3rd 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1.3 ambiguous, and omitted text and obsolete references; 1.4 eliminating certain redundant, conflicting, and 1.5 superseded provisions; reenacting certain legislation; 1.6 making miscellaneous technical corrections to statutes 1.7 and other laws; amending Minnesota Statutes 2000,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; 126C.10, subdivision 26; 1.25 144E.43, subdivision 1; 148.71, subdivision 3; 219.98; 1.26 221.185, subdivision 5a; 222.631, subdivision 1; 1.27 260B.171, subdivision 5; 270.708, subdivision 1; 1.28 270B.15; 297B.035, subdivision 3; 297I.05, subdivision 1.29 12; 297I.30, subdivisions 1, 5; 299F.11, subdivision 1.30 2; 349.163, subdivision 6; 349A.10, subdivision 5; 1.31 352D.02, subdivision 1; 383C.19; 401.05, subdivision 1.32 3; 437.08; 437.09; 437.10; 458D.02, subdivisions 2, 3; 1.33 458D.23; 469.110, subdivision 2; 469.116, subdivision 1.34 7; 469.118, subdivisions 1, 2, 4; 469.119, subdivision 1.35 1; 469.122; 469.154, subdivision 5; 471.415, 1.36 subdivision 2; 501B.61, as amended; 514.94; 524.2-301; 1.37 524.2-604; 524.2-609; 583.24, subdivision 4; 609.26, 1.38 subdivision 5; 609.341, subdivision 17; Minnesota 1.39 Statutes 2001 Supplement, sections 16A.151, by adding 1.40 a subdivision; 17B.15, subdivision 1; 60K.31, 1.41 subdivision 1; 60K.32; 60K.34, subdivision 1; 60K.39, 1.42 subdivisions 5, 6; 60K.48; 60K.51, subdivision 6; 1.43 60K.52, subdivision 1; 61B.23, subdivision 15; 1.44 119A.22; 126C.10, subdivision 4; 136G.03, subdivision 1.45 20; 144.057, subdivision 4; 169.073; 214.01, 1.46 subdivision 3; 216B.098, subdivision 2; 216B.2424, 2.1 subdivision 5; 216B.2425, subdivision 3; 268.052, 2.2 subdivision 1; 270.07, subdivision 3a; 275.28, 2.3 subdivision 1; 275.70, subdivision 5; 290A.03, 2.4 subdivision 13; 297A.668, subdivision 3; 336.9-334; 2.5 356.62; 376.08, subdivision 2; 501B.60, subdivision 3; 2.6 514.661, subdivision 5; 626.556, subdivision 11; Laws 2.7 1995, chapter 220, sections 141, 142, as amended; Laws 2.8 1997, chapter 202, article 2, section 61, as amended; 2.9 Laws 2000, chapter 399, article 1, section 139; Laws 2.10 2001, chapter 171, section 12; proposing coding for 2.11 new law in Minnesota Statutes, chapter 89A; repealing 2.12 Minnesota Statutes 2000, sections 115B.27; 115B.35, 2.13 subdivisions 1, 5, 6; 116.19; 221.0315; 437.11; 2.14 462A.072; 557.11; Minnesota Statutes 2001 Supplement, 2.15 sections 16A.1286, subdivisions 4, 5; Laws 1997, 2.16 chapter 85, article 4, section 28; Laws 1999, chapter 2.17 159, section 79; Laws 1999, chapter 231, section 180; 2.18 Laws 2001, chapter 161, section 4; Laws 2001, chapter 2.19 162, section 4; Laws 2001, First Special Session 2.20 chapter 2, section 103; Laws 2001, First Special 2.21 Session chapter 8, article 7, section 1; Minnesota 2.22 Rules, parts 5300.0360; 7021.0001, subparts 2, 4; 2.23 7190.0002; 7190.0003; 7190.0004; 7190.0008, subparts 2.24 1, 2; 7190.0015, subparts 1, 2; 7190.0100, subpart 2; 2.25 7190.1000, subpart 1. 2.26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.27 ARTICLE 1 2.28 GENERAL 2.29 Section 1. Minnesota Statutes 2000, section 13.04, 2.30 subdivision 2, is amended to read: 2.31 Subd. 2. [INFORMATION REQUIRED TO BE GIVEN INDIVIDUAL.] An 2.32 individual asked to supply private or confidential data 2.33 concerning the individual shall be informed of: (a) the purpose 2.34 and intended use of the requested data within the collecting 2.35 state agency, political subdivision, or statewide system; (b) 2.36 whether the individual may refuse or is legally required to 2.37 supply the requested data; (c) any known consequence arising 2.38 from supplying or refusing to supply private or confidential 2.39 data; and (d) the identity of other persons or entities 2.40 authorized by state or federal law to receive the data. This 2.41 requirement shall not apply when an individual is asked to 2.42 supply investigative data, pursuant to section 13.82, 2.43 subdivision
57, to a law enforcement officer. 2.44 Sec. 2. Minnesota Statutes 2000, section 13.461, 2.45 subdivision 7, is amended to read: 2.46 Subd. 7. [APPLICATION PROCEDURES.] Tribal licensing agency 2.47 access to criminal history data is governed by section 245A.04, 2.48 subdivision 3, paragraph (h)(u). 3.1 Sec. 3. Minnesota Statutes 2000, section 13.4963, 3.2 subdivision 2, is amended to read: 3.3 Subd. 2. [GENERALLY.] Classification and disclosure of tax 3.4 data created, collected, or maintained by the department of 3.5 revenue under chapter 115B (except taxes imposed under sections 3.6 115B.21 to 115B.24), 289A (except for taxes imposed under 3.7 sections 298.01, 298.015, and 298.24), 290, 290A, 291, or297A, 3.8 or 297H, and sections 295.50 to 295.59 or any similar Indian 3.9 tribal tax administered by the commissioner according to a tax 3.10 agreement between the state and an Indian tribal government are 3.11 governed by chapter 270B. 3.12 Sec. 4. Minnesota Statutes 2000, section 13.4967, 3.13 subdivision 3, is amended to read: 3.14 Subd. 3. [ GROSS EARNINGS TAXESHOSPITAL AND HEALTH CARE 3.15 PROVIDER TAX.] Certain patient data provided to the department 3.16 of revenue under chapter 295sections 295.50 to 295.59 are 3.17 classified under section 295.57, subdivision 2. 3.18 Sec. 5. Minnesota Statutes 2000, section 13D.05, 3.19 subdivision 2, is amended to read: 3.20 Subd. 2. [WHEN MEETING MUST BE CLOSED.] (a) Any portion of 3.21 a meeting must be closed if expressly required by other law or 3.22 if the following types of data are discussed: 3.23 (1) data that would identify alleged victims or reporters 3.24 of criminal sexual conduct, domestic abuse, or maltreatment of 3.25 minors or vulnerable adults; 3.26 (2) active investigative data as defined in section 13.82, 3.27 subdivision 57, or internal affairs data relating to 3.28 allegations of law enforcement personnel misconduct collected or 3.29 created by a state agency, statewide system, or political 3.30 subdivision; or 3.31 (3) educational data, health data, medical data, welfare 3.32 data, or mental health data that are not public data under 3.33 section 13.32, 13.3805, subdivision 1, 13.384, or 13.46, 3.34 subdivision 2 or 7. 3.35 (b) A public body shall close one or more meetings for 3.36 preliminary consideration of allegations or charges against an 4.1 individual subject to its authority. If the members conclude 4.2 that discipline of any nature may be warranted as a result of 4.3 those specific charges or allegations, further meetings or 4.4 hearings relating to those specific charges or allegations held 4.5 after that conclusion is reached must be open. A meeting must 4.6 also be open at the request of the individual who is the subject 4.7 of the meeting. 4.8 Sec. 6. Minnesota Statutes 2000, section 15A.086, is 4.9 amended to read: 4.10 15A.086 [LIMITS ON BONUS PAYMENTS.] 4.11 Notwithstanding any law to the contrary, an employee of the 4.12 state lottery or of a public corporation or nonprofit 4.13 corporation created by law may not receive bonus payments in any 4.14 year that exceed ten percent of the employee's base salary for 4.15 that year. For purposes of this section, bonus payments include 4.16 any combination of merit pay, achievement awards, or any other 4.17 cash payments in addition to base salary, other than severance 4.18 pay or overtime or holiday pay. Groups covered by this section 4.19 include, but are not limited to, the Workers' Compensation 4.20 Reinsurance Association, the Minnesota Insurance Guaranty 4.21 Association, the Fair plan, the Joint Underwriters Association, 4.22 the Minnesota Joint Underwriters Association, the Life and 4.23 Health Guaranty Association, the Minnesota Comprehensive Health 4.24 Association, the Minnesota State High School League, Minnesota 4.25 Technology, Inc., Agricultural Utilization Research Institute, 4.26 Minnesota Project Outreach Corporation, State Fund Mutual4.27 Insurance Company,and the State Agricultural Society. This 4.28 section does not give any entity authority to grant a bonus not 4.29 otherwise authorized by law. 4.30 Sec. 7. Minnesota Statutes 2001 Supplement, section 4.31 16A.151, is amended by adding a subdivision to read: 4.32 Subd. 4. [SUPERSEDE.] This section supersedes section 4.33 8.31, subdivision 2c. 4.34 Sec. 8. Minnesota Statutes 2000, section 16D.11, 4.35 subdivision 6, is amended to read: 4.36 Subd. 6. [CHARGE TO REFERRING AGENCY.] If collection costs 5.1 are canceled under subdivision 3, an amount equal to the penalty5.2 costs is retained by the commissioner from the debt collected, 5.3 and is accounted for and subject to the same provisions of this 5.4 chapter as if the penaltycosts had been collected from the 5.5 debtor. 5.6 Sec. 9. Minnesota Statutes 2000, section 17A.04, 5.7 subdivision 1, is amended to read: 5.8 Subdivision 1. [LICENSING PROVISIONS.] Licenses shall be 5.9 issued to livestock market agencies and public stockyards 5.10 annually and shall expire on December 31 each year, renewable 5.11 annually thereafter. A separate license must be obtained for 5.12 each separate geographical location even though operated under 5.13 the same management or same person, partnership, firm, 5.14 corporation, or livestock market. The license issued to a 5.15 livestock market agency and public stockyard shall be 5.16 conspicuously posted at the licensee's place of business. 5.17 Licenses shall be required for livestock dealers and their 5.18 agents for the period beginning July 1 each year and ending June 5.19 30. The license issued to a livestock dealer or the agent of a 5.20 livestock dealer shall be carried by the person so licensed. 5.21 The livestock dealer shall be responsible for the acts of the 5.22 dealer's agents. Licensed livestock market agencies, public 5.23 stockyards, and livestock dealers shall be responsible for the 5.24 faithful performance of duty of the public livestock weighers at 5.25 their places of business. The license issued to a livestock 5.26 market agency, public stockyard or livestock dealer or agent of 5.27 a livestock dealer is not transferable. The operation of 5.28 livestock market agencies, livestock dealers, agents and packers 5.29 at a public stockyard are exempt from sections 17A.01 5.30 to 17A.091,17A.09 and 17A.12 to 17A.17. 5.31 Sec. 10. Minnesota Statutes 2001 Supplement, section 5.32 17B.15, subdivision 1, is amended to read: 5.33 Subdivision 1. [ADMINISTRATION; APPROPRIATION.] The fees 5.34 for inspection and weighing shall be fixed by the commissioner 5.35 and be a lien upon the grain. The commissioner shall set fees 5.36 for all inspection and weighing in an amount adequate to pay the 6.1 expenses of carrying out and enforcing the purposes of sections 6.2 17B.01 to 17B.22, including the portion of general support costs 6.3 and statewide indirect costs of the agency attributable to that 6.4 function, with a reserve sufficient for up to six months. The 6.5 commissioner shall review the fee schedule twice each year. Fee 6.6 adjustments are not subject to chapter 14. Payment shall be 6.7 required for services rendered. 6.8 All fees collected and all fines and penalties for 6.9 violation of any provision of this chapter shall be deposited in 6.10 the grain inspection and weighing account, which is created in 6.11 the agricultural fund for carrying out the purpose of sections 6.12 17B.01 to 17B.2317B.22. The money in the account, including 6.13 interest earned on the account, is annually appropriated to the 6.14 commissioner of agriculture to administer the provisions of 6.15 sections 17B.01 to 17B.2317B.22. When money from any other 6.16 account is used to administer sections 17B.01 to 17B.2317B.22, 6.17 the commissioner shall notify the chairs of the agriculture, 6.18 environment and natural resources finance, and ways and means 6.19 committees of the house of representatives; the agriculture and 6.20 rural development and finance committees of the senate; and the 6.21 finance division of the environment and natural resources 6.22 committee of the senate. 6.23 Sec. 11. Minnesota Statutes 2000, section 31.51, 6.24 subdivision 3, is amended to read: 6.25 Subd. 3. [RETAIL MEAT MARKET; WHOLESALE MEAT PROCESSING 6.26 ESTABLISHMENT.] "Retail meat market" or "wholesale meat 6.27 processing establishment" means an establishment with or without 6.28 slaughtering facilities, where animal carcasses or edible 6.29 products derived therefrom are cured, salted, processed, 6.30 packaged, or otherwise prepared for sale as food intended for 6.31 human consumption; provided, however, that retail meat market or 6.32 wholesale meat processing establishment does not include: (1) a 6.33 purveyor of meals, or (2) a frozen food processing plant 6.34 licensed under section 31.185 andin which no slaughtering 6.35 operations are conducted. 6.36 Sec. 12. Minnesota Statutes 2000, section 32.073, is 7.1 amended to read: 7.2 32.073 [LICENSES; EXAMINATIONS, QUALIFICATIONS.] 7.3 A grading and testing license shall be issued by the 7.4 commissioner to a person making application therefor, after the 7.5 commissioner has determined that the applicant is competent and 7.6 qualified to grade and test milk and cream, and that the 7.7 applicant understands and is familiar with the provisions of 7.8 sections 32.01 to 32.53232.486. Any conviction for violating 7.9 sections 32.01 to 32.53232.486 or the standards, grades, and 7.10 rules adopted by the commissioner shall be taken into 7.11 consideration in determining whether or not the applicant is 7.12 competent and qualified. 7.13 Sec. 13. Minnesota Statutes 2000, section 41A.09, 7.14 subdivision 8, is amended to read: 7.15 Subd. 8. [PROMOTIONAL AND EDUCATIONAL MATERIALS; 7.16 DESCRIPTION OF MULTIPLE SOURCES OF ETHANOL REQUIRED.] 7.17 Promotional or educational efforts related to ethanol that are 7.18 financed wholly or partially with state funds and that promote 7.19 or identify a particular crop or commodity used to produce 7.20 ethanol must also include a description of the other potential 7.21 sources of ethanol listed in subdivision 22a. 7.22 Sec. 14. Minnesota Statutes 2000, section 41B.045, 7.23 subdivision 2, is amended to read: 7.24 Subd. 2. [LOAN PARTICIPATION.] The authority may 7.25 participate in a livestock expansion loan with an eligible 7.26 lender to a livestock farmer who meets the requirements of 7.27 section 41B.03, subdivision 1, clauses (1) and (2), and who are 7.28 actively engaged in a livestock operation. A prospective 7.29 borrower must have a total net worth, including assets and 7.30 liabilities of the borrower's spouse and dependents, of less 7.31 than $400,000 in 1999 and an amount in subsequent years which is 7.32 adjusted for inflation by multiplying $400,000 by the cumulative 7.33 inflation rate as determined by the United States All-Items 7.34 Consumer Price Index. 7.35 Participation is limited to 45 percent of the principal 7.36 amount of the loan or $250,000, whichever is less. The interest 8.1 rates and repayment terms of the authority's participation 8.2 interest may be different from the interest rates and repayment 8.3 terms of the lender's retained portion of the loan. Loans under8.4 this program must not be included in the lifetime limitation8.5 calculated under section 41B.03, subdivision 1.8.6 Sec. 15. Minnesota Statutes 2000, section 41B.046, 8.7 subdivision 5, is amended to read: 8.8 Subd. 5. [LOANS.] (a) The authority may participate in a 8.9 stock loan with an eligible lender to a farmer who is eligible 8.10 under subdivision 4. Participation is limited to 45 percent of 8.11 the principal amount of the loan or $24,000, whichever is less. 8.12 The interest rates and repayment terms of the authority's 8.13 participation interest may differ from the interest rates and 8.14 repayment terms of the lender's retained portion of the loan, 8.15 but the authority's interest rate must not exceed 50 percent of 8.16 the lender's interest rate. 8.17 (b) No more than 95 percent of the purchase price of the 8.18 stock may be financed under this program. 8.19 (c) Loans under this program must not be included in the8.20 lifetime limitation calculated under section 41B.03, subdivision8.21 1.8.22 (d)Security for stock loans must be the stock purchased, a 8.23 personal note executed by the borrower, and whatever other 8.24 security is required by the eligible lender or the authority. 8.25 (e)(d) The authority may impose a reasonable nonrefundable 8.26 application fee for each application for a stock loan. The 8.27 authority may review the fee annually and make adjustments as 8.28 necessary. The application fee is initially $50. Application 8.29 fees received by the authority must be deposited in the 8.30 value-added agricultural product revolving fund. 8.31 (f)(e) Stock loans under this program will be made using 8.32 money in the value-added agricultural product revolving fund 8.33 established under subdivision 3. 8.34 (g)(f) The authority may not grant stock loans in a 8.35 cumulative amount exceeding $2,000,000 for the financing of 8.36 stock purchases in any one cooperative. 9.1 Sec. 16. Minnesota Statutes 2000, section 41B.047, 9.2 subdivision 4, is amended to read: 9.3 Subd. 4. [LOANS.] (a) The authority may participate in a 9.4 disaster recovery loan with an eligible lender to a farmer who 9.5 is eligible under subdivision 3. Participation is limited to 45 9.6 percent of the principal amount of the loan or $50,000, 9.7 whichever is less. The interest rates and repayment terms of 9.8 the authority's participation interest may differ from the 9.9 interest rates and repayment terms of the lender's retained 9.10 portion of the loan, but the authority's interest rate must not 9.11 exceed four percent. 9.12 (b) Standards for loan amortization shall be set by the 9.13 rural finance authority not to exceed ten years. 9.14 (c) Loans under this program must not be included in the9.15 lifetime limitation calculated under section 41B.03, subdivision9.16 1.9.17 (d)Security for the disaster recovery loans must be a 9.18 personal note executed by the borrower and whatever other 9.19 security is required by the eligible lender or the authority. 9.20 (e)(d) The authority may impose a reasonable nonrefundable 9.21 application fee for a disaster recovery loan. The authority may 9.22 review the fee annually and make adjustments as necessary. The 9.23 application fee is initially $50. Application fees received by 9.24 the authority must be deposited in the disaster recovery 9.25 revolving fund. 9.26 (f)(e) Disaster recovery loans under this program will be 9.27 made using money in the disaster recovery revolving fund 9.28 established under subdivision 2. 9.29 Sec. 17. Minnesota Statutes 2000, section 48.24, 9.30 subdivision 5, is amended to read: 9.31 Subd. 5. Loans or obligations shall not be subject under 9.32 this section to any limitation based upon such capital and 9.33 surplus to the extent that they are secured or covered by 9.34 guarantees, or by commitments or agreements to take over or to 9.35 purchase the same, made by: 9.36 (1) the commissioner of agriculture on the purchase of 10.1 agricultural land; 10.2 (2) any Federal Reserve bank; 10.3 (3) the United States or any department, bureau, board, 10.4 commission, or establishment of the United States, including any 10.5 corporation wholly owned directly or indirectly by the United 10.6 States; 10.7 (4) the Minnesota energytrade and economic development 10.8 authoritydepartment; 10.9 (5) the Minnesota export finance authority; or 10.10 (6) a municipality or political subdivision within 10.11 Minnesota to the extent that the guarantee or collateral is a 10.12 valid and enforceable general obligation of that political body. 10.13 Sec. 18. Minnesota Statutes 2001 Supplement, section 10.14 60K.31, subdivision 1, is amended to read: 10.15 Subdivision 1. [SCOPE.] For purposes of sections 10.16 60K.3160K.30 to 60K.5760K.56, the terms in subdivisions 2 to 10.17 18 have the meanings given them. The definitions in section 10.18 60A.02 are applicable to terms not defined in this section, 10.19 unless the language or context clearly indicates that a 10.20 different meaning is intended. 10.21 Sec. 19. Minnesota Statutes 2001 Supplement, section 10.22 60K.32, is amended to read: 10.23 60K.32 [LICENSE REQUIRED.] 10.24 A person shall not sell, solicit, or negotiate insurance in 10.25 this state for any class or classes of insurance unless the 10.26 person is licensed for that line of authority under sections 10.27 60K.3160K.30 to 60K.5760K.56. The license itself does not 10.28 create any authority, actual, apparent, or inherent, in the 10.29 holder to represent or commit an insurance carrier. 10.30 Sec. 20. Minnesota Statutes 2001 Supplement, section 10.31 60K.34, subdivision 1, is amended to read: 10.32 Subdivision 1. [LICENSE NOT REQUIRED.] Nothing in sections 10.33 60K.3160K.30 to 60K.5760K.56 requires an insurer to obtain an 10.34 insurance producer license. In this section, the term "insurer" 10.35 does not include an insurer's officers, directors, employees, 10.36 subsidiaries, or affiliates. 11.1 Sec. 21. Minnesota Statutes 2001 Supplement, section 11.2 60K.39, subdivision 5, is amended to read: 11.3 Subd. 5. [SURPLUS LINES PRODUCERS.] (a) Notwithstanding 11.4 any other provision of sections 60K.3160K.30 to 60K.5760K.56, 11.5 a person licensed as a surplus lines producer in the person's 11.6 home state shall receive a nonresident surplus lines producer 11.7 license under subdivision 1. Except as to subdivision 1, 11.8 nothing in this section otherwise amends or supersedes any 11.9 provision of sections 60A.195 to 60A.209. 11.10 (b) No surplus lines agent or broker licensed under 11.11 sections 60A.195 to 60A.209 may do business in this state unless 11.12 the agent or broker has complied with the requirements set forth 11.13 in section 60A.198, subdivision 3, paragraphs (b) to (d). 11.14 Sec. 22. Minnesota Statutes 2001 Supplement, section 11.15 60K.39, subdivision 6, is amended to read: 11.16 Subd. 6. [LIMITED LINES PRODUCER.] Notwithstanding any 11.17 other provision of sections 60K.3160K.30 to 60K.5760K.56, a 11.18 person licensed as a limited line credit insurance or other type 11.19 of limited lines producer in the person's home state shall 11.20 receive a nonresident limited lines producer license, under 11.21 subdivision 1, granting the same scope of authority as granted 11.22 under the license issued by the producer's home state. For the 11.23 purposes of this subdivision, limited line insurance is any 11.24 authority granted by the home state that restricts the authority 11.25 of the license to less than the total authority prescribed in 11.26 the associated major lines pursuant to section 60K.38, 11.27 subdivision 1, clauses (1) to (6). 11.28 Sec. 23. Minnesota Statutes 2001 Supplement, section 11.29 60K.48, is amended to read: 11.30 60K.48 [COMMISSIONS.] 11.31 Subdivision 1. [PAYMENT PROHIBITED.] An insurance company 11.32 or insurance producer shall not pay a commission, service fee, 11.33 brokerage, or other valuable consideration to a person for 11.34 selling, soliciting, or negotiating insurance in this state if 11.35 that person is required to be licensed under sections 11.36 60K.3160K.30 to 60K.5760K.56 and is not so licensed. 12.1 Subd. 2. [ACCEPTANCE PROHIBITED.] A person shall not 12.2 accept a commission, service fee, brokerage, or other valuable 12.3 consideration for selling, soliciting, or negotiating insurance 12.4 in this state if that person is required to be licensed under 12.5 sections 60K.3160K.30 to 60K.5760K.56 and is not so licensed. 12.6 Subd. 3. [EXCEPTIONS.] (a) Renewal or other deferred 12.7 commissions may be paid to a person for selling, soliciting, or 12.8 negotiating insurance in this state if the person was required 12.9 to be licensed under sections 60K.3160K.30 to 60K.5760K.56 at 12.10 the time of the sale, solicitation, or negotiation and was so 12.11 licensed at that time. 12.12 (b) An insurer or insurance producer may pay or assign 12.13 commissions, service fees, brokerages, or other valuable 12.14 consideration to an insurance agency or to persons who do not 12.15 sell, solicit, or negotiate insurance in this state, unless the 12.16 payment would constitute an illegal rebate or otherwise violate 12.17 section 72A.20, subdivision 10. A duly licensed producer may 12.18 pay commissions or assign or direct that commissions be paid to 12.19 a partnership of which the producer is a member, employee, or 12.20 agent, or to a corporation of which the agent is an officer, 12.21 employee, or agent. 12.22 Sec. 24. Minnesota Statutes 2001 Supplement, section 12.23 60K.51, subdivision 6, is amended to read: 12.24 Subd. 6. [CLASSIFICATION OF INVESTIGATIVE DATA.] Any 12.25 documents, materials, or other information in the control or 12.26 possession of the department of commerce that is furnished by an 12.27 insurer, producer, or an employee or agent of an insurer or 12.28 producer acting on behalf of the insurer or producer, or 12.29 obtained by the commissioner in an investigation pursuant to 12.30 this section is classified as confidential data pursuant to 12.31 section 13.41, subdivision 4, or private data pursuant to 12.32 section 13.41, subdivision 2. 12.33 Sec. 25. Minnesota Statutes 2001 Supplement, section 12.34 60K.52, subdivision 1, is amended to read: 12.35 Subdivision 1. [COMMISSIONER'S AUTHORITY.] In order to 12.36 assist in the performance of the commissioner's duties under 13.1 sections 60K.3160K.30 to 60K.5760K.56, the commissioner: 13.2 (1) may share licensing data or any active or inactive 13.3 investigative data with other state, federal, and international 13.4 regulatory agencies, with the National Association of Insurance 13.5 Commissioners, its affiliates or subsidiaries, and with state, 13.6 federal, and international law enforcement authorities if the 13.7 recipient agrees to maintain the data in a manner consistent 13.8 with its data classification; 13.9 (2) may receive documents, materials, or information, 13.10 including otherwise confidential and privileged documents, 13.11 materials, or information, from the National Association of 13.12 Insurance Commissioners, its affiliates or subsidiaries, and 13.13 from regulatory and law enforcement officials of other foreign 13.14 or domestic jurisdictions, and shall maintain as confidential or 13.15 privileged any document, material, or information received with 13.16 notice or the understanding that it is confidential or 13.17 privileged under the laws of the jurisdiction that is the source 13.18 of the document, material, or information; and 13.19 (3) may enter into agreements governing sharing and use of 13.20 information consistent with this subdivision. 13.21 No waiver of any applicable privilege or claim of 13.22 confidentiality in the documents, materials, or information 13.23 occurs as a result of disclosure to the commissioner under this 13.24 section or as a result of sharing as authorized in this 13.25 subdivision. 13.26 Nothing in sections 60K.3160K.30 to 60K.5760K.56 13.27 prohibits the commissioner from releasing information concerning 13.28 final, adjudicated actions, including for-cause terminations, to 13.29 a database or other clearinghouse service maintained by the 13.30 National Association of Insurance Commissioners, its affiliates, 13.31 or subsidiaries of the National Association of Insurance 13.32 Commissioners. 13.33 Sec. 26. Minnesota Statutes 2001 Supplement, section 13.34 61B.23, subdivision 15, is amended to read: 13.35 Subd. 15. [VENUE; APPEAL BOND.] Except as otherwise 13.36 provided in section 61B.24, subdivision 10, or 61B.26, paragraph 14.1 (c), venue in a suit against the association arising under 14.2 sections 62B.18 to 62B.3261B.18 to 61B.32 shall be in Ramsey 14.3 county. The association shall not be required to give an appeal 14.4 bond in an appeal that relates to a cause of action arising 14.5 under sections 61B.18 to 61B.32. 14.6 Sec. 27. [89A.11] [REPEALER.] 14.7 Sections 89A.01; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 14.8 89A.07; 89A.08; 89A.09; 89A.10; and 89A.11, are repealed June 14.9 30, 2007. 14.10 Sec. 28. Minnesota Statutes 2000, section 115A.06, 14.11 subdivision 5a, is amended to read: 14.12 Subd. 5a. [ACQUISITION OF EASEMENTS.] If the office 14.13 determines that any activity deemed necessary to accomplish its 14.14 purposes under subdivision 5 constitutes a substantial 14.15 interference with the possession, enjoyment, or value of the 14.16 property where the activity will take place, the office may 14.17 acquire a temporary easement interest in the property that 14.18 permits the office to carry out the activity and other 14.19 activities incidental to the accomplishment of the same 14.20 purposes. The office may acquire temporary easement interests 14.21 under this subdivision by purchase, gift, or condemnation. The 14.22 right of the office to acquire a temporary easement is subject 14.23 to the same requirements and may be exercised with the same 14.24 authority as provided for acquisition of property interests by 14.25 the commissioner of administration under Minnesota Statutes 14.26 1994, section 115A.06, subdivision 4. 14.27 Sec. 29. Minnesota Statutes 2000, section 115A.59, is 14.28 amended to read: 14.29 115A.59 [BOND AUTHORIZATION AND APPROPRIATION OF PROCEEDS.] 14.30 The commissioner of finance is authorized, upon request of 14.31 the director, to sell state bonds in the amount of up to 14.32 $8,800,000 for the purpose of the waste processing facility 14.33 capital assistance program under section 115A.54 , and in the14.34 amount of up to $6,200,000 for the purpose of acquiring real14.35 property and interests in real property for hazardous waste14.36 facility sites and buffer areas as authorized by section15.1 115A.06, subdivision 4. The bonds shall be sold in the manner 15.2 and upon the conditions prescribed in sections 16A.631 to 15.3 16A.675, and in the Minnesota Constitution, article XI, sections 15.4 4 to 7. The amount of bonds issued pursuant to this 15.5 authorization shall not exceed at any time the amount needed to 15.6 produce a balance in the waste management account equal to the 15.7 aggregate amount of the loans and grants then approved and not 15.8 previously disbursed, plus the amount of the loans and grants to 15.9 be approved in the current and the following fiscal year, as 15.10 estimated by the director. 15.11 Sec. 30. Minnesota Statutes 2000, section 115A.9157, 15.12 subdivision 6, is amended to read: 15.13 Subd. 6. [LIST OF PARTICIPANTS.] A manufacturer or its 15.14 representative organization shall inform the legislative15.15 commission on waste managementcommittees listed in subdivision 15.16 5 when they begin participating in the projects and programs and 15.17 immediately if they withdraw participation. The list of15.18 participants shall be available to retailers, distributors,15.19 governmental agencies, and other interested persons who provide15.20 a self-addressed stamped envelope to the commission.15.21 Sec. 31. Minnesota Statutes 2000, section 115B.20, 15.22 subdivision 1, is amended to read: 15.23 Subdivision 1. [ESTABLISHMENT.] (a) The environmental 15.24 response, compensation, and compliance account is in the 15.25 environmental fund in the state treasury and may be spent only 15.26 for the purposes provided in subdivision 2. 15.27 (b) The commissioner of finance shall administer a response 15.28 account for the agency and the commissioner of agriculture to 15.29 take removal, response, and other actions authorized under 15.30 subdivision 2, clauses (1) to (4) and (10) to (12)(9) to (11). 15.31 The commissioner of finance shall transfer money from the 15.32 response account to the agency and the commissioner of 15.33 agriculture to take actions required under subdivision 2, 15.34 clauses (1) to (4) and (10) to (12)(9) to (11). 15.35 (c) The commissioner of finance shall administer the 15.36 account in a manner that allows the commissioner of agriculture 16.1 and the agency to utilize the money in the account to implement 16.2 their removal and remedial action duties as effectively as 16.3 possible. 16.4 (d) Amounts appropriated to the commissioner of finance 16.5 under this subdivision shall not be included in the department 16.6 of finance budget but shall be included in the pollution control 16.7 agency and department of agriculture budgets. 16.8 (e) All money recovered by the state under section 115B.04 16.9 or any other law for injury to, destruction of, or loss of 16.10 natural resources resulting from the release of a hazardous 16.11 substance, or a pollutant or contaminant, must be credited to 16.12 the environmental response, compensation, and compliance account 16.13 in the environmental fund and is appropriated to the 16.14 commissioner of natural resources for purposes of subdivision 2, 16.15 clause (5), consistent with any applicable term of judgments, 16.16 consent decrees, consent orders, or other administrative actions 16.17 requiring payments to the state for such purposes. Before 16.18 making an expenditure of money appropriated under this 16.19 paragraph, the commissioner of natural resources shall provide 16.20 written notice of the proposed expenditure to the chairs of the 16.21 senate committee on finance, the house of representatives 16.22 committee on ways and means, the finance division of the senate 16.23 committee on environment and natural resources, and the house of 16.24 representatives committee on environment and natural resources 16.25 finance. 16.26 Sec. 32. Minnesota Statutes 2000, section 115B.20, 16.27 subdivision 2, is amended to read: 16.28 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject 16.29 to appropriation by the legislature the money in the account may 16.30 be spent for any of the following purposes: 16.31 (1) preparation by the agency and the commissioner of 16.32 agriculture for taking removal or remedial action under section 16.33 115B.17, or under chapter 18D, including investigation, 16.34 monitoring and testing activities, enforcement and compliance 16.35 efforts relating to the release of hazardous substances, 16.36 pollutants or contaminants under section 115B.17 or 115B.18, or 17.1 chapter 18D; 17.2 (2) removal and remedial actions taken or authorized by the 17.3 agency or the commissioner of the pollution control agency under 17.4 section 115B.17, or taken or authorized by the commissioner of 17.5 agriculture under chapter 18D including related enforcement and 17.6 compliance efforts under section 115B.17 or 115B.18, or chapter 17.7 18D, and payment of the state share of the cost of remedial 17.8 action which may be carried out under a cooperative agreement 17.9 with the federal government pursuant to the federal Superfund 17.10 Act, under United States Code, title 42, section 9604(c)(3) for 17.11 actions related to facilities other than commercial hazardous 17.12 waste facilities located under the siting authority of chapter 17.13 115A; 17.14 (3) reimbursement to any private person for expenditures 17.15 made before July 1, 1983, to provide alternative water supplies 17.16 deemed necessary by the agency or the commissioner of 17.17 agriculture and the department of health to protect the public 17.18 health from contamination resulting from the release of a 17.19 hazardous substance; 17.20 (4) removal and remedial actions taken or authorized by the 17.21 agency or the commissioner of agriculture or the pollution 17.22 control agency under section 115B.17, or chapter 18D, including 17.23 related enforcement and compliance efforts under section 115B.17 17.24 or 115B.18, or chapter 18D, and payment of the state share of 17.25 the cost of remedial action which may be carried out under a 17.26 cooperative agreement with the federal government pursuant to 17.27 the federal Superfund Act, under United States Code, title 42, 17.28 section 9604(c)(3) for actions related to commercial hazardous 17.29 waste facilities located under the siting authority of chapter 17.30 115A; 17.31 (5) planning and implementation by the commissioner of 17.32 natural resources of the rehabilitation, restoration, or 17.33 acquisition of natural resources to remedy injuries or losses to 17.34 natural resources resulting from the release of a hazardous 17.35 substance; 17.36 (6) inspection, monitoring, and compliance efforts by the 18.1 agency, or by political subdivisions with agency approval, of 18.2 commercial hazardous waste facilities located under the siting 18.3 authority of chapter 115A; 18.4 (7) grants by the agency or the office of environmental 18.5 assistance to demonstrate alternatives to land disposal of 18.6 hazardous waste including reduction, separation, pretreatment, 18.7 processing and resource recovery, for education of persons 18.8 involved in regulating and handling hazardous waste; 18.9 (8) intervention and environmental mediation by the18.10 legislative commission on waste management under chapter 115A;18.11 (9)grants by the agency to study the extent of 18.12 contamination and feasibility of cleanup of hazardous substances 18.13 and pollutants or contaminants in major waterways of the state; 18.14 (10)(9) acquisition of a property interest under section 18.15 115B.17, subdivision 15; 18.16 (11)(10) reimbursement, in an amount to be determined by 18.17 the agency in each case, to a political subdivision that is not 18.18 a responsible person under section 115B.03, for reasonable and 18.19 necessary expenditures resulting from an emergency caused by a 18.20 release or threatened release of a hazardous substance, 18.21 pollutant, or contaminant; and 18.22 (12)(11) reimbursement to a political subdivision for 18.23 expenditures in excess of the liability limit under section 18.24 115B.04, subdivision 4. 18.25 Sec. 33. Minnesota Statutes 2000, section 115B.20, 18.26 subdivision 5, is amended to read: 18.27 Subd. 5. [RECOMMENDATION.] The legislative commission on18.28 waste management and thecommissioner of agriculture shall make 18.29 recommendations to the standing legislative committees on 18.30 finance and appropriations regarding appropriations from the 18.31 account. 18.32 Sec. 34. Minnesota Statutes 2000, section 116J.615, is 18.33 amended to read: 18.34 116J.615 [OFFICE OF TOURISM.] 18.35 Subdivision 1. [DUTIES OF DIRECTORDEPUTY COMMISSIONER.] 18.36 The directordeputy commissioner of the office of tourism shall: 19.1 (1) publish, disseminate, and distribute informational and 19.2 promotional literature; 19.3 (2) promote and encourage the expansion and development of 19.4 international tourism marketing; 19.5 (3) advertise and disseminate information about travel 19.6 opportunities in the state of Minnesota; 19.7 (4) aid various local communities to improve their tourism 19.8 marketing programs; 19.9 (5) coordinate and implement a comprehensive state tourism 19.10 marketing program that takes into consideration all public and 19.11 private businesses and attractions; 19.12 (6) conduct market research and analysis to improve 19.13 marketing techniques in the area of tourism; 19.14 (7) investigate and study conditions affecting Minnesota's 19.15 tourism industry, collect and disseminate information, and 19.16 engage in technical studies, scientific investigations, and 19.17 statistical research and educational activities necessary or 19.18 useful for the proper execution of the powers and duties of the 19.19 directordeputy commissioner in promoting and developing 19.20 Minnesota's tourism industry, both within and outside the state; 19.21 (8) apply for, accept, receive, and expend any funds for 19.22 the promotion of tourism in Minnesota. All money received by 19.23 the directordeputy commissioner under this subdivision shall be 19.24 deposited in the state treasury and is appropriated to 19.25 the directordeputy commissioner for the purposes for which the 19.26 money has been received. The directordeputy commissioner may 19.27 enter into interagency agreements and may agree to share net 19.28 revenues with the contributing agencies. The money does not 19.29 cancel and is available until expended; and 19.30 (9) plan and conduct information and publicity programs to 19.31 attract tourists, visitors, and other interested persons from 19.32 outside the state to this state; encourage and coordinate 19.33 efforts of other public and private organizations or groups of 19.34 citizens to publicize facilities and attractions in this state; 19.35 and work with representatives of the hospitality and tourism 19.36 industry to carry out its programs. 20.1 Sec. 35. Minnesota Statutes 2000, section 116J.616, is 20.2 amended to read: 20.3 116J.616 [SPECIFIC AGREEMENTS PROHIBITED.] 20.4 The commissioner or directordeputy commissioner of the 20.5 office of tourism may not enter into an agreement which would 20.6 obligate the state to pay any part of a debt incurred by a 20.7 public or private facility, organization, or attraction. 20.8 Sec. 36. Minnesota Statutes 2000, section 119A.11, 20.9 subdivision 3, is amended to read: 20.10 Subd. 3. [ADVISORY COUNCIL.] "Advisory council" means the 20.11 advisory council established under section 119A.13119A.35. 20.12 Sec. 37. Minnesota Statutes 2000, section 119A.20, 20.13 subdivision 1, is amended to read: 20.14 Subdivision 1. [DEFINITIONS.] For the purposes of sections 20.15 119A.20 to 119A.23119A.22, the following terms have the 20.16 meanings given. 20.17 Sec. 38. Minnesota Statutes 2001 Supplement, section 20.18 119A.22, is amended to read: 20.19 119A.22 [DUTIES OF COMMISSIONER.] 20.20 The commissioner shall: 20.21 (1) review applications and award grants to programs 20.22 pursuant to section 119A.21; 20.23 (2) design a uniform method of collecting data to be used 20.24 to monitor and assure compliance of the programs funded under 20.25 section 119A.21; 20.26 (3) provide technical assistance to applicants in the 20.27 development of grant requests and to grantees in meeting the 20.28 data collection requirements established by the commissioner; 20.29 and 20.30 (4) adopt, under chapter 14, all rules necessary to 20.31 implement the provisions of sections 119A.20 to 119A.23119A.22. 20.32 Sec. 39. Minnesota Statutes 2000, section 119A.37, 20.33 subdivision 3, is amended to read: 20.34 Subd. 3. [FUNDING.] The commissioner may award grants to 20.35 create or maintain parenting time centers. 20.36 In awarding grants to maintain a parenting time center, the 21.1 commissioner may award a grant to a center that can demonstrate 21.2 a 3525 percent local match, provided the center is diligently 21.3 exploring and pursuing all available funding options in an 21.4 effort to become self-sustaining, and those efforts are reported 21.5 to the commissioner. 21.6 In awarding grants to create a parenting time center, the 21.7 commissioner shall give priority to: 21.8 (1) areas of the state where no other parenting time center 21.9 or similar facility exists; 21.10 (2) applicants who demonstrate that private funding for the 21.11 center is available and will continue; and 21.12 (3) facilities that are adapted for use to care for 21.13 children, such as day care centers, religious institutions, 21.14 community centers, schools, technical colleges, parenting 21.15 resource centers, and child care referral services. 21.16 In awarding grants to create or maintain a parenting time 21.17 center, the commissioner shall require the proposed center to 21.18 meet standards developed by the commissioner to ensure the 21.19 safety of the custodial parent and children. 21.20 Sec. 40. Minnesota Statutes 2000, section 119A.46, 21.21 subdivision 6, is amended to read: 21.22 Subd. 6. [ON-THE-JOB TRAINING COMPONENT.] (a) Programs 21.23 established under this section must provide on-the-job training 21.24 for swab team workers. Training methods must follow procedures21.25 established under section 144.9506.21.26 (b) Swab team workers must receive monetary compensation 21.27 equal to the prevailing wage as defined in section 177.42, 21.28 subdivision 6, for comparable jobs in the licensed contractor's 21.29 principal business. 21.30 Sec. 41. Minnesota Statutes 2000, section 122A.20, 21.31 subdivision 1, is amended to read: 21.32 Subdivision 1. [GROUNDS FOR REVOCATION, SUSPENSION, OR 21.33 DENIAL.] (a) The board of teaching or the commissioner, with the21.34 advice from an advisory task force of supervisory personnel21.35 established under section 15.014board of school administrators, 21.36 whichever has jurisdiction over a teacher's licensure, may, on 22.1 the written complaint of the school board employing a teacher, a 22.2 teacher organization, or any other interested person, refuse to 22.3 issue, refuse to renew, suspend, or revoke a teacher's license 22.4 to teach for any of the following causes: 22.5 (1) Immoral character or conduct; 22.6 (2) Failure, without justifiable cause, to teach for the 22.7 term of the teacher's contract; 22.8 (3) Gross inefficiency or willful neglect of duty; or 22.9 (4) Failure to meet licensure requirements; or 22.10 (5) Fraud or misrepresentation in obtaining a license. 22.11 The written complaint must specify the nature and character 22.12 of the charges. 22.13 (b) The board of teaching or the commissioner of children, 22.14 families, and learning whichever has jurisdiction over a 22.15 teacher's licensure, shall refuse to issue, refuse to renew, or 22.16 automatically revoke a teacher's license to teach without the 22.17 right to a hearing upon receiving a certified copy of a 22.18 conviction showing that the teacher has been convicted of child 22.19 abuse, as defined in section 609.185, or sexual abuse under 22.20 section 609.342, 609.343, 609.344, 609.345, 609.3451, 22.21 subdivision 3, or 617.23, subdivision 3, or under a similar law 22.22 of another state or the United States. The board shall send 22.23 notice of this licensing action to the district in which the 22.24 teacher is currently employed. 22.25 (c) A person whose license to teach has been revoked, not 22.26 issued, or not renewed under paragraph (b), may petition the 22.27 board to reconsider the licensing action if the person's 22.28 conviction for child abuse or sexual abuse is reversed by a 22.29 final decision of the court of appeals or the supreme court or 22.30 if the person has received a pardon for the offense. The 22.31 petitioner shall attach a certified copy of the appellate 22.32 court's final decision or the pardon to the petition. Upon 22.33 receiving the petition and its attachment, the board shall 22.34 schedule and hold a disciplinary hearing on the matter under 22.35 section 214.10, subdivision 2, unless the petitioner waives the 22.36 right to a hearing. If the board finds that, notwithstanding 23.1 the reversal of the petitioner's criminal conviction or the 23.2 issuance of a pardon, the petitioner is disqualified from 23.3 teaching under paragraph (a), clause (1), the board shall affirm 23.4 its previous licensing action. If the board finds that the 23.5 petitioner is not disqualified from teaching under paragraph 23.6 (a), clause (1), it shall reverse its previous licensing action. 23.7 (d) For purposes of this subdivision, the board of teaching 23.8 is delegated the authority to suspend or revoke coaching 23.9 licenses. 23.10 Sec. 42. Minnesota Statutes 2001 Supplement, section 23.11 126C.10, subdivision 4, is amended to read: 23.12 Subd. 4. [BASIC SKILLS REVENUE.] (a) For fiscal year 2002, 23.13 a school district's basic skills revenue equals the sum of: 23.14 (1) compensatory revenue under subdivision 3; plus 23.15 (2) limited English proficiency revenue according to 23.16 section 124D.65, subdivision 5; plus 23.17 (3) $190 times the limited English proficiency pupil units 23.18 according to section 126C.05, subdivision 17; plus 23.19 (4) $22.50 times the number of adjusted marginal cost pupil 23.20 units in kindergarten to grade 8. 23.21 (b) For fiscal year 2003 and later, a school district's 23.22 basic skills revenue equals the sum of: 23.23 (1) compensatory revenue under subdivision 3; plus 23.24 (2) limited English proficiency revenue under section 23.25 124D.65, subdivision 5; plus 23.26 (3) $190 times the limited English proficiency pupil units 23.27 under section 126C.05, subdivision 17. 23.28 Sec. 43. Minnesota Statutes 2000, section 126C.10, 23.29 subdivision 26, is amended to read: 23.30 Subd. 26. [DISTRICT EQUITY GAP.] A district's equity gap 23.31 equals the greater of zero or the difference between the 23.32 district's adjusted general revenue and the value of the school 23.33 district at or immediately above the regional 90th95th 23.34 percentile of adjusted general revenue per adjusted marginal 23.35 cost pupil unit. 23.36 [EFFECTIVE DATE.] This section is effective for revenue for 24.1 fiscal year 2002. 24.2 Sec. 44. Minnesota Statutes 2001 Supplement, section 24.3 136G.03, subdivision 20, is amended to read: 24.4 Subd. 20. [MAXIMUM ACCOUNT BALANCE LIMIT.] "Maximum 24.5 account balance limit" means the amount established by the 24.6 office under section 136.2441136G.09, subdivision 8, paragraph 24.7 (d). 24.8 Sec. 45. Minnesota Statutes 2001 Supplement, section 24.9 144.057, subdivision 4, is amended to read: 24.10 Subd. 4. [RESPONSIBILITIES OF FACILITIES AND AGENCIES.] 24.11 Facilities and agencies described in subdivision 1 shall be 24.12 responsible for cooperating with the departments in implementing 24.13 the provisions of this section. The responsibilities imposed on 24.14 applicants and licensees under chapter 245A shall apply to these 24.15 facilities and supplemental nursing services agencies. The 24.16 provision of section 245A.04, subdivision 3, paragraph (e)(n), 24.17 shall apply to applicants, licensees, registrants, or an 24.18 individual's refusal to cooperate with the completion of the 24.19 background studies. Supplemental nursing services agencies 24.20 subject to the registration requirements in section 144A.71 must 24.21 maintain records verifying compliance with the background study 24.22 requirements under this section. 24.23 Sec. 46. Minnesota Statutes 2000, section 144E.43, 24.24 subdivision 1, is amended to read: 24.25 Subdivision 1. [AWARD PAYMENTS.] (a) The emergency medical 24.26 services regulatory board or the board's designee under section 24.27 144E.40, subdivision 2, shall pay ambulance service personnel 24.28 longevity awards to qualified ambulance service personnel 24.29 determined to be entitled to an award under section 144E.46 by 24.30 the board based on the submissions by the various ambulance 24.31 services. Amounts necessary to pay the ambulance service 24.32 personnel longevity award are appropriated from the ambulance 24.33 service personnel longevity award and incentive trust account to 24.34 the board. 24.35 (b) If the state of Minnesota is unable to meet its 24.36 financial obligations as they become due, the commissioner of25.1 healthboard shall undertake all necessary steps to discontinue 25.2 paying ambulance service personnel longevity awards until the 25.3 state of Minnesota is again able to meet its financial 25.4 obligations as they become due. 25.5 Sec. 47. Minnesota Statutes 2000, section 148.71, 25.6 subdivision 3, is amended to read: 25.7 Subd. 3. [FOREIGN-TRAINED PHYSICAL THERAPISTS; TEMPORARY 25.8 PERMITS.] (a) The board of medical practicephysical therapy may 25.9 issue a temporary permit to a foreign-trained physical therapist 25.10 who: 25.11 (1) is enrolled in a supervised physical therapy 25.12 traineeship that meets the requirements under paragraph (b); 25.13 (2) has completed a physical therapy education program 25.14 equivalent to that under section 148.705 and Minnesota Rules, 25.15 part 5601.0800, subpart 2; 25.16 (3) has achieved a score of at least 550 on the test of 25.17 English as a foreign language or a score of at least 85 on the 25.18 Minnesota battery test; and 25.19 (4) has paid a nonrefundable fee set by the board. 25.20 A foreign-trained physical therapist must have the 25.21 temporary permit before beginning a traineeship. 25.22 (b) A supervised physical therapy traineeship must: 25.23 (1) be at least six months; 25.24 (2) be at a board-approved facility; 25.25 (3) provide a broad base of clinical experience to the 25.26 foreign-trained physical therapist including a variety of 25.27 physical agents, therapeutic exercises, evaluation procedures, 25.28 and patient diagnoses; 25.29 (4) be supervised by a physical therapist who has at least 25.30 three years of clinical experience and is licensed under 25.31 subdivision 1; and 25.32 (5) be approved by the board before the foreign-trained 25.33 physical therapist begins the traineeship. 25.34 (c) A temporary permit is effective on the first day of a 25.35 traineeship and expires 90 days after the next examination for 25.36 licensing given by the board following successful completion of 26.1 the traineeship or on the date on which the board, after 26.2 examination of the applicant, grants or denies the applicant a 26.3 license to practice, whichever occurs first. 26.4 (d) A foreign-trained physical therapist must successfully 26.5 complete a traineeship to be licensed as a physical therapist 26.6 under subdivision 1. The traineeship may be waived for a 26.7 foreign-trained physical therapist who is licensed or otherwise 26.8 registered in good standing in another state and has 26.9 successfully practiced physical therapy in that state under the 26.10 supervision of a licensed or registered physical therapist for 26.11 at least six months at a facility that meets the requirements 26.12 under paragraph (b), clauses (2) and (3). 26.13 (e) A temporary permit will not be issued to a 26.14 foreign-trained applicant who has been issued a temporary permit 26.15 for longer than six months in any other state. 26.16 Sec. 48. Minnesota Statutes 2001 Supplement, section 26.17 169.073, is amended to read: 26.18 169.073 [PROHIBITED LIGHT OR SIGNAL.] 26.19 (a) No person or corporation shall place, maintain or 26.20 display any red light or red sign, signal, or lighting device or 26.21 maintain it in view of any highway or any line of railroad on or 26.22 over which trains are operated in such a way as to interfere 26.23 with the effectiveness or efficiency of any highway 26.24 traffic-control device or signals or devices used in the 26.25 operation of a railroad. Upon written notice from the 26.26 commissioner of transportation, a person or corporation 26.27 maintaining or owning or displaying a prohibited light shall 26.28 promptly remove it, or change the color of it to some other 26.29 color than red. Where a prohibited light or sign interferes 26.30 with the effectiveness or efficiency of the signals or devices 26.31 used in the operation of a railroad, the department of 26.32 transportation may cause the removal of it and the department 26.33 may issue notices and orders for its removal. The department 26.34 shall proceed as provided in sections 216.13, 216.14, 216.15, 26.35 216.16, and 216.17, with a right of appeal to the aggrieved 26.36 party in accordance with chapter 14. 27.1 (b) No person or corporation shall maintain or display any 27.2 light after written notice from the commissioner of 27.3 transportation or the department of public servicethat the 27.4 light constitutes a traffic hazard and that itthe commissioner 27.5 has ordered the removal thereof. 27.6 Sec. 49. Minnesota Statutes 2001 Supplement, section 27.7 214.01, subdivision 3, is amended to read: 27.8 Subd. 3. [NON-HEALTH-RELATED LICENSING BOARD.] 27.9 "Non-health-related licensing board" means the board of teaching 27.10 established pursuant to section 122A.07, the board of barber 27.11 examiners established pursuant to section 154.22, the board of 27.12 assessors established pursuant to section 270.41, the board of 27.13 architecture, engineering, land surveying, landscape 27.14 architecture, geoscience, and interior design established 27.15 pursuant to section 326.04, the board of electricity established 27.16 pursuant to section 326.241, the private detective and 27.17 protective agent licensing board established pursuant to section 27.18 326.33, the board of accountancy established pursuant to section 27.19 326A.02, the board of boxing established pursuant to section27.20 341.01,and the peace officer standards and training board 27.21 established pursuant to section 626.841. 27.22 Sec. 50. Minnesota Statutes 2001 Supplement, section 27.23 216B.098, subdivision 2, is amended to read: 27.24 Subd. 2. [BUDGET BILLING PLANS.] A utility shall offer a 27.25 customer a budget billing plan for payment of charges for 27.26 service, including adequate notice to customers prior to 27.27 changing budget payment amounts. Municipal utilities having 27.28 3,000 or fewer customers are exempt from this requirement. 27.29 Municipal utilities having more than 3,000 customers shall 27.30 implement this requirement within two years of the effective27.31 date of this chapterbefore July 1, 2003. 27.32 Sec. 51. Minnesota Statutes 2001 Supplement, section 27.33 216B.2424, subdivision 5, is amended to read: 27.34 Subd. 5. [MANDATE.] (a) A public utility, as defined in 27.35 section 216B.02, subdivision 4, that operates a nuclear-powered 27.36 electric generating plant within this state must construct and 28.1 operate, purchase, or contract to construct and operate (1) by 28.2 December 31, 1998, 50 megawatts of electric energy installed 28.3 capacity generated by farm-grown closed-loop biomass scheduled 28.4 to be operational by December 31, 2001; and (2) by December 31, 28.5 1998, an additional 75 megawatts of installed capacity so 28.6 generated scheduled to be operational by December 31, 2002. 28.7 (b) Of the 125 megawatts of biomass electricity installed 28.8 capacity required under this subdivision, no more than 50 28.9 megawatts of this capacity may be provided by a facility that 28.10 uses poultry litter as its primary fuel source and any such 28.11 facility: 28.12 (1) need not use biomass that complies with the definition 28.13 in subdivision 1; 28.14 (2) must enter into a contract with the public utility for 28.15 such capacity, that has an average purchase price per megawatt 28.16 hour over the life of the contract that is equal to or less than 28.17 the average purchase price per megawatt hour over the life of 28.18 the contract in contracts approved by the public utilities 28.19 commission before April 1, 2000, to satisfy the mandate of this 28.20 section, and file that contract with the public utilities 28.21 commission prior to September 1, 2000; and 28.22 (3) must schedule such capacity must be scheduledto be 28.23 operational by December 31, 2002. 28.24 (c) Of the total 125 megawatts of biomass electric energy 28.25 installed capacity required under this section, no more than 75 28.26 megawatts may be provided by a single project. 28.27 (d) Of the 75 megawatts of biomass electric energy 28.28 installed capacity required under paragraph (a), clause (2), no 28.29 more than 25 megawatts of this capacity may be provided by a St. 28.30 Paul district heating and cooling system cogeneration facility 28.31 utilizing waste wood as a primary fuel source. The St. Paul 28.32 district heating and cooling system cogeneration facility need 28.33 not use biomass that complies with the definition in subdivision 28.34 1. 28.35 (e) The public utility must accept and consider on an equal 28.36 basis with other biomass proposals: 29.1 (1) a proposal to satisfy the requirements of this section 29.2 that includes a project that exceeds the megawatt capacity 29.3 requirements of either paragraph (a), clause (1) or (2), and 29.4 that proposes to sell the excess capacity to the public utility 29.5 or to other purchasers; and 29.6 (2) a proposal for a new facility to satisfy more than ten 29.7 but not more than 20 megawatts of the electrical generation 29.8 requirements by a small business-sponsored independent power 29.9 producer facility to be located within the northern quarter of 29.10 the state, which means the area located north of Constitutional 29.11 Route No. 8 as described in section 161.114, subdivision 2, and 29.12 that utilizes biomass residue wood, sawdust, bark, chipped wood, 29.13 or brush to generate electricity. A facility described in this 29.14 clause is not required to utilize biomass complying with the 29.15 definition in subdivision 1, but must have the capacity required 29.16 by this clause operational by December 31, 2002. 29.17 (f) If a public utility files a contract with the 29.18 commission for electric energy installed capacity that uses 29.19 poultry litter as its primary fuel source, the commission must 29.20 do a preliminary review of the contract to determine if it meets 29.21 the purchase price criteria provided in paragraph (b), clause 29.22 (2), of this subdivision. The commission shall perform its 29.23 review and advise the parties of its determination within 30 29.24 days of filing of such a contract by a public utility. A public 29.25 utility may submit by September 1, 2000, a revised contract to 29.26 address the commission's preliminary determination. 29.27 (g) The commission shall finally approve, modify, or 29.28 disapprove no later than July 1, 2001, all contracts submitted 29.29 by a public utility as of September 1, 2000, to meet the mandate 29.30 set forth in this subdivision. 29.31 (h) If a public utility subject to this section exercises 29.32 an option to increase the generating capacity of a project in a 29.33 contract approved by the commission prior to April 25, 2000, to 29.34 satisfy the mandate in this subdivision, the public utility must 29.35 notify the commission by September 1, 2000, that it has 29.36 exercised the option and include in the notice the amount of 30.1 additional megawatts to be generated under the option 30.2 exercised. Any review by the commission of the project after 30.3 exercise of such an option shall be based on the same criteria 30.4 used to review the existing contract. 30.5 (i) A facility specified in this subdivision qualifies for 30.6 exemption from property taxation under section 272.02, 30.7 subdivision 43. 30.8 Sec. 52. Minnesota Statutes 2001 Supplement, section 30.9 216B.2425, subdivision 3, is amended to read: 30.10 Subd. 3. [COMMISSION APPROVAL.] By June 1 of each 30.11 even-numbered year, the commission shall adopt a state 30.12 transmission project list and shall certify, certify as 30.13 modified, or deny certification of the projects proposed under 30.14 subdivision 2. The commission may only certify a project that 30.15 is a high-voltage transmission line as defined in section 30.16 216B.2421, subdivision 2, that the commission finds is: 30.17 (1) necessary to maintain or enhance the reliability of 30.18 electric service to Minnesota consumers; 30.19 (2) needed, applying the criteria in section 216B.24130.20 216B.243, subdivision 3; and 30.21 (3) in the public interest, taking into account electric 30.22 energy system needs and economic, environmental, and social 30.23 interests affected by the project. 30.24 Sec. 53. Minnesota Statutes 2000, section 219.98, is 30.25 amended to read: 30.26 219.98 [FEES FOR APPLYING FOR ORDER.] 30.27 A person other than the state, a state agency, or a 30.28 political subdivision, who applies for an order of the 30.29 commissioner of transportation relating to clearances under 30.30 section 219.47, permitting the abandonment or removal of track 30.31 under section 219.741, or permitting abandonment of a station or 30.32 discontinuance or reduction of agency service under section30.33 219.85, shall pay, at the time the application is filed, into 30.34 the state treasury a fee of $100. A person other than the 30.35 state, a state agency, or a political subdivision, applying for 30.36 an order of the commissioner under any other provision of this 31.1 chapter shall pay, at the time the application is filed, into 31.2 the state treasury a fee of $50. 31.3 Sec. 54. Minnesota Statutes 2000, section 221.185, 31.4 subdivision 5a, is amended to read: 31.5 Subd. 5a. [REINSTATEMENT AFTER CANCELLATION.] A motor 31.6 carrier whose permit or certificate is canceled for failure to 31.7 comply with sections 221.141 and 221.296 relating to bonds and 31.8 insurance may ask the boardcommissioner to review the 31.9 cancellation. Upon review, the boardcommissioner shall rescind 31.10 the cancellation if: (1) the motor carrier presents evidence 31.11 showing that before the effective date of the notice of 31.12 cancellation issued under subdivision 5, the motor carrier had 31.13 obtained and paid for the insurance required by sections 221.141 31.14 and 221.296, and the rules of the commissioner, and (2) the 31.15 commissioner informs the boardis satisfied that the motor 31.16 carrier has complied with the requirements of sections 221.141 31.17 and 221.296 and the rules of the commissioner. 31.18 Sec. 55. Minnesota Statutes 2000, section 222.631, 31.19 subdivision 1, is amended to read: 31.20 Subdivision 1. [TERMS.] For purposes of sections 31.21 222.631 to 222.633and 222.632, the following terms have the 31.22 meanings given them. 31.23 Sec. 56. Minnesota Statutes 2000, section 260B.171, 31.24 subdivision 5, is amended to read: 31.25 Subd. 5. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 31.26 for records relating to an offense where proceedings are public 31.27 under section 260B.163, subdivision 1, peace officers' records 31.28 of children who are or may be delinquent or who may be engaged 31.29 in criminal acts shall be kept separate from records of persons 31.30 18 years of age or older and are private data but shall be 31.31 disseminated: (1) by order of the juvenile court, (2) as 31.32 required by section 121A.28, (3) as authorized under section 31.33 13.82, subdivision 2, (4) to the child or the child's parent or 31.34 guardian unless disclosure of a record would interfere with an 31.35 ongoing investigation, (5) to the Minnesota crime victims 31.36 reparations board as required by section 611A.56, subdivision 2, 32.1 clause (f), for the purpose of processing claims for crime 32.2 victims reparations, or (6) as otherwise provided in this 32.3 subdivision. Except as provided in paragraph (c), no 32.4 photographs of a child taken into custody may be taken without 32.5 the consent of the juvenile court unless the child is alleged to 32.6 have violated section 169A.20. Peace officers' records 32.7 containing data about children who are victims of crimes or 32.8 witnesses to crimes must be administered consistent with section 32.9 13.82, subdivisions 2, 3, 46, and 1017. Any person violating 32.10 any of the provisions of this subdivision shall be guilty of a 32.11 misdemeanor. 32.12 In the case of computerized records maintained about 32.13 juveniles by peace officers, the requirement of this subdivision 32.14 that records about juveniles must be kept separate from adult 32.15 records does not mean that a law enforcement agency must keep 32.16 its records concerning juveniles on a separate computer system. 32.17 Law enforcement agencies may keep juvenile records on the same 32.18 computer as adult records and may use a common index to access 32.19 both juvenile and adult records so long as the agency has in 32.20 place procedures that keep juvenile records in a separate place 32.21 in computer storage and that comply with the special data 32.22 retention and other requirements associated with protecting data 32.23 on juveniles. 32.24 (b) Nothing in this subdivision prohibits the exchange of 32.25 information by law enforcement agencies if the exchanged 32.26 information is pertinent and necessary for law enforcement 32.27 purposes. 32.28 (c) A photograph may be taken of a child taken into custody 32.29 pursuant to section 260B.175, subdivision 1, clause (b), 32.30 provided that the photograph must be destroyed when the child 32.31 reaches the age of 19 years. The commissioner of corrections 32.32 may photograph juveniles whose legal custody is transferred to 32.33 the commissioner. Photographs of juveniles authorized by this 32.34 paragraph may be used only for institution management purposes, 32.35 case supervision by parole agents, and to assist law enforcement 32.36 agencies to apprehend juvenile offenders. The commissioner 33.1 shall maintain photographs of juveniles in the same manner as 33.2 juvenile court records and names under this section. 33.3 (d) Traffic investigation reports are open to inspection by 33.4 a person who has sustained physical harm or economic loss as a 33.5 result of the traffic accident. Identifying information on 33.6 juveniles who are parties to traffic accidents may be disclosed 33.7 as authorized under section 13.82, subdivision 4, and accident 33.8 reports required under section 169.09 may be released under 33.9 section 169.09, subdivision 13, unless the information would 33.10 identify a juvenile who was taken into custody or who is 33.11 suspected of committing an offense that would be a crime if 33.12 committed by an adult, or would associate a juvenile with the 33.13 offense, and the offense is not an adult court traffic offense 33.14 under section 260B.225. 33.15 (e) A law enforcement agency shall notify the principal or 33.16 chief administrative officer of a juvenile's school of an 33.17 incident occurring within the agency's jurisdiction if: 33.18 (1) the agency has probable cause to believe that the 33.19 juvenile has committed an offense that would be a crime if 33.20 committed as an adult, that the victim of the offense is a 33.21 student or staff member of the school, and that notice to the 33.22 school is reasonably necessary for the protection of the victim; 33.23 or 33.24 (2) the agency has probable cause to believe that the 33.25 juvenile has committed an offense described in subdivision 3, 33.26 paragraph (a), clauses (1) to (3), that would be a crime if 33.27 committed by an adult, regardless of whether the victim is a 33.28 student or staff member of the school. 33.29 A law enforcement agency is not required to notify the 33.30 school under this paragraph if the agency determines that notice 33.31 would jeopardize an ongoing investigation. Notwithstanding 33.32 section 138.17, data from a notice received from a law 33.33 enforcement agency under this paragraph must be destroyed when 33.34 the juvenile graduates from the school or at the end of the 33.35 academic year when the juvenile reaches age 23, whichever date 33.36 is earlier. For purposes of this paragraph, "school" means a 34.1 public or private elementary, middle, or secondary school. 34.2 (f) In any county in which the county attorney operates or 34.3 authorizes the operation of a juvenile prepetition or pretrial 34.4 diversion program, a law enforcement agency or county attorney's 34.5 office may provide the juvenile diversion program with data 34.6 concerning a juvenile who is a participant in or is being 34.7 considered for participation in the program. 34.8 (g) Upon request of a local social services agency, peace 34.9 officer records of children who are or may be delinquent or who 34.10 may be engaged in criminal acts may be disseminated to the 34.11 agency to promote the best interests of the subject of the data. 34.12 (h) Upon written request, the prosecuting authority shall 34.13 release investigative data collected by a law enforcement agency 34.14 to the victim of a criminal act or alleged criminal act or to 34.15 the victim's legal representative, except as otherwise provided 34.16 by this paragraph. Data shall not be released if: 34.17 (1) the release to the individual subject of the data would 34.18 be prohibited under section 13.821; or 34.19 (2) the prosecuting authority reasonably believes: 34.20 (i) that the release of that data will interfere with the 34.21 investigation; or 34.22 (ii) that the request is prompted by a desire on the part 34.23 of the requester to engage in unlawful activities. 34.24 Sec. 57. Minnesota Statutes 2001 Supplement, section 34.25 268.052, subdivision 1, is amended to read: 34.26 Subdivision 1. [PAYMENTS.] In lieu of taxes payable on a 34.27 quarterly basis, the state of Minnesota or its political 34.28 subdivisions shall pay into the fund the amount of unemployment 34.29 benefits charged to its reimbursable account under section 34.30 268.047. Payments in the amount of unemployment benefits 34.31 charged to the reimbursable account during a calendar quarter 34.32 shall be made on or before the last day of the month following 34.33 the month that the notice of unemployment benefits paid is sent 34.34 pursuant to section 268.047, subdivision 65. Past due payments 34.35 in lieu of taxes shall be subject to the same interest charges 34.36 and collection procedures that apply to past due taxes. 35.1 Sec. 58. Minnesota Statutes 2001 Supplement, section 35.2 270.07, subdivision 3a, is amended to read: 35.3 Subd. 3a. [APPROPRIATION.] An amount sufficient for the 35.4 reissuance of rebate warrants authorized under this section35.5 subdivision 3, paragraph (f), is appropriated to the 35.6 commissioner from the general fund. 35.7 Sec. 59. Minnesota Statutes 2000, section 270.708, 35.8 subdivision 1, is amended to read: 35.9 Subdivision 1. [COLLECTION OF LIABILITY.] Any money 35.10 realized by proceedings under this chapter, whether by seizure, 35.11 by surrender under section 270.70 (except pursuant to35.12 subdivision 9 thereof), by sale of seized property, by sale of 35.13 property redeemed by the state of Minnesota (if the interest of 35.14 the state of Minnesota in the property was a lien arising under 35.15 the provisions of section 270.69), or by agreement, arrangement, 35.16 or any other means shall be applied as follows: 35.17 (a) First, against the expenses of the proceedings; then 35.18 (b) If the property seized and sold is subject to a tax 35.19 administered by the commissioner of revenue which has not been 35.20 paid, the amount remaining after applying clause (a) shall next 35.21 be applied against the tax liability (and, if the tax was not 35.22 previously assessed, it shall then be assessed); and 35.23 (c) The amount, if any, remaining after applying clauses 35.24 (a) and (b) shall be applied against the tax liability in 35.25 respect of which the levy was made or the sale was conducted. 35.26 Sec. 60. Minnesota Statutes 2000, section 270B.15, is 35.27 amended to read: 35.28 270B.15 [DISCLOSURE TO LEGISLATIVE AUDITOR.] 35.29 Returns and return information must be disclosed to the 35.30 legislative auditor to the extent necessary for the legislative 35.31 auditor to carry out sections 3.97 to 3.983.979. 35.32 Sec. 61. Minnesota Statutes 2001 Supplement, section 35.33 275.28, subdivision 1, is amended to read: 35.34 Subdivision 1. [AUDITOR TO MAKE.] The county auditor shall 35.35 make out the tax lists according to the prescribed form, and to 35.36 correspond with the assessment districts. The rate percent 36.1 necessary to raise the required amount of the various taxes 36.2 shall be calculated on the net tax capacity of property as 36.3 determined by the state board of equalization, but, in 36.4 calculating such rates, no rate shall be used resulting in a 36.5 fraction other than a decimal fraction, or less than a gross 36.6 local tax rate of .01 percent or a net local tax rate of .01 36.7 percent; and, in extending any tax, whenever it amounts to the 36.8 fractional part of a cent, it shall be made one cent. The tax 36.9 lists shall also be made out to correspond with the assessment 36.10 books in reference to ownership and description of property, 36.11 with columns for the valuation and for the various items of tax 36.12 included in the total amount of all taxes set down opposite each 36.13 description. The auditor shall enter both the state tax 36.14 determined under sections 275.02 and 275.025, and the local 36.15 taxestax determined under sectionssection 275.08 and36.16 275.083, on the tax lists. The total ad valorem property tax 36.17 for each description of property before credits is the sum of 36.18 the amounts of the various local taxes that apply to the parcel 36.19 plus the amount of any applicable state tax. Opposite each 36.20 description which has been sold for taxes, and which is subject 36.21 to redemption, but not redeemed, shall be placed the words "sold 36.22 for taxes." The amount of all special taxes shall be entered in 36.23 the proper columns, but the general taxes may be shown by 36.24 entering the rate percent of each tax at the head of the proper 36.25 columns, without extending the same, in which case a schedule of 36.26 the rates percent of such taxes shall be made on the first page 36.27 of each tax list. If the auditor fails to enter on any such 36.28 list before its delivery to the treasurer any tax levied, the 36.29 tax may be subsequently entered. The tax lists shall be deemed 36.30 completed, and all taxes extended thereon, as of January 1 36.31 annually. 36.32 Sec. 62. Minnesota Statutes 2001 Supplement, section 36.33 275.70, subdivision 5, is amended to read: 36.34 Subd. 5. [SPECIAL LEVIES.] "Special levies" means those 36.35 portions of ad valorem taxes levied by a local governmental unit 36.36 for the following purposes or in the following manner: 37.1 (1) to pay the costs of the principal and interest on 37.2 bonded indebtedness or to reimburse for the amount of liquor 37.3 store revenues used to pay the principal and interest due on 37.4 municipal liquor store bonds in the year preceding the year for 37.5 which the levy limit is calculated; 37.6 (2) to pay the costs of principal and interest on 37.7 certificates of indebtedness issued for any corporate purpose 37.8 except for the following: 37.9 (i) tax anticipation or aid anticipation certificates of 37.10 indebtedness; 37.11 (ii) certificates of indebtedness issued under sections 37.12 298.28 and 298.282; 37.13 (iii) certificates of indebtedness used to fund current 37.14 expenses or to pay the costs of extraordinary expenditures that 37.15 result from a public emergency; or 37.16 (iv) certificates of indebtedness used to fund an 37.17 insufficiency in tax receipts or an insufficiency in other 37.18 revenue sources; 37.19 (3) to provide for the bonded indebtedness portion of 37.20 payments made to another political subdivision of the state of 37.21 Minnesota; 37.22 (4) to fund payments made to the Minnesota state armory 37.23 building commission under section 193.145, subdivision 2, to 37.24 retire the principal and interest on armory construction bonds; 37.25 (5) property taxes approved by voters which are levied 37.26 against the referendum market value as provided under section 37.27 275.61; 37.28 (6) to fund matching requirements needed to qualify for 37.29 federal or state grants or programs to the extent that either 37.30 (i) the matching requirement exceeds the matching requirement in 37.31 calendar year 2001, or (ii) it is a new matching requirement 37.32 that didn't exist prior to 2002; 37.33 (7) to pay the expenses reasonably and necessarily incurred 37.34 in preparing for or repairing the effects of natural disaster 37.35 including the occurrence or threat of widespread or severe 37.36 damage, injury, or loss of life or property resulting from 38.1 natural causes, in accordance with standards formulated by the 38.2 emergency services division of the state department of public 38.3 safety, as allowed by the commissioner of revenue under section 38.4 275.74, paragraph (b)subdivision 2; 38.5 (8) pay amounts required to correct an error in the levy 38.6 certified to the county auditor by a city or county in a levy 38.7 year, but only to the extent that when added to the preceding 38.8 year's levy it is not in excess of an applicable statutory, 38.9 special law or charter limitation, or the limitation imposed on 38.10 the governmental subdivision by sections 275.70 to 275.74 in the 38.11 preceding levy year; 38.12 (9) to pay an abatement under section 469.1815; 38.13 (10) to pay any costs attributable to increases in the 38.14 employer contribution rates under chapter 353 that are effective 38.15 after June 30, 2001; 38.16 (11) to pay the operating or maintenance costs of a county 38.17 jail as authorized in section 641.01 or 641.262, or of a 38.18 correctional facility as defined in section 241.021, subdivision 38.19 1, paragraph (5), to the extent that the county can demonstrate 38.20 to the commissioner of revenue that the amount has been included 38.21 in the county budget as a direct result of a rule, minimum 38.22 requirement, minimum standard, or directive of the department of 38.23 corrections, or to pay the operating or maintenance costs of a 38.24 regional jail as authorized in section 641.262. For purposes of 38.25 this clause, a district court order is not a rule, minimum 38.26 requirement, minimum standard, or directive of the department of 38.27 corrections. If the county utilizes this special levy, any 38.28 amount levied by the county in the previous levy year for the 38.29 purposes specified under this clause and included in the 38.30 county's previous year's levy limitation computed under section 38.31 275.71, shall be deducted from the levy limit base under section 38.32 275.71, subdivision 2, when determining the county's current 38.33 year levy limitation. The county shall provide the necessary 38.34 information to the commissioner of revenue for making this 38.35 determination; 38.36 (12) to pay for operation of a lake improvement district, 39.1 as authorized under section 103B.555. If the county utilizes 39.2 this special levy, any amount levied by the county in the 39.3 previous levy year for the purposes specified under this clause 39.4 and included in the county's previous year's levy limitation 39.5 computed under section 275.71 shall be deducted from the levy 39.6 limit base under section 275.71, subdivision 2, when determining 39.7 the county's current year levy limitation. The county shall 39.8 provide the necessary information to the commissioner of revenue 39.9 for making this determination; 39.10 (13) to repay a state or federal loan used to fund the 39.11 direct or indirect required spending by the local government due 39.12 to a state or federal transportation project or other state or 39.13 federal capital project. This authority may only be used if the 39.14 project is not a local government initiative; 39.15 (14) for counties only, to pay the costs reasonably 39.16 expected to be incurred in 2002 related to the redistricting of 39.17 election districts and establishment of election precincts under 39.18 sections 204B.135 and 204B.14, the notice required by section 39.19 204B.14, subdivision 4, and the reassignment of voters in the 39.20 statewide registration system, not to exceed $1 per capita, 39.21 provided that the county shall distribute a portion of the 39.22 amount levied under this clause equal to 25 cents times the 39.23 population of the city to all cities in the county with a 39.24 population of 30,000 or more; and 39.25 (15) to pay for court administration costs as required 39.26 under section 273.1398, subdivision 4b; however, for taxes 39.27 levied to pay for these costs in the year in which the court 39.28 financing is transferred to the state, the amount under this 39.29 section is limited to one-third of the aid reduction under 39.30 section 273.1398, subdivision 4a. 39.31 Sec. 63. Minnesota Statutes 2001 Supplement, section 39.32 290A.03, subdivision 13, is amended to read: 39.33 Subd. 13. [PROPERTY TAXES PAYABLE.] "Property taxes 39.34 payable" means the property tax exclusive of special 39.35 assessments, penalties, and interest payable on a claimant's 39.36 homestead after deductions made under sections 273.135, 273.138240.1 273.1384, 273.1391, 273.42, subdivision 2, and any other state 40.2 paid property tax credits in any calendar year, and after any 40.3 refund claimed and allowable under section 290A.04, subdivision 40.4 2h, that is first payable in the year that the property tax is 40.5 payable. In the case of a claimant who makes ground lease 40.6 payments, "property taxes payable" includes the amount of the 40.7 payments directly attributable to the property taxes assessed 40.8 against the parcel on which the house is located. No 40.9 apportionment or reduction of the "property taxes payable" shall 40.10 be required for the use of a portion of the claimant's homestead 40.11 for a business purpose if the claimant does not deduct any 40.12 business depreciation expenses for the use of a portion of the 40.13 homestead in the determination of federal adjusted gross 40.14 income. For homesteads which are manufactured homes as defined 40.15 in section 273.125, subdivision 8, and for homesteads which are 40.16 park trailers taxed as manufactured homes under section 168.012, 40.17 subdivision 9, "property taxes payable" shall also include 19 40.18 percent of the gross rent paid in the preceding year for the 40.19 site on which the homestead is located. When a homestead is 40.20 owned by two or more persons as joint tenants or tenants in 40.21 common, such tenants shall determine between them which tenant 40.22 may claim the property taxes payable on the homestead. If they 40.23 are unable to agree, the matter shall be referred to the 40.24 commissioner of revenue whose decision shall be final. Property 40.25 taxes are considered payable in the year prescribed by law for 40.26 payment of the taxes. 40.27 In the case of a claim relating to "property taxes 40.28 payable," the claimant must have owned and occupied the 40.29 homestead on January 2 of the year in which the tax is payable 40.30 and (i) the property must have been classified as homestead 40.31 property pursuant to section 273.124, on or before December 15 40.32 of the assessment year to which the "property taxes payable" 40.33 relate; or (ii) the claimant must provide documentation from the 40.34 local assessor that application for homestead classification has 40.35 been made on or before December 15 of the year in which the 40.36 "property taxes payable" were payable and that the assessor has 41.1 approved the application. 41.2 Sec. 64. Minnesota Statutes 2001 Supplement, section 41.3 297A.668, subdivision 3, is amended to read: 41.4 Subd. 3. [DEFINITION OF TERMS.] For purposes of this 41.5 section, the terms "receive" and "receipt" mean taking 41.6 possession of tangible personal property, making first use of 41.7 services, or taking possession ofor making first use of digital 41.8 goods, whichever occurs first. The terms receive and receipt do 41.9 not include possession by a carrier for hire on behalf of the 41.10 purchaser. 41.11 Sec. 65. Minnesota Statutes 2000, section 297B.035, 41.12 subdivision 3, is amended to read: 41.13 Subd. 3. [SALE IN VIOLATION OF LICENSING REQUIREMENT.] 41.14 Motor vehicles sold by a new motor vehicle dealer in 41.15 contravention of section 168.27, subdivision 10, paragraph (a), 41.16 clause (1)(ii), shall not be considered to have been acquired or 41.17 purchased for resale in the ordinary or regular course of 41.18 business for the purposes of this chapter, and the dealer shall 41.19 be required to pay the excise tax due on the purchase of those 41.20 vehicles. The sale by a lessor of a new motor vehicle under 41.21 lease within 120 days of the commencement of the lease is deemed 41.22 a sale in contravention of section 168.27, subdivision 10, 41.23 paragraph (a), clause (1)(ii), unless the lessor holds a valid 41.24 contract or franchise with the manufacturer or distributor of 41.25 the vehicle. Notwithstanding section 297B.11, the rights of a 41.26 dealer to appeal any amounts owed by the dealer under this 41.27 subdivision are governed exclusively by the hearing procedure 41.28 under section 168.27, subdivision 13. 41.29 Sec. 66. Minnesota Statutes 2000, section 297I.05, 41.30 subdivision 12, is amended to read: 41.31 Subd. 12. [OTHER ENTITIES.] (a) A tax is imposed equal to 41.32 two percent of: 41.33 (1) gross premiums less return premiums written for risks 41.34 resident or located in Minnesota by a risk retention group; 41.35 (2) gross premiums less return premiums received by an 41.36 attorney in fact acting in accordance with chapter 71A; 42.1 (3) gross premiums less return premiums received pursuant 42.2 to assigned risk policies and contracts of coverage under 42.3 chapter 79; 42.4 (4) the direct funded premium received by the reinsurance 42.5 association under section 79.34 from self-insurers approved 42.6 under section 176.181 and political subdivisions that 42.7 self-insure; 42.8 (5) gross premiums less return premiums received by a 42.9 nonprofit health service plan corporation authorized under 42.10 chapter 62C; and 42.11 (6) gross premiums less return premiums paid to an insurer 42.12 other than a licensed insurance company or a surplus lines 42.13 licensee for coverage of risks resident or located in Minnesota 42.14 by a purchasing group or any members of the purchasing group to 42.15 a broker or agent for the purchasing group. 42.16 (b) A tax is imposed on the state fund mutual insurance42.17 company established under chapter 176A. The tax must be42.18 computed in the same manner as mutual insurance companies under42.19 subdivisions 1, 3, and 4.42.20 (c)A tax is imposed on a joint self-insurance plan 42.21 operating under chapter 60F. The rate of tax is equal to two 42.22 percent of the total amount of claims paid during the fund year, 42.23 with no deduction for claims wholly or partially reimbursed 42.24 through stop-loss insurance. 42.25 (d)(c) A tax is imposed on a joint self-insurance plan 42.26 operating under chapter 62H. The rate of tax is equal to two 42.27 percent of the total amount of claims paid during the fund's 42.28 fiscal year, with no deduction for claims wholly or partially 42.29 reimbursed through stop-loss insurance. 42.30 (e)(d) A tax is imposed equal to the tax imposed under 42.31 section 297I.05, subdivision 5, on the gross premiums less 42.32 return premiums on all coverages received by an accountable 42.33 provider network or agents of an accountable provider network in 42.34 Minnesota, in cash or otherwise, during the year. 42.35 Sec. 67. Minnesota Statutes 2000, section 297I.30, 42.36 subdivision 1, is amended to read: 43.1 Subdivision 1. [GENERAL RULE.] On or before March 1, every 43.2 insurer subject to taxation under section 297I.05, subdivisions 43.3 1 to 6, and 12, paragraphs (a), clauses (1) to (5), and (b), and43.4 (e),shall file an annual return for the preceding calendar year 43.5 setting forth such information as the commissioner may 43.6 reasonably require on forms prescribed by the commissioner. 43.7 Sec. 68. Minnesota Statutes 2000, section 297I.30, 43.8 subdivision 5, is amended to read: 43.9 Subd. 5. [JOINT SELF-INSURANCE PLANS.] On or before 60 43.10 days following the conclusion of their fiscal year, a plan 43.11 subject to tax under section 297I.05, subdivision 12, paragraph 43.12 (c)(b) or (d)(c), shall file a return with the commissioner 43.13 for the preceding fiscal year setting forth any information the 43.14 commissioner reasonably requires on forms prescribed by the 43.15 commissioner. 43.16 Sec. 69. Minnesota Statutes 2000, section 299F.11, 43.17 subdivision 2, is amended to read: 43.18 Subd. 2. [AUCTION FOR SALVAGE MATERIAL.] In all cases 43.19 where the order of the court has not been complied with and the 43.20 state fire marshal is authorized to proceed with the demolition 43.21 of any building or structure, the state fire marshal shall sell 43.22 and dispose of the salvage materials therefrom at public auction 43.23 upon three days' posted notice and all expenses incurred by the 43.24 state fire marshal shall be paid out of the moneys received from 43.25 the auction of salvage material , and any deficit remaining43.26 unpaid thereafter may be paid out of the funds created by and43.27 provided for in section 299F.21. Should any surplus remain of 43.28 the amount received for salvage material, after deducting the 43.29 expenses incurred by the state fire marshal, this surplus shall 43.30 be paid to the treasurer of the county where the property was 43.31 situated to be distributed by the treasurer as provided by law. 43.32 Sec. 70. Minnesota Statutes 2001 Supplement, section 43.33 336.9-334, is amended to read: 43.34 336.9-334 [PRIORITY OF SECURITY INTERESTS IN FIXTURES AND 43.35 CROPS.] 43.36 (a) [SECURITY INTEREST IN FIXTURES UNDER THIS ARTICLE.] A 44.1 security interest under this article may be created in goods 44.2 that are fixtures or may continue in goods that become 44.3 fixtures. A security interest does not exist under this article 44.4 in ordinary building materials incorporated into an improvement 44.5 on land. 44.6 (b) [SECURITY INTEREST IN FIXTURES UNDER REAL PROPERTY 44.7 LAW.] This article does not prevent creation of an encumbrance 44.8 upon fixtures under real property law. 44.9 (c) [GENERAL RULE: SUBORDINATION OF SECURITY INTEREST IN 44.10 FIXTURES.] In cases not governed by subsections (d) through (h), 44.11 a security interest in fixtures is subordinate to a conflicting 44.12 interest of an encumbrancer or owner of the related real 44.13 property other than the debtor. 44.14 (d) [FIXTURES PURCHASE-MONEY PRIORITY.] Except as 44.15 otherwise provided in subsection (h), a perfected security 44.16 interest in fixtures has priority over a conflicting interest of 44.17 an encumbrancer or owner of the real property if the debtor has 44.18 an interest of record in or is in possession of the real 44.19 property and: 44.20 (1) the security interest is a purchase-money security 44.21 interest; 44.22 (2) the interest of the encumbrancer or owner arises before 44.23 the goods become fixtures; and 44.24 (3) the security interest is perfected by a fixture filing 44.25 before the goods become fixtures or within 20 days thereafter. 44.26 (e) [PRIORITY OF SECURITY INTEREST IN FIXTURES OVER 44.27 INTERESTS IN REAL PROPERTY.] A perfected security interest in 44.28 fixtures has priority over a conflicting interest of an 44.29 encumbrancer or owner of the real property if: 44.30 (1) the debtor has an interest of record in the real 44.31 property or is in possession of the real property and the 44.32 security interest: 44.33 (A) is perfected by a fixture filing before the interest of 44.34 the encumbrancer or owner is of record; and 44.35 (B) has priority over any conflicting interest of a 44.36 predecessor in title of the encumbrancer or owner; 45.1 (2) before the goods become fixtures, the security interest 45.2 is perfected by any method permitted by this article and the 45.3 fixtures are readily removable: 45.4 (A) factory or office machines; 45.5 (B) equipment that is not primarily used or leased for use 45.6 in the operation of the real property; or 45.7 (C) replacements of domestic appliances that are consumer 45.8 goods; 45.9 (3) the conflicting interest is a lien on the real property 45.10 obtained by legal or equitable proceedings after the security 45.11 interest was perfected by any method permitted by this article; 45.12 or 45.13 (4) the security interest is: 45.14 (A) created in a manufactured home in a manufactured home 45.15 transaction; and 45.16 (B) perfected pursuant to a statute described in section 45.17 336.9-311(a)(2). 45.18 (f) [PRIORITY BASED ON CONSENT, DISCLAIMER, OR RIGHT TO 45.19 REMOVE.] A security interest in fixtures, whether or not 45.20 perfected, has priority over a conflicting interest of an 45.21 encumbrancer or owner of the real property if: 45.22 (1) the encumbrancer or owner has, in an authenticated 45.23 record, consented to the security interest or disclaimed an 45.24 interest in the goods as fixtures; or 45.25 (2) the debtor has a right to remove the goods as against 45.26 the encumbrancer or owner. 45.27 (g) [CONTINUATION OF PARAGRAPH (F)(2) PRIORITY.] The 45.28 priority of the security interest under paragraph (f)(2) 45.29 continues for a reasonable time if the debtor's right to remove 45.30 the goods as against the encumbrancer or owner terminates. 45.31 (h) [PRIORITY OF CONSTRUCTION MORTGAGE.] A mortgage is a 45.32 construction mortgage to the extent that it secures an 45.33 obligation incurred for the construction of an improvement on 45.34 land, including the acquisition cost of the land, if a recorded 45.35 record of the mortgage so indicates. Except as otherwise 45.36 provided in subsections (e) and (f), a security interest in 46.1 fixtures is subordinate to a construction mortgage if a record 46.2 of the mortgage is recorded before the goods become fixtures and 46.3 the goods become fixtures before the completion of the 46.4 construction. A mortgage has this priority to the same extent 46.5 as a construction mortgage to the extent that it is given to 46.6 refinance a construction mortgage. 46.7 (i) [PRIORITY OF SECURITY INTEREST IN CROPS.] A perfected 46.8 security interest in crops growing on real property has priority 46.9 over a conflicting interest of an encumbrancer or owner of the 46.10 real property except a perfected landlord's lien if the debtor 46.11 has an interest of record in or is in possession of the real 46.12 property. 46.13 (j) [SUBSECTION (I) PREVAILS.] Subsection (i) prevails 46.14 over any inconsistent provisions of the following statutes:46.15 (1) section 557.12; and46.16 (2)section 559.2091. 46.17 Sec. 71. Minnesota Statutes 2000, section 349.163, 46.18 subdivision 6, is amended to read: 46.19 Subd. 6. [SAMPLES OF GAMBLING EQUIPMENT.] The board shall 46.20 require each licensed manufacturer to submit to the board one or 46.21 more samples of each item of gambling equipment the manufacturer 46.22 manufactures for use or resale in this state. The board shall 46.23 inspect and test all the equipment it deems necessary to 46.24 determine the equipment's compliance with law and board rules. 46.25 Samples required under this subdivision must be approved by the 46.26 board before the equipment being sampled is shipped into or sold 46.27 for use or resale in this state. The board may request the 46.28 assistance of the commissioner of public safety and the director 46.29 of the state lottery boardin performing the tests. 46.30 Sec. 72. Minnesota Statutes 2000, section 349A.10, 46.31 subdivision 5, is amended to read: 46.32 Subd. 5. [DEPOSIT OF NET PROCEEDS.] Within 30 days after 46.33 the end of each month, the director shall deposit in the state 46.34 treasury the net proceeds of the lottery, which is the balance 46.35 in the lottery fund after transfers to the lottery prize fund 46.36 and credits to the lottery operations account. Of the net 47.1 proceeds, 40 percent must be credited to the Minnesota 47.2 environment and natural resources trust fund ,and during any47.3 period in which bonds are issued and outstanding under section47.4 16A.67,the remainder must be credited to the special revenue47.5 fund created in section 16A.67, subdivision 3, provided that if47.6 bonds are not issued and outstanding under section 16A.67, such47.7 remainder must be credited to the general fund. Money credited47.8 to the special revenue fund must be transferred to the debt47.9 service fund established in section 16A.67, subdivision 4, at47.10 the times and in the amounts determined by the commissioner of47.11 finance to be necessary to provide for the payment and security47.12 of bonds issued pursuant to section 16A.67. On or before the47.13 tenth day of each month, any money in the special revenue fund47.14 not required to be transferred to the debt service fund must be47.15 transferred to the general fund.47.16 Sec. 73. Minnesota Statutes 2000, section 352D.02, 47.17 subdivision 1, is amended to read: 47.18 Subdivision 1. [COVERAGE.] (a) Employees enumerated in 47.19 paragraph (c), clauses (2), (3), (4), and (6) to (14), if they 47.20 are in the unclassified service of the state or metropolitan 47.21 council and are eligible for coverage under the general state 47.22 employees retirement plan under chapter 352, are participants in 47.23 the unclassified plan under this chapter unless the employee 47.24 gives notice to the executive director of the Minnesota state 47.25 retirement system within one year following the commencement of 47.26 employment in the unclassified service that the employee desires 47.27 coverage under the general state employees retirement plan. For 47.28 the purposes of this chapter, an employee who does not file 47.29 notice with the executive director is deemed to have exercised 47.30 the option to participate in the unclassified plan. 47.31 (b) Persons referenced in paragraph (c), clauses (1) and 47.32 (5), are participants in the unclassified program under this 47.33 chapter unless the person is eligible to elect different 47.34 coverage under section 3A.07 or 352C.011 and, after July 1, 47.35 1998, elects retirement coverage by the applicable alternative 47.36 retirement plan. Persons referenced in paragraph (c), clause 48.1 (15), are participants in the unclassified program under this 48.2 chapter for judicial employment in excess of the service credit 48.3 limit in section 490.121, subdivision 22. 48.4 (c) Enumerated employees and referenced persons are: 48.5 (1) the governor, the lieutenant governor, the secretary of 48.6 state, the state auditor, the state treasurer, and the attorney 48.7 general; 48.8 (2) an employee in the office of the governor, lieutenant 48.9 governor, secretary of state, state auditor, state treasurer, 48.10 attorney general; 48.11 (3) an employee of the state board of investment; 48.12 (4) the head of a department, division, or agency created 48.13 by statute in the unclassified service, an acting department 48.14 head subsequently appointed to the position, or an employee 48.15 enumerated in section 15A.0815 or 15A.083, subdivision 4; 48.16 (5) a member of the legislature; 48.17 (6) a full-time unclassified employee of the legislature or 48.18 a commission or agency of the legislature who is appointed 48.19 without a limit on the duration of the employment or a temporary 48.20 legislative employee having shares in the supplemental 48.21 retirement fund as a result of former employment covered by this 48.22 chapter, whether or not eligible for coverage under the 48.23 Minnesota state retirement system; 48.24 (7) a person who is employed in a position established 48.25 under section 43A.08, subdivision 1, clause (3), or in a 48.26 position authorized under a statute creating or establishing a 48.27 department or agency of the state, which is at the deputy or 48.28 assistant head of department or agency or director level; 48.29 (8) the regional administrator, or executive director of 48.30 the metropolitan council, general counsel, division directors, 48.31 operations managers, and other positions as designated by the 48.32 council, all of which may not exceed 27 positions at the council 48.33 and the chair; 48.34 (9) the executive director, associate executive director, 48.35 and not to exceed nine positions of the higher education 48.36 services office in the unclassified service, as designated by 49.1 the higher education services office before January 1, 1992, or 49.2 subsequently redesignated with the approval of the board of 49.3 directors of the Minnesota state retirement system, unless the 49.4 person has elected coverage by the individual retirement account 49.5 plan under chapter 354B; 49.6 (10) the clerk of the appellate courts appointed under 49.7 article VI, section 2, of the Constitution of the state of 49.8 Minnesota; 49.9 (11) the chief executive officers of correctional 49.10 facilities operated by the department of corrections and of 49.11 hospitals and nursing homes operated by the department of human 49.12 services; 49.13 (12) an employee whose principal employment is at the state 49.14 ceremonial house; 49.15 (13) an employee of the Minnesota educational computing 49.16 corporation; 49.17 (14) an employee of the state lottery boardwho is covered 49.18 by the managerial plan established under section 43A.18, 49.19 subdivision 3; and 49.20 (15) a judge who has exceeded the service credit limit in 49.21 section 490.121, subdivision 22. 49.22 Sec. 74. Minnesota Statutes 2001 Supplement, section 49.23 356.62, is amended to read: 49.24 356.62 [PAYMENT OF EMPLOYEE CONTRIBUTION.] 49.25 For purposes of any public pension plan, as defined in 49.26 section 365.615356.615, paragraph (b), each employer shall pick 49.27 up the employee contributions required pursuant to law or the 49.28 pension plan for all salary payable after December 31, 1982. If 49.29 the United States Treasury department rules that pursuant to 49.30 section 414(h) of the Internal Revenue Code of 1986, as amended 49.31 through December 31, 1992, that these picked up contributions 49.32 are not includable in the employee's adjusted gross income until 49.33 they are distributed or made available, then these picked up 49.34 contributions shall be treated as employer contributions in 49.35 determining tax treatment pursuant to the Internal Revenue Code 49.36 of 1986, as amended through December 31, 1992, and the employer 50.1 shall discontinue withholding federal income taxes on the amount 50.2 of these contributions. The employer shall pay these picked up 50.3 contributions from the same source of funds as is used to pay 50.4 the salary of the employee. The employer shall pick up these 50.5 employee contributions by a reduction in the cash salary of the 50.6 employee. 50.7 Employee contributions that are picked up shall be treated 50.8 for all purposes of the public pension plan in the same manner 50.9 and to the same extent as employee contributions that were made 50.10 prior to the date on which the employee contributions pick up 50.11 began. The amount of the employee contributions that are picked 50.12 up shall be included in the salary upon which retirement 50.13 coverage is credited and retirement and survivor's benefits are 50.14 determined. For purposes of this section, "employee" means any 50.15 person covered by a public pension plan. For purposes of this 50.16 section, "employee contributions" include any sums deducted from 50.17 the employee's salary or wages or otherwise paid in lieu 50.18 thereof, regardless of whether they are denominated 50.19 contributions by the public pension plan. 50.20 For any calendar year in which withholding has been reduced 50.21 pursuant to this section, the employing unit shall supply each 50.22 employee and the commissioner of revenue with an information 50.23 return indicating the amount of the employer's picked-up 50.24 contributions for the calendar year that were not subject to 50.25 withholding. This return shall be provided to the employee not 50.26 later than January 31 of the succeeding calendar year. The 50.27 commissioner of revenue shall prescribe the form of the return 50.28 and the provisions of section 289A.12 shall apply to the extent 50.29 not inconsistent with the provisions of this section. 50.30 Sec. 75. Minnesota Statutes 2001 Supplement, section 50.31 376.08, subdivision 2, is amended to read: 50.32 Subd. 2. [HOSPITAL REMODELING OR ADDITIONS; FINANCING.] A 50.33 county hospital may by majority vote of its board of 50.34 commissioners, or if the hospital has been leased to another 50.35 entity under section 376.06, subdivision 1, or 447.47, by 50.36 majority vote of the board of directors of that entity, enter 51.1 into projects for the construction of an addition or remodeling 51.2 to its presently existing facility or the acquisition of 51.3 equipment as described in this subdivision without complying 51.4 with the dollar limitation of subdivision 1 or the election51.5 requirements of section 376.03. This subdivision applies to 51.6 projects in which the funds for the project are derived from 51.7 dedicated, restricted, or other designated accounts, from the 51.8 hospital's depreciation fund, or from the issuance of bonds 51.9 authorized under other law. An addition to a current hospital 51.10 under this subdivision may include construction of buildings 51.11 physically separate from the present hospital building, as well 51.12 as additions to the present building, if the new buildings are 51.13 constructed on the hospital's existing premises. 51.14 This subdivision does not affect the ability of the 51.15 hospital board to approve funds for improvements or remodeling 51.16 of a hospital facility under other law. 51.17 Sec. 76. Minnesota Statutes 2000, section 383C.19, is 51.18 amended to read: 51.19 383C.19 [EMERGENCY JOBS PROGRAM.] 51.20 St. Louis county may establish an emergency employment 51.21 program to meet the needs of its unemployed residents. The 51.22 county board of commissioners shall establish rules governing 51.23 the operation of the employment program. Rules shall include 51.24 but not be limited to number of hours worked, wages, benefits, 51.25 and methods and terms of payment. Limits imposed by civil 51.26 service rules shall not apply to an emergency jobs program 51.27 established under the authority of this section. Service in a 51.28 St. Louis county emergency jobs program shall not constitute 51.29 employment under chapter 268 but shall come within the exclusion 51.30 established in section 268.04268.035, subdivision 1220, clause 51.31 (10) (d), and St. Louis county shall not be liable for 51.32 contributions to the unemployment insurance program trust fund 51.33 for participants of an emergency jobs program. 51.34 Sec. 77. Minnesota Statutes 2000, section 401.05, 51.35 subdivision 3, is amended to read: 51.36 Subd. 3. [LEASING.] (a) A county or joint powers board of 52.1 a group of counties which acquires or constructs and equips or 52.2 improves facilities under this chapter may, with the approval of 52.3 the board of county commissioners of each county, enter into a 52.4 lease agreement with a city situated within any of the counties, 52.5 or a county housing and redevelopment authority established 52.6 under chapter 469 or any special law. Under the lease 52.7 agreement, the city or county housing and redevelopment 52.8 authority shall: 52.9 (1) construct or acquire and equip or improve a facility in 52.10 accordance with plans prepared by or at the request of a county 52.11 or joint powers board of the group of counties and approved by 52.12 the commissioner of corrections; and 52.13 (2) finance the facility by the issuance of revenue bonds. 52.14 (b) The county or joint powers board of a group of counties 52.15 may lease the facility site, improvements, and equipment for a 52.16 term upon rental sufficient to produce revenue for the prompt 52.17 payment of the revenue bonds and all interest accruing on them. 52.18 Upon completion of payment, the lessee shall acquire title. The 52.19 real and personal property acquired for the facility constitutes 52.20 a project and the lease agreement constitutes a revenue 52.21 agreement as provided in sections 469.152 to 469.165. All 52.22 proceedings by the city or county housing and redevelopment 52.23 authority and the county or joint powers board shall be as 52.24 provided in sections 469.152 to 469.165, with the following 52.25 adjustments: 52.26 (1) no tax may be imposed upon the property; 52.27 (2) the approval of the project by the commissioner of 52.28 trade and economic development is not required; 52.29 (3) the department of corrections shall be furnished and 52.30 shall record information concerning each project as it may 52.31 prescribe, in lieu of reports required on other projects to the 52.32 commissioner of trade and economic development or the energy and52.33 economic development authority; 52.34 (4) the rentals required to be paid under the lease 52.35 agreement shall not exceed in any year one-tenth of one percent 52.36 of the market value of property within the county or group of 53.1 counties as last equalized before the execution of the lease 53.2 agreement; 53.3 (5) the county or group of counties shall provide for 53.4 payment of all rentals due during the term of the lease 53.5 agreement in the manner required in subdivision 4; 53.6 (6) no mortgage on the facilities shall be granted for the 53.7 security of the bonds, but compliance with clause (5) may be 53.8 enforced as a nondiscretionary duty of the county or group of 53.9 counties; and 53.10 (7) the county or the joint powers board of the group of 53.11 counties may sublease any part of the facilities for purposes 53.12 consistent with their maintenance and operation. 53.13 Sec. 78. Minnesota Statutes 2000, section 437.08, is 53.14 amended to read: 53.15 437.08 [LICENSES OR PERMITS VOID.] 53.16 Any license, permit, or other grant of authority issued or 53.17 made in violation of the provisions of sections 437.07 to 437.1153.18 437.10 shall be absolutely null and void. 53.19 Sec. 79. Minnesota Statutes 2000, section 437.09, is 53.20 amended to read: 53.21 437.09 [SHOWS PROHIBITED WITHOUT LICENSE.] 53.22 No person, firm, copartnership, corporation, or association 53.23 of any nature or kind shall operate or attempt to operate or 53.24 carry on any itinerant carnival, street show, street fair, 53.25 sideshow, circus, or any similar enterprise within one mile of 53.26 the corporate limits of any city of the fourth class in this 53.27 state without license or permit so to do lawfully granted under 53.28 the restrictions provided in sections 437.07 to 437.11437.10. 53.29 Any person violating any of the provisions of this section 53.30 shall be guilty of a misdemeanor; and any such enterprise 53.31 operated without license or permit as herein prescribed is 53.32 hereby declared to be a public nuisance. 53.33 Sec. 80. Minnesota Statutes 2000, section 437.10, is 53.34 amended to read: 53.35 437.10 [DEFINITION.] 53.36 An itinerant carnival, street show, street fair, sideshow, 54.1 circus, or other similar enterprise, within the meaning of 54.2 sections 437.07 to 437.11437.10, is any itinerant carnival, 54.3 street show, street fair, sideshow, circus, or other similar 54.4 enterprise, which is held, operated, or carried on in the open 54.5 or indoors or upon or within any public or private ground, at 54.6 which there congregates and assembles, with or without the 54.7 payment of an admission fee, a promiscuous gathering of people 54.8 as spectators or otherwise. 54.9 Sec. 81. Minnesota Statutes 2000, section 458D.02, 54.10 subdivision 2, is amended to read: 54.11 Subd. 2. [WESTERN LAKE SUPERIOR SANITARY DISTRICT.] 54.12 "Western Lake Superior Sanitary District" and "district" mean 54.13 the area over which the sanitary sewerboard has jurisdiction 54.14 which shall include the area now comprised of the city of 54.15 Cloquet, the cities of Carlton, Scanlon, Thomson and Wrenshall, 54.16 and the townships of Knife Falls, Silver Brook, Thomson, and 54.17 Twin Lakes in the county of Carlton; the city of Duluth, the 54.18 city of Proctor, and the townships of Canosia, Duluth, Grand 54.19 Lake, Herman, Lakewood, Midway, Rice Lake and Solway in the 54.20 county of St. Louis; other territory included in the district 54.21 pursuant to section 458D.22; and any waters of the state 54.22 adjacent thereto. 54.23 Sec. 82. Minnesota Statutes 2000, section 458D.02, 54.24 subdivision 3, is amended to read: 54.25 Subd. 3. [SANITARY SEWERBOARD.] "Sanitary sewerboard" or 54.26 "board" means the sanitary sewerboard established for the 54.27 Western Lake Superior Sanitary District as provided in section 54.28 458D.03. 54.29 Sec. 83. Minnesota Statutes 2000, section 458D.23, is 54.30 amended to read: 54.31 458D.23 [PROPERTY EXEMPT FROM TAXATION.] 54.32 Any properties, real or personal, owned, leased, 54.33 controlled, used, or occupied by the sanitary sewerboard for 54.34 any purpose under sections 458D.01 to 458D.24 are declared to be 54.35 acquired, owned, leased, controlled, used and occupied for 54.36 public, governmental, and municipal purposes, and shall be 55.1 exempt from taxation by the state or any political subdivision 55.2 of the state, except to the extent that the property is subject 55.3 to the sales and use tax under chapter 297A, provided that such 55.4 properties shall be subject to special assessments levied by a 55.5 political subdivision for a local improvement in amounts 55.6 proportionate to and not exceeding the special benefit received 55.7 by the properties from such improvement. No possible use of any 55.8 such properties in any manner different from their use as part 55.9 of a disposal system at the time shall be considered in 55.10 determining the special benefit received by such properties. 55.11 All such assessments shall be subject to final approval by the 55.12 board, whose determination of the benefits shall be conclusive 55.13 upon the political subdivision levying the assessment. All 55.14 bonds, certificates of indebtedness or other obligations of the 55.15 board, and the interest thereon, shall be exempt from taxation 55.16 by the state or any political subdivision of the state. 55.17 Sec. 84. Minnesota Statutes 2000, section 469.110, 55.18 subdivision 2, is amended to read: 55.19 Subd. 2. [ AUTHORITYDEPARTMENT.] " AuthorityDepartment" 55.20 means the energy anddepartment of trade and economic 55.21 development authority. 55.22 Sec. 85. Minnesota Statutes 2000, section 469.116, 55.23 subdivision 7, is amended to read: 55.24 Subd. 7. [INVESTMENT IN BONDS.] Subject to the approval of 55.25 the state agency, the bonds of a local agency may be declared 55.26 securities in which all public officers and bodies of the state 55.27 and of its municipal subdivisions, all insurance companies and 55.28 associations, all savings banks and savings institutions, 55.29 including savings associations, executors, administrators, 55.30 guardians, trustees, and all other fiduciaries in the state may 55.31 properly and legally invest the funds within their control. 55.32 Each mortgage or issue of bonds shall relate only to a single 55.33 specified project, and those bonds shall be secured by a 55.34 mortgage upon all the real property of which the projects 55.35 consist and shall be first lien bonds, secured by a mortgage not 55.36 exceeding 80 percent of the estimated cost prior to the 56.1 completion of the project, or 80 percent of the appraised value 56.2 or actual cost, but in no event in excess of 80 percent of the 56.3 actual cost, after that completion, as certified by the 56.4 authoritydepartment. 56.5 Sec. 86. Minnesota Statutes 2000, section 469.118, 56.6 subdivision 1, is amended to read: 56.7 Subdivision 1. [CONDITIONS FOR MAKING.] When it has been 56.8 determined by the authoritydepartment upon application of a 56.9 local agency that the establishment of a particular 56.10 redevelopment project in a redevelopment area has accomplished 56.11 or will accomplish the public purposes of sections 469.109 to 56.12 469.123, the authoritydepartment may contract to loan the local 56.13 agency an amount not in excess of 20 percent of the cost or 56.14 estimated cost of the redevelopment project, subject to the 56.15 following conditions: 56.16 (a) In the case of a redevelopment project to be 56.17 established, 56.18 (1) the authoritydepartment shall have first determined 56.19 that the local agency holds funds in an amount equal to, or 56.20 property of a value equal to not less than, ten percent of the 56.21 estimated cost of establishing the redevelopment project, which 56.22 funds or property are available for and shall be applied to the 56.23 establishment of the project. If a public facility within the 56.24 redevelopment area has been or may be constructed and will 56.25 benefit a redevelopment project, the imputed value of the 56.26 benefit of the facility to the redevelopment project may be 56.27 determined and the estimated cost thereof credited to the local 56.28 agency for the purpose of satisfying the requirements of this 56.29 subparagraph. For purposes of this section, a public facility 56.30 includes utility installations, street improvements, public 56.31 buildings, parks, playgrounds, schools, recreational buildings, 56.32 and parking facilities; 56.33 (2) the authoritydepartment shall have also determined 56.34 that the local agency has obtained from other sources, by gift, 56.35 grant, or loan from private or other state or federal sources, a 56.36 firm commitment for all other funds, over and above the loan of 57.1 the state agency, and such funds or property as the 57.2 redevelopment agency may hold, necessary for payment of all the 57.3 estimated cost of establishing the redevelopment project, and 57.4 that the sum of all these funds, together with the machinery and 57.5 equipment to be provided by the owner or operator of the 57.6 redevelopment project is adequate to ensure completion and 57.7 operation of the plant, enterprise, or facility. 57.8 (b) In the case of a redevelopment project established 57.9 without initial state or local agency participation, 57.10 (1) the state agency shall have first determined that the 57.11 local or area redevelopment agency has expended funds in an 57.12 amount equal to, or has applied property of a value equal to, 57.13 not less than ten percent of the cost of establishing the 57.14 redevelopment project. If a public facility within the 57.15 redevelopment area has been or may be constructed and will 57.16 benefit a redevelopment project, the imputed value of the 57.17 benefit of the facility to the redevelopment project may be 57.18 determined and the estimated cost thereof credited to the local 57.19 agency for the purpose of satisfying the requirements of this 57.20 subparagraph; 57.21 (2) the authoritydepartment shall have also determined 57.22 that the local agency has obtained from other public or private 57.23 sources other funds necessary for payment of all the cost of 57.24 establishing the redevelopment project, and that the local 57.25 agency participation and these funds, together with the 57.26 machinery and equipment provided by the owner or operator of the 57.27 redevelopment project has been adequate to ensure completion and 57.28 operation of the plant, enterprise, or facility. The proceeds 57.29 of any loan made by the authoritydepartment to a local agency 57.30 pursuant to this paragraph shall be used only for the 57.31 establishment of additional redevelopment projects in 57.32 furtherance of the public purposes of sections 469.109 to 57.33 469.123. 57.34 Sec. 87. Minnesota Statutes 2000, section 469.118, 57.35 subdivision 2, is amended to read: 57.36 Subd. 2. [TERMS.] Any such loan of the authority58.1 department shall be for the period of time and shall bear 58.2 interest at the rate determined by the authoritydepartment. It 58.3 may be secured by a mortgage on the redevelopment project for 58.4 which the loan was made. The mortgage may be second and 58.5 subordinate only to the mortgage securing the first lien 58.6 obligation, if any, issued to secure the commitment of funds 58.7 from a private or public source and used in the financing of the 58.8 redevelopment project. 58.9 Sec. 88. Minnesota Statutes 2000, section 469.118, 58.10 subdivision 4, is amended to read: 58.11 Subd. 4. [DEPOSIT OF PAYMENTS.] All payments of interest 58.12 on the loans and repayments of principal shall be deposited by 58.13 the authoritydepartment in the Minnesota account and shall be 58.14 available to be applied and reapplied to carry out the purposes 58.15 of sections 469.109 to 469.123. 58.16 Sec. 89. Minnesota Statutes 2000, section 469.119, 58.17 subdivision 1, is amended to read: 58.18 Subdivision 1. [APPLICATION CONTENTS.] Prior to the 58.19 loaning of any funds for a redevelopment project in a 58.20 redevelopment area the local agency shall receive from the 58.21 applicant and, in the case of authoritydepartment 58.22 participation, shall forward to the state agency a loan 58.23 application. The application shall be in the form adopted by 58.24 the local agency, and shall contain among other things the 58.25 following information: 58.26 (1) a general description of the redevelopment project and 58.27 of the industrial, recreational, commercial, or manufacturing 58.28 enterprise for which the project has been or is to be 58.29 established; 58.30 (2) a legal description of all real estate necessary for 58.31 the project; 58.32 (3) plans and other documents as may be required to show 58.33 the type, structure, and general character of the redevelopment 58.34 project; 58.35 (4) a general description of the type, classes, and number 58.36 of employees employed or to be employed in the operation of the 59.1 redevelopment project; and 59.2 (5) cost or estimates of cost of establishing the 59.3 redevelopment project. 59.4 Sec. 90. Minnesota Statutes 2000, section 469.122, is 59.5 amended to read: 59.6 469.122 [LIMITATION OF POWERS.] 59.7 The state pledges to the United States or any agency 59.8 thereof that if any federal agency shall construct, loan, or 59.9 contribute any funds for the construction, extension, 59.10 improvement, or enlargement of any redevelopment project, or any 59.11 portion thereof, the state will not alter or limit the rights 59.12 and powers of the authoritydepartment or the local agency in 59.13 any manner inconsistent with the performance of any agreements 59.14 between the authoritydepartment or the local agency and any 59.15 such federal agency. The authoritydepartment and the local 59.16 agency shall continue to have all powers herein granted, so long 59.17 as the same shall be necessary or desirable for the carrying out 59.18 of the purposes of these sections. 59.19 Sec. 91. Minnesota Statutes 2000, section 469.154, 59.20 subdivision 5, is amended to read: 59.21 Subd. 5. [INFORMATION TO ENERGYTRADE AND ECONOMIC 59.22 DEVELOPMENT AUTHORITYDEPARTMENT.] Each municipality and 59.23 redevelopment agency upon entering into a revenue agreement, 59.24 except one pertaining to a project referred to in section 59.25 469.153, subdivision 2, paragraph (g) or (j), shall furnish 59.26 the energytrade and economic development authoritydepartment 59.27 on forms the authoritydepartment prescribes the following 59.28 information concerning the project: The name of the contracting 59.29 party, the nature of the enterprise, the location, approximate 59.30 number of employees, the general terms and nature of the revenue 59.31 agreement, the amount of bonds or notes issued, and other 59.32 information the energytrade and economic development 59.33 authoritydepartment deems advisable. The energytrade and 59.34 economic development authoritydepartment shall keep a record of 59.35 the information which shall be available to the public at times 59.36 the authoritydepartment prescribes. 60.1 Sec. 92. Minnesota Statutes 2000, section 471.415, 60.2 subdivision 2, is amended to read: 60.3 Subd. 2. [AFFIDAVIT FILED BEFORE WARRANT ISSUES.] A 60.4 duplicate for a lost or destroyed order or warrant shall not 60.5 issue until there shall have been filed with the proper officer 60.6 an affidavit of the owner thereof setting forth the ownership of 60.7 the order or warrant, the description thereof, and the manner of 60.8 its loss or destruction, and until there shall have been 60.9 executed and filed with the same officer an indemnifying bond, 60.10 with sureties to be approved by such officer, in a sum equal to 60.11 the amount of such order or warrant, conditioned that the 60.12 parties thereto shall pay all damages which the county, city, 60.13 town, or school district may sustain if compelled to pay such 60.14 losslost or destroyed order or warrant. The governing body of 60.15 any county, city, town, or school district may in its discretion 60.16 dispense with the requirement of an indemnifying bond. 60.17 Sec. 93. Minnesota Statutes 2001 Supplement, section 60.18 501B.60, subdivision 3, is amended to read: 60.19 Subd. 3. [STANDARDS FOR EXERCISE.] In exercising a power 60.20 to adjust under section 501B.70501B.705 or a discretionary 60.21 power of administration regarding a matter within the scope of 60.22 sections 501B.59 to 501B.76, a fiduciary shall administer the 60.23 trust or estate impartially, based on what is fair and 60.24 reasonable to all of the beneficiaries, except to the extent 60.25 that the terms of the trust or the will clearly manifest an 60.26 intention that the fiduciary shall or may favor one or more of 60.27 the beneficiaries. A determination in accordance with sections 60.28 501B.59 to 501B.76 is presumed to be fair and reasonable to all 60.29 of the beneficiaries. 60.30 Sec. 94. Minnesota Statutes 2000, section 501B.61, as 60.31 amended by Laws 2001, chapter 15, section 4, is amended to read: 60.32 501B.61 [INCOME; PRINCIPAL; CHARGES.] 60.33 Subdivision 1. [INCOME DEFINED.] "Income" means the return 60.34 in money or property derived from the use of principal, 60.35 including return received as: 60.36 (1) rent of real or personal property, including sums 61.1 received for cancellation or renewal of a lease; 61.2 (2) interest on money lent, including sums received as 61.3 consideration for the privilege of prepayment of principal, 61.4 except as provided in section 501B.65 on bond premium and bond 61.5 discount; 61.6 (3) income earned during administration of a decedent's 61.7 estate as provided in section 501B.63; 61.8 (4) corporate distributions as provided in section 501B.64; 61.9 (5) accrued increment on bonds or other obligations issued 61.10 at discount as provided in section 501B.65; 61.11 (6) receipts from business and farming operations as 61.12 provided in section 501B.66501B.665; 61.13 (7) receipts from disposition of natural resources as 61.14 provided in sections 501B.67 and 501B.68; and 61.15 (8) receipts from other principal subject to depletion as 61.16 provided in section 501B.69 ; and61.17 (9) receipts from disposition of underproductive property61.18 as provided in section 501B.70. 61.19 Subd. 2. [PRINCIPAL DEFINED.] "Principal" means the 61.20 property set aside by the owner or the person legally empowered 61.21 so that it is held in trust eventually to be delivered to a 61.22 remainderperson while the return or use of the principal is in 61.23 the meantime taken or received by or held for accumulation for 61.24 an income beneficiary. Principal includes: 61.25 (1) consideration received by the trustee on the sale or 61.26 other transfer of principal, on repayment of a loan, or as a 61.27 refund, replacement, or change in the form of principal; 61.28 (2) proceeds of property taken on eminent domain 61.29 proceedings; 61.30 (3) proceeds of insurance on property forming part of the 61.31 principal, except proceeds of insurance on a separate interest 61.32 of an income beneficiary; 61.33 (4) stock dividends, receipts on liquidation of a 61.34 corporation, and other corporate distributions as provided in 61.35 section 501B.64; 61.36 (5) receipts from the disposition of corporate securities 62.1 as provided in section 501B.65; 62.2 (6) royalties and other receipts from disposition of 62.3 natural resources as provided in sections 501B.67 and 501B.68; 62.4 (7) receipts from other principal subject to depletion as 62.5 provided in section 501B.69; 62.6 (8) profit resulting from a change in the form of 62.7 principal , except as provided in section 501B.70 on62.8 underproductive property; 62.9 (9) receipts from disposition of underproductive property62.10 as provided in section 501B.70;62.11 (10)allowances for depreciation established under sections 62.12 501B.66501B.665 and 501B.71, subdivision 1, clause (2); and 62.13 (11)(10) gain or loss, including the purchase premium, if 62.14 any, from the grant of an option to buy or sell property of the 62.15 trust, whether or not the trust owns the property when the 62.16 option is granted. 62.17 Subd. 3. [CHARGES.] After determining income and principal 62.18 in accordance with the terms of the trust instrument or of 62.19 sections 501B.59 to 501B.76, the trustee shall charge to income 62.20 or principal expenses and other charges as provided in section 62.21 501B.71. 62.22 Sec. 95. Minnesota Statutes 2001 Supplement, section 62.23 514.661, subdivision 5, is amended to read: 62.24 Subd. 5. [PRIORITY.] (a) A perfected lien has priority 62.25 over all other liens and security interests in crops produced by 62.26 the debtor during the calendar year in which the mediation 62.27 occurs except for a perfected landlord's lien under section62.28 514.960. 62.29 (b) An unperfected lien has the priority of an unperfected 62.30 security interest under sections 336.9-317 and 336.9-322. 62.31 Sec. 96. Minnesota Statutes 2000, section 514.94, is 62.32 amended to read: 62.33 514.94 [RIGHTS OF DETAINER, LIEN AND SALE OF ANIMALS.] 62.34 Nothing in sections 514.92 to 514.94this section or 62.35 section 514.93 shall in any way alter or revoke a veterinarian's 62.36 rights of detainer, lien and sale of animals under sections 63.1 514.18 to 514.22. 63.2 Sec. 97. Minnesota Statutes 2000, section 524.2-301, is 63.3 amended to read: 63.4 524.2-301 [ENTITLEMENT OF SPOUSE; PREMARITAL WILL.] 63.5 (a) A testator's surviving spouse, who married the testator 63.6 after the testator's will was executed, is entitled to receive, 63.7 as an intestate share, no less than the value of the share of 63.8 the estate the surviving spouse would have received if the 63.9 testator had died intestate as to that portion of the testator's 63.10 estate, if any, that neither is devised to a child of the 63.11 testator who was born before the testator married the surviving 63.12 spouse and who is not a child of the surviving spouse nor is 63.13 devised to a descendant of such a child or passes under section 63.14 524.2-603524.2-6031 or 524.2-604 to such a child or to a 63.15 descendant of such a child, unless: 63.16 (1) it appears from the will or other evidence that the 63.17 will was made in contemplation of the testator's marriage to the 63.18 surviving spouse; 63.19 (2) the will expresses the intention that it is to be 63.20 effective notwithstanding any subsequent marriage; or 63.21 (3) the testator provided for the spouse by transfer 63.22 outside the will and the intent that the transfer be in lieu of 63.23 a testamentary provision is shown by the testator's statements 63.24 or is reasonably inferred from the amount of the transfer or 63.25 other evidence. 63.26 (b) In satisfying the share provided by this section, 63.27 devises made by the will to the testator's surviving spouse, if 63.28 any, are applied first, and other devises, other than a devise 63.29 to a child of the testator who was born before the testator 63.30 married the surviving spouse and who is not a child of the 63.31 surviving spouse or a devise or substitute gift under section 63.32 524.2-603524.2-6031 or 524.2-604 to a descendant of such a 63.33 child, abate as provided in section 524.3-902. 63.34 Sec. 98. Minnesota Statutes 2000, section 524.2-604, is 63.35 amended to read: 63.36 524.2-604 [FAILURE OF TESTAMENTARY PROVISION.] 64.1 (a) Except as provided in section 524.2-603524.2-6031, a 64.2 devise, other than a residuary devise, that fails for any reason 64.3 becomes a part of the residue. 64.4 (b) Except as provided in section 524.2-603524.2-6031, if 64.5 the residue is devised to two or more persons, the share of a 64.6 residuary devisee that fails for any reason passes to the other 64.7 residuary devisee, or to other residuary devisees in proportion 64.8 to the interest of each in the remaining part of the residue. 64.9 Sec. 99. Minnesota Statutes 2000, section 524.2-609, is 64.10 amended to read: 64.11 524.2-609 [ADEMPTION BY SATISFACTION.] 64.12 (a) Property a testator, while living, gave to a person is 64.13 treated as a satisfaction of a devise in whole or in part, only 64.14 if (i) the will provides for deduction of the gift, (ii) the 64.15 testator declared in a contemporaneous writing that the gift is 64.16 in satisfaction of the devise or that its value is to be 64.17 deducted from the value of the devise, or (iii) the devisee 64.18 acknowledged in writing that the gift is in satisfaction of the 64.19 devise or that its value is to be deducted from the value of the 64.20 devise. 64.21 (b) For purposes of partial satisfaction, property given 64.22 during lifetime is valued as of the time the devisee came into 64.23 possession or enjoyment of the property or at the testator's 64.24 death, whichever occurs first. 64.25 (c) If the devisee fails to survive the testator, the gift 64.26 is treated as a full or partial satisfaction of the devise, as 64.27 appropriate, in applying sections 524.2-603524.2-6031 and 64.28 524.2-604, unless the testator's contemporaneous writing 64.29 provides otherwise. 64.30 Sec. 100. Minnesota Statutes 2000, section 583.24, 64.31 subdivision 4, is amended to read: 64.32 Subd. 4. [DEBTS.] The Farmer-Lender Mediation Act does not 64.33 apply to a debt: 64.34 (1) for which a proof of claim form has been filed in 64.35 bankruptcy by a creditor or that was listed as a scheduled debt, 64.36 of a debtor who has filed a petition in bankruptcy after July 1, 65.1 1987, under United States Code, title 11, chapter 7, 11, 12, or 65.2 13; 65.3 (2) if the debt was in default when the creditor received a 65.4 mediation proceeding notice under the Farmer-Lender Mediation 65.5 Act and the creditor filed a claim form, the debt was mediated 65.6 during the mediation period under section 583.26, subdivision 8, 65.7 and (i) the mediation was unresolved; or (ii) a mediation 65.8 agreement with respect to that debt was signed; 65.9 (3) for which the creditor has served a mediation notice, 65.10 the debtor has failed to make a timely request for mediation, 65.11 and within 60 days after the debtor failed to make a timely 65.12 request the creditor began a proceeding to enforce the debt 65.13 against the agricultural property of the debtor; 65.14 (4) for which a creditor has received a mediation 65.15 proceeding notice and the creditor and debtor have restructured 65.16 the debt and have signed a separate mediation agreement with 65.17 respect to that debt; or 65.18 (5) for which there is a lien for rental value of farm 65.19 machinery under section 514.661 or a lien for rental value65.20 relating to a contract for deed subject to the Farmer-Lender65.21 Mediation Act under section 559.2091. 65.22 Sec. 101. Minnesota Statutes 2000, section 609.26, 65.23 subdivision 5, is amended to read: 65.24 Subd. 5. [DISMISSAL OF CHARGE.] A felony charge brought 65.25 under this section shall be dismissed if: 65.26 (a) the person voluntarily returns the child within 48 65.27 hours after taking, detaining, or failing to return the child in 65.28 violation of this section; or 65.29 (b)(1) the person taking the action and the child have not 65.30 left the state of Minnesota; and (2) within a period of seven 65.31 days after taking the action, (i) a motion or proceeding under 65.32 chapter 518, 518A,518B, or518C, or 518D is commenced by the 65.33 person taking the action, or (ii) the attorney representing the 65.34 person taking the action has consented to service of process by 65.35 the party whose rights are being deprived, for any motion or 65.36 action pursuant to chapter 518, 518A, 518B, or 518C. 66.1 Clause (a) does not apply if the person returns the child 66.2 as a result of being located by law enforcement authorities. 66.3 This subdivision does not prohibit the filing of felony 66.4 charges or an offense report before the expiration of the 48 66.5 hours. 66.6 Sec. 102. Minnesota Statutes 2000, section 609.341, 66.7 subdivision 17, is amended to read: 66.8 Subd. 17. "Psychotherapist" means a person who is or 66.9 purports to be a physician, psychologist, nurse, chemical 66.10 dependency counselor, social worker, marriage and family 66.11 counselortherapist, or other mental health service provider; or 66.12 any other person, whether or not licensed by the state, who 66.13 performs or purports to perform psychotherapy. 66.14 Sec. 103. Minnesota Statutes 2001 Supplement, section 66.15 626.556, subdivision 11, is amended to read: 66.16 Subd. 11. [RECORDS.] (a) Except as provided in paragraph 66.17 (b) or (d) and subdivisions 10b, 10d, 10g, and 11b, all records 66.18 concerning individuals maintained by a local welfare agency or 66.19 agency responsible for assessing or investigating the report 66.20 under this section, including any written reports filed under 66.21 subdivision 7, shall be private data on individuals, except 66.22 insofar as copies of reports are required by subdivision 7 to be 66.23 sent to the local police department or the county sheriff. All 66.24 records concerning determinations of maltreatment by a facility 66.25 are nonpublic data as maintained by the department of children, 66.26 families, and learning, except insofar as copies of reports are 66.27 required by subdivision 7 to be sent to the local police 66.28 department or the county sheriff. Reports maintained by any 66.29 police department or the county sheriff shall be private data on 66.30 individuals except the reports shall be made available to the 66.31 investigating, petitioning, or prosecuting authority, including 66.32 county medical examiners or county coroners. Section 13.82, 66.33 subdivisions 7,8, and9, and 14, apply to law enforcement data 66.34 other than the reports. The local social services agency or 66.35 agency responsible for assessing or investigating the report 66.36 shall make available to the investigating, petitioning, or 67.1 prosecuting authority, including county medical examiners or 67.2 county coroners or their professional delegates, any records 67.3 which contain information relating to a specific incident of 67.4 neglect or abuse which is under investigation, petition, or 67.5 prosecution and information relating to any prior incidents of 67.6 neglect or abuse involving any of the same persons. The records 67.7 shall be collected and maintained in accordance with the 67.8 provisions of chapter 13. In conducting investigations and 67.9 assessments pursuant to this section, the notice required by 67.10 section 13.04, subdivision 2, need not be provided to a minor 67.11 under the age of ten who is the alleged victim of abuse or 67.12 neglect. An individual subject of a record shall have access to 67.13 the record in accordance with those sections, except that the 67.14 name of the reporter shall be confidential while the report is 67.15 under assessment or investigation except as otherwise permitted 67.16 by this subdivision. Any person conducting an investigation or 67.17 assessment under this section who intentionally discloses the 67.18 identity of a reporter prior to the completion of the 67.19 investigation or assessment is guilty of a misdemeanor. After 67.20 the assessment or investigation is completed, the name of the 67.21 reporter shall be confidential. The subject of the report may 67.22 compel disclosure of the name of the reporter only with the 67.23 consent of the reporter or upon a written finding by the court 67.24 that the report was false and that there is evidence that the 67.25 report was made in bad faith. This subdivision does not alter 67.26 disclosure responsibilities or obligations under the rules of 67.27 criminal procedure. 67.28 (b) Upon request of the legislative auditor, data on 67.29 individuals maintained under this section must be released to 67.30 the legislative auditor in order for the auditor to fulfill the 67.31 auditor's duties under section 3.971. The auditor shall 67.32 maintain the data in accordance with chapter 13. 67.33 (c) The commissioner of children, families, and learning 67.34 must be provided with all requested data that are relevant to a 67.35 report of maltreatment and are in possession of a school 67.36 facility as defined in subdivision 2, paragraph (f), when the 68.1 data is requested pursuant to an assessment or investigation of 68.2 a maltreatment report of a student in a school. If the 68.3 commissioner of children, families, and learning makes a 68.4 determination of maltreatment involving an individual performing 68.5 work within a school facility who is licensed by a board or 68.6 other agency, the commissioner shall provide necessary and 68.7 relevant information to the licensing entity to enable the 68.8 entity to fulfill its statutory duties. Notwithstanding section 68.9 13.03, subdivision 4, data received by a licensing entity under 68.10 this paragraph are governed by section 13.41 or other applicable 68.11 law governing data of the receiving entity, except that this 68.12 section applies to the classification of and access to data on 68.13 the reporter of the maltreatment. 68.14 (d) The investigating agency shall exchange not public data 68.15 with the child maltreatment review panel under section 256.022 68.16 if the data are pertinent and necessary for a review requested 68.17 under section 256.022. Upon completion of the review, the not 68.18 public data received by the review panel must be returned to the 68.19 investigating agency. 68.20 Sec. 104. Laws 1995, chapter 220, section 141, is amended 68.21 to read: 68.22 Sec. 141. [REPEALER.] 68.23 (a) Minnesota Statutes 1994, sections 97B.301, subdivision 68.24 5; 115B.26, subdivision 1; 239.791, subdivisions 4, 5, 6, and 9; 68.25 325E.0951, subdivision 5; and Laws 1993, chapter 172, section 68.26 10, are repealed. 68.27 (b) Sections 78 to 87 are repealed.68.28 (c)Minnesota Statutes 1994, sections 28A.08, subdivision 68.29 2; and 446A.071, subdivision 7, are repealed. 68.30 (d)(c) Minnesota Statutes 1994, sections 41A.09, 68.31 subdivisions 2, 3, and 5; 97A.531, subdivisions 2, 3, 4, 5, and 68.32 6; and 296.02, subdivision 7, are repealed. 68.33 Sec. 105. Laws 1995, chapter 220, section 142, as amended 68.34 by Laws 1995, chapter 263, section 12, Laws 1996, chapter 351, 68.35 section 1, Laws 1999, chapter 231, section 191, and Laws 2001, 68.36 First Special Session chapter 2, section 151, is amended to read: 69.1 Sec. 142. [EFFECTIVE DATES.] 69.2 Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117, 69.3 and 141, paragraph (d), are effective the day following final 69.4 enactment. 69.5 Sections 114, 115, 118, and 121 are effective January 1, 69.6 1996. 69.7 Sections 120, subdivisions 2, 3, 4, and 5, and 141, 69.8 paragraph (c), are effective July 1, 1996. 69.9 Section 141, paragraph (b), is effective June 30, 2007.69.10 Sections 58 and 66 are effective retroactively to August 1, 69.11 1991. 69.12 Section 119 is effective September 1, 1996. 69.13 Section 120, subdivision 1, is effective July 1, 1999. 69.14 Sec. 106. Laws 2000, chapter 399, article 1, section 139, 69.15 is amended to read: 69.16 Sec. 139. [SATELLITE OFFICES; RULEMAKING.] 69.17 The secretary of state shall adopt rules governing the 69.18 establishment and operation of satellite offices under Minnesota 69.19 Statutes, sections 336.9-527 to 336.9-530, by July 1, 2000. The 69.20 rules are exempt from the rulemaking provisions of Minnesota 69.21 Statutes, chapter 14, but must be adopted under Minnesota 69.22 Statutes, section 14.386. Notwithstanding Minnesota Statutes, 69.23 section 14.386, paragraph (b), the rules remain in effect until 69.24 July 1, 2003. 69.25 The secretary of state may also adopt expedited rules 69.26 governing the establishment and operation of the central filing 69.27 system under Minnesota Statutes, sections 336.9-501 to 336.9-53069.28 336.9-531 and 336.9-701 to 336.9-709, pursuant to section 14.389. 69.29 The authority to adopt rules under this section expires on 69.30 July 1, 2003. The expiration of this authority does not affect 69.31 the validity of the rules adopted under it. 69.32 This section is effective the day following final enactment. 69.33 Sec. 107. Laws 2001, chapter 171, section 12, is amended 69.34 to read: 69.35 Sec. 12. [TRANSFER OF ENFORCEMENT AUTHORITY.] 69.36 (a) The terms used in this section have the meanings given 70.1 in Minnesota Statutes, section 149A.02. 70.2 (b) Except as otherwise provided in statute, enforcement 70.3 authority for Minnesota Statutes, sections 149A.70, 149A.71, 70.4 149A.72, 149A.73, 149A.74, 149A.745, 149A.75, and 149A.97, may 70.5 be exercised for provisions related to insurance policies 70.6 purchased by a preneed consumer to arrange for funeral goods, 70.7 funeral services, burial site goods, or burial services ,70.8 enforcement authority may be exercisedby the commissioner of 70.9 commerce. 70.10 (c) The commissioner of health retains enforcement 70.11 authority for provisions of Minnesota Statutes, chapter 149A, 70.12 related to funeral providers that are required to be licensed, 70.13 registered, or issued a permit under that chapter. 70.14 Sec. 108. Laws 1997, chapter 202, article 2, section 61, 70.15 as amended by Laws 1999, chapter 250, article 1, section 106, 70.16 and Laws 2001, First Special Session chapter 10, article 2, 70.17 section 85, is amended to read: 70.18 Sec. 61. [VOLUNTARY UNPAID LEAVE OF ABSENCE.] 70.19 Appointing authorities in state government may allow each 70.20 employee to take an unpaid leave of absence for up to 160 hours 70.21 during the period ending June 30, 2003, and up to 160 hours 70.22 during the period ending June 30, 2005. Each appointing 70.23 authority approving such a leave shall allow the employee to 70.24 continue accruing vacation and sick leave, be eligible for paid 70.25 holidays and insurance benefits, accrue seniority, and accrue 70.26 service credit in state retirement plans permitting service 70.27 credits for authorized leaves of absence as if the employee had 70.28 actually been employed during the time of the leave. If the 70.29 leave of absence is for one full pay period or longer, any 70.30 holiday pay shall be included in the first payroll warrant after 70.31 return from the leave of absence. The appointing authority 70.32 shall attempt to grant requests for unpaid leaves of absence 70.33 consistent with the need to continue efficient operation of the 70.34 agency. However, each appointing authority shall retain 70.35 discretion to grant or refuse to grant requests for leaves of 70.36 absence and to schedule and cancel leaves, subject to applicable 71.1 provisions of collective bargaining agreements and compensation 71.2 plans. 71.3 Sec. 109. [REENACTMENT.] 71.4 2001 First Special Session Senate File No. 4, as passed by 71.5 the senate and the house of representatives on Friday, June 29, 71.6 2001, and subsequently published as Laws 2001, First Special 71.7 Session chapter 9, is reenacted. Its provisions are effective 71.8 on the dates originally provided in the bill. 71.9 Sec. 110. [REPEALER.] 71.10 (a) Minnesota Statutes 2001 Supplement, section 16A.1286, 71.11 subdivisions 4 and 5, are repealed. 71.12 (b) Minnesota Statutes 2000, section 116.19, is repealed. 71.13 (c) Minnesota Statutes 2000, section 221.0315, is repealed. 71.14 (d) Minnesota Statutes 2000, section 437.11, is repealed. 71.15 (e) Minnesota Statutes 2000, section 462A.072, is repealed. 71.16 (f) Minnesota Statutes 2000, section 557.11, is repealed. 71.17 (g) Laws 1997, chapter 85, article 4, section 28, is 71.18 repealed. 71.19 (h) Laws 1999, chapter 159, section 79, is repealed. 71.20 (i) Laws 1999, chapter 231, section 180, is repealed. 71.21 (j) Laws 2001, chapter 161, section 4, is repealed. 71.22 (k) Laws 2001, chapter 162, section 4, is repealed. 71.23 (l) Laws 2001, First Special Session chapter 2, section 71.24 103, is repealed. 71.25 (m) Laws 2001, First Special Session chapter 8, article 7, 71.26 section 1, is repealed. 71.27 (n) Minnesota Rules, part 5300.0360, is repealed. 71.28 ARTICLE 2 71.29 CONFORMING AMENDMENTS 71.30 HARMFUL SUBSTANCE COMPENSATION BOARD TRANSFER 71.31 Section 1. Minnesota Statutes 2000, section 13.741, 71.32 subdivision 1, is amended to read: 71.33 Subdivision 1. [HARMFUL SUBSTANCE COMPENSATION BOARD71.34 DATA.] The following data on individuals filing claims for 71.35 compensation with the harmful substance compensation board71.36 pollution control agency for injury from harmful substances are 72.1 classified as confidential while the claim is being investigated 72.2 and private after a decision is made by the boardagency about 72.3 the claim: the name, address, and all other information that 72.4 may identify an individual filing a claim; all medical data 72.5 provided to the boardagency by the claimant or providers of 72.6 health care to the claimant, including reports of physical 72.7 examinations, mental health treatment, hospital care, physical 72.8 therapy, laboratory testing, X-ray studies, and prescriptions; 72.9 and all financial data provided to the boardagency by the 72.10 claimant or the claimant's employer, insurance carrier, or other 72.11 provider of benefits, including state or federal tax forms, W-2 72.12 forms, salary records, records of insurance payments, 72.13 unemployment or disability benefits. 72.14 Sec. 2. Minnesota Statutes 2000, section 13.7411, 72.15 subdivision 5, is amended to read: 72.16 Subd. 5. [ENVIRONMENTAL RESPONSE AND LIABILITY.] (a) 72.17 [RESPONSIBLE PERSONS.] Certain data obtained by the pollution 72.18 control agency from a person who may be responsible for a 72.19 release are classified in section 115B.17, subdivision 5. 72.20 (b) [HAZARDOUS WASTE GENERATORS.] Data exchanged between 72.21 the pollution control agency and the department of revenue under 72.22 sections 115B.24 and 116.075, subdivision 2, are classified 72.23 under section 115B.24, subdivision 5. 72.24 (c) [HARMFUL SUBSTANCE COMPENSATION BOARD.] Access to data 72.25 collected and maintained by thein connection with harmful 72.26 substance compensation boardreimbursement is governed by 72.27 sections 115B.28, subdivision 2; and 115B.35, subdivision 2. 72.28 (d) [DRYCLEANERS ENVIRONMENTAL ACCOUNT.] Disclosure of data 72.29 collected under section 115B.49, subdivision 4, is governed by 72.30 chapter 270B. 72.31 Sec. 3. Minnesota Statutes 2000, section 115B.25, 72.32 subdivision 2, is amended to read: 72.33 Subd. 2. [ BOARDAGENCY.] " BoardAgency" means 72.34 the harmful substance compensation board established in section72.35 115B.27pollution control agency. 72.36 Sec. 4. Minnesota Statutes 2000, section 115B.26, is 73.1 amended to read: 73.2 115B.26 [ HARMFUL SUBSTANCE COMPENSATIONENVIRONMENTAL 73.3 RESPONSE, COMPENSATION, AND COMPLIANCE ACCOUNT.] 73.4 Subd. 2. [APPROPRIATION.] The amount necessary to pay 73.5 claims of compensation granted by the agency under sections 73.6 115B.25 to 115B.37 is appropriated to the agency from the 73.7 account. 73.8 Subd. 3. [PAYMENT OF CLAIMS WHEN ACCOUNT INSUFFICIENT.] If 73.9 the amount of the claims granted exceeds the amount in the 73.10 account, the boardagency shall request a transfer from the 73.11 general contingent account to the harmful substance compensation73.12 environmental response, compensation, and compliance account as 73.13 provided in section 3.30. If no transfer is approved, the board73.14 agency shall pay the claims which have been granted in the order 73.15 granted only to the extent of the money remaining in the 73.16 account. The boardagency shall pay the remaining claims which 73.17 have been granted after additional money is credited to the 73.18 account. 73.19 Subd. 4. [ACCOUNT TRANSFER REQUEST.] At the end of each 73.20 fiscal year, the boardagency shall submit a request to the 73.21 petroleum tank release compensation board for transfer to the 73.22 harmful substance compensationaccount from the petroleum tank 73.23 release cleanup fund under section 115C.08, subdivision 5, of an 73.24 amount equal to the compensation granted by the boardagency for 73.25 claims related to petroleum releases plus administrative costs 73.26 related to determination of those claims. 73.27 Sec. 5. Minnesota Statutes 2000, section 115B.28, as 73.28 amended by Laws 1999, chapter 227, section 22, is amended to 73.29 read: 73.30 115B.28 [POWERS AND DUTIES OF THE BOARDAGENCY.] 73.31 Subdivision 1. [DUTIES.] In addition to performing duties 73.32 specified in sections 115B.25 to 115B.37 or in other law, and 73.33 subject to the limitations on disclosure contained in section 73.34 115B.35, the boardagency shall: 73.35 (1) adopt rules as soon as practicable after all members73.36 are appointed, including rules governing practice and procedure 74.1 before the boardagency, the form and procedure for applications 74.2 for compensation, and procedures for claims investigations; 74.3 (2) publicize the availability of compensation and 74.4 application procedures on a statewide basis with special 74.5 emphasis on geographical areas surrounding sites identified by 74.6 the pollution controlagency as having releases from a facility 74.7 where a harmful substance was placed or came to be located prior 74.8 to July 1, 1983; 74.9 (3) collect, analyze, and make available to the public, in 74.10 consultation with the department of health, the pollution 74.11 control agency, the University of Minnesota medical and public 74.12 health schools, and the medical community, data regarding 74.13 injuries relating to exposure to harmful substances; and 74.14 (4) prepare and transmit by December 31 of each year to the 74.15 governor and the legislature an annual report to include (a) a 74.16 summary of boardagency activity under clause (3); (b) data 74.17 determined by the boardagency from actual cases, including but 74.18 not limited to number of cases, actual compensation received by 74.19 each claimant, types of cases, and types of injuries 74.20 compensated, as they relate to types of harmful substances as 74.21 well as length of exposure, but excluding identification of the 74.22 claimants; (c) all administrative costs associated with the 74.23 business of the boardagency; and (d) boardagency 74.24 recommendations for legislative changes, further study, or any 74.25 other recommendation aimed at improving the system of 74.26 compensation. 74.27 Subd. 2. [POWERS.] In addition to exercising any powers 74.28 specified in sections 115B.25 to 115B.37 or in other law, 74.29 the boardagency may: 74.30 (1) in reviewing a claim, consider any information relevant 74.31 to the claim, in accordance with the evidentiary standards 74.32 contained in section 115B.35; 74.33 (2) contract for consultant or other services necessary to 74.34 carry out the board'sagency's duties under sections 115B.25 to 74.35 115B.37; 74.36 (3) grant reasonable partial compensation on an emergency 75.1 basis pending the final decision on a claim if the claim is one 75.2 with respect to which an award will probably be made and undue 75.3 hardship will result to the claimant if immediate payment is not 75.4 made; 75.5 (4) limit access to information collected and maintained by 75.6 the boardagency and take any other action necessary to protect 75.7 not public data as defined in section 13.02, subdivision 8a, and 75.8 protected information, in accordance with the limitations 75.9 contained in section 115B.35. 75.10 Subd. 3. [INVESTIGATION; OBTAINING INFORMATION.] The board75.11 agency may investigate any claim for compensation and for this 75.12 purpose it may require from the claimant and request from any 75.13 person information regarding any matter, fact, or circumstance 75.14 which is relevant to determination of a claim under section 75.15 115B.33. In exercising its powers under this subdivision, 75.16 the boardagency may collect information reasonably calculated 75.17 to lead to the discovery of evidence admissible under section 75.18 115B.35. The boardagency shall reimburse the person requested 75.19 to provide information the actual cost of copies of documents, 75.20 papers, samples, or other tangible items necessary to respond to 75.21 the request from the boardagency. In order to obtain this 75.22 information the boardagency, subject to any applicable 75.23 privilege, may: 75.24 (a) request any person to produce documents, papers, books, 75.25 or other tangible things in the possession, custody, or control 75.26 of that person; 75.27 (b) request the sworn testimony of any person as to any 75.28 relevant fact or opinion; 75.29 (c) direct written questions to any person and request 75.30 written answers and objections; 75.31 (d) request a mental or physical examination of the 75.32 claimant or autopsy of any deceased person whose death is the 75.33 basis of the claim, provided that notice is given to the 75.34 claimant and the claimant receives a copy of the report; and 75.35 (e) request a waiver of medical privilege by the claimant. 75.36 The boardagency shall give written notice of any request 76.1 under this subdivision at least 15 days before the person is 76.2 expected to comply with the request. If a person fails or 76.3 refuses to comply with a request for information relevant to the 76.4 release of a harmful substance, the boardagency may issue a 76.5 subpoena for the production of the information and may petition 76.6 the district court for an order enforcing the subpoena. If a 76.7 person fails or refuses to comply with a request for other 76.8 information relevant to determination of the claim, the board76.9 agency may petition the district court for an order to compel 76.10 compliance with the request. If the claimant refuses to comply 76.11 with a request by the boardagency for information relevant to 76.12 the claim, the boardagency may dismiss the claim. 76.13 Subd. 4. [ ADMINISTRATIVE PERSONNEL AND SERVICES76.14 INFORMATION FROM STATE AGENCIES.] The board may appoint an76.15 executive director who is not a member of the board. The76.16 executive director is in the unclassified service. The76.17 commissioner of health shall provide staff assistance,76.18 administrative services, and office space under a contract with76.19 the board. The board shall reimburse the commissioner for the76.20 staff, services, and space provided.In order to perform its 76.21 duties, the boardagency may request information from the 76.22 supervising officer of any state agency or state institution of 76.23 higher education. When requesting health data as defined in 76.24 section 13.3805, subdivision 1, or sections 144.671 to 144.69, 76.25 the boardagency must submit a written release signed by the 76.26 subject of the data or, if the subject is deceased, a 76.27 representative of the deceased, authorizing release of the data 76.28 in whole or in part. The supervising officer shall comply with 76.29 the board'sagency's request to the extent possible considering 76.30 available agency or institution appropriations and may assign 76.31 agency or institution employees to assist the boardagency in 76.32 performing its duties under sections 115B.25 to 115B.37. 76.33 Sec. 6. Minnesota Statutes 2000, section 115B.29, 76.34 subdivision 1, is amended to read: 76.35 Subdivision 1. [PERSONAL INJURY AND CERTAIN PROPERTY 76.36 CLAIMS.] A person may file a claim with the boardagency 77.1 pursuant to this section for compensation for an eligible 77.2 injury, or for eligible property damage that could reasonably 77.3 have resulted from an exposure in Minnesota to a harmful 77.4 substance released from a facility. 77.5 Sec. 7. Minnesota Statutes 2000, section 115B.30, 77.6 subdivision 3, is amended to read: 77.7 Subd. 3. [TIME FOR FILING CLAIM.] (a) A claim is not 77.8 eligible for compensation from the account unless it is filed 77.9 with the boardagency within the time provided in this 77.10 subdivision. 77.11 (b) A claim for compensation for personal injury must be 77.12 filed within two years after the injury and its connection to 77.13 exposure to a harmful substance was or reasonably should have 77.14 been discovered. 77.15 (c) A claim for compensation for property damage must be 77.16 filed within two years after the full amount of compensable 77.17 losses can be determined. 77.18 (d) Notwithstanding the provisions of this subdivision, 77.19 claims for compensation that would otherwise be barred by any 77.20 statute of limitations provided in sections 115B.25 to 115B.37 77.21 may be filed not later than January 1, 1992. 77.22 Sec. 8. Minnesota Statutes 2000, section 115B.31, 77.23 subdivision 1, is amended to read: 77.24 Subdivision 1. [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN 77.25 CERTAIN CASES.] (a) A person who has settled a claim for an 77.26 eligible injury or eligible property damage with a responsible 77.27 person, either before or after bringing an action in court for 77.28 that injury or damage, may not file a claim with the account for 77.29 the same injury or damage. A person who has received a 77.30 favorable judgment in a court action for an eligible injury or 77.31 eligible property damage may not file a claim with the account 77.32 for the same injury or damage, unless the judgment cannot be 77.33 satisfied in whole or in part against the persons responsible 77.34 for the release of the harmful substance. A person who has 77.35 filed a claim with the boardagency or its predecessor, the 77.36 harmful substance compensation board, may not file another claim 78.1 with the boardagency for the same eligible injury or damage, 78.2 unless the claim was inactivated by the agency or board as 78.3 provided in section 115B.32, subdivision 1. 78.4 (b) A person who has filed a claim with the agency or board 78.5 for an eligible injury or damage, and who has received and 78.6 accepted an award from the agency or board, is precluded from 78.7 bringing an action in court for the same eligible injury or 78.8 damage. 78.9 (c) A person who files a claim with the boardagency for 78.10 personal injury or property damage must include all known claims 78.11 eligible for compensation in one proceeding before the board78.12 agency. 78.13 Sec. 9. Minnesota Statutes 2000, section 115B.31, 78.14 subdivision 2, is amended to read: 78.15 Subd. 2. [USE OF PROTECTED INFORMATION AND BOARDAGENCY 78.16 FINDINGS.] The findings and decision of the boardagency are 78.17 inadmissible in any court action. Protected information may not 78.18 be used in any court action except to the extent that the 78.19 information is otherwise available to a party or discovered 78.20 under the applicable rules of civil or criminal procedure. 78.21 Sec. 10. Minnesota Statutes 2000, section 115B.31, 78.22 subdivision 4, is amended to read: 78.23 Subd. 4. [SIMULTANEOUS CLAIM AND COURT ACTION PROHIBITED.] 78.24 A claimant may not commence a court action to recover for any 78.25 injury or damage for which the claimant seeks compensation from 78.26 the account during the time that a claim is pending before 78.27 the boardagency. A person may not file a claim with the board78.28 agency for compensation for any injury or damage for which the 78.29 claimant seeks to recover in a pending court action. The time 78.30 for filing a claim under section 115B.30 or the statute of 78.31 limitations for any civil action is suspended during the period 78.32 of time that a claimant is precluded from filing a claim or 78.33 commencing an action under this subdivision. 78.34 Sec. 11. Minnesota Statutes 2000, section 115B.32, is 78.35 amended to read: 78.36 115B.32 [CLAIM FOR COMPENSATION.] 79.1 Subdivision 1. [FORM.] A claim for compensation from the 79.2 account must be filed with the boardagency in the form required 79.3 by the boardagency. When a claim does not include all the 79.4 information required by subdivision 2 and applicable board79.5 agency rules, the boardagency staff shall notify the claimant 79.6 of the absence of the required information within 14 days of the 79.7 filing of the claim. All required information must be received 79.8 by the boardagency not later than 60 days after the claimant 79.9 received notice of its absence or the claim will be inactivated 79.10 and may not be resubmitted for at least one year following the 79.11 date of inactivation. The boardagency may decide not to 79.12 inactivate a claim under this subdivision if it finds serious 79.13 extenuating circumstances. 79.14 Subd. 2. [REQUIRED INFORMATION.] A claimant must provide 79.15 the following information as part of the claim, provided that 79.16 nothing in Laws 1985, First Special Sessionthis chapter 8,79.17 shall be construed to require the claimant to initiate a court 79.18 action before filing a claim: 79.19 (1) a sworn verification by the claimant of the facts set 79.20 forth in the claim to the best of the claimant's knowledge; 79.21 (2) evidence that the claimant is an eligible person; 79.22 (3) evidence of the claimant's exposure to a named harmful 79.23 substance; 79.24 (4) evidence that the claimant's exposure to the substance 79.25 in the amount and duration experienced by the claimant could 79.26 reasonably have been caused or significantly contributed to by 79.27 the release of a harmful substance from a facility where the 79.28 substance was placed or came to be located, to the extent the 79.29 information is available to the claimant; 79.30 (5) evidence that the exposure experienced by the claimant 79.31 can cause or can significantly contribute to the injury suffered 79.32 by the claimant; 79.33 (6) evidence of the injury eligible for compensation 79.34 suffered by the claimant and the compensable losses resulting 79.35 from the injury; 79.36 (7) evidence of any property damage eligible for 80.1 compensation and the amount of compensable losses resulting from 80.2 the damage; 80.3 (8) information regarding any collateral sources of 80.4 compensation; and 80.5 (9) other information required by the rules of the board80.6 agency. 80.7 Subd. 3. [DEATH CLAIMS.] In any case in which death is 80.8 claimed as a compensable injury, the claim may be brought on 80.9 behalf of the claimant by the claimant's estate for compensable 80.10 medical expenses and by the claimant's trustee for death 80.11 benefits for the claimant's dependents as defined in section 80.12 176.111. 80.13 Sec. 12. Minnesota Statutes 2000, section 115B.33, is 80.14 amended to read: 80.15 115B.33 [DETERMINATION OF CLAIM.] 80.16 Subdivision 1. [STANDARD FOR PERSONAL INJURY.] The 80.17 boardagency shall grant compensation to a claimant who shows 80.18 that it is more likely than not that: 80.19 (1) the claimant suffers a medically verified injury that 80.20 is eligible for compensation from the account and that has 80.21 resulted in a compensable loss; 80.22 (2) the claimant has been exposed to a harmful substance; 80.23 (3) the release of the harmful substance from a facility 80.24 where the substance was placed or came to be located could 80.25 reasonably have resulted in the claimant's exposure to the 80.26 substance in the amount and duration experienced by the 80.27 claimant; and 80.28 (4) the injury suffered by the claimant can be caused or 80.29 significantly contributed to by exposure to the harmful 80.30 substance in an amount and duration experienced by the claimant. 80.31 Subd. 2. [STANDARD FOR PROPERTY DAMAGE.] The boardagency 80.32 shall grant compensation to a claimant who shows that it is more 80.33 likely than not that: 80.34 (1) the claimant has suffered property damage that is 80.35 eligible for compensation and that has resulted in compensable 80.36 loss; and 81.1 (2) the presence of the harmful substance in or on the 81.2 property could reasonably have resulted from the release of the 81.3 harmful substance from a facility where the substance was placed 81.4 or came to be located. 81.5 Sec. 13. Minnesota Statutes 2000, section 115B.34, is 81.6 amended to read: 81.7 115B.34 [COMPENSABLE LOSSES.] 81.8 Subdivision 1. [PERSONAL INJURY LOSSES.] Losses 81.9 compensable by the account for personal injury are limited to: 81.10 (1) medical expenses directly related to the claimant's 81.11 injury; 81.12 (2) up to two-thirds of the claimant's lost wages not to 81.13 exceed $2,000 per month or $24,000 per year; 81.14 (3) up to two-thirds of a self-employed claimant's lost 81.15 income, not to exceed $2,000 per month or $24,000 per year; 81.16 (4) death benefits to dependents which the boardagency 81.17 shall define by rule subject to the following conditions: 81.18 (i) the rule adopted by the boardagency must establish a 81.19 schedule of benefits similar to that established by section 81.20 176.111 and must not provide for the payment of benefits to 81.21 dependents other than those dependents defined in section 81.22 176.111; 81.23 (ii) the total benefits paid to all dependents of a 81.24 claimant must not exceed $2,000 per month; 81.25 (iii) benefits paid to a spouse and all dependents other 81.26 than children must not continue for a period longer than ten 81.27 years; 81.28 (iv) payment of benefits is subject to the limitations of 81.29 section 115B.36; and 81.30 (5) the value of household labor lost due to the claimant's 81.31 injury or disease, which must be determined in accordance with a 81.32 schedule established by the board by rule, not to exceed $2,000 81.33 per month or $24,000 per year. 81.34 Subd. 2. [PROPERTY DAMAGE LOSSES.] (a) Losses compensable 81.35 by the account for property damage are limited to the following 81.36 losses caused by damage to the principal residence of the 82.1 claimant: 82.2 (1) the reasonable cost of replacing or decontaminating the 82.3 primary source of drinking water for the property not to exceed 82.4 the amount actually expended by the claimant or assessed by a 82.5 local taxing authority, if the department of health has 82.6 confirmed that the remedy provides safe drinking water and 82.7 advised that the water not be used for drinking or determined 82.8 that the replacement or decontamination of the source of 82.9 drinking water was necessary, up to a maximum of $25,000; 82.10 (2) losses incurred as a result of a bona fide sale of the 82.11 property at less than the appraised market value under 82.12 circumstances that constitute a hardship to the owner, limited 82.13 to 75 percent of the difference between the appraised market 82.14 value and the selling price, but not to exceed $25,000; and 82.15 (3) losses incurred as a result of the inability of an 82.16 owner in hardship circumstances to sell the property due to the 82.17 presence of harmful substances, limited to the increase in costs 82.18 associated with the need to maintain two residences, but not to 82.19 exceed $25,000. 82.20 (b) In computation of the loss under paragraph (a), clause 82.21 (3), the boardagency shall offset the loss by the amount of any 82.22 income received by the claimant from the rental of the property. 82.23 (c) For purposes of paragraph (a), the following 82.24 definitions apply: 82.25 (1) "appraised market value" means an appraisal of the 82.26 market value of the property disregarding any decrease in value 82.27 caused by the presence of a harmful substance in or on the 82.28 property; and 82.29 (2) "hardship" means an urgent need to sell the property 82.30 based on a special circumstance of the owner including 82.31 catastrophic medical expenses, inability of the owner to 82.32 physically maintain the property due to a physical or mental 82.33 condition, and change of employment of the owner or other member 82.34 of the owner's household requiring the owner to move to a 82.35 different location. 82.36 (d) Appraisals are subject to boardagency approval. The 83.1 boardagency may adopt rules governing approval of appraisals, 83.2 criteria for establishing a hardship, and other matters 83.3 necessary to administer this subdivision. 83.4 Sec. 14. Minnesota Statutes 2000, section 115B.35, 83.5 subdivision 2, is amended to read: 83.6 Subd. 2. [TREATMENT OF PROTECTED INFORMATION.] In making a 83.7 preliminary orfinal decision under this section, the 83.8 boardagency shall examine protected information outside of the 83.9 presence of the claimant, the claimant's attorney, or any other 83.10 person except agency staff to the board. The boardagency, the 83.11 board'sagency's staff, and any other person who obtains access 83.12 to protected information under this section may not reveal 83.13 protected information to any person except as provided in this 83.14 section. 83.15 Sec. 15. Minnesota Statutes 2000, section 115B.35, 83.16 subdivision 3, is amended to read: 83.17 Subd. 3. [EVIDENCE ADMISSIBLE IN CLAIM PROCEEDINGS.] In 83.18 the determination of a claim, the boardagency may admit and 83.19 give probative effect to evidence that possesses probative value 83.20 commonly accepted by reasonable and prudent persons in the 83.21 conduct of their affairs. The boardagency shall give effect to 83.22 the rules of privilege recognized by law. The boardagency may 83.23 exclude incompetent, irrelevant, immaterial, and repetitious 83.24 evidence. 83.25 Sec. 16. Minnesota Statutes 2000, section 115B.35, 83.26 subdivision 4, is amended to read: 83.27 Subd. 4. [PRELIMINARY DECISION.] The board member to whom83.28 the claim is assignedagency shall review all materials filed in 83.29 support of the claim and may cause an investigation to be 83.30 conducted into the validity of the claim. The board member83.31 agency may make a preliminary decision on the basis of the 83.32 papers filed in support of the claim and the report of any 83.33 investigation of it. The decision must be in writing and include 83.34 the reasons for the decision, subject to the limitations on 83.35 disclosure of protected information. 83.36 Sec. 17. Minnesota Statutes 2000, section 115B.35, 84.1 subdivision 8, is amended to read: 84.2 Subd. 8. [APPEAL.] A final decision of the boardagency 84.3 made under this section is conclusive on all matters decided. 84.4 There is no right to judicial review of a final decision of the 84.5 boardagency. 84.6 Sec. 18. Minnesota Statutes 2000, section 115B.35, 84.7 subdivision 9, is amended to read: 84.8 Subd. 9. [REMEDIES AND PENALTIES.] A boardAn agency 84.9 member, boardagency staff person, or other person who reveals 84.10 protected information in violation of this section is subject to 84.11 the civil remedies contained in section 13.08 and the penalties 84.12 in section 13.09. 84.13 Sec. 19. Minnesota Statutes 2000, section 115B.36, is 84.14 amended to read: 84.15 115B.36 [AMOUNT AND FORM OF PAYMENT.] 84.16 If the boardagency decides to grant compensation, it shall 84.17 determine the net uncompensated loss payable to the claimant by 84.18 computing the total amount of compensable losses payable to the 84.19 claimant and subtracting the total amount of any compensation 84.20 received by the claimant for the same injury or damage from 84.21 other sources including, but not limited to, all forms of 84.22 insurance and social security and any emergency award made by 84.23 the boardagency. The boardagency shall pay compensation in 84.24 the amount of the net uncompensated loss, provided that no 84.25 claimant may receive more than $250,000. In the case of a 84.26 death, the total amount paid to all persons on behalf of the 84.27 claimant may not exceed $250,000. 84.28 Compensation from the account may be awarded in a lump sum 84.29 or in installments at the discretion of the boardagency. 84.30 Sec. 20. Minnesota Statutes 2000, section 115B.37, is 84.31 amended to read: 84.32 115B.37 [ATTORNEY FEES.] 84.33 The boardagency may by rule limit the fee charged by any 84.34 attorney for representing a claimant before the boardagency. 84.35 Sec. 21. Minnesota Statutes 2000, section 115C.08, 84.36 subdivision 4, is amended to read: 85.1 Subd. 4. [EXPENDITURES.] (a) Money in the fund may only be 85.2 spent: 85.3 (1) to administer the petroleum tank release cleanup 85.4 program established in this chapter; 85.5 (2) for agency administrative costs under sections 116.46 85.6 to 116.50, sections 115C.03 to 115C.06, and costs of corrective 85.7 action taken by the agency under section 115C.03, including 85.8 investigations; 85.9 (3) for costs of recovering expenses of corrective actions 85.10 under section 115C.04; 85.11 (4) for training, certification, and rulemaking under 85.12 sections 116.46 to 116.50; 85.13 (5) for agency administrative costs of enforcing rules 85.14 governing the construction, installation, operation, and closure 85.15 of aboveground and underground petroleum storage tanks; 85.16 (6) for reimbursement of the harmful substance compensation85.17 environmental response, compensation, and compliance account 85.18 under subdivision 5 and section 115B.26, subdivision 4; 85.19 (7) for administrative and staff costs as set by the board 85.20 to administer the petroleum tank release program established in 85.21 this chapter; 85.22 (8) for corrective action performance audits under section 85.23 115C.093; and 85.24 (9) for contamination cleanup grants, as provided in 85.25 paragraph (c). 85.26 (b) Except as provided in paragraph (c), money in the fund 85.27 is appropriated to the board to make reimbursements or payments 85.28 under this section. 85.29 (c) $6,200,000 is annually appropriated from the fund to 85.30 the commissioner of trade and economic development for 85.31 contamination cleanup grants under section 116J.554. Of this 85.32 amount, the commissioner may spend up to $120,000 annually for 85.33 administration of the contamination cleanup grant program. The 85.34 appropriation does not cancel and is available until expended. 85.35 The appropriation shall not be withdrawn from the fund nor the 85.36 fund balance reduced until the funds are requested by the 86.1 commissioner of trade and economic development. The 86.2 commissioner shall schedule requests for withdrawals from the 86.3 fund to minimize the necessity to impose the fee authorized by 86.4 subdivision 2. Unless otherwise provided, the appropriation in 86.5 this paragraph may be used for: 86.6 (1) project costs at a qualifying site if a portion of the 86.7 cleanup costs are attributable to petroleum contamination; and 86.8 (2) the costs of performing contamination investigation if 86.9 there is a reasonable basis to suspect the contamination is 86.10 attributable to petroleum. 86.11 Sec. 22. Minnesota Statutes 2000, section 115C.08, 86.12 subdivision 5, is amended to read: 86.13 Subd. 5. [ACCOUNT TRANSFER.] The board shall authorize the 86.14 commissioner of finance to transfer to the harmful substance86.15 compensationenvironmental response, compensation, and 86.16 compliance account the amount requested by the harmful substance86.17 compensation boardpollution control agency under section 86.18 115B.26, subdivision 4. Transfer of the amount must be made at 86.19 the earliest practical date after authorization by the board. 86.20 If the unencumbered balance in the account is less than 86.21 $2,000,000, the transfer must be made at the earliest practical 86.22 date after the unencumbered balance in the account exceeds that 86.23 amount. 86.24 Sec. 23. [REVISOR INSTRUCTION.] 86.25 The revisor shall make the following changes in Minnesota 86.26 Rules, chapter 7190: substitute "pollution control agency" or 86.27 "agency" for "harmful substance compensation board" or "board" 86.28 where it means the harmful substance compensation board; 86.29 substitute "agency" for "director"; substitute "agency staff" or 86.30 "staff" for "board members" or "member"; and substitute "agency" 86.31 for "board by majority vote." 86.32 Sec. 24. [REPEALER.] 86.33 Minnesota Statutes 2000, sections 115B.27; and 115B.35, 86.34 subdivisions 1, 5, and 6; and Minnesota Rules, parts 7021.0001, 86.35 subparts 2 and 4; 7190.0002; 7190.0003; 7190.0004; 7190.0008, 86.36 subparts 1 and 2; 7190.0015, subparts 1 and 2; 7190.0100, 87.1 subpart 2; and 7190.1000, subpart 1, are repealed.