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Minnesota Legislature

Office of the Revisor of Statutes

HF 2938

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to Minnesota Statutes; correcting erroneous, 
  1.3             ambiguous, and omitted text and obsolete references; 
  1.4             eliminating certain redundant, conflicting, and 
  1.5             superseded provisions; making miscellaneous technical 
  1.6             corrections to statutes and other laws; amending 
  1.7             Minnesota Statutes 1994, sections 10A.27, subdivision 
  1.8             1; 13.99, subdivisions 8a and 19c; 14.47, subdivision 
  1.9             1; 17.03, subdivision 10; 18.54, subdivisions 1 and 2; 
  1.10            18B.39; 18E.05, subdivision 1; 21.92; 32.417; 41A.023; 
  1.11            41A.04, subdivision 4; 44A.0311; 48.301; 60B.39, 
  1.12            subdivision 5; 62D.02, subdivision 4; 62D.12, 
  1.13            subdivisions 12 and 13; 62E.04, subdivision 8; 62E.09; 
  1.14            62I.22, subdivision 6; 72C.07, subdivision 1; 83.23, 
  1.15            subdivisions 2 and 3; 83.24, subdivisions 3 and 5; 
  1.16            83.26, subdivision 1; 83.28, subdivision 2; 83.30, 
  1.17            subdivision 1; 83.31, subdivisions 1 and 3; 83.39, 
  1.18            subdivision 1; 85A.02, subdivision 5b; 97B.025; 
  1.19            103G.301, subdivision 3; 103I.101, subdivision 5; 
  1.20            103I.525, subdivisions 8 and 9; 103I.531, subdivisions 
  1.21            8 and 9; 103I.535, subdivision 8; 103I.541, 
  1.22            subdivisions 4 and 5; 115A.156, subdivision 3; 
  1.23            115B.223, subdivision 2; 115C.07, subdivision 3; 
  1.24            116C.834, subdivision 1; 116J.403; 116J.63, 
  1.25            subdivision 2; 116J.68, subdivision 2; 129D.14, 
  1.26            subdivision 5; 136D.23, subdivisions 1 and 2; 136D.83, 
  1.27            subdivisions 1 and 2; 144.98, subdivision 4; 145.61, 
  1.28            subdivision 5; 145.889; 145.97; 148B.17; 148B.61, 
  1.29            subdivision 2; 148B.64, subdivision 2; 148B.69, 
  1.30            subdivision 1; 160.265, subdivision 2; 161.1231, 
  1.31            subdivision 5; 169.128; 176.021, subdivision 7; 
  1.32            176.129, subdivisions 4a and 13; 176.225, subdivision 
  1.33            2; 176.83, subdivision 7; 177.24, subdivisions 1 and 
  1.34            4; 177.27, subdivision 6; 182.675; 183.375, 
  1.35            subdivision 5; 183.411, subdivisions 2a and 3; 
  1.36            183.545; 197.447; 198.002, subdivision 2; 198.003, 
  1.37            subdivision 1; 205A.13; 216A.037, subdivision 3; 
  1.38            216B.164, subdivision 6; 216C.10; 216C.14, subdivision 
  1.39            3; 216C.15, subdivision 2; 216C.37, subdivision 7; 
  1.40            223.17, subdivision 3; 239.101, subdivision 4; 240.24, 
  1.41            subdivision 2; 240A.03, subdivision 10; 254B.041, 
  1.42            subdivision 2; 256.871, subdivision 7; 256.9753, 
  1.43            subdivision 3; 256.991; 256B.431, subdivision 22; 
  1.44            256B.501, subdivisions 5a and 10; 256B.502; 256B.503; 
  1.45            256B.74, subdivision 10; 268.166; 268.37, subdivision 
  1.46            3; 270.84, subdivision 1; 270A.12; 270B.07, 
  2.1             subdivision 4; 284.28, subdivisions 5 and 6; 298.39; 
  2.2             299L.07, subdivision 8; 299M.04; 308A.135, subdivision 
  2.3             3; 325D.01, subdivision 1; 325D.69, subdivision 2; 
  2.4             325D.70; 325F.20, subdivision 1; 326.47, subdivision 
  2.5             6; 326.86, subdivision 1; 349A.02, subdivision 6; 
  2.6             352.75, subdivision 6; 352B.26, subdivision 3; 
  2.7             353.271, subdivision 2; 353.84; 354.094, as amended; 
  2.8             354.53, subdivision 1; 354.55, subdivisions 14 and 15; 
  2.9             354.66, subdivisions 1 and 6; 354A.092; 354A.093; 
  2.10            355.391, subdivision 1; 355.392, subdivisions 2 and 3; 
  2.11            356.86, subdivision 2; 356.865, subdivision 2; 363.06, 
  2.12            subdivision 4a; 402.01, subdivision 1; 422A.06, 
  2.13            subdivision 5; 462A.06, subdivision 11; 462A.07, 
  2.14            subdivision 14; 462A.08, subdivision 3; 462A.236; 
  2.15            469.141, subdivision 2; 473.446, subdivision 2; 
  2.16            473.516, subdivision 3; 473.545; 473.639; 480A.06, 
  2.17            subdivision 3; 524.3-101; 524.3-108; 524.3-901; 
  2.18            524.3-1204; 525.712; 550.15; 583.285; 624.7132, 
  2.19            subdivision 8; 626A.13, subdivision 4; and 629.68; 
  2.20            Minnesota Statutes 1995 Supplement, sections 13.99, 
  2.21            subdivision 19h; 15.0591, subdivision 2; 15.991, 
  2.22            subdivision 1; 16A.6701, subdivision 1; 16B.43, 
  2.23            subdivision 1; 16B.748; 41A.066, subdivision 1; 
  2.24            43A.191, subdivision 3; 43A.24, subdivision 2; 47.60, 
  2.25            subdivision 4; 62A.307, subdivision 2; 62L.045, 
  2.26            subdivision 1; 62M.09, subdivision 5; 72C.03; 79A.31, 
  2.27            subdivision 1; 83.26, subdivision 2; 84.9691; 
  2.28            97A.0453; 103B.231, subdivision 3; 103G.301, 
  2.29            subdivision 2; 116.07, subdivisions 4 and 4d; 121.703, 
  2.30            subdivision 2; 144.057, subdivision 1; 144A.071, 
  2.31            subdivision 2; 144A.073, subdivision 8; 144D.06; 
  2.32            148C.03, subdivision 1; 151.37, subdivision 2; 237.16, 
  2.33            subdivision 11; 256.737, subdivision 1a; 256D.01, 
  2.34            subdivision 1b; 275.065, subdivision 6; 276.04, 
  2.35            subdivision 2; 295.50, subdivision 4; 297A.25, 
  2.36            subdivision 11; 326.50; 336.9-411; 354.05, subdivision 
  2.37            5; 354.63, subdivision 2; 354A.094, subdivision 4; 
  2.38            354D.01, subdivision 2; 354D.06; 462A.201, subdivision 
  2.39            2; 474.191; 525.6197; 609.101, subdivision 2; 609.485, 
  2.40            subdivisions 2 and 4; and 626.557, subdivision 16; 
  2.41            Laws 1995, chapters 159, section 1; 202, article 4, 
  2.42            section 24; and 212, article 4, section 65; First 
  2.43            Special Session chapter 3, article 8, section 25, 
  2.44            subdivision 6; repealing Minnesota Statutes 1994, 
  2.45            sections 13.99, subdivisions 2 and 39a; 148B.60, 
  2.46            subdivision 6; 177.28, subdivision 4; 222.61; 
  2.47            254B.041, subdivision 1; 289A.60, subdivision 9; 
  2.48            349.218; 471.6161, subdivision 7; 473.604, subdivision 
  2.49            7; and 473.704, subdivision 6; Laws 1991, chapter 354, 
  2.50            article 6, section 7, subdivisions 2 and 3; Laws 1995, 
  2.51            chapters 186, sections 38 and 78; 224, sections 117, 
  2.52            118, 119, 120, and 121; 234, article 3, section 3; 
  2.53            247, article 1, section 44; 248, article 10, section 
  2.54            15; and 259, article 3, section 7, subdivision 2.  
  2.55  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.56                             ARTICLE 1 
  2.57                              GENERAL 
  2.58     Section 1.  Minnesota Statutes 1994, section 10A.27, 
  2.59  subdivision 1, is amended to read: 
  2.60     Subdivision 1.  [CONTRIBUTION LIMITS.] Except as provided 
  2.61  in subdivisions subdivision 2 and 6, no candidate shall permit 
  2.62  the candidate's principal campaign committee to accept aggregate 
  3.1   contributions made or delivered by any individual, political 
  3.2   committee, or political fund in excess of the following: 
  3.3      (a) to candidates for governor and lieutenant governor 
  3.4   running together, $2,000 in an election year for the office 
  3.5   sought and $500 in other years; 
  3.6      (b) to a candidate for attorney general, $1,000 in an 
  3.7   election year for the office sought and $200 in other years; 
  3.8      (c) to a candidate for the office of secretary of state, 
  3.9   state treasurer or state auditor, $500 in an election year for 
  3.10  the office sought and $100 in other years; 
  3.11     (d) to a candidate for state senator, $500 in an election 
  3.12  year for the office sought and $100 in other years; and 
  3.13     (e) to a candidate for state representative, $500 in an 
  3.14  election year for the office sought and $100 in the other year. 
  3.15     The following deliveries are not subject to the bundling 
  3.16  limitation in this subdivision: 
  3.17     (1) delivery of contributions collected by a member of the 
  3.18  candidate's principal campaign committee, such as a block worker 
  3.19  or a volunteer who hosts a fund raising event, to the 
  3.20  committee's treasurer; and 
  3.21     (2) a delivery made by an individual on behalf of the 
  3.22  individual's spouse.  
  3.23     Sec. 2.  [REPEALER.] 
  3.24     Minnesota Statutes 1994, section 13.99, subdivision 2, is 
  3.25  repealed.  
  3.26     Sec. 3.  Minnesota Statutes 1994, section 13.99, 
  3.27  subdivision 8a, is amended to read: 
  3.28     Subd. 8a.  [DAIRY PRODUCT DATA.] Financial and production 
  3.29  information obtained by the commissioner of agriculture to 
  3.30  administer chapter 34 32 are classified under section 32.71, 
  3.31  subdivision 2. 
  3.32     Sec. 4.  Minnesota Statutes 1994, section 13.99, 
  3.33  subdivision 19c, is amended to read: 
  3.34     Subd. 19c.  [DATA ANALYSIS HEALTH DATA AND RESEARCH 
  3.35  INITIATIVES.] Data collected by the data analysis 
  3.36  unit commissioner of health for data and research initiatives 
  4.1   are classified under section 62J.30 62J.321, subdivision 7 5. 
  4.2      Sec. 5.  Minnesota Statutes 1995 Supplement, section 13.99, 
  4.3   subdivision 19h, is amended to read: 
  4.4      Subd. 19h.  [HEALTH CARE COST CONTAINMENT.] Data required 
  4.5   to be submitted under health care cost containment provisions 
  4.6   are classified by sections 62J.35, subdivision 3 62J.321, 
  4.7   subdivision 5, and 62J.45, subdivision 4a 62J.452, subdivision 2.
  4.8      Sec. 6.  [REPEALER.] 
  4.9      Minnesota Statutes 1994, section 13.99, subdivision 39a, is 
  4.10  repealed. 
  4.11     Sec. 7.  Minnesota Statutes 1995 Supplement, section 
  4.12  15.0591, subdivision 2, is amended to read: 
  4.13     Subd. 2.  [BODIES AFFECTED.] A member meeting the 
  4.14  qualifications in subdivision 1 must be appointed to the 
  4.15  following boards, commissions, advisory councils, task forces, 
  4.16  or committees:  
  4.17     (1) advisory council on battered women; 
  4.18     (2) advisory task force on the use of state facilities; 
  4.19     (3) alcohol and other drug abuse advisory council; 
  4.20     (4) board of examiners for nursing home administrators; 
  4.21     (5) board on aging; 
  4.22     (6) chiropractic examiners board; 
  4.23     (7) consumer advisory council on vocational rehabilitation; 
  4.24     (8) council on disability; 
  4.25     (9) council on affairs of Spanish-speaking people; 
  4.26     (10) council on black Minnesotans; 
  4.27     (11) dentistry board; 
  4.28     (12) department of economic security advisory council; 
  4.29     (13) higher education services office; 
  4.30     (14) housing finance agency; 
  4.31     (15) Indian advisory council on chemical dependency; 
  4.32     (16) medical practice board; 
  4.33     (17) medical policy directional task force on mental 
  4.34  health; 
  4.35     (18) Minnesota employment and economic development task 
  4.36  force; 
  5.1      (19) Minnesota office of citizenship and volunteer services 
  5.2   advisory committee; 
  5.3      (20) Minnesota state arts board; 
  5.4      (21) mortuary sciences advisory council; 
  5.5      (22) nursing board; 
  5.6      (23) optometry board; 
  5.7      (24) pharmacy board; 
  5.8      (25) physical therapists council; 
  5.9      (26) podiatry board; 
  5.10     (27) psychology board; 
  5.11     (28) veterans advisory committee. 
  5.12     Sec. 8.  Minnesota Statutes 1995 Supplement, section 
  5.13  15.991, subdivision 1, is amended to read: 
  5.14     Subdivision 1.  [DEFINITIONS.] For purposes of this section 
  5.15  and section 15.992: 
  5.16     (1) "business license" or "license" has the meaning given 
  5.17  it in section 116J.70, subdivision 2, and also includes licenses 
  5.18  and other forms of approval listed in section 116J.70, 
  5.19  subdivision 2a, clauses (7) and (8), but does not include those 
  5.20  listed in subdivision 2a, clauses (1) to (6); 
  5.21     (2) "customer" means an individual; a small business as 
  5.22  defined in section 645.445, but also including a nonprofit 
  5.23  corporation that otherwise meets the criteria in that section; a 
  5.24  family farm, family farm corporation, or family farm partnership 
  5.25  as defined in section 500.24, subdivision 2; or a political 
  5.26  subdivision as defined in section 3.881 103G.005, subdivision 2 
  5.27  14a; 
  5.28     (3) "initial agency" means the state agency to which a 
  5.29  customer submits an application for a license or inquires about 
  5.30  submitting an application; and 
  5.31     (4) "responsible agency" means the initial agency or 
  5.32  another state agency that agrees to be designated the 
  5.33  responsible agency. 
  5.34     Sec. 9.  Minnesota Statutes 1995 Supplement, section 
  5.35  16A.6701, subdivision 1, is amended to read: 
  5.36     Subdivision 1.  [STATE LICENSE AND SERVICE FEES.] For 
  6.1   purposes of section 16A.665 16A.67, subdivision 3, and this 
  6.2   section, the term "state license and service fees" means, and 
  6.3   refers to, all license fees, service fees, and charges imposed 
  6.4   by law and collected by any state officer, agency, or employee, 
  6.5   which are listed below or which are defined as departmental 
  6.6   earnings under section 16A.1285, subdivision 1, and the use of 
  6.7   which is not otherwise restricted by law, and which are not 
  6.8   required to be credited or transferred to a fund other than the 
  6.9   general fund:  
  6.10     Minnesota Statutes 1994, sections 3.9221; 5.12; 5.14; 5.16; 
  6.11  5A.04; 6.58; 13.03, subdivision 10; 16A.155; 16A.48; 16A.54; 
  6.12  16A.72; 16B.59; 16B.70; 17A.04; 18.51, subdivision 2; 18.53; 
  6.13  18.54; 18C.551; 19.58; 19.64; 27.041, subdivision 2, clauses (d) 
  6.14  and (e); 27.07, subdivision 5; 28A.08; 32.071; 32.075; 32.392; 
  6.15  35.71; 35.824; 35.95; 41C.12; 45.027, subdivisions 3 and 6; 
  6.16  46.041, subdivision 1; 46.131, subdivisions 2, 7, 8, 9, and 10; 
  6.17  47.101, subdivision 2; 47.54, subdivisions 1 and 4; 47.62, 
  6.18  subdivision 4; 47.65; 48.475, subdivision 1; 48.61, subdivision 
  6.19  7; 48.93; 49.36, subdivision 1; 52.01; 52.203; 53.03, 
  6.20  subdivisions 1, 5, and 6; 53.09, subdivision 1; 53A.03; 53A.05, 
  6.21  subdivision 1; 53A.081, subdivision 3; 54.294, subdivision 1; 
  6.22  55.04, subdivision 2; 55.095; 56.02; 56.04; 56.10; 59A.03, 
  6.23  subdivision 2; 59A.06, subdivision 3; 60A.14, subdivisions 1 and 
  6.24  2; 60A.23, subdivision 8; 60K.19, subdivision 5; 65B.48, 
  6.25  subdivision 3; 70A.14, subdivision 4; 72B.04, subdivision 10; 
  6.26  79.251, subdivision 5; 80A.28, subdivisions 1, 2, 3, 4, 5, 6, 7, 
  6.27  7a, 8, and 9; 80C.04, subdivision 1; 80C.07; 80C.08, subdivision 
  6.28  1; 80C.16, subdivisions 2 and 3; 80C.18, subdivision 2; 82.20, 
  6.29  subdivision 8 and 9; 82A.04, subdivision 1; 82A.08, subdivision 
  6.30  2; 82A.16, subdivisions 2 and 6; 82B.09, subdivision 1; 83.23, 
  6.31  subdivisions 2, 3, and 4; 83.25, subdivisions 1 and 2; 83.26, 
  6.32  subdivision 2; 83.30, subdivision 2; 83.31, subdivision 2; 
  6.33  83.38, subdivision 2; 85.052; 85.053; 85.055; 88.79, subdivision 
  6.34  2; 89.035; 89.21; 115.073; 115.77, subdivisions 1 and 2; 116.41, 
  6.35  subdivision 2; 116C.69; 116C.712; 116J.9673; 125.08; 136C.04, 
  6.36  subdivision 9; 155A.045; 155A.16; 168.27, subdivision 11; 
  7.1   168.33, subdivisions 3 and 7; 168.54; 168.67; 168.705; 168A.152; 
  7.2   168A.29; 169.345; 171.06, subdivision 2a; 171.29, subdivision 2; 
  7.3   176.102; 176.1351; 176.181, subdivision 2a; 177.30; 181A.12; 
  7.4   183.545; 183.57; 184.28; 184.29; 184A.09; 201.091, subdivision 
  7.5   5; 204B.11; 207A.02; 214.06; 216C.261; 221.0355; 239.101; 
  7.6   240.06; 240.07; 240.08; 240.09; 240.10; 246.51; 270.69, 
  7.7   subdivision 2; 270A.07; 272.484; 296.06; 296.12; 296.17; 297.04; 
  7.8   297.33; 299C.46; 299C.62; 299K.09; 299K.095; 299L.07; 299M.04; 
  7.9   300.49; 318.02; 323.44, subdivision 3; 325D.415; 326.22; 
  7.10  326.3331; 326.47; 326.50; 326.92, subdivisions 1 and 3; 327.33; 
  7.11  331A.02; 332.15, subdivisions 2 and 3; 332.17; 332.22, 
  7.12  subdivision 1; 332.33, subdivisions 3 and 4; 332.54, subdivision 
  7.13  7; 333.055; 333.20; 333.23; 336.9-413; 336A.04; 336A.05; 
  7.14  336A.09; 345.35; 345.43, subdivision 1; 345.44; 345.55, 
  7.15  subdivision 3; 347.33; 349.151; 349.161; 349.162; 349.163; 
  7.16  349.164; 349.165; 349.166; 349.167; 357.08; 359.01, subdivision 
  7.17  3; 360.018; 360.63; 386.68; and 414.01, subdivision 11; 
  7.18  Minnesota Statutes 1994, chapters 154; 216B; 237; 302A; 303; 
  7.19  308A; 317A; 322A; and 322B; Laws 1990, chapter 593; Laws 1993, 
  7.20  chapter 254, section 7; and Laws 1994, chapter 573, section 4; 
  7.21  Minnesota Rules, parts 1800.0500; 1950.1070; 2100.9300; 
  7.22  7515.0210; and 9545.2000 to 9545.2040. 
  7.23     Sec. 10.  Minnesota Statutes 1995 Supplement, section 
  7.24  16B.43, subdivision 1, is amended to read: 
  7.25     Subdivision 1.  [APPLICATION.] The authority of the 
  7.26  commissioner under sections 16B.40 to 16B.42, 16B.44, and 16B.45 
  7.27  applies to ESV-IS and to SDE-IS and computer-related services 
  7.28  provided to the department of children, families, and learning 
  7.29  by the department of administration's information services 
  7.30  bureau.  For purposes of this section, "ESV-IS" and "SDE-IS" 
  7.31  have the meanings given them in Minnesota Statutes 1994, section 
  7.32  121.93.  
  7.33     Sec. 11.  Minnesota Statutes 1995 Supplement, section 
  7.34  43A.191, subdivision 3, is amended to read: 
  7.35     Subd. 3.  [AUDITS; SANCTIONS AND INCENTIVES.] (a) The 
  7.36  commissioner shall annually audit the record of each agency to 
  8.1   determine the rate of compliance with affirmative action 
  8.2   requirements. 
  8.3      (b) By March 1 of each odd-numbered year, the commissioner 
  8.4   shall submit a report on affirmative action progress of each 
  8.5   agency and the state as a whole to the governor and to the 
  8.6   finance committee of the senate, the appropriations ways and 
  8.7   means committee of the house of representatives, the 
  8.8   governmental operations committees of both houses of the 
  8.9   legislature, and the legislative commission on employee 
  8.10  relations.  The report must include noncompetitive appointments 
  8.11  made under section 43A.08, subdivision 2a, or 43A.15, 
  8.12  subdivisions 3 to 13, and cover each agency's rate of compliance 
  8.13  with affirmative action requirements. 
  8.14     (c) An agency that does not meet its hiring goals must 
  8.15  justify its nonaffirmative action hires in competitive and 
  8.16  noncompetitive appointments according to criteria issued by the 
  8.17  department of employee relations.  "Missed opportunity" includes 
  8.18  failure to justify a nonaffirmative action hire.  An agency must 
  8.19  have 25 percent or less missed opportunities in competitive 
  8.20  appointments and 25 percent or less missed opportunities in 
  8.21  appointments made under sections 43A.08, subdivisions 1, clauses 
  8.22  (9), (11), and (16); and 2a; and 43A.15, subdivisions 3, 10, 12, 
  8.23  and 13.  In addition, an agency shall: 
  8.24     (1) demonstrate a good faith effort to recruit protected 
  8.25  group members by following an active recruitment plan; 
  8.26     (2) implement a coordinated retention plan; and 
  8.27     (3) have an established complaint resolution procedure. 
  8.28     (d) The commissioner shall develop reporting standards and 
  8.29  procedures for measuring compliance. 
  8.30     (e) An agency is encouraged to develop other innovative 
  8.31  ways to promote awareness, acceptance, and appreciation for 
  8.32  diversity and affirmative action.  These innovations will be 
  8.33  considered when evaluating an agency's compliance with this 
  8.34  section. 
  8.35     (f) An agency not in compliance with affirmative action 
  8.36  requirements of this section must identify methods and programs 
  9.1   to improve performance, to reallocate resources internally in 
  9.2   order to increase support for affirmative action programs, and 
  9.3   to submit program and resource reallocation proposals to the 
  9.4   commissioner for approval.  An agency must submit these 
  9.5   proposals within 120 days of being notified by the commissioner 
  9.6   that it is out of compliance with affirmative action 
  9.7   requirements.  The commissioner shall monitor quarterly the 
  9.8   affirmative action programs of an agency found to be out of 
  9.9   compliance. 
  9.10     (g) The commissioner shall establish a program to recognize 
  9.11  an agency that has made significant and measurable progress in 
  9.12  implementing an affirmative action plan. 
  9.13     Sec. 12.  Minnesota Statutes 1995 Supplement, section 
  9.14  43A.24, subdivision 2, is amended to read: 
  9.15     Subd. 2.  [OTHER ELIGIBLE PERSONS.] The following persons 
  9.16  are eligible for state paid life insurance and hospital, 
  9.17  medical, and dental benefits as determined in applicable 
  9.18  collective bargaining agreements or by the commissioner or by 
  9.19  plans pursuant to section 43A.18, subdivision 6, or by the board 
  9.20  of regents for employees of the University of Minnesota not 
  9.21  covered by collective bargaining agreements.  Coverages made 
  9.22  available, including optional coverages, are as contained in the 
  9.23  plan established pursuant to section 43A.18, subdivision 2: 
  9.24     (a) a member of the state legislature, provided that 
  9.25  changes in benefits resulting in increased costs to the state 
  9.26  shall not be effective until expiration of the term of the 
  9.27  members of the existing house of representatives.  An eligible 
  9.28  member of the state legislature may decline to be enrolled for 
  9.29  state paid coverages by filing a written waiver with the 
  9.30  commissioner.  The waiver shall not prohibit the member from 
  9.31  enrolling the member or dependents for optional coverages, 
  9.32  without cost to the state, as provided for in section 43A.26.  A 
  9.33  member of the state legislature who returns from a leave of 
  9.34  absence to a position previously occupied in the civil service 
  9.35  shall be eligible to receive the life insurance and hospital, 
  9.36  medical, and dental benefits to which the position is entitled; 
 10.1      (b) a permanent employee of the legislature or a permanent 
 10.2   employee of a permanent study or interim committee or commission 
 10.3   or a state employee on leave of absence to work for the 
 10.4   legislature, during a regular or special legislative session; 
 10.5      (c) a judge of the appellate courts or an officer or 
 10.6   employee of these courts; a judge of the district court, a judge 
 10.7   of county court, a judge of county municipal court, or a judge 
 10.8   of probate court; a district court referee, judicial officer, 
 10.9   court reporter, or law clerk; a district administrator; an 
 10.10  employee of the office of the district administrator that is not 
 10.11  in the second or fourth judicial district; a court administrator 
 10.12  or employee of the court administrator in the eighth judicial 
 10.13  district, and a guardian ad litem program administrator in the 
 10.14  eighth judicial district; 
 10.15     (d) a salaried employee of the public employees retirement 
 10.16  association; 
 10.17     (e) a full-time military or civilian officer or employee in 
 10.18  the unclassified service of the department of military affairs 
 10.19  whose salary is paid from state funds; 
 10.20     (f) a salaried employee of the Minnesota historical 
 10.21  society, whether paid from state funds or otherwise, who is not 
 10.22  a member of the governing board; 
 10.23     (g) an employee of the regents of the University of 
 10.24  Minnesota; 
 10.25     (h) notwithstanding section 43A.27, subdivision 3, an 
 10.26  employee of the state of Minnesota or the regents of the 
 10.27  University of Minnesota who is at least 60 and not yet 65 years 
 10.28  of age on July 1, 1982, who is otherwise eligible for employee 
 10.29  and dependent insurance and benefits pursuant to section 43A.18 
 10.30  or other law, who has at least 20 years of service and retires, 
 10.31  earlier than required, within 60 days of March 23, 1982; or an 
 10.32  employee who is at least 60 and not yet 65 years of age on July 
 10.33  1, 1982, who has at least 20 years of state service and retires, 
 10.34  earlier than required, from employment at Rochester state 
 10.35  hospital after July 1, 1981; or an employee who is at least 55 
 10.36  and not yet 65 years of age on July 1, 1982, and is covered by 
 11.1   the Minnesota state retirement system correctional employee 
 11.2   retirement plan or the state patrol retirement fund, who has at 
 11.3   least 20 years of state service and retires, earlier than 
 11.4   required, within 60 days of March 23, 1982.  For purposes of 
 11.5   this clause, a person retires when the person terminates active 
 11.6   employment in state or University of Minnesota service and 
 11.7   applies for a retirement annuity.  Eligibility shall cease when 
 11.8   the retired employee attains the age of 65, or when the employee 
 11.9   chooses not to receive the annuity that the employee has applied 
 11.10  for.  The retired employee shall be eligible for coverages to 
 11.11  which the employee was entitled at the time of retirement, 
 11.12  subject to any changes in coverage through collective bargaining 
 11.13  or plans established pursuant to section 43A.18, for employees 
 11.14  in positions equivalent to that from which retired, provided 
 11.15  that the retired employee shall not be eligible for state-paid 
 11.16  life insurance.  Coverages shall be coordinated with relevant 
 11.17  health insurance benefits provided through the federally 
 11.18  sponsored Medicare program; 
 11.19     (i) an employee of an agency of the state of Minnesota 
 11.20  identified through the process provided in this paragraph who is 
 11.21  eligible to retire prior to age 65.  The commissioner and the 
 11.22  exclusive representative of state employees shall enter into 
 11.23  agreements under section 179A.22 to identify employees whose 
 11.24  positions are in programs that are being permanently eliminated 
 11.25  or reduced due to federal or state policies or practices.  
 11.26  Failure to reach agreement identifying these employees is not 
 11.27  subject to impasse procedures provided in chapter 179A.  The 
 11.28  commissioner must prepare a plan identifying eligible employees 
 11.29  not covered by a collective bargaining agreement in accordance 
 11.30  with the process outlined in section 43A.18, subdivisions 2 and 
 11.31  3.  For purposes of this paragraph, a person retires when the 
 11.32  person terminates active employment in state service and applies 
 11.33  for a retirement annuity.  Eligibility ends as provided in the 
 11.34  agreement or plan, but must cease at the end of the month in 
 11.35  which the retired employee chooses not to receive an annuity, or 
 11.36  the employee is eligible for employer-paid health insurance from 
 12.1   a new employer.  The retired employees shall be eligible for 
 12.2   coverages to which they were entitled at the time of retirement, 
 12.3   subject to any changes in coverage through collective bargaining 
 12.4   or plans established under section 43A.18 for employees in 
 12.5   positions equivalent to that from which they retired, provided 
 12.6   that the retired employees shall not be eligible for state-paid 
 12.7   life insurance; 
 12.8      (j) employees of the state public defender's office, and 
 12.9   district public defenders and their employees other than in the 
 12.10  second and fourth judicial districts, with eligibility 
 12.11  determined by the state board of public defense in consultation 
 12.12  with the commissioner of employee relations; and 
 12.13     (k) employees of the health data institute under section 
 12.14  62J.45, subdivision 8 62J.451, subdivision 12, as paid for by 
 12.15  the health data institute. 
 12.16     Sec. 13.  Minnesota Statutes 1994, section 44A.0311, is 
 12.17  amended to read: 
 12.18     44A.0311 [WORLD TRADE CENTER CORPORATION ACCOUNT.] 
 12.19     The world trade center corporation account is in the 
 12.20  special revenue fund.  All money received by the corporation, 
 12.21  including money generated from the use of the conference and 
 12.22  service center, must be deposited in the account.  Money in the 
 12.23  account including interest earned is appropriated to the board 
 12.24  and must be used exclusively for corporation purposes.  Any 
 12.25  money remaining in the account after sale of the assets or 
 12.26  ownership of the corporation under Minnesota Statutes 1992, 
 12.27  section 44A.12, shall revert to the general fund. 
 12.28     Sec. 14.  Minnesota Statutes 1995 Supplement, section 
 12.29  47.60, subdivision 4, is amended to read: 
 12.30     Subd. 4.  [BOOKS OF ACCOUNT; ANNUAL REPORT; SCHEDULE OF 
 12.31  CHARGES; DISCLOSURES.] (a) A lender filing under subdivision 3 
 12.32  shall keep and use in the business books, accounts, and records 
 12.33  as will enable the commissioner to determine whether the filer 
 12.34  is complying with this section. 
 12.35     (b) A lender filing under subdivision 3 shall annually on 
 12.36  or before March 15 file a report to the commissioner giving the 
 13.1   information the commissioner reasonably requires concerning the 
 13.2   business and operations during the preceding calendar year.  
 13.3      (c) A lender filing under subdivision 3 shall display 
 13.4   prominently in each place of business a full and accurate 
 13.5   schedule, to be approved by the commissioner, of the charges to 
 13.6   be made and the method of computing those charges;.  A lender 
 13.7   shall furnish a copy of the contract of loan to a person 
 13.8   obligated on it or who may become obligated on it at any time 
 13.9   upon the request of that person.  This is in addition to any 
 13.10  disclosures required by the federal Truth in Lending Act, United 
 13.11  States Code, title 15.  
 13.12     (d) A lender filing under subdivision 3 shall, upon 
 13.13  repayment of the loan in full, mark indelibly every obligation 
 13.14  signed by the borrower with the word "Paid" or "Canceled" within 
 13.15  20 days after repayment.  
 13.16     (e) A lender filing under subdivision 3 shall display 
 13.17  prominently, in each licensed place of business, a full and 
 13.18  accurate statement of the charges to be made for loans made 
 13.19  under this section.  The statement of charges must be displayed 
 13.20  in a notice, on plastic or other durable material measuring at 
 13.21  least 12 inches by 18 inches, headed "CONSUMER NOTICE REQUIRED 
 13.22  BY THE STATE OF MINNESOTA."  The notice shall include, 
 13.23  immediately above the statement of charges, the following 
 13.24  sentence, or a substantially similar sentence approved by the 
 13.25  commissioner:  "These loan charges are higher than otherwise 
 13.26  permitted under Minnesota law.  Minnesota law permits these 
 13.27  higher charges only because short-term small loans might 
 13.28  otherwise not be available to consumers.  If you have another 
 13.29  source of a loan, you may be able to benefit from a lower 
 13.30  interest rate and other loan charges."  The notice must not 
 13.31  contain any other statement or information, unless the 
 13.32  commissioner has determined that the additional statement or 
 13.33  information is necessary to prevent confusion or inaccuracy.  
 13.34  The notice must be designed with a type size that is large 
 13.35  enough to be readily noticeable and legible.  The form of the 
 13.36  notice must be approved by the commissioner prior to its use. 
 14.1      Sec. 15.  Minnesota Statutes 1994, section 48.301, is 
 14.2   amended to read: 
 14.3      48.301 [MULTIPARTY ACCOUNTS.] 
 14.4      When any deposit is made in the names of two or more 
 14.5   persons jointly, or by any person payable on death (P.O.D.) to 
 14.6   another, or by any person in trust for another, the rights of 
 14.7   the parties and the financial institution are determined by 
 14.8   chapter 528 524.  
 14.9      Sec. 16.  Minnesota Statutes 1994, section 60B.39, 
 14.10  subdivision 5, is amended to read: 
 14.11     Subd. 5.  [CLAIM BY RATING BUREAU.] The rating bureau in 
 14.12  carrying out its responsibilities under sections 79.28 to 79.32, 
 14.13  may file a claim with the liquidator for all sums paid or to be 
 14.14  paid by it.  
 14.15     Sec. 17.  Minnesota Statutes 1995 Supplement, section 
 14.16  62A.307, subdivision 2, is amended to read: 
 14.17     Subd. 2.  [REQUIREMENT.] Coverage described in subdivision 
 14.18  1 that covers prescription drugs must provide the same coverage 
 14.19  for a prescription written by a health care provider authorized 
 14.20  to prescribe the particular drug covered by the health coverage 
 14.21  described in subdivision 1, regardless of the type of health 
 14.22  care provider that wrote the prescription.  This section is 
 14.23  intended to prohibit denial of coverage based on the 
 14.24  prescription having been written by an advanced practice nurse 
 14.25  under section 148.235, a physician assistant under section 
 14.26  147.34 147A.18, or any other nonphysician health care provider 
 14.27  authorized to prescribe the particular drug. 
 14.28     Sec. 18.  Minnesota Statutes 1994, section 62D.02, 
 14.29  subdivision 4, is amended to read: 
 14.30     Subd. 4.  (a) "Health maintenance organization" means a 
 14.31  nonprofit corporation organized under chapter 317A, or a local 
 14.32  governmental unit as defined in subdivision 11, controlled and 
 14.33  operated as provided in sections 62D.01 to 62D.30, which 
 14.34  provides, either directly or through arrangements with providers 
 14.35  or other persons, comprehensive health maintenance services, or 
 14.36  arranges for the provision of these services, to enrollees on 
 15.1   the basis of a fixed prepaid sum without regard to the frequency 
 15.2   or extent of services furnished to any particular enrollee.  
 15.3      (b) Notwithstanding paragraph (a), an organization licensed 
 15.4   as a health maintenance organization that accepts payments for 
 15.5   health care services on a capitated basis, or under another 
 15.6   similar risk sharing agreement, from a program of self-insurance 
 15.7   as described in section 60A.02, subdivision 3, paragraph (b), 
 15.8   shall not be regulated as a health maintenance organization with 
 15.9   respect to the receipt of the payments.  The payments are not 
 15.10  premium revenues for the purpose of calculating the health 
 15.11  maintenance organization's liability for otherwise applicable 
 15.12  state taxes, assessments, or surcharges, with the exception of: 
 15.13     (1) the MinnesotaCare provider tax; 
 15.14     (2) the one percent premium tax imposed in section 60A.15, 
 15.15  subdivision 1, paragraph (d) (e); and 
 15.16     (3) effective July 1, 1995, assessments by the Minnesota 
 15.17  comprehensive health association. 
 15.18  This paragraph applies only where: 
 15.19     (1) the health maintenance organization does not bear risk 
 15.20  in excess of 110 percent of the self-insurance program's 
 15.21  expected costs; 
 15.22     (2) the employer does not carry stop loss, excess loss, or 
 15.23  similar coverage with an attachment point lower than 120 percent 
 15.24  of the self-insurance program's expected costs; 
 15.25     (3) the health maintenance organization and the employer 
 15.26  comply with the data submission and administrative 
 15.27  simplification provisions of chapter 62J; 
 15.28     (4) the health maintenance organization and the employer 
 15.29  comply with the provider tax pass-through provisions of section 
 15.30  295.582; 
 15.31     (5) the health maintenance organization's required minimum 
 15.32  reserves reflect the risk borne by the health maintenance 
 15.33  organization under this paragraph, with an appropriate 
 15.34  adjustment for the 110 percent limit on risk borne by the 
 15.35  community network; 
 15.36     (6) on or after July 1, 1994, but prior to January 1, 1995, 
 16.1   the employer has at least 1,500 current employees, as defined in 
 16.2   section 62L.02, or, on or after January 1, 1995, the employer 
 16.3   has at least 750 current employees, as defined in section 
 16.4   62L.02; 
 16.5      (7) the employer does not exclude any eligible employees or 
 16.6   their dependents, both as defined in section 62L.02, from 
 16.7   coverage offered by the employer, under this paragraph or any 
 16.8   other health coverage, insured or self-insured, offered by the 
 16.9   employer, on the basis of the health status or health history of 
 16.10  the person.  
 16.11     This paragraph expires December 31, 1997. 
 16.12     Sec. 19.  Minnesota Statutes 1994, section 62D.12, 
 16.13  subdivision 12, is amended to read: 
 16.14     Subd. 12.  No health maintenance contract issued or renewed 
 16.15  on or after July 1, 1980 shall contain any provision denying or 
 16.16  reducing benefits because services are rendered to an insured or 
 16.17  dependent who is eligible for or receiving medical assistance 
 16.18  pursuant to chapter 256B or services pursuant to section 252.27; 
 16.19  260.251, subdivision 1a; 261.27; or 393.07, subdivision 1 or 2.  
 16.20     Sec. 20.  Minnesota Statutes 1994, section 62D.12, 
 16.21  subdivision 13, is amended to read: 
 16.22     Subd. 13.  No health maintenance organization offering an 
 16.23  individual or group health maintenance contract shall refuse to 
 16.24  provide or renew the coverage because the applicant or enrollee 
 16.25  has an option to elect workers' compensation coverage pursuant 
 16.26  to section 176.012 176.041.  
 16.27     Sec. 21.  Minnesota Statutes 1994, section 62E.04, 
 16.28  subdivision 8, is amended to read: 
 16.29     Subd. 8.  [REDUCTION OF BENEFITS BECAUSE OF OTHER 
 16.30  SERVICES.] No policy of accident and health insurance shall 
 16.31  contain any provision denying or reducing benefits because 
 16.32  services are rendered to an insured or dependent who is eligible 
 16.33  for or receiving benefits pursuant to chapters 256B and 256D, or 
 16.34  sections 62E.51 to 62E.55 or 252.27; 260.251, subdivision 1a; 
 16.35  261.27; 393.07, subdivision 1 or 2. 
 16.36     Sec. 22.  Minnesota Statutes 1994, section 62I.22, 
 17.1   subdivision 6, is amended to read: 
 17.2      Subd. 6.  [CASE PRESENTATION.] The department of commerce, 
 17.3   upon request by small businesses as defined by section 14.115, 
 17.4   subdivision 1, shall assist small businesses in any specific 
 17.5   class requesting continuation of coverage beyond the 180-day 
 17.6   period, in coordinating the class and presenting the case in the 
 17.7   contested hearing. 
 17.8      For purposes of this subdivision, "small business" means a 
 17.9   business entity, including farming and other agricultural 
 17.10  operations and its affiliates, that (1) is independently owned 
 17.11  and operated; (2) is not dominant in its field; and (3) employs 
 17.12  fewer than 50 full-time employees or has gross annual sales of 
 17.13  less than $4,000,000. 
 17.14     Sec. 23.  Minnesota Statutes 1995 Supplement, section 
 17.15  62L.045, subdivision 1, is amended to read: 
 17.16     Subdivision 1.  [DEFINITIONS.] For purposes of this 
 17.17  section, the following terms have the meanings given: 
 17.18     (a) "Association" means: 
 17.19     (1) an association as defined in section 60A.02; 
 17.20     (2) a group or organization of political subdivisions; 
 17.21     (3) an educational cooperative a service unit cooperative 
 17.22  created under section 123.58 123.582; or 
 17.23     (4) a joint self-insurance pool authorized under section 
 17.24  471.617, subdivision 2. 
 17.25     (b) "Qualified association" means an association, as 
 17.26  defined in this subdivision, that: 
 17.27     (1) is registered with the commissioner of commerce; 
 17.28     (2) provides health plan coverage through a health carrier 
 17.29  that participates in the small employer market in this state, 
 17.30  other than through associations; 
 17.31     (3) has and adheres to membership and participation 
 17.32  criteria and health plan eligibility criteria that are not 
 17.33  designed to disproportionately include or attract small 
 17.34  employers that are likely to have low costs of health coverage 
 17.35  or to disproportionately exclude or repel small employers that 
 17.36  are likely to have high costs of health coverage; and 
 18.1      (4) permits any small employer that meets its membership, 
 18.2   participation, and eligibility criteria to become a member and 
 18.3   to obtain health plan coverage through the association.  
 18.4      Sec. 24.  Minnesota Statutes 1995 Supplement, section 
 18.5   62M.09, subdivision 5, is amended to read: 
 18.6      Subd. 5.  [WRITTEN CLINICAL CRITERIA.] A utilization review 
 18.7   organization's decisions must be supported by written clinical 
 18.8   criteria and review procedures in compliance with section 
 18.9   62M.07, paragraph (c).  Clinical criteria and review procedures 
 18.10  must be established with appropriate involvement from actively 
 18.11  practicing physicians.  A utilization review organization must 
 18.12  use written clinical criteria, as required, for determining the 
 18.13  appropriateness of the certification request.  The utilization 
 18.14  review organization must have a procedure for ensuring, at a 
 18.15  minimum, the annual evaluation and updating of the written 
 18.16  criteria based on sound clinical principles. 
 18.17     Sec. 25.  Minnesota Statutes 1995 Supplement, section 
 18.18  72C.03, is amended to read: 
 18.19     72C.03 [SCOPE.] 
 18.20     Except as otherwise specifically provided, sections 72C.01 
 18.21  to 72C.13 shall apply to all policies or contracts of direct 
 18.22  insurance, issued by persons authorized at any time to transact 
 18.23  insurance in this state and including nonprofit health service 
 18.24  plan corporations under chapter 62C, health maintenance 
 18.25  organizations under chapter 62D, and fraternal benefit societies 
 18.26  under chapter 64B.  Sections 72C.01 to 72C.13 shall not apply to 
 18.27  insurance as described in section 60A.20, subdivision 17, 
 18.28  clauses (2) and (3), and the master contract for any policy of 
 18.29  group insurance when the group consists of ten or more persons.  
 18.30  Sections 72C.01 to 72C.13 shall not apply to policies or 
 18.31  contracts issued prior to July 1, 1980 under which there is no 
 18.32  unilateral right of the insurer to cancel, nonrenew, amend or 
 18.33  change in any way, unless the policy or contract is amended or 
 18.34  changed by mutual agreement of the parties.  Sections 72C.01 to 
 18.35  72C.13 shall not apply to an insurance policy or contract which 
 18.36  is a security subject to federal jurisdiction, nor shall they 
 19.1   apply to a new policy or contract written in language other than 
 19.2   English. 
 19.3      Sec. 26.  Minnesota Statutes 1995 Supplement, section 
 19.4   79A.31, subdivision 1, is amended to read: 
 19.5      Subdivision 1.  [WITHDRAWAL.] Any group self-insurer that 
 19.6   is a member as of August 1, 1995, of the self-insurers' security 
 19.7   fund established under section 79A.09, may until January 1, 
 19.8   1996, elect to withdraw from that fund and become a member of 
 19.9   the commercial self-insurance group security fund established 
 19.10  under section 79A.26.  The transferring group shall be subject 
 19.11  to the provisions and requirements of sections 79A.19 to 79A.34 
 19.12  79A.32 as of the date of transfer.  Additional security may be 
 19.13  required pursuant to section 79A.24.  Group self-insurers 
 19.14  electing to transfer to the commercial self-insurance group fund 
 19.15  shall not be subject to the provisions of section 79A.06, 
 19.16  subdivision 5, including, but not limited to, assessments by the 
 19.17  self-insurers' security fund. 
 19.18     Sec. 27.  Minnesota Statutes 1995 Supplement, section 
 19.19  103B.231, subdivision 3, is amended to read: 
 19.20     Subd. 3.  [RESPONSIBLE UNITS.] (a) Where a watershed 
 19.21  management organization exists, the plan for the watershed must 
 19.22  be prepared and adopted by the organization.  
 19.23     (b) If a watershed management organization located wholly 
 19.24  outside of Hennepin and Ramsey counties, is terminated, or the 
 19.25  board of water and soil resources determines a plan is not being 
 19.26  implemented in accordance with its rules, the county or counties 
 19.27  containing the watershed unit shall prepare, adopt, and 
 19.28  implement the watershed plan and for this purpose the county or 
 19.29  counties have the planning, review, permitting, and financing 
 19.30  authority of a watershed management organization specified in 
 19.31  sections 103B.211 to 103B.255.  
 19.32     (c) If a watershed management organization within the 
 19.33  metropolitan area and wholly or partly within Hennepin or Ramsey 
 19.34  counties is terminated or the board of water and soil resources 
 19.35  determines a plan is not being implemented, the county or 
 19.36  counties shall petition for the establishment of a watershed 
 20.1   district under chapter 103D., provided that a district 
 20.2   established pursuant to a petition: 
 20.3      (1) may not cross a primary river or a river forming the 
 20.4   boundary between a metropolitan county and a county outside the 
 20.5   metropolitan area; and 
 20.6      (2) may not cross county boundaries to include territory 
 20.7   whose distinguishing characteristic is multiple drainage points 
 20.8   into a primary river.  
 20.9      (d) A watershed management organization may request a 
 20.10  county to prepare all or part of a plan.  
 20.11     (e) A county may delegate the preparation of all or part of 
 20.12  a plan to the county soil and water conservation district.  
 20.13     (f) Upon request of a statutory or home rule charter city 
 20.14  or town, a county may delegate the preparation of all or part of 
 20.15  a plan to the city or town.  
 20.16     (g) If the board of water and soil resources determines 
 20.17  that a watershed management organization or county has not 
 20.18  developed a draft plan, is not implementing the plan, has not 
 20.19  delegated implementation of the plan, and has not petitioned for 
 20.20  the creation of a watershed district: 
 20.21     (1) state agencies may withhold from local government units 
 20.22  state funding for water programs for projects within the 
 20.23  watershed; 
 20.24     (2) state agencies may withhold from local government units 
 20.25  delegation of state water resource regulatory authority within 
 20.26  the watershed; 
 20.27     (3) state agencies may suspend issuance of water-related 
 20.28  permits within the watershed; and 
 20.29     (4) the board may request state agencies to withhold 
 20.30  portions of state aid funding used for the installation of curb 
 20.31  and gutter and other drainage facilities of public 
 20.32  transportation projects within the watershed.  
 20.33     The provisions of this paragraph apply until the board of 
 20.34  water and soil resources determines that a plan is being 
 20.35  implemented in accordance with its rules. 
 20.36     (h) Appeals from the board of water and soil resources 
 21.1   determination are made in the same manner as appeals under 
 21.2   section 103B.345, subdivision 5. 
 21.3      Sec. 28.  Minnesota Statutes 1995 Supplement, section 
 21.4   116.07, subdivision 4d, is amended to read: 
 21.5      Subd. 4d.  [PERMIT FEES.] (a) The agency may collect permit 
 21.6   fees in amounts not greater than those necessary to cover the 
 21.7   reasonable costs of reviewing and acting upon applications for 
 21.8   agency permits and implementing and enforcing the conditions of 
 21.9   the permits pursuant to agency rules.  Permit fees shall not 
 21.10  include the costs of litigation.  The agency shall adopt rules 
 21.11  under section 16A.1285 establishing a system for charging permit 
 21.12  fees collected under this subdivision.  The fee schedule must 
 21.13  reflect reasonable and routine permitting, implementation, and 
 21.14  enforcement costs.  The agency may impose an additional 
 21.15  enforcement fee to be collected for a period of up to two years 
 21.16  to cover the reasonable costs of implementing and enforcing the 
 21.17  conditions of a permit under the rules of the agency.  Any money 
 21.18  collected under this paragraph shall be deposited in the special 
 21.19  revenue account. 
 21.20     (b) Notwithstanding paragraph (a), and section 16A.1285, 
 21.21  subdivision 2, the agency shall collect an annual fee from the 
 21.22  owner or operator of all stationary sources, emission 
 21.23  facilities, emissions units, air contaminant treatment 
 21.24  facilities, treatment facilities, potential air contaminant 
 21.25  storage facilities, or storage facilities subject to the 
 21.26  requirement to obtain a permit under subchapter V of the federal 
 21.27  Clean Air Act, United States Code, title 42, section 7401 et 
 21.28  seq., or section 116.081.  The annual fee shall be used to pay 
 21.29  for all direct and indirect reasonable costs, including attorney 
 21.30  general costs, required to develop and administer the permit 
 21.31  program requirements of subchapter V of the federal Clean Air 
 21.32  Act, United States Code, title 42, section 7401 et seq., and 
 21.33  sections of this chapter and the rules adopted under this 
 21.34  chapter related to air contamination and noise.  Those costs 
 21.35  include the reasonable costs of reviewing and acting upon an 
 21.36  application for a permit; implementing and enforcing statutes, 
 22.1   rules, and the terms and conditions of a permit; emissions, 
 22.2   ambient, and deposition monitoring; preparing generally 
 22.3   applicable regulations; responding to federal guidance; 
 22.4   modeling, analyses, and demonstrations; preparing inventories 
 22.5   and tracking emissions; and providing information to the public 
 22.6   about these activities. 
 22.7      (c) The agency shall adopt fee rules in accordance with the 
 22.8   procedures in section 16A.1285, subdivision 5, that will result 
 22.9   in the collection, in the aggregate, from the sources listed in 
 22.10  paragraph (b), of the following amounts: 
 22.11     (1) an amount not less than $25 per ton of each volatile 
 22.12  organic compound; pollutant regulated under United States Code, 
 22.13  title 42, section 7411 or 7412 (section 111 or 112 of the 
 22.14  federal Clean Air Act); and each pollutant, except carbon 
 22.15  monoxide, for which a national primary ambient air quality 
 22.16  standard has been promulgated; and 
 22.17     (2) the agency fee rules may also result in the collection, 
 22.18  in the aggregate, from the sources listed in paragraph (b), of 
 22.19  an amount not less than $25 per ton of each pollutant not listed 
 22.20  in clause (1) that is regulated under this chapter or air 
 22.21  quality rules adopted under this chapter.  
 22.22  The agency must not include in the calculation of the aggregate 
 22.23  amount to be collected under the fee rules any amount in excess 
 22.24  of 4,000 tons per year of each air pollutant from a source. 
 22.25     (d) To cover the reasonable costs described in paragraph 
 22.26  (b), the agency shall provide in the rules promulgated under 
 22.27  paragraph (c) for an increase in the fee collected in each year 
 22.28  by the percentage, if any, by which the Consumer Price Index for 
 22.29  the most recent calendar year ending before the beginning of the 
 22.30  year the fee is collected exceeds the Consumer Price Index for 
 22.31  the calendar year 1989.  For purposes of this paragraph the 
 22.32  Consumer Price Index for any calendar year is the average of the 
 22.33  Consumer Price Index for all-urban consumers published by the 
 22.34  United States Department of Labor, as of the close of the 
 22.35  12-month period ending on August 31 of each calendar year.  The 
 22.36  revision of the Consumer Price Index that is most consistent 
 23.1   with the Consumer Price Index for calendar year 1989 shall be 
 23.2   used. 
 23.3      (e) Any money collected under paragraphs (b) to (d) must be 
 23.4   deposited in an air quality account in the environmental fund 
 23.5   and must be used solely for the activities listed in paragraph 
 23.6   (b).  
 23.7      (f) Persons who wish to construct or expand an air emission 
 23.8   facility may offer to reimburse the agency for the costs of 
 23.9   staff overtime or consultant services needed to expedite permit 
 23.10  review.  The reimbursement shall be in addition to fees imposed 
 23.11  by paragraphs (a) to (d).  When the agency determines that it 
 23.12  needs additional resources to review the permit application in 
 23.13  an expedited manner, and that expediting the review would not 
 23.14  disrupt air permitting program priorities, the agency may accept 
 23.15  the reimbursement.  Reimbursements accepted by the agency are 
 23.16  appropriated to the agency for the purpose of reviewing the 
 23.17  permit application.  Reimbursement by a permit applicant shall 
 23.18  precede and not be contingent upon issuance of a permit and 
 23.19  shall not affect the agency's decision on whether to issue or 
 23.20  deny a permit, what conditions are included in a permit, or the 
 23.21  application of state and federal statutes and rules governing 
 23.22  permit determinations. 
 23.23     Sec. 29.  Minnesota Statutes 1994, section 116J.68, 
 23.24  subdivision 2, is amended to read: 
 23.25     Subd. 2.  The bureau shall:  
 23.26     (a) provide information and assistance with respect to all 
 23.27  aspects of business planning and business management related to 
 23.28  the start-up, operation, or expansion of a small business in 
 23.29  Minnesota; 
 23.30     (b) refer persons interested in the start-up, operation, or 
 23.31  expansion of a small business in Minnesota to assistance 
 23.32  programs sponsored by federal agencies, state agencies, 
 23.33  educational institutions, chambers of commerce, civic 
 23.34  organizations, community development groups, private industry 
 23.35  associations, and other organizations or to the business 
 23.36  assistance referral system established by the Minnesota Project 
 24.1   Outreach Corporation; 
 24.2      (c) plan, develop, and implement a master file of 
 24.3   information on small business assistance programs of federal, 
 24.4   state, and local governments, and other public and private 
 24.5   organizations so as to provide comprehensive, timely information 
 24.6   to the bureau's clients; 
 24.7      (d) employ staff with adequate and appropriate skills and 
 24.8   education and training for the delivery of information and 
 24.9   assistance; 
 24.10     (e) seek out and utilize, to the extent practicable, 
 24.11  contributed expertise and services of federal, state, and local 
 24.12  governments, educational institutions, and other public and 
 24.13  private organizations; 
 24.14     (f) maintain a close and continued relationship with the 
 24.15  director of the procurement program within the department of 
 24.16  administration so as to facilitate the department's duties and 
 24.17  responsibilities under sections 16B.19 to 16B.22 relating to the 
 24.18  small targeted group business and economically disadvantaged 
 24.19  business program of the state; 
 24.20     (g) develop an information system which will enable the 
 24.21  commissioner and other state agencies to efficiently store, 
 24.22  retrieve, analyze, and exchange data regarding small business 
 24.23  development and growth in the state.  All executive branch 
 24.24  agencies of state government and the secretary of state shall to 
 24.25  the extent practicable, assist the bureau in the development and 
 24.26  implementation of the information system; 
 24.27     (h) establish and maintain a toll free telephone number so 
 24.28  that all small business persons anywhere in the state can call 
 24.29  the bureau office for assistance.  An outreach program shall be 
 24.30  established to make the existence of the bureau well known to 
 24.31  its potential clientele throughout the state.  If the small 
 24.32  business person requires a referral to another provider the 
 24.33  bureau may use the business assistance referral system 
 24.34  established by the Minnesota Project Outreach Corporation; 
 24.35     (i) conduct research and provide data as required by the 
 24.36  state legislature; 
 25.1      (j) develop and publish material on all aspects of the 
 25.2   start-up, operation, or expansion of a small business in 
 25.3   Minnesota; 
 25.4      (k) collect and disseminate information on state 
 25.5   procurement opportunities, including information on the 
 25.6   procurement process; 
 25.7      (l) develop a public awareness program through the use of 
 25.8   newsletters, personal contacts, and electronic and print news 
 25.9   media advertising about state assistance programs for small 
 25.10  businesses, including those programs specifically for socially 
 25.11  disadvantaged small business persons; 
 25.12     (m) publicize to small businesses section 14.115 which 
 25.13  requires consideration of small business issues in state agency 
 25.14  rulemaking; 
 25.15     (n) enter into agreements with the federal government and 
 25.16  other public and private entities to serve as the statewide 
 25.17  coordinator or host agency for the federal small business 
 25.18  development center program under United States Code, title 15, 
 25.19  section 648; and 
 25.20     (o) (n) assist providers in the evaluation of their 
 25.21  programs and the assessment of their service area needs.  The 
 25.22  bureau may establish model evaluation techniques and performance 
 25.23  standards for providers to use. 
 25.24     Sec. 30.  Minnesota Statutes 1995 Supplement, section 
 25.25  121.703, subdivision 2, is amended to read: 
 25.26     Subd. 2.  [MEMBERSHIP.] (a) The commission consists of 18 
 25.27  voting members.  Voting members shall include the commissioner 
 25.28  of children, families, and learning, a representative of the 
 25.29  children's cabinet elected by the members of the children's 
 25.30  cabinet, and the executive director of the higher education 
 25.31  services office. 
 25.32     (b) The governor shall appoint 15 additional voting members.
 25.33  Eight of the voting members appointed by the governor shall 
 25.34  include a representative of public or nonprofit organizations 
 25.35  experienced in youth employment and training, organizations 
 25.36  promoting adult service and volunteerism, community-based 
 26.1   service agencies or organizations, local public or private 
 26.2   sector labor unions, local governments, business, a national 
 26.3   service program, and Indian tribes.  The remaining seven voting 
 26.4   members appointed by the governor shall include an individual 
 26.5   with expertise in the educational, training, and development 
 26.6   needs of youth, particularly disadvantaged youth; a youth or 
 26.7   young adult who is a participant in a higher education-based 
 26.8   service-learning program; a disabled individual representing 
 26.9   persons with disabilities; a youth who is out-of-school or 
 26.10  disadvantaged; an educator of primary or secondary students; an 
 26.11  educator from a higher education institution; and an individual 
 26.12  between the ages of 16 and 25 who is a participant or supervisor 
 26.13  in a youth service program. 
 26.14     (c) The governor shall appoint up to five ex officio 
 26.15  nonvoting members from among the following agencies or 
 26.16  organizations:  the departments of economic security, natural 
 26.17  resources, human services, health, corrections, agriculture, 
 26.18  public safety, finance, and labor and industry, the Minnesota 
 26.19  office of citizenship and volunteer services, the housing 
 26.20  finance agency, and Minnesota Technology, Inc.  A representative 
 26.21  of the corporation for national and community service shall also 
 26.22  serve as an ex officio nonvoting member. 
 26.23     (d) Voting and ex officio nonvoting members may appoint 
 26.24  designees to act on their behalf.  The number of voting members 
 26.25  who are state employees shall not exceed 25 percent. 
 26.26     (e) The governor shall ensure that, to the extent possible, 
 26.27  the membership of the commission is balanced according to 
 26.28  geography, race, ethnicity, age, and gender.  The speaker of the 
 26.29  house and the majority leader of the senate shall each appoint 
 26.30  two legislators to be nonvoting members of the commission. 
 26.31     Sec. 31.  Minnesota Statutes 1994, section 136D.23, 
 26.32  subdivision 1, is amended to read: 
 26.33     Subdivision 1.  [PUBLIC AGENCY.] The joint school board 
 26.34  shall be a public agency of the participating school districts 
 26.35  and may receive and disburse federal and state funds made 
 26.36  available to it or to the participating school districts, 
 27.1   including moneys described in section 136C.07.  
 27.2      Sec. 32.  Minnesota Statutes 1994, section 136D.23, 
 27.3   subdivision 2, is amended to read: 
 27.4      Subd. 2.  [LIABILITY.] Except as to certificates of 
 27.5   indebtedness or bonds issued under Minnesota Statutes 1990, 
 27.6   section 136D.28, hereof, no participating school district shall 
 27.7   have individual liability for the debts and obligations of the 
 27.8   board nor shall any individual serving as a member of the board 
 27.9   have such liability. 
 27.10     Sec. 33.  Minnesota Statutes 1994, section 136D.83, 
 27.11  subdivision 1, is amended to read: 
 27.12     Subdivision 1.  [PUBLIC AGENCY.] The joint school board 
 27.13  shall be a public agency of the participating school districts 
 27.14  and may receive and disburse federal and state funds made 
 27.15  available to it or to the participating school districts, 
 27.16  including moneys described in section 136C.07.  
 27.17     Sec. 34.  Minnesota Statutes 1994, section 136D.83, 
 27.18  subdivision 2, is amended to read: 
 27.19     Subd. 2.  [LIABILITY.] Except as to certificates of 
 27.20  indebtedness or bonds issued under Minnesota Statutes 1990, 
 27.21  section 136D.89, hereof, no participating school district shall 
 27.22  have individual liability for the debts and obligations of the 
 27.23  board nor shall any individual serving as a member of the board 
 27.24  have such liability. 
 27.25     Sec. 35.  Minnesota Statutes 1995 Supplement, section 
 27.26  144.057, subdivision 1, is amended to read: 
 27.27     Subdivision 1.  [BACKGROUND STUDIES REQUIRED.] The 
 27.28  commissioner of health shall contract with the commissioner of 
 27.29  human services to conduct background studies of individuals 
 27.30  providing services which have direct contact, as defined under 
 27.31  section 245A.04, subdivision 3, with patients and residents in 
 27.32  hospitals, boarding care homes, outpatient surgical centers 
 27.33  licensed under sections 144.50 to 144.58; nursing homes and home 
 27.34  care agencies licensed under chapter 144A; residential care 
 27.35  homes licensed under chapter 144B, and board and lodging 
 27.36  establishments that are registered to provide supportive or 
 28.1   health supervision services under section 157.031 157.17.  If a 
 28.2   facility or program is licensed by the department of human 
 28.3   services and subject to the background study provisions of 
 28.4   chapter 245A and is also licensed by the department of health, 
 28.5   the department of human services is solely responsible for the 
 28.6   background studies of individuals in the jointly licensed 
 28.7   programs. 
 28.8      Sec. 36.  Minnesota Statutes 1995 Supplement, section 
 28.9   144D.06, is amended to read: 
 28.10     144D.06 [OTHER LAWS.] 
 28.11     An elderly housing with services establishment shall obtain 
 28.12  and maintain all other licenses, permits, registrations, or 
 28.13  other governmental approvals required of it in addition to 
 28.14  registration under this chapter, except that an establishment 
 28.15  registered under this chapter is exempt, at its option, from the 
 28.16  requirement of obtaining and maintaining an adult foster care 
 28.17  license under Minnesota Rules, parts 9543.0010 to 9543.0150, or 
 28.18  a lodging license under chapter 157.  An elderly housing with 
 28.19  services establishment is subject to the provisions of sections 
 28.20  504.01 to 504.28 and 566.01 to 566.175.  An elderly housing with 
 28.21  services establishment which is also described in section 
 28.22  157.031 157.17 is exempt from the requirements of that section 
 28.23  while it is registered under this chapter. 
 28.24     Sec. 37.  Minnesota Statutes 1994, section 145.61, 
 28.25  subdivision 5, is amended to read: 
 28.26     Subd. 5.  "Review organization" means a nonprofit 
 28.27  organization acting according to clause (k) or a committee whose 
 28.28  membership is limited to professionals, administrative staff, 
 28.29  and consumer directors, except where otherwise provided for by 
 28.30  state or federal law, and which is established by one or more of 
 28.31  the following:  a hospital, a clinic, a nursing home, one or 
 28.32  more state or local associations of professionals, an 
 28.33  organization of professionals from a particular area or medical 
 28.34  institution, a health maintenance organization as defined in 
 28.35  chapter 62D, a nonprofit health service plan corporation as 
 28.36  defined in chapter 62C, a preferred provider organization, a 
 29.1   professional standards review organization established pursuant 
 29.2   to United States Code, title 42, section 1320c-1 et seq., a 
 29.3   medical review agent established to meet the requirements of 
 29.4   section 256B.04, subdivision 15, or 256D.03, subdivision 7, 
 29.5   paragraph (b), the department of human services, or a 
 29.6   corporation organized under chapter 317A that owns, operates, or 
 29.7   is established by one or more of the above referenced entities, 
 29.8   to gather and review information relating to the care and 
 29.9   treatment of patients for the purposes of: 
 29.10     (a) evaluating and improving the quality of health care 
 29.11  rendered in the area or medical institution or by the entity or 
 29.12  organization that established the review organization; 
 29.13     (b) reducing morbidity or mortality; 
 29.14     (c) obtaining and disseminating statistics and information 
 29.15  relative to the treatment and prevention of diseases, illness 
 29.16  and injuries; 
 29.17     (d) developing and publishing guidelines showing the norms 
 29.18  of health care in the area or medical institution or in the 
 29.19  entity or organization that established the review organization; 
 29.20     (e) developing and publishing guidelines designed to keep 
 29.21  within reasonable bounds the cost of health care; 
 29.22     (f) reviewing the quality or cost of health care services 
 29.23  provided to enrollees of health maintenance organizations, 
 29.24  health service plans, preferred provider organizations, and 
 29.25  insurance companies; 
 29.26     (g) acting as a professional standards review organization 
 29.27  pursuant to United States Code, title 42, section 1320c-1 et 
 29.28  seq.; 
 29.29     (h) determining whether a professional shall be granted 
 29.30  staff privileges in a medical institution, membership in a state 
 29.31  or local association of professionals, or participating status 
 29.32  in a nonprofit health service plan corporation, health 
 29.33  maintenance organization, preferred provider organization, or 
 29.34  insurance company, or whether a professional's staff privileges, 
 29.35  membership, or participation status should be limited, suspended 
 29.36  or revoked; 
 30.1      (i) reviewing, ruling on, or advising on controversies, 
 30.2   disputes or questions between: 
 30.3      (1) health insurance carriers, nonprofit health service 
 30.4   plan corporations, health maintenance organizations, 
 30.5   self-insurers and their insureds, subscribers, enrollees, or 
 30.6   other covered persons; 
 30.7      (2) professional licensing boards and health providers 
 30.8   licensed by them; 
 30.9      (3) professionals and their patients concerning diagnosis, 
 30.10  treatment or care, or the charges or fees therefor; 
 30.11     (4) professionals and health insurance carriers, nonprofit 
 30.12  health service plan corporations, health maintenance 
 30.13  organizations, or self-insurers concerning a charge or fee for 
 30.14  health care services provided to an insured, subscriber, 
 30.15  enrollee, or other covered person; 
 30.16     (5) professionals or their patients and the federal, state, 
 30.17  or local government, or agencies thereof; 
 30.18     (j) providing underwriting assistance in connection with 
 30.19  professional liability insurance coverage applied for or 
 30.20  obtained by dentists, or providing assistance to underwriters in 
 30.21  evaluating claims against dentists; 
 30.22     (k) acting as a medical review agent under section 256B.04, 
 30.23  subdivision 15, or 256D.03, subdivision 7, paragraph (b); 
 30.24     (l) providing recommendations on the medical necessity of a 
 30.25  health service, or the relevant prevailing community standard 
 30.26  for a health service; 
 30.27     (m) reviewing a provider's professional practice as 
 30.28  requested by the data analysis unit under section 62J.32; 
 30.29     (n) (m) providing quality assurance as required by United 
 30.30  States Code, title 42, sections 1396r(b)(1)(b) and 
 30.31  1395i-3(b)(1)(b) of the Social Security Act; 
 30.32     (o) (n) providing information to group purchasers of health 
 30.33  care services when that information was originally generated 
 30.34  within the review organization for a purpose specified by this 
 30.35  subdivision; or 
 30.36     (p) (o) providing information to other, affiliated or 
 31.1   nonaffiliated review organizations, when that information was 
 31.2   originally generated within the review organization for a 
 31.3   purpose specified by this subdivision, and as long as that 
 31.4   information will further the purposes of a review organization 
 31.5   as specified by this subdivision. 
 31.6      Sec. 38.  [REPEALER.] 
 31.7      Minnesota Statutes 1994, section 148B.60, subdivision 6, is 
 31.8   repealed. 
 31.9      Sec. 39.  Minnesota Statutes 1994, section 148B.61, 
 31.10  subdivision 2, is amended to read: 
 31.11     Subd. 2.  [RULEMAKING.] The commissioner of health shall 
 31.12  adopt rules necessary to implement, administer, or enforce 
 31.13  provisions of sections 148B.60 to 148B.71 pursuant to chapter 
 31.14  14.  The commissioner may not adopt rules that restrict or 
 31.15  prohibit persons from providing mental health services on the 
 31.16  basis of education, training, experience, or supervision.  The 
 31.17  commissioner may consult with the mental health practitioner 
 31.18  advisory council, established in section 148B.62, during the 
 31.19  rulemaking process.  Rules adopted pursuant to this authority 
 31.20  are exempt from section 14.115. 
 31.21     Sec. 40.  Minnesota Statutes 1994, section 148B.64, 
 31.22  subdivision 2, is amended to read: 
 31.23     Subd. 2.  [INVESTIGATION.] The commissioner and employees 
 31.24  of the department of health, members of the advisory council on 
 31.25  mental health practice, and other persons engaged in the 
 31.26  investigation of violations and in the preparation, 
 31.27  presentation, and management of and testimony pertaining to 
 31.28  charges of violations of this chapter are absolutely immune from 
 31.29  civil liability and criminal prosecution for any actions, 
 31.30  transactions, or publications in the execution of, or relating 
 31.31  to, their duties under this chapter. 
 31.32     Sec. 41.  Minnesota Statutes 1994, section 148B.69, 
 31.33  subdivision 1, is amended to read: 
 31.34     Subdivision 1.  [FORMS OF DISCIPLINARY ACTION.] When the 
 31.35  commissioner finds that an unlicensed mental health practitioner 
 31.36  has violated a provision or provisions of this chapter, the 
 32.1   commissioner may take one or more of the following actions, only 
 32.2   against the individual practitioner: 
 32.3      (1) revoke the right to practice; 
 32.4      (2) suspend the right to practice; 
 32.5      (3) impose limitations or conditions on the practitioner's 
 32.6   provision of mental health services, the imposition of 
 32.7   rehabilitation requirements, or the requirement of practice 
 32.8   under supervision; 
 32.9      (4) impose a civil penalty not exceeding $10,000 for each 
 32.10  separate violation, the amount of the civil penalty to be fixed 
 32.11  so as to deprive the practitioner of any economic advantage 
 32.12  gained by reason of the violation charged or to reimburse the 
 32.13  office of mental health practice for all costs of the 
 32.14  investigation and proceeding; 
 32.15     (5) order the practitioner to provide unremunerated 
 32.16  professional service under supervision at a designated public 
 32.17  hospital, clinic, or other health care institution; 
 32.18     (6) censure or reprimand the practitioner; 
 32.19     (7) impose a fee on the practitioner to reimburse the 
 32.20  office for all or part of the cost of the proceedings resulting 
 32.21  in disciplinary action including, but not limited to, the amount 
 32.22  paid by the office for services from the office of 
 32.23  administrative hearings, attorney fees, court reports, 
 32.24  witnesses, reproduction of records, advisory council members' 
 32.25  per diem compensation, staff time, and expense incurred by 
 32.26  advisory council members and the staff of the office of mental 
 32.27  health practice; or 
 32.28     (8) any other action justified by the case. 
 32.29     Sec. 42.  Minnesota Statutes 1995 Supplement, section 
 32.30  148C.03, subdivision 1, is amended to read: 
 32.31     Subdivision 1.  [GENERAL.] The commissioner shall, after 
 32.32  consultation with the advisory council or a subcommittee or the 
 32.33  special licensing criteria committee established under section 
 32.34  148C.11, subdivision 3, paragraph (b): 
 32.35     (a) adopt and enforce rules for licensure of alcohol and 
 32.36  drug counselors, including establishing standards and methods of 
 33.1   determining whether applicants and licensees are qualified under 
 33.2   section 148C.04.  The rules must provide for examinations and 
 33.3   establish standards for the regulation of professional conduct.  
 33.4   The rules must be designed to protect the public; 
 33.5      (b) hold or contract for the administration of examinations 
 33.6   at least twice a year to assess applicants' knowledge and 
 33.7   skills.  The examinations must be written and oral and may be 
 33.8   administered by the commissioner or by a private organization 
 33.9   under contract with the commissioner to administer the licensing 
 33.10  examinations.  Examinations must minimize cultural bias and must 
 33.11  be balanced in various theories relative to practice of alcohol 
 33.12  and drug counseling; 
 33.13     (c) issue licenses to individuals qualified under sections 
 33.14  148C.01 to 148C.11; 
 33.15     (d) issue copies of the rules for licensure to all 
 33.16  applicants; 
 33.17     (e) adopt rules to establish and implement procedures, 
 33.18  including a standard disciplinary process and rules of 
 33.19  professional conduct; 
 33.20     (f) carry out disciplinary actions against licensees; 
 33.21     (g) establish, with the advice and recommendations of the 
 33.22  advisory council, written internal operating procedures for 
 33.23  receiving and investigating complaints and for taking 
 33.24  disciplinary actions as appropriate.  Establishment of the 
 33.25  operating procedures are not subject to rulemaking procedures 
 33.26  under chapter 14; 
 33.27     (h) educate the public about the existence and content of 
 33.28  the rules for chemical dependency alcohol and drug counselor 
 33.29  licensing to enable consumers to file complaints against 
 33.30  licensees who may have violated the rules; 
 33.31     (i) evaluate the rules in order to refine and improve the 
 33.32  methods used to enforce the commissioner's standards; 
 33.33     (j) set, collect, and adjust license fees for alcohol and 
 33.34  drug counselors so that the total fees collected will as closely 
 33.35  as possible equal anticipated expenditures during the biennium, 
 33.36  as provided in section 16A.1285; fees for initial and renewal 
 34.1   application and examinations; late fees for counselors who 
 34.2   submit license renewal applications after the renewal deadline; 
 34.3   and a surcharge fee.  The surcharge fee must include an amount 
 34.4   necessary to recover, over a five-year period, the 
 34.5   commissioner's direct expenditures for the adoption of the rules 
 34.6   providing for the licensure of alcohol and drug counselors.  All 
 34.7   fees received shall be deposited in the state treasury and 
 34.8   credited to the special revenue fund; and 
 34.9      (k) prepare reports on activities related to the licensure 
 34.10  of alcohol and drug counselors according to this subdivision by 
 34.11  October 1 of each even-numbered year.  Copies of the reports 
 34.12  shall be delivered to the legislature in accordance with section 
 34.13  3.195 and to the governor.  The reports shall contain the 
 34.14  following information on the commissioner's activities relating 
 34.15  to the licensure of chemical dependency counselors, for the 
 34.16  two-year period ending the previous June 30: 
 34.17     (1) a general statement of the activities; 
 34.18     (2) the number of staff hours spent on the activities; 
 34.19     (3) the receipts and disbursements of funds; 
 34.20     (4) the names of advisory council members and their 
 34.21  addresses, occupations, and dates of appointment and 
 34.22  reappointment; 
 34.23     (5) the names and job classifications of employees; 
 34.24     (6) a brief summary of rules proposed or adopted during the 
 34.25  reporting period with appropriate citations to the State 
 34.26  Register and published rules; 
 34.27     (7) the number of persons having each type of license 
 34.28  issued by the commissioner as of June 30 in the year of the 
 34.29  report; 
 34.30     (8) the locations and dates of the administration of 
 34.31  examinations by the commissioner; 
 34.32     (9) the number of persons examined by the commissioner with 
 34.33  the persons subdivided into groups showing age categories, sex, 
 34.34  and states of residency; 
 34.35     (10) the number of persons licensed by the commissioner 
 34.36  after taking the examinations referred to in clause (8) with the 
 35.1   persons subdivided by age categories, sex, and states of 
 35.2   residency; 
 35.3      (11) the number of persons not licensed by the commissioner 
 35.4   after taking the examinations referred to in clause (8) with the 
 35.5   persons subdivided by age categories, sex, and states of 
 35.6   residency; 
 35.7      (12) the number of persons not taking the examinations 
 35.8   referred to in clause (8) who were licensed by the commissioner 
 35.9   or who were denied licensing, the reasons for the licensing or 
 35.10  denial, and the persons subdivided by age categories, sex, and 
 35.11  states of residency; 
 35.12     (13) the number of persons previously licensed by the 
 35.13  commissioner whose licenses were revoked, suspended, or 
 35.14  otherwise altered in status with brief statements of the reasons 
 35.15  for the revocation, suspension, or alteration; 
 35.16     (14) the number of written and oral complaints and other 
 35.17  communications received by the commissioner which allege or 
 35.18  imply a violation of a statute or rule which the commissioner is 
 35.19  empowered to enforce; 
 35.20     (15) a summary, by specific category, of the substance of 
 35.21  the complaints and communications referred to in clause (14) 
 35.22  and, for each specific category, the responses or dispositions; 
 35.23  and 
 35.24     (16) any other objective information which the commissioner 
 35.25  believes will be useful in reviewing the commissioner's 
 35.26  activities. 
 35.27     Sec. 43.  Minnesota Statutes 1995 Supplement, section 
 35.28  151.37, subdivision 2, is amended to read: 
 35.29     Subd. 2.  (a) A licensed practitioner in the course of 
 35.30  professional practice only, may prescribe, administer, and 
 35.31  dispense a legend drug, and may cause the same to be 
 35.32  administered by a nurse, a physician assistant, or medical 
 35.33  student or resident under the practitioner's direction and 
 35.34  supervision, and may cause a person who is an appropriately 
 35.35  certified, registered, or licensed health care professional to 
 35.36  prescribe, dispense, and administer the same within the 
 36.1   expressed legal scope of the person's practice as defined in 
 36.2   Minnesota Statutes.  A licensed practitioner may prescribe a 
 36.3   legend drug, without reference to a specific patient, by 
 36.4   directing a registered nurse, physician assistant, or medical 
 36.5   student or resident to adhere to a particular practice guideline 
 36.6   or protocol when treating patients whose condition falls within 
 36.7   such guideline or protocol, and when such guideline or protocol 
 36.8   specifies the circumstances under which the legend drug is to be 
 36.9   prescribed and administered.  An individual who verbally, 
 36.10  electronically, or otherwise transmits a written, oral, or 
 36.11  electronic order, as an agent of a prescriber, shall not be 
 36.12  deemed to have prescribed the legend drug.  This paragraph 
 36.13  applies to a physician assistant only if the physician assistant 
 36.14  meets the registration and certification requirements of section 
 36.15  147.34, subdivision 1, paragraph (a) 147A.18. 
 36.16     (b) A licensed practitioner that dispenses for profit a 
 36.17  legend drug that is to be administered orally, is ordinarily 
 36.18  dispensed by a pharmacist, and is not a vaccine, must file with 
 36.19  the practitioner's licensing board a statement indicating that 
 36.20  the practitioner dispenses legend drugs for profit, the general 
 36.21  circumstances under which the practitioner dispenses for profit, 
 36.22  and the types of legend drugs generally dispensed.  It is 
 36.23  unlawful to dispense legend drugs for profit after July 31, 
 36.24  1990, unless the statement has been filed with the appropriate 
 36.25  licensing board.  For purposes of this paragraph, "profit" means 
 36.26  (1) any amount received by the practitioner in excess of the 
 36.27  acquisition cost of a legend drug for legend drugs that are 
 36.28  purchased in prepackaged form, or (2) any amount received by the 
 36.29  practitioner in excess of the acquisition cost of a legend drug 
 36.30  plus the cost of making the drug available if the legend drug 
 36.31  requires compounding, packaging, or other treatment.  The 
 36.32  statement filed under this paragraph is public data under 
 36.33  section 13.03.  This paragraph does not apply to a licensed 
 36.34  doctor of veterinary medicine or a registered pharmacist.  Any 
 36.35  person other than a licensed practitioner with the authority to 
 36.36  prescribe, dispense, and administer a legend drug under 
 37.1   paragraph (a) shall not dispense for profit.  To dispense for 
 37.2   profit does not include dispensing by a community health clinic 
 37.3   when the profit from dispensing is used to meet operating 
 37.4   expenses. 
 37.5      Sec. 44.  Minnesota Statutes 1994, section 176.021, 
 37.6   subdivision 7, is amended to read: 
 37.7      Subd. 7.  [PUBLIC OFFICER.] If an employee who is a public 
 37.8   officer of the state or governmental subdivision continues to 
 37.9   receive the compensation of office during a period when 
 37.10  receiving benefits under the workers' compensation law for 
 37.11  temporary total or temporary partial disability or permanent 
 37.12  total disability and the compensation of office exceeds $100 a 
 37.13  year, the amount of that compensation attributable to the period 
 37.14  for which benefits under the workers' compensation law are paid 
 37.15  shall be deducted from such benefits.  If an employee covered by 
 37.16  the Minnesota state retirement system receives total and 
 37.17  permanent disability benefits pursuant to section 352.113 or 
 37.18  disability benefits pursuant to sections 352.95 and 352B.10, the 
 37.19  amount of disability benefits shall be deducted from workers' 
 37.20  compensation benefits otherwise payable.  If an employee covered 
 37.21  by the teachers retirement fund receives total and permanent 
 37.22  disability benefits pursuant to section 354.48, the amount of 
 37.23  disability benefits must be deducted from workers' compensation 
 37.24  benefits otherwise payable.  Notwithstanding the provisions of 
 37.25  Minnesota Statutes 1994, section 176.132, a deduction under this 
 37.26  subdivision does not entitle an employee to supplemental 
 37.27  benefits under section 176.132.  
 37.28     Sec. 45.  Minnesota Statutes 1994, section 176.129, 
 37.29  subdivision 4a, is amended to read: 
 37.30     Subd. 4a.  [CONTRIBUTION RATE ADJUSTMENT.] In determining 
 37.31  the rate of adjustment as provided by subdivision 3, the 
 37.32  commissioner shall determine the revenues received less claims 
 37.33  received for the preceding 12 months ending June 30, 1984, and 
 37.34  each June 30 thereafter.  
 37.35          If the result is:           the range of adjustment is:
 37.36          over $15,000,000                  -10% to 0%
 38.1           less than $15,000,000 but 
 38.2             more than $10,000,000           -7% to +3%
 38.3           less than $10,000,000 but
 38.4             more than $5,000,000            -5% to +5%
 38.5           less than $5,000,000 
 38.6             but more than $0                -3% to +7%
 38.7           $0 but less than a 
 38.8             $5,000,000 deficit              0% to +10%
 38.9           more than a $5,000,000 
 38.10            deficit                         +5% to +12%
 38.11     The adjustment under this subdivision shall be used for 
 38.12  assessments for calendar year 1984 and each year thereafter.  
 38.13     An amount assessed pursuant to this section is payable to 
 38.14  the commissioner within 45 days of mailing notice of the amount 
 38.15  due unless the commissioner orders otherwise.  
 38.16     The commissioner may allow an offset of the reimbursements 
 38.17  due an employer pursuant to sections Minnesota Statutes 1990, 
 38.18  section 176.131, and Minnesota Statutes 1994, section 176.132, 
 38.19  against the assessment due under this section and may promulgate 
 38.20  rules to establish the terms and conditions under which an 
 38.21  employer will be allowed the offset.  
 38.22     Sec. 46.  Minnesota Statutes 1994, section 176.129, 
 38.23  subdivision 13, is amended to read: 
 38.24     Subd. 13.  [EMPLOYER REPORTS.] All employers and insurers 
 38.25  shall make reports to the commissioner as required for the 
 38.26  proper administration of this section and sections Minnesota 
 38.27  Statutes 1990, section 176.131, and Minnesota Statutes 1994, 
 38.28  section 176.132.  Employers and insurers may not be reimbursed 
 38.29  from the special compensation fund for any periods for which the 
 38.30  employer has not properly filed reports as required by this 
 38.31  section and made all payments due to the special compensation 
 38.32  fund under subdivision 3.  
 38.33     Sec. 47.  Minnesota Statutes 1994, section 176.225, 
 38.34  subdivision 2, is amended to read: 
 38.35     Subd. 2.  [EXAMINATION OF BOOKS AND RECORDS.] To determine 
 38.36  whether an employer or insurer is liable for the payment 
 39.1   provided by subdivision 1, the division, a compensation judge, 
 39.2   or the workers' compensation court of appeals upon appeal may 
 39.3   examine the books and records of the employer or insurer 
 39.4   relating to the payment of compensation, and may require the 
 39.5   employer or insurer to furnish any other information relating to 
 39.6   the payment of compensation. 
 39.7      The right of the division to review the records of an 
 39.8   employer or insurer includes the right of the special 
 39.9   compensation fund to examine records for the proper 
 39.10  administration of sections section 176.129, Minnesota Statutes 
 39.11  1990, section 176.131, Minnesota Statutes 1994, section 176.132, 
 39.12  and sections 176.181, and 176.183.  The special compensation 
 39.13  fund may not review the records of the employer or insurer 
 39.14  relating to a claim under Minnesota Statutes 1990, section 
 39.15  176.131, until the special compensation fund has accepted 
 39.16  liability under that section or a final determination of 
 39.17  liability under that section has been made.  The special 
 39.18  compensation fund may withhold reimbursement to the employer or 
 39.19  insurer under Minnesota Statutes 1990, section 176.131, 
 39.20  or Minnesota Statutes 1994, section 176.132, if the employer or 
 39.21  insurer denies access to records requested for the proper 
 39.22  administration of section 176.129, Minnesota Statutes 1990, 
 39.23  section 176.131, Minnesota Statutes 1994, section 176.132, 
 39.24  section 176.181, or 176.183. 
 39.25     Sec. 48.  Minnesota Statutes 1994, section 176.83, 
 39.26  subdivision 7, is amended to read: 
 39.27     Subd. 7.  [MISCELLANEOUS RULES.] Rules necessary for 
 39.28  implementing and administering the provisions of sections 
 39.29  Minnesota Statutes 1990, section 176.131, Minnesota Statutes 
 39.30  1994, section 176.132, sections 176.238, and 176.239; sections 
 39.31  176.251, 176.66 to 176.669, and rules regarding proper 
 39.32  allocation of compensation under section 176.111.  Under the 
 39.33  rules adopted under section 176.111 a party may petition for a 
 39.34  hearing before a compensation judge to determine the proper 
 39.35  allocation.  In this case the compensation judge may order a 
 39.36  different allocation than prescribed by rule. 
 40.1      Sec. 49.  Minnesota Statutes 1994, section 177.24, 
 40.2   subdivision 1, is amended to read: 
 40.3      Subdivision 1.  [AMOUNT.] (a) For purposes of this 
 40.4   subdivision, the terms defined in this paragraph have the 
 40.5   meanings given them.  
 40.6      (1) "Large employer" means an enterprise whose annual gross 
 40.7   volume of sales made or business done is not less than $362,500 
 40.8   (exclusive of excise taxes at the retail level that are 
 40.9   separately stated) and covered by the Minnesota fair labor 
 40.10  standards act, sections 177.21 to 177.35. 
 40.11     (2) "Small employer" means an enterprise whose annual gross 
 40.12  volume of sales made or business done is less than $362,500 
 40.13  (exclusive of excise taxes at the retail level that are 
 40.14  separately stated) and covered by the Minnesota fair labor 
 40.15  standards act, sections 177.21 to 177.35.  
 40.16     (b) Except as otherwise provided in sections 177.21 to 
 40.17  177.35, every large employer must pay each employee wages at a 
 40.18  rate of at least $4.25 an hour beginning January 1, 1991.  Every 
 40.19  small employer must pay each employee at a rate of at least $4 
 40.20  an hour beginning January 1, 1991. 
 40.21     (c) A large employer must pay each employee at a rate of at 
 40.22  least the minimum wage set by this section or federal law 
 40.23  without the reduction for training wage or full-time student 
 40.24  status allowed under federal law. 
 40.25     Sec. 50.  Minnesota Statutes 1994, section 177.24, 
 40.26  subdivision 4, is amended to read: 
 40.27     Subd. 4.  [UNREIMBURSED EXPENSES DEDUCTED.] Deductions, 
 40.28  direct or indirect, from wages or gratuities not authorized by 
 40.29  this subdivision may only be taken as authorized by sections 
 40.30  177.28, subdivisions subdivision 3 and 4, 181.06, and 181.79.  
 40.31  Deductions, direct or indirect, for up to the full cost of the 
 40.32  uniform or equipment as listed below, may not exceed $50.  No 
 40.33  deductions, direct or indirect, may be made for the items listed 
 40.34  below which when subtracted from wages would reduce the wages 
 40.35  below the minimum wage: 
 40.36     (a) purchased or rented uniforms or specially designed 
 41.1   clothing required by the employer, by the nature of the 
 41.2   employment, or by statute as a condition of employment, which is 
 41.3   not generally appropriate for use except in that employment; 
 41.4      (b) purchased or rented equipment used in employment, 
 41.5   except tools of a trade, a motor vehicle, or any other equipment 
 41.6   which may be used outside the employment; 
 41.7      (c) consumable supplies required in the course of that 
 41.8   employment; 
 41.9      (d) travel expenses in the course of employment except 
 41.10  those incurred in traveling to and from the employee's residence 
 41.11  and place of employment. 
 41.12     Sec. 51.  Minnesota Statutes 1994, section 177.27, 
 41.13  subdivision 6, is amended to read: 
 41.14     Subd. 6.  [EMPLOYER LIABILITY.] Employers are liable to 
 41.15  employees for back wages and gratuities as computed by the 
 41.16  department or, if contested by the employer, as awarded in a 
 41.17  public hearing.  The commissioner may establish escrow accounts 
 41.18  for purposes of distributing back wages and gratuities.  In 
 41.19  addition, hearing costs of up to ten percent of any back wages 
 41.20  and gratuities awarded may be assessed against the employer by 
 41.21  the administrative law judge and paid to the commissioner if the 
 41.22  administrative law judge finds that the employer had no 
 41.23  meritorious defense against the claim.  The penalty provided 
 41.24  under this subdivision for failure to pay back wages and 
 41.25  gratuities does not apply to compliance orders issued to an 
 41.26  employer under this section before July 1, 1985.  This 
 41.27  subdivision does not prevent an employee from prosecuting a 
 41.28  claim for wages or gratuities.  
 41.29     Sec. 52.  [REPEALER.] 
 41.30     Minnesota Statutes, section 177.28, subdivision 4, is 
 41.31  repealed. 
 41.32     Sec. 53.  Minnesota Statutes 1994, section 197.447, is 
 41.33  amended to read: 
 41.34     197.447 [VETERAN, DEFINED.] 
 41.35     The word "veteran" as used in Minnesota Statutes, except in 
 41.36  sections 136C.13 136F.28, 196.21, 197.971, and 243.251, means a 
 42.1   citizen of the United States or a resident alien who has been 
 42.2   separated under honorable conditions from any branch of the 
 42.3   armed forces of the United States after having served on active 
 42.4   duty for 181 consecutive days or by reason of disability 
 42.5   incurred while serving on active duty, or who has met the 
 42.6   minimum active duty requirement as defined by Code of Federal 
 42.7   Regulations, title 38, section 3.12a, or who has active military 
 42.8   service certified under section 401, Public Law Number 95-202.  
 42.9   The active military service must be certified by the United 
 42.10  States Secretary of Defense as active military service and a 
 42.11  discharge under honorable conditions must be issued by the 
 42.12  Secretary. 
 42.13     Sec. 54.  Minnesota Statutes 1994, section 198.002, 
 42.14  subdivision 2, is amended to read: 
 42.15     Subd. 2.  [MEMBERSHIP.] The board consists of nine voting 
 42.16  members appointed by the governor with the advice and consent of 
 42.17  the senate.  The members of the board shall fairly represent the 
 42.18  geographic areas of the state.  The members are:  
 42.19     (1) a chair, designated by the governor; 
 42.20     (2) three public members experienced in policy formulation 
 42.21  with professional experience in health care delivery; and 
 42.22     (3) five members experienced in policy formulation with 
 42.23  professional experience in health care delivery who are members 
 42.24  of congressionally chartered veterans organizations or their 
 42.25  auxiliaries that have a statewide organizational structure and 
 42.26  state level officers in Minnesota.  
 42.27     The commissioner of veterans affairs shall serve as an ex 
 42.28  officio, nonvoting member of the board.  The chair of the senate 
 42.29  veterans affairs committee and the chair of the house committee 
 42.30  on general legislation, veterans affairs, and gaming serve as ex 
 42.31  officio, nonvoting members of the board if they are veterans.  
 42.32  From each house of the legislature, the chair of the committee 
 42.33  that deals with veterans affairs shall serve as an ex officio, 
 42.34  nonvoting member if that person is a veteran.  In the event that 
 42.35  one or both of the chairs are not veterans, then any member of 
 42.36  the respective committees who is a veteran may be designated by 
 43.1   the chair to serve on the board. 
 43.2      Sec. 55.  Minnesota Statutes 1994, section 205A.13, is 
 43.3   amended to read: 
 43.4      205A.13 [REQUIREMENTS FOR PETITIONS.] 
 43.5      Any petition to a school board authorized in this chapter 
 43.6   or sections 124.226, 124.2716, 124.91, 124.912, 124.914, 
 43.7   124.916, 124.918, and 124A.03, and 136C.411, or any other law 
 43.8   which requires the board to submit an issue to referendum or 
 43.9   election, shall meet the following requirements to be valid.  
 43.10     (1) Each page of the petition shall contain a heading at 
 43.11  its top which specifies the particular action the board is being 
 43.12  petitioned to take.  The signatures on any page which does not 
 43.13  contain such a heading shall all be invalidated.  All pages of 
 43.14  the petition shall be assembled and filed with the board as a 
 43.15  single instrument.  
 43.16     (2) Each page of the petition shall contain an 
 43.17  authentication signed by the circulator of the petition 
 43.18  specifying as follows:  
 43.19     "I personally have circulated this page of the petition.  
 43.20  All signatures were made in my presence.  I believe that the 
 43.21  signers signed their own names and that each person who has 
 43.22  signed is eligible to vote in a school district election 
 43.23  according to Minnesota election law.  
 43.24     Signed:  ................................ Signature of 
 43.25  Petition Circulator 
 43.26     Date:  ................................." 
 43.27     The signatures on any page which does not contain such an 
 43.28  authentication shall all be invalidated.  
 43.29     (3) Signers of the petition shall personally sign their own 
 43.30  names in ink or indelible pencil and shall indicate after the 
 43.31  name the place of residence by street and number, or other 
 43.32  description sufficient to identify the place.  Except as 
 43.33  provided in clause (4), any signature which does not meet these 
 43.34  requirements shall be invalidated.  
 43.35     (4) Individuals who are unable to write their names shall 
 43.36  be required to make their marks on the petition.  The circulator 
 44.1   of the petition shall certify the mark by signing the 
 44.2   individual's name and address and shall thereafter print the 
 44.3   phrase "mark certified by petition circulator."  
 44.4      (5) A petition, to be valid, must contain the minimum 
 44.5   number of valid signatures of eligible voters specified in the 
 44.6   law authorizing the petition and election.  
 44.7      Sec. 56.  Minnesota Statutes 1995 Supplement, section 
 44.8   237.16, subdivision 11, is amended to read: 
 44.9      Subd. 11.  [INTERIM AUTHORITY IN AREAS SERVED BY TELEPHONE 
 44.10  COMPANIES WITH LESS THAN 50,000 SUBSCRIBERS.] (a) Before 
 44.11  adopting the rules required under subdivision 8 for telephone 
 44.12  companies with less than 50,000 subscribers, when an applicant 
 44.13  requests certification to provide local telephone service in an 
 44.14  area served by a telephone company with less than 50,000 
 44.15  subscribers originally certified to provide local telephone 
 44.16  service before January 1, 1988, the commission shall grant the 
 44.17  application if it finds the applicant meets the requirements of 
 44.18  subdivision 1.  The commission shall make its determination on 
 44.19  the application, including whether to provide a temporary 
 44.20  arrangement for the effective interconnection of the local 
 44.21  exchange networks, after a hearing under chapter 14 or expedited 
 44.22  proceeding under section 237.61, within nine months of the 
 44.23  application, and considering any facts unique to that telephone 
 44.24  company.  In addition, if an application is granted, that 
 44.25  telephone company shall: 
 44.26     (1) permit interconnection or discontinue interconnection 
 44.27  for intrastate services to the same extent and in the same 
 44.28  manner and time frame as the Federal Communications Commission 
 44.29  may thereafter require for that small telephone company for 
 44.30  interstate purposes.; and 
 44.31     (2) unbundle its intrastate services and facilities used 
 44.32  for intrastate services to the same extent and in the same 
 44.33  manner as the Federal Communications Commission may thereafter 
 44.34  require for that telephone company for interstate purposes. 
 44.35     (b) If a telephone company with less than 50,000 
 44.36  subscribers is authorized by the Federal Communications 
 45.1   Commission to provide video common carrier services before the 
 45.2   rules required under subdivision 8 are adopted, an application 
 45.3   under this subdivision for certification to provide local 
 45.4   telephone service in an area served by that telephone company 
 45.5   shall be determined within 120 days of its filing. 
 45.6      Sec. 57.  Minnesota Statutes 1994, section 256.9753, 
 45.7   subdivision 3, is amended to read: 
 45.8      Subd. 3.  [EXPENDITURES.] The board shall consult with the 
 45.9   office of citizenship and volunteer services prior to expending 
 45.10  money available for the retired senior volunteer programs.  
 45.11  Expenditures shall be made (1) to strengthen and expand existing 
 45.12  retired senior volunteer programs, and (2) to encourage the 
 45.13  development of new programs in areas in the state where these 
 45.14  programs do not exist.  Grants shall be made consistent with 
 45.15  applicable federal guidelines. 
 45.16     Sec. 58.  Minnesota Statutes 1994, section 268.166, is 
 45.17  amended to read: 
 45.18     268.166 [CANCELLATION OF DELINQUENT CONTRIBUTIONS.] 
 45.19     Notwithstanding section 10.12, The commissioner may cancel 
 45.20  as uncollectible any contributions, reimbursements, penalties, 
 45.21  or the interest or costs thereon, which remain unpaid six years 
 45.22  after the amounts have been determined by the commissioner to be 
 45.23  due and payable.  This section does not prohibit the 
 45.24  commissioner from collecting any amounts secured by a notice of 
 45.25  lien or a judgment which are older than six years. 
 45.26     Sec. 59.  Minnesota Statutes 1994, section 270B.07, 
 45.27  subdivision 4, is amended to read: 
 45.28     Subd. 4.  [DISCLOSURE TO GAMBLING CONTROL BOARD.] The 
 45.29  commissioner may disclose return information for the purpose of 
 45.30  and to the extent necessary to administer sections 349.161, 
 45.31  subdivision 3, and 349.164, section 349.155, subdivision 3.  
 45.32     Sec. 60.  Minnesota Statutes 1995 Supplement, section 
 45.33  275.065, subdivision 6, is amended to read: 
 45.34     Subd. 6.  [PUBLIC HEARING; ADOPTION OF BUDGET AND LEVY.] 
 45.35  Between November 29 and December 20, the governing bodies of the 
 45.36  city, county, metropolitan special taxing districts as defined 
 46.1   in subdivision 3, paragraph (i), and regional library districts 
 46.2   shall each hold a public hearing to discuss and seek public 
 46.3   comment on its final budget and property tax levy for taxes 
 46.4   payable in the following year, and the governing body of the 
 46.5   school district shall hold a public hearing to review its 
 46.6   current budget and proposed property tax levy for taxes payable 
 46.7   in the following year.  The metropolitan special taxing 
 46.8   districts shall be required to hold only a single joint public 
 46.9   hearing, the location of which will be determined by the 
 46.10  affected metropolitan agencies. 
 46.11     At a subsequent hearing, each county, school district, 
 46.12  city, and metropolitan special taxing district may amend its 
 46.13  proposed property tax levy and must adopt a final property tax 
 46.14  levy.  Each county, city, and metropolitan special taxing 
 46.15  district may also amend its proposed budget and must adopt a 
 46.16  final budget at the subsequent hearing.  A school district is 
 46.17  not required to adopt its final budget at the subsequent 
 46.18  hearing.  The subsequent hearing of a taxing authority must be 
 46.19  held on a date subsequent to the date of the taxing authority's 
 46.20  initial public hearing, or subsequent to the date of its 
 46.21  continuation hearing if a continuation hearing is held.  The 
 46.22  subsequent hearing may be held at a regularly scheduled board or 
 46.23  council meeting or at a special meeting scheduled for the 
 46.24  purposes of the subsequent hearing.  The subsequent hearing of a 
 46.25  taxing authority does not have to be coordinated by the county 
 46.26  auditor to prevent a conflict with an initial hearing, a 
 46.27  continuation hearing, or a subsequent hearing of any other 
 46.28  taxing authority.  All subsequent hearings must be held prior to 
 46.29  five working days after December 20 of the levy year. 
 46.30     The time and place of the subsequent hearing must be 
 46.31  announced at the initial public hearing or at the continuation 
 46.32  hearing. 
 46.33     The property tax levy certified under section 275.07 by a 
 46.34  city, county, metropolitan special taxing district, regional 
 46.35  library district, or school district must not exceed the 
 46.36  proposed levy determined under subdivision 1, except by an 
 47.1   amount up to the sum of the following amounts: 
 47.2      (1) the amount of a school district levy whose voters 
 47.3   approved a referendum to increase taxes under section 124.82, 
 47.4   subdivision 3, 124A.03, subdivision 2, or 124B.03, subdivision 
 47.5   2, or 136C.411, after the proposed levy was certified; 
 47.6      (2) the amount of a city or county levy approved by the 
 47.7   voters after the proposed levy was certified; 
 47.8      (3) the amount of a levy to pay principal and interest on 
 47.9   bonds issued or approved by the voters under section 475.58 
 47.10  after the proposed levy was certified; 
 47.11     (4) the amount of a levy to pay costs due to a natural 
 47.12  disaster occurring after the proposed levy was certified, if 
 47.13  that amount is approved by the commissioner of revenue under 
 47.14  subdivision 6a; 
 47.15     (5) the amount of a levy to pay tort judgments against a 
 47.16  taxing authority that become final after the proposed levy was 
 47.17  certified, if the amount is approved by the commissioner of 
 47.18  revenue under subdivision 6a; 
 47.19     (6) the amount of an increase in levy limits certified to 
 47.20  the taxing authority by the commissioner of children, families, 
 47.21  and learning after the proposed levy was certified; and 
 47.22     (7) the amount required under section 124.755. 
 47.23     At the hearing under this subdivision, the percentage 
 47.24  increase in property taxes proposed by the taxing authority, if 
 47.25  any, and the specific purposes for which property tax revenues 
 47.26  are being increased must be discussed.  
 47.27     During the discussion, the governing body shall hear 
 47.28  comments regarding a proposed increase and explain the reasons 
 47.29  for the proposed increase.  The public shall be allowed to speak 
 47.30  and to ask questions.  At the subsequent hearing held as 
 47.31  provided in this subdivision, the governing body, other than the 
 47.32  governing body of a school district, shall adopt its final 
 47.33  property tax levy prior to adopting its final budget. 
 47.34     If the hearing is not completed on its scheduled date, the 
 47.35  taxing authority must announce, prior to adjournment of the 
 47.36  hearing, the date, time, and place for the continuation of the 
 48.1   hearing.  The continued hearing must be held at least five 
 48.2   business days but no more than 14 business days after the 
 48.3   original hearing. 
 48.4      The hearing must be held after 5:00 p.m. if scheduled on a 
 48.5   day other than Saturday.  No hearing may be held on a Sunday.  
 48.6   The governing body of a county shall hold a hearing on the 
 48.7   second Tuesday in December each year, and may hold additional 
 48.8   hearings on other dates before December 20 if necessary for the 
 48.9   convenience of county residents.  If the county needs a 
 48.10  continuation of its hearing, the continued hearing shall be held 
 48.11  on the third Tuesday in December.  If the third Tuesday in 
 48.12  December falls on December 21, the county's continuation hearing 
 48.13  shall be held on Monday, December 20.  The county auditor shall 
 48.14  provide for the coordination of hearing dates for all cities and 
 48.15  school districts within the county. 
 48.16     The metropolitan special taxing districts shall hold a 
 48.17  joint public hearing on the first Monday of December.  A 
 48.18  continuation hearing, if necessary, shall be held on the second 
 48.19  Monday of December. 
 48.20     By August 10, each school board and the board of the 
 48.21  regional library district shall certify to the county auditors 
 48.22  of the counties in which the school district or regional library 
 48.23  district is located the dates on which it elects to hold its 
 48.24  hearings and any continuations.  If a school board or regional 
 48.25  library district does not certify the dates by August 10, the 
 48.26  auditor will assign the hearing date.  The dates elected or 
 48.27  assigned must not conflict with the hearing dates of the county 
 48.28  or the metropolitan special taxing districts.  By August 20, the 
 48.29  county auditor shall notify the clerks of the cities within the 
 48.30  county of the dates on which school districts and regional 
 48.31  library districts have elected to hold their hearings.  At the 
 48.32  time a city certifies its proposed levy under subdivision 1 it 
 48.33  shall certify the dates on which it elects to hold its hearings 
 48.34  and any continuations.  The city must not select dates that 
 48.35  conflict with the county hearing dates, metropolitan special 
 48.36  taxing district dates, or with those elected by or assigned to 
 49.1   the school districts or regional library district in which the 
 49.2   city is located. 
 49.3      The county hearing dates and the city, metropolitan special 
 49.4   taxing district, regional library district, and school district 
 49.5   hearing dates must be designated on the notices required under 
 49.6   subdivision 3.  The continuation dates need not be stated on the 
 49.7   notices.  
 49.8      This subdivision does not apply to towns and special taxing 
 49.9   districts other than regional library districts and metropolitan 
 49.10  special taxing districts. 
 49.11     Notwithstanding the requirements of this section, the 
 49.12  employer is required to meet and negotiate over employee 
 49.13  compensation as provided for in chapter 179A.  
 49.14     Sec. 61.  Minnesota Statutes 1995 Supplement, section 
 49.15  276.04, subdivision 2, is amended to read: 
 49.16     Subd. 2.  [CONTENTS OF TAX STATEMENTS.] (a) The treasurer 
 49.17  shall provide for the printing of the tax statements.  The 
 49.18  commissioner of revenue shall prescribe the form of the property 
 49.19  tax statement and its contents.  The statement must contain a 
 49.20  tabulated statement of the dollar amount due to each taxing 
 49.21  authority from the parcel of real property for which a 
 49.22  particular tax statement is prepared.  The dollar amounts due 
 49.23  the county, township or municipality, the total of the 
 49.24  metropolitan special taxing districts as defined in section 
 49.25  275.065, subdivision 3, paragraph (i), school district excess 
 49.26  referenda levy, remaining school district levy, and the total of 
 49.27  other voter approved referenda levies based on market value 
 49.28  under section 275.61 must be separately stated.  The amounts due 
 49.29  all other special taxing districts, if any, may be aggregated.  
 49.30  For the purposes of this subdivision, "school district excess 
 49.31  referenda levy" means school district taxes for operating 
 49.32  purposes approved at referenda, including those taxes based on 
 49.33  net tax capacity as well as those based on market value.  
 49.34  "School district excess referenda levy" does not include school 
 49.35  district taxes for capital expenditures approved at referendums 
 49.36  or school district taxes to pay for the debt service on bonds 
 50.1   approved at referenda.  The amount of the tax on contamination 
 50.2   value imposed under sections 270.91 to 270.98, if any, must also 
 50.3   be separately stated.  The dollar amounts, including the dollar 
 50.4   amount of any special assessments, may be rounded to the nearest 
 50.5   even whole dollar.  For purposes of this section whole 
 50.6   odd-numbered dollars may be adjusted to the next higher 
 50.7   even-numbered dollar.  The amount of market value excluded under 
 50.8   section 273.11, subdivision 16, if any, must also be listed on 
 50.9   the tax statement.  The statement shall include the following 
 50.10  sentence, printed in upper case letters in boldface print:  "THE 
 50.11  STATE OF MINNESOTA DOES NOT RECEIVE ANY PROPERTY TAX REVENUES.  
 50.12  THE STATE OF MINNESOTA REDUCES YOUR PROPERTY TAX BY PAYING 
 50.13  CREDITS AND REIMBURSEMENTS TO LOCAL UNITS OF GOVERNMENT."  
 50.14     (b) The property tax statements for manufactured homes and 
 50.15  sectional structures taxed as personal property shall contain 
 50.16  the same information that is required on the tax statements for 
 50.17  real property.  
 50.18     (c) Real and personal property tax statements must contain 
 50.19  the following information in the order given in this paragraph.  
 50.20  The information must contain the current year tax information in 
 50.21  the right column with the corresponding information for the 
 50.22  previous year in a column on the left: 
 50.23     (1) the property's estimated market value under section 
 50.24  273.11, subdivision 1; 
 50.25     (2) the property's taxable market value after reductions 
 50.26  under section 273.11, subdivisions 1a and 16; 
 50.27     (3) the property's gross tax, calculated by multiplying the 
 50.28  property's gross tax capacity times the total local tax rate and 
 50.29  adding to the result the sum of the aids enumerated in clause 
 50.30  (3) (4); 
 50.31     (4) a total of the following aids: 
 50.32     (i) education aids payable under chapters 124 and 124A; 
 50.33     (ii) local government aids for cities, towns, and counties 
 50.34  under chapter 477A; and 
 50.35     (iii) disparity reduction aid under section 273.1398; 
 50.36     (5) for homestead residential and agricultural properties, 
 51.1   the homestead and agricultural credit aid apportioned to the 
 51.2   property.  This amount is obtained by multiplying the total 
 51.3   local tax rate by the difference between the property's gross 
 51.4   and net tax capacities under section 273.13.  This amount must 
 51.5   be separately stated and identified as "homestead and 
 51.6   agricultural credit."  For purposes of comparison with the 
 51.7   previous year's amount for the statement for taxes payable in 
 51.8   1990, the statement must show the homestead credit for taxes 
 51.9   payable in 1989 under section 273.13, and the agricultural 
 51.10  credit under section 273.132 for taxes payable in 1989; 
 51.11     (6) any credits received under sections 273.119; 273.123; 
 51.12  273.135; 273.1391; 273.1398, subdivision 4; 469.171; and 
 51.13  473H.10, except that the amount of credit received under section 
 51.14  273.135 must be separately stated and identified as "taconite 
 51.15  tax relief"; and 
 51.16     (7) the net tax payable in the manner required in paragraph 
 51.17  (a).  
 51.18     The commissioner of revenue shall certify to the county 
 51.19  auditor the actual or estimated aids enumerated in clauses (3) 
 51.20  and (4) that local governments will receive in the following 
 51.21  year.  In the case of a county containing a city of the first 
 51.22  class, for taxes levied in 1991, and for all counties for taxes 
 51.23  levied in 1992 and thereafter, the commissioner must certify 
 51.24  this amount by September 1.  
 51.25     Sec. 62.  Minnesota Statutes 1994, section 284.28, 
 51.26  subdivision 5, is amended to read: 
 51.27     Subd. 5.  In cases where the lands are and ever since the 
 51.28  time of filing the auditor's certificate of forfeiture under 
 51.29  section 281.23, subdivision 8 9, or filing of service of notice 
 51.30  of expiration of redemption under section 281.21, have been in 
 51.31  the actual, open, continuous, and exclusive possession of the 
 51.32  owner, or the owner's successors in interest, claiming adversely 
 51.33  to the state or its successors in interest, the period of 
 51.34  limitations as to such owner, or the owner's successors in 
 51.35  interest, shall be 
 51.36     (i) the time of the possession, or 
 52.1      (ii) the period of limitations provided in subdivisions 2 
 52.2   and 3, whichever period is greater. 
 52.3      Sec. 63.  Minnesota Statutes 1994, section 284.28, 
 52.4   subdivision 6, is amended to read: 
 52.5      Subd. 6.  Any claimant failing to commence an action or 
 52.6   assert a defense within the time prescribed by subdivisions 2 
 52.7   and 3 shall be conclusively presumed to have abandoned all 
 52.8   right, title, and interest in the lands described in the county 
 52.9   auditor's certificate of forfeiture or notice of expiration of 
 52.10  redemption, which certificate of forfeiture when filed under 
 52.11  section 281.23, subdivision 8 9, or notice of expiration of 
 52.12  redemption when filed under section 281.21, shall constitute 
 52.13  notice of the forfeiture of the lands affected to all persons 
 52.14  having or claiming an interest therein.  If no action or defense 
 52.15  is asserted and notice of lis pendens recorded within the time 
 52.16  prescribed by subdivisions 2 and 3, a certificate of sale or 
 52.17  state assignment certificate recorded with the county recorder 
 52.18  has the force and effect of a patent after the expiration of the 
 52.19  period prescribed by subdivision 1, subject to the rights of 
 52.20  persons described in subdivision 5 and any rights set forth in 
 52.21  the certificate of sale or state assignment certificate. 
 52.22     Except as provided in subdivision 11, the time prescribed 
 52.23  by subdivisions 2 and 3 shall not commence to run until June 15, 
 52.24  1977 as to any county auditor's certificate of forfeiture or 
 52.25  notice of expiration of the time for redemption filed prior to 
 52.26  June 15, 1977. 
 52.27     Sec. 64.  [REPEALER.] 
 52.28     Minnesota Statutes 1994, section 289A.60, subdivision 9, is 
 52.29  repealed. 
 52.30     Sec. 65.  Minnesota Statutes 1995 Supplement, section 
 52.31  295.50, subdivision 4, is amended to read: 
 52.32     Subd. 4.  [HEALTH CARE PROVIDER.] (a) "Health care 
 52.33  provider" means: 
 52.34     (1) a person furnishing any or all of the following goods 
 52.35  or services directly to a patient or consumer:  medical, 
 52.36  surgical, optical, visual, dental, hearing, nursing services, 
 53.1   drugs, medical supplies, medical appliances, laboratory, 
 53.2   diagnostic or therapeutic services, or any goods and services 
 53.3   not listed above that qualify for reimbursement under the 
 53.4   medical assistance program provided under chapter 256B.  For 
 53.5   purposes of this clause, "directly to a patient or consumer" 
 53.6   includes goods and services provided in connection with 
 53.7   independent medical examinations under section 65B.56 or other 
 53.8   examinations for purposes of litigation or insurance claims; 
 53.9      (2) a staff model health plan company; or 
 53.10     (3) an ambulance service required to be licensed. 
 53.11     (b) Health care provider does not include hospitals, 
 53.12  nursing homes licensed under chapter 144A or licensed in any 
 53.13  other jurisdiction, pharmacies, surgical centers, bus and 
 53.14  taxicab transportation, or any other providers of transportation 
 53.15  services other than ambulance services required to be licensed, 
 53.16  supervised living facilities for persons with mental retardation 
 53.17  or related conditions, licensed under Minnesota Rules, parts 
 53.18  4665.0100 to 4665.9900, residential care homes licensed under 
 53.19  chapter 144B, board and lodging establishments providing only 
 53.20  custodial services that are licensed under chapter 157 and 
 53.21  registered under section 157.031 157.17 to provide supportive 
 53.22  services or health supervision services, adult foster homes as 
 53.23  defined in Minnesota Rules, part 9555.5050, and boarding care 
 53.24  homes, as defined in Minnesota Rules, part 4655.0100. 
 53.25     Sec. 66.  Minnesota Statutes 1995 Supplement, section 
 53.26  297A.25, subdivision 11, is amended to read: 
 53.27     Subd. 11.  [SALES TO GOVERNMENT.] The gross receipts from 
 53.28  all sales, including sales in which title is retained by a 
 53.29  seller or a vendor or is assigned to a third party under an 
 53.30  installment sale or lease purchase agreement under section 
 53.31  465.71, of tangible personal property to, and all storage, use 
 53.32  or consumption of such property by, the United States and its 
 53.33  agencies and instrumentalities, the University of Minnesota, 
 53.34  state universities, community colleges, technical colleges, 
 53.35  state academies, the Minnesota center for arts education, and 
 53.36  school districts are exempt. 
 54.1      As used in this subdivision, "school districts" means 
 54.2   public school entities and districts of every kind and nature 
 54.3   organized under the laws of the state of Minnesota, including, 
 54.4   without limitation, school districts, intermediate school 
 54.5   districts, education districts, educational cooperative service 
 54.6   units, secondary vocational cooperative centers, special 
 54.7   education cooperatives, joint purchasing cooperatives, 
 54.8   telecommunication cooperatives, regional management information 
 54.9   centers, technical colleges, joint vocational technical 
 54.10  districts, and any instrumentality of a school district, as 
 54.11  defined in section 471.59. 
 54.12     Sales exempted by this subdivision include sales under 
 54.13  section 297A.01, subdivision 3, paragraph (f), but do not 
 54.14  include sales under section 297A.01, subdivision 3, paragraph 
 54.15  (j), clause (vii).  
 54.16     Sales to hospitals and nursing homes owned and operated by 
 54.17  political subdivisions of the state are exempt under this 
 54.18  subdivision.  
 54.19     The sales to and exclusively for the use of libraries of 
 54.20  books, periodicals, audio-visual materials and equipment, 
 54.21  photocopiers for use by the public, and all cataloguing and 
 54.22  circulation equipment, and cataloguing and circulation software 
 54.23  for library use are exempt under this subdivision.  For purposes 
 54.24  of this paragraph "libraries" means libraries as defined in 
 54.25  section 134.001, county law libraries under chapter 134A, the 
 54.26  state library under section 480.09, and the legislative 
 54.27  reference library. 
 54.28     Sales of supplies and equipment used in the operation of an 
 54.29  ambulance service owned and operated by a political subdivision 
 54.30  of the state are exempt under this subdivision provided that the 
 54.31  supplies and equipment are used in the course of providing 
 54.32  medical care.  Sales to a political subdivision of repair and 
 54.33  replacement parts for emergency rescue vehicles and fire trucks 
 54.34  and apparatus are exempt under this subdivision.  
 54.35     Sales to a political subdivision of machinery and 
 54.36  equipment, except for motor vehicles, used directly for mixed 
 55.1   municipal solid waste management services at a solid waste 
 55.2   disposal facility as defined in section 115A.03, subdivision 10, 
 55.3   are exempt under this subdivision.  
 55.4      Sales to political subdivisions of chore and homemaking 
 55.5   services to be provided to elderly or disabled individuals are 
 55.6   exempt. 
 55.7      Sales of telephone services to the department of 
 55.8   administration that are used to provide telecommunications 
 55.9   services through the intertechnologies revolving fund are exempt 
 55.10  under this subdivision. 
 55.11     This exemption shall not apply to building, construction or 
 55.12  reconstruction materials purchased by a contractor or a 
 55.13  subcontractor as a part of a lump-sum contract or similar type 
 55.14  of contract with a guaranteed maximum price covering both labor 
 55.15  and materials for use in the construction, alteration, or repair 
 55.16  of a building or facility.  This exemption does not apply to 
 55.17  construction materials purchased by tax exempt entities or their 
 55.18  contractors to be used in constructing buildings or facilities 
 55.19  which will not be used principally by the tax exempt entities. 
 55.20     This exemption does not apply to the leasing of a motor 
 55.21  vehicle as defined in section 297B.01, subdivision 5, except for 
 55.22  leases entered into by the United States or its agencies or 
 55.23  instrumentalities.  
 55.24     The tax imposed on sales to political subdivisions of the 
 55.25  state under this section applies to all political subdivisions 
 55.26  other than those explicitly exempted under this subdivision, 
 55.27  notwithstanding section 115A.69, subdivision 6, 116A.25, 
 55.28  360.035, 458A.09, 458A.30, 458D.23, 469.101, subdivision 2, 
 55.29  469.127, 473.394, 473.448, 473.545, or 473.608 or any other law 
 55.30  to the contrary enacted before 1992. 
 55.31     Sales exempted by this subdivision include sales made to 
 55.32  other states or political subdivisions of other states, if the 
 55.33  sale would be exempt from taxation if it occurred in that state, 
 55.34  but do not include sales under section 297A.01, subdivision 3, 
 55.35  paragraphs (c) and (e). 
 55.36     Sec. 67.  Minnesota Statutes 1994, section 298.39, is 
 56.1   amended to read: 
 56.2      298.39 [DISTRIBUTION OF PROCEEDS.] 
 56.3      The proceeds of the tax collected under section 298.35 
 56.4   shall be distributed by the state treasurer, upon certificate of 
 56.5   the commissioner of revenue to the general fund of the state and 
 56.6   to the various taxing districts in which the lands from which 
 56.7   the semitaconite was mined or quarried were located in the 
 56.8   following proportions:  22 percent thereof to the city or town; 
 56.9   50 percent thereof to the school district; 22 percent thereof to 
 56.10  the county; six percent thereof to the state.  If the mining and 
 56.11  concentration, or different steps in either thereof are carried 
 56.12  on in more than one taxing district, the commissioner shall 
 56.13  apportion equitably the proceeds of the part of the tax going to 
 56.14  cities or towns among such subdivisions, and the part going to 
 56.15  school districts among such districts, and the part going to 
 56.16  counties among such counties, upon the basis of attributing 40 
 56.17  percent of the proceeds of the tax to the operation of mining or 
 56.18  quarrying the semitaconite, and the remainder to the 
 56.19  concentrating plant and to the processes of concentration, and 
 56.20  with respect to each thereof giving due consideration to the 
 56.21  relative extent of such operations performed in each such taxing 
 56.22  district.  The commissioner's order making such apportionment 
 56.23  shall be subject to review by the tax court at the instance of 
 56.24  any of the interested taxing districts, in the same manner as 
 56.25  other orders of the commissioner.  The amount so distributed 
 56.26  shall be divided among the various funds of the state, or of the 
 56.27  taxing districts in the same proportion as the general ad 
 56.28  valorem tax thereof.  If in any year the state shall not spread 
 56.29  any general ad valorem tax levy against real property, the 
 56.30  state's proportion of the tax shall be paid into the general 
 56.31  fund.  On or before October 10 of each calendar year each 
 56.32  producer of semitaconite subject to taxation under section 
 56.33  298.35, hereinafter called "taxpayer," shall file with the 
 56.34  commissioner of revenue and with the county auditor of each 
 56.35  county in which such taxpayer operates, and with the chief 
 56.36  clerical officer of each school district or city which is 
 57.1   entitled to participate in the distribution of the tax, an 
 57.2   estimate of the amount of tax which would be payable by such 
 57.3   taxpayer under said law for such calendar year; provided such 
 57.4   estimate shall be in an amount not less than the amount due on 
 57.5   the mining and production of concentrates up to September 30 of 
 57.6   said year plus the amount becoming due because of probable 
 57.7   production between September 30 and December 31 of said year, 
 57.8   less any credit allowable as hereinafter provided.  Such 
 57.9   estimate shall list the taxing districts entitled to participate 
 57.10  in the distribution of such tax, and the amount of the estimated 
 57.11  tax which would be distributable to each such district in such 
 57.12  next ensuing calendar year on the basis of the last percentage 
 57.13  distribution certified by the commissioner of revenue.  If there 
 57.14  be no such prior certification, the taxpayer shall set forth its 
 57.15  estimate of the proper distribution of such tax under the law, 
 57.16  which estimate may be corrected by the commissioner on deeming 
 57.17  it improper, notice of such correction being given by the 
 57.18  commissioner to the taxpayer and the public officers receiving 
 57.19  such estimate.  The officers with whom such report is so filed 
 57.20  shall use the amount so indicated as being distributable to each 
 57.21  taxing district in computing the permissible tax levy of such 
 57.22  city in the year in which such estimate is made, and payable in 
 57.23  the next ensuing calendar year.  Such taxpayer shall then pay, 
 57.24  at the times payments are required to be made pursuant to 
 57.25  section 298.36, as the amount of tax payable under section 
 57.26  298.35, the greater of (a) the amount shown by such estimate, or 
 57.27  (b) the amount due under said section as finally determined by 
 57.28  the commissioner of revenue pursuant to law.  If, as a result of 
 57.29  the payment of the amount of such estimate, the taxpayer has 
 57.30  paid in any calendar year an amount of tax in excess of the 
 57.31  amount due in such year under section 298.35, after application 
 57.32  of credits for any excess payments made in previous years, all 
 57.33  as determined by the commissioner of revenue, the taxpayer shall 
 57.34  be given credit for such excess amount against any taxes which, 
 57.35  under said section, may become due from the taxpayer in 
 57.36  subsequent years.  In any calendar year in which a general 
 58.1   property tax levy subject to chapter 124 or 124A or section 
 58.2   136C.411 has been made, if the taxes distributable to any such 
 58.3   city or school district are greater than the amount estimated to 
 58.4   be paid to any such city or school district in such year, the 
 58.5   excess of such distribution shall be held in a special fund by 
 58.6   the city or school district and shall not be expended until the 
 58.7   succeeding calendar year, and shall be included in computing the 
 58.8   permissible levies under chapter 124 or 124A or section 136C.411 
 58.9   of such city or school district payable in such year.  If the 
 58.10  amounts distributable to any such city or school district, after 
 58.11  final determination by the commissioner of revenue under this 
 58.12  section are less than the amounts indicated by such estimates, 
 58.13  such city or school district may issue certificates of 
 58.14  indebtedness in the amount of the shortage, and may include in 
 58.15  its next tax levy, in excess of the limitations of chapters 124 
 58.16  and 124A and section 136C.411 an amount sufficient to pay such 
 58.17  certificates of indebtedness and interest thereon, or, if no 
 58.18  certificates were issued, an amount equal to such shortage. 
 58.19     There is hereby appropriated to such taxing districts as 
 58.20  are stated herein, from any fund or account in the state 
 58.21  treasury to which the money was credited, an amount sufficient 
 58.22  to make the payment or transfer. 
 58.23     Sec. 68.  Minnesota Statutes 1994, section 299L.07, 
 58.24  subdivision 8, is amended to read: 
 58.25     Subd. 8.  [LICENSE ACTIONS.] (a) The commissioner may not 
 58.26  issue or renew a license under this chapter, and shall revoke a 
 58.27  license under this chapter, if the applicant or licensee, or a 
 58.28  director, officer, partner, governor, person in a supervisory or 
 58.29  management position of the applicant or licensee, an employee 
 58.30  eligible to make sales on behalf of the applicant or licensee, 
 58.31  or direct or indirect holder of more than a five percent 
 58.32  financial interest in the applicant or licensee: 
 58.33     (1) has ever been convicted of a felony, or of a crime 
 58.34  involving gambling; 
 58.35     (2) has ever been convicted of (i) assault, (ii) a criminal 
 58.36  violation involving the use of a firearm, or (iii) making 
 59.1   terroristic threats; 
 59.2      (3) is or has ever connected with or engaged in an illegal 
 59.3   business; 
 59.4      (4) owes $500 or more in delinquent taxes as defined in 
 59.5   section 270.72; 
 59.6      (5) had a sales and use tax permit revoked by the 
 59.7   commissioner of revenue within the past two years; 
 59.8      (6) after demand, has not filed tax returns required by the 
 59.9   commissioner of revenue; or 
 59.10     (7) had a license or permit revoked or denied by another 
 59.11  jurisdiction for a violation of law or rule relating to gambling.
 59.12     The commissioner may deny or refuse to renew a license 
 59.13  under this chapter, and may revoke a license under this chapter, 
 59.14  if any of the conditions in this subdivision is applicable to an 
 59.15  affiliate of or a direct or indirect holder of more than a five 
 59.16  percent financial interest in the applicant or licensee. 
 59.17     (b) The commissioner may by order deny, suspend, revoke, 
 59.18  refuse to renew a license or premises permit, or censure a 
 59.19  licensee or applicant, if the commissioner finds that the order 
 59.20  is in the public interest and that the applicant or licensee, or 
 59.21  a director, officer, partner, person in a supervisory or 
 59.22  management position of the applicant of or licensee, or an 
 59.23  employee eligible to make sales on behalf of the applicant or 
 59.24  licensee: 
 59.25     (1) has violated or failed to comply with any provision of 
 59.26  this chapter, chapter 297E, or 349, or any rule adopted or order 
 59.27  issued thereunder; 
 59.28     (2) has filed an application for a license that is 
 59.29  incomplete in any material respect, or contains a statement 
 59.30  that, in light of the circumstances under which it was made, is 
 59.31  false, misleading, fraudulent, or a misrepresentation; 
 59.32     (3) has made a false statement in a document or report 
 59.33  required to be submitted to the director, the commissioner, or 
 59.34  the commissioner of revenue, or has made a false statement in a 
 59.35  statement made to the director or commissioner; 
 59.36     (4) has been convicted of a crime in another jurisdiction 
 60.1   that would be a felony if committed in Minnesota; 
 60.2      (5) is permanently or temporarily enjoined by any gambling 
 60.3   regulatory agency from engaging in or continuing any conduct or 
 60.4   practice involving any aspect of gambling; 
 60.5      (6) has had a gambling-related license revoked or 
 60.6   suspended, or has paid or been required to pay a monetary 
 60.7   penalty of $2,500 or more, by a gambling regulator in another 
 60.8   state or jurisdiction, or has violated or failed to comply with 
 60.9   an order of such a regulator that imposed those actions; 
 60.10     (7) has been the subject of any of the following actions by 
 60.11  the director or commissioner:  (i) had a license under this 
 60.12  chapter denied, suspended or revoked, (ii) been censured, 
 60.13  reprimanded, has paid or been required to pay a monetary penalty 
 60.14  or fine, or (iii) has been the subject of any other discipline 
 60.15  by the director; 
 60.16     (8) has engaged in conduct that is contrary to the public 
 60.17  health, welfare, or safety, or to the integrity of gambling; or 
 60.18     (9) based on the licensee's past activities or criminal 
 60.19  record, poses a threat to the public interest or to the 
 60.20  effective regulation and control of gambling, or creates or 
 60.21  enhances the danger of unsuitable, unfair, or illegal practices, 
 60.22  methods, and activities in the conduct of gambling or the 
 60.23  carrying on of the business and financial arrangements 
 60.24  incidental to the conduct of gambling. 
 60.25     Sec. 69.  Minnesota Statutes 1994, section 308A.135, 
 60.26  subdivision 3, is amended to read: 
 60.27     Subd. 3.  [CERTIFICATE.] (a) A certificate must be prepared 
 60.28  stating:  
 60.29     (1) the vote and meeting of the board adopting a resolution 
 60.30  of the proposed amendment; 
 60.31     (2) the notice given to members of the meeting that at 
 60.32  which the amendment was adopted; 
 60.33     (3) the quorum registered at the meeting; and 
 60.34     (4) the vote cast adopting the amendment.  
 60.35     (b) The certificate must be signed by the chair, 
 60.36  vice-chair, president, vice-president, secretary, or assistant 
 61.1   secretary and filed with the records of the cooperative.  
 61.2      Sec. 70.  Minnesota Statutes 1994, section 325D.01, 
 61.3   subdivision 1, is amended to read: 
 61.4      Subdivision 1.  [WORDS, TERMS, AND PHRASES.] Unless the 
 61.5   language or context clearly indicates that a different meaning 
 61.6   is intended, the words, terms, and phrases defined in this 
 61.7   section, for the purposes of sections 325D.02 to 325D.08 
 61.8   325D.07, shall be given the meanings subjoined to them. 
 61.9      Sec. 71.  Minnesota Statutes 1994, section 325D.69, 
 61.10  subdivision 2, is amended to read: 
 61.11     Subd. 2.  [MISDEMEANORS.] Any person, firm, or corporation, 
 61.12  whether as principal, agent, officer, or director, for itself, 
 61.13  or for another person, firm, or corporation, willfully violating 
 61.14  the provisions of sections 325D.03, 325D.04, and 325D.05 and 
 61.15  325D.08 shall be guilty of a misdemeanor.  
 61.16     Any person who, either as director, officer, or agent of 
 61.17  any firm or corporation or as agent of any person violating the 
 61.18  provisions of sections 325D.03, 325D.04, and 325D.05 and 
 61.19  325D.08, knowingly assists or aids directly or indirectly in 
 61.20  such violation shall be equally responsible therefor.  
 61.21     Sec. 72.  Minnesota Statutes 1994, section 325D.70, is 
 61.22  amended to read: 
 61.23     325D.70 [INJUNCTIVE RELIEF.] 
 61.24     In addition to the penalties provided in section 325D.69, 
 61.25  subdivision 2, the courts of this state are hereby vested with 
 61.26  jurisdiction to prevent and restrain violations of sections 
 61.27  325D.02 to 325D.07.  Any person, partnership, corporation, or 
 61.28  association damaged, or who is threatened with loss or injury, 
 61.29  by reason of a violation of these sections shall be entitled to 
 61.30  sue for and have injunctive relief in any court of competent 
 61.31  jurisdiction against any damage or threatened loss or injury by 
 61.32  reason of a violation thereof and for the amount of the actual 
 61.33  damages, if any.  In order to obtain such injunctive relief it 
 61.34  shall not be necessary to allege or prove that an adequate 
 61.35  remedy at law does not exist.  
 61.36     No person shall be excused from attending and testifying or 
 62.1   from producing books, papers, contracts, agreements, and 
 62.2   documents in any case or proceedings instituted or brought under 
 62.3   the provisions of sections 325D.02 to 325D.08 325D.07, 325D.69, 
 62.4   and this section, or in obedience to a subpoena, in any such 
 62.5   case or proceedings, on the ground or for the reason that the 
 62.6   testimony or evidence, documentary or otherwise, required of the 
 62.7   person may tend to criminate or subject the person to a penalty 
 62.8   or forfeiture; but no person shall be prosecuted or subjected to 
 62.9   any penalty or forfeiture for or on account of any transaction, 
 62.10  matter, or thing concerning which the person may testify, or 
 62.11  produce evidence, documentary or otherwise, in any such case or 
 62.12  proceedings, or in obedience to a subpoena, in any such case or 
 62.13  proceedings.  
 62.14     Sec. 73.  [REPEALER.] 
 62.15     Minnesota Statutes 1994, section 349.218, is repealed. 
 62.16     Sec. 74.  Minnesota Statutes 1994, section 349A.02, 
 62.17  subdivision 6, is amended to read: 
 62.18     Subd. 6.  [EMPLOYEES; BACKGROUND CHECKS.] The director 
 62.19  shall conduct background checks, or request the director of 
 62.20  gambling enforcement to conduct background checks, on all 
 62.21  prospective employees who are finalists, and shall require that 
 62.22  all employees of the lottery be fingerprinted.  No person may be 
 62.23  employed by the lottery who has been convicted of a felony or a 
 62.24  crime involving fraud or misrepresentation within five years of 
 62.25  starting employment with the lottery, or has ever been convicted 
 62.26  of a gambling-related offense.  The director has access to all 
 62.27  criminal history data compiled by the lottery division of 
 62.28  gambling enforcement on employees and prospective employees of 
 62.29  the lottery.  The director may employ necessary persons pending 
 62.30  the completion of a background check. 
 62.31     Sec. 75.  Minnesota Statutes 1994, section 352.75, 
 62.32  subdivision 6, is amended to read: 
 62.33     Subd. 6.  [INCREASE IN EXISTING ANNUITIES AND BENEFITS.] 
 62.34  All persons receiving retirement allowances or annuities, 
 62.35  disability benefits, survivorship annuities and survivor of 
 62.36  deceased active employee benefits from the former metropolitan 
 63.1   transit commission-transit operating division employees 
 63.2   retirement fund on December 31, 1977, and on July 1, 1978, are 
 63.3   entitled to have the allowances, annuities, or benefits 
 63.4   increased by an amount equal to $20 per month.  Notwithstanding 
 63.5   section 356.18, Increases in payments under this subdivision 
 63.6   must be made automatically unless the intended recipient files 
 63.7   written notice with the executive director of the Minnesota 
 63.8   state retirement system requesting that the increase not be 
 63.9   made.  If any actuarial reduction or adjustment was applied to 
 63.10  the retirement allowance or annuity, disability benefit, 
 63.11  survivorship annuity, or survivor of deceased active employee 
 63.12  benefit, the increase specified in this subdivision must be 
 63.13  similarly reduced or adjusted.  Upon the death of any person 
 63.14  receiving an annuity or benefit if the person elected a joint 
 63.15  and survivor optional annuity the survivor is entitled to the 
 63.16  continued receipt of the increase provided for under this 
 63.17  subdivision, but the increase must be reduced or adjusted in 
 63.18  accordance with the optional annuity election.  
 63.19     Sec. 76.  Minnesota Statutes 1994, section 352B.26, 
 63.20  subdivision 3, is amended to read: 
 63.21     Subd. 3.  [VALUATION OF ASSETS; ADJUSTMENT OF BENEFITS.] 
 63.22  (a) For former members beginning receipt of annuities and 
 63.23  qualified recipients of joint and survivor annuities and 
 63.24  surviving spouse benefits, the required reserves must be 
 63.25  determined in accordance with the appropriate mortality table 
 63.26  adopted by the board of directors of the Minnesota state 
 63.27  retirement system based on the experience of the fund as 
 63.28  recommended by the commission-retained actuary and using the 
 63.29  interest assumption specified in section 356.215, subdivision 
 63.30  4d.  Assets representing the required reserves for these 
 63.31  annuities must be transferred to the Minnesota postretirement 
 63.32  investment fund as of the last business day of the month in 
 63.33  which the retirement annuity begins as specified in section 
 63.34  11A.18.  
 63.35     (b) Annuity payments must be adjusted in accordance with 
 63.36  section 11A.18. 
 64.1      (c) Notwithstanding section 356.18, An increase in annuity 
 64.2   payments under this section must be made automatically unless 
 64.3   written notice is filed by the annuitant with the executive 
 64.4   director of the Minnesota state retirement system requesting 
 64.5   that the increase not be made.  
 64.6      Sec. 77.  Minnesota Statutes 1994, section 353.271, 
 64.7   subdivision 2, is amended to read: 
 64.8      Subd. 2.  [VALUATION OF ASSETS; ADJUSTMENT OF BENEFITS.] 
 64.9   (1) The required reserves for retirement annuities payable as 
 64.10  provided in this chapter other than those payable from the 
 64.11  various local relief association consolidation accounts, as 
 64.12  determined in accordance with the appropriate mortality table 
 64.13  adopted by the board of trustees based on the experience of the 
 64.14  fund as recommended by the actuary retained by the legislative 
 64.15  commission on pensions and retirement, and using the 
 64.16  postretirement interest assumption specified in section 356.215, 
 64.17  subdivision 4d, shall be transferred to the Minnesota 
 64.18  postretirement investment fund as of the last business day of 
 64.19  the month in which the retirement annuity begins.  
 64.20     (2) Annuity payments other than those payable from the 
 64.21  various local relief association consolidation accounts shall be 
 64.22  adjusted in accordance with the provisions of section 11A.18.  
 64.23     (3) Notwithstanding section 356.18, Increases in payments 
 64.24  pursuant to this section or from the various local relief 
 64.25  association consolidation accounts, if applicable, will be made 
 64.26  automatically unless the intended recipient files written notice 
 64.27  with the executive director of the public employees retirement 
 64.28  association requesting that the increase shall not be made. 
 64.29     Sec. 78.  Minnesota Statutes 1994, section 353.84, is 
 64.30  amended to read: 
 64.31     353.84 [INCREASE IN BENEFITS.] 
 64.32     All survivors and disabilitants who were receiving benefits 
 64.33  on June 30, 1973, shall receive from the appropriate special 
 64.34  fund, a 25 percent increase in such benefits accruing from 
 64.35  January 1, 1974; provided, that survivors of members who died 
 64.36  prior to July 1, 1973 and will not become eligible to receive 
 65.1   benefits until after June 30, 1973, shall receive the 25 percent 
 65.2   increase in such benefits when the benefits begin to accrue.  
 65.3   Such increases shall not be affected by any maximum limitations 
 65.4   otherwise provided in this chapter.  
 65.5      Notwithstanding section 356.18, Increases in payments 
 65.6   pursuant to this section will be made automatically unless the 
 65.7   intended recipient files written notice with the public 
 65.8   employees retirement association requesting that the increase 
 65.9   shall not be made.  
 65.10     Sec. 79.  Minnesota Statutes 1995 Supplement, section 
 65.11  354.05, subdivision 5, is amended to read: 
 65.12     Subd. 5.  [MEMBER OF THE ASSOCIATION.] "Member of the 
 65.13  association" means every teacher who contributes to the teachers 
 65.14  retirement fund as provided in this chapter who has not retired, 
 65.15  except a teacher covered by section 354B.02, subdivision 2 or 3, 
 65.16  who elects to participate in the individual retirement account 
 65.17  plan under chapter 354B, or a teacher who exercises an option to 
 65.18  elect coverage under another public pension plan enumerated in 
 65.19  section 356.30, subdivision 3.  Any former member of the 
 65.20  association who is retired and subsequently resumes teaching 
 65.21  service is a member of the association only for purposes of 
 65.22  social security coverage. 
 65.23     Sec. 80.  Minnesota Statutes 1994, section 354.094, as 
 65.24  amended by Laws 1995, chapter 141, article 3, section 20, is 
 65.25  amended to read: 
 65.26     354.094 [EXTENDED LEAVES OF ABSENCE.] 
 65.27     Subdivision 1.  [SERVICE CREDIT CONTRIBUTIONS.] Before the 
 65.28  end of the fiscal year during which any extended leave of 
 65.29  absence is granted pursuant to section 125.60 or 136.88 136F.43, 
 65.30  the employing unit granting the leave must certify the leave to 
 65.31  the association on a form specified by the executive director.  
 65.32  A member granted an extended leave of absence pursuant to 
 65.33  section 125.60 or 136.88 136F.43 may pay employee contributions 
 65.34  and receive allowable service credit toward annuities and other 
 65.35  benefits under this chapter, for each year of the leave provided 
 65.36  the member and the employing board make the required employer 
 66.1   contribution in any proportion they may agree upon, during the 
 66.2   period of the leave which shall not exceed five years.  A member 
 66.3   may not receive more than five years of allowable service credit 
 66.4   under this section.  The employee and employer contributions 
 66.5   must be based upon the rates of contribution prescribed by 
 66.6   section 354.42 for the salary received during the year 
 66.7   immediately preceding the extended leave.  Payments for the 
 66.8   years for which a member is receiving service credit while on 
 66.9   extended leave must be made on or before the later of June 30 of 
 66.10  each fiscal year for which service credit is received or within 
 66.11  30 days after first notification of the amount due, if requested 
 66.12  by the member, is given by the association.  No payment is 
 66.13  permitted after the following September 30.  Payments received 
 66.14  after June 30 must include interest at an annual rate of 8.5 
 66.15  percent from June 30 through the end of the month in which 
 66.16  payment is received.  Notwithstanding the provisions of any 
 66.17  agreements to the contrary, employee and employer contributions 
 66.18  may not be made to receive allowable service credit if the 
 66.19  member does not have full reinstatement rights as provided in 
 66.20  section 125.60 or 136.88 136F.43, both during and at the end of 
 66.21  the extended leave. 
 66.22     Subd. 2.  [MEMBERSHIP; RETENTION.] Notwithstanding section 
 66.23  354.49, subdivision 4, clause (3), a member on extended leave 
 66.24  whose employee and employer contributions are paid into the fund 
 66.25  pursuant to subdivision 1 shall retain membership in the 
 66.26  association for as long as the contributions are paid, under the 
 66.27  same terms and conditions as if the member had continued to 
 66.28  teach in the district, the community college system, or the 
 66.29  state university system. 
 66.30     Subd. 3.  [EFFECT OF NONPAYMENT.] A member on extended 
 66.31  leave of absence pursuant to section 125.60 or 136.88 136F.43 
 66.32  who does not pay employee contributions or whose employer 
 66.33  contribution is not paid into the fund in any year shall be 
 66.34  deemed to cease to render teaching services beginning in that 
 66.35  year for purposes of this chapter and may not pay employee or 
 66.36  employer contributions into the fund in any subsequent year of 
 67.1   the leave.  Nonpayment of contributions into the fund shall not 
 67.2   affect the rights or obligations of the member or the member's 
 67.3   employer under section 125.60 or 136.88 136F.43. 
 67.4      Subd. 4.  A member who pays employee contributions into the 
 67.5   fund for the agreed maximum duration of an extended leave and 
 67.6   who does not resume teaching in the first school year after that 
 67.7   maximum duration has elapsed shall be deemed to cease to render 
 67.8   teaching services beginning in that year for purposes of this 
 67.9   chapter. 
 67.10     Subd. 5.  The provisions of this section shall not apply to 
 67.11  a member who is discharged or placed on unrequested leave of 
 67.12  absence or retrenchment or layoff or whose contract is 
 67.13  terminated while the member is on an extended leave of absence 
 67.14  pursuant to section 125.60 or 136.88 136F.43.  
 67.15     Subd. 6.  A member who pays employee contributions and 
 67.16  receives allowable service credit in the association pursuant to 
 67.17  this section may not pay employee contributions or receive 
 67.18  allowable service credit for the same fiscal year in any other 
 67.19  Minnesota public employee pension plan, except a volunteer 
 67.20  firefighters' relief association governed by sections 69.771 to 
 67.21  69.776.  This subdivision shall not be construed to prohibit a 
 67.22  member who pays employee contributions and receives allowable 
 67.23  service credit in the association pursuant to this section in 
 67.24  any year from being employed as a substitute teacher by any 
 67.25  school district during that year.  Notwithstanding the 
 67.26  provisions of sections 354.091 and 354.42, a teacher may not pay 
 67.27  retirement contributions or receive allowable service credit in 
 67.28  the association for teaching service rendered for any part of 
 67.29  any year for which the teacher pays retirement contributions or 
 67.30  receives allowable service credit pursuant to this section or 
 67.31  section 354A.091 while on an extended leave of absence pursuant 
 67.32  to section 125.60. 
 67.33     Sec. 81.  Minnesota Statutes 1994, section 354.53, 
 67.34  subdivision 1, is amended to read: 
 67.35     Subdivision 1.  [EMPLOYEE AND EMPLOYER CONTRIBUTIONS.] Any 
 67.36  employee given a leave of absence to enter military service and 
 68.1   who returns to teaching service upon discharge from military 
 68.2   service as provided in section 192.262, shall obtain credit for 
 68.3   the period of military service but shall not receive credit for 
 68.4   any voluntary extension of military service at the instance of 
 68.5   the member beyond the initial period of enlistment, induction or 
 68.6   call to active duty.  The member shall obtain credit by paying 
 68.7   into the fund an employee contribution based upon the salary of 
 68.8   the member at the date of return from military service.  The 
 68.9   amount of this contribution shall be as follows: 
 68.10     
 68.11         Period          Basic Member     Coordinated Member
 68.12       July 1, 1973       8 percent          4 percent
 68.13          thru
 68.14       June 30, 1979
 68.15       July 1, 1979
 68.16          and             8.5 percent        4.5 percent
 68.17       thereafter
 68.18     The contributions specified in this subdivision shall be 
 68.19  multiplied by the number of years of military service together 
 68.20  with interest thereon at an annual rate of 8.5 percent 
 68.21  compounded annually from the time the military service was 
 68.22  rendered to the first date of payment.  The employer 
 68.23  contribution and additional contribution provided in section 
 68.24  354.42 shall be paid by the unit in the manner provided in 
 68.25  section 354.43 354.52, subdivision 4. 
 68.26     Sec. 82.  Minnesota Statutes 1994, section 354.55, 
 68.27  subdivision 14, is amended to read: 
 68.28     Subd. 14.  All annuities payable from the Minnesota 
 68.29  postretirement investment fund which are in effect on June 30, 
 68.30  1973 shall be increased in the same ratio that the actuarially 
 68.31  computed reserve for such annuities determined by using an 
 68.32  interest assumption of 3-1/2 percent bears to the actuarially 
 68.33  computed reserve for such annuities determined by using an 
 68.34  interest assumption of five percent.  The reserves upon which 
 68.35  such increases shall be based shall be the actuarially 
 68.36  determined reserves for all Minnesota postretirement investment 
 69.1   fund annuities which were in effect on June 30, 1972, in 
 69.2   accordance with the mortality assumptions then in effect and at 
 69.3   interest assumptions of 3-1/2 percent and five percent.  Such 
 69.4   ratio of increase computed to the last full 1/100 of one percent 
 69.5   shall be applied to all annuities payable from the Minnesota 
 69.6   postretirement investment fund which are in effect on June 30, 
 69.7   1973.  Notwithstanding the provisions of section 356.18, 
 69.8   Increases in annuity payments pursuant to this subdivision will 
 69.9   be made automatically unless written notice is filed by the 
 69.10  annuitant with the teachers retirement association board 
 69.11  requesting that the increase shall not be made. 
 69.12     Sec. 83.  Minnesota Statutes 1994, section 354.55, 
 69.13  subdivision 15, is amended to read: 
 69.14     Subd. 15.  Notwithstanding the maximum benefit provisions 
 69.15  of section 354.46, subdivision 1, all benefits and annuities 
 69.16  payable pursuant to sections 354.48; 354.46, subdivision 1 and 
 69.17  Laws 1915, chapter 199, as amended, which are in effect on June 
 69.18  30, 1973 shall be increased 25 percent.  Such increase shall 
 69.19  begin to accrue January 1, 1974.  Notwithstanding the provisions 
 69.20  of section 356.18, Increases in benefit and annuity payments 
 69.21  pursuant to this subdivision will be made automatically unless 
 69.22  written notice is filed by the annuitant with the teachers 
 69.23  retirement association board requesting that the increase shall 
 69.24  not be made. 
 69.25     Sec. 84.  Minnesota Statutes 1995 Supplement, section 
 69.26  354.63, subdivision 2, is amended to read: 
 69.27     Subd. 2.  [VALUATION OF ASSETS; ADJUSTMENT OF BENEFITS.] 
 69.28  (1) The required reserves for retirement annuities as determined 
 69.29  in accordance with this chapter shall be transferred to the 
 69.30  Minnesota postretirement investment fund as of the last business 
 69.31  day of the month in which the retirement annuity begins.  The 
 69.32  required reserves shall be determined in accordance with the 
 69.33  appropriate annuity table of mortality adopted by the board of 
 69.34  trustees as provided in section 354.07, subdivision 1, based on 
 69.35  the experience of the fund as recommended by the 
 69.36  commission-retained actuary and using the interest assumption 
 70.1   specified in section 356.215, subdivision 4d.  
 70.2      (2) Annuity payments shall be adjusted in accordance with 
 70.3   the provisions of section 11A.18.  In making these adjustments, 
 70.4   members who retire effective July 1 shall be considered to have 
 70.5   retired effective the preceding June 30.  This section applies 
 70.6   to persons who retired effective July 1, 1982, or later.  
 70.7      (3) Notwithstanding section 356.18, An increase in annuity 
 70.8   payments pursuant to this section will be made automatically 
 70.9   unless written notice is filed by the annuitant with the 
 70.10  executive director of the teachers retirement association 
 70.11  requesting that the increase shall not be made. 
 70.12     Sec. 85.  Minnesota Statutes 1994, section 354.66, 
 70.13  subdivision 1, is amended to read: 
 70.14     Subdivision 1.  [TEACHERS, DEFINED.] As used in this 
 70.15  section, the term "teachers" shall have the meaning given it in 
 70.16  section 125.03, subdivision 1, except that the term shall not 
 70.17  include superintendents.  The term shall also have the meaning 
 70.18  given it in section 136.88 136F.43, subdivision 1. 
 70.19     Sec. 86.  Minnesota Statutes 1994, section 354.66, 
 70.20  subdivision 6, is amended to read:  
 70.21     Subd. 6.  [INSURANCE.] A board of an employing district 
 70.22  entering into an agreement authorized by this section shall take 
 70.23  all steps necessary to assure continuance of any insurance 
 70.24  programs furnished or authorized a full time teacher on an 
 70.25  identical basis and with identical sharing of costs for a part 
 70.26  time teacher pursuant to this section, provided, however, that 
 70.27  the requirements of this sentence may be modified by a 
 70.28  collective bargaining agreement between a board and an exclusive 
 70.29  representative pursuant to chapter 179.  Notwithstanding the 
 70.30  provisions of section 43A.25, Teachers as defined in section 
 70.31  136.88 136F.43 employed on a less than 75 percent time basis 
 70.32  pursuant to this section shall be eligible for state paid 
 70.33  insurance benefits as if the teachers were employed full time. 
 70.34     Sec. 87.  Minnesota Statutes 1994, section 354A.092, is 
 70.35  amended to read: 
 70.36     354A.092 [SABBATICAL LEAVE.] 
 71.1      Any teacher in the coordinated program of either the 
 71.2   Minneapolis teachers retirement fund association or the St.  
 71.3   Paul teachers retirement fund association or any teacher in the 
 71.4   new law coordinated program of the Duluth teachers retirement 
 71.5   fund association who is granted a sabbatical leave shall be 
 71.6   entitled to receive allowable service credit in the applicable 
 71.7   association for periods of sabbatical leave.  To obtain the 
 71.8   service credit, the teacher on sabbatical leave shall make an 
 71.9   employee contribution to the applicable association.  No teacher 
 71.10  shall be entitled to receive more than three years of allowable 
 71.11  service credit pursuant to this section for a period or periods 
 71.12  of sabbatical leave during any ten consecutive fiscal or 
 71.13  calendar years, whichever is the applicable plan year for the 
 71.14  teachers retirement fund association.  If the teacher granted a 
 71.15  sabbatical leave makes the employee contribution for a period of 
 71.16  sabbatical leave pursuant to this section, the employing unit 
 71.17  shall make an employer contribution on behalf of the teacher to 
 71.18  the applicable association for that period of sabbatical leave 
 71.19  in the manner described in section 354.43, subdivisions 1 and 
 71.20  5 354A.12, subdivision 2a.  The employee and employer 
 71.21  contributions shall be in an amount equal to the employee and 
 71.22  employer contribution rates in effect for other active members 
 71.23  of the association covered by the same program applied to a 
 71.24  salary figure equal to the teacher's actual covered salary for 
 71.25  the plan year immediately preceding the sabbatical leave 
 71.26  period.  Payment of the employee contribution authorized 
 71.27  pursuant to this section shall be made by the teacher on or 
 71.28  before June 30 of year next following the year in which the 
 71.29  sabbatical leave terminated and shall be made without interest.  
 71.30  For sabbatical leaves taken after June 30, 1986, the required 
 71.31  employer contributions shall be paid by the employing unit 
 71.32  within 30 days after notification by the association of the 
 71.33  amount due.  If the employee contributions for the sabbatical 
 71.34  leave period are less than an amount equal to the applicable 
 71.35  contribution rate applied to a salary figure equal to the 
 71.36  teacher's actual covered salary for the plan year immediately 
 72.1   preceding the sabbatical leave period, service credit shall be 
 72.2   prorated.  The prorated service credit shall be determined by 
 72.3   the ratio between the amount of the actual payment which was 
 72.4   made and the full contribution amount payable pursuant to this 
 72.5   section. 
 72.6      Sec. 88.  Minnesota Statutes 1994, section 354A.093, is 
 72.7   amended to read: 
 72.8      354A.093 [MILITARY SERVICE CREDIT.] 
 72.9      Any teacher in the coordinated program of either the 
 72.10  Minneapolis teachers retirement fund association or the St.  
 72.11  Paul teachers retirement fund association or any teacher in the 
 72.12  new law coordinated program of the Duluth teachers retirement 
 72.13  fund association who is granted a leave of absence to enter 
 72.14  military service and who returns to active teaching service upon 
 72.15  discharge from military service as provided in section 192.262, 
 72.16  shall be entitled to receive allowable service credit in the 
 72.17  applicable association for all or a portion of the period of 
 72.18  military service but not for any voluntary extension of military 
 72.19  service beyond the initial period of enlistment, induction or 
 72.20  call to active duty which occurred at the instance of the 
 72.21  teacher.  If the teacher granted the military service leave of 
 72.22  absence makes the employee contribution for a period of military 
 72.23  service leave of absence pursuant to this section, the employing 
 72.24  unit shall make an employer contribution on behalf of the 
 72.25  teacher to the applicable association for the period of the 
 72.26  military service leave of absence in the manner described in 
 72.27  section 354.43, subdivisions 1 and 5 354A.12, subdivision 2a.  
 72.28  The employee and employer contributions shall be in an amount 
 72.29  equal to the employee and employer contribution rates in effect 
 72.30  for other active members of the association covered by the same 
 72.31  program applied to a salary figure equal to the teacher's annual 
 72.32  salary rate at the date of return from military service, 
 72.33  multiplied by the number of years constituting the period of the 
 72.34  military service leave of absence which the teacher seeks to 
 72.35  purchase.  Payment shall include interest on the amount payable 
 72.36  pursuant to this section at the rate of six percent compounded 
 73.1   annually from the year the military service was rendered to the 
 73.2   date of payment.  If the payments made by a teacher pursuant to 
 73.3   this section are less than an amount equal to the applicable 
 73.4   contribution rate applied to a salary figure equal to the 
 73.5   teacher's annual salary rate at the date of return from military 
 73.6   service, multiplied by the number of years constituting the 
 73.7   period of the military service leave of absence, service credit 
 73.8   shall be prorated.  The prorated service credit shall be 
 73.9   determined by the ratio between the amount of the actual payment 
 73.10  which was made and the full contribution amount payable pursuant 
 73.11  to this section.  In order to be entitled to receive service 
 73.12  credit under this section, payment shall be made within five 
 73.13  years from the date of discharge from military service. 
 73.14     Sec. 89.  Minnesota Statutes 1995 Supplement, section 
 73.15  354A.094, subdivision 4, is amended to read: 
 73.16     Subd. 4.  [RETIREMENT CONTRIBUTIONS.] Notwithstanding any 
 73.17  provision to the contrary in this chapter or the articles of 
 73.18  incorporation or bylaws of an association relating to the salary 
 73.19  figure to be used for the determination of contributions or the 
 73.20  accrual of service credit, a teacher assigned to a part-time 
 73.21  position under this section shall continue to make employee 
 73.22  contributions to and to accrue allowable service credit in the 
 73.23  applicable association during the period of part-time employment 
 73.24  on the same basis and in the same amounts as would have been 
 73.25  paid and accrued if the teacher had been employed on a full-time 
 73.26  basis provided that, prior to June 30 each year the member and 
 73.27  the employing board make that portion of the required employer 
 73.28  contribution to the applicable association in any proportion 
 73.29  which they may agree upon, that is based on the difference 
 73.30  between the amount of compensation that would have been paid if 
 73.31  the teacher had been employed on a full-time basis and the 
 73.32  amount of compensation actually received by the teacher for 
 73.33  services rendered in the part-time assignment.  The employer 
 73.34  contributions to the applicable association on behalf of the 
 73.35  teacher shall be based on the amount of compensation actually 
 73.36  received by the teacher for the services rendered in the 
 74.1   part-time assignment in the manner described in section 354.43 
 74.2   354A.12, subdivision 3 2a.  The employee and employer 
 74.3   contributions shall be based upon the rates of contribution 
 74.4   prescribed by section 354A.12.  Full membership, accrual of 
 74.5   allowable service credit and employee contributions for 
 74.6   part-time teaching service by a teacher pursuant to this section 
 74.7   and section 354.66 shall not continue for a period longer than 
 74.8   ten years.  
 74.9      Sec. 90.  Minnesota Statutes 1995 Supplement, section 
 74.10  354D.01, subdivision 2, is amended to read: 
 74.11     Subd. 2.  [INDIVIDUAL RETIREMENT ACCOUNT PLAN OR PLAN.] 
 74.12  "Individual retirement account plan" or "plan" means the 
 74.13  individual retirement account plan established by sections 
 74.14  354B.01 354B.20 to 354B.05 354B.30. 
 74.15     Sec. 91.  Minnesota Statutes 1995 Supplement, section 
 74.16  354D.06, is amended to read: 
 74.17     354D.06 [ADMINISTRATION.] 
 74.18     The Minnesota state university system or its successor 
 74.19  shall administer the individual retirement account plan for 
 74.20  eligible employees in accordance with sections 354B.01 354B.20 
 74.21  to 354B.05 354B.30. 
 74.22     Sec. 92.  Minnesota Statutes 1994, section 355.391, 
 74.23  subdivision 1, is amended to read: 
 74.24     Subdivision 1.  [TERMS.] Unless the context indicates 
 74.25  otherwise, for the purposes of this section and sections section 
 74.26  355.392 and 490.129, the terms defined in this section shall 
 74.27  have the meanings given to them.  
 74.28     Sec. 93.  Minnesota Statutes 1994, section 355.392, 
 74.29  subdivision 2, is amended to read: 
 74.30     Subd. 2.  [EMPLOYER CONTRIBUTIONS.] For services by judges 
 74.31  referred to in subdivision 1, clause (b), the state court 
 74.32  administrator shall pay into the contribution fund established 
 74.33  pursuant to section 355.04, an employer contribution on wages 
 74.34  equal the employer tax rate imposed by the Federal Insurance 
 74.35  Contributions Act.  
 74.36     Sec. 94.  Minnesota Statutes 1994, section 355.392, 
 75.1   subdivision 3, is amended to read: 
 75.2      Subd. 3.  [EMPLOYEE CONTRIBUTIONS.] For services by judges 
 75.3   referred to in subdivision 1, clause (b), the judge shall 
 75.4   pay into the contribution fund established pursuant to section 
 75.5   355.04, an employee contribution on wages equal to the employee 
 75.6   tax rate imposed by the Federal Insurance Contributions Act.  
 75.7   The contribution must be made by payroll deduction.  
 75.8      Sec. 95.  Minnesota Statutes 1994, section 356.86, 
 75.9   subdivision 2, is amended to read: 
 75.10     Subd. 2.  [AMOUNT OF POSTRETIREMENT ADJUSTMENT; PAYMENT.] 
 75.11  (a) For any person receiving an annuity or benefit on November 
 75.12  30, 1989, and entitled to receive a postretirement adjustment 
 75.13  under subdivision 1, the postretirement adjustment is a lump sum 
 75.14  payment calculated under paragraph (b) or (c). 
 75.15     (b) For coordinated plan annuity or benefit recipients, the 
 75.16  postretirement adjustment in 1989 is $25 for each full year of 
 75.17  allowable service credited to the person by the respective 
 75.18  retirement fund.  In 1990 and each following year, the 
 75.19  postretirement adjustment is the amount payable in the preceding 
 75.20  year increased by the same percentage applied to regular 
 75.21  annuities paid from the postretirement fund or, for the 
 75.22  retirement funds specified in subdivision 3, clauses (6), (7), 
 75.23  and (8), by the same percentage applied under the articles of 
 75.24  incorporation and bylaws of these funds. 
 75.25     (c) For basic plan annuity or benefit recipients, the 
 75.26  postretirement adjustment in 1989 is the greater of: 
 75.27     (1) $25 for each full year of allowable service credited to 
 75.28  the person by the respective retirement fund; or 
 75.29     (2) the difference between: 
 75.30     (i) the product of $400 times the number of full years of 
 75.31  allowable service credited to the person by the respective 
 75.32  retirement fund; and 
 75.33     (ii) the sum of the benefits payable to the person from any 
 75.34  Minnesota public employee pension plan, and cash benefits 
 75.35  payable to the person from the Social Security Administration. 
 75.36     In 1990 and each following year, each eligible basic plan 
 76.1   annuity or benefit recipient shall receive the amount received 
 76.2   in the preceding year increased by the same percentage applied 
 76.3   to regular annuities paid from the postretirement fund or, for 
 76.4   the retirement funds specified in subdivision 3, clauses (6), 
 76.5   (7), and (8), by the same percentage applied under the articles 
 76.6   of incorporation and bylaws of these funds. 
 76.7      (d) The postretirement adjustment provided for in this 
 76.8   section is payable for those persons receiving an annuity or 
 76.9   benefit on November 30, 1989, on December 1, 1989.  In 
 76.10  subsequent years, the adjustment must be paid on December 1 to 
 76.11  those persons receiving an annuity or benefit on the preceding 
 76.12  November 30.  A person who is eligible may elect to participate 
 76.13  in an optional annuity or benefit receipt schedule under 
 76.14  subdivision 4.  This section does not authorize the payment of a 
 76.15  postretirement adjustment to an estate if the annuity or benefit 
 76.16  recipient dies before the November 30 eligibility date.  
 76.17  Notwithstanding section 356.18, The postretirement adjustment 
 76.18  provided for in this section must be paid automatically unless 
 76.19  the intended recipient files a written notice with the 
 76.20  retirement fund requesting that the postretirement adjustment 
 76.21  not be paid or returns the amount of adjustment to the 
 76.22  retirement fund.  Written notice of the waiver of the 
 76.23  postretirement adjustment is irrevocable for the year during 
 76.24  which it was made. 
 76.25     Sec. 96.  Minnesota Statutes 1994, section 356.865, 
 76.26  subdivision 2, is amended to read: 
 76.27     Subd. 2.  [AMOUNT OF PAYMENT.] (a) For any person receiving 
 76.28  an annuity or benefit on November 30, 1991, and entitled to 
 76.29  receive a supplemental benefit lump sum payment under 
 76.30  subdivision 1, the payment is $28 for each full year of 
 76.31  allowable service credited to the person by the retirement fund. 
 76.32     In 1992 and each following year, each eligible benefit 
 76.33  recipient shall receive the amount received in the preceding 
 76.34  year increased by the same percentage applied on the most recent 
 76.35  January 1 to regular annuities paid from the Minneapolis 
 76.36  employees retirement fund. 
 77.1      (b) The payment provided for in this section is payable on 
 77.2   December 1, 1991, to those persons receiving an annuity or 
 77.3   benefit on November 30, 1991.  In subsequent years, the payment 
 77.4   must be made on December 1 to those persons receiving an annuity 
 77.5   or benefit on the preceding November 30.  This section does not 
 77.6   authorize payment to an estate if the annuity or benefit 
 77.7   recipient dies before the November 30 eligibility date.  
 77.8   Notwithstanding section 356.18, The payment provided for in this 
 77.9   section must be paid automatically unless the intended recipient 
 77.10  files a written notice with the retirement fund requesting that 
 77.11  it not be paid. 
 77.12     Sec. 97.  Minnesota Statutes 1994, section 402.01, 
 77.13  subdivision 1, is amended to read: 
 77.14     Subdivision 1.  One or more contiguous counties situated 
 77.15  within the boundaries of the same region designated pursuant to 
 77.16  sections 462.381 to 462.396 or section 473.122 473.121, 
 77.17  subdivision 2, may, by resolution of their county boards of 
 77.18  commissioners, designate a human services board having the 
 77.19  composition, powers, and duties provided in sections 402.01 to 
 77.20  402.10. 
 77.21     Sec. 98.  Minnesota Statutes 1994, section 422A.06, 
 77.22  subdivision 5, is amended to read: 
 77.23     Subd. 5.  [TRANSFER OF RESERVES TO RETIREMENT BENEFIT FUND; 
 77.24  ADJUSTMENTS OF ANNUITIES AND BENEFITS.] (a) Assets equal to the 
 77.25  required reserves for retirement annuities as determined in 
 77.26  accordance with the appropriate mortality table adopted by the 
 77.27  board of trustees based on the experience of the fund as 
 77.28  recommended by the commission-retained actuary and using the 
 77.29  postretirement interest assumption specified in section 356.215, 
 77.30  subdivision 4d, shall be transferred to the disability benefit 
 77.31  fund as provided in subdivision 7, or the retirement benefit 
 77.32  fund, except for any amounts payable from the survivor benefit 
 77.33  fund, as of date of retirement. 
 77.34     (b) Annuity payments shall be adjusted in accordance with 
 77.35  this chapter, except that no minimum retirement payments 
 77.36  described in this chapter shall include any amounts payable from 
 78.1   the survivors' benefit fund or disability benefit fund and 
 78.2   supplemented benefits specifically financed by statute. 
 78.3      (c) Notwithstanding the provisions of section 356.18, 
 78.4   Increases in annuity payments pursuant to this section shall be 
 78.5   made automatically unless written notice on a form prescribed by 
 78.6   the board is filed with the retirement board requesting that the 
 78.7   increase not be made. 
 78.8      (d) Any additional annuity which began to accrue on July 1, 
 78.9   1973, or which began to accrue on January 1, 1974, pursuant to 
 78.10  Laws 1973, chapter 770, section 1, shall be considered as part 
 78.11  of the base amount to be used in determining any postretirement 
 78.12  adjustments payable pursuant to the provisions of subdivision 8. 
 78.13     Sec. 99.  Minnesota Statutes 1994, section 462A.07, 
 78.14  subdivision 14, is amended to read: 
 78.15     Subd. 14.  [AMERICAN INDIANS.] (a) It may engage in housing 
 78.16  programs for low- and moderate-income American Indians developed 
 78.17  and administered separately or in combination by the Minnesota 
 78.18  Chippewa tribe, the Red Lake band of Chippewa Indians, and the 
 78.19  Sioux communities as determined by such tribe, band, or 
 78.20  communities.  In furtherance of the policy of economic 
 78.21  integration stated in section 462A.02, subdivision 6, it may 
 78.22  engage in housing programs for American Indians who intend to 
 78.23  reside on reservations and who are not persons of low and 
 78.24  moderate income, provided that the aggregate dollar amount of 
 78.25  the loans for each lender's fiscal year shall not exceed an 
 78.26  amount equal to 25 percent of the total dollar amount of all 
 78.27  loans made by that lender during the lender's fiscal year at the 
 78.28  time of loan application.  In developing such housing programs, 
 78.29  the tribe, band, or communities shall take into account the 
 78.30  housing needs of all American Indians residing both on and off 
 78.31  reservations within the state.  A plan for each such program, 
 78.32  which specifically describes the program content, utilization of 
 78.33  funds, administration, operation, implementation and other 
 78.34  matter, as determined by the agency, must be submitted to the 
 78.35  agency for its review and approval prior to the making of 
 78.36  eligible loans pursuant to section 462A.21.  All such programs 
 79.1   must conform to rules promulgated by the agency concerning 
 79.2   program administration, including but not limited to rules 
 79.3   concerning costs of administration; the quality of housing; 
 79.4   interest rates, fees, and charges in connection with making 
 79.5   eligible loans; and other matters determined by the agency to be 
 79.6   necessary in order to effectuate the purposes of this 
 79.7   subdivision and section 462A.21, subdivisions 4b and 4c.  All 
 79.8   such programs must provide for a reasonable balance in the 
 79.9   distribution of funds appropriated for the purpose of this 
 79.10  section between American Indians residing on and off 
 79.11  reservations within the state.  Nothing in this section shall 
 79.12  preclude such tribe, band, or communities from requesting and 
 79.13  receiving cooperation, advice, and assistance from the agency as 
 79.14  regards program development, operation, delivery, financing, or 
 79.15  administration.  As a condition to the making of such eligible 
 79.16  loans, the Minnesota Chippewa tribe, the Red Lake band of 
 79.17  Chippewa Indians, and the Sioux communities shall: 
 79.18     (1) enter into a loan agreement and other contractual 
 79.19  arrangements with the agency for the purpose of transferring the 
 79.20  allocated portion of loan funds as set forth in section 462A.26 
 79.21  and to insure compliance with the provisions of this section and 
 79.22  this chapter; and 
 79.23     (2) agree that all of their official books and records 
 79.24  related to such housing programs shall be subjected to audit by 
 79.25  the legislative auditor in the manner prescribed for agencies of 
 79.26  state government. 
 79.27     The agency shall submit a biennial report concerning the 
 79.28  various housing programs for American Indians, and related 
 79.29  receipts and expenditures as provided in section 462A.22, 
 79.30  subdivision 9, and such tribe, band, or communities to the 
 79.31  extent that they administer such programs, shall be responsible 
 79.32  for any costs and expenses related to such administration 
 79.33  provided, however, they shall be eligible for payment for costs, 
 79.34  expenses, and services pursuant to subdivision 12 and section 
 79.35  462A.21.  The agency may provide or cause to be provided 
 79.36  essential general technical services as set forth in subdivision 
 80.1   2, and general consultative project assistance services, 
 80.2   including, but not limited to, management training, and home 
 80.3   ownership counseling as set forth in subdivision 3.  Members of 
 80.4   boards, committees, or other governing bodies of the tribe, 
 80.5   band, and communities administering the programs authorized by 
 80.6   this subdivision must be compensated for those services as 
 80.7   provided in section 15.0575.  Rules promulgated under this 
 80.8   subdivision may be promulgated as emergency rules under chapter 
 80.9   14. 
 80.10     (b) The agency may engage in demonstration projects to 
 80.11  encourage the participation of financial institutions or other 
 80.12  leveraging sources in providing housing opportunities for 
 80.13  American Indians.  The agency shall consult with the Minnesota 
 80.14  Chippewa tribe, the Red Lake band of Chippewa Indians, and the 
 80.15  Sioux communities in developing the demonstration projects.  The 
 80.16  income limits specified in paragraph (a) do not apply to the 
 80.17  demonstration projects. 
 80.18     (c) The agency may make home improvement loans under this 
 80.19  subdivision without regard to household income.  
 80.20     Sec. 100.  Minnesota Statutes 1994, section 462A.08, 
 80.21  subdivision 3, is amended to read: 
 80.22     Subd. 3.  All notes or bonds issued under this section are 
 80.23  securities as defined in section 336.8-102 and may be issued as 
 80.24  certificated securities or as uncertificated securities.  
 80.25  Certificated securities may be issued in bearer or registered 
 80.26  form.  The agency may perform all actions that are permitted or 
 80.27  required of issuers of securities under sections 336.8-101 to 
 80.28  336.8-408 336.8-511.  If notes or bonds are issued as 
 80.29  uncertificated securities, and this chapter or other law 
 80.30  requires or permits the notes or bonds to contain a statement or 
 80.31  recital, whether on their face or otherwise, it is sufficient 
 80.32  compliance with the law that the statement or recital is 
 80.33  contained in the transaction statement or in a resolution or 
 80.34  other instrument that is made a part of the note or bond by 
 80.35  reference in the transaction statement as provided in section 
 80.36  336.8-202.  All notes and bonds so issued may be either general 
 81.1   obligations of the agency, secured by its full faith and credit, 
 81.2   and payable out of any money, assets, or revenues of the agency, 
 81.3   subject to the provisions of resolutions or indentures pledging 
 81.4   and appropriating particular money, assets, or revenues to 
 81.5   particular notes or bonds, or limited obligations of the agency 
 81.6   not secured by its full faith and credit, and payable solely 
 81.7   from those moneys, assets, or revenues of the agency as may be 
 81.8   authorized by resolution or indenture.  
 81.9      Sec. 101.  Minnesota Statutes 1994, section 469.141, 
 81.10  subdivision 2, is amended to read: 
 81.11     Subd. 2.  [POWER TO REGULATE.] Cities may regulate all 
 81.12  drilling, except water well and exploratory drilling that is 
 81.13  subject to the provisions of sections 156A.01 to 156A.10 chapter 
 81.14  103I, above, in, through, and adjacent to subsurface areas 
 81.15  designated for mined underground space development and existing 
 81.16  mined underground space.  The regulations may prohibit, 
 81.17  restrict, control, and require permits for such drilling.  
 81.18     Sec. 102.  [REPEALER.] 
 81.19     Minnesota Statutes 1994, section 471.6161, subdivision 7, 
 81.20  is repealed. 
 81.21     Sec. 103.  Minnesota Statutes 1994, section 473.446, 
 81.22  subdivision 2, is amended to read: 
 81.23     Subd. 2.  [TRANSIT TAXING DISTRICT.] The metropolitan 
 81.24  transit taxing district is hereby designated as that portion of 
 81.25  the metropolitan transit area lying within the following named 
 81.26  cities, towns, or unorganized territory within the counties 
 81.27  indicated: 
 81.28     (a) Anoka county.  Anoka, Blaine, Centerville, Columbia 
 81.29  Heights, Coon Rapids, Fridley, Circle Pines, Hilltop, Lexington, 
 81.30  Lino Lakes, Spring Lake Park; 
 81.31     (b) Carver county.  Chanhassen, the city of Chaska; 
 81.32     (c) Dakota county.  Apple Valley, Burnsville, Eagan, Inver 
 81.33  Grove Heights, Lilydale, Mendota, Mendota Heights, Rosemount, 
 81.34  South St. Paul, Sunfish Lake, West St. Paul; 
 81.35     (d) Ramsey county.  All of the territory within Ramsey 
 81.36  county; 
 82.1      (e) Hennepin county.  Bloomington, Brooklyn Center, 
 82.2   Brooklyn Park, Champlin, Chanhassen, Crystal, Deephaven, Eden 
 82.3   Prairie, Edina, Excelsior, Golden Valley, Greenwood, Hopkins, 
 82.4   Long Lake, Maple Grove, Medicine Lake, Minneapolis, Minnetonka, 
 82.5   Minnetonka Beach, Mound, New Hope, Orono, Osseo, Plymouth, 
 82.6   Richfield, Robbinsdale, St. Anthony, St. Louis Park, Shorewood, 
 82.7   Spring Park, Tonka Bay, Wayzata, Woodland, the unorganized 
 82.8   territory of Hennepin county; 
 82.9      (f) Scott county.  Prior Lake, Savage, Shakopee; 
 82.10     (g) Washington county.  Baytown, the city of Stillwater, 
 82.11  White Bear Lake, Bayport, Birchwood, Cottage Grove, Dellwood, 
 82.12  Lake Elmo, Landfall, Mahtomedi, Newport, Oakdale, Oak Park 
 82.13  Heights, Pine Springs, St. Paul Park, Willernie, Woodbury. 
 82.14     The metropolitan council in its sole discretion may provide 
 82.15  transit service by contract beyond the boundaries of the 
 82.16  metropolitan transit taxing district or to cities and towns 
 82.17  within the taxing district which are receiving financial 
 82.18  assistance under section 174.265 473.388, upon petition therefor 
 82.19  by an interested city, township or political subdivision within 
 82.20  the metropolitan transit area.  The metropolitan council may 
 82.21  establish such terms and conditions as it deems necessary and 
 82.22  advisable for providing the transit service, including such 
 82.23  combination of fares and direct payments by the petitioner as 
 82.24  will compensate the council for the full capital and operating 
 82.25  cost of the service and the related administrative activities of 
 82.26  the council.  The amount of the levy made by any municipality to 
 82.27  pay for the service shall be disregarded when calculation of 
 82.28  levies subject to limitations is made, provided that cities and 
 82.29  towns receiving financial assistance under section 174.265 
 82.30  473.388 shall not make a special levy under this subdivision 
 82.31  without having first exhausted the available local transit funds 
 82.32  as defined in section 174.265 473.388.  The council shall not be 
 82.33  obligated to extend service beyond the boundaries of the taxing 
 82.34  district, or to cities and towns within the taxing district 
 82.35  which are receiving financial assistance under section 174.265 
 82.36  473.388, under any law or contract unless or until payment 
 83.1   therefor is received. 
 83.2      Sec. 104.  Minnesota Statutes 1994, section 473.516, 
 83.3   subdivision 3, is amended to read: 
 83.4      Subd. 3.  [LOCAL RESTRICTIONS.] Counties and local units of 
 83.5   government may impose conditions respecting the construction, 
 83.6   operation, inspection, monitoring, and maintenance of a waste 
 83.7   facility of the council and conditions respecting the sale, 
 83.8   gift, delivery, storage, use, and disposal of sewage sludge of 
 83.9   the council on private property as a soil conditioner or 
 83.10  amendment, but only in the manner and only to the extent 
 83.11  authorized and approved by the council and the pollution control 
 83.12  agency as being consistent with the establishment and use of the 
 83.13  council's waste facilities and the disposal of the council's 
 83.14  sewage sludge on private property in accordance with the 
 83.15  council's plan, adopted under Minnesota Statutes 1992, section 
 83.16  473.153, and agency permits and rules.  Counties may exercise 
 83.17  the enforcement powers granted under section 473.811, 
 83.18  subdivision 5c, in the manner and to the extent authorized and 
 83.19  approved in accordance with this subdivision.  
 83.20     Sec. 105.  Minnesota Statutes 1994, section 473.545, is 
 83.21  amended to read: 
 83.22     473.545 [PROPERTY EXEMPT FROM TAXATION.] 
 83.23     Any properties, real or personal, owned, leased, 
 83.24  controlled, used, or occupied by the council for any purpose 
 83.25  referred to in Minnesota Statutes 1984, section 473.502, are 
 83.26  declared to be acquired, owned, leased, controlled, used and 
 83.27  occupied for public, governmental, and municipal purposes, and 
 83.28  shall be exempt from taxation by the state or any political 
 83.29  subdivision of the state, provided that such properties shall be 
 83.30  subject to special assessments levied by a political subdivision 
 83.31  for a local improvement in amounts proportionate to and not 
 83.32  exceeding the special benefit received by the properties from 
 83.33  such improvement.  No possible use of any such properties in any 
 83.34  manner different from their use as part of the metropolitan 
 83.35  disposal system at the time shall be considered in determining 
 83.36  the special benefit received by such properties.  All such 
 84.1   assessments shall be subject to final confirmation by the 
 84.2   metropolitan council, whose determination of the benefits shall 
 84.3   be conclusive upon the political subdivision levying the 
 84.4   assessment.  
 84.5      Sec. 106.  [REPEALER.] 
 84.6      Minnesota Statutes 1994, section 473.604, subdivision 7, is 
 84.7   repealed. 
 84.8      Sec. 107.  Minnesota Statutes 1994, section 473.639, is 
 84.9   amended to read: 
 84.10     473.639 [RELATION TO AIRPORT HAZARD ZONING.] 
 84.11     Sections 473.636 and 473.637 and any criteria, guidelines, 
 84.12  or land use and development control measure approved by the 
 84.13  council under those sections in no way supersede or limit the 
 84.14  powers conferred on a municipality to do airport hazard zoning, 
 84.15  or the commissioner of transportation by sections 360.061 to 
 84.16  360.073.  Any criteria, guidelines, or land use and development 
 84.17  control measure approved by the council under section 473.636 or 
 84.18  473.637 must be consistent with any exercise of powers by the 
 84.19  commissioner under sections 360.061 to 360.093 360.073. 
 84.20     Sec. 108.  [REPEALER.] 
 84.21     Minnesota Statutes 1994, section 473.704, subdivision 6, is 
 84.22  repealed. 
 84.23     Sec. 109.  Minnesota Statutes 1995 Supplement, section 
 84.24  474.191, is amended to read: 
 84.25     474.191 [CARRYFORWARD ALLOCATION OF 1984 ISSUANCE 
 84.26  AUTHORITY.] 
 84.27     The department of energy and economic development shall 
 84.28  allocate any amount of the state private activity bond issuance 
 84.29  authority for calendar year 1984 pursuant to a federal 
 84.30  limitation act which is not used on or before December 31, 1984, 
 84.31  by any issuer or allocated to a project eligible for 
 84.32  carryforward treatment pursuant to Laws 1984, chapter 582, to 
 84.33  issuers for projects which qualify for carryforward treatment of 
 84.34  private activity bond issuance authority under a federal 
 84.35  limitation act and regulations thereunder.  An issuer which 
 84.36  desires an allocation pursuant to this section must submit an 
 85.1   application to the department on or before the last date on 
 85.2   which an election may be filed to carry forward unused private 
 85.3   activity bond issuance authority pursuant to a federal 
 85.4   limitation act and regulations thereunder.  The application must 
 85.5   contain the following information:  
 85.6      (1) the name and address of the issuer; 
 85.7      (2) a description of the project for which an allocation of 
 85.8   private activity bond issuance authority is requested (the 
 85.9   higher education services office may satisfy the requirements of 
 85.10  this clause by stating that the bond proceeds are intended to be 
 85.11  used for student loans); 
 85.12     (3) the amount of bond issuance authority requested; and 
 85.13     (4) a certification of the issuer that the project to which 
 85.14  the application relates qualifies for carryforward treatment of 
 85.15  allocated 1984 private activity bond issuance authority 
 85.16  according to the terms of a federal limitation act and 
 85.17  regulations thereunder.  
 85.18     Applications submitted pursuant to this section need not be 
 85.19  accompanied by an application deposit or preliminary 
 85.20  resolution.  The department shall award allocations of 1984 
 85.21  private activity bond issuance authority to applications in the 
 85.22  order in which applications are received by the department.  The 
 85.23  department shall return the application deposits made by 
 85.24  applicants for a carryover allocation pursuant to section 
 85.25  474.19, subdivision 7.  The amount necessary to pay the refund 
 85.26  of application deposits is appropriated to the department of 
 85.27  energy and economic development from the general fund.  The 
 85.28  department shall not award any allocation of 1984 private 
 85.29  activity bond issuance authority pursuant to this section to any 
 85.30  application which does not comply with clause (4).  
 85.31     For purposes of this section, "issuer" means a local issuer 
 85.32  or the higher education services office. 
 85.33     Sec. 110.  Minnesota Statutes 1994, section 480A.06, 
 85.34  subdivision 3, is amended to read: 
 85.35     Subd. 3.  [CERTIORARI REVIEW.] The court of appeals shall 
 85.36  have jurisdiction to issue writs of certiorari to all agencies, 
 86.1   public corporations and public officials, except the tax court 
 86.2   and the workers' compensation court of appeals.  The court of 
 86.3   appeals shall have jurisdiction to review decisions of the 
 86.4   commissioner of economic security, pursuant to section 
 86.5   268.10 268.105. 
 86.6      Sec. 111.  Minnesota Statutes 1994, section 524.3-101, is 
 86.7   amended to read: 
 86.8      524.3-101 [DEVOLUTION OF ESTATE AT DEATH; RESTRICTIONS.] 
 86.9      The power of a person to leave property by will, and the 
 86.10  rights of creditors, devisees, and heirs to the person's 
 86.11  property are subject to the restrictions and limitations 
 86.12  contained in chapters 524 and 525 to facilitate the prompt 
 86.13  settlement of estates.  Upon death, a person's real and personal 
 86.14  property devolves to the persons to whom it is devised by last 
 86.15  will or to those indicated as substitutes for them in cases 
 86.16  involving lapse, disclaimer, renunciation, or other 
 86.17  circumstances affecting the devolution of testate estates, or in 
 86.18  the absence of testamentary disposition, to the decedent's 
 86.19  heirs, or to those indicated as substitutes for them in cases 
 86.20  involving disclaimer, renunciation or other circumstances 
 86.21  affecting devolution of intestate estates, subject to the 
 86.22  provisions of sections 525.14 and 525.145 524.2-402, the 
 86.23  allowances provided for by section 525.15 sections 524.2-403 and 
 86.24  524.2-404, to the rights of creditors, elective share of the 
 86.25  surviving spouse, and to administration.  
 86.26     Sec. 112.  Minnesota Statutes 1994, section 524.3-108, is 
 86.27  amended to read: 
 86.28     524.3-108 [PROBATE, TESTACY AND APPOINTMENT PROCEEDINGS; 
 86.29  ULTIMATE TIME LIMIT.] 
 86.30     No informal probate or appointment proceeding or formal 
 86.31  testacy or appointment proceeding, other than a proceeding to 
 86.32  probate a will previously probated at the testator's domicile 
 86.33  and appointment proceedings relating to an estate in which there 
 86.34  has been a prior appointment, may be commenced more than three 
 86.35  years after the decedent's death, except (1) if a previous 
 86.36  proceeding was dismissed because of doubt about the fact of the 
 87.1   decedent's death, appropriate probate, appointment or testacy 
 87.2   proceedings may be maintained at any time thereafter upon a 
 87.3   finding that the decedent's death occurred prior to the 
 87.4   initiation of the previous proceeding and the applicant or 
 87.5   petitioner has not delayed unduly in initiating the subsequent 
 87.6   proceeding; (2) appropriate probate, appointment or testacy 
 87.7   proceedings may be maintained in relation to the estate of an 
 87.8   absentee, or disappeared or missing person, at any time within 
 87.9   three years after the death of the absentee or disappeared or 
 87.10  missing person is established; and (3) a proceeding to contest 
 87.11  an informally probated will and to secure appointment of the 
 87.12  person with legal priority for appointment in the event the 
 87.13  contest is successful, may be commenced within the later of 12 
 87.14  months from the informal probate or three years from the 
 87.15  decedent's death.  These limitations do not apply to proceedings 
 87.16  to construe probated wills, determine heirs of an intestate, or 
 87.17  proceedings to determine descent.  In cases under (1) or (2) 
 87.18  above, the date on which a testacy or appointment proceeding is 
 87.19  properly commenced shall be deemed to be the date of the 
 87.20  decedent's death for purposes of other limitations provisions of 
 87.21  this chapter which relate to the date of death.  Nothing herein 
 87.22  contained prohibits the formal appointment of a special 
 87.23  administrator at any time for the purposes of reducing assets to 
 87.24  possession, administering the same under direction of the court, 
 87.25  or making distribution of any residue to the heirs or 
 87.26  distributees determined to be entitled thereto pursuant to a 
 87.27  descent proceeding under section 525.31 or an exempt summary 
 87.28  proceeding under section 525.51 524.3-1203, even though the 
 87.29  three year period above referred to has expired. 
 87.30     Sec. 113.  Minnesota Statutes 1994, section 524.3-901, is 
 87.31  amended to read: 
 87.32     524.3-901 [SUCCESSORS' RIGHTS IF NO ADMINISTRATION.] 
 87.33     In the absence of administration, the heirs and devisees 
 87.34  are entitled to the estate in accordance with the terms of a 
 87.35  probated will or the laws of intestate succession.  Devisees may 
 87.36  establish title by the probated will to devised property.  
 88.1   Persons entitled to property pursuant to sections 524.2-402, 
 88.2   524.2-403, 525.14, 525.145, 525.15 or intestacy may establish 
 88.3   title thereto by proof of the decedent's ownership and death, 
 88.4   and their relationship to the decedent.  Successors take subject 
 88.5   to all charges incident to administration, including the claims 
 88.6   of creditors and allowances of surviving spouse and dependent 
 88.7   children, and subject to the rights of others resulting from 
 88.8   abatement, retainer, advancement, and ademption.  
 88.9      Sec. 114.  Minnesota Statutes 1994, section 524.3-1204, is 
 88.10  amended to read: 
 88.11     524.3-1204 [SMALL ESTATES; CLOSING BY SWORN STATEMENT OF 
 88.12  PERSONAL REPRESENTATIVE.] 
 88.13     (a) Unless prohibited by order of the court and except for 
 88.14  estates being administered by supervised personal 
 88.15  representatives, a personal representative may close an estate 
 88.16  administered under the summary procedures of section 524.3-1203 
 88.17  by filing with the court, at any time after disbursement and 
 88.18  distribution of the estate, a statement stating that: 
 88.19     (1) to the best knowledge of the personal representative, 
 88.20  the entire estate, less liens and encumbrances, did not exceed 
 88.21  an exempt homestead as provided for in section 525.145 
 88.22  524.2-402, the allowances provided for in section 525.15 
 88.23  sections 524.2-403 and 524.2-404, costs and expenses of 
 88.24  administration, reasonable funeral expenses, and reasonable, 
 88.25  necessary medical and hospital expenses of the last illness of 
 88.26  the decedent; 
 88.27     (2) the personal representative has fully administered the 
 88.28  estate by disbursing and distributing it to the persons entitled 
 88.29  thereto; and 
 88.30     (3) the personal representative has sent a copy of the 
 88.31  closing statement to all distributees of the estate and to all 
 88.32  creditors or other known claimants whose claims are neither paid 
 88.33  nor barred and has furnished a full account in writing of the 
 88.34  personal representative's administration to the distributees 
 88.35  whose interests are affected. 
 88.36     (b) If no actions or proceedings involving the personal 
 89.1   representative are pending in the court one year after the 
 89.2   closing statement is filed, the appointment of the personal 
 89.3   representative terminates. 
 89.4      (c) A closing statement filed under this section has the 
 89.5   same effect as one filed under section 524.3-1003. 
 89.6      Sec. 115.  Minnesota Statutes 1995 Supplement, section 
 89.7   525.6197, is amended to read: 
 89.8      525.6197 [Discharge of guardian or conservator; property of 
 89.9   a minor.] 
 89.10     When a minor receives or is entitled to personal property, 
 89.11  the court may order a guardian or conservator to make payment of 
 89.12  up to $2,000 of the property to the parent or parents, 
 89.13  custodian, or the person, corporation, or institution with whom 
 89.14  the minor child is, for the benefit, support, maintenance, and 
 89.15  education of the minor or may direct the investment of the whole 
 89.16  or any part of that amount in a savings account, savings 
 89.17  certificate, or certificate of deposit in a bank, savings 
 89.18  bank, or savings association, or savings and loan association 
 89.19  having deposit insurance, in the name of the minor.  When so 
 89.20  invested the savings account passbook, savings certificate, 
 89.21  certificate of deposit, or other acknowledgment of receipt of 
 89.22  the deposit by the depository is to be kept as provided by the 
 89.23  court.  The depository shall be instructed not to allow the 
 89.24  investment to be withdrawn, except by order of the court.  The 
 89.25  court may authorize the use of any part or all of that amount to 
 89.26  purchase United States government savings bonds in the minor's 
 89.27  name.  The bonds shall be kept as provided by the court and 
 89.28  retained until the minor reaches majority unless otherwise 
 89.29  authorized by an order of the court. 
 89.30     Sec. 116.  Minnesota Statutes 1994, section 525.712, is 
 89.31  amended to read: 
 89.32     525.712 [REQUISITES.] 
 89.33     The appeal may be taken by any person aggrieved within 30 
 89.34  days after service of notice of the filing of the order, 
 89.35  judgment, or decree appealed from, or if no notice be served, 
 89.36  within six months after the filing of the order, judgment, or 
 90.1   decree.  Except as provided in this section, the appeal shall be 
 90.2   perfected and determined upon the record as provided in sections 
 90.3   484.63 and the rules of appellate procedure. 
 90.4      Sec. 117.  Minnesota Statutes 1994, section 550.15, is 
 90.5   amended to read: 
 90.6      550.15 [CERTIFICATE TO BE FURNISHED OFFICER.] 
 90.7      When the officer, with a writ of attachment or an execution 
 90.8   against the defendant, applies to any person mentioned in 
 90.9   section 550.14 550.135 for the purpose of attaching or levying 
 90.10  upon property mentioned therein, such person shall furnish the 
 90.11  officer with a certificate showing the description and amount of 
 90.12  the property of the judgment debtor held by such person or 
 90.13  corporation, the number of rights or shares of such debtor in 
 90.14  the stock of the corporation, with any dividend thereon, or the 
 90.15  debt owing to the judgment debtor, with any encumbrance upon the 
 90.16  property; and, on refusal so to do, such person may be required 
 90.17  by the court to attend before it and be examined on oath 
 90.18  concerning the same.  
 90.19     Sec. 118.  [REPEALER.] 
 90.20     Laws 1995, chapter 259, article 3, section 7, subdivision 
 90.21  2, is repealed. 
 90.22     Sec. 119.  Minnesota Statutes 1995 Supplement, section 
 90.23  609.101, subdivision 2, is amended to read: 
 90.24     Subd. 2.  [MINIMUM FINES.] Notwithstanding any other law, 
 90.25  when a court sentences a person convicted of violating section 
 90.26  609.221, 609.222, 609.223, 609.2231, 609.224, 609.2242, 609.267, 
 90.27  609.2671, 609.2672, 609.342, 609.343, 609.344, or 609.345, it 
 90.28  must impose a fine of not less than 30 percent of the maximum 
 90.29  fine authorized by law nor more than the maximum fine authorized 
 90.30  by law.  
 90.31     The court shall collect the portion of the fine mandated by 
 90.32  this subdivision and forward 70 percent of it to a local victim 
 90.33  assistance program that provides services locally in the county 
 90.34  in which the crime was committed.  The court shall forward the 
 90.35  remaining 30 percent to the commissioner of finance to be 
 90.36  credited to the general fund.  If more than one victim 
 91.1   assistance program serves the county in which the crime was 
 91.2   committed, the court may designate on a case-by-case basis which 
 91.3   program will receive the fine proceeds, giving consideration to 
 91.4   the nature of the crime committed, the types of victims served 
 91.5   by the program, and the funding needs of the program.  If no 
 91.6   victim assistance program serves that county, the court shall 
 91.7   forward 100 percent of the fine proceeds to the commissioner of 
 91.8   finance to be credited to the general fund.  Fine proceeds 
 91.9   received by a local victim assistance program must be used to 
 91.10  provide direct services to crime victims.  
 91.11     The minimum fine required by this subdivision is in 
 91.12  addition to the surcharge or assessment required by subdivision 
 91.13  1 and is in addition to any sentence of imprisonment or 
 91.14  restitution imposed or ordered by the court. 
 91.15     As used in this subdivision, "victim assistance program" 
 91.16  means victim witness programs within county attorney offices or 
 91.17  any of the following programs:  crime victim crisis centers, 
 91.18  victim-witness programs, battered women shelters and nonshelter 
 91.19  programs, and sexual assault programs. 
 91.20     Sec. 120.  Minnesota Statutes 1995 Supplement, section 
 91.21  609.485, subdivision 2, is amended to read: 
 91.22     Subd. 2.  [ACTS PROHIBITED.] Whoever does any of the 
 91.23  following may be sentenced as provided in subdivision 4: 
 91.24     (1) escapes while held in lawful custody on a charge or 
 91.25  conviction of a crime, or while held in lawful custody on an 
 91.26  allegation or adjudication of a delinquent act while 18 years of 
 91.27  age; 
 91.28     (2) transfers to another, who is in lawful custody on a 
 91.29  charge or conviction of a crime, or introduces into an 
 91.30  institution in which the latter is confined, anything usable in 
 91.31  making such escape, with intent that it shall be so used; 
 91.32     (3) having another in lawful custody on a charge or 
 91.33  conviction of a crime, intentionally permits the other to 
 91.34  escape; 
 91.35     (4) escapes while in a facility designated under section 
 91.36  253B.18, subdivision 1, pursuant to a court commitment order 
 92.1   after a finding of not guilty by reason of mental illness or 
 92.2   mental deficiency of a crime against the person, as defined in 
 92.3   section 253B.02, subdivision 4a.  Notwithstanding section 
 92.4   609.17, no person may be charged with or convicted of an attempt 
 92.5   to commit a violation of this clause; or 
 92.6      (5) escapes while in a facility designated under section 
 92.7   253B.18, subdivision 1, pursuant to a court commitment order 
 92.8   under section 253B.185 or Minnesota Statutes 1992, section 
 92.9   526.10. 
 92.10     For purposes of clause (1), "escapes while held in lawful 
 92.11  custody" includes absconding from electronic monitoring or 
 92.12  absconding after removing an electronic monitoring device from 
 92.13  the person's body. 
 92.14     Sec. 121.  Minnesota Statutes 1995 Supplement, section 
 92.15  609.485, subdivision 4, is amended to read: 
 92.16     Subd. 4.  [SENTENCE.] (a) Except as otherwise provided in 
 92.17  subdivision 3a, whoever violates this section may be sentenced 
 92.18  as follows: 
 92.19     (1) if the person who escapes is in lawful custody on a 
 92.20  charge or conviction of a felony, to imprisonment for not more 
 92.21  than five years or to payment of a fine of not more than 
 92.22  $10,000, or both; 
 92.23     (2) if the person who escapes is in lawful custody after a 
 92.24  finding of not guilty by reason of mental illness or mental 
 92.25  deficiency of a crime against the person, as defined in section 
 92.26  253B.02, subdivision 4a, or pursuant to a court commitment order 
 92.27  under section 253B.185 or Minnesota Statutes 1992, section 
 92.28  526.10, to imprisonment for not more than one year and one day 
 92.29  or to payment of a fine of not more than $3,000, or both; or 
 92.30     (3) if such charge or conviction is for a gross misdemeanor 
 92.31  or misdemeanor, or if the person who escapes is in lawful 
 92.32  custody on an allegation or adjudication of a delinquent act 
 92.33  while 18 years of age, to imprisonment for not more than one 
 92.34  year or to payment of a fine of not more than $3,000, or both.  
 92.35     (b) If the escape was a violation of subdivision 2, clause 
 92.36  (1), (2), or (3), and was effected by violence or threat of 
 93.1   violence against a person, the sentence may be increased to not 
 93.2   more than twice those permitted in paragraph (a), clauses (1) 
 93.3   and (3). 
 93.4      (c) Unless a concurrent term is specified by the court, a 
 93.5   sentence under this section shall be consecutive to any sentence 
 93.6   previously imposed or which may be imposed for any crime or 
 93.7   offense for which the person was in custody when the person 
 93.8   escaped. 
 93.9      (d) Notwithstanding paragraph (c), if a person who was 
 93.10  committed to the commissioner of corrections under section 
 93.11  260.185 escapes from the custody of the commissioner while 18 
 93.12  years of age, the person's sentence under this section shall 
 93.13  commence on the person's 19th birthday or on the person's date 
 93.14  of discharge by the commissioner of corrections, whichever 
 93.15  occurs first.  However, if the person described in this clause 
 93.16  is convicted under this section after becoming 19 years old and 
 93.17  after having been discharged by the commissioner, the person's 
 93.18  sentence shall commence upon imposition by the sentencing court. 
 93.19     (e) Notwithstanding paragraph (c), if a person who is in 
 93.20  lawful custody on an allegation or adjudication of a delinquent 
 93.21  act while 18 years of age escapes from a local juvenile 
 93.22  correctional facility, the person's sentence under this section 
 93.23  begins on the person's 19th birthday or on the person's date of 
 93.24  discharge from the jurisdiction of the juvenile court, whichever 
 93.25  occurs first.  However, if the person described in this 
 93.26  paragraph is convicted after becoming 19 years old and after 
 93.27  discharge from the jurisdiction of the juvenile court, the 
 93.28  person's sentence begins upon imposition by the sentencing court.
 93.29     Sec. 122.  Minnesota Statutes 1994, section 624.7132, 
 93.30  subdivision 8, is amended to read: 
 93.31     Subd. 8.  [REPORT NOT REQUIRED.] If the proposed transferee 
 93.32  presents a valid transferee permit issued under section 624.7131 
 93.33  or a valid permit to carry issued under section 624.714, or if 
 93.34  the transferee is a licensed peace officer, as defined in 
 93.35  section 626.84, subdivision 1 the transferor need not file a 
 93.36  transfer report. 
 94.1      Sec. 123.  Minnesota Statutes 1994, section 626A.13, 
 94.2   subdivision 4, is amended to read: 
 94.3      Subd. 4.  [DEFENSE.] A good faith reliance on: 
 94.4      (1) a court warrant or order, a grand jury subpoena, a 
 94.5   legislative authorization, or a statutory authorization; 
 94.6      (2) a request of an investigative or law enforcement 
 94.7   officer under United States Code, title 18, section 2518(7); or 
 94.8      (3) a good faith determination that section 626A.02, 
 94.9   subdivision 3, permitted the conduct complained of; 
 94.10  is a complete defense against any civil or criminal action 
 94.11  brought under sections 626A.01 to 626A.23 this chapter or any 
 94.12  other law. 
 94.13     Sec. 124.  Minnesota Statutes 1994, section 629.68, is 
 94.14  amended to read: 
 94.15     629.68 [PROHIBITING SURETIES TO MAKE FALSE STATEMENTS IN 
 94.16  AFFIDAVITS; PENALTY.] 
 94.17     A person who willfully and knowingly makes a false 
 94.18  statement in an affidavit made under sections section 629.67 to 
 94.19  629.69, is guilty of perjury under section 609.48. 
 94.20     Sec. 125.  [REPEALER.] 
 94.21     Laws 1991, chapter 354, article 6, section 7, subdivisions 
 94.22  2 and 3, are repealed.  
 94.23     Sec. 126.  Laws 1995, chapter 159, section 1, is amended to 
 94.24  read: 
 94.25     Section 1.  [PRIVATE SALE OF TAX-FORFEITED LAND; DAKOTA 
 94.26  COUNTY.] 
 94.27     (a) Notwithstanding Minnesota Statutes, sections 92.45, 
 94.28  103F.535, and 282.018, subdivision 1, paragraph (a), and the 
 94.29  public sale provisions of Minnesota Statutes, chapter 282, 
 94.30  Dakota county may convey to the city of Eagan, without 
 94.31  consideration, the lands bordering public waters that are 
 94.32  described in paragraph (c), under the remaining provisions of 
 94.33  Minnesota Statutes, chapter 282. 
 94.34     (b) The conveyance must be in a form approved by the 
 94.35  attorney general.  The conveyance must provide that, except as 
 94.36  provided in section 2, the land reverts to the state if it is 
 95.1   not used for public park or open space purposes. 
 95.2      (c) The lands that may be conveyed are located in Dakota 
 95.3   county, are designated by the Dakota county parcel number 
 95.4   contained within the parentheses, and are described as: 
 95.5      (1) (Parcel No. 10-01100-011-75) as: 
 95.6      That part of the East Half of the East Half of the 
 95.7   Southeast Quarter of Section 11, Township 27 North, Range 23 
 95.8   West, described as follows: 
 95.9      Commencing at the southeast corner of said Section 11; 
 95.10  thence North 0 degrees 04 minutes 54 seconds East assumed 
 95.11  bearing, along the east line of the Southeast Quarter of said 
 95.12  Section 11, 878.96 feet to the northeast corner of OUTLOT I, 
 95.13  GOPHER INDUSTRIAL PARK 2ND ADDITION, record plat and the point 
 95.14  of beginning of the tract to be described; thence North 89 
 95.15  degrees 37 minutes 34 seconds West along the north line of said 
 95.16  OUTLOT I 660.45 feet to the easterly line of EAGANDALE CENTER 
 95.17  INDUSTRIAL PARK NO. 4, record plat; thence North 0 degrees 07 
 95.18  minutes 28 seconds East along the easterly line of said 
 95.19  EAGANDALE CENTER INDUSTRIAL PARK NO. 4 1406.80 feet to the 
 95.20  southerly line of BORCHERT-INGERSOLL, INC. 1ST ADDITION, record 
 95.21  plat; thence North 76 degrees 29 minutes 44 seconds East along 
 95.22  the southerly line of said BORCHERT-INGERSOLL, INC. 1ST ADDITION 
 95.23  678.38 feet to the east line of the Southeast Quarter of said 
 95.24  Section 11; thence South 0 degrees 04 minutes 54 seconds West 
 95.25  along the east line of said Southeast Quarter 1569.53 feet to 
 95.26  the point of beginning. 
 95.27     Containing 22.54 acres, more or less, subject to a city 
 95.28  drainage and utility easement. 
 95.29     (2) (Parcel No. 10-01200-011-50) as: 
 95.30     That part of the West Half of the Southwest Quarter of 
 95.31  Section 12, Township 27 North, Range 23 West, described as 
 95.32  follows: 
 95.33     Commencing at the southwest corner or of said Section 12; 
 95.34  thence North 0 degrees 04 minutes 54 seconds East assumed 
 95.35  bearing, along the west line of the Southwest Quarter of said 
 95.36  Section 12, 878.47 feet to the northwest corner of OUTLOT H, 
 96.1   GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION, record plat and the 
 96.2   point of beginning of the tract to be described; thence North 89 
 96.3   degrees 55 minutes 06 seconds East along the north line of 
 96.4   OUTLOT H and OUTLOT G, of said GOPHER EAGAN INDUSTRIAL PARK 2ND 
 96.5   ADDITION 1321.39 feet to the east line of the West Half of the 
 96.6   Southwest Quarter of said Section 12; thence North 0 degrees 02 
 96.7   minutes 16 seconds West along the east line of the West half of 
 96.8   said Southwest Quarter 1128.04 feet to the westerly right of way 
 96.9   line of the Soo Line Railroad (formerly the Chicago Milwaukee, 
 96.10  St. Paul and Pacific Railroad); thence North 37 degrees 55 
 96.11  minutes 59 seconds West along said westerly railroad right of 
 96.12  way 804.77 feet to the north line of the West Half of the 
 96.13  Southwest Quarter of said Section 12; thence South 89 degrees 56 
 96.14  minutes 35 seconds West along the north line of said West Half 
 96.15  of the Southwest Quarter 13.20 feet to the southerly line of 
 96.16  BORCHERT-INGERSOLL, INC. 1ST ADDITION, record plat; thence South 
 96.17  76 degrees 29 minutes 44 seconds West along the southerly line 
 96.18  of said BORCHERT-INGERSOLL, INC. 1ST ADDITION 833.52 feet to the 
 96.19  west line of the Southwest Quarter of said Section 12; thence 
 96.20  South 0 degrees 04 minutes 54 seconds West along the west line 
 96.21  of said Southwest Quarter 1570.02 feet to the point of beginning.
 96.22     Containing 48.02 acres, more or less, subject to a city 
 96.23  drainage and utility easement. 
 96.24     Sec. 127.  [REPEALER.] 
 96.25     Laws 1995, chapter 186, section 38, is repealed. 
 96.26     Sec. 128.  [REPEALER.] 
 96.27     Laws 1995, chapter 186, section 78, is repealed. 
 96.28     Sec. 129.  Laws 1995, chapter 202, article 4, section 24, 
 96.29  is amended to read: 
 96.30     Sec. 24.  [SUNSET.] 
 96.31     Sections 5, 20, and 21 expire May 31, 1997.  The amendments 
 96.32  made to Minnesota Statutes, section 47.52, by section 5 expire 
 96.33  May 31, 1997. 
 96.34     Sec. 130.  Laws 1995, chapter 212, article 4, section 65, 
 96.35  is amended to read: 
 96.36     Sec. 65.  [REPEALER.] 
 97.1      Minnesota Statutes 1994, sections 15.38, subdivision 4; 
 97.2   136.01; 136.02; 136.03; 136.031; 136.036; 136.045; 136.065; 
 97.3   136.07; 136.09; 136.10; 136.11; 136.111; 136.12; 136.13; 136.14; 
 97.4   136.141; 136.142; 136.143; 136.144; 136.145; 136.146; 136.147; 
 97.5   136.17; 136.171; 136.172; 136.18; 136.19; 136.20; 136.21; 
 97.6   136.22; 136.232; 136.24; 136.25; 136.261; 136.27; 136.31; 
 97.7   136.311; 136.32; 136.33; 136.34; 136.35; 136.36; 136.37; 136.38; 
 97.8   136.40; 136.41; 136.42; 136.43; 136.44; 136.45; 136.46; 136.47; 
 97.9   136.48; 136.49; 136.50; 136.501; 136.502; 136.503; 136.504; 
 97.10  136.505; 136.506; 136.507; 136.55; 136.56; 136.57; 136.58; 
 97.11  136.60; 136.6011; 136.602; 136.603; 136.61; 136.62; 136.621; 
 97.12  136.622; 136.63; 136.65; 136.651; 136.653; 136.67; 136.70; 
 97.13  136.71; 136.72; 136.88; 136.90; 136C.01; 136C.02; 136C.03; 
 97.14  136C.04; 136C.041; 136C.042; 136C.043; 136C.044; 136C.05; 
 97.15  136C.06; 136C.07; 136C.075; 136C.08; 136C.13; 136C.15; 136C.17; 
 97.16  136C.31; 136C.34; 136C.41; 136C.411; 136C.43; 136C.44; 136C.50; 
 97.17  136C.51; 136C.60; 136C.61; 136C.62; 136C.63; 136C.64; 136C.65; 
 97.18  136C.66; 136C.67; 136C.68; 136C.69; 136C.70; 136C.71; 136C.75; 
 97.19  136E.04, subdivisions 2, 3, 4, 5, 6, and 7; 136E.395; and 
 97.20  136E.692, subdivision 4, are repealed.  
 97.21     Sec. 131.  [REVIVAL OF STATUTES.] 
 97.22     Notwithstanding Minnesota Statutes, section 645.36, 
 97.23  Minnesota Statutes, sections 136.31, 136.32, 136.33, 136.34, 
 97.24  136.35, 136.36, 136.37, 136.38, and 136.41, are revived 
 97.25  retroactive to the date the repeal was effective. 
 97.26     Sec. 132.  [EFFECTIVE DATE.] 
 97.27     Sections 130 to 131 are effective the day following final 
 97.28  enactment. 
 97.29     Sec. 133.  [REPEALER.] 
 97.30     Laws 1995, chapter 224, sections 117, 118, 119, 120, and 
 97.31  121, are repealed. 
 97.32     Sec. 134.  [REPEALER.] 
 97.33     Laws 1995, chapter 234, article 3, section 3, is repealed. 
 97.34     Sec. 135.  [REPEALER.] 
 97.35     Laws 1995, chapter 247, article 1, section 44, is repealed. 
 97.36     Sec. 136.  [REPEALER.] 
 98.1      Laws 1995, chapter 248, article 10, section 15, is repealed.
 98.2      Sec. 137.  Laws 1995, First Special Session chapter 3, 
 98.3   article 8, section 25, subdivision 6, is amended to read: 
 98.4      Subd. 6.  [SCHOOL BREAKFAST.] To operate the school 
 98.5   breakfast program: 
 98.6        $419,000     .....     1996
 98.7        $456,000     .....     1997
 98.8      If the appropriation amount attributable to either year is 
 98.9   insufficient, the rate of payment for each fully paid student 
 98.10  breakfast shall be reduced and the aid for that year shall be 
 98.11  prorated among participating schools so as not to exceed the 
 98.12  total authorized appropriation for that year.  Any unexpected 
 98.13  unexpended balance remaining shall be used to subsidize the 
 98.14  payments made for school lunch aid per Minnesota Statutes, 
 98.15  section 124.646.  
 98.16     Up to one percent of the program funding can be used by the 
 98.17  department of education for technical and administrative 
 98.18  assistance. 
 98.19     Sec. 138.  [REVISOR'S INSTRUCTION.] 
 98.20     In the next and subsequent editions of Minnesota Statutes, 
 98.21  the revisor shall change the terms "educational cooperative 
 98.22  service unit" and similar terms to "service cooperative" and 
 98.23  similar terms and "ECSU" to "SC."  
 98.24     Sec. 139.  [REVISOR'S INSTRUCTION.] 
 98.25     In each section of Minnesota Statutes referred to in column 
 98.26  A, the revisor of statutes shall delete the reference in column 
 98.27  B and insert the reference in column C. 
 98.28       Column A                 Column B           Column C 
 98.29       8.31, subd. 1            325D.08            325D.07 
 98.30       16B.43, subd. 2          121.936            121.935 
 98.31       62D.01, subd. 1          62D.29             62D.24 
 98.32       136D.75                  136D.77            136D.76 
 98.33       136D.76, subd. 2         136D.77            136D.76 
 98.34       354B.20, subd. 10        352.73             352.72 
 98.35                             ARTICLE 2 
 98.36                    ADMINISTRATIVE PROCEDURE ACT 
 99.1      Section 1.  Minnesota Statutes 1994, section 14.47, 
 99.2   subdivision 1, is amended to read: 
 99.3      Subdivision 1.  [PLAN OF PUBLICATION AND SUPPLEMENTATION.] 
 99.4   The revisor of statutes shall: 
 99.5      (1) formulate a plan for the compilation of all permanent 
 99.6   agency rules and, to the extent practicable, emergency agency 
 99.7   other rules, adopted pursuant to the administrative procedure 
 99.8   act or filed pursuant to the provisions of section 14.38, 
 99.9   subdivisions 5 to 9 which were in effect at the time the rules 
 99.10  were filed or subdivision 11, including their order, 
 99.11  classification, arrangement, form, and indexing, and any 
 99.12  appropriate tables, annotations, cross references, citations to 
 99.13  applicable statutes, explanatory notes, and other appropriate 
 99.14  material to facilitate use of the rules by the public, and for 
 99.15  the compilation's composition, printing, binding and 
 99.16  distribution; 
 99.17     (2) publish the compilation of permanent agency rules and, 
 99.18  if practicable, emergency other rules, adopted pursuant to the 
 99.19  administrative procedure act or filed pursuant to the provisions 
 99.20  of section 14.38, subdivisions 5 to 9 which were in effect at 
 99.21  the time the rules were filed or subdivision 11, which shall be 
 99.22  called "Minnesota Rules"; 
 99.23     (3) periodically either publish a supplement or a new 
 99.24  compilation, which includes all rules adopted since the last 
 99.25  supplement or compilation was published and removes rules 
 99.26  incorporated in prior compilations or supplements which are no 
 99.27  longer effective; 
 99.28     (4) include in Minnesota Rules a consolidated list of 
 99.29  publications and other documents incorporated by reference into 
 99.30  the rules after June 30, 1981, and found conveniently available 
 99.31  by the revisor under section 14.07, subdivision 4, indicating 
 99.32  where the publications or documents are conveniently available 
 99.33  to the public; and 
 99.34     (5) copyright any compilations and or supplements in the 
 99.35  name of the state of Minnesota. 
 99.36     Sec. 2.  Minnesota Statutes 1994, section 18B.39, is