1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
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1.3 ambiguous, and omitted text and obsolete references; 1.4 eliminating certain redundant, conflicting, and 1.5 superseded provisions; making miscellaneous technical 1.6 corrections to statutes and other laws; amending 1.7 Minnesota Statutes 1998, sections 2.724, subdivision 1.8 1; 10A.01, subdivision 18; 11A.16, subdivision 6; 1.9 12.21, subdivision 3; 12.33, subdivision 4; 15.059, 1.10 subdivision 5a; 16B.171; 16B.335, subdivision 4; 1.11 16B.465, subdivision 1; 16C.05, subdivision 2; 17.114, 1.12 subdivisions 3 and 4; 17.117, subdivision 15; 17.452, 1.13 subdivision 1; 17.498; 18B.045, subdivision 1; 18E.06; 1.14 19.52, subdivision 2; 48A.12, subdivision 1; 58.02, 1.15 subdivision 22; 60L.08, subdivision 1; 62E.15, 1.16 subdivision 2; 79A.06, subdivision 5; 103A.43; 1.17 103B.321, subdivision 1; 103B.351; 103B.581, 1.18 subdivision 2; 103F.461; 103G.221, subdivision 1; 1.19 103H.175, subdivision 3; 103H.275; 115A.175, 1.20 subdivision 2; 115A.33; 115B.20, subdivisions 1 and 6; 1.21 115C.021, subdivision 1; 116.182, subdivision 3a; 1.22 116J.70, subdivision 2a; 117.47; 119A.03, subdivision 1.23 2; 119A.26, subdivision 2; 119A.45; 119A.46, 1.24 subdivision 4; 119A.51, subdivision 1; 119B.05, 1.25 subdivision 1; 123B.57, subdivision 6; 124D.17, 1.26 subdivision 7; 126C.21, subdivision 4; 126C.48, 1.27 subdivision 8; 136F.47; 156.11; 168.022, subdivision 1.28 4; 169.1217, subdivision 7a; 169.129, subdivision 2; 1.29 171.061, subdivision 1; 171.07, subdivision 10; 1.30 174.06, subdivision 1; 179.12; 181.58; 205A.01, 1.31 subdivision 2; 219.074, subdivision 2; 219.39; 1.32 221.034, subdivision 5; 221.036, subdivisions 1 and 3; 1.33 239.761, subdivisions 13 and 14; 245.462, subdivisions 1.34 4 and 7; 245.466, subdivision 4; 245.4871, subdivision 1.35 9; 245.4875, subdivision 4; 245.825, subdivision 1b; 1.36 256B.0625, subdivision 32; 256B.0928; 256J.45, 1.37 subdivision 2; 257.45; 257.74, subdivision 2; 1.38 268.9165; 287.09; 307.08, subdivisions 2, 8, 9, and 1.39 10; 340A.3021, subdivision 2; 446A.01; 446A.04, 1.40 subdivision 7; 462A.21, subdivision 19; 480.054; 1.41 480.09, subdivision 1; 481.02, subdivision 2; 500.245, 1.42 subdivision 1; 518.5511, subdivision 1; 518.6111, 1.43 subdivision 5; and 609.26, by adding a subdivision; 1.44 Laws 1994, chapter 560, article 2, section 15; and 1.45 Laws 1997, chapter 207, section 12; repealing 1.46 Minnesota Statutes 1998, sections 3.873; 16B.88, 2.1 subdivision 5; 62J.47; 79.51, subdivision 4; 115A.159; 2.2 119A.28, subdivision 4; 119A.31, subdivision 3; 2.3 119A.54; 124D.17, subdivision 8; 144.121, subdivision 2.4 7; 144.664, subdivision 4; 197.236, subdivisions 1 and 2.5 2; 218.011, subdivision 7; 245.825, subdivision 1a; 2.6 256.995, subdivision 7; 323.02, subdivisions 10 and 2.7 11; 383.01; 383.02; 383.03; 383.04; 383.05; 383.06; 2.8 383.07; 383.08; 383.09; 383.10; 383.11; 383.12; 2.9 509.01; 509.02; 509.03; 509.04; 509.05; 509.06; and 2.10 526.20; Laws 1996, chapter 426, sections 1 and 2; Laws 2.11 1998, chapters 388, section 16; 404, section 49; and 2.12 407, article 2, section 97; and Laws 1998, First 2.13 Special Session chapter 1, article 3, section 15. 2.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.15 ARTICLE 1 2.16 GENERAL 2.17 Section 1. Minnesota Statutes 1998, section 2.724, 2.18 subdivision 1, is amended to read: 2.19 Subdivision 1. [APPOINTMENTS.] When public convenience and 2.20 necessity require it, the
appointmentschief justice of the 2.21 supreme court may assign any judge of any court to serve and 2.22 discharge the duties of judge of any court in a judicial 2.23 district not that judge's own at such times as the chief justice 2.24 may determine. A judge may appeal an assignment to serve on a 2.25 court in a judicial district not that judge's own to the supreme 2.26 court and the appeal shall be decided before the assignment is 2.27 effective. Notwithstanding the provisions of this subdivision, 2.28 no judge shall be assigned to serve on a court in a judicial 2.29 district which is located more than 50 miles from the boundary 2.30 of that judge's judicial district for more than 15 working days 2.31 in any 12-month period, unless the judge consents to the 2.32 assignment. 2.33 A transferred judge shall be subject to the assignment 2.34 powers of the chief judge of the judicial district to which the 2.35 judge is transferred. 2.36 Sec. 2. Minnesota Statutes 1998, section 10A.01, 2.37 subdivision 18, is amended to read: 2.38 Subd. 18. [PUBLIC OFFICIAL.] "Public official" means any: 2.39 (a) member of the legislature; 2.40 (b) constitutional officer in the executive branch and the 2.41 officer's chief administrative deputy; 2.42 (c) member, chief administrative officer or deputy chief 3.1 administrative officer of a state board or commission which has 3.2 at least one of the following powers: (i) the power to adopt, 3.3 amend or repeal rules, or (ii) the power to adjudicate contested 3.4 cases or appeals; 3.5 (d) commissioner, deputy commissioner, or assistant 3.6 commissioner of any state department as designated pursuant to 3.7 section 15.01; 3.8 (e) individual employed in the executive branch who is 3.9 authorized to adopt, amend or repeal rules or adjudicate 3.10 contested cases; 3.11 (f) executive director of the state board of investment; 3.12 (g) executive director of the Indian affairs intertribal3.13 boardcouncil; 3.14 (h) commissioner of the iron range resources and 3.15 rehabilitation board; 3.16 (i) commissioner of mediation services; 3.17 (j) deputy of any official listed in clauses (e) to (i); 3.18 (k) judge of the workers' compensation court of appeals; 3.19 (l) administrative law judge or compensation judge in the 3.20 state office of administrative hearings or referee in the 3.21 department of economic security; 3.22 (m) solicitor general or deputy, assistant or special 3.23 assistant attorney general; 3.24 (n) individual employed by the legislature as secretary of 3.25 the senate, legislative auditor, chief clerk of the house, 3.26 revisor of statutes, or researcher, legislative analyst, or 3.27 attorney in the office of senate counsel and research or house 3.28 research; 3.29 (o) member, regional administrator, division director, 3.30 general counsel, or operations manager of the metropolitan 3.31 council; 3.32 (p) the director of the racing commission, the director of 3.33 the gambling control board, the director of the state lottery, 3.34 and the deputy director of the state lottery; 3.35 (q) director of the division of alcohol and gambling 3.36 enforcement in the department of public safety; 4.1 (r) member or executive director of the higher education 4.2 facilities authority; 4.3 (s) member of the board of directors or president of the 4.4 Minnesota world trade center corporation; or 4.5 (t) member or chief administrator of a metropolitan agency. 4.6 Sec. 3. Minnesota Statutes 1998, section 11A.16, 4.7 subdivision 6, is amended to read: 4.8 Subd. 6. [DISPOSITION OF INCOME.] Notwithstanding 4.9 provisions of section 11A.12, the income of the permanent school 4.10 fund as calculated pursuant to subdivision 5, shall be credited 4.11 to the permanent school fund, and transferred to the school 4.12 endowment fund as needed for payments made pursuant to section 4.13 124.08127A.32. 4.14 Sec. 4. Minnesota Statutes 1998, section 12.21, 4.15 subdivision 3, is amended to read: 4.16 Subd. 3. [SPECIFIC AUTHORITY.] In performing duties under 4.17 this chapter and to effect its policy and purpose, the governor 4.18 may: 4.19 (1) make, amend, and rescind the necessary orders and rules 4.20 to carry out the provisions of this chapter and section 216C.15 4.21 within the limits of the authority conferred by this section, 4.22 with due consideration of the plans of the federal government 4.23 and without complying with sections 14.001 to 14.69, but no 4.24 order or rule has the effect of law except as provided by 4.25 section 12.32; 4.26 (2) ensure that a comprehensive emergency operations plan 4.27 and emergency management program for this state are developed 4.28 and maintained, and are integrated into and coordinated with the 4.29 emergency plans of the federal government and of other states to 4.30 the fullest possible extent; 4.31 (3) in accordance with the emergency operations plan and 4.32 the emergency management program of this state, procure supplies 4.33 and equipment, institute training programs and public 4.34 information programs, and take all other preparatory steps, 4.35 including the partial or full activation of emergency management 4.36 organizations in advance of actual disaster to ensure the 5.1 furnishing of adequately trained and equipped forces of 5.2 emergency management personnel in time of need; 5.3 (4) make studies and surveys of the industries, resources, 5.4 and facilities in this state as may be necessary to ascertain 5.5 the capabilities of the state for emergency management and to 5.6 plan for the most efficient emergency use of those industries, 5.7 resources, and facilities; 5.8 (5) on behalf of this state, enter into mutual aid 5.9 arrangements or cooperative agreements with other states and 5.10 with Canadian provinces, and coordinate mutual aid plans between 5.11 political subdivisions of this state; 5.12 (6) delegate administrative authority vested in the 5.13 governor under this chapter, except the power to make rules, and 5.14 provide for the subdelegation of that authority; 5.15 (7) cooperate with the president and the heads of the armed 5.16 forces, the emergency management agency of the United States and 5.17 other appropriate federal officers and agencies, and with the 5.18 officers and agencies of other states in matters pertaining to 5.19 the emergency management of the state and nation, including the 5.20 direction or control of: 5.21 (i) emergency preparedness drills and exercises; 5.22 (ii) warnings and signals for drills or actual emergencies 5.23 and the mechanical devices to be used in connection with them; 5.24 (iii) shutting off water mains, gas mains, electric power 5.25 connections and the suspension of all other utility services; 5.26 (iv) the conduct of persons in the state and the movement 5.27 and cessation of movement of pedestrians and vehicular traffic 5.28 during, prior, and subsequent to drills or actual emergencies; 5.29 (v) public meetings or gatherings; and 5.30 (vi) the evacuation, reception, and sheltering of persons; 5.31 (8) contribute to a political subdivision, within the 5.32 limits of the appropriation for that purpose, not more than 25 5.33 percent of the cost of acquiring organizational equipment that 5.34 meets standards established by the governor; 5.35 (9) formulate and execute, with the approval of the 5.36 executive council, plans and rules for the control of traffic in 6.1 order to provide for the rapid and safe movement over public 6.2 highways and streets of troops, vehicles of a military nature, 6.3 materials for national defense and war or for use in any war 6.4 industry, for the conservation of critical materials or for 6.5 emergency management purposes, and coordinate the activities of 6.6 the departments or agencies of the state and its political 6.7 subdivisions concerned directly or indirectly with public 6.8 highways and streets, in a manner that will best effectuate 6.9 those plans; 6.10 (10) alter or adjust by executive order, without complying 6.11 with sections 14.01 to 14.69, the working hours, work days and 6.12 work week of, and annual and sick leave provisions and payroll 6.13 laws regarding all state employees in the executive branch as 6.14 the governor deems necessary to minimize the impact of the 6.15 disaster or emergency, conforming the alterations or adjustments 6.16 to existing state laws, rules, and collective bargaining 6.17 agreements to the extent practicable; 6.18 (11) authorize the commissioner of children, families, and 6.19 learning to alter school schedules, curtail school activities, 6.20 or order schools closed without affecting state aid to schools, 6.21 as defined in section 124A.05120A.05, subdivisions 9, 11, 13, 6.22 and 17, and including charter schools under section 124D.10, and 6.23 elementary schools enrolling prekindergarten pupils in district 6.24 programs. 6.25 Sec. 5. Minnesota Statutes 1998, section 12.33, 6.26 subdivision 4, is amended to read: 6.27 Subd. 4. [REIMBURSEMENT BY STATE.] It is the policy of the 6.28 state to reimburse the sending political subdivision for loss or 6.29 damage to equipment used outside of the corporate limits of the 6.30 sending political subdivision and to reimburse the sending 6.31 political subdivision for additional expenses incurred in 6.32 operating and maintaining the equipment outside of its corporate 6.33 limits. A claim for loss, damage, or expense in using equipment 6.34 or for additional expenses incurred in theoperating or 6.35 maintaining the equipment must not be allowed unless within 90 6.36 days after it is sustained or incurred an itemized notice of the 7.1 claim, verified by an officer or employee of the sending 7.2 political subdivision having knowledge of the facts, is filed 7.3 with the state director. 7.4 Sec. 6. Minnesota Statutes 1998, section 15.059, 7.5 subdivision 5a, is amended to read: 7.6 Subd. 5a. [LATER EXPIRATION.] Notwithstanding subdivision 7.7 5, the advisory councils and committees listed in this 7.8 subdivision do not expire June 30, 1997. These groups expire 7.9 June 30, 2001, unless the law creating the group or this 7.10 subdivision specifies an earlier expiration date. 7.11 Investment advisory council, created in section 11A.08; 7.12 Intergovernmental information systems advisory council, 7.13 created in section 16B.42, expires June 30, 1999; 7.14 Feedlot and manure management advisory committee, created 7.15 in section 17.136; 7.16 Aquaculture advisory committee, created in section 17.49; 7.17 Dairy producers board, created in section 17.76; 7.18 Pesticide applicator education and examination review 7.19 board, created in section 18B.305; 7.20 Advisory seed potato certification task force, created in 7.21 section 21.112; 7.22 Food safety advisory committee, created in section 28A.20; 7.23 Minnesota organic advisory task force, created in section 7.24 31.95; 7.25 Public programs risk adjustment work group, created in 7.26 section 62Q.03, expires June 30, 1999; 7.27 Workers' compensation self-insurers' advisory committee, 7.28 created in section 79A.02; 7.29 Youth corps advisory committee, created in section 84.0887; 7.30 Iron range off-highway vehicle advisory committee, created 7.31 in section 85.013; 7.32 Mineral coordinating committee, created in section 93.002; 7.33 Game and fish fund citizen advisory committees, created in 7.34 section 97A.055; 7.35 Wetland heritage advisory committee, created in section 7.36 103G.2242; 8.1 Wastewater treatment technical advisory committee, created 8.2 in section 115.54; 8.3 Solid waste management advisory council, created in section 8.4 115A.12; 8.5 Nuclear waste council, created in section 116C.711; 8.6 Genetically engineered organism advisory committee, created 8.7 in section 116C.93; 8.8 Environment and natural resources trust fund advisory 8.9 committee, created in section 116P.06; 8.10 Child abuse prevention advisory council, created in section 8.11 119A.13; 8.12 Chemical abuse and violence prevention council, created in 8.13 section 119A.27; 8.14 Youth neighborhood servicescenters advisory board, created 8.15 in section 119A.29; 8.16 Interagency coordinating council, created in section 8.17 125A.28, expires June 30, 1999; 8.18 Desegregation/integration advisory board, created in 8.19 section 124D.892; 8.20 Nonpublic education council, created in section 123B.445; 8.21 Permanent school fund advisory committee, created in 8.22 section 127A.30; 8.23 Indian scholarship committee, created in section 124D.84, 8.24 subdivision 2; 8.25 American Indian education committees, created in section 8.26 124D.80; 8.27 Summer scholarship advisory committee, created in section 8.28 124D.95; 8.29 Multicultural education advisory committee, created in 8.30 section 124D.894; 8.31 Male responsibility and fathering grants review committee, 8.32 created in section 124D.33; 8.33 Library for the blind and physically handicapped advisory 8.34 committee, created in section 134.31; 8.35 Higher education advisory council, created in section 8.36 136A.031; 9.1 Student advisory council, created in section 136A.031; 9.2 Cancer surveillance advisory committee, created in section 9.3 144.672; 9.4 Maternal and child health task force, created in section 9.5 145.881; 9.6 State community health advisory committee, created in 9.7 section 145A.10; 9.8 Mississippi River Parkway commission, created in section 9.9 161.1419; 9.10 School bus safety advisory committee, created in section 9.11 169.435; 9.12 Advisory council on workers' compensation, created in 9.13 section 175.007; 9.14 Code enforcement advisory council, created in section 9.15 175.008; 9.16 Medical services review board, created in section 176.103; 9.17 Apprenticeship advisory council, created in section 178.02; 9.18 OSHA advisory council, created in section 182.656; 9.19 Health professionals services program advisory committee, 9.20 created in section 214.32; 9.21 Rehabilitation advisory council for the blind, created in 9.22 section 248.10; 9.23 American Indian advisory council, created in section 9.24 254A.035; 9.25 Alcohol and other drug abuse advisory council, created in 9.26 section 254A.04; 9.27 Medical assistance drug formulary committee, created in 9.28 section 256B.0625; 9.29 Home care advisory committee, created in section 256B.071; 9.30 Preadmission screening, alternative care, and home and 9.31 community-based services advisory committee, created in section 9.32 256B.0911; 9.33 Traumatic brain injury advisory committee, created in 9.34 section 256B.093; 9.35 Minnesota commission serving deaf and hard-of-hearing 9.36 people, created in section 256C.28; 10.1 American Indian child welfare advisory council, created in 10.2 section 257.3579; 10.3 Juvenile justice advisory committee, created in section 10.4 268.29; 10.5 Northeast Minnesota economic development fund technical 10.6 advisory committees, created in section 298.2213; 10.7 Iron range higher education committee, created in section 10.8 298.2214; 10.9 Northeast Minnesota economic protection trust fund 10.10 technical advisory committee, created in section 298.297; 10.11 Pipeline safety advisory committee, created in section10.12 299J.06, expires June 30, 1998;10.13 Battered women's advisory council, created in section 10.14 611A.34. 10.15 Sec. 7. Minnesota Statutes 1998, section 16B.171, is 10.16 amended to read: 10.17 16B.171 [EXCEPTION FOR FEDERAL TRANSPORTATION CONTRACTS.] 10.18 Notwithstanding section 16B.1716C.08 or other law to the 10.19 contrary, the commissioner of transportation may, when required 10.20 by a federal agency entering into an intergovernmental contract, 10.21 negotiate contract terms providing for full or partial 10.22 prepayment to the federal agency before work is performed or 10.23 services are provided. 10.24 Sec. 8. [RENUMBER; SECTION 16B.171.] 10.25 The revisor shall renumber Minnesota Statutes, section 10.26 16B.171, as section 16C.081. 10.27 Sec. 9. Minnesota Statutes 1998, section 16B.335, 10.28 subdivision 4, is amended to read: 10.29 Subd. 4. [ENERGY CONSERVATION.] A recipient to whom a 10.30 direct appropriation is made for a capital improvement project 10.31 shall ensure that the project complies with the applicable 10.32 energy conservation standards contained in law, including 10.33 sections 216C.19 to 216C.21216C.20, and rules adopted 10.34 thereunder. The recipient may use the energy planning and 10.35 intervention and energy technologies units of the department of 10.36 public service to obtain information and technical assistance on 11.1 energy conservation and alternative energy development relating 11.2 to the planning and construction of the capital improvement 11.3 project. 11.4 Sec. 10. Minnesota Statutes 1998, section 16B.465, 11.5 subdivision 1, is amended to read: 11.6 Subdivision 1. [CREATION.] The state information 11.7 infrastructure provides voice, data, video, and other 11.8 telecommunications transmission services to state agencies; 11.9 educational institutions, including public schools as defined in 11.10 section 120A.05, subdivisions 9, 11, 13, and 17, nonpublic, 11.11 church or religious organization schools that provide 11.12 instruction in compliance with sections 120A.22, 120A.24, and 11.13 124A.41120A.41, and private colleges; public corporations; and 11.14 state political subdivisions. It is not a telephone company for 11.15 purposes of chapter 237. It shall not resell or sublease any 11.16 services or facilities to nonpublic entities except it may serve 11.17 private schools and colleges. The commissioner has the 11.18 responsibility for planning, development, and operations of the 11.19 state information infrastructure in order to provide 11.20 cost-effective telecommunications transmission services to state 11.21 information infrastructure users. 11.22 Sec. 11. Minnesota Statutes 1998, section 16C.05, 11.23 subdivision 2, is amended to read: 11.24 Subd. 2. [CREATION AND VALIDITY OF CONTRACTS.] (a) A 11.25 contract is not valid and the state is not bound by it unless: 11.26 (1) it has first been executed by the head of the agency or 11.27 a delegate who is a party to the contract; 11.28 (2) it has been approved by the commissioner; 11.29 (3) it has been approved by the attorney general or a 11.30 delegate as to form and execution; 11.31 (4) the accounting system shows an obligation in an expense 11.32 budget or encumbrance for the amount of the contract liability; 11.33 and 11.34 (5) the combined contract and amendments shall not exceed 11.35 five years, unless otherwise provided for by law. The term of 11.36 the original contract must not exceed two years unless the 12.1 commissioner determines that a longer duration is in the best 12.2 interest of the state. 12.3 (b) Grants, interagency agreements, purchase orders, and 12.4 annual plans need not, in the discretion of the commissioner and 12.5 attorney general, require the signature of the commissioner 12.6 and/or the attorney general. Bond purchase agreements by the 12.7 Minnesota public facilities authority do not require the 12.8 approval of the commissioner. 12.9 (c) A fully executed copy of every contract must be kept on 12.10 file at the contracting agency. 12.11 Sec. 12. Minnesota Statutes 1998, section 19.52, 12.12 subdivision 2, is amended to read: 12.13 Subd. 2. [IMPEDING COMMISSIONER UNLAWFUL.] It is unlawful 12.14 to deny to the commissioner access to any premises which the 12.15 commissioner is authorized to enter for purposes of inspection 12.16 or to resist, thwart, or hinder the commissioner in carrying out 12.17 any authorized inspection, by misrepresentation, concealment or12.18 of facts or conditions, or otherwise. 12.19 Sec. 13. Minnesota Statutes 1998, section 48A.12, 12.20 subdivision 1, is amended to read: 12.21 Subdivision 1. [TERMS.] For purposes of sections 48A.12 to 12.22 48A.2548A.22, the following words and phrases have the meanings 12.23 given them. 12.24 Sec. 14. Minnesota Statutes 1998, section 58.02, 12.25 subdivision 22, is amended to read: 12.26 Subd. 22. [SERVICING; SERVICING A RESIDENTIAL MORTGAGE.] 12.27 "Servicing" or "servicing a residential mortgage loan" means 12.28 through any medium or mode of communication the collection or 12.29 remittance forof, or the right or obligation to collect or 12.30 remit for a lender, mortgagee, note owner, noteholder, or for a 12.31 person's own account, ofpayments, interest, principal, and 12.32 escrow items such as insurance and taxes for property subject to 12.33 a residential mortgage loan. 12.34 Sec. 15. Minnesota Statutes 1998, section 60L.08, 12.35 subdivision 1, is amended to read: 12.36 Subdivision 1. [CLASS LIMITATIONS.] For the purposes of 13.1 section 60L.11, the following limitations on classes of 13.2 investments apply: 13.3 (a) For investments authorized under section 60L.07, clause 13.4 (2), and investments authorized under section 60L.07, clause 13.5 (7), that are of the types described in section 60L.07, clause 13.6 (2), the following restrictions apply: 13.7 (1) the aggregate amount of medium and lower grade 13.8 investments may not exceed 20 percent of the insurer's admitted 13.9 assets; 13.10 (2) the aggregate amount of lower grade investments may not 13.11 exceed ten percent of the insurer's admitted assets; 13.12 (3) the aggregate amount of investments rated 5 or 6 by the 13.13 SVO may not exceed five percent of the insurer's admitted 13.14 assets; 13.15 (4) the aggregate amount of investments rated 6 by the SVO 13.16 may not exceed one percent of the insurer's admitted assets; or 13.17 (5) the aggregate amount of medium and lower grade 13.18 investments that receive as cash income less than the equivalent 13.19 yield for United States Treasury issues with a comparative 13.20 average life, may not exceed one percent of the insurer's 13.21 admitted assets. 13.22 (b) Investments authorized under section 60L.07, clause 13.23 (3), may not exceed 45 percent of admitted assets in the case of 13.24 life insurers and 25 percent of admitted assets in the case of 13.25 insurers other than life insurers. 13.26 (c) Investments authorized under section 60L.07, clause 13.27 (4), other than subsidiaries of the types authorized under 13.28 section 60A.11, subdivision 18, paragraph (a), clause (4); 13.29 60D.16; or 61A.281, may not exceed 20 percent of admitted assets 13.30 in the case of life insurers and 25 percent of admitted assets 13.31 in the case of insurers other than life insurers. 13.32 (d) Investments authorized under section 60L.07, clause 13.33 (5), may not exceed ten percent of admitted assets. 13.34 (e) Investments authorized under section 60L.07, clause 13.35 (6), may not exceed 20 percent of admitted assets in the case of 13.36 life insurers, and ten percent of admitted assets in the case of 14.1 insurers other than life insurers. 14.2 (f) Investments authorized under section 60L.07, clause 14.3 (7), may not exceed 20 percent of admitted assets. 14.4 (g) Investments authorized under section 60L.07, clause 14.5 (8), may not exceed two percent of admitted assets. 14.6 (h) Investments authorized under section 60L.07, clause 14.7 (9)(10), may not exceed two percent of admitted assets. 14.8 Sec. 16. Minnesota Statutes 1998, section 62E.15, 14.9 subdivision 2, is amended to read: 14.10 Subd. 2. [ASSOCIATION'S DUTY.] The association shall 14.11 devise and implement means of maintaining public awareness of 14.12 the provisions of sections 62E.01 to 62E.1762E.16 and shall 14.13 administer these sections in a manner which facilitates public 14.14 participation in the state plan. 14.15 Sec. 17. Minnesota Statutes 1998, section 79A.06, 14.16 subdivision 5, is amended to read: 14.17 Subd. 5. [PRIVATE EMPLOYERS WHO HAVE CEASED TO BE 14.18 SELF-INSURED.] (a) Private employers who have ceased to be 14.19 private self-insurers shall discharge their continuing 14.20 obligations to secure the payment of compensation which is 14.21 accrued during the period of self-insurance, for purposes of 14.22 Laws 1988, chapter 674, sections 1 to 21, by compliance with all 14.23 of the following obligations of current certificate holders: 14.24 (1) Filing reports with the commissioner to carry out the 14.25 requirements of this chapter; 14.26 (2) Depositing and maintaining a security deposit for 14.27 accrued liability for the payment of any compensation which may 14.28 become due, pursuant to chapter 176. However, if a private 14.29 employer who has ceased to be a private self-insurer purchases 14.30 an insurance policy from an insurer authorized to transact 14.31 workers' compensation insurance in this state which provides 14.32 coverage of all claims for compensation arising out of injuries 14.33 occurring during the period the employer was self-insured, 14.34 whether or not reported during that period, the policy will 14.35 discharge the obligation of the employer to maintain a security 14.36 deposit for the payment of the claims covered under the policy. 15.1 The policy may not be issued by an insurer unless it has 15.2 previously been approved as to form and substance by the 15.3 commissioner; and 15.4 (3) Paying within 30 days all assessments of which notice 15.5 is sent by the security fund, for a period of seven years from 15.6 the last day its certificate of self-insurance was in effect. 15.7 Thereafter, the private employer who has ceased to be a private 15.8 self-insurer may either: (i) continue to pay within 30 days all 15.9 assessments of which notice is sent by the security fund until 15.10 it has no incurred liabilities for the payment of compensation 15.11 arising out of injuries during the period of self-insurance; or 15.12 (ii) pay the security fund a cash payment equal to four percent 15.13 of the net present value of all remaining incurred liabilities 15.14 for the payment of compensation under sections 176.101 and 15.15 176.111 as certified by a member of the casualty actuarial 15.16 society. Assessments shall be based on the benefits paid by the 15.17 employer during the calendar year immediately preceding the 15.18 calendar year in which the employer's right to self-insure is 15.19 terminated or withdrawn. 15.20 (b) With respect to a self-insurer who terminates its 15.21 self-insurance authority after April 1, 1998, that member shall 15.22 obtain and file with the commissioner an actuarial opinion of 15.23 its outstanding liabilities as determined by an associate or 15.24 fellow of the Casualty Actuarial Society. The opinion must 15.25 separate liability for indemnity benefits from liability from 15.26 medical benefits, and must discount each up to four percent per 15.27 annum to net present value. Within 30 days after notification 15.28 of approval of the actuarial opinion by the commissioner, the 15.29 member shall pay to the security fund an amount equal to 120 15.30 percent of that discounted outstanding indemnity liability, 15.31 multiplied by the greater of the average annualized assessment 15.32 rate since inception of the security fund or the annual rate at 15.33 the time of the most recent assessment before termination. 15.34 (c) A former member who terminated its self-insurance 15.35 authority before April 1, 1998, who has paid assessments to the 15.36 self-insurers' security fund for seven years, and whose 16.1 annualized assessment is $500 or less, may buy out of its 16.2 outstanding liabilities to the self-insurers' security fund by 16.3 an amount calculated as follows: 1.35 multiplied by the 16.4 indemnity case reserves at the time of the calculation, 16.5 multiplied by the then current self-insurers' security fund 16.6 annualized assessment rate. 16.7 (d) A former member who terminated its self-insurance 16.8 authority before April 1, 1998, and who is paying assessments 16.9 within the first seven years after ceasing to be self-insured 16.10 under paragraph (a), clause (3), may elect to buy out its 16.11 outstanding liabilities to the self-insurers' security fund by 16.12 obtaining and filing with the commissioner an actuarial opinion 16.13 of its outstanding liabilities as determined by an associate or 16.14 fellow of the Casualty Actuarial Society. The opinion must 16.15 separate liability for indemnity benefits from liability from16.16 for medical benefits, and must discount each up to four percent 16.17 per annum to net present value. Within 30 days after 16.18 notification of approval of the actuarial opinion by the 16.19 commissioner, the member shall pay to the security fund an 16.20 amount equal to 120 percent of that discounted outstanding 16.21 indemnity liability, multiplied by the greater of the average 16.22 annualized assessment rate since inception of the security fund 16.23 or the annual rate at the time of the most recent assessment. 16.24 (e) A former member who has paid the security fund 16.25 according to paragraphs (b) to (d) and subsequently receives 16.26 authority from the commissioner to again self-insure shall be 16.27 assessed under section 79A.12, subdivision 2, only on indemnity 16.28 benefits paid on injuries that occurred after the former member 16.29 received authority to self-insure again; provided that the 16.30 member furnishes verified data regarding those benefits to the 16.31 security fund. 16.32 (f) In addition to proceedings to establish liabilities and 16.33 penalties otherwise provided, a failure to comply may be the 16.34 subject of a proceeding before the commissioner. An appeal from 16.35 the commissioner's determination may be taken pursuant to the 16.36 contested case procedures of chapter 14 within 30 days of the 17.1 commissioner's written determination. 17.2 Any current or past member of the self-insurers' security 17.3 fund is subject to service of process on any claim arising out 17.4 of chapter 176 or this chapter in the manner provided by section 17.5 5.25, or as otherwise provided by law. The issuance of a 17.6 certificate to self-insure to the private self-insured employer 17.7 shall be deemed to be the agreement that any process which is 17.8 served in accordance with this section shall be of the same 17.9 legal force and effect as if served personally within this state. 17.10 Sec. 18. Minnesota Statutes 1998, section 103B.581, 17.11 subdivision 2, is amended to read: 17.12 Subd. 2. [FINDINGS AND ORDER.] If the board or joint 17.13 county authority determines that the existence of the district 17.14 is no longer in the public welfare or public interest and it is 17.15 not needed to accomplish the purpose of the Lake Improvement 17.16 District ActLaw, the board or joint county authority shall make 17.17 the findings and terminate the district by order. On filing a 17.18 certified copy of the findings and order with the secretary of 17.19 state, pollution control agency, and commissioner of natural 17.20 resources the district is terminated and ceases to be a 17.21 political subdivision of the state. 17.22 Sec. 19. Minnesota Statutes 1998, section 103G.221, 17.23 subdivision 1, is amended to read: 17.24 Subdivision 1. [DRAINAGE OF PUBLIC WATERS WETLANDS 17.25 GENERALLY PROHIBITED WITHOUT REPLACEMENT.] Except as provided in17.26 subdivisions 2 and 3,Public waters wetlands may not be drained, 17.27 and a permit authorizing drainage of public waters wetlands may 17.28 not be issued, unless the public waters wetlands to be drained 17.29 are replaced by wetlands that will have equal or greater public 17.30 value. 17.31 Sec. 20. Minnesota Statutes 1998, section 115A.175, 17.32 subdivision 2, is amended to read: 17.33 Subd. 2. [DISMISSAL OF CANDIDATE SITES.] All candidate 17.34 sites remaining under Minnesota Statutes 1996, section 115A.21, 17.35 subdivision 1, are dismissed from further consideration as 17.36 candidate sites for hazardous waste facilities. 18.1 Sec. 21. Minnesota Statutes 1998, section 115A.33, is 18.2 amended to read: 18.3 115A.33 [ELIGIBILITY; REQUEST FOR REVIEW.] 18.4 The following persons shall be eligible to request 18.5 supplementary review by the board pursuant to sections 115A.32 18.6 to 115A.39: (a) a generator of sewage sludge within the state 18.7 who has been issued permits by the agency for a facility to 18.8 dispose of sewage sludge or solid waste resulting from sewage 18.9 treatment; (b) a political subdivision which has been issued 18.10 permits by the agency, or a political subdivision acting on 18.11 behalf of a person who has been issued permits by the agency, 18.12 for a solid waste facility which is no larger than 250 acres, 18.13 not including any proposed buffer area, and located outside the 18.14 metropolitan area; (c) a generator of hazardous waste within the 18.15 state who has been issued permits by the agency for a hazardous 18.16 waste facility to be owned and operated by the generator, on 18.17 property owned by the generator, and to be used by the generator 18.18 for managing the hazardous wastes produced by the generator 18.19 only; (d) a person who has been issued permits by the agency for 18.20 a commercial hazardous waste processing facility at a site 18.21 included in the board's inventory of preferred sites for such 18.22 facilities adopted pursuant to Minnesota Statutes 1996, section 18.23 115A.09; (e) a person who has been issued permits by the agency 18.24 for a disposal facility for the nonhazardous sludge, ash, or 18.25 other solid waste generated by a permitted hazardous waste 18.26 processing facility operated by the person. The board may 18.27 require completion of a plan conforming to the requirements of 18.28 section 115A.46, before granting review under clause (b). A 18.29 request for supplementary review shall show that the required 18.30 permits for the facility have been issued by the agency and that 18.31 a political subdivision has refused to approve the establishment 18.32 or operation of the facility. 18.33 Sec. 22. Minnesota Statutes 1998, section 115B.20, 18.34 subdivision 1, is amended to read: 18.35 Subdivision 1. [ESTABLISHMENT.] (a) The environmental 18.36 response, compensation, and compliance account is in the 19.1 environmental fund in the state treasury and may be spent only 19.2 for the purposes provided in subdivision 2. 19.3 (b) The commissioner of finance shall administer a response 19.4 account for the agency and the commissioner of agriculture to 19.5 take removal, response, and other actions authorized under 19.6 subdivision 2, clauses (1) to (4) and (10) to (12). The 19.7 commissioner of finance shall transfer money from the response 19.8 account to the agency and the commissioner of agriculture to 19.9 take actions required under subdivision 2, clauses (1) to (4) 19.10 and (10) to (12). 19.11 (c) The commissioner of finance shall administer the 19.12 account in a manner that allows the commissioner of agriculture 19.13 and the agency to utilize the money in the account to implement 19.14 their removal and remedial action duties as effectively as 19.15 possible. 19.16 (d) Amounts appropriated to the commissioner of finance 19.17 under this subdivision shall not be included in the department 19.18 of finance budget but shall be included in the pollution control 19.19 agency and department of agriculture budgets. 19.20 (e) All money recovered by the state under section 115B.04 19.21 or any other law for injury to, destruction of, or loss of 19.22 natural resources resulting from the release of a hazardous 19.23 substance, or a pollutant or contaminant, must be credited to 19.24 the environmental response, compensation, and compliance account 19.25 in the environmental fund and is appropriated to the 19.26 commissioner of natural resources for purposes of subdivision 2, 19.27 clause (6)(5), consistent with any applicable term of 19.28 judgments, consent decrees, consent orders, or other 19.29 administrative actions requiring payments to the state for such 19.30 purposes. Before making an expenditure of money appropriated 19.31 under this paragraph, the commissioner of natural resources 19.32 shall provide written notice of the proposed expenditure to the 19.33 chairs of the senate committee on finance, the house of 19.34 representatives committee on ways and means, the finance 19.35 division of the senate committee on environment and natural 19.36 resources, and the house of representatives committee on 20.1 environment and natural resources finance. 20.2 Sec. 23. Minnesota Statutes 1998, section 115C.021, 20.3 subdivision 1, is amended to read: 20.4 Subdivision 1. [GENERAL RULE.] Except as provided in 20.5 subdivisionsubdivisions 2 to 4, a person is responsible for a 20.6 release from a tank if the person is an owner or operator of the 20.7 tank at any time during or after the release. 20.8 Sec. 24. Minnesota Statutes 1998, section 116.182, 20.9 subdivision 3a, is amended to read: 20.10 Subd. 3a. [NOTIFICATION OF OTHER GOVERNMENT UNITS.] In 20.11 addition to other applicable statutes or rules that are required 20.12 to receive financial assistance consistent with this 20.13 subdivision, the commissioner may not approve or certify a 20.14 project to the public facilities authority for wastewater 20.15 financial assistance unless the following requirements are met: 20.16 (1) prior to the initiation of the public facilities 20.17 planning process for a new wastewater treatment system, the 20.18 project proposer gives written notice to all municipalities as20.19 defined in section 116.82within ten miles of the proposed 20.20 project service area, including the county in which the project 20.21 is located, the office of strategic and long-range planning, and 20.22 the pollution control agency. The notice shall state the 20.23 proposer's intent to begin the facilities planning process and 20.24 provide a description of the need for the proposed project. The 20.25 notice also shall request a response within 30 days of the 20.26 notice date from all government units who wish to receive and 20.27 comment on the future facilities plan for the proposed project; 20.28 (2) during development of the facility plan's analysis of 20.29 service alternatives, the project proposer must request 20.30 information from all municipalities and sanitary districts which 20.31 have existing systems that have current capacity to meet the 20.32 proposer's needs or can be upgraded to meet those needs. At a 20.33 minimum, the proposer must notify in writing those 20.34 municipalities and sanitary districts whose corporate limits or 20.35 boundaries are within three miles of the proposed project's 20.36 service area; 21.1 (3) 60 days prior to the municipality's public hearing on 21.2 the facilities plan, a copy of the draft facilities plan and 21.3 notice of the public hearing on the facilities plan must be 21.4 given to the local government units who previously expressed 21.5 interest in the proposed project under clause (1); 21.6 (4) for a proposed project located or proposed to be 21.7 located outside the corporate limits of a city, the affected 21.8 county has certified to the agency that the proposed project is 21.9 consistent with the applicable county comprehensive plan and 21.10 zoning and subdivision regulations; and 21.11 (5) copies of the notifications required under clauses (1) 21.12 and (2), as well as the certification from the county and a 21.13 summary of the comments received, must be included by the 21.14 municipality in the submission of its facilities plan to the 21.15 pollution control agency, along with other required items as 21.16 specified in the agency's rules. 21.17 This subdivision does not apply to the western Lake 21.18 Superior sanitary district or the metropolitan council. 21.19 Sec. 25. Minnesota Statutes 1998, section 116J.70, 21.20 subdivision 2a, is amended to read: 21.21 Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or 21.22 "license" does not include the following: 21.23 (1) any occupational license or registration issued by a 21.24 licensing board listed in section 214.01 or any occupational 21.25 registration issued by the commissioner of health pursuant to 21.26 section 214.13; 21.27 (2) any license issued by a county, home rule charter city, 21.28 statutory city, township, or other political subdivision; 21.29 (3) any license required to practice the following 21.30 occupation regulated by the following sections: 21.31 (i) abstracters regulated pursuant to chapter 386; 21.32 (ii) accountants regulated pursuant to chapter 326; 21.33 (iii) adjusters regulated pursuant to chapter 72B; 21.34 (iv) architects regulated pursuant to chapter 326; 21.35 (v) assessors regulated pursuant to chapter 270; 21.36 (vi) athletic trainers regulated pursuant to chapter 148; 22.1 (vii) attorneys regulated pursuant to chapter 481; 22.2 (viii) auctioneers regulated pursuant to chapter 330; 22.3 (ix) barbers regulated pursuant to chapter 154; 22.4 (x) beauticians regulated pursuant to chapter 155A; 22.5 (xi) boiler operators regulated pursuant to chapter 183; 22.6 (xii) chiropractors regulated pursuant to chapter 148; 22.7 (xiii) collection agencies regulated pursuant to chapter 22.8 332; 22.9 (xiv) cosmetologists regulated pursuant to chapter 155A; 22.10 (xv) dentists, registered dental assistants, and dental 22.11 hygienists regulated pursuant to chapter 150A; 22.12 (xvi) detectives regulated pursuant to chapter 326; 22.13 (xvii) electricians regulated pursuant to chapter 326; 22.14 (xviii) mortuary science practitioners regulated pursuant 22.15 to chapter 149A; 22.16 (xix) engineers regulated pursuant to chapter 326; 22.17 (xx) insurance brokers and salespersons regulated pursuant 22.18 to chapter 60A; 22.19 (xxi) certified interior designers regulated pursuant to 22.20 chapter 326; 22.21 (xxii) midwives regulated pursuant to chapter 148; 22.22 (xxiii) nursing home administrators regulated pursuant to 22.23 chapter 144A; 22.24 (xxiv) optometrists regulated pursuant to chapter 148; 22.25 (xxv) osteopathic physicians regulated pursuant to chapter 22.26 147; 22.27 (xxvi) pharmacists regulated pursuant to chapter 151; 22.28 (xxvii) physical therapists regulated pursuant to chapter 22.29 148; 22.30 (xxviii) physician assistants regulated pursuant to chapter 22.31 147A; 22.32 (xxix) physicians and surgeons regulated pursuant to 22.33 chapter 147; 22.34 (xxx) plumbers regulated pursuant to chapter 326; 22.35 (xxxi) podiatrists regulated pursuant to chapter 153; 22.36 (xxxii) practical nurses regulated pursuant to chapter 148; 23.1 (xxxiii) professional fund raisers regulated pursuant to 23.2 chapter 309; 23.3 (xxxiv) psychologists regulated pursuant to chapter 148; 23.4 (xxxv) real estate brokers, salespersons, and others 23.5 regulated pursuant to chapters 82 and 83; 23.6 (xxxvi) registered nurses regulated pursuant to chapter 23.7 148; 23.8 (xxxvii) securities brokers, dealers, agents, and 23.9 investment advisers regulated pursuant to chapter 80A; 23.10 (xxxviii) steamfitters regulated pursuant to chapter 326; 23.11 (xxxix) teachers and supervisory and support personnel 23.12 regulated pursuant to chapter 125; 23.13 (xl) veterinarians regulated pursuant to chapter 156; 23.14 (xli) water conditioning contractors and installers 23.15 regulated pursuant to chapter 326; 23.16 (xlii) water well contractors regulated pursuant to chapter 23.17 103I; 23.18 (xliii) water and waste treatment operators regulated 23.19 pursuant to chapter 115; 23.20 (xliv) motor carriers regulated pursuant to chapter 221; 23.21 (xlv) professional corporations regulated pursuant to23.22 chapter 319A orprofessional firms regulated under chapter 319B; 23.23 (xlvi) real estate appraisers regulated pursuant to chapter 23.24 82B; 23.25 (xlvii) residential building contractors, residential 23.26 remodelers, residential roofers, manufactured home installers, 23.27 and specialty contractors regulated pursuant to chapter 326; 23.28 (4) any driver's license required pursuant to chapter 171; 23.29 (5) any aircraft license required pursuant to chapter 360; 23.30 (6) any watercraft license required pursuant to chapter 23.31 86B; 23.32 (7) any license, permit, registration, certification, or 23.33 other approval pertaining to a regulatory or management program 23.34 related to the protection, conservation, or use of or 23.35 interference with the resources of land, air, or water, which is 23.36 required to be obtained from a state agency or instrumentality; 24.1 and 24.2 (8) any pollution control rule or standard established by 24.3 the pollution control agency or any health rule or standard 24.4 established by the commissioner of health or any licensing rule 24.5 or standard established by the commissioner of human services. 24.6 Sec. 26. Minnesota Statutes 1998, section 117.47, is 24.7 amended to read: 24.8 117.47 [PERMITS; LICENSES.] 24.9 The commissioner of natural resources may grant permits and 24.10 licenses or leases on and across lands owned by the state to any 24.11 corporation or association engaged in or preparing to engage in 24.12 the business of mining and beneficiating taconite as defined in 24.13 section 298.23298.001, subdivision 4, or semitaconite as 24.14 defined in section 298.34, for the purpose of providing the 24.15 corporation or association necessary easements, rights of way 24.16 and surface rights over, through and across such lands for the 24.17 erection and maintenance of pipe lines, pole lines, conduits, 24.18 sluiceways, roads, railroads and tramways. The commissioner may 24.19 grant permits and licenses or leases for flowage rights, rights 24.20 to transport crude ore, concentrates or waste materials over 24.21 such state-owned lands, and may lease state-owned lands for the 24.22 depositing of stripping, lean ores, tailings, or waste products 24.23 of such business. Such permits, licenses or leases, may also 24.24 authorize the use of state-owned lands by such corporation or 24.25 association for plants and other buildings necessary to the 24.26 proper carrying on of such business and may grant water rights 24.27 and other rights requisite to the construction of wharves, 24.28 piers, breakwaters, or similar facilities necessary to the 24.29 carrying on of such business or the shipment of the products 24.30 thereof. The commissioner may also license the flooding of 24.31 state lands in connection with any permit or authorization for 24.32 the use of public waters issued by the legislature or issued by 24.33 the commissioner pursuant to law. Such permits, licenses, and 24.34 leases shall be upon such conditions and for such consideration 24.35 and for such period of time as the commissioner may determine. 24.36 The county auditor, with the approval of the county board, is 25.1 authorized to grant permits, licenses and leases for all such 25.2 purposes across tax-forfeited lands not held by the state free 25.3 from any trust in favor of any and all taxing districts, upon 25.4 such conditions and for such consideration and for such period 25.5 of time as the county board may determine. Any proceeds from 25.6 the granting of such permits, licenses or leases shall be 25.7 apportioned and distributed as other proceeds from the sale or 25.8 rental of tax-forfeited lands. 25.9 Sec. 27. Minnesota Statutes 1998, section 119A.03, 25.10 subdivision 2, is amended to read: 25.11 Subd. 2. [DUTIES OF THE COMMISSIONER.] The commissioner 25.12 shall: 25.13 (1) identify measurable outcomes by which programs 25.14 administered by the department will be evaluated at the state 25.15 and local level; 25.16 (2) develop linkages with other state departments to ensure 25.17 coordination and consistent state policies promoting healthy 25.18 development of children and families; 25.19 (3) prepare, in consultation with the children's cabinet ,25.20 the commission on children, youth, and their families,and 25.21 affected parties, prior to January 1, 1996, andprior to July 1 25.22 of each year thereafter, guidelines governing planning, 25.23 reporting, and other procedural requirements necessary to 25.24 administer this chapter; 25.25 (4) facilitate inclusive processes when designing or 25.26 implementing guidelines and strategies to achieve agency goals 25.27 for children and families listed in section 119A.01, subdivision 25.28 3; 25.29 (5) facilitate intergovernmental and public-private 25.30 partnership strategies necessary to implement this chapter; 25.31 (6) submit to the federal government, or provide assistance 25.32 to local governments and organizations in submitting, where 25.33 appropriate and feasible, requests for federal waivers or 25.34 recommendations for changes in federal law necessary to carry 25.35 out the purposes of this chapter; 25.36 (7) coordinate review of all plans and other documents 26.1 required under the guidelines provided for in clause (3); 26.2 (8) coordinate development of the management support system 26.3 components required for implementation of this chapter; 26.4 (9) review other programs serving children and families to 26.5 determine the feasibility for transfer to the department of 26.6 children, families, and learning or the feasibility of inclusion 26.7 in the funding consolidation process; and 26.8 (10) monitor local compliance with this chapter. 26.9 Sec. 28. Minnesota Statutes 1998, section 119A.26, 26.10 subdivision 2, is amended to read: 26.11 Subd. 2. [DUTIES.] (a) The assistant commissioner shall: 26.12 (1) gather, develop, and make available throughout the 26.13 state information and educational materials on preventing and 26.14 reducing violence in the family and in the community, both 26.15 directly and by serving as a clearinghouse for information and 26.16 educational materials from schools, state and local agencies, 26.17 community service providers, and local organizations; 26.18 (2) foster collaboration among schools, state and local 26.19 agencies, community service providers, and local organizations 26.20 that assist in violence intervention or prevention; 26.21 (3) assist schools, state and local agencies, service 26.22 providers, and organizations, on request, with training and 26.23 other programs designed to educate individuals about violence 26.24 and reinforce values that contribute to ending violence; 26.25 (4) after consulting with all state agencies involved in 26.26 preventing or reducing violence within the family or community, 26.27 develop a statewide strategy for preventing and reducing 26.28 violence that encompasses the efforts of those agencies and 26.29 takes into account all money available for preventing or 26.30 reducing violence from any source; 26.31 (5) submit the strategy to the governor by January 15 of 26.32 each calendar year, along with a summary of activities occurring 26.33 during the previous year to prevent or reduce violence 26.34 experienced by children, young people, and their families; and 26.35 (6) assist appropriate professional and occupational 26.36 organizations, including organizations of law enforcement 27.1 officers, prosecutors, and educators, in developing and 27.2 operating informational and training programs to improve the 27.3 effectiveness of activities to prevent or reduce violence within 27.4 the family or community. 27.5 (b) The assistant commissioner shall gather and make 27.6 available information on prevention and supply reduction 27.7 activities throughout the state, foster cooperation among 27.8 involved state and local agencies, and assist agencies and 27.9 public officials in training and other programs designed to 27.10 improve the effectiveness of prevention and supply reduction 27.11 activities. 27.12 (c) The assistant commissioner shall coordinate the 27.13 distribution of funds received by the state of Minnesota through 27.14 the federal Anti-Drug Abuse Act. The assistant commissioner 27.15 shall recommend to the commissioner recipients of grants under 27.16 sections 119A.30 andsection 299A.33, after consultation with 27.17 the chemical abuse prevention resource council. 27.18 (d) The assistant commissioner shall: 27.19 (1) after consultation with all state agencies involved in 27.20 prevention or supply reduction activities, develop a state 27.21 chemical abuse and dependency strategy encompassing the efforts 27.22 of those agencies and taking into account all money available 27.23 for prevention and supply reduction activities, from any source; 27.24 (2) submit the strategy to the governor by January 15 of 27.25 each year, along with a summary of prevention and supply 27.26 reduction activities during the preceding calendar year; 27.27 (3) assist appropriate professional and occupational 27.28 organizations, including organizations of law enforcement 27.29 officers, prosecutors, and educators, in developing and 27.30 operating informational and training programs to improve the 27.31 effectiveness of prevention and supply reduction activities; 27.32 (4) provide information, including information on drug 27.33 trends, and assistance to state and local agencies, both 27.34 directly and by functioning as a clearinghouse for information 27.35 from other agencies; 27.36 (5) facilitate cooperation among drug program agencies; and 28.1 (6) in coordination with the chemical abuse prevention 28.2 resource council, review, approve, and coordinate the 28.3 administration of prevention, criminal justice, and treatment 28.4 grants. 28.5 Sec. 29. Minnesota Statutes 1998, section 119A.45, is 28.6 amended to read: 28.7 119A.45 [EARLY CHILDHOOD LEARNING AND CHILD PROTECTION 28.8 FACILITIES.] 28.9 The commissioner may make grants to state agencies and 28.10 political subdivisions to construct or rehabilitate facilities 28.11 for Head Start, early childhood and family education programs, 28.12 other early childhood intervention programs, or demonstration 28.13 family service centers housing multiagency collaboratives, with 28.14 priority to centers in counties or municipalities with the 28.15 highest numberpercentage of children living in poverty. The 28.16 commissioner may also make grants to state agencies and 28.17 political subdivisions to construct or rehabilitate facilities 28.18 for crisis nurseries or child visitation centers. The 28.19 facilities must be owned by the state or a political 28.20 subdivision, but may be leased under section 16A.695 to 28.21 organizations that operate the programs. The commissioner must 28.22 prescribe the terms and conditions of the leases. A grant for 28.23 an individual facility must not exceed $200,000 for each program 28.24 that is housed in the facility, up to a maximum of $500,000 for 28.25 a facility that houses three programs or more. The commissioner 28.26 must give priority to grants that involve collaboration among 28.27 sponsors of programs under this section and may give priority to 28.28 projects that collaborate with child care providers, including 28.29 all-day and school-age child care programs, special needs care, 28.30 sick child care, and nontraditional hour care. The commissioner 28.31 may give priority to grants for programs that will increase 28.32 their child care workers' wages as a result of the grant. At 28.33 least 25 percent of the amounts appropriated for these 28.34 grants must be used in conjunction with the youth employment and28.35 training programs operated by the commissioner of economic28.36 securityup to $50,000 must utilize youthbuild under sections 29.1 268.361 to 268.366 or other youth employment and training 29.2 programs for the labor portion of the construction. Eligible 29.3 programs must consult with appropriate labor organizations to 29.4 deliver education and training. State appropriations must be 29.5 matched on a 50 percent basis with nonstate funds. The matching 29.6 requirement must apply programwide and not to individual grants. 29.7 Sec. 30. Minnesota Statutes 1998, section 119A.46, 29.8 subdivision 4, is amended to read: 29.9 Subd. 4. [LEAD CONTRACTORSSUPERVISOR OR CERTIFIED FIRM.] 29.10 (a) Eligible organizations and lead contractorssupervisors or 29.11 certified firms may participate in the swab team program. An 29.12 eligible organization receiving a grant under this section must 29.13 assure that all participating lead contractorssupervisors or 29.14 certified firms are licensed and that all swab team workers are 29.15 certified by the department of health under section 144.9505. 29.16 Eligible organizations and lead contractorssupervisors or 29.17 certified firms may distinguish between interior and exterior 29.18 services in assigning duties and may participate in the program 29.19 by: 29.20 (1) providing on-the-job training for swab team workers; 29.21 (2) providing swab team services to meet the requirements 29.22 of sections 144.9503, subdivision 4, and 144.9504, subdivision 29.23 6; 29.24 (3) providing a removal and replacement component using 29.25 skilled craft workers under subdivision 7; 29.26 (4) providing lead testing according to subdivision 8; 29.27 (5) providing lead dust cleaning supplies, as described in 29.28 section 144.9503144.9507, subdivision 54, 29.29 paragraph (b)(c), to residents; or 29.30 (6) having a swab team worker instruct residents and 29.31 property owners on appropriate lead control techniques, 29.32 including the lead-safe directives developed by the commissioner 29.33 of health. 29.34 (b) Participating lead contractorssupervisors or certified 29.35 firms must: 29.36 (1) demonstrate proof of workers' compensation and general 30.1 liability insurance coverage; 30.2 (2) be knowledgeable about lead abatement requirements 30.3 established by the Department of Housing and Urban Development 30.4 and the Occupational Safety and Health Administration and lead 30.5 hazard reduction requirements and lead-safe directives of the 30.6 commissioner of health; 30.7 (3) demonstrate experience with on-the-job training 30.8 programs; 30.9 (4) demonstrate an ability to recruit employees from areas 30.10 at high risk for toxic lead exposure; and 30.11 (5) demonstrate experience in working with low-income 30.12 clients. 30.13 Sec. 31. Minnesota Statutes 1998, section 119A.51, 30.14 subdivision 1, is amended to read: 30.15 Subdivision 1. [SCOPE.] As used in sections 119A.52 to30.16 119A.54and 119A.53, the terms defined in this section have the 30.17 meanings given them. 30.18 Sec. 32. Minnesota Statutes 1998, section 119B.05, 30.19 subdivision 1, is amended to read: 30.20 Subdivision 1. [ELIGIBLE RECIPIENTS.] Families eligible 30.21 for child care assistance under the AFDC child care program are: 30.22 (1) persons receiving services under sections 256.031 to 30.23 256.0361 and 256.047 to 256.048; 30.24 (2) AFDC recipients who are employed or in job search and 30.25 meet the requirements of section 119B.10; 30.26 (3) persons who are members of transition year families 30.27 under section 119B.01, subdivision 16; 30.28 (4) members of the control group for the STRIDE evaluation 30.29 conducted by the Manpower Demonstration Research Corporation; 30.30 (5) AFDC caretakers who are participating in the STRIDE and 30.31 non-STRIDE AFDC child care program; 30.32 (6) families who are participating in employment 30.33 orientation or job search, or other employment or training 30.34 activities that are included in an approved employability 30.35 development plan under chapter 256K; and 30.36 (7) MFIP-S families who are participating in work 31.1 activities as required in their job search support or employment 31.2 plan, or in appeals, hearings, assessments, or orientations 31.3 according to chapter 256J. Child care assistance to support 31.4 work activities as described in section 256J.49 must be 31.5 available according to sections 119A.54,119B.01, subdivision 8, 31.6 124D.13, 256E.08, and 611A.32 and titles IVA, IVB, IVE, and XX 31.7 of the Social Security Act. 31.8 Sec. 33. Minnesota Statutes 1998, section 123B.57, 31.9 subdivision 6, is amended to read: 31.10 Subd. 6. [USES OF HEALTH AND SAFETY REVENUE.] Health and 31.11 safety revenue may be used only for approved expenditures 31.12 necessary to correct fire safety hazards, life safety hazards, 31.13 or for the removal or encapsulation of asbestos from school 31.14 buildings or property, asbestos-related repairs, cleanup and 31.15 disposal of polychlorinated biphenyls found in school buildings 31.16 or property, or the cleanup, removal, disposal, and repairs 31.17 related to storing heating fuel or transportation fuels such as 31.18 alcohol, gasoline, fuel oil, and special fuel, as defined in 31.19 section 296.01296A.01, labor and industry regulated facility 31.20 and equipment hazards, and health, safety, and environmental 31.21 management. Health and safety revenue must not be used for the 31.22 construction of new facilities or the purchase of portable 31.23 classrooms. The revenue may not be used for a building or 31.24 property or part of a building or property used for 31.25 post-secondary instruction or administration or for a purpose 31.26 unrelated to elementary and secondary education. 31.27 Sec. 34. Minnesota Statutes 1998, section 126C.21, 31.28 subdivision 4, is amended to read: 31.29 Subd. 4. [TACONITE DEDUCTIONS.] (1) Notwithstanding any 31.30 provisions of any other law to the contrary, the adjusted net 31.31 tax capacity used in calculating general education aid may 31.32 include only that property that is currently taxable in the 31.33 district. 31.34 (2) For districts that received payments under sections 31.35 298.018; 298.23298.24 to 298.28; 298.34 to 298.39; 298.391 to 31.36 298.396; and 298.405; any law imposing a tax upon severed 32.1 mineral values, or recognized revenue pursuant to section 32.2 477A.15; the general education aid must be reduced in the final 32.3 adjustment payment by the difference between the dollar amount 32.4 of the payments received pursuant to those sections, or revenue 32.5 recognized pursuant to section 477A.15 in the fiscal year to 32.6 which the final adjustment is attributable and the amount that 32.7 was calculated, pursuant to section 126C.48, subdivision 8, as a 32.8 reduction of the levy attributable to the fiscal year to which 32.9 the final adjustment is attributable. If the final adjustment 32.10 of a district's general education aid for a fiscal year is a 32.11 negative amount because of this clause, the next fiscal year's 32.12 general education aid to that district must be reduced by this 32.13 negative amount in the following manner: there must be withheld 32.14 from each scheduled general education aid payment due the 32.15 district in such fiscal year, 15 percent of the total negative 32.16 amount, until the total negative amount has been withheld. The 32.17 amount reduced from general education aid pursuant to this 32.18 clause must be recognized as revenue in the fiscal year to which 32.19 the final adjustment payment is attributable. 32.20 Sec. 35. Minnesota Statutes 1998, section 126C.48, 32.21 subdivision 8, is amended to read: 32.22 Subd. 8. [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1) 32.23 Reductions in levies pursuant to sections 126C.48, subdivision 32.24 1, and 273.138, must be made prior to the reductions in clause 32.25 (2). 32.26 (2) Notwithstanding any other law to the contrary, 32.27 districts which received payments pursuant to sections 298.018; 32.28 298.23298.24 to 298.28, except an amount distributed under 32.29 section 298.28, subdivision 4, paragraph (c), clause (ii); 32.30 298.34 to 298.39; 298.391 to 298.396; 298.405; and any law 32.31 imposing a tax upon severed mineral values, or recognized 32.32 revenue pursuant to section 477A.15; must not include a portion 32.33 of these aids in their permissible levies pursuant to those 32.34 sections, but instead must reduce the permissible levies 32.35 authorized by this chapter and chapters 120B, 122A, 123A, 123B, 32.36 124A, 124D, 125A, and 127A by the greater of the following: 33.1 (a) an amount equal to 50 percent of the total dollar 33.2 amount of the payments received pursuant to those sections or 33.3 revenue recognized pursuant to section 477A.15 in the previous 33.4 fiscal year; or 33.5 (b) an amount equal to the total dollar amount of the 33.6 payments received pursuant to those sections or revenue 33.7 recognized pursuant to section 477A.15 in the previous fiscal 33.8 year less the product of the same dollar amount of payments or 33.9 revenue times five percent. 33.10 (3) No reduction pursuant to this subdivision shall reduce 33.11 the levy made by the district pursuant to section 126C.13, to an 33.12 amount less than the amount raised by a levy of a net tax rate 33.13 of 6.82 percent times the adjusted net tax capacity for taxes 33.14 payable in 1990 and thereafter of that district for the 33.15 preceding year as determined by the commissioner. The amount of 33.16 any increased levy authorized by referendum pursuant to section 33.17 126C.17, subdivision 9, shall not be reduced pursuant to this 33.18 subdivision. The amount of any levy authorized by section 33.19 126C.43, to make payments for bonds issued and for interest 33.20 thereon, shall not be reduced pursuant to this subdivision. 33.21 (4) Before computing the reduction pursuant to this 33.22 subdivision of the health and safety levy authorized by sections 33.23 123B.57 and 126C.40, subdivision 5, the commissioner shall 33.24 ascertain from each affected school district the amount it 33.25 proposes to levy under each section or subdivision. The 33.26 reduction shall be computed on the basis of the amount so 33.27 ascertained. 33.28 (5) Notwithstanding any law to the contrary, any amounts 33.29 received by districts in any fiscal year pursuant to sections 33.30 298.018; 298.23298.24 to 298.28; 298.34 to 298.39; 298.391 to 33.31 298.396; 298.405; or any law imposing a tax on severed mineral 33.32 values; and not deducted from general education aid pursuant to 33.33 section 126C.21, subdivision 4, clause (2), and not applied to 33.34 reduce levies pursuant to this subdivision shall be paid by the 33.35 district to the St. Louis county auditor in the following amount 33.36 by March 15 of each year, the amount required to be subtracted 34.1 from the previous fiscal year's general education aid pursuant 34.2 to section 126C.21, subdivision 4, which is in excess of the 34.3 general education aid earned for that fiscal year. The county 34.4 auditor shall deposit any amounts received pursuant to this 34.5 clause in the St. Louis county treasury for purposes of paying 34.6 the taconite homestead credit as provided in section 273.135. 34.7 Sec. 36. Minnesota Statutes 1998, section 136F.47, is 34.8 amended to read: 34.9 136F.47 [PENSION PLAN.] 34.10 Effective July 1, 1995,The board shall assume the 34.11 administrative responsibility for the individual retirement 34.12 account plans in chapterchapters 354B and 354C formerly 34.13 administered separately by the state university board and the 34.14 community college board. The separate plans and the former plan 34.15 administration must be merged into a single individual 34.16 retirement account plan and plan administration covering 34.17 eligible employees of the board, eligible employees of system 34.18 institutions, and other eligible employee groups who are covered 34.19 by the plan under section 354B.01354B.21. 34.20 Sec. 37. Minnesota Statutes 1998, section 156.11, is 34.21 amended to read: 34.22 156.11 [CORPORATIONS NOT TO PRACTICE.] 34.23 It shall be unlawful in the state of Minnesota for any 34.24 corporation, other than one organized pursuant to chapter 319A34.25 or319B, to practice veterinary medicine, or to hold itself out 34.26 or advertise itself in any way as being entitled to practice 34.27 veterinary medicine, or to receive the fees, or portions of 34.28 fees, or gifts or other emoluments or benefits derived from the 34.29 practice of veterinary medicine, or the performance of 34.30 veterinary services by any person, whether such person be 34.31 licensed to practice veterinary medicine or not. Any 34.32 corporation violating the provisions of this section shall be 34.33 guilty of a gross misdemeanor and fined not more than $3,000 for 34.34 each offense, and each day that this chapter is violated shall 34.35 be considered a separate offense. 34.36 Sec. 38. Minnesota Statutes 1998, section 168.022, 35.1 subdivision 4, is amended to read: 35.2 Subd. 4. [PAYMENT OUT OF HIGHWAY USER FUND.] Payment of 35.3 any refund pursuant to this section shall be made out of the 35.4 highway user tax distribution fund and the amounts necessary to 35.5 pay the refunds are appropriated out of the highway userthat 35.6 fund. 35.7 Sec. 39. Minnesota Statutes 1998, section 169.1217, 35.8 subdivision 7a, is amended to read: 35.9 Subd. 7a. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 35.10 motor vehicle used to commit a designated offense or used in 35.11 conduct resulting in a designated license revocation is subject 35.12 to administrative forfeiture under this subdivision. 35.13 (b) When a motor vehicle is seized under subdivision 2, the 35.14 appropriate agency shall serve the driver or operator of the 35.15 vehicle with a notice of the seizure and intent to forfeit the 35.16 vehicle. Additionally, when a motor vehicle is seized under 35.17 subdivision 2, or within a reasonable time after that, all 35.18 persons known to have an ownership or possessory interest in the 35.19 vehicle must be notified of the seizure and the intent to 35.20 forfeit the vehicle. Notice mailed by certified mail to the 35.21 address shown in department of public safety records is 35.22 sufficient notice to the registered owner of the vehicle. 35.23 Otherwise, notice may be given in the manner provided by law for 35.24 service of a summons in a civil action. 35.25 (c) The notice must be in writing and contain: 35.26 (1) a description of the vehicle seized; 35.27 (2) the date of seizure; and 35.28 (3) notice of the right to obtain judicial review of the 35.29 forfeiture and of the procedure for obtaining that judicial 35.30 review, printed in English, Hmong, and Spanish. Substantially 35.31 the following language must appear conspicuously: "IF YOU DO 35.32 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 35.33 STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT 35.34 TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 35.35 RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT 35.36 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 36.1 UNABLE TO AFFORD THE FEE. YOU DO NOT HAVE TO PAY THE FILING FEE 36.2 IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM 36.3 IN CONCILIATION COURT." 36.4 (d) Within 30 days following service of a notice of seizure 36.5 and forfeiture under this subdivision, a claimant may file a 36.6 demand for a judicial determination of the forfeiture. The 36.7 demand must be in the form of a civil complaint and must be 36.8 filed with the court administrator in the county in which the 36.9 seizure occurred, together with proof of service of a copy of 36.10 the complaint on the prosecuting authority having jurisdiction 36.11 over the forfeiture, and the standard filing fee for civil 36.12 actions unless the petitioner has the right to sue in forma 36.13 pauperis under section 563.01. If the value of the seized 36.14 property is less than $500, the claimant may file an action in 36.15 conciliation court for recovery of the seized vehicle without 36.16 paying the conciliation court filing fee. No responsive 36.17 pleading is required of the prosecuting authority and no court 36.18 fees may be charged for the prosecuting authority's appearance 36.19 in the matter. Except as provided in this section, judicial 36.20 reviews and hearings are governed by section 169.123, 36.21 subdivisions 5c and 6, and shall take place at the same time as 36.22 any judicial review of the person's license revocation under 36.23 section 169.123. The proceedings may be combined with any 36.24 hearing on a petition filed under section 169.123, subdivision 36.25 5c, and are governed by the rules of civil procedure. 36.26 (e) The complaint must be captioned in the name of the 36.27 claimant as plaintiff and the seized vehicle as defendant, and 36.28 must state with specificity the grounds on which the claimant 36.29 alleges the vehicle was improperly seized and the plaintiff's 36.30 interest in the vehicle seized. Notwithstanding any law to the 36.31 contrary, an action for the return of a vehicle seized under 36.32 this section may not be maintained by or on behalf of any person 36.33 who has been served with a notice of seizure and forfeiture 36.34 unless the person has complied with this subdivision. 36.35 (f) If the claimant makes a timely demand for a judicial 36.36 determination under this subdivision, the appropriate agency 37.1 must conduct the forfeiture under subdivision 8. 37.2 (g) If a demand for judicial determination of an 37.3 administrative forfeiture is filed under this subdivision and 37.4 the court orders the return of the seized vehicle, the court 37.5 shall order that filing fees be reimbursed to the person who 37.6 filed the demand. In addition, the court may order the payment37.7 of reasonable costs, expenses, and attorney feessanctions under 37.8 section 549.21, subdivision 2549.211. 37.9 Sec. 40. Minnesota Statutes 1998, section 169.129, 37.10 subdivision 2, is amended to read: 37.11 Subd. 2. [PENALTIES.] (a) Except as otherwise provided in 37.12 paragraph (b), a person who violates subdivision 1 is guilty of 37.13 a gross misdemeanor. 37.14 (b) A person is guilty of an enhanced gross misdemeanor and 37.15 may be sentenced to imprisonment in a local correctional 37.16 facility for not more than two years or to payment of a fine of 37.17 not more than $3,000, or both, if the person violates 37.18 subdivision 1 and the person's driver's license or driving 37.19 privilege has been suspended, revoked, canceled, denied, or 37.20 disqualified two or more times within the past ten years under 37.21 any of the statutes listed in subdivision 1. A person convicted 37.22 of an enhanced gross misdemeanor under this paragraph is subject 37.23 to the applicable mandatory penalties provided in section 37.24 169.121, subdivision 3d3e. 37.25 Sec. 41. Minnesota Statutes 1998, section 171.061, 37.26 subdivision 1, is amended to read: 37.27 Subdivision 1. [DEFINITIONS.] For purposes of this section: 37.28 (1) "applicant" means an individual applying for a driver's 37.29 license, provisional license, restricted license, duplicate 37.30 license, instruction permit, Minnesota identification card, or 37.31 motorized bicycle operator's permit; and 37.32 (2) "application" refers to an application for a driver's 37.33 license, provisional license, restricted license, duplicate 37.34 license, instruction permit, Minnesota identification card, or 37.35 motorized bicycle operator's permit. 37.36 Sec. 42. Minnesota Statutes 1998, section 171.07, 38.1 subdivision 10, is amended to read: 38.2 Subd. 10. [AGREEMENT WITH OTHER AGENCY.] The commissioner 38.3 of public safety is authorized to enter into agreements with 38.4 other agencies to issue cards to clients of those agencies for 38.5 use in their programs. The cards may be issued to persons who 38.6 do not qualify for a Minnesota driver's license or do not 38.7 provide evidence of name and identity as required by rule for a 38.8 Minnesota identification card. Persons issued cards under this 38.9 subdivision will meet the identification verification 38.10 requirements of the contracting agency. 38.11 The interagency agreement may include provisions for the 38.12 payment of the county fee provided in section 171.06171.061, 38.13 subdivision 4, and the actual cost to manufacture the card. 38.14 Cards issued under this subdivision are not Minnesota 38.15 identification cards for the purposes defined in sections 38.16 48.512, 201.061, 201.161, 332.50, and 340A.503. 38.17 Sec. 43. Minnesota Statutes 1998, section 174.06, 38.18 subdivision 1, is amended to read: 38.19 Subdivision 1. [DEPARTMENT OF HIGHWAYS.] All powers, 38.20 duties and functions heretofore vested in or imposed on the 38.21 commissioner of highways or the department of highways by 38.22 chapters 160, 161, 162, 163, 164, 165, 167, 169, 173, or 38.23 sections 473.404473.405 to 473.449 or any other law relating to 38.24 the duties and powers of the commissioner of highways are 38.25 transferred to, vested in, and imposed on the commissioner of 38.26 transportation. The position of the commissioner of highways 38.27 and the department of highways as heretofore constituted are 38.28 abolished. 38.29 Sec. 44. Minnesota Statutes 1998, section 179.12, is 38.30 amended to read: 38.31 179.12 [EMPLOYERS' UNFAIR LABOR PRACTICES.] 38.32 It is an unfair labor practice for an employer: 38.33 (1) to institute a lockout of its employees in violation of 38.34 a valid collective bargaining agreement between the employer and 38.35 its employees or labor organization if the employees at the time 38.36 are in good faith complying with the provisions of the 39.1 agreement, or to violate the terms and conditions of the 39.2 bargaining agreement; 39.3 (2) to institute a lockout of its employees in violation of 39.4 section 179.06 or 179.07; 39.5 (3) to encourage or discourage membership in a labor 39.6 organization by discrimination in regard to hire or tenure of 39.7 employment or any terms or conditions of employment; provided, 39.8 that this clause does not apply to the provisions of collective 39.9 bargaining agreements entered into voluntarily by an employer 39.10 and its employees or a labor organization representing the 39.11 employees as a bargaining agent, as provided by section 179.16; 39.12 (4) to discharge or otherwise to discriminate against an 39.13 employee because the employee has signed or filed an affidavit, 39.14 petition, or complaint or given information or testimony under 39.15 this chapter; 39.16 (5) to spy directly or through agents or any other persons 39.17 upon activities of employees or their representatives in the 39.18 exercise of their legal rights; 39.19 (6) to distribute or circulate a blacklist of individuals 39.20 exercising a legal right or of members of a labor organization 39.21 for the purpose of preventing individuals who are blacklisted 39.22 from obtaining or retaining employment; 39.23 (7) to engage or contract for the services of a person who 39.24 is an employee of another if the employee is paid a wage that is 39.25 less than the wage to be paid by the engaging or contracting 39.26 employer under an existing union contract for work of the same 39.27 grade or classification; 39.28 (8) willfully and knowingly to utilize a professional 39.29 strikebreaker to replace an employee or employees involved in a 39.30 strike or lockout at a place of business located within this 39.31 state; or 39.32 (9) to grant or offer to grant the status of permanent 39.33 replacement employee to a person for performing bargaining unit 39.34 work for an employer during a lockout of employees in a labor 39.35 organization or during a strike of employees in a labor 39.36 organization authorized by a representative of employees ;. 40.1 (10)The violation of clausesclause (2), (4), (5), (6), 40.2 (7), (8), andor (9) areis an unlawful actsact. 40.3 Sec. 45. Minnesota Statutes 1998, section 181.58, is 40.4 amended to read: 40.5 181.58 [SURVIVING SPOUSE PAID WAGES DUE.] 40.6 For the purposes of this section the word "employer" 40.7 includes every person, firm, partnership, corporation, the state 40.8 of Minnesota, all political subdivisions, and all municipal 40.9 corporations. 40.10 If, at the time of the death of any person, an employer is 40.11 indebted to the person for work, labor, or services performed, 40.12 and no personal representative of the person's estate has been 40.13 appointed, such employer shall, upon the request of the 40.14 surviving spouse, forthwith pay this indebtedness, in such an 40.15 amount as may be due, not exceeding the sum of $10,000, to the 40.16 surviving spouse. The employer may in the same manner provide 40.17 for payment to the surviving spouse of accumulated credits under 40.18 the vacation or overtime plan or system maintained by the 40.19 employer. The employer shall require proof of claimant's 40.20 relationship to decedent by affidavit, and require claimant to 40.21 acknowledge receipt of such payment in writing. Any payments 40.22 made by the employer pursuant to the provisions of this section 40.23 shall operate as a full and complete discharge of the employer's 40.24 indebtedness to the extent of the payment, and no employer shall 40.25 thereafter be liable therefor to the decedent's estate or the 40.26 decedent's personal representative thereafter appointed. Any 40.27 amounts so received by a spouse shall be considered in 40.28 diminution of the allowance to the spouse under section 40.29 525.15524.2-403. 40.30 Sec. 46. Minnesota Statutes 1998, section 205A.01, 40.31 subdivision 2, is amended to read: 40.32 Subd. 2. [SCHOOL DISTRICT.] "School district" means an 40.33 independent or special school district, as defined in section 40.34 120.02120A.05. 40.35 Sec. 47. Minnesota Statutes 1998, section 219.074, 40.36 subdivision 2, is amended to read: 41.1 Subd. 2. [CROSSING VACATION PROGRAM.] On or before July 1, 41.2 1992, and on or before July 1 of each of the next four years, 41.3 and as necessary afterward, the commissioner shall propose to41.4 the boarddevelop a list of grade crossings proposed to be 41.5 vacated. The list must be developed by applying the standards 41.6 set forth in the rules adopted under section 219.073. Grade 41.7 crossings that are part of an abandonment, closing, or removal 41.8 under section 219.741 may not be included in the list. The 41.9 commissioner shall notify the public officials having the 41.10 necessary authority and the railway companies operating the 41.11 railroads of the proposed vacations. Either affected party may 41.12 request a hearing. If requested, the commissioner shall hold a 41.13 contested case hearing applying in its determination the rules 41.14 developed under section 219.073. If after the hearing the 41.15 commissioner determines that the vacation is consistent with the 41.16 standards adopted under section 219.073, itthe commissioner may 41.17 order the crossing vacated. If a request for a hearing on a 41.18 particular crossing is not received within 30 days of the 41.19 publication in the State Register, the commissioner shall order 41.20 the crossing vacated. 41.21 Sec. 48. Minnesota Statutes 1998, section 219.39, is 41.22 amended to read: 41.23 219.39 [DANGEROUS CROSSING; COMPLAINT; HEARING.] 41.24 Upon written complaint authorized by the governing body of 41.25 a city or county, by the board of supervisors of a town, or by 41.26 authorized officers of a subject railroad, alleging that a 41.27 railroad crossing a street, road, or highway in the city, town, 41.28 or county is dangerous to life and property, and giving the 41.29 reasons for the allegations, the commissioner shall investigate 41.30 the matters contained in the complaint, and, when necessary, 41.31 initiate a hearing before the board. 41.32 Sec. 49. Minnesota Statutes 1998, section 221.034, 41.33 subdivision 5, is amended to read: 41.34 Subd. 5. [DISCHARGE EXEMPTIONS.] Except as provided in 41.35 subdivision 6, the requirements of subdivision 3 do not apply to 41.36 incidents involving the unintentional release of hazardous 42.1 materials being transported under the following proper shipping 42.2 names: 42.3 (1) consumer commodity; 42.4 (2) battery, electric storage, wet, filled with acid or 42.5 alkali; 42.6 (3) paint, enamel, lacquer, stain, shellac or varnish 42.7 aluminum, bronze, gold, wood filler, and liquid or lacquer base 42.8 liquid when shipped in packagings of five gallons or less; or 42.9 (4) materials prepared and transported as a limited 42.10 quantity according to Code of Federal Regulations, title 49, 42.11 subtitle B, chapter 1, subchapter C. 42.12 Sec. 50. Minnesota Statutes 1998, section 221.036, 42.13 subdivision 1, is amended to read: 42.14 Subdivision 1. [ORDER.] The commissioner may issue an 42.15 order requiring violations to be corrected and administratively 42.16 assessing monetary penalties for a violation of (1) section 42.17 221.021; (2) section 221.033, subdivision 2b; (3) section 42.18 221.041, subdivision 3; (4) section 221.081; (5) section 42.19 221.151; (6) section 221.171; (7) section 221.141; (8) section42.20 221.035, a material term or condition of a license issued under42.21 that section;or rules of the board or commissioner relating to 42.22 the transportation of hazardous waste, motor carrier operations, 42.23 insurance, or tariffs and accounting. An order must be issued 42.24 as provided in this section. 42.25 Sec. 51. Minnesota Statutes 1998, section 221.036, 42.26 subdivision 3, is amended to read: 42.27 Subd. 3. [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The 42.28 commissioner may issue an order assessing a penalty of up to 42.29 $5,000 for all violations of section 221.021; 221.041, 42.30 subdivision 3; 221.081; 221.141; 221.151; or 221.171, or rules 42.31 of the board or commissioner relating to motor carrier 42.32 operations, insurance, or tariffs and accounting, identified 42.33 during a single inspection, audit, or investigation. 42.34 (b) The commissioner may issue an order assessing a penalty 42.35 up to a maximum of $10,000 for all violations of section 42.36 221.033, subdivision 2b, or 221.035,and rules adopted under 43.1 those sectionsthat section, identified during a single 43.2 inspection or audit. 43.3 (c) In determining the amount of a penalty, the 43.4 commissioner shall consider: 43.5 (1) the willfulness of the violation; 43.6 (2) the gravity of the violation, including damage to 43.7 humans, animals, air, water, land, or other natural resources of 43.8 the state; 43.9 (3) the history of past violations, including the 43.10 similarity of the most recent violation and the violation to be 43.11 penalized, the time elapsed since the last violation, the number 43.12 of previous violations, and the response of the person to the 43.13 most recent violation identified; 43.14 (4) the economic benefit gained by the person by allowing 43.15 or committing the violation; and 43.16 (5) other factors as justice may require, if the 43.17 commissioner specifically identifies the additional factors in 43.18 the commissioner's order. 43.19 Sec. 52. Minnesota Statutes 1998, section 239.761, 43.20 subdivision 13, is amended to read: 43.21 Subd. 13. [E85.] A blend of ethanol and gasoline, 43.22 containing at least 60 percent ethanol and not more than 85 43.23 percent ethanol, produced for use as a motor fuel in alternative 43.24 fuel vehicles as defined in section 296.01296A.01, subdivision 43.25 5, must comply with ASTM specification D 5798-96. 43.26 Sec. 53. Minnesota Statutes 1998, section 239.761, 43.27 subdivision 14, is amended to read: 43.28 Subd. 14. [M85.] A blend of methanol and gasoline, 43.29 containing at least 85 percent methanol, produced for use as a 43.30 motor fuel in alternative fuel vehicles as defined in section 43.31 296.01296A.01, subdivision 5, must comply with ASTM 43.32 specification D 5797-96. 43.33 Sec. 54. Minnesota Statutes 1998, section 245.462, 43.34 subdivision 4, is amended to read: 43.35 Subd. 4. [CASE MANAGER.] (a) "Case manager" means an 43.36 individual employed by the county or other entity authorized by 44.1 the county board to provide case management services specified 44.2 in section 245.4711. A case manager must have a bachelor's 44.3 degree in one of the behavioral sciences or related fields from 44.4 an accredited college or university and have at least 2,000 44.5 hours of supervised experience in the delivery of services to 44.6 adults with mental illness, must be skilled in the process of 44.7 identifying and assessing a wide range of client needs, and must 44.8 be knowledgeable about local community resources and how to use 44.9 those resources for the benefit of the client. The case manager 44.10 shall meet in person with a mental health professional at least 44.11 once each month to obtain clinical supervision of the case 44.12 manager's activities. Case managers with a bachelor's degree 44.13 but without 2,000 hours of supervised experience in the delivery 44.14 of services to adults with mental illness must complete 40 hours 44.15 of training approved by the commissioner of human services in 44.16 case management skills and in the characteristics and needs of 44.17 adults with serious and persistent mental illness and must 44.18 receive clinical supervision regarding individual service 44.19 delivery from a mental health professional at least once each 44.20 week until the requirement of 2,000 hours of supervised 44.21 experience is met. Clinical supervision must be documented in 44.22 the client record. 44.23 Until June 30, 1999, an immigrant who does not have the 44.24 qualifications specified in this subdivision may provide case 44.25 management services to adult immigrants with serious and 44.26 persistent mental illness who are members of the same ethnic 44.27 group as the case manager if the person: (1) is actively 44.28 pursuing credits toward the completion of a bachelor's degree in 44.29 one of the behavioral sciences or a related field from an 44.30 accredited college or university; (2) completes 40 hours of 44.31 training as specified in this subdivision; and (3) receives 44.32 clinical supervision at least once a week until the requirements 44.33 of this subdivision are met. 44.34 (b) The commissioner may approve waivers submitted by 44.35 counties to allow case managers without a bachelor's degree but 44.36 with 6,000 hours of supervised experience in the delivery of 45.1 services to adults with mental illness if the person: 45.2 (1) meets the qualifications for a mental health 45.3 practitioner in subdivision 2617; 45.4 (2) has completed 40 hours of training approved by the 45.5 commissioner in case management skills and in the 45.6 characteristics and needs of adults with serious and persistent 45.7 mental illness; and 45.8 (3) demonstrates that the 6,000 hours of supervised 45.9 experience are in identifying functional needs of persons with 45.10 mental illness, coordinating assessment information and making 45.11 referrals to appropriate service providers, coordinating a 45.12 variety of services to support and treat persons with mental 45.13 illness, and monitoring to ensure appropriate provision of 45.14 services. The county board is responsible to verify that all 45.15 qualifications, including content of supervised experience, have 45.16 been met. 45.17 Sec. 55. Minnesota Statutes 1998, section 245.462, 45.18 subdivision 7, is amended to read: 45.19 Subd. 7. [COUNTY BOARD.] "County board" means the county 45.20 board of commissioners or board established pursuant to the 45.21 Joint Powers Act, section 471.59, or the Human Services board45.22 Act, sections 402.01 to 402.10. 45.23 Sec. 56. Minnesota Statutes 1998, section 245.466, 45.24 subdivision 4, is amended to read: 45.25 Subd. 4. [JOINT COUNTY MENTAL HEALTH AGREEMENTS.] In order 45.26 to provide efficiently the services required by sections 245.461 45.27 to 245.486, counties are encouraged to join with one or more 45.28 county boards to establish a multicounty local mental health 45.29 authority pursuant to the Joint Powers Act, section 471.59, the 45.30 Human Services boardAct, sections 402.01 to 402.10, community 45.31 mental health center provisions, section 245.62, or enter into 45.32 multicounty mental health agreements. Participating county 45.33 boards shall establish acceptable ways of apportioning the cost 45.34 of the services. 45.35 Sec. 57. Minnesota Statutes 1998, section 245.4871, 45.36 subdivision 9, is amended to read: 46.1 Subd. 9. [COUNTY BOARD.] "County board" means the county 46.2 board of commissioners or board established under the Joint 46.3 Powers Act, section 471.59, or the Human Services boardAct, 46.4 sections 402.01 to 402.10. 46.5 Sec. 58. Minnesota Statutes 1998, section 245.4875, 46.6 subdivision 4, is amended to read: 46.7 Subd. 4. [JOINT COUNTY MENTAL HEALTH AGREEMENTS.] To 46.8 efficiently provide the children's mental health services 46.9 required by sections 245.487 to 245.4888, counties are 46.10 encouraged to join with one or more county boards to establish a 46.11 multicounty local children's mental health authority under the 46.12 Joint Powers Act, section 471.59, the Human Services boardAct, 46.13 sections 402.01 to 402.10, community mental health center 46.14 provisions, section 245.62, or enter into multicounty mental 46.15 health agreements. Participating county boards shall establish 46.16 acceptable ways of apportioning the cost of the services. 46.17 Sec. 59. Minnesota Statutes 1998, section 256J.45, 46.18 subdivision 2, is amended to read: 46.19 Subd. 2. [GENERAL INFORMATION.] The MFIP-S orientation 46.20 must consist of a presentation that informs caregivers of: 46.21 (1) the necessity to obtain immediate employment; 46.22 (2) the work incentives under MFIP-S; 46.23 (3) the requirement to comply with the employment plan and 46.24 other requirements of the employment and training services 46.25 component of MFIP-S, including a description of the range of 46.26 work and training activities that are allowable under MFIP-S to 46.27 meet the individual needs of participants; 46.28 (4) the consequences for failing to comply with the 46.29 employment plan and other program requirements, and that the 46.30 county agency may not impose a sanction when failure to comply 46.31 is due to the unavailability of child care or other 46.32 circumstances where the participant has good cause under 46.33 subdivision 3; 46.34 (5) the rights, responsibilities, and obligations of 46.35 participants; 46.36 (6) the types and locations of child care services 47.1 available through the county agency; 47.2 (7) the availability and the benefits of the early 47.3 childhood health and developmental screening under sections 47.4 121A.16 to 121A.19; 123B.02, subdivision 16; and 123B.10 ; and47.5 126.65.; 47.6 (8) the caregiver's eligibility for transition year child 47.7 care assistance under section 119B.05; 47.8 (9) the caregiver's eligibility for extended medical 47.9 assistance when the caregiver loses eligibility for MFIP-S due 47.10 to increased earnings or increased child or spousal support; 47.11 (10) the caregiver's option to choose an employment and 47.12 training provider and information about each provider, including 47.13 but not limited to, services offered, program components, job 47.14 placement rates, job placement wages, and job retention rates; 47.15 (11) the caregiver's option to request approval of an 47.16 education and training plan according to section 256J.52; and 47.17 (12) the work study programs available under the higher 47.18 education system. 47.19 Sec. 60. Minnesota Statutes 1998, section 257.45, is 47.20 amended to read: 47.21 257.45 [REQUIREMENTS FOR VISITATION; SUPERVISION.] 47.22 Any requirements for visitation, inspection or supervision 47.23 of children, homes, institutions or other agencies in another 47.24 party state which may apply under section 257.07257.071 shall 47.25 be deemed to be met if performed pursuant to an agreement 47.26 entered into by appropriate officers or agencies of this state 47.27 or a subdivision thereof as contemplated by paragraph (b) of 47.28 article 5 of the Interstate Compact on the Placement of Children. 47.29 Sec. 61. Minnesota Statutes 1998, section 257.74, 47.30 subdivision 2, is amended to read: 47.31 Subd. 2. If a mother relinquishes or proposes to 47.32 relinquish for adoption a child who does not have 47.33 (a) a presumed father under section 257.55, subdivision 1, 47.34 (b) a father whose relationship to the child has been 47.35 determined by a court, or 47.36 (c) a father as to whom the child is a legitimate child 48.1 under prior law of this state or under the law of another 48.2 jurisdiction, notice of the adoption proceeding shall be given 48.3 as required by sectionssection 259.49 and 259.51. 48.4 Sec. 62. Minnesota Statutes 1998, section 268.9165, is 48.5 amended to read: 48.6 268.9165 [AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER 48.7 PERIODS.] 48.8 The commissioner of children, families, and learning may 48.9 waive requirements under sections 119A.50 to 119A.54119A.53, 48.10 for up to nine months after the disaster, for Head Start 48.11 grantees in areas where a federal disaster has been declared 48.12 under United States Code, title 42, section 5121, et seq., or 48.13 the governor has exercised authority under chapter 12. The 48.14 commissioner shall notify the chairs of the senate family and 48.15 early childhood education budget division, the senate education 48.16 finance committee, the house family and early childhood 48.17 education finance division, the house education committee, and 48.18 the house ways and means committee ten days before the effective 48.19 date of any waiver granted under this section. 48.20 Sec. 63. Minnesota Statutes 1998, section 287.09, is 48.21 amended to read: 48.22 287.09 [MORTGAGE ON EXEMPT PROPERTY; PROPERTY NOT DIRECTLY 48.23 TAXED; RECEIPT; APPORTIONMENT OF TAX.] 48.24 When real estate described in a mortgage is exempt from 48.25 taxation under the Constitution of the state of Minnesota, 48.26 article X, section 1, the mortgage registry tax shall be paid to 48.27 the treasurer of the county in which the real estate is located 48.28 in the same manner as if the real estate were not exempt from 48.29 taxation. When any real estate described in a mortgage is not 48.30 exempt from taxation under that section, but is not taxed by 48.31 direct tax upon the net tax capacity thereof, the mortgage 48.32 registry tax shall be paid to the county; this sentence does not 48.33 apply to real estate taxed under sections 298.23298.24 to 48.34 298.28. 48.35 Sec. 64. Minnesota Statutes 1998, section 307.08, 48.36 subdivision 2, is amended to read: 49.1 Subd. 2. A person who intentionally, willfully, and 49.2 knowingly destroys, mutilates, injures, disturbs, or removes 49.3 human skeletal remains or human burial grounds, is guilty of a 49.4 felony. A person who intentionally, willfully, or knowingly 49.5 removes any tombstone, monument, or structure placed in any 49.6 public or private cemetery or unmarked human burial ground, or 49.7 any fence, railing, or other work erected for protection or 49.8 ornament, or any tree, shrub, or plant or grave goods and 49.9 artifacts within the limits of the cemetery or burial ground, 49.10 and a person who, without authority from the trustees, state 49.11 archaeologist, or Indian affairs intertribal boardcouncil, 49.12 discharges any firearms upon or over the grounds of any public 49.13 or private cemetery or authenticated and identified Indian 49.14 burial ground, is guilty of a gross misdemeanor. 49.15 Sec. 65. Minnesota Statutes 1998, section 307.08, 49.16 subdivision 8, is amended to read: 49.17 Subd. 8. No authenticated and identified Indian burial 49.18 ground may be relocated unless the request to relocate is 49.19 approved by the Indian affairs intertribal boardcouncil. When 49.20 the Indian burial ground is located on public lands or waters, 49.21 the cost of removal is the responsibility of and shall be paid 49.22 by the state or political subdivision controlling the lands or 49.23 waters. If large Indian burial grounds are involved, efforts 49.24 shall be made by the state to purchase and protect them instead 49.25 of removing them to another location. 49.26 Sec. 66. Minnesota Statutes 1998, section 307.08, 49.27 subdivision 9, is amended to read: 49.28 Subd. 9. The department of natural resources, the 49.29 department of transportation, and all other state agencies and 49.30 local governmental units whose activities may be affected, shall 49.31 cooperate with the state archaeologist and the Indian affairs 49.32 intertribal boardcouncil to carry out the provisions of this 49.33 section. 49.34 Sec. 67. Minnesota Statutes 1998, section 307.08, 49.35 subdivision 10, is amended to read: 49.36 Subd. 10. When Indian burials are known or suspected to 50.1 exist, on public lands or waters, the state or political 50.2 subdivision controlling the lands or waters shall submit 50.3 construction and development plans to the state archaeologist 50.4 and the Indian affairs intertribal boardcouncil for review 50.5 prior to the time bids are advertised. The state archaeologist 50.6 and the Indian affairs intertribal boardcouncil shall promptly 50.7 review the plans and make recommendations for the preservation 50.8 or removal of the human burials or remains, which may be 50.9 endangered by construction or development activities. 50.10 Sec. 68. Minnesota Statutes 1998, section 340A.3021, 50.11 subdivision 2, is amended to read: 50.12 Subd. 2. [EXCEPTIONS.] Subdivision 1 does not apply to: 50.13 (1) alcoholic beverages passing through Minnesota in 50.14 interstate commerce; 50.15 (2) alcoholic beverages imported into Minnesota by 50.16 individuals for personal use in the amounts permitted under 50.17 section 297C.09297G.07, subdivision 2, or 340A.417; and 50.18 (3) a holder of a manufacturer's warehouse permit. 50.19 Sec. 69. Minnesota Statutes 1998, section 446A.01, is 50.20 amended to read: 50.21 446A.01 [MINNESOTA PUBLIC FACILITIES AUTHORITY ACT.] 50.22 Sections 446A.01 to 446A.09This chapter may be cited as 50.23 the "Minnesota Public Facilities Authority Act." 50.24 Sec. 70. Minnesota Statutes 1998, section 446A.04, 50.25 subdivision 7, is amended to read: 50.26 Subd. 7. [IN GENERAL.] The authority has all the powers 50.27 necessary and convenient to carry out its duties under sections50.28 446A.05, subdivision 1, 446A.051, and 446A.12 to 446A.20this 50.29 chapter. 50.30 Sec. 71. Minnesota Statutes 1998, section 462A.21, 50.31 subdivision 19, is amended to read: 50.32 Subd. 19. [MENTAL ILLNESS CRISIS HOUSING ASSISTANCE.] The 50.33 agency may spend money for the purpose of section 462A.208 and 50.34 may pay the costs and expenses necessary and incidental to the 50.35 development and operation of the program authorized in 50.36 section 462A.207462A.208. 51.1 Sec. 72. Minnesota Statutes 1998, section 480.054, is 51.2 amended to read: 51.3 480.054 [DISTRIBUTION OF PROPOSED RULES; HEARING.] 51.4 Before any rule for the court of appeals or for the 51.5 district court is adopted, the supreme court shall distribute 51.6 copies of the proposed rule to the bench and bar of the state 51.7 for their consideration and suggestions and give due 51.8 consideration to any suggestions they submit to the court. The 51.9 court of appeals judges , theor district court judges 51.10 association , the Minnesota county court judges association, or51.11 the municipal court judges associationmay file with the court a 51.12 petition specifying their suggestions concerning any existing or 51.13 proposed rule and requesting a hearing on it. The court shall 51.14 grant a hearing within six months after the filing of the 51.15 petition. The court may grant a hearing upon the petition of 51.16 any other person. 51.17 Sec. 73. Minnesota Statutes 1998, section 480.09, 51.18 subdivision 1, is amended to read: 51.19 Subdivision 1. The state library shall be maintained in51.20 the capitol and shall beunder the supervision of the justices 51.21 of the supreme court. Notwithstanding chapter 16C or any other 51.22 act inconsistent herewith or acts amendatory thereof or 51.23 supplementary thereto, they shall direct the purchases of books, 51.24 pamphlets, and documents therefor and the sales and exchanges 51.25 therefrom upon such terms and conditions as they may deem just 51.26 and proper. They may authorize the transfer of books and 51.27 documents to the University of Minnesota or any department 51.28 thereof, or to any state agency. They shall adopt rules for the 51.29 government of the library and the management of its affairs, and 51.30 prescribe penalties for the violation thereof. 51.31 Sec. 74. Minnesota Statutes 1998, section 481.02, 51.32 subdivision 2, is amended to read: 51.33 Subd. 2. [CORPORATIONS.] No corporation, organized for 51.34 pecuniary profit, except an attorney's professional corporation51.35 organized under chapter 319A orprofessional firm organized 51.36 under chapter 319B, by or through its officers or employees or 52.1 any one else, shall maintain, conduct, or defend, except in its 52.2 own behalf when a party litigant, any action or proceeding in 52.3 any court in this state, or shall, by or through its officers or 52.4 employees or any one else, give or assume to give legal advice 52.5 or counsel or perform for or furnish to another person or 52.6 corporation legal services; or shall, by word, sign, letter, or 52.7 advertisement, solicit the public or any person to permit it to 52.8 prepare, or cause to be prepared, any will or testamentary 52.9 disposition or instrument of trust serving purposes similar to 52.10 those of a will, or hold itself out as desiring or willing to 52.11 prepare any such document, or to give legal advice or legal 52.12 services relating thereto or to give general legal advice or 52.13 counsel, or to act as attorney at law or as supplying, or being 52.14 in a position to supply, the services of a lawyer or lawyers; or 52.15 shall to any extent engage in, or hold itself out as being 52.16 engaged in, the business of supplying services of a lawyer or 52.17 lawyers; or shall cause to be prepared any person's will or 52.18 testamentary disposition or instrument of trust serving purposes 52.19 similar to those of a will, or any other legal document, for 52.20 another person, firm, or corporation, and receive, directly or 52.21 indirectly, all or a part of the charges for such preparation or 52.22 any benefits therefrom; or shall itself prepare, directly or 52.23 through another, any such document for another person, firm, or 52.24 corporation, except as provided in subdivision 3. 52.25 Sec. 75. Minnesota Statutes 1998, section 500.245, 52.26 subdivision 1, is amended to read: 52.27 Subdivision 1. [DISPOSAL OF LAND.] (a) A state or federal 52.28 agency, limited partnership, or a corporation may not lease or 52.29 sell agricultural land or a farm homestead before offering or 52.30 making a good faith effort to offer the land for sale or lease 52.31 to the immediately preceding former owner at a price no higher 52.32 than the highest price offered by a third party that is 52.33 acceptable to the seller or lessor. The offer must be made on 52.34 the notice to offer form under subdivision 2. The requirements 52.35 of this subdivision do not apply to a sale or lease by a 52.36 corporation that is a family farm corporation or an authorized 53.1 farm corporation or to a sale or lease by the commissioner of 53.2 agriculture of property acquired by the state under the family 53.3 farm security program under chapter 41. This subdivision 53.4 applies only to a sale or lease when the seller or lessor 53.5 acquired the property by enforcing a debt against the 53.6 agricultural land or farm homestead, including foreclosure of a 53.7 mortgage, accepting a deed in lieu of foreclosure, terminating a 53.8 contract for deed, or accepting a deed in lieu of terminating a 53.9 contract for deed. Selling or leasing property to a third party 53.10 at a price is prima facie evidence that the price is acceptable 53.11 to the seller or lessor. The seller must provide written notice 53.12 to the immediately preceding former owner that the agricultural 53.13 land or farm homestead will be offered for sale at least 14 days 53.14 before the agricultural land or farm homestead is offered for 53.15 sale. 53.16 (b) An immediately preceding former owner is the entity 53.17 with record legal title to the agricultural land or farm 53.18 homestead before acquisition by the state or federal agency or 53.19 corporation except: if the immediately preceding former owner 53.20 is a bankruptcy estate, the debtor in bankruptcy is the 53.21 immediately preceding former owner; and if the agricultural land 53.22 or farm homestead was acquired by termination of a contract for 53.23 deed or deed in lieu of termination of a contract for deed, the 53.24 immediately preceding former owner is the purchaser under the 53.25 contract for deed. For purposes of this subdivision, only a 53.26 family farm, family farm corporation, or family farm partnership 53.27 can be an immediately preceding former owner. 53.28 (c) An immediately preceding former owner may elect to 53.29 purchase or lease the entire property or an agreed to portion of 53.30 the property. If the immediately preceding former owner elects 53.31 to purchase or lease a portion of the property, the election 53.32 must be reported in writing to the seller or lessor prior to the 53.33 time the property is first offered for sale or lease. If 53.34 election is made to purchase or lease a portion of the property, 53.35 the portion must be contiguous and compact so that it does not 53.36 unreasonably reduce access to or the value of the remaining 54.1 property. 54.2 (d) For purposes of this subdivision, the term "a price no 54.3 higher than the highest price offered by a third party" means 54.4 the acceptable cash price offered by a third party or the 54.5 acceptable time-price offer made by a third party. A cash price 54.6 offer is one that involves simultaneous transfer of title for 54.7 payment of the entire amount of the offer. If the acceptable 54.8 offer made by a third party is a time-price offer, the seller or 54.9 lessor must make the same time-price offer or an equivalent cash 54.10 offer to the immediately preceding former owner. An equivalent 54.11 cash offer is equal to the total of the payments made over a 54.12 period of the time-price offer discounted by yield curve of the 54.13 United States treasury notes and bonds of similar maturity on 54.14 the first business day of the month in which the offer is 54.15 personally delivered or mailed for time periods similar to the 54.16 time period covered by the time-price offer, plus 2.0 percent. 54.17 A time-price offer is an offer that is financed entirely or 54.18 partially by the seller and includes an offer to purchase under 54.19 a contract for deed or mortgage. An equivalent cash offer is 54.20 not required to be made if the state participates in an offer to 54.21 a third party through the rural finance authority. 54.22 (e) This subdivision applies to a seller when the property 54.23 is sold and to a lessor each time the property is leased, for 54.24 the time period specified in section 500.24, subdivision 32, 54.25 paragraph (i)(v), after the agricultural land is acquired 54.26 except: 54.27 (1) an offer to lease to the immediately preceding former 54.28 owner is required only until the immediately preceding owner 54.29 fails to accept an offer to lease the property or the property 54.30 is sold; 54.31 (2) an offer to sell to the immediately preceding former 54.32 owner is required until the property is sold; and 54.33 (3) if the immediately preceding former owner elects to 54.34 lease or purchase a portion of the property, this subdivision 54.35 does not apply to the seller with regard to the balance of the 54.36 property after the election is made under paragraph (c). 55.1 (f) The notice of an offer under subdivision 2 that is 55.2 personally delivered with a signed receipt or sent by certified 55.3 mail with a receipt of mailing to the immediately preceding 55.4 former owner's last known address is a good faith offer. 55.5 (g) This subdivision does not apply to a sale or lease that 55.6 occurs after the seller or lessor has held the property for the 55.7 time period specified in section 500.24, subdivision 32, 55.8 paragraph (i)(v). 55.9 (h) For purposes of this subdivision, if the immediately 55.10 preceding former owner is a bankruptcy estate the debtor in the 55.11 bankruptcy is the immediately preceding owner. 55.12 (i) The immediately preceding former owner must exercise 55.13 the right to lease all or a portion of the agricultural land or 55.14 a homestead located on agricultural land in writing within 15 55.15 days after an offer to lease under this subdivision is mailed 55.16 with a receipt of mailing or personally delivered. If election 55.17 is made to lease only the homestead or a portion of the 55.18 agricultural land, the portion to be leased must be clearly 55.19 identified in writing. The immediately preceding former owner 55.20 must exercise the right to buy the agricultural land, a portion 55.21 of the agricultural land, or a farm homestead located on 55.22 agricultural land, in writing, within 65 days after an offer to 55.23 buy under this subdivision is mailed with a receipt of mailing 55.24 or is personally delivered. Within ten days after exercising 55.25 the right to lease or buy by accepting the offer, the 55.26 immediately preceding owner must fully perform according to the 55.27 terms of the offer including paying the amounts due. A seller 55.28 may sell and a lessor may lease the agricultural land or farm 55.29 homestead subject to this subdivision to the third party in 55.30 accordance with their lease or purchase agreement if: 55.31 (1) the immediately preceding former owner does not accept 55.32 an offer to lease or buy before the offer terminates; or 55.33 (2) the immediately preceding former owner does not perform 55.34 the obligations of the offer, including paying the amounts due, 55.35 within ten days after accepting the offer. 55.36 (j) A certificate indicating whether or not the property 56.1 contains agricultural land or a farm homestead that is signed by 56.2 the county assessor where the property is located and recorded 56.3 in the office of the county recorder or the registrar of titles 56.4 where the property is located is prima facie evidence of whether 56.5 the property is agricultural land or a farm homestead. 56.6 (k) As prima facie evidence that an offer to sell or lease 56.7 agricultural land or a farm homestead has terminated, a receipt 56.8 of mailing the notice under subdivision 2 and an affidavit, 56.9 signed by a person authorized to act on behalf of a state, 56.10 federal agency, or corporation selling or leasing the 56.11 agricultural land or a farm homestead may be filed in the office 56.12 of the county recorder or registrar of titles of the county 56.13 where the agricultural land or farm homestead is located. The 56.14 affidavit must state that: 56.15 (1) notice of an offer to buy or lease the agricultural 56.16 land or farm homestead was provided to the immediately preceding 56.17 former owner at a price not higher than the highest price 56.18 offered by a third party that is acceptable; 56.19 (2) the time during which the immediately preceding former 56.20 owner is required to exercise the right to buy or lease the 56.21 agricultural land or farm homestead has expired; 56.22 (3) the immediately preceding former owner has not 56.23 exercised the right to buy or lease the agricultural land or 56.24 farm homestead as provided in this subdivision or has accepted 56.25 an offer and has not fully performed according to the terms of 56.26 the offer; and 56.27 (4) the offer to the immediately preceding former owner has 56.28 terminated. 56.29 (l) The right of an immediately preceding former owner to 56.30 receive an offer to lease or purchase agricultural land under 56.31 this subdivision or to lease or purchase at a price no higher 56.32 than the highest price offered by a third party that is 56.33 acceptable to the seller or lessor may be extinguished or 56.34 limited by an express statement signed by the immediately 56.35 preceding owner that complies with the plain language 56.36 requirements of section 325G.31. The right may not be 57.1 extinguished or limited except by: 57.2 (1) an express statement in a deed in lieu of foreclosure 57.3 of the agricultural land; 57.4 (2) an express statement in a deed in lieu of a termination 57.5 of a contract for deed for the agricultural land; 57.6 (3) an express statement conveying the right to the state 57.7 or federal agency or corporation owning the agricultural land 57.8 that is required to make an offer under this subdivision; 57.9 however, the preceding former owner may rescind the conveyance 57.10 by notifying the state or federal agency or corporation in 57.11 writing within 20 calendar days after signing the express 57.12 statement; 57.13 (4) to cure a title defect, an express statement conveying 57.14 the right may be made to a person to whom the agricultural land 57.15 has been transferred by the state or federal agency or 57.16 corporation; or 57.17 (5) an express statement conveying the right to a contract 57.18 for deed vendee to whom the agricultural land or farm homestead 57.19 was sold under a contract for deed by the immediately preceding 57.20 former owner if the express statement and the contract for deed 57.21 are recorded. 57.22 (m) The right of an immediately preceding former owner to 57.23 receive an offer to lease or purchase agricultural land under 57.24 this subdivision may not be assigned or transferred except as 57.25 provided in paragraph (l), but may be inherited. 57.26 (n) An immediately preceding former owner, except a former 57.27 owner who is actively engaged in farming as defined in section 57.28 500.24, subdivision 2, paragraph (a), and who agrees to remain 57.29 actively engaged in farming on a portion of the agricultural 57.30 land or farm homestead for at least one year after accepting an 57.31 offer under this subdivision, may not sell agricultural land 57.32 acquired by accepting an offer under this subdivision if the 57.33 arrangement of the sale was negotiated or agreed to prior to the 57.34 former owner accepting the offer under this subdivision. A 57.35 person who sells property in violation of this paragraph is 57.36 liable for damages plus reasonable attorney fees to a person who 58.1 is damaged by a sale in violation of this paragraph. There is a 58.2 rebuttable presumption that a sale by an immediately preceding 58.3 former owner is in violation of this paragraph if the sale takes 58.4 place within 270 days of the former owner accepting the offer 58.5 under this subdivision. This paragraph does not apply to a sale 58.6 by an immediately preceding former owner to the owner's spouse, 58.7 the owner's parents, the owner's sisters and brothers, the 58.8 owner's spouse's sisters and brothers, or the owner's children. 58.9 Sec. 76. Minnesota Statutes 1998, section 518.5511, 58.10 subdivision 1, is amended to read: 58.11 Subdivision 1. [GENERAL.] (a) An administrative process is 58.12 established to obtain, modify, and enforce child and medical 58.13 support orders and parentage orders and enforce maintenance if 58.14 combined with a child support proceeding. All laws governing 58.15 these actions apply insofar as they are not inconsistent with 58.16 the provisions of this section and section 518.5512. Wherever 58.17 other laws or rules are inconsistent with this section and 58.18 section 518.5512, the provisions in this section and section 58.19 518.5512 shall apply. 58.20 (b) All proceedings for obtaining, modifying, or enforcing 58.21 child and medical support orders and enforcing maintenance 58.22 orders if combined with a child support proceeding, are required 58.23 to be conducted in the administrative process when the public 58.24 authority is a party or provides services to a party or parties 58.25 to the proceedings. Cases in which there is no assignment of 58.26 support or in which the public authority is not providing 58.27 services may not be conducted in the administrative process. At 58.28 county option, the administrative process may include contempt 58.29 motions or actions to establish parentage. Nothing contained 58.30 herein shall prevent a party, upon timely notice to the public 58.31 authority, from commencing an action or bringing a motion for 58.32 the establishment, modification, or enforcement of child support 58.33 or enforcement of maintenance orders if combined with a child 58.34 support proceeding in district court, if additional issues 58.35 involving domestic abuse, establishment or modification of 58.36 custody or visitation, property issues, or other issues outside 59.1 the jurisdiction of the administrative process, are part of the 59.2 motion or action, or from proceeding with a motion or action 59.3 brought by another party containing one or more of these issues 59.4 if it is pending in district court. 59.5 (c) A party may make a written request to the public 59.6 authority to initiate an uncontested administrative proceeding. 59.7 The initiating party may serve a copy of the written request on 59.8 the noninitiating party in accordance with the rules of civil 59.9 procedure. If the public authority denies the request, the 59.10 public authority shall issue a notice of denial which denies the 59.11 request for relief within 30 days of receiving the written 59.12 request, states the reasons for the denial, and notifies the 59.13 party of the right to proceed directly to a hearing before an 59.14 administrative law judge according to subdivision 3a. If the 59.15 party proceeds directly to a hearing and files the requisite 59.16 documents with the court administrator within 30 days after the 59.17 public authority's denial and the party's action results in a 59.18 modification of a child support order, the modification may be 59.19 retroactive to the date the written request was served on the 59.20 noninitiating party. If the initiating party did not serve the 59.21 written request on the noninitiating party, modification may be 59.22 made retroactive as provided in section 518.64, subdivision 2, 59.23 paragraph (d). If the public authority accepts the request and 59.24 proceeds with the uncontested administrative process, any order 59.25 or modification may be retroactive to the date the written 59.26 request was served on the noninitiating party. If the 59.27 initiating party did not serve the written request on the 59.28 noninitiating party, an order or modification may be made 59.29 retroactive to the date the public authority serves the proposed 59.30 order on the noninitiating party as provided in subdivision 2, 59.31 paragraph (a). 59.32 (d) The public authority may initiate actions in the 59.33 administrative process. 59.34 (e) For the purpose of the administrative process, all 59.35 powers, duties, and responsibilities conferred on judges of 59.36 district court to obtain and enforce child and medical support 60.1 and parentage and maintenance obligations, subject to the 60.2 limitations of this section are conferred on administrative law 60.3 judges, including the power to determine controlling interstate 60.4 orders, and to issue subpoenas, orders to show cause, and bench 60.5 warrants for failure to appear. 60.6 The administrative law judge has the authority to enter 60.7 parentage orders in which the custody and visitation provisions 60.8 are uncontested. 60.9 (f) Nonattorney employees of the public authority 60.10 responsible for child support may prepare, sign, serve, and file 60.11 complaints, motions, notices, summary notices, proposed orders, 60.12 default orders, consent orders, orders for blood or genetic 60.13 tests, and other documents related to the administrative process 60.14 for obtaining, modifying, or enforcing child and medical support 60.15 orders, orders establishing paternity, and related documents, 60.16 and orders to enforce maintenance if combined with a child 60.17 support order. The nonattorney employee may issue 60.18 administrative subpoenas, conduct prehearing conferences, and 60.19 participate in proceedings before an administrative law judge. 60.20 This activity shall not be considered to be the unauthorized 60.21 practice of law. Nonattorney employees may not represent the 60.22 interests of any party other than the public authority, and may 60.23 not give legal advice. The nonattorney employees may act 60.24 subject to the limitations of section 518.5512. 60.25 (g) Any party may make a written request to the office of 60.26 administrative hearings for a subpoena compelling the attendance 60.27 of a witness or the production of books, papers, records, or 60.28 other documents relevant to the administrative process. 60.29 Subpoenas are enforceable through the district court. The 60.30 public authority may also request a subpoena from the office of 60.31 administrative hearings for the production of a witness or 60.32 documents. The nonattorney employee of the public authority may 60.33 issue subpoenas subject to the limitations in section 518.5512, 60.34 subdivision 65, paragraph (a), clause (2). 60.35 (h) At all stages of the administrative process, the county 60.36 attorney, or other attorney under contract, shall act as the 61.1 legal adviser for the public authority. 61.2 (i) The commissioner of human services shall: 61.3 (1) provide training to child support officers and other 61.4 persons involved in the administrative process; 61.5 (2) timely prepare and make available to the public 61.6 authority forms for all notices and orders prescribed in 61.7 subdivisions 2 and 3; and 61.8 (3) distribute money to cover the costs of the 61.9 administrative process, including the salaries of administrative 61.10 law judges. If available appropriations are insufficient to 61.11 cover the costs, the commissioner shall prorate the amount among 61.12 the counties. 61.13 (j) The commissioner of human services, in consultation 61.14 with the office of administrative hearings, is responsible for 61.15 the supervision of the administrative process. 61.16 (k) The public authority, the office of administrative 61.17 hearings, court administrators, and other entities involved in 61.18 the administrative process shall use the forms prepared by the 61.19 commissioner for use in the uncontested administrative process. 61.20 (l) The office of administrative hearings may reject orders 61.21 submitted by the public authority under subdivisions 2 and 3 if 61.22 they are not prepared using forms developed or approved by the 61.23 commissioner. 61.24 (m) The office of administrative hearings shall: 61.25 (1) train and monitor the performance of administrative law 61.26 judges, maintain records of proceedings, provide transcripts 61.27 upon request, and maintain the integrity of the district court 61.28 file; and 61.29 (2) prepare and make available to court administrators and 61.30 the public authority forms that conform with requirements of the 61.31 rules of court that may be used by parties who proceed directly 61.32 to hearing under subdivision 3a. 61.33 Sec. 77. Minnesota Statutes 1998, section 518.6111, 61.34 subdivision 5, is amended to read: 61.35 Subd. 5. [PAYOR OF FUNDS RESPONSIBILITIES.] (a) An order 61.36 for or notice of withholding is binding on a payor of funds upon 62.1 receipt. Withholding must begin no later than the first pay 62.2 period that occurs after 14 days following the date of receipt 62.3 of the order for or notice of withholding. In the case of a 62.4 financial institution, preauthorized transfers must occur in 62.5 accordance with a court-ordered payment schedule. 62.6 (b) A payor of funds shall withhold from the income payable 62.7 to the obligor the amount specified in the order or notice of 62.8 withholding and amounts specified under subdivisions 6 and 9 and 62.9 shall remit the amounts withheld to the public authority within 62.10 seven business days of the date the obligor is paid the 62.11 remainder of the income. The payor of funds shall include with 62.12 the remittance the social security number of the obligor, the 62.13 case type indicator as provided by the public authority and the 62.14 date the obligor is paid the remainder of the income. The 62.15 obligor is considered to have paid the amount withheld as of the 62.16 date the obligor received the remainder of the income. A payor 62.17 of funds may combine all amounts withheld from one pay period 62.18 into one payment to each public authority, but shall separately 62.19 identify each obligor making payment. 62.20 (c) A payor of funds shall not discharge, or refuse to 62.21 hire, or otherwise discipline an employee as a result of wage or 62.22 salary withholding authorized by this section. A payor of funds 62.23 shall be liable to the obligee for any amounts required to be 62.24 withheld. A payor of funds that fails to withhold or transfer 62.25 funds in accordance with this section is also liable to the 62.26 obligee for interest on the funds at the rate applicable to 62.27 judgments under section 549.09, computed from the date the funds 62.28 were required to be withheld or transferred. A payor of funds 62.29 is liable for reasonable attorney fees of the obligee or public 62.30 authority incurred in enforcing the liability under this 62.31 paragraph. A payor of funds that has failed to comply with the 62.32 requirements of this section is subject to contempt sanctions 62.33 under section 518.615. If the payor of funds is an employer or 62.34 independent contractor and violates this subdivision, a court 62.35 may award the obligor twice the wages lost as a result of this 62.36 violation. If a court finds a payor of funds violated this 63.1 subdivision, the court shall impose a civil fine of not less 63.2 than $500. 63.3 (d) If a single employee is subject to multiple withholding 63.4 orders or multiple notices of withholding for the support of 63.5 more than one child, the payor of funds shall comply with all of 63.6 the orders or notices to the extent that the total amount 63.7 withheld from the obligor's income does not exceed the limits 63.8 imposed under the Consumer Credit Protection Act, Chapter 15 of63.9 theUnited States Code, title 15, section 1637(b)1673(b), 63.10 giving priority to amounts designated in each order or notice as 63.11 current support as follows: 63.12 (1) if the total of the amounts designated in the orders 63.13 for or notices of withholding as current support exceeds the 63.14 amount available for income withholding, the payor of funds 63.15 shall allocate to each order or notice an amount for current 63.16 support equal to the amount designated in that order or notice 63.17 as current support, divided by the total of the amounts 63.18 designated in the orders or notices as current support, 63.19 multiplied by the amount of the income available for income 63.20 withholding; and 63.21 (2) if the total of the amounts designated in the orders 63.22 for or notices of withholding as current support does not exceed 63.23 the amount available for income withholding, the payor of funds 63.24 shall pay the amounts designated as current support, and shall 63.25 allocate to each order or notice an amount for past due support, 63.26 equal to the amount designated in that order or notice as past 63.27 due support, divided by the total of the amounts designated in 63.28 the orders or notices as past due support, multiplied by the 63.29 amount of income remaining available for income withholding 63.30 after the payment of current support. 63.31 (e) When an order for or notice of withholding is in effect 63.32 and the obligor's employment is terminated, the obligor and the 63.33 payor of funds shall notify the public authority of the 63.34 termination within ten days of the termination date. The 63.35 termination notice shall include the obligor's home address and 63.36 the name and address of the obligor's new payor of funds, if 64.1 known. 64.2 (f) A payor of funds may deduct one dollar from the 64.3 obligor's remaining salary for each payment made pursuant to an 64.4 order for or notice of withholding under this section to cover 64.5 the expenses of withholding. 64.6 Sec. 78. Minnesota Statutes 1998, section 609.26, is 64.7 amended by adding a subdivision to read: 64.8 Subd. 2a. [ORIGINAL INTENT CLARIFIED.] To the extent that 64.9 it states that subdivision 2 creates affirmative defenses to a 64.10 charge under this section, subdivision 2 clarifies the original 64.11 intent of the legislature in enacting Laws 1984, chapter 484, 64.12 section 2, and does not change the substance of this section. 64.13 Subdivision 2 does not modify or alter any convictions entered 64.14 under this section before August 1, 1988. 64.15 Sec. 79. Laws 1994, chapter 560, article 2, section 15, is 64.16 amended to read: 64.17 Subd. 4. [PLANS NOT ESTABLISHED BUT APPROVED BY 64.18 COMMISSIONER.] (a) Notwithstanding any other law to the 64.19 contrary, terms and conditions of employment for employees 64.20 listed in this subdivision must be set by appointing authorities 64.21 within the limits of compensation plans that have been approved 64.22 by the commissioner before becoming effective. Compensation 64.23 plans established under paragraphs (c), (d), (e), and (f) must 64.24 be reviewed and approved, modified, or rejected by the 64.25 legislature and the legislative commission on employee relations 64.26 under section 3.855, subdivision 2, before becoming effective. 64.27 (b) Total compensation for employees who are not covered by 64.28 a collective bargaining agreement in the offices of the 64.29 governor, lieutenant governor, attorney general, secretary of 64.30 state, state auditor, and state treasurer must be determined by 64.31 the governor, lieutenant governor, attorney general, secretary 64.32 of state, state auditor, and state treasurer, respectively. 64.33 (c) Total compensation for unclassified positions under 64.34 section 43A.08, subdivision 1, clause (9), in the state 64.35 universities and the community colleges not covered by a 64.36 collective bargaining agreement must be determined by the state 65.1 university board and the state board for community colleges, 65.2 respectively. 65.3 (d) Total compensation for classified administrative law 65.4 judges in the office of administrative hearings must be 65.5 determined by the chief administrative law judge. 65.6 (e) Total compensation for unclassified positions not 65.7 covered by a collective bargaining agreement in the higher 65.8 education coordinating board and in the state board of technical 65.9 colleges must be determined by the higher education coordinating 65.10 board and the state board of technical colleges, respectively. 65.11 (f) Total compensation for unclassified managerial65.12 positions not covered by a collective bargaining agreement in65.13 the higher education board must be determined by the higher65.14 education board.65.15 Sec. 80. Laws 1997, chapter 207, section 12, is amended to 65.16 read: 65.17 Sec. 12. [SALE OF STATE LANDS TO WILD RICE LESSEES.] 65.18 (a) Notwithstanding Minnesota Statutes, sections 84A.56, 65.19 89.021, 89.27, and 92.45, and the public sale provisions of 65.20 Minnesota Statutes, sections 94.10, 282.14, and 282.221, the 65.21 commissioner of natural resources may sell by private sale to 65.22 the wild rice lessees under leases authorized in Minnesota 65.23 Statutes, section 92.501, the acquired, consolidated 65.24 conservation and Volstead area lands described in paragraph (b) 65.25 under the remaining sale provisions in Minnesota Statutes, 65.26 sections 94.10 and 282.14 to 282.226. The affected counties 65.27 must approve the sales of the consolidated conservation and 65.28 Volstead area lands described in paragraph (b). 65.29 (b) The land that may be sold is described as: 65.30 (1) The Southeast Quarter of Section 10; that part of the 65.31 West Half of the Southwest Quarter of Section 11 lying westerly 65.32 of the west bank of the Tamarac River; the Southeast Quarter of 65.33 the Northwest Quarter and that part of the Northeast Quarter 65.34 lying westerly of the west bank of the Tamarac River of Section 65.35 15; the Northwest Quarter of the Northwest Quarter and the West 65.36 160 feet of the Northeast Quarter of the Northwest Quarter of 66.1 Section 16, Township 154 North, Range 30 West, Beltrami county, 66.2 Minnesota; 66.3 (2) The Northwest Quarter of the Southwest Quarter, Section 66.4 11, Township 152 North, Range 32 West, Beltrami county, 66.5 Minnesota; 66.6 (3) The North Half of the Southwest Quarter, the North Half 66.7 of the Southwest Quarter of the Southwest Quarter, and the North 66.8 Half of the Northwest Quarter of the Southeast Quarter of 66.9 Section 14, Township 152 North, Range 32 West; the Northeast 66.10 Quarter of the Southwest Quarter of Section 19, Township 155 66.11 North, Range 31 West; and Government Lot 1, the East 330 feet of 66.12 Government Lot 2, and the North 330 feet of Government Lot 6, 66.13 Section 25, Township 155 North, Range 32 West, Beltrami county, 66.14 Minnesota; 66.15 (4) The South 330 feet of Government Lot 4 and the south 66.16 330 feet of the Southeast Quarter of the Southwest Quarter of 66.17 Section 18; Government Lots 1, 2, 3 and 4, the East Half of the 66.18 Northwest Quarter, the East Half of the Southwest Quarter, the 66.19 Southwest Quarter of the Southeast Quarter, the West 200 feet of 66.20 the Southeast Quarter of the Southeast Quarter; and the West 900 66.21 feet of the South 700 feet of the Northwest Quarter of the 66.22 Southeast Quarter of Section 19; and the North Half of the 66.23 Northeast Quarter of Section 30, Township 154 North, Range 29 66.24 West, Koochiching county, Minnesota; 66.25 (5) The Northwest Quarter of the Northeast Quarter and the 66.26 North 330 feet of the Southwest Quarter of the Northeast Quarter 66.27 of Section 22, Township 150 North, Range 39 West, Polk county, 66.28 Minnesota; 66.29 (6) The Southeast Quarter of the Northwest Quarter; that 66.30 part of the Southwest Quarter of the Northwest Quarter lying 66.31 east of County Road No. 24; that part of the Northwest Quarter 66.32 of the Northwest Quarter lying south of the south bank of State 66.33 Ditch No. 63 and east of County Road No. 24; and that part of 66.34 the North Half of the Northeast Quarter and the Northeast 66.35 Quarter of the Northwest Quarter lying south of the south bank 66.36 of State Ditch No. 63; all in Section 27, Township 48 North, 67.1 Range 27 West, Aitkin county, Minnesota; 67.2 (7) The Northeast Quarter of Section 35, Township 48 North, 67.3 Range 27 West, Aitkin county, Minnesota; 67.4 (8) The Northwest Quarter of the Northeast Quarter of 67.5 Section 8, Township 48 North, Range 26 West, Aitkin county, 67.6 Minnesota; 67.7 (9) The West Half of the Northeast Quarter, the Southeast 67.8 Quarter of the Northeast Quarter, and the South 660 feet of the 67.9 Northeast Quarter of the Northeast Quarter of Section 10; and 67.10 the West 330 feet of the Southwest Quarter of the Northwest 67.11 Quarter of Section 11; Township 154 North, Range 30 West, 67.12 Beltrami county, Minnesota; 67.13 (10) The South 660 feet of theNorthwest Quarter of the 67.14 Northwest Quarter, the South 660 feet of the West 660 feet of 67.15 the Northeast Quarter of the Northwest Quarter, the North 660 67.16 feet of the West 660 feet of the Southeast Quarter of the 67.17 Northwest Quarter, and the South Half of the Northeast Quarter 67.18 of the Southwest Quarter of Section 21, Township 154 North, 67.19 Range 30 West, Beltrami county, Minnesota; and 67.20 (11) The Northeast Quarter of the Northwest Quarter, 67.21 Section 11, Township 153 North, Range 31 West, Beltrami county, 67.22 Minnesota. 67.23 (c) The conveyances shall be in a form approved by the 67.24 attorney general. In determining the value of the described 67.25 lands, no improvements paid for by the lessee shall be added to 67.26 the value of the land. The purchaser of the land described in 67.27 paragraph (b), clause (5), may not alter the existing 67.28 groundwater hydrology, and may alter the surface water hydrology 67.29 from the current operation only with the approval of the 67.30 commissioner. 67.31 Sec. 81. [ACTS VALIDATED.] 67.32 Acts by the White Bear Lake conservation district board 67.33 before the effective date of this section are not invalid on 67.34 account of irregularities, or omissions if any, in the approval, 67.35 or filing of the approval, of Laws 1977, chapter 322, sections 2 67.36 and 3, amending law coded as Minnesota Statutes, sections 68.1 103B.661, subdivision 1, and 103B.665, subdivision 1. This 68.2 section and those amendments are effective without local 68.3 approval the day after final enactment of this section. 68.4 Sec. 82. [INSTRUCTION TO REVISOR.] 68.5 The revisor of statutes shall change the terms "office of 68.6 adult release" or "officer of adult release" to "hearings and 68.7 release unit" or "officer of the hearings and release unit" as 68.8 appropriate, wherever it appears in Minnesota Statutes and 68.9 Minnesota Rules. 68.10 Sec. 83. [REPEALER.] 68.11 (a) Minnesota Statutes 1998, section 3.873, is repealed. 68.12 (b) Minnesota Statutes 1998, section 62J.47, is repealed. 68.13 (c) Minnesota Statutes 1998, section 115A.159, is repealed. 68.14 (d) Minnesota Statutes 1998, section 119A.28, subdivision 68.15 4, is repealed. 68.16 (e) Minnesota Statutes 1998, section 119A.31, subdivision 68.17 3, is repealed. 68.18 (f) Minnesota Statutes 1998, section 119A.54, is repealed. 68.19 (g) Minnesota Statutes 1998, section 218.011, subdivision 68.20 7, is repealed. 68.21 (h) Minnesota Statutes 1998, section 256.995, subdivision 68.22 7, is repealed. 68.23 (i) Minnesota Statutes 1998, section 323.02, subdivisions 68.24 10 and 11, are repealed effective January 1, 2002. 68.25 (j) Minnesota Statutes 1998, sections 383.01; 383.02; 68.26 383.03; 383.04; 383.05; 383.06; 383.07; 383.08; 383.09; 383.10; 68.27 383.11; and 383.12, are repealed. 68.28 (k) Minnesota Statutes 1998, sections 509.01; 509.02; 68.29 509.03; 509.04; 509.05; and 509.06, are repealed. 68.30 (l) Minnesota Statutes 1998, section 526.20, is repealed. 68.31 (m) Laws 1996, chapter 426, sections 1 and 2, are repealed. 68.32 (n) Laws 1998, chapter 388, section 16, is repealed. 68.33 (o) Laws 1998, chapter 404, section 49, is repealed. 68.34 (p) Laws 1998, chapter 407, article 2, section 97, is 68.35 repealed. 68.36 (q) Laws 1998, First Special Session chapter 1, article 3, 69.1 section 15, is repealed effective the day following final 69.2 enactment. 69.3 Sec. 84. [EFFECTIVE DATE.] 69.4 Section 11 is effective on the day following final 69.5 enactment. 69.6 ARTICLE 2 69.7 EXPIRED ADVISORY COMMITTEES 69.8 Section 1. Minnesota Statutes 1998, section 17.452, 69.9 subdivision 1, is amended to read: 69.10 Subdivision 1. [PROMOTION AND COORDINATION.] (a)The 69.11 commissioner shall promote the commercial raising of farmed 69.12 cervidae and shall coordinate programs and rules related to the 69.13 commercial raising of farmed cervidae. Farmed cervidae 69.14 research, projects, and demonstrations must be reported to the 69.15 commissioner before state appropriations for the research 69.16 projects or demonstrations are encumbered. The commissioner 69.17 shall maintain a data base of information on raising farmed 69.18 cervidae. 69.19 (b) The commissioner shall appoint a farmed cervidae69.20 advisory committee to advise the commissioner on farmed cervidae69.21 issues. The advisory committee shall consist of representatives69.22 from the University of Minnesota, the commissioner of69.23 agriculture, the board of animal health, the commissioner of69.24 natural resources, the commissioner of trade and economic69.25 development, a statewide elk breeders association, a statewide69.26 deer breeders association, a statewide deer farmers association,69.27 and members of the house of representatives and the senate. The69.28 committee shall meet at least twice a year at the call of the69.29 commissioner of agriculture.69.30 Sec. 2. Minnesota Statutes 1998, section 124D.17, 69.31 subdivision 7, is amended to read: 69.32 Subd. 7. [ADVISORY COMMITTEESCOMMITTEE.] The commissioner69.33 shall establish a program advisory committee consisting of69.34 persons knowledgeable in child development, child health, and69.35 family services, who reflect the geographic, cultural, racial,69.36 and ethnic diversity of the state; and representatives of the70.1 commissioners of children, families, and learning, human70.2 services, and health. This program advisory committee must70.3 review grant applications, assist in distribution of the grants,70.4 and monitor progress of the way to grow/school readiness70.5 program.Each grantee must establish a program advisory board 70.6 of 12 or more members to advise the grantee on program design, 70.7 operation, and evaluation. The board must include 70.8 representatives of local units of government and representatives 70.9 of the project area who reflect the geographic, cultural, 70.10 racial, and ethnic diversity of that community. 70.11 Sec. 3. Minnesota Statutes 1998, section 245.825, 70.12 subdivision 1b, is amended to read: 70.13 Subd. 1b. [REVIEW AND APPROVAL.] Notwithstanding the 70.14 provisions of Minnesota Rules, parts 9525.2700 to 9525.2810, the 70.15 commissioner may designate the county case manager to authorize 70.16 the use of controlled procedures as defined in Minnesota Rules, 70.17 parts 9525.2710, subpart 9, and 9525.2740, subparts 1 and 2, 70.18 after review and approval by the interdisciplinary team and the 70.19 internal review committee as required in Minnesota Rules, part 70.20 9525.2750, subparts 1a and 2. Use of controlled procedures must 70.21 be reported to the commissioner in accordance with the 70.22 requirements of Minnesota Rules, part 9525.2750, subpart 2a. 70.23 The commissioner must provide all reports to the advisory70.24 committee at least quarterly.70.25 Sec. 4. Minnesota Statutes 1998, section 256B.0625, 70.26 subdivision 32, is amended to read: 70.27 Subd. 32. [NUTRITIONAL PRODUCTS.] (a)Medical assistance 70.28 covers nutritional products needed for nutritional 70.29 supplementation because solid food or nutrients thereof cannot 70.30 be properly absorbed by the body or needed for treatment of 70.31 phenylketonuria, hyperlysinemia, maple syrup urine disease, a 70.32 combined allergy to human milk, cow's milk, and soy formula, or 70.33 any other childhood or adult diseases, conditions, or disorders 70.34 identified by the commissioner as requiring a similarly 70.35 necessary nutritional product. Nutritional products needed for 70.36 the treatment of a combined allergy to human milk, cow's milk, 71.1 and soy formula require prior authorization. Separate payment 71.2 shall not be made for nutritional products for residents of 71.3 long-term care facilities. Payment for dietary requirements is 71.4 a component of the per diem rate paid to these facilities. 71.5 (b) The commissioner shall designate a nutritional71.6 supplementation products advisory committee to advise the71.7 commissioner on nutritional supplementation products for which71.8 payment is made. The committee shall consist of nine members,71.9 one of whom shall be a physician, one of whom shall be a71.10 pharmacist, two of whom shall be registered dietitians, one of71.11 whom shall be a public health nurse, one of whom shall be a71.12 representative of a home health care agency, one of whom shall71.13 be a provider of long-term care services, and two of whom shall71.14 be consumers of nutritional supplementation products. Committee71.15 members shall serve two-year terms and shall serve without71.16 compensation.71.17 (c) The advisory committee shall review and recommend71.18 nutritional supplementation products which require prior71.19 authorization. The commissioner shall develop procedures for71.20 the operation of the advisory committee so that the advisory71.21 committee operates in a manner parallel to the drug formulary71.22 committee.71.23 Sec. 5. Minnesota Statutes 1998, section 256B.0928, is 71.24 amended to read: 71.25 256B.0928 [STATEWIDE CAREGIVER SUPPORT AND RESPITE CARE 71.26 PROJECT.] 71.27 (a)The commissioner shall establish and maintain a 71.28 statewide caregiver support and respite care project. The 71.29 project shall: 71.30 (1) provide information, technical assistance, and training 71.31 statewide to county agencies and organizations on direct service 71.32 models of caregiver support and respite care services; 71.33 (2) identify and address issues, concerns, and gaps in the 71.34 statewide network for caregiver support and respite care; 71.35 (3) maintain a statewide caregiver support and respite care 71.36 resource center; 72.1 (4) educate caregivers on the availability and use of 72.2 caregiver and respite care services; 72.3 (5) promote and expand caregiver training and support 72.4 groups using existing networks when possible; and 72.5 (6) apply for and manage grants related to caregiver 72.6 support and respite care. 72.7 (b) An advisory committee shall be appointed to advise the72.8 caregiver support project on all aspects of the project72.9 including the development and implementation of the caregiver72.10 support and respite care services projects. The advisory72.11 committee shall review procedures and provide advice and72.12 technical assistance to the caregiver support project regarding72.13 the grant program established under section 256B.0917 and others72.14 established for caregivers.72.15 The advisory committee shall consist of not more than 1672.16 people appointed by the commissioner and shall be comprised of72.17 representatives from public and private agencies, service72.18 providers, and consumers from all areas of the state.72.19 Members of the advisory committee shall not be compensated72.20 for service.72.21 Sec. 6. [REPEALER.] 72.22 Minnesota Statutes 1998, sections 16B.88, subdivision 5; 72.23 79.51, subdivision 4; 124D.17, subdivision 8; 144.121, 72.24 subdivision 7; 144.664, subdivision 4; 197.236, subdivisions 1 72.25 and 2; and 245.825, subdivision 1a, are repealed. 72.26 ARTICLE 3 72.27 LEGISLATIVE WATER COMMISSION 72.28 Section 1. Minnesota Statutes 1998, section 17.114, 72.29 subdivision 3, is amended to read: 72.30 Subd. 3. [DUTIES.] (a) The commissioner shall: 72.31 (1) establish a clearinghouse and provide information, 72.32 appropriate educational opportunities and other assistance to 72.33 individuals, producers, and groups about sustainable 72.34 agricultural techniques, practices, and opportunities; 72.35 (2) survey producers and support services and organizations 72.36 to determine information and research needs in the area of 73.1 sustainable agricultural practices; 73.2 (3) demonstrate the on-farm applicability of sustainable 73.3 agriculture practices to conditions in this state; 73.4 (4) coordinate the efforts of state agencies regarding 73.5 activities relating to sustainable agriculture; 73.6 (5) direct the programs of the department so as to work 73.7 toward the sustainability of agriculture in this state; 73.8 (6) inform agencies of how state or federal programs could 73.9 utilize and support sustainable agriculture practices; 73.10 (7) work closely with farmers, the University of Minnesota, 73.11 and other appropriate organizations to identify opportunities 73.12 and needs as well as assure coordination and avoid duplication 73.13 of state agency efforts regarding research, teaching, and 73.14 extension work relating to sustainable agriculture; and 73.15 (8) report to the environmental quality board for review 73.16 and then to the legislative water commissionhouse of 73.17 representatives and senate committees with jurisdiction over the 73.18 environment, natural resources, and agriculture every 73.19 even-numbered year. 73.20 (b) The report under paragraph (a), clause (8), must 73.21 include: 73.22 (1) the presentation and analysis of findings regarding the 73.23 current status and trends regarding the economic condition of 73.24 producers; the status of soil and water resources utilized by 73.25 production agriculture; the magnitude of off-farm inputs used; 73.26 and the amount of nonrenewable resources used by Minnesota 73.27 farmers; 73.28 (2) a description of current state or federal programs 73.29 directed toward sustainable agriculture including significant 73.30 results and experiences of those programs; 73.31 (3) a description of specific actions the department of 73.32 agriculture is taking in the area of sustainable agriculture; 73.33 (4) a description of current and future research needs at 73.34 all levels in the area of sustainable agriculture; and 73.35 (5) suggestions for changes in existing programs or 73.36 policies or enactment of new programs or policies that will 74.1 affect farm profitability, maintain soil and water quality, 74.2 reduce input costs, or lessen dependence upon nonrenewable 74.3 resources. 74.4 Sec. 2. Minnesota Statutes 1998, section 17.114, 74.5 subdivision 4, is amended to read: 74.6 Subd. 4. [INTEGRATED PEST MANAGEMENT.] (a) The state shall 74.7 promote and facilitate the use of integrated pest management 74.8 through education, technical or financial assistance, 74.9 information and research. 74.10 (b) The commissioner shall coordinate the development of a 74.11 state approach to the promotion and use of integrated pest 74.12 management, which shall include delineation of the 74.13 responsibilities of the state, public post-secondary 74.14 institutions, Minnesota extension service, local units of 74.15 government, and the private sector; establishment of information 74.16 exchange and integration; procedures for identifying research 74.17 needs and reviewing and preparing informational materials; 74.18 procedures for factoring integrated pest management into state 74.19 laws, rules, and uses of pesticides; and identification of 74.20 barriers to adoption. 74.21 (c) The commissioner shall report to the environmental 74.22 quality board for review and then to the legislative water74.23 commissionhouse of representatives and senate committees with 74.24 jurisdiction over the environment, natural resources, and 74.25 agriculture every even-numbered year. The report shall be 74.26 combined with the report required in subdivision 3. 74.27 Sec. 3. Minnesota Statutes 1998, section 17.117, 74.28 subdivision 15, is amended to read: 74.29 Subd. 15. [REPORT.] (a) The commissioner and chair shall 74.30 prepare and submit a report to the legislative water commission74.31 by October 15, 1994, and October 15, 1995. Thereafter, the74.32 report shall be submittedhouse of representatives and senate 74.33 committees with jurisdiction over the environment, natural 74.34 resources, and agriculture by October 15 of each odd-numbered 74.35 year. 74.36 (b) The report shall include, but need not be limited to, 75.1 matters such as loan allocations and uses, the extent to which 75.2 the financial assistance is helping implement local water 75.3 planning priorities, the integration or coordination that has 75.4 occurred with related programs, and other matters deemed 75.5 pertinent to the implementation of the program. 75.6 Sec. 4. Minnesota Statutes 1998, section 17.498, is 75.7 amended to read: 75.8 17.498 [RULES; FINANCIAL ASSURANCE.] 75.9 (a) The commissioner of the pollution control agency, after 75.10 consultation and cooperation with the commissioners of 75.11 agriculture and natural resources, shall present proposed rules 75.12 to the pollution control agency board prescribing water quality 75.13 permit requirements for aquaculture facilities by May 1, 1992. 75.14 The rules must consider: 75.15 (1) best available proven technology, best management 75.16 practices, and water treatment practices that prevent and 75.17 minimize degradation of waters of the state considering economic 75.18 factors, availability, technical feasibility, effectiveness, and 75.19 environmental impacts; 75.20 (2) classes, types, sizes, and categories of aquaculture 75.21 facilities; 75.22 (3) temporary reversible impacts versus long-term impacts 75.23 on water quality; 75.24 (4) effects on drinking water supplies that cause adverse 75.25 human health concerns; and 75.26 (5) aquaculture therapeutics, which shall be regulated by 75.27 the pollution control agency. 75.28 (b) Net pen aquaculture and other aquaculture facilities 75.29 with similar effects must submit an annual report to the 75.30 commissioner of the pollution control agency analyzing changes 75.31 in water quality trends from previous years, documentation of 75.32 best management practices, documentation of costs to restore the 75.33 waters used for aquaculture to the trophic state existing before 75.34 aquatic farming was initiated, and documentation of financial 75.35 assurance in an amount adequate to pay for restoration costs. 75.36 The trophic state, which is the productivity of the waters 76.1 measured by total phosphorus, dissolved oxygen, algae abundance 76.2 as chlorophyll-a, and secchi disk depth of light penetration, 76.3 and the condition of the waters measured by raw drinking water 76.4 parameters, shall be determined to the extent possible before 76.5 aquatic farming is initiated. The financial assurance may be a 76.6 trust fund, letter of credit, escrow account, surety bond, or 76.7 other financial assurance payable to the commissioner for 76.8 restoration of the waters if the permittee cannot or will not 76.9 restore the waters after termination of aquatic farming 76.10 operations or revocation of the permit. 76.11 (c) The commissioner of the pollution control agency shall76.12 submit a draft of the proposed rules to the legislative water76.13 commission by September 1, 1991. By January 15, 1992, the76.14 commissioner of the pollution control agency shall submit a76.15 report to the legislative water commission about aquaculture76.16 facilities permitted by the pollution control agency. The76.17 report must include concerns of permittees as well as concerns76.18 of the agency about permitted aquaculture facilities and how76.19 those concerns will be addressed in the proposed rules.76.20 (d)Information received as part of a permit application or 76.21 as otherwise requested must be classified according to chapter 76.22 13. Information about processes, aquatic farming procedures, 76.23 feed and therapeutic formulas and rates, and tests on aquatic 76.24 farming products that have economic value is nonpublic data 76.25 under chapter 13, if requested by the applicant or permittee. 76.26 Sec. 5. Minnesota Statutes 1998, section 18B.045, 76.27 subdivision 1, is amended to read: 76.28 Subdivision 1. [DEVELOPMENT.] The commissioner shall 76.29 develop a pesticide management plan for the prevention, 76.30 evaluation, and mitigation of occurrences of pesticides or 76.31 pesticide breakdown products in groundwaters and surface waters 76.32 of the state. The pesticide management plan must include 76.33 components promoting prevention, developing appropriate 76.34 responses to the detection of pesticides or pesticide breakdown 76.35 products in groundwater and surface waters, and providing 76.36 responses to reduce or eliminate continued pesticide movement to 77.1 groundwater and surface water. BeginningBy September 1 , 1994,77.2 and biennially thereafterof each even-numbered year, the 77.3 commissioner must submit a status report on the plan to the 77.4 environmental quality board for review and then to 77.5 the legislative water commissionhouse of representatives and 77.6 senate committees with jurisdiction over the environment, 77.7 natural resources, and agriculture. 77.8 Sec. 6. Minnesota Statutes 1998, section 18E.06, is 77.9 amended to read: 77.10 18E.06 [REPORT TO WATER COMMISSION.] 77.11 By September 1 , 1994, andof each year thereafter, the 77.12 agricultural chemical response compensation board and the 77.13 commissioner shall submit to the house of representatives 77.14 committee on ways and means, the senate committee on 77.15 finance, the house of representatives and senate committees with 77.16 jurisdiction over the environment, natural resources, and 77.17 agriculture, and the environmental quality board , and the77.18 legislative water commissiona report detailing the activities 77.19 and reimbursements for which money from the account has been 77.20 spent during the previous year. 77.21 Sec. 7. Minnesota Statutes 1998, section 103A.43, is 77.22 amended to read: 77.23 103A.43 [WATER ASSESSMENTS AND REPORTS.] 77.24 (a) The environmental quality board shall evaluate and 77.25 report to the legislative water commissionhouse of 77.26 representatives and senate committees with jurisdiction over the 77.27 environment, natural resources, and agriculture and the 77.28 legislative commission on Minnesota resources on statewide water 77.29 research needs and recommended priorities for addressing these 77.30 needs. Local water research needs may also be included. 77.31 (b) The environmental quality board shall work with the 77.32 pollution control agency and the department of agriculture to 77.33 coordinate a biennial assessment and analysis of water quality, 77.34 groundwater degradation trends, and efforts to reduce, prevent, 77.35 minimize, and eliminate degradation of water. The assessment 77.36 and analysis must include an analysis of relevant monitoring 78.1 data. 78.2 (c) The environmental quality board shall work with the 78.3 department of natural resources to coordinate an assessment and 78.4 analysis of the quantity of surface and ground water in the 78.5 state and the availability of water to meet the state's needs. 78.6 (d) The environmental quality board shall coordinate and 78.7 submit a report on water policy including the analyses in 78.8 paragraphs (a) to (c) to the legislative water commissionhouse 78.9 of representatives and senate committees with jurisdiction over 78.10 the environment, natural resources, and agriculture and the 78.11 legislative commission on Minnesota resources by September 15 of 78.12 each even-numbered year. The report may include the groundwater 78.13 policy report in section 103A.204. 78.14 Sec. 8. Minnesota Statutes 1998, section 103B.321, 78.15 subdivision 1, is amended to read: 78.16 Subdivision 1. [GENERAL.] The board shall: 78.17 (1) develop guidelines for the contents of comprehensive 78.18 water plans that provide for a flexible approach to meeting the 78.19 different water and related land resources needs of counties and 78.20 watersheds across the state; 78.21 (2) coordinate assistance of state agencies to counties and 78.22 other local units of government involved in preparation of 78.23 comprehensive water plans, including identification of pertinent 78.24 data and studies available from the state and federal 78.25 government; 78.26 (3) conduct an active program of information and education 78.27 concerning the requirements and purposes of sections 103B.301 to 78.28 103B.355 in conjunction with the association of Minnesota 78.29 counties; 78.30 (4) determine contested cases under section 103B.345; 78.31 (5) establish a process for review of comprehensive water 78.32 plans that assures the plans are consistent with state law; 78.33 (6) report to the legislative commission on Minnesotahouse 78.34 of representatives and senate committees with jurisdiction over 78.35 the environment, natural resources, and agriculture as required 78.36 by section 103B.351; and 79.1 (7) make grants to counties for comprehensive local water 79.2 planning, implementation of priority actions identified in 79.3 approved plans, and sealing of abandoned wells. 79.4 Sec. 9. Minnesota Statutes 1998, section 103B.351, is 79.5 amended to read: 79.6 103B.351 [COMMISSION OVERSIGHT; REPORT REQUIRED.] 79.7 The board shall, on or before January 15 of each year, 79.8 submit to the legislative water commissionhouse of 79.9 representatives and senate committees with jurisdiction over the 79.10 environment, natural resources, and agriculture a written report 79.11 on the board's functions and the implementation of sections 79.12 103B.201 to 103B.355 since the previous report under this 79.13 section was submitted. The report to the commissioncommittees 79.14 must include the board's recommendations for changes to sections 79.15 103B.201 to 103B.355 and any recommendations for funding. The 79.16 board shall also report to the commissioncommittees at other 79.17 times requested by the commissioncommittees. The commission79.18 may make recommendations to the legislature concerning the79.19 funding, implementation, and amendment of sections 103B.201 to79.20 103B.355.79.21 Sec. 10. Minnesota Statutes 1998, section 103F.461, is 79.22 amended to read: 79.23 103F.461 [GROUNDWATER EDUCATION.] 79.24 (a) In each even-numbered year, the board of water and soil 79.25 resources must review groundwater education activities with 79.26 local units of government and develop recommendations for 79.27 improvement in a report to the environmental quality board for 79.28 review and then to the legislative water commissionhouse of 79.29 representatives and senate committees with jurisdiction over the 79.30 environment, natural resources, and agriculture as part of the 79.31 groundwater policy report in section 103A.204. The board must 79.32 work with agencies and interested groups with responsibility for 79.33 groundwater education in preparing the report. 79.34 (b) The board must ensure that the biennial review of 79.35 groundwater education with local units of government is 79.36 coordinated with the Minnesota environmental education advisory 80.1 board and the nonpoint source education and information strategy 80.2 of the pollution control agency. 80.3 (c) Grants for innovative groundwater education strategies 80.4 to local units of government identified in this section may be 80.5 awarded by the board of water and soil resources. 80.6 Sec. 11. Minnesota Statutes 1998, section 103H.175, 80.7 subdivision 3, is amended to read: 80.8 Subd. 3. [REPORT.] In each even-numbered year, the 80.9 pollution control agency, in cooperation with other agencies 80.10 participating in the monitoring of water resources, shall 80.11 provide a draft report on the status of groundwater monitoring 80.12 to the environmental quality board for review and then to the 80.13 legislative water commissionhouse of representatives and senate 80.14 committees with jurisdiction over the environment, natural 80.15 resources, and agriculture as part of the report in section 80.16 103A.204. 80.17 Sec. 12. Minnesota Statutes 1998, section 103H.275, is 80.18 amended to read: 80.19 103H.275 [MANAGEMENT OF POLLUTANTS WHERE GROUNDWATER IS 80.20 POLLUTED.] 80.21 Subdivision 1. [AREAS WHERE GROUNDWATER POLLUTION IS 80.22 DETECTED.] (a) If groundwater pollution is detected, a state 80.23 agency or political subdivision that regulates an activity 80.24 causing or potentially causing a contribution to the pollution 80.25 identified shall promote implementation of best management 80.26 practices to prevent or minimize the source of pollution to the 80.27 extent practicable. 80.28 (b) The pollution control agency, or for agricultural 80.29 chemicals and practices, the commissioner of agriculture may 80.30 adopt water source protection requirements under subdivision 2 80.31 that are consistent with the goal of section 103H.001 and are 80.32 commensurate with the groundwater pollution if the 80.33 implementation of best management practices has proven to be 80.34 ineffective. 80.35 (c) The water resources protection requirements must be: 80.36 (1) designed to prevent and minimize the pollution to the 81.1 extent practicable; 81.2 (2) designed to prevent the pollution from exceeding the 81.3 health risk limits; and 81.4 (3) submitted to the legislative water commissionhouse of 81.5 representatives and senate committees with jurisdiction over the 81.6 environment, natural resources, and agriculture. 81.7 Subd. 2. [ADOPTION OF WATER RESOURCE PROTECTION 81.8 REQUIREMENTS.] (a) The pollution control agency, or for 81.9 agricultural chemicals and practices, the commissioner of 81.10 agriculture shall adopt by rule water resource protection 81.11 requirements that are consistent with the goal of section 81.12 103H.001 to prevent and minimize the pollution to the extent 81.13 practicable. The proposed rule must be submitted to the 81.14 legislative water commission for reviewhouse of representatives 81.15 and senate committees with jurisdiction over the environment, 81.16 natural resources, and agriculture before adoption. The water 81.17 resource protection requirements must be based on the use and 81.18 effectiveness of best management practices, the product use and 81.19 practices contributing to the pollution detected, economic 81.20 factors, availability, technical feasibility, implementability, 81.21 and effectiveness. The water resource protection requirements 81.22 may be adopted for one or more pollutants or a similar class of 81.23 pollutants. A water resource protection requirement may not be 81.24 adopted before January 1, 1991. 81.25 (b) Before the water resource protection requirements are 81.26 adopted, the pollution control agency or the commissioner of 81.27 agriculture for agricultural chemicals and practices must notify 81.28 affected persons and businesses for comments and input in 81.29 developing the water resource protection requirements. 81.30 (c) Unless the water resource protection requirements are 81.31 to cover the entire state, the water resource protection 81.32 requirements are only effective in areas designated by the 81.33 commissioner of the pollution control agency by order or for 81.34 agricultural chemicals and practices in areas designated by the 81.35 commissioner of agriculture by order. The procedures for 81.36 issuing the order and the effective date of the order must be 82.1 included in the water resource protection requirements rule. 82.2 (d) The water resource protection requirements rule must 82.3 contain procedures for notice to be given to persons affected by 82.4 the rule and order of the commissioner. The procedures may 82.5 include notice by publication, personal service, and other 82.6 appropriate methods to inform affected persons of the rule and 82.7 commissioner's order. 82.8 (e) A person who is subject to a water resource protection 82.9 requirement may apply to the pollution control agency, or for 82.10 agricultural chemicals and practices the commissioner of 82.11 agriculture, and suggest an alternative protection requirement. 82.12 Within 60 days after receipt, the agency or commissioner of 82.13 agriculture must approve or deny the request. If the pollution 82.14 control agency or commissioner of agriculture approves the 82.15 request, an order must be issued approving the alternative 82.16 protection requirement. 82.17 (f) A person who violates a water resource protection 82.18 requirement relating to pollutants, other than agricultural 82.19 chemicals, is subject to the penalties for violating a rule 82.20 adopted under chapter 116. A person who violates a water 82.21 resource protection requirement relating to agricultural 82.22 chemicals and practices is subject to the penalties for 82.23 violating a rule adopted under chapter 18D. 82.24 Sec. 13. Minnesota Statutes 1998, section 115B.20, 82.25 subdivision 6, is amended to read: 82.26 Subd. 6. [REPORT TO LEGISLATURE.] Each year, the 82.27 commissioner of agriculture and the agency shall submit to the 82.28 senate finance committee, the house ways and means committee, 82.29 the environment and natural resources committees of the senate 82.30 and house of representatives, the finance division of the senate 82.31 committee on environment and natural resources, and the house of 82.32 representatives committee on environment and natural resources 82.33 finance, and the environmental quality board , and the82.34 legislative water commissiona report detailing the activities 82.35 for which money from the account has been spent during the 82.36 previous fiscal year.