list. 
68.25 	(c) The action required under Minnesota Statutes, section 469.176, subdivision 6, 
68.26 	are satisfied if the action is commenced within four years after the date all qualifying 
68.27 	parcels are delisted from the Federal Superfund list and evidence of the action required is 
68.28 	submitted to the county auditor by February 1 of the fifth year following the year in which 
68.29 	all qualifying parcels are delisted from the Federal Superfund list.
68.30 	(d) For purposes of this section, "qualifying parcels" means United States Steel 
68.31 	parcels listed in paragraph (a) and shown by the Minnesota Pollution Control Agency as 
68.32 	part of the USS Site (USEPA OU 02) that are included in the tax increment financing 
68.33 	district.
68.34 	(e) In addition to the reporting requirements of Minnesota Statutes, section 469.175, 
68.35 	subdivision 5, the Seaway Port Authority of Duluth shall report the status of all parcels 
68.36 	listed in paragraph (a) and shown as part of the USS Site (USEPA OU 02). The status 
69.1 	report must show the parcel numbers, the listed or delisted status, and if delisted, the 
69.2 	delisting date.

69.3 	EFFECTIVE DATE. This section is effective upon approval by the governing 
69.4 	body of the city of Duluth and compliance with Minnesota Statutes, section 645.021, 
69.5 	subdivision 3.

69.6 	Sec. 85. Laws 2009, chapter 172, article 1, section 2, subdivision 5, is amended to read:

69.7	Subd. 5.Fish, Game, and Wildlife Habitat
 		13,903,000
		-0-

69.8
69.9	(a) Outdoor Heritage Conservation Partners 
Grant Program
					
69.10 	$4,000,000 in fiscal year 2010 is to the 
69.11 	commissioner of natural resources for a pilot
69.12 	program to provide competitive, matching 
69.13 	grants of up to $400,000 to local, regional, 
69.14 	state, and national organizations, including 
69.15 	government, for enhancement, restoration, 
69.16 	or protection of forests, wetlands, prairies, 
69.17 	and habitat for fish, game, or wildlife in 
69.18 	Minnesota. Up to 6-1/2 percent of this 
69.19 	appropriation may be used for administering 
69.20 	the grant. The funds may be advanced in 
69.21 	three equal sums, on or after November 
69.22 	1, 2009, February 1, 2010, and April 1, 
69.23 	2010. Grantees may protect land through 
69.24 	acquisition of land or interests in land. 
69.25 	Easements must be permanent. Land 
69.26 	acquired in fee must be open to hunting 
69.27 	and fishing during the open season unless 
69.28 	otherwise provided by state law. The 
69.29 	commissioner of natural resources must 
69.30 	agree to each proposed acquisition of land 
69.31 	or interest in land. The program shall 
69.32 	require a match of at least $1 nonstate funds 
69.33 	to $10 state funds. The nonstate dollars 
69.34 	match may be in-kind. The criteria for 
70.1 	evaluating grant applications must include 
70.2 	amount of habitat restored, enhanced, 
70.3 	or protected; local support; degree of 
70.4 	collaboration; urgency; multiple benefits; 
70.5 	habitat benefits provided; consistency with 
70.6 	sound conservation science; adjacency to 
70.7 	protected lands; full funding of the project; 
70.8 	supplementing existing funding; public 
70.9 	access for hunting and fishing during the 
70.10 	open season; sustainability; and use of native 
70.11 	plant materials. All projects must conform 
70.12 	to the Minnesota statewide conservation and 
70.13 	preservation plan. Wildlife habitat projects 
70.14 	must also conform to the state wildlife action 
70.15 	plan. Priority may be given to projects 
70.16 	acquiring land or easements associated 
70.17 	with existing wildlife management areas. 
70.18 	All restoration or enhancement projects 
70.19 	must be on land permanently protected by 
70.20 	conservation easement or public ownership. 
70.21 	To the extent possible, a person conducting 
70.22 	prairie restorations with money appropriated 
70.23 	in this section must plant vegetation or sow 
70.24 	seed only of ecotypes native to Minnesota, 
70.25 	and preferably of the local ecotype, using a 
70.26 	high diversity of species originating from as 
70.27 	close to the restoration site as possible, and 
70.28 	protect existing native prairies from genetic 
70.29 	contamination. Subdivision 10 applies to 
70.30 	grants awarded under this paragraph. This 
70.31 	appropriation is available until June 30, 
70.32 	2013, at which time all grant projects must 
70.33 	be completed and final products delivered, 
70.34 	unless an earlier date is specified in the grant 
70.35 	agreement. No less than 15 percent of the 
70.36 	amount of each grant must be held back from 
71.1 	reimbursement until the grant recipient has 
71.2 	completed a grant accomplishment report in 
71.3 	the form prescribed by and satisfactory to the 
71.4 	Lessard Outdoor Heritage Council.
71.5 	As a condition of proceeding with this 
71.6 	appropriation, the commissioner shall report 
71.7 	on the feasibility, process, and timeline for 
71.8 	creation of a Minnesota fish and wildlife 
71.9 	foundation, to be modeled after the National 
71.10 	Fish and Wildlife Foundation, and on the 
71.11 	possibility of allowing for the administration 
71.12 	by this entity of the conservation partners 
71.13 	grant program.
71.14 	The legislative guide created in this act 
71.15 	shall consider whether this program should 
71.16 	be administered by the National Fish and 
71.17 	Wildlife Foundation, the commissioner of 
71.18 	natural resources, or some neutral third party.

71.19	(b) Aquatic Management Area Acquisition
					
71.20 	$5,748,000 in fiscal year 2010 is to the 
71.21 	commissioner of natural resources to acquire 
71.22 	land in fee title and easement to be added to 
71.23 	the state aquatic management area system. 
71.24 	Acquired land must remain open to hunting 
71.25 	and fishing, consistent with the capacity 
71.26 	of the land, during the open season, as 
71.27 	determined by the commissioner of natural 
71.28 	resources. A list of proposed fee title and 
71.29 	easement acquisitions must be provided as 
71.30 	part of the required accomplishment plan.

71.31
71.32	(c) Cold Water River and Stream Restoration, 
Protection, and Enhancement
					
71.33 	$2,050,000 in fiscal year 2010 is to the 
71.34 	commissioner of natural resources for an 
71.35 	agreement with Trout Unlimited or successor 
72.1 	to restore, enhance, and protect cold water 
72.2 	river and stream habitats in Minnesota. A 
72.3 	list of proposed acquisitions and a list of 
72.4 	proposed projects, describing the types and 
72.5 	locations of restorations and enhancements, 
72.6 	must be provided as part of the required 
72.7 	accomplishment plan. The commissioner 
72.8 	of natural resources must agree to each 
72.9 	proposed acquisition, restoration, and 
72.10 	enhancement.

72.11	(d) Dakota County Habitat Protection
					
72.12 	$1,000,000 in fiscal year 2010 is to the 
72.13 	commissioner of natural resources for 
72.14 	an agreement with Dakota County for 
72.15 	acquisition of permanent easements. A list 
72.16 	of proposed acquisitions must be provided as 
72.17 	part of the required accomplishment plan.

72.18
72.19	(e) Lake Rebecca Water Quality Improvement 
Project
					
72.20 	$450,000 in fiscal year 2010 is to the 
72.21 	commissioner of natural resources for an 
72.22 	agreement with the Three Rivers Park 
72.23 	District to improve the water quality in Lake 
72.24 	Rebecca in Lake Rebecca Park Reserve 
72.25 	in Hennepin County. A description of the 
72.26 	activities to enhance fish habitat in Lake 
72.27 	Rebecca must be provided as part of the 
72.28 	required accomplishment plan.

72.29	(f) Fountain Lake Fish Barriers
					
72.30 	$655,000 in fiscal year 2010 is to the 
72.31 	commissioner of natural resources for 
72.32 	an agreement with the Shell Rock River 
72.33 	Watershed District to construct fish barriers 
72.34 	at three locations on Fountain Lake. Land 
72.35 	acquisition necessary for fish barrier 
73.1 	construction is permitted. A list of proposed 
73.2 	projects, describing the types and locations 
73.3 	of barriers, must be provided as part of 
73.4 	the required accomplishment plan. The 
73.5 	commissioner of natural resources must 
73.6 	agree to each proposed barrier.

73.7 	Sec. 86. EMERALD ASH BORER FUNDS.
 73.8 	All funds appropriated in Laws 2009, chapter 172, for Emerald Ash Borer must be 
73.9 	in accordance with the same criteria for all other projects funded in article 1 of that law.

73.10 	Sec. 87. SUPERSEDING ACTS.
 73.11 	Any amendments or repeals enacted in the 2010 session of the legislature to sections 
73.12 	also amended or repealed in this act supersede the amendments or repeals in this act, 
73.13 	regardless of order of enactment.

73.14 	Sec. 88. REVISOR'S INSTRUCTION.
 73.15 	In each of Minnesota Rules referred to in column A, the revisor of statutes shall 
73.16 	delete the reference in column B and insert the reference in column C.

73.17	A
	B
	C
	
73.18
73.19	part 9503.0170, subpart 1
	parts 9543.1000 to 9543.1060
	Minnesota Statutes, chapter 
245A
	
73.20
73.21	part 9520.0520, subpart 1
	parts 9543.1000 to 9543.1060
	Minnesota Statutes, chapter 
245A
	
73.22
73.23
73.24
73.25	part 9525.0900, subpart 17
	parts 9525.0500 
to 9525.0660, 
Semi-independent Living 
Services Licensure 
	Minnesota Statutes, chapter 
245B
	
73.26
73.27
73.28	part 9525.0930, subpart 1
	parts 9525.0500 to 9525.0660 
(Semi-independent Living 
Services Licensure)
	Minnesota Statutes, chapter 
245B
	
73.29
73.30
73.31
73.32	part 9525.0935, subpart 1, 
item B
	parts 9525.0215 to 9525.0355 
(Residential Programs 
Services for Persons with 
Developmental Disabilities)
	Minnesota Statutes, chapter 
245B
	
73.33
73.34	part 9525.1580, subpart 2
	parts 9525.1500 to 9525.1690
	Minnesota Statutes, chapter 
245B
	
73.35
73.36	part 9525.1800, subpart 8a
	part 9525.1500, subpart 36
	Minnesota Statutes, section 
245B.02, subdivision 6
	
73.37
73.38	part 9525.1860, subpart 6, 
items C and D
	parts 9525.2000 to 9525.2140
	Minnesota Statutes, chapter 
245B
	
73.39
73.40	part 9525.1860, subpart 6, 
items D and E
	parts 9525.0215 to 9525.0355
	Minnesota Statutes, chapter 
245B
	
74.1
74.2
74.3	part 9525.1860, subpart 7, 
item C
	parts 9525.0215 to 9525.0355 
and part 9525.0235, subpart 
13
	Minnesota Statutes, chapter 
245B
	
74.4
74.5	part 9555.9620
	parts 9543.1000 to 9543.1060
	Minnesota Statutes, chapter 
245A
	
74.6
74.7	part 9570.3400
	parts 9543.1000 to 9543.1060
	Minnesota Statutes, chapter 
245A

74.8 	Sec. 89.  REPEALER.
 74.9 		Subdivision 1.Obsolete cross-reference. Minnesota Statutes 2008, section 
74.10 	13.6435, subdivision 9, is repealed.
74.11 		Subd. 2.Obsolete cross-reference. Minnesota Statutes 2008, section 15.38, 
74.12 	subdivision 5, is repealed.
74.13 		Subd. 3.Obsolete subdivision. Minnesota Statutes 2008, section 256B.041, 
74.14 	subdivision 5, is repealed.
74.15 		Subd. 4.Obsolete subdivision. Minnesota Statutes 2008, section 256D.03, 
74.16 	subdivision 5, is repealed.
74.17 		Subd. 5.Obsolete section. Minnesota Statutes 2008, section 168.098, is repealed.
74.18 		Subd. 6.Obsolete law. Laws 2005, First Special Session chapter 4, article 8, 
74.19 	section 87, is repealed.
74.20 		Subd. 7.Obsolete amendment. Laws 2006, chapter 277, article 1, sections 1; 
74.21 	and 3, are repealed.
74.22 		Subd. 8.Statutory conflict. Laws 2008, chapter 287, article 1, section 104, is 
74.23 	repealed.
74.24 		Subd. 9.Statutory conflict. Laws 2008, chapter 300, section 6, is repealed.
74.25 		Subd. 10.Statutory conflict. Laws 2009, chapter 78, article 4, section 41, is 
74.26 	repealed.
74.27 		Subd. 11.Statutory conflict. Laws 2009, chapter 88, article 6, sections 14; 15; 
74.28 	and 16, are repealed.
74.29 		Subd. 12.Obsolete amendment. Laws 2009, chapter 169, article 10, section 32, is 
74.30 	repealed.
74.31 		Subd. 13.Statutory authority repealed. Minnesota Rules, parts 9525.0750; 
74.32 	9525.0760; 9525.0770; 9525.0780; 9525.0790; 9525.0800; 9525.0810; 9525.0820; and 
74.33 	9525.0830, are repealed.