1.1 A bill for an act
1.2 relating to Minnesota Statutes; correcting erroneous,
1.3 ambiguous, and omitted text and obsolete references;
1.4 eliminating certain redundant, conflicting, and
1.5 superseded provisions; making miscellaneous technical
1.6 corrections to statutes and other laws; amending
1.7 Minnesota Statutes 1996, sections 3.873, subdivisions
1.8 5 and 7; 9.041, subdivision 2; 13.99, subdivision 38b;
1.9 14.62, subdivision 3; 15.0591, subdivision 2; 15.441,
1.10 subdivision 1; 15.471, subdivision 1; 16A.276;
1.11 16A.672, subdivisions 2 and 5; 17.138, subdivision 2;
1.12 18.023, subdivision 3; 18B.33, subdivision 1; 18C.121,
1.13 subdivision 1; 18C.575, subdivision 1; 18E.03,
1.14 subdivision 4; 19.51, subdivision 1; 25.31; 25.32;
1.15 25.33; 25.34; 25.36; 25.37; 25.39; 25.40; 25.41;
1.16 25.42; 25.43; 25.47, subdivision 2; 27.13; 27.14;
1.17 27.19; 27.20; 31.874; 32.078; 32.481, subdivision 1;
1.18 32.532; 32.71, subdivision 1; 41.53, subdivision 2;
1.19 41A.09, subdivision 4; 45.027, subdivision 1; 60A.15;
1.20 62N.05, subdivision 1; 62N.24; 65A.16; 65A.17; 65A.18;
1.21 65A.19; 65A.22; 65A.23; 65A.24; 84.027, subdivision
1.22 13; 92.46, subdivision 1; 103I.341, subdivision 1;
1.23 103I.535, subdivision 9; 115A.10; 115A.11, subdivision
1.24 1b; 115A.12; 115A.9651, subdivision 1; 115B.20,
1.25 subdivisions 1 and 2; 115B.39, subdivision 2;
1.26 115B.412, subdivision 5; 115B.42, subdivision 2;
1.27 116.07, subdivisions 4b and 10; 116C.91, subdivision
1.28 1; 116J.75, subdivision 1; 119A.04, subdivision 5;
1.29 119A.13, subdivisions 3 and 4; 119A.26, subdivision 2;
1.30 119B.17, subdivision 3; 120.062, subdivision 12;
1.31 120.075, subdivision 5; 120.0751, subdivision 6;
1.32 120.0752, subdivision 4; 121.15, subdivision 1;
1.33 121.1601, subdivision 3; 121.912, subdivision 1;
1.34 124.155, subdivision 2; 124.248, subdivision 3;
1.35 124.2725, subdivision 11; 124.3201, subdivisions 1 and
1.36 2b; 124.321, subdivisions 1 and 2; 124.322,
1.37 subdivisions 1a and 5; 124.323, subdivision 1;
1.38 124.574, subdivision 7; 124.91, subdivision 1;
1.39 124.918, subdivision 8; 124A.036, subdivision 5;
1.40 124A.225, subdivision 2; 124A.26, subdivision 1;
1.41 124A.711, subdivision 2; 124C.60, subdivisions 1 and
1.42 3; 126.22, subdivision 7; 126.51, subdivision 1;
1.43 126.72, subdivision 2; 136A.172; 136A.173; 136A.174;
1.44 136A.175; 136A.176; 136A.177; 136A.178; 136D.94;
1.45 144.056; 144.062; 144.092; 144A.073, subdivision 3;
1.46 144A.33, subdivision 5; 144A.53, subdivision 1;
2.1 144A.54, subdivisions 1 and 2; 145.894; 147A.13,
2.2 subdivision 1; 148.235, subdivision 4; 148B.23,
2.3 subdivision 3; 148C.11, subdivision 3; 152.02,
2.4 subdivision 13; 152.21, subdivision 3; 161.10;
2.5 161.1419, subdivision 7; 168.129, subdivision 1;
2.6 169.145; 176.081, subdivision 1; 176.108; 176.1351,
2.7 subdivisions 5 and 6; 176.1812, subdivision 7; 176.83,
2.8 subdivision 5; 179A.03, subdivisions 7 and 14;
2.9 179A.06, subdivision 2; 179A.09, subdivision 3;
2.10 181.14; 181.15; 181.16; 182.676; 183.57, subdivision
2.11 2; 192.551; 197.133; 197.447; 214.01, subdivision 2;
2.12 214.07, subdivision 1; 214.13, subdivision 5; 216C.35;
2.13 223.19; 237.70, subdivision 7; 237.711; 241.01,
2.14 subdivision 3a; 242.56, subdivision 3; 244.09,
2.15 subdivisions 7 and 13; 244.13, subdivision 3; 244.17,
2.16 subdivision 2; 245.462, subdivision 16; 245.4881,
2.17 subdivision 2; 245.4886, subdivision 2; 245.62,
2.18 subdivisions 2 and 4; 245.69, subdivision 2; 245.697,
2.19 subdivisions 2 and 3; 246.06; 246.64, subdivision 3;
2.20 252.035; 252.275, subdivision 6; 252.291, subdivisions
2.21 3 and 5; 252.40; 252.41, subdivision 1; 252.43;
2.22 252.46, subdivision 1; 252.50, subdivision 6; 254A.16,
2.23 subdivision 2; 256.01, subdivision 2; 256.016;
2.24 256.736, subdivisions 3a and 7; 256.7365, subdivision
2.25 7; 256.82, subdivision 4; 256.9742, subdivision 1;
2.26 256B.04, subdivision 2; 256B.092, subdivision 6;
2.27 256B.49, subdivision 2; 256D.03, subdivision 7;
2.28 256D.04; 256E.04, subdivision 1; 256F.04, subdivision
2.29 3; 257.072, subdivision 5; 257.0755, subdivision 1;
2.30 257.0768, subdivision 1; 257.0769; 257.41; 259.71,
2.31 subdivision 5; 260.152, subdivisions 2, 3, and 6;
2.32 260.161, subdivision 3; 260.181, subdivision 3a;
2.33 268.0122, subdivision 5; 268.0124; 268.03; 268.15,
2.34 subdivision 3; 268.361, subdivision 1; 268.90,
2.35 subdivision 3; 270A.09, subdivision 3; 272.12;
2.36 273.1398, subdivision 1; 279.01, subdivision 3;
2.37 280.05; 280.28, subdivision 2; 280.33; 280.35; 281.16;
2.38 281.32; 282.07; 284.04; 290.091, subdivision 6;
2.39 290.171; 297A.259; 299C.11; 299F.051, subdivision 3;
2.40 299F.46, subdivision 1; 299L.02, subdivision 1;
2.41 325F.84, subdivision 1; 326.2421, subdivision 2;
2.42 327A.08; 345.48, subdivision 1; 349.19, subdivision
2.43 2a; 353.64, subdivision 2; 353C.02; 354.66,
2.44 subdivision 4; 360.013, subdivision 20; 360.015,
2.45 subdivision 17; 363.05, subdivision 1; 383A.43,
2.46 subdivision 6; 383B.78, subdivision 3; 383D.35;
2.47 390.35; 412.191, subdivision 1; 412.581; 412.631;
2.48 422A.01, subdivision 18; 427.02; 435.27; 458.40;
2.49 458A.08; 462A.03, subdivision 10; 462A.07, subdivision
2.50 7; 463.01; 465.15; 465.20; 466.03, subdivision 6d;
2.51 469.078, subdivision 1; 469.141, subdivision 3;
2.52 469.173, subdivision 7; 469.183, subdivision 4;
2.53 471.9981, subdivision 1; 473.1623, subdivisions 3, 4,
2.54 and 5; 473.206; 473.208; 473.3994, subdivision 9;
2.55 473.598, subdivision 3; 473.638, subdivision 2;
2.56 473.859, subdivision 2; 475.51, subdivision 9; 475.53,
2.57 subdivision 1; 475.57; 475.61, subdivision 2; 480.242,
2.58 subdivision 2; 500.24, subdivision 3; 508A.01,
2.59 subdivision 3; 524.2-402; 525.152, subdivisions 1, 2,
2.60 and 3; 609.101, subdivision 4; 611.216, subdivision 3;
2.61 611.25, subdivision 3; 611A.56, subdivision 1;
2.62 626.843; 626.845; 626.846; 626.847; 626.851; and
2.63 626.88; Laws 1995 chapter 220, section 7, subdivision
2.64 3; and Laws 1996, chapter 310, section 1; proposing
2.65 coding for new law in Minnesota Statutes, chapter 35;
2.66 repealing Minnesota Statutes 1996, sections 3.922,
2.67 subdivision 9; 13.99, subdivisions 21d and 24a;
2.68 15.475; 16B.87, subdivision 4; 17.452, subdivision 3;
2.69 115A.03, subdivision 16; 116D.11, subdivision 4;
2.70 116J.975; 124.2442; 124.245; 124.3202; 126.78,
2.71 subdivision 5; 144.95, subdivision 9; 145A.12,
3.1 subdivision 6; 148.578; 174.23, subdivision 5; 196.22,
3.2 subdivision 4; 216C.06, subdivisions 10 and 11;
3.3 246.57, subdivision 2; 254B.03, subdivision 8;
3.4 256B.04, subdivision 11; 256B.0629, subdivision 3;
3.5 256F.11, subdivision 3; 256F.12, subdivision 5;
3.6 260.152, subdivision 7; 325F.98; 388.24, subdivision
3.7 5; 466.01, subdivisions 4 and 5; 471A.02, subdivisions
3.8 2 and 15; 473.638, subdivision 1; 473.639; 494.05,
3.9 subdivision 3; 611.27, subdivision 14; and 611A.75;
3.10 Laws 1989, chapters 209, article 2, section 42; and
3.11 282, article 3, section 28; Laws 1991, chapter 292,
3.12 article 2, section 2; Laws 1993, chapter 286, section
3.13 1; Laws 1994, chapters 411, section 4; and 416,
3.14 article 1, sections 47, 51, and 56; Laws 1995,
3.15 chapters 171, sections 54 and 56; and 186, section 26;
3.16 Laws 1995, First Special Session chapter 3, article
3.17 13, section 2; and Laws 1996, chapters 414, article 1,
3.18 section 30; and 471, article 11, section 1.
3.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
3.20 ARTICLE 1
3.21 GENERAL
3.22 Section 1. [REPEALER; SECTION 13.99, SUBDIVISION 21d.]
3.23 Minnesota Statutes 1996, section 13.99, subdivision 21d, is
3.24 repealed.
3.25 Sec. 2. [REPEALER; SECTION 13.99, SUBDIVISION 24a.]
3.26 Minnesota Statutes 1996, section 13.99, subdivision 24a, is
3.27 repealed.
3.28 Sec. 3. Minnesota Statutes 1996, section 13.99,
3.29 subdivision 38b, is amended to read:
3.30 Subd. 38b. [LEAD EXPOSURE DATA.] Data on individuals
3.31 exposed to lead in their residences are classified under
3.32 sections 144.874, subdivision 1, 144.9502, subdivision 9, and
3.33 144.9504, subdivision 2.
3.34 Sec. 4. [REPEALER; SECTION 15.059 NOTE.]
3.35 Laws 1993, chapter 286, section 1, is repealed.
3.36 Sec. 5. Minnesota Statutes 1996, section 16A.672,
3.37 subdivision 2, is amended to read:
3.38 Subd. 2. [APPLICATION OF COMMERCIAL CODE.] All bonds and
3.39 certificates are securities under sections 336.8-101 to
3.40 336.8-408 336.8-603. The commissioner may do for the state
3.41 whatever may or must be done under those sections to comply with
3.42 the orders authorizing them. The bonds or certificates may be
3.43 issued:
3.44 (1) in one or more denominations;
4.1 (2) in bearer form, with interest coupons attached; and
4.2 (3) with provision for registration as to principal only;
4.3 or
4.4 (4) in fully registered form; and
4.5 (5) with provision for registration of conversion and
4.6 exchange of forms and denominations, transfer of ownership, and
4.7 replacement of lost or damaged bonds.
4.8 Sec. 6. Minnesota Statutes 1996, section 16A.672,
4.9 subdivision 5, is amended to read:
4.10 Subd. 5. [REGISTRAR.] The commissioner, in order to issue
4.11 any bonds or certificates, may name a registrar to act for the
4.12 state under sections 336.8-101 to 336.8-408 336.8-603, and to
4.13 authenticate and deliver obligations upon initial issuance and
4.14 registration of transfer, exchange, or conversion. The
4.15 registrar must be an incorporated bank or trust company, in or
4.16 out of the state, authorized by the laws of the United States or
4.17 the state in which it is located to perform these duties.
4.18 Sec. 7. Minnesota Statutes 1996, section 18.023,
4.19 subdivision 3, is amended to read:
4.20 Subd. 3. [RULES; APPLICABILITY TO MUNICIPALITIES.] The
4.21 rules of the commissioner shall apply in a municipality unless
4.22 the municipality adopts an ordinance which is determined by the
4.23 commissioner to be more stringent than the rules of the
4.24 commissioner. The rules of the commissioner or the more
4.25 stringent ordinance of the municipality shall be in effect 60
4.26 days from March 31, 1974. The rules of the commissioner or the
4.27 municipality shall apply to all state agencies, special purpose
4.28 districts and metropolitan commissions as defined in section
4.29 473.121, subdivision 7 5a, which own or control land adjacent to
4.30 or within a shade tree disease control area in Laws 1975,
4.31 chapter 253.
4.32 Sec. 8. Minnesota Statutes 1996, section 18B.33,
4.33 subdivision 1, is amended to read:
4.34 Subdivision 1. [REQUIREMENT.] (a) A person may not apply a
4.35 pesticide for hire without a commercial applicator license for
4.36 the appropriate use categories or a structural pest control
5.1 license or aquatic pest control license.
5.2 (b) A person with a commercial applicator license may not
5.3 apply pesticides on or into surface waters without an aquatic
5.4 pest control license under section 18B.32 18B.315, except an
5.5 aquatic pest control license is not required for licensed
5.6 commercial applicators applying pesticides for the purposes of:
5.7 (1) pest control on cultivated wild rice;
5.8 (2) mosquito and black fly control operations;
5.9 (3) pest control on rights-of-way;
5.10 (4) aerial pest control operations for emergent vegetation
5.11 control;
5.12 (5) aerial application of piscicides; and
5.13 (6) pest control for silvicultural operations.
5.14 (c) A commercial applicator licensee must have a valid
5.15 license identification card when applying pesticides for hire
5.16 and must display it upon demand by an authorized representative
5.17 of the commissioner or a law enforcement officer. The
5.18 commissioner shall prescribe the information required on the
5.19 license identification card.
5.20 Sec. 9. Minnesota Statutes 1996, section 18E.03,
5.21 subdivision 4, is amended to read:
5.22 Subd. 4. [FEE.] (a) The response and reimbursement fee
5.23 consists of the surcharges and any adjustments made by the
5.24 commissioner in this subdivision and shall be collected by the
5.25 commissioner. The amount of the response and reimbursement fee
5.26 shall be determined and imposed annually by the commissioner as
5.27 required to satisfy the requirements in subdivision 3. The
5.28 commissioner shall adjust the amount of the surcharges imposed
5.29 in proportion to the amount of the surcharges listed in this
5.30 subdivision.
5.31 (b) The commissioner shall impose a surcharge on pesticides
5.32 registered under chapter 18B to be collected as a surcharge on
5.33 the registration application fee under section 18B.26,
5.34 subdivision 3, that is equal to 0.1 percent of sales of the
5.35 pesticide in the state and sales of pesticides for use in the
5.36 state during the previous calendar year, except the surcharge
6.1 may not be imposed on pesticides that are sanitizers or
6.2 disinfectants as determined by the commissioner. No surcharge
6.3 is required if the surcharge amount based on percent of annual
6.4 gross sales is less than $10. The registrant shall determine
6.5 when and which pesticides are sold or used in this state. The
6.6 registrant shall secure sufficient sales information of
6.7 pesticides distributed into this state from distributors and
6.8 dealers, regardless of distributor location, to make a
6.9 determination. Sales of pesticides in this state and sales of
6.10 pesticides for use in this state by out-of-state distributors
6.11 are not exempt and must be included in the registrant's annual
6.12 report, as required under section 18B.26, subdivision 3,
6.13 paragraph (c), and fees shall be paid by the registrant based
6.14 upon those reported sales. Sales of pesticides in the state for
6.15 use outside of the state are exempt from the surcharge in this
6.16 paragraph if the registrant properly documents the sale location
6.17 and the distributors.
6.18 (c) The commissioner shall impose a ten cents per ton
6.19 surcharge on the inspection fee under section 18C.425,
6.20 subdivision 6, for fertilizers, soil amendments, and plant
6.21 amendments.
6.22 (d) The commissioner shall impose a surcharge on the
6.23 license application of persons licensed under chapters 18B and
6.24 18C consisting of:
6.25 (1) a $75 surcharge for each site where pesticides are
6.26 stored or distributed, to be imposed as a surcharge on pesticide
6.27 dealer application fees under section 18B.31, subdivision 5;
6.28 (2) a $75 surcharge for each site where a fertilizer, plant
6.29 amendment, or soil amendment is distributed, to be imposed on
6.30 persons licensed under sections 18C.415 and 18C.425;
6.31 (3) a $50 surcharge to be imposed on a structural pest
6.32 control applicator license application under section 18B.32,
6.33 subdivision 6, for business license applications only;
6.34 (4) a $20 surcharge to be imposed on commercial applicator
6.35 license application fees under section 18B.33, subdivision 7;
6.36 (5) a $20 surcharge to be imposed on noncommercial
7.1 applicator license application fees under section 18B.34,
7.2 subdivision 5, except a surcharge may not be imposed on a
7.3 noncommercial applicator that is a state agency, political
7.4 subdivision of the state, the federal government, or an agency
7.5 of the federal government; and
7.6 (6) a $20 surcharge to be imposed on aquatic pest control
7.7 licenses under section 18B.315.
7.8 (e) A $1,000 fee shall be imposed on each site where
7.9 pesticides are stored and sold for use outside of the state
7.10 unless:
7.11 (1) the distributor properly documents that it has less
7.12 than $2,000,000 per year in wholesale value of pesticides stored
7.13 and transferred through the site; or
7.14 (2) the registrant pays the surcharge under paragraph (b)
7.15 and the registration fee under section 18B.26, subdivision 3,
7.16 for all of the pesticides stored at the site and sold for use
7.17 outside of the state.
7.18 (f) Paragraphs (c) to (e) apply to sales, licenses issued,
7.19 applications received for licenses, and inspection fees imposed
7.20 on or after July 1, 1990.
7.21 Sec. 10. [REVISOR'S INSTRUCTION; SECTIONS 25.31 TO 25.43.]
7.22 The revisor shall change the citation from section 25.44 to
7.23 section 25.43 in the following sections of Minnesota Statutes:
7.24 25.31; 25.32; 25.33; 25.34; 25.36; 25.37; 25.39; 25.40; 25.41;
7.25 25.42; and 25.43.
7.26 Sec. 11. Minnesota Statutes 1996, section 25.47,
7.27 subdivision 2, is amended to read:
7.28 Subd. 2. The commissioner of agriculture shall, on or
7.29 before June 15 of each year, establish the grades of hay and
7.30 straw subject to state inspection which shall be known as the
7.31 "Minnesota Grades" and hay and straw received at a public
7.32 warehouse shall be graded accordingly. The grades shall not be
7.33 changed before June 15 of the next succeeding year. The
7.34 commissioner of agriculture shall also adopt rules in accordance
7.35 with the administrative procedure act as it deems necessary to
7.36 implement this section and section 25.46.
8.1 Sec. 12. [REVISOR'S INSTRUCTION; SECTIONS 27.13 TO 27.20.]
8.2 The revisor shall change the citation from section 27.15 to
8.3 section 27.14 in the following sections of Minnesota Statutes:
8.4 27.13; 27.14; 27.19; and 27.20.
8.5 Sec. 13. Minnesota Statutes 1996, section 32.078, is
8.6 amended to read:
8.7 32.078 [SUSPENSION OR CANCELLATION.]
8.8 The commissioner is empowered to suspend or cancel any
8.9 license issued pursuant to the provisions of sections 32.071 to
8.10 32.077 32.076 after a hearing upon written notice containing the
8.11 grounds therefor, which notice shall be served personally upon
8.12 the licensee or the licensee's agent at least five days prior to
8.13 such hearing.
8.14 Sec. 14. Minnesota Statutes 1996, section 32.481,
8.15 subdivision 1, is amended to read:
8.16 Subdivision 1. [DEFINITION.] "Cheese" as used in sections
8.17 32.481 to 32.485 32.484 includes all varieties of cheese, cheese
8.18 spreads, cheese foods, cheese compounds, or processed cheese,
8.19 made or manufactured in whole or in part from cow's, goat's, or
8.20 sheep's milk.
8.21 Sec. 15. [REVIVAL OF STATUTES; SECTIONS 35.01 AND 35.73.]
8.22 Notwithstanding Minnesota Statutes, section 645.36,
8.23 Minnesota Statutes 1994, sections 35.01, subdivisions 1, 2, and
8.24 3; and 35.73, subdivisions 1 and 4, are revived retroactive to
8.25 August 1, 1996.
8.26 Sec. 16. [REPEALER; SECTIONS 50.21 AND 50.22 NOTE.]
8.27 Laws 1995, chapter 171, sections 54 and 56, are repealed.
8.28 Sec. 17. [REVISOR'S INSTRUCTION; SECTION 60A.15.]
8.29 The revisor shall insert the phrase "of revenue" after the
8.30 word "commissioner" wherever the word "commissioner" appears
8.31 without further designation in Minnesota Statutes, section
8.32 60A.15.
8.33 Sec. 18. [REPEALER; SECTION 62L.08 NOTE.]
8.34 Laws 1995, First Special Session chapter 3, article 13,
8.35 section 2, is repealed.
8.36 Sec. 19. [REVISOR'S INSTRUCTION; SECTIONS 65A.16 TO
9.1 65A.24.]
9.2 The revisor shall change the citation from section 65A.25
9.3 to section 65A.24 in the following sections of Minnesota
9.4 Statutes: 65A.16; 65A.17; 65A.18; 65A.19; 65A.22; 65A.23; and
9.5 65A.24.
9.6 Sec. 20. Minnesota Statutes 1996, section 84.027,
9.7 subdivision 13, is amended to read:
9.8 Subd. 13. [GAME AND FISH RULES.] (a) The commissioner of
9.9 natural resources may adopt rules under sections 97A.0451 to
9.10 97A.0459 and this subdivision that are authorized under:
9.11 (1) chapters 97A, 97B, and 97C to set open seasons and
9.12 areas, to close seasons and areas, to select hunters for areas,
9.13 to provide for tagging and registration of game, to prohibit or
9.14 allow taking of wild animals to protect a species, and to
9.15 prohibit or allow importation, transportation, or possession of
9.16 a wild animal;
9.17 (2) sections 84.093, 84.14, 84.15, and 84.152 to set
9.18 seasons for harvesting wild ginseng roots and wild rice and to
9.19 restrict or prohibit harvesting in designated areas; and
9.20 (3) section 84D.12 to designate prohibited exotic species,
9.21 regulated exotic species, unregulated exotic species, limited
9.22 infestations of Eurasian water milfoil, and infested waters.
9.23 Clause (2) does not limit or supersede the commissioner's
9.24 authority to establish opening dates, days, and hours of the
9.25 wild rice harvesting season under section 84.14, subdivision 3.
9.26 (b) If conditions exist that do not allow the commissioner
9.27 to comply with sections 97A.0451 to 97A.0459, the commissioner
9.28 may adopt a rule under this subdivision by submitting the rule
9.29 to the attorney general for review under section 97A.0455,
9.30 publishing a notice in the State Register and filing the rule
9.31 with the secretary of state and the legislative commission to
9.32 review administrative rules, and complying with section
9.33 97A.0459, and including a statement of the emergency conditions
9.34 and a copy of the rule in the notice. The notice may be
9.35 published after it is received from the attorney general or five
9.36 business days after it is submitted to the attorney general,
10.1 whichever is earlier.
10.2 (c) Rules adopted under paragraph (b) are effective upon
10.3 publishing in the State Register and may be effective up to
10.4 seven days before publishing and filing under paragraph (b), if:
10.5 (1) the commissioner of natural resources determines that
10.6 an emergency exists;
10.7 (2) the attorney general approves the rule; and
10.8 (3) for a rule that affects more than three counties the
10.9 commissioner publishes the rule once in a legal newspaper
10.10 published in Minneapolis, St. Paul, and Duluth, or for a rule
10.11 that affects three or fewer counties the commissioner publishes
10.12 the rule once in a legal newspaper in each of the affected
10.13 counties.
10.14 (d) Except as provided in paragraph (e), a rule published
10.15 under paragraph (c), clause (3), may not be effective earlier
10.16 than seven days after publication.
10.17 (e) A rule published under paragraph (c), clause (3), may
10.18 be effective the day the rule is published if the commissioner
10.19 gives notice and holds a public hearing on the rule within 15
10.20 days before publication.
10.21 (f) The commissioner shall attempt to notify persons or
10.22 groups of persons affected by rules adopted under paragraphs (b)
10.23 and (c) by public announcements, posting, and other appropriate
10.24 means as determined by the commissioner.
10.25 (g) Notwithstanding section 97A.0458, a rule adopted under
10.26 this subdivision is effective for the period stated in the
10.27 notice but not longer than 18 months after the rule is adopted.
10.28 Sec. 21. Minnesota Statutes 1996, section 92.46,
10.29 subdivision 1, is amended to read:
10.30 Subdivision 1. [PUBLIC CAMPGROUNDS.] (a) The director may
10.31 designate suitable portions of the state lands withdrawn from
10.32 sale and not reserved, as provided in section 92.45, as
10.33 permanent state public campgrounds. The director may have the
10.34 land surveyed and platted into lots of convenient size, and
10.35 lease them for cottage and camp purposes under terms and
10.36 conditions the director prescribes, subject to the provisions of
11.1 this section.
11.2 (b) A lease may not be for a term more than 20 years. The
11.3 lease may allow renewal, from time to time, for additional terms
11.4 of no longer than 20 years each. The lease may be canceled by
11.5 the commissioner 90 days after giving the person leasing the
11.6 land written notice of violation of lease conditions. The lease
11.7 rate shall be based on the appraised value of leased land as
11.8 determined by the commissioner of natural resources and shall be
11.9 adjusted by the commissioner at the fifth, tenth, and 15th
11.10 anniversary of the lease, if the appraised value has increased
11.11 or decreased. For leases that are renewed in 1991 and following
11.12 years, the lease rate shall be five percent of the appraised
11.13 value of the leased land. The appraised value shall be the
11.14 value of the leased land without any private improvements and
11.15 must be comparable to similar land without any improvements
11.16 within the same county. The minimum appraised value that the
11.17 commissioner assigns to the leased land must be substantially
11.18 equal to the county assessor's estimated market value of similar
11.19 land adjusted by the assessment/sales ratio as determined by the
11.20 department of revenue.
11.21 (c) By July 1, 1986, the commissioner of natural resources
11.22 shall adopt rules under chapter 14 to establish procedures for
11.23 leasing land under this section. The rules shall be subject to
11.24 review and approval by the commissioners of revenue and
11.25 administration prior to the initial publication pursuant to
11.26 chapter 14 and prior to their final adoption. The rules must
11.27 address at least the following:
11.28 (1) method of appraising the property; and
11.29 (2) an appeal procedure for both the appraised values and
11.30 lease rates.
11.31 (d) All money received from these leases must be credited
11.32 to the fund to which the proceeds of the land belong.
11.33 Notwithstanding section 16A.125 or any other law to the
11.34 contrary, 50 percent of the money received from the lease of
11.35 permanent school fund lands leased pursuant to this subdivision
11.36 must be credited to the lakeshore leasing and sales account in
12.1 the permanent school fund and is appropriated for use to survey,
12.2 appraise, and pay associated selling and leasing costs of lots
12.3 as required in this section and Minnesota Statutes 1992, section
12.4 92.67, subdivision 3. The money may not be used to pay the cost
12.5 of surveying lots not scheduled for sale. Any money designated
12.6 for deposit in the permanent school fund that is not needed to
12.7 survey, appraise, and pay associated selling and leasing costs
12.8 of lots, as required in this section and section 92.67, shall be
12.9 deposited in the permanent school fund. The commissioner shall
12.10 add to the appraised value of any lot offered for sale the costs
12.11 of surveying, appraising, and selling the lot, and shall first
12.12 deposit into the permanent school fund an amount equal to the
12.13 costs of surveying, appraising, and selling any lot paid out of
12.14 the permanent school fund. Any remaining money shall be
12.15 deposited into any other contributing funds in proportion to the
12.16 contribution from each fund. In no case may the commissioner
12.17 add to the appraised value of any lot offered for sale an amount
12.18 more than $700 for the costs of surveying and appraising the lot.
12.19 Sec. 22. [REPEALER; SECTION 92.46, SUBDIVISION 1, NOTE.]
12.20 Laws 1995, chapter 186, section 26, is repealed.
12.21 Sec. 23. [REPEALER; SECTION 103I.235 NOTE.]
12.22 Laws 1991, chapter 292, article 2, section 2, is repealed.
12.23 Sec. 24. Minnesota Statutes 1996, section 103I.341,
12.24 subdivision 1, is amended to read:
12.25 Subdivision 1. [LIEN FOR SEALING COSTS.] The commissioner
12.26 and the board of water and soil resources have a governmental
12.27 services lien under section 514.67 for the costs of sealing a
12.28 well or boring that the commissioner or board has contracted to
12.29 be sealed under section 103I.315, subdivision 2; 103I.331; or
12.30 103I.335. The lien attaches to the real property where the well
12.31 or boring is located. The lien is perfected by filing the lien
12.32 with the county recorder or registrar of titles where the well
12.33 or boring and the property are located and serving or mailing by
12.34 return receipt a copy of the lien to the property owner.
12.35 Sec. 25. Minnesota Statutes 1996, section 103I.535,
12.36 subdivision 9, is amended to read:
13.1 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails
13.2 to submit all information required for renewal in subdivision 8
13.3 or submits the application and information after the required
13.4 renewal date:
13.5 (1) the licensee must include an additional late fee set by
13.6 the commissioner under section 16A.128 16A.1285; and
13.7 (2) the licensee may not conduct activities authorized by
13.8 the elevator shaft contractor's license until the renewal
13.9 application, renewal application fee, and late fee, and all
13.10 other information required in subdivision 8 are submitted.
13.11 Sec. 26. [REPEALER.]
13.12 Minnesota Statutes 1996, section 115A.03, subdivision 16,
13.13 is repealed.
13.14 Sec. 27. Minnesota Statutes 1996, section 115A.10, is
13.15 amended to read:
13.16 115A.10 [DUTIES OF THE OFFICE; HAZARDOUS WASTE FACILITIES;
13.17 ENCOURAGEMENT OF PRIVATE ENTERPRISE.]
13.18 The office and the director on behalf of the office shall
13.19 encourage the development and operation of hazardous waste
13.20 facilities by private enterprise to the extent practicable and
13.21 consistent with the purposes of sections 115A.01 to 115A.72 and
13.22 the office's hazardous waste management plan adopted pursuant to
13.23 section 115A.11. In preparing the reports under section 115A.08
13.24 and the inventory of processing facility sites under section
13.25 115A.09, In adopting the management plan, and in its actions and
13.26 decisions under sections 115A.18 to 115A.30 and 115A.32 to
13.27 115A.39, the office and the director on behalf of the office
13.28 shall solicit the active participation of private waste
13.29 management firms and shall so conduct its activities as to
13.30 encourage private permit applications for facilities needed in
13.31 the state. The office shall promulgate rules for accepting and
13.32 evaluating applications for permits for the construction and
13.33 operation of facilities at sites preferred by the office
13.34 pursuant to section 115A.09. The rules shall include standards
13.35 and procedures for making determinations on the minimum
13.36 qualifications, including technical competence and financial
14.1 capability, of permit applicants.
14.2 Sec. 28. Minnesota Statutes 1996, section 115A.11,
14.3 subdivision 1b, is amended to read:
14.4 Subd. 1b. [CONTENTS.] The plan must include at least the
14.5 elements prescribed in this subdivision.
14.6 (a) The plan must estimate the types and quantities of
14.7 hazardous waste that will be generated in the state through the
14.8 year 2000.
14.9 (b) The plan must set out specific and quantifiable
14.10 objectives for reducing to the greatest feasible and prudent
14.11 extent the need for and use of disposal facilities located
14.12 within the state, through waste reduction, pretreatment,
14.13 retrievable storage, processing, and resource recovery.
14.14 (c) The plan must estimate the minimum disposal capacity
14.15 and capability required by generators in the state for use
14.16 through the year 2000. The estimate must be based on the
14.17 achievement of the objectives under paragraph (b).
14.18 (d) The plan must describe and recommend the implementation
14.19 strategies required to assure availability of disposal capacity
14.20 for the types and quantities of waste estimated under paragraph
14.21 (c) and to achieve the objectives required by paragraph (b).
14.22 The recommendations must address at least the following: the
14.23 necessary private and government actions; the types of
14.24 facilities and programs required; the availability and use of
14.25 specific facilities outside of the state; development schedules
14.26 for facilities, services, and rules that should be established
14.27 in the state; revenue-raising and financing measures; levels of
14.28 public and private effort and expenditure; legal and
14.29 institutional changes; and other similar matters.
14.30 (e) The plan must provide for the orderly development of
14.31 hazardous waste management sites and facilities to protect the
14.32 health and safety of rural and urban communities. In preparing
14.33 the plan the office shall consider its impact upon agriculture
14.34 and natural resources.
14.35 (f) The plan must include methods and procedures that will
14.36 encourage the establishment of programs, services, and
15.1 facilities that the office recommends for development in the
15.2 state for the recycling, reuse, recovery, conversion, treatment,
15.3 destruction, transfer, storage, or disposal, including
15.4 retrievable storage, of hazardous waste.
15.5 The plan must be consistent with the estimate of need and
15.6 feasibility analysis prepared under section 115A.24, the
15.7 analysis provided in the phase I environmental impact statement
15.8 determined to be adequate under section 115A.25, subdivision 1a,
15.9 and the decisions made by the office under sections section
15.10 115A.28 and 115A.291.
15.11 The office may make the implementation of elements of the
15.12 plan contingent on actions of the legislature that have been
15.13 recommended in the draft plan.
15.14 Sec. 29. Minnesota Statutes 1996, section 115A.12, is
15.15 amended to read:
15.16 115A.12 [ADVISORY COUNCILS.]
15.17 (a) The director shall establish a solid waste management
15.18 advisory council, a hazardous waste management planning council,
15.19 and a market development coordinating council, that are broadly
15.20 representative of the geographic areas and interests of the
15.21 state.
15.22 (b) The solid waste council shall have not less than nine
15.23 nor more than 21 members. The membership of the solid waste
15.24 council shall consist of one-third citizen representatives,
15.25 one-third representatives from local government units, and
15.26 one-third representatives from private solid waste management
15.27 firms. The solid waste council shall contain at least three
15.28 members experienced in the private recycling industry and at
15.29 least one member experienced in each of the following areas:
15.30 state and municipal finance; solid waste collection, processing,
15.31 and disposal; and solid waste reduction and resource recovery.
15.32 (c) The hazardous waste council shall have not less than
15.33 nine nor more than 18 members. The membership of the hazardous
15.34 waste advisory council shall consist of one-third citizen
15.35 representatives, one-third representatives from local government
15.36 units, and one-third representatives of hazardous waste
16.1 generators and private hazardous waste management firms.
16.2 (d) The market development coordinating council shall have
16.3 not less than nine nor more than 18 members and shall consist of
16.4 one representative from the department of trade and economic
16.5 development, the department of administration, the pollution
16.6 control agency, Minnesota Technology, Inc., and the legislative
16.7 commission on waste management. The other members shall
16.8 represent local government units, private recycling markets, and
16.9 private recycling collectors. The market development
16.10 coordinating council expires June 30, 1997.
16.11 (e) The chairs of the advisory councils shall be appointed
16.12 by the director. The director shall provide administrative and
16.13 staff services for the advisory councils. The advisory councils
16.14 shall have such duties as are assigned by law or the director.
16.15 The solid waste advisory council shall make recommendations to
16.16 the office on its solid waste management activities. The
16.17 hazardous waste advisory council shall make recommendations to
16.18 the office on its activities under sections 115A.08, 115A.09,
16.19 115A.10, 115A.11, 115A.20, 115A.21, and 115A.24. Members of the
16.20 advisory councils shall serve without compensation but shall be
16.21 reimbursed for their reasonable expenses as determined by the
16.22 director. The solid waste management advisory council and the
16.23 hazardous waste management planning council expire June 30, 1997.
16.24 Sec. 30. Minnesota Statutes 1996, section 115A.9651,
16.25 subdivision 1, is amended to read:
16.26 Subdivision 1. [PROHIBITION.] (a) Except as provided
16.27 in paragraphs paragraph (d) and (e), no person may distribute
16.28 for sale or use in this state any ink, dye, pigment, paint, or
16.29 fungicide manufactured after September 1, 1994, into which lead,
16.30 cadmium, mercury, or hexavalent chromium has been intentionally
16.31 introduced.
16.32 (b) For the purposes of this subdivision, "intentionally
16.33 introduce" means to deliberately use a metal listed in paragraph
16.34 (a) as an element during manufacture or distribution of an item
16.35 listed in paragraph (a). Intentional introduction does not
16.36 include the incidental presence of any of the prohibited
17.1 elements.
17.2 (c) The concentration of a listed metal in an item listed
17.3 in paragraph (a) may not exceed 100 parts per million.
17.4 (d) The prohibition on the use of lead in substances
17.5 utilized in marking road, street, highway, and bridge pavements
17.6 does not take effect until July 1, 1998.
17.7 (e) The use of lead in substances utilized in marking road,
17.8 street, highway, and bridge pavements is exempt from this
17.9 subdivision until July 1, 1998.
17.10 Sec. 31. Minnesota Statutes 1996, section 115B.20,
17.11 subdivision 1, is amended to read:
17.12 Subdivision 1. [ESTABLISHMENT.] (a) The environmental
17.13 response, compensation, and compliance account is in the
17.14 environmental fund in the state treasury and may be spent only
17.15 for the purposes provided in subdivision 2.
17.16 (b) The commissioner of finance shall administer a response
17.17 account for the agency and the commissioner of agriculture to
17.18 take removal, response, and other actions authorized under
17.19 subdivision 2, clauses (1) to (4) and (11) (10) to (13) (12).
17.20 The commissioner of finance shall transfer money from the
17.21 response account to the agency and the commissioner of
17.22 agriculture to take actions required under subdivision 2,
17.23 clauses (1) to (4) and (11) (10) to (13) (12).
17.24 (c) The commissioner of finance shall administer the
17.25 account in a manner that allows the commissioner of agriculture
17.26 and the agency to utilize the money in the account to implement
17.27 their removal and remedial action duties as effectively as
17.28 possible.
17.29 (d) Amounts appropriated to the commissioner of finance
17.30 under this subdivision shall not be included in the department
17.31 of finance budget but shall be included in the pollution control
17.32 agency and department of agriculture budgets.
17.33 (e) All money recovered by the state under section 115B.04
17.34 or any other law for injury to, destruction of, or loss of
17.35 natural resources resulting from the release of a hazardous
17.36 substance, or a pollutant or contaminant, must be credited to
18.1 the environmental response, compensation, and compliance account
18.2 in the environmental fund and is appropriated to the
18.3 commissioner of natural resources for purposes of subdivision 2,
18.4 clause (6), consistent with any applicable term of judgments,
18.5 consent decrees, consent orders, or other administrative actions
18.6 requiring payments to the state for such purposes. Before
18.7 making an expenditure of money appropriated under this
18.8 paragraph, the commissioner of natural resources shall provide
18.9 written notice of the proposed expenditure to the chairs of the
18.10 senate committee on finance, the house of representatives
18.11 committee on ways and means, the finance division of the senate
18.12 committee on environment and natural resources, and the house of
18.13 representatives committee on environment and natural resources
18.14 finance.
18.15 Sec. 32. Minnesota Statutes 1996, section 115B.20,
18.16 subdivision 2, is amended to read:
18.17 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject
18.18 to appropriation by the legislature the money in the account may
18.19 be spent for any of the following purposes:
18.20 (1) preparation by the agency and the commissioner of
18.21 agriculture for taking removal or remedial action under section
18.22 115B.17, or under chapter 18D, including investigation,
18.23 monitoring and testing activities, enforcement and compliance
18.24 efforts relating to the release of hazardous substances,
18.25 pollutants or contaminants under section 115B.17 or 115B.18, or
18.26 chapter 18D;
18.27 (2) removal and remedial actions taken or authorized by the
18.28 agency or the commissioner of the pollution control agency under
18.29 section 115B.17, or taken or authorized by the commissioner of
18.30 agriculture under chapter 18D including related enforcement and
18.31 compliance efforts under section 115B.17 or 115B.18, or chapter
18.32 18D, and payment of the state share of the cost of remedial
18.33 action which may be carried out under a cooperative agreement
18.34 with the federal government pursuant to the Federal Superfund
18.35 Act, under United States Code, title 42, section 9604(c)(3) for
18.36 actions related to facilities other than commercial hazardous
19.1 waste facilities located under the siting authority of chapter
19.2 115A;
19.3 (3) reimbursement to any private person for expenditures
19.4 made before July 1, 1983, to provide alternative water supplies
19.5 deemed necessary by the agency or the commissioner of
19.6 agriculture and the department of health to protect the public
19.7 health from contamination resulting from the release of a
19.8 hazardous substance;
19.9 (4) removal and remedial actions taken or authorized by the
19.10 agency or the commissioner of agriculture or the pollution
19.11 control agency under section 115B.17, or chapter 18D, including
19.12 related enforcement and compliance efforts under section 115B.17
19.13 or 115B.18, or chapter 18D, and payment of the state share of
19.14 the cost of remedial action which may be carried out under a
19.15 cooperative agreement with the federal government pursuant to
19.16 the Federal Superfund Act, under United States Code, title 42,
19.17 section 9604(c)(3) for actions related to commercial hazardous
19.18 waste facilities located under the siting authority of chapter
19.19 115A;
19.20 (5) compensation as provided by law, after submission by
19.21 the office of environmental assistance of the report required
19.22 under section 115A.08, subdivision 5, to mitigate any adverse
19.23 impact of the location of commercial hazardous waste processing
19.24 or disposal facilities located pursuant to the siting authority
19.25 of chapter 115A;
19.26 (6) planning and implementation by the commissioner of
19.27 natural resources of the rehabilitation, restoration, or
19.28 acquisition of natural resources to remedy injuries or losses to
19.29 natural resources resulting from the release of a hazardous
19.30 substance;
19.31 (7) (6) inspection, monitoring, and compliance efforts by
19.32 the agency, or by political subdivisions with agency approval,
19.33 of commercial hazardous waste facilities located under the
19.34 siting authority of chapter 115A;
19.35 (8) (7) grants by the agency or the office of environmental
19.36 assistance to demonstrate alternatives to land disposal of
20.1 hazardous waste including reduction, separation, pretreatment,
20.2 processing and resource recovery, for education of persons
20.3 involved in regulating and handling hazardous waste;
20.4 (9) (8) intervention and environmental mediation by the
20.5 legislative commission on waste management under chapter 115A;
20.6 and
20.7 (10) (9) grants by the agency to study the extent of
20.8 contamination and feasibility of cleanup of hazardous substances
20.9 and pollutants or contaminants in major waterways of the state;
20.10 (11) (10) acquisition of a property interest under section
20.11 115B.17, subdivision 15;
20.12 (12) (11) reimbursement, in an amount to be determined by
20.13 the agency in each case, to a political subdivision that is not
20.14 a responsible person under section 115B.03, for reasonable and
20.15 necessary expenditures resulting from an emergency caused by a
20.16 release or threatened release of a hazardous substance,
20.17 pollutant, or contaminant; and
20.18 (13) (12) reimbursement to a political subdivision for
20.19 expenditures in excess of the liability limit under section
20.20 115B.04, subdivision 4.
20.21 Sec. 33. Minnesota Statutes 1996, section 115B.39,
20.22 subdivision 2, is amended to read:
20.23 Subd. 2. [DEFINITIONS.] (a) In addition to the definitions
20.24 in this subdivision, the definitions in sections 115A.03 and
20.25 115B.02 apply to sections 115B.39 to 115B.46 115B.445, except as
20.26 specifically modified in this subdivision.
20.27 (b) "Cleanup order" means a consent order between
20.28 responsible persons and the agency or an order issued by the
20.29 United States Environmental Protection Agency under section 106
20.30 of the federal Superfund Act.
20.31 (c) "Closure" means actions to prevent or minimize the
20.32 threat to public health and the environment posed by a mixed
20.33 municipal solid waste disposal facility that has stopped
20.34 accepting waste by controlling the sources of releases or
20.35 threatened releases at the facility. "Closure" includes
20.36 removing contaminated equipment and liners; applying final
21.1 cover; grading and seeding final cover; installing wells,
21.2 borings, and other monitoring devices; constructing groundwater
21.3 and surface water diversion structures; and installing gas
21.4 control systems and site security systems, as necessary. The
21.5 commissioner may authorize use of final cover that includes
21.6 processed materials that meet the requirements in Code of
21.7 Federal Regulations, title 40, section 503.32, paragraph (a).
21.8 (d) "Contingency action" means organized, planned, or
21.9 coordinated courses of action to be followed in case of fire,
21.10 explosion, or release of solid waste, waste by-products, or
21.11 leachate that could threaten human health or the environment.
21.12 (e) "Corrective action" means steps taken to repair
21.13 facility structures including liners, monitoring wells,
21.14 separation equipment, covers, and aeration devices and to bring
21.15 the facility into compliance with design, construction,
21.16 groundwater, surface water, and air emission standards.
21.17 (f) "Decomposition gases" means gases produced by chemical
21.18 or microbial activity during the decomposition of solid waste.
21.19 (g) "Environmental response action" means response action
21.20 at a qualified facility, including corrective action, closure,
21.21 postclosure care; contingency action; environmental studies,
21.22 including remedial investigations and feasibility studies;
21.23 engineering, including remedial design; removal; remedial
21.24 action; site construction; and other similar cleanup-related
21.25 activities.
21.26 (h) "Environmental response costs" means:
21.27 (1) costs of environmental response action, not including
21.28 legal or administrative expenses; and
21.29 (2) costs required to be paid to the federal government
21.30 under section 107(a) of the federal Superfund Act, as amended.
21.31 (i) "Postclosure" or "postclosure care" means actions taken
21.32 for the care, maintenance, and monitoring of closure actions at
21.33 a mixed municipal solid waste disposal facility.
21.34 (j) "Qualified facility" means a mixed municipal solid
21.35 waste disposal facility, including adjacent property used for
21.36 solid waste disposal, that:
22.1 (1) is or was permitted by the agency;
22.2 (2) stopped accepting solid waste, except demolition
22.3 debris, for disposal by April 9, 1994; and
22.4 (3) stopped accepting demolition debris for disposal by
22.5 June 1, 1994, except that demolition debris may be accepted
22.6 until May 1, 1995, at a permitted area where disposal of
22.7 demolition debris is allowed, if the area where the demolition
22.8 debris is deposited is at least 50 feet from the fill boundary
22.9 of the area where mixed municipal solid waste was deposited.
22.10 Sec. 34. Minnesota Statutes 1996, section 115B.412,
22.11 subdivision 5, is amended to read:
22.12 Subd. 5. [ENVIRONMENTAL LIEN.] An environmental lien for
22.13 environmental response costs incurred, including reimbursements
22.14 made under section 115B.43, by the commissioner under sections
22.15 115B.39 to 115B.46 115B.445 attaches in the same manner as a
22.16 lien under sections 514.671 to 514.676 to all the real property
22.17 described in the original and any revised permits for a
22.18 qualified facility and any adjacent property owned by the
22.19 facility owner or operator from the date the first assessment,
22.20 closure, postclosure care, or response activities related to the
22.21 facility are undertaken by the commissioner. For the purposes
22.22 of filing an environmental lien under this subdivision, the term
22.23 "cleanup action" as used in sections 514.671 to 514.676 includes
22.24 all of the costs incurred by the commissioner to assess, close,
22.25 maintain, monitor, and respond to releases at qualified
22.26 facilities under sections 115B.39 to 115B.46 115B.445.
22.27 Notwithstanding section 514.672, subdivision 4, a lien under
22.28 this paragraph takes precedence over all other liens on the
22.29 property regardless of when the other liens were or are
22.30 perfected. For the purpose of this subdivision, "owner or
22.31 operator" has the meaning given it in section 115B.41,
22.32 subdivision 4.
22.33 Sec. 35. Minnesota Statutes 1996, section 115B.42,
22.34 subdivision 2, is amended to read:
22.35 Subd. 2. [EXPENDITURES.] (a) Money in the fund may be
22.36 spent by the commissioner to:
23.1 (1) inspect permitted mixed municipal solid waste disposal
23.2 facilities to:
23.3 (i) evaluate the adequacy of final cover, slopes,
23.4 vegetation, and erosion control;
23.5 (ii) determine the presence and concentration of hazardous
23.6 substances, pollutants or contaminants, and decomposition gases;
23.7 and
23.8 (iii) determine the boundaries of fill areas;
23.9 (2) monitor and take, or reimburse others for,
23.10 environmental response actions, including emergency response
23.11 actions, at qualified facilities;
23.12 (3) acquire and dispose of property under section 115B.412,
23.13 subdivision 3;
23.14 (4) recover costs under sections section 115B.39 and
23.15 115B.46;
23.16 (5) administer, including providing staff and
23.17 administrative support for, sections 115B.39 to 115B.46
23.18 115B.445;
23.19 (6) enforce sections 115B.39 to 115B.46 115B.445;
23.20 (7) subject to appropriation, administer the agency's
23.21 groundwater and solid waste management programs;
23.22 (8) reimburse persons under section 115B.43; and
23.23 (9) reimburse mediation expenses up to a total of $250,000
23.24 annually or defense costs up to a total of $250,000 annually for
23.25 third-party claims for response costs under state or federal law
23.26 as provided in section 115B.414.
23.27 Sec. 36. Minnesota Statutes 1996, section 116.07,
23.28 subdivision 4b, is amended to read:
23.29 Subd. 4b. [PERMITS; HAZARDOUS WASTE FACILITIES.] (a) The
23.30 agency shall provide to the office of environmental assistance
23.31 established in section 115A.055, copies of each permit
23.32 application for a hazardous waste facility immediately upon its
23.33 submittal to the agency. The agency shall request
23.34 recommendations on each permit application from the office and
23.35 shall consult with the office on the agency's intended
23.36 disposition of the recommendations. Except as otherwise
24.1 provided in sections 115A.18 to 115A.30, the agency shall
24.2 commence any environmental review required under chapter 116D
24.3 within 120 days of its acceptance of a completed permit
24.4 application. The agency shall respond to a permit application
24.5 for a hazardous waste facility within 120 days following a
24.6 decision not to prepare environmental documents or following the
24.7 acceptance of a negative declaration notice or an environmental
24.8 impact statement. Except as otherwise provided in sections
24.9 115A.18 to 115A.30, within 60 days following the submission of a
24.10 final permit application for a hazardous waste facility, unless
24.11 a time extension is agreed to by the applicant, the agency shall
24.12 issue or deny all permits needed for the construction of the
24.13 proposed facility.
24.14 (b) The agency shall promulgate rules pursuant to chapter
24.15 14 for all hazardous waste facilities. After the report of the
24.16 office of environmental assistance required by section 115A.08,
24.17 subdivision 5a, has been submitted to the legislature, the
24.18 agency shall review its rules for hazardous waste facilities and
24.19 shall consider whether any of the rules should be modified or if
24.20 new rules should be adopted based on the recommendations in the
24.21 report. The rules shall require:
24.22 (1) contingency plans for all hazardous waste facilities
24.23 which provide for effective containment and control in any
24.24 emergency condition;
24.25 (2) the establishment of a mechanism to assure that money
24.26 to cover the costs of closure and postclosure monitoring and
24.27 maintenance of hazardous waste facilities will be available;
24.28 (3) the maintenance of liability insurance by the owner or
24.29 operator of hazardous waste facilities during the operating life
24.30 of the facility.
24.31 Sec. 37. Minnesota Statutes 1996, section 116.07,
24.32 subdivision 10, is amended to read:
24.33 Subd. 10. [SOLID WASTE GENERATOR ASSESSMENTS.] (a) For the
24.34 purposes of this subdivision:
24.35 (1) "assessed waste" means mixed municipal solid waste as
24.36 defined in section 115A.03, subdivision 21, infectious waste as
25.1 defined in section 116.76, subdivision 12, pathological waste as
25.2 defined in section 116.76, subdivision 14, industrial waste as
25.3 defined in section 115A.03, subdivision 13a, and construction
25.4 debris as defined in section 115A.03, subdivision 7; provided
25.5 that all types of assessed waste listed in this clause do not
25.6 include:
25.7 (i) materials that are separated for recycling by the
25.8 generator and that are collected separately from other waste and
25.9 delivered to a waste facility for the purpose of recycling and
25.10 recycled;
25.11 (ii) materials that are separated for recycling by the
25.12 generator, collected and delivered to a waste facility that
25.13 recycles at least 85 percent of its waste, and are collected
25.14 with mixed municipal solid waste that is segregated in leakproof
25.15 bags, provided that the mixed municipal solid waste does not
25.16 exceed five percent of the total weight of the materials
25.17 delivered to the facility and is ultimately delivered to a
25.18 facility designated under sections 115A.80 to 115A.893; and
25.19 (iii) waste generated outside of Minnesota;
25.20 (2) "noncompacted cubic yard" means a loose cubic yard of
25.21 assessed waste;
25.22 (3) "nonresidential customer" means:
25.23 (i) an owner or operator of a business, including a home
25.24 operated business, industry, church, nursing home, nonprofit
25.25 organization, school, or any other commercial or institutional
25.26 enterprise;
25.27 (ii) an owner of a building or site containing multiple
25.28 residences, including a townhome or manufactured home park,
25.29 where no resident has separate trash pickup, and no resident is
25.30 separately assessed for such service; and
25.31 (iii) any other generator of assessed waste that is not a
25.32 residential customer as defined in clause (6);
25.33 (4) "periodic waste collection" means each time a waste
25.34 container is emptied by the person that collects the assessed
25.35 waste;
25.36 (5) "person that collects assessed waste" means each person
26.1 that is required to pay sales tax on solid waste collection
26.2 services under section 297A.45, or would pay sales tax under
26.3 that section if the assessed waste was mixed municipal solid
26.4 waste; and
26.5 (6) "residential customer" means:
26.6 (i) a detached single family residence that generates only
26.7 household mixed municipal solid waste; and
26.8 (ii) a person residing in a building or at a site
26.9 containing multiple residences, including a townhome or a
26.10 manufactured home park, where each resident either (A) is
26.11 separately assessed for waste collection or (B) has separate
26.12 waste collection for each resident, even if the resident pays to
26.13 the owner or an association a monthly maintenance fee which
26.14 includes the expense of waste collection, and the owner or
26.15 association pays the waste collector for waste collection in one
26.16 lump sum.
26.17 (b) A person that collects assessed waste shall collect and
26.18 remit to the commissioner of revenue a solid waste generator
26.19 assessment from each of the person's customers as provided in
26.20 paragraphs (c) and (d). A waste management facility that
26.21 accepts assessed waste shall collect and remit to the
26.22 commissioner of revenue the solid waste assessment as provided
26.23 in paragraph (e).
26.24 (c) Except as provided in paragraph (f), the amount of the
26.25 assessment for each residential customer is $2 per year. Each
26.26 person that collects assessed waste shall collect the assessment
26.27 annually from each residential customer that is receiving mixed
26.28 municipal solid waste collection service on July 1 of each year
26.29 and shall remit the amount actually collected along with the
26.30 person's first remittance of the sales tax on solid waste
26.31 collection services, described in section 297A.45, made after
26.32 October 1 of each year. For buildings or sites that contain
26.33 multiple residences that are not separately billed for
26.34 collection services, the person who collects assessed waste
26.35 shall collect the assessment for all the residences from the
26.36 person who is billed for the collection service. Any amount of
27.1 the assessment that is received by the person that collects
27.2 assessed waste after October 1 of each year must be remitted
27.3 along with the person's next remittance of sales tax after
27.4 receipt of the assessment.
27.5 (d)(1) Except as provided in clause (2), the amount of the
27.6 assessment for each nonresidential customer is 60 cents per
27.7 noncompacted cubic yard of periodic waste collection capacity
27.8 purchased by the customer, based on the size of the container
27.9 for the assessed waste. For a residential customer that
27.10 generates assessed waste that is not mixed municipal solid
27.11 waste, the amount of the assessment is 60 cents per noncompacted
27.12 cubic yard of collection capacity purchased for the waste that
27.13 is not mixed municipal solid waste, based on the size of the
27.14 container for the waste. If the capacity purchased is for
27.15 compacted cubic yards of mixed municipal solid waste, the
27.16 noncompacted capacity purchased is based on the compaction ratio
27.17 of 3:1. The commissioner of revenue, after consultation with
27.18 the commissioner of the pollution control agency, shall
27.19 determine, and may publish by notice, compaction rates for other
27.20 types of waste where they exist and conversion schedules for
27.21 waste that is managed by measurements other than cubic yards.
27.22 Each person that collects assessed waste shall collect the
27.23 assessment from each nonresidential customer as part of each
27.24 statement for payment of waste collection charges and shall
27.25 remit the amount actually collected along with the next
27.26 remittance of sales tax after receipt of the assessment.
27.27 (2) The assessment for nonresidential customers for the
27.28 mixed municipal solid waste that is collected with
27.29 source-separated recyclable materials as described in paragraph
27.30 (a), clause (1), item (ii), is three-tenths of a cent per
27.31 gallon. The customer must pay by purchasing specific collection
27.32 bags or stickers that include the cost of the collection service
27.33 and assessment.
27.34 (e) A person who transports assessed waste generated by
27.35 that person or by another person without compensation shall pay
27.36 an assessment of 60 cents per noncompacted cubic yard or the
28.1 equivalent to the operator of the waste management facility to
28.2 which the waste is delivered. The operator shall remit the
28.3 assessments actually collected under this paragraph to the
28.4 commissioner of revenue. This subdivision does not apply to a
28.5 person who transports industrial waste generated by that person
28.6 to a facility owned and operated by that person.
28.7 (f) The amount of the assessment for each residential
28.8 customer that is subject to a mixed municipal solid waste
28.9 collection service for which the customer pays, based on the
28.10 volume of waste collected, by purchasing specific collection
28.11 bags or stickers from the waste collector, municipality, or
28.12 other vendor is either:
28.13 (1) determined by a method developed by the waste collector
28.14 or municipality and approved by the commissioner of revenue,
28.15 which yields the equivalent of approximately a $2 annual
28.16 assessment per household; or
28.17 (2) three cents per each 35 gallon unit or less. If the
28.18 per unit fee method under this clause is used, it is the
28.19 responsibility of the waste collector or the municipality who is
28.20 selling the bags or stickers to remit the amount of the
28.21 assessment to the department of revenue, according to a payment
28.22 schedule provided by the commissioner of revenue. The
28.23 collection service and assessment under this clause shall be
28.24 included in the price of the bag or sticker.
28.25 (g) The commissioner of revenue shall redesign sales tax
28.26 forms for persons that collect assessed waste to accommodate
28.27 payment of the assessment. The amounts remitted under this
28.28 subdivision must be deposited in the state treasury and credited
28.29 to the solid waste fund established in section 115B.42.
28.30 (h) For persons that collect assessed waste and operators
28.31 of waste management facilities who are required to collect the
28.32 solid waste generator assessments under this subdivision, and
28.33 persons who are required to remit the assessment under paragraph
28.34 (f), and who do not collect and remit the sales tax on solid
28.35 waste collection services under section 297A.45, the
28.36 commissioner of revenue shall determine when and in what manner
29.1 the persons and operators must remit the assessment amounts
29.2 actually collected.
29.3 (i) For the purposes of this subdivision, the requirement
29.4 to "collect" the solid waste generator assessment under
29.5 paragraph (b) means that the person to whom the requirement
29.6 applies shall:
29.7 (i) include the amount of the assessment in the appropriate
29.8 statement of charges for waste collection services and in any
29.9 action to enforce payment on delinquent accounts;
29.10 (ii) accurately account for assessments received;
29.11 (iii) indicate to generators that payment of the assessment
29.12 by the waste generator is required by law and inform generators,
29.13 using information supplied by the commissioner of the agency, of
29.14 the purposes for which revenue from the assessment will be
29.15 spent; and
29.16 (iv) cooperate fully with the commissioner of revenue to
29.17 identify generators of assessed waste who fail to remit payment
29.18 of the assessment.
29.19 (j) The audit, penalty, enforcement, and administrative
29.20 provisions applicable to taxes imposed under chapter 297A apply
29.21 to the assessments imposed under this subdivision.
29.22 (k) If less than $25,000,000 is projected to be available
29.23 for new encumbrances in any fiscal year after fiscal year 1996
29.24 from all existing dedicated revenue sources for landfill cleanup
29.25 and reimbursement costs under sections 115B.39 to 115B.46
29.26 115B.445, by April 1 before the next fiscal year in which the
29.27 shortfall is projected the commissioner of the agency shall
29.28 certify to the commissioner of revenue the amount of the
29.29 shortfall. To provide for the shortfall, the commissioner of
29.30 revenue shall increase the assessment under paragraphs (d) and
29.31 (e) by an amount sufficient to generate revenue equal to the
29.32 amount of the shortfall effective the following July 1 and shall
29.33 provide notice of the increased assessment by May 1 following
29.34 certification to persons who are required to collect and remit
29.35 the solid waste generator assessments under this subdivision.
29.36 Sec. 38. Minnesota Statutes 1996, section 116C.91,
30.1 subdivision 1, is amended to read:
30.2 Subdivision 1. [SCOPE.] As used in sections 116C.91 to
30.3 116C.98 116C.97, the terms defined in this section have the
30.4 meanings given them.
30.5 Sec. 39. Minnesota Statutes 1996, section 116J.75,
30.6 subdivision 1, is amended to read:
30.7 Subdivision 1. [APPOINTMENT OF DIRECTOR.] The head of the
30.8 bureau shall be the director of business licenses. The director
30.9 shall be appointed by the commissioner in accordance with
30.10 section 216C.23 116J.01, and shall be in the classified service.
30.11 Sec. 40. [REPEALER; SECTION 116J.975.]
30.12 Minnesota Statutes 1996, section 116J.975, is repealed.
30.13 Sec. 41. [REPEALER; SECTION 118.01, SUBDIVISION 1, NOTE.]
30.14 Laws 1996, chapter 414, article 1, section 30, is repealed.
30.15 Sec. 42. Minnesota Statutes 1996, section 119A.04,
30.16 subdivision 5, is amended to read:
30.17 Subd. 5. [DEPARTMENT OF PUBLIC SAFETY.] The powers and
30.18 duties with respect to the following program is transferred to
30.19 the department of children, families, and learning under section
30.20 15.039: drug policy and violence prevention and the community
30.21 advisory violence prevention councils under sections 119A.25 to
30.22 119A.35 119A.33 and 119A.36 119A.34.
30.23 Sec. 43. Minnesota Statutes 1996, section 120.062,
30.24 subdivision 12, is amended to read:
30.25 Subd. 12. [GENERAL EDUCATION AID.] Adjustments to general
30.26 education aid, capital expenditure facilities aid, and equipment
30.27 aid for the resident and nonresident districts shall be made
30.28 according to sections section 124A.036, subdivision 5, and
30.29 124.245, subdivision 6, respectively.
30.30 Sec. 44. Minnesota Statutes 1996, section 120.075,
30.31 subdivision 5, is amended to read:
30.32 Subd. 5. General education aid, capital expenditure
30.33 facilities aid, capital expenditure equipment aid, and
30.34 transportation aid attributable to pupils covered by programs
30.35 under this section must be paid according to sections 124A.036,
30.36 subdivision 5, 124.245, subdivision 6, and 124.225, subdivision
31.1 8l.
31.2 Sec. 45. Minnesota Statutes 1996, section 120.0751,
31.3 subdivision 6, is amended to read:
31.4 Subd. 6. [AID.] General education aid, capital expenditure
31.5 facilities aid, capital expenditure equipment aid, and
31.6 transportation aid for pupils covered by programs under this
31.7 section must be paid according to sections 124A.036, subdivision
31.8 5, 124.245, subdivision 6, and 124.225, subdivision 8l.
31.9 Sec. 46. Minnesota Statutes 1996, section 120.0752,
31.10 subdivision 4, is amended to read:
31.11 Subd. 4. General education aid, capital expenditure
31.12 facilities aid, capital expenditure equipment aid, and
31.13 transportation aid for pupils covered by programs under this
31.14 section must be paid according to sections 124A.036, subdivision
31.15 5, 124.245, subdivision 6, and 124.225, subdivision 8l.
31.16 Sec. 47. Minnesota Statutes 1996, section 121.15,
31.17 subdivision 1, is amended to read:
31.18 Subdivision 1. [CONSULTATION.] A school district shall
31.19 consult with the commissioner of children, families, and
31.20 learning before developing any plans and specifications to
31.21 construct, remodel, or improve the building or site of an
31.22 educational facility for which the estimated cost exceeds
31.23 $100,000. This consultation shall occur before a referendum for
31.24 bonds, solicitation for bids, or use of capital expenditure
31.25 facilities revenue according to section 124.243 124A.22,
31.26 subdivision 6 11, clause (2). The commissioner may require the
31.27 district to participate in a management assistance plan before
31.28 conducting a review and comment on the project.
31.29 Sec. 48. Minnesota Statutes 1996, section 121.912,
31.30 subdivision 1, is amended to read:
31.31 Subdivision 1. [LIMITATIONS.] Except as provided in this
31.32 subdivision, sections 121.9121, 123.36, 124.243, 475.61, and
31.33 475.65, a school district may not permanently transfer money
31.34 from (1) an operating fund to a nonoperating fund; (2) a
31.35 nonoperating fund to another nonoperating fund; or (3) a
31.36 nonoperating fund to an operating fund. Permanent transfers may
32.1 be made from any fund to any other fund to correct for prior
32.2 fiscal years' errors discovered after the books have been closed
32.3 for that year. Permanent transfers may be made from the general
32.4 fund to any other operating funds according to section 123.7045
32.5 or if the resources of the other fund are not adequate to
32.6 finance approved expenditures from that other fund. Permanent
32.7 transfers may also be made from the general fund to eliminate
32.8 deficits in another fund when that other fund is being
32.9 discontinued. When a district discontinues operation of a
32.10 district-owned bus fleet or a substantial portion of a fleet,
32.11 the balance shall cancel to the district's general fund.
32.12 Sec. 49. Minnesota Statutes 1996, section 124.155,
32.13 subdivision 2, is amended to read:
32.14 Subd. 2. [ADJUSTMENT TO AIDS.] (a) The amount specified in
32.15 subdivision 1 shall be used to adjust the following state aids
32.16 and credits in the order listed:
32.17 (1) general education aid authorized in sections section
32.18 124A.23 and 124B.20;
32.19 (2) secondary vocational aid authorized in section 124.573;
32.20 (3) special education aid authorized in sections
32.21 124.32, and 124.3201, and 124.3202;
32.22 (4) secondary vocational aid for children with a disability
32.23 authorized in section 124.574;
32.24 (5) aid for pupils of limited English proficiency
32.25 authorized in section 124.273;
32.26 (6) transportation aid authorized in section 124.225;
32.27 (7) community education programs aid authorized in section
32.28 124.2713;
32.29 (8) adult education aid authorized in section 124.26;
32.30 (9) early childhood family education aid authorized in
32.31 section 124.2711;
32.32 (10) capital expenditure aid authorized in sections
32.33 124.243, 124.244, and section 124.83;
32.34 (11) school district cooperation aid authorized in section
32.35 124.2727;
32.36 (12) assurance of mastery aid according to section 124.311;
33.1 (13) homestead and agricultural credit aid, disparity
33.2 credit and aid, and changes to credits for prior year
33.3 adjustments according to section 273.1398, subdivisions 2, 3, 4,
33.4 and 7;
33.5 (14) attached machinery aid authorized in section 273.138,
33.6 subdivision 3;
33.7 (15) alternative delivery aid authorized in section
33.8 124.322;
33.9 (16) special education equalization aid authorized in
33.10 section 124.321;
33.11 (17) special education excess cost aid authorized in
33.12 section 124.323;
33.13 (18) learning readiness aid authorized in section 124.2615;
33.14 and
33.15 (19) cooperation-combination aid authorized in section
33.16 124.2725.
33.17 (b) The commissioner of children, families, and learning
33.18 shall schedule the timing of the adjustments to state aids and
33.19 credits specified in subdivision 1, as close to the end of the
33.20 fiscal year as possible.
33.21 Sec. 50. [REPEALER; SECTION 124.2442.]
33.22 Minnesota Statutes 1996, section 124.2442, is repealed.
33.23 Sec. 51. [REPEALER; SECTION 124.245.]
33.24 Minnesota Statutes 1996, section 124.245, is repealed.
33.25 Sec. 52. Minnesota Statutes 1996, section 124.248,
33.26 subdivision 3, is amended to read:
33.27 Subd. 3. [SPECIAL EDUCATION AND LIMITED ENGLISH
33.28 PROFICIENCY AID.] Special education aid shall be paid to a
33.29 charter school according to sections section 124.3201 and
33.30 124.3202, as though it were a school district. The charter
33.31 school may charge tuition to the district of residence as
33.32 provided in section 120.17, subdivision 4. Limited English
33.33 proficiency programs aid shall be paid to a charter school
33.34 according to section 124.273 as though it were a school
33.35 district. The charter school shall allocate its special
33.36 education levy equalization revenue to the resident districts of
34.1 the pupils attending the charter school. The districts of
34.2 residence shall levy as though they were participating in a
34.3 cooperative, as provided in section 124.321, subdivision 3.
34.4 Sec. 53. Minnesota Statutes 1996, section 124.2725,
34.5 subdivision 11, is amended to read:
34.6 Subd. 11. [USE OF REVENUE.] Revenue under this section
34.7 shall be used for expenses of cooperating and combining school
34.8 districts, including, but not limited to:
34.9 (1) secondary course offerings in communications,
34.10 mathematics, science, social studies, foreign languages,
34.11 physical education, health, and career education if the courses
34.12 have specific learner outcomes;
34.13 (2) participation by teachers in determining the learner
34.14 outcomes;
34.15 (3) staff in-service related to cooperation and
34.16 combination;
34.17 (4) any of the purposes set forth in sections 124.243
34.18 section 124A.22, subdivision 6 11, clauses (3),
34.19 (4), and (15), and 124.244, subdivision 4, clauses (2), (3),
34.20 (4), (5), and (6) (18), (19), (20), (21), and (22), if the
34.21 purposes are related to courses offered cooperatively; and
34.22 (5) incentives for superintendents, principals, teachers,
34.23 and other licensed and nonlicensed employees, such as early
34.24 retirement, severance pay, and health insurance benefits.
34.25 Sec. 54. Minnesota Statutes 1996, section 124.3201,
34.26 subdivision 1, is amended to read:
34.27 Subdivision 1. [DEFINITIONS.] For the purposes of this
34.28 section and sections 124.3202 and section 124.321, the
34.29 definitions in this subdivision apply.
34.30 (a) "Base year" for fiscal year 1996 and fiscal year 1997
34.31 means the 1994 summer program and the 1994-1995 school year.
34.32 Base year for later fiscal years means the second fiscal year
34.33 preceding the fiscal year for which aid will be paid.
34.34 (b) "Basic revenue" has the meaning given it in section
34.35 124A.22, subdivision 2. For the purposes of computing basic
34.36 revenue pursuant to this section, each child with a disability
35.1 shall be counted as prescribed in section 124.17, subdivision 1.
35.2 (c) "Essential personnel" means teachers, related services,
35.3 and support services staff providing direct services to students.
35.4 (d) "Average daily membership" has the meaning given it in
35.5 section 124.17.
35.6 (e) "Program growth factor" means 1.00 for fiscal year 1998
35.7 and later.
35.8 (f) "Aid percentage factor" means 60 percent for fiscal
35.9 year 1996, 70 percent for fiscal year 1997, 80 percent for
35.10 fiscal year 1998, 90 percent for fiscal year 1999, and 100
35.11 percent for fiscal years 2000 and later.
35.12 (g) "Levy percentage factor" means 100 minus the aid
35.13 percentage factor for that year.
35.14 Sec. 55. Minnesota Statutes 1996, section 124.3201,
35.15 subdivision 2b, is amended to read:
35.16 Subd. 2b. [SPECIAL EDUCATION COURT PLACEMENT REVENUE.] For
35.17 fiscal year 1996 and later, a district's special education court
35.18 placement revenue is equal to 50 percent of the difference
35.19 between expenditures for teachers' salaries, contracted
35.20 services, supplies, and equipment eligible for revenues under
35.21 sections section 124.3201 and 124.3202, in the base year and
35.22 actual expenditures for pupils with disabilities who receive
35.23 services pursuant to a court order.
35.24 Sec. 56. [REPEALER; SECTION 124.3202.]
35.25 Minnesota Statutes 1996, section 124.3202, is repealed.
35.26 Sec. 57. Minnesota Statutes 1996, section 124.321,
35.27 subdivision 1, is amended to read:
35.28 Subdivision 1. [LEVY EQUALIZATION REVENUE.] (a) For fiscal
35.29 years 1996 and later, special education levy equalization
35.30 revenue for a school district, excluding an intermediate school
35.31 district, equals the sum of the following amounts:
35.32 (1) the levy percentage factor for that year times the
35.33 district's special education revenue under section 124.3201;
35.34 plus
35.35 (2) the levy percentage factor for that year times the
35.36 district's special education summer program revenue under
36.1 section 124.3202; plus
36.2 (3) the levy percentage factor for that year times the
36.3 district's special education excess cost revenue under section
36.4 124.323; plus
36.5 (4) (3) the levy percentage factor for that year times the
36.6 district's secondary vocational education for children with a
36.7 disability revenue under section 124.574; plus
36.8 (5) (4) the levy percentage factor for that year times the
36.9 district's limited English proficiency programs revenue under
36.10 section 124.273.
36.11 Sec. 58. Minnesota Statutes 1996, section 124.321,
36.12 subdivision 2, is amended to read:
36.13 Subd. 2. [REVENUE ALLOCATION FROM STATE ACADEMIES.] (a)
36.14 For purposes of this section, the Minnesota state academy for
36.15 the deaf or the Minnesota state academy for the blind each year
36.16 shall allocate an amount equal to the levy percentage factor for
36.17 that year times their special education revenue under section
36.18 124.3201 and their special education summer program revenue
36.19 under section 124.3202 for the year to each school district that
36.20 assigns a child with an individual education plan requiring an
36.21 instructional aide to attend either academy. The school
36.22 districts that assign a child who requires an instructional aide
36.23 may make a levy in the amount of the costs allocated to them by
36.24 either academy.
36.25 (b) When the Minnesota state academy for the deaf or the
36.26 Minnesota state academy for the blind allocates revenue among
36.27 school districts that assign a child who requires an
36.28 instructional aide, for purposes of the districts making a levy
36.29 under this subdivision, the academy shall provide information to
36.30 the department of children, families, and learning on the amount
36.31 of revenue it allocated to the school districts that assign a
36.32 child who requires an instructional aide.
36.33 Sec. 59. Minnesota Statutes 1996, section 124.322,
36.34 subdivision 1a, is amended to read:
36.35 Subd. 1a. [BASE REVENUE ADJUSTMENT.] For the third fiscal
36.36 year after approval of a district's application, and thereafter,
37.1 the special education base revenue under section 124.3201,
37.2 subdivision 1, and the summer program base revenue under section
37.3 124.3202, subdivision 1, shall be computed based on activities
37.4 defined as reimbursable under state board rules for special
37.5 education and nonspecial education students, and additional
37.6 activities as detailed and approved by the commissioner of
37.7 children, families, and learning.
37.8 Sec. 60. Minnesota Statutes 1996, section 124.322,
37.9 subdivision 5, is amended to read:
37.10 Subd. 5. [USE OF REVENUE.] Revenue under sections section
37.11 124.3201 and 124.3202 shall be used to implement the approved
37.12 program.
37.13 Sec. 61. Minnesota Statutes 1996, section 124.323,
37.14 subdivision 1, is amended to read:
37.15 Subdivision 1. [DEFINITIONS.] In this section, the
37.16 definitions in this subdivision apply.
37.17 (a) "Unreimbursed special education cost" means the sum of
37.18 the following:
37.19 (1) expenditures for teachers' salaries, contracted
37.20 services, supplies, and equipment eligible for revenue under
37.21 sections section 124.3201 and 124.3202; plus
37.22 (2) expenditures for tuition bills received under section
37.23 120.17 for services eligible for revenue under sections
37.24 124.3201, subdivision 2, and 124.3202, subdivision 1; minus
37.25 (3) revenue for teachers' salaries, contracted services,
37.26 supplies, and equipment under sections 124.3201 and 124.3202;
37.27 minus
37.28 (4) tuition receipts under section 120.17 for services
37.29 eligible for revenue under sections 124.3201, subdivision 2, and
37.30 124.3202, subdivision 1.
37.31 (b) "General revenue," for fiscal year 1996, means the sum
37.32 of the general education revenue according to section 124A.22,
37.33 subdivision 1, as adjusted according to section 124A.036,
37.34 subdivision 5, plus the total referendum revenue according to
37.35 section 124A.03, subdivision 1e. For fiscal years 1997 and
37.36 later, "general revenue" means the sum of the general education
38.1 revenue according to section 124A.22, subdivision 1, as adjusted
38.2 according to section 124A.036, subdivision 5, plus the total
38.3 referendum revenue minus transportation sparsity revenue minus
38.4 total operating capital revenue.
38.5 Sec. 62. Minnesota Statutes 1996, section 124.574,
38.6 subdivision 7, is amended to read:
38.7 Subd. 7. A district shall not receive aid pursuant to
38.8 section 124.3201, 124.3202, 124.321, or 124.573 for salaries,
38.9 supplies, travel or equipment for which the district receives
38.10 aid pursuant to this section.
38.11 Sec. 63. Minnesota Statutes 1996, section 124.91,
38.12 subdivision 1, is amended to read:
38.13 Subdivision 1. [TO LEASE BUILDING OR LAND.] When a
38.14 district finds it economically advantageous to rent or lease a
38.15 building or land for any instructional purposes or for school
38.16 storage or furniture repair, and it determines that the capital
38.17 expenditure facilities revenues authorized under sections
38.18 124.243 and section 124A.22, subdivision 10, are insufficient
38.19 for this purpose, it may apply to the commissioner for
38.20 permission to make an additional capital expenditure levy for
38.21 this purpose. An application for permission to levy under this
38.22 subdivision must contain financial justification for the
38.23 proposed levy, the terms and conditions of the proposed lease,
38.24 and a description of the space to be leased and its proposed
38.25 use. The criteria for approval of applications to levy under
38.26 this subdivision must include: the reasonableness of the price,
38.27 the appropriateness of the space to the proposed activity, the
38.28 feasibility of transporting pupils to the leased building or
38.29 land, conformity of the lease to the laws and rules of the state
38.30 of Minnesota, and the appropriateness of the proposed lease to
38.31 the space needs and the financial condition of the district.
38.32 The commissioner must not authorize a levy under this
38.33 subdivision in an amount greater than the cost to the district
38.34 of renting or leasing a building or land for approved purposes.
38.35 The proceeds of this levy must not be used for custodial or
38.36 other maintenance services. A district may not levy under this
39.1 subdivision for the purpose of leasing or renting a
39.2 district-owned building to itself.
39.3 Sec. 64. Minnesota Statutes 1996, section 124.918,
39.4 subdivision 8, is amended to read:
39.5 Subd. 8. [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1)
39.6 Reductions in levies pursuant to section 124.918, subdivision 1,
39.7 and section 273.138, shall be made prior to the reductions in
39.8 clause (2).
39.9 (2) Notwithstanding any other law to the contrary,
39.10 districts which received payments pursuant to sections 298.018;
39.11 298.23 to 298.28, except an amount distributed under section
39.12 298.28, subdivision 4, paragraph (c), clause (ii); 298.34 to
39.13 298.39; 298.391 to 298.396; 298.405; and any law imposing a tax
39.14 upon severed mineral values, or recognized revenue pursuant to
39.15 section 477A.15; shall not include a portion of these aids in
39.16 their permissible levies pursuant to those sections, but instead
39.17 shall reduce the permissible levies authorized by this chapter
39.18 and chapter 124A by the greater of the following:
39.19 (a) an amount equal to 50 percent of the total dollar
39.20 amount of the payments received pursuant to those sections or
39.21 revenue recognized pursuant to section 477A.15 in the previous
39.22 fiscal year; or
39.23 (b) an amount equal to the total dollar amount of the
39.24 payments received pursuant to those sections or revenue
39.25 recognized pursuant to section 477A.15 in the previous fiscal
39.26 year less the product of the same dollar amount of payments or
39.27 revenue times the ratio of the maximum levy allowed the district
39.28 under Minnesota Statutes 1986, sections 124A.03, subdivision 2,
39.29 124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10,
39.30 subdivision 3a, 124A.12, subdivision 3a, and 124A.14,
39.31 subdivision 5a, to the total levy allowed the district under
39.32 this section and Minnesota Statutes 1986, sections 124A.03,
39.33 124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10,
39.34 subdivision 3a, 124A.12, subdivision 3a, 124A.14, subdivision
39.35 5a, and 124A.20, subdivision 2, for levies certified in 1986.
39.36 (3) No reduction pursuant to this subdivision shall reduce
40.1 the levy made by the district pursuant to section 124A.23, to an
40.2 amount less than the amount raised by a levy of a net tax rate
40.3 of 6.82 percent times the adjusted net tax capacity for taxes
40.4 payable in 1990 and thereafter of that district for the
40.5 preceding year as determined by the commissioner. The amount of
40.6 any increased levy authorized by referendum pursuant to section
40.7 124A.03, subdivision 2, shall not be reduced pursuant to this
40.8 subdivision. The amount of any levy authorized by section
40.9 124.912, subdivision 1, to make payments for bonds issued and
40.10 for interest thereon, shall not be reduced pursuant to this
40.11 subdivision.
40.12 (4) Before computing the reduction pursuant to this
40.13 subdivision of the capital expenditure facilities levy
40.14 authorized by section 124.243, the capital expenditure equipment
40.15 levy authorized by section 124.244, the health and safety levy
40.16 authorized by sections 124.83 and 124.91, subdivision 6, the
40.17 commissioner shall ascertain from each affected school district
40.18 the amount it proposes to levy under each section or
40.19 subdivision. The reduction shall be computed on the basis of
40.20 the amount so ascertained.
40.21 (5) Notwithstanding any law to the contrary, any amounts
40.22 received by districts in any fiscal year pursuant to sections
40.23 298.018; 298.23 to 298.28; 298.34 to 298.39; 298.391 to 298.396;
40.24 298.405; or any law imposing a tax on severed mineral values;
40.25 and not deducted from general education aid pursuant to section
40.26 124A.035, subdivision 5, clause (2), and not applied to reduce
40.27 levies pursuant to this subdivision shall be paid by the
40.28 district to the St. Louis county auditor in the following amount
40.29 by March 15 of each year, the amount required to be subtracted
40.30 from the previous fiscal year's general education aid pursuant
40.31 to section 124A.035, subdivision 5, which is in excess of the
40.32 general education aid earned for that fiscal year. The county
40.33 auditor shall deposit any amounts received pursuant to this
40.34 clause in the St. Louis county treasury for purposes of paying
40.35 the taconite homestead credit as provided in section 273.135.
40.36 Sec. 65. Minnesota Statutes 1996, section 124A.036,
41.1 subdivision 5, is amended to read:
41.2 Subd. 5. [ALTERNATIVE ATTENDANCE PROGRAMS.] The general
41.3 education aid for districts must be adjusted for each pupil
41.4 attending a nonresident district under sections 120.062,
41.5 120.075, 120.0751, 120.0752, 124C.45 to 124C.48, and 126.22.
41.6 The adjustments must be made according to this subdivision.
41.7 (a) General education aid paid to a resident district must
41.8 be reduced by an amount equal to the general education revenue
41.9 exclusive of compensatory revenue attributable to the pupil in
41.10 the resident district.
41.11 (b) General education aid paid to a district serving a
41.12 pupil in programs listed in this subdivision shall be increased
41.13 by an amount equal to the general education revenue exclusive of
41.14 compensatory revenue attributable to the pupil in the
41.15 nonresident district.
41.16 (c) If the amount of the reduction to be made from the
41.17 general education aid of the resident district is greater than
41.18 the amount of general education aid otherwise due the district,
41.19 the excess reduction must be made from other state aids due the
41.20 district.
41.21 (d) The district of residence shall pay tuition to a
41.22 district or an area learning center, operated according to
41.23 paragraph (e), providing special instruction and services to a
41.24 pupil with a disability, as defined in section 120.03, or a
41.25 pupil, as defined in section 120.181, who is enrolled in a
41.26 program listed in this subdivision. The tuition shall be equal
41.27 to (1) the actual cost of providing special instruction and
41.28 services to the pupil, including a proportionate amount for debt
41.29 service and for capital expenditure facilities and equipment,
41.30 and debt service but not including any amount for
41.31 transportation, minus (2) the amount of general education aid,
41.32 the amount of capital expenditure facilities aid and capital
41.33 expenditure equipment aid received under section 124.245,
41.34 subdivision 6, and special education aid, attributable to that
41.35 pupil, that is received by the district providing special
41.36 instruction and services.
42.1 (e) An area learning center operated by a service
42.2 cooperative, intermediate district, education district, or a
42.3 joint powers cooperative may elect through the action of the
42.4 constituent boards to charge tuition for pupils rather than to
42.5 calculate general education aid adjustments under paragraph (a),
42.6 (b), or (c). The tuition must be equal to the greater of the
42.7 average general education revenue per pupil unit attributable to
42.8 the pupil, or the actual cost of providing the instruction,
42.9 excluding transportation costs, if the pupil meets the
42.10 requirements of section 120.03 or 120.181.
42.11 Sec. 66. Minnesota Statutes 1996, section 124A.225,
42.12 subdivision 2, is amended to read:
42.13 Subd. 2. [INSTRUCTOR DEFINED.] Primary instructor means a
42.14 public employee licensed by the board of teaching whose duties
42.15 are full-time instruction, excluding a teacher for whom
42.16 categorical aids are received pursuant to sections 124.3201,
42.17 124.3202, and 124.321. Except as provided in section 125.230,
42.18 subdivision 6, instructor does not include supervisory and
42.19 support personnel, except school social workers as defined in
42.20 section 125.03. An instructor whose duties are less than
42.21 full-time instruction must be included as an equivalent only for
42.22 the number of hours of instruction in grades kindergarten
42.23 through 6.
42.24 Sec. 67. Minnesota Statutes 1996, section 124A.26,
42.25 subdivision 1, is amended to read:
42.26 Subdivision 1. [REVENUE REDUCTION.] A district's general
42.27 education revenue for a school year shall be reduced if the
42.28 estimated net unappropriated operating fund balance as of June
42.29 30 in the prior school year exceeds 25 percent of the formula
42.30 allowance for the current fiscal year times the fund balance
42.31 pupil units in the prior year. For purposes of this subdivision
42.32 and section 124.243, subdivision 2, fund balance pupil units
42.33 means the number of resident pupil units in average daily
42.34 membership, including shared time pupils, according to section
42.35 124A.02, subdivision 20, plus
42.36 (1) pupils attending the district for which general
43.1 education aid adjustments are made according to section
43.2 124A.036, subdivision 5; minus
43.3 (2) the sum of the resident pupils attending other
43.4 districts for which general education aid adjustments are made
43.5 according to section 124A.036, subdivision 5, plus pupils for
43.6 whom payment is made according to section 126.22, subdivision 8,
43.7 or 126.23. The amount of the reduction shall equal the lesser
43.8 of:
43.9 (1) the amount of the excess, or
43.10 (2) $250 times the actual pupil units for the school year.
43.11 The final adjustment payments made under section 124.195,
43.12 subdivision 6, must be adjusted to reflect actual net operating
43.13 fund balances as of June 30 of the prior school year.
43.14 Sec. 68. Minnesota Statutes 1996, section 124C.60,
43.15 subdivision 1, is amended to read:
43.16 Subdivision 1. [ELIGIBILITY.] Two or more districts that
43.17 have consolidated under section 122.23 or combined under
43.18 sections 122.241 to 122.248, are eligible for a capital
43.19 facilities grant of up to $200,000 for fiscal year 1995 and
43.20 $100,000 thereafter under this section. To qualify the
43.21 following criteria must be met:
43.22 (1) the proposed facility changes are part of the plan
43.23 according to section 122.242, subdivision 10, or the plan
43.24 adopted by the reorganized district according to section
43.25 124.243, subdivision 1;
43.26 (2) the changes proposed to a facility must be needed to
43.27 accommodate changes in the educational program due to the
43.28 reorganization;
43.29 (3) the utilization of the facility for educational
43.30 programs is at least 85 percent of capacity; and
43.31 (4) the grant will be used only to remodel or improve
43.32 existing facilities.
43.33 Sec. 69. Minnesota Statutes 1996, section 124C.60,
43.34 subdivision 3, is amended to read:
43.35 Subd. 3. [USE OF GRANT MONEY.] The grant money may be used
43.36 for any capital expenditures specified in section 124.243
44.1 124A.22, subdivision 6 11, clauses (4), (6), (7), (8), (9), and
44.2 (10).
44.3 Sec. 70. Minnesota Statutes 1996, section 126.22,
44.4 subdivision 7, is amended to read:
44.5 Subd. 7. [AID ADJUSTMENTS.] General education aid, capital
44.6 expenditure aid, and transportation aid attributable to a pupil
44.7 covered by programs under this section must be paid according to
44.8 sections 124A.036, subdivision 5, 124.245, subdivision 6, and
44.9 124.225, subdivision 8l, respectively.
44.10 Sec. 71. Minnesota Statutes 1996, section 126.51,
44.11 subdivision 1, is amended to read:
44.12 Subdivision 1. [PARENT COMMITTEE.] School boards and
44.13 American Indian schools shall provide for the maximum
44.14 involvement of parents of children enrolled in education
44.15 programs, including language and culture education programs,
44.16 programs for elementary and secondary grades, special education
44.17 programs, and support services. Accordingly, the school board
44.18 of a school district in which there are ten or more American
44.19 Indian children enrolled and each American Indian school shall
44.20 establish a parent committee. If a committee whose membership
44.21 consists of a majority of parents of American Indian children
44.22 has been or is established according to federal, tribal, or
44.23 other state law, that committee may serve as the committee
44.24 required by this section and shall be subject to, at least, the
44.25 requirements of this subdivision and subdivision 1a.
44.26 The parent committee shall develop its recommendations in
44.27 consultation with the curriculum advisory committee required by
44.28 section 126.666 123.972, subdivision 2 3. This committee shall
44.29 afford parents the necessary information and the opportunity
44.30 effectively to express their views concerning all aspects of
44.31 American Indian education and the educational needs of the
44.32 American Indian children enrolled in the school or program. The
44.33 committee shall also address the need for adult education
44.34 programs for American Indian people in the community. The
44.35 school board or American Indian school shall ensure that
44.36 programs are planned, operated, and evaluated with the
45.1 involvement of and in consultation with parents of children
45.2 served by the programs.
45.3 Sec. 72. Minnesota Statutes 1996, section 126.72,
45.4 subdivision 2, is amended to read:
45.5 Subd. 2. [PURPOSE.] The school board shall determine the
45.6 needs of its classroom teachers and the need for changes in its
45.7 curriculum. In determining these needs, the school board shall
45.8 obtain recommendations from classroom teachers, staff
45.9 responsible for curriculum, and the curriculum advisory
45.10 committee. It shall consider assessment results, other test
45.11 results, the need for mentor teachers, and the district
45.12 improvement plan portion of the report adopted according to
45.13 section 126.666 123.972, subdivision 4 5. Contracts executed
45.14 under this section shall relate directly to the identified needs.
45.15 Sec. 73. [REVISOR'S INSTRUCTION; SECTIONS 136A.172 to
45.16 136A.178.]
45.17 The revisor shall change the citation from section 136A.179
45.18 to section 136A.178 in the following sections of Minnesota
45.19 Statutes: 136A.172; 136A.173; 136A.174; 136A.175; 136A.176;
45.20 136A.177; and 136A.178.
45.21 Sec. 74. Minnesota Statutes 1996, section 136D.94, is
45.22 amended to read:
45.23 136D.94 [REFUNDING BONDS.]
45.24 Sections 136D.281, subdivision 8, 136D.741, subdivision 8,
45.25 and 136D.87 136D.88, subdivision 8, do not apply to bonds issued
45.26 solely for refunding purposes.
45.27 Sec. 75. [REPEALER; SECTION 144A.61, SUBDIVISION 6 NOTE.]
45.28 Laws 1989, chapter 282, article 3, section 28, is repealed.
45.29 Sec. 76. Minnesota Statutes 1996, section 147A.13,
45.30 subdivision 1, is amended to read:
45.31 Subdivision 1. [GROUNDS LISTED.] The board may refuse to
45.32 grant registration or may impose disciplinary action as
45.33 described in this subdivision against any physician assistant.
45.34 The following conduct is prohibited and is grounds for
45.35 disciplinary action:
45.36 (1) failure to demonstrate the qualifications or satisfy
46.1 the requirements for registration contained in this chapter or
46.2 rules of the board. The burden of proof shall be upon the
46.3 applicant to demonstrate such qualifications or satisfaction of
46.4 such requirements;
46.5 (2) obtaining registration by fraud or cheating, or
46.6 attempting to subvert the examination process. Conduct which
46.7 subverts or attempts to subvert the examination process
46.8 includes, but is not limited to:
46.9 (i) conduct which violates the security of the examination
46.10 materials, such as removing examination materials from the
46.11 examination room or having unauthorized possession of any
46.12 portion of a future, current, or previously administered
46.13 licensing examination;
46.14 (ii) conduct which violates the standard of test
46.15 administration, such as communicating with another examinee
46.16 during administration of the examination, copying another
46.17 examinee's answers, permitting another examinee to copy one's
46.18 answers, or possessing unauthorized materials; and
46.19 (iii) impersonating an examinee or permitting an
46.20 impersonator to take the examination on one's own behalf;
46.21 (3) conviction, during the previous five years, of a felony
46.22 reasonably related to the practice of physician assistant.
46.23 Conviction as used in this subdivision includes a conviction of
46.24 an offense which if committed in this state would be deemed a
46.25 felony without regard to its designation elsewhere, or a
46.26 criminal proceeding where a finding or verdict of guilt is made
46.27 or returned but the adjudication of guilt is either withheld or
46.28 not entered;
46.29 (4) revocation, suspension, restriction, limitation, or
46.30 other disciplinary action against the person's physician
46.31 assistant credentials in another state or jurisdiction, failure
46.32 to report to the board that charges regarding the person's
46.33 credentials have been brought in another state or jurisdiction,
46.34 or having been refused registration by any other state or
46.35 jurisdiction;
46.36 (5) advertising which is false or misleading, violates any
47.1 rule of the board, or claims without substantiation the positive
47.2 cure of any disease or professional superiority to or greater
47.3 skill than that possessed by another physician assistant;
47.4 (6) violating a rule adopted by the board or an order of
47.5 the board, a state, or federal law which relates to the practice
47.6 of a physician assistant, or in part regulates the practice of a
47.7 physician assistant, including without limitation sections
47.8 148A.02, 609.344, and 609.345, or a state or federal narcotics
47.9 or controlled substance law;
47.10 (7) engaging in any unethical conduct; conduct likely to
47.11 deceive, defraud, or harm the public, or demonstrating a willful
47.12 or careless disregard for the health, welfare, or safety of a
47.13 patient; or practice which is professionally incompetent, in
47.14 that it may create unnecessary danger to any patient's life,
47.15 health, or safety, in any of which cases, proof of actual injury
47.16 need not be established;
47.17 (8) failure to adhere to the provisions of the
47.18 physician-physician assistant agreement;
47.19 (9) engaging in the practice of medicine beyond that
47.20 allowed by the physician-physician assistant agreement,
47.21 including the delegation form or the addendum to the delegation
47.22 form, or aiding or abetting an unlicensed person in the practice
47.23 of medicine;
47.24 (10) adjudication as mentally incompetent, mentally ill or
47.25 mentally retarded, or as a chemically dependent person, a person
47.26 dangerous to the public, a sexually dangerous person, or a
47.27 person who has a sexual psychopathic personality by a court of
47.28 competent jurisdiction, within or without this state. Such
47.29 adjudication shall automatically suspend a registration for its
47.30 duration unless the board orders otherwise;
47.31 (11) engaging in unprofessional conduct. Unprofessional
47.32 conduct includes any departure from or the failure to conform to
47.33 the minimal standards of acceptable and prevailing practice in
47.34 which proceeding actual injury to a patient need not be
47.35 established;
47.36 (12) inability to practice with reasonable skill and safety
48.1 to patients by reason of illness, drunkenness, use of drugs,
48.2 narcotics, chemicals, or any other type of material, or as a
48.3 result of any mental or physical condition, including
48.4 deterioration through the aging process or loss of motor skills;
48.5 (13) revealing a privileged communication from or relating
48.6 to a patient except when otherwise required or permitted by law;
48.7 (14) any use of the title "Physician," "Doctor," or "Dr.";
48.8 (15) improper management of medical records, including
48.9 failure to maintain adequate medical records, to comply with a
48.10 patient's request made pursuant to section 144.335, or to
48.11 furnish a medical record or report required by law;
48.12 (16) engaging in abusive or fraudulent billing practices,
48.13 including violations of the federal Medicare and Medicaid laws
48.14 or state medical assistance laws;
48.15 (17) becoming addicted or habituated to a drug or
48.16 intoxicant;
48.17 (18) prescribing a drug or device for other than medically
48.18 accepted therapeutic, experimental, or investigative purposes
48.19 authorized by a state or federal agency or referring a patient
48.20 to any health care provider as defined in section 144.335 for
48.21 services or tests not medically indicated at the time of
48.22 referral;
48.23 (19) engaging in conduct with a patient which is sexual or
48.24 may reasonably be interpreted by the patient as sexual, or in
48.25 any verbal behavior which is seductive or sexually demeaning to
48.26 a patient;
48.27 (20) failure to make reports as required by section 609.215
48.28 147A.14 or to cooperate with an investigation of the board as
48.29 required by section 609.215 147A.15, subdivision 3;
48.30 (21) knowingly providing false or misleading information
48.31 that is directly related to the care of that patient unless done
48.32 for an accepted therapeutic purpose such as the administration
48.33 of a placebo;
48.34 (22) aiding suicide or aiding attempted suicide in
48.35 violation of section 609.215 as established by any of the
48.36 following:
49.1 (i) a copy of the record of criminal conviction or plea of
49.2 guilty for a felony in violation of section 609.215, subdivision
49.3 1 or 2;
49.4 (ii) a copy of the record of a judgment of contempt of
49.5 court for violating an injunction issued under section 609.215,
49.6 subdivision 4;
49.7 (iii) a copy of the record of a judgment assessing damages
49.8 under section 609.215, subdivision 5; or
49.9 (iv) a finding by the board that the person violated
49.10 section 609.215, subdivision 1 or 2. The board shall
49.11 investigate any complaint of a violation of section 609.215,
49.12 subdivision 1 or 2; or
49.13 (23) failure to maintain annually reviewed and updated
49.14 physician-physician assistant agreements, internal protocols, or
49.15 prescribing delegation forms for each physician-physician
49.16 assistant practice relationship, or failure to provide copies of
49.17 such documents upon request by the board.
49.18 Sec. 77. Minnesota Statutes 1996, section 148.235,
49.19 subdivision 4, is amended to read:
49.20 Subd. 4. [CLINICAL NURSE SPECIALISTS IN PSYCHIATRIC AND
49.21 MENTAL HEALTH NURSING.] A registered nurse who (1) has a masters
49.22 degree, (2) is certified through a national professional nursing
49.23 organization which certifies clinical specialists in psychiatric
49.24 and mental health nursing and is included in the list of
49.25 professional nursing organizations adopted by the board under
49.26 section 62A.15, subdivision 3a, (3) has successfully completed
49.27 no less than 30 hours of formal study in the prescribing of
49.28 psychotropic medications and medications to treat their side
49.29 effects which included instruction in health assessment,
49.30 psychotropic classifications, psychopharmacology, indications,
49.31 dosages, contraindications, side effects, and evidence of
49.32 application, and (4) has a verbal agreement or a written
49.33 agreement with a psychiatrist based on standards established by
49.34 the Minnesota Nurses Association and the Minnesota Psychiatric
49.35 Association that specifies and defines the delegated
49.36 responsibilities related to the prescription of drugs in
50.1 relationship to the diagnosis, may prescribe and administer
50.2 drugs used to treat psychiatric and behavioral disorders and the
50.3 side effects of those drugs within the scope of the written
50.4 agreement and within practice as a clinical specialist in
50.5 psychiatric and mental health nursing. The written agreement
50.6 required under this subdivision shall be based on standards
50.7 established by the Minnesota Nurses Association and the
50.8 Minnesota medical Psychiatric Association as of January 1, 1996,
50.9 unless both associations agree to revisions. The written
50.10 agreement shall be maintained at the certified clinical nurse
50.11 specialist's place of employment and does not need to be filed
50.12 with the board of nursing.
50.13 Nothing in this subdivision removes or limits the legal
50.14 professional liability of the treating psychiatrist, clinical
50.15 nurse specialist, mental health clinic or hospital for the
50.16 prescription and administration of drugs by a clinical
50.17 specialist in accordance with this subdivision.
50.18 Sec. 78. Minnesota Statutes 1996, section 168.129,
50.19 subdivision 1, is amended to read:
50.20 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The
50.21 commissioner of public safety shall issue special collegiate
50.22 license plates to an applicant who:
50.23 (1) is an owner or joint owner of a passenger automobile,
50.24 pickup truck, or van;
50.25 (2) pays a fee determined by the commissioner to cover the
50.26 costs of handling and manufacturing the plates;
50.27 (3) pays the registration tax required under section 168.12
50.28 168.013;
50.29 (4) pays the fees required under this chapter;
50.30 (5) contributes at least $25 annually to the scholarship
50.31 account established in subdivision 6; and
50.32 (6) complies with laws and rules governing registration and
50.33 licensing of vehicles and drivers.
50.34 Sec. 79. Minnesota Statutes 1996, section 169.145, is
50.35 amended to read:
50.36 169.145 [IMPLEMENTS OF HUSBANDRY; SPEED; BRAKES.]
51.1 No person may:
51.2 (1) drive or tow an implement of husbandry that exceeds
51.3 6,000 pounds registered gross weight or gross vehicle weight and
51.4 is not equipped with brakes; or
51.5 (2) tow a vehicle registered as a farm trailer that exceeds
51.6 6,000 pounds registered gross weight or gross vehicle weight and
51.7 is not equipped with brakes and exceeding 6,000 pounds, at a
51.8 speed in excess of 25 miles per hour.
51.9 Sec. 80. Minnesota Statutes 1996, section 176.081,
51.10 subdivision 1, is amended to read:
51.11 Subdivision 1. [LIMITATION OF FEES.] (a) A fee for legal
51.12 services of 25 percent of the first $4,000 of compensation
51.13 awarded to the employee and 20 percent of the next $60,000 of
51.14 compensation awarded to the employee is the maximum permissible
51.15 fee and does not require approval by the commissioner,
51.16 compensation judge, or any other party. All fees, including
51.17 fees for obtaining medical or rehabilitation benefits, must be
51.18 calculated according to the formula under this subdivision,
51.19 except as otherwise provided in clause (1) or (2).
51.20 (1) The contingent attorney fee for recovery of monetary
51.21 benefits according to the formula in this section is presumed to
51.22 be adequate to cover recovery of medical and rehabilitation
51.23 benefit or services concurrently in dispute. Attorney fees for
51.24 recovery of medical or rehabilitation benefits or services shall
51.25 be assessed against the employer or insurer only if the attorney
51.26 establishes that the contingent fee is inadequate to reasonably
51.27 compensate the attorney for representing the employee in the
51.28 medical or rehabilitation dispute. In cases where the
51.29 contingent fee is inadequate the employer or insurer is liable
51.30 for attorney fees based on the formula in this subdivision or in
51.31 clause (2).
51.32 For the purposes of applying the formula where the employer
51.33 or insurer is liable for attorney fees, the amount of
51.34 compensation awarded for obtaining disputed medical and
51.35 rehabilitation benefits under sections 176.102, 176.135, and
51.36 176.136 shall be the dollar value of the medical or
52.1 rehabilitation benefit awarded, where ascertainable.
52.2 (2) The maximum attorney fee for obtaining a change of
52.3 doctor or qualified rehabilitation consultant, or any other
52.4 disputed medical or rehabilitation benefit for which a dollar
52.5 value is not reasonably ascertainable, is the amount charged in
52.6 hourly fees for the representation or $500, whichever is less,
52.7 to be paid by the employer or insurer.
52.8 (3) The fees for obtaining disputed medical or
52.9 rehabilitation benefits are included in the $13,000 limit in
52.10 paragraph (b). An attorney must concurrently file all
52.11 outstanding disputed issues. An attorney is not entitled to
52.12 attorney fees for representation in any issue which could
52.13 reasonably have been addressed during the pendency of other
52.14 issues for the same injury.
52.15 (b) All fees for legal services related to the same injury
52.16 are cumulative and may not exceed $13,000. If multiple injuries
52.17 are the subject of a dispute, the commissioner, compensation
52.18 judge, or court of appeals shall specify the attorney fee
52.19 attributable to each injury.
52.20 (c) If the employer or the insurer or the defendant is
52.21 given written notice of claims for legal services or
52.22 disbursements, the claim shall be a lien against the amount paid
52.23 or payable as compensation. Subject to the foregoing maximum
52.24 amount for attorney fees, up to 25 percent of the first $4,000
52.25 of periodic compensation awarded to the employee and 20 percent
52.26 of the next $60,000 of periodic compensation awarded to the
52.27 employee may be withheld from the periodic payments for attorney
52.28 fees or disbursements if the payor of the funds clearly
52.29 indicates on the check or draft issued to the employee for
52.30 payment the purpose of the withholding, the name of the
52.31 attorney, the amount withheld, and the gross amount of the
52.32 compensation payment before withholding. In no case shall fees
52.33 be calculated on the basis of any undisputed portion of
52.34 compensation awards. Allowable fees under this chapter shall be
52.35 based solely upon genuinely disputed claims or portions of
52.36 claims, including disputes related to the payment of
53.1 rehabilitation benefits or to other aspects of a rehabilitation
53.2 plan. The existence of a dispute is dependent upon a
53.3 disagreement after the employer or insurer has had adequate time
53.4 and information to take a position on liability. Neither the
53.5 holding of a hearing nor the filing of an application for a
53.6 hearing alone may determine the existence of a dispute. Except
53.7 where the employee is represented by an attorney in other
53.8 litigation pending at the department or at the office of
53.9 administrative hearings, a fee may not be charged after June 1,
53.10 1996, for services with respect to a medical or rehabilitation
53.11 issue arising under section 176.102, 176.135, or 176.136
53.12 performed before the employee has consulted with the department
53.13 and the department certifies that there is a dispute and that it
53.14 has tried to resolve the dispute.
53.15 (d) An attorney who is claiming legal fees for representing
53.16 an employee in a workers' compensation matter shall file a
53.17 statement of attorney fees with the commissioner, compensation
53.18 judge before whom the matter was heard, or workers' compensation
53.19 court of appeals on cases before the court. A copy of the
53.20 signed retainer agreement shall also be filed. The employee and
53.21 insurer shall receive a copy of the statement. The statement
53.22 shall be on a form prescribed by the commissioner and shall
53.23 report the number of hours spent on the case.
53.24 (e) Employers and insurers may not pay attorney fees or
53.25 wages for legal services of more than $13,000 per case unless
53.26 the additional fees or wages are approved under subdivision 2.
53.27 (f) Each insurer and self-insured employer shall file
53.28 annual statements with the commissioner detailing the total
53.29 amount of legal fees and other legal costs incurred by the
53.30 insurer or employer during the year. The statement shall
53.31 include the amount paid for outside and in-house counsel,
53.32 deposition and other witness fees, and all other costs relating
53.33 to litigation.
53.34 Sec. 81. Minnesota Statutes 1996, section 179A.03,
53.35 subdivision 7, is amended to read:
53.36 Subd. 7. [ESSENTIAL EMPLOYEE.] "Essential employee" means
54.1 firefighters, peace officers subject to licensure under sections
54.2 626.84 to 626.855 626.863, guards at correctional facilities,
54.3 confidential employees, supervisory employees, assistant county
54.4 attorneys, principals, and assistant principals. However, for
54.5 state employees, "essential employee" means all employees in law
54.6 enforcement, health care professionals, correctional guards,
54.7 professional engineering, and supervisory collective bargaining
54.8 units, irrespective of severance, and no other employees. For
54.9 University of Minnesota employees, "essential employee" means
54.10 all employees in law enforcement, nursing professional and
54.11 supervisory units, irrespective of severance, and no other
54.12 employees. "Firefighters" means salaried employees of a fire
54.13 department whose duties include, directly or indirectly,
54.14 controlling, extinguishing, preventing, detecting, or
54.15 investigating fires.
54.16 Sec. 82. Minnesota Statutes 1996, section 179A.03,
54.17 subdivision 14, is amended to read:
54.18 Subd. 14. [PUBLIC EMPLOYEE.] "Public employee" or
54.19 "employee" means any person appointed or employed by a public
54.20 employer except:
54.21 (a) elected public officials;
54.22 (b) election officers;
54.23 (c) commissioned or enlisted personnel of the Minnesota
54.24 national guard;
54.25 (d) emergency employees who are employed for emergency work
54.26 caused by natural disaster;
54.27 (e) part-time employees whose service does not exceed the
54.28 lesser of 14 hours per week or 35 percent of the normal work
54.29 week in the employee's appropriate unit;
54.30 (f) employees whose positions are basically temporary or
54.31 seasonal in character and: (1) are not for more than 67 working
54.32 days in any calendar year; or (2) are not for more than 100
54.33 working days in any calendar year and the employees are under
54.34 the age of 22, are full-time students enrolled in a nonprofit or
54.35 public educational institution prior to being hired by the
54.36 employer, and have indicated, either in an application for
55.1 employment or by being enrolled at an educational institution
55.2 for the next academic year or term, an intention to continue as
55.3 students during or after their temporary employment;
55.4 (g) employees providing services for not more than two
55.5 consecutive quarters to the state university board or the
55.6 community college board under the terms of a professional or
55.7 technical services contract as defined in section 16B.17,
55.8 subdivision 1;
55.9 (h) employees of charitable hospitals as defined by section
55.10 179.35, subdivision 3;
55.11 (i) full-time undergraduate students employed by the school
55.12 which they attend under a work-study program or in connection
55.13 with the receipt of financial aid, irrespective of number of
55.14 hours of service per week;
55.15 (j) an individual who is employed for less than 300 hours
55.16 in a fiscal year as an instructor in an adult vocational
55.17 education program;
55.18 (k) an individual hired by a school district, the community
55.19 college board, or the state university board, to teach one
55.20 course for up to four credits for one quarter in a year.
55.21 The following individuals are public employees regardless
55.22 of the exclusions of clauses (e) and (f):
55.23 (1) An employee hired by a school district, the community
55.24 college board, or the state university board, except at the
55.25 university established in section 136F.017 136F.13 or for
55.26 community services or community education instruction offered on
55.27 a noncredit basis: (i) to replace an absent teacher or faculty
55.28 member who is a public employee, where the replacement employee
55.29 is employed more than 30 working days as a replacement for that
55.30 teacher or faculty member; or (ii) to take a teaching position
55.31 created due to increased enrollment, curriculum expansion,
55.32 courses which are a part of the curriculum whether offered
55.33 annually or not, or other appropriate reasons; and
55.34 (2) An employee hired for a position under clause (f)(1) if
55.35 that same position has already been filled under clause (f)(1)
55.36 in the same calendar year and the cumulative number of days
56.1 worked in that same position by all employees exceeds 67
56.2 calendar days in that year. For the purpose of this paragraph,
56.3 "same position" includes a substantially equivalent position if
56.4 it is not the same position solely due to a change in the
56.5 classification or title of the position.
56.6 Sec. 83. Minnesota Statutes 1996, section 179A.06,
56.7 subdivision 2, is amended to read:
56.8 Subd. 2. [RIGHT TO ORGANIZE.] Public employees have the
56.9 right to form and join labor or employee organizations, and have
56.10 the right not to form and join such organizations. Public
56.11 employees in an appropriate unit have the right by secret ballot
56.12 to designate an exclusive representative to negotiate grievance
56.13 procedures and the terms and conditions of employment with their
56.14 employer. Confidential employees of the state and the
56.15 University of Minnesota are excluded from bargaining. Other
56.16 confidential employees, supervisory employees, principals, and
56.17 assistant principals may form their own organizations. An
56.18 employer shall extend exclusive recognition to a representative
56.19 of or an organization of supervisory or confidential employees,
56.20 or principals and assistant principals, for the purpose of
56.21 negotiating terms or conditions of employment, in accordance
56.22 with sections 179A.01 to 179A.25, applicable to essential
56.23 employees.
56.24 Supervisory or confidential employee organizations shall
56.25 not participate in any capacity in any negotiations which
56.26 involve units of employees other than supervisory or
56.27 confidential employees. Except for organizations which
56.28 represent supervisors who are: (1) firefighters, peace officers
56.29 subject to licensure under sections 626.84 to 626.855 626.863,
56.30 guards at correctional facilities, or employees at hospitals
56.31 other than state hospitals; and (2) not state or University of
56.32 Minnesota employees, a supervisory or confidential employee
56.33 organization which is affiliated with another employee
56.34 organization which is the exclusive representative of
56.35 nonsupervisory or nonconfidential employees of the same public
56.36 employer shall not be certified, or act as, an exclusive
57.1 representative for the supervisory or confidential employees.
57.2 For the purpose of this subdivision, affiliation means either
57.3 direct or indirect and includes affiliation through a federation
57.4 or joint body of employee organizations.
57.5 Sec. 84. Minnesota Statutes 1996, section 179A.09,
57.6 subdivision 3, is amended to read:
57.7 Subd. 3. [DIVISION OF UNITS.] If a designated appropriate
57.8 unit contains both peace officers subject to licensure under
57.9 sections 626.84 to 626.855 626.863 and essential employees who
57.10 are not peace officers, the commissioner, at the request of a
57.11 majority of either the peace officers or the other essential
57.12 employees within the unit, shall divide the unit into two
57.13 separate appropriate units, one for the peace officers and one
57.14 for the other essential employees.
57.15 Sec. 85. Minnesota Statutes 1996, section 181.14, is
57.16 amended to read:
57.17 181.14 [NOTICE TO BE GIVEN; SETTLEMENT OF DISPUTES.]
57.18 When any such employee, not having a contract for a
57.19 definite period of service, quits or resigns employment, the
57.20 wages or commissions earned and unpaid at the time the employee
57.21 quits or resigns shall become due and payable within five days
57.22 thereafter. Any employer failing or refusing to pay such wages
57.23 or commissions, after they become due, upon the demand of the
57.24 employee, shall be liable to the employee from the date of the
57.25 demand for an additional sum equal to the amount of the
57.26 employee's average daily earnings provided in the contract of
57.27 employment, for every day, not exceeding 15 days in all, until
57.28 such payment or other settlement satisfactory to the employee is
57.29 made. If any employee having such a contract gives not less
57.30 than five days' written notice to the employer of intention to
57.31 quit, the wages or commissions of the employee giving notice may
57.32 be demanded and shall become due 24 hours after the employee
57.33 quits or resigns, and the penalty herein provided shall apply
57.34 from the date of demand. If the employer disputes the amount of
57.35 wages or commissions claimed by the employee under the
57.36 provisions of this section or section 181.13, and the employer
58.1 makes a legal tender of the amount which the employer in good
58.2 faith claims to be due, the employer shall not be liable for any
58.3 sum greater than the amount so tendered and interest thereon at
58.4 the legal rate, unless, in an action brought in a court having
58.5 jurisdiction, the employee recovers a greater sum than the
58.6 amount so tendered with interest thereon; and if, in the suit,
58.7 the employee fails to recover a greater sum than that so
58.8 tendered, with interest, the employee shall pay the cost of the
58.9 suit, otherwise the cost shall be paid by the employer. In
58.10 cases where the discharged or quitting employee was, during
58.11 employment, entrusted with the collection, disbursement, or
58.12 handling of money or property, the employer shall have ten
58.13 secular days after the termination of the employment to audit
58.14 and adjust the accounts of the employee before the employee's
58.15 wages or commissions shall become due and payable, and the
58.16 penalty herein provided shall apply in such case only from the
58.17 date of demand made after the expiration of the period allowed
58.18 for audit and adjustment. If, upon such audit and adjustment of
58.19 the accounts of the employee, it is found that any money or
58.20 property entrusted to the employee by the employer has not been
58.21 properly accounted for or paid over to the employer, as provided
58.22 by the terms of the contract of employment, the employee shall
58.23 not be entitled to the benefit of sections 181.13 to 181.17
58.24 181.171, but the claim for unpaid wages or commissions of such
58.25 employee, if any, shall be disposed of as provided by existing
58.26 law. Wages and commissions paid under this section shall be
58.27 paid at the usual place of payment unless the employee requests
58.28 that the wages and commissions be sent to the employee through
58.29 the mails. If, in accordance with a request by the employee,
58.30 the employee's wages and commissions are sent to the employee
58.31 through the mail, the wages and commissions shall be deemed to
58.32 have been paid as of the date of their postmark for the purposes
58.33 of this section.
58.34 Sec. 86. Minnesota Statutes 1996, section 181.15, is
58.35 amended to read:
58.36 181.15 [WHEN EMPLOYEE NOT ENTITLED TO BENEFITS.]
59.1 No such servant or employee who hides or stays away to
59.2 avoid receiving payment, or refuses to receive the same when
59.3 fully tendered, shall be entitled to any benefit under sections
59.4 181.13 to 181.17 181.171 for such time as so avoiding payment;
59.5 provided, when any number of employees enter upon a strike the
59.6 wages due such striking employees at the time of entering upon
59.7 such strike shall not become due until the next regular pay day
59.8 after the commencement of such strike.
59.9 Sec. 87. Minnesota Statutes 1996, section 181.16, is
59.10 amended to read:
59.11 181.16 [CONSTRUCTION OF SECTIONS 181.13 TO 181.17 181.171.]
59.12 Sections 181.13 to 181.17 181.171 shall not be construed to
59.13 apply to any employer or an individual, copartnership, or
59.14 corporation that is bankrupt, or where a receiver or trustee is
59.15 acting under the direction of the court. Payment or tender by
59.16 check drawn on a bank situated in the county where a laborer is
59.17 employed shall be a sufficient payment or tender to comply with
59.18 the provisions of sections 181.13 to 181.17 181.171.
59.19 Sec. 88. Minnesota Statutes 1996, section 183.57,
59.20 subdivision 2, is amended to read:
59.21 Subd. 2. Every boiler or pressure vessel as to which any
59.22 insurance company authorized to do business in this state has
59.23 issued a policy of insurance, after the inspection thereof, is
59.24 exempt from inspection made under sections 183.375 to 183.62,
59.25 while the same continues to be insured and the person, firm, or
59.26 corporation owning or operating the same has an unexpired
59.27 certificate of exemption from inspection, issued by the chief
59.28 boiler inspector. The fee set by the commissioner pursuant to
59.29 section 16A.128 16A.1285, on the first object inspected and on
59.30 each object thereafter shall apply to each exempt object. A
59.31 certificate of exemption expires one year from date of issue.
59.32 The certificate of exemption shall be posted in a conspicuous
59.33 place near the boiler or pressure vessel or in the plant office
59.34 or boiler room described therein and to which it relates. Every
59.35 insurance company shall give written notice to the chief boiler
59.36 inspector of the cancellation or expiration of every policy of
60.1 insurance issued by it with reference to policies in this state,
60.2 and the cause or reason for the cancellation or expiration.
60.3 These notices of cancellation or expiration shall show the date
60.4 of the policy and the date when the cancellation has or will
60.5 become effective.
60.6 Sec. 89. Minnesota Statutes 1996, section 197.447, is
60.7 amended to read:
60.8 197.447 [VETERAN, DEFINED.]
60.9 The word "veteran" as used in Minnesota Statutes, except in
60.10 sections 136F.28, 196.21, 197.971, and 243.251, means a citizen
60.11 of the United States or a resident alien who has been separated
60.12 under honorable conditions from any branch of the armed forces
60.13 of the United States after having served on active duty for 181
60.14 consecutive days or by reason of disability incurred while
60.15 serving on active duty, or who has met the minimum active duty
60.16 requirement as defined by Code of Federal Regulations, title 38,
60.17 section 3.12a, or who has active military service certified
60.18 under section 401, Public Law Number 95-202. The active
60.19 military service must be certified by the United States
60.20 Secretary of Defense as active military service and a discharge
60.21 under honorable conditions must be issued by the Secretary.
60.22 Sec. 90. Minnesota Statutes 1996, section 214.01,
60.23 subdivision 2, is amended to read:
60.24 Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related
60.25 licensing board" means the board of examiners of nursing home
60.26 administrators established pursuant to section 144A.19, the
60.27 board of medical practice created pursuant to section 147.01,
60.28 the board of nursing created pursuant to section 148.181, the
60.29 board of chiropractic examiners established pursuant to section
60.30 148.02, the board of optometry established pursuant to section
60.31 148.52, the board of psychology established pursuant to section
60.32 148.90, the board of social work licensing board pursuant to
60.33 section 148B.19, the board of marriage and family therapy
60.34 pursuant to section 148B.30, the office of mental health
60.35 practice established pursuant to section 148B.61, the chemical
60.36 dependency counseling alcohol and drug counselors licensing
61.1 advisory council established pursuant to section 148C.02, the
61.2 board of dietetics and nutrition practice established under
61.3 section 148.622, the board of dentistry established pursuant to
61.4 section 150A.02, the board of pharmacy established pursuant to
61.5 section 151.02, the board of podiatric medicine established
61.6 pursuant to section 153.02, and the board of veterinary
61.7 medicine, established pursuant to section 156.01.
61.8 Sec. 91. [REPEALER; SECTION 216C.06, SUBDIVISIONS 10 AND
61.9 11.]
61.10 Minnesota Statutes 1996, section 216C.06, subdivisions 10
61.11 and 11, are repealed.
61.12 Sec. 92. Minnesota Statutes 1996, section 216C.35, is
61.13 amended to read:
61.14 216C.35 [PRIORITIES FOR FUNDING.]
61.15 All applications for funding shall be made to the
61.16 commissioner. Applications shall be accompanied by a report on
61.17 the energy using characteristics of the building and any other
61.18 information the commissioner may reasonably require. A school
61.19 or local government may apply to the commissioner to receive
61.20 reimbursement for up to the reasonable costs of mini-audits or
61.21 maxi-audits performed pursuant to section 216C.23 or 216C.24. In
61.22 the event that the applicant receives federal money pursuant to
61.23 the National Energy Conservation Policy Act, Public Law Number
61.24 95-619 that is intended to be used to pay part or all of the
61.25 costs of a mini-audit or maxi-audit, the applicant shall receive
61.26 state money, which, when combined with federal money received,
61.27 equals the reasonable costs of the mini-audit or maxi-audit.
61.28 Sec. 93. Minnesota Statutes 1996, section 244.17,
61.29 subdivision 2, is amended to read:
61.30 Subd. 2. [ELIGIBILITY.] The commissioner must limit the
61.31 challenge incarceration program to the following persons:
61.32 (1) offenders who are committed to the commissioner's
61.33 custody following revocation of a stayed sentence; and
61.34 (2) offenders who are committed to the commissioner's
61.35 custody, who have 36 months or less in or remaining in their
61.36 term of imprisonment, and who did not receive a dispositional
62.1 departure under the sentencing guidelines.
62.2 An eligible inmate is not entitled to participate in the program.
62.3 Sec. 94. Minnesota Statutes 1996, section 245.462,
62.4 subdivision 16, is amended to read:
62.5 Subd. 16. [MENTAL HEALTH FUNDS.] "Mental health funds" are
62.6 funds expended under sections 245.73 and 256E.12, federal mental
62.7 health block grant funds, and funds expended under
62.8 sections section 256D.06 and 256D.37 to facilities licensed
62.9 under Minnesota Rules, parts 9520.0500 to 9520.0690.
62.10 Sec. 95. Minnesota Statutes 1996, section 245.4881,
62.11 subdivision 2, is amended to read:
62.12 Subd. 2. [NOTIFICATION AND DETERMINATION OF CASE
62.13 MANAGEMENT ELIGIBILITY.] (a) The county board shall notify, as
62.14 appropriate, the child, child's parent, or child's legal
62.15 representative of the child's potential eligibility for case
62.16 management services within five working days after receiving a
62.17 request from an individual or a referral from a provider under
62.18 section 245.4876, subdivision 4.
62.19 (b) The county board shall send a notification written in
62.20 plain language of potential eligibility for case management and
62.21 family community support services. The notification shall
62.22 identify the designated case management providers and shall
62.23 contain:
62.24 (1) a brief description of case management and family
62.25 community support services;
62.26 (2) the potential benefits of these services;
62.27 (3) the identity and current phone number of the county
62.28 employee designated to coordinate case management activities;
62.29 (4) an explanation of how to obtain county assistance in
62.30 obtaining a diagnostic assessment, if needed; and
62.31 (5) an explanation of the appeal process.
62.32 The county board shall send the notice, as appropriate, to
62.33 the child, the child's parent, or the child's legal
62.34 representative, if any.
62.35 (c) The county board must promptly determine whether a
62.36 child who requests or is referred for case management services
63.1 meets the criteria of section 245.471 or 245.4871, subdivision
63.2 6. If a diagnostic assessment is needed to make the
63.3 determination, the county board must offer to assist the child
63.4 and the child's family in obtaining one. The county board shall
63.5 notify, in writing, the child and the child's representative, if
63.6 any, of the eligibility determination. If the child is
63.7 determined to be eligible for case management services, and if
63.8 the child and the child's family consent to the services, the
63.9 county board shall refer the child to the case management
63.10 provider for case management services. If the child is
63.11 determined not to be eligible or refuses case management
63.12 services, the county board shall notify the child of the appeal
63.13 process and shall offer to refer the child to a mental health
63.14 provider or other appropriate service provider and to assist the
63.15 child in making an appointment with the provider of the child's
63.16 choice.
63.17 Sec. 96. Minnesota Statutes 1996, section 252.40, is
63.18 amended to read:
63.19 252.40 [SERVICE PRINCIPLES AND RATE-SETTING PROCEDURES FOR
63.20 DAY TRAINING AND HABILITATION SERVICES FOR ADULTS WITH MENTAL
63.21 RETARDATION AND RELATED CONDITIONS.]
63.22 Sections 252.40 to 252.47 252.46 apply to day training and
63.23 habilitation services for adults with mental retardation and
63.24 related conditions when the services are authorized to be funded
63.25 by a county and provided under a contract between a county board
63.26 and a vendor as defined in section 252.41. Nothing in sections
63.27 252.40 to 252.47 252.46 absolves intermediate care facilities
63.28 for persons with mental retardation or related conditions of the
63.29 responsibility for providing active treatment and habilitation
63.30 under federal regulations with which those facilities must
63.31 comply to be certified by the Minnesota department of health.
63.32 Sec. 97. Minnesota Statutes 1996, section 252.41,
63.33 subdivision 1, is amended to read:
63.34 Subdivision 1. [SCOPE.] The definitions in this section
63.35 apply to sections 252.40 to 252.47 252.46.
63.36 Sec. 98. Minnesota Statutes 1996, section 252.43, is
64.1 amended to read:
64.2 252.43 [COMMISSIONER'S DUTIES.]
64.3 The commissioner shall supervise county boards' provision
64.4 of day training and habilitation services to adults with mental
64.5 retardation and related conditions. The commissioner shall:
64.6 (1) determine the need for day training and habilitation
64.7 services under section 252.28;
64.8 (2) approve payment rates established by a county under
64.9 section 252.46, subdivision 1;
64.10 (3) adopt rules for the administration and provision of day
64.11 training and habilitation services under sections 252.40 to
64.12 252.47 252.46 and sections 245A.01 to 245A.16 and 252.28,
64.13 subdivision 2;
64.14 (4) enter into interagency agreements necessary to ensure
64.15 effective coordination and provision of day training and
64.16 habilitation services;
64.17 (5) monitor and evaluate the costs and effectiveness of day
64.18 training and habilitation services; and
64.19 (6) provide information and technical help to county boards
64.20 and vendors in their administration and provision of day
64.21 training and habilitation services.
64.22 Sec. 99. Minnesota Statutes 1996, section 252.46,
64.23 subdivision 1, is amended to read:
64.24 Subdivision 1. [RATES.] (a) Payment rates to vendors,
64.25 except regional centers, for county-funded day training and
64.26 habilitation services and transportation provided to persons
64.27 receiving day training and habilitation services established by
64.28 a county board are governed by subdivisions 2 to 19. The
64.29 commissioner shall approve the following three payment rates for
64.30 services provided by a vendor:
64.31 (1) a full-day service rate for persons who receive at
64.32 least six service hours a day, including the time it takes to
64.33 transport the person to and from the service site;
64.34 (2) a partial-day service rate that must not exceed 75
64.35 percent of the full-day service rate for persons who receive
64.36 less than a full day of service; and
65.1 (3) a transportation rate for providing, or arranging and
65.2 paying for, transportation of a person to and from the person's
65.3 residence to the service site.
65.4 (b) The commissioner may also approve an hourly job-coach,
65.5 follow-along rate for services provided by one employee at or en
65.6 route to or from community locations to supervise, support, and
65.7 assist one person receiving the vendor's services to learn
65.8 job-related skills necessary to obtain or retain employment when
65.9 and where no other persons receiving services are present and
65.10 when all the following criteria are met:
65.11 (1) the vendor requests and the county recommends the
65.12 optional rate;
65.13 (2) the service is prior authorized by the county on the
65.14 Medicaid Management Information System for no more than 414
65.15 hours in a 12-month period and the daily per person charge to
65.16 medical assistance does not exceed the vendor's approved full
65.17 day plus transportation rates;
65.18 (3) separate full day, partial day, and transportation
65.19 rates are not billed for the same person on the same day;
65.20 (4) the approved hourly rate does not exceed the sum of the
65.21 vendor's current average hourly direct service wage, including
65.22 fringe benefits and taxes, plus a component equal to the
65.23 vendor's average hourly nondirect service wage expenses; and
65.24 (5) the actual revenue received for provision of hourly
65.25 job-coach, follow-along services is subtracted from the vendor's
65.26 total expenses for the same time period and those adjusted
65.27 expenses are used for determining recommended full day and
65.28 transportation payment rates under subdivision 5 in accordance
65.29 with the limitations in subdivision 3.
65.30 (c) Medical assistance rates for home and community-based
65.31 service provided under section 256B.501, subdivision 4, by
65.32 licensed vendors of day training and habilitation services must
65.33 not be greater than the rates for the same services established
65.34 by counties under sections 252.40 to 252.47 252.46. For very
65.35 dependent persons with special needs the commissioner may
65.36 approve an exception to the approved payment rate under section
66.1 256B.501, subdivision 4 or 8.
66.2 Sec. 100. Minnesota Statutes 1996, section 252.50,
66.3 subdivision 6, is amended to read:
66.4 Subd. 6. [RATES FOR STATE-OPERATED, COMMUNITY-BASED
66.5 PROGRAMS FOR PERSONS WITH MENTAL RETARDATION.] State-operated,
66.6 community-based programs that meet the definition of a facility
66.7 in Minnesota Rules, part 9553.0020, subpart 19, must be
66.8 reimbursed consistent with Minnesota Rules, parts 9553.0010 to
66.9 9553.0080. State-operated, community-based programs that meet
66.10 the definition of vendor in section 252.41, subdivision 9, must
66.11 be reimbursed consistent with the rate setting procedures in
66.12 sections 252.41 to 252.47 252.46 and Minnesota Rules, parts
66.13 9525.1200 to 9525.1330. This subdivision does not operate to
66.14 abridge the statutorily created pension rights of state
66.15 employees or collective bargaining agreements reached pursuant
66.16 to chapter 179A.
66.17 Sec. 101. Minnesota Statutes 1996, section 256B.04,
66.18 subdivision 2, is amended to read:
66.19 Subd. 2. Make uniform rules, not inconsistent with law,
66.20 for carrying out and enforcing the provisions hereof in an
66.21 efficient, economical, and impartial manner, and to the end that
66.22 the medical assistance system may be administered uniformly
66.23 throughout the state, having regard for varying costs of medical
66.24 care in different parts of the state and the conditions in each
66.25 case, and in all things to carry out the spirit and purpose of
66.26 this program, which rules shall be made with the approval of the
66.27 attorney general on form and legality, shall be furnished
66.28 immediately to all county agencies, and shall be binding on such
66.29 county agencies.
66.30 Sec. 102. Minnesota Statutes 1996, section 257.41, is
66.31 amended to read:
66.32 257.41 [FINANCIAL RESPONSIBILITY.]
66.33 Financial responsibility for any child placed pursuant to
66.34 the provisions of the interstate compact on the placement of
66.35 children shall be determined in accordance with the provisions
66.36 of article 5 thereof in the first instance. However, in the
67.1 event of partial or complete default of performance thereunder,
67.2 the provisions of sections 518C.01 to 518C.36 518C.101 to
67.3 518C.902 also may be invoked.
67.4 Sec. 103. Minnesota Statutes 1996, section 260.161,
67.5 subdivision 3, is amended to read:
67.6 Subd. 3. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except
67.7 for records relating to an offense where proceedings are public
67.8 under section 260.155, subdivision 1, peace officers' records of
67.9 children who are or may be delinquent or who may be engaged in
67.10 criminal acts shall be kept separate from records of persons 18
67.11 years of age or older and are private data but shall be
67.12 disseminated: (1) by order of the juvenile court, (2) as
67.13 required by section 126.036, (3) as authorized under section
67.14 13.82, subdivision 2, (4) to the child or the child's parent or
67.15 guardian unless disclosure of a record would interfere with an
67.16 ongoing investigation, or (5) as otherwise provided in this
67.17 subdivision. Except as provided in paragraph (c), no
67.18 photographs of a child taken into custody may be taken without
67.19 the consent of the juvenile court unless the child is alleged to
67.20 have violated section 169.121 or 169.129. Peace officers'
67.21 records containing data about children who are victims of crimes
67.22 or witnesses to crimes must be administered consistent with
67.23 section 13.82, subdivisions 2, 3, 4, and 10. Any person
67.24 violating any of the provisions of this subdivision shall be
67.25 guilty of a misdemeanor.
67.26 In the case of computerized records maintained about
67.27 juveniles by peace officers, the requirement of this subdivision
67.28 that records about juveniles must be kept separate from adult
67.29 records does not mean that a law enforcement agency must keep
67.30 its records concerning juveniles on a separate computer system.
67.31 Law enforcement agencies may keep juvenile records on the same
67.32 computer as adult records and may use a common index to access
67.33 both juvenile and adult records so long as the agency has in
67.34 place procedures that keep juvenile records in a separate place
67.35 in computer storage and that comply with the special data
67.36 retention and other requirements associated with protecting data
68.1 on juveniles.
68.2 (b) Nothing in this subdivision prohibits the exchange of
68.3 information by law enforcement agencies if the exchanged
68.4 information is pertinent and necessary to the requesting agency
68.5 in initiating, furthering, or completing a criminal
68.6 investigation.
68.7 (c) A photograph may be taken of a child taken into custody
68.8 pursuant to section 260.165, subdivision 1, clause (b), provided
68.9 that the photograph must be destroyed when the child reaches the
68.10 age of 19 years. The commissioner of corrections may photograph
68.11 juveniles whose legal custody is transferred to the
68.12 commissioner. Photographs of juveniles authorized by this
68.13 paragraph may be used only for institution management purposes,
68.14 case supervision by parole agents, and to assist law enforcement
68.15 agencies to apprehend juvenile offenders. The commissioner
68.16 shall maintain photographs of juveniles in the same manner as
68.17 juvenile court records and names under this section.
68.18 (d) Traffic investigation reports are open to inspection by
68.19 a person who has sustained physical harm or economic loss as a
68.20 result of the traffic accident. Identifying information on
68.21 juveniles who are parties to traffic accidents may be disclosed
68.22 as authorized under section 13.82, subdivision 4, and accident
68.23 reports required under section 169.09 may be released under
68.24 section 169.09, subdivision 13, unless the information would
68.25 identify a juvenile who was taken into custody or who is
68.26 suspected of committing an offense that would be a crime if
68.27 committed by an adult, or would associate a juvenile with the
68.28 offense, and the offense is not a minor an adult court traffic
68.29 offense under section 260.193.
68.30 (e) A law enforcement agency shall notify the principal or
68.31 chief administrative officer of a juvenile's school of an
68.32 incident occurring within the agency's jurisdiction if:
68.33 (1) the agency has probable cause to believe that the
68.34 juvenile has committed an offense that would be a crime if
68.35 committed as an adult, that the victim of the offense is a
68.36 student or staff member of the school, and that notice to the
69.1 school is reasonably necessary for the protection of the victim;
69.2 or
69.3 (2) the agency has probable cause to believe that the
69.4 juvenile has committed an offense described in subdivision 1b,
69.5 paragraph (a), clauses (1) to (3), that would be a crime if
69.6 committed by an adult, regardless of whether the victim is a
69.7 student or staff member of the school.
69.8 A law enforcement agency is not required to notify the
69.9 school under this paragraph if the agency determines that notice
69.10 would jeopardize an ongoing investigation. Notwithstanding
69.11 section 138.17, data from a notice received from a law
69.12 enforcement agency under this paragraph must be destroyed when
69.13 the juvenile graduates from the school or at the end of the
69.14 academic year when the juvenile reaches age 23, whichever date
69.15 is earlier. For purposes of this paragraph, "school" means a
69.16 public or private elementary, middle, or secondary school.
69.17 (f) In any county in which the county attorney operates or
69.18 authorizes the operation of a juvenile prepetition or pretrial
69.19 diversion program, a law enforcement agency or county attorney's
69.20 office may provide the juvenile diversion program with data
69.21 concerning a juvenile who is a participant in or is being
69.22 considered for participation in the program.
69.23 (g) Upon request of a local social service agency, peace
69.24 officer records of children who are or may be delinquent or who
69.25 may be engaged in criminal acts may be disseminated to the
69.26 agency to promote the best interests of the subject of the data.
69.27 Sec. 104. Minnesota Statutes 1996, section 268.0124, is
69.28 amended to read:
69.29 268.0124 [PLAIN LANGUAGE IN WRITTEN MATERIALS.]
69.30 (a) To the extent reasonable and consistent with the goals
69.31 of providing easily understandable and readable materials and
69.32 complying with federal and state laws governing the programs,
69.33 all written materials relating to services and determinations of
69.34 eligibility for or amounts of benefits that will be given to
69.35 applicants for or recipients of assistance under a program
69.36 administered or supervised by the commissioner of economic
70.1 security must be understandable to a person of average
70.2 intelligence and education.
70.3 (b) All written materials relating to determinations of
70.4 eligibility for or amounts of benefits that will be given to
70.5 applicants for or recipients of assistance under programs
70.6 administered or supervised by the commissioner of economic
70.7 security must be developed to satisfy the plain language
70.8 requirements of the plain language contract act under sections
70.9 325G.29 to 325G.36. Materials may be submitted to the attorney
70.10 general for review and certification. Notwithstanding section
70.11 325G.35, subdivision 1, the attorney general shall review
70.12 submitted materials to determine whether they comply with the
70.13 requirements of section 325G.31. The remedies available
70.14 pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to
70.15 these materials. Failure to comply with this section does not
70.16 provide a basis for suspending the implementation or operation
70.17 of other laws governing programs administered by the
70.18 commissioner.
70.19 (c) The requirements of this section apply to all materials
70.20 modified or developed by the commissioner on or after July 1,
70.21 1988. The requirements of this section do not apply to
70.22 materials that must be submitted to a federal agency for
70.23 approval, to the extent that application of the requirements
70.24 prevents federal approval.
70.25 (d) Nothing in this section may be construed to prohibit a
70.26 lawsuit brought to require the commissioner to comply with this
70.27 section or to affect individual appeal rights granted pursuant
70.28 to section 268.10.
70.29 Sec. 105. Minnesota Statutes 1996, section 268.03, is
70.30 amended to read:
70.31 268.03 [DECLARATION OF PUBLIC POLICY.]
70.32 As a guide to the interpretation and application of
70.33 sections 268.03 to 268.31 268.30, the public policy of this
70.34 state is declared to be as follows: Economic insecurity due to
70.35 unemployment is a serious menace to the health, morals, and
70.36 welfare of the people of this state. Involuntary unemployment
71.1 is therefore a subject of general interest and concern which
71.2 requires appropriate action by the legislature to prevent its
71.3 spread and to lighten its burdens. This can be provided by
71.4 encouraging employers to provide more stable employment and by
71.5 the systematic accumulation of funds during periods of
71.6 employment to provide benefits for periods of unemployment, thus
71.7 maintaining purchasing power and limiting the serious social
71.8 consequences of poor relief assistance. The legislature,
71.9 therefore, declares that in its considered judgment the public
71.10 good and the general welfare of the citizens of this state will
71.11 be promoted by providing, under the police powers of the state
71.12 for the compulsory setting aside of unemployment reserves to be
71.13 used for the benefit of persons unemployed through no fault of
71.14 their own. In recognition of its focus on returning the worker
71.15 to gainful employment, this program will be known in Minnesota
71.16 as "reemployment insurance."
71.17 Sec. 106. Minnesota Statutes 1996, section 268.15,
71.18 subdivision 3, is amended to read:
71.19 Subd. 3. [CONTINGENT ACCOUNT.] There is hereby created in
71.20 the state treasury a special account, to be known as the
71.21 economic security contingent account, which shall not lapse nor
71.22 revert to any other fund. Such account shall consist of all
71.23 money appropriated therefor by the legislature, all money in the
71.24 form of interest and penalties collected pursuant to sections
71.25 268.16 and 268.18, and all money received in the form of
71.26 voluntary contributions to this account and interest thereon.
71.27 All money in such account shall be supplemental to all federal
71.28 money that would be available to the commissioner but for the
71.29 existence of this account. Moneys in this account are hereby
71.30 appropriated to the commissioner and shall be available to the
71.31 commissioner for such expenditures as the commissioner may deem
71.32 necessary in connection with the administration of sections
71.33 268.04 to 268.231 268.23. Whenever the commissioner expends
71.34 money from said contingent account for the proper and efficient
71.35 administration of the Minnesota economic security law for which
71.36 funds have not yet been made available by the federal
72.1 government, such money so withdrawn from the contingent account
72.2 shall be replaced as hereinafter provided. Upon the deposit in
72.3 the economic security administration fund of moneys which are
72.4 received in reimbursement of payments made as above provided for
72.5 said contingent account, the commissioner shall certify to the
72.6 state treasurer the amount of such reimbursement and thereupon
72.7 the state treasurer shall transfer such amount from the economic
72.8 security administration fund to said contingent account. All
72.9 money in this account shall be deposited, administered, and
72.10 disbursed in the same manner and under the same conditions and
72.11 requirements as is provided by law for the other special
72.12 accounts in the state treasury. The state treasurer shall be
72.13 liable on the treasurer's official bond for the faithful
72.14 performance of duties in connection with the economic security
72.15 contingent account provided for herein. Notwithstanding
72.16 anything to the contrary contained herein, on June 30 of each
72.17 year, except 1982, all amounts in excess of $300,000 in this
72.18 account shall be paid over to the reemployment insurance fund
72.19 established under section 268.05 and administered in accordance
72.20 with the provisions set forth therein.
72.21 Sec. 107. Minnesota Statutes 1996, section 268.361,
72.22 subdivision 1, is amended to read:
72.23 Subdivision 1. [TERMS.] For the purposes of sections
72.24 268.361 to 268.367 268.366, the following terms have the
72.25 meanings given them.
72.26 Sec. 108. Minnesota Statutes 1996, section 272.12, is
72.27 amended to read:
72.28 272.12 [CONVEYANCES, TAXES PAID BEFORE RECORDING.]
72.29 When:
72.30 (a) a deed or other instrument conveying land,
72.31 (b) a plat of any town site or addition thereto,
72.32 (c) a survey required pursuant to section 508.47,
72.33 (d) a condominium plat subject to chapter 515 or 515A or a
72.34 declaration that contains such a plat, or
72.35 (e) a common interest community plat subject to chapter
72.36 515B or a declaration that contains such a plat,
73.1 is presented to the county auditor for transfer, the auditor
73.2 shall ascertain from the records if there be taxes delinquent
73.3 upon the land described therein, or if it has been sold for
73.4 taxes. An assignment of a sheriff's or referee's certificate of
73.5 sale, when the certificate of sale describes real estate, and
73.6 certificates of redemption from mortgage or lien foreclosure
73.7 sales, when the certificate of redemption encompasses real
73.8 estate and is issued to a junior creditor, are considered
73.9 instruments conveying land for the purposes of this section and
73.10 section 272.121. If there are taxes delinquent, the auditor
73.11 shall certify to the same; and upon payment of such taxes, or in
73.12 case no taxes are delinquent, shall transfer the land upon the
73.13 books of the auditor's office, and note upon the instrument,
73.14 over official signature, the words, "no delinquent taxes and
73.15 transfer entered," or, if the land described has been sold or
73.16 assigned to an actual purchaser for taxes, the words "paid by
73.17 sale of land described within;" and, unless such statement is
73.18 made upon such instrument, the county recorder or the registrar
73.19 of titles shall refuse to receive or record the same; provided,
73.20 that sheriff's or referees' certificates of sale on execution or
73.21 foreclosure of a lien or mortgage, certificates of redemption
73.22 from mortgage or lien foreclosure sales issued to the redeeming
73.23 mortgagor or lienee, deeds of distribution made by a personal
73.24 representative in probate proceedings, decrees and judgments,
73.25 receivers receipts, patents, and copies of town or statutory
73.26 city plats, in case the original plat filed in the office of the
73.27 county recorder has been lost or destroyed, and the instruments
73.28 releasing, removing and discharging reversionary and forfeiture
73.29 provisions affecting title to land and instruments releasing,
73.30 removing or discharging easement rights in land or building or
73.31 other restrictions, may be recorded without such certificate;
73.32 and, provided that instruments conveying land and, as
73.33 appurtenant thereto an easement over adjacent tract or tracts of
73.34 land, may be recorded without such certificate as to the land
73.35 covered by such easement; and provided further, that any
73.36 instrument granting an easement made in favor of any public
74.1 utility or pipe line for conveying gas, liquids or solids in
74.2 suspension, in the nature of a right of way over, along, across
74.3 or under a tract of land may be recorded without such
74.4 certificate as to the land covered by such easement. Any
74.5 instrument amending or restating the declarations, bylaws,
74.6 plats, or other enabling documents governing homeowners
74.7 associations of condominiums, townhouses, common interest
74.8 ownership communities, and other planned unit developments may
74.9 be recorded without the auditor's certificate.
74.10 A deed of distribution made by a personal representative in
74.11 a probate proceeding, a decree, or a judgment that conveys land
74.12 shall be presented to the county auditor, who shall transfer the
74.13 land upon the books of the auditor's office and note upon the
74.14 instrument, over official signature, the words, "transfer
74.15 entered", and the instrument may then be recorded. A decree or
74.16 judgment that affects title to land but does not convey land may
74.17 be recorded without presentation to the auditor.
74.18 A violation of this section by the county recorder or the
74.19 registrar of titles shall be a gross misdemeanor, and, in
74.20 addition to the punishment therefor, the recorder or registrar
74.21 shall be liable to the grantee of any instrument so recorded for
74.22 the amount of any damages sustained.
74.23 When, as a condition to permitting the recording of deed or
74.24 other instrument affecting the title to real estate previously
74.25 forfeited to the state under the provisions of sections 281.16
74.26 to 281.27 281.25, county officials, after such real estate has
74.27 been purchased or repurchased, have required the payment of
74.28 taxes erroneously assumed to have accrued against such real
74.29 estate after forfeiture and before the date of purchase or
74.30 repurchase, the sum required to be so paid shall be refunded to
74.31 the persons entitled thereto out of moneys in the funds in which
74.32 the sum so paid was placed. Delinquent taxes are those taxes
74.33 deemed delinquent under section 279.02.
74.34 Sec. 109. Minnesota Statutes 1996, section 273.1398,
74.35 subdivision 1, is amended to read:
74.36 Subdivision 1. [DEFINITIONS.] (a) In this section, the
75.1 terms defined in this subdivision have the meanings given them.
75.2 (b) "Unique taxing jurisdiction" means the geographic area
75.3 subject to the same set of local tax rates.
75.4 (c) "Previous net tax capacity" means the product of the
75.5 appropriate net class rates for the year previous to the year in
75.6 which the aid is payable, and estimated market values for the
75.7 assessment two years prior to that in which aid is payable.
75.8 "Total previous net tax capacity" means the previous net tax
75.9 capacities for all property within the unique taxing
75.10 jurisdiction. The total previous net tax capacity shall be
75.11 reduced by the sum of (1) the unique taxing jurisdiction's
75.12 previous net tax capacity of commercial-industrial property as
75.13 defined in section 473F.02, subdivision 3, or 276A.02 276A.01,
75.14 subdivision 3, multiplied by the ratio determined pursuant to
75.15 section 473F.08, subdivision 6, or 276A.06, subdivision 7, for
75.16 the municipality, as defined in section 473F.02, subdivision 8,
75.17 or 276A.06, subdivision 7 276A.01, subdivision 8, in which the
75.18 unique taxing jurisdiction is located, (2) the previous net tax
75.19 capacity of the captured value of tax increment financing
75.20 districts as defined in section 469.177, subdivision 2, and (3)
75.21 the previous net tax capacity of transmission lines deducted
75.22 from a local government's total net tax capacity under section
75.23 273.425. Previous net tax capacity cannot be less than zero.
75.24 (d) "Equalized market values" are market values that have
75.25 been equalized by dividing the assessor's estimated market value
75.26 for the second year prior to that in which the aid is payable by
75.27 the assessment sales ratios determined by class in the
75.28 assessment sales ratio study conducted by the department of
75.29 revenue pursuant to section 124.2131 in the second year prior to
75.30 that in which the aid is payable. The equalized market values
75.31 shall equal the unequalized market values divided by the
75.32 assessment sales ratio.
75.33 (e) "Equalized school levies" means the amounts levied for:
75.34 (1) general education under section 124A.23, subdivision 2;
75.35 (2) supplemental revenue under section 124A.22, subdivision
75.36 8a;
76.1 (3) transition revenue under section 124A.22, subdivision
76.2 13c;
76.3 (4) basic transportation under section 124.226, subdivision
76.4 1; and
76.5 (5) referendum revenue under section 124A.03.
76.6 (f) "Current local tax rate" means the quotient derived by
76.7 dividing the taxes levied within a unique taxing jurisdiction
76.8 for taxes payable in the year prior to that for which aids are
76.9 being calculated by the total previous net tax capacity of the
76.10 unique taxing jurisdiction.
76.11 (g) For purposes of calculating and allocating homestead
76.12 and agricultural credit aid authorized pursuant to subdivision 2
76.13 and the disparity reduction aid authorized in subdivision 3,
76.14 "gross taxes levied on all properties," "gross taxes," or "taxes
76.15 levied" means the total net tax capacity based taxes levied on
76.16 all properties except that levied on the captured value of tax
76.17 increment districts as defined in section 469.177, subdivision
76.18 2, and that levied on the portion of commercial industrial
76.19 properties' assessed value or gross tax capacity, as defined in
76.20 section 473F.02, subdivision 3, subject to the areawide tax as
76.21 provided in section 473F.08, subdivision 6, in a unique taxing
76.22 jurisdiction. "Gross taxes" are before any reduction for
76.23 disparity reduction aid but "taxes levied" are after any
76.24 reduction for disparity reduction aid. Gross taxes levied or
76.25 taxes levied cannot be less than zero.
76.26 "Taxes levied" excludes equalized school levies.
76.27 (h) "Household adjustment factor" means the number of
76.28 households for the second most recent year preceding that in
76.29 which the aids are payable divided by the number of households
76.30 for the third most recent year. The household adjustment factor
76.31 cannot be less than one.
76.32 (i) "Growth adjustment factor" means the household
76.33 adjustment factor in the case of counties. In the case of
76.34 cities, towns, school districts, and special taxing districts,
76.35 the growth adjustment factor equals one. The growth adjustment
76.36 factor cannot be less than one.
77.1 (j) "Homestead and agricultural credit base" means the
77.2 previous year's certified homestead and agricultural credit aid
77.3 determined under subdivision 2 less any permanent aid reduction
77.4 in the previous year to homestead and agricultural credit aid.
77.5 (k) "Net tax capacity adjustment" means (1) the tax base
77.6 differential defined in subdivision 1a, multiplied by (2) the
77.7 unique taxing jurisdiction's current local tax rate. The net
77.8 tax capacity adjustment cannot be less than zero.
77.9 (l) "Fiscal disparity adjustment" means a taxing
77.10 jurisdiction's fiscal disparity distribution levy under section
77.11 473F.08, subdivision 3, clause (a), or 276A.06, subdivision 3,
77.12 clause (a), for taxes payable in the year prior to that for
77.13 which aids are being calculated, multiplied by the ratio of the
77.14 tax base differential percent referenced in subdivision 1a for
77.15 the highest class rate for class 3 property for taxes payable in
77.16 the year prior to that for which aids are being calculated to
77.17 the highest class rate for class 3 property for taxes payable in
77.18 the second prior year to that for which aids are being
77.19 calculated. In the case of school districts, the fiscal
77.20 disparity distribution levy shall exclude that part of the levy
77.21 attributable to equalized school levies.
77.22 Sec. 110. [REPEALER; SECTION 273.1398 NOTE.]
77.23 The amendment to section 273.1398, subdivision 1, paragraph
77.24 (c), by Laws 1996, chapter 471, article 11, section 1, is
77.25 repealed.
77.26 Sec. 111. Minnesota Statutes 1996, section 279.01,
77.27 subdivision 3, is amended to read:
77.28 Subd. 3. In the case of class 1b agricultural homestead,
77.29 class 2a agricultural homestead property, and class 2b(2) 2b(3)
77.30 agricultural nonhomestead property, no penalties shall attach to
77.31 the second one-half property tax payment as provided in this
77.32 section if paid by November 15. Thereafter for class 1b
77.33 agricultural homestead and class 2a homestead property, on
77.34 November 16 following, a penalty of six percent shall accrue and
77.35 be charged on all such unpaid taxes and on December 1 following,
77.36 an additional two percent shall be charged on all such unpaid
78.1 taxes. Thereafter for class 2b(2) 2b(3) agricultural
78.2 nonhomestead property, on November 16 following, a penalty of
78.3 eight percent shall accrue and be charged on all such unpaid
78.4 taxes and on December 1 following, an additional four percent
78.5 shall be charged on all such unpaid taxes.
78.6 If the owner of class 1b agricultural homestead, class 2a,
78.7 or class 2b(2) 2b(3) agricultural property receives a
78.8 consolidated property tax statement that shows only an aggregate
78.9 of the taxes and special assessments due on that property and on
78.10 other property not classified as class 1b agricultural
78.11 homestead, class 2a, or class 2b(2) 2b(3) agricultural property,
78.12 the aggregate tax and special assessments shown due on the
78.13 property by the consolidated statement will be due on November
78.14 15 provided that at least 50 percent of the property's market
78.15 value is classified class 1b agricultural, class 2a, or
78.16 class 2b(2) 2b(3) agricultural.
78.17 Sec. 112. Minnesota Statutes 1996, section 280.05, is
78.18 amended to read:
78.19 280.05 [PROHIBITED PURCHASERS.]
78.20 A county auditor, county treasurer, court administrator of
78.21 the district court, or county assessor, or deputy or clerk or
78.22 employee of such officer, and a commissioner for tax forfeited
78.23 lands or assistant to such commissioner, may not purchase at
78.24 such sale, or procure an assignment of the right acquired by the
78.25 state in lands bid in for it at such sale, as in this chapter
78.26 provided in sections 280.06 to 280.12 280.11, either personally,
78.27 or as agent or attorney for any other person, except that such
78.28 officer, deputy, court administrator, employee or commissioner
78.29 for tax forfeited lands or assistant to such commissioner, if an
78.30 owner or lienholder of the lands, may purchase the lands, or
78.31 procure such assignment of the state's right in such lands.
78.32 Sec. 113. Minnesota Statutes 1996, section 280.28,
78.33 subdivision 2, is amended to read:
78.34 Subd. 2. There shall be paid at the time of delivery by
78.35 the person to whom delivered for each certificate issued to an
78.36 actual purchaser under sections section 280.03 and 280.13 a fee
79.1 of $1 and for each notice of expiration of redemption prepared
79.2 by the auditor for the holder of a certificate a fee of $2.
79.3 These fees shall be paid to the county treasurer upon the
79.4 auditor's statement of the amount due. The amount of such fees
79.5 shall be added to the amount payable under section 281.02 upon
79.6 redemption.
79.7 Sec. 114. Minnesota Statutes 1996, section 280.33, is
79.8 amended to read:
79.9 280.33 [CERTIFICATES AND DEEDS AS EVIDENCE; GROUNDS FOR
79.10 SETTING ASIDE.]
79.11 The certificates and deeds issued pursuant to sections
79.12 280.03, and 280.11, 280.13, and 280.25, or the record thereof,
79.13 shall be prima facie evidence that the parcel described therein
79.14 was subject to taxation for the year or years therein stated;
79.15 that such parcel was listed and assessed at the time and in the
79.16 manner required by law; that the taxes were levied according to
79.17 law; that the judgment pursuant to which the sale was made was
79.18 duly entered, and that the court had jurisdiction to enter the
79.19 same; that all requirements of law with respect to the sale had
79.20 been complied with; that such parcel had not been redeemed from
79.21 the sale; and of title in the grantee therein after the time for
79.22 redemption has expired; provided, that when any such certificate
79.23 or deed embraces university, school, or other state lands, the
79.24 title whereof is in the state, no other or greater interest
79.25 shall be held to be thereby conveyed than that acquired under
79.26 the certificate of the commissioner of finance. No sale shall
79.27 be set aside or held invalid by reason of any misrecitals in
79.28 such certificate or deed; nor unless the party objecting to the
79.29 same prove either that the taxes were paid before the judgment
79.30 was rendered, or that such parcel was exempt from taxation, or
79.31 that the court rendering the judgment pursuant to which the sale
79.32 was made had not jurisdiction to render the same, or that after
79.33 the judgment and before the sale such judgment had been
79.34 satisfied, or that notice of sale as required by this chapter
79.35 was not given, or that such parcel was not offered at such sale
79.36 to the bidder who would pay the amount for which the parcel was
80.1 to be sold at the lowest rate of interest, as provided in this
80.2 chapter; provided, that every judgment rendered against any
80.3 parcel for a tax which was paid before the entry thereof, or
80.4 when the land was exempt from taxation, shall be void, and all
80.5 sales made under any such judgment or under a judgment which has
80.6 been paid shall be void, and no title or interest in any parcel
80.7 sold under such judgment shall pass or be conveyed to any
80.8 purchaser at such sale. In any action brought to set aside or
80.9 to cancel such sale, or in which the validity of such sale may
80.10 arise, the tax receipt, or the treasurer's duplicate thereof, or
80.11 other record of the payment of such tax in the office of the
80.12 county auditor or the county treasurer, shall be prima facie
80.13 evidence of such payment; but such payment shall not be
80.14 established by parol testimony only. In such action, the county
80.15 in which the land is situated, or the state, if either claim any
80.16 interest in the land sold under such judgment, may be made a
80.17 party defendant, in which case the county attorney shall appear
80.18 in behalf of such county or state, or both.
80.19 Sec. 115. Minnesota Statutes 1996, section 280.35, is
80.20 amended to read:
80.21 280.35 [INVALID CERTIFICATE.]
80.22 If any certificate issued pursuant to sections 280.03, and
80.23 280.11, and 280.13 to an actual purchaser prove to be invalid
80.24 for any other cause than that the land described therein was not
80.25 subject to taxation, or that the taxes had been paid prior to
80.26 the sale, or that the assessment or levy was void, the lien of
80.27 the state on the parcel of land sold, as provided in section
80.28 272.31 shall be transferred, without any act whatever, to, and
80.29 vested in, the holder of such certificate, or the holder's
80.30 personal representatives, heirs, or assigns. Such holder, or
80.31 the personal representatives, heirs, or assigns of the holder,
80.32 may collect out of the property covered by such lien, by sale
80.33 thereof by foreclosure, or other proper action or proceeding,
80.34 the amount of taxes, penalties, and interest due thereon at the
80.35 time of such sale, with interest thereon at the rate of 12
80.36 percent per annum, together with the amount of all subsequent
81.1 taxes paid, with interest thereon at said rate, and the costs
81.2 and expenses of such action.
81.3 Sec. 116. Minnesota Statutes 1996, section 281.16, is
81.4 amended to read:
81.5 281.16 [STATED PERIOD OF REDEMPTION.]
81.6 The term "stated period of redemption," as used in sections
81.7 281.16 to 281.27 281.25, means the period of time specified in
81.8 those sections or in any other law for redemption of lands from
81.9 any tax judgment sale, including any extension of the period
81.10 originally prescribed, but not including any further time
81.11 allowed for redemption on account of requirements for giving
81.12 notice of expiration.
81.13 Sec. 117. Minnesota Statutes 1996, section 281.32, is
81.14 amended to read:
81.15 281.32 [LIMITATION OF TIME FOR FILING CERTIFICATE; 1925 AND
81.16 PRIOR YEARS.]
81.17 No notice of the expiration of the time of redemption upon
81.18 any certificate of tax judgment sale issued to an actual
81.19 purchaser shall be issued or served after the expiration of six
81.20 years from the date of the tax judgment sale described by any
81.21 such certificate, nor shall any such certificate be recorded in
81.22 the office of the county recorder or filed in the office of the
81.23 registrar of titles of the proper county after the expiration of
81.24 seven years from the date of such sale.
81.25 No notice of the expiration of the time of redemption upon
81.26 any state assignment certificate issued under the provisions of
81.27 section 280.11, or upon any certificate issued to an actual
81.28 purchaser at any forfeited tax sale held under the provisions of
81.29 sections 280.12, 280.13, and 280.25, shall be issued or served
81.30 after the expiration of six years from the date of such
81.31 certificate, nor shall any such certificate or deed issued
81.32 pursuant thereto be recorded in the office of the county
81.33 recorder after the expiration of seven years from the date of
81.34 such certificate.
81.35 All such certificates upon which such notice of expiration
81.36 of redemption shall not be issued and served and such
82.1 certificates recorded or filed in the office of the proper
82.2 county recorder or registrar of titles within the time limited
82.3 by this section shall be void and of no force and effect for any
82.4 purpose, and failure to serve such notice or record or file such
82.5 certificate within the time herein prescribed shall operate to
82.6 extinguish the lien of the purchaser for the taxes for the year
82.7 or years in such certificate described and appearing and the
82.8 lien of all subsequent taxes paid under such certificate.
82.9 Sec. 118. Minnesota Statutes 1996, section 282.07, is
82.10 amended to read:
82.11 282.07 [AUDITOR TO CANCEL TAXES.]
82.12 Immediately after forfeiture to the state of any parcel of
82.13 land, as provided by sections 281.16 to 281.27 281.25, the
82.14 county auditor shall cancel all taxes and tax liens appearing
82.15 upon the records, both delinquent and current, and all special
82.16 assessments, delinquent or otherwise. When the interest of a
82.17 purchaser of state trust fund land sold under certificate of
82.18 sale, or of the purchaser's heirs or assigns or successors in
82.19 interest, shall by reason of tax delinquency be transferred to
82.20 the state as provided by law, such interest shall pass to the
82.21 state free from any trust obligation to any taxing district and
82.22 free from all special assessments and such land shall become
82.23 unsold trust fund land.
82.24 Sec. 119. Minnesota Statutes 1996, section 284.04, is
82.25 amended to read:
82.26 284.04 [ACTION TO QUIET TITLE.]
82.27 Any person holding a tax certificate issued under section
82.28 280.03, or 280.11, or 280.13 at any time after the expiration of
82.29 the period of redemption from the tax sale on which such
82.30 certificate was issued may commence an action in the district
82.31 court of the county where the land embraced in such certificate
82.32 lies, to quiet title thereto, without taking possession of such
82.33 land; and any person who claims or appears of record to have any
82.34 interest in or lien upon the same, or any part thereof, may be
82.35 made defendant. At the time of the commencement of such action
82.36 the plaintiff shall file a notice of the pendency of the action
83.1 with the county recorder, as provided by law. If it shall
83.2 appear that the plaintiff's title is invalid for any cause other
83.3 than one which renders the taxes embraced in such certificate
83.4 void, the court shall not dismiss such action, but ascertain the
83.5 amount due the plaintiff for all taxes, interest, penalties, and
83.6 costs embraced in such certificate, and of all subsequent taxes,
83.7 penalties, interests, and costs paid by the plaintiff or the
83.8 plaintiff's assignors, with interest thereon at the rate of 12
83.9 percent per annum from the date of such certificate or payment,
83.10 and adjudge the same to be a lien against such land in favor of
83.11 such holder, and direct a sale thereof to satisfy such judgment
83.12 and costs of sale. All the provisions of sections 284.01 to
83.13 284.03, relating to the sales therein provided for and to
83.14 redemptions therefrom, shall be applicable to sales authorized
83.15 by this section.
83.16 Sec. 120. Minnesota Statutes 1996, section 290.091,
83.17 subdivision 6, is amended to read:
83.18 Subd. 6. [CREDIT FOR PRIOR YEARS' LIABILITY.] (a) A credit
83.19 is allowed against the tax imposed by this chapter on
83.20 individuals, trusts, and estates equal to the minimum tax credit
83.21 for the taxable year. The minimum tax credit equals the
83.22 adjusted net minimum tax for taxable years beginning after
83.23 December 31, 1988, reduced by the minimum tax credits allowed in
83.24 a prior taxable year. The credit may not exceed the excess (if
83.25 any) for the taxable year of
83.26 (1) the regular tax, over
83.27 (2) the greater of (i) the tentative alternative minimum
83.28 tax, or (ii) zero.
83.29 (b) The adjusted net minimum tax for a taxable year equals
83.30 the lesser of the net minimum tax or the excess (if any) of
83.31 (1) the tentative minimum tax, over
83.32 (2) seven percent of the sum of
83.33 (i) adjusted gross income as defined in section 62 of the
83.34 Internal Revenue Code,
83.35 (ii) interest income as defined in section 290.01,
83.36 subdivision 19a, clause (1),
84.1 (iii) interest on specified private activity bonds, as
84.2 defined in section 57(a)(5) of the Internal Revenue Code, to the
84.3 extent not included under clause (ii),
84.4 (iv) depletion as defined in section 57(a)(1), determined
84.5 without regard to the last sentence of paragraph (1), of the
84.6 Internal Revenue Code, less
84.7 (v) the deductions provided in subdivision 2, paragraph
84.8 (a), clauses (5), items (i), (ii), and (iii) (1), (2), and (3)
84.9 of the second series of clauses, and
84.10 (vi) the exemption amount determined under subdivision 3.
84.11 In the case of an individual who is not a Minnesota
84.12 resident for the entire year, adjusted net minimum tax must be
84.13 multiplied by the fraction defined in section 290.06,
84.14 subdivision 2c, paragraph (e). In the case of a trust or
84.15 estate, adjusted net minimum tax must be multiplied by the
84.16 fraction defined under subdivision 4, paragraph (b).
84.17 Sec. 121. Minnesota Statutes 1996, section 297A.259, is
84.18 amended to read:
84.19 297A.259 [LOTTERY TICKETS; IN LIEU TAX.]
84.20 Sales of state lottery tickets are exempt from the tax
84.21 imposed under section 297A.02. The state lottery must on or
84.22 before the 20th day of each month transmit to the commissioner
84.23 of revenue an amount equal to the gross receipts from the sale
84.24 of lottery tickets for the previous month multiplied by the
84.25 combined tax rate under sections section 297A.02, subdivision 1,
84.26 and 297A.021, subdivision 1. The resulting payment is in lieu
84.27 of the sales tax that otherwise would be imposed by this chapter.
84.28 The commissioner shall deposit the money transmitted as provided
84.29 by section 297A.44 and the money must be treated as other
84.30 proceeds of the sales tax. Gross receipts for purposes of this
84.31 section mean the proceeds of the sale of tickets before
84.32 deduction of a commission or other compensation paid to the
84.33 vendor or retailer for selling tickets.
84.34 Sec. 122. Minnesota Statutes 1996, section 299C.11, is
84.35 amended to read:
84.36 299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.]
85.1 (a) The sheriff of each county and the chief of police of
85.2 each city of the first, second, and third classes shall furnish
85.3 the bureau, upon such form as the superintendent shall
85.4 prescribe, with such finger and thumb prints, photographs,
85.5 distinctive physical mark identification data, and other
85.6 identification data as may be requested or required by the
85.7 superintendent of the bureau, which may be taken under the
85.8 provisions of section 299C.10, of persons who shall be convicted
85.9 of a felony, gross misdemeanor, or who shall be found to have
85.10 been convicted of a felony or gross misdemeanor, within ten
85.11 years next preceding their arrest.
85.12 (b) No petition under chapter 609A is required if the
85.13 person has not been convicted of any felony or gross
85.14 misdemeanor, either within or without the state, within the
85.15 period of ten years immediately preceding the determination of
85.16 all pending criminal actions or proceedings in favor of the
85.17 arrested person, and either of the following occurred:
85.18 (1) all charges were dismissed prior to a determination of
85.19 probable cause; or
85.20 (2) the prosecuting authority declined to file any charges
85.21 and a grand jury did not return an indictment.
85.22 Where these conditions are met, the bureau or agency shall,
85.23 upon demand, return to the arrested person finger and thumb
85.24 prints, photographs, distinctive physical mark identification
85.25 data, and other identification data, and all copies and
85.26 duplicates of them.
85.27 (c) Except as otherwise provided in paragraph (b), upon the
85.28 determination of all pending criminal actions or proceedings in
85.29 favor of the arrested person, and the granting of the petition
85.30 of the arrested person under chapter 609A, the bureau shall seal
85.31 finger and thumb prints, photographs, distinctive physical mark
85.32 identification data, and other identification data, and all
85.33 copies and duplicates of them if the arrested person has not
85.34 been convicted of any felony or gross misdemeanor, either within
85.35 or without the state, within the period of ten years immediately
85.36 preceding such determination.
86.1 (d) DNA samples and DNA records of the arrested person
86.2 shall not be returned, sealed, or destroyed as to a charge
86.3 supported by probable cause.
86.4 (e) For purposes of this section, "determination of all
86.5 pending criminal actions or proceedings in favor of the arrested
86.6 person" does not include:
86.7 (1) the sealing of a criminal record pursuant to section
86.8 152.18, subdivision 1, 242.31, 609.168, or chapter 609A;
86.9 (2) the arrested person's successful completion of a
86.10 diversion program;
86.11 (3) an order of discharge under section 609.165; or
86.12 (4) a pardon granted under section 638.02.
86.13 Sec. 123. Minnesota Statutes 1996, section 299F.46,
86.14 subdivision 1, is amended to read:
86.15 Subdivision 1. [HOTEL INSPECTION.] (a) It shall be the
86.16 duty of the commissioner of public safety to inspect, or cause
86.17 to be inspected, at least once every three years, every hotel in
86.18 this state; and, for that purpose, the commissioner, or the
86.19 commissioner's deputies, or designated alternates or agents
86.20 shall have the right to enter or have access thereto at any
86.21 reasonable hour; and, when, upon such inspection, it shall be
86.22 found that the hotel so inspected does not conform to or is not
86.23 being operated in accordance with the provisions of sections
86.24 157.011 and 157.15 to 157.22, in so far as the same relate to
86.25 fire prevention or fire protection of hotels, or the rules
86.26 promulgated thereunder, or is being maintained or operated in
86.27 such manner as to violate the uniform fire code promulgated
86.28 pursuant to section 299F.011 or any other law of this state
86.29 relating to fire prevention and fire protection of hotels, the
86.30 commissioner and the deputies or designated alternates or agents
86.31 shall report such a situation to the hotel inspector who shall
86.32 proceed as provided for in sections 157.01 to 157.14 chapter 157.
86.33 (b) The word "hotel", as used in this subdivision, has the
86.34 meaning given in section 299F.391.
86.35 Sec. 124. Minnesota Statutes 1996, section 299L.02,
86.36 subdivision 1, is amended to read:
87.1 Subdivision 1. [LOTTERY.] (a) The director shall when
87.2 required under chapter 349A or when requested by the director of
87.3 the lottery conduct background checks on employees of the state
87.4 lottery, lottery retailers, and bidders of lottery procurement
87.5 contracts.
87.6 (b) The director shall, when so requested by the director
87.7 of the state lottery or when the director believes it to be
87.8 reasonable and necessary, conduct investigations of lottery
87.9 retailers, applicants for lottery retailer contracts, suppliers
87.10 of goods or services to the state lottery, and persons bidding
87.11 on contracts for goods or services with the state lottery.
87.12 (c) The director shall conduct an annual security audit of
87.13 the state lottery, or arrange for such an audit by an outside
87.14 agency or person, firm, or corporation. The director shall
87.15 report to the state lottery board and the director of the
87.16 lottery on the results of the audit.
87.17 Sec. 125. Minnesota Statutes 1996, section 326.2421,
87.18 subdivision 2, is amended to read:
87.19 Subd. 2. [EXEMPTION.] Except as provided in subdivision 3,
87.20 no person exempt under subdivision 1 or licensed pursuant to
87.21 subdivision 3 may be required to obtain any authorization,
87.22 permit, franchise, or license from, or pay any fee, franchise
87.23 tax, or other assessment to, any agency, department, board, or
87.24 political subdivision of the state as a condition for performing
87.25 any work described herein. The requirements of this section
87.26 shall not apply to telephone companies as defined under section
87.27 237.01 nor to their employees, that are only engaged in the
87.28 laying out, installation, and repair of telephone systems.
87.29 Sec. 126. Minnesota Statutes 1996, section 327A.08, is
87.30 amended to read:
87.31 327A.08 [LIMITATIONS.]
87.32 Notwithstanding any other provision of Laws 1981, chapter
87.33 119, sections 1 to 10 327A.01 to 327A.07:
87.34 (a) The terms of the home improvement warranties required
87.35 by Laws 1981, chapter 119, sections 1 to 10 327A.01 to 327A.07,
87.36 commence upon completion of the home improvement and the term
88.1 shall not be required to be renewed or extended if the home
88.2 improvement contractor performs additional improvements required
88.3 by warranty;
88.4 (b) The home improvement warranties required by Laws 1981,
88.5 chapter 119, sections 1 to 10 327A.01 to 327A.07, shall not
88.6 include products or materials installed that are already covered
88.7 by implied or written warranty; and
88.8 (c) The home improvement warranties required by Laws 1981,
88.9 chapter 119, sections 1 to 10 327A.01 to 327A.07, are intended
88.10 to be implied warranties imposing an affirmative obligation upon
88.11 home improvement contractors, and Laws 1981, chapter 119,
88.12 sections 1 to 10 327A.01 to 327A.07, do not require that written
88.13 warranty instruments be created and conveyed to the owner.
88.14 Sec. 127. Minnesota Statutes 1996, section 345.48,
88.15 subdivision 1, is amended to read:
88.16 Subdivision 1. All funds received under sections 345.31 to
88.17 345.60, including the proceeds from the sale of abandoned
88.18 property pursuant to section 345.47, shall forthwith be
88.19 deposited by the commissioner in the general fund of the state
88.20 after deduction of the fees and expenses provided for in section
88.21 345.485; except that unclaimed restitution payments held by a
88.22 court under section 345.38 shall be deposited in the crime
88.23 victim and witness account created in section 609.101,
88.24 subdivision 1 611A.612. Before making the deposit the
88.25 commissioner shall record the name and last known address of
88.26 each person appearing from the holders' reports to be entitled
88.27 to the abandoned property and of the name and last known address
88.28 of each policyholder, insured person, or annuitant, and with
88.29 respect to each policy or contract listed in the report of a
88.30 life insurance corporation, its number, the name of the
88.31 corporation, and the amount due. The record shall be available
88.32 for public inspection at all reasonable business hours.
88.33 Sec. 128. Minnesota Statutes 1996, section 349.19,
88.34 subdivision 2a, is amended to read:
88.35 Subd. 2a. [TAX REFUND AND CREDIT ACCOUNT.] (a) Each
88.36 organization that receives a refund or credit under section
89.1 297E.02, subdivision 4, paragraph (d), must establish a separate
89.2 account designated as the tax and credit refund account. The
89.3 organization must (1) within four business days of receiving a
89.4 refund under that paragraph deposit the refund in the account,
89.5 and (2) within four business days of filing a tax return that
89.6 claims a credit under that paragraph, transfer from the separate
89.7 account established under subdivision 2 to the tax refund and
89.8 credit account an amount equal to the tax credit.
89.9 (b) The name and address of the bank, the account number
89.10 for the tax refund and credit account, and the names of
89.11 organization members authorized as signatories on the account
89.12 must be provided to the board within 30 days of the date when
89.13 the organization establishes the account. Changes in the
89.14 information must be submitted to the board at least ten days
89.15 before the change is made.
89.16 (c) The organization may expend money in the account only
89.17 for lawful purposes, other than lawful purposes described in
89.18 section 349.012 349.12, subdivision 25, paragraph (a), clauses
89.19 (8), (9), and (12). Amounts in the account must be spent for
89.20 qualifying lawful purposes no later than one year after the
89.21 refund is deposited.
89.22 Sec. 129. Minnesota Statutes 1996, section 353.64,
89.23 subdivision 2, is amended to read:
89.24 Subd. 2. Before a governing body may declare a position to
89.25 be that of a police officer, the duties of the person so
89.26 employed must, as a minimum, include employment as an officer of
89.27 a designated police department or sheriff's office or person in
89.28 charge of a designated police department or sheriff's office
89.29 whose primary job it is to enforce the law, who is licensed by
89.30 the Minnesota board of peace officer standards and training
89.31 under sections 626.84 to 626.855 626.863, who is engaged in the
89.32 hazards of protecting the safety and property of others, and who
89.33 has the power to arrest by warrant. A police officer who is
89.34 periodically assigned to employment duties not within the scope
89.35 of this subdivision may contribute to the public employees
89.36 police and fire fund for all service, if a resolution declaring
90.1 that the primary position held by the person is that of a police
90.2 officer, is adopted by the governing body of the department, and
90.3 is promptly submitted to the executive director.
90.4 Sec. 130. Minnesota Statutes 1996, section 353C.02, is
90.5 amended to read:
90.6 353C.02 [CORRECTIONAL SERVICE EMPLOYEES.]
90.7 A local government correctional service employee is a
90.8 person who:
90.9 (1) meets the definition of "essential employee" in section
90.10 179A.03, subdivision 7, excluding state employees, University of
90.11 Minnesota employees, firefighters, peace officers subject to
90.12 licensure under sections 626.84 to 626.855 626.863, employees of
90.13 hospitals other than state hospitals, confidential employees,
90.14 supervisory employees other than employees who supervise
90.15 correctional officers and who are stationed at correctional
90.16 facilities or city or county jails, principals, and assistant
90.17 principals;
90.18 (2) is employed by Dakota county, Hennepin county, Ramsey
90.19 county, or Washington county, if the county elects to
90.20 participate under section 353C.04 or by a joint-powers
90.21 correctional agency in which St. Louis county or its
90.22 municipalities participate, if the governing body of the agency
90.23 elects to participate under section 353C.04;
90.24 (3) is a public employee within the meaning of section
90.25 353.01, subdivisions 2 and 2a; and
90.26 (4) is not at the time of the exercise of the participation
90.27 option under section 353C.04 a member of the basic program of
90.28 the public employees retirement association or a member of the
90.29 public employees police and fire fund.
90.30 Sec. 131. Minnesota Statutes 1996, section 354.66,
90.31 subdivision 4, is amended to read:
90.32 Subd. 4. [RETIREMENT CONTRIBUTIONS.] Notwithstanding any
90.33 provision to the contrary in this chapter relating to the salary
90.34 figure to be used for the determination of contributions or the
90.35 accrual of service credit, a teacher assigned to a part-time
90.36 position under this section shall continue to make employee
91.1 contributions to and to accrue allowable service credit in the
91.2 retirement fund during the period of part-time employment on the
91.3 same basis and in the same amounts as would have been paid and
91.4 accrued if the teacher had been employed on a full-time basis
91.5 provided that, prior to June 30 each year, or within 30 days
91.6 after notification by the association of the amount due,
91.7 whichever is later, the member and the employing board make that
91.8 portion of the required employer contribution to the retirement
91.9 fund, in any proportion which they may agree upon, that is based
91.10 on the difference between the amount of compensation that would
91.11 have been paid if the teacher had been employed on a full-time
91.12 basis and the amount of compensation actually received by the
91.13 teacher for the services rendered in the part-time assignment.
91.14 The employing unit shall make that portion of the required
91.15 employer contributions to the retirement fund on behalf of the
91.16 teacher that is based on the amount of compensation actually
91.17 received by the teacher for the services rendered in the
91.18 part-time assignment in the manner described in section 354.43,
91.19 subdivision 3. The employee and employer contributions shall be
91.20 based upon the rates of contribution prescribed by section
91.21 354.42. Full accrual of allowable service credit and employee
91.22 contributions for part-time teaching service pursuant to this
91.23 section and section 354A.094 shall not continue for a period
91.24 longer than ten years.
91.25 Sec. 132. Minnesota Statutes 1996, section 383B.78,
91.26 subdivision 3, is amended to read:
91.27 Subd. 3. [REGULATORY ORDINANCES.] (a) The governing bodies
91.28 of counties having a population of more than 450,000, and all
91.29 cities and towns located in the counties may, by ordinance,
91.30 resolution, or bylaw, regulate the use of public bathing beaches
91.31 and public waters where a public bathing beach immediately
91.32 borders for the purpose of bathing, swimming, or congregating
91.33 with others, within their respective territorial limits, in a
91.34 manner that is not inconsistent with this section.
91.35 (b) If a governing body determines that the safety, health,
91.36 morals, or general welfare of the public require, the governing
92.1 body may, by ordinance, resolution, or bylaw, provide that a
92.2 public bathing beach is closed to bathing, swimming, and
92.3 congregating after 9:00 a.m. p.m.
92.4 Sec. 133. Minnesota Statutes 1996, section 383D.35, is
92.5 amended to read:
92.6 383D.35 [PROTECTION OF RIGHTS UNDER STATE AND FEDERAL
92.7 LAWS.]
92.8 Subdivision 1. Nothing in sections 383D.21 to 383D.34
92.9 383D.33 shall be construed to permit or encourage any action or
92.10 conduct prohibited by the Minnesota human rights act or prohibit
92.11 recourse to any remedies provided in the Minnesota human rights
92.12 act or any other state or federal law relating to equal
92.13 employment opportunities. The provisions of those laws shall
92.14 continue to apply to county employment generally, including
92.15 positions excluded from the jurisdiction of the county personnel
92.16 administration system.
92.17 Subd. 2. Nothing in sections 383D.21 to 383D.34 383D.33
92.18 shall be construed to affect the rights and obligations of an
92.19 employee or employer under sections 179A.01 to 179A.25, or the
92.20 provisions of a contract or agreement executed pursuant to them.
92.21 Subd. 3. Any employee in the unclassified service may be
92.22 demoted or removed from the employee's position in the
92.23 unclassified service without cause and at the discretion and
92.24 pleasure of the appointing authority, but, unless otherwise
92.25 provided by law, no permanent county employee, who has
92.26 successfully completed the employee's probationary period of
92.27 employment with the county, shall be dismissed from employment
92.28 with the county without the establishment of just cause. For
92.29 purposes of this subdivision, just cause includes, but is not
92.30 limited to, failure to perform assigned duties, substandard
92.31 performance, misconduct, insubordination, and violation of
92.32 written policies and procedures.
92.33 Sec. 134. Minnesota Statutes 1996, section 390.35, is
92.34 amended to read:
92.35 390.35 [ELECTION TO FOLLOW SIMPLIFIED INVESTIGATION.]
92.36 Sections 390.31 to 390.35 apply only to counties in which
93.1 the county board elects to be bound by them in lieu of other law
93.2 relating to coroners. In a county in which sections 390.31 to
93.3 390.35 apply, the county board may by resolution resume death
93.4 investigations under sections 390.005 to 390.26 390.25. The
93.5 board shall then fill the office of coroner as provided by
93.6 section 390.005.
93.7 Sec. 135. Minnesota Statutes 1996, section 412.191,
93.8 subdivision 1, is amended to read:
93.9 Subdivision 1. [COMPOSITION.] The city council in a
93.10 standard plan city shall consist of the mayor, the clerk, and
93.11 the three or five council members. In optional plan cities,
93.12 except those cities having a larger council under repealed
93.13 section 412.023, subdivision 4, the council shall consist of the
93.14 mayor and the four council members. A majority of all the
93.15 members shall constitute a quorum although a smaller number may
93.16 adjourn from time to time.
93.17 Sec. 136. Minnesota Statutes 1996, section 412.581, is
93.18 amended to read:
93.19 412.581 [OFFICERS.]
93.20 In any city operating under Optional Plan A except a city
93.21 having a larger council under repealed section 412.023,
93.22 subdivision 4, the council shall be composed of five or seven
93.23 members consisting, except during the initial period of its
93.24 operation as provided in section 412.571, of the mayor and four
93.25 or six council members and, except as provided in that section,
93.26 the clerk and treasurer or clerk-treasurer shall be appointed by
93.27 the council for indefinite terms.
93.28 Sec. 137. Minnesota Statutes 1996, section 412.631, is
93.29 amended to read:
93.30 412.631 [COMPOSITION OF COUNCIL.]
93.31 In any city operating under Optional Plan B, the council
93.32 shall, except as provided in sections repealed section 412.023,
93.33 subdivision 4, and section 412.571, be composed of a mayor and
93.34 four or six council members.
93.35 Sec. 138. Minnesota Statutes 1996, section 422A.01,
93.36 subdivision 18, is amended to read:
94.1 Subd. 18. [LICENSED PEACE OFFICER.] "Licensed peace
94.2 officer," for purposes of section 422A.151, means an employee of
94.3 the metropolitan airports commission who was employed by the
94.4 commission before June 30, 1978, and whose employment duties
94.5 include, at a minimum, full-time service as an officer whose
94.6 primary job it is to enforce the law, who is licensed by the
94.7 Minnesota board of peace officer standards and training under
94.8 sections 626.84 to 626.855 626.863, who is engaged in the
94.9 hazards of protecting the safety and property of others, and who
94.10 has the power to arrest by warrant.
94.11 Sec. 139. Minnesota Statutes 1996, section 427.02, is
94.12 amended to read:
94.13 427.02 [DEPOSITORIES.]
94.14 The council of any city in this state, but not including
94.15 cities when governed under a charter adopted under and pursuant
94.16 to the Constitution of the state of Minnesota, article IV,
94.17 section 36, and sections 410.03 to 410.24, and 441.01 to 441.09,
94.18 and all acts supplemental thereto, in which charter the matter
94.19 of designating depositories for city funds and the protection
94.20 thereof is provided for, or in which charter it shall hereafter
94.21 be provided for, shall have the power and authority to designate
94.22 or redesignate at the beginning of each calendar year, or from
94.23 time to time, the banks or other legal depositories of any city
94.24 in which the treasurer of the city shall deposit and keep the
94.25 moneys of the city, designating in each instance the maximum
94.26 amount which may at any time be kept in any one of these
94.27 depositories, which maximum amount shall in no case exceed 25
94.28 percent of the paid-up capital and surplus of the depository,
94.29 unless the depository shall deposit with the treasurer of the
94.30 city United States government bonds to secure the deposit of the
94.31 funds of the city; and, in that event, the amount so deposited
94.32 shall not exceed the amount of the United States government
94.33 bonds so deposited. No depository shall deposit United States
94.34 government bonds which mature within one year from the date such
94.35 bonds were first considered as a part of the bank's reserve and
94.36 which reserves are required by section 48.221. The council of
95.1 each city shall, at all times, designate depositories in the
95.2 city, or elsewhere in the United States, sufficient for the
95.3 depository of all funds which are likely to be in the hands of
95.4 the treasurer of the city at any one time and shall, so far as
95.5 consistent with the best interest of the city, designate these
95.6 depositories in the city and require from these depositories
95.7 good and sufficient bonds payable to the city in a penal sum not
95.8 to exceed the amount designated as the limit of deposit therein,
95.9 and conditioned for the safekeeping and payment of funds so
95.10 deposited, or, in lieu thereof, good and sufficient collateral
95.11 as provided for by section 118A.03.
95.12 Sec. 140. [REPEALER; SECTIONS 466.01, SUBDIVISIONS 4 AND
95.13 5.]
95.14 Minnesota Statutes 1996, section 466.01, subdivisions 4 and
95.15 5, are repealed.
95.16 Sec. 141. Minnesota Statutes 1996, section 466.03,
95.17 subdivision 6d, is amended to read:
95.18 Subd. 6d. [LICENSING OF PROVIDERS.] A claim against a
95.19 municipality based on the failure of a provider to meet the
95.20 standards needed for a license to operate a day care facility,
95.21 as defined in section 245.782, subdivision 5, under chapter 245A
95.22 for children, unless the municipality had actual knowledge of a
95.23 failure to meet licensing standards that resulted in a dangerous
95.24 condition that foreseeably threatened the plaintiff.
95.25 Sec. 142. [REPEALER; SECTION 469.033 NOTE.]
95.26 Laws 1994, chapter 416, article 1, section 47, is repealed.
95.27 Sec. 143. Minnesota Statutes 1996, section 469.078,
95.28 subdivision 1, is amended to read:
95.29 Subdivision 1. [MAY USE CHAPTER 458 POWERS GRANTED BY 1980
95.30 LAW.] The city of Minneapolis may exercise those powers of a
95.31 governmental agency or subdivision in sections 469.048 to
95.32 469.068 granted to it by Laws 1980, chapter 595.
95.33 Sec. 144. [REPEALER; SECTION 469.121 NOTE.]
95.34 Laws 1989, chapter 209, article 2, section 42, is repealed.
95.35 Sec. 145. Minnesota Statutes 1996, section 469.141,
95.36 subdivision 3, is amended to read:
96.1 Subd. 3. [WATER WELL REGULATION.] Cities may prohibit,
96.2 restrict, control, and require permits for drilling of water
96.3 wells as defined in section 156A.02 103I.005, but the
96.4 construction and abandonment of water wells is governed
96.5 by sections 156A.01 to 156A.10 chapter 103I.
96.6 Sec. 146. Minnesota Statutes 1996, section 469.173,
96.7 subdivision 7, is amended to read:
96.8 Subd. 7. [REPEALER APPLICATION.] Sections 469.169,
96.9 469.171, 469.172, and this section are effective remain in
96.10 effect only for border city enterprise zones and only until the
96.11 enterprise zone is terminated by resolution adopted by the city
96.12 in which the border city enterprise zone is located. For all
96.13 other enterprise zones, sections 469.169, 469.171, 469.172, and
96.14 this section are repealed effective no longer in effect after
96.15 December 31, 1996.
96.16 Sec. 147. Minnesota Statutes 1996, section 471.9981,
96.17 subdivision 1, is amended to read:
96.18 Subdivision 1. [1988 REPORT.] A home rule charter or
96.19 statutory city or county, referred to in this section as a
96.20 "governmental subdivision," that employs ten or more people and
96.21 that did not submit a report according to repealed section
96.22 471.998, shall submit the report by October 1, 1988, to the
96.23 commissioner of employee relations.
96.24 The plan for implementing equitable compensation for the
96.25 employees must provide for complete implementation not later
96.26 than December 31, 1991, unless a later date has been approved by
96.27 the commissioner. If a report was filed before October 1, 1987,
96.28 and had an implementation date after December 31, 1991, the date
96.29 in the report shall be approved by the commissioner. The plan
96.30 need not contain a market study.
96.31 Sec. 148. [REPEALER; SECTION 471A.02, SUBDIVISIONS 2 AND
96.32 15.]
96.33 Minnesota Statutes 1996, section 471A.02, subdivisions 2
96.34 and 15, are repealed.
96.35 Sec. 149. [REPEALER; SECTION 473.13 NOTE.]
96.36 Laws 1994, chapter 416, article 1, section 51, is repealed.
97.1 Sec. 150. Minnesota Statutes 1996, section 473.206, is
97.2 amended to read:
97.3 473.206 [LOCAL ORDINANCES.]
97.4 Each county, city or town in the metropolitan area shall be
97.5 provided with standards, criteria and suggested model ordinances
97.6 and may, after review and comment by the metropolitan council,
97.7 adopt ordinances which provide for the protection of the
97.8 resources described in section 473.204 that are the subject of
97.9 the standards, criteria, and model ordinances.
97.10 Sec. 151. Minnesota Statutes 1996, section 473.208, is
97.11 amended to read:
97.12 473.208 [COOPERATION.]
97.13 In adopting and enforcing the ordinances for which
97.14 standards and criteria are provided by sections 473.204 to
97.15 473.208 section 473.206, counties, cities and towns shall
97.16 consult and cooperate with affected soil and water conservation
97.17 districts, watershed districts, and lake conservation districts
97.18 on matters of common concern.
97.19 Sec. 152. [REPEALER; SECTION 473.445 NOTE.]
97.20 Laws 1994, chapter 411, section 4, is repealed.
97.21 Sec. 153. [REPEALER; SECTION 473.638, SUBDIVISION 1.]
97.22 Minnesota Statutes 1996, section 473.638, subdivision 1, is
97.23 repealed.
97.24 Sec. 154. Minnesota Statutes 1996, section 473.638,
97.25 subdivision 2, is amended to read:
97.26 Subd. 2. [RETENTION OR SALE OF PROPERTY.] The commission
97.27 may retain any property now owned by it or acquired under
97.28 subdivision 1 and use it for a lawful purpose, or it may provide
97.29 for the sale or other disposition of the property in accordance
97.30 with a redevelopment plan in the same manner and upon the same
97.31 terms as the housing and redevelopment authority and governing
97.32 body of a municipality under the provisions of section 469.029,
97.33 all subject to the provisions of section 473.636, subdivision 2,
97.34 or to existing land use and development control measures
97.35 approved by the council.
97.36 Sec. 155. [REPEALER; SECTION 473.639.]
98.1 Minnesota Statutes 1996, section 473.639, is repealed.
98.2 Sec. 156. [REPEALER; SECTION 473.711 NOTE.]
98.3 Laws 1994, chapter 416, article 1, section 56, is repealed.
98.4 Sec. 157. Minnesota Statutes 1996, section 473.859,
98.5 subdivision 2, is amended to read:
98.6 Subd. 2. [LAND USE PLAN.] A land use plan shall include
98.7 the water management plan required by section 103B.235, and
98.8 shall designate the existing and proposed location, intensity
98.9 and extent of use of land and water, including lakes, wetlands,
98.10 rivers, streams, natural drainage courses, and adjoining land
98.11 areas that affect water natural resources, for agricultural,
98.12 residential, commercial, industrial and other public and private
98.13 purposes, or any combination of such purposes. A land use plan
98.14 shall contain a protection element, as appropriate, for historic
98.15 sites, the matters listed in the water management plan required
98.16 by section 103B.235, and the matters listed in section 473.204,
98.17 and an element for protection and development of access to
98.18 direct sunlight for solar energy systems. A land use plan shall
98.19 also include a housing element containing standards, plans and
98.20 programs for providing adequate housing opportunities to meet
98.21 existing and projected local and regional housing needs,
98.22 including but not limited to the use of official controls and
98.23 land use planning to promote the availability of land for the
98.24 development of low and moderate income housing.
98.25 Sec. 158. Minnesota Statutes 1996, section 475.51,
98.26 subdivision 9, is amended to read:
98.27 Subd. 9. [GOVERNING BODY.] "Governing body" means the
98.28 board, council, commission, or other body of the municipality
98.29 charged with the general control of its financial affairs;
98.30 provided, that where any charter or law confers bond issuing
98.31 power on a particular board or body of a municipality, such
98.32 board or body is the governing body under the provisions of
98.33 sections 475.51 to 475.75 475.74.
98.34 Sec. 159. Minnesota Statutes 1996, section 475.53,
98.35 subdivision 1, is amended to read:
98.36 Subdivision 1. [GENERALLY.] Except as otherwise provided
99.1 in sections 475.51 to 475.75 475.74, no municipality, except a
99.2 school district or a city of the first class, shall incur or be
99.3 subject to a net debt in excess of two percent of the market
99.4 value of taxable property in the municipality.
99.5 Sec. 160. Minnesota Statutes 1996, section 475.57, is
99.6 amended to read:
99.7 475.57 [INITIATION OF PROCEEDINGS; RESOLUTION.]
99.8 Proceedings for issuing bonds under sections 475.51 to
99.9 475.75 475.74 shall be initiated by a resolution of the
99.10 governing body of the municipality stating the amount proposed
99.11 to be borrowed and the purpose for which the debt is to be
99.12 incurred. Such resolution may provide for the submission of the
99.13 question to vote of the electors. A town board may adopt such
99.14 resolution without a statement for special town meeting being
99.15 filed with the clerk.
99.16 Sec. 161. Minnesota Statutes 1996, section 475.61,
99.17 subdivision 2, is amended to read:
99.18 Subd. 2. [FILING; CERTIFICATION; ASSESSMENT; EXTENSION.]
99.19 The recording officer of the municipality shall file in the
99.20 office of the county auditor of each county in which any part of
99.21 the municipality is located a certified copy of the resolution,
99.22 together with full information regarding the obligations for
99.23 which the tax is levied. No further action by the municipality
99.24 is required to authorize the extension, assessment and
99.25 collection of the tax, but the municipality's liability on the
99.26 obligations is not limited thereto and its governing body shall
99.27 levy and cause to be extended, assessed and collected any
99.28 additional taxes found necessary for full payment of the
99.29 principal and interest. The county auditor shall forthwith
99.30 certify to the municipality that the obligations have been
99.31 entered in the register required by sections 475.51 to 475.75
99.32 475.74 and that the tax levy required by sections 475.51
99.33 to 475.75 475.74 has been made. The auditor shall annually
99.34 assess and extend upon the tax rolls the amount specified for
99.35 such year in the resolution, unless the amount has been reduced
99.36 as authorized below or, if the municipality is located in more
100.1 than one county, the portion thereof which bears the same ratio
100.2 to the whole amount as the net tax capacity of taxable property
100.3 in that part of the municipality located in the auditor's county
100.4 bears to the net tax capacity of all taxable property in the
100.5 municipality.
100.6 Sec. 162. Minnesota Statutes 1996, section 480.242,
100.7 subdivision 2, is amended to read:
100.8 Subd. 2. [REVIEW OF APPLICATIONS; SELECTION OF
100.9 RECIPIENTS.] At times and in accordance with any procedures as
100.10 the supreme court adopts in the form of court rules,
100.11 applications for the expenditure of civil legal services funds
100.12 shall be accepted from qualified legal services programs or from
100.13 local government agencies and nonprofit organizations seeking to
100.14 establish qualified alternative dispute resolution programs.
100.15 The applications shall be reviewed by the advisory committee,
100.16 and the advisory committee, subject to review by the supreme
100.17 court, shall distribute the funds received pursuant to section
100.18 480.241, subdivision 2, available for this expenditure to
100.19 qualified legal services programs or to qualified alternative
100.20 dispute resolution programs submitting applications. The funds
100.21 shall be distributed in accordance with the following formula:
100.22 (a) Eighty-five percent of the funds distributed shall be
100.23 distributed to qualified legal services programs that have
100.24 demonstrated an ability as of July 1, 1982, to provide legal
100.25 services to persons unable to afford private counsel with funds
100.26 provided by the federal Legal Services Corporation. The
100.27 allocation of funds among the programs selected shall be based
100.28 upon the number of persons with incomes below the poverty level
100.29 established by the United States Census Bureau who reside in the
100.30 geographical area served by each program, as determined by the
100.31 supreme court on the basis of the most recent national census.
100.32 All funds distributed pursuant to this clause shall be used for
100.33 the provision of legal services in civil and farm legal
100.34 assistance matters as prioritized by program boards of directors
100.35 to eligible clients.
100.36 (b) Fifteen percent of the funds distributed may be
101.1 distributed (1) to other qualified legal services programs for
101.2 the provision of legal services in civil matters to eligible
101.3 clients, including programs which organize members of the
101.4 private bar to perform services and programs for qualified
101.5 alternative dispute resolution, (2) to programs for training
101.6 mediators operated by nonprofit alternative dispute resolution
101.7 corporations, or (3) to qualified legal services programs to
101.8 provide family farm legal assistance for financially distressed
101.9 state farmers. The family farm legal assistance must be
101.10 directed at farm financial problems including, but not limited
101.11 to, liquidation of farm property including bankruptcy, farm
101.12 foreclosure, repossession of farm assets, restructuring or
101.13 discharge of farm debt, farm credit and general debtor-creditor
101.14 relations, and tax considerations. If all the funds to be
101.15 distributed pursuant to this clause cannot be distributed
101.16 because of insufficient acceptable applications, the remaining
101.17 funds shall be distributed pursuant to clause (a).
101.18 A person is eligible for legal assistance under this
101.19 section if the person is an eligible client as defined in
101.20 section 480.24, subdivision 2, or:
101.21 (1) is a state resident;
101.22 (2) is or has been a farmer or a family shareholder of a
101.23 family farm corporation within the preceding 24 months;
101.24 (3) has a debt-to-asset ratio greater than 50 percent;
101.25 (4) has a reportable federal adjusted gross income of
101.26 $15,000 or less in the previous year; and
101.27 (5) is financially unable to retain legal representation.
101.28 Qualifying farmers and small business operators whose bank
101.29 loans are held by the Federal Deposit Insurance Corporation are
101.30 eligible for legal assistance under this section.
101.31 Sec. 163. Minnesota Statutes 1996, section 500.24,
101.32 subdivision 3, is amended to read:
101.33 Subd. 3. [CORPORATE FARMING, AG LAND OWNERSHIP
101.34 RESTRICTED.] No corporation, limited liability company, pension
101.35 or investment fund, or limited partnership shall engage in
101.36 farming; nor shall any corporation, limited liability company,
102.1 pension or investment fund, or limited partnership, directly or
102.2 indirectly, own, acquire, or otherwise obtain an interest,
102.3 whether legal, beneficial or otherwise, in any title to real
102.4 estate used for farming or capable of being used for farming in
102.5 this state. Livestock that are delivered for slaughter or
102.6 processing may be fed and cared for by a corporation up to 20
102.7 days prior to slaughter or processing. Provided, however, that
102.8 the restrictions in this subdivision do not apply to
102.9 corporations or partnerships in clause (b) and do not apply to
102.10 corporations, limited partnerships, and pension or investment
102.11 funds that record its name and the particular exception under
102.12 clauses (a) to (s) (r) under which the agricultural land is
102.13 owned or farmed, have a conservation plan prepared for the
102.14 agricultural land, report as required under subdivision 4, and
102.15 satisfy one of the following conditions under clauses (a)
102.16 to (s) (r):
102.17 (a) a bona fide encumbrance taken for purposes of security;
102.18 (b) a family farm corporation, an authorized farm
102.19 corporation, a family farm partnership, or an authorized farm
102.20 partnership as defined in subdivision 2 or a general
102.21 partnership;
102.22 (c) agricultural land and land capable of being used for
102.23 farming owned by a corporation as of May 20, 1973, or a pension
102.24 or investment fund as of May 12, 1981, including the normal
102.25 expansion of such ownership at a rate not to exceed 20 percent
102.26 of the amount of land owned as of May 20, 1973, or, in the case
102.27 of a pension or investment fund, as of May 12, 1981, measured in
102.28 acres, in any five-year period, and including additional
102.29 ownership reasonably necessary to meet the requirements of
102.30 pollution control rules;
102.31 (d) agricultural land operated for research or experimental
102.32 purposes with the approval of the commissioner of agriculture,
102.33 provided that any commercial sales from the operation must be
102.34 incidental to the research or experimental objectives of the
102.35 corporation. A corporation, limited partnership, or pension or
102.36 investment fund seeking to operate agricultural land for
103.1 research or experimental purposes must submit to the
103.2 commissioner a prospectus or proposal of the intended method of
103.3 operation, containing information required by the commissioner
103.4 including a copy of any operational contract with individual
103.5 participants, prior to initial approval of an operation. A
103.6 corporation, limited partnership, or pension or investment fund
103.7 operating agricultural land for research or experimental
103.8 purposes prior to May 1, 1988, must comply with all requirements
103.9 of this clause except the requirement for initial approval of
103.10 the project;
103.11 (e) agricultural land operated by a corporation or limited
103.12 partnership for the purpose of raising breeding stock, including
103.13 embryos, for resale to farmers or operated for the purpose of
103.14 growing seed, wild rice, nursery plants or sod. An entity that
103.15 is organized to raise livestock other than dairy cattle under
103.16 this clause that does not meet the definition requirement for an
103.17 authorized farm corporation must:
103.18 (1) sell all castrated animals to be fed out or finished to
103.19 farming operations that are neither directly nor indirectly
103.20 owned by the business entity operating the breeding stock
103.21 operation; and
103.22 (2) report its total production and sales annually to the
103.23 commissioner of agriculture;
103.24 (f) agricultural land and land capable of being used for
103.25 farming leased by a corporation or limited partnership in an
103.26 amount, measured in acres, not to exceed the acreage under lease
103.27 to such corporation as of May 20, 1973, or to the limited
103.28 partnership as of May 1, 1988, and the additional acreage
103.29 required for normal expansion at a rate not to exceed 20 percent
103.30 of the amount of land leased as of May 20, 1973, for a
103.31 corporation or May 1, 1988, for a limited partnership in any
103.32 five-year period, and the additional acreage reasonably
103.33 necessary to meet the requirements of pollution control rules;
103.34 (g) agricultural land when acquired as a gift (either by
103.35 grant or a devise) by an educational, religious, or charitable
103.36 nonprofit corporation or by a pension or investment fund or
104.1 limited partnership; provided that all lands so acquired by a
104.2 pension or investment fund, and all lands so acquired by a
104.3 corporation or limited partnership which are not operated for
104.4 research or experimental purposes, or are not operated for the
104.5 purpose of raising breeding stock for resale to farmers or
104.6 operated for the purpose of growing seed, wild rice, nursery
104.7 plants or sod must be disposed of within ten years after
104.8 acquiring title thereto;
104.9 (h) agricultural land acquired by a pension or investment
104.10 fund or a corporation other than a family farm corporation or
104.11 authorized farm corporation, as defined in subdivision 2, or a
104.12 limited partnership other than a family farm partnership or
104.13 authorized farm partnership as defined in subdivision 2, for
104.14 which the corporation or limited partnership has documented
104.15 plans to use and subsequently uses the land within six years
104.16 from the date of purchase for a specific nonfarming purpose, or
104.17 if the land is zoned nonagricultural, or if the land is located
104.18 within an incorporated area. A pension or investment fund or a
104.19 corporation or limited partnership may hold such agricultural
104.20 land in such acreage as may be necessary to its nonfarm business
104.21 operation; provided, however, that pending the development of
104.22 agricultural land for nonfarm purposes, such land may not be
104.23 used for farming except under lease to a family farm unit, a
104.24 family farm corporation, an authorized farm corporation, a
104.25 family farm partnership, or an authorized farm partnership, or
104.26 except when controlled through ownership, options, leaseholds,
104.27 or other agreements by a corporation which has entered into an
104.28 agreement with the United States of America pursuant to the New
104.29 Community Act of 1968 (Title IV of the Housing and Urban
104.30 Development Act of 1968, United States Code, title 42, sections
104.31 3901 to 3914) as amended, or a subsidiary or assign of such a
104.32 corporation;
104.33 (i) agricultural lands acquired by a pension or investment
104.34 fund or a corporation or limited partnership by process of law
104.35 in the collection of debts, or by any procedure for the
104.36 enforcement of a lien or claim thereon, whether created by
105.1 mortgage or otherwise; provided, however, that all lands so
105.2 acquired be disposed of within ten years after acquiring the
105.3 title if acquired before May 1, 1988, and five years after
105.4 acquiring the title if acquired on or after May 1, 1988,
105.5 acquiring the title thereto, and further provided that the land
105.6 so acquired shall not be used for farming during the ten-year or
105.7 five-year period except under a lease to a family farm unit, a
105.8 family farm corporation, an authorized farm corporation, a
105.9 family farm partnership, or an authorized farm partnership. The
105.10 aforementioned ten-year or five-year limitation period shall be
105.11 deemed a covenant running with the title to the land against any
105.12 grantee, assignee, or successor of the pension or investment
105.13 fund, corporation, or limited partnership. Notwithstanding the
105.14 five-year divestiture requirement under this clause, a financial
105.15 institution may continue to own the agricultural land if the
105.16 agricultural land is leased to the immediately preceding former
105.17 owner, but must divest of the agricultural land within the
105.18 ten-year period. Livestock acquired by a pension or investment
105.19 fund, corporation, or limited partnership in the collection of
105.20 debts, or by a procedure for the enforcement of lien or claim on
105.21 the livestock whether created by security agreement or otherwise
105.22 after August 1, 1994, must be sold or disposed of within one
105.23 full production cycle for the type of livestock acquired or 18
105.24 months after the livestock is acquired, whichever is later;
105.25 (j) agricultural land acquired by a corporation regulated
105.26 under the provisions of Minnesota Statutes 1974, chapter 216B,
105.27 for purposes described in that chapter or by an electric
105.28 generation or transmission cooperative for use in its business,
105.29 provided, however, that such land may not be used for farming
105.30 except under lease to a family farm unit, a family farm
105.31 corporation, or a family farm partnership;
105.32 (k) agricultural land, either leased or owned, totaling no
105.33 more than 2,700 acres, acquired after May 20, 1973, for the
105.34 purpose of replacing or expanding asparagus growing operations,
105.35 provided that such corporation had established 2,000 acres of
105.36 asparagus production;
106.1 (l) all agricultural land or land capable of being used for
106.2 farming which was owned or leased by an authorized farm
106.3 corporation as defined in Minnesota Statutes 1974, section
106.4 500.24, subdivision 1, clause (d), but which does not qualify as
106.5 an authorized farm corporation as defined in subdivision 2,
106.6 clause (d);
106.7 (m) a corporation formed primarily for religious purposes
106.8 whose sole income is derived from agriculture;
106.9 (n) agricultural land owned or leased by a corporation
106.10 prior to August 1, 1975, which was exempted from the restriction
106.11 of this subdivision under the provisions of Laws 1973, chapter
106.12 427, including normal expansion of such ownership or leasehold
106.13 interest to be exercised at a rate not to exceed 20 percent of
106.14 the amount of land owned or leased on August 1, 1975, in any
106.15 five-year period and the additional ownership reasonably
106.16 necessary to meet requirements of pollution control rules;
106.17 (o) agricultural land owned or leased by a corporation
106.18 prior to August 1, 1978, including normal expansion of such
106.19 ownership or leasehold interest, to be exercised at a rate not
106.20 to exceed 20 percent of the amount of land owned or leased on
106.21 August 1, 1978, and the additional ownership reasonably
106.22 necessary to meet requirements of pollution control rules,
106.23 provided that nothing herein shall reduce any exemption
106.24 contained under the provisions of Laws 1975, chapter 324,
106.25 section 1, subdivision 2;
106.26 (p) an interest in the title to agricultural land acquired
106.27 by a pension fund or family trust established by the owners of a
106.28 family farm, authorized farm corporation or family farm
106.29 corporation, but limited to the farm on which one or more of
106.30 those owners or shareholders have resided or have been actively
106.31 engaged in farming as required by subdivision 2, clause (b),
106.32 (c), or (d);
106.33 (q) agricultural land owned by a nursing home located in a
106.34 city with a population, according to the state demographer's
106.35 1985 estimate, between 900 and 1,000, in a county with a
106.36 population, according to the state demographer's 1985 estimate,
107.1 between 18,000 and 19,000, if the land was given to the nursing
107.2 home as a gift with the expectation that it would not be sold
107.3 during the donor's lifetime. This exemption is available until
107.4 July 1, 1995;
107.5 (r) the acreage of agricultural land and land capable of
107.6 being used for farming owned and recorded by an authorized farm
107.7 corporation as defined in Minnesota Statutes 1986, section
107.8 500.24, subdivision 2, paragraph (d), or a limited partnership
107.9 as of May 1, 1988, including the normal expansion of the
107.10 ownership at a rate not to exceed 20 percent of the land owned
107.11 and recorded as of May 1, 1988, measured in acres, in any
107.12 five-year period, and including additional ownership reasonably
107.13 necessary to meet the requirements of pollution control
107.14 rules; or
107.15 (s) (r) agricultural land owned or leased as a necessary
107.16 part of an aquatic farm as defined in section 17.47, subdivision
107.17 3.
107.18 Sec. 164. Minnesota Statutes 1996, section 508A.01,
107.19 subdivision 3, is amended to read:
107.20 Subd. 3. [DEFINITION.] For the purposes of sections
107.21 508A.01 to 508A.85, the term "possessory estate in land" means a
107.22 fee simple estate held by an owner who (1) has been found on
107.23 examination by the examiner of titles pursuant to section
107.24 508A.13 to be the record owner of the land described; and (2)
107.25 has satisfied the examiner of titles that the owner is in actual
107.26 or constructive possession of the land described.
107.27 Sec. 165. Minnesota Statutes 1996, section 524.2-402, is
107.28 amended to read:
107.29 524.2-402 [DESCENT OF HOMESTEAD.]
107.30 (a) If there is a surviving spouse, the homestead,
107.31 including a manufactured home which is the family residence,
107.32 descends free from any testamentary or other disposition of it
107.33 to which the spouse has not consented in writing or as provided
107.34 by law, as follows:
107.35 (1) if there is no surviving descendant of decedent, to the
107.36 spouse; or
108.1 (2) if there are surviving descendants of decedent, then to
108.2 the spouse for the term of the spouse's natural life and the
108.3 remainder in equal shares to the decedent's descendants by
108.4 representation.
108.5 (b) If there is no surviving spouse and the homestead has
108.6 not been disposed of by will it descends as other real estate.
108.7 (c) If the homestead passes by descent or will to the
108.8 spouse or decedent's descendants, it is exempt from all debts
108.9 which were not valid charges on it at the time of decedent's
108.10 death except that the homestead is subject to a claim filed
108.11 pursuant to section 246.53 for state hospital care or 256B.15
108.12 for medical assistance benefits. If the homestead passes to a
108.13 person other than a spouse or decedent's descendants, it is
108.14 subject to the payment of the items mentioned in section
108.15 524.2-101 the expenses of administration, funeral expenses,
108.16 expenses of last illness, taxes, and debts. No lien or other
108.17 charge against a homestead so exempted is enforceable in the
108.18 probate court, but the claimant may enforce the lien or charge
108.19 by an appropriate action in the district court.
108.20 (d) For purposes of this section, except as provided in
108.21 section 524.2-301, the surviving spouse is deemed to consent to
108.22 any testamentary or other disposition of the homestead to which
108.23 the spouse has not previously consented in writing unless the
108.24 spouse files in the manner provided in section 524.2-211,
108.25 paragraph (f), a petition that asserts the homestead rights
108.26 provided to the spouse by this section.
108.27 Sec. 166. Minnesota Statutes 1996, section 525.152,
108.28 subdivision 1, is amended to read:
108.29 Subdivision 1. [DEFINITIONS.] (a) "Eligible child" means a
108.30 child of the decedent who:
108.31 (1) is not the child of the surviving spouse, if any;
108.32 (2) if there is no surviving spouse, is not a minor, and
108.33 has a different parent than minor children of the decedent who
108.34 are entitled to an allowance selection under section 525.15,
108.35 clause (3); and
108.36 (3) if the decedent dies testate, is a devisee under the
109.1 decedent's will.
109.2 (b) "Sentimental value" means significant emotional or
109.3 nostalgic value arising out of the relationship of an individual
109.4 with the decedent or arising out of the relationship of the
109.5 eligible child with the individual who is the nondecedent parent
109.6 of the eligible child.
109.7 Sec. 167. Minnesota Statutes 1996, section 525.152,
109.8 subdivision 2, is amended to read:
109.9 Subd. 2. [INELIGIBLE PROPERTY.] The following property is
109.10 not eligible for an award under this section:
109.11 (1) real property;
109.12 (2) personal property that is the subject of a specific
109.13 devise under the decedent's will where the will was executed
109.14 before August 1, 1989, and where the devise specifically
109.15 identifies the particular item of property, unless the property
109.16 is selected under section 525.151 524.2-403;
109.17 (3) personal property that is the subject of a specific
109.18 devise under a separate writing under section 524.2-513, unless
109.19 the property is selected under section 525.151 524.2-403; and
109.20 (4) personal property disposed of by a premarital agreement.
109.21 Sec. 168. Minnesota Statutes 1996, section 525.152,
109.22 subdivision 3, is amended to read:
109.23 Subd. 3. [NOTICE TO ELIGIBLE CHILDREN; PETITION.] At the
109.24 time of an allowance selection under section 525.151 524.2-403,
109.25 the person making the selection shall serve personally or by
109.26 mail a written itemized notice of the property selected to every
109.27 eligible child of the decedent. This requirement does not apply
109.28 if an award of property with sentimental value already has been
109.29 made under this section. Within 30 days of receipt of the
109.30 notice of selection, an eligible child may petition the court to
109.31 award property with sentimental value contained in the notice,
109.32 or other property with sentimental value that belonged to the
109.33 decedent, to the eligible child.
109.34 Sec. 169. [REVISOR'S INSTRUCTION; SECTIONS 626.843 TO
109.35 626.88.]
109.36 The revisor shall change the citation from section 626.855
110.1 to section 626.863 in the following sections of Minnesota
110.2 Statutes: 626.843; 626.845; 626.846; 626.847; 626.851; and
110.3 626.88.
110.4 Sec. 170. Laws 1995, chapter 220, section 7, subdivision
110.5 3, is amended to read:
110.6 Subd. 3. Promotion and Marketing
110.7 1,146,000 1,146,000
110.8 Summary by Fund
110.9 General 954,000 954,000
110.10 Special Revenue 192,000 192,000
110.11 Notwithstanding Minnesota Statutes,
110.12 section 41A.09, subdivision 3 3a, the
110.13 total payments from the ethanol
110.14 development account to all producers
110.15 may not exceed $25,000,000 for the
110.16 biennium ending June 30, 1997. If the
110.17 total amount for which all producers
110.18 are eligible in a quarter exceeds the
110.19 amount available for payments, the
110.20 commissioner shall make the payments on
110.21 a pro rata basis.
110.22 $100,000 the first year and $100,000
110.23 the second year are for ethanol
110.24 promotion and public education.
110.25 $100,000 the first year and $100,000
110.26 the second year must be spent for the
110.27 WIC coupon program.
110.28 $71,000 the first year and $71,000 the
110.29 second year are for transfer to the
110.30 Minnesota grown matching account and
110.31 may be used as grants for Minnesota
110.32 grown promotion under Minnesota
110.33 Statutes, section 17.109.
110.34 $192,000 the first year and $192,000
110.35 the second year are from the
110.36 commodities research and promotion
110.37 account in the special revenue fund.
110.38 Sec. 171. Laws 1996, chapter 310, section 1, is amended to
110.39 read:
110.40 Section 1. [REPEALER.]
110.41 Minnesota Statutes 1994, sections 1.17; 1.25; 1.331; 3.85,
110.42 subdivision 7; 4.02; 4.45; 6.26; 10.05; 10.38; 15.07; 15.09;
110.43 15.14; 15.15; 15.793; 15A.083, subdivisions 2 and 3; 15A.15;
110.44 17.14, subdivision 2; 17.351, subdivision 2; 17.47, subdivision
110.45 5; 17.53, subdivisions 4 and 11; 17.693, subdivisions 3 and 7;
110.46 17.81, subdivision 6; 17.981; 17A.03, subdivision 4; 18.46,
110.47 subdivision 14; 18.58; 18.77, subdivision 2; 18B.01, subdivision
111.1 16; 18B.065, subdivision 6; 18B.08, subdivision 5; 18C.105;
111.2 18C.531, subdivisions 6, 11, 19, 20, and 27; 19.50, subdivision
111.3 16; 19.64, subdivision 5; 21.72, subdivision 2; 21.81,
111.4 subdivision 18; 24.135, subdivisions 6 and 7; 24.165; 25.33,
111.5 subdivision 2; 25.44; 25.46; 27.01, subdivisions 1, 3, 6, and
111.6 and 9; 27.137, subdivisions 2, 3, 4, 6, and 8; 27.15; 29.21,
111.7 subdivision 2; 30.01, subdivision 2; 31.51, subdivisions 10 and
111.8 12; 31.782, subdivision 2; 31.92, subdivision 1a; 31A.02,
111.9 subdivision 3; 31A.30; 32.01, subdivisions 3 and 4; 32.077;
111.10 32.101; 32.201; 32.205; 32.207; 32.398, subdivision 2; 32.401,
111.11 subdivision 4; 32.411, subdivision 6; 32.471, subdivision 2;
111.12 32.485; 32.531, subdivisions 2, 3, and 4; 35.01, subdivision 4;
111.13 35.73, subdivision 3; 42.02, subdivision 2; 42.06, subdivision
111.14 4; 42.09, subdivision 3; 43A.082; 43A.27, subdivision 6;
111.15 43A.317, subdivision 11; 43A.47; 47.202; 62D.12, subdivision 12;
111.16 84.024; 84.083, subdivision 2; 87.01; 89.013; 89.014; 90.005,
111.17 subdivisions 1, 4, and 5; 115A.06, subdivision 4; 115A.08;
111.18 115A.09; 115A.14, subdivisions 1, 2, and 3; 115A.201; 115A.21;
111.19 115A.22; 115A.241; 115A.25; 115A.26; 115A.27; 115A.28,
111.20 subdivision 1; 115A.29; 115A.291; 115A.97, subdivision 4;
111.21 116J.974; 116J.981; 116J.986; 118.02; 118.08; 119.04,
111.22 subdivision 4; 124B.02; 124B.10; 124B.20, subdivisions 2 and 3;
111.23 136A.179; 137.03; 137.05; 137.06; 137.07; 137.08; 137.11;
111.24 137.14; 137.15; 137.33; 137.34, subdivision 2; 141.33; 141.34;
111.25 148B.34; 152.151; 161.041; 161.086; 166.01; 166.02; 166.03;
111.26 166.05; 166.06; 166.07; 166.08; 166.09; 166.10; 169.72,
111.27 subdivision 3; 175.001, subdivision 5; 175.002; 175.003;
111.28 175.004; 175.005; 175.006, subdivision 4; 175.34; 176.1011;
111.29 177.34; 186.01; 186.02; 186.03; 186.04; 186.05; 186.06; 186.07;
111.30 186.08; 190.10; 191.09; 193.145, subdivision 1; 196.06,
111.31 subdivision 2; 196.10; 196.11; 196.14; 196.15; 197.971; 197.972;
111.32 197.973; 197.974; 197.975; 197.976; 197.977; 197.978; 197.979;
111.33 197.98; 197.981; 197.982; 197.983; 197.984; 197.985; 197.986;
111.34 198.002, subdivision 4; 202A.17; 216C.19, subdivisions 10, 11,
111.35 and 12; 216C.21; 216C.22; 216C.23; 216C.24; 246.44; 246.45;
111.36 246.46; 251.011, subdivisions 1, 4, 4a, 7, and 8; 254.02;
112.1 256B.56; 256B.57; 256B.58; 256B.59; 256B.60; 256B.61; 256B.62;
112.2 256B.63; 256E.07, subdivision 1a; 256E.08, subdivision 9;
112.3 261.251; 275.064; 280.12; 280.13; 280.25; 280.26; 281.15;
112.4 281.26; 281.27; 295.01; 298.226; 298.244; 299D.01, subdivision
112.5 5; 299F.01, subdivision 3; 345.20, subdivision 6; 352B.265;
112.6 353.011; 367.411; 367.43; 373.013; 373.045; 374.03; 374.04;
112.7 374.06; 374.07; 374.22; 374.23; 375.24; 375.383; 375.435;
112.8 377.01; 377.03; 377.05; 383A.07, subdivisions 11, 21, 22, and
112.9 25; 383A.09; 383A.10; 383A.15; 383A.34; 383A.44; 383B.227;
112.10 383B.233; 383B.69; 383C.054; 383C.057; 383C.058; 383D.15;
112.11 383D.34; 383D.67; 386.375, subdivision 6; 388.19, subdivision 2;
112.12 390.26; 397.05; 397.06; 397.07; 397.08; 397.09; 397.10; 397.101;
112.13 397.102; 412.015, subdivision 1; 412.018, subdivision 2;
112.14 412.023, subdivision 4; 412.092; 441.01; 441.02; 441.03; 441.04;
112.15 441.05; 441.06; 441.07; 441.08; 441.09; 446A.10; 457.13;
112.16 458.1931; 458D.13; 465.681; 466.10; 466.12, subdivision 4;
112.17 471.74, subdivisions 1 and 3; 471.9975; 471.998; 471A.07;
112.18 473.204; 473.418; 473.608, subdivision 20; 473.855; 474.22;
112.19 475.75; 477A.011, subdivision 2; 477A.012, subdivisions 1, 3, 4,
112.20 7, and 8; 477A.013, subdivision 6; 477A.014, subdivision 1a;
112.21 487.12; 515B.1-110; 515B.1-111; 557.022; 611A.07, subdivision 2;
112.22 611A.23; 611A.42; 611A.44; 626.559, subdivision 4; 626.563, as
112.23 amended by Laws 1995, chapter 259, article 3, section 22;
112.24 626.855; and 641.111; Minnesota Statutes 1995 Supplement,
112.25 sections 17A.091, subdivision 2; 115A.14, subdivision 4;
112.26 124B.01; 124B.03; 124B.20, subdivision 1; 135A.10, subdivision
112.27 1; 136A.043; 471.74, subdivision 2; 474.191; 477A.012,
112.28 subdivision 2, are repealed.
112.29 ARTICLE 2
112.30 ABOLISHED REPORTS
112.31 PART A
112.32 Section 1. [IMPLEMENTING LAWS 1995, CHAPTER 248, ARTICLE
112.33 1.]
112.34 Subdivision 1. [INTENT.] This article implements Laws
112.35 1995, chapter 248, article 1, by
112.36 (1) conforming Minnesota Statutes, beginning in section 2,
113.1 to reflect the abolition of certain reporting requirements;
113.2 (2) listing, in subdivision 2, statutory citations to
113.3 reporting requirements retained by notification to the revisor
113.4 from committee chairs;
113.5 (3) listing, in subdivision 3, statutory citations to
113.6 reporting requirements which were, in 1995 or 1996, repealed,
113.7 stricken, or amended in a way suggesting continuation;
113.8 (4) listing, in subdivision 4, the status of all sections
113.9 in the original report not otherwise accounted for; and
113.10 (5) drafting conforming amendments in part B to account for
113.11 repeals listed in section 67.
113.12 Subd. 2. [REPORTS RETAINED BY COMMITTEE CHAIRS.] The
113.13 reporting requirements in these statutes were retained by
113.14 notification to the revisor from committee chairs: 3.30,
113.15 subdivision 2; 3.885, subdivision 5; 10.48; 69.051, subdivision
113.16 4; 84.154, subdivisions 4 and 5; 84B.11, subdivision 2; 115A.38,
113.17 subdivision 3; 116P.05, subdivision 2; 116P.06, subdivision 2;
113.18 121.81; 134.22; 135A.20; 240.18, subdivision 2; 270.74;
113.19 462A.207, subdivision 8; 473.123, subdivision 3; and 473.303.
113.20 Subd. 3. [REPORTS REPEALED, STRICKEN, OR RETAINED BY
113.21 AMENDMENT.] (a) Reporting requirements in these statutes
113.22 requiring periodic reports were repealed or stricken by
113.23 amendment in 1995 or 1996: 3.846; 3.861; 3.863; 3.885,
113.24 subdivision 1a; 3.9227; 14.115; 14.12; 14.32; 62N.34; 85.019;
113.25 103B.255, subdivision 9; 115A.165; 115A.551, subdivision 4
113.26 (report from metropolitan council); 116C.69, subdivision 3;
113.27 121.703, subdivision 3; 121.710, subdivision 2; 121.931,
113.28 subdivisions 3 and 4; 125.05, subdivision 7; 126.019,
113.29 subdivision 2; 126B.02; 135A.09; 136.142; 136.41; 136.507;
113.30 136A.02, subdivision 6; 136A.04, subdivision 1; 136A.041;
113.31 136A.42; 136A.86, subdivision 2; 136E.04, subdivision 3; 137.38,
113.32 subdivision 5; 144.874; 144.878; 144A.31, subdivision 5;
113.33 148C.035, subdivision 2; 168.33, subdivision 5; 245.494,
113.34 subdivision 2; 245.98, subdivision 3; 256.734, subdivision 3;
113.35 256B.0925, subdivision 3; and 393.07, subdivision 10 (note).
113.36 (b) Reporting requirements in these statutes were amended
114.1 in 1995 or 1996 in a way that did not indicate a clear intent to
114.2 abolish the reporting requirement: 13.06, subdivision 7; 14.08;
114.3 16B.75 (the report in article IX was mistakenly indicated as
114.4 being in article IV in the initial report); 144.05; 256C.28,
114.5 subdivisions 3, now 3a; and 6; and 299C.065, subdivisions 3 and
114.6 3a.
114.7 Subd. 4. [OTHER.] (a) The reporting requirement in section
114.8 115A.9157 is not imposed on a state agency and was mistakenly
114.9 included in "Required Periodic Reports to the Legislature."
114.10 (b) There are no explicit words requiring a report to the
114.11 legislature in sections 241.45, subdivision 2, and 360.015,
114.12 subdivision 8.
114.13 (c) Laws 1995, chapter 248, article 1, mistakenly refers to
114.14 section 17.114, subdivision 15, which should be section 17.117,
114.15 subdivision 15; section 469.055, subdivision 1, which should be
114.16 subdivision 2; and section 462A.207, subdivision 6, which should
114.17 be subdivision 8.
114.18 (d) No separate report is required by section 214.07,
114.19 subdivision 1a.
114.20 (e) A report required by section 10A.035, was required to
114.21 be saved by Laws 1995, chapter 248, article 1. There is no
114.22 section 10A.035. It is assumed that section 10A.335 was the
114.23 intended reference so the report in section 10A.335 is not
114.24 abolished.
114.25 (f) The following sections containing abolished reporting
114.26 requirements were renumbered: (1) 256H.195 to 119B.17, (2)
114.27 257.803 to 119A.13, and (3) 299A.30 to 119A.26.
114.28 Sec. 2. Minnesota Statutes 1996, section 3.873,
114.29 subdivision 5, is amended to read:
114.30 Subd. 5. [INFORMATION COLLECTION; INTERGOVERNMENTAL
114.31 COORDINATION.] (a) The commission may conduct public hearings
114.32 and otherwise collect data and information necessary to its
114.33 purposes.
114.34 (b) The commission may request information or assistance
114.35 from any state agency or officer to assist the commission in
114.36 performing its duties. The agency or officer shall promptly
115.1 furnish any information or assistance requested.
115.2 (c) The secretary of the senate and the chief clerk of the
115.3 house shall provide the commission with a copy of each bill
115.4 introduced in the legislature concerning children, youth, and
115.5 their families.
115.6 (d) Before implementing new or substantially revised
115.7 programs relating to the subjects being studied by the
115.8 commission under subdivision 7, the commissioner responsible for
115.9 the program shall prepare an implementation plan for the program
115.10 and shall submit the plan to the commission for review and
115.11 comment. The commission may advise and make recommendations to
115.12 the commissioner on the implementation of the program and may
115.13 request the changes or additions in the plan it deems
115.14 appropriate.
115.15 (e) By July 1, 1991, the responsible state agency
115.16 commissioners, including the commissioners of education, health,
115.17 human services, economic security, and corrections, shall
115.18 prepare data for presentation to the commission on the state
115.19 programs to be examined by the commission under subdivision 7,
115.20 paragraph (a).
115.21 (f) To facilitate coordination between executive and
115.22 legislative authorities, the commission shall meet with the
115.23 children's cabinet.
115.24 Sec. 3. Minnesota Statutes 1996, section 3.873,
115.25 subdivision 7, is amended to read:
115.26 Subd. 7. [PRIORITIES.] The commission shall give priority
115.27 to studying and reporting to the legislature on the matters
115.28 described in this subdivision. To the extent possible, the
115.29 commission shall consult with knowledgeable individuals in
115.30 communities throughout the state when developing recommendations
115.31 or preparing reports on these matters.
115.32 (a) The commission must study and report on methods of
115.33 improving legislative consideration of children and family
115.34 issues and coordinating state agency programs relating to
115.35 children and families, including the desirability, feasibility,
115.36 and effects of creating a new state department of children's
116.1 services, or children and family services, in which would be
116.2 consolidated the responsibility for administering state programs
116.3 relating to children and families.
116.4 (b) The commission must study and report on methods of
116.5 consolidating or coordinating local health, correctional,
116.6 educational, job, and human services, to improve the efficiency
116.7 and effectiveness of services to children and families and to
116.8 eliminate duplicative and overlapping services. The commission
116.9 shall evaluate and make recommendations on programs and projects
116.10 in this and other states that encourage or require local
116.11 jurisdictions to consolidate the delivery of services in schools
116.12 or other community centers to reduce the cost and improve the
116.13 coverage and accessibility of services. The commission must
116.14 study and recommend specific effectiveness measures to
116.15 accurately determine the efficacy of programs and services
116.16 provided to children and their families. The commission must
116.17 consider and recommend how to transform fragmented,
116.18 crisis-oriented delivery systems focused on remediation services
116.19 into flexible, comprehensive, well-coordinated, and
116.20 family-oriented delivery systems focused on prevention
116.21 services. The commission must review and evaluate what impact
116.22 the classification of data has on service providers' ability to
116.23 anticipate and meet the full range of families' needs. The
116.24 commission must report on any laws, rules, or procedures that
116.25 interfere with the effective delivery of community-based
116.26 services to children and families.
116.27 (c) The commission must study and report on methods of
116.28 improving and coordinating educational, social, and health care
116.29 services that assist children and families during the early
116.30 childhood years. The commission's study must include an
116.31 evaluation of the following: early childhood health and
116.32 development screening services, headstart, child care, early
116.33 childhood family education, and parents' involvement in programs
116.34 meeting the social, cognitive, physical, and emotional needs of
116.35 children.
116.36 (d) The commission must study and report on methods of
117.1 improving and coordinating the practices of judicial,
117.2 correctional, and social service agencies in placing juvenile
117.3 offenders and children who are in need of protective services or
117.4 treatment.
117.5 (e) The commission must study and recommend constructive
117.6 changes in preventive, community-based programs that encourage
117.7 children and youth to responsibly serve their community.
117.8 (f) The legislative commission on children, youth, and
117.9 their families and the children's cabinet must study and make
117.10 joint recommendations regarding a state-level governance
117.11 structure to deliver funding and coordinate policy for children
117.12 and their families. These recommendations may include
117.13 structural changes to minimize barriers to and actively promote
117.14 collaborating and integrating services for children and families
117.15 in the community. The commission and cabinet must jointly
117.16 evaluate the need for a new cabinet-level agency for children.
117.17 The commission and cabinet shall report their findings and
117.18 recommendations to the legislature by January 15, 1994.
117.19 Sec. 4. Minnesota Statutes 1996, section 9.041,
117.20 subdivision 2, is amended to read:
117.21 Subd. 2. [LEGISLATIVE ACTION; SMALL CLAIMS.] The executive
117.22 council shall refer its findings and conclusions to the
117.23 legislature for confirmation and No adjustment or settlement of
117.24 any claim by the executive council is final until ratified by
117.25 the legislature. The executive council may make final
117.26 settlement and adjustment of individual claims of settlers or
117.27 Indian allottees, where the land in question does not exceed 100
117.28 acres.
117.29 Sec. 5. Minnesota Statutes 1996, section 16A.276, is
117.30 amended to read:
117.31 16A.276 [CASH OVERAGE AND SHORTAGE ACCOUNT.]
117.32 The commissioner may keep accounts to record daily the
117.33 difference between actual and recorded cash receipts including
117.34 losses from forged and uncollectible checks. At the end of the
117.35 fiscal year, the commissioner shall clear the accounts by
117.36 transferring the balances to the general fund and paying the
118.1 deficits from operating accounts of the agencies charged with
118.2 the deficit and shall report an adjustment to the legislative
118.3 audit commission.
118.4 Sec. 6. Minnesota Statutes 1996, section 17.138,
118.5 subdivision 2, is amended to read:
118.6 Subd. 2. [COORDINATION OF RESEARCH.] The commissioner
118.7 shall coordinate manure management research and monitoring and
118.8 make recommendations on manure management research and
118.9 monitoring funding priorities to the legislature and other
118.10 funding bodies other than the legislature.
118.11 Sec. 7. Minnesota Statutes 1996, section 45.027,
118.12 subdivision 1, is amended to read:
118.13 Subdivision 1. [GENERAL POWERS.] In connection with the
118.14 duties and responsibilities entrusted to the commissioner, and
118.15 Laws 1993, chapter 361, section 2, the commissioner of commerce
118.16 may:
118.17 (1) make public or private investigations within or without
118.18 this state as the commissioner considers necessary to determine
118.19 whether any person has violated or is about to violate any law,
118.20 rule, or order related to the duties and responsibilities
118.21 entrusted to the commissioner;
118.22 (2) require or permit any person to file a statement in
118.23 writing, under oath or otherwise as the commissioner determines,
118.24 as to all the facts and circumstances concerning the matter
118.25 being investigated;
118.26 (3) hold hearings, upon reasonable notice, in respect to
118.27 any matter arising out of the duties and responsibilities
118.28 entrusted to the commissioner;
118.29 (4) conduct investigations and hold hearings for the
118.30 purpose of compiling information with a view to recommending
118.31 changes to the legislature in the laws related to the duties and
118.32 responsibilities entrusted to the commissioner;
118.33 (5) examine the books, accounts, records, and files of
118.34 every licensee, and of every person who is engaged in any
118.35 activity regulated; the commissioner or a designated
118.36 representative shall have free access during normal business
119.1 hours to the offices and places of business of the person, and
119.2 to all books, accounts, papers, records, files, safes, and
119.3 vaults maintained in the place of business;
119.4 (6) publish information which is contained in any order
119.5 issued by the commissioner; and
119.6 (7) require any person subject to duties and
119.7 responsibilities entrusted to the commissioner, to report all
119.8 sales or transactions that are regulated. The reports must be
119.9 made within ten days after the commissioner has ordered the
119.10 report. The report is accessible only to the respondent and
119.11 other governmental agencies unless otherwise ordered by a court
119.12 of competent jurisdiction.
119.13 Sec. 8. Minnesota Statutes 1996, section 119A.13,
119.14 subdivision 3, is amended to read:
119.15 Subd. 3. [PLAN FOR DISBURSEMENT OF FUNDS.] By June 1,
119.16 1987, the commissioner, assisted by the advisory council, shall
119.17 develop a plan to disburse money from the trust fund. In
119.18 developing the plan, the commissioner shall review prevention
119.19 programs. The plan must ensure that all geographic areas of the
119.20 state have an equal opportunity to establish prevention programs
119.21 and receive trust fund money. Biennially thereafter the
119.22 commissioner shall send the plan to the legislature and the
119.23 governor by January 1 of each odd-numbered year.
119.24 Sec. 9. Minnesota Statutes 1996, section 119A.13,
119.25 subdivision 4, is amended to read:
119.26 Subd. 4. [RESPONSIBILITIES OF THE COMMISSIONER.] (a) The
119.27 commissioner shall:
119.28 (1) provide for the coordination and exchange of
119.29 information on the establishment and maintenance of prevention
119.30 programs;
119.31 (2) develop and publish criteria for receiving trust fund
119.32 money by prevention programs;
119.33 (3) review, approve, and monitor the spending of trust fund
119.34 money by prevention programs;
119.35 (4) provide statewide educational and public informational
119.36 seminars to develop public awareness on preventing child abuse;
120.1 to encourage professional persons and groups to recognize
120.2 instances of child abuse and work to prevent them; to make
120.3 information on child abuse prevention available to the public
120.4 and to organizations and agencies; and to encourage the
120.5 development of prevention programs;
120.6 (5) establish a procedure for an annual, internal
120.7 evaluation of the functions, responsibilities, and performance
120.8 of the commissioner in carrying out Laws 1986, chapter 423. In
120.9 a year in which the state plan is prepared, the evaluation must
120.10 be coordinated with the preparation of the state plan;
120.11 (6) provide technical assistance to local councils and
120.12 agencies working in the area of child abuse prevention; and
120.13 (7) accept and review grant applications beginning June 1,
120.14 1987.
120.15 (b) The commissioner shall recommend to the governor and
120.16 the legislature changes in state programs, statutes, policies,
120.17 budgets, and standards that will reduce the problems of child
120.18 abuse, improve coordination among state agencies that provide
120.19 prevention services, and improve the condition of children,
120.20 parents, or guardians in need of prevention program services.
120.21 Sec. 10. Minnesota Statutes 1996, section 119A.26,
120.22 subdivision 2, is amended to read:
120.23 Subd. 2. [DUTIES.] (a) The assistant commissioner shall:
120.24 (1) gather, develop, and make available throughout the
120.25 state information and educational materials on preventing and
120.26 reducing violence in the family and in the community, both
120.27 directly and by serving as a clearinghouse for information and
120.28 educational materials from schools, state and local agencies,
120.29 community service providers, and local organizations;
120.30 (2) foster collaboration among schools, state and local
120.31 agencies, community service providers, and local organizations
120.32 that assist in violence intervention or prevention;
120.33 (3) assist schools, state and local agencies, service
120.34 providers, and organizations, on request, with training and
120.35 other programs designed to educate individuals about violence
120.36 and reinforce values that contribute to ending violence;
121.1 (4) after consulting with all state agencies involved in
121.2 preventing or reducing violence within the family or community,
121.3 develop a statewide strategy for preventing and reducing
121.4 violence that encompasses the efforts of those agencies and
121.5 takes into account all money available for preventing or
121.6 reducing violence from any source;
121.7 (5) submit the strategy to the governor and the legislature
121.8 by January 15 of each calendar year, along with a summary of
121.9 activities occurring during the previous year to prevent or
121.10 reduce violence experienced by children, young people, and their
121.11 families; and
121.12 (6) assist appropriate professional and occupational
121.13 organizations, including organizations of law enforcement
121.14 officers, prosecutors, and educators, in developing and
121.15 operating informational and training programs to improve the
121.16 effectiveness of activities to prevent or reduce violence within
121.17 the family or community.
121.18 (b) The assistant commissioner shall gather and make
121.19 available information on prevention and supply reduction
121.20 activities throughout the state, foster cooperation among
121.21 involved state and local agencies, and assist agencies and
121.22 public officials in training and other programs designed to
121.23 improve the effectiveness of prevention and supply reduction
121.24 activities.
121.25 (c) The assistant commissioner shall coordinate the
121.26 distribution of funds received by the state of Minnesota through
121.27 the federal Anti-Drug Abuse Act. The assistant commissioner
121.28 shall recommend to the commissioner recipients of grants under
121.29 sections 119A.30 and 299A.33, after consultation with the
121.30 chemical abuse prevention resource council.
121.31 (d) The assistant commissioner shall:
121.32 (1) after consultation with all state agencies involved in
121.33 prevention or supply reduction activities, develop a state
121.34 chemical abuse and dependency strategy encompassing the efforts
121.35 of those agencies and taking into account all money available
121.36 for prevention and supply reduction activities, from any source;
122.1 (2) submit the strategy to the governor and the legislature
122.2 by January 15 of each year, along with a summary of prevention
122.3 and supply reduction activities during the preceding calendar
122.4 year;
122.5 (3) assist appropriate professional and occupational
122.6 organizations, including organizations of law enforcement
122.7 officers, prosecutors, and educators, in developing and
122.8 operating informational and training programs to improve the
122.9 effectiveness of prevention and supply reduction activities;
122.10 (4) provide information, including information on drug
122.11 trends, and assistance to state and local agencies, both
122.12 directly and by functioning as a clearinghouse for information
122.13 from other agencies;
122.14 (5) facilitate cooperation among drug program agencies; and
122.15 (6) in coordination with the chemical abuse prevention
122.16 resource council, review, approve, and coordinate the
122.17 administration of prevention, criminal justice, and treatment
122.18 grants.
122.19 Sec. 11. Minnesota Statutes 1996, section 119B.17,
122.20 subdivision 3, is amended to read:
122.21 Subd. 3. [DUTIES AND POWERS.] The council has the
122.22 following duties and powers:
122.23 (1) develop a biennial plan for early childhood care and
122.24 education in the state;
122.25 (2) take a leadership role in developing its
122.26 recommendations in conjunction with the recommendations of other
122.27 state agencies on the state budget for early childhood care and
122.28 education;
122.29 (3) apply for and receive state money and public and
122.30 private grant money;
122.31 (4) participate in and facilitate the development of
122.32 interagency agreements on early childhood care and education
122.33 issues;
122.34 (5) review state agency policies on early childhood care
122.35 and education issues so that they do not conflict;
122.36 (6) advocate for an effective and coordinated early
123.1 childhood care and education system with state agencies and
123.2 programs;
123.3 (7) study the need for child care funding for special
123.4 populations whose needs are not being met by current programs;
123.5 (8) ensure that the early childhood care and education
123.6 system reflects community diversity; and
123.7 (9) be responsible for advocating policies and funding for
123.8 early childhood care and education; and
123.9 (10) provide a report to the legislature on January 1 of
123.10 every odd-numbered year, containing a description of the
123.11 activities and the work plan of the council and any legislative
123.12 recommendations developed by the council.
123.13 Sec. 12. Minnesota Statutes 1996, section 124A.711,
123.14 subdivision 2, is amended to read:
123.15 Subd. 2. [DETERMINATION OF AID.] The total amount of
123.16 support services aid shall be determined according to indices
123.17 for each service recommended by the commissioner of children,
123.18 families, and learning after consultations with appropriate
123.19 state agencies, educators, and other interested persons. The
123.20 commissioner shall recommend indices and aid amounts to the
123.21 legislature by February 1 of each odd-numbered year. The
123.22 indices shall reflect the need for each service based on the
123.23 economic, geographic, demographic, and other appropriate
123.24 characteristics of each district.
123.25 Sec. 13. Minnesota Statutes 1996, section 144.056, is
123.26 amended to read:
123.27 144.056 [PLAIN LANGUAGE IN WRITTEN MATERIALS.]
123.28 (a) To the extent reasonable and consistent with the goals
123.29 of providing easily understandable and readable materials and
123.30 complying with federal and state laws governing the program, all
123.31 written materials relating to determinations of eligibility for
123.32 or amounts of benefits that will be given to applicants for or
123.33 recipients of assistance under a program administered or
123.34 supervised by the commissioner of health must be understandable
123.35 to a person who reads at the seventh-grade level, using the
123.36 Flesch scale analysis readability score as determined under
124.1 section 72C.09.
124.2 (b) All written materials relating to services and
124.3 determinations of eligibility for or amounts of benefits that
124.4 will be given to applicants for or recipients of assistance
124.5 under programs administered or supervised by the commissioner of
124.6 health must be developed to satisfy the plain language
124.7 requirements of the plain language contract act under sections
124.8 325G.29 to 325G.36. Materials may be submitted to the attorney
124.9 general for review and certification. Notwithstanding section
124.10 325G.35, subdivision 1, the attorney general shall review
124.11 submitted materials to determine whether they comply with the
124.12 requirements of section 325G.31. The remedies available
124.13 pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to
124.14 these materials. Failure to comply with this section does not
124.15 provide a basis for suspending the implementation or operation
124.16 of other laws governing programs administered by the
124.17 commissioner.
124.18 (c) The requirements of this section apply to all materials
124.19 modified or developed by the commissioner on or after July 1,
124.20 1988. The requirements of this section do not apply to
124.21 materials that must be submitted to a federal agency for
124.22 approval to the extent that application of the requirements
124.23 prevents federal approval.
124.24 (d) Nothing in this section may be construed to prohibit a
124.25 lawsuit brought to require the commissioner to comply with this
124.26 section or to affect individual appeal rights under the special
124.27 supplemental food program for women, infants, and children
124.28 granted pursuant to federal regulations under the Code of
124.29 Federal Regulations, chapter 7, section 246.
124.30 (e) The commissioner shall report annually to the chairs of
124.31 the health and human services divisions of the senate finance
124.32 committee and the house of representatives appropriations
124.33 committee on the number and outcome of cases that raise the
124.34 issue of the commissioner's compliance with this section.
124.35 Sec. 14. Minnesota Statutes 1996, section 144.062, is
124.36 amended to read:
125.1 144.062 [VACCINE COST REDUCTION PROGRAM.]
125.2 The commissioner of administration, after consulting with
125.3 the commissioner of health, shall negotiate discounts or rebates
125.4 on vaccine or may purchase vaccine at reduced prices. Vaccines
125.5 may be offered for sale to medical care providers at the
125.6 department's cost plus a fee for administrative costs. As a
125.7 condition of receiving the vaccine at reduced cost, a medical
125.8 care provider must agree to pass on the savings to patients.
125.9 The commissioner of health may transfer money appropriated for
125.10 other department of health programs to the commissioner of
125.11 administration for the initial cost of purchasing vaccine,
125.12 provided the money is repaid by the end of each state fiscal
125.13 year and the commissioner of finance approves the transfer.
125.14 Proceeds from the sale of vaccines to medical care providers,
125.15 including fees collected for administrative costs, are
125.16 appropriated to the commissioner of administration. If the
125.17 commissioner of administration, in consultation with the
125.18 commissioner of health, determines that a vaccine cost reduction
125.19 program is not economically feasible or cost-effective, the
125.20 commissioner may elect not to implement the program but shall
125.21 provide a report to the legislature that explains the reasons
125.22 for the decision.
125.23 Sec. 15. Minnesota Statutes 1996, section 144.092, is
125.24 amended to read:
125.25 144.092 [COORDINATED NUTRITION DATA COLLECTION.]
125.26 The commissioner of health may develop and coordinate a
125.27 reporting system to improve the state's ability to document
125.28 inadequate nutrient and food intake of Minnesota's children and
125.29 adults and to identify problems and determine the most
125.30 appropriate strategies for improving inadequate nutritional
125.31 status. The board on aging may develop a method to evaluate the
125.32 nutritional status and requirements of the elderly in
125.33 Minnesota. The commissioner of health and the board on aging
125.34 may report to the legislature on each July 1, beginning in 1988,
125.35 on the results of their investigation and their recommendations
125.36 on the nutritional needs of Minnesotans.
126.1 Sec. 16. Minnesota Statutes 1996, section 144A.33,
126.2 subdivision 5, is amended to read:
126.3 Subd. 5. [REPORT; EVALUATION.] Each year the Minnesota
126.4 board on aging shall evaluate the programs and funding sources
126.5 established under this section and report to the legislature by
126.6 February 1 of each year concerning the programs established and
126.7 the effectiveness of the programs.
126.8 Sec. 17. Minnesota Statutes 1996, section 144A.53,
126.9 subdivision 1, is amended to read:
126.10 Subdivision 1. [POWERS.] The director may:
126.11 (a) Promulgate by rule, pursuant to chapter 14, and within
126.12 the limits set forth in subdivision 2, the methods by which
126.13 complaints against health facilities, health care providers,
126.14 home care providers, or residential care homes, or
126.15 administrative agencies are to be made, reviewed, investigated,
126.16 and acted upon; provided, however, that a fee may not be charged
126.17 for filing a complaint.
126.18 (b) Recommend legislation and changes in rules to the state
126.19 commissioner of health, legislature, governor, administrative
126.20 agencies or the federal government.
126.21 (c) Investigate, upon a complaint or upon initiative of the
126.22 director, any action or failure to act by a health care
126.23 provider, home care provider, residential care home, or a health
126.24 facility.
126.25 (d) Request and receive access to relevant information,
126.26 records, incident reports, or documents in the possession of an
126.27 administrative agency, a health care provider, a home care
126.28 provider, a residential care home, or a health facility, and
126.29 issue investigative subpoenas to individuals and facilities for
126.30 oral information and written information, including privileged
126.31 information which the director deems necessary for the discharge
126.32 of responsibilities. For purposes of investigation and securing
126.33 information to determine violations, the director need not
126.34 present a release, waiver, or consent of an individual. The
126.35 identities of patients or residents must be kept private as
126.36 defined by section 13.02, subdivision 12.
127.1 (e) Enter and inspect, at any time, a health facility or
127.2 residential care home and be permitted to interview staff;
127.3 provided that the director shall not unduly interfere with or
127.4 disturb the provision of care and services within the facility
127.5 or home or the activities of a patient or resident unless the
127.6 patient or resident consents.
127.7 (f) Issue correction orders and assess civil fines pursuant
127.8 to section 144.653 or any other law which provides for the
127.9 issuance of correction orders to health facilities or home care
127.10 provider, or under section 144A.45. A facility's or home's
127.11 refusal to cooperate in providing lawfully requested information
127.12 may also be grounds for a correction order.
127.13 (g) Recommend the certification or decertification of
127.14 health facilities pursuant to Title XVIII or XIX of the United
127.15 States Social Security Act.
127.16 (h) Assist patients or residents of health facilities or
127.17 residential care homes in the enforcement of their rights under
127.18 Minnesota law.
127.19 (i) Work with administrative agencies, health facilities,
127.20 home care providers, residential care homes, and health care
127.21 providers and organizations representing consumers on programs
127.22 designed to provide information about health facilities to the
127.23 public and to health facility residents.
127.24 Sec. 18. Minnesota Statutes 1996, section 144A.54,
127.25 subdivision 1, is amended to read:
127.26 Subdivision 1. [DIRECTOR; DUTIES.] Except as otherwise
127.27 provided by this section, the director may determine the form,
127.28 frequency, and distribution of the conclusions and
127.29 recommendations. The director shall transmit the conclusions
127.30 and recommendations to the state commissioner of health and the
127.31 legislature. Before announcing a conclusion or recommendation
127.32 that expressly or by implication criticizes an administrative
127.33 agency, a health care provider, a home care provider, a
127.34 residential care home, or a health facility, the director shall
127.35 consult with that agency, health care provider, home care
127.36 provider, home, or facility. When publishing an opinion adverse
128.1 to an administrative agency, a health care provider, a home care
128.2 provider, a residential care home, or a health facility, the
128.3 director shall include in the publication any statement of
128.4 reasonable length made to the director by that agency, health
128.5 care provider, home care provider, residential care home, or
128.6 health facility in defense or explanation of the action.
128.7 Sec. 19. Minnesota Statutes 1996, section 144A.54,
128.8 subdivision 2, is amended to read:
128.9 Subd. 2. [ANNUAL REPORT.] In addition to whatever other
128.10 reports the director may make, the director shall, at the end of
128.11 each year, report to the state commissioner of health and the
128.12 legislature concerning the exercise of the director's functions
128.13 during the preceding year. The state commissioner of health
128.14 may, at any time, request and receive information, other than
128.15 resident records, from the director.
128.16 Sec. 20. Minnesota Statutes 1996, section 145.894, is
128.17 amended to read:
128.18 145.894 [STATE COMMISSIONER OF HEALTH; DUTIES,
128.19 RESPONSIBILITIES.]
128.20 The commissioner of health shall:
128.21 (a) develop a comprehensive state plan for the delivery of
128.22 nutritional supplements to pregnant and lactating women,
128.23 infants, and children;
128.24 (b) contract with existing local public or private
128.25 nonprofit organizations for the administration of the
128.26 nutritional supplement program;
128.27 (c) develop and implement a public education program
128.28 promoting the provisions of sections 145.891 to 145.897, and
128.29 provide for the delivery of individual and family nutrition
128.30 education and counseling at project sites. The education
128.31 programs must include a campaign to promote breast feeding;
128.32 (d) develop in cooperation with other agencies and vendors
128.33 a uniform state voucher system for the delivery of nutritional
128.34 supplements;
128.35 (e) authorize local health agencies to issue vouchers
128.36 bimonthly to some or all eligible individuals served by the
129.1 agency, provided the agency demonstrates that the federal
129.2 minimum requirements for providing nutrition education will
129.3 continue to be met and that the quality of nutrition education
129.4 and health services provided by the agency will not be adversely
129.5 impacted;
129.6 (f) investigate and implement a system to reduce the cost
129.7 of nutritional supplements and maintain ongoing negotiations
129.8 with nonparticipating manufacturers and suppliers to maximize
129.9 cost savings;
129.10 (g) develop, analyze, and evaluate the health aspects of
129.11 the nutritional supplement program and establish nutritional
129.12 guidelines for the program;
129.13 (h) apply for, administer, and annually expend at least 99
129.14 percent of available federal or private funds;
129.15 (i) aggressively market services to eligible individuals by
129.16 conducting ongoing outreach activities and by coordinating with
129.17 and providing marketing materials and technical assistance to
129.18 local human services and community service agencies and
129.19 nonprofit service providers;
129.20 (j) determine, on July 1 of each year, the number of
129.21 pregnant women participating in each special supplemental food
129.22 program for women, infants, and children (W.I.C.) and, in 1986,
129.23 1987, and 1988, at the commissioner's discretion, designate a
129.24 different food program deliverer if the current deliverer fails
129.25 to increase the participation of pregnant women in the program
129.26 by at least ten percent over the previous year's participation
129.27 rate;
129.28 (k) promulgate all rules necessary to carry out the
129.29 provisions of sections 145.891 to 145.897; and
129.30 (l) report to the legislature by November 15 of every year
129.31 on the expenditures and activities under sections 145.891 to
129.32 145.897 of the state and local health agencies for the preceding
129.33 fiscal year; and
129.34 (m) ensure that any state appropriation to supplement the
129.35 federal program is spent consistent with federal requirements.
129.36 Sec. 21. Minnesota Statutes 1996, section 152.02,
130.1 subdivision 13, is amended to read:
130.2 Subd. 13. Annually, the state board of pharmacy shall
130.3 study the implementation of this chapter in relation to the
130.4 problems of drug abuse in Minnesota and shall report to the
130.5 legislature annually on or before December 1, their
130.6 recommendations concerning amendments to this chapter.
130.7 Sec. 22. Minnesota Statutes 1996, section 152.21,
130.8 subdivision 3, is amended to read:
130.9 Subd. 3. [RESEARCH GRANT.] The commissioner of health
130.10 shall grant funds to the principal investigator selected by the
130.11 commissioner pursuant to subdivision 4 for the purpose of
130.12 conducting a research program under a protocol approved by the
130.13 FDA regarding the therapeutic use of oral THC and other dosage
130.14 forms, if available, according to the guidelines and
130.15 requirements of the federal food and drug administration, the
130.16 drug enforcement administration and the national institute on
130.17 drug abuse. The commissioner shall ensure that the research
130.18 principal investigator complies with the requirements of
130.19 subdivision 5. The commissioner may designate the principal
130.20 investigator as the sponsor.
130.21 The commissioner shall report to the legislature on January
130.22 1 of each odd-numbered year on the number of oncologists and
130.23 patients involved in the program and the results available at
130.24 that date regarding the effects of therapeutic use of THC on
130.25 patients involved in the program. The commissioner shall also
130.26 report on the current status of THC under the federal Food, Drug
130.27 and Cosmetic Act and the federal Controlled Substances Act.
130.28 Sec. 23. Minnesota Statutes 1996, section 161.10, is
130.29 amended to read:
130.30 161.10 [INVESTIGATIONS, RECOMMENDATIONS, REPORTS.]
130.31 When practicable the commissioner shall investigate and
130.32 determine the location of road material in the state, ascertain
130.33 the most approved methods of construction and improvement of
130.34 roads, investigate the most approved laws in relation to roads
130.35 in other states and hold public meetings throughout the state
130.36 when deemed advisable. On or before November 15 on each
131.1 even-numbered year the commissioner shall make a printed report
131.2 to the governor and the legislature stating the condition,
131.3 management, and financial transactions of the transportation
131.4 department, including a statement of the expense incurred in
131.5 maintaining such department; the number of miles of roads built
131.6 or improved during the preceding two fiscal years and their
131.7 cost; the general character and location of material suitable
131.8 for road construction; the general character and needs of the
131.9 roads of the state; the name, location, size, and description of
131.10 each state trail, state water access site, and state rest area
131.11 established by the commissioner since the last report; and
131.12 recommend such legislation as the commissioner deems advisable.
131.13 The report shall be transmitted by the governor to the
131.14 legislature.
131.15 Sec. 24. Minnesota Statutes 1996, section 161.1419,
131.16 subdivision 7, is amended to read:
131.17 Subd. 7. [REPORT TO LEGISLATURE PROGRAM REVIEW.] The
131.18 commission may review the programs of the various interstate
131.19 compacts, studies, planning groups and commissions involved in
131.20 water and land use activities along the Mississippi river in
131.21 Minnesota and report to the legislature biennially any
131.22 duplication of programs and funding as well as its
131.23 recommendations for new legislation.
131.24 Sec. 25. Minnesota Statutes 1996, section 192.551, is
131.25 amended to read:
131.26 192.551 [ARMY REGULATIONS TO APPLY.]
131.27 All money and property received from any source for the
131.28 military forces shall be kept, disbursed, and accounted for as
131.29 prescribed by army regulations, where applicable, otherwise as
131.30 prescribed by state rules. All such accounts shall be examined
131.31 and audited at least once annually by officers of the military
131.32 forces detailed by the adjutant general as military auditors.
131.33 The adjutant general shall file a copy of the report of every
131.34 such examination with the legislative auditor. This shall not
131.35 preclude other examinations of such accounts by the legislative
131.36 auditor as authorized by law. The legislative auditor may
132.1 appoint any military auditor as an assistant examiner, with all
132.2 the powers incident thereto, in connection with the examination
132.3 of such accounts. The provisions of the state civil service act
132.4 shall not be applicable to such appointments.
132.5 Sec. 26. Minnesota Statutes 1996, section 197.133, is
132.6 amended to read:
132.7 197.133 [DISPOSAL OF PROPERTY AND EXPIRATION OF THE BOARD
132.8 OF GOVERNORS.]
132.9 If a majority of the board determines that the disposal of
132.10 the camp or a portion of the camp is in the best interests of
132.11 Minnesota veterans, or if the camp is not used solely as a camp
132.12 for and by disabled and other veterans and their families and
132.13 operated and maintained in compliance with all state, federal,
132.14 and local laws, the board may dispose of the property at market
132.15 value as provided in this section. Before disposing of the
132.16 property, the board shall give notice by certified mail to the
132.17 commissioner of veterans affairs of its decision to dispose of
132.18 the property. The commissioner shall publish the notice in the
132.19 State Register. Interested governmental agencies have until the
132.20 end of the next legislative session after the notice to
132.21 appropriate money to purchase the property.
132.22 Proceeds realized from the disposal of the property and any
132.23 assets on hand at the time of the disposal of the property, must
132.24 be placed in an irrevocable trust to be used for the initiation
132.25 or maintenance of veterans programs in the state of Minnesota.
132.26 Trustees must be appointed in the same manner as provided for
132.27 under section 197.131. The trustees shall consult with the
132.28 commissioner of veterans affairs to determine the needs of
132.29 Minnesota veterans and provide the commissioner and the
132.30 committee on general legislation and veterans affairs of the
132.31 house of representatives and the committee on veterans and
132.32 general legislation in the senate with an annual written report
132.33 on the trust. The commissioner must approve all expenditures
132.34 from the trust. A certified audit of all assets, expenditures,
132.35 and property must be conducted prior to any disposition of any
132.36 assets under the control of the board. Any board member who
133.1 would benefit directly or indirectly financially from the sale
133.2 of this property must be removed by the board and a successor
133.3 appointed as provided by section 197.131. Upon final
133.4 disposition of all assets to the trust, the board must disband.
133.5 Should the assets of the trust be exhausted, the trust must be
133.6 terminated.
133.7 Sec. 27. Minnesota Statutes 1996, section 214.07,
133.8 subdivision 1, is amended to read:
133.9 Subdivision 1. [BOARD REPORTS.] The health-related
133.10 licensing boards and the non-health-related licensing boards
133.11 shall prepare reports according to this subdivision and
133.12 subdivision 1a by October 1 of each even-numbered year. Copies
133.13 of the reports shall be delivered to the legislature in
133.14 accordance with section 3.195, and to the governor. Copies of
133.15 the reports of the health-related licensing boards shall also be
133.16 delivered to the commissioner of health. The reports shall
133.17 contain the following information relating to the two-year
133.18 period ending the previous June 30:
133.19 (a) a general statement of board activities;
133.20 (b) the number of meetings and approximate total number of
133.21 hours spent by all board members in meetings and on other board
133.22 activities;
133.23 (c) the receipts and disbursements of board funds;
133.24 (d) the names of board members and their addresses,
133.25 occupations, and dates of appointment and reappointment to the
133.26 board;
133.27 (e) the names and job classifications of board employees;
133.28 (f) a brief summary of board rules proposed or adopted
133.29 during the reporting period with appropriate citations to the
133.30 State Register and published rules;
133.31 (g) the number of persons having each type of license and
133.32 registration issued by the board as of June 30 in the year of
133.33 the report;
133.34 (h) the locations and dates of the administration of
133.35 examinations by the board;
133.36 (i) the number of persons examined by the board with the
134.1 persons subdivided into groups showing age categories, sex, and
134.2 states of residency;
134.3 (j) the number of persons licensed or registered by the
134.4 board after taking the examinations referred to in clause (h)
134.5 with the persons subdivided by age categories, sex, and states
134.6 of residency;
134.7 (k) the number of persons not licensed or registered by the
134.8 board after taking the examinations referred to in clause (h)
134.9 with the persons subdivided by age categories, sex, and states
134.10 of residency;
134.11 (l) the number of persons not taking the examinations
134.12 referred to in clause (h) who were licensed or registered by the
134.13 board or who were denied licensing or registration with the
134.14 reasons for the licensing or registration or denial thereof and
134.15 with the persons subdivided by age categories, sex, and states
134.16 of residency;
134.17 (m) the number of persons previously licensed or registered
134.18 by the board whose licenses or registrations were revoked,
134.19 suspended, or otherwise altered in status with brief statements
134.20 of the reasons for the revocation, suspension or alteration;
134.21 (n) the number of written and oral complaints and other
134.22 communications received by the executive director or executive
134.23 secretary of the board, a board member, or any other person
134.24 performing services for the board (1) which allege or imply a
134.25 violation of a statute or rule which the board is empowered to
134.26 enforce and (2) which are forwarded to other agencies as
134.27 required by section 214.10;
134.28 (o) a summary, by specific category, of the substance of
134.29 the complaints and communications referred to in clause (n) and,
134.30 for each specific category, the responses or dispositions
134.31 thereof pursuant to section 214.10 or 214.11;
134.32 (p) any other objective information which the board members
134.33 believe will be useful in reviewing board activities.
134.34 Sec. 28. Minnesota Statutes 1996, section 214.13,
134.35 subdivision 5, is amended to read:
134.36 Subd. 5. [RECOMMENDATION ON REGULATION; APPLICATION
135.1 RENEWAL.] The commissioner of health shall exercise care to
135.2 prevent the proliferation of unessential registered human
135.3 services occupations. If In evaluating a currently unregistered
135.4 occupation the commissioner determines may determine that
135.5 registration of the occupation is not appropriate, but that
135.6 implementation of another mode as set forth in section 214.001,
135.7 subdivision 3, is appropriate the commissioner shall promptly so
135.8 report to the legislature. For a period of two years after a
135.9 determination by the commissioner as to the appropriate
135.10 regulatory mode, if any, for an occupational applicant group,
135.11 the same or substantially equivalent group may not submit a
135.12 letter of intent to enter the credentialing process, unless
135.13 invited to do so by the commissioner.
135.14 Sec. 29. Minnesota Statutes 1996, section 237.70,
135.15 subdivision 7, is amended to read:
135.16 Subd. 7. [ADMINISTRATION.] The telephone assistance plan
135.17 must be administered jointly by the commission, the department
135.18 of human services, and the telephone companies in accordance
135.19 with the following guidelines:
135.20 (a) The commission and the department of human services
135.21 shall develop an application form that must be completed by the
135.22 subscriber for the purpose of certifying eligibility for
135.23 telephone assistance plan credits to the department of human
135.24 services. The application must contain the applicant's social
135.25 security number. Applicants who refuse to provide a social
135.26 security number will be denied telephone assistance plan
135.27 credits. The application form must include provisions for the
135.28 applicant to show the name of the applicant's telephone
135.29 company. The application must also advise the applicant to
135.30 submit the required proof of age or disability, and income and
135.31 must provide examples of acceptable proof. The application must
135.32 state that failure to submit proof with the application will
135.33 result in the applicant being found ineligible. Each telephone
135.34 company shall annually mail a notice of the availability of the
135.35 telephone assistance plan to each residential subscriber in a
135.36 regular billing and shall mail the application form to customers
136.1 when requested.
136.2 The notice must state the following:
136.3 YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE
136.4 BILL IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED AND IF
136.5 YOU MEET CERTAIN HOUSEHOLD INCOME LIMITS. FOR MORE INFORMATION
136.6 OR AN APPLICATION FORM PLEASE CONTACT .........
136.7 (b) The department of human services shall determine the
136.8 eligibility for telephone assistance plan credits at least
136.9 annually according to the criteria contained in subdivision 4a.
136.10 (c) An application may be made by the subscriber, the
136.11 subscriber's spouse, or a person authorized by the subscriber to
136.12 act on the subscriber's behalf. On completing the application
136.13 certifying that the statutory criteria for eligibility are
136.14 satisfied, the applicant must return the application to an
136.15 office of the department of human services specially designated
136.16 to process telephone assistance plan applications. On receiving
136.17 a completed application from an applicant, the department of
136.18 human services shall determine the applicant's eligibility or
136.19 ineligibility within 120 days. If the department fails to do
136.20 so, it shall within three working days provide written notice to
136.21 the applicant's telephone company that the company shall provide
136.22 telephone assistance plan credits against monthly charges in the
136.23 earliest possible month following receipt of the written
136.24 notice. The applicant must receive telephone assistance plan
136.25 credits until the earliest possible month following the
136.26 company's receipt of notice from the department that the
136.27 applicant is ineligible.
136.28 If the department of human services determines that an
136.29 applicant is not eligible to receive telephone assistance plan
136.30 credits, it shall notify the applicant within ten working days
136.31 of that determination.
136.32 Within ten working days of determining that an applicant is
136.33 eligible to receive telephone assistance plan credits, the
136.34 department of human services shall provide written notification
136.35 to the telephone company that serves the applicant. The notice
136.36 must include the applicant's name, address, and telephone number.
137.1 Each telephone company shall provide telephone assistance
137.2 plan credits against monthly charges in the earliest possible
137.3 month following receipt of notice from the department of human
137.4 services.
137.5 By December 31 of each year, the department of human
137.6 services shall redetermine eligibility of each person receiving
137.7 telephone assistance plan credits, as required in paragraph (b).
137.8 The department of human services shall submit an annual report
137.9 to the legislature and the commission by January 15 of each year
137.10 showing that the department has determined the eligibility for
137.11 telephone assistance plan credits of each person receiving the
137.12 credits or explaining why the determination has not been made
137.13 and showing how and when the determination will be completed.
137.14 If the department of human services determines that a
137.15 current recipient of telephone assistance plan credits is not
137.16 eligible to receive the credits, it shall notify, in writing,
137.17 the recipient within ten working days and the telephone company
137.18 serving the recipient within 20 working days of the
137.19 determination. The notice must include the recipient's name,
137.20 address, and telephone number.
137.21 Each telephone company shall remove telephone assistance
137.22 plan credits against monthly charges in the earliest possible
137.23 month following receipt of notice from the department of human
137.24 services.
137.25 Each telephone company that disconnects a subscriber
137.26 receiving the telephone assistance plan credit shall report the
137.27 disconnection to the department of human services. The reports
137.28 must be submitted monthly, identifying the subscribers
137.29 disconnected. Telephone companies that do not disconnect a
137.30 subscriber receiving the telephone assistance plan credit are
137.31 not required to report.
137.32 If the telephone assistance plan credit is not itemized on
137.33 the subscriber's monthly charges bill for local telephone
137.34 service, the telephone company must notify the subscriber of the
137.35 approval for the telephone assistance plan credit.
137.36 (d) The commission shall serve as the coordinator of the
138.1 telephone assistance plan and be reimbursed for its
138.2 administrative expenses from the surcharge revenue pool. As the
138.3 coordinator, the commission shall:
138.4 (1) establish a uniform statewide surcharge in accordance
138.5 with subdivision 6;
138.6 (2) establish a uniform statewide level of telephone
138.7 assistance plan credit that each telephone company shall extend
138.8 to each eligible household in its service area;
138.9 (3) require each telephone company to account to the
138.10 commission on a periodic basis for surcharge revenues collected
138.11 by the company, expenses incurred by the company, not to include
138.12 expenses of collecting surcharges, and credits extended by the
138.13 company under the telephone assistance plan;
138.14 (4) require each telephone company to remit surcharge
138.15 revenues to the department of administration for deposit in the
138.16 fund; and
138.17 (5) remit to each telephone company from the surcharge
138.18 revenue pool the amount necessary to compensate the company for
138.19 expenses, not including expenses of collecting the surcharges,
138.20 and telephone assistance plan credits. When it appears that the
138.21 revenue generated by the maximum surcharge permitted under
138.22 subdivision 6 will be inadequate to fund any particular
138.23 established level of telephone assistance plan credits, the
138.24 commission shall reduce the credits to a level that can be
138.25 adequately funded by the maximum surcharge. Similarly, the
138.26 commission may increase the level of the telephone assistance
138.27 plan credit that is available or reduce the surcharge to a level
138.28 and for a period of time that will prevent an unreasonable
138.29 overcollection of surcharge revenues.
138.30 (e) Each telephone company shall maintain adequate records
138.31 of surcharge revenues, expenses, and credits related to the
138.32 telephone assistance plan and shall, as part of its annual
138.33 report or separately, provide the commission and the department
138.34 of public service with a financial report of its experience
138.35 under the telephone assistance plan for the previous year. That
138.36 report must also be adequate to satisfy the reporting
139.1 requirements of the federal matching plan.
139.2 (f) The department of public service shall investigate
139.3 complaints against telephone companies with regard to the
139.4 telephone assistance plan and shall report the results of its
139.5 investigation to the commission.
139.6 Sec. 30. Minnesota Statutes 1996, section 241.01,
139.7 subdivision 3a, is amended to read:
139.8 Subd. 3a. [COMMISSIONER, POWERS AND DUTIES.] The
139.9 commissioner of corrections has the following powers and duties:
139.10 (a) To accept persons committed to the commissioner by the
139.11 courts of this state for care, custody, and rehabilitation.
139.12 (b) To determine the place of confinement of committed
139.13 persons in a correctional facility or other facility of the
139.14 department of corrections and to prescribe reasonable conditions
139.15 and rules for their employment, conduct, instruction, and
139.16 discipline within or outside the facility. Inmates shall not
139.17 exercise custodial functions or have authority over other
139.18 inmates. Inmates may serve on the board of directors or hold an
139.19 executive position subordinate to correctional staff in any
139.20 corporation, private industry or educational program located on
139.21 the grounds of, or conducted within, a state correctional
139.22 facility with written permission from the chief executive
139.23 officer of the facility.
139.24 (c) To administer the money and property of the department.
139.25 (d) To administer, maintain, and inspect all state
139.26 correctional facilities.
139.27 (e) To transfer authorized positions and personnel between
139.28 state correctional facilities as necessary to properly staff
139.29 facilities and programs.
139.30 (f) To utilize state correctional facilities in the manner
139.31 deemed to be most efficient and beneficial to accomplish the
139.32 purposes of this section, but not to close the Minnesota
139.33 correctional facility-Stillwater or the Minnesota correctional
139.34 facility-St. Cloud without legislative approval. The
139.35 commissioner may place juveniles and adults at the same state
139.36 minimum security correctional facilities, if there is total
140.1 separation of and no regular contact between juveniles and
140.2 adults, except contact incidental to admission, classification,
140.3 and mental and physical health care.
140.4 (g) To organize the department and employ personnel the
140.5 commissioner deems necessary to discharge the functions of the
140.6 department, including a chief executive officer for each
140.7 facility under the commissioner's control who shall serve in the
140.8 unclassified civil service and may, under the provisions of
140.9 section 43A.33, be removed only for cause, and two internal
140.10 affairs officers for security.
140.11 (h) To define the duties of these employees and to delegate
140.12 to them any of the commissioner's powers, duties and
140.13 responsibilities, subject to the commissioner's control and the
140.14 conditions the commissioner prescribes.
140.15 (i) To annually develop a comprehensive set of goals and
140.16 objectives designed to clearly establish the priorities of the
140.17 department of corrections. This report shall be submitted to
140.18 the governor and the state legislature commencing January 1,
140.19 1976. The commissioner may establish ad hoc advisory committees.
140.20 Sec. 31. Minnesota Statutes 1996, section 244.09,
140.21 subdivision 7, is amended to read:
140.22 Subd. 7. After the implementation of the sentencing
140.23 guidelines promulgated by the commission, the commission shall
140.24 study the their impact of the sentencing guidelines promulgated
140.25 by the commission after their implementation. The commission
140.26 shall also, after implementation of the guidelines, review the
140.27 powers and duties of the commissioner of corrections and make
140.28 recommendations to the legislature on the appropriate role, if
140.29 any, of the board under the guidelines and review the powers and
140.30 duties of the commissioner of corrections.
140.31 Sec. 32. Minnesota Statutes 1996, section 244.13,
140.32 subdivision 3, is amended to read:
140.33 Subd. 3. [EVALUATION.] The commissioner shall develop a
140.34 system for gathering and analyzing information concerning the
140.35 value and effectiveness of the intensive community supervision
140.36 and intensive supervised release programs and shall compile a
141.1 report to the chairs of the committees in the senate and house
141.2 of representatives with jurisdiction over criminal justice
141.3 policy by January 1 of each odd-numbered year.
141.4 Sec. 33. Minnesota Statutes 1996, section 245.697,
141.5 subdivision 2, is amended to read:
141.6 Subd. 2. [DUTIES.] The state advisory council on mental
141.7 health shall:
141.8 (1) advise the governor, the legislature, and heads of
141.9 state departments and agencies about policy, programs, and
141.10 services affecting people with mental illness;
141.11 (2) advise the commissioner of human services on all phases
141.12 of the development of mental health aspects of the biennial
141.13 budget;
141.14 (3) advise the governor and the legislature about the
141.15 development of innovative mechanisms for providing and financing
141.16 services to people with mental illness;
141.17 (4) encourage state departments and other agencies to
141.18 conduct needed research in the field of mental health;
141.19 (5) review recommendations of the subcommittee on
141.20 children's mental health;
141.21 (6) educate the public about mental illness and the needs
141.22 and potential of people with mental illness;
141.23 (7) review and comment on all grants dealing with mental
141.24 health and on the development and implementation of state and
141.25 local mental health plans; and
141.26 (8) coordinate the work of local children's and adult
141.27 mental health advisory councils and subcommittees.
141.28 Sec. 34. Minnesota Statutes 1996, section 245.697,
141.29 subdivision 3, is amended to read:
141.30 Subd. 3. [REPORTS.] The state advisory council on mental
141.31 health shall report from time to time on its activities to the
141.32 governor, the legislature, and the commissioners of health,
141.33 economic security, and human services. It shall file a formal
141.34 report with the governor not later than October 15 of each
141.35 even-numbered year so that the information contained in the
141.36 report, including recommendations, can be included in the
142.1 governor's budget message to the legislature. It shall also
142.2 report to the legislature not later than November 15 of each
142.3 even-numbered year.
142.4 Sec. 35. Minnesota Statutes 1996, section 246.06, is
142.5 amended to read:
142.6 246.06 [REPORTS.]
142.7 On or before November 15 in each even-numbered year, the
142.8 commissioner of human services shall make a report to the
142.9 governor and legislature covering the biennial period ending
142.10 June 30th preceding, therein giving observations and conclusions
142.11 respecting each institution under control of the commissioner.
142.12 This report shall contain the reports of the executive officers
142.13 of the institutions, a statement of the visitations thereto, and
142.14 when and by whom made, the name and salary of every employee of
142.15 the commissioner, and of every officer and employee of the
142.16 several institutions. Such report shall be published under the
142.17 direction of the commissioner of administration and paid for out
142.18 of the appropriation for public printing. The commissioner of
142.19 human services shall make such other reports to the governor as
142.20 the commissioner may from time to time require, or as the
142.21 commissioner may deem necessary, relating to the condition and
142.22 wants of the several institutions.
142.23 Sec. 36. Minnesota Statutes 1996, section 246.64,
142.24 subdivision 3, is amended to read:
142.25 Subd. 3. [RESPONSIBILITIES OF COMMISSIONER.] The
142.26 commissioner shall credit all receipts from billings for rates
142.27 set in subdivision 1, except those credited according to
142.28 subdivision 2, to the chemical dependency fund. This money must
142.29 not be used for a regional treatment center activity that is not
142.30 a chemical dependency service or an allocation of expenditures
142.31 that are included in the base for computation of the rates under
142.32 subdivision 1. The commissioner may expand chemical dependency
142.33 services so long as expenditures are recovered by patient fees,
142.34 transfer of funds, or supplementary appropriations. The
142.35 commissioner may expand or reduce chemical dependency staff
142.36 complement as long as expenditures are recovered by patient
143.1 fees, transfer of funds, or supplementary appropriations.
143.2 Notwithstanding chapters 176 and 268, the commissioner shall
143.3 provide for the self-insurance of regional treatment center
143.4 chemical dependency programs for the costs of reemployment
143.5 insurance and workers' compensation claims. The commissioner
143.6 shall provide a biennial report to the chairs of the senate
143.7 division on health care and family services, the house of
143.8 representatives division on health and housing finance, and the
143.9 senate health care committee and house of representatives health
143.10 and human services committee.
143.11 Sec. 37. Minnesota Statutes 1996, section 252.035, is
143.12 amended to read:
143.13 252.035 [REGIONAL TREATMENT CENTER CATCHMENT AREAS.]
143.14 The commissioner may administratively designate catchment
143.15 areas for regional treatment centers and state nursing homes.
143.16 Catchment areas may vary by client group served. Catchment
143.17 areas in effect on January 1, 1989, may not be modified until
143.18 the commissioner has consulted with the regional planning
143.19 committees of the affected regional treatment centers and with
143.20 the chairs of the senate health and human services finance
143.21 division and the house of representatives health and human
143.22 services appropriation division.
143.23 Sec. 38. Minnesota Statutes 1996, section 252.291,
143.24 subdivision 3, is amended to read:
143.25 Subd. 3. [DUTIES OF COMMISSIONER OF HUMAN SERVICES.] The
143.26 commissioner shall:
143.27 (a) establish standard admission criteria for state
143.28 hospitals and county utilization targets to limit and reduce the
143.29 number of intermediate care beds in state hospitals and
143.30 community facilities in accordance with approved waivers under
143.31 United States Code, title 42, sections 1396 to 1396p, as amended
143.32 through December 31, 1987, to assure that appropriate services
143.33 are provided in the least restrictive setting;
143.34 (b) define services, including respite care, that may be
143.35 needed in meeting individual service plan objectives;
143.36 (c) provide technical assistance so that county boards may
144.1 establish a request for proposal system for meeting individual
144.2 service plan objectives through home and community-based
144.3 services; alternative community services; or, if no other
144.4 alternative will meet the needs of identifiable individuals for
144.5 whom the county is financially responsible, a new intermediate
144.6 care facility for persons with mental retardation or related
144.7 conditions;
144.8 (d) establish a client tracking and evaluation system as
144.9 required under applicable federal waiver regulations, Code of
144.10 Federal Regulations, title 42, sections 431, 435, 440, and 441,
144.11 as amended through December 31, 1987; and
144.12 (e) develop a state plan for the delivery and funding of
144.13 residential day and support services to persons with mental
144.14 retardation or related conditions in Minnesota and submit that
144.15 plan to the clerk of each house of the Minnesota legislature on
144.16 or before the 15th of January of each biennium beginning January
144.17 15, 1985. The biennial mental retardation plan shall include
144.18 but not be limited to:
144.19 (1) county by county maximum intermediate care bed
144.20 utilization quotas;
144.21 (2) plans for the development of the number and types of
144.22 services alternative to intermediate care beds;
144.23 (3) procedures for the administration and management of the
144.24 plan;
144.25 (4) procedures for the evaluation of the implementation of
144.26 the plan; and
144.27 (5) the number, type, and location of intermediate care
144.28 beds targeted for decertification.
144.29 The commissioner shall modify the plan to ensure
144.30 conformance with the medical assistance home and community-based
144.31 services waiver.
144.32 Sec. 39. Minnesota Statutes 1996, section 254A.16,
144.33 subdivision 2, is amended to read:
144.34 Subd. 2. (a) The commissioner shall provide program and
144.35 service guidelines and technical assistance to the county boards
144.36 in carrying out services authorized under sections 254A.08,
145.1 254A.12, 254A.14, and their responsibilities under chapter 256E.
145.2 (b) The commissioner shall recommend to the governor and to
145.3 the legislature means of improving the efficiency and
145.4 effectiveness of comprehensive program services in the state and
145.5 maximizing the use of nongovernmental funds for providing
145.6 comprehensive programs.
145.7 Sec. 40. Minnesota Statutes 1996, section 256.01,
145.8 subdivision 2, is amended to read:
145.9 Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
145.10 section 241.021, subdivision 2, the commissioner of human
145.11 services shall:
145.12 (1) Administer and supervise all forms of public assistance
145.13 provided for by state law and other welfare activities or
145.14 services as are vested in the commissioner. Administration and
145.15 supervision of human services activities or services includes,
145.16 but is not limited to, assuring timely and accurate distribution
145.17 of benefits, completeness of service, and quality program
145.18 management. In addition to administering and supervising human
145.19 services activities vested by law in the department, the
145.20 commissioner shall have the authority to:
145.21 (a) require county agency participation in training and
145.22 technical assistance programs to promote compliance with
145.23 statutes, rules, federal laws, regulations, and policies
145.24 governing human services;
145.25 (b) monitor, on an ongoing basis, the performance of county
145.26 agencies in the operation and administration of human services,
145.27 enforce compliance with statutes, rules, federal laws,
145.28 regulations, and policies governing welfare services and promote
145.29 excellence of administration and program operation;
145.30 (c) develop a quality control program or other monitoring
145.31 program to review county performance and accuracy of benefit
145.32 determinations;
145.33 (d) require county agencies to make an adjustment to the
145.34 public assistance benefits issued to any individual consistent
145.35 with federal law and regulation and state law and rule and to
145.36 issue or recover benefits as appropriate;
146.1 (e) delay or deny payment of all or part of the state and
146.2 federal share of benefits and administrative reimbursement
146.3 according to the procedures set forth in section 256.017; and
146.4 (f) make contracts with and grants to public and private
146.5 agencies and organizations, both profit and nonprofit, and
146.6 individuals, using appropriated funds.
146.7 (2) Inform county agencies, on a timely basis, of changes
146.8 in statute, rule, federal law, regulation, and policy necessary
146.9 to county agency administration of the programs.
146.10 (3) Administer and supervise all child welfare activities;
146.11 promote the enforcement of laws protecting handicapped,
146.12 dependent, neglected and delinquent children, and children born
146.13 to mothers who were not married to the children's fathers at the
146.14 times of the conception nor at the births of the children;
146.15 license and supervise child-caring and child-placing agencies
146.16 and institutions; supervise the care of children in boarding and
146.17 foster homes or in private institutions; and generally perform
146.18 all functions relating to the field of child welfare now vested
146.19 in the state board of control.
146.20 (4) Administer and supervise all noninstitutional service
146.21 to handicapped persons, including those who are visually
146.22 impaired, hearing impaired, or physically impaired or otherwise
146.23 handicapped. The commissioner may provide and contract for the
146.24 care and treatment of qualified indigent children in facilities
146.25 other than those located and available at state hospitals when
146.26 it is not feasible to provide the service in state hospitals.
146.27 (5) Assist and actively cooperate with other departments,
146.28 agencies and institutions, local, state, and federal, by
146.29 performing services in conformity with the purposes of Laws
146.30 1939, chapter 431.
146.31 (6) Act as the agent of and cooperate with the federal
146.32 government in matters of mutual concern relative to and in
146.33 conformity with the provisions of Laws 1939, chapter 431,
146.34 including the administration of any federal funds granted to the
146.35 state to aid in the performance of any functions of the
146.36 commissioner as specified in Laws 1939, chapter 431, and
147.1 including the promulgation of rules making uniformly available
147.2 medical care benefits to all recipients of public assistance, at
147.3 such times as the federal government increases its participation
147.4 in assistance expenditures for medical care to recipients of
147.5 public assistance, the cost thereof to be borne in the same
147.6 proportion as are grants of aid to said recipients.
147.7 (7) Establish and maintain any administrative units
147.8 reasonably necessary for the performance of administrative
147.9 functions common to all divisions of the department.
147.10 (8) Act as designated guardian of both the estate and the
147.11 person of all the wards of the state of Minnesota, whether by
147.12 operation of law or by an order of court, without any further
147.13 act or proceeding whatever, except as to persons committed as
147.14 mentally retarded.
147.15 (9) Act as coordinating referral and informational center
147.16 on requests for service for newly arrived immigrants coming to
147.17 Minnesota.
147.18 (10) The specific enumeration of powers and duties as
147.19 hereinabove set forth shall in no way be construed to be a
147.20 limitation upon the general transfer of powers herein contained.
147.21 (11) Establish county, regional, or statewide schedules of
147.22 maximum fees and charges which may be paid by county agencies
147.23 for medical, dental, surgical, hospital, nursing and nursing
147.24 home care and medicine and medical supplies under all programs
147.25 of medical care provided by the state and for congregate living
147.26 care under the income maintenance programs.
147.27 (12) Have the authority to conduct and administer
147.28 experimental projects to test methods and procedures of
147.29 administering assistance and services to recipients or potential
147.30 recipients of public welfare. To carry out such experimental
147.31 projects, it is further provided that the commissioner of human
147.32 services is authorized to waive the enforcement of existing
147.33 specific statutory program requirements, rules, and standards in
147.34 one or more counties. The order establishing the waiver shall
147.35 provide alternative methods and procedures of administration,
147.36 shall not be in conflict with the basic purposes, coverage, or
148.1 benefits provided by law, and in no event shall the duration of
148.2 a project exceed four years. It is further provided that no
148.3 order establishing an experimental project as authorized by the
148.4 provisions of this section shall become effective until the
148.5 following conditions have been met:
148.6 (a) The proposed comprehensive plan, including estimated
148.7 project costs and the proposed order establishing the waiver,
148.8 shall be filed with the secretary of the senate and chief clerk
148.9 of the house of representatives at least 60 days prior to its
148.10 effective date.
148.11 (b) The secretary of health, education, and welfare of the
148.12 United States has agreed, for the same project, to waive state
148.13 plan requirements relative to statewide uniformity.
148.14 (c) (b) A comprehensive plan, including estimated project
148.15 costs, shall be approved by the legislative advisory commission
148.16 and filed with the commissioner of administration.
148.17 (13) In accordance with federal requirements, establish
148.18 procedures to be followed by local welfare boards in creating
148.19 citizen advisory committees, including procedures for selection
148.20 of committee members.
148.21 (14) Allocate federal fiscal disallowances or sanctions
148.22 which are based on quality control error rates for the aid to
148.23 families with dependent children, medical assistance, or food
148.24 stamp program in the following manner:
148.25 (a) One-half of the total amount of the disallowance shall
148.26 be borne by the county boards responsible for administering the
148.27 programs. For the medical assistance and AFDC programs,
148.28 disallowances shall be shared by each county board in the same
148.29 proportion as that county's expenditures for the sanctioned
148.30 program are to the total of all counties' expenditures for the
148.31 AFDC and medical assistance programs. For the food stamp
148.32 program, sanctions shall be shared by each county board, with 50
148.33 percent of the sanction being distributed to each county in the
148.34 same proportion as that county's administrative costs for food
148.35 stamps are to the total of all food stamp administrative costs
148.36 for all counties, and 50 percent of the sanctions being
149.1 distributed to each county in the same proportion as that
149.2 county's value of food stamp benefits issued are to the total of
149.3 all benefits issued for all counties. Each county shall pay its
149.4 share of the disallowance to the state of Minnesota. When a
149.5 county fails to pay the amount due hereunder, the commissioner
149.6 may deduct the amount from reimbursement otherwise due the
149.7 county, or the attorney general, upon the request of the
149.8 commissioner, may institute civil action to recover the amount
149.9 due.
149.10 (b) Notwithstanding the provisions of paragraph (a), if the
149.11 disallowance results from knowing noncompliance by one or more
149.12 counties with a specific program instruction, and that knowing
149.13 noncompliance is a matter of official county board record, the
149.14 commissioner may require payment or recover from the county or
149.15 counties, in the manner prescribed in paragraph (a), an amount
149.16 equal to the portion of the total disallowance which resulted
149.17 from the noncompliance, and may distribute the balance of the
149.18 disallowance according to paragraph (a).
149.19 (15) Develop and implement special projects that maximize
149.20 reimbursements and result in the recovery of money to the
149.21 state. For the purpose of recovering state money, the
149.22 commissioner may enter into contracts with third parties. Any
149.23 recoveries that result from projects or contracts entered into
149.24 under this paragraph shall be deposited in the state treasury
149.25 and credited to a special account until the balance in the
149.26 account reaches $1,000,000. When the balance in the account
149.27 exceeds $1,000,000, the excess shall be transferred and credited
149.28 to the general fund. All money in the account is appropriated
149.29 to the commissioner for the purposes of this paragraph.
149.30 (16) Have the authority to make direct payments to
149.31 facilities providing shelter to women and their children
149.32 pursuant to section 256D.05, subdivision 3. Upon the written
149.33 request of a shelter facility that has been denied payments
149.34 under section 256D.05, subdivision 3, the commissioner shall
149.35 review all relevant evidence and make a determination within 30
149.36 days of the request for review regarding issuance of direct
150.1 payments to the shelter facility. Failure to act within 30 days
150.2 shall be considered a determination not to issue direct payments.
150.3 (17) Have the authority to establish and enforce the
150.4 following county reporting requirements:
150.5 (a) The commissioner shall establish fiscal and statistical
150.6 reporting requirements necessary to account for the expenditure
150.7 of funds allocated to counties for human services programs.
150.8 When establishing financial and statistical reporting
150.9 requirements, the commissioner shall evaluate all reports, in
150.10 consultation with the counties, to determine if the reports can
150.11 be simplified or the number of reports can be reduced.
150.12 (b) The county board shall submit monthly or quarterly
150.13 reports to the department as required by the commissioner.
150.14 Monthly reports are due no later than 15 working days after the
150.15 end of the month. Quarterly reports are due no later than 30
150.16 calendar days after the end of the quarter, unless the
150.17 commissioner determines that the deadline must be shortened to
150.18 20 calendar days to avoid jeopardizing compliance with federal
150.19 deadlines or risking a loss of federal funding. Only reports
150.20 that are complete, legible, and in the required format shall be
150.21 accepted by the commissioner.
150.22 (c) If the required reports are not received by the
150.23 deadlines established in clause (b), the commissioner may delay
150.24 payments and withhold funds from the county board until the next
150.25 reporting period. When the report is needed to account for the
150.26 use of federal funds and the late report results in a reduction
150.27 in federal funding, the commissioner shall withhold from the
150.28 county boards with late reports an amount equal to the reduction
150.29 in federal funding until full federal funding is received.
150.30 (d) A county board that submits reports that are late,
150.31 illegible, incomplete, or not in the required format for two out
150.32 of three consecutive reporting periods is considered
150.33 noncompliant. When a county board is found to be noncompliant,
150.34 the commissioner shall notify the county board of the reason the
150.35 county board is considered noncompliant and request that the
150.36 county board develop a corrective action plan stating how the
151.1 county board plans to correct the problem. The corrective
151.2 action plan must be submitted to the commissioner within 45 days
151.3 after the date the county board received notice of noncompliance.
151.4 (e) The final deadline for fiscal reports or amendments to
151.5 fiscal reports is one year after the date the report was
151.6 originally due. If the commissioner does not receive a report
151.7 by the final deadline, the county board forfeits the funding
151.8 associated with the report for that reporting period and the
151.9 county board must repay any funds associated with the report
151.10 received for that reporting period.
151.11 (f) The commissioner may not delay payments, withhold
151.12 funds, or require repayment under paragraph (c) or (e) if the
151.13 county demonstrates that the commissioner failed to provide
151.14 appropriate forms, guidelines, and technical assistance to
151.15 enable the county to comply with the requirements. If the
151.16 county board disagrees with an action taken by the commissioner
151.17 under paragraph (c) or (e), the county board may appeal the
151.18 action according to sections 14.57 to 14.69.
151.19 (g) Counties subject to withholding of funds under
151.20 paragraph (c) or forfeiture or repayment of funds under
151.21 paragraph (e) shall not reduce or withhold benefits or services
151.22 to clients to cover costs incurred due to actions taken by the
151.23 commissioner under paragraph (c) or (e).
151.24 (18) Allocate federal fiscal disallowances or sanctions for
151.25 audit exceptions when federal fiscal disallowances or sanctions
151.26 are based on a statewide random sample for the foster care
151.27 program under title IV-E of the Social Security Act, United
151.28 States Code, title 42, in direct proportion to each county's
151.29 title IV-E foster care maintenance claim for that period.
151.30 Sec. 41. Minnesota Statutes 1996, section 256.016, is
151.31 amended to read:
151.32 256.016 [PLAIN LANGUAGE IN WRITTEN MATERIALS.]
151.33 (a) To the extent reasonable and consistent with the goals
151.34 of providing easily understandable and readable materials and
151.35 complying with federal and state laws governing the programs,
151.36 all written materials relating to services and determinations of
152.1 eligibility for or amounts of benefits that will be given to
152.2 applicants for or recipients of assistance under a program
152.3 administered or supervised by the commissioner of human services
152.4 must be understandable to a person who reads at the
152.5 seventh-grade level, using the Flesch scale analysis readability
152.6 score as determined under section 72C.09.
152.7 (b) All written materials relating to determinations of
152.8 eligibility for or amounts of benefits that will be given to
152.9 applicants for or recipients of assistance under programs
152.10 administered or supervised by the commissioner of human services
152.11 must be developed to satisfy the plain language requirements of
152.12 the plain language contract act under sections 325G.29 to
152.13 325G.36. Materials may be submitted to the attorney general for
152.14 review and certification. Notwithstanding section 325G.35,
152.15 subdivision 1, the attorney general shall review submitted
152.16 materials to determine whether they comply with the requirements
152.17 of section 325G.31. The remedies available pursuant to sections
152.18 8.31 and 325G.33 to 325G.36 do not apply to these materials.
152.19 Failure to comply with this section does not provide a basis for
152.20 suspending the implementation or operation of other laws
152.21 governing programs administered by the commissioner.
152.22 (c) The requirements of this section apply to all materials
152.23 modified or developed by the commissioner on or after July 1,
152.24 1988. The requirements of this section do not apply to
152.25 materials that must be submitted to a federal agency for
152.26 approval, to the extent that application of the requirements
152.27 prevents federal approval.
152.28 (d) Nothing in this section may be construed to prohibit a
152.29 lawsuit brought to require the commissioner to comply with this
152.30 section or to affect individual appeal rights granted pursuant
152.31 to section 256.045.
152.32 (e) The commissioner shall report annually to the chairs of
152.33 the health and human services divisions of the senate finance
152.34 committee and the house of representatives appropriations
152.35 committee on the number and outcome of cases that raise the
152.36 issue of the commissioner's compliance with this section.
153.1 Sec. 42. Minnesota Statutes 1996, section 256.736,
153.2 subdivision 3a, is amended to read:
153.3 Subd. 3a. [PARTICIPATION.] (a) Except as provided under
153.4 paragraphs (b) and (c), participation in employment and training
153.5 services under this section is limited to the following
153.6 recipients:
153.7 (1) caretakers who are required to participate in a job
153.8 search under subdivision 14;
153.9 (2) custodial parents who are subject to the school
153.10 attendance or case management participation requirements under
153.11 subdivision 3b;
153.12 (3) caretakers whose participation in employment and
153.13 training services began prior to May 1, 1990, if the caretaker's
153.14 AFDC eligibility has not been interrupted for 30 days or more
153.15 and the caretaker's employability development plan has not been
153.16 completed;
153.17 (4) recipients who are members of a family in which the
153.18 youngest child is within two years of being ineligible for AFDC
153.19 due to age;
153.20 (5) custodial parents under the age of 24 who: (i) have
153.21 not completed a high school education and who, at the time of
153.22 application for AFDC, were not enrolled in high school or in a
153.23 high school equivalency program; or (ii) have had little or no
153.24 work experience in the preceding year;
153.25 (6) recipients who have received AFDC for 36 or more months
153.26 out of the last 60 months;
153.27 (7) recipients who are participants in the self-employment
153.28 investment demonstration project under section 268.95; and
153.29 (8) recipients who participate in the new chance research
153.30 and demonstration project under contract with the department of
153.31 human services.
153.32 (b) If the commissioner determines that participation of
153.33 persons listed in paragraph (a) in employment and training
153.34 services is insufficient either to meet federal performance
153.35 targets or to fully utilize funds appropriated under this
153.36 section, the commissioner may, after notifying the chairs of the
154.1 senate family services committee, the house health and human
154.2 services committee, the family services division of the senate
154.3 family services and health care committees, and the human
154.4 services division of the house health and human services
154.5 committee, permit additional groups of recipients to participate
154.6 until the next meeting of the legislative advisory commission,
154.7 after which the additional groups may continue to enroll for
154.8 participation unless the legislative advisory commission
154.9 disapproves the continued enrollment. The commissioner shall
154.10 allow participation of additional groups in the following order
154.11 only as needed to meet performance targets or fully utilize
154.12 funding for employment and training services under this section:
154.13 (1) recipients who have received 24 or more months of AFDC
154.14 out of the previous 48 months; and
154.15 (2) recipients who have not completed a high school
154.16 education or a high school equivalency program.
154.17 (c) To the extent of money appropriated specifically for
154.18 this paragraph, the commissioner may permit AFDC caretakers who
154.19 are not eligible for participation in employment and training
154.20 services under the provisions of paragraph (a) or (b) to
154.21 participate. Money must be allocated to county agencies based
154.22 on the county's percentage of participants statewide in services
154.23 under this section in the prior calendar year. Caretakers must
154.24 be selected on a first-come, first-served basis from a waiting
154.25 list of caretakers who volunteer to participate. The
154.26 commissioner may, on a quarterly basis, reallocate unused
154.27 allocations to county agencies that have sufficient volunteers.
154.28 If funding under this paragraph is discontinued in future fiscal
154.29 years, caretakers who began participating under this paragraph
154.30 must be deemed eligible under paragraph (a), clause (3).
154.31 (d) Participants who are eligible and enroll in the STRIDE
154.32 program under one of the categories of this subdivision are
154.33 required to cooperate with the assessment and employability plan
154.34 development and to meet the terms of their employability plan.
154.35 Failure to comply, without good cause, shall result in the
154.36 imposition of sanctions as specified in subdivision 4, clause
155.1 (6).
155.2 Sec. 43. Minnesota Statutes 1996, section 256.7365,
155.3 subdivision 7, is amended to read:
155.4 Subd. 7. [DEMONSTRATION AND EVALUATION.] For the biennium
155.5 ending June 30, 1989, projects are demonstration projects to
155.6 test the effectiveness of differing approaches to serving
155.7 populations with acute needs. The commissioner of human
155.8 services shall submit to the governor and the legislature a
155.9 progress report by February 1, 1989, and shall submit subsequent
155.10 program evaluation reports to the governor as part of the
155.11 biennial plan.
155.12 Sec. 44. Minnesota Statutes 1996, section 256.9742,
155.13 subdivision 1, is amended to read:
155.14 Subdivision 1. [DUTIES.] The ombudsman shall:
155.15 (1) gather information and evaluate any act, practice,
155.16 policy, procedure, or administrative action of a long-term care
155.17 facility, acute care facility, home care service provider, or
155.18 government agency that may adversely affect the health, safety,
155.19 welfare, or rights of any client;
155.20 (2) mediate or advocate on behalf of clients;
155.21 (3) monitor the development and implementation of federal,
155.22 state, or local laws, rules, regulations, and policies affecting
155.23 the rights and benefits of clients;
155.24 (4) comment on and recommend to the legislature and public
155.25 and private agencies regarding laws, rules, regulations, and
155.26 policies affecting clients;
155.27 (5) inform public agencies about the problems of clients;
155.28 (6) provide for training of volunteers and promote the
155.29 development of citizen participation in the work of the office;
155.30 (7) conduct public forums to obtain information about and
155.31 publicize issues affecting clients;
155.32 (8) provide public education regarding the health, safety,
155.33 welfare, and rights of clients; and
155.34 (9) collect and analyze data relating to complaints,
155.35 conditions, and services.
155.36 Sec. 45. Minnesota Statutes 1996, section 256D.04, is
156.1 amended to read:
156.2 256D.04 [DUTIES OF THE COMMISSIONER.]
156.3 In addition to any other duties imposed by law, the
156.4 commissioner shall:
156.5 (1) Supervise according to section 256.01 the
156.6 administration of general assistance and general assistance
156.7 medical care by county agencies as provided in sections 256D.01
156.8 to 256D.21;
156.9 (2) Promulgate uniform rules consistent with law for
156.10 carrying out and enforcing the provisions of sections 256D.01 to
156.11 256D.21, including section 256D.05, subdivision 3, and section
156.12 256.01, subdivision 2, paragraph (16), to the end that general
156.13 assistance may be administered as uniformly as possible
156.14 throughout the state; rules shall be furnished immediately to
156.15 all county agencies and other interested persons; in
156.16 promulgating rules, the provisions of sections 14.001 to 14.69,
156.17 shall apply;
156.18 (3) Allocate money appropriated for general assistance and
156.19 general assistance medical care to county agencies as provided
156.20 in section 256D.03, subdivisions 2 and 3;
156.21 (4) Accept and supervise the disbursement of any funds that
156.22 may be provided by the federal government or from other sources
156.23 for use in this state for general assistance and general
156.24 assistance medical care;
156.25 (5) Cooperate with other agencies including any agency of
156.26 the United States or of another state in all matters concerning
156.27 the powers and duties of the commissioner under sections 256D.01
156.28 to 256D.21;
156.29 (6) Cooperate to the fullest extent with other public
156.30 agencies empowered by law to provide vocational training,
156.31 rehabilitation, or similar services;
156.32 (7) Gather and study current information and report at
156.33 least annually to the governor and legislature on the nature and
156.34 need for general assistance and general assistance medical care,
156.35 the amounts expended under the supervision of each county
156.36 agency, and the activities of each county agency and publish
157.1 such reports for the information of the public;
157.2 (8) Specify requirements for general assistance and general
157.3 assistance medical care reports, including fiscal reports,
157.4 according to section 256.01, subdivision 2, paragraph (17); and
157.5 (9) Ensure that every notice of eligibility for general
157.6 assistance includes a notice that women who are pregnant may be
157.7 eligible for medical assistance benefits.
157.8 Sec. 46. Minnesota Statutes 1996, section 256E.04,
157.9 subdivision 1, is amended to read:
157.10 Subdivision 1. The commissioner shall prepare a biennial
157.11 social services plan and present the plan to the governor and
157.12 the legislature. The commissioner shall update the plan
157.13 biennially. The plan shall include:
157.14 (a) a description of state social service programs and
157.15 priorities;
157.16 (b) an overview of all county biennial community social
157.17 services plans;
157.18 (c) identification of social services program requirements
157.19 which counties have identified as unnecessarily administratively
157.20 burdensome;
157.21 (d) identification of social services program requirements
157.22 for which inadequate state and local funding is available; and
157.23 (e) identification of unmet needs reported by the county
157.24 agencies.
157.25 The commissioner shall consult with the heads of human
157.26 service related state departments and agencies in preparing the
157.27 coordination statement required by this subdivision.
157.28 Sec. 47. Minnesota Statutes 1996, section 256F.04,
157.29 subdivision 3, is amended to read:
157.30 Subd. 3. [MONITORING.] The commissioner shall design and
157.31 implement methods for monitoring the delivery and evaluating the
157.32 effectiveness of placement prevention and family reunification
157.33 services. The commissioner shall monitor the provision of
157.34 family-based services, and conduct evaluations, and prepare and
157.35 submit biannual reports to the legislature.
157.36 Sec. 48. Minnesota Statutes 1996, section 260.181,
158.1 subdivision 3a, is amended to read:
158.2 Subd. 3a. [REPORTS; JUVENILES PLACED OUT OF STATE.] (a)
158.3 Whenever a child is placed in a residential program located
158.4 outside of this state pursuant to a disposition order issued
158.5 under section 260.185 or 260.191, the juvenile court
158.6 administrator shall report the following information to the
158.7 state court administrator:
158.8 (1) the fact that the placement is out of state;
158.9 (2) the type of placement; and
158.10 (3) the reason for the placement.
158.11 (b) By July 1, 1994, and each year thereafter, the state
158.12 court administrator shall file a report with the legislature
158.13 containing the information reported under paragraph (a) during
158.14 the previous calendar year.
158.15 Sec. 49. Minnesota Statutes 1996, section 290.171, is
158.16 amended to read:
158.17 290.171 [ENACTMENT OF MULTISTATE TAX COMPACT.]
158.18 The "multistate tax compact" is hereby enacted into law to
158.19 the extent provided in this section and entered into with all
158.20 jurisdictions legally joining therein, in the form substantially
158.21 as follows:
158.22 Article I. Purposes.
158.23 The purposes of this compact are to:
158.24 1. Facilitate proper determination of state and local tax
158.25 liability of multistate taxpayers, including the equitable
158.26 apportionment of tax bases and settlement of apportionment
158.27 disputes.
158.28 2. Promote uniformity or compatibility in significant
158.29 components of tax systems.
158.30 3. Facilitate taxpayer convenience and compliance in the
158.31 filing of tax returns and in other phases of tax administration.
158.32 4. Avoid duplicative taxation.
158.33 Article II. Definitions.
158.34 As used in this compact:
158.35 1. "State" means a state of the United States, the
158.36 District of Columbia, the Commonwealth of Puerto Rico, or any
159.1 territory or possession of the United States.
159.2 2. "Subdivision" means any governmental unit or special
159.3 district of a state.
159.4 3. "Taxpayer" means any corporation, partnership, firm,
159.5 association, governmental unit or agency or person acting as a
159.6 business entity in more than one state.
159.7 4. "Income tax" means a tax imposed on or measured by net
159.8 income including any tax imposed on or measured by an amount
159.9 arrived at by deducting expenses from gross income, one or more
159.10 forms of which expenses are not specifically and directly
159.11 related to particular transactions.
159.12 5. "Capital stock tax" means a tax measured in any way by
159.13 the capital of a corporation considered in its entirety.
159.14 6. "Gross receipts tax" means a tax, other than a sales
159.15 tax, which is imposed on or measured by the gross volume of
159.16 business, in terms of gross receipts or in other terms, and in
159.17 the determination of which no deduction is allowed which would
159.18 constitute the tax an income tax.
159.19 7. "Sales tax" means a tax imposed with respect to the
159.20 transfer for a consideration of ownership, possession or custody
159.21 of tangible personal property or the rendering of services
159.22 measured by the price of the tangible personal property
159.23 transferred or services rendered and which is required by state
159.24 or local law to be separately stated from the sales price by the
159.25 seller, or which is customarily separately stated from the sales
159.26 price, but does not include a tax imposed exclusively on the
159.27 sale of a specifically identified commodity or article or class
159.28 of commodities or articles.
159.29 8. "Use tax" means a nonrecurring tax, other than a sales
159.30 tax, which (a) is imposed on or with respect to the exercise or
159.31 enjoyment of any right or power over tangible personal property
159.32 incident to the ownership, possession or custody of that
159.33 property or the leasing of that property from another including
159.34 any consumption, keeping, retention, or other use of tangible
159.35 personal property and (b) is complementary to a sales tax.
159.36 9. "Tax" means an income tax, capital stock tax, gross
160.1 receipts tax, sales tax, use tax, and any other tax which has a
160.2 multistate impact, except that the provisions of article V of
160.3 this compact shall apply only to the taxes specifically
160.4 designated therein.
160.5 Article III. Elements of Income Tax Laws.
160.6 Article IV. Division of Income.
160.7 Article V. Elements of Sales and Use Tax Laws.
160.8 Tax Credit.
160.9 1. Each purchaser liable for a use tax on tangible
160.10 personal property shall be entitled to full credit for the
160.11 combined amount or amounts of legally imposed sales or use taxes
160.12 paid by him with respect to the same property to another state
160.13 and any subdivision thereof. The credit shall be applied first
160.14 against the amount of any use tax due the state, and any unused
160.15 portion of the credit shall then be applied against the amount
160.16 of any use tax due a subdivision.
160.17 2. Whenever a vendor receives and accepts in good faith
160.18 from a purchaser a resale or other exemption certificate or
160.19 other written evidence of exemption authorized by the
160.20 appropriate state or subdivision taxing authority, the vendor
160.21 shall be relieved of liability for a sales or use tax with
160.22 respect to the transaction.
160.23 Article VI. The Commission.
160.24 Organization and Management.
160.25 1. (a) The multistate tax commission is hereby
160.26 established. It shall be composed of one "member" from each
160.27 party state who shall be the head of the state agency charged
160.28 with the administration of the types of taxes to which this
160.29 compact applies. If there is more than one such agency the
160.30 state shall provide by law for the selection of the commission
160.31 member from the heads of the relevant agencies. State law may
160.32 provide that a member of the commission be represented by an
160.33 alternate but only if there is on file with the commission
160.34 written notification of the designation and identity of the
160.35 alternate. The attorney general of each party state or his
160.36 designee, or other counsel if the laws of the party state
161.1 specifically provide, shall be entitled to attend the meetings
161.2 of the commission, but shall not vote. Such attorneys general,
161.3 designees, or other counsel shall receive all notices of
161.4 meetings required under paragraph 1(e) of this article.
161.5 (b) Each party state shall provide by law for the selection
161.6 of representatives from its subdivisions affected by this
161.7 compact to consult with the commission member from that state.
161.8 (c) Each member shall be entitled to one vote. The
161.9 commission shall not act unless a majority of the members are
161.10 present, and no action shall be binding unless approved by a
161.11 majority of the total number of members.
161.12 (d) The commission shall adopt an official seal to be used
161.13 as it may provide.
161.14 (e) The commission shall hold an annual meeting and such
161.15 other regular meetings as its bylaws may provide and such
161.16 special meetings as its executive committee may determine. The
161.17 commission bylaws shall specify the dates of the annual and any
161.18 other regular meetings, and shall provide for the giving of
161.19 notice of annual, regular and special meetings. Notices of
161.20 special meetings shall include the reasons therefor and an
161.21 agenda of the items to be considered.
161.22 (f) The commission shall elect annually, from among its
161.23 members, a chairman, a vice-chairman and a treasurer. The
161.24 commission shall appoint an executive director who shall serve
161.25 at its pleasure, and it shall fix his duties and compensation.
161.26 The executive director shall be secretary of the commission.
161.27 The commission shall make provision for the bonding of such of
161.28 its officers and employees as it may deem appropriate.
161.29 (g) Irrespective of the civil service, personnel or other
161.30 merit system laws of any party state, the executive director
161.31 shall appoint or discharge such personnel as may be necessary
161.32 for the performance of the functions of the commission and shall
161.33 fix their duties and compensation. The commission bylaws shall
161.34 provide for personnel policies and programs.
161.35 (h) The commission may borrow, accept or contract for the
161.36 services of personnel from any state, the United States, or any
162.1 other governmental entity.
162.2 (i) The commission may accept for any of its purposes and
162.3 functions any and all donations and grants of money, equipment,
162.4 supplies, materials and services, conditional or otherwise, from
162.5 any governmental entity, and may utilize and dispose of the same.
162.6 (j) The commission may establish one or more offices for
162.7 the transacting of its business.
162.8 (k) The commission shall adopt bylaws for the conduct of
162.9 its business. The commission shall publish its bylaws in
162.10 convenient form, and shall file a copy of the bylaws and any
162.11 amendments thereto with the appropriate agency or officer in
162.12 each of the party states.
162.13 (l) The commission annually shall make to the governor and
162.14 legislature of each party state a report covering its activities
162.15 for the preceding year. Any donation or grant accepted by the
162.16 commission or services borrowed shall be reported in the annual
162.17 report of the commission, and shall include the nature, amount
162.18 and conditions, if any, of the donation, gift, grant or services
162.19 borrowed and the identity of the donor or lender. The
162.20 commission may make additional reports as it may deem desirable.
162.21 Committees.
162.22 2. (a) To assist in the conduct of its business when the
162.23 full commission is not meeting, the commission shall have an
162.24 executive committee of seven members, including the chairman,
162.25 vice chairman, treasurer and four other members elected annually
162.26 by the commission. The executive committee, subject to the
162.27 provisions of this compact and consistent with the policies of
162.28 the commission, shall function as provided in the bylaws of the
162.29 commission.
162.30 (b) The commission may establish advisory and technical
162.31 committees, membership on which may include private persons and
162.32 public officials, in furthering any of its activities. Such
162.33 committees may consider any matter of concern to the commission,
162.34 including problems of special interest to any party state and
162.35 problems dealing with particular types of taxes.
162.36 (c) The commission may establish such additional committees
163.1 as its bylaws may provide.
163.2 Powers.
163.3 3. In addition to powers conferred elsewhere in this
163.4 compact, the commission shall have power to:
163.5 (a) Study state and local tax systems and particular types
163.6 of state and local taxes.
163.7 (b) Develop and recommend proposals for an increase in
163.8 uniformity or compatibility of state and local tax laws with a
163.9 view toward encouraging the simplification and improvement of
163.10 state and local tax law and administration.
163.11 (c) Compile and publish information as in its judgment
163.12 would assist the party states in implementation of the compact
163.13 and taxpayers in complying with state and local tax laws.
163.14 (d) Do all things necessary and incidental to the
163.15 administration of its functions pursuant to this compact.
163.16 Finance.
163.17 4. (a) The commission shall submit to the governor or
163.18 designated officer or officers of each party state a budget of
163.19 its estimated expenditures for such period as may be required by
163.20 the laws of that state for presentation to the legislature
163.21 thereof.
163.22 (b) Each of the commission's budgets of estimated
163.23 expenditures shall contain specific recommendations of the
163.24 amounts to be appropriated by each of the party states. The
163.25 total amount of appropriations requested under any such budget
163.26 shall be apportioned among the party states as follows:
163.27 one-tenth in equal shares; and the remainder in proportion to
163.28 the amount of revenue collected by each party state and its
163.29 subdivisions from income taxes, capital stock taxes, gross
163.30 receipts taxes, sales and use taxes. In determining such
163.31 amounts, the commission shall employ such available public
163.32 sources of information as, in its judgment, present the most
163.33 equitable and accurate comparisons among the party states. Each
163.34 of the commission's budgets of estimated expenditures and
163.35 requests for appropriations shall indicate the sources used in
163.36 obtaining information employed in applying the formula contained
164.1 in this paragraph.
164.2 (c) The commission shall not pledge the credit of any party
164.3 state. The commission may meet any of its obligations in whole
164.4 or in part with funds available to it under paragraph 1(i) of
164.5 this article, provided that the commission takes specific action
164.6 setting aside such funds prior to incurring any obligation to be
164.7 met in whole or in part in such manner. Except where the
164.8 commission makes use of funds available to it under paragraph
164.9 1(i), the commission shall not incur any obligation prior to the
164.10 allotment of funds by the party states adequate to meet the same.
164.11 (d) The commission shall keep accurate accounts of all
164.12 receipts and disbursements. The receipts and disbursements of
164.13 the commission shall be subject to the audit and accounting
164.14 procedures established under its bylaws. All receipts and
164.15 disbursements of funds handled by the commission shall be
164.16 audited yearly by a certified or licensed public accountant and
164.17 the report of the audit shall be included in and become part of
164.18 the annual report of the commission.
164.19 (e) The accounts of the commission shall be open at any
164.20 reasonable time for inspection by duly constituted officers of
164.21 the party states and by any persons authorized by the commission.
164.22 (f) Nothing contained in this article shall be construed to
164.23 prevent commission compliance with laws relating to audit or
164.24 inspection of accounts by or on behalf of any government
164.25 contributing to the support of the commission.
164.26 Article VII. Uniform Regulations and Forms.
164.27 1. Whenever any two or more party states, or subdivisions
164.28 of party states, have uniform or similar provisions of law
164.29 relating to an income tax, capital stock tax, gross receipts
164.30 tax, sales or use tax, the commission may adopt uniform
164.31 regulations for any phase of the administration of such law,
164.32 including assertion of jurisdiction to tax, or prescribing
164.33 uniform tax forms.
164.34 2. Prior to the adoption of any regulation, the commission
164.35 shall:
164.36 (a) As provided in its bylaws, hold at least one public
165.1 hearing on due notice to all affected party states and
165.2 subdivisions thereof and to all taxpayers and other persons who
165.3 have made timely request of the commission for advance notice of
165.4 its regulation-making proceedings.
165.5 (b) Afford all affected party states and subdivisions and
165.6 interested persons an opportunity to submit relevant written
165.7 data and views, which shall be considered fully by the
165.8 commission.
165.9 3. The commission shall submit any regulations adopted by
165.10 it to the appropriate officials of all party states and
165.11 subdivisions to which they might apply. Each such state and
165.12 subdivision shall consider any such regulation for adoption in
165.13 accordance with its own laws and procedures.
165.14 Article VIII. Interstate Audits.
165.15 1. Any party state or subdivision thereof desiring to make
165.16 or participate in an audit of any accounts, books, papers,
165.17 records or other documents may request the commission to perform
165.18 the audit on its behalf. In responding to the request, the
165.19 commission shall have access to and may examine, at any
165.20 reasonable time, such accounts, books, papers, records, and
165.21 other documents and any relevant property or stock of
165.22 merchandise. The commission may enter into agreements with
165.23 party states or their subdivisions for assistance in performance
165.24 of the audit. The commission shall make charges, to be paid by
165.25 the state or local government or governments for which it
165.26 performs the service, for any audits performed by it in order to
165.27 reimburse itself for the actual costs incurred in making the
165.28 audit.
165.29 2. The commission may require the attendance of any person
165.30 within the state where it is conducting an audit or part thereof
165.31 at a time and place fixed by it within such state for the
165.32 purpose of giving testimony with respect to any account, book,
165.33 paper, document, other record, property or stock of merchandise
165.34 being examined in connection with the audit. If the person is
165.35 not within the jurisdiction, he may be required to attend for
165.36 such purpose at any time and place fixed by the commission
166.1 within the state of which he is a resident, provided that such
166.2 state has adopted this article.
166.3 3. The commission may apply to any court having power to
166.4 issue compulsory process for orders in aid of its powers and
166.5 responsibilities pursuant to this article and any and all such
166.6 courts shall have jurisdiction to issue such orders. Failure of
166.7 any person to obey any such order shall be punishable as
166.8 contempt of the issuing court. If the party or subject matter
166.9 on account of which the commission seeks an order is within the
166.10 jurisdiction of the court to which application is made, such
166.11 application may be to a court in the state or subdivision on
166.12 behalf of which the audit is being made or a court in the state
166.13 in which the object of the order being sought is situated. The
166.14 provisions of this paragraph apply only to courts in a state
166.15 that has adopted this article.
166.16 4. The commission may decline to perform any audit
166.17 requested if it finds that its available personnel or other
166.18 resources are insufficient for the purpose or that, in the terms
166.19 requested, the audit is impracticable of satisfactory
166.20 performance. If the commission, on the basis of its experience,
166.21 has reason to believe that an audit of a particular taxpayer,
166.22 either at a particular time or on a particular schedule, would
166.23 be of interest to a number of party states or their
166.24 subdivisions, it may offer to make the audit or audits, the
166.25 offer to be contingent on sufficient participation therein as
166.26 determined by the commission.
166.27 5. Information obtained by any audit pursuant to this
166.28 article shall be confidential and available only for tax
166.29 purposes to party states, their subdivisions or the United
166.30 States. Availability of information shall be in accordance with
166.31 the laws of the states or subdivisions on whose account the
166.32 commission performs the audit, and only through the appropriate
166.33 agencies or officers of such states or subdivisions. Nothing in
166.34 this article shall be construed to require any taxpayer to keep
166.35 records for any period not otherwise required by law.
166.36 6. Other arrangements made or authorized pursuant to law
167.1 for cooperative audit by or on behalf of the party states or any
167.2 of their subdivisions are not superseded or invalidated by this
167.3 article.
167.4 7. In no event shall the commission make any charge
167.5 against a taxpayer for an audit.
167.6 8. As used in this article, "tax," in addition to the
167.7 meaning ascribed to it in article II, means any tax or license
167.8 fee imposed in whole or in part for revenue purposes.
167.9 Article IX. Arbitration.
167.10 1. Whenever the commission finds a need for settling
167.11 disputes concerning apportionments and allocations by
167.12 arbitration, it may adopt a regulation placing this article in
167.13 effect, notwithstanding the provisions of article VII.
167.14 2. The commission shall select and maintain an arbitration
167.15 panel composed of officers and employees of state and local
167.16 governments and private persons who shall be knowledgeable and
167.17 experienced in matters of tax law and administration.
167.18 3. Whenever the laws of the party states or subdivisions
167.19 thereof are substantially identical with the relevant provisions
167.20 of this chapter, the taxpayer, by written notice to the
167.21 commission and to each party state or subdivision thereof that
167.22 would be affected, may secure arbitration of an apportionment or
167.23 allocation, if he is dissatisfied with the final administrative
167.24 determination of the tax agency of the state or subdivision with
167.25 respect thereto on the ground that it would subject him to
167.26 double or multiple taxation by two or more party states or
167.27 subdivisions thereof. Each party state and subdivision thereof
167.28 hereby consents to the arbitration as provided herein, and
167.29 agrees to be bound thereby.
167.30 4. The arbitration board shall be composed of one person
167.31 selected by the taxpayer, one by the agency or agencies
167.32 involved, and one member of the commission's arbitration panel.
167.33 If the agencies involved are unable to agree on the person to be
167.34 selected by them, such person shall be selected by lot from the
167.35 total membership of the arbitration panel. The two persons
167.36 selected for the board in the manner provided by the foregoing
168.1 provisions of this paragraph shall jointly select the third
168.2 member of the board. If they are unable to agree on the
168.3 selection, the third member shall be selected by lot from among
168.4 the total membership of the arbitration panel. No member of a
168.5 board selected by lot shall be qualified to serve if he is an
168.6 officer or employee or is otherwise affiliated with any party to
168.7 the arbitration proceeding. Residence within the jurisdiction
168.8 of a party to the arbitration proceeding shall not constitute
168.9 affiliation within the meaning of this paragraph.
168.10 5. The board may sit in any state or subdivision party to
168.11 the proceeding, in the state of the taxpayer's incorporation,
168.12 residence or domicile, in any state where the taxpayer does
168.13 business, or in any place that it finds most appropriate for
168.14 gaining access to evidence relevant to the matter before it.
168.15 6. The board shall give due notice of the times and places
168.16 of its hearings. The parties shall be entitled to be heard, to
168.17 present evidence, and to examine and cross-examine witnesses.
168.18 The board shall act by majority vote.
168.19 7. The board shall have power to administer oaths, take
168.20 testimony, subpoena and require the attendance of witnesses and
168.21 the production of accounts, books, papers, records, and other
168.22 documents, and issue commissions to take testimony. Subpoenas
168.23 may be signed by any member of the board. In case of failure to
168.24 obey a subpoena, and upon application by the board, any judge of
168.25 a court of competent jurisdiction of the state in which the
168.26 board is sitting or in which the person to whom the subpoena is
168.27 directed may be found may make an order requiring compliance
168.28 with the subpoena, and the court may punish failure to obey the
168.29 order as a contempt. The provisions of this paragraph apply
168.30 only in states that have adopted this article.
168.31 8. Unless the parties otherwise agree the expenses and
168.32 other costs of the arbitration shall be assessed and allocated
168.33 among the parties by the board in such manner as it may
168.34 determine. The commission shall fix a schedule of compensation
168.35 for members of arbitration boards and of other allowable
168.36 expenses and costs. No officer or employee of a state or local
169.1 government who serves as a member of a board shall be entitled
169.2 to compensation therefor unless he is required on account of his
169.3 service to forego the regular compensation attaching to his
169.4 public employment, but any such board member shall be entitled
169.5 to expenses.
169.6 9. The board shall determine the disputed apportionment or
169.7 allocation and any matters necessary thereto. The
169.8 determinations of the board shall be final for purposes of
169.9 making the apportionment or allocation, but for no other purpose.
169.10 10. The board shall file with the commission and with each
169.11 tax agency represented in the proceeding: the determination of
169.12 the board; the board's written statement of its reasons
169.13 therefor; the record of the board's proceedings; and any other
169.14 documents required by the arbitration rules of the commission to
169.15 be filed.
169.16 11. The commission shall publish the determinations of
169.17 boards together with the statements of the reasons therefor.
169.18 12. The commission shall adopt and publish rules of
169.19 procedure and practice and shall file a copy of such rules and
169.20 of any amendment thereto with the appropriate agency or officer
169.21 in each of the party states.
169.22 13. Nothing contained herein shall prevent at any time a
169.23 written compromise of any matter or matters in dispute, if
169.24 otherwise lawful, by the parties to the arbitration proceedings.
169.25 Article X. Entry Into Force and Withdrawal.
169.26 1. This compact shall become effective as to any other
169.27 state upon its enactment. The commission shall arrange for
169.28 notification of all party states whenever there is a new
169.29 enactment of the compact.
169.30 2. Any party state may withdraw from this compact by
169.31 enacting a statute repealing the same. No withdrawal shall
169.32 affect any liability already incurred by or chargeable to a
169.33 party state prior to the time of such withdrawal.
169.34 3. No proceeding commenced before an arbitration board
169.35 prior to the withdrawal of a state and to which the withdrawing
169.36 state or any subdivision thereof is a party shall be
170.1 discontinued or terminated by the withdrawal, nor shall the
170.2 board thereby lose jurisdiction over any of the parties to the
170.3 proceeding necessary to make a binding determination therein.
170.4 Article XI. Effect on Other Laws and Jurisdictions.
170.5 Nothing in this compact shall be construed to:
170.6 (a) Affect the power of any state or subdivision thereof to
170.7 fix rates of taxation.
170.8 (b) Apply to any tax or fixed fee imposed for the
170.9 registration of a motor vehicle or any tax on motor fuel, other
170.10 than a sales tax, provided that the definition of "tax" in
170.11 article VIII 9 may apply for the purposes of that article and
170.12 the commission's powers of study and recommendation pursuant to
170.13 article VI 3 may apply.
170.14 (c) Withdraw or limit the jurisdiction of any state or
170.15 local court or administrative officer or body with respect to
170.16 any person, corporation or other entity or subject matter,
170.17 except to the extent that such jurisdiction is expressly
170.18 conferred by or pursuant to this compact upon another agency or
170.19 body.
170.20 (d) Supersede or limit the jurisdiction of any court of the
170.21 United States.
170.22 Article XII. Construction and Severability.
170.23 This compact shall be liberally construed so as to
170.24 effectuate the purposes thereof. The provisions of this compact
170.25 shall be severable and if any phrase, clause, sentence, or
170.26 provision of this compact is declared to be contrary to the
170.27 constitution of any state or of the United States or the
170.28 applicability thereof to any government, agency, person or
170.29 circumstance is held invalid, the validity of the remainder of
170.30 this compact and the applicability thereof to any government,
170.31 agency, person or circumstance shall not be affected thereby.
170.32 If this compact shall be held contrary to the constitution of
170.33 any state participating therein, the compact shall remain in
170.34 full force and effect as to the remaining party states and in
170.35 full force and effect as to the state affected as to all
170.36 severable matters.
171.1 Sec. 50. Minnesota Statutes 1996, section 299F.051,
171.2 subdivision 3, is amended to read:
171.3 Subd. 3. [IN-SERVICE TRAINING.] The state fire marshal and
171.4 the superintendent of the bureau of criminal apprehension, in
171.5 cooperation with the Minnesota board of peace officer standards
171.6 and training, shall encourage the establishment of in-service
171.7 and refresher training for firefighters and peace officers
171.8 through schools administered by the state, county, school
171.9 district, municipality, or joint or contractual combinations
171.10 thereof. The Minnesota board of peace officers standards and
171.11 training shall report to the governor and legislature on the
171.12 progress made in this effort as provided in section 626.843.
171.13 Sec. 51. Minnesota Statutes 1996, section 360.015,
171.14 subdivision 17, is amended to read:
171.15 Subd. 17. [REPORT TO GOVERNOR.] On or before October 1 in
171.16 every even-numbered year the commissioner shall make to the
171.17 governor a full report of the proceedings of the department for
171.18 the preceding two fiscal years, together with the commissioner's
171.19 recommendations pertaining to the affairs of the department.
171.20 The governor shall transmit this report to the legislature by
171.21 November 15 of each even-numbered year.
171.22 Sec. 52. Minnesota Statutes 1996, section 363.05,
171.23 subdivision 1, is amended to read:
171.24 Subdivision 1. [FORMULATION OF POLICIES.] The commissioner
171.25 shall formulate policies to effectuate the purposes of this
171.26 chapter and shall:
171.27 (1) exercise leadership under the direction of the governor
171.28 in the development of human rights policies and programs, and
171.29 make recommendations to the governor and the legislature for
171.30 their consideration and implementation;
171.31 (2) establish and maintain a principal office in St. Paul,
171.32 and any other necessary branch offices at any location within
171.33 the state;
171.34 (3) meet and function at any place within the state;
171.35 (4) employ attorneys, clerks, and other employees and
171.36 agents as the commissioner may deem necessary and prescribe
172.1 their duties;
172.2 (5) to the extent permitted by federal law and regulation,
172.3 utilize the records of the department of economic security of
172.4 the state when necessary to effectuate the purposes of this
172.5 chapter;
172.6 (6) obtain upon request and utilize the services of all
172.7 state governmental departments and agencies;
172.8 (7) adopt suitable rules for effectuating the purposes of
172.9 this chapter;
172.10 (8) issue complaints, receive and investigate charges
172.11 alleging unfair discriminatory practices, and determine whether
172.12 or not probable cause exists for hearing;
172.13 (9) subpoena witnesses, administer oaths, take testimony,
172.14 and require the production for examination of any books or
172.15 papers relative to any matter under investigation or in
172.16 question;
172.17 (10) attempt, by means of education, conference,
172.18 conciliation, and persuasion to eliminate unfair discriminatory
172.19 practices as being contrary to the public policy of the state;
172.20 (11) develop and conduct programs of formal and informal
172.21 education designed to eliminate discrimination and intergroup
172.22 conflict by use of educational techniques and programs the
172.23 commissioner deems necessary;
172.24 (12) make a written report of the activities of the
172.25 commissioner to the governor each year and to the legislature by
172.26 November 15 of each even-numbered year;
172.27 (13) accept gifts, bequests, grants or other payments
172.28 public and private to help finance the activities of the
172.29 department;
172.30 (14) create such local and statewide advisory committees as
172.31 will in the commissioner's judgment aid in effectuating the
172.32 purposes of the department of human rights;
172.33 (15) develop such programs as will aid in determining the
172.34 compliance throughout the state with the provisions of this
172.35 chapter, and in the furtherance of such duties, conduct research
172.36 and study discriminatory practices based upon race, color,
173.1 creed, religion, national origin, sex, age, disability, marital
173.2 status, status with regard to public assistance, familial
173.3 status, sexual orientation, or other factors and develop
173.4 accurate data on the nature and extent of discrimination and
173.5 other matters as they may affect housing, employment, public
173.6 accommodations, schools, and other areas of public life;
173.7 (16) develop and disseminate technical assistance to
173.8 persons subject to the provisions of this chapter, and to
173.9 agencies and officers of governmental and private agencies;
173.10 (17) provide staff services to such advisory committees as
173.11 may be created in aid of the functions of the department of
173.12 human rights;
173.13 (18) make grants in aid to the extent that appropriations
173.14 are made available for that purpose in aid of carrying out
173.15 duties and responsibilities; and
173.16 (19) cooperate and consult with the commissioner of labor
173.17 and industry regarding the investigation of violations of, and
173.18 resolution of complaints regarding section 363.03, subdivision 9.
173.19 In performing these duties, the commissioner shall give
173.20 priority to those duties in clauses (8), (9), and (10) and to
173.21 the duties in section 363.073.
173.22 Sec. 53. Minnesota Statutes 1996, section 383A.43,
173.23 subdivision 6, is amended to read:
173.24 Subd. 6. [MINUTES; REPORTS TO LEGISLATURE.] The committee
173.25 shall keep minutes of its meetings which are open to the
173.26 public. It shall make a periodic report to members of the
173.27 delegation from the county in the legislature and shall keep
173.28 them fully informed on each matter that comes before the
173.29 committee, the action taken thereon, and the progress made in
173.30 relation thereto. At least 30 days before each biennial
173.31 legislative session, the committee shall make a written report
173.32 summarizing its activities, investigations, surveys and findings
173.33 of facts to the members of the legislature from the county and
173.34 to the public.
173.35 Sec. 54. Minnesota Statutes 1996, section 458A.08, is
173.36 amended to read:
174.1 458A.08 [COMMISSION; ANNUAL REPORTS.]
174.2 The commission on or before November 30, 1969, and annually
174.3 thereafter, shall prepare a report for the preceding fiscal
174.4 year, also, so far as practicable, for the further time up to
174.5 the preparation of the report, containing, in addition to such
174.6 other matters as the commission may deem proper, the following:
174.7 (a) the activities of the commission during the period
174.8 covered by the report;
174.9 (b) the financial condition of public transit systems under
174.10 the control of the commission;
174.11 (c) a complete financial accounting of moneys received and
174.12 spent by the commission during the fiscal year;
174.13 (d) recommendations for improvements of or additions to the
174.14 mass transit facilities of the area to provide adequate, speedy,
174.15 and efficient means of transporting people therein;
174.16 (e) recommendations for any needed legislation in
174.17 furtherance of the aforesaid purposes.
174.18 Each report shall be filed with the secretary of the
174.19 commission and a copy shall be filed with the secretary of
174.20 state. Copies shall also be submitted to the legislature at the
174.21 opening of each regular session after July 1, 1969, and shall be
174.22 distributed annually to the governor and to each member of the
174.23 legislature under section 3.195, each county commission, and
174.24 each elected chief executive of each municipality in the transit
174.25 area.
174.26 Sec. 55. Minnesota Statutes 1996, section 462A.07,
174.27 subdivision 7, is amended to read:
174.28 Subd. 7. [RECOMMENDATIONS TO GOVERNOR AND LEGISLATURE.] It
174.29 may survey and investigate the housing conditions and needs,
174.30 both urban and rural, throughout the state and make
174.31 recommendations to the governor and the legislature as to
174.32 legislation and other measures necessary or advisable to
174.33 alleviate any existing housing shortage in the state.
174.34 Sec. 56. Minnesota Statutes 1996, section 473.1623,
174.35 subdivision 3, is amended to read:
174.36 Subd. 3. [FINANCIAL REPORT.] By December 15 of
175.1 even-numbered years, the council, in consultation with the
175.2 advisory committee, shall publish a consolidated financial
175.3 report for the council and all metropolitan agencies and their
175.4 functions, services, and systems. The financial report must
175.5 cover the calendar year in which the report is published and the
175.6 two years preceding and three years succeeding that year. The
175.7 financial report must contain the following information, for
175.8 each agency, function, or system, respectively, and in the
175.9 aggregate, in a consistent format that allows comparison over
175.10 time and among agencies in expenditure and revenue categories:
175.11 (1) financial policies, goals, and priorities;
175.12 (2) levels and allocation of public expenditure, including
175.13 capital, debt, operating, and pass-through funds, stated in the
175.14 aggregate and by appropriate functional, programmatic,
175.15 administrative, and geographic categories, and the changes in
175.16 expenditure levels and allocations that the report represents;
175.17 (3) the resources available under existing fiscal policy;
175.18 (4) additional resources, if any, that are or may be
175.19 required;
175.20 (5) changes in council or agency policies on regional
175.21 sources of revenue and in levels of debt, user charges, and
175.22 taxes;
175.23 (6) other changes in existing fiscal policy, on regional
175.24 revenues and intergovernmental aids respectively, that are
175.25 expected or that have been or may be recommended by the council
175.26 or the respective agencies;
175.27 (7) an analysis that links, as far as practicable, the uses
175.28 of funds and the sources of funds, by appropriate categories and
175.29 in the aggregate;
175.30 (8) a description of how the fiscal policies effectuate
175.31 current policy and implementation plans of the council and
175.32 agencies concerned; and
175.33 (9) a summary of significant changes in council and agency
175.34 finance and an analysis of fiscal trends.
175.35 The council shall present the report for discussion and
175.36 comment at a public meeting in the metropolitan area and
176.1 request, in writing, an opportunity to make presentations on the
176.2 report before appropriate committees of the legislature.
176.3 Sec. 57. Minnesota Statutes 1996, section 473.1623,
176.4 subdivision 4, is amended to read:
176.5 Subd. 4. [FINANCIAL REPORTING; BUDGETING.] The advisory
176.6 committee, with the assistance of the state auditor and the
176.7 legislative auditor, shall develop uniform or consistent
176.8 standards, formats, and procedures for the budgets and financial
176.9 reports of the council and all metropolitan agencies. The
176.10 council shall report to the legislature from time to time on
176.11 progress made by the committee in improving the uniformity and
176.12 quality of budgets and financial reports and on legislation that
176.13 may be needed for this purpose.
176.14 Sec. 58. Minnesota Statutes 1996, section 473.1623,
176.15 subdivision 5, is amended to read:
176.16 Subd. 5. [ADMINISTRATIVE COORDINATION.] The advisory
176.17 committee shall evaluate the benefits, costs, methods, and
176.18 effects, including operational effects, of joint or uniform and
176.19 coordinated exercise of powers by the council and metropolitan
176.20 agencies for appropriate administrative functions. The study
176.21 must include at least ongoing managerial reporting, contracts,
176.22 purchasing, data processing, and personnel. The council shall
176.23 report to the legislature from time to time on the findings and
176.24 recommendations of the advisory committee to date and on legal
176.25 and other impediments to increased coordination of
176.26 administrative functions. Before submitting the report, the
176.27 council shall request comments on the report from the affected
176.28 metropolitan agencies, and the comments must be submitted along
176.29 with the report.
176.30 Sec. 59. Minnesota Statutes 1996, section 473.3994,
176.31 subdivision 9, is amended to read:
176.32 Subd. 9. [LIGHT RAIL TRANSIT OPERATING COSTS.] (a) Before
176.33 submitting an application for federal assistance for light rail
176.34 transit facilities in the metropolitan area, the applicant must
176.35 provide to the metropolitan council estimates of the amount of
176.36 operating subsidy which will be required to operate light rail
177.1 transit in the corridor to which the federal assistance would be
177.2 applied. The information provided to the council must indicate
177.3 the amount of operating subsidy estimated to be required in each
177.4 of the first ten years of operation of the light rail transit
177.5 facility.
177.6 (b) The council must review and evaluate the information
177.7 provided under paragraph (a) with regard to the effect of
177.8 operating the light rail transit facility on the currently
177.9 available mechanisms for financing transit in the metropolitan
177.10 area.
177.11 (c) The council must present its evaluation to the
177.12 transportation and taxes committees of the house and senate, to
177.13 the appropriations committee of the house and the finance
177.14 committee of the senate, to the local government and
177.15 metropolitan affairs committee of the house, and to the
177.16 metropolitan affairs committee of the senate.
177.17 Sec. 60. Minnesota Statutes 1996, section 473.598,
177.18 subdivision 3, is amended to read:
177.19 Subd. 3. [COMMISSION PROPOSAL.] (a) If the commission
177.20 makes a final determination to acquire the basketball and hockey
177.21 arena, the commission may then submit to the metropolitan
177.22 council a proposal to bond for and acquire the basketball and
177.23 hockey arena. The commission's proposal shall contain all
177.24 information deemed appropriate or necessary by the council to
177.25 its determinations pursuant to section 473.599, subdivision 4.
177.26 The commission, in preparing the proposal for the council, shall
177.27 require of the sellers and of the professional teams that are
177.28 potential lessees or other potential lessees and all of their
177.29 affiliated entities any and all data relevant to the
177.30 acquisition, financing, ownership, and operation of the
177.31 basketball and hockey arena, including, but not limited to,
177.32 contracts, agreements, profit and loss statements, annual audit
177.33 statements and balance sheets. The commission shall contract
177.34 with an independent, nationally recognized firm of certified
177.35 public accountants to perform due diligence and provide an
177.36 economic feasibility study or report with regard to the data
178.1 received by the commission from the sellers, the potential
178.2 lessees, and affiliated entities. In evaluating whether to
178.3 acquire the basketball and hockey arena, the commission shall
178.4 consider among other factors, (a) total capital and operating
178.5 costs of the basketball and hockey arena to the commission and
178.6 total commission revenues from the basketball and hockey arena
178.7 over the expected life of the facility, including any
178.8 contributions by the state, local units of government or other
178.9 organizations, (b) the total governmental costs associated with
178.10 the acquisition and operation of the basketball and hockey
178.11 arena, including the cost to all units and agencies of
178.12 government as well as the costs to the commission, (c) the net
178.13 gain or loss of taxes to the state and all local government
178.14 units, and (d) economic and other benefits accruing to the
178.15 public.
178.16 (b) Before submitting its proposal to the metropolitan
178.17 council under paragraph (a), the commission shall submit the
178.18 proposal to the legislative auditor and the department of
178.19 finance for review, evaluation, and comment. The legislative
178.20 auditor shall present the evaluation and comments to the
178.21 legislative audit commission. Both the legislative auditor and
178.22 the commissioner of finance shall present their evaluation and
178.23 comments to the chairs of the house taxes, and ways and means
178.24 committees, to the chair of the state government finance
178.25 division of the house governmental operations committee, and to
178.26 the chairs of the senate taxes and finance committees. Any data
178.27 which is not public data under subdivision 4 shall remain not
178.28 public data when given to the legislative auditor or the
178.29 department of finance.
178.30 Sec. 61. Minnesota Statutes 1996, section 609.101,
178.31 subdivision 4, is amended to read:
178.32 Subd. 4. [MINIMUM FINES; OTHER CRIMES.] Notwithstanding
178.33 any other law:
178.34 (1) when a court sentences a person convicted of a felony
178.35 that is not listed in subdivision 2 or 3, it must impose a fine
178.36 of not less than 30 percent of the maximum fine authorized by
179.1 law nor more than the maximum fine authorized by law; and
179.2 (2) when a court sentences a person convicted of a gross
179.3 misdemeanor or misdemeanor that is not listed in subdivision 2,
179.4 it must impose a fine of not less than 30 percent of the maximum
179.5 fine authorized by law nor more than the maximum fine authorized
179.6 by law, unless the fine is set at a lower amount on a uniform
179.7 fine schedule established by the conference of chief judges in
179.8 consultation with affected state and local agencies. This
179.9 schedule shall be promulgated and reported to the legislature
179.10 not later than January 1 of each year and shall become effective
179.11 on August 1 of that year unless the legislature, by law,
179.12 provides otherwise.
179.13 The minimum fine required by this subdivision is in
179.14 addition to the surcharge or assessment required by subdivision
179.15 1 and is in addition to any sentence of imprisonment or
179.16 restitution imposed or ordered by the court.
179.17 The court shall collect the fines mandated in this
179.18 subdivision and, except for fines for traffic and motor vehicle
179.19 violations governed by section 169.871 and section 299D.03 and
179.20 fish and game violations governed by section 97A.065, forward 20
179.21 percent of the revenues to the state treasurer for deposit in
179.22 the general fund.
179.23 Sec. 62. Minnesota Statutes 1996, section 611.216,
179.24 subdivision 3, is amended to read:
179.25 Subd. 3. [REPORT.] Each corporation shall submit reports
179.26 showing, at a minimum, the number of clients served, the number
179.27 of charges brought, the number of cases of each kind, such as
179.28 felonies, gross misdemeanors, misdemeanors, and juvenile
179.29 delinquencies, the number of dispositions of each kind, such as
179.30 jury trials, court trials, guilty pleas, and dismissals, the
179.31 number of court appearances, and financial data. This
179.32 information must be summarized for each corporation in the
179.33 budget documents submitted to the legislature.
179.34 Sec. 63. Minnesota Statutes 1996, section 611.25,
179.35 subdivision 3, is amended to read:
179.36 Subd. 3. [DUTIES.] The state public defender shall prepare
180.1 a biennial report to the board and a report to the governor, the
180.2 legislature, and the supreme court on the operation of the state
180.3 public defender's office, district defender systems, and public
180.4 defense corporations. The biennial report is due on or before
180.5 the beginning of the legislative session following the end of
180.6 the biennium. The state public defender may require the
180.7 reporting of statistical data, budget information, and other
180.8 cost factors by the chief district public defenders and
180.9 appointed counsel systems. The state public defender shall
180.10 design and conduct programs for the training of all state and
180.11 district public defenders, appointed counsel, and attorneys for
180.12 public defense corporations funded under section 611.26. The
180.13 state public defender shall establish policies and procedures to
180.14 administer the district public defender system, consistent with
180.15 standards adopted by the state board of public defense.
180.16 Sec. 64. Minnesota Statutes 1996, section 611A.56,
180.17 subdivision 1, is amended to read:
180.18 Subdivision 1. [DUTIES.] In addition to carrying out any
180.19 duties specified elsewhere in sections 611A.51 to 611A.68 or in
180.20 other law, the board shall:
180.21 (a) provide all claimants with an opportunity for hearing
180.22 pursuant to chapter 14;
180.23 (b) adopt rules to implement and administer sections
180.24 611A.51 to 611A.68, including rules governing the method of
180.25 practice and procedure before the board, prescribing the manner
180.26 in which applications for reparations shall be made, and
180.27 providing for discovery proceedings;
180.28 (c) publicize widely the availability of reparations and
180.29 the method of making claims; and
180.30 (d) prepare and transmit annually to the governor, and the
180.31 commissioner of public safety, and the legislature a report of
180.32 its activities including the number of claims awarded, a brief
180.33 description of the facts in each case, the amount of reparation
180.34 awarded, and a statistical summary of claims and awards made and
180.35 denied.
180.36 Sec. 65. Minnesota Statutes 1996, section 626.843,
181.1 subdivision 3, is amended to read:
181.2 Subd. 3. [BOARD AUTHORITY.] The board may, in addition:
181.3 (a) Recommend studies, surveys, and reports to be made by
181.4 the executive director regarding the carrying out of the
181.5 objectives and purposes of sections 626.841 to 626.855;
181.6 (b) Visit and inspect any peace officer training school
181.7 approved by the executive director or for which application for
181.8 such approval has been made;
181.9 (c) Make recommendations, from time to time, to the
181.10 executive director, attorney general, and the governor, and the
181.11 legislature regarding the carrying out of the objectives and
181.12 purposes of sections 626.841 to 626.855;
181.13 (d) Perform such other acts as may be necessary or
181.14 appropriate to carry out the powers and duties of the board as
181.15 set forth in sections 626.841 to 626.855;
181.16 (e) Cooperate with and receive financial assistance from
181.17 and join in projects or enter into contracts with the federal
181.18 government or its agencies for the furtherance of the purposes
181.19 of Laws 1977, chapter 433.
181.20 Sec. 66. Minnesota Statutes 1996, section 626.845,
181.21 subdivision 1, is amended to read:
181.22 Subdivision 1. [POWERS AND DUTIES.] The board shall have
181.23 the following powers and duties:
181.24 (a) To certify peace officers' training schools or programs
181.25 administered by state, county and municipalities located within
181.26 this state in whole or in part no later than 90 days after
181.27 receipt of an application for certification. The reasons for
181.28 noncertification of any school or program or part thereof shall
181.29 be transmitted to the school within 90 days and shall contain a
181.30 detailed explanation of the reasons for which the school or
181.31 program was disapproved and an explanation of what supporting
181.32 material or other requirements are necessary for the board to
181.33 reconsider. Disapproval of a school or program shall not
181.34 preclude the reapplication for certification of the school or
181.35 program;
181.36 (b) To issue certificates to schools, and to revoke such
182.1 certification when necessary to maintain the objectives and
182.2 purposes of sections 626.841 to 626.855;
182.3 (c) To certify, as qualified, instructors at peace officer
182.4 training schools, and to issue appropriate certificates to such
182.5 instructors;
182.6 (d) To license peace officers who have satisfactorily
182.7 completed certified basic training programs, and passed
182.8 examinations as required by the board;
182.9 (e) To cause studies and surveys to be made relating to the
182.10 establishment, operation, and approval of state, county, and
182.11 municipal peace officer training schools;
182.12 (f) To consult and cooperate with state, county, and
182.13 municipal peace officer training schools for the development of
182.14 in-service training programs for peace officers;
182.15 (g) To consult and cooperate with universities, colleges,
182.16 and technical colleges for the development of specialized
182.17 courses of instruction and study in the state for peace officers
182.18 and part-time peace officers in police science and police
182.19 administration;
182.20 (h) To consult and cooperate with other departments and
182.21 agencies of the state and federal government concerned with
182.22 peace officer standards and training;
182.23 (i) To perform such other acts as may be necessary and
182.24 appropriate to carry out the powers and duties as set forth in
182.25 the provisions of sections 626.841 to 626.855;
182.26 (j) To coordinate the provision, on a regional basis, of
182.27 skills oriented basic training courses to graduates of certified
182.28 law enforcement training schools or programs;
182.29 (k) To obtain criminal conviction data for persons seeking
182.30 a license to be issued or possessing a license issued by the
182.31 board. The board shall have authority to obtain criminal
182.32 conviction data to the full extent that any other law
182.33 enforcement agency, as that term is defined by state or federal
182.34 law, has to obtain the data;
182.35 (l) To prepare and transmit annually to the governor and
182.36 the legislature a report of its activities with respect to
183.1 allocation of moneys appropriated to it for peace officers
183.2 training, including the name and address of each recipient of
183.3 money for that purpose, the amount awarded, and the purpose of
183.4 the award;
183.5 (m) To assist and cooperate with any political subdivision
183.6 or state law enforcement agency which employs persons licensed
183.7 by the board to establish written procedures for the
183.8 investigation and resolution of allegations of misconduct of
183.9 persons licensed by the board, and to enforce licensing
183.10 sanctions for failure to implement such procedures; and
183.11 (n) To assist and cooperate with political subdivisions and
183.12 state law enforcement agencies that employ persons licensed by
183.13 the board in establishing written procedures to govern the
183.14 conduct of peace officers who are in pursuit of a vehicle in
183.15 violation of section 609.487, and requirements for the training
183.16 of peace officers in conducting pursuits. The board may impose
183.17 licensing sanctions for failure to establish pursuit procedures
183.18 and training requirements by October 1, 1989.
183.19 Sec. 67. [REPEALER.]
183.20 Minnesota Statutes 1996, sections 3.922, subdivision 9;
183.21 15.475; 16B.87, subdivision 4; 17.452, subdivision 3; 116D.11,
183.22 subdivision 4; 126.78, subdivision 5; 144.95, subdivision 9;
183.23 145A.12, subdivision 6; 148.578; 174.23, subdivision 5; 196.22,
183.24 subdivision 4; 246.57, subdivision 2; 254B.03, subdivision 8;
183.25 256B.04, subdivision 11; 256B.0629, subdivision 3; 256F.11,
183.26 subdivision 3; 256F.12, subdivision 5; 260.152, subdivision 7;
183.27 325F.98; 388.24, subdivision 5; 494.05, subdivision 3; 611.27,
183.28 subdivision 14; and 611A.75, are repealed.
183.29 PART B
183.30 Sec. 68. Minnesota Statutes 1996, section 14.62,
183.31 subdivision 3, is amended to read:
183.32 Subd. 3. [AWARD OF FEES AND OTHER EXPENSES.] Fees and
183.33 expenses must be awarded as provided in sections 15.471 to
183.34 15.475 15.474.
183.35 Sec. 69. Minnesota Statutes 1996, section 15.471,
183.36 subdivision 1, is amended to read:
184.1 Subdivision 1. [TERMS DEFINED.] For purposes of this
184.2 section and sections 15.471 to 15.475 15.474, the terms defined
184.3 in this section have the meanings given them.
184.4 Sec. 70. Minnesota Statutes 1996, section 270A.09,
184.5 subdivision 3, is amended to read:
184.6 Subd. 3. [CONTESTED CASE; FINAL DECISION.] The report of
184.7 the administrative law judge shall contain a decision and order,
184.8 which constitute the final decision in the contested case. A
184.9 copy of the decision and order shall be served by first class
184.10 mail upon each party, the commissioner of revenue, and the
184.11 attorney general. Fees and expenses may be awarded as provided
184.12 in sections 15.471 to 15.475 15.474. The provisions for
184.13 judicial review under sections 14.63 to 14.68 apply to decisions
184.14 of the administrative law judge under this subdivision.
184.15 Sec. 71. Minnesota Statutes 1996, section 325F.84,
184.16 subdivision 1, is amended to read:
184.17 Subdivision 1. [APPLICABILITY.] As used in sections
184.18 325F.84 to 325F.98 325F.97, the following terms have the
184.19 meanings given them.
184.20 PART C
184.21 Sec. 72. [RETROACTIVE EFFECTIVE DATE.]
184.22 Sections 2 to 71 are effective retroactive to October 15,
184.23 1995.
184.24 ARTICLE 3
184.25 CHICANO/LATINO AFFAIRS COUNCIL
184.26 Section 1. Minnesota Statutes 1996, section 15.0591,
184.27 subdivision 2, is amended to read:
184.28 Subd. 2. [BODIES AFFECTED.] A member meeting the
184.29 qualifications in subdivision 1 must be appointed to the
184.30 following boards, commissions, advisory councils, task forces,
184.31 or committees:
184.32 (1) advisory council on battered women;
184.33 (2) advisory task force on the use of state facilities;
184.34 (3) alcohol and other drug abuse advisory council;
184.35 (4) board of examiners for nursing home administrators;
184.36 (5) board on aging;
185.1 (6) chiropractic examiners board;
185.2 (7) consumer advisory council on vocational rehabilitation;
185.3 (8) council on disability;
185.4 (9) council on affairs of Spanish-speaking Chicano/Latino
185.5 people;
185.6 (10) council on Black Minnesotans;
185.7 (11) dentistry board;
185.8 (12) department of economic security advisory council;
185.9 (13) higher education services office;
185.10 (14) housing finance agency;
185.11 (15) Indian advisory council on chemical dependency;
185.12 (16) medical practice board;
185.13 (17) medical policy directional task force on mental
185.14 health;
185.15 (18) Minnesota employment and economic development task
185.16 force;
185.17 (19) Minnesota office of citizenship and volunteer services
185.18 advisory committee;
185.19 (20) Minnesota state arts board;
185.20 (21) mortuary sciences advisory council;
185.21 (22) nursing board;
185.22 (23) optometry board;
185.23 (24) pharmacy board;
185.24 (25) physical therapists council;
185.25 (26) podiatry board;
185.26 (27) psychology board;
185.27 (28) veterans advisory committee.
185.28 Sec. 2. Minnesota Statutes 1996, section 15.441,
185.29 subdivision 1, is amended to read:
185.30 Subdivision 1. [STATE AGENCIES; BILINGUAL EMPLOYEES.]
185.31 Every state agency that is directly involved in furnishing
185.32 information or rendering services to the public and that serves
185.33 a substantial number of non-English-speaking people shall employ
185.34 enough qualified bilingual persons in public contact positions,
185.35 or enough interpreters to assist those in these positions, to
185.36 ensure provision of information and services in the language
186.1 spoken by a substantial number of non-English-speaking people.
186.2 The commissioner of administration shall determine the
186.3 application of this section to each state agency, in
186.4 consultation with the council on affairs of Spanish-speaking
186.5 Chicano/Latino people, groups representing other
186.6 non-English-speaking people, and the head of the agency. In
186.7 determining what constitutes a substantial number of
186.8 non-English-speaking people, the commissioner shall consider:
186.9 (1) the number of people served by the agency;
186.10 (2) the number of non-English-speaking people served by the
186.11 agency;
186.12 (3) the frequency with which non-English-speaking people
186.13 are served by the agency; and
186.14 (4) the extent to which information or services rendered by
186.15 the agency affect legal rights, privileges, or duties.
186.16 Sec. 3. Minnesota Statutes 1996, section 121.1601,
186.17 subdivision 3, is amended to read:
186.18 Subd. 3. [ADVISORY BOARD.] The commissioner shall
186.19 establish an advisory board composed of:
186.20 (1) eight superintendents, each of whom shall be selected
186.21 by the superintendents of the school districts located in whole
186.22 or in part within each of the eight metropolitan districts
186.23 established under section 473.123, subdivision 3c; and
186.24 (2) one person each selected by the Indian affairs council,
186.25 the council on Asian-Pacific Minnesotans, the council on Black
186.26 Minnesotans, and the Spanish Speaking Affairs council on affairs
186.27 of Chicano/Latino people.
186.28 The advisory board shall advise the office on complying
186.29 with the requirements under subdivision 1. The advisory board
186.30 may solicit comments from teachers, parents, students, and
186.31 interested community organizations and others.
186.32 Sec. 4. Minnesota Statutes 1996, section 148C.11,
186.33 subdivision 3, is amended to read:
186.34 Subd. 3. [FEDERALLY RECOGNIZED TRIBES; ETHNIC MINORITIES.]
186.35 (a) Alcohol and drug counselors licensed to practice alcohol and
186.36 drug counseling according to standards established by federally
187.1 recognized tribes, while practicing under tribal jurisdiction,
187.2 are exempt from the requirements of this chapter. In practicing
187.3 alcohol and drug counseling under tribal jurisdiction,
187.4 individuals licensed under that authority shall be afforded the
187.5 same rights, responsibilities, and recognition as persons
187.6 licensed pursuant to this chapter.
187.7 (b) The commissioner shall develop special licensing
187.8 criteria for issuance of a license to alcohol and drug
187.9 counselors who: (1) are members of ethnic minority groups; or
187.10 (2) are employed by private, nonprofit agencies, including
187.11 agencies operated by private, nonprofit hospitals, whose primary
187.12 agency service focus addresses ethnic minority populations.
187.13 These licensing criteria may differ from the licensing criteria
187.14 specified in section 148C.04. To develop these criteria, the
187.15 commissioner shall establish a committee comprised of but not
187.16 limited to representatives from the council on hearing impaired,
187.17 the council on affairs of Spanish-speaking Chicano/Latino
187.18 people, the council on Asian-Pacific Minnesotans, the council on
187.19 Black Minnesotans, and the Indian affairs council.
187.20 Sec. 5. Minnesota Statutes 1996, section 242.56,
187.21 subdivision 3, is amended to read:
187.22 Subd. 3. [ADVISORY GROUP.] The commissioner shall appoint
187.23 an advisory group to assist in selecting sites under this
187.24 section. The commissioner shall include among the members of
187.25 the group representatives of the following: the council on
187.26 Black Minnesotans, the council on the affairs of
187.27 Spanish-speaking Chicano/Latino people, the council on
187.28 Asian-Pacific Minnesotans, the Indian affairs council, the
187.29 commissioner of children, families, and learning, community
187.30 corrections officials, county corrections officials, the
187.31 association of counties, and the association of county probation
187.32 officers.
187.33 Sec. 6. Minnesota Statutes 1996, section 257.072,
187.34 subdivision 5, is amended to read:
187.35 Subd. 5. [MINORITY PLACEMENTS.] Beginning December 1,
187.36 1996, the commissioner shall provide to the Indian affairs
188.1 council, the council on affairs of Spanish-speaking
188.2 Chicano/Latino people, the council on Black Minnesotans, and the
188.3 council on Asian-Pacific Minnesotans the annual report required
188.4 under section 257.0725.
188.5 Sec. 7. Minnesota Statutes 1996, section 257.0755,
188.6 subdivision 1, is amended to read:
188.7 Subdivision 1. [CREATION.] One ombudsperson shall operate
188.8 independently from but in collaboration with each of the
188.9 following groups: the Indian affairs council,
188.10 the Spanish-Speaking affairs council on affairs of
188.11 Chicano/Latino people, the council on Black Minnesotans, and the
188.12 council on Asian-Pacific Minnesotans.
188.13 Sec. 8. Minnesota Statutes 1996, section 257.0768,
188.14 subdivision 1, is amended to read:
188.15 Subdivision 1. [MEMBERSHIP.] Four community-specific
188.16 boards are created. Each board consists of five members. The
188.17 chair of each of the following groups shall appoint the board
188.18 for the community represented by the group: the Indian affairs
188.19 council; the Spanish-Speaking Affairs council on affairs of
188.20 Chicano/Latino people; the council on Black Minnesotans; and the
188.21 council on Asian-Pacific Minnesotans. In making appointments,
188.22 the chair must consult with other members of the council.
188.23 Sec. 9. Minnesota Statutes 1996, section 257.0769, is
188.24 amended to read:
188.25 257.0769 [FUNDING FOR THE OMBUDSPERSON PROGRAM.]
188.26 (a) Money is appropriated from the special fund authorized
188.27 by section 256.01, subdivision 2, clause (15), to the Indian
188.28 affairs council for the purposes of sections 257.0755 to
188.29 257.0768.
188.30 (b) Money is appropriated from the special fund authorized
188.31 by section 256.01, subdivision 2, clause (15), to the
188.32 Spanish-speaking Affairs council on affairs of Chicano/Latino
188.33 people for the purposes of sections 257.0755 to 257.0768.
188.34 (c) Money is appropriated from the special fund authorized
188.35 by section 256.01, subdivision 2, clause (15), to the Council of
188.36 Black Minnesotans for the purposes of sections 257.0755 to
189.1 257.0768.
189.2 (d) Money is appropriated from the special fund authorized
189.3 by section 256.01, subdivision 2, clause (15), to the Council on
189.4 Asian-Pacific Minnesotans for the purposes of sections 257.0755
189.5 to 257.0768.
189.6 Sec. 10. Minnesota Statutes 1996, section 260.152,
189.7 subdivision 2, is amended to read:
189.8 Subd. 2. [PROGRAM COMPONENTS.] (a) The commissioner of
189.9 human services shall, in consultation with the Indian affairs
189.10 council, the council on affairs of Spanish-speaking
189.11 Chicano/Latino people, the council on Black Minnesotans, and the
189.12 council on Asian-Pacific Minnesotans, provide grants to the
189.13 counties for the pilot projects. The projects shall build upon
189.14 the existing service capabilities in the community and must
189.15 include availability of screening for mental health problems of
189.16 children who are alleged or found to be delinquent and children
189.17 who are reported as being or found to be in need of protection
189.18 or services.
189.19 (b) The projects must include referral for mental health
189.20 assessment of all children for whom the screening indicates a
189.21 need. This assessment is to be provided by the appropriate
189.22 mental health professional. If the child is of a minority race
189.23 or minority ethnic heritage, the mental health professional must
189.24 be skilled in and knowledgeable about the child's racial and
189.25 ethnic heritage, or must consult with a special mental health
189.26 consultant who has such knowledge so that the assessment is
189.27 relevant, culturally specific, and sensitive to the child's
189.28 cultural needs.
189.29 (c) Upon completion of the assessment, the project must
189.30 provide or ensure access to nonresidential mental health
189.31 services identified as needed in the assessment.
189.32 Sec. 11. Minnesota Statutes 1996, section 260.152,
189.33 subdivision 3, is amended to read:
189.34 Subd. 3. [SCREENING TOOL.] The commissioner of human
189.35 services and the commissioner of corrections, in consultation
189.36 with the Indian affairs council, the council on affairs of
190.1 Spanish-speaking Chicano/Latino people, the council on Black
190.2 Minnesotans, and the council on Asian-Pacific Minnesotans, shall
190.3 jointly develop a model screening tool to screen children to
190.4 determine if a mental health assessment is needed. This tool
190.5 must contain specific questions to identify potential mental
190.6 health problems. In implementing a pilot project, a county must
190.7 either use this model tool or another screening tool approved by
190.8 the commissioner of human services which meets the requirements
190.9 of this section.
190.10 Sec. 12. Minnesota Statutes 1996, section 260.152,
190.11 subdivision 6, is amended to read:
190.12 Subd. 6. [EVALUATION.] The commissioner of human services
190.13 and the commissioner of corrections shall, in consultation with
190.14 the Indian affairs council, the council on affairs
190.15 of Spanish-speaking Chicano/Latino people, the council on Black
190.16 Minnesotans, and the council on Asian-Pacific Minnesotans,
190.17 develop systems and procedures for evaluating the pilot
190.18 projects. The departments must develop an interagency
190.19 management information system to track children who receive
190.20 mental health services. The system must be designed to meet the
190.21 information needs of the agencies involved and to provide a
190.22 basis for evaluating outcome data. The system must be designed
190.23 to track the mental health treatment of children released from
190.24 custody and to improve the planning, delivery, and evaluation of
190.25 services and increase interagency collaboration. The evaluation
190.26 protocol must be designed to measure the impact of the program
190.27 on juvenile recidivism, school performance, and state and county
190.28 budgets.
190.29 ARTICLE 4
190.30 CONSTITUTIONAL CITATIONS
190.31 Section 1. Minnesota Statutes 1996, section 360.013,
190.32 subdivision 20, is amended to read:
190.33 Subd. 20. [MUNICIPALITY.] "Municipality" means a city of
190.34 any class, including a city organized under a charter framed
190.35 pursuant to the Constitution of the State of Minnesota, Article
190.36 4, Section 36, Article XI, Section 4, or Article XII, Section 5,
191.1 a county, a town, or a statutory city in this state, the regents
191.2 of the University of Minnesota, and any other political
191.3 subdivision, public corporation, authority, or district in this
191.4 state which is or may be authorized by law to acquire,
191.5 establish, construct, maintain, improve, and operate airports
191.6 and other air navigation facilities.
191.7 Sec. 2. Minnesota Statutes 1996, section 427.02, is
191.8 amended to read:
191.9 427.02 [DEPOSITORIES.]
191.10 The council of any city in this state, but not including
191.11 cities when governed under a charter adopted under and pursuant
191.12 to the Constitution of the state of Minnesota, article IV,
191.13 section 36, article XI, section 4, or article XII, section 5,
191.14 and sections 410.03 to 410.24, and 441.01 to 441.09, and all
191.15 acts supplemental thereto, in which charter the matter of
191.16 designating depositories for city funds and the protection
191.17 thereof is provided for, or in which charter it shall hereafter
191.18 be provided for, shall have the power and authority to designate
191.19 or redesignate at the beginning of each calendar year, or from
191.20 time to time, the banks or other legal depositories of any city
191.21 in which the treasurer of the city shall deposit and keep the
191.22 moneys of the city, designating in each instance the maximum
191.23 amount which may at any time be kept in any one of these
191.24 depositories, which maximum amount shall in no case exceed 25
191.25 percent of the paid-up capital and surplus of the depository,
191.26 unless the depository shall deposit with the treasurer of the
191.27 city United States government bonds to secure the deposit of the
191.28 funds of the city; and, in that event, the amount so deposited
191.29 shall not exceed the amount of the United States government
191.30 bonds so deposited. No depository shall deposit United States
191.31 government bonds which mature within one year from the date such
191.32 bonds were first considered as a part of the bank's reserve and
191.33 which reserves are required by section 48.221. The council of
191.34 each city shall, at all times, designate depositories in the
191.35 city, or elsewhere in the United States, sufficient for the
191.36 depository of all funds which are likely to be in the hands of
192.1 the treasurer of the city at any one time and shall, so far as
192.2 consistent with the best interest of the city, designate these
192.3 depositories in the city and require from these depositories
192.4 good and sufficient bonds payable to the city in a penal sum not
192.5 to exceed the amount designated as the limit of deposit therein,
192.6 and conditioned for the safekeeping and payment of funds so
192.7 deposited, or, in lieu thereof, good and sufficient collateral
192.8 as provided for by section 118A.03.
192.9 Sec. 3. Minnesota Statutes 1996, section 435.27, is
192.10 amended to read:
192.11 435.27 [APPLICATION.]
192.12 Section 435.26 shall be applicable to cities governed by a
192.13 charter adopted pursuant to the Constitution of the State of
192.14 Minnesota, Article 4, Section 36, Article XI, Section 4, or
192.15 Article XII, Section 5.
192.16 Sec. 4. Minnesota Statutes 1996, section 458.40, is
192.17 amended to read:
192.18 458.40 [MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.]
192.19 If a charter adopted under the Minnesota Constitution,
192.20 article IV, section 36, article XI, section 4, or article XII,
192.21 section 5, has a provision that requires the question of the
192.22 issuance of bonds to be submitted to the electors, the provision
192.23 prevails over sections 458.36 to 458.40.
192.24 Sec. 5. Minnesota Statutes 1996, section 463.01, is
192.25 amended to read:
192.26 463.01 [BUILDING LINES, EASEMENTS; EXISTING STRUCTURES.]
192.27 The council of any city, including any city of this state
192.28 operating under a home rule charter adopted pursuant to the
192.29 Constitution of the State of Minnesota, Article 4, Section
192.30 36, Article XI, Section 4, or Article XII, Section 5, may
192.31 establish along any street or highway within such city a
192.32 building line upon the land adjoining such street or highway, or
192.33 any portion thereof, and distant not more than 50 feet from the
192.34 margin of such street or highway, and may, in behalf of the
192.35 city, acquire an easement in the land between such line and
192.36 exterior street line, such that no buildings or structures shall
193.1 be erected or maintained upon this land. Such easement shall be
193.2 known as a building line easement. The governing body may, at
193.3 the time they designate the easement to be acquired and define
193.4 the line by which it is bounded, provide in the resolution
193.5 designating such easement that buildings or structures or any
193.6 portions of buildings or structures existing within the
193.7 boundaries of the easement at that time may remain thereon for
193.8 stated periods of time or remain thereon during the life of such
193.9 buildings or structures or portions thereof, but no alteration
193.10 of any such buildings or structures or portions thereof upon
193.11 such easement shall be permitted after the designation of such
193.12 easements, and when such buildings are removed no other
193.13 buildings or structures shall be erected thereon. Such
193.14 permission to maintain existing structures upon such easement
193.15 shall be clearly defined as to time in such resolution and shall
193.16 confer the right upon the owner of such buildings or structures
193.17 or portions thereof to maintain the same as defined in such
193.18 resolution.
193.19 Sec. 6. Minnesota Statutes 1996, section 465.15, is
193.20 amended to read:
193.21 465.15 [CITIES MAY ACQUIRE EXEMPT PROPERTY.]
193.22 Each city of the first class now or hereafter having a
193.23 population of 50,000 inhabitants or more, including each such
193.24 city operating under a charter adopted pursuant to the
193.25 provisions of the Constitution of the State of Minnesota,
193.26 article IV, section 36, article XI, section 4, or article XII,
193.27 section 5, is hereby authorized and empowered to acquire by
193.28 purchase, condemnation, or otherwise any right or interest in
193.29 land either platted or unplatted within the limits of the city,
193.30 which interest in land consists of a right or privilege in the
193.31 owner of the land to offset certain amounts against special
193.32 assessments levied by the governing body, the city council, or
193.33 the board of park commissioners of such city for park or parkway
193.34 purposes, or both.
193.35 Sec. 7. Minnesota Statutes 1996, section 465.20, is
193.36 amended to read:
194.1 465.20 [APPLICATION.]
194.2 Sections 465.19 and 465.20 shall apply to all cities
194.3 including those now or hereafter governed by a charter adopted
194.4 pursuant to the Constitution of the state of Minnesota, article
194.5 IV, section 36, article XI, section 4, or article XII, section 5.
194.6 Sec. 8. Minnesota Statutes 1996, section 469.183,
194.7 subdivision 4, is amended to read:
194.8 Subd. 4. [ADDITIONAL POWERS.] The authority granted in
194.9 this section is in addition to all existing power and authority
194.10 of any city operating under a home rule charter adopted in
194.11 pursuance of the Constitution of the state of Minnesota, article
194.12 IV, section 36, article XI, section 4, or article XII, section 5.
194.13 ARTICLE 5
194.14 EMERGENCY RULES
194.15 Section 1. Minnesota Statutes 1996, section 18C.121,
194.16 subdivision 1, is amended to read:
194.17 Subdivision 1. [ADMINISTRATION.] The commissioner may
194.18 adopt emergency or permanent rules necessary to implement and
194.19 enforce this chapter. The rules must conform to national
194.20 standards in a manner that is practicable and consistent with
194.21 state law.
194.22 Sec. 2. Minnesota Statutes 1996, section 18C.575,
194.23 subdivision 1, is amended to read:
194.24 Subdivision 1. [FOR ADMINISTRATION.] The commissioner may
194.25 adopt emergency or permanent rules necessary to administer
194.26 sections 18C.531 to 18C.575.
194.27 Sec. 3. Minnesota Statutes 1996, section 19.51,
194.28 subdivision 1, is amended to read:
194.29 Subdivision 1. [ENFORCEMENT; RULES.] The commissioner
194.30 shall enforce sections 19.50 to 19.65. The commissioner may
194.31 make all necessary examinations and inspections, and adopt
194.32 emergency or permanent rules necessary to enforce sections 19.50
194.33 to 19.65 promptly and effectively. The commissioner may employ
194.34 classified civil service employees necessary to administer
194.35 sections 19.50 to 19.65, and may contract with individuals to
194.36 serve as authorized agents.
195.1 Sec. 4. Minnesota Statutes 1996, section 31.874, is
195.2 amended to read:
195.3 31.874 [DISEASE CONTROL.]
195.4 If the commissioner of agriculture finds that a disease or
195.5 foreign matter is actually transmitted by a method of dispensing
195.6 bulk foods that is permitted by section 31.84, the commissioner
195.7 may adopt emergency or permanent rules more restrictive on the
195.8 sale of that food than section 31.84. The rules must address
195.9 the specific relationship between the disease or foreign matter
195.10 being transmitted and the dispensing methods permitted by
195.11 section 31.84.
195.12 Sec. 5. Minnesota Statutes 1996, section 32.532, is
195.13 amended to read:
195.14 32.532 [ENFORCEMENT.]
195.15 The commissioner is authorized and directed to administer
195.16 and supervise the enforcement of sections 32.53 to 32.534; to
195.17 provide for such periodic inspections and investigations as the
195.18 commissioner may deem necessary to disclose violations; to
195.19 receive and provide for the investigation of complaints; and to
195.20 provide for the institution and prosecution of civil or criminal
195.21 actions or both. The provisions of these sections may be
195.22 enforced by injunction in any court having jurisdiction to grant
195.23 injunctive relief. Artificial dairy products involved in a
195.24 violation of these sections are subject to seizure and
195.25 disposition in accordance with an appropriate court order or a
195.26 rule adopted by the commissioner. The commissioner may adopt
195.27 emergency or permanent rules necessary to implement and
195.28 administer sections 32.53 to 32.534.
195.29 Sec. 6. Minnesota Statutes 1996, section 32.71,
195.30 subdivision 1, is amended to read:
195.31 Subdivision 1. [DUTIES; RULES.] The commissioner shall
195.32 adopt emergency and permanent rules to implement and administer
195.33 sections 32.70 to 32.74 as necessary.
195.34 Sec. 7. Minnesota Statutes 1996, section 41.53,
195.35 subdivision 2, is amended to read:
195.36 Subd. 2. [RULES.] The commissioner may adopt emergency or
196.1 permanent rules necessary for the efficient administration of
196.2 sections 41.51 to 41.57; 41.58, subdivisions 1 and 2; 41.59,
196.3 subdivision 1; and 41.61.
196.4 Sec. 8. Minnesota Statutes 1996, section 41A.09,
196.5 subdivision 4, is amended to read:
196.6 Subd. 4. [RULEMAKING AUTHORITY.] The commissioner shall
196.7 adopt emergency and permanent rules to implement this section.
196.8 Sec. 9. Minnesota Statutes 1996, section 62N.05,
196.9 subdivision 1, is amended to read:
196.10 Subdivision 1. [RULES.] The commissioner, in consultation
196.11 with the commission, may adopt emergency and permanent rules to
196.12 establish more detailed requirements governing integrated
196.13 service networks in accordance with this chapter.
196.14 Sec. 10. Minnesota Statutes 1996, section 62N.24, is
196.15 amended to read:
196.16 62N.24 [REVIEW OF RULES.]
196.17 The commissioner of health shall mail copies of all
196.18 proposed emergency and permanent rules that are being
196.19 promulgated under this chapter to each member of the legislative
196.20 commission on health care access prior to final adoption by the
196.21 commissioner.
196.22 Sec. 11. Minnesota Statutes 1996, section 144A.073,
196.23 subdivision 3, is amended to read:
196.24 Subd. 3. [REVIEW AND APPROVAL OF PROPOSALS.] Within the
196.25 limits of money specifically appropriated to the medical
196.26 assistance program for this purpose, the interagency long-term
196.27 care planning committee may recommend that the commissioner of
196.28 health grant exceptions to the nursing home licensure or
196.29 certification moratorium for proposals that satisfy the
196.30 requirements of this section. The interagency committee shall
196.31 appoint an advisory review panel composed of representatives of
196.32 consumers and providers to review proposals and provide comments
196.33 and recommendations to the committee. The commissioners of
196.34 human services and health shall provide staff and technical
196.35 assistance to the committee for the review and analysis of
196.36 proposals. The interagency committee shall hold a public
197.1 hearing before submitting recommendations to the commissioner of
197.2 health on project requests. The committee shall submit
197.3 recommendations within 150 days of the date of the publication
197.4 of the notice. The commissioner of health shall approve or
197.5 disapprove a project within 30 days after receiving the
197.6 committee's recommendations. The advisory review panel, the
197.7 committee, and the commissioner of health shall base their
197.8 recommendations, approvals, or disapprovals on a comparison and
197.9 ranking of proposals using only the criteria in subdivision 4
197.10 and in emergency and permanent rules adopted by the
197.11 commissioner. The cost to the medical assistance program of the
197.12 proposals approved must be within the limits of the
197.13 appropriations specifically made for this purpose. Approval of
197.14 a proposal expires 18 months after approval by the commissioner
197.15 of health unless the facility has commenced construction as
197.16 defined in section 144A.071, subdivision 1a, paragraph (d). The
197.17 committee's report to the legislature, as required under section
197.18 144A.31, must include the projects approved, the criteria used
197.19 to recommend proposals for approval, and the estimated costs of
197.20 the projects, including the costs of initial construction and
197.21 remodeling, and the estimated operating costs during the first
197.22 two years after the project is completed.
197.23 Sec. 12. Minnesota Statutes 1996, section 148B.23,
197.24 subdivision 3, is amended to read:
197.25 Subd. 3. [TEMPORARY RULEMAKING AUTHORITY.] The board is
197.26 authorized to adopt emergency and permanent rules to implement
197.27 this section.
197.28 Sec. 13. Minnesota Statutes 1996, section 176.108, is
197.29 amended to read:
197.30 176.108 [LIGHT-DUTY WORK POOLS.]
197.31 Employers may form light-duty work pools for the purpose of
197.32 encouraging the return to work of injured employees. The
197.33 commissioner may adopt emergency and permanent rules necessary
197.34 to implement this section.
197.35 Sec. 14. Minnesota Statutes 1996, section 176.1351,
197.36 subdivision 5, is amended to read:
198.1 Subd. 5. [REVOCATION, SUSPENSION, AND REFUSAL TO CERTIFY;
198.2 PENALTIES AND ENFORCEMENT.] (a) The commissioner shall refuse to
198.3 certify or shall revoke or suspend the certification of a
198.4 managed care plan if the commissioner finds that the plan for
198.5 providing medical or health care services fails to meet the
198.6 requirements of this section, or service under the plan is not
198.7 being provided in accordance with the terms of a certified plan.
198.8 (b) In lieu of or in addition to suspension or revocation
198.9 under paragraph (a), the commissioner may, for any noncompliance
198.10 with the managed care plan as certified or any violation of a
198.11 statute or rule applicable to a managed care plan, assess an
198.12 administrative penalty payable to the special compensation fund
198.13 in an amount up to $25,000 for each violation or incidence of
198.14 noncompliance. The commissioner may adopt emergency or
198.15 permanent rules necessary to implement this subdivision. In
198.16 determining the level of an administrative penalty, the
198.17 commissioner shall consider the following factors:
198.18 (1) the number of workers affected or potentially affected
198.19 by the violation or noncompliance;
198.20 (2) the effect or potential effect of the violation or
198.21 noncompliance on workers' health, access to health services, or
198.22 workers' compensation benefits;
198.23 (3) the effect or potential effect of the violation or
198.24 noncompliance on workers' understanding of their rights and
198.25 obligations under the workers' compensation law and rules;
198.26 (4) whether the violation or noncompliance is an isolated
198.27 incident or part of a pattern of violations; and
198.28 (5) the potential or actual economic benefits derived by
198.29 the managed care plan or a participating provider by virtue of
198.30 the violation or noncompliance.
198.31 The commissioner shall give written notice to the managed
198.32 care plan of the penalty assessment and the reasons for the
198.33 penalty. The managed care plan has 30 days from the date the
198.34 penalty notice is issued within which to file a written request
198.35 for an administrative hearing and review of the commissioner's
198.36 determination pursuant to section 176.85, subdivision 1.
199.1 (c) If the commissioner, for any reason, has cause to
199.2 believe that a managed care plan has or may violate a statute or
199.3 rule or a provision of the managed care plan as certified, the
199.4 commissioner may, before commencing action under paragraph (a)
199.5 or (b), call a conference with the managed care plan and other
199.6 persons who may be involved in the suspected violation or
199.7 noncompliance for the purpose of ascertaining the facts relating
199.8 to the suspected violation or noncompliance and arriving at an
199.9 adequate and effective means of correcting or preventing the
199.10 violation or noncompliance. The commissioner may enter into
199.11 stipulated consent agreements with the managed care plan for
199.12 corrective or preventive action or the amount of the penalty to
199.13 be paid. Proceedings under this paragraph shall not be governed
199.14 by any formal procedural requirements, and may be conducted in a
199.15 manner the commissioner deems appropriate under the
199.16 circumstances.
199.17 (d) The commissioner may issue an order directing a managed
199.18 care plan or a representative of a managed care plan to cease
199.19 and desist from engaging in any act or practice that is not in
199.20 compliance with the managed care plan as certified, or that it
199.21 is in violation of an applicable statute or rule. Within 30
199.22 days of service of the order, the managed care plan may request
199.23 review of the cease and desist order by an administrative law
199.24 judge pursuant to chapter 14. The decision of the
199.25 administrative law judge shall include findings of fact,
199.26 conclusions of law and appropriate orders, which shall be the
199.27 final decision of the commissioner. In the event of
199.28 noncompliance with a cease and desist order, the commissioner
199.29 may institute a proceeding in district court to obtain
199.30 injunctive or other appropriate relief.
199.31 (e) A managed care plan, participating health care
199.32 provider, or an employer or insurer that receives services from
199.33 the managed care plan, shall cooperate fully with an
199.34 investigation by the commissioner. For purposes of this
199.35 section, cooperation includes, but is not limited to, attending
199.36 a conference called by the commissioner under paragraph (c),
200.1 responding fully and promptly to any questions relating to the
200.2 subject of the investigation, and providing copies of records,
200.3 reports, logs, data, and other information requested by the
200.4 commissioner to assist in the investigation.
200.5 (f) Any person acting on behalf of a managed care plan who
200.6 knowingly submits false information in any report required to be
200.7 filed by a managed care plan is guilty of a misdemeanor.
200.8 Sec. 15. Minnesota Statutes 1996, section 176.1351,
200.9 subdivision 6, is amended to read:
200.10 Subd. 6. [RULES.] The commissioner may adopt emergency or
200.11 permanent rules necessary to implement this section.
200.12 Sec. 16. Minnesota Statutes 1996, section 176.1812,
200.13 subdivision 7, is amended to read:
200.14 Subd. 7. [RULES.] The commissioner may adopt emergency or
200.15 permanent rules necessary to implement this section.
200.16 Sec. 17. Minnesota Statutes 1996, section 176.83,
200.17 subdivision 5, is amended to read:
200.18 Subd. 5. [TREATMENT STANDARDS FOR MEDICAL SERVICES.] In
200.19 consultation with the medical services review board or the
200.20 rehabilitation review panel, the commissioner shall adopt
200.21 emergency and permanent rules establishing standards and
200.22 procedures for health care provider treatment. The rules shall
200.23 apply uniformly to all providers including those providing
200.24 managed care under section 176.1351. The rules shall be used to
200.25 determine whether a provider of health care services and
200.26 rehabilitation services, including a provider of medical,
200.27 chiropractic, podiatric, surgical, hospital, or other services,
200.28 is performing procedures or providing services at a level or
200.29 with a frequency that is excessive, unnecessary, or
200.30 inappropriate under section 176.135, subdivision 1, based upon
200.31 accepted medical standards for quality health care and accepted
200.32 rehabilitation standards.
200.33 The rules shall include, but are not limited to, the
200.34 following:
200.35 (1) criteria for diagnosis and treatment of the most common
200.36 work-related injuries including, but not limited to, low back
201.1 injuries and upper extremity repetitive trauma injuries;
201.2 (2) criteria for surgical procedures including, but not
201.3 limited to, diagnosis, prior conservative treatment, supporting
201.4 diagnostic imaging and testing, and anticipated outcome
201.5 criteria;
201.6 (3) criteria for use of appliances, adaptive equipment, and
201.7 use of health clubs or other exercise facilities;
201.8 (4) criteria for diagnostic imaging procedures;
201.9 (5) criteria for inpatient hospitalization; and
201.10 (6) criteria for treatment of chronic pain.
201.11 If it is determined by the payer that the level, frequency
201.12 or cost of a procedure or service of a provider is excessive,
201.13 unnecessary, or inappropriate according to the standards
201.14 established by the rules, the provider shall not be paid for the
201.15 procedure, service, or cost by an insurer, self-insurer, or
201.16 group self-insurer, and the provider shall not be reimbursed or
201.17 attempt to collect reimbursement for the procedure, service, or
201.18 cost from any other source, including the employee, another
201.19 insurer, the special compensation fund, or any government
201.20 program unless the commissioner or compensation judge determines
201.21 at a hearing or administrative conference that the level,
201.22 frequency, or cost was not excessive under the rules in which
201.23 case the insurer, self-insurer, or group self-insurer shall make
201.24 the payment deemed reasonable.
201.25 A rehabilitation provider who is determined by the
201.26 rehabilitation review panel board, after hearing, to be
201.27 consistently performing procedures or providing services at an
201.28 excessive level or cost may be prohibited from receiving any
201.29 further reimbursement for procedures or services provided under
201.30 this chapter. A prohibition imposed on a provider under this
201.31 subdivision may be grounds for revocation or suspension of the
201.32 provider's license or certificate of registration to provide
201.33 health care or rehabilitation service in Minnesota by the
201.34 appropriate licensing or certifying body. The commissioner and
201.35 medical services review board shall review excessive,
201.36 inappropriate, or unnecessary health care provider treatment
202.1 under section 176.103.
202.2 Sec. 18. Minnesota Statutes 1996, section 182.676, is
202.3 amended to read:
202.4 182.676 [SAFETY COMMITTEES.]
202.5 Every public or private employer of more than 25 employees
202.6 shall establish and administer a joint labor-management safety
202.7 committee.
202.8 Every public or private employer of 25 or fewer employees
202.9 shall establish and administer a safety committee if:
202.10 (1) the employer has a lost workday cases incidence rate in
202.11 the top ten percent of all rates for employers in the same
202.12 industry; or
202.13 (2) the workers' compensation premium classification
202.14 assigned to the greatest portion of the payroll for the employer
202.15 has a pure premium rate as reported by the workers' compensation
202.16 rating association in the top 25 percent of premium rates for
202.17 all classes.
202.18 A safety committee must hold regularly scheduled meetings
202.19 unless otherwise provided in a collective bargaining agreement.
202.20 Employee safety committee members must be selected by
202.21 employees. An employer that fails to establish or administer a
202.22 safety committee as required by this section may be cited by the
202.23 commissioner. A citation is punishable as a serious violation
202.24 under section 182.666.
202.25 The commissioner may adopt emergency or permanent rules
202.26 necessary to implement this section.
202.27 Sec. 19. Minnesota Statutes 1996, section 223.19, is
202.28 amended to read:
202.29 223.19 [RULES.]
202.30 The commissioner may make emergency or permanent rules
202.31 pursuant to chapter 14 to carry out the provisions of sections
202.32 223.15 to 223.22.
202.33 Sec. 20. Minnesota Statutes 1996, section 237.711, is
202.34 amended to read:
202.35 237.711 [IMPLEMENTATION RULES.]
202.36 The commission may adopt emergency and permanent rules to
203.1 implement Laws 1988, chapter 621, sections 1 to 16.
203.2 Sec. 21. Minnesota Statutes 1996, section 244.09,
203.3 subdivision 13, is amended to read:
203.4 Subd. 13. [RULEMAKING POWER.] The commission shall have
203.5 authority to promulgate emergency and permanent rules to carry
203.6 out the purposes of subdivision 5.
203.7 Sec. 22. Minnesota Statutes 1996, section 245.4886,
203.8 subdivision 2, is amended to read:
203.9 Subd. 2. [GRANT APPLICATION AND REPORTING REQUIREMENTS.]
203.10 To apply for a grant a county board shall submit an application
203.11 and budget for the use of the money in the form specified by the
203.12 commissioner. The commissioner shall make grants only to
203.13 counties whose applications and budgets are approved by the
203.14 commissioner. In awarding grants, the commissioner shall give
203.15 priority to those counties whose applications indicate plans to
203.16 collaborate in the development, funding, and delivery of
203.17 services with other agencies in the local system of care. The
203.18 commissioner may adopt emergency and permanent rules to govern
203.19 grant applications, approval of applications, allocation of
203.20 grants, and maintenance of financial statements by grant
203.21 recipients and may establish grant requirements for the fiscal
203.22 year ending June 30, 1992, without adopting rules. The
203.23 commissioner shall specify requirements for reports, including
203.24 quarterly fiscal reports, according to section 256.01,
203.25 subdivision 2, paragraph (17). The commissioner shall require
203.26 collection of data and periodic reports which the commissioner
203.27 deems necessary to demonstrate the effectiveness of each service
203.28 in realizing the stated purpose as specified for family
203.29 community support in section 245.4884, subdivision 1;
203.30 therapeutic support of foster care in section 245.4884,
203.31 subdivision 4; professional home-based family treatment in
203.32 section 245.4884, subdivision 3; day treatment in section
203.33 245.4884, subdivision 2; and case management in section 245.4881.
203.34 Sec. 23. Minnesota Statutes 1996, section 245.62,
203.35 subdivision 2, is amended to read:
203.36 Subd. 2. [DEFINITION.] A community mental health center is
204.1 a private nonprofit corporation or public agency approved under
204.2 the emergency and permanent rules promulgated by the
204.3 commissioner pursuant to subdivision 4.
204.4 Sec. 24. Minnesota Statutes 1996, section 245.62,
204.5 subdivision 4, is amended to read:
204.6 Subd. 4. [RULES.] The commissioner shall promulgate
204.7 emergency and permanent rules to establish standards for the
204.8 designation of an agency as a community mental health center.
204.9 These standards shall include, but are not limited to:
204.10 (a) provision of mental health services in the prevention,
204.11 identification, treatment and aftercare of emotional disorders,
204.12 chronic and acute mental illness, mental retardation and
204.13 developmental disabilities, and alcohol and drug abuse and
204.14 dependency, including the services listed in section 245.61
204.15 except detoxification services;
204.16 (b) establishment of a community mental health center board
204.17 pursuant to section 245.66; and
204.18 (c) approval pursuant to section 245.69, subdivision 2.
204.19 Sec. 25. Minnesota Statutes 1996, section 245.69,
204.20 subdivision 2, is amended to read:
204.21 Subd. 2. The commissioner of human services has the
204.22 authority to approve or disapprove public and private mental
204.23 health centers and public and private mental health clinics for
204.24 the purposes of section 62A.152, subdivision 2. For the
204.25 purposes of this subdivision the commissioner shall promulgate
204.26 both emergency and permanent rules in accordance with sections
204.27 14.001 to 14.69. The rules shall require each applicant to pay
204.28 a fee to cover costs of processing applications and determining
204.29 compliance with the rules and this subdivision. The
204.30 commissioner may contract with any state agency, individual,
204.31 corporation or association to which the commissioner shall
204.32 delegate all but final approval and disapproval authority to
204.33 determine compliance or noncompliance.
204.34 (a) Each approved mental health center and each approved
204.35 mental health clinic shall have a multidisciplinary team of
204.36 professional staff persons as required by rule. A mental health
205.1 center or mental health clinic may provide the staffing required
205.2 by rule by means of written contracts with professional persons
205.3 or with other health care providers. Any personnel
205.4 qualifications developed by rule shall be consistent with any
205.5 personnel standards developed pursuant to chapter 214.
205.6 (b) Each approved mental health clinic and each approved
205.7 mental health center shall establish a written treatment plan
205.8 for each outpatient for whom services are reimbursable through
205.9 insurance or public assistance. The treatment plan shall be
205.10 developed in accordance with the rules and shall include a
205.11 patient history, treatment goals, a statement of diagnosis and a
205.12 treatment strategy. The clinic or center shall provide access
205.13 to hospital admission as a bed patient as needed by any
205.14 outpatient. The clinic or center shall ensure ongoing
205.15 consultation among and availability of all members of the
205.16 multidisciplinary team.
205.17 (c) As part of the required consultation, members of the
205.18 multidisciplinary team shall meet at least twice monthly to
205.19 conduct case reviews, peer consultations, treatment plan
205.20 development and in-depth case discussion. Written minutes of
205.21 these meetings shall be kept at the clinic or center for three
205.22 years.
205.23 (d) Each approved center or clinic shall establish
205.24 mechanisms for quality assurance and submit documentation
205.25 concerning the mechanisms to the commissioner as required by
205.26 rule, including:
205.27 (1) Continuing education of each professional staff person;
205.28 (2) An ongoing internal utilization and peer review plan
205.29 and procedures;
205.30 (3) Mechanisms of staff supervision; and
205.31 (4) Procedures for review by the commissioner or a delegate.
205.32 (e) The commissioner shall disapprove an applicant, or
205.33 withdraw approval of a clinic or center, which the commissioner
205.34 finds does not comply with the requirements of the rules or this
205.35 subdivision. A clinic or center which is disapproved or whose
205.36 approval is withdrawn is entitled to a contested case hearing
206.1 and judicial review pursuant to sections 14.01 to 14.69.
206.2 (f) Data on individuals collected by approved clinics and
206.3 centers, including written minutes of team meetings, is private
206.4 data on individuals within the welfare system as provided in
206.5 chapter 13.
206.6 (g) Each center or clinic that is approved and in
206.7 compliance with the commissioner's existing rule on July 1, 1980
206.8 is approved for purposes of section 62A.152, subdivision 2,
206.9 until rules are promulgated to implement this section.
206.10 Sec. 26. Minnesota Statutes 1996, section 252.275,
206.11 subdivision 6, is amended to read:
206.12 Subd. 6. [RULES.] The commissioner may adopt emergency and
206.13 permanent rules in accordance with chapter 14 to govern
206.14 allocation, reimbursement, and compliance.
206.15 Sec. 27. Minnesota Statutes 1996, section 252.291,
206.16 subdivision 5, is amended to read:
206.17 Subd. 5. [RULEMAKING.] The commissioner of human services
206.18 shall promulgate emergency and permanent rules pursuant to
206.19 chapter 14, the administrative procedure act, to implement this
206.20 section.
206.21 Sec. 28. Minnesota Statutes 1996, section 256.736,
206.22 subdivision 7, is amended to read:
206.23 Subd. 7. [RULEMAKING.] The commissioner of human services,
206.24 in cooperation with the commissioner of economic security, may
206.25 adopt permanent and emergency rules necessary to qualify for any
206.26 federal funds available under this section and to carry out this
206.27 section.
206.28 Sec. 29. Minnesota Statutes 1996, section 256.82,
206.29 subdivision 4, is amended to read:
206.30 Subd. 4. [RULES.] The commissioner shall adopt emergency
206.31 and permanent rules to implement subdivision 3. In developing
206.32 rules, the commissioner shall take into consideration any
206.33 existing difficulty of care payment rates so that, to the extent
206.34 possible, no child for whom a difficulty of care rate is
206.35 currently established will be adversely affected.
206.36 Sec. 30. Minnesota Statutes 1996, section 256B.092,
207.1 subdivision 6, is amended to read:
207.2 Subd. 6. [RULES.] The commissioner shall adopt emergency
207.3 and permanent rules to establish required controls,
207.4 documentation, and reporting of services provided in order to
207.5 assure proper administration of the approved waiver plan, and to
207.6 establish policy and procedures to reduce duplicative efforts
207.7 and unnecessary paperwork on the part of case managers.
207.8 Sec. 31. Minnesota Statutes 1996, section 256B.49,
207.9 subdivision 2, is amended to read:
207.10 Subd. 2. [RULES.] The commissioner of human services may
207.11 adopt emergency and permanent rules as necessary to implement
207.12 subdivision 1.
207.13 Sec. 32. Minnesota Statutes 1996, section 256D.03,
207.14 subdivision 7, is amended to read:
207.15 Subd. 7. [DUTIES OF THE COMMISSIONER.] The commissioner
207.16 shall promulgate emergency and permanent rules as necessary to
207.17 establish:
207.18 (a) standards of eligibility, utilization of services, and
207.19 payment levels;
207.20 (b) standards for quality assurance, surveillance, and
207.21 utilization review procedures that conform to those established
207.22 for the medical assistance program pursuant to chapter 256B,
207.23 including general criteria and procedures for the identification
207.24 and prompt investigation of suspected fraud, theft, abuse,
207.25 presentment of false or duplicate claims, presentment of claims
207.26 for services not medically necessary, or false statements or
207.27 representations of material facts by a vendor or recipient of
207.28 general assistance medical care, and for the imposition of
207.29 sanctions against such vendor or recipient of medical care. The
207.30 rules relating to sanctions shall be consistent with the
207.31 provisions of section 256B.064, subdivisions 1a and 2; and
207.32 (c) administrative and fiscal procedures for payment of the
207.33 state share of the medical costs incurred by the counties under
207.34 section 256D.02, subdivision 4a. Rules promulgated pursuant to
207.35 this clause may include: (1) procedures by which state
207.36 liability for the costs of medical care incurred pursuant to
208.1 section 256D.02, subdivision 4a may be deducted from county
208.2 liability to the state under any other public assistance program
208.3 authorized by law; (2) procedures for processing claims of
208.4 counties for reimbursement by the state for expenditures for
208.5 medical care made by the counties pursuant to section 256D.02,
208.6 subdivision 4a; and (3) procedures by which the county agencies
208.7 may contract with the commissioner of human services for state
208.8 administration of general assistance medical care payments.
208.9 Sec. 33. Minnesota Statutes 1996, section 259.71,
208.10 subdivision 5, is amended to read:
208.11 Subd. 5. [MEDICAL ASSISTANCE; DUTIES OF THE COMMISSIONER
208.12 OF HUMAN SERVICES.] The commissioner of human services shall:
208.13 (a) Issue a medical assistance identification card to any
208.14 child with special needs who is title IV-E eligible, or who is
208.15 not title IV-E eligible but was determined by another state to
208.16 have a special need for medical or rehabilitative care, and who
208.17 is a resident in this state and is the subject of an adoption
208.18 assistance agreement with another state when a certified copy of
208.19 the adoption assistance agreement obtained from the adoption
208.20 assistance state has been filed with the commissioner. The
208.21 adoptive parents shall be required at least annually to show
208.22 that the agreement is still in force or has been renewed.
208.23 (b) Consider the holder of a medical assistance
208.24 identification card under this subdivision as any other
208.25 recipient of medical assistance under chapter 256B; process and
208.26 make payment on claims for the recipient in the same manner as
208.27 for other recipients of medical assistance.
208.28 (c) Provide coverage and benefits for a child who is title
208.29 IV-E eligible or who is not title IV-E eligible but was
208.30 determined to have a special need for medical or rehabilitative
208.31 care and who is in another state and who is covered by an
208.32 adoption assistance agreement made by the commissioner for the
208.33 coverage or benefits, if any, which is not provided by the
208.34 resident state. The adoptive parents acting for the child may
208.35 submit evidence of payment for services or benefit amounts not
208.36 payable in the resident state and shall be reimbursed. However,
209.1 there shall be no reimbursement for services or benefit amounts
209.2 covered under any insurance or other third party medical
209.3 contract or arrangement held by the child or the adoptive
209.4 parents.
209.5 (d) Publish emergency and permanent rules implementing this
209.6 subdivision. Such rules shall include procedures to be followed
209.7 in obtaining prior approvals for services which are required for
209.8 the assistance.
209.9 Sec. 34. Minnesota Statutes 1996, section 268.0122,
209.10 subdivision 5, is amended to read:
209.11 Subd. 5. [RULEMAKING.] The commissioner may make emergency
209.12 and permanent rules to carry out this chapter.
209.13 Sec. 35. Minnesota Statutes 1996, section 268.90,
209.14 subdivision 3, is amended to read:
209.15 Subd. 3. [COMMISSIONER OF ECONOMIC SECURITY.] The
209.16 commissioner shall:
209.17 (1) make emergency or permanent rules governing plan
209.18 content, criteria for approval, and administrative standards;
209.19 (2) refer community investment program administrators to
209.20 the appropriate state agency for technical assistance in
209.21 developing and administering community investment programs;
209.22 (3) establish the method by which community investment
209.23 programs will be approved or disapproved through the community
209.24 investment program plan and the annual update component of the
209.25 county plan;
209.26 (4) review and comment on community investment program
209.27 plans;
209.28 (5) institute ongoing methods to monitor and evaluate
209.29 community investment programs; and
209.30 (6) consult with the commissioner of human services on the
209.31 approval of county plans for community investment programs
209.32 relating to the participation of public assistance recipients.
209.33 Sec. 36. Minnesota Statutes 1996, section 462A.03,
209.34 subdivision 10, is amended to read:
209.35 Subd. 10. [PERSONS AND FAMILIES OF LOW AND MODERATE
209.36 INCOME.] "Persons and families of low and moderate income" means
210.1 persons and families, irrespective of race, creed, national
210.2 origin, sex, or status with respect to guardianship or
210.3 conservatorship, determined by the agency to require such
210.4 assistance as is made available by sections 462A.01 to 462A.24
210.5 on account of personal or family income not sufficient to afford
210.6 adequate housing. In making such determination the agency shall
210.7 take into account the following: (a) The amount of the total
210.8 income of such persons and families available for housing needs,
210.9 (b) the size of the family, (c) the cost and condition of
210.10 housing facilities available, (d) the eligibility of such
210.11 persons and families to compete successfully in the normal
210.12 housing market and to pay the amounts at which private
210.13 enterprise is providing sanitary, decent and safe housing. In
210.14 the case of federally subsidized mortgages with respect to which
210.15 income limits have been established by any agency of the federal
210.16 government having jurisdiction thereover for the purpose of
210.17 defining eligibility of low and moderate income families, the
210.18 limits so established shall govern under the provision of
210.19 sections 462A.01 to 462A.24. In all other cases income limits
210.20 for the purpose of defining low or moderate income persons shall
210.21 be established by the agency by emergency or permanent rules.