Minnesota Legislature
HF 3163
1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to legislation; correcting erroneous, 1.3 ambiguous, and omitted text and obsolete references; 1.4 eliminating certain redundant, conflicting, and 1.5 superseded provisions; reenacting certain legislation; 1.6 making miscellaneous technical corrections to statutes 1.7 and other laws; amending Minnesota Statutes 2000, 1.8 sections 13.04, subdivision 2; 13.461, subdivision 7; 1.9 13.4963, subdivision 2; 13.4967, subdivision 3; 1.10 13.741, subdivision 1; 13.7411, subdivision 5; 13D.05, 1.11 subdivision 2; 15A.086; 16D.11, subdivision 6; 17A.04, 1.12 subdivision 1; 31.51, subdivision 3; 32.073; 41A.09, 1.13 subdivision 8; 41B.045, subdivision 2; 41B.046, 1.14 subdivision 5; 41B.047, subdivision 4; 48.24, 1.15 subdivision 5; 115A.06, subdivision 5a; 115A.59; 1.16 115A.9157, subdivision 6; 115B.20, subdivisions 1, 2, 1.17 5; 115B.25, subdivision 2; 115B.26; 115B.28, as 1.18 amended; 115B.29, subdivision 1; 115B.30, subdivision 1.19 3; 115B.31, subdivisions 1, 2, 4; 115B.32; 115B.33; 1.20 115B.34; 115B.35, subdivisions 2, 3, 4, 8, 9; 115B.36; 1.21 115B.37; 115C.08, subdivisions 4, 5; 116J.615; 1.22 116J.616; 119A.11, subdivision 3; 119A.20, subdivision 1.23 1; 119A.46, subdivision 6; 144E.43, subdivision 1; 1.24 148.71, subdivision 3; 219.98; 221.185, subdivision 1.25 5a; 222.631, subdivision 1; 260B.171, subdivision 5; 1.26 270.708, subdivision 1; 270B.15; 297B.035, subdivision 1.27 3; 297I.05, subdivision 12; 297I.30, subdivisions 1, 1.28 5; 299F.11, subdivision 2; 349.163, subdivision 6; 1.29 349A.10, subdivision 5; 352D.02, subdivision 1; 1.30 383C.19; 401.05, subdivision 3; 437.08; 437.09; 1.31 437.10; 458D.02, subdivisions 2, 3; 458D.23; 469.110, 1.32 subdivision 2; 469.116, subdivision 7; 469.118, 1.33 subdivisions 1, 2, 4; 469.119, subdivision 1; 469.122; 1.34 469.154, subdivision 5; 471.415, subdivision 2; 1.35 501B.61, as amended; 514.94; 524.2-301; 524.2-604; 1.36 524.2-609; 583.24, subdivision 4; 609.341, subdivision 1.37 17; Minnesota Statutes 2001 Supplement, sections 1.38 16A.151, by adding a subdivision; 17B.15, subdivision 1.39 1; 60K.31, subdivision 1; 60K.32; 60K.34, subdivision 1.40 1; 60K.39, subdivisions 5, 6; 60K.48; 60K.51, 1.41 subdivision 6; 60K.52, subdivision 1; 61B.23, 1.42 subdivision 15; 119A.22; 136G.03, subdivision 20; 1.43 144.057, subdivision 4; 169.073; 214.01, subdivision 1.44 3; 216B.098, subdivision 2; 216B.2424, subdivision 5; 1.45 216B.2425, subdivision 3; 268.052, subdivision 1; 1.46 270.07, subdivision 3a; 275.28, subdivision 1; 275.70, 2.1 subdivision 5; 290A.03, subdivision 13; 297A.668, 2.2 subdivision 3; 336.9-334; 356.62; 376.08, subdivision 2.3 2; 501B.60, subdivision 3; 514.661, subdivision 5; 2.4 626.556, subdivision 11; Laws 1995, chapter 220, 2.5 sections 141, 142, as amended; Laws 1997, chapter 202, 2.6 article 2, section 61, as amended; Laws 2000, chapter 2.7 399, article 1, section 139; Laws 2001, chapter 171, 2.8 section 12; proposing coding for new law in Minnesota 2.9 Statutes, chapter 89A; repealing Minnesota Statutes 2.10 2000, sections 89A.01; 89A.02; 89A.03; 89A.04; 89A.05; 2.11 89A.06; 89A.07; 89A.08; 89A.09; 89A.10; 89A.11; 2.12 115B.27; 115B.35, subdivisions 1, 5, 6; 116.19; 2.13 221.0315; 437.11; 462A.072; 557.11; Minnesota Statutes 2.14 2001 Supplement, sections 16A.1286, subdivisions 4, 5; 2.15 Laws 1997, chapter 85, article 4, section 28; Laws 2.16 1999, chapter 159, section 79; Laws 1999, chapter 231, 2.17 section 180; Laws 2001, chapter 161, section 4; Laws 2.18 2001, chapter 162, section 4; Laws 2001, First Special 2.19 Session chapter 2, section 103; Laws 2001, First 2.20 Special Session chapter 8, article 7, section 1; 2.21 Minnesota Rules, parts 5300.0360; 7021.0001, subparts 2.22 2, 4; 7190.0002; 7190.0003; 7190.0004; 7190.0008, 2.23 subparts 1, 2; 7190.0015, subparts 1, 2; 7190.0100, 2.24 subpart 2; 7190.1000, subpart 1. 2.25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.26 ARTICLE 1 2.27 GENERAL 2.28 Section 1. Minnesota Statutes 2000, section 13.04, 2.29 subdivision 2, is amended to read: 2.30 Subd. 2. [INFORMATION REQUIRED TO BE GIVEN INDIVIDUAL.] An 2.31 individual asked to supply private or confidential data 2.32 concerning the individual shall be informed of: (a) the purpose 2.33 and intended use of the requested data within the collecting 2.34 state agency, political subdivision, or statewide system; (b) 2.35 whether the individual may refuse or is legally required to 2.36 supply the requested data; (c) any known consequence arising 2.37 from supplying or refusing to supply private or confidential 2.38 data; and (d) the identity of other persons or entities 2.39 authorized by state or federal law to receive the data. This 2.40 requirement shall not apply when an individual is asked to 2.41 supply investigative data, pursuant to section 13.82, 2.42 subdivision57, to a law enforcement officer. 2.43 Sec. 2. Minnesota Statutes 2000, section 13.461, 2.44 subdivision 7, is amended to read: 2.45 Subd. 7. [APPLICATION PROCEDURES.] Tribal licensing agency 2.46 access to criminal history data is governed by section 245A.04, 2.47 subdivision 3, paragraph(h)(u). 3.1 Sec. 3. Minnesota Statutes 2000, section 13.4963, 3.2 subdivision 2, is amended to read: 3.3 Subd. 2. [GENERALLY.] Classification and disclosure of tax 3.4 data created, collected, or maintained by the department of 3.5 revenue under chapter 115B (except taxes imposed under sections 3.6 115B.21 to 115B.24), 289A (except for taxes imposed under 3.7 sections 298.01, 298.015, and 298.24), 290, 290A, 291,or297A, 3.8 or 297H, and sections 295.50 to 295.59 or any similar Indian 3.9 tribal tax administered by the commissioner according to a tax 3.10 agreement between the state and an Indian tribal government are 3.11 governed by chapter 270B. 3.12 Sec. 4. Minnesota Statutes 2000, section 13.4967, 3.13 subdivision 3, is amended to read: 3.14 Subd. 3. [GROSS EARNINGS TAXESHOSPITAL AND HEALTH CARE 3.15 PROVIDER TAX.] Certain patient data provided to the department 3.16 of revenue underchapter 295sections 295.50 to 295.59 are 3.17 classified under section 295.57, subdivision 2. 3.18 Sec. 5. Minnesota Statutes 2000, section 13D.05, 3.19 subdivision 2, is amended to read: 3.20 Subd. 2. [WHEN MEETING MUST BE CLOSED.] (a) Any portion of 3.21 a meeting must be closed if expressly required by other law or 3.22 if the following types of data are discussed: 3.23 (1) data that would identify alleged victims or reporters 3.24 of criminal sexual conduct, domestic abuse, or maltreatment of 3.25 minors or vulnerable adults; 3.26 (2) active investigative data as defined in section 13.82, 3.27 subdivision57, or internal affairs data relating to 3.28 allegations of law enforcement personnel misconduct collected or 3.29 created by a state agency, statewide system, or political 3.30 subdivision; or 3.31 (3) educational data, health data, medical data, welfare 3.32 data, or mental health data that are not public data under 3.33 section 13.32, 13.3805, subdivision 1, 13.384, or 13.46, 3.34 subdivision 2 or 7. 3.35 (b) A public body shall close one or more meetings for 3.36 preliminary consideration of allegations or charges against an 4.1 individual subject to its authority. If the members conclude 4.2 that discipline of any nature may be warranted as a result of 4.3 those specific charges or allegations, further meetings or 4.4 hearings relating to those specific charges or allegations held 4.5 after that conclusion is reached must be open. A meeting must 4.6 also be open at the request of the individual who is the subject 4.7 of the meeting. 4.8 Sec. 6. Minnesota Statutes 2000, section 15A.086, is 4.9 amended to read: 4.10 15A.086 [LIMITS ON BONUS PAYMENTS.] 4.11 Notwithstanding any law to the contrary, an employee of the 4.12 state lottery or of a public corporation or nonprofit 4.13 corporation created by law may not receive bonus payments in any 4.14 year that exceed ten percent of the employee's base salary for 4.15 that year. For purposes of this section, bonus payments include 4.16 any combination of merit pay, achievement awards, or any other 4.17 cash payments in addition to base salary, other than severance 4.18 pay or overtime or holiday pay. Groups covered by this section 4.19 include, but are not limited to, the Workers' Compensation 4.20 Reinsurance Association, the Minnesota Insurance Guaranty 4.21 Association, the Fair plan, the Joint Underwriters Association, 4.22 the Minnesota Joint Underwriters Association, the Life and 4.23 Health Guaranty Association, the Minnesota Comprehensive Health 4.24 Association, the Minnesota State High School League, Minnesota 4.25 Technology, Inc., Agricultural Utilization Research Institute, 4.26 Minnesota Project Outreach Corporation,State Fund Mutual4.27Insurance Company,and the State Agricultural Society. This 4.28 section does not give any entity authority to grant a bonus not 4.29 otherwise authorized by law. 4.30 Sec. 7. Minnesota Statutes 2001 Supplement, section 4.31 16A.151, is amended by adding a subdivision to read: 4.32 Subd. 4. [SUPERSEDE.] This section supersedes section 4.33 8.31, subdivision 2c. 4.34 Sec. 8. Minnesota Statutes 2000, section 16D.11, 4.35 subdivision 6, is amended to read: 4.36 Subd. 6. [CHARGE TO REFERRING AGENCY.] If collection costs 5.1 are canceled under subdivision 3, an amount equal to thepenalty5.2 costs is retained by the commissioner from the debt collected, 5.3 and is accounted for and subject to the same provisions of this 5.4 chapter as if thepenaltycosts had been collected from the 5.5 debtor. 5.6 Sec. 9. Minnesota Statutes 2000, section 17A.04, 5.7 subdivision 1, is amended to read: 5.8 Subdivision 1. [LICENSING PROVISIONS.] Licenses shall be 5.9 issued to livestock market agencies and public stockyards 5.10 annually and shall expire on December 31 each year, renewable 5.11 annually thereafter. A separate license must be obtained for 5.12 each separate geographical location even though operated under 5.13 the same management or same person, partnership, firm, 5.14 corporation, or livestock market. The license issued to a 5.15 livestock market agency and public stockyard shall be 5.16 conspicuously posted at the licensee's place of business. 5.17 Licenses shall be required for livestock dealers and their 5.18 agents for the period beginning July 1 each year and ending June 5.19 30. The license issued to a livestock dealer or the agent of a 5.20 livestock dealer shall be carried by the person so licensed. 5.21 The livestock dealer shall be responsible for the acts of the 5.22 dealer's agents. Licensed livestock market agencies, public 5.23 stockyards, and livestock dealers shall be responsible for the 5.24 faithful performance of duty of the public livestock weighers at 5.25 their places of business. The license issued to a livestock 5.26 market agency, public stockyard or livestock dealer or agent of 5.27 a livestock dealer is not transferable. The operation of 5.28 livestock market agencies, livestock dealers, agents and packers 5.29 at a public stockyard are exempt from sections 17A.01 5.30 to17A.091,17A.09 and 17A.12 to 17A.17. 5.31 Sec. 10. Minnesota Statutes 2001 Supplement, section 5.32 17B.15, subdivision 1, is amended to read: 5.33 Subdivision 1. [ADMINISTRATION; APPROPRIATION.] The fees 5.34 for inspection and weighing shall be fixed by the commissioner 5.35 and be a lien upon the grain. The commissioner shall set fees 5.36 for all inspection and weighing in an amount adequate to pay the 6.1 expenses of carrying out and enforcing the purposes of sections 6.2 17B.01 to 17B.22, including the portion of general support costs 6.3 and statewide indirect costs of the agency attributable to that 6.4 function, with a reserve sufficient for up to six months. The 6.5 commissioner shall review the fee schedule twice each year. Fee 6.6 adjustments are not subject to chapter 14. Payment shall be 6.7 required for services rendered. 6.8 All fees collected and all fines and penalties for 6.9 violation of any provision of this chapter shall be deposited in 6.10 the grain inspection and weighing account, which is created in 6.11 the agricultural fund for carrying out the purpose of sections 6.12 17B.01 to17B.2317B.22. The money in the account, including 6.13 interest earned on the account, is annually appropriated to the 6.14 commissioner of agriculture to administer the provisions of 6.15 sections 17B.01 to17B.2317B.22. When money from any other 6.16 account is used to administer sections 17B.01 to17B.2317B.22, 6.17 the commissioner shall notify the chairs of the agriculture, 6.18 environment and natural resources finance, and ways and means 6.19 committees of the house of representatives; the agriculture and 6.20 rural development and finance committees of the senate; and the 6.21 finance division of the environment and natural resources 6.22 committee of the senate. 6.23 Sec. 11. Minnesota Statutes 2000, section 31.51, 6.24 subdivision 3, is amended to read: 6.25 Subd. 3. [RETAIL MEAT MARKET; WHOLESALE MEAT PROCESSING 6.26 ESTABLISHMENT.] "Retail meat market" or "wholesale meat 6.27 processing establishment" means an establishment with or without 6.28 slaughtering facilities, where animal carcasses or edible 6.29 products derived therefrom are cured, salted, processed, 6.30 packaged, or otherwise prepared for sale as food intended for 6.31 human consumption; provided, however, that retail meat market or 6.32 wholesale meat processing establishment does not include: (1) a 6.33 purveyor of meals, or (2) a frozen food processing plant 6.34licensed under section 31.185 andin which no slaughtering 6.35 operations are conducted. 6.36 Sec. 12. Minnesota Statutes 2000, section 32.073, is 7.1 amended to read: 7.2 32.073 [LICENSES; EXAMINATIONS, QUALIFICATIONS.] 7.3 A grading and testing license shall be issued by the 7.4 commissioner to a person making application therefor, after the 7.5 commissioner has determined that the applicant is competent and 7.6 qualified to grade and test milk and cream, and that the 7.7 applicant understands and is familiar with the provisions of 7.8 sections 32.01 to32.53232.486. Any conviction for violating 7.9 sections 32.01 to32.53232.486 or the standards, grades, and 7.10 rules adopted by the commissioner shall be taken into 7.11 consideration in determining whether or not the applicant is 7.12 competent and qualified. 7.13 Sec. 13. Minnesota Statutes 2000, section 41A.09, 7.14 subdivision 8, is amended to read: 7.15 Subd. 8. [PROMOTIONAL AND EDUCATIONAL MATERIALS; 7.16 DESCRIPTION OF MULTIPLE SOURCES OF ETHANOL REQUIRED.] 7.17 Promotional or educational efforts related to ethanol that are 7.18 financed wholly or partially with state funds and that promote 7.19 or identify a particular crop or commodity used to produce 7.20 ethanol must also include a description of the other potential 7.21 sources of ethanol listed in subdivision22a. 7.22 Sec. 14. Minnesota Statutes 2000, section 41B.045, 7.23 subdivision 2, is amended to read: 7.24 Subd. 2. [LOAN PARTICIPATION.] The authority may 7.25 participate in a livestock expansion loan with an eligible 7.26 lender to a livestock farmer who meets the requirements of 7.27 section 41B.03, subdivision 1, clauses (1) and (2), and who are 7.28 actively engaged in a livestock operation. A prospective 7.29 borrower must have a total net worth, including assets and 7.30 liabilities of the borrower's spouse and dependents, of less 7.31 than $400,000 in 1999 and an amount in subsequent years which is 7.32 adjusted for inflation by multiplying $400,000 by the cumulative 7.33 inflation rate as determined by the United States All-Items 7.34 Consumer Price Index. 7.35 Participation is limited to 45 percent of the principal 7.36 amount of the loan or $250,000, whichever is less. The interest 8.1 rates and repayment terms of the authority's participation 8.2 interest may be different from the interest rates and repayment 8.3 terms of the lender's retained portion of the loan.Loans under8.4this program must not be included in the lifetime limitation8.5calculated under section 41B.03, subdivision 1.8.6 Sec. 15. Minnesota Statutes 2000, section 41B.046, 8.7 subdivision 5, is amended to read: 8.8 Subd. 5. [LOANS.] (a) The authority may participate in a 8.9 stock loan with an eligible lender to a farmer who is eligible 8.10 under subdivision 4. Participation is limited to 45 percent of 8.11 the principal amount of the loan or $24,000, whichever is less. 8.12 The interest rates and repayment terms of the authority's 8.13 participation interest may differ from the interest rates and 8.14 repayment terms of the lender's retained portion of the loan, 8.15 but the authority's interest rate must not exceed 50 percent of 8.16 the lender's interest rate. 8.17 (b) No more than 95 percent of the purchase price of the 8.18 stock may be financed under this program. 8.19 (c)Loans under this program must not be included in the8.20lifetime limitation calculated under section 41B.03, subdivision8.211.8.22(d)Security for stock loans must be the stock purchased, a 8.23 personal note executed by the borrower, and whatever other 8.24 security is required by the eligible lender or the authority. 8.25(e)(d) The authority may impose a reasonable nonrefundable 8.26 application fee for each application for a stock loan. The 8.27 authority may review the fee annually and make adjustments as 8.28 necessary. The application fee is initially $50. Application 8.29 fees received by the authority must be deposited in the 8.30 value-added agricultural product revolving fund. 8.31(f)(e) Stock loans under this program will be made using 8.32 money in the value-added agricultural product revolving fund 8.33 established under subdivision 3. 8.34(g)(f) The authority may not grant stock loans in a 8.35 cumulative amount exceeding $2,000,000 for the financing of 8.36 stock purchases in any one cooperative. 9.1 Sec. 16. Minnesota Statutes 2000, section 41B.047, 9.2 subdivision 4, is amended to read: 9.3 Subd. 4. [LOANS.] (a) The authority may participate in a 9.4 disaster recovery loan with an eligible lender to a farmer who 9.5 is eligible under subdivision 3. Participation is limited to 45 9.6 percent of the principal amount of the loan or $50,000, 9.7 whichever is less. The interest rates and repayment terms of 9.8 the authority's participation interest may differ from the 9.9 interest rates and repayment terms of the lender's retained 9.10 portion of the loan, but the authority's interest rate must not 9.11 exceed four percent. 9.12 (b) Standards for loan amortization shall be set by the 9.13 rural finance authority not to exceed ten years. 9.14 (c)Loans under this program must not be included in the9.15lifetime limitation calculated under section 41B.03, subdivision9.161.9.17(d)Security for the disaster recovery loans must be a 9.18 personal note executed by the borrower and whatever other 9.19 security is required by the eligible lender or the authority. 9.20(e)(d) The authority may impose a reasonable nonrefundable 9.21 application fee for a disaster recovery loan. The authority may 9.22 review the fee annually and make adjustments as necessary. The 9.23 application fee is initially $50. Application fees received by 9.24 the authority must be deposited in the disaster recovery 9.25 revolving fund. 9.26(f)(e) Disaster recovery loans under this program will be 9.27 made using money in the disaster recovery revolving fund 9.28 established under subdivision 2. 9.29 Sec. 17. Minnesota Statutes 2000, section 48.24, 9.30 subdivision 5, is amended to read: 9.31 Subd. 5. Loans or obligations shall not be subject under 9.32 this section to any limitation based upon such capital and 9.33 surplus to the extent that they are secured or covered by 9.34 guarantees, or by commitments or agreements to take over or to 9.35 purchase the same, made by: 9.36 (1) the commissioner of agriculture on the purchase of 10.1 agricultural land; 10.2 (2) any Federal Reserve bank; 10.3 (3) the United States or any department, bureau, board, 10.4 commission, or establishment of the United States, including any 10.5 corporation wholly owned directly or indirectly by the United 10.6 States; 10.7 (4) the Minnesotaenergytrade and economic development 10.8authoritydepartment; 10.9 (5) the Minnesota export finance authority; or 10.10 (6) a municipality or political subdivision within 10.11 Minnesota to the extent that the guarantee or collateral is a 10.12 valid and enforceable general obligation of that political body. 10.13 Sec. 18. Minnesota Statutes 2001 Supplement, section 10.14 60K.31, subdivision 1, is amended to read: 10.15 Subdivision 1. [SCOPE.] For purposes of sections 10.1660K.3160K.30 to60K.5760K.56, the terms in subdivisions 2 to 10.17 18 have the meanings given them. The definitions in section 10.18 60A.02 are applicable to terms not defined in this section, 10.19 unless the language or context clearly indicates that a 10.20 different meaning is intended. 10.21 Sec. 19. Minnesota Statutes 2001 Supplement, section 10.22 60K.32, is amended to read: 10.23 60K.32 [LICENSE REQUIRED.] 10.24 A person shall not sell, solicit, or negotiate insurance in 10.25 this state for any class or classes of insurance unless the 10.26 person is licensed for that line of authority under sections 10.2760K.3160K.30 to60K.5760K.56. The license itself does not 10.28 create any authority, actual, apparent, or inherent, in the 10.29 holder to represent or commit an insurance carrier. 10.30 Sec. 20. Minnesota Statutes 2001 Supplement, section 10.31 60K.34, subdivision 1, is amended to read: 10.32 Subdivision 1. [LICENSE NOT REQUIRED.] Nothing in sections 10.3360K.3160K.30 to60K.5760K.56 requires an insurer to obtain an 10.34 insurance producer license. In this section, the term "insurer" 10.35 does not include an insurer's officers, directors, employees, 10.36 subsidiaries, or affiliates. 11.1 Sec. 21. Minnesota Statutes 2001 Supplement, section 11.2 60K.39, subdivision 5, is amended to read: 11.3 Subd. 5. [SURPLUS LINES PRODUCERS.] (a) Notwithstanding 11.4 any other provision of sections60K.3160K.30 to60K.5760K.56, 11.5 a person licensed as a surplus lines producer in the person's 11.6 home state shall receive a nonresident surplus lines producer 11.7 license under subdivision 1. Except as to subdivision 1, 11.8 nothing in this section otherwise amends or supersedes any 11.9 provision of sections 60A.195 to 60A.209. 11.10 (b) No surplus lines agent or broker licensed under 11.11 sections 60A.195 to 60A.209 may do business in this state unless 11.12 the agent or broker has complied with the requirements set forth 11.13 in section 60A.198, subdivision 3, paragraphs (b) to (d). 11.14 Sec. 22. Minnesota Statutes 2001 Supplement, section 11.15 60K.39, subdivision 6, is amended to read: 11.16 Subd. 6. [LIMITED LINES PRODUCER.] Notwithstanding any 11.17 other provision of sections60K.3160K.30 to60K.5760K.56, a 11.18 person licensed as a limited line credit insurance or other type 11.19 of limited lines producer in the person's home state shall 11.20 receive a nonresident limited lines producer license, under 11.21 subdivision 1, granting the same scope of authority as granted 11.22 under the license issued by the producer's home state. For the 11.23 purposes of this subdivision, limited line insurance is any 11.24 authority granted by the home state that restricts the authority 11.25 of the license to less than the total authority prescribed in 11.26 the associated major lines pursuant to section 60K.38, 11.27 subdivision 1, clauses (1) to (6). 11.28 Sec. 23. Minnesota Statutes 2001 Supplement, section 11.29 60K.48, is amended to read: 11.30 60K.48 [COMMISSIONS.] 11.31 Subdivision 1. [PAYMENT PROHIBITED.] An insurance company 11.32 or insurance producer shall not pay a commission, service fee, 11.33 brokerage, or other valuable consideration to a person for 11.34 selling, soliciting, or negotiating insurance in this state if 11.35 that person is required to be licensed under sections 11.3660K.3160K.30 to60K.5760K.56 and is not so licensed. 12.1 Subd. 2. [ACCEPTANCE PROHIBITED.] A person shall not 12.2 accept a commission, service fee, brokerage, or other valuable 12.3 consideration for selling, soliciting, or negotiating insurance 12.4 in this state if that person is required to be licensed under 12.5 sections60K.3160K.30 to60K.5760K.56 and is not so licensed. 12.6 Subd. 3. [EXCEPTIONS.] (a) Renewal or other deferred 12.7 commissions may be paid to a person for selling, soliciting, or 12.8 negotiating insurance in this state if the person was required 12.9 to be licensed under sections60K.3160K.30 to60K.5760K.56 at 12.10 the time of the sale, solicitation, or negotiation and was so 12.11 licensed at that time. 12.12 (b) An insurer or insurance producer may pay or assign 12.13 commissions, service fees, brokerages, or other valuable 12.14 consideration to an insurance agency or to persons who do not 12.15 sell, solicit, or negotiate insurance in this state, unless the 12.16 payment would constitute an illegal rebate or otherwise violate 12.17 section 72A.20, subdivision 10. A duly licensed producer may 12.18 pay commissions or assign or direct that commissions be paid to 12.19 a partnership of which the producer is a member, employee, or 12.20 agent, or to a corporation of which the agent is an officer, 12.21 employee, or agent. 12.22 Sec. 24. Minnesota Statutes 2001 Supplement, section 12.23 60K.51, subdivision 6, is amended to read: 12.24 Subd. 6. [CLASSIFICATION OF INVESTIGATIVE DATA.] Any 12.25 documents, materials, or other information in the control or 12.26 possession of the department of commerce that is furnished by an 12.27 insurer, producer, or an employee or agent of an insurer or 12.28 producer acting on behalf of the insurer or producer, or 12.29 obtained by the commissioner in an investigation pursuant to 12.30 this section is classified as confidential data pursuant to 12.31 section 13.41, subdivision 4, or private data pursuant to 12.32 section 13.41, subdivision 2. 12.33 Sec. 25. Minnesota Statutes 2001 Supplement, section 12.34 60K.52, subdivision 1, is amended to read: 12.35 Subdivision 1. [COMMISSIONER'S AUTHORITY.] In order to 12.36 assist in the performance of the commissioner's duties under 13.1 sections60K.3160K.30 to60K.5760K.56, the commissioner: 13.2 (1) may share licensing data or any active or inactive 13.3 investigative data with other state, federal, and international 13.4 regulatory agencies, with the National Association of Insurance 13.5 Commissioners, its affiliates or subsidiaries, and with state, 13.6 federal, and international law enforcement authorities if the 13.7 recipient agrees to maintain the data in a manner consistent 13.8 with its data classification; 13.9 (2) may receive documents, materials, or information, 13.10 including otherwise confidential and privileged documents, 13.11 materials, or information, from the National Association of 13.12 Insurance Commissioners, its affiliates or subsidiaries, and 13.13 from regulatory and law enforcement officials of other foreign 13.14 or domestic jurisdictions, and shall maintain as confidential or 13.15 privileged any document, material, or information received with 13.16 notice or the understanding that it is confidential or 13.17 privileged under the laws of the jurisdiction that is the source 13.18 of the document, material, or information; and 13.19 (3) may enter into agreements governing sharing and use of 13.20 information consistent with this subdivision. 13.21 No waiver of any applicable privilege or claim of 13.22 confidentiality in the documents, materials, or information 13.23 occurs as a result of disclosure to the commissioner under this 13.24 section or as a result of sharing as authorized in this 13.25 subdivision. 13.26 Nothing in sections60K.3160K.30 to60K.5760K.56 13.27 prohibits the commissioner from releasing information concerning 13.28 final, adjudicated actions, including for-cause terminations, to 13.29 a database or other clearinghouse service maintained by the 13.30 National Association of Insurance Commissioners, its affiliates, 13.31 or subsidiaries of the National Association of Insurance 13.32 Commissioners. 13.33 Sec. 26. Minnesota Statutes 2001 Supplement, section 13.34 61B.23, subdivision 15, is amended to read: 13.35 Subd. 15. [VENUE; APPEAL BOND.] Except as otherwise 13.36 provided in section 61B.24, subdivision 10, or 61B.26, paragraph 14.1 (c), venue in a suit against the association arising under 14.2 sections62B.18 to 62B.3261B.18 to 61B.32 shall be in Ramsey 14.3 county. The association shall not be required to give an appeal 14.4 bond in an appeal that relates to a cause of action arising 14.5 under sections 61B.18 to 61B.32. 14.6 Sec. 27. [89A.11] [REPEALER.] 14.7 Sections 89A.01; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 14.8 89A.07; 89A.08; 89A.09; 89A.10; and 89A.11, are repealed June 14.9 30, 2007. 14.10 Sec. 28. Minnesota Statutes 2000, section 115A.06, 14.11 subdivision 5a, is amended to read: 14.12 Subd. 5a. [ACQUISITION OF EASEMENTS.] If the office 14.13 determines that any activity deemed necessary to accomplish its 14.14 purposes under subdivision 5 constitutes a substantial 14.15 interference with the possession, enjoyment, or value of the 14.16 property where the activity will take place, the office may 14.17 acquire a temporary easement interest in the property that 14.18 permits the office to carry out the activity and other 14.19 activities incidental to the accomplishment of the same 14.20 purposes. The office may acquire temporary easement interests 14.21 under this subdivision by purchase, gift, or condemnation. The 14.22 right of the office to acquire a temporary easement is subject 14.23 to the same requirements and may be exercised with the same 14.24 authority as provided for acquisition of property interests by 14.25 the commissioner of administration under Minnesota Statutes 14.26 1994, section 115A.06, subdivision 4. 14.27 Sec. 29. Minnesota Statutes 2000, section 115A.59, is 14.28 amended to read: 14.29 115A.59 [BOND AUTHORIZATION AND APPROPRIATION OF PROCEEDS.] 14.30 The commissioner of finance is authorized, upon request of 14.31 the director, to sell state bonds in the amount of up to 14.32 $8,800,000 for the purpose of the waste processing facility 14.33 capital assistance program under section 115A.54, and in the14.34amount of up to $6,200,000 for the purpose of acquiring real14.35property and interests in real property for hazardous waste14.36facility sites and buffer areas as authorized by section15.1115A.06, subdivision 4. The bonds shall be sold in the manner 15.2 and upon the conditions prescribed in sections 16A.631 to 15.3 16A.675, and in the Minnesota Constitution, article XI, sections 15.4 4 to 7. The amount of bonds issued pursuant to this 15.5 authorization shall not exceed at any time the amount needed to 15.6 produce a balance in the waste management account equal to the 15.7 aggregate amount of the loans and grants then approved and not 15.8 previously disbursed, plus the amount of the loans and grants to 15.9 be approved in the current and the following fiscal year, as 15.10 estimated by the director. 15.11 Sec. 30. Minnesota Statutes 2000, section 115A.9157, 15.12 subdivision 6, is amended to read: 15.13 Subd. 6. [LIST OF PARTICIPANTS.] A manufacturer or its 15.14 representative organization shall inform thelegislative15.15commission on waste managementcommittees listed in subdivision 15.16 5 when they begin participating in the projects and programs and 15.17 immediately if they withdraw participation.The list of15.18participants shall be available to retailers, distributors,15.19governmental agencies, and other interested persons who provide15.20a self-addressed stamped envelope to the commission.15.21 Sec. 31. Minnesota Statutes 2000, section 115B.20, 15.22 subdivision 1, is amended to read: 15.23 Subdivision 1. [ESTABLISHMENT.] (a) The environmental 15.24 response, compensation, and compliance account is in the 15.25 environmental fund in the state treasury and may be spent only 15.26 for the purposes provided in subdivision 2. 15.27 (b) The commissioner of finance shall administer a response 15.28 account for the agency and the commissioner of agriculture to 15.29 take removal, response, and other actions authorized under 15.30 subdivision 2, clauses (1) to (4) and(10) to (12)(9) to (11). 15.31 The commissioner of finance shall transfer money from the 15.32 response account to the agency and the commissioner of 15.33 agriculture to take actions required under subdivision 2, 15.34 clauses (1) to (4) and(10) to (12)(9) to (11). 15.35 (c) The commissioner of finance shall administer the 15.36 account in a manner that allows the commissioner of agriculture 16.1 and the agency to utilize the money in the account to implement 16.2 their removal and remedial action duties as effectively as 16.3 possible. 16.4 (d) Amounts appropriated to the commissioner of finance 16.5 under this subdivision shall not be included in the department 16.6 of finance budget but shall be included in the pollution control 16.7 agency and department of agriculture budgets. 16.8 (e) All money recovered by the state under section 115B.04 16.9 or any other law for injury to, destruction of, or loss of 16.10 natural resources resulting from the release of a hazardous 16.11 substance, or a pollutant or contaminant, must be credited to 16.12 the environmental response, compensation, and compliance account 16.13 in the environmental fund and is appropriated to the 16.14 commissioner of natural resources for purposes of subdivision 2, 16.15 clause (5), consistent with any applicable term of judgments, 16.16 consent decrees, consent orders, or other administrative actions 16.17 requiring payments to the state for such purposes. Before 16.18 making an expenditure of money appropriated under this 16.19 paragraph, the commissioner of natural resources shall provide 16.20 written notice of the proposed expenditure to the chairs of the 16.21 senate committee on finance, the house of representatives 16.22 committee on ways and means, the finance division of the senate 16.23 committee on environment and natural resources, and the house of 16.24 representatives committee on environment and natural resources 16.25 finance. 16.26 Sec. 32. Minnesota Statutes 2000, section 115B.20, 16.27 subdivision 2, is amended to read: 16.28 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject 16.29 to appropriation by the legislature the money in the account may 16.30 be spent for any of the following purposes: 16.31 (1) preparation by the agency and the commissioner of 16.32 agriculture for taking removal or remedial action under section 16.33 115B.17, or under chapter 18D, including investigation, 16.34 monitoring and testing activities, enforcement and compliance 16.35 efforts relating to the release of hazardous substances, 16.36 pollutants or contaminants under section 115B.17 or 115B.18, or 17.1 chapter 18D; 17.2 (2) removal and remedial actions taken or authorized by the 17.3 agency or the commissioner of the pollution control agency under 17.4 section 115B.17, or taken or authorized by the commissioner of 17.5 agriculture under chapter 18D including related enforcement and 17.6 compliance efforts under section 115B.17 or 115B.18, or chapter 17.7 18D, and payment of the state share of the cost of remedial 17.8 action which may be carried out under a cooperative agreement 17.9 with the federal government pursuant to the federal Superfund 17.10 Act, under United States Code, title 42, section 9604(c)(3) for 17.11 actions related to facilities other than commercial hazardous 17.12 waste facilities located under the siting authority of chapter 17.13 115A; 17.14 (3) reimbursement to any private person for expenditures 17.15 made before July 1, 1983, to provide alternative water supplies 17.16 deemed necessary by the agency or the commissioner of 17.17 agriculture and the department of health to protect the public 17.18 health from contamination resulting from the release of a 17.19 hazardous substance; 17.20 (4) removal and remedial actions taken or authorized by the 17.21 agency or the commissioner of agriculture or the pollution 17.22 control agency under section 115B.17, or chapter 18D, including 17.23 related enforcement and compliance efforts under section 115B.17 17.24 or 115B.18, or chapter 18D, and payment of the state share of 17.25 the cost of remedial action which may be carried out under a 17.26 cooperative agreement with the federal government pursuant to 17.27 the federal Superfund Act, under United States Code, title 42, 17.28 section 9604(c)(3) for actions related to commercial hazardous 17.29 waste facilities located under the siting authority of chapter 17.30 115A; 17.31 (5) planning and implementation by the commissioner of 17.32 natural resources of the rehabilitation, restoration, or 17.33 acquisition of natural resources to remedy injuries or losses to 17.34 natural resources resulting from the release of a hazardous 17.35 substance; 17.36 (6) inspection, monitoring, and compliance efforts by the 18.1 agency, or by political subdivisions with agency approval, of 18.2 commercial hazardous waste facilities located under the siting 18.3 authority of chapter 115A; 18.4 (7) grants by the agency or the office of environmental 18.5 assistance to demonstrate alternatives to land disposal of 18.6 hazardous waste including reduction, separation, pretreatment, 18.7 processing and resource recovery, for education of persons 18.8 involved in regulating and handling hazardous waste; 18.9 (8)intervention and environmental mediation by the18.10legislative commission on waste management under chapter 115A;18.11(9)grants by the agency to study the extent of 18.12 contamination and feasibility of cleanup of hazardous substances 18.13 and pollutants or contaminants in major waterways of the state; 18.14(10)(9) acquisition of a property interest under section 18.15 115B.17, subdivision 15; 18.16(11)(10) reimbursement, in an amount to be determined by 18.17 the agency in each case, to a political subdivision that is not 18.18 a responsible person under section 115B.03, for reasonable and 18.19 necessary expenditures resulting from an emergency caused by a 18.20 release or threatened release of a hazardous substance, 18.21 pollutant, or contaminant; and 18.22(12)(11) reimbursement to a political subdivision for 18.23 expenditures in excess of the liability limit under section 18.24 115B.04, subdivision 4. 18.25 Sec. 33. Minnesota Statutes 2000, section 115B.20, 18.26 subdivision 5, is amended to read: 18.27 Subd. 5. [RECOMMENDATION.] Thelegislative commission on18.28waste management and thecommissioner of agriculture shall make 18.29 recommendations to the standing legislative committees on 18.30 finance and appropriations regarding appropriations from the 18.31 account. 18.32 Sec. 34. Minnesota Statutes 2000, section 116J.615, is 18.33 amended to read: 18.34 116J.615 [OFFICE OF TOURISM.] 18.35 Subdivision 1. [DUTIES OFDIRECTORDEPUTY COMMISSIONER.] 18.36 Thedirectordeputy commissioner of the office of tourism shall: 19.1 (1) publish, disseminate, and distribute informational and 19.2 promotional literature; 19.3 (2) promote and encourage the expansion and development of 19.4 international tourism marketing; 19.5 (3) advertise and disseminate information about travel 19.6 opportunities in the state of Minnesota; 19.7 (4) aid various local communities to improve their tourism 19.8 marketing programs; 19.9 (5) coordinate and implement a comprehensive state tourism 19.10 marketing program that takes into consideration all public and 19.11 private businesses and attractions; 19.12 (6) conduct market research and analysis to improve 19.13 marketing techniques in the area of tourism; 19.14 (7) investigate and study conditions affecting Minnesota's 19.15 tourism industry, collect and disseminate information, and 19.16 engage in technical studies, scientific investigations, and 19.17 statistical research and educational activities necessary or 19.18 useful for the proper execution of the powers and duties of the 19.19directordeputy commissioner in promoting and developing 19.20 Minnesota's tourism industry, both within and outside the state; 19.21 (8) apply for, accept, receive, and expend any funds for 19.22 the promotion of tourism in Minnesota. All money received by 19.23 thedirectordeputy commissioner under this subdivision shall be 19.24 deposited in the state treasury and is appropriated to 19.25 thedirectordeputy commissioner for the purposes for which the 19.26 money has been received. Thedirectordeputy commissioner may 19.27 enter into interagency agreements and may agree to share net 19.28 revenues with the contributing agencies. The money does not 19.29 cancel and is available until expended; and 19.30 (9) plan and conduct information and publicity programs to 19.31 attract tourists, visitors, and other interested persons from 19.32 outside the state to this state; encourage and coordinate 19.33 efforts of other public and private organizations or groups of 19.34 citizens to publicize facilities and attractions in this state; 19.35 and work with representatives of the hospitality and tourism 19.36 industry to carry out its programs. 20.1 Sec. 35. Minnesota Statutes 2000, section 116J.616, is 20.2 amended to read: 20.3 116J.616 [SPECIFIC AGREEMENTS PROHIBITED.] 20.4 The commissioner ordirectordeputy commissioner of the 20.5 office of tourism may not enter into an agreement which would 20.6 obligate the state to pay any part of a debt incurred by a 20.7 public or private facility, organization, or attraction. 20.8 Sec. 36. Minnesota Statutes 2000, section 119A.11, 20.9 subdivision 3, is amended to read: 20.10 Subd. 3. [ADVISORY COUNCIL.] "Advisory council" means the 20.11 advisory council established under section119A.13119A.35. 20.12 Sec. 37. Minnesota Statutes 2000, section 119A.20, 20.13 subdivision 1, is amended to read: 20.14 Subdivision 1. [DEFINITIONS.] For the purposes of sections 20.15 119A.20 to119A.23119A.22, the following terms have the 20.16 meanings given. 20.17 Sec. 38. Minnesota Statutes 2001 Supplement, section 20.18 119A.22, is amended to read: 20.19 119A.22 [DUTIES OF COMMISSIONER.] 20.20 The commissioner shall: 20.21 (1) review applications and award grants to programs 20.22 pursuant to section 119A.21; 20.23 (2) design a uniform method of collecting data to be used 20.24 to monitor and assure compliance of the programs funded under 20.25 section 119A.21; 20.26 (3) provide technical assistance to applicants in the 20.27 development of grant requests and to grantees in meeting the 20.28 data collection requirements established by the commissioner; 20.29 and 20.30 (4) adopt, under chapter 14, all rules necessary to 20.31 implement the provisions of sections 119A.20 to119A.23119A.22. 20.32 Sec. 39. Minnesota Statutes 2000, section 119A.46, 20.33 subdivision 6, is amended to read: 20.34 Subd. 6. [ON-THE-JOB TRAINING COMPONENT.] (a) Programs 20.35 established under this section must provide on-the-job training 20.36 for swab team workers.Training methods must follow procedures21.1established under section 144.9506.21.2 (b) Swab team workers must receive monetary compensation 21.3 equal to the prevailing wage as defined in section 177.42, 21.4 subdivision 6, for comparable jobs in the licensed contractor's 21.5 principal business. 21.6 Sec. 40. Minnesota Statutes 2001 Supplement, section 21.7 136G.03, subdivision 20, is amended to read: 21.8 Subd. 20. [MAXIMUM ACCOUNT BALANCE LIMIT.] "Maximum 21.9 account balance limit" means the amount established by the 21.10 office under section136.2441136G.09, subdivision 8, paragraph 21.11 (d). 21.12 Sec. 41. Minnesota Statutes 2001 Supplement, section 21.13 144.057, subdivision 4, is amended to read: 21.14 Subd. 4. [RESPONSIBILITIES OF FACILITIES AND AGENCIES.] 21.15 Facilities and agencies described in subdivision 1 shall be 21.16 responsible for cooperating with the departments in implementing 21.17 the provisions of this section. The responsibilities imposed on 21.18 applicants and licensees under chapter 245A shall apply to these 21.19 facilities and supplemental nursing services agencies. The 21.20 provision of section 245A.04, subdivision 3, paragraph(e)(n), 21.21 shall apply to applicants, licensees, registrants, or an 21.22 individual's refusal to cooperate with the completion of the 21.23 background studies. Supplemental nursing services agencies 21.24 subject to the registration requirements in section 144A.71 must 21.25 maintain records verifying compliance with the background study 21.26 requirements under this section. 21.27 Sec. 42. Minnesota Statutes 2000, section 144E.43, 21.28 subdivision 1, is amended to read: 21.29 Subdivision 1. [AWARD PAYMENTS.] (a) The emergency medical 21.30 services regulatory board or the board's designee under section 21.31 144E.40, subdivision 2, shall pay ambulance service personnel 21.32 longevity awards to qualified ambulance service personnel 21.33 determined to be entitled to an award under section 144E.46 by 21.34 the board based on the submissions by the various ambulance 21.35 services. Amounts necessary to pay the ambulance service 21.36 personnel longevity award are appropriated from the ambulance 22.1 service personnel longevity award and incentive trust account to 22.2 the board. 22.3 (b) If the state of Minnesota is unable to meet its 22.4 financial obligations as they become due, thecommissioner of22.5healthboard shall undertake all necessary steps to discontinue 22.6 paying ambulance service personnel longevity awards until the 22.7 state of Minnesota is again able to meet its financial 22.8 obligations as they become due. 22.9 Sec. 43. Minnesota Statutes 2000, section 148.71, 22.10 subdivision 3, is amended to read: 22.11 Subd. 3. [FOREIGN-TRAINED PHYSICAL THERAPISTS; TEMPORARY 22.12 PERMITS.] (a) The board ofmedical practicephysical therapy may 22.13 issue a temporary permit to a foreign-trained physical therapist 22.14 who: 22.15 (1) is enrolled in a supervised physical therapy 22.16 traineeship that meets the requirements under paragraph (b); 22.17 (2) has completed a physical therapy education program 22.18 equivalent to that under section 148.705 and Minnesota Rules, 22.19 part 5601.0800, subpart 2; 22.20 (3) has achieved a score of at least 550 on the test of 22.21 English as a foreign language or a score of at least 85 on the 22.22 Minnesota battery test; and 22.23 (4) has paid a nonrefundable fee set by the board. 22.24 A foreign-trained physical therapist must have the 22.25 temporary permit before beginning a traineeship. 22.26 (b) A supervised physical therapy traineeship must: 22.27 (1) be at least six months; 22.28 (2) be at a board-approved facility; 22.29 (3) provide a broad base of clinical experience to the 22.30 foreign-trained physical therapist including a variety of 22.31 physical agents, therapeutic exercises, evaluation procedures, 22.32 and patient diagnoses; 22.33 (4) be supervised by a physical therapist who has at least 22.34 three years of clinical experience and is licensed under 22.35 subdivision 1; and 22.36 (5) be approved by the board before the foreign-trained 23.1 physical therapist begins the traineeship. 23.2 (c) A temporary permit is effective on the first day of a 23.3 traineeship and expires 90 days after the next examination for 23.4 licensing given by the board following successful completion of 23.5 the traineeship or on the date on which the board, after 23.6 examination of the applicant, grants or denies the applicant a 23.7 license to practice, whichever occurs first. 23.8 (d) A foreign-trained physical therapist must successfully 23.9 complete a traineeship to be licensed as a physical therapist 23.10 under subdivision 1. The traineeship may be waived for a 23.11 foreign-trained physical therapist who is licensed or otherwise 23.12 registered in good standing in another state and has 23.13 successfully practiced physical therapy in that state under the 23.14 supervision of a licensed or registered physical therapist for 23.15 at least six months at a facility that meets the requirements 23.16 under paragraph (b), clauses (2) and (3). 23.17 (e) A temporary permit will not be issued to a 23.18 foreign-trained applicant who has been issued a temporary permit 23.19 for longer than six months in any other state. 23.20 Sec. 44. Minnesota Statutes 2001 Supplement, section 23.21 169.073, is amended to read: 23.22 169.073 [PROHIBITED LIGHT OR SIGNAL.] 23.23 (a) No person or corporation shall place, maintain or 23.24 display any red light or red sign, signal, or lighting device or 23.25 maintain it in view of any highway or any line of railroad on or 23.26 over which trains are operated in such a way as to interfere 23.27 with the effectiveness or efficiency of any highway 23.28 traffic-control device or signals or devices used in the 23.29 operation of a railroad. Upon written notice from the 23.30 commissioner of transportation, a person or corporation 23.31 maintaining or owning or displaying a prohibited light shall 23.32 promptly remove it, or change the color of it to some other 23.33 color than red. Where a prohibited light or sign interferes 23.34 with the effectiveness or efficiency of the signals or devices 23.35 used in the operation of a railroad, the department of 23.36 transportation may cause the removal of it and the department 24.1 may issue notices and orders for its removal. The department 24.2 shall proceed as provided in sections 216.13, 216.14, 216.15, 24.3 216.16, and 216.17, with a right of appeal to the aggrieved 24.4 party in accordance with chapter 14. 24.5 (b) No person or corporation shall maintain or display any 24.6 light after written notice from the commissioner of 24.7 transportationor the department of public servicethat the 24.8 light constitutes a traffic hazard and thatitthe commissioner 24.9 has ordered the removal thereof. 24.10 Sec. 45. Minnesota Statutes 2001 Supplement, section 24.11 214.01, subdivision 3, is amended to read: 24.12 Subd. 3. [NON-HEALTH-RELATED LICENSING BOARD.] 24.13 "Non-health-related licensing board" means the board of teaching 24.14 established pursuant to section 122A.07, the board of barber 24.15 examiners established pursuant to section 154.22, the board of 24.16 assessors established pursuant to section 270.41, the board of 24.17 architecture, engineering, land surveying, landscape 24.18 architecture, geoscience, and interior design established 24.19 pursuant to section 326.04, the board of electricity established 24.20 pursuant to section 326.241, the private detective and 24.21 protective agent licensing board established pursuant to section 24.22 326.33, the board of accountancy established pursuant to section 24.23 326A.02,the board of boxing established pursuant to section24.24341.01,and the peace officer standards and training board 24.25 established pursuant to section 626.841. 24.26 Sec. 46. Minnesota Statutes 2001 Supplement, section 24.27 216B.098, subdivision 2, is amended to read: 24.28 Subd. 2. [BUDGET BILLING PLANS.] A utility shall offer a 24.29 customer a budget billing plan for payment of charges for 24.30 service, including adequate notice to customers prior to 24.31 changing budget payment amounts. Municipal utilities having 24.32 3,000 or fewer customers are exempt from this requirement. 24.33 Municipal utilities having more than 3,000 customers shall 24.34 implement this requirementwithin two years of the effective24.35date of this chapterbefore July 1, 2003. 24.36 Sec. 47. Minnesota Statutes 2001 Supplement, section 25.1 216B.2424, subdivision 5, is amended to read: 25.2 Subd. 5. [MANDATE.] (a) A public utility, as defined in 25.3 section 216B.02, subdivision 4, that operates a nuclear-powered 25.4 electric generating plant within this state must construct and 25.5 operate, purchase, or contract to construct and operate (1) by 25.6 December 31, 1998, 50 megawatts of electric energy installed 25.7 capacity generated by farm-grown closed-loop biomass scheduled 25.8 to be operational by December 31, 2001; and (2) by December 31, 25.9 1998, an additional 75 megawatts of installed capacity so 25.10 generated scheduled to be operational by December 31, 2002. 25.11 (b) Of the 125 megawatts of biomass electricity installed 25.12 capacity required under this subdivision, no more than 50 25.13 megawatts of this capacity may be provided by a facility that 25.14 uses poultry litter as its primary fuel source and any such 25.15 facility: 25.16 (1) need not use biomass that complies with the definition 25.17 in subdivision 1; 25.18 (2) must enter into a contract with the public utility for 25.19 such capacity, that has an average purchase price per megawatt 25.20 hour over the life of the contract that is equal to or less than 25.21 the average purchase price per megawatt hour over the life of 25.22 the contract in contracts approved by the public utilities 25.23 commission before April 1, 2000, to satisfy the mandate of this 25.24 section, and file that contract with the public utilities 25.25 commission prior to September 1, 2000; and 25.26 (3) must schedule such capacitymust be scheduledto be 25.27 operational by December 31, 2002. 25.28 (c) Of the total 125 megawatts of biomass electric energy 25.29 installed capacity required under this section, no more than 75 25.30 megawatts may be provided by a single project. 25.31 (d) Of the 75 megawatts of biomass electric energy 25.32 installed capacity required under paragraph (a), clause (2), no 25.33 more than 25 megawatts of this capacity may be provided by a St. 25.34 Paul district heating and cooling system cogeneration facility 25.35 utilizing waste wood as a primary fuel source. The St. Paul 25.36 district heating and cooling system cogeneration facility need 26.1 not use biomass that complies with the definition in subdivision 26.2 1. 26.3 (e) The public utility must accept and consider on an equal 26.4 basis with other biomass proposals: 26.5 (1) a proposal to satisfy the requirements of this section 26.6 that includes a project that exceeds the megawatt capacity 26.7 requirements of either paragraph (a), clause (1) or (2), and 26.8 that proposes to sell the excess capacity to the public utility 26.9 or to other purchasers; and 26.10 (2) a proposal for a new facility to satisfy more than ten 26.11 but not more than 20 megawatts of the electrical generation 26.12 requirements by a small business-sponsored independent power 26.13 producer facility to be located within the northern quarter of 26.14 the state, which means the area located north of Constitutional 26.15 Route No. 8 as described in section 161.114, subdivision 2, and 26.16 that utilizes biomass residue wood, sawdust, bark, chipped wood, 26.17 or brush to generate electricity. A facility described in this 26.18 clause is not required to utilize biomass complying with the 26.19 definition in subdivision 1, but must have the capacity required 26.20 by this clause operational by December 31, 2002. 26.21 (f) If a public utility files a contract with the 26.22 commission for electric energy installed capacity that uses 26.23 poultry litter as its primary fuel source, the commission must 26.24 do a preliminary review of the contract to determine if it meets 26.25 the purchase price criteria provided in paragraph (b), clause 26.26 (2), of this subdivision. The commission shall perform its 26.27 review and advise the parties of its determination within 30 26.28 days of filing of such a contract by a public utility. A public 26.29 utility may submit by September 1, 2000, a revised contract to 26.30 address the commission's preliminary determination. 26.31 (g) The commission shall finally approve, modify, or 26.32 disapprove no later than July 1, 2001, all contracts submitted 26.33 by a public utility as of September 1, 2000, to meet the mandate 26.34 set forth in this subdivision. 26.35 (h) If a public utility subject to this section exercises 26.36 an option to increase the generating capacity of a project in a 27.1 contract approved by the commission prior to April 25, 2000, to 27.2 satisfy the mandate in this subdivision, the public utility must 27.3 notify the commission by September 1, 2000, that it has 27.4 exercised the option and include in the notice the amount of 27.5 additional megawatts to be generated under the option 27.6 exercised. Any review by the commission of the project after 27.7 exercise of such an option shall be based on the same criteria 27.8 used to review the existing contract. 27.9 (i) A facility specified in this subdivision qualifies for 27.10 exemption from property taxation under section 272.02, 27.11 subdivision 43. 27.12 Sec. 48. Minnesota Statutes 2001 Supplement, section 27.13 216B.2425, subdivision 3, is amended to read: 27.14 Subd. 3. [COMMISSION APPROVAL.] By June 1 of each 27.15 even-numbered year, the commission shall adopt a state 27.16 transmission project list and shall certify, certify as 27.17 modified, or deny certification of the projects proposed under 27.18 subdivision 2. The commission may only certify a project that 27.19 is a high-voltage transmission line as defined in section 27.20 216B.2421, subdivision 2, that the commission finds is: 27.21 (1) necessary to maintain or enhance the reliability of 27.22 electric service to Minnesota consumers; 27.23 (2) needed, applying the criteria in section216B.24127.24 216B.243, subdivision 3; and 27.25 (3) in the public interest, taking into account electric 27.26 energy system needs and economic, environmental, and social 27.27 interests affected by the project. 27.28 Sec. 49. Minnesota Statutes 2000, section 219.98, is 27.29 amended to read: 27.30 219.98 [FEES FOR APPLYING FOR ORDER.] 27.31 A person other than the state, a state agency, or a 27.32 political subdivision, who applies for an order of the 27.33 commissioner of transportation relating to clearances under 27.34 section 219.47, permitting the abandonment or removal of track 27.35under section 219.741, or permitting abandonment of a station or 27.36 discontinuance or reduction of agency serviceunder section28.1219.85, shall pay, at the time the application is filed, into 28.2 the state treasury a fee of $100. A person other than the 28.3 state, a state agency, or a political subdivision, applying for 28.4 an order of the commissioner under any other provision of this 28.5 chapter shall pay, at the time the application is filed, into 28.6 the state treasury a fee of $50. 28.7 Sec. 50. Minnesota Statutes 2000, section 221.185, 28.8 subdivision 5a, is amended to read: 28.9 Subd. 5a. [REINSTATEMENT AFTER CANCELLATION.] A motor 28.10 carrier whose permit or certificate is canceled for failure to 28.11 comply with sections 221.141 and 221.296 relating to bonds and 28.12 insurance may ask theboardcommissioner to review the 28.13 cancellation. Upon review, theboardcommissioner shall rescind 28.14 the cancellation if: (1) the motor carrier presents evidence 28.15 showing that before the effective date of the notice of 28.16 cancellation issued under subdivision 5, the motor carrier had 28.17 obtained and paid for the insurance required by sections 221.141 28.18 and 221.296, and the rules of the commissioner, and (2) the 28.19 commissionerinforms the boardis satisfied that the motor 28.20 carrier has complied with the requirements of sections 221.141 28.21 and 221.296 and the rules of the commissioner. 28.22 Sec. 51. Minnesota Statutes 2000, section 222.631, 28.23 subdivision 1, is amended to read: 28.24 Subdivision 1. [TERMS.] For purposes of sections 28.25 222.631to 222.633and 222.632, the following terms have the 28.26 meanings given them. 28.27 Sec. 52. Minnesota Statutes 2000, section 260B.171, 28.28 subdivision 5, is amended to read: 28.29 Subd. 5. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 28.30 for records relating to an offense where proceedings are public 28.31 under section 260B.163, subdivision 1, peace officers' records 28.32 of children who are or may be delinquent or who may be engaged 28.33 in criminal acts shall be kept separate from records of persons 28.34 18 years of age or older and are private data but shall be 28.35 disseminated: (1) by order of the juvenile court, (2) as 28.36 required by section 121A.28, (3) as authorized under section 29.1 13.82, subdivision 2, (4) to the child or the child's parent or 29.2 guardian unless disclosure of a record would interfere with an 29.3 ongoing investigation, (5) to the Minnesota crime victims 29.4 reparations board as required by section 611A.56, subdivision 2, 29.5 clause (f), for the purpose of processing claims for crime 29.6 victims reparations, or (6) as otherwise provided in this 29.7 subdivision. Except as provided in paragraph (c), no 29.8 photographs of a child taken into custody may be taken without 29.9 the consent of the juvenile court unless the child is alleged to 29.10 have violated section 169A.20. Peace officers' records 29.11 containing data about children who are victims of crimes or 29.12 witnesses to crimes must be administered consistent with section 29.13 13.82, subdivisions 2, 3,46, and1017. Any person violating 29.14 any of the provisions of this subdivision shall be guilty of a 29.15 misdemeanor. 29.16 In the case of computerized records maintained about 29.17 juveniles by peace officers, the requirement of this subdivision 29.18 that records about juveniles must be kept separate from adult 29.19 records does not mean that a law enforcement agency must keep 29.20 its records concerning juveniles on a separate computer system. 29.21 Law enforcement agencies may keep juvenile records on the same 29.22 computer as adult records and may use a common index to access 29.23 both juvenile and adult records so long as the agency has in 29.24 place procedures that keep juvenile records in a separate place 29.25 in computer storage and that comply with the special data 29.26 retention and other requirements associated with protecting data 29.27 on juveniles. 29.28 (b) Nothing in this subdivision prohibits the exchange of 29.29 information by law enforcement agencies if the exchanged 29.30 information is pertinent and necessary for law enforcement 29.31 purposes. 29.32 (c) A photograph may be taken of a child taken into custody 29.33 pursuant to section 260B.175, subdivision 1, clause (b), 29.34 provided that the photograph must be destroyed when the child 29.35 reaches the age of 19 years. The commissioner of corrections 29.36 may photograph juveniles whose legal custody is transferred to 30.1 the commissioner. Photographs of juveniles authorized by this 30.2 paragraph may be used only for institution management purposes, 30.3 case supervision by parole agents, and to assist law enforcement 30.4 agencies to apprehend juvenile offenders. The commissioner 30.5 shall maintain photographs of juveniles in the same manner as 30.6 juvenile court records and names under this section. 30.7 (d) Traffic investigation reports are open to inspection by 30.8 a person who has sustained physical harm or economic loss as a 30.9 result of the traffic accident. Identifying information on 30.10 juveniles who are parties to traffic accidents may be disclosed 30.11 as authorized under section 13.82, subdivision 4, and accident 30.12 reports required under section 169.09 may be released under 30.13 section 169.09, subdivision 13, unless the information would 30.14 identify a juvenile who was taken into custody or who is 30.15 suspected of committing an offense that would be a crime if 30.16 committed by an adult, or would associate a juvenile with the 30.17 offense, and the offense is not an adult court traffic offense 30.18 under section 260B.225. 30.19 (e) A law enforcement agency shall notify the principal or 30.20 chief administrative officer of a juvenile's school of an 30.21 incident occurring within the agency's jurisdiction if: 30.22 (1) the agency has probable cause to believe that the 30.23 juvenile has committed an offense that would be a crime if 30.24 committed as an adult, that the victim of the offense is a 30.25 student or staff member of the school, and that notice to the 30.26 school is reasonably necessary for the protection of the victim; 30.27 or 30.28 (2) the agency has probable cause to believe that the 30.29 juvenile has committed an offense described in subdivision 3, 30.30 paragraph (a), clauses (1) to (3), that would be a crime if 30.31 committed by an adult, regardless of whether the victim is a 30.32 student or staff member of the school. 30.33 A law enforcement agency is not required to notify the 30.34 school under this paragraph if the agency determines that notice 30.35 would jeopardize an ongoing investigation. Notwithstanding 30.36 section 138.17, data from a notice received from a law 31.1 enforcement agency under this paragraph must be destroyed when 31.2 the juvenile graduates from the school or at the end of the 31.3 academic year when the juvenile reaches age 23, whichever date 31.4 is earlier. For purposes of this paragraph, "school" means a 31.5 public or private elementary, middle, or secondary school. 31.6 (f) In any county in which the county attorney operates or 31.7 authorizes the operation of a juvenile prepetition or pretrial 31.8 diversion program, a law enforcement agency or county attorney's 31.9 office may provide the juvenile diversion program with data 31.10 concerning a juvenile who is a participant in or is being 31.11 considered for participation in the program. 31.12 (g) Upon request of a local social services agency, peace 31.13 officer records of children who are or may be delinquent or who 31.14 may be engaged in criminal acts may be disseminated to the 31.15 agency to promote the best interests of the subject of the data. 31.16 (h) Upon written request, the prosecuting authority shall 31.17 release investigative data collected by a law enforcement agency 31.18 to the victim of a criminal act or alleged criminal act or to 31.19 the victim's legal representative, except as otherwise provided 31.20 by this paragraph. Data shall not be released if: 31.21 (1) the release to the individual subject of the data would 31.22 be prohibited under section 13.821; or 31.23 (2) the prosecuting authority reasonably believes: 31.24 (i) that the release of that data will interfere with the 31.25 investigation; or 31.26 (ii) that the request is prompted by a desire on the part 31.27 of the requester to engage in unlawful activities. 31.28 Sec. 53. Minnesota Statutes 2001 Supplement, section 31.29 268.052, subdivision 1, is amended to read: 31.30 Subdivision 1. [PAYMENTS.] In lieu of taxes payable on a 31.31 quarterly basis, the state of Minnesota or its political 31.32 subdivisions shall pay into the fund the amount of unemployment 31.33 benefits charged to its reimbursable account under section 31.34 268.047. Payments in the amount of unemployment benefits 31.35 charged to the reimbursable account during a calendar quarter 31.36 shall be made on or before the last day of the month following 32.1 the month that the notice of unemployment benefits paid is sent 32.2 pursuant to section 268.047, subdivision65. Past due payments 32.3 in lieu of taxes shall be subject to the same interest charges 32.4 and collection procedures that apply to past due taxes. 32.5 Sec. 54. Minnesota Statutes 2001 Supplement, section 32.6 270.07, subdivision 3a, is amended to read: 32.7 Subd. 3a. [APPROPRIATION.] An amount sufficient for the 32.8 reissuance of rebate warrants authorized underthis section32.9 subdivision 3, paragraph (f), is appropriated to the 32.10 commissioner from the general fund. 32.11 Sec. 55. Minnesota Statutes 2000, section 270.708, 32.12 subdivision 1, is amended to read: 32.13 Subdivision 1. [COLLECTION OF LIABILITY.] Any money 32.14 realized by proceedings under this chapter, whether by seizure, 32.15 by surrender under section 270.70(except pursuant to32.16subdivision 9 thereof), by sale of seized property, by sale of 32.17 property redeemed by the state of Minnesota (if the interest of 32.18 the state of Minnesota in the property was a lien arising under 32.19 the provisions of section 270.69), or by agreement, arrangement, 32.20 or any other means shall be applied as follows: 32.21 (a) First, against the expenses of the proceedings; then 32.22 (b) If the property seized and sold is subject to a tax 32.23 administered by the commissioner of revenue which has not been 32.24 paid, the amount remaining after applying clause (a) shall next 32.25 be applied against the tax liability (and, if the tax was not 32.26 previously assessed, it shall then be assessed); and 32.27 (c) The amount, if any, remaining after applying clauses 32.28 (a) and (b) shall be applied against the tax liability in 32.29 respect of which the levy was made or the sale was conducted. 32.30 Sec. 56. Minnesota Statutes 2000, section 270B.15, is 32.31 amended to read: 32.32 270B.15 [DISCLOSURE TO LEGISLATIVE AUDITOR.] 32.33 Returns and return information must be disclosed to the 32.34 legislative auditor to the extent necessary for the legislative 32.35 auditor to carry out sections 3.97 to3.983.979. 32.36 Sec. 57. Minnesota Statutes 2001 Supplement, section 33.1 275.28, subdivision 1, is amended to read: 33.2 Subdivision 1. [AUDITOR TO MAKE.] The county auditor shall 33.3 make out the tax lists according to the prescribed form, and to 33.4 correspond with the assessment districts. The rate percent 33.5 necessary to raise the required amount of the various taxes 33.6 shall be calculated on the net tax capacity of property as 33.7 determined by the state board of equalization, but, in 33.8 calculating such rates, no rate shall be used resulting in a 33.9 fraction other than a decimal fraction, or less than a gross 33.10 local tax rate of .01 percent or a net local tax rate of .01 33.11 percent; and, in extending any tax, whenever it amounts to the 33.12 fractional part of a cent, it shall be made one cent. The tax 33.13 lists shall also be made out to correspond with the assessment 33.14 books in reference to ownership and description of property, 33.15 with columns for the valuation and for the various items of tax 33.16 included in the total amount of all taxes set down opposite each 33.17 description. The auditor shall enter both the state tax 33.18 determined under sections 275.02 and 275.025, and the local 33.19taxestax determined undersectionssection 275.08and33.20275.083, on the tax lists. The total ad valorem property tax 33.21 for each description of property before credits is the sum of 33.22 the amounts of the various local taxes that apply to the parcel 33.23 plus the amount of any applicable state tax. Opposite each 33.24 description which has been sold for taxes, and which is subject 33.25 to redemption, but not redeemed, shall be placed the words "sold 33.26 for taxes." The amount of all special taxes shall be entered in 33.27 the proper columns, but the general taxes may be shown by 33.28 entering the rate percent of each tax at the head of the proper 33.29 columns, without extending the same, in which case a schedule of 33.30 the rates percent of such taxes shall be made on the first page 33.31 of each tax list. If the auditor fails to enter on any such 33.32 list before its delivery to the treasurer any tax levied, the 33.33 tax may be subsequently entered. The tax lists shall be deemed 33.34 completed, and all taxes extended thereon, as of January 1 33.35 annually. 33.36 Sec. 58. Minnesota Statutes 2001 Supplement, section 34.1 275.70, subdivision 5, is amended to read: 34.2 Subd. 5. [SPECIAL LEVIES.] "Special levies" means those 34.3 portions of ad valorem taxes levied by a local governmental unit 34.4 for the following purposes or in the following manner: 34.5 (1) to pay the costs of the principal and interest on 34.6 bonded indebtedness or to reimburse for the amount of liquor 34.7 store revenues used to pay the principal and interest due on 34.8 municipal liquor store bonds in the year preceding the year for 34.9 which the levy limit is calculated; 34.10 (2) to pay the costs of principal and interest on 34.11 certificates of indebtedness issued for any corporate purpose 34.12 except for the following: 34.13 (i) tax anticipation or aid anticipation certificates of 34.14 indebtedness; 34.15 (ii) certificates of indebtedness issued under sections 34.16 298.28 and 298.282; 34.17 (iii) certificates of indebtedness used to fund current 34.18 expenses or to pay the costs of extraordinary expenditures that 34.19 result from a public emergency; or 34.20 (iv) certificates of indebtedness used to fund an 34.21 insufficiency in tax receipts or an insufficiency in other 34.22 revenue sources; 34.23 (3) to provide for the bonded indebtedness portion of 34.24 payments made to another political subdivision of the state of 34.25 Minnesota; 34.26 (4) to fund payments made to the Minnesota state armory 34.27 building commission under section 193.145, subdivision 2, to 34.28 retire the principal and interest on armory construction bonds; 34.29 (5) property taxes approved by voters which are levied 34.30 against the referendum market value as provided under section 34.31 275.61; 34.32 (6) to fund matching requirements needed to qualify for 34.33 federal or state grants or programs to the extent that either 34.34 (i) the matching requirement exceeds the matching requirement in 34.35 calendar year 2001, or (ii) it is a new matching requirement 34.36 that didn't exist prior to 2002; 35.1 (7) to pay the expenses reasonably and necessarily incurred 35.2 in preparing for or repairing the effects of natural disaster 35.3 including the occurrence or threat of widespread or severe 35.4 damage, injury, or loss of life or property resulting from 35.5 natural causes, in accordance with standards formulated by the 35.6 emergency services division of the state department of public 35.7 safety, as allowed by the commissioner of revenue under section 35.8 275.74,paragraph (b)subdivision 2; 35.9 (8) pay amounts required to correct an error in the levy 35.10 certified to the county auditor by a city or county in a levy 35.11 year, but only to the extent that when added to the preceding 35.12 year's levy it is not in excess of an applicable statutory, 35.13 special law or charter limitation, or the limitation imposed on 35.14 the governmental subdivision by sections 275.70 to 275.74 in the 35.15 preceding levy year; 35.16 (9) to pay an abatement under section 469.1815; 35.17 (10) to pay any costs attributable to increases in the 35.18 employer contribution rates under chapter 353 that are effective 35.19 after June 30, 2001; 35.20 (11) to pay the operating or maintenance costs of a county 35.21 jail as authorized in section 641.01 or 641.262, or of a 35.22 correctional facility as defined in section 241.021, subdivision 35.23 1, paragraph (5), to the extent that the county can demonstrate 35.24 to the commissioner of revenue that the amount has been included 35.25 in the county budget as a direct result of a rule, minimum 35.26 requirement, minimum standard, or directive of the department of 35.27 corrections, or to pay the operating or maintenance costs of a 35.28 regional jail as authorized in section 641.262. For purposes of 35.29 this clause, a district court order is not a rule, minimum 35.30 requirement, minimum standard, or directive of the department of 35.31 corrections. If the county utilizes this special levy, any 35.32 amount levied by the county in the previous levy year for the 35.33 purposes specified under this clause and included in the 35.34 county's previous year's levy limitation computed under section 35.35 275.71, shall be deducted from the levy limit base under section 35.36 275.71, subdivision 2, when determining the county's current 36.1 year levy limitation. The county shall provide the necessary 36.2 information to the commissioner of revenue for making this 36.3 determination; 36.4 (12) to pay for operation of a lake improvement district, 36.5 as authorized under section 103B.555. If the county utilizes 36.6 this special levy, any amount levied by the county in the 36.7 previous levy year for the purposes specified under this clause 36.8 and included in the county's previous year's levy limitation 36.9 computed under section 275.71 shall be deducted from the levy 36.10 limit base under section 275.71, subdivision 2, when determining 36.11 the county's current year levy limitation. The county shall 36.12 provide the necessary information to the commissioner of revenue 36.13 for making this determination; 36.14 (13) to repay a state or federal loan used to fund the 36.15 direct or indirect required spending by the local government due 36.16 to a state or federal transportation project or other state or 36.17 federal capital project. This authority may only be used if the 36.18 project is not a local government initiative; 36.19 (14) for counties only, to pay the costs reasonably 36.20 expected to be incurred in 2002 related to the redistricting of 36.21 election districts and establishment of election precincts under 36.22 sections 204B.135 and 204B.14, the notice required by section 36.23 204B.14, subdivision 4, and the reassignment of voters in the 36.24 statewide registration system, not to exceed $1 per capita, 36.25 provided that the county shall distribute a portion of the 36.26 amount levied under this clause equal to 25 cents times the 36.27 population of the city to all cities in the county with a 36.28 population of 30,000 or more; and 36.29 (15) to pay for court administration costs as required 36.30 under section 273.1398, subdivision 4b; however, for taxes 36.31 levied to pay for these costs in the year in which the court 36.32 financing is transferred to the state, the amount under this 36.33 section is limited to one-third of the aid reduction under 36.34 section 273.1398, subdivision 4a. 36.35 Sec. 59. Minnesota Statutes 2001 Supplement, section 36.36 290A.03, subdivision 13, is amended to read: 37.1 Subd. 13. [PROPERTY TAXES PAYABLE.] "Property taxes 37.2 payable" means the property tax exclusive of special 37.3 assessments, penalties, and interest payable on a claimant's 37.4 homestead after deductions made under sections 273.135,273.138237.5 273.1384, 273.1391, 273.42, subdivision 2, and any other state 37.6 paid property tax credits in any calendar year, and after any 37.7 refund claimed and allowable under section 290A.04, subdivision 37.8 2h, that is first payable in the year that the property tax is 37.9 payable. In the case of a claimant who makes ground lease 37.10 payments, "property taxes payable" includes the amount of the 37.11 payments directly attributable to the property taxes assessed 37.12 against the parcel on which the house is located. No 37.13 apportionment or reduction of the "property taxes payable" shall 37.14 be required for the use of a portion of the claimant's homestead 37.15 for a business purpose if the claimant does not deduct any 37.16 business depreciation expenses for the use of a portion of the 37.17 homestead in the determination of federal adjusted gross 37.18 income. For homesteads which are manufactured homes as defined 37.19 in section 273.125, subdivision 8, and for homesteads which are 37.20 park trailers taxed as manufactured homes under section 168.012, 37.21 subdivision 9, "property taxes payable" shall also include 19 37.22 percent of the gross rent paid in the preceding year for the 37.23 site on which the homestead is located. When a homestead is 37.24 owned by two or more persons as joint tenants or tenants in 37.25 common, such tenants shall determine between them which tenant 37.26 may claim the property taxes payable on the homestead. If they 37.27 are unable to agree, the matter shall be referred to the 37.28 commissioner of revenue whose decision shall be final. Property 37.29 taxes are considered payable in the year prescribed by law for 37.30 payment of the taxes. 37.31 In the case of a claim relating to "property taxes 37.32 payable," the claimant must have owned and occupied the 37.33 homestead on January 2 of the year in which the tax is payable 37.34 and (i) the property must have been classified as homestead 37.35 property pursuant to section 273.124, on or before December 15 37.36 of the assessment year to which the "property taxes payable" 38.1 relate; or (ii) the claimant must provide documentation from the 38.2 local assessor that application for homestead classification has 38.3 been made on or before December 15 of the year in which the 38.4 "property taxes payable" were payable and that the assessor has 38.5 approved the application. 38.6 Sec. 60. Minnesota Statutes 2001 Supplement, section 38.7 297A.668, subdivision 3, is amended to read: 38.8 Subd. 3. [DEFINITION OF TERMS.] For purposes of this 38.9 section, the terms "receive" and "receipt" mean taking 38.10 possession of tangible personal property, making first use of 38.11 services, or taking possessionofor making first use of digital 38.12 goods, whichever occurs first. The terms receive and receipt do 38.13 not include possession by a carrier for hire on behalf of the 38.14 purchaser. 38.15 Sec. 61. Minnesota Statutes 2000, section 297B.035, 38.16 subdivision 3, is amended to read: 38.17 Subd. 3. [SALE IN VIOLATION OF LICENSING REQUIREMENT.] 38.18 Motor vehicles sold by a new motor vehicle dealer in 38.19 contravention of section 168.27, subdivision 10, paragraph (a), 38.20 clause (1)(ii), shall not be considered to have been acquired or 38.21 purchased for resale in the ordinary or regular course of 38.22 business for the purposes of this chapter, and the dealer shall 38.23 be required to pay the excise tax due on the purchase of those 38.24 vehicles. The sale by a lessor of a new motor vehicle under 38.25 lease within 120 days of the commencement of the lease is deemed 38.26 a sale in contravention of section 168.27, subdivision 10, 38.27 paragraph (a), clause (1)(ii), unless the lessor holds a valid 38.28 contract or franchise with the manufacturer or distributor of 38.29 the vehicle. Notwithstanding section 297B.11, the rights of a 38.30 dealer to appeal any amounts owed by the dealer under this 38.31 subdivision are governed exclusively by the hearing procedure 38.32 under section 168.27, subdivision 13. 38.33 Sec. 62. Minnesota Statutes 2000, section 297I.05, 38.34 subdivision 12, is amended to read: 38.35 Subd. 12. [OTHER ENTITIES.] (a) A tax is imposed equal to 38.36 two percent of: 39.1 (1) gross premiums less return premiums written for risks 39.2 resident or located in Minnesota by a risk retention group; 39.3 (2) gross premiums less return premiums received by an 39.4 attorney in fact acting in accordance with chapter 71A; 39.5 (3) gross premiums less return premiums received pursuant 39.6 to assigned risk policies and contracts of coverage under 39.7 chapter 79; 39.8 (4) the direct funded premium received by the reinsurance 39.9 association under section 79.34 from self-insurers approved 39.10 under section 176.181 and political subdivisions that 39.11 self-insure; 39.12 (5) gross premiums less return premiums received by a 39.13 nonprofit health service plan corporation authorized under 39.14 chapter 62C; and 39.15 (6) gross premiums less return premiums paid to an insurer 39.16 other than a licensed insurance company or a surplus lines 39.17 licensee for coverage of risks resident or located in Minnesota 39.18 by a purchasing group or any members of the purchasing group to 39.19 a broker or agent for the purchasing group. 39.20 (b)A tax is imposed on the state fund mutual insurance39.21company established under chapter 176A. The tax must be39.22computed in the same manner as mutual insurance companies under39.23subdivisions 1, 3, and 4.39.24(c)A tax is imposed on a joint self-insurance plan 39.25 operating under chapter 60F. The rate of tax is equal to two 39.26 percent of the total amount of claims paid during the fund year, 39.27 with no deduction for claims wholly or partially reimbursed 39.28 through stop-loss insurance. 39.29(d)(c) A tax is imposed on a joint self-insurance plan 39.30 operating under chapter 62H. The rate of tax is equal to two 39.31 percent of the total amount of claims paid during the fund's 39.32 fiscal year, with no deduction for claims wholly or partially 39.33 reimbursed through stop-loss insurance. 39.34(e)(d) A tax is imposed equal to the tax imposed under 39.35 section 297I.05, subdivision 5, on the gross premiums less 39.36 return premiums on all coverages received by an accountable 40.1 provider network or agents of an accountable provider network in 40.2 Minnesota, in cash or otherwise, during the year. 40.3 Sec. 63. Minnesota Statutes 2000, section 297I.30, 40.4 subdivision 1, is amended to read: 40.5 Subdivision 1. [GENERAL RULE.] On or before March 1, every 40.6 insurer subject to taxation under section 297I.05, subdivisions 40.7 1 to 6, and 12, paragraphs (a), clauses (1) to (5), and (b),and40.8(e),shall file an annual return for the preceding calendar year 40.9 setting forth such information as the commissioner may 40.10 reasonably require on forms prescribed by the commissioner. 40.11 Sec. 64. Minnesota Statutes 2000, section 297I.30, 40.12 subdivision 5, is amended to read: 40.13 Subd. 5. [JOINT SELF-INSURANCE PLANS.] On or before 60 40.14 days following the conclusion of their fiscal year, a plan 40.15 subject to tax under section 297I.05, subdivision 12, paragraph 40.16(c)(b) or(d)(c), shall file a return with the commissioner 40.17 for the preceding fiscal year setting forth any information the 40.18 commissioner reasonably requires on forms prescribed by the 40.19 commissioner. 40.20 Sec. 65. Minnesota Statutes 2000, section 299F.11, 40.21 subdivision 2, is amended to read: 40.22 Subd. 2. [AUCTION FOR SALVAGE MATERIAL.] In all cases 40.23 where the order of the court has not been complied with and the 40.24 state fire marshal is authorized to proceed with the demolition 40.25 of any building or structure, the state fire marshal shall sell 40.26 and dispose of the salvage materials therefrom at public auction 40.27 upon three days' posted notice and all expenses incurred by the 40.28 state fire marshal shall be paid out of the moneys received from 40.29 the auction of salvage material, and any deficit remaining40.30unpaid thereafter may be paid out of the funds created by and40.31provided for in section 299F.21. Should any surplus remain of 40.32 the amount received for salvage material, after deducting the 40.33 expenses incurred by the state fire marshal, this surplus shall 40.34 be paid to the treasurer of the county where the property was 40.35 situated to be distributed by the treasurer as provided by law. 40.36 Sec. 66. Minnesota Statutes 2001 Supplement, section 41.1 336.9-334, is amended to read: 41.2 336.9-334 [PRIORITY OF SECURITY INTERESTS IN FIXTURES AND 41.3 CROPS.] 41.4 (a) [SECURITY INTEREST IN FIXTURES UNDER THIS ARTICLE.] A 41.5 security interest under this article may be created in goods 41.6 that are fixtures or may continue in goods that become 41.7 fixtures. A security interest does not exist under this article 41.8 in ordinary building materials incorporated into an improvement 41.9 on land. 41.10 (b) [SECURITY INTEREST IN FIXTURES UNDER REAL PROPERTY 41.11 LAW.] This article does not prevent creation of an encumbrance 41.12 upon fixtures under real property law. 41.13 (c) [GENERAL RULE: SUBORDINATION OF SECURITY INTEREST IN 41.14 FIXTURES.] In cases not governed by subsections (d) through (h), 41.15 a security interest in fixtures is subordinate to a conflicting 41.16 interest of an encumbrancer or owner of the related real 41.17 property other than the debtor. 41.18 (d) [FIXTURES PURCHASE-MONEY PRIORITY.] Except as 41.19 otherwise provided in subsection (h), a perfected security 41.20 interest in fixtures has priority over a conflicting interest of 41.21 an encumbrancer or owner of the real property if the debtor has 41.22 an interest of record in or is in possession of the real 41.23 property and: 41.24 (1) the security interest is a purchase-money security 41.25 interest; 41.26 (2) the interest of the encumbrancer or owner arises before 41.27 the goods become fixtures; and 41.28 (3) the security interest is perfected by a fixture filing 41.29 before the goods become fixtures or within 20 days thereafter. 41.30 (e) [PRIORITY OF SECURITY INTEREST IN FIXTURES OVER 41.31 INTERESTS IN REAL PROPERTY.] A perfected security interest in 41.32 fixtures has priority over a conflicting interest of an 41.33 encumbrancer or owner of the real property if: 41.34 (1) the debtor has an interest of record in the real 41.35 property or is in possession of the real property and the 41.36 security interest: 42.1 (A) is perfected by a fixture filing before the interest of 42.2 the encumbrancer or owner is of record; and 42.3 (B) has priority over any conflicting interest of a 42.4 predecessor in title of the encumbrancer or owner; 42.5 (2) before the goods become fixtures, the security interest 42.6 is perfected by any method permitted by this article and the 42.7 fixtures are readily removable: 42.8 (A) factory or office machines; 42.9 (B) equipment that is not primarily used or leased for use 42.10 in the operation of the real property; or 42.11 (C) replacements of domestic appliances that are consumer 42.12 goods; 42.13 (3) the conflicting interest is a lien on the real property 42.14 obtained by legal or equitable proceedings after the security 42.15 interest was perfected by any method permitted by this article; 42.16 or 42.17 (4) the security interest is: 42.18 (A) created in a manufactured home in a manufactured home 42.19 transaction; and 42.20 (B) perfected pursuant to a statute described in section 42.21 336.9-311(a)(2). 42.22 (f) [PRIORITY BASED ON CONSENT, DISCLAIMER, OR RIGHT TO 42.23 REMOVE.] A security interest in fixtures, whether or not 42.24 perfected, has priority over a conflicting interest of an 42.25 encumbrancer or owner of the real property if: 42.26 (1) the encumbrancer or owner has, in an authenticated 42.27 record, consented to the security interest or disclaimed an 42.28 interest in the goods as fixtures; or 42.29 (2) the debtor has a right to remove the goods as against 42.30 the encumbrancer or owner. 42.31 (g) [CONTINUATION OF PARAGRAPH (F)(2) PRIORITY.] The 42.32 priority of the security interest under paragraph (f)(2) 42.33 continues for a reasonable time if the debtor's right to remove 42.34 the goods as against the encumbrancer or owner terminates. 42.35 (h) [PRIORITY OF CONSTRUCTION MORTGAGE.] A mortgage is a 42.36 construction mortgage to the extent that it secures an 43.1 obligation incurred for the construction of an improvement on 43.2 land, including the acquisition cost of the land, if a recorded 43.3 record of the mortgage so indicates. Except as otherwise 43.4 provided in subsections (e) and (f), a security interest in 43.5 fixtures is subordinate to a construction mortgage if a record 43.6 of the mortgage is recorded before the goods become fixtures and 43.7 the goods become fixtures before the completion of the 43.8 construction. A mortgage has this priority to the same extent 43.9 as a construction mortgage to the extent that it is given to 43.10 refinance a construction mortgage. 43.11 (i) [PRIORITY OF SECURITY INTEREST IN CROPS.] A perfected 43.12 security interest in crops growing on real property has priority 43.13 over a conflicting interest of an encumbrancer or owner of the 43.14 real property except a perfected landlord's lien if the debtor 43.15 has an interest of record in or is in possession of the real 43.16 property. 43.17 (j) [SUBSECTION (I) PREVAILS.] Subsection (i) prevails 43.18 over any inconsistent provisions ofthe following statutes:43.19(1) section 557.12; and43.20(2)section 559.2091. 43.21 Sec. 67. Minnesota Statutes 2000, section 349.163, 43.22 subdivision 6, is amended to read: 43.23 Subd. 6. [SAMPLES OF GAMBLING EQUIPMENT.] The board shall 43.24 require each licensed manufacturer to submit to the board one or 43.25 more samples of each item of gambling equipment the manufacturer 43.26 manufactures for use or resale in this state. The board shall 43.27 inspect and test all the equipment it deems necessary to 43.28 determine the equipment's compliance with law and board rules. 43.29 Samples required under this subdivision must be approved by the 43.30 board before the equipment being sampled is shipped into or sold 43.31 for use or resale in this state. The board may request the 43.32 assistance of the commissioner of public safety and the director 43.33 of the state lotteryboardin performing the tests. 43.34 Sec. 68. Minnesota Statutes 2000, section 349A.10, 43.35 subdivision 5, is amended to read: 43.36 Subd. 5. [DEPOSIT OF NET PROCEEDS.] Within 30 days after 44.1 the end of each month, the director shall deposit in the state 44.2 treasury the net proceeds of the lottery, which is the balance 44.3 in the lottery fund after transfers to the lottery prize fund 44.4 and credits to the lottery operations account. Of the net 44.5 proceeds, 40 percent must be credited to the Minnesota 44.6 environment and natural resources trust fund,andduring any44.7period in which bonds are issued and outstanding under section44.816A.67,theremainder must be credited to the special revenue44.9fund created in section 16A.67, subdivision 3, provided that if44.10bonds are not issued and outstanding under section 16A.67, such44.11 remainder must be credited to the general fund.Money credited44.12to the special revenue fund must be transferred to the debt44.13service fund established in section 16A.67, subdivision 4, at44.14the times and in the amounts determined by the commissioner of44.15finance to be necessary to provide for the payment and security44.16of bonds issued pursuant to section 16A.67. On or before the44.17tenth day of each month, any money in the special revenue fund44.18not required to be transferred to the debt service fund must be44.19transferred to the general fund.44.20 Sec. 69. Minnesota Statutes 2000, section 352D.02, 44.21 subdivision 1, is amended to read: 44.22 Subdivision 1. [COVERAGE.] (a) Employees enumerated in 44.23 paragraph (c), clauses (2), (3), (4), and (6) to (14), if they 44.24 are in the unclassified service of the state or metropolitan 44.25 council and are eligible for coverage under the general state 44.26 employees retirement plan under chapter 352, are participants in 44.27 the unclassified plan under this chapter unless the employee 44.28 gives notice to the executive director of the Minnesota state 44.29 retirement system within one year following the commencement of 44.30 employment in the unclassified service that the employee desires 44.31 coverage under the general state employees retirement plan. For 44.32 the purposes of this chapter, an employee who does not file 44.33 notice with the executive director is deemed to have exercised 44.34 the option to participate in the unclassified plan. 44.35 (b) Persons referenced in paragraph (c), clauses (1) and 44.36 (5), are participants in the unclassified program under this 45.1 chapter unless the person is eligible to elect different 45.2 coverage under section 3A.07 or 352C.011 and, after July 1, 45.3 1998, elects retirement coverage by the applicable alternative 45.4 retirement plan. Persons referenced in paragraph (c), clause 45.5 (15), are participants in the unclassified program under this 45.6 chapter for judicial employment in excess of the service credit 45.7 limit in section 490.121, subdivision 22. 45.8 (c) Enumerated employees and referenced persons are: 45.9 (1) the governor, the lieutenant governor, the secretary of 45.10 state, the state auditor, the state treasurer, and the attorney 45.11 general; 45.12 (2) an employee in the office of the governor, lieutenant 45.13 governor, secretary of state, state auditor, state treasurer, 45.14 attorney general; 45.15 (3) an employee of the state board of investment; 45.16 (4) the head of a department, division, or agency created 45.17 by statute in the unclassified service, an acting department 45.18 head subsequently appointed to the position, or an employee 45.19 enumerated in section 15A.0815 or 15A.083, subdivision 4; 45.20 (5) a member of the legislature; 45.21 (6) a full-time unclassified employee of the legislature or 45.22 a commission or agency of the legislature who is appointed 45.23 without a limit on the duration of the employment or a temporary 45.24 legislative employee having shares in the supplemental 45.25 retirement fund as a result of former employment covered by this 45.26 chapter, whether or not eligible for coverage under the 45.27 Minnesota state retirement system; 45.28 (7) a person who is employed in a position established 45.29 under section 43A.08, subdivision 1, clause (3), or in a 45.30 position authorized under a statute creating or establishing a 45.31 department or agency of the state, which is at the deputy or 45.32 assistant head of department or agency or director level; 45.33 (8) the regional administrator, or executive director of 45.34 the metropolitan council, general counsel, division directors, 45.35 operations managers, and other positions as designated by the 45.36 council, all of which may not exceed 27 positions at the council 46.1 and the chair; 46.2 (9) the executive director, associate executive director, 46.3 and not to exceed nine positions of the higher education 46.4 services office in the unclassified service, as designated by 46.5 the higher education services office before January 1, 1992, or 46.6 subsequently redesignated with the approval of the board of 46.7 directors of the Minnesota state retirement system, unless the 46.8 person has elected coverage by the individual retirement account 46.9 plan under chapter 354B; 46.10 (10) the clerk of the appellate courts appointed under 46.11 article VI, section 2, of the Constitution of the state of 46.12 Minnesota; 46.13 (11) the chief executive officers of correctional 46.14 facilities operated by the department of corrections and of 46.15 hospitals and nursing homes operated by the department of human 46.16 services; 46.17 (12) an employee whose principal employment is at the state 46.18 ceremonial house; 46.19 (13) an employee of the Minnesota educational computing 46.20 corporation; 46.21 (14) an employee of the state lotteryboardwho is covered 46.22 by the managerial plan established under section 43A.18, 46.23 subdivision 3; and 46.24 (15) a judge who has exceeded the service credit limit in 46.25 section 490.121, subdivision 22. 46.26 Sec. 70. Minnesota Statutes 2001 Supplement, section 46.27 356.62, is amended to read: 46.28 356.62 [PAYMENT OF EMPLOYEE CONTRIBUTION.] 46.29 For purposes of any public pension plan, as defined in 46.30 section365.615356.615, paragraph (b), each employer shall pick 46.31 up the employee contributions required pursuant to law or the 46.32 pension plan for all salary payable after December 31, 1982. If 46.33 the United States Treasury department rules that pursuant to 46.34 section 414(h) of the Internal Revenue Code of 1986, as amended 46.35 through December 31, 1992, that these picked up contributions 46.36 are not includable in the employee's adjusted gross income until 47.1 they are distributed or made available, then these picked up 47.2 contributions shall be treated as employer contributions in 47.3 determining tax treatment pursuant to the Internal Revenue Code 47.4 of 1986, as amended through December 31, 1992, and the employer 47.5 shall discontinue withholding federal income taxes on the amount 47.6 of these contributions. The employer shall pay these picked up 47.7 contributions from the same source of funds as is used to pay 47.8 the salary of the employee. The employer shall pick up these 47.9 employee contributions by a reduction in the cash salary of the 47.10 employee. 47.11 Employee contributions that are picked up shall be treated 47.12 for all purposes of the public pension plan in the same manner 47.13 and to the same extent as employee contributions that were made 47.14 prior to the date on which the employee contributions pick up 47.15 began. The amount of the employee contributions that are picked 47.16 up shall be included in the salary upon which retirement 47.17 coverage is credited and retirement and survivor's benefits are 47.18 determined. For purposes of this section, "employee" means any 47.19 person covered by a public pension plan. For purposes of this 47.20 section, "employee contributions" include any sums deducted from 47.21 the employee's salary or wages or otherwise paid in lieu 47.22 thereof, regardless of whether they are denominated 47.23 contributions by the public pension plan. 47.24 For any calendar year in which withholding has been reduced 47.25 pursuant to this section, the employing unit shall supply each 47.26 employee and the commissioner of revenue with an information 47.27 return indicating the amount of the employer's picked-up 47.28 contributions for the calendar year that were not subject to 47.29 withholding. This return shall be provided to the employee not 47.30 later than January 31 of the succeeding calendar year. The 47.31 commissioner of revenue shall prescribe the form of the return 47.32 and the provisions of section 289A.12 shall apply to the extent 47.33 not inconsistent with the provisions of this section. 47.34 Sec. 71. Minnesota Statutes 2001 Supplement, section 47.35 376.08, subdivision 2, is amended to read: 47.36 Subd. 2. [HOSPITAL REMODELING OR ADDITIONS; FINANCING.] A 48.1 county hospital may by majority vote of its board of 48.2 commissioners, or if the hospital has been leased to another 48.3 entity under section 376.06, subdivision 1, or 447.47, by 48.4 majority vote of the board of directors of that entity, enter 48.5 into projects for the construction of an addition or remodeling 48.6 to its presently existing facility or the acquisition of 48.7 equipment as described in this subdivision without complying 48.8 with the dollar limitation of subdivision 1or the election48.9requirements of section 376.03. This subdivision applies to 48.10 projects in which the funds for the project are derived from 48.11 dedicated, restricted, or other designated accounts, from the 48.12 hospital's depreciation fund, or from the issuance of bonds 48.13 authorized under other law. An addition to a current hospital 48.14 under this subdivision may include construction of buildings 48.15 physically separate from the present hospital building, as well 48.16 as additions to the present building, if the new buildings are 48.17 constructed on the hospital's existing premises. 48.18 This subdivision does not affect the ability of the 48.19 hospital board to approve funds for improvements or remodeling 48.20 of a hospital facility under other law. 48.21 Sec. 72. Minnesota Statutes 2000, section 383C.19, is 48.22 amended to read: 48.23 383C.19 [EMERGENCY JOBS PROGRAM.] 48.24 St. Louis county may establish an emergency employment 48.25 program to meet the needs of its unemployed residents. The 48.26 county board of commissioners shall establish rules governing 48.27 the operation of the employment program. Rules shall include 48.28 but not be limited to number of hours worked, wages, benefits, 48.29 and methods and terms of payment. Limits imposed by civil 48.30 service rules shall not apply to an emergency jobs program 48.31 established under the authority of this section. Service in a 48.32 St. Louis county emergency jobs program shall not constitute 48.33 employment under chapter 268 but shall come within the exclusion 48.34 established in section268.04268.035, subdivision1220, clause 48.35 (10)(d), and St. Louis county shall not be liable for 48.36 contributions to the unemployment insurance program trust fund 49.1 for participants of an emergency jobs program. 49.2 Sec. 73. Minnesota Statutes 2000, section 401.05, 49.3 subdivision 3, is amended to read: 49.4 Subd. 3. [LEASING.] (a) A county or joint powers board of 49.5 a group of counties which acquires or constructs and equips or 49.6 improves facilities under this chapter may, with the approval of 49.7 the board of county commissioners of each county, enter into a 49.8 lease agreement with a city situated within any of the counties, 49.9 or a county housing and redevelopment authority established 49.10 under chapter 469 or any special law. Under the lease 49.11 agreement, the city or county housing and redevelopment 49.12 authority shall: 49.13 (1) construct or acquire and equip or improve a facility in 49.14 accordance with plans prepared by or at the request of a county 49.15 or joint powers board of the group of counties and approved by 49.16 the commissioner of corrections; and 49.17 (2) finance the facility by the issuance of revenue bonds. 49.18 (b) The county or joint powers board of a group of counties 49.19 may lease the facility site, improvements, and equipment for a 49.20 term upon rental sufficient to produce revenue for the prompt 49.21 payment of the revenue bonds and all interest accruing on them. 49.22 Upon completion of payment, the lessee shall acquire title. The 49.23 real and personal property acquired for the facility constitutes 49.24 a project and the lease agreement constitutes a revenue 49.25 agreement as provided in sections 469.152 to 469.165. All 49.26 proceedings by the city or county housing and redevelopment 49.27 authority and the county or joint powers board shall be as 49.28 provided in sections 469.152 to 469.165, with the following 49.29 adjustments: 49.30 (1) no tax may be imposed upon the property; 49.31 (2) the approval of the project by the commissioner of 49.32 trade and economic development is not required; 49.33 (3) the department of corrections shall be furnished and 49.34 shall record information concerning each project as it may 49.35 prescribe, in lieu of reports required on other projects to the 49.36 commissioner of trade and economic developmentor the energy and50.1economic development authority; 50.2 (4) the rentals required to be paid under the lease 50.3 agreement shall not exceed in any year one-tenth of one percent 50.4 of the market value of property within the county or group of 50.5 counties as last equalized before the execution of the lease 50.6 agreement; 50.7 (5) the county or group of counties shall provide for 50.8 payment of all rentals due during the term of the lease 50.9 agreement in the manner required in subdivision 4; 50.10 (6) no mortgage on the facilities shall be granted for the 50.11 security of the bonds, but compliance with clause (5) may be 50.12 enforced as a nondiscretionary duty of the county or group of 50.13 counties; and 50.14 (7) the county or the joint powers board of the group of 50.15 counties may sublease any part of the facilities for purposes 50.16 consistent with their maintenance and operation. 50.17 Sec. 74. Minnesota Statutes 2000, section 437.08, is 50.18 amended to read: 50.19 437.08 [LICENSES OR PERMITS VOID.] 50.20 Any license, permit, or other grant of authority issued or 50.21 made in violation of the provisions of sections 437.07 to437.1150.22 437.10 shall be absolutely null and void. 50.23 Sec. 75. Minnesota Statutes 2000, section 437.09, is 50.24 amended to read: 50.25 437.09 [SHOWS PROHIBITED WITHOUT LICENSE.] 50.26 No person, firm, copartnership, corporation, or association 50.27 of any nature or kind shall operate or attempt to operate or 50.28 carry on any itinerant carnival, street show, street fair, 50.29 sideshow, circus, or any similar enterprise within one mile of 50.30 the corporate limits of any city of the fourth class in this 50.31 state without license or permit so to do lawfully granted under 50.32 the restrictions provided in sections 437.07 to437.11437.10. 50.33 Any person violating any of the provisions of this section 50.34 shall be guilty of a misdemeanor; and any such enterprise 50.35 operated without license or permit as herein prescribed is 50.36 hereby declared to be a public nuisance. 51.1 Sec. 76. Minnesota Statutes 2000, section 437.10, is 51.2 amended to read: 51.3 437.10 [DEFINITION.] 51.4 An itinerant carnival, street show, street fair, sideshow, 51.5 circus, or other similar enterprise, within the meaning of 51.6 sections 437.07 to437.11437.10, is any itinerant carnival, 51.7 street show, street fair, sideshow, circus, or other similar 51.8 enterprise, which is held, operated, or carried on in the open 51.9 or indoors or upon or within any public or private ground, at 51.10 which there congregates and assembles, with or without the 51.11 payment of an admission fee, a promiscuous gathering of people 51.12 as spectators or otherwise. 51.13 Sec. 77. Minnesota Statutes 2000, section 458D.02, 51.14 subdivision 2, is amended to read: 51.15 Subd. 2. [WESTERN LAKE SUPERIOR SANITARY DISTRICT.] 51.16 "Western Lake Superior Sanitary District" and "district" mean 51.17 the area over which the sanitarysewerboard has jurisdiction 51.18 which shall include the area now comprised of the city of 51.19 Cloquet, the cities of Carlton, Scanlon, Thomson and Wrenshall, 51.20 and the townships of Knife Falls, Silver Brook, Thomson, and 51.21 Twin Lakes in the county of Carlton; the city of Duluth, the 51.22 city of Proctor, and the townships of Canosia, Duluth, Grand 51.23 Lake, Herman, Lakewood, Midway, Rice Lake and Solway in the 51.24 county of St. Louis; other territory included in the district 51.25 pursuant to section 458D.22; and any waters of the state 51.26 adjacent thereto. 51.27 Sec. 78. Minnesota Statutes 2000, section 458D.02, 51.28 subdivision 3, is amended to read: 51.29 Subd. 3. [SANITARYSEWERBOARD.] "Sanitarysewerboard" or 51.30 "board" means the sanitarysewerboard established for the 51.31 Western Lake Superior Sanitary District as provided in section 51.32 458D.03. 51.33 Sec. 79. Minnesota Statutes 2000, section 458D.23, is 51.34 amended to read: 51.35 458D.23 [PROPERTY EXEMPT FROM TAXATION.] 51.36 Any properties, real or personal, owned, leased, 52.1 controlled, used, or occupied by the sanitarysewerboard for 52.2 any purpose under sections 458D.01 to 458D.24 are declared to be 52.3 acquired, owned, leased, controlled, used and occupied for 52.4 public, governmental, and municipal purposes, and shall be 52.5 exempt from taxation by the state or any political subdivision 52.6 of the state, except to the extent that the property is subject 52.7 to the sales and use tax under chapter 297A, provided that such 52.8 properties shall be subject to special assessments levied by a 52.9 political subdivision for a local improvement in amounts 52.10 proportionate to and not exceeding the special benefit received 52.11 by the properties from such improvement. No possible use of any 52.12 such properties in any manner different from their use as part 52.13 of a disposal system at the time shall be considered in 52.14 determining the special benefit received by such properties. 52.15 All such assessments shall be subject to final approval by the 52.16 board, whose determination of the benefits shall be conclusive 52.17 upon the political subdivision levying the assessment. All 52.18 bonds, certificates of indebtedness or other obligations of the 52.19 board, and the interest thereon, shall be exempt from taxation 52.20 by the state or any political subdivision of the state. 52.21 Sec. 80. Minnesota Statutes 2000, section 469.110, 52.22 subdivision 2, is amended to read: 52.23 Subd. 2. [AUTHORITYDEPARTMENT.] "AuthorityDepartment" 52.24 means theenergy anddepartment of trade and economic 52.25 developmentauthority. 52.26 Sec. 81. Minnesota Statutes 2000, section 469.116, 52.27 subdivision 7, is amended to read: 52.28 Subd. 7. [INVESTMENT IN BONDS.] Subject to the approval of 52.29 the state agency, the bonds of a local agency may be declared 52.30 securities in which all public officers and bodies of the state 52.31 and of its municipal subdivisions, all insurance companies and 52.32 associations, all savings banks and savings institutions, 52.33 including savings associations, executors, administrators, 52.34 guardians, trustees, and all other fiduciaries in the state may 52.35 properly and legally invest the funds within their control. 52.36 Each mortgage or issue of bonds shall relate only to a single 53.1 specified project, and those bonds shall be secured by a 53.2 mortgage upon all the real property of which the projects 53.3 consist and shall be first lien bonds, secured by a mortgage not 53.4 exceeding 80 percent of the estimated cost prior to the 53.5 completion of the project, or 80 percent of the appraised value 53.6 or actual cost, but in no event in excess of 80 percent of the 53.7 actual cost, after that completion, as certified by the 53.8authoritydepartment. 53.9 Sec. 82. Minnesota Statutes 2000, section 469.118, 53.10 subdivision 1, is amended to read: 53.11 Subdivision 1. [CONDITIONS FOR MAKING.] When it has been 53.12 determined by theauthoritydepartment upon application of a 53.13 local agency that the establishment of a particular 53.14 redevelopment project in a redevelopment area has accomplished 53.15 or will accomplish the public purposes of sections 469.109 to 53.16 469.123, theauthoritydepartment may contract to loan the local 53.17 agency an amount not in excess of 20 percent of the cost or 53.18 estimated cost of the redevelopment project, subject to the 53.19 following conditions: 53.20 (a) In the case of a redevelopment project to be 53.21 established, 53.22 (1) theauthoritydepartment shall have first determined 53.23 that the local agency holds funds in an amount equal to, or 53.24 property of a value equal to not less than, ten percent of the 53.25 estimated cost of establishing the redevelopment project, which 53.26 funds or property are available for and shall be applied to the 53.27 establishment of the project. If a public facility within the 53.28 redevelopment area has been or may be constructed and will 53.29 benefit a redevelopment project, the imputed value of the 53.30 benefit of the facility to the redevelopment project may be 53.31 determined and the estimated cost thereof credited to the local 53.32 agency for the purpose of satisfying the requirements of this 53.33 subparagraph. For purposes of this section, a public facility 53.34 includes utility installations, street improvements, public 53.35 buildings, parks, playgrounds, schools, recreational buildings, 53.36 and parking facilities; 54.1 (2) theauthoritydepartment shall have also determined 54.2 that the local agency has obtained from other sources, by gift, 54.3 grant, or loan from private or other state or federal sources, a 54.4 firm commitment for all other funds, over and above the loan of 54.5 the state agency, and such funds or property as the 54.6 redevelopment agency may hold, necessary for payment of all the 54.7 estimated cost of establishing the redevelopment project, and 54.8 that the sum of all these funds, together with the machinery and 54.9 equipment to be provided by the owner or operator of the 54.10 redevelopment project is adequate to ensure completion and 54.11 operation of the plant, enterprise, or facility. 54.12 (b) In the case of a redevelopment project established 54.13 without initial state or local agency participation, 54.14 (1) the state agency shall have first determined that the 54.15 local or area redevelopment agency has expended funds in an 54.16 amount equal to, or has applied property of a value equal to, 54.17 not less than ten percent of the cost of establishing the 54.18 redevelopment project. If a public facility within the 54.19 redevelopment area has been or may be constructed and will 54.20 benefit a redevelopment project, the imputed value of the 54.21 benefit of the facility to the redevelopment project may be 54.22 determined and the estimated cost thereof credited to the local 54.23 agency for the purpose of satisfying the requirements of this 54.24 subparagraph; 54.25 (2) theauthoritydepartment shall have also determined 54.26 that the local agency has obtained from other public or private 54.27 sources other funds necessary for payment of all the cost of 54.28 establishing the redevelopment project, and that the local 54.29 agency participation and these funds, together with the 54.30 machinery and equipment provided by the owner or operator of the 54.31 redevelopment project has been adequate to ensure completion and 54.32 operation of the plant, enterprise, or facility. The proceeds 54.33 of any loan made by theauthoritydepartment to a local agency 54.34 pursuant to this paragraph shall be used only for the 54.35 establishment of additional redevelopment projects in 54.36 furtherance of the public purposes of sections 469.109 to 55.1 469.123. 55.2 Sec. 83. Minnesota Statutes 2000, section 469.118, 55.3 subdivision 2, is amended to read: 55.4 Subd. 2. [TERMS.] Any such loan of theauthority55.5 department shall be for the period of time and shall bear 55.6 interest at the rate determined by theauthoritydepartment. It 55.7 may be secured by a mortgage on the redevelopment project for 55.8 which the loan was made. The mortgage may be second and 55.9 subordinate only to the mortgage securing the first lien 55.10 obligation, if any, issued to secure the commitment of funds 55.11 from a private or public source and used in the financing of the 55.12 redevelopment project. 55.13 Sec. 84. Minnesota Statutes 2000, section 469.118, 55.14 subdivision 4, is amended to read: 55.15 Subd. 4. [DEPOSIT OF PAYMENTS.] All payments of interest 55.16 on the loans and repayments of principal shall be deposited by 55.17 theauthoritydepartment in the Minnesota account and shall be 55.18 available to be applied and reapplied to carry out the purposes 55.19 of sections 469.109 to 469.123. 55.20 Sec. 85. Minnesota Statutes 2000, section 469.119, 55.21 subdivision 1, is amended to read: 55.22 Subdivision 1. [APPLICATION CONTENTS.] Prior to the 55.23 loaning of any funds for a redevelopment project in a 55.24 redevelopment area the local agency shall receive from the 55.25 applicant and, in the case ofauthoritydepartment 55.26 participation, shall forward to the state agency a loan 55.27 application. The application shall be in the form adopted by 55.28 the local agency, and shall contain among other things the 55.29 following information: 55.30 (1) a general description of the redevelopment project and 55.31 of the industrial, recreational, commercial, or manufacturing 55.32 enterprise for which the project has been or is to be 55.33 established; 55.34 (2) a legal description of all real estate necessary for 55.35 the project; 55.36 (3) plans and other documents as may be required to show 56.1 the type, structure, and general character of the redevelopment 56.2 project; 56.3 (4) a general description of the type, classes, and number 56.4 of employees employed or to be employed in the operation of the 56.5 redevelopment project; and 56.6 (5) cost or estimates of cost of establishing the 56.7 redevelopment project. 56.8 Sec. 86. Minnesota Statutes 2000, section 469.122, is 56.9 amended to read: 56.10 469.122 [LIMITATION OF POWERS.] 56.11 The state pledges to the United States or any agency 56.12 thereof that if any federal agency shall construct, loan, or 56.13 contribute any funds for the construction, extension, 56.14 improvement, or enlargement of any redevelopment project, or any 56.15 portion thereof, the state will not alter or limit the rights 56.16 and powers of theauthoritydepartment or the local agency in 56.17 any manner inconsistent with the performance of any agreements 56.18 between theauthoritydepartment or the local agency and any 56.19 such federal agency. Theauthoritydepartment and the local 56.20 agency shall continue to have all powers herein granted, so long 56.21 as the same shall be necessary or desirable for the carrying out 56.22 of the purposes of these sections. 56.23 Sec. 87. Minnesota Statutes 2000, section 469.154, 56.24 subdivision 5, is amended to read: 56.25 Subd. 5. [INFORMATION TOENERGYTRADE AND ECONOMIC 56.26 DEVELOPMENTAUTHORITYDEPARTMENT.] Each municipality and 56.27 redevelopment agency upon entering into a revenue agreement, 56.28 except one pertaining to a project referred to in section 56.29 469.153, subdivision 2, paragraph (g) or (j), shall furnish 56.30 theenergytrade and economic developmentauthoritydepartment 56.31 on forms theauthoritydepartment prescribes the following 56.32 information concerning the project: The name of the contracting 56.33 party, the nature of the enterprise, the location, approximate 56.34 number of employees, the general terms and nature of the revenue 56.35 agreement, the amount of bonds or notes issued, and other 56.36 information theenergytrade and economic development 57.1authoritydepartment deems advisable. Theenergytrade and 57.2 economic developmentauthoritydepartment shall keep a record of 57.3 the information which shall be available to the public at times 57.4 theauthoritydepartment prescribes. 57.5 Sec. 88. Minnesota Statutes 2000, section 471.415, 57.6 subdivision 2, is amended to read: 57.7 Subd. 2. [AFFIDAVIT FILED BEFORE WARRANT ISSUES.] A 57.8 duplicate for a lost or destroyed order or warrant shall not 57.9 issue until there shall have been filed with the proper officer 57.10 an affidavit of the owner thereof setting forth the ownership of 57.11 the order or warrant, the description thereof, and the manner of 57.12 its loss or destruction, and until there shall have been 57.13 executed and filed with the same officer an indemnifying bond, 57.14 with sureties to be approved by such officer, in a sum equal to 57.15 the amount of such order or warrant, conditioned that the 57.16 parties thereto shall pay all damages which the county, city, 57.17 town, or school district may sustain if compelled to pay such 57.18losslost or destroyed order or warrant. The governing body of 57.19 any county, city, town, or school district may in its discretion 57.20 dispense with the requirement of an indemnifying bond. 57.21 Sec. 89. Minnesota Statutes 2001 Supplement, section 57.22 501B.60, subdivision 3, is amended to read: 57.23 Subd. 3. [STANDARDS FOR EXERCISE.] In exercising a power 57.24 to adjust under section501B.70501B.705 or a discretionary 57.25 power of administration regarding a matter within the scope of 57.26 sections 501B.59 to 501B.76, a fiduciary shall administer the 57.27 trust or estate impartially, based on what is fair and 57.28 reasonable to all of the beneficiaries, except to the extent 57.29 that the terms of the trust or the will clearly manifest an 57.30 intention that the fiduciary shall or may favor one or more of 57.31 the beneficiaries. A determination in accordance with sections 57.32 501B.59 to 501B.76 is presumed to be fair and reasonable to all 57.33 of the beneficiaries. 57.34 Sec. 90. Minnesota Statutes 2000, section 501B.61, as 57.35 amended by Laws 2001, chapter 15, section 4, is amended to read: 57.36 501B.61 [INCOME; PRINCIPAL; CHARGES.] 58.1 Subdivision 1. [INCOME DEFINED.] "Income" means the return 58.2 in money or property derived from the use of principal, 58.3 including return received as: 58.4 (1) rent of real or personal property, including sums 58.5 received for cancellation or renewal of a lease; 58.6 (2) interest on money lent, including sums received as 58.7 consideration for the privilege of prepayment of principal, 58.8 except as provided in section 501B.65 on bond premium and bond 58.9 discount; 58.10 (3) income earned during administration of a decedent's 58.11 estate as provided in section 501B.63; 58.12 (4) corporate distributions as provided in section 501B.64; 58.13 (5) accrued increment on bonds or other obligations issued 58.14 at discount as provided in section 501B.65; 58.15 (6) receipts from business and farming operations as 58.16 provided in section501B.66501B.665; 58.17 (7) receipts from disposition of natural resources as 58.18 provided in sections 501B.67 and 501B.68; 58.19 (8) receipts from other principal subject to depletion as 58.20 provided in section 501B.69; and 58.21 (9) receipts from disposition of underproductive property 58.22as provided in section 501B.70. 58.23 Subd. 2. [PRINCIPAL DEFINED.] "Principal" means the 58.24 property set aside by the owner or the person legally empowered 58.25 so that it is held in trust eventually to be delivered to a 58.26 remainderperson while the return or use of the principal is in 58.27 the meantime taken or received by or held for accumulation for 58.28 an income beneficiary. Principal includes: 58.29 (1) consideration received by the trustee on the sale or 58.30 other transfer of principal, on repayment of a loan, or as a 58.31 refund, replacement, or change in the form of principal; 58.32 (2) proceeds of property taken on eminent domain 58.33 proceedings; 58.34 (3) proceeds of insurance on property forming part of the 58.35 principal, except proceeds of insurance on a separate interest 58.36 of an income beneficiary; 59.1 (4) stock dividends, receipts on liquidation of a 59.2 corporation, and other corporate distributions as provided in 59.3 section 501B.64; 59.4 (5) receipts from the disposition of corporate securities 59.5 as provided in section 501B.65; 59.6 (6) royalties and other receipts from disposition of 59.7 natural resources as provided in sections 501B.67 and 501B.68; 59.8 (7) receipts from other principal subject to depletion as 59.9 provided in section 501B.69; 59.10 (8) profit resulting from a change in the form of 59.11 principal, except as provided in section 501B.70 on59.12underproductive property; 59.13 (9) receipts from disposition of underproductive property 59.14as provided in section 501B.70; 59.15 (10) allowances for depreciation established under sections 59.16501B.66501B.665 and 501B.71, subdivision 1, clause (2); and 59.17 (11) gain or loss, including the purchase premium, if any, 59.18 from the grant of an option to buy or sell property of the 59.19 trust, whether or not the trust owns the property when the 59.20 option is granted. 59.21 Subd. 3. [CHARGES.] After determining income and principal 59.22 in accordance with the terms of the trust instrument or of 59.23 sections 501B.59 to 501B.76, the trustee shall charge to income 59.24 or principal expenses and other charges as provided in section 59.25 501B.71. 59.26 Sec. 91. Minnesota Statutes 2001 Supplement, section 59.27 514.661, subdivision 5, is amended to read: 59.28 Subd. 5. [PRIORITY.] (a) A perfected lien has priority 59.29 over all other liens and security interests in crops produced by 59.30 the debtor during the calendar year in which the mediation 59.31 occursexcept for a perfected landlord's lien under section59.32514.960. 59.33 (b) An unperfected lien has the priority of an unperfected 59.34 security interest under sections 336.9-317 and 336.9-322. 59.35 Sec. 92. Minnesota Statutes 2000, section 514.94, is 59.36 amended to read: 60.1 514.94 [RIGHTS OF DETAINER, LIEN AND SALE OF ANIMALS.] 60.2 Nothing insections 514.92 to 514.94this section or 60.3 section 514.93 shall in any way alter or revoke a veterinarian's 60.4 rights of detainer, lien and sale of animals under sections 60.5 514.18 to 514.22. 60.6 Sec. 93. Minnesota Statutes 2000, section 524.2-301, is 60.7 amended to read: 60.8 524.2-301 [ENTITLEMENT OF SPOUSE; PREMARITAL WILL.] 60.9 (a) A testator's surviving spouse, who married the testator 60.10 after the testator's will was executed, is entitled to receive, 60.11 as an intestate share, no less than the value of the share of 60.12 the estate the surviving spouse would have received if the 60.13 testator had died intestate as to that portion of the testator's 60.14 estate, if any, that neither is devised to a child of the 60.15 testator who was born before the testator married the surviving 60.16 spouse and who is not a child of the surviving spouse nor is 60.17 devised to a descendant of such a child or passes under section 60.18524.2-603524.2-6031 or 524.2-604 to such a child or to a 60.19 descendant of such a child, unless: 60.20 (1) it appears from the will or other evidence that the 60.21 will was made in contemplation of the testator's marriage to the 60.22 surviving spouse; 60.23 (2) the will expresses the intention that it is to be 60.24 effective notwithstanding any subsequent marriage; or 60.25 (3) the testator provided for the spouse by transfer 60.26 outside the will and the intent that the transfer be in lieu of 60.27 a testamentary provision is shown by the testator's statements 60.28 or is reasonably inferred from the amount of the transfer or 60.29 other evidence. 60.30 (b) In satisfying the share provided by this section, 60.31 devises made by the will to the testator's surviving spouse, if 60.32 any, are applied first, and other devises, other than a devise 60.33 to a child of the testator who was born before the testator 60.34 married the surviving spouse and who is not a child of the 60.35 surviving spouse or a devise or substitute gift under section 60.36524.2-603524.2-6031 or 524.2-604 to a descendant of such a 61.1 child, abate as provided in section 524.3-902. 61.2 Sec. 94. Minnesota Statutes 2000, section 524.2-604, is 61.3 amended to read: 61.4 524.2-604 [FAILURE OF TESTAMENTARY PROVISION.] 61.5 (a) Except as provided in section524.2-603524.2-6031, a 61.6 devise, other than a residuary devise, that fails for any reason 61.7 becomes a part of the residue. 61.8 (b) Except as provided in section524.2-603524.2-6031, if 61.9 the residue is devised to two or more persons, the share of a 61.10 residuary devisee that fails for any reason passes to the other 61.11 residuary devisee, or to other residuary devisees in proportion 61.12 to the interest of each in the remaining part of the residue. 61.13 Sec. 95. Minnesota Statutes 2000, section 524.2-609, is 61.14 amended to read: 61.15 524.2-609 [ADEMPTION BY SATISFACTION.] 61.16 (a) Property a testator, while living, gave to a person is 61.17 treated as a satisfaction of a devise in whole or in part, only 61.18 if (i) the will provides for deduction of the gift, (ii) the 61.19 testator declared in a contemporaneous writing that the gift is 61.20 in satisfaction of the devise or that its value is to be 61.21 deducted from the value of the devise, or (iii) the devisee 61.22 acknowledged in writing that the gift is in satisfaction of the 61.23 devise or that its value is to be deducted from the value of the 61.24 devise. 61.25 (b) For purposes of partial satisfaction, property given 61.26 during lifetime is valued as of the time the devisee came into 61.27 possession or enjoyment of the property or at the testator's 61.28 death, whichever occurs first. 61.29 (c) If the devisee fails to survive the testator, the gift 61.30 is treated as a full or partial satisfaction of the devise, as 61.31 appropriate, in applying sections524.2-603524.2-6031 and 61.32 524.2-604, unless the testator's contemporaneous writing 61.33 provides otherwise. 61.34 Sec. 96. Minnesota Statutes 2000, section 583.24, 61.35 subdivision 4, is amended to read: 61.36 Subd. 4. [DEBTS.] The Farmer-Lender Mediation Act does not 62.1 apply to a debt: 62.2 (1) for which a proof of claim form has been filed in 62.3 bankruptcy by a creditor or that was listed as a scheduled debt, 62.4 of a debtor who has filed a petition in bankruptcy after July 1, 62.5 1987, under United States Code, title 11, chapter 7, 11, 12, or 62.6 13; 62.7 (2) if the debt was in default when the creditor received a 62.8 mediation proceeding notice under the Farmer-Lender Mediation 62.9 Act and the creditor filed a claim form, the debt was mediated 62.10 during the mediation period under section 583.26, subdivision 8, 62.11 and (i) the mediation was unresolved; or (ii) a mediation 62.12 agreement with respect to that debt was signed; 62.13 (3) for which the creditor has served a mediation notice, 62.14 the debtor has failed to make a timely request for mediation, 62.15 and within 60 days after the debtor failed to make a timely 62.16 request the creditor began a proceeding to enforce the debt 62.17 against the agricultural property of the debtor; 62.18 (4) for which a creditor has received a mediation 62.19 proceeding notice and the creditor and debtor have restructured 62.20 the debt and have signed a separate mediation agreement with 62.21 respect to that debt; or 62.22 (5) for which there is a lien for rental value of farm 62.23 machinery under section 514.661or a lien for rental value62.24relating to a contract for deed subject to the Farmer-Lender62.25Mediation Act under section 559.2091. 62.26 Sec. 97. Minnesota Statutes 2000, section 609.341, 62.27 subdivision 17, is amended to read: 62.28 Subd. 17. "Psychotherapist" means a person who is or 62.29 purports to be a physician, psychologist, nurse, chemical 62.30 dependency counselor, social worker, marriage and family 62.31counselortherapist, or other mental health service provider; or 62.32 any other person, whether or not licensed by the state, who 62.33 performs or purports to perform psychotherapy. 62.34 Sec. 98. Minnesota Statutes 2001 Supplement, section 62.35 626.556, subdivision 11, is amended to read: 62.36 Subd. 11. [RECORDS.] (a) Except as provided in paragraph 63.1 (b) or (d) and subdivisions 10b, 10d, 10g, and 11b, all records 63.2 concerning individuals maintained by a local welfare agency or 63.3 agency responsible for assessing or investigating the report 63.4 under this section, including any written reports filed under 63.5 subdivision 7, shall be private data on individuals, except 63.6 insofar as copies of reports are required by subdivision 7 to be 63.7 sent to the local police department or the county sheriff. All 63.8 records concerning determinations of maltreatment by a facility 63.9 are nonpublic data as maintained by the department of children, 63.10 families, and learning, except insofar as copies of reports are 63.11 required by subdivision 7 to be sent to the local police 63.12 department or the county sheriff. Reports maintained by any 63.13 police department or the county sheriff shall be private data on 63.14 individuals except the reports shall be made available to the 63.15 investigating, petitioning, or prosecuting authority, including 63.16 county medical examiners or county coroners. Section 13.82, 63.17 subdivisions7,8,and9, and 14, apply to law enforcement data 63.18 other than the reports. The local social services agency or 63.19 agency responsible for assessing or investigating the report 63.20 shall make available to the investigating, petitioning, or 63.21 prosecuting authority, including county medical examiners or 63.22 county coroners or their professional delegates, any records 63.23 which contain information relating to a specific incident of 63.24 neglect or abuse which is under investigation, petition, or 63.25 prosecution and information relating to any prior incidents of 63.26 neglect or abuse involving any of the same persons. The records 63.27 shall be collected and maintained in accordance with the 63.28 provisions of chapter 13. In conducting investigations and 63.29 assessments pursuant to this section, the notice required by 63.30 section 13.04, subdivision 2, need not be provided to a minor 63.31 under the age of ten who is the alleged victim of abuse or 63.32 neglect. An individual subject of a record shall have access to 63.33 the record in accordance with those sections, except that the 63.34 name of the reporter shall be confidential while the report is 63.35 under assessment or investigation except as otherwise permitted 63.36 by this subdivision. Any person conducting an investigation or 64.1 assessment under this section who intentionally discloses the 64.2 identity of a reporter prior to the completion of the 64.3 investigation or assessment is guilty of a misdemeanor. After 64.4 the assessment or investigation is completed, the name of the 64.5 reporter shall be confidential. The subject of the report may 64.6 compel disclosure of the name of the reporter only with the 64.7 consent of the reporter or upon a written finding by the court 64.8 that the report was false and that there is evidence that the 64.9 report was made in bad faith. This subdivision does not alter 64.10 disclosure responsibilities or obligations under the rules of 64.11 criminal procedure. 64.12 (b) Upon request of the legislative auditor, data on 64.13 individuals maintained under this section must be released to 64.14 the legislative auditor in order for the auditor to fulfill the 64.15 auditor's duties under section 3.971. The auditor shall 64.16 maintain the data in accordance with chapter 13. 64.17 (c) The commissioner of children, families, and learning 64.18 must be provided with all requested data that are relevant to a 64.19 report of maltreatment and are in possession of a school 64.20 facility as defined in subdivision 2, paragraph (f), when the 64.21 data is requested pursuant to an assessment or investigation of 64.22 a maltreatment report of a student in a school. If the 64.23 commissioner of children, families, and learning makes a 64.24 determination of maltreatment involving an individual performing 64.25 work within a school facility who is licensed by a board or 64.26 other agency, the commissioner shall provide necessary and 64.27 relevant information to the licensing entity to enable the 64.28 entity to fulfill its statutory duties. Notwithstanding section 64.29 13.03, subdivision 4, data received by a licensing entity under 64.30 this paragraph are governed by section 13.41 or other applicable 64.31 law governing data of the receiving entity, except that this 64.32 section applies to the classification of and access to data on 64.33 the reporter of the maltreatment. 64.34 (d) The investigating agency shall exchange not public data 64.35 with the child maltreatment review panel under section 256.022 64.36 if the data are pertinent and necessary for a review requested 65.1 under section 256.022. Upon completion of the review, the not 65.2 public data received by the review panel must be returned to the 65.3 investigating agency. 65.4 Sec. 99. Laws 1995, chapter 220, section 141, is amended 65.5 to read: 65.6 Sec. 141. [REPEALER.] 65.7 (a) Minnesota Statutes 1994, sections 97B.301, subdivision 65.8 5; 115B.26, subdivision 1; 239.791, subdivisions 4, 5, 6, and 9; 65.9 325E.0951, subdivision 5; and Laws 1993, chapter 172, section 65.10 10, are repealed. 65.11 (b)Sections 78 to 87 are repealed.65.12(c)Minnesota Statutes 1994, sections 28A.08, subdivision 65.13 2; and 446A.071, subdivision 7, are repealed. 65.14(d)(c) Minnesota Statutes 1994, sections 41A.09, 65.15 subdivisions 2, 3, and 5; 97A.531, subdivisions 2, 3, 4, 5, and 65.16 6; and 296.02, subdivision 7, are repealed. 65.17 Sec. 100. Laws 1995, chapter 220, section 142, as amended 65.18 by Laws 1995, chapter 263, section 12, Laws 1996, chapter 351, 65.19 section 1, Laws 1999, chapter 231, section 191, and Laws 2001, 65.20 First Special Session chapter 2, section 151, is amended to read: 65.21 Sec. 142. [EFFECTIVE DATES.] 65.22 Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117, 65.23 and 141, paragraph (d), are effective the day following final 65.24 enactment. 65.25 Sections 114, 115, 118, and 121 are effective January 1, 65.26 1996. 65.27 Sections 120, subdivisions 2, 3, 4, and 5, and 141, 65.28 paragraph (c), are effective July 1, 1996. 65.29Section 141, paragraph (b), is effective June 30, 2007.65.30 Sections 58 and 66 are effective retroactively to August 1, 65.31 1991. 65.32 Section 119 is effective September 1, 1996. 65.33 Section 120, subdivision 1, is effective July 1, 1999. 65.34 Sec. 101. Laws 2000, chapter 399, article 1, section 139, 65.35 is amended to read: 65.36 Sec. 139. [SATELLITE OFFICES; RULEMAKING.] 66.1 The secretary of state shall adopt rules governing the 66.2 establishment and operation of satellite offices under Minnesota 66.3 Statutes, sections 336.9-527 to 336.9-530, by July 1, 2000. The 66.4 rules are exempt from the rulemaking provisions of Minnesota 66.5 Statutes, chapter 14, but must be adopted under Minnesota 66.6 Statutes, section 14.386. Notwithstanding Minnesota Statutes, 66.7 section 14.386, paragraph (b), the rules remain in effect until 66.8 July 1, 2003. 66.9 The secretary of state may also adopt expedited rules 66.10 governing the establishment and operation of the central filing 66.11 system under Minnesota Statutes, sections 336.9-501 to336.9-53066.12 336.9-531 and 336.9-701 to 336.9-709, pursuant to section 14.389. 66.13 The authority to adopt rules under this section expires on 66.14 July 1, 2003. The expiration of this authority does not affect 66.15 the validity of the rules adopted under it. 66.16 This section is effective the day following final enactment. 66.17 Sec. 102. Laws 2001, chapter 171, section 12, is amended 66.18 to read: 66.19 Sec. 12. [TRANSFER OF ENFORCEMENT AUTHORITY.] 66.20 (a) The terms used in this section have the meanings given 66.21 in Minnesota Statutes, section 149A.02. 66.22 (b) Except as otherwise provided in statute, enforcement 66.23 authority for Minnesota Statutes, sections 149A.70, 149A.71, 66.24 149A.72, 149A.73, 149A.74, 149A.745, 149A.75, and 149A.97, may 66.25 be exercised for provisions related to insurance policies 66.26 purchased by a preneed consumer to arrange for funeral goods, 66.27 funeral services, burial site goods, or burial services,66.28enforcement authority may be exercisedby the commissioner of 66.29 commerce. 66.30 (c) The commissioner of health retains enforcement 66.31 authority for provisions of Minnesota Statutes, chapter 149A, 66.32 related to funeral providers that are required to be licensed, 66.33 registered, or issued a permit under that chapter. 66.34 Sec. 103. Laws 1997, chapter 202, article 2, section 61, 66.35 as amended by Laws 1999, chapter 250, article 1, section 106, 66.36 and Laws 2001, First Special Session chapter 10, article 2, 67.1 section 85, is amended to read: 67.2 Sec. 61. [VOLUNTARY UNPAID LEAVE OF ABSENCE.] 67.3 Appointing authorities in state government may allow each 67.4 employee to take an unpaid leave of absence for up to 160 hours 67.5 during the period ending June 30, 2003, and up to 160 hours 67.6 during the period ending June 30, 2005. Each appointing 67.7 authority approving such a leave shall allow the employee to 67.8 continue accruing vacation and sick leave, be eligible for paid 67.9 holidays and insurance benefits, accrue seniority, and accrue 67.10 service credit in state retirement plans permitting service 67.11 credits for authorized leaves of absence as if the employee had 67.12 actually been employed during the time of the leave. If the 67.13 leave of absence is for one full pay period or longer, any 67.14 holiday pay shall be included in the first payroll warrant after 67.15 return from the leave of absence. The appointing authority 67.16 shall attempt to grant requests for unpaid leaves of absence 67.17 consistent with the need to continue efficient operation of the 67.18 agency. However, each appointing authority shall retain 67.19 discretion to grant or refuse to grant requests for leaves of 67.20 absence and to schedule and cancel leaves, subject to applicable 67.21 provisions of collective bargaining agreements and compensation 67.22 plans. 67.23 Sec. 104. [REENACTMENT.] 67.24 2001 First Special Session Senate File No. 4, as passed by 67.25 the senate and the house of representatives on Friday, June 29, 67.26 2001, and subsequently published as Laws 2001, First Special 67.27 Session chapter 9, is reenacted. Its provisions are effective 67.28 on the dates originally provided in the bill. 67.29 Sec. 105. [REPEALER.] 67.30 (a) Minnesota Statutes 2001 Supplement, section 16A.1286, 67.31 subdivisions 4 and 5, are repealed. 67.32 (b) Minnesota Statutes 2000, section 116.19, is repealed. 67.33 (c) Minnesota Statutes 2000, section 221.0315, is repealed. 67.34 (d) Minnesota Statutes 2000, section 437.11, is repealed. 67.35 (e) Minnesota Statutes 2000, section 462A.072, is repealed. 67.36 (f) Minnesota Statutes 2000, section 557.11, is repealed. 68.1 (g) Laws 1997, chapter 85, article 4, section 28, is 68.2 repealed. 68.3 (h) Laws 1999, chapter 159, section 79, is repealed. 68.4 (i) Laws 1999, chapter 231, section 180, is repealed. 68.5 (j) Laws 2001, chapter 161, section 4, is repealed. 68.6 (k) Laws 2001, chapter 162, section 4, is repealed. 68.7 (l) Laws 2001, First Special Session chapter 2, section 68.8 103, is repealed. 68.9 (m) Laws 2001, First Special Session chapter 8, article 7, 68.10 section 1, is repealed. 68.11 (n) Minnesota Rules, part 5300.0360, is repealed. 68.12 ARTICLE 2 68.13 CONFORMING AMENDMENTS 68.14 HARMFUL SUBSTANCE COMPENSATION BOARD TRANSFER 68.15 Section 1. Minnesota Statutes 2000, section 13.741, 68.16 subdivision 1, is amended to read: 68.17 Subdivision 1. [HARMFUL SUBSTANCE COMPENSATIONBOARD68.18 DATA.] The following data on individuals filing claims for 68.19 compensation with theharmful substance compensation board68.20 pollution control agency for injury from harmful substances are 68.21 classified as confidential while the claim is being investigated 68.22 and private after a decision is made by theboardagency about 68.23 the claim: the name, address, and all other information that 68.24 may identify an individual filing a claim; all medical data 68.25 provided to theboardagency by the claimant or providers of 68.26 health care to the claimant, including reports of physical 68.27 examinations, mental health treatment, hospital care, physical 68.28 therapy, laboratory testing, X-ray studies, and prescriptions; 68.29 and all financial data provided to theboardagency by the 68.30 claimant or the claimant's employer, insurance carrier, or other 68.31 provider of benefits, including state or federal tax forms, W-2 68.32 forms, salary records, records of insurance payments, 68.33 unemployment or disability benefits. 68.34 Sec. 2. Minnesota Statutes 2000, section 13.7411, 68.35 subdivision 5, is amended to read: 68.36 Subd. 5. [ENVIRONMENTAL RESPONSE AND LIABILITY.] (a) 69.1 [RESPONSIBLE PERSONS.] Certain data obtained by the pollution 69.2 control agency from a person who may be responsible for a 69.3 release are classified in section 115B.17, subdivision 5. 69.4 (b) [HAZARDOUS WASTE GENERATORS.] Data exchanged between 69.5 the pollution control agency and the department of revenue under 69.6 sections 115B.24 and 116.075, subdivision 2, are classified 69.7 under section 115B.24, subdivision 5. 69.8 (c) [HARMFUL SUBSTANCE COMPENSATIONBOARD.] Access to data 69.9 collected and maintainedby thein connection with harmful 69.10 substance compensationboardreimbursement is governed by 69.11 sections 115B.28, subdivision 2; and 115B.35, subdivision 2. 69.12 (d) [DRYCLEANERS ENVIRONMENTAL ACCOUNT.] Disclosure of data 69.13 collected under section 115B.49, subdivision 4, is governed by 69.14 chapter 270B. 69.15 Sec. 3. Minnesota Statutes 2000, section 115B.25, 69.16 subdivision 2, is amended to read: 69.17 Subd. 2. [BOARDAGENCY.] "BoardAgency" means 69.18 theharmful substance compensation board established in section69.19115B.27pollution control agency. 69.20 Sec. 4. Minnesota Statutes 2000, section 115B.26, is 69.21 amended to read: 69.22 115B.26 [HARMFUL SUBSTANCE COMPENSATIONENVIRONMENTAL 69.23 RESPONSE, COMPENSATION, AND COMPLIANCE ACCOUNT.] 69.24 Subd. 2. [APPROPRIATION.] The amount necessary to pay 69.25 claims of compensation granted by the agency under sections 69.26 115B.25 to 115B.37 is appropriated to the agency from the 69.27 account. 69.28 Subd. 3. [PAYMENT OF CLAIMS WHEN ACCOUNT INSUFFICIENT.] If 69.29 the amount of the claims granted exceeds the amount in the 69.30 account, theboardagency shall request a transfer from the 69.31 general contingent account to theharmful substance compensation69.32 environmental response, compensation, and compliance account as 69.33 provided in section 3.30. If no transfer is approved, theboard69.34 agency shall pay the claims which have been granted in the order 69.35 granted only to the extent of the money remaining in the 69.36 account. Theboardagency shall pay the remaining claims which 70.1 have been granted after additional money is credited to the 70.2 account. 70.3 Subd. 4. [ACCOUNT TRANSFER REQUEST.] At the end of each 70.4 fiscal year, theboardagency shall submit a request to the 70.5 petroleum tank release compensation board for transfer to the 70.6harmful substance compensationaccount from the petroleum tank 70.7 release cleanup fund under section 115C.08, subdivision 5, of an 70.8 amount equal to the compensation granted by theboardagency for 70.9 claims related to petroleum releases plus administrative costs 70.10 related to determination of those claims. 70.11 Sec. 5. Minnesota Statutes 2000, section 115B.28, as 70.12 amended by Laws 1999, chapter 227, section 22, is amended to 70.13 read: 70.14 115B.28 [POWERS AND DUTIES OF THEBOARDAGENCY.] 70.15 Subdivision 1. [DUTIES.] In addition to performing duties 70.16 specified in sections 115B.25 to 115B.37 or in other law, and 70.17 subject to the limitations on disclosure contained in section 70.18 115B.35, theboardagency shall: 70.19 (1) adopt rulesas soon as practicable after all members70.20are appointed, including rules governing practice and procedure 70.21 before theboardagency, the form and procedure for applications 70.22 for compensation, and procedures for claims investigations; 70.23 (2) publicize the availability of compensation and 70.24 application procedures on a statewide basis with special 70.25 emphasis on geographical areas surrounding sites identified by 70.26 thepollution controlagency as having releases from a facility 70.27 where a harmful substance was placed or came to be located prior 70.28 to July 1, 1983; 70.29 (3) collect, analyze, and make available to the public, in 70.30 consultation with the department of health, the pollution 70.31 control agency, the University of Minnesota medical and public 70.32 health schools, and the medical community, data regarding 70.33 injuries relating to exposure to harmful substances; and 70.34 (4) prepare and transmit by December 31 of each year to the 70.35 governor and the legislature an annual report to include (a) a 70.36 summary ofboardagency activity under clause (3); (b) data 71.1 determined by theboardagency from actual cases, including but 71.2 not limited to number of cases, actual compensation received by 71.3 each claimant, types of cases, and types of injuries 71.4 compensated, as they relate to types of harmful substances as 71.5 well as length of exposure, but excluding identification of the 71.6 claimants; (c) all administrative costs associated with the 71.7 business of theboardagency; and (d)boardagency 71.8 recommendations for legislative changes, further study, or any 71.9 other recommendation aimed at improving the system of 71.10 compensation. 71.11 Subd. 2. [POWERS.] In addition to exercising any powers 71.12 specified in sections 115B.25 to 115B.37 or in other law, 71.13 theboardagency may: 71.14 (1) in reviewing a claim, consider any information relevant 71.15 to the claim, in accordance with the evidentiary standards 71.16 contained in section 115B.35; 71.17 (2) contract for consultant or other services necessary to 71.18 carry out theboard'sagency's duties under sections 115B.25 to 71.19 115B.37; 71.20 (3) grant reasonable partial compensation on an emergency 71.21 basis pending the final decision on a claim if the claim is one 71.22 with respect to which an award will probably be made and undue 71.23 hardship will result to the claimant if immediate payment is not 71.24 made; 71.25 (4) limit access to information collected and maintained by 71.26 theboardagency and take any other action necessary to protect 71.27 not public data as defined in section 13.02, subdivision 8a, and 71.28 protected information, in accordance with the limitations 71.29 contained in section 115B.35. 71.30 Subd. 3. [INVESTIGATION; OBTAINING INFORMATION.] Theboard71.31 agency may investigate any claim for compensation and for this 71.32 purpose it may require from the claimant and request from any 71.33 person information regarding any matter, fact, or circumstance 71.34 which is relevant to determination of a claim under section 71.35 115B.33. In exercising its powers under this subdivision, 71.36 theboardagency may collect information reasonably calculated 72.1 to lead to the discovery of evidence admissible under section 72.2 115B.35. Theboardagency shall reimburse the person requested 72.3 to provide information the actual cost of copies of documents, 72.4 papers, samples, or other tangible items necessary to respond to 72.5 the request from theboardagency. In order to obtain this 72.6 information theboardagency, subject to any applicable 72.7 privilege, may: 72.8 (a) request any person to produce documents, papers, books, 72.9 or other tangible things in the possession, custody, or control 72.10 of that person; 72.11 (b) request the sworn testimony of any person as to any 72.12 relevant fact or opinion; 72.13 (c) direct written questions to any person and request 72.14 written answers and objections; 72.15 (d) request a mental or physical examination of the 72.16 claimant or autopsy of any deceased person whose death is the 72.17 basis of the claim, provided that notice is given to the 72.18 claimant and the claimant receives a copy of the report; and 72.19 (e) request a waiver of medical privilege by the claimant. 72.20 Theboardagency shall give written notice of any request 72.21 under this subdivision at least 15 days before the person is 72.22 expected to comply with the request. If a person fails or 72.23 refuses to comply with a request for information relevant to the 72.24 release of a harmful substance, theboardagency may issue a 72.25 subpoena for the production of the information and may petition 72.26 the district court for an order enforcing the subpoena. If a 72.27 person fails or refuses to comply with a request for other 72.28 information relevant to determination of the claim, theboard72.29 agency may petition the district court for an order to compel 72.30 compliance with the request. If the claimant refuses to comply 72.31 with a request by theboardagency for information relevant to 72.32 the claim, theboardagency may dismiss the claim. 72.33 Subd. 4. [ADMINISTRATIVE PERSONNEL AND SERVICES72.34 INFORMATION FROM STATE AGENCIES.]The board may appoint an72.35executive director who is not a member of the board. The72.36executive director is in the unclassified service. The73.1commissioner of health shall provide staff assistance,73.2administrative services, and office space under a contract with73.3the board. The board shall reimburse the commissioner for the73.4staff, services, and space provided.In order to perform its 73.5 duties, theboardagency may request information from the 73.6 supervising officer of any state agency or state institution of 73.7 higher education. When requesting health data as defined in 73.8 section 13.3805, subdivision 1, or sections 144.671 to 144.69, 73.9 theboardagency must submit a written release signed by the 73.10 subject of the data or, if the subject is deceased, a 73.11 representative of the deceased, authorizing release of the data 73.12 in whole or in part. The supervising officer shall comply with 73.13 theboard'sagency's request to the extent possible considering 73.14 available agency or institution appropriations and may assign 73.15 agency or institution employees to assist theboardagency in 73.16 performing its duties under sections 115B.25 to 115B.37. 73.17 Sec. 6. Minnesota Statutes 2000, section 115B.29, 73.18 subdivision 1, is amended to read: 73.19 Subdivision 1. [PERSONAL INJURY AND CERTAIN PROPERTY 73.20 CLAIMS.] A person may file a claim with theboardagency 73.21 pursuant to this section for compensation for an eligible 73.22 injury, or for eligible property damage that could reasonably 73.23 have resulted from an exposure in Minnesota to a harmful 73.24 substance released from a facility. 73.25 Sec. 7. Minnesota Statutes 2000, section 115B.30, 73.26 subdivision 3, is amended to read: 73.27 Subd. 3. [TIME FOR FILING CLAIM.] (a) A claim is not 73.28 eligible for compensation from the account unless it is filed 73.29 with theboardagency within the time provided in this 73.30 subdivision. 73.31 (b) A claim for compensation for personal injury must be 73.32 filed within two years after the injury and its connection to 73.33 exposure to a harmful substance was or reasonably should have 73.34 been discovered. 73.35 (c) A claim for compensation for property damage must be 73.36 filed within two years after the full amount of compensable 74.1 losses can be determined. 74.2 (d) Notwithstanding the provisions of this subdivision, 74.3 claims for compensation that would otherwise be barred by any 74.4 statute of limitations provided in sections 115B.25 to 115B.37 74.5 may be filed not later than January 1, 1992. 74.6 Sec. 8. Minnesota Statutes 2000, section 115B.31, 74.7 subdivision 1, is amended to read: 74.8 Subdivision 1. [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN 74.9 CERTAIN CASES.] (a) A person who has settled a claim for an 74.10 eligible injury or eligible property damage with a responsible 74.11 person, either before or after bringing an action in court for 74.12 that injury or damage, may not file a claim with the account for 74.13 the same injury or damage. A person who has received a 74.14 favorable judgment in a court action for an eligible injury or 74.15 eligible property damage may not file a claim with the account 74.16 for the same injury or damage, unless the judgment cannot be 74.17 satisfied in whole or in part against the persons responsible 74.18 for the release of the harmful substance. A person who has 74.19 filed a claim with theboardagency or its predecessor, the 74.20 harmful substance compensation board, may not file another claim 74.21 with theboardagency for the same eligible injury or damage, 74.22 unless the claim was inactivated by the agency or board as 74.23 provided in section 115B.32, subdivision 1. 74.24 (b) A person who has filed a claim with the agency or board 74.25 for an eligible injury or damage, and who has received and 74.26 accepted an award from the agency or board, is precluded from 74.27 bringing an action in court for the same eligible injury or 74.28 damage. 74.29 (c) A person who files a claim with theboardagency for 74.30 personal injury or property damage must include all known claims 74.31 eligible for compensation in one proceeding before theboard74.32 agency. 74.33 Sec. 9. Minnesota Statutes 2000, section 115B.31, 74.34 subdivision 2, is amended to read: 74.35 Subd. 2. [USE OF PROTECTED INFORMATION ANDBOARDAGENCY 74.36 FINDINGS.] The findings and decision of theboardagency are 75.1 inadmissible in any court action. Protected information may not 75.2 be used in any court action except to the extent that the 75.3 information is otherwise available to a party or discovered 75.4 under the applicable rules of civil or criminal procedure. 75.5 Sec. 10. Minnesota Statutes 2000, section 115B.31, 75.6 subdivision 4, is amended to read: 75.7 Subd. 4. [SIMULTANEOUS CLAIM AND COURT ACTION PROHIBITED.] 75.8 A claimant may not commence a court action to recover for any 75.9 injury or damage for which the claimant seeks compensation from 75.10 the account during the time that a claim is pending before 75.11 theboardagency. A person may not file a claim with theboard75.12 agency for compensation for any injury or damage for which the 75.13 claimant seeks to recover in a pending court action. The time 75.14 for filing a claim under section 115B.30 or the statute of 75.15 limitations for any civil action is suspended during the period 75.16 of time that a claimant is precluded from filing a claim or 75.17 commencing an action under this subdivision. 75.18 Sec. 11. Minnesota Statutes 2000, section 115B.32, is 75.19 amended to read: 75.20 115B.32 [CLAIM FOR COMPENSATION.] 75.21 Subdivision 1. [FORM.] A claim for compensation from the 75.22 account must be filed with theboardagency in the form required 75.23 by theboardagency. When a claim does not include all the 75.24 information required by subdivision 2 and applicableboard75.25 agency rules, theboardagency staff shall notify the claimant 75.26 of the absence of the required information within 14 days of the 75.27 filing of the claim. All required information must be received 75.28 by theboardagency not later than 60 days after the claimant 75.29 received notice of its absence or the claim will be inactivated 75.30 and may not be resubmitted for at least one year following the 75.31 date of inactivation. Theboardagency may decide not to 75.32 inactivate a claim under this subdivision if it finds serious 75.33 extenuating circumstances. 75.34 Subd. 2. [REQUIRED INFORMATION.] A claimant must provide 75.35 the following information as part of the claim, provided that 75.36 nothing inLaws 1985, First Special Sessionthis chapter8,76.1 shall be construed to require the claimant to initiate a court 76.2 action before filing a claim: 76.3 (1) a sworn verification by the claimant of the facts set 76.4 forth in the claim to the best of the claimant's knowledge; 76.5 (2) evidence that the claimant is an eligible person; 76.6 (3) evidence of the claimant's exposure to a named harmful 76.7 substance; 76.8 (4) evidence that the claimant's exposure to the substance 76.9 in the amount and duration experienced by the claimant could 76.10 reasonably have been caused or significantly contributed to by 76.11 the release of a harmful substance from a facility where the 76.12 substance was placed or came to be located, to the extent the 76.13 information is available to the claimant; 76.14 (5) evidence that the exposure experienced by the claimant 76.15 can cause or can significantly contribute to the injury suffered 76.16 by the claimant; 76.17 (6) evidence of the injury eligible for compensation 76.18 suffered by the claimant and the compensable losses resulting 76.19 from the injury; 76.20 (7) evidence of any property damage eligible for 76.21 compensation and the amount of compensable losses resulting from 76.22 the damage; 76.23 (8) information regarding any collateral sources of 76.24 compensation; and 76.25 (9) other information required by the rules of theboard76.26 agency. 76.27 Subd. 3. [DEATH CLAIMS.] In any case in which death is 76.28 claimed as a compensable injury, the claim may be brought on 76.29 behalf of the claimant by the claimant's estate for compensable 76.30 medical expenses and by the claimant's trustee for death 76.31 benefits for the claimant's dependents as defined in section 76.32 176.111. 76.33 Sec. 12. Minnesota Statutes 2000, section 115B.33, is 76.34 amended to read: 76.35 115B.33 [DETERMINATION OF CLAIM.] 76.36 Subdivision 1. [STANDARD FOR PERSONAL INJURY.] The 77.1boardagency shall grant compensation to a claimant who shows 77.2 that it is more likely than not that: 77.3 (1) the claimant suffers a medically verified injury that 77.4 is eligible for compensation from the account and that has 77.5 resulted in a compensable loss; 77.6 (2) the claimant has been exposed to a harmful substance; 77.7 (3) the release of the harmful substance from a facility 77.8 where the substance was placed or came to be located could 77.9 reasonably have resulted in the claimant's exposure to the 77.10 substance in the amount and duration experienced by the 77.11 claimant; and 77.12 (4) the injury suffered by the claimant can be caused or 77.13 significantly contributed to by exposure to the harmful 77.14 substance in an amount and duration experienced by the claimant. 77.15 Subd. 2. [STANDARD FOR PROPERTY DAMAGE.] Theboardagency 77.16 shall grant compensation to a claimant who shows that it is more 77.17 likely than not that: 77.18 (1) the claimant has suffered property damage that is 77.19 eligible for compensation and that has resulted in compensable 77.20 loss; and 77.21 (2) the presence of the harmful substance in or on the 77.22 property could reasonably have resulted from the release of the 77.23 harmful substance from a facility where the substance was placed 77.24 or came to be located. 77.25 Sec. 13. Minnesota Statutes 2000, section 115B.34, is 77.26 amended to read: 77.27 115B.34 [COMPENSABLE LOSSES.] 77.28 Subdivision 1. [PERSONAL INJURY LOSSES.] Losses 77.29 compensable by the account for personal injury are limited to: 77.30 (1) medical expenses directly related to the claimant's 77.31 injury; 77.32 (2) up to two-thirds of the claimant's lost wages not to 77.33 exceed $2,000 per month or $24,000 per year; 77.34 (3) up to two-thirds of a self-employed claimant's lost 77.35 income, not to exceed $2,000 per month or $24,000 per year; 77.36 (4) death benefits to dependents which theboardagency 78.1 shall define by rule subject to the following conditions: 78.2 (i) the rule adopted by theboardagency must establish a 78.3 schedule of benefits similar to that established by section 78.4 176.111 and must not provide for the payment of benefits to 78.5 dependents other than those dependents defined in section 78.6 176.111; 78.7 (ii) the total benefits paid to all dependents of a 78.8 claimant must not exceed $2,000 per month; 78.9 (iii) benefits paid to a spouse and all dependents other 78.10 than children must not continue for a period longer than ten 78.11 years; 78.12 (iv) payment of benefits is subject to the limitations of 78.13 section 115B.36; and 78.14 (5) the value of household labor lost due to the claimant's 78.15 injury or disease, which must be determined in accordance with a 78.16 schedule established by the board by rule, not to exceed $2,000 78.17 per month or $24,000 per year. 78.18 Subd. 2. [PROPERTY DAMAGE LOSSES.] (a) Losses compensable 78.19 by the account for property damage are limited to the following 78.20 losses caused by damage to the principal residence of the 78.21 claimant: 78.22 (1) the reasonable cost of replacing or decontaminating the 78.23 primary source of drinking water for the property not to exceed 78.24 the amount actually expended by the claimant or assessed by a 78.25 local taxing authority, if the department of health has 78.26 confirmed that the remedy provides safe drinking water and 78.27 advised that the water not be used for drinking or determined 78.28 that the replacement or decontamination of the source of 78.29 drinking water was necessary, up to a maximum of $25,000; 78.30 (2) losses incurred as a result of a bona fide sale of the 78.31 property at less than the appraised market value under 78.32 circumstances that constitute a hardship to the owner, limited 78.33 to 75 percent of the difference between the appraised market 78.34 value and the selling price, but not to exceed $25,000; and 78.35 (3) losses incurred as a result of the inability of an 78.36 owner in hardship circumstances to sell the property due to the 79.1 presence of harmful substances, limited to the increase in costs 79.2 associated with the need to maintain two residences, but not to 79.3 exceed $25,000. 79.4 (b) In computation of the loss under paragraph (a), clause 79.5 (3), theboardagency shall offset the loss by the amount of any 79.6 income received by the claimant from the rental of the property. 79.7 (c) For purposes of paragraph (a), the following 79.8 definitions apply: 79.9 (1) "appraised market value" means an appraisal of the 79.10 market value of the property disregarding any decrease in value 79.11 caused by the presence of a harmful substance in or on the 79.12 property; and 79.13 (2) "hardship" means an urgent need to sell the property 79.14 based on a special circumstance of the owner including 79.15 catastrophic medical expenses, inability of the owner to 79.16 physically maintain the property due to a physical or mental 79.17 condition, and change of employment of the owner or other member 79.18 of the owner's household requiring the owner to move to a 79.19 different location. 79.20 (d) Appraisals are subject toboardagency approval. The 79.21boardagency may adopt rules governing approval of appraisals, 79.22 criteria for establishing a hardship, and other matters 79.23 necessary to administer this subdivision. 79.24 Sec. 14. Minnesota Statutes 2000, section 115B.35, 79.25 subdivision 2, is amended to read: 79.26 Subd. 2. [TREATMENT OF PROTECTED INFORMATION.] In making a 79.27preliminary orfinal decision under this section, the 79.28boardagency shall examine protected information outside of the 79.29 presence of the claimant, the claimant's attorney, or any other 79.30 person except agency staffto the board. Theboardagency, the 79.31board'sagency's staff, and any other person who obtains access 79.32 to protected information under this section may not reveal 79.33 protected information to any person except as provided in this 79.34 section. 79.35 Sec. 15. Minnesota Statutes 2000, section 115B.35, 79.36 subdivision 3, is amended to read: 80.1 Subd. 3. [EVIDENCE ADMISSIBLE IN CLAIM PROCEEDINGS.] In 80.2 the determination of a claim, theboardagency may admit and 80.3 give probative effect to evidence that possesses probative value 80.4 commonly accepted by reasonable and prudent persons in the 80.5 conduct of their affairs. Theboardagency shall give effect to 80.6 the rules of privilege recognized by law. Theboardagency may 80.7 exclude incompetent, irrelevant, immaterial, and repetitious 80.8 evidence. 80.9 Sec. 16. Minnesota Statutes 2000, section 115B.35, 80.10 subdivision 4, is amended to read: 80.11 Subd. 4. [PRELIMINARY DECISION.] Theboard member to whom80.12the claim is assignedagency shall review all materials filed in 80.13 support of the claim and may cause an investigation to be 80.14 conducted into the validity of the claim. Theboard member80.15 agency may make a preliminary decision on the basis of the 80.16 papers filed in support of the claim and the report of any 80.17 investigation of it. The decision must be in writing and include 80.18 the reasons for the decision, subject to the limitations on 80.19 disclosure of protected information. 80.20 Sec. 17. Minnesota Statutes 2000, section 115B.35, 80.21 subdivision 8, is amended to read: 80.22 Subd. 8. [APPEAL.] A final decision of theboardagency 80.23 made under this section is conclusive on all matters decided. 80.24 There is no right to judicial review of a final decision of the 80.25boardagency. 80.26 Sec. 18. Minnesota Statutes 2000, section 115B.35, 80.27 subdivision 9, is amended to read: 80.28 Subd. 9. [REMEDIES AND PENALTIES.]A boardAn agency 80.29 member,boardagency staff person, or other person who reveals 80.30 protected information in violation of this section is subject to 80.31 the civil remedies contained in section 13.08 and the penalties 80.32 in section 13.09. 80.33 Sec. 19. Minnesota Statutes 2000, section 115B.36, is 80.34 amended to read: 80.35 115B.36 [AMOUNT AND FORM OF PAYMENT.] 80.36 If theboardagency decides to grant compensation, it shall 81.1 determine the net uncompensated loss payable to the claimant by 81.2 computing the total amount of compensable losses payable to the 81.3 claimant and subtracting the total amount of any compensation 81.4 received by the claimant for the same injury or damage from 81.5 other sources including, but not limited to, all forms of 81.6 insurance and social security and any emergency award made by 81.7 theboardagency. Theboardagency shall pay compensation in 81.8 the amount of the net uncompensated loss, provided that no 81.9 claimant may receive more than $250,000. In the case of a 81.10 death, the total amount paid to all persons on behalf of the 81.11 claimant may not exceed $250,000. 81.12 Compensation from the account may be awarded in a lump sum 81.13 or in installments at the discretion of theboardagency. 81.14 Sec. 20. Minnesota Statutes 2000, section 115B.37, is 81.15 amended to read: 81.16 115B.37 [ATTORNEY FEES.] 81.17 Theboardagency may by rule limit the fee charged by any 81.18 attorney for representing a claimant before theboardagency. 81.19 Sec. 21. Minnesota Statutes 2000, section 115C.08, 81.20 subdivision 4, is amended to read: 81.21 Subd. 4. [EXPENDITURES.] (a) Money in the fund may only be 81.22 spent: 81.23 (1) to administer the petroleum tank release cleanup 81.24 program established in this chapter; 81.25 (2) for agency administrative costs under sections 116.46 81.26 to 116.50, sections 115C.03 to 115C.06, and costs of corrective 81.27 action taken by the agency under section 115C.03, including 81.28 investigations; 81.29 (3) for costs of recovering expenses of corrective actions 81.30 under section 115C.04; 81.31 (4) for training, certification, and rulemaking under 81.32 sections 116.46 to 116.50; 81.33 (5) for agency administrative costs of enforcing rules 81.34 governing the construction, installation, operation, and closure 81.35 of aboveground and underground petroleum storage tanks; 81.36 (6) for reimbursement of theharmful substance compensation82.1 environmental response, compensation, and compliance account 82.2 under subdivision 5 and section 115B.26, subdivision 4; 82.3 (7) for administrative and staff costs as set by the board 82.4 to administer the petroleum tank release program established in 82.5 this chapter; 82.6 (8) for corrective action performance audits under section 82.7 115C.093; and 82.8 (9) for contamination cleanup grants, as provided in 82.9 paragraph (c). 82.10 (b) Except as provided in paragraph (c), money in the fund 82.11 is appropriated to the board to make reimbursements or payments 82.12 under this section. 82.13 (c) $6,200,000 is annually appropriated from the fund to 82.14 the commissioner of trade and economic development for 82.15 contamination cleanup grants under section 116J.554. Of this 82.16 amount, the commissioner may spend up to $120,000 annually for 82.17 administration of the contamination cleanup grant program. The 82.18 appropriation does not cancel and is available until expended. 82.19 The appropriation shall not be withdrawn from the fund nor the 82.20 fund balance reduced until the funds are requested by the 82.21 commissioner of trade and economic development. The 82.22 commissioner shall schedule requests for withdrawals from the 82.23 fund to minimize the necessity to impose the fee authorized by 82.24 subdivision 2. Unless otherwise provided, the appropriation in 82.25 this paragraph may be used for: 82.26 (1) project costs at a qualifying site if a portion of the 82.27 cleanup costs are attributable to petroleum contamination; and 82.28 (2) the costs of performing contamination investigation if 82.29 there is a reasonable basis to suspect the contamination is 82.30 attributable to petroleum. 82.31 Sec. 22. Minnesota Statutes 2000, section 115C.08, 82.32 subdivision 5, is amended to read: 82.33 Subd. 5. [ACCOUNT TRANSFER.] The board shall authorize the 82.34 commissioner of finance to transfer to theharmful substance82.35compensationenvironmental response, compensation, and 82.36 compliance account the amount requested by theharmful substance83.1compensation boardpollution control agency under section 83.2 115B.26, subdivision 4. Transfer of the amount must be made at 83.3 the earliest practical date after authorization by the board. 83.4 If the unencumbered balance in the account is less than 83.5 $2,000,000, the transfer must be made at the earliest practical 83.6 date after the unencumbered balance in the account exceeds that 83.7 amount. 83.8 Sec. 23. [REVISOR INSTRUCTION.] 83.9 The revisor shall make the following changes in Minnesota 83.10 Rules, chapter 7190: substitute "pollution control agency" or 83.11 "agency" for "harmful substance compensation board" or "board" 83.12 where it means the harmful substance compensation board; 83.13 substitute "agency" for "director"; substitute "agency staff" or 83.14 "staff" for "board members" or "member"; and substitute "agency" 83.15 for "board by majority vote." 83.16 Sec. 24. [REPEALER.] 83.17 Minnesota Statutes 2000, sections 115B.27; and 115B.35, 83.18 subdivisions 1, 5, and 6; and Minnesota Rules, parts 7021.0001, 83.19 subparts 2 and 4; 7190.0002; 7190.0003; 7190.0004; 7190.0008, 83.20 subparts 1 and 2; 7190.0015, subparts 1 and 2; 7190.0100, 83.21 subpart 2; and 7190.1000, subpart 1, are repealed.