HF 1037

as introduced - 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  1.5             superseded provisions; making miscellaneous technical 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; 62E.15, subdivision 2; 79A.06, 
  1.16            subdivision 5; 103A.43; 103B.321, subdivision 1; 
  1.17            103B.351; 103B.581, subdivision 2; 103F.461; 103G.221, 
  1.18            subdivision 1; 103H.175, subdivision 3; 103H.275; 
  1.19            115A.175, subdivision 2; 115A.33; 115B.20, 
  1.20            subdivisions 1 and 6; 115C.021, subdivision 1; 
  1.21            116.182, subdivision 3a; 116J.70, subdivision 2a; 
  1.22            117.47; 119A.03, subdivision 2; 119A.26, subdivision 
  1.23            2; 119A.45; 119A.46, subdivision 4; 119A.51, 
  1.24            subdivision 1; 119B.05, subdivision 1; 123B.57, 
  1.25            subdivision 6; 124D.17, subdivision 7; 126C.21, 
  1.26            subdivision 4; 126C.48, subdivision 8; 136F.47; 
  1.27            156.11; 168.022, subdivision 4; 169.1217, subdivision 
  1.28            7a; 169.129, subdivision 2; 171.061, subdivision 1; 
  1.29            171.07, subdivision 10; 174.06, subdivision 1; 179.12; 
  1.30            181.58; 205A.01, subdivision 2; 219.074, subdivision 
  1.31            2; 219.39; 221.034, subdivision 5; 221.036, 
  1.32            subdivisions 1 and 3; 239.761, subdivisions 13 and 14; 
  1.33            245.462, subdivision 7; 245.466, subdivision 4; 
  1.34            245.4871, subdivision 9; 245.4875, subdivision 4; 
  1.35            245.825, subdivision 1b; 256B.0625, subdivision 32; 
  1.36            256B.0911, subdivision 7; 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; 
  1.45            repealing Minnesota Statutes 1998, sections 3.873; 
  1.46            16B.88, subdivision 5; 62J.47; 79.51, subdivision 4; 
  2.1             115A.159; 119A.28, subdivision 4; 119A.31, subdivision 
  2.2             3; 119A.54; 124D.17, subdivision 8; 144.121, 
  2.3             subdivision 7; 144.664, subdivision 4; 197.236, 
  2.4             subdivisions 1 and 2; 218.011, subdivision 7; 245.825, 
  2.5             subdivision 1a; 256.995, subdivision 7; 256B.434, 
  2.6             subdivision 13; 323.02, subdivisions 10 and 11; 
  2.7             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 appointments chief 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 intertribal 
  3.13  board council; 
  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  124.08 127A.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.05 120A.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 the operating 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 services centers 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 section 
 10.12  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.17 16C.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.21 216C.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.41 120A.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 or 
 12.18  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.25 48A.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 for of, 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, of payments, 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 62E.15, 
 12.35  subdivision 2, is amended to read: 
 12.36     Subd. 2.  [ASSOCIATION'S DUTY.] The association shall 
 13.1   devise and implement means of maintaining public awareness of 
 13.2   the provisions of sections 62E.01 to 62E.17 62E.16 and shall 
 13.3   administer these sections in a manner which facilitates public 
 13.4   participation in the state plan. 
 13.5      Sec. 16.  Minnesota Statutes 1998, section 79A.06, 
 13.6   subdivision 5, is amended to read: 
 13.7      Subd. 5.  [PRIVATE EMPLOYERS WHO HAVE CEASED TO BE 
 13.8   SELF-INSURED.] (a) Private employers who have ceased to be 
 13.9   private self-insurers shall discharge their continuing 
 13.10  obligations to secure the payment of compensation which is 
 13.11  accrued during the period of self-insurance, for purposes of 
 13.12  Laws 1988, chapter 674, sections 1 to 21, by compliance with all 
 13.13  of the following obligations of current certificate holders: 
 13.14     (1) Filing reports with the commissioner to carry out the 
 13.15  requirements of this chapter; 
 13.16     (2) Depositing and maintaining a security deposit for 
 13.17  accrued liability for the payment of any compensation which may 
 13.18  become due, pursuant to chapter 176.  However, if a private 
 13.19  employer who has ceased to be a private self-insurer purchases 
 13.20  an insurance policy from an insurer authorized to transact 
 13.21  workers' compensation insurance in this state which provides 
 13.22  coverage of all claims for compensation arising out of injuries 
 13.23  occurring during the period the employer was self-insured, 
 13.24  whether or not reported during that period, the policy will 
 13.25  discharge the obligation of the employer to maintain a security 
 13.26  deposit for the payment of the claims covered under the policy.  
 13.27  The policy may not be issued by an insurer unless it has 
 13.28  previously been approved as to form and substance by the 
 13.29  commissioner; and 
 13.30     (3) Paying within 30 days all assessments of which notice 
 13.31  is sent by the security fund, for a period of seven years from 
 13.32  the last day its certificate of self-insurance was in effect.  
 13.33  Thereafter, the private employer who has ceased to be a private 
 13.34  self-insurer may either:  (i) continue to pay within 30 days all 
 13.35  assessments of which notice is sent by the security fund until 
 13.36  it has no incurred liabilities for the payment of compensation 
 14.1   arising out of injuries during the period of self-insurance; or 
 14.2   (ii) pay the security fund a cash payment equal to four percent 
 14.3   of the net present value of all remaining incurred liabilities 
 14.4   for the payment of compensation under sections 176.101 and 
 14.5   176.111 as certified by a member of the casualty actuarial 
 14.6   society.  Assessments shall be based on the benefits paid by the 
 14.7   employer during the calendar year immediately preceding the 
 14.8   calendar year in which the employer's right to self-insure is 
 14.9   terminated or withdrawn. 
 14.10     (b) With respect to a self-insurer who terminates its 
 14.11  self-insurance authority after April 1, 1998, that member shall 
 14.12  obtain and file with the commissioner an actuarial opinion of 
 14.13  its outstanding liabilities as determined by an associate or 
 14.14  fellow of the Casualty Actuarial Society.  The opinion must 
 14.15  separate liability for indemnity benefits from liability from 
 14.16  medical benefits, and must discount each up to four percent per 
 14.17  annum to net present value.  Within 30 days after notification 
 14.18  of approval of the actuarial opinion by the commissioner, the 
 14.19  member shall pay to the security fund an amount equal to 120 
 14.20  percent of that discounted outstanding indemnity liability, 
 14.21  multiplied by the greater of the average annualized assessment 
 14.22  rate since inception of the security fund or the annual rate at 
 14.23  the time of the most recent assessment before termination. 
 14.24     (c) A former member who terminated its self-insurance 
 14.25  authority before April 1, 1998, who has paid assessments to the 
 14.26  self-insurers' security fund for seven years, and whose 
 14.27  annualized assessment is $500 or less, may buy out of its 
 14.28  outstanding liabilities to the self-insurers' security fund by 
 14.29  an amount calculated as follows:  1.35 multiplied by the 
 14.30  indemnity case reserves at the time of the calculation, 
 14.31  multiplied by the then current self-insurers' security fund 
 14.32  annualized assessment rate. 
 14.33     (d) A former member who terminated its self-insurance 
 14.34  authority before April 1, 1998, and who is paying assessments 
 14.35  within the first seven years after ceasing to be self-insured 
 14.36  under paragraph (a), clause (3), may elect to buy out its 
 15.1   outstanding liabilities to the self-insurers' security fund by 
 15.2   obtaining and filing with the commissioner an actuarial opinion 
 15.3   of its outstanding liabilities as determined by an associate or 
 15.4   fellow of the Casualty Actuarial Society.  The opinion must 
 15.5   separate liability for indemnity benefits from liability from 
 15.6   for medical benefits, and must discount each up to four percent 
 15.7   per annum to net present value.  Within 30 days after 
 15.8   notification of approval of the actuarial opinion by the 
 15.9   commissioner, the member shall pay to the security fund an 
 15.10  amount equal to 120 percent of that discounted outstanding 
 15.11  indemnity liability, multiplied by the greater of the average 
 15.12  annualized assessment rate since inception of the security fund 
 15.13  or the annual rate at the time of the most recent assessment. 
 15.14     (e) A former member who has paid the security fund 
 15.15  according to paragraphs (b) to (d) and subsequently receives 
 15.16  authority from the commissioner to again self-insure shall be 
 15.17  assessed under section 79A.12, subdivision 2, only on indemnity 
 15.18  benefits paid on injuries that occurred after the former member 
 15.19  received authority to self-insure again; provided that the 
 15.20  member furnishes verified data regarding those benefits to the 
 15.21  security fund. 
 15.22     (f) In addition to proceedings to establish liabilities and 
 15.23  penalties otherwise provided, a failure to comply may be the 
 15.24  subject of a proceeding before the commissioner.  An appeal from 
 15.25  the commissioner's determination may be taken pursuant to the 
 15.26  contested case procedures of chapter 14 within 30 days of the 
 15.27  commissioner's written determination. 
 15.28     Any current or past member of the self-insurers' security 
 15.29  fund is subject to service of process on any claim arising out 
 15.30  of chapter 176 or this chapter in the manner provided by section 
 15.31  5.25, or as otherwise provided by law.  The issuance of a 
 15.32  certificate to self-insure to the private self-insured employer 
 15.33  shall be deemed to be the agreement that any process which is 
 15.34  served in accordance with this section shall be of the same 
 15.35  legal force and effect as if served personally within this state.
 15.36     Sec. 17.  Minnesota Statutes 1998, section 103B.581, 
 16.1   subdivision 2, is amended to read: 
 16.2      Subd. 2.  [FINDINGS AND ORDER.] If the board or joint 
 16.3   county authority determines that the existence of the district 
 16.4   is no longer in the public welfare or public interest and it is 
 16.5   not needed to accomplish the purpose of the Lake Improvement 
 16.6   District Act Law, the board or joint county authority shall make 
 16.7   the findings and terminate the district by order.  On filing a 
 16.8   certified copy of the findings and order with the secretary of 
 16.9   state, pollution control agency, and commissioner of natural 
 16.10  resources the district is terminated and ceases to be a 
 16.11  political subdivision of the state. 
 16.12     Sec. 18.  Minnesota Statutes 1998, section 103G.221, 
 16.13  subdivision 1, is amended to read: 
 16.14     Subdivision 1.  [DRAINAGE OF PUBLIC WATERS WETLANDS 
 16.15  GENERALLY PROHIBITED WITHOUT REPLACEMENT.] Except as provided in 
 16.16  subdivisions 2 and 3, Public waters wetlands may not be drained, 
 16.17  and a permit authorizing drainage of public waters wetlands may 
 16.18  not be issued, unless the public waters wetlands to be drained 
 16.19  are replaced by wetlands that will have equal or greater public 
 16.20  value. 
 16.21     Sec. 19.  Minnesota Statutes 1998, section 115A.175, 
 16.22  subdivision 2, is amended to read: 
 16.23     Subd. 2.  [DISMISSAL OF CANDIDATE SITES.] All candidate 
 16.24  sites remaining under Minnesota Statutes 1996, section 115A.21, 
 16.25  subdivision 1, are dismissed from further consideration as 
 16.26  candidate sites for hazardous waste facilities. 
 16.27     Sec. 20.  Minnesota Statutes 1998, section 115A.33, is 
 16.28  amended to read: 
 16.29     115A.33 [ELIGIBILITY; REQUEST FOR REVIEW.] 
 16.30     The following persons shall be eligible to request 
 16.31  supplementary review by the board pursuant to sections 115A.32 
 16.32  to 115A.39:  (a) a generator of sewage sludge within the state 
 16.33  who has been issued permits by the agency for a facility to 
 16.34  dispose of sewage sludge or solid waste resulting from sewage 
 16.35  treatment; (b) a political subdivision which has been issued 
 16.36  permits by the agency, or a political subdivision acting on 
 17.1   behalf of a person who has been issued permits by the agency, 
 17.2   for a solid waste facility which is no larger than 250 acres, 
 17.3   not including any proposed buffer area, and located outside the 
 17.4   metropolitan area; (c) a generator of hazardous waste within the 
 17.5   state who has been issued permits by the agency for a hazardous 
 17.6   waste facility to be owned and operated by the generator, on 
 17.7   property owned by the generator, and to be used by the generator 
 17.8   for managing the hazardous wastes produced by the generator 
 17.9   only; (d) a person who has been issued permits by the agency for 
 17.10  a commercial hazardous waste processing facility at a site 
 17.11  included in the board's inventory of preferred sites for such 
 17.12  facilities adopted pursuant to Minnesota Statutes 1996, section 
 17.13  115A.09; (e) a person who has been issued permits by the agency 
 17.14  for a disposal facility for the nonhazardous sludge, ash, or 
 17.15  other solid waste generated by a permitted hazardous waste 
 17.16  processing facility operated by the person.  The board may 
 17.17  require completion of a plan conforming to the requirements of 
 17.18  section 115A.46, before granting review under clause (b).  A 
 17.19  request for supplementary review shall show that the required 
 17.20  permits for the facility have been issued by the agency and that 
 17.21  a political subdivision has refused to approve the establishment 
 17.22  or operation of the facility. 
 17.23     Sec. 21.  Minnesota Statutes 1998, section 115B.20, 
 17.24  subdivision 1, is amended to read: 
 17.25     Subdivision 1.  [ESTABLISHMENT.] (a) The environmental 
 17.26  response, compensation, and compliance account is in the 
 17.27  environmental fund in the state treasury and may be spent only 
 17.28  for the purposes provided in subdivision 2.  
 17.29     (b) The commissioner of finance shall administer a response 
 17.30  account for the agency and the commissioner of agriculture to 
 17.31  take removal, response, and other actions authorized under 
 17.32  subdivision 2, clauses (1) to (4) and (10) to (12).  The 
 17.33  commissioner of finance shall transfer money from the response 
 17.34  account to the agency and the commissioner of agriculture to 
 17.35  take actions required under subdivision 2, clauses (1) to (4) 
 17.36  and (10) to (12).  
 18.1      (c) The commissioner of finance shall administer the 
 18.2   account in a manner that allows the commissioner of agriculture 
 18.3   and the agency to utilize the money in the account to implement 
 18.4   their removal and remedial action duties as effectively as 
 18.5   possible. 
 18.6      (d) Amounts appropriated to the commissioner of finance 
 18.7   under this subdivision shall not be included in the department 
 18.8   of finance budget but shall be included in the pollution control 
 18.9   agency and department of agriculture budgets. 
 18.10     (e) All money recovered by the state under section 115B.04 
 18.11  or any other law for injury to, destruction of, or loss of 
 18.12  natural resources resulting from the release of a hazardous 
 18.13  substance, or a pollutant or contaminant, must be credited to 
 18.14  the environmental response, compensation, and compliance account 
 18.15  in the environmental fund and is appropriated to the 
 18.16  commissioner of natural resources for purposes of subdivision 2, 
 18.17  clause (6) (5), consistent with any applicable term of 
 18.18  judgments, consent decrees, consent orders, or other 
 18.19  administrative actions requiring payments to the state for such 
 18.20  purposes.  Before making an expenditure of money appropriated 
 18.21  under this paragraph, the commissioner of natural resources 
 18.22  shall provide written notice of the proposed expenditure to the 
 18.23  chairs of the senate committee on finance, the house of 
 18.24  representatives committee on ways and means, the finance 
 18.25  division of the senate committee on environment and natural 
 18.26  resources, and the house of representatives committee on 
 18.27  environment and natural resources finance. 
 18.28     Sec. 22.  Minnesota Statutes 1998, section 115C.021, 
 18.29  subdivision 1, is amended to read: 
 18.30     Subdivision 1.  [GENERAL RULE.] Except as provided in 
 18.31  subdivision subdivisions 2 to 4, a person is responsible for a 
 18.32  release from a tank if the person is an owner or operator of the 
 18.33  tank at any time during or after the release. 
 18.34     Sec. 23.  Minnesota Statutes 1998, section 116.182, 
 18.35  subdivision 3a, is amended to read: 
 18.36     Subd. 3a.  [NOTIFICATION OF OTHER GOVERNMENT UNITS.] In 
 19.1   addition to other applicable statutes or rules that are required 
 19.2   to receive financial assistance consistent with this 
 19.3   subdivision, the commissioner may not approve or certify a 
 19.4   project to the public facilities authority for wastewater 
 19.5   financial assistance unless the following requirements are met: 
 19.6      (1) prior to the initiation of the public facilities 
 19.7   planning process for a new wastewater treatment system, the 
 19.8   project proposer gives written notice to all municipalities as 
 19.9   defined in section 116.82 within ten miles of the proposed 
 19.10  project service area, including the county in which the project 
 19.11  is located, the office of strategic and long-range planning, and 
 19.12  the pollution control agency.  The notice shall state the 
 19.13  proposer's intent to begin the facilities planning process and 
 19.14  provide a description of the need for the proposed project.  The 
 19.15  notice also shall request a response within 30 days of the 
 19.16  notice date from all government units who wish to receive and 
 19.17  comment on the future facilities plan for the proposed project; 
 19.18     (2) during development of the facility plan's analysis of 
 19.19  service alternatives, the project proposer must request 
 19.20  information from all municipalities and sanitary districts which 
 19.21  have existing systems that have current capacity to meet the 
 19.22  proposer's needs or can be upgraded to meet those needs.  At a 
 19.23  minimum, the proposer must notify in writing those 
 19.24  municipalities and sanitary districts whose corporate limits or 
 19.25  boundaries are within three miles of the proposed project's 
 19.26  service area; 
 19.27     (3) 60 days prior to the municipality's public hearing on 
 19.28  the facilities plan, a copy of the draft facilities plan and 
 19.29  notice of the public hearing on the facilities plan must be 
 19.30  given to the local government units who previously expressed 
 19.31  interest in the proposed project under clause (1); 
 19.32     (4) for a proposed project located or proposed to be 
 19.33  located outside the corporate limits of a city, the affected 
 19.34  county has certified to the agency that the proposed project is 
 19.35  consistent with the applicable county comprehensive plan and 
 19.36  zoning and subdivision regulations; and 
 20.1      (5) copies of the notifications required under clauses (1) 
 20.2   and (2), as well as the certification from the county and a 
 20.3   summary of the comments received, must be included by the 
 20.4   municipality in the submission of its facilities plan to the 
 20.5   pollution control agency, along with other required items as 
 20.6   specified in the agency's rules. 
 20.7      This subdivision does not apply to the western Lake 
 20.8   Superior sanitary district or the metropolitan council. 
 20.9      Sec. 24.  Minnesota Statutes 1998, section 116J.70, 
 20.10  subdivision 2a, is amended to read: 
 20.11     Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
 20.12  "license" does not include the following:  
 20.13     (1) any occupational license or registration issued by a 
 20.14  licensing board listed in section 214.01 or any occupational 
 20.15  registration issued by the commissioner of health pursuant to 
 20.16  section 214.13; 
 20.17     (2) any license issued by a county, home rule charter city, 
 20.18  statutory city, township, or other political subdivision; 
 20.19     (3) any license required to practice the following 
 20.20  occupation regulated by the following sections:  
 20.21     (i) abstracters regulated pursuant to chapter 386; 
 20.22     (ii) accountants regulated pursuant to chapter 326; 
 20.23     (iii) adjusters regulated pursuant to chapter 72B; 
 20.24     (iv) architects regulated pursuant to chapter 326; 
 20.25     (v) assessors regulated pursuant to chapter 270; 
 20.26     (vi) athletic trainers regulated pursuant to chapter 148; 
 20.27     (vii) attorneys regulated pursuant to chapter 481; 
 20.28     (viii) auctioneers regulated pursuant to chapter 330; 
 20.29     (ix) barbers regulated pursuant to chapter 154; 
 20.30     (x) beauticians regulated pursuant to chapter 155A; 
 20.31     (xi) boiler operators regulated pursuant to chapter 183; 
 20.32     (xii) chiropractors regulated pursuant to chapter 148; 
 20.33     (xiii) collection agencies regulated pursuant to chapter 
 20.34  332; 
 20.35     (xiv) cosmetologists regulated pursuant to chapter 155A; 
 20.36     (xv) dentists, registered dental assistants, and dental 
 21.1   hygienists regulated pursuant to chapter 150A; 
 21.2      (xvi) detectives regulated pursuant to chapter 326; 
 21.3      (xvii) electricians regulated pursuant to chapter 326; 
 21.4      (xviii) mortuary science practitioners regulated pursuant 
 21.5   to chapter 149A; 
 21.6      (xix) engineers regulated pursuant to chapter 326; 
 21.7      (xx) insurance brokers and salespersons regulated pursuant 
 21.8   to chapter 60A; 
 21.9      (xxi) certified interior designers regulated pursuant to 
 21.10  chapter 326; 
 21.11     (xxii) midwives regulated pursuant to chapter 148; 
 21.12     (xxiii) nursing home administrators regulated pursuant to 
 21.13  chapter 144A; 
 21.14     (xxiv) optometrists regulated pursuant to chapter 148; 
 21.15     (xxv) osteopathic physicians regulated pursuant to chapter 
 21.16  147; 
 21.17     (xxvi) pharmacists regulated pursuant to chapter 151; 
 21.18     (xxvii) physical therapists regulated pursuant to chapter 
 21.19  148; 
 21.20     (xxviii) physician assistants regulated pursuant to chapter 
 21.21  147A; 
 21.22     (xxix) physicians and surgeons regulated pursuant to 
 21.23  chapter 147; 
 21.24     (xxx) plumbers regulated pursuant to chapter 326; 
 21.25     (xxxi) podiatrists regulated pursuant to chapter 153; 
 21.26     (xxxii) practical nurses regulated pursuant to chapter 148; 
 21.27     (xxxiii) professional fund raisers regulated pursuant to 
 21.28  chapter 309; 
 21.29     (xxxiv) psychologists regulated pursuant to chapter 148; 
 21.30     (xxxv) real estate brokers, salespersons, and others 
 21.31  regulated pursuant to chapters 82 and 83; 
 21.32     (xxxvi) registered nurses regulated pursuant to chapter 
 21.33  148; 
 21.34     (xxxvii) securities brokers, dealers, agents, and 
 21.35  investment advisers regulated pursuant to chapter 80A; 
 21.36     (xxxviii) steamfitters regulated pursuant to chapter 326; 
 22.1      (xxxix) teachers and supervisory and support personnel 
 22.2   regulated pursuant to chapter 125; 
 22.3      (xl) veterinarians regulated pursuant to chapter 156; 
 22.4      (xli) water conditioning contractors and installers 
 22.5   regulated pursuant to chapter 326; 
 22.6      (xlii) water well contractors regulated pursuant to chapter 
 22.7   103I; 
 22.8      (xliii) water and waste treatment operators regulated 
 22.9   pursuant to chapter 115; 
 22.10     (xliv) motor carriers regulated pursuant to chapter 221; 
 22.11     (xlv) professional corporations regulated pursuant to 
 22.12  chapter 319A or professional firms regulated under chapter 319B; 
 22.13     (xlvi) real estate appraisers regulated pursuant to chapter 
 22.14  82B; 
 22.15     (xlvii) residential building contractors, residential 
 22.16  remodelers, residential roofers, manufactured home installers, 
 22.17  and specialty contractors regulated pursuant to chapter 326; 
 22.18     (4) any driver's license required pursuant to chapter 171; 
 22.19     (5) any aircraft license required pursuant to chapter 360; 
 22.20     (6) any watercraft license required pursuant to chapter 
 22.21  86B; 
 22.22     (7) any license, permit, registration, certification, or 
 22.23  other approval pertaining to a regulatory or management program 
 22.24  related to the protection, conservation, or use of or 
 22.25  interference with the resources of land, air, or water, which is 
 22.26  required to be obtained from a state agency or instrumentality; 
 22.27  and 
 22.28     (8) any pollution control rule or standard established by 
 22.29  the pollution control agency or any health rule or standard 
 22.30  established by the commissioner of health or any licensing rule 
 22.31  or standard established by the commissioner of human services.  
 22.32     Sec. 25.  Minnesota Statutes 1998, section 117.47, is 
 22.33  amended to read: 
 22.34     117.47 [PERMITS; LICENSES.] 
 22.35     The commissioner of natural resources may grant permits and 
 22.36  licenses or leases on and across lands owned by the state to any 
 23.1   corporation or association engaged in or preparing to engage in 
 23.2   the business of mining and beneficiating taconite as defined in 
 23.3   section 298.23 298.001, subdivision 4, or semitaconite as 
 23.4   defined in section 298.34, for the purpose of providing the 
 23.5   corporation or association necessary easements, rights of way 
 23.6   and surface rights over, through and across such lands for the 
 23.7   erection and maintenance of pipe lines, pole lines, conduits, 
 23.8   sluiceways, roads, railroads and tramways.  The commissioner may 
 23.9   grant permits and licenses or leases for flowage rights, rights 
 23.10  to transport crude ore, concentrates or waste materials over 
 23.11  such state-owned lands, and may lease state-owned lands for the 
 23.12  depositing of stripping, lean ores, tailings, or waste products 
 23.13  of such business.  Such permits, licenses or leases, may also 
 23.14  authorize the use of state-owned lands by such corporation or 
 23.15  association for plants and other buildings necessary to the 
 23.16  proper carrying on of such business and may grant water rights 
 23.17  and other rights requisite to the construction of wharves, 
 23.18  piers, breakwaters, or similar facilities necessary to the 
 23.19  carrying on of such business or the shipment of the products 
 23.20  thereof.  The commissioner may also license the flooding of 
 23.21  state lands in connection with any permit or authorization for 
 23.22  the use of public waters issued by the legislature or issued by 
 23.23  the commissioner pursuant to law. Such permits, licenses, and 
 23.24  leases shall be upon such conditions and for such consideration 
 23.25  and for such period of time as the commissioner may determine.  
 23.26  The county auditor, with the approval of the county board, is 
 23.27  authorized to grant permits, licenses and leases for all such 
 23.28  purposes across tax-forfeited lands not held by the state free 
 23.29  from any trust in favor of any and all taxing districts, upon 
 23.30  such conditions and for such consideration and for such period 
 23.31  of time as the county board may determine.  Any proceeds from 
 23.32  the granting of such permits, licenses or leases shall be 
 23.33  apportioned and distributed as other proceeds from the sale or 
 23.34  rental of tax-forfeited lands. 
 23.35     Sec. 26.  Minnesota Statutes 1998, section 119A.03, 
 23.36  subdivision 2, is amended to read: 
 24.1      Subd. 2.  [DUTIES OF THE COMMISSIONER.] The commissioner 
 24.2   shall:  
 24.3      (1) identify measurable outcomes by which programs 
 24.4   administered by the department will be evaluated at the state 
 24.5   and local level; 
 24.6      (2) develop linkages with other state departments to ensure 
 24.7   coordination and consistent state policies promoting healthy 
 24.8   development of children and families; 
 24.9      (3) prepare, in consultation with the children's cabinet, 
 24.10  the commission on children, youth, and their families, and 
 24.11  affected parties, prior to January 1, 1996, and prior to July 1 
 24.12  of each year thereafter, guidelines governing planning, 
 24.13  reporting, and other procedural requirements necessary to 
 24.14  administer this chapter; 
 24.15     (4) facilitate inclusive processes when designing or 
 24.16  implementing guidelines and strategies to achieve agency goals 
 24.17  for children and families listed in section 119A.01, subdivision 
 24.18  3; 
 24.19     (5) facilitate intergovernmental and public-private 
 24.20  partnership strategies necessary to implement this chapter; 
 24.21     (6) submit to the federal government, or provide assistance 
 24.22  to local governments and organizations in submitting, where 
 24.23  appropriate and feasible, requests for federal waivers or 
 24.24  recommendations for changes in federal law necessary to carry 
 24.25  out the purposes of this chapter; 
 24.26     (7) coordinate review of all plans and other documents 
 24.27  required under the guidelines provided for in clause (3); 
 24.28     (8) coordinate development of the management support system 
 24.29  components required for implementation of this chapter; 
 24.30     (9) review other programs serving children and families to 
 24.31  determine the feasibility for transfer to the department of 
 24.32  children, families, and learning or the feasibility of inclusion 
 24.33  in the funding consolidation process; and 
 24.34     (10) monitor local compliance with this chapter. 
 24.35     Sec. 27.  Minnesota Statutes 1998, section 119A.26, 
 24.36  subdivision 2, is amended to read: 
 25.1      Subd. 2.  [DUTIES.] (a) The assistant commissioner shall: 
 25.2      (1) gather, develop, and make available throughout the 
 25.3   state information and educational materials on preventing and 
 25.4   reducing violence in the family and in the community, both 
 25.5   directly and by serving as a clearinghouse for information and 
 25.6   educational materials from schools, state and local agencies, 
 25.7   community service providers, and local organizations; 
 25.8      (2) foster collaboration among schools, state and local 
 25.9   agencies, community service providers, and local organizations 
 25.10  that assist in violence intervention or prevention; 
 25.11     (3) assist schools, state and local agencies, service 
 25.12  providers, and organizations, on request, with training and 
 25.13  other programs designed to educate individuals about violence 
 25.14  and reinforce values that contribute to ending violence; 
 25.15     (4) after consulting with all state agencies involved in 
 25.16  preventing or reducing violence within the family or community, 
 25.17  develop a statewide strategy for preventing and reducing 
 25.18  violence that encompasses the efforts of those agencies and 
 25.19  takes into account all money available for preventing or 
 25.20  reducing violence from any source; 
 25.21     (5) submit the strategy to the governor by January 15 of 
 25.22  each calendar year, along with a summary of activities occurring 
 25.23  during the previous year to prevent or reduce violence 
 25.24  experienced by children, young people, and their families; and 
 25.25     (6) assist appropriate professional and occupational 
 25.26  organizations, including organizations of law enforcement 
 25.27  officers, prosecutors, and educators, in developing and 
 25.28  operating informational and training programs to improve the 
 25.29  effectiveness of activities to prevent or reduce violence within 
 25.30  the family or community. 
 25.31     (b) The assistant commissioner shall gather and make 
 25.32  available information on prevention and supply reduction 
 25.33  activities throughout the state, foster cooperation among 
 25.34  involved state and local agencies, and assist agencies and 
 25.35  public officials in training and other programs designed to 
 25.36  improve the effectiveness of prevention and supply reduction 
 26.1   activities. 
 26.2      (c) The assistant commissioner shall coordinate the 
 26.3   distribution of funds received by the state of Minnesota through 
 26.4   the federal Anti-Drug Abuse Act.  The assistant commissioner 
 26.5   shall recommend to the commissioner recipients of grants under 
 26.6   sections 119A.30 and section 299A.33, after consultation with 
 26.7   the chemical abuse prevention resource council. 
 26.8      (d) The assistant commissioner shall: 
 26.9      (1) after consultation with all state agencies involved in 
 26.10  prevention or supply reduction activities, develop a state 
 26.11  chemical abuse and dependency strategy encompassing the efforts 
 26.12  of those agencies and taking into account all money available 
 26.13  for prevention and supply reduction activities, from any source; 
 26.14     (2) submit the strategy to the governor by January 15 of 
 26.15  each year, along with a summary of prevention and supply 
 26.16  reduction activities during the preceding calendar year; 
 26.17     (3) assist appropriate professional and occupational 
 26.18  organizations, including organizations of law enforcement 
 26.19  officers, prosecutors, and educators, in developing and 
 26.20  operating informational and training programs to improve the 
 26.21  effectiveness of prevention and supply reduction activities; 
 26.22     (4) provide information, including information on drug 
 26.23  trends, and assistance to state and local agencies, both 
 26.24  directly and by functioning as a clearinghouse for information 
 26.25  from other agencies; 
 26.26     (5) facilitate cooperation among drug program agencies; and 
 26.27     (6) in coordination with the chemical abuse prevention 
 26.28  resource council, review, approve, and coordinate the 
 26.29  administration of prevention, criminal justice, and treatment 
 26.30  grants. 
 26.31     Sec. 28.  Minnesota Statutes 1998, section 119A.45, is 
 26.32  amended to read: 
 26.33     119A.45 [EARLY CHILDHOOD LEARNING AND CHILD PROTECTION 
 26.34  FACILITIES.] 
 26.35     The commissioner may make grants to state agencies and 
 26.36  political subdivisions to construct or rehabilitate facilities 
 27.1   for Head Start, early childhood and family education programs, 
 27.2   other early childhood intervention programs, or demonstration 
 27.3   family service centers housing multiagency collaboratives, with 
 27.4   priority to centers in counties or municipalities with the 
 27.5   highest number percentage of children living in poverty.  The 
 27.6   commissioner may also make grants to state agencies and 
 27.7   political subdivisions to construct or rehabilitate facilities 
 27.8   for crisis nurseries or child visitation centers.  The 
 27.9   facilities must be owned by the state or a political 
 27.10  subdivision, but may be leased under section 16A.695 to 
 27.11  organizations that operate the programs.  The commissioner must 
 27.12  prescribe the terms and conditions of the leases.  A grant for 
 27.13  an individual facility must not exceed $200,000 for each program 
 27.14  that is housed in the facility, up to a maximum of $500,000 for 
 27.15  a facility that houses three programs or more.  The commissioner 
 27.16  must give priority to grants that involve collaboration among 
 27.17  sponsors of programs under this section and may give priority to 
 27.18  projects that collaborate with child care providers, including 
 27.19  all-day and school-age child care programs, special needs care, 
 27.20  sick child care, and nontraditional hour care.  The commissioner 
 27.21  may give priority to grants for programs that will increase 
 27.22  their child care workers' wages as a result of the grant.  At 
 27.23  least 25 percent of the amounts appropriated for these 
 27.24  grants must be used in conjunction with the youth employment and 
 27.25  training programs operated by the commissioner of economic 
 27.26  security up to $50,000 must utilize youthbuild under sections 
 27.27  268.361 to 268.366 or other youth employment and training 
 27.28  programs for the labor portion of the construction.  Eligible 
 27.29  programs must consult with appropriate labor organizations to 
 27.30  deliver education and training.  State appropriations must be 
 27.31  matched on a 50 percent basis with nonstate funds.  The matching 
 27.32  requirement must apply programwide and not to individual grants. 
 27.33     Sec. 29.  Minnesota Statutes 1998, section 119A.46, 
 27.34  subdivision 4, is amended to read: 
 27.35     Subd. 4.  [LEAD CONTRACTORS SUPERVISOR OR CERTIFIED FIRM.] 
 27.36  (a) Eligible organizations and lead contractors supervisors or 
 28.1   certified firms may participate in the swab team program.  An 
 28.2   eligible organization receiving a grant under this section must 
 28.3   assure that all participating lead contractors supervisors or 
 28.4   certified firms are licensed and that all swab team workers are 
 28.5   certified by the department of health under section 144.9505.  
 28.6   Eligible organizations and lead contractors supervisors or 
 28.7   certified firms may distinguish between interior and exterior 
 28.8   services in assigning duties and may participate in the program 
 28.9   by: 
 28.10     (1) providing on-the-job training for swab team workers; 
 28.11     (2) providing swab team services to meet the requirements 
 28.12  of sections 144.9503, subdivision 4, and 144.9504, subdivision 
 28.13  6; 
 28.14     (3) providing a removal and replacement component using 
 28.15  skilled craft workers under subdivision 7; 
 28.16     (4) providing lead testing according to subdivision 8; 
 28.17     (5) providing lead dust cleaning supplies, as described in 
 28.18  section 144.9503 144.9507, subdivision 5 4, 
 28.19  paragraph (b) (c), to residents; or 
 28.20     (6) having a swab team worker instruct residents and 
 28.21  property owners on appropriate lead control techniques, 
 28.22  including the lead-safe directives developed by the commissioner 
 28.23  of health.  
 28.24     (b) Participating lead contractors supervisors or certified 
 28.25  firms must: 
 28.26     (1) demonstrate proof of workers' compensation and general 
 28.27  liability insurance coverage; 
 28.28     (2) be knowledgeable about lead abatement requirements 
 28.29  established by the Department of Housing and Urban Development 
 28.30  and the Occupational Safety and Health Administration and lead 
 28.31  hazard reduction requirements and lead-safe directives of the 
 28.32  commissioner of health; 
 28.33     (3) demonstrate experience with on-the-job training 
 28.34  programs; 
 28.35     (4) demonstrate an ability to recruit employees from areas 
 28.36  at high risk for toxic lead exposure; and 
 29.1      (5) demonstrate experience in working with low-income 
 29.2   clients. 
 29.3      Sec. 30.  Minnesota Statutes 1998, section 119A.51, 
 29.4   subdivision 1, is amended to read: 
 29.5      Subdivision 1.  [SCOPE.] As used in sections 119A.52 to 
 29.6   119A.54 and 119A.53, the terms defined in this section have the 
 29.7   meanings given them. 
 29.8      Sec. 31.  Minnesota Statutes 1998, section 119B.05, 
 29.9   subdivision 1, is amended to read: 
 29.10     Subdivision 1.  [ELIGIBLE RECIPIENTS.] Families eligible 
 29.11  for child care assistance under the AFDC child care program are: 
 29.12     (1) persons receiving services under sections 256.031 to 
 29.13  256.0361 and 256.047 to 256.048; 
 29.14     (2) AFDC recipients who are employed or in job search and 
 29.15  meet the requirements of section 119B.10; 
 29.16     (3) persons who are members of transition year families 
 29.17  under section 119B.01, subdivision 16; 
 29.18     (4) members of the control group for the STRIDE evaluation 
 29.19  conducted by the Manpower Demonstration Research Corporation; 
 29.20     (5) AFDC caretakers who are participating in the STRIDE and 
 29.21  non-STRIDE AFDC child care program; 
 29.22     (6) families who are participating in employment 
 29.23  orientation or job search, or other employment or training 
 29.24  activities that are included in an approved employability 
 29.25  development plan under chapter 256K; and 
 29.26     (7) MFIP-S families who are participating in work 
 29.27  activities as required in their job search support or employment 
 29.28  plan, or in appeals, hearings, assessments, or orientations 
 29.29  according to chapter 256J.  Child care assistance to support 
 29.30  work activities as described in section 256J.49 must be 
 29.31  available according to sections 119A.54, 119B.01, subdivision 8, 
 29.32  124D.13, 256E.08, and 611A.32 and titles IVA, IVB, IVE, and XX 
 29.33  of the Social Security Act. 
 29.34     Sec. 32.  Minnesota Statutes 1998, section 123B.57, 
 29.35  subdivision 6, is amended to read: 
 29.36     Subd. 6.  [USES OF HEALTH AND SAFETY REVENUE.] Health and 
 30.1   safety revenue may be used only for approved expenditures 
 30.2   necessary to correct fire safety hazards, life safety hazards, 
 30.3   or for the removal or encapsulation of asbestos from school 
 30.4   buildings or property, asbestos-related repairs, cleanup and 
 30.5   disposal of polychlorinated biphenyls found in school buildings 
 30.6   or property, or the cleanup, removal, disposal, and repairs 
 30.7   related to storing heating fuel or transportation fuels such as 
 30.8   alcohol, gasoline, fuel oil, and special fuel, as defined in 
 30.9   section 296.01 296A.01, labor and industry regulated facility 
 30.10  and equipment hazards, and health, safety, and environmental 
 30.11  management.  Health and safety revenue must not be used for the 
 30.12  construction of new facilities or the purchase of portable 
 30.13  classrooms.  The revenue may not be used for a building or 
 30.14  property or part of a building or property used for 
 30.15  post-secondary instruction or administration or for a purpose 
 30.16  unrelated to elementary and secondary education. 
 30.17     Sec. 33.  Minnesota Statutes 1998, section 126C.21, 
 30.18  subdivision 4, is amended to read: 
 30.19     Subd. 4.  [TACONITE DEDUCTIONS.] (1) Notwithstanding any 
 30.20  provisions of any other law to the contrary, the adjusted net 
 30.21  tax capacity used in calculating general education aid may 
 30.22  include only that property that is currently taxable in the 
 30.23  district.  
 30.24     (2) For districts that received payments under sections 
 30.25  298.018; 298.23 298.24 to 298.28; 298.34 to 298.39; 298.391 to 
 30.26  298.396; and 298.405; any law imposing a tax upon severed 
 30.27  mineral values, or recognized revenue pursuant to section 
 30.28  477A.15; the general education aid must be reduced in the final 
 30.29  adjustment payment by the difference between the dollar amount 
 30.30  of the payments received pursuant to those sections, or revenue 
 30.31  recognized pursuant to section 477A.15 in the fiscal year to 
 30.32  which the final adjustment is attributable and the amount that 
 30.33  was calculated, pursuant to section 126C.48, subdivision 8, as a 
 30.34  reduction of the levy attributable to the fiscal year to which 
 30.35  the final adjustment is attributable.  If the final adjustment 
 30.36  of a district's general education aid for a fiscal year is a 
 31.1   negative amount because of this clause, the next fiscal year's 
 31.2   general education aid to that district must be reduced by this 
 31.3   negative amount in the following manner:  there must be withheld 
 31.4   from each scheduled general education aid payment due the 
 31.5   district in such fiscal year, 15 percent of the total negative 
 31.6   amount, until the total negative amount has been withheld.  The 
 31.7   amount reduced from general education aid pursuant to this 
 31.8   clause must be recognized as revenue in the fiscal year to which 
 31.9   the final adjustment payment is attributable. 
 31.10     Sec. 34.  Minnesota Statutes 1998, section 126C.48, 
 31.11  subdivision 8, is amended to read: 
 31.12     Subd. 8.  [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1) 
 31.13  Reductions in levies pursuant to sections 126C.48, subdivision 
 31.14  1, and 273.138, must be made prior to the reductions in clause 
 31.15  (2). 
 31.16     (2) Notwithstanding any other law to the contrary, 
 31.17  districts which received payments pursuant to sections 298.018; 
 31.18  298.23 298.24 to 298.28, except an amount distributed under 
 31.19  section 298.28, subdivision 4, paragraph (c), clause (ii); 
 31.20  298.34 to 298.39; 298.391 to 298.396; 298.405; and any law 
 31.21  imposing a tax upon severed mineral values, or recognized 
 31.22  revenue pursuant to section 477A.15; must not include a portion 
 31.23  of these aids in their permissible levies pursuant to those 
 31.24  sections, but instead must reduce the permissible levies 
 31.25  authorized by this chapter and chapters 120B, 122A, 123A, 123B, 
 31.26  124A, 124D, 125A, and 127A by the greater of the following: 
 31.27     (a) an amount equal to 50 percent of the total dollar 
 31.28  amount of the payments received pursuant to those sections or 
 31.29  revenue recognized pursuant to section 477A.15 in the previous 
 31.30  fiscal year; or 
 31.31     (b) an amount equal to the total dollar amount of the 
 31.32  payments received pursuant to those sections or revenue 
 31.33  recognized pursuant to section 477A.15 in the previous fiscal 
 31.34  year less the product of the same dollar amount of payments or 
 31.35  revenue times five percent. 
 31.36     (3) No reduction pursuant to this subdivision shall reduce 
 32.1   the levy made by the district pursuant to section 126C.13, to an 
 32.2   amount less than the amount raised by a levy of a net tax rate 
 32.3   of 6.82 percent times the adjusted net tax capacity for taxes 
 32.4   payable in 1990 and thereafter of that district for the 
 32.5   preceding year as determined by the commissioner.  The amount of 
 32.6   any increased levy authorized by referendum pursuant to section 
 32.7   126C.17, subdivision 9, shall not be reduced pursuant to this 
 32.8   subdivision.  The amount of any levy authorized by section 
 32.9   126C.43, to make payments for bonds issued and for interest 
 32.10  thereon, shall not be reduced pursuant to this subdivision.  
 32.11     (4) Before computing the reduction pursuant to this 
 32.12  subdivision of the health and safety levy authorized by sections 
 32.13  123B.57 and 126C.40, subdivision 5, the commissioner shall 
 32.14  ascertain from each affected school district the amount it 
 32.15  proposes to levy under each section or subdivision.  The 
 32.16  reduction shall be computed on the basis of the amount so 
 32.17  ascertained. 
 32.18     (5) Notwithstanding any law to the contrary, any amounts 
 32.19  received by districts in any fiscal year pursuant to sections 
 32.20  298.018; 298.23 298.24 to 298.28; 298.34 to 298.39; 298.391 to 
 32.21  298.396; 298.405; or any law imposing a tax on severed mineral 
 32.22  values; and not deducted from general education aid pursuant to 
 32.23  section 126C.21, subdivision 4, clause (2), and not applied to 
 32.24  reduce levies pursuant to this subdivision shall be paid by the 
 32.25  district to the St. Louis county auditor in the following amount 
 32.26  by March 15 of each year, the amount required to be subtracted 
 32.27  from the previous fiscal year's general education aid pursuant 
 32.28  to section 126C.21, subdivision 4, which is in excess of the 
 32.29  general education aid earned for that fiscal year.  The county 
 32.30  auditor shall deposit any amounts received pursuant to this 
 32.31  clause in the St. Louis county treasury for purposes of paying 
 32.32  the taconite homestead credit as provided in section 273.135. 
 32.33     Sec. 35.  Minnesota Statutes 1998, section 136F.47, is 
 32.34  amended to read: 
 32.35     136F.47 [PENSION PLAN.] 
 32.36     Effective July 1, 1995, The board shall assume the 
 33.1   administrative responsibility for the individual retirement 
 33.2   account plans in chapter chapters 354B and 354C formerly 
 33.3   administered separately by the state university board and the 
 33.4   community college board.  The separate plans and the former plan 
 33.5   administration must be merged into a single individual 
 33.6   retirement account plan and plan administration covering 
 33.7   eligible employees of the board, eligible employees of system 
 33.8   institutions, and other eligible employee groups who are covered 
 33.9   by the plan under section 354B.01 354B.21. 
 33.10     Sec. 36.  Minnesota Statutes 1998, section 156.11, is 
 33.11  amended to read: 
 33.12     156.11 [CORPORATIONS NOT TO PRACTICE.] 
 33.13     It shall be unlawful in the state of Minnesota for any 
 33.14  corporation, other than one organized pursuant to chapter 319A 
 33.15  or 319B, to practice veterinary medicine, or to hold itself out 
 33.16  or advertise itself in any way as being entitled to practice 
 33.17  veterinary medicine, or to receive the fees, or portions of 
 33.18  fees, or gifts or other emoluments or benefits derived from the 
 33.19  practice of veterinary medicine, or the performance of 
 33.20  veterinary services by any person, whether such person be 
 33.21  licensed to practice veterinary medicine or not.  Any 
 33.22  corporation violating the provisions of this section shall be 
 33.23  guilty of a gross misdemeanor and fined not more than $3,000 for 
 33.24  each offense, and each day that this chapter is violated shall 
 33.25  be considered a separate offense. 
 33.26     Sec. 37.  Minnesota Statutes 1998, section 168.022, 
 33.27  subdivision 4, is amended to read: 
 33.28     Subd. 4.  [PAYMENT OUT OF HIGHWAY USER FUND.] Payment of 
 33.29  any refund pursuant to this section shall be made out of the 
 33.30  highway user tax distribution fund and the amounts necessary to 
 33.31  pay the refunds are appropriated out of the highway user that 
 33.32  fund. 
 33.33     Sec. 38.  Minnesota Statutes 1998, section 169.1217, 
 33.34  subdivision 7a, is amended to read: 
 33.35     Subd. 7a.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 
 33.36  motor vehicle used to commit a designated offense or used in 
 34.1   conduct resulting in a designated license revocation is subject 
 34.2   to administrative forfeiture under this subdivision. 
 34.3      (b) When a motor vehicle is seized under subdivision 2, the 
 34.4   appropriate agency shall serve the driver or operator of the 
 34.5   vehicle with a notice of the seizure and intent to forfeit the 
 34.6   vehicle.  Additionally, when a motor vehicle is seized under 
 34.7   subdivision 2, or within a reasonable time after that, all 
 34.8   persons known to have an ownership or possessory interest in the 
 34.9   vehicle must be notified of the seizure and the intent to 
 34.10  forfeit the vehicle.  Notice mailed by certified mail to the 
 34.11  address shown in department of public safety records is 
 34.12  sufficient notice to the registered owner of the vehicle.  
 34.13  Otherwise, notice may be given in the manner provided by law for 
 34.14  service of a summons in a civil action. 
 34.15     (c) The notice must be in writing and contain:  
 34.16     (1) a description of the vehicle seized; 
 34.17     (2) the date of seizure; and 
 34.18     (3) notice of the right to obtain judicial review of the 
 34.19  forfeiture and of the procedure for obtaining that judicial 
 34.20  review, printed in English, Hmong, and Spanish.  Substantially 
 34.21  the following language must appear conspicuously:  "IF YOU DO 
 34.22  NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
 34.23  STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT 
 34.24  TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
 34.25  RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.  YOU MAY NOT 
 34.26  HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
 34.27  UNABLE TO AFFORD THE FEE.  YOU DO NOT HAVE TO PAY THE FILING FEE 
 34.28  IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM 
 34.29  IN CONCILIATION COURT." 
 34.30     (d) Within 30 days following service of a notice of seizure 
 34.31  and forfeiture under this subdivision, a claimant may file a 
 34.32  demand for a judicial determination of the forfeiture.  The 
 34.33  demand must be in the form of a civil complaint and must be 
 34.34  filed with the court administrator in the county in which the 
 34.35  seizure occurred, together with proof of service of a copy of 
 34.36  the complaint on the prosecuting authority having jurisdiction 
 35.1   over the forfeiture, and the standard filing fee for civil 
 35.2   actions unless the petitioner has the right to sue in forma 
 35.3   pauperis under section 563.01.  If the value of the seized 
 35.4   property is less than $500, the claimant may file an action in 
 35.5   conciliation court for recovery of the seized vehicle without 
 35.6   paying the conciliation court filing fee.  No responsive 
 35.7   pleading is required of the prosecuting authority and no court 
 35.8   fees may be charged for the prosecuting authority's appearance 
 35.9   in the matter.  Except as provided in this section, judicial 
 35.10  reviews and hearings are governed by section 169.123, 
 35.11  subdivisions 5c and 6, and shall take place at the same time as 
 35.12  any judicial review of the person's license revocation under 
 35.13  section 169.123.  The proceedings may be combined with any 
 35.14  hearing on a petition filed under section 169.123, subdivision 
 35.15  5c, and are governed by the rules of civil procedure.  
 35.16     (e) The complaint must be captioned in the name of the 
 35.17  claimant as plaintiff and the seized vehicle as defendant, and 
 35.18  must state with specificity the grounds on which the claimant 
 35.19  alleges the vehicle was improperly seized and the plaintiff's 
 35.20  interest in the vehicle seized.  Notwithstanding any law to the 
 35.21  contrary, an action for the return of a vehicle seized under 
 35.22  this section may not be maintained by or on behalf of any person 
 35.23  who has been served with a notice of seizure and forfeiture 
 35.24  unless the person has complied with this subdivision. 
 35.25     (f) If the claimant makes a timely demand for a judicial 
 35.26  determination under this subdivision, the appropriate agency 
 35.27  must conduct the forfeiture under subdivision 8. 
 35.28     (g) If a demand for judicial determination of an 
 35.29  administrative forfeiture is filed under this subdivision and 
 35.30  the court orders the return of the seized vehicle, the court 
 35.31  shall order that filing fees be reimbursed to the person who 
 35.32  filed the demand.  In addition, the court may order the payment 
 35.33  of reasonable costs, expenses, and attorney fees sanctions under 
 35.34  section 549.21, subdivision 2 549.211. 
 35.35     Sec. 39.  Minnesota Statutes 1998, section 169.129, 
 35.36  subdivision 2, is amended to read: 
 36.1      Subd. 2.  [PENALTIES.] (a) Except as otherwise provided in 
 36.2   paragraph (b), a person who violates subdivision 1 is guilty of 
 36.3   a gross misdemeanor. 
 36.4      (b) A person is guilty of an enhanced gross misdemeanor and 
 36.5   may be sentenced to imprisonment in a local correctional 
 36.6   facility for not more than two years or to payment of a fine of 
 36.7   not more than $3,000, or both, if the person violates 
 36.8   subdivision 1 and the person's driver's license or driving 
 36.9   privilege has been suspended, revoked, canceled, denied, or 
 36.10  disqualified two or more times within the past ten years under 
 36.11  any of the statutes listed in subdivision 1.  A person convicted 
 36.12  of an enhanced gross misdemeanor under this paragraph is subject 
 36.13  to the applicable mandatory penalties provided in section 
 36.14  169.121, subdivision 3d 3e. 
 36.15     Sec. 40.  Minnesota Statutes 1998, section 171.061, 
 36.16  subdivision 1, is amended to read: 
 36.17     Subdivision 1.  [DEFINITIONS.] For purposes of this section:
 36.18     (1) "applicant" means an individual applying for a driver's 
 36.19  license, provisional license, restricted license, duplicate 
 36.20  license, instruction permit, Minnesota identification card, or 
 36.21  motorized bicycle operator's permit; and 
 36.22     (2) "application" refers to an application for a driver's 
 36.23  license, provisional license, restricted license, duplicate 
 36.24  license, instruction permit, Minnesota identification card, or 
 36.25  motorized bicycle operator's permit. 
 36.26     Sec. 41.  Minnesota Statutes 1998, section 171.07, 
 36.27  subdivision 10, is amended to read: 
 36.28     Subd. 10.  [AGREEMENT WITH OTHER AGENCY.] The commissioner 
 36.29  of public safety is authorized to enter into agreements with 
 36.30  other agencies to issue cards to clients of those agencies for 
 36.31  use in their programs.  The cards may be issued to persons who 
 36.32  do not qualify for a Minnesota driver's license or do not 
 36.33  provide evidence of name and identity as required by rule for a 
 36.34  Minnesota identification card.  Persons issued cards under this 
 36.35  subdivision will meet the identification verification 
 36.36  requirements of the contracting agency. 
 37.1      The interagency agreement may include provisions for the 
 37.2   payment of the county fee provided in section 171.06 171.061, 
 37.3   subdivision 4, and the actual cost to manufacture the card. 
 37.4      Cards issued under this subdivision are not Minnesota 
 37.5   identification cards for the purposes defined in sections 
 37.6   48.512, 201.061, 201.161, 332.50, and 340A.503. 
 37.7      Sec. 42.  Minnesota Statutes 1998, section 174.06, 
 37.8   subdivision 1, is amended to read: 
 37.9      Subdivision 1.  [DEPARTMENT OF HIGHWAYS.] All powers, 
 37.10  duties and functions heretofore vested in or imposed on the 
 37.11  commissioner of highways or the department of highways by 
 37.12  chapters 160, 161, 162, 163, 164, 165, 167, 169, 173, or 
 37.13  sections 473.404 473.405 to 473.449 or any other law relating to 
 37.14  the duties and powers of the commissioner of highways are 
 37.15  transferred to, vested in, and imposed on the commissioner of 
 37.16  transportation.  The position of the commissioner of highways 
 37.17  and the department of highways as heretofore constituted are 
 37.18  abolished. 
 37.19     Sec. 43.  Minnesota Statutes 1998, section 179.12, is 
 37.20  amended to read: 
 37.21     179.12 [EMPLOYERS' UNFAIR LABOR PRACTICES.] 
 37.22     It is an unfair labor practice for an employer: 
 37.23     (1) to institute a lockout of its employees in violation of 
 37.24  a valid collective bargaining agreement between the employer and 
 37.25  its employees or labor organization if the employees at the time 
 37.26  are in good faith complying with the provisions of the 
 37.27  agreement, or to violate the terms and conditions of the 
 37.28  bargaining agreement; 
 37.29     (2) to institute a lockout of its employees in violation of 
 37.30  section 179.06 or 179.07; 
 37.31     (3) to encourage or discourage membership in a labor 
 37.32  organization by discrimination in regard to hire or tenure of 
 37.33  employment or any terms or conditions of employment; provided, 
 37.34  that this clause does not apply to the provisions of collective 
 37.35  bargaining agreements entered into voluntarily by an employer 
 37.36  and its employees or a labor organization representing the 
 38.1   employees as a bargaining agent, as provided by section 179.16; 
 38.2      (4) to discharge or otherwise to discriminate against an 
 38.3   employee because the employee has signed or filed an affidavit, 
 38.4   petition, or complaint or given information or testimony under 
 38.5   this chapter; 
 38.6      (5) to spy directly or through agents or any other persons 
 38.7   upon activities of employees or their representatives in the 
 38.8   exercise of their legal rights; 
 38.9      (6) to distribute or circulate a blacklist of individuals 
 38.10  exercising a legal right or of members of a labor organization 
 38.11  for the purpose of preventing individuals who are blacklisted 
 38.12  from obtaining or retaining employment; 
 38.13     (7) to engage or contract for the services of a person who 
 38.14  is an employee of another if the employee is paid a wage that is 
 38.15  less than the wage to be paid by the engaging or contracting 
 38.16  employer under an existing union contract for work of the same 
 38.17  grade or classification; 
 38.18     (8) willfully and knowingly to utilize a professional 
 38.19  strikebreaker to replace an employee or employees involved in a 
 38.20  strike or lockout at a place of business located within this 
 38.21  state; or 
 38.22     (9) to grant or offer to grant the status of permanent 
 38.23  replacement employee to a person for performing bargaining unit 
 38.24  work for an employer during a lockout of employees in a labor 
 38.25  organization or during a strike of employees in a labor 
 38.26  organization authorized by a representative of employees;. 
 38.27     (10) The violation of clauses clause (2), (4), (5), (6), 
 38.28  (7), (8), and or (9) are is an unlawful acts act.  
 38.29     Sec. 44.  Minnesota Statutes 1998, section 181.58, is 
 38.30  amended to read: 
 38.31     181.58 [SURVIVING SPOUSE PAID WAGES DUE.] 
 38.32     For the purposes of this section the word "employer" 
 38.33  includes every person, firm, partnership, corporation, the state 
 38.34  of Minnesota, all political subdivisions, and all municipal 
 38.35  corporations.  
 38.36     If, at the time of the death of any person, an employer is 
 39.1   indebted to the person for work, labor, or services performed, 
 39.2   and no personal representative of the person's estate has been 
 39.3   appointed, such employer shall, upon the request of the 
 39.4   surviving spouse, forthwith pay this indebtedness, in such an 
 39.5   amount as may be due, not exceeding the sum of $10,000, to the 
 39.6   surviving spouse.  The employer may in the same manner provide 
 39.7   for payment to the surviving spouse of accumulated credits under 
 39.8   the vacation or overtime plan or system maintained by the 
 39.9   employer.  The employer shall require proof of claimant's 
 39.10  relationship to decedent by affidavit, and require claimant to 
 39.11  acknowledge receipt of such payment in writing.  Any payments 
 39.12  made by the employer pursuant to the provisions of this section 
 39.13  shall operate as a full and complete discharge of the employer's 
 39.14  indebtedness to the extent of the payment, and no employer shall 
 39.15  thereafter be liable therefor to the decedent's estate or the 
 39.16  decedent's personal representative thereafter appointed.  Any 
 39.17  amounts so received by a spouse shall be considered in 
 39.18  diminution of the allowance to the spouse under section 
 39.19  525.15 524.2-403. 
 39.20     Sec. 45.  Minnesota Statutes 1998, section 205A.01, 
 39.21  subdivision 2, is amended to read: 
 39.22     Subd. 2.  [SCHOOL DISTRICT.] "School district" means an 
 39.23  independent or special school district, as defined in section 
 39.24  120.02 120A.05. 
 39.25     Sec. 46.  Minnesota Statutes 1998, section 219.074, 
 39.26  subdivision 2, is amended to read: 
 39.27     Subd. 2.  [CROSSING VACATION PROGRAM.] On or before July 1, 
 39.28  1992, and on or before July 1 of each of the next four years, 
 39.29  and as necessary afterward, the commissioner shall propose to 
 39.30  the board develop a list of grade crossings proposed to be 
 39.31  vacated.  The list must be developed by applying the standards 
 39.32  set forth in the rules adopted under section 219.073.  Grade 
 39.33  crossings that are part of an abandonment, closing, or removal 
 39.34  under section 219.741 may not be included in the list.  The 
 39.35  commissioner shall notify the public officials having the 
 39.36  necessary authority and the railway companies operating the 
 40.1   railroads of the proposed vacations.  Either affected party may 
 40.2   request a hearing.  If requested, the commissioner shall hold a 
 40.3   contested case hearing applying in its determination the rules 
 40.4   developed under section 219.073.  If after the hearing the 
 40.5   commissioner determines that the vacation is consistent with the 
 40.6   standards adopted under section 219.073, it the commissioner may 
 40.7   order the crossing vacated.  If a request for a hearing on a 
 40.8   particular crossing is not received within 30 days of the 
 40.9   publication in the State Register, the commissioner shall order 
 40.10  the crossing vacated. 
 40.11     Sec. 47.  Minnesota Statutes 1998, section 219.39, is 
 40.12  amended to read: 
 40.13     219.39 [DANGEROUS CROSSING; COMPLAINT; HEARING.] 
 40.14     Upon written complaint authorized by the governing body of 
 40.15  a city or county, by the board of supervisors of a town, or by 
 40.16  authorized officers of a subject railroad, alleging that a 
 40.17  railroad crossing a street, road, or highway in the city, town, 
 40.18  or county is dangerous to life and property, and giving the 
 40.19  reasons for the allegations, the commissioner shall investigate 
 40.20  the matters contained in the complaint, and, when necessary, 
 40.21  initiate a hearing before the board. 
 40.22     Sec. 48.  Minnesota Statutes 1998, section 221.034, 
 40.23  subdivision 5, is amended to read: 
 40.24     Subd. 5.  [DISCHARGE EXEMPTIONS.] Except as provided in 
 40.25  subdivision 6, the requirements of subdivision 3 do not apply to 
 40.26  incidents involving the unintentional release of hazardous 
 40.27  materials being transported under the following proper shipping 
 40.28  names:  
 40.29     (1) consumer commodity; 
 40.30     (2) battery, electric storage, wet, filled with acid or 
 40.31  alkali; 
 40.32     (3) paint, enamel, lacquer, stain, shellac or varnish 
 40.33  aluminum, bronze, gold, wood filler, and liquid or lacquer base 
 40.34  liquid when shipped in packagings of five gallons or less; or 
 40.35     (4) materials prepared and transported as a limited 
 40.36  quantity according to Code of Federal Regulations, title 49, 
 41.1   subtitle B, chapter 1, subchapter C. 
 41.2      Sec. 49.  Minnesota Statutes 1998, section 221.036, 
 41.3   subdivision 1, is amended to read: 
 41.4      Subdivision 1.  [ORDER.] The commissioner may issue an 
 41.5   order requiring violations to be corrected and administratively 
 41.6   assessing monetary penalties for a violation of (1) section 
 41.7   221.021; (2) section 221.033, subdivision 2b; (3) section 
 41.8   221.041, subdivision 3; (4) section 221.081; (5) section 
 41.9   221.151; (6) section 221.171; (7) section 221.141; (8) section 
 41.10  221.035, a material term or condition of a license issued under 
 41.11  that section; or rules of the board or commissioner relating to 
 41.12  the transportation of hazardous waste, motor carrier operations, 
 41.13  insurance, or tariffs and accounting.  An order must be issued 
 41.14  as provided in this section. 
 41.15     Sec. 50.  Minnesota Statutes 1998, section 221.036, 
 41.16  subdivision 3, is amended to read: 
 41.17     Subd. 3.  [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The 
 41.18  commissioner may issue an order assessing a penalty of up to 
 41.19  $5,000 for all violations of section 221.021; 221.041, 
 41.20  subdivision 3; 221.081; 221.141; 221.151; or 221.171, or rules 
 41.21  of the board or commissioner relating to motor carrier 
 41.22  operations, insurance, or tariffs and accounting, identified 
 41.23  during a single inspection, audit, or investigation. 
 41.24     (b) The commissioner may issue an order assessing a penalty 
 41.25  up to a maximum of $10,000 for all violations of section 
 41.26  221.033, subdivision 2b, or 221.035, and rules adopted under 
 41.27  those sections that section, identified during a single 
 41.28  inspection or audit. 
 41.29     (c) In determining the amount of a penalty, the 
 41.30  commissioner shall consider: 
 41.31     (1) the willfulness of the violation; 
 41.32     (2) the gravity of the violation, including damage to 
 41.33  humans, animals, air, water, land, or other natural resources of 
 41.34  the state; 
 41.35     (3) the history of past violations, including the 
 41.36  similarity of the most recent violation and the violation to be 
 42.1   penalized, the time elapsed since the last violation, the number 
 42.2   of previous violations, and the response of the person to the 
 42.3   most recent violation identified; 
 42.4      (4) the economic benefit gained by the person by allowing 
 42.5   or committing the violation; and 
 42.6      (5) other factors as justice may require, if the 
 42.7   commissioner specifically identifies the additional factors in 
 42.8   the commissioner's order. 
 42.9      Sec. 51.  Minnesota Statutes 1998, section 239.761, 
 42.10  subdivision 13, is amended to read: 
 42.11     Subd. 13.  [E85.] A blend of ethanol and gasoline, 
 42.12  containing at least 60 percent ethanol and not more than 85 
 42.13  percent ethanol, produced for use as a motor fuel in alternative 
 42.14  fuel vehicles as defined in section 296.01 296A.01, subdivision 
 42.15  5, must comply with ASTM specification D 5798-96. 
 42.16     Sec. 52.  Minnesota Statutes 1998, section 239.761, 
 42.17  subdivision 14, is amended to read: 
 42.18     Subd. 14.  [M85.] A blend of methanol and gasoline, 
 42.19  containing at least 85 percent methanol, produced for use as a 
 42.20  motor fuel in alternative fuel vehicles as defined in section 
 42.21  296.01 296A.01, subdivision 5, must comply with ASTM 
 42.22  specification D 5797-96. 
 42.23     Sec. 53.  Minnesota Statutes 1998, section 245.462, 
 42.24  subdivision 7, is amended to read: 
 42.25     Subd. 7.  [COUNTY BOARD.] "County board" means the county 
 42.26  board of commissioners or board established pursuant to the 
 42.27  Joint Powers Act, section 471.59, or the Human Services board 
 42.28  Act, sections 402.01 to 402.10.  
 42.29     Sec. 54.  Minnesota Statutes 1998, section 245.466, 
 42.30  subdivision 4, is amended to read: 
 42.31     Subd. 4.  [JOINT COUNTY MENTAL HEALTH AGREEMENTS.] In order 
 42.32  to provide efficiently the services required by sections 245.461 
 42.33  to 245.486, counties are encouraged to join with one or more 
 42.34  county boards to establish a multicounty local mental health 
 42.35  authority pursuant to the Joint Powers Act, section 471.59, the 
 42.36  Human Services board Act, sections 402.01 to 402.10, community 
 43.1   mental health center provisions, section 245.62, or enter into 
 43.2   multicounty mental health agreements.  Participating county 
 43.3   boards shall establish acceptable ways of apportioning the cost 
 43.4   of the services. 
 43.5      Sec. 55.  Minnesota Statutes 1998, section 245.4871, 
 43.6   subdivision 9, is amended to read: 
 43.7      Subd. 9.  [COUNTY BOARD.] "County board" means the county 
 43.8   board of commissioners or board established under the Joint 
 43.9   Powers Act, section 471.59, or the Human Services board Act, 
 43.10  sections 402.01 to 402.10. 
 43.11     Sec. 56.  Minnesota Statutes 1998, section 245.4875, 
 43.12  subdivision 4, is amended to read: 
 43.13     Subd. 4.  [JOINT COUNTY MENTAL HEALTH AGREEMENTS.] To 
 43.14  efficiently provide the children's mental health services 
 43.15  required by sections 245.487 to 245.4888, counties are 
 43.16  encouraged to join with one or more county boards to establish a 
 43.17  multicounty local children's mental health authority under the 
 43.18  Joint Powers Act, section 471.59, the Human Services board Act, 
 43.19  sections 402.01 to 402.10, community mental health center 
 43.20  provisions, section 245.62, or enter into multicounty mental 
 43.21  health agreements.  Participating county boards shall establish 
 43.22  acceptable ways of apportioning the cost of the services. 
 43.23     Sec. 57.  Minnesota Statutes 1998, section 256B.0911, 
 43.24  subdivision 7, is amended to read: 
 43.25     Subd. 7.  [REIMBURSEMENT FOR CERTIFIED NURSING FACILITIES.] 
 43.26  (a) Medical assistance reimbursement for nursing facilities 
 43.27  shall be authorized for a medical assistance recipient only if a 
 43.28  preadmission screening has been conducted prior to admission or 
 43.29  the local county agency has authorized an exemption.  Medical 
 43.30  assistance reimbursement for nursing facilities shall not be 
 43.31  provided for any recipient who the local screener has determined 
 43.32  does not meet the level of care criteria for nursing facility 
 43.33  placement or, if indicated, has not had a level II PASARR 
 43.34  evaluation completed unless an admission for a recipient with 
 43.35  mental illness is approved by the local mental health authority 
 43.36  or an admission for a recipient with mental retardation or 
 44.1   related condition is approved by the state mental retardation 
 44.2   authority.  
 44.3      (b) The commissioner shall make a request to the health 
 44.4   care financing administration for a waiver allowing screening 
 44.5   team approval of Medicaid payments for certified nursing 
 44.6   facility care.  An individual has a choice and makes the final 
 44.7   decision between nursing facility placement and community 
 44.8   placement after the screening team's recommendation, except as 
 44.9   provided in paragraphs (b) and (c).  
 44.10     (c) The local county mental health authority or the state 
 44.11  mental retardation authority under Public Law Numbers 100-203 
 44.12  and 101-508 may prohibit admission to a nursing facility, if the 
 44.13  individual does not meet the nursing facility level of care 
 44.14  criteria or needs specialized services as defined in Public Law 
 44.15  Numbers 100-203 and 101-508.  For purposes of this section, 
 44.16  "specialized services" for a person with mental retardation or a 
 44.17  related condition means "active treatment" as that term is 
 44.18  defined in Code of Federal Regulations, title 42, section 
 44.19  483.440(a)(1). 
 44.20     (e) Appeals from the screening team's recommendation or the 
 44.21  county agency's final decision shall be made according to 
 44.22  section 256.045, subdivision 3. 
 44.23     Sec. 58.  Minnesota Statutes 1998, section 256J.45, 
 44.24  subdivision 2, is amended to read: 
 44.25     Subd. 2.  [GENERAL INFORMATION.] The MFIP-S orientation 
 44.26  must consist of a presentation that informs caregivers of: 
 44.27     (1) the necessity to obtain immediate employment; 
 44.28     (2) the work incentives under MFIP-S; 
 44.29     (3) the requirement to comply with the employment plan and 
 44.30  other requirements of the employment and training services 
 44.31  component of MFIP-S, including a description of the range of 
 44.32  work and training activities that are allowable under MFIP-S to 
 44.33  meet the individual needs of participants; 
 44.34     (4) the consequences for failing to comply with the 
 44.35  employment plan and other program requirements, and that the 
 44.36  county agency may not impose a sanction when failure to comply 
 45.1   is due to the unavailability of child care or other 
 45.2   circumstances where the participant has good cause under 
 45.3   subdivision 3; 
 45.4      (5) the rights, responsibilities, and obligations of 
 45.5   participants; 
 45.6      (6) the types and locations of child care services 
 45.7   available through the county agency; 
 45.8      (7) the availability and the benefits of the early 
 45.9   childhood health and developmental screening under sections 
 45.10  121A.16 to 121A.19; 123B.02, subdivision 16; and 123B.10; and 
 45.11  126.65.; 
 45.12     (8) the caregiver's eligibility for transition year child 
 45.13  care assistance under section 119B.05; 
 45.14     (9) the caregiver's eligibility for extended medical 
 45.15  assistance when the caregiver loses eligibility for MFIP-S due 
 45.16  to increased earnings or increased child or spousal support; 
 45.17     (10) the caregiver's option to choose an employment and 
 45.18  training provider and information about each provider, including 
 45.19  but not limited to, services offered, program components, job 
 45.20  placement rates, job placement wages, and job retention rates; 
 45.21     (11) the caregiver's option to request approval of an 
 45.22  education and training plan according to section 256J.52; and 
 45.23     (12) the work study programs available under the higher 
 45.24  education system. 
 45.25     Sec. 59.  Minnesota Statutes 1998, section 257.45, is 
 45.26  amended to read: 
 45.27     257.45 [REQUIREMENTS FOR VISITATION; SUPERVISION.] 
 45.28     Any requirements for visitation, inspection or supervision 
 45.29  of children, homes, institutions or other agencies in another 
 45.30  party state which may apply under section 257.07 257.071 shall 
 45.31  be deemed to be met if performed pursuant to an agreement 
 45.32  entered into by appropriate officers or agencies of this state 
 45.33  or a subdivision thereof as contemplated by paragraph (b) of 
 45.34  article 5 of the Interstate Compact on the Placement of Children.
 45.35     Sec. 60.  Minnesota Statutes 1998, section 257.74, 
 45.36  subdivision 2, is amended to read: 
 46.1      Subd. 2.  If a mother relinquishes or proposes to 
 46.2   relinquish for adoption a child who does not have 
 46.3      (a) a presumed father under section 257.55, subdivision 1, 
 46.4      (b) a father whose relationship to the child has been 
 46.5   determined by a court, or 
 46.6      (c) a father as to whom the child is a legitimate child 
 46.7   under prior law of this state or under the law of another 
 46.8   jurisdiction, notice of the adoption proceeding shall be given 
 46.9   as required by sections section 259.49 and 259.51. 
 46.10     Sec. 61.  Minnesota Statutes 1998, section 268.9165, is 
 46.11  amended to read: 
 46.12     268.9165 [AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER 
 46.13  PERIODS.] 
 46.14     The commissioner of children, families, and learning may 
 46.15  waive requirements under sections 119A.50 to 119A.54 119A.53, 
 46.16  for up to nine months after the disaster, for Head Start 
 46.17  grantees in areas where a federal disaster has been declared 
 46.18  under United States Code, title 42, section 5121, et seq., or 
 46.19  the governor has exercised authority under chapter 12.  The 
 46.20  commissioner shall notify the chairs of the senate family and 
 46.21  early childhood education budget division, the senate education 
 46.22  finance committee, the house family and early childhood 
 46.23  education finance division, the house education committee, and 
 46.24  the house ways and means committee ten days before the effective 
 46.25  date of any waiver granted under this section. 
 46.26     Sec. 62.  Minnesota Statutes 1998, section 287.09, is 
 46.27  amended to read: 
 46.28     287.09 [MORTGAGE ON EXEMPT PROPERTY; PROPERTY NOT DIRECTLY 
 46.29  TAXED; RECEIPT; APPORTIONMENT OF TAX.] 
 46.30     When real estate described in a mortgage is exempt from 
 46.31  taxation under the Constitution of the state of Minnesota, 
 46.32  article X, section 1, the mortgage registry tax shall be paid to 
 46.33  the treasurer of the county in which the real estate is located 
 46.34  in the same manner as if the real estate were not exempt from 
 46.35  taxation.  When any real estate described in a mortgage is not 
 46.36  exempt from taxation under that section, but is not taxed by 
 47.1   direct tax upon the net tax capacity thereof, the mortgage 
 47.2   registry tax shall be paid to the county; this sentence does not 
 47.3   apply to real estate taxed under sections 298.23 298.24 to 
 47.4   298.28. 
 47.5      Sec. 63.  Minnesota Statutes 1998, section 307.08, 
 47.6   subdivision 2, is amended to read: 
 47.7      Subd. 2.  A person who intentionally, willfully, and 
 47.8   knowingly destroys, mutilates, injures, disturbs, or removes 
 47.9   human skeletal remains or human burial grounds, is guilty of a 
 47.10  felony.  A person who intentionally, willfully, or knowingly 
 47.11  removes any tombstone, monument, or structure placed in any 
 47.12  public or private cemetery or unmarked human burial ground, or 
 47.13  any fence, railing, or other work erected for protection or 
 47.14  ornament, or any tree, shrub, or plant or grave goods and 
 47.15  artifacts within the limits of the cemetery or burial ground, 
 47.16  and a person who, without authority from the trustees, state 
 47.17  archaeologist, or Indian affairs intertribal board council, 
 47.18  discharges any firearms upon or over the grounds of any public 
 47.19  or private cemetery or authenticated and identified Indian 
 47.20  burial ground, is guilty of a gross misdemeanor. 
 47.21     Sec. 64.  Minnesota Statutes 1998, section 307.08, 
 47.22  subdivision 8, is amended to read: 
 47.23     Subd. 8.  No authenticated and identified Indian burial 
 47.24  ground may be relocated unless the request to relocate is 
 47.25  approved by the Indian affairs intertribal board council.  When 
 47.26  the Indian burial ground is located on public lands or waters, 
 47.27  the cost of removal is the responsibility of and shall be paid 
 47.28  by the state or political subdivision controlling the lands or 
 47.29  waters.  If large Indian burial grounds are involved, efforts 
 47.30  shall be made by the state to purchase and protect them instead 
 47.31  of removing them to another location. 
 47.32     Sec. 65.  Minnesota Statutes 1998, section 307.08, 
 47.33  subdivision 9, is amended to read: 
 47.34     Subd. 9.  The department of natural resources, the 
 47.35  department of transportation, and all other state agencies and 
 47.36  local governmental units whose activities may be affected, shall 
 48.1   cooperate with the state archaeologist and the Indian affairs 
 48.2   intertribal board council to carry out the provisions of this 
 48.3   section. 
 48.4      Sec. 66.  Minnesota Statutes 1998, section 307.08, 
 48.5   subdivision 10, is amended to read: 
 48.6      Subd. 10.  When Indian burials are known or suspected to 
 48.7   exist, on public lands or waters, the state or political 
 48.8   subdivision controlling the lands or waters shall submit 
 48.9   construction and development plans to the state archaeologist 
 48.10  and the Indian affairs intertribal board council for review 
 48.11  prior to the time bids are advertised.  The state archaeologist 
 48.12  and the Indian affairs intertribal board council shall promptly 
 48.13  review the plans and make recommendations for the preservation 
 48.14  or removal of the human burials or remains, which may be 
 48.15  endangered by construction or development activities. 
 48.16     Sec. 67.  Minnesota Statutes 1998, section 340A.3021, 
 48.17  subdivision 2, is amended to read: 
 48.18     Subd. 2.  [EXCEPTIONS.] Subdivision 1 does not apply to: 
 48.19     (1) alcoholic beverages passing through Minnesota in 
 48.20  interstate commerce; 
 48.21     (2) alcoholic beverages imported into Minnesota by 
 48.22  individuals for personal use in the amounts permitted under 
 48.23  section 297C.09 297G.07, subdivision 2, or 340A.417; and 
 48.24     (3) a holder of a manufacturer's warehouse permit. 
 48.25     Sec. 68.  Minnesota Statutes 1998, section 446A.01, is 
 48.26  amended to read: 
 48.27     446A.01 [MINNESOTA PUBLIC FACILITIES AUTHORITY ACT.] 
 48.28     Sections 446A.01 to 446A.09 This chapter may be cited as 
 48.29  the "Minnesota Public Facilities Authority Act." 
 48.30     Sec. 69.  Minnesota Statutes 1998, section 446A.04, 
 48.31  subdivision 7, is amended to read: 
 48.32     Subd. 7.  [IN GENERAL.] The authority has all the powers 
 48.33  necessary and convenient to carry out its duties under sections 
 48.34  446A.05, subdivision 1, 446A.051, and 446A.12 to 446A.20 this 
 48.35  chapter. 
 48.36     Sec. 70.  Minnesota Statutes 1998, section 462A.21, 
 49.1   subdivision 19, is amended to read: 
 49.2      Subd. 19.  [MENTAL ILLNESS CRISIS HOUSING ASSISTANCE.] The 
 49.3   agency may spend money for the purpose of section 462A.208 and 
 49.4   may pay the costs and expenses necessary and incidental to the 
 49.5   development and operation of the program authorized in 
 49.6   section 462A.207 462A.208. 
 49.7      Sec. 71.  Minnesota Statutes 1998, section 480.054, is 
 49.8   amended to read: 
 49.9      480.054 [DISTRIBUTION OF PROPOSED RULES; HEARING.] 
 49.10     Before any rule for the court of appeals or for the 
 49.11  district court is adopted, the supreme court shall distribute 
 49.12  copies of the proposed rule to the bench and bar of the state 
 49.13  for their consideration and suggestions and give due 
 49.14  consideration to any suggestions they submit to the court.  The 
 49.15  court of appeals judges, the or district court judges 
 49.16  association, the Minnesota county court judges association, or 
 49.17  the municipal court judges association may file with the court a 
 49.18  petition specifying their suggestions concerning any existing or 
 49.19  proposed rule and requesting a hearing on it.  The court shall 
 49.20  grant a hearing within six months after the filing of the 
 49.21  petition.  The court may grant a hearing upon the petition of 
 49.22  any other person. 
 49.23     Sec. 72.  Minnesota Statutes 1998, section 480.09, 
 49.24  subdivision 1, is amended to read: 
 49.25     Subdivision 1.  The state library shall be maintained in 
 49.26  the capitol and shall be under the supervision of the justices 
 49.27  of the supreme court.  Notwithstanding chapter 16C or any other 
 49.28  act inconsistent herewith or acts amendatory thereof or 
 49.29  supplementary thereto, they shall direct the purchases of books, 
 49.30  pamphlets, and documents therefor and the sales and exchanges 
 49.31  therefrom upon such terms and conditions as they may deem just 
 49.32  and proper.  They may authorize the transfer of books and 
 49.33  documents to the University of Minnesota or any department 
 49.34  thereof, or to any state agency.  They shall adopt rules for the 
 49.35  government of the library and the management of its affairs, and 
 49.36  prescribe penalties for the violation thereof. 
 50.1      Sec. 73.  Minnesota Statutes 1998, section 481.02, 
 50.2   subdivision 2, is amended to read: 
 50.3      Subd. 2.  [CORPORATIONS.] No corporation, organized for 
 50.4   pecuniary profit, except an attorney's professional corporation 
 50.5   organized under chapter 319A or professional firm organized 
 50.6   under chapter 319B, by or through its officers or employees or 
 50.7   any one else, shall maintain, conduct, or defend, except in its 
 50.8   own behalf when a party litigant, any action or proceeding in 
 50.9   any court in this state, or shall, by or through its officers or 
 50.10  employees or any one else, give or assume to give legal advice 
 50.11  or counsel or perform for or furnish to another person or 
 50.12  corporation legal services; or shall, by word, sign, letter, or 
 50.13  advertisement, solicit the public or any person to permit it to 
 50.14  prepare, or cause to be prepared, any will or testamentary 
 50.15  disposition or instrument of trust serving purposes similar to 
 50.16  those of a will, or hold itself out as desiring or willing to 
 50.17  prepare any such document, or to give legal advice or legal 
 50.18  services relating thereto or to give general legal advice or 
 50.19  counsel, or to act as attorney at law or as supplying, or being 
 50.20  in a position to supply, the services of a lawyer or lawyers; or 
 50.21  shall to any extent engage in, or hold itself out as being 
 50.22  engaged in, the business of supplying services of a lawyer or 
 50.23  lawyers; or shall cause to be prepared any person's will or 
 50.24  testamentary disposition or instrument of trust serving purposes 
 50.25  similar to those of a will, or any other legal document, for 
 50.26  another person, firm, or corporation, and receive, directly or 
 50.27  indirectly, all or a part of the charges for such preparation or 
 50.28  any benefits therefrom; or shall itself prepare, directly or 
 50.29  through another, any such document for another person, firm, or 
 50.30  corporation, except as provided in subdivision 3.  
 50.31     Sec. 74.  Minnesota Statutes 1998, section 500.245, 
 50.32  subdivision 1, is amended to read: 
 50.33     Subdivision 1.  [DISPOSAL OF LAND.] (a) A state or federal 
 50.34  agency, limited partnership, or a corporation may not lease or 
 50.35  sell agricultural land or a farm homestead before offering or 
 50.36  making a good faith effort to offer the land for sale or lease 
 51.1   to the immediately preceding former owner at a price no higher 
 51.2   than the highest price offered by a third party that is 
 51.3   acceptable to the seller or lessor.  The offer must be made on 
 51.4   the notice to offer form under subdivision 2.  The requirements 
 51.5   of this subdivision do not apply to a sale or lease by a 
 51.6   corporation that is a family farm corporation or an authorized 
 51.7   farm corporation or to a sale or lease by the commissioner of 
 51.8   agriculture of property acquired by the state under the family 
 51.9   farm security program under chapter 41.  This subdivision 
 51.10  applies only to a sale or lease when the seller or lessor 
 51.11  acquired the property by enforcing a debt against the 
 51.12  agricultural land or farm homestead, including foreclosure of a 
 51.13  mortgage, accepting a deed in lieu of foreclosure, terminating a 
 51.14  contract for deed, or accepting a deed in lieu of terminating a 
 51.15  contract for deed.  Selling or leasing property to a third party 
 51.16  at a price is prima facie evidence that the price is acceptable 
 51.17  to the seller or lessor.  The seller must provide written notice 
 51.18  to the immediately preceding former owner that the agricultural 
 51.19  land or farm homestead will be offered for sale at least 14 days 
 51.20  before the agricultural land or farm homestead is offered for 
 51.21  sale.  
 51.22     (b) An immediately preceding former owner is the entity 
 51.23  with record legal title to the agricultural land or farm 
 51.24  homestead before acquisition by the state or federal agency or 
 51.25  corporation except:  if the immediately preceding former owner 
 51.26  is a bankruptcy estate, the debtor in bankruptcy is the 
 51.27  immediately preceding former owner; and if the agricultural land 
 51.28  or farm homestead was acquired by termination of a contract for 
 51.29  deed or deed in lieu of termination of a contract for deed, the 
 51.30  immediately preceding former owner is the purchaser under the 
 51.31  contract for deed.  For purposes of this subdivision, only a 
 51.32  family farm, family farm corporation, or family farm partnership 
 51.33  can be an immediately preceding former owner. 
 51.34     (c) An immediately preceding former owner may elect to 
 51.35  purchase or lease the entire property or an agreed to portion of 
 51.36  the property.  If the immediately preceding former owner elects 
 52.1   to purchase or lease a portion of the property, the election 
 52.2   must be reported in writing to the seller or lessor prior to the 
 52.3   time the property is first offered for sale or lease.  If 
 52.4   election is made to purchase or lease a portion of the property, 
 52.5   the portion must be contiguous and compact so that it does not 
 52.6   unreasonably reduce access to or the value of the remaining 
 52.7   property. 
 52.8      (d) For purposes of this subdivision, the term "a price no 
 52.9   higher than the highest price offered by a third party" means 
 52.10  the acceptable cash price offered by a third party or the 
 52.11  acceptable time-price offer made by a third party.  A cash price 
 52.12  offer is one that involves simultaneous transfer of title for 
 52.13  payment of the entire amount of the offer.  If the acceptable 
 52.14  offer made by a third party is a time-price offer, the seller or 
 52.15  lessor must make the same time-price offer or an equivalent cash 
 52.16  offer to the immediately preceding former owner.  An equivalent 
 52.17  cash offer is equal to the total of the payments made over a 
 52.18  period of the time-price offer discounted by yield curve of the 
 52.19  United States treasury notes and bonds of similar maturity on 
 52.20  the first business day of the month in which the offer is 
 52.21  personally delivered or mailed for time periods similar to the 
 52.22  time period covered by the time-price offer, plus 2.0 percent.  
 52.23  A time-price offer is an offer that is financed entirely or 
 52.24  partially by the seller and includes an offer to purchase under 
 52.25  a contract for deed or mortgage.  An equivalent cash offer is 
 52.26  not required to be made if the state participates in an offer to 
 52.27  a third party through the rural finance authority. 
 52.28     (e) This subdivision applies to a seller when the property 
 52.29  is sold and to a lessor each time the property is leased, for 
 52.30  the time period specified in section 500.24, subdivision 3 2, 
 52.31  paragraph (i) (v), after the agricultural land is acquired 
 52.32  except:  
 52.33     (1) an offer to lease to the immediately preceding former 
 52.34  owner is required only until the immediately preceding owner 
 52.35  fails to accept an offer to lease the property or the property 
 52.36  is sold; 
 53.1      (2) an offer to sell to the immediately preceding former 
 53.2   owner is required until the property is sold; and 
 53.3      (3) if the immediately preceding former owner elects to 
 53.4   lease or purchase a portion of the property, this subdivision 
 53.5   does not apply to the seller with regard to the balance of the 
 53.6   property after the election is made under paragraph (c).  
 53.7      (f) The notice of an offer under subdivision 2 that is 
 53.8   personally delivered with a signed receipt or sent by certified 
 53.9   mail with a receipt of mailing to the immediately preceding 
 53.10  former owner's last known address is a good faith offer.  
 53.11     (g) This subdivision does not apply to a sale or lease that 
 53.12  occurs after the seller or lessor has held the property for the 
 53.13  time period specified in section 500.24, subdivision 3 2, 
 53.14  paragraph (i) (v).  
 53.15     (h) For purposes of this subdivision, if the immediately 
 53.16  preceding former owner is a bankruptcy estate the debtor in the 
 53.17  bankruptcy is the immediately preceding owner.  
 53.18     (i) The immediately preceding former owner must exercise 
 53.19  the right to lease all or a portion of the agricultural land or 
 53.20  a homestead located on agricultural land in writing within 15 
 53.21  days after an offer to lease under this subdivision is mailed 
 53.22  with a receipt of mailing or personally delivered.  If election 
 53.23  is made to lease only the homestead or a portion of the 
 53.24  agricultural land, the portion to be leased must be clearly 
 53.25  identified in writing.  The immediately preceding former owner 
 53.26  must exercise the right to buy the agricultural land, a portion 
 53.27  of the agricultural land, or a farm homestead located on 
 53.28  agricultural land, in writing, within 65 days after an offer to 
 53.29  buy under this subdivision is mailed with a receipt of mailing 
 53.30  or is personally delivered.  Within ten days after exercising 
 53.31  the right to lease or buy by accepting the offer, the 
 53.32  immediately preceding owner must fully perform according to the 
 53.33  terms of the offer including paying the amounts due.  A seller 
 53.34  may sell and a lessor may lease the agricultural land or farm 
 53.35  homestead subject to this subdivision to the third party in 
 53.36  accordance with their lease or purchase agreement if: 
 54.1      (1) the immediately preceding former owner does not accept 
 54.2   an offer to lease or buy before the offer terminates; or 
 54.3      (2) the immediately preceding former owner does not perform 
 54.4   the obligations of the offer, including paying the amounts due, 
 54.5   within ten days after accepting the offer. 
 54.6      (j) A certificate indicating whether or not the property 
 54.7   contains agricultural land or a farm homestead that is signed by 
 54.8   the county assessor where the property is located and recorded 
 54.9   in the office of the county recorder or the registrar of titles 
 54.10  where the property is located is prima facie evidence of whether 
 54.11  the property is agricultural land or a farm homestead. 
 54.12     (k) As prima facie evidence that an offer to sell or lease 
 54.13  agricultural land or a farm homestead has terminated, a receipt 
 54.14  of mailing the notice under subdivision 2 and an affidavit, 
 54.15  signed by a person authorized to act on behalf of a state, 
 54.16  federal agency, or corporation selling or leasing the 
 54.17  agricultural land or a farm homestead may be filed in the office 
 54.18  of the county recorder or registrar of titles of the county 
 54.19  where the agricultural land or farm homestead is located.  The 
 54.20  affidavit must state that: 
 54.21     (1) notice of an offer to buy or lease the agricultural 
 54.22  land or farm homestead was provided to the immediately preceding 
 54.23  former owner at a price not higher than the highest price 
 54.24  offered by a third party that is acceptable; 
 54.25     (2) the time during which the immediately preceding former 
 54.26  owner is required to exercise the right to buy or lease the 
 54.27  agricultural land or farm homestead has expired; 
 54.28     (3) the immediately preceding former owner has not 
 54.29  exercised the right to buy or lease the agricultural land or 
 54.30  farm homestead as provided in this subdivision or has accepted 
 54.31  an offer and has not fully performed according to the terms of 
 54.32  the offer; and 
 54.33     (4) the offer to the immediately preceding former owner has 
 54.34  terminated. 
 54.35     (l) The right of an immediately preceding former owner to 
 54.36  receive an offer to lease or purchase agricultural land under 
 55.1   this subdivision or to lease or purchase at a price no higher 
 55.2   than the highest price offered by a third party that is 
 55.3   acceptable to the seller or lessor may be extinguished or 
 55.4   limited by an express statement signed by the immediately 
 55.5   preceding owner that complies with the plain language 
 55.6   requirements of section 325G.31.  The right may not be 
 55.7   extinguished or limited except by: 
 55.8      (1) an express statement in a deed in lieu of foreclosure 
 55.9   of the agricultural land; 
 55.10     (2) an express statement in a deed in lieu of a termination 
 55.11  of a contract for deed for the agricultural land; 
 55.12     (3) an express statement conveying the right to the state 
 55.13  or federal agency or corporation owning the agricultural land 
 55.14  that is required to make an offer under this subdivision; 
 55.15  however, the preceding former owner may rescind the conveyance 
 55.16  by notifying the state or federal agency or corporation in 
 55.17  writing within 20 calendar days after signing the express 
 55.18  statement; 
 55.19     (4) to cure a title defect, an express statement conveying 
 55.20  the right may be made to a person to whom the agricultural land 
 55.21  has been transferred by the state or federal agency or 
 55.22  corporation; or 
 55.23     (5) an express statement conveying the right to a contract 
 55.24  for deed vendee to whom the agricultural land or farm homestead 
 55.25  was sold under a contract for deed by the immediately preceding 
 55.26  former owner if the express statement and the contract for deed 
 55.27  are recorded. 
 55.28     (m) The right of an immediately preceding former owner to 
 55.29  receive an offer to lease or purchase agricultural land under 
 55.30  this subdivision may not be assigned or transferred except as 
 55.31  provided in paragraph (l), but may be inherited.  
 55.32     (n) An immediately preceding former owner, except a former 
 55.33  owner who is actively engaged in farming as defined in section 
 55.34  500.24, subdivision 2, paragraph (a), and who agrees to remain 
 55.35  actively engaged in farming on a portion of the agricultural 
 55.36  land or farm homestead for at least one year after accepting an 
 56.1   offer under this subdivision, may not sell agricultural land 
 56.2   acquired by accepting an offer under this subdivision if the 
 56.3   arrangement of the sale was negotiated or agreed to prior to the 
 56.4   former owner accepting the offer under this subdivision.  A 
 56.5   person who sells property in violation of this paragraph is 
 56.6   liable for damages plus reasonable attorney fees to a person who 
 56.7   is damaged by a sale in violation of this paragraph.  There is a 
 56.8   rebuttable presumption that a sale by an immediately preceding 
 56.9   former owner is in violation of this paragraph if the sale takes 
 56.10  place within 270 days of the former owner accepting the offer 
 56.11  under this subdivision.  This paragraph does not apply to a sale 
 56.12  by an immediately preceding former owner to the owner's spouse, 
 56.13  the owner's parents, the owner's sisters and brothers, the 
 56.14  owner's spouse's sisters and brothers, or the owner's children. 
 56.15     Sec. 75.  Minnesota Statutes 1998, section 518.5511, 
 56.16  subdivision 1, is amended to read: 
 56.17     Subdivision 1.  [GENERAL.] (a) An administrative process is 
 56.18  established to obtain, modify, and enforce child and medical 
 56.19  support orders and parentage orders and enforce maintenance if 
 56.20  combined with a child support proceeding.  All laws governing 
 56.21  these actions apply insofar as they are not inconsistent with 
 56.22  the provisions of this section and section 518.5512.  Wherever 
 56.23  other laws or rules are inconsistent with this section and 
 56.24  section 518.5512, the provisions in this section and section 
 56.25  518.5512 shall apply. 
 56.26     (b) All proceedings for obtaining, modifying, or enforcing 
 56.27  child and medical support orders and enforcing maintenance 
 56.28  orders if combined with a child support proceeding, are required 
 56.29  to be conducted in the administrative process when the public 
 56.30  authority is a party or provides services to a party or parties 
 56.31  to the proceedings.  Cases in which there is no assignment of 
 56.32  support or in which the public authority is not providing 
 56.33  services may not be conducted in the administrative process.  At 
 56.34  county option, the administrative process may include contempt 
 56.35  motions or actions to establish parentage.  Nothing contained 
 56.36  herein shall prevent a party, upon timely notice to the public 
 57.1   authority, from commencing an action or bringing a motion for 
 57.2   the establishment, modification, or enforcement of child support 
 57.3   or enforcement of maintenance orders if combined with a child 
 57.4   support proceeding in district court, if additional issues 
 57.5   involving domestic abuse, establishment or modification of 
 57.6   custody or visitation, property issues, or other issues outside 
 57.7   the jurisdiction of the administrative process, are part of the 
 57.8   motion or action, or from proceeding with a motion or action 
 57.9   brought by another party containing one or more of these issues 
 57.10  if it is pending in district court. 
 57.11     (c) A party may make a written request to the public 
 57.12  authority to initiate an uncontested administrative proceeding.  
 57.13  The initiating party may serve a copy of the written request on 
 57.14  the noninitiating party in accordance with the rules of civil 
 57.15  procedure.  If the public authority denies the request, the 
 57.16  public authority shall issue a notice of denial which denies the 
 57.17  request for relief within 30 days of receiving the written 
 57.18  request, states the reasons for the denial, and notifies the 
 57.19  party of the right to proceed directly to a hearing before an 
 57.20  administrative law judge according to subdivision 3a.  If the 
 57.21  party proceeds directly to a hearing and files the requisite 
 57.22  documents with the court administrator within 30 days after the 
 57.23  public authority's denial and the party's action results in a 
 57.24  modification of a child support order, the modification may be 
 57.25  retroactive to the date the written request was served on the 
 57.26  noninitiating party.  If the initiating party did not serve the 
 57.27  written request on the noninitiating party, modification may be 
 57.28  made retroactive as provided in section 518.64, subdivision 2, 
 57.29  paragraph (d).  If the public authority accepts the request and 
 57.30  proceeds with the uncontested administrative process, any order 
 57.31  or modification may be retroactive to the date the written 
 57.32  request was served on the noninitiating party.  If the 
 57.33  initiating party did not serve the written request on the 
 57.34  noninitiating party, an order or modification may be made 
 57.35  retroactive to the date the public authority serves the proposed 
 57.36  order on the noninitiating party as provided in subdivision 2, 
 58.1   paragraph (a). 
 58.2      (d) The public authority may initiate actions in the 
 58.3   administrative process.  
 58.4      (e) For the purpose of the administrative process, all 
 58.5   powers, duties, and responsibilities conferred on judges of 
 58.6   district court to obtain and enforce child and medical support 
 58.7   and parentage and maintenance obligations, subject to the 
 58.8   limitations of this section are conferred on administrative law 
 58.9   judges, including the power to determine controlling interstate 
 58.10  orders, and to issue subpoenas, orders to show cause, and bench 
 58.11  warrants for failure to appear. 
 58.12     The administrative law judge has the authority to enter 
 58.13  parentage orders in which the custody and visitation provisions 
 58.14  are uncontested. 
 58.15     (f) Nonattorney employees of the public authority 
 58.16  responsible for child support may prepare, sign, serve, and file 
 58.17  complaints, motions, notices, summary notices, proposed orders, 
 58.18  default orders, consent orders, orders for blood or genetic 
 58.19  tests, and other documents related to the administrative process 
 58.20  for obtaining, modifying, or enforcing child and medical support 
 58.21  orders, orders establishing paternity, and related documents, 
 58.22  and orders to enforce maintenance if combined with a child 
 58.23  support order.  The nonattorney employee may issue 
 58.24  administrative subpoenas, conduct prehearing conferences, and 
 58.25  participate in proceedings before an administrative law judge.  
 58.26  This activity shall not be considered to be the unauthorized 
 58.27  practice of law.  Nonattorney employees may not represent the 
 58.28  interests of any party other than the public authority, and may 
 58.29  not give legal advice.  The nonattorney employees may act 
 58.30  subject to the limitations of section 518.5512. 
 58.31     (g) Any party may make a written request to the office of 
 58.32  administrative hearings for a subpoena compelling the attendance 
 58.33  of a witness or the production of books, papers, records, or 
 58.34  other documents relevant to the administrative process.  
 58.35  Subpoenas are enforceable through the district court.  The 
 58.36  public authority may also request a subpoena from the office of 
 59.1   administrative hearings for the production of a witness or 
 59.2   documents.  The nonattorney employee of the public authority may 
 59.3   issue subpoenas subject to the limitations in section 518.5512, 
 59.4   subdivision 6 5, paragraph (a), clause (2).  
 59.5      (h) At all stages of the administrative process, the county 
 59.6   attorney, or other attorney under contract, shall act as the 
 59.7   legal adviser for the public authority. 
 59.8      (i) The commissioner of human services shall:  
 59.9      (1) provide training to child support officers and other 
 59.10  persons involved in the administrative process; 
 59.11     (2) timely prepare and make available to the public 
 59.12  authority forms for all notices and orders prescribed in 
 59.13  subdivisions 2 and 3; and 
 59.14     (3) distribute money to cover the costs of the 
 59.15  administrative process, including the salaries of administrative 
 59.16  law judges.  If available appropriations are insufficient to 
 59.17  cover the costs, the commissioner shall prorate the amount among 
 59.18  the counties. 
 59.19     (j) The commissioner of human services, in consultation 
 59.20  with the office of administrative hearings, is responsible for 
 59.21  the supervision of the administrative process.  
 59.22     (k) The public authority, the office of administrative 
 59.23  hearings, court administrators, and other entities involved in 
 59.24  the administrative process shall use the forms prepared by the 
 59.25  commissioner for use in the uncontested administrative process. 
 59.26     (l) The office of administrative hearings may reject orders 
 59.27  submitted by the public authority under subdivisions 2 and 3 if 
 59.28  they are not prepared using forms developed or approved by the 
 59.29  commissioner. 
 59.30     (m) The office of administrative hearings shall: 
 59.31     (1) train and monitor the performance of administrative law 
 59.32  judges, maintain records of proceedings, provide transcripts 
 59.33  upon request, and maintain the integrity of the district court 
 59.34  file; and 
 59.35     (2) prepare and make available to court administrators and 
 59.36  the public authority forms that conform with requirements of the 
 60.1   rules of court that may be used by parties who proceed directly 
 60.2   to hearing under subdivision 3a. 
 60.3      Sec. 76.  Minnesota Statutes 1998, section 518.6111, 
 60.4   subdivision 5, is amended to read: 
 60.5      Subd. 5.  [PAYOR OF FUNDS RESPONSIBILITIES.] (a) An order 
 60.6   for or notice of withholding is binding on a payor of funds upon 
 60.7   receipt.  Withholding must begin no later than the first pay 
 60.8   period that occurs after 14 days following the date of receipt 
 60.9   of the order for or notice of withholding.  In the case of a 
 60.10  financial institution, preauthorized transfers must occur in 
 60.11  accordance with a court-ordered payment schedule. 
 60.12     (b) A payor of funds shall withhold from the income payable 
 60.13  to the obligor the amount specified in the order or notice of 
 60.14  withholding and amounts specified under subdivisions 6 and 9 and 
 60.15  shall remit the amounts withheld to the public authority within 
 60.16  seven business days of the date the obligor is paid the 
 60.17  remainder of the income.  The payor of funds shall include with 
 60.18  the remittance the social security number of the obligor, the 
 60.19  case type indicator as provided by the public authority and the 
 60.20  date the obligor is paid the remainder of the income.  The 
 60.21  obligor is considered to have paid the amount withheld as of the 
 60.22  date the obligor received the remainder of the income.  A payor 
 60.23  of funds may combine all amounts withheld from one pay period 
 60.24  into one payment to each public authority, but shall separately 
 60.25  identify each obligor making payment. 
 60.26     (c) A payor of funds shall not discharge, or refuse to 
 60.27  hire, or otherwise discipline an employee as a result of wage or 
 60.28  salary withholding authorized by this section.  A payor of funds 
 60.29  shall be liable to the obligee for any amounts required to be 
 60.30  withheld.  A payor of funds that fails to withhold or transfer 
 60.31  funds in accordance with this section is also liable to the 
 60.32  obligee for interest on the funds at the rate applicable to 
 60.33  judgments under section 549.09, computed from the date the funds 
 60.34  were required to be withheld or transferred.  A payor of funds 
 60.35  is liable for reasonable attorney fees of the obligee or public 
 60.36  authority incurred in enforcing the liability under this 
 61.1   paragraph.  A payor of funds that has failed to comply with the 
 61.2   requirements of this section is subject to contempt sanctions 
 61.3   under section 518.615.  If the payor of funds is an employer or 
 61.4   independent contractor and violates this subdivision, a court 
 61.5   may award the obligor twice the wages lost as a result of this 
 61.6   violation.  If a court finds a payor of funds violated this 
 61.7   subdivision, the court shall impose a civil fine of not less 
 61.8   than $500. 
 61.9      (d) If a single employee is subject to multiple withholding 
 61.10  orders or multiple notices of withholding for the support of 
 61.11  more than one child, the payor of funds shall comply with all of 
 61.12  the orders or notices to the extent that the total amount 
 61.13  withheld from the obligor's income does not exceed the limits 
 61.14  imposed under the Consumer Credit Protection Act, Chapter 15 of 
 61.15  the United States Code, title 15, section 1637(b) 1673(b), 
 61.16  giving priority to amounts designated in each order or notice as 
 61.17  current support as follows: 
 61.18     (1) if the total of the amounts designated in the orders 
 61.19  for or notices of withholding as current support exceeds the 
 61.20  amount available for income withholding, the payor of funds 
 61.21  shall allocate to each order or notice an amount for current 
 61.22  support equal to the amount designated in that order or notice 
 61.23  as current support, divided by the total of the amounts 
 61.24  designated in the orders or notices as current support, 
 61.25  multiplied by the amount of the income available for income 
 61.26  withholding; and 
 61.27     (2) if the total of the amounts designated in the orders 
 61.28  for or notices of withholding as current support does not exceed 
 61.29  the amount available for income withholding, the payor of funds 
 61.30  shall pay the amounts designated as current support, and shall 
 61.31  allocate to each order or notice an amount for past due support, 
 61.32  equal to the amount designated in that order or notice as past 
 61.33  due support, divided by the total of the amounts designated in 
 61.34  the orders or notices as past due support, multiplied by the 
 61.35  amount of income remaining available for income withholding 
 61.36  after the payment of current support. 
 62.1      (e) When an order for or notice of withholding is in effect 
 62.2   and the obligor's employment is terminated, the obligor and the 
 62.3   payor of funds shall notify the public authority of the 
 62.4   termination within ten days of the termination date.  The 
 62.5   termination notice shall include the obligor's home address and 
 62.6   the name and address of the obligor's new payor of funds, if 
 62.7   known. 
 62.8      (f) A payor of funds may deduct one dollar from the 
 62.9   obligor's remaining salary for each payment made pursuant to an 
 62.10  order for or notice of withholding under this section to cover 
 62.11  the expenses of withholding. 
 62.12     Sec. 77.  Minnesota Statutes 1998, section 609.26, is 
 62.13  amended by adding a subdivision to read: 
 62.14     Subd. 2a.  [ORIGINAL INTENT CLARIFIED.] To the extent that 
 62.15  it states that subdivision 2 creates affirmative defenses to a 
 62.16  charge under this section, subdivision 2 clarifies the original 
 62.17  intent of the legislature in enacting Laws 1984, chapter 484, 
 62.18  section 2, and does not change the substance of this section.  
 62.19  Subdivision 2 does not modify or alter any convictions entered 
 62.20  under this section before August 1, 1988. 
 62.21     Sec. 78.  Laws 1994, chapter 560, article 2, section 15, is 
 62.22  amended to read: 
 62.23     Subd. 4.  [PLANS NOT ESTABLISHED BUT APPROVED BY 
 62.24  COMMISSIONER.] (a) Notwithstanding any other law to the 
 62.25  contrary, terms and conditions of employment for employees 
 62.26  listed in this subdivision must be set by appointing authorities 
 62.27  within the limits of compensation plans that have been approved 
 62.28  by the commissioner before becoming effective.  Compensation 
 62.29  plans established under paragraphs (c), (d), (e), and (f) must 
 62.30  be reviewed and approved, modified, or rejected by the 
 62.31  legislature and the legislative commission on employee relations 
 62.32  under section 3.855, subdivision 2, before becoming effective. 
 62.33     (b) Total compensation for employees who are not covered by 
 62.34  a collective bargaining agreement in the offices of the 
 62.35  governor, lieutenant governor, attorney general, secretary of 
 62.36  state, state auditor, and state treasurer must be determined by 
 63.1   the governor, lieutenant governor, attorney general, secretary 
 63.2   of state, state auditor, and state treasurer, respectively.  
 63.3      (c) Total compensation for unclassified positions under 
 63.4   section 43A.08, subdivision 1, clause (9), in the state 
 63.5   universities and the community colleges not covered by a 
 63.6   collective bargaining agreement must be determined by the state 
 63.7   university board and the state board for community colleges, 
 63.8   respectively. 
 63.9      (d) Total compensation for classified administrative law 
 63.10  judges in the office of administrative hearings must be 
 63.11  determined by the chief administrative law judge.  
 63.12     (e) Total compensation for unclassified positions not 
 63.13  covered by a collective bargaining agreement in the higher 
 63.14  education coordinating board and in the state board of technical 
 63.15  colleges must be determined by the higher education coordinating 
 63.16  board and the state board of technical colleges, respectively. 
 63.17     (f) Total compensation for unclassified managerial 
 63.18  positions not covered by a collective bargaining agreement in 
 63.19  the higher education board must be determined by the higher 
 63.20  education board. 
 63.21     Sec. 79.  [ACTS VALIDATED.] 
 63.22     Acts by the White Bear Lake conservation district board 
 63.23  before the effective date of this section are not invalid on 
 63.24  account of irregularities, or omissions if any, in the approval, 
 63.25  or filing of the approval, of Laws 1977, chapter 322, sections 2 
 63.26  and 3, amending law coded as Minnesota Statutes, sections 
 63.27  103B.661, subdivision 1, and 103B.665, subdivision 1.  This 
 63.28  section and those amendments are effective without local 
 63.29  approval the day after final enactment of this section. 
 63.30     Sec. 80.  [INSTRUCTION TO REVISOR.] 
 63.31     The revisor of statutes shall change the terms "office of 
 63.32  adult release" or "officer of adult release" to "hearings and 
 63.33  release unit" or "officer of the hearings and release unit" as 
 63.34  appropriate, wherever it appears in Minnesota Statutes and 
 63.35  Minnesota Rules. 
 63.36     Sec. 81.  [REPEALER.] 
 64.1      (a) Minnesota Statutes 1998, section 3.873, is repealed. 
 64.2      (b) Minnesota Statutes 1998, section 62J.47, is repealed. 
 64.3      (c) Minnesota Statutes 1998, section 115A.159, is repealed. 
 64.4      (d) Minnesota Statutes 1998, section 119A.28, subdivision 
 64.5   4, is repealed. 
 64.6      (e) Minnesota Statutes 1998, section 119A.31, subdivision 
 64.7   3, is repealed. 
 64.8      (f) Minnesota Statutes 1998, section 119A.54, is repealed. 
 64.9      (g) Minnesota Statutes 1998, section 218.011, subdivision 
 64.10  7, is repealed. 
 64.11     (h) Minnesota Statutes 1998, section 256.995, subdivision 
 64.12  7, is repealed. 
 64.13     (i) Minnesota Statutes 1998, section 323.02, subdivisions 
 64.14  10 and 11, are repealed effective January 1, 2002. 
 64.15     (j) Minnesota Statutes 1998, sections 383.01; 383.02; 
 64.16  383.03; 383.04; 383.05; 383.06; 383.07; 383.08; 383.09; 383.10; 
 64.17  383.11; and 383.12, are repealed. 
 64.18     (k) Minnesota Statutes 1998, sections 509.01; 509.02; 
 64.19  509.03; 509.04; 509.05; and 509.06, are repealed. 
 64.20     (l) Minnesota Statutes 1998, section 526.20, is repealed. 
 64.21     (m) Laws 1996, chapter 426, sections 1 and 2, are repealed. 
 64.22     (n) Laws 1998, chapter 388, section 16, is repealed. 
 64.23     (o) Laws 1998, chapter 404, section 49, is repealed. 
 64.24     (p) Laws 1998, chapter 407, article 2, section 97, is 
 64.25  repealed. 
 64.26     (q) Laws 1998, First Special Session chapter 1, article 3, 
 64.27  section 15, is repealed effective the day following final 
 64.28  enactment. 
 64.29     Sec. 82.  [EFFECTIVE DATE.] 
 64.30     Section 11 is effective on the day following final 
 64.31  enactment. 
 64.32                             ARTICLE 2 
 64.33                    EXPIRED ADVISORY COMMITTEES
 64.34     Section 1.  Minnesota Statutes 1998, section 17.452, 
 64.35  subdivision 1, is amended to read: 
 64.36     Subdivision 1.  [PROMOTION AND COORDINATION.] (a) The 
 65.1   commissioner shall promote the commercial raising of farmed 
 65.2   cervidae and shall coordinate programs and rules related to the 
 65.3   commercial raising of farmed cervidae.  Farmed cervidae 
 65.4   research, projects, and demonstrations must be reported to the 
 65.5   commissioner before state appropriations for the research 
 65.6   projects or demonstrations are encumbered.  The commissioner 
 65.7   shall maintain a data base of information on raising farmed 
 65.8   cervidae. 
 65.9      (b) The commissioner shall appoint a farmed cervidae 
 65.10  advisory committee to advise the commissioner on farmed cervidae 
 65.11  issues.  The advisory committee shall consist of representatives 
 65.12  from the University of Minnesota, the commissioner of 
 65.13  agriculture, the board of animal health, the commissioner of 
 65.14  natural resources, the commissioner of trade and economic 
 65.15  development, a statewide elk breeders association, a statewide 
 65.16  deer breeders association, a statewide deer farmers association, 
 65.17  and members of the house of representatives and the senate.  The 
 65.18  committee shall meet at least twice a year at the call of the 
 65.19  commissioner of agriculture. 
 65.20     Sec. 2.  Minnesota Statutes 1998, section 124D.17, 
 65.21  subdivision 7, is amended to read: 
 65.22     Subd. 7.  [ADVISORY COMMITTEES COMMITTEE.] The commissioner 
 65.23  shall establish a program advisory committee consisting of 
 65.24  persons knowledgeable in child development, child health, and 
 65.25  family services, who reflect the geographic, cultural, racial, 
 65.26  and ethnic diversity of the state; and representatives of the 
 65.27  commissioners of children, families, and learning, human 
 65.28  services, and health.  This program advisory committee must 
 65.29  review grant applications, assist in distribution of the grants, 
 65.30  and monitor progress of the way to grow/school readiness 
 65.31  program.  Each grantee must establish a program advisory board 
 65.32  of 12 or more members to advise the grantee on program design, 
 65.33  operation, and evaluation.  The board must include 
 65.34  representatives of local units of government and representatives 
 65.35  of the project area who reflect the geographic, cultural, 
 65.36  racial, and ethnic diversity of that community.  
 66.1      Sec. 3.  Minnesota Statutes 1998, section 245.825, 
 66.2   subdivision 1b, is amended to read: 
 66.3      Subd. 1b.  [REVIEW AND APPROVAL.] Notwithstanding the 
 66.4   provisions of Minnesota Rules, parts 9525.2700 to 9525.2810, the 
 66.5   commissioner may designate the county case manager to authorize 
 66.6   the use of controlled procedures as defined in Minnesota Rules, 
 66.7   parts 9525.2710, subpart 9, and 9525.2740, subparts 1 and 2, 
 66.8   after review and approval by the interdisciplinary team and the 
 66.9   internal review committee as required in Minnesota Rules, part 
 66.10  9525.2750, subparts 1a and 2.  Use of controlled procedures must 
 66.11  be reported to the commissioner in accordance with the 
 66.12  requirements of Minnesota Rules, part 9525.2750, subpart 2a.  
 66.13  The commissioner must provide all reports to the advisory 
 66.14  committee at least quarterly.  
 66.15     Sec. 4.  Minnesota Statutes 1998, section 256B.0625, 
 66.16  subdivision 32, is amended to read: 
 66.17     Subd. 32.  [NUTRITIONAL PRODUCTS.] (a) Medical assistance 
 66.18  covers nutritional products needed for nutritional 
 66.19  supplementation because solid food or nutrients thereof cannot 
 66.20  be properly absorbed by the body or needed for treatment of 
 66.21  phenylketonuria, hyperlysinemia, maple syrup urine disease, a 
 66.22  combined allergy to human milk, cow's milk, and soy formula, or 
 66.23  any other childhood or adult diseases, conditions, or disorders 
 66.24  identified by the commissioner as requiring a similarly 
 66.25  necessary nutritional product.  Nutritional products needed for 
 66.26  the treatment of a combined allergy to human milk, cow's milk, 
 66.27  and soy formula require prior authorization.  Separate payment 
 66.28  shall not be made for nutritional products for residents of 
 66.29  long-term care facilities.  Payment for dietary requirements is 
 66.30  a component of the per diem rate paid to these facilities. 
 66.31     (b) The commissioner shall designate a nutritional 
 66.32  supplementation products advisory committee to advise the 
 66.33  commissioner on nutritional supplementation products for which 
 66.34  payment is made.  The committee shall consist of nine members, 
 66.35  one of whom shall be a physician, one of whom shall be a 
 66.36  pharmacist, two of whom shall be registered dietitians, one of 
 67.1   whom shall be a public health nurse, one of whom shall be a 
 67.2   representative of a home health care agency, one of whom shall 
 67.3   be a provider of long-term care services, and two of whom shall 
 67.4   be consumers of nutritional supplementation products.  Committee 
 67.5   members shall serve two-year terms and shall serve without 
 67.6   compensation. 
 67.7      (c) The advisory committee shall review and recommend 
 67.8   nutritional supplementation products which require prior 
 67.9   authorization.  The commissioner shall develop procedures for 
 67.10  the operation of the advisory committee so that the advisory 
 67.11  committee operates in a manner parallel to the drug formulary 
 67.12  committee. 
 67.13     Sec. 5.  Minnesota Statutes 1998, section 256B.0928, is 
 67.14  amended to read: 
 67.15     256B.0928 [STATEWIDE CAREGIVER SUPPORT AND RESPITE CARE 
 67.16  PROJECT.] 
 67.17     (a) The commissioner shall establish and maintain a 
 67.18  statewide caregiver support and respite care project.  The 
 67.19  project shall: 
 67.20     (1) provide information, technical assistance, and training 
 67.21  statewide to county agencies and organizations on direct service 
 67.22  models of caregiver support and respite care services; 
 67.23     (2) identify and address issues, concerns, and gaps in the 
 67.24  statewide network for caregiver support and respite care; 
 67.25     (3) maintain a statewide caregiver support and respite care 
 67.26  resource center; 
 67.27     (4) educate caregivers on the availability and use of 
 67.28  caregiver and respite care services; 
 67.29     (5) promote and expand caregiver training and support 
 67.30  groups using existing networks when possible; and 
 67.31     (6) apply for and manage grants related to caregiver 
 67.32  support and respite care. 
 67.33     (b) An advisory committee shall be appointed to advise the 
 67.34  caregiver support project on all aspects of the project 
 67.35  including the development and implementation of the caregiver 
 67.36  support and respite care services projects.  The advisory 
 68.1   committee shall review procedures and provide advice and 
 68.2   technical assistance to the caregiver support project regarding 
 68.3   the grant program established under section 256B.0917 and others 
 68.4   established for caregivers. 
 68.5      The advisory committee shall consist of not more than 16 
 68.6   people appointed by the commissioner and shall be comprised of 
 68.7   representatives from public and private agencies, service 
 68.8   providers, and consumers from all areas of the state.  
 68.9      Members of the advisory committee shall not be compensated 
 68.10  for service. 
 68.11     Sec. 6.  [REPEALER.] 
 68.12     Minnesota Statutes 1998, sections 16B.88, subdivision 5; 
 68.13  79.51, subdivision 4; 124D.17, subdivision 8; 144.121, 
 68.14  subdivision 7; 144.664, subdivision 4; 197.236, subdivisions 1 
 68.15  and 2; 245.825, subdivision 1a; and 256B.434, subdivision 13, 
 68.16  are repealed. 
 68.17                             ARTICLE 3 
 68.18                    LEGISLATIVE WATER COMMISSION 
 68.19     Section 1.  Minnesota Statutes 1998, section 17.114, 
 68.20  subdivision 3, is amended to read: 
 68.21     Subd. 3.  [DUTIES.] (a) The commissioner shall:  
 68.22     (1) establish a clearinghouse and provide information, 
 68.23  appropriate educational opportunities and other assistance to 
 68.24  individuals, producers, and groups about sustainable 
 68.25  agricultural techniques, practices, and opportunities; 
 68.26     (2) survey producers and support services and organizations 
 68.27  to determine information and research needs in the area of 
 68.28  sustainable agricultural practices; 
 68.29     (3) demonstrate the on-farm applicability of sustainable 
 68.30  agriculture practices to conditions in this state; 
 68.31     (4) coordinate the efforts of state agencies regarding 
 68.32  activities relating to sustainable agriculture; 
 68.33     (5) direct the programs of the department so as to work 
 68.34  toward the sustainability of agriculture in this state; 
 68.35     (6) inform agencies of how state or federal programs could 
 68.36  utilize and support sustainable agriculture practices; 
 69.1      (7) work closely with farmers, the University of Minnesota, 
 69.2   and other appropriate organizations to identify opportunities 
 69.3   and needs as well as assure coordination and avoid duplication 
 69.4   of state agency efforts regarding research, teaching, and 
 69.5   extension work relating to sustainable agriculture; and 
 69.6      (8) report to the environmental quality board for review 
 69.7   and then to the legislative water commission house of 
 69.8   representatives and senate committees with jurisdiction over the 
 69.9   environment, natural resources, and agriculture every 
 69.10  even-numbered year.  
 69.11     (b) The report under paragraph (a), clause (8), must 
 69.12  include:  
 69.13     (1) the presentation and analysis of findings regarding the 
 69.14  current status and trends regarding the economic condition of 
 69.15  producers; the status of soil and water resources utilized by 
 69.16  production agriculture; the magnitude of off-farm inputs used; 
 69.17  and the amount of nonrenewable resources used by Minnesota 
 69.18  farmers; 
 69.19     (2) a description of current state or federal programs 
 69.20  directed toward sustainable agriculture including significant 
 69.21  results and experiences of those programs; 
 69.22     (3) a description of specific actions the department of 
 69.23  agriculture is taking in the area of sustainable agriculture; 
 69.24     (4) a description of current and future research needs at 
 69.25  all levels in the area of sustainable agriculture; and 
 69.26     (5) suggestions for changes in existing programs or 
 69.27  policies or enactment of new programs or policies that will 
 69.28  affect farm profitability, maintain soil and water quality, 
 69.29  reduce input costs, or lessen dependence upon nonrenewable 
 69.30  resources.  
 69.31     Sec. 2.  Minnesota Statutes 1998, section 17.114, 
 69.32  subdivision 4, is amended to read: 
 69.33     Subd. 4.  [INTEGRATED PEST MANAGEMENT.] (a) The state shall 
 69.34  promote and facilitate the use of integrated pest management 
 69.35  through education, technical or financial assistance, 
 69.36  information and research.  
 70.1      (b) The commissioner shall coordinate the development of a 
 70.2   state approach to the promotion and use of integrated pest 
 70.3   management, which shall include delineation of the 
 70.4   responsibilities of the state, public post-secondary 
 70.5   institutions, Minnesota extension service, local units of 
 70.6   government, and the private sector; establishment of information 
 70.7   exchange and integration; procedures for identifying research 
 70.8   needs and reviewing and preparing informational materials; 
 70.9   procedures for factoring integrated pest management into state 
 70.10  laws, rules, and uses of pesticides; and identification of 
 70.11  barriers to adoption.  
 70.12     (c) The commissioner shall report to the environmental 
 70.13  quality board for review and then to the legislative water 
 70.14  commission house of representatives and senate committees with 
 70.15  jurisdiction over the environment, natural resources, and 
 70.16  agriculture every even-numbered year.  The report shall be 
 70.17  combined with the report required in subdivision 3. 
 70.18     Sec. 3.  Minnesota Statutes 1998, section 17.117, 
 70.19  subdivision 15, is amended to read: 
 70.20     Subd. 15.  [REPORT.] (a) The commissioner and chair shall 
 70.21  prepare and submit a report to the legislative water commission 
 70.22  by October 15, 1994, and October 15, 1995.  Thereafter, the 
 70.23  report shall be submitted house of representatives and senate 
 70.24  committees with jurisdiction over the environment, natural 
 70.25  resources, and agriculture by October 15 of each odd-numbered 
 70.26  year. 
 70.27     (b) The report shall include, but need not be limited to, 
 70.28  matters such as loan allocations and uses, the extent to which 
 70.29  the financial assistance is helping implement local water 
 70.30  planning priorities, the integration or coordination that has 
 70.31  occurred with related programs, and other matters deemed 
 70.32  pertinent to the implementation of the program. 
 70.33     Sec. 4.  Minnesota Statutes 1998, section 17.498, is 
 70.34  amended to read: 
 70.35     17.498 [RULES; FINANCIAL ASSURANCE.] 
 70.36     (a) The commissioner of the pollution control agency, after 
 71.1   consultation and cooperation with the commissioners of 
 71.2   agriculture and natural resources, shall present proposed rules 
 71.3   to the pollution control agency board prescribing water quality 
 71.4   permit requirements for aquaculture facilities by May 1, 1992.  
 71.5   The rules must consider: 
 71.6      (1) best available proven technology, best management 
 71.7   practices, and water treatment practices that prevent and 
 71.8   minimize degradation of waters of the state considering economic 
 71.9   factors, availability, technical feasibility, effectiveness, and 
 71.10  environmental impacts; 
 71.11     (2) classes, types, sizes, and categories of aquaculture 
 71.12  facilities; 
 71.13     (3) temporary reversible impacts versus long-term impacts 
 71.14  on water quality; 
 71.15     (4) effects on drinking water supplies that cause adverse 
 71.16  human health concerns; and 
 71.17     (5) aquaculture therapeutics, which shall be regulated by 
 71.18  the pollution control agency. 
 71.19     (b) Net pen aquaculture and other aquaculture facilities 
 71.20  with similar effects must submit an annual report to the 
 71.21  commissioner of the pollution control agency analyzing changes 
 71.22  in water quality trends from previous years, documentation of 
 71.23  best management practices, documentation of costs to restore the 
 71.24  waters used for aquaculture to the trophic state existing before 
 71.25  aquatic farming was initiated, and documentation of financial 
 71.26  assurance in an amount adequate to pay for restoration costs.  
 71.27  The trophic state, which is the productivity of the waters 
 71.28  measured by total phosphorus, dissolved oxygen, algae abundance 
 71.29  as chlorophyll-a, and secchi disk depth of light penetration, 
 71.30  and the condition of the waters measured by raw drinking water 
 71.31  parameters, shall be determined to the extent possible before 
 71.32  aquatic farming is initiated.  The financial assurance may be a 
 71.33  trust fund, letter of credit, escrow account, surety bond, or 
 71.34  other financial assurance payable to the commissioner for 
 71.35  restoration of the waters if the permittee cannot or will not 
 71.36  restore the waters after termination of aquatic farming 
 72.1   operations or revocation of the permit. 
 72.2      (c) The commissioner of the pollution control agency shall 
 72.3   submit a draft of the proposed rules to the legislative water 
 72.4   commission by September 1, 1991.  By January 15, 1992, the 
 72.5   commissioner of the pollution control agency shall submit a 
 72.6   report to the legislative water commission about aquaculture 
 72.7   facilities permitted by the pollution control agency.  The 
 72.8   report must include concerns of permittees as well as concerns 
 72.9   of the agency about permitted aquaculture facilities and how 
 72.10  those concerns will be addressed in the proposed rules. 
 72.11     (d) Information received as part of a permit application or 
 72.12  as otherwise requested must be classified according to chapter 
 72.13  13.  Information about processes, aquatic farming procedures, 
 72.14  feed and therapeutic formulas and rates, and tests on aquatic 
 72.15  farming products that have economic value is nonpublic data 
 72.16  under chapter 13, if requested by the applicant or permittee. 
 72.17     Sec. 5.  Minnesota Statutes 1998, section 18B.045, 
 72.18  subdivision 1, is amended to read: 
 72.19     Subdivision 1.  [DEVELOPMENT.] The commissioner shall 
 72.20  develop a pesticide management plan for the prevention, 
 72.21  evaluation, and mitigation of occurrences of pesticides or 
 72.22  pesticide breakdown products in groundwaters and surface waters 
 72.23  of the state.  The pesticide management plan must include 
 72.24  components promoting prevention, developing appropriate 
 72.25  responses to the detection of pesticides or pesticide breakdown 
 72.26  products in groundwater and surface waters, and providing 
 72.27  responses to reduce or eliminate continued pesticide movement to 
 72.28  groundwater and surface water.  Beginning By September 1, 1994, 
 72.29  and biennially thereafter of each even-numbered year, the 
 72.30  commissioner must submit a status report on the plan to the 
 72.31  environmental quality board for review and then to 
 72.32  the legislative water commission house of representatives and 
 72.33  senate committees with jurisdiction over the environment, 
 72.34  natural resources, and agriculture. 
 72.35     Sec. 6.  Minnesota Statutes 1998, section 18E.06, is 
 72.36  amended to read: 
 73.1      18E.06 [REPORT TO WATER COMMISSION.] 
 73.2      By September 1, 1994, and of each year thereafter, the 
 73.3   agricultural chemical response compensation board and the 
 73.4   commissioner shall submit to the house of representatives 
 73.5   committee on ways and means, the senate committee on 
 73.6   finance, the house of representatives and senate committees with 
 73.7   jurisdiction over the environment, natural resources, and 
 73.8   agriculture, and the environmental quality board, and the 
 73.9   legislative water commission a report detailing the activities 
 73.10  and reimbursements for which money from the account has been 
 73.11  spent during the previous year. 
 73.12     Sec. 7.  Minnesota Statutes 1998, section 103A.43, is 
 73.13  amended to read: 
 73.14     103A.43 [WATER ASSESSMENTS AND REPORTS.] 
 73.15     (a) The environmental quality board shall evaluate and 
 73.16  report to the legislative water commission house of 
 73.17  representatives and senate committees with jurisdiction over the 
 73.18  environment, natural resources, and agriculture and the 
 73.19  legislative commission on Minnesota resources on statewide water 
 73.20  research needs and recommended priorities for addressing these 
 73.21  needs.  Local water research needs may also be included.  
 73.22     (b) The environmental quality board shall work with the 
 73.23  pollution control agency and the department of agriculture to 
 73.24  coordinate a biennial assessment and analysis of water quality, 
 73.25  groundwater degradation trends, and efforts to reduce, prevent, 
 73.26  minimize, and eliminate degradation of water.  The assessment 
 73.27  and analysis must include an analysis of relevant monitoring 
 73.28  data. 
 73.29     (c) The environmental quality board shall work with the 
 73.30  department of natural resources to coordinate an assessment and 
 73.31  analysis of the quantity of surface and ground water in the 
 73.32  state and the availability of water to meet the state's needs. 
 73.33     (d) The environmental quality board shall coordinate and 
 73.34  submit a report on water policy including the analyses in 
 73.35  paragraphs (a) to (c) to the legislative water commission house 
 73.36  of representatives and senate committees with jurisdiction over 
 74.1   the environment, natural resources, and agriculture and the 
 74.2   legislative commission on Minnesota resources by September 15 of 
 74.3   each even-numbered year.  The report may include the groundwater 
 74.4   policy report in section 103A.204. 
 74.5      Sec. 8.  Minnesota Statutes 1998, section 103B.321, 
 74.6   subdivision 1, is amended to read: 
 74.7      Subdivision 1.  [GENERAL.] The board shall:  
 74.8      (1) develop guidelines for the contents of comprehensive 
 74.9   water plans that provide for a flexible approach to meeting the 
 74.10  different water and related land resources needs of counties and 
 74.11  watersheds across the state; 
 74.12     (2) coordinate assistance of state agencies to counties and 
 74.13  other local units of government involved in preparation of 
 74.14  comprehensive water plans, including identification of pertinent 
 74.15  data and studies available from the state and federal 
 74.16  government; 
 74.17     (3) conduct an active program of information and education 
 74.18  concerning the requirements and purposes of sections 103B.301 to 
 74.19  103B.355 in conjunction with the association of Minnesota 
 74.20  counties; 
 74.21     (4) determine contested cases under section 103B.345; 
 74.22     (5) establish a process for review of comprehensive water 
 74.23  plans that assures the plans are consistent with state law; 
 74.24     (6) report to the legislative commission on Minnesota house 
 74.25  of representatives and senate committees with jurisdiction over 
 74.26  the environment, natural resources, and agriculture as required 
 74.27  by section 103B.351; and 
 74.28     (7) make grants to counties for comprehensive local water 
 74.29  planning, implementation of priority actions identified in 
 74.30  approved plans, and sealing of abandoned wells. 
 74.31     Sec. 9.  Minnesota Statutes 1998, section 103B.351, is 
 74.32  amended to read: 
 74.33     103B.351 [COMMISSION OVERSIGHT; REPORT REQUIRED.] 
 74.34     The board shall, on or before January 15 of each year, 
 74.35  submit to the legislative water commission house of 
 74.36  representatives and senate committees with jurisdiction over the 
 75.1   environment, natural resources, and agriculture a written report 
 75.2   on the board's functions and the implementation of sections 
 75.3   103B.201 to 103B.355 since the previous report under this 
 75.4   section was submitted.  The report to the commission committees 
 75.5   must include the board's recommendations for changes to sections 
 75.6   103B.201 to 103B.355 and any recommendations for funding.  The 
 75.7   board shall also report to the commission committees at other 
 75.8   times requested by the commission committees.  The commission 
 75.9   may make recommendations to the legislature concerning the 
 75.10  funding, implementation, and amendment of sections 103B.201 to 
 75.11  103B.355.  
 75.12     Sec. 10.  Minnesota Statutes 1998, section 103F.461, is 
 75.13  amended to read: 
 75.14     103F.461 [GROUNDWATER EDUCATION.] 
 75.15     (a) In each even-numbered year, the board of water and soil 
 75.16  resources must review groundwater education activities with 
 75.17  local units of government and develop recommendations for 
 75.18  improvement in a report to the environmental quality board for 
 75.19  review and then to the legislative water commission house of 
 75.20  representatives and senate committees with jurisdiction over the 
 75.21  environment, natural resources, and agriculture as part of the 
 75.22  groundwater policy report in section 103A.204.  The board must 
 75.23  work with agencies and interested groups with responsibility for 
 75.24  groundwater education in preparing the report. 
 75.25     (b) The board must ensure that the biennial review of 
 75.26  groundwater education with local units of government is 
 75.27  coordinated with the Minnesota environmental education advisory 
 75.28  board and the nonpoint source education and information strategy 
 75.29  of the pollution control agency. 
 75.30     (c) Grants for innovative groundwater education strategies 
 75.31  to local units of government identified in this section may be 
 75.32  awarded by the board of water and soil resources. 
 75.33     Sec. 11.  Minnesota Statutes 1998, section 103H.175, 
 75.34  subdivision 3, is amended to read: 
 75.35     Subd. 3.  [REPORT.] In each even-numbered year, the 
 75.36  pollution control agency, in cooperation with other agencies 
 76.1   participating in the monitoring of water resources, shall 
 76.2   provide a draft report on the status of groundwater monitoring 
 76.3   to the environmental quality board for review and then to the 
 76.4   legislative water commission house of representatives and senate 
 76.5   committees with jurisdiction over the environment, natural 
 76.6   resources, and agriculture as part of the report in section 
 76.7   103A.204. 
 76.8      Sec. 12.  Minnesota Statutes 1998, section 103H.275, is 
 76.9   amended to read: 
 76.10     103H.275 [MANAGEMENT OF POLLUTANTS WHERE GROUNDWATER IS 
 76.11  POLLUTED.] 
 76.12     Subdivision 1.  [AREAS WHERE GROUNDWATER POLLUTION IS 
 76.13  DETECTED.] (a) If groundwater pollution is detected, a state 
 76.14  agency or political subdivision that regulates an activity 
 76.15  causing or potentially causing a contribution to the pollution 
 76.16  identified shall promote implementation of best management 
 76.17  practices to prevent or minimize the source of pollution to the 
 76.18  extent practicable.  
 76.19     (b) The pollution control agency, or for agricultural 
 76.20  chemicals and practices, the commissioner of agriculture may 
 76.21  adopt water source protection requirements under subdivision 2 
 76.22  that are consistent with the goal of section 103H.001 and are 
 76.23  commensurate with the groundwater pollution if the 
 76.24  implementation of best management practices has proven to be 
 76.25  ineffective. 
 76.26     (c) The water resources protection requirements must be: 
 76.27     (1) designed to prevent and minimize the pollution to the 
 76.28  extent practicable; 
 76.29     (2) designed to prevent the pollution from exceeding the 
 76.30  health risk limits; and 
 76.31     (3) submitted to the legislative water commission house of 
 76.32  representatives and senate committees with jurisdiction over the 
 76.33  environment, natural resources, and agriculture. 
 76.34     Subd. 2.  [ADOPTION OF WATER RESOURCE PROTECTION 
 76.35  REQUIREMENTS.] (a) The pollution control agency, or for 
 76.36  agricultural chemicals and practices, the commissioner of 
 77.1   agriculture shall adopt by rule water resource protection 
 77.2   requirements that are consistent with the goal of section 
 77.3   103H.001 to prevent and minimize the pollution to the extent 
 77.4   practicable.  The proposed rule must be submitted to the 
 77.5   legislative water commission for review house of representatives 
 77.6   and senate committees with jurisdiction over the environment, 
 77.7   natural resources, and agriculture before adoption.  The water 
 77.8   resource protection requirements must be based on the use and 
 77.9   effectiveness of best management practices, the product use and 
 77.10  practices contributing to the pollution detected, economic 
 77.11  factors, availability, technical feasibility, implementability, 
 77.12  and effectiveness.  The water resource protection requirements 
 77.13  may be adopted for one or more pollutants or a similar class of 
 77.14  pollutants.  A water resource protection requirement may not be 
 77.15  adopted before January 1, 1991. 
 77.16     (b) Before the water resource protection requirements are 
 77.17  adopted, the pollution control agency or the commissioner of 
 77.18  agriculture for agricultural chemicals and practices must notify 
 77.19  affected persons and businesses for comments and input in 
 77.20  developing the water resource protection requirements.  
 77.21     (c) Unless the water resource protection requirements are 
 77.22  to cover the entire state, the water resource protection 
 77.23  requirements are only effective in areas designated by the 
 77.24  commissioner of the pollution control agency by order or for 
 77.25  agricultural chemicals and practices in areas designated by the 
 77.26  commissioner of agriculture by order.  The procedures for 
 77.27  issuing the order and the effective date of the order must be 
 77.28  included in the water resource protection requirements rule.  
 77.29     (d) The water resource protection requirements rule must 
 77.30  contain procedures for notice to be given to persons affected by 
 77.31  the rule and order of the commissioner.  The procedures may 
 77.32  include notice by publication, personal service, and other 
 77.33  appropriate methods to inform affected persons of the rule and 
 77.34  commissioner's order.  
 77.35     (e) A person who is subject to a water resource protection 
 77.36  requirement may apply to the pollution control agency, or for 
 78.1   agricultural chemicals and practices the commissioner of 
 78.2   agriculture, and suggest an alternative protection requirement.  
 78.3   Within 60 days after receipt, the agency or commissioner of 
 78.4   agriculture must approve or deny the request.  If the pollution 
 78.5   control agency or commissioner of agriculture approves the 
 78.6   request, an order must be issued approving the alternative 
 78.7   protection requirement.  
 78.8      (f) A person who violates a water resource protection 
 78.9   requirement relating to pollutants, other than agricultural 
 78.10  chemicals, is subject to the penalties for violating a rule 
 78.11  adopted under chapter 116.  A person who violates a water 
 78.12  resource protection requirement relating to agricultural 
 78.13  chemicals and practices is subject to the penalties for 
 78.14  violating a rule adopted under chapter 18D. 
 78.15     Sec. 13.  Minnesota Statutes 1998, section 115B.20, 
 78.16  subdivision 6, is amended to read: 
 78.17     Subd. 6.  [REPORT TO LEGISLATURE.] Each year, the 
 78.18  commissioner of agriculture and the agency shall submit to the 
 78.19  senate finance committee, the house ways and means committee, 
 78.20  the environment and natural resources committees of the senate 
 78.21  and house of representatives, the finance division of the senate 
 78.22  committee on environment and natural resources, and the house of 
 78.23  representatives committee on environment and natural resources 
 78.24  finance, and the environmental quality board, and the 
 78.25  legislative water commission a report detailing the activities 
 78.26  for which money from the account has been spent during the 
 78.27  previous fiscal year.