Minnesota Legislature
HF 2577
1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
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1.3 ambiguous, and omitted text and obsolete references; 1.4 eliminating certain redundant, conflicting, and 1.5 superseded provisions; making miscellaneous technical 1.6 corrections to statutes and other laws; amending 1.7 Minnesota Statutes 2002, sections 3.971, subdivision 1.8 8;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; 13.4965, by adding a subdivision; 1.11 13.4967, by adding a subdivision; 13.7411, subdivision 1.12 5; 15.0591, subdivision 2; 18F.02, subdivision 2a; 1.13 60A.23, subdivision 5; 82.34, subdivision 15; 85.053, 1.14 subdivision 2; 89.391; 97A.055, subdivision 4; 1.15 103B.101, subdivision 10; 115B.16, subdivision 4; 1.16 115B.18, subdivision 1; 116A.11, subdivision 1; 1.17 119A.05, subdivision 1; 126C.48, subdivision 8; 1.18 162.081, subdivision 4; 163.16, subdivision 1; 1.19 163.161; 164.05, subdivision 3; 164.08, subdivision 1; 1.20 168.12, subdivision 2d; 181.953, subdivision 1; 1.21 214.03, subdivision 1; 237.39; 256D.03, subdivision 8; 1.22 260B.175, subdivision 1; 270B.01, subdivision 8; 1.23 272.0212, subdivision 2; 273.1398, subdivisions 1, 2d, 1.24 3; 275.07, subdivision 1; 276.04, subdivision 2; 1.25 290.191, subdivision 5; 290C.04; 306.32; 325F.19, 1.26 subdivision 3; 325F.69, subdivisions 1, 4; 326.10, 1.27 subdivisions 1, 7; 326.12, subdivision 2; 326.13; 1.28 326.15; 336.9-531; 344.20; 348.02; 357.021, 1.29 subdivision 5; 365.59; 366.17; 368.85, subdivision 9; 1.30 385.09; 395.14; 477A.011, subdivisions 21, 27, 35; 1.31 477A.015; 609.3452, subdivision 2; Minnesota Statutes 1.32 2003 Supplement, sections 13.4963, subdivision 2; 1.33 18G.14, subdivisions 1, 8; 37.31, subdivision 4; 1.34 62J.692, subdivision 10; 62J.694, subdivision 1; 1.35 97A.482; 115B.31, subdivision 1; 116J.966, subdivision 1.36 1; 119B.125, subdivision 2; 127A.45, subdivision 10; 1.37 144.395, subdivision 1; 192.501, subdivision 2; 1.38 216C.41, subdivision 1; 246.014; 256.954, subdivision 1.39 3; 256B.0943, subdivisions 5, 7, 9, 12, by adding a 1.40 subdivision; 270B.03, subdivision 6; 273.1392; 1.41 273.1398, subdivision 4c; 297A.668, subdivision 3; 1.42 297A.669, subdivision 16; 308B.201; 308B.311, 1.43 subdivision 6; 308B.471, subdivision 2; 308B.735, 1.44 subdivision 1; 365.52, subdivision 1; 469.177, 1.45 subdivision 9; 469.339, subdivision 2; 473.253, 1.46 subdivision 1; Laws 2003, First Special Session 2.1 chapter 11, article 2, section 21; Laws 2003, First 2.2 Special Session chapter 21, article 8, section 10; 2.3 repealing Minnesota Statutes 2002, sections 18.79, 2.4 subdivision 11; 115B.241; 273.1398, subdivisions 1a, 2.5 2e; 275.07, subdivisions 1a, 5; Laws 2001, chapter 2.6 161, section 29; Laws 2001, First Special Session 2.7 chapter 5, article 3, section 9; Laws 2002, chapter 2.8 364, section 15; Laws 2002, chapter 380, article 4, 2.9 section 1; Laws 2003, chapter 112, article 2, section 2.10 35; Laws 2003, chapter 127, article 5, section 19; 2.11 Laws 2003, chapter 127, article 7, section 1; Laws 2.12 2003, chapter 128, article 2, section 13; Laws 2003, 2.13 chapter 128, article 3, section 44; Laws 2003, First 2.14 Special Session chapter 9, article 5, section 29; 2.15 Minnesota Rules, parts 1220.0200; 1220.0300; 2.16 1220.0400; 1220.0500; 1220.0600; 1220.0700; 1220.0800; 2.17 1220.0900; 7380.0200; 7380.0210; 7380.0220; 7380.0230; 2.18 7380.0240. 2.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.20 ARTICLE 1 2.21 GENERAL 2.22 Section 1. Minnesota Statutes 2002, section 3.971, 2.23 subdivision 8, is amended to read: 2.24 Subd. 8. [BEST PRACTICES REVIEWS.] (a) The legislative 2.25 auditor shall conduct best practices reviews that examine the 2.26 procedures and practices used to deliver local government 2.27 services, determine the methods of local government service 2.28 delivery, identify variations in cost and effectiveness, and 2.29 identify practices to save money or provide more effective 2.30 service delivery. The legislative auditor shall recommend to 2.31 local governments service delivery methods and practices to 2.32 improve the cost-effectiveness of services.The legislative2.33auditor and the Board of Government Innovation and Cooperation2.34shall notify each other of projects being conducted relating to2.35improving local government services.2.36 (b) The commission shall approve local government services 2.37 to be reviewed with advice from an advisory council appointed by 2.38 the legislative auditor and consisting of: 2.39 (1) three representatives from the Association of Minnesota 2.40 Counties; 2.41 (2) three representatives from the League of Minnesota 2.42 Cities; 2.43 (3) two representatives from the Association of 2.44 Metropolitan Municipalities; 3.1 (4) one representative from the Minnesota Association of 3.2 Townships; and 3.3 (5) one representative from the Minnesota Association of 3.4 School Administrators. 3.5 Sec. 2. Minnesota Statutes 2002, section 13.07, is amended 3.6 to read: 3.7 13.07 [DUTIES OF THE COMMISSIONER.] 3.8 The commissioner shallwith the advice of the3.9Intergovernmental Information Services Advisory Council3.10 promulgate rules, in accordance with the rulemaking procedures 3.11 in the Administrative Procedure Act which shall apply to state 3.12 agencies, statewide systems and political subdivisions to 3.13 implement the enforcement and administration of this chapter. 3.14 The rules shall not affect section 13.04, relating to rights of 3.15 subjects of data. Prior to the adoption of rules authorized by 3.16 this section the commissioner shall give notice to all state 3.17 agencies and political subdivisions in the same manner and in 3.18 addition to other parties as required by section 14.06 of the 3.19 date and place of hearing, enclosing a copy of the rules to be 3.20 adopted. 3.21 Sec. 3. Minnesota Statutes 2002, section 13.461, is 3.22 amended by adding a subdivision to read: 3.23 Subd. 7a. [BACKGROUND STUDIES.] Access to and sharing of 3.24 data for human services background studies under chapter 245C 3.25 are governed by that chapter. 3.26 Sec. 4. Minnesota Statutes 2002, section 13.465, 3.27 subdivision 1, is amended to read: 3.28 Subdivision 1. [SCOPE.] The sections referred to in 3.29 subdivisions 2 to1415 are codified outside this chapter. 3.30 Those sections classify domestic relations data as other than 3.31 public, place restrictions on access to government data, or 3.32 involve data sharing. 3.33 Sec. 5. Minnesota Statutes 2002, section 13.465, is 3.34 amended by adding a subdivision to read: 3.35 Subd. 15. [GUARDIAN OR CONSERVATOR; BACKGROUND 3.36 STUDY.] Access to data for background studies required by the 4.1 court under section 524.5-118, is governed by that section. 4.2 Sec. 6. Minnesota Statutes 2002, section 13.475, 4.3 subdivision 4, is amended to read: 4.4 Subd. 4. [COMMISSIONER OF ECONOMIC SECURITYUNEMPLOYMENT; 4.5 WAGE DETAIL.] Data maintained by the commissioner of employment 4.6 and economicsecuritydevelopment pursuant to the administration 4.7 of the Minnesota Unemployment Insurance Law are classified under 4.8 and may be disseminated as provided in section 268.19, 4.9 subdivision 1. Wage and employment data gathered pursuant to 4.10 section 268.044 may be disseminated as provided in section 4.11 268.19, subdivision 1a. 4.12 Sec. 7. Minnesota Statutes 2003 Supplement, section 4.13 13.4963, subdivision 2, is amended to read: 4.14 Subd. 2. [GENERALLY.] Classification and disclosure of tax 4.15 data created, collected, or maintained by the Department of 4.16 Revenue under chapter 115B(except taxes imposed under sections4.17115B.21 to 115B.24), 289A (except for taxes imposed under 4.18 sections 298.01, 298.015, and 298.24), 290, 290A, 291, 295, 4.19 297A, or 297H, or any similar Indian tribal tax administered by 4.20 the commissioner according to a tax agreement between the state 4.21 and an Indian tribal government are governed by chapter 270B. 4.22 Sec. 8. Minnesota Statutes 2002, section 13.4965, is 4.23 amended by adding a subdivision to read: 4.24 Subd. 2a. [UNIFORM ASSESSMENT DATA.] Data on property 4.25 shared to promote uniform assessment is governed by section 4.26 273.061, subdivision 8a. 4.27 Sec. 9. Minnesota Statutes 2002, section 13.4967, is 4.28 amended by adding a subdivision to read: 4.29 Subd. 2b. [SUSTAINABLE FOREST INCENTIVE.] Data collected 4.30 under section 290C.04 are classified and may be shared as 4.31 provided in paragraph (d) of that section. 4.32 Sec. 10. Minnesota Statutes 2002, section 13.7411, 4.33 subdivision 5, is amended to read: 4.34 Subd. 5. [ENVIRONMENTAL RESPONSE AND LIABILITY.] (a) 4.35 [RESPONSIBLE PERSONS.] Certain data obtained by the Pollution 4.36 Control Agency from a person who may be responsible for a 5.1 release are classified in section 115B.17, subdivision 5. 5.2 (b)[HAZARDOUS WASTE GENERATORS.] Data exchanged between5.3the Pollution Control Agency and the Department of Revenue under5.4sections 115B.24 and 116.075, subdivision 2, are classified5.5under section 115B.24, subdivision 5.5.6(c)[HARMFUL SUBSTANCE COMPENSATION.] Access to data 5.7 collected and maintained in connection with harmful substance 5.8 compensation reimbursement is governed by sections 115B.28, 5.9 subdivision 2; and 115B.35, subdivision 2. 5.10(d)(c) [DRYCLEANERS ENVIRONMENTAL ACCOUNT.] Disclosure of 5.11 data collected under section 115B.49, subdivision 4, is governed 5.12 by chapter 270B. 5.13 Sec. 11. Minnesota Statutes 2002, section 15.0591, 5.14 subdivision 2, is amended to read: 5.15 Subd. 2. [BODIES AFFECTED.] A member meeting the 5.16 qualifications in subdivision 1 must be appointed to the 5.17 following boards, commissions, advisory councils, task forces, 5.18 or committees: 5.19 (1) Advisory Council on Battered Women and Domestic Abuse; 5.20 (2) Advisory Task Force on the Use of State Facilities; 5.21 (3) Alcohol and Other Drug Abuse Advisory Council; 5.22 (4) Board of Examiners for Nursing Home Administrators; 5.23 (5) Board on Aging; 5.24 (6) Chiropractic Examiners Board; 5.25 (7) Consumer Advisory Council on Vocational Rehabilitation; 5.26 (8) Council on Disability; 5.27 (9) Council on Affairs of Chicano/Latino People; 5.28 (10) Council on Black Minnesotans; 5.29 (11) Dentistry Board; 5.30 (12) Department of Economic Security Advisory Council; 5.31 (13) Higher Education Services Office; 5.32 (14) Housing Finance Agency; 5.33 (15) Indian Advisory Council on Chemical Dependency; 5.34 (16) Medical Practice Board; 5.35 (17) Medical Policy Directional Task Force on Mental 5.36 Health; 6.1(18) Minnesota Employment and Economic Development Task6.2Force;6.3(19)(18) Minnesota State Arts Board; 6.4(20)(19) Nursing Board; 6.5(21)(20) Optometry Board; 6.6(22)(21) Pharmacy Board; 6.7(23)(22) Board of Physical Therapy; 6.8(24)(23) Podiatry Board; 6.9(25)(24) Psychology Board;6.10(26) Veterans Advisory Committee. 6.11 Sec. 12. Minnesota Statutes 2002, section 18F.02, 6.12 subdivision 2a, is amended to read: 6.13 Subd. 2a. [AGRICULTURALLY RELATED ORGANISM.] 6.14 "Agriculturally related organism" means any organism that is 6.15 used in agricultural production or processing of agricultural 6.16 products. It includes livestock and livestock products; dairy 6.17 animals and dairy products; poultry and poultry products; 6.18 domestic fur-bearing animals; animal feeds; horticultural stock; 6.19 nursery stock, as defined in section18.46, subdivision 36.20 18G.02, subdivision 17; fruit; vegetables; forage grain; wild 6.21 rice; seeds; bees; apiary products; and products for the control 6.22 or mitigation of noxious weeds. It excludes vaccines and drugs 6.23 for use in humans; genetic engineering of human germ cells and 6.24 human somatic cells intended for use in human gene therapy; 6.25 vaccines for use in livestock, dairy animals, poultry, domestic 6.26 fur-bearing animals, or private aquatic life; genetically 6.27 engineered wild animals; and forestry products. 6.28 Sec. 13. Minnesota Statutes 2003 Supplement, section 6.29 18G.14, subdivision 1, is amended to read: 6.30 Subdivision 1. [DECLARATION OF POLICY.] The abatement or 6.31 suppression of mosquitoes is advisable and necessary for the 6.32 maintenance and improvement of the health, welfare, and 6.33 prosperity of the people. Areas where mosquitoes incubate or 6.34 hatch are declared to be public nuisances and may be abated 6.35 under this section. Mosquito abatement may be undertaken under 6.36sections 18.041 to 18.161this section anywhere in the state by 7.1 any governmental unit. 7.2 Sec. 14. Minnesota Statutes 2003 Supplement, section 7.3 18G.14, subdivision 8, is amended to read: 7.4 Subd. 8. [POWERS OF BOARD.] A mosquito abatement board and 7.5 a joint board established under this section18.131may, either 7.6 by board action or through its members, officers, agents, or 7.7 employees, as may be appropriate: 7.8 (1) enter any property within the governmental unit at 7.9 reasonable times to determine whether mosquito breeding exists; 7.10 (2) take necessary and proper steps for the abatement of 7.11 mosquitoes and other insects and arachnids, such as ticks, 7.12 mites, and spiders, as the commissioner may designate; 7.13 (3) subject to the paramount control of county and state 7.14 authorities, lagoon and clean up any stagnant pool of water and 7.15 clean up shores of lakes and streams and other mosquito breeding 7.16 places; 7.17 (4) spray with insecticides, approved by the commissioner, 7.18 areas in the governmental unit found to be breeding places for 7.19 mosquitoes or other insects or arachnids designated under clause 7.20 (2); 7.21 (5) purchase supplies and equipment and employ persons 7.22 necessary and proper for mosquito abatement; 7.23 (6) accept gifts of money or equipment to be used for 7.24 mosquito abatement; and 7.25 (7) enter into contracts necessary to accomplish mosquito 7.26 abatement. 7.27 Sec. 15. Minnesota Statutes 2003 Supplement, section 7.28 37.31, subdivision 4, is amended to read: 7.29 Subd. 4. [RESOLUTION AND TERMS OF SALE.] The bonds of the 7.30 society must be authorized by a resolution or resolutions 7.31 adopted by the society. The bonds must bear the date or dates, 7.32 mature at the time or times, bear interest at a fixed or 7.33 variable rate, including a rate varying periodically at the time 7.34 or times and on the terms determined by the society, or any 7.35 combination of fixed and variable rates, be in the 7.36 denominations, be in the form, carry the registration 8.1 privileges, be executed in the manner, be payable in lawful 8.2 money of the United States, at the place or places within or 8.3 without the state, and be subject to the terms of redemption or 8.4 purchase before maturity as the resolutions or certificates 8.5 provide. If, for any reason existing at the date of issue of 8.6 the bonds or existing at the date of making or purchasing any 8.7 loan or securities from the proceeds or after that date, the 8.8 interest on the bonds is or becomes subject to federal income 8.9 taxation, this fact does not affect the validity or the 8.10 provisions made for the security of the bonds. The society may 8.11 make covenants and take or have taken actions that are in its 8.12 judgment necessary or desirable to comply with conditions 8.13 established by federal law or regulations for the exemption of 8.14 interest on its obligations. The society may refrain from 8.15 compliance with those conditions if in its judgment this would 8.16 serve the purposes and policies set forth in this chapter with 8.17 respect to any particular issue of bonds, unless this would 8.18 violate covenants made by the society. The maximum maturity of 8.19 a bond, whether or not issued for the purpose of refunding, must 8.20 be 30 years from its date. The bonds of the society may be sold 8.21 at public or private sale, at a price or prices determined by 8.22 the society; provided that: 8.23 (1) the aggregate price at which an issue of bonds is 8.24 initially offered by underwriters to investors, as stated in the 8.25authority'ssociety's official statement with respect to the 8.26 offering, must not exceed by more than three percent the 8.27 aggregate price paid by the underwriters to the society at the 8.28 time of delivery; 8.29 (2) the commission paid by the society to an underwriter 8.30 for placing an issue of bonds with investors must not exceed 8.31 three percent of the aggregate price at which the issue is 8.32 offered to investors as stated in the society's offering 8.33 statement; and 8.34 (3) the spread or commission must be an amount determined 8.35 by the society to be reasonable in light of the risk assumed and 8.36 the expenses of issuance, if any, required to be paid by the 9.1 underwriters. 9.2 Sec. 16. Minnesota Statutes 2003 Supplement, section 9.3 62J.692, subdivision 10, is amended to read: 9.4 Subd. 10. [TRANSFERS FROM UNIVERSITY OF MINNESOTA.] Of the 9.5 funds dedicated to the Academic Health Center under section 9.6 297F.10, subdivision 1,paragraph (b),clause (1), $4,850,000 9.7 shall be transferred annually to the commissioner of health no 9.8 later than April 15 of each year for distribution under 9.9 subdivision 4, paragraph (f). 9.10 Sec. 17. Minnesota Statutes 2003 Supplement, section 9.11 62J.694, subdivision 1, is amended to read: 9.12 Subdivision 1. [CREATION; USE OF CASH RESERVES.] (a) The 9.13 medical education endowment fund is created in the state 9.14 treasury. The State Board of Investment shall invest the fund 9.15 under section 11A.24. All earnings of the fund must be credited 9.16 to the fund. The principal of the fund must be maintained 9.17 inviolate, except that the principal may be used to make 9.18 expenditures from the fund for the purposes specified in this 9.19 section when the market value of the fund falls below 105 9.20 percent of the cumulative total of the tobacco settlement 9.21 payments received by the state and credited to the tobacco 9.22 settlement fund under Minnesota Statutes 2002, section 16A.87, 9.23 subdivision 2. For purposes of this section, "principal" means 9.24 an amount equal to the cumulative total of the tobacco 9.25 settlement payments received by the state and credited to the 9.26 tobacco settlement fund under Minnesota Statutes 2002, section 9.27 16A.87, subdivision 2. 9.28 (b) If the commissioner of finance determines that probable 9.29 receipts to the general fund will be sufficient to meet the need 9.30 for expenditures from the general fund for a fiscal biennium, 9.31 after using the cash reserves of the tobacco use prevention and 9.32 local public health endowment fund, excluding an amount 9.33 sufficient to meet the annual appropriations in section 144.395, 9.34 subdivision 2, the commissioner may use cash reserves of the 9.35 medical education endowment fund, excluding the amounts needed 9.36 to meet the appropriations described in subdivisions 2 and 2a, 10.1 to pay expenses of the general fund. If cash reserves are 10.2 transferred to the general fund to meet cash flow needs, the 10.3 amount transferred, plus interest at a rate comparable to the 10.4 rate earned by the state on invested commissioner of finance 10.5 cash, as determined monthly by the commissioner, must be 10.6 returned to the endowment fund as soon as sufficient cash 10.7 balances are available in the general fund, but in any event 10.8 before the end of the fiscal biennium. An amount necessary to 10.9 pay the interest is appropriated from the general fund. If cash 10.10 reserves of the endowment fund are used to pay expenses for the 10.11 general fund, notwithstanding subdivision 2, paragraph (d), the 10.12 Academic Health Center shall be held harmless to the extent 10.13 possible. When determining the fair market value of the fund, 10.14 for the purposes described in subdivisions 2 and 2a, the value 10.15 of the cash reserves transferred to the general fund must be 10.16 included in the determination. 10.17 (c) The Academic Health Center account is created as a 10.18 separate account in the medical education endowment fund. The 10.19 account is invested under paragraph (a). All earnings of the 10.20 account must be credited to the account. The principal of the 10.21 account must be maintained inviolate, except that the principal 10.22 may be used to make expenditures from the account for the 10.23 purposes specified in subdivision 2a when the value of the 10.24 account falls below an amount equal to deposits made to the 10.25 account under Minnesota Statutes, section 16A.87, subdivision 3, 10.26 paragraph (b). 10.27 Sec. 18. Minnesota Statutes 2002, section 82.34, 10.28 subdivision 15, is amended to read: 10.29 Subd. 15. [APPROPRIATION.] Any sums received by the 10.30 commissioner pursuant to any provisions of this section shall be 10.31 deposited in the state treasury, and credited to the real estate 10.32 education, research and recovery fund, and said sums shall be 10.33 allocated exclusively for the purposes provided in this 10.34 section. All moneys in the fund are appropriated annually to 10.35 the commissioner for the purposes of this section. 10.36 All money credited to the fund under section 462A.201 may 11.1 only be used for purposes under subdivision 6, clause(g)(f). 11.2 Beginning in 1990, the commissioner must, on February 1 of each 11.3 year, review the amount of money spent or allocated for uses 11.4 under subdivision 6, clause(g)(f), for the previous calendar 11.5 year. If the amount spent or allocated is less than the amount 11.6 credited to the fund under section 462A.201 during the same 11.7 calendar year, the difference must be transferred from the fund 11.8 to the housing trust fund account established in section 11.9 462A.201. If the fund balance exceeds $4,000,000, the 11.10 commissioner may suspend the fee imposed under subdivision 3. 11.11 Sec. 19. Minnesota Statutes 2002, section 85.053, 11.12 subdivision 2, is amended to read: 11.13 Subd. 2. [REQUIREMENT.] Except as provided in section 11.14 85.054, a motor vehicle may not enter a state park, state 11.15 recreation area, or state wayside over 50 acres in area, without 11.16 a state park permit issued under this section. Except for 11.17 vehicles permitted under subdivision 7, paragraph (a), clause 11.18(3)(2), the state park permit must be affixed to the lower 11.19 right corner windshield of the motor vehicle and must be 11.20 completely affixed by its own adhesive to the windshield. 11.21 Sec. 20. Minnesota Statutes 2002, section 89.391, is 11.22 amended to read: 11.23 89.391 [NURSERY INSPECTION CERTIFICATES; LIMITATIONS ON 11.24 ISSUANCE.] 11.25 No certificate of inspection shall be issued pursuant to 11.26 section18.5118H.05 by the commissioner of agriculture to a 11.27 person who is determined by the commissioner of natural 11.28 resources to have purchased trees pursuant to sections 89.35 to 11.29 89.39 and who is selling, giving, removing, or permitting the 11.30 removal of the trees with roots attached, in violation of 11.31 section 89.38. 11.32 Sec. 21. Minnesota Statutes 2002, section 97A.055, 11.33 subdivision 4, is amended to read: 11.34 Subd. 4. [ANNUAL REPORTS.] (a) By November 15 each year, 11.35 the commissioner shall submit to the legislative committees 11.36 having jurisdiction over appropriations and the environment and 12.1 natural resources reports on each of the following: 12.2 (1) the amount of revenue from the following and purposes 12.3 for which expenditures were made: 12.4 (i) the small game license surcharge under section 97A.475, 12.5 subdivision 4; 12.6 (ii) the Minnesota migratory waterfowl stamp under section 12.7 97A.475, subdivision 5, clause (1); 12.8 (iii) the trout and salmon stamp under section 97A.475, 12.9 subdivision 10; 12.10 (iv) the pheasant stamp under section 97A.475, subdivision 12.11 5, clause (2); and 12.12 (v) the turkey stamp under section 97A.475, subdivision 5, 12.13 clause (3); 12.14 (2) the amounts available under section 97A.075, 12.15 subdivision 1, paragraphs (b) and (c), and the purposes for 12.16 which these amounts were spent; 12.17 (3) money credited to the game and fish fund under this 12.18 section and purposes for which expenditures were made from the 12.19 fund; 12.20 (4) outcome goals for the expenditures from the game and 12.21 fish fund; and 12.22 (5) summary and comments of citizen oversight committee 12.23 reviews under subdivision4a4b. 12.24 (b) The report must include the commissioner's 12.25 recommendations, if any, for changes in the laws relating to the 12.26 stamps and surcharge referenced in paragraph (a). 12.27 Sec. 22. Minnesota Statutes 2003 Supplement, section 12.28 97A.482, is amended to read: 12.29 97A.482 [LICENSE APPLICATIONS; COLLECTION OF SOCIAL 12.30 SECURITY NUMBERS.] 12.31 (a) All applicants for individual noncommercial game and 12.32 fish licenses under this chapter and chapters 97B and 97C must 12.33 include the applicant's social security number on the license 12.34 application. If an applicant does not have a Social Security 12.35 number, the applicant must certify that the applicant does not 12.36 have a Social Security number. 13.1 (b) The Social Security numbers collected by the 13.2 commissioner on game and fish license applications are private 13.3 data under section13.4913.355, subdivision 1, and must be 13.4 provided by the commissioner to the commissioner of human 13.5 services for child support enforcement purposes. Title IV-D of 13.6 the Social Security Act, United States Code, title 42, section 13.7 666(a)(13), requires the collection of Social Security numbers 13.8 on game and fish license applications for child support 13.9 enforcement purposes. 13.10 Sec. 23. Minnesota Statutes 2002, section 103B.101, 13.11 subdivision 10, is amended to read: 13.12 Subd. 10. [COMMITTEE FOR DISPUTE RESOLUTION.] A committee 13.13 of the board is established to hear and resolve disputes, 13.14 appeals, and interventions under sections 103A.301 to 103A.341; 13.15 103B.231, subdivision 9; 103B.345;and103D.535; 103D.537; and 13.16 103G.2242, subdivision 9. The committee consists of two of the 13.17 three citizen members; one county commissioner member; one soil 13.18 and water conservation district supervisor member; and one 13.19 watershed district or watershed management organization 13.20 representative member. The committee is appointed by the board 13.21 chair. 13.22 Sec. 24. Minnesota Statutes 2002, section 115B.16, 13.23 subdivision 4, is amended to read: 13.24 Subd. 4. [PENALTIES.] (a) Any person who knowingly 13.25 violates the provisions of subdivision 1 is subject to a civil 13.26 penalty in an amount determined by the court of not more than 13.27 $100,000, and shall be liable under sections 115B.04 and 115B.05 13.28 for any release or threatened release of any hazardous substance 13.29 resulting from the violation. 13.30 (b) Any person who knowingly fails to record an affidavit 13.31 as required by subdivision 2 shall be liable under sections 13.32 115B.04 and 115B.05 for any release or threatened release of any 13.33 hazardous substance from a facility located on that property. 13.34 (c) A civil penalty may be imposed and recovered by an 13.35 action brought by a county attorney or by the attorney general 13.36 in the district court of the county in which the property is 14.1 located. 14.2 (d) Any civil fines recovered under this subdivision shall 14.3 be deposited in theaccountremediation fund. 14.4 Sec. 25. Minnesota Statutes 2002, section 115B.18, 14.5 subdivision 1, is amended to read: 14.6 Subdivision 1. [CIVIL PENALTIES.] Any person responsible 14.7 for a release or threatened release from a facility of a 14.8 pollutant or contaminant which presents an imminent and 14.9 substantial danger to the public health or welfare or the 14.10 environment or for a release or threatened release of a 14.11 hazardous substance from a facility shall forfeit and pay to the 14.12 state a civil penalty in an amount to be determined by the court 14.13 of not more than $20,000 per day for each day that the person 14.14 fails to take reasonable and necessary response actions or to 14.15 make reasonable progress in completing response actions 14.16 requested as provided in subdivision 3. 14.17 The penalty provided under this subdivision may be 14.18 recovered by an action brought by the attorney general in the 14.19 name of the state in connection with an action to recover 14.20 expenses of the agency under section 115B.17, subdivision 6, or 14.21 by a separate action in the District Court of Ramsey County. 14.22 All penalties recovered under this subdivision shall be 14.23 deposited in the remediation fund. 14.24 Sec. 26. Minnesota Statutes 2003 Supplement, section 14.25 115B.31, subdivision 1, is amended to read: 14.26 Subdivision 1. [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN 14.27 CERTAIN CASES.] (a) A person who has settled a claim for an 14.28 eligible injury or eligible property damage with a responsible 14.29 person, either before or after bringing an action in court for 14.30 that injury or damage, may not file a claim with theaccount14.31 fund for the same injury or damage. A person who has received a 14.32 favorable judgment in a court action for an eligible injury or 14.33 eligible property damage may not file a claim with the fund for 14.34 the same injury or damage, unless the judgment cannot be 14.35 satisfied in whole or in part against the persons responsible 14.36 for the release of the harmful substance. A person who has 15.1 filed a claim with the agency or its predecessor, the Harmful 15.2 Substance Compensation Board, may not file another claim with 15.3 the agency for the same eligible injury or damage, unless the 15.4 claim was inactivated by the agency or board as provided in 15.5 section 115B.32, subdivision 1. 15.6 (b) A person who has filed a claim with the agency or board 15.7 for an eligible injury or damage, and who has received and 15.8 accepted an award from the agency or board, is precluded from 15.9 bringing an action in court for the same eligible injury or 15.10 damage. 15.11 (c) A person who files a claim with the agency for personal 15.12 injury or property damage must include all known claims eligible 15.13 for compensation in one proceeding before the agency. 15.14 Sec. 27. Minnesota Statutes 2003 Supplement, section 15.15 116J.966, subdivision 1, is amended to read: 15.16 Subdivision 1. [GENERALLY.] (a) The commissioner shall 15.17 promote, develop, and facilitate trade and foreign investment in 15.18 Minnesota. In furtherance of these goals, and in addition to 15.19 the powers granted by section 116J.035, the commissioner may: 15.20 (1) locate, develop, and promote international markets for 15.21 Minnesota products and services; 15.22 (2) arrange and lead trade missions to countries with 15.23 promising international markets for Minnesota goods, technology, 15.24 services, and agricultural products; 15.25 (3) promote Minnesota products and services at domestic and 15.26 international trade shows; 15.27 (4) organize, promote, and present domestic and 15.28 international trade shows featuring Minnesota products and 15.29 services; 15.30 (5) host trade delegations and assist foreign traders in 15.31 contacting appropriate Minnesota businesses and investments; 15.32 (6) develop contacts with Minnesota businesses and gather 15.33 and provide information to assist them in locating and 15.34 communicating with international trading or joint venture 15.35 counterparts; 15.36 (7) provide information, education, and counseling services 16.1 to Minnesota businesses regarding the economic, commercial, 16.2 legal, and cultural contexts of international trade; 16.3 (8) provide Minnesota businesses with international trade 16.4 leads and information about the availability and sources of 16.5 services relating to international trade, such as export 16.6 financing, licensing, freight forwarding, international 16.7 advertising, translation, and custom brokering; 16.8 (9) locate, attract, and promote foreign direct investment 16.9 and business development in Minnesota to enhance employment 16.10 opportunities in Minnesota; 16.11 (10) provide foreign businesses and investors desiring to 16.12 locate facilities in Minnesota information regarding sources of 16.13 governmental, legal, real estate, financial, and business 16.14 services; 16.15 (11) enter into contracts or other agreements with private 16.16 persons and public entities, including agreements to establish 16.17 and maintain offices and other types of representation in 16.18 foreign countries, to carry out the purposes of promoting 16.19 international trade and attracting investment from foreign 16.20 countries to Minnesota and to carry out this section, without 16.21 regard to section 16C.06; and 16.22 (12) market trade-related materials to businesses and 16.23 organizations, and the proceeds of which must be placed in a 16.24 special revolving account and are appropriated to the 16.25 commissioner to prepare and distribute trade-related materials. 16.26 (b) The programs and activities of the commissioner of 16.27 employment and economic development and the Minnesota Trade 16.28 Division may not duplicate programs and activities of the 16.29 commissioner of agricultureor the Minnesota World Trade Center. 16.30 (c) The commissioner shall notify the chairs of the senate 16.31 Finance and house Appropriations Committees of each agreement 16.32 under this subdivision to establish and maintain an office or 16.33 other type of representation in a foreign country. 16.34 Sec. 28. Minnesota Statutes 2002, section 119A.05, 16.35 subdivision 1, is amended to read: 16.36 Subdivision 1. [AUTHORITY FOR FUNDING CONSOLIDATION.] 17.1 Notwithstanding existing law governing allocation of funds by 17.2 local grantees, mode of service delivery, grantee planning and 17.3 reporting requirements, and other procedural requirements for 17.4 the grant programs identified in this section, a local grantee 17.5 may elect to consolidate all or a portion of funding received 17.6 from the programs under subdivision 5 in a collaboration funding 17.7 plan, if all conditions specified in this section are 17.8 satisfied. County boards, school boards, or governing boards of 17.9 other grantees may elect not to consolidate funding for a 17.10 program. 17.11 For grantees electing consolidation, the commissioner may,17.12with the approval of the Board of Government Innovation and17.13Cooperation,waive all provisions of rules inconsistent with the 17.14 intent of this section. This waiver authority does not apply to 17.15 rules governing client protections, due process, or inclusion of 17.16 clients, parents, cultures, and ethnicities in decision making. 17.17 Funding to a local grantee must be determined according to the 17.18 funding formulas or allocation rules governing the individual 17.19 programs listed in section 119A.04. 17.20 Sec. 29. Minnesota Statutes 2003 Supplement, section 17.21 119B.125, subdivision 2, is amended to read: 17.22 Subd. 2. [PERSONS WHO CANNOT BE AUTHORIZED.] (a) A person 17.23 who meets any of the conditions under paragraphs (b) to (n) must 17.24 not be authorized as a legal nonlicensed family child care 17.25 provider. For purposes of this subdivision, a finding that a 17.26 delinquency petition is proven in juvenile court must be 17.27 considered a conviction in state district court. 17.28 (b) The person has been convicted of one of the following 17.29 offenses or has admitted to committing or a preponderance of the 17.30 evidence indicates that the person has committed an act that 17.31 meets the definition of one of the following offenses: sections 17.32 609.185 to 609.195, murder in the first, second, or third 17.33 degree; 609.2661 to 609.2663, murder of an unborn child in the 17.34 first, second, or third degree; 609.322, solicitation, 17.35 inducement,orpromotion of prostitution; 609.323, or receiving 17.36 profit from prostitution; 609.342 to 609.345, criminal sexual 18.1 conduct in the first, second, third, or fourth degree; 609.352, 18.2 solicitation of children to engage in sexual conduct; 609.365, 18.3 incest; 609.377, felony malicious punishment of a child; 18.4 617.246, use of minors in sexual performance; 617.247, 18.5 possession of pictorial representation of a minor; 609.2242 to 18.6 609.2243, felony domestic assault; a felony offense of spousal 18.7 abuse; a felony offense of child abuse or neglect; a felony 18.8 offense of a crime against children; or an attempt or conspiracy 18.9 to commit any of these offenses as defined in Minnesota 18.10 Statutes; or an offense in any other state or country where the 18.11 elements are substantially similar to any of the offenses listed 18.12 in this paragraph. 18.13 (c) Less than 15 years have passed since the discharge of 18.14 the sentence imposed for the offense and the person has received 18.15 a felony conviction for one of the following offenses, or the 18.16 person has admitted to committing or a preponderance of the 18.17 evidence indicates that the person has committed an act that 18.18 meets the definition of a felony conviction for one of the 18.19 following offenses: sections 609.20 to 609.205, manslaughter in 18.20 the first or second degree; 609.21, criminal vehicular homicide; 18.21 609.215, aiding suicide or aiding attempted suicide; 609.221 to 18.22 609.2231, assault in the first, second, third, or fourth degree; 18.23 609.224, repeat offenses of fifth degree assault; 609.228, great 18.24 bodily harm caused by distribution of drugs; 609.2325, criminal 18.25 abuse of a vulnerable adult; 609.2335, financial exploitation of 18.26 a vulnerable adult; 609.235, use of drugs to injure or 18.27 facilitate a crime; 609.24, simple robbery; 617.241, repeat 18.28 offenses of obscene materials and performances; 609.245, 18.29 aggravated robbery; 609.25, kidnapping; 609.255, false 18.30 imprisonment; 609.2664 to 609.2665, manslaughter of an unborn 18.31 child in the first or second degree; 609.267 to 609.2672, 18.32 assault of an unborn child in the first, second, or third 18.33 degree; 609.268, injury or death of an unborn child in the 18.34 commission of a crime; 609.27, coercion; 609.275, attempt to 18.35 coerce; 609.324, subdivision 1, other prohibited acts, minor 18.36 engaged in prostitution; 609.3451, repeat offenses of criminal 19.1 sexual conduct in the fifth degree; 609.378, neglect or 19.2 endangerment of a child; 609.52, theft; 609.521, possession of 19.3 shoplifting gear; 609.561 to 609.563, arson in the first, 19.4 second, or third degree; 609.582, burglary in the first, second, 19.5 third, or fourth degree; 609.625, aggravated forgery; 609.63, 19.6 forgery; 609.631, check forgery, offering a forged check; 19.7 609.635, obtaining signature by false pretenses; 609.66, 19.8 dangerous weapon; 609.665, setting a spring gun; 609.67, 19.9 unlawfully owning, possessing, or operating a machine gun; 19.10 609.687, adulteration; 609.71, riot; 609.713, terrorist threats; 19.11 609.749, harassment, stalking;260.221260C.301,grounds for19.12 termination of parental rights; 152.021 to 152.022, controlled 19.13 substance crime in the first or second degree; 152.023, 19.14 subdivision 1, clause (3) or (4), or 152.023, subdivision 2, 19.15 clause (4), controlled substance crime in third degree; 152.024, 19.16 subdivision 1, clause (2), (3), or (4), controlled substance 19.17 crime in fourth degree; 617.23, repeat offenses of indecent 19.18 exposure; an attempt or conspiracy to commit any of these 19.19 offenses as defined in Minnesota Statutes; or an offense in any 19.20 other state or country where the elements are substantially 19.21 similar to any of the offenses listed in this paragraph. 19.22 (d) Less than ten years have passed since the discharge of 19.23 the sentence imposed for the offense and the person has received 19.24 a gross misdemeanor conviction for one of the following offenses 19.25 or the person has admitted to committing or a preponderance of 19.26 the evidence indicates that the person has committed an act that 19.27 meets the definition of a gross misdemeanor conviction for one 19.28 of the following offenses: sections 609.224, fifth degree 19.29 assault; 609.2242 to 609.2243, domestic assault; 518B.01, 19.30 subdivision 14, violation of an order for protection; 609.3451, 19.31 fifth degree criminal sexual conduct; 609.746, repeat offenses 19.32 of interference with privacy; 617.23, repeat offenses of 19.33 indecent exposure; 617.241, obscene materials and performances; 19.34 617.243, indecent literature, distribution; 617.293, 19.35 disseminating or displaying harmful material to minors; 609.71, 19.36 riot; 609.66, dangerous weapons; 609.749, harassment, stalking; 20.1 609.224, subdivision 2, paragraph (c), fifth degree assault 20.2 against a vulnerable adult by a caregiver; 609.23, mistreatment 20.3 of persons confined; 609.231, mistreatment of residents or 20.4 patients; 609.2325, criminal abuse of a vulnerable adult; 20.5 609.2335, financial exploitation of a vulnerable adult; 609.233, 20.6 criminal neglect of a vulnerable adult; 609.234, failure to 20.7 report maltreatment of a vulnerable adult; 609.72, subdivision 20.8 3, disorderly conduct against a vulnerable adult; 609.265, 20.9 abduction; 609.378, neglect or endangerment of a child; 609.377, 20.10 malicious punishment of a child; 609.324, subdivision 1a, other 20.11 prohibited acts, minor engaged in prostitution; 609.33, 20.12 disorderly house; 609.52, theft; 609.582, burglary in the first, 20.13 second, third, or fourth degree; 609.631, check forgery, 20.14 offering a forged check; 609.275, attempt to coerce; an attempt 20.15 or conspiracy to commit any of these offenses as defined in 20.16 Minnesota Statutes; or an offense in any other state or country 20.17 where the elements are substantially similar to any of the 20.18 offenses listed in this paragraph. 20.19 (e) Less than seven years have passed since the discharge 20.20 of the sentence imposed for the offense and the person has 20.21 received a misdemeanor conviction for one of the following 20.22 offenses or the person has admitted to committing or a 20.23 preponderance of the evidence indicates that the person has 20.24 committed an act that meets the definition of a misdemeanor 20.25 conviction for one of the following offenses: sections 609.224, 20.26 fifth degree assault; 609.2242, domestic assault; 518B.01, 20.27 violation of an order for protection; 609.3232, violation of an 20.28 order for protection; 609.746, interference with privacy; 20.29 609.79, obscene or harassing telephone calls; 609.795, letter, 20.30 telegram, or package opening, harassment; 617.23, indecent 20.31 exposure; 609.2672, assault of an unborn child, third degree; 20.32 617.293, dissemination and display of harmful materials to 20.33 minors; 609.66, dangerous weapons; 609.665, spring guns; an 20.34 attempt or conspiracy to commit any of these offenses as defined 20.35 in Minnesota Statutes; or an offense in any other state or 20.36 country where the elements are substantially similar to any of 21.1 the offenses listed in this paragraph. 21.2 (f) The person has been identified by the county's child 21.3 protection agency or by the statewide child protection database 21.4 as the person allegedly responsible for physical or sexual abuse 21.5 of a child within the last seven years. 21.6 (g) The person has been identified by the county's adult 21.7 protection agency or by the statewide adult protection database 21.8 as the person responsible for abuse or neglect of a vulnerable 21.9 adult within the last seven years. 21.10 (h) The person has refused to give written consent for 21.11 disclosure of criminal history records. 21.12 (i) The person has been denied a family child care license 21.13 or has received a fine or a sanction as a licensed child care 21.14 provider that has not been reversed on appeal. 21.15 (j) The person has a family child care licensing 21.16 disqualification that has not been set aside. 21.17 (k) The person has admitted or a county has found that 21.18 there is a preponderance of evidence that fraudulent information 21.19 was given to the county for application purposes or was used in 21.20 submitting bills for payment. 21.21 (l) The person has been convicted or there is a 21.22 preponderance of evidence of the crime of theft by wrongfully 21.23 obtaining public assistance. 21.24 (m) The person has a household member age 13 or older who 21.25 has access to children during the hours that care is provided 21.26 and who meets one of the conditions listed in paragraphs (b) to 21.27 (l). 21.28 (n) The person has a household member ages ten to 12 who 21.29 has access to children during the hours that care is provided; 21.30 information or circumstances exist which provide the county with 21.31 articulable suspicion that further pertinent information may 21.32 exist showing the household member meets one of the conditions 21.33 listed in paragraphs (b) to (l); and the household member 21.34 actually meets one of the conditions listed in paragraphs (b) to 21.35 (l). 21.36 Sec. 30. Minnesota Statutes 2003 Supplement, section 22.1 144.395, subdivision 1, is amended to read: 22.2 Subdivision 1. [CREATION.] (a) The tobacco use prevention 22.3 and local public health endowment fund is created in the state 22.4 treasury. The State Board of Investment shall invest the fund 22.5 under section 11A.24. All earnings of the fund must be credited 22.6 to the fund. The principal of the fund must be maintained 22.7 inviolate, except that the principal may be used to make 22.8 expenditures from the fund for the purposes specified in this 22.9 section when the market value of the fund falls below 105 22.10 percent of the cumulative total of the tobacco settlement 22.11 payments received by the state and credited to the tobacco 22.12 settlement fund under Minnesota Statutes 2002, section 16A.87, 22.13 subdivision 2. For purposes of this section, "principal" means 22.14 an amount equal to the cumulative total of the tobacco 22.15 settlement payments received by the state and credited to the 22.16 tobacco settlement fund under Minnesota Statutes 2002, section 22.17 16A.87, subdivision 2. 22.18 (b) If the commissioner of finance determines that probable 22.19 receipts to the general fund will be sufficient to meet the need 22.20 for expenditures from the general fund for a fiscal biennium, 22.21 the commissioner may use cash reserves of the tobacco use 22.22 prevention and local public health endowment fund, excluding an 22.23 amount sufficient to meet the annual appropriations in 22.24 subdivision 2, to pay expenses of the general fund. If cash 22.25 reserves are transferred to the general fund to meet cash flow 22.26 needs, the amount transferred, plus interest at a rate 22.27 comparable to the rate earned by the state on invested 22.28 commissioner of finance cash, as determined monthly by the 22.29 commissioner, must be returned to the endowment fund as soon as 22.30 sufficient cash balances are available in the general fund, but 22.31 in any event before the end of the fiscal biennium. An amount 22.32 necessary to pay the interest is appropriated from the general 22.33 fund. If cash reserves of the endowment fund are used to pay 22.34 expenses for the general fund, the recipients of the grants 22.35 shall be held harmless to the extent possible in the following 22.36 order: (1) local public health; (2) local tobacco prevention; 23.1 and (3) statewide tobacco prevention. When determining the fair 23.2 market value of the fund, for the purposes described in 23.3 subdivision 2, the value of the cash reserves transferred to the 23.4 general fund must be included in the determination. 23.5 Sec. 31. Minnesota Statutes 2002, section 168.12, 23.6 subdivision 2d, is amended to read: 23.7 Subd. 2d. [READY RESERVE; SPECIAL PLATES.] (a) The 23.8 registrar shall issue special license plates to an applicant who 23.9 is not eligible for special license plates under subdivision 2c, 23.10 who is a member of the United States Armed Forces Ready Reserve 23.11 as described in United States Code, title 10, section26810142 23.12 or 10143, and is an owner or joint owner of a passenger 23.13 automobile, van, or pickup truck, on paying a fee of $10, paying 23.14 the registration tax required by law, and complying with other 23.15 laws of this state relating to registration and licensing of 23.16 motor vehicles and drivers. The commissioner of veterans 23.17 affairs shall design these special plates subject to the 23.18 approval of the registrar. No applicant may be issued more than 23.19 two sets of plates for vehicles owned or jointly owned by the 23.20 applicant. The commissioner of veterans affairs shall estimate 23.21 the number of special plates that will be required and submit 23.22 the estimate to the registrar. 23.23 (b) Special plates issued under this subdivision may only 23.24 be used during the period that the owner or joint owner of the 23.25 vehicle is a member of the ready reserve. When the person is no 23.26 longer a member, the special plates must be removed from the 23.27 vehicle and returned to the registrar. On returning the special 23.28 plates, the owner or purchaser of the vehicle is entitled to 23.29 receive regular plates for the vehicle without cost for the rest 23.30 of the registration period for which the special plates were 23.31 issued. While the person is a member of the ready reserve, 23.32 plates issued under this subdivision may be transferred to 23.33 another motor vehicle owned or jointly owned by that person on 23.34 paying a fee of $5. 23.35 (c) The fees collected under this subdivision must be paid 23.36 into the state treasury and credited to the highway user tax 24.1 distribution fund. 24.2 (d) The registrar may adopt rules under the Administrative 24.3 Procedure Act to govern the issuance and use of the special 24.4 plates authorized by this subdivision. 24.5 Sec. 32. Minnesota Statutes 2002, section 181.953, 24.6 subdivision 1, is amended to read: 24.7 Subdivision 1. [USE OF LICENSED, ACCREDITED, OR CERTIFIED 24.8 LABORATORY REQUIRED.] (a) An employer who requests or requires 24.9 an employee or job applicant to undergo drug or alcohol testing 24.10 shall use the services of a testing laboratory that meets one of 24.11 the following criteria for drug testing: 24.12 (1) is certified by the National Institute on Drug Abuse as 24.13 meeting the mandatory guidelines published at5453 Federal 24.14 Register 11970 to 11989, April 11, 1988; 24.15 (2) is accredited by the College of American Pathologists, 24.16 325 Waukegan Road, Northfield, Illinois, 60093-2750, under the 24.17 forensic urine drug testing laboratory program; or 24.18 (3) is licensed to test for drugs by the state of New York, 24.19 Department of Health, under Public Health Law, article 5, title 24.20 V, and rules adopted under that law. 24.21 (b) For alcohol testing, the laboratory must either be: 24.22 (1) licensed to test for drugs and alcohol by the state of 24.23 New York, Department of Health, under Public Health Law, article 24.24 5, title V, and the rules adopted under that law; or 24.25 (2) accredited by the College of American Pathologists, 325 24.26 Waukegan Road, Northfield, Illinois, 60093-2750, in the 24.27 laboratory accreditation program. 24.28 Sec. 33. Minnesota Statutes 2003 Supplement, section 24.29 192.501, subdivision 2, is amended to read: 24.30 Subd. 2. [TUITION AND TEXTBOOK REIMBURSEMENT GRANT 24.31 PROGRAM.] (a) The adjutant general shall establish a program to 24.32 provide tuition and textbook reimbursement grants to eligible 24.33 members of the Minnesota National Guard within the limitations 24.34 of this subdivision. 24.35 (b) Eligibility is limited to a member of the National 24.36 Guard who: 25.1 (1) is serving satisfactorily as defined by the adjutant 25.2 general; 25.3 (2) is attending a postsecondary educational institution, 25.4 as defined by section 136A.15, subdivision 6, including a 25.5 vocational or technical school operated or regulated by this 25.6 state or another state or province; and 25.7 (3) provides proof of satisfactory completion of 25.8 coursework, as defined by the adjutant general. 25.9 In addition, if a member of the Minnesota National Guard is 25.10 killed in the line of state active service or federally funded 25.11 state active service, as defined in section 190.05, subdivisions 25.12 5a and 5b, the member's surviving spouse, and any surviving 25.13 dependent who has not yet reached 24 years of age, is eligible 25.14 for a tuition and textbook reimbursement grant. 25.15 The adjutant general may, within the limitations of this 25.16 paragraph and other applicable laws, determine additional 25.17 eligibility criteria for the grant, and must specify the 25.18 criteria in department regulations and publish changes as 25.19 necessary. 25.20 (c) The amount of a tuition and textbook reimbursement 25.21 grant must be specified on a schedule as determined and 25.22 published in department regulations by the adjutant general, but 25.23 is limited to a maximum of an amount equal to the greater of: 25.24 (1)7580 percent of the cost of tuition for lower division 25.25 programs in the College of Liberal Arts at the Twin Cities 25.26 campus of the University of Minnesota in the most recent 25.27 academic year; or 25.28 (2)5080 percent of the cost of tuition for the program in 25.29 which the person is enrolled at that Minnesota public 25.30 institution, or if that public institution is outside the state 25.31 of Minnesota, for the cost of a comparable program at the 25.32 University of Minnesota, except that in the case of a survivor 25.33 as defined in paragraph (b), the amount of the tuition and 25.34 textbook reimbursement grant for coursework satisfactorily 25.35 completed by the person is limited to 100 percent of the cost of 25.36 tuition for postsecondary courses at a Minnesota public 26.1 educational institution. 26.2 Paragraph (b) notwithstanding, a person is no longer 26.3 eligible for a grant under this subdivision once the person has 26.4 received grants under this subdivision for the equivalent of 208 26.5 quarter credits or 144 semester credits of coursework. 26.6 (d) Tuition and textbook reimbursement grants received 26.7 under this subdivision may not be considered by the Minnesota 26.8 Higher Education Services Office or by any other state board, 26.9 commission, or entity in determining a person's eligibility for 26.10 a scholarship or grant-in-aid under sections 136A.095 to 26.11 136A.1311. 26.12 (e) If a member fails to complete a term of enlistment 26.13 during which a tuition and textbook reimbursement grant was 26.14 paid, the adjutant general may seek to recoup a prorated amount 26.15 as determined by the adjutant general. 26.16 [EFFECTIVE DATE.] This section is effective retroactively 26.17 from June 30, 2003. 26.18 Sec. 34. Minnesota Statutes 2002, section 214.03, 26.19 subdivision 1, is amended to read: 26.20 Subdivision 1. [STANDARDIZED TESTS USED.] All state 26.21 examining and licensing boards, other than the State Board of 26.22 Law Examiners, thestate Board ofLawyers Professional 26.23 Responsibility Board or any other board established by the 26.24 Supreme Court to regulate the practice of law and judicial 26.25 functions, shall use national standardized tests for the 26.26 objective, nonpractical portion of any examination given to 26.27 prospective licensees to the extent that such national 26.28 standardized tests are appropriate, except when the subject 26.29 matter of the examination relates to the application of 26.30 Minnesota law to the profession or calling being licensed. 26.31 Sec. 35. Minnesota Statutes 2003 Supplement, section 26.32 216C.41, subdivision 1, is amended to read: 26.33 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 26.34 subdivision apply to this section. 26.35 (b) "Qualified hydroelectric facility" means a 26.36 hydroelectric generating facility in this state that: 27.1 (1) is located at the site of a dam, if the dam was in 27.2 existence as of March 31, 1994; and 27.3 (2) begins generating electricity after July 1, 1994, or 27.4 generates electricity after substantial refurbishing of a 27.5 facility that begins after July 1, 2001. 27.6 (c) "Qualified wind energy conversion facility" means a 27.7 wind energy conversion system in this state that: 27.8 (1) produces two megawatts or less of electricity as 27.9 measured by nameplate rating and begins generating electricity 27.10 after December 31, 1996, and before July 1, 1999; 27.11 (2) begins generating electricity after June 30, 1999, 27.12 produces two megawatts or less of electricity as measured by 27.13 nameplate rating, and is: 27.14 (i) owned by a resident of Minnesota or an entity that is 27.15 organized under the laws of this state, is not prohibited from 27.16 owning agricultural land under section 500.24, andthatowns the 27.17 land where the facility is sited; 27.18 (ii) owned by a Minnesota small business as defined in 27.19 section 645.445; 27.20 (iii) owned by a Minnesota nonprofit organization; 27.21 (iv) owned by a tribal council if the facility is located 27.22 within the boundaries of the reservation; 27.23 (v) owned by a Minnesota municipal utility or a Minnesota 27.24 cooperative electric association; or 27.25 (vi) owned by a Minnesota political subdivision or local 27.26 government, including, but not limited to, a county, statutory 27.27 or home rule charter city, town, school district, or any other 27.28 local or regional governmental organization such as a board, 27.29 commission, or association; or 27.30 (3) begins generating electricity after June 30, 1999, 27.31 produces seven megawatts or less of electricity as measured by 27.32 nameplate rating, and: 27.33 (i) is owned by a cooperative organized under chapter 308A 27.34 other than a Minnesota cooperative electric association; and 27.35 (ii) all shares and membership in the cooperative are held 27.36 by an entity that is not prohibited from owning agricultural 28.1 land under section 500.24. 28.2 (d) "Qualified on-farm biogas recovery facility" means an 28.3 anaerobic digester system that: 28.4 (1) is located at the site of an agricultural operation; 28.5 (2) is owned by an entity that is not prohibited from 28.6 owning agricultural land under section 500.24 and that owns or 28.7 rents the land where the facility is located; and 28.8 (3) begins generating electricity after July 1, 2001. 28.9 (e) "Anaerobic digester system" means a system of 28.10 components that processes animal waste based on the absence of 28.11 oxygen and produces gas used to generate electricity. 28.12 Sec. 36. Minnesota Statutes 2003 Supplement, section 28.13 246.014, is amended to read: 28.14 246.014 [SERVICES.] 28.15 The measure of services established and prescribed by 28.16 section 246.012, are: 28.17 (a) The commissioner of human services shall develop and 28.18 maintain state-operated services in a manner consistent with 28.19 sections 245.461, 245.487, and 253.28, and chapters252A252, 28.20 254A, and 254B. State-operated services shall be provided in 28.21 coordination with counties and other vendors. State-operated 28.22 services shall include regional treatment centers, specialized 28.23 inpatient or outpatient treatment programs, enterprise services, 28.24 community-based services and programs, community preparation 28.25 services, consultative services, and other services consistent 28.26 with the mission of the Department of Human Services. These 28.27 services shall include crisis beds, waivered homes, intermediate 28.28 care facilities, and day training and habilitation facilities. 28.29 The administrative structure of state-operated services must be 28.30 statewide in character. The state-operated services staff may 28.31 deliver services at any location throughout the state. 28.32 (b) The commissioner of human services shall create and 28.33 maintain forensic services programs. Forensic services shall be 28.34 provided in coordination with counties and other vendors. 28.35 Forensic services shall include specialized inpatient programs 28.36 at secure treatment facilities as defined in section 253B.02, 29.1 subdivision 18a, consultative services, aftercare services, 29.2 community-based services and programs, transition services, or 29.3 other services consistent with the mission of the Department of 29.4 Human Services. 29.5 (c) Community preparation services as identified in 29.6 paragraphs (a) and (b) are defined as specialized inpatient or 29.7 outpatient services or programs operated outside of a secure 29.8 environment but are administered by a secured treatment facility. 29.9 (d) The commissioner of human services may establish 29.10 policies and procedures which govern the operation of the 29.11 services and programs under the direct administrative authority 29.12 of the commissioner. 29.13 Sec. 37. Minnesota Statutes 2003 Supplement, section 29.14 256.954, subdivision 3, is amended to read: 29.15 Subd. 3. [DEFINITIONS.] For the purpose of this section, 29.16 the following terms have the meanings given them. 29.17 (a) "Commissioner" means the commissioner of human services. 29.18 (b) "Manufacturer" means a manufacturer as defined in 29.19 section 151.44, paragraph (c). 29.20 (c) "Covered prescription drug" means a prescription drug 29.21 as defined in section 151.44, paragraph (d), that is covered 29.22 under medical assistance as described in section 256B.0625, 29.23 subdivision 13, and that is provided by a manufacturer that has 29.24 a fully executed rebate agreement with the commissioner under 29.25 this section and complies with that agreement. 29.26 (d) "Health carrier" means an insurance company licensed 29.27 under chapter 60A to offer, sell, or issue an individual or 29.28 group policy of accident and sickness insurance as defined in 29.29 section 62A.01; a nonprofit health service plan corporation 29.30 operating under chapter 62C; a health maintenance organization 29.31 operating under chapter 62D; a joint self-insurance employee 29.32 health plan operating under chapter 62H; a community integrated 29.33 systems network licensed under chapter 62N; a fraternal benefit 29.34 society operating under chapter 64B; a city, county, school 29.35 district, or other political subdivision providing self-insured 29.36 health coverage under section461.617471.617 or sections 471.98 30.1 to 471.982; and a self-funded health plan under the Employee 30.2 Retirement Income Security Act of 1974, as amended. 30.3 (e) "Participating pharmacy" means a pharmacy as defined in 30.4 section 151.01, subdivision 2, that agrees to participate in the 30.5 prescription drug discount program. 30.6 (f) "Enrolled individual" means a person who is eligible 30.7 for the program under subdivision 4 and has enrolled in the 30.8 program according to subdivision 5. 30.9 Sec. 38. Minnesota Statutes 2003 Supplement, section 30.10 256B.0943, subdivision 5, is amended to read: 30.11 Subd. 5. [PROVIDER ENTITY ADMINISTRATIVE INFRASTRUCTURE 30.12 REQUIREMENTS.] (a) To be an eligible provider entity under this 30.13 section, a provider entity must have an administrative 30.14 infrastructure that establishes authority and accountability for 30.15 decision making and oversight of functions, including finance, 30.16 personnel, system management, clinical practice, and performance 30.17 measurement. The provider must have written policies and 30.18 procedures that it reviews and updates every three years and 30.19 distributes to staff initially and upon each subsequent update. 30.20 (b) The administrative infrastructure written policies and 30.21 procedures must include: 30.22 (1) personnel procedures, including a process for: (i) 30.23 recruiting, hiring, training, and retention of culturally and 30.24 linguistically competent providers; (ii) conducting a criminal 30.25 background check on all direct service providers and volunteers; 30.26 (iii) investigating, reporting, and acting on violations of 30.27 ethical conduct standards; (iv) investigating, reporting, and 30.28 acting on violations of data privacy policies that are compliant 30.29 with federal and state laws; (v) utilizing volunteers, including 30.30 screening applicants, training and supervising volunteers, and 30.31 providing liability coverage for volunteers; and (vi) 30.32 documenting thataeach mental health professional, mental 30.33 health practitioner, or mental health behavioral aide meets the 30.34 applicable provider qualification criteria, training criteria 30.35 under subdivision 8, and clinical supervision or direction of a 30.36 mental health behavioral aide requirements under subdivision 6; 31.1 (2) fiscal procedures, including internal fiscal control 31.2 practices and a process for collecting revenue that is compliant 31.3 with federal and state laws; 31.4 (3) if a client is receiving services from a case manager 31.5 or other provider entity, a service coordination process that 31.6 ensures services are provided in the most appropriate manner to 31.7 achieve maximum benefit to the client. The provider entity must 31.8 ensure coordination and nonduplication of services consistent 31.9 with county board coordination procedures established under 31.10 section 245.4881, subdivision 5; 31.11 (4) a performance measurement system, including monitoring 31.12 to determine cultural appropriateness of services identified in 31.13 the individual treatment plan, as determined by the client's 31.14 culture, beliefs, values, and language, and family-driven 31.15 services; and 31.16 (5) a process to establish and maintain individual client 31.17 records. The client's records must include: 31.18 (i) the client's personal information; 31.19 (ii) forms applicable to data privacy; 31.20 (iii) the client's diagnostic assessment, updates, results 31.21 of tests, individual treatment plan, and individual behavior 31.22 plan, if necessary; 31.23 (iv) documentation of service delivery as specified under 31.24 subdivision 6; 31.25 (v) telephone contacts; 31.26 (vi) discharge plan; and 31.27 (vii) if applicable, insurance information. 31.28 Sec. 39. Minnesota Statutes 2003 Supplement, section 31.29 256B.0943, subdivision 7, is amended to read: 31.30 Subd. 7. [QUALIFICATIONS OF INDIVIDUAL AND TEAM 31.31 PROVIDERS.] (a) An individual or team provider working within 31.32 the scope of the provider's practice or qualifications may 31.33 provide service components of children's therapeutic services 31.34 and supports that are identified as medically necessary in a 31.35 client's individual treatment plan. 31.36 (b) An individual providerand multidisciplinary team32.1includesmust be qualified as: 32.2 (1) a mental health professional as defined in subdivision 32.3 1, paragraph (m); or 32.4 (2) a mental health practitioner as defined in section 32.5 245.4871, subdivision 26. The mental health practitioner must 32.6 work under the clinical supervision of a mental health 32.7 professional; or 32.8 (3) a mental health behavioral aide working under the 32.9 direction of a mental health professional to implement the 32.10 rehabilitative mental health services identified in the client's 32.11 individual treatment plan. A level I mental health behavioral 32.12 aide must: 32.13 (i) be at least 18 years old; 32.14 (ii) have a high school diploma or general equivalency 32.15 diploma (GED) or two years of experience as a primary caregiver 32.16 to a child with severe emotional disturbance within the previous 32.17 ten years; and 32.18 (iii) meet preservice and continuing education requirements 32.19 under subdivision 8. A level II mental health behavioral aide 32.20 must: 32.21 (i) be at least 18 years old; 32.22 (ii) have an associate or bachelor's degree or 4,000 hours 32.23 of experience in delivering clinical services in the treatment 32.24 of mental illness concerning children or adolescents; and 32.25 (iii) meet preservice and continuing education requirements 32.26 in subdivision 8;. 32.27(4)(c) A preschool program multidisciplinary teamthat32.28includesmust include at least one mental health professional 32.29 and one or more of the following individuals under the clinical 32.30 supervision of a mental health professional: 32.31 (i) a mental health practitioner; or 32.32 (ii) a program person, including a teacher, assistant 32.33 teacher, or aide, who meets the qualifications and training 32.34 standards of a level I mental health behavioral aide; or. 32.35(5)(d) A day treatment multidisciplinary teamthat32.36includesmust include at least one mental health professional 33.1 and one mental health practitioner. 33.2 Sec. 40. Minnesota Statutes 2003 Supplement, section 33.3 256B.0943, subdivision 9, is amended to read: 33.4 Subd. 9. [SERVICE DELIVERY CRITERIA.] (a) In delivering 33.5 services under this section, a certified provider entity must 33.6 ensure that: 33.7 (1) each individual provider's caseload size permits the 33.8 provider to deliver services to both clients with severe, 33.9 complex needs and clients with less intensive needs. The 33.10 provider's caseload size should reasonably enable the provider 33.11 to play an active role in service planning, monitoring, and 33.12 delivering services to meet the client's and client's family's 33.13 needs, as specified in each client's individual treatment plan; 33.14 (2) site-based programs, including day treatment and 33.15 preschool programs, provide staffing and facilities to ensure 33.16 the client's health, safety, and protection of rights, and that 33.17 the programs are able to implement each client's individual 33.18 treatment plan; 33.19 (3) a day treatment program is provided to a group of 33.20 clients by a multidisciplinarystaffteam under the clinical 33.21 supervision of a mental health professional. The day treatment 33.22 program must be provided in and by: (i) an outpatient hospital 33.23 accredited by the Joint Commission on Accreditation of Health 33.24 Organizations and licensed under sections 144.50 to 144.55; (ii) 33.25 a community mental health center under section 245.62; and (iii) 33.26 an entity that is under contract with the county board to 33.27 operate a program that meets the requirements of sections 33.28 245.4712, subdivision 2, and 245.4884, subdivision 2, and 33.29 Minnesota Rules, parts 9505.0170 to 9505.0475. The day 33.30 treatment program must stabilize the client's mental health 33.31 status while developing and improving the client's independent 33.32 living and socialization skills. The goal of the day treatment 33.33 program must be to reduce or relieve the effects of mental 33.34 illness and provide training to enable the client to live in the 33.35 community. The program must be available at least one day a 33.36 week for a minimum three-hour time block. The three-hour time 34.1 block must include at least one hour, but no more than two 34.2 hours, of individual or group psychotherapy. The remainder of 34.3 the three-hour time block may include recreation therapy, 34.4 socialization therapy, or independent living skills therapy, but 34.5 only if the therapies are included in the client's individual 34.6 treatment plan. Day treatment programs are not part of 34.7 inpatient or residential treatment services; and 34.8 (4) a preschool program is a structured treatment program 34.9 offered to a child who is at least 33 months old, but who has 34.10 not yet reached the first day of kindergarten, by a preschool 34.11 multidisciplinary team in a day program licensed under Minnesota 34.12 Rules, parts 9503.0005 to 9503.0175. The program must be 34.13 available at least one day a week for a minimum two-hour time 34.14 block. The structured treatment program may include individual 34.15 or group psychotherapy and recreation therapy, socialization 34.16 therapy, or independent living skills therapy, if included in 34.17 the client's individual treatment plan. 34.18 (b) A provider entity must deliver the service components 34.19 of children's therapeutic services and supports in compliance 34.20 with the following requirements: 34.21 (1) individual, family, and group psychotherapy must be 34.22 delivered as specified in Minnesota Rules, part 9505.0323; 34.23 (2) individual, family, or group skills training must be 34.24 provided by a mental health professional or a mental health 34.25 practitioner who has a consulting relationship with a mental 34.26 health professional who accepts full professional responsibility 34.27 for the training; 34.28 (3) crisis assistance must beintense,time-limited,and 34.29 designed to resolve or stabilize crisis through arrangements for 34.30 direct intervention and support services to the child and the 34.31 child's family. Crisis assistance must utilize resources 34.32 designed to address abrupt or substantial changes in the 34.33 functioning of the child or the child's family as evidenced by a 34.34 sudden change in behavior with negative consequences for well 34.35 being, a loss of usual coping mechanisms, or the presentation of 34.36 danger to self or others; 35.1 (4) medically necessary services that are provided by a 35.2 mental health behavioral aide must be designed to improve the 35.3 functioning of the child and support the family in activities of 35.4 daily and community living. A mental health behavioral aide 35.5 must document the delivery of services in written progress 35.6 notes. The mental health behavioral aide must implement goals 35.7 in the treatment plan for the child's emotional disturbance that 35.8 allow the child to acquire developmentally and therapeutically 35.9 appropriate daily living skills, social skills, and leisure and 35.10 recreational skills through targeted activities. These 35.11 activities may include: 35.12 (i) assisting a child as needed with skills development in 35.13 dressing, eating, and toileting; 35.14 (ii) assisting, monitoring, and guiding the child to 35.15 complete tasks, including facilitating the child's participation 35.16 in medical appointments; 35.17 (iii) observing the child and intervening to redirect the 35.18 child's inappropriate behavior; 35.19 (iv) assisting the child in using age-appropriate 35.20 self-management skills as related to the child's emotional 35.21 disorder or mental illness, including problem solving, decision 35.22 making, communication, conflict resolution, anger management, 35.23 social skills, and recreational skills; 35.24 (v) implementing deescalation techniques as recommended by 35.25 the mental health professional; 35.26 (vi) implementing any other mental health service that the 35.27 mental health professional has approved as being within the 35.28 scope of the behavioral aide's duties; or 35.29 (vii) assisting the parents to develop and use parenting 35.30 skills that help the child achieve the goals outlined in the 35.31 child's individual treatment plan or individual behavioral 35.32 plan. Parenting skills must be directed exclusively to the 35.33 child's treatment; and 35.34 (5) direction of a mental health behavioral aide must 35.35 include the following: 35.36 (i) a total of one hour of on-site observation by a mental 36.1 health professional during the first 12 hours of service 36.2 provided to a child; 36.3 (ii) ongoing on-site observation by a mental health 36.4 professional or mental health practitioner for at least a total 36.5 of one hour during every 40 hours of service provided to a 36.6 child; and 36.7 (iii) immediate accessibility of the mental health 36.8 professional or mental health practitioner to the mental health 36.9 behavioral aide during service provision. 36.10 Sec. 41. Minnesota Statutes 2003 Supplement, section 36.11 256B.0943, subdivision 12, is amended to read: 36.12 Subd. 12. [EXCLUDED SERVICES.] The following services are 36.13 not eligible for medical assistance payment as children's 36.14 therapeutic services and supports: 36.15 (1) service components of children's therapeutic services 36.16 and supports simultaneously provided by more than one provider 36.17 entity unless prior authorization is obtained; 36.18 (2) children's therapeutic services and supports provided 36.19 in violation of medical assistance policy in Minnesota Rules, 36.20 part 9505.0220; 36.21 (3) mental health behavioral aide services provided by a 36.22 personal care assistant who is not qualified as a mental health 36.23 behavioral aide and employed by a certified children's 36.24 therapeutic services and supports provider entity; 36.25 (4) services that are the responsibility of a residential 36.26 or program license holder, including foster care providers under 36.27 the terms of a service agreement or administrative rules 36.28 governing licensure; and 36.29 (5)up to 15 hours of children's therapeutic services and36.30supports provided within a six-month period to a child with36.31severe emotional disturbance who is residing in a hospital, a36.32group home as defined in Minnesota Rules, part 9560.0520,36.33subpart 4, a residential treatment facility licensed under36.34Minnesota Rules, parts 9545.0900 to 9545.1090, a regional36.35treatment center, or other institutional group setting or who is36.36participating in a program of partial hospitalization are37.1eligible for medical assistance payment if part of the discharge37.2plan; and37.3(6)adjunctive activities that may be offered by a provider 37.4 entity but are not otherwise covered by medical assistance, 37.5 including: 37.6 (i) a service that is primarily recreation oriented or that 37.7 is provided in a setting that is not medically supervised. This 37.8 includes sports activities, exercise groups, activities such as 37.9 craft hours, leisure time, social hours, meal or snack time, 37.10 trips to community activities, and tours; 37.11 (ii) a social or educational service that does not have or 37.12 cannot reasonably be expected to have a therapeutic outcome 37.13 related to the client's emotional disturbance; 37.14 (iii) consultation with other providers or service agency 37.15 staff about the care or progress of a client; 37.16 (iv) prevention or education programs provided to the 37.17 community; and 37.18 (v) treatment for clients with primary diagnoses of alcohol 37.19 or other drug abuse. 37.20 Sec. 42. Minnesota Statutes 2003 Supplement, section 37.21 256B.0943, is amended by adding a subdivision to read: 37.22 Subd. 13. [EXCEPTION TO EXCLUDED 37.23 SERVICES.] Notwithstanding subdivision 12, up to 15 hours of 37.24 children's therapeutic services and supports provided within a 37.25 six-month period to a child with severe emotional disturbance 37.26 who is residing in a hospital; a group home as defined in 37.27 Minnesota Rules, part 9560.0520, subpart 4; a residential 37.28 treatment facility licensed under Minnesota Rules, parts 37.29 9545.0900 to 9545.1090; a regional treatment center; or other 37.30 institutional group setting or who is participating in a program 37.31 of partial hospitalization are eligible for medical assistance 37.32 payment if part of the discharge plan. 37.33 Sec. 43. Minnesota Statutes 2002, section 256D.03, 37.34 subdivision 8, is amended to read: 37.35 Subd. 8. [PRIVATE INSURANCE POLICIES.] (a) Private 37.36 accident and health care coverage for medical services is 38.1 primary coverage and must be exhausted before general assistance 38.2 medical care is paid. When a person who is otherwise eligible 38.3 for general assistance medical care has private accident or 38.4 health care coverage, including a prepaid health plan, the 38.5 private health care benefits available to the person must be 38.6 used first and to the fullest extent. General assistance 38.7 medical care payment will not be made when either covered 38.8 charges are paid in full by a third party or the provider has an 38.9 agreement to accept payment for less than charges as payment in 38.10 full. Payment for patients that are simultaneously covered by 38.11 general assistance medical care and a liable third party other 38.12 than Medicare will be determined as the lesser of clauses (1) to 38.13 (3): 38.14 (1) the patient liability according to the provider/insurer 38.15 agreement; 38.16 (2) covered charges minus the third party payment amount; 38.17 or 38.18 (3) the general assistance medical care rate minus the 38.19 third party payment amount. 38.20 A negative difference will not be implemented. 38.21 (b) When a parent or a person with an obligation of support 38.22 has enrolled in a prepaid health care plan under section 38.23 518.171, subdivision 1, the commissioner of human services shall 38.24 limit the recipient of general assistance medical care to the 38.25 benefits payable under that prepaid health care plan to the 38.26 extent that services available under general assistance medical 38.27 care are also available under the prepaid health care plan. 38.28 (c) Upon furnishing general assistance medical care or 38.29 general assistance to any person having private accident or 38.30 health care coverage, or having a cause of action arising out of 38.31 an occurrence that necessitated the payment of assistance, the 38.32 state agency shall be subrogated, to the extent of the cost of 38.33 medical care, subsistence, or other payments furnished, to any 38.34 rights the person may have under the terms of the coverage or 38.35 under the cause of action. For purposes of this subdivision, 38.36 "state agency" includes prepaid health plans under contract with 39.1 the commissioner according to subdivision 4, paragraph (c), and 39.2 sections 256B.69, 256D.03, subdivision 4, paragraph (d),and 39.3 256L.12; children's mental health collaboratives under section 39.4 245.493; demonstration projects for persons with disabilities 39.5 under section 256B.77; nursing homes under the alternative 39.6 payment demonstration project under section 256B.434; and 39.7 county-based purchasing entities under section 256B.692. 39.8 This right of subrogation includes all portions of the 39.9 cause of action, notwithstanding any settlement allocation or 39.10 apportionment that purports to dispose of portions of the cause 39.11 of action not subject to subrogation. 39.12 (d) To recover under this section, the attorney general may 39.13 institute or join a civil action to enforce the subrogation 39.14 rights the commissioner established under this section. 39.15 Any prepaid health plan providing services under 39.16 subdivision 4, paragraph (c), and sections 256B.69, 256D.03,39.17subdivision 4, paragraph (d),and 256L.12; children's mental 39.18 health collaboratives under section 245.493; demonstration 39.19 projects for persons with disabilities under section 256B.77; 39.20 nursing homes under the alternative payment demonstration 39.21 project under section 256B.434; or the county-based purchasing 39.22 entity providing services under section 256B.692 may retain 39.23 legal representation to enforce the subrogation rights created 39.24 under this section or, if no action has been brought, may 39.25 initiate and prosecute an independent action on their behalf 39.26 against a person, firm, or corporation that may be liable to the 39.27 person to whom the care or payment was furnished. 39.28 (e) The state agency must be given notice of monetary 39.29 claims against a person, firm, or corporation that may be liable 39.30 in damages, or otherwise obligated to pay part or all of the 39.31 costs related to an injury when the state agency has paid or 39.32 become liable for the cost of care or payments related to the 39.33 injury. Notice must be given as follows: 39.34 (i) Applicants for general assistance or general assistance 39.35 medical care shall notify the state or county agency of any 39.36 possible claims when they submit the application. Recipients of 40.1 general assistance or general assistance medical care shall 40.2 notify the state or county agency of any possible claims when 40.3 those claims arise. 40.4 (ii) A person providing medical care services to a 40.5 recipient of general assistance medical care shall notify the 40.6 state agency when the person has reason to believe that a third 40.7 party may be liable for payment of the cost of medical care. 40.8 (iii) A person who is party to a claim upon which the state 40.9 agency may be entitled to subrogation under this section shall 40.10 notify the state agency of its potential subrogation claim 40.11 before filing a claim, commencing an action, or negotiating a 40.12 settlement. A person who is a party to a claim includes the 40.13 plaintiff, the defendants, and any other party to the cause of 40.14 action. 40.15 Notice given to the county agency is not sufficient to meet 40.16 the requirements of paragraphs (b) and (c). 40.17 (f) Upon any judgment, award, or settlement of a cause of 40.18 action, or any part of it, upon which the state agency has a 40.19 subrogation right, including compensation for liquidated, 40.20 unliquidated, or other damages, reasonable costs of collection, 40.21 including attorney fees, must be deducted first. The full 40.22 amount of general assistance or general assistance medical care 40.23 paid to or on behalf of the person as a result of the injury 40.24 must be deducted next and paid to the state agency. The rest 40.25 must be paid to the public assistance recipient or other 40.26 plaintiff. The plaintiff, however, must receive at least 40.27 one-third of the net recovery after attorney fees and collection 40.28 costs. 40.29 Sec. 44. Minnesota Statutes 2002, section 260B.175, 40.30 subdivision 1, is amended to read: 40.31 Subdivision 1. [IMMEDIATE CUSTODY.] No child may be taken 40.32 into immediate custody except: 40.33 (a) With an order issued by the court in accordance with 40.34 the provisions of section260B.151, subdivision 5260C.151, 40.35 subdivision 6, or Laws 1997, chapter 239, article 10, section 40.36 10, paragraph (a), clause (3), or 12, paragraph (a), clause (3), 41.1 or by a warrant issued in accordance with the provisions of 41.2 section 260B.154; 41.3 (b) In accordance with the laws relating to arrests; or 41.4 (c) By a peace officer or probation or parole officer when 41.5 it is reasonably believed that the child has violated the terms 41.6 of probation, parole, or other field supervision. 41.7 Sec. 45. Minnesota Statutes 2002, section 270B.01, 41.8 subdivision 8, is amended to read: 41.9 Subd. 8. [MINNESOTA TAX LAWS.] For purposes of this 41.10 chapter only, unless expressly stated otherwise, "Minnesota tax 41.11 laws" means the taxes, refunds, and fees administered by or paid 41.12 to the commissioner under chapters 115B(except taxes imposed41.13under sections 115B.21 to 115B.24), 289A (except taxes imposed 41.14 under sections 298.01, 298.015, and 298.24), 290, 290A, 291, 41.15 295, 297A, and 297H, or any similar Indian tribal tax 41.16 administered by the commissioner pursuant to any tax agreement 41.17 between the state and the Indian tribal government, and includes 41.18 any laws for the assessment, collection, and enforcement of 41.19 those taxes, refunds, and fees. 41.20 Sec. 46. Minnesota Statutes 2003 Supplement, section 41.21 270B.03, subdivision 6, is amended to read: 41.22 Subd. 6. [INVESTIGATIVE DATA.] For purposes of any law 41.23 administered by the Department of Revenue, including laws not 41.24 listed in section 270B.01, subdivision 8, investigative data 41.25 collected or created by the Department of Revenue in order to 41.26 prepare a case against a person, whether known or unknown, for 41.27 the commission of a crime is confidential data on individuals or 41.28 protected nonpublic data, as defined in section 13.02, 41.29 subdivisions 3 and 13, during an investigation. When the 41.30 investigation becomes inactive, as defined in section 13.82, 41.31 subdivision 7, the data is private data on individuals or 41.32 nonpublic data, as defined in section 13.02, subdivisions 9 and 41.33 12. 41.34 Sec. 47. Minnesota Statutes 2002, section 290.191, 41.35 subdivision 5, is amended to read: 41.36 Subd. 5. [DETERMINATION OF SALES FACTOR.] For purposes of 42.1 this section, the following rules apply in determining the sales 42.2 factor. 42.3 (a) The sales factor includes all sales, gross earnings, or 42.4 receipts received in the ordinary course of the business, except 42.5 that the following types of income are not included in the sales 42.6 factor: 42.7 (1) interest; 42.8 (2) dividends; 42.9 (3) sales of capital assets as defined in section 1221 of 42.10 the Internal Revenue Code; 42.11 (4) sales of property used in the trade or business, except 42.12 sales of leased property of a type which is regularly sold as 42.13 well as leased; 42.14 (5) sales of debt instruments as defined in section 42.15 1275(a)(1) of the Internal Revenue Code or sales of stock; and 42.16 (6) royalties, fees, or other like income of a type which 42.17 qualify for a subtraction from federal taxable income under 42.18 section 290.01, subdivision19(d)(11)19d(10). 42.19 (b) Sales of tangible personal property are made within 42.20 this state if the property is received by a purchaser at a point 42.21 within this state, and the taxpayer is taxable in this state, 42.22 regardless of the f.o.b. point, other conditions of the sale, or 42.23 the ultimate destination of the property. 42.24 (c) Tangible personal property delivered to a common or 42.25 contract carrier or foreign vessel for delivery to a purchaser 42.26 in another state or nation is a sale in that state or nation, 42.27 regardless of f.o.b. point or other conditions of the sale. 42.28 (d) Notwithstanding paragraphs (b) and (c), when 42.29 intoxicating liquor, wine, fermented malt beverages, cigarettes, 42.30 or tobacco products are sold to a purchaser who is licensed by a 42.31 state or political subdivision to resell this property only 42.32 within the state of ultimate destination, the sale is made in 42.33 that state. 42.34 (e) Sales made by or through a corporation that is 42.35 qualified as a domestic international sales corporation under 42.36 section 992 of the Internal Revenue Code are not considered to 43.1 have been made within this state. 43.2 (f) Sales, rents, royalties, and other income in connection 43.3 with real property is attributed to the state in which the 43.4 property is located. 43.5 (g) Receipts from the lease or rental of tangible personal 43.6 property, including finance leases and true leases, must be 43.7 attributed to this state if the property is located in this 43.8 state and to other states if the property is not located in this 43.9 state. Receipts from the lease or rental of moving property 43.10 including, but not limited to, motor vehicles, rolling stock, 43.11 aircraft, vessels, or mobile equipment are included in the 43.12 numerator of the receipts factor to the extent that the property 43.13 is used in this state. The extent of the use of moving property 43.14 is determined as follows: 43.15 (1) A motor vehicle is used wholly in the state in which it 43.16 is registered. 43.17 (2) The extent that rolling stock is used in this state is 43.18 determined by multiplying the receipts from the lease or rental 43.19 of the rolling stock by a fraction, the numerator of which is 43.20 the miles traveled within this state by the leased or rented 43.21 rolling stock and the denominator of which is the total miles 43.22 traveled by the leased or rented rolling stock. 43.23 (3) The extent that an aircraft is used in this state is 43.24 determined by multiplying the receipts from the lease or rental 43.25 of the aircraft by a fraction, the numerator of which is the 43.26 number of landings of the aircraft in this state and the 43.27 denominator of which is the total number of landings of the 43.28 aircraft. 43.29 (4) The extent that a vessel, mobile equipment, or other 43.30 mobile property is used in the state is determined by 43.31 multiplying the receipts from the lease or rental of the 43.32 property by a fraction, the numerator of which is the number of 43.33 days during the taxable year the property was in this state and 43.34 the denominator of which is the total days in the taxable year. 43.35 (h) Royalties and other income not described in paragraph 43.36 (a), clause (6), received for the use of or for the privilege of 44.1 using intangible property, including patents, know-how, 44.2 formulas, designs, processes, patterns, copyrights, trade names, 44.3 service names, franchises, licenses, contracts, customer lists, 44.4 or similar items, must be attributed to the state in which the 44.5 property is used by the purchaser. If the property is used in 44.6 more than one state, the royalties or other income must be 44.7 apportioned to this state pro rata according to the portion of 44.8 use in this state. If the portion of use in this state cannot 44.9 be determined, the royalties or other income must be excluded 44.10 from both the numerator and the denominator. Intangible 44.11 property is used in this state if the purchaser uses the 44.12 intangible property or the rights therein in the regular course 44.13 of its business operations in this state, regardless of the 44.14 location of the purchaser's customers. 44.15 (i) Sales of intangible property are made within the state 44.16 in which the property is used by the purchaser. If the property 44.17 is used in more than one state, the sales must be apportioned to 44.18 this state pro rata according to the portion of use in this 44.19 state. If the portion of use in this state cannot be 44.20 determined, the sale must be excluded from both the numerator 44.21 and the denominator of the sales factor. Intangible property is 44.22 used in this state if the purchaser used the intangible property 44.23 in the regular course of its business operations in this state. 44.24 (j) Receipts from the performance of services must be 44.25 attributed to the state where the services are received. For 44.26 the purposes of this section, receipts from the performance of 44.27 services provided to a corporation, partnership, or trust may 44.28 only be attributed to a state where it has a fixed place of 44.29 doing business. If the state where the services are received is 44.30 not readily determinable or is a state where the corporation, 44.31 partnership, or trust receiving the service does not have a 44.32 fixed place of doing business, the services shall be deemed to 44.33 be received at the location of the office of the customer from 44.34 which the services were ordered in the regular course of the 44.35 customer's trade or business. If the ordering office cannot be 44.36 determined, the services shall be deemed to be received at the 45.1 office of the customer to which the services are billed. 45.2 Sec. 48. Minnesota Statutes 2002, section 290C.04, is 45.3 amended to read: 45.4 290C.04 [APPLICATIONS.] 45.5 (a) A landowner may apply to enroll forest land for the 45.6 sustainable forest incentive program under this chapter. The 45.7 claimant must complete, sign, and submit an application to the 45.8 commissioner by September 30 in order for the land to become 45.9 eligible beginning in the next year. The application shall be 45.10 on a form prescribed by the commissioner and must include the 45.11 information the commissioner deems necessary. At a minimum, the 45.12 application must show the following information for the land and 45.13 the claimant: (i) the claimant's Social Security number or 45.14 state or federal business tax registration number and date of 45.15 birth, (ii) the claimant's address, (iii) the claimant's 45.16 signature, (iv) the county's parcel identification numbers for 45.17 the tax parcels that completely contain the claimant's forest 45.18 land that is sought to be enrolled, (v) the number of acres 45.19 eligible for enrollment in the program, (vi) the approved plan 45.20 writer's signature and identification number, and (vii) proof, 45.21 in a form specified by the commissioner, that the claimant has 45.22 executed and acknowledged in the manner required by law for a 45.23 deed, and recorded, a covenant that the land is not and shall 45.24 not be developed in a manner inconsistent with the requirements 45.25 and conditions of this chapter. The covenant shall state in 45.26 writing that the covenant is binding on the claimant and the 45.27 claimant's successor or assignee, and that it runs with the land 45.28 for a period of not less than eight years. The commissioner 45.29 shall specify the form of the covenant and provide copies upon 45.30 request. The covenant must include a legal description that 45.31 encompasses all the forest land that the claimant wishes to 45.32 enroll under this section or the certificate of title number for 45.33 that land if it is registered land. 45.34 (b) In all cases, the commissioner shall notify the 45.35 claimant within 90 days after receipt of a completed application 45.36 that either the land has or has not been approved for enrollment. 46.1 A claimant whose application is denied may appeal the denial as 46.2 provided in section 290C.11, paragraph (a). 46.3 (c) Within 90 days after the denial of an application, or 46.4 within 90 days after the final resolution of any appeal related 46.5 to the denial, the commissioner shall execute and acknowledge a 46.6 document releasing the land from the covenant required under 46.7 this chapter. The document must be mailed to the claimant and 46.8 is entitled to be recorded. 46.9 (d) The Social Security numbers collected from individuals 46.10 under this section are private data as provided in section13.4946.11 13.355. The state or federal business tax registration number 46.12 and date of birth data collected under this section are also 46.13 private data on individuals or nonpublic data, as defined in 46.14 section 13.02, subdivisions 9 and 12, but may be shared with 46.15 county assessors for purposes of tax administration and with 46.16 county treasurers for purposes of the revenue recapture under 46.17 chapter 270A. 46.18 Sec. 49. Minnesota Statutes 2003 Supplement, section 46.19 297A.668, subdivision 3, is amended to read: 46.20 Subd. 3. [LEASE OR RENTAL OF TANGIBLE PERSONAL PROPERTY.] 46.21 The lease or rental of tangible personal property, other than 46.22 property identified in subdivision 4 or 5, shall be sourced as 46.23 required in paragraphs (a) to (c). 46.24 (a) For a lease or rental that requires recurring periodic 46.25 payments, the first periodic payment is sourced the same as a 46.26 retail sale in accordance with the provisions of subdivision62. 46.27 Periodic payments made subsequent to the first payment are 46.28 sourced to the primary property location for each period covered 46.29 by the payment. The primary property location must be as 46.30 indicated by an address for the property provided by the lessee 46.31 that is available to the lessor from its records maintained in 46.32 the ordinary course of business, when use of this address does 46.33 not constitute bad faith. The property location must not be 46.34 altered by intermittent use at different locations, such as use 46.35 of business property that accompanies employees on business 46.36 trips and service calls. 47.1 (b) For a lease or rental that does not require recurring 47.2 periodic payments, the payment is sourced the same as a retail 47.3 sale in accordance with the provisions of subdivision 2. 47.4 (c) This subdivision does not affect the imposition or 47.5 computation of sales or use tax on leases or rentals based on a 47.6 lump sum or accelerated basis, or on the acquisition of property 47.7 for lease. 47.8 [EFFECTIVE DATE.] This section is effective for sales and 47.9 purchases made on or after January 1, 2004. 47.10 Sec. 50. Minnesota Statutes 2003 Supplement, section 47.11 297A.669, subdivision 16, is amended to read: 47.12 Subd. 16. [SERVICE ADDRESS.] "Service address," for 47.13 purposes of this section, means: 47.14 (1) the location of the telecommunications equipment to 47.15 which a customer's call is charged and from which the call 47.16 originates or terminates, regardless of where the call is billed 47.17 or paid; 47.18 (2) if the location inparagraph (a)clause (1) is not 47.19 known, service address means the origination point of the signal 47.20 of the telecommunications services first identified by either 47.21 the seller's telecommunications system or in information 47.22 received by the seller from its service provider, where the 47.23 system used to transport the signals is not that of the seller; 47.24 or 47.25 (3) if the location inparagraphs (a) and (b)clauses (1) 47.26 and (2) is not known, the service address means the location of 47.27 the customer's place of primary use. 47.28 [EFFECTIVE DATE.] This section is effective for sales and 47.29 purchases made on or after January 1, 2004. 47.30 Sec. 51. Minnesota Statutes 2003 Supplement, section 47.31 308B.201, is amended to read: 47.32 308B.201 [ORGANIZATIONAL PURPOSE.] 47.33 A cooperative may be formed and organized on a cooperative 47.34 plan for any lawful purpose, including: 47.35 (1) to market, process, or otherwise change the form or 47.36 marketability of products, including crops, livestock, and other 48.1 agricultural products, the manufacturing and further processing 48.2 of those products, other purposes that are necessary or 48.3 convenient to facilitate the production or marketing of products 48.4 by patron members and others, and other purposes that are 48.5 related to the business of the cooperative; 48.6 (2) to provide products, supplies, and services to its 48.7 members; and 48.8 (3) for any other purposes that cooperatives are authorized 48.9 to perform by law. 48.10 Sec. 52. Minnesota Statutes 2003 Supplement, section 48.11 308B.311, subdivision 6, is amended to read: 48.12 Subd. 6. [PENALTIES FOR CONTRACT INTERFERENCE AND FALSE 48.13 REPORTS.] Any person who knowingly induces or attempts to induce 48.14 any patron member or patron of a cooperative organized under 48.15 this chapter to breach a marketing contract with the 48.16 cooperative, or who maliciously and knowingly spreads false 48.17 reports about the cooperative's finances or management, is 48.18 guilty of a misdemeanor and subject to a fine of not less than 48.19 $100, and not more than $1,000, for each such offense. 48.20 Sec. 53. Minnesota Statutes 2003 Supplement, section 48.21 308B.471, subdivision 2, is amended to read: 48.22 Subd. 2. [INDEMNIFICATION.] (a) Subject to the provisions 48.23 of subdivision 4, a cooperative shall indemnify a person made or 48.24 threatened to be made a party to a proceeding by reason of the 48.25 former or present official capacity of the person against 48.26 judgments, penalties, fines, including, without limitation, 48.27 excise taxes assessed against the person with respect to an 48.28 employee benefit plan, settlements, and reasonable expenses, 48.29 including attorney fees and disbursements incurred by the person 48.30 in connection with the proceeding, if, with respect to the acts 48.31 or omissions of the person complained of in the proceeding, the 48.32 person: 48.33 (1) has not been indemnified by another organization or 48.34 employee benefit plan for the same judgments, penalties, fines, 48.35 including, without limitation, excise taxes assessed against the 48.36 person with respect to an employee benefit plan, settlements, 49.1 and reasonable expenses, including attorney fees and 49.2 disbursements incurred by the person in connection with the 49.3 proceeding with respect to the same acts or omissions; 49.4 (2) acted in good faith; 49.5 (3) received no improper personal benefit and the person 49.6 has not committed an act for which liability cannot be 49.7 eliminated or limited under section 308B.465, subdivision 2; 49.8 (4) in the case of a criminal proceeding, had no reasonable 49.9 cause to believe the conduct was unlawful; and 49.10 (5) in the case of acts or omissions occurring in the 49.11 official capacity described in subdivision 1, paragraph (c), 49.12 clause (1) or (2), reasonably believed that the conduct was in 49.13 the best interests of the cooperative, or in the case of acts or 49.14 omissions occurring in the official capacity described in 49.15 subdivision 1, paragraph (c), clause (3), reasonably believed 49.16 that the conduct was not opposed to the best interests of the 49.17 cooperative. If the person's acts or omissions complained of in 49.18 the proceeding relate to conductatas a director, officer, 49.19 trustee, employee, or agent of an employee benefit plan, the 49.20 conduct is not considered to be opposed to the best interests of 49.21 the cooperative if the person reasonably believed that the 49.22 conduct was in the best interests of the participants or 49.23 beneficiaries of the employee benefit plan. 49.24 (b) The termination of a proceeding by judgment, order, 49.25 settlement, conviction, or upon a plea of nolo contendere or its 49.26 equivalent does not, of itself, establish that the person did 49.27 not meet the criteria set forth in this subdivision. 49.28 Sec. 54. Minnesota Statutes 2003 Supplement, section 49.29 308B.735, subdivision 1, is amended to read: 49.30 Subdivision 1. [ALTERNATE PROCEDURE TO DISBURSE PROPERTY.] 49.31 A cooperative may, in lieu of paying or delivering to the state 49.32 the unclaimed property specified in its report of unclaimed 49.33 property, distribute the unclaimed property to a business entity 49.34 or organization that is exempt from taxation. A cooperative 49.35 making the election to distribute unclaimed property shall file 49.36 with thesecretary of stateDepartment of Commerce: 50.1 (1) a verified written explanation of the proof of claim of 50.2 an owner establishing a right to receive the abandoned property; 50.3 (2) any error in the presumption of abandonment; 50.4 (3) the name, address, and exemption number of the business 50.5 entity or organization to which the property was or is to be 50.6 distributed; and 50.7 (4) the approximate date of distribution. 50.8 Sec. 55. Minnesota Statutes 2002, section 325F.19, 50.9 subdivision 3, is amended to read: 50.10 Subd. 3. [COMMISSIONER.] "Commissioner" means the 50.11 commissioner ofenergy and economic developmentcommerce. 50.12 Sec. 56. Minnesota Statutes 2002, section 325F.69, 50.13 subdivision 1, is amended to read: 50.14 Subdivision 1. [FRAUD, MISREPRESENTATION, DECEPTIVE 50.15 PRACTICES.] The act, use, or employment by any person of any 50.16 fraud, false pretense, false promise, misrepresentation, 50.17 misleading statement or deceptive practice, with the intent that 50.18 others rely thereon in connection with the sale of any 50.19 merchandise, whether or not any person has in fact been misled, 50.20 deceived, or damaged thereby, is enjoinable as providedherein50.21 in section 325F.70. 50.22 Sec. 57. Minnesota Statutes 2002, section 325F.69, 50.23 subdivision 4, is amended to read: 50.24 Subd. 4. [SOLICITATION OF MONEY FOR MERCHANDISE NOT 50.25 ORDERED OR SERVICES NOT PERFORMED.] The act, use, or employment 50.26 by any person of any solicitation for payment of money by 50.27 another by any statement or invoice, or any writing that could 50.28 reasonably be interpreted as a statement or invoice, for 50.29 merchandise not yet ordered or for services not yet performed 50.30 and not yet ordered, whether or not any person has in fact been 50.31 misled, deceived, or damaged thereby, is enjoinable as 50.32 providedhereinin section 325F.70. 50.33 Sec. 58. Minnesota Statutes 2002, section 326.10, 50.34 subdivision 1, is amended to read: 50.35 Subdivision 1. [ISSUANCE.] (a) The board shall on 50.36 application therefor on a prescribed form, and upon payment of a 51.1 fee prescribed by rule of the board, issue a license or 51.2 certificate as an architect, engineer, land surveyor, landscape 51.3 architect, geoscientist, or certified interior designer. A 51.4 separate fee shall be paid for each profession licensed. 51.5 (1) To any person over 25 years of age, who is of good 51.6 moral character and repute, and who has the experience and 51.7 educational qualifications which the board by rule may prescribe. 51.8 (2) To any person who holds an unexpired certificate of 51.9 registration or license issued by proper authority in the 51.10 District of Columbia, any state or territory of the United 51.11 States, or any foreign country, in which the requirements for 51.12 registration or licensure of architects, engineers, land 51.13 surveyors, landscape architects, geoscientists, or certified 51.14 interior designers, respectively, at the time of registration or 51.15 licensure in the other jurisdiction, were equal, in the opinion 51.16 of the board, to those fixed by the board and by the laws of 51.17 this state, and in which similar privileges are extended to the 51.18 holders of certificates of registration or licensure issued by 51.19 this state. The board may require such person to submit a 51.20 certificate of technical qualification from the National Council 51.21 of Architectural Registration Boards in the case of an 51.22 architect, from the National Council ofEngineeringExaminers 51.23 for Engineering and Surveying in the case of an engineer, from 51.24 theNationalCouncil of LandscapeArchitectsArchitectural 51.25 RegistrationBoardBoards in the case of a landscape architect, 51.26 and from the National Council for Interior DesignQualifications51.27 Qualification in the case of a certified interior designer. 51.28 (b) Notwithstanding paragraph (a), for one year from the 51.29 effective date of rules adopted by the board with respect to the 51.30 discipline of professional geoscience, the board may accept as 51.31 evidence that the applicant is qualified for licensing in the 51.32 discipline of professional geoscience: 51.33 (1) a record of graduation with a baccalaureate degree from 51.34 a school or college having accreditation defined by the board 51.35 and a geoscience or associated science curriculum approved by 51.36 the board; and 52.1 (2) at least five years of active professional practice in 52.2 the discipline of professional geoscience as approved by the 52.3 board. 52.4 Sec. 59. Minnesota Statutes 2002, section 326.10, 52.5 subdivision 7, is amended to read: 52.6 Subd. 7. [ENGINEER-IN-TRAINING; LAND SURVEYOR-IN-TRAINING; 52.7LANDSCAPE ARCHITECT-IN-TRAINING;GEOSCIENTIST-IN-TRAINING.] (1) 52.8 An applicant for certification as an engineer-in-training who is 52.9 a graduate with a bachelor of engineering degree from a school 52.10 or college having an engineering curriculum accredited by the 52.11 engineers' council for professional development or whose 52.12 education, in the opinion of the board, is equivalent thereto, 52.13 shall receive from the board, upon passing an examination in 52.14 fundamental engineering subjects, a certificate stating that the 52.15 applicant has passed such examination and that the applicant's 52.16 name has been recorded as an engineer-in-training. 52.17 (2) An applicant for certification as a land 52.18 surveyor-in-training who is a graduate with a bachelor's degree 52.19 from a school or college having an accredited engineering or 52.20 land surveying curriculum or who has equivalent education, in 52.21 the opinion of the board, shall receive from the board, upon 52.22 passing a written examination in the fundamentals of mathematics 52.23 and the basic principles of land surveying, a certificate 52.24 stating that the applicant has passed such examination and that 52.25 the applicant's name has been recorded as a land 52.26 surveyor-in-training. 52.27 (3)Any applicant for certification as a landscape52.28architect-in-training who is a graduate with a degree from a52.29school or college having a landscape architecture curriculum52.30accredited by the American Society of Landscape Architects52.31committee on education or who has had equivalent education or52.32experience or a combination thereof of a grade and character52.33acceptable to the board shall receive from the board, upon52.34passing an examination in fundamental landscape architectural52.35subjects, a certificate stating that the applicant has passed52.36that examination and that the applicant's name has been recorded53.1as a landscape architect-in-training.53.2(4)An applicant for certification as a 53.3 geoscientist-in-training who is a graduate with a baccalaureate 53.4 degree from a school or college having accreditation defined by 53.5 the board and a geoscience or associated science curriculum 53.6 approved by the board, shall receive from the board, upon 53.7 passing the appropriate examination in fundamental geoscience 53.8 subjects for the applicant's discipline as approved by the 53.9 board, a certificate stating that the applicant's name has been 53.10 recorded as a geoscientist-in-training with the appropriate 53.11 geoscientist-in-training legend as approved by the board. 53.12 Sec. 60. Minnesota Statutes 2002, section 326.12, 53.13 subdivision 2, is amended to read: 53.14 Subd. 2. [SEAL.] Each licensee or certificate holder may, 53.15 uponregistrationlicensure or certification, obtain a seal of a 53.16 design approved by the board, bearing the licensee's or 53.17 certificate holder's name and the legend "licensed architect," 53.18 "licensed professional engineer," "licensed land surveyor," 53.19 "licensed landscape architect," the appropriate licensed 53.20 professional geoscientist legend as defined by the board, or 53.21 "certified interior designer." Plans, specifications, plats, 53.22 reports, and other documents prepared by a licensee or 53.23 certificate holder may be stamped with the seal during the life 53.24 of the license or certificate. A rubber stamp facsimile thereof 53.25 may be used in lieu of the seal on tracings from which prints 53.26 are to be made or on papers which would be damaged by the 53.27 regular seal. It shall be unlawful for any one to stamp or seal 53.28 any document with the stamp or seal after the licenseof the53.29registrant named thereonor certificate has expired, been 53.30 revoked or suspended, unless said license or certificate shall 53.31 have been renewed or reissued. 53.32 Sec. 61. Minnesota Statutes 2002, section 326.13, is 53.33 amended to read: 53.34 326.13 [PRACTICE EXEMPT.] 53.35 Practice of architecture, engineering, landscape 53.36 architecture, land surveying, or geoscience, or use of the title 54.1 certified interior designer in this state prior to licensure or 54.2 certification by the board shall be permitted under the 54.3 following conditions and limitations: 54.4 (1) By any person or firm not a resident of and having no 54.5 established place of business in this state, or any person or 54.6 firm resident in this state, but whose arrival in the state is 54.7 recent; provided, however, such person or a person connected 54.8 with such firm: 54.9 (i) is registered or licensed and qualified to practice 54.10 such profession in a state or country to which the board grants 54.11registration orlicensure or certification by comity in 54.12 accordance with the provisions of section 326.10, subdivision 1, 54.13 clause (2); and 54.14 (ii) shall have filed an application for licensure as an 54.15 architect, an engineer, a geoscientist, or a certified interior 54.16 designer shall have paid the fee provided for in section 326.10, 54.17 and shall have been notified by the board that the applicant 54.18 meets the requirements for licensure or certification in this 54.19 state and is entitled to receive a license or certificate, and 54.20 has applied for and been granted a temporary permit to 54.21 practice. Temporary permits shall be granted to do a specific 54.22 job for the period stipulated on the permit. 54.23 (2) By a nonresident applicant who seeks to provide 54.24 architecture, engineering, land surveying, landscape 54.25 architecture, geoscience, or certified interior design services 54.26 in this state if the applicant offers to practice only for the 54.27 purpose of seeking to provide services, without having first 54.28 been registered or certified by the state, if the applicant: 54.29 (i) is registered and qualified to practice such profession 54.30 in a state or country to which the board grants registration or 54.31 licensure by comity in accordance with section 326.10, 54.32 subdivision 1, clause (2); 54.33 (ii) notified the board in writing that the applicant is 54.34 not currently registered in this state, but will be present in 54.35 this state for the purpose of seeking to provide services; 54.36 (iii) delivers a copy of the notice referred to in clause 55.1 (ii) to every potential client for whom the applicant is seeking 55.2 to provide services; and 55.3 (iv) applies within ten days to the board for licensure or 55.4 certification if selected as the design professional for a 55.5 project in this state; the applicant is prohibited from actually 55.6 rendering services as defined within the terms of sections 55.7 326.02 to 326.15 until the applicant is licensed or certified, 55.8 or obtains a temporary permit as described in clause (1). 55.9 (3) Practice as an architect, an engineer, a land surveyor, 55.10 a landscape architect, or a geoscientist, or use of the title 55.11 certified interior designer solely as an officer or employee of 55.12 the United States. 55.13 (4) Practice as a geoscientist by a person who would be 55.14 qualified under sections 326.02 to 326.15 by virtue of 55.15 experience and education while (i) engaged in exploration, 55.16 development, extraction, and reclamation of minerals and mineral 55.17 deposits or energy resources including sand, gravel, peat, 55.18 industrial minerals, metallic minerals, iron ore, coal, oil, and 55.19 gas and other mineral fuels; (ii) an employee of a corporation 55.20 or agency engaged in such exploration, development, extraction, 55.21 and reclamation of minerals and mineral deposits; (iii) acting 55.22 in accordance with the provisions of section 82B.035, 55.23 subdivision 3; 103I.205, subdivision 4; or 103I.601, subdivision 55.24 2; or (iv) engaged in academic geoscience research. 55.25 Sec. 62. Minnesota Statutes 2002, section 326.15, is 55.26 amended to read: 55.27 326.15 [FALSE IMPERSONATION.] 55.28 It shall be unlawful for any person to present or attempt 55.29 to use as the person's own the seal or certificate of another, 55.30 or to give false or forged evidence of any kind to the board, or 55.31 any member thereof, or to falsely impersonate anyregistrant55.32 licensee or certificate holder of like or different name, or to 55.33 use or attempt to use as the person's own the license of another 55.34 issued by any authority outside of this state, or to use or 55.35 attempt to use an expired or revoked or suspended license. 55.36 Sec. 63. Minnesota Statutes 2002, section 336.9-531, is 56.1 amended to read: 56.2 336.9-531 [ELECTRONIC ACCESS; LIABILITY; RETENTION.] 56.3 (a) [ELECTRONIC ACCESS.] The secretary of state may allow 56.4 private parties to have electronic access to the central filing 56.5 system and to other computerized records maintained by the 56.6 secretary of state on a fee basis, except that: (1) visual 56.7 access to electronic display terminals at the public counters at 56.8 the Secretary of State's Office must be without charge and must 56.9 be available during public counter hours; and (2) access by law 56.10 enforcement personnel, acting in an official capacity, must be 56.11 without charge. If the central filing system allows a form of 56.12 electronic access to information regarding the obligations of 56.13 debtors, the access must be available 24 hours a day, every day 56.14 of the year. Notwithstanding section13.4913.355, private 56.15 parties who have electronic access to computerized records may 56.16 view the Social Security number information about a debtor that 56.17 is of record. 56.18 Notwithstanding section13.4913.355, a filing office may 56.19 include Social Security number information in an information 56.20 request response under section 336.9-523 or a search of other 56.21 liens in the central filing system. A filing office may also 56.22 include Social Security number information on a photocopy or 56.23 electronic copy of a record whether provided in an information 56.24 request response or in response to a request made under section 56.25 13.03. 56.26 (b) [LIABILITY.] The secretary of state, county recorders, 56.27 and their employees and agents are not liable for any loss or 56.28 damages arising from errors in or omissions from information 56.29 entered into the central filing system as a result of the 56.30 electronic transmission of tax lien notices under sections 56.31 268.058, subdivision 1, paragraph (c); 270.69, subdivision 2, 56.32 paragraph (b), clause (2); 272.483; and 272.488, subdivisions 1 56.33 and 3. 56.34 The state, the secretary of state, counties, county 56.35 recorders, and their employees and agents are immune from 56.36 liability that occurs as a result of errors in or omissions from 57.1 information provided from the central filing system. 57.2 (c) [RETENTION.] Once the image of a paper record has been 57.3 captured by the central filing system, the secretary of state 57.4 may remove or direct the removal from the files and destroy the 57.5 paper record. 57.6 Sec. 64. Minnesota Statutes 2002, section 357.021, 57.7 subdivision 5, is amended to read: 57.8 Subd. 5. [EXEMPTION FOR GOVERNMENT AGENCIES.] 57.9 Notwithstanding any other provision of the law to the contrary, 57.10 no fee otherwise required to be paid to the court administrator 57.11 of district court by a defendant or defendants when filing the 57.12 first paper for that party in an action, shall be paid by the 57.13 state of Minnesota, or any department or agency thereof, or when 57.14 the state or a department or agency as plaintiff enters judgment 57.15 pursuant to a confession of judgment executed by the defendant. 57.16 Sec. 65. Minnesota Statutes 2003 Supplement, section 57.17 469.339, subdivision 2, is amended to read: 57.18 Subd. 2. [DEFINITIONS.] (a) For purposes of this section, 57.19 the following terms have the meanings given. 57.20 (b) "Qualified research expenses" means qualified research 57.21 expenses and basic research payments as defined in section 41(b) 57.22 and (e) of the Internal Revenue Code. 57.23 (c) "Qualified research" means activities in the fields of 57.24 biotechnology or health sciences that are "qualified research" 57.25 as defined in section 41(d) of the Internal Revenue Code, except 57.26 that the term does not include qualified research conducted 57.27 outside the biotechnology and health sciences industry zone. 57.28 (d) "Base amount" means base amount as defined in section 57.294(c)41(c) of the Internal Revenue Code, except that the average 57.30 annual gross receipts must be calculated using Minnesota sales 57.31 or receipts under section 290.191 and the definitions contained 57.32 in paragraphs (b) and (c) apply. 57.33 (e) "Liability for tax" for purposes of this section means 57.34 the tax imposed under this chapter for the taxable year reduced 57.35 by the sum of the nonrefundable credits allowed under this 57.36 chapter. 58.1 Sec. 66. Minnesota Statutes 2002, section 609.3452, 58.2 subdivision 2, is amended to read: 58.3 Subd. 2. [ACCESS TO DATA.] Notwithstanding section 13.384, 58.4 13.85, 144.335, 260B.171, 260C.171, or 626.556, the assessor has 58.5 access to the following private or confidential data on the 58.6 person if access is relevant and necessary for the assessment: 58.7 (1) medical data under section13.4213.384; 58.8 (2) corrections and detention data under section 13.85; 58.9 (3) health records under section 144.335; 58.10 (4) juvenile court records under sections 260B.171 and 58.11 260C.171; and 58.12 (5) local welfare agency records under section 626.556. 58.13 Data disclosed under this section may be used only for 58.14 purposes of the assessment and may not be further disclosed to 58.15 any other person, except as authorized by law. 58.16 Sec. 67. Laws 2003, First Special Session chapter 11, 58.17 article 2, section 21, is amended to read: 58.18 Sec. 21. [INDEPENDENT STUDY ON INTERMITTENT RESOURCES.] 58.19 The commission shall order the electric utility subject to 58.20 Minnesota Statutes, section 216B.1691, subdivision76, to 58.21 contract with a firm selected by the commissioner of commerce 58.22 for an independent engineering study of the impacts of 58.23 increasing wind capacity on its system above the 825 megawatts 58.24 of nameplate wind energy capacity to which the utility is 58.25 already committed, to evaluate options available to manage the 58.26 intermittent nature of this renewable resource. The study shall 58.27 be completed by June 1, 2004, and incorporated into the 58.28 utility's next resource plan filing. The costs of the study, 58.29 options pursued by the utility to manage the intermittent nature 58.30 of wind energy, and the costs of complying with Minnesota 58.31 Statutes, section 216B.1691, subdivision76, shall be 58.32 recoverable under Minnesota Statutes, section 216B.1645. 58.33 [EFFECTIVE DATE.] This section is effective retroactively 58.34 from May 30, 2003. 58.35 Sec. 68. Laws 2003, First Special Session chapter 21, 58.36 article 8, section 10, the effective date, is amended to read: 59.1 [EFFECTIVE DATE.] This section is effective for sales made 59.2 after June 30,20072003. 59.3 Sec. 69. [CERTAIN STATUTES REVIVED AND REENACTED.] 59.4 Minnesota Statutes, sections 169.829, subdivision 3, and 59.5 169.87, subdivisions 5 and 6, are expressly revived and 59.6 reenacted as specifically provided according to Minnesota 59.7 Statutes, section 645.36, effective retroactively and without 59.8 interruption from April 25, 2000. 59.9 Sec. 70. [SEWAGE DISPOSAL SYSTEM CHARGES; CLEARWATER RIVER 59.10 WATERSHED DISTRICT.] 59.11 The Clearwater River Watershed District may collect charges 59.12 for maintenance, repair, operation, and use of sewer systems, 59.13 sewage treatment systems, and other facilities, whether created 59.14 as projects of the district or acquired by the district, for 59.15 disposing of sewage, industrial waste, or other wastes as 59.16 prescribed under Minnesota Statutes, section 444.075, 59.17 subdivision 2a. 59.18 [EFFECTIVE DATE.] This section is effective retroactively 59.19 from August 1, 2003. 59.20 Sec. 71. [REVISOR'S INSTRUCTION; WETLAND RULES.] 59.21 The revisor of statutes shall make the following changes in 59.22 Minnesota Rules: 59.23 (1) in part 8420.0110, subpart 30, items A and B, insert 59.24 "or soil and water conservation district" to conform to Laws 59.25 2003, chapter 128, article 1, section 111; 59.26 (2) in part 8420.0544, item A, the first sentence, replace 59.27 the clause beginning with "statewide" with the language in 59.28 Minnesota Statutes, section 103G.222, subdivision 3, paragraph 59.29 (a), clause (5), to conform with the amendment to that section 59.30 in Laws 2003, chapter 128, article 1, section 113; 59.31 (3) in part 8420.0544, replace item C with the language in 59.32 Minnesota Statutes, section 103G.22, paragraph (k), to conform 59.33 with the amendment to that section in Laws 2003, chapter 128, 59.34 article 1, section 112; and 59.35 (4) in part 8420.0720, add two new subparts containing the 59.36 language in Minnesota Statutes, section 103G.2242, subdivisions 60.1 14 and 15, to conform with the amendment adding those 60.2 subdivisions in Laws 2003, chapter 128, article 1, sections 114 60.3 and 115. 60.4 Sec. 72. [REVISOR'S INSTRUCTION; MISDEMEANORS.] 60.5 Subdivision 1. [CONSTRUCTION.] The instructions in this 60.6 section are intended to correct sections that specify the 60.7 amounts of fines for gross misdemeanors, misdemeanors, and petty 60.8 misdemeanors so that the fine specified in each section is in 60.9 accord with the increases in fines enacted in Laws 1983, chapter 60.10 331, and Laws 2000, chapter 488, article 5, and codified in 60.11 Minnesota Statutes, sections 609.033 (misdemeanors), 609.0331 60.12 (petty misdemeanors), and 609.0341, subdivision 1 (gross 60.13 misdemeanors). 60.14 Subd. 2. [GROSS MISDEMEANORS.] The revisor shall identify 60.15 every section of Minnesota Statutes that specifies that an 60.16 offense is a gross misdemeanor but states a maximum criminal 60.17 penalty amount lower than $3,000 for that offense. The revisor 60.18 shall prepare a bill for the 2005 legislative session that 60.19 corrects the penalty amounts in the identified sections. The 60.20 corrections must be in accordance with the penalty amounts in 60.21 Laws 1983, chapter 331; Laws 2000, chapter 488, article 5; and 60.22 Minnesota Statutes, section 609.0341, subdivision 1. 60.23 Subd. 3. [MISDEMEANORS.] (a) In the following sections, 60.24 the revisor shall change "$700" to "$1,000" when the amount 60.25 specifies the maximum amount of a fine: Minnesota Statutes, 60.26 sections 12.45; 21.122; 62C.22; 116J.871; 127A.10; 168.275; 60.27 169.21; 177.43; 181.30; 234.23; 235.10; 256.045; 260B.198; 60.28 260B.225; 299F.80; 299F.82; 299F.831; 325F.73; 412.231; 518B.01; 60.29 609.27; 609.324; 609.375; 609.50; 609.52; 609.526; 609.535; 60.30 609.5632; 609.576; 609.597; 609.615; 609.65; 609.66; 609.662; 60.31 609.665; 609.748; 609.855; 609.86; 609.88; 609.89; 609.891; 60.32 609.893; 624.25; and 624.68. 60.33 (b) The revisor shall identify every section of Minnesota 60.34 Statutes that specifies that an offense is a misdemeanor but 60.35 states a maximum criminal penalty amount lower than $1,000 for 60.36 that offense. The revisor shall prepare a bill for the 2005 61.1 legislative session that corrects the penalty amounts in the 61.2 identified sections. The corrections must be in accordance with 61.3 the penalty amount in Laws 2000, chapter 488, article 5, and 61.4 codified in Minnesota Statutes, section 609.033 (misdemeanors). 61.5 Subd. 4. [PETTY MISDEMEANORS.] (a) In the following 61.6 section and subdivision, the revisor shall change "$200" to 61.7 "$300" when the amount specifies the maximum amount of a fine: 61.8 Minnesota Statutes, sections 152.07, subdivision 4; and 624.7162. 61.9 (b) The revisor shall identify every section of Minnesota 61.10 Statutes that specifies that an offense is a petty misdemeanor 61.11 but states a maximum fine amount lower than $300 for that petty 61.12 offense. The revisor shall prepare a bill for the 2005 61.13 legislative session that corrects the penalty amounts in the 61.14 identified sections. The corrections must be in accordance with 61.15 the penalty amount in Laws 2000, chapter 488, article 5, and 61.16 codified in Minnesota Statutes, section 609.0331 (petty 61.17 misdemeanors). 61.18 Sec. 73. [REVISOR'S INSTRUCTION; OBSOLETE HAZARDOUS WASTE 61.19 GENERATOR TAX.] 61.20 The revisor of statutes shall replace "115B.24" with 61.21 "115B.20" in the following sections of Minnesota Statutes: 61.22 115B.01, 115B.40, 115B.405, 115B.50, and 116J.554. 61.23 Sec. 74. [REVISOR'S INSTRUCTION; TACIP.] 61.24 The revisor of statutes shall change the term 61.25 "telecommunications access for communications-impaired persons" 61.26 to "telecommunications access Minnesota" wherever it appears in 61.27 Minnesota Statutes or Minnesota Rules. 61.28 Sec. 75. [REVISOR'S INSTRUCTION; GENERAL ASSISTANCE 61.29 REFERENCES.] 61.30 The revisor of statutes shall change the reference 61.31 "256D.03, subdivision 4, paragraph (d)" to "256D.03, subdivision 61.32 4, paragraph (c)" in Minnesota Statutes, sections 62A.045, 61.33 paragraph (b); 256.015, subdivisions 1 and 3; 256B.042, 61.34 subdivisions 1 and 3; 256B.056, subdivision 6; 256B.37, 61.35 subdivision 2; 256B.69, subdivisions 26, paragraphs (b) and (d), 61.36 and 27; 256L.03, subdivision 6; and 256L.12, subdivision 5. 62.1 Sec. 76. [REPEALERS.] 62.2 Subdivision 1. [NOXIOUS WEED QUARANTINE.] Minnesota 62.3 Statutes 2002, section 18.79, subdivision 11, is repealed. 62.4 Subd. 2. [115B.241; EFFECTIVE DATE.] Minnesota Statutes 62.5 2002, section 115B.241, is repealed. 62.6 Subd. 3. [INTERSTATE HIGHWAY SYSTEM; EDITORIAL 62.7 CONFLICT.] Laws 2001, chapter 161, section 29, is repealed. 62.8 Subd. 4. [PUBLIC TRANSIT ASSISTANCE; EDITORIAL 62.9 CONFLICT.] Laws 2001, First Special Session chapter 5, article 62.10 3, section 9, is repealed. 62.11 Subd. 5. [TRUCK LOAD WEIGHTS; EDITORIAL CONFLICT.] Laws 62.12 2002, chapter 364, section 15, is repealed. 62.13 Subd. 6. [BROWNFIELD CLEANUP; EDITORIAL CONFLICT.] Laws 62.14 2002, chapter 380, article 4, section 1, is repealed. 62.15 Subd. 7. [COUNTY AID OFFSET; EDITORIAL CONFLICT.] Laws 62.16 2003, chapter 127, article 5, section 19, is repealed. 62.17 Subd. 8. [STATE PROPERTY TAX SETTLEMENT AND PAYMENT; 62.18 EDITORIAL CONFLICT.] Laws 2003, chapter 112, article 2, section 62.19 35, is repealed. 62.20 Subd. 9. [CHAPTER 115B; EDITORIAL CONFLICT.] Laws 2003, 62.21 chapter 127, article 7, section 1; and Laws 2003, chapter 128, 62.22 article 2, section 13, are repealed. 62.23 Subd. 10. [RENEWABLE ENERGY; EDITORIAL CONFLICT.] Laws 62.24 2003, chapter 128, article 3, section 44, is repealed. 62.25 Subd. 11. [ATTACHED MACHINERY AID; EDITORIAL 62.26 CONFLICT.] Laws 2003, First Special Session chapter 9, article 62.27 5, section 29, is repealed. 62.28 Subd. 12. [INTERGOVERNMENTAL INFORMATION SYSTEMS ADVISORY 62.29 COUNCIL RULES.] Minnesota Rules, parts 1220.0200; 1220.0300; 62.30 1220.0400; 1220.0500; 1220.0600; 1220.0700; 1220.0800; and 62.31 1220.0900, are repealed. 62.32 Subd. 13. [HEALTH CARE EQUIPMENT LOAN PROGRAM.] Minnesota 62.33 Rules, parts 7380.0200; 7380.0210; 7380.0220; 7380.0230; and 62.34 7380.0240, are repealed. 62.35 ARTICLE 2 62.36 TERMINOLOGY CLARIFICATION 63.1 Section 1. Minnesota Statutes 2002, section 60A.23, 63.2 subdivision 5, is amended to read: 63.3 Subd. 5. [PROVISIONS AS TO FIDELITY AND SURETY COMPANIES.] 63.4 (1) [REQUIREMENTS AND ACCEPTABILITY.] No company for 63.5 guaranteeing the fidelity of persons in fiduciary positions, 63.6 public or private, or for acting as surety, shall transact any 63.7 business in this state until it shall have satisfied the 63.8 commissioner that it has complied with all the provisions of law 63.9 and obtained the commissioner's certificate to that effect. 63.10 Thereupon it shall be authorized to execute as sole or joint 63.11 surety any bond, undertaking, or recognizance which, by any 63.12 municipal or other law, or by the rules or regulations of any 63.13 municipal or other board, body, organization, or officer, is 63.14 required or permitted to be made, given, tendered, or filed for 63.15 the security or protection of any person, corporation, or 63.16 municipality, or any department thereof, or of any other 63.17 organization, conditioned for the doing or omitting of anything 63.18 in such bond or other instrument specified or provided; and any 63.19 and all courts, judges, officers, and heads of departments, 63.20 boards, and municipalities required or permitted to accept or 63.21 approve of the sufficiency of any such bond or instrument may in 63.22 their discretion accept the same when executed, or the 63.23 conditions thereof guaranteed solely or jointly by any such 63.24 company, and the same shall be in all respects full compliance 63.25 with every law or other provisions for the execution or guaranty 63.26 by one surety or by two or more sureties, or that sureties shall 63.27 be residents or householders, orfreeholderslandowners, or all 63.28 or either. 63.29 (2) [LIMITS OF RISK.] No fidelity or surety company shall 63.30 insure or reinsure in a single risk, less any portion thereof 63.31 reinsured, a larger sum than one-tenth of its net assets. 63.32 Sec. 2. Minnesota Statutes 2002, section 116A.11, 63.33 subdivision 1, is amended to read: 63.34 Subdivision 1. [APPOINTMENT.] Following the filing of the 63.35 order for a detailed survey the board or court shall make an 63.36 order appointing as viewers three disinterested resident 64.1freeholderslandowners of the county or counties affected. 64.2 Sec. 3. Minnesota Statutes 2002, section 163.16, 64.3 subdivision 1, is amended to read: 64.4 Subdivision 1. [COMPLAINT.] When a written complaint, 64.5 signed by five or morefreeholderslandowners of any town is 64.6 presented to the county board stating that a described town road 64.7 in or on the line of the town has not been opened and 64.8 constructed or is not properly maintained, and because of such 64.9 neglect is not reasonably passable, the county board by 64.10 resolution, shall fix a time and place for hearing the 64.11 complaint. The county auditor shall mail a copy of the 64.12 complaint, together with notice of the time and place of hearing 64.13 on the complaint, to the town clerk. All persons signing the 64.14 complaint shall also be notified of the time and place of the 64.15 hearing by the county auditor. 64.16 Sec. 4. Minnesota Statutes 2002, section 163.161, is 64.17 amended to read: 64.18 163.161 [IMPASSABLE CITY THOROUGHFARE.] 64.19 When a written complaint signed by five or morefreeholders64.20 landowners of a statutory city of not more than 5,000 population 64.21 is presented to the county board stating that a city 64.22 thoroughfare located outside an urban area as defined in section 64.23 169.01, subdivision 59 has not been properly maintained and 64.24 because of the improper maintenance is not reasonably passable 64.25 the county board shall consider and act upon the complaint in 64.26 the same manner provided for a complaint under section 163.16. 64.27 Sec. 5. Minnesota Statutes 2002, section 164.05, 64.28 subdivision 3, is amended to read: 64.29 Subd. 3. [PETITION; NOTICE; VOTE AT TOWN MEETING.] When a 64.30 petition signed by ten or morefreeholderslandowners and voters 64.31 of a town shall be presented to the town clerk at least 20 days 64.32 before the time of holding the annual town meeting, praying that 64.33 the question of authorizing the town board to levy and assess a 64.34 town road drainage tax be submitted to the voters of such town, 64.35 the town clerk shall include in the notice of such annual town 64.36 meeting a notice that such question will be voted on at such 65.1 meeting. Such question shall be voted on by ballot and it shall 65.2 be the duty of the clerk to provide at the expense of the town a 65.3 suitable number of ballots, which may be printed or written or 65.4 partly printed and partly written, in substantially the 65.5 following form: 65.6 "Shall the town board be authorized to levy and assess a 65.7 Town Road Drainage Tax? 65.8 (Yes ..) (No ..)" 65.9 Sec. 6. Minnesota Statutes 2002, section 164.08, 65.10 subdivision 1, is amended to read: 65.11 Subdivision 1. [PERMITTED ESTABLISHMENT; CONDITIONS.] The 65.12 town board by resolution may establish a cartway two rods wide 65.13 and not more than one-half mile in length upon petition 65.14 presented to the town board signed by at least five voters, 65.15freeholderslandowners of the town, requesting the cartway on a 65.16 section line to serve a tract or tracts of land consisting of at 65.17 least 150 acres of which at least 100 acres are tillable. If 65.18 the petition is granted the proceedings of the town board shall 65.19 be in accordance with section 164.07. 65.20 Sec. 7. Minnesota Statutes 2002, section 237.39, is 65.21 amended to read: 65.22 237.39 [ACQUIRING OR SELLING TELEPHONE SYSTEM.] 65.23 When, under the provisions of sections 237.33 to 237.40, a 65.24 township telephone system is established in any township in 65.25 which any of the inhabitants of the town are already provided 65.26 with telephone service furnished by any other telephone company 65.27 or person, the town shall, when so requested by the telephone 65.28 company or person, acquire from the telephone company all 65.29 telephone equipment used by the telephone company or person in 65.30 furnishing telephone service to the inhabitants of the town 65.31 exclusively. For the purpose of determining the purchase price 65.32 of the equipment, application shall be made to the department 65.33 which shall determine the just compensation which the owner of 65.34 the telephone equipment is entitled to receive for it from the 65.35 town. Before deciding upon the compensation, the department 65.36 shall, at a public meeting, which may be adjourned from time to 66.1 time, hear all interested persons of the question involved. The 66.2 department shall by order fix the compensation and furnish a 66.3 copy of its order to the town, and to the telephone company or 66.4 person concerned. An appeal may be taken to the district court 66.5 of the county in which the town is situated from that part of 66.6 the order fixing the compensation to be paid, within 30 days, by 66.7 either party. The appeal shall be tried in the same manner as 66.8 other appeals hereunder. If no appeal is taken, the order of 66.9 the department shall become final at the end of 30 days. 66.10 When, under the provisions of sections 237.33 to 237.40 a 66.11 township telephone system has been established in any town, and 66.12 it has been determined by the board of supervisors of the town 66.13 to be for the best interest of public service and all persons 66.14 concerned, to sell and transfer the township telephone system to 66.15 any telephone company or person giving service organized for 66.16 that purpose and qualified to purchase the system and operate 66.17 it, the board of supervisors may sell, transfer, and convey the 66.18 township telephone system upon such reasonable price and terms 66.19 as it may determine; provided, that there shall be presented to 66.20 the board of supervisors by a petition signed by at least 25 66.21 percent of thefreeholderslandowners of the town asking for the 66.22 sale. If the sale and agreed sale price are approved at an 66.23 annual or special town meeting, it being stated in the notice of 66.24 the annual and special meeting that the proposition will be 66.25 considered at it, by 66 percent of the legal voters attending 66.26 the meeting. 66.27 If any township telephone lines are sold under the 66.28 provisions of sections 237.33 to 237.40, and the town has 66.29 previously issued bonds for their construction, and any part of 66.30 the bonds are then outstanding and unpaid, the entire 66.31 consideration received from the sale, or such part as may be 66.32 necessary, shall be held and applied only for the payment and 66.33 retirement of the bonds. 66.34 Sec. 8. Minnesota Statutes 2002, section 306.32, is 66.35 amended to read: 66.36 306.32 [TRUSTEES OF FUND.] 67.1 The trustees shall choose by ballot and appoint by deed of 67.2 the association a board of at least three and not more than five 67.3 trustees of the fund. They shall be residentfreeholders67.4 landowners of this state during all the time they exercise the 67.5 powers of the trust. If any of those appointed fails to qualify 67.6 within 30 days after appointment, the one or more who have 67.7 qualified shall appoint by deed other persons to be trustees in 67.8 their places. If any of those appointed fails to qualify within 67.9 30 days, another shall be appointed in the same manner. Every 67.10 appointment to fill a vacancy must be by unanimous vote of those 67.11 acting. However, instead of appointing a board, the trustees of 67.12 the association may designate any trust company of the state to 67.13 act as the trustee during a time determined by the board. All 67.14 instruments of appointment of trustees must be recorded with the 67.15 secretary. 67.16 Sec. 9. Minnesota Statutes 2002, section 344.20, is 67.17 amended to read: 67.18 344.20 [TOWN OPTION.] 67.19 If eight or morefreeholderslandowners in a town petition 67.20 the town board for a vote on a partition fence policy, the town 67.21 board may adopt its own policy and procedures for dealing with 67.22 partition fences, including enforcement procedures. The policy 67.23 must be approved by the electors of the town at an annual or 67.24 special town meeting, in which case this chapter does not apply 67.25 in that town. 67.26 This chapter applies to any partition fence lying on the 67.27 boundary between a town which has adopted its own partition 67.28 fence policy and any other political subdivision unless the 67.29 other political subdivision is a town which has adopted a 67.30 similar policy. 67.31 Sec. 10. Minnesota Statutes 2002, section 348.02, is 67.32 amended to read: 67.33 348.02 [CLAIM AND PROOF.] 67.34 The claimant shall file with the county auditor a plat 67.35 giving the government subdivision, and the position of the trees 67.36 thereon. If the number of trees be increased, supplemental 68.1 plats shall be filed. The claimant shall show ownership of the 68.2 land, and make oath to the planting and maintaining of the 68.3 trees, as prescribed in section 348.01; and the proof shall be 68.4 supported by the affidavit of at least twofreeholders68.5 landowners residing in the same town, who have personal 68.6 knowledge of the facts. Such proofs shall be filed with the 68.7 county auditor between July 1 and July 15, of the year for which 68.8 compensation is claimed. 68.9 Sec. 11. Minnesota Statutes 2003 Supplement, section 68.10 365.52, subdivision 1, is amended to read: 68.11 Subdivision 1. [HOW CALLED; STATEMENT; PETITION.] A 68.12 special town meeting may be held to conduct any lawful 68.13 business. To call a special meeting, the supervisors and town 68.14 clerk, or any two of them together with at least 12 other town 68.15freeholderslandowners, shall file a statement in the town 68.16 clerk's office. The statement must tell why the meeting is 68.17 called, the particular business to be transacted, and that the 68.18 interests of the town require the meeting. A special town 68.19 meeting may also be called on petition of 20 percent of the 68.20 electors of the town. The percentage is of the number of voters 68.21 at the last general election. 68.22 Sec. 12. Minnesota Statutes 2002, section 365.59, is 68.23 amended to read: 68.24 365.59 [COUNTY TO APPOINT OFFICERS IF NONE ELECTED.] 68.25 Subdivision 1. [SECOND MEETING TRY.] If a town fails to 68.26 organize or fails to elect officers at the annual town meeting, 68.27 12freeholderslandowners of the town may call a town meeting 68.28 for these purposes. The meeting is called by giving ten days' 68.29 posted notice of it. The notice must include the time, place, 68.30 and purpose of the meeting. 68.31 Subd. 2. [30-DAY WAIT; AFFIDAVIT.] If the notice under 68.32 subdivision 1 is not posted within 30 days after the date for 68.33 the annual town meeting, the county board shall appoint officers 68.34 for the town. The officers shall hold their offices until their 68.35 successors qualify. The county board shall act only after an 68.36 affidavit of afreeholderlandowner of the town is filed with 69.1 the county auditor. The affidavit must state the facts that 69.2 require the county board to act. 69.3 Sec. 13. Minnesota Statutes 2002, section 366.17, is 69.4 amended to read: 69.5 366.17 [PLANNING AND ZONING COMMISSION.] 69.6 To carry out sections 366.10 to 366.18, the town board may 69.7 appoint a planning and zoning commission, all of whom shall be 69.8freeholderslandowners. The number of commissioners shall be 69.9 determined by the board. The planning and zoning commission 69.10 shall act as an adviser to the town board. The commission may 69.11 be empowered to employ a civil engineer or city planner as 69.12 required to establish the districts or zones of any parts of the 69.13 town. 69.14 Sec. 14. Minnesota Statutes 2002, section 368.85, 69.15 subdivision 9, is amended to read: 69.16 Subd. 9. [DISSOLUTION.] A special fire protection district 69.17 may be dissolved in the following manner. The town board may 69.18 submit the question of dissolution of a district at any annual 69.19 town meeting. It must submit that question at the next annual 69.20 town meeting on the signed petition of electors residing in the 69.21 district equal in number to at least one-half of the number 69.22 offreeholderslandowners in the district according to the tax 69.23 record in the county auditor's office filed with the town clerk 69.24 not less than 45 days before the annual meeting. Notice that 69.25 the question will be submitted shall be posted by the town clerk 69.26 in three public places within the special district not less than 69.27 two weeks before the annual meeting at which it will be 69.28 submitted. Only voters residing in the district shall vote on 69.29 the question of dissolution. A separate ballot box shall be 69.30 provided for votes on the question. The town board shall 69.31 provide ballots for the question of dissolution which shall be 69.32 in the same form as provided in subdivision 4 except that the 69.33 question shall be "Shall Special Fire Protection District No. 69.34 ..... be dissolved?". If a majority vote of those voting on 69.35 the question vote in the affirmative, the district shall be 69.36 dissolved. In that event the results of the election shall be 70.1 certified by the chair of the town board to the county auditor. 70.2 There shall be no further special levy for fire protection in 70.3 the district, but dissolution shall not relieve the property in 70.4 the special district from any taxes levied under this section 70.5 before dissolution. 70.6 Sec. 15. Minnesota Statutes 2002, section 385.09, is 70.7 amended to read: 70.8 385.09 [BONDS OF DEPOSITORIES.] 70.9 Every bank or banker, before being designated as a 70.10 depository, shall deposit with the county treasurer a bond, to 70.11 be approved by the county board, in at least double the amount 70.12 to be deposited, payable to such county, and signed by not less 70.13 than five residentfreeholderslandowners as sureties; who 70.14 shall, in the aggregate, qualify for the full penalty named in 70.15 such bond. Any county in which there is no such bank or banker 70.16 may be exempt from the foregoing provisions which relate to 70.17 depositing its funds, if in the judgment of the county board 70.18 such deposit would be detrimental to its interests. In cases 70.19 where the bond furnished by the depository is that of a surety 70.20 company authorized to do business in this state, the amount of 70.21 such bond need not be more than the amount to be deposited in 70.22 such depository. 70.23 Sec. 16. Minnesota Statutes 2002, section 395.14, is 70.24 amended to read: 70.25 395.14 [SEED AND FEED LOANS.] 70.26 Authority is granted to any county in the state to lend 70.27 money to residents of the county who are citizens of the United 70.28 States or resident aliens or who have declared their intention 70.29 of becoming citizens of the United States, for the purpose of 70.30 purchasing seed and feed for teams whenever there has been a 70.31 total or partial failure of crops in the county, by reason of 70.32 hail, flood, drought, fire, or other cause. Qualified residents 70.33 must own, or hold under contract for deed, land previously under 70.34 cultivation and cropped and in condition capable of being 70.35 cropped during the ensuing year, but must be unable to procure 70.36 seed for planting their land and feed for their teams while 71.1 doing the planting and must be in imminent danger of losing 71.2 their property. If not less than 25 residentfreeholders71.3 landowners of the county, before March first next following the 71.4 crop failure, present to the auditor of the county a petition 71.5 signed by them asking that the county lend money to residents 71.6 suffering by reason of the crop failure, for the purpose of 71.7 purchasing seed and feed, the auditor shall receive and file the 71.8 petition and at once call a meeting of the county board to 71.9 consider the petition. The county board shall, on or before the 71.10 second Monday in March, next following, meet and consider the 71.11 petition and may enter an order that the county lend, from its 71.12 general fund, sums as it deems necessary for the purpose; 71.13 however, the amount shall not, with the existing indebtedness of 71.14 the county, exceed the amount of indebtedness fixed by the laws 71.15 of this state. 71.16 ARTICLE 3 71.17 OBSOLETE PROPERTY TAX REFERENCES 71.18 Section 1. Minnesota Statutes 2002, section 126C.48, 71.19 subdivision 8, is amended to read: 71.20 Subd. 8. [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1) 71.21 Reductions in levies pursuant tosectionssection 126C.48, 71.22 subdivision 1,and 273.138,must be made prior to the reductions 71.23 in clause (2). 71.24 (2) Notwithstanding any other law to the contrary, 71.25 districts which received payments pursuant to sections 298.018; 71.26 298.225; 298.28, except an amount distributed under section 71.27 298.28, subdivision 4, paragraph (c), clause (ii); 298.34 to 71.28 298.39; 298.391 to 298.396; 298.405; and any law imposing a tax 71.29 upon severed mineral values; or recognized revenue under section 71.30 477A.15 must not include a portion of these aids in their 71.31 permissible levies pursuant to those sections, but instead must 71.32 reduce the permissible levies authorized by this chapter and 71.33 chapters 120B, 122A, 123A, 123B, 124A, 124D, 125A, and 127A by 71.34 the greater of the following: 71.35 (a) an amount equal to 50 percent of the total dollar 71.36 amount of the payments received pursuant to those sections or 72.1 revenue recognized under section 477A.15 in the previous fiscal 72.2 year; or 72.3 (b) an amount equal to the total dollar amount of the 72.4 payments received pursuant to those sections or revenue 72.5 recognized under section 477A.15 in the previous fiscal year 72.6 less the product of the same dollar amount of payments or 72.7 revenue times five percent. 72.8 For levy year 2002 only, 77 percent of the amounts 72.9 distributed under section 298.225 and 298.28, and 100 percent of 72.10 the amounts distributed under sections 298.018; 298.34 to 72.11 298.39; 298.391 to 298.396; 298.405; and any law imposing a tax 72.12 upon severed mineral values, or recognized revenue under section 72.13 477A.15, shall be used for purposes of the calculations under 72.14 this paragraph. For levy year 2003 only, the levy reductions 72.15 under this subdivision must be calculated as if section 298.28, 72.16 subdivision 4, paragraph (f), did not apply for the 2003 72.17 distribution. 72.18 (3) The amount of any voter approved referendum, facilities 72.19 down payment, and debt levies shall not be reduced by more than 72.20 50 percent under this subdivision. In administering this 72.21 paragraph, the commissioner shall first reduce the nonvoter 72.22 approved levies of a district; then, if any payments, severed 72.23 mineral value tax revenue or recognized revenue under paragraph 72.24 (2) remains, the commissioner shall reduce any voter approved 72.25 referendum levies authorized under section 126C.17; then, if any 72.26 payments, severed mineral value tax revenue or recognized 72.27 revenue under paragraph (2) remains, the commissioner shall 72.28 reduce any voter approved facilities down payment levies 72.29 authorized under section 123B.63 and then, if any payments, 72.30 severed mineral value tax revenue or recognized revenue under 72.31 paragraph (2) remains, the commissioner shall reduce any voter 72.32 approved debt levies. 72.33 (4) Before computing the reduction pursuant to this 72.34 subdivision of the health and safety levy authorized by sections 72.35 123B.57 and 126C.40, subdivision 5, the commissioner shall 72.36 ascertain from each affected school district the amount it 73.1 proposes to levy under each section or subdivision. The 73.2 reduction shall be computed on the basis of the amount so 73.3 ascertained. 73.4 (5) To the extent the levy reduction calculated under 73.5 paragraph (2) exceeds the limitation in paragraph (3), an amount 73.6 equal to the excess must be distributed from the school 73.7 district's distribution under sections 298.225, 298.28, and 73.8 477A.15 in the following year to the cities and townships within 73.9 the school district in the proportion that their taxable net tax 73.10 capacity within the school district bears to the taxable net tax 73.11 capacity of the school district for property taxes payable in 73.12 the year prior to distribution. No city or township shall 73.13 receive a distribution greater than its levy for taxes payable 73.14 in the year prior to distribution. The commissioner of revenue 73.15 shall certify the distributions of cities and towns under this 73.16 paragraph to the county auditor by September 30 of the year 73.17 preceding distribution. The county auditor shall reduce the 73.18 proposed and final levies of cities and towns receiving 73.19 distributions by the amount of their distribution. 73.20 Distributions to the cities and towns shall be made at the times 73.21 provided under section 298.27. 73.22 Sec. 2. Minnesota Statutes 2003 Supplement, section 73.23 127A.45, subdivision 10, is amended to read: 73.24 Subd. 10. [PAYMENTS TO SCHOOL NONOPERATING FUNDS.] Each 73.25 fiscal year state general fund payments for a district 73.26 nonoperating fund must be made at 80 percent of the estimated 73.27 entitlement during the fiscal year of the entitlement. This 73.28 amount shall be paid in 12 equal monthly installments. The 73.29 amount of the actual entitlement, after adjustment for actual 73.30 data, minus the payments made during the fiscal year of the 73.31 entitlement must be paid prior to October 31 of the following 73.32 school year. The commissioner may make advance payments of debt 73.33 service equalization aidor homestead and agricultural credit73.34aidfor a district's debt service fund earlier than would occur 73.35 under the preceding schedule if the district submits evidence 73.36 showing a serious cash flow problem in the fund. The 74.1 commissioner may make earlier payments during the year and, if 74.2 necessary, increase the percent of the entitlement paid to 74.3 reduce the cash flow problem. 74.4 Sec. 3. Minnesota Statutes 2002, section 162.081, 74.5 subdivision 4, is amended to read: 74.6 Subd. 4. [FORMULA FOR DISTRIBUTION TO TOWNS; PURPOSES.] 74.7 Money apportioned to a county from the town road account must be 74.8 distributed to the treasurer of each town within the county, 74.9 according to a distribution formula adopted by the county 74.10 board. The formula must take into account each town's levy for 74.11 road and bridge purposes, its population and town road mileage, 74.12 and other factors the county board deems advisable in the 74.13 interests of achieving equity among the towns. Distribution of 74.14 town road funds to each town treasurer must be made by March 1, 74.15 annually, or within 30 days after receipt of payment from the 74.16 commissioner. Distribution of funds to town treasurers in a 74.17 county which has not adopted a distribution formula under this 74.18 subdivision must be made according to a formula prescribed by 74.19 the commissioner by rule. A formula adopted by a county board 74.20 or by the commissioner must provide that a town, in order to be 74.21 eligible for distribution of funds from the town road account in 74.22 a calendar year, must have leviedbefore the deduction of74.23homestead and agricultural credit aid certified under section74.24273.1398, subdivision 2,for taxes payable in the previous year 74.25 for road and bridge purposes at least 0.04835 percent of taxable 74.26 market value. For purposes of this eligibility requirement, 74.27 taxable market value means taxable market value for taxes 74.28 payable two years prior to the aid distribution year. 74.29 Money distributed to a town under this subdivision may be 74.30 expended by the town only for the construction, reconstruction, 74.31 and gravel maintenance of town roads within the town. 74.32 Sec. 4. Minnesota Statutes 2002, section 272.0212, 74.33 subdivision 2, is amended to read: 74.34 Subd. 2. [LIMITS ON EXEMPTION.] Property in a zone is not 74.35 exempt under this section from the following: 74.36 (1) special assessments; 75.1 (2) ad valorem property taxes specifically levied for the 75.2 payment of principal and interest on debt obligations; and 75.3 (3) all taxes levied by a school district, exceptequalized75.4 school referendum levies as defined in section273.1398,75.5subdivision 1, paragraph (e)126C.17. 75.6 Sec. 5. Minnesota Statutes 2003 Supplement, section 75.7 273.1392, is amended to read: 75.8 273.1392 [PAYMENT; SCHOOL DISTRICTS.] 75.9 The amounts of conservation tax credits under section 75.10 273.119; disaster or emergency reimbursement under section 75.11 273.123;attached machinery aid under section 273.138;homestead 75.12 and agricultural credits under section 273.1384; aids and 75.13 credits under section 273.1398; wetlands reimbursement under 75.14 section 275.295; enterprise zone property credit payments under 75.15 section 469.171; and metropolitan agricultural preserve 75.16 reduction under section 473H.10 for school districts, shall be 75.17 certified to the Department of Education by the Department of 75.18 Revenue. The amounts so certified shall be paid according to 75.19 section 127A.45, subdivisions 9 and 13. 75.20 Sec. 6. Minnesota Statutes 2002, section 273.1398, 75.21 subdivision 1, is amended to read: 75.22 Subdivision 1. [DEFINITIONS.] (a) In this section, the 75.23 terms defined in this subdivision have the meanings given them. 75.24 (b) "Unique taxing jurisdiction" means the geographic area 75.25 subject to the same set of local tax rates. 75.26 (c)"Previous net tax capacity" means the product of the75.27appropriate net class rates for the year previous to the year in75.28which the aid is payable, and estimated market values for the75.29assessment two years prior to that in which aid is payable.75.30"Total previous net tax capacity" means the previous net tax75.31capacities for all property within the unique taxing75.32jurisdiction. The total previous net tax capacity shall be75.33reduced by the sum of (1) the unique taxing jurisdiction's75.34previous net tax capacity of commercial-industrial property as75.35defined in section 473F.02, subdivision 3, or 276A.01,75.36subdivision 3, multiplied by the ratio determined pursuant to76.1section 473F.08, subdivision 6, or 276A.06, subdivision 7, for76.2the municipality, as defined in section 473F.02, subdivision 8,76.3or 276A.01, subdivision 8, in which the unique taxing76.4jurisdiction is located, (2) the previous net tax capacity of76.5the captured value of tax increment financing districts as76.6defined in section 469.177, subdivision 2, and (3) the previous76.7net tax capacity of transmission lines deducted from a local76.8government's total net tax capacity under section 273.425.76.9Previous net tax capacity cannot be less than zero.76.10(d) "Equalized market values" are market values that have76.11been equalized by dividing the assessor's estimated market value76.12for the second year prior to that in which the aid is payable by76.13the assessment sales ratios determined by class in the76.14assessment sales ratio study conducted by the Department of76.15Revenue pursuant to section 127A.48 in the second year prior to76.16that in which the aid is payable. The equalized market values76.17shall equal the unequalized market values divided by the76.18assessment sales ratio.76.19(e) "Equalized school levies" means the amounts levied for:76.20(1) general education under section 126C.13, subdivision 2;76.21(2) supplemental revenue under section 126C.10, subdivision76.2210;76.23(3) transition revenue under section 126C.10, subdivision76.2420; and76.25(4) referendum revenue under section 126C.17.76.26(f) "Current local tax rate" means the quotient derived by76.27dividing the taxes levied within a unique taxing jurisdiction76.28for taxes payable in the year prior to that for which aids are76.29being calculated by the total previous net tax capacity of the76.30unique taxing jurisdiction.76.31(g)For purposes of calculating and allocatinghomestead76.32and agricultural credit aid authorized pursuant to subdivision 276.33and thedisparity reduction aid authorized in subdivision 3, 76.34 "gross taxes levied on all properties," "gross taxes," or "taxes 76.35 levied" means the total net tax capacity based taxes levied on 76.36 all properties except that levied on the captured value of tax 77.1 increment districts as defined in section 469.177, subdivision 77.2 2, and that levied on the portion of commercial industrial 77.3 properties' assessed value or gross tax capacity, as defined in 77.4 section 473F.02, subdivision 3, subject to the areawide tax as 77.5 provided in section 473F.08, subdivision 6, in a unique taxing 77.6 jurisdiction. "Gross taxes" are before any reduction for 77.7 disparity reduction aid but "taxes levied" are after any 77.8 reduction for disparity reduction aid. Gross taxes levied or 77.9 taxes levied cannot be less than zero. 77.10"Taxes levied" excludes equalized school levies.77.11(h) "Household adjustment factor" means the number of77.12households, for the year most recently determined as of July 177.13in the aid calculation year, divided by the number of households77.14for the year immediately preceding the year for which the number77.15of households has most recently been determined as of July 1.77.16The household adjustment factor cannot be less than one.77.17(i) "Growth adjustment factor" means the household77.18adjustment factor in the case of counties. In the case of77.19cities, towns, school districts, and special taxing districts,77.20the growth adjustment factor equals one. The growth adjustment77.21factor cannot be less than one.77.22(j) "Homestead and agricultural credit base" means the77.23previous year's certified homestead and agricultural credit aid77.24determined under subdivision 2 less any permanent aid reduction77.25in the previous year to homestead and agricultural credit aid.77.26(k) "Net tax capacity adjustment" means (1) the tax base77.27differential defined in subdivision 1a, multiplied by (2) the77.28unique taxing jurisdiction's current local tax rate. The net77.29tax capacity adjustment cannot be less than zero.77.30(l) "Fiscal disparity adjustment" means a taxing77.31jurisdiction's fiscal disparity distribution levy under section77.32473F.08, subdivision 3, clause (a), or 276A.06, subdivision 3,77.33clause (a), for taxes payable in the year prior to that for77.34which aids are being calculated, multiplied by the ratio of the77.35tax base differential percent referenced in subdivision 1a for77.36the highest class rate for class 3 property for taxes payable in78.1the year prior to that for which aids are being calculated to78.2the highest class rate for class 3 property for taxes payable in78.3the second prior year to that for which aids are being78.4calculated. In the case of school districts, the fiscal78.5disparity distribution levy shall exclude that part of the levy78.6attributable to equalized school levies.78.7 Sec. 7. Minnesota Statutes 2002, section 273.1398, 78.8 subdivision 2d, is amended to read: 78.9 Subd. 2d. [AIDS DETERMINED AS OF JUNE 30.] For aid amounts 78.10 authorized undersubdivisions 2 andsubdivision 3, and section78.11273.166: (i) if the effective date for a municipal 78.12 incorporation, consolidation, annexation, detachment, 78.13 dissolution, or township organization is on or before June 30 of 78.14 the year preceding the aid distribution year, the change in 78.15 boundaries or form of government shall be recognized for aid 78.16 determinations for the aid distribution year; (ii) if the 78.17 effective date for a municipal incorporation, consolidation, 78.18 annexation, detachment, dissolution, or township organization is 78.19 after June 30 of the year preceding the aid distribution year, 78.20 the change in boundaries or form of government shall not be 78.21 recognized for aid determinations until the following year. 78.22 Sec. 8. Minnesota Statutes 2002, section 273.1398, 78.23 subdivision 3, is amended to read: 78.24 Subd. 3. [DISPARITY REDUCTION AID.](a)For taxes payable 78.25 in 2003 and subsequent years, the amount of disparity aid 78.26 certified for each taxing district within each unique taxing 78.27 jurisdiction for taxes payable in the prior year shall be 78.28 multiplied by the ratio of (1) the jurisdiction's tax capacity 78.29 using the class rates for taxes payable in the year for which 78.30 aid is being computed, to (2) its tax capacity using the class 78.31 rates for taxes payable in the year prior to that for which aid 78.32 is being computed, both based upon market values for taxes 78.33 payable in the year prior to that for which aid is being 78.34 computed. For the purposes of this aid determination, disparity 78.35 reduction aid certified for taxes payable in the prior year for 78.36 a taxing entity other than a town or school district is deemed 79.1 to be county government disparity reduction aid. The amount of 79.2 disparity aid certified to each taxing jurisdiction shall be 79.3 reduced by any reductions required in the current year or 79.4 permanent reductions required in previous years under section 79.5 477A.0132. 79.6(b) For aid payable in 2003, in each unique taxing79.7jurisdiction where the total tax rate for taxes payable in 200279.8exceeds 135 percent of taxable net tax capacity, an amount shall79.9be permanently added to the unique taxing jurisdiction's aid79.10amount under paragraph (a) equal to the lesser of: (i) the79.11amount, if any, by which 87 percent of the aid certified for79.122001 exceeds the amount certified for 2002, or (ii) the amount79.13that would be necessary to reduce the total payable 2002 tax79.14rate for the unique taxing jurisdiction to 135 percent of79.15taxable net tax capacity. The amount determined under this79.16paragraph must be added before the class rate adjustment79.17described in paragraph (a).79.18 Sec. 9. Minnesota Statutes 2003 Supplement, section 79.19 273.1398, subdivision 4c, is amended to read: 79.20 Subd. 4c. [TEMPORARY AID; COURT ADMINISTRATION COSTS.] For 79.21 calendar years 2004 and 2005, each county in a judicial district 79.22 that has not been transferred to the state by January 1 of that 79.23 year shall receive temporary court maintenance of effort cost 79.24 aid.This amount is in addition to the amount calculated under79.25subdivision 2 and must not be included in the definition of79.26homestead and agricultural credit base under subdivision 1,79.27paragraph (j).The amount of aid is equal to the difference 79.28 between (1) the amount budgeted for court administration costs 79.29 in 2001 as determined under subdivision 4b, paragraph (b), 79.30 multiplied by the maintenance of effort percent for the calendar 79.31 year as determined under subdivision 4b, paragraph (a), and (2) 79.32 the amount calculated under subdivision 4b, paragraph (a), for 79.33 calendar year 2003, except that the payment under this section 79.34 is reduced by 50 percent in the calendar year in which the 79.35 district is transferred to the state. This additional aid must 79.36 be used only to fund court administration expenditures as 80.1 defined in section 480.183, subdivision 3. This amount must be 80.2 added to the state court's base budget in the year when the 80.3 court in that judicial district in which the county is located 80.4 is transferred to the state. 80.5 Sec. 10. Minnesota Statutes 2002, section 275.07, 80.6 subdivision 1, is amended to read: 80.7 Subdivision 1. [CERTIFICATION OF LEVY.] (a) Except as 80.8 provided under paragraph (b), the taxes voted by cities, 80.9 counties, school districts, and special districts shall be 80.10 certified by the proper authorities to the county auditor on or 80.11 before five working days after December 20 in each year. A town 80.12 must certify the levy adopted by the town board to the county 80.13 auditor by September 15 each year. If the town board modifies 80.14 the levy at a special town meeting after September 15, the town 80.15 board must recertify its levy to the county auditor on or before 80.16 five working days after December 20. The taxes certifiedshall80.17not be reduced by the county auditor by the aid received under80.18section 273.1398, subdivision 2, butshall be reduced by the 80.19 county auditor by the aid received under section 273.1398, 80.20 subdivision 3. If a city, town, county, school district, or 80.21 special district fails to certify its levy by that date, its 80.22 levy shall be the amount levied by it for the preceding year. 80.23 (b)(i) The taxes voted by counties under sections 103B.241, 80.24 103B.245, and 103B.251 shall be separately certified by the 80.25 county to the county auditor on or before five working days 80.26 after December 20 in each year. The taxes certified shall not 80.27 be reduced by the county auditor by the aid received under 80.28 section 273.1398,subdivisions 2 andsubdivision 3. If a county 80.29 fails to certify its levy by that date, its levy shall be the 80.30 amount levied by it for the preceding year. 80.31 (ii) For purposes of the proposed property tax notice under 80.32 section 275.065 and the property tax statement under section 80.33 276.04, for the first year in which the county implements the 80.34 provisions of this paragraph, the county auditor shall reduce 80.35 the county's levy for the preceding year to reflect any amount 80.36 levied for water management purposes under clause (i) included 81.1 in the county's levy. 81.2 Sec. 11. Minnesota Statutes 2002, section 276.04, 81.3 subdivision 2, is amended to read: 81.4 Subd. 2. [CONTENTS OF TAX STATEMENTS.] (a) The treasurer 81.5 shall provide for the printing of the tax statements. The 81.6 commissioner of revenue shall prescribe the form of the property 81.7 tax statement and its contents. The statement must contain a 81.8 tabulated statement of the dollar amount due to each taxing 81.9 authority and the amount of the state tax from the parcel of 81.10 real property for which a particular tax statement is prepared. 81.11 The dollar amounts attributable to the county, the state tax, 81.12 the voter approved school tax, the other local school tax, the 81.13 township or municipality, and the total of the metropolitan 81.14 special taxing districts as defined in section 275.065, 81.15 subdivision 3, paragraph (i), must be separately stated. The 81.16 amounts due all other special taxing districts, if any, may be 81.17 aggregated. If the county levy under this paragraph includes an 81.18 amount for a lake improvement district as defined under sections 81.19 103B.501 to 103B.581, the amount attributable for that purpose 81.20 must be separately stated from the remaining county levy 81.21 amount. The amount of the tax on homesteads qualifying under 81.22 the senior citizens' property tax deferral program under chapter 81.23 290B is the total amount of property tax before subtraction of 81.24 the deferred property tax amount. The amount of the tax on 81.25 contamination value imposed under sections 270.91 to 270.98, if 81.26 any, must also be separately stated. The dollar amounts, 81.27 including the dollar amount of any special assessments, may be 81.28 rounded to the nearest even whole dollar. For purposes of this 81.29 section whole odd-numbered dollars may be adjusted to the next 81.30 higher even-numbered dollar. The amount of market value 81.31 excluded under section 273.11, subdivision 16, if any, must also 81.32 be listed on the tax statement. 81.33 (b) The property tax statements for manufactured homes and 81.34 sectional structures taxed as personal property shall contain 81.35 the same information that is required on the tax statements for 81.36 real property. 82.1 (c) Real and personal property tax statements must contain 82.2 the following information in the order given in this paragraph. 82.3 The information must contain the current year tax information in 82.4 the right column with the corresponding information for the 82.5 previous year in a column on the left: 82.6 (1) the property's estimated market value under section 82.7 273.11, subdivision 1; 82.8 (2) the property's taxable market value after reductions 82.9 under section 273.11, subdivisions 1a and 16; 82.10 (3) the property's gross tax, calculated by adding the 82.11 property's total property tax to the sum of the aids enumerated 82.12 in clause (4); 82.13 (4) a total of the following aids: 82.14 (i) education aids payable under chapters 122A, 123A, 123B, 82.15 124D, 125A, 126C, and 127A; 82.16 (ii) local government aids for cities, towns, and counties 82.17 under chapter 477A; and 82.18 (iii) disparity reduction aid under section 273.1398;and82.19(iv) homestead and agricultural credit aid under section82.20273.1398;82.21 (5) for homestead residential and agricultural properties, 82.22 the credits under section 273.1384; 82.23 (6) any credits received under sections 273.119; 273.123; 82.24 273.135; 273.1391; 273.1398, subdivision 4; 469.171; and 82.25 473H.10, except that the amount of credit received under section 82.26 273.135 must be separately stated and identified as "taconite 82.27 tax relief"; and 82.28 (7) the net tax payable in the manner required in paragraph 82.29 (a). 82.30 (d) If the county uses envelopes for mailing property tax 82.31 statements and if the county agrees, a taxing district may 82.32 include a notice with the property tax statement notifying 82.33 taxpayers when the taxing district will begin its budget 82.34 deliberations for the current year, and encouraging taxpayers to 82.35 attend the hearings. If the county allows notices to be 82.36 included in the envelope containing the property tax statement, 83.1 and if more than one taxing district relative to a given 83.2 property decides to include a notice with the tax statement, the 83.3 county treasurer or auditor must coordinate the process and may 83.4 combine the information on a single announcement. 83.5 The commissioner of revenue shall certify to the county 83.6 auditor the actual or estimated aids enumerated in clause (4) 83.7 that local governments will receive in the following year. The 83.8 commissioner must certify this amount by January 1 of each year. 83.9 Sec. 12. Minnesota Statutes 2003 Supplement, section 83.10 469.177, subdivision 9, is amended to read: 83.11 Subd. 9. [DISTRIBUTIONS OF EXCESS TAXES ON CAPTURED NET 83.12 TAX CAPACITY.] (a) If the amount of tax paid on captured net tax 83.13 capacity exceeds the amount of tax increment, the county auditor 83.14 shall distribute the excess to the municipality, county, and 83.15 school district as follows: each governmental unit's share of 83.16 the excess equals 83.17 (1) the total amount of the excess for the tax increment 83.18 financing district, multiplied by 83.19 (2) a fraction, the numerator of which is the current local 83.20 tax rate of the governmental unit less the governmental unit's 83.21 local tax rate for the year the original local tax rate for the 83.22 district was certified (in no case may this amount be less than 83.23 zero) and the denominator of which is the sum of the numerators 83.24 for the municipality, county, and school district. 83.25 If the entire increase in the local tax rate is attributable to 83.26 a taxing district, other than the municipality, county, or 83.27 school district, then the excess must be distributed to the 83.28 municipality, county, and school district in proportion to their 83.29 respective local tax rates. 83.30The school district's tax rate must be divided into the83.31portion of the tax rate attributable (1) to state equalized83.32levies, and (2) unequalized levies. As used in this83.33subdivision, "equalized levies" means the "equalized school83.34levies" which are defined in section 273.1398, subdivision 1,83.35for aids payable in the year following the year in which the83.36excess taxes on captured net tax capacity are due and payable.84.1Unequalized levies mean the rest of the school district's84.2levies. The calculations under clause (2) must determine the84.3amount of excess taxes attributable to each portion of the84.4school district's tax rate. If one of the portions of the84.5change in the school district tax rate is less than zero and the84.6combined change is greater than zero, the combined rate must be84.7used and all the school district's share of excess taxes84.8allocated to that portion of the tax rate.84.9 (b) The amounts distributed shall be deducted in computing 84.10 the levy limits of the taxing district for the succeeding 84.11 taxable year. In the case of a school district, only the 84.12 proportion of the excess taxes attributable to unequalized 84.13 levies that are subject to a fixed dollar amount levy limit 84.14 shall be deducted from the levy limit. 84.15 (c) In the case of distributions to a school district that 84.16 are attributable to state equalized levies, the county auditor 84.17 shall report amounts distributed to the commissioner of 84.18 education in the same manner as provided for excess increments 84.19 under section 469.176, subdivision 2, and the distribution shall 84.20 be deducted from the school district's state aid payments. 84.21 Sec. 13. Minnesota Statutes 2003 Supplement, section 84.22 473.253, subdivision 1, is amended to read: 84.23 Subdivision 1. [SOURCES OF FUNDS.] The council shall 84.24 credit to the livable communities demonstration account the 84.25 revenues provided in this subdivision. This tax shall be levied 84.26 and collected in the manner provided by section 473.13. The 84.27 levy shall not exceed the following amount for the years 84.28 specified: 84.29(a)(1)for taxes payable in 1997 through 2003, the product84.30of (i) the property tax levy limit under this subdivision for84.31the previous year multiplied by (ii) an index for market84.32valuation changes equal to the total market valuation of all84.33taxable property located within the metropolitan area for the84.34current taxes payable year divided by the total market valuation84.35of all taxable property located in the metropolitan area for the84.36previous taxes payable year;85.1(2)for taxes payable in 2004 and 2005, $8,259,070; and 85.2(3)(2) for taxes payable in 2006 and subsequent years, the 85.3 product of (i) the property tax levy limit under this 85.4 subdivision for the previous year multiplied by (ii) one plus a 85.5 percentage equal to the growth in the implicit price deflator as 85.6 defined in section 275.70, subdivision 2. 85.7(b) The Metropolitan Council, for the purposes of the fund,85.8is considered a unique taxing jurisdiction for purposes of85.9receiving aid pursuant to section 273.1398. For aid to be85.10received in 1996, the fund's homestead and agricultural credit85.11base shall equal 50 percent of the metropolitan mosquito control85.12commission's certified homestead and agricultural credit aid for85.131995, determined under section 273.1398, subdivision 2, less any85.14permanent aid reduction under section 477A.0132. For aid to be85.15received under section 273.1398 in 1997 and subsequent years,85.16the fund's homestead and agricultural credit base shall be85.17determined in accordance with section 273.1398, subdivision 1.85.18 Sec. 14. Minnesota Statutes 2002, section 477A.011, 85.19 subdivision 21, is amended to read: 85.20 Subd. 21. [EQUALIZED MARKET VALUES.] "Equalized market 85.21 values"are equalized market values as defined in section85.22273.1398, subdivision 1means market values that have been 85.23 equalized by dividing the assessor's estimated market value for 85.24 the second year prior to that in which the aid is payable by the 85.25 assessment sales ratios determined by class in the assessment 85.26 sales ratio study conducted by the Department of Revenue 85.27 pursuant to section 127A.48 in the second year prior to that in 85.28 which the aid is payable. The equalized market values equal the 85.29 unequalized market values divided by the assessment sales ratio. 85.30 Sec. 15. Minnesota Statutes 2002, section 477A.011, 85.31 subdivision 27, is amended to read: 85.32 Subd. 27. [REVENUE BASE.] "Revenue base" means the amount 85.33 levied for taxes payable in the previous year, including the 85.34 levy on the fiscal disparity distribution under section 276A.06, 85.35 subdivision 3, paragraph (a), or 473F.08, subdivision 3, 85.36 paragraph (a), and before reduction for the homestead and86.1agricultural credit aid under section 273.1398, subdivision 2,86.2equalization aid under section 477A.013, subdivision 5, and86.3disparity reduction aid under section 273.1398, subdivision 3; 86.4 plus the originally certified local government aid in the 86.5 previous year under sections 477A.011 and 477A.013; and the 86.6 taconite aids received in the previous year under sections 86.7 298.28 and 298.282. 86.8 Sec. 16. Minnesota Statutes 2002, section 477A.011, 86.9 subdivision 35, is amended to read: 86.10 Subd. 35. [TAX EFFORT RATE.] "Tax effort rate" meansthe86.11sum of (1)the net levy for all citiesplus (2) for aid payable86.12in 2002 only, the total aid payments to all cities under section86.13273.1398 in the previous year;divided by the sum of the city 86.14 net tax capacity for all cities. For purposes of this section, 86.15 "net levy" means the city levy, after all adjustments, used for 86.16 calculating the local tax rate under section 275.08 for taxes 86.17 payable in the year prior to the aid distribution. The fiscal 86.18 disparity distribution levy under chapter 276A or 473F is 86.19 included in net levy. 86.20 Sec. 17. Minnesota Statutes 2002, section 477A.015, is 86.21 amended to read: 86.22 477A.015 [PAYMENT DATES.] 86.23 The commissioner of revenue shall make the payments of 86.24 local government aid to affected taxing authorities in two 86.25 installments on July 20 and December 26 annually. 86.26 When the commissioner of public safety determines that a 86.27 local government has suffered financial hardship due to a 86.28 natural disaster, the commissioner of public safety shall notify 86.29 the commissioner of revenue, who shall make payments of 86.30homestead and agricultural credit aid under section 273.1398 and86.31 aids under sections 477A.011 to 477A.014, which are otherwise 86.32 due on December 26, as soon as is practical after the 86.33 determination is made but not before July 20. 86.34 The commissioner may pay all or part of the payments of 86.35homestead and agricultural credit aid under section 273.1398 and86.36 aids under sections 477A.011 to 477A.014, which are due on 87.1 December 26 at any time after August 15 if a local government 87.2 requests such payment as being necessary for meeting its cash 87.3 flow needs. 87.4 Sec. 18. [REPEALER.] 87.5 Minnesota Statutes 2002, sections 273.1398, subdivisions 1a 87.6 and 2e; and 275.07, subdivisions 1a and 5, are repealed.