2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to legislation; correcting erroneous, 1.3 ambiguous, and omitted text and obsolete references; 1.4 eliminating certain redundant, conflicting, and 1.5 superseded provisions; reenacting certain legislation; 1.6 making miscellaneous technical corrections to statutes 1.7 and other laws; amending Minnesota Statutes 2000,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.37, subdivision 3; 119A.46, subdivision 6; 1.24 122A.20, subdivision 1; 123B.61; 123B.62; 125A.76, 1.25 subdivision 5; 126C.10, subdivision 26; 144E.43, 1.26 subdivision 1; 148.71, subdivision 3; 219.98; 221.185, 1.27 subdivision 5a; 222.631, subdivision 1; 260B.171, 1.28 subdivision 5; 270.708, subdivision 1; 270B.15; 1.29 297B.035, subdivision 3; 297I.05, subdivision 12; 1.30 297I.30, subdivisions 1, 5; 299F.11, subdivision 2; 1.31 349.163, subdivision 6; 349A.10, subdivision 5; 1.32 352D.02, subdivision 1; 383C.19; 401.05, subdivision 1.33 3; 437.08; 437.09; 437.10; 458D.02, subdivisions 2, 3; 1.34 458D.23; 469.110, subdivision 2; 469.116, subdivision 1.35 7; 469.118, subdivisions 1, 2, 4; 469.119, subdivision 1.36 1; 469.122; 469.154, subdivision 5; 471.415, 1.37 subdivision 2; 501B.61, as amended; 514.94; 524.2-301; 1.38 524.2-604; 524.2-609; 583.24, subdivision 4; 609.26, 1.39 subdivision 5; 609.341, subdivision 17; Minnesota 1.40 Statutes 2001 Supplement, sections 16A.151, by adding 1.41 a subdivision; 17B.15, subdivision 1; 60K.31, 1.42 subdivision 1; 60K.32; 60K.34, subdivision 1; 60K.39, 1.43 subdivisions 5, 6; 60K.48; 60K.51, subdivision 6; 1.44 60K.52, subdivision 1; 61B.23, subdivision 15; 1.45 119A.22; 126C.10, subdivision 4; 136G.03, subdivision 1.46 20; 144.057, subdivision 4; 169.073; 214.01, 2.1 subdivision 3; 216B.098, subdivision 2; 216B.2424, 2.2 subdivision 5; 216B.2425, subdivision 3; 268.052, 2.3 subdivision 1; 270.07, subdivision 3a; 275.28, 2.4 subdivision 1; 275.70, subdivision 5; 290A.03, 2.5 subdivision 13; 297A.668, subdivision 3; 336.9-334; 2.6 356.62; 376.08, subdivision 2; 501B.60, subdivision 3; 2.7 514.661, subdivision 5; 626.556, subdivision 11; Laws 2.8 1995, chapter 220, sections 141, 142, as amended; Laws 2.9 1997, chapter 202, article 2, section 61, as amended; 2.10 Laws 2000, chapter 399, article 1, section 139; Laws 2.11 2001, chapter 171, section 12; proposing coding for 2.12 new law in Minnesota Statutes, chapter 89A; repealing 2.13 Minnesota Statutes 2000, sections 115B.27; 115B.35, 2.14 subdivisions 1, 5, 6; 116.19; 221.0315; 437.11; 2.15 462A.072; 557.11; Minnesota Statutes 2001 Supplement, 2.16 sections 16A.1286, subdivisions 4, 5; Laws 1997, 2.17 chapter 85, article 4, section 28; Laws 1999, chapter 2.18 159, section 79; Laws 1999, chapter 231, section 180; 2.19 Laws 2001, chapter 161, section 4; Laws 2001, chapter 2.20 162, section 4; Laws 2001, First Special Session 2.21 chapter 2, section 103; Laws 2001, First Special 2.22 Session chapter 8, article 7, section 1; Minnesota 2.23 Rules, parts 5300.0360; 7021.0001, subparts 2, 4; 2.24 7190.0002; 7190.0003; 7190.0004; 7190.0008, subparts 2.25 1, 2; 7190.0015, subparts 1, 2; 7190.0100, subpart 2; 2.26 7190.1000, subpart 1. 2.27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.28 ARTICLE 1 2.29 GENERAL 2.30 Section 1. Minnesota Statutes 2000, section 13.04, 2.31 subdivision 2, is amended to read: 2.32 Subd. 2. [INFORMATION REQUIRED TO BE GIVEN INDIVIDUAL.] An 2.33 individual asked to supply private or confidential data 2.34 concerning the individual shall be informed of: (a) the purpose 2.35 and intended use of the requested data within the collecting 2.36 state agency, political subdivision, or statewide system; (b) 2.37 whether the individual may refuse or is legally required to 2.38 supply the requested data; (c) any known consequence arising 2.39 from supplying or refusing to supply private or confidential 2.40 data; and (d) the identity of other persons or entities 2.41 authorized by state or federal law to receive the data. This 2.42 requirement shall not apply when an individual is asked to 2.43 supply investigative data, pursuant to section 13.82, 2.44 subdivision
57, to a law enforcement officer. 2.45 Sec. 2. Minnesota Statutes 2000, section 13.461, 2.46 subdivision 7, is amended to read: 2.47 Subd. 7. [APPLICATION PROCEDURES.] Tribal licensing agency 2.48 access to criminal history data is governed by section 245A.04, 3.1 subdivision 3, paragraph (h)(u). 3.2 Sec. 3. Minnesota Statutes 2000, section 13.4963, 3.3 subdivision 2, is amended to read: 3.4 Subd. 2. [GENERALLY.] Classification and disclosure of tax 3.5 data created, collected, or maintained by the department of 3.6 revenue under chapter 115B (except taxes imposed under sections 3.7 115B.21 to 115B.24), 289A (except for taxes imposed under 3.8 sections 298.01, 298.015, and 298.24), 290, 290A, 291, or297A, 3.9 or 297H, and sections 295.50 to 295.59 or any similar Indian 3.10 tribal tax administered by the commissioner according to a tax 3.11 agreement between the state and an Indian tribal government are 3.12 governed by chapter 270B. 3.13 Sec. 4. Minnesota Statutes 2000, section 13.4967, 3.14 subdivision 3, is amended to read: 3.15 Subd. 3. [ GROSS EARNINGS TAXESHOSPITAL AND HEALTH CARE 3.16 PROVIDER TAX.] Certain patient data provided to the department 3.17 of revenue under chapter 295sections 295.50 to 295.59 are 3.18 classified under section 295.57, subdivision 2. 3.19 Sec. 5. Minnesota Statutes 2000, section 13D.05, 3.20 subdivision 2, is amended to read: 3.21 Subd. 2. [WHEN MEETING MUST BE CLOSED.] (a) Any portion of 3.22 a meeting must be closed if expressly required by other law or 3.23 if the following types of data are discussed: 3.24 (1) data that would identify alleged victims or reporters 3.25 of criminal sexual conduct, domestic abuse, or maltreatment of 3.26 minors or vulnerable adults; 3.27 (2) active investigative data as defined in section 13.82, 3.28 subdivision 57, or internal affairs data relating to 3.29 allegations of law enforcement personnel misconduct collected or 3.30 created by a state agency, statewide system, or political 3.31 subdivision; or 3.32 (3) educational data, health data, medical data, welfare 3.33 data, or mental health data that are not public data under 3.34 section 13.32, 13.3805, subdivision 1, 13.384, or 13.46, 3.35 subdivision 2 or 7. 3.36 (b) A public body shall close one or more meetings for 4.1 preliminary consideration of allegations or charges against an 4.2 individual subject to its authority. If the members conclude 4.3 that discipline of any nature may be warranted as a result of 4.4 those specific charges or allegations, further meetings or 4.5 hearings relating to those specific charges or allegations held 4.6 after that conclusion is reached must be open. A meeting must 4.7 also be open at the request of the individual who is the subject 4.8 of the meeting. 4.9 Sec. 6. Minnesota Statutes 2000, section 15A.086, is 4.10 amended to read: 4.11 15A.086 [LIMITS ON BONUS PAYMENTS.] 4.12 Notwithstanding any law to the contrary, an employee of the 4.13 state lottery or of a public corporation or nonprofit 4.14 corporation created by law may not receive bonus payments in any 4.15 year that exceed ten percent of the employee's base salary for 4.16 that year. For purposes of this section, bonus payments include 4.17 any combination of merit pay, achievement awards, or any other 4.18 cash payments in addition to base salary, other than severance 4.19 pay or overtime or holiday pay. Groups covered by this section 4.20 include, but are not limited to, the Workers' Compensation 4.21 Reinsurance Association, the Minnesota Insurance Guaranty 4.22 Association, the Fair plan, the Joint Underwriters Association, 4.23 the Minnesota Joint Underwriters Association, the Life and 4.24 Health Guaranty Association, the Minnesota Comprehensive Health 4.25 Association, the Minnesota State High School League, Minnesota 4.26 Technology, Inc., Agricultural Utilization Research Institute, 4.27 Minnesota Project Outreach Corporation, State Fund Mutual4.28 Insurance Company,and the State Agricultural Society. This 4.29 section does not give any entity authority to grant a bonus not 4.30 otherwise authorized by law. 4.31 Sec. 7. Minnesota Statutes 2001 Supplement, section 4.32 16A.151, is amended by adding a subdivision to read: 4.33 Subd. 4. [SUPERSEDE.] This section supersedes section 4.34 8.31, subdivision 2c. 4.35 Sec. 8. Minnesota Statutes 2000, section 16D.11, 4.36 subdivision 6, is amended to read: 5.1 Subd. 6. [CHARGE TO REFERRING AGENCY.] If collection costs 5.2 are canceled under subdivision 3, an amount equal to the penalty5.3 costs is retained by the commissioner from the debt collected, 5.4 and is accounted for and subject to the same provisions of this 5.5 chapter as if the penaltycosts had been collected from the 5.6 debtor. 5.7 Sec. 9. Minnesota Statutes 2000, section 17A.04, 5.8 subdivision 1, is amended to read: 5.9 Subdivision 1. [LICENSING PROVISIONS.] Licenses shall be 5.10 issued to livestock market agencies and public stockyards 5.11 annually and shall expire on December 31 each year, renewable 5.12 annually thereafter. A separate license must be obtained for 5.13 each separate geographical location even though operated under 5.14 the same management or same person, partnership, firm, 5.15 corporation, or livestock market. The license issued to a 5.16 livestock market agency and public stockyard shall be 5.17 conspicuously posted at the licensee's place of business. 5.18 Licenses shall be required for livestock dealers and their 5.19 agents for the period beginning July 1 each year and ending June 5.20 30. The license issued to a livestock dealer or the agent of a 5.21 livestock dealer shall be carried by the person so licensed. 5.22 The livestock dealer shall be responsible for the acts of the 5.23 dealer's agents. Licensed livestock market agencies, public 5.24 stockyards, and livestock dealers shall be responsible for the 5.25 faithful performance of duty of the public livestock weighers at 5.26 their places of business. The license issued to a livestock 5.27 market agency, public stockyard or livestock dealer or agent of 5.28 a livestock dealer is not transferable. The operation of 5.29 livestock market agencies, livestock dealers, agents and packers 5.30 at a public stockyard are exempt from sections 17A.01 5.31 to 17A.091,17A.09 and 17A.12 to 17A.17. 5.32 Sec. 10. Minnesota Statutes 2001 Supplement, section 5.33 17B.15, subdivision 1, is amended to read: 5.34 Subdivision 1. [ADMINISTRATION; APPROPRIATION.] The fees 5.35 for inspection and weighing shall be fixed by the commissioner 5.36 and be a lien upon the grain. The commissioner shall set fees 6.1 for all inspection and weighing in an amount adequate to pay the 6.2 expenses of carrying out and enforcing the purposes of sections 6.3 17B.01 to 17B.22, including the portion of general support costs 6.4 and statewide indirect costs of the agency attributable to that 6.5 function, with a reserve sufficient for up to six months. The 6.6 commissioner shall review the fee schedule twice each year. Fee 6.7 adjustments are not subject to chapter 14. Payment shall be 6.8 required for services rendered. 6.9 All fees collected and all fines and penalties for 6.10 violation of any provision of this chapter shall be deposited in 6.11 the grain inspection and weighing account, which is created in 6.12 the agricultural fund for carrying out the purpose of sections 6.13 17B.01 to 17B.2317B.22. The money in the account, including 6.14 interest earned on the account, is annually appropriated to the 6.15 commissioner of agriculture to administer the provisions of 6.16 sections 17B.01 to 17B.2317B.22. When money from any other 6.17 account is used to administer sections 17B.01 to 17B.2317B.22, 6.18 the commissioner shall notify the chairs of the agriculture, 6.19 environment and natural resources finance, and ways and means 6.20 committees of the house of representatives; the agriculture and 6.21 rural development and finance committees of the senate; and the 6.22 finance division of the environment and natural resources 6.23 committee of the senate. 6.24 Sec. 11. Minnesota Statutes 2000, section 31.51, 6.25 subdivision 3, is amended to read: 6.26 Subd. 3. [RETAIL MEAT MARKET; WHOLESALE MEAT PROCESSING 6.27 ESTABLISHMENT.] "Retail meat market" or "wholesale meat 6.28 processing establishment" means an establishment with or without 6.29 slaughtering facilities, where animal carcasses or edible 6.30 products derived therefrom are cured, salted, processed, 6.31 packaged, or otherwise prepared for sale as food intended for 6.32 human consumption; provided, however, that retail meat market or 6.33 wholesale meat processing establishment does not include: (1) a 6.34 purveyor of meals, or (2) a frozen food processing plant 6.35 licensed under section 31.185 andin which no slaughtering 6.36 operations are conducted. 7.1 Sec. 12. Minnesota Statutes 2000, section 32.073, is 7.2 amended to read: 7.3 32.073 [LICENSES; EXAMINATIONS, QUALIFICATIONS.] 7.4 A grading and testing license shall be issued by the 7.5 commissioner to a person making application therefor, after the 7.6 commissioner has determined that the applicant is competent and 7.7 qualified to grade and test milk and cream, and that the 7.8 applicant understands and is familiar with the provisions of 7.9 sections 32.01 to 32.53232.486. Any conviction for violating 7.10 sections 32.01 to 32.53232.486 or the standards, grades, and 7.11 rules adopted by the commissioner shall be taken into 7.12 consideration in determining whether or not the applicant is 7.13 competent and qualified. 7.14 Sec. 13. Minnesota Statutes 2000, section 41A.09, 7.15 subdivision 8, is amended to read: 7.16 Subd. 8. [PROMOTIONAL AND EDUCATIONAL MATERIALS; 7.17 DESCRIPTION OF MULTIPLE SOURCES OF ETHANOL REQUIRED.] 7.18 Promotional or educational efforts related to ethanol that are 7.19 financed wholly or partially with state funds and that promote 7.20 or identify a particular crop or commodity used to produce 7.21 ethanol must also include a description of the other potential 7.22 sources of ethanol listed in subdivision 22a. 7.23 Sec. 14. Minnesota Statutes 2000, section 41B.045, 7.24 subdivision 2, is amended to read: 7.25 Subd. 2. [LOAN PARTICIPATION.] The authority may 7.26 participate in a livestock expansion loan with an eligible 7.27 lender to a livestock farmer who meets the requirements of 7.28 section 41B.03, subdivision 1, clauses (1) and (2), and who are 7.29 actively engaged in a livestock operation. A prospective 7.30 borrower must have a total net worth, including assets and 7.31 liabilities of the borrower's spouse and dependents, of less 7.32 than $400,000 in 1999 and an amount in subsequent years which is 7.33 adjusted for inflation by multiplying $400,000 by the cumulative 7.34 inflation rate as determined by the United States All-Items 7.35 Consumer Price Index. 7.36 Participation is limited to 45 percent of the principal 8.1 amount of the loan or $250,000, whichever is less. The interest 8.2 rates and repayment terms of the authority's participation 8.3 interest may be different from the interest rates and repayment 8.4 terms of the lender's retained portion of the loan. Loans under8.5 this program must not be included in the lifetime limitation8.6 calculated under section 41B.03, subdivision 1.8.7 Sec. 15. Minnesota Statutes 2000, section 41B.046, 8.8 subdivision 5, is amended to read: 8.9 Subd. 5. [LOANS.] (a) The authority may participate in a 8.10 stock loan with an eligible lender to a farmer who is eligible 8.11 under subdivision 4. Participation is limited to 45 percent of 8.12 the principal amount of the loan or $24,000, whichever is less. 8.13 The interest rates and repayment terms of the authority's 8.14 participation interest may differ from the interest rates and 8.15 repayment terms of the lender's retained portion of the loan, 8.16 but the authority's interest rate must not exceed 50 percent of 8.17 the lender's interest rate. 8.18 (b) No more than 95 percent of the purchase price of the 8.19 stock may be financed under this program. 8.20 (c) Loans under this program must not be included in the8.21 lifetime limitation calculated under section 41B.03, subdivision8.22 1.8.23 (d)Security for stock loans must be the stock purchased, a 8.24 personal note executed by the borrower, and whatever other 8.25 security is required by the eligible lender or the authority. 8.26 (e)(d) The authority may impose a reasonable nonrefundable 8.27 application fee for each application for a stock loan. The 8.28 authority may review the fee annually and make adjustments as 8.29 necessary. The application fee is initially $50. Application 8.30 fees received by the authority must be deposited in the 8.31 value-added agricultural product revolving fund. 8.32 (f)(e) Stock loans under this program will be made using 8.33 money in the value-added agricultural product revolving fund 8.34 established under subdivision 3. 8.35 (g)(f) The authority may not grant stock loans in a 8.36 cumulative amount exceeding $2,000,000 for the financing of 9.1 stock purchases in any one cooperative. 9.2 Sec. 16. Minnesota Statutes 2000, section 41B.047, 9.3 subdivision 4, is amended to read: 9.4 Subd. 4. [LOANS.] (a) The authority may participate in a 9.5 disaster recovery loan with an eligible lender to a farmer who 9.6 is eligible under subdivision 3. Participation is limited to 45 9.7 percent of the principal amount of the loan or $50,000, 9.8 whichever is less. The interest rates and repayment terms of 9.9 the authority's participation interest may differ from the 9.10 interest rates and repayment terms of the lender's retained 9.11 portion of the loan, but the authority's interest rate must not 9.12 exceed four percent. 9.13 (b) Standards for loan amortization shall be set by the 9.14 rural finance authority not to exceed ten years. 9.15 (c) Loans under this program must not be included in the9.16 lifetime limitation calculated under section 41B.03, subdivision9.17 1.9.18 (d)Security for the disaster recovery loans must be a 9.19 personal note executed by the borrower and whatever other 9.20 security is required by the eligible lender or the authority. 9.21 (e)(d) The authority may impose a reasonable nonrefundable 9.22 application fee for a disaster recovery loan. The authority may 9.23 review the fee annually and make adjustments as necessary. The 9.24 application fee is initially $50. Application fees received by 9.25 the authority must be deposited in the disaster recovery 9.26 revolving fund. 9.27 (f)(e) Disaster recovery loans under this program will be 9.28 made using money in the disaster recovery revolving fund 9.29 established under subdivision 2. 9.30 Sec. 17. Minnesota Statutes 2000, section 48.24, 9.31 subdivision 5, is amended to read: 9.32 Subd. 5. Loans or obligations shall not be subject under 9.33 this section to any limitation based upon such capital and 9.34 surplus to the extent that they are secured or covered by 9.35 guarantees, or by commitments or agreements to take over or to 9.36 purchase the same, made by: 10.1 (1) the commissioner of agriculture on the purchase of 10.2 agricultural land; 10.3 (2) any Federal Reserve bank; 10.4 (3) the United States or any department, bureau, board, 10.5 commission, or establishment of the United States, including any 10.6 corporation wholly owned directly or indirectly by the United 10.7 States; 10.8 (4) the Minnesota energytrade and economic development 10.9 authoritydepartment; 10.10 (5) the Minnesota export finance authority; or 10.11 (6) a municipality or political subdivision within 10.12 Minnesota to the extent that the guarantee or collateral is a 10.13 valid and enforceable general obligation of that political body. 10.14 Sec. 18. Minnesota Statutes 2001 Supplement, section 10.15 60K.31, subdivision 1, is amended to read: 10.16 Subdivision 1. [SCOPE.] For purposes of sections 10.17 60K.3160K.30 to 60K.5760K.56, the terms in subdivisions 2 to 10.18 18 have the meanings given them. The definitions in section 10.19 60A.02 are applicable to terms not defined in this section, 10.20 unless the language or context clearly indicates that a 10.21 different meaning is intended. 10.22 Sec. 19. Minnesota Statutes 2001 Supplement, section 10.23 60K.32, is amended to read: 10.24 60K.32 [LICENSE REQUIRED.] 10.25 A person shall not sell, solicit, or negotiate insurance in 10.26 this state for any class or classes of insurance unless the 10.27 person is licensed for that line of authority under sections 10.28 60K.3160K.30 to 60K.5760K.56. The license itself does not 10.29 create any authority, actual, apparent, or inherent, in the 10.30 holder to represent or commit an insurance carrier. 10.31 Sec. 20. Minnesota Statutes 2001 Supplement, section 10.32 60K.34, subdivision 1, is amended to read: 10.33 Subdivision 1. [LICENSE NOT REQUIRED.] Nothing in sections 10.34 60K.3160K.30 to 60K.5760K.56 requires an insurer to obtain an 10.35 insurance producer license. In this section, the term "insurer" 10.36 does not include an insurer's officers, directors, employees, 11.1 subsidiaries, or affiliates. 11.2 Sec. 21. Minnesota Statutes 2001 Supplement, section 11.3 60K.39, subdivision 5, is amended to read: 11.4 Subd. 5. [SURPLUS LINES PRODUCERS.] (a) Notwithstanding 11.5 any other provision of sections 60K.3160K.30 to 60K.5760K.56, 11.6 a person licensed as a surplus lines producer in the person's 11.7 home state shall receive a nonresident surplus lines producer 11.8 license under subdivision 1. Except as to subdivision 1, 11.9 nothing in this section otherwise amends or supersedes any 11.10 provision of sections 60A.195 to 60A.209. 11.11 (b) No surplus lines agent or broker licensed under 11.12 sections 60A.195 to 60A.209 may do business in this state unless 11.13 the agent or broker has complied with the requirements set forth 11.14 in section 60A.198, subdivision 3, paragraphs (b) to (d). 11.15 Sec. 22. Minnesota Statutes 2001 Supplement, section 11.16 60K.39, subdivision 6, is amended to read: 11.17 Subd. 6. [LIMITED LINES PRODUCER.] Notwithstanding any 11.18 other provision of sections 60K.3160K.30 to 60K.5760K.56, a 11.19 person licensed as a limited line credit insurance or other type 11.20 of limited lines producer in the person's home state shall 11.21 receive a nonresident limited lines producer license, under 11.22 subdivision 1, granting the same scope of authority as granted 11.23 under the license issued by the producer's home state. For the 11.24 purposes of this subdivision, limited line insurance is any 11.25 authority granted by the home state that restricts the authority 11.26 of the license to less than the total authority prescribed in 11.27 the associated major lines pursuant to section 60K.38, 11.28 subdivision 1, clauses (1) to (6). 11.29 Sec. 23. Minnesota Statutes 2001 Supplement, section 11.30 60K.48, is amended to read: 11.31 60K.48 [COMMISSIONS.] 11.32 Subdivision 1. [PAYMENT PROHIBITED.] An insurance company 11.33 or insurance producer shall not pay a commission, service fee, 11.34 brokerage, or other valuable consideration to a person for 11.35 selling, soliciting, or negotiating insurance in this state if 11.36 that person is required to be licensed under sections 12.1 60K.3160K.30 to 60K.5760K.56 and is not so licensed. 12.2 Subd. 2. [ACCEPTANCE PROHIBITED.] A person shall not 12.3 accept a commission, service fee, brokerage, or other valuable 12.4 consideration for selling, soliciting, or negotiating insurance 12.5 in this state if that person is required to be licensed under 12.6 sections 60K.3160K.30 to 60K.5760K.56 and is not so licensed. 12.7 Subd. 3. [EXCEPTIONS.] (a) Renewal or other deferred 12.8 commissions may be paid to a person for selling, soliciting, or 12.9 negotiating insurance in this state if the person was required 12.10 to be licensed under sections 60K.3160K.30 to 60K.5760K.56 at 12.11 the time of the sale, solicitation, or negotiation and was so 12.12 licensed at that time. 12.13 (b) An insurer or insurance producer may pay or assign 12.14 commissions, service fees, brokerages, or other valuable 12.15 consideration to an insurance agency or to persons who do not 12.16 sell, solicit, or negotiate insurance in this state, unless the 12.17 payment would constitute an illegal rebate or otherwise violate 12.18 section 72A.20, subdivision 10. A duly licensed producer may 12.19 pay commissions or assign or direct that commissions be paid to 12.20 a partnership of which the producer is a member, employee, or 12.21 agent, or to a corporation of which the agent is an officer, 12.22 employee, or agent. 12.23 Sec. 24. Minnesota Statutes 2001 Supplement, section 12.24 60K.51, subdivision 6, is amended to read: 12.25 Subd. 6. [CLASSIFICATION OF INVESTIGATIVE DATA.] Any 12.26 documents, materials, or other information in the control or 12.27 possession of the department of commerce that is furnished by an 12.28 insurer, producer, or an employee or agent of an insurer or 12.29 producer acting on behalf of the insurer or producer, or 12.30 obtained by the commissioner in an investigation pursuant to 12.31 this section is classified as confidential data pursuant to 12.32 section 13.41, subdivision 4, or private data pursuant to 12.33 section 13.41, subdivision 2. 12.34 Sec. 25. Minnesota Statutes 2001 Supplement, section 12.35 60K.52, subdivision 1, is amended to read: 12.36 Subdivision 1. [COMMISSIONER'S AUTHORITY.] In order to 13.1 assist in the performance of the commissioner's duties under 13.2 sections 60K.3160K.30 to 60K.5760K.56, the commissioner: 13.3 (1) may share licensing data or any active or inactive 13.4 investigative data with other state, federal, and international 13.5 regulatory agencies, with the National Association of Insurance 13.6 Commissioners, its affiliates or subsidiaries, and with state, 13.7 federal, and international law enforcement authorities if the 13.8 recipient agrees to maintain the data in a manner consistent 13.9 with its data classification; 13.10 (2) may receive documents, materials, or information, 13.11 including otherwise confidential and privileged documents, 13.12 materials, or information, from the National Association of 13.13 Insurance Commissioners, its affiliates or subsidiaries, and 13.14 from regulatory and law enforcement officials of other foreign 13.15 or domestic jurisdictions, and shall maintain as confidential or 13.16 privileged any document, material, or information received with 13.17 notice or the understanding that it is confidential or 13.18 privileged under the laws of the jurisdiction that is the source 13.19 of the document, material, or information; and 13.20 (3) may enter into agreements governing sharing and use of 13.21 information consistent with this subdivision. 13.22 No waiver of any applicable privilege or claim of 13.23 confidentiality in the documents, materials, or information 13.24 occurs as a result of disclosure to the commissioner under this 13.25 section or as a result of sharing as authorized in this 13.26 subdivision. 13.27 Nothing in sections 60K.3160K.30 to 60K.5760K.56 13.28 prohibits the commissioner from releasing information concerning 13.29 final, adjudicated actions, including for-cause terminations, to 13.30 a database or other clearinghouse service maintained by the 13.31 National Association of Insurance Commissioners, its affiliates, 13.32 or subsidiaries of the National Association of Insurance 13.33 Commissioners. 13.34 Sec. 26. Minnesota Statutes 2001 Supplement, section 13.35 61B.23, subdivision 15, is amended to read: 13.36 Subd. 15. [VENUE; APPEAL BOND.] Except as otherwise 14.1 provided in section 61B.24, subdivision 10, or 61B.26, paragraph 14.2 (c), venue in a suit against the association arising under 14.3 sections 62B.18 to 62B.3261B.18 to 61B.32 shall be in Ramsey 14.4 county. The association shall not be required to give an appeal 14.5 bond in an appeal that relates to a cause of action arising 14.6 under sections 61B.18 to 61B.32. 14.7 Sec. 27. [89A.11] [REPEALER.] 14.8 Sections 89A.01; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 14.9 89A.07; 89A.08; 89A.09; 89A.10; and 89A.11, are repealed June 14.10 30, 2007. 14.11 Sec. 28. Minnesota Statutes 2000, section 115A.06, 14.12 subdivision 5a, is amended to read: 14.13 Subd. 5a. [ACQUISITION OF EASEMENTS.] If the office 14.14 determines that any activity deemed necessary to accomplish its 14.15 purposes under subdivision 5 constitutes a substantial 14.16 interference with the possession, enjoyment, or value of the 14.17 property where the activity will take place, the office may 14.18 acquire a temporary easement interest in the property that 14.19 permits the office to carry out the activity and other 14.20 activities incidental to the accomplishment of the same 14.21 purposes. The office may acquire temporary easement interests 14.22 under this subdivision by purchase, gift, or condemnation. The 14.23 right of the office to acquire a temporary easement is subject 14.24 to the same requirements and may be exercised with the same 14.25 authority as provided for acquisition of property interests by 14.26 the commissioner of administration under Minnesota Statutes 14.27 1994, section 115A.06, subdivision 4. 14.28 Sec. 29. Minnesota Statutes 2000, section 115A.59, is 14.29 amended to read: 14.30 115A.59 [BOND AUTHORIZATION AND APPROPRIATION OF PROCEEDS.] 14.31 The commissioner of finance is authorized, upon request of 14.32 the director, to sell state bonds in the amount of up to 14.33 $8,800,000 for the purpose of the waste processing facility 14.34 capital assistance program under section 115A.54 , and in the14.35 amount of up to $6,200,000 for the purpose of acquiring real14.36 property and interests in real property for hazardous waste15.1 facility sites and buffer areas as authorized by section15.2 115A.06, subdivision 4. The bonds shall be sold in the manner 15.3 and upon the conditions prescribed in sections 16A.631 to 15.4 16A.675, and in the Minnesota Constitution, article XI, sections 15.5 4 to 7. The amount of bonds issued pursuant to this 15.6 authorization shall not exceed at any time the amount needed to 15.7 produce a balance in the waste management account equal to the 15.8 aggregate amount of the loans and grants then approved and not 15.9 previously disbursed, plus the amount of the loans and grants to 15.10 be approved in the current and the following fiscal year, as 15.11 estimated by the director. 15.12 Sec. 30. Minnesota Statutes 2000, section 115A.9157, 15.13 subdivision 6, is amended to read: 15.14 Subd. 6. [LIST OF PARTICIPANTS.] A manufacturer or its 15.15 representative organization shall inform the legislative15.16 commission on waste managementcommittees listed in subdivision 15.17 5 when they begin participating in the projects and programs and 15.18 immediately if they withdraw participation. The list of15.19 participants shall be available to retailers, distributors,15.20 governmental agencies, and other interested persons who provide15.21 a self-addressed stamped envelope to the commission.15.22 Sec. 31. Minnesota Statutes 2000, section 115B.20, 15.23 subdivision 1, is amended to read: 15.24 Subdivision 1. [ESTABLISHMENT.] (a) The environmental 15.25 response, compensation, and compliance account is in the 15.26 environmental fund in the state treasury and may be spent only 15.27 for the purposes provided in subdivision 2. 15.28 (b) The commissioner of finance shall administer a response 15.29 account for the agency and the commissioner of agriculture to 15.30 take removal, response, and other actions authorized under 15.31 subdivision 2, clauses (1) to (4) and (10) to (12)(9) to (11). 15.32 The commissioner of finance shall transfer money from the 15.33 response account to the agency and the commissioner of 15.34 agriculture to take actions required under subdivision 2, 15.35 clauses (1) to (4) and (10) to (12)(9) to (11). 15.36 (c) The commissioner of finance shall administer the 16.1 account in a manner that allows the commissioner of agriculture 16.2 and the agency to utilize the money in the account to implement 16.3 their removal and remedial action duties as effectively as 16.4 possible. 16.5 (d) Amounts appropriated to the commissioner of finance 16.6 under this subdivision shall not be included in the department 16.7 of finance budget but shall be included in the pollution control 16.8 agency and department of agriculture budgets. 16.9 (e) All money recovered by the state under section 115B.04 16.10 or any other law for injury to, destruction of, or loss of 16.11 natural resources resulting from the release of a hazardous 16.12 substance, or a pollutant or contaminant, must be credited to 16.13 the environmental response, compensation, and compliance account 16.14 in the environmental fund and is appropriated to the 16.15 commissioner of natural resources for purposes of subdivision 2, 16.16 clause (5), consistent with any applicable term of judgments, 16.17 consent decrees, consent orders, or other administrative actions 16.18 requiring payments to the state for such purposes. Before 16.19 making an expenditure of money appropriated under this 16.20 paragraph, the commissioner of natural resources shall provide 16.21 written notice of the proposed expenditure to the chairs of the 16.22 senate committee on finance, the house of representatives 16.23 committee on ways and means, the finance division of the senate 16.24 committee on environment and natural resources, and the house of 16.25 representatives committee on environment and natural resources 16.26 finance. 16.27 Sec. 32. Minnesota Statutes 2000, section 115B.20, 16.28 subdivision 2, is amended to read: 16.29 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject 16.30 to appropriation by the legislature the money in the account may 16.31 be spent for any of the following purposes: 16.32 (1) preparation by the agency and the commissioner of 16.33 agriculture for taking removal or remedial action under section 16.34 115B.17, or under chapter 18D, including investigation, 16.35 monitoring and testing activities, enforcement and compliance 16.36 efforts relating to the release of hazardous substances, 17.1 pollutants or contaminants under section 115B.17 or 115B.18, or 17.2 chapter 18D; 17.3 (2) removal and remedial actions taken or authorized by the 17.4 agency or the commissioner of the pollution control agency under 17.5 section 115B.17, or taken or authorized by the commissioner of 17.6 agriculture under chapter 18D including related enforcement and 17.7 compliance efforts under section 115B.17 or 115B.18, or chapter 17.8 18D, and payment of the state share of the cost of remedial 17.9 action which may be carried out under a cooperative agreement 17.10 with the federal government pursuant to the federal Superfund 17.11 Act, under United States Code, title 42, section 9604(c)(3) for 17.12 actions related to facilities other than commercial hazardous 17.13 waste facilities located under the siting authority of chapter 17.14 115A; 17.15 (3) reimbursement to any private person for expenditures 17.16 made before July 1, 1983, to provide alternative water supplies 17.17 deemed necessary by the agency or the commissioner of 17.18 agriculture and the department of health to protect the public 17.19 health from contamination resulting from the release of a 17.20 hazardous substance; 17.21 (4) removal and remedial actions taken or authorized by the 17.22 agency or the commissioner of agriculture or the pollution 17.23 control agency under section 115B.17, or chapter 18D, including 17.24 related enforcement and compliance efforts under section 115B.17 17.25 or 115B.18, or chapter 18D, and payment of the state share of 17.26 the cost of remedial action which may be carried out under a 17.27 cooperative agreement with the federal government pursuant to 17.28 the federal Superfund Act, under United States Code, title 42, 17.29 section 9604(c)(3) for actions related to commercial hazardous 17.30 waste facilities located under the siting authority of chapter 17.31 115A; 17.32 (5) planning and implementation by the commissioner of 17.33 natural resources of the rehabilitation, restoration, or 17.34 acquisition of natural resources to remedy injuries or losses to 17.35 natural resources resulting from the release of a hazardous 17.36 substance; 18.1 (6) inspection, monitoring, and compliance efforts by the 18.2 agency, or by political subdivisions with agency approval, of 18.3 commercial hazardous waste facilities located under the siting 18.4 authority of chapter 115A; 18.5 (7) grants by the agency or the office of environmental 18.6 assistance to demonstrate alternatives to land disposal of 18.7 hazardous waste including reduction, separation, pretreatment, 18.8 processing and resource recovery, for education of persons 18.9 involved in regulating and handling hazardous waste; 18.10 (8) intervention and environmental mediation by the18.11 legislative commission on waste management under chapter 115A;18.12 (9)grants by the agency to study the extent of 18.13 contamination and feasibility of cleanup of hazardous substances 18.14 and pollutants or contaminants in major waterways of the state; 18.15 (10)(9) acquisition of a property interest under section 18.16 115B.17, subdivision 15; 18.17 (11)(10) reimbursement, in an amount to be determined by 18.18 the agency in each case, to a political subdivision that is not 18.19 a responsible person under section 115B.03, for reasonable and 18.20 necessary expenditures resulting from an emergency caused by a 18.21 release or threatened release of a hazardous substance, 18.22 pollutant, or contaminant; and 18.23 (12)(11) reimbursement to a political subdivision for 18.24 expenditures in excess of the liability limit under section 18.25 115B.04, subdivision 4. 18.26 Sec. 33. Minnesota Statutes 2000, section 115B.20, 18.27 subdivision 5, is amended to read: 18.28 Subd. 5. [RECOMMENDATION.] The legislative commission on18.29 waste management and thecommissioner of agriculture shall make 18.30 recommendations to the standing legislative committees on 18.31 finance and appropriations regarding appropriations from the 18.32 account. 18.33 Sec. 34. Minnesota Statutes 2000, section 116J.615, is 18.34 amended to read: 18.35 116J.615 [OFFICE OF TOURISM.] 18.36 Subdivision 1. [DUTIES OF DIRECTORDEPUTY COMMISSIONER.] 19.1 The directordeputy commissioner of the office of tourism shall: 19.2 (1) publish, disseminate, and distribute informational and 19.3 promotional literature; 19.4 (2) promote and encourage the expansion and development of 19.5 international tourism marketing; 19.6 (3) advertise and disseminate information about travel 19.7 opportunities in the state of Minnesota; 19.8 (4) aid various local communities to improve their tourism 19.9 marketing programs; 19.10 (5) coordinate and implement a comprehensive state tourism 19.11 marketing program that takes into consideration all public and 19.12 private businesses and attractions; 19.13 (6) conduct market research and analysis to improve 19.14 marketing techniques in the area of tourism; 19.15 (7) investigate and study conditions affecting Minnesota's 19.16 tourism industry, collect and disseminate information, and 19.17 engage in technical studies, scientific investigations, and 19.18 statistical research and educational activities necessary or 19.19 useful for the proper execution of the powers and duties of the 19.20 directordeputy commissioner in promoting and developing 19.21 Minnesota's tourism industry, both within and outside the state; 19.22 (8) apply for, accept, receive, and expend any funds for 19.23 the promotion of tourism in Minnesota. All money received by 19.24 the directordeputy commissioner under this subdivision shall be 19.25 deposited in the state treasury and is appropriated to 19.26 the directordeputy commissioner for the purposes for which the 19.27 money has been received. The directordeputy commissioner may 19.28 enter into interagency agreements and may agree to share net 19.29 revenues with the contributing agencies. The money does not 19.30 cancel and is available until expended; and 19.31 (9) plan and conduct information and publicity programs to 19.32 attract tourists, visitors, and other interested persons from 19.33 outside the state to this state; encourage and coordinate 19.34 efforts of other public and private organizations or groups of 19.35 citizens to publicize facilities and attractions in this state; 19.36 and work with representatives of the hospitality and tourism 20.1 industry to carry out its programs. 20.2 Sec. 35. Minnesota Statutes 2000, section 116J.616, is 20.3 amended to read: 20.4 116J.616 [SPECIFIC AGREEMENTS PROHIBITED.] 20.5 The commissioner or directordeputy commissioner of the 20.6 office of tourism may not enter into an agreement which would 20.7 obligate the state to pay any part of a debt incurred by a 20.8 public or private facility, organization, or attraction. 20.9 Sec. 36. Minnesota Statutes 2000, section 119A.11, 20.10 subdivision 3, is amended to read: 20.11 Subd. 3. [ADVISORY COUNCIL.] "Advisory council" means the 20.12 advisory council established under section 119A.13119A.35. 20.13 Sec. 37. Minnesota Statutes 2000, section 119A.20, 20.14 subdivision 1, is amended to read: 20.15 Subdivision 1. [DEFINITIONS.] For the purposes of sections 20.16 119A.20 to 119A.23119A.22, the following terms have the 20.17 meanings given. 20.18 Sec. 38. Minnesota Statutes 2001 Supplement, section 20.19 119A.22, is amended to read: 20.20 119A.22 [DUTIES OF COMMISSIONER.] 20.21 The commissioner shall: 20.22 (1) review applications and award grants to programs 20.23 pursuant to section 119A.21; 20.24 (2) design a uniform method of collecting data to be used 20.25 to monitor and assure compliance of the programs funded under 20.26 section 119A.21; 20.27 (3) provide technical assistance to applicants in the 20.28 development of grant requests and to grantees in meeting the 20.29 data collection requirements established by the commissioner; 20.30 and 20.31 (4) adopt, under chapter 14, all rules necessary to 20.32 implement the provisions of sections 119A.20 to 119A.23119A.22. 20.33 Sec. 39. Minnesota Statutes 2000, section 119A.37, 20.34 subdivision 3, is amended to read: 20.35 Subd. 3. [FUNDING.] The commissioner may award grants to 20.36 create or maintain parenting time centers. 21.1 In awarding grants to maintain a parenting time center, the 21.2 commissioner may award a grant to a center that can demonstrate 21.3 a 3525 percent local match, provided the center is diligently 21.4 exploring and pursuing all available funding options in an 21.5 effort to become self-sustaining, and those efforts are reported 21.6 to the commissioner. 21.7 In awarding grants to create a parenting time center, the 21.8 commissioner shall give priority to: 21.9 (1) areas of the state where no other parenting time center 21.10 or similar facility exists; 21.11 (2) applicants who demonstrate that private funding for the 21.12 center is available and will continue; and 21.13 (3) facilities that are adapted for use to care for 21.14 children, such as day care centers, religious institutions, 21.15 community centers, schools, technical colleges, parenting 21.16 resource centers, and child care referral services. 21.17 In awarding grants to create or maintain a parenting time 21.18 center, the commissioner shall require the proposed center to 21.19 meet standards developed by the commissioner to ensure the 21.20 safety of the custodial parent and children. 21.21 Sec. 40. Minnesota Statutes 2000, section 119A.46, 21.22 subdivision 6, is amended to read: 21.23 Subd. 6. [ON-THE-JOB TRAINING COMPONENT.] (a) Programs 21.24 established under this section must provide on-the-job training 21.25 for swab team workers. Training methods must follow procedures21.26 established under section 144.9506.21.27 (b) Swab team workers must receive monetary compensation 21.28 equal to the prevailing wage as defined in section 177.42, 21.29 subdivision 6, for comparable jobs in the licensed contractor's 21.30 principal business. 21.31 Sec. 41. Minnesota Statutes 2000, section 122A.20, 21.32 subdivision 1, is amended to read: 21.33 Subdivision 1. [GROUNDS FOR REVOCATION, SUSPENSION, OR 21.34 DENIAL.] (a) The board of teaching or the commissioner, with the21.35 advice from an advisory task force of supervisory personnel21.36 established under section 15.014board of school administrators, 22.1 whichever has jurisdiction over a teacher's licensure, may, on 22.2 the written complaint of the school board employing a teacher, a 22.3 teacher organization, or any other interested person, refuse to 22.4 issue, refuse to renew, suspend, or revoke a teacher's license 22.5 to teach for any of the following causes: 22.6 (1) Immoral character or conduct; 22.7 (2) Failure, without justifiable cause, to teach for the 22.8 term of the teacher's contract; 22.9 (3) Gross inefficiency or willful neglect of duty; or 22.10 (4) Failure to meet licensure requirements; or 22.11 (5) Fraud or misrepresentation in obtaining a license. 22.12 The written complaint must specify the nature and character 22.13 of the charges. 22.14 (b) The board of teaching or the commissioner of children, 22.15 families, and learning whichever has jurisdiction over a 22.16 teacher's licensure, shall refuse to issue, refuse to renew, or 22.17 automatically revoke a teacher's license to teach without the 22.18 right to a hearing upon receiving a certified copy of a 22.19 conviction showing that the teacher has been convicted of child 22.20 abuse, as defined in section 609.185, or sexual abuse under 22.21 section 609.342, 609.343, 609.344, 609.345, 609.3451, 22.22 subdivision 3, or 617.23, subdivision 3, or under a similar law 22.23 of another state or the United States. The board shall send 22.24 notice of this licensing action to the district in which the 22.25 teacher is currently employed. 22.26 (c) A person whose license to teach has been revoked, not 22.27 issued, or not renewed under paragraph (b), may petition the 22.28 board to reconsider the licensing action if the person's 22.29 conviction for child abuse or sexual abuse is reversed by a 22.30 final decision of the court of appeals or the supreme court or 22.31 if the person has received a pardon for the offense. The 22.32 petitioner shall attach a certified copy of the appellate 22.33 court's final decision or the pardon to the petition. Upon 22.34 receiving the petition and its attachment, the board shall 22.35 schedule and hold a disciplinary hearing on the matter under 22.36 section 214.10, subdivision 2, unless the petitioner waives the 23.1 right to a hearing. If the board finds that, notwithstanding 23.2 the reversal of the petitioner's criminal conviction or the 23.3 issuance of a pardon, the petitioner is disqualified from 23.4 teaching under paragraph (a), clause (1), the board shall affirm 23.5 its previous licensing action. If the board finds that the 23.6 petitioner is not disqualified from teaching under paragraph 23.7 (a), clause (1), it shall reverse its previous licensing action. 23.8 (d) For purposes of this subdivision, the board of teaching 23.9 is delegated the authority to suspend or revoke coaching 23.10 licenses. 23.11 Sec. 42. Minnesota Statutes 2000, section 123B.61, is 23.12 amended to read: 23.13 123B.61 [PURCHASE OF CERTAIN EQUIPMENT.] 23.14 The board of a district may issue general obligation 23.15 certificates of indebtedness or capital notes subject to the 23.16 district debt limits to: (a) purchase vehicles, computers, 23.17 telephone systems, cable equipment, photocopy and office 23.18 equipment, technological equipment for instruction, and other 23.19 capital equipment having an expected useful life at least as 23.20 long as the terms of the certificates or notes; (b) purchase 23.21 computer hardware and software, without regard to its expected 23.22 useful life, whether bundled with machinery or equipment or 23.23 unbundled, together with application development services and 23.24 training related to the use of the computer; and (c) prepay 23.25 special assessments. The certificates or notes must be payable 23.26 in not more than five years and must be issued on the terms and 23.27 in the manner determined by the board, except that certificates 23.28 or notes issued to prepay special assessments must be payable in 23.29 not more than 20 years. The certificates or notes may be issued 23.30 by resolution and without the requirement for an election. The 23.31 certificates or notes are general obligation bonds for purposes 23.32 of section 126C.55. A tax levy must be made for the payment of 23.33 the principal and interest on the certificates or notes, in 23.34 accordance with section 475.61, as in the case of bonds. The 23.35 sum of the tax levies under this section and section 123B.62 for 23.36 each year must not exceed the lesser of the amount of the 24.1 district's total operating capital revenue or the sum of the 24.2 district's levy in the general and community service funds 24.3 excluding the adjustments under this section for the year 24.4 preceding the year the initial debt service levies are 24.5 certified. The district's general educationfund levy for each 24.6 year must be reduced by the sum of (1) the amount of the tax 24.7 levies for debt service certified for each year for payment of 24.8 the principal and interest on the certificates or notes issued 24.9 under this section as required by section 475.61, (2) the amount 24.10 of the tax levies for debt service certified for each year for 24.11 payment of the principal and interest on bonds issued under 24.12 section 123B.62, and (2)(3) any excess amount in the debt 24.13 redemption fund used to retire bonds, certificates, or notes 24.14 issued under this section or section 123B.62 after April 1, 24.15 1997, other than amounts used to pay capitalized interest. If 24.16 the district's general fund levy is less than the amount of the 24.17 reduction, the balance shall be deducted first from the 24.18 district's community service fund levy, and next from the 24.19 district's general fund or community service fund levies for the 24.20 following year. A district using an excess amount in the debt 24.21 redemption fund to retire the certificates or notes shall report 24.22 the amount used for this purpose to the commissioner by July 15 24.23 of the following fiscal year. A district having an outstanding 24.24 capital loan under section 126C.69 or an outstanding debt 24.25 service loan under section 126C.68 must not use an excess amount 24.26 in the debt redemption fund to retire the certificates or notes. 24.27 Sec. 43. Minnesota Statutes 2000, section 123B.62, is 24.28 amended to read: 24.29 123B.62 [BONDS FOR CERTAIN CAPITAL FACILITIES.] 24.30 (a) In addition to other bonding authority, with approval 24.31 of the commissioner, a district may issue general obligation 24.32 bonds for certain capital projects under this section. The 24.33 bonds must be used only to make capital improvements including: 24.34 (1) under section 126C.10, subdivision 14, total operating 24.35 capital revenue uses specified in clauses (4), (6), (7), (8), 24.36 (9), and (10); 25.1 (2) the cost of energy modifications; 25.2 (3) improving handicap accessibility to school buildings; 25.3 and 25.4 (4) bringing school buildings into compliance with life and 25.5 safety codes and fire codes. 25.6 (b) Before a district issues bonds under this subdivision, 25.7 it must publish notice of the intended projects, the amount of 25.8 the bond issue, and the total amount of district indebtedness. 25.9 (c) A bond issue tentatively authorized by the board under 25.10 this subdivision becomes finally authorized unless a petition 25.11 signed by more than 15 percent of the registered voters of the 25.12 district is filed with the school board within 30 days of the 25.13 board's adoption of a resolution stating the board's intention 25.14 to issue bonds. The percentage is to be determined with 25.15 reference to the number of registered voters in the district on 25.16 the last day before the petition is filed with the board. The 25.17 petition must call for a referendum on the question of whether 25.18 to issue the bonds for the projects under this section. The 25.19 approval of 50 percent plus one of those voting on the question 25.20 is required to pass a referendum authorized by this section. 25.21 (d) The bonds must be paid off within ten years of 25.22 issuance. The bonds must be issued in compliance with chapter 25.23 475, except as otherwise provided in this section. A tax levy 25.24 must be made for the payment of principal and interest on the 25.25 bonds in accordance with section 475.61. The sum of the tax 25.26 levies under this section and section 123B.61 for each year must 25.27 not exceed the amount of the district's total operating capital25.28 revenue for the year the initial debt service levies are25.29 certifiedlimit specified in section 123B.61. The district's25.30 general educationlevy for each year must be reduced by the sum25.31 of (1) the amount of the tax levies for debt service certified25.32 for each year for payment of the principal and interest on the25.33 bonds, and (2) any excess amount in the debt redemption fund25.34 used to retire bonds issued after April 1, 1997, other than25.35 amounts used to pay capitalized interestas provided in section 25.36 123B.61. A district using an excess amount in the debt 26.1 redemption fund to retire the bonds shall report the amount used 26.2 for this purpose to the commissioner by July 15 of the following 26.3 fiscal year. A district having an outstanding capital loan 26.4 under section 126C.69 or an outstanding debt service loan under 26.5 section 126C.68 must not use an excess amount in the debt 26.6 redemption fund to retire the bonds. 26.7 (e) Notwithstanding paragraph (d), bonds issued by a 26.8 district within the first five years following voter approval of 26.9 a combination according to section 123A.37, subdivision 2, must 26.10 be paid off within 20 years of issuance. All the other 26.11 provisions and limitation of paragraph (d) apply. 26.12 Sec. 44. Minnesota Statutes 2000, section 125A.76, 26.13 subdivision 5, is amended to read: 26.14 Subd. 5. [SCHOOL DISTRICT SPECIAL EDUCATION AID.] (a) A 26.15 school district's special education aid for fiscal year 2000 and 26.16 later equals the state total special education aid, minus the 26.17 amount determined under paragraphs (b) and (c), times the ratio 26.18 of the district's adjusted special education base revenue to the 26.19 state total adjusted special education base revenue. If the 26.20 commissioner of children, families, and learning modifies its 26.21 rules for special education in a manner that increases a 26.22 district's special education obligations or service 26.23 requirements, the commissioner shall annually increase each 26.24 district's special education aid by the amount necessary to 26.25 compensate for the increased service requirements. The 26.26 additional aid equals the cost in the current year attributable 26.27 to rule changes not reflected in the computation of special 26.28 education base revenue, multiplied by the appropriate 26.29 percentages from subdivision 2. 26.30 (b) Notwithstanding paragraph (a), if the special education 26.31 base revenue for a district equals zero, the special education 26.32 aid equals the amount computed according to subdivision 2 using 26.33 current year data. 26.34 (c) Notwithstanding paragraphs (a) and (b), if the special 26.35 education base revenue for a district is greater than zero, and 26.36 the base year amount for the district under subdivision 2, 27.1 paragraph (a), clause (7), equals zero, the special education 27.2 aid equals the sum of the amount computed according to paragraph 27.3 (a), plus the amount computed according to subdivision 2, 27.4 paragraph (a), clause (7), using current year data. 27.5 (d) A charter school under section 124D.10 shall generate 27.6 state special education aid based on current year expenditures 27.7 for its first four years of operation and only in its fifth year 27.8 shall paragraphs (a), (b), and (c) apply. 27.9 Sec. 45. Minnesota Statutes 2001 Supplement, section 27.10 126C.10, subdivision 4, is amended to read: 27.11 Subd. 4. [BASIC SKILLS REVENUE.] (a) For fiscal year 2002, 27.12 a school district's basic skills revenue equals the sum of: 27.13 (1) compensatory revenue under subdivision 3; plus 27.14 (2) limited English proficiency revenue according to 27.15 section 124D.65, subdivision 5; plus 27.16 (3) $190 times the limited English proficiency pupil units 27.17 according to section 126C.05, subdivision 17; plus 27.18 (4) $22.50 times the number of adjusted marginal cost pupil 27.19 units in kindergarten to grade 8. 27.20 (b) For fiscal year 2003 and later, a school district's 27.21 basic skills revenue equals the sum of: 27.22 (1) compensatory revenue under subdivision 3; plus 27.23 (2) limited English proficiency revenue under section 27.24 124D.65, subdivision 5; plus 27.25 (3) $190 times the limited English proficiency pupil units 27.26 under section 126C.05, subdivision 17. 27.27 Sec. 46. Minnesota Statutes 2000, section 126C.10, 27.28 subdivision 26, is amended to read: 27.29 Subd. 26. [DISTRICT EQUITY GAP.] A district's equity gap 27.30 equals the greater of zero or the difference between the 27.31 district's adjusted general revenue and the value of the school 27.32 district at or immediately above the regional 90th95th 27.33 percentile of adjusted general revenue per adjusted marginal 27.34 cost pupil unit. 27.35 [EFFECTIVE DATE.] This section is effective for revenue for 27.36 fiscal year 2002. 28.1 Sec. 47. Minnesota Statutes 2001 Supplement, section 28.2 136G.03, subdivision 20, is amended to read: 28.3 Subd. 20. [MAXIMUM ACCOUNT BALANCE LIMIT.] "Maximum 28.4 account balance limit" means the amount established by the 28.5 office under section 136.2441136G.09, subdivision 8, paragraph 28.6 (d). 28.7 Sec. 48. Minnesota Statutes 2001 Supplement, section 28.8 144.057, subdivision 4, is amended to read: 28.9 Subd. 4. [RESPONSIBILITIES OF FACILITIES AND AGENCIES.] 28.10 Facilities and agencies described in subdivision 1 shall be 28.11 responsible for cooperating with the departments in implementing 28.12 the provisions of this section. The responsibilities imposed on 28.13 applicants and licensees under chapter 245A shall apply to these 28.14 facilities and supplemental nursing services agencies. The 28.15 provision of section 245A.04, subdivision 3, paragraph (e)(n), 28.16 shall apply to applicants, licensees, registrants, or an 28.17 individual's refusal to cooperate with the completion of the 28.18 background studies. Supplemental nursing services agencies 28.19 subject to the registration requirements in section 144A.71 must 28.20 maintain records verifying compliance with the background study 28.21 requirements under this section. 28.22 Sec. 49. Minnesota Statutes 2000, section 144E.43, 28.23 subdivision 1, is amended to read: 28.24 Subdivision 1. [AWARD PAYMENTS.] (a) The emergency medical 28.25 services regulatory board or the board's designee under section 28.26 144E.40, subdivision 2, shall pay ambulance service personnel 28.27 longevity awards to qualified ambulance service personnel 28.28 determined to be entitled to an award under section 144E.46 by 28.29 the board based on the submissions by the various ambulance 28.30 services. Amounts necessary to pay the ambulance service 28.31 personnel longevity award are appropriated from the ambulance 28.32 service personnel longevity award and incentive trust account to 28.33 the board. 28.34 (b) If the state of Minnesota is unable to meet its 28.35 financial obligations as they become due, the commissioner of28.36 healthboard shall undertake all necessary steps to discontinue 29.1 paying ambulance service personnel longevity awards until the 29.2 state of Minnesota is again able to meet its financial 29.3 obligations as they become due. 29.4 Sec. 50. Minnesota Statutes 2000, section 148.71, 29.5 subdivision 3, is amended to read: 29.6 Subd. 3. [FOREIGN-TRAINED PHYSICAL THERAPISTS; TEMPORARY 29.7 PERMITS.] (a) The board of medical practicephysical therapy may 29.8 issue a temporary permit to a foreign-trained physical therapist 29.9 who: 29.10 (1) is enrolled in a supervised physical therapy 29.11 traineeship that meets the requirements under paragraph (b); 29.12 (2) has completed a physical therapy education program 29.13 equivalent to that under section 148.705 and Minnesota Rules, 29.14 part 5601.0800, subpart 2; 29.15 (3) has achieved a score of at least 550 on the test of 29.16 English as a foreign language or a score of at least 85 on the 29.17 Minnesota battery test; and 29.18 (4) has paid a nonrefundable fee set by the board. 29.19 A foreign-trained physical therapist must have the 29.20 temporary permit before beginning a traineeship. 29.21 (b) A supervised physical therapy traineeship must: 29.22 (1) be at least six months; 29.23 (2) be at a board-approved facility; 29.24 (3) provide a broad base of clinical experience to the 29.25 foreign-trained physical therapist including a variety of 29.26 physical agents, therapeutic exercises, evaluation procedures, 29.27 and patient diagnoses; 29.28 (4) be supervised by a physical therapist who has at least 29.29 three years of clinical experience and is licensed under 29.30 subdivision 1; and 29.31 (5) be approved by the board before the foreign-trained 29.32 physical therapist begins the traineeship. 29.33 (c) A temporary permit is effective on the first day of a 29.34 traineeship and expires 90 days after the next examination for 29.35 licensing given by the board following successful completion of 29.36 the traineeship or on the date on which the board, after 30.1 examination of the applicant, grants or denies the applicant a 30.2 license to practice, whichever occurs first. 30.3 (d) A foreign-trained physical therapist must successfully 30.4 complete a traineeship to be licensed as a physical therapist 30.5 under subdivision 1. The traineeship may be waived for a 30.6 foreign-trained physical therapist who is licensed or otherwise 30.7 registered in good standing in another state and has 30.8 successfully practiced physical therapy in that state under the 30.9 supervision of a licensed or registered physical therapist for 30.10 at least six months at a facility that meets the requirements 30.11 under paragraph (b), clauses (2) and (3). 30.12 (e) A temporary permit will not be issued to a 30.13 foreign-trained applicant who has been issued a temporary permit 30.14 for longer than six months in any other state. 30.15 Sec. 51. Minnesota Statutes 2001 Supplement, section 30.16 169.073, is amended to read: 30.17 169.073 [PROHIBITED LIGHT OR SIGNAL.] 30.18 (a) No person or corporation shall place, maintain or 30.19 display any red light or red sign, signal, or lighting device or 30.20 maintain it in view of any highway or any line of railroad on or 30.21 over which trains are operated in such a way as to interfere 30.22 with the effectiveness or efficiency of any highway 30.23 traffic-control device or signals or devices used in the 30.24 operation of a railroad. Upon written notice from the 30.25 commissioner of transportation, a person or corporation 30.26 maintaining or owning or displaying a prohibited light shall 30.27 promptly remove it, or change the color of it to some other 30.28 color than red. Where a prohibited light or sign interferes 30.29 with the effectiveness or efficiency of the signals or devices 30.30 used in the operation of a railroad, the department of 30.31 transportation may cause the removal of it and the department 30.32 may issue notices and orders for its removal. The department 30.33 shall proceed as provided in sections 216.13, 216.14, 216.15, 30.34 216.16, and 216.17, with a right of appeal to the aggrieved 30.35 party in accordance with chapter 14. 30.36 (b) No person or corporation shall maintain or display any 31.1 light after written notice from the commissioner of 31.2 transportation or the department of public servicethat the 31.3 light constitutes a traffic hazard and that itthe commissioner 31.4 has ordered the removal thereof. 31.5 Sec. 52. Minnesota Statutes 2001 Supplement, section 31.6 214.01, subdivision 3, is amended to read: 31.7 Subd. 3. [NON-HEALTH-RELATED LICENSING BOARD.] 31.8 "Non-health-related licensing board" means the board of teaching 31.9 established pursuant to section 122A.07, the board of barber 31.10 examiners established pursuant to section 154.22, the board of 31.11 assessors established pursuant to section 270.41, the board of 31.12 architecture, engineering, land surveying, landscape 31.13 architecture, geoscience, and interior design established 31.14 pursuant to section 326.04, the board of electricity established 31.15 pursuant to section 326.241, the private detective and 31.16 protective agent licensing board established pursuant to section 31.17 326.33, the board of accountancy established pursuant to section 31.18 326A.02, the board of boxing established pursuant to section31.19 341.01,and the peace officer standards and training board 31.20 established pursuant to section 626.841. 31.21 Sec. 53. Minnesota Statutes 2001 Supplement, section 31.22 216B.098, subdivision 2, is amended to read: 31.23 Subd. 2. [BUDGET BILLING PLANS.] A utility shall offer a 31.24 customer a budget billing plan for payment of charges for 31.25 service, including adequate notice to customers prior to 31.26 changing budget payment amounts. Municipal utilities having 31.27 3,000 or fewer customers are exempt from this requirement. 31.28 Municipal utilities having more than 3,000 customers shall 31.29 implement this requirement within two years of the effective31.30 date of this chapterbefore July 1, 2003. 31.31 Sec. 54. Minnesota Statutes 2001 Supplement, section 31.32 216B.2424, subdivision 5, is amended to read: 31.33 Subd. 5. [MANDATE.] (a) A public utility, as defined in 31.34 section 216B.02, subdivision 4, that operates a nuclear-powered 31.35 electric generating plant within this state must construct and 31.36 operate, purchase, or contract to construct and operate (1) by 32.1 December 31, 1998, 50 megawatts of electric energy installed 32.2 capacity generated by farm-grown closed-loop biomass scheduled 32.3 to be operational by December 31, 2001; and (2) by December 31, 32.4 1998, an additional 75 megawatts of installed capacity so 32.5 generated scheduled to be operational by December 31, 2002. 32.6 (b) Of the 125 megawatts of biomass electricity installed 32.7 capacity required under this subdivision, no more than 50 32.8 megawatts of this capacity may be provided by a facility that 32.9 uses poultry litter as its primary fuel source and any such 32.10 facility: 32.11 (1) need not use biomass that complies with the definition 32.12 in subdivision 1; 32.13 (2) must enter into a contract with the public utility for 32.14 such capacity, that has an average purchase price per megawatt 32.15 hour over the life of the contract that is equal to or less than 32.16 the average purchase price per megawatt hour over the life of 32.17 the contract in contracts approved by the public utilities 32.18 commission before April 1, 2000, to satisfy the mandate of this 32.19 section, and file that contract with the public utilities 32.20 commission prior to September 1, 2000; and 32.21 (3) must schedule such capacity must be scheduledto be 32.22 operational by December 31, 2002. 32.23 (c) Of the total 125 megawatts of biomass electric energy 32.24 installed capacity required under this section, no more than 75 32.25 megawatts may be provided by a single project. 32.26 (d) Of the 75 megawatts of biomass electric energy 32.27 installed capacity required under paragraph (a), clause (2), no 32.28 more than 25 megawatts of this capacity may be provided by a St. 32.29 Paul district heating and cooling system cogeneration facility 32.30 utilizing waste wood as a primary fuel source. The St. Paul 32.31 district heating and cooling system cogeneration facility need 32.32 not use biomass that complies with the definition in subdivision 32.33 1. 32.34 (e) The public utility must accept and consider on an equal 32.35 basis with other biomass proposals: 32.36 (1) a proposal to satisfy the requirements of this section 33.1 that includes a project that exceeds the megawatt capacity 33.2 requirements of either paragraph (a), clause (1) or (2), and 33.3 that proposes to sell the excess capacity to the public utility 33.4 or to other purchasers; and 33.5 (2) a proposal for a new facility to satisfy more than ten 33.6 but not more than 20 megawatts of the electrical generation 33.7 requirements by a small business-sponsored independent power 33.8 producer facility to be located within the northern quarter of 33.9 the state, which means the area located north of Constitutional 33.10 Route No. 8 as described in section 161.114, subdivision 2, and 33.11 that utilizes biomass residue wood, sawdust, bark, chipped wood, 33.12 or brush to generate electricity. A facility described in this 33.13 clause is not required to utilize biomass complying with the 33.14 definition in subdivision 1, but must have the capacity required 33.15 by this clause operational by December 31, 2002. 33.16 (f) If a public utility files a contract with the 33.17 commission for electric energy installed capacity that uses 33.18 poultry litter as its primary fuel source, the commission must 33.19 do a preliminary review of the contract to determine if it meets 33.20 the purchase price criteria provided in paragraph (b), clause 33.21 (2), of this subdivision. The commission shall perform its 33.22 review and advise the parties of its determination within 30 33.23 days of filing of such a contract by a public utility. A public 33.24 utility may submit by September 1, 2000, a revised contract to 33.25 address the commission's preliminary determination. 33.26 (g) The commission shall finally approve, modify, or 33.27 disapprove no later than July 1, 2001, all contracts submitted 33.28 by a public utility as of September 1, 2000, to meet the mandate 33.29 set forth in this subdivision. 33.30 (h) If a public utility subject to this section exercises 33.31 an option to increase the generating capacity of a project in a 33.32 contract approved by the commission prior to April 25, 2000, to 33.33 satisfy the mandate in this subdivision, the public utility must 33.34 notify the commission by September 1, 2000, that it has 33.35 exercised the option and include in the notice the amount of 33.36 additional megawatts to be generated under the option 34.1 exercised. Any review by the commission of the project after 34.2 exercise of such an option shall be based on the same criteria 34.3 used to review the existing contract. 34.4 (i) A facility specified in this subdivision qualifies for 34.5 exemption from property taxation under section 272.02, 34.6 subdivision 43. 34.7 Sec. 55. Minnesota Statutes 2001 Supplement, section 34.8 216B.2425, subdivision 3, is amended to read: 34.9 Subd. 3. [COMMISSION APPROVAL.] By June 1 of each 34.10 even-numbered year, the commission shall adopt a state 34.11 transmission project list and shall certify, certify as 34.12 modified, or deny certification of the projects proposed under 34.13 subdivision 2. The commission may only certify a project that 34.14 is a high-voltage transmission line as defined in section 34.15 216B.2421, subdivision 2, that the commission finds is: 34.16 (1) necessary to maintain or enhance the reliability of 34.17 electric service to Minnesota consumers; 34.18 (2) needed, applying the criteria in section 216B.24134.19 216B.243, subdivision 3; and 34.20 (3) in the public interest, taking into account electric 34.21 energy system needs and economic, environmental, and social 34.22 interests affected by the project. 34.23 Sec. 56. Minnesota Statutes 2000, section 219.98, is 34.24 amended to read: 34.25 219.98 [FEES FOR APPLYING FOR ORDER.] 34.26 A person other than the state, a state agency, or a 34.27 political subdivision, who applies for an order of the 34.28 commissioner of transportation relating to clearances under 34.29 section 219.47, permitting the abandonment or removal of track 34.30 under section 219.741, or permitting abandonment of a station or 34.31 discontinuance or reduction of agency service under section34.32 219.85, shall pay, at the time the application is filed, into 34.33 the state treasury a fee of $100. A person other than the 34.34 state, a state agency, or a political subdivision, applying for 34.35 an order of the commissioner under any other provision of this 34.36 chapter shall pay, at the time the application is filed, into 35.1 the state treasury a fee of $50. 35.2 Sec. 57. Minnesota Statutes 2000, section 221.185, 35.3 subdivision 5a, is amended to read: 35.4 Subd. 5a. [REINSTATEMENT AFTER CANCELLATION.] A motor 35.5 carrier whose permit or certificate is canceled for failure to 35.6 comply with sections 221.141 and 221.296 relating to bonds and 35.7 insurance may ask the boardcommissioner to review the 35.8 cancellation. Upon review, the boardcommissioner shall rescind 35.9 the cancellation if: (1) the motor carrier presents evidence 35.10 showing that before the effective date of the notice of 35.11 cancellation issued under subdivision 5, the motor carrier had 35.12 obtained and paid for the insurance required by sections 221.141 35.13 and 221.296, and the rules of the commissioner, and (2) the 35.14 commissioner informs the boardis satisfied that the motor 35.15 carrier has complied with the requirements of sections 221.141 35.16 and 221.296 and the rules of the commissioner. 35.17 Sec. 58. Minnesota Statutes 2000, section 222.631, 35.18 subdivision 1, is amended to read: 35.19 Subdivision 1. [TERMS.] For purposes of sections 35.20 222.631 to 222.633and 222.632, the following terms have the 35.21 meanings given them. 35.22 Sec. 59. Minnesota Statutes 2000, section 260B.171, 35.23 subdivision 5, is amended to read: 35.24 Subd. 5. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 35.25 for records relating to an offense where proceedings are public 35.26 under section 260B.163, subdivision 1, peace officers' records 35.27 of children who are or may be delinquent or who may be engaged 35.28 in criminal acts shall be kept separate from records of persons 35.29 18 years of age or older and are private data but shall be 35.30 disseminated: (1) by order of the juvenile court, (2) as 35.31 required by section 121A.28, (3) as authorized under section 35.32 13.82, subdivision 2, (4) to the child or the child's parent or 35.33 guardian unless disclosure of a record would interfere with an 35.34 ongoing investigation, (5) to the Minnesota crime victims 35.35 reparations board as required by section 611A.56, subdivision 2, 35.36 clause (f), for the purpose of processing claims for crime 36.1 victims reparations, or (6) as otherwise provided in this 36.2 subdivision. Except as provided in paragraph (c), no 36.3 photographs of a child taken into custody may be taken without 36.4 the consent of the juvenile court unless the child is alleged to 36.5 have violated section 169A.20. Peace officers' records 36.6 containing data about children who are victims of crimes or 36.7 witnesses to crimes must be administered consistent with section 36.8 13.82, subdivisions 2, 3, 46, and 1017. Any person violating 36.9 any of the provisions of this subdivision shall be guilty of a 36.10 misdemeanor. 36.11 In the case of computerized records maintained about 36.12 juveniles by peace officers, the requirement of this subdivision 36.13 that records about juveniles must be kept separate from adult 36.14 records does not mean that a law enforcement agency must keep 36.15 its records concerning juveniles on a separate computer system. 36.16 Law enforcement agencies may keep juvenile records on the same 36.17 computer as adult records and may use a common index to access 36.18 both juvenile and adult records so long as the agency has in 36.19 place procedures that keep juvenile records in a separate place 36.20 in computer storage and that comply with the special data 36.21 retention and other requirements associated with protecting data 36.22 on juveniles. 36.23 (b) Nothing in this subdivision prohibits the exchange of 36.24 information by law enforcement agencies if the exchanged 36.25 information is pertinent and necessary for law enforcement 36.26 purposes. 36.27 (c) A photograph may be taken of a child taken into custody 36.28 pursuant to section 260B.175, subdivision 1, clause (b), 36.29 provided that the photograph must be destroyed when the child 36.30 reaches the age of 19 years. The commissioner of corrections 36.31 may photograph juveniles whose legal custody is transferred to 36.32 the commissioner. Photographs of juveniles authorized by this 36.33 paragraph may be used only for institution management purposes, 36.34 case supervision by parole agents, and to assist law enforcement 36.35 agencies to apprehend juvenile offenders. The commissioner 36.36 shall maintain photographs of juveniles in the same manner as 37.1 juvenile court records and names under this section. 37.2 (d) Traffic investigation reports are open to inspection by 37.3 a person who has sustained physical harm or economic loss as a 37.4 result of the traffic accident. Identifying information on 37.5 juveniles who are parties to traffic accidents may be disclosed 37.6 as authorized under section 13.82, subdivision 4, and accident 37.7 reports required under section 169.09 may be released under 37.8 section 169.09, subdivision 13, unless the information would 37.9 identify a juvenile who was taken into custody or who is 37.10 suspected of committing an offense that would be a crime if 37.11 committed by an adult, or would associate a juvenile with the 37.12 offense, and the offense is not an adult court traffic offense 37.13 under section 260B.225. 37.14 (e) A law enforcement agency shall notify the principal or 37.15 chief administrative officer of a juvenile's school of an 37.16 incident occurring within the agency's jurisdiction if: 37.17 (1) the agency has probable cause to believe that the 37.18 juvenile has committed an offense that would be a crime if 37.19 committed as an adult, that the victim of the offense is a 37.20 student or staff member of the school, and that notice to the 37.21 school is reasonably necessary for the protection of the victim; 37.22 or 37.23 (2) the agency has probable cause to believe that the 37.24 juvenile has committed an offense described in subdivision 3, 37.25 paragraph (a), clauses (1) to (3), that would be a crime if 37.26 committed by an adult, regardless of whether the victim is a 37.27 student or staff member of the school. 37.28 A law enforcement agency is not required to notify the 37.29 school under this paragraph if the agency determines that notice 37.30 would jeopardize an ongoing investigation. Notwithstanding 37.31 section 138.17, data from a notice received from a law 37.32 enforcement agency under this paragraph must be destroyed when 37.33 the juvenile graduates from the school or at the end of the 37.34 academic year when the juvenile reaches age 23, whichever date 37.35 is earlier. For purposes of this paragraph, "school" means a 37.36 public or private elementary, middle, or secondary school. 38.1 (f) In any county in which the county attorney operates or 38.2 authorizes the operation of a juvenile prepetition or pretrial 38.3 diversion program, a law enforcement agency or county attorney's 38.4 office may provide the juvenile diversion program with data 38.5 concerning a juvenile who is a participant in or is being 38.6 considered for participation in the program. 38.7 (g) Upon request of a local social services agency, peace 38.8 officer records of children who are or may be delinquent or who 38.9 may be engaged in criminal acts may be disseminated to the 38.10 agency to promote the best interests of the subject of the data. 38.11 (h) Upon written request, the prosecuting authority shall 38.12 release investigative data collected by a law enforcement agency 38.13 to the victim of a criminal act or alleged criminal act or to 38.14 the victim's legal representative, except as otherwise provided 38.15 by this paragraph. Data shall not be released if: 38.16 (1) the release to the individual subject of the data would 38.17 be prohibited under section 13.821; or 38.18 (2) the prosecuting authority reasonably believes: 38.19 (i) that the release of that data will interfere with the 38.20 investigation; or 38.21 (ii) that the request is prompted by a desire on the part 38.22 of the requester to engage in unlawful activities. 38.23 Sec. 60. Minnesota Statutes 2001 Supplement, section 38.24 268.052, subdivision 1, is amended to read: 38.25 Subdivision 1. [PAYMENTS.] In lieu of taxes payable on a 38.26 quarterly basis, the state of Minnesota or its political 38.27 subdivisions shall pay into the fund the amount of unemployment 38.28 benefits charged to its reimbursable account under section 38.29 268.047. Payments in the amount of unemployment benefits 38.30 charged to the reimbursable account during a calendar quarter 38.31 shall be made on or before the last day of the month following 38.32 the month that the notice of unemployment benefits paid is sent 38.33 pursuant to section 268.047, subdivision 65. Past due payments 38.34 in lieu of taxes shall be subject to the same interest charges 38.35 and collection procedures that apply to past due taxes. 38.36 Sec. 61. Minnesota Statutes 2001 Supplement, section 39.1 270.07, subdivision 3a, is amended to read: 39.2 Subd. 3a. [APPROPRIATION.] An amount sufficient for the 39.3 reissuance of rebate warrants authorized under this section39.4 subdivision 3, paragraph (f), is appropriated to the 39.5 commissioner from the general fund. 39.6 Sec. 62. Minnesota Statutes 2000, section 270.708, 39.7 subdivision 1, is amended to read: 39.8 Subdivision 1. [COLLECTION OF LIABILITY.] Any money 39.9 realized by proceedings under this chapter, whether by seizure, 39.10 by surrender under section 270.70 (except pursuant to39.11 subdivision 9 thereof), by sale of seized property, by sale of 39.12 property redeemed by the state of Minnesota (if the interest of 39.13 the state of Minnesota in the property was a lien arising under 39.14 the provisions of section 270.69), or by agreement, arrangement, 39.15 or any other means shall be applied as follows: 39.16 (a) First, against the expenses of the proceedings; then 39.17 (b) If the property seized and sold is subject to a tax 39.18 administered by the commissioner of revenue which has not been 39.19 paid, the amount remaining after applying clause (a) shall next 39.20 be applied against the tax liability (and, if the tax was not 39.21 previously assessed, it shall then be assessed); and 39.22 (c) The amount, if any, remaining after applying clauses 39.23 (a) and (b) shall be applied against the tax liability in 39.24 respect of which the levy was made or the sale was conducted. 39.25 Sec. 63. Minnesota Statutes 2000, section 270B.15, is 39.26 amended to read: 39.27 270B.15 [DISCLOSURE TO LEGISLATIVE AUDITOR.] 39.28 Returns and return information must be disclosed to the 39.29 legislative auditor to the extent necessary for the legislative 39.30 auditor to carry out sections 3.97 to 3.983.979. 39.31 Sec. 64. Minnesota Statutes 2001 Supplement, section 39.32 275.28, subdivision 1, is amended to read: 39.33 Subdivision 1. [AUDITOR TO MAKE.] The county auditor shall 39.34 make out the tax lists according to the prescribed form, and to 39.35 correspond with the assessment districts. The rate percent 39.36 necessary to raise the required amount of the various taxes 40.1 shall be calculated on the net tax capacity of property as 40.2 determined by the state board of equalization, but, in 40.3 calculating such rates, no rate shall be used resulting in a 40.4 fraction other than a decimal fraction, or less than a gross 40.5 local tax rate of .01 percent or a net local tax rate of .01 40.6 percent; and, in extending any tax, whenever it amounts to the 40.7 fractional part of a cent, it shall be made one cent. The tax 40.8 lists shall also be made out to correspond with the assessment 40.9 books in reference to ownership and description of property, 40.10 with columns for the valuation and for the various items of tax 40.11 included in the total amount of all taxes set down opposite each 40.12 description. The auditor shall enter both the state tax 40.13 determined under sections 275.02 and 275.025, and the local 40.14 taxestax determined under sectionssection 275.08 and40.15 275.083, on the tax lists. The total ad valorem property tax 40.16 for each description of property before credits is the sum of 40.17 the amounts of the various local taxes that apply to the parcel 40.18 plus the amount of any applicable state tax. Opposite each 40.19 description which has been sold for taxes, and which is subject 40.20 to redemption, but not redeemed, shall be placed the words "sold 40.21 for taxes." The amount of all special taxes shall be entered in 40.22 the proper columns, but the general taxes may be shown by 40.23 entering the rate percent of each tax at the head of the proper 40.24 columns, without extending the same, in which case a schedule of 40.25 the rates percent of such taxes shall be made on the first page 40.26 of each tax list. If the auditor fails to enter on any such 40.27 list before its delivery to the treasurer any tax levied, the 40.28 tax may be subsequently entered. The tax lists shall be deemed 40.29 completed, and all taxes extended thereon, as of January 1 40.30 annually. 40.31 Sec. 65. Minnesota Statutes 2001 Supplement, section 40.32 275.70, subdivision 5, is amended to read: 40.33 Subd. 5. [SPECIAL LEVIES.] "Special levies" means those 40.34 portions of ad valorem taxes levied by a local governmental unit 40.35 for the following purposes or in the following manner: 40.36 (1) to pay the costs of the principal and interest on 41.1 bonded indebtedness or to reimburse for the amount of liquor 41.2 store revenues used to pay the principal and interest due on 41.3 municipal liquor store bonds in the year preceding the year for 41.4 which the levy limit is calculated; 41.5 (2) to pay the costs of principal and interest on 41.6 certificates of indebtedness issued for any corporate purpose 41.7 except for the following: 41.8 (i) tax anticipation or aid anticipation certificates of 41.9 indebtedness; 41.10 (ii) certificates of indebtedness issued under sections 41.11 298.28 and 298.282; 41.12 (iii) certificates of indebtedness used to fund current 41.13 expenses or to pay the costs of extraordinary expenditures that 41.14 result from a public emergency; or 41.15 (iv) certificates of indebtedness used to fund an 41.16 insufficiency in tax receipts or an insufficiency in other 41.17 revenue sources; 41.18 (3) to provide for the bonded indebtedness portion of 41.19 payments made to another political subdivision of the state of 41.20 Minnesota; 41.21 (4) to fund payments made to the Minnesota state armory 41.22 building commission under section 193.145, subdivision 2, to 41.23 retire the principal and interest on armory construction bonds; 41.24 (5) property taxes approved by voters which are levied 41.25 against the referendum market value as provided under section 41.26 275.61; 41.27 (6) to fund matching requirements needed to qualify for 41.28 federal or state grants or programs to the extent that either 41.29 (i) the matching requirement exceeds the matching requirement in 41.30 calendar year 2001, or (ii) it is a new matching requirement 41.31 that didn't exist prior to 2002; 41.32 (7) to pay the expenses reasonably and necessarily incurred 41.33 in preparing for or repairing the effects of natural disaster 41.34 including the occurrence or threat of widespread or severe 41.35 damage, injury, or loss of life or property resulting from 41.36 natural causes, in accordance with standards formulated by the 42.1 emergency services division of the state department of public 42.2 safety, as allowed by the commissioner of revenue under section 42.3 275.74, paragraph (b)subdivision 2; 42.4 (8) pay amounts required to correct an error in the levy 42.5 certified to the county auditor by a city or county in a levy 42.6 year, but only to the extent that when added to the preceding 42.7 year's levy it is not in excess of an applicable statutory, 42.8 special law or charter limitation, or the limitation imposed on 42.9 the governmental subdivision by sections 275.70 to 275.74 in the 42.10 preceding levy year; 42.11 (9) to pay an abatement under section 469.1815; 42.12 (10) to pay any costs attributable to increases in the 42.13 employer contribution rates under chapter 353 that are effective 42.14 after June 30, 2001; 42.15 (11) to pay the operating or maintenance costs of a county 42.16 jail as authorized in section 641.01 or 641.262, or of a 42.17 correctional facility as defined in section 241.021, subdivision 42.18 1, paragraph (5), to the extent that the county can demonstrate 42.19 to the commissioner of revenue that the amount has been included 42.20 in the county budget as a direct result of a rule, minimum 42.21 requirement, minimum standard, or directive of the department of 42.22 corrections, or to pay the operating or maintenance costs of a 42.23 regional jail as authorized in section 641.262. For purposes of 42.24 this clause, a district court order is not a rule, minimum 42.25 requirement, minimum standard, or directive of the department of 42.26 corrections. If the county utilizes this special levy, any 42.27 amount levied by the county in the previous levy year for the 42.28 purposes specified under this clause and included in the 42.29 county's previous year's levy limitation computed under section 42.30 275.71, shall be deducted from the levy limit base under section 42.31 275.71, subdivision 2, when determining the county's current 42.32 year levy limitation. The county shall provide the necessary 42.33 information to the commissioner of revenue for making this 42.34 determination; 42.35 (12) to pay for operation of a lake improvement district, 42.36 as authorized under section 103B.555. If the county utilizes 43.1 this special levy, any amount levied by the county in the 43.2 previous levy year for the purposes specified under this clause 43.3 and included in the county's previous year's levy limitation 43.4 computed under section 275.71 shall be deducted from the levy 43.5 limit base under section 275.71, subdivision 2, when determining 43.6 the county's current year levy limitation. The county shall 43.7 provide the necessary information to the commissioner of revenue 43.8 for making this determination; 43.9 (13) to repay a state or federal loan used to fund the 43.10 direct or indirect required spending by the local government due 43.11 to a state or federal transportation project or other state or 43.12 federal capital project. This authority may only be used if the 43.13 project is not a local government initiative; 43.14 (14) for counties only, to pay the costs reasonably 43.15 expected to be incurred in 2002 related to the redistricting of 43.16 election districts and establishment of election precincts under 43.17 sections 204B.135 and 204B.14, the notice required by section 43.18 204B.14, subdivision 4, and the reassignment of voters in the 43.19 statewide registration system, not to exceed $1 per capita, 43.20 provided that the county shall distribute a portion of the 43.21 amount levied under this clause equal to 25 cents times the 43.22 population of the city to all cities in the county with a 43.23 population of 30,000 or more; and 43.24 (15) to pay for court administration costs as required 43.25 under section 273.1398, subdivision 4b; however, for taxes 43.26 levied to pay for these costs in the year in which the court 43.27 financing is transferred to the state, the amount under this 43.28 section is limited to one-third of the aid reduction under 43.29 section 273.1398, subdivision 4a. 43.30 Sec. 66. Minnesota Statutes 2001 Supplement, section 43.31 290A.03, subdivision 13, is amended to read: 43.32 Subd. 13. [PROPERTY TAXES PAYABLE.] "Property taxes 43.33 payable" means the property tax exclusive of special 43.34 assessments, penalties, and interest payable on a claimant's 43.35 homestead after deductions made under sections 273.135, 273.138243.36 273.1384, 273.1391, 273.42, subdivision 2, and any other state 44.1 paid property tax credits in any calendar year, and after any 44.2 refund claimed and allowable under section 290A.04, subdivision 44.3 2h, that is first payable in the year that the property tax is 44.4 payable. In the case of a claimant who makes ground lease 44.5 payments, "property taxes payable" includes the amount of the 44.6 payments directly attributable to the property taxes assessed 44.7 against the parcel on which the house is located. No 44.8 apportionment or reduction of the "property taxes payable" shall 44.9 be required for the use of a portion of the claimant's homestead 44.10 for a business purpose if the claimant does not deduct any 44.11 business depreciation expenses for the use of a portion of the 44.12 homestead in the determination of federal adjusted gross 44.13 income. For homesteads which are manufactured homes as defined 44.14 in section 273.125, subdivision 8, and for homesteads which are 44.15 park trailers taxed as manufactured homes under section 168.012, 44.16 subdivision 9, "property taxes payable" shall also include 19 44.17 percent of the gross rent paid in the preceding year for the 44.18 site on which the homestead is located. When a homestead is 44.19 owned by two or more persons as joint tenants or tenants in 44.20 common, such tenants shall determine between them which tenant 44.21 may claim the property taxes payable on the homestead. If they 44.22 are unable to agree, the matter shall be referred to the 44.23 commissioner of revenue whose decision shall be final. Property 44.24 taxes are considered payable in the year prescribed by law for 44.25 payment of the taxes. 44.26 In the case of a claim relating to "property taxes 44.27 payable," the claimant must have owned and occupied the 44.28 homestead on January 2 of the year in which the tax is payable 44.29 and (i) the property must have been classified as homestead 44.30 property pursuant to section 273.124, on or before December 15 44.31 of the assessment year to which the "property taxes payable" 44.32 relate; or (ii) the claimant must provide documentation from the 44.33 local assessor that application for homestead classification has 44.34 been made on or before December 15 of the year in which the 44.35 "property taxes payable" were payable and that the assessor has 44.36 approved the application. 45.1 Sec. 67. Minnesota Statutes 2001 Supplement, section 45.2 297A.668, subdivision 3, is amended to read: 45.3 Subd. 3. [DEFINITION OF TERMS.] For purposes of this 45.4 section, the terms "receive" and "receipt" mean taking 45.5 possession of tangible personal property, making first use of 45.6 services, or taking possession ofor making first use of digital 45.7 goods, whichever occurs first. The terms receive and receipt do 45.8 not include possession by a carrier for hire on behalf of the 45.9 purchaser. 45.10 Sec. 68. Minnesota Statutes 2000, section 297B.035, 45.11 subdivision 3, is amended to read: 45.12 Subd. 3. [SALE IN VIOLATION OF LICENSING REQUIREMENT.] 45.13 Motor vehicles sold by a new motor vehicle dealer in 45.14 contravention of section 168.27, subdivision 10, paragraph (a), 45.15 clause (1)(ii), shall not be considered to have been acquired or 45.16 purchased for resale in the ordinary or regular course of 45.17 business for the purposes of this chapter, and the dealer shall 45.18 be required to pay the excise tax due on the purchase of those 45.19 vehicles. The sale by a lessor of a new motor vehicle under 45.20 lease within 120 days of the commencement of the lease is deemed 45.21 a sale in contravention of section 168.27, subdivision 10, 45.22 paragraph (a), clause (1)(ii), unless the lessor holds a valid 45.23 contract or franchise with the manufacturer or distributor of 45.24 the vehicle. Notwithstanding section 297B.11, the rights of a 45.25 dealer to appeal any amounts owed by the dealer under this 45.26 subdivision are governed exclusively by the hearing procedure 45.27 under section 168.27, subdivision 13. 45.28 Sec. 69. Minnesota Statutes 2000, section 297I.05, 45.29 subdivision 12, is amended to read: 45.30 Subd. 12. [OTHER ENTITIES.] (a) A tax is imposed equal to 45.31 two percent of: 45.32 (1) gross premiums less return premiums written for risks 45.33 resident or located in Minnesota by a risk retention group; 45.34 (2) gross premiums less return premiums received by an 45.35 attorney in fact acting in accordance with chapter 71A; 45.36 (3) gross premiums less return premiums received pursuant 46.1 to assigned risk policies and contracts of coverage under 46.2 chapter 79; 46.3 (4) the direct funded premium received by the reinsurance 46.4 association under section 79.34 from self-insurers approved 46.5 under section 176.181 and political subdivisions that 46.6 self-insure; 46.7 (5) gross premiums less return premiums received by a 46.8 nonprofit health service plan corporation authorized under 46.9 chapter 62C; and 46.10 (6) gross premiums less return premiums paid to an insurer 46.11 other than a licensed insurance company or a surplus lines 46.12 licensee for coverage of risks resident or located in Minnesota 46.13 by a purchasing group or any members of the purchasing group to 46.14 a broker or agent for the purchasing group. 46.15 (b) A tax is imposed on the state fund mutual insurance46.16 company established under chapter 176A. The tax must be46.17 computed in the same manner as mutual insurance companies under46.18 subdivisions 1, 3, and 4.46.19 (c)A tax is imposed on a joint self-insurance plan 46.20 operating under chapter 60F. The rate of tax is equal to two 46.21 percent of the total amount of claims paid during the fund year, 46.22 with no deduction for claims wholly or partially reimbursed 46.23 through stop-loss insurance. 46.24 (d)(c) A tax is imposed on a joint self-insurance plan 46.25 operating under chapter 62H. The rate of tax is equal to two 46.26 percent of the total amount of claims paid during the fund's 46.27 fiscal year, with no deduction for claims wholly or partially 46.28 reimbursed through stop-loss insurance. 46.29 (e)(d) A tax is imposed equal to the tax imposed under 46.30 section 297I.05, subdivision 5, on the gross premiums less 46.31 return premiums on all coverages received by an accountable 46.32 provider network or agents of an accountable provider network in 46.33 Minnesota, in cash or otherwise, during the year. 46.34 Sec. 70. Minnesota Statutes 2000, section 297I.30, 46.35 subdivision 1, is amended to read: 46.36 Subdivision 1. [GENERAL RULE.] On or before March 1, every 47.1 insurer subject to taxation under section 297I.05, subdivisions 47.2 1 to 6, and 12, paragraphs (a), clauses (1) to (5), and (b), and47.3 (e),shall file an annual return for the preceding calendar year 47.4 setting forth such information as the commissioner may 47.5 reasonably require on forms prescribed by the commissioner. 47.6 Sec. 71. Minnesota Statutes 2000, section 297I.30, 47.7 subdivision 5, is amended to read: 47.8 Subd. 5. [JOINT SELF-INSURANCE PLANS.] On or before 60 47.9 days following the conclusion of their fiscal year, a plan 47.10 subject to tax under section 297I.05, subdivision 12, paragraph 47.11 (c)(b) or (d)(c), shall file a return with the commissioner 47.12 for the preceding fiscal year setting forth any information the 47.13 commissioner reasonably requires on forms prescribed by the 47.14 commissioner. 47.15 Sec. 72. Minnesota Statutes 2000, section 299F.11, 47.16 subdivision 2, is amended to read: 47.17 Subd. 2. [AUCTION FOR SALVAGE MATERIAL.] In all cases 47.18 where the order of the court has not been complied with and the 47.19 state fire marshal is authorized to proceed with the demolition 47.20 of any building or structure, the state fire marshal shall sell 47.21 and dispose of the salvage materials therefrom at public auction 47.22 upon three days' posted notice and all expenses incurred by the 47.23 state fire marshal shall be paid out of the moneys received from 47.24 the auction of salvage material , and any deficit remaining47.25 unpaid thereafter may be paid out of the funds created by and47.26 provided for in section 299F.21. Should any surplus remain of 47.27 the amount received for salvage material, after deducting the 47.28 expenses incurred by the state fire marshal, this surplus shall 47.29 be paid to the treasurer of the county where the property was 47.30 situated to be distributed by the treasurer as provided by law. 47.31 Sec. 73. Minnesota Statutes 2001 Supplement, section 47.32 336.9-334, is amended to read: 47.33 336.9-334 [PRIORITY OF SECURITY INTERESTS IN FIXTURES AND 47.34 CROPS.] 47.35 (a) [SECURITY INTEREST IN FIXTURES UNDER THIS ARTICLE.] A 47.36 security interest under this article may be created in goods 48.1 that are fixtures or may continue in goods that become 48.2 fixtures. A security interest does not exist under this article 48.3 in ordinary building materials incorporated into an improvement 48.4 on land. 48.5 (b) [SECURITY INTEREST IN FIXTURES UNDER REAL PROPERTY 48.6 LAW.] This article does not prevent creation of an encumbrance 48.7 upon fixtures under real property law. 48.8 (c) [GENERAL RULE: SUBORDINATION OF SECURITY INTEREST IN 48.9 FIXTURES.] In cases not governed by subsections (d) through (h), 48.10 a security interest in fixtures is subordinate to a conflicting 48.11 interest of an encumbrancer or owner of the related real 48.12 property other than the debtor. 48.13 (d) [FIXTURES PURCHASE-MONEY PRIORITY.] Except as 48.14 otherwise provided in subsection (h), a perfected security 48.15 interest in fixtures has priority over a conflicting interest of 48.16 an encumbrancer or owner of the real property if the debtor has 48.17 an interest of record in or is in possession of the real 48.18 property and: 48.19 (1) the security interest is a purchase-money security 48.20 interest; 48.21 (2) the interest of the encumbrancer or owner arises before 48.22 the goods become fixtures; and 48.23 (3) the security interest is perfected by a fixture filing 48.24 before the goods become fixtures or within 20 days thereafter. 48.25 (e) [PRIORITY OF SECURITY INTEREST IN FIXTURES OVER 48.26 INTERESTS IN REAL PROPERTY.] A perfected security interest in 48.27 fixtures has priority over a conflicting interest of an 48.28 encumbrancer or owner of the real property if: 48.29 (1) the debtor has an interest of record in the real 48.30 property or is in possession of the real property and the 48.31 security interest: 48.32 (A) is perfected by a fixture filing before the interest of 48.33 the encumbrancer or owner is of record; and 48.34 (B) has priority over any conflicting interest of a 48.35 predecessor in title of the encumbrancer or owner; 48.36 (2) before the goods become fixtures, the security interest 49.1 is perfected by any method permitted by this article and the 49.2 fixtures are readily removable: 49.3 (A) factory or office machines; 49.4 (B) equipment that is not primarily used or leased for use 49.5 in the operation of the real property; or 49.6 (C) replacements of domestic appliances that are consumer 49.7 goods; 49.8 (3) the conflicting interest is a lien on the real property 49.9 obtained by legal or equitable proceedings after the security 49.10 interest was perfected by any method permitted by this article; 49.11 or 49.12 (4) the security interest is: 49.13 (A) created in a manufactured home in a manufactured home 49.14 transaction; and 49.15 (B) perfected pursuant to a statute described in section 49.16 336.9-311(a)(2). 49.17 (f) [PRIORITY BASED ON CONSENT, DISCLAIMER, OR RIGHT TO 49.18 REMOVE.] A security interest in fixtures, whether or not 49.19 perfected, has priority over a conflicting interest of an 49.20 encumbrancer or owner of the real property if: 49.21 (1) the encumbrancer or owner has, in an authenticated 49.22 record, consented to the security interest or disclaimed an 49.23 interest in the goods as fixtures; or 49.24 (2) the debtor has a right to remove the goods as against 49.25 the encumbrancer or owner. 49.26 (g) [CONTINUATION OF PARAGRAPH (F)(2) PRIORITY.] The 49.27 priority of the security interest under paragraph (f)(2) 49.28 continues for a reasonable time if the debtor's right to remove 49.29 the goods as against the encumbrancer or owner terminates. 49.30 (h) [PRIORITY OF CONSTRUCTION MORTGAGE.] A mortgage is a 49.31 construction mortgage to the extent that it secures an 49.32 obligation incurred for the construction of an improvement on 49.33 land, including the acquisition cost of the land, if a recorded 49.34 record of the mortgage so indicates. Except as otherwise 49.35 provided in subsections (e) and (f), a security interest in 49.36 fixtures is subordinate to a construction mortgage if a record 50.1 of the mortgage is recorded before the goods become fixtures and 50.2 the goods become fixtures before the completion of the 50.3 construction. A mortgage has this priority to the same extent 50.4 as a construction mortgage to the extent that it is given to 50.5 refinance a construction mortgage. 50.6 (i) [PRIORITY OF SECURITY INTEREST IN CROPS.] A perfected 50.7 security interest in crops growing on real property has priority 50.8 over a conflicting interest of an encumbrancer or owner of the 50.9 real property except a perfected landlord's lien if the debtor 50.10 has an interest of record in or is in possession of the real 50.11 property. 50.12 (j) [SUBSECTION (I) PREVAILS.] Subsection (i) prevails 50.13 over any inconsistent provisions of the following statutes:50.14 (1) section 557.12; and50.15 (2)section 559.2091. 50.16 Sec. 74. Minnesota Statutes 2000, section 349.163, 50.17 subdivision 6, is amended to read: 50.18 Subd. 6. [SAMPLES OF GAMBLING EQUIPMENT.] The board shall 50.19 require each licensed manufacturer to submit to the board one or 50.20 more samples of each item of gambling equipment the manufacturer 50.21 manufactures for use or resale in this state. The board shall 50.22 inspect and test all the equipment it deems necessary to 50.23 determine the equipment's compliance with law and board rules. 50.24 Samples required under this subdivision must be approved by the 50.25 board before the equipment being sampled is shipped into or sold 50.26 for use or resale in this state. The board may request the 50.27 assistance of the commissioner of public safety and the director 50.28 of the state lottery boardin performing the tests. 50.29 Sec. 75. Minnesota Statutes 2000, section 349A.10, 50.30 subdivision 5, is amended to read: 50.31 Subd. 5. [DEPOSIT OF NET PROCEEDS.] Within 30 days after 50.32 the end of each month, the director shall deposit in the state 50.33 treasury the net proceeds of the lottery, which is the balance 50.34 in the lottery fund after transfers to the lottery prize fund 50.35 and credits to the lottery operations account. Of the net 50.36 proceeds, 40 percent must be credited to the Minnesota 51.1 environment and natural resources trust fund ,and during any51.2 period in which bonds are issued and outstanding under section51.3 16A.67,the remainder must be credited to the special revenue51.4 fund created in section 16A.67, subdivision 3, provided that if51.5 bonds are not issued and outstanding under section 16A.67, such51.6 remainder must be credited to the general fund. Money credited51.7 to the special revenue fund must be transferred to the debt51.8 service fund established in section 16A.67, subdivision 4, at51.9 the times and in the amounts determined by the commissioner of51.10 finance to be necessary to provide for the payment and security51.11 of bonds issued pursuant to section 16A.67. On or before the51.12 tenth day of each month, any money in the special revenue fund51.13 not required to be transferred to the debt service fund must be51.14 transferred to the general fund.51.15 Sec. 76. Minnesota Statutes 2000, section 352D.02, 51.16 subdivision 1, is amended to read: 51.17 Subdivision 1. [COVERAGE.] (a) Employees enumerated in 51.18 paragraph (c), clauses (2), (3), (4), and (6) to (14), if they 51.19 are in the unclassified service of the state or metropolitan 51.20 council and are eligible for coverage under the general state 51.21 employees retirement plan under chapter 352, are participants in 51.22 the unclassified plan under this chapter unless the employee 51.23 gives notice to the executive director of the Minnesota state 51.24 retirement system within one year following the commencement of 51.25 employment in the unclassified service that the employee desires 51.26 coverage under the general state employees retirement plan. For 51.27 the purposes of this chapter, an employee who does not file 51.28 notice with the executive director is deemed to have exercised 51.29 the option to participate in the unclassified plan. 51.30 (b) Persons referenced in paragraph (c), clauses (1) and 51.31 (5), are participants in the unclassified program under this 51.32 chapter unless the person is eligible to elect different 51.33 coverage under section 3A.07 or 352C.011 and, after July 1, 51.34 1998, elects retirement coverage by the applicable alternative 51.35 retirement plan. Persons referenced in paragraph (c), clause 51.36 (15), are participants in the unclassified program under this 52.1 chapter for judicial employment in excess of the service credit 52.2 limit in section 490.121, subdivision 22. 52.3 (c) Enumerated employees and referenced persons are: 52.4 (1) the governor, the lieutenant governor, the secretary of 52.5 state, the state auditor, the state treasurer, and the attorney 52.6 general; 52.7 (2) an employee in the office of the governor, lieutenant 52.8 governor, secretary of state, state auditor, state treasurer, 52.9 attorney general; 52.10 (3) an employee of the state board of investment; 52.11 (4) the head of a department, division, or agency created 52.12 by statute in the unclassified service, an acting department 52.13 head subsequently appointed to the position, or an employee 52.14 enumerated in section 15A.0815 or 15A.083, subdivision 4; 52.15 (5) a member of the legislature; 52.16 (6) a full-time unclassified employee of the legislature or 52.17 a commission or agency of the legislature who is appointed 52.18 without a limit on the duration of the employment or a temporary 52.19 legislative employee having shares in the supplemental 52.20 retirement fund as a result of former employment covered by this 52.21 chapter, whether or not eligible for coverage under the 52.22 Minnesota state retirement system; 52.23 (7) a person who is employed in a position established 52.24 under section 43A.08, subdivision 1, clause (3), or in a 52.25 position authorized under a statute creating or establishing a 52.26 department or agency of the state, which is at the deputy or 52.27 assistant head of department or agency or director level; 52.28 (8) the regional administrator, or executive director of 52.29 the metropolitan council, general counsel, division directors, 52.30 operations managers, and other positions as designated by the 52.31 council, all of which may not exceed 27 positions at the council 52.32 and the chair; 52.33 (9) the executive director, associate executive director, 52.34 and not to exceed nine positions of the higher education 52.35 services office in the unclassified service, as designated by 52.36 the higher education services office before January 1, 1992, or 53.1 subsequently redesignated with the approval of the board of 53.2 directors of the Minnesota state retirement system, unless the 53.3 person has elected coverage by the individual retirement account 53.4 plan under chapter 354B; 53.5 (10) the clerk of the appellate courts appointed under 53.6 article VI, section 2, of the Constitution of the state of 53.7 Minnesota; 53.8 (11) the chief executive officers of correctional 53.9 facilities operated by the department of corrections and of 53.10 hospitals and nursing homes operated by the department of human 53.11 services; 53.12 (12) an employee whose principal employment is at the state 53.13 ceremonial house; 53.14 (13) an employee of the Minnesota educational computing 53.15 corporation; 53.16 (14) an employee of the state lottery boardwho is covered 53.17 by the managerial plan established under section 43A.18, 53.18 subdivision 3; and 53.19 (15) a judge who has exceeded the service credit limit in 53.20 section 490.121, subdivision 22. 53.21 Sec. 77. Minnesota Statutes 2001 Supplement, section 53.22 356.62, is amended to read: 53.23 356.62 [PAYMENT OF EMPLOYEE CONTRIBUTION.] 53.24 For purposes of any public pension plan, as defined in 53.25 section 365.615356.615, paragraph (b), each employer shall pick 53.26 up the employee contributions required pursuant to law or the 53.27 pension plan for all salary payable after December 31, 1982. If 53.28 the United States Treasury department rules that pursuant to 53.29 section 414(h) of the Internal Revenue Code of 1986, as amended 53.30 through December 31, 1992, that these picked up contributions 53.31 are not includable in the employee's adjusted gross income until 53.32 they are distributed or made available, then these picked up 53.33 contributions shall be treated as employer contributions in 53.34 determining tax treatment pursuant to the Internal Revenue Code 53.35 of 1986, as amended through December 31, 1992, and the employer 53.36 shall discontinue withholding federal income taxes on the amount 54.1 of these contributions. The employer shall pay these picked up 54.2 contributions from the same source of funds as is used to pay 54.3 the salary of the employee. The employer shall pick up these 54.4 employee contributions by a reduction in the cash salary of the 54.5 employee. 54.6 Employee contributions that are picked up shall be treated 54.7 for all purposes of the public pension plan in the same manner 54.8 and to the same extent as employee contributions that were made 54.9 prior to the date on which the employee contributions pick up 54.10 began. The amount of the employee contributions that are picked 54.11 up shall be included in the salary upon which retirement 54.12 coverage is credited and retirement and survivor's benefits are 54.13 determined. For purposes of this section, "employee" means any 54.14 person covered by a public pension plan. For purposes of this 54.15 section, "employee contributions" include any sums deducted from 54.16 the employee's salary or wages or otherwise paid in lieu 54.17 thereof, regardless of whether they are denominated 54.18 contributions by the public pension plan. 54.19 For any calendar year in which withholding has been reduced 54.20 pursuant to this section, the employing unit shall supply each 54.21 employee and the commissioner of revenue with an information 54.22 return indicating the amount of the employer's picked-up 54.23 contributions for the calendar year that were not subject to 54.24 withholding. This return shall be provided to the employee not 54.25 later than January 31 of the succeeding calendar year. The 54.26 commissioner of revenue shall prescribe the form of the return 54.27 and the provisions of section 289A.12 shall apply to the extent 54.28 not inconsistent with the provisions of this section. 54.29 Sec. 78. Minnesota Statutes 2001 Supplement, section 54.30 376.08, subdivision 2, is amended to read: 54.31 Subd. 2. [HOSPITAL REMODELING OR ADDITIONS; FINANCING.] A 54.32 county hospital may by majority vote of its board of 54.33 commissioners, or if the hospital has been leased to another 54.34 entity under section 376.06, subdivision 1, or 447.47, by 54.35 majority vote of the board of directors of that entity, enter 54.36 into projects for the construction of an addition or remodeling 55.1 to its presently existing facility or the acquisition of 55.2 equipment as described in this subdivision without complying 55.3 with the dollar limitation of subdivision 1 or the election55.4 requirements of section 376.03. This subdivision applies to 55.5 projects in which the funds for the project are derived from 55.6 dedicated, restricted, or other designated accounts, from the 55.7 hospital's depreciation fund, or from the issuance of bonds 55.8 authorized under other law. An addition to a current hospital 55.9 under this subdivision may include construction of buildings 55.10 physically separate from the present hospital building, as well 55.11 as additions to the present building, if the new buildings are 55.12 constructed on the hospital's existing premises. 55.13 This subdivision does not affect the ability of the 55.14 hospital board to approve funds for improvements or remodeling 55.15 of a hospital facility under other law. 55.16 Sec. 79. Minnesota Statutes 2000, section 383C.19, is 55.17 amended to read: 55.18 383C.19 [EMERGENCY JOBS PROGRAM.] 55.19 St. Louis county may establish an emergency employment 55.20 program to meet the needs of its unemployed residents. The 55.21 county board of commissioners shall establish rules governing 55.22 the operation of the employment program. Rules shall include 55.23 but not be limited to number of hours worked, wages, benefits, 55.24 and methods and terms of payment. Limits imposed by civil 55.25 service rules shall not apply to an emergency jobs program 55.26 established under the authority of this section. Service in a 55.27 St. Louis county emergency jobs program shall not constitute 55.28 employment under chapter 268 but shall come within the exclusion 55.29 established in section 268.04268.035, subdivision 1220, clause 55.30 (10) (d), and St. Louis county shall not be liable for 55.31 contributions to the unemployment insurance program trust fund 55.32 for participants of an emergency jobs program. 55.33 Sec. 80. Minnesota Statutes 2000, section 401.05, 55.34 subdivision 3, is amended to read: 55.35 Subd. 3. [LEASING.] (a) A county or joint powers board of 55.36 a group of counties which acquires or constructs and equips or 56.1 improves facilities under this chapter may, with the approval of 56.2 the board of county commissioners of each county, enter into a 56.3 lease agreement with a city situated within any of the counties, 56.4 or a county housing and redevelopment authority established 56.5 under chapter 469 or any special law. Under the lease 56.6 agreement, the city or county housing and redevelopment 56.7 authority shall: 56.8 (1) construct or acquire and equip or improve a facility in 56.9 accordance with plans prepared by or at the request of a county 56.10 or joint powers board of the group of counties and approved by 56.11 the commissioner of corrections; and 56.12 (2) finance the facility by the issuance of revenue bonds. 56.13 (b) The county or joint powers board of a group of counties 56.14 may lease the facility site, improvements, and equipment for a 56.15 term upon rental sufficient to produce revenue for the prompt 56.16 payment of the revenue bonds and all interest accruing on them. 56.17 Upon completion of payment, the lessee shall acquire title. The 56.18 real and personal property acquired for the facility constitutes 56.19 a project and the lease agreement constitutes a revenue 56.20 agreement as provided in sections 469.152 to 469.165. All 56.21 proceedings by the city or county housing and redevelopment 56.22 authority and the county or joint powers board shall be as 56.23 provided in sections 469.152 to 469.165, with the following 56.24 adjustments: 56.25 (1) no tax may be imposed upon the property; 56.26 (2) the approval of the project by the commissioner of 56.27 trade and economic development is not required; 56.28 (3) the department of corrections shall be furnished and 56.29 shall record information concerning each project as it may 56.30 prescribe, in lieu of reports required on other projects to the 56.31 commissioner of trade and economic development or the energy and56.32 economic development authority; 56.33 (4) the rentals required to be paid under the lease 56.34 agreement shall not exceed in any year one-tenth of one percent 56.35 of the market value of property within the county or group of 56.36 counties as last equalized before the execution of the lease 57.1 agreement; 57.2 (5) the county or group of counties shall provide for 57.3 payment of all rentals due during the term of the lease 57.4 agreement in the manner required in subdivision 4; 57.5 (6) no mortgage on the facilities shall be granted for the 57.6 security of the bonds, but compliance with clause (5) may be 57.7 enforced as a nondiscretionary duty of the county or group of 57.8 counties; and 57.9 (7) the county or the joint powers board of the group of 57.10 counties may sublease any part of the facilities for purposes 57.11 consistent with their maintenance and operation. 57.12 Sec. 81. Minnesota Statutes 2000, section 437.08, is 57.13 amended to read: 57.14 437.08 [LICENSES OR PERMITS VOID.] 57.15 Any license, permit, or other grant of authority issued or 57.16 made in violation of the provisions of sections 437.07 to 437.1157.17 437.10 shall be absolutely null and void. 57.18 Sec. 82. Minnesota Statutes 2000, section 437.09, is 57.19 amended to read: 57.20 437.09 [SHOWS PROHIBITED WITHOUT LICENSE.] 57.21 No person, firm, copartnership, corporation, or association 57.22 of any nature or kind shall operate or attempt to operate or 57.23 carry on any itinerant carnival, street show, street fair, 57.24 sideshow, circus, or any similar enterprise within one mile of 57.25 the corporate limits of any city of the fourth class in this 57.26 state without license or permit so to do lawfully granted under 57.27 the restrictions provided in sections 437.07 to 437.11437.10. 57.28 Any person violating any of the provisions of this section 57.29 shall be guilty of a misdemeanor; and any such enterprise 57.30 operated without license or permit as herein prescribed is 57.31 hereby declared to be a public nuisance. 57.32 Sec. 83. Minnesota Statutes 2000, section 437.10, is 57.33 amended to read: 57.34 437.10 [DEFINITION.] 57.35 An itinerant carnival, street show, street fair, sideshow, 57.36 circus, or other similar enterprise, within the meaning of 58.1 sections 437.07 to 437.11437.10, is any itinerant carnival, 58.2 street show, street fair, sideshow, circus, or other similar 58.3 enterprise, which is held, operated, or carried on in the open 58.4 or indoors or upon or within any public or private ground, at 58.5 which there congregates and assembles, with or without the 58.6 payment of an admission fee, a promiscuous gathering of people 58.7 as spectators or otherwise. 58.8 Sec. 84. Minnesota Statutes 2000, section 458D.02, 58.9 subdivision 2, is amended to read: 58.10 Subd. 2. [WESTERN LAKE SUPERIOR SANITARY DISTRICT.] 58.11 "Western Lake Superior Sanitary District" and "district" mean 58.12 the area over which the sanitary sewerboard has jurisdiction 58.13 which shall include the area now comprised of the city of 58.14 Cloquet, the cities of Carlton, Scanlon, Thomson and Wrenshall, 58.15 and the townships of Knife Falls, Silver Brook, Thomson, and 58.16 Twin Lakes in the county of Carlton; the city of Duluth, the 58.17 city of Proctor, and the townships of Canosia, Duluth, Grand 58.18 Lake, Herman, Lakewood, Midway, Rice Lake and Solway in the 58.19 county of St. Louis; other territory included in the district 58.20 pursuant to section 458D.22; and any waters of the state 58.21 adjacent thereto. 58.22 Sec. 85. Minnesota Statutes 2000, section 458D.02, 58.23 subdivision 3, is amended to read: 58.24 Subd. 3. [SANITARY SEWERBOARD.] "Sanitary sewerboard" or 58.25 "board" means the sanitary sewerboard established for the 58.26 Western Lake Superior Sanitary District as provided in section 58.27 458D.03. 58.28 Sec. 86. Minnesota Statutes 2000, section 458D.23, is 58.29 amended to read: 58.30 458D.23 [PROPERTY EXEMPT FROM TAXATION.] 58.31 Any properties, real or personal, owned, leased, 58.32 controlled, used, or occupied by the sanitary sewerboard for 58.33 any purpose under sections 458D.01 to 458D.24 are declared to be 58.34 acquired, owned, leased, controlled, used and occupied for 58.35 public, governmental, and municipal purposes, and shall be 58.36 exempt from taxation by the state or any political subdivision 59.1 of the state, except to the extent that the property is subject 59.2 to the sales and use tax under chapter 297A, provided that such 59.3 properties shall be subject to special assessments levied by a 59.4 political subdivision for a local improvement in amounts 59.5 proportionate to and not exceeding the special benefit received 59.6 by the properties from such improvement. No possible use of any 59.7 such properties in any manner different from their use as part 59.8 of a disposal system at the time shall be considered in 59.9 determining the special benefit received by such properties. 59.10 All such assessments shall be subject to final approval by the 59.11 board, whose determination of the benefits shall be conclusive 59.12 upon the political subdivision levying the assessment. All 59.13 bonds, certificates of indebtedness or other obligations of the 59.14 board, and the interest thereon, shall be exempt from taxation 59.15 by the state or any political subdivision of the state. 59.16 Sec. 87. Minnesota Statutes 2000, section 469.110, 59.17 subdivision 2, is amended to read: 59.18 Subd. 2. [ AUTHORITYDEPARTMENT.] " AuthorityDepartment" 59.19 means the energy anddepartment of trade and economic 59.20 development authority. 59.21 Sec. 88. Minnesota Statutes 2000, section 469.116, 59.22 subdivision 7, is amended to read: 59.23 Subd. 7. [INVESTMENT IN BONDS.] Subject to the approval of 59.24 the state agency, the bonds of a local agency may be declared 59.25 securities in which all public officers and bodies of the state 59.26 and of its municipal subdivisions, all insurance companies and 59.27 associations, all savings banks and savings institutions, 59.28 including savings associations, executors, administrators, 59.29 guardians, trustees, and all other fiduciaries in the state may 59.30 properly and legally invest the funds within their control. 59.31 Each mortgage or issue of bonds shall relate only to a single 59.32 specified project, and those bonds shall be secured by a 59.33 mortgage upon all the real property of which the projects 59.34 consist and shall be first lien bonds, secured by a mortgage not 59.35 exceeding 80 percent of the estimated cost prior to the 59.36 completion of the project, or 80 percent of the appraised value 60.1 or actual cost, but in no event in excess of 80 percent of the 60.2 actual cost, after that completion, as certified by the 60.3 authoritydepartment. 60.4 Sec. 89. Minnesota Statutes 2000, section 469.118, 60.5 subdivision 1, is amended to read: 60.6 Subdivision 1. [CONDITIONS FOR MAKING.] When it has been 60.7 determined by the authoritydepartment upon application of a 60.8 local agency that the establishment of a particular 60.9 redevelopment project in a redevelopment area has accomplished 60.10 or will accomplish the public purposes of sections 469.109 to 60.11 469.123, the authoritydepartment may contract to loan the local 60.12 agency an amount not in excess of 20 percent of the cost or 60.13 estimated cost of the redevelopment project, subject to the 60.14 following conditions: 60.15 (a) In the case of a redevelopment project to be 60.16 established, 60.17 (1) the authoritydepartment shall have first determined 60.18 that the local agency holds funds in an amount equal to, or 60.19 property of a value equal to not less than, ten percent of the 60.20 estimated cost of establishing the redevelopment project, which 60.21 funds or property are available for and shall be applied to the 60.22 establishment of the project. If a public facility within the 60.23 redevelopment area has been or may be constructed and will 60.24 benefit a redevelopment project, the imputed value of the 60.25 benefit of the facility to the redevelopment project may be 60.26 determined and the estimated cost thereof credited to the local 60.27 agency for the purpose of satisfying the requirements of this 60.28 subparagraph. For purposes of this section, a public facility 60.29 includes utility installations, street improvements, public 60.30 buildings, parks, playgrounds, schools, recreational buildings, 60.31 and parking facilities; 60.32 (2) the authoritydepartment shall have also determined 60.33 that the local agency has obtained from other sources, by gift, 60.34 grant, or loan from private or other state or federal sources, a 60.35 firm commitment for all other funds, over and above the loan of 60.36 the state agency, and such funds or property as the 61.1 redevelopment agency may hold, necessary for payment of all the 61.2 estimated cost of establishing the redevelopment project, and 61.3 that the sum of all these funds, together with the machinery and 61.4 equipment to be provided by the owner or operator of the 61.5 redevelopment project is adequate to ensure completion and 61.6 operation of the plant, enterprise, or facility. 61.7 (b) In the case of a redevelopment project established 61.8 without initial state or local agency participation, 61.9 (1) the state agency shall have first determined that the 61.10 local or area redevelopment agency has expended funds in an 61.11 amount equal to, or has applied property of a value equal to, 61.12 not less than ten percent of the cost of establishing the 61.13 redevelopment project. If a public facility within the 61.14 redevelopment area has been or may be constructed and will 61.15 benefit a redevelopment project, the imputed value of the 61.16 benefit of the facility to the redevelopment project may be 61.17 determined and the estimated cost thereof credited to the local 61.18 agency for the purpose of satisfying the requirements of this 61.19 subparagraph; 61.20 (2) the authoritydepartment shall have also determined 61.21 that the local agency has obtained from other public or private 61.22 sources other funds necessary for payment of all the cost of 61.23 establishing the redevelopment project, and that the local 61.24 agency participation and these funds, together with the 61.25 machinery and equipment provided by the owner or operator of the 61.26 redevelopment project has been adequate to ensure completion and 61.27 operation of the plant, enterprise, or facility. The proceeds 61.28 of any loan made by the authoritydepartment to a local agency 61.29 pursuant to this paragraph shall be used only for the 61.30 establishment of additional redevelopment projects in 61.31 furtherance of the public purposes of sections 469.109 to 61.32 469.123. 61.33 Sec. 90. Minnesota Statutes 2000, section 469.118, 61.34 subdivision 2, is amended to read: 61.35 Subd. 2. [TERMS.] Any such loan of the authority61.36 department shall be for the period of time and shall bear 62.1 interest at the rate determined by the authoritydepartment. It 62.2 may be secured by a mortgage on the redevelopment project for 62.3 which the loan was made. The mortgage may be second and 62.4 subordinate only to the mortgage securing the first lien 62.5 obligation, if any, issued to secure the commitment of funds 62.6 from a private or public source and used in the financing of the 62.7 redevelopment project. 62.8 Sec. 91. Minnesota Statutes 2000, section 469.118, 62.9 subdivision 4, is amended to read: 62.10 Subd. 4. [DEPOSIT OF PAYMENTS.] All payments of interest 62.11 on the loans and repayments of principal shall be deposited by 62.12 the authoritydepartment in the Minnesota account and shall be 62.13 available to be applied and reapplied to carry out the purposes 62.14 of sections 469.109 to 469.123. 62.15 Sec. 92. Minnesota Statutes 2000, section 469.119, 62.16 subdivision 1, is amended to read: 62.17 Subdivision 1. [APPLICATION CONTENTS.] Prior to the 62.18 loaning of any funds for a redevelopment project in a 62.19 redevelopment area the local agency shall receive from the 62.20 applicant and, in the case of authoritydepartment 62.21 participation, shall forward to the state agency a loan 62.22 application. The application shall be in the form adopted by 62.23 the local agency, and shall contain among other things the 62.24 following information: 62.25 (1) a general description of the redevelopment project and 62.26 of the industrial, recreational, commercial, or manufacturing 62.27 enterprise for which the project has been or is to be 62.28 established; 62.29 (2) a legal description of all real estate necessary for 62.30 the project; 62.31 (3) plans and other documents as may be required to show 62.32 the type, structure, and general character of the redevelopment 62.33 project; 62.34 (4) a general description of the type, classes, and number 62.35 of employees employed or to be employed in the operation of the 62.36 redevelopment project; and 63.1 (5) cost or estimates of cost of establishing the 63.2 redevelopment project. 63.3 Sec. 93. Minnesota Statutes 2000, section 469.122, is 63.4 amended to read: 63.5 469.122 [LIMITATION OF POWERS.] 63.6 The state pledges to the United States or any agency 63.7 thereof that if any federal agency shall construct, loan, or 63.8 contribute any funds for the construction, extension, 63.9 improvement, or enlargement of any redevelopment project, or any 63.10 portion thereof, the state will not alter or limit the rights 63.11 and powers of the authoritydepartment or the local agency in 63.12 any manner inconsistent with the performance of any agreements 63.13 between the authoritydepartment or the local agency and any 63.14 such federal agency. The authoritydepartment and the local 63.15 agency shall continue to have all powers herein granted, so long 63.16 as the same shall be necessary or desirable for the carrying out 63.17 of the purposes of these sections. 63.18 Sec. 94. Minnesota Statutes 2000, section 469.154, 63.19 subdivision 5, is amended to read: 63.20 Subd. 5. [INFORMATION TO ENERGYTRADE AND ECONOMIC 63.21 DEVELOPMENT AUTHORITYDEPARTMENT.] Each municipality and 63.22 redevelopment agency upon entering into a revenue agreement, 63.23 except one pertaining to a project referred to in section 63.24 469.153, subdivision 2, paragraph (g) or (j), shall furnish 63.25 the energytrade and economic development authoritydepartment 63.26 on forms the authoritydepartment prescribes the following 63.27 information concerning the project: The name of the contracting 63.28 party, the nature of the enterprise, the location, approximate 63.29 number of employees, the general terms and nature of the revenue 63.30 agreement, the amount of bonds or notes issued, and other 63.31 information the energytrade and economic development 63.32 authoritydepartment deems advisable. The energytrade and 63.33 economic development authoritydepartment shall keep a record of 63.34 the information which shall be available to the public at times 63.35 the authoritydepartment prescribes. 63.36 Sec. 95. Minnesota Statutes 2000, section 471.415, 64.1 subdivision 2, is amended to read: 64.2 Subd. 2. [AFFIDAVIT FILED BEFORE WARRANT ISSUES.] A 64.3 duplicate for a lost or destroyed order or warrant shall not 64.4 issue until there shall have been filed with the proper officer 64.5 an affidavit of the owner thereof setting forth the ownership of 64.6 the order or warrant, the description thereof, and the manner of 64.7 its loss or destruction, and until there shall have been 64.8 executed and filed with the same officer an indemnifying bond, 64.9 with sureties to be approved by such officer, in a sum equal to 64.10 the amount of such order or warrant, conditioned that the 64.11 parties thereto shall pay all damages which the county, city, 64.12 town, or school district may sustain if compelled to pay such 64.13 losslost or destroyed order or warrant. The governing body of 64.14 any county, city, town, or school district may in its discretion 64.15 dispense with the requirement of an indemnifying bond. 64.16 Sec. 96. Minnesota Statutes 2001 Supplement, section 64.17 501B.60, subdivision 3, is amended to read: 64.18 Subd. 3. [STANDARDS FOR EXERCISE.] In exercising a power 64.19 to adjust under section 501B.70501B.705 or a discretionary 64.20 power of administration regarding a matter within the scope of 64.21 sections 501B.59 to 501B.76, a fiduciary shall administer the 64.22 trust or estate impartially, based on what is fair and 64.23 reasonable to all of the beneficiaries, except to the extent 64.24 that the terms of the trust or the will clearly manifest an 64.25 intention that the fiduciary shall or may favor one or more of 64.26 the beneficiaries. A determination in accordance with sections 64.27 501B.59 to 501B.76 is presumed to be fair and reasonable to all 64.28 of the beneficiaries. 64.29 Sec. 97. Minnesota Statutes 2000, section 501B.61, as 64.30 amended by Laws 2001, chapter 15, section 4, is amended to read: 64.31 501B.61 [INCOME; PRINCIPAL; CHARGES.] 64.32 Subdivision 1. [INCOME DEFINED.] "Income" means the return 64.33 in money or property derived from the use of principal, 64.34 including return received as: 64.35 (1) rent of real or personal property, including sums 64.36 received for cancellation or renewal of a lease; 65.1 (2) interest on money lent, including sums received as 65.2 consideration for the privilege of prepayment of principal, 65.3 except as provided in section 501B.65 on bond premium and bond 65.4 discount; 65.5 (3) income earned during administration of a decedent's 65.6 estate as provided in section 501B.63; 65.7 (4) corporate distributions as provided in section 501B.64; 65.8 (5) accrued increment on bonds or other obligations issued 65.9 at discount as provided in section 501B.65; 65.10 (6) receipts from business and farming operations as 65.11 provided in section 501B.66501B.665; 65.12 (7) receipts from disposition of natural resources as 65.13 provided in sections 501B.67 and 501B.68; and 65.14 (8) receipts from other principal subject to depletion as 65.15 provided in section 501B.69 ; and65.16 (9) receipts from disposition of underproductive property65.17 as provided in section 501B.70. 65.18 Subd. 2. [PRINCIPAL DEFINED.] "Principal" means the 65.19 property set aside by the owner or the person legally empowered 65.20 so that it is held in trust eventually to be delivered to a 65.21 remainderperson while the return or use of the principal is in 65.22 the meantime taken or received by or held for accumulation for 65.23 an income beneficiary. Principal includes: 65.24 (1) consideration received by the trustee on the sale or 65.25 other transfer of principal, on repayment of a loan, or as a 65.26 refund, replacement, or change in the form of principal; 65.27 (2) proceeds of property taken on eminent domain 65.28 proceedings; 65.29 (3) proceeds of insurance on property forming part of the 65.30 principal, except proceeds of insurance on a separate interest 65.31 of an income beneficiary; 65.32 (4) stock dividends, receipts on liquidation of a 65.33 corporation, and other corporate distributions as provided in 65.34 section 501B.64; 65.35 (5) receipts from the disposition of corporate securities 65.36 as provided in section 501B.65; 66.1 (6) royalties and other receipts from disposition of 66.2 natural resources as provided in sections 501B.67 and 501B.68; 66.3 (7) receipts from other principal subject to depletion as 66.4 provided in section 501B.69; 66.5 (8) profit resulting from a change in the form of 66.6 principal , except as provided in section 501B.70 on66.7 underproductive property; 66.8 (9) receipts from disposition of underproductive property66.9 as provided in section 501B.70;66.10 (10)allowances for depreciation established under sections 66.11 501B.66501B.665 and 501B.71, subdivision 1, clause (2); and 66.12 (11)(10) gain or loss, including the purchase premium, if 66.13 any, from the grant of an option to buy or sell property of the 66.14 trust, whether or not the trust owns the property when the 66.15 option is granted. 66.16 Subd. 3. [CHARGES.] After determining income and principal 66.17 in accordance with the terms of the trust instrument or of 66.18 sections 501B.59 to 501B.76, the trustee shall charge to income 66.19 or principal expenses and other charges as provided in section 66.20 501B.71. 66.21 Sec. 98. Minnesota Statutes 2001 Supplement, section 66.22 514.661, subdivision 5, is amended to read: 66.23 Subd. 5. [PRIORITY.] (a) A perfected lien has priority 66.24 over all other liens and security interests in crops produced by 66.25 the debtor during the calendar year in which the mediation 66.26 occurs except for a perfected landlord's lien under section66.27 514.960. 66.28 (b) An unperfected lien has the priority of an unperfected 66.29 security interest under sections 336.9-317 and 336.9-322. 66.30 Sec. 99. Minnesota Statutes 2000, section 514.94, is 66.31 amended to read: 66.32 514.94 [RIGHTS OF DETAINER, LIEN AND SALE OF ANIMALS.] 66.33 Nothing in sections 514.92 to 514.94this section or 66.34 section 514.93 shall in any way alter or revoke a veterinarian's 66.35 rights of detainer, lien and sale of animals under sections 66.36 514.18 to 514.22. 67.1 Sec. 100. Minnesota Statutes 2000, section 524.2-301, is 67.2 amended to read: 67.3 524.2-301 [ENTITLEMENT OF SPOUSE; PREMARITAL WILL.] 67.4 (a) A testator's surviving spouse, who married the testator 67.5 after the testator's will was executed, is entitled to receive, 67.6 as an intestate share, no less than the value of the share of 67.7 the estate the surviving spouse would have received if the 67.8 testator had died intestate as to that portion of the testator's 67.9 estate, if any, that neither is devised to a child of the 67.10 testator who was born before the testator married the surviving 67.11 spouse and who is not a child of the surviving spouse nor is 67.12 devised to a descendant of such a child or passes under section 67.13 524.2-603524.2-6031 or 524.2-604 to such a child or to a 67.14 descendant of such a child, unless: 67.15 (1) it appears from the will or other evidence that the 67.16 will was made in contemplation of the testator's marriage to the 67.17 surviving spouse; 67.18 (2) the will expresses the intention that it is to be 67.19 effective notwithstanding any subsequent marriage; or 67.20 (3) the testator provided for the spouse by transfer 67.21 outside the will and the intent that the transfer be in lieu of 67.22 a testamentary provision is shown by the testator's statements 67.23 or is reasonably inferred from the amount of the transfer or 67.24 other evidence. 67.25 (b) In satisfying the share provided by this section, 67.26 devises made by the will to the testator's surviving spouse, if 67.27 any, are applied first, and other devises, other than a devise 67.28 to a child of the testator who was born before the testator 67.29 married the surviving spouse and who is not a child of the 67.30 surviving spouse or a devise or substitute gift under section 67.31 524.2-603524.2-6031 or 524.2-604 to a descendant of such a 67.32 child, abate as provided in section 524.3-902. 67.33 Sec. 101. Minnesota Statutes 2000, section 524.2-604, is 67.34 amended to read: 67.35 524.2-604 [FAILURE OF TESTAMENTARY PROVISION.] 67.36 (a) Except as provided in section 524.2-603524.2-6031, a 68.1 devise, other than a residuary devise, that fails for any reason 68.2 becomes a part of the residue. 68.3 (b) Except as provided in section 524.2-603524.2-6031, if 68.4 the residue is devised to two or more persons, the share of a 68.5 residuary devisee that fails for any reason passes to the other 68.6 residuary devisee, or to other residuary devisees in proportion 68.7 to the interest of each in the remaining part of the residue. 68.8 Sec. 102. Minnesota Statutes 2000, section 524.2-609, is 68.9 amended to read: 68.10 524.2-609 [ADEMPTION BY SATISFACTION.] 68.11 (a) Property a testator, while living, gave to a person is 68.12 treated as a satisfaction of a devise in whole or in part, only 68.13 if (i) the will provides for deduction of the gift, (ii) the 68.14 testator declared in a contemporaneous writing that the gift is 68.15 in satisfaction of the devise or that its value is to be 68.16 deducted from the value of the devise, or (iii) the devisee 68.17 acknowledged in writing that the gift is in satisfaction of the 68.18 devise or that its value is to be deducted from the value of the 68.19 devise. 68.20 (b) For purposes of partial satisfaction, property given 68.21 during lifetime is valued as of the time the devisee came into 68.22 possession or enjoyment of the property or at the testator's 68.23 death, whichever occurs first. 68.24 (c) If the devisee fails to survive the testator, the gift 68.25 is treated as a full or partial satisfaction of the devise, as 68.26 appropriate, in applying sections 524.2-603524.2-6031 and 68.27 524.2-604, unless the testator's contemporaneous writing 68.28 provides otherwise. 68.29 Sec. 103. Minnesota Statutes 2000, section 583.24, 68.30 subdivision 4, is amended to read: 68.31 Subd. 4. [DEBTS.] The Farmer-Lender Mediation Act does not 68.32 apply to a debt: 68.33 (1) for which a proof of claim form has been filed in 68.34 bankruptcy by a creditor or that was listed as a scheduled debt, 68.35 of a debtor who has filed a petition in bankruptcy after July 1, 68.36 1987, under United States Code, title 11, chapter 7, 11, 12, or 69.1 13; 69.2 (2) if the debt was in default when the creditor received a 69.3 mediation proceeding notice under the Farmer-Lender Mediation 69.4 Act and the creditor filed a claim form, the debt was mediated 69.5 during the mediation period under section 583.26, subdivision 8, 69.6 and (i) the mediation was unresolved; or (ii) a mediation 69.7 agreement with respect to that debt was signed; 69.8 (3) for which the creditor has served a mediation notice, 69.9 the debtor has failed to make a timely request for mediation, 69.10 and within 60 days after the debtor failed to make a timely 69.11 request the creditor began a proceeding to enforce the debt 69.12 against the agricultural property of the debtor; 69.13 (4) for which a creditor has received a mediation 69.14 proceeding notice and the creditor and debtor have restructured 69.15 the debt and have signed a separate mediation agreement with 69.16 respect to that debt; or 69.17 (5) for which there is a lien for rental value of farm 69.18 machinery under section 514.661 or a lien for rental value69.19 relating to a contract for deed subject to the Farmer-Lender69.20 Mediation Act under section 559.2091. 69.21 Sec. 104. Minnesota Statutes 2000, section 609.26, 69.22 subdivision 5, is amended to read: 69.23 Subd. 5. [DISMISSAL OF CHARGE.] A felony charge brought 69.24 under this section shall be dismissed if: 69.25 (a) the person voluntarily returns the child within 48 69.26 hours after taking, detaining, or failing to return the child in 69.27 violation of this section; or 69.28 (b)(1) the person taking the action and the child have not 69.29 left the state of Minnesota; and (2) within a period of seven 69.30 days after taking the action, (i) a motion or proceeding under 69.31 chapter 518, 518A,518B, or518C, or 518D is commenced by the 69.32 person taking the action, or (ii) the attorney representing the 69.33 person taking the action has consented to service of process by 69.34 the party whose rights are being deprived, for any motion or 69.35 action pursuant to chapter 518, 518A, 518B, or 518C. 69.36 Clause (a) does not apply if the person returns the child 70.1 as a result of being located by law enforcement authorities. 70.2 This subdivision does not prohibit the filing of felony 70.3 charges or an offense report before the expiration of the 48 70.4 hours. 70.5 Sec. 105. Minnesota Statutes 2000, section 609.341, 70.6 subdivision 17, is amended to read: 70.7 Subd. 17. "Psychotherapist" means a person who is or 70.8 purports to be a physician, psychologist, nurse, chemical 70.9 dependency counselor, social worker, marriage and family 70.10 counselortherapist, or other mental health service provider; or 70.11 any other person, whether or not licensed by the state, who 70.12 performs or purports to perform psychotherapy. 70.13 Sec. 106. Minnesota Statutes 2001 Supplement, section 70.14 626.556, subdivision 11, is amended to read: 70.15 Subd. 11. [RECORDS.] (a) Except as provided in paragraph 70.16 (b) or (d) and subdivisions 10b, 10d, 10g, and 11b, all records 70.17 concerning individuals maintained by a local welfare agency or 70.18 agency responsible for assessing or investigating the report 70.19 under this section, including any written reports filed under 70.20 subdivision 7, shall be private data on individuals, except 70.21 insofar as copies of reports are required by subdivision 7 to be 70.22 sent to the local police department or the county sheriff. All 70.23 records concerning determinations of maltreatment by a facility 70.24 are nonpublic data as maintained by the department of children, 70.25 families, and learning, except insofar as copies of reports are 70.26 required by subdivision 7 to be sent to the local police 70.27 department or the county sheriff. Reports maintained by any 70.28 police department or the county sheriff shall be private data on 70.29 individuals except the reports shall be made available to the 70.30 investigating, petitioning, or prosecuting authority, including 70.31 county medical examiners or county coroners. Section 13.82, 70.32 subdivisions 7,8, and9, and 14, apply to law enforcement data 70.33 other than the reports. The local social services agency or 70.34 agency responsible for assessing or investigating the report 70.35 shall make available to the investigating, petitioning, or 70.36 prosecuting authority, including county medical examiners or 71.1 county coroners or their professional delegates, any records 71.2 which contain information relating to a specific incident of 71.3 neglect or abuse which is under investigation, petition, or 71.4 prosecution and information relating to any prior incidents of 71.5 neglect or abuse involving any of the same persons. The records 71.6 shall be collected and maintained in accordance with the 71.7 provisions of chapter 13. In conducting investigations and 71.8 assessments pursuant to this section, the notice required by 71.9 section 13.04, subdivision 2, need not be provided to a minor 71.10 under the age of ten who is the alleged victim of abuse or 71.11 neglect. An individual subject of a record shall have access to 71.12 the record in accordance with those sections, except that the 71.13 name of the reporter shall be confidential while the report is 71.14 under assessment or investigation except as otherwise permitted 71.15 by this subdivision. Any person conducting an investigation or 71.16 assessment under this section who intentionally discloses the 71.17 identity of a reporter prior to the completion of the 71.18 investigation or assessment is guilty of a misdemeanor. After 71.19 the assessment or investigation is completed, the name of the 71.20 reporter shall be confidential. The subject of the report may 71.21 compel disclosure of the name of the reporter only with the 71.22 consent of the reporter or upon a written finding by the court 71.23 that the report was false and that there is evidence that the 71.24 report was made in bad faith. This subdivision does not alter 71.25 disclosure responsibilities or obligations under the rules of 71.26 criminal procedure. 71.27 (b) Upon request of the legislative auditor, data on 71.28 individuals maintained under this section must be released to 71.29 the legislative auditor in order for the auditor to fulfill the 71.30 auditor's duties under section 3.971. The auditor shall 71.31 maintain the data in accordance with chapter 13. 71.32 (c) The commissioner of children, families, and learning 71.33 must be provided with all requested data that are relevant to a 71.34 report of maltreatment and are in possession of a school 71.35 facility as defined in subdivision 2, paragraph (f), when the 71.36 data is requested pursuant to an assessment or investigation of 72.1 a maltreatment report of a student in a school. If the 72.2 commissioner of children, families, and learning makes a 72.3 determination of maltreatment involving an individual performing 72.4 work within a school facility who is licensed by a board or 72.5 other agency, the commissioner shall provide necessary and 72.6 relevant information to the licensing entity to enable the 72.7 entity to fulfill its statutory duties. Notwithstanding section 72.8 13.03, subdivision 4, data received by a licensing entity under 72.9 this paragraph are governed by section 13.41 or other applicable 72.10 law governing data of the receiving entity, except that this 72.11 section applies to the classification of and access to data on 72.12 the reporter of the maltreatment. 72.13 (d) The investigating agency shall exchange not public data 72.14 with the child maltreatment review panel under section 256.022 72.15 if the data are pertinent and necessary for a review requested 72.16 under section 256.022. Upon completion of the review, the not 72.17 public data received by the review panel must be returned to the 72.18 investigating agency. 72.19 Sec. 107. Laws 1995, chapter 220, section 141, is amended 72.20 to read: 72.21 Sec. 141. [REPEALER.] 72.22 (a) Minnesota Statutes 1994, sections 97B.301, subdivision 72.23 5; 115B.26, subdivision 1; 239.791, subdivisions 4, 5, 6, and 9; 72.24 325E.0951, subdivision 5; and Laws 1993, chapter 172, section 72.25 10, are repealed. 72.26 (b) Sections 78 to 87 are repealed.72.27 (c)Minnesota Statutes 1994, sections 28A.08, subdivision 72.28 2; and 446A.071, subdivision 7, are repealed. 72.29 (d)(c) Minnesota Statutes 1994, sections 41A.09, 72.30 subdivisions 2, 3, and 5; 97A.531, subdivisions 2, 3, 4, 5, and 72.31 6; and 296.02, subdivision 7, are repealed. 72.32 Sec. 108. Laws 1995, chapter 220, section 142, as amended 72.33 by Laws 1995, chapter 263, section 12, Laws 1996, chapter 351, 72.34 section 1, Laws 1999, chapter 231, section 191, and Laws 2001, 72.35 First Special Session chapter 2, section 151, is amended to read: 72.36 Sec. 142. [EFFECTIVE DATES.] 73.1 Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117, 73.2 and 141, paragraph (d), are effective the day following final 73.3 enactment. 73.4 Sections 114, 115, 118, and 121 are effective January 1, 73.5 1996. 73.6 Sections 120, subdivisions 2, 3, 4, and 5, and 141, 73.7 paragraph (c), are effective July 1, 1996. 73.8 Section 141, paragraph (b), is effective June 30, 2007.73.9 Sections 58 and 66 are effective retroactively to August 1, 73.10 1991. 73.11 Section 119 is effective September 1, 1996. 73.12 Section 120, subdivision 1, is effective July 1, 1999. 73.13 Sec. 109. Laws 2000, chapter 399, article 1, section 139, 73.14 is amended to read: 73.15 Sec. 139. [SATELLITE OFFICES; RULEMAKING.] 73.16 The secretary of state shall adopt rules governing the 73.17 establishment and operation of satellite offices under Minnesota 73.18 Statutes, sections 336.9-527 to 336.9-530, by July 1, 2000. The 73.19 rules are exempt from the rulemaking provisions of Minnesota 73.20 Statutes, chapter 14, but must be adopted under Minnesota 73.21 Statutes, section 14.386. Notwithstanding Minnesota Statutes, 73.22 section 14.386, paragraph (b), the rules remain in effect until 73.23 July 1, 2003. 73.24 The secretary of state may also adopt expedited rules 73.25 governing the establishment and operation of the central filing 73.26 system under Minnesota Statutes, sections 336.9-501 to 336.9-53073.27 336.9-531 and 336.9-701 to 336.9-709, pursuant to section 14.389. 73.28 The authority to adopt rules under this section expires on 73.29 July 1, 2003. The expiration of this authority does not affect 73.30 the validity of the rules adopted under it. 73.31 This section is effective the day following final enactment. 73.32 Sec. 110. Laws 2001, chapter 171, section 12, is amended 73.33 to read: 73.34 Sec. 12. [TRANSFER OF ENFORCEMENT AUTHORITY.] 73.35 (a) The terms used in this section have the meanings given 73.36 in Minnesota Statutes, section 149A.02. 74.1 (b) Except as otherwise provided in statute, enforcement 74.2 authority for Minnesota Statutes, sections 149A.70, 149A.71, 74.3 149A.72, 149A.73, 149A.74, 149A.745, 149A.75, and 149A.97, may 74.4 be exercised for provisions related to insurance policies 74.5 purchased by a preneed consumer to arrange for funeral goods, 74.6 funeral services, burial site goods, or burial services ,74.7 enforcement authority may be exercisedby the commissioner of 74.8 commerce. 74.9 (c) The commissioner of health retains enforcement 74.10 authority for provisions of Minnesota Statutes, chapter 149A, 74.11 related to funeral providers that are required to be licensed, 74.12 registered, or issued a permit under that chapter. 74.13 Sec. 111. Laws 1997, chapter 202, article 2, section 61, 74.14 as amended by Laws 1999, chapter 250, article 1, section 106, 74.15 and Laws 2001, First Special Session chapter 10, article 2, 74.16 section 85, is amended to read: 74.17 Sec. 61. [VOLUNTARY UNPAID LEAVE OF ABSENCE.] 74.18 Appointing authorities in state government may allow each 74.19 employee to take an unpaid leave of absence for up to 160 hours 74.20 during the period ending June 30, 2003, and up to 160 hours 74.21 during the period ending June 30, 2005. Each appointing 74.22 authority approving such a leave shall allow the employee to 74.23 continue accruing vacation and sick leave, be eligible for paid 74.24 holidays and insurance benefits, accrue seniority, and accrue 74.25 service credit in state retirement plans permitting service 74.26 credits for authorized leaves of absence as if the employee had 74.27 actually been employed during the time of the leave. If the 74.28 leave of absence is for one full pay period or longer, any 74.29 holiday pay shall be included in the first payroll warrant after 74.30 return from the leave of absence. The appointing authority 74.31 shall attempt to grant requests for unpaid leaves of absence 74.32 consistent with the need to continue efficient operation of the 74.33 agency. However, each appointing authority shall retain 74.34 discretion to grant or refuse to grant requests for leaves of 74.35 absence and to schedule and cancel leaves, subject to applicable 74.36 provisions of collective bargaining agreements and compensation 75.1 plans. 75.2 Sec. 112. [REENACTMENT.] 75.3 2001 First Special Session Senate File No. 4, as passed by 75.4 the senate and the house of representatives on Friday, June 29, 75.5 2001, and subsequently published as Laws 2001, First Special 75.6 Session chapter 9, is reenacted. Its provisions are effective 75.7 on the dates originally provided in the bill. 75.8 Sec. 113. [REPEALER.] 75.9 (a) Minnesota Statutes 2001 Supplement, section 16A.1286, 75.10 subdivisions 4 and 5, are repealed. 75.11 (b) Minnesota Statutes 2000, section 116.19, is repealed. 75.12 (c) Minnesota Statutes 2000, section 221.0315, is repealed. 75.13 (d) Minnesota Statutes 2000, section 437.11, is repealed. 75.14 (e) Minnesota Statutes 2000, section 462A.072, is repealed. 75.15 (f) Minnesota Statutes 2000, section 557.11, is repealed. 75.16 (g) Laws 1997, chapter 85, article 4, section 28, is 75.17 repealed. 75.18 (h) Laws 1999, chapter 159, section 79, is repealed. 75.19 (i) Laws 1999, chapter 231, section 180, is repealed. 75.20 (j) Laws 2001, chapter 161, section 4, is repealed. 75.21 (k) Laws 2001, chapter 162, section 4, is repealed. 75.22 (l) Laws 2001, First Special Session chapter 2, section 75.23 103, is repealed. 75.24 (m) Laws 2001, First Special Session chapter 8, article 7, 75.25 section 1, is repealed. 75.26 (n) Minnesota Rules, part 5300.0360, is repealed. 75.27 ARTICLE 2 75.28 CONFORMING AMENDMENTS 75.29 HARMFUL SUBSTANCE COMPENSATION BOARD TRANSFER 75.30 Section 1. Minnesota Statutes 2000, section 13.741, 75.31 subdivision 1, is amended to read: 75.32 Subdivision 1. [HARMFUL SUBSTANCE COMPENSATION BOARD75.33 DATA.] The following data on individuals filing claims for 75.34 compensation with the harmful substance compensation board75.35 pollution control agency for injury from harmful substances are 75.36 classified as confidential while the claim is being investigated 76.1 and private after a decision is made by the boardagency about 76.2 the claim: the name, address, and all other information that 76.3 may identify an individual filing a claim; all medical data 76.4 provided to the boardagency by the claimant or providers of 76.5 health care to the claimant, including reports of physical 76.6 examinations, mental health treatment, hospital care, physical 76.7 therapy, laboratory testing, X-ray studies, and prescriptions; 76.8 and all financial data provided to the boardagency by the 76.9 claimant or the claimant's employer, insurance carrier, or other 76.10 provider of benefits, including state or federal tax forms, W-2 76.11 forms, salary records, records of insurance payments, 76.12 unemployment or disability benefits. 76.13 Sec. 2. Minnesota Statutes 2000, section 13.7411, 76.14 subdivision 5, is amended to read: 76.15 Subd. 5. [ENVIRONMENTAL RESPONSE AND LIABILITY.] (a) 76.16 [RESPONSIBLE PERSONS.] Certain data obtained by the pollution 76.17 control agency from a person who may be responsible for a 76.18 release are classified in section 115B.17, subdivision 5. 76.19 (b) [HAZARDOUS WASTE GENERATORS.] Data exchanged between 76.20 the pollution control agency and the department of revenue under 76.21 sections 115B.24 and 116.075, subdivision 2, are classified 76.22 under section 115B.24, subdivision 5. 76.23 (c) [HARMFUL SUBSTANCE COMPENSATION BOARD.] Access to data 76.24 collected and maintained by thein connection with harmful 76.25 substance compensation boardreimbursement is governed by 76.26 sections 115B.28, subdivision 2; and 115B.35, subdivision 2. 76.27 (d) [DRYCLEANERS ENVIRONMENTAL ACCOUNT.] Disclosure of data 76.28 collected under section 115B.49, subdivision 4, is governed by 76.29 chapter 270B. 76.30 Sec. 3. Minnesota Statutes 2000, section 115B.25, 76.31 subdivision 2, is amended to read: 76.32 Subd. 2. [ BOARDAGENCY.] " BoardAgency" means 76.33 the harmful substance compensation board established in section76.34 115B.27pollution control agency. 76.35 Sec. 4. Minnesota Statutes 2000, section 115B.26, is 76.36 amended to read: 77.1 115B.26 [ HARMFUL SUBSTANCE COMPENSATIONENVIRONMENTAL 77.2 RESPONSE, COMPENSATION, AND COMPLIANCE ACCOUNT.] 77.3 Subd. 2. [APPROPRIATION.] The amount necessary to pay 77.4 claims of compensation granted by the agency under sections 77.5 115B.25 to 115B.37 is appropriated to the agency from the 77.6 account. 77.7 Subd. 3. [PAYMENT OF CLAIMS WHEN ACCOUNT INSUFFICIENT.] If 77.8 the amount of the claims granted exceeds the amount in the 77.9 account, the boardagency shall request a transfer from the 77.10 general contingent account to the harmful substance compensation77.11 environmental response, compensation, and compliance account as 77.12 provided in section 3.30. If no transfer is approved, the board77.13 agency shall pay the claims which have been granted in the order 77.14 granted only to the extent of the money remaining in the 77.15 account. The boardagency shall pay the remaining claims which 77.16 have been granted after additional money is credited to the 77.17 account. 77.18 Subd. 4. [ACCOUNT TRANSFER REQUEST.] At the end of each 77.19 fiscal year, the boardagency shall submit a request to the 77.20 petroleum tank release compensation board for transfer to the 77.21 harmful substance compensationaccount from the petroleum tank 77.22 release cleanup fund under section 115C.08, subdivision 5, of an 77.23 amount equal to the compensation granted by the boardagency for 77.24 claims related to petroleum releases plus administrative costs 77.25 related to determination of those claims. 77.26 Sec. 5. Minnesota Statutes 2000, section 115B.28, as 77.27 amended by Laws 1999, chapter 227, section 22, is amended to 77.28 read: 77.29 115B.28 [POWERS AND DUTIES OF THE BOARDAGENCY.] 77.30 Subdivision 1. [DUTIES.] In addition to performing duties 77.31 specified in sections 115B.25 to 115B.37 or in other law, and 77.32 subject to the limitations on disclosure contained in section 77.33 115B.35, the boardagency shall: 77.34 (1) adopt rules as soon as practicable after all members77.35 are appointed, including rules governing practice and procedure 77.36 before the boardagency, the form and procedure for applications 78.1 for compensation, and procedures for claims investigations; 78.2 (2) publicize the availability of compensation and 78.3 application procedures on a statewide basis with special 78.4 emphasis on geographical areas surrounding sites identified by 78.5 the pollution controlagency as having releases from a facility 78.6 where a harmful substance was placed or came to be located prior 78.7 to July 1, 1983; 78.8 (3) collect, analyze, and make available to the public, in 78.9 consultation with the department of health, the pollution 78.10 control agency, the University of Minnesota medical and public 78.11 health schools, and the medical community, data regarding 78.12 injuries relating to exposure to harmful substances; and 78.13 (4) prepare and transmit by December 31 of each year to the 78.14 governor and the legislature an annual report to include (a) a 78.15 summary of boardagency activity under clause (3); (b) data 78.16 determined by the boardagency from actual cases, including but 78.17 not limited to number of cases, actual compensation received by 78.18 each claimant, types of cases, and types of injuries 78.19 compensated, as they relate to types of harmful substances as 78.20 well as length of exposure, but excluding identification of the 78.21 claimants; (c) all administrative costs associated with the 78.22 business of the boardagency; and (d) boardagency 78.23 recommendations for legislative changes, further study, or any 78.24 other recommendation aimed at improving the system of 78.25 compensation. 78.26 Subd. 2. [POWERS.] In addition to exercising any powers 78.27 specified in sections 115B.25 to 115B.37 or in other law, 78.28 the boardagency may: 78.29 (1) in reviewing a claim, consider any information relevant 78.30 to the claim, in accordance with the evidentiary standards 78.31 contained in section 115B.35; 78.32 (2) contract for consultant or other services necessary to 78.33 carry out the board'sagency's duties under sections 115B.25 to 78.34 115B.37; 78.35 (3) grant reasonable partial compensation on an emergency 78.36 basis pending the final decision on a claim if the claim is one 79.1 with respect to which an award will probably be made and undue 79.2 hardship will result to the claimant if immediate payment is not 79.3 made; 79.4 (4) limit access to information collected and maintained by 79.5 the boardagency and take any other action necessary to protect 79.6 not public data as defined in section 13.02, subdivision 8a, and 79.7 protected information, in accordance with the limitations 79.8 contained in section 115B.35. 79.9 Subd. 3. [INVESTIGATION; OBTAINING INFORMATION.] The board79.10 agency may investigate any claim for compensation and for this 79.11 purpose it may require from the claimant and request from any 79.12 person information regarding any matter, fact, or circumstance 79.13 which is relevant to determination of a claim under section 79.14 115B.33. In exercising its powers under this subdivision, 79.15 the boardagency may collect information reasonably calculated 79.16 to lead to the discovery of evidence admissible under section 79.17 115B.35. The boardagency shall reimburse the person requested 79.18 to provide information the actual cost of copies of documents, 79.19 papers, samples, or other tangible items necessary to respond to 79.20 the request from the boardagency. In order to obtain this 79.21 information the boardagency, subject to any applicable 79.22 privilege, may: 79.23 (a) request any person to produce documents, papers, books, 79.24 or other tangible things in the possession, custody, or control 79.25 of that person; 79.26 (b) request the sworn testimony of any person as to any 79.27 relevant fact or opinion; 79.28 (c) direct written questions to any person and request 79.29 written answers and objections; 79.30 (d) request a mental or physical examination of the 79.31 claimant or autopsy of any deceased person whose death is the 79.32 basis of the claim, provided that notice is given to the 79.33 claimant and the claimant receives a copy of the report; and 79.34 (e) request a waiver of medical privilege by the claimant. 79.35 The boardagency shall give written notice of any request 79.36 under this subdivision at least 15 days before the person is 80.1 expected to comply with the request. If a person fails or 80.2 refuses to comply with a request for information relevant to the 80.3 release of a harmful substance, the boardagency may issue a 80.4 subpoena for the production of the information and may petition 80.5 the district court for an order enforcing the subpoena. If a 80.6 person fails or refuses to comply with a request for other 80.7 information relevant to determination of the claim, the board80.8 agency may petition the district court for an order to compel 80.9 compliance with the request. If the claimant refuses to comply 80.10 with a request by the boardagency for information relevant to 80.11 the claim, the boardagency may dismiss the claim. 80.12 Subd. 4. [ ADMINISTRATIVE PERSONNEL AND SERVICES80.13 INFORMATION FROM STATE AGENCIES.] The board may appoint an80.14 executive director who is not a member of the board. The80.15 executive director is in the unclassified service. The80.16 commissioner of health shall provide staff assistance,80.17 administrative services, and office space under a contract with80.18 the board. The board shall reimburse the commissioner for the80.19 staff, services, and space provided.In order to perform its 80.20 duties, the boardagency may request information from the 80.21 supervising officer of any state agency or state institution of 80.22 higher education. When requesting health data as defined in 80.23 section 13.3805, subdivision 1, or sections 144.671 to 144.69, 80.24 the boardagency must submit a written release signed by the 80.25 subject of the data or, if the subject is deceased, a 80.26 representative of the deceased, authorizing release of the data 80.27 in whole or in part. The supervising officer shall comply with 80.28 the board'sagency's request to the extent possible considering 80.29 available agency or institution appropriations and may assign 80.30 agency or institution employees to assist the boardagency in 80.31 performing its duties under sections 115B.25 to 115B.37. 80.32 Sec. 6. Minnesota Statutes 2000, section 115B.29, 80.33 subdivision 1, is amended to read: 80.34 Subdivision 1. [PERSONAL INJURY AND CERTAIN PROPERTY 80.35 CLAIMS.] A person may file a claim with the boardagency 80.36 pursuant to this section for compensation for an eligible 81.1 injury, or for eligible property damage that could reasonably 81.2 have resulted from an exposure in Minnesota to a harmful 81.3 substance released from a facility. 81.4 Sec. 7. Minnesota Statutes 2000, section 115B.30, 81.5 subdivision 3, is amended to read: 81.6 Subd. 3. [TIME FOR FILING CLAIM.] (a) A claim is not 81.7 eligible for compensation from the account unless it is filed 81.8 with the boardagency within the time provided in this 81.9 subdivision. 81.10 (b) A claim for compensation for personal injury must be 81.11 filed within two years after the injury and its connection to 81.12 exposure to a harmful substance was or reasonably should have 81.13 been discovered. 81.14 (c) A claim for compensation for property damage must be 81.15 filed within two years after the full amount of compensable 81.16 losses can be determined. 81.17 (d) Notwithstanding the provisions of this subdivision, 81.18 claims for compensation that would otherwise be barred by any 81.19 statute of limitations provided in sections 115B.25 to 115B.37 81.20 may be filed not later than January 1, 1992. 81.21 Sec. 8. Minnesota Statutes 2000, section 115B.31, 81.22 subdivision 1, is amended to read: 81.23 Subdivision 1. [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN 81.24 CERTAIN CASES.] (a) A person who has settled a claim for an 81.25 eligible injury or eligible property damage with a responsible 81.26 person, either before or after bringing an action in court for 81.27 that injury or damage, may not file a claim with the account for 81.28 the same injury or damage. A person who has received a 81.29 favorable judgment in a court action for an eligible injury or 81.30 eligible property damage may not file a claim with the account 81.31 for the same injury or damage, unless the judgment cannot be 81.32 satisfied in whole or in part against the persons responsible 81.33 for the release of the harmful substance. A person who has 81.34 filed a claim with the boardagency or its predecessor, the 81.35 harmful substance compensation board, may not file another claim 81.36 with the boardagency for the same eligible injury or damage, 82.1 unless the claim was inactivated by the agency or board as 82.2 provided in section 115B.32, subdivision 1. 82.3 (b) A person who has filed a claim with the agency or board 82.4 for an eligible injury or damage, and who has received and 82.5 accepted an award from the agency or board, is precluded from 82.6 bringing an action in court for the same eligible injury or 82.7 damage. 82.8 (c) A person who files a claim with the boardagency for 82.9 personal injury or property damage must include all known claims 82.10 eligible for compensation in one proceeding before the board82.11 agency. 82.12 Sec. 9. Minnesota Statutes 2000, section 115B.31, 82.13 subdivision 2, is amended to read: 82.14 Subd. 2. [USE OF PROTECTED INFORMATION AND BOARDAGENCY 82.15 FINDINGS.] The findings and decision of the boardagency are 82.16 inadmissible in any court action. Protected information may not 82.17 be used in any court action except to the extent that the 82.18 information is otherwise available to a party or discovered 82.19 under the applicable rules of civil or criminal procedure. 82.20 Sec. 10. Minnesota Statutes 2000, section 115B.31, 82.21 subdivision 4, is amended to read: 82.22 Subd. 4. [SIMULTANEOUS CLAIM AND COURT ACTION PROHIBITED.] 82.23 A claimant may not commence a court action to recover for any 82.24 injury or damage for which the claimant seeks compensation from 82.25 the account during the time that a claim is pending before 82.26 the boardagency. A person may not file a claim with the board82.27 agency for compensation for any injury or damage for which the 82.28 claimant seeks to recover in a pending court action. The time 82.29 for filing a claim under section 115B.30 or the statute of 82.30 limitations for any civil action is suspended during the period 82.31 of time that a claimant is precluded from filing a claim or 82.32 commencing an action under this subdivision. 82.33 Sec. 11. Minnesota Statutes 2000, section 115B.32, is 82.34 amended to read: 82.35 115B.32 [CLAIM FOR COMPENSATION.] 82.36 Subdivision 1. [FORM.] A claim for compensation from the 83.1 account must be filed with the boardagency in the form required 83.2 by the boardagency. When a claim does not include all the 83.3 information required by subdivision 2 and applicable board83.4 agency rules, the boardagency staff shall notify the claimant 83.5 of the absence of the required information within 14 days of the 83.6 filing of the claim. All required information must be received 83.7 by the boardagency not later than 60 days after the claimant 83.8 received notice of its absence or the claim will be inactivated 83.9 and may not be resubmitted for at least one year following the 83.10 date of inactivation. The boardagency may decide not to 83.11 inactivate a claim under this subdivision if it finds serious 83.12 extenuating circumstances. 83.13 Subd. 2. [REQUIRED INFORMATION.] A claimant must provide 83.14 the following information as part of the claim, provided that 83.15 nothing in Laws 1985, First Special Sessionthis chapter 8,83.16 shall be construed to require the claimant to initiate a court 83.17 action before filing a claim: 83.18 (1) a sworn verification by the claimant of the facts set 83.19 forth in the claim to the best of the claimant's knowledge; 83.20 (2) evidence that the claimant is an eligible person; 83.21 (3) evidence of the claimant's exposure to a named harmful 83.22 substance; 83.23 (4) evidence that the claimant's exposure to the substance 83.24 in the amount and duration experienced by the claimant could 83.25 reasonably have been caused or significantly contributed to by 83.26 the release of a harmful substance from a facility where the 83.27 substance was placed or came to be located, to the extent the 83.28 information is available to the claimant; 83.29 (5) evidence that the exposure experienced by the claimant 83.30 can cause or can significantly contribute to the injury suffered 83.31 by the claimant; 83.32 (6) evidence of the injury eligible for compensation 83.33 suffered by the claimant and the compensable losses resulting 83.34 from the injury; 83.35 (7) evidence of any property damage eligible for 83.36 compensation and the amount of compensable losses resulting from 84.1 the damage; 84.2 (8) information regarding any collateral sources of 84.3 compensation; and 84.4 (9) other information required by the rules of the board84.5 agency. 84.6 Subd. 3. [DEATH CLAIMS.] In any case in which death is 84.7 claimed as a compensable injury, the claim may be brought on 84.8 behalf of the claimant by the claimant's estate for compensable 84.9 medical expenses and by the claimant's trustee for death 84.10 benefits for the claimant's dependents as defined in section 84.11 176.111. 84.12 Sec. 12. Minnesota Statutes 2000, section 115B.33, is 84.13 amended to read: 84.14 115B.33 [DETERMINATION OF CLAIM.] 84.15 Subdivision 1. [STANDARD FOR PERSONAL INJURY.] The 84.16 boardagency shall grant compensation to a claimant who shows 84.17 that it is more likely than not that: 84.18 (1) the claimant suffers a medically verified injury that 84.19 is eligible for compensation from the account and that has 84.20 resulted in a compensable loss; 84.21 (2) the claimant has been exposed to a harmful substance; 84.22 (3) the release of the harmful substance from a facility 84.23 where the substance was placed or came to be located could 84.24 reasonably have resulted in the claimant's exposure to the 84.25 substance in the amount and duration experienced by the 84.26 claimant; and 84.27 (4) the injury suffered by the claimant can be caused or 84.28 significantly contributed to by exposure to the harmful 84.29 substance in an amount and duration experienced by the claimant. 84.30 Subd. 2. [STANDARD FOR PROPERTY DAMAGE.] The boardagency 84.31 shall grant compensation to a claimant who shows that it is more 84.32 likely than not that: 84.33 (1) the claimant has suffered property damage that is 84.34 eligible for compensation and that has resulted in compensable 84.35 loss; and 84.36 (2) the presence of the harmful substance in or on the 85.1 property could reasonably have resulted from the release of the 85.2 harmful substance from a facility where the substance was placed 85.3 or came to be located. 85.4 Sec. 13. Minnesota Statutes 2000, section 115B.34, is 85.5 amended to read: 85.6 115B.34 [COMPENSABLE LOSSES.] 85.7 Subdivision 1. [PERSONAL INJURY LOSSES.] Losses 85.8 compensable by the account for personal injury are limited to: 85.9 (1) medical expenses directly related to the claimant's 85.10 injury; 85.11 (2) up to two-thirds of the claimant's lost wages not to 85.12 exceed $2,000 per month or $24,000 per year; 85.13 (3) up to two-thirds of a self-employed claimant's lost 85.14 income, not to exceed $2,000 per month or $24,000 per year; 85.15 (4) death benefits to dependents which the boardagency 85.16 shall define by rule subject to the following conditions: 85.17 (i) the rule adopted by the boardagency must establish a 85.18 schedule of benefits similar to that established by section 85.19 176.111 and must not provide for the payment of benefits to 85.20 dependents other than those dependents defined in section 85.21 176.111; 85.22 (ii) the total benefits paid to all dependents of a 85.23 claimant must not exceed $2,000 per month; 85.24 (iii) benefits paid to a spouse and all dependents other 85.25 than children must not continue for a period longer than ten 85.26 years; 85.27 (iv) payment of benefits is subject to the limitations of 85.28 section 115B.36; and 85.29 (5) the value of household labor lost due to the claimant's 85.30 injury or disease, which must be determined in accordance with a 85.31 schedule established by the board by rule, not to exceed $2,000 85.32 per month or $24,000 per year. 85.33 Subd. 2. [PROPERTY DAMAGE LOSSES.] (a) Losses compensable 85.34 by the account for property damage are limited to the following 85.35 losses caused by damage to the principal residence of the 85.36 claimant: 86.1 (1) the reasonable cost of replacing or decontaminating the 86.2 primary source of drinking water for the property not to exceed 86.3 the amount actually expended by the claimant or assessed by a 86.4 local taxing authority, if the department of health has 86.5 confirmed that the remedy provides safe drinking water and 86.6 advised that the water not be used for drinking or determined 86.7 that the replacement or decontamination of the source of 86.8 drinking water was necessary, up to a maximum of $25,000; 86.9 (2) losses incurred as a result of a bona fide sale of the 86.10 property at less than the appraised market value under 86.11 circumstances that constitute a hardship to the owner, limited 86.12 to 75 percent of the difference between the appraised market 86.13 value and the selling price, but not to exceed $25,000; and 86.14 (3) losses incurred as a result of the inability of an 86.15 owner in hardship circumstances to sell the property due to the 86.16 presence of harmful substances, limited to the increase in costs 86.17 associated with the need to maintain two residences, but not to 86.18 exceed $25,000. 86.19 (b) In computation of the loss under paragraph (a), clause 86.20 (3), the boardagency shall offset the loss by the amount of any 86.21 income received by the claimant from the rental of the property. 86.22 (c) For purposes of paragraph (a), the following 86.23 definitions apply: 86.24 (1) "appraised market value" means an appraisal of the 86.25 market value of the property disregarding any decrease in value 86.26 caused by the presence of a harmful substance in or on the 86.27 property; and 86.28 (2) "hardship" means an urgent need to sell the property 86.29 based on a special circumstance of the owner including 86.30 catastrophic medical expenses, inability of the owner to 86.31 physically maintain the property due to a physical or mental 86.32 condition, and change of employment of the owner or other member 86.33 of the owner's household requiring the owner to move to a 86.34 different location. 86.35 (d) Appraisals are subject to boardagency approval. The 86.36 boardagency may adopt rules governing approval of appraisals, 87.1 criteria for establishing a hardship, and other matters 87.2 necessary to administer this subdivision. 87.3 Sec. 14. Minnesota Statutes 2000, section 115B.35, 87.4 subdivision 2, is amended to read: 87.5 Subd. 2. [TREATMENT OF PROTECTED INFORMATION.] In making a 87.6 preliminary orfinal decision under this section, the 87.7 boardagency shall examine protected information outside of the 87.8 presence of the claimant, the claimant's attorney, or any other 87.9 person except agency staff to the board. The boardagency, the 87.10 board'sagency's staff, and any other person who obtains access 87.11 to protected information under this section may not reveal 87.12 protected information to any person except as provided in this 87.13 section. 87.14 Sec. 15. Minnesota Statutes 2000, section 115B.35, 87.15 subdivision 3, is amended to read: 87.16 Subd. 3. [EVIDENCE ADMISSIBLE IN CLAIM PROCEEDINGS.] In 87.17 the determination of a claim, the boardagency may admit and 87.18 give probative effect to evidence that possesses probative value 87.19 commonly accepted by reasonable and prudent persons in the 87.20 conduct of their affairs. The boardagency shall give effect to 87.21 the rules of privilege recognized by law. The boardagency may 87.22 exclude incompetent, irrelevant, immaterial, and repetitious 87.23 evidence. 87.24 Sec. 16. Minnesota Statutes 2000, section 115B.35, 87.25 subdivision 4, is amended to read: 87.26 Subd. 4. [PRELIMINARY DECISION.] The board member to whom87.27 the claim is assignedagency shall review all materials filed in 87.28 support of the claim and may cause an investigation to be 87.29 conducted into the validity of the claim. The board member87.30 agency may make a preliminary decision on the basis of the 87.31 papers filed in support of the claim and the report of any 87.32 investigation of it. The decision must be in writing and include 87.33 the reasons for the decision, subject to the limitations on 87.34 disclosure of protected information. 87.35 Sec. 17. Minnesota Statutes 2000, section 115B.35, 87.36 subdivision 8, is amended to read: 88.1 Subd. 8. [APPEAL.] A final decision of the boardagency 88.2 made under this section is conclusive on all matters decided. 88.3 There is no right to judicial review of a final decision of the 88.4 boardagency. 88.5 Sec. 18. Minnesota Statutes 2000, section 115B.35, 88.6 subdivision 9, is amended to read: 88.7 Subd. 9. [REMEDIES AND PENALTIES.] A boardAn agency 88.8 member, boardagency staff person, or other person who reveals 88.9 protected information in violation of this section is subject to 88.10 the civil remedies contained in section 13.08 and the penalties 88.11 in section 13.09. 88.12 Sec. 19. Minnesota Statutes 2000, section 115B.36, is 88.13 amended to read: 88.14 115B.36 [AMOUNT AND FORM OF PAYMENT.] 88.15 If the boardagency decides to grant compensation, it shall 88.16 determine the net uncompensated loss payable to the claimant by 88.17 computing the total amount of compensable losses payable to the 88.18 claimant and subtracting the total amount of any compensation 88.19 received by the claimant for the same injury or damage from 88.20 other sources including, but not limited to, all forms of 88.21 insurance and social security and any emergency award made by 88.22 the boardagency. The boardagency shall pay compensation in 88.23 the amount of the net uncompensated loss, provided that no 88.24 claimant may receive more than $250,000. In the case of a 88.25 death, the total amount paid to all persons on behalf of the 88.26 claimant may not exceed $250,000. 88.27 Compensation from the account may be awarded in a lump sum 88.28 or in installments at the discretion of the boardagency. 88.29 Sec. 20. Minnesota Statutes 2000, section 115B.37, is 88.30 amended to read: 88.31 115B.37 [ATTORNEY FEES.] 88.32 The boardagency may by rule limit the fee charged by any 88.33 attorney for representing a claimant before the boardagency. 88.34 Sec. 21. Minnesota Statutes 2000, section 115C.08, 88.35 subdivision 4, is amended to read: 88.36 Subd. 4. [EXPENDITURES.] (a) Money in the fund may only be 89.1 spent: 89.2 (1) to administer the petroleum tank release cleanup 89.3 program established in this chapter; 89.4 (2) for agency administrative costs under sections 116.46 89.5 to 116.50, sections 115C.03 to 115C.06, and costs of corrective 89.6 action taken by the agency under section 115C.03, including 89.7 investigations; 89.8 (3) for costs of recovering expenses of corrective actions 89.9 under section 115C.04; 89.10 (4) for training, certification, and rulemaking under 89.11 sections 116.46 to 116.50; 89.12 (5) for agency administrative costs of enforcing rules 89.13 governing the construction, installation, operation, and closure 89.14 of aboveground and underground petroleum storage tanks; 89.15 (6) for reimbursement of the harmful substance compensation89.16 environmental response, compensation, and compliance account 89.17 under subdivision 5 and section 115B.26, subdivision 4; 89.18 (7) for administrative and staff costs as set by the board 89.19 to administer the petroleum tank release program established in 89.20 this chapter; 89.21 (8) for corrective action performance audits under section 89.22 115C.093; and 89.23 (9) for contamination cleanup grants, as provided in 89.24 paragraph (c). 89.25 (b) Except as provided in paragraph (c), money in the fund 89.26 is appropriated to the board to make reimbursements or payments 89.27 under this section. 89.28 (c) $6,200,000 is annually appropriated from the fund to 89.29 the commissioner of trade and economic development for 89.30 contamination cleanup grants under section 116J.554. Of this 89.31 amount, the commissioner may spend up to $120,000 annually for 89.32 administration of the contamination cleanup grant program. The 89.33 appropriation does not cancel and is available until expended. 89.34 The appropriation shall not be withdrawn from the fund nor the 89.35 fund balance reduced until the funds are requested by the 89.36 commissioner of trade and economic development. The 90.1 commissioner shall schedule requests for withdrawals from the 90.2 fund to minimize the necessity to impose the fee authorized by 90.3 subdivision 2. Unless otherwise provided, the appropriation in 90.4 this paragraph may be used for: 90.5 (1) project costs at a qualifying site if a portion of the 90.6 cleanup costs are attributable to petroleum contamination; and 90.7 (2) the costs of performing contamination investigation if 90.8 there is a reasonable basis to suspect the contamination is 90.9 attributable to petroleum. 90.10 Sec. 22. Minnesota Statutes 2000, section 115C.08, 90.11 subdivision 5, is amended to read: 90.12 Subd. 5. [ACCOUNT TRANSFER.] The board shall authorize the 90.13 commissioner of finance to transfer to the harmful substance90.14 compensationenvironmental response, compensation, and 90.15 compliance account the amount requested by the harmful substance90.16 compensation boardpollution control agency under section 90.17 115B.26, subdivision 4. Transfer of the amount must be made at 90.18 the earliest practical date after authorization by the board. 90.19 If the unencumbered balance in the account is less than 90.20 $2,000,000, the transfer must be made at the earliest practical 90.21 date after the unencumbered balance in the account exceeds that 90.22 amount. 90.23 Sec. 23. [REVISOR INSTRUCTION.] 90.24 The revisor shall make the following changes in Minnesota 90.25 Rules, chapter 7190: substitute "pollution control agency" or 90.26 "agency" for "harmful substance compensation board" or "board" 90.27 where it means the harmful substance compensation board; 90.28 substitute "agency" for "director"; substitute "agency staff" or 90.29 "staff" for "board members" or "member"; and substitute "agency" 90.30 for "board by majority vote." 90.31 Sec. 24. [REPEALER.] 90.32 Minnesota Statutes 2000, sections 115B.27; and 115B.35, 90.33 subdivisions 1, 5, and 6; and Minnesota Rules, parts 7021.0001, 90.34 subparts 2 and 4; 7190.0002; 7190.0003; 7190.0004; 7190.0008, 90.35 subparts 1 and 2; 7190.0015, subparts 1 and 2; 7190.0100, 90.36 subpart 2; and 7190.1000, subpart 1, are repealed.