HF 2577

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to legislation; correcting erroneous, 
  1.3             ambiguous, and omitted text and obsolete references; 
  1.4             eliminating certain redundant, conflicting, and 
  1.5             superseded provisions; making miscellaneous technical 
  1.6             corrections to statutes and other laws; amending 
  1.7             Minnesota Statutes 2002, sections 3.971, subdivision 
  1.8             8; 13.07; 13.461, by adding a subdivision; 13.465, 
  1.9             subdivision 1, by adding a subdivision; 13.475, 
  1.10            subdivision 4; 13.4967, by adding a subdivision; 
  1.11            13.7411, subdivision 5; 15.0591, subdivision 2; 
  1.12            18F.02, subdivision 2a; 60A.23, subdivision 5; 82.34, 
  1.13            subdivision 15; 85.053, subdivision 2; 89.391; 
  1.14            97A.055, subdivision 4; 103B.101, subdivision 10; 
  1.15            115B.16, subdivision 4; 115B.18, subdivision 1; 
  1.16            116A.11, subdivision 1; 119A.05, subdivision 1; 
  1.17            126C.48, subdivision 8; 162.081, subdivision 4; 
  1.18            163.16, subdivision 1; 163.161; 164.05, subdivision 3; 
  1.19            164.08, subdivision 1; 168.12, subdivision 2d; 
  1.20            181.953, subdivision 1; 214.03, subdivision 1; 237.39; 
  1.21            256D.03, subdivision 8; 260B.175, subdivision 1; 
  1.22            270B.01, subdivision 8; 272.0212, subdivision 2; 
  1.23            273.1398, subdivisions 1, 2d, 3; 275.07, subdivision 
  1.24            1; 276.04, subdivision 2; 290.191, subdivision 5; 
  1.25            290C.04; 306.32; 325F.19, subdivision 3; 325F.69, 
  1.26            subdivisions 1, 4; 326.10, subdivisions 1, 7; 326.12, 
  1.27            subdivision 2; 326.13; 326.15; 336.9-531; 344.20; 
  1.28            348.02; 357.021, subdivision 5; 365.59; 366.17; 
  1.29            368.85, subdivision 9; 385.09; 395.14; 477A.011, 
  1.30            subdivisions 21, 27, 35; 477A.015; 609.3452, 
  1.31            subdivision 2; Minnesota Statutes 2003 Supplement, 
  1.32            sections 13.4963, subdivision 2; 18G.14, subdivisions 
  1.33            1, 8; 37.31, subdivision 4; 62J.692, subdivision 10; 
  1.34            62J.694, subdivision 1; 97A.482; 115B.31, subdivision 
  1.35            1; 116J.966, subdivision 1; 119B.125, subdivision 2; 
  1.36            127A.45, subdivision 10; 144.395, subdivision 1; 
  1.37            192.501, subdivision 2; 216C.41, subdivision 1; 
  1.38            246.014; 256.954, subdivision 3; 270B.03, subdivision 
  1.39            6; 273.1392; 273.1398, subdivision 4c; 297A.668, 
  1.40            subdivision 3; 297A.669, subdivision 16; 308B.201; 
  1.41            308B.311, subdivision 6; 308B.471, subdivision 2; 
  1.42            308B.735, subdivision 1; 365.52, subdivision 1; 
  1.43            469.177, subdivision 9; 469.339, subdivision 2; 
  1.44            473.253, subdivision 1; Laws 2003, First Special 
  1.45            Session chapter 11, article 2, section 21; Laws 2003, 
  1.46            First Special Session chapter 21, article 8, section 
  2.1             10; repealing Minnesota Statutes 2002, sections 18.79, 
  2.2             subdivision 11; 115B.241; 273.1398, subdivisions 1a, 
  2.3             2e; 275.07, subdivisions 1a, 5; Laws 2001, chapter 
  2.4             161, section 29; Laws 2001, First Special Session 
  2.5             chapter 5, article 3, section 9; Laws 2002, chapter 
  2.6             364, section 15; Laws 2002, chapter 380, article 4, 
  2.7             section 1; Laws 2003, chapter 112, article 2, section 
  2.8             35; Laws 2003, chapter 127, article 5, section 19; 
  2.9             Laws 2003, chapter 127, article 7, section 1; Laws 
  2.10            2003, chapter 128, article 2, section 13; Laws 2003, 
  2.11            chapter 128, article 3, section 4; Laws 2003, First 
  2.12            Special Session chapter 9, article 5, section 29; 
  2.13            Minnesota Rules, parts 1220.0200; 1220.0300; 
  2.14            1220.0400; 1220.0500; 1220.0600; 1220.0700; 1220.0800; 
  2.15            1220.0900; 7380.0200; 7380.0210; 7380.0220; 7380.0230; 
  2.16            7380.0240. 
  2.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.18                             ARTICLE 1
  2.19                              GENERAL
  2.20     Section 1.  Minnesota Statutes 2002, section 3.971, 
  2.21  subdivision 8, is amended to read: 
  2.22     Subd. 8.  [BEST PRACTICES REVIEWS.] (a) The legislative 
  2.23  auditor shall conduct best practices reviews that examine the 
  2.24  procedures and practices used to deliver local government 
  2.25  services, determine the methods of local government service 
  2.26  delivery, identify variations in cost and effectiveness, and 
  2.27  identify practices to save money or provide more effective 
  2.28  service delivery.  The legislative auditor shall recommend to 
  2.29  local governments service delivery methods and practices to 
  2.30  improve the cost-effectiveness of services.  The legislative 
  2.31  auditor and the Board of Government Innovation and Cooperation 
  2.32  shall notify each other of projects being conducted relating to 
  2.33  improving local government services. 
  2.34     (b) The commission shall approve local government services 
  2.35  to be reviewed with advice from an advisory council appointed by 
  2.36  the legislative auditor and consisting of: 
  2.37     (1) three representatives from the Association of Minnesota 
  2.38  Counties; 
  2.39     (2) three representatives from the League of Minnesota 
  2.40  Cities; 
  2.41     (3) two representatives from the Association of 
  2.42  Metropolitan Municipalities; 
  2.43     (4) one representative from the Minnesota Association of 
  3.1   Townships; and 
  3.2      (5) one representative from the Minnesota Association of 
  3.3   School Administrators. 
  3.4      Sec. 2.  Minnesota Statutes 2002, section 13.07, is amended 
  3.5   to read: 
  3.6      13.07 [DUTIES OF THE COMMISSIONER.] 
  3.7      The commissioner shall with the advice of the 
  3.8   Intergovernmental Information Services Advisory Council 
  3.9   promulgate rules, in accordance with the rulemaking procedures 
  3.10  in the Administrative Procedure Act which shall apply to state 
  3.11  agencies, statewide systems and political subdivisions to 
  3.12  implement the enforcement and administration of this chapter.  
  3.13  The rules shall not affect section 13.04, relating to rights of 
  3.14  subjects of data.  Prior to the adoption of rules authorized by 
  3.15  this section the commissioner shall give notice to all state 
  3.16  agencies and political subdivisions in the same manner and in 
  3.17  addition to other parties as required by section 14.06 of the 
  3.18  date and place of hearing, enclosing a copy of the rules to be 
  3.19  adopted. 
  3.20     Sec. 3.  Minnesota Statutes 2002, section 13.461, is 
  3.21  amended by adding a subdivision to read: 
  3.22     Subd. 7a.  [BACKGROUND STUDIES.] Access to and sharing of 
  3.23  data for human services background studies under chapter 245C 
  3.24  are governed by that chapter. 
  3.25     Sec. 4.  Minnesota Statutes 2002, section 13.465, 
  3.26  subdivision 1, is amended to read: 
  3.27     Subdivision 1.  [SCOPE.] The sections referred to in 
  3.28  subdivisions 2 to 14 15 are codified outside this chapter.  
  3.29  Those sections classify domestic relations data as other than 
  3.30  public, place restrictions on access to government data, or 
  3.31  involve data sharing. 
  3.32     Sec. 5.  Minnesota Statutes 2002, section 13.465, is 
  3.33  amended by adding a subdivision to read: 
  3.34     Subd. 15.  [GUARDIAN OR CONSERVATOR; BACKGROUND 
  3.35  STUDY.] Access to data for background studies required by the 
  3.36  court under section 524.5-118, is governed by that section. 
  4.1      Sec. 6.  Minnesota Statutes 2002, section 13.475, 
  4.2   subdivision 4, is amended to read: 
  4.3      Subd. 4.  [COMMISSIONER OF ECONOMIC SECURITY UNEMPLOYMENT; 
  4.4   WAGE DETAIL.] Data maintained by the commissioner of employment 
  4.5   and economic security development pursuant to the administration 
  4.6   of the Minnesota Unemployment Insurance Law are classified under 
  4.7   and may be disseminated as provided in section 268.19, 
  4.8   subdivision 1.  Wage and employment data gathered pursuant to 
  4.9   section 268.044 may be disseminated as provided in section 
  4.10  268.19, subdivision 1a. 
  4.11     Sec. 7.  Minnesota Statutes 2003 Supplement, section 
  4.12  13.4963, subdivision 2, is amended to read: 
  4.13     Subd. 2.  [GENERALLY.] Classification and disclosure of tax 
  4.14  data created, collected, or maintained by the Department of 
  4.15  Revenue under chapter 115B (except taxes imposed under sections 
  4.16  115B.21 to 115B.24), 289A (except for taxes imposed under 
  4.17  sections 298.01, 298.015, and 298.24), 290, 290A, 291, 295, 
  4.18  297A, or 297H, or any similar Indian tribal tax administered by 
  4.19  the commissioner according to a tax agreement between the state 
  4.20  and an Indian tribal government are governed by chapter 270B. 
  4.21     Sec. 8.  Minnesota Statutes 2002, section 13.4967, is 
  4.22  amended by adding a subdivision to read: 
  4.23     Subd. 2b.  [SUSTAINABLE FOREST INCENTIVE.] Data collected 
  4.24  under section 290C.04 are classified and may be shared as 
  4.25  provided in paragraph (d) of that section. 
  4.26     Sec. 9.  Minnesota Statutes 2002, section 13.7411, 
  4.27  subdivision 5, is amended to read: 
  4.28     Subd. 5.  [ENVIRONMENTAL RESPONSE AND LIABILITY.] (a) 
  4.29  [RESPONSIBLE PERSONS.] Certain data obtained by the Pollution 
  4.30  Control Agency from a person who may be responsible for a 
  4.31  release are classified in section 115B.17, subdivision 5.  
  4.32     (b)  [HAZARDOUS WASTE GENERATORS.] Data exchanged between 
  4.33  the Pollution Control Agency and the Department of Revenue under 
  4.34  sections 115B.24 and 116.075, subdivision 2, are classified 
  4.35  under section 115B.24, subdivision 5.  
  4.36     (c)  [HARMFUL SUBSTANCE COMPENSATION.] Access to data 
  5.1   collected and maintained in connection with harmful substance 
  5.2   compensation reimbursement is governed by sections 115B.28, 
  5.3   subdivision 2; and 115B.35, subdivision 2. 
  5.4      (d) (c)  [DRYCLEANERS ENVIRONMENTAL ACCOUNT.] Disclosure of 
  5.5   data collected under section 115B.49, subdivision 4, is governed 
  5.6   by chapter 270B. 
  5.7      Sec. 10.  Minnesota Statutes 2002, section 15.0591, 
  5.8   subdivision 2, is amended to read: 
  5.9      Subd. 2.  [BODIES AFFECTED.] A member meeting the 
  5.10  qualifications in subdivision 1 must be appointed to the 
  5.11  following boards, commissions, advisory councils, task forces, 
  5.12  or committees:  
  5.13     (1) Advisory Council on Battered Women and Domestic Abuse; 
  5.14     (2) Advisory Task Force on the Use of State Facilities; 
  5.15     (3) Alcohol and Other Drug Abuse Advisory Council; 
  5.16     (4) Board of Examiners for Nursing Home Administrators; 
  5.17     (5) Board on Aging; 
  5.18     (6) Chiropractic Examiners Board; 
  5.19     (7) Consumer Advisory Council on Vocational Rehabilitation; 
  5.20     (8) Council on Disability; 
  5.21     (9) Council on Affairs of Chicano/Latino People; 
  5.22     (10) Council on Black Minnesotans; 
  5.23     (11) Dentistry Board; 
  5.24     (12) Department of Economic Security Advisory Council; 
  5.25     (13) Higher Education Services Office; 
  5.26     (14) Housing Finance Agency; 
  5.27     (15) Indian Advisory Council on Chemical Dependency; 
  5.28     (16) Medical Practice Board; 
  5.29     (17) Medical Policy Directional Task Force on Mental 
  5.30  Health; 
  5.31     (18) Minnesota Employment and Economic Development Task 
  5.32  Force; 
  5.33     (19) (18) Minnesota State Arts Board; 
  5.34     (20) (19) Nursing Board; 
  5.35     (21) (20) Optometry Board; 
  5.36     (22) (21) Pharmacy Board; 
  6.1      (23) (22) Board of Physical Therapy; 
  6.2      (24) (23) Podiatry Board; 
  6.3      (25) (24) Psychology Board; 
  6.4      (26) Veterans Advisory Committee. 
  6.5      Sec. 11.  Minnesota Statutes 2002, section 18F.02, 
  6.6   subdivision 2a, is amended to read: 
  6.7      Subd. 2a.  [AGRICULTURALLY RELATED ORGANISM.] 
  6.8   "Agriculturally related organism" means any organism that is 
  6.9   used in agricultural production or processing of agricultural 
  6.10  products.  It includes livestock and livestock products; dairy 
  6.11  animals and dairy products; poultry and poultry products; 
  6.12  domestic fur-bearing animals; animal feeds; horticultural stock; 
  6.13  nursery stock, as defined in section 18.46, subdivision 3 
  6.14  18G.02, subdivision 17; fruit; vegetables; forage grain; wild 
  6.15  rice; seeds; bees; apiary products; and products for the control 
  6.16  or mitigation of noxious weeds.  It excludes vaccines and drugs 
  6.17  for use in humans; genetic engineering of human germ cells and 
  6.18  human somatic cells intended for use in human gene therapy; 
  6.19  vaccines for use in livestock, dairy animals, poultry, domestic 
  6.20  fur-bearing animals, or private aquatic life; genetically 
  6.21  engineered wild animals; and forestry products. 
  6.22     Sec. 12.  Minnesota Statutes 2003 Supplement, section 
  6.23  18G.14, subdivision 1, is amended to read: 
  6.24     Subdivision 1.  [DECLARATION OF POLICY.] The abatement or 
  6.25  suppression of mosquitoes is advisable and necessary for the 
  6.26  maintenance and improvement of the health, welfare, and 
  6.27  prosperity of the people.  Areas where mosquitoes incubate or 
  6.28  hatch are declared to be public nuisances and may be abated 
  6.29  under this section.  Mosquito abatement may be undertaken under 
  6.30  sections 18.041 to 18.161 this section anywhere in the state by 
  6.31  any governmental unit. 
  6.32     Sec. 13.  Minnesota Statutes 2003 Supplement, section 
  6.33  18G.14, subdivision 8, is amended to read: 
  6.34     Subd. 8.  [POWERS OF BOARD.] A mosquito abatement board and 
  6.35  a joint board established under this section 18.131 may, either 
  6.36  by board action or through its members, officers, agents, or 
  7.1   employees, as may be appropriate: 
  7.2      (1) enter any property within the governmental unit at 
  7.3   reasonable times to determine whether mosquito breeding exists; 
  7.4      (2) take necessary and proper steps for the abatement of 
  7.5   mosquitoes and other insects and arachnids, such as ticks, 
  7.6   mites, and spiders, as the commissioner may designate; 
  7.7      (3) subject to the paramount control of county and state 
  7.8   authorities, lagoon and clean up any stagnant pool of water and 
  7.9   clean up shores of lakes and streams and other mosquito breeding 
  7.10  places; 
  7.11     (4) spray with insecticides, approved by the commissioner, 
  7.12  areas in the governmental unit found to be breeding places for 
  7.13  mosquitoes or other insects or arachnids designated under clause 
  7.14  (2); 
  7.15     (5) purchase supplies and equipment and employ persons 
  7.16  necessary and proper for mosquito abatement; 
  7.17     (6) accept gifts of money or equipment to be used for 
  7.18  mosquito abatement; and 
  7.19     (7) enter into contracts necessary to accomplish mosquito 
  7.20  abatement. 
  7.21     Sec. 14.  Minnesota Statutes 2003 Supplement, section 
  7.22  37.31, subdivision 4, is amended to read: 
  7.23     Subd. 4.  [RESOLUTION AND TERMS OF SALE.] The bonds of the 
  7.24  society must be authorized by a resolution or resolutions 
  7.25  adopted by the society.  The bonds must bear the date or dates, 
  7.26  mature at the time or times, bear interest at a fixed or 
  7.27  variable rate, including a rate varying periodically at the time 
  7.28  or times and on the terms determined by the society, or any 
  7.29  combination of fixed and variable rates, be in the 
  7.30  denominations, be in the form, carry the registration 
  7.31  privileges, be executed in the manner, be payable in lawful 
  7.32  money of the United States, at the place or places within or 
  7.33  without the state, and be subject to the terms of redemption or 
  7.34  purchase before maturity as the resolutions or certificates 
  7.35  provide.  If, for any reason existing at the date of issue of 
  7.36  the bonds or existing at the date of making or purchasing any 
  8.1   loan or securities from the proceeds or after that date, the 
  8.2   interest on the bonds is or becomes subject to federal income 
  8.3   taxation, this fact does not affect the validity or the 
  8.4   provisions made for the security of the bonds.  The society may 
  8.5   make covenants and take or have taken actions that are in its 
  8.6   judgment necessary or desirable to comply with conditions 
  8.7   established by federal law or regulations for the exemption of 
  8.8   interest on its obligations.  The society may refrain from 
  8.9   compliance with those conditions if in its judgment this would 
  8.10  serve the purposes and policies set forth in this chapter with 
  8.11  respect to any particular issue of bonds, unless this would 
  8.12  violate covenants made by the society.  The maximum maturity of 
  8.13  a bond, whether or not issued for the purpose of refunding, must 
  8.14  be 30 years from its date.  The bonds of the society may be sold 
  8.15  at public or private sale, at a price or prices determined by 
  8.16  the society; provided that: 
  8.17     (1) the aggregate price at which an issue of bonds is 
  8.18  initially offered by underwriters to investors, as stated in the 
  8.19  authority's society's official statement with respect to the 
  8.20  offering, must not exceed by more than three percent the 
  8.21  aggregate price paid by the underwriters to the society at the 
  8.22  time of delivery; 
  8.23     (2) the commission paid by the society to an underwriter 
  8.24  for placing an issue of bonds with investors must not exceed 
  8.25  three percent of the aggregate price at which the issue is 
  8.26  offered to investors as stated in the society's offering 
  8.27  statement; and 
  8.28     (3) the spread or commission must be an amount determined 
  8.29  by the society to be reasonable in light of the risk assumed and 
  8.30  the expenses of issuance, if any, required to be paid by the 
  8.31  underwriters. 
  8.32     Sec. 15.  Minnesota Statutes 2003 Supplement, section 
  8.33  62J.692, subdivision 10, is amended to read: 
  8.34     Subd. 10.  [TRANSFERS FROM UNIVERSITY OF MINNESOTA.] Of the 
  8.35  funds dedicated to the Academic Health Center under section 
  8.36  297F.10, subdivision 1, paragraph (b), clause (1), $4,850,000 
  9.1   shall be transferred annually to the commissioner of health no 
  9.2   later than April 15 of each year for distribution under 
  9.3   subdivision 4, paragraph (f). 
  9.4      Sec. 16.  Minnesota Statutes 2003 Supplement, section 
  9.5   62J.694, subdivision 1, is amended to read: 
  9.6      Subdivision 1.  [CREATION; USE OF CASH RESERVES.] (a) The 
  9.7   medical education endowment fund is created in the state 
  9.8   treasury.  The State Board of Investment shall invest the fund 
  9.9   under section 11A.24.  All earnings of the fund must be credited 
  9.10  to the fund.  The principal of the fund must be maintained 
  9.11  inviolate, except that the principal may be used to make 
  9.12  expenditures from the fund for the purposes specified in this 
  9.13  section when the market value of the fund falls below 105 
  9.14  percent of the cumulative total of the tobacco settlement 
  9.15  payments received by the state and credited to the tobacco 
  9.16  settlement fund under Minnesota Statutes 2002, section 16A.87, 
  9.17  subdivision 2.  For purposes of this section, "principal" means 
  9.18  an amount equal to the cumulative total of the tobacco 
  9.19  settlement payments received by the state and credited to the 
  9.20  tobacco settlement fund under Minnesota Statutes 2002, section 
  9.21  16A.87, subdivision 2.  
  9.22     (b) If the commissioner of finance determines that probable 
  9.23  receipts to the general fund will be sufficient to meet the need 
  9.24  for expenditures from the general fund for a fiscal biennium, 
  9.25  after using the cash reserves of the tobacco use prevention and 
  9.26  local public health endowment fund, excluding an amount 
  9.27  sufficient to meet the annual appropriations in section 144.395, 
  9.28  subdivision 2, the commissioner may use cash reserves of the 
  9.29  medical education endowment fund, excluding the amounts needed 
  9.30  to meet the appropriations described in subdivisions 2 and 2a, 
  9.31  to pay expenses of the general fund.  If cash reserves are 
  9.32  transferred to the general fund to meet cash flow needs, the 
  9.33  amount transferred, plus interest at a rate comparable to the 
  9.34  rate earned by the state on invested commissioner of finance 
  9.35  cash, as determined monthly by the commissioner, must be 
  9.36  returned to the endowment fund as soon as sufficient cash 
 10.1   balances are available in the general fund, but in any event 
 10.2   before the end of the fiscal biennium.  An amount necessary to 
 10.3   pay the interest is appropriated from the general fund.  If cash 
 10.4   reserves of the endowment fund are used to pay expenses for the 
 10.5   general fund, notwithstanding subdivision 2, paragraph (d), the 
 10.6   Academic Health Center shall be held harmless to the extent 
 10.7   possible.  When determining the fair market value of the fund, 
 10.8   for the purposes described in subdivisions 2 and 2a, the value 
 10.9   of the cash reserves transferred to the general fund must be 
 10.10  included in the determination.  
 10.11     (c) The Academic Health Center account is created as a 
 10.12  separate account in the medical education endowment fund.  The 
 10.13  account is invested under paragraph (a).  All earnings of the 
 10.14  account must be credited to the account.  The principal of the 
 10.15  account must be maintained inviolate, except that the principal 
 10.16  may be used to make expenditures from the account for the 
 10.17  purposes specified in subdivision 2a when the value of the 
 10.18  account falls below an amount equal to deposits made to the 
 10.19  account under Minnesota Statutes, section 16A.87, subdivision 3, 
 10.20  paragraph (b). 
 10.21     Sec. 17.  Minnesota Statutes 2002, section 82.34, 
 10.22  subdivision 15, is amended to read: 
 10.23     Subd. 15.  [APPROPRIATION.] Any sums received by the 
 10.24  commissioner pursuant to any provisions of this section shall be 
 10.25  deposited in the state treasury, and credited to the real estate 
 10.26  education, research and recovery fund, and said sums shall be 
 10.27  allocated exclusively for the purposes provided in this 
 10.28  section.  All moneys in the fund are appropriated annually to 
 10.29  the commissioner for the purposes of this section. 
 10.30     All money credited to the fund under section 462A.201 may 
 10.31  only be used for purposes under subdivision 6, clause (g) (f).  
 10.32  Beginning in 1990, the commissioner must, on February 1 of each 
 10.33  year, review the amount of money spent or allocated for uses 
 10.34  under subdivision 6, clause (g) (f), for the previous calendar 
 10.35  year.  If the amount spent or allocated is less than the amount 
 10.36  credited to the fund under section 462A.201 during the same 
 11.1   calendar year, the difference must be transferred from the fund 
 11.2   to the housing trust fund account established in section 
 11.3   462A.201.  If the fund balance exceeds $4,000,000, the 
 11.4   commissioner may suspend the fee imposed under subdivision 3. 
 11.5      Sec. 18.  Minnesota Statutes 2002, section 85.053, 
 11.6   subdivision 2, is amended to read: 
 11.7      Subd. 2.  [REQUIREMENT.] Except as provided in section 
 11.8   85.054, a motor vehicle may not enter a state park, state 
 11.9   recreation area, or state wayside over 50 acres in area, without 
 11.10  a state park permit issued under this section.  Except for 
 11.11  vehicles permitted under subdivision 7, paragraph (a), clause 
 11.12  (3) (2), the state park permit must be affixed to the lower 
 11.13  right corner windshield of the motor vehicle and must be 
 11.14  completely affixed by its own adhesive to the windshield. 
 11.15     Sec. 19.  Minnesota Statutes 2002, section 89.391, is 
 11.16  amended to read: 
 11.17     89.391 [NURSERY INSPECTION CERTIFICATES; LIMITATIONS ON 
 11.18  ISSUANCE.] 
 11.19     No certificate of inspection shall be issued pursuant to 
 11.20  section 18.51 18H.05 by the commissioner of agriculture to a 
 11.21  person who is determined by the commissioner of natural 
 11.22  resources to have purchased trees pursuant to sections 89.35 to 
 11.23  89.39 and who is selling, giving, removing, or permitting the 
 11.24  removal of the trees with roots attached, in violation of 
 11.25  section 89.38. 
 11.26     Sec. 20.  Minnesota Statutes 2002, section 97A.055, 
 11.27  subdivision 4, is amended to read: 
 11.28     Subd. 4.  [ANNUAL REPORTS.] (a) By November 15 each year, 
 11.29  the commissioner shall submit to the legislative committees 
 11.30  having jurisdiction over appropriations and the environment and 
 11.31  natural resources reports on each of the following: 
 11.32     (1) the amount of revenue from the following and purposes 
 11.33  for which expenditures were made: 
 11.34     (i) the small game license surcharge under section 97A.475, 
 11.35  subdivision 4; 
 11.36     (ii) the Minnesota migratory waterfowl stamp under section 
 12.1   97A.475, subdivision 5, clause (1); 
 12.2      (iii) the trout and salmon stamp under section 97A.475, 
 12.3   subdivision 10; 
 12.4      (iv) the pheasant stamp under section 97A.475, subdivision 
 12.5   5, clause (2); and 
 12.6      (v) the turkey stamp under section 97A.475, subdivision 5, 
 12.7   clause (3); 
 12.8      (2) the amounts available under section 97A.075, 
 12.9   subdivision 1, paragraphs (b) and (c), and the purposes for 
 12.10  which these amounts were spent; 
 12.11     (3) money credited to the game and fish fund under this 
 12.12  section and purposes for which expenditures were made from the 
 12.13  fund; 
 12.14     (4) outcome goals for the expenditures from the game and 
 12.15  fish fund; and 
 12.16     (5) summary and comments of citizen oversight committee 
 12.17  reviews under subdivision 4a 4b. 
 12.18     (b) The report must include the commissioner's 
 12.19  recommendations, if any, for changes in the laws relating to the 
 12.20  stamps and surcharge referenced in paragraph (a). 
 12.21     Sec. 21.  Minnesota Statutes 2003 Supplement, section 
 12.22  97A.482, is amended to read: 
 12.23     97A.482 [LICENSE APPLICATIONS; COLLECTION OF SOCIAL 
 12.24  SECURITY NUMBERS.] 
 12.25     (a) All applicants for individual noncommercial game and 
 12.26  fish licenses under this chapter and chapters 97B and 97C must 
 12.27  include the applicant's social security number on the license 
 12.28  application.  If an applicant does not have a Social Security 
 12.29  number, the applicant must certify that the applicant does not 
 12.30  have a Social Security number. 
 12.31     (b) The Social Security numbers collected by the 
 12.32  commissioner on game and fish license applications are private 
 12.33  data under section 13.49 13.355, subdivision 1, and must be 
 12.34  provided by the commissioner to the commissioner of human 
 12.35  services for child support enforcement purposes.  Title IV-D of 
 12.36  the Social Security Act, United States Code, title 42, section 
 13.1   666(a)(13), requires the collection of Social Security numbers 
 13.2   on game and fish license applications for child support 
 13.3   enforcement purposes. 
 13.4      Sec. 22.  Minnesota Statutes 2002, section 103B.101, 
 13.5   subdivision 10, is amended to read: 
 13.6      Subd. 10.  [COMMITTEE FOR DISPUTE RESOLUTION.] A committee 
 13.7   of the board is established to hear and resolve disputes, 
 13.8   appeals, and interventions under sections 103A.301 to 103A.341; 
 13.9   103B.231, subdivision 9; 103B.345; and 103D.535; 103D.537; and 
 13.10  103G.2242, subdivision 9.  The committee consists of two of the 
 13.11  three citizen members; one county commissioner member; one soil 
 13.12  and water conservation district supervisor member; and one 
 13.13  watershed district or watershed management organization 
 13.14  representative member.  The committee is appointed by the board 
 13.15  chair. 
 13.16     Sec. 23.  Minnesota Statutes 2002, section 115B.16, 
 13.17  subdivision 4, is amended to read: 
 13.18     Subd. 4.  [PENALTIES.] (a) Any person who knowingly 
 13.19  violates the provisions of subdivision 1 is subject to a civil 
 13.20  penalty in an amount determined by the court of not more than 
 13.21  $100,000, and shall be liable under sections 115B.04 and 115B.05 
 13.22  for any release or threatened release of any hazardous substance 
 13.23  resulting from the violation.  
 13.24     (b) Any person who knowingly fails to record an affidavit 
 13.25  as required by subdivision 2 shall be liable under sections 
 13.26  115B.04 and 115B.05 for any release or threatened release of any 
 13.27  hazardous substance from a facility located on that property.  
 13.28     (c) A civil penalty may be imposed and recovered by an 
 13.29  action brought by a county attorney or by the attorney general 
 13.30  in the district court of the county in which the property is 
 13.31  located.  
 13.32     (d) Any civil fines recovered under this subdivision shall 
 13.33  be deposited in the account remediation fund. 
 13.34     Sec. 24.  Minnesota Statutes 2002, section 115B.18, 
 13.35  subdivision 1, is amended to read: 
 13.36     Subdivision 1.  [CIVIL PENALTIES.] Any person responsible 
 14.1   for a release or threatened release from a facility of a 
 14.2   pollutant or contaminant which presents an imminent and 
 14.3   substantial danger to the public health or welfare or the 
 14.4   environment or for a release or threatened release of a 
 14.5   hazardous substance from a facility shall forfeit and pay to the 
 14.6   state a civil penalty in an amount to be determined by the court 
 14.7   of not more than $20,000 per day for each day that the person 
 14.8   fails to take reasonable and necessary response actions or to 
 14.9   make reasonable progress in completing response actions 
 14.10  requested as provided in subdivision 3.  
 14.11     The penalty provided under this subdivision may be 
 14.12  recovered by an action brought by the attorney general in the 
 14.13  name of the state in connection with an action to recover 
 14.14  expenses of the agency under section 115B.17, subdivision 6, or 
 14.15  by a separate action in the District Court of Ramsey County.  
 14.16  All penalties recovered under this subdivision shall be 
 14.17  deposited in the remediation fund. 
 14.18     Sec. 25.  Minnesota Statutes 2003 Supplement, section 
 14.19  115B.31, subdivision 1, is amended to read: 
 14.20     Subdivision 1.  [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN 
 14.21  CERTAIN CASES.] (a) A person who has settled a claim for an 
 14.22  eligible injury or eligible property damage with a responsible 
 14.23  person, either before or after bringing an action in court for 
 14.24  that injury or damage, may not file a claim with the account 
 14.25  fund for the same injury or damage.  A person who has received a 
 14.26  favorable judgment in a court action for an eligible injury or 
 14.27  eligible property damage may not file a claim with the fund for 
 14.28  the same injury or damage, unless the judgment cannot be 
 14.29  satisfied in whole or in part against the persons responsible 
 14.30  for the release of the harmful substance.  A person who has 
 14.31  filed a claim with the agency or its predecessor, the Harmful 
 14.32  Substance Compensation Board, may not file another claim with 
 14.33  the agency for the same eligible injury or damage, unless the 
 14.34  claim was inactivated by the agency or board as provided in 
 14.35  section 115B.32, subdivision 1. 
 14.36     (b) A person who has filed a claim with the agency or board 
 15.1   for an eligible injury or damage, and who has received and 
 15.2   accepted an award from the agency or board, is precluded from 
 15.3   bringing an action in court for the same eligible injury or 
 15.4   damage.  
 15.5      (c) A person who files a claim with the agency for personal 
 15.6   injury or property damage must include all known claims eligible 
 15.7   for compensation in one proceeding before the agency. 
 15.8      Sec. 26.  Minnesota Statutes 2003 Supplement, section 
 15.9   116J.966, subdivision 1, is amended to read: 
 15.10     Subdivision 1.  [GENERALLY.] (a) The commissioner shall 
 15.11  promote, develop, and facilitate trade and foreign investment in 
 15.12  Minnesota.  In furtherance of these goals, and in addition to 
 15.13  the powers granted by section 116J.035, the commissioner may:  
 15.14     (1) locate, develop, and promote international markets for 
 15.15  Minnesota products and services; 
 15.16     (2) arrange and lead trade missions to countries with 
 15.17  promising international markets for Minnesota goods, technology, 
 15.18  services, and agricultural products; 
 15.19     (3) promote Minnesota products and services at domestic and 
 15.20  international trade shows; 
 15.21     (4) organize, promote, and present domestic and 
 15.22  international trade shows featuring Minnesota products and 
 15.23  services; 
 15.24     (5) host trade delegations and assist foreign traders in 
 15.25  contacting appropriate Minnesota businesses and investments; 
 15.26     (6) develop contacts with Minnesota businesses and gather 
 15.27  and provide information to assist them in locating and 
 15.28  communicating with international trading or joint venture 
 15.29  counterparts; 
 15.30     (7) provide information, education, and counseling services 
 15.31  to Minnesota businesses regarding the economic, commercial, 
 15.32  legal, and cultural contexts of international trade; 
 15.33     (8) provide Minnesota businesses with international trade 
 15.34  leads and information about the availability and sources of 
 15.35  services relating to international trade, such as export 
 15.36  financing, licensing, freight forwarding, international 
 16.1   advertising, translation, and custom brokering; 
 16.2      (9) locate, attract, and promote foreign direct investment 
 16.3   and business development in Minnesota to enhance employment 
 16.4   opportunities in Minnesota; 
 16.5      (10) provide foreign businesses and investors desiring to 
 16.6   locate facilities in Minnesota information regarding sources of 
 16.7   governmental, legal, real estate, financial, and business 
 16.8   services; 
 16.9      (11) enter into contracts or other agreements with private 
 16.10  persons and public entities, including agreements to establish 
 16.11  and maintain offices and other types of representation in 
 16.12  foreign countries, to carry out the purposes of promoting 
 16.13  international trade and attracting investment from foreign 
 16.14  countries to Minnesota and to carry out this section, without 
 16.15  regard to section 16C.06; and 
 16.16     (12) market trade-related materials to businesses and 
 16.17  organizations, and the proceeds of which must be placed in a 
 16.18  special revolving account and are appropriated to the 
 16.19  commissioner to prepare and distribute trade-related materials.  
 16.20     (b) The programs and activities of the commissioner of 
 16.21  employment and economic development and the Minnesota Trade 
 16.22  Division may not duplicate programs and activities of the 
 16.23  commissioner of agriculture or the Minnesota World Trade Center. 
 16.24     (c) The commissioner shall notify the chairs of the senate 
 16.25  Finance and house Appropriations Committees of each agreement 
 16.26  under this subdivision to establish and maintain an office or 
 16.27  other type of representation in a foreign country. 
 16.28     Sec. 27.  Minnesota Statutes 2002, section 119A.05, 
 16.29  subdivision 1, is amended to read: 
 16.30     Subdivision 1.  [AUTHORITY FOR FUNDING CONSOLIDATION.] 
 16.31  Notwithstanding existing law governing allocation of funds by 
 16.32  local grantees, mode of service delivery, grantee planning and 
 16.33  reporting requirements, and other procedural requirements for 
 16.34  the grant programs identified in this section, a local grantee 
 16.35  may elect to consolidate all or a portion of funding received 
 16.36  from the programs under subdivision 5 in a collaboration funding 
 17.1   plan, if all conditions specified in this section are 
 17.2   satisfied.  County boards, school boards, or governing boards of 
 17.3   other grantees may elect not to consolidate funding for a 
 17.4   program.  
 17.5      For grantees electing consolidation, the commissioner may, 
 17.6   with the approval of the Board of Government Innovation and 
 17.7   Cooperation, waive all provisions of rules inconsistent with the 
 17.8   intent of this section.  This waiver authority does not apply to 
 17.9   rules governing client protections, due process, or inclusion of 
 17.10  clients, parents, cultures, and ethnicities in decision making.  
 17.11  Funding to a local grantee must be determined according to the 
 17.12  funding formulas or allocation rules governing the individual 
 17.13  programs listed in section 119A.04. 
 17.14     Sec. 28.  Minnesota Statutes 2003 Supplement, section 
 17.15  119B.125, subdivision 2, is amended to read: 
 17.16     Subd. 2.  [PERSONS WHO CANNOT BE AUTHORIZED.] (a) A person 
 17.17  who meets any of the conditions under paragraphs (b) to (n) must 
 17.18  not be authorized as a legal nonlicensed family child care 
 17.19  provider.  For purposes of this subdivision, a finding that a 
 17.20  delinquency petition is proven in juvenile court must be 
 17.21  considered a conviction in state district court. 
 17.22     (b) The person has been convicted of one of the following 
 17.23  offenses or has admitted to committing or a preponderance of the 
 17.24  evidence indicates that the person has committed an act that 
 17.25  meets the definition of one of the following offenses:  sections 
 17.26  609.185 to 609.195, murder in the first, second, or third 
 17.27  degree; 609.2661 to 609.2663, murder of an unborn child in the 
 17.28  first, second, or third degree; 609.322, solicitation, 
 17.29  inducement, or promotion of prostitution; 609.323, or receiving 
 17.30  profit from prostitution; 609.342 to 609.345, criminal sexual 
 17.31  conduct in the first, second, third, or fourth degree; 609.352, 
 17.32  solicitation of children to engage in sexual conduct; 609.365, 
 17.33  incest; 609.377, felony malicious punishment of a child; 
 17.34  617.246, use of minors in sexual performance; 617.247, 
 17.35  possession of pictorial representation of a minor; 609.2242 to 
 17.36  609.2243, felony domestic assault; a felony offense of spousal 
 18.1   abuse; a felony offense of child abuse or neglect; a felony 
 18.2   offense of a crime against children; or an attempt or conspiracy 
 18.3   to commit any of these offenses as defined in Minnesota 
 18.4   Statutes; or an offense in any other state or country where the 
 18.5   elements are substantially similar to any of the offenses listed 
 18.6   in this paragraph. 
 18.7      (c) Less than 15 years have passed since the discharge of 
 18.8   the sentence imposed for the offense and the person has received 
 18.9   a felony conviction for one of the following offenses, or the 
 18.10  person has admitted to committing or a preponderance of the 
 18.11  evidence indicates that the person has committed an act that 
 18.12  meets the definition of a felony conviction for one of the 
 18.13  following offenses:  sections 609.20 to 609.205, manslaughter in 
 18.14  the first or second degree; 609.21, criminal vehicular homicide; 
 18.15  609.215, aiding suicide or aiding attempted suicide; 609.221 to 
 18.16  609.2231, assault in the first, second, third, or fourth degree; 
 18.17  609.224, repeat offenses of fifth degree assault; 609.228, great 
 18.18  bodily harm caused by distribution of drugs; 609.2325, criminal 
 18.19  abuse of a vulnerable adult; 609.2335, financial exploitation of 
 18.20  a vulnerable adult; 609.235, use of drugs to injure or 
 18.21  facilitate a crime; 609.24, simple robbery; 617.241, repeat 
 18.22  offenses of obscene materials and performances; 609.245, 
 18.23  aggravated robbery; 609.25, kidnapping; 609.255, false 
 18.24  imprisonment; 609.2664 to 609.2665, manslaughter of an unborn 
 18.25  child in the first or second degree; 609.267 to 609.2672, 
 18.26  assault of an unborn child in the first, second, or third 
 18.27  degree; 609.268, injury or death of an unborn child in the 
 18.28  commission of a crime; 609.27, coercion; 609.275, attempt to 
 18.29  coerce; 609.324, subdivision 1, other prohibited acts, minor 
 18.30  engaged in prostitution; 609.3451, repeat offenses of criminal 
 18.31  sexual conduct in the fifth degree; 609.378, neglect or 
 18.32  endangerment of a child; 609.52, theft; 609.521, possession of 
 18.33  shoplifting gear; 609.561 to 609.563, arson in the first, 
 18.34  second, or third degree; 609.582, burglary in the first, second, 
 18.35  third, or fourth degree; 609.625, aggravated forgery; 609.63, 
 18.36  forgery; 609.631, check forgery, offering a forged check; 
 19.1   609.635, obtaining signature by false pretenses; 609.66, 
 19.2   dangerous weapon; 609.665, setting a spring gun; 609.67, 
 19.3   unlawfully owning, possessing, or operating a machine gun; 
 19.4   609.687, adulteration; 609.71, riot; 609.713, terrorist threats; 
 19.5   609.749, harassment, stalking; 260.221 260C.301, grounds for 
 19.6   termination of parental rights; 152.021 to 152.022, controlled 
 19.7   substance crime in the first or second degree; 152.023, 
 19.8   subdivision 1, clause (3) or (4), or 152.023, subdivision 2, 
 19.9   clause (4), controlled substance crime in third degree; 152.024, 
 19.10  subdivision 1, clause (2), (3), or (4), controlled substance 
 19.11  crime in fourth degree; 617.23, repeat offenses of indecent 
 19.12  exposure; an attempt or conspiracy to commit any of these 
 19.13  offenses as defined in Minnesota Statutes; or an offense in any 
 19.14  other state or country where the elements are substantially 
 19.15  similar to any of the offenses listed in this paragraph. 
 19.16     (d) Less than ten years have passed since the discharge of 
 19.17  the sentence imposed for the offense and the person has received 
 19.18  a gross misdemeanor conviction for one of the following offenses 
 19.19  or the person has admitted to committing or a preponderance of 
 19.20  the evidence indicates that the person has committed an act that 
 19.21  meets the definition of a gross misdemeanor conviction for one 
 19.22  of the following offenses:  sections 609.224, fifth degree 
 19.23  assault; 609.2242 to 609.2243, domestic assault; 518B.01, 
 19.24  subdivision 14, violation of an order for protection; 609.3451, 
 19.25  fifth degree criminal sexual conduct; 609.746, repeat offenses 
 19.26  of interference with privacy; 617.23, repeat offenses of 
 19.27  indecent exposure; 617.241, obscene materials and performances; 
 19.28  617.243, indecent literature, distribution; 617.293, 
 19.29  disseminating or displaying harmful material to minors; 609.71, 
 19.30  riot; 609.66, dangerous weapons; 609.749, harassment, stalking; 
 19.31  609.224, subdivision 2, paragraph (c), fifth degree assault 
 19.32  against a vulnerable adult by a caregiver; 609.23, mistreatment 
 19.33  of persons confined; 609.231, mistreatment of residents or 
 19.34  patients; 609.2325, criminal abuse of a vulnerable adult; 
 19.35  609.2335, financial exploitation of a vulnerable adult; 609.233, 
 19.36  criminal neglect of a vulnerable adult; 609.234, failure to 
 20.1   report maltreatment of a vulnerable adult; 609.72, subdivision 
 20.2   3, disorderly conduct against a vulnerable adult; 609.265, 
 20.3   abduction; 609.378, neglect or endangerment of a child; 609.377, 
 20.4   malicious punishment of a child; 609.324, subdivision 1a, other 
 20.5   prohibited acts, minor engaged in prostitution; 609.33, 
 20.6   disorderly house; 609.52, theft; 609.582, burglary in the first, 
 20.7   second, third, or fourth degree; 609.631, check forgery, 
 20.8   offering a forged check; 609.275, attempt to coerce; an attempt 
 20.9   or conspiracy to commit any of these offenses as defined in 
 20.10  Minnesota Statutes; or an offense in any other state or country 
 20.11  where the elements are substantially similar to any of the 
 20.12  offenses listed in this paragraph. 
 20.13     (e) Less than seven years have passed since the discharge 
 20.14  of the sentence imposed for the offense and the person has 
 20.15  received a misdemeanor conviction for one of the following 
 20.16  offenses or the person has admitted to committing or a 
 20.17  preponderance of the evidence indicates that the person has 
 20.18  committed an act that meets the definition of a misdemeanor 
 20.19  conviction for one of the following offenses:  sections 609.224, 
 20.20  fifth degree assault; 609.2242, domestic assault; 518B.01, 
 20.21  violation of an order for protection; 609.3232, violation of an 
 20.22  order for protection; 609.746, interference with privacy; 
 20.23  609.79, obscene or harassing telephone calls; 609.795, letter, 
 20.24  telegram, or package opening, harassment; 617.23, indecent 
 20.25  exposure; 609.2672, assault of an unborn child, third degree; 
 20.26  617.293, dissemination and display of harmful materials to 
 20.27  minors; 609.66, dangerous weapons; 609.665, spring guns; an 
 20.28  attempt or conspiracy to commit any of these offenses as defined 
 20.29  in Minnesota Statutes; or an offense in any other state or 
 20.30  country where the elements are substantially similar to any of 
 20.31  the offenses listed in this paragraph. 
 20.32     (f) The person has been identified by the county's child 
 20.33  protection agency or by the statewide child protection database 
 20.34  as the person allegedly responsible for physical or sexual abuse 
 20.35  of a child within the last seven years. 
 20.36     (g) The person has been identified by the county's adult 
 21.1   protection agency or by the statewide adult protection database 
 21.2   as the person responsible for abuse or neglect of a vulnerable 
 21.3   adult within the last seven years. 
 21.4      (h) The person has refused to give written consent for 
 21.5   disclosure of criminal history records. 
 21.6      (i) The person has been denied a family child care license 
 21.7   or has received a fine or a sanction as a licensed child care 
 21.8   provider that has not been reversed on appeal. 
 21.9      (j) The person has a family child care licensing 
 21.10  disqualification that has not been set aside. 
 21.11     (k) The person has admitted or a county has found that 
 21.12  there is a preponderance of evidence that fraudulent information 
 21.13  was given to the county for application purposes or was used in 
 21.14  submitting bills for payment. 
 21.15     (l) The person has been convicted or there is a 
 21.16  preponderance of evidence of the crime of theft by wrongfully 
 21.17  obtaining public assistance. 
 21.18     (m) The person has a household member age 13 or older who 
 21.19  has access to children during the hours that care is provided 
 21.20  and who meets one of the conditions listed in paragraphs (b) to 
 21.21  (l). 
 21.22     (n) The person has a household member ages ten to 12 who 
 21.23  has access to children during the hours that care is provided; 
 21.24  information or circumstances exist which provide the county with 
 21.25  articulable suspicion that further pertinent information may 
 21.26  exist showing the household member meets one of the conditions 
 21.27  listed in paragraphs (b) to (l); and the household member 
 21.28  actually meets one of the conditions listed in paragraphs (b) to 
 21.29  (l). 
 21.30     Sec. 29.  Minnesota Statutes 2003 Supplement, section 
 21.31  144.395, subdivision 1, is amended to read: 
 21.32     Subdivision 1.  [CREATION.] (a) The tobacco use prevention 
 21.33  and local public health endowment fund is created in the state 
 21.34  treasury.  The State Board of Investment shall invest the fund 
 21.35  under section 11A.24.  All earnings of the fund must be credited 
 21.36  to the fund.  The principal of the fund must be maintained 
 22.1   inviolate, except that the principal may be used to make 
 22.2   expenditures from the fund for the purposes specified in this 
 22.3   section when the market value of the fund falls below 105 
 22.4   percent of the cumulative total of the tobacco settlement 
 22.5   payments received by the state and credited to the tobacco 
 22.6   settlement fund under Minnesota Statutes 2002, section 16A.87, 
 22.7   subdivision 2.  For purposes of this section, "principal" means 
 22.8   an amount equal to the cumulative total of the tobacco 
 22.9   settlement payments received by the state and credited to the 
 22.10  tobacco settlement fund under Minnesota Statutes 2002, section 
 22.11  16A.87, subdivision 2.  
 22.12     (b) If the commissioner of finance determines that probable 
 22.13  receipts to the general fund will be sufficient to meet the need 
 22.14  for expenditures from the general fund for a fiscal biennium, 
 22.15  the commissioner may use cash reserves of the tobacco use 
 22.16  prevention and local public health endowment fund, excluding an 
 22.17  amount sufficient to meet the annual appropriations in 
 22.18  subdivision 2, to pay expenses of the general fund.  If cash 
 22.19  reserves are transferred to the general fund to meet cash flow 
 22.20  needs, the amount transferred, plus interest at a rate 
 22.21  comparable to the rate earned by the state on invested 
 22.22  commissioner of finance cash, as determined monthly by the 
 22.23  commissioner, must be returned to the endowment fund as soon as 
 22.24  sufficient cash balances are available in the general fund, but 
 22.25  in any event before the end of the fiscal biennium.  An amount 
 22.26  necessary to pay the interest is appropriated from the general 
 22.27  fund.  If cash reserves of the endowment fund are used to pay 
 22.28  expenses for the general fund, the recipients of the grants 
 22.29  shall be held harmless to the extent possible in the following 
 22.30  order:  (1) local public health; (2) local tobacco prevention; 
 22.31  and (3) statewide tobacco prevention.  When determining the fair 
 22.32  market value of the fund, for the purposes described in 
 22.33  subdivision 2, the value of the cash reserves transferred to the 
 22.34  general fund must be included in the determination. 
 22.35     Sec. 30.  Minnesota Statutes 2002, section 168.12, 
 22.36  subdivision 2d, is amended to read: 
 23.1      Subd. 2d.  [READY RESERVE; SPECIAL PLATES.] (a) The 
 23.2   registrar shall issue special license plates to an applicant who 
 23.3   is not eligible for special license plates under subdivision 2c, 
 23.4   who is a member of the United States Armed Forces Ready Reserve 
 23.5   as described in United States Code, title 10, section 268 10142 
 23.6   or 10143, and is an owner or joint owner of a passenger 
 23.7   automobile, van, or pickup truck, on paying a fee of $10, paying 
 23.8   the registration tax required by law, and complying with other 
 23.9   laws of this state relating to registration and licensing of 
 23.10  motor vehicles and drivers.  The commissioner of veterans 
 23.11  affairs shall design these special plates subject to the 
 23.12  approval of the registrar.  No applicant may be issued more than 
 23.13  two sets of plates for vehicles owned or jointly owned by the 
 23.14  applicant.  The commissioner of veterans affairs shall estimate 
 23.15  the number of special plates that will be required and submit 
 23.16  the estimate to the registrar.  
 23.17     (b) Special plates issued under this subdivision may only 
 23.18  be used during the period that the owner or joint owner of the 
 23.19  vehicle is a member of the ready reserve.  When the person is no 
 23.20  longer a member, the special plates must be removed from the 
 23.21  vehicle and returned to the registrar.  On returning the special 
 23.22  plates, the owner or purchaser of the vehicle is entitled to 
 23.23  receive regular plates for the vehicle without cost for the rest 
 23.24  of the registration period for which the special plates were 
 23.25  issued.  While the person is a member of the ready reserve, 
 23.26  plates issued under this subdivision may be transferred to 
 23.27  another motor vehicle owned or jointly owned by that person on 
 23.28  paying a fee of $5.  
 23.29     (c) The fees collected under this subdivision must be paid 
 23.30  into the state treasury and credited to the highway user tax 
 23.31  distribution fund.  
 23.32     (d) The registrar may adopt rules under the Administrative 
 23.33  Procedure Act to govern the issuance and use of the special 
 23.34  plates authorized by this subdivision. 
 23.35     Sec. 31.  Minnesota Statutes 2002, section 181.953, 
 23.36  subdivision 1, is amended to read: 
 24.1      Subdivision 1.  [USE OF LICENSED, ACCREDITED, OR CERTIFIED 
 24.2   LABORATORY REQUIRED.] (a) An employer who requests or requires 
 24.3   an employee or job applicant to undergo drug or alcohol testing 
 24.4   shall use the services of a testing laboratory that meets one of 
 24.5   the following criteria for drug testing: 
 24.6      (1) is certified by the National Institute on Drug Abuse as 
 24.7   meeting the mandatory guidelines published at 54 53 Federal 
 24.8   Register 11970 to 11989, April 11, 1988; 
 24.9      (2) is accredited by the College of American Pathologists, 
 24.10  325 Waukegan Road, Northfield, Illinois, 60093-2750, under the 
 24.11  forensic urine drug testing laboratory program; or 
 24.12     (3) is licensed to test for drugs by the state of New York, 
 24.13  Department of Health, under Public Health Law, article 5, title 
 24.14  V, and rules adopted under that law. 
 24.15     (b) For alcohol testing, the laboratory must either be: 
 24.16     (1) licensed to test for drugs and alcohol by the state of 
 24.17  New York, Department of Health, under Public Health Law, article 
 24.18  5, title V, and the rules adopted under that law; or 
 24.19     (2) accredited by the College of American Pathologists, 325 
 24.20  Waukegan Road, Northfield, Illinois, 60093-2750, in the 
 24.21  laboratory accreditation program. 
 24.22     Sec. 32.  Minnesota Statutes 2003 Supplement, section 
 24.23  192.501, subdivision 2, is amended to read: 
 24.24     Subd. 2.  [TUITION AND TEXTBOOK REIMBURSEMENT GRANT 
 24.25  PROGRAM.] (a) The adjutant general shall establish a program to 
 24.26  provide tuition and textbook reimbursement grants to eligible 
 24.27  members of the Minnesota National Guard within the limitations 
 24.28  of this subdivision. 
 24.29     (b) Eligibility is limited to a member of the National 
 24.30  Guard who: 
 24.31     (1) is serving satisfactorily as defined by the adjutant 
 24.32  general; 
 24.33     (2) is attending a postsecondary educational institution, 
 24.34  as defined by section 136A.15, subdivision 6, including a 
 24.35  vocational or technical school operated or regulated by this 
 24.36  state or another state or province; and 
 25.1      (3) provides proof of satisfactory completion of 
 25.2   coursework, as defined by the adjutant general. 
 25.3      In addition, if a member of the Minnesota National Guard is 
 25.4   killed in the line of state active service or federally funded 
 25.5   state active service, as defined in section 190.05, subdivisions 
 25.6   5a and 5b, the member's surviving spouse, and any surviving 
 25.7   dependent who has not yet reached 24 years of age, is eligible 
 25.8   for a tuition and textbook reimbursement grant. 
 25.9      The adjutant general may, within the limitations of this 
 25.10  paragraph and other applicable laws, determine additional 
 25.11  eligibility criteria for the grant, and must specify the 
 25.12  criteria in department regulations and publish changes as 
 25.13  necessary. 
 25.14     (c) The amount of a tuition and textbook reimbursement 
 25.15  grant must be specified on a schedule as determined and 
 25.16  published in department regulations by the adjutant general, but 
 25.17  is limited to a maximum of an amount equal to the greater of: 
 25.18     (1) 75 80 percent of the cost of tuition for lower division 
 25.19  programs in the College of Liberal Arts at the Twin Cities 
 25.20  campus of the University of Minnesota in the most recent 
 25.21  academic year; or 
 25.22     (2) 50 80 percent of the cost of tuition for the program in 
 25.23  which the person is enrolled at that Minnesota public 
 25.24  institution, or if that public institution is outside the state 
 25.25  of Minnesota, for the cost of a comparable program at the 
 25.26  University of Minnesota, except that in the case of a survivor 
 25.27  as defined in paragraph (b), the amount of the tuition and 
 25.28  textbook reimbursement grant for coursework satisfactorily 
 25.29  completed by the person is limited to 100 percent of the cost of 
 25.30  tuition for postsecondary courses at a Minnesota public 
 25.31  educational institution. 
 25.32     Paragraph (b) notwithstanding, a person is no longer 
 25.33  eligible for a grant under this subdivision once the person has 
 25.34  received grants under this subdivision for the equivalent of 208 
 25.35  quarter credits or 144 semester credits of coursework. 
 25.36     (d) Tuition and textbook reimbursement grants received 
 26.1   under this subdivision may not be considered by the Minnesota 
 26.2   Higher Education Services Office or by any other state board, 
 26.3   commission, or entity in determining a person's eligibility for 
 26.4   a scholarship or grant-in-aid under sections 136A.095 to 
 26.5   136A.1311. 
 26.6      (e) If a member fails to complete a term of enlistment 
 26.7   during which a tuition and textbook reimbursement grant was 
 26.8   paid, the adjutant general may seek to recoup a prorated amount 
 26.9   as determined by the adjutant general. 
 26.10     [EFFECTIVE DATE.] This section is effective retroactively 
 26.11  from June 30, 2003. 
 26.12     Sec. 33.  Minnesota Statutes 2002, section 214.03, 
 26.13  subdivision 1, is amended to read: 
 26.14     Subdivision 1.  [STANDARDIZED TESTS USED.] All state 
 26.15  examining and licensing boards, other than the State Board of 
 26.16  Law Examiners, the state Board of Lawyers Professional 
 26.17  Responsibility Board or any other board established by the 
 26.18  Supreme Court to regulate the practice of law and judicial 
 26.19  functions, shall use national standardized tests for the 
 26.20  objective, nonpractical portion of any examination given to 
 26.21  prospective licensees to the extent that such national 
 26.22  standardized tests are appropriate, except when the subject 
 26.23  matter of the examination relates to the application of 
 26.24  Minnesota law to the profession or calling being licensed. 
 26.25     Sec. 34.  Minnesota Statutes 2003 Supplement, section 
 26.26  216C.41, subdivision 1, is amended to read: 
 26.27     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 26.28  subdivision apply to this section. 
 26.29     (b) "Qualified hydroelectric facility" means a 
 26.30  hydroelectric generating facility in this state that: 
 26.31     (1) is located at the site of a dam, if the dam was in 
 26.32  existence as of March 31, 1994; and 
 26.33     (2) begins generating electricity after July 1, 1994, or 
 26.34  generates electricity after substantial refurbishing of a 
 26.35  facility that begins after July 1, 2001. 
 26.36     (c) "Qualified wind energy conversion facility" means a 
 27.1   wind energy conversion system in this state that: 
 27.2      (1) produces two megawatts or less of electricity as 
 27.3   measured by nameplate rating and begins generating electricity 
 27.4   after December 31, 1996, and before July 1, 1999; 
 27.5      (2) begins generating electricity after June 30, 1999, 
 27.6   produces two megawatts or less of electricity as measured by 
 27.7   nameplate rating, and is: 
 27.8      (i) owned by a resident of Minnesota or an entity that is 
 27.9   organized under the laws of this state, is not prohibited from 
 27.10  owning agricultural land under section 500.24, and that owns the 
 27.11  land where the facility is sited; 
 27.12     (ii) owned by a Minnesota small business as defined in 
 27.13  section 645.445; 
 27.14     (iii) owned by a Minnesota nonprofit organization; 
 27.15     (iv) owned by a tribal council if the facility is located 
 27.16  within the boundaries of the reservation; 
 27.17     (v) owned by a Minnesota municipal utility or a Minnesota 
 27.18  cooperative electric association; or 
 27.19     (vi) owned by a Minnesota political subdivision or local 
 27.20  government, including, but not limited to, a county, statutory 
 27.21  or home rule charter city, town, school district, or any other 
 27.22  local or regional governmental organization such as a board, 
 27.23  commission, or association; or 
 27.24     (3) begins generating electricity after June 30, 1999, 
 27.25  produces seven megawatts or less of electricity as measured by 
 27.26  nameplate rating, and: 
 27.27     (i) is owned by a cooperative organized under chapter 308A 
 27.28  other than a Minnesota cooperative electric association; and 
 27.29     (ii) all shares and membership in the cooperative are held 
 27.30  by an entity that is not prohibited from owning agricultural 
 27.31  land under section 500.24. 
 27.32     (d) "Qualified on-farm biogas recovery facility" means an 
 27.33  anaerobic digester system that: 
 27.34     (1) is located at the site of an agricultural operation; 
 27.35     (2) is owned by an entity that is not prohibited from 
 27.36  owning agricultural land under section 500.24 and that owns or 
 28.1   rents the land where the facility is located; and 
 28.2      (3) begins generating electricity after July 1, 2001.  
 28.3      (e) "Anaerobic digester system" means a system of 
 28.4   components that processes animal waste based on the absence of 
 28.5   oxygen and produces gas used to generate electricity. 
 28.6      Sec. 35.  Minnesota Statutes 2003 Supplement, section 
 28.7   246.014, is amended to read: 
 28.8      246.014 [SERVICES.] 
 28.9      The measure of services established and prescribed by 
 28.10  section 246.012, are: 
 28.11     (a) The commissioner of human services shall develop and 
 28.12  maintain state-operated services in a manner consistent with 
 28.13  sections 245.461, 245.487, and 253.28, and chapters 252A 252, 
 28.14  254A, and 254B.  State-operated services shall be provided in 
 28.15  coordination with counties and other vendors.  State-operated 
 28.16  services shall include regional treatment centers, specialized 
 28.17  inpatient or outpatient treatment programs, enterprise services, 
 28.18  community-based services and programs, community preparation 
 28.19  services, consultative services, and other services consistent 
 28.20  with the mission of the Department of Human Services.  These 
 28.21  services shall include crisis beds, waivered homes, intermediate 
 28.22  care facilities, and day training and habilitation facilities.  
 28.23  The administrative structure of state-operated services must be 
 28.24  statewide in character.  The state-operated services staff may 
 28.25  deliver services at any location throughout the state. 
 28.26     (b) The commissioner of human services shall create and 
 28.27  maintain forensic services programs.  Forensic services shall be 
 28.28  provided in coordination with counties and other vendors.  
 28.29  Forensic services shall include specialized inpatient programs 
 28.30  at secure treatment facilities as defined in section 253B.02, 
 28.31  subdivision 18a, consultative services, aftercare services, 
 28.32  community-based services and programs, transition services, or 
 28.33  other services consistent with the mission of the Department of 
 28.34  Human Services. 
 28.35     (c) Community preparation services as identified in 
 28.36  paragraphs (a) and (b) are defined as specialized inpatient or 
 29.1   outpatient services or programs operated outside of a secure 
 29.2   environment but are administered by a secured treatment facility.
 29.3      (d) The commissioner of human services may establish 
 29.4   policies and procedures which govern the operation of the 
 29.5   services and programs under the direct administrative authority 
 29.6   of the commissioner. 
 29.7      Sec. 36.  Minnesota Statutes 2003 Supplement, section 
 29.8   256.954, subdivision 3, is amended to read: 
 29.9      Subd. 3.  [DEFINITIONS.] For the purpose of this section, 
 29.10  the following terms have the meanings given them. 
 29.11     (a) "Commissioner" means the commissioner of human services.
 29.12     (b) "Manufacturer" means a manufacturer as defined in 
 29.13  section 151.44, paragraph (c). 
 29.14     (c) "Covered prescription drug" means a prescription drug 
 29.15  as defined in section 151.44, paragraph (d), that is covered 
 29.16  under medical assistance as described in section 256B.0625, 
 29.17  subdivision 13, and that is provided by a manufacturer that has 
 29.18  a fully executed rebate agreement with the commissioner under 
 29.19  this section and complies with that agreement.  
 29.20     (d) "Health carrier" means an insurance company licensed 
 29.21  under chapter 60A to offer, sell, or issue an individual or 
 29.22  group policy of accident and sickness insurance as defined in 
 29.23  section 62A.01; a nonprofit health service plan corporation 
 29.24  operating under chapter 62C; a health maintenance organization 
 29.25  operating under chapter 62D; a joint self-insurance employee 
 29.26  health plan operating under chapter 62H; a community integrated 
 29.27  systems network licensed under chapter 62N; a fraternal benefit 
 29.28  society operating under chapter 64B; a city, county, school 
 29.29  district, or other political subdivision providing self-insured 
 29.30  health coverage under section 461.617 471.617 or sections 471.98 
 29.31  to 471.982; and a self-funded health plan under the Employee 
 29.32  Retirement Income Security Act of 1974, as amended. 
 29.33     (e) "Participating pharmacy" means a pharmacy as defined in 
 29.34  section 151.01, subdivision 2, that agrees to participate in the 
 29.35  prescription drug discount program. 
 29.36     (f) "Enrolled individual" means a person who is eligible 
 30.1   for the program under subdivision 4 and has enrolled in the 
 30.2   program according to subdivision 5. 
 30.3      Sec. 37.  Minnesota Statutes 2002, section 256D.03, 
 30.4   subdivision 8, is amended to read: 
 30.5      Subd. 8.  [PRIVATE INSURANCE POLICIES.] (a) Private 
 30.6   accident and health care coverage for medical services is 
 30.7   primary coverage and must be exhausted before general assistance 
 30.8   medical care is paid.  When a person who is otherwise eligible 
 30.9   for general assistance medical care has private accident or 
 30.10  health care coverage, including a prepaid health plan, the 
 30.11  private health care benefits available to the person must be 
 30.12  used first and to the fullest extent.  General assistance 
 30.13  medical care payment will not be made when either covered 
 30.14  charges are paid in full by a third party or the provider has an 
 30.15  agreement to accept payment for less than charges as payment in 
 30.16  full.  Payment for patients that are simultaneously covered by 
 30.17  general assistance medical care and a liable third party other 
 30.18  than Medicare will be determined as the lesser of clauses (1) to 
 30.19  (3): 
 30.20     (1) the patient liability according to the provider/insurer 
 30.21  agreement; 
 30.22     (2) covered charges minus the third party payment amount; 
 30.23  or 
 30.24     (3) the general assistance medical care rate minus the 
 30.25  third party payment amount. 
 30.26  A negative difference will not be implemented. 
 30.27     (b) When a parent or a person with an obligation of support 
 30.28  has enrolled in a prepaid health care plan under section 
 30.29  518.171, subdivision 1, the commissioner of human services shall 
 30.30  limit the recipient of general assistance medical care to the 
 30.31  benefits payable under that prepaid health care plan to the 
 30.32  extent that services available under general assistance medical 
 30.33  care are also available under the prepaid health care plan.  
 30.34     (c) Upon furnishing general assistance medical care or 
 30.35  general assistance to any person having private accident or 
 30.36  health care coverage, or having a cause of action arising out of 
 31.1   an occurrence that necessitated the payment of assistance, the 
 31.2   state agency shall be subrogated, to the extent of the cost of 
 31.3   medical care, subsistence, or other payments furnished, to any 
 31.4   rights the person may have under the terms of the coverage or 
 31.5   under the cause of action.  For purposes of this subdivision, 
 31.6   "state agency" includes prepaid health plans under contract with 
 31.7   the commissioner according to subdivision 4, paragraph (c), and 
 31.8   sections 256B.69, 256D.03, subdivision 4, paragraph (d), and 
 31.9   256L.12; children's mental health collaboratives under section 
 31.10  245.493; demonstration projects for persons with disabilities 
 31.11  under section 256B.77; nursing homes under the alternative 
 31.12  payment demonstration project under section 256B.434; and 
 31.13  county-based purchasing entities under section 256B.692. 
 31.14     This right of subrogation includes all portions of the 
 31.15  cause of action, notwithstanding any settlement allocation or 
 31.16  apportionment that purports to dispose of portions of the cause 
 31.17  of action not subject to subrogation.  
 31.18     (d) To recover under this section, the attorney general may 
 31.19  institute or join a civil action to enforce the subrogation 
 31.20  rights the commissioner established under this section.  
 31.21     Any prepaid health plan providing services under 
 31.22  subdivision 4, paragraph (c), and sections 256B.69, 256D.03, 
 31.23  subdivision 4, paragraph (d), and 256L.12; children's mental 
 31.24  health collaboratives under section 245.493; demonstration 
 31.25  projects for persons with disabilities under section 256B.77; 
 31.26  nursing homes under the alternative payment demonstration 
 31.27  project under section 256B.434; or the county-based purchasing 
 31.28  entity providing services under section 256B.692 may retain 
 31.29  legal representation to enforce the subrogation rights created 
 31.30  under this section or, if no action has been brought, may 
 31.31  initiate and prosecute an independent action on their behalf 
 31.32  against a person, firm, or corporation that may be liable to the 
 31.33  person to whom the care or payment was furnished. 
 31.34     (e) The state agency must be given notice of monetary 
 31.35  claims against a person, firm, or corporation that may be liable 
 31.36  in damages, or otherwise obligated to pay part or all of the 
 32.1   costs related to an injury when the state agency has paid or 
 32.2   become liable for the cost of care or payments related to the 
 32.3   injury.  Notice must be given as follows:  
 32.4      (i) Applicants for general assistance or general assistance 
 32.5   medical care shall notify the state or county agency of any 
 32.6   possible claims when they submit the application.  Recipients of 
 32.7   general assistance or general assistance medical care shall 
 32.8   notify the state or county agency of any possible claims when 
 32.9   those claims arise.  
 32.10     (ii) A person providing medical care services to a 
 32.11  recipient of general assistance medical care shall notify the 
 32.12  state agency when the person has reason to believe that a third 
 32.13  party may be liable for payment of the cost of medical care.  
 32.14     (iii) A person who is party to a claim upon which the state 
 32.15  agency may be entitled to subrogation under this section shall 
 32.16  notify the state agency of its potential subrogation claim 
 32.17  before filing a claim, commencing an action, or negotiating a 
 32.18  settlement.  A person who is a party to a claim includes the 
 32.19  plaintiff, the defendants, and any other party to the cause of 
 32.20  action. 
 32.21     Notice given to the county agency is not sufficient to meet 
 32.22  the requirements of paragraphs (b) and (c).  
 32.23     (f) Upon any judgment, award, or settlement of a cause of 
 32.24  action, or any part of it, upon which the state agency has a 
 32.25  subrogation right, including compensation for liquidated, 
 32.26  unliquidated, or other damages, reasonable costs of collection, 
 32.27  including attorney fees, must be deducted first.  The full 
 32.28  amount of general assistance or general assistance medical care 
 32.29  paid to or on behalf of the person as a result of the injury 
 32.30  must be deducted next and paid to the state agency.  The rest 
 32.31  must be paid to the public assistance recipient or other 
 32.32  plaintiff.  The plaintiff, however, must receive at least 
 32.33  one-third of the net recovery after attorney fees and collection 
 32.34  costs. 
 32.35     Sec. 38.  Minnesota Statutes 2002, section 260B.175, 
 32.36  subdivision 1, is amended to read: 
 33.1      Subdivision 1.  [IMMEDIATE CUSTODY.] No child may be taken 
 33.2   into immediate custody except: 
 33.3      (a) With an order issued by the court in accordance with 
 33.4   the provisions of section 260B.151, subdivision 5 260C.151, 
 33.5   subdivision 6, or Laws 1997, chapter 239, article 10, section 
 33.6   10, paragraph (a), clause (3), or 12, paragraph (a), clause (3), 
 33.7   or by a warrant issued in accordance with the provisions of 
 33.8   section 260B.154; 
 33.9      (b) In accordance with the laws relating to arrests; or 
 33.10     (c) By a peace officer or probation or parole officer when 
 33.11  it is reasonably believed that the child has violated the terms 
 33.12  of probation, parole, or other field supervision. 
 33.13     Sec. 39.  Minnesota Statutes 2002, section 270B.01, 
 33.14  subdivision 8, is amended to read: 
 33.15     Subd. 8.  [MINNESOTA TAX LAWS.] For purposes of this 
 33.16  chapter only, unless expressly stated otherwise, "Minnesota tax 
 33.17  laws" means the taxes, refunds, and fees administered by or paid 
 33.18  to the commissioner under chapters 115B (except taxes imposed 
 33.19  under sections 115B.21 to 115B.24), 289A (except taxes imposed 
 33.20  under sections 298.01, 298.015, and 298.24), 290, 290A, 291, 
 33.21  295, 297A, and 297H, or any similar Indian tribal tax 
 33.22  administered by the commissioner pursuant to any tax agreement 
 33.23  between the state and the Indian tribal government, and includes 
 33.24  any laws for the assessment, collection, and enforcement of 
 33.25  those taxes, refunds, and fees. 
 33.26     Sec. 40.  Minnesota Statutes 2003 Supplement, section 
 33.27  270B.03, subdivision 6, is amended to read: 
 33.28     Subd. 6.  [INVESTIGATIVE DATA.] For purposes of any law 
 33.29  administered by the Department of Revenue, including laws not 
 33.30  listed in section 270B.01, subdivision 8, investigative data 
 33.31  collected or created by the Department of Revenue in order to 
 33.32  prepare a case against a person, whether known or unknown, for 
 33.33  the commission of a crime is confidential data on individuals or 
 33.34  protected nonpublic data, as defined in section 13.02, 
 33.35  subdivisions 3 and 13, during an investigation.  When the 
 33.36  investigation becomes inactive, as defined in section 13.82, 
 34.1   subdivision 7, the data is private data on individuals or 
 34.2   nonpublic data, as defined in section 13.02, subdivisions 9 and 
 34.3   12. 
 34.4      Sec. 41.  Minnesota Statutes 2002, section 290.191, 
 34.5   subdivision 5, is amended to read: 
 34.6      Subd. 5.  [DETERMINATION OF SALES FACTOR.] For purposes of 
 34.7   this section, the following rules apply in determining the sales 
 34.8   factor.  
 34.9      (a) The sales factor includes all sales, gross earnings, or 
 34.10  receipts received in the ordinary course of the business, except 
 34.11  that the following types of income are not included in the sales 
 34.12  factor: 
 34.13     (1) interest; 
 34.14     (2) dividends; 
 34.15     (3) sales of capital assets as defined in section 1221 of 
 34.16  the Internal Revenue Code; 
 34.17     (4) sales of property used in the trade or business, except 
 34.18  sales of leased property of a type which is regularly sold as 
 34.19  well as leased; 
 34.20     (5) sales of debt instruments as defined in section 
 34.21  1275(a)(1) of the Internal Revenue Code or sales of stock; and 
 34.22     (6) royalties, fees, or other like income of a type which 
 34.23  qualify for a subtraction from federal taxable income under 
 34.24  section 290.01, subdivision 19(d)(11) (10).  
 34.25     (b) Sales of tangible personal property are made within 
 34.26  this state if the property is received by a purchaser at a point 
 34.27  within this state, and the taxpayer is taxable in this state, 
 34.28  regardless of the f.o.b. point, other conditions of the sale, or 
 34.29  the ultimate destination of the property. 
 34.30     (c) Tangible personal property delivered to a common or 
 34.31  contract carrier or foreign vessel for delivery to a purchaser 
 34.32  in another state or nation is a sale in that state or nation, 
 34.33  regardless of f.o.b. point or other conditions of the sale.  
 34.34     (d) Notwithstanding paragraphs (b) and (c), when 
 34.35  intoxicating liquor, wine, fermented malt beverages, cigarettes, 
 34.36  or tobacco products are sold to a purchaser who is licensed by a 
 35.1   state or political subdivision to resell this property only 
 35.2   within the state of ultimate destination, the sale is made in 
 35.3   that state.  
 35.4      (e) Sales made by or through a corporation that is 
 35.5   qualified as a domestic international sales corporation under 
 35.6   section 992 of the Internal Revenue Code are not considered to 
 35.7   have been made within this state.  
 35.8      (f) Sales, rents, royalties, and other income in connection 
 35.9   with real property is attributed to the state in which the 
 35.10  property is located.  
 35.11     (g) Receipts from the lease or rental of tangible personal 
 35.12  property, including finance leases and true leases, must be 
 35.13  attributed to this state if the property is located in this 
 35.14  state and to other states if the property is not located in this 
 35.15  state.  Receipts from the lease or rental of moving property 
 35.16  including, but not limited to, motor vehicles, rolling stock, 
 35.17  aircraft, vessels, or mobile equipment are included in the 
 35.18  numerator of the receipts factor to the extent that the property 
 35.19  is used in this state.  The extent of the use of moving property 
 35.20  is determined as follows: 
 35.21     (1) A motor vehicle is used wholly in the state in which it 
 35.22  is registered.  
 35.23     (2) The extent that rolling stock is used in this state is 
 35.24  determined by multiplying the receipts from the lease or rental 
 35.25  of the rolling stock by a fraction, the numerator of which is 
 35.26  the miles traveled within this state by the leased or rented 
 35.27  rolling stock and the denominator of which is the total miles 
 35.28  traveled by the leased or rented rolling stock. 
 35.29     (3) The extent that an aircraft is used in this state is 
 35.30  determined by multiplying the receipts from the lease or rental 
 35.31  of the aircraft by a fraction, the numerator of which is the 
 35.32  number of landings of the aircraft in this state and the 
 35.33  denominator of which is the total number of landings of the 
 35.34  aircraft. 
 35.35     (4) The extent that a vessel, mobile equipment, or other 
 35.36  mobile property is used in the state is determined by 
 36.1   multiplying the receipts from the lease or rental of the 
 36.2   property by a fraction, the numerator of which is the number of 
 36.3   days during the taxable year the property was in this state and 
 36.4   the denominator of which is the total days in the taxable year.  
 36.5      (h) Royalties and other income not described in paragraph 
 36.6   (a), clause (6), received for the use of or for the privilege of 
 36.7   using intangible property, including patents, know-how, 
 36.8   formulas, designs, processes, patterns, copyrights, trade names, 
 36.9   service names, franchises, licenses, contracts, customer lists, 
 36.10  or similar items, must be attributed to the state in which the 
 36.11  property is used by the purchaser.  If the property is used in 
 36.12  more than one state, the royalties or other income must be 
 36.13  apportioned to this state pro rata according to the portion of 
 36.14  use in this state.  If the portion of use in this state cannot 
 36.15  be determined, the royalties or other income must be excluded 
 36.16  from both the numerator and the denominator.  Intangible 
 36.17  property is used in this state if the purchaser uses the 
 36.18  intangible property or the rights therein in the regular course 
 36.19  of its business operations in this state, regardless of the 
 36.20  location of the purchaser's customers. 
 36.21     (i) Sales of intangible property are made within the state 
 36.22  in which the property is used by the purchaser.  If the property 
 36.23  is used in more than one state, the sales must be apportioned to 
 36.24  this state pro rata according to the portion of use in this 
 36.25  state.  If the portion of use in this state cannot be 
 36.26  determined, the sale must be excluded from both the numerator 
 36.27  and the denominator of the sales factor.  Intangible property is 
 36.28  used in this state if the purchaser used the intangible property 
 36.29  in the regular course of its business operations in this state. 
 36.30     (j) Receipts from the performance of services must be 
 36.31  attributed to the state where the services are received.  For 
 36.32  the purposes of this section, receipts from the performance of 
 36.33  services provided to a corporation, partnership, or trust may 
 36.34  only be attributed to a state where it has a fixed place of 
 36.35  doing business.  If the state where the services are received is 
 36.36  not readily determinable or is a state where the corporation, 
 37.1   partnership, or trust receiving the service does not have a 
 37.2   fixed place of doing business, the services shall be deemed to 
 37.3   be received at the location of the office of the customer from 
 37.4   which the services were ordered in the regular course of the 
 37.5   customer's trade or business.  If the ordering office cannot be 
 37.6   determined, the services shall be deemed to be received at the 
 37.7   office of the customer to which the services are billed. 
 37.8      Sec. 42.  Minnesota Statutes 2002, section 290C.04, is 
 37.9   amended to read: 
 37.10     290C.04 [APPLICATIONS.] 
 37.11     (a) A landowner may apply to enroll forest land for the 
 37.12  sustainable forest incentive program under this chapter.  The 
 37.13  claimant must complete, sign, and submit an application to the 
 37.14  commissioner by September 30 in order for the land to become 
 37.15  eligible beginning in the next year.  The application shall be 
 37.16  on a form prescribed by the commissioner and must include the 
 37.17  information the commissioner deems necessary.  At a minimum, the 
 37.18  application must show the following information for the land and 
 37.19  the claimant:  (i) the claimant's Social Security number or 
 37.20  state or federal business tax registration number and date of 
 37.21  birth, (ii) the claimant's address, (iii) the claimant's 
 37.22  signature, (iv) the county's parcel identification numbers for 
 37.23  the tax parcels that completely contain the claimant's forest 
 37.24  land that is sought to be enrolled, (v) the number of acres 
 37.25  eligible for enrollment in the program, (vi) the approved plan 
 37.26  writer's signature and identification number, and (vii) proof, 
 37.27  in a form specified by the commissioner, that the claimant has 
 37.28  executed and acknowledged in the manner required by law for a 
 37.29  deed, and recorded, a covenant that the land is not and shall 
 37.30  not be developed in a manner inconsistent with the requirements 
 37.31  and conditions of this chapter.  The covenant shall state in 
 37.32  writing that the covenant is binding on the claimant and the 
 37.33  claimant's successor or assignee, and that it runs with the land 
 37.34  for a period of not less than eight years.  The commissioner 
 37.35  shall specify the form of the covenant and provide copies upon 
 37.36  request.  The covenant must include a legal description that 
 38.1   encompasses all the forest land that the claimant wishes to 
 38.2   enroll under this section or the certificate of title number for 
 38.3   that land if it is registered land. 
 38.4      (b) In all cases, the commissioner shall notify the 
 38.5   claimant within 90 days after receipt of a completed application 
 38.6   that either the land has or has not been approved for enrollment.
 38.7   A claimant whose application is denied may appeal the denial as 
 38.8   provided in section 290C.11, paragraph (a). 
 38.9      (c) Within 90 days after the denial of an application, or 
 38.10  within 90 days after the final resolution of any appeal related 
 38.11  to the denial, the commissioner shall execute and acknowledge a 
 38.12  document releasing the land from the covenant required under 
 38.13  this chapter.  The document must be mailed to the claimant and 
 38.14  is entitled to be recorded. 
 38.15     (d) The Social Security numbers collected from individuals 
 38.16  under this section are private data as provided in section 13.49 
 38.17  13.355.  The state or federal business tax registration number 
 38.18  and date of birth data collected under this section are also 
 38.19  private data on individuals or nonpublic data, as defined in 
 38.20  section 13.02, subdivisions 9 and 12, but may be shared with 
 38.21  county assessors for purposes of tax administration and with 
 38.22  county treasurers for purposes of the revenue recapture under 
 38.23  chapter 270A. 
 38.24     Sec. 43.  Minnesota Statutes 2003 Supplement, section 
 38.25  297A.668, subdivision 3, is amended to read: 
 38.26     Subd. 3.  [LEASE OR RENTAL OF TANGIBLE PERSONAL PROPERTY.] 
 38.27  The lease or rental of tangible personal property, other than 
 38.28  property identified in subdivision 4 or 5, shall be sourced as 
 38.29  required in paragraphs (a) to (c). 
 38.30     (a) For a lease or rental that requires recurring periodic 
 38.31  payments, the first periodic payment is sourced the same as a 
 38.32  retail sale in accordance with the provisions of subdivision 6 2.
 38.33  Periodic payments made subsequent to the first payment are 
 38.34  sourced to the primary property location for each period covered 
 38.35  by the payment.  The primary property location must be as 
 38.36  indicated by an address for the property provided by the lessee 
 39.1   that is available to the lessor from its records maintained in 
 39.2   the ordinary course of business, when use of this address does 
 39.3   not constitute bad faith.  The property location must not be 
 39.4   altered by intermittent use at different locations, such as use 
 39.5   of business property that accompanies employees on business 
 39.6   trips and service calls. 
 39.7      (b) For a lease or rental that does not require recurring 
 39.8   periodic payments, the payment is sourced the same as a retail 
 39.9   sale in accordance with the provisions of subdivision 2. 
 39.10     (c) This subdivision does not affect the imposition or 
 39.11  computation of sales or use tax on leases or rentals based on a 
 39.12  lump sum or accelerated basis, or on the acquisition of property 
 39.13  for lease. 
 39.14     [EFFECTIVE DATE.] This section is effective for sales and 
 39.15  purchases made on or after January 1, 2004. 
 39.16     Sec. 44.  Minnesota Statutes 2003 Supplement, section 
 39.17  297A.669, subdivision 16, is amended to read: 
 39.18     Subd. 16.  [SERVICE ADDRESS.] "Service address," for 
 39.19  purposes of this section, means: 
 39.20     (1) the location of the telecommunications equipment to 
 39.21  which a customer's call is charged and from which the call 
 39.22  originates or terminates, regardless of where the call is billed 
 39.23  or paid; 
 39.24     (2) if the location in paragraph (a) clause (1) is not 
 39.25  known, service address means the origination point of the signal 
 39.26  of the telecommunications services first identified by either 
 39.27  the seller's telecommunications system or in information 
 39.28  received by the seller from its service provider, where the 
 39.29  system used to transport the signals is not that of the seller; 
 39.30  or 
 39.31     (3) if the location in paragraphs (a) and (b) clauses (1) 
 39.32  and (2) is not known, the service address means the location of 
 39.33  the customer's place of primary use. 
 39.34     [EFFECTIVE DATE.] This section is effective for sales and 
 39.35  purchases made on or after January 1, 2004. 
 39.36     Sec. 45.  Minnesota Statutes 2003 Supplement, section 
 40.1   308B.201, is amended to read: 
 40.2      308B.201 [ORGANIZATIONAL PURPOSE.] 
 40.3      A cooperative may be formed and organized on a cooperative 
 40.4   plan for any lawful purpose, including: 
 40.5      (1) to market, process, or otherwise change the form or 
 40.6   marketability of products, including crops, livestock, and other 
 40.7   agricultural products, the manufacturing and further processing 
 40.8   of those products, other purposes that are necessary or 
 40.9   convenient to facilitate the production or marketing of products 
 40.10  by patron members and others, and other purposes that are 
 40.11  related to the business of the cooperative; 
 40.12     (2) to provide products, supplies, and services to its 
 40.13  members; and 
 40.14     (3) for any other purposes that cooperatives are authorized 
 40.15  to perform by law. 
 40.16     Sec. 46.  Minnesota Statutes 2003 Supplement, section 
 40.17  308B.311, subdivision 6, is amended to read: 
 40.18     Subd. 6.  [PENALTIES FOR CONTRACT INTERFERENCE AND FALSE 
 40.19  REPORTS.] Any person who knowingly induces or attempts to induce 
 40.20  any patron member or patron of a cooperative organized under 
 40.21  this chapter to breach a marketing contract with the 
 40.22  cooperative, or who maliciously and knowingly spreads false 
 40.23  reports about the cooperative's finances or management, is 
 40.24  guilty of a misdemeanor and subject to a fine of not less than 
 40.25  $100, and not more than $1,000, for each such offense. 
 40.26     Sec. 47.  Minnesota Statutes 2003 Supplement, section 
 40.27  308B.471, subdivision 2, is amended to read: 
 40.28     Subd. 2.  [INDEMNIFICATION.] (a) Subject to the provisions 
 40.29  of subdivision 4, a cooperative shall indemnify a person made or 
 40.30  threatened to be made a party to a proceeding by reason of the 
 40.31  former or present official capacity of the person against 
 40.32  judgments, penalties, fines, including, without limitation, 
 40.33  excise taxes assessed against the person with respect to an 
 40.34  employee benefit plan, settlements, and reasonable expenses, 
 40.35  including attorney fees and disbursements incurred by the person 
 40.36  in connection with the proceeding, if, with respect to the acts 
 41.1   or omissions of the person complained of in the proceeding, the 
 41.2   person: 
 41.3      (1) has not been indemnified by another organization or 
 41.4   employee benefit plan for the same judgments, penalties, fines, 
 41.5   including, without limitation, excise taxes assessed against the 
 41.6   person with respect to an employee benefit plan, settlements, 
 41.7   and reasonable expenses, including attorney fees and 
 41.8   disbursements incurred by the person in connection with the 
 41.9   proceeding with respect to the same acts or omissions; 
 41.10     (2) acted in good faith; 
 41.11     (3) received no improper personal benefit and the person 
 41.12  has not committed an act for which liability cannot be 
 41.13  eliminated or limited under section 308B.465, subdivision 2; 
 41.14     (4) in the case of a criminal proceeding, had no reasonable 
 41.15  cause to believe the conduct was unlawful; and 
 41.16     (5) in the case of acts or omissions occurring in the 
 41.17  official capacity described in subdivision 1, paragraph (c), 
 41.18  clause (1) or (2), reasonably believed that the conduct was in 
 41.19  the best interests of the cooperative, or in the case of acts or 
 41.20  omissions occurring in the official capacity described in 
 41.21  subdivision 1, paragraph (c), clause (3), reasonably believed 
 41.22  that the conduct was not opposed to the best interests of the 
 41.23  cooperative.  If the person's acts or omissions complained of in 
 41.24  the proceeding relate to conduct at as a director, officer, 
 41.25  trustee, employee, or agent of an employee benefit plan, the 
 41.26  conduct is not considered to be opposed to the best interests of 
 41.27  the cooperative if the person reasonably believed that the 
 41.28  conduct was in the best interests of the participants or 
 41.29  beneficiaries of the employee benefit plan. 
 41.30     (b) The termination of a proceeding by judgment, order, 
 41.31  settlement, conviction, or upon a plea of nolo contendere or its 
 41.32  equivalent does not, of itself, establish that the person did 
 41.33  not meet the criteria set forth in this subdivision. 
 41.34     Sec. 48.  Minnesota Statutes 2003 Supplement, section 
 41.35  308B.735, subdivision 1, is amended to read: 
 41.36     Subdivision 1.  [ALTERNATE PROCEDURE TO DISBURSE PROPERTY.] 
 42.1   A cooperative may, in lieu of paying or delivering to the state 
 42.2   the unclaimed property specified in its report of unclaimed 
 42.3   property, distribute the unclaimed property to a business entity 
 42.4   or organization that is exempt from taxation.  A cooperative 
 42.5   making the election to distribute unclaimed property shall file 
 42.6   with the secretary of state Department of Commerce:  
 42.7      (1) a verified written explanation of the proof of claim of 
 42.8   an owner establishing a right to receive the abandoned property; 
 42.9      (2) any error in the presumption of abandonment; 
 42.10     (3) the name, address, and exemption number of the business 
 42.11  entity or organization to which the property was or is to be 
 42.12  distributed; and 
 42.13     (4) the approximate date of distribution. 
 42.14     Sec. 49.  Minnesota Statutes 2002, section 325F.19, 
 42.15  subdivision 3, is amended to read: 
 42.16     Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
 42.17  commissioner of energy and economic development commerce. 
 42.18     Sec. 50.  Minnesota Statutes 2002, section 325F.69, 
 42.19  subdivision 1, is amended to read: 
 42.20     Subdivision 1.  [FRAUD, MISREPRESENTATION, DECEPTIVE 
 42.21  PRACTICES.] The act, use, or employment by any person of any 
 42.22  fraud, false pretense, false promise, misrepresentation, 
 42.23  misleading statement or deceptive practice, with the intent that 
 42.24  others rely thereon in connection with the sale of any 
 42.25  merchandise, whether or not any person has in fact been misled, 
 42.26  deceived, or damaged thereby, is enjoinable as provided herein 
 42.27  in section 325F.70. 
 42.28     Sec. 51.  Minnesota Statutes 2002, section 325F.69, 
 42.29  subdivision 4, is amended to read: 
 42.30     Subd. 4.  [SOLICITATION OF MONEY FOR MERCHANDISE NOT 
 42.31  ORDERED OR SERVICES NOT PERFORMED.] The act, use, or employment 
 42.32  by any person of any solicitation for payment of money by 
 42.33  another by any statement or invoice, or any writing that could 
 42.34  reasonably be interpreted as a statement or invoice, for 
 42.35  merchandise not yet ordered or for services not yet performed 
 42.36  and not yet ordered, whether or not any person has in fact been 
 43.1   misled, deceived, or damaged thereby, is enjoinable as 
 43.2   provided herein in section 325F.70. 
 43.3      Sec. 52.  Minnesota Statutes 2002, section 326.10, 
 43.4   subdivision 1, is amended to read: 
 43.5      Subdivision 1.  [ISSUANCE.] (a) The board shall on 
 43.6   application therefor on a prescribed form, and upon payment of a 
 43.7   fee prescribed by rule of the board, issue a license or 
 43.8   certificate as an architect, engineer, land surveyor, landscape 
 43.9   architect, geoscientist, or certified interior designer.  A 
 43.10  separate fee shall be paid for each profession licensed. 
 43.11     (1) To any person over 25 years of age, who is of good 
 43.12  moral character and repute, and who has the experience and 
 43.13  educational qualifications which the board by rule may prescribe.
 43.14     (2) To any person who holds an unexpired certificate of 
 43.15  registration or license issued by proper authority in the 
 43.16  District of Columbia, any state or territory of the United 
 43.17  States, or any foreign country, in which the requirements for 
 43.18  registration or licensure of architects, engineers, land 
 43.19  surveyors, landscape architects, geoscientists, or certified 
 43.20  interior designers, respectively, at the time of registration or 
 43.21  licensure in the other jurisdiction, were equal, in the opinion 
 43.22  of the board, to those fixed by the board and by the laws of 
 43.23  this state, and in which similar privileges are extended to the 
 43.24  holders of certificates of registration or licensure issued by 
 43.25  this state.  The board may require such person to submit a 
 43.26  certificate of technical qualification from the National Council 
 43.27  of Architectural Registration Boards in the case of an 
 43.28  architect, from the National Council of Engineering Examiners 
 43.29  for Engineering and Surveying in the case of an engineer, from 
 43.30  the National Council of Landscape Architects Architectural 
 43.31  Registration Board Boards in the case of a landscape architect, 
 43.32  and from the National Council for Interior Design Qualifications 
 43.33  Qualification in the case of a certified interior designer. 
 43.34     (b) Notwithstanding paragraph (a), for one year from the 
 43.35  effective date of rules adopted by the board with respect to the 
 43.36  discipline of professional geoscience, the board may accept as 
 44.1   evidence that the applicant is qualified for licensing in the 
 44.2   discipline of professional geoscience:  
 44.3      (1) a record of graduation with a baccalaureate degree from 
 44.4   a school or college having accreditation defined by the board 
 44.5   and a geoscience or associated science curriculum approved by 
 44.6   the board; and 
 44.7      (2) at least five years of active professional practice in 
 44.8   the discipline of professional geoscience as approved by the 
 44.9   board. 
 44.10     Sec. 53.  Minnesota Statutes 2002, section 326.10, 
 44.11  subdivision 7, is amended to read: 
 44.12     Subd. 7.  [ENGINEER-IN-TRAINING; LAND SURVEYOR-IN-TRAINING; 
 44.13  LANDSCAPE ARCHITECT-IN-TRAINING; GEOSCIENTIST-IN-TRAINING.] (1) 
 44.14  An applicant for certification as an engineer-in-training who is 
 44.15  a graduate with a bachelor of engineering degree from a school 
 44.16  or college having an engineering curriculum accredited by the 
 44.17  engineers' council for professional development or whose 
 44.18  education, in the opinion of the board, is equivalent thereto, 
 44.19  shall receive from the board, upon passing an examination in 
 44.20  fundamental engineering subjects, a certificate stating that the 
 44.21  applicant has passed such examination and that the applicant's 
 44.22  name has been recorded as an engineer-in-training. 
 44.23     (2) An applicant for certification as a land 
 44.24  surveyor-in-training who is a graduate with a bachelor's degree 
 44.25  from a school or college having an accredited engineering or 
 44.26  land surveying curriculum or who has equivalent education, in 
 44.27  the opinion of the board, shall receive from the board, upon 
 44.28  passing a written examination in the fundamentals of mathematics 
 44.29  and the basic principles of land surveying, a certificate 
 44.30  stating that the applicant has passed such examination and that 
 44.31  the applicant's name has been recorded as a land 
 44.32  surveyor-in-training. 
 44.33     (3) Any applicant for certification as a landscape 
 44.34  architect-in-training who is a graduate with a degree from a 
 44.35  school or college having a landscape architecture curriculum 
 44.36  accredited by the American Society of Landscape Architects 
 45.1   committee on education or who has had equivalent education or 
 45.2   experience or a combination thereof of a grade and character 
 45.3   acceptable to the board shall receive from the board, upon 
 45.4   passing an examination in fundamental landscape architectural 
 45.5   subjects, a certificate stating that the applicant has passed 
 45.6   that examination and that the applicant's name has been recorded 
 45.7   as a landscape architect-in-training. 
 45.8      (4) An applicant for certification as a 
 45.9   geoscientist-in-training who is a graduate with a baccalaureate 
 45.10  degree from a school or college having accreditation defined by 
 45.11  the board and a geoscience or associated science curriculum 
 45.12  approved by the board, shall receive from the board, upon 
 45.13  passing the appropriate examination in fundamental geoscience 
 45.14  subjects for the applicant's discipline as approved by the 
 45.15  board, a certificate stating that the applicant's name has been 
 45.16  recorded as a geoscientist-in-training with the appropriate 
 45.17  geoscientist-in-training legend as approved by the board. 
 45.18     Sec. 54.  Minnesota Statutes 2002, section 326.12, 
 45.19  subdivision 2, is amended to read: 
 45.20     Subd. 2.  [SEAL.] Each licensee or certificate holder may, 
 45.21  upon registration licensure or certification, obtain a seal of a 
 45.22  design approved by the board, bearing the licensee's or 
 45.23  certificate holder's name and the legend "licensed architect," 
 45.24  "licensed professional engineer," "licensed land surveyor," 
 45.25  "licensed landscape architect," the appropriate licensed 
 45.26  professional geoscientist legend as defined by the board, or 
 45.27  "certified interior designer."  Plans, specifications, plats, 
 45.28  reports, and other documents prepared by a licensee or 
 45.29  certificate holder may be stamped with the seal during the life 
 45.30  of the license or certificate.  A rubber stamp facsimile thereof 
 45.31  may be used in lieu of the seal on tracings from which prints 
 45.32  are to be made or on papers which would be damaged by the 
 45.33  regular seal.  It shall be unlawful for any one to stamp or seal 
 45.34  any document with the stamp or seal after the license of the 
 45.35  registrant named thereon or certificate has expired, been 
 45.36  revoked or suspended, unless said license or certificate shall 
 46.1   have been renewed or reissued. 
 46.2      Sec. 55.  Minnesota Statutes 2002, section 326.13, is 
 46.3   amended to read: 
 46.4      326.13 [PRACTICE EXEMPT.] 
 46.5      Practice of architecture, engineering, landscape 
 46.6   architecture, land surveying, or geoscience, or use of the title 
 46.7   certified interior designer in this state prior to licensure or 
 46.8   certification by the board shall be permitted under the 
 46.9   following conditions and limitations: 
 46.10     (1) By any person or firm not a resident of and having no 
 46.11  established place of business in this state, or any person or 
 46.12  firm resident in this state, but whose arrival in the state is 
 46.13  recent; provided, however, such person or a person connected 
 46.14  with such firm: 
 46.15     (i) is registered or licensed and qualified to practice 
 46.16  such profession in a state or country to which the board grants 
 46.17  registration or licensure or certification by comity in 
 46.18  accordance with the provisions of section 326.10, subdivision 1, 
 46.19  clause (2); and 
 46.20     (ii) shall have filed an application for licensure as an 
 46.21  architect, an engineer, a geoscientist, or a certified interior 
 46.22  designer shall have paid the fee provided for in section 326.10, 
 46.23  and shall have been notified by the board that the applicant 
 46.24  meets the requirements for licensure or certification in this 
 46.25  state and is entitled to receive a license or certificate, and 
 46.26  has applied for and been granted a temporary permit to 
 46.27  practice.  Temporary permits shall be granted to do a specific 
 46.28  job for the period stipulated on the permit. 
 46.29     (2) By a nonresident applicant who seeks to provide 
 46.30  architecture, engineering, land surveying, landscape 
 46.31  architecture, geoscience, or certified interior design services 
 46.32  in this state if the applicant offers to practice only for the 
 46.33  purpose of seeking to provide services, without having first 
 46.34  been registered or certified by the state, if the applicant: 
 46.35     (i) is registered and qualified to practice such profession 
 46.36  in a state or country to which the board grants registration or 
 47.1   licensure by comity in accordance with section 326.10, 
 47.2   subdivision 1, clause (2); 
 47.3      (ii) notified the board in writing that the applicant is 
 47.4   not currently registered in this state, but will be present in 
 47.5   this state for the purpose of seeking to provide services; 
 47.6      (iii) delivers a copy of the notice referred to in clause 
 47.7   (ii) to every potential client for whom the applicant is seeking 
 47.8   to provide services; and 
 47.9      (iv) applies within ten days to the board for licensure or 
 47.10  certification if selected as the design professional for a 
 47.11  project in this state; the applicant is prohibited from actually 
 47.12  rendering services as defined within the terms of sections 
 47.13  326.02 to 326.15 until the applicant is licensed or certified, 
 47.14  or obtains a temporary permit as described in clause (1). 
 47.15     (3) Practice as an architect, an engineer, a land surveyor, 
 47.16  a landscape architect, or a geoscientist, or use of the title 
 47.17  certified interior designer solely as an officer or employee of 
 47.18  the United States. 
 47.19     (4) Practice as a geoscientist by a person who would be 
 47.20  qualified under sections 326.02 to 326.15 by virtue of 
 47.21  experience and education while (i) engaged in exploration, 
 47.22  development, extraction, and reclamation of minerals and mineral 
 47.23  deposits or energy resources including sand, gravel, peat, 
 47.24  industrial minerals, metallic minerals, iron ore, coal, oil, and 
 47.25  gas and other mineral fuels; (ii) an employee of a corporation 
 47.26  or agency engaged in such exploration, development, extraction, 
 47.27  and reclamation of minerals and mineral deposits; (iii) acting 
 47.28  in accordance with the provisions of section 82B.035, 
 47.29  subdivision 3; 103I.205, subdivision 4; or 103I.601, subdivision 
 47.30  2; or (iv) engaged in academic geoscience research. 
 47.31     Sec. 56.  Minnesota Statutes 2002, section 326.15, is 
 47.32  amended to read: 
 47.33     326.15 [FALSE IMPERSONATION.] 
 47.34     It shall be unlawful for any person to present or attempt 
 47.35  to use as the person's own the seal or certificate of another, 
 47.36  or to give false or forged evidence of any kind to the board, or 
 48.1   any member thereof, or to falsely impersonate any registrant 
 48.2   licensee or certificate holder of like or different name, or to 
 48.3   use or attempt to use as the person's own the license of another 
 48.4   issued by any authority outside of this state, or to use or 
 48.5   attempt to use an expired or revoked or suspended license. 
 48.6      Sec. 57.  Minnesota Statutes 2002, section 336.9-531, is 
 48.7   amended to read: 
 48.8      336.9-531 [ELECTRONIC ACCESS; LIABILITY; RETENTION.] 
 48.9      (a)  [ELECTRONIC ACCESS.] The secretary of state may allow 
 48.10  private parties to have electronic access to the central filing 
 48.11  system and to other computerized records maintained by the 
 48.12  secretary of state on a fee basis, except that:  (1) visual 
 48.13  access to electronic display terminals at the public counters at 
 48.14  the Secretary of State's Office must be without charge and must 
 48.15  be available during public counter hours; and (2) access by law 
 48.16  enforcement personnel, acting in an official capacity, must be 
 48.17  without charge.  If the central filing system allows a form of 
 48.18  electronic access to information regarding the obligations of 
 48.19  debtors, the access must be available 24 hours a day, every day 
 48.20  of the year.  Notwithstanding section 13.49 13.355, private 
 48.21  parties who have electronic access to computerized records may 
 48.22  view the Social Security number information about a debtor that 
 48.23  is of record.  
 48.24     Notwithstanding section 13.49 13.355, a filing office may 
 48.25  include Social Security number information in an information 
 48.26  request response under section 336.9-523 or a search of other 
 48.27  liens in the central filing system.  A filing office may also 
 48.28  include Social Security number information on a photocopy or 
 48.29  electronic copy of a record whether provided in an information 
 48.30  request response or in response to a request made under section 
 48.31  13.03. 
 48.32     (b)  [LIABILITY.] The secretary of state, county recorders, 
 48.33  and their employees and agents are not liable for any loss or 
 48.34  damages arising from errors in or omissions from information 
 48.35  entered into the central filing system as a result of the 
 48.36  electronic transmission of tax lien notices under sections 
 49.1   268.058, subdivision 1, paragraph (c); 270.69, subdivision 2, 
 49.2   paragraph (b), clause (2); 272.483; and 272.488, subdivisions 1 
 49.3   and 3.  
 49.4      The state, the secretary of state, counties, county 
 49.5   recorders, and their employees and agents are immune from 
 49.6   liability that occurs as a result of errors in or omissions from 
 49.7   information provided from the central filing system.  
 49.8      (c)  [RETENTION.] Once the image of a paper record has been 
 49.9   captured by the central filing system, the secretary of state 
 49.10  may remove or direct the removal from the files and destroy the 
 49.11  paper record. 
 49.12     Sec. 58.  Minnesota Statutes 2002, section 357.021, 
 49.13  subdivision 5, is amended to read: 
 49.14     Subd. 5.  [EXEMPTION FOR GOVERNMENT AGENCIES.] 
 49.15  Notwithstanding any other provision of the law to the contrary, 
 49.16  no fee otherwise required to be paid to the court administrator 
 49.17  of district court by a defendant or defendants when filing the 
 49.18  first paper for that party in an action, shall be paid by the 
 49.19  state of Minnesota, or any department or agency thereof, or when 
 49.20  the state or a department or agency as plaintiff enters judgment 
 49.21  pursuant to a confession of judgment executed by the defendant. 
 49.22     Sec. 59.  Minnesota Statutes 2003 Supplement, section 
 49.23  469.339, subdivision 2, is amended to read: 
 49.24     Subd. 2.  [DEFINITIONS.] (a) For purposes of this section, 
 49.25  the following terms have the meanings given. 
 49.26     (b) "Qualified research expenses" means qualified research 
 49.27  expenses and basic research payments as defined in section 41(b) 
 49.28  and (e) of the Internal Revenue Code. 
 49.29     (c) "Qualified research" means activities in the fields of 
 49.30  biotechnology or health sciences that are "qualified research" 
 49.31  as defined in section 41(d) of the Internal Revenue Code, except 
 49.32  that the term does not include qualified research conducted 
 49.33  outside the biotechnology and health sciences industry zone. 
 49.34     (d) "Base amount" means base amount as defined in section 
 49.35  4(c) 41(c) of the Internal Revenue Code, except that the average 
 49.36  annual gross receipts must be calculated using Minnesota sales 
 50.1   or receipts under section 290.191 and the definitions contained 
 50.2   in paragraphs (b) and (c) apply. 
 50.3      (e) "Liability for tax" for purposes of this section means 
 50.4   the tax imposed under this chapter for the taxable year reduced 
 50.5   by the sum of the nonrefundable credits allowed under this 
 50.6   chapter. 
 50.7      Sec. 60.  Minnesota Statutes 2002, section 609.3452, 
 50.8   subdivision 2, is amended to read: 
 50.9      Subd. 2.  [ACCESS TO DATA.] Notwithstanding section 13.384, 
 50.10  13.85, 144.335, 260B.171, 260C.171, or 626.556, the assessor has 
 50.11  access to the following private or confidential data on the 
 50.12  person if access is relevant and necessary for the assessment: 
 50.13     (1) medical data under section 13.42 13.384; 
 50.14     (2) corrections and detention data under section 13.85; 
 50.15     (3) health records under section 144.335; 
 50.16     (4) juvenile court records under sections 260B.171 and 
 50.17  260C.171; and 
 50.18     (5) local welfare agency records under section 626.556. 
 50.19     Data disclosed under this section may be used only for 
 50.20  purposes of the assessment and may not be further disclosed to 
 50.21  any other person, except as authorized by law. 
 50.22     Sec. 61.  Laws 2003, First Special Session chapter 11, 
 50.23  article 2, section 21, is amended to read: 
 50.24     Sec. 21.  [INDEPENDENT STUDY ON INTERMITTENT RESOURCES.] 
 50.25     The commission shall order the electric utility subject to 
 50.26  Minnesota Statutes, section 216B.1691, subdivision 7 6, to 
 50.27  contract with a firm selected by the commissioner of commerce 
 50.28  for an independent engineering study of the impacts of 
 50.29  increasing wind capacity on its system above the 825 megawatts 
 50.30  of nameplate wind energy capacity to which the utility is 
 50.31  already committed, to evaluate options available to manage the 
 50.32  intermittent nature of this renewable resource.  The study shall 
 50.33  be completed by June 1, 2004, and incorporated into the 
 50.34  utility's next resource plan filing.  The costs of the study, 
 50.35  options pursued by the utility to manage the intermittent nature 
 50.36  of wind energy, and the costs of complying with Minnesota 
 51.1   Statutes, section 216B.1691, subdivision 7 6, shall be 
 51.2   recoverable under Minnesota Statutes, section 216B.1645. 
 51.3      [EFFECTIVE DATE.] This section is effective retroactively 
 51.4   from May 30, 2003. 
 51.5      Sec. 62.  Laws 2003, First Special Session chapter 21, 
 51.6   article 8, section 10, the effective date, is amended to read: 
 51.7      [EFFECTIVE DATE.] This section is effective for sales made 
 51.8   after June 30, 2007 2003. 
 51.9      Sec. 63.  [CERTAIN STATUTES REVIVED AND REENACTED.] 
 51.10     Minnesota Statutes, sections 169.829, subdivision 3, and 
 51.11  169.87, subdivisions 5 and 6, are expressly revived and 
 51.12  reenacted as specifically provided according to Minnesota 
 51.13  Statutes, section 645.36, effective retroactively and without 
 51.14  interruption from April 25, 2000. 
 51.15     Sec. 64.  [SEWAGE DISPOSAL SYSTEM CHARGES; CLEARWATER RIVER 
 51.16  WATERSHED DISTRICT.] 
 51.17     The Clearwater River Watershed District may collect charges 
 51.18  for maintenance, repair, operation, and use of sewer systems, 
 51.19  sewage treatment systems, and other facilities, whether created 
 51.20  as projects of the district or acquired by the district, for 
 51.21  disposing of sewage, industrial waste, or other wastes as 
 51.22  prescribed under Minnesota Statutes, section 444.075, 
 51.23  subdivision 2a. 
 51.24     [EFFECTIVE DATE.] This section is effective retroactively 
 51.25  from August 1, 2003. 
 51.26     Sec. 65.  [REVISOR'S INSTRUCTION; WETLAND RULES.] 
 51.27     The revisor of statutes shall make the following changes in 
 51.28  Minnesota Rules: 
 51.29     (1) in part 8420.0110, subpart 30, items A and B, insert 
 51.30  "or soil and water conservation district" to conform to Laws 
 51.31  2003, chapter 128, article 1, section 111; 
 51.32     (2) in part 8420.0544, item A, the first sentence, replace 
 51.33  the clause beginning with "statewide" with the language in 
 51.34  Minnesota Statutes, section 103G.222, subdivision 3, paragraph 
 51.35  (a), clause (5), to conform with the amendment to that section 
 51.36  in Laws 2003, chapter 128, article 1, section 113; 
 52.1      (3) in part 8420.0544, replace item C with the language in 
 52.2   Minnesota Statutes, section 103G.22, paragraph (k), to conform 
 52.3   with the amendment to that section in Laws 2003, chapter 128, 
 52.4   article 1, section 112; and 
 52.5      (4) in part 8420.0720, add two new subparts containing the 
 52.6   language in Minnesota Statutes, section 103G.2242, subdivisions 
 52.7   14 and 15, to conform with the amendment adding those 
 52.8   subdivisions in Laws 2003, chapter 128, article 1, sections 114 
 52.9   and 115. 
 52.10     Sec. 66.  [REVISOR'S INSTRUCTION; MISDEMEANORS.] 
 52.11     Subdivision 1.  [CONSTRUCTION.] The instructions in this 
 52.12  section are intended to correct sections that specify the 
 52.13  amounts of fines for gross misdemeanors, misdemeanors, and petty 
 52.14  misdemeanors so that the fine specified in each section is in 
 52.15  accord with the increases in fines enacted in Laws 1983, chapter 
 52.16  331, and Laws 2000, chapter 488, article 5, and codified in 
 52.17  Minnesota Statutes, sections 609.033 (misdemeanors), 609.0331 
 52.18  (petty misdemeanors), and 609.0341, subdivision 1 (gross 
 52.19  misdemeanors). 
 52.20     Subd. 2.  [GROSS MISDEMEANORS.] The revisor shall identify 
 52.21  every section of Minnesota Statutes that specifies that an 
 52.22  offense is a gross misdemeanor but states a maximum criminal 
 52.23  penalty amount lower than $3,000 for that offense.  The revisor 
 52.24  shall prepare a bill for the 2005 legislative session that 
 52.25  corrects the penalty amounts in the identified sections.  The 
 52.26  corrections must be in accordance with the penalty amounts in 
 52.27  Laws 1983, chapter 331; Laws 2000, chapter 488, article 5; and 
 52.28  Minnesota Statutes, section 609.0341, subdivision 1. 
 52.29     Subd. 3.  [MISDEMEANORS.] (a) In the following sections, 
 52.30  the revisor shall change "$700" to "$1,000" when the amount 
 52.31  specifies the maximum amount of a fine:  Minnesota Statutes, 
 52.32  sections 12.45; 21.122; 62C.22; 116J.871; 127A.10; 168.275; 
 52.33  169.21; 177.43; 181.30; 234.23; 235.10; 256.045; 260B.198; 
 52.34  260B.225; 299F.80; 299F.82; 299F.831; 325F.73; 412.231; 518B.01; 
 52.35  609.27; 609.324; 609.375; 609.50; 609.52; 609.526; 609.535; 
 52.36  609.5632; 609.576; 609.597; 609.615; 609.65; 609.66; 609.662; 
 53.1   609.665; 609.748; 609.855; 609.86; 609.88; 609.89; 609.891; 
 53.2   609.893; 624.25; and 624.68. 
 53.3      (b) The revisor shall identify every section of Minnesota 
 53.4   Statutes that specifies that an offense is a misdemeanor but 
 53.5   states a maximum criminal penalty amount lower than $1,000 for 
 53.6   that offense.  The revisor shall prepare a bill for the 2005 
 53.7   legislative session that corrects the penalty amounts in the 
 53.8   identified sections.  The corrections must be in accordance with 
 53.9   the penalty amount in Laws 2000, chapter 488, article 5, and 
 53.10  codified in Minnesota Statutes, section 609.033 (misdemeanors). 
 53.11     Subd. 4.  [PETTY MISDEMEANORS.] (a) In the following 
 53.12  section and subdivision, the revisor shall change "$200" to 
 53.13  "$300" when the amount specifies the maximum amount of a fine:  
 53.14  Minnesota Statutes, sections 152.07, subdivision 4; and 624.7162.
 53.15     (b) The revisor shall identify every section of Minnesota 
 53.16  Statutes that specifies that an offense is a petty misdemeanor 
 53.17  but states a maximum fine amount lower than $300 for that petty 
 53.18  offense.  The revisor shall prepare a bill for the 2005 
 53.19  legislative session that corrects the penalty amounts in the 
 53.20  identified sections.  The corrections must be in accordance with 
 53.21  the penalty amount in Laws 2000, chapter 488, article 5, and 
 53.22  codified in Minnesota Statutes, section 609.0331 (petty 
 53.23  misdemeanors). 
 53.24     Sec. 67.  [REVISOR'S INSTRUCTION; OBSOLETE HAZARDOUS WASTE 
 53.25  GENERATOR TAX.] 
 53.26     The revisor of statutes shall replace "115B.24" with 
 53.27  "115B.20" in the following sections of Minnesota Statutes:  
 53.28  115B.01, 115B.40, 115B.405, 115B.50, and 116J.554. 
 53.29     Sec. 68.  [REVISOR'S INSTRUCTION; TACIP.] 
 53.30     The revisor of statutes shall change the term 
 53.31  "telecommunications access for communications-impaired persons" 
 53.32  to "telecommunications access Minnesota" wherever it appears in 
 53.33  Minnesota Statutes or Minnesota Rules. 
 53.34     Sec. 69.  [REVISOR'S INSTRUCTION; GENERAL ASSISTANCE 
 53.35  REFERENCES.] 
 53.36     The revisor of statutes shall change the reference 
 54.1   "256D.03, subdivision 4, paragraph (d)" to "256D.03, subdivision 
 54.2   4, paragraph (c)" in Minnesota Statutes, sections 62A.045, 
 54.3   paragraph (b); 256.015, subdivisions 1 and 3; 256B.042, 
 54.4   subdivisions 1 and 3; 256B.056, subdivision 6; 256B.37, 
 54.5   subdivision 2; 256B.69, subdivisions 26, paragraphs (b) and (d), 
 54.6   and 27; 256L.03, subdivision 6; and 256L.12, subdivision 5. 
 54.7      Sec. 70.  [REPEALERS.] 
 54.8      Subdivision 1.  [NOXIOUS WEED QUARANTINE.] Minnesota 
 54.9   Statutes 2002, section 18.79, subdivision 11, is repealed. 
 54.10     Subd. 2.  [115B.241; EFFECTIVE DATE.] Minnesota Statutes 
 54.11  2002, section 115B.241, is repealed. 
 54.12     Subd. 3.  [INTERSTATE HIGHWAY SYSTEM; EDITORIAL 
 54.13  CONFLICT.] Laws 2001, chapter 161, section 29, is repealed. 
 54.14     Subd. 4.  [PUBLIC TRANSIT ASSISTANCE; EDITORIAL 
 54.15  CONFLICT.] Laws 2001, First Special Session chapter 5, article 
 54.16  3, section 9, is repealed. 
 54.17     Subd. 5.  [TRUCK LOAD WEIGHTS; EDITORIAL CONFLICT.] Laws 
 54.18  2002, chapter 364, section 15, is repealed. 
 54.19     Subd. 6.  [BROWNFIELD CLEANUP; EDITORIAL CONFLICT.] Laws 
 54.20  2002, chapter 380, article 4, section 1, is repealed. 
 54.21     Subd. 7.  [COUNTY AID OFFSET; EDITORIAL CONFLICT.] Laws 
 54.22  2003, chapter 127, article 5, section 19, is repealed. 
 54.23     Subd. 8.  [STATE PROPERTY TAX SETTLEMENT AND PAYMENT; 
 54.24  EDITORIAL CONFLICT.] Laws 2003, chapter 112, article 2, section 
 54.25  35, is repealed. 
 54.26     Subd. 9.  [CHAPTER 115B; EDITORIAL CONFLICT.] Laws 2003, 
 54.27  chapter 127, article 7, section 1; and Laws 2003, chapter 128, 
 54.28  article 2, section 13, are repealed. 
 54.29     Subd. 10.  [RENEWABLE ENERGY; EDITORIAL CONFLICT.] Laws 
 54.30  2003, chapter 128, article 3, section 4, is repealed. 
 54.31     Subd. 11.  [ATTACHED MACHINERY AID; EDITORIAL 
 54.32  CONFLICT.] Laws 2003, First Special Session chapter 9, article 
 54.33  5, section 29, is repealed. 
 54.34     Subd. 12.  [INTERGOVERNMENTAL INFORMATION SYSTEMS ADVISORY 
 54.35  COUNCIL RULES.] Minnesota Rules, parts 1220.0200; 1220.0300; 
 54.36  1220.0400; 1220.0500; 1220.0600; 1220.0700; 1220.0800; and 
 55.1   1220.0900, are repealed. 
 55.2      Subd. 13.  [HEALTH CARE EQUIPMENT LOAN PROGRAM.] Minnesota 
 55.3   Rules, parts 7380.0200; 7380.0210; 7380.0220; 7380.0230; and 
 55.4   7380.0240, are repealed. 
 55.5                              ARTICLE 2 
 55.6                      TERMINOLOGY CLARIFICATION 
 55.7      Section 1.  Minnesota Statutes 2002, section 60A.23, 
 55.8   subdivision 5, is amended to read: 
 55.9      Subd. 5.  [PROVISIONS AS TO FIDELITY AND SURETY COMPANIES.] 
 55.10  (1) [REQUIREMENTS AND ACCEPTABILITY.] No company for 
 55.11  guaranteeing the fidelity of persons in fiduciary positions, 
 55.12  public or private, or for acting as surety, shall transact any 
 55.13  business in this state until it shall have satisfied the 
 55.14  commissioner that it has complied with all the provisions of law 
 55.15  and obtained the commissioner's certificate to that effect.  
 55.16  Thereupon it shall be authorized to execute as sole or joint 
 55.17  surety any bond, undertaking, or recognizance which, by any 
 55.18  municipal or other law, or by the rules or regulations of any 
 55.19  municipal or other board, body, organization, or officer, is 
 55.20  required or permitted to be made, given, tendered, or filed for 
 55.21  the security or protection of any person, corporation, or 
 55.22  municipality, or any department thereof, or of any other 
 55.23  organization, conditioned for the doing or omitting of anything 
 55.24  in such bond or other instrument specified or provided; and any 
 55.25  and all courts, judges, officers, and heads of departments, 
 55.26  boards, and municipalities required or permitted to accept or 
 55.27  approve of the sufficiency of any such bond or instrument may in 
 55.28  their discretion accept the same when executed, or the 
 55.29  conditions thereof guaranteed solely or jointly by any such 
 55.30  company, and the same shall be in all respects full compliance 
 55.31  with every law or other provisions for the execution or guaranty 
 55.32  by one surety or by two or more sureties, or that sureties shall 
 55.33  be residents or householders, or freeholders landowners, or all 
 55.34  or either. 
 55.35     (2) [LIMITS OF RISK.] No fidelity or surety company shall 
 55.36  insure or reinsure in a single risk, less any portion thereof 
 56.1   reinsured, a larger sum than one-tenth of its net assets. 
 56.2      Sec. 2.  Minnesota Statutes 2002, section 116A.11, 
 56.3   subdivision 1, is amended to read: 
 56.4      Subdivision 1.  [APPOINTMENT.] Following the filing of the 
 56.5   order for a detailed survey the board or court shall make an 
 56.6   order appointing as viewers three disinterested resident 
 56.7   freeholders landowners of the county or counties affected. 
 56.8      Sec. 3.  Minnesota Statutes 2002, section 163.16, 
 56.9   subdivision 1, is amended to read: 
 56.10     Subdivision 1.  [COMPLAINT.] When a written complaint, 
 56.11  signed by five or more freeholders landowners of any town is 
 56.12  presented to the county board stating that a described town road 
 56.13  in or on the line of the town has not been opened and 
 56.14  constructed or is not properly maintained, and because of such 
 56.15  neglect is not reasonably passable, the county board by 
 56.16  resolution, shall fix a time and place for hearing the 
 56.17  complaint.  The county auditor shall mail a copy of the 
 56.18  complaint, together with notice of the time and place of hearing 
 56.19  on the complaint, to the town clerk.  All persons signing the 
 56.20  complaint shall also be notified of the time and place of the 
 56.21  hearing by the county auditor.  
 56.22     Sec. 4.  Minnesota Statutes 2002, section 163.161, is 
 56.23  amended to read: 
 56.24     163.161 [IMPASSABLE CITY THOROUGHFARE.] 
 56.25     When a written complaint signed by five or more freeholders 
 56.26  landowners of a statutory city of not more than 5,000 population 
 56.27  is presented to the county board stating that a city 
 56.28  thoroughfare located outside an urban area as defined in section 
 56.29  169.01, subdivision 59 has not been properly maintained and 
 56.30  because of the improper maintenance is not reasonably passable 
 56.31  the county board shall consider and act upon the complaint in 
 56.32  the same manner provided for a complaint under section 163.16. 
 56.33     Sec. 5.  Minnesota Statutes 2002, section 164.05, 
 56.34  subdivision 3, is amended to read: 
 56.35     Subd. 3.  [PETITION; NOTICE; VOTE AT TOWN MEETING.] When a 
 56.36  petition signed by ten or more freeholders landowners and voters 
 57.1   of a town shall be presented to the town clerk at least 20 days 
 57.2   before the time of holding the annual town meeting, praying that 
 57.3   the question of authorizing the town board to levy and assess a 
 57.4   town road drainage tax be submitted to the voters of such town, 
 57.5   the town clerk shall include in the notice of such annual town 
 57.6   meeting a notice that such question will be voted on at such 
 57.7   meeting.  Such question shall be voted on by ballot and it shall 
 57.8   be the duty of the clerk to provide at the expense of the town a 
 57.9   suitable number of ballots, which may be printed or written or 
 57.10  partly printed and partly written, in substantially the 
 57.11  following form: 
 57.12     "Shall the town board be authorized to levy and assess a 
 57.13  Town Road Drainage Tax? 
 57.14     (Yes ..) (No ..)" 
 57.15     Sec. 6.  Minnesota Statutes 2002, section 164.08, 
 57.16  subdivision 1, is amended to read: 
 57.17     Subdivision 1.  [PERMITTED ESTABLISHMENT; CONDITIONS.] The 
 57.18  town board by resolution may establish a cartway two rods wide 
 57.19  and not more than one-half mile in length upon petition 
 57.20  presented to the town board signed by at least five voters, 
 57.21  freeholders landowners of the town, requesting the cartway on a 
 57.22  section line to serve a tract or tracts of land consisting of at 
 57.23  least 150 acres of which at least 100 acres are tillable.  If 
 57.24  the petition is granted the proceedings of the town board shall 
 57.25  be in accordance with section 164.07. 
 57.26     Sec. 7.  Minnesota Statutes 2002, section 237.39, is 
 57.27  amended to read: 
 57.28     237.39 [ACQUIRING OR SELLING TELEPHONE SYSTEM.] 
 57.29     When, under the provisions of sections 237.33 to 237.40, a 
 57.30  township telephone system is established in any township in 
 57.31  which any of the inhabitants of the town are already provided 
 57.32  with telephone service furnished by any other telephone company 
 57.33  or person, the town shall, when so requested by the telephone 
 57.34  company or person, acquire from the telephone company all 
 57.35  telephone equipment used by the telephone company or person in 
 57.36  furnishing telephone service to the inhabitants of the town 
 58.1   exclusively.  For the purpose of determining the purchase price 
 58.2   of the equipment, application shall be made to the department 
 58.3   which shall determine the just compensation which the owner of 
 58.4   the telephone equipment is entitled to receive for it from the 
 58.5   town.  Before deciding upon the compensation, the department 
 58.6   shall, at a public meeting, which may be adjourned from time to 
 58.7   time, hear all interested persons of the question involved.  The 
 58.8   department shall by order fix the compensation and furnish a 
 58.9   copy of its order to the town, and to the telephone company or 
 58.10  person concerned.  An appeal may be taken to the district court 
 58.11  of the county in which the town is situated from that part of 
 58.12  the order fixing the compensation to be paid, within 30 days, by 
 58.13  either party.  The appeal shall be tried in the same manner as 
 58.14  other appeals hereunder.  If no appeal is taken, the order of 
 58.15  the department shall become final at the end of 30 days.  
 58.16     When, under the provisions of sections 237.33 to 237.40 a 
 58.17  township telephone system has been established in any town, and 
 58.18  it has been determined by the board of supervisors of the town 
 58.19  to be for the best interest of public service and all persons 
 58.20  concerned, to sell and transfer the township telephone system to 
 58.21  any telephone company or person giving service organized for 
 58.22  that purpose and qualified to purchase the system and operate 
 58.23  it, the board of supervisors may sell, transfer, and convey the 
 58.24  township telephone system upon such reasonable price and terms 
 58.25  as it may determine; provided, that there shall be presented to 
 58.26  the board of supervisors by a petition signed by at least 25 
 58.27  percent of the freeholders landowners of the town asking for the 
 58.28  sale.  If the sale and agreed sale price are approved at an 
 58.29  annual or special town meeting, it being stated in the notice of 
 58.30  the annual and special meeting that the proposition will be 
 58.31  considered at it, by 66 percent of the legal voters attending 
 58.32  the meeting.  
 58.33     If any township telephone lines are sold under the 
 58.34  provisions of sections 237.33 to 237.40, and the town has 
 58.35  previously issued bonds for their construction, and any part of 
 58.36  the bonds are then outstanding and unpaid, the entire 
 59.1   consideration received from the sale, or such part as may be 
 59.2   necessary, shall be held and applied only for the payment and 
 59.3   retirement of the bonds.  
 59.4      Sec. 8.  Minnesota Statutes 2002, section 306.32, is 
 59.5   amended to read: 
 59.6      306.32 [TRUSTEES OF FUND.] 
 59.7      The trustees shall choose by ballot and appoint by deed of 
 59.8   the association a board of at least three and not more than five 
 59.9   trustees of the fund.  They shall be resident freeholders 
 59.10  landowners of this state during all the time they exercise the 
 59.11  powers of the trust.  If any of those appointed fails to qualify 
 59.12  within 30 days after appointment, the one or more who have 
 59.13  qualified shall appoint by deed other persons to be trustees in 
 59.14  their places.  If any of those appointed fails to qualify within 
 59.15  30 days, another shall be appointed in the same manner.  Every 
 59.16  appointment to fill a vacancy must be by unanimous vote of those 
 59.17  acting.  However, instead of appointing a board, the trustees of 
 59.18  the association may designate any trust company of the state to 
 59.19  act as the trustee during a time determined by the board.  All 
 59.20  instruments of appointment of trustees must be recorded with the 
 59.21  secretary.  
 59.22     Sec. 9.  Minnesota Statutes 2002, section 344.20, is 
 59.23  amended to read: 
 59.24     344.20 [TOWN OPTION.] 
 59.25     If eight or more freeholders landowners in a town petition 
 59.26  the town board for a vote on a partition fence policy, the town 
 59.27  board may adopt its own policy and procedures for dealing with 
 59.28  partition fences, including enforcement procedures.  The policy 
 59.29  must be approved by the electors of the town at an annual or 
 59.30  special town meeting, in which case this chapter does not apply 
 59.31  in that town.  
 59.32     This chapter applies to any partition fence lying on the 
 59.33  boundary between a town which has adopted its own partition 
 59.34  fence policy and any other political subdivision unless the 
 59.35  other political subdivision is a town which has adopted a 
 59.36  similar policy. 
 60.1      Sec. 10.  Minnesota Statutes 2002, section 348.02, is 
 60.2   amended to read: 
 60.3      348.02 [CLAIM AND PROOF.] 
 60.4      The claimant shall file with the county auditor a plat 
 60.5   giving the government subdivision, and the position of the trees 
 60.6   thereon.  If the number of trees be increased, supplemental 
 60.7   plats shall be filed.  The claimant shall show ownership of the 
 60.8   land, and make oath to the planting and maintaining of the 
 60.9   trees, as prescribed in section 348.01; and the proof shall be 
 60.10  supported by the affidavit of at least two freeholders 
 60.11  landowners residing in the same town, who have personal 
 60.12  knowledge of the facts.  Such proofs shall be filed with the 
 60.13  county auditor between July 1 and July 15, of the year for which 
 60.14  compensation is claimed.  
 60.15     Sec. 11.  Minnesota Statutes 2003 Supplement, section 
 60.16  365.52, subdivision 1, is amended to read: 
 60.17     Subdivision 1.  [HOW CALLED; STATEMENT; PETITION.] A 
 60.18  special town meeting may be held to conduct any lawful 
 60.19  business.  To call a special meeting, the supervisors and town 
 60.20  clerk, or any two of them together with at least 12 other town 
 60.21  freeholders landowners, shall file a statement in the town 
 60.22  clerk's office.  The statement must tell why the meeting is 
 60.23  called, the particular business to be transacted, and that the 
 60.24  interests of the town require the meeting.  A special town 
 60.25  meeting may also be called on petition of 20 percent of the 
 60.26  electors of the town.  The percentage is of the number of voters 
 60.27  at the last general election. 
 60.28     Sec. 12.  Minnesota Statutes 2002, section 365.59, is 
 60.29  amended to read: 
 60.30     365.59 [COUNTY TO APPOINT OFFICERS IF NONE ELECTED.] 
 60.31     Subdivision 1.  [SECOND MEETING TRY.] If a town fails to 
 60.32  organize or fails to elect officers at the annual town meeting, 
 60.33  12 freeholders landowners of the town may call a town meeting 
 60.34  for these purposes.  The meeting is called by giving ten days' 
 60.35  posted notice of it.  The notice must include the time, place, 
 60.36  and purpose of the meeting. 
 61.1      Subd. 2.  [30-DAY WAIT; AFFIDAVIT.] If the notice under 
 61.2   subdivision 1 is not posted within 30 days after the date for 
 61.3   the annual town meeting, the county board shall appoint officers 
 61.4   for the town.  The officers shall hold their offices until their 
 61.5   successors qualify.  The county board shall act only after an 
 61.6   affidavit of a freeholder landowner of the town is filed with 
 61.7   the county auditor.  The affidavit must state the facts that 
 61.8   require the county board to act. 
 61.9      Sec. 13.  Minnesota Statutes 2002, section 366.17, is 
 61.10  amended to read: 
 61.11     366.17 [PLANNING AND ZONING COMMISSION.] 
 61.12     To carry out sections 366.10 to 366.18, the town board may 
 61.13  appoint a planning and zoning commission, all of whom shall be 
 61.14  freeholders landowners.  The number of commissioners shall be 
 61.15  determined by the board.  The planning and zoning commission 
 61.16  shall act as an adviser to the town board.  The commission may 
 61.17  be empowered to employ a civil engineer or city planner as 
 61.18  required to establish the districts or zones of any parts of the 
 61.19  town.  
 61.20     Sec. 14.  Minnesota Statutes 2002, section 368.85, 
 61.21  subdivision 9, is amended to read: 
 61.22     Subd. 9.  [DISSOLUTION.] A special fire protection district 
 61.23  may be dissolved in the following manner.  The town board may 
 61.24  submit the question of dissolution of a district at any annual 
 61.25  town meeting.  It must submit that question at the next annual 
 61.26  town meeting on the signed petition of electors residing in the 
 61.27  district equal in number to at least one-half of the number 
 61.28  of freeholders landowners in the district according to the tax 
 61.29  record in the county auditor's office filed with the town clerk 
 61.30  not less than 45 days before the annual meeting.  Notice that 
 61.31  the question will be submitted shall be posted by the town clerk 
 61.32  in three public places within the special district not less than 
 61.33  two weeks before the annual meeting at which it will be 
 61.34  submitted.  Only voters residing in the district shall vote on 
 61.35  the question of dissolution.  A separate ballot box shall be 
 61.36  provided for votes on the question.  The town board shall 
 62.1   provide ballots for the question of dissolution which shall be 
 62.2   in the same form as provided in subdivision 4 except that the 
 62.3   question shall be "Shall Special Fire Protection District No. 
 62.4   .....  be dissolved?".  If a majority vote of those voting on 
 62.5   the question vote in the affirmative, the district shall be 
 62.6   dissolved.  In that event the results of the election shall be 
 62.7   certified by the chair of the town board to the county auditor.  
 62.8   There shall be no further special levy for fire protection in 
 62.9   the district, but dissolution shall not relieve the property in 
 62.10  the special district from any taxes levied under this section 
 62.11  before dissolution. 
 62.12     Sec. 15.  Minnesota Statutes 2002, section 385.09, is 
 62.13  amended to read: 
 62.14     385.09 [BONDS OF DEPOSITORIES.] 
 62.15     Every bank or banker, before being designated as a 
 62.16  depository, shall deposit with the county treasurer a bond, to 
 62.17  be approved by the county board, in at least double the amount 
 62.18  to be deposited, payable to such county, and signed by not less 
 62.19  than five resident freeholders landowners as sureties; who 
 62.20  shall, in the aggregate, qualify for the full penalty named in 
 62.21  such bond.  Any county in which there is no such bank or banker 
 62.22  may be exempt from the foregoing provisions which relate to 
 62.23  depositing its funds, if in the judgment of the county board 
 62.24  such deposit would be detrimental to its interests.  In cases 
 62.25  where the bond furnished by the depository is that of a surety 
 62.26  company authorized to do business in this state, the amount of 
 62.27  such bond need not be more than the amount to be deposited in 
 62.28  such depository.  
 62.29     Sec. 16.  Minnesota Statutes 2002, section 395.14, is 
 62.30  amended to read: 
 62.31     395.14 [SEED AND FEED LOANS.] 
 62.32     Authority is granted to any county in the state to lend 
 62.33  money to residents of the county who are citizens of the United 
 62.34  States or resident aliens or who have declared their intention 
 62.35  of becoming citizens of the United States, for the purpose of 
 62.36  purchasing seed and feed for teams whenever there has been a 
 63.1   total or partial failure of crops in the county, by reason of 
 63.2   hail, flood, drought, fire, or other cause.  Qualified residents 
 63.3   must own, or hold under contract for deed, land previously under 
 63.4   cultivation and cropped and in condition capable of being 
 63.5   cropped during the ensuing year, but must be unable to procure 
 63.6   seed for planting their land and feed for their teams while 
 63.7   doing the planting and must be in imminent danger of losing 
 63.8   their property.  If not less than 25 resident freeholders 
 63.9   landowners of the county, before March first next following the 
 63.10  crop failure, present to the auditor of the county a petition 
 63.11  signed by them asking that the county lend money to residents 
 63.12  suffering by reason of the crop failure, for the purpose of 
 63.13  purchasing seed and feed, the auditor shall receive and file the 
 63.14  petition and at once call a meeting of the county board to 
 63.15  consider the petition. The county board shall, on or before the 
 63.16  second Monday in March, next following, meet and consider the 
 63.17  petition and may enter an order that the county lend, from its 
 63.18  general fund, sums as it deems necessary for the purpose; 
 63.19  however, the amount shall not, with the existing indebtedness of 
 63.20  the county, exceed the amount of indebtedness fixed by the laws 
 63.21  of this state. 
 63.22                             ARTICLE 3 
 63.23                  OBSOLETE PROPERTY TAX REFERENCES 
 63.24     Section 1.  Minnesota Statutes 2002, section 126C.48, 
 63.25  subdivision 8, is amended to read: 
 63.26     Subd. 8.  [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1) 
 63.27  Reductions in levies pursuant to sections section 126C.48, 
 63.28  subdivision 1, and 273.138, must be made prior to the reductions 
 63.29  in clause (2). 
 63.30     (2) Notwithstanding any other law to the contrary, 
 63.31  districts which received payments pursuant to sections 298.018; 
 63.32  298.225; 298.28, except an amount distributed under section 
 63.33  298.28, subdivision 4, paragraph (c), clause (ii); 298.34 to 
 63.34  298.39; 298.391 to 298.396; 298.405; and any law imposing a tax 
 63.35  upon severed mineral values; or recognized revenue under section 
 63.36  477A.15 must not include a portion of these aids in their 
 64.1   permissible levies pursuant to those sections, but instead must 
 64.2   reduce the permissible levies authorized by this chapter and 
 64.3   chapters 120B, 122A, 123A, 123B, 124A, 124D, 125A, and 127A by 
 64.4   the greater of the following: 
 64.5      (a) an amount equal to 50 percent of the total dollar 
 64.6   amount of the payments received pursuant to those sections or 
 64.7   revenue recognized under section 477A.15 in the previous fiscal 
 64.8   year; or 
 64.9      (b) an amount equal to the total dollar amount of the 
 64.10  payments received pursuant to those sections or revenue 
 64.11  recognized under section 477A.15 in the previous fiscal year 
 64.12  less the product of the same dollar amount of payments or 
 64.13  revenue times five percent. 
 64.14     For levy year 2002 only, 77 percent of the amounts 
 64.15  distributed under section 298.225 and 298.28, and 100 percent of 
 64.16  the amounts distributed under sections 298.018; 298.34 to 
 64.17  298.39; 298.391 to 298.396; 298.405; and any law imposing a tax 
 64.18  upon severed mineral values, or recognized revenue under section 
 64.19  477A.15, shall be used for purposes of the calculations under 
 64.20  this paragraph.  For levy year 2003 only, the levy reductions 
 64.21  under this subdivision must be calculated as if section 298.28, 
 64.22  subdivision 4, paragraph (f), did not apply for the 2003 
 64.23  distribution. 
 64.24     (3) The amount of any voter approved referendum, facilities 
 64.25  down payment, and debt levies shall not be reduced by more than 
 64.26  50 percent under this subdivision.  In administering this 
 64.27  paragraph, the commissioner shall first reduce the nonvoter 
 64.28  approved levies of a district; then, if any payments, severed 
 64.29  mineral value tax revenue or recognized revenue under paragraph 
 64.30  (2) remains, the commissioner shall reduce any voter approved 
 64.31  referendum levies authorized under section 126C.17; then, if any 
 64.32  payments, severed mineral value tax revenue or recognized 
 64.33  revenue under paragraph (2) remains, the commissioner shall 
 64.34  reduce any voter approved facilities down payment levies 
 64.35  authorized under section 123B.63 and then, if any payments, 
 64.36  severed mineral value tax revenue or recognized revenue under 
 65.1   paragraph (2) remains, the commissioner shall reduce any voter 
 65.2   approved debt levies.  
 65.3      (4) Before computing the reduction pursuant to this 
 65.4   subdivision of the health and safety levy authorized by sections 
 65.5   123B.57 and 126C.40, subdivision 5, the commissioner shall 
 65.6   ascertain from each affected school district the amount it 
 65.7   proposes to levy under each section or subdivision.  The 
 65.8   reduction shall be computed on the basis of the amount so 
 65.9   ascertained. 
 65.10     (5) To the extent the levy reduction calculated under 
 65.11  paragraph (2) exceeds the limitation in paragraph (3), an amount 
 65.12  equal to the excess must be distributed from the school 
 65.13  district's distribution under sections 298.225, 298.28, and 
 65.14  477A.15 in the following year to the cities and townships within 
 65.15  the school district in the proportion that their taxable net tax 
 65.16  capacity within the school district bears to the taxable net tax 
 65.17  capacity of the school district for property taxes payable in 
 65.18  the year prior to distribution.  No city or township shall 
 65.19  receive a distribution greater than its levy for taxes payable 
 65.20  in the year prior to distribution.  The commissioner of revenue 
 65.21  shall certify the distributions of cities and towns under this 
 65.22  paragraph to the county auditor by September 30 of the year 
 65.23  preceding distribution.  The county auditor shall reduce the 
 65.24  proposed and final levies of cities and towns receiving 
 65.25  distributions by the amount of their distribution.  
 65.26  Distributions to the cities and towns shall be made at the times 
 65.27  provided under section 298.27. 
 65.28     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
 65.29  127A.45, subdivision 10, is amended to read: 
 65.30     Subd. 10.  [PAYMENTS TO SCHOOL NONOPERATING FUNDS.] Each 
 65.31  fiscal year state general fund payments for a district 
 65.32  nonoperating fund must be made at 80 percent of the estimated 
 65.33  entitlement during the fiscal year of the entitlement.  This 
 65.34  amount shall be paid in 12 equal monthly installments.  The 
 65.35  amount of the actual entitlement, after adjustment for actual 
 65.36  data, minus the payments made during the fiscal year of the 
 66.1   entitlement must be paid prior to October 31 of the following 
 66.2   school year.  The commissioner may make advance payments of debt 
 66.3   service equalization aid or homestead and agricultural credit 
 66.4   aid for a district's debt service fund earlier than would occur 
 66.5   under the preceding schedule if the district submits evidence 
 66.6   showing a serious cash flow problem in the fund.  The 
 66.7   commissioner may make earlier payments during the year and, if 
 66.8   necessary, increase the percent of the entitlement paid to 
 66.9   reduce the cash flow problem. 
 66.10     Sec. 3.  Minnesota Statutes 2002, section 162.081, 
 66.11  subdivision 4, is amended to read: 
 66.12     Subd. 4.  [FORMULA FOR DISTRIBUTION TO TOWNS; PURPOSES.] 
 66.13  Money apportioned to a county from the town road account must be 
 66.14  distributed to the treasurer of each town within the county, 
 66.15  according to a distribution formula adopted by the county 
 66.16  board.  The formula must take into account each town's levy for 
 66.17  road and bridge purposes, its population and town road mileage, 
 66.18  and other factors the county board deems advisable in the 
 66.19  interests of achieving equity among the towns.  Distribution of 
 66.20  town road funds to each town treasurer must be made by March 1, 
 66.21  annually, or within 30 days after receipt of payment from the 
 66.22  commissioner.  Distribution of funds to town treasurers in a 
 66.23  county which has not adopted a distribution formula under this 
 66.24  subdivision must be made according to a formula prescribed by 
 66.25  the commissioner by rule.  A formula adopted by a county board 
 66.26  or by the commissioner must provide that a town, in order to be 
 66.27  eligible for distribution of funds from the town road account in 
 66.28  a calendar year, must have levied before the deduction of 
 66.29  homestead and agricultural credit aid certified under section 
 66.30  273.1398, subdivision 2, for taxes payable in the previous year 
 66.31  for road and bridge purposes at least 0.04835 percent of taxable 
 66.32  market value.  For purposes of this eligibility requirement, 
 66.33  taxable market value means taxable market value for taxes 
 66.34  payable two years prior to the aid distribution year.  
 66.35     Money distributed to a town under this subdivision may be 
 66.36  expended by the town only for the construction, reconstruction, 
 67.1   and gravel maintenance of town roads within the town. 
 67.2      Sec. 4.  Minnesota Statutes 2002, section 272.0212, 
 67.3   subdivision 2, is amended to read: 
 67.4      Subd. 2.  [LIMITS ON EXEMPTION.] Property in a zone is not 
 67.5   exempt under this section from the following: 
 67.6      (1) special assessments; 
 67.7      (2) ad valorem property taxes specifically levied for the 
 67.8   payment of principal and interest on debt obligations; and 
 67.9      (3) all taxes levied by a school district, except equalized 
 67.10  school referendum levies as defined in section 273.1398, 
 67.11  subdivision 1, paragraph (e) 126C.17. 
 67.12     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
 67.13  273.1392, is amended to read: 
 67.14     273.1392 [PAYMENT; SCHOOL DISTRICTS.] 
 67.15     The amounts of conservation tax credits under section 
 67.16  273.119; disaster or emergency reimbursement under section 
 67.17  273.123; attached machinery aid under section 273.138; homestead 
 67.18  and agricultural credits under section 273.1384; aids and 
 67.19  credits under section 273.1398; wetlands reimbursement under 
 67.20  section 275.295; enterprise zone property credit payments under 
 67.21  section 469.171; and metropolitan agricultural preserve 
 67.22  reduction under section 473H.10 for school districts, shall be 
 67.23  certified to the Department of Education by the Department of 
 67.24  Revenue.  The amounts so certified shall be paid according to 
 67.25  section 127A.45, subdivisions 9 and 13. 
 67.26     Sec. 6.  Minnesota Statutes 2002, section 273.1398, 
 67.27  subdivision 1, is amended to read: 
 67.28     Subdivision 1.  [DEFINITIONS.] (a) In this section, the 
 67.29  terms defined in this subdivision have the meanings given them. 
 67.30     (b) "Unique taxing jurisdiction" means the geographic area 
 67.31  subject to the same set of local tax rates. 
 67.32     (c) "Previous net tax capacity" means the product of the 
 67.33  appropriate net class rates for the year previous to the year in 
 67.34  which the aid is payable, and estimated market values for the 
 67.35  assessment two years prior to that in which aid is payable.  
 67.36  "Total previous net tax capacity" means the previous net tax 
 68.1   capacities for all property within the unique taxing 
 68.2   jurisdiction.  The total previous net tax capacity shall be 
 68.3   reduced by the sum of (1) the unique taxing jurisdiction's 
 68.4   previous net tax capacity of commercial-industrial property as 
 68.5   defined in section 473F.02, subdivision 3, or 276A.01, 
 68.6   subdivision 3, multiplied by the ratio determined pursuant to 
 68.7   section 473F.08, subdivision 6, or 276A.06, subdivision 7, for 
 68.8   the municipality, as defined in section 473F.02, subdivision 8, 
 68.9   or 276A.01, subdivision 8, in which the unique taxing 
 68.10  jurisdiction is located, (2) the previous net tax capacity of 
 68.11  the captured value of tax increment financing districts as 
 68.12  defined in section 469.177, subdivision 2, and (3) the previous 
 68.13  net tax capacity of transmission lines deducted from a local 
 68.14  government's total net tax capacity under section 273.425.  
 68.15  Previous net tax capacity cannot be less than zero. 
 68.16     (d) "Equalized market values" are market values that have 
 68.17  been equalized by dividing the assessor's estimated market value 
 68.18  for the second year prior to that in which the aid is payable by 
 68.19  the assessment sales ratios determined by class in the 
 68.20  assessment sales ratio study conducted by the Department of 
 68.21  Revenue pursuant to section 127A.48 in the second year prior to 
 68.22  that in which the aid is payable.  The equalized market values 
 68.23  shall equal the unequalized market values divided by the 
 68.24  assessment sales ratio. 
 68.25     (e) "Equalized school levies" means the amounts levied for: 
 68.26     (1) general education under section 126C.13, subdivision 2; 
 68.27     (2) supplemental revenue under section 126C.10, subdivision 
 68.28  10; 
 68.29     (3) transition revenue under section 126C.10, subdivision 
 68.30  20; and 
 68.31     (4) referendum revenue under section 126C.17. 
 68.32     (f) "Current local tax rate" means the quotient derived by 
 68.33  dividing the taxes levied within a unique taxing jurisdiction 
 68.34  for taxes payable in the year prior to that for which aids are 
 68.35  being calculated by the total previous net tax capacity of the 
 68.36  unique taxing jurisdiction.  
 69.1      (g) For purposes of calculating and allocating homestead 
 69.2   and agricultural credit aid authorized pursuant to subdivision 2 
 69.3   and the disparity reduction aid authorized in subdivision 3, 
 69.4   "gross taxes levied on all properties," "gross taxes," or "taxes 
 69.5   levied" means the total net tax capacity based taxes levied on 
 69.6   all properties except that levied on the captured value of tax 
 69.7   increment districts as defined in section 469.177, subdivision 
 69.8   2, and that levied on the portion of commercial industrial 
 69.9   properties' assessed value or gross tax capacity, as defined in 
 69.10  section 473F.02, subdivision 3, subject to the areawide tax as 
 69.11  provided in section 473F.08, subdivision 6, in a unique taxing 
 69.12  jurisdiction.  "Gross taxes" are before any reduction for 
 69.13  disparity reduction aid but "taxes levied" are after any 
 69.14  reduction for disparity reduction aid.  Gross taxes levied or 
 69.15  taxes levied cannot be less than zero.  
 69.16     "Taxes levied" excludes equalized school levies. 
 69.17     (h) "Household adjustment factor" means the number of 
 69.18  households, for the year most recently determined as of July 1 
 69.19  in the aid calculation year, divided by the number of households 
 69.20  for the year immediately preceding the year for which the number 
 69.21  of households has most recently been determined as of July 1.  
 69.22  The household adjustment factor cannot be less than one.  
 69.23     (i) "Growth adjustment factor" means the household 
 69.24  adjustment factor in the case of counties.  In the case of 
 69.25  cities, towns, school districts, and special taxing districts, 
 69.26  the growth adjustment factor equals one.  The growth adjustment 
 69.27  factor cannot be less than one.  
 69.28     (j) "Homestead and agricultural credit base" means the 
 69.29  previous year's certified homestead and agricultural credit aid 
 69.30  determined under subdivision 2 less any permanent aid reduction 
 69.31  in the previous year to homestead and agricultural credit aid.  
 69.32     (k) "Net tax capacity adjustment" means (1) the tax base 
 69.33  differential defined in subdivision 1a, multiplied by (2) the 
 69.34  unique taxing jurisdiction's current local tax rate.  The net 
 69.35  tax capacity adjustment cannot be less than zero. 
 69.36     (l) "Fiscal disparity adjustment" means a taxing 
 70.1   jurisdiction's fiscal disparity distribution levy under section 
 70.2   473F.08, subdivision 3, clause (a), or 276A.06, subdivision 3, 
 70.3   clause (a), for taxes payable in the year prior to that for 
 70.4   which aids are being calculated, multiplied by the ratio of the 
 70.5   tax base differential percent referenced in subdivision 1a for 
 70.6   the highest class rate for class 3 property for taxes payable in 
 70.7   the year prior to that for which aids are being calculated to 
 70.8   the highest class rate for class 3 property for taxes payable in 
 70.9   the second prior year to that for which aids are being 
 70.10  calculated.  In the case of school districts, the fiscal 
 70.11  disparity distribution levy shall exclude that part of the levy 
 70.12  attributable to equalized school levies. 
 70.13     Sec. 7.  Minnesota Statutes 2002, section 273.1398, 
 70.14  subdivision 2d, is amended to read: 
 70.15     Subd. 2d.  [AIDS DETERMINED AS OF JUNE 30.] For aid amounts 
 70.16  authorized under subdivisions 2 and subdivision 3, and section 
 70.17  273.166:  (i) if the effective date for a municipal 
 70.18  incorporation, consolidation, annexation, detachment, 
 70.19  dissolution, or township organization is on or before June 30 of 
 70.20  the year preceding the aid distribution year, the change in 
 70.21  boundaries or form of government shall be recognized for aid 
 70.22  determinations for the aid distribution year; (ii) if the 
 70.23  effective date for a municipal incorporation, consolidation, 
 70.24  annexation, detachment, dissolution, or township organization is 
 70.25  after June 30 of the year preceding the aid distribution year, 
 70.26  the change in boundaries or form of government shall not be 
 70.27  recognized for aid determinations until the following year. 
 70.28     Sec. 8.  Minnesota Statutes 2002, section 273.1398, 
 70.29  subdivision 3, is amended to read: 
 70.30     Subd. 3.  [DISPARITY REDUCTION AID.] (a) For taxes payable 
 70.31  in 2003 and subsequent years, the amount of disparity aid 
 70.32  certified for each taxing district within each unique taxing 
 70.33  jurisdiction for taxes payable in the prior year shall be 
 70.34  multiplied by the ratio of (1) the jurisdiction's tax capacity 
 70.35  using the class rates for taxes payable in the year for which 
 70.36  aid is being computed, to (2) its tax capacity using the class 
 71.1   rates for taxes payable in the year prior to that for which aid 
 71.2   is being computed, both based upon market values for taxes 
 71.3   payable in the year prior to that for which aid is being 
 71.4   computed.  For the purposes of this aid determination, disparity 
 71.5   reduction aid certified for taxes payable in the prior year for 
 71.6   a taxing entity other than a town or school district is deemed 
 71.7   to be county government disparity reduction aid.  The amount of 
 71.8   disparity aid certified to each taxing jurisdiction shall be 
 71.9   reduced by any reductions required in the current year or 
 71.10  permanent reductions required in previous years under section 
 71.11  477A.0132. 
 71.12     (b) For aid payable in 2003, in each unique taxing 
 71.13  jurisdiction where the total tax rate for taxes payable in 2002 
 71.14  exceeds 135 percent of taxable net tax capacity, an amount shall 
 71.15  be permanently added to the unique taxing jurisdiction's aid 
 71.16  amount under paragraph (a) equal to the lesser of:  (i) the 
 71.17  amount, if any, by which 87 percent of the aid certified for 
 71.18  2001 exceeds the amount certified for 2002, or (ii) the amount 
 71.19  that would be necessary to reduce the total payable 2002 tax 
 71.20  rate for the unique taxing jurisdiction to 135 percent of 
 71.21  taxable net tax capacity.  The amount determined under this 
 71.22  paragraph must be added before the class rate adjustment 
 71.23  described in paragraph (a). 
 71.24     Sec. 9.  Minnesota Statutes 2003 Supplement, section 
 71.25  273.1398, subdivision 4c, is amended to read: 
 71.26     Subd. 4c.  [TEMPORARY AID; COURT ADMINISTRATION COSTS.] For 
 71.27  calendar years 2004 and 2005, each county in a judicial district 
 71.28  that has not been transferred to the state by January 1 of that 
 71.29  year shall receive temporary court maintenance of effort cost 
 71.30  aid.  This amount is in addition to the amount calculated under 
 71.31  subdivision 2 and must not be included in the definition of 
 71.32  homestead and agricultural credit base under subdivision 1, 
 71.33  paragraph (j).  The amount of aid is equal to the difference 
 71.34  between (1) the amount budgeted for court administration costs 
 71.35  in 2001 as determined under subdivision 4b, paragraph (b), 
 71.36  multiplied by the maintenance of effort percent for the calendar 
 72.1   year as determined under subdivision 4b, paragraph (a), and (2) 
 72.2   the amount calculated under subdivision 4b, paragraph (a), for 
 72.3   calendar year 2003, except that the payment under this section 
 72.4   is reduced by 50 percent in the calendar year in which the 
 72.5   district is transferred to the state.  This additional aid must 
 72.6   be used only to fund court administration expenditures as 
 72.7   defined in section 480.183, subdivision 3.  This amount must be 
 72.8   added to the state court's base budget in the year when the 
 72.9   court in that judicial district in which the county is located 
 72.10  is transferred to the state. 
 72.11     Sec. 10.  Minnesota Statutes 2002, section 275.07, 
 72.12  subdivision 1, is amended to read: 
 72.13     Subdivision 1.  [CERTIFICATION OF LEVY.] (a) Except as 
 72.14  provided under paragraph (b), the taxes voted by cities, 
 72.15  counties, school districts, and special districts shall be 
 72.16  certified by the proper authorities to the county auditor on or 
 72.17  before five working days after December 20 in each year.  A town 
 72.18  must certify the levy adopted by the town board to the county 
 72.19  auditor by September 15 each year.  If the town board modifies 
 72.20  the levy at a special town meeting after September 15, the town 
 72.21  board must recertify its levy to the county auditor on or before 
 72.22  five working days after December 20.  The taxes certified shall 
 72.23  not be reduced by the county auditor by the aid received under 
 72.24  section 273.1398, subdivision 2, but shall be reduced by the 
 72.25  county auditor by the aid received under section 273.1398, 
 72.26  subdivision 3.  If a city, town, county, school district, or 
 72.27  special district fails to certify its levy by that date, its 
 72.28  levy shall be the amount levied by it for the preceding year. 
 72.29     (b)(i) The taxes voted by counties under sections 103B.241, 
 72.30  103B.245, and 103B.251 shall be separately certified by the 
 72.31  county to the county auditor on or before five working days 
 72.32  after December 20 in each year.  The taxes certified shall not 
 72.33  be reduced by the county auditor by the aid received under 
 72.34  section 273.1398, subdivisions 2 and subdivision 3.  If a county 
 72.35  fails to certify its levy by that date, its levy shall be the 
 72.36  amount levied by it for the preceding year.  
 73.1      (ii) For purposes of the proposed property tax notice under 
 73.2   section 275.065 and the property tax statement under section 
 73.3   276.04, for the first year in which the county implements the 
 73.4   provisions of this paragraph, the county auditor shall reduce 
 73.5   the county's levy for the preceding year to reflect any amount 
 73.6   levied for water management purposes under clause (i) included 
 73.7   in the county's levy. 
 73.8      Sec. 11.  Minnesota Statutes 2002, section 276.04, 
 73.9   subdivision 2, is amended to read: 
 73.10     Subd. 2.  [CONTENTS OF TAX STATEMENTS.] (a) The treasurer 
 73.11  shall provide for the printing of the tax statements.  The 
 73.12  commissioner of revenue shall prescribe the form of the property 
 73.13  tax statement and its contents.  The statement must contain a 
 73.14  tabulated statement of the dollar amount due to each taxing 
 73.15  authority and the amount of the state tax from the parcel of 
 73.16  real property for which a particular tax statement is prepared.  
 73.17  The dollar amounts attributable to the county, the state tax, 
 73.18  the voter approved school tax, the other local school tax, the 
 73.19  township or municipality, and the total of the metropolitan 
 73.20  special taxing districts as defined in section 275.065, 
 73.21  subdivision 3, paragraph (i), must be separately stated.  The 
 73.22  amounts due all other special taxing districts, if any, may be 
 73.23  aggregated.  If the county levy under this paragraph includes an 
 73.24  amount for a lake improvement district as defined under sections 
 73.25  103B.501 to 103B.581, the amount attributable for that purpose 
 73.26  must be separately stated from the remaining county levy 
 73.27  amount.  The amount of the tax on homesteads qualifying under 
 73.28  the senior citizens' property tax deferral program under chapter 
 73.29  290B is the total amount of property tax before subtraction of 
 73.30  the deferred property tax amount.  The amount of the tax on 
 73.31  contamination value imposed under sections 270.91 to 270.98, if 
 73.32  any, must also be separately stated.  The dollar amounts, 
 73.33  including the dollar amount of any special assessments, may be 
 73.34  rounded to the nearest even whole dollar.  For purposes of this 
 73.35  section whole odd-numbered dollars may be adjusted to the next 
 73.36  higher even-numbered dollar.  The amount of market value 
 74.1   excluded under section 273.11, subdivision 16, if any, must also 
 74.2   be listed on the tax statement. 
 74.3      (b) The property tax statements for manufactured homes and 
 74.4   sectional structures taxed as personal property shall contain 
 74.5   the same information that is required on the tax statements for 
 74.6   real property.  
 74.7      (c) Real and personal property tax statements must contain 
 74.8   the following information in the order given in this paragraph.  
 74.9   The information must contain the current year tax information in 
 74.10  the right column with the corresponding information for the 
 74.11  previous year in a column on the left: 
 74.12     (1) the property's estimated market value under section 
 74.13  273.11, subdivision 1; 
 74.14     (2) the property's taxable market value after reductions 
 74.15  under section 273.11, subdivisions 1a and 16; 
 74.16     (3) the property's gross tax, calculated by adding the 
 74.17  property's total property tax to the sum of the aids enumerated 
 74.18  in clause (4); 
 74.19     (4) a total of the following aids: 
 74.20     (i) education aids payable under chapters 122A, 123A, 123B, 
 74.21  124D, 125A, 126C, and 127A; 
 74.22     (ii) local government aids for cities, towns, and counties 
 74.23  under chapter 477A; and 
 74.24     (iii) disparity reduction aid under section 273.1398; and 
 74.25     (iv) homestead and agricultural credit aid under section 
 74.26  273.1398; 
 74.27     (5) for homestead residential and agricultural properties, 
 74.28  the credits under section 273.1384; 
 74.29     (6) any credits received under sections 273.119; 273.123; 
 74.30  273.135; 273.1391; 273.1398, subdivision 4; 469.171; and 
 74.31  473H.10, except that the amount of credit received under section 
 74.32  273.135 must be separately stated and identified as "taconite 
 74.33  tax relief"; and 
 74.34     (7) the net tax payable in the manner required in paragraph 
 74.35  (a). 
 74.36     (d) If the county uses envelopes for mailing property tax 
 75.1   statements and if the county agrees, a taxing district may 
 75.2   include a notice with the property tax statement notifying 
 75.3   taxpayers when the taxing district will begin its budget 
 75.4   deliberations for the current year, and encouraging taxpayers to 
 75.5   attend the hearings.  If the county allows notices to be 
 75.6   included in the envelope containing the property tax statement, 
 75.7   and if more than one taxing district relative to a given 
 75.8   property decides to include a notice with the tax statement, the 
 75.9   county treasurer or auditor must coordinate the process and may 
 75.10  combine the information on a single announcement.  
 75.11     The commissioner of revenue shall certify to the county 
 75.12  auditor the actual or estimated aids enumerated in clause (4) 
 75.13  that local governments will receive in the following year.  The 
 75.14  commissioner must certify this amount by January 1 of each year. 
 75.15     Sec. 12.  Minnesota Statutes 2003 Supplement, section 
 75.16  469.177, subdivision 9, is amended to read: 
 75.17     Subd. 9.  [DISTRIBUTIONS OF EXCESS TAXES ON CAPTURED NET 
 75.18  TAX CAPACITY.] (a) If the amount of tax paid on captured net tax 
 75.19  capacity exceeds the amount of tax increment, the county auditor 
 75.20  shall distribute the excess to the municipality, county, and 
 75.21  school district as follows:  each governmental unit's share of 
 75.22  the excess equals 
 75.23     (1) the total amount of the excess for the tax increment 
 75.24  financing district, multiplied by 
 75.25     (2) a fraction, the numerator of which is the current local 
 75.26  tax rate of the governmental unit less the governmental unit's 
 75.27  local tax rate for the year the original local tax rate for the 
 75.28  district was certified (in no case may this amount be less than 
 75.29  zero) and the denominator of which is the sum of the numerators 
 75.30  for the municipality, county, and school district. 
 75.31  If the entire increase in the local tax rate is attributable to 
 75.32  a taxing district, other than the municipality, county, or 
 75.33  school district, then the excess must be distributed to the 
 75.34  municipality, county, and school district in proportion to their 
 75.35  respective local tax rates. 
 75.36     The school district's tax rate must be divided into the 
 76.1   portion of the tax rate attributable (1) to state equalized 
 76.2   levies, and (2) unequalized levies.  As used in this 
 76.3   subdivision, "equalized levies" means the "equalized school 
 76.4   levies" which are defined in section 273.1398, subdivision 1, 
 76.5   for aids payable in the year following the year in which the 
 76.6   excess taxes on captured net tax capacity are due and payable.  
 76.7   Unequalized levies mean the rest of the school district's 
 76.8   levies.  The calculations under clause (2) must determine the 
 76.9   amount of excess taxes attributable to each portion of the 
 76.10  school district's tax rate.  If one of the portions of the 
 76.11  change in the school district tax rate is less than zero and the 
 76.12  combined change is greater than zero, the combined rate must be 
 76.13  used and all the school district's share of excess taxes 
 76.14  allocated to that portion of the tax rate. 
 76.15     (b) The amounts distributed shall be deducted in computing 
 76.16  the levy limits of the taxing district for the succeeding 
 76.17  taxable year.  In the case of a school district, only the 
 76.18  proportion of the excess taxes attributable to unequalized 
 76.19  levies that are subject to a fixed dollar amount levy limit 
 76.20  shall be deducted from the levy limit. 
 76.21     (c) In the case of distributions to a school district that 
 76.22  are attributable to state equalized levies, the county auditor 
 76.23  shall report amounts distributed to the commissioner of 
 76.24  education in the same manner as provided for excess increments 
 76.25  under section 469.176, subdivision 2, and the distribution shall 
 76.26  be deducted from the school district's state aid payments. 
 76.27     Sec. 13.  Minnesota Statutes 2003 Supplement, section 
 76.28  473.253, subdivision 1, is amended to read: 
 76.29     Subdivision 1.  [SOURCES OF FUNDS.] The council shall 
 76.30  credit to the livable communities demonstration account the 
 76.31  revenues provided in this subdivision.  This tax shall be levied 
 76.32  and collected in the manner provided by section 473.13.  The 
 76.33  levy shall not exceed the following amount for the years 
 76.34  specified:  
 76.35     (a)(1) for taxes payable in 1997 through 2003, the product 
 76.36  of (i) the property tax levy limit under this subdivision for 
 77.1   the previous year multiplied by (ii) an index for market 
 77.2   valuation changes equal to the total market valuation of all 
 77.3   taxable property located within the metropolitan area for the 
 77.4   current taxes payable year divided by the total market valuation 
 77.5   of all taxable property located in the metropolitan area for the 
 77.6   previous taxes payable year; 
 77.7      (2) for taxes payable in 2004 and 2005, $8,259,070; and 
 77.8      (3) (2) for taxes payable in 2006 and subsequent years, the 
 77.9   product of (i) the property tax levy limit under this 
 77.10  subdivision for the previous year multiplied by (ii) one plus a 
 77.11  percentage equal to the growth in the implicit price deflator as 
 77.12  defined in section 275.70, subdivision 2. 
 77.13     (b) The Metropolitan Council, for the purposes of the fund, 
 77.14  is considered a unique taxing jurisdiction for purposes of 
 77.15  receiving aid pursuant to section 273.1398.  For aid to be 
 77.16  received in 1996, the fund's homestead and agricultural credit 
 77.17  base shall equal 50 percent of the metropolitan mosquito control 
 77.18  commission's certified homestead and agricultural credit aid for 
 77.19  1995, determined under section 273.1398, subdivision 2, less any 
 77.20  permanent aid reduction under section 477A.0132.  For aid to be 
 77.21  received under section 273.1398 in 1997 and subsequent years, 
 77.22  the fund's homestead and agricultural credit base shall be 
 77.23  determined in accordance with section 273.1398, subdivision 1. 
 77.24     Sec. 14.  Minnesota Statutes 2002, section 477A.011, 
 77.25  subdivision 21, is amended to read: 
 77.26     Subd. 21.  [EQUALIZED MARKET VALUES.] "Equalized market 
 77.27  values" are equalized market values as defined in section 
 77.28  273.1398, subdivision 1 means market values that have been 
 77.29  equalized by dividing the assessor's estimated market value for 
 77.30  the second year prior to that in which the aid is payable by the 
 77.31  assessment sales ratios determined by class in the assessment 
 77.32  sales ratio study conducted by the Department of Revenue 
 77.33  pursuant to section 127A.48 in the second year prior to that in 
 77.34  which the aid is payable.  The equalized market values equal the 
 77.35  unequalized market values divided by the assessment sales ratio. 
 77.36     Sec. 15.  Minnesota Statutes 2002, section 477A.011, 
 78.1   subdivision 27, is amended to read: 
 78.2      Subd. 27.  [REVENUE BASE.] "Revenue base" means the amount 
 78.3   levied for taxes payable in the previous year, including the 
 78.4   levy on the fiscal disparity distribution under section 276A.06, 
 78.5   subdivision 3, paragraph (a), or 473F.08, subdivision 3, 
 78.6   paragraph (a), and before reduction for the homestead and 
 78.7   agricultural credit aid under section 273.1398, subdivision 2, 
 78.8   equalization aid under section 477A.013, subdivision 5, and 
 78.9   disparity reduction aid under section 273.1398, subdivision 3; 
 78.10  plus the originally certified local government aid in the 
 78.11  previous year under sections 477A.011 and 477A.013; and the 
 78.12  taconite aids received in the previous year under sections 
 78.13  298.28 and 298.282. 
 78.14     Sec. 16.  Minnesota Statutes 2002, section 477A.011, 
 78.15  subdivision 35, is amended to read: 
 78.16     Subd. 35.  [TAX EFFORT RATE.] "Tax effort rate" means the 
 78.17  sum of (1) the net levy for all cities plus (2) for aid payable 
 78.18  in 2002 only, the total aid payments to all cities under section 
 78.19  273.1398 in the previous year; divided by the sum of the city 
 78.20  net tax capacity for all cities.  For purposes of this section, 
 78.21  "net levy" means the city levy, after all adjustments, used for 
 78.22  calculating the local tax rate under section 275.08 for taxes 
 78.23  payable in the year prior to the aid distribution.  The fiscal 
 78.24  disparity distribution levy under chapter 276A or 473F is 
 78.25  included in net levy. 
 78.26     Sec. 17.  Minnesota Statutes 2002, section 477A.015, is 
 78.27  amended to read: 
 78.28     477A.015 [PAYMENT DATES.] 
 78.29     The commissioner of revenue shall make the payments of 
 78.30  local government aid to affected taxing authorities in two 
 78.31  installments on July 20 and December 26 annually.  
 78.32     When the commissioner of public safety determines that a 
 78.33  local government has suffered financial hardship due to a 
 78.34  natural disaster, the commissioner of public safety shall notify 
 78.35  the commissioner of revenue, who shall make payments of 
 78.36  homestead and agricultural credit aid under section 273.1398 and 
 79.1   aids under sections 477A.011 to 477A.014, which are otherwise 
 79.2   due on December 26, as soon as is practical after the 
 79.3   determination is made but not before July 20. 
 79.4      The commissioner may pay all or part of the payments of 
 79.5   homestead and agricultural credit aid under section 273.1398 and 
 79.6   aids under sections 477A.011 to 477A.014, which are due on 
 79.7   December 26 at any time after August 15 if a local government 
 79.8   requests such payment as being necessary for meeting its cash 
 79.9   flow needs. 
 79.10     Sec. 18.  [REPEALER.] 
 79.11     Minnesota Statutes 2002, sections 273.1398, subdivisions 1a 
 79.12  and 2e; and 275.07, subdivisions 1a and 5, are repealed.