2nd Engrossment - 80th Legislature (1997 - 1998) 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and omitted text and obsolete references; 1.4 eliminating certain redundant, conflicting, 1.5 unconstitutional, and superseded provisions; making 1.6 miscellaneous technical corrections to statutes and 1.7 other laws; amending Minnesota Statutes 1996, sections 1.8 3C.08, subdivision 1; 3C.12, subdivision 4; 10A.01, 1.9 subdivision 19; 10A.323; 11A.04; 14.47, subdivision 3; 1.10 15A.082, subdivisions 1 and 3; 16B.51, subdivision 1; 1.11 32.70, subdivisions 2 and 10; 47.27, subdivision 1; 1.12 47.325; 48.846, subdivision 3; 62J.17, subdivision 2; 1.13 62Q.03, subdivision 6; 82A.11, subdivision 5; 1.14 97A.0455, subdivision 2; 115A.191, subdivisions 2 and 1.15 4; 115B.17, subdivision 6; 115B.25, subdivision 7a; 1.16 127.09; 127.17, subdivision 4; 134A.01; 144.651, 1.17 subdivision 1; 144A.45, subdivision 2; 144A.46, 1.18 subdivision 4; 144A.48, subdivision 2; 145.698, 1.19 subdivision 1; 145C.01, subdivision 7; 147.02, 1.20 subdivision 1; 147B.01, subdivisions 5, 12, and 16; 1.21 147B.02, subdivisions 4, 7, 9, and 12; 147B.03, 1.22 subdivisions 1 and 4; 147B.05, subdivision 1; 148B.21, 1.23 subdivisions 1 and 8; 148B.24; 148B.27, subdivision 1.24 2b; 154.161, subdivision 4; 157.17, subdivision 3; 1.25 164.08, subdivision 3; 169.421, subdivisions 5 and 7; 1.26 169.792, subdivision 7; 169.86, subdivision 1; 1.27 169.871, subdivision 2; 169.965, subdivision 3; 1.28 169.966, subdivision 3; 169.971, subdivision 4; 1.29 169.99, subdivision 3; 190.08, subdivision 6; 204B.11, 1.30 subdivisions 1 and 2; 204B.34, subdivision 3; 204C.35, 1.31 subdivision 2; 204D.02, subdivision 1; 204D.08, 1.32 subdivision 6; 205A.10, subdivision 2; 206.90, 1.33 subdivision 3; 216C.01, subdivision 1; 256.9657, 1.34 subdivisions 1a and 7; 257.022, subdivisions 1 and 2a; 1.35 257.59, subdivision 1; 268.027; 273.13, subdivision 1; 1.36 273.1398, subdivision 6; 273.166, subdivision 2; 1.37 284.07; 325F.692, subdivision 2; 345.02; 345.03; 1.38 345.14; 346.04; 346.55, subdivision 2; 347.04; 353.01, 1.39 subdivision 2a; 383A.281, subdivision 13; 383A.286, 1.40 subdivision 2; 383A.404, subdivision 4; 383B.054, 1.41 subdivision 6; 383B.057; 383B.121, subdivision 1; 1.42 383B.129; 383B.225, subdivision 10; 393.07, 1.43 subdivision 9; 395.23; 448.56, subdivision 2; 458D.15; 1.44 462.16; 465.48; 473.191, subdivision 2; 473.197, 1.45 subdivision 2; 473.608, subdivision 17; 477A.011, 1.46 subdivision 27; 477A.0132, subdivision 3; 477A.014, 2.1 subdivisions 1 and 3; 480.052; 480.054; 480.055, 2.2 subdivision 1; 480.059, subdivision 2; 480.0591, 2.3 subdivision 2; 480.19; 484.66, subdivision 2; 485.01; 2.4 517.08, subdivision 1b; 550.07; 559.211, subdivision 2.5 1; 566.175, subdivision 1; 574.18; 574.34, subdivision 2.6 2; 574.35; 611A.21, subdivision 2; 611A.25, 2.7 subdivision 1; 617.27; 624.7131, subdivision 8; 2.8 624.7132, subdivision 13; 624.714, subdivision 12; 2.9 625.01; 626.21; 630.17; 631.04; 643.01; and 643.02; 2.10 Minnesota Statutes 1997 Supplement, sections 15.0591, 2.11 subdivision 2; 62J.04, subdivision 3; 62J.61, 2.12 subdivision 2; 62Q.01, subdivision 3; 85A.02, 2.13 subdivision 5b; 115.58, subdivision 2; 119A.15, 2.14 subdivision 5a; 144A.45, subdivision 1; 144A.4605, 2.15 subdivisions 3 and 4; 148B.20, subdivision 1; 157.17, 2.16 subdivision 2; 161.14, subdivision 41; 169.121, 2.17 subdivision 3e; 169.123, subdivision 6; 244.09, 2.18 subdivision 5; 260.015, subdivision 29; 268.145, 2.19 subdivision 1; 274.01, subdivision 1; 275.011, 2.20 subdivision 1; 275.065, subdivision 6; 297A.48, 2.21 subdivisions 1 and 10; 325D.32, subdivision 4; 2.22 325D.415; 326.921; 473.249, subdivision 1; 477A.011, 2.23 subdivision 34; 552.04, subdivision 1; 609.749, 2.24 subdivision 2; 609.7495, subdivision 1; and 611A.74, 2.25 subdivision 1a; repealing Minnesota Statutes 1996, 2.26 sections 13.99, subdivision 19g; 148.976; 157.17, 2.27 subdivision 4; 256.9657, subdivision 1b; 256E.06, 2.28 subdivision 9; 458D.14, subdivision 2; and 484.015; 2.29 Laws 1997, chapter 12, article 3, sections 2 and 3; 2.30 chapter 187, article 2, sections 11 and 12; chapter 2.31 219, section 3; chapter 225, article 2, sections 24, 2.32 25, 26, 27, and 28; chapter 226, section 10; and 2.33 chapter 239, article 7, section 37. 2.34 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.35 ARTICLE 1 2.36 GENERAL 2.37 Section 1. Minnesota Statutes 1996, section 10A.323, is 2.38 amended to read: 2.39 10A.323 [MATCHING REQUIREMENTS.] 2.40 In addition to the requirements of section 10A.322, to be 2.41 eligible to receive a public subsidy under section 10A.31
or2.42 10A.312a candidate or the candidate's treasurer shall file an 2.43 affidavit with the board stating that during that calendar year 2.44 the candidate has accumulated contributions from persons 2.45 eligible to vote in this state in the amount indicated for the 2.46 office sought, counting only the first $50 received from each 2.47 contributor: 2.48 (1) candidates for governor and lieutenant governor running 2.49 together, $35,000; 2.50 (2) candidates for attorney general, $15,000; 2.51 (3) candidates for secretary of state, state treasurer, and 2.52 state auditor, separately, $6,000; 3.1 (4) candidates for the senate, $3,000; and 3.2 (5) candidates for the house of representatives, $1,500. 3.3 To be eligible to receive a public matching subsidy under3.4 section 10A.312,The affidavit must state the total amount of 3.5 contributions that have been received from persons eligible to 3.6 vote in this state and the total amount of those contributions 3.7 received, disregarding the portion of any contribution in excess 3.8 of $50. 3.9 The candidate or the candidate's treasurer shall submit the 3.10 affidavit required by this section to the board in writing by 3.11 September 1 of the general election year to receive the payment 3.12 based on the results of the primary election, by September 15 to 3.13 receive the payment made October 1, by October 1 to receive the 3.14 payment made October 15, by November 1 to receive the payment 3.15 made November 15, and by December 1 to receive the payment made 3.16 December 15. 3.17 Sec. 2. Minnesota Statutes 1996, section 11A.04, is 3.18 amended to read: 3.19 11A.04 [DUTIES AND POWERS.] 3.20 The state board shall: 3.21 (1) Act as trustees for each fund for which it invests or 3.22 manages money in accordance with the standard of care set forth 3.23 in section 11A.09 if state assets are involved and in accordance 3.24 with chapter 356A if pension assets are involved. 3.25 (2) Formulate policies and procedures deemed necessary and 3.26 appropriate to carry out its functions. Procedures adopted by 3.27 the board must allow fund beneficiaries and members of the 3.28 public to become informed of proposed board actions. Procedures 3.29 and policies of the board are not subject to the administrative 3.30 procedure act. 3.31 (3) Employ an executive director as provided in section 3.32 11A.07. 3.33 (4) Employ investment advisors and consultants as it deems 3.34 necessary. 3.35 (5) Prescribe policies concerning personal investments of 3.36 all employees of the board to prevent conflicts of interest. 4.1 (6) Maintain a record of its proceedings. 4.2 (7) As it deems necessary, establish advisory committees 4.3 subject to section 15.059 to assist the board in carrying out 4.4 its duties. 4.5 (8) Not permit state funds to be used for the underwriting 4.6 or direct purchase of municipal securities from the issuer or 4.7 the issuer's agent. 4.8 (9) Direct the state treasurer to sell property other than 4.9 money that has escheated to the state when the board determines 4.10 that sale of the property is in the best interest of the state. 4.11 Escheated property must be sold to the highest bidder in the 4.12 manner and upon terms and conditions prescribed by the board. 4.13 (10) Undertake any other activities necessary to implement 4.14 the duties and powers set forth in this section. 4.15 (11) Establish a formula or formulas to measure management 4.16 performance and return on investment. Except as provided by4.17 section 356.218,Public pension funds in the state shall utilize 4.18 the formula or formulas developed by the state board. 4.19 (12) Except as otherwise provided in article XI, section 8, 4.20 of the constitution of the state of Minnesota, employ, at its 4.21 discretion, qualified private firms to invest and manage the 4.22 assets of funds over which the state board has investment 4.23 management responsibility. There is annually appropriated to 4.24 the state board, from the assets of the funds for which the 4.25 state board utilizes a private investment manager, sums 4.26 sufficient to pay the costs of employing private firms. Each 4.27 year, by January 15, the board shall report to the governor and 4.28 legislature on the cost and the investment performance of each 4.29 investment manager employed by the board. 4.30 (13) Adopt an investment policy statement that includes 4.31 investment objectives, asset allocation, and the investment 4.32 management structure for the retirement fund assets under its 4.33 control. The statement may be revised at the discretion of the 4.34 state board. The state board shall seek the advice of the 4.35 council regarding its investment policy statement. Adoption of 4.36 the statement is not subject to chapter 14. 5.1 Sec. 3. [REPEALER; SECTION 13.99.] 5.2 Minnesota Statutes 1996, section 13.99, subdivision 19g, is 5.3 repealed. 5.4 Sec. 4. Minnesota Statutes 1996, section 14.47, 5.5 subdivision 3, is amended to read: 5.6 Subd. 3. [SOURCE OF TEXT.] In order to ensure that the 5.7 complete text of rules is included in the first compilation 5.8 published pursuant to subdivision 1, clause (2), and containing 5.9 the revisor's certificate, the revisor may use the Minnesota 5.10 Code of Agency Rules, the State Register, the rule files of the 5.11 secretary of state, the files of individual agencies, the 5.12 records of the administrative law judge's office, and the 5.13 records of the attorney general. The revisor is not required to 5.14 compare the text of a rule as shown by the other possible source 5.15 documents with the text of the rule in the secretary of state's 5.16 file. 5.17 If any comparison of documents shows there is a material 5.18 discrepancy in the text of the rule, the revisor shall include 5.19 in Minnesota Rules the text in the secretary of state's files 5.20 unless the discrepancy between the secretary of state's files 5.21 and any of the other documents is the result of an obvious 5.22 unintentional omission or clerical error. The text published by 5.23 the revisor shall correct those omissions and errors. The 5.24 revisor shall add an appropriate footnote describing the 5.25 apparent discrepancy in text. Before publication of Minnesota 5.26 Rules, the revisor shall also notify the agency whose rules are 5.27 affected, the attorney general, the chief administrative law 5.28 judge, and the legislative coordinating commission to review5.29 administrative rulesabout the omission or error. 5.30 If any comparison of documents shows that a rule has been 5.31 filed with the secretary of state but apparently has not been 5.32 published in the State Register as required by law the revisor 5.33 may, unless the attorney general objects, include the rule in 5.34 Minnesota Rules or omit the rule if the rule was a repeal but 5.35 shall add an appropriate footnote describing the apparent 5.36 fault. Before publication of Minnesota Rules, the revisor shall 6.1 notify the agency whose rules are affected, the attorney 6.2 general, the chief administrative law judge, and the legislative 6.3 commission to review administrative rules about the apparent 6.4 lack of publication. 6.5 If a comparison of documents shows that a rule as adopted 6.6 in the State Register has apparently not been filed with the 6.7 secretary of state, the revisor may not publish the rule in 6.8 Minnesota Rules unless the attorney general approves the 6.9 publication. Before publication of Minnesota Rules the revisor 6.10 shall notify the agency affected, the attorney general, the 6.11 chief administrative law judge and the legislative commission to 6.12 review administrative rules of the apparent lack of filing of 6.13 the rule. If the revisor publishes the rule, the revisor shall 6.14 add an appropriate footnote describing the apparent lack of 6.15 filing. 6.16 Sec. 5. Minnesota Statutes 1997 Supplement, section 6.17 15.0591, subdivision 2, is amended to read: 6.18 Subd. 2. [BODIES AFFECTED.] A member meeting the 6.19 qualifications in subdivision 1 must be appointed to the 6.20 following boards, commissions, advisory councils, task forces, 6.21 or committees: 6.22 (1) advisory council on battered women; 6.23 (2) advisory task force on the use of state facilities; 6.24 (3) alcohol and other drug abuse advisory council; 6.25 (4) board of examiners for nursing home administrators; 6.26 (5) board on aging; 6.27 (6) chiropractic examiners board; 6.28 (7) consumer advisory council on vocational rehabilitation; 6.29 (8) council on disability; 6.30 (9) council on affairs of Chicano/Latino people; 6.31 (10) council on Black Minnesotans; 6.32 (11) dentistry board; 6.33 (12) department of economic security advisory council; 6.34 (13) higher education services office; 6.35 (14) housing finance agency; 6.36 (15) Indian advisory council on chemical dependency; 7.1 (16) medical practice board; 7.2 (17) medical policy directional task force on mental 7.3 health; 7.4 (18) Minnesota employment and economic development task 7.5 force; 7.6 (19) Minnesota office of citizenship and volunteer services 7.7 advisory committee; 7.8 (20) Minnesota state arts board; 7.9 (21) mortuary sciences advisory council;7.10 (22)nursing board; 7.11 (23)(22) optometry board; 7.12 (24)(23) pharmacy board; 7.13 (25)(24) physical therapists council; 7.14 (26)(25) podiatry board; 7.15 (27)(26) psychology board; 7.16 (28)(27) veterans advisory committee. 7.17 Sec. 6. Minnesota Statutes 1996, section 16B.51, 7.18 subdivision 1, is amended to read: 7.19 Subdivision 1. [SUPERVISION BY COMMISSIONER.] The 7.20 commissioner shall supervise and control the making and 7.21 distribution of all reports and other publications of all kinds 7.22 issued by the state and state agencies when not otherwise 7.23 prescribed by law. The commissioner shall also prescribe the 7.24 manner and form of issuing reports required by sections 8.08; 7.25 16A.50; 35.03; 129D.02, subdivision 5; 256.01; 268.12,7.26 subdivision 2;299C.18; and 360.015, subdivision 17. 7.27 Sec. 7. Minnesota Statutes 1996, section 32.70, 7.28 subdivision 2, is amended to read: 7.29 Subd. 2. [BASIC COST.] (a) "Basic cost" for a processor 7.30 means the actual cost of the raw milk plus 75 percent of the 7.31 actual processing and handling costs for a selected class I or 7.32 class II dairy product. 7.33 (b) "Basic cost" for a wholesaler means the actual cost of 7.34 the selected class I or class II dairy product purchased from 7.35 the processor or another wholesaler. Basic cost for a7.36 wholesaler does not include any part of an over-order premium8.1 assessment under section 126.96.36.199 (c) "Basic cost" for a retailer means the actual cost of 8.3 the selected class I or class II dairy product purchased from a 8.4 processor or wholesaler. Basic cost for a retailer does not8.5 include any part of an over-order premium assessment under8.6 section 188.8.131.52 Sec. 8. Minnesota Statutes 1996, section 32.70, 8.8 subdivision 10, is amended to read: 8.9 Subd. 10. [SELL AT WHOLESALE; SALE AT WHOLESALE; WHOLESALE 8.10 SALES.] "Sell at wholesale," "sale at wholesale," and "wholesale 8.11 sales" mean sale or offer for sale of a selected class I dairy 8.12 product for purposes of resale or further processing or 8.13 manufacturing, but does not include a producer selling or 8.14 delivering milk to a processor. A delivery of selected class I8.15 dairy products to a retailer in Minnesota is a "sale at8.16 wholesale" if an assessment required under section 32.73 has not8.17 been paid.8.18 Sec. 9. Minnesota Statutes 1996, section 47.27, 8.19 subdivision 1, is amended to read: 8.20 Subdivision 1. Unless the language or context clearly 8.21 indicates that a different meaning is intended, the words, 8.22 terms, and phrases defined in subdivisions 2, 3 and 4, shall, 8.23 for the purposes of sections 47.27 to 47.3247.30, be given the 8.24 meanings subjoined to them. 8.25 Sec. 10. Minnesota Statutes 1996, section 47.325, is 8.26 amended to read: 8.27 47.325 [APPEAL AND JUDICIAL REVIEW.] 8.28 A savings bank aggrieved by any action or inaction of the 8.29 commissioner under sections 47.27 to 47.3247.30 may appeal 8.30 under sections 14.63 to 14.69. The scope of judicial review in 8.31 the proceedings is as provided in those sections. 8.32 Sec. 11. Minnesota Statutes 1997 Supplement, section 8.33 62J.04, subdivision 3, is amended to read: 8.34 Subd. 3. [COST CONTAINMENT DUTIES.] After obtaining the 8.35 advice and recommendations of the Minnesota health care 8.36 commission, the commissioner shall: 9.1 (1) establish statewide and regional cost containment goals 9.2 for total health care spending under this section and collect 9.3 data as described in sections 62J.3762J.38 to 62J.41 to monitor 9.4 statewide achievement of the cost containment goals; 9.5 (2) divide the state into no fewer than four regions, with 9.6 one of those regions being the Minneapolis/St. Paul metropolitan 9.7 statistical area but excluding Chisago, Isanti, Wright, and 9.8 Sherburne counties, for purposes of fostering the development of 9.9 regional health planning and coordination of health care 9.10 delivery among regional health care systems and working to 9.11 achieve the cost containment goals; 9.12 (3) provide technical assistance to regional coordinating 9.13 boards; 9.14 (4) monitor the quality of health care throughout the state 9.15 and take action as necessary to ensure an appropriate level of 9.16 quality; 9.17 (5) issue recommendations regarding uniform billing forms, 9.18 uniform electronic billing procedures and data interchanges, 9.19 patient identification cards, and other uniform claims and 9.20 administrative procedures for health care providers and private 9.21 and public sector payers. In developing the recommendations, 9.22 the commissioner shall review the work of the work group on 9.23 electronic data interchange (WEDI) and the American National 9.24 Standards Institute (ANSI) at the national level, and the work 9.25 being done at the state and local level. The commissioner may 9.26 adopt rules requiring the use of the Uniform Bill 82/92 form, 9.27 the National Council of Prescription Drug Providers (NCPDP) 3.2 9.28 electronic version, the Health Care Financing Administration 9.29 1500 form, or other standardized forms or procedures; 9.30 (6) undertake health planning responsibilities as provided 9.31 in section 62J.15; 9.32 (7) authorize, fund, or promote research and 9.33 experimentation on new technologies and health care procedures; 9.34 (8) within the limits of appropriations for these purposes, 9.35 administer or contract for statewide consumer education and 9.36 wellness programs that will improve the health of Minnesotans 10.1 and increase individual responsibility relating to personal 10.2 health and the delivery of health care services, undertake 10.3 prevention programs including initiatives to improve birth 10.4 outcomes, expand childhood immunization efforts, and provide 10.5 start-up grants for worksite wellness programs; 10.6 (9) undertake other activities to monitor and oversee the 10.7 delivery of health care services in Minnesota with the goal of 10.8 improving affordability, quality, and accessibility of health 10.9 care for all Minnesotans; and 10.10 (10) make the cost containment goal data available to the 10.11 public in a consumer-oriented manner. 10.12 Sec. 12. Minnesota Statutes 1996, section 62J.17, 10.13 subdivision 2, is amended to read: 10.14 Subd. 2. [DEFINITIONS.] For purposes of this section, the 10.15 terms defined in this subdivision have the meanings given. 10.16 (a) [ACCESS.] "Access" has the meaning given in section10.17 62J.2912, subdivision 2means the financial, temporal, and 10.18 geographic availability of health care to individuals who need 10.19 it. 10.20 (b) [CAPITAL EXPENDITURE.] "Capital expenditure" means an 10.21 expenditure which, under generally accepted accounting 10.22 principles, is not properly chargeable as an expense of 10.23 operation and maintenance. 10.24 (c) [COST.] "Cost" means the amount paid by consumers or 10.25 third party payers for health care services or products. 10.26 (d) [DATE OF THE MAJOR SPENDING COMMITMENT.] "Date of the 10.27 major spending commitment" means the date the provider formally 10.28 obligated itself to the major spending commitment. The 10.29 obligation may be incurred by entering into a contract, making a 10.30 down payment, issuing bonds or entering a loan agreement to 10.31 provide financing for the major spending commitment, or taking 10.32 some other formal, tangible action evidencing the provider's 10.33 intention to make the major spending commitment. 10.34 (e) [HEALTH CARE SERVICE.] "Health care service" means: 10.35 (1) a service or item that would be covered by the medical 10.36 assistance program under chapter 256B if provided in accordance 11.1 with medical assistance requirements to an eligible medical 11.2 assistance recipient; and 11.3 (2) a service or item that would be covered by medical 11.4 assistance except that it is characterized as experimental, 11.5 cosmetic, or voluntary. 11.6 "Health care service" does not include retail, 11.7 over-the-counter sales of nonprescription drugs and other retail 11.8 sales of health-related products that are not generally paid for 11.9 by medical assistance and other third-party coverage. 11.10 (f) [MAJOR SPENDING COMMITMENT.] "Major spending 11.11 commitment" means an expenditure in excess of $500,000 for: 11.12 (1) acquisition of a unit of medical equipment; 11.13 (2) a capital expenditure for a single project for the 11.14 purposes of providing health care services, other than for the 11.15 acquisition of medical equipment; 11.16 (3) offering a new specialized service not offered before; 11.17 (4) planning for an activity that would qualify as a major 11.18 spending commitment under this paragraph; or 11.19 (5) a project involving a combination of two or more of the 11.20 activities in clauses (1) to (4). 11.21 The cost of acquisition of medical equipment, and the 11.22 amount of a capital expenditure, is the total cost to the 11.23 provider regardless of whether the cost is distributed over time 11.24 through a lease arrangement or other financing or payment 11.25 mechanism. 11.26 (g) [MEDICAL EQUIPMENT.] "Medical equipment" means fixed 11.27 and movable equipment that is used by a provider in the 11.28 provision of a health care service. "Medical equipment" 11.29 includes, but is not limited to, the following: 11.30 (1) an extracorporeal shock wave lithotripter; 11.31 (2) a computerized axial tomography (CAT) scanner; 11.32 (3) a magnetic resonance imaging (MRI) unit; 11.33 (4) a positron emission tomography (PET) scanner; and 11.34 (5) emergency and nonemergency medical transportation 11.35 equipment and vehicles. 11.36 (h) [NEW SPECIALIZED SERVICE.] "New specialized service" 12.1 means a specialized health care procedure or treatment regimen 12.2 offered by a provider that was not previously offered by the 12.3 provider, including, but not limited to: 12.4 (1) cardiac catheterization services involving high-risk 12.5 patients as defined in the Guidelines for Coronary Angiography 12.6 established by the American Heart Association and the American 12.7 College of Cardiology; 12.8 (2) heart, heart-lung, liver, kidney, bowel, or pancreas 12.9 transplantation service, or any other service for 12.10 transplantation of any other organ; 12.11 (3) megavoltage radiation therapy; 12.12 (4) open heart surgery; 12.13 (5) neonatal intensive care services; and 12.14 (6) any new medical technology for which premarket approval 12.15 has been granted by the United States Food and Drug 12.16 Administration, excluding implantable and wearable devices. 12.17 Sec. 13. [REPEALER; SECTIONS 62J.2914, 62J.2915, 62J.2916, 12.18 62J.2917, and 62J.2921 CONFLICT.] 12.19 Laws 1997, chapter 225, article 2, sections 24, 25, 26, 27, 12.20 and 28, are repealed. 12.21 Sec. 14. Minnesota Statutes 1997 Supplement, section 12.22 62J.61, subdivision 2, is amended to read: 12.23 Subd. 2. [PROCEDURE.] (a) The commissioner shall publish 12.24 proposed rules in the State Register or, if the commissioner 12.25 determines that publishing the text of the proposed rules would 12.26 be unduly cumbersome, shall publish notice of the proposed rules 12.27 that contains a detailed description of the rules along with a 12.28 statement that a free copy of the entire set of rules is 12.29 available upon request to the agency. 12.30 (b) Interested parties have 30 days to comment on the 12.31 proposed rules. After the commissioner has considered all 12.32 comments, the commissioner shall publish notice in the State 12.33 Register that the rules have been adopted 30 days before they 12.34 are to take effect. 12.35 (c) If the adopted rules are the same as the proposed 12.36 rules, the notice shall state that the rules have been adopted 13.1 as proposed and shall cite the prior publication. If the 13.2 adopted rules differ from the proposed rules, the portions of 13.3 the adopted rules which differ from the proposed rules shall be 13.4 included in the notice of adoption together with a citation to 13.5 the prior State Register that contained the notice of the 13.6 proposed rules. 13.7 (d) The commissioner may use rulemaking to implement the13.8 remainder of this articlesections 62J.54, subdivision 4, 13.9 62J.55, and 62J.60. 13.10 Sec. 15. Minnesota Statutes 1997 Supplement, section 13.11 62Q.01, subdivision 3, is amended to read: 13.12 Subd. 3. [HEALTH PLAN.] "Health plan" means a health plan 13.13 as defined in section 62A.011 ;or a policy, contract, or 13.14 certificate issued by a community integrated service network. 13.15 Sec. 16. Minnesota Statutes 1996, section 62Q.03, 13.16 subdivision 6, is amended to read: 13.17 Subd. 6. [CREATION OF RISK ADJUSTMENT ASSOCIATION.] The 13.18 Minnesota risk adjustment association is created on July 1, 13.19 1994, and may operate as a nonprofit unincorporated association, 13.20 but is authorized to incorporate under chapter 317A. 13.21 The provisions of this chapter govern if the provisions of 13.22 chapter 317A conflict with this chapter. The association may 13.23 operate under the approved plan of operation and shall be 13.24 governed in accordance with this chapter and may operate in 13.25 accordance with chapter 317A. If the association incorporates 13.26 as a nonprofit corporation under chapter 317A, the filing of the 13.27 plan of operation meets the requirements of filing articles of 13.28 incorporation. 13.29 The association, its transactions, and all property owned 13.30 by it are exempt from taxation under the laws of this state or 13.31 any of its subdivisions, including, but not limited to, income 13.32 tax, sales tax, use tax, and property tax. The association may 13.33 seek exemption from payment of all fees and taxes levied by the 13.34 federal government. Except as otherwise provided in this 13.35 chapter, the association is not subject to the provisions of 13.36 chapters 14, 60A, and 62A , and 62P. The association is not a 14.1 public employer and is not subject to the provisions of chapters 14.2 179A and 353. The board of directors and health carriers who 14.3 are members of the association are exempt from sections 325D.49 14.4 to 325D.66 in the performance of their duties as directors and 14.5 members of the association. The risk adjustment association is 14.6 subject to the open meeting law. 14.7 Sec. 17. Minnesota Statutes 1996, section 82A.11, 14.8 subdivision 5, is amended to read: 14.9 Subd. 5. [NOTICE.] Each membership camping contract shall 14.10 contain the following notice which shall be in at least 10-point 14.11 type, stating: 14.12 "You are entitled to rescind this agreement for any reason 14.13 within three calendarfive business days from the day you 14.14 actually receive a legible copy of this document signed by all 14.15 parties. The rescission must be in writing and sent by 14.16 certified mail to the membership camping operator along with 14.17 this agreement and any membership card issued to you or your 14.18 family at the address stated in this document. Upon rescission, 14.19 you will receive a refund of all money paid within 30 days after 14.20 the membership camping operator receives notice of your 14.21 rescission." 14.22 The operator or broker may impose a fee of not more than 14.23 $25 for processing of a rescission. If the operator or broker 14.24 does so, it shall add the following clause to the notice: 14.25 "provided that the membership camping operator (or broker, if 14.26 the seller is a broker) may retain a processing fee of $......," 14.27 and insert the amount of the charge to be imposed. 14.28 In the event the membership camping contract is sold by a 14.29 broker or the broker's salesperson, the above notice shall be 14.30 modified to substitute the name of the broker for "membership 14.31 camping operator." 14.32 Sec. 18. [REPEALER; SECTION 84.873 CONFLICT.] 14.33 Laws 1997, chapter 226, section 10, is repealed. 14.34 Sec. 19. [REPEALER; SECTION 84.912 CONFLICT.] 14.35 Laws 1997, chapter 12, article 3, section 2, is repealed. 14.36 Sec. 20. Minnesota Statutes 1997 Supplement, section 15.1 85A.02, subdivision 5b, is amended to read: 15.2 Subd. 5b. [EXEMPTIONS.] The board is not subject to 15.3 sections 3.841 to 3.8453.843, 15.057, 15.061, 16A.1285, and 15.4 16A.28; chapter 16B, except for sections 16B.07, 16B.102, 15.5 16B.17, 16B.19, 16B.35, and 16B.55; and chapter 14, except 15.6 section 14.386, paragraph (a), clauses (1) and (3). Section 15.7 14.386, paragraph (b), does not apply to the board's actions. 15.8 Sec. 21. [REPEALER; SECTION 86B.337 CONFLICT.] 15.9 Laws 1997, chapter 12, article 3, section 3, is repealed. 15.10 Sec. 22. Minnesota Statutes 1996, section 97A.0455, 15.11 subdivision 2, is amended to read: 15.12 Subd. 2. [REVIEW.] The attorney general shall review the 15.13 proposed emergency rule as to its legality, review its form to 15.14 the extent the form relates to legality, and shall approve or 15.15 disapprove the proposed emergency rule and any modifications on 15.16 the tenth working day following the date of receipt of the 15.17 proposed emergency rule from the commissioner. The attorney 15.18 general shall send a statement of reasons for disapproval of the 15.19 rule to the commissioner, the chief administrative law judge, 15.20 the legislative coordinating commission to review administrative15.21 rules, and to the revisor of statutes. 15.22 The attorney general shall disregard any error or defect in 15.23 the proceeding due to the commissioner's failure to satisfy any 15.24 procedural requirement imposed by law or rule if the attorney 15.25 general finds: 15.26 (1) that the failure did not deprive any person or entity 15.27 of an opportunity to participate meaningfully in the rulemaking 15.28 process; or 15.29 (2) that the commissioner has taken corrective action to 15.30 cure the error or defect so that the failure did not deprive any 15.31 person or entity of an opportunity to participate meaningfully 15.32 in the rulemaking process. 15.33 Sec. 23. Minnesota Statutes 1997 Supplement, section 15.34 115.58, subdivision 2, is amended to read: 15.35 Subd. 2. [AREAWIDE PERMIT.] The agency may issue an 15.36 areawide permit for alternative discharging sewage systems ,16.1 where the systems: 16.2 (1) the systems meet all applicable federal and state 16.3 standards for treatment and discharge of sewage effluents by the 16.4 agency; 16.5 (2) the systems are part of a water quality treatment and 16.6 management plan to prevent, eliminate, or reduce water pollution 16.7 within a defined geographic area; 16.8 (3) the systems are owned or controlled by a water quality 16.9 cooperative; and 16.10 (4) the water quality cooperative has a service agreement 16.11 with a local unit of government to provide water quality 16.12 treatment and management services for the area under section 16.13 471A.03. 16.14 Sec. 24. Minnesota Statutes 1996, section 115A.191, 16.15 subdivision 2, is amended to read: 16.16 Subd. 2. [RESOLUTION OF INTEREST IN NEGOTIATING; 16.17 ELIGIBILITY.] A county is eligible to negotiate a contract under 16.18 this section if the county board files with the office and the 16.19 office accepts a resolution adopted by the county board that 16.20 expresses the county board's interest in negotiations and its 16.21 willingness to accept the preliminary evaluation of one or more 16.22 study areas in the county for consideration as a location of a 16.23 stabilization and containment facility. The county board 16.24 resolution expressing interest in negotiations must provide for 16.25 county cooperation with the office, as necessary to facilitate 16.26 the evaluation of study areas in the county, and for the 16.27 appointment of a member of the county board or an officer or 16.28 employee of the county as official liaison with the office with 16.29 respect to the matters provided in the resolution and future 16.30 negotiations with the office. A county board by resolution may 16.31 withdraw a resolution of interest, and the office may withdraw 16.32 its acceptance of such a resolution, at any time before the 16.33 parties execute a contract under this section. A county that is16.34 eligible to negotiate a contract shall receive the benefits as16.35 provided in section 477A.012.16.36 Sec. 25. Minnesota Statutes 1996, section 115A.191, 17.1 subdivision 4, is amended to read: 17.2 Subd. 4. [REQUIREMENTS OF CONTRACT.] A contract between 17.3 the office and a county must include provisions by which: 17.4 (a) the state, acting through the office, agrees to 17.5 implement the terms of the contract and provide the benefits and 17.6 implement the procedures and practices agreed upon pursuant to 17.7 subdivision 5; 17.8 (b) the state, acting through the office, agrees to provide17.9 benefits to the county under section 477A.012;and 17.10 (c)(b) the county agrees that the study area or areas in 17.11 the county that have been determined by the office to be 17.12 appropriate for preparation of an environmental impact statement 17.13 are subject to evaluation and selection by the office as 17.14 provided in section 115A.194. 17.15 After executing the contract, the study areas identified in 17.16 the contract remain subject to the provisions of section 17.17 115A.194 until the study areas are dismissed from further 17.18 consideration by the office. 17.19 Sec. 26. Minnesota Statutes 1996, section 115B.17, 17.20 subdivision 6, is amended to read: 17.21 Subd. 6. [RECOVERY OF EXPENSES.] Any reasonable and 17.22 necessary expenses incurred by the agency or commissioner 17.23 pursuant to this section, including all response costs, and 17.24 administrative and legal expenses, may be recovered in a civil 17.25 action brought by the attorney general against any person who 17.26 may be liable under section 115B.04 or any other law. The 17.27 agency's certification of expenses shall be prima facie evidence 17.28 that the expenses are reasonable and necessary. Any expenses 17.29 incurred pursuant to this section which are recovered by the 17.30 attorney general pursuant to section 115B.04 or any other law, 17.31 including any award of attorneys fees, shall be deposited in the 17.32 fund and credited to a special account for additional response 17.33 actions as provided in section 115B.20, subdivision 2, clause 17.34 (b)(2) or (d)(4). 17.35 Sec. 27. Minnesota Statutes 1996, section 115B.25, 17.36 subdivision 7a, is amended to read: 18.1 Subd. 7a. [HARMFUL SUBSTANCE.] "Harmful substance" means: 18.2 (1) any commercial chemical designated under the Federal 18.3 Water Pollution Control Act, United States Code, title 33, 18.4 section 1321(b)(2)(A); 18.5 (2) any hazardous air pollutant listed under the Clean Air 18.6 Act, United States Code, title 42, section 7412; 18.7 (3) any hazardous waste; 18.8 (4) petroleum as defined in section 115C.02, subdivision 18.9 10; and 18.10 (5) pesticide as defined in chapter 18B, or fertilizer, 18.11 plant amendment, or soil amendment as defined in chapter 1718C. 18.12 Sec. 28. Minnesota Statutes 1997 Supplement, section 18.13 119A.15, subdivision 5a, is amended to read: 18.14 Subd. 5a. [EXCLUDED PROGRAMS.] Programs transferred to the 18.15 department of children, families, and learning from the 18.16 department of economic security may not be included in the 18.17 consolidated funding account and are ineligible for local 18.18 consolidation. The commissioner may not apply for federal 18.19 waivers to include these programs in funding consolidation 18.20 initiatives. The programs include the following: 18.21 (1) programs for the homeless under sections 268.365 ,and 18.22 268.38 , and 268.39; 18.23 (2) emergency energy assistance and energy conservation 18.24 programs under sections 4.071 and 268.371; 18.25 (3) weatherization programs under section 268.37; 18.26 (4) foodshelf programs under section 268.55 and the 18.27 emergency food assistance program; and 18.28 (5) lead abatement programs under section 268.92. 18.29 Sec. 29. [REPEALER WITHOUT EFFECT; SECTION 119B.03.] 18.30 Subdivision 1. The repeal of Minnesota Statutes, section 18.31 119B.03, subdivision 7, by Laws 1997, chapter 162, article 1, 18.32 section 19, is without effect and section 119B.03, subdivision 18.33 7, as amended by Laws 1997, chapter 162, article 4, section 14, 18.34 remains in effect after June 30, 1997. 18.35 Subd. 2. Subdivision 1 is effective July 1, 1997. 18.36 Sec. 30. Minnesota Statutes 1997 Supplement, section 19.1 144A.45, subdivision 1, is amended to read: 19.2 Subdivision 1. [RULES.] The commissioner shall adopt rules 19.3 for the regulation of home care providers pursuant to sections 19.4 144A.43 to 144A.49144A.48. The rules shall include the 19.5 following: 19.6 (a) provisions to assure, to the extent possible, the 19.7 health, safety and well-being, and appropriate treatment of 19.8 persons who receive home care services; 19.9 (b) requirements that home care providers furnish the 19.10 commissioner with specified information necessary to implement 19.11 sections 144A.43 to 144A.49144A.48; 19.12 (c) standards of training of home care provider personnel, 19.13 which may vary according to the nature of the services provided 19.14 or the health status of the consumer; 19.15 (d) standards for medication management which may vary 19.16 according to the nature of the services provided, the setting in 19.17 which the services are provided, or the status of the consumer. 19.18 Medication management includes the central storage, handling, 19.19 distribution, and administration of medications; 19.20 (e) standards for supervision of home care services 19.21 requiring supervision by a registered nurse or other appropriate 19.22 health care professional which must occur on site at least every 19.23 62 days, or more frequently if indicated by a clinical 19.24 assessment, and in accordance with sections 148.171 to 148.285 19.25 and rules adopted thereunder; 19.26 (f) standards for client evaluation or assessment which may 19.27 vary according to the nature of the services provided or the 19.28 status of the consumer; 19.29 (g) requirements for the involvement of a consumer's 19.30 physician, the documentation of physicians' orders, if required, 19.31 and the consumer's treatment plan, and the maintenance of 19.32 accurate, current clinical records; 19.33 (h) the establishment of different classes of licenses for 19.34 different types of providers and different standards and 19.35 requirements for different kinds of home care services; and 19.36 (i) operating procedures required to implement the home 20.1 care bill of rights. 20.2 Sec. 31. Minnesota Statutes 1996, section 144A.45, 20.3 subdivision 2, is amended to read: 20.4 Subd. 2. [REGULATORY FUNCTIONS.] (a) The commissioner 20.5 shall: 20.6 (1) evaluate, monitor, and license home care providers in 20.7 accordance with sections 144A.45 to 144A.49144A.48; 20.8 (2) inspect the office and records of a provider during 20.9 regular business hours without advance notice to the home care 20.10 provider; 20.11 (3) with the consent of the consumer, visit the home where 20.12 services are being provided; 20.13 (4) issue correction orders and assess civil penalties in 20.14 accordance with section 144.653, subdivisions 5 to 8, for 20.15 violations of sections 144A.43 to 144A.48 or the rules adopted 20.16 under those sections; and 20.17 (5) take other action reasonably required to accomplish the 20.18 purposes of sections 144A.43 to 144A.49144A.48. 20.19 (b) In the exercise of the authority granted in sections 20.20 144A.43 to 144A.49144A.48, the commissioner shall comply with 20.21 the applicable requirements of section 144.122, the government 20.22 data practices act, and the administrative procedure act. 20.23 Sec. 32. Minnesota Statutes 1996, section 144A.46, 20.24 subdivision 4, is amended to read: 20.25 Subd. 4. [RELATION TO OTHER REGULATORY PROGRAMS.] In the 20.26 exercise of the authority granted under sections 144A.43 to 20.27 144A.49144A.48, the commissioner shall not duplicate or replace 20.28 standards and requirements imposed under another state 20.29 regulatory program. The commissioner shall not impose 20.30 additional training or education requirements upon members of a 20.31 licensed or registered occupation or profession, except as 20.32 necessary to address or prevent problems that are unique to the 20.33 delivery of services in the home or to enforce and protect the 20.34 rights of consumers listed in section 144A.44. The commissioner 20.35 of health shall not require a home care provider certified under 20.36 the Medicare program to comply with a rule adopted under section 21.1 144A.45 if the home care provider is required to comply with any 21.2 equivalent federal law or regulation relating to the same 21.3 subject matter. The commissioner of health shall specify in the 21.4 rules those provisions that are not applicable to certified home 21.5 care providers. To the extent possible, the commissioner shall 21.6 coordinate the inspections required under sections 144A.45 to 21.7 144A.48 with the health facility licensure inspections required 21.8 under sections 144.50 to 144.58 or 144A.10 when the health care 21.9 facility is also licensed under the provisions of Laws 1987, 21.10 chapter 378. 21.11 Sec. 33. Minnesota Statutes 1997 Supplement, section 21.12 144A.4605, subdivision 3, is amended to read: 21.13 Subd. 3. [TRAINING OR COMPETENCY EVALUATIONS REQUIRED.] 21.14 (a) Unlicensed personnel must: 21.15 (1) satisfy the training or competency requirements 21.16 established by rule under sections 144A.45 to 144A.48; or 21.17 (2) be trained or determined competent by a registered 21.18 nurse in each task identified under Minnesota Rules, part 21.19 4668.0100, subparts 1 and 2, when offered to clients in a 21.20 housing with services establishment as described in paragraphs 21.21 (b) to (e). 21.22 (b) Training for tasks identified under Minnesota Rules, 21.23 part 4668.0100, subparts 1 and 2, shall use a curriculum which 21.24 meets the requirements in Minnesota Rules, part 4668.0130. 21.25 (c) Competency evaluations for tasks identified under 21.26 Minnesota Rules, part 4668.0100, subparts 1 and 2, must be 21.27 completed and documented by a registered nurse. 21.28 (d) Unlicensed personnel performing tasks identified under 21.29 Minnesota Rules, part 4668.0100, subparts 1 and 2, shall be 21.30 trained or demonstrate competency in the following topics: 21.31 (1) an overview of sections 144A.43 to 144A.49144A.48 and 21.32 rules adopted thereunder; 21.33 (2) recognition and handling of emergencies and use of 21.34 emergency services; 21.35 (3) reporting the maltreatment of vulnerable minors or 21.36 adults under sections 626.556 and 626.557; 22.1 (4) home care bill of rights; 22.2 (5) handling of clients' complaints and reporting of 22.3 complaints to the office of health facility complaints; 22.4 (6) services of the ombudsman for older Minnesotans; 22.5 (7) observation, reporting, and documentation of client 22.6 status and of the care or services provided; 22.7 (8) basic infection control; 22.8 (9) maintenance of a clean, safe, and healthy environment; 22.9 (10) communication skills; 22.10 (11) basic elements of body functioning and changes in body 22.11 function that must be reported to an appropriate health care 22.12 professional; and 22.13 (12) physical, emotional, and developmental needs of 22.14 clients, and ways to work with clients who have problems in 22.15 these areas, including respect for the client, the client's 22.16 property, and the client's family. 22.17 (e) Unlicensed personnel who administer medications must 22.18 comply with rules relating to the administration of medications 22.19 in Minnesota Rules, part 4668.0100, subpart 2, except that 22.20 unlicensed personnel need not comply with the requirements of 22.21 Minnesota Rules, part 4668.0100, subpart 5. 22.22 Sec. 34. Minnesota Statutes 1997 Supplement, section 22.23 144A.4605, subdivision 4, is amended to read: 22.24 Subd. 4. [LICENSE REQUIRED.] (a) A housing with services 22.25 establishment registered under chapter 144D that is required to 22.26 obtain a home care license must obtain an assisted living home 22.27 care license according to this section or a class A license 22.28 according to rule. 22.29 (b) A board and lodging establishment registered for 22.30 special services as of December 31, 1996, and also registered as 22.31 a housing with services establishment under chapter 144D, must 22.32 deliver home care services according to sections 144A.43 to 22.33 144A.49144A.48, and may apply for a waiver from requirements 22.34 under Minnesota Rules, parts 4668.0002 to 4668.0240, to operate 22.35 a licensed agency under the standards of section 157.17. Such 22.36 waivers as may be granted by the department will expire upon 23.1 promulgation of home care rules implementing section 144A.4605. 23.2 (c) An adult foster care provider licensed by the 23.3 department of human services and registered under chapter 144D 23.4 may continue to provide health-related services under its foster 23.5 care license until the promulgation of home care rules 23.6 implementing this section. 23.7 Sec. 35. Minnesota Statutes 1996, section 144A.48, 23.8 subdivision 2, is amended to read: 23.9 Subd. 2. [LICENSE REQUIREMENTS.] A hospice program may not 23.10 operate in the state or use the words "hospice" or "hospice 23.11 program" without a current license issued by the commissioner of 23.12 health. The commissioner shall license hospice programs using 23.13 the powers and authorities contained in sections 144A.43 to 23.14 144A.47 and 144A.49. In addition a hospice program must provide: 23.15 (1) centrally coordinated hospice core services in the home 23.16 and inpatient settings; 23.17 (2) that the medical components of the hospice program are 23.18 under the direction of a licensed physician who serves as 23.19 medical director; 23.20 (3) that the palliative medical care provided to a hospice 23.21 patient is under the direction of the attending physician; 23.22 (4) an interdisciplinary team that meets regularly to 23.23 develop, implement, and evaluate the hospice program's plan of 23.24 care for each hospice patient and the patient's family; 23.25 (5) accessible hospice care, 24 hours a day, seven days a 23.26 week; 23.27 (6) an ongoing system of quality assurance; 23.28 (7) that volunteer services are provided by individuals who 23.29 have completed a hospice training program and are qualified to 23.30 provide the services; 23.31 (8) a planned program of supportive services available to 23.32 patients' families during the bereavement period; and 23.33 (9) that inpatient services are provided directly or by 23.34 arrangement in a licensed hospital or nursing home. 23.35 Sec. 36. Minnesota Statutes 1996, section 145C.01, 23.36 subdivision 7, is amended to read: 24.1 Subd. 7. [HEALTH CARE FACILITY.] "Health care facility" 24.2 means a hospital or other entity licensed under sections 144.50 24.3 to 144.58, a nursing home licensed to serve adults under section 24.4 144A.02, or a home care provider licensed under sections 144A.43 24.5 to 144A.49144A.48. 24.6 Sec. 37. Minnesota Statutes 1996, section 147.02, 24.7 subdivision 1, is amended to read: 24.8 Subdivision 1. [UNITED STATES OR CANADIAN MEDICAL SCHOOL 24.9 GRADUATES.] The board shall issue a license to practice medicine 24.10 to a person who meets the requirements in paragraphs (a) to (h). 24.11 (a) An applicant for a license shall file a written 24.12 application on forms provided by the board, showing to the 24.13 board's satisfaction that the applicant is of good moral 24.14 character and satisfies the requirements of this section. 24.15 (b) The applicant shall present evidence satisfactory to 24.16 the board of being a graduate of a medical or osteopathic school 24.17 located in the United States, its territories or Canada, and 24.18 approved by the board based upon its faculty, curriculum, 24.19 facilities, accreditation by a recognized national accrediting 24.20 organization approved by the board, and other relevant data, or 24.21 is currently enrolled in the final year of study at the school. 24.22 (c) The applicant must have passed an examination as 24.23 described in paragraph (1) or (2). 24.24 (1) The applicant must have passed a comprehensive 24.25 examination for initial licensure prepared and graded by the 24.26 National Board of Medical Examiners or the Federation of State 24.27 Medical Boards. The board shall by rule determine what 24.28 constitutes a passing score in the examination. 24.29 (2) The applicant taking the United States Medical 24.30 Licensing Examination (USMLE) must have passed steps one, two, 24.31 and three within a seven-year period. This seven-year period 24.32 begins when the applicant first passes either step one or two, 24.33 as applicable. The applicant must pass each of steps one, two, 24.34 and three with passing scores as recommended by the USMLE 24.35 program within three attempts. The applicant taking 24.36 combinations of Federation of State Medical Boards, National 25.1 Board of Medical Examiners, and USMLE may be accepted only if 25.2 the combination is approved by the board as comparable to 25.3 existing comparable examination sequences and all examinations 25.4 are completed prior to the year 2000. 25.5 (d) The applicant shall present evidence satisfactory to 25.6 the board of the completion of one year of graduate, clinical 25.7 medical training in a program accredited by a national 25.8 accrediting organization approved by the board or other graduate 25.9 training approved in advance by the board as meeting standards 25.10 similar to those of a national accrediting organization. 25.11 (e) The applicant shall make arrangements with the 25.12 executive director to appear in person before the board or its 25.13 designated representative to show that the applicant satisfies 25.14 the requirements of this section. The board may establish as 25.15 internal operating procedures the procedures or requirements for 25.16 the applicant's personal presentation. 25.17 (f) The applicant shall pay a fee established by the board 25.18 by rule. The fee may not be refunded. Upon application or 25.19 notice of license renewal, the board must provide notice to the 25.20 applicant and to the person whose license is scheduled to be 25.21 issued or renewed of any additional fees, surcharges, or other 25.22 costs which the person is obligated to pay as a condition of 25.23 licensure. The notice must: 25.24 (1) state the dollar amount of the additional costs; and 25.25 (2) clearly identify to the applicant the payment schedule 25.26 of additional costs ; and25.27 (3) advise the applicant of the right to apply to be25.28 excused from the surcharge if a waiver is granted under section25.29 256.9657, subdivision 1b, or relinquish the license to practice25.30 medicine in lieu of future payment if applicable. 25.31 (g) The applicant must not be under license suspension or 25.32 revocation by the licensing board of the state or jurisdiction 25.33 in which the conduct that caused the suspension or revocation 25.34 occurred. 25.35 (h) The applicant must not have engaged in conduct 25.36 warranting disciplinary action against a licensee, or have been 26.1 subject to disciplinary action other than as specified in 26.2 paragraph (g). If the applicant does not satisfy the 26.3 requirements stated in this paragraph, the board may issue a 26.4 license only on the applicant's showing that the public will be 26.5 protected through issuance of a license with conditions and 26.6 limitations the board considers appropriate. 26.7 Sec. 38. Minnesota Statutes 1996, section 147B.01, 26.8 subdivision 5, is amended to read: 26.9 Subd. 5. [ACUPUNCTURE POINTS.] "Acupuncture points" means 26.10 specific anatomically described locations as defined by the 26.11 recognized acupuncture reference texts. These texts are listed 26.12 in the study guide to the examination for the NCCANCCAOM 26.13 certification exam. 26.14 Sec. 39. Minnesota Statutes 1996, section 147B.01, 26.15 subdivision 12, is amended to read: 26.16 Subd. 12. [DIPLOMATE IN ACUPUNCTURE.] "Diplomate in 26.17 acupuncture" means a person who is certified by the NCCANCCAOM 26.18 as having met the standards of competence established by the 26.19 NCCANCCAOM, who subscribes to the NCCANCCAOM code of ethics, 26.20 and who has a current and active NCCANCCAOM certificate. 26.21 Current and active NCCANCCAOM certification indicates 26.22 successful completion of continued professional development and 26.23 previous satisfaction of NCCANCCAOM requirements. 26.24 Sec. 40. Minnesota Statutes 1996, section 147B.01, 26.25 subdivision 16, is amended to read: 26.26 Subd. 16. [ NCCANCCAOM.] " NCCANCCAOM" means the 26.27 National Certification Commission for the Certification of26.28 AcupuncturistsAcupuncture and Oriental Medicine, a 26.29 not-for-profit corporation organized under section 501(c)(4) of 26.30 the Internal Revenue Code. 26.31 Sec. 41. Minnesota Statutes 1996, section 147B.02, 26.32 subdivision 4, is amended to read: 26.33 Subd. 4. [EXCEPTIONS.] (a) The following persons may 26.34 practice acupuncture within the scope of their practice without 26.35 an acupuncture license: 26.36 (1) a physician licensed under thischapter 147; 27.1 (2) an osteopath licensed under thischapter 147; 27.2 (3) a chiropractor licensed under chapter 148; 27.3 (4) a person who is studying in a formal course of study or 27.4 tutorial intern program approved by the acupuncture advisory 27.5 council established in section 147B.05 so long as the person's 27.6 acupuncture practice is supervised by a licensed acupuncturist; 27.7 (5) a visiting acupuncturist practicing acupuncture within 27.8 an instructional setting for the sole purpose of teaching at a 27.9 school registered with the Minnesota higher education services 27.10 office, who may practice without a license for a period of one 27.11 year, with two one-year extensions permitted; and 27.12 (6) a visiting acupuncturist who is in the state for the 27.13 sole purpose of providing a tutorial or workshop not to exceed 27.14 30 days in one calendar year. 27.15 (b) This chapter does not prohibit a person who does not 27.16 have an acupuncturist license from practicing specific 27.17 noninvasive techniques, such as acupressure, that are within the 27.18 scope of practice as set forth in section 147B.06, subdivision 4. 27.19 Sec. 42. Minnesota Statutes 1996, section 147B.02, 27.20 subdivision 7, is amended to read: 27.21 Subd. 7. [LICENSURE REQUIREMENTS.] (a) After June 30, 27.22 1997, an applicant for licensure must: 27.23 (1) submit a completed application for licensure on forms 27.24 provided by the board, which must include the applicant's name 27.25 and address of record, which shall be public; 27.26 (2) unless licensed under subdivision 5 or 6, submit a 27.27 notarized copy of a current NCCANCCAOM certification; 27.28 (3) sign a statement that the information in the 27.29 application is true and correct to the best of the applicant's 27.30 knowledge and belief; 27.31 (4) submit with the application all fees required; and 27.32 (5) sign a waiver authorizing the board to obtain access to 27.33 the applicant's records in this state or any state in which the 27.34 applicant has engaged in the practice of acupuncture. 27.35 (b) The board may ask the applicant to provide any 27.36 additional information necessary to ensure that the applicant is 28.1 able to practice with reasonable skill and safety to the public. 28.2 (c) The board may investigate information provided by an 28.3 applicant to whether the information is accurate and complete. 28.4 The board shall notify an applicant of action taken on the 28.5 application and the reasons for denying licensure if licensure 28.6 is denied. 28.7 Sec. 43. Minnesota Statutes 1996, section 147B.02, 28.8 subdivision 9, is amended to read: 28.9 Subd. 9. [RENEWAL.] (a) To renew a license an applicant 28.10 must: 28.11 (1) annually, or as determined by the board, complete a 28.12 renewal application on a form provided by the board; 28.13 (2) submit the renewal fee; 28.14 (3) provide evidence annually of one hour of continuing 28.15 education in the subject of infection control, including blood 28.16 borne pathogen diseases; 28.17 (4) provide documentation of current and active NCCANCCAOM 28.18 certification; or 28.19 (5) if licensed under subdivision 5 or 6, meet one-half the 28.20 then current NCCANCCAOM professional development activity 28.21 requirements. 28.22 (b) An applicant shall submit any additional information 28.23 requested by the board to clarify information presented in the 28.24 renewal application. The information must be submitted within 28.25 30 days after the board's request, or the renewal request is 28.26 nullified. 28.27 Sec. 44. Minnesota Statutes 1996, section 147B.02, 28.28 subdivision 12, is amended to read: 28.29 Subd. 12. [INACTIVE STATUS.] (a) A license may be placed 28.30 in inactive status upon application to the board and upon 28.31 payment of an inactive status fee. The board may not renew or 28.32 restore a license that has lapsed and has not been renewed 28.33 within two annual license renewal cycles. 28.34 (b) An inactive license may be reactivated by the license 28.35 holder upon application to the board. A licensee whose license 28.36 is canceled for nonrenewal must obtain a new license by applying 29.1 for licensure and fulfilling all the requirements then in 29.2 existence for the initial license to practice acupuncture in the 29.3 state of Minnesota. The application must include: 29.4 (1) evidence of current and active NCCANCCAOM 29.5 certification; 29.6 (2) evidence of the certificate holder's payment of an 29.7 inactive status fee; 29.8 (3) an annual fee; and 29.9 (4) all back fees since previous renewal. 29.10 (c) A person licensed under subdivision 5 who has allowed 29.11 the license to reach inactive status must become NCCANCCAOM 29.12 certified. 29.13 Sec. 45. Minnesota Statutes 1996, section 147B.03, 29.14 subdivision 1, is amended to read: 29.15 Subdivision 1. [ NCCANCCAOM REQUIREMENTS.] Unless a person 29.16 is licensed under section 147B.02, subdivision 5 or 6, each 29.17 licensee is required to meet the NCCANCCAOM professional 29.18 development activity requirements to maintain NCCANCCAOM 29.19 certification. These requirements may be met through a board 29.20 approved continuing education program. 29.21 Sec. 46. Minnesota Statutes 1996, section 147B.03, 29.22 subdivision 4, is amended to read: 29.23 Subd. 4. [VERIFICATION.] The board shall periodically 29.24 select a random sample of acupuncturists and require the 29.25 acupuncturist to show evidence of having completed the NCCA29.26 NCCAOM professional development activities requirements. Either 29.27 the acupuncturist, the state, or the national organization that 29.28 maintains continuing education records may provide the board 29.29 documentation of the continuing education program. 29.30 Sec. 47. Minnesota Statutes 1996, section 147B.05, 29.31 subdivision 1, is amended to read: 29.32 Subdivision 1. [CREATION.] The advisory council to the 29.33 board of medical practice for acupuncture consists of seven 29.34 members appointed by the board to three-year terms. Four 29.35 members must be licensed acupuncture practitioners, one member 29.36 must be a licensed physician or osteopath who also practices 30.1 acupuncture, one member must be a licensed chiropractor who is 30.2 NCCANCCAOM certified, and one member must be a member of the 30.3 public who has received acupuncture treatment as a primary 30.4 therapy from a NCCANCCAOM certified acupuncturist. 30.5 Sec. 48. [REPEALER; SECTION 148.976.] 30.6 Minnesota Statutes 1996, section 148.976, is repealed. 30.7 Sec. 49. Minnesota Statutes 1997 Supplement, section 30.8 148B.20, subdivision 1, is amended to read: 30.9 Subdivision 1. [GENERAL.] The board of social work shall: 30.10 (a) Adopt and enforce rules for licensure of social workers 30.11 and for regulation of their professional conduct. The rules 30.12 must be designed to protect the public. 30.13 (b) Adopt rules establishing standards and methods of 30.14 determining whether applicants and licensees are qualified under 30.15 sections 148B.21 to 148B.23148B.24. The rules must make 30.16 provision for examinations and must establish standards for 30.17 professional conduct, including adoption of a code of 30.18 professional ethics and requirements for continuing education. 30.19 (c) Hold examinations at least twice a year to assess 30.20 applicants' knowledge and skills. The examinations may be 30.21 written or oral and may be administered by the board or by a 30.22 body designated by the board. Examinations must test the 30.23 knowledge and skills of each of the four groups of social 30.24 workers qualified under section 148B.21 to practice social work. 30.25 Examinations must minimize cultural bias and must be balanced in 30.26 theory. 30.27 (d) Issue licenses to individuals qualified under sections 30.28 148B.18 to 148B.289148B.24. 30.29 (e) Issue copies of the rules for licensure to all 30.30 applicants. 30.31 (f) Establish and implement procedures, including a 30.32 standard disciplinary process, to ensure that individuals 30.33 licensed as social workers will comply with the board's rules. 30.34 (g) Establish, maintain, and publish annually a register of 30.35 current licensees. 30.36 (h) Educate the public about the existence and content of 31.1 the rules for social work licensing to enable consumers to file 31.2 complaints against licensees who may have violated the rules. 31.3 (i) Evaluate its rules in order to refine the standards for 31.4 licensing social workers and to improve the methods used to 31.5 enforce the board's standards. 31.6 Sec. 50. Minnesota Statutes 1996, section 148B.21, 31.7 subdivision 1, is amended to read: 31.8 Subdivision 1. [CATEGORIES OF LICENSEES.] The board shall 31.9 issue licenses for the following four groups of individuals 31.10 qualified under sections 148B.21 to 148B.23this section to 31.11 practice social work: 31.12 (1) social workers; 31.13 (2) graduate social workers; 31.14 (3) independent social workers; and 31.15 (4) independent clinical social workers. 31.16 Sec. 51. Minnesota Statutes 1996, section 148B.21, 31.17 subdivision 8, is amended to read: 31.18 Subd. 8. [CHANGE OF LICENSURE LEVEL.] An applicant who 31.19 applies under this section for licensure as a licensed 31.20 independent social worker or a licensed independent clinical 31.21 social worker, and who is licensed at the time of application as 31.22 a licensed graduate social worker, or a licensed independent 31.23 social worker, or a licensed independent clinical social worker31.24 under section 148B.23,is not required to meet the educational 31.25 requirement of this section. The applicant must meet all other 31.26 requirements for licensure at the new level of licensure. 31.27 Sec. 52. Minnesota Statutes 1996, section 148B.24, is 31.28 amended to read: 31.29 148B.24 [RECIPROCITY.] 31.30 The board shall issue an appropriate license to an 31.31 individual who holds a current license or other credential from 31.32 another jurisdiction if the board finds that the requirements 31.33 for that credential are substantially similar to the 31.34 requirements in sectionssection 148B.21 to 148B.23. 31.35 Sec. 53. Minnesota Statutes 1996, section 148B.27, 31.36 subdivision 2b, is amended to read: 32.1 Subd. 2b. [USE OF HOSPITAL SOCIAL WORKER TITLE.] 32.2 Individuals employed as social workers on June 30, 1996, by a 32.3 hospital licensed under chapter 144 who do not qualify for 32.4 licensure under section 148B.21 or 148B.23, subdivision 1, may 32.5 use the title "hospital social worker" for as long as they 32.6 continue to be employed by a hospital licensed under chapter 144. 32.7 Sec. 54. Minnesota Statutes 1996, section 154.161, 32.8 subdivision 4, is amended to read: 32.9 Subd. 4. [LICENSE ACTIONS.] (a) With respect to a person 32.10 who is a holder of or applicant for a licensee or shop 32.11 registration card under this chapter, the board may by order 32.12 deny, refuse to renew, suspend, temporarily suspend, or revoke 32.13 the application, certificate of registration, or shop 32.14 registration card, censure or reprimand the person, refuse to 32.15 permit the person to sit for examination, or refuse to release 32.16 the person's examination grades, if the board finds that such an 32.17 order is in the public interest and that, based on a 32.18 preponderance of the evidence presented, the person has: 32.19 (1) violated a statute, rule, or order that the board has 32.20 adopted or issued or is empowered to enforce; 32.21 (2) engaged in conduct or acts that are fraudulent, 32.22 deceptive, or dishonest, whether or not the conduct or acts 32.23 relate to the practice of barbering, if the fraudulent, 32.24 deceptive, or dishonest conduct or acts reflect adversely on the 32.25 person's ability or fitness to engage in the practice of 32.26 barbering; 32.27 (3) engaged in conduct or acts that constitute malpractice, 32.28 are negligent, demonstrate incompetence, or are otherwise in 32.29 violation of the standards in the rules of the board, where the 32.30 conduct or acts relate to the practice of barbering; 32.31 (4) employed fraud or deception in obtaining a certificate 32.32 of registration, shop registration card, renewal, or 32.33 reinstatement, or in passing all or a portion of the 32.34 examination; 32.35 (5) had a certificate of registration or shop registration 32.36 card, right to examine, or other similar authority revoked in 33.1 another jurisdiction; 33.2 (6) failed to meet any requirement for issuance or renewal 33.3 of the person's certificate of registration or shop registration 33.4 card; 33.5 (7) practiced as a barber while having an infectious or 33.6 contagious disease; 33.7 (8) advertised by means of false or deceptive statements; 33.8 (9) demonstrated intoxication or indulgence in the use of 33.9 drugs, including but not limited to narcotics as defined in 33.10 section 152.01 or in United States Code, title 26, section 4731, 33.11 barbiturates, amphetamines, benzedrine, dexedrine, or other 33.12 sedatives, depressants, stimulants, or tranquilizers; 33.13 (10) demonstrated unprofessional conduct or practice , or33.14 conduct or practice that violates any provision of chapter 186; 33.15 (11) permitted an employee or other person under the 33.16 person's supervision or control to practice as a registered 33.17 barber, registered apprentice, or registered instructor of 33.18 barbering unless that person has (i) a current certificate of 33.19 registration as a registered barber, registered apprentice, or 33.20 registered instructor of barbering, (ii) a temporary apprentice 33.21 permit, or (iii) a temporary permit as an instructor of 33.22 barbering; 33.23 (12) practices, offered to practice, or attempted to 33.24 practice by misrepresentation; 33.25 (13) failed to display a certificate of registration as 33.26 required by section 154.14; 33.27 (14) used any room or place of barbering that is also used 33.28 for any other purpose, or used any room or place of barbering 33.29 that violates the board's rules governing sanitation; 33.30 (15) in the case of a barber, apprentice, or other person 33.31 working in or in charge of any barber shop, or any person in a 33.32 barber school engaging in the practice of barbering, failed to 33.33 use separate and clean towels for each customer or patron, or to 33.34 discard and launder each towel after being used once; 33.35 (16) in the case of a barber or other person in charge of 33.36 any barber shop or barber school, (i) failed to supply in a 34.1 sanitary manner clean hot and cold water in quantities necessary 34.2 to conduct the shop or barbering service for the school, (ii) 34.3 failed to have water and sewer connections from the shop or 34.4 barber school with municipal water and sewer systems where they 34.5 are available for use, or (iii) failed or refused to maintain a 34.6 receptacle for hot water of a capacity of at least five gallons; 34.7 (17) refused to permit the board to make an inspection 34.8 permitted or required by this chapter, or failed to provide the 34.9 board or the attorney general on behalf of the board with any 34.10 documents or records they request; 34.11 (18) failed promptly to renew a certificate of registration 34.12 or shop registration card when remaining in practice, pay the 34.13 required fee, or issue a worthless check; 34.14 (19) failed to supervise a registered apprentice or 34.15 temporary apprentice, or permitted the practice of barbering by 34.16 a person not registered with the board or not holding a 34.17 temporary permit; 34.18 (20) refused to serve a customer because of race, color, 34.19 creed, religion, disability, national origin, or sex; 34.20 (21) failed to comply with a provision of chapter 141 or a 34.21 provision of another chapter that relates to barber schools; or 34.22 (22) with respect to temporary suspension orders, has 34.23 committed an act, engaged in conduct, or committed practices 34.24 that the board, or complaint committee if authorized by the 34.25 board, has determined may result or may have resulted in an 34.26 immediate threat to the public. 34.27 (b) In lieu of or in addition to any remedy under paragraph 34.28 (a), the board may as a condition of continued registration, 34.29 termination of suspension, reinstatement of registration, 34.30 examination, or release of examination results, require that the 34.31 person: 34.32 (1) submit to a quality review of the person's ability, 34.33 skills, or quality of work, conducted in a manner and by a 34.34 person or entity that the board determines; or 34.35 (2) complete to the board's satisfaction continuing 34.36 education as the board requires. 35.1 (c) Service of an order under this subdivision is effective 35.2 if the order is served personally on, or is served by certified 35.3 mail to the most recent address provided to the board by, the 35.4 licensee, certificate holder, applicant, or counsel of record. 35.5 The order must state the reason for the entry of the order. 35.6 (d) Except as provided in subdivision 5, paragraph (c), all 35.7 hearings under this subdivision must be conducted in accordance 35.8 with the administrative procedure act. 35.9 Sec. 55. Minnesota Statutes 1997 Supplement, section 35.10 157.17, subdivision 2, is amended to read: 35.11 Subd. 2. [REGISTRATION.] At the time of licensure or 35.12 license renewal, a boarding and lodging establishment or a 35.13 lodging establishment that provides supportive services or 35.14 health supervision services must be registered with the 35.15 commissioner, and must register annually thereafter. The 35.16 registration must include the name, address, and telephone 35.17 number of the establishment, the name of the operator, the types 35.18 of services that are being provided, a description of the 35.19 residents being served, the type and qualifications of staff in 35.20 the facility, and other information that is necessary to 35.21 identify the needs of the residents and the types of services 35.22 that are being provided. The commissioner shall develop and 35.23 furnish to the boarding and lodging establishment or lodging 35.24 establishment the necessary form for submitting the 35.25 registration. The requirement for registration is effective35.26 until the rules required by sections 144B.01 to 144B.17 are35.27 effective.35.28 Housing with services establishments registered under 35.29 chapter 144D shall be considered registered under this section 35.30 for all purposes except that: 35.31 (1) the establishments shall operate under the requirements 35.32 of chapter 144D; and 35.33 (2) the criminal background check requirements of sections 35.34 299C.66 to 299C.71 apply. The criminal background check 35.35 requirements of section 144.057 apply only to personnel 35.36 providing home care services under sections 144A.43 to 144A.48. 36.1 Sec. 56. Minnesota Statutes 1996, section 157.17, 36.2 subdivision 3, is amended to read: 36.3 Subd. 3. [RESTRICTION ON THE PROVISION OF SERVICES.] 36.4 Effective July 1, 1995, and until one year after the rules36.5 required under sections 144B.01 to 144B.17 are adopted,A 36.6 boarding and lodging establishment or lodging establishment 36.7 registered under subdivision 2 may provide health supervision 36.8 services only if a licensed nurse is on site in the 36.9 establishment for at least four hours a week to provide 36.10 monitoring of health supervision services for the residents. A 36.11 boarding and lodging establishment or lodging establishment that 36.12 admits or retains residents using wheelchairs or walkers must 36.13 have the necessary clearances from the office of the state fire 36.14 marshal. 36.15 Sec. 57. [REPEALER; SECTION 157.17.] 36.16 Minnesota Statutes 1996, section 157.17, subdivision 4, is 36.17 repealed. 36.18 Sec. 58. Minnesota Statutes 1997 Supplement, section 36.19 161.14, subdivision 41, is amended to read: 36.20 Subd. 41. [DON RICKERS MEMORIAL HIGHWAY.] That segment of 36.21 marked trunk highway No. 60 from Brewster to Worthington to the36.22 city of Brewsteris designated "Don Rickers Memorial Highway." 36.23 The commissioner of transportation shall adopt a suitable design 36.24 for marking this highway and shall erect appropriate signs at 36.25 locations determined by the commissioner. The people of the 36.26 community, having resolved to support and financially back the 36.27 marking of this highway, shall reimburse the department for 36.28 costs incurred in marking and memorializing this highway. 36.29 Sec. 59. Minnesota Statutes 1997 Supplement, section 36.30 169.121, subdivision 3e, is amended to read: 36.31 Subd. 3e. [ENHANCED GROSS MISDEMEANORS; MANDATORY 36.32 PENALTIES.] (a) The mandatory penalties in this subdivision 36.33 apply to persons who are convicted of an enhanced gross 36.34 misdemeanor under subdivision 3, paragraph (d), or section 36.35 169.129. Notwithstanding section 609.135, these penalties must 36.36 be imposed and executed. 37.1 (b) A person who is convicted of an enhanced gross 37.2 misdemeanor under the circumstances described in subdivision 3, 37.3 paragraph (d), clause (1), shall be sentenced as follows: 37.4 (1) if the person has one prior impaired driving conviction 37.5 within the past ten years, the person must be sentenced to a 37.6 minimum of 90 days of incarceration, at least 30 days of which 37.7 must be served consecutively in a local correctional facility. 37.8 The court may order that the person serve not more than 60 days 37.9 of this minimum penalty on home detention or in an intensive 37.10 probation program described in section 169.1265; 37.11 (2) if the person has two prior impaired driving 37.12 convictions within the past ten years, the person must be 37.13 sentenced to a minimum of 180 days of incarceration, at least 30 37.14 days of which must be served consecutively in a local 37.15 correctional facility. The court may order that the person 37.16 serve not more than 150 days of this minimum penalty on home 37.17 detention or in an intensive probation program described in 37.18 section 169.1265; or 37.19 (3) if the person has three prior impaired driving 37.20 convictions within the past 15 years, or four or more prior 37.21 impaired driving convictions within the person's lifetime, the 37.22 person must be sentenced to a minimum of one year of 37.23 incarceration, at least 60 days of which must be served 37.24 consecutively in a local correctional facility. The court may 37.25 order that the person serve the remainder of this minimum 37.26 penalty on intensive probation using an electronic monitoring 37.27 system or, if such a system is unavailable, on home detention. 37.28 (c) A person who is convicted of an enhanced gross 37.29 misdemeanor under the circumstances described in subdivision 3, 37.30 paragraph (d), clause (2) or (3), or under section 169.129, 37.31 shall be sentenced as follows: 37.32 (1) if the person has two prior impaired driving 37.33 convictions, two prior license revocations, or a combination of 37.34 the two, within the past ten years, the person must be sentenced 37.35 to a minimum of 90 days incarceration, at least 30 days of which 37.36 must be served consecutively in a local correctional facility. 38.1 The court may order that the person serve not more than 60 days 38.2 of this minimum penalty on home detention or in an intensive 38.3 probation program described in section 169.1265; 38.4 (2) if the person has three prior impaired driving 38.5 convictions, three prior license revocations, or a combination 38.6 of the two, within the past ten years, the person must be 38.7 sentenced to a minimum of 180 days of incarceration, at least 30 38.8 days of which must be served consecutively in a local 38.9 correctional facility. The court may order that the person 38.10 serve not more than 150 days of this minimum penalty on home 38.11 detention or in an intensive probation program described in 38.12 section 169.1265; or 38.13 (3) if the person has: (i) four prior impaired driving 38.14 convictions, four prior license revocations, or a combination of 38.15 the two, within the past 15 years; or (ii) five or more prior 38.16 impaired driving convictions, five or more prior license 38.17 revocations, or a combination of the two, within the person's 38.18 lifetime; then the person must be sentenced to a minimum of one 38.19 year of incarceration, at least 60 days of which must be served 38.20 consecutively in a local correctional facility. The court may 38.21 order that the person serve the remainder of this minimum 38.22 penalty on intensive probation using an electronic monitoring 38.23 system or, if such a system is unavailable, on home detention. 38.24 Sec. 60. Minnesota Statutes 1996, section 169.792, 38.25 subdivision 7, is amended to read: 38.26 Subd. 7. [LICENSE REVOCATION.] Upon receiving the 38.27 notification under subdivision 6 or notification of a conviction 38.28 for violation of section 169.791, the commissioner shall revoke 38.29 the person's driver's license or permit to drive. The 38.30 revocation shall be effective beginning 14 days after the date 38.31 of notification by the district court administrator or officer 38.32 to the department of public safety. In order to be revoked, 38.33 notice must have been mailed to the person by the commissioner 38.34 at least ten days before the effective date of the revocation. 38.35 If the person, before the effective date of the revocation, 38.36 provides the commissioner with the proof of insurance or other 39.1 verifiable insurance information as determined by the 39.2 commissioner, establishing that the required insurance covered 39.3 the vehicle at the time of the original demand, the revocation 39.4 must not become effective. Revocation based upon receipt of a 39.5 notification under subdivision 6 must be carried out regardless 39.6 of the status or disposition of any related criminal charge. 39.7 The person's driver's license or permit to drive shall be 39.8 revoked for the longer of: (i) the period provided in section 39.9 169.797, subdivision 4, paragraph (b)(c), including any rules 39.10 adopted under that paragraph, or (ii) until the driver or owner 39.11 files proof of insurance with the department of public safety 39.12 satisfactory to the commissioner of public safety. A license 39.13 must not be revoked more than once based upon the same demand 39.14 for proof of insurance. 39.15 Sec. 61. Minnesota Statutes 1996, section 169.86, 39.16 subdivision 1, is amended to read: 39.17 Subdivision 1. [APPLICATION FOR PERMIT.] (a) The 39.18 commissioner, with respect to highways under the commissioner's 39.19 jurisdiction, and local authorities, with respect to highways 39.20 under their jurisdiction, may, in their discretion, upon 39.21 application in writing and good cause being shown therefor, 39.22 issue a special permit, in writing, authorizing the applicant to 39.23 move a vehicle or combination of vehicles of a size or weight of 39.24 vehicle or load exceeding the maximum specified in this chapter, 39.25 or otherwise not in conformity with the provisions of this 39.26 chapter, upon any highway under the jurisdiction of the party 39.27 granting such permit and for the maintenance of which such party 39.28 is responsible. 39.29 (b) Permits relating to over-width, over-length 39.30 manufactured homes shall not be issued to persons other than 39.31 manufactured home dealers or manufacturers for movement of new 39.32 units owned by the manufactured home dealer or manufacturer, 39.33 until the person has presented a statement from the county 39.34 auditor and treasurer where the unit is presently located, 39.35 stating that all personal and real property taxes have been 39.36 paid. Upon payment of the most recent single year delinquent 40.1 personal property or current year taxes only, the county auditor 40.2 or treasurer must issue a taxes paid statement to a manufactured 40.3 home dealer or a financial institution desiring to relocate a 40.4 manufactured home that has been repossessed. This statement 40.5 must be dated within 30 days of the contemplated move. The 40.6 statement from the county auditor and treasurer where the unit 40.7 is presently located, stating that all personal and real 40.8 property taxes have been paid, may be made by telephone. If the 40.9 statement is obtained by telephone, the permit shall contain the 40.10 date and time of the telephone call and the names of the persons 40.11 in the auditor's office and treasurer's office who verified that 40.12 all personal and real property taxes had been paid. 40.13 (c) The commissioner may not grant a permit authorizing the 40.14 movement, in a three-vehicle combination, of a semitrailer or 40.15 trailer that exceeds 28-1/2 feet, except that the commissioner 40.16 (1) may renew a permit that was granted before April 16, 1984, 40.17 for the movement of a semitrailer or trailer that exceeds the 40.18 length limitation in section 169.81, subdivision 2, or (2) may 40.19 grant a permit authorizing the transportation of empty trailers 40.20 that exceed 28-1/2 feet when using a B-train hitching mechanism 40.21 as defined in Code of Federal Regulations, title 23, section 40.22 658.5, paragraph (o), from a point of manufacture in the state 40.23 to the state border. 40.24 (d) The state as to state trunk highways, a statutory or 40.25 home rule charter city as to streets in the city, or a town as 40.26 to roads in the town, may issue permits authorizing the 40.27 transportation of combinations of vehicles exceeding the 40.28 limitations in section 169.81, subdivisions 2a and 3, over 40.29 highways, streets, or roads within its boundaries. Combinations 40.30 of vehicles authorized by this paragraph may be restricted as to 40.31 the use of state trunk highways by the commissioner, to the use 40.32 of streets by the city road authority, and to the use of roads 40.33 by the town road authority. Nothing in this paragraph or 40.34 section 168.81169.81, subdivisions 2a and 3, alters or changes 40.35 the authority vested in local authorities under section 169.04. 40.36 Sec. 62. Minnesota Statutes 1996, section 190.08, 41.1 subdivision 6, is amended to read: 41.2 Subd. 6. [PAY AND ALLOWANCES.] The adjutant general shall 41.3 receive the pay and allowances provided by law for an officer of 41.4 similar rank and length of service in the armed forces of the 41.5 United States. All other officers, warrant officers, and 41.6 enlisted members in active service on the staff of the adjutant 41.7 general shall receive the pay and allowances prescribed for 41.8 personnel of similar grade and length of service in the armed 41.9 forces of the United States subject to the following 41.10 provisions: (1) the adjutant general by general orders may 41.11 establish for pay purposes the grade authorized for any staff 41.12 position; and (2) enlistedmembers may be paid theany 41.13 additional pay authorized by section 192.51, subdivision41.14 2192.49. 41.15 Sec. 63. Minnesota Statutes 1996, section 205A.10, 41.16 subdivision 2, is amended to read: 41.17 Subd. 2. [ELECTION, CONDUCT.] A school district election 41.18 must be by secret ballot and must be held and the returns made 41.19 in the manner provided for the state general election, as far as 41.20 practicable. The vote totals from an absentee ballot board 41.21 established pursuant to section 203B.13 may be tabulated and 41.22 reported by the school district as a whole rather than by 41.23 precinct. For school district elections not held in conjunction 41.24 with a statewide election, the school board shall appoint 41.25 election judges as provided in section 204B.21, subdivision 2. 41.26 The provisions of sections 204B.19, subdivision 5; 204C.15; 41.27 204C.19; 206.63;206.64, subdivision 2; 206.74, subdivision 3;41.28 206.75;206.83; and 206.86, subdivision 2, relating to party 41.29 balance in appointment of judges and to duties to be performed 41.30 by judges of different major political parties do not apply to 41.31 school district elections not held in conjunction with a 41.32 statewide election. 41.33 Sec. 64. Minnesota Statutes 1996, section 206.90, 41.34 subdivision 3, is amended to read: 41.35 Subd. 3. [AVAILABILITY OF PAPER BALLOTS.] For the purposes41.36 of section 206.63, "paper ballots" includes ballot cards which42.1 are voted by marking with a pencil or other writing instrument42.2 and on which are printed the names of candidates, office titles,42.3 party designation in a partisan primary or election, and a42.4 statement of any question accompanied by the words "Yes" and42.5 "No."At a state or county election where an optical scan 42.6 voting system will be in use, the county auditor may provide 42.7 ballot cards meeting the requirements of this section in lieu of 42.8 paper ballots otherwise required to be prepared by the county 42.9 auditor. In an election jurisdiction where an optical scan 42.10 voting system has been adopted, the election official may 42.11 provide paper ballots prepared in the same format used for the 42.12 voting system. 42.13 Sec. 65. Minnesota Statutes 1996, section 216C.01, 42.14 subdivision 1, is amended to read: 42.15 Subdivision 1. [APPLICABILITY.] The definitions in this 42.16 section apply to section 216C.02 and those sections renumbered42.17 by Laws 1987, chapter 312, article 1, section 10sections 42.18 216C.02, 216C.05, 216C.07 to 216C.19, 216C.20 to 216C.35, and 42.19 216C.373 to 216C.381. 42.20 Sec. 66. Minnesota Statutes 1997 Supplement, section 42.21 244.09, subdivision 5, is amended to read: 42.22 Subd. 5. The commission shall promulgate sentencing 42.23 guidelines for the district court. The guidelines shall be 42.24 based on reasonable offense and offender characteristics. The 42.25 guidelines promulgated by the commission shall be advisory to 42.26 the district court and shall establish: 42.27 (1) The circumstances under which imprisonment of an 42.28 offender is proper; and 42.29 (2) A presumptive, fixed sentence for offenders for whom 42.30 imprisonment is proper, based on each appropriate combination of 42.31 reasonable offense and offender characteristics. The guidelines 42.32 may provide for an increase or decrease of up to 15 percent in 42.33 the presumptive, fixed sentence. 42.34 The sentencing guidelines promulgated by the commission may 42.35 also establish appropriate sanctions for offenders for whom 42.36 imprisonment is not proper. Any guidelines promulgated by the 43.1 commission establishing sanctions for offenders for whom 43.2 imprisonment is not proper shall make specific reference to 43.3 noninstitutional sanctions, including but not limited to the 43.4 following: payment of fines, day fines, restitution, community 43.5 work orders, work release programs in local facilities, 43.6 community based residential and nonresidential programs, 43.7 incarceration in a local correctional facility, and probation 43.8 and the conditions thereof. 43.9 Although the sentencing guidelines are advisory to the 43.10 district court, the court shall follow the procedures of the 43.11 guidelines when it pronounces sentence in a proceeding to which 43.12 the guidelines apply by operation of statute. Sentencing 43.13 pursuant to the sentencing guidelines is not a right that 43.14 accrues to a person convicted of a felony; it is a procedure 43.15 based on state public policy to maintain uniformity, 43.16 proportionality, rationality, and predictability in sentencing. 43.17 In establishing and modifying the sentencing guidelines, 43.18 the primary consideration of the commission shall be public 43.19 safety. The commission shall also consider current sentencing 43.20 and release practices; correctional resources, including but not 43.21 limited to the capacities of local and state correctional 43.22 facilities; and the long-term negative impact of the crime on 43.23 the community. 43.24 The provisions of sections 14.001 to 14.69 do not apply to 43.25 the promulgation of the sentencing guidelines, and the 43.26 sentencing guidelines, including severity levels and criminal 43.27 history scores, are not subject to review by the legislative 43.28 commission to review administrative rules. However, the 43.29 commission shall adopt rules pursuant to sections 14.001 to 43.30 14.69 which establish procedures for the promulgation of the 43.31 sentencing guidelines, including procedures for the promulgation 43.32 of severity levels and criminal history scores, and these rules 43.33 shall be subject to review by the legislative coordinating 43.34 commission to review administrative rules. 43.35 Sec. 67. Minnesota Statutes 1996, section 256.9657, 43.36 subdivision 1a, is amended to read: 44.1 Subd. 1a. [WAIVER REQUEST.] The commissioner shall request 44.2 a waiver from the secretary of health and human services to: 44.3 (1) exclude from the surcharge under subdivision 1 a nursing 44.4 home that provides all services free of charge; (2) make a pro 44.5 rata reduction in the surcharge paid by a nursing home that 44.6 provides a portion of its services free of charge; and (3) limit 44.7 the hospital surcharge to acute care hospitals only ; and (4)44.8 limit the physician license surcharge under section 147.01,44.9 subdivision 6, to physicians licensed in Minnesota and residing44.10 in Minnesota or a state contiguous to Minnesota. If a waiver is 44.11 approved under this subdivision, the commissioner shall adjust 44.12 the nursing home surcharge accordingly or shall direct the board44.13 of medical practice to adjust the physician license surcharge44.14 under section 147.01, subdivision 6, accordingly. Any waivers 44.15 granted by the federal government shall be effective on or after 44.16 October 1, 1992. 44.17 Sec. 68. [REPEALER; SECTION 256.9657.] 44.18 Minnesota Statutes 1996, section 256.9657, subdivision 1b, 44.19 is repealed. 44.20 Sec. 69. Minnesota Statutes 1996, section 256.9657, 44.21 subdivision 7, is amended to read: 44.22 Subd. 7. [COLLECTION; CIVIL PENALTIES.] The provisions of 44.23 sections 289A.35 to 289A.50 relating to the authority to audit, 44.24 assess, collect, and pay refunds of other state taxes may be 44.25 implemented by the commissioner of human services with respect 44.26 to the tax, penalty, and interest imposed by this section and44.27 section 147.01, subdivision 6. The commissioner of human 44.28 services shall impose civil penalties for violation of this 44.29 section or section 147.01, subdivision 6,as provided in section 44.30 289A.60, and the tax and penalties are subject to interest at 44.31 the rate provided in section 270.75. The commissioner of human 44.32 services shall have the power to abate penalties and interest 44.33 when discrepancies occur resulting from, but not limited to, 44.34 circumstances of error and mail delivery. The commissioner of 44.35 human services shall bring appropriate civil actions to collect 44.36 provider payments due under this section and section 147.01,45.1 subdivision 6. 45.2 Sec. 70. [REPEALER; SECTION 256E.06.] 45.3 Minnesota Statutes 1996, section 256E.06, subdivision 9, is 45.4 repealed. 45.5 Sec. 71. Minnesota Statutes 1997 Supplement, section 45.6 260.015, subdivision 29, is amended to read: 45.7 Subd. 29. [EGREGIOUS HARM.] "Egregious harm" means the 45.8 infliction of bodily harm to a child or neglect of a child which 45.9 demonstrates a grossly inadequate ability to provide minimally 45.10 adequate parental care. The egregious harm need not have 45.11 occurred in the state or in the county where a termination of 45.12 parental rights action is otherwise properly venued. Egregious 45.13 harm includes, but is not limited to: 45.14 (1) conduct towards a child that constitutes a violation of 45.15 sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 45.16 any other similar law of any other state; 45.17 (2) the infliction of "substantial bodily harm" to a child, 45.18 as defined in section 609.02, subdivision 87a; 45.19 (3) conduct towards a child that constitutes felony 45.20 malicious punishment of a child under section 609.377; 45.21 (4) conduct towards a child that constitutes felony 45.22 unreasonable restraint of a child under section 609.255, 45.23 subdivision 3; 45.24 (5) conduct towards a child that constitutes felony neglect 45.25 or endangerment of a child under section 609.378; 45.26 (6) conduct towards a child that constitutes assault under 45.27 section 609.221, 609.222, or 609.223; 45.28 (7) conduct towards a child that constitutes solicitation, 45.29 inducement, or promotion of prostitution under section 609.322; 45.30 (8) conduct towards a child that constitutes receiving 45.31 profit derived from prostitution under section 609.323; or 45.32 (9) conduct toward a child that constitutes a violation of 45.33 United States Code, title 18, section 1111(a) or 1112(a). 45.34 Sec. 72. Minnesota Statutes 1996, section 268.027, is 45.35 amended to read: 45.36 268.027 [DEPARTMENT OF ECONOMIC SECURITY; MINNEAPOLIS 46.1 LOCATION; RIGHT OF EMINENT DOMAIN.] 46.2 Notwithstanding sectionssection 16B.24 and 268.026or 46.3 chapter 94, the commissioner of administration, in consultation 46.4 with the commissioner of economic security, is authorized to buy 46.5 and sell real property in Minneapolis and the greater 46.6 Minneapolis area for the purpose of relocating department 46.7 offices to locations more accessible to the residents of 46.8 Minneapolis and colocating with other social service agencies. 46.9 Property acquired under authority of this section may be 46.10 acquired by gift, purchase, or condemnation proceedings. 46.11 Condemnation proceedings must be done under chapter 117. 46.12 Condemnation proceedings authorized by this section may be used 46.13 to acquire property at only one proposed office site. 46.14 Sec. 73. Minnesota Statutes 1997 Supplement, section 46.15 268.145, subdivision 1, is amended to read: 46.16 Subdivision 1. [NOTIFICATION.] (a) Upon application for a 46.17 reemployment insurance account, the claimant shall be informed 46.18 that: 46.19 (1) reemployment insurance benefits are subject to federal 46.20 and state income tax; 46.21 (2) there are requirements for filing estimated tax 46.22 payments; 46.23 (3) the claimant may elect to have federal income tax 46.24 withheld from benefits; 46.25 (4) if the claimant elects to have federal income tax 46.26 withheld, the claimant may, in addition, elect to have Minnesota 46.27 state income tax withheld; and 46.28 (5) at any time during the benefit year the claimant may 46.29 change a prior election. 46.30 (b) If a claimant elects to have federal income tax 46.31 withheld, the commissioner shall deduct that percentage required 46.32 by the Internal Revenue Code. If a claimant, in addition to 46.33 federal income tax withholding, elects to have Minnesota state 46.34 income tax withheld, the commissioner shall make an additional 46.35 five percent deduction for Minnesota state income tax. Any 46.36 amounts deducted pursuant to sections 268.155, 268.165,268.18, 47.1 268.182, and 268.184 have priority over any amounts deducted 47.2 under this section. Federal income tax withholding has priority 47.3 over Minnesota state income tax withholding. 47.4 (c) An election to have federal income tax, or federal and 47.5 Minnesota state income tax, withheld shall not be retroactive 47.6 and shall only apply to benefits paid after the election. 47.7 Sec. 74. Minnesota Statutes 1996, section 273.13, 47.8 subdivision 1, is amended to read: 47.9 Subdivision 1. [HOW CLASSIFIED.] All real and personal 47.10 property subject to a general property tax and not subject to 47.11 any gross earnings or other lieuin-lieu tax is hereby 47.12 classified for purposes of taxation as provided by this section. 47.13 Sec. 75. Minnesota Statutes 1996, section 273.1398, 47.14 subdivision 6, is amended to read: 47.15 Subd. 6. [PAYMENT.] The commissioner shall certify the 47.16 aids provided in subdivisions 2, 2b, 3, and 5 before September 1 47.17 of the year preceding the distribution year to the county 47.18 auditor of the affected local government. The aids provided in 47.19 subdivisions 2, 2b, 3, and 5 must be paid to local governments 47.20 other than school districts at the times provided in section 47.21 477A.015 for payment of local government aid to taxing 47.22 jurisdictions, except that the first one-half payment of 47.23 disparity reduction aid provided in subdivision 3 must be paid 47.24 on or before August 31. The disparity reduction credit provided 47.25 in subdivision 4 must be paid to taxing jurisdictions other than 47.26 school districts at the time provided in section 473H.10, 47.27 subdivision 3. Aids and credit reimbursements to school 47.28 districts must be certified to the commissioner of children, 47.29 families, and learning and paid under section 273.1392. Except47.30 for education districts and secondary cooperatives that receive47.31 revenue according to section 124.575,Payment shall not be made 47.32 to any taxing jurisdiction that has ceased to levy a property 47.33 tax. 47.34 Sec. 76. Minnesota Statutes 1996, section 273.166, 47.35 subdivision 2, is amended to read: 47.36 Subd. 2. [MANUFACTURED HOME HOMESTEAD AND AGRICULTURAL 48.1 CREDIT AID.] For each calendar year, the manufactured home 48.2 homestead and agricultural credit aid for each taxing 48.3 jurisdiction equals the taxing jurisdiction's manufactured home 48.4 homestead and agricultural credit aid determined under this 48.5 subdivision for the preceding aid payable year times the growth 48.6 adjustment factor for the jurisdiction plus the net tax capacity 48.7 adjustment for the jurisdiction. Except for education districts48.8 and secondary cooperatives that receive revenue according to48.9 section 124.2721 or 124.575,Payment will not be made to any 48.10 taxing jurisdiction that has ceased to levy a property tax. 48.11 Sec. 77. Minnesota Statutes 1997 Supplement, section 48.12 274.01, subdivision 1, is amended to read: 48.13 Subdivision 1. [ORDINARY BOARD; MEETINGS, DEADLINES, 48.14 GRIEVANCES.] (a) The town board of a town, or the council or 48.15 other governing body of a city, is the board of review except 48.16 (1) in cities whose charters provide for a board of equalization 48.17 or (2) in any city or town that has transferred its local board 48.18 of review power and duties to the county board as provided in 48.19 subdivision 3. The county assessor shall fix a day and time 48.20 when the board or the board of equalization shall meet in the 48.21 assessment districts of the county. On or before February 15 of 48.22 each year the assessor shall give written notice of the time to 48.23 the city or town clerk. Notwithstanding the provisions of any 48.24 charter to the contrary, the meetings must be held between April 48.25 1 and May 31 each year. The clerk shall give published and 48.26 posted notice of the meeting at least ten days before the date 48.27 of the meeting. 48.28 If in any county, at least 25 percent of the total net tax 48.29 capacity of a city or town is noncommercial seasonal residential 48.30 recreational property classified under section 273.13, 48.31 subdivision 25, the county must hold two countywide 48.32 informational meetings on Saturdays. The meetings will allow 48.33 noncommercial seasonal residential recreational taxpayers to 48.34 discuss their property valuation with the appropriate assessment 48.35 staff. These Saturday informational meetings must be scheduled 48.36 to allow the owner of the noncommercial seasonal residential 49.1 recreational property the opportunity to attend one of the 49.2 meetings prior to the scheduled board of review for their city 49.3 or town. The Saturday meeting dates must be contained on the 49.4 notice of valuation of real property under section 273.121. 49.5 The board shall meet at the office of the clerk to review 49.6 the assessment and classification of property in the town or 49.7 city. No changes in valuation or classification which are 49.8 intended to correct errors in judgment by the county assessor 49.9 may be made by the county assessor after the board of review has 49.10 adjourned in those cities or towns that hold a local board of 49.11 review; however, corrections of errors that are merely clerical 49.12 in nature or changes that extend homestead treatment to property 49.13 are permitted after adjournment until the tax extension date for 49.14 that assessment year. The changes must be fully documented and 49.15 maintained in the assessor's office and must be available for 49.16 review by any person. A copy of the changes made during this 49.17 period in those cities or towns that hold a local board of 49.18 review must be sent to the county board no later than December 49.19 31 of the assessment year. 49.20 (b) The board shall determine whether the taxable property 49.21 in the town or city has been properly placed on the list and 49.22 properly valued by the assessor. If real or personal property 49.23 has been omitted, the board shall place it on the list with its 49.24 market value, and correct the assessment so that each tract or 49.25 lot of real property, and each article, parcel, or class of 49.26 personal property, is entered on the assessment list at its 49.27 market value. No assessment of the property of any person may 49.28 be raised unless the person has been duly notified of the intent 49.29 of the board to do so. On application of any person feeling 49.30 aggrieved, the board shall review the assessment or 49.31 classification, or both, and correct it as appears just. 49.32 (c) A local board of review may reduce assessments upon 49.33 petition of the taxpayer but the total reductions must not 49.34 reduce the aggregate assessment made by the county assessor by 49.35 more than one percent. If the total reductions would lower the 49.36 aggregate assessments made by the county assessor by more than 50.1 one percent, none of the adjustments may be made. The assessor 50.2 shall correct any clerical errors or double assessments 50.3 discovered by the board of review without regard to the one 50.4 percent limitation. 50.5 (d) A majority of the members may act at the meeting, and 50.6 adjourn from day to day until they finish hearing the cases 50.7 presented. The assessor shall attend, with the assessment books 50.8 and papers, and take part in the proceedings, but must not 50.9 vote. The county assessor, or an assistant delegated by the 50.10 county assessor shall attend the meetings. The board shall list 50.11 separately, on a form appended to the assessment book, all 50.12 omitted property added to the list by the board and all items of 50.13 property increased or decreased, with the market value of each 50.14 item of property, added or changed by the board, placed opposite 50.15 the item. The county assessor shall enter all changes made by 50.16 the board in the assessment book. 50.17 (e) Except as provided in subdivision 3, if a person fails 50.18 to appear in person, by counsel, or by written communication 50.19 before the board after being duly notified of the board's intent 50.20 to raise the assessment of the property, or if a person feeling 50.21 aggrieved by an assessment or classification fails to apply for 50.22 a review of the assessment or classification, the person may not 50.23 appear before the county board of equalization for a review of 50.24 the assessment or classification. This paragraph does not apply 50.25 if an assessment was made after the board meeting, as provided 50.26 in section 273.01, or if the person can establish not having 50.27 received notice of market value at least five days before the 50.28 local board of review meeting. 50.29 (f) The board of review or the board of equalization must 50.30 complete its work and adjourn within 20 days from the time of 50.31 convening stated in the notice of the clerk, unless a longer 50.32 period is approved by the commissioner of revenue. No action 50.33 taken after that date is valid. All complaints about an 50.34 assessment or classification made after the meeting of the board 50.35 must be heard and determined by the county board of 50.36 equalization. A nonresident may, at any time, before the 51.1 meeting of the board of review file written objections to an 51.2 assessment or classification with the county assessor. The 51.3 objections must be presented to the board of review at its 51.4 meeting by the county assessor for its consideration. 51.5 Sec. 78. Minnesota Statutes 1997 Supplement, section 51.6 275.011, subdivision 1, is amended to read: 51.7 Subdivision 1. The property tax levied for any purpose 51.8 under a special law that is not codified in Minnesota Statutes 51.9 or a city charter provision and that is subject to a mill rate 51.10 limitation imposed by the special law or city charter provision, 51.11 excluding levies subject to mill rate limitations that use 51.12 adjusted assessed values determined by the commissioner of 51.13 revenue under section 124.2131, must not exceed the following 51.14 amount for the years specified: 51.15 (a) for taxes payable in 1988, the product of the 51.16 applicable mill rate limitation imposed by special law or city 51.17 charter provision multiplied by the total assessed valuation of 51.18 all taxable property subject to the tax as adjusted by the 51.19 provisions of Minnesota Statutes 1986, sections 272.64; 273.13, 51.20 subdivision 7a; and 275.49; 51.21 (b) for taxes payable in 1989, the product of (1) the 51.22 property tax levy limitation for the taxes payable year 1988 51.23 determined under clause (a) multiplied by (2) an index for 51.24 market valuation changes equal to the assessment year 1988 total 51.25 market valuation of all taxable property subject to the tax 51.26 divided by the assessment year 1987 total market valuation of 51.27 all taxable property subject to the tax; and 51.28 (c) for taxes payable in 1990 and subsequent years, the 51.29 product of (1) the property tax levy limitation for the previous 51.30 year determined pursuant to this subdivision multiplied by (2) 51.31 an index for market valuation changes equal to the total market 51.32 valuation of all taxable property subject to the tax for the 51.33 current assessment year divided by the total market valuation of 51.34 all taxable property subject to the tax for the previous 51.35 assessment year. 51.36 For the purpose of determining the property tax levy 52.1 limitation for the taxes payable year 1988 and subsequent years 52.2 under this subdivision, "total market valuation" means the total 52.3 market valuation of all taxable property subject to the tax 52.4 without valuation adjustments for fiscal disparities (chapters 52.5 276A and 473F), tax increment financing (sections 469.174 to 52.6 469.179), or powerline credit (section 273.425) , or wind energy52.7 (sections 276.20 to 276.21) values. 52.8 Sec. 79. Minnesota Statutes 1997 Supplement, section 52.9 275.065, subdivision 6, is amended to read: 52.10 Subd. 6. [PUBLIC HEARING; ADOPTION OF BUDGET AND LEVY.] 52.11 (a) For purposes of this section, the following terms shall have 52.12 the meanings given: 52.13 (1) "Initial hearing" means the first and primary hearing 52.14 held to discuss the taxing authority's proposed budget and 52.15 proposed property tax levy for taxes payable in the following 52.16 year, or, for school districts, the current budget and the 52.17 proposed property tax levy for taxes payable in the following 52.18 year. 52.19 (2) "Continuation hearing" means a hearing held to complete 52.20 the initial hearing, if the initial hearing is not completed on 52.21 its scheduled date. 52.22 (3) "Subsequent hearing" means the hearing held to adopt 52.23 the taxing authority's final property tax levy, and, in the case 52.24 of taxing authorities other than school districts, the final 52.25 budget, for taxes payable in the following year. 52.26 (b) Between November 29 and December 20, the governing 52.27 bodies of a city that has a population over 500, county, 52.28 metropolitan special taxing districts as defined in subdivision 52.29 3, paragraph (i), and regional library districts shall each hold 52.30 an initial public hearing to discuss and seek public comment on 52.31 its final budget and property tax levy for taxes payable in the 52.32 following year, and the governing body of the school district 52.33 shall hold an initial public hearing to review its current 52.34 budget and proposed property tax levy for taxes payable in the 52.35 following year. The metropolitan special taxing districts shall 52.36 be required to hold only a single joint initial public hearing, 53.1 the location of which will be determined by the affected 53.2 metropolitan agencies. 53.3 (c) The initial hearing must be held after 5:00 p.m. if 53.4 scheduled on a day other than Saturday. No initial hearing may 53.5 be held on a Sunday. 53.6 (d) At the initial hearing under this subdivision, the 53.7 percentage increase in property taxes proposed by the taxing 53.8 authority, if any, and the specific purposes for which property 53.9 tax revenues are being increased must be discussed. During the 53.10 discussion, the governing body shall hear comments regarding a 53.11 proposed increase and explain the reasons for the proposed 53.12 increase. The public shall be allowed to speak and to ask 53.13 questions. At the public hearing, the school district must also 53.14 provide and discuss information on the distribution of its 53.15 revenues by revenue source, and the distribution of its spending 53.16 by program area. 53.17 (e) If the initial hearing is not completed on its 53.18 scheduled date, the taxing authority must announce, prior to 53.19 adjournment of the hearing, the date, time, and place for the 53.20 continuation of the hearing. The continuation hearing must be 53.21 held at least five business days but no more than 14 business 53.22 days after the initial hearing. A continuation hearing may not 53.23 be held later than December 20 except as provided in paragraphs 53.24 (f) and (g). A continuation hearing must be held after 5:00 53.25 p.m. if scheduled on a day other than Saturday. No continuation 53.26 hearing may be held on a Sunday. 53.27 (f) The governing body of a county shall hold its initial 53.28 hearing on the second Tuesday in December each year, and may 53.29 hold additional initial hearings on other dates before December 53.30 20 if necessary for the convenience of county residents. If the 53.31 county needs a continuation of its hearing, the continuation 53.32 hearing shall be held on the third Tuesday in December. If the 53.33 third Tuesday in December falls on December 21, the county's 53.34 continuation hearing shall be held on Monday, December 20. 53.35 (g) The metropolitan special taxing districts shall hold a 53.36 joint initial public hearing on the first Monday of December. A 54.1 continuation hearing, if necessary, shall be held on the second 54.2 Monday of December even if that second Monday is after December 54.3 10. 54.4 (h) The county auditor shall provide for the coordination 54.5 of initial and continuation hearing dates for all school 54.6 districts and cities within the county to prevent conflicts 54.7 under clauses (i) and (j). 54.8 (i) By August 10, each school board and the board of the 54.9 regional library district shall certify to the county auditors 54.10 of the counties in which the school district or regional library 54.11 district is located the dates on which it elects to hold its 54.12 initial hearing and any continuation hearing. If a school board 54.13 or regional library district does not certify these dates by 54.14 August 10, the auditor will assign the initial and continuation 54.15 hearing dates. The dates elected or assigned must not conflict 54.16 with the initial and continuation hearing dates of the county or 54.17 the metropolitan special taxing districts. 54.18 (j) By August 20, the county auditor shall notify the 54.19 clerks of the cities within the county of the dates on which 54.20 school districts and regional library districts have elected to 54.21 hold their initial and continuation hearings. At the time a 54.22 city certifies its proposed levy under subdivision 1 it shall 54.23 certify the dates on which it elects to hold its initial hearing 54.24 and any continuation hearing. If a city does not certify these 54.25 dates by September 15, the auditor shall assign the initial and 54.26 continuation hearing dates. The dates elected or assigned for 54.27 the initial hearing must not conflict with the initial hearing 54.28 dates of the county, metropolitan special taxing districts, 54.29 regional library districts, or school districts within which the 54.30 city is located. To the extent possible, the dates of the 54.31 city's continuation hearing should not conflict with the 54.32 continuation hearing dates of the county, metropolitan special 54.33 taxing districts, regional library districts, or school 54.34 districts within which the city is located. This paragraph does 54.35 not apply to cities of 500 population or less. 54.36 (k) The county initial hearing date and the city, 55.1 metropolitan special taxing district, regional library district, 55.2 and school district initial hearing dates must be designated on 55.3 the notices required under subdivision 3. The continuation 55.4 hearing dates need not be stated on the notices. 55.5 (l) At a subsequent hearing, each county, school district, 55.6 city over 500 population, and metropolitan special taxing 55.7 district may amend its proposed property tax levy and must adopt 55.8 a final property tax levy. Each county, city over 500 55.9 population, and metropolitan special taxing district may also 55.10 amend its proposed budget and must adopt a final budget at the 55.11 subsequent hearing. The final property tax levy must be adopted 55.12 prior to adopting the final budget. A school district is not 55.13 required to adopt its final budget at the subsequent hearing. 55.14 The subsequent hearing of a taxing authority must be held on a 55.15 date subsequent to the date of the taxing authority's initial 55.16 public hearing. If a continuation hearing is held, the 55.17 subsequent hearing must be held either immediately following the 55.18 continuation hearing or on a date subsequent to the continuation 55.19 hearing. The subsequent hearing may be held at a regularly 55.20 scheduled board or council meeting or at a special meeting 55.21 scheduled for the purposes of the subsequent hearing. The 55.22 subsequent hearing of a taxing authority does not have to be 55.23 coordinated by the county auditor to prevent a conflict with an 55.24 initial hearing, a continuation hearing, or a subsequent hearing 55.25 of any other taxing authority. All subsequent hearings must be 55.26 held prior to five working days after December 20 of the levy 55.27 year. The date, time, and place of the subsequent hearing must 55.28 be announced at the initial public hearing or at the 55.29 continuation hearing. 55.30 (m) The property tax levy certified under section 275.07 by 55.31 a city of any population, county, metropolitan special taxing 55.32 district, regional library district, or school district must not 55.33 exceed the proposed levy determined under subdivision 1, except 55.34 by an amount up to the sum of the following amounts: 55.35 (1) the amount of a school district levy whose voters 55.36 approved a referendum to increase taxes under section 124.82, 56.1 subdivision 3, or 124A.03, subdivision 2, or 124B.03,56.2 subdivision 2,after the proposed levy was certified; 56.3 (2) the amount of a city or county levy approved by the 56.4 voters after the proposed levy was certified; 56.5 (3) the amount of a levy to pay principal and interest on 56.6 bonds approved by the voters under section 475.58 after the 56.7 proposed levy was certified; 56.8 (4) the amount of a levy to pay costs due to a natural 56.9 disaster occurring after the proposed levy was certified, if 56.10 that amount is approved by the commissioner of revenue under 56.11 subdivision 6a; 56.12 (5) the amount of a levy to pay tort judgments against a 56.13 taxing authority that become final after the proposed levy was 56.14 certified, if the amount is approved by the commissioner of 56.15 revenue under subdivision 6a; 56.16 (6) the amount of an increase in levy limits certified to 56.17 the taxing authority by the commissioner of children, families, 56.18 and learning or the commissioner of revenue after the proposed 56.19 levy was certified; and 56.20 (7) the amount required under section 124.755. 56.21 (n) This subdivision does not apply to towns and special 56.22 taxing districts other than regional library districts and 56.23 metropolitan special taxing districts. 56.24 (o) Notwithstanding the requirements of this section, the 56.25 employer is required to meet and negotiate over employee 56.26 compensation as provided for in chapter 179A. 56.27 Sec. 80. Minnesota Statutes 1996, section 284.07, is 56.28 amended to read: 56.29 284.07 [COUNTY AUDITOR'S CERTIFICATE TO BE PRIMA FACIE 56.30 EVIDENCE.] 56.31 The county auditor's certificate of forfeiture filed as 56.32 provided by section 281.23, subdivision 89, and acts 56.33 supplemental thereto, or by any other law hereafter enacted 56.34 providing for the filing and recording of such a certificate or 56.35 a certified copy of such certificate or of the record thereof, 56.36 shall, for all purposes, be prima facie evidence that all 57.1 requirements of the law respecting the taxation and forfeiture 57.2 of the lands therein described were complied with, and that at 57.3 the date of the certificate absolute title to such lands had 57.4 vested in the state by reason of forfeiture for delinquent 57.5 taxes, as set forth in the certificate. 57.6 Sec. 81. Minnesota Statutes 1997 Supplement, section 57.7 297A.48, subdivision 1, is amended to read: 57.8 Subdivision 1. [AUTHORIZATION; SCOPE.] (a) A political 57.9 subdivision of this state may impose a general sales tax if 57.10 permitted by special law or if the subdivision enacted and 57.11 imposed the tax before the effective date of section 477A.016 57.12 and its predecessor provision. 57.13 (b) This section governs the imposition of a general sales 57.14 tax by the political subdivision. The provisions of this 57.15 section preempt the provisions of any special law: 57.16 (1) enacted before its effective dateJune 2, 1997, or 57.17 (2) enacted on or after its effective dateJune 2, 1997, 57.18 that does not explicitly exempt the special law provision from 57.19 this section's rules by reference. 57.20 (c) This section does not apply to or preempt a sales tax 57.21 on motor vehicles or a special excise tax on motor vehicles. 57.22 Sec. 82. Minnesota Statutes 1997 Supplement, section 57.23 297A.48, subdivision 10, is amended to read: 57.24 Subd. 10. [APPLICATION.] This section applies to all local 57.25 sales taxes authorized on or after the day of enactment of Laws57.26 1997, chapter 231June 2, 1997. Starting January 1, 2000, this 57.27 section applies to all local sales taxes that were authorized 57.28 before the day of enactment of Laws 1997, chapter 231June 2, 57.29 1997. 57.30 Sec. 83. Minnesota Statutes 1997 Supplement, section 57.31 325D.32, subdivision 4, is amended to read: 57.32 Subd. 4. "Wholesaler" means and includes any person who 57.33 acquires cigarettes for the purpose of sale to retailers or to 57.34 other persons for resale, and who maintains an established place 57.35 of business when any part of the business is the sale of 57.36 cigarettes at wholesale to persons licensed to sell cigarettes 58.1 by the state or any municipality, and where at all times a stock 58.2 of cigarettes is available to retailers for resale, or any 58.3 cigarette manufacturer or manufacturer's representative who 58.4 sells to retailers or to other persons for resale, and any 58.5 person defined as a "distributor" under section 297F.01, 58.6 subdivision 64. The term "wholesaler" shall also include a 58.7 "subjobber" as defined by section 297F.01, subdivision 195. 58.8 This subdivision does not prohibit any person from engaging in 58.9 business as a retailer as defined in subdivision 5. 58.10 Sec. 84. Minnesota Statutes 1997 Supplement, section 58.11 325D.415, is amended to read: 58.12 325D.415 [CIGARETTE DISTRIBUTOR FEES.] 58.13 A cigarette distributor as defined in section 297F.01, 58.14 subdivision 64, shall pay to the commissioner an annual fee as 58.15 follows: 58.16 (1) a fee of $2,500 is due from those distributors whose 58.17 annual cigarette tax collections exceed $2,000,000; and 58.18 (2) a fee of $1,200 is due from those distributors whose 58.19 annual cigarette tax collections are $2,000,000 or less. 58.20 The annual fee must be paid by December 31 of each year. 58.21 If the fee is not paid when due, the commissioner shall revoke 58.22 or refuse to issue or renew the license under chapter 297. The 58.23 annual fee must be deposited into the general fund. 58.24 Sec. 85. Minnesota Statutes 1996, section 325F.692, 58.25 subdivision 2, is amended to read: 58.26 Subd. 2. [UNAUTHORIZED INFORMATION SERVICE CHARGES; 58.27 LIABILITY.] A telephone service subscriber is not responsible 58.28 for information service charges for calls made by minors or 58.29 vulnerable adults as defined in section 626.5572, subdivision 258.30 21, unless expressly authorized by the subscriber or spouse. 58.31 Sec. 86. Minnesota Statutes 1997 Supplement, section 58.32 326.921, is amended to read: 58.33 326.921 [BUILDING PERMIT CONDITIONED ON LICENSURE.] 58.34 A political subdivision shall not issue a building permit 58.35 to an unlicensed person who is required to be licensed under 58.36 sections 326.83 to 326.991. A political subdivision that issues 59.1 zoning or land use permits in lieu of a building permit shall 59.2 not issue those permits to an unlicensed person who is required 59.3 to be licensed under sections 326.83 to 326.911326.991. The 59.4 political subdivision shall report the person applying for the 59.5 permit to the commissioner who may bring an action against the 59.6 person. 59.7 Sec. 87. Minnesota Statutes 1996, section 353.01, 59.8 subdivision 2a, is amended to read: 59.9 Subd. 2a. [INCLUDED EMPLOYEES.] Public employees whose 59.10 salary from one governmental subdivision exceeds $425 in any 59.11 month shall participate as members of the association. If the 59.12 salary of an employee is less than $425 in a subsequent month, 59.13 the employee retains membership eligibility. The following 59.14 persons are considered public employees: 59.15 (1) employees whose annual salary from one governmental 59.16 subdivision exceeds a stipulation prepared in advance, in 59.17 writing, to be not more than $5,100 per calendar year or per 59.18 school year for school employees for employment expected to be 59.19 of a full year's duration or more than the prorated portion of 59.20 $5,100 per employment period expected to be of less than a full 59.21 year's duration. If compensation from one governmental 59.22 subdivision to an employee under this clause exceeds $5,100 per 59.23 calendar year or school year after being stipulated in advance 59.24 not to exceed that amount, the stipulation is no longer valid 59.25 and contributions must be made on behalf of the employee under 59.26 section 353.27, subdivision 12, from the month in which the 59.27 employee's salary first exceeded $425; 59.28 (2) employees whose total salary from concurrent 59.29 nontemporary positions in one governmental subdivision exceeds 59.30 $425 in any month; 59.31 (3) elected officers for service to which they were elected 59.32 by the public-at-large, or persons appointed to fill a vacancy 59.33 in an elective office, who elect to participate by filing an 59.34 application for membership, but not for service on a joint or 59.35 regional board that is a governmental subdivision under 59.36 subdivision 6, paragraph (a), unless the salary earned for that 60.1 service exceeds $425 in any month. The option to become a 60.2 member, once exercised, may not be withdrawn during the 60.3 incumbency of the person in office; 60.4 (4) members who are appointed by the governor to be a state 60.5 department head and elect not to be covered by the Minnesota 60.6 state retirement system under section 352.021; 60.7 (5) employees of elected officers; 60.8 (6) persons who elect to remain members under section 60.9 136C.75, or480.181, subdivision 2; 60.10 (7) employees of a school district who receive separate 60.11 salaries for driving their own buses; 60.12 (8) employees of the Minnesota association of townships 60.13 when the board of the association, at its option, certifies to 60.14 the executive director that its employees are to be included for 60.15 purposes of retirement coverage, in which case coverage of all 60.16 employees of the association is permanent; 60.17 (9) employees of a county historical society who are county 60.18 employees; 60.19 (10) employees of a county historical society located in 60.20 the county whom the county, at its option, certifies to the 60.21 executive director to be county employees for purposes of 60.22 retirement coverage under this chapter, which status must be 60.23 accorded to all similarly situated county historical society 60.24 employees and, once established, must continue as long as a 60.25 person is an employee of the county historical society and is 60.26 not excluded under subdivision 2b; and 60.27 (11) employees who became members before July 1, 1988, 60.28 based on the total salary of positions held in more than one 60.29 governmental subdivision. 60.30 Sec. 88. [REPEALER; SECTION 373.40 CONFLICT.] 60.31 Laws 1997, chapter 219, section 3, is repealed. 60.32 Sec. 89. [REPEALER; SECTION 458D.14.] 60.33 Minnesota Statutes 1996, section 458D.14, subdivision 2, is 60.34 repealed. 60.35 Sec. 90. Minnesota Statutes 1996, section 458D.15, is 60.36 amended to read: 61.1 458D.15 [TAX LEVIES.] 61.2 The board shall have power to levy taxes for debt service 61.3 of the district disposal system, including solid waste disposal 61.4 facilities, upon all taxable property within the district 61.5 without limitation of rate or amount and without affecting the 61.6 amount or rate of taxes which may be levied by the board for 61.7 other purposes or by any local government unit in the district. 61.8 No other provision of law relating to debt limit shall restrict 61.9 or in any way limit the power of the board to issue the bonds 61.10 and certificates authorized in section 458D.14. The board shall 61.11 also have power to levy taxes as provided in sectionssection 61.12 458D.11 and 458D.13. Each of the county auditors shall annually 61.13 assess and extend upon the tax rolls of the auditor's county the 61.14 portion of the taxes levied by the board in each year which is 61.15 certified by the board. Each county treasurer shall collect and 61.16 make settlement of such taxes with the treasurer of the board. 61.17 Sec. 91. Minnesota Statutes 1996, section 473.191, 61.18 subdivision 2, is amended to read: 61.19 Subd. 2. [WATER RESOURCES.] The metropolitan council may 61.20 provide technical assistance to cities, counties, and towns to 61.21 expedite adoption and enforcement of local ordinances under 61.22 sections 103F.121, 103F.201 to 103F.221, and 473.204473.206 to 61.23 473.208. 61.24 Sec. 92. Minnesota Statutes 1996, section 473.197, 61.25 subdivision 2, is amended to read: 61.26 Subd. 2. [PROJECT SELECTION.] Before pledging its full 61.27 faith and credit, the council must establish criteria for 61.28 selecting appropriate qualified housing development projects for 61.29 the credit enhancement program. The council may award 61.30 preferences for qualified housing development projects that meet 61.31 criteria for preferences established by the council. The 61.32 council must establish the criteria in consultation with housing 61.33 providers in the metropolitan area. In developing priorities 61.34 for projects for the credit enhancement program, the council 61.35 shall give priority to projects that develop or redevelop 61.36 housing for low-income households. The council shall consider 62.1 the extent to which projects for the credit enhancement program 62.2 are developed in collaboration with Minnesota Youth-Build under 62.3 sections 268.361 to 268.367268.366; or training for housing 62.4 programs for homeless adults under Laws 1992, chapter 376, 62.5 article 6; or other employment training programs. 62.6 Sec. 93. Minnesota Statutes 1997 Supplement, section 62.7 473.249, subdivision 1, is amended to read: 62.8 Subdivision 1. [INDEXED LIMIT.] (a) The metropolitan 62.9 council may levy a tax on all taxable property in the 62.10 metropolitan area defined in section 473.121 to provide funds 62.11 for the purposes of sections 473.121 to 473.249 and for the 62.12 purpose of carrying out other responsibilities of the council as 62.13 provided by law. This tax for general purposes shall be levied 62.14 and collected in the manner provided by section 473.13. 62.15 (b) The property tax levied by the metropolitan council for 62.16 general purposes shall not exceed the following amount for the62.17 years specified:62.18 (a) for taxes payable in 1988, the product of 8/30 of one62.19 mill multiplied by the total assessed valuation of all taxable62.20 property located within the metropolitan area as adjusted by the62.21 provisions of Minnesota Statutes 1986, sections 272.64; 273.13,62.22 subdivision 7a; and 275.49;62.23 (b) for taxes payable in 1989, the product of (1) the62.24 metropolitan council's property tax levy limitation for general62.25 purposes for the taxes payable year 1988 determined under clause62.26 (a) multiplied by (2) an index for market valuation changes62.27 equal to the assessment year 1988 total market valuation of all62.28 taxable property located within the metropolitan area divided by62.29 the assessment year 1987 total market valuation of all taxable62.30 property located within the metropolitan area; and62.31 (c) for taxes payable in 1990 and subsequent years,the 62.32 product of: (1) the metropolitan council's property tax levy 62.33 limitation for general purposes for the previous year determined 62.34 under this subdivision multiplied by (2) the lesser of 62.35 (i) an index for market valuation changes equal to the 62.36 total market valuation of all taxable property located within 63.1 the metropolitan area for the current taxes payable year divided 63.2 by the total market valuation of all taxable property located 63.3 within the metropolitan area for the previous taxes payable 63.4 year; 63.5 (ii) an index equal to the implicit price deflator for 63.6 government consumption expenditures and gross investment for 63.7 state and local governments for the most recent month for which 63.8 data are available divided by the same implicit price deflator 63.9 for the same month of the previous year; or 63.10 (iii) 103 percent. 63.11 (c) For the purpose of determining the metropolitan 63.12 council's property tax levy limitation for general purposes for63.13 the taxes payable year 1988 and subsequent years under this63.14 subdivision, "total market valuation" means the total market 63.15 valuation of all taxable property within the metropolitan area 63.16 without valuation adjustments for fiscal disparities (chapter 63.17 473F), tax increment financing (sections 469.174 to 469.179), 63.18 and high voltage transmission lines (section 273.425). 63.19 Sec. 94. Minnesota Statutes 1996, section 477A.011, 63.20 subdivision 27, is amended to read: 63.21 Subd. 27. [REVENUE BASE.] "Revenue base" means the amount 63.22 levied for taxes payable in the previous year, including the 63.23 levy on the fiscal disparity distribution under section 276A.06, 63.24 subdivision 3, paragraph (a), or 473F.08, subdivision 3, 63.25 paragraph (a), and before reduction for the homestead and 63.26 agricultural credit aid under section 273.1398, subdivision 2, 63.27 equalization aid under section 477A.013, subdivision 5, and 63.28 disparity reduction aid under section 273.1398, subdivision 3; 63.29 plus the originally certified local government aid in the 63.30 previous year under sections 477A.011 , 477A.012,and 477A.013 ,63.31 except for 477A.013, subdivision 5; and the taconite aids 63.32 received in the previous year under sections 298.28 and 298.282. 63.33 Sec. 95. Minnesota Statutes 1997 Supplement, section 63.34 477A.011, subdivision 34, is amended to read: 63.35 Subd. 34. [CITY REVENUE NEED.] (a) For a city with a 63.36 population equal to or greater than 2,500, "city revenue need" 64.1 is the sum of (1) 3.462312 times the pre-1940 housing 64.2 percentage; plus (2) 2.093826 times the commercial industrial 64.3 percentage; plus (3) 6.862552 times the population decline 64.4 percentage; plus (4) .00026 times the city population; plus (5) 64.5 152.0141. 64.6 (b) For a city with a population less than 2,500, "city 64.7 revenue need" is the sum of (1) 1.795919 times the pre-1940 64.8 housing percentage; plus (2) 1.562138 times the commercial 64.9 industrial percentage; plus (3) 4.177568 times the population 64.10 decline percentage; plus (4) 1.04013 times the transformed 64.11 population; minus (5) 107.475. 64.12 (c) The city revenue need cannot be less than zero. 64.13 (d) For calendar year 19951998 and subsequent years, the 64.14 city revenue need for a city, as determined in paragraphs (a) to 64.15 (c), is multiplied by the ratio of the annual implicit price 64.16 deflator for government consumption expenditures and gross 64.17 investment for state and local governments as prepared by the 64.18 United States Department of Commerce, for the most recently 64.19 available year to the 1993 implicit price deflator for state and 64.20 local government purchases. 64.21 Sec. 96. Minnesota Statutes 1996, section 477A.0132, 64.22 subdivision 3, is amended to read: 64.23 Subd. 3. [ORDER OF AID REDUCTIONS.] (a) The aid reduction 64.24 to a local government calculated under subdivisions 1, 64.25 paragraphs (a) and (c), and 2, paragraphs (a) and (c), is 64.26 applied to homestead and agricultural credit aid under section 64.27 273.1398 only. 64.28 (b) The aid reduction to a local government calculated 64.29 under subdivisions 1, paragraph (d), and 2, paragraph (d), is 64.30 applied to homestead and agricultural credit aid paid under 64.31 section 273.1398 only; the amount is first subtracted from the 64.32 amount paid to a county's regional rail authority, if there is 64.33 one, and then from the county's general homestead and 64.34 agricultural credit aid. 64.35 (c) The aid reduction to a local government as calculated 64.36 under other paragraphs of subdivisions 1 and 2, is first applied 65.1 to its local government aid under sections 477A.012 andsection 65.2 477A.013 excluding aid under section 477A.013, subdivision 5;65.3 then, if necessary, to its equalization aid under section65.4 477A.013, subdivision 5; then if necessary, to its homestead and 65.5 agricultural credit aid under section 273.1398, subdivision 2; 65.6 and then, if necessary, to its disparity reduction aid under 65.7 section 273.1398, subdivision 3. No aid payment may be less 65.8 than $0. Aid reductions under this section in any given year 65.9 shall be divided equally between the July and December aid 65.10 payments unless specified otherwise. 65.11 Sec. 97. Minnesota Statutes 1996, section 477A.014, 65.12 subdivision 1, is amended to read: 65.13 Subdivision 1. [CALCULATIONS AND PAYMENTS.] The 65.14 commissioner of revenue shall make all necessary calculations 65.15 and make payments pursuant to sections 477A.012,477A.013, 65.16 477A.0132, and 477A.03 directly to the affected taxing 65.17 authorities annually. In addition, the commissioner shall 65.18 notify the authorities of their aid amounts, as well as the 65.19 computational factors used in making the calculations for their 65.20 authority, and those statewide total figures that are pertinent, 65.21 before August 1 of the year preceding the aid distribution 65.22 year. For the purposes of this subdivision, aid is determined 65.23 for a city or town based on its city or town status as of June 65.24 30 of the year preceding the aid distribution year. If the 65.25 effective date for a municipal incorporation, consolidation, 65.26 annexation, detachment, dissolution, or township organization is 65.27 on or before June 30 of the year preceding the aid distribution 65.28 year, such change in boundaries or form of government shall be 65.29 recognized for aid determinations for the aid distribution 65.30 year. If the effective date for a municipal incorporation, 65.31 consolidation, annexation, detachment, dissolution, or township 65.32 organization is after June 30 of the year preceding the aid 65.33 distribution year, such change in boundaries or form of 65.34 government shall not be recognized for aid determinations until 65.35 the following year. 65.36 Sec. 98. Minnesota Statutes 1996, section 477A.014, 66.1 subdivision 3, is amended to read: 66.2 Subd. 3. [AID AMOUNT CORRECTION.] If, due to an error in 66.3 the factors used to calculate a taxing authority's aid pursuant 66.4 to section 477A.012 or477A.013 the amount indicated in the 66.5 certification of the commissioner to the taxing authority for a 66.6 year is less than the amount to which it is entitled pursuant to 66.7 this section, the commissioner of revenue shall additionally 66.8 distribute the amount necessary to make the full correct 66.9 distribution to the taxing authority. The additional 66.10 distribution shall be paid from the general fund and shall not 66.11 diminish the distributions made to other taxing authorities 66.12 under this section. 66.13 Sec. 99. [REPEALER; SECTIONS 518.611 AND 518.613 66.14 CONFLICTS.] 66.15 Laws 1997, chapter 187, article 2, sections 11 and 12, are 66.16 repealed. 66.17 Sec. 100. Minnesota Statutes 1997 Supplement, section 66.18 552.04, subdivision 1, is amended to read: 66.19 Subdivision 1. [RULES OF CIVIL PROCEDURE.] Unless this 66.20 chapter specifically provides otherwise, the Minnesota Rules of 66.21 Civil Procedure for the district courts and section 518.51166.22 518.551 apply in all proceedings under this chapter. 66.23 Sec. 101. Minnesota Statutes 1997 Supplement, section 66.24 609.749, subdivision 2, is amended to read: 66.25 Subd. 2. [HARASSMENT AND STALKING CRIMES.] (a) A person 66.26 who harasses another by committing any of the following acts is 66.27 guilty of a gross misdemeanor: 66.28 (1) directly or indirectly manifests a purpose or intent to 66.29 injure the person, property, or rights of another by the 66.30 commission of an unlawful act; 66.31 (2) stalks, follows, or pursues another; 66.32 (3) returns to the property of another if the actor is 66.33 without claim of right to the property or consent of one with 66.34 authority to consent; 66.35 (4) repeatedly makes telephone calls, or induces a victim 66.36 to make telephone calls to the actor, whether or not 67.1 conversation ensues; 67.2 (5) makes or causes the telephone of another repeatedly or 67.3 continuously to ring; or 67.4 (6) repeatedly mails or delivers or causes the delivery of 67.5 letters, telegrams, messages, packages, or other objects ; or67.6 (7) engages in any other harassing conduct that interferes67.7 with another person or intrudes on the person's privacy or67.8 liberty. 67.9 (b) The conduct described in paragraph (a), clauses (4) and 67.10 (5), may be prosecuted at the place where any call is either 67.11 made or received. The conduct described in paragraph (a), 67.12 clause (6), may be prosecuted where any letter, telegram, 67.13 message, package, or other object is either sent or received. 67.14 Sec. 102. Minnesota Statutes 1997 Supplement, section 67.15 609.7495, subdivision 1, is amended to read: 67.16 Subdivision 1. [DEFINITIONS.] For the purposes of this 67.17 section, the following terms have the meanings given them. 67.18 (a) "Facility" means any of the following: 67.19 (1) a hospital or other health institution licensed under 67.20 sections 144.50 to 144.56; 67.21 (2) a medical facility as defined in section 144.561; 67.22 (3) an agency, clinic, or office operated under the 67.23 direction of or under contract with the commissioner of health 67.24 or a community health board, as defined in section 145A.02; 67.25 (4) a facility providing counseling regarding options for 67.26 medical services or recovery from an addiction; 67.27 (5) a facility providing emergency shelter services for 67.28 battered women, as defined in section 611A.31, subdivision 3, or 67.29 a facility providing transitional housing for battered women and 67.30 their children; 67.31 (6) a residential care home or home as defined in section67.32 144B.01, subdivision 5;67.33 (7)a facility as defined in section 626.556, subdivision 67.34 2, paragraph (f); 67.35 (8)(7) a facility as defined in section 626.5572, 67.36 subdivision 6, where the services described in that paragraph 68.1 are provided; 68.2 (9)(8) a place to or from which ambulance service, as 68.3 defined in section 144E.001, is provided or sought to be 68.4 provided; and 68.5 (10)(9) a hospice program licensed under section 144A.48. 68.6 (b) "Aggrieved party" means a person whose access to or 68.7 egress from a facility is obstructed in violation of subdivision 68.8 2, or the facility. 68.9 Sec. 103. Minnesota Statutes 1996, section 611A.21, 68.10 subdivision 2, is amended to read: 68.11 Subd. 2. As used in sections 611A.21 to 611A.23and 68.12 611A.221, a "sexual attack" means any nonconsensual act of rape, 68.13 sodomy, or indecent liberties. 68.14 Sec. 104. Minnesota Statutes 1996, section 611A.25, 68.15 subdivision 1, is amended to read: 68.16 Subdivision 1. [CREATION.] The commissioner of corrections 68.17 shall appoint a 12-member advisory council on sexual assault to 68.18 advise the commissioner on the implementation and continued 68.19 operation of sections 611A.21 to 611A.23and 611A.221. The 68.20 sexual assault advisory council shall also serve as a liaison 68.21 between the commissioner and organizations that provide services 68.22 to victims of sexual assault, and as an advocate within the 68.23 department of corrections for the rights of sexual assault 68.24 victims. 68.25 Sec. 105. Minnesota Statutes 1997 Supplement, section 68.26 611A.74, subdivision 1a, is amended to read: 68.27 Subd. 1a. [ORGANIZATION OF OFFICE.] (a) The ombudsman may 68.28 appoint employees necessary to discharge responsibilities of the 68.29 office. The ombudsman may delegate to staff members any of the 68.30 ombudsman's authority or duties except the duties of formally 68.31 making recommendations to appropriate authorities and reports to 68.32 the office of the governor or to the legislature. 68.33 (b) The commissioner of public safety shall provide office 68.34 space and administrative support services to the ombudsman and 68.35 the ombudsman's staff. 68.36 (c) The crime victim ombudsman shall report to the 69.1 legislature biennially on the activities of the crime victim 69.2 ombudsman. 69.3 Sec. 106. [REPEALER; SECTION 611A.75 CONFLICT.] 69.4 Laws 1997, chapter 239, article 7, section 37, is repealed. 69.5 Sec. 107. [REVISOR'S INSTRUCTION.] 69.6 The revisor shall delete the term "19...." where it appears 69.7 in forms or similar places in Minnesota Statutes and Minnesota 69.8 Rules and replace it with "......." 69.9 Sec. 108. [EFFECTIVE DATE.] 69.10 Section 101 is effective the day following final enactment. 69.11 ARTICLE 2 69.12 UNIFIED TRIAL COURT REFERENCE CORRECTIONS 69.13 Section 1. Minnesota Statutes 1996, section 3C.08, 69.14 subdivision 1, is amended to read: 69.15 Subdivision 1. [PERMANENT REQUIRED CONTENTS.] The 69.16 revisor's office shall publish editions of Minnesota Statutes. 69.17 Minnesota Statutes must contain the constitution of the United 69.18 States, the constitution of Minnesota, all general and permanent 69.19 statutes in force, an alphabetical index, a table of permanent 69.20 local laws, rules of the supreme court, rules of the district 69.21 court, rules of the county court,rules of other courts, rules 69.22 applicable to the courts generally, and any other information 69.23 the revisor considers desirable and practicable. 69.24 Sec. 2. Minnesota Statutes 1996, section 3C.12, 69.25 subdivision 4, is amended to read: 69.26 Subd. 4. [SALE TO COUNTY OFFICERS.] Each county shall 69.27 purchase from the revisor one copy each for the use of the judge69.28 of the county court or county municipal court, court69.29 administrator of the county court or county municipal court,69.30 county attorney, sheriff, auditor, treasurer, county recorder, 69.31 and superintendent of schools. 69.32 Sec. 3. Minnesota Statutes 1996, section 10A.01, 69.33 subdivision 19, is amended to read: 69.34 Subd. 19. [OFFICE HOLDER.] "Office holder" means an 69.35 individual who holds any statewide or legislative office, except 69.36 a federal office for which candidates are required to report 70.1 under federal laws, state supreme court justice, and judges of 70.2 the court of appeals ,or district court , county court, or county70.3 municipal court. 70.4 Sec. 4. Minnesota Statutes 1996, section 15A.082, 70.5 subdivision 1, is amended to read: 70.6 Subdivision 1. [CREATION.] A compensation council is 70.7 created each even-numbered year to assist the legislature in 70.8 establishing the compensation of constitutional officers, 70.9 members of the legislature, justices of the supreme court, 70.10 judges of the court of appeals ,and district court, county70.11 court, and county municipal court,and the heads of state and 70.12 metropolitan agencies included in section 15A.081. 70.13 Sec. 5. Minnesota Statutes 1996, section 15A.082, 70.14 subdivision 3, is amended to read: 70.15 Subd. 3. [SUBMISSION OF RECOMMENDATIONS.] (a) By May 1 in 70.16 each odd-numbered year, the compensation council shall submit to 70.17 the speaker of the house of representatives and the president of 70.18 the senate salary recommendations for constitutional officers, 70.19 legislators, justices of the supreme court, and judges of the 70.20 court of appeals ,and district court , county court, and county70.21 municipal court. The recommended salary for each office must 70.22 take effect on the first Monday in January of the next 70.23 odd-numbered year, with no more than one adjustment, to take 70.24 effect on January 1 of the year after that. The salary 70.25 recommendations for legislators, judges, and constitutional 70.26 officers take effect if an appropriation of money to pay the 70.27 recommended salaries is enacted after the recommendations are 70.28 submitted and before their effective date. Recommendations may 70.29 be expressly modified or rejected. The salary recommendations 70.30 for legislators are subject to additional terms that may be 70.31 adopted according to section 3.099, subdivisions 1 and 3. 70.32 (b) The council shall also submit to the speaker of the 70.33 house of representatives and the president of the senate 70.34 recommendations for the salary ranges of the heads of state and 70.35 metropolitan agencies, to be effective retroactively from 70.36 January 1 of that year if enacted into law. The recommendations 71.1 shall include the appropriate group in section 15A.081 to which 71.2 each agency head should be assigned and the appropriate 71.3 limitation on the maximum range of the salaries of the agency 71.4 heads in each group, expressed as a percentage of the salary of 71.5 the governor. 71.6 Sec. 6. Minnesota Statutes 1996, section 48.846, 71.7 subdivision 3, is amended to read: 71.8 Subd. 3. Upon finding that the applicant is duly 71.9 authorized to exercise fiduciary powers, the district court 71.10 shall enter an order substituting the applicant bank or trust 71.11 company in every fiduciary capacity held by the affiliated bank 71.12 or other bank or trust company for which substitution is sought 71.13 and which joined in the application, except as may be otherwise 71.14 specified in the application, and except for fiduciary 71.15 capacities in any account with respect to which a person 71.16 beneficially interested in the account has filed objection to 71.17 the substitution and has appeared and been heard in support of 71.18 the objection. Upon entry of the order, or at a later date as 71.19 may be specified in the order, the applicant bank or trust 71.20 company shall, without further act, and notwithstanding any 71.21 other law to the contrary, be substituted in every such 71.22 fiduciary capacity. The substitution may be made a matter of 71.23 record in any county of this state by filing a certified copy of 71.24 the order of substitution in the office of the court 71.25 administrator of any district , or countycourt in this state, or 71.26 by filing a certified copy of the order in the office of the 71.27 county recorder of any county in this state. 71.28 Sec. 7. Minnesota Statutes 1996, section 127.09, is 71.29 amended to read: 71.30 127.09 [REFUSING TO SERVE ON SCHOOL BOARD.] 71.31 Any person who accepts election or appointment to any 71.32 school board and who refuses or neglects to qualify or to serve 71.33 or to perform any of the duties of the office, shall be fined 71.34 $10 for each offense. The fine shall be collected in an action 71.35 before a county or municipaldistrict court. It may be 71.36 prosecuted in the name of the district by any school board 72.1 member or eligible voter of the district. 72.2 Sec. 8. Minnesota Statutes 1996, section 127.17, 72.3 subdivision 4, is amended to read: 72.4 Subd. 4. ["RUSHING" OR SOLICITING FORBIDDEN.] It is a 72.5 misdemeanor for any person, not a pupil of the schools, to be 72.6 upon school grounds, or to enter any school building, for the 72.7 purpose of "rushing" or soliciting any pupil of the schools to 72.8 join any fraternity, society, or association organized outside 72.9 of the schools. Municipal and county courts haveThe district 72.10 court has jurisdiction of offenses committed under this 72.11 subdivision. All persons found guilty shall be fined not less 72.12 than $2, nor more than $10, to be paid to the county treasurer 72.13 or, upon failure to pay the fine, to be imprisoned for not more 72.14 than ten days. 72.15 Sec. 9. Minnesota Statutes 1996, section 134A.01, is 72.16 amended to read: 72.17 134A.01 [ESTABLISHMENT OF COUNTY LAW LIBRARY.] 72.18 Any county may establish a county law library wherever 72.19 sessions of court are required to be held by law upon the filing 72.20 of an order by the judge of the county or county municipal court72.21 orby a district court judge of the judicial district in which 72.22 the county is situated with the court administrator of the 72.23 county. 72.24 Sec. 10. Minnesota Statutes 1996, section 144.651, 72.25 subdivision 1, is amended to read: 72.26 Subdivision 1. [LEGISLATIVE INTENT.] It is the intent of 72.27 the legislature and the purpose of this section to promote the 72.28 interests and well being of the patients and residents of health 72.29 care facilities. No health care facility may require a patient 72.30 or resident to waive these rights as a condition of admission to 72.31 the facility. Any guardian or conservator of a patient or 72.32 resident or, in the absence of a guardian or conservator, an 72.33 interested person, may seek enforcement of these rights on 72.34 behalf of a patient or resident. An interested person may also 72.35 seek enforcement of these rights on behalf of a patient or 72.36 resident who has a guardian or conservator through 73.1 administrative agencies or in district court or county court73.2 having jurisdiction over guardianships and conservatorships. 73.3 Pending the outcome of an enforcement proceeding the health care 73.4 facility may, in good faith, comply with the instructions of a 73.5 guardian or conservator. It is the intent of this section that 73.6 every patient's civil and religious liberties, including the 73.7 right to independent personal decisions and knowledge of 73.8 available choices, shall not be infringed and that the facility 73.9 shall encourage and assist in the fullest possible exercise of 73.10 these rights. 73.11 Sec. 11. Minnesota Statutes 1996, section 145.698, 73.12 subdivision 1, is amended to read: 73.13 Subdivision 1. [AUTHORITY.] When a person has been accused 73.14 of violating any state or local law or ordinance in district or73.15 municipalcourt, and if it appears to the court that the 73.16 defendant may be a drug dependent person, or by reason of the 73.17 repeated use of drugs may not be responsible for that person's 73.18 actions, the court may adjourn the proceedings and order the 73.19 county attorney to file a petition for commitment of the 73.20 defendant pursuant to the Minnesota hospitalization and 73.21 commitment act for confinement in a hospital, a mental health 73.22 center, the Willmar regional treatment center or other drug 73.23 treatment facility until such time as the court feels that such 73.24 person can be returned to the court. 73.25 Sec. 12. Minnesota Statutes 1996, section 164.08, 73.26 subdivision 3, is amended to read: 73.27 Subd. 3. [MAINTENANCE COSTS.] When a cartway is not 73.28 maintained by the town, one or more of the private property 73.29 owners who own land adjacent to a cartway or one or more of the 73.30 private property owners who has no access to the owner's land 73.31 except by way of the cartway may maintain the cartway. The cost 73.32 of maintenance shall be equitably divided among all of the 73.33 private property owners who own land adjacent to the cartway and 73.34 all of the private property owners who have no access to their 73.35 land except by way of the cartway. The following factors may be 73.36 taken into consideration when determining an equitable share of 74.1 maintenance expenses: the frequency of use, the type and weight 74.2 of the vehicles or equipment, and the distance traveled on the 74.3 cartway to the individual's property. The town board may 74.4 determine the maintenance costs to be apportioned to each 74.5 private property owner if the private property owners cannot 74.6 agree on the division of the costs. The town board's decision 74.7 may be appealed within 30 days to the countydistrict court of 74.8 the county in which the cartway is located. Private property 74.9 owners who pay the cost of maintenance shall have a civil cause 74.10 of action against any of the private property owners who refuse 74.11 to pay their share of the maintenance cost. 74.12 Sec. 13. Minnesota Statutes 1997 Supplement, section 74.13 169.123, subdivision 6, is amended to read: 74.14 Subd. 6. [HEARING.] (a) A hearing under this section shall 74.15 be before a district judge in any county in the judicial 74.16 district where the alleged offense occurred. The hearing shall 74.17 be to the court and may be conducted at the same time and in the 74.18 same manner as hearings upon pretrial motions in the criminal 74.19 prosecution under section 169.121, if any. The hearing shall be 74.20 recorded. The commissioner of public safety shall appear and be 74.21 represented by the attorney general or through the prosecuting 74.22 authority for the jurisdiction involved. The hearing shall be 74.23 held at the earliest practicable date, and in any event no later 74.24 than 60 days following the filing of the petition for review. 74.25 The judicial district administrator shall establish procedures 74.26 to ensure efficient compliance with this subdivision. To 74.27 accomplish this, the administrator may, whenever possible, 74.28 consolidate and transfer review hearings among the county courts74.29 locations within the judicial district where terms of district 74.30 court are held. 74.31 (b) The scope of the hearing shall be limited to the issues 74.32 in clauses (1) to (10): 74.33 (1) Did the peace officer have probable cause to believe 74.34 the person was driving, operating, or in physical control of: 74.35 (i) a motor vehicle in violation of section 169.121; or 74.36 (ii) a commercial motor vehicle in violation of section 75.1 169.1211? 75.2 (2) Was the person lawfully placed under arrest for 75.3 violation of section 169.121 or 169.1211? 75.4 (3) Was the person involved in a motor vehicle accident or 75.5 collision resulting in property damage, personal injury, or 75.6 death? 75.7 (4) Did the person refuse to take a screening test provided 75.8 for by section 169.121, subdivision 6? 75.9 (5) If the screening test was administered, did the test 75.10 indicate an alcohol concentration of 0.10 or more? 75.11 (6) At the time of the request for the test, did the peace 75.12 officer inform the person of the person's rights and the 75.13 consequences of taking or refusing the test as required by 75.14 subdivision 2? 75.15 (7) Did the person refuse to permit the test? 75.16 (8) If a test was taken by a person driving, operating, or 75.17 in physical control of a motor vehicle, did the test results 75.18 indicate at the time of testing: 75.19 (i) an alcohol concentration of 0.10 or more; or 75.20 (ii) the presence of a controlled substance listed in 75.21 schedule I or II, other than marijuana or tetrahydrocannabinols? 75.22 (9) If a test was taken by a person driving, operating, or 75.23 in physical control of a commercial motor vehicle, did the test 75.24 results indicate an alcohol concentration of 0.04 or more at the 75.25 time of testing? 75.26 (10) Was the testing method used valid and reliable and 75.27 were the test results accurately evaluated? 75.28 (c) It shall be an affirmative defense for the petitioner 75.29 to prove that, at the time of the refusal, the petitioner's 75.30 refusal to permit the test was based upon reasonable grounds. 75.31 (d) Certified or otherwise authenticated copies of 75.32 laboratory or medical personnel reports, records, documents, 75.33 licenses, and certificates shall be admissible as substantive 75.34 evidence. 75.35 (e) The court shall order that the revocation or 75.36 disqualification be either rescinded or sustained and forward 76.1 the order to the commissioner of public safety. The court shall 76.2 file its order within 14 days following the hearing. If the 76.3 revocation or disqualification is sustained, the court shall 76.4 also forward the person's driver's license or permit to the 76.5 commissioner of public safety for further action by the 76.6 commissioner of public safety if the license or permit is not 76.7 already in the commissioner's possession. 76.8 Sec. 14. Minnesota Statutes 1996, section 169.421, 76.9 subdivision 5, is amended to read: 76.10 Subd. 5. [PROCEDURES.] A civil action may be commenced as 76.11 is any civil action or by the issuance of a citation to the 76.12 owner of the vehicle by any law enforcement officer who has 76.13 reason to believe that a violation has occurred. Actions 76.14 commenced by the issuance of a citation by a law enforcement 76.15 officer shall be tried by the prosecuting authority responsible 76.16 for misdemeanor prosecutions in the jurisdiction where a 76.17 violation occurs. Any damages recovered in an action brought by 76.18 a public agency shall be deposited in the treasury of the 76.19 jurisdiction trying the action and distributed as provided in 76.20 section 487.33. Any county or county municipaldistrict court 76.21 may establish a separate civil calendar for cases brought under 76.22 this section. 76.23 Sec. 15. Minnesota Statutes 1996, section 169.421, 76.24 subdivision 7, is amended to read: 76.25 Subd. 7. [PAYMENT.] Any county or county municipal76.26 district court may establish a schedule of costs and civil 76.27 damages, and procedures for payment, in cases brought by a 76.28 public agency under which the defendant may consent to default 76.29 judgment and make payment according to the schedule without 76.30 making a personal appearance in court. 76.31 Sec. 16. Minnesota Statutes 1996, section 169.871, 76.32 subdivision 2, is amended to read: 76.33 Subd. 2. [JURISDICTION.] Notwithstanding the provisions of76.34 sections 487.15, 488A.01 and 488A.18,The county and municipal76.35 courtsdistrict court may hear, try and determine actions 76.36 commenced under this section. Trials under this section shall 77.1 be to the court, sitting without a jury. Trials to the court 77.2 under this section shall, if possible, be conducted at the same 77.3 time as pretrial motions or trials in the criminal prosecution 77.4 under sections 169.81 to 169.87, if any, subject to the 77.5 agreement of the defendant. 77.6 Sec. 17. Minnesota Statutes 1996, section 169.965, 77.7 subdivision 3, is amended to read: 77.8 Subd. 3. [PROSECUTION.] The prosecution may be before any77.9 county or municipala district court having jurisdiction over 77.10 the place where the violation occurs. 77.11 Sec. 18. Minnesota Statutes 1996, section 169.966, 77.12 subdivision 3, is amended to read: 77.13 Subd. 3. [PROSECUTION.] The prosecution may be before any77.14 county or municipala district court having jurisdiction over 77.15 the place where the violation occurs. 77.16 Sec. 19. Minnesota Statutes 1996, section 169.971, 77.17 subdivision 4, is amended to read: 77.18 Subd. 4. [COURT.] "Court" means a municipal court,77.19 district court , or county court. 77.20 Sec. 20. Minnesota Statutes 1996, section 169.99, 77.21 subdivision 3, is amended to read: 77.22 Subd. 3. [ALTERATION BY LOCAL GOVERNMENTS.] Any city of 77.23 the first class, through its governing body, may alter by 77.24 deletion or addition the uniform traffic ticket in such manner 77.25 as it deems advisable for use in such city, provided that it 77.26 includes the notice required by subdivision 1, paragraph (b). 77.27 In respect to any public corporation organized and existing 77.28 pursuant to sections 473.601 to 473.679, whose ordinances and 77.29 regulations for the control of traffic are enforced through 77.30 prosecution in the municipal court ofdistrict court having 77.31 jurisdiction in one or the other of the cities of the first 77.32 class included within such public corporation, the traffic 77.33 ticket used in such enforcement shall conform to that used by 77.34 the city of the first class in whose municipal courtthe 77.35 district court having jurisdiction where its ordinances and 77.36 regulations are enforced, except as to color and as to 78.1 information uniquely applying to such public corporation and to 78.2 its ordinances and regulations. 78.3 Sec. 21. Minnesota Statutes 1996, section 204B.11, 78.4 subdivision 1, is amended to read: 78.5 Subdivision 1. [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 78.6 Except as provided by subdivision 2, a filing fee shall be paid 78.7 by each candidate who files an affidavit of candidacy. The fee 78.8 shall be paid at the time the affidavit is filed. The amount of 78.9 the filing fee shall vary with the office sought as follows: 78.10 (a) for the office of governor, lieutenant governor, 78.11 attorney general, state auditor, state treasurer, secretary of 78.12 state, representative in Congress, judge of the supreme court, 78.13 judge of the court of appeals, or judge of the district court, 78.14 or judge of the county municipal court of Hennepin county,$300; 78.15 (b) for the office of senator in Congress, $400; 78.16 (c) for office of senator or representative in the 78.17 legislature, $100; 78.18 (d) for a county office, $50; and 78.19 (e) for the office of soil and water conservation district 78.20 supervisor, $20. 78.21 For the office of presidential elector, and for those 78.22 offices for which no compensation is provided, no filing fee is 78.23 required. 78.24 The filing fees received by the county auditor shall 78.25 immediately be paid to the county treasurer. The filing fees 78.26 received by the secretary of state shall immediately be paid to 78.27 the state treasurer. 78.28 When an affidavit of candidacy has been filed with the 78.29 appropriate filing officer and the requisite filing fee has been 78.30 paid, the filing fee shall not be refunded. If a candidate's 78.31 filing fee is paid with a check, draft, or similar negotiable 78.32 instrument for which sufficient funds are not available or that 78.33 is dishonored, notice to the candidate of the worthless 78.34 instrument must be sent by the filing officer via registered 78.35 mail no later than immediately upon the closing of the filing 78.36 deadline with return receipt requested. The candidate will have 79.1 five days from the time the filing officer receives proof of 79.2 receipt to issue a check or other instrument for which 79.3 sufficient funds are available. The candidate issuing the 79.4 worthless instrument is liable for a service charge pursuant to 79.5 section 332.50. If adequate payment is not made, the name of 79.6 the candidate must not appear on any official ballot and the 79.7 candidate is liable for all costs incurred by election officials 79.8 in removing the name from the ballot. 79.9 Sec. 22. Minnesota Statutes 1996, section 204B.11, 79.10 subdivision 2, is amended to read: 79.11 Subd. 2. [PETITION IN PLACE OF FILING FEE.] At the time of 79.12 filing an affidavit of candidacy, a candidate may present a 79.13 petition in place of the filing fee. The petition may be signed 79.14 by any individual eligible to vote for the candidate. A 79.15 nominating petition filed pursuant to section 204B.07 or 79.16 204B.13, subdivision 4, is effective as a petition in place of a 79.17 filing fee if the nominating petition includes a prominent 79.18 statement informing the signers of the petition that it will be 79.19 used for that purpose. 79.20 The number of signatures on a petition in place of a filing 79.21 fee shall be as follows: 79.22 (a) for a state office voted on statewide, or for president 79.23 of the United States, or United States senator, 2,000; 79.24 (b) for a congressional office, 1,000; 79.25 (c) for a county or legislative office, or for the office 79.26 of district , county, or county municipaljudge, 500; and 79.27 (d) for any other office which requires a filing fee as 79.28 prescribed by law, municipal charter, or ordinance, the lesser 79.29 of 500 signatures or five percent of the total number of votes 79.30 cast in the municipality, ward, or other election district at 79.31 the preceding general election at which that office was on the 79.32 ballot. 79.33 An official with whom petitions are filed shall make sample 79.34 forms for petitions in place of filing fees available upon 79.35 request. 79.36 Sec. 23. Minnesota Statutes 1996, section 204B.34, 80.1 subdivision 3, is amended to read: 80.2 Subd. 3. [JUDICIAL ELECTIONS.] When one or more justices 80.3 of the supreme court or judges of the court of appeals or of a 80.4 district , county or county municipalcourt are to be nominated 80.5 at the same primary or elected at the same general election, the 80.6 notice of election shall state the name of each justice or judge 80.7 whose successor is to be nominated or elected. 80.8 Sec. 24. Minnesota Statutes 1996, section 204C.35, 80.9 subdivision 2, is amended to read: 80.10 Subd. 2. [OPTIONAL RECOUNT.] A losing candidate for 80.11 nomination or election to a legislative office or to a district ,80.12 county, or county municipalcourt judicial office may request a 80.13 recount in a manner provided in this section at the candidate's 80.14 own expense when the vote difference is greater than the 80.15 difference required by this section. The votes shall be 80.16 recounted as provided in this section if the candidate files a 80.17 request during the time for filing notice of contest of the 80.18 primary or election for which a recount is sought. The 80.19 requesting candidate shall file with the filing officer a bond, 80.20 cash, or surety in an amount set by the filing officer for the 80.21 payment of the recount expenses. The requesting candidate is 80.22 responsible for the following expenses: the compensation of the 80.23 secretary of state, or designees, and any election judge, 80.24 municipal clerk, county auditor, administrator, or other 80.25 personnel who participate in the recount; the costs of computer 80.26 operation, preparation of ballot counting equipment, necessary 80.27 supplies and travel related to the recount; the compensation of 80.28 the appropriate canvassing board and costs of preparing for the 80.29 canvass of recount results; and any attorney fees incurred in 80.30 connection with the recount by the governing body responsible 80.31 for the recount. 80.32 Sec. 25. Minnesota Statutes 1996, section 204D.02, 80.33 subdivision 1, is amended to read: 80.34 Subdivision 1. [OFFICERS.] All elective state and county 80.35 officers, justices of the supreme court, judges of the court of 80.36 appeals ,and district , county and county municipal courtscourt, 81.1 state senators and state representatives, and senators and 81.2 representatives in Congress shall be elected at the state 81.3 general election held in the year before their terms of office 81.4 expire. Presidential electors shall be chosen at the state 81.5 general election held in the year before the expiration of a 81.6 term of a president of the United States. 81.7 Sec. 26. Minnesota Statutes 1996, section 204D.08, 81.8 subdivision 6, is amended to read: 81.9 Subd. 6. [STATE AND COUNTY NONPARTISAN PRIMARY BALLOT.] 81.10 The state and county nonpartisan primary ballot shall be headed 81.11 "State and County Nonpartisan Primary Ballot." It shall be 81.12 printed on canary paper. The names of candidates for nomination 81.13 to the supreme court, court of appeals, district , county and81.14 county municipal courtscourt, and all county offices shall be 81.15 placed on this ballot. 81.16 No candidate whose name is placed on the state and county 81.17 nonpartisan primary ballot shall be designated or identified as 81.18 the candidate of any political party or in any other manner 81.19 except as expressly provided by law. 81.20 Sec. 27. Minnesota Statutes 1996, section 257.022, 81.21 subdivision 1, is amended to read: 81.22 Subdivision 1. [WHEN PARENT IS DECEASED.] If a parent of 81.23 an unmarried minor child is deceased, the parents and 81.24 grandparents of the deceased parent may be granted reasonable 81.25 visitation rights to the unmarried minor child during minority 81.26 by the district or countycourt upon finding that visitation 81.27 rights would be in the best interests of the child and would not 81.28 interfere with the parent child relationship. The court shall 81.29 consider the amount of personal contact between the parents or 81.30 grandparents of the deceased parent and the child prior to the 81.31 application. 81.32 Sec. 28. Minnesota Statutes 1996, section 257.022, 81.33 subdivision 2a, is amended to read: 81.34 Subd. 2a. [WHEN CHILD HAS RESIDED WITH GRANDPARENTS.] If 81.35 an unmarried minor has resided with grandparents or 81.36 great-grandparents for a period of 12 months or more, and is 82.1 subsequently removed from the home by the minor's parents, the 82.2 grandparents or great-grandparents may petition the district or82.3 countycourt for an order granting them reasonable visitation 82.4 rights to the child during minority. The court shall grant the 82.5 petition if it finds that visitation rights would be in the best 82.6 interests of the child and would not interfere with the parent 82.7 and child relationship. 82.8 Sec. 29. Minnesota Statutes 1996, section 257.59, 82.9 subdivision 1, is amended to read: 82.10 Subdivision 1. [COURT JURISDICTION.] Except in Hennepin82.11 and Ramsey counties, the county court has jurisdiction of an82.12 action brought under sections 257.51 to 257.74. In Hennepin and82.13 Ramsey counties,The district court has jurisdiction of an 82.14 action brought under sections 257.51 to 257.74. The action may 82.15 be joined with an action for dissolution, annulment, legal 82.16 separation, custody under chapter 518, or reciprocal enforcement 82.17 of support. 82.18 Sec. 30. Minnesota Statutes 1996, section 345.02, is 82.19 amended to read: 82.20 345.02 [UNCLAIMED PROPERTY MAY BE SOLD UPON NOTICE; SUMMARY 82.21 SALE.] 82.22 If any property is not claimed or taken away within one 82.23 year after its reception, it may be sold upon 60 days' notice. 82.24 If it is perishable or subject to decay by keeping, it may be 82.25 sold, if not taken away within 30 days, upon ten days' notice. 82.26 If it is in a state of decay, or manifestly liable to decay, it 82.27 may be summarily sold by order of any judge of the county or82.28 municipaldistrict court after inspection and without notice. 82.29 When not sold summarily, notice shall be given to the owner 82.30 personally or by mail. If the name of the owner is not known, 82.31 and cannot be ascertained with reasonable diligence, published 82.32 notice for the prescribed periods shall be given. 82.33 Sec. 31. Minnesota Statutes 1996, section 345.03, is 82.34 amended to read: 82.35 345.03 [PROCEEDINGS IF PROPERTY NOT CLAIMED.] 82.36 If the owner or person entitled to the property does not 83.1 take it away and pay the charges on it after notice has been 83.2 given, the person having possession of it or the possessor's 83.3 agent shall make and deliver to the judge of any county or83.4 municipaldistrict court, an affidavit setting forth a 83.5 description of the property, the date of its reception, the 83.6 giving of the notice, and whether the owner is known or unknown. 83.7 Sec. 32. Minnesota Statutes 1996, section 345.14, is 83.8 amended to read: 83.9 345.14 [FEES OF COURT ADMINISTRATORS AND CONSTABLES.] 83.10 For services performed under the provisions of this 83.11 chapter, court administrators of county or municipal83.12 courtsdistrict court shall be allowed $1 for each day, and 83.13 constables the same fees as are allowed by law for sales upon 83.14 execution, and ten cents per folio for making an inventory of 83.15 the property. 83.16 Sec. 33. Minnesota Statutes 1996, section 346.04, is 83.17 amended to read: 83.18 346.04 [CHARGES FOR KEEPING.] 83.19 The person entitled to the possession of any estray, at any 83.20 time within one year after notice is filed with the town clerk, 83.21 may have it restored upon proving the right to it and paying all 83.22 lawful charges that occur in relation to it. If the person and 83.23 the finder cannot agree as to the amount of the charges, or upon 83.24 what should be allowed for the use of the estray, either party, 83.25 on notice to the other, may apply to a county or municipal83.26 district court judge to settle the disagreement. The judge may 83.27 examine witnesses on oath. If any amount is owed to the finder, 83.28 over the value of the use of the estray, the money, with costs, 83.29 shall be a lien upon the estray. The costs of the adjudication 83.30 shall be allocated by the judge. 83.31 Sec. 34. Minnesota Statutes 1996, section 346.55, 83.32 subdivision 2, is amended to read: 83.33 Subd. 2. [JURISDICTION.] Notwithstanding sections 487.15,83.34 488A.01, and 488A.18,The county and municipal courtsdistrict 83.35 court may hear, try, and determine actions started under this 83.36 section. Trials under this section must be to the court, 84.1 sitting without a jury. 84.2 Sec. 35. Minnesota Statutes 1996, section 347.04, is 84.3 amended to read: 84.4 347.04 [PUBLIC NUISANCE.] 84.5 Any dog that habitually worries, chases, or molests teams 84.6 or persons traveling peaceably on the public road is a public 84.7 nuisance. Upon complaint in writing to a county or municipal 84.8 judge containing a description of the dog, including the name of 84.9 the dog and its owner, or stating that the name or names are not 84.10 known, and alleging that the dog is a public nuisance, the judge 84.11 shall issue a summons, if the owner is known, commanding the 84.12 owner to appear before the judge at a specified time, not less 84.13 than six nor more than ten days from the date of the summons, to 84.14 answer the complaint. The summons shall be served not less than 84.15 six days before the day of the hearing in the same manner as 84.16 other county or municipaldistrict court summonses. 84.17 Sec. 36. Minnesota Statutes 1996, section 383A.281, 84.18 subdivision 13, is amended to read: 84.19 Subd. 13. [COUNTY PERSONNEL SYSTEM.] "County personnel 84.20 system" means all employees in the departments or agencies of 84.21 county government or joint city and county agencies which 84.22 receive their funding in whole or in part from the county board, 84.23 including employees of: 84.24 (a) elected officials; 84.25 (b) the Saint Paul-Ramsey medical center commission; and 84.26 (c) the court administrator of district court; 84.27 but not including: 84.28 (1) district and municipalcourt judges; 84.29 (2) court reporters, law clerks, referees employed by the 84.30 district and municipal courts, employees of the municipalcourt, 84.31 and the second judicial district administrator's office; 84.32 (3) court commissioners; 84.33 (4) the public defender; 84.34 (5) employees of the examiner of titles, agricultural 84.35 extension service, humane society, historical society, and soil 84.36 and water conservation district; and 85.1 (6) other employees not subject to a county personnel 85.2 system because of state law. 85.3 Sec. 37. Minnesota Statutes 1996, section 383A.286, 85.4 subdivision 2, is amended to read: 85.5 Subd. 2. [UNCLASSIFIED POSITIONS.] The following positions 85.6 shall be in the unclassified service: 85.7 (a) positions held by elected officials or persons 85.8 appointed to fill an elected office; 85.9 (b) one assistant for each elected official; 85.10 (c) the director or principal administrative officer of a 85.11 department of county government or agency created by law, except 85.12 that the affirmative action officer, personnel director, 85.13 internal auditor, and director of budgeting and accounting shall 85.14 be positions in the classified service; 85.15 (d) doctors, residents, and student nurses employed by the 85.16 county or county agency; 85.17 (e) members of a board or commission appointed by the 85.18 county, or the county and the city, and acting in an advisory 85.19 capacity; 85.20 (f) weed inspectors, election judges, or election clerks; 85.21 (g) special police officers or special deputy sheriffs 85.22 serving without pay; 85.23 (h) judges, court administrators, court reporters, 85.24 receivers, referees, the examiner or assistant examiners of 85.25 titles, public defenders, arbiters, jurors, court administrator 85.26 of district court, or persons appointed by the district court to 85.27 make or conduct a special inquiry of a judicial or temporary 85.28 character; 85.29 (i) all positions in the municipal court of Ramsey county85.30 and thesecond judicial district administrator's office; 85.31 (j) the executive director and eight principal assistants; 85.32 (k) the chief executive officer of the medical center and 85.33 seven principal assistants; 85.34 (l) interns, student workers, law clerks, or other 85.35 employees employed for a limited duration as determined by the 85.36 county board; 86.1 (m) positions designated by the county board as 86.2 unclassified pursuant to subdivision 3; 86.3 (n) the sheriff, the sheriff's chief deputy, three 86.4 principal assistants, and a personal secretary; and 86.5 (o) the county attorney, the county attorney's first 86.6 assistant, one principal assistant, and a personal secretary. 86.7 Sec. 38. Minnesota Statutes 1996, section 383A.404, 86.8 subdivision 4, is amended to read: 86.9 Subd. 4. [OFFICIAL ATTENDANCE AT COURT.] The director or a 86.10 department person designated by the director shall be present in 86.11 the municipal courts in each subdivision of Ramsey county and in86.12 thejuvenile court ofjudge having chambers in the county at 86.13 each regular session, and shall be present in the district court 86.14 and any other court now or hereafter established in the county 86.15 when so requested by a judge of that court. 86.16 Sec. 39. Minnesota Statutes 1996, section 383B.054, 86.17 subdivision 6, is amended to read: 86.18 Subd. 6. [RECOVERY OF LATE FILING FEES.] A filing officer 86.19 may bring an action in the Hennepin county municipalfourth 86.20 judicial district court to recover any late filing fee imposed 86.21 pursuant to subdivision 5. All money recovered shall be 86.22 deposited in the general fund of Hennepin county. 86.23 Sec. 40. Minnesota Statutes 1996, section 383B.057, is 86.24 amended to read: 86.25 383B.057 [PROSECUTION OF VIOLATIONS.] 86.26 Except as otherwise provided in this section, a violation 86.27 of a criminal provision of sections 383B.041 to 383B.056 shall 86.28 be prosecuted by the Hennepin county attorney in the Hennepin86.29 county municipalfourth judicial district court. A violation by 86.30 a county official or candidate shall be prosecuted by the 86.31 attorney general in the district court of Ramsey county. 86.32 Sec. 41. Minnesota Statutes 1996, section 383B.121, 86.33 subdivision 1, is amended to read: 86.34 Subdivision 1. To implement the provisions of Laws 1975, 86.35 chapter 402, section 1, and Laws 1977, chapter 453, section 4, 86.36 subdivision 3, the Hennepin county board of commissioners is 87.1 authorized to establish and operate a corrections facility in 87.2 Hennepin county for the confinement of adult males and females 87.3 as the district court for the fourth judicial district or the87.4 Hennepin county municipal courtshall order confined there for 87.5 the service of sentences which alone or in combination with any 87.6 other sentence requires imprisonment for no longer than one year. 87.7 Sec. 42. Minnesota Statutes 1996, section 383B.129, is 87.8 amended to read: 87.9 383B.129 [INMATES FROM OTHER JURISDICTIONS.] 87.10 To the extent that the proper confinement, health, and 87.11 safety of inmates permit, the superintendent may accept for 87.12 confinement for periods not exceeding one year persons ordered 87.13 confined at the corrections facility for the execution of 87.14 sentences imposed in any county court ordistrict court of the 87.15 state or in a United States magistrate's court or a district 87.16 court. The maintenance cost for the inmate shall be the same as 87.17 that provided for in section 383B.128 and shall be borne by the 87.18 county or counties wherein the offense for which the inmate was 87.19 convicted occurred. With respect to any inmate convicted in a 87.20 United States magistrate's court or a district court the 87.21 maintenance cost of the inmate shall be the same as that 87.22 provided in section 383B.128 and shall be borne by the United 87.23 States. Prior to accepting any inmate for confinement pursuant 87.24 to this section, the superintendent shall have completed an 87.25 agreement with the appropriate county, state, or federal 87.26 authority as to the terms, conditions, and duration of the 87.27 confinement and for the payment of maintenance costs. 87.28 Sec. 43. Minnesota Statutes 1996, section 383B.225, 87.29 subdivision 10, is amended to read: 87.30 Subd. 10. [RECORDS AND REPORTS.] The county medical 87.31 examiner's office shall keep full and complete records, properly 87.32 indexed giving the name, if known, of every person or body of a 87.33 deceased person who is the subject of investigation by the 87.34 office, the place where the body was found, date and cause of 87.35 death, and all other available information relating to it. The 87.36 final report of the investigating examiner, and the findings of 88.1 the autopsy, if any, shall be attached to the record of each 88.2 case. The examiner shall, upon request, deliver to the county 88.3 attorney copies of records or other information in the 88.4 examiner's office of any cases of a criminal nature. The 88.5 records and reports, including those of autopsies performed 88.6 under the provisions of sections 383B.211 to 383B.229, or 88.7 transcriptions thereof, certified by the county medical 88.8 examiner, shall be received as evidence in any court or grand 88.9 jury proceeding in this state. The records and reports which 88.10 shall be admissible as evidence under this subdivision shall not 88.11 include statements made by witnesses or other persons unless 88.12 otherwise admissible. Whenever requested by the Hennepin county 88.13 attorney, the examiner and the examiner's personnel shall appear 88.14 and testify before a Hennepin county grand jury or any Hennepin88.15 countythe fourth judicial district court, without fees or 88.16 additional compensation. 88.17 Sec. 44. Minnesota Statutes 1996, section 393.07, 88.18 subdivision 9, is amended to read: 88.19 Subd. 9. [POWER TO COMPEL CERTAIN PERSONS TO PAY CHILD 88.20 SUPPORT.] When directed by a judge of district or countycourt 88.21 or when a person under court order is in default in making child 88.22 support payments to another person who has custody of the 88.23 children for whom such payments have been ordered, the local 88.24 social services agency shall take such steps as may be necessary 88.25 to compel the person in default on such payments to make them; 88.26 to take such steps as may be necessary to compel such persons to 88.27 make reimbursement to comply with the order of court when in 88.28 default; and to institute, if necessary, contempt proceedings on 88.29 behalf of such person or persons to whom money or property is 88.30 ordered to be paid or delivered. It shall be the duty of the 88.31 county attorney to conduct such contempt proceedings when 88.32 directed by a judge of the district or countycourt or when 88.33 requested by the local social services agency. The county 88.34 attorney in such contempt proceedings or upon a separate motion 88.35 supported by order to show cause and affidavits may move the 88.36 court that any defaults or delinquent payments under such order 89.1 of support be reduced to a judgment against the defaulting 89.2 party, and where the local social services agency or any other 89.3 public agency has advanced and expended funds to supply the 89.4 unmet needs of such children because of such default by failure 89.5 to pay the court order, such local social services agency or 89.6 other public agency shall be subrogated and may recover under 89.7 such judgment to the extent that public funds were expended for 89.8 the care and support of such children. The additional cost 89.9 incurred by the county attorney to bring contempt actions under 89.10 this subdivision shall be paid from the moneys collected in such 89.11 actions in whatever manner and amount approved by a judge of 89.12 that particular county orthe district court. 89.13 Sec. 45. Minnesota Statutes 1996, section 395.23, is 89.14 amended to read: 89.15 395.23 [DUTIES OF POLICE OFFICERS.] 89.16 It shall be the duty of the constable and town clerk of a 89.17 town and the members of the county board, sheriff, and county 89.18 attorneys of any county furnishing seed or feed, having any 89.19 knowledge of the violation of the provisions of sections 395.14 89.20 to 395.24, to file a complaint with a county or municipal89.21 district court. The court shall issue a warrant for the arrest 89.22 of the offender, and proceed to hear and determine the matter or 89.23 to bind the offender over to appear before the grand jury, as 89.24 the case may be. 89.25 Sec. 46. Minnesota Statutes 1996, section 448.56, 89.26 subdivision 2, is amended to read: 89.27 Subd. 2. [SUPERINTENDENCE.] The board of park 89.28 commissioners shall have authority to direct, superintend, and 89.29 regulate the planting, culture, and preservation of shade and 89.30 ornamental trees, shrubbery, and turf in the streets, avenues, 89.31 alleys, and public grounds of the city, and in such parts 89.32 thereof as may be lawfully placed under the jurisdiction and 89.33 control of the board of park commissioners. 89.34 No shade or ornamental trees, shrubbery, or turf growing in 89.35 the streets, avenues, alleys, and public grounds of the city 89.36 shall be destroyed or removed except by leave in writing first 90.1 obtained from the president of the board of park commissioners, 90.2 the same to be duly countersigned and recorded by the secretary 90.3 of the board. 90.4 The board of park commissioners may, by proper ordinances, 90.5 provide for the enforcement of this subdivision and for the 90.6 preservation of such trees, shrubbery, and turf and affix 90.7 penalties for the violation of these ordinances, and the 90.8 municipaldistrict court of thehaving chambers in the county in 90.9 which the city is located shall have jurisdiction of all 90.10 offenses against these ordinances. 90.11 Sec. 47. Minnesota Statutes 1996, section 462.16, is 90.12 amended to read: 90.13 462.16 [POWER TO ENACT ORDINANCES FOR ENFORCEMENT OF RIGHTS 90.14 GIVEN TO COUNCIL.] 90.15 The council shall have the power to enact ordinances for 90.16 the enforcement of the rights which shall be acquired under 90.17 sections 462.12 to 462.17, and to fix penalties for their 90.18 violation, including a fine not exceeding $100 or confinement in 90.19 the city workhouse not exceeding 90 days. Violations of the 90.20 ordinances may be prosecuted in the municipaldistrict court of90.21 the city. Restricted residence districts created pursuant to 90.22 sections 462.12 to 462.16 shall be subject to the provisions of 90.23 section 541.023. In construing the scope and effect of a 90.24 residence district restriction, equitable principles shall be 90.25 utilized and the following shall be considered: the historic 90.26 pattern of enforcement or nonenforcement; changed circumstances; 90.27 the length of time during which current uses have been allowed 90.28 to exist; the actual impact of current land uses; and 90.29 detrimental reliance. 90.30 Sec. 48. Minnesota Statutes 1996, section 465.48, is 90.31 amended to read: 90.32 465.48 [POWERS AND DUTIES OF COUNCIL; PENALTIES.] 90.33 The city council shall have power and it shall be its duty 90.34 after the construction of such works to maintain the same and to 90.35 prevent injury or obstruction to the channel or works and 90.36 contamination of the waters. For such purposes the city council 91.1 may enact suitable ordinances and prescribe penalties for their 91.2 violation, not exceeding a fine of $100 for each offense or 91.3 confinement in the city workhouse not exceeding 90 days. The 91.4 municipaldistrict court of thehaving chambers in the county in 91.5 which the city is located shall have jurisdiction of suchthe 91.6 offenses. 91.7 Sec. 49. Minnesota Statutes 1996, section 473.608, 91.8 subdivision 17, is amended to read: 91.9 Subd. 17. [ORDINANCES.] (1) It may adopt and enforce 91.10 rules, regulations, and ordinances it deems necessary for the 91.11 purposes of sections 473.601 to 473.679, including those 91.12 relating to the internal operation of the corporation and to the 91.13 management and operation of airports owned or operated by it, 91.14 subject to sections 473.601 to 473.679. Any person violating 91.15 any rule, regulation or ordinance is guilty of a misdemeanor. 91.16 (2) The prosecution may be before a county or municipalthe 91.17 district court having jurisdiction over the place where the 91.18 violation occurs. Every sheriff, constable, police officers, 91.19 and other peace officer shall arrest offenders. The fines 91.20 collected shall be paid into the treasury of the corporation. 91.21 The portion of the fines necessary to cover all costs and 91.22 disbursements incurred in processing and prosecuting the 91.23 violations in the court shall be transferred to the court 91.24 administrator. All persons committed shall be received into any 91.25 penal institution in the county in which the offense was 91.26 committed. All persons shall take notice of the rules, 91.27 regulations, and ordinances without pleading or proof. 91.28 (3) A public hearing need not be held on rules, regulations 91.29 and ordinances relating to the internal operation of the 91.30 commission or to the management or operation of airports owned 91.31 or operated by it unless the rule, regulation or ordinance 91.32 affects substantial rights. 91.33 (4) When necessary, the corporation may adopt and enforce 91.34 without a public hearing all other rules, regulations or 91.35 ordinances, but it shall hold a public hearing within 30 days 91.36 after their adoption. Prior to the hearing, the corporation 92.1 shall give at least 15 days notice by publication in appropriate 92.2 legal newspapers of general circulation in the metropolitan area 92.3 and mail a copy of them to all interested parties who have 92.4 registered their names with the corporation for that purpose. 92.5 If the rules, regulations, or ordinances are not deemed 92.6 immediately necessary, the corporation shall hold a public 92.7 hearing on them after giving the required notice. The rules, 92.8 regulations, or ordinances shall not be adopted and enforced 92.9 until after the hearing. 92.10 (5) Notice of the adoption of rules, regulations and 92.11 ordinances shall, as soon as possible after adoption, be 92.12 published in appropriate legal newspapers of general circulation 92.13 in the metropolitan area. Proof of publication and a copy of 92.14 the rule, regulation, or ordinance shall be filed with the 92.15 secretary of state. They shall then be in full force and effect. 92.16 (6) Any person substantially interested or affected in 92.17 rights as to person or property by a rule, regulation or 92.18 ordinance adopted by the corporation, may petition the 92.19 corporation for reconsideration, amendment, modification, or 92.20 waiver of it. The petition shall set forth a clear statement of 92.21 the facts and grounds upon which it is based. The corporation 92.22 shall grant the petitioner a public hearing within 30 days after 92.23 the filing of the petition. 92.24 Sec. 50. Minnesota Statutes 1996, section 480.052, is 92.25 amended to read: 92.26 480.052 [ADVISORY COMMITTEE.] 92.27 Before any rules are adopted the supreme court shall 92.28 appoint an advisory committee consisting of eight members of the 92.29 bar of the state, one judge of the court of appeals, and two 92.30 judges of the district court , and one judge of a court92.31 exercising municipal court jurisdictionto assist the court in 92.32 considering and preparing such rules as it may adopt. 92.33 Sec. 51. Minnesota Statutes 1996, section 480.054, is 92.34 amended to read: 92.35 480.054 [DISTRIBUTION OF PROPOSED RULES; HEARING.] 92.36 Before any rule for the court of appeals or for the 93.1 district , county, or county municipal courtscourt is adopted, 93.2 the supreme court shall distribute copies of the proposed rule 93.3 to the bench and bar of the state for their consideration and 93.4 suggestions and give due consideration to any suggestions they 93.5 submit to the court. The court of appeals judges, the district 93.6 court judges association, the Minnesota county court judges 93.7 association, or the municipal court judges association may file 93.8 with the court a petition specifying their suggestions 93.9 concerning any existing or proposed rule and requesting a 93.10 hearing on it. The court shall grant a hearing within six 93.11 months after the filing of the petition. The court may grant a 93.12 hearing upon the petition of any other person. 93.13 Sec. 52. Minnesota Statutes 1996, section 480.055, 93.14 subdivision 1, is amended to read: 93.15 Subdivision 1. [OTHER COURTS.] Any court, other than the 93.16 supreme court, may adopt rules of court governing its practice; 93.17 the judges of the court of appeals, pursuant to section 480A.11, 93.18 and the judges of district courts, pursuant to sections 484.33 93.19 and 484.52, the judges of county courts, pursuant to section93.20 487.23, and the judges of municipal courts, pursuant to chapter93.21 488A,may adopt rules not in conflict with the rules promulgated 93.22 by the supreme court. 93.23 Sec. 53. Minnesota Statutes 1996, section 480.059, 93.24 subdivision 2, is amended to read: 93.25 Subd. 2. [ADVISORY COMMITTEE.] Before any such rules are 93.26 adopted the supreme court shall appoint an advisory committee 93.27 consisting of eight lawyers licensed to practice law in the 93.28 state, one judge of the court of appeals, and two judges of the 93.29 district court , and one judge of a court exercising municipal93.30 court jurisdictionto assist the court in considering and 93.31 preparing such rules. 93.32 Sec. 54. Minnesota Statutes 1996, section 480.0591, 93.33 subdivision 2, is amended to read: 93.34 Subd. 2. [ADVISORY COMMITTEE.] Before any such rules are 93.35 adopted the supreme court shall appoint an advisory committee 93.36 consisting of eight lawyers licensed to practice law in the 94.1 state and at least two judges of the district court and one94.2 judge of a court exercising municipal court jurisdictionto 94.3 assist the court in considering and preparing such rules. 94.4 Sec. 55. Minnesota Statutes 1996, section 480.19, is 94.5 amended to read: 94.6 480.19 [APPLICATION TO SUPREME AND OTHER COURTS.] 94.7 Sections 480.13 to 480.20 apply to the following courts: 94.8 The supreme court, the court of appeals, and the district ,94.9 county, and county municipal courtscourt. 94.10 Sec. 56. [REPEALER; SECTION 484.015.] 94.11 Minnesota Statutes 1996, section 484.015, is repealed. 94.12 Sec. 57. Minnesota Statutes 1996, section 484.66, 94.13 subdivision 2, is amended to read: 94.14 Subd. 2. The duties, functions and responsibilities which 94.15 have been heretofore and which may be hereafter required by 94.16 statute or law to be performed by the court administrator of 94.17 district court shall be performed by the district administrator, 94.18 who shall be appointed pursuant to section 484.68. 94.19 The district administrator, subject to the approval of a 94.20 majority of the judges of the district court , and a majority of94.21 the judges of the county municipal courtin the fourth judicial 94.22 district, shall have the authority to initiate and direct any 94.23 reorganization, consolidation, reallocation or delegation of 94.24 such duties, functions or responsibilities for the purpose of 94.25 promoting efficiency in county government, and may make such 94.26 other administrative changes as are deemed necessary for this 94.27 purpose. Such reorganization, reallocation or delegation, or 94.28 other administrative change or transfer shall not diminish, 94.29 prohibit or avoid those specific duties required by statute or 94.30 law to be performed by the court administrator of district court. 94.31 Sec. 58. Minnesota Statutes 1996, section 485.01, is 94.32 amended to read: 94.33 485.01 [APPOINTMENT; BOND; DUTIES.] 94.34 A clerk of the district court for each county within the 94.35 judicial district, who shall be known as the court 94.36 administrator, shall be appointed by a majority of the district 95.1 court judges in the district , after consultation with the county95.2 court judges of the county court district affected. The clerk, 95.3 before entering upon the duties of office, shall give bond to 95.4 the state, to be approved by the chief judge of the judicial 95.5 district, conditioned for the faithful discharge of official 95.6 duties. The bond, with an oath of office, shall be filed for 95.7 record with the county recorder. The clerk shall perform all 95.8 duties assigned by law and by the rules of the court. The clerk 95.9 and all deputy clerks must not practice as attorneys in the 95.10 court in which they are employed. 95.11 The duties, functions, and responsibilities which have been 95.12 and may be required by law or rule to be performed by the clerk 95.13 of district or countycourt shall be performed by the court 95.14 administrator. 95.15 Sec. 59. Minnesota Statutes 1996, section 517.08, 95.16 subdivision 1b, is amended to read: 95.17 Subd. 1b. [TERM OF LICENSE; FEE.] The court administrator 95.18 shall examine upon oath the party applying for a license 95.19 relative to the legality of the contemplated marriage. If at 95.20 the expiration of a five-day period, on being satisfied that 95.21 there is no legal impediment to it, the court administrator 95.22 shall issue the license, containing the full names of the 95.23 parties before and after marriage, and county and state of 95.24 residence, with the district court seal attached, and make a 95.25 record of the date of issuance. The license shall be valid for 95.26 a period of six months. In case of emergency or extraordinary 95.27 circumstances, a judge of the county court or a judgeof the 95.28 district court of the county in which the application is made, 95.29 may authorize the license to be issued at any time before the 95.30 expiration of the five days. The court administrator shall 95.31 collect from the applicant a fee of $70 for administering the 95.32 oath, issuing, recording, and filing all papers required, and 95.33 preparing and transmitting to the state registrar of vital 95.34 statistics the reports of marriage required by this section. If 95.35 the license should not be used within the period of six months 95.36 due to illness or other extenuating circumstances, it may be 96.1 surrendered to the court administrator for cancellation, and in 96.2 that case a new license shall issue upon request of the parties 96.3 of the original license without fee. A court administrator who 96.4 knowingly issues or signs a marriage license in any manner other 96.5 than as provided in this section shall pay to the parties 96.6 aggrieved an amount not to exceed $1,000. 96.7 Sec. 60. Minnesota Statutes 1996, section 550.07, is 96.8 amended to read: 96.9 550.07 [ISSUANCE OF EXECUTION.] 96.10 When the execution is against the personal property or 96.11 money of the judgment debtor, it may be issued to the sheriff of 96.12 any county from the district , county, or county municipalcourt 96.13 where the judgment was originally docketed. When it requires 96.14 the delivery of real property, it shall be issued to the sheriff 96.15 of the county where the property or some part thereof is 96.16 situated after the judgment is docketed in that county. 96.17 Executions may be issued at the same time to different counties. 96.18 Sec. 61. Minnesota Statutes 1996, section 559.211, 96.19 subdivision 1, is amended to read: 96.20 Subdivision 1. [ORDER; PROCEEDINGS; SECURITY.] In an 96.21 action arising under or in relation to a contract for the 96.22 conveyance of real estate or any interest therein, the county or96.23 district court, notwithstanding the service or publication 96.24 pursuant to the provisions of section 559.21 of a notice of 96.25 termination of the contract, has the authority at any time prior 96.26 to the effective date of termination of the contract and subject 96.27 to the requirements of Rule 65 of the Rules of Civil Procedure 96.28 for the District Courts or comparable county court ruleto enter 96.29 an order temporarily restraining or enjoining further 96.30 proceedings to effectuate the termination of the contract, 96.31 including recording of the notice of termination with proof of 96.32 service, recording of an affidavit showing noncompliance with 96.33 the terms of the notice, taking any action to recover possession 96.34 of the real estate, or otherwise interfering with the 96.35 purchaser's lawful use of the real estate. In the action, the 96.36 purchaser may plead affirmatively any matter that would 97.1 constitute a defense to an action to terminate the contract. 97.2 Upon a motion for a temporary restraining order the court has 97.3 the discretion, notwithstanding any rule of court to the 97.4 contrary, to grant the order without requiring the giving of any 97.5 security or undertaking, and in exercising that discretion, the 97.6 court shall consider, as one factor, the moving party's ability 97.7 to afford monetary security. Upon a motion for a temporary 97.8 injunction, the court shall condition the granting of the order 97.9 either upon the tender to the court or vendor of installments as 97.10 they become due under the contract or upon the giving of other 97.11 security in a sum as the court deems proper. Upon written 97.12 application, the court may disburse from payments tendered to 97.13 the court an amount the court determines necessary to insure the 97.14 timely payment of property taxes, property insurance, 97.15 installments of special assessments, mortgage installments, 97.16 prior contract for deed installments or other similar expenses 97.17 directly affecting the real estate, or for any other purpose the 97.18 court deems just. If a temporary restraining order or 97.19 injunction is granted pursuant to this subdivision, the contract 97.20 shall not terminate until the expiration of 15 days after the 97.21 entry of the order or decision dissolving or modifying the 97.22 temporary restraining order or injunction. 97.23 Sec. 62. Minnesota Statutes 1996, section 566.175, 97.24 subdivision 1, is amended to read: 97.25 Subdivision 1. [UNLAWFUL EXCLUSION OR REMOVAL.] For 97.26 purposes of this section, "unlawfully removed or excluded" means 97.27 actual or constructive removal or exclusion. Actual or 97.28 constructive removal or exclusion may include the termination of 97.29 utilities, or the removal of doors, windows, or locks. Any 97.30 tenant who is unlawfully removed or excluded from lands or 97.31 tenements which are demised or let to the tenant may recover 97.32 possession of the premises in the following manner: 97.33 (a) The tenant shall present a verified petition to the 97.34 county or municipaldistrict court of the judicial district of 97.35 the county in which the premises are located, which petition 97.36 shall: 98.1 (1) describe the premises of which possession is claimed 98.2 and the owner, as defined in section 566.18, subdivision 3, of 98.3 the premises; 98.4 (2) specifically state the facts and grounds that 98.5 demonstrate that the removal or exclusion was unlawful including 98.6 a statement that no judgment and writ of restitution have been 98.7 issued under section 566.09 in favor of the owner and against 98.8 petitioner as to the premises and executed in accordance with 98.9 section 566.17; and 98.10 (3) ask for possession thereof. 98.11 (b) If it clearly appears from the specific grounds and 98.12 facts stated in the verified petition or by separate affidavit 98.13 of petitioner or the petitioner's counsel or agent that the 98.14 removal or exclusion was unlawful, the court shall immediately 98.15 order that petitioner have possession of the premises. 98.16 (c) The petitioner shall furnish monetary or other security 98.17 if any as the court deems appropriate under the circumstances 98.18 for payment of all costs and damages the defendant may sustain 98.19 if the order is subsequently found to have been obtained 98.20 wrongfully. In determining the appropriateness of any security 98.21 the court shall consider petitioner's ability to afford monetary 98.22 security. 98.23 (d) The court shall direct the order to the sheriff or any 98.24 constable of the county in which the premises is located and the 98.25 sheriff or constable shall execute the order immediately by 98.26 making a demand upon the defendant, if found, or the defendant's 98.27 agent or other person in charge of the premises, for possession 98.28 of the premises. If the defendant fails to comply with the 98.29 demand, the officer shall take whatever assistance may be 98.30 necessary and immediately place the petitioner in possession of 98.31 the premises. If the defendant or the defendant's agent or 98.32 other person in control of the premises cannot be found and if 98.33 there is no person in charge of the premises detained so that no 98.34 demand can be made, the officer shall immediately enter into 98.35 possession of the premises and place the petitioner in 98.36 possession of the premises. The officer shall also serve the 99.1 order and verified petition or affidavit without delay upon the 99.2 defendant or agent, in the same manner as a summons is required 99.3 to be served in a civil action in district court. 99.4 Sec. 63. Minnesota Statutes 1996, section 574.18, is 99.5 amended to read: 99.6 574.18 [UNDERTAKING IN LIEU OF BOND.] 99.7 In all cases of appeal from a county board to the district 99.8 court upon the allowance or disallowance of claims, in all 99.9 actions begun in the district , county or municipalcourt, in all 99.10 cases of appeal or writ of error to remove a cause or proceeding 99.11 to the court of appeals or the supreme court, and in all cases 99.12 of special or equitable proceedings in the district court, the 99.13 court of appeals, or the supreme court, the filing or service, 99.14 or both, as may be required, of an undertaking, signed by a 99.15 surety or sureties, as the law may require, containing a 99.16 condition substantially the same as required for bonds, with 99.17 like sureties, qualifications, and justifications, and without 99.18 acknowledgment or signature of the principal, shall be deemed a 99.19 sufficient compliance with the law to sustain the action, 99.20 appeal, or proceeding. Every undertaking shall save and secure 99.21 all rights and liabilities to the same extent as a bond. The 99.22 damages presumed to accrue to the party against whom the 99.23 proceeding is taken shall be deemed a sufficient consideration 99.24 for the undertaking, though no consideration is mentioned in 99.25 it. No undertaking or bond need be given upon any appeal or 99.26 other proceeding instituted in favor of the state, or any 99.27 county, city, town, or school district in it, or of any executor 99.28 or administrator as such. 99.29 Sec. 64. Minnesota Statutes 1996, section 574.34, 99.30 subdivision 2, is amended to read: 99.31 Subd. 2. [MUNICIPAL PROSECUTION; GROSS MISDEMEANORS.] If a 99.32 city or municipal attorney prosecutes a gross misdemeanor 99.33 offense, the proceeds of any fine collected by the court shall 99.34 be disbursed in the same manner as though the offense was a 99.35 misdemeanor prosecuted by the city or municipal attorney in 99.36 county or municipaldistrict court. The county shall pay for 100.1 any costs associated with incarceration. 100.2 Sec. 65. Minnesota Statutes 1996, section 574.35, is 100.3 amended to read: 100.4 574.35 [PROSECUTION FOR FINES; COURT; COMMITMENT.] 100.5 All fines and forfeitures imposed as a punishment for any 100.6 offense or for the violation of any duty imposed by statute may 100.7 be prosecuted for and recovered by indictment in the district 100.8 court , or, when the amount or value does not exceed $100, before100.9 a judge of county or municipal court, who shall have100.10 jurisdiction concurrently with the district court. In all cases 100.11 of the imposition of a fine pursuant to statute, as punishment 100.12 for any offense, the offender may be committed until it is paid 100.13 or the offender is otherwise discharged according to law. 100.14 Sec. 66. Minnesota Statutes 1996, section 617.27, is 100.15 amended to read: 100.16 617.27 [SEARCH WARRANT; DESTRUCTION OF PROPERTY.] 100.17 A county or municipaldistrict court, upon complaint under 100.18 oath that any person has in possession or under control any of 100.19 the obscene books, papers, or other matter specified in sections 100.20 617.241 to 617.26, shall issue a warrant directed to the sheriff 100.21 or any constable of the county, directing the sheriff or 100.22 constable to search for, seize, and take possession of the 100.23 obscene matter. Upon conviction of the person in whose 100.24 possession the obscene matter was found, the judge shall cause 100.25 it to be destroyed, and the fact to be entered upon the records 100.26 of the court. 100.27 Sec. 67. Minnesota Statutes 1996, section 624.7131, 100.28 subdivision 8, is amended to read: 100.29 Subd. 8. [HEARING UPON DENIAL.] Any person aggrieved by 100.30 denial of a transferee permit may appeal the denial to the 100.31 county court or county municipaldistrict court having 100.32 jurisdiction over the county or municipality in which the denial 100.33 occurred. 100.34 Sec. 68. Minnesota Statutes 1996, section 624.7132, 100.35 subdivision 13, is amended to read: 100.36 Subd. 13. [APPEAL.] A person aggrieved by the 101.1 determination of a chief of police or sheriff that the person is 101.2 prohibited by section 624.713 from possessing a pistol or 101.3 semiautomatic military-style assault weapon may appeal the 101.4 determination as provided in this subdivision. In Hennepin and101.5 Ramsey countiesThe municipaldistrict court shall have 101.6 jurisdiction of proceedings under this subdivision. In the101.7 remaining counties of the state, the county court shall have101.8 jurisdiction of proceedings under this subdivision.101.9 On review pursuant to this subdivision, the court shall be 101.10 limited to a determination of whether the proposed transferee is 101.11 a person prohibited from possessing a pistol or semiautomatic 101.12 military-style assault weapon by section 624.713. 101.13 Sec. 69. Minnesota Statutes 1996, section 624.714, 101.14 subdivision 12, is amended to read: 101.15 Subd. 12. [HEARING UPON DENIAL.] Any person aggrieved by 101.16 denial of a permit to carry may appeal the denial to the 101.17 countydistrict court having jurisdiction over the county or 101.18 municipality wherein the notification or denial occurred. The 101.19 matter shall be heard de novo without a jury. 101.20 Sec. 70. Minnesota Statutes 1996, section 625.01, is 101.21 amended to read: 101.22 625.01 [CONSERVATORS OF THE PEACE.] 101.23 The judges of the district , county, and municipal101.24 courtscourt, in vacation, within their respective districts,as 101.25 well as in open court shall enforce laws made for the 101.26 preservation of the public peace. In the execution of that 101.27 power, they may require persons to give security to keep the 101.28 peace, or for their good behavior, or both, in the manner 101.29 provided in this chapter. 101.30 Sec. 71. Minnesota Statutes 1996, section 626.21, is 101.31 amended to read: 101.32 626.21 [RETURN OF PROPERTY AND SUPPRESSION OF EVIDENCE.] 101.33 A person aggrieved by an unlawful search and seizure may 101.34 move the district court for the district in which the property 101.35 was seized or the municipaldistrict court having jurisdiction 101.36 of the substantive offense for the return of the property and to 102.1 suppress the use, as evidence, of anything so obtained on the 102.2 ground that (1) the property was illegally seized, or (2) the 102.3 property was illegally seized without warrant, or (3) the 102.4 warrant is insufficient on its face, or (4) the property seized 102.5 is not that described in the warrant, or (5) there was not 102.6 probable cause for believing the existence of the grounds on 102.7 which the warrant was issued, or (6) the warrant was illegally 102.8 executed, or (7) the warrant was improvidently issued. The 102.9 judge shall receive evidence on any issue of fact necessary to 102.10 the decision of the motion. If the motion is granted the 102.11 property shall be restored unless otherwise subject to lawful 102.12 detention, and it shall not be admissible in evidence at any 102.13 hearing or trial. The motion to suppress evidence may also be 102.14 made in the district where the trial is to be had. The motion 102.15 shall be made before trial or hearing unless opportunity 102.16 therefor did not exist or the defendant was not aware of the 102.17 grounds for the motion, but the court in its discretion may 102.18 entertain the motion at the trial or hearing. 102.19 Sec. 72. Minnesota Statutes 1996, section 630.17, is 102.20 amended to read: 102.21 630.17 [FINE, HOW COLLECTED.] 102.22 If the corporation is found guilty and a fine imposed, it 102.23 shall be entered and docketed by the court administrator , county102.24 judge,or municipaldistrict judge as a judgment against the 102.25 corporation. It shall be enforced against the corporation in 102.26 the same manner as if the judgment had been recovered against it 102.27 in a civil action. 102.28 Sec. 73. Minnesota Statutes 1996, section 631.04, is 102.29 amended to read: 102.30 631.04 [EXCLUDING MINORS FROM ATTENDANCE AT CRIMINAL 102.31 TRIALS; DUTY OF OFFICER; PENALTY.] 102.32 A minor under the age of 17 who is not a party to, witness 102.33 in, or directly interested in a criminal prosecution or trial 102.34 before a district , county, or municipalcourt, may not be 102.35 present at the trial. A police officer, constable, sheriff, or 102.36 other officer in charge of a court and attending upon the trial 103.1 of a criminal case in the court, shall exclude a minor under age 103.2 of 17 from the room in which the trial is being held. This 103.3 section does not apply when the minor is permitted to attend by 103.4 order of the court before which the trial is being held. A 103.5 police officer, constable, sheriff, or deputy sheriff who 103.6 knowingly neglects or refuses to carry out the provisions of 103.7 this section is guilty of a misdemeanor and shall be punished by 103.8 a fine of not less than $10 nor more than $25. 103.9 Sec. 74. Minnesota Statutes 1996, section 643.01, is 103.10 amended to read: 103.11 643.01 [TRANSFER OF PRISONERS BETWEEN JAIL AND WORKHOUSE.] 103.12 In any county of this state in which there is now or shall 103.13 be hereafter maintained by any county or by any city and county, 103.14 a workhouse, correctional or work farm for the confinement of 103.15 criminal offenders, and a county jail, any district court or103.16 county courtjudge of the judicial district in which the county 103.17 is situated, shall have the power, either of the judge's own 103.18 motion, or on the application of the county attorney of the 103.19 county, in accordance with written county policy approved by the 103.20 commissioner of corrections, to order: 103.21 (1) any prisoner who shall be confined in the county jail 103.22 under sentence, to be transferred and recommitted to the 103.23 workhouse, correctional or work farm at hard labor, for the 103.24 remainder of the term for which sentenced; or 103.25 (2) any prisoner who shall be confined in the workhouse, 103.26 correctional or work farm under sentence, to be transferred and 103.27 recommitted to the county jail for the remainder of the term for 103.28 which sentenced; or 103.29 (3) any prisoner who shall be confined in the county jail, 103.30 convicted and awaiting sentence, to be transferred to and 103.31 confined in the workhouse, correctional or work farm while 103.32 awaiting sentence. 103.33 Transferred prisoners are subject to the rules and 103.34 discipline of the confining institution. Transportation of 103.35 prisoners is the responsibility of the sending institution. 103.36 Sec. 75. Minnesota Statutes 1996, section 643.02, is 104.1 amended to read: 104.2 643.02 [PROCEDURE OF DISTRICT COURT OR COUNTY COURTJUDGE 104.3 IN CHARGE AND DUTY OF SHERIFF.] 104.4 When any district court or county courtjudge shall make an 104.5 order for the transfer of any prisoner as provided in section 104.6 643.01, the order shall be made in duplicate by the judge, shall 104.7 recite therein the name of the court by which the prisoner was 104.8 sentenced or convicted, the date of sentence or conviction, the 104.9 general nature of the offense for which sentenced or convicted, 104.10 the length of the original sentence and the length of the 104.11 sentence still remaining or the sentencing date if known, and 104.12 any other facts that will furnish material information regarding 104.13 the case, and shall direct the superintendent or other keeper of 104.14 the workhouse, correctional or work farm, or sheriff or other 104.15 keeper of the county jail to safely keep the prisoner at hard 104.16 labor for the remainder of the original term of sentence, or 104.17 until further sentencing proceedings, as stated in the order, 104.18 unless otherwise released according to law, or the parole rules 104.19 and regulations of the workhouse, correctional or work farm, or 104.20 county jail. Both of the orders for transfer of the prisoner to 104.21 the workhouse, correctional or work farm, or county jail shall 104.22 be filed forthwith with the sheriff or other keeper of the jail, 104.23 or superintendent or other keeper of the workhouse, correctional 104.24 or work farm and the sheriff or other keeper of the jail, or 104.25 superintendent or other keeper of the workhouse, correctional or 104.26 work farm shall thereupon retain one of the orders of transfer 104.27 and shall without delay transfer and deliver the prisoner named 104.28 in the order, together with the other of the duplicate orders 104.29 for the transfer of the prisoner to the superintendent or other 104.30 keeper of the workhouse, correctional or work farm, or sheriff 104.31 or other keeper of the jail, who shall retain the order and 104.32 safely keep the prisoner named therein for the remainder of the 104.33 sentence at hard labor or until further sentencing proceedings, 104.34 as specified in the order, unless otherwise released as 104.35 hereinbefore provided. The order for transfer of any prisoner, 104.36 as hereinbefore mentioned, shall have the same force and effect 105.1 as the writ of commitment issued by the court which sentenced 105.2 the prisoner in the first instance or as the order for 105.3 confinement issued by the court in the first instance, and in 105.4 addition shall be full authority for the holding and keeping of 105.5 the prisoner by the superintendent or other keeper of the 105.6 workhouse, correctional or work farm, or the sheriff or other 105.7 keeper of the jail, and for the prisoner's apprehension by any 105.8 peace officer in case of the escape of the prisoner from the 105.9 workhouse, correctional or work farm, or county jail. On the 105.10 request of any district court or county courtjudge of the 105.11 district in which the workhouse, correctional or work farm, and 105.12 county jail are located, the sheriff of the county, or 105.13 superintendent, shall without delay furnish a copy to the judge 105.14 of any commitment or order in the sheriff's or superintendent's 105.15 possession.