as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to legislation; correcting erroneous, 1.3 ambiguous, and omitted text and obsolete references; 1.4 eliminating certain redundant, conflicting, and 1.5 superseded provisions; making miscellaneous technical 1.6 corrections to statutes and other laws; amending 1.7 Minnesota Statutes 1998, sections 13.551, subdivision 1.8 1; 15.0591, subdivision 2; 15A.086; 17.101, 1.9 subdivision 1; 43A.18, subdivision 4a; 47.58, 1.10 subdivision 8; 60A.74, subdivision 6; 60H.05, 1.11 subdivision 6; 103I.005, subdivision 22; 116J.966, 1.12 subdivision 1; 136A.29, subdivision 19; 145.698, 1.13 subdivision 1; 146.23, subdivision 6; 148.7805, 1.14 subdivision 1; 204C.04, subdivision 2; 245A.04, 1.15 subdivision 3; 256B.031, subdivision 2; 257.34, 1.16 subdivision 1; 270.101, subdivision 1; 273.1398, 1.17 subdivision 1; 275.065, subdivision 3a; 275.16; 1.18 281.21; 281.22; 287.28; 290.0802, subdivision 2; 1.19 299A.02; 319B.02, subdivision 13; 325D.33, subdivision 1.20 8; 325D.415; 352D.02, subdivision 1; 429.091, 1.21 subdivision 8; 430.12; 459.35; 469.036; 469.040, 1.22 subdivision 4; 469.063; 469.116, subdivision 8; 1.23 469.1733, subdivision 1; 469.178, subdivision 6; 1.24 469.203, subdivision 4; 473.3994, subdivision 13; 1.25 475.77; 574.03; and 611A.43; Minnesota Statutes 1999 1.26 Supplement, sections 3.739, subdivision 1; 10A.01, 1.27 subdivisions 1 and 35; 13.99, subdivision 11; 16E.02, 1.28 subdivision 2; 85.41, subdivision 1; 116J.70, 1.29 subdivision 2a; 119A.04, subdivision 1; 119B.011, 1.30 subdivision 15; 144A.46, subdivision 2; 147.09; 1.31 148.96, subdivision 3; 243.166, subdivision 1; 259.47, 1.32 subdivision 8; 260B.007, subdivision 20; 260C.007, 1.33 subdivision 19; 260C.163, subdivision 11; 260C.176, 1.34 subdivisions 1 and 2; 260C.178, subdivision 3; 1.35 260C.181, subdivision 2; 260C.201, subdivision 11; 1.36 260C.213, subdivision 1; 287.29, subdivision 1; 1.37 290.01, subdivision 19b; 465.797, subdivision 1; 1.38 504B.161, subdivision 1; 504B.181, subdivision 5; 1.39 515B.1-102; 515B.1-103; 515B.2-105; 515B.3-105; 1.40 515B.3-115; 515B.3-116; 515B.4-106; 515B.4-107; and 1.41 518.57, subdivision 3; Laws 1997, chapter 150, section 1.42 1; and Laws 1999, chapter 110, section 22; chapter 1.43 139, article 4, section 3; chapter 159, sections 2, 1.44 86, and 154; and chapter 205, article 1, section 1; 1.45 repealing Minnesota Statutes 1998, sections 281.20; 1.46 421.11; 421.12; 421.13; 421.14; and 462A.21, 2.1 subdivision 19; Minnesota Statutes 1999 Supplement, 2.2 section 260C.401; Laws 1987, chapter 186, section 11; 2.3 Laws 1989, chapter 282, article 5, section 45; Laws 2.4 1991, chapter 286, section 2; Laws 1994, chapter 572, 2.5 section 6; Laws 1995, chapter 207, article 4, section 2.6 21, subdivision 4; Laws 1996, chapter 412, article 4, 2.7 section 25; Laws 1997, chapter 85, article 3, section 2.8 18; article 4, section 20; chapter 187, article 1, 2.9 section 4; chapter 203, article 11, section 3; chapter 2.10 217, article 1, section 89; Laws 1998, chapter 407, 2.11 article 6, section 9; Laws 1999, chapter 154, section 2.12 3; chapter 159, sections 6, 18, 49, 90, 110, 112, and 2.13 113; chapter 177, sections 56 and 58; and chapter 216, 2.14 article 2, section 5. 2.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.15 REVISOR'S BILL 2.17 Section 1. Minnesota Statutes 1999 Supplement, section 2.18 3.739, subdivision 1, is amended to read: 2.19 Subdivision 1. [PERMISSIBLE CLAIMS.] Claims and demands 2.20 arising out of the circumstances described in this subdivision 2.21 shall be presented to, heard, and determined as provided in 2.22 subdivision 2: 2.23 (1) an injury to or death of an inmate of a state, 2.24 regional, or local correctional facility or county jail who has 2.25 been conditionally released and ordered to perform compensated 2.26 or uncompensated work for a state agency, a political 2.27 subdivision or public corporation of this state, a nonprofit 2.28 educational, medical, or social service agency, or a private 2.29 business or individual, as a condition of the release, while 2.30 performing the work; 2.31 (2) an injury to or death of a person sentenced by a court, 2.32 granted a suspended sentence by a court, or subject to a court 2.33 disposition order, and who, under court order, is performing 2.34 work (a) in restitution, (b) in lieu of or to work off fines or 2.35 court ordered costs, (c) in lieu of incarceration, or (d) as a 2.36 term or condition of a sentence, suspended sentence, or 2.37 disposition order, while performing the work; 2.38 (3) an injury to or death of a person, who has been 2.39 diverted from the court system and who is performing work as 2.40 described in paragraph (1) or (2) under a written agreement 2.41 signed by the person, and if a juvenile, by a parent or 2.42 guardian; and 3.1 (4) an injury to or death of any person caused by an 3.2 individual who was performing work as described in paragraph 3.3 (1), (2), or (3)
; or3.4 (5) necessary medical care of offenders sentenced to the3.5 Camp Ripley work program described in section 241.277. 3.6 Sec. 2. Minnesota Statutes 1999 Supplement, section 3.7 10A.01, subdivision 1, is amended to read: 3.8 Subdivision 1. [APPLICATION.] For the purposes of sections3.9 10A.01 to 10A.34this chapter, the terms defined in this section 3.10 have the meanings given them unless the context clearly 3.11 indicates otherwise. 3.12 Sec. 3. Minnesota Statutes 1999 Supplement, section 3.13 10A.01, subdivision 35, is amended to read: 3.14 Subd. 35. [PUBLIC OFFICIAL.] "Public official" means any: 3.15 (1) member of the legislature; 3.16 (2) individual employed by the legislature as secretary of 3.17 the senate, legislative auditor, chief clerk of the house, 3.18 revisor of statutes, or researcher, legislative analyst, or 3.19 attorney in the office of senate counsel and research or house 3.20 research; 3.21 (3) constitutional officer in the executive branch and the 3.22 officer's chief administrative deputy; 3.23 (4) solicitor general or deputy, assistant, or special 3.24 assistant attorney general; 3.25 (5) commissioner, deputy commissioner, or assistant 3.26 commissioner of any state department or agency as listed in 3.27 section 15.01 or 15.06; 3.28 (6) member, chief administrative officer, or deputy chief 3.29 administrative officer of a state board or commission that has 3.30 either the power to adopt, amend, or repeal rules, or the power 3.31 to adjudicate contested cases or appeals; 3.32 (7) individual employed in the executive branch who is 3.33 authorized to adopt, amend, or repeal rules or adjudicate 3.34 contested cases; 3.35 (8) executive director of the state board of investment; 3.36 (9) deputy of any official listed in clauses (7) and (8); 4.1 (10) judge of the workers' compensation court of appeals; 4.2 (11) administrative law judge or compensation judge in the 4.3 state office of administrative hearings or referee in the 4.4 department of economic security; 4.5 (12) member, regional administrator, division director, 4.6 general counsel, or operations manager of the metropolitan 4.7 council; 4.8 (13) member or chief administrator of a metropolitan 4.9 agency; 4.10 (14) director of the division of alcohol and gambling 4.11 enforcement in the department of public safety; 4.12 (15) member or executive director of the higher education 4.13 facilities authority; 4.14 (16) member of the board of directors or president of the4.15 Minnesota world trade center corporation orMinnesota 4.16 Technology, Inc.; or 4.17 (17) member of the board of directors or executive director 4.18 of the Minnesota state high school league. 4.19 Sec. 4. Minnesota Statutes 1998, section 13.551, 4.20 subdivision 1, is amended to read: 4.21 Subdivision 1. [SAINT PAUL PORT AUTHORITY.] The following 4.22 data not on individuals collected and maintained by the Saint 4.23 Paul port authority are classified as protected nonpublic, until 4.24 30 days before the date of a hearing on a proposed sale pursuant 4.25 to section 469.065: financial studies and reports that are part 4.26 of appraisers' estimates of value of or concerning projects as 4.27 defined in chapter 474469, prepared by personnel of the port 4.28 authority or independent accountants, consultants, and 4.29 appraisers for the purpose of marketing by sale or lease a 4.30 project which the port authority has acquired or repossessed as 4.31 the result of the default under and the termination of a revenue 4.32 agreement as defined in chapter 474469. 4.33 Sec. 5. Minnesota Statutes 1999 Supplement, section 13.99, 4.34 subdivision 11, is amended to read: 4.35 Subd. 11. [WORLD TRADE CENTER.] Certain data received or 4.36 developed by the governing board ofcommissioner of trade and 5.1 economic development with respect to the Minnesota world trade 5.2 center corporationare classified in section 44A.08116J.9665, 5.3 subdivision 7. 5.4 Sec. 6. Minnesota Statutes 1998, section 15.0591, 5.5 subdivision 2, is amended to read: 5.6 Subd. 2. [BODIES AFFECTED.] A member meeting the 5.7 qualifications in subdivision 1 must be appointed to the 5.8 following boards, commissions, advisory councils, task forces, 5.9 or committees: 5.10 (1) advisory council on battered women; 5.11 (2) advisory task force on the use of state facilities; 5.12 (3) alcohol and other drug abuse advisory council; 5.13 (4) board of examiners for nursing home administrators; 5.14 (5) board on aging; 5.15 (6) chiropractic examiners board; 5.16 (7) consumer advisory council on vocational rehabilitation; 5.17 (8) council on disability; 5.18 (9) council on affairs of Chicano/Latino people; 5.19 (10) council on Black Minnesotans; 5.20 (11) dentistry board; 5.21 (12) department of economic security advisory council; 5.22 (13) higher education services office; 5.23 (14) housing finance agency; 5.24 (15) Indian advisory council on chemical dependency; 5.25 (16) medical practice board; 5.26 (17) medical policy directional task force on mental 5.27 health; 5.28 (18) Minnesota employment and economic development task 5.29 force; 5.30 (19) Minnesota office of citizenship and volunteer services 5.31 advisory committee; 5.32 (20) Minnesota state arts board; 5.33 (21) nursing board; 5.34 (22) optometry board; 5.35 (23) pharmacy board; 5.36 (24) board of physical therapists counciltherapy; 6.1 (25) podiatry board; 6.2 (26) psychology board; 6.3 (27) veterans advisory committee. 6.4 Sec. 7. Minnesota Statutes 1998, section 15A.086, is 6.5 amended to read: 6.6 15A.086 [LIMITS ON BONUS PAYMENTS.] 6.7 Notwithstanding any law to the contrary, an employee of the 6.8 state lottery or of a public corporation or nonprofit 6.9 corporation created by law may not receive bonus payments in any 6.10 year that exceed ten percent of the employee's base salary for 6.11 that year. For purposes of this section, bonus payments include 6.12 any combination of merit pay, achievement awards, or any other 6.13 cash payments in addition to base salary, other than severance 6.14 pay or overtime or holiday pay. Groups covered by this section 6.15 include, but are not limited to, the Workers' Compensation 6.16 Reinsurance Association, the Minnesota Insurance Guaranty 6.17 Association, the Fair plan, the Joint Underwriters Association, 6.18 the Minnesota Joint Underwriters Association, the Life and 6.19 Health Guaranty Association, the Minnesota Comprehensive Health 6.20 Association, the Minnesota State High School League, Minnesota 6.21 Technology, Inc., Agricultural Utilization Research Institute, 6.22 Minnesota Project Outreach Corporation, State Fund Mutual 6.23 Insurance Company, the World Trade Center Corporation,and the 6.24 State Agricultural Society. This section does not give any 6.25 entity authority to grant a bonus not otherwise authorized by 6.26 law. 6.27 Sec. 8. Minnesota Statutes 1999 Supplement, section 6.28 16E.02, subdivision 2, is amended to read: 6.29 Subd. 2. [INTERGOVERNMENTAL PARTICIPATION.] The 6.30 commissioner of administration or the commissioner's designee 6.31 shall serve as a member of the Minnesota education 6.32 telecommunications council, the geographic information systems 6.33 council, the library planning task force, or their respective 6.34 successor organizations, and as a member of Minnesota 6.35 Technology, Inc. ,and the Minnesota health data institute as a 6.36 nonvoting member , and the Minnesota world trade center7.1 corporation. 7.2 Sec. 9. Minnesota Statutes 1998, section 17.101, 7.3 subdivision 1, is amended to read: 7.4 Subdivision 1. [DEPARTMENTAL DUTIES.] For the purposes of 7.5 expanding, improving, and developing production and marketing of 7.6 products of Minnesota agriculture, the commissioner shall 7.7 encourage and promote the production and marketing of these 7.8 products by means of: 7.9 (a) advertising Minnesota agricultural products; 7.10 (b) assisting state agricultural commodity organizations; 7.11 (c) developing methods to increase processing and marketing 7.12 of agricultural commodities including commodities not being 7.13 produced in Minnesota on a commercial scale, but which may have 7.14 economic potential in national and international markets; 7.15 (d) investigating and identifying new marketing technology 7.16 and methods to enhance the competitive position of Minnesota 7.17 agricultural products; 7.18 (e) evaluating livestock marketing opportunities; 7.19 (f) assessing and developing national and international 7.20 markets for Minnesota agricultural products; 7.21 (g) studying the conversion of raw agricultural products to 7.22 manufactured products including ethanol; 7.23 (h) hosting the visits of foreign trade teams to Minnesota 7.24 and defraying the teams' expenses; 7.25 (i) assisting Minnesota agricultural businesses desiring to 7.26 sell their products; 7.27 (j) conducting research to eliminate or reduce specific 7.28 production or technological barriers to market development and 7.29 trade; and 7.30 (k) other activities the commissioner deems appropriate to 7.31 promote Minnesota agricultural products, provided that the 7.32 activities do not duplicate programs or services provided by the 7.33 Minnesota trade division or the Minnesota world trade center 7.34 corporation. 7.35 Sec. 10. Minnesota Statutes 1998, section 43A.18, 7.36 subdivision 4a, is amended to read: 8.1 Subd. 4a. [COMPENSATION REPORTS.] On July 1 of each 8.2 odd-numbered year the state agricultural society, the World8.3 Trade Center corporation board of directors,the Minnesota 8.4 Technology, Inc. board of directors, and the governing board of 8.5 the Minnesota state high school league shall each submit a 8.6 report to the legislative commission on employee relations on 8.7 the total compensation plan for their employees. 8.8 Sec. 11. Minnesota Statutes 1998, section 47.58, 8.9 subdivision 8, is amended to read: 8.10 Subd. 8. [COUNSELING; REQUIREMENT; PENALTY.] A lender, 8.11 mortgage banking company, or other mortgage lender not related 8.12 to the mortgagor must keep a certificate on file documenting 8.13 that the borrower, prior to entering into the reverse mortgage 8.14 loan, received counseling as defined in this subdivision from an 8.15 organization that meets the requirements of section 462A.28,8.16 subdivision 1,462A.209 and is a housing counseling agency 8.17 approved by the Department of Housing and Urban Development. 8.18 The certificate must be signed by the mortgagor and the 8.19 counselor and include the date of the counseling, the name, 8.20 address, and telephone number of both the mortgagor and the 8.21 organization providing counseling. A failure by the lender to 8.22 comply with this subdivision results in a $1,000 civil penalty 8.23 payable to the mortgagor. For the purposes of this subdivision, 8.24 "counseling" means the following services are provided to the 8.25 borrower: 8.26 (1) a review of the advantages and disadvantages of reverse 8.27 mortgage programs; 8.28 (2) an explanation of how the reverse mortgage affects the 8.29 borrower's estate and public benefits; 8.30 (3) an explanation of the lending process; 8.31 (4) a discussion of the borrower's supplemental income 8.32 needs; and 8.33 (5) an opportunity to ask questions of the counselor. 8.34 Sec. 12. Minnesota Statutes 1998, section 60A.74, 8.35 subdivision 6, is amended to read: 8.36 Subd. 6. [RESTRICTION ON BOARD APPOINTMENTS.] A reinsurer 9.1 shall not appoint to its board of directors, any officer, 9.2 director, employee, controlling shareholder, or subproducer of 9.3 its RM. This subdivision does not apply to relationships 9.4 governed by chapter 60D or, if applicable, the Business 9.5 Transacted With Producer Controlled Property/CasualtyInsurer 9.6 Act, sections 60J.06 to 60J.11. 9.7 Sec. 13. Minnesota Statutes 1998, section 60H.05, 9.8 subdivision 6, is amended to read: 9.9 Subd. 6. [PROHIBITED APPOINTMENTS.] An insurer shall not 9.10 appoint to its board of directors an officer, director, 9.11 employee, subagent, or controlling shareholder of its managing 9.12 general agents. This section does not apply to relationships 9.13 governed by the Insurance Holding Company Act, chapter 60D, or, 9.14 if applicable, the Business Transacted With Producer Controlled 9.15 Insurer Act, chapter 60J. 9.16 Sec. 14. Minnesota Statutes 1999 Supplement, section 9.17 85.41, subdivision 1, is amended to read: 9.18 Subdivision 1. [ON PERSON.] While skiing on cross-country 9.19 ski trails, a person age 16 andor over shall carry in immediate 9.20 possession a valid, signed cross-country ski pass. A landowner 9.21 who grants an easement for a grant-in-aid ski trail is not 9.22 required to have a pass when skiing on the landowner's property. 9.23 Sec. 15. Minnesota Statutes 1998, section 103I.005, 9.24 subdivision 22, is amended to read: 9.25 Subd. 22. [WELL DISCLOSURE CERTIFICATE.] "Well disclosure 9.26 certificate" means a certificate containing the requirements of 9.27 section 103I.235, subdivision 1, paragraph (e)(k). 9.28 Sec. 16. Minnesota Statutes 1999 Supplement, section 9.29 116J.70, subdivision 2a, is amended to read: 9.30 Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or 9.31 "license" does not include the following: 9.32 (1) any occupational license or registration issued by a 9.33 licensing board listed in section 214.01 or any occupational 9.34 registration issued by the commissioner of health pursuant to 9.35 section 214.13; 9.36 (2) any license issued by a county, home rule charter city, 10.1 statutory city, township, or other political subdivision; 10.2 (3) any license required to practice the following 10.3 occupation regulated by the following sections: 10.4 (i) abstracters regulated pursuant to chapter 386; 10.5 (ii) accountants regulated pursuant to chapter 326; 10.6 (iii) adjusters regulated pursuant to chapter 72B; 10.7 (iv) architects regulated pursuant to chapter 326; 10.8 (v) assessors regulated pursuant to chapter 270; 10.9 (vi) athletic trainers regulated pursuant to chapter 148; 10.10 (vii) attorneys regulated pursuant to chapter 481; 10.11 (viii) auctioneers regulated pursuant to chapter 330; 10.12 (ix) barbers regulated pursuant to chapter 154; 10.13 (x) beauticians regulated pursuant to chapter 155A; 10.14 (xi) boiler operators regulated pursuant to chapter 183; 10.15 (xii) chiropractors regulated pursuant to chapter 148; 10.16 (xiii) collection agencies regulated pursuant to chapter 10.17 332; 10.18 (xiv) cosmetologists regulated pursuant to chapter 155A; 10.19 (xv) dentists, registered dental assistants, and dental 10.20 hygienists regulated pursuant to chapter 150A; 10.21 (xvi) detectives regulated pursuant to chapter 326; 10.22 (xvii) electricians regulated pursuant to chapter 326; 10.23 (xviii) mortuary science practitioners regulated pursuant 10.24 to chapter 149A; 10.25 (xix) engineers regulated pursuant to chapter 326; 10.26 (xx) insurance brokers and salespersons regulated pursuant 10.27 to chapter 60A; 10.28 (xxi) certified interior designers regulated pursuant to 10.29 chapter 326; 10.30 (xxii) midwives regulated pursuant to chapter 148147D; 10.31 (xxiii) nursing home administrators regulated pursuant to 10.32 chapter 144A; 10.33 (xxiv) optometrists regulated pursuant to chapter 148; 10.34 (xxv) osteopathic physicians regulated pursuant to chapter 10.35 147; 10.36 (xxvi) pharmacists regulated pursuant to chapter 151; 11.1 (xxvii) physical therapists regulated pursuant to chapter 11.2 148; 11.3 (xxviii) physician assistants regulated pursuant to chapter 11.4 147A; 11.5 (xxix) physicians and surgeons regulated pursuant to 11.6 chapter 147; 11.7 (xxx) plumbers regulated pursuant to chapter 326; 11.8 (xxxi) podiatrists regulated pursuant to chapter 153; 11.9 (xxxii) practical nurses regulated pursuant to chapter 148; 11.10 (xxxiii) professional fund raisers regulated pursuant to 11.11 chapter 309; 11.12 (xxxiv) psychologists regulated pursuant to chapter 148; 11.13 (xxxv) real estate brokers, salespersons, and others 11.14 regulated pursuant to chapters 82 and 83; 11.15 (xxxvi) registered nurses regulated pursuant to chapter 11.16 148; 11.17 (xxxvii) securities brokers, dealers, agents, and 11.18 investment advisers regulated pursuant to chapter 80A; 11.19 (xxxviii) steamfitters regulated pursuant to chapter 326; 11.20 (xxxix) teachers and supervisory and support personnel 11.21 regulated pursuant to chapter 125; 11.22 (xl) veterinarians regulated pursuant to chapter 156; 11.23 (xli) water conditioning contractors and installers 11.24 regulated pursuant to chapter 326; 11.25 (xlii) water well contractors regulated pursuant to chapter 11.26 103I; 11.27 (xliii) water and waste treatment operators regulated 11.28 pursuant to chapter 115; 11.29 (xliv) motor carriers regulated pursuant to chapter 221; 11.30 (xlv) professional firms regulated under chapter 319B; 11.31 (xlvi) real estate appraisers regulated pursuant to chapter 11.32 82B; 11.33 (xlvii) residential building contractors, residential 11.34 remodelers, residential roofers, manufactured home installers, 11.35 and specialty contractors regulated pursuant to chapter 326; 11.36 (4) any driver's license required pursuant to chapter 171; 12.1 (5) any aircraft license required pursuant to chapter 360; 12.2 (6) any watercraft license required pursuant to chapter 12.3 86B; 12.4 (7) any license, permit, registration, certification, or 12.5 other approval pertaining to a regulatory or management program 12.6 related to the protection, conservation, or use of or 12.7 interference with the resources of land, air, or water, which is 12.8 required to be obtained from a state agency or instrumentality; 12.9 and 12.10 (8) any pollution control rule or standard established by 12.11 the pollution control agency or any health rule or standard 12.12 established by the commissioner of health or any licensing rule 12.13 or standard established by the commissioner of human services. 12.14 Sec. 17. Minnesota Statutes 1998, section 116J.966, 12.15 subdivision 1, is amended to read: 12.16 Subdivision 1. [GENERALLY.] (a) The commissioner shall 12.17 promote, develop, and facilitate trade and foreign investment in 12.18 Minnesota. In furtherance of these goals, and in addition to 12.19 the powers granted by section 116J.035, the commissioner may: 12.20 (1) locate, develop, and promote international markets for 12.21 Minnesota products and services; 12.22 (2) arrange and lead trade missions to countries with 12.23 promising international markets for Minnesota goods, technology, 12.24 services, and agricultural products; 12.25 (3) promote Minnesota products and services at domestic and 12.26 international trade shows; 12.27 (4) organize, promote, and present domestic and 12.28 international trade shows featuring Minnesota products and 12.29 services; 12.30 (5) host trade delegations and assist foreign traders in 12.31 contacting appropriate Minnesota businesses and investments; 12.32 (6) develop contacts with Minnesota businesses and gather 12.33 and provide information to assist them in locating and 12.34 communicating with international trading or joint venture 12.35 counterparts; 12.36 (7) provide information, education, and counseling services 13.1 to Minnesota businesses regarding the economic, commercial, 13.2 legal, and cultural contexts of international trade; 13.3 (8) provide Minnesota businesses with international trade 13.4 leads and information about the availability and sources of 13.5 services relating to international trade, such as export 13.6 financing, licensing, freight forwarding, international 13.7 advertising, translation, and custom brokering; 13.8 (9) locate, attract, and promote foreign direct investment 13.9 and business development in Minnesota to enhance employment 13.10 opportunities in Minnesota; 13.11 (10) provide foreign businesses and investors desiring to 13.12 locate facilities in Minnesota information regarding sources of 13.13 governmental, legal, real estate, financial, and business 13.14 services; 13.15 (11) enter into contracts or other agreements with private 13.16 persons and public entities, including agreements to establish 13.17 and maintain offices and other types of representation in 13.18 foreign countries, to carry out the purposes of promoting 13.19 international trade and attracting investment from foreign 13.20 countries to Minnesota and to carry out this section, without 13.21 regard to section 16C.06; and 13.22 (12) enter into administrative, programming, and service13.23 partnerships with the Minnesota world trade center; and13.24 (13)market trade-related materials to businesses and 13.25 organizations, and the proceeds of which must be placed in a 13.26 special revolving account and are appropriated to the 13.27 commissioner to prepare and distribute trade-related materials. 13.28 (b) The programs and activities of the commissioner of 13.29 trade and economic development and the Minnesota trade division 13.30 may not duplicate programs and activities of the commissioner of 13.31 agriculture or the Minnesota world trade center corporation. 13.32 (c) The commissioner shall notify the chairs of the senate 13.33 finance and house appropriations committees of each agreement 13.34 under this subdivision to establish and maintain an office or 13.35 other type of representation in a foreign country. 13.36 Sec. 18. Minnesota Statutes 1999 Supplement, section 14.1 119A.04, subdivision 1, is amended to read: 14.2 Subdivision 1. [DEPARTMENT OF HUMAN SERVICES.] The powers 14.3 and duties of the department of human services with respect to 14.4 the following programs are transferred to the department of 14.5 children, families, and learning under section 15.039. The 14.6 programs needing federal approval to transfer shall be 14.7 transferred when the federal government grants transfer 14.8 authority to the commissioner: 14.9 (1) children's trust fund under sections 119A.10 to 14.10 119A.17; 14.11 (2) the family services and community-based collaboratives 14.12 under section 124D.23; 14.13 (3) the early childhood care and education council under14.14 section 119B.17;14.15 (4)the child care programs under sections 119B.011 to 14.16 119B.16; 14.17 (5)(4) the migrant child care program under section 14.18 256.01; 14.19 (6)(5) the child care resource and referral program under 14.20 sections 119B.18 and119B.19 and 119B.211; and 14.21 (7)(6) the child care service development program under 14.22 sections 119B.189 to 119B.24. 14.23 Sec. 19. Minnesota Statutes 1999 Supplement, section 14.24 119B.011, subdivision 15, is amended to read: 14.25 Subd. 15. [INCOME.] "Income" means earned or unearned 14.26 income received by all family members, including public 14.27 assistance cash benefits and at-home infant care subsidy 14.28 payments, unless specifically excluded. The following are 14.29 excluded from income: funds used to pay for health insurance 14.30 premiums for family members, Supplemental Security Income, 14.31 scholarships, work-study income, and grants that cover costs or 14.32 reimbursement for tuition, fees, books, and educational 14.33 supplies; student loans for tuition, fees, books, supplies, and 14.34 living expenses; state and federal earned income tax credits; 14.35 in-kind income such as food stamps, energy assistance, foster 14.36 care assistance, medical assistance, child care assistance, and 15.1 housing subsidies; earned income of full or part-time students, 15.2 who have not earned a high school diploma or GED high school 15.3 equivalency diploma including earnings from summer employment; 15.4 grant awards under the family subsidy program; nonrecurring lump 15.5 sum income only to the extent that it is earmarked and used for 15.6 the purpose for which it is paid; and any income assigned to the 15.7 public authority according to section 256.74 or256.741. 15.8 Sec. 20. Minnesota Statutes 1998, section 136A.29, 15.9 subdivision 19, is amended to read: 15.10 Subd. 19. Before the issuance of any revenue bonds under 15.11 the provisions of sections 136A.25 to 136A.42, any member or 15.12 officer of the authority authorized by resolution of the 15.13 authority to handle funds or sign checks of the authority shall 15.14 be covered under a surety or fidelity bond in an amount to be 15.15 determined by the authority. Each such bond shall be 15.16 conditioned upon the faithful performance of the duties of the 15.17 office of the member or officer, shall be executed by a surety 15.18 company authorized to transact business in the state of 15.19 Minnesota as surety , and shall be procured under supervision of15.20 the public examiner and commissioner of administration under15.21 section 574.02 and shall be approved by the attorney general and15.22 filed in the office of the secretary of state as provided in15.23 section 574.02. The cost of each such bond shall be paid by the 15.24 authority. 15.25 Sec. 21. Minnesota Statutes 1999 Supplement, section 15.26 144A.46, subdivision 2, is amended to read: 15.27 Subd. 2. [EXEMPTIONS.] The following individuals or 15.28 organizations are exempt from the requirement to obtain a home 15.29 care provider license: 15.30 (1) a person who is licensed as a registered nurse under 15.31 sections 148.171 to 148.285 and who independently provides 15.32 nursing services in the home without any contractual or 15.33 employment relationship to a home care provider or other 15.34 organization; 15.35 (2) a personal care assistant who provides services to only 15.36 one individual under the medical assistance program as 16.1 authorized under sections 256B.0625, subdivision 1919a, and 16.2 256B.04, subdivision 16; 16.3 (3) a person or organization that exclusively offers, 16.4 provides, or arranges for personal care assistant services to 16.5 only one individual under the medical assistance program as 16.6 authorized under sections 256B.0625, subdivision 1919a, and 16.7 256B.04, subdivision 16; 16.8 (4) a person who is licensed under sections 148.65 to 16.9 148.78 and who independently provides physical therapy services 16.10 in the home without any contractual or employment relationship 16.11 to a home care provider or other organization; 16.12 (5) a provider that is licensed by the commissioner of 16.13 human services to provide semi-independent living services under 16.14 Minnesota Rules, parts 9525.0500 to 9525.0660 when providing 16.15 home care services to a person with a developmental disability; 16.16 (6) a provider that is licensed by the commissioner of 16.17 human services to provide home and community-based services 16.18 under Minnesota Rules, parts 9525.2000 to 9525.2140 when 16.19 providing home care services to a person with a developmental 16.20 disability; 16.21 (7) a person or organization that provides only home 16.22 management services, if the person or organization is registered 16.23 under section 144A.461; or 16.24 (8) a person who is licensed as a social worker under 16.25 sections 148B.18 to 148B.289 and who provides social work 16.26 services in the home independently and not through any 16.27 contractual or employment relationship with a home care provider 16.28 or other organization. 16.29 An exemption under this subdivision does not excuse the 16.30 individual from complying with applicable provisions of the home 16.31 care bill of rights. 16.32 Sec. 22. Minnesota Statutes 1998, section 145.698, 16.33 subdivision 1, is amended to read: 16.34 Subdivision 1. [AUTHORITY.] When a person has been accused 16.35 of violating any state or local law or ordinance in district 16.36 court, and if it appears to the court that the defendant may be 17.1 a drug dependent person, or by reason of the repeated use of 17.2 drugs may not be responsible for that person's actions, the 17.3 court may adjourn the proceedings and order the county attorney 17.4 to file a petition for commitment of the defendant pursuant 17.5 to chapter 253B, the Minnesota Hospitalization and17.6 Commitment and Treatment Act, for confinement in a hospital, a 17.7 mental health center, the Willmar regional treatment center or 17.8 other drug treatment facility until such time as the court feels 17.9 that such person can be returned to the court. 17.10 Sec. 23. Minnesota Statutes 1998, section 146.23, 17.11 subdivision 6, is amended to read: 17.12 Subd. 6. [SCOPE OF PRACTICE.] Nothing in this section 17.13 expands or limits the scope of practice of registeredlicensed 17.14 physical therapists or occupational therapists certified by the 17.15 American Occupational Therapy Certification Board. 17.16 Sec. 24. Minnesota Statutes 1999 Supplement, section 17.17 147.09, is amended to read: 17.18 147.09 [EXEMPTIONS.] 17.19 Section 147.081 does not apply to, control, prevent or 17.20 restrict the practice, service, or activities of: 17.21 (1) A person who is a commissioned medical officer of, a 17.22 member of, or employed by, the armed forces of the United 17.23 States, the United States Public Health Service, the Veterans 17.24 Administration, any federal institution or any federal agency 17.25 while engaged in the performance of official duties within this 17.26 state, if the person is licensed elsewhere. 17.27 (2) A licensed physician from a state or country who is in 17.28 actual consultation here. 17.29 (3) A licensed or registered physician who treats the 17.30 physician's home state patients or other participating patients 17.31 while the physicians and those patients are participating 17.32 together in outdoor recreation in this state as defined by 17.33 section 86A.03, subdivision 3. A physician shall first register 17.34 with the board on a form developed by the board for that 17.35 purpose. The board shall not be required to promulgate the 17.36 contents of that form by rule. No fee shall be charged for this 18.1 registration. 18.2 (4) A student practicing under the direct supervision of a 18.3 preceptor while the student is enrolled in and regularly 18.4 attending a recognized medical school. 18.5 (5) A student who is in continuing training and performing 18.6 the duties of an intern or resident or engaged in postgraduate 18.7 work considered by the board to be the equivalent of an 18.8 internship or residency in any hospital or institution approved 18.9 for training by the board, provided the student has a residency 18.10 permit issued by the board under section 147.0391. 18.11 (6) A person employed in a scientific, sanitary, or 18.12 teaching capacity by the state university, the department of 18.13 children, families, and learning, or by anya public or private 18.14 school, college, or other bona fide educational institution, a 18.15 nonprofit organization, which has tax-exempt status in 18.16 accordance with the Internal Revenue Code, section 501(c)(3), 18.17 and is organized and operated primarily for the purpose of 18.18 conducting scientific research directed towards discovering the 18.19 causes of and cures for human diseases, or the state department 18.20 of health, whose duties are entirely of a research, public 18.21 health, or educational character, while engaged in such duties; 18.22 provided that if the research includes the study of humans, such 18.23 research shall be conducted under the supervision of one or more 18.24 physicians licensed under this chapter. 18.25 (7) Physician's assistants registered in this state. 18.26 (8) A doctor of osteopathy duly licensed by the state board 18.27 of osteopathy under Minnesota Statutes 1961, sections 148.11 to 18.28 148.16, prior to May 1, 1963, who has not been granted a license 18.29 to practice medicine in accordance with this chapter provided 18.30 that the doctor confines activities within the scope of the 18.31 license. 18.32 (9) Any person licensed by a health related licensing 18.33 board, as defined in section 214.01, subdivision 2, or 18.34 registered by the commissioner of health pursuant to section 18.35 214.13, including psychological practitioners with respect to 18.36 the use of hypnosis; provided that the person confines 19.1 activities within the scope of the license. 19.2 (10) A person who practices ritual circumcision pursuant to 19.3 the requirements or tenets of any established religion. 19.4 (11) A Christian Scientist or other person who endeavors to 19.5 prevent or cure disease or suffering exclusively by mental or 19.6 spiritual means or by prayer. 19.7 (12) A physician licensed to practice medicine in another 19.8 state who is in this state for the sole purpose of providing 19.9 medical services at a competitive athletic event. The physician 19.10 may practice medicine only on participants in the athletic 19.11 event. A physician shall first register with the board on a 19.12 form developed by the board for that purpose. The board shall 19.13 not be required to adopt the contents of the form by rule. The 19.14 physician shall provide evidence satisfactory to the board of a 19.15 current unrestricted license in another state. The board shall 19.16 charge a fee of $50 for the registration. 19.17 (13) A psychologist licensed under section 148.907 or a 19.18 social worker licensed under section 148B.21 who uses or 19.19 supervises the use of a penile or vaginal plethysmograph in 19.20 assessing and treating individuals suspected of engaging in 19.21 aberrant sexual behavior and sex offenders. 19.22 (14) Any person issued a training course certificate or 19.23 credentialed by the emergency medical services regulatory board 19.24 established in chapter 144E, provided the person confines 19.25 activities within the scope of training at the certified or 19.26 credentialed level. 19.27 Sec. 25. Minnesota Statutes 1998, section 148.7805, 19.28 subdivision 1, is amended to read: 19.29 Subdivision 1. [CREATION; MEMBERSHIP.] The athletic 19.30 trainer's advisory council is created and is composed of eight 19.31 members appointed by the board. The advisory council consists 19.32 of: 19.33 (1) two public members as defined in section 214.02; 19.34 (2) three members who, except for initial appointees, are 19.35 registered athletic trainers, one being both a registered19.36 licensed physical therapist and registered athletic trainer as 20.1 submitted by the Minnesota American Physical Therapy 20.2 Association; 20.3 (3) two members who are medical physicians licensed by the 20.4 state and have experience with athletic training and sports 20.5 medicine; and 20.6 (4) one member who is a doctor of chiropractic licensed by 20.7 the state and has experience with athletic training and sports 20.8 injuries. 20.9 Sec. 26. Minnesota Statutes 1999 Supplement, section 20.10 148.96, subdivision 3, is amended to read: 20.11 Subd. 3. [REQUIREMENTS FOR REPRESENTATIONS TO THE PUBLIC.] 20.12 (a) Unless licensed under sections 148.88 to 148.98, except as 20.13 provided in paragraphs (b) through (e), persons shall not 20.14 represent themselves or permit themselves to be represented to 20.15 the public by: 20.16 (1) using any title or description of services 20.17 incorporating the words "psychology," "psychological," 20.18 "psychological practitioner," or "psychologist"; or 20.19 (2) representing that the person has expert qualifications 20.20 in an area of psychology. 20.21 (b) Psychologically trained individuals who are employed by 20.22 an educational institution recognized by a regional accrediting 20.23 organization, by a federal, state, county, or local government 20.24 institution, by agencies, or by research facilities, may 20.25 represent themselves by the title designated by that 20.26 organization provided that the title does not indicate that the 20.27 individual is credentialed by the board. 20.28 (c) A psychologically trained individual from an 20.29 institution described in paragraph (b) may offer lecture 20.30 services and is exempt from the provisions of this section. 20.31 (d) A person who is preparing for the practice of 20.32 psychology under supervision in accordance with board statutes 20.33 and rules may be designated as a "psychological intern," 20.34 "psychological trainee," or by other terms clearly describing 20.35 the person's training status. 20.36 (e) Former licensees who are completely retired from the 21.1 practice of psychology may represent themselves using the 21.2 descriptions in paragraph (a), clauses (1) and (2), but shall 21.3 not represent themselves or allow themselves to be represented 21.4 as current licensees of the board. 21.5 (f) Nothing in this section shall be construed to prohibit 21.6 the practice of school psychology by a person licensed in 21.7 accordance with chapters 122A and 129. 21.8 Sec. 27. Minnesota Statutes 1998, section 204C.04, 21.9 subdivision 2, is amended to read: 21.10 Subd. 2. [ELECTIONS COVERED.] For purposes of this 21.11 section, "election" means a regularly scheduled state primary or 21.12 general election, an election to fill a vacancy in the office of 21.13 United States senator or United States representative, or an 21.14 election to fill a vacancy in the office of state senator or 21.15 state representative , or a presidential primary as described in21.16 section 207A.01 unless it is conducted by mail. 21.17 Sec. 28. Minnesota Statutes 1999 Supplement, section 21.18 243.166, subdivision 1, is amended to read: 21.19 Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall 21.20 register under this section if: 21.21 (1) the person was charged with or petitioned for a felony 21.22 violation of or attempt to violate any of the following, and 21.23 convicted of or adjudicated delinquent for that offense or 21.24 another offense arising out of the same set of circumstances: 21.25 (i) murder under section 609.185, clause (2); or 21.26 (ii) kidnapping under section 609.25; or 21.27 (iii) criminal sexual conduct under section 609.342; 21.28 609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 21.29 (iv) indecent exposure under section 617.23, subdivision 3; 21.30 or 21.31 (2) the person was charged with or petitioned for falsely 21.32 imprisoning a minor in violation of section 609.255, subdivision 21.33 2; soliciting a minor to engage in prostitution in violation of 21.34 section 609.322 or 609.324; soliciting a minor to engage in 21.35 sexual conduct in violation of section 609.352; using a minor in 21.36 a sexual performance in violation of section 617.246; or 22.1 possessing pictorial representations of minorspornographic work 22.2 involving a minor in violation of section 617.247, and convicted 22.3 of or adjudicated delinquent for that offense or another offense 22.4 arising out of the same set of circumstances; or 22.5 (3) the person was convicted of a predatory crime as 22.6 defined in section 609.108, and the offender was sentenced as a 22.7 patterned sex offender or the court found on its own motion or 22.8 that of the prosecutor that the crime was part of a predatory 22.9 pattern of behavior that had criminal sexual conduct as its 22.10 goal; or 22.11 (4) the person was convicted of or adjudicated delinquent 22.12 for violating a law of the United States similar to the offenses 22.13 described in clause (1), (2), or (3). 22.14 (b) A person also shall register under this section if: 22.15 (1) the person was convicted of or adjudicated delinquent 22.16 in another state for an offense that would be a violation of a 22.17 law described in paragraph (a) if committed in this state; 22.18 (2) the person enters the state as required in subdivision 22.19 3, paragraph (b); and 22.20 (3) ten years have not elapsed since the person was 22.21 released from confinement or, if the person was not confined, 22.22 since the person was convicted of or adjudicated delinquent for 22.23 the offense that triggers registration. 22.24 (c) A person also shall register under this section if the 22.25 person was committed pursuant to a court commitment order under 22.26 section 253B.185 or Minnesota Statutes 1992, section 526.10, 22.27 regardless of whether the person was convicted of any offense. 22.28 (d) A person also shall register under this section if: 22.29 (1) the person was charged with or petitioned for a felony 22.30 violation or attempt to violate any of the offenses listed in 22.31 paragraph (a), clause (1), or a similar law of another state or 22.32 federal jurisdiction, or the person was charged with or 22.33 petitioned for a violation of any of the offenses listed in 22.34 paragraph (a), clause (2), or a similar law of another state or 22.35 federal jurisdiction; 22.36 (2) the person was found not guilty by reason of mental 23.1 illness or mental deficiency after a trial for that offense, or 23.2 found guilty but mentally ill after a trial for that offense, in 23.3 states with a guilty but mentally ill verdict; and 23.4 (3) the person was committed pursuant to a court commitment 23.5 order under section 253B.18 or a similar law of another state or 23.6 federal jurisdiction. 23.7 Sec. 29. Minnesota Statutes 1998, section 245A.04, 23.8 subdivision 3, is amended to read: 23.9 Subd. 3. [BACKGROUND STUDY OF THE APPLICANT.] (a) Before 23.10 the commissioner issues a license, the commissioner shall 23.11 conduct a study of the individuals specified in paragraph (c), 23.12 clauses (1) to (5), according to rules of the commissioner. 23.13 Beginning January 1, 1997, the commissioner shall also 23.14 conduct a study of employees providing direct contact services 23.15 for nonlicensed personal care provider organizations described 23.16 in paragraph (c), clause (5). 23.17 The commissioner shall recover the cost of these background 23.18 studies through a fee of no more than $12 per study charged to 23.19 the personal care provider organization. 23.20 Beginning August 1, 1997, the commissioner shall conduct 23.21 all background studies required under this chapter for adult 23.22 foster care providers who are licensed by the commissioner of 23.23 human services and registered under chapter 144D. The 23.24 commissioner shall conduct these background studies in 23.25 accordance with this chapter. The commissioner shall initiate a 23.26 pilot project to conduct up to 5,000 background studies under 23.27 this chapter in programs with joint licensure as home and 23.28 community-based services and adult foster care for people with 23.29 developmental disabilities when the license holder does not 23.30 reside in the foster care residence. 23.31 (b) Beginning July 1, 1998, the commissioner shall conduct 23.32 a background study on individuals specified in paragraph (c), 23.33 clauses (1) to (5), who perform direct contact services in a 23.34 nursing home or a home care agency licensed under chapter 144A 23.35 or a boarding care home licensed under sections 144.50 to 23.36 144.58, when the subject of the study resides outside Minnesota; 24.1 the study must be at least as comprehensive as that of a 24.2 Minnesota resident and include a search of information from the 24.3 criminal justice data communications network in the state where 24.4 the subject of the study resides. 24.5 (c) The applicant, license holder, the bureau of criminal 24.6 apprehension, the commissioner of health and county agencies, 24.7 after written notice to the individual who is the subject of the 24.8 study, shall help with the study by giving the commissioner 24.9 criminal conviction data and reports about the maltreatment of 24.10 adults substantiated under section 626.557 and the maltreatment 24.11 of minors in licensed programs substantiated under section 24.12 626.556. The individuals to be studied shall include: 24.13 (1) the applicant; 24.14 (2) persons over the age of 13 living in the household 24.15 where the licensed program will be provided; 24.16 (3) current employees or contractors of the applicant who 24.17 will have direct contact with persons served by the facility, 24.18 agency, or program; 24.19 (4) volunteers or student volunteers who have direct 24.20 contact with persons served by the program to provide program 24.21 services, if the contact is not directly supervised by the 24.22 individuals listed in clause (1) or (3); and 24.23 (5) any person who, as an individual or as a member of an 24.24 organization, exclusively offers, provides, or arranges for 24.25 personal care assistant services under the medical assistance 24.26 program as authorized under sections 256B.04, subdivision 16, 24.27 and 256B.0625, subdivision 1919a. 24.28 The juvenile courts shall also help with the study by 24.29 giving the commissioner existing juvenile court records on 24.30 individuals described in clause (2) relating to delinquency 24.31 proceedings held within either the five years immediately 24.32 preceding the application or the five years immediately 24.33 preceding the individual's 18th birthday, whichever time period 24.34 is longer. The commissioner shall destroy juvenile records 24.35 obtained pursuant to this subdivision when the subject of the 24.36 records reaches age 23. 25.1 For purposes of this section and Minnesota Rules, part 25.2 9543.3070, a finding that a delinquency petition is proven in 25.3 juvenile court shall be considered a conviction in state 25.4 district court. 25.5 For purposes of this subdivision, "direct contact" means 25.6 providing face-to-face care, training, supervision, counseling, 25.7 consultation, or medication assistance to persons served by a 25.8 program. For purposes of this subdivision, "directly supervised" 25.9 means an individual listed in clause (1), (3), or (5) is within 25.10 sight or hearing of a volunteer to the extent that the 25.11 individual listed in clause (1), (3), or (5) is capable at all 25.12 times of intervening to protect the health and safety of the 25.13 persons served by the program who have direct contact with the 25.14 volunteer. 25.15 A study of an individual in clauses (1) to (5) shall be 25.16 conducted at least upon application for initial license and 25.17 reapplication for a license. The commissioner is not required 25.18 to conduct a study of an individual at the time of reapplication 25.19 for a license or if the individual has been continuously 25.20 affiliated with a foster care provider licensed by the 25.21 commissioner of human services and registered under chapter 25.22 144D, other than a family day care or foster care license, if: 25.23 (i) a study of the individual was conducted either at the time 25.24 of initial licensure or when the individual became affiliated 25.25 with the license holder; (ii) the individual has been 25.26 continuously affiliated with the license holder since the last 25.27 study was conducted; and (iii) the procedure described in 25.28 paragraph (d) has been implemented and was in effect 25.29 continuously since the last study was conducted. For the 25.30 purposes of this section, a physician licensed under chapter 147 25.31 is considered to be continuously affiliated upon the license 25.32 holder's receipt from the commissioner of health or human 25.33 services of the physician's background study results. For 25.34 individuals who are required to have background studies under 25.35 clauses (1) to (5) and who have been continuously affiliated 25.36 with a foster care provider that is licensed in more than one 26.1 county, criminal conviction data may be shared among those 26.2 counties in which the foster care programs are licensed. A 26.3 county agency's receipt of criminal conviction data from another 26.4 county agency shall meet the criminal data background study 26.5 requirements of this section. 26.6 The commissioner may also conduct studies on individuals 26.7 specified in clauses (3) and (4) when the studies are initiated 26.8 by: 26.9 (i) personnel pool agencies; 26.10 (ii) temporary personnel agencies; 26.11 (iii) educational programs that train persons by providing 26.12 direct contact services in licensed programs; and 26.13 (iv) professional services agencies that are not licensed 26.14 and which contract with licensed programs to provide direct 26.15 contact services or individuals who provide direct contact 26.16 services. 26.17 Studies on individuals in items (i) to (iv) must be 26.18 initiated annually by these agencies, programs, and 26.19 individuals. Except for personal care provider organizations, 26.20 no applicant, license holder, or individual who is the subject 26.21 of the study shall pay any fees required to conduct the study. 26.22 (1) At the option of the licensed facility, rather than 26.23 initiating another background study on an individual required to 26.24 be studied who has indicated to the licensed facility that a 26.25 background study by the commissioner was previously completed, 26.26 the facility may make a request to the commissioner for 26.27 documentation of the individual's background study status, 26.28 provided that: 26.29 (i) the facility makes this request using a form provided 26.30 by the commissioner; 26.31 (ii) in making the request the facility informs the 26.32 commissioner that either: 26.33 (A) the individual has been continuously affiliated with a 26.34 licensed facility since the individual's previous background 26.35 study was completed, or since October 1, 1995, whichever is 26.36 shorter; or 27.1 (B) the individual is affiliated only with a personnel pool 27.2 agency, a temporary personnel agency, an educational program 27.3 that trains persons by providing direct contact services in 27.4 licensed programs, or a professional services agency that is not 27.5 licensed and which contracts with licensed programs to provide 27.6 direct contact services or individuals who provide direct 27.7 contact services; and 27.8 (iii) the facility provides notices to the individual as 27.9 required in paragraphs (a) to (d), and that the facility is 27.10 requesting written notification of the individual's background 27.11 study status from the commissioner. 27.12 (2) The commissioner shall respond to each request under 27.13 paragraph (1) with a written or electronic notice to the 27.14 facility and the study subject. If the commissioner determines 27.15 that a background study is necessary, the study shall be 27.16 completed without further request from a licensed agency or 27.17 notifications to the study subject. 27.18 (3) When a background study is being initiated by a 27.19 licensed facility or a foster care provider that is also 27.20 registered under chapter 144D, a study subject affiliated with 27.21 multiple licensed facilities may attach to the background study 27.22 form a cover letter indicating the additional facilities' names, 27.23 addresses, and background study identification numbers. When 27.24 the commissioner receives such notices, each facility identified 27.25 by the background study subject shall be notified of the study 27.26 results. The background study notice sent to the subsequent 27.27 agencies shall satisfy those facilities' responsibilities for 27.28 initiating a background study on that individual. 27.29 (d) If an individual who is affiliated with a program or 27.30 facility regulated by the department of human services or 27.31 department of health or who is affiliated with a nonlicensed 27.32 personal care provider organization, is convicted of a crime 27.33 constituting a disqualification under subdivision 3d, the 27.34 probation officer or corrections agent shall notify the 27.35 commissioner of the conviction. The commissioner, in 27.36 consultation with the commissioner of corrections, shall develop 28.1 forms and information necessary to implement this paragraph and 28.2 shall provide the forms and information to the commissioner of 28.3 corrections for distribution to local probation officers and 28.4 corrections agents. The commissioner shall inform individuals 28.5 subject to a background study that criminal convictions for 28.6 disqualifying crimes will be reported to the commissioner by the 28.7 corrections system. A probation officer, corrections agent, or 28.8 corrections agency is not civilly or criminally liable for 28.9 disclosing or failing to disclose the information required by 28.10 this paragraph. Upon receipt of disqualifying information, the 28.11 commissioner shall provide the notifications required in 28.12 subdivision 3a, as appropriate to agencies on record as having 28.13 initiated a background study or making a request for 28.14 documentation of the background study status of the individual. 28.15 This paragraph does not apply to family day care and child 28.16 foster care programs. 28.17 (e) The individual who is the subject of the study must 28.18 provide the applicant or license holder with sufficient 28.19 information to ensure an accurate study including the 28.20 individual's first, middle, and last name; home address, city, 28.21 county, and state of residence for the past five years; zip 28.22 code; sex; date of birth; and driver's license number. The 28.23 applicant or license holder shall provide this information about 28.24 an individual in paragraph (c), clauses (1) to (5), on forms 28.25 prescribed by the commissioner. By January 1, 2000, for 28.26 background studies conducted by the department of human 28.27 services, the commissioner shall implement a system for the 28.28 electronic transmission of: (1) background study information to 28.29 the commissioner; and (2) background study results to the 28.30 license holder. The commissioner may request additional 28.31 information of the individual, which shall be optional for the 28.32 individual to provide, such as the individual's social security 28.33 number or race. 28.34 (f) Except for child foster care, adult foster care, and 28.35 family day care homes, a study must include information related 28.36 to names of substantiated perpetrators of maltreatment of 29.1 vulnerable adults that has been received by the commissioner as 29.2 required under section 626.557, subdivision 9c, paragraph (i), 29.3 and the commissioner's records relating to the maltreatment of 29.4 minors in licensed programs, information from juvenile courts as 29.5 required in paragraph (c) for persons listed in paragraph (c), 29.6 clause (2), and information from the bureau of criminal 29.7 apprehension. For child foster care, adult foster care, and 29.8 family day care homes, the study must include information from 29.9 the county agency's record of substantiated maltreatment of 29.10 adults, and the maltreatment of minors, information from 29.11 juvenile courts as required in paragraph (c) for persons listed 29.12 in paragraph (c), clause (2), and information from the bureau of 29.13 criminal apprehension. The commissioner may also review arrest 29.14 and investigative information from the bureau of criminal 29.15 apprehension, the commissioner of health, a county attorney, 29.16 county sheriff, county agency, local chief of police, other 29.17 states, the courts, or the Federal Bureau of Investigation if 29.18 the commissioner has reasonable cause to believe the information 29.19 is pertinent to the disqualification of an individual listed in 29.20 paragraph (c), clauses (1) to (5). The commissioner is not 29.21 required to conduct more than one review of a subject's records 29.22 from the Federal Bureau of Investigation if a review of the 29.23 subject's criminal history with the Federal Bureau of 29.24 Investigation has already been completed by the commissioner and 29.25 there has been no break in the subject's affiliation with the 29.26 license holder who initiated the background studies. 29.27 When the commissioner has reasonable cause to believe that 29.28 further pertinent information may exist on the subject, the 29.29 subject shall provide a set of classifiable fingerprints 29.30 obtained from an authorized law enforcement agency. For 29.31 purposes of requiring fingerprints, the commissioner shall be 29.32 considered to have reasonable cause under, but not limited to, 29.33 the following circumstances: 29.34 (1) information from the bureau of criminal apprehension 29.35 indicates that the subject is a multistate offender; 29.36 (2) information from the bureau of criminal apprehension 30.1 indicates that multistate offender status is undetermined; or 30.2 (3) the commissioner has received a report from the subject 30.3 or a third party indicating that the subject has a criminal 30.4 history in a jurisdiction other than Minnesota. 30.5 (g) An applicant's or license holder's failure or refusal 30.6 to cooperate with the commissioner is reasonable cause to 30.7 disqualify a subject, deny a license application or immediately 30.8 suspend, suspend, or revoke a license. Failure or refusal of an 30.9 individual to cooperate with the study is just cause for denying 30.10 or terminating employment of the individual if the individual's 30.11 failure or refusal to cooperate could cause the applicant's 30.12 application to be denied or the license holder's license to be 30.13 immediately suspended, suspended, or revoked. 30.14 (h) The commissioner shall not consider an application to 30.15 be complete until all of the information required to be provided 30.16 under this subdivision has been received. 30.17 (i) No person in paragraph (c), clause (1), (2), (3), (4), 30.18 or (5) who is disqualified as a result of this section may be 30.19 retained by the agency in a position involving direct contact 30.20 with persons served by the program. 30.21 (j) Termination of persons in paragraph (c), clause (1), 30.22 (2), (3), (4), or (5), made in good faith reliance on a notice 30.23 of disqualification provided by the commissioner shall not 30.24 subject the applicant or license holder to civil liability. 30.25 (k) The commissioner may establish records to fulfill the 30.26 requirements of this section. 30.27 (l) The commissioner may not disqualify an individual 30.28 subject to a study under this section because that person has, 30.29 or has had, a mental illness as defined in section 245.462, 30.30 subdivision 20. 30.31 (m) An individual subject to disqualification under this 30.32 subdivision has the applicable rights in subdivision 3a, 3b, or 30.33 3c. 30.34 Sec. 30. Minnesota Statutes 1998, section 256B.031, 30.35 subdivision 2, is amended to read: 30.36 Subd. 2. [SERVICES.] State contracts for these services 31.1 must assure recipients of at least the comprehensive health 31.2 services defined in sections 256B.02, subdivision 8, and 31.3 256B.0625, except services defined in section 256B.0625, 31.4 subdivisions 2, 5, 18, and 1919a, and except services defined 31.5 as chemical dependency services and mental health services. 31.6 Contracts under this section must include provision for 31.7 assessing pregnant women to determine their risk of poor 31.8 pregnancy outcome. Contracts must also include provision for 31.9 treatment of women found to be at risk of poor pregnancy outcome. 31.10 Sec. 31. Minnesota Statutes 1998, section 257.34, 31.11 subdivision 1, is amended to read: 31.12 Subdivision 1. [ACKNOWLEDGMENT BY PARENTS.] The mother and 31.13 father of a child born to a mother who was not married to the 31.14 child's father when the child was conceived nor when the child 31.15 was born may, in a writing signed by both of them before a 31.16 notary public, declare and acknowledge under oath that they are 31.17 the biological parents of the child. The declaration may 31.18 provide that any such child born to the mother at any time 31.19 before or up to ten months after the date of execution of the 31.20 declaration is the biological child of the signatories. 31.21 Execution of the declaration shall: 31.22 (a) have the same consequences as an acknowledgment by the 31.23 signatories of parentage of the child for the purposes of 31.24 sections 62A.041 and 62C.14, subdivision 5a; 31.25 (b) be conclusive evidence that the signatories are parents 31.26 of the child for the purposes of sections 176.111, 197.75, and 31.27 197.752; 31.28 (c) create a presumption that the signatory is the 31.29 biological father of the child for the purposes of sections 31.30 257.51 to 257.74; 31.31 (d) when timely filed with the division of vital statistics31.32 of the Minnesotadepartment of health as provided in section 31.33 259.51259.52, qualify as an affidavit stating the intention of 31.34 the signatories to retain parental rights as provided in section 31.35 259.51259.52 if it contains the information required by section 31.36 259.51259.52 or rules promulgated thereunder; 32.1 (e) have the same consequences as a writing declaring 32.2 paternity of the child for the purposes of section 524.2-109; 32.3 and 32.4 (f) be conclusive evidence that the signatories are parents 32.5 of the child for the purposes of chapter 573. 32.6 Sec. 32. Minnesota Statutes 1999 Supplement, section 32.7 259.47, subdivision 8, is amended to read: 32.8 Subd. 8. [FAILURE TO EXECUTE CONSENTS.] With the exception 32.9 of cases where a person receives notice under section 259.24, 32.10 subdivision 2a, if a birth parent whose consent is required 32.11 under section 259.24 does not execute a consent by the end of 32.12 the period specified in section 259.24, subdivision 2a, the 32.13 agency which is supervising the placement shall notify the court 32.14 and the court shall issue an order regarding continued placement 32.15 of the child. The court shall order the local social services 32.16 agency to determine whether to commence proceedings for 32.17 termination of parental rights on grounds of abandonment as 32.18 defined in section 260C.301. The court may disregard the six- 32.19 and 12-month requirements of section 260.221260C.301, in 32.20 finding abandonment if the birth parent has failed to execute a 32.21 consent within the time required under this section and has made 32.22 no effort to obtain custody of the child. 32.23 Sec. 33. Minnesota Statutes 1999 Supplement, section 32.24 260B.007, subdivision 20, is amended to read: 32.25 Subd. 20. [INDIAN CHILD.] "Indian child," consistent with 32.26 section 257.755260.755, subdivision 8, means an unmarried 32.27 person who is under age 18 and is: 32.28 (1) a member of an Indian tribe; or 32.29 (2) eligible for membership in an Indian tribe. 32.30 Sec. 34. Minnesota Statutes 1999 Supplement, section 32.31 260C.007, subdivision 19, is amended to read: 32.32 Subd. 19. [HABITUAL TRUANT.] "Habitual truant" means a 32.33 child under the age of 16 years who is absent from attendance at 32.34 school without lawful excuse for seven school days if the child 32.35 is in elementary school or for one or more class periods on 32.36 seven school days if the child is in middle school, junior high 33.1 school, or high school, or a child who is 16 or 17 years of age 33.2 who is absent from attendance at school without lawful excuse 33.3 for one or more class periods on seven school days and who has 33.4 not lawfully withdrawn from school under section 120A.22, 33.5 subdivision 68. 33.6 Sec. 35. Minnesota Statutes 1999 Supplement, section 33.7 260C.163, subdivision 11, is amended to read: 33.8 Subd. 11. [PRESUMPTIONS REGARDING TRUANCY OR EDUCATIONAL 33.9 NEGLECT.] A child's absence from school is presumed to be due to 33.10 the parent's, guardian's, or custodian's failure to comply with 33.11 compulsory instruction laws if the child is under 12 years old 33.12 and the school has made appropriate efforts to resolve the 33.13 child's attendance problems; this presumption may be rebutted 33.14 based on a showing by clear and convincing evidence that the 33.15 child is habitually truant. A child's absence from school 33.16 without lawful excuse, when the child is 12 years old or older, 33.17 is presumed to be due to the child's intent to be absent from 33.18 school; this presumption may be rebutted based on a showing by 33.19 clear and convincing evidence that the child's absence is due to 33.20 the failure of the child's parent, guardian, or custodian to 33.21 comply with compulsory instruction laws, sections 120.10133.22 120A.22 and 120.102120A.24. 33.23 Sec. 36. Minnesota Statutes 1999 Supplement, section 33.24 260C.176, subdivision 1, is amended to read: 33.25 Subdivision 1. [NOTICE; RELEASE.] If a child is taken into 33.26 custody as provided in section 260C.175, the parent, guardian, 33.27 or custodian of the child shall be notified as soon as possible. 33.28 Unless there is reason to believe that the child would endanger 33.29 self or others, not return for a court hearing, run away from 33.30 the child's parent, guardian, or custodian or otherwise not 33.31 remain in the care or control of the person to whose lawful 33.32 custody the child is released, or that the child's health or 33.33 welfare would be immediately endangered, the child shall be 33.34 released to the custody of a parent, guardian, custodian, or 33.35 other suitable person. When a child is taken into custody by a 33.36 peace officer under section 260C.175, subdivision 1, 34.1 clause (c)(2)(b)(2), release from detention may be authorized 34.2 by the detaining officer, the detaining officer's supervisor, or 34.3 the county attorney. If the social services agency has 34.4 determined that the child's health or welfare will not be 34.5 endangered and the provision of appropriate and available 34.6 services will eliminate the need for placement, the agency shall 34.7 request authorization for the child's release from detention. 34.8 The person to whom the child is released shall promise to bring 34.9 the child to the court, if necessary, at the time the court may 34.10 direct. If the person taking the child into custody believes it 34.11 desirable, that person may request the parent, guardian, 34.12 custodian, or other person designated by the court to sign a 34.13 written promise to bring the child to court as provided above. 34.14 The intentional violation of such a promise, whether given 34.15 orally or in writing, shall be punishable as contempt of court. 34.16 The court may require the parent, guardian, custodian, or 34.17 other person to whom the child is released, to post any 34.18 reasonable bail or bond required by the court which shall be 34.19 forfeited to the court if the child does not appear as 34.20 directed. The court may also release the child on the child's 34.21 own promise to appear in juvenile court. 34.22 Sec. 37. Minnesota Statutes 1999 Supplement, section 34.23 260C.176, subdivision 2, is amended to read: 34.24 Subd. 2. [REASONS FOR DETENTION.] (a) If the child is not 34.25 released as provided in subdivision 1, the person taking the 34.26 child into custody shall notify the court as soon as possible of 34.27 the detention of the child and the reasons for detention. 34.28 (b) No child taken into custody and placed in a shelter 34.29 care facility or relative's home by a peace officer pursuant to 34.30 section 260C.175, subdivision 1, clause (a) or (c)(2)(b)(2), 34.31 may be held in custody longer than 72 hours, excluding 34.32 Saturdays, Sundays and holidays, unless a petition has been 34.33 filed and the judge or referee determines pursuant to section 34.34 260C.178 that the child shall remain in custody or unless the 34.35 court has made a finding of domestic abuse perpetrated by a 34.36 minor after a hearing under Laws 1997, chapter 239, article 10, 35.1 sections 2 to 26, in which case the court may extend the period 35.2 of detention for an additional seven days, within which time the 35.3 social services agency shall conduct an assessment and shall 35.4 provide recommendations to the court regarding voluntary 35.5 services or file a child in need of protection or services 35.6 petition. 35.7 Sec. 38. Minnesota Statutes 1999 Supplement, section 35.8 260C.178, subdivision 3, is amended to read: 35.9 Subd. 3. [PARENTAL VISITATION.] If a child has been taken 35.10 into custody under section 260C.151, subdivision 5, or 260C.175, 35.11 subdivision 1, clause (c)(2)(b)(2), and the court determines 35.12 that the child should continue in detention, the court shall 35.13 include in its order reasonable rules for supervised or 35.14 unsupervised parental visitation of the child in the shelter 35.15 care facility unless it finds that visitation would endanger the 35.16 child's physical or emotional well-being. 35.17 Sec. 39. Minnesota Statutes 1999 Supplement, section 35.18 260C.181, subdivision 2, is amended to read: 35.19 Subd. 2. [LEAST RESTRICTIVE SETTING.] Notwithstanding the 35.20 provisions of subdivision 1, if the child had been taken into 35.21 custody pursuant to section 260C.175, subdivision 1, clause (a) 35.22 or clause (c)(2)(b)(2), and is not alleged to be delinquent, 35.23 the child shall be detained in the least restrictive setting 35.24 consistent with the child's health and welfare and in closest 35.25 proximity to the child's family as possible. Placement may be 35.26 with a child's relative, a designated caregiver under chapter 35.27 257A, or in a shelter care facility. The placing officer shall 35.28 comply with this section and shall document why a less 35.29 restrictive setting will or will not be in the best interests of 35.30 the child for placement purposes. 35.31 Sec. 40. Minnesota Statutes 1999 Supplement, section 35.32 260C.201, subdivision 11, is amended to read: 35.33 Subd. 11. [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 35.34 PLACEMENT DETERMINATION.] (a) Except for cases where the child 35.35 is in placement due solely to the child's status as 35.36 developmentally delayed under United States Code, title 42, 36.1 section 6001(7), or emotionally handicapped under section 252.27 36.2 and where custody has not been transferred to the responsible 36.3 social services agency, the court shall conduct a hearing to 36.4 determine the permanent status of a child not later than 12 36.5 months after the child is placed out of the home of the parent, 36.6 except that if the child was under eight years of age at the 36.7 time the petition was filed, the hearing must be conducted no 36.8 later than six months after the child is placed out of the home 36.9 of the parent. 36.10 For purposes of this subdivision, the date of the child's 36.11 placement out of the home of the parent is the earlier of the 36.12 first court-ordered placement or 60 days after the date on which 36.13 the child has been voluntarily placed out of the home. 36.14 For purposes of this subdivision, 12 months is calculated 36.15 as follows: 36.16 (1) during the pendency of a petition alleging that a child 36.17 is in need of protection or services, all time periods when a 36.18 child is placed out of the home of the parent are cumulated; 36.19 (2) if a child has been placed out of the home of the 36.20 parent within the previous five years, the lengths of all prior 36.21 time periods when the child was placed out of the home within 36.22 the previous five years are cumulated. If a child under this 36.23 clause has been out of the home for 12 months or more, the 36.24 court, if it is in the best interests of the child and for 36.25 compelling reasons, may extend the total time the child may 36.26 continue out of the home under the current petition up to an 36.27 additional six months before making a permanency determination. 36.28 (b) Unless the responsible social services agency 36.29 recommends return of the child to the custodial parent or 36.30 parents, not later than 30 days prior to this hearing, the 36.31 responsible social services agency shall file pleadings in 36.32 juvenile court to establish the basis for the juvenile court to 36.33 order permanent placement of the child according to paragraph 36.34 (d). Notice of the hearing and copies of the pleadings must be 36.35 provided pursuant to section 260C.152. If a termination of 36.36 parental rights petition is filed before the date required for 37.1 the permanency planning determination and there is a trial under 37.2 section 260C.163 scheduled on that petition within 90 days of 37.3 the filing of the petition, no hearing need be conducted under 37.4 this subdivision. 37.5 (c) At the conclusion of the hearing, the court shall order 37.6 the child returned home or order a permanent placement in the 37.7 child's best interests. The "best interests of the child" means 37.8 all relevant factors to be considered and evaluated. 37.9 (d) At a hearing under this subdivision, if the child was 37.10 under eight years of age at the time the petition was filed 37.11 alleging the child in need of protection or services, the court 37.12 shall review the progress of the case and the case plan, 37.13 including the provision of services. The court may order the 37.14 local social services agency to show cause why it should not 37.15 file a termination of parental rights petition. Cause may 37.16 include, but is not limited to, the following conditions: 37.17 (1) the parents or guardians have maintained regular 37.18 contact with the child, the parents are complying with the 37.19 court-ordered case plan, and the child would benefit from 37.20 continuing this relationship; 37.21 (2) grounds for termination under section 260C.301 do not 37.22 exist; or 37.23 (3) the permanent plan for the child is transfer of 37.24 permanent legal and physical custody to a relative. When the 37.25 permanent plan for the child is transfer of permanent legal and 37.26 physical custody to a relative, a petition supporting the plan 37.27 shall be filed in juvenile court within 30 days of the hearing 37.28 required under this subdivision and a hearing on the petition 37.29 held within 30 days of the filing of the pleadings. 37.30 (e) If the child is not returned to the home, the court 37.31 must order one of the following dispositions: 37.32 (1) permanent legal and physical custody to a relative in 37.33 the best interests of the child. In transferring permanent 37.34 legal and physical custody to a relative, the juvenile court 37.35 shall follow the standards and procedures applicable under this 37.36 chapter, chapter 260, or chapter 518. An order establishing 38.1 permanent legal or physical custody under this subdivision must 38.2 be filed with the family court. A transfer of legal and 38.3 physical custody includes responsibility for the protection, 38.4 education, care, and control of the child and decision making on 38.5 behalf of the child. The social services agency may petition on 38.6 behalf of the proposed custodian; 38.7 (2) termination of parental rights; unless the social 38.8 services agency has already filed a petition for termination of 38.9 parental rights under section 260C.307, the court may order such 38.10 a petition filed and all the requirements of sections 260C.301 38.11 to 260C.328 remain applicable. An adoption completed subsequent 38.12 to a determination under this subdivision may include an 38.13 agreement for communication or contact under section 259.58; or 38.14 (3) long-term foster care; transfer of legal custody and 38.15 adoption are preferred permanency options for a child who cannot 38.16 return home. The court may order a child into long-term foster 38.17 care only if it finds that neither an award of legal and 38.18 physical custody to a relative, nor termination of parental 38.19 rights nor adoption is in the child's best interests. Further, 38.20 the court may only order long-term foster care for the child 38.21 under this section if it finds the following: 38.22 (i) the child has reached age 12 and reasonable efforts by 38.23 the responsible social services agency have failed to locate an 38.24 adoptive family for the child; or 38.25 (ii) the child is a sibling of a child described in clause 38.26 (i) and the siblings have a significant positive relationship 38.27 and are ordered into the same long-term foster care home; or 38.28 (4) foster care for a specified period of time may be 38.29 ordered only if: 38.30 (i) the sole basis for an adjudication that the child is in 38.31 need of protection or services is the child's behavior; and 38.32 (ii) the court finds that foster care for a specified 38.33 period of time is in the best interests of the child. 38.34 (f) In ordering a permanent placement of a child, the court 38.35 must be governed by the best interests of the child, including a 38.36 review of the relationship between the child and relatives and 39.1 the child and other important persons with whom the child has 39.2 resided or had significant contact. 39.3 (g) Once a permanent placement determination has been made 39.4 and permanent placement has been established, further court 39.5 reviews and dispositional hearings are only necessary if the 39.6 placement is made under paragraph (d)(e), clause (4), review is 39.7 otherwise required by federal law, an adoption has not yet been 39.8 finalized, or there is a disruption of the permanent or 39.9 long-term placement. 39.10 (h) An order under this subdivision must include the 39.11 following detailed findings: 39.12 (1) how the child's best interests are served by the order; 39.13 (2) the nature and extent of the responsible social service 39.14 agency's reasonable efforts, or, in the case of an Indian child, 39.15 active efforts to reunify the child with the parent or parents; 39.16 (3) the parent's or parents' efforts and ability to use 39.17 services to correct the conditions which led to the out-of-home 39.18 placement; and 39.19 (4) whether the conditions which led to the out-of-home 39.20 placement have been corrected so that the child can return home. 39.21 (i) An order for permanent legal and physical custody of a 39.22 child may be modified under sections 518.18 and 518.185. The 39.23 social services agency is a party to the proceeding and must 39.24 receive notice. An order for long-term foster care is 39.25 reviewable upon motion and a showing by the parent of a 39.26 substantial change in the parent's circumstances such that the 39.27 parent could provide appropriate care for the child and that 39.28 removal of the child from the child's permanent placement and 39.29 the return to the parent's care would be in the best interest of 39.30 the child. 39.31 (j) The court shall issue an order required under this 39.32 section within 15 days of the close of the proceedings. The 39.33 court may extend issuing the order an additional 15 days when 39.34 necessary in the interests of justice and the best interests of 39.35 the child. 39.36 Sec. 41. Minnesota Statutes 1999 Supplement, section 40.1 260C.213, subdivision 1, is amended to read: 40.2 Subdivision 1. [PROGRAM; GOALS.] (a) The commissioner of 40.3 human services shall establish a program for concurrent 40.4 permanency planning for child protection services. 40.5 (b) Concurrent permanency planning involves a planning 40.6 process for children who are placed out of the home of their 40.7 parents pursuant to a court order, or who have been voluntarily 40.8 placed out of the home by the parents for 60 days or more and 40.9 who are not developmentally disabled or emotionally handicapped 40.10 under section 212C.212260C.212, subdivision 9. The local 40.11 social services agency shall develop an alternative permanency 40.12 plan while making reasonable efforts for reunification of the 40.13 child with the family, if required by section 260.012. The 40.14 goals of concurrent permanency planning are to: 40.15 (1) achieve early permanency for children; 40.16 (2) decrease children's length of stay in foster care and 40.17 reduce the number of moves children experience in foster care; 40.18 and 40.19 (3) develop a group of families who will work towards 40.20 reunification and also serve as permanent families for children. 40.21 Sec. 42. Minnesota Statutes 1998, section 270.101, 40.22 subdivision 1, is amended to read: 40.23 Subdivision 1. [LIABILITY IMPOSED.] A person who, either 40.24 singly or jointly with others, has the control of, supervision 40.25 of, or responsibility for filing returns or reports, paying 40.26 taxes, or collecting or withholding and remitting taxes and who 40.27 fails to do so, or a person who is liable under any other law, 40.28 is liable for the payment of taxes, penalties, and interest 40.29 arising under chapters 295, 296A, 297297F, 297A, and 297C297G, 40.30 or sections 290.92 and 297E.02. 40.31 Sec. 43. Minnesota Statutes 1998, section 273.1398, 40.32 subdivision 1, is amended to read: 40.33 Subdivision 1. [DEFINITIONS.] (a) In this section, the 40.34 terms defined in this subdivision have the meanings given them. 40.35 (b) "Unique taxing jurisdiction" means the geographic area 40.36 subject to the same set of local tax rates. 41.1 (c) "Previous net tax capacity" means the product of the 41.2 appropriate net class rates for the year previous to the year in 41.3 which the aid is payable, and estimated market values for the 41.4 assessment two years prior to that in which aid is payable. 41.5 "Total previous net tax capacity" means the previous net tax 41.6 capacities for all property within the unique taxing 41.7 jurisdiction. The total previous net tax capacity shall be 41.8 reduced by the sum of (1) the unique taxing jurisdiction's 41.9 previous net tax capacity of commercial-industrial property as 41.10 defined in section 473F.02, subdivision 3, or 276A.01, 41.11 subdivision 3, multiplied by the ratio determined pursuant to 41.12 section 473F.08, subdivision 6, or 276A.06, subdivision 7, for 41.13 the municipality, as defined in section 473F.02, subdivision 8, 41.14 or 276A.01, subdivision 8, in which the unique taxing 41.15 jurisdiction is located, (2) the previous net tax capacity of 41.16 the captured value of tax increment financing districts as 41.17 defined in section 469.177, subdivision 2, and (3) the previous 41.18 net tax capacity of transmission lines deducted from a local 41.19 government's total net tax capacity under section 273.425. 41.20 Previous net tax capacity cannot be less than zero. 41.21 (d) "Equalized market values" are market values that have 41.22 been equalized by dividing the assessor's estimated market value 41.23 for the second year prior to that in which the aid is payable by 41.24 the assessment sales ratios determined by class in the 41.25 assessment sales ratio study conducted by the department of 41.26 revenue pursuant to section 127A.48 in the second year prior to 41.27 that in which the aid is payable. The equalized market values 41.28 shall equal the unequalized market values divided by the 41.29 assessment sales ratio. 41.30 (e) "Equalized school levies" means the amounts levied for: 41.31 (1) general education under section 126C.13, subdivision 2; 41.32 (2) supplemental revenue under section 126C.10, subdivision 41.33 10; 41.34 (3) transition revenue under section 126C.10, subdivision 41.35 20; and 41.36 (4) basic transportation under section 124.226, subdivision42.1 1; and42.2 (5)referendum revenue under section 126C.17. 42.3 (f) "Current local tax rate" means the quotient derived by 42.4 dividing the taxes levied within a unique taxing jurisdiction 42.5 for taxes payable in the year prior to that for which aids are 42.6 being calculated by the total previous net tax capacity of the 42.7 unique taxing jurisdiction. 42.8 (g) For purposes of calculating and allocating homestead 42.9 and agricultural credit aid authorized pursuant to subdivision 2 42.10 and the disparity reduction aid authorized in subdivision 3, 42.11 "gross taxes levied on all properties," "gross taxes," or "taxes 42.12 levied" means the total net tax capacity based taxes levied on 42.13 all properties except that levied on the captured value of tax 42.14 increment districts as defined in section 469.177, subdivision 42.15 2, and that levied on the portion of commercial industrial 42.16 properties' assessed value or gross tax capacity, as defined in 42.17 section 473F.02, subdivision 3, subject to the areawide tax as 42.18 provided in section 473F.08, subdivision 6, in a unique taxing 42.19 jurisdiction. "Gross taxes" are before any reduction for 42.20 disparity reduction aid but "taxes levied" are after any 42.21 reduction for disparity reduction aid. Gross taxes levied or 42.22 taxes levied cannot be less than zero. 42.23 "Taxes levied" excludes equalized school levies. 42.24 (h) "Household adjustment factor" means the number of 42.25 households, for the year most recently determined as of July 1 42.26 in the aid calculation year, divided by the number of households 42.27 for the year immediately preceding the year for which the number 42.28 of households has most recently been determined as of July 1. 42.29 The household adjustment factor cannot be less than one. 42.30 (i) "Growth adjustment factor" means the household 42.31 adjustment factor in the case of counties. In the case of 42.32 cities, towns, school districts, and special taxing districts, 42.33 the growth adjustment factor equals one. The growth adjustment 42.34 factor cannot be less than one. 42.35 (j) "Homestead and agricultural credit base" means the 42.36 previous year's certified homestead and agricultural credit aid 43.1 determined under subdivision 2 less any permanent aid reduction 43.2 in the previous year to homestead and agricultural credit aid. 43.3 (k) "Net tax capacity adjustment" means (1) the tax base 43.4 differential defined in subdivision 1a, multiplied by (2) the 43.5 unique taxing jurisdiction's current local tax rate. The net 43.6 tax capacity adjustment cannot be less than zero. 43.7 (l) "Fiscal disparity adjustment" means a taxing 43.8 jurisdiction's fiscal disparity distribution levy under section 43.9 473F.08, subdivision 3, clause (a), or 276A.06, subdivision 3, 43.10 clause (a), for taxes payable in the year prior to that for 43.11 which aids are being calculated, multiplied by the ratio of the 43.12 tax base differential percent referenced in subdivision 1a for 43.13 the highest class rate for class 3 property for taxes payable in 43.14 the year prior to that for which aids are being calculated to 43.15 the highest class rate for class 3 property for taxes payable in 43.16 the second prior year to that for which aids are being 43.17 calculated. In the case of school districts, the fiscal 43.18 disparity distribution levy shall exclude that part of the levy 43.19 attributable to equalized school levies. 43.20 Sec. 44. Minnesota Statutes 1998, section 275.065, 43.21 subdivision 3a, is amended to read: 43.22 Subd. 3a. [CONSTANT SPENDING LEVY AMOUNT.] (a) For 43.23 purposes of this section, "constant spending levy amount" for a 43.24 county, city, town, or special taxing district means the 43.25 property tax levy that the taxing authority would need to levy 43.26 so that the sum of (i) its levy, including its fiscal 43.27 disparities distribution levy under section 276A.06, subdivision 43.28 3, clause (a), or 473F.08, subdivision 3, clause (a), plus (ii) 43.29 its property tax aid amounts, would remain constant from the 43.30 current year to the proposed year, taking into account the 43.31 fiscal disparities distribution levy amounts and the property 43.32 tax aid amounts that have been certified for the proposed year. 43.33 For the purposes of this paragraph, property tax aids include 43.34 homestead and agricultural credit aid under section 273.1398, 43.35 subdivision 2, local government aid under section 477A.013, 43.36 local performance aid under section 477A.05,county criminal 44.1 justice aid under section 477A.0121, and family preservation aid 44.2 under section 477A.0122. 44.3 (b) For the state determined school tax, "constant spending 44.4 levy amount" is the same as the proposed tax. 44.5 (c) For the voter approved school levy, "constant spending 44.6 levy amount" is the result of the following computation: (i) 44.7 compute the current year's revenue per pupil in average daily 44.8 membership as the ratio of the voter approved referendum and 44.9 debt service levy plus aid revenue to the number of pupils in 44.10 average daily membership, as estimated at the time of levy 44.11 certification the previous December; (ii) compute the proposed 44.12 year's levy ratio as ratio of the proposed year's levy 44.13 limitation for voter approved referendum and debt service 44.14 revenue to the maximum referendum and debt service levy plus aid 44.15 revenue for the proposed year, at the time of proposed levy 44.16 certification in September; and (iii) compute the "constant 44.17 spending levy amount" as the product of the current year's 44.18 revenue per pupil from clause (i) times the proposed year's levy 44.19 ratio from clause (ii) times the proposed year's pupils in 44.20 average daily membership. 44.21 (d) For the sum of all other school levies not included in 44.22 paragraph (b) or (c), "constant spending levy amount" is the 44.23 result of the following computation: (i) compute the current 44.24 year's revenue per pupil in average daily membership as the 44.25 ratio of the levy plus associated aid revenue to the number of 44.26 pupils in average daily membership, as estimated at the time of 44.27 levy certification the previous December; (ii) compute the 44.28 proposed year's levy ratio as ratio of the proposed year's levy 44.29 limitation to the maximum levy plus associated aid revenue for 44.30 the proposed year, estimated at the time of proposed levy 44.31 certification in September; and (iii) compute the "constant 44.32 spending levy amount" as the product of the current year's 44.33 revenue per pupil from clause (i) times the proposed year's levy 44.34 ratio from clause (ii) times the proposed year's pupils in 44.35 average daily membership. 44.36 (e) Each year, the commissioner of children, families, and 45.1 learning must compute and report to the county auditor each 45.2 school district's constant spending levy amounts by September 45.3 30. In no case shall a constant spending levy amount be less 45.4 than $0. For the purposes of this subdivision, school homestead 45.5 and agricultural credit aid under section 273.1398, subdivision 45.6 2, shall be included in the other school levy category. For 45.7 purposes of this subdivision, the school fiscal disparities 45.8 distribution levy shall be apportioned proportionately among 45.9 levy categories. 45.10 (f) For the tax increment financing tax, and the fiscal 45.11 disparities tax, the "constant spending levy amount" is the same 45.12 as the proposed tax. 45.13 Sec. 45. Minnesota Statutes 1998, section 275.16, is 45.14 amended to read: 45.15 275.16 [COUNTY AUDITOR TO FIX AMOUNT OF LEVY.] 45.16 If any such municipality shall return to the county auditor 45.17 a levy greater than permitted by chapters 123A, 123B, 124B,45.18 126C, 136C, 136D, sections 275.124 to 275.16, and sections 45.19 275.70 to 275.74, such county auditor shall extend only such 45.20 amount of taxes as the limitations herein prescribed will 45.21 permit; provided, if such levy shall include any levy for the 45.22 payment of bonded indebtedness or judgments, such levies for 45.23 bonded indebtedness or judgments shall be extended in full, and 45.24 the remainder of the levies shall be reduced so that the total 45.25 thereof, including levies for bonds and judgments, shall not 45.26 exceed such amount as the limitations herein prescribed will 45.27 permit. 45.28 Sec. 46. Minnesota Statutes 1998, section 281.21, is 45.29 amended to read: 45.30 281.21 [NOTICE OF EXPIRATION OF REDEMPTION.] 45.31 Notice of expiration of the time for redemption of any 45.32 parcel of lands sold to an actual purchaser at any tax judgment 45.33 sale hereafter held, or bid in for the state at any such sale 45.34 and thereafter assigned to an actual purchaser, shall be given 45.35 and served as provided by section 281.13281.23. Such notice 45.36 may be issued and served at any time not earlier than 60 days 46.1 before the expiration of the stated period of redemption of such 46.2 parcel from such sale. The time for redemption of any such 46.3 parcel from such sale shall expire 60 days after the service of 46.4 such notice and the filing of proof thereof in the office of the 46.5 county auditor. 46.6 Sec. 47. Minnesota Statutes 1998, section 281.22, is 46.7 amended to read: 46.8 281.22 [COUNTY AUDITOR TO GIVE NOTICE.] 46.9 In case any parcel of land bid in for the state at any tax 46.10 judgment sale heretofore held has not been sold or assigned to 46.11 an actual purchaser by one year before the expiration of the 46.12 stated period of redemption of such parcel, it shall be the duty 46.13 of the county auditor thereupon forthwith to give notice of 46.14 expiration of the time for redemption of such parcel, as herein 46.15 provided. Subject to the provisions of section 281.20, so far46.16 as applicable,Such notice shall be given and all other things 46.17 done with respect to all such parcels, as provided by section 46.18 281.23, except that the notice shall state that the time for 46.19 redemption will expire one year after service of notice and the 46.20 filing of proof thereof, instead of 60 days. Otherwise, all the 46.21 provisions of section 281.23 shall apply to and govern the 46.22 corresponding matters under this section. 46.23 The time for redemption of any parcel of land as to which 46.24 notice of expiration has been given, as provided in this 46.25 section, shall expire one year after the giving of such notice 46.26 and the filing of proof thereof in the office of the county 46.27 auditor, unless such parcel shall theretofore be assigned to an 46.28 actual purchaser, as herein provided. 46.29 Sec. 48. Minnesota Statutes 1998, section 287.28, is 46.30 amended to read: 46.31 287.28 [REFUNDS OR REDEMPTION.] 46.32 (a) The county treasurer may refund in whole or in part any 46.33 tax which has been erroneously paid and may allow for or redeem 46.34 such of the stamps, issued under the authority of sections 46.35 287.21287.20 to 287.36287.31 as may have been spoiled, 46.36 destroyed, or rendered useless or unfit for the purpose intended 47.1 or for which the owner may have no use or which through mistake 47.2 may have been improperly or unnecessarily used. Such order 47.3 shall be made only upon written application of the taxpayer. 47.4 (b) A person having paid a deed tax amount may seek a 47.5 refund of the tax, or other appropriate relief, by commencing an 47.6 action in tax court in the county where the tax was paid, within 47.7 60 days of the payment. The action is commenced by serving a 47.8 petition for relief on the county treasurer, and filing a copy 47.9 with the court. The county attorney shall defend the action. 47.10 The county treasurer shall notify the treasurer of each county 47.11 that has, or would receive a portion of the tax as paid. Any 47.12 refund of deed tax which the county treasurer determines should 47.13 be made, and any court ordered refund of deed tax, shall be 47.14 accomplished using the refund procedures in section 287.08. 47.15 Sec. 49. Minnesota Statutes 1999 Supplement, section 47.16 287.29, subdivision 1, is amended to read: 47.17 Subdivision 1. [APPOINTMENT AND PAYMENT OF TAX PROCEEDS.] 47.18 (a) The proceeds of the taxes levied and collected under 47.19 sections 287.21 to 287.36287.39 must be apportioned, 97 percent 47.20 to the general fund of the state, and three percent to the 47.21 county revenue fund. 47.22 (b) On or before the 20th day of each month, the county 47.23 treasurer shall determine and pay to the commissioner of revenue 47.24 for deposit in the state treasury and credit to the general fund 47.25 the state's portion of the receipts for deed tax from the 47.26 preceding month subject to the electronic transfer requirements 47.27 of section 270.771. The county treasurer shall provide any 47.28 related reports requested by the commissioner of revenue. 47.29 Sec. 50. Minnesota Statutes 1999 Supplement, section 47.30 290.01, subdivision 19b, is amended to read: 47.31 Subd. 19b. [SUBTRACTIONS FROM FEDERAL TAXABLE INCOME.] For 47.32 individuals, estates, and trusts, there shall be subtracted from 47.33 federal taxable income: 47.34 (1) interest income on obligations of any authority, 47.35 commission, or instrumentality of the United States to the 47.36 extent includable in taxable income for federal income tax 48.1 purposes but exempt from state income tax under the laws of the 48.2 United States; 48.3 (2) if included in federal taxable income, the amount of 48.4 any overpayment of income tax to Minnesota or to any other 48.5 state, for any previous taxable year, whether the amount is 48.6 received as a refund or as a credit to another taxable year's 48.7 income tax liability; 48.8 (3) the amount paid to others, less the credit allowed 48.9 under section 290.0674, not to exceed $1,625 for each qualifying 48.10 child in grades kindergarten to 6 and $2,500 for each qualifying 48.11 child in grades 7 to 12, for tuition, textbooks, and 48.12 transportation of each qualifying child in attending an 48.13 elementary or secondary school situated in Minnesota, North 48.14 Dakota, South Dakota, Iowa, or Wisconsin, wherein a resident of 48.15 this state may legally fulfill the state's compulsory attendance 48.16 laws, which is not operated for profit, and which adheres to the 48.17 provisions of the Civil Rights Act of 1964 and chapter 363. For 48.18 the purposes of this clause, "tuition" includes fees or tuition 48.19 as defined in section 290.0674, subdivision 1, clause (1). As 48.20 used in this clause, "textbooks" includes books and other 48.21 instructional materials and equipment used in elementary and 48.22 secondary schools in teaching only those subjects legally and 48.23 commonly taught in public elementary and secondary schools in 48.24 this state. Equipment expenses qualifying for deduction 48.25 includes expenses as defined and limited in section 290.0674, 48.26 subdivision 1, clause (3). "Textbooks" does not include 48.27 instructional books and materials used in the teaching of 48.28 religious tenets, doctrines, or worship, the purpose of which is 48.29 to instill such tenets, doctrines, or worship, nor does it 48.30 include books or materials for, or transportation to, 48.31 extracurricular activities including sporting events, musical or 48.32 dramatic events, speech activities, driver's education, or 48.33 similar programs. For purposes of the subtraction provided by 48.34 this clause, "qualifying child" has the meaning given in section 48.35 32(c)(3) of the Internal Revenue Code; 48.36 (4) contributions made in taxable years beginning after 49.1 December 31, 1981, and before January 1, 1985, to a qualified 49.2 governmental pension plan, an individual retirement account, 49.3 simplified employee pension, or qualified plan covering a 49.4 self-employed person that were included in Minnesota gross 49.5 income in the taxable year for which the contributions were made 49.6 but were deducted or were not included in the computation of 49.7 federal adjusted gross income, less any amount allowed to be 49.8 subtracted as a distribution under this subdivision or a 49.9 predecessor provision in taxable years that began before January 49.10 1, 2000. This subtraction applies only for taxable years 49.11 beginning after December 31, 1999, and before January 1, 2001; 49.12 (5) income as provided under section 290.0802; 49.13 (6) the amount of unrecovered accelerated cost recovery 49.14 system deductions allowed under subdivision 19g; 49.15 (7) to the extent included in federal adjusted gross 49.16 income, income realized on disposition of property exempt from 49.17 tax under section 290.491; 49.18 (8) to the extent not deducted in determining federal 49.19 taxable income, the amount paid for health insurance of 49.20 self-employed individuals as determined under section 162(l) of 49.21 the Internal Revenue Code, except that the percent limit does 49.22 not apply. If the taxpayer deducted insurance payments under 49.23 section 213 of the Internal Revenue Code of 1986, the 49.24 subtraction under this clause must be reduced by the lesser of: 49.25 (i) the total itemized deductions allowed under section 49.26 63(d) of the Internal Revenue Code, less state, local, and 49.27 foreign income taxes deductible under section 164 of the 49.28 Internal Revenue Code and the standard deduction under section 49.29 63(c) of the Internal Revenue Code; or 49.30 (ii) the lesser of (A) the amount of insurance qualifying 49.31 as "medical care" under section 213(d) of the Internal Revenue 49.32 Code to the extent not deducted under section 162(1) of the 49.33 Internal Revenue Code or excluded from income or (B) the total 49.34 amount deductible for medical care under section 213(a); 49.35 (9) the exemption amount allowed under Laws 1995, chapter 49.36 255, article 3, section 2, subdivision 3; 50.1 (10) to the extent included in federal taxable income, 50.2 postservice benefits for youth community service under section 50.3 124D.42 for volunteer service under United States Code, title 50.4 42, section 5011(d), as amendedsections 12601 to 12604; 50.5 (11) to the extent not deducted in determining federal 50.6 taxable income by an individual who does not itemize deductions 50.7 for federal income tax purposes for the taxable year, an amount 50.8 equal to 50 percent of the excess of charitable contributions 50.9 allowable as a deduction for the taxable year under section 50.10 170(a) of the Internal Revenue Code over $500; and 50.11 (12) to the extent included in federal taxable income, 50.12 holocaust victims' settlement payments for any injury incurred 50.13 as a result of the holocaust, if received by an individual who 50.14 was persecuted for racial or religious reasons by Nazi Germany 50.15 or any other Axis regime or an heir of such a person. 50.16 Sec. 51. Minnesota Statutes 1998, section 290.0802, 50.17 subdivision 2, is amended to read: 50.18 Subd. 2. [SUBTRACTION.] (a) A qualified individual is 50.19 allowed a subtraction from federal taxable income for the50.20 greaterof (1)the individual's subtraction base amount or (2)50.21 the minimum amount. The excess of the subtraction base amount 50.22 over the taxable net income computed without regard to the 50.23 subtraction for the elderly or disabled under section 290.01, 50.24 subdivision 19b, clause (5), may be used to reduce the amount of 50.25 a lump sum distribution subject to tax under section 290.032. 50.26 (b)(1) The initial subtraction base amount equals 50.27 (i) $12,000 for a married taxpayer filing a joint return if 50.28 a spouse is a qualified individual, 50.29 (ii) $9,600 for a single taxpayer, and 50.30 (iii) $6,000 for a married taxpayer filing a separate 50.31 federal return. 50.32 (2) The qualified individual's initial subtraction base 50.33 amount, then, must be reduced by the sum of nontaxable 50.34 retirement and disability benefits and one-half of the amount of 50.35 adjusted gross income in excess of the following thresholds: 50.36 (i) $18,000 for a married taxpayer filing a joint return if 51.1 both spouses are qualified individuals, 51.2 (ii) $14,500 for a single taxpayer or for a married couple 51.3 filing a joint return if only one spouse is a qualified 51.4 individual, and 51.5 (iii) $9,000 for a married taxpayer filing a separate 51.6 federal return. 51.7 (3) In the case of a qualified individual who is under the 51.8 age of 65, the maximum amount of the subtraction base may not 51.9 exceed the taxpayer's disability income. 51.10 (4) The resulting amount is the subtraction base amount. 51.11 (c) Qualified individuals who must include social security51.12 benefits above the second federal threshold in federal taxable51.13 income may claim a minimum amount equal to the lesser of51.14 (1) the amount of social security benefits above the second51.15 federal threshold included in federal taxable income; or51.16 (2) a minimum amount subject to an income phase-out.51.17 For taxable years beginning after December 31, 1993, and51.18 before January 1, 1995, the minimum amount equals51.19 (i) $3,750 for married individuals filing a joint return if51.20 both spouses are qualified individuals,51.21 (ii) $3,000 for a single taxpayer or for married51.22 individuals filing a joint return if one spouse is a qualified51.23 individual, and51.24 (iii) $1,875 for a married individual filing a separate51.25 return.51.26 For taxable years beginning after December 31, 1994, and51.27 before January 1, 1996, the minimum amount equals51.28 (i) $2,250 for married individuals filing a joint return if51.29 both spouses are qualified individuals,51.30 (ii) $1,800 for a single taxpayer or for married51.31 individuals filing a joint return if one spouse is a qualified51.32 individual, and51.33 (iii) $1,125 for married individuals filing a separate51.34 return.51.35 For taxable years beginning after December 31, 1995, and51.36 before January 1, 1997, the minimum amount equals52.1 (i) $1,000 for married individuals filing a joint return if52.2 both spouses are qualified individuals,52.3 (ii) $800 for a single taxpayer or for married individuals52.4 filing a joint return if one spouse is a qualified individual,52.5 and52.6 (iii) $500 for married individuals filing a separate return.52.7 For taxable years beginning after December 31, 1996, the52.8 minimum amount is zero.52.9 The minimum amount is reduced by 20 percent for each $1,00052.10 of adjusted gross income above an income threshold, but in no52.11 case may the minimum amount be reduced to less than zero. The52.12 income thresholds equal52.13 (i) $75,000 for married individuals filing a joint return52.14 if both spouses are qualified individuals,52.15 (ii) $60,000 for single taxpayers and for married52.16 individuals filing a joint return if only one spouse is a52.17 qualified individual, and52.18 (iii) $37,500 for married individuals filing a separate52.19 return.52.20 Sec. 52. Minnesota Statutes 1998, section 299A.02, is 52.21 amended to read: 52.22 299A.02 [COMMISSIONERS OF PUBLIC SAFETY AND REVENUE; LIQUOR 52.23 CONTROL FUNCTIONS.] 52.24 Subdivision 1. [CONFLICT OF INTEREST.] No employee of the 52.25 department of public safety or the department of revenue having 52.26 any responsibility for the administration or enforcement of 52.27 chapter 297C297G or 340A shall have a direct or indirect 52.28 interest, except through ownership or investment in pension or 52.29 mutual funds, in the manufacture, transportation or sale of 52.30 intoxicating liquor or any malt or vinous beverages, 52.31 intoxicating, nonintoxicating, or commercial or industrial 52.32 alcohol. The commissioner of public safety or the commissioner 52.33 of revenue may remove an employee in the unclassified civil 52.34 service for any intentional violation of any provision of 52.35 chapter 297C297G or 340A. Intentional violation of a provision 52.36 of chapter 297C297G or 340A by a classified employee of one of 53.1 the departments may be grounds for removal of that employee 53.2 pursuant to section 43A.33. 53.3 Subd. 2. [GENERAL POWERS.] The commissioner shall 53.4 administer and enforce the provisions of chapters 297C297G and 53.5 340A through the director of alcohol and gambling enforcement, 53.6 except for those provisions thereof for which administration and 53.7 enforcement are reserved to the commissioner of revenue. 53.8 Subd. 3. [REPORTS; RULES.] The commissioner shall have 53.9 power to require periodic factual reports from all licensed 53.10 importers, manufacturers, wholesalers and retailers of 53.11 intoxicating liquors and to make all reasonable rules to effect 53.12 the object of chapters 297C297G and 340A. The rules shall 53.13 include provisions for assuring the purity of intoxicating 53.14 liquors and the true statement of its contents and proper 53.15 labeling thereof with regard to all forms of sale. No rule may 53.16 require the use of new containers in aging whiskey. No rule may 53.17 require cordials or liqueurs to contain in excess of 2-1/2 53.18 percent by weight of sugar or dextrose or both. 53.19 Subd. 4. [SUBPOENA.] In all matters relating to official 53.20 duties, the commissioner shall have the powers possessed by 53.21 courts of law to issue subpoenas and cause them to be served and 53.22 enforced. All public officials, and their respective deputies 53.23 and employees, and all individuals, partnerships, firms, 53.24 corporations, incorporated and unincorporated associations, and 53.25 others who manufacture, transport, or sell intoxicating liquor, 53.26 or are connected therewith in any manner, shall at all times 53.27 attend and answer under oath the commissioner's lawful 53.28 inquiries, produce and exhibit such books, accounts, documents 53.29 and property as the commissioner may desire to inspect, and in 53.30 all things aid the commissioner in the performance of the 53.31 commissioner's duties. 53.32 Sec. 53. Minnesota Statutes 1998, section 319B.02, 53.33 subdivision 13, is amended to read: 53.34 Subd. 13. [OWNER.] "Owner" means: 53.35 (1) with respect to a professional firm that is a 53.36 corporation, except a nonprofit corporation, an owner of shares 54.1 in the corporation; 54.2 (2) with respect to a professional firm that is a limited 54.3 liability company, a membership interestmember in the limited 54.4 liability company; and 54.5 (3) with respect to a professional firm that is a limited 54.6 liability partnership, a partnership interestpartner in the 54.7 limited liability partnership. 54.8 Sec. 54. Minnesota Statutes 1998, section 325D.33, 54.9 subdivision 8, is amended to read: 54.10 Subd. 8. [PENALTIES.] (a) A retailer who sells cigarettes 54.11 for less than a legal retail price may be assessed a penalty in 54.12 the full amount of three times the difference between the actual 54.13 selling price and a legal price under sections 325D.30 to 54.14 325D.42. This penalty may be collected under the authorities 54.15 given the commissioner in chapters 270 and 297297F, and the 54.16 penalty shall bear interest at the rate prescribed by section 54.17 270.75, subdivision 5. 54.18 (b) A wholesaler who sells cigarettes for less than a legal 54.19 price may be assessed a penalty in the full amount of three 54.20 times the difference between the actual selling price and the 54.21 legal price under sections 325D.30 to 325D.42. This penalty may 54.22 be collected under the authorities given the commissioner in 54.23 chapters 270 and 297297F, and the penalty shall bear interest 54.24 at the rate prescribed by section 270.75, subdivision 5. 54.25 (c) A retailer who engages in a plan, scheme, or device 54.26 with a wholesaler to purchase cigarettes at a price which the 54.27 retailer knows to be less than a legal price may be assessed a 54.28 penalty in the full amount of three times the difference between 54.29 the actual purchase price and the legal price under sections 54.30 325D.30 to 325D.42. A retailer that coerces or requires a 54.31 wholesaler to sell cigarettes at a price which the retailer 54.32 knows to be less than a legal price may be assessed a penalty in 54.33 the full amount of three times the difference between the actual 54.34 purchase price and the legal price. These penalties may be 54.35 collected under the authorities given the commissioner in 54.36 chapters 270 and 297297F, and the penalties shall bear interest 55.1 at the rate prescribed by section 270.75, subdivision 5. 55.2 For purposes of this subdivision, a retailer is presumed to 55.3 know that a purchase price is less than a legal price if any of 55.4 the following have been done: 55.5 (1) the commissioner has published the legal price in the 55.6 Minnesota State Register; 55.7 (2) the commissioner has provided written notice to the 55.8 retailer of the legal price; 55.9 (3) the commissioner has provided written notice to the 55.10 retailer that the retailer is purchasing cigarettes for less 55.11 than a legal price; 55.12 (4) the commissioner has issued a written order to the 55.13 retailer to cease and desist from purchases of cigarettes for 55.14 less than a legal price; or 55.15 (5) there is evidence that the retailer has knowledge of, 55.16 or has participated in, efforts to disguise or misrepresent the 55.17 actual purchase price as equal to or more than a legal price, 55.18 when it is actually less than a legal price. 55.19 In any proceeding arising under this subdivision, the 55.20 commissioner shall have the burden of providing by a reasonable 55.21 preponderance of the evidence that the facts necessary to 55.22 establish the presumption set forth in this section exist, or 55.23 that the retailer had knowledge that a purchase price was less 55.24 than the legal price. 55.25 (d) The commissioner may not assess penalties against any 55.26 wholesaler, retailer, or combination of wholesaler and retailer, 55.27 which are greater than three times the difference between the 55.28 actual price and the legal price under sections 325D.30 to 55.29 325D.42. 55.30 Sec. 55. Minnesota Statutes 1998, section 325D.415, is 55.31 amended to read: 55.32 325D.415 [CIGARETTE DISTRIBUTOR FEES.] 55.33 A cigarette distributor as defined in section 297F.01, 55.34 subdivision 4, shall pay to the commissioner an annual fee as 55.35 follows: 55.36 (1) a fee of $2,500 is due from those distributors whose 56.1 annual cigarette tax collections exceed $2,000,000; and 56.2 (2) a fee of $1,200 is due from those distributors whose 56.3 annual cigarette tax collections are $2,000,000 or less. 56.4 The annual fee must be paid by December 31 of each year. 56.5 If the fee is not paid when due, the commissioner shall revoke 56.6 or refuse to issue or renew the license under chapter 297297F. 56.7 The annual fee must be deposited into the general fund. 56.8 Sec. 56. Minnesota Statutes 1998, section 352D.02, 56.9 subdivision 1, is amended to read: 56.10 Subdivision 1. [COVERAGE.] (a) Employees enumerated in 56.11 paragraph (c), clauses (2), (3), (4), and (6) to (15)(14), if 56.12 they are in the unclassified service of the state or 56.13 metropolitan council and are eligible for coverage under the 56.14 general state employees retirement plan under chapter 352, are 56.15 participants in the unclassified program under this chapter 56.16 unless the employee gives notice to the executive director of 56.17 the Minnesota state retirement system within one year following 56.18 the commencement of employment in the unclassified service that 56.19 the employee desires coverage under the general state employees 56.20 retirement plan. For the purposes of this chapter, an employee 56.21 who does not file notice with the executive director is deemed 56.22 to have exercised the option to participate in the unclassified 56.23 plan. 56.24 (b) Persons referenced in paragraph (c), clauses (1) and 56.25 (5), are participants in the unclassified program under this 56.26 chapter unless the person is eligible to elect different 56.27 coverage under section 3A.07 or 352C.011 and, after July 1, 56.28 1998, elects retirement coverage by the applicable alternative 56.29 retirement plan. 56.30 (c) Enumerated employees and referenced persons are: 56.31 (1) the governor, the lieutenant governor, the secretary of 56.32 state, the state auditor, the state treasurer, and the attorney 56.33 general; 56.34 (2) an employee in the office of the governor, lieutenant 56.35 governor, secretary of state, state auditor, state treasurer, 56.36 attorney general; 57.1 (3) an employee of the state board of investment; 57.2 (4) the head of a department, division, or agency created 57.3 by statute in the unclassified service, an acting department 57.4 head subsequently appointed to the position, or an employee 57.5 enumerated in section 15A.0815 or 15A.083, subdivision 4; 57.6 (5) a member of the legislature; 57.7 (6) a permanent, full-time unclassified employee of the 57.8 legislature or a commission or agency of the legislature or a 57.9 temporary legislative employee having shares in the supplemental 57.10 retirement fund as a result of former employment covered by this 57.11 chapter, whether or not eligible for coverage under the 57.12 Minnesota state retirement system; 57.13 (7) a person who is employed in a position established 57.14 under section 43A.08, subdivision 1, clause (3), or in a 57.15 position authorized under a statute creating or establishing a 57.16 department or agency of the state, which is at the deputy or 57.17 assistant head of department or agency or director level; 57.18 (8) the regional administrator, or executive director of 57.19 the metropolitan council, general counsel, division directors, 57.20 operations managers, and other positions as designated by the 57.21 council, all of which may not exceed 27 positions at the council 57.22 and the chair, provided that upon initial designation of all 57.23 positions provided for in this clause, no further designations 57.24 or redesignations may be made without approval of the board of 57.25 directors of the Minnesota state retirement system; 57.26 (9) the executive director, associate executive director, 57.27 and not to exceed nine positions of the higher education 57.28 services office in the unclassified service, as designated by 57.29 the higher education services office before January 1, 1992, or 57.30 subsequently redesignated with the approval of the board of 57.31 directors of the Minnesota state retirement system, unless the 57.32 person has elected coverage by the individual retirement account 57.33 plan under chapter 354B; 57.34 (10) the clerk of the appellate courts appointed under 57.35 article VI, section 2, of the Constitution of the state of 57.36 Minnesota; 58.1 (11) the chief executive officers of correctional 58.2 facilities operated by the department of corrections and of 58.3 hospitals and nursing homes operated by the department of human 58.4 services; 58.5 (12) an employee whose principal employment is at the state 58.6 ceremonial house; 58.7 (13) an employee of the Minnesota educational computing 58.8 corporation; and 58.9 (14) an employee of the world trade center board; and58.10 (15)an employee of the state lottery board who is covered 58.11 by the managerial plan established under section 43A.18, 58.12 subdivision 3. 58.13 Sec. 57. Minnesota Statutes 1998, section 429.091, 58.14 subdivision 8, is amended to read: 58.15 Subd. 8. [ FEDERAL VOLUME LIMITATION ACTWHEN BOND 58.16 ALLOCATION ACT APPLIES.] Sections 474A.01 to 474A.21 apply to 58.17 any issuance of obligations under this section which are subject 58.18 to limitation under a federal Volume Limitation Act as defined58.19 in section 474A.02, subdivision 9, or existingfederal tax law 58.20 as defined in section 474A.02, subdivision 8. 58.21 Sec. 58. Minnesota Statutes 1998, section 430.12, is 58.22 amended to read: 58.23 430.12 [BONDS FOR IMPROVEMENTS.] 58.24 The city council may issue and sell special certificates of 58.25 indebtedness or special street or parkway improvement bonds as 58.26 necessary to pay for making improvements and paying damages. 58.27 The holders of the certificates or bonds are entitled to all 58.28 amounts realized on any assessment, or, in the council's 58.29 discretion, the holders of a series of two or more certificates 58.30 or bonds have those rights against one assessment or against the 58.31 assessments in two or more different proceedings. The principal 58.32 and interest will be payable at fixed dates out of the funds 58.33 collected from the assessments, including interest and 58.34 penalties, and those funds are pledged for the pro rata payment 58.35 of the certificates or bonds and related interest as they become 58.36 due. These certificates or bonds may be made payable to the 59.1 bearer, with interest coupons attached, and the city council may 59.2 bind the city to make good deficiencies in the collection up to, 59.3 but not exceeding, the principal and interest at the rate fixed 59.4 under this section and for the time specified in section 59.5 430.06. If the city, because of this guaranty, redeems a 59.6 certificate or bond, it is subrogated to the holder's rights. 59.7 For the purpose of this guaranty, penalties collected must be 59.8 credited upon deficiencies of principal and interest before the 59.9 city is liable. These certificates or bonds must be sold at 59.10 public sale or by sealed proposals at a meeting after at least 59.11 two weeks' published notice, to the purchaser who will pay the 59.12 par value at the lowest interest rate. The certificates or 59.13 bonds must be drawn accordingly. 59.14 The rate of interest may not exceed seven percent per year, 59.15 payable annually or semiannually. The city clerk shall certify 59.16 to the county auditor the rate of interest determined at the 59.17 first bond sale held for any improvement under this chapter, and 59.18 interest must be computed on the assessments at this annual 59.19 rate, in accordance with section 430.06. If the rate of 59.20 interest determined at any subsequent bond sale for the same 59.21 improvement is greater than the rate determined at the first 59.22 bond sale, the difference between these rates of interest must 59.23 be a general city charge. 59.24 If the proceeds of special certificates of indebtedness or 59.25 special street or parkway improvement bonds are in excess of the 59.26 amount actually necessary to make the improvements for which 59.27 they were issued, or if the proceeds are not immediately 59.28 required for the prosecution or completion of the improvement, 59.29 the proceeds may meanwhile be used by the city council for other 59.30 improvements authorized under this chapter, and the proceeds 59.31 used must be replaced and made good as necessary from the 59.32 proceeds of special certificates of indebtedness or special 59.33 bonds issued for other improvements. 59.34 Sections 474A.01 to 474A.21 apply to any obligations issued 59.35 under this section that are subject to limitation under a 59.36 federal volume limitation act as defined in section 474A.02,60.1 subdivision 9, or existingfederal tax law as defined in section 60.2 474A.02, subdivision 8. 60.3 Sec. 59. Minnesota Statutes 1998, section 459.35, is 60.4 amended to read: 60.5 459.35 [ FEDERAL VOLUME LIMITATION ACTWHEN BOND ALLOCATION 60.6 ACT APPLIES.] 60.7 Sections 474A.01 to 474A.21 apply to any issuance of 60.8 obligations under this chapter which are subject to limitation 60.9 under a federal Volume Limitation Act as defined in section60.10 474A.02, subdivision 9, or existingfederal tax law as defined 60.11 in section 474A.02, subdivision 8. 60.12 Sec. 60. Minnesota Statutes 1999 Supplement, section 60.13 465.797, subdivision 1, is amended to read: 60.14 Subdivision 1. [GENERALLY.] (a) Except as provided in 60.15 paragraph (b), a local government unit may request the board of 60.16 government innovation and cooperation to grant a waiver from one 60.17 or more administrative rules or a temporary, limited exemption 60.18 from enforcement of state procedural laws governing delivery of 60.19 services by the local government unit. Two or more local 60.20 government units may submit a joint application for a waiver or 60.21 exemption under this section if they propose to cooperate in 60.22 providing a service or program that is subject to the rule or 60.23 law. Before submitting an application to the board, the 60.24 governing body of the local government unit must approve, in 60.25 concept, the proposed waiver or exemption at a meeting required 60.26 to be public under section 471.705. A local government unit or 60.27 two or more units acting jointly may apply for a waiver or 60.28 exemption on behalf of a nonprofit organization providing 60.29 services to clients whose costs are paid by the unit or units. 60.30 A waiver or exemption granted to a nonprofit organization under 60.31 this section applies to services provided to all the 60.32 organization's clients. 60.33 (b) A school district that is granted a variance from rules 60.34 of the commissioner of children, families, and learning under 60.35 section 122A.164122A.163, need not apply to the board for a 60.36 waiver of those rules under this section. A school district may 61.1 not seek a waiver of rules under this section if the 61.2 commissioner of children, families, and learning has authority 61.3 to grant a variance to the rules under section 122A.16461.4 122A.163. This paragraph does not preclude a school district 61.5 from being included in a cooperative effort with another local 61.6 government unit under this section. 61.7 Sec. 61. Minnesota Statutes 1998, section 469.036, is 61.8 amended to read: 61.9 469.036 [ FEDERAL VOLUME LIMITATION ACTWHEN BOND ALLOCATION 61.10 ACT APPLIES.] 61.11 Sections 474A.01 to 474A.21 apply to any issuance of 61.12 obligations under sections 469.001 to 469.047 that are subject 61.13 to limitation under a federal Volume Limitation Act as defined61.14 in section 474A.02, subdivision 9, or existingfederal tax law 61.15 as defined in section 474A.02, subdivision 8. 61.16 Sec. 62. Minnesota Statutes 1998, section 469.040, 61.17 subdivision 4, is amended to read: 61.18 Subd. 4. [FACILITIES FUNDED FROM MULTIPLE SOURCES.] In the 61.19 metropolitan area, as defined in section 473.121, subdivision 2, 61.20 the tax treatment provided in subdivision 3 applies to that 61.21 portion of any multifamily rental housing facility represented 61.22 by the ratio of (1) the number of units in the facility that are 61.23 subject to the requirements of Section 5 of the United States 61.24 Housing Act of 1937, as the result of the implementation of a 61.25 federal court order or consent decree to (2) the total number of 61.26 units within the facility. 61.27 The housing and redevelopment authority for the city in 61.28 which the facility is located, any public entity exercising the 61.29 powers of such housing and redevelopment authority, or the 61.30 county housing and redevelopment authority for the county in 61.31 which the facility is located, shall annually certify to the 61.32 assessor responsible for assessing the facility, at the time and 61.33 in the manner required by the assessor, the number of units in 61.34 the facility that are subject to the requirements of Section 5 61.35 of the United States Housing Act of 1937. 61.36 Nothing in this subdivision shall prevent that portion of 62.1 the facility not subject to this subdivision from meeting the 62.2 requirements of section 273.1317273.126, and for that purpose 62.3 the total number of units in the facility must be taken into 62.4 account. 62.5 Sec. 63. Minnesota Statutes 1998, section 469.063, is 62.6 amended to read: 62.7 469.063 [ SECTIONS THAT APPLY IF FEDERAL LIMIT APPLIESWHEN 62.8 BOND ALLOCATION ACT APPLIES.] 62.9 Sections 474A.01 to 474A.21 apply to obligations issued 62.10 under sections 469.048 to 469.068 that are limited by a federal62.11 Volume Limitation Act as defined in section 474A.02, subdivision62.12 9, or existingfederal tax law as defined in section 474A.02, 62.13 subdivision 8. 62.14 Sec. 64. Minnesota Statutes 1998, section 469.116, 62.15 subdivision 8, is amended to read: 62.16 Subd. 8. [ FEDERAL VOLUME LIMITATION ACTWHEN BOND 62.17 ALLOCATION ACT APPLIES.] Sections 474A.01 to 474A.21 apply to 62.18 any issuance of obligations under this section which are subject 62.19 to limitation under a federal Volume Limitation Act as defined62.20 in section 474A.02, subdivision 9, or existingfederal tax law 62.21 as defined in section 474A.02, subdivision 8. 62.22 Sec. 65. Minnesota Statutes 1998, section 469.1733, 62.23 subdivision 1, is amended to read: 62.24 Subdivision 1. [DELINQUENT TAXPAYERS.] An individual or a 62.25 business is not eligible for the exemptions or credits available 62.26 under section 272.0212, 469.1732, or 469.1734, if the individual 62.27 or business owes delinquent amounts under chapter 290, 296296A, 62.28 297,297A, 297B, 297F, or 297C297G or if the individual or 62.29 business owns property located in the city or county in which 62.30 the zone is located on which the property taxes are delinquent. 62.31 Delinquency is determined as of the date of the application for 62.32 a certificate under section 469.1735, subdivision 1. As a 62.33 condition of receiving a certificate, the individual or business 62.34 must authorize the department of revenue to disclose information 62.35 necessary to make the determination under this subdivision 62.36 notwithstanding any provision of chapter 270B or other law to 63.1 the contrary. 63.2 Sec. 66. Minnesota Statutes 1998, section 469.178, 63.3 subdivision 6, is amended to read: 63.4 Subd. 6. [ FEDERAL VOLUME LIMITATIONSWHEN BOND ALLOCATION 63.5 ACT APPLIES.] Sections 474A.01 to 474A.21 apply to any issuance 63.6 of obligations under this section that are subject to limitation 63.7 under a federal Volume Limitation Act as defined in section63.8 474A.02, subdivision 9, or existingfederal tax law as defined 63.9 in section 474A.02, subdivision 8. 63.10 Sec. 67. Minnesota Statutes 1998, section 469.203, 63.11 subdivision 4, is amended to read: 63.12 Subd. 4. [CITY APPROVAL OF PROGRAM.] (a) Before adoption 63.13 of a revitalization program under paragraph (b), the city must 63.14 submit a preliminary program to the commissioner , the63.15 commissioner of trade and economic development,and the 63.16 Minnesota housing finance agency for their comments. The city 63.17 may not adopt the revitalization program until comments have 63.18 been received from the state agencies or 30 days have elapsed 63.19 without response after the program was sent to them. Comments 63.20 received by the city from the state agencies within the 30-day 63.21 period must be responded to in writing by the city before 63.22 adoption of the program by the city. 63.23 (b) The city may adopt a revitalization program only after 63.24 holding a public hearing after the program has been prepared. 63.25 Notice of the hearing must be provided in a newspaper of general 63.26 circulation in the city and in the most widely circulated 63.27 community newspaper in the targeted neighborhoods not less than 63.28 ten days nor more than 30 days before the date of the hearing. 63.29 (c) A certification by the city that a revitalization 63.30 program has been approved by the city council for the targeted 63.31 neighborhood must be provided to the commissioner together with 63.32 a copy of the program. A copy of the program must also be 63.33 provided to the Minnesota housing finance agency and the 63.34 commissioner of trade and economic development. 63.35 (d) A revitalization program for the city may be modified 63.36 at any time by the city council after a public hearing, notice 64.1 of which is published in a newspaper of general circulation in 64.2 the city and in the targeted neighborhood at least ten days nor 64.3 more than 30 days before the date of the hearing. If the city 64.4 council determines that the proposed modification is a 64.5 significant modification to the program originally certified 64.6 under paragraph (c), the city council shall implement the 64.7 revitalization program approval and certification process of 64.8 this subdivision for the proposed modification. 64.9 Sec. 68. Minnesota Statutes 1998, section 473.3994, 64.10 subdivision 13, is amended to read: 64.11 Subd. 13. [DISPUTE RESOLUTION.] In the event of a dispute 64.12 between any of the parties arising from the parties' respective 64.13 authority and responsibility under this section or section64.14 473.3998, the dispute shall be submitted to the metropolitan 64.15 council for final resolution by any party to the dispute. The 64.16 metropolitan council shall establish by July 1, 1993, a process 64.17 to ensure a prompt and speedy resolution of the dispute. This 64.18 process shall allow the parties to provide evidence and 64.19 testimony in support of their positions. 64.20 Sec. 69. Minnesota Statutes 1998, section 475.77, is 64.21 amended to read: 64.22 475.77 [ OBLIGATIONS SUBJECT TO FEDERAL VOLUME LIMITATION64.23 ACTWHEN BOND ALLOCATION ACT APPLIES.] 64.24 Sections 474A.01 to 474A.21 apply to any issuance of 64.25 obligations which are subject to limitation under a Federal64.26 Volume Limitation Act as defined in section 474A.02, subdivision64.27 9, or existingfederal tax law as defined in section 474A.02, 64.28 subdivision 8. 64.29 Sec. 70. Minnesota Statutes 1999 Supplement, section 64.30 504B.161, subdivision 1, is amended to read: 64.31 Subdivision 1. [REQUIREMENTS.] In every lease or license 64.32 of residential premises, the landlord or licensor covenants: 64.33 (1) that the premises and all common areas are fit for the 64.34 use intended by the parties; 64.35 (2) to keep the premises in reasonable repair during the 64.36 term of the lease or license, except when the disrepair has been 65.1 caused by the willful, malicious, or irresponsible conduct of 65.2 the tenant or licensee or a person under the direction or 65.3 control of the tenant or licensee; and 65.4 (3) to maintain the premises in compliance with the 65.5 applicable health and safety laws of the state, including the 65.6 weatherstripping, caulking, storm window, and storm door energy 65.7 efficiency standards for renter-occupied residences prescribed 65.8 by section 216C.27, subdivisions 1 and 3, and of the local units 65.9 of government where the premises are located during the term of 65.10 the lease or license, except when violation of the health and 65.11 safety laws has been caused by the willful, malicious, or 65.12 irresponsible conduct of the tenant or licensee or a person 65.13 under the direction or control of the tenant or licensee. 65.14 The parties to a lease or license of residential premises 65.15 may not waive or modify the covenants imposed by this section. 65.16 Sec. 71. Minnesota Statutes 1999 Supplement, section 65.17 504B.181, subdivision 5, is amended to read: 65.18 Subd. 5. [NOTICE TO LANDLORD.] Any residential tenant who 65.19 moves from or subleases the premises without giving the landlord 65.20 at least 30 days written notice shall void any provision of this 65.21 section and section 504B.191,as to that tenant. 65.22 Sec. 72. Minnesota Statutes 1999 Supplement, section 65.23 515B.1-102, is amended to read: 65.24 515B.1-102 [APPLICABILITY.] 65.25 (a) Except as provided in this section, this chapter, and 65.26 not chapters 515 and 515A, applies to all common interest 65.27 communities created within this state on and after June 1, 1994. 65.28 (b) The applicability of this chapter to common interest 65.29 communities created prior to June 1, 1994, shall be as follows: 65.30 (1) This chapter shall apply to condominiums created under 65.31 chapter 515A with respect to events and circumstances occurring 65.32 on and after June 1, 1994; provided (i) that this chapter shall 65.33 not invalidate the declarations, bylaws or condominium plats of 65.34 those condominiums, and (ii) that chapter 515A, and not this 65.35 chapter, shall govern all rights and obligations of a declarant 65.36 of a condominium created under chapter 515A, and the rights and 66.1 claims of unit owners against that declarant. 66.2 (2) The following sections in this chapter apply to 66.3 condominiums created under chapter 515: 515B.1-104 (Variation 66.4 by Agreement); 515B.1-105 (Separate Titles and Taxation); 66.5 515B.1-106 (Applicability of Local Ordinances, Regulations, and 66.6 Building Codes); 515B.1-107 (Eminent Domain); 515B.1-108 66.7 (Supplemental General Principles of Law Applicable); 515B.1-109 66.8 (Construction Against Implicit Repeal); 515B.1-110 (Uniformity66.9 of Application and Construction);515B.1-111 (Severability); 66.10 515B.1-112 (Unconscionable Agreement or Term of Contract); 66.11 515B.1-113 (Obligation of Good Faith); 515B.1-114 (Remedies to 66.12 be Liberally Administered); 515B.1-115 (Notice); 515B.1-116 66.13 (Recording); 515B.2-103 (Construction and Validity of 66.14 Declaration and Bylaws); 515B.2-104 (Description of Units); 66.15 515B.2-108(d) (Allocation of Interests); 515B.2-109(c) (Common 66.16 Elements and Limited Common Elements); 515B.2-112 (Subdivision 66.17 or Conversion of Units); 515B.2-113 (Alteration of Units); 66.18 515B.2-114 (Relocation of Boundaries Between Adjoining Units); 66.19 515B.2-115 (Minor Variations in Boundaries); 515B.2-118 66.20 (Amendment of Declaration); 515B.3-102 (Powers of Unit Owners' 66.21 Association); 515B.3-103(a), (b), and (g) (Board; Directors and 66.22 Officers; Period of Declarant Control); 515B.3-107 (Upkeep of 66.23 Common Interest Community); 515B.3-108 (Meetings); 515B.3-109 66.24 (Quorums); 515B.3-110 (Voting; Proxies); 515B.3-111 (Tort and 66.25 Contract Liability); 515B.3-112 (Conveyance or Encumbrance of 66.26 Common Elements); 515B.3-113 (Insurance); 515B.3-114 (Reserves; 66.27 Surplus Funds); 515B.3-115 (c), (e), (f), (g), (h), and (i) 66.28 (Assessments for Common Expenses); 515B.3-116 (Lien for 66.29 Assessments); 515B.3-117 (Other Liens); 515B.3-118 (Association 66.30 Records); 515B.3-119 (Association as Trustee); 515B.3-121 66.31 (Accounting Controls); 515B.4-107 (Resale of Units); 515B.4-108 66.32 (Purchaser's Right to Cancel Resale); and 515B.4-116 (Rights of 66.33 Action; Attorney's Fees). Section 515B.1-103 (Definitions) 66.34 shall apply to the extent necessary in construing any of the 66.35 sections referenced in this section. Sections 515B.1-105, 66.36 515B.1-106, 515B.1-107, 515B.1-116, 515B.2-103, 515B.2-104, 67.1 515B.2-118, 515B.3-102, 515B.3-110, 515B.3-111, 515B.3-113, 67.2 515B.3-116, 515B.3-117, 515B.3-118, 515B.3-121, 515B.4-107, 67.3 515B.4-108, and 515B.4-116 apply only with respect to events and 67.4 circumstances occurring on and after June 1, 1994. All other 67.5 sections referenced in this section apply only with respect to 67.6 events and circumstances occurring after May 31, 1999. A 67.7 section referenced in this section does not invalidate the 67.8 declarations, bylaws or condominium plats of condominiums 67.9 created before August 1, 1999. But all sections referenced in 67.10 this section prevail over the declarations, bylaws, CIC plats, 67.11 rules and regulations under them, of condominiums created before 67.12 August 1, 1999, except to the extent that this chapter defers to 67.13 the declarations, bylaws, CIC plats, or rules and regulations 67.14 issued under them. 67.15 (3) This chapter shall not apply to cooperatives and 67.16 planned communities created prior to June 1, 1994; except by 67.17 election pursuant to subsection (d), and except that sections 67.18 515B.1-116, subsections (a), (c), (d), (e), (f), and (h), 67.19 515B.4-107, and 515B.4-108, apply to all planned communities and 67.20 cooperatives regardless of when they are created. 67.21 (c) This chapter shall not invalidate any amendment to the 67.22 declaration, bylaws or condominium plat of any condominium 67.23 created under chapter 515 or 515A if the amendment was recorded 67.24 before June 1, 1994. Any amendment recorded on or after June 1, 67.25 1994, shall be adopted in conformity with the procedures and 67.26 requirements specified by those instruments and by this 67.27 chapter. If the amendment grants to any person any rights, 67.28 powers or privileges permitted by this chapter, all correlative 67.29 obligations, liabilities and restrictions contained in this 67.30 chapter shall also apply to that person. 67.31 (d) Any condominium created under chapter 515, any planned 67.32 community or cooperative which would be exempt from this chapter 67.33 under subsection (e), or any planned community or cooperative 67.34 created prior to June 1, 1994, may elect to be subject to this 67.35 chapter, as follows: 67.36 (1) The election shall be accomplished by recording a 68.1 declaration or amended declaration, and a new or amended CIC 68.2 plat where required, and by approving bylaws or amended bylaws, 68.3 which conform to the requirements of this chapter, and which, in 68.4 the case of amendments, are adopted in conformity with the 68.5 procedures and requirements specified by the existing 68.6 declaration and bylaws of the common interest community, and by 68.7 any applicable statutes. 68.8 (2) In a condominium, the preexisting condominium plat 68.9 shall be the CIC plat and an amended CIC plat shall be required 68.10 only if the amended declaration or bylaws contain provisions 68.11 inconsistent with the preexisting condominium plat. The 68.12 condominium's CIC number shall be the apartment ownership number 68.13 or condominium number originally assigned to it by the recording 68.14 officer. In a cooperative in which the unit owners' interests 68.15 are characterized as real estate, a CIC plat shall be required. 68.16 In a planned community, the preexisting plat recorded pursuant 68.17 to chapter 505, 508, or 508A, or the part of the plat upon which 68.18 the common interest community is located, shall be the CIC plat. 68.19 (3) The amendment shall conform to the requirements of 68.20 section 515B.2-118(d). 68.21 (4) Except as permitted by paragraph (3), no declarant, 68.22 affiliate of declarant, association, master association nor unit 68.23 owner may acquire, increase, waive, reduce or revoke any 68.24 previously existing warranty rights or causes of action that one 68.25 of said persons has against any other of said persons by reason 68.26 of exercising the right of election under this subsection. 68.27 (5) A common interest community which elects to be subject 68.28 to this chapter may, as a part of the election process, change 68.29 its form of ownership by complying with the requirements of 68.30 section 515B.2-123. 68.31 (e) Except as otherwise provided in this subsection, this 68.32 chapter shall not apply, except by election pursuant to 68.33 subsection (d), to the following: 68.34 (1) a planned community or cooperative which consists of 12 68.35 or fewer units subject to the same declaration, which is not 68.36 subject to any rights to add additional real estate and which 69.1 will not be subject to a master association; 69.2 (2) a common interest community where the units consist 69.3 solely of separate parcels of real estate designed or utilized 69.4 for detached single family dwellings or agricultural purposes, 69.5 and where the association has no obligation to maintain any 69.6 building containing a dwelling or any agricultural building; 69.7 (3) a cooperative where, at the time of creation of the 69.8 cooperative, the unit owners' interests in the dwellings as 69.9 described in the declaration consist solely of proprietary 69.10 leases having an unexpired term of fewer than 20 years, 69.11 including renewal options; 69.12 (4) planned communities and cooperatives limited by the 69.13 declaration to nonresidential use; or 69.14 (5) real estate subject only to an instrument or 69.15 instruments filed primarily for the purpose of creating or 69.16 modifying rights with respect to access, utilities, parking, 69.17 ditches, drainage, or irrigation. 69.18 (f) Section 515B.1-106 shall apply to all common interest 69.19 communities. 69.20 Sec. 73. Minnesota Statutes 1999 Supplement, section 69.21 515B.1-103, is amended to read: 69.22 515B.1-103 [DEFINITIONS.] 69.23 In the declaration and bylaws, unless specifically provided 69.24 otherwise or the context otherwise requires, and in this chapter: 69.25 (1) "Additional real estate" means real estate that may be 69.26 added to a flexible common interest community. 69.27 (2) "Affiliate of a declarant" means any person who 69.28 controls, is controlled by, or is under common control with a 69.29 declarant. 69.30 (A) A person "controls" a declarant if the person (i) is a 69.31 general partner, officer, director, or employer of the 69.32 declarant, (ii) directly or indirectly or acting in concert with 69.33 one or more other persons, or through one or more subsidiaries, 69.34 owns, controls, holds with power to vote, or holds proxies 69.35 representing, more than 20 percent of the voting interest in the 69.36 declarant, (iii) controls in any manner the election of a 70.1 majority of the directors of the declarant, or (iv) has 70.2 contributed more than 20 percent of the capital of the declarant. 70.3 (B) A person "is controlled by" a declarant if the 70.4 declarant (i) is a general partner, officer, director, or 70.5 employer of the person, (ii) directly or indirectly or acting in 70.6 concert with one or more other persons, or through one or more 70.7 subsidiaries, owns, controls, holds with power to vote, or holds 70.8 proxies representing, more than 20 percent of the voting 70.9 interest in the person, (iii) controls in any manner the 70.10 election of a majority of the directors of the person, or (iv) 70.11 has contributed more than 20 percent of the capital of the 70.12 person. 70.13 (C) Control does not exist if the powers described in this 70.14 subsection are held solely as a security interest and have not 70.15 been exercised. 70.16 (3) "Allocated interests" means the following interests 70.17 allocated to each unit: (i) in a condominium, the undivided 70.18 interest in the common elements, the common expense liability, 70.19 and votes in the association; (ii) in a cooperative, the common 70.20 expense liability and the ownership interest and votes in the 70.21 association; and (iii) in a planned community, the common 70.22 expense liability and votes in the association. 70.23 (4) "Association" means the unit owners' association 70.24 organized under section 515B.3-101. 70.25 (5) "Board" means the body, regardless of name, designated 70.26 in the articles of incorporation, bylaws or declaration to act 70.27 on behalf of the association, or on behalf of a master 70.28 association when so identified. 70.29 (6) "CIC plat" means a common interest community plat 70.30 described in section 515B.2-110. 70.31 (7) "Common elements" means all portions of the common 70.32 interest community other than the units. 70.33 (8) "Common expenses" means expenditures made or 70.34 liabilities incurred by or on behalf of the association, or 70.35 master association when so identified, together with any 70.36 allocations to reserves. 71.1 (9) "Common expense liability" means the liability for 71.2 common expenses allocated to each unit pursuant to section 71.3 515B.2-108. 71.4 (10) "Common interest community" or "CIC" means contiguous 71.5 or noncontiguous real estate within Minnesota that is subject to 71.6 an instrument which obligates persons owning a separately 71.7 described parcel of the real estate, or occupying a part of the 71.8 real estate pursuant to a proprietary lease, by reason of their 71.9 ownership or occupancy, to pay for (i) real estate taxes levied 71.10 against; (ii) insurance premiums payable with respect to; (iii) 71.11 maintenance of; or (iv) construction, maintenance, repair or 71.12 replacement of improvements located on one or more parcels or 71.13 parts of the real estate other than the parcel or part that the 71.14 person owns or occupies. Real estate subject to a master 71.15 association, regardless of when the master association was 71.16 formed, shall not collectively constitute a separate common 71.17 interest community unless so stated in the master declaration 71.18 recorded against the real estate pursuant to section 515B.2-121, 71.19 subsection (f)(1). 71.20 (11) "Condominium" means a common interest community in 71.21 which (i) portions of the real estate are designated as units, 71.22 (ii) the remainder of the real estate is designated for common 71.23 ownership solely by the owners of the units, and (iii) undivided 71.24 interests in the common elements are vested in the unit owners. 71.25 (12) "Conversion property" means real estate on which is 71.26 located a building that at any time within two years before 71.27 creation of the common interest community was occupied as a 71.28 residence wholly or partially by persons other than purchasers 71.29 and persons who occupy with the consent of purchasers. 71.30 (13) "Cooperative" means a common interest community in 71.31 which the real estate is owned by an association, each of whose 71.32 members is entitled by virtue of the member's ownership interest 71.33 in the association to a proprietary lease. 71.34 (14) "Dealer" means a person in the business of selling 71.35 units for the person's own account. 71.36 (15) "Declarant" means: 72.1 (i) if the common interest community has been created, (A) 72.2 any person who has executed a declaration, or an amendment to a 72.3 declaration to add additional real estate, except secured 72.4 parties, persons whose interests in the real estate will not be 72.5 transferred to unit owners, or, in the case of a leasehold 72.6 common interest community, a lessor who possesses no special 72.7 declarant rights and who is not an affiliate of a declarant who 72.8 possesses special declarant rights, or (B) any person who 72.9 reserves, or succeeds under section 515B.3-104 to any special 72.10 declarant rights; or 72.11 (ii) any person or persons acting in concert who have 72.12 offered prior to creation of the common interest community to 72.13 transfer their interest in a unit to be created and not 72.14 previously transferred. 72.15 (16) "Declaration" means any instrument, however 72.16 denominated, including any amendment to the instrument, that 72.17 creates a common interest community. 72.18 (17) "Dispose" or "disposition" means a voluntary transfer 72.19 to a purchaser of any legal or equitable interest in the common 72.20 interest community, but the term does not include the transfer 72.21 or release of a security interest. 72.22 (18) "Flexible common interest community" means a common 72.23 interest community to which additional real estate may be added. 72.24 (19) "Leasehold common interest community" means a common 72.25 interest community in which all or a portion of the real estate 72.26 is subject to a lease the expiration or termination of which 72.27 will terminate the common interest community or reduce its size. 72.28 (20) "Limited common element" means a portion of the common 72.29 elements allocated by the declaration or by operation of section 72.30 515B.2-102(d) or (f) for the exclusive use of one or more but 72.31 fewer than all of the units. 72.32 (21) "Master association" means an entity created on or 72.33 after June 1, 1994, that directly or indirectly exercises any of 72.34 the powers set forth in section 515B.3-102 on behalf of one or 72.35 more members described in section 515B.2-121(b), (i), (ii) or 72.36 (iii), whether or not it also exercises those powers on behalf 73.1 of one or more property owners associations described in section 73.2 515B.2-121(b)(iv). A person (i) hired by an association to 73.3 perform maintenance, repair, accounting, bookkeeping or 73.4 management services, or (ii) granted authority under an 73.5 instrument recorded primarily for the purpose of creating rights 73.6 or obligations with respect to utilities, access, drainage, or 73.7 recreational amenities, is not, solely by reason of that 73.8 relationship, a master association. 73.9 (22) "Master declaration" means a written instrument, 73.10 however named, (i) recorded on or after June 1, 1994, against 73.11 property subject to powers exercised by a master association and 73.12 (ii) satisfying the requirements of section 515B.2-121, 73.13 subsection (f)(1). 73.14 (23) "Period of declarant control" means the time period 73.15 provided for in section 515B.3-103(c) during which the declarant 73.16 may appoint and remove officers and directors of the association. 73.17 (24) "Person" means an individual, corporation, limited 73.18 liability company, partnership, trustee under a trust, personal 73.19 representative, guardian, conservator, government, governmental 73.20 subdivision or agency, or other legal or commercial entity 73.21 capable of holding title to real estate. 73.22 (25) "Planned community" means a common interest community 73.23 that is not a condominium or a cooperative. A condominium or 73.24 cooperative may be a part of a planned community. 73.25 (26) "Proprietary lease" means an agreement with a 73.26 cooperative association whereby a member of the association is 73.27 entitled to exclusive possession of a unit in the cooperative. 73.28 (27) "Purchaser" means a person, other than a declarant, 73.29 who by means of a voluntary transfer acquires a legal or 73.30 equitable interest in a unit other than (i) a leasehold interest 73.31 of less than 20 years, including renewal options, or (ii) a 73.32 security interest. 73.33 (28) "Real estate" means any fee simple, leasehold or other 73.34 estate or interest in, over, or under land, including 73.35 structures, fixtures, and other improvements and interests that 73.36 by custom, usage, or law pass with a conveyance of land though 74.1 not described in the contract of sale or instrument of 74.2 conveyance. "Real estate" may include spaces with or without 74.3 upper or lower boundaries, or spaces without physical boundaries. 74.4 (29) "Residential use" means use as a dwelling, whether 74.5 primary, secondary or seasonal, but not transient use such as 74.6 hotels or motels. 74.7 (30) "Secured party" means the person owning a security 74.8 interest as defined in paragraph (30)(31). 74.9 (31) "Security interest" means a perfected interest in real 74.10 estate or personal property, created by contract or conveyance, 74.11 which secures payment or performance of an obligation. The term 74.12 includes a mortgagee's interest in a mortgage, a vendor's 74.13 interest in a contract for deed, a lessor's interest in a lease 74.14 intended as security, a holder's interest in a sheriff's 74.15 certificate of sale during the period of redemption, an 74.16 assignee's interest in an assignment of leases or rents intended 74.17 as security, a lender's interest in a cooperative share loan, a 74.18 pledgee's interest in the pledge of an ownership interest, or 74.19 any other interest intended as security for an obligation under 74.20 a written agreement. 74.21 (32) "Special declarant rights" means rights reserved in 74.22 the declaration for the benefit of a declarant to: 74.23 (i) complete improvements indicated on the CIC plat; 74.24 (ii) add additional real estate to a common interest 74.25 community; 74.26 (iii) subdivide units or convert units into common 74.27 elements, limited common elements and/or units; 74.28 (iv) maintain sales offices, management offices, signs 74.29 advertising the common interest community, and models; 74.30 (v) use easements through the common elements for the 74.31 purpose of making improvements within the common interest 74.32 community or any additional real estate; 74.33 (vi) create a master association and provide for the 74.34 exercise of authority by the master association over the common 74.35 interest community or its unit owners; 74.36 (vii) merge or consolidate a common interest community with 75.1 another common interest community of the same form of ownership; 75.2 or 75.3 (viii) appoint or remove any officer or director of the 75.4 association, or the master association where applicable, during 75.5 any period of declarant control. 75.6 (33) "Time share" means a right to occupy a unit or any of 75.7 several units during three or more separate time periods over a 75.8 period of at least three years, including renewal options, 75.9 whether or not coupled with an estate or interest in a common 75.10 interest community or a specified portion thereof. 75.11 (34) "Unit" means a physical portion of a common interest 75.12 community the boundaries of which are described in the common 75.13 interest community's declaration and which is intended for 75.14 separate ownership or separate occupancy pursuant to a 75.15 proprietary lease. 75.16 (35) "Unit identifier" means English letters or Arabic 75.17 numerals, or a combination thereof, which identify only one unit 75.18 in a common interest community and which meet the requirements 75.19 of section 515B.2-104. 75.20 (36) "Unit owner" means a declarant or other person who 75.21 owns a unit, or a lessee of a unit in a leasehold common 75.22 interest community whose lease expires simultaneously with any 75.23 lease the expiration or termination of which will remove the 75.24 unit from the common interest community, but does not include a 75.25 secured party. In a common interest community, the declarant is 75.26 the unit owner of a unit until that unit has been conveyed to 75.27 another person. 75.28 Sec. 74. Minnesota Statutes 1999 Supplement, section 75.29 515B.2-105, is amended to read: 75.30 515B.2-105 [DECLARATION CONTENTS; ALL COMMON INTEREST 75.31 COMMUNITIES.] 75.32 (a) The declaration shall contain: 75.33 (1) the number of the common interest community, whether 75.34 the common interest community is a condominium, planned 75.35 community or cooperative, and the name of the common interest 75.36 community, which shall appear at the top of the first page of 76.1 the declaration in the following format: 76.2 Common Interest Community No. .... 76.3 (Type of Common Interest Community) 76.4 76.5 (Name of Common Interest Community) 76.7 (DECLARATION )76.8 (2) a statement as to whether the common interest community 76.9 is or is not subject to a master association; 76.10 (3) the name of the association, a statement that the 76.11 association has been incorporated and a reference to the statute 76.12 under which it was incorporated; 76.13 (4) a legally sufficient description of the real estate 76.14 included in the common interest community, a statement 76.15 identifying any appurtenant easement necessary for access to a 76.16 public street or highway, and a general reference to any other 76.17 appurtenant easements; 76.18 (5) a description of the boundaries of each unit created by 76.19 the declaration and the unit's unit identifier; 76.20 (6) in a planned community containing common elements, a 76.21 legally sufficient description of the common elements; 76.22 (7) in a cooperative, a statement as to whether the unit 76.23 owners' interests in all units and their allocated interests are 76.24 real estate or personal property; 76.25 (8) an allocation to each unit of the allocated interests 76.26 in the manner described in section 515B.2-108; 76.27 (9) a statement of (i) the total number of units and (ii) 76.28 which units will be restricted to residential use and which 76.29 units will be restricted to nonresidential use; 76.30 (10) a statement of the maximum number of units which may 76.31 be created by the subdivision or conversion of units owned by 76.32 the declarant pursuant to section 515B.2-112; 76.33 (11) any material restrictions on use, occupancy, or 76.34 alienation of the units, or on the sale price of a unit or on 76.35 the amount that may be received by an owner on sale, 76.36 condemnation or casualty loss to the unit or to the common 77.1 interest community, or on termination of the common interest 77.2 community; provided, that these requirements shall not affect 77.3 the power of the association to adopt, amend or revoke rules and 77.4 regulations pursuant to section 515B.3-102; 77.5 (12) a statement as to whether time shares are permitted; 77.6 and 77.7 (13) all matters required by sections 515B.1-103(31), 77.8 Special Declarant Rights; 515B.2-107, Leaseholds; 515B.2-109, 77.9 Common Elements and Limited Common Elements; 515B.2-110, Common 77.10 Interest Community Plat; 515B.3-115, Assessments for Common 77.11 Expenses; and 515B.2-121, Master Associations. 77.12 (b) The declaration may contain any other matters the 77.13 declarant considers appropriate. 77.14 Sec. 75. Minnesota Statutes 1999 Supplement, section 77.15 515B.3-105, is amended to read: 77.16 515B.3-105 [TERMINATION OF DECLARANT'S CONTRACTS, LEASES.] 77.17 If entered into prior to expiration of the period of 77.18 declarant control pursuant to section 515B.3-103, (i) any 77.19 management contract, employment contract, or lease of 77.20 recreational facilities, units, garages or other parking 77.21 facilities, (ii) any contract, lease or license binding the 77.22 association to which a declarant or an affiliate of a declarant 77.23 is a party, or (iii) any contract, lease or license binding the 77.24 association or any unit owner other than the declarant or an 77.25 affiliate of the declarant which is not bona fide or which was 77.26 unconscionable to the unit owners at the time entered into under 77.27 the circumstances then prevailing, may be terminated without 77.28 penalty by the association at any time after the expiration of 77.29 declarant control upon not less than 90 days' notice to the 77.30 other party. If, during the suspension period described in 77.31 subsection 2-121(c)(3)section 515B.2-121, subsection (c), 77.32 paragraph (3), a contract, lease, or license of a type described 77.33 in this section is entered into and is binding upon a master 77.34 association, then the master association, and not any 77.35 association, may terminate the contract, lease, or license under 77.36 the procedures in this section. This section does not apply to 78.1 (i) any lease the termination of which would terminate the 78.2 common interest community, (ii) a proprietary lease, or (iii) in 78.3 the case of a cooperative, a mortgage ,or contract for deed 78.4 encumbering all real estate constituting the common interest 78.5 community. 78.6 Sec. 76. Minnesota Statutes 1999 Supplement, section 78.7 515B.3-115, is amended to read: 78.8 515B.3-115 [ASSESSMENTS FOR COMMON EXPENSES.] 78.9 (a) The obligation of a unit owner to pay common expense 78.10 assessments shall be as follows: 78.11 (1) If a common expense assessment has not been levied, the 78.12 declarant shall pay all accrued expenses of the common interest 78.13 community. 78.14 (2) If a common expense assessment has been levied, all 78.15 unit owners including the declarant shall pay the assessments 78.16 allocated to their units, subject to subsection (b). 78.17 (3) Notwithstanding subsections (a)(1), (a)(2), and (b), if 78.18 the association maintains the exteriors of the buildings 78.19 constituting or contained within the units, that part of any 78.20 assessment that is allocated to replacement reserves referred to 78.21 in section 515B.3-114 shall be fully levied against a unit, 78.22 including any unit owned by a declarant, on the earlier of 78.23 substantial completion of the exterior of (i) the building 78.24 containing the unit or (ii) any building located within the unit. 78.25 (b) Subject to subsection (a)(3), if the declaration so 78.26 provides, a declarant's liability, and the assessment lien, for 78.27 assessments, other than replacement reserves, on any unit owned 78.28 by the declarant may be limited to 25 percent or any greater 78.29 percentage of any assessment levied, until the unit or any 78.30 building located in it is substantially completed. Substantial 78.31 completion shall be evidenced by a certificate of occupancy in 78.32 any jurisdiction that issues the certificate. 78.33 (c) After an assessment has been levied by the association, 78.34 assessments shall be levied at least annually, based upon a 78.35 budget approved at least annually by the association. 78.36 (d) Except as modified by subsections (a)(1) and (2), (h),79.1 (i) and (j)(e), (f), and (g), all common expenses shall be 79.2 assessed against all the units in accordance with the 79.3 allocations established by the declaration pursuant to section 79.4 515B.2-108. 79.5 (e) Unless otherwise required by the declaration: 79.6 (1) any common expense associated with the maintenance, 79.7 repair, or replacement of a limited common element shall be 79.8 assessed against the units to which that limited common element 79.9 is assigned, equally, or in any other proportion the declaration 79.10 provides; 79.11 (2) any common expense or portion thereof benefiting fewer 79.12 than all of the units may be assessed exclusively against the 79.13 units benefited, equally, or in any other proportion the 79.14 declaration provides; 79.15 (3) the costs of insurance may be assessed in proportion to 79.16 risk or coverage, and the costs of utilities may be assessed in 79.17 proportion to usage; 79.18 (4) reasonable attorneys fees and costs incurred by the 79.19 association in connection with (i) the collection of assessments 79.20 and, (ii) the enforcement of this chapter, the articles, bylaws, 79.21 declaration, or rules and regulations, against a unit owner, may 79.22 be assessed against the unit owner's unit; and 79.23 (5) fees, charges, late charges, fines and interest may be 79.24 assessed as provided in section 515B.3-116(a). 79.25 (f) Assessments levied under section 515B.3-116 to pay a 79.26 judgment against the association may be levied only against the 79.27 units in the common interest community at the time the judgment 79.28 was entered, in proportion to their common expense liabilities. 79.29 (g) If any damage to the common elements or another unit is 79.30 caused by the act or omission of any unit owner, or occupant of 79.31 a unit, or their invitees, the association may assess the costs 79.32 of repairing the damage exclusively against the unit owner's 79.33 unit to the extent not covered by insurance. 79.34 (h) Subject to any shorter period specified by the 79.35 declaration or bylaws, if any installment of an assessment 79.36 becomes more than 60 days past due, then the association may, 80.1 upon ten days' written notice to the unit owner, declare the 80.2 entire amount of the assessment immediately due and payable in 80.3 full. 80.4 (i) If common expense liabilities are reallocated for any 80.5 purpose authorized by this chapter, common expense assessments 80.6 and any installment thereof not yet due shall be recalculated in 80.7 accordance with the reallocated common expense liabilities. 80.8 Sec. 77. Minnesota Statutes 1999 Supplement, section 80.9 515B.3-116, is amended to read: 80.10 515B.3-116 [LIEN FOR ASSESSMENTS.] 80.11 (a) The association has a lien on a unit for any assessment 80.12 levied against that unit from the time the assessment becomes 80.13 due. If an assessment is payable in installments, the full 80.14 amount of the assessment is a lien from the time the first 80.15 installment thereof becomes due. Unless the declaration 80.16 otherwise provides, fees, charges, late charges, fines and 80.17 interest charges pursuant to section 515B.3-102(a)(10), (11) and 80.18 (12) are liens, and are enforceable as assessments, under this 80.19 section. 80.20 (b) A lien under this section is prior to all other liens 80.21 and encumbrances on a unit except (i) liens and encumbrances 80.22 recorded before the declaration and, in a cooperative, liens and 80.23 encumbrances which the association creates, assumes, or takes 80.24 subject to, (ii) any first mortgage encumbering the fee simple 80.25 interest in the unit, or, in a cooperative, any first security 80.26 interest encumbering only the unit owner's interest in the unit, 80.27 and (iii) liens for real estate taxes and other governmental 80.28 assessments or charges against the unit. If a first mortgage on 80.29 a unit is foreclosed, the first mortgage was recorded after June 80.30 1, 1994, and no owner redeems during the owner's period of 80.31 redemption provided by chapter 580, 581, or 582, the holder of 80.32 the sheriff's certificate of sale from the foreclosure of the 80.33 first mortgage shall take title to the unit subject to a lien in 80.34 favor of the association for unpaid assessments for common 80.35 expenses levied pursuant to section 515B.3-115(a), (h)(1)(e)(1) 80.36 to (3), (i)(f), and (l)(i) which became due, without 81.1 acceleration, during the six months immediately preceding the 81.2 first day following the end of the owner's period of 81.3 redemption. If a first security interest encumbering a unit 81.4 owner's interest in a cooperative unit which is personal 81.5 property is foreclosed, the secured party or the purchaser at 81.6 the sale shall take title to the unit subject to unpaid 81.7 assessments for common expenses levied pursuant to section 81.8 515B.3-115(a), (h)(1)(e)(1) to (3), (i)(f), and (l)(i) 81.9 which became due, without acceleration, during the six months 81.10 immediately preceding the first day following either the date of 81.11 sale pursuant to section 336.9-504 or the date on which the 81.12 obligation of the unit owner is discharged pursuant to section 81.13 336.9-505. This subsection shall not affect the priority of 81.14 mechanics' liens. 81.15 (c) Recording of the declaration constitutes record notice 81.16 and perfection of any lien under this section, and no further 81.17 recordation of any notice of or claim for the lien is required. 81.18 (d) Proceedings to enforce an assessment lien shall be 81.19 instituted within three years after the last installment of the 81.20 assessment becomes payable, or shall be barred. 81.21 (e) The unit owner of a unit at the time an assessment is 81.22 due shall be personally liable to the association for payment of 81.23 the assessment levied against the unit. If there are multiple 81.24 owners of the unit, they shall be jointly and severally liable. 81.25 (f) This section does not prohibit actions to recover sums 81.26 for which subsection (a) creates a lien nor prohibit an 81.27 association from taking a deed in lieu of foreclosure. The 81.28 commencement of an action to recover the sums is not an election 81.29 of remedies if it is dismissed before commencement of 81.30 foreclosure of the lien provided for by this section. 81.31 (g) The association shall furnish to a unit owner or the 81.32 owner's authorized agent upon written request of the unit owner 81.33 or the authorized agent a statement setting forth the amount of 81.34 unpaid assessments currently levied against the owner's unit. 81.35 If the unit owner's interest is real estate, the statement shall 81.36 be in recordable form. The statement shall be furnished within 82.1 ten business days after receipt of the request and is binding on 82.2 the association and every unit owner. 82.3 (h) The association's lien may be foreclosed as provided in 82.4 this subsection. 82.5 (1) In a condominium or planned community, the 82.6 association's lien may be foreclosed in a like manner as a 82.7 mortgage containing a power of sale pursuant to chapter 580, or 82.8 by action pursuant to chapter 581. The association shall have a 82.9 power of sale to foreclose the lien pursuant to chapter 580. 82.10 (2) In a cooperative whose unit owners' interests are real 82.11 estate, the association's lien shall be foreclosed in a like 82.12 manner as a mortgage on real estate as provided in paragraph (1). 82.13 (3) In a cooperative whose unit owners' interests in the 82.14 units are personal property, the association's lien shall be 82.15 foreclosed in a like manner as a security interest under article 82.16 9 of chapter 336. In any disposition pursuant to section 82.17 336.9-504 or retention pursuant to section 336.9-505, the rights 82.18 of the parties shall be the same as those provided by law, 82.19 except (i) notice of sale, disposition, or retention shall be 82.20 served on the unit owner 90 days prior to sale, disposition, or 82.21 retention, (ii) the association shall be entitled to its 82.22 reasonable costs and attorney fees not exceeding the amount 82.23 provided by section 582.01, subdivision 1a, (iii) the amount of 82.24 the association's lien shall be deemed to be adequate 82.25 consideration for the unit subject to disposition or retention, 82.26 notwithstanding the value of the unit, and (iv) the notice of 82.27 sale, disposition, or retention shall contain the following 82.28 statement in capital letters with the name of the association or 82.29 secured party filled in: 82.30 "THIS IS TO INFORM YOU THAT BY THIS NOTICE (fill in name of 82.31 association or secured party) HAS BEGUN PROCEEDINGS UNDER 82.32 MINNESOTA STATUTES, CHAPTER 515B, TO FORECLOSE ON YOUR INTEREST 82.33 IN YOUR UNIT FOR THE REASON SPECIFIED IN THIS NOTICE. YOUR 82.34 INTEREST IN YOUR UNIT WILL TERMINATE 90 DAYS AFTER SERVICE OF 82.35 THIS NOTICE ON YOU UNLESS BEFORE THEN: 82.36 (a) THE PERSON AUTHORIZED BY (fill in the name of 83.1 association or secured party) AND DESCRIBED IN THIS NOTICE TO 83.2 RECEIVE PAYMENTS RECEIVES FROM YOU: 83.3 (1) THE AMOUNT THIS NOTICE SAYS YOU OWE; PLUS 83.4 (2) THE COSTS INCURRED TO SERVE THIS NOTICE ON YOU; PLUS 83.5 (3) $500 TO APPLY TO ATTORNEYS FEES ACTUALLY EXPENDED OR 83.6 INCURRED; PLUS 83.7 (4) ANY ADDITIONAL AMOUNTS FOR YOUR UNIT BECOMING DUE TO 83.8 (fill in name of association or secured party) AFTER THE DATE OF 83.9 THIS NOTICE; OR 83.10 (b) YOU SECURE FROM A DISTRICT COURT AN ORDER THAT THE 83.11 FORECLOSURE OF YOUR RIGHTS TO YOUR UNIT BE SUSPENDED UNTIL YOUR 83.12 CLAIMS OR DEFENSES ARE FINALLY DISPOSED OF BY TRIAL, HEARING, OR 83.13 SETTLEMENT. YOUR ACTION MUST SPECIFICALLY STATE THOSE FACTS AND 83.14 GROUNDS THAT DEMONSTRATE YOUR CLAIMS OR DEFENSES. 83.15 IF YOU DO NOT DO ONE OR THE OTHER OF THE ABOVE THINGS 83.16 WITHIN THE TIME PERIOD SPECIFIED IN THIS NOTICE, YOUR OWNERSHIP 83.17 RIGHTS IN YOUR UNIT WILL TERMINATE AT THE END OF THE PERIOD, YOU 83.18 WILL LOSE ALL THE MONEY YOU HAVE PAID FOR YOUR UNIT, YOU WILL 83.19 LOSE YOUR RIGHT TO POSSESSION OF YOUR UNIT, YOU MAY LOSE YOUR 83.20 RIGHT TO ASSERT ANY CLAIMS OR DEFENSES THAT YOU MIGHT HAVE, AND 83.21 YOU WILL BE EVICTED. IF YOU HAVE ANY QUESTIONS ABOUT THIS 83.22 NOTICE, CONTACT AN ATTORNEY IMMEDIATELY." 83.23 (4) In any foreclosure pursuant to chapter 580, 581, or 83.24 582, the rights of the parties shall be the same as those 83.25 provided by law, except (i) the period of redemption for unit 83.26 owners shall be six months from the date of sale or a lesser 83.27 period authorized by law, (ii) in a foreclosure by advertisement 83.28 under chapter 580, the foreclosing party shall be entitled to 83.29 costs and disbursements of foreclosure and attorneys fees 83.30 authorized by the declaration or bylaws, notwithstanding the 83.31 provisions of section 582.01, subdivisions 1 and 1a, (iii) in a 83.32 foreclosure by action under chapter 581, the foreclosing party 83.33 shall be entitled to costs and disbursements of foreclosure and 83.34 attorneys fees as the court shall determine, and (iv) the amount 83.35 of the association's lien shall be deemed to be adequate 83.36 consideration for the unit subject to foreclosure, 84.1 notwithstanding the value of the unit. 84.2 (i) If a holder of a sheriff's certificate of sale, prior 84.3 to the expiration of the period of redemption, pays any past due 84.4 or current assessments, or any other charges lienable as 84.5 assessments, with respect to the unit described in the sheriff's 84.6 certificate, then the amount paid shall be a part of the sum 84.7 required to be paid to redeem under section 582.03. 84.8 (j) In a cooperative, following foreclosure, the 84.9 association may bring an action for unlawful detainer against 84.10 the unit owner and any persons in possession of the unit, and in 84.11 that case section 504B.291 shall not apply. 84.12 (k) An association may assign its lien rights in the same 84.13 manner as any other secured party. 84.14 Sec. 78. Minnesota Statutes 1999 Supplement, section 84.15 515B.4-106, is amended to read: 84.16 515B.4-106 [PURCHASER'S RIGHT TO CANCEL.] 84.17 (a) A person required to deliver a disclosure statement 84.18 pursuant to section 515B.4-101(b) shall provide at least one of 84.19 the purchasers of the unit with a copy of the disclosure 84.20 statement and all amendments thereto before conveyance of the 84.21 unit. If a purchaser is not given a disclosure statement more 84.22 than ten days before execution of the purchase agreement, the 84.23 purchaser may, before conveyance, cancel the purchase agreement 84.24 within ten days after first receiving the disclosure statement. 84.25 If a purchaser is given the disclosure statement more than ten 84.26 days before execution of the purchase agreement, the purchaser 84.27 may not cancel the purchase agreement pursuant to this section. 84.28 Except as expressly provided in this chapter, the ten-day 84.29 rescission period cannot be waived. 84.30 (b) If an amendment to the disclosure statement materially 84.31 and adversely affects a purchaser, then the purchaser shall have 84.32 15ten days after delivery of the amendment to cancel the 84.33 purchase agreement in accordance with this section. 84.34 (c) If a purchaser elects to cancel a purchase agreement 84.35 pursuant to this section, the purchaser may do so by giving 84.36 notice thereof pursuant to section 515B.1-115. Cancellation is 85.1 without penalty, and all payments made by the purchaser before 85.2 cancellation shall be refunded promptly. Notwithstanding 85.3 anything in this section to the contrary, the purchaser's 85.4 cancellation rights under this section terminate upon the 85.5 purchaser's acceptance of a conveyance of the unit. 85.6 (d) If a declarant obligated to deliver a disclosure 85.7 statement fails to deliver to the purchaser a disclosure 85.8 statement which substantially complies with this chapter, the 85.9 declarant shall be liable to the purchaser in the amount of 85.10 $1,000, in addition to any damages or other amounts recoverable 85.11 under this chapter or otherwise. Any action brought under this 85.12 subsection shall be commenced within the time period specified 85.13 in section 515B.4-115, subsection (a). 85.14 Sec. 79. Minnesota Statutes 1999 Supplement, section 85.15 515B.4-107, is amended to read: 85.16 515B.4-107 [RESALE OF UNITS.] 85.17 (a) In the event of a resale of a unit by a unit owner 85.18 other than a declarant, unless exempt under section 85.19 515B.4-101(c), the unit owner shall furnish to a purchaser, 85.20 before execution of any purchase agreement for a unit or 85.21 otherwise before conveyance, the following documents relating to 85.22 the association or to the master association, if applicable: 85.23 (1) copies of the declaration (other than any CIC plat), 85.24 the articles of incorporation and bylaws, any rules and 85.25 regulations, and any amendments thereto; 85.26 (2) the organizational and operating documents relating to 85.27 the master association, if any; and 85.28 (3) a resale disclosure certificate from the association 85.29 dated not more than 90 days prior to the date of the purchase 85.30 agreement or the date of conveyance, whichever is earlier, 85.31 containing the information set forth in subsection (b). 85.32 (b) The resale disclosure certificate shall contain the 85.33 following information: 85.34 (1) a statement disclosing any right of first refusal or 85.35 other restraint on the free alienability of the unit contained 85.36 in the declaration, articles of incorporation, bylaws, rules and 86.1 regulations, or any amendment thereof; 86.2 (2) a statement setting forth: 86.3 (i) the installments of annual common expense assessments 86.4 payable with respect to the unit, and the payment schedule; 86.5 (ii) the installments of special common expense 86.6 assessments, if any, payable with respect to the unit, and the 86.7 payment schedule; and 86.8 (iii) any plan approved by the association for levying 86.9 certain common expense assessments against fewer than all the 86.10 units pursuant to section 515B.3-115, subsection (h)(e), and 86.11 the amount and payment schedule for any such common expenses 86.12 payable with respect to the unit; 86.13 (3) a statement of any fees or charges other than 86.14 assessments payable by unit owners; 86.15 (4) a statement of any extraordinary expenditures approved 86.16 by the association, and not yet assessed, for the current and 86.17 two succeeding fiscal years; 86.18 (5) a statement of the amount of any reserves for 86.19 maintenance, repair or replacement and of any portions of those 86.20 reserves designated by the association for any specified 86.21 projects or uses; 86.22 (6) the most recent regularly prepared balance sheet and 86.23 income and expense statement of the association; 86.24 (7) the current budget of the association; 86.25 (8) a statement of any unsatisfied judgments against the 86.26 association and the status of any pending suits in which the 86.27 association is party; 86.28 (9) a detailed description of the insurance coverage 86.29 provided for the benefit of unit owners, including a statement 86.30 as to which, if any, of the items referred to in section 86.31 515B.3-113, subsection (b), are insured by the association; 86.32 (10) a statement as to whether the board has notified the 86.33 unit owner (i) that any alterations or improvements to the unit 86.34 or to the limited common elements assigned thereto violate any 86.35 provision of the declaration or (ii) that the unit is in 86.36 violation of any governmental statute, ordinance, code or 87.1 regulation; 87.2 (11) a statement of the remaining term of any leasehold 87.3 estate affecting the common interest community and the 87.4 provisions governing any extension or renewal thereof; and 87.5 (12) any other matters affecting the unit or the unit 87.6 owner's obligations with respect to the unit which the 87.7 association deems material. 87.8 (c) If the association is subject to a master association 87.9 to which has been delegated the association's powers under 87.10 section 515B.3-102(a)(2), then the financial information 87.11 required to be disclosed under subsection (b) may be disclosed 87.12 on a consolidated basis. 87.13 (d) The association, within ten days after a request by a 87.14 unit owner, or the unit owner's authorized representative, shall 87.15 furnish the certificate required in subsection (a). The 87.16 association may charge a reasonable fee for furnishing the 87.17 certificate and any association documents related thereto. A 87.18 unit owner providing a certificate pursuant to subsection (a) is 87.19 not liable to the purchaser for any erroneous information 87.20 provided by the association and included in the certificate. 87.21 (e) A purchaser is not liable for any unpaid common expense 87.22 assessments, including special assessments, if any, not set 87.23 forth in the certificate required in subsection (a). A 87.24 purchaser is not liable for the amount by which the annual or 87.25 special assessments exceed the amount of annual or special 87.26 assessments stated in the certificate for assessments payable in 87.27 the year in which the certificate was given, except to the 87.28 extent of any increases subsequently approved in accordance with 87.29 the declaration or bylaws. A unit owner is not liable to a 87.30 purchaser for the failure of the association to provide the 87.31 certificate, or a delay by the association in providing the 87.32 certificate in a timely manner. 87.33 Sec. 80. Minnesota Statutes 1999 Supplement, section 87.34 518.57, subdivision 3, is amended to read: 87.35 Subd. 3. [SATISFACTION OF CHILD SUPPORT OBLIGATION.] The 87.36 court may conclude that an obligor has satisfied a child support 88.1 obligation by providing a home, care, and support for the child 88.2 while the child is living with the obligor, if the court finds 88.3 that the child was integrated into the family of the obligor 88.4 with the consent of the obligee and child support payments were 88.5 not assigned to the public agency under section 256.74 or88.6 256.741. 88.7 Sec. 81. Minnesota Statutes 1998, section 574.03, is 88.8 amended to read: 88.9 574.03 [PAYMENT OF PREMIUM.] 88.10 The premiums upon the bonds of all state officers and the 88.11 premiums on all fidelity insurance placed under the provisions 88.12 of this section and section 574.02shall be paid out of the 88.13 appropriation for the maintenance of the department for which 88.14 such bond or insurance is required and such fidelity insurance, 88.15 when placed in lieu of individual bond, shall be deemed full 88.16 compliance with any provision of law requiring any such official 88.17 or employee to give bond to the state for the faithful discharge 88.18 of duty. If schedule or position insurance is provided covering 88.19 the personnel of any department or agency all individual 88.20 fidelity bonds covering such officers or employees theretofore 88.21 bonded shall be canceled and a proportionate part of the 88.22 premiums paid therefor refunded. 88.23 Sec. 82. Minnesota Statutes 1998, section 611A.43, is 88.24 amended to read: 88.25 611A.43 [FUNCTIONS.] 88.26 The centers shall: 88.27 (a) provide direct crisis intervention to crime victims; 88.28 (b) provide transportation for crime victims to assist them 88.29 in obtaining necessary emergency services; 88.30 (c) investigate the availability of insurance or other 88.31 financial resources available to the crime victims; 88.32 (d) refer crime victims to public or private agencies 88.33 providing existing needed services; 88.34 (e) encourage the development of services which are not 88.35 already being provided by existing agencies; 88.36 (f) coordinate the services which are already being 89.1 provided by various agencies; 89.2 (g) facilitate the general education of crime victims about 89.3 the criminal justice process; 89.4 (h) educate the public as to program availability; 89.5 (i) encourage educational programs which will serve to 89.6 reduce victimization and which will diminish the extent of 89.7 trauma where victimization occurs; and 89.8 (j) provide other appropriate services. 89.9 Sec. 83. Laws 1997, chapter 150, section 1, is amended to 89.10 read: 89.11 Section 1. Minnesota Statutes 1996, section 62J.04, 89.12 subdivision 1, is amended to read: 89.13 Subdivision 1. [COST CONTAINMENT GOALS.] (a) The 89.14 commissioner of health shall set annual cost containment goals 89.15 for public and private spending on health care services for 89.16 Minnesota residents, as provided in paragraph (b). The cost 89.17 containment goals must be set at levels the commissioner 89.18 determines to be realistic and achievable but that will reduce 89.19 the rate of growth in health care spending by at least ten 89.20 percent per year for the next five years. The commissioner 89.21 shall set cost containment goals based on available data on 89.22 spending and growth trends, including data from group 89.23 purchasers, national data on public and private sector health 89.24 care spending and cost trends, and trend information from other 89.25 states. 89.26 (b) The commissioner shall set the following annual cost 89.27 containment goals for public and private spending on health care 89.28 services for Minnesota residents: 89.29 (1) for calendar year 1994, the cost containment goal must 89.30 not exceed the change in the regional consumer price index for 89.31 urban consumers for calendar year 1993 plus 6.5 percentage 89.32 points; 89.33 (2) for calendar year 1995, the cost containment goal must 89.34 not exceed the change in the regional consumer price index for 89.35 urban consumers for calendar year 1994 plus 5.3 percentage 89.36 points; 90.1 (3) for calendar year 1996, the cost containment goal must 90.2 not exceed the change in the regional consumer price index for 90.3 urban consumers for calendar year 1995 plus 4.3 percentage 90.4 points; 90.5 (4) for calendar year 1997, the cost containment goal must 90.6 not exceed the change in the regional consumer price index for 90.7 urban consumers for calendar year 1996 plus 3.4 percentage 90.8 points; and 90.9 (5) for calendar year 1998, the cost containment goal must 90.10 not exceed the change in the regional consumer price index for 90.11 urban consumers for calendar year 1997 plus 2.6 percentage 90.12 points. 90.13 The commissioner shall adjust the cost containment goal set 90.14 for calendar year 1995 to recover savings in health care 90.15 spending required for the period July 1, 1993, to December 31, 90.16 1993. 90.17 (c) The commissioner shall publish: 90.18 (1) the projected cost containment goal in the State 90.19 Register by April 15 of the year immediately preceding the year 90.20 in which the cost containment goal will be effective except for 90.21 the year 1993, in which the cost containment goal shall be 90.22 published by July 1, 1993; 90.23 (2) the quarterly change in the regional consumer price 90.24 index for urban consumers; and 90.25 (3) the health care financing administration forecast for 90.26 total growth in the national health care expenditures. In90.27 setting the cost containment goals, the commissioner is exempt90.28 from the rulemaking requirements of chapter 14. The90.29 commissioner's decision on the cost containment goals is not90.30 appealable.90.31 Sec. 84. Laws 1999, chapter 110, section 22, is amended to 90.32 read: 90.33 Sec. 22. [REPEALER.] 90.34 Minnesota Statutes 1998, sections 231.02; 231.03; 231.05; 90.35 231.06; 231.07; 231.10; 231.15;and 231.35, are repealed. 90.36 Sec. 85. [NO EXPIRATION; SECTION 231.15.] 91.1 Notwithstanding Minnesota Statutes, section 645.36, 91.2 Minnesota Statutes, section 231.15, is revived retroactively to 91.3 August 1, 1999. 91.4 Sec. 86. Laws 1999, chapter 139, article 4, section 3, is 91.5 amended to read: 91.6 Sec. 3. [REPEALER.] 91.7 Minnesota Statutes 1998, sections 257.069; 257.071; 91.8 257.0711; 257.072; 257.35; 257.351; 257.352; 257.353; 257.354; 91.9 257.355; 257.356; 257.3571; 257.3572; 257.3573; 257.3574; 91.10 257.3575; 257.3576; 257.3577; 257.3578; 257.3579; 257.40; 91.11 257.41; 257.42; 257.43; 257.44; 257.45; 257.46; 257.47; 257.48; 91.12 260.011, subdivision 2; 260.013; 260.015; 260.092; 260.094; 91.13 260.096; 260.101; 260.111; 260.115; 260.121; 260.125; 260.126; 91.14 260.131; 260.132; 260.133; 260.135; 260.141; 260.145; 260.151; 91.15 260.155; 260.156; 260.157; 260.161; 260.162; 260.165; 260.171; 91.16 260.172; 260.173; 260.1735; 260.174; 260.181; 260.185; 260.191; 91.17 260.192; 260.193; 260.195; 260.211; 260.215; 260.221; 260.225; 91.18 260.231; 260.235; 260.241; 260.242; 260.245; 260.251; 260.255; 91.19 260.261; 260.271; 260.281; 260.291; 260.301; 260.315; 260.35; 91.20 260.36; 260.38; 260.39; and 260.40, are repealed. 91.21 Sec. 87. Laws 1999, chapter 159, section 2, is amended to 91.22 read: 91.23 Sec. 2. Minnesota Statutes 1998, section 13.46, 91.24 subdivision 2, is amended to read: 91.25 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 91.26 a statute specifically provides a different classification, data 91.27 on individuals collected, maintained, used, or disseminated by 91.28 the welfare system is private data on individuals, and shall not 91.29 be disclosed except: 91.30 (1) according to section 13.05; 91.31 (2) according to court order; 91.32 (3) according to a statute specifically authorizing access 91.33 to the private data; 91.34 (4) to an agent of the welfare system, including a law 91.35 enforcement person, attorney, or investigator acting for it in 91.36 the investigation or prosecution of a criminal or civil 92.1 proceeding relating to the administration of a program; 92.2 (5) to personnel of the welfare system who require the data 92.3 to determine eligibility, amount of assistance, and the need to 92.4 provide services of additional programs to the individual; 92.5 (6) to administer federal funds or programs; 92.6 (7) between personnel of the welfare system working in the 92.7 same program; 92.8 (8) the amounts of cash public assistance and relief paid 92.9 to welfare recipients in this state, including their names, 92.10 social security numbers, income, addresses, and other data as 92.11 required, upon request by the department of revenue to 92.12 administer the property tax refund law, supplemental housing 92.13 allowance, early refund of refundable tax credits, and the 92.14 income tax. "Refundable tax credits" means the dependent care 92.15 credit under section 290.067, the Minnesota working family 92.16 credit under section 290.0671, the property tax refund under 92.17 section 290A.04, and, if the required federal waiver or waivers 92.18 are granted, the federal earned income tax credit under section 92.19 32 of the Internal Revenue Code; 92.20 (9) between the department of human services and the 92.21 Minnesota department of economic security for the purpose of 92.22 monitoring the eligibility of the data subject for reemployment 92.23 insurance, for any employment or training program administered, 92.24 supervised, or certified by that agency, for the purpose of 92.25 administering any rehabilitation program, whether alone or in 92.26 conjunction with the welfare system, or to monitor and evaluate 92.27 the statewide Minnesota family investment program by exchanging 92.28 data on recipients and former recipients of food stamps, cash 92.29 assistance under chapter 256, 256D, 256J, or 256K, child care 92.30 assistance under chapter 119B, or medical programs under chapter 92.31 256B, 256D, or 256L; 92.32 (10) to appropriate parties in connection with an emergency 92.33 if knowledge of the information is necessary to protect the 92.34 health or safety of the individual or other individuals or 92.35 persons; 92.36 (11) data maintained by residential programs as defined in 93.1 section 245A.02 may be disclosed to the protection and advocacy 93.2 system established in this state according to Part C of Public 93.3 Law Number 98-527 to protect the legal and human rights of 93.4 persons with mental retardation or other related conditions who 93.5 live in residential facilities for these persons if the 93.6 protection and advocacy system receives a complaint by or on 93.7 behalf of that person and the person does not have a legal 93.8 guardian or the state or a designee of the state is the legal 93.9 guardian of the person; 93.10 (12) to the county medical examiner or the county coroner 93.11 for identifying or locating relatives or friends of a deceased 93.12 person; 93.13 (13) data on a child support obligor who makes payments to 93.14 the public agency may be disclosed to the higher education 93.15 services office to the extent necessary to determine eligibility 93.16 under section 136A.121, subdivision 2, clause (5); 93.17 (14) participant social security numbers and names 93.18 collected by the telephone assistance program may be disclosed 93.19 to the department of revenue to conduct an electronic data match 93.20 with the property tax refund database to determine eligibility 93.21 under section 237.70, subdivision 4a; 93.22 (15) the current address of a recipient of aid to families 93.23 with dependent children or Minnesota family investment 93.24 program-statewide may be disclosed to law enforcement officers 93.25 who provide the name of the recipient and notify the agency that: 93.26 (i) the recipient: 93.27 (A) is a fugitive felon fleeing to avoid prosecution, or 93.28 custody or confinement after conviction, for a crime or attempt 93.29 to commit a crime that is a felony under the laws of the 93.30 jurisdiction from which the individual is fleeing; or 93.31 (B) is violating a condition of probation or parole imposed 93.32 under state or federal law; 93.33 (ii) the location or apprehension of the felon is within 93.34 the law enforcement officer's official duties; and 93.35 (iii) the request is made in writing and in the proper 93.36 exercise of those duties; 94.1 (16) the current address of a recipient of general 94.2 assistance or general assistance medical care may be disclosed 94.3 to probation officers and corrections agents who are supervising 94.4 the recipient and to law enforcement officers who are 94.5 investigating the recipient in connection with a felony level 94.6 offense; 94.7 (17) information obtained from food stamp applicant or 94.8 recipient households may be disclosed to local, state, or 94.9 federal law enforcement officials, upon their written request, 94.10 for the purpose of investigating an alleged violation of the 94.11 Food Stamp Act, according to Code of Federal Regulations, title 94.12 7, section 272.1(c); 94.13 (18) the address, social security number, and, if 94.14 available, photograph of any member of a household receiving 94.15 food stamps shall be made available, on request, to a local, 94.16 state, or federal law enforcement officer if the officer 94.17 furnishes the agency with the name of the member and notifies 94.18 the agency that: 94.19 (i) the member: 94.20 (A) is fleeing to avoid prosecution, or custody or 94.21 confinement after conviction, for a crime or attempt to commit a 94.22 crime that is a felony in the jurisdiction the member is 94.23 fleeing; 94.24 (B) is violating a condition of probation or parole imposed 94.25 under state or federal law; or 94.26 (C) has information that is necessary for the officer to 94.27 conduct an official duty related to conduct described in subitem 94.28 (A) or (B); 94.29 (ii) locating or apprehending the member is within the 94.30 officer's official duties; and 94.31 (iii) the request is made in writing and in the proper 94.32 exercise of the officer's official duty; 94.33 (19) certain information regarding child support obligors 94.34 who are in arrears may be made public according to section 94.35 518.575; 94.36 (20) data on child support payments made by a child support 95.1 obligor and data on the distribution of those payments excluding 95.2 identifying information on obligees may be disclosed to all 95.3 obligees to whom the obligor owes support, and data on the 95.4 enforcement actions undertaken by the public authority, the 95.5 status of those actions, and data on the income of the obligor 95.6 or obligee may be disclosed to the other party; 95.7 (21) data in the work reporting system may be disclosed 95.8 under section 256.998, subdivision 7; 95.9 (22) to the department of children, families, and learning 95.10 for the purpose of matching department of children, families, 95.11 and learning student data with public assistance data to 95.12 determine students eligible for free and reduced price meals, 95.13 meal supplements, and free milk according to United States Code, 95.14 title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to95.15 produce accurate numbers of students receiving assistance from95.16 the Minnesota family investment program as required by section95.17 126C.06;to allocate federal and state funds that are 95.18 distributed based on income of the student's family; and to 95.19 verify receipt of energy assistance for the telephone assistance 95.20 plan; 95.21 (23) the current address and telephone number of program 95.22 recipients and emergency contacts may be released to the 95.23 commissioner of health or a local board of health as defined in 95.24 section 145A.02, subdivision 2, when the commissioner or local 95.25 board of health has reason to believe that a program recipient 95.26 is a disease case, carrier, suspect case, or at risk of illness, 95.27 and the data are necessary to locate the person; 95.28 (24) to other state agencies, statewide systems, and 95.29 political subdivisions of this state, including the attorney 95.30 general, and agencies of other states, interstate information 95.31 networks, federal agencies, and other entities as required by 95.32 federal regulation or law for the administration of the child 95.33 support enforcement program; 95.34 (25) to personnel of public assistance programs as defined 95.35 in section 256.741, for access to the child support system 95.36 database for the purpose of administration, including monitoring 96.1 and evaluation of those public assistance programs; or 96.2 (26) to monitor and evaluate the Minnesota family 96.3 investment program by exchanging data between the departments of 96.4 human services and children, families, and learning, on 96.5 recipients and former recipients of food stamps, cash assistance 96.6 under chapter 256, 256D, 256J, or 256K, child care assistance 96.7 under chapter 119B, or medical programs under chapter 256B, 96.8 256D, or 256L. 96.9 (b) Information on persons who have been treated for drug 96.10 or alcohol abuse may only be disclosed according to the 96.11 requirements of Code of Federal Regulations, title 42, sections 96.12 2.1 to 2.67. 96.13 (c) Data provided to law enforcement agencies under 96.14 paragraph (a), clause (15), (16), (17), or (18), or paragraph 96.15 (b), are investigative data and are confidential or protected 96.16 nonpublic while the investigation is active. The data are 96.17 private after the investigation becomes inactive under section 96.18 13.82, subdivision 5, paragraph (a) or (b). 96.19 (d) Mental health data shall be treated as provided in 96.20 subdivisions 7, 8, and 9, but is not subject to the access 96.21 provisions of subdivision 10, paragraph (b). 96.22 Sec. 88. Laws 1999, chapter 159, section 86, is amended to 96.23 read: 96.24 Sec. 86. Minnesota Statutes 1998, section 256J.42, 96.25 subdivision 1, is amended to read: 96.26 Subdivision 1. [TIME LIMIT.] (a) Except for the exemptions 96.27 in this section and in section 256J.11, subdivision 2, an 96.28 assistance unit in which any adult caregiver has received 60 96.29 months of cash assistance funded in whole or in part by the TANF 96.30 block grant in this or any other state or United States 96.31 territory, MFIP, the AFDC program formerly codified in sections 96.32 256.72 to 256.87, or the family general assistance program 96.33 formerly codified in sections 256D.01 to 256D.23, funded in 96.34 whole or in part by state appropriations, is ineligible to 96.35 receive MFIP. Any cash assistance funded with TANF dollars in 96.36 this or any other state or United States territory, or MFIP 97.1 assistance funded in whole or in part by state appropriations, 97.2 that was received by the unit on or after the date TANF was 97.3 implemented, including any assistance received in states or 97.4 United States territories of prior residence, counts toward the 97.5 60-month limitation. The 60-month limit applies to a minor who 97.6 is the head of a household or who is married to the head of a 97.7 household except under subdivision 5. The 60-month time period 97.8 does not need to be consecutive months for this provision to 97.9 apply. 97.10 (b) The months before July 1998 in which individuals 97.11 receivereceived assistance as part of the field trials as an 97.12 MFIP, MFIP-R, or MFIP or MFIP-R comparison group family formerly97.13 codified in sections 256.031 to 256.0361 or sections 256.047 to97.14 256.048are not included in the 60-month time limit. 97.15 Sec. 89. Laws 1999, chapter 159, section 154, is amended 97.16 to read: 97.17 Sec. 154. [REPEALER.] 97.18 (a) Minnesota Statutes 1998, sections 119B.01, subdivision97.19 12a;119B.05, subdivision 6; 126C.05, subdivision 4; 126C.06; 97.20 256.031, subdivision 1a; 256.736; 256.74, subdivision 1c; 97.21 256.9850; 256J.62, subdivision 5; 268.871, subdivision 5; and 97.22 290A.22, are repealed. 97.23 (b) Minnesota Rules, parts 9500.2000; 9500.2020; 9500.2060; 97.24 9500.2100; 9500.2140; 9500.2180; 9500.2220; 9500.2260; 97.25 9500.2300; 9500.2340; 9500.2380; 9500.2420; 9500.2440; 97.26 9500.2480; 9500.2500; 9500.2520; 9500.2560; 9500.2580; 97.27 9500.2600; 9500.2620; 9500.2640; 9500.2680; 9500.2700; 97.28 9500.2720; 9500.2722; 9500.2724; 9500.2726; 9500.2728; 97.29 9500.2730; 9500.2740; 9500.2760; 9500.2780; 9500.2800; 97.30 9500.2820; 9500.2860; and 9500.2880, are repealed. 97.31 Sec. 90. Laws 1999, chapter 205, article 1, section 1, is 97.32 amended to read: 97.33 Section 1. Minnesota Statutes 1998, section 13.46, 97.34 subdivision 2, is amended to read: 97.35 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 97.36 a statute specifically provides a different classification, data 98.1 on individuals collected, maintained, used, or disseminated by 98.2 the welfare system is private data on individuals, and shall not 98.3 be disclosed except: 98.4 (1) according to section 13.05; 98.5 (2) according to court order; 98.6 (3) according to a statute specifically authorizing access 98.7 to the private data; 98.8 (4) to an agent of the welfare system, including a law 98.9 enforcement person, attorney, or investigator acting for it in 98.10 the investigation or prosecution of a criminal or civil 98.11 proceeding relating to the administration of a program; 98.12 (5) to personnel of the welfare system who require the data 98.13 to determine eligibility, amount of assistance, and the need to 98.14 provide services of additional programs to the individual; 98.15 (6) to administer federal funds or programs; 98.16 (7) between personnel of the welfare system working in the 98.17 same program; 98.18 (8) the amounts of cash public assistance and relief paid 98.19 to welfare recipients in this state, including their names, 98.20 social security numbers, income, addresses, and other data as 98.21 required, upon request by the department of revenue to 98.22 administer the property tax refund law, supplemental housing 98.23 allowance, early refund of refundable tax credits, and the 98.24 income tax. "Refundable tax credits" means the dependent care 98.25 credit under section 290.067, the Minnesota working family 98.26 credit under section 290.0671, the property tax refund under 98.27 section 290A.04, and, if the required federal waiver or waivers 98.28 are granted, the federal earned income tax credit under section 98.29 32 of the Internal Revenue Code; 98.30 (9) between the department of human services, the 98.31 department of children, families, and learning, and the 98.32 department of economic security for the purpose of monitoring 98.33 the eligibility of the data subject for reemployment insurance, 98.34 for any employment or training program administered, supervised, 98.35 or certified by that agency, for the purpose of administering 98.36 any rehabilitation program or child care assistance program, 99.1 whether alone or in conjunction with the welfare system, or to 99.2 monitor and evaluate the Minnesota family investment program by 99.3 exchanging data on recipients and former recipients of food 99.4 stamps, cash assistance under chapter 256, 256D, 256J, or 256K, 99.5 child care assistance under chapter 119B, or medical programs 99.6 under chapter 256B, 256D, or 256L; 99.7 (10) to appropriate parties in connection with an emergency 99.8 if knowledge of the information is necessary to protect the 99.9 health or safety of the individual or other individuals or 99.10 persons; 99.11 (11) data maintained by residential programs as defined in 99.12 section 245A.02 may be disclosed to the protection and advocacy 99.13 system established in this state according to Part C of Public 99.14 Law Number 98-527 to protect the legal and human rights of 99.15 persons with mental retardation or other related conditions who 99.16 live in residential facilities for these persons if the 99.17 protection and advocacy system receives a complaint by or on 99.18 behalf of that person and the person does not have a legal 99.19 guardian or the state or a designee of the state is the legal 99.20 guardian of the person; 99.21 (12) to the county medical examiner or the county coroner 99.22 for identifying or locating relatives or friends of a deceased 99.23 person; 99.24 (13) data on a child support obligor who makes payments to 99.25 the public agency may be disclosed to the higher education 99.26 services office to the extent necessary to determine eligibility 99.27 under section 136A.121, subdivision 2, clause (5); 99.28 (14) participant social security numbers and names 99.29 collected by the telephone assistance program may be disclosed 99.30 to the department of revenue to conduct an electronic data match 99.31 with the property tax refund database to determine eligibility 99.32 under section 237.70, subdivision 4a; 99.33 (15) the current address of a Minnesota family investment 99.34 program participant may be disclosed to law enforcement officers 99.35 who provide the name of the participant and notify the agency 99.36 that: 100.1 (i) the participant: 100.2 (A) is a fugitive felon fleeing to avoid prosecution, or 100.3 custody or confinement after conviction, for a crime or attempt 100.4 to commit a crime that is a felony under the laws of the 100.5 jurisdiction from which the individual is fleeing; or 100.6 (B) is violating a condition of probation or parole imposed 100.7 under state or federal law; 100.8 (ii) the location or apprehension of the felon is within 100.9 the law enforcement officer's official duties; and 100.10 (iii) the request is made in writing and in the proper 100.11 exercise of those duties; 100.12 (16) the current address of a recipient of general 100.13 assistance or general assistance medical care may be disclosed 100.14 to probation officers and corrections agents who are supervising 100.15 the recipient and to law enforcement officers who are 100.16 investigating the recipient in connection with a felony level 100.17 offense; 100.18 (17) information obtained from food stamp applicant or 100.19 recipient households may be disclosed to local, state, or 100.20 federal law enforcement officials, upon their written request, 100.21 for the purpose of investigating an alleged violation of the 100.22 Food Stamp Act, according to Code of Federal Regulations, title 100.23 7, section 272.1(c); 100.24 (18) the address, social security number, and, if 100.25 available, photograph of any member of a household receiving 100.26 food stamps shall be made available, on request, to a local, 100.27 state, or federal law enforcement officer if the officer 100.28 furnishes the agency with the name of the member and notifies 100.29 the agency that: 100.30 (i) the member: 100.31 (A) is fleeing to avoid prosecution, or custody or 100.32 confinement after conviction, for a crime or attempt to commit a 100.33 crime that is a felony in the jurisdiction the member is 100.34 fleeing; 100.35 (B) is violating a condition of probation or parole imposed 100.36 under state or federal law; or 101.1 (C) has information that is necessary for the officer to 101.2 conduct an official duty related to conduct described in subitem 101.3 (A) or (B); 101.4 (ii) locating or apprehending the member is within the 101.5 officer's official duties; and 101.6 (iii) the request is made in writing and in the proper 101.7 exercise of the officer's official duty; 101.8 (19) certain information regarding child support obligors 101.9 who are in arrears may be made public according to section 101.10 518.575; 101.11 (20) data on child support payments made by a child support 101.12 obligor and data on the distribution of those payments excluding 101.13 identifying information on obligees may be disclosed to all 101.14 obligees to whom the obligor owes support, and data on the 101.15 enforcement actions undertaken by the public authority, the 101.16 status of those actions, and data on the income of the obligor 101.17 or obligee may be disclosed to the other party; 101.18 (21) data in the work reporting system may be disclosed 101.19 under section 256.998, subdivision 7; 101.20 (22) to the department of children, families, and learning 101.21 for the purpose of matching department of children, families, 101.22 and learning student data with public assistance data to 101.23 determine students eligible for free and reduced price meals, 101.24 meal supplements, and free milk according to United States Code, 101.25 title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to101.26 produce accurate numbers of students receiving Minnesota family101.27 investment program assistance as required by section 126C.06;to 101.28 allocate federal and state funds that are distributed based on 101.29 income of the student's family; and to verify receipt of energy 101.30 assistance for the telephone assistance plan; 101.31 (23) the current address and telephone number of program 101.32 recipients and emergency contacts may be released to the 101.33 commissioner of health or a local board of health as defined in 101.34 section 145A.02, subdivision 2, when the commissioner or local 101.35 board of health has reason to believe that a program recipient 101.36 is a disease case, carrier, suspect case, or at risk of illness, 102.1 and the data are necessary to locate the person; 102.2 (24) to other state agencies, statewide systems, and 102.3 political subdivisions of this state, including the attorney 102.4 general, and agencies of other states, interstate information 102.5 networks, federal agencies, and other entities as required by 102.6 federal regulation or law for the administration of the child 102.7 support enforcement program; 102.8 (25) to personnel of public assistance programs as defined 102.9 in section 256.741, for access to the child support system 102.10 database for the purpose of administration, including monitoring 102.11 and evaluation of those public assistance programs; or 102.12 (26) to monitor and evaluate the Minnesota family 102.13 investment program by exchanging data between the departments of 102.14 human services and children, families, and learning, on 102.15 recipients and former recipients of food stamps, cash assistance 102.16 under chapter 256, 256D, 256J, or 256K, child care assistance 102.17 under chapter 119B, or medical programs under chapter 256B, 102.18 256D, or 256L. 102.19 (b) Information on persons who have been treated for drug 102.20 or alcohol abuse may only be disclosed according to the 102.21 requirements of Code of Federal Regulations, title 42, sections 102.22 2.1 to 2.67. 102.23 (c) Data provided to law enforcement agencies under 102.24 paragraph (a), clause (15), (16), (17), or (18), or paragraph 102.25 (b), are investigative data and are confidential or protected 102.26 nonpublic while the investigation is active. The data are 102.27 private after the investigation becomes inactive under section 102.28 13.82, subdivision 5, paragraph (a) or (b). 102.29 (d) Mental health data shall be treated as provided in 102.30 subdivisions 7, 8, and 9, but is not subject to the access 102.31 provisions of subdivision 10, paragraph (b). 102.32 Sec. 91. [REFERENCE CHANGE.] 102.33 The reference in Laws 1999, chapter 245, article 1, section 102.34 2, subdivision 8, item (j), to "Minnesota Statutes, section 102.35 15.17," is corrected to read "Minnesota Statutes, section 102.36 157.17." 103.1 Sec. 92. [VALIDATION OF CERTAIN HENNEPIN COUNTY HRA NOTICE 103.2 REQUIREMENTS.] 103.3 Notwithstanding Minnesota Statutes, section 645.021, Laws 103.4 1997, chapter 58, section 3, amending Minnesota Statutes, 103.5 section 383B.77, subdivision 2, having been approved by the 103.6 Hennepin county board of commissioners, is effective 103.7 retroactively to August 8, 1997, despite an apparent 103.8 irregularity in the filing of the certificate of local 103.9 approval. This section and Laws 1997, chapter 58, section 3, 103.10 are effective without further local approval and without any 103.11 filing with the secretary of state. Actions undertaken pursuant 103.12 to Laws 1997, chapter 58, section 3, are validated by this 103.13 section. 103.14 Sec. 93. [ST. PAUL SCHOOL DISTRICT PIPEFITTERS' PENSION 103.15 OPTION.] 103.16 Notwithstanding Minnesota Statutes, section 645.021, Laws 103.17 1997, chapter 241, article 2, sections 1, 8, and 12, having been 103.18 approved by a majority vote of the school board of independent 103.19 school district No. 625, St. Paul, on July 15, 1997, are 103.20 effective retroactive to May 2, 1997, despite irregularities in 103.21 the filing of the certificate of local approval. This section 103.22 and the sections of Laws 1997, chapter 241, referred to in this 103.23 section are effective without further local approval and without 103.24 any filing with the secretary of state. Actions undertaken 103.25 pursuant to any of the Laws 1997, chapter 241, sections referred 103.26 to in this section are validated by this section. This section 103.27 does not extend the expiration date of January 1, 1998, for the 103.28 authority to make the coverage exclusion election as stated in 103.29 Laws 1997, chapter 241, article 2, section 12. 103.30 Sec. 94. [NO EXPIRATION; SECTIONS 114C.20 TO 114C.28.] 103.31 Laws 1999, chapter 158, section 15, is effective 103.32 retroactively to June 30, 1999. Minnesota Statutes 1998, 103.33 sections 114C.20; 114C.21, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 103.34 10, and 12; 114C.22; 114C.23; 114C.24; 114C.25; 114C.26; 103.35 114C.27; and 114C.28, are revived, pursuant to Minnesota 103.36 Statutes, section 645.36, retroactively to June 30, 1999. 104.1 Sec. 95. [EFFECTIVE DATE; SECTION 115.741, SUBDIVISION 3.] 104.2 Laws 1999, chapter 66, section 5, is effective 104.3 retroactively to June 30, 1999. 104.4 Sec. 96. [NO EXPIRATION; SECTION 465.797, SUBDIVISION 5A.] 104.5 Laws 1999, chapter 41, section 1, is effective 104.6 retroactively to June 30, 1999. Minnesota Statutes 1998, 104.7 section 465.797, subdivision 5a, is revived pursuant to 104.8 Minnesota Statutes, section 645.36, retroactively to June 30, 104.9 1999. 104.10 Sec. 97. [REPEALER.] 104.11 (a) Minnesota Statutes 1999 Supplement, section 260C.401, 104.12 is repealed. 104.13 (b) Minnesota Statutes 1998, section 281.20, is repealed. 104.14 (c) Minnesota Statutes 1998, sections 421.11, 421.12, 104.15 421.13, and 421.14, are repealed. 104.16 (d) Minnesota Statutes 1998, section 462A.21, subdivision 104.17 19, is repealed. 104.18 (e) Laws 1987, chapter 186, section 11, is repealed. 104.19 (f) Laws 1989, chapter 282, article 5, section 45, is 104.20 repealed. 104.21 (g) Laws 1991, chapter 286, section 2, is repealed. 104.22 (h) Laws 1994, chapter 572, section 6, is repealed. 104.23 (i) Laws 1995, chapter 207, article 4, section 21, 104.24 subdivision 4, is repealed. 104.25 (j) Laws 1996, chapter 412, article 4, section 25, is 104.26 repealed. 104.27 (k) Laws 1997, chapter 85, article 3, section 18, is 104.28 repealed. 104.29 (l) Laws 1997, chapter 85, article 4, section 20, is 104.30 repealed. 104.31 (m) Laws 1997, chapter 187, article 1, section 4, is 104.32 repealed. 104.33 (n) Laws 1997, chapter 203, article 11, section 3, is 104.34 repealed. 104.35 (o) Laws 1997, chapter 217, article 1, section 89, is 104.36 repealed. 105.1 (p) Laws 1998, chapter 407, article 6, section 9, is 105.2 repealed. 105.3 (q) Laws 1999, chapter 154, section 3, is repealed. 105.4 (r) Laws 1999, chapter 159, section 6, is repealed. 105.5 (s) Laws 1999, chapter 159, section 18, is repealed. 105.6 (t) Laws 1999, chapter 159, section 49, is repealed. 105.7 (u) Laws 1999, chapter 159, section 90, is repealed. 105.8 (v) Laws 1999, chapter 159, sections 110, 112, and 113, are 105.9 repealed. 105.10 (w) Laws 1999, chapter 177, section 56, is repealed. 105.11 (x) Laws 1999, chapter 177, section 58, is repealed. 105.12 (y) Laws 1999, chapter 216, article 2, section 5, is 105.13 repealed.