1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to Minnesota Statutes; correcting erroneous, 1.3 ambiguous, and omitted text and obsolete references; 1.4 eliminating certain redundant, conflicting, and 1.5 superseded provisions; making miscellaneous technical 1.6 corrections to statutes and other laws; amending 1.7 Minnesota Statutes 1996, sections 3.873, subdivisions 1.8 5 and 7; 9.041, subdivision 2; 13.99, subdivision 38b; 1.9 14.62, subdivision 3; 15.0591, subdivision 2; 15.441, 1.10 subdivision 1; 15.471, subdivision 1; 16A.276; 1.11 16A.672, subdivisions 2 and 5; 17.138, subdivision 2; 1.12 18.023, subdivision 3; 18B.33, subdivision 1; 18C.121, 1.13 subdivision 1; 18C.575, subdivision 1; 18E.03, 1.14 subdivision 4; 19.51, subdivision 1; 25.31; 25.32; 1.15 25.33; 25.34; 25.36; 25.37; 25.39; 25.40; 25.41; 1.16 25.42; 25.43; 25.47, subdivision 2; 27.13; 27.14; 1.17 27.19; 27.20; 31.874; 32.078; 32.481, subdivision 1; 1.18 32.532; 32.71, subdivision 1; 41.53, subdivision 2; 1.19 41A.09, subdivision 4; 45.027, subdivision 1; 60A.15; 1.20 62N.05, subdivision 1; 62N.24; 65A.16; 65A.17; 65A.18; 1.21 65A.19; 65A.22; 65A.23; 65A.24; 84.027, subdivision 1.22 13; 92.46, subdivision 1; 103I.341, subdivision 1; 1.23 103I.535, subdivision 9; 115A.10; 115A.11, subdivision 1.24 1b; 115A.12; 115A.9651, subdivision 1; 115B.20, 1.25 subdivisions 1 and 2; 115B.39, subdivision 2; 1.26 115B.412, subdivision 5; 115B.42, subdivision 2; 1.27 116.07, subdivisions 4b and 10; 116C.91, subdivision 1.28 1; 116J.75, subdivision 1; 119A.04, subdivision 5; 1.29 119A.13, subdivisions 3 and 4; 119A.26, subdivision 2; 1.30 119B.17, subdivision 3; 120.062, subdivision 12; 1.31 120.075, subdivision 5; 120.0751, subdivision 6; 1.32 120.0752, subdivision 4; 121.15, subdivision 1; 1.33 121.1601, subdivision 3; 121.912, subdivision 1; 1.34 124.155, subdivision 2; 124.248, subdivision 3; 1.35 124.2725, subdivision 11; 124.3201, subdivisions 1 and 1.36 2b; 124.321, subdivisions 1 and 2; 124.322, 1.37 subdivisions 1a and 5; 124.323, subdivision 1; 1.38 124.574, subdivision 7; 124.91, subdivision 1; 1.39 124.918, subdivision 8; 124A.036, subdivision 5; 1.40 124A.225, subdivision 2; 124A.26, subdivision 1; 1.41 124A.711, subdivision 2; 124C.60, subdivisions 1 and 1.42 3; 126.22, subdivision 7; 126.51, subdivision 1; 1.43 126.72, subdivision 2; 136A.172; 136A.173; 136A.174; 1.44 136A.175; 136A.176; 136A.177; 136A.178; 136D.94; 1.45 144.056; 144.062; 144.092; 144A.073, subdivision 3; 1.46 144A.33, subdivision 5; 144A.53, subdivision 1; 2.1 144A.54, subdivisions 1 and 2; 145.894; 147A.13, 2.2 subdivision 1; 148.235, subdivision 4; 148B.23, 2.3 subdivision 3; 148C.11, subdivision 3; 152.02, 2.4 subdivision 13; 152.21, subdivision 3; 161.10; 2.5 161.1419, subdivision 7; 168.129, subdivision 1; 2.6 169.145; 176.081, subdivision 1; 176.108; 176.1351, 2.7 subdivisions 5 and 6; 176.1812, subdivision 7; 176.83, 2.8 subdivision 5; 179A.03, subdivisions 7 and 14; 2.9 179A.06, subdivision 2; 179A.09, subdivision 3; 2.10 181.14; 181.15; 181.16; 182.676; 183.57, subdivision 2.11 2; 192.551; 197.133; 197.447; 214.01, subdivision 2; 2.12 214.07, subdivision 1; 214.13, subdivision 5; 216C.35; 2.13 223.19; 237.70, subdivision 7; 237.711; 241.01, 2.14 subdivision 3a; 242.56, subdivision 3; 244.09, 2.15 subdivisions 7 and 13; 244.13, subdivision 3; 244.17, 2.16 subdivision 2; 245.462, subdivision 16; 245.4881, 2.17 subdivision 2; 245.4886, subdivision 2; 245.62, 2.18 subdivisions 2 and 4; 245.69, subdivision 2; 245.697, 2.19 subdivisions 2 and 3; 246.06; 246.64, subdivision 3; 2.20 252.035; 252.275, subdivision 6; 252.291, subdivisions 2.21 3 and 5; 252.40; 252.41, subdivision 1; 252.43; 2.22 252.46, subdivision 1; 252.50, subdivision 6; 254A.16, 2.23 subdivision 2; 256.01, subdivision 2; 256.016; 2.24 256.736, subdivisions 3a and 7; 256.7365, subdivision 2.25 7; 256.82, subdivision 4; 256.9742, subdivision 1; 2.26 256B.04, subdivision 2; 256B.092, subdivision 6; 2.27 256B.49, subdivision 2; 256D.03, subdivision 7; 2.28 256D.04; 256E.04, subdivision 1; 256F.04, subdivision 2.29 3; 257.072, subdivision 5; 257.0755, subdivision 1; 2.30 257.0768, subdivision 1; 257.0769; 257.41; 259.71, 2.31 subdivision 5; 260.152, subdivisions 2, 3, and 6; 2.32 260.161, subdivision 3; 260.181, subdivision 3a; 2.33 268.0122, subdivision 5; 268.0124; 268.03; 268.15, 2.34 subdivision 3; 268.361, subdivision 1; 268.90, 2.35 subdivision 3; 270A.09, subdivision 3; 272.12; 2.36 273.1398, subdivision 1; 279.01, subdivision 3; 2.37 280.05; 280.28, subdivision 2; 280.33; 280.35; 281.16; 2.38 281.32; 282.07; 284.04; 290.091, subdivision 6; 2.39 290.171; 297A.259; 299C.11; 299F.051, subdivision 3; 2.40 299F.46, subdivision 1; 299L.02, subdivision 1; 2.41 325F.84, subdivision 1; 326.2421, subdivision 2; 2.42 327A.08; 345.48, subdivision 1; 349.19, subdivision 2.43 2a; 353.64, subdivision 2; 353C.02; 354.66, 2.44 subdivision 4; 360.013, subdivision 20; 360.015, 2.45 subdivision 17; 363.05, subdivision 1; 383A.43, 2.46 subdivision 6; 383B.78, subdivision 3; 383D.35; 2.47 390.35; 412.191, subdivision 1; 412.581; 412.631; 2.48 422A.01, subdivision 18; 427.02; 435.27; 458.40; 2.49 458A.08; 462A.03, subdivision 10; 462A.07, subdivision 2.50 7; 463.01; 465.15; 465.20; 466.03, subdivision 6d; 2.51 469.078, subdivision 1; 469.141, subdivision 3; 2.52 469.173, subdivision 7; 469.183, subdivision 4; 2.53 471.9981, subdivision 1; 473.1623, subdivisions 3, 4, 2.54 and 5; 473.206; 473.208; 473.3994, subdivision 9; 2.55 473.598, subdivision 3; 473.638, subdivision 2; 2.56 473.859, subdivision 2; 475.51, subdivision 9; 475.53, 2.57 subdivision 1; 475.57; 475.61, subdivision 2; 480.242, 2.58 subdivision 2; 500.24, subdivision 3; 508A.01, 2.59 subdivision 3; 524.2-402; 525.152, subdivisions 1, 2, 2.60 and 3; 609.101, subdivision 4; 611.216, subdivision 3; 2.61 611.25, subdivision 3; 611A.56, subdivision 1; 2.62 626.843; 626.845; 626.846; 626.847; 626.851; and 2.63 626.88; Laws 1995 chapter 220, section 7, subdivision 2.64 3; and Laws 1996, chapter 310, section 1; proposing 2.65 coding for new law in Minnesota Statutes, chapter 35; 2.66 repealing Minnesota Statutes 1996, sections 3.922, 2.67 subdivision 9; 13.99, subdivisions 21d and 24a; 2.68 15.475; 16B.87, subdivision 4; 17.452, subdivision 3; 2.69 115A.03, subdivision 16; 116D.11, subdivision 4; 2.70 116J.975; 124.2442; 124.245; 124.3202; 126.78, 2.71 subdivision 5; 144.95, subdivision 9; 145A.12, 3.1 subdivision 6; 148.578; 174.23, subdivision 5; 196.22, 3.2 subdivision 4; 216C.06, subdivisions 10 and 11; 3.3 246.57, subdivision 2; 254B.03, subdivision 8; 3.4 256B.04, subdivision 11; 256B.0629, subdivision 3; 3.5 256F.11, subdivision 3; 256F.12, subdivision 5; 3.6 260.152, subdivision 7; 325F.98; 388.24, subdivision 3.7 5; 466.01, subdivisions 4 and 5; 471A.02, subdivisions 3.8 2 and 15; 473.638, subdivision 1; 473.639; 494.05, 3.9 subdivision 3; 611.27, subdivision 14; and 611A.75; 3.10 Laws 1989, chapters 209, article 2, section 42; and 3.11 282, article 3, section 28; Laws 1991, chapter 292, 3.12 article 2, section 2; Laws 1993, chapter 286, section 3.13 1; Laws 1994, chapters 411, section 4; and 416, 3.14 article 1, sections 47, 51, and 56; Laws 1995, 3.15 chapters 171, sections 54 and 56; and 186, section 26; 3.16 Laws 1995, First Special Session chapter 3, article 3.17 13, section 2; and Laws 1996, chapters 414, article 1, 3.18 section 30; and 471, article 11, section 1. 3.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 3.20 ARTICLE 1 3.21 GENERAL 3.22 Section 1. [REPEALER; SECTION 13.99, SUBDIVISION 21d.] 3.23 Minnesota Statutes 1996, section 13.99, subdivision 21d, is 3.24 repealed. 3.25 Sec. 2. [REPEALER; SECTION 13.99, SUBDIVISION 24a.] 3.26 Minnesota Statutes 1996, section 13.99, subdivision 24a, is 3.27 repealed. 3.28 Sec. 3. Minnesota Statutes 1996, section 13.99, 3.29 subdivision 38b, is amended to read: 3.30 Subd. 38b. [LEAD EXPOSURE DATA.] Data on individuals 3.31 exposed to lead in their residences are classified under 3.32 sections
144.874, subdivision 1,144.9502, subdivision 9, and 3.33 144.9504, subdivision 2. 3.34 Sec. 4. [REPEALER; SECTION 15.059 NOTE.] 3.35 Laws 1993, chapter 286, section 1, is repealed. 3.36 Sec. 5. Minnesota Statutes 1996, section 16A.672, 3.37 subdivision 2, is amended to read: 3.38 Subd. 2. [APPLICATION OF COMMERCIAL CODE.] All bonds and 3.39 certificates are securities under sections 336.8-101 to 3.40 336.8-408336.8-603. The commissioner may do for the state 3.41 whatever may or must be done under those sections to comply with 3.42 the orders authorizing them. The bonds or certificates may be 3.43 issued: 3.44 (1) in one or more denominations; 4.1 (2) in bearer form, with interest coupons attached; and 4.2 (3) with provision for registration as to principal only; 4.3 or 4.4 (4) in fully registered form; and 4.5 (5) with provision for registration of conversion and 4.6 exchange of forms and denominations, transfer of ownership, and 4.7 replacement of lost or damaged bonds. 4.8 Sec. 6. Minnesota Statutes 1996, section 16A.672, 4.9 subdivision 5, is amended to read: 4.10 Subd. 5. [REGISTRAR.] The commissioner, in order to issue 4.11 any bonds or certificates, may name a registrar to act for the 4.12 state under sections 336.8-101 to 336.8-408336.8-603, and to 4.13 authenticate and deliver obligations upon initial issuance and 4.14 registration of transfer, exchange, or conversion. The 4.15 registrar must be an incorporated bank or trust company, in or 4.16 out of the state, authorized by the laws of the United States or 4.17 the state in which it is located to perform these duties. 4.18 Sec. 7. Minnesota Statutes 1996, section 18.023, 4.19 subdivision 3, is amended to read: 4.20 Subd. 3. [RULES; APPLICABILITY TO MUNICIPALITIES.] The 4.21 rules of the commissioner shall apply in a municipality unless 4.22 the municipality adopts an ordinance which is determined by the 4.23 commissioner to be more stringent than the rules of the 4.24 commissioner. The rules of the commissioner or the more 4.25 stringent ordinance of the municipality shall be in effect 60 4.26 days from March 31, 1974. The rules of the commissioner or the 4.27 municipality shall apply to all state agencies, special purpose 4.28 districts and metropolitan commissions as defined in section 4.29 473.121, subdivision 75a, which own or control land adjacent to 4.30 or within a shade tree disease control area in Laws 1975, 4.31 chapter 253. 4.32 Sec. 8. Minnesota Statutes 1996, section 18B.33, 4.33 subdivision 1, is amended to read: 4.34 Subdivision 1. [REQUIREMENT.] (a) A person may not apply a 4.35 pesticide for hire without a commercial applicator license for 4.36 the appropriate use categories or a structural pest control 5.1 license or aquatic pest control license. 5.2 (b) A person with a commercial applicator license may not 5.3 apply pesticides on or into surface waters without an aquatic 5.4 pest control license under section 18B.3218B.315, except an 5.5 aquatic pest control license is not required for licensed 5.6 commercial applicators applying pesticides for the purposes of: 5.7 (1) pest control on cultivated wild rice; 5.8 (2) mosquito and black fly control operations; 5.9 (3) pest control on rights-of-way; 5.10 (4) aerial pest control operations for emergent vegetation 5.11 control; 5.12 (5) aerial application of piscicides; and 5.13 (6) pest control for silvicultural operations. 5.14 (c) A commercial applicator licensee must have a valid 5.15 license identification card when applying pesticides for hire 5.16 and must display it upon demand by an authorized representative 5.17 of the commissioner or a law enforcement officer. The 5.18 commissioner shall prescribe the information required on the 5.19 license identification card. 5.20 Sec. 9. Minnesota Statutes 1996, section 18E.03, 5.21 subdivision 4, is amended to read: 5.22 Subd. 4. [FEE.] (a) The response and reimbursement fee 5.23 consists of the surcharges and any adjustments made by the 5.24 commissioner in this subdivision and shall be collected by the 5.25 commissioner. The amount of the response and reimbursement fee 5.26 shall be determined and imposed annually by the commissioner as 5.27 required to satisfy the requirements in subdivision 3. The 5.28 commissioner shall adjust the amount of the surcharges imposed 5.29 in proportion to the amount of the surcharges listed in this 5.30 subdivision. 5.31 (b) The commissioner shall impose a surcharge on pesticides 5.32 registered under chapter 18B to be collected as a surcharge on 5.33 the registration application fee under section 18B.26, 5.34 subdivision 3, that is equal to 0.1 percent of sales of the 5.35 pesticide in the state and sales of pesticides for use in the 5.36 state during the previous calendar year, except the surcharge 6.1 may not be imposed on pesticides that are sanitizers or 6.2 disinfectants as determined by the commissioner. No surcharge 6.3 is required if the surcharge amount based on percent of annual 6.4 gross sales is less than $10. The registrant shall determine 6.5 when and which pesticides are sold or used in this state. The 6.6 registrant shall secure sufficient sales information of 6.7 pesticides distributed into this state from distributors and 6.8 dealers, regardless of distributor location, to make a 6.9 determination. Sales of pesticides in this state and sales of 6.10 pesticides for use in this state by out-of-state distributors 6.11 are not exempt and must be included in the registrant's annual 6.12 report, as required under section 18B.26, subdivision 3, 6.13 paragraph (c), and fees shall be paid by the registrant based 6.14 upon those reported sales. Sales of pesticides in the state for 6.15 use outside of the state are exempt from the surcharge in this 6.16 paragraph if the registrant properly documents the sale location 6.17 and the distributors. 6.18 (c) The commissioner shall impose a ten cents per ton 6.19 surcharge on the inspection fee under section 18C.425, 6.20 subdivision 6, for fertilizers, soil amendments, and plant 6.21 amendments. 6.22 (d) The commissioner shall impose a surcharge on the 6.23 license application of persons licensed under chapters 18B and 6.24 18C consisting of: 6.25 (1) a $75 surcharge for each site where pesticides are 6.26 stored or distributed, to be imposed as a surcharge on pesticide 6.27 dealer application fees under section 18B.31, subdivision 5; 6.28 (2) a $75 surcharge for each site where a fertilizer, plant 6.29 amendment, or soil amendment is distributed, to be imposed on 6.30 persons licensed under sections 18C.415 and 18C.425; 6.31 (3) a $50 surcharge to be imposed on a structural pest 6.32 control applicator license application under section 18B.32, 6.33 subdivision 6, for business license applications only; 6.34 (4) a $20 surcharge to be imposed on commercial applicator 6.35 license application fees under section 18B.33, subdivision 7; 6.36 (5) a $20 surcharge to be imposed on noncommercial 7.1 applicator license application fees under section 18B.34, 7.2 subdivision 5, except a surcharge may not be imposed on a 7.3 noncommercial applicator that is a state agency, political 7.4 subdivision of the state, the federal government, or an agency 7.5 of the federal government; and 7.6 (6) a $20 surcharge to be imposed on aquatic pest control 7.7 licenses under section 18B.315. 7.8 (e) A $1,000 fee shall be imposed on each site where 7.9 pesticides are stored and sold for use outside of the state 7.10 unless: 7.11 (1) the distributor properly documents that it has less 7.12 than $2,000,000 per year in wholesale value of pesticides stored 7.13 and transferred through the site; or 7.14 (2) the registrant pays the surcharge under paragraph (b) 7.15 and the registration fee under section 18B.26, subdivision 3, 7.16 for all of the pesticides stored at the site and sold for use 7.17 outside of the state. 7.18 (f) Paragraphs (c) to (e) apply to sales, licenses issued, 7.19 applications received for licenses, and inspection fees imposed 7.20 on or after July 1, 1990. 7.21 Sec. 10. [REVISOR'S INSTRUCTION; SECTIONS 25.31 TO 25.43.] 7.22 The revisor shall change the citation from section 25.44 to 7.23 section 25.43 in the following sections of Minnesota Statutes: 7.24 25.31; 25.32; 25.33; 25.34; 25.36; 25.37; 25.39; 25.40; 25.41; 7.25 25.42; and 25.43. 7.26 Sec. 11. Minnesota Statutes 1996, section 25.47, 7.27 subdivision 2, is amended to read: 7.28 Subd. 2. The commissioner of agriculture shall, on or 7.29 before June 15 of each year, establish the grades of hay and 7.30 straw subject to state inspection which shall be known as the 7.31 "Minnesota Grades" and hay and straw received at a public 7.32 warehouse shall be graded accordingly. The grades shall not be 7.33 changed before June 15 of the next succeeding year. The 7.34 commissioner of agriculture shall also adopt rules in accordance 7.35 with the administrative procedure act as it deems necessary to 7.36 implement this section and section 25.46. 8.1 Sec. 12. [REVISOR'S INSTRUCTION; SECTIONS 27.13 TO 27.20.] 8.2 The revisor shall change the citation from section 27.15 to 8.3 section 27.14 in the following sections of Minnesota Statutes: 8.4 27.13; 27.14; 27.19; and 27.20. 8.5 Sec. 13. Minnesota Statutes 1996, section 32.078, is 8.6 amended to read: 8.7 32.078 [SUSPENSION OR CANCELLATION.] 8.8 The commissioner is empowered to suspend or cancel any 8.9 license issued pursuant to the provisions of sections 32.071 to 8.10 32.07732.076 after a hearing upon written notice containing the 8.11 grounds therefor, which notice shall be served personally upon 8.12 the licensee or the licensee's agent at least five days prior to 8.13 such hearing. 8.14 Sec. 14. Minnesota Statutes 1996, section 32.481, 8.15 subdivision 1, is amended to read: 8.16 Subdivision 1. [DEFINITION.] "Cheese" as used in sections 8.17 32.481 to 32.48532.484 includes all varieties of cheese, cheese 8.18 spreads, cheese foods, cheese compounds, or processed cheese, 8.19 made or manufactured in whole or in part from cow's, goat's, or 8.20 sheep's milk. 8.21 Sec. 15. [REVIVAL OF STATUTES; SECTIONS 35.01 AND 35.73.] 8.22 Notwithstanding Minnesota Statutes, section 645.36, 8.23 Minnesota Statutes 1994, sections 35.01, subdivisions 1, 2, and 8.24 3; and 35.73, subdivisions 1 and 4, are revived retroactive to 8.25 August 1, 1996. 8.26 Sec. 16. [REPEALER; SECTIONS 50.21 AND 50.22 NOTE.] 8.27 Laws 1995, chapter 171, sections 54 and 56, are repealed. 8.28 Sec. 17. [REVISOR'S INSTRUCTION; SECTION 60A.15.] 8.29 The revisor shall insert the phrase "of revenue" after the 8.30 word "commissioner" wherever the word "commissioner" appears 8.31 without further designation in Minnesota Statutes, section 8.32 60A.15. 8.33 Sec. 18. [REPEALER; SECTION 62L.08 NOTE.] 8.34 Laws 1995, First Special Session chapter 3, article 13, 8.35 section 2, is repealed. 8.36 Sec. 19. [REVISOR'S INSTRUCTION; SECTIONS 65A.16 TO 9.1 65A.24.] 9.2 The revisor shall change the citation from section 65A.25 9.3 to section 65A.24 in the following sections of Minnesota 9.4 Statutes: 65A.16; 65A.17; 65A.18; 65A.19; 65A.22; 65A.23; and 9.5 65A.24. 9.6 Sec. 20. Minnesota Statutes 1996, section 84.027, 9.7 subdivision 13, is amended to read: 9.8 Subd. 13. [GAME AND FISH RULES.] (a) The commissioner of 9.9 natural resources may adopt rules under sections 97A.0451 to 9.10 97A.0459 and this subdivision that are authorized under: 9.11 (1) chapters 97A, 97B, and 97C to set open seasons and 9.12 areas, to close seasons and areas, to select hunters for areas, 9.13 to provide for tagging and registration of game, to prohibit or 9.14 allow taking of wild animals to protect a species, and to 9.15 prohibit or allow importation, transportation, or possession of 9.16 a wild animal; 9.17 (2) sections 84.093, 84.14,84.15, and 84.152 to set 9.18 seasons for harvesting wild ginseng roots and wild rice and to 9.19 restrict or prohibit harvesting in designated areas; and 9.20 (3) section 84D.12 to designate prohibited exotic species, 9.21 regulated exotic species, unregulated exotic species, limited 9.22 infestations of Eurasian water milfoil, and infested waters. 9.23 Clause (2) does not limit or supersede the commissioner's9.24 authority to establish opening dates, days, and hours of the9.25 wild rice harvesting season under section 84.14, subdivision 3.9.26 (b) If conditions exist that do not allow the commissioner 9.27 to comply with sections 97A.0451 to 97A.0459, the commissioner 9.28 may adopt a rule under this subdivision by submitting the rule 9.29 to the attorney general for review under section 97A.0455, 9.30 publishing a notice in the State Register and filing the rule 9.31 with the secretary of state and the legislative commission to 9.32 review administrative rules, and complying with section 9.33 97A.0459, and including a statement of the emergency conditions 9.34 and a copy of the rule in the notice. The notice may be 9.35 published after it is received from the attorney general or five 9.36 business days after it is submitted to the attorney general, 10.1 whichever is earlier. 10.2 (c) Rules adopted under paragraph (b) are effective upon 10.3 publishing in the State Register and may be effective up to 10.4 seven days before publishing and filing under paragraph (b), if: 10.5 (1) the commissioner of natural resources determines that 10.6 an emergency exists; 10.7 (2) the attorney general approves the rule; and 10.8 (3) for a rule that affects more than three counties the 10.9 commissioner publishes the rule once in a legal newspaper 10.10 published in Minneapolis, St. Paul, and Duluth, or for a rule 10.11 that affects three or fewer counties the commissioner publishes 10.12 the rule once in a legal newspaper in each of the affected 10.13 counties. 10.14 (d) Except as provided in paragraph (e), a rule published 10.15 under paragraph (c), clause (3), may not be effective earlier 10.16 than seven days after publication. 10.17 (e) A rule published under paragraph (c), clause (3), may 10.18 be effective the day the rule is published if the commissioner 10.19 gives notice and holds a public hearing on the rule within 15 10.20 days before publication. 10.21 (f) The commissioner shall attempt to notify persons or 10.22 groups of persons affected by rules adopted under paragraphs (b) 10.23 and (c) by public announcements, posting, and other appropriate 10.24 means as determined by the commissioner. 10.25 (g) Notwithstanding section 97A.0458, a rule adopted under 10.26 this subdivision is effective for the period stated in the 10.27 notice but not longer than 18 months after the rule is adopted. 10.28 Sec. 21. Minnesota Statutes 1996, section 92.46, 10.29 subdivision 1, is amended to read: 10.30 Subdivision 1. [PUBLIC CAMPGROUNDS.] (a) The director may 10.31 designate suitable portions of the state lands withdrawn from 10.32 sale and not reserved, as provided in section 92.45, as 10.33 permanent state public campgrounds. The director may have the 10.34 land surveyed and platted into lots of convenient size, and 10.35 lease them for cottage and camp purposes under terms and 10.36 conditions the director prescribes, subject to the provisions of 11.1 this section. 11.2 (b) A lease may not be for a term more than 20 years. The 11.3 lease may allow renewal, from time to time, for additional terms 11.4 of no longer than 20 years each. The lease may be canceled by 11.5 the commissioner 90 days after giving the person leasing the 11.6 land written notice of violation of lease conditions. The lease 11.7 rate shall be based on the appraised value of leased land as 11.8 determined by the commissioner of natural resources and shall be 11.9 adjusted by the commissioner at the fifth, tenth, and 15th 11.10 anniversary of the lease, if the appraised value has increased 11.11 or decreased. For leases that are renewed in 1991 and following 11.12 years, the lease rate shall be five percent of the appraised 11.13 value of the leased land. The appraised value shall be the 11.14 value of the leased land without any private improvements and 11.15 must be comparable to similar land without any improvements 11.16 within the same county. The minimum appraised value that the 11.17 commissioner assigns to the leased land must be substantially 11.18 equal to the county assessor's estimated market value of similar 11.19 land adjusted by the assessment/sales ratio as determined by the 11.20 department of revenue. 11.21 (c) By July 1, 1986, the commissioner of natural resources 11.22 shall adopt rules under chapter 14 to establish procedures for 11.23 leasing land under this section. The rules shall be subject to 11.24 review and approval by the commissioners of revenue and 11.25 administration prior to the initial publication pursuant to 11.26 chapter 14 and prior to their final adoption. The rules must 11.27 address at least the following: 11.28 (1) method of appraising the property; and 11.29 (2) an appeal procedure for both the appraised values and 11.30 lease rates. 11.31 (d) All money received from these leases must be credited 11.32 to the fund to which the proceeds of the land belong. 11.33 Notwithstanding section 16A.125 or any other law to the 11.34 contrary, 50 percent of the money received from the lease of 11.35 permanent school fund lands leased pursuant to this subdivision 11.36 must be credited to the lakeshore leasing and sales account in 12.1 the permanent school fund and is appropriated for use to survey, 12.2 appraise, and pay associated selling and leasing costs of lots 12.3 as required in this section and Minnesota Statutes 1992, section 12.4 92.67, subdivision 3. The money may not be used to pay the cost 12.5 of surveying lots not scheduled for sale. Any money designated 12.6 for deposit in the permanent school fund that is not needed to 12.7 survey, appraise, and pay associated selling and leasing costs 12.8 of lots, as required in this section and section 92.67, shall be 12.9 deposited in the permanent school fund. The commissioner shall 12.10 add to the appraised value of any lot offered for sale the costs 12.11 of surveying, appraising, and selling the lot, and shall first 12.12 deposit into the permanent school fund an amount equal to the 12.13 costs of surveying, appraising, and selling any lot paid out of 12.14 the permanent school fund. Any remaining money shall be 12.15 deposited into any other contributing funds in proportion to the 12.16 contribution from each fund. In no case may the commissioner 12.17 add to the appraised value of any lot offered for sale an amount 12.18 more than $700 for the costs of surveying and appraising the lot. 12.19 Sec. 22. [REPEALER; SECTION 92.46, SUBDIVISION 1, NOTE.] 12.20 Laws 1995, chapter 186, section 26, is repealed. 12.21 Sec. 23. [REPEALER; SECTION 103I.235 NOTE.] 12.22 Laws 1991, chapter 292, article 2, section 2, is repealed. 12.23 Sec. 24. Minnesota Statutes 1996, section 103I.341, 12.24 subdivision 1, is amended to read: 12.25 Subdivision 1. [LIEN FOR SEALING COSTS.] The commissioner 12.26 and the board of water and soil resources have a governmental 12.27 services lien under section 514.67 for the costs of sealing a 12.28 well or boring that the commissioner or board has contracted to 12.29 be sealed under section 103I.315, subdivision 2; 103I.331;or 12.30 103I.335. The lien attaches to the real property where the well 12.31 or boring is located. The lien is perfected by filing the lien 12.32 with the county recorder or registrar of titles where the well 12.33 or boring and the property are located and serving or mailing by 12.34 return receipt a copy of the lien to the property owner. 12.35 Sec. 25. Minnesota Statutes 1996, section 103I.535, 12.36 subdivision 9, is amended to read: 13.1 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 13.2 to submit all information required for renewal in subdivision 8 13.3 or submits the application and information after the required 13.4 renewal date: 13.5 (1) the licensee must include an additional late fee set by 13.6 the commissioner under section 16A.12816A.1285; and 13.7 (2) the licensee may not conduct activities authorized by 13.8 the elevator shaft contractor's license until the renewal 13.9 application, renewal application fee, and late fee, and all 13.10 other information required in subdivision 8 are submitted. 13.11 Sec. 26. [REPEALER.] 13.12 Minnesota Statutes 1996, section 115A.03, subdivision 16, 13.13 is repealed. 13.14 Sec. 27. Minnesota Statutes 1996, section 115A.10, is 13.15 amended to read: 13.16 115A.10 [DUTIES OF THE OFFICE; HAZARDOUS WASTE FACILITIES; 13.17 ENCOURAGEMENT OF PRIVATE ENTERPRISE.] 13.18 The office and the director on behalf of the office shall 13.19 encourage the development and operation of hazardous waste 13.20 facilities by private enterprise to the extent practicable and 13.21 consistent with the purposes of sections 115A.01 to 115A.72 and 13.22 the office's hazardous waste management plan adopted pursuant to 13.23 section 115A.11. In preparing the reports under section 115A.0813.24 and the inventory of processing facility sites under section13.25 115A.09,In adopting the management plan, and in its actions and 13.26 decisions under sections 115A.18 to 115A.30 and 115A.32 to 13.27 115A.39, the office and the director on behalf of the office 13.28 shall solicit the active participation of private waste 13.29 management firms and shall so conduct its activities as to 13.30 encourage private permit applications for facilities needed in 13.31 the state. The office shall promulgate rules for accepting and13.32 evaluating applications for permits for the construction and13.33 operation of facilities at sites preferred by the office13.34 pursuant to section 115A.09. The rules shall include standards13.35 and procedures for making determinations on the minimum13.36 qualifications, including technical competence and financial14.1 capability, of permit applicants.14.2 Sec. 28. Minnesota Statutes 1996, section 115A.11, 14.3 subdivision 1b, is amended to read: 14.4 Subd. 1b. [CONTENTS.] The plan must include at least the 14.5 elements prescribed in this subdivision. 14.6 (a) The plan must estimate the types and quantities of 14.7 hazardous waste that will be generated in the state through the 14.8 year 2000. 14.9 (b) The plan must set out specific and quantifiable 14.10 objectives for reducing to the greatest feasible and prudent 14.11 extent the need for and use of disposal facilities located 14.12 within the state, through waste reduction, pretreatment, 14.13 retrievable storage, processing, and resource recovery. 14.14 (c) The plan must estimate the minimum disposal capacity 14.15 and capability required by generators in the state for use 14.16 through the year 2000. The estimate must be based on the 14.17 achievement of the objectives under paragraph (b). 14.18 (d) The plan must describe and recommend the implementation 14.19 strategies required to assure availability of disposal capacity 14.20 for the types and quantities of waste estimated under paragraph 14.21 (c) and to achieve the objectives required by paragraph (b). 14.22 The recommendations must address at least the following: the 14.23 necessary private and government actions; the types of 14.24 facilities and programs required; the availability and use of 14.25 specific facilities outside of the state; development schedules 14.26 for facilities, services, and rules that should be established 14.27 in the state; revenue-raising and financing measures; levels of 14.28 public and private effort and expenditure; legal and 14.29 institutional changes; and other similar matters. 14.30 (e) The plan must provide for the orderly development of 14.31 hazardous waste management sites and facilities to protect the 14.32 health and safety of rural and urban communities. In preparing 14.33 the plan the office shall consider its impact upon agriculture 14.34 and natural resources. 14.35 (f) The plan must include methods and procedures that will 14.36 encourage the establishment of programs, services, and 15.1 facilities that the office recommends for development in the 15.2 state for the recycling, reuse, recovery, conversion, treatment, 15.3 destruction, transfer, storage, or disposal, including 15.4 retrievable storage, of hazardous waste. 15.5 The plan must be consistent with the estimate of need and 15.6 feasibility analysis prepared under section 115A.24 , the15.7 analysis provided in the phase I environmental impact statement15.8 determined to be adequate under section 115A.25, subdivision 1a,15.9 and the decisions made by the office under sectionssection 15.10 115A.28 and 115A.291. 15.11 The office may make the implementation of elements of the 15.12 plan contingent on actions of the legislature that have been 15.13 recommended in the draft plan. 15.14 Sec. 29. Minnesota Statutes 1996, section 115A.12, is 15.15 amended to read: 15.16 115A.12 [ADVISORY COUNCILS.] 15.17 (a) The director shall establish a solid waste management 15.18 advisory council, a hazardous waste management planning council, 15.19 and a market development coordinating council, that are broadly 15.20 representative of the geographic areas and interests of the 15.21 state. 15.22 (b) The solid waste council shall have not less than nine 15.23 nor more than 21 members. The membership of the solid waste 15.24 council shall consist of one-third citizen representatives, 15.25 one-third representatives from local government units, and 15.26 one-third representatives from private solid waste management 15.27 firms. The solid waste council shall contain at least three 15.28 members experienced in the private recycling industry and at 15.29 least one member experienced in each of the following areas: 15.30 state and municipal finance; solid waste collection, processing, 15.31 and disposal; and solid waste reduction and resource recovery. 15.32 (c) The hazardous waste council shall have not less than 15.33 nine nor more than 18 members. The membership of the hazardous 15.34 waste advisory council shall consist of one-third citizen 15.35 representatives, one-third representatives from local government 15.36 units, and one-third representatives of hazardous waste 16.1 generators and private hazardous waste management firms. 16.2 (d) The market development coordinating council shall have 16.3 not less than nine nor more than 18 members and shall consist of 16.4 one representative from the department of trade and economic 16.5 development, the department of administration, the pollution 16.6 control agency, Minnesota Technology, Inc., and the legislative 16.7 commission on waste management. The other members shall 16.8 represent local government units, private recycling markets, and 16.9 private recycling collectors. The market development 16.10 coordinating council expires June 30, 1997. 16.11 (e) The chairs of the advisory councils shall be appointed 16.12 by the director. The director shall provide administrative and 16.13 staff services for the advisory councils. The advisory councils 16.14 shall have such duties as are assigned by law or the director. 16.15 The solid waste advisory council shall make recommendations to 16.16 the office on its solid waste management activities. The 16.17 hazardous waste advisory council shall make recommendations to 16.18 the office on its activities under sections 115A.08, 115A.09,16.19 115A.10, 115A.11, 115A.20, 115A.21,and 115A.24. Members of the 16.20 advisory councils shall serve without compensation but shall be 16.21 reimbursed for their reasonable expenses as determined by the 16.22 director. The solid waste management advisory council and the 16.23 hazardous waste management planning council expire June 30, 1997. 16.24 Sec. 30. Minnesota Statutes 1996, section 115A.9651, 16.25 subdivision 1, is amended to read: 16.26 Subdivision 1. [PROHIBITION.] (a) Except as provided 16.27 in paragraphsparagraph (d) and (e), no person may distribute 16.28 for sale or use in this state any ink, dye, pigment, paint, or 16.29 fungicide manufactured after September 1, 1994, into which lead, 16.30 cadmium, mercury, or hexavalent chromium has been intentionally 16.31 introduced. 16.32 (b) For the purposes of this subdivision, "intentionally 16.33 introduce" means to deliberately use a metal listed in paragraph 16.34 (a) as an element during manufacture or distribution of an item 16.35 listed in paragraph (a). Intentional introduction does not 16.36 include the incidental presence of any of the prohibited 17.1 elements. 17.2 (c) The concentration of a listed metal in an item listed 17.3 in paragraph (a) may not exceed 100 parts per million. 17.4 (d) The prohibition on the use of lead in substances 17.5 utilized in marking road, street, highway, and bridge pavements 17.6 does not take effect until July 1, 1998. 17.7 (e) The use of lead in substances utilized in marking road,17.8 street, highway, and bridge pavements is exempt from this17.9 subdivision until July 1, 1998.17.10 Sec. 31. Minnesota Statutes 1996, section 115B.20, 17.11 subdivision 1, is amended to read: 17.12 Subdivision 1. [ESTABLISHMENT.] (a) The environmental 17.13 response, compensation, and compliance account is in the 17.14 environmental fund in the state treasury and may be spent only 17.15 for the purposes provided in subdivision 2. 17.16 (b) The commissioner of finance shall administer a response 17.17 account for the agency and the commissioner of agriculture to 17.18 take removal, response, and other actions authorized under 17.19 subdivision 2, clauses (1) to (4) and (11)(10) to (13)(12). 17.20 The commissioner of finance shall transfer money from the 17.21 response account to the agency and the commissioner of 17.22 agriculture to take actions required under subdivision 2, 17.23 clauses (1) to (4) and (11)(10) to (13)(12). 17.24 (c) The commissioner of finance shall administer the 17.25 account in a manner that allows the commissioner of agriculture 17.26 and the agency to utilize the money in the account to implement 17.27 their removal and remedial action duties as effectively as 17.28 possible. 17.29 (d) Amounts appropriated to the commissioner of finance 17.30 under this subdivision shall not be included in the department 17.31 of finance budget but shall be included in the pollution control 17.32 agency and department of agriculture budgets. 17.33 (e) All money recovered by the state under section 115B.04 17.34 or any other law for injury to, destruction of, or loss of 17.35 natural resources resulting from the release of a hazardous 17.36 substance, or a pollutant or contaminant, must be credited to 18.1 the environmental response, compensation, and compliance account 18.2 in the environmental fund and is appropriated to the 18.3 commissioner of natural resources for purposes of subdivision 2, 18.4 clause (6), consistent with any applicable term of judgments, 18.5 consent decrees, consent orders, or other administrative actions 18.6 requiring payments to the state for such purposes. Before 18.7 making an expenditure of money appropriated under this 18.8 paragraph, the commissioner of natural resources shall provide 18.9 written notice of the proposed expenditure to the chairs of the 18.10 senate committee on finance, the house of representatives 18.11 committee on ways and means, the finance division of the senate 18.12 committee on environment and natural resources, and the house of 18.13 representatives committee on environment and natural resources 18.14 finance. 18.15 Sec. 32. Minnesota Statutes 1996, section 115B.20, 18.16 subdivision 2, is amended to read: 18.17 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject 18.18 to appropriation by the legislature the money in the account may 18.19 be spent for any of the following purposes: 18.20 (1) preparation by the agency and the commissioner of 18.21 agriculture for taking removal or remedial action under section 18.22 115B.17, or under chapter 18D, including investigation, 18.23 monitoring and testing activities, enforcement and compliance 18.24 efforts relating to the release of hazardous substances, 18.25 pollutants or contaminants under section 115B.17 or 115B.18, or 18.26 chapter 18D; 18.27 (2) removal and remedial actions taken or authorized by the 18.28 agency or the commissioner of the pollution control agency under 18.29 section 115B.17, or taken or authorized by the commissioner of 18.30 agriculture under chapter 18D including related enforcement and 18.31 compliance efforts under section 115B.17 or 115B.18, or chapter 18.32 18D, and payment of the state share of the cost of remedial 18.33 action which may be carried out under a cooperative agreement 18.34 with the federal government pursuant to the Federal Superfund 18.35 Act, under United States Code, title 42, section 9604(c)(3) for 18.36 actions related to facilities other than commercial hazardous 19.1 waste facilities located under the siting authority of chapter 19.2 115A; 19.3 (3) reimbursement to any private person for expenditures 19.4 made before July 1, 1983, to provide alternative water supplies 19.5 deemed necessary by the agency or the commissioner of 19.6 agriculture and the department of health to protect the public 19.7 health from contamination resulting from the release of a 19.8 hazardous substance; 19.9 (4) removal and remedial actions taken or authorized by the 19.10 agency or the commissioner of agriculture or the pollution 19.11 control agency under section 115B.17, or chapter 18D, including 19.12 related enforcement and compliance efforts under section 115B.17 19.13 or 115B.18, or chapter 18D, and payment of the state share of 19.14 the cost of remedial action which may be carried out under a 19.15 cooperative agreement with the federal government pursuant to 19.16 the Federal Superfund Act, under United States Code, title 42, 19.17 section 9604(c)(3) for actions related to commercial hazardous 19.18 waste facilities located under the siting authority of chapter 19.19 115A; 19.20 (5) compensation as provided by law, after submission by19.21 the office of environmental assistance of the report required19.22 under section 115A.08, subdivision 5, to mitigate any adverse19.23 impact of the location of commercial hazardous waste processing19.24 or disposal facilities located pursuant to the siting authority19.25 of chapter 115A;19.26 (6)planning and implementation by the commissioner of 19.27 natural resources of the rehabilitation, restoration, or 19.28 acquisition of natural resources to remedy injuries or losses to 19.29 natural resources resulting from the release of a hazardous 19.30 substance; 19.31 (7)(6) inspection, monitoring, and compliance efforts by 19.32 the agency, or by political subdivisions with agency approval, 19.33 of commercial hazardous waste facilities located under the 19.34 siting authority of chapter 115A; 19.35 (8)(7) grants by the agency or the office of environmental 19.36 assistance to demonstrate alternatives to land disposal of 20.1 hazardous waste including reduction, separation, pretreatment, 20.2 processing and resource recovery, for education of persons 20.3 involved in regulating and handling hazardous waste; 20.4 (9)(8) intervention and environmental mediation by the 20.5 legislative commission on waste management under chapter 115A; 20.6 and20.7 (10)(9) grants by the agency to study the extent of 20.8 contamination and feasibility of cleanup of hazardous substances 20.9 and pollutants or contaminants in major waterways of the state; 20.10 (11)(10) acquisition of a property interest under section 20.11 115B.17, subdivision 15; 20.12 (12)(11) reimbursement, in an amount to be determined by 20.13 the agency in each case, to a political subdivision that is not 20.14 a responsible person under section 115B.03, for reasonable and 20.15 necessary expenditures resulting from an emergency caused by a 20.16 release or threatened release of a hazardous substance, 20.17 pollutant, or contaminant; and 20.18 (13)(12) reimbursement to a political subdivision for 20.19 expenditures in excess of the liability limit under section 20.20 115B.04, subdivision 4. 20.21 Sec. 33. Minnesota Statutes 1996, section 115B.39, 20.22 subdivision 2, is amended to read: 20.23 Subd. 2. [DEFINITIONS.] (a) In addition to the definitions 20.24 in this subdivision, the definitions in sections 115A.03 and 20.25 115B.02 apply to sections 115B.39 to 115B.46115B.445, except as 20.26 specifically modified in this subdivision. 20.27 (b) "Cleanup order" means a consent order between 20.28 responsible persons and the agency or an order issued by the 20.29 United States Environmental Protection Agency under section 106 20.30 of the federal Superfund Act. 20.31 (c) "Closure" means actions to prevent or minimize the 20.32 threat to public health and the environment posed by a mixed 20.33 municipal solid waste disposal facility that has stopped 20.34 accepting waste by controlling the sources of releases or 20.35 threatened releases at the facility. "Closure" includes 20.36 removing contaminated equipment and liners; applying final 21.1 cover; grading and seeding final cover; installing wells, 21.2 borings, and other monitoring devices; constructing groundwater 21.3 and surface water diversion structures; and installing gas 21.4 control systems and site security systems, as necessary. The 21.5 commissioner may authorize use of final cover that includes 21.6 processed materials that meet the requirements in Code of 21.7 Federal Regulations, title 40, section 503.32, paragraph (a). 21.8 (d) "Contingency action" means organized, planned, or 21.9 coordinated courses of action to be followed in case of fire, 21.10 explosion, or release of solid waste, waste by-products, or 21.11 leachate that could threaten human health or the environment. 21.12 (e) "Corrective action" means steps taken to repair 21.13 facility structures including liners, monitoring wells, 21.14 separation equipment, covers, and aeration devices and to bring 21.15 the facility into compliance with design, construction, 21.16 groundwater, surface water, and air emission standards. 21.17 (f) "Decomposition gases" means gases produced by chemical 21.18 or microbial activity during the decomposition of solid waste. 21.19 (g) "Environmental response action" means response action 21.20 at a qualified facility, including corrective action, closure, 21.21 postclosure care; contingency action; environmental studies, 21.22 including remedial investigations and feasibility studies; 21.23 engineering, including remedial design; removal; remedial 21.24 action; site construction; and other similar cleanup-related 21.25 activities. 21.26 (h) "Environmental response costs" means: 21.27 (1) costs of environmental response action, not including 21.28 legal or administrative expenses; and 21.29 (2) costs required to be paid to the federal government 21.30 under section 107(a) of the federal Superfund Act, as amended. 21.31 (i) "Postclosure" or "postclosure care" means actions taken 21.32 for the care, maintenance, and monitoring of closure actions at 21.33 a mixed municipal solid waste disposal facility. 21.34 (j) "Qualified facility" means a mixed municipal solid 21.35 waste disposal facility, including adjacent property used for 21.36 solid waste disposal, that: 22.1 (1) is or was permitted by the agency; 22.2 (2) stopped accepting solid waste, except demolition 22.3 debris, for disposal by April 9, 1994; and 22.4 (3) stopped accepting demolition debris for disposal by 22.5 June 1, 1994, except that demolition debris may be accepted 22.6 until May 1, 1995, at a permitted area where disposal of 22.7 demolition debris is allowed, if the area where the demolition 22.8 debris is deposited is at least 50 feet from the fill boundary 22.9 of the area where mixed municipal solid waste was deposited. 22.10 Sec. 34. Minnesota Statutes 1996, section 115B.412, 22.11 subdivision 5, is amended to read: 22.12 Subd. 5. [ENVIRONMENTAL LIEN.] An environmental lien for 22.13 environmental response costs incurred, including reimbursements 22.14 made under section 115B.43, by the commissioner under sections 22.15 115B.39 to 115B.46115B.445 attaches in the same manner as a 22.16 lien under sections 514.671 to 514.676 to all the real property 22.17 described in the original and any revised permits for a 22.18 qualified facility and any adjacent property owned by the 22.19 facility owner or operator from the date the first assessment, 22.20 closure, postclosure care, or response activities related to the 22.21 facility are undertaken by the commissioner. For the purposes 22.22 of filing an environmental lien under this subdivision, the term 22.23 "cleanup action" as used in sections 514.671 to 514.676 includes 22.24 all of the costs incurred by the commissioner to assess, close, 22.25 maintain, monitor, and respond to releases at qualified 22.26 facilities under sections 115B.39 to 115B.46115B.445. 22.27 Notwithstanding section 514.672, subdivision 4, a lien under 22.28 this paragraph takes precedence over all other liens on the 22.29 property regardless of when the other liens were or are 22.30 perfected. For the purpose of this subdivision, "owner or 22.31 operator" has the meaning given it in section 115B.41, 22.32 subdivision 4. 22.33 Sec. 35. Minnesota Statutes 1996, section 115B.42, 22.34 subdivision 2, is amended to read: 22.35 Subd. 2. [EXPENDITURES.] (a) Money in the fund may be 22.36 spent by the commissioner to: 23.1 (1) inspect permitted mixed municipal solid waste disposal 23.2 facilities to: 23.3 (i) evaluate the adequacy of final cover, slopes, 23.4 vegetation, and erosion control; 23.5 (ii) determine the presence and concentration of hazardous 23.6 substances, pollutants or contaminants, and decomposition gases; 23.7 and 23.8 (iii) determine the boundaries of fill areas; 23.9 (2) monitor and take, or reimburse others for, 23.10 environmental response actions, including emergency response 23.11 actions, at qualified facilities; 23.12 (3) acquire and dispose of property under section 115B.412, 23.13 subdivision 3; 23.14 (4) recover costs under sectionssection 115B.39 and23.15 115B.46; 23.16 (5) administer, including providing staff and 23.17 administrative support for, sections 115B.39 to 115B.4623.18 115B.445; 23.19 (6) enforce sections 115B.39 to 115B.46115B.445; 23.20 (7) subject to appropriation, administer the agency's 23.21 groundwater and solid waste management programs; 23.22 (8) reimburse persons under section 115B.43; and 23.23 (9) reimburse mediation expenses up to a total of $250,000 23.24 annually or defense costs up to a total of $250,000 annually for 23.25 third-party claims for response costs under state or federal law 23.26 as provided in section 115B.414. 23.27 Sec. 36. Minnesota Statutes 1996, section 116.07, 23.28 subdivision 4b, is amended to read: 23.29 Subd. 4b. [PERMITS; HAZARDOUS WASTE FACILITIES.] (a) The 23.30 agency shall provide to the office of environmental assistance 23.31 established in section 115A.055, copies of each permit 23.32 application for a hazardous waste facility immediately upon its 23.33 submittal to the agency. The agency shall request 23.34 recommendations on each permit application from the office and 23.35 shall consult with the office on the agency's intended 23.36 disposition of the recommendations. Except as otherwise 24.1 provided in sections 115A.18 to 115A.30, the agency shall 24.2 commence any environmental review required under chapter 116D 24.3 within 120 days of its acceptance of a completed permit 24.4 application. The agency shall respond to a permit application 24.5 for a hazardous waste facility within 120 days following a 24.6 decision not to prepare environmental documents or following the 24.7 acceptance of a negative declaration notice or an environmental 24.8 impact statement. Except as otherwise provided in sections 24.9 115A.18 to 115A.30, within 60 days following the submission of a 24.10 final permit application for a hazardous waste facility, unless 24.11 a time extension is agreed to by the applicant, the agency shall 24.12 issue or deny all permits needed for the construction of the 24.13 proposed facility. 24.14 (b) The agency shall promulgate rules pursuant to chapter 24.15 14 for all hazardous waste facilities. After the report of the24.16 office of environmental assistance required by section 115A.08,24.17 subdivision 5a, has been submitted to the legislature, the24.18 agency shall review its rules for hazardous waste facilities and24.19 shall consider whether any of the rules should be modified or if24.20 new rules should be adopted based on the recommendations in the24.21 report.The rules shall require: 24.22 (1) contingency plans for all hazardous waste facilities 24.23 which provide for effective containment and control in any 24.24 emergency condition; 24.25 (2) the establishment of a mechanism to assure that money 24.26 to cover the costs of closure and postclosure monitoring and 24.27 maintenance of hazardous waste facilities will be available; 24.28 (3) the maintenance of liability insurance by the owner or 24.29 operator of hazardous waste facilities during the operating life 24.30 of the facility. 24.31 Sec. 37. Minnesota Statutes 1996, section 116.07, 24.32 subdivision 10, is amended to read: 24.33 Subd. 10. [SOLID WASTE GENERATOR ASSESSMENTS.] (a) For the 24.34 purposes of this subdivision: 24.35 (1) "assessed waste" means mixed municipal solid waste as 24.36 defined in section 115A.03, subdivision 21, infectious waste as 25.1 defined in section 116.76, subdivision 12, pathological waste as 25.2 defined in section 116.76, subdivision 14, industrial waste as 25.3 defined in section 115A.03, subdivision 13a, and construction 25.4 debris as defined in section 115A.03, subdivision 7; provided 25.5 that all types of assessed waste listed in this clause do not 25.6 include: 25.7 (i) materials that are separated for recycling by the 25.8 generator and that are collected separately from other waste and 25.9 delivered to a waste facility for the purpose of recycling and 25.10 recycled; 25.11 (ii) materials that are separated for recycling by the 25.12 generator, collected and delivered to a waste facility that 25.13 recycles at least 85 percent of its waste, and are collected 25.14 with mixed municipal solid waste that is segregated in leakproof 25.15 bags, provided that the mixed municipal solid waste does not 25.16 exceed five percent of the total weight of the materials 25.17 delivered to the facility and is ultimately delivered to a 25.18 facility designated under sections 115A.80 to 115A.893; and 25.19 (iii) waste generated outside of Minnesota; 25.20 (2) "noncompacted cubic yard" means a loose cubic yard of 25.21 assessed waste; 25.22 (3) "nonresidential customer" means: 25.23 (i) an owner or operator of a business, including a home 25.24 operated business, industry, church, nursing home, nonprofit 25.25 organization, school, or any other commercial or institutional 25.26 enterprise; 25.27 (ii) an owner of a building or site containing multiple 25.28 residences, including a townhome or manufactured home park, 25.29 where no resident has separate trash pickup, and no resident is 25.30 separately assessed for such service; and 25.31 (iii) any other generator of assessed waste that is not a 25.32 residential customer as defined in clause (6); 25.33 (4) "periodic waste collection" means each time a waste 25.34 container is emptied by the person that collects the assessed 25.35 waste; 25.36 (5) "person that collects assessed waste" means each person 26.1 that is required to pay sales tax on solid waste collection 26.2 services under section 297A.45, or would pay sales tax under 26.3 that section if the assessed waste was mixed municipal solid 26.4 waste; and 26.5 (6) "residential customer" means: 26.6 (i) a detached single family residence that generates only 26.7 household mixed municipal solid waste; and 26.8 (ii) a person residing in a building or at a site 26.9 containing multiple residences, including a townhome or a 26.10 manufactured home park, where each resident either (A) is 26.11 separately assessed for waste collection or (B) has separate 26.12 waste collection for each resident, even if the resident pays to 26.13 the owner or an association a monthly maintenance fee which 26.14 includes the expense of waste collection, and the owner or 26.15 association pays the waste collector for waste collection in one 26.16 lump sum. 26.17 (b) A person that collects assessed waste shall collect and 26.18 remit to the commissioner of revenue a solid waste generator 26.19 assessment from each of the person's customers as provided in 26.20 paragraphs (c) and (d). A waste management facility that 26.21 accepts assessed waste shall collect and remit to the 26.22 commissioner of revenue the solid waste assessment as provided 26.23 in paragraph (e). 26.24 (c) Except as provided in paragraph (f), the amount of the 26.25 assessment for each residential customer is $2 per year. Each 26.26 person that collects assessed waste shall collect the assessment 26.27 annually from each residential customer that is receiving mixed 26.28 municipal solid waste collection service on July 1 of each year 26.29 and shall remit the amount actually collected along with the 26.30 person's first remittance of the sales tax on solid waste 26.31 collection services, described in section 297A.45, made after 26.32 October 1 of each year. For buildings or sites that contain 26.33 multiple residences that are not separately billed for 26.34 collection services, the person who collects assessed waste 26.35 shall collect the assessment for all the residences from the 26.36 person who is billed for the collection service. Any amount of 27.1 the assessment that is received by the person that collects 27.2 assessed waste after October 1 of each year must be remitted 27.3 along with the person's next remittance of sales tax after 27.4 receipt of the assessment. 27.5 (d)(1) Except as provided in clause (2), the amount of the 27.6 assessment for each nonresidential customer is 60 cents per 27.7 noncompacted cubic yard of periodic waste collection capacity 27.8 purchased by the customer, based on the size of the container 27.9 for the assessed waste. For a residential customer that 27.10 generates assessed waste that is not mixed municipal solid 27.11 waste, the amount of the assessment is 60 cents per noncompacted 27.12 cubic yard of collection capacity purchased for the waste that 27.13 is not mixed municipal solid waste, based on the size of the 27.14 container for the waste. If the capacity purchased is for 27.15 compacted cubic yards of mixed municipal solid waste, the 27.16 noncompacted capacity purchased is based on the compaction ratio 27.17 of 3:1. The commissioner of revenue, after consultation with 27.18 the commissioner of the pollution control agency, shall 27.19 determine, and may publish by notice, compaction rates for other 27.20 types of waste where they exist and conversion schedules for 27.21 waste that is managed by measurements other than cubic yards. 27.22 Each person that collects assessed waste shall collect the 27.23 assessment from each nonresidential customer as part of each 27.24 statement for payment of waste collection charges and shall 27.25 remit the amount actually collected along with the next 27.26 remittance of sales tax after receipt of the assessment. 27.27 (2) The assessment for nonresidential customers for the 27.28 mixed municipal solid waste that is collected with 27.29 source-separated recyclable materials as described in paragraph 27.30 (a), clause (1), item (ii), is three-tenths of a cent per 27.31 gallon. The customer must pay by purchasing specific collection 27.32 bags or stickers that include the cost of the collection service 27.33 and assessment. 27.34 (e) A person who transports assessed waste generated by 27.35 that person or by another person without compensation shall pay 27.36 an assessment of 60 cents per noncompacted cubic yard or the 28.1 equivalent to the operator of the waste management facility to 28.2 which the waste is delivered. The operator shall remit the 28.3 assessments actually collected under this paragraph to the 28.4 commissioner of revenue. This subdivision does not apply to a 28.5 person who transports industrial waste generated by that person 28.6 to a facility owned and operated by that person. 28.7 (f) The amount of the assessment for each residential 28.8 customer that is subject to a mixed municipal solid waste 28.9 collection service for which the customer pays, based on the 28.10 volume of waste collected, by purchasing specific collection 28.11 bags or stickers from the waste collector, municipality, or 28.12 other vendor is either: 28.13 (1) determined by a method developed by the waste collector 28.14 or municipality and approved by the commissioner of revenue, 28.15 which yields the equivalent of approximately a $2 annual 28.16 assessment per household; or 28.17 (2) three cents per each 35 gallon unit or less. If the 28.18 per unit fee method under this clause is used, it is the 28.19 responsibility of the waste collector or the municipality who is 28.20 selling the bags or stickers to remit the amount of the 28.21 assessment to the department of revenue, according to a payment 28.22 schedule provided by the commissioner of revenue. The 28.23 collection service and assessment under this clause shall be 28.24 included in the price of the bag or sticker. 28.25 (g) The commissioner of revenue shall redesign sales tax 28.26 forms for persons that collect assessed waste to accommodate 28.27 payment of the assessment. The amounts remitted under this 28.28 subdivision must be deposited in the state treasury and credited 28.29 to the solid waste fund established in section 115B.42. 28.30 (h) For persons that collect assessed waste and operators 28.31 of waste management facilities who are required to collect the 28.32 solid waste generator assessments under this subdivision, and 28.33 persons who are required to remit the assessment under paragraph 28.34 (f), and who do not collect and remit the sales tax on solid 28.35 waste collection services under section 297A.45, the 28.36 commissioner of revenue shall determine when and in what manner 29.1 the persons and operators must remit the assessment amounts 29.2 actually collected. 29.3 (i) For the purposes of this subdivision, the requirement 29.4 to "collect" the solid waste generator assessment under 29.5 paragraph (b) means that the person to whom the requirement 29.6 applies shall: 29.7 (i) include the amount of the assessment in the appropriate 29.8 statement of charges for waste collection services and in any 29.9 action to enforce payment on delinquent accounts; 29.10 (ii) accurately account for assessments received; 29.11 (iii) indicate to generators that payment of the assessment 29.12 by the waste generator is required by law and inform generators, 29.13 using information supplied by the commissioner of the agency, of 29.14 the purposes for which revenue from the assessment will be 29.15 spent; and 29.16 (iv) cooperate fully with the commissioner of revenue to 29.17 identify generators of assessed waste who fail to remit payment 29.18 of the assessment. 29.19 (j) The audit, penalty, enforcement, and administrative 29.20 provisions applicable to taxes imposed under chapter 297A apply 29.21 to the assessments imposed under this subdivision. 29.22 (k) If less than $25,000,000 is projected to be available 29.23 for new encumbrances in any fiscal year after fiscal year 1996 29.24 from all existing dedicated revenue sources for landfill cleanup 29.25 and reimbursement costs under sections 115B.39 to 115B.4629.26 115B.445, by April 1 before the next fiscal year in which the 29.27 shortfall is projected the commissioner of the agency shall 29.28 certify to the commissioner of revenue the amount of the 29.29 shortfall. To provide for the shortfall, the commissioner of 29.30 revenue shall increase the assessment under paragraphs (d) and 29.31 (e) by an amount sufficient to generate revenue equal to the 29.32 amount of the shortfall effective the following July 1 and shall 29.33 provide notice of the increased assessment by May 1 following 29.34 certification to persons who are required to collect and remit 29.35 the solid waste generator assessments under this subdivision. 29.36 Sec. 38. Minnesota Statutes 1996, section 116C.91, 30.1 subdivision 1, is amended to read: 30.2 Subdivision 1. [SCOPE.] As used in sections 116C.91 to 30.3 116C.98116C.97, the terms defined in this section have the 30.4 meanings given them. 30.5 Sec. 39. Minnesota Statutes 1996, section 116J.75, 30.6 subdivision 1, is amended to read: 30.7 Subdivision 1. [APPOINTMENT OF DIRECTOR.] The head of the 30.8 bureau shall be the director of business licenses. The director 30.9 shall be appointed by the commissioner in accordance with 30.10 section 216C.23116J.01, and shall be in the classified service. 30.11 Sec. 40. [REPEALER; SECTION 116J.975.] 30.12 Minnesota Statutes 1996, section 116J.975, is repealed. 30.13 Sec. 41. [REPEALER; SECTION 118.01, SUBDIVISION 1, NOTE.] 30.14 Laws 1996, chapter 414, article 1, section 30, is repealed. 30.15 Sec. 42. Minnesota Statutes 1996, section 119A.04, 30.16 subdivision 5, is amended to read: 30.17 Subd. 5. [DEPARTMENT OF PUBLIC SAFETY.] The powers and 30.18 duties with respect to the following program is transferred to 30.19 the department of children, families, and learning under section 30.20 15.039: drug policy and violence prevention and the community 30.21 advisory violence prevention councils under sections 119A.25 to 30.22 119A.35119A.33 and 119A.36119A.34. 30.23 Sec. 43. Minnesota Statutes 1996, section 120.062, 30.24 subdivision 12, is amended to read: 30.25 Subd. 12. [GENERAL EDUCATION AID.] Adjustments to general 30.26 education aid , capital expenditure facilities aid, and equipment30.27 aidfor the resident and nonresident districts shall be made 30.28 according to sectionssection 124A.036, subdivision 5 , and30.29 124.245, subdivision 6, respectively. 30.30 Sec. 44. Minnesota Statutes 1996, section 120.075, 30.31 subdivision 5, is amended to read: 30.32 Subd. 5. General education aid , capital expenditure30.33 facilities aid, capital expenditure equipment aid,and 30.34 transportation aid attributable to pupils covered by programs 30.35 under this section must be paid according to sections 124A.036, 30.36 subdivision 5, 124.245, subdivision 6,and 124.225, subdivision 31.1 8l. 31.2 Sec. 45. Minnesota Statutes 1996, section 120.0751, 31.3 subdivision 6, is amended to read: 31.4 Subd. 6. [AID.] General education aid , capital expenditure31.5 facilities aid, capital expenditure equipment aid,and 31.6 transportation aid for pupils covered by programs under this 31.7 section must be paid according to sections 124A.036, subdivision 31.8 5, 124.245, subdivision 6,and 124.225, subdivision 8l. 31.9 Sec. 46. Minnesota Statutes 1996, section 120.0752, 31.10 subdivision 4, is amended to read: 31.11 Subd. 4. General education aid , capital expenditure31.12 facilities aid, capital expenditure equipment aid,and 31.13 transportation aid for pupils covered by programs under this 31.14 section must be paid according to sections 124A.036, subdivision 31.15 5, 124.245, subdivision 6,and 124.225, subdivision 8l. 31.16 Sec. 47. Minnesota Statutes 1996, section 121.15, 31.17 subdivision 1, is amended to read: 31.18 Subdivision 1. [CONSULTATION.] A school district shall 31.19 consult with the commissioner of children, families, and 31.20 learning before developing any plans and specifications to 31.21 construct, remodel, or improve the building or site of an 31.22 educational facility for which the estimated cost exceeds 31.23 $100,000. This consultation shall occur before a referendum for 31.24 bonds, solicitation for bids, or use of capital expenditure 31.25 facilities revenue according to section 124.243124A.22, 31.26 subdivision 611, clause (2). The commissioner may require the 31.27 district to participate in a management assistance plan before 31.28 conducting a review and comment on the project. 31.29 Sec. 48. Minnesota Statutes 1996, section 121.912, 31.30 subdivision 1, is amended to read: 31.31 Subdivision 1. [LIMITATIONS.] Except as provided in this 31.32 subdivision, sections 121.9121, 123.36, 124.243,475.61, and 31.33 475.65, a school district may not permanently transfer money 31.34 from (1) an operating fund to a nonoperating fund; (2) a 31.35 nonoperating fund to another nonoperating fund; or (3) a 31.36 nonoperating fund to an operating fund. Permanent transfers may 32.1 be made from any fund to any other fund to correct for prior 32.2 fiscal years' errors discovered after the books have been closed 32.3 for that year. Permanent transfers may be made from the general 32.4 fund to any other operating funds according to section 123.7045 32.5 or if the resources of the other fund are not adequate to 32.6 finance approved expenditures from that other fund. Permanent 32.7 transfers may also be made from the general fund to eliminate 32.8 deficits in another fund when that other fund is being 32.9 discontinued. When a district discontinues operation of a 32.10 district-owned bus fleet or a substantial portion of a fleet, 32.11 the balance shall cancel to the district's general fund. 32.12 Sec. 49. Minnesota Statutes 1996, section 124.155, 32.13 subdivision 2, is amended to read: 32.14 Subd. 2. [ADJUSTMENT TO AIDS.] (a) The amount specified in 32.15 subdivision 1 shall be used to adjust the following state aids 32.16 and credits in the order listed: 32.17 (1) general education aid authorized in sectionssection 32.18 124A.23 and 124B.20; 32.19 (2) secondary vocational aid authorized in section 124.573; 32.20 (3) special education aid authorized in sections 32.21 124.32 ,and 124.3201 , and 124.3202; 32.22 (4) secondary vocational aid for children with a disability 32.23 authorized in section 124.574; 32.24 (5) aid for pupils of limited English proficiency 32.25 authorized in section 124.273; 32.26 (6) transportation aid authorized in section 124.225; 32.27 (7) community education programs aid authorized in section 32.28 124.2713; 32.29 (8) adult education aid authorized in section 124.26; 32.30 (9) early childhood family education aid authorized in 32.31 section 124.2711; 32.32 (10) capital expenditure aid authorized in sections32.33 124.243, 124.244, andsection 124.83; 32.34 (11) school district cooperation aid authorized in section 32.35 124.2727; 32.36 (12) assurance of mastery aid according to section 124.311; 33.1 (13) homestead and agricultural credit aid, disparity 33.2 credit and aid, and changes to credits for prior year 33.3 adjustments according to section 273.1398, subdivisions 2, 3, 4, 33.4 and 7; 33.5 (14) attached machinery aid authorized in section 273.138, 33.6 subdivision 3; 33.7 (15) alternative delivery aid authorized in section 33.8 124.322; 33.9 (16) special education equalization aid authorized in 33.10 section 124.321; 33.11 (17) special education excess cost aid authorized in 33.12 section 124.323; 33.13 (18) learning readiness aid authorized in section 124.2615; 33.14 and 33.15 (19) cooperation-combination aid authorized in section 33.16 124.2725. 33.17 (b) The commissioner of children, families, and learning 33.18 shall schedule the timing of the adjustments to state aids and 33.19 credits specified in subdivision 1, as close to the end of the 33.20 fiscal year as possible. 33.21 Sec. 50. [REPEALER; SECTION 124.2442.] 33.22 Minnesota Statutes 1996, section 124.2442, is repealed. 33.23 Sec. 51. [REPEALER; SECTION 124.245.] 33.24 Minnesota Statutes 1996, section 124.245, is repealed. 33.25 Sec. 52. Minnesota Statutes 1996, section 124.248, 33.26 subdivision 3, is amended to read: 33.27 Subd. 3. [SPECIAL EDUCATION AND LIMITED ENGLISH 33.28 PROFICIENCY AID.] Special education aid shall be paid to a 33.29 charter school according to sectionssection 124.3201 and33.30 124.3202, as though it were a school district. The charter 33.31 school may charge tuition to the district of residence as 33.32 provided in section 120.17, subdivision 4. Limited English 33.33 proficiency programs aid shall be paid to a charter school 33.34 according to section 124.273 as though it were a school 33.35 district. The charter school shall allocate its special 33.36 education levy equalization revenue to the resident districts of 34.1 the pupils attending the charter school. The districts of 34.2 residence shall levy as though they were participating in a 34.3 cooperative, as provided in section 124.321, subdivision 3. 34.4 Sec. 53. Minnesota Statutes 1996, section 124.2725, 34.5 subdivision 11, is amended to read: 34.6 Subd. 11. [USE OF REVENUE.] Revenue under this section 34.7 shall be used for expenses of cooperating and combining school 34.8 districts, including, but not limited to: 34.9 (1) secondary course offerings in communications, 34.10 mathematics, science, social studies, foreign languages, 34.11 physical education, health, and career education if the courses 34.12 have specific learner outcomes; 34.13 (2) participation by teachers in determining the learner 34.14 outcomes; 34.15 (3) staff in-service related to cooperation and 34.16 combination; 34.17 (4) any of the purposes set forth in sections 124.24334.18 section 124A.22, subdivision 611, clauses (3), 34.19 (4), and(15), and 124.244, subdivision 4, clauses (2), (3),34.20 (4), (5), and (6)(18), (19), (20), (21), and (22), if the 34.21 purposes are related to courses offered cooperatively; and 34.22 (5) incentives for superintendents, principals, teachers, 34.23 and other licensed and nonlicensed employees, such as early 34.24 retirement, severance pay, and health insurance benefits. 34.25 Sec. 54. Minnesota Statutes 1996, section 124.3201, 34.26 subdivision 1, is amended to read: 34.27 Subdivision 1. [DEFINITIONS.] For the purposes of this 34.28 section and sections 124.3202 andsection 124.321, the 34.29 definitions in this subdivision apply. 34.30 (a) "Base year" for fiscal year 1996 and fiscal year 1997 34.31 means the 1994 summer program and the 1994-1995 school year. 34.32 Base year for later fiscal years means the second fiscal year 34.33 preceding the fiscal year for which aid will be paid. 34.34 (b) "Basic revenue" has the meaning given it in section 34.35 124A.22, subdivision 2. For the purposes of computing basic 34.36 revenue pursuant to this section, each child with a disability 35.1 shall be counted as prescribed in section 124.17, subdivision 1. 35.2 (c) "Essential personnel" means teachers, related services, 35.3 and support services staff providing direct services to students. 35.4 (d) "Average daily membership" has the meaning given it in 35.5 section 124.17. 35.6 (e) "Program growth factor" means 1.00 for fiscal year 1998 35.7 and later. 35.8 (f) "Aid percentage factor" means 60 percent for fiscal 35.9 year 1996, 70 percent for fiscal year 1997, 80 percent for 35.10 fiscal year 1998, 90 percent for fiscal year 1999, and 100 35.11 percent for fiscal years 2000 and later. 35.12 (g) "Levy percentage factor" means 100 minus the aid 35.13 percentage factor for that year. 35.14 Sec. 55. Minnesota Statutes 1996, section 124.3201, 35.15 subdivision 2b, is amended to read: 35.16 Subd. 2b. [SPECIAL EDUCATION COURT PLACEMENT REVENUE.] For 35.17 fiscal year 1996 and later, a district's special education court 35.18 placement revenue is equal to 50 percent of the difference 35.19 between expenditures for teachers' salaries, contracted 35.20 services, supplies, and equipment eligible for revenues under 35.21 sectionssection 124.3201 and 124.3202, in the base year and 35.22 actual expenditures for pupils with disabilities who receive 35.23 services pursuant to a court order. 35.24 Sec. 56. [REPEALER; SECTION 124.3202.] 35.25 Minnesota Statutes 1996, section 124.3202, is repealed. 35.26 Sec. 57. Minnesota Statutes 1996, section 124.321, 35.27 subdivision 1, is amended to read: 35.28 Subdivision 1. [LEVY EQUALIZATION REVENUE.] (a) For fiscal 35.29 years 1996 and later, special education levy equalization 35.30 revenue for a school district, excluding an intermediate school 35.31 district, equals the sum of the following amounts: 35.32 (1) the levy percentage factor for that year times the 35.33 district's special education revenue under section 124.3201; 35.34 plus 35.35 (2) the levy percentage factor for that year times the35.36 district's special education summer program revenue under36.1 section 124.3202; plus36.2 (3)the levy percentage factor for that year times the 36.3 district's special education excess cost revenue under section 36.4 124.323; plus 36.5 (4)(3) the levy percentage factor for that year times the 36.6 district's secondary vocational education for children with a 36.7 disability revenue under section 124.574; plus 36.8 (5)(4) the levy percentage factor for that year times the 36.9 district's limited English proficiency programs revenue under 36.10 section 124.273. 36.11 Sec. 58. Minnesota Statutes 1996, section 124.321, 36.12 subdivision 2, is amended to read: 36.13 Subd. 2. [REVENUE ALLOCATION FROM STATE ACADEMIES.] (a) 36.14 For purposes of this section, the Minnesota state academy for 36.15 the deaf or the Minnesota state academy for the blind each year 36.16 shall allocate an amount equal to the levy percentage factor for 36.17 that year times their special education revenue under section 36.18 124.3201 and their special education summer program revenue36.19 under section 124.3202for the year to each school district that 36.20 assigns a child with an individual education plan requiring an 36.21 instructional aide to attend either academy. The school 36.22 districts that assign a child who requires an instructional aide 36.23 may make a levy in the amount of the costs allocated to them by 36.24 either academy. 36.25 (b) When the Minnesota state academy for the deaf or the 36.26 Minnesota state academy for the blind allocates revenue among 36.27 school districts that assign a child who requires an 36.28 instructional aide, for purposes of the districts making a levy 36.29 under this subdivision, the academy shall provide information to 36.30 the department of children, families, and learning on the amount 36.31 of revenue it allocated to the school districts that assign a 36.32 child who requires an instructional aide. 36.33 Sec. 59. Minnesota Statutes 1996, section 124.322, 36.34 subdivision 1a, is amended to read: 36.35 Subd. 1a. [BASE REVENUE ADJUSTMENT.] For the third fiscal 36.36 year after approval of a district's application, and thereafter, 37.1 the special education base revenue under section 124.3201, 37.2 subdivision 1, and the summer program base revenue under section37.3 124.3202, subdivision 1,shall be computed based on activities 37.4 defined as reimbursable under state board rules for special 37.5 education and nonspecial education students, and additional 37.6 activities as detailed and approved by the commissioner of 37.7 children, families, and learning. 37.8 Sec. 60. Minnesota Statutes 1996, section 124.322, 37.9 subdivision 5, is amended to read: 37.10 Subd. 5. [USE OF REVENUE.] Revenue under sectionssection 37.11 124.3201 and 124.3202shall be used to implement the approved 37.12 program. 37.13 Sec. 61. Minnesota Statutes 1996, section 124.323, 37.14 subdivision 1, is amended to read: 37.15 Subdivision 1. [DEFINITIONS.] In this section, the 37.16 definitions in this subdivision apply. 37.17 (a) "Unreimbursed special education cost" means the sum of 37.18 the following: 37.19 (1) expenditures for teachers' salaries, contracted 37.20 services, supplies, and equipment eligible for revenue under 37.21 sectionssection 124.3201 and 124.3202; plus 37.22 (2) expenditures for tuition bills received under section 37.23 120.17 for services eligible for revenue under sections 37.24 124.3201, subdivision 2, and 124.3202, subdivision 1; minus 37.25 (3) revenue for teachers' salaries, contracted services, 37.26 supplies, and equipment under sections 124.3201 and 124.3202; 37.27 minus 37.28 (4) tuition receipts under section 120.17 for services 37.29 eligible for revenue under sections 124.3201, subdivision 2, and 37.30 124.3202, subdivision 1. 37.31 (b) "General revenue," for fiscal year 1996, means the sum 37.32 of the general education revenue according to section 124A.22, 37.33 subdivision 1, as adjusted according to section 124A.036, 37.34 subdivision 5, plus the total referendum revenue according to 37.35 section 124A.03, subdivision 1e. For fiscal years 1997 and 37.36 later, "general revenue" means the sum of the general education 38.1 revenue according to section 124A.22, subdivision 1, as adjusted 38.2 according to section 124A.036, subdivision 5, plus the total 38.3 referendum revenue minus transportation sparsity revenue minus 38.4 total operating capital revenue. 38.5 Sec. 62. Minnesota Statutes 1996, section 124.574, 38.6 subdivision 7, is amended to read: 38.7 Subd. 7. A district shall not receive aid pursuant to 38.8 section 124.3201, 124.3202,124.321, or 124.573 for salaries, 38.9 supplies, travel or equipment for which the district receives 38.10 aid pursuant to this section. 38.11 Sec. 63. Minnesota Statutes 1996, section 124.91, 38.12 subdivision 1, is amended to read: 38.13 Subdivision 1. [TO LEASE BUILDING OR LAND.] When a 38.14 district finds it economically advantageous to rent or lease a 38.15 building or land for any instructional purposes or for school 38.16 storage or furniture repair, and it determines that the capital 38.17 expenditure facilities revenues authorized under sections38.18 124.243 andsection 124A.22, subdivision 10, are insufficient 38.19 for this purpose, it may apply to the commissioner for 38.20 permission to make an additional capital expenditure levy for 38.21 this purpose. An application for permission to levy under this 38.22 subdivision must contain financial justification for the 38.23 proposed levy, the terms and conditions of the proposed lease, 38.24 and a description of the space to be leased and its proposed 38.25 use. The criteria for approval of applications to levy under 38.26 this subdivision must include: the reasonableness of the price, 38.27 the appropriateness of the space to the proposed activity, the 38.28 feasibility of transporting pupils to the leased building or 38.29 land, conformity of the lease to the laws and rules of the state 38.30 of Minnesota, and the appropriateness of the proposed lease to 38.31 the space needs and the financial condition of the district. 38.32 The commissioner must not authorize a levy under this 38.33 subdivision in an amount greater than the cost to the district 38.34 of renting or leasing a building or land for approved purposes. 38.35 The proceeds of this levy must not be used for custodial or 38.36 other maintenance services. A district may not levy under this 39.1 subdivision for the purpose of leasing or renting a 39.2 district-owned building to itself. 39.3 Sec. 64. Minnesota Statutes 1996, section 124.918, 39.4 subdivision 8, is amended to read: 39.5 Subd. 8. [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1) 39.6 Reductions in levies pursuant to section 124.918, subdivision 1, 39.7 and section 273.138, shall be made prior to the reductions in 39.8 clause (2). 39.9 (2) Notwithstanding any other law to the contrary, 39.10 districts which received payments pursuant to sections 298.018; 39.11 298.23 to 298.28, except an amount distributed under section 39.12 298.28, subdivision 4, paragraph (c), clause (ii); 298.34 to 39.13 298.39; 298.391 to 298.396; 298.405; and any law imposing a tax 39.14 upon severed mineral values, or recognized revenue pursuant to 39.15 section 477A.15; shall not include a portion of these aids in 39.16 their permissible levies pursuant to those sections, but instead 39.17 shall reduce the permissible levies authorized by this chapter 39.18 and chapter 124A by the greater of the following: 39.19 (a) an amount equal to 50 percent of the total dollar 39.20 amount of the payments received pursuant to those sections or 39.21 revenue recognized pursuant to section 477A.15 in the previous 39.22 fiscal year; or 39.23 (b) an amount equal to the total dollar amount of the 39.24 payments received pursuant to those sections or revenue 39.25 recognized pursuant to section 477A.15 in the previous fiscal 39.26 year less the product of the same dollar amount of payments or 39.27 revenue times the ratio of the maximum levy allowed the district 39.28 under Minnesota Statutes 1986, sections 124A.03, subdivision 2, 39.29 124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10, 39.30 subdivision 3a, 124A.12, subdivision 3a, and 124A.14, 39.31 subdivision 5a, to the total levy allowed the district under 39.32 this section and Minnesota Statutes 1986, sections 124A.03, 39.33 124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10, 39.34 subdivision 3a, 124A.12, subdivision 3a, 124A.14, subdivision 39.35 5a, and 124A.20, subdivision 2, for levies certified in 1986. 39.36 (3) No reduction pursuant to this subdivision shall reduce 40.1 the levy made by the district pursuant to section 124A.23, to an 40.2 amount less than the amount raised by a levy of a net tax rate 40.3 of 6.82 percent times the adjusted net tax capacity for taxes 40.4 payable in 1990 and thereafter of that district for the 40.5 preceding year as determined by the commissioner. The amount of 40.6 any increased levy authorized by referendum pursuant to section 40.7 124A.03, subdivision 2, shall not be reduced pursuant to this 40.8 subdivision. The amount of any levy authorized by section 40.9 124.912, subdivision 1, to make payments for bonds issued and 40.10 for interest thereon, shall not be reduced pursuant to this 40.11 subdivision. 40.12 (4) Before computing the reduction pursuant to this 40.13 subdivision of the capital expenditure facilities levy40.14 authorized by section 124.243, the capital expenditure equipment40.15 levy authorized by section 124.244,the health and safety levy 40.16 authorized by sections 124.83 and 124.91, subdivision 6, the 40.17 commissioner shall ascertain from each affected school district 40.18 the amount it proposes to levy under each section or 40.19 subdivision. The reduction shall be computed on the basis of 40.20 the amount so ascertained. 40.21 (5) Notwithstanding any law to the contrary, any amounts 40.22 received by districts in any fiscal year pursuant to sections 40.23 298.018; 298.23 to 298.28; 298.34 to 298.39; 298.391 to 298.396; 40.24 298.405; or any law imposing a tax on severed mineral values; 40.25 and not deducted from general education aid pursuant to section 40.26 124A.035, subdivision 5, clause (2), and not applied to reduce 40.27 levies pursuant to this subdivision shall be paid by the 40.28 district to the St. Louis county auditor in the following amount 40.29 by March 15 of each year, the amount required to be subtracted 40.30 from the previous fiscal year's general education aid pursuant 40.31 to section 124A.035, subdivision 5, which is in excess of the 40.32 general education aid earned for that fiscal year. The county 40.33 auditor shall deposit any amounts received pursuant to this 40.34 clause in the St. Louis county treasury for purposes of paying 40.35 the taconite homestead credit as provided in section 273.135. 40.36 Sec. 65. Minnesota Statutes 1996, section 124A.036, 41.1 subdivision 5, is amended to read: 41.2 Subd. 5. [ALTERNATIVE ATTENDANCE PROGRAMS.] The general 41.3 education aid for districts must be adjusted for each pupil 41.4 attending a nonresident district under sections 120.062, 41.5 120.075, 120.0751, 120.0752, 124C.45 to 124C.48, and 126.22. 41.6 The adjustments must be made according to this subdivision. 41.7 (a) General education aid paid to a resident district must 41.8 be reduced by an amount equal to the general education revenue 41.9 exclusive of compensatory revenue attributable to the pupil in 41.10 the resident district. 41.11 (b) General education aid paid to a district serving a 41.12 pupil in programs listed in this subdivision shall be increased 41.13 by an amount equal to the general education revenue exclusive of 41.14 compensatory revenue attributable to the pupil in the 41.15 nonresident district. 41.16 (c) If the amount of the reduction to be made from the 41.17 general education aid of the resident district is greater than 41.18 the amount of general education aid otherwise due the district, 41.19 the excess reduction must be made from other state aids due the 41.20 district. 41.21 (d) The district of residence shall pay tuition to a 41.22 district or an area learning center, operated according to 41.23 paragraph (e), providing special instruction and services to a 41.24 pupil with a disability, as defined in section 120.03, or a 41.25 pupil, as defined in section 120.181, who is enrolled in a 41.26 program listed in this subdivision. The tuition shall be equal 41.27 to (1) the actual cost of providing special instruction and 41.28 services to the pupil, including a proportionate amount for debt 41.29 service and for capital expenditure facilities and equipment, 41.30 and debt service but not including any amount for 41.31 transportation, minus (2) the amount of general education aid ,41.32 the amount of capital expenditure facilities aid and capital41.33 expenditure equipment aid received under section 124.245,41.34 subdivision 6,and special education aid, attributable to that 41.35 pupil, that is received by the district providing special 41.36 instruction and services. 42.1 (e) An area learning center operated by a service 42.2 cooperative, intermediate district, education district, or a 42.3 joint powers cooperative may elect through the action of the 42.4 constituent boards to charge tuition for pupils rather than to 42.5 calculate general education aid adjustments under paragraph (a), 42.6 (b), or (c). The tuition must be equal to the greater of the 42.7 average general education revenue per pupil unit attributable to 42.8 the pupil, or the actual cost of providing the instruction, 42.9 excluding transportation costs, if the pupil meets the 42.10 requirements of section 120.03 or 120.181. 42.11 Sec. 66. Minnesota Statutes 1996, section 124A.225, 42.12 subdivision 2, is amended to read: 42.13 Subd. 2. [INSTRUCTOR DEFINED.] Primary instructor means a 42.14 public employee licensed by the board of teaching whose duties 42.15 are full-time instruction, excluding a teacher for whom 42.16 categorical aids are received pursuant to sections 124.3201 ,42.17 124.3202,and 124.321. Except as provided in section 125.230, 42.18 subdivision 6, instructor does not include supervisory and 42.19 support personnel, except school social workers as defined in 42.20 section 125.03. An instructor whose duties are less than 42.21 full-time instruction must be included as an equivalent only for 42.22 the number of hours of instruction in grades kindergarten 42.23 through 6. 42.24 Sec. 67. Minnesota Statutes 1996, section 124A.26, 42.25 subdivision 1, is amended to read: 42.26 Subdivision 1. [REVENUE REDUCTION.] A district's general 42.27 education revenue for a school year shall be reduced if the 42.28 estimated net unappropriated operating fund balance as of June 42.29 30 in the prior school year exceeds 25 percent of the formula 42.30 allowance for the current fiscal year times the fund balance 42.31 pupil units in the prior year. For purposes of this subdivision 42.32 and section 124.243, subdivision 2, fund balance pupil units 42.33 means the number of resident pupil units in average daily 42.34 membership, including shared time pupils, according to section 42.35 124A.02, subdivision 20, plus 42.36 (1) pupils attending the district for which general 43.1 education aid adjustments are made according to section 43.2 124A.036, subdivision 5; minus 43.3 (2) the sum of the resident pupils attending other 43.4 districts for which general education aid adjustments are made 43.5 according to section 124A.036, subdivision 5, plus pupils for 43.6 whom payment is made according to section 126.22, subdivision 8, 43.7 or 126.23. The amount of the reduction shall equal the lesser 43.8 of: 43.9 (1) the amount of the excess, or 43.10 (2) $250 times the actual pupil units for the school year. 43.11 The final adjustment payments made under section 124.195, 43.12 subdivision 6, must be adjusted to reflect actual net operating 43.13 fund balances as of June 30 of the prior school year. 43.14 Sec. 68. Minnesota Statutes 1996, section 124C.60, 43.15 subdivision 1, is amended to read: 43.16 Subdivision 1. [ELIGIBILITY.] Two or more districts that 43.17 have consolidated under section 122.23 or combined under 43.18 sections 122.241 to 122.248, are eligible for a capital 43.19 facilities grant of up to $200,000 for fiscal year 1995 and 43.20 $100,000 thereafter under this section. To qualify the 43.21 following criteria must be met: 43.22 (1) the proposed facility changes are part of the plan 43.23 according to section 122.242, subdivision 10 , or the plan43.24 adopted by the reorganized district according to section43.25 124.243, subdivision 1; 43.26 (2) the changes proposed to a facility must be needed to 43.27 accommodate changes in the educational program due to the 43.28 reorganization; 43.29 (3) the utilization of the facility for educational 43.30 programs is at least 85 percent of capacity; and 43.31 (4) the grant will be used only to remodel or improve 43.32 existing facilities. 43.33 Sec. 69. Minnesota Statutes 1996, section 124C.60, 43.34 subdivision 3, is amended to read: 43.35 Subd. 3. [USE OF GRANT MONEY.] The grant money may be used 43.36 for any capital expenditures specified in section 124.24344.1 124A.22, subdivision 611, clauses (4), (6), (7), (8), (9), and 44.2 (10). 44.3 Sec. 70. Minnesota Statutes 1996, section 126.22, 44.4 subdivision 7, is amended to read: 44.5 Subd. 7. [AID ADJUSTMENTS.] General education aid , capital44.6 expenditure aid,and transportation aid attributable to a pupil 44.7 covered by programs under this section must be paid according to 44.8 sections 124A.036, subdivision 5, 124.245, subdivision 6,and 44.9 124.225, subdivision 8l, respectively. 44.10 Sec. 71. Minnesota Statutes 1996, section 126.51, 44.11 subdivision 1, is amended to read: 44.12 Subdivision 1. [PARENT COMMITTEE.] School boards and 44.13 American Indian schools shall provide for the maximum 44.14 involvement of parents of children enrolled in education 44.15 programs, including language and culture education programs, 44.16 programs for elementary and secondary grades, special education 44.17 programs, and support services. Accordingly, the school board 44.18 of a school district in which there are ten or more American 44.19 Indian children enrolled and each American Indian school shall 44.20 establish a parent committee. If a committee whose membership 44.21 consists of a majority of parents of American Indian children 44.22 has been or is established according to federal, tribal, or 44.23 other state law, that committee may serve as the committee 44.24 required by this section and shall be subject to, at least, the 44.25 requirements of this subdivision and subdivision 1a. 44.26 The parent committee shall develop its recommendations in 44.27 consultation with the curriculum advisory committee required by 44.28 section 126.666123.972, subdivision 23. This committee shall 44.29 afford parents the necessary information and the opportunity 44.30 effectively to express their views concerning all aspects of 44.31 American Indian education and the educational needs of the 44.32 American Indian children enrolled in the school or program. The 44.33 committee shall also address the need for adult education 44.34 programs for American Indian people in the community. The 44.35 school board or American Indian school shall ensure that 44.36 programs are planned, operated, and evaluated with the 45.1 involvement of and in consultation with parents of children 45.2 served by the programs. 45.3 Sec. 72. Minnesota Statutes 1996, section 126.72, 45.4 subdivision 2, is amended to read: 45.5 Subd. 2. [PURPOSE.] The school board shall determine the 45.6 needs of its classroom teachers and the need for changes in its 45.7 curriculum. In determining these needs, the school board shall 45.8 obtain recommendations from classroom teachers, staff 45.9 responsible for curriculum, and the curriculum advisory 45.10 committee. It shall consider assessment results, other test 45.11 results, the need for mentor teachers, and the district 45.12 improvement plan portion of the report adopted according to 45.13 section 126.666123.972, subdivision 45. Contracts executed 45.14 under this section shall relate directly to the identified needs. 45.15 Sec. 73. [REVISOR'S INSTRUCTION; SECTIONS 136A.172 to 45.16 136A.178.] 45.17 The revisor shall change the citation from section 136A.179 45.18 to section 136A.178 in the following sections of Minnesota 45.19 Statutes: 136A.172; 136A.173; 136A.174; 136A.175; 136A.176; 45.20 136A.177; and 136A.178. 45.21 Sec. 74. Minnesota Statutes 1996, section 136D.94, is 45.22 amended to read: 45.23 136D.94 [REFUNDING BONDS.] 45.24 Sections 136D.281, subdivision 8, 136D.741, subdivision 8, 45.25 and 136D.87136D.88, subdivision 8, do not apply to bonds issued 45.26 solely for refunding purposes. 45.27 Sec. 75. [REPEALER; SECTION 144A.61, SUBDIVISION 6 NOTE.] 45.28 Laws 1989, chapter 282, article 3, section 28, is repealed. 45.29 Sec. 76. Minnesota Statutes 1996, section 147A.13, 45.30 subdivision 1, is amended to read: 45.31 Subdivision 1. [GROUNDS LISTED.] The board may refuse to 45.32 grant registration or may impose disciplinary action as 45.33 described in this subdivision against any physician assistant. 45.34 The following conduct is prohibited and is grounds for 45.35 disciplinary action: 45.36 (1) failure to demonstrate the qualifications or satisfy 46.1 the requirements for registration contained in this chapter or 46.2 rules of the board. The burden of proof shall be upon the 46.3 applicant to demonstrate such qualifications or satisfaction of 46.4 such requirements; 46.5 (2) obtaining registration by fraud or cheating, or 46.6 attempting to subvert the examination process. Conduct which 46.7 subverts or attempts to subvert the examination process 46.8 includes, but is not limited to: 46.9 (i) conduct which violates the security of the examination 46.10 materials, such as removing examination materials from the 46.11 examination room or having unauthorized possession of any 46.12 portion of a future, current, or previously administered 46.13 licensing examination; 46.14 (ii) conduct which violates the standard of test 46.15 administration, such as communicating with another examinee 46.16 during administration of the examination, copying another 46.17 examinee's answers, permitting another examinee to copy one's 46.18 answers, or possessing unauthorized materials; and 46.19 (iii) impersonating an examinee or permitting an 46.20 impersonator to take the examination on one's own behalf; 46.21 (3) conviction, during the previous five years, of a felony 46.22 reasonably related to the practice of physician assistant. 46.23 Conviction as used in this subdivision includes a conviction of 46.24 an offense which if committed in this state would be deemed a 46.25 felony without regard to its designation elsewhere, or a 46.26 criminal proceeding where a finding or verdict of guilt is made 46.27 or returned but the adjudication of guilt is either withheld or 46.28 not entered; 46.29 (4) revocation, suspension, restriction, limitation, or 46.30 other disciplinary action against the person's physician 46.31 assistant credentials in another state or jurisdiction, failure 46.32 to report to the board that charges regarding the person's 46.33 credentials have been brought in another state or jurisdiction, 46.34 or having been refused registration by any other state or 46.35 jurisdiction; 46.36 (5) advertising which is false or misleading, violates any 47.1 rule of the board, or claims without substantiation the positive 47.2 cure of any disease or professional superiority to or greater 47.3 skill than that possessed by another physician assistant; 47.4 (6) violating a rule adopted by the board or an order of 47.5 the board, a state, or federal law which relates to the practice 47.6 of a physician assistant, or in part regulates the practice of a 47.7 physician assistant, including without limitation sections 47.8 148A.02, 609.344, and 609.345, or a state or federal narcotics 47.9 or controlled substance law; 47.10 (7) engaging in any unethical conduct; conduct likely to 47.11 deceive, defraud, or harm the public, or demonstrating a willful 47.12 or careless disregard for the health, welfare, or safety of a 47.13 patient; or practice which is professionally incompetent, in 47.14 that it may create unnecessary danger to any patient's life, 47.15 health, or safety, in any of which cases, proof of actual injury 47.16 need not be established; 47.17 (8) failure to adhere to the provisions of the 47.18 physician-physician assistant agreement; 47.19 (9) engaging in the practice of medicine beyond that 47.20 allowed by the physician-physician assistant agreement, 47.21 including the delegation form or the addendum to the delegation 47.22 form, or aiding or abetting an unlicensed person in the practice 47.23 of medicine; 47.24 (10) adjudication as mentally incompetent, mentally ill or 47.25 mentally retarded, or as a chemically dependent person, a person 47.26 dangerous to the public, a sexually dangerous person, or a 47.27 person who has a sexual psychopathic personality by a court of 47.28 competent jurisdiction, within or without this state. Such 47.29 adjudication shall automatically suspend a registration for its 47.30 duration unless the board orders otherwise; 47.31 (11) engaging in unprofessional conduct. Unprofessional 47.32 conduct includes any departure from or the failure to conform to 47.33 the minimal standards of acceptable and prevailing practice in 47.34 which proceeding actual injury to a patient need not be 47.35 established; 47.36 (12) inability to practice with reasonable skill and safety 48.1 to patients by reason of illness, drunkenness, use of drugs, 48.2 narcotics, chemicals, or any other type of material, or as a 48.3 result of any mental or physical condition, including 48.4 deterioration through the aging process or loss of motor skills; 48.5 (13) revealing a privileged communication from or relating 48.6 to a patient except when otherwise required or permitted by law; 48.7 (14) any use of the title "Physician," "Doctor," or "Dr."; 48.8 (15) improper management of medical records, including 48.9 failure to maintain adequate medical records, to comply with a 48.10 patient's request made pursuant to section 144.335, or to 48.11 furnish a medical record or report required by law; 48.12 (16) engaging in abusive or fraudulent billing practices, 48.13 including violations of the federal Medicare and Medicaid laws 48.14 or state medical assistance laws; 48.15 (17) becoming addicted or habituated to a drug or 48.16 intoxicant; 48.17 (18) prescribing a drug or device for other than medically 48.18 accepted therapeutic, experimental, or investigative purposes 48.19 authorized by a state or federal agency or referring a patient 48.20 to any health care provider as defined in section 144.335 for 48.21 services or tests not medically indicated at the time of 48.22 referral; 48.23 (19) engaging in conduct with a patient which is sexual or 48.24 may reasonably be interpreted by the patient as sexual, or in 48.25 any verbal behavior which is seductive or sexually demeaning to 48.26 a patient; 48.27 (20) failure to make reports as required by section 609.21548.28 147A.14 or to cooperate with an investigation of the board as 48.29 required by section 609.215147A.15, subdivision 3; 48.30 (21) knowingly providing false or misleading information 48.31 that is directly related to the care of that patient unless done 48.32 for an accepted therapeutic purpose such as the administration 48.33 of a placebo; 48.34 (22) aiding suicide or aiding attempted suicide in 48.35 violation of section 609.215 as established by any of the 48.36 following: 49.1 (i) a copy of the record of criminal conviction or plea of 49.2 guilty for a felony in violation of section 609.215, subdivision 49.3 1 or 2; 49.4 (ii) a copy of the record of a judgment of contempt of 49.5 court for violating an injunction issued under section 609.215, 49.6 subdivision 4; 49.7 (iii) a copy of the record of a judgment assessing damages 49.8 under section 609.215, subdivision 5; or 49.9 (iv) a finding by the board that the person violated 49.10 section 609.215, subdivision 1 or 2. The board shall 49.11 investigate any complaint of a violation of section 609.215, 49.12 subdivision 1 or 2; or 49.13 (23) failure to maintain annually reviewed and updated 49.14 physician-physician assistant agreements, internal protocols, or 49.15 prescribing delegation forms for each physician-physician 49.16 assistant practice relationship, or failure to provide copies of 49.17 such documents upon request by the board. 49.18 Sec. 77. Minnesota Statutes 1996, section 148.235, 49.19 subdivision 4, is amended to read: 49.20 Subd. 4. [CLINICAL NURSE SPECIALISTS IN PSYCHIATRIC AND 49.21 MENTAL HEALTH NURSING.] A registered nurse who (1) has a masters 49.22 degree, (2) is certified through a national professional nursing 49.23 organization which certifies clinical specialists in psychiatric 49.24 and mental health nursing and is included in the list of 49.25 professional nursing organizations adopted by the board under 49.26 section 62A.15, subdivision 3a, (3) has successfully completed 49.27 no less than 30 hours of formal study in the prescribing of 49.28 psychotropic medications and medications to treat their side 49.29 effects which included instruction in health assessment, 49.30 psychotropic classifications, psychopharmacology, indications, 49.31 dosages, contraindications, side effects, and evidence of 49.32 application, and (4) has a verbal agreement ora written 49.33 agreement with a psychiatrist based on standards established by 49.34 the Minnesota Nurses Association and the Minnesota Psychiatric 49.35 Association that specifies and defines the delegated 49.36 responsibilities related to the prescription of drugs in 50.1 relationship to the diagnosis, may prescribe and administer 50.2 drugs used to treat psychiatric and behavioral disorders and the 50.3 side effects of those drugs within the scope of the written 50.4 agreement and within practice as a clinical specialist in 50.5 psychiatric and mental health nursing. The written agreement 50.6 required under this subdivision shall be based on standards 50.7 established by the Minnesota Nurses Association and the 50.8 Minnesota medicalPsychiatric Association as of January 1, 1996, 50.9 unless both associations agree to revisions. The written 50.10 agreement shall be maintained at the certified clinical nurse 50.11 specialist's place of employment and does not need to be filed 50.12 with the board of nursing. 50.13 Nothing in this subdivision removes or limits the legal 50.14 professional liability of the treating psychiatrist, clinical 50.15 nurse specialist, mental health clinic or hospital for the 50.16 prescription and administration of drugs by a clinical 50.17 specialist in accordance with this subdivision. 50.18 Sec. 78. Minnesota Statutes 1996, section 168.129, 50.19 subdivision 1, is amended to read: 50.20 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The 50.21 commissioner of public safety shall issue special collegiate 50.22 license plates to an applicant who: 50.23 (1) is an owner or joint owner of a passenger automobile, 50.24 pickup truck, or van; 50.25 (2) pays a fee determined by the commissioner to cover the 50.26 costs of handling and manufacturing the plates; 50.27 (3) pays the registration tax required under section 168.1250.28 168.013; 50.29 (4) pays the fees required under this chapter; 50.30 (5) contributes at least $25 annually to the scholarship 50.31 account established in subdivision 6; and 50.32 (6) complies with laws and rules governing registration and 50.33 licensing of vehicles and drivers. 50.34 Sec. 79. Minnesota Statutes 1996, section 169.145, is 50.35 amended to read: 50.36 169.145 [IMPLEMENTS OF HUSBANDRY; SPEED; BRAKES.] 51.1 No person may: 51.2 (1) drive or tow an implement of husbandry that exceeds 51.3 6,000 pounds registered gross weight or gross vehicle weight and 51.4 is not equipped with brakes; or 51.5 (2) tow a vehicle registered as a farm trailer that exceeds 51.6 6,000 pounds registered gross weight or gross vehicle weight and 51.7 is not equipped with brakes and exceeding 6,000 pounds, at a 51.8 speed in excess of 25 miles per hour. 51.9 Sec. 80. Minnesota Statutes 1996, section 176.081, 51.10 subdivision 1, is amended to read: 51.11 Subdivision 1. [LIMITATION OF FEES.] (a) A fee for legal 51.12 services of 25 percent of the first $4,000 of compensation 51.13 awarded to the employee and 20 percent of the next $60,000 of 51.14 compensation awarded to the employee is the maximum permissible 51.15 fee and does not require approval by the commissioner, 51.16 compensation judge, or any other party. All fees, including 51.17 fees for obtaining medical or rehabilitation benefits, must be 51.18 calculated according to the formula under this subdivision, 51.19 except as otherwise provided in clause (1) or (2). 51.20 (1) The contingent attorney fee for recovery of monetary 51.21 benefits according to the formula in this section is presumed to 51.22 be adequate to cover recovery of medical and rehabilitation 51.23 benefit or services concurrently in dispute. Attorney fees for 51.24 recovery of medical or rehabilitation benefits or services shall 51.25 be assessed against the employer or insurer only if the attorney 51.26 establishes that the contingent fee is inadequate to reasonably 51.27 compensate the attorney for representing the employee in the 51.28 medical or rehabilitation dispute. In cases where the 51.29 contingent fee is inadequate the employer or insurer is liable 51.30 for attorney fees based on the formula in this subdivision or in 51.31 clause (2). 51.32 For the purposes of applying the formula where the employer 51.33 or insurer is liable for attorney fees, the amount of 51.34 compensation awarded for obtaining disputed medical and 51.35 rehabilitation benefits under sections 176.102, 176.135, and 51.36 176.136 shall be the dollar value of the medical or 52.1 rehabilitation benefit awarded, where ascertainable. 52.2 (2) The maximum attorney fee for obtaining a change of 52.3 doctor or qualified rehabilitation consultant, or any other 52.4 disputed medical or rehabilitation benefit for which a dollar 52.5 value is not reasonably ascertainable, is the amount charged in 52.6 hourly fees for the representation or $500, whichever is less, 52.7 to be paid by the employer or insurer. 52.8 (3) The fees for obtaining disputed medical or 52.9 rehabilitation benefits are included in the $13,000 limit in 52.10 paragraph (b). An attorney must concurrently file all 52.11 outstanding disputed issues. An attorney is not entitled to 52.12 attorney fees for representation in any issue which could 52.13 reasonably have been addressed during the pendency of other 52.14 issues for the same injury. 52.15 (b) All fees for legal services related to the same injury 52.16 are cumulative and may not exceed $13,000. If multiple injuries 52.17 are the subject of a dispute, the commissioner, compensation 52.18 judge, or court of appeals shall specify the attorney fee 52.19 attributable to each injury. 52.20 (c) If the employer or the insurer or the defendant is 52.21 given written notice of claims for legal services or 52.22 disbursements, the claim shall be a lien against the amount paid 52.23 or payable as compensation. Subject to the foregoing maximum 52.24 amount for attorney fees, up to 25 percent of the first $4,000 52.25 of periodic compensation awarded to the employee and 20 percent 52.26 of the next $60,000 of periodic compensation awarded to the 52.27 employee may be withheld from the periodic payments for attorney 52.28 fees or disbursements if the payor of the funds clearly 52.29 indicates on the check or draft issued to the employee for 52.30 payment the purpose of the withholding, the name of the 52.31 attorney, the amount withheld, and the gross amount of the 52.32 compensation payment before withholding. In no case shall fees 52.33 be calculated on the basis of any undisputed portion of 52.34 compensation awards. Allowable fees under this chapter shall be 52.35 based solely upon genuinely disputed claims or portions of 52.36 claims, including disputes related to the payment of 53.1 rehabilitation benefits or to other aspects of a rehabilitation 53.2 plan. The existence of a dispute is dependent upon a 53.3 disagreement after the employer or insurer has had adequate time 53.4 and information to take a position on liability. Neither the 53.5 holding of a hearing nor the filing of an application for a 53.6 hearing alone may determine the existence of a dispute. Except 53.7 where the employee is represented by an attorney in other 53.8 litigation pending at the department or at the office of 53.9 administrative hearings, a fee may not be charged after June 1, 53.10 1996, for services with respect to a medical or rehabilitation 53.11 issue arising under section 176.102, 176.135, or 176.136 53.12 performed before the employee has consulted with the department 53.13 and the department certifies that there is a dispute and that it 53.14 has tried to resolve the dispute. 53.15 (d) An attorney who is claiming legal fees for representing 53.16 an employee in a workers' compensation matter shall file a 53.17 statement of attorney fees with the commissioner, compensation 53.18 judge before whom the matter was heard, or workers' compensation 53.19 court of appeals on cases before the court. A copy of the 53.20 signed retainer agreement shall also be filed. The employee and 53.21 insurer shall receive a copy of the statement. The statement 53.22 shall be on a form prescribed by the commissioner and shall 53.23 report the number of hours spent on the case. 53.24 (e) Employers and insurers may not pay attorney fees or 53.25 wages for legal services of more than $13,000 per case unless53.26 the additional fees or wages are approved under subdivision 2. 53.27 (f) Each insurer and self-insured employer shall file 53.28 annual statements with the commissioner detailing the total 53.29 amount of legal fees and other legal costs incurred by the 53.30 insurer or employer during the year. The statement shall 53.31 include the amount paid for outside and in-house counsel, 53.32 deposition and other witness fees, and all other costs relating 53.33 to litigation. 53.34 Sec. 81. Minnesota Statutes 1996, section 179A.03, 53.35 subdivision 7, is amended to read: 53.36 Subd. 7. [ESSENTIAL EMPLOYEE.] "Essential employee" means 54.1 firefighters, peace officers subject to licensure under sections 54.2 626.84 to 626.855626.863, guards at correctional facilities, 54.3 confidential employees, supervisory employees, assistant county 54.4 attorneys, principals, and assistant principals. However, for 54.5 state employees, "essential employee" means all employees in law 54.6 enforcement, health care professionals, correctional guards, 54.7 professional engineering, and supervisory collective bargaining 54.8 units, irrespective of severance, and no other employees. For 54.9 University of Minnesota employees, "essential employee" means 54.10 all employees in law enforcement, nursing professional and 54.11 supervisory units, irrespective of severance, and no other 54.12 employees. "Firefighters" means salaried employees of a fire 54.13 department whose duties include, directly or indirectly, 54.14 controlling, extinguishing, preventing, detecting, or 54.15 investigating fires. 54.16 Sec. 82. Minnesota Statutes 1996, section 179A.03, 54.17 subdivision 14, is amended to read: 54.18 Subd. 14. [PUBLIC EMPLOYEE.] "Public employee" or 54.19 "employee" means any person appointed or employed by a public 54.20 employer except: 54.21 (a) elected public officials; 54.22 (b) election officers; 54.23 (c) commissioned or enlisted personnel of the Minnesota 54.24 national guard; 54.25 (d) emergency employees who are employed for emergency work 54.26 caused by natural disaster; 54.27 (e) part-time employees whose service does not exceed the 54.28 lesser of 14 hours per week or 35 percent of the normal work 54.29 week in the employee's appropriate unit; 54.30 (f) employees whose positions are basically temporary or 54.31 seasonal in character and: (1) are not for more than 67 working 54.32 days in any calendar year; or (2) are not for more than 100 54.33 working days in any calendar year and the employees are under 54.34 the age of 22, are full-time students enrolled in a nonprofit or 54.35 public educational institution prior to being hired by the 54.36 employer, and have indicated, either in an application for 55.1 employment or by being enrolled at an educational institution 55.2 for the next academic year or term, an intention to continue as 55.3 students during or after their temporary employment; 55.4 (g) employees providing services for not more than two 55.5 consecutive quarters to the state university board or the 55.6 community college board under the terms of a professional or 55.7 technical services contract as defined in section 16B.17, 55.8 subdivision 1; 55.9 (h) employees of charitable hospitals as defined by section 55.10 179.35, subdivision 3; 55.11 (i) full-time undergraduate students employed by the school 55.12 which they attend under a work-study program or in connection 55.13 with the receipt of financial aid, irrespective of number of 55.14 hours of service per week; 55.15 (j) an individual who is employed for less than 300 hours 55.16 in a fiscal year as an instructor in an adult vocational 55.17 education program; 55.18 (k) an individual hired by a school district, the community 55.19 college board, or the state university board, to teach one 55.20 course for up to four credits for one quarter in a year. 55.21 The following individuals are public employees regardless 55.22 of the exclusions of clauses (e) and (f): 55.23 (1) An employee hired by a school district, the community 55.24 college board, or the state university board, except at the 55.25 university established in section 136F.017136F.13 or for 55.26 community services or community education instruction offered on 55.27 a noncredit basis: (i) to replace an absent teacher or faculty 55.28 member who is a public employee, where the replacement employee 55.29 is employed more than 30 working days as a replacement for that 55.30 teacher or faculty member; or (ii) to take a teaching position 55.31 created due to increased enrollment, curriculum expansion, 55.32 courses which are a part of the curriculum whether offered 55.33 annually or not, or other appropriate reasons; and 55.34 (2) An employee hired for a position under clause (f)(1) if 55.35 that same position has already been filled under clause (f)(1) 55.36 in the same calendar year and the cumulative number of days 56.1 worked in that same position by all employees exceeds 67 56.2 calendar days in that year. For the purpose of this paragraph, 56.3 "same position" includes a substantially equivalent position if 56.4 it is not the same position solely due to a change in the 56.5 classification or title of the position. 56.6 Sec. 83. Minnesota Statutes 1996, section 179A.06, 56.7 subdivision 2, is amended to read: 56.8 Subd. 2. [RIGHT TO ORGANIZE.] Public employees have the 56.9 right to form and join labor or employee organizations, and have 56.10 the right not to form and join such organizations. Public 56.11 employees in an appropriate unit have the right by secret ballot 56.12 to designate an exclusive representative to negotiate grievance 56.13 procedures and the terms and conditions of employment with their 56.14 employer. Confidential employees of the state and the 56.15 University of Minnesota are excluded from bargaining. Other 56.16 confidential employees, supervisory employees, principals, and 56.17 assistant principals may form their own organizations. An 56.18 employer shall extend exclusive recognition to a representative 56.19 of or an organization of supervisory or confidential employees, 56.20 or principals and assistant principals, for the purpose of 56.21 negotiating terms or conditions of employment, in accordance 56.22 with sections 179A.01 to 179A.25, applicable to essential 56.23 employees. 56.24 Supervisory or confidential employee organizations shall 56.25 not participate in any capacity in any negotiations which 56.26 involve units of employees other than supervisory or 56.27 confidential employees. Except for organizations which 56.28 represent supervisors who are: (1) firefighters, peace officers 56.29 subject to licensure under sections 626.84 to 626.855626.863, 56.30 guards at correctional facilities, or employees at hospitals 56.31 other than state hospitals; and (2) not state or University of 56.32 Minnesota employees, a supervisory or confidential employee 56.33 organization which is affiliated with another employee 56.34 organization which is the exclusive representative of 56.35 nonsupervisory or nonconfidential employees of the same public 56.36 employer shall not be certified, or act as, an exclusive 57.1 representative for the supervisory or confidential employees. 57.2 For the purpose of this subdivision, affiliation means either 57.3 direct or indirect and includes affiliation through a federation 57.4 or joint body of employee organizations. 57.5 Sec. 84. Minnesota Statutes 1996, section 179A.09, 57.6 subdivision 3, is amended to read: 57.7 Subd. 3. [DIVISION OF UNITS.] If a designated appropriate 57.8 unit contains both peace officers subject to licensure under 57.9 sections 626.84 to 626.855626.863 and essential employees who 57.10 are not peace officers, the commissioner, at the request of a 57.11 majority of either the peace officers or the other essential 57.12 employees within the unit, shall divide the unit into two 57.13 separate appropriate units, one for the peace officers and one 57.14 for the other essential employees. 57.15 Sec. 85. Minnesota Statutes 1996, section 181.14, is 57.16 amended to read: 57.17 181.14 [NOTICE TO BE GIVEN; SETTLEMENT OF DISPUTES.] 57.18 When any such employee, not having a contract for a 57.19 definite period of service, quits or resigns employment, the 57.20 wages or commissions earned and unpaid at the time the employee 57.21 quits or resigns shall become due and payable within five days 57.22 thereafter. Any employer failing or refusing to pay such wages 57.23 or commissions, after they become due, upon the demand of the 57.24 employee, shall be liable to the employee from the date of the 57.25 demand for an additional sum equal to the amount of the 57.26 employee's average daily earnings provided in the contract of 57.27 employment, for every day, not exceeding 15 days in all, until 57.28 such payment or other settlement satisfactory to the employee is 57.29 made. If any employee having such a contract gives not less 57.30 than five days' written notice to the employer of intention to 57.31 quit, the wages or commissions of the employee giving notice may 57.32 be demanded and shall become due 24 hours after the employee 57.33 quits or resigns, and the penalty herein provided shall apply 57.34 from the date of demand. If the employer disputes the amount of 57.35 wages or commissions claimed by the employee under the 57.36 provisions of this section or section 181.13, and the employer 58.1 makes a legal tender of the amount which the employer in good 58.2 faith claims to be due, the employer shall not be liable for any 58.3 sum greater than the amount so tendered and interest thereon at 58.4 the legal rate, unless, in an action brought in a court having 58.5 jurisdiction, the employee recovers a greater sum than the 58.6 amount so tendered with interest thereon; and if, in the suit, 58.7 the employee fails to recover a greater sum than that so 58.8 tendered, with interest, the employee shall pay the cost of the 58.9 suit, otherwise the cost shall be paid by the employer. In 58.10 cases where the discharged or quitting employee was, during 58.11 employment, entrusted with the collection, disbursement, or 58.12 handling of money or property, the employer shall have ten 58.13 secular days after the termination of the employment to audit 58.14 and adjust the accounts of the employee before the employee's 58.15 wages or commissions shall become due and payable, and the 58.16 penalty herein provided shall apply in such case only from the 58.17 date of demand made after the expiration of the period allowed 58.18 for audit and adjustment. If, upon such audit and adjustment of 58.19 the accounts of the employee, it is found that any money or 58.20 property entrusted to the employee by the employer has not been 58.21 properly accounted for or paid over to the employer, as provided 58.22 by the terms of the contract of employment, the employee shall 58.23 not be entitled to the benefit of sections 181.13 to 181.1758.24 181.171, but the claim for unpaid wages or commissions of such 58.25 employee, if any, shall be disposed of as provided by existing 58.26 law. Wages and commissions paid under this section shall be 58.27 paid at the usual place of payment unless the employee requests 58.28 that the wages and commissions be sent to the employee through 58.29 the mails. If, in accordance with a request by the employee, 58.30 the employee's wages and commissions are sent to the employee 58.31 through the mail, the wages and commissions shall be deemed to 58.32 have been paid as of the date of their postmark for the purposes 58.33 of this section. 58.34 Sec. 86. Minnesota Statutes 1996, section 181.15, is 58.35 amended to read: 58.36 181.15 [WHEN EMPLOYEE NOT ENTITLED TO BENEFITS.] 59.1 No such servant or employee who hides or stays away to 59.2 avoid receiving payment, or refuses to receive the same when 59.3 fully tendered, shall be entitled to any benefit under sections 59.4 181.13 to 181.17181.171 for such time as so avoiding payment; 59.5 provided, when any number of employees enter upon a strike the 59.6 wages due such striking employees at the time of entering upon 59.7 such strike shall not become due until the next regular pay day 59.8 after the commencement of such strike. 59.9 Sec. 87. Minnesota Statutes 1996, section 181.16, is 59.10 amended to read: 59.11 181.16 [CONSTRUCTION OF SECTIONS 181.13 TO 181.17181.171.] 59.12 Sections 181.13 to 181.17181.171 shall not be construed to 59.13 apply to any employer or an individual, copartnership, or 59.14 corporation that is bankrupt, or where a receiver or trustee is 59.15 acting under the direction of the court. Payment or tender by 59.16 check drawn on a bank situated in the county where a laborer is 59.17 employed shall be a sufficient payment or tender to comply with 59.18 the provisions of sections 181.13 to 181.17181.171. 59.19 Sec. 88. Minnesota Statutes 1996, section 183.57, 59.20 subdivision 2, is amended to read: 59.21 Subd. 2. Every boiler or pressure vessel as to which any 59.22 insurance company authorized to do business in this state has 59.23 issued a policy of insurance, after the inspection thereof, is 59.24 exempt from inspection made under sections 183.375 to 183.62, 59.25 while the same continues to be insured and the person, firm, or 59.26 corporation owning or operating the same has an unexpired 59.27 certificate of exemption from inspection, issued by the chief 59.28 boiler inspector. The fee set by the commissioner pursuant to 59.29 section 16A.12816A.1285, on the first object inspected and on 59.30 each object thereafter shall apply to each exempt object. A 59.31 certificate of exemption expires one year from date of issue. 59.32 The certificate of exemption shall be posted in a conspicuous 59.33 place near the boiler or pressure vessel or in the plant office 59.34 or boiler room described therein and to which it relates. Every 59.35 insurance company shall give written notice to the chief boiler 59.36 inspector of the cancellation or expiration of every policy of 60.1 insurance issued by it with reference to policies in this state, 60.2 and the cause or reason for the cancellation or expiration. 60.3 These notices of cancellation or expiration shall show the date 60.4 of the policy and the date when the cancellation has or will 60.5 become effective. 60.6 Sec. 89. Minnesota Statutes 1996, section 197.447, is 60.7 amended to read: 60.8 197.447 [VETERAN, DEFINED.] 60.9 The word "veteran" as used in Minnesota Statutes, except in 60.10 sections 136F.28, 196.21, 197.971,and 243.251, means a citizen 60.11 of the United States or a resident alien who has been separated 60.12 under honorable conditions from any branch of the armed forces 60.13 of the United States after having served on active duty for 181 60.14 consecutive days or by reason of disability incurred while 60.15 serving on active duty, or who has met the minimum active duty 60.16 requirement as defined by Code of Federal Regulations, title 38, 60.17 section 3.12a, or who has active military service certified 60.18 under section 401, Public Law Number 95-202. The active 60.19 military service must be certified by the United States 60.20 Secretary of Defense as active military service and a discharge 60.21 under honorable conditions must be issued by the Secretary. 60.22 Sec. 90. Minnesota Statutes 1996, section 214.01, 60.23 subdivision 2, is amended to read: 60.24 Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related 60.25 licensing board" means the board of examiners of nursing home 60.26 administrators established pursuant to section 144A.19, the 60.27 board of medical practice created pursuant to section 147.01, 60.28 the board of nursing created pursuant to section 148.181, the 60.29 board of chiropractic examiners established pursuant to section 60.30 148.02, the board of optometry established pursuant to section 60.31 148.52, the board of psychology established pursuant to section 60.32 148.90, the board of social work licensing boardpursuant to 60.33 section 148B.19, the board of marriage and family therapy 60.34 pursuant to section 148B.30, the office of mental health 60.35 practice established pursuant to section 148B.61, the chemical60.36 dependency counselingalcohol and drug counselors licensing 61.1 advisory council established pursuant to section 148C.02, the 61.2 board of dietetics and nutrition practice established under 61.3 section 148.622, the board of dentistry established pursuant to 61.4 section 150A.02, the board of pharmacy established pursuant to 61.5 section 151.02, the board of podiatric medicine established 61.6 pursuant to section 153.02, and the board of veterinary 61.7 medicine, established pursuant to section 156.01. 61.8 Sec. 91. [REPEALER; SECTION 216C.06, SUBDIVISIONS 10 AND 61.9 11.] 61.10 Minnesota Statutes 1996, section 216C.06, subdivisions 10 61.11 and 11, are repealed. 61.12 Sec. 92. Minnesota Statutes 1996, section 216C.35, is 61.13 amended to read: 61.14 216C.35 [PRIORITIES FOR FUNDING.] 61.15 All applications for funding shall be made to the 61.16 commissioner. Applications shall be accompanied by a report on 61.17 the energy using characteristics of the building and any other 61.18 information the commissioner may reasonably require. A school61.19 or local government may apply to the commissioner to receive61.20 reimbursement for up to the reasonable costs of mini-audits or61.21 maxi-audits performed pursuant to section 216C.23 or 216C.24. In61.22 the event that the applicant receives federal money pursuant to61.23 the National Energy Conservation Policy Act, Public Law Number61.24 95-619 that is intended to be used to pay part or all of the61.25 costs of a mini-audit or maxi-audit, the applicant shall receive61.26 state money, which, when combined with federal money received,61.27 equals the reasonable costs of the mini-audit or maxi-audit.61.28 Sec. 93. Minnesota Statutes 1996, section 244.17, 61.29 subdivision 2, is amended to read: 61.30 Subd. 2. [ELIGIBILITY.] The commissioner must limit the 61.31 challenge incarceration program to the following persons: 61.32 (1) offenders who are committed to the commissioner's 61.33 custody following revocation of a stayed sentence; and 61.34 (2) offenders who are committed to the commissioner's 61.35 custody, who have 36 months or less in or remaining in their 61.36 term of imprisonment, and who did not receive a dispositional 62.1 departure under the sentencing guidelines. 62.2 An eligible inmate is not entitled to participate in the program.62.3 Sec. 94. Minnesota Statutes 1996, section 245.462, 62.4 subdivision 16, is amended to read: 62.5 Subd. 16. [MENTAL HEALTH FUNDS.] "Mental health funds" are 62.6 funds expended under sections 245.73 and 256E.12, federal mental 62.7 health block grant funds, and funds expended under 62.8 sectionssection 256D.06 and 256D.37to facilities licensed 62.9 under Minnesota Rules, parts 9520.0500 to 9520.0690. 62.10 Sec. 95. Minnesota Statutes 1996, section 245.4881, 62.11 subdivision 2, is amended to read: 62.12 Subd. 2. [NOTIFICATION AND DETERMINATION OF CASE 62.13 MANAGEMENT ELIGIBILITY.] (a) The county board shall notify, as 62.14 appropriate, the child, child's parent, or child's legal 62.15 representative of the child's potential eligibility for case 62.16 management services within five working days after receiving a 62.17 request from an individual or a referral from a provider under 62.18 section 245.4876, subdivision 4. 62.19 (b) The county board shall send a notification written in 62.20 plain language of potential eligibility for case management and 62.21 family community support services. The notification shall 62.22 identify the designated case management providers and shall 62.23 contain: 62.24 (1) a brief description of case management and family 62.25 community support services; 62.26 (2) the potential benefits of these services; 62.27 (3) the identity and current phone number of the county 62.28 employee designated to coordinate case management activities; 62.29 (4) an explanation of how to obtain county assistance in 62.30 obtaining a diagnostic assessment, if needed; and 62.31 (5) an explanation of the appeal process. 62.32 The county board shall send the notice, as appropriate, to 62.33 the child, the child's parent, or the child's legal 62.34 representative, if any. 62.35 (c) The county board must promptly determine whether a 62.36 child who requests or is referred for case management services 63.1 meets the criteria of section 245.471 or245.4871, subdivision 63.2 6. If a diagnostic assessment is needed to make the 63.3 determination, the county board must offer to assist the child 63.4 and the child's family in obtaining one. The county board shall 63.5 notify, in writing, the child and the child's representative, if 63.6 any, of the eligibility determination. If the child is 63.7 determined to be eligible for case management services, and if 63.8 the child and the child's family consent to the services, the 63.9 county board shall refer the child to the case management 63.10 provider for case management services. If the child is 63.11 determined not to be eligible or refuses case management 63.12 services, the county board shall notify the child of the appeal 63.13 process and shall offer to refer the child to a mental health 63.14 provider or other appropriate service provider and to assist the 63.15 child in making an appointment with the provider of the child's 63.16 choice. 63.17 Sec. 96. Minnesota Statutes 1996, section 252.40, is 63.18 amended to read: 63.19 252.40 [SERVICE PRINCIPLES AND RATE-SETTING PROCEDURES FOR 63.20 DAY TRAINING AND HABILITATION SERVICES FOR ADULTS WITH MENTAL 63.21 RETARDATION AND RELATED CONDITIONS.] 63.22 Sections 252.40 to 252.47252.46 apply to day training and 63.23 habilitation services for adults with mental retardation and 63.24 related conditions when the services are authorized to be funded 63.25 by a county and provided under a contract between a county board 63.26 and a vendor as defined in section 252.41. Nothing in sections 63.27 252.40 to 252.47252.46 absolves intermediate care facilities 63.28 for persons with mental retardation or related conditions of the 63.29 responsibility for providing active treatment and habilitation 63.30 under federal regulations with which those facilities must 63.31 comply to be certified by the Minnesota department of health. 63.32 Sec. 97. Minnesota Statutes 1996, section 252.41, 63.33 subdivision 1, is amended to read: 63.34 Subdivision 1. [SCOPE.] The definitions in this section 63.35 apply to sections 252.40 to 252.47252.46. 63.36 Sec. 98. Minnesota Statutes 1996, section 252.43, is 64.1 amended to read: 64.2 252.43 [COMMISSIONER'S DUTIES.] 64.3 The commissioner shall supervise county boards' provision 64.4 of day training and habilitation services to adults with mental 64.5 retardation and related conditions. The commissioner shall: 64.6 (1) determine the need for day training and habilitation 64.7 services under section 252.28; 64.8 (2) approve payment rates established by a county under 64.9 section 252.46, subdivision 1; 64.10 (3) adopt rules for the administration and provision of day 64.11 training and habilitation services under sections 252.40 to 64.12 252.47252.46 and sections 245A.01 to 245A.16 and 252.28, 64.13 subdivision 2; 64.14 (4) enter into interagency agreements necessary to ensure 64.15 effective coordination and provision of day training and 64.16 habilitation services; 64.17 (5) monitor and evaluate the costs and effectiveness of day 64.18 training and habilitation services; and 64.19 (6) provide information and technical help to county boards 64.20 and vendors in their administration and provision of day 64.21 training and habilitation services. 64.22 Sec. 99. Minnesota Statutes 1996, section 252.46, 64.23 subdivision 1, is amended to read: 64.24 Subdivision 1. [RATES.] (a) Payment rates to vendors, 64.25 except regional centers, for county-funded day training and 64.26 habilitation services and transportation provided to persons 64.27 receiving day training and habilitation services established by 64.28 a county board are governed by subdivisions 2 to 19. The 64.29 commissioner shall approve the following three payment rates for 64.30 services provided by a vendor: 64.31 (1) a full-day service rate for persons who receive at 64.32 least six service hours a day, including the time it takes to 64.33 transport the person to and from the service site; 64.34 (2) a partial-day service rate that must not exceed 75 64.35 percent of the full-day service rate for persons who receive 64.36 less than a full day of service; and 65.1 (3) a transportation rate for providing, or arranging and 65.2 paying for, transportation of a person to and from the person's 65.3 residence to the service site. 65.4 (b) The commissioner may also approve an hourly job-coach, 65.5 follow-along rate for services provided by one employee at or en 65.6 route to or from community locations to supervise, support, and 65.7 assist one person receiving the vendor's services to learn 65.8 job-related skills necessary to obtain or retain employment when 65.9 and where no other persons receiving services are present and 65.10 when all the following criteria are met: 65.11 (1) the vendor requests and the county recommends the 65.12 optional rate; 65.13 (2) the service is prior authorized by the county on the 65.14 Medicaid Management Information System for no more than 414 65.15 hours in a 12-month period and the daily per person charge to 65.16 medical assistance does not exceed the vendor's approved full 65.17 day plus transportation rates; 65.18 (3) separate full day, partial day, and transportation 65.19 rates are not billed for the same person on the same day; 65.20 (4) the approved hourly rate does not exceed the sum of the 65.21 vendor's current average hourly direct service wage, including 65.22 fringe benefits and taxes, plus a component equal to the 65.23 vendor's average hourly nondirect service wage expenses; and 65.24 (5) the actual revenue received for provision of hourly 65.25 job-coach, follow-along services is subtracted from the vendor's 65.26 total expenses for the same time period and those adjusted 65.27 expenses are used for determining recommended full day and 65.28 transportation payment rates under subdivision 5 in accordance 65.29 with the limitations in subdivision 3. 65.30 (c) Medical assistance rates for home and community-based 65.31 service provided under section 256B.501, subdivision 4, by 65.32 licensed vendors of day training and habilitation services must 65.33 not be greater than the rates for the same services established 65.34 by counties under sections 252.40 to 252.47252.46. For very 65.35 dependent persons with special needs the commissioner may 65.36 approve an exception to the approved payment rate under section 66.1 256B.501, subdivision 4 or 8. 66.2 Sec. 100. Minnesota Statutes 1996, section 252.50, 66.3 subdivision 6, is amended to read: 66.4 Subd. 6. [RATES FOR STATE-OPERATED, COMMUNITY-BASED 66.5 PROGRAMS FOR PERSONS WITH MENTAL RETARDATION.] State-operated, 66.6 community-based programs that meet the definition of a facility 66.7 in Minnesota Rules, part 9553.0020, subpart 19, must be 66.8 reimbursed consistent with Minnesota Rules, parts 9553.0010 to 66.9 9553.0080. State-operated, community-based programs that meet 66.10 the definition of vendor in section 252.41, subdivision 9, must 66.11 be reimbursed consistent with the rate setting procedures in 66.12 sections 252.41 to 252.47252.46 and Minnesota Rules, parts 66.13 9525.1200 to 9525.1330. This subdivision does not operate to 66.14 abridge the statutorily created pension rights of state 66.15 employees or collective bargaining agreements reached pursuant 66.16 to chapter 179A. 66.17 Sec. 101. Minnesota Statutes 1996, section 256B.04, 66.18 subdivision 2, is amended to read: 66.19 Subd. 2. Make uniform rules, not inconsistent with law, 66.20 for carrying out and enforcing the provisions hereof in an 66.21 efficient, economical, and impartial manner, and to the end that 66.22 the medical assistance system may be administered uniformly 66.23 throughout the state, having regard for varying costs of medical 66.24 care in different parts of the state and the conditions in each 66.25 case, and in all things to carry out the spirit and purpose of 66.26 this program, which rules shall be made with the approval of the66.27 attorney general on form and legality,shall be furnished 66.28 immediately to all county agencies, and shall be binding on such 66.29 county agencies. 66.30 Sec. 102. Minnesota Statutes 1996, section 257.41, is 66.31 amended to read: 66.32 257.41 [FINANCIAL RESPONSIBILITY.] 66.33 Financial responsibility for any child placed pursuant to 66.34 the provisions of the interstate compact on the placement of 66.35 children shall be determined in accordance with the provisions 66.36 of article 5 thereof in the first instance. However, in the 67.1 event of partial or complete default of performance thereunder, 67.2 the provisions of sections 518C.01 to 518C.36518C.101 to 67.3 518C.902 also may be invoked. 67.4 Sec. 103. Minnesota Statutes 1996, section 260.161, 67.5 subdivision 3, is amended to read: 67.6 Subd. 3. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 67.7 for records relating to an offense where proceedings are public 67.8 under section 260.155, subdivision 1, peace officers' records of 67.9 children who are or may be delinquent or who may be engaged in 67.10 criminal acts shall be kept separate from records of persons 18 67.11 years of age or older and are private data but shall be 67.12 disseminated: (1) by order of the juvenile court, (2) as 67.13 required by section 126.036, (3) as authorized under section 67.14 13.82, subdivision 2, (4) to the child or the child's parent or 67.15 guardian unless disclosure of a record would interfere with an 67.16 ongoing investigation, or (5) as otherwise provided in this 67.17 subdivision. Except as provided in paragraph (c), no 67.18 photographs of a child taken into custody may be taken without 67.19 the consent of the juvenile court unless the child is alleged to 67.20 have violated section 169.121 or 169.129. Peace officers' 67.21 records containing data about children who are victims of crimes 67.22 or witnesses to crimes must be administered consistent with 67.23 section 13.82, subdivisions 2, 3, 4, and 10. Any person 67.24 violating any of the provisions of this subdivision shall be 67.25 guilty of a misdemeanor. 67.26 In the case of computerized records maintained about 67.27 juveniles by peace officers, the requirement of this subdivision 67.28 that records about juveniles must be kept separate from adult 67.29 records does not mean that a law enforcement agency must keep 67.30 its records concerning juveniles on a separate computer system. 67.31 Law enforcement agencies may keep juvenile records on the same 67.32 computer as adult records and may use a common index to access 67.33 both juvenile and adult records so long as the agency has in 67.34 place procedures that keep juvenile records in a separate place 67.35 in computer storage and that comply with the special data 67.36 retention and other requirements associated with protecting data 68.1 on juveniles. 68.2 (b) Nothing in this subdivision prohibits the exchange of 68.3 information by law enforcement agencies if the exchanged 68.4 information is pertinent and necessary to the requesting agency 68.5 in initiating, furthering, or completing a criminal 68.6 investigation. 68.7 (c) A photograph may be taken of a child taken into custody 68.8 pursuant to section 260.165, subdivision 1, clause (b), provided 68.9 that the photograph must be destroyed when the child reaches the 68.10 age of 19 years. The commissioner of corrections may photograph 68.11 juveniles whose legal custody is transferred to the 68.12 commissioner. Photographs of juveniles authorized by this 68.13 paragraph may be used only for institution management purposes, 68.14 case supervision by parole agents, and to assist law enforcement 68.15 agencies to apprehend juvenile offenders. The commissioner 68.16 shall maintain photographs of juveniles in the same manner as 68.17 juvenile court records and names under this section. 68.18 (d) Traffic investigation reports are open to inspection by 68.19 a person who has sustained physical harm or economic loss as a 68.20 result of the traffic accident. Identifying information on 68.21 juveniles who are parties to traffic accidents may be disclosed 68.22 as authorized under section 13.82, subdivision 4, and accident 68.23 reports required under section 169.09 may be released under 68.24 section 169.09, subdivision 13, unless the information would 68.25 identify a juvenile who was taken into custody or who is 68.26 suspected of committing an offense that would be a crime if 68.27 committed by an adult, or would associate a juvenile with the 68.28 offense, and the offense is not a minoran adult court traffic 68.29 offense under section 260.193. 68.30 (e) A law enforcement agency shall notify the principal or 68.31 chief administrative officer of a juvenile's school of an 68.32 incident occurring within the agency's jurisdiction if: 68.33 (1) the agency has probable cause to believe that the 68.34 juvenile has committed an offense that would be a crime if 68.35 committed as an adult, that the victim of the offense is a 68.36 student or staff member of the school, and that notice to the 69.1 school is reasonably necessary for the protection of the victim; 69.2 or 69.3 (2) the agency has probable cause to believe that the 69.4 juvenile has committed an offense described in subdivision 1b, 69.5 paragraph (a), clauses (1) to (3), that would be a crime if 69.6 committed by an adult, regardless of whether the victim is a 69.7 student or staff member of the school. 69.8 A law enforcement agency is not required to notify the 69.9 school under this paragraph if the agency determines that notice 69.10 would jeopardize an ongoing investigation. Notwithstanding 69.11 section 138.17, data from a notice received from a law 69.12 enforcement agency under this paragraph must be destroyed when 69.13 the juvenile graduates from the school or at the end of the 69.14 academic year when the juvenile reaches age 23, whichever date 69.15 is earlier. For purposes of this paragraph, "school" means a 69.16 public or private elementary, middle, or secondary school. 69.17 (f) In any county in which the county attorney operates or 69.18 authorizes the operation of a juvenile prepetition or pretrial 69.19 diversion program, a law enforcement agency or county attorney's 69.20 office may provide the juvenile diversion program with data 69.21 concerning a juvenile who is a participant in or is being 69.22 considered for participation in the program. 69.23 (g) Upon request of a local social service agency, peace 69.24 officer records of children who are or may be delinquent or who 69.25 may be engaged in criminal acts may be disseminated to the 69.26 agency to promote the best interests of the subject of the data. 69.27 Sec. 104. Minnesota Statutes 1996, section 268.0124, is 69.28 amended to read: 69.29 268.0124 [PLAIN LANGUAGE IN WRITTEN MATERIALS.] 69.30 (a) To the extent reasonable and consistent with the goals 69.31 of providing easily understandable and readable materials and 69.32 complying with federal and state laws governing the programs, 69.33 all written materials relating to services and determinations of 69.34 eligibility for or amounts of benefits that will be given to 69.35 applicants for or recipients of assistance under a program 69.36 administered or supervised by the commissioner of economic 70.1 security must be understandable to a person of average 70.2 intelligence and education. 70.3 (b) All written materials relating to determinations of 70.4 eligibility for or amounts of benefits that will be given to 70.5 applicants for or recipients of assistance under programs 70.6 administered or supervised by the commissioner of economic 70.7 security must be developed to satisfy the plain language 70.8 requirements of the plain language contract act under sections 70.9 325G.29 to 325G.36. Materials may be submitted to the attorney 70.10 general for review and certification. Notwithstanding section 70.11 325G.35, subdivision 1, the attorney general shall review 70.12 submitted materials to determine whether they comply with the 70.13 requirements of section 325G.31. The remedies available 70.14 pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to 70.15 these materials. Failure to comply with this section does not 70.16 provide a basis for suspending the implementation or operation 70.17 of other laws governing programs administered by the 70.18 commissioner. 70.19 (c) The requirements of this section apply to all materials 70.20 modified or developed by the commissioner on or after July 1, 70.21 1988. The requirements of this section do not apply to 70.22 materials that must be submitted to a federal agency for 70.23 approval, to the extent that application of the requirements 70.24 prevents federal approval. 70.25 (d) Nothing in this section may be construed to prohibit a 70.26 lawsuit brought to require the commissioner to comply with this 70.27 section or to affect individual appeal rights granted pursuant70.28 to section 268.10. 70.29 Sec. 105. Minnesota Statutes 1996, section 268.03, is 70.30 amended to read: 70.31 268.03 [DECLARATION OF PUBLIC POLICY.] 70.32 As a guide to the interpretation and application of 70.33 sections 268.03 to 268.31268.30, the public policy of this 70.34 state is declared to be as follows: Economic insecurity due to 70.35 unemployment is a serious menace to the health, morals, and 70.36 welfare of the people of this state. Involuntary unemployment 71.1 is therefore a subject of general interest and concern which 71.2 requires appropriate action by the legislature to prevent its 71.3 spread and to lighten its burdens. This can be provided by 71.4 encouraging employers to provide more stable employment and by 71.5 the systematic accumulation of funds during periods of 71.6 employment to provide benefits for periods of unemployment, thus 71.7 maintaining purchasing power and limiting the serious social 71.8 consequences of poor relief assistance. The legislature, 71.9 therefore, declares that in its considered judgment the public 71.10 good and the general welfare of the citizens of this state will 71.11 be promoted by providing, under the police powers of the state 71.12 for the compulsory setting aside of unemployment reserves to be 71.13 used for the benefit of persons unemployed through no fault of 71.14 their own. In recognition of its focus on returning the worker 71.15 to gainful employment, this program will be known in Minnesota 71.16 as "reemployment insurance." 71.17 Sec. 106. Minnesota Statutes 1996, section 268.15, 71.18 subdivision 3, is amended to read: 71.19 Subd. 3. [CONTINGENT ACCOUNT.] There is hereby created in 71.20 the state treasury a special account, to be known as the 71.21 economic security contingent account, which shall not lapse nor 71.22 revert to any other fund. Such account shall consist of all 71.23 money appropriated therefor by the legislature, all money in the 71.24 form of interest and penalties collected pursuant to sections 71.25 268.16 and 268.18, and all money received in the form of 71.26 voluntary contributions to this account and interest thereon. 71.27 All money in such account shall be supplemental to all federal 71.28 money that would be available to the commissioner but for the 71.29 existence of this account. Moneys in this account are hereby 71.30 appropriated to the commissioner and shall be available to the 71.31 commissioner for such expenditures as the commissioner may deem 71.32 necessary in connection with the administration of sections 71.33 268.04 to 268.231268.23. Whenever the commissioner expends 71.34 money from said contingent account for the proper and efficient 71.35 administration of the Minnesota economic security law for which 71.36 funds have not yet been made available by the federal 72.1 government, such money so withdrawn from the contingent account 72.2 shall be replaced as hereinafter provided. Upon the deposit in 72.3 the economic security administration fund of moneys which are 72.4 received in reimbursement of payments made as above provided for 72.5 said contingent account, the commissioner shall certify to the 72.6 state treasurer the amount of such reimbursement and thereupon 72.7 the state treasurer shall transfer such amount from the economic 72.8 security administration fund to said contingent account. All 72.9 money in this account shall be deposited, administered, and 72.10 disbursed in the same manner and under the same conditions and 72.11 requirements as is provided by law for the other special 72.12 accounts in the state treasury. The state treasurer shall be 72.13 liable on the treasurer's official bond for the faithful 72.14 performance of duties in connection with the economic security 72.15 contingent account provided for herein. Notwithstanding 72.16 anything to the contrary contained herein, on June 30 of each 72.17 year, except 1982, all amounts in excess of $300,000 in this 72.18 account shall be paid over to the reemployment insurance fund 72.19 established under section 268.05 and administered in accordance 72.20 with the provisions set forth therein. 72.21 Sec. 107. Minnesota Statutes 1996, section 268.361, 72.22 subdivision 1, is amended to read: 72.23 Subdivision 1. [TERMS.] For the purposes of sections 72.24 268.361 to 268.367268.366, the following terms have the 72.25 meanings given them. 72.26 Sec. 108. Minnesota Statutes 1996, section 272.12, is 72.27 amended to read: 72.28 272.12 [CONVEYANCES, TAXES PAID BEFORE RECORDING.] 72.29 When: 72.30 (a) a deed or other instrument conveying land, 72.31 (b) a plat of any town site or addition thereto, 72.32 (c) a survey required pursuant to section 508.47, 72.33 (d) a condominium plat subject to chapter 515 or 515A or a 72.34 declaration that contains such a plat, or 72.35 (e) a common interest community plat subject to chapter 72.36 515B or a declaration that contains such a plat, 73.1 is presented to the county auditor for transfer, the auditor 73.2 shall ascertain from the records if there be taxes delinquent 73.3 upon the land described therein, or if it has been sold for 73.4 taxes. An assignment of a sheriff's or referee's certificate of 73.5 sale, when the certificate of sale describes real estate, and 73.6 certificates of redemption from mortgage or lien foreclosure 73.7 sales, when the certificate of redemption encompasses real 73.8 estate and is issued to a junior creditor, are considered 73.9 instruments conveying land for the purposes of this section and 73.10 section 272.121. If there are taxes delinquent, the auditor 73.11 shall certify to the same; and upon payment of such taxes, or in 73.12 case no taxes are delinquent, shall transfer the land upon the 73.13 books of the auditor's office, and note upon the instrument, 73.14 over official signature, the words, "no delinquent taxes and 73.15 transfer entered," or, if the land described has been sold or 73.16 assigned to an actual purchaser for taxes, the words "paid by 73.17 sale of land described within;" and, unless such statement is 73.18 made upon such instrument, the county recorder or the registrar 73.19 of titles shall refuse to receive or record the same; provided, 73.20 that sheriff's or referees' certificates of sale on execution or 73.21 foreclosure of a lien or mortgage, certificates of redemption 73.22 from mortgage or lien foreclosure sales issued to the redeeming 73.23 mortgagor or lienee, deeds of distribution made by a personal 73.24 representative in probate proceedings, decrees and judgments, 73.25 receivers receipts, patents, and copies of town or statutory 73.26 city plats, in case the original plat filed in the office of the 73.27 county recorder has been lost or destroyed, and the instruments 73.28 releasing, removing and discharging reversionary and forfeiture 73.29 provisions affecting title to land and instruments releasing, 73.30 removing or discharging easement rights in land or building or 73.31 other restrictions, may be recorded without such certificate; 73.32 and, provided that instruments conveying land and, as 73.33 appurtenant thereto an easement over adjacent tract or tracts of 73.34 land, may be recorded without such certificate as to the land 73.35 covered by such easement; and provided further, that any 73.36 instrument granting an easement made in favor of any public 74.1 utility or pipe line for conveying gas, liquids or solids in 74.2 suspension, in the nature of a right of way over, along, across 74.3 or under a tract of land may be recorded without such 74.4 certificate as to the land covered by such easement. Any 74.5 instrument amending or restating the declarations, bylaws, 74.6 plats, or other enabling documents governing homeowners 74.7 associations of condominiums, townhouses, common interest 74.8 ownership communities, and other planned unit developments may 74.9 be recorded without the auditor's certificate. 74.10 A deed of distribution made by a personal representative in 74.11 a probate proceeding, a decree, or a judgment that conveys land 74.12 shall be presented to the county auditor, who shall transfer the 74.13 land upon the books of the auditor's office and note upon the 74.14 instrument, over official signature, the words, "transfer 74.15 entered", and the instrument may then be recorded. A decree or 74.16 judgment that affects title to land but does not convey land may 74.17 be recorded without presentation to the auditor. 74.18 A violation of this section by the county recorder or the 74.19 registrar of titles shall be a gross misdemeanor, and, in 74.20 addition to the punishment therefor, the recorder or registrar 74.21 shall be liable to the grantee of any instrument so recorded for 74.22 the amount of any damages sustained. 74.23 When, as a condition to permitting the recording of deed or 74.24 other instrument affecting the title to real estate previously 74.25 forfeited to the state under the provisions of sections 281.16 74.26 to 281.27281.25, county officials, after such real estate has 74.27 been purchased or repurchased, have required the payment of 74.28 taxes erroneously assumed to have accrued against such real 74.29 estate after forfeiture and before the date of purchase or 74.30 repurchase, the sum required to be so paid shall be refunded to 74.31 the persons entitled thereto out of moneys in the funds in which 74.32 the sum so paid was placed. Delinquent taxes are those taxes 74.33 deemed delinquent under section 279.02. 74.34 Sec. 109. Minnesota Statutes 1996, section 273.1398, 74.35 subdivision 1, is amended to read: 74.36 Subdivision 1. [DEFINITIONS.] (a) In this section, the 75.1 terms defined in this subdivision have the meanings given them. 75.2 (b) "Unique taxing jurisdiction" means the geographic area 75.3 subject to the same set of local tax rates. 75.4 (c) "Previous net tax capacity" means the product of the 75.5 appropriate net class rates for the year previous to the year in 75.6 which the aid is payable, and estimated market values for the 75.7 assessment two years prior to that in which aid is payable. 75.8 "Total previous net tax capacity" means the previous net tax 75.9 capacities for all property within the unique taxing 75.10 jurisdiction. The total previous net tax capacity shall be 75.11 reduced by the sum of (1) the unique taxing jurisdiction's 75.12 previous net tax capacity of commercial-industrial property as 75.13 defined in section 473F.02, subdivision 3, or 276A.02276A.01, 75.14 subdivision 3, multiplied by the ratio determined pursuant to 75.15 section 473F.08, subdivision 6, or 276A.06, subdivision 7, for 75.16 the municipality, as defined in section 473F.02, subdivision 8, 75.17 or 276A.06, subdivision 7276A.01, subdivision 8, in which the 75.18 unique taxing jurisdiction is located, (2) the previous net tax 75.19 capacity of the captured value of tax increment financing 75.20 districts as defined in section 469.177, subdivision 2, and (3) 75.21 the previous net tax capacity of transmission lines deducted 75.22 from a local government's total net tax capacity under section 75.23 273.425. Previous net tax capacity cannot be less than zero. 75.24 (d) "Equalized market values" are market values that have 75.25 been equalized by dividing the assessor's estimated market value 75.26 for the second year prior to that in which the aid is payable by 75.27 the assessment sales ratios determined by class in the 75.28 assessment sales ratio study conducted by the department of 75.29 revenue pursuant to section 124.2131 in the second year prior to 75.30 that in which the aid is payable. The equalized market values 75.31 shall equal the unequalized market values divided by the 75.32 assessment sales ratio. 75.33 (e) "Equalized school levies" means the amounts levied for: 75.34 (1) general education under section 124A.23, subdivision 2; 75.35 (2) supplemental revenue under section 124A.22, subdivision 75.36 8a; 76.1 (3) transition revenue under section 124A.22, subdivision 76.2 13c; 76.3 (4) basic transportation under section 124.226, subdivision 76.4 1; and 76.5 (5) referendum revenue under section 124A.03. 76.6 (f) "Current local tax rate" means the quotient derived by 76.7 dividing the taxes levied within a unique taxing jurisdiction 76.8 for taxes payable in the year prior to that for which aids are 76.9 being calculated by the total previous net tax capacity of the 76.10 unique taxing jurisdiction. 76.11 (g) For purposes of calculating and allocating homestead 76.12 and agricultural credit aid authorized pursuant to subdivision 2 76.13 and the disparity reduction aid authorized in subdivision 3, 76.14 "gross taxes levied on all properties," "gross taxes," or "taxes 76.15 levied" means the total net tax capacity based taxes levied on 76.16 all properties except that levied on the captured value of tax 76.17 increment districts as defined in section 469.177, subdivision 76.18 2, and that levied on the portion of commercial industrial 76.19 properties' assessed value or gross tax capacity, as defined in 76.20 section 473F.02, subdivision 3, subject to the areawide tax as 76.21 provided in section 473F.08, subdivision 6, in a unique taxing 76.22 jurisdiction. "Gross taxes" are before any reduction for 76.23 disparity reduction aid but "taxes levied" are after any 76.24 reduction for disparity reduction aid. Gross taxes levied or 76.25 taxes levied cannot be less than zero. 76.26 "Taxes levied" excludes equalized school levies. 76.27 (h) "Household adjustment factor" means the number of 76.28 households for the second most recent year preceding that in 76.29 which the aids are payable divided by the number of households 76.30 for the third most recent year. The household adjustment factor 76.31 cannot be less than one. 76.32 (i) "Growth adjustment factor" means the household 76.33 adjustment factor in the case of counties. In the case of 76.34 cities, towns, school districts, and special taxing districts, 76.35 the growth adjustment factor equals one. The growth adjustment 76.36 factor cannot be less than one. 77.1 (j) "Homestead and agricultural credit base" means the 77.2 previous year's certified homestead and agricultural credit aid 77.3 determined under subdivision 2 less any permanent aid reduction 77.4 in the previous year to homestead and agricultural credit aid. 77.5 (k) "Net tax capacity adjustment" means (1) the tax base 77.6 differential defined in subdivision 1a, multiplied by (2) the 77.7 unique taxing jurisdiction's current local tax rate. The net 77.8 tax capacity adjustment cannot be less than zero. 77.9 (l) "Fiscal disparity adjustment" means a taxing 77.10 jurisdiction's fiscal disparity distribution levy under section 77.11 473F.08, subdivision 3, clause (a), or 276A.06, subdivision 3, 77.12 clause (a), for taxes payable in the year prior to that for 77.13 which aids are being calculated, multiplied by the ratio of the 77.14 tax base differential percent referenced in subdivision 1a for 77.15 the highest class rate for class 3 property for taxes payable in 77.16 the year prior to that for which aids are being calculated to 77.17 the highest class rate for class 3 property for taxes payable in 77.18 the second prior year to that for which aids are being 77.19 calculated. In the case of school districts, the fiscal 77.20 disparity distribution levy shall exclude that part of the levy 77.21 attributable to equalized school levies. 77.22 Sec. 110. [REPEALER; SECTION 273.1398 NOTE.] 77.23 The amendment to section 273.1398, subdivision 1, paragraph 77.24 (c), by Laws 1996, chapter 471, article 11, section 1, is 77.25 repealed. 77.26 Sec. 111. Minnesota Statutes 1996, section 279.01, 77.27 subdivision 3, is amended to read: 77.28 Subd. 3. In the case of class 1b agricultural homestead, 77.29 class 2a agricultural homestead property, and class 2b(2)2b(3) 77.30 agricultural nonhomestead property, no penalties shall attach to 77.31 the second one-half property tax payment as provided in this 77.32 section if paid by November 15. Thereafter for class 1b 77.33 agricultural homestead and class 2a homestead property, on 77.34 November 16 following, a penalty of six percent shall accrue and 77.35 be charged on all such unpaid taxes and on December 1 following, 77.36 an additional two percent shall be charged on all such unpaid 78.1 taxes. Thereafter for class 2b(2)2b(3) agricultural 78.2 nonhomestead property, on November 16 following, a penalty of 78.3 eight percent shall accrue and be charged on all such unpaid 78.4 taxes and on December 1 following, an additional four percent 78.5 shall be charged on all such unpaid taxes. 78.6 If the owner of class 1b agricultural homestead, class 2a, 78.7 or class 2b(2)2b(3) agricultural property receives a 78.8 consolidated property tax statement that shows only an aggregate 78.9 of the taxes and special assessments due on that property and on 78.10 other property not classified as class 1b agricultural 78.11 homestead, class 2a, or class 2b(2)2b(3) agricultural property, 78.12 the aggregate tax and special assessments shown due on the 78.13 property by the consolidated statement will be due on November 78.14 15 provided that at least 50 percent of the property's market 78.15 value is classified class 1b agricultural, class 2a, or 78.16 class 2b(2)2b(3) agricultural. 78.17 Sec. 112. Minnesota Statutes 1996, section 280.05, is 78.18 amended to read: 78.19 280.05 [PROHIBITED PURCHASERS.] 78.20 A county auditor, county treasurer, court administrator of 78.21 the district court, or county assessor, or deputy or clerk or 78.22 employee of such officer, and a commissioner for tax forfeited 78.23 lands or assistant to such commissioner, may not purchase at 78.24 such sale, or procure an assignment of the right acquired by the 78.25 state in lands bid in for it at such sale, as in this chapter 78.26 provided in sections 280.06 to 280.12280.11, either personally, 78.27 or as agent or attorney for any other person, except that such 78.28 officer, deputy, court administrator, employee or commissioner 78.29 for tax forfeited lands or assistant to such commissioner, if an 78.30 owner or lienholder of the lands, may purchase the lands, or 78.31 procure such assignment of the state's right in such lands. 78.32 Sec. 113. Minnesota Statutes 1996, section 280.28, 78.33 subdivision 2, is amended to read: 78.34 Subd. 2. There shall be paid at the time of delivery by 78.35 the person to whom delivered for each certificate issued to an 78.36 actual purchaser under sectionssection 280.03 and 280.13a fee 79.1 of $1 and for each notice of expiration of redemption prepared 79.2 by the auditor for the holder of a certificate a fee of $2. 79.3 These fees shall be paid to the county treasurer upon the 79.4 auditor's statement of the amount due. The amount of such fees 79.5 shall be added to the amount payable under section 281.02 upon 79.6 redemption. 79.7 Sec. 114. Minnesota Statutes 1996, section 280.33, is 79.8 amended to read: 79.9 280.33 [CERTIFICATES AND DEEDS AS EVIDENCE; GROUNDS FOR 79.10 SETTING ASIDE.] 79.11 The certificates and deeds issued pursuant to sections 79.12 280.03 ,and 280.11, 280.13, and 280.25,or the record thereof, 79.13 shall be prima facie evidence that the parcel described therein 79.14 was subject to taxation for the year or years therein stated; 79.15 that such parcel was listed and assessed at the time and in the 79.16 manner required by law; that the taxes were levied according to 79.17 law; that the judgment pursuant to which the sale was made was 79.18 duly entered, and that the court had jurisdiction to enter the 79.19 same; that all requirements of law with respect to the sale had 79.20 been complied with; that such parcel had not been redeemed from 79.21 the sale; and of title in the grantee therein after the time for 79.22 redemption has expired; provided, that when any such certificate 79.23 or deed embraces university, school, or other state lands, the 79.24 title whereof is in the state, no other or greater interest 79.25 shall be held to be thereby conveyed than that acquired under 79.26 the certificate of the commissioner of finance. No sale shall 79.27 be set aside or held invalid by reason of any misrecitals in 79.28 such certificate or deed; nor unless the party objecting to the 79.29 same prove either that the taxes were paid before the judgment 79.30 was rendered, or that such parcel was exempt from taxation, or 79.31 that the court rendering the judgment pursuant to which the sale 79.32 was made had not jurisdiction to render the same, or that after 79.33 the judgment and before the sale such judgment had been 79.34 satisfied, or that notice of sale as required by this chapter 79.35 was not given, or that such parcel was not offered at such sale 79.36 to the bidder who would pay the amount for which the parcel was 80.1 to be sold at the lowest rate of interest, as provided in this 80.2 chapter; provided, that every judgment rendered against any 80.3 parcel for a tax which was paid before the entry thereof, or 80.4 when the land was exempt from taxation, shall be void, and all 80.5 sales made under any such judgment or under a judgment which has 80.6 been paid shall be void, and no title or interest in any parcel 80.7 sold under such judgment shall pass or be conveyed to any 80.8 purchaser at such sale. In any action brought to set aside or 80.9 to cancel such sale, or in which the validity of such sale may 80.10 arise, the tax receipt, or the treasurer's duplicate thereof, or 80.11 other record of the payment of such tax in the office of the 80.12 county auditor or the county treasurer, shall be prima facie 80.13 evidence of such payment; but such payment shall not be 80.14 established by parol testimony only. In such action, the county 80.15 in which the land is situated, or the state, if either claim any 80.16 interest in the land sold under such judgment, may be made a 80.17 party defendant, in which case the county attorney shall appear 80.18 in behalf of such county or state, or both. 80.19 Sec. 115. Minnesota Statutes 1996, section 280.35, is 80.20 amended to read: 80.21 280.35 [INVALID CERTIFICATE.] 80.22 If any certificate issued pursuant to sections 280.03 ,and 80.23 280.11 , and 280.13to an actual purchaser prove to be invalid 80.24 for any other cause than that the land described therein was not 80.25 subject to taxation, or that the taxes had been paid prior to 80.26 the sale, or that the assessment or levy was void, the lien of 80.27 the state on the parcel of land sold, as provided in section 80.28 272.31 shall be transferred, without any act whatever, to, and 80.29 vested in, the holder of such certificate, or the holder's 80.30 personal representatives, heirs, or assigns. Such holder, or 80.31 the personal representatives, heirs, or assigns of the holder, 80.32 may collect out of the property covered by such lien, by sale 80.33 thereof by foreclosure, or other proper action or proceeding, 80.34 the amount of taxes, penalties, and interest due thereon at the 80.35 time of such sale, with interest thereon at the rate of 12 80.36 percent per annum, together with the amount of all subsequent 81.1 taxes paid, with interest thereon at said rate, and the costs 81.2 and expenses of such action. 81.3 Sec. 116. Minnesota Statutes 1996, section 281.16, is 81.4 amended to read: 81.5 281.16 [STATED PERIOD OF REDEMPTION.] 81.6 The term "stated period of redemption," as used in sections 81.7 281.16 to 281.27281.25, means the period of time specified in 81.8 those sections or in any other law for redemption of lands from 81.9 any tax judgment sale, including any extension of the period 81.10 originally prescribed, but not including any further time 81.11 allowed for redemption on account of requirements for giving 81.12 notice of expiration. 81.13 Sec. 117. Minnesota Statutes 1996, section 281.32, is 81.14 amended to read: 81.15 281.32 [LIMITATION OF TIME FOR FILING CERTIFICATE; 1925 AND 81.16 PRIOR YEARS.] 81.17 No notice of the expiration of the time of redemption upon 81.18 any certificate of tax judgment sale issued to an actual 81.19 purchaser shall be issued or served after the expiration of six 81.20 years from the date of the tax judgment sale described by any 81.21 such certificate, nor shall any such certificate be recorded in 81.22 the office of the county recorder or filed in the office of the 81.23 registrar of titles of the proper county after the expiration of 81.24 seven years from the date of such sale. 81.25 No notice of the expiration of the time of redemption upon 81.26 any state assignment certificate issued under the provisions of 81.27 section 280.11 , or upon any certificate issued to an actual81.28 purchaser at any forfeited tax sale held under the provisions of81.29 sections 280.12, 280.13, and 280.25,shall be issued or served 81.30 after the expiration of six years from the date of such 81.31 certificate, nor shall any such certificate or deed issued 81.32 pursuant thereto be recorded in the office of the county 81.33 recorder after the expiration of seven years from the date of 81.34 such certificate. 81.35 All such certificates upon which such notice of expiration 81.36 of redemption shall not be issued and served and such 82.1 certificates recorded or filed in the office of the proper 82.2 county recorder or registrar of titles within the time limited 82.3 by this section shall be void and of no force and effect for any 82.4 purpose, and failure to serve such notice or record or file such 82.5 certificate within the time herein prescribed shall operate to 82.6 extinguish the lien of the purchaser for the taxes for the year 82.7 or years in such certificate described and appearing and the 82.8 lien of all subsequent taxes paid under such certificate. 82.9 Sec. 118. Minnesota Statutes 1996, section 282.07, is 82.10 amended to read: 82.11 282.07 [AUDITOR TO CANCEL TAXES.] 82.12 Immediately after forfeiture to the state of any parcel of 82.13 land, as provided by sections 281.16 to 281.27281.25, the 82.14 county auditor shall cancel all taxes and tax liens appearing 82.15 upon the records, both delinquent and current, and all special 82.16 assessments, delinquent or otherwise. When the interest of a 82.17 purchaser of state trust fund land sold under certificate of 82.18 sale, or of the purchaser's heirs or assigns or successors in 82.19 interest, shall by reason of tax delinquency be transferred to 82.20 the state as provided by law, such interest shall pass to the 82.21 state free from any trust obligation to any taxing district and 82.22 free from all special assessments and such land shall become 82.23 unsold trust fund land. 82.24 Sec. 119. Minnesota Statutes 1996, section 284.04, is 82.25 amended to read: 82.26 284.04 [ACTION TO QUIET TITLE.] 82.27 Any person holding a tax certificate issued under section 82.28 280.03 ,or 280.11 , or 280.13at any time after the expiration of 82.29 the period of redemption from the tax sale on which such 82.30 certificate was issued may commence an action in the district 82.31 court of the county where the land embraced in such certificate 82.32 lies, to quiet title thereto, without taking possession of such 82.33 land; and any person who claims or appears of record to have any 82.34 interest in or lien upon the same, or any part thereof, may be 82.35 made defendant. At the time of the commencement of such action 82.36 the plaintiff shall file a notice of the pendency of the action 83.1 with the county recorder, as provided by law. If it shall 83.2 appear that the plaintiff's title is invalid for any cause other 83.3 than one which renders the taxes embraced in such certificate 83.4 void, the court shall not dismiss such action, but ascertain the 83.5 amount due the plaintiff for all taxes, interest, penalties, and 83.6 costs embraced in such certificate, and of all subsequent taxes, 83.7 penalties, interests, and costs paid by the plaintiff or the 83.8 plaintiff's assignors, with interest thereon at the rate of 12 83.9 percent per annum from the date of such certificate or payment, 83.10 and adjudge the same to be a lien against such land in favor of 83.11 such holder, and direct a sale thereof to satisfy such judgment 83.12 and costs of sale. All the provisions of sections 284.01 to 83.13 284.03, relating to the sales therein provided for and to 83.14 redemptions therefrom, shall be applicable to sales authorized 83.15 by this section. 83.16 Sec. 120. Minnesota Statutes 1996, section 290.091, 83.17 subdivision 6, is amended to read: 83.18 Subd. 6. [CREDIT FOR PRIOR YEARS' LIABILITY.] (a) A credit 83.19 is allowed against the tax imposed by this chapter on 83.20 individuals, trusts, and estates equal to the minimum tax credit 83.21 for the taxable year. The minimum tax credit equals the 83.22 adjusted net minimum tax for taxable years beginning after 83.23 December 31, 1988, reduced by the minimum tax credits allowed in 83.24 a prior taxable year. The credit may not exceed the excess (if 83.25 any) for the taxable year of 83.26 (1) the regular tax, over 83.27 (2) the greater of (i) the tentative alternative minimum 83.28 tax, or (ii) zero. 83.29 (b) The adjusted net minimum tax for a taxable year equals 83.30 the lesser of the net minimum tax or the excess (if any) of 83.31 (1) the tentative minimum tax, over 83.32 (2) seven percent of the sum of 83.33 (i) adjusted gross income as defined in section 62 of the 83.34 Internal Revenue Code, 83.35 (ii) interest income as defined in section 290.01, 83.36 subdivision 19a, clause (1), 84.1 (iii) interest on specified private activity bonds, as 84.2 defined in section 57(a)(5) of the Internal Revenue Code, to the 84.3 extent not included under clause (ii), 84.4 (iv) depletion as defined in section 57(a)(1), determined 84.5 without regard to the last sentence of paragraph (1), of the 84.6 Internal Revenue Code, less 84.7 (v) the deductions provided in subdivision 2, paragraph 84.8 (a), clauses (5), items (i), (ii), and (iii)(1), (2), and (3) 84.9 of the second series of clauses, and 84.10 (vi) the exemption amount determined under subdivision 3. 84.11 In the case of an individual who is not a Minnesota 84.12 resident for the entire year, adjusted net minimum tax must be 84.13 multiplied by the fraction defined in section 290.06, 84.14 subdivision 2c, paragraph (e). In the case of a trust or 84.15 estate, adjusted net minimum tax must be multiplied by the 84.16 fraction defined under subdivision 4, paragraph (b). 84.17 Sec. 121. Minnesota Statutes 1996, section 297A.259, is 84.18 amended to read: 84.19 297A.259 [LOTTERY TICKETS; IN LIEU TAX.] 84.20 Sales of state lottery tickets are exempt from the tax 84.21 imposed under section 297A.02. The state lottery must on or 84.22 before the 20th day of each month transmit to the commissioner 84.23 of revenue an amount equal to the gross receipts from the sale 84.24 of lottery tickets for the previous month multiplied by the 84.25 combinedtax rate under sectionssection 297A.02, subdivision 1 ,84.26 and 297A.021, subdivision 1. The resulting payment is in lieu 84.27 of the sales tax that otherwise would be imposed by this chapter. 84.28 The commissioner shall deposit the money transmitted as provided 84.29 by section 297A.44 and the money must be treated as other 84.30 proceeds of the sales tax. Gross receipts for purposes of this 84.31 section mean the proceeds of the sale of tickets before 84.32 deduction of a commission or other compensation paid to the 84.33 vendor or retailer for selling tickets. 84.34 Sec. 122. Minnesota Statutes 1996, section 299C.11, is 84.35 amended to read: 84.36 299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 85.1 (a) The sheriff of each county and the chief of police of 85.2 each city of the first, second, and third classes shall furnish 85.3 the bureau, upon such form as the superintendent shall 85.4 prescribe, with such finger and thumb prints, photographs, 85.5 distinctive physical mark identification data, and other 85.6 identification data as may be requested or required by the 85.7 superintendent of the bureau, which may be taken under the 85.8 provisions of section 299C.10, of persons who shall be convicted 85.9 of a felony, gross misdemeanor, or who shall be found to have 85.10 been convicted of a felony or gross misdemeanor, within ten 85.11 years next preceding their arrest. 85.12 (b) No petition under chapter 609A is required if the 85.13 person has not been convicted of any felony or gross 85.14 misdemeanor, either within or without the state, within the 85.15 period of ten years immediately preceding the determination of 85.16 all pending criminal actions or proceedings in favor of the 85.17 arrested person, and either of the following occurred: 85.18 (1) all charges were dismissed prior to a determination of 85.19 probable cause; or 85.20 (2) the prosecuting authority declined to file any charges 85.21 and a grand jury did not return an indictment. 85.22 Where these conditions are met, the bureau or agency shall, 85.23 upon demand, return to the arrested person finger and thumb 85.24 prints, photographs, distinctive physical mark identification 85.25 data, and other identification data, and all copies and 85.26 duplicates of them. 85.27 (c) Except as otherwise provided in paragraph (b), upon the 85.28 determination of all pending criminal actions or proceedings in 85.29 favor of the arrested person, and the granting of the petition 85.30 of the arrested person under chapter 609A, the bureau shall seal 85.31 finger and thumb prints, photographs, distinctive physical mark 85.32 identification data, and other identification data, and all 85.33 copies and duplicates of them if the arrested person has not 85.34 been convicted of any felony or gross misdemeanor, either within 85.35 or without the state, within the period of ten years immediately 85.36 preceding such determination. 86.1 (d) DNA samples and DNA records of the arrested person 86.2 shall not be returned, sealed, or destroyed as to a charge 86.3 supported by probable cause. 86.4 (e) For purposes of this section, "determination of all 86.5 pending criminal actions or proceedings in favor of the arrested 86.6 person" does not include: 86.7 (1) the sealing of a criminal record pursuant to section 86.8 152.18, subdivision 1, 242.31, 609.168,or chapter 609A; 86.9 (2) the arrested person's successful completion of a 86.10 diversion program; 86.11 (3) an order of discharge under section 609.165; or 86.12 (4) a pardon granted under section 638.02. 86.13 Sec. 123. Minnesota Statutes 1996, section 299F.46, 86.14 subdivision 1, is amended to read: 86.15 Subdivision 1. [HOTEL INSPECTION.] (a) It shall be the 86.16 duty of the commissioner of public safety to inspect, or cause 86.17 to be inspected, at least once every three years, every hotel in 86.18 this state; and, for that purpose, the commissioner, or the 86.19 commissioner's deputies, or designated alternates or agents 86.20 shall have the right to enter or have access thereto at any 86.21 reasonable hour; and, when, upon such inspection, it shall be 86.22 found that the hotel so inspected does not conform to or is not 86.23 being operated in accordance with the provisions of sections 86.24 157.011 and 157.15 to 157.22, in so far as the same relate to 86.25 fire prevention or fire protection of hotels, or the rules 86.26 promulgated thereunder, or is being maintained or operated in 86.27 such manner as to violate the uniform fire code promulgated 86.28 pursuant to section 299F.011 or any other law of this state 86.29 relating to fire prevention and fire protection of hotels, the 86.30 commissioner and the deputies or designated alternates or agents 86.31 shall report such a situation to the hotel inspector who shall 86.32 proceed as provided for in sections 157.01 to 157.14chapter 157. 86.33 (b) The word "hotel", as used in this subdivision, has the 86.34 meaning given in section 299F.391. 86.35 Sec. 124. Minnesota Statutes 1996, section 299L.02, 86.36 subdivision 1, is amended to read: 87.1 Subdivision 1. [LOTTERY.] (a) The director shall when 87.2 required under chapter 349A or when requested by the director of 87.3 the lottery conduct background checks on employees of the state 87.4 lottery, lottery retailers, and bidders of lottery procurement 87.5 contracts. 87.6 (b) The director shall, when so requested by the director 87.7 of the state lottery or when the director believes it to be 87.8 reasonable and necessary, conduct investigations of lottery 87.9 retailers, applicants for lottery retailer contracts, suppliers 87.10 of goods or services to the state lottery, and persons bidding 87.11 on contracts for goods or services with the state lottery. 87.12 (c) The director shall conduct an annual security audit of 87.13 the state lottery, or arrange for such an audit by an outside 87.14 agency or person, firm, or corporation. The director shall 87.15 report to the state lottery board andthe director of the 87.16 lottery on the results of the audit. 87.17 Sec. 125. Minnesota Statutes 1996, section 326.2421, 87.18 subdivision 2, is amended to read: 87.19 Subd. 2. [EXEMPTION.] Except as provided in subdivision 3, 87.20 no person exempt under subdivision 1 orlicensed pursuant to 87.21 subdivision 3 may be required to obtain any authorization, 87.22 permit, franchise, or license from, or pay any fee, franchise 87.23 tax, or other assessment to, any agency, department, board, or 87.24 political subdivision of the state as a condition for performing 87.25 any work described herein. The requirements of this section 87.26 shall not apply to telephone companies as defined under section 87.27 237.01 nor to their employees, that are only engaged in the 87.28 laying out, installation, and repair of telephone systems. 87.29 Sec. 126. Minnesota Statutes 1996, section 327A.08, is 87.30 amended to read: 87.31 327A.08 [LIMITATIONS.] 87.32 Notwithstanding any other provision of Laws 1981, chapter87.33 119,sections 1 to 10327A.01 to 327A.07: 87.34 (a) The terms of the home improvement warranties required 87.35 by Laws 1981, chapter 119,sections 1 to 10327A.01 to 327A.07, 87.36 commence upon completion of the home improvement and the term 88.1 shall not be required to be renewed or extended if the home 88.2 improvement contractor performs additional improvements required 88.3 by warranty; 88.4 (b) The home improvement warranties required by Laws 1981,88.5 chapter 119,sections 1 to 10327A.01 to 327A.07, shall not 88.6 include products or materials installed that are already covered 88.7 by implied or written warranty; and 88.8 (c) The home improvement warranties required by Laws 1981,88.9 chapter 119,sections 1 to 10327A.01 to 327A.07, are intended 88.10 to be implied warranties imposing an affirmative obligation upon 88.11 home improvement contractors, and Laws 1981, chapter 119,88.12 sections 1 to 10327A.01 to 327A.07, do not require that written 88.13 warranty instruments be created and conveyed to the owner. 88.14 Sec. 127. Minnesota Statutes 1996, section 345.48, 88.15 subdivision 1, is amended to read: 88.16 Subdivision 1. All funds received under sections 345.31 to 88.17 345.60, including the proceeds from the sale of abandoned 88.18 property pursuant to section 345.47, shall forthwith be 88.19 deposited by the commissioner in the general fund of the state 88.20 after deduction of the fees and expenses provided for in section 88.21 345.485; except that unclaimed restitution payments held by a 88.22 court under section 345.38 shall be deposited in the crime 88.23 victim and witness account created in section 609.101,88.24 subdivision 1611A.612. Before making the deposit the 88.25 commissioner shall record the name and last known address of 88.26 each person appearing from the holders' reports to be entitled 88.27 to the abandoned property and of the name and last known address 88.28 of each policyholder, insured person, or annuitant, and with 88.29 respect to each policy or contract listed in the report of a 88.30 life insurance corporation, its number, the name of the 88.31 corporation, and the amount due. The record shall be available 88.32 for public inspection at all reasonable business hours. 88.33 Sec. 128. Minnesota Statutes 1996, section 349.19, 88.34 subdivision 2a, is amended to read: 88.35 Subd. 2a. [TAX REFUND AND CREDIT ACCOUNT.] (a) Each 88.36 organization that receives a refund or credit under section 89.1 297E.02, subdivision 4, paragraph (d), must establish a separate 89.2 account designated as the tax and credit refund account. The 89.3 organization must (1) within four business days of receiving a 89.4 refund under that paragraph deposit the refund in the account, 89.5 and (2) within four business days of filing a tax return that 89.6 claims a credit under that paragraph, transfer from the separate 89.7 account established under subdivision 2 to the tax refund and 89.8 credit account an amount equal to the tax credit. 89.9 (b) The name and address of the bank, the account number 89.10 for the tax refund and credit account, and the names of 89.11 organization members authorized as signatories on the account 89.12 must be provided to the board within 30 days of the date when 89.13 the organization establishes the account. Changes in the 89.14 information must be submitted to the board at least ten days 89.15 before the change is made. 89.16 (c) The organization may expend money in the account only 89.17 for lawful purposes, other than lawful purposes described in 89.18 section 349.012349.12, subdivision 25, paragraph (a), clauses 89.19 (8), (9), and (12). Amounts in the account must be spent for 89.20 qualifying lawful purposes no later than one year after the 89.21 refund is deposited. 89.22 Sec. 129. Minnesota Statutes 1996, section 353.64, 89.23 subdivision 2, is amended to read: 89.24 Subd. 2. Before a governing body may declare a position to 89.25 be that of a police officer, the duties of the person so 89.26 employed must, as a minimum, include employment as an officer of 89.27 a designated police department or sheriff's office or person in 89.28 charge of a designated police department or sheriff's office 89.29 whose primary job it is to enforce the law, who is licensed by 89.30 the Minnesota board of peace officer standards and training 89.31 under sections 626.84 to 626.855626.863, who is engaged in the 89.32 hazards of protecting the safety and property of others, and who 89.33 has the power to arrest by warrant. A police officer who is 89.34 periodically assigned to employment duties not within the scope 89.35 of this subdivision may contribute to the public employees 89.36 police and fire fund for all service, if a resolution declaring 90.1 that the primary position held by the person is that of a police 90.2 officer, is adopted by the governing body of the department, and 90.3 is promptly submitted to the executive director. 90.4 Sec. 130. Minnesota Statutes 1996, section 353C.02, is 90.5 amended to read: 90.6 353C.02 [CORRECTIONAL SERVICE EMPLOYEES.] 90.7 A local government correctional service employee is a 90.8 person who: 90.9 (1) meets the definition of "essential employee" in section 90.10 179A.03, subdivision 7, excluding state employees, University of 90.11 Minnesota employees, firefighters, peace officers subject to 90.12 licensure under sections 626.84 to 626.855626.863, employees of 90.13 hospitals other than state hospitals, confidential employees, 90.14 supervisory employees other than employees who supervise 90.15 correctional officers and who are stationed at correctional 90.16 facilities or city or county jails, principals, and assistant 90.17 principals; 90.18 (2) is employed by Dakota county, Hennepin county, Ramsey 90.19 county, or Washington county, if the county elects to 90.20 participate under section 353C.04 or by a joint-powers 90.21 correctional agency in which St. Louis county or its 90.22 municipalities participate, if the governing body of the agency 90.23 elects to participate under section 353C.04; 90.24 (3) is a public employee within the meaning of section 90.25 353.01, subdivisions 2 and 2a; and 90.26 (4) is not at the time of the exercise of the participation 90.27 option under section 353C.04 a member of the basic program of 90.28 the public employees retirement association or a member of the 90.29 public employees police and fire fund. 90.30 Sec. 131. Minnesota Statutes 1996, section 354.66, 90.31 subdivision 4, is amended to read: 90.32 Subd. 4. [RETIREMENT CONTRIBUTIONS.] Notwithstanding any 90.33 provision to the contrary in this chapter relating to the salary 90.34 figure to be used for the determination of contributions or the 90.35 accrual of service credit, a teacher assigned to a part-time 90.36 position under this section shall continue to make employee 91.1 contributions to and to accrue allowable service credit in the 91.2 retirement fund during the period of part-time employment on the 91.3 same basis and in the same amounts as would have been paid and 91.4 accrued if the teacher had been employed on a full-time basis 91.5 provided that, prior to June 30 each year, or within 30 days 91.6 after notification by the association of the amount due, 91.7 whichever is later, the member and the employing board make that 91.8 portion of the required employer contribution to the retirement 91.9 fund, in any proportion which they may agree upon, that is based 91.10 on the difference between the amount of compensation that would 91.11 have been paid if the teacher had been employed on a full-time 91.12 basis and the amount of compensation actually received by the 91.13 teacher for the services rendered in the part-time assignment. 91.14 The employing unit shall make that portion of the required 91.15 employer contributions to the retirement fund on behalf of the 91.16 teacher that is based on the amount of compensation actually 91.17 received by the teacher for the services rendered in the 91.18 part-time assignment in the manner described in section 354.43,91.19 subdivision 3. The employee and employer contributions shall be 91.20 based upon the rates of contribution prescribed by section 91.21 354.42. Full accrual of allowable service credit and employee 91.22 contributions for part-time teaching service pursuant to this 91.23 section and section 354A.094 shall not continue for a period 91.24 longer than ten years. 91.25 Sec. 132. Minnesota Statutes 1996, section 383B.78, 91.26 subdivision 3, is amended to read: 91.27 Subd. 3. [REGULATORY ORDINANCES.] (a) The governing bodies 91.28 of counties having a population of more than 450,000, and all 91.29 cities and towns located in the counties may, by ordinance, 91.30 resolution, or bylaw, regulate the use of public bathing beaches 91.31 and public waters where a public bathing beach immediately 91.32 borders for the purpose of bathing, swimming, or congregating 91.33 with others, within their respective territorial limits, in a 91.34 manner that is not inconsistent with this section. 91.35 (b) If a governing body determines that the safety, health, 91.36 morals, or general welfare of the public require, the governing 92.1 body may, by ordinance, resolution, or bylaw, provide that a 92.2 public bathing beach is closed to bathing, swimming, and 92.3 congregating after 9:00 a.m.p.m. 92.4 Sec. 133. Minnesota Statutes 1996, section 383D.35, is 92.5 amended to read: 92.6 383D.35 [PROTECTION OF RIGHTS UNDER STATE AND FEDERAL 92.7 LAWS.] 92.8 Subdivision 1. Nothing in sections 383D.21 to 383D.3492.9 383D.33 shall be construed to permit or encourage any action or 92.10 conduct prohibited by the Minnesota human rights act or prohibit 92.11 recourse to any remedies provided in the Minnesota human rights 92.12 act or any other state or federal law relating to equal 92.13 employment opportunities. The provisions of those laws shall 92.14 continue to apply to county employment generally, including 92.15 positions excluded from the jurisdiction of the county personnel 92.16 administration system. 92.17 Subd. 2. Nothing in sections 383D.21 to 383D.34383D.33 92.18 shall be construed to affect the rights and obligations of an 92.19 employee or employer under sections 179A.01 to 179A.25, or the 92.20 provisions of a contract or agreement executed pursuant to them. 92.21 Subd. 3. Any employee in the unclassified service may be 92.22 demoted or removed from the employee's position in the 92.23 unclassified service without cause and at the discretion and 92.24 pleasure of the appointing authority, but, unless otherwise 92.25 provided by law, no permanent county employee, who has 92.26 successfully completed the employee's probationary period of 92.27 employment with the county, shall be dismissed from employment 92.28 with the county without the establishment of just cause. For 92.29 purposes of this subdivision, just cause includes, but is not 92.30 limited to, failure to perform assigned duties, substandard 92.31 performance, misconduct, insubordination, and violation of 92.32 written policies and procedures. 92.33 Sec. 134. Minnesota Statutes 1996, section 390.35, is 92.34 amended to read: 92.35 390.35 [ELECTION TO FOLLOW SIMPLIFIED INVESTIGATION.] 92.36 Sections 390.31 to 390.35 apply only to counties in which 93.1 the county board elects to be bound by them in lieu of other law 93.2 relating to coroners. In a county in which sections 390.31 to 93.3 390.35 apply, the county board may by resolution resume death 93.4 investigations under sections 390.005 to 390.26390.25. The 93.5 board shall then fill the office of coroner as provided by 93.6 section 390.005. 93.7 Sec. 135. Minnesota Statutes 1996, section 412.191, 93.8 subdivision 1, is amended to read: 93.9 Subdivision 1. [COMPOSITION.] The city council in a 93.10 standard plan city shall consist of the mayor, the clerk, and 93.11 the three or five council members. In optional plan cities, 93.12 except those cities having a larger council under repealed 93.13 section 412.023, subdivision 4, the council shall consist of the 93.14 mayor and the four council members. A majority of all the 93.15 members shall constitute a quorum although a smaller number may 93.16 adjourn from time to time. 93.17 Sec. 136. Minnesota Statutes 1996, section 412.581, is 93.18 amended to read: 93.19 412.581 [OFFICERS.] 93.20 In any city operating under Optional Plan A except a city 93.21 having a larger council under repealed section 412.023, 93.22 subdivision 4, the council shall be composed of five or seven 93.23 members consisting, except during the initial period of its 93.24 operation as provided in section 412.571, of the mayor and four 93.25 or six council members and, except as provided in that section, 93.26 the clerk and treasurer or clerk-treasurer shall be appointed by 93.27 the council for indefinite terms. 93.28 Sec. 137. Minnesota Statutes 1996, section 412.631, is 93.29 amended to read: 93.30 412.631 [COMPOSITION OF COUNCIL.] 93.31 In any city operating under Optional Plan B, the council 93.32 shall, except as provided in sectionsrepealed section 412.023, 93.33 subdivision 4, and section 412.571, be composed of a mayor and 93.34 four or six council members. 93.35 Sec. 138. Minnesota Statutes 1996, section 422A.01, 93.36 subdivision 18, is amended to read: 94.1 Subd. 18. [LICENSED PEACE OFFICER.] "Licensed peace 94.2 officer," for purposes of section 422A.151, means an employee of 94.3 the metropolitan airports commission who was employed by the 94.4 commission before June 30, 1978, and whose employment duties 94.5 include, at a minimum, full-time service as an officer whose 94.6 primary job it is to enforce the law, who is licensed by the 94.7 Minnesota board of peace officer standards and training under 94.8 sections 626.84 to 626.855626.863, who is engaged in the 94.9 hazards of protecting the safety and property of others, and who 94.10 has the power to arrest by warrant. 94.11 Sec. 139. Minnesota Statutes 1996, section 427.02, is 94.12 amended to read: 94.13 427.02 [DEPOSITORIES.] 94.14 The council of any city in this state, but not including 94.15 cities when governed under a charter adopted under and pursuant 94.16 to the Constitution of the state of Minnesota, article IV, 94.17 section 36, and sections 410.03 to 410.24, and 441.01 to 441.09,94.18 and all acts supplemental thereto, in which charter the matter 94.19 of designating depositories for city funds and the protection 94.20 thereof is provided for, or in which charter it shall hereafter 94.21 be provided for, shall have the power and authority to designate 94.22 or redesignate at the beginning of each calendar year, or from 94.23 time to time, the banks or other legal depositories of any city 94.24 in which the treasurer of the city shall deposit and keep the 94.25 moneys of the city, designating in each instance the maximum 94.26 amount which may at any time be kept in any one of these 94.27 depositories, which maximum amount shall in no case exceed 25 94.28 percent of the paid-up capital and surplus of the depository, 94.29 unless the depository shall deposit with the treasurer of the 94.30 city United States government bonds to secure the deposit of the 94.31 funds of the city; and, in that event, the amount so deposited 94.32 shall not exceed the amount of the United States government 94.33 bonds so deposited. No depository shall deposit United States 94.34 government bonds which mature within one year from the date such 94.35 bonds were first considered as a part of the bank's reserve and 94.36 which reserves are required by section 48.221. The council of 95.1 each city shall, at all times, designate depositories in the 95.2 city, or elsewhere in the United States, sufficient for the 95.3 depository of all funds which are likely to be in the hands of 95.4 the treasurer of the city at any one time and shall, so far as 95.5 consistent with the best interest of the city, designate these 95.6 depositories in the city and require from these depositories 95.7 good and sufficient bonds payable to the city in a penal sum not 95.8 to exceed the amount designated as the limit of deposit therein, 95.9 and conditioned for the safekeeping and payment of funds so 95.10 deposited, or, in lieu thereof, good and sufficient collateral 95.11 as provided for by section 118A.03. 95.12 Sec. 140. [REPEALER; SECTIONS 466.01, SUBDIVISIONS 4 AND 95.13 5.] 95.14 Minnesota Statutes 1996, section 466.01, subdivisions 4 and 95.15 5, are repealed. 95.16 Sec. 141. Minnesota Statutes 1996, section 466.03, 95.17 subdivision 6d, is amended to read: 95.18 Subd. 6d. [LICENSING OF PROVIDERS.] A claim against a 95.19 municipality based on the failure of a provider to meet the 95.20 standards needed for a license to operate a day care facility ,95.21 as defined in section 245.782, subdivision 5,under chapter 245A 95.22 for children, unless the municipality had actual knowledge of a 95.23 failure to meet licensing standards that resulted in a dangerous 95.24 condition that foreseeably threatened the plaintiff. 95.25 Sec. 142. [REPEALER; SECTION 469.033 NOTE.] 95.26 Laws 1994, chapter 416, article 1, section 47, is repealed. 95.27 Sec. 143. Minnesota Statutes 1996, section 469.078, 95.28 subdivision 1, is amended to read: 95.29 Subdivision 1. [MAY USE CHAPTER 458 POWERS GRANTED BY 1980 95.30 LAW.] The city of Minneapolis may exercise those powers of a 95.31 governmental agency or subdivision in sections 469.048 to 95.32 469.068 granted to it by Laws 1980, chapter 595. 95.33 Sec. 144. [REPEALER; SECTION 469.121 NOTE.] 95.34 Laws 1989, chapter 209, article 2, section 42, is repealed. 95.35 Sec. 145. Minnesota Statutes 1996, section 469.141, 95.36 subdivision 3, is amended to read: 96.1 Subd. 3. [WATER WELL REGULATION.] Cities may prohibit, 96.2 restrict, control, and require permits for drilling of water96.3 wells as defined in section 156A.02103I.005, but the 96.4 construction and abandonment of water wells is governed 96.5 by sections 156A.01 to 156A.10chapter 103I. 96.6 Sec. 146. Minnesota Statutes 1996, section 469.173, 96.7 subdivision 7, is amended to read: 96.8 Subd. 7. [ REPEALERAPPLICATION.] Sections 469.169, 96.9 469.171, 469.172, and this section are effectiveremain in 96.10 effect only for border city enterprise zones and only until the 96.11 enterprise zone is terminated by resolution adopted by the city 96.12 in which the border city enterprise zone is located. For all 96.13 other enterprise zones, sections 469.169, 469.171, 469.172, and 96.14 this section are repealed effectiveno longer in effect after 96.15 December 31, 1996. 96.16 Sec. 147. Minnesota Statutes 1996, section 471.9981, 96.17 subdivision 1, is amended to read: 96.18 Subdivision 1. [1988 REPORT.] A home rule charter or 96.19 statutory city or county, referred to in this section as a 96.20 "governmental subdivision," that employs ten or more people and 96.21 that did not submit a report according to repealed section 96.22 471.998, shall submit the report by October 1, 1988, to the 96.23 commissioner of employee relations. 96.24 The plan for implementing equitable compensation for the 96.25 employees must provide for complete implementation not later 96.26 than December 31, 1991, unless a later date has been approved by 96.27 the commissioner. If a report was filed before October 1, 1987, 96.28 and had an implementation date after December 31, 1991, the date 96.29 in the report shall be approved by the commissioner. The plan 96.30 need not contain a market study. 96.31 Sec. 148. [REPEALER; SECTION 471A.02, SUBDIVISIONS 2 AND 96.32 15.] 96.33 Minnesota Statutes 1996, section 471A.02, subdivisions 2 96.34 and 15, are repealed. 96.35 Sec. 149. [REPEALER; SECTION 473.13 NOTE.] 96.36 Laws 1994, chapter 416, article 1, section 51, is repealed. 97.1 Sec. 150. Minnesota Statutes 1996, section 473.206, is 97.2 amended to read: 97.3 473.206 [LOCAL ORDINANCES.] 97.4 Each county, city or town in the metropolitan area shall be 97.5 provided with standards, criteria and suggested model ordinances 97.6 and may, after review and comment by the metropolitan council, 97.7 adopt ordinances which provide for the protection of the 97.8 resources described in section 473.204that are the subject of 97.9 the standards, criteria, and model ordinances. 97.10 Sec. 151. Minnesota Statutes 1996, section 473.208, is 97.11 amended to read: 97.12 473.208 [COOPERATION.] 97.13 In adopting and enforcing the ordinances for which 97.14 standards and criteria are provided by sections 473.204 to97.15 473.208section 473.206, counties, cities and towns shall 97.16 consult and cooperate with affected soil and water conservation 97.17 districts, watershed districts, and lake conservation districts 97.18 on matters of common concern. 97.19 Sec. 152. [REPEALER; SECTION 473.445 NOTE.] 97.20 Laws 1994, chapter 411, section 4, is repealed. 97.21 Sec. 153. [REPEALER; SECTION 473.638, SUBDIVISION 1.] 97.22 Minnesota Statutes 1996, section 473.638, subdivision 1, is 97.23 repealed. 97.24 Sec. 154. Minnesota Statutes 1996, section 473.638, 97.25 subdivision 2, is amended to read: 97.26 Subd. 2. [RETENTION OR SALE OF PROPERTY.] The commission 97.27 may retain any property now owned by it or acquired under 97.28 subdivision 1 and use it for a lawful purpose, or it may provide 97.29 for the sale or other disposition of the property in accordance 97.30 with a redevelopment plan in the same manner and upon the same 97.31 terms as the housing and redevelopment authority and governing 97.32 body of a municipality under the provisions of section 469.029, 97.33 all subject to the provisions of section 473.636, subdivision 2,97.34 orto existing land use and development control measures 97.35 approved by the council. 97.36 Sec. 155. [REPEALER; SECTION 473.639.] 98.1 Minnesota Statutes 1996, section 473.639, is repealed. 98.2 Sec. 156. [REPEALER; SECTION 473.711 NOTE.] 98.3 Laws 1994, chapter 416, article 1, section 56, is repealed. 98.4 Sec. 157. Minnesota Statutes 1996, section 473.859, 98.5 subdivision 2, is amended to read: 98.6 Subd. 2. [LAND USE PLAN.] A land use plan shall include 98.7 the water management plan required by section 103B.235, and 98.8 shall designate the existing and proposed location, intensity 98.9 and extent of use of land and water, including lakes, wetlands, 98.10 rivers, streams, natural drainage courses, and adjoining land 98.11 areas that affect water natural resources, for agricultural, 98.12 residential, commercial, industrial and other public and private 98.13 purposes, or any combination of such purposes. A land use plan 98.14 shall contain a protection element, as appropriate, for historic 98.15 sites, the matters listed in the water management plan required 98.16 by section 103B.235, and the matters listed in section 473.204,98.17 and an element for protection and development of access to 98.18 direct sunlight for solar energy systems. A land use plan shall 98.19 also include a housing element containing standards, plans and 98.20 programs for providing adequate housing opportunities to meet 98.21 existing and projected local and regional housing needs, 98.22 including but not limited to the use of official controls and 98.23 land use planning to promote the availability of land for the 98.24 development of low and moderate income housing. 98.25 Sec. 158. Minnesota Statutes 1996, section 475.51, 98.26 subdivision 9, is amended to read: 98.27 Subd. 9. [GOVERNING BODY.] "Governing body" means the 98.28 board, council, commission, or other body of the municipality 98.29 charged with the general control of its financial affairs; 98.30 provided, that where any charter or law confers bond issuing 98.31 power on a particular board or body of a municipality, such 98.32 board or body is the governing body under the provisions of 98.33 sections 475.51 to 475.75475.74. 98.34 Sec. 159. Minnesota Statutes 1996, section 475.53, 98.35 subdivision 1, is amended to read: 98.36 Subdivision 1. [GENERALLY.] Except as otherwise provided 99.1 in sections 475.51 to 475.75475.74, no municipality, except a 99.2 school district or a city of the first class, shall incur or be 99.3 subject to a net debt in excess of two percent of the market 99.4 value of taxable property in the municipality. 99.5 Sec. 160. Minnesota Statutes 1996, section 475.57, is 99.6 amended to read: 99.7 475.57 [INITIATION OF PROCEEDINGS; RESOLUTION.] 99.8 Proceedings for issuing bonds under sections 475.51 to 99.9 475.75475.74 shall be initiated by a resolution of the 99.10 governing body of the municipality stating the amount proposed 99.11 to be borrowed and the purpose for which the debt is to be 99.12 incurred. Such resolution may provide for the submission of the 99.13 question to vote of the electors. A town board may adopt such 99.14 resolution without a statement for special town meeting being 99.15 filed with the clerk. 99.16 Sec. 161. Minnesota Statutes 1996, section 475.61, 99.17 subdivision 2, is amended to read: 99.18 Subd. 2. [FILING; CERTIFICATION; ASSESSMENT; EXTENSION.] 99.19 The recording officer of the municipality shall file in the 99.20 office of the county auditor of each county in which any part of 99.21 the municipality is located a certified copy of the resolution, 99.22 together with full information regarding the obligations for 99.23 which the tax is levied. No further action by the municipality 99.24 is required to authorize the extension, assessment and 99.25 collection of the tax, but the municipality's liability on the 99.26 obligations is not limited thereto and its governing body shall 99.27 levy and cause to be extended, assessed and collected any 99.28 additional taxes found necessary for full payment of the 99.29 principal and interest. The county auditor shall forthwith 99.30 certify to the municipality that the obligations have been 99.31 entered in the register required by sections 475.51 to 475.7599.32 475.74 and that the tax levy required by sections 475.51 99.33 to 475.75475.74 has been made. The auditor shall annually 99.34 assess and extend upon the tax rolls the amount specified for 99.35 such year in the resolution, unless the amount has been reduced 99.36 as authorized below or, if the municipality is located in more 100.1 than one county, the portion thereof which bears the same ratio 100.2 to the whole amount as the net tax capacity of taxable property 100.3 in that part of the municipality located in the auditor's county 100.4 bears to the net tax capacity of all taxable property in the 100.5 municipality. 100.6 Sec. 162. Minnesota Statutes 1996, section 480.242, 100.7 subdivision 2, is amended to read: 100.8 Subd. 2. [REVIEW OF APPLICATIONS; SELECTION OF 100.9 RECIPIENTS.] At times and in accordance with any procedures as 100.10 the supreme court adopts in the form of court rules, 100.11 applications for the expenditure of civil legal services funds 100.12 shall be accepted from qualified legal services programs or from 100.13 local government agencies and nonprofit organizations seeking to 100.14 establish qualified alternative dispute resolution programs. 100.15 The applications shall be reviewed by the advisory committee, 100.16 and the advisory committee, subject to review by the supreme 100.17 court, shall distribute the funds received pursuant to section100.18 480.241, subdivision 2,available for this expenditure to 100.19 qualified legal services programs or to qualified alternative 100.20 dispute resolution programs submitting applications. The funds 100.21 shall be distributed in accordance with the following formula: 100.22 (a) Eighty-five percent of the funds distributed shall be 100.23 distributed to qualified legal services programs that have 100.24 demonstrated an ability as of July 1, 1982, to provide legal 100.25 services to persons unable to afford private counsel with funds 100.26 provided by the federal Legal Services Corporation. The 100.27 allocation of funds among the programs selected shall be based 100.28 upon the number of persons with incomes below the poverty level 100.29 established by the United States Census Bureau who reside in the 100.30 geographical area served by each program, as determined by the 100.31 supreme court on the basis of the most recent national census. 100.32 All funds distributed pursuant to this clause shall be used for 100.33 the provision of legal services in civil and farm legal 100.34 assistance matters as prioritized by program boards of directors 100.35 to eligible clients. 100.36 (b) Fifteen percent of the funds distributed may be 101.1 distributed (1) to other qualified legal services programs for 101.2 the provision of legal services in civil matters to eligible 101.3 clients, including programs which organize members of the 101.4 private bar to perform services and programs for qualified 101.5 alternative dispute resolution, (2) to programs for training 101.6 mediators operated by nonprofit alternative dispute resolution 101.7 corporations, or (3) to qualified legal services programs to 101.8 provide family farm legal assistance for financially distressed 101.9 state farmers. The family farm legal assistance must be 101.10 directed at farm financial problems including, but not limited 101.11 to, liquidation of farm property including bankruptcy, farm 101.12 foreclosure, repossession of farm assets, restructuring or 101.13 discharge of farm debt, farm credit and general debtor-creditor 101.14 relations, and tax considerations. If all the funds to be 101.15 distributed pursuant to this clause cannot be distributed 101.16 because of insufficient acceptable applications, the remaining 101.17 funds shall be distributed pursuant to clause (a). 101.18 A person is eligible for legal assistance under this 101.19 section if the person is an eligible client as defined in 101.20 section 480.24, subdivision 2, or: 101.21 (1) is a state resident; 101.22 (2) is or has been a farmer or a family shareholder of a 101.23 family farm corporation within the preceding 24 months; 101.24 (3) has a debt-to-asset ratio greater than 50 percent; 101.25 (4) has a reportable federal adjusted gross income of 101.26 $15,000 or less in the previous year; and 101.27 (5) is financially unable to retain legal representation. 101.28 Qualifying farmers and small business operators whose bank 101.29 loans are held by the Federal Deposit Insurance Corporation are 101.30 eligible for legal assistance under this section. 101.31 Sec. 163. Minnesota Statutes 1996, section 500.24, 101.32 subdivision 3, is amended to read: 101.33 Subd. 3. [CORPORATE FARMING, AG LAND OWNERSHIP 101.34 RESTRICTED.] No corporation, limited liability company, pension 101.35 or investment fund, or limited partnership shall engage in 101.36 farming; nor shall any corporation, limited liability company, 102.1 pension or investment fund, or limited partnership, directly or 102.2 indirectly, own, acquire, or otherwise obtain an interest, 102.3 whether legal, beneficial or otherwise, in any title to real 102.4 estate used for farming or capable of being used for farming in 102.5 this state. Livestock that are delivered for slaughter or 102.6 processing may be fed and cared for by a corporation up to 20 102.7 days prior to slaughter or processing. Provided, however, that 102.8 the restrictions in this subdivision do not apply to 102.9 corporations or partnerships in clause (b) and do not apply to 102.10 corporations, limited partnerships, and pension or investment 102.11 funds that record its name and the particular exception under 102.12 clauses (a) to (s)(r) under which the agricultural land is 102.13 owned or farmed, have a conservation plan prepared for the 102.14 agricultural land, report as required under subdivision 4, and 102.15 satisfy one of the following conditions under clauses (a) 102.16 to (s)(r): 102.17 (a) a bona fide encumbrance taken for purposes of security; 102.18 (b) a family farm corporation, an authorized farm 102.19 corporation, a family farm partnership, or an authorized farm 102.20 partnership as defined in subdivision 2 or a general 102.21 partnership; 102.22 (c) agricultural land and land capable of being used for 102.23 farming owned by a corporation as of May 20, 1973, or a pension 102.24 or investment fund as of May 12, 1981, including the normal 102.25 expansion of such ownership at a rate not to exceed 20 percent 102.26 of the amount of land owned as of May 20, 1973, or, in the case 102.27 of a pension or investment fund, as of May 12, 1981, measured in 102.28 acres, in any five-year period, and including additional 102.29 ownership reasonably necessary to meet the requirements of 102.30 pollution control rules; 102.31 (d) agricultural land operated for research or experimental 102.32 purposes with the approval of the commissioner of agriculture, 102.33 provided that any commercial sales from the operation must be 102.34 incidental to the research or experimental objectives of the 102.35 corporation. A corporation, limited partnership, or pension or 102.36 investment fund seeking to operate agricultural land for 103.1 research or experimental purposes must submit to the 103.2 commissioner a prospectus or proposal of the intended method of 103.3 operation, containing information required by the commissioner 103.4 including a copy of any operational contract with individual 103.5 participants, prior to initial approval of an operation. A 103.6 corporation, limited partnership, or pension or investment fund 103.7 operating agricultural land for research or experimental 103.8 purposes prior to May 1, 1988, must comply with all requirements 103.9 of this clause except the requirement for initial approval of 103.10 the project; 103.11 (e) agricultural land operated by a corporation or limited 103.12 partnership for the purpose of raising breeding stock, including 103.13 embryos, for resale to farmers or operated for the purpose of 103.14 growing seed, wild rice, nursery plants or sod. An entity that 103.15 is organized to raise livestock other than dairy cattle under 103.16 this clause that does not meet the definition requirement for an 103.17 authorized farm corporation must: 103.18 (1) sell all castrated animals to be fed out or finished to 103.19 farming operations that are neither directly nor indirectly 103.20 owned by the business entity operating the breeding stock 103.21 operation; and 103.22 (2) report its total production and sales annually to the 103.23 commissioner of agriculture; 103.24 (f) agricultural land and land capable of being used for 103.25 farming leased by a corporation or limited partnership in an 103.26 amount, measured in acres, not to exceed the acreage under lease 103.27 to such corporation as of May 20, 1973, or to the limited 103.28 partnership as of May 1, 1988, and the additional acreage 103.29 required for normal expansion at a rate not to exceed 20 percent 103.30 of the amount of land leased as of May 20, 1973, for a 103.31 corporation or May 1, 1988, for a limited partnership in any 103.32 five-year period, and the additional acreage reasonably 103.33 necessary to meet the requirements of pollution control rules; 103.34 (g) agricultural land when acquired as a gift (either by 103.35 grant or a devise) by an educational, religious, or charitable 103.36 nonprofit corporation or by a pension or investment fund or 104.1 limited partnership; provided that all lands so acquired by a 104.2 pension or investment fund, and all lands so acquired by a 104.3 corporation or limited partnership which are not operated for 104.4 research or experimental purposes, or are not operated for the 104.5 purpose of raising breeding stock for resale to farmers or 104.6 operated for the purpose of growing seed, wild rice, nursery 104.7 plants or sod must be disposed of within ten years after 104.8 acquiring title thereto; 104.9 (h) agricultural land acquired by a pension or investment 104.10 fund or a corporation other than a family farm corporation or 104.11 authorized farm corporation, as defined in subdivision 2, or a 104.12 limited partnership other than a family farm partnership or 104.13 authorized farm partnership as defined in subdivision 2, for 104.14 which the corporation or limited partnership has documented 104.15 plans to use and subsequently uses the land within six years 104.16 from the date of purchase for a specific nonfarming purpose, or 104.17 if the land is zoned nonagricultural, or if the land is located 104.18 within an incorporated area. A pension or investment fund or a 104.19 corporation or limited partnership may hold such agricultural 104.20 land in such acreage as may be necessary to its nonfarm business 104.21 operation; provided, however, that pending the development of 104.22 agricultural land for nonfarm purposes, such land may not be 104.23 used for farming except under lease to a family farm unit, a 104.24 family farm corporation, an authorized farm corporation, a 104.25 family farm partnership, or an authorized farm partnership, or 104.26 except when controlled through ownership, options, leaseholds, 104.27 or other agreements by a corporation which has entered into an 104.28 agreement with the United States of America pursuant to the New 104.29 Community Act of 1968 (Title IV of the Housing and Urban 104.30 Development Act of 1968, United States Code, title 42, sections 104.31 3901 to 3914) as amended, or a subsidiary or assign of such a 104.32 corporation; 104.33 (i) agricultural lands acquired by a pension or investment 104.34 fund or a corporation or limited partnership by process of law 104.35 in the collection of debts, or by any procedure for the 104.36 enforcement of a lien or claim thereon, whether created by 105.1 mortgage or otherwise; provided, however, that all lands so 105.2 acquired be disposed of within ten years after acquiring the 105.3 title if acquired before May 1, 1988, and five years after 105.4 acquiring the title if acquired on or after May 1, 1988, 105.5 acquiring the title thereto, and further provided that the land 105.6 so acquired shall not be used for farming during the ten-year or 105.7 five-year period except under a lease to a family farm unit, a 105.8 family farm corporation, an authorized farm corporation, a 105.9 family farm partnership, or an authorized farm partnership. The 105.10 aforementioned ten-year or five-year limitation period shall be 105.11 deemed a covenant running with the title to the land against any 105.12 grantee, assignee, or successor of the pension or investment 105.13 fund, corporation, or limited partnership. Notwithstanding the 105.14 five-year divestiture requirement under this clause, a financial 105.15 institution may continue to own the agricultural land if the 105.16 agricultural land is leased to the immediately preceding former 105.17 owner, but must divest of the agricultural land within the 105.18 ten-year period. Livestock acquired by a pension or investment 105.19 fund, corporation, or limited partnership in the collection of 105.20 debts, or by a procedure for the enforcement of lien or claim on 105.21 the livestock whether created by security agreement or otherwise 105.22 after August 1, 1994, must be sold or disposed of within one 105.23 full production cycle for the type of livestock acquired or 18 105.24 months after the livestock is acquired, whichever is later; 105.25 (j) agricultural land acquired by a corporation regulated 105.26 under the provisions of Minnesota Statutes 1974, chapter 216B, 105.27 for purposes described in that chapter or by an electric 105.28 generation or transmission cooperative for use in its business, 105.29 provided, however, that such land may not be used for farming 105.30 except under lease to a family farm unit, a family farm 105.31 corporation, or a family farm partnership; 105.32 (k) agricultural land, either leased or owned, totaling no 105.33 more than 2,700 acres, acquired after May 20, 1973, for the 105.34 purpose of replacing or expanding asparagus growing operations, 105.35 provided that such corporation had established 2,000 acres of 105.36 asparagus production; 106.1 (l) all agricultural land or land capable of being used for 106.2 farming which was owned or leased by an authorized farm 106.3 corporation as defined in Minnesota Statutes 1974, section 106.4 500.24, subdivision 1, clause (d), but which does not qualify as 106.5 an authorized farm corporation as defined in subdivision 2, 106.6 clause (d); 106.7 (m) a corporation formed primarily for religious purposes 106.8 whose sole income is derived from agriculture; 106.9 (n) agricultural land owned or leased by a corporation 106.10 prior to August 1, 1975, which was exempted from the restriction 106.11 of this subdivision under the provisions of Laws 1973, chapter 106.12 427, including normal expansion of such ownership or leasehold 106.13 interest to be exercised at a rate not to exceed 20 percent of 106.14 the amount of land owned or leased on August 1, 1975, in any 106.15 five-year period and the additional ownership reasonably 106.16 necessary to meet requirements of pollution control rules; 106.17 (o) agricultural land owned or leased by a corporation 106.18 prior to August 1, 1978, including normal expansion of such 106.19 ownership or leasehold interest, to be exercised at a rate not 106.20 to exceed 20 percent of the amount of land owned or leased on 106.21 August 1, 1978, and the additional ownership reasonably 106.22 necessary to meet requirements of pollution control rules, 106.23 provided that nothing herein shall reduce any exemption 106.24 contained under the provisions of Laws 1975, chapter 324, 106.25 section 1, subdivision 2; 106.26 (p) an interest in the title to agricultural land acquired 106.27 by a pension fund or family trust established by the owners of a 106.28 family farm, authorized farm corporation or family farm 106.29 corporation, but limited to the farm on which one or more of 106.30 those owners or shareholders have resided or have been actively 106.31 engaged in farming as required by subdivision 2, clause (b), 106.32 (c), or (d); 106.33 (q) agricultural land owned by a nursing home located in a106.34 city with a population, according to the state demographer's106.35 1985 estimate, between 900 and 1,000, in a county with a106.36 population, according to the state demographer's 1985 estimate,107.1 between 18,000 and 19,000, if the land was given to the nursing107.2 home as a gift with the expectation that it would not be sold107.3 during the donor's lifetime. This exemption is available until107.4 July 1, 1995;107.5 (r)the acreage of agricultural land and land capable of 107.6 being used for farming owned and recorded by an authorized farm 107.7 corporation as defined in Minnesota Statutes 1986, section 107.8 500.24, subdivision 2, paragraph (d), or a limited partnership 107.9 as of May 1, 1988, including the normal expansion of the 107.10 ownership at a rate not to exceed 20 percent of the land owned 107.11 and recorded as of May 1, 1988, measured in acres, in any 107.12 five-year period, and including additional ownership reasonably 107.13 necessary to meet the requirements of pollution control 107.14 rules; or 107.15 (s)(r) agricultural land owned or leased as a necessary 107.16 part of an aquatic farm as defined in section 17.47, subdivision 107.17 3. 107.18 Sec. 164. Minnesota Statutes 1996, section 508A.01, 107.19 subdivision 3, is amended to read: 107.20 Subd. 3. [DEFINITION.] For the purposes of sections 107.21 508A.01 to 508A.85, the term "possessory estate in land" means a 107.22 fee simple estate held by an owner who (1) has been found on 107.23 examination by the examiner of titles pursuant to section 107.24 508A.13 to be the record owner of the land described; and (2) 107.25 has satisfied the examiner of titles that the owner is in actual 107.26 or constructive possession of the land described. 107.27 Sec. 165. Minnesota Statutes 1996, section 524.2-402, is 107.28 amended to read: 107.29 524.2-402 [DESCENT OF HOMESTEAD.] 107.30 (a) If there is a surviving spouse, the homestead, 107.31 including a manufactured home which is the family residence, 107.32 descends free from any testamentary or other disposition of it 107.33 to which the spouse has not consented in writing or as provided 107.34 by law, as follows: 107.35 (1) if there is no surviving descendant of decedent, to the 107.36 spouse; or 108.1 (2) if there are surviving descendants of decedent, then to 108.2 the spouse for the term of the spouse's natural life and the 108.3 remainder in equal shares to the decedent's descendants by 108.4 representation. 108.5 (b) If there is no surviving spouse and the homestead has 108.6 not been disposed of by will it descends as other real estate. 108.7 (c) If the homestead passes by descent or will to the 108.8 spouse or decedent's descendants, it is exempt from all debts 108.9 which were not valid charges on it at the time of decedent's 108.10 death except that the homestead is subject to a claim filed 108.11 pursuant to section 246.53 for state hospital care or 256B.15 108.12 for medical assistance benefits. If the homestead passes to a 108.13 person other than a spouse or decedent's descendants, it is 108.14 subject to the payment of the items mentioned in section108.15 524.2-101the expenses of administration, funeral expenses, 108.16 expenses of last illness, taxes, and debts. No lien or other 108.17 charge against a homestead so exempted is enforceable in the 108.18 probate court, but the claimant may enforce the lien or charge 108.19 by an appropriate action in the district court. 108.20 (d) For purposes of this section, except as provided in 108.21 section 524.2-301, the surviving spouse is deemed to consent to 108.22 any testamentary or other disposition of the homestead to which 108.23 the spouse has not previously consented in writing unless the 108.24 spouse files in the manner provided in section 524.2-211, 108.25 paragraph (f), a petition that asserts the homestead rights 108.26 provided to the spouse by this section. 108.27 Sec. 166. Minnesota Statutes 1996, section 525.152, 108.28 subdivision 1, is amended to read: 108.29 Subdivision 1. [DEFINITIONS.] (a) "Eligible child" means a 108.30 child of the decedent who: 108.31 (1) is not the child of the surviving spouse, if any; 108.32 (2) if there is no surviving spouse, is not a minor, and 108.33 has a different parent than minor children of the decedent who108.34 are entitled to an allowance selection under section 525.15,108.35 clause (3); and 108.36 (3) if the decedent dies testate, is a devisee under the 109.1 decedent's will. 109.2 (b) "Sentimental value" means significant emotional or 109.3 nostalgic value arising out of the relationship of an individual 109.4 with the decedent or arising out of the relationship of the 109.5 eligible child with the individual who is the nondecedent parent 109.6 of the eligible child. 109.7 Sec. 167. Minnesota Statutes 1996, section 525.152, 109.8 subdivision 2, is amended to read: 109.9 Subd. 2. [INELIGIBLE PROPERTY.] The following property is 109.10 not eligible for an award under this section: 109.11 (1) real property; 109.12 (2) personal property that is the subject of a specific 109.13 devise under the decedent's will where the will was executed 109.14 before August 1, 1989, and where the devise specifically 109.15 identifies the particular item of property, unless the property 109.16 is selected under section 525.151524.2-403; 109.17 (3) personal property that is the subject of a specific 109.18 devise under a separate writing under section 524.2-513, unless 109.19 the property is selected under section 525.151524.2-403; and 109.20 (4) personal property disposed of by a premarital agreement. 109.21 Sec. 168. Minnesota Statutes 1996, section 525.152, 109.22 subdivision 3, is amended to read: 109.23 Subd. 3. [NOTICE TO ELIGIBLE CHILDREN; PETITION.] At the 109.24 time of an allowance selection under section 525.151524.2-403, 109.25 the person making the selection shall serve personally or by 109.26 mail a written itemized notice of the property selected to every 109.27 eligible child of the decedent. This requirement does not apply 109.28 if an award of property with sentimental value already has been 109.29 made under this section. Within 30 days of receipt of the 109.30 notice of selection, an eligible child may petition the court to 109.31 award property with sentimental value contained in the notice, 109.32 or other property with sentimental value that belonged to the 109.33 decedent, to the eligible child. 109.34 Sec. 169. [REVISOR'S INSTRUCTION; SECTIONS 626.843 TO 109.35 626.88.] 109.36 The revisor shall change the citation from section 626.855 110.1 to section 626.863 in the following sections of Minnesota 110.2 Statutes: 626.843; 626.845; 626.846; 626.847; 626.851; and 110.3 626.88. 110.4 Sec. 170. Laws 1995, chapter 220, section 7, subdivision 110.5 3, is amended to read: 110.6 Subd. 3. Promotion and Marketing 110.7 1,146,000 1,146,000 110.8 Summary by Fund 110.9 General 954,000 954,000 110.10 Special Revenue 192,000 192,000 110.11 Notwithstanding Minnesota Statutes, 110.12 section 41A.09, subdivision 33a, the 110.13 total payments from the ethanol 110.14 development account to all producers 110.15 may not exceed $25,000,000 for the 110.16 biennium ending June 30, 1997. If the 110.17 total amount for which all producers 110.18 are eligible in a quarter exceeds the 110.19 amount available for payments, the 110.20 commissioner shall make the payments on 110.21 a pro rata basis. 110.22 $100,000 the first year and $100,000 110.23 the second year are for ethanol 110.24 promotion and public education. 110.25 $100,000 the first year and $100,000 110.26 the second year must be spent for the 110.27 WIC coupon program. 110.28 $71,000 the first year and $71,000 the 110.29 second year are for transfer to the 110.30 Minnesota grown matching account and 110.31 may be used as grants for Minnesota 110.32 grown promotion under Minnesota 110.33 Statutes, section 17.109. 110.34 $192,000 the first year and $192,000 110.35 the second year are from the 110.36 commodities research and promotion 110.37 account in the special revenue fund. 110.38 Sec. 171. Laws 1996, chapter 310, section 1, is amended to 110.39 read: 110.40 Section 1. [REPEALER.] 110.41 Minnesota Statutes 1994, sections 1.17; 1.25; 1.331; 3.85, 110.42 subdivision 7; 4.02; 4.45; 6.26; 10.05; 10.38; 15.07; 15.09; 110.43 15.14; 15.15; 15.793; 15A.083, subdivisions 2 and 3; 15A.15; 110.44 17.14, subdivision 2; 17.351, subdivision 2; 17.47, subdivision 110.45 5; 17.53, subdivisions 4 and 11; 17.693, subdivisions 3 and 7; 110.46 17.81, subdivision 6; 17.981; 17A.03, subdivision 4; 18.46, 110.47 subdivision 14; 18.58; 18.77, subdivision 2; 18B.01, subdivision 111.1 16; 18B.065, subdivision 6; 18B.08, subdivision 5; 18C.105; 111.2 18C.531, subdivisions 6, 11, 19, 20, and 27; 19.50, subdivision 111.3 16; 19.64, subdivision 5; 21.72, subdivision 2; 21.81, 111.4 subdivision 18; 24.135, subdivisions 6 and 7; 24.165; 25.33, 111.5 subdivision 2; 25.44; 25.46; 27.01, subdivisions 1, 3, 6, and 111.6 and 9; 27.137, subdivisions 2, 3, 4, 6, and 8; 27.15; 29.21, 111.7 subdivision 2; 30.01, subdivision 2; 31.51, subdivisions 10 and 111.8 12; 31.782, subdivision 2; 31.92, subdivision 1a; 31A.02, 111.9 subdivision 3; 31A.30; 32.01, subdivisions 3 and 4; 32.077; 111.10 32.101; 32.201; 32.205; 32.207; 32.398, subdivision 2; 32.401, 111.11 subdivision 4; 32.411, subdivision 6; 32.471, subdivision 2; 111.12 32.485; 32.531, subdivisions 2, 3, and 4; 35.01, subdivision 4; 111.13 35.73, subdivision 3; 42.02, subdivision 2; 42.06, subdivision 111.14 4; 42.09, subdivision 3; 43A.082; 43A.27, subdivision 6; 111.15 43A.317, subdivision 11; 43A.47; 47.202; 62D.12, subdivision 12; 111.16 84.024; 84.083, subdivision 2; 87.01; 89.013; 89.014; 90.005, 111.17 subdivisions 1, 4, and 5; 115A.06, subdivision 4; 115A.08; 111.18 115A.09; 115A.14, subdivisions 1, 2, and 3; 115A.201; 115A.21; 111.19 115A.22; 115A.241; 115A.25; 115A.26; 115A.27; 115A.28, 111.20 subdivision 1; 115A.29; 115A.291; 115A.97, subdivision 4; 111.21 116J.974; 116J.981; 116J.986; 118.02; 118.08; 119.04, 111.22 subdivision 4; 124B.02; 124B.10; 124B.20, subdivisions 2 and 3; 111.23 136A.179; 137.03; 137.05; 137.06; 137.07; 137.08; 137.11; 111.24 137.14; 137.15; 137.33; 137.34, subdivision 2; 141.33; 141.34; 111.25 148B.34; 152.151; 161.041; 161.086; 166.01; 166.02; 166.03; 111.26 166.05; 166.06; 166.07; 166.08; 166.09; 166.10; 169.72, 111.27 subdivision 3; 175.001, subdivision 5; 175.002; 175.003; 111.28 175.004; 175.005; 175.006, subdivision 4; 175.34; 176.1011; 111.29 177.34; 186.01; 186.02; 186.03; 186.04; 186.05; 186.06; 186.07; 111.30 186.08; 190.10; 191.09; 193.145, subdivision 1; 196.06, 111.31 subdivision 2; 196.10; 196.11; 196.14; 196.15; 197.971; 197.972; 111.32 197.973; 197.974; 197.975; 197.976; 197.977; 197.978; 197.979; 111.33 197.98; 197.981; 197.982; 197.983; 197.984; 197.985; 197.986; 111.34 198.002, subdivision 4; 202A.17; 216C.19, subdivisions 10, 11, 111.35 and 12; 216C.21; 216C.22; 216C.23; 216C.24; 246.44; 246.45; 111.36 246.46; 251.011, subdivisions 1, 4, 4a, 7, and 8; 254.02; 112.1 256B.56; 256B.57; 256B.58; 256B.59; 256B.60; 256B.61; 256B.62; 112.2 256B.63; 256E.07, subdivision 1a; 256E.08, subdivision 9; 112.3 261.251; 275.064; 280.12; 280.13; 280.25; 280.26; 281.15; 112.4 281.26; 281.27; 295.01; 298.226; 298.244; 299D.01, subdivision 112.5 5; 299F.01, subdivision 3; 345.20, subdivision 6; 352B.265; 112.6 353.011; 367.411; 367.43; 373.013; 373.045; 374.03; 374.04; 112.7 374.06; 374.07; 374.22; 374.23; 375.24; 375.383; 375.435; 112.8 377.01; 377.03; 377.05; 383A.07, subdivisions 11, 21, 22, and 112.9 25; 383A.09; 383A.10; 383A.15; 383A.34; 383A.44; 383B.227; 112.10 383B.233; 383B.69; 383C.054; 383C.057; 383C.058; 383D.15; 112.11 383D.34; 383D.67; 386.375, subdivision 6; 388.19, subdivision 2; 112.12 390.26; 397.05; 397.06; 397.07; 397.08; 397.09; 397.10; 397.101; 112.13 397.102; 412.015, subdivision 1; 412.018, subdivision 2; 112.14 412.023, subdivision 4; 412.092; 441.01; 441.02; 441.03; 441.04; 112.15 441.05; 441.06; 441.07; 441.08; 441.09; 446A.10; 457.13; 112.16 458.1931; 458D.13; 465.681; 466.10; 466.12, subdivision 4; 112.17 471.74, subdivisions 1 and 3; 471.9975; 471.998; 471A.07; 112.18 473.204; 473.418; 473.608, subdivision 20; 473.855; 474.22; 112.19 475.75; 477A.011, subdivision 2; 477A.012, subdivisions 1, 3, 4, 112.20 7, and 8; 477A.013, subdivision 6; 477A.014, subdivision 1a; 112.21 487.12; 515B.1-110; 515B.1-111; 557.022; 611A.07, subdivision 2; 112.22 611A.23; 611A.42; 611A.44; 626.559, subdivision 4; 626.563, as 112.23 amended by Laws 1995, chapter 259, article 3, section 22; 112.24 626.855; and 641.111; Minnesota Statutes 1995 Supplement, 112.25 sections 17A.091, subdivision 2; 115A.14, subdivision 4; 112.26 124B.01; 124B.03; 124B.20, subdivision 1; 135A.10, subdivision 112.27 1; 136A.043; 471.74, subdivision 2; 474.191; 477A.012, 112.28 subdivision 2, are repealed. 112.29 ARTICLE 2 112.30 ABOLISHED REPORTS 112.31 PART A 112.32 Section 1. [IMPLEMENTING LAWS 1995, CHAPTER 248, ARTICLE 112.33 1.] 112.34 Subdivision 1. [INTENT.] This article implements Laws 112.35 1995, chapter 248, article 1, by 112.36 (1) conforming Minnesota Statutes, beginning in section 2, 113.1 to reflect the abolition of certain reporting requirements; 113.2 (2) listing, in subdivision 2, statutory citations to 113.3 reporting requirements retained by notification to the revisor 113.4 from committee chairs; 113.5 (3) listing, in subdivision 3, statutory citations to 113.6 reporting requirements which were, in 1995 or 1996, repealed, 113.7 stricken, or amended in a way suggesting continuation; 113.8 (4) listing, in subdivision 4, the status of all sections 113.9 in the original report not otherwise accounted for; and 113.10 (5) drafting conforming amendments in part B to account for 113.11 repeals listed in section 67. 113.12 Subd. 2. [REPORTS RETAINED BY COMMITTEE CHAIRS.] The 113.13 reporting requirements in these statutes were retained by 113.14 notification to the revisor from committee chairs: 3.30, 113.15 subdivision 2; 3.885, subdivision 5; 10.48; 69.051, subdivision 113.16 4; 84.154, subdivisions 4 and 5; 84B.11, subdivision 2; 115A.38, 113.17 subdivision 3; 116P.05, subdivision 2; 116P.06, subdivision 2; 113.18 121.81; 134.22; 135A.20; 240.18, subdivision 2; 270.74; 113.19 462A.207, subdivision 8; 473.123, subdivision 3; and 473.303. 113.20 Subd. 3. [REPORTS REPEALED, STRICKEN, OR RETAINED BY 113.21 AMENDMENT.] (a) Reporting requirements in these statutes 113.22 requiring periodic reports were repealed or stricken by 113.23 amendment in 1995 or 1996: 3.846; 3.861; 3.863; 3.885, 113.24 subdivision 1a; 3.9227; 14.115; 14.12; 14.32; 62N.34; 85.019; 113.25 103B.255, subdivision 9; 115A.165; 115A.551, subdivision 4 113.26 (report from metropolitan council); 116C.69, subdivision 3; 113.27 121.703, subdivision 3; 121.710, subdivision 2; 121.931, 113.28 subdivisions 3 and 4; 125.05, subdivision 7; 126.019, 113.29 subdivision 2; 126B.02; 135A.09; 136.142; 136.41; 136.507; 113.30 136A.02, subdivision 6; 136A.04, subdivision 1; 136A.041; 113.31 136A.42; 136A.86, subdivision 2; 136E.04, subdivision 3; 137.38, 113.32 subdivision 5; 144.874; 144.878; 144A.31, subdivision 5; 113.33 148C.035, subdivision 2; 168.33, subdivision 5; 245.494, 113.34 subdivision 2; 245.98, subdivision 3; 256.734, subdivision 3; 113.35 256B.0925, subdivision 3; and 393.07, subdivision 10 (note). 113.36 (b) Reporting requirements in these statutes were amended 114.1 in 1995 or 1996 in a way that did not indicate a clear intent to 114.2 abolish the reporting requirement: 13.06, subdivision 7; 14.08; 114.3 16B.75 (the report in article IX was mistakenly indicated as 114.4 being in article IV in the initial report); 144.05; 256C.28, 114.5 subdivisions 3, now 3a; and 6; and 299C.065, subdivisions 3 and 114.6 3a. 114.7 Subd. 4. [OTHER.] (a) The reporting requirement in section 114.8 115A.9157 is not imposed on a state agency and was mistakenly 114.9 included in "Required Periodic Reports to the Legislature." 114.10 (b) There are no explicit words requiring a report to the 114.11 legislature in sections 241.45, subdivision 2, and 360.015, 114.12 subdivision 8. 114.13 (c) Laws 1995, chapter 248, article 1, mistakenly refers to 114.14 section 17.114, subdivision 15, which should be section 17.117, 114.15 subdivision 15; section 469.055, subdivision 1, which should be 114.16 subdivision 2; and section 462A.207, subdivision 6, which should 114.17 be subdivision 8. 114.18 (d) No separate report is required by section 214.07, 114.19 subdivision 1a. 114.20 (e) A report required by section 10A.035, was required to 114.21 be saved by Laws 1995, chapter 248, article 1. There is no 114.22 section 10A.035. It is assumed that section 10A.335 was the 114.23 intended reference so the report in section 10A.335 is not 114.24 abolished. 114.25 (f) The following sections containing abolished reporting 114.26 requirements were renumbered: (1) 256H.195 to 119B.17, (2) 114.27 257.803 to 119A.13, and (3) 299A.30 to 119A.26. 114.28 Sec. 2. Minnesota Statutes 1996, section 3.873, 114.29 subdivision 5, is amended to read: 114.30 Subd. 5. [INFORMATION COLLECTION; INTERGOVERNMENTAL 114.31 COORDINATION.] (a) The commission may conduct public hearings 114.32 and otherwise collect data and information necessary to its 114.33 purposes. 114.34 (b) The commission may request information or assistance 114.35 from any state agency or officer to assist the commission in 114.36 performing its duties. The agency or officer shall promptly 115.1 furnish any information or assistance requested. 115.2 (c) The secretary of the senate and the chief clerk of the 115.3 house shall provide the commission with a copy of each bill 115.4 introduced in the legislature concerning children, youth, and 115.5 their families. 115.6 (d) Before implementing new or substantially revised115.7 programs relating to the subjects being studied by the115.8 commission under subdivision 7, the commissioner responsible for115.9 the program shall prepare an implementation plan for the program115.10 and shall submit the plan to the commission for review and115.11 comment. The commission may advise and make recommendations to115.12 the commissioner on the implementation of the program and may115.13 request the changes or additions in the plan it deems115.14 appropriate.115.15 (e) By July 1, 1991, the responsible state agency115.16 commissioners, including the commissioners of education, health,115.17 human services, economic security, and corrections, shall115.18 prepare data for presentation to the commission on the state115.19 programs to be examined by the commission under subdivision 7,115.20 paragraph (a).115.21 (f)To facilitate coordination between executive and 115.22 legislative authorities, the commission shall meet with the 115.23 children's cabinet. 115.24 Sec. 3. Minnesota Statutes 1996, section 3.873, 115.25 subdivision 7, is amended to read: 115.26 Subd. 7. [PRIORITIES.] The commission shall give priority 115.27 to studying and reporting to the legislatureon the matters 115.28 described in this subdivision. To the extent possible, the 115.29 commission shall consult with knowledgeable individuals in 115.30 communities throughout the state when developing recommendations 115.31 or preparing reportson these matters. 115.32 (a) The commission must study and report onmethods of 115.33 improving legislative consideration of children and family 115.34 issues and coordinating state agency programs relating to 115.35 children and families, including the desirability, feasibility, 115.36 and effects of creating a new state department of children's 116.1 services, or children and family services, in which would be 116.2 consolidated the responsibility for administering state programs 116.3 relating to children and families. 116.4 (b) The commission must study and report onmethods of 116.5 consolidating or coordinating local health, correctional, 116.6 educational, job, and human services, to improve the efficiency 116.7 and effectiveness of services to children and families and to 116.8 eliminate duplicative and overlapping services. The commission 116.9 shall evaluate and make recommendations on programs and projects 116.10 in this and other states that encourage or require local 116.11 jurisdictions to consolidate the delivery of services in schools 116.12 or other community centers to reduce the cost and improve the 116.13 coverage and accessibility of services. The commission must 116.14 study and recommend specific effectiveness measures to 116.15 accurately determine the efficacy of programs and services 116.16 provided to children and their families. The commission must 116.17 consider and recommend how to transform fragmented, 116.18 crisis-oriented delivery systems focused on remediation services 116.19 into flexible, comprehensive, well-coordinated, and 116.20 family-oriented delivery systems focused on prevention 116.21 services. The commission must review and evaluate what impact 116.22 the classification of data has on service providers' ability to 116.23 anticipate and meet the full range of families' needs. The116.24 commission must report on any laws, rules, or procedures that116.25 interfere with the effective delivery of community-based116.26 services to children and families.116.27 (c) The commission must study and report onmethods of 116.28 improving and coordinating educational, social, and health care 116.29 services that assist children and families during the early 116.30 childhood years. The commission's study must include an 116.31 evaluation of the following: early childhood health and 116.32 development screening services, headstart, child care, early 116.33 childhood family education, and parents' involvement in programs 116.34 meeting the social, cognitive, physical, and emotional needs of 116.35 children. 116.36 (d) The commission must study and report onmethods of 117.1 improving and coordinating the practices of judicial, 117.2 correctional, and social service agencies in placing juvenile 117.3 offenders and children who are in need of protective services or 117.4 treatment. 117.5 (e) The commission must study and recommend constructive 117.6 changes in preventive, community-based programs that encourage 117.7 children and youth to responsibly serve their community. 117.8 (f) The legislative commission on children, youth, and117.9 their families and the children's cabinet must study and make117.10 joint recommendations regarding a state-level governance117.11 structure to deliver funding and coordinate policy for children117.12 and their families. These recommendations may include117.13 structural changes to minimize barriers to and actively promote117.14 collaborating and integrating services for children and families117.15 in the community. The commission and cabinet must jointly117.16 evaluate the need for a new cabinet-level agency for children.117.17 The commission and cabinet shall report their findings and117.18 recommendations to the legislature by January 15, 1994.117.19 Sec. 4. Minnesota Statutes 1996, section 9.041, 117.20 subdivision 2, is amended to read: 117.21 Subd. 2. [LEGISLATIVE ACTION; SMALL CLAIMS.] The executive117.22 council shall refer its findings and conclusions to the117.23 legislature for confirmation andNo adjustment or settlement of 117.24 any claim by the executive council is final until ratified by 117.25 the legislature. The executive council may make final 117.26 settlement and adjustment of individual claims of settlers or 117.27 Indian allottees, where the land in question does not exceed 100 117.28 acres. 117.29 Sec. 5. Minnesota Statutes 1996, section 16A.276, is 117.30 amended to read: 117.31 16A.276 [CASH OVERAGE AND SHORTAGE ACCOUNT.] 117.32 The commissioner may keep accounts to record daily the 117.33 difference between actual and recorded cash receipts including 117.34 losses from forged and uncollectible checks. At the end of the 117.35 fiscal year, the commissioner shall clear the accounts by 117.36 transferring the balances to the general fund and paying the 118.1 deficits from operating accounts of the agencies charged with 118.2 the deficit and shall report an adjustment to the legislative118.3 audit commission. 118.4 Sec. 6. Minnesota Statutes 1996, section 17.138, 118.5 subdivision 2, is amended to read: 118.6 Subd. 2. [COORDINATION OF RESEARCH.] The commissioner 118.7 shall coordinate manure management research and monitoring and 118.8 make recommendations on manure management research and 118.9 monitoring funding priorities to the legislature and other118.10 funding bodies other than the legislature. 118.11 Sec. 7. Minnesota Statutes 1996, section 45.027, 118.12 subdivision 1, is amended to read: 118.13 Subdivision 1. [GENERAL POWERS.] In connection with the 118.14 duties and responsibilities entrusted to the commissioner, and 118.15 Laws 1993, chapter 361, section 2, the commissioner of commerce 118.16 may: 118.17 (1) make public or private investigations within or without 118.18 this state as the commissioner considers necessary to determine 118.19 whether any person has violated or is about to violate any law, 118.20 rule, or order related to the duties and responsibilities 118.21 entrusted to the commissioner; 118.22 (2) require or permit any person to file a statement in 118.23 writing, under oath or otherwise as the commissioner determines, 118.24 as to all the facts and circumstances concerning the matter 118.25 being investigated; 118.26 (3) hold hearings, upon reasonable notice, in respect to 118.27 any matter arising out of the duties and responsibilities 118.28 entrusted to the commissioner; 118.29 (4) conduct investigations and hold hearings for the 118.30 purpose of compiling information with a view to recommending118.31 changes to the legislature in the lawsrelated to the duties and 118.32 responsibilities entrusted to the commissioner; 118.33 (5) examine the books, accounts, records, and files of 118.34 every licensee, and of every person who is engaged in any 118.35 activity regulated; the commissioner or a designated 118.36 representative shall have free access during normal business 119.1 hours to the offices and places of business of the person, and 119.2 to all books, accounts, papers, records, files, safes, and 119.3 vaults maintained in the place of business; 119.4 (6) publish information which is contained in any order 119.5 issued by the commissioner; and 119.6 (7) require any person subject to duties and 119.7 responsibilities entrusted to the commissioner, to report all 119.8 sales or transactions that are regulated. The reports must be 119.9 made within ten days after the commissioner has ordered the 119.10 report. The report is accessible only to the respondent and 119.11 other governmental agencies unless otherwise ordered by a court 119.12 of competent jurisdiction. 119.13 Sec. 8. Minnesota Statutes 1996, section 119A.13, 119.14 subdivision 3, is amended to read: 119.15 Subd. 3. [PLAN FOR DISBURSEMENT OF FUNDS.] By June 1, 119.16 1987, the commissioner, assisted by the advisory council, shall 119.17 develop a plan to disburse money from the trust fund. In 119.18 developing the plan, the commissioner shall review prevention 119.19 programs. The plan must ensure that all geographic areas of the 119.20 state have an equal opportunity to establish prevention programs 119.21 and receive trust fund money. Biennially thereafter the 119.22 commissioner shall send the plan to the legislature andthe 119.23 governor by January 1 of each odd-numbered year. 119.24 Sec. 9. Minnesota Statutes 1996, section 119A.13, 119.25 subdivision 4, is amended to read: 119.26 Subd. 4. [RESPONSIBILITIES OF THE COMMISSIONER.] (a) The 119.27 commissioner shall: 119.28 (1) provide for the coordination and exchange of 119.29 information on the establishment and maintenance of prevention 119.30 programs; 119.31 (2) develop and publish criteria for receiving trust fund 119.32 money by prevention programs; 119.33 (3) review, approve, and monitor the spending of trust fund 119.34 money by prevention programs; 119.35 (4) provide statewide educational and public informational 119.36 seminars to develop public awareness on preventing child abuse; 120.1 to encourage professional persons and groups to recognize 120.2 instances of child abuse and work to prevent them; to make 120.3 information on child abuse prevention available to the public 120.4 and to organizations and agencies; and to encourage the 120.5 development of prevention programs; 120.6 (5) establish a procedure for an annual, internal 120.7 evaluation of the functions, responsibilities, and performance 120.8 of the commissioner in carrying out Laws 1986, chapter 423. In 120.9 a year in which the state plan is prepared, the evaluation must 120.10 be coordinated with the preparation of the state plan; 120.11 (6) provide technical assistance to local councils and 120.12 agencies working in the area of child abuse prevention; and 120.13 (7) accept and review grant applications beginning June 1, 120.14 1987. 120.15 (b) The commissioner shall recommend to the governor and120.16 the legislaturechanges in state programs, statutes, policies, 120.17 budgets, and standards that will reduce the problems of child 120.18 abuse, improve coordination among state agencies that provide 120.19 prevention services, and improve the condition of children, 120.20 parents, or guardians in need of prevention program services. 120.21 Sec. 10. Minnesota Statutes 1996, section 119A.26, 120.22 subdivision 2, is amended to read: 120.23 Subd. 2. [DUTIES.] (a) The assistant commissioner shall: 120.24 (1) gather, develop, and make available throughout the 120.25 state information and educational materials on preventing and 120.26 reducing violence in the family and in the community, both 120.27 directly and by serving as a clearinghouse for information and 120.28 educational materials from schools, state and local agencies, 120.29 community service providers, and local organizations; 120.30 (2) foster collaboration among schools, state and local 120.31 agencies, community service providers, and local organizations 120.32 that assist in violence intervention or prevention; 120.33 (3) assist schools, state and local agencies, service 120.34 providers, and organizations, on request, with training and 120.35 other programs designed to educate individuals about violence 120.36 and reinforce values that contribute to ending violence; 121.1 (4) after consulting with all state agencies involved in 121.2 preventing or reducing violence within the family or community, 121.3 develop a statewide strategy for preventing and reducing 121.4 violence that encompasses the efforts of those agencies and 121.5 takes into account all money available for preventing or 121.6 reducing violence from any source; 121.7 (5) submit the strategy to the governor and the legislature121.8 by January 15 of each calendar year, along with a summary of 121.9 activities occurring during the previous year to prevent or 121.10 reduce violence experienced by children, young people, and their 121.11 families; and 121.12 (6) assist appropriate professional and occupational 121.13 organizations, including organizations of law enforcement 121.14 officers, prosecutors, and educators, in developing and 121.15 operating informational and training programs to improve the 121.16 effectiveness of activities to prevent or reduce violence within 121.17 the family or community. 121.18 (b) The assistant commissioner shall gather and make 121.19 available information on prevention and supply reduction 121.20 activities throughout the state, foster cooperation among 121.21 involved state and local agencies, and assist agencies and 121.22 public officials in training and other programs designed to 121.23 improve the effectiveness of prevention and supply reduction 121.24 activities. 121.25 (c) The assistant commissioner shall coordinate the 121.26 distribution of funds received by the state of Minnesota through 121.27 the federal Anti-Drug Abuse Act. The assistant commissioner 121.28 shall recommend to the commissioner recipients of grants under 121.29 sections 119A.30 and 299A.33, after consultation with the 121.30 chemical abuse prevention resource council. 121.31 (d) The assistant commissioner shall: 121.32 (1) after consultation with all state agencies involved in 121.33 prevention or supply reduction activities, develop a state 121.34 chemical abuse and dependency strategy encompassing the efforts 121.35 of those agencies and taking into account all money available 121.36 for prevention and supply reduction activities, from any source; 122.1 (2) submit the strategy to the governor and the legislature122.2 by January 15 of each year, along with a summary of prevention 122.3 and supply reduction activities during the preceding calendar 122.4 year; 122.5 (3) assist appropriate professional and occupational 122.6 organizations, including organizations of law enforcement 122.7 officers, prosecutors, and educators, in developing and 122.8 operating informational and training programs to improve the 122.9 effectiveness of prevention and supply reduction activities; 122.10 (4) provide information, including information on drug 122.11 trends, and assistance to state and local agencies, both 122.12 directly and by functioning as a clearinghouse for information 122.13 from other agencies; 122.14 (5) facilitate cooperation among drug program agencies; and 122.15 (6) in coordination with the chemical abuse prevention 122.16 resource council, review, approve, and coordinate the 122.17 administration of prevention, criminal justice, and treatment 122.18 grants. 122.19 Sec. 11. Minnesota Statutes 1996, section 119B.17, 122.20 subdivision 3, is amended to read: 122.21 Subd. 3. [DUTIES AND POWERS.] The council has the 122.22 following duties and powers: 122.23 (1) develop a biennial plan for early childhood care and 122.24 education in the state; 122.25 (2) take a leadership role in developing its 122.26 recommendations in conjunction with the recommendations of other 122.27 state agencies on the state budget for early childhood care and 122.28 education; 122.29 (3) apply for and receive state money and public and 122.30 private grant money; 122.31 (4) participate in and facilitate the development of 122.32 interagency agreements on early childhood care and education 122.33 issues; 122.34 (5) review state agency policies on early childhood care 122.35 and education issues so that they do not conflict; 122.36 (6) advocate for an effective and coordinated early 123.1 childhood care and education system with state agencies and 123.2 programs; 123.3 (7) study the need for child care funding for special 123.4 populations whose needs are not being met by current programs; 123.5 (8) ensure that the early childhood care and education 123.6 system reflects community diversity; and 123.7 (9) be responsible for advocating policies and funding for 123.8 early childhood care and education ; and123.9 (10) provide a report to the legislature on January 1 of123.10 every odd-numbered year, containing a description of the123.11 activities and the work plan of the council and any legislative123.12 recommendations developed by the council. 123.13 Sec. 12. Minnesota Statutes 1996, section 124A.711, 123.14 subdivision 2, is amended to read: 123.15 Subd. 2. [DETERMINATION OF AID.] The total amount of 123.16 support services aid shall be determined according to indices 123.17 for each service recommended by the commissioner of children, 123.18 families, and learning after consultations with appropriate 123.19 state agencies, educators, and other interested persons. The123.20 commissioner shall recommend indices and aid amounts to the123.21 legislature by February 1 of each odd-numbered year.The 123.22 indices shall reflect the need for each service based on the 123.23 economic, geographic, demographic, and other appropriate 123.24 characteristics of each district. 123.25 Sec. 13. Minnesota Statutes 1996, section 144.056, is 123.26 amended to read: 123.27 144.056 [PLAIN LANGUAGE IN WRITTEN MATERIALS.] 123.28 (a) To the extent reasonable and consistent with the goals 123.29 of providing easily understandable and readable materials and 123.30 complying with federal and state laws governing the program, all 123.31 written materials relating to determinations of eligibility for 123.32 or amounts of benefits that will be given to applicants for or 123.33 recipients of assistance under a program administered or 123.34 supervised by the commissioner of health must be understandable 123.35 to a person who reads at the seventh-grade level, using the 123.36 Flesch scale analysis readability score as determined under 124.1 section 72C.09. 124.2 (b) All written materials relating to services and 124.3 determinations of eligibility for or amounts of benefits that 124.4 will be given to applicants for or recipients of assistance 124.5 under programs administered or supervised by the commissioner of 124.6 health must be developed to satisfy the plain language 124.7 requirements of the plain language contract act under sections 124.8 325G.29 to 325G.36. Materials may be submitted to the attorney 124.9 general for review and certification. Notwithstanding section 124.10 325G.35, subdivision 1, the attorney general shall review 124.11 submitted materials to determine whether they comply with the 124.12 requirements of section 325G.31. The remedies available 124.13 pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to 124.14 these materials. Failure to comply with this section does not 124.15 provide a basis for suspending the implementation or operation 124.16 of other laws governing programs administered by the 124.17 commissioner. 124.18 (c) The requirements of this section apply to all materials 124.19 modified or developed by the commissioner on or after July 1, 124.20 1988. The requirements of this section do not apply to 124.21 materials that must be submitted to a federal agency for 124.22 approval to the extent that application of the requirements 124.23 prevents federal approval. 124.24 (d) Nothing in this section may be construed to prohibit a 124.25 lawsuit brought to require the commissioner to comply with this 124.26 section or to affect individual appeal rights under the special 124.27 supplemental food program for women, infants, and children 124.28 granted pursuant to federal regulations under the Code of 124.29 Federal Regulations, chapter 7, section 246. 124.30 (e) The commissioner shall report annually to the chairs of124.31 the health and human services divisions of the senate finance124.32 committee and the house of representatives appropriations124.33 committee on the number and outcome of cases that raise the124.34 issue of the commissioner's compliance with this section.124.35 Sec. 14. Minnesota Statutes 1996, section 144.062, is 124.36 amended to read: 125.1 144.062 [VACCINE COST REDUCTION PROGRAM.] 125.2 The commissioner of administration, after consulting with 125.3 the commissioner of health, shall negotiate discounts or rebates 125.4 on vaccine or may purchase vaccine at reduced prices. Vaccines 125.5 may be offered for sale to medical care providers at the 125.6 department's cost plus a fee for administrative costs. As a 125.7 condition of receiving the vaccine at reduced cost, a medical 125.8 care provider must agree to pass on the savings to patients. 125.9 The commissioner of health may transfer money appropriated for 125.10 other department of health programs to the commissioner of 125.11 administration for the initial cost of purchasing vaccine, 125.12 provided the money is repaid by the end of each state fiscal 125.13 year and the commissioner of finance approves the transfer. 125.14 Proceeds from the sale of vaccines to medical care providers, 125.15 including fees collected for administrative costs, are 125.16 appropriated to the commissioner of administration. If the 125.17 commissioner of administration, in consultation with the 125.18 commissioner of health, determines that a vaccine cost reduction 125.19 program is not economically feasible or cost-effective, the 125.20 commissioner may elect not to implement the program but shall125.21 provide a report to the legislature that explains the reasons125.22 for the decision. 125.23 Sec. 15. Minnesota Statutes 1996, section 144.092, is 125.24 amended to read: 125.25 144.092 [COORDINATED NUTRITION DATA COLLECTION.] 125.26 The commissioner of health may develop and coordinate a 125.27 reporting system to improve the state's ability to document 125.28 inadequate nutrient and food intake of Minnesota's children and 125.29 adults and to identify problems and determine the most 125.30 appropriate strategies for improving inadequate nutritional 125.31 status. The board on aging may develop a method to evaluate the 125.32 nutritional status and requirements of the elderly in 125.33 Minnesota. The commissioner of health and the board on aging125.34 may report to the legislature on each July 1, beginning in 1988,125.35 on the results of their investigation and their recommendations125.36 on the nutritional needs of Minnesotans.126.1 Sec. 16. Minnesota Statutes 1996, section 144A.33, 126.2 subdivision 5, is amended to read: 126.3 Subd. 5. [ REPORT;EVALUATION.] Each year the Minnesota 126.4 board on aging shall evaluate the programs and funding sources 126.5 established under this section and report to the legislature by126.6 February 1 of each year concerning the programs established and126.7 the effectiveness of the programs. 126.8 Sec. 17. Minnesota Statutes 1996, section 144A.53, 126.9 subdivision 1, is amended to read: 126.10 Subdivision 1. [POWERS.] The director may: 126.11 (a) Promulgate by rule, pursuant to chapter 14, and within 126.12 the limits set forth in subdivision 2, the methods by which 126.13 complaints against health facilities, health care providers, 126.14 home care providers, or residential care homes, or 126.15 administrative agencies are to be made, reviewed, investigated, 126.16 and acted upon; provided, however, that a fee may not be charged 126.17 for filing a complaint. 126.18 (b) Recommend legislation and changes in rules to the state 126.19 commissioner of health, legislature,governor, administrative 126.20 agencies or the federal government. 126.21 (c) Investigate, upon a complaint or upon initiative of the 126.22 director, any action or failure to act by a health care 126.23 provider, home care provider, residential care home, or a health 126.24 facility. 126.25 (d) Request and receive access to relevant information, 126.26 records, incident reports, or documents in the possession of an 126.27 administrative agency, a health care provider, a home care 126.28 provider, a residential care home, or a health facility, and 126.29 issue investigative subpoenas to individuals and facilities for 126.30 oral information and written information, including privileged 126.31 information which the director deems necessary for the discharge 126.32 of responsibilities. For purposes of investigation and securing 126.33 information to determine violations, the director need not 126.34 present a release, waiver, or consent of an individual. The 126.35 identities of patients or residents must be kept private as 126.36 defined by section 13.02, subdivision 12. 127.1 (e) Enter and inspect, at any time, a health facility or 127.2 residential care home and be permitted to interview staff; 127.3 provided that the director shall not unduly interfere with or 127.4 disturb the provision of care and services within the facility 127.5 or home or the activities of a patient or resident unless the 127.6 patient or resident consents. 127.7 (f) Issue correction orders and assess civil fines pursuant 127.8 to section 144.653 or any other law which provides for the 127.9 issuance of correction orders to health facilities or home care 127.10 provider, or under section 144A.45. A facility's or home's 127.11 refusal to cooperate in providing lawfully requested information 127.12 may also be grounds for a correction order. 127.13 (g) Recommend the certification or decertification of 127.14 health facilities pursuant to Title XVIII or XIX of the United 127.15 States Social Security Act. 127.16 (h) Assist patients or residents of health facilities or 127.17 residential care homes in the enforcement of their rights under 127.18 Minnesota law. 127.19 (i) Work with administrative agencies, health facilities, 127.20 home care providers, residential care homes, and health care 127.21 providers and organizations representing consumers on programs 127.22 designed to provide information about health facilities to the 127.23 public and to health facility residents. 127.24 Sec. 18. Minnesota Statutes 1996, section 144A.54, 127.25 subdivision 1, is amended to read: 127.26 Subdivision 1. [DIRECTOR; DUTIES.] Except as otherwise 127.27 provided by this section, the director may determine the form, 127.28 frequency, and distribution of the conclusions and 127.29 recommendations. The director shall transmit the conclusions 127.30 and recommendations to the state commissioner of health and the127.31 legislature. Before announcing a conclusion or recommendation 127.32 that expressly or by implication criticizes an administrative 127.33 agency, a health care provider, a home care provider, a 127.34 residential care home, or a health facility, the director shall 127.35 consult with that agency, health care provider, home care 127.36 provider, home, or facility. When publishing an opinion adverse 128.1 to an administrative agency, a health care provider, a home care 128.2 provider, a residential care home, or a health facility, the 128.3 director shall include in the publication any statement of 128.4 reasonable length made to the director by that agency, health 128.5 care provider, home care provider, residential care home, or 128.6 health facility in defense or explanation of the action. 128.7 Sec. 19. Minnesota Statutes 1996, section 144A.54, 128.8 subdivision 2, is amended to read: 128.9 Subd. 2. [ANNUAL REPORT.] In addition to whatever other 128.10 reports the director may make, the director shall, at the end of 128.11 each year, report to the state commissioner of health and the128.12 legislatureconcerning the exercise of the director's functions 128.13 during the preceding year. The state commissioner of health 128.14 may, at any time, request and receive information, other than 128.15 resident records, from the director. 128.16 Sec. 20. Minnesota Statutes 1996, section 145.894, is 128.17 amended to read: 128.18 145.894 [STATE COMMISSIONER OF HEALTH; DUTIES, 128.19 RESPONSIBILITIES.] 128.20 The commissioner of health shall: 128.21 (a) develop a comprehensive state plan for the delivery of 128.22 nutritional supplements to pregnant and lactating women, 128.23 infants, and children; 128.24 (b) contract with existing local public or private 128.25 nonprofit organizations for the administration of the 128.26 nutritional supplement program; 128.27 (c) develop and implement a public education program 128.28 promoting the provisions of sections 145.891 to 145.897, and 128.29 provide for the delivery of individual and family nutrition 128.30 education and counseling at project sites. The education 128.31 programs must include a campaign to promote breast feeding; 128.32 (d) develop in cooperation with other agencies and vendors 128.33 a uniform state voucher system for the delivery of nutritional 128.34 supplements; 128.35 (e) authorize local health agencies to issue vouchers 128.36 bimonthly to some or all eligible individuals served by the 129.1 agency, provided the agency demonstrates that the federal 129.2 minimum requirements for providing nutrition education will 129.3 continue to be met and that the quality of nutrition education 129.4 and health services provided by the agency will not be adversely 129.5 impacted; 129.6 (f) investigate and implement a system to reduce the cost 129.7 of nutritional supplements and maintain ongoing negotiations 129.8 with nonparticipating manufacturers and suppliers to maximize 129.9 cost savings; 129.10 (g) develop, analyze, and evaluate the health aspects of 129.11 the nutritional supplement program and establish nutritional 129.12 guidelines for the program; 129.13 (h) apply for, administer, and annually expend at least 99 129.14 percent of available federal or private funds; 129.15 (i) aggressively market services to eligible individuals by 129.16 conducting ongoing outreach activities and by coordinating with 129.17 and providing marketing materials and technical assistance to 129.18 local human services and community service agencies and 129.19 nonprofit service providers; 129.20 (j) determine, on July 1 of each year, the number of 129.21 pregnant women participating in each special supplemental food 129.22 program for women, infants, and children (W.I.C.) and, in 1986, 129.23 1987, and 1988, at the commissioner's discretion, designate a 129.24 different food program deliverer if the current deliverer fails 129.25 to increase the participation of pregnant women in the program 129.26 by at least ten percent over the previous year's participation 129.27 rate; 129.28 (k) promulgate all rules necessary to carry out the 129.29 provisions of sections 145.891 to 145.897; and 129.30 (l) report to the legislature by November 15 of every year129.31 on the expenditures and activities under sections 145.891 to129.32 145.897 of the state and local health agencies for the preceding129.33 fiscal year; and129.34 (m)ensure that any state appropriation to supplement the 129.35 federal program is spent consistent with federal requirements. 129.36 Sec. 21. Minnesota Statutes 1996, section 152.02, 130.1 subdivision 13, is amended to read: 130.2 Subd. 13. Annually, the state board of pharmacy shall 130.3 study the implementation of this chapter in relation to the 130.4 problems of drug abuse in Minnesota and shall report to the130.5 legislature annually on or before December 1, their130.6 recommendations concerning amendments to this chapter. 130.7 Sec. 22. Minnesota Statutes 1996, section 152.21, 130.8 subdivision 3, is amended to read: 130.9 Subd. 3. [RESEARCH GRANT.] The commissioner of health 130.10 shall grant funds to the principal investigator selected by the 130.11 commissioner pursuant to subdivision 4 for the purpose of 130.12 conducting a research program under a protocol approved by the 130.13 FDA regarding the therapeutic use of oral THC and other dosage 130.14 forms, if available, according to the guidelines and 130.15 requirements of the federal food and drug administration, the 130.16 drug enforcement administration and the national institute on 130.17 drug abuse. The commissioner shall ensure that the research 130.18 principal investigator complies with the requirements of 130.19 subdivision 5. The commissioner may designate the principal 130.20 investigator as the sponsor. 130.21 The commissioner shall report to the legislature on January130.22 1 of each odd-numbered year on the number of oncologists and130.23 patients involved in the program and the results available at130.24 that date regarding the effects of therapeutic use of THC on130.25 patients involved in the program. The commissioner shall also130.26 report on the current status of THC under the federal Food, Drug130.27 and Cosmetic Act and the federal Controlled Substances Act.130.28 Sec. 23. Minnesota Statutes 1996, section 161.10, is 130.29 amended to read: 130.30 161.10 [INVESTIGATIONS, RECOMMENDATIONS, REPORTS.] 130.31 When practicable the commissioner shall investigate and 130.32 determine the location of road material in the state, ascertain 130.33 the most approved methods of construction and improvement of 130.34 roads, investigate the most approved laws in relation to roads 130.35 in other states and hold public meetings throughout the state 130.36 when deemed advisable. On or before November 15 on each 131.1 even-numbered year the commissioner shall make a printed report 131.2 to the governor and the legislaturestating the condition, 131.3 management, and financial transactions of the transportation 131.4 department, including a statement of the expense incurred in 131.5 maintaining such department; the number of miles of roads built 131.6 or improved during the preceding two fiscal years and their 131.7 cost; the general character and location of material suitable 131.8 for road construction; the general character and needs of the 131.9 roads of the state; the name, location, size, and description of 131.10 each state trail, state water access site, and state rest area 131.11 established by the commissioner since the last report; and 131.12 recommend such legislation as the commissioner deems advisable. 131.13 The report shall be transmitted by the governor to the131.14 legislature.131.15 Sec. 24. Minnesota Statutes 1996, section 161.1419, 131.16 subdivision 7, is amended to read: 131.17 Subd. 7. [ REPORT TO LEGISLATUREPROGRAM REVIEW.] The 131.18 commission may review the programs of the various interstate 131.19 compacts, studies, planning groups and commissions involved in 131.20 water and land use activities along the Mississippi river in 131.21 Minnesota and report to the legislature biennially any131.22 duplication of programs and funding as well as its131.23 recommendations for new legislation. 131.24 Sec. 25. Minnesota Statutes 1996, section 192.551, is 131.25 amended to read: 131.26 192.551 [ARMY REGULATIONS TO APPLY.] 131.27 All money and property received from any source for the 131.28 military forces shall be kept, disbursed, and accounted for as 131.29 prescribed by army regulations, where applicable, otherwise as 131.30 prescribed by state rules. All such accounts shall be examined 131.31 and audited at least once annually by officers of the military 131.32 forces detailed by the adjutant general as military auditors. 131.33 The adjutant general shall file a copy of the report of every131.34 such examination with the legislative auditor. This shall not131.35 preclude other examinations of such accounts by the legislative131.36 auditor as authorized by law.The legislative auditor may 132.1 appoint any military auditor as an assistant examiner, with all 132.2 the powers incident thereto, in connection with the examination 132.3 of such accounts. The provisions of the state civil service act 132.4 shall not be applicable to such appointments. 132.5 Sec. 26. Minnesota Statutes 1996, section 197.133, is 132.6 amended to read: 132.7 197.133 [DISPOSAL OF PROPERTY AND EXPIRATION OF THE BOARD 132.8 OF GOVERNORS.] 132.9 If a majority of the board determines that the disposal of 132.10 the camp or a portion of the camp is in the best interests of 132.11 Minnesota veterans, or if the camp is not used solely as a camp 132.12 for and by disabled and other veterans and their families and 132.13 operated and maintained in compliance with all state, federal, 132.14 and local laws, the board may dispose of the property at market 132.15 value as provided in this section. Before disposing of the 132.16 property, the board shall give notice by certified mail to the 132.17 commissioner of veterans affairs of its decision to dispose of 132.18 the property. The commissioner shall publish the notice in the 132.19 State Register. Interested governmental agencies have until the 132.20 end of the next legislative session after the notice to 132.21 appropriate money to purchase the property. 132.22 Proceeds realized from the disposal of the property and any 132.23 assets on hand at the time of the disposal of the property, must 132.24 be placed in an irrevocable trust to be used for the initiation 132.25 or maintenance of veterans programs in the state of Minnesota. 132.26 Trustees must be appointed in the same manner as provided for 132.27 under section 197.131. The trustees shall consult with the 132.28 commissioner of veterans affairs to determine the needs of 132.29 Minnesota veterans and provide the commissioner and the132.30 committee on general legislation and veterans affairs of the132.31 house of representatives and the committee on veterans and132.32 general legislation in the senatewith an annual written report 132.33 on the trust. The commissioner must approve all expenditures 132.34 from the trust. A certified audit of all assets, expenditures, 132.35 and property must be conducted prior to any disposition of any 132.36 assets under the control of the board. Any board member who 133.1 would benefit directly or indirectly financially from the sale 133.2 of this property must be removed by the board and a successor 133.3 appointed as provided by section 197.131. Upon final 133.4 disposition of all assets to the trust, the board must disband. 133.5 Should the assets of the trust be exhausted, the trust must be 133.6 terminated. 133.7 Sec. 27. Minnesota Statutes 1996, section 214.07, 133.8 subdivision 1, is amended to read: 133.9 Subdivision 1. [BOARD REPORTS.] The health-related 133.10 licensing boards and the non-health-related licensing boards 133.11 shall prepare reports according to this subdivision and 133.12 subdivision 1a by October 1 of each even-numbered year. Copies 133.13 of the reports shall be delivered to the legislature in133.14 accordance with section 3.195, andto the governor. Copies of 133.15 the reports of the health-related licensing boards shall also be 133.16 delivered to the commissioner of health. The reports shall 133.17 contain the following information relating to the two-year 133.18 period ending the previous June 30: 133.19 (a) a general statement of board activities; 133.20 (b) the number of meetings and approximate total number of 133.21 hours spent by all board members in meetings and on other board 133.22 activities; 133.23 (c) the receipts and disbursements of board funds; 133.24 (d) the names of board members and their addresses, 133.25 occupations, and dates of appointment and reappointment to the 133.26 board; 133.27 (e) the names and job classifications of board employees; 133.28 (f) a brief summary of board rules proposed or adopted 133.29 during the reporting period with appropriate citations to the 133.30 State Register and published rules; 133.31 (g) the number of persons having each type of license and 133.32 registration issued by the board as of June 30 in the year of 133.33 the report; 133.34 (h) the locations and dates of the administration of 133.35 examinations by the board; 133.36 (i) the number of persons examined by the board with the 134.1 persons subdivided into groups showing age categories, sex, and 134.2 states of residency; 134.3 (j) the number of persons licensed or registered by the 134.4 board after taking the examinations referred to in clause (h) 134.5 with the persons subdivided by age categories, sex, and states 134.6 of residency; 134.7 (k) the number of persons not licensed or registered by the 134.8 board after taking the examinations referred to in clause (h) 134.9 with the persons subdivided by age categories, sex, and states 134.10 of residency; 134.11 (l) the number of persons not taking the examinations 134.12 referred to in clause (h) who were licensed or registered by the 134.13 board or who were denied licensing or registration with the 134.14 reasons for the licensing or registration or denial thereof and 134.15 with the persons subdivided by age categories, sex, and states 134.16 of residency; 134.17 (m) the number of persons previously licensed or registered 134.18 by the board whose licenses or registrations were revoked, 134.19 suspended, or otherwise altered in status with brief statements 134.20 of the reasons for the revocation, suspension or alteration; 134.21 (n) the number of written and oral complaints and other 134.22 communications received by the executive director or executive 134.23 secretary of the board, a board member, or any other person 134.24 performing services for the board (1) which allege or imply a 134.25 violation of a statute or rule which the board is empowered to 134.26 enforce and (2) which are forwarded to other agencies as 134.27 required by section 214.10; 134.28 (o) a summary, by specific category, of the substance of 134.29 the complaints and communications referred to in clause (n) and, 134.30 for each specific category, the responses or dispositions 134.31 thereof pursuant to section 214.10 or 214.11; 134.32 (p) any other objective information which the board members 134.33 believe will be useful in reviewing board activities. 134.34 Sec. 28. Minnesota Statutes 1996, section 214.13, 134.35 subdivision 5, is amended to read: 134.36 Subd. 5. [RECOMMENDATION ON REGULATION; APPLICATION 135.1 RENEWAL.] The commissioner of health shall exercise care to 135.2 prevent the proliferation of unessential registered human 135.3 services occupations. IfIn evaluating a currently unregistered 135.4 occupation the commissioner determinesmay determine that 135.5 registration of the occupation is not appropriate, but that 135.6 implementation of another mode as set forth in section 214.001, 135.7 subdivision 3, is appropriate the commissioner shall promptly so135.8 report to the legislature. For a period of two years after a 135.9 determination by the commissioner as to the appropriate 135.10 regulatory mode, if any, for an occupational applicant group, 135.11 the same or substantially equivalent group may not submit a 135.12 letter of intent to enter the credentialing process, unless 135.13 invited to do so by the commissioner. 135.14 Sec. 29. Minnesota Statutes 1996, section 237.70, 135.15 subdivision 7, is amended to read: 135.16 Subd. 7. [ADMINISTRATION.] The telephone assistance plan 135.17 must be administered jointly by the commission, the department 135.18 of human services, and the telephone companies in accordance 135.19 with the following guidelines: 135.20 (a) The commission and the department of human services 135.21 shall develop an application form that must be completed by the 135.22 subscriber for the purpose of certifying eligibility for 135.23 telephone assistance plan credits to the department of human 135.24 services. The application must contain the applicant's social 135.25 security number. Applicants who refuse to provide a social 135.26 security number will be denied telephone assistance plan 135.27 credits. The application form must include provisions for the 135.28 applicant to show the name of the applicant's telephone 135.29 company. The application must also advise the applicant to 135.30 submit the required proof of age or disability, and income and 135.31 must provide examples of acceptable proof. The application must 135.32 state that failure to submit proof with the application will 135.33 result in the applicant being found ineligible. Each telephone 135.34 company shall annually mail a notice of the availability of the 135.35 telephone assistance plan to each residential subscriber in a 135.36 regular billing and shall mail the application form to customers 136.1 when requested. 136.2 The notice must state the following: 136.3 YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE 136.4 BILL IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED AND IF 136.5 YOU MEET CERTAIN HOUSEHOLD INCOME LIMITS. FOR MORE INFORMATION 136.6 OR AN APPLICATION FORM PLEASE CONTACT ......... 136.7 (b) The department of human services shall determine the 136.8 eligibility for telephone assistance plan credits at least 136.9 annually according to the criteria contained in subdivision 4a. 136.10 (c) An application may be made by the subscriber, the 136.11 subscriber's spouse, or a person authorized by the subscriber to 136.12 act on the subscriber's behalf. On completing the application 136.13 certifying that the statutory criteria for eligibility are 136.14 satisfied, the applicant must return the application to an 136.15 office of the department of human services specially designated 136.16 to process telephone assistance plan applications. On receiving 136.17 a completed application from an applicant, the department of 136.18 human services shall determine the applicant's eligibility or 136.19 ineligibility within 120 days. If the department fails to do 136.20 so, it shall within three working days provide written notice to 136.21 the applicant's telephone company that the company shall provide 136.22 telephone assistance plan credits against monthly charges in the 136.23 earliest possible month following receipt of the written 136.24 notice. The applicant must receive telephone assistance plan 136.25 credits until the earliest possible month following the 136.26 company's receipt of notice from the department that the 136.27 applicant is ineligible. 136.28 If the department of human services determines that an 136.29 applicant is not eligible to receive telephone assistance plan 136.30 credits, it shall notify the applicant within ten working days 136.31 of that determination. 136.32 Within ten working days of determining that an applicant is 136.33 eligible to receive telephone assistance plan credits, the 136.34 department of human services shall provide written notification 136.35 to the telephone company that serves the applicant. The notice 136.36 must include the applicant's name, address, and telephone number. 137.1 Each telephone company shall provide telephone assistance 137.2 plan credits against monthly charges in the earliest possible 137.3 month following receipt of notice from the department of human 137.4 services. 137.5 By December 31 of each year, the department of human 137.6 services shall redetermine eligibility of each person receiving 137.7 telephone assistance plan credits, as required in paragraph (b). 137.8 The department of human services shall submit an annual report 137.9 to the legislature andthe commission by January 15 of each year 137.10 showing that the department has determined the eligibility for 137.11 telephone assistance plan credits of each person receiving the 137.12 credits or explaining why the determination has not been made 137.13 and showing how and when the determination will be completed. 137.14 If the department of human services determines that a 137.15 current recipient of telephone assistance plan credits is not 137.16 eligible to receive the credits, it shall notify, in writing, 137.17 the recipient within ten working days and the telephone company 137.18 serving the recipient within 20 working days of the 137.19 determination. The notice must include the recipient's name, 137.20 address, and telephone number. 137.21 Each telephone company shall remove telephone assistance 137.22 plan credits against monthly charges in the earliest possible 137.23 month following receipt of notice from the department of human 137.24 services. 137.25 Each telephone company that disconnects a subscriber 137.26 receiving the telephone assistance plan credit shall report the 137.27 disconnection to the department of human services. The reports 137.28 must be submitted monthly, identifying the subscribers 137.29 disconnected. Telephone companies that do not disconnect a 137.30 subscriber receiving the telephone assistance plan credit are 137.31 not required to report. 137.32 If the telephone assistance plan credit is not itemized on 137.33 the subscriber's monthly charges bill for local telephone 137.34 service, the telephone company must notify the subscriber of the 137.35 approval for the telephone assistance plan credit. 137.36 (d) The commission shall serve as the coordinator of the 138.1 telephone assistance plan and be reimbursed for its 138.2 administrative expenses from the surcharge revenue pool. As the 138.3 coordinator, the commission shall: 138.4 (1) establish a uniform statewide surcharge in accordance 138.5 with subdivision 6; 138.6 (2) establish a uniform statewide level of telephone 138.7 assistance plan credit that each telephone company shall extend 138.8 to each eligible household in its service area; 138.9 (3) require each telephone company to account to the 138.10 commission on a periodic basis for surcharge revenues collected 138.11 by the company, expenses incurred by the company, not to include 138.12 expenses of collecting surcharges, and credits extended by the 138.13 company under the telephone assistance plan; 138.14 (4) require each telephone company to remit surcharge 138.15 revenues to the department of administration for deposit in the 138.16 fund; and 138.17 (5) remit to each telephone company from the surcharge 138.18 revenue pool the amount necessary to compensate the company for 138.19 expenses, not including expenses of collecting the surcharges, 138.20 and telephone assistance plan credits. When it appears that the 138.21 revenue generated by the maximum surcharge permitted under 138.22 subdivision 6 will be inadequate to fund any particular 138.23 established level of telephone assistance plan credits, the 138.24 commission shall reduce the credits to a level that can be 138.25 adequately funded by the maximum surcharge. Similarly, the 138.26 commission may increase the level of the telephone assistance 138.27 plan credit that is available or reduce the surcharge to a level 138.28 and for a period of time that will prevent an unreasonable 138.29 overcollection of surcharge revenues. 138.30 (e) Each telephone company shall maintain adequate records 138.31 of surcharge revenues, expenses, and credits related to the 138.32 telephone assistance plan and shall, as part of its annual 138.33 report or separately, provide the commission and the department 138.34 of public service with a financial report of its experience 138.35 under the telephone assistance plan for the previous year. That 138.36 report must also be adequate to satisfy the reporting 139.1 requirements of the federal matching plan. 139.2 (f) The department of public service shall investigate 139.3 complaints against telephone companies with regard to the 139.4 telephone assistance plan and shall report the results of its 139.5 investigation to the commission. 139.6 Sec. 30. Minnesota Statutes 1996, section 241.01, 139.7 subdivision 3a, is amended to read: 139.8 Subd. 3a. [COMMISSIONER, POWERS AND DUTIES.] The 139.9 commissioner of corrections has the following powers and duties: 139.10 (a) To accept persons committed to the commissioner by the 139.11 courts of this state for care, custody, and rehabilitation. 139.12 (b) To determine the place of confinement of committed 139.13 persons in a correctional facility or other facility of the 139.14 department of corrections and to prescribe reasonable conditions 139.15 and rules for their employment, conduct, instruction, and 139.16 discipline within or outside the facility. Inmates shall not 139.17 exercise custodial functions or have authority over other 139.18 inmates. Inmates may serve on the board of directors or hold an 139.19 executive position subordinate to correctional staff in any 139.20 corporation, private industry or educational program located on 139.21 the grounds of, or conducted within, a state correctional 139.22 facility with written permission from the chief executive 139.23 officer of the facility. 139.24 (c) To administer the money and property of the department. 139.25 (d) To administer, maintain, and inspect all state 139.26 correctional facilities. 139.27 (e) To transfer authorized positions and personnel between 139.28 state correctional facilities as necessary to properly staff 139.29 facilities and programs. 139.30 (f) To utilize state correctional facilities in the manner 139.31 deemed to be most efficient and beneficial to accomplish the 139.32 purposes of this section, but not to close the Minnesota 139.33 correctional facility-Stillwater or the Minnesota correctional 139.34 facility-St. Cloud without legislative approval. The 139.35 commissioner may place juveniles and adults at the same state 139.36 minimum security correctional facilities, if there is total 140.1 separation of and no regular contact between juveniles and 140.2 adults, except contact incidental to admission, classification, 140.3 and mental and physical health care. 140.4 (g) To organize the department and employ personnel the 140.5 commissioner deems necessary to discharge the functions of the 140.6 department, including a chief executive officer for each 140.7 facility under the commissioner's control who shall serve in the 140.8 unclassified civil service and may, under the provisions of 140.9 section 43A.33, be removed only for cause, and two internal 140.10 affairs officers for security. 140.11 (h) To define the duties of these employees and to delegate 140.12 to them any of the commissioner's powers, duties and 140.13 responsibilities, subject to the commissioner's control and the 140.14 conditions the commissioner prescribes. 140.15 (i) To annually develop a comprehensive set of goals and 140.16 objectives designed to clearly establish the priorities of the 140.17 department of corrections. This report shall be submitted to 140.18 the governor and the state legislaturecommencing January 1, 140.19 1976. The commissioner may establish ad hoc advisory committees. 140.20 Sec. 31. Minnesota Statutes 1996, section 244.09, 140.21 subdivision 7, is amended to read: 140.22 Subd. 7. After the implementation of the sentencing 140.23 guidelines promulgated by the commission, the commission shall 140.24 study thetheir impact of the sentencing guidelines promulgated140.25 by the commission after their implementation. The commission140.26 shall also, after implementation of the guidelines, review the140.27 powers and duties of the commissioner of corrections and make140.28 recommendations to the legislature on the appropriate role, if140.29 any, of the board under the guidelinesand review the powers and 140.30 duties of the commissioner of corrections. 140.31 Sec. 32. Minnesota Statutes 1996, section 244.13, 140.32 subdivision 3, is amended to read: 140.33 Subd. 3. [EVALUATION.] The commissioner shall develop a 140.34 system for gathering and analyzing information concerning the 140.35 value and effectiveness of the intensive community supervision 140.36 and intensive supervised release programs and shall compile a141.1 report to the chairs of the committees in the senate and house141.2 of representatives with jurisdiction over criminal justice141.3 policy by January 1 of each odd-numbered year. 141.4 Sec. 33. Minnesota Statutes 1996, section 245.697, 141.5 subdivision 2, is amended to read: 141.6 Subd. 2. [DUTIES.] The state advisory council on mental 141.7 health shall: 141.8 (1) advise the governor , the legislature,and heads of 141.9 state departments and agencies about policy, programs, and 141.10 services affecting people with mental illness; 141.11 (2) advise the commissioner of human services on all phases 141.12 of the development of mental health aspects of the biennial 141.13 budget; 141.14 (3) advise the governor and the legislatureabout the 141.15 development of innovative mechanisms for providing and financing 141.16 services to people with mental illness; 141.17 (4) encourage state departments and other agencies to 141.18 conduct needed research in the field of mental health; 141.19 (5) review recommendations of the subcommittee on 141.20 children's mental health; 141.21 (6) educate the public about mental illness and the needs 141.22 and potential of people with mental illness; 141.23 (7) review and comment on all grants dealing with mental 141.24 health and on the development and implementation of state and 141.25 local mental health plans; and 141.26 (8) coordinate the work of local children's and adult 141.27 mental health advisory councils and subcommittees. 141.28 Sec. 34. Minnesota Statutes 1996, section 245.697, 141.29 subdivision 3, is amended to read: 141.30 Subd. 3. [REPORTS.] The state advisory council on mental 141.31 health shall report from time to time on its activities to the 141.32 governor , the legislature,and the commissioners of health, 141.33 economic security, and human services. It shall file a formal 141.34 report with the governor not later than October 15 of each 141.35 even-numbered year so that the information contained in the 141.36 report, including recommendations, can be included in the 142.1 governor's budget message to the legislature. It shall also142.2 report to the legislature not later than November 15 of each142.3 even-numbered year.142.4 Sec. 35. Minnesota Statutes 1996, section 246.06, is 142.5 amended to read: 142.6 246.06 [REPORTS.] 142.7 On or before November 15 in each even-numbered year, the 142.8 commissioner of human services shall make a report to the 142.9 governor and legislaturecovering the biennial period ending 142.10 June 30th preceding, therein giving observations and conclusions 142.11 respecting each institution under control of the commissioner. 142.12 This report shall contain the reports of the executive officers 142.13 of the institutions, a statement of the visitations thereto, and 142.14 when and by whom made, the name and salary of every employee of 142.15 the commissioner, and of every officer and employee of the 142.16 several institutions. Such report shall be published under the 142.17 direction of the commissioner of administration and paid for out 142.18 of the appropriation for public printing. The commissioner of 142.19 human services shall make such other reports to the governor as 142.20 the commissioner may from time to time require, or as the 142.21 commissioner may deem necessary, relating to the condition and 142.22 wants of the several institutions. 142.23 Sec. 36. Minnesota Statutes 1996, section 246.64, 142.24 subdivision 3, is amended to read: 142.25 Subd. 3. [RESPONSIBILITIES OF COMMISSIONER.] The 142.26 commissioner shall credit all receipts from billings for rates 142.27 set in subdivision 1, except those credited according to 142.28 subdivision 2, to the chemical dependency fund. This money must 142.29 not be used for a regional treatment center activity that is not 142.30 a chemical dependency service or an allocation of expenditures 142.31 that are included in the base for computation of the rates under 142.32 subdivision 1. The commissioner may expand chemical dependency 142.33 services so long as expenditures are recovered by patient fees, 142.34 transfer of funds, or supplementary appropriations. The 142.35 commissioner may expand or reduce chemical dependency staff 142.36 complement as long as expenditures are recovered by patient 143.1 fees, transfer of funds, or supplementary appropriations. 143.2 Notwithstanding chapters 176 and 268, the commissioner shall 143.3 provide for the self-insurance of regional treatment center 143.4 chemical dependency programs for the costs of reemployment 143.5 insurance and workers' compensation claims. The commissioner143.6 shall provide a biennial report to the chairs of the senate143.7 division on health care and family services, the house of143.8 representatives division on health and housing finance, and the143.9 senate health care committee and house of representatives health143.10 and human services committee.143.11 Sec. 37. Minnesota Statutes 1996, section 252.035, is 143.12 amended to read: 143.13 252.035 [REGIONAL TREATMENT CENTER CATCHMENT AREAS.] 143.14 The commissioner may administratively designate catchment 143.15 areas for regional treatment centers and state nursing homes. 143.16 Catchment areas may vary by client group served. Catchment 143.17 areas in effect on January 1, 1989, may not be modified until 143.18 the commissioner has consulted with the regional planning 143.19 committees of the affected regional treatment centers and with143.20 the chairs of the senate health and human services finance143.21 division and the house of representatives health and human143.22 services appropriation division. 143.23 Sec. 38. Minnesota Statutes 1996, section 252.291, 143.24 subdivision 3, is amended to read: 143.25 Subd. 3. [DUTIES OF COMMISSIONER OF HUMAN SERVICES.] The 143.26 commissioner shall: 143.27 (a) establish standard admission criteria for state 143.28 hospitals and county utilization targets to limit and reduce the 143.29 number of intermediate care beds in state hospitals and 143.30 community facilities in accordance with approved waivers under 143.31 United States Code, title 42, sections 1396 to 1396p, as amended 143.32 through December 31, 1987, to assure that appropriate services 143.33 are provided in the least restrictive setting; 143.34 (b) define services, including respite care, that may be 143.35 needed in meeting individual service plan objectives; 143.36 (c) provide technical assistance so that county boards may 144.1 establish a request for proposal system for meeting individual 144.2 service plan objectives through home and community-based 144.3 services; alternative community services; or, if no other 144.4 alternative will meet the needs of identifiable individuals for 144.5 whom the county is financially responsible, a new intermediate 144.6 care facility for persons with mental retardation or related 144.7 conditions; 144.8 (d) establish a client tracking and evaluation system as 144.9 required under applicable federal waiver regulations, Code of 144.10 Federal Regulations, title 42, sections 431, 435, 440, and 441, 144.11 as amended through December 31, 1987; and 144.12 (e) develop a state plan for the delivery and funding of 144.13 residential day and support services to persons with mental 144.14 retardation or related conditions in Minnesota and submit that144.15 plan to the clerk of each house of the Minnesota legislature on144.16 or before the 15th of January of each biennium beginning January144.17 15, 1985. The biennial mental retardation plan shall include 144.18 but not be limited to: 144.19 (1) county by county maximum intermediate care bed 144.20 utilization quotas; 144.21 (2) plans for the development of the number and types of 144.22 services alternative to intermediate care beds; 144.23 (3) procedures for the administration and management of the 144.24 plan; 144.25 (4) procedures for the evaluation of the implementation of 144.26 the plan; and 144.27 (5) the number, type, and location of intermediate care 144.28 beds targeted for decertification. 144.29 The commissioner shall modify the plan to ensure 144.30 conformance with the medical assistance home and community-based 144.31 services waiver. 144.32 Sec. 39. Minnesota Statutes 1996, section 254A.16, 144.33 subdivision 2, is amended to read: 144.34 Subd. 2. (a) The commissioner shall provide program and 144.35 service guidelines and technical assistance to the county boards 144.36 in carrying out services authorized under sections 254A.08, 145.1 254A.12, 254A.14, and their responsibilities under chapter 256E. 145.2 (b) The commissioner shall recommend to the governor and to145.3 the legislaturemeans of improving the efficiency and 145.4 effectiveness of comprehensive program services in the state and 145.5 maximizing the use of nongovernmental funds for providing 145.6 comprehensive programs. 145.7 Sec. 40. Minnesota Statutes 1996, section 256.01, 145.8 subdivision 2, is amended to read: 145.9 Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of 145.10 section 241.021, subdivision 2, the commissioner of human 145.11 services shall: 145.12 (1) Administer and supervise all forms of public assistance 145.13 provided for by state law and other welfare activities or 145.14 services as are vested in the commissioner. Administration and 145.15 supervision of human services activities or services includes, 145.16 but is not limited to, assuring timely and accurate distribution 145.17 of benefits, completeness of service, and quality program 145.18 management. In addition to administering and supervising human 145.19 services activities vested by law in the department, the 145.20 commissioner shall have the authority to: 145.21 (a) require county agency participation in training and 145.22 technical assistance programs to promote compliance with 145.23 statutes, rules, federal laws, regulations, and policies 145.24 governing human services; 145.25 (b) monitor, on an ongoing basis, the performance of county 145.26 agencies in the operation and administration of human services, 145.27 enforce compliance with statutes, rules, federal laws, 145.28 regulations, and policies governing welfare services and promote 145.29 excellence of administration and program operation; 145.30 (c) develop a quality control program or other monitoring 145.31 program to review county performance and accuracy of benefit 145.32 determinations; 145.33 (d) require county agencies to make an adjustment to the 145.34 public assistance benefits issued to any individual consistent 145.35 with federal law and regulation and state law and rule and to 145.36 issue or recover benefits as appropriate; 146.1 (e) delay or deny payment of all or part of the state and 146.2 federal share of benefits and administrative reimbursement 146.3 according to the procedures set forth in section 256.017; and 146.4 (f) make contracts with and grants to public and private 146.5 agencies and organizations, both profit and nonprofit, and 146.6 individuals, using appropriated funds. 146.7 (2) Inform county agencies, on a timely basis, of changes 146.8 in statute, rule, federal law, regulation, and policy necessary 146.9 to county agency administration of the programs. 146.10 (3) Administer and supervise all child welfare activities; 146.11 promote the enforcement of laws protecting handicapped, 146.12 dependent, neglected and delinquent children, and children born 146.13 to mothers who were not married to the children's fathers at the 146.14 times of the conception nor at the births of the children; 146.15 license and supervise child-caring and child-placing agencies 146.16 and institutions; supervise the care of children in boarding and 146.17 foster homes or in private institutions; and generally perform 146.18 all functions relating to the field of child welfare now vested 146.19 in the state board of control. 146.20 (4) Administer and supervise all noninstitutional service 146.21 to handicapped persons, including those who are visually 146.22 impaired, hearing impaired, or physically impaired or otherwise 146.23 handicapped. The commissioner may provide and contract for the 146.24 care and treatment of qualified indigent children in facilities 146.25 other than those located and available at state hospitals when 146.26 it is not feasible to provide the service in state hospitals. 146.27 (5) Assist and actively cooperate with other departments, 146.28 agencies and institutions, local, state, and federal, by 146.29 performing services in conformity with the purposes of Laws 146.30 1939, chapter 431. 146.31 (6) Act as the agent of and cooperate with the federal 146.32 government in matters of mutual concern relative to and in 146.33 conformity with the provisions of Laws 1939, chapter 431, 146.34 including the administration of any federal funds granted to the 146.35 state to aid in the performance of any functions of the 146.36 commissioner as specified in Laws 1939, chapter 431, and 147.1 including the promulgation of rules making uniformly available 147.2 medical care benefits to all recipients of public assistance, at 147.3 such times as the federal government increases its participation 147.4 in assistance expenditures for medical care to recipients of 147.5 public assistance, the cost thereof to be borne in the same 147.6 proportion as are grants of aid to said recipients. 147.7 (7) Establish and maintain any administrative units 147.8 reasonably necessary for the performance of administrative 147.9 functions common to all divisions of the department. 147.10 (8) Act as designated guardian of both the estate and the 147.11 person of all the wards of the state of Minnesota, whether by 147.12 operation of law or by an order of court, without any further 147.13 act or proceeding whatever, except as to persons committed as 147.14 mentally retarded. 147.15 (9) Act as coordinating referral and informational center 147.16 on requests for service for newly arrived immigrants coming to 147.17 Minnesota. 147.18 (10) The specific enumeration of powers and duties as 147.19 hereinabove set forth shall in no way be construed to be a 147.20 limitation upon the general transfer of powers herein contained. 147.21 (11) Establish county, regional, or statewide schedules of 147.22 maximum fees and charges which may be paid by county agencies 147.23 for medical, dental, surgical, hospital, nursing and nursing 147.24 home care and medicine and medical supplies under all programs 147.25 of medical care provided by the state and for congregate living 147.26 care under the income maintenance programs. 147.27 (12) Have the authority to conduct and administer 147.28 experimental projects to test methods and procedures of 147.29 administering assistance and services to recipients or potential 147.30 recipients of public welfare. To carry out such experimental 147.31 projects, it is further provided that the commissioner of human 147.32 services is authorized to waive the enforcement of existing 147.33 specific statutory program requirements, rules, and standards in 147.34 one or more counties. The order establishing the waiver shall 147.35 provide alternative methods and procedures of administration, 147.36 shall not be in conflict with the basic purposes, coverage, or 148.1 benefits provided by law, and in no event shall the duration of 148.2 a project exceed four years. It is further provided that no 148.3 order establishing an experimental project as authorized by the 148.4 provisions of this section shall become effective until the 148.5 following conditions have been met: 148.6 (a) The proposed comprehensive plan, including estimated148.7 project costs and the proposed order establishing the waiver,148.8 shall be filed with the secretary of the senate and chief clerk148.9 of the house of representatives at least 60 days prior to its148.10 effective date.148.11 (b)The secretary of health, education, and welfare of the 148.12 United States has agreed, for the same project, to waive state 148.13 plan requirements relative to statewide uniformity. 148.14 (c)(b) A comprehensive plan, including estimated project 148.15 costs, shall be approved by the legislative advisory commission 148.16 and filed with the commissioner of administration. 148.17 (13) In accordance with federal requirements, establish 148.18 procedures to be followed by local welfare boards in creating 148.19 citizen advisory committees, including procedures for selection 148.20 of committee members. 148.21 (14) Allocate federal fiscal disallowances or sanctions 148.22 which are based on quality control error rates for the aid to 148.23 families with dependent children, medical assistance, or food 148.24 stamp program in the following manner: 148.25 (a) One-half of the total amount of the disallowance shall 148.26 be borne by the county boards responsible for administering the 148.27 programs. For the medical assistance and AFDC programs, 148.28 disallowances shall be shared by each county board in the same 148.29 proportion as that county's expenditures for the sanctioned 148.30 program are to the total of all counties' expenditures for the 148.31 AFDC and medical assistance programs. For the food stamp 148.32 program, sanctions shall be shared by each county board, with 50 148.33 percent of the sanction being distributed to each county in the 148.34 same proportion as that county's administrative costs for food 148.35 stamps are to the total of all food stamp administrative costs 148.36 for all counties, and 50 percent of the sanctions being 149.1 distributed to each county in the same proportion as that 149.2 county's value of food stamp benefits issued are to the total of 149.3 all benefits issued for all counties. Each county shall pay its 149.4 share of the disallowance to the state of Minnesota. When a 149.5 county fails to pay the amount due hereunder, the commissioner 149.6 may deduct the amount from reimbursement otherwise due the 149.7 county, or the attorney general, upon the request of the 149.8 commissioner, may institute civil action to recover the amount 149.9 due. 149.10 (b) Notwithstanding the provisions of paragraph (a), if the 149.11 disallowance results from knowing noncompliance by one or more 149.12 counties with a specific program instruction, and that knowing 149.13 noncompliance is a matter of official county board record, the 149.14 commissioner may require payment or recover from the county or 149.15 counties, in the manner prescribed in paragraph (a), an amount 149.16 equal to the portion of the total disallowance which resulted 149.17 from the noncompliance, and may distribute the balance of the 149.18 disallowance according to paragraph (a). 149.19 (15) Develop and implement special projects that maximize 149.20 reimbursements and result in the recovery of money to the 149.21 state. For the purpose of recovering state money, the 149.22 commissioner may enter into contracts with third parties. Any 149.23 recoveries that result from projects or contracts entered into 149.24 under this paragraph shall be deposited in the state treasury 149.25 and credited to a special account until the balance in the 149.26 account reaches $1,000,000. When the balance in the account 149.27 exceeds $1,000,000, the excess shall be transferred and credited 149.28 to the general fund. All money in the account is appropriated 149.29 to the commissioner for the purposes of this paragraph. 149.30 (16) Have the authority to make direct payments to 149.31 facilities providing shelter to women and their children 149.32 pursuant to section 256D.05, subdivision 3. Upon the written 149.33 request of a shelter facility that has been denied payments 149.34 under section 256D.05, subdivision 3, the commissioner shall 149.35 review all relevant evidence and make a determination within 30 149.36 days of the request for review regarding issuance of direct 150.1 payments to the shelter facility. Failure to act within 30 days 150.2 shall be considered a determination not to issue direct payments. 150.3 (17) Have the authority to establish and enforce the 150.4 following county reporting requirements: 150.5 (a) The commissioner shall establish fiscal and statistical 150.6 reporting requirements necessary to account for the expenditure 150.7 of funds allocated to counties for human services programs. 150.8 When establishing financial and statistical reporting 150.9 requirements, the commissioner shall evaluate all reports, in 150.10 consultation with the counties, to determine if the reports can 150.11 be simplified or the number of reports can be reduced. 150.12 (b) The county board shall submit monthly or quarterly 150.13 reports to the department as required by the commissioner. 150.14 Monthly reports are due no later than 15 working days after the 150.15 end of the month. Quarterly reports are due no later than 30 150.16 calendar days after the end of the quarter, unless the 150.17 commissioner determines that the deadline must be shortened to 150.18 20 calendar days to avoid jeopardizing compliance with federal 150.19 deadlines or risking a loss of federal funding. Only reports 150.20 that are complete, legible, and in the required format shall be 150.21 accepted by the commissioner. 150.22 (c) If the required reports are not received by the 150.23 deadlines established in clause (b), the commissioner may delay 150.24 payments and withhold funds from the county board until the next 150.25 reporting period. When the report is needed to account for the 150.26 use of federal funds and the late report results in a reduction 150.27 in federal funding, the commissioner shall withhold from the 150.28 county boards with late reports an amount equal to the reduction 150.29 in federal funding until full federal funding is received. 150.30 (d) A county board that submits reports that are late, 150.31 illegible, incomplete, or not in the required format for two out 150.32 of three consecutive reporting periods is considered 150.33 noncompliant. When a county board is found to be noncompliant, 150.34 the commissioner shall notify the county board of the reason the 150.35 county board is considered noncompliant and request that the 150.36 county board develop a corrective action plan stating how the 151.1 county board plans to correct the problem. The corrective 151.2 action plan must be submitted to the commissioner within 45 days 151.3 after the date the county board received notice of noncompliance. 151.4 (e) The final deadline for fiscal reports or amendments to 151.5 fiscal reports is one year after the date the report was 151.6 originally due. If the commissioner does not receive a report 151.7 by the final deadline, the county board forfeits the funding 151.8 associated with the report for that reporting period and the 151.9 county board must repay any funds associated with the report 151.10 received for that reporting period. 151.11 (f) The commissioner may not delay payments, withhold 151.12 funds, or require repayment under paragraph (c) or (e) if the 151.13 county demonstrates that the commissioner failed to provide 151.14 appropriate forms, guidelines, and technical assistance to 151.15 enable the county to comply with the requirements. If the 151.16 county board disagrees with an action taken by the commissioner 151.17 under paragraph (c) or (e), the county board may appeal the 151.18 action according to sections 14.57 to 14.69. 151.19 (g) Counties subject to withholding of funds under 151.20 paragraph (c) or forfeiture or repayment of funds under 151.21 paragraph (e) shall not reduce or withhold benefits or services 151.22 to clients to cover costs incurred due to actions taken by the 151.23 commissioner under paragraph (c) or (e). 151.24 (18) Allocate federal fiscal disallowances or sanctions for 151.25 audit exceptions when federal fiscal disallowances or sanctions 151.26 are based on a statewide random sample for the foster care 151.27 program under title IV-E of the Social Security Act, United 151.28 States Code, title 42, in direct proportion to each county's 151.29 title IV-E foster care maintenance claim for that period. 151.30 Sec. 41. Minnesota Statutes 1996, section 256.016, is 151.31 amended to read: 151.32 256.016 [PLAIN LANGUAGE IN WRITTEN MATERIALS.] 151.33 (a) To the extent reasonable and consistent with the goals 151.34 of providing easily understandable and readable materials and 151.35 complying with federal and state laws governing the programs, 151.36 all written materials relating to services and determinations of 152.1 eligibility for or amounts of benefits that will be given to 152.2 applicants for or recipients of assistance under a program 152.3 administered or supervised by the commissioner of human services 152.4 must be understandable to a person who reads at the 152.5 seventh-grade level, using the Flesch scale analysis readability 152.6 score as determined under section 72C.09. 152.7 (b) All written materials relating to determinations of 152.8 eligibility for or amounts of benefits that will be given to 152.9 applicants for or recipients of assistance under programs 152.10 administered or supervised by the commissioner of human services 152.11 must be developed to satisfy the plain language requirements of 152.12 the plain language contract act under sections 325G.29 to 152.13 325G.36. Materials may be submitted to the attorney general for 152.14 review and certification. Notwithstanding section 325G.35, 152.15 subdivision 1, the attorney general shall review submitted 152.16 materials to determine whether they comply with the requirements 152.17 of section 325G.31. The remedies available pursuant to sections 152.18 8.31 and 325G.33 to 325G.36 do not apply to these materials. 152.19 Failure to comply with this section does not provide a basis for 152.20 suspending the implementation or operation of other laws 152.21 governing programs administered by the commissioner. 152.22 (c) The requirements of this section apply to all materials 152.23 modified or developed by the commissioner on or after July 1, 152.24 1988. The requirements of this section do not apply to 152.25 materials that must be submitted to a federal agency for 152.26 approval, to the extent that application of the requirements 152.27 prevents federal approval. 152.28 (d) Nothing in this section may be construed to prohibit a 152.29 lawsuit brought to require the commissioner to comply with this 152.30 section or to affect individual appeal rights granted pursuant 152.31 to section 256.045. 152.32 (e) The commissioner shall report annually to the chairs of152.33 the health and human services divisions of the senate finance152.34 committee and the house of representatives appropriations152.35 committee on the number and outcome of cases that raise the152.36 issue of the commissioner's compliance with this section.153.1 Sec. 42. Minnesota Statutes 1996, section 256.736, 153.2 subdivision 3a, is amended to read: 153.3 Subd. 3a. [PARTICIPATION.] (a) Except as provided under 153.4 paragraphs (b) and (c), participation in employment and training 153.5 services under this section is limited to the following 153.6 recipients: 153.7 (1) caretakers who are required to participate in a job 153.8 search under subdivision 14; 153.9 (2) custodial parents who are subject to the school 153.10 attendance or case management participation requirements under 153.11 subdivision 3b; 153.12 (3) caretakers whose participation in employment and 153.13 training services began prior to May 1, 1990, if the caretaker's 153.14 AFDC eligibility has not been interrupted for 30 days or more 153.15 and the caretaker's employability development plan has not been 153.16 completed; 153.17 (4) recipients who are members of a family in which the 153.18 youngest child is within two years of being ineligible for AFDC 153.19 due to age; 153.20 (5) custodial parents under the age of 24 who: (i) have 153.21 not completed a high school education and who, at the time of 153.22 application for AFDC, were not enrolled in high school or in a 153.23 high school equivalency program; or (ii) have had little or no 153.24 work experience in the preceding year; 153.25 (6) recipients who have received AFDC for 36 or more months 153.26 out of the last 60 months; 153.27 (7) recipients who are participants in the self-employment 153.28 investment demonstration project under section 268.95; and 153.29 (8) recipients who participate in the new chance research 153.30 and demonstration project under contract with the department of 153.31 human services. 153.32 (b) If the commissioner determines that participation of 153.33 persons listed in paragraph (a) in employment and training 153.34 services is insufficient either to meet federal performance 153.35 targets or to fully utilize funds appropriated under this 153.36 section, the commissioner may , after notifying the chairs of the154.1 senate family services committee, the house health and human154.2 services committee, the family services division of the senate154.3 family services and health care committees, and the human154.4 services division of the house health and human services154.5 committee,permit additional groups of recipients to participate 154.6 until the next meeting of the legislative advisory commission, 154.7 after which the additional groups may continue to enroll for 154.8 participation unless the legislative advisory commission 154.9 disapproves the continued enrollment. The commissioner shall 154.10 allow participation of additional groups in the following order 154.11 only as needed to meet performance targets or fully utilize 154.12 funding for employment and training services under this section: 154.13 (1) recipients who have received 24 or more months of AFDC 154.14 out of the previous 48 months; and 154.15 (2) recipients who have not completed a high school 154.16 education or a high school equivalency program. 154.17 (c) To the extent of money appropriated specifically for 154.18 this paragraph, the commissioner may permit AFDC caretakers who 154.19 are not eligible for participation in employment and training 154.20 services under the provisions of paragraph (a) or (b) to 154.21 participate. Money must be allocated to county agencies based 154.22 on the county's percentage of participants statewide in services 154.23 under this section in the prior calendar year. Caretakers must 154.24 be selected on a first-come, first-served basis from a waiting 154.25 list of caretakers who volunteer to participate. The 154.26 commissioner may, on a quarterly basis, reallocate unused 154.27 allocations to county agencies that have sufficient volunteers. 154.28 If funding under this paragraph is discontinued in future fiscal 154.29 years, caretakers who began participating under this paragraph 154.30 must be deemed eligible under paragraph (a), clause (3). 154.31 (d) Participants who are eligible and enroll in the STRIDE 154.32 program under one of the categories of this subdivision are 154.33 required to cooperate with the assessment and employability plan 154.34 development and to meet the terms of their employability plan. 154.35 Failure to comply, without good cause, shall result in the 154.36 imposition of sanctions as specified in subdivision 4, clause 155.1 (6). 155.2 Sec. 43. Minnesota Statutes 1996, section 256.7365, 155.3 subdivision 7, is amended to read: 155.4 Subd. 7. [DEMONSTRATION AND EVALUATION.] For the biennium 155.5 ending June 30, 1989, projects are demonstration projects to 155.6 test the effectiveness of differing approaches to serving 155.7 populations with acute needs. The commissioner of human 155.8 services shall submit to the governor and the legislature a155.9 progress report by February 1, 1989, and shall submit subsequent155.10 program evaluation reports to the governor as part of the 155.11 biennial plan. 155.12 Sec. 44. Minnesota Statutes 1996, section 256.9742, 155.13 subdivision 1, is amended to read: 155.14 Subdivision 1. [DUTIES.] The ombudsman shall: 155.15 (1) gather information and evaluate any act, practice, 155.16 policy, procedure, or administrative action of a long-term care 155.17 facility, acute care facility, home care service provider, or 155.18 government agency that may adversely affect the health, safety, 155.19 welfare, or rights of any client; 155.20 (2) mediate or advocate on behalf of clients; 155.21 (3) monitor the development and implementation of federal, 155.22 state, or local laws, rules, regulations, and policies affecting 155.23 the rights and benefits of clients; 155.24 (4) comment on and recommend to the legislature andpublic 155.25 and private agencies regarding laws, rules, regulations, and 155.26 policies affecting clients; 155.27 (5) inform public agencies about the problems of clients; 155.28 (6) provide for training of volunteers and promote the 155.29 development of citizen participation in the work of the office; 155.30 (7) conduct public forums to obtain information about and 155.31 publicize issues affecting clients; 155.32 (8) provide public education regarding the health, safety, 155.33 welfare, and rights of clients; and 155.34 (9) collect and analyze data relating to complaints, 155.35 conditions, and services. 155.36 Sec. 45. Minnesota Statutes 1996, section 256D.04, is 156.1 amended to read: 156.2 256D.04 [DUTIES OF THE COMMISSIONER.] 156.3 In addition to any other duties imposed by law, the 156.4 commissioner shall: 156.5 (1) Supervise according to section 256.01 the 156.6 administration of general assistance and general assistance 156.7 medical care by county agencies as provided in sections 256D.01 156.8 to 256D.21; 156.9 (2) Promulgate uniform rules consistent with law for 156.10 carrying out and enforcing the provisions of sections 256D.01 to 156.11 256D.21, including section 256D.05, subdivision 3, and section 156.12 256.01, subdivision 2, paragraph (16), to the end that general 156.13 assistance may be administered as uniformly as possible 156.14 throughout the state; rules shall be furnished immediately to 156.15 all county agencies and other interested persons; in 156.16 promulgating rules, the provisions of sections 14.001 to 14.69, 156.17 shall apply; 156.18 (3) Allocate money appropriated for general assistance and 156.19 general assistance medical care to county agencies as provided 156.20 in section 256D.03, subdivisions 2 and 3; 156.21 (4) Accept and supervise the disbursement of any funds that 156.22 may be provided by the federal government or from other sources 156.23 for use in this state for general assistance and general 156.24 assistance medical care; 156.25 (5) Cooperate with other agencies including any agency of 156.26 the United States or of another state in all matters concerning 156.27 the powers and duties of the commissioner under sections 256D.01 156.28 to 256D.21; 156.29 (6) Cooperate to the fullest extent with other public 156.30 agencies empowered by law to provide vocational training, 156.31 rehabilitation, or similar services; 156.32 (7) Gather and study current information and report at 156.33 least annually to the governor and legislatureon the nature and 156.34 need for general assistance and general assistance medical care, 156.35 the amounts expended under the supervision of each county 156.36 agency, and the activities of each county agency and publish 157.1 such reports for the information of the public; 157.2 (8) Specify requirements for general assistance and general 157.3 assistance medical care reports, including fiscal reports, 157.4 according to section 256.01, subdivision 2, paragraph (17); and 157.5 (9) Ensure that every notice of eligibility for general 157.6 assistance includes a notice that women who are pregnant may be 157.7 eligible for medical assistance benefits. 157.8 Sec. 46. Minnesota Statutes 1996, section 256E.04, 157.9 subdivision 1, is amended to read: 157.10 Subdivision 1. The commissioner shall prepare a biennial 157.11 social services plan and present the plan to the governor and157.12 the legislature. The commissioner shall update the plan 157.13 biennially. The plan shall include: 157.14 (a) a description of state social service programs and 157.15 priorities; 157.16 (b) an overview of all county biennial community social 157.17 services plans; 157.18 (c) identification of social services program requirements 157.19 which counties have identified as unnecessarily administratively 157.20 burdensome; 157.21 (d) identification of social services program requirements 157.22 for which inadequate state and local funding is available; and 157.23 (e) identification of unmet needs reported by the county 157.24 agencies. 157.25 The commissioner shall consult with the heads of human 157.26 service related state departments and agencies in preparing the 157.27 coordination statement required by this subdivision. 157.28 Sec. 47. Minnesota Statutes 1996, section 256F.04, 157.29 subdivision 3, is amended to read: 157.30 Subd. 3. [MONITORING.] The commissioner shall design and 157.31 implement methods for monitoring the delivery and evaluating the 157.32 effectiveness of placement prevention and family reunification 157.33 services. The commissioner shall monitor the provision of 157.34 family-based services ,and conduct evaluations , and prepare and157.35 submit biannual reports to the legislature. 157.36 Sec. 48. Minnesota Statutes 1996, section 260.181, 158.1 subdivision 3a, is amended to read: 158.2 Subd. 3a. [REPORTS; JUVENILES PLACED OUT OF STATE.] (a)158.3 Whenever a child is placed in a residential program located 158.4 outside of this state pursuant to a disposition order issued 158.5 under section 260.185 or 260.191, the juvenile court 158.6 administrator shall report the following information to the 158.7 state court administrator: 158.8 (1) the fact that the placement is out of state; 158.9 (2) the type of placement; and 158.10 (3) the reason for the placement. 158.11 (b) By July 1, 1994, and each year thereafter, the state158.12 court administrator shall file a report with the legislature158.13 containing the information reported under paragraph (a) during158.14 the previous calendar year.158.15 Sec. 49. Minnesota Statutes 1996, section 290.171, is 158.16 amended to read: 158.17 290.171 [ENACTMENT OF MULTISTATE TAX COMPACT.] 158.18 The "multistate tax compact" is hereby enacted into law to 158.19 the extent provided in this section and entered into with all 158.20 jurisdictions legally joining therein, in the form substantially 158.21 as follows: 158.22 Article I. Purposes. 158.23 The purposes of this compact are to: 158.24 1. Facilitate proper determination of state and local tax 158.25 liability of multistate taxpayers, including the equitable 158.26 apportionment of tax bases and settlement of apportionment 158.27 disputes. 158.28 2. Promote uniformity or compatibility in significant 158.29 components of tax systems. 158.30 3. Facilitate taxpayer convenience and compliance in the 158.31 filing of tax returns and in other phases of tax administration. 158.32 4. Avoid duplicative taxation. 158.33 Article II. Definitions. 158.34 As used in this compact: 158.35 1. "State" means a state of the United States, the 158.36 District of Columbia, the Commonwealth of Puerto Rico, or any 159.1 territory or possession of the United States. 159.2 2. "Subdivision" means any governmental unit or special 159.3 district of a state. 159.4 3. "Taxpayer" means any corporation, partnership, firm, 159.5 association, governmental unit or agency or person acting as a 159.6 business entity in more than one state. 159.7 4. "Income tax" means a tax imposed on or measured by net 159.8 income including any tax imposed on or measured by an amount 159.9 arrived at by deducting expenses from gross income, one or more 159.10 forms of which expenses are not specifically and directly 159.11 related to particular transactions. 159.12 5. "Capital stock tax" means a tax measured in any way by 159.13 the capital of a corporation considered in its entirety. 159.14 6. "Gross receipts tax" means a tax, other than a sales 159.15 tax, which is imposed on or measured by the gross volume of 159.16 business, in terms of gross receipts or in other terms, and in 159.17 the determination of which no deduction is allowed which would 159.18 constitute the tax an income tax. 159.19 7. "Sales tax" means a tax imposed with respect to the 159.20 transfer for a consideration of ownership, possession or custody 159.21 of tangible personal property or the rendering of services 159.22 measured by the price of the tangible personal property 159.23 transferred or services rendered and which is required by state 159.24 or local law to be separately stated from the sales price by the 159.25 seller, or which is customarily separately stated from the sales 159.26 price, but does not include a tax imposed exclusively on the 159.27 sale of a specifically identified commodity or article or class 159.28 of commodities or articles. 159.29 8. "Use tax" means a nonrecurring tax, other than a sales 159.30 tax, which (a) is imposed on or with respect to the exercise or 159.31 enjoyment of any right or power over tangible personal property 159.32 incident to the ownership, possession or custody of that 159.33 property or the leasing of that property from another including 159.34 any consumption, keeping, retention, or other use of tangible 159.35 personal property and (b) is complementary to a sales tax. 159.36 9. "Tax" means an income tax, capital stock tax, gross 160.1 receipts tax, sales tax, use tax, and any other tax which has a 160.2 multistate impact, except that the provisions of article V of 160.3 this compact shall apply only to the taxes specifically 160.4 designated therein. 160.5 Article III. Elements of Income Tax Laws. 160.6 Article IV. Division of Income. 160.7 Article V. Elements of Sales and Use Tax Laws. 160.8 Tax Credit. 160.9 1. Each purchaser liable for a use tax on tangible 160.10 personal property shall be entitled to full credit for the 160.11 combined amount or amounts of legally imposed sales or use taxes 160.12 paid by him with respect to the same property to another state 160.13 and any subdivision thereof. The credit shall be applied first 160.14 against the amount of any use tax due the state, and any unused 160.15 portion of the credit shall then be applied against the amount 160.16 of any use tax due a subdivision. 160.17 2. Whenever a vendor receives and accepts in good faith 160.18 from a purchaser a resale or other exemption certificate or 160.19 other written evidence of exemption authorized by the 160.20 appropriate state or subdivision taxing authority, the vendor 160.21 shall be relieved of liability for a sales or use tax with 160.22 respect to the transaction. 160.23 Article VI. The Commission. 160.24 Organization and Management. 160.25 1. (a) The multistate tax commission is hereby 160.26 established. It shall be composed of one "member" from each 160.27 party state who shall be the head of the state agency charged 160.28 with the administration of the types of taxes to which this 160.29 compact applies. If there is more than one such agency the 160.30 state shall provide by law for the selection of the commission 160.31 member from the heads of the relevant agencies. State law may 160.32 provide that a member of the commission be represented by an 160.33 alternate but only if there is on file with the commission 160.34 written notification of the designation and identity of the 160.35 alternate. The attorney general of each party state or his 160.36 designee, or other counsel if the laws of the party state 161.1 specifically provide, shall be entitled to attend the meetings 161.2 of the commission, but shall not vote. Such attorneys general, 161.3 designees, or other counsel shall receive all notices of 161.4 meetings required under paragraph 1(e) of this article. 161.5 (b) Each party state shall provide by law for the selection 161.6 of representatives from its subdivisions affected by this 161.7 compact to consult with the commission member from that state. 161.8 (c) Each member shall be entitled to one vote. The 161.9 commission shall not act unless a majority of the members are 161.10 present, and no action shall be binding unless approved by a 161.11 majority of the total number of members. 161.12 (d) The commission shall adopt an official seal to be used 161.13 as it may provide. 161.14 (e) The commission shall hold an annual meeting and such 161.15 other regular meetings as its bylaws may provide and such 161.16 special meetings as its executive committee may determine. The 161.17 commission bylaws shall specify the dates of the annual and any 161.18 other regular meetings, and shall provide for the giving of 161.19 notice of annual, regular and special meetings. Notices of 161.20 special meetings shall include the reasons therefor and an 161.21 agenda of the items to be considered. 161.22 (f) The commission shall elect annually, from among its 161.23 members, a chairman, a vice-chairman and a treasurer. The 161.24 commission shall appoint an executive director who shall serve 161.25 at its pleasure, and it shall fix his duties and compensation. 161.26 The executive director shall be secretary of the commission. 161.27 The commission shall make provision for the bonding of such of 161.28 its officers and employees as it may deem appropriate. 161.29 (g) Irrespective of the civil service, personnel or other 161.30 merit system laws of any party state, the executive director 161.31 shall appoint or discharge such personnel as may be necessary 161.32 for the performance of the functions of the commission and shall 161.33 fix their duties and compensation. The commission bylaws shall 161.34 provide for personnel policies and programs. 161.35 (h) The commission may borrow, accept or contract for the 161.36 services of personnel from any state, the United States, or any 162.1 other governmental entity. 162.2 (i) The commission may accept for any of its purposes and 162.3 functions any and all donations and grants of money, equipment, 162.4 supplies, materials and services, conditional or otherwise, from 162.5 any governmental entity, and may utilize and dispose of the same. 162.6 (j) The commission may establish one or more offices for 162.7 the transacting of its business. 162.8 (k) The commission shall adopt bylaws for the conduct of 162.9 its business. The commission shall publish its bylaws in 162.10 convenient form, and shall file a copy of the bylaws and any 162.11 amendments thereto with the appropriate agency or officer in 162.12 each of the party states. 162.13 (l) The commission annually shall make to the governor and162.14 legislatureof each party state a report covering its activities 162.15 for the preceding year. Any donation or grant accepted by the 162.16 commission or services borrowed shall be reported in the annual 162.17 report of the commission, and shall include the nature, amount 162.18 and conditions, if any, of the donation, gift, grant or services 162.19 borrowed and the identity of the donor or lender. The 162.20 commission may make additional reports as it may deem desirable. 162.21 Committees. 162.22 2. (a) To assist in the conduct of its business when the 162.23 full commission is not meeting, the commission shall have an 162.24 executive committee of seven members, including the chairman, 162.25 vice chairman, treasurer and four other members elected annually 162.26 by the commission. The executive committee, subject to the 162.27 provisions of this compact and consistent with the policies of 162.28 the commission, shall function as provided in the bylaws of the 162.29 commission. 162.30 (b) The commission may establish advisory and technical 162.31 committees, membership on which may include private persons and 162.32 public officials, in furthering any of its activities. Such 162.33 committees may consider any matter of concern to the commission, 162.34 including problems of special interest to any party state and 162.35 problems dealing with particular types of taxes. 162.36 (c) The commission may establish such additional committees 163.1 as its bylaws may provide. 163.2 Powers. 163.3 3. In addition to powers conferred elsewhere in this 163.4 compact, the commission shall have power to: 163.5 (a) Study state and local tax systems and particular types 163.6 of state and local taxes. 163.7 (b) Develop and recommend proposals for an increase in 163.8 uniformity or compatibility of state and local tax laws with a 163.9 view toward encouraging the simplification and improvement of 163.10 state and local tax law and administration. 163.11 (c) Compile and publish information as in its judgment 163.12 would assist the party states in implementation of the compact 163.13 and taxpayers in complying with state and local tax laws. 163.14 (d) Do all things necessary and incidental to the 163.15 administration of its functions pursuant to this compact. 163.16 Finance. 163.17 4. (a) The commission shall submit to the governor or 163.18 designated officer or officers of each party state a budget of 163.19 its estimated expenditures for such period as may be required by 163.20 the laws of that state for presentation to the legislature 163.21 thereof. 163.22 (b) Each of the commission's budgets of estimated 163.23 expenditures shall contain specific recommendations of the 163.24 amounts to be appropriated by each of the party states. The 163.25 total amount of appropriations requested under any such budget 163.26 shall be apportioned among the party states as follows: 163.27 one-tenth in equal shares; and the remainder in proportion to 163.28 the amount of revenue collected by each party state and its 163.29 subdivisions from income taxes, capital stock taxes, gross 163.30 receipts taxes, sales and use taxes. In determining such 163.31 amounts, the commission shall employ such available public 163.32 sources of information as, in its judgment, present the most 163.33 equitable and accurate comparisons among the party states. Each 163.34 of the commission's budgets of estimated expenditures and 163.35 requests for appropriations shall indicate the sources used in 163.36 obtaining information employed in applying the formula contained 164.1 in this paragraph. 164.2 (c) The commission shall not pledge the credit of any party 164.3 state. The commission may meet any of its obligations in whole 164.4 or in part with funds available to it under paragraph 1(i) of 164.5 this article, provided that the commission takes specific action 164.6 setting aside such funds prior to incurring any obligation to be 164.7 met in whole or in part in such manner. Except where the 164.8 commission makes use of funds available to it under paragraph 164.9 1(i), the commission shall not incur any obligation prior to the 164.10 allotment of funds by the party states adequate to meet the same. 164.11 (d) The commission shall keep accurate accounts of all 164.12 receipts and disbursements. The receipts and disbursements of 164.13 the commission shall be subject to the audit and accounting 164.14 procedures established under its bylaws. All receipts and 164.15 disbursements of funds handled by the commission shall be 164.16 audited yearly by a certified or licensed public accountant and 164.17 the report of the audit shall be included in and become part of 164.18 the annual report of the commission. 164.19 (e) The accounts of the commission shall be open at any 164.20 reasonable time for inspection by duly constituted officers of 164.21 the party states and by any persons authorized by the commission. 164.22 (f) Nothing contained in this article shall be construed to 164.23 prevent commission compliance with laws relating to audit or 164.24 inspection of accounts by or on behalf of any government 164.25 contributing to the support of the commission. 164.26 Article VII. Uniform Regulations and Forms. 164.27 1. Whenever any two or more party states, or subdivisions 164.28 of party states, have uniform or similar provisions of law 164.29 relating to an income tax, capital stock tax, gross receipts 164.30 tax, sales or use tax, the commission may adopt uniform 164.31 regulations for any phase of the administration of such law, 164.32 including assertion of jurisdiction to tax, or prescribing 164.33 uniform tax forms. 164.34 2. Prior to the adoption of any regulation, the commission 164.35 shall: 164.36 (a) As provided in its bylaws, hold at least one public 165.1 hearing on due notice to all affected party states and 165.2 subdivisions thereof and to all taxpayers and other persons who 165.3 have made timely request of the commission for advance notice of 165.4 its regulation-making proceedings. 165.5 (b) Afford all affected party states and subdivisions and 165.6 interested persons an opportunity to submit relevant written 165.7 data and views, which shall be considered fully by the 165.8 commission. 165.9 3. The commission shall submit any regulations adopted by 165.10 it to the appropriate officials of all party states and 165.11 subdivisions to which they might apply. Each such state and 165.12 subdivision shall consider any such regulation for adoption in 165.13 accordance with its own laws and procedures. 165.14 Article VIII. Interstate Audits. 165.15 1. Any party state or subdivision thereof desiring to make 165.16 or participate in an audit of any accounts, books, papers, 165.17 records or other documents may request the commission to perform 165.18 the audit on its behalf. In responding to the request, the 165.19 commission shall have access to and may examine, at any 165.20 reasonable time, such accounts, books, papers, records, and 165.21 other documents and any relevant property or stock of 165.22 merchandise. The commission may enter into agreements with 165.23 party states or their subdivisions for assistance in performance 165.24 of the audit. The commission shall make charges, to be paid by 165.25 the state or local government or governments for which it 165.26 performs the service, for any audits performed by it in order to 165.27 reimburse itself for the actual costs incurred in making the 165.28 audit. 165.29 2. The commission may require the attendance of any person 165.30 within the state where it is conducting an audit or part thereof 165.31 at a time and place fixed by it within such state for the 165.32 purpose of giving testimony with respect to any account, book, 165.33 paper, document, other record, property or stock of merchandise 165.34 being examined in connection with the audit. If the person is 165.35 not within the jurisdiction, he may be required to attend for 165.36 such purpose at any time and place fixed by the commission 166.1 within the state of which he is a resident, provided that such 166.2 state has adopted this article. 166.3 3. The commission may apply to any court having power to 166.4 issue compulsory process for orders in aid of its powers and 166.5 responsibilities pursuant to this article and any and all such 166.6 courts shall have jurisdiction to issue such orders. Failure of 166.7 any person to obey any such order shall be punishable as 166.8 contempt of the issuing court. If the party or subject matter 166.9 on account of which the commission seeks an order is within the 166.10 jurisdiction of the court to which application is made, such 166.11 application may be to a court in the state or subdivision on 166.12 behalf of which the audit is being made or a court in the state 166.13 in which the object of the order being sought is situated. The 166.14 provisions of this paragraph apply only to courts in a state 166.15 that has adopted this article. 166.16 4. The commission may decline to perform any audit 166.17 requested if it finds that its available personnel or other 166.18 resources are insufficient for the purpose or that, in the terms 166.19 requested, the audit is impracticable of satisfactory 166.20 performance. If the commission, on the basis of its experience, 166.21 has reason to believe that an audit of a particular taxpayer, 166.22 either at a particular time or on a particular schedule, would 166.23 be of interest to a number of party states or their 166.24 subdivisions, it may offer to make the audit or audits, the 166.25 offer to be contingent on sufficient participation therein as 166.26 determined by the commission. 166.27 5. Information obtained by any audit pursuant to this 166.28 article shall be confidential and available only for tax 166.29 purposes to party states, their subdivisions or the United 166.30 States. Availability of information shall be in accordance with 166.31 the laws of the states or subdivisions on whose account the 166.32 commission performs the audit, and only through the appropriate 166.33 agencies or officers of such states or subdivisions. Nothing in 166.34 this article shall be construed to require any taxpayer to keep 166.35 records for any period not otherwise required by law. 166.36 6. Other arrangements made or authorized pursuant to law 167.1 for cooperative audit by or on behalf of the party states or any 167.2 of their subdivisions are not superseded or invalidated by this 167.3 article. 167.4 7. In no event shall the commission make any charge 167.5 against a taxpayer for an audit. 167.6 8. As used in this article, "tax," in addition to the 167.7 meaning ascribed to it in article II, means any tax or license 167.8 fee imposed in whole or in part for revenue purposes. 167.9 Article IX. Arbitration. 167.10 1. Whenever the commission finds a need for settling 167.11 disputes concerning apportionments and allocations by 167.12 arbitration, it may adopt a regulation placing this article in 167.13 effect, notwithstanding the provisions of article VII. 167.14 2. The commission shall select and maintain an arbitration 167.15 panel composed of officers and employees of state and local 167.16 governments and private persons who shall be knowledgeable and 167.17 experienced in matters of tax law and administration. 167.18 3. Whenever the laws of the party states or subdivisions 167.19 thereof are substantially identical with the relevant provisions 167.20 of this chapter, the taxpayer, by written notice to the 167.21 commission and to each party state or subdivision thereof that 167.22 would be affected, may secure arbitration of an apportionment or 167.23 allocation, if he is dissatisfied with the final administrative 167.24 determination of the tax agency of the state or subdivision with 167.25 respect thereto on the ground that it would subject him to 167.26 double or multiple taxation by two or more party states or 167.27 subdivisions thereof. Each party state and subdivision thereof 167.28 hereby consents to the arbitration as provided herein, and 167.29 agrees to be bound thereby. 167.30 4. The arbitration board shall be composed of one person 167.31 selected by the taxpayer, one by the agency or agencies 167.32 involved, and one member of the commission's arbitration panel. 167.33 If the agencies involved are unable to agree on the person to be 167.34 selected by them, such person shall be selected by lot from the 167.35 total membership of the arbitration panel. The two persons 167.36 selected for the board in the manner provided by the foregoing 168.1 provisions of this paragraph shall jointly select the third 168.2 member of the board. If they are unable to agree on the 168.3 selection, the third member shall be selected by lot from among 168.4 the total membership of the arbitration panel. No member of a 168.5 board selected by lot shall be qualified to serve if he is an 168.6 officer or employee or is otherwise affiliated with any party to 168.7 the arbitration proceeding. Residence within the jurisdiction 168.8 of a party to the arbitration proceeding shall not constitute 168.9 affiliation within the meaning of this paragraph. 168.10 5. The board may sit in any state or subdivision party to 168.11 the proceeding, in the state of the taxpayer's incorporation, 168.12 residence or domicile, in any state where the taxpayer does 168.13 business, or in any place that it finds most appropriate for 168.14 gaining access to evidence relevant to the matter before it. 168.15 6. The board shall give due notice of the times and places 168.16 of its hearings. The parties shall be entitled to be heard, to 168.17 present evidence, and to examine and cross-examine witnesses. 168.18 The board shall act by majority vote. 168.19 7. The board shall have power to administer oaths, take 168.20 testimony, subpoena and require the attendance of witnesses and 168.21 the production of accounts, books, papers, records, and other 168.22 documents, and issue commissions to take testimony. Subpoenas 168.23 may be signed by any member of the board. In case of failure to 168.24 obey a subpoena, and upon application by the board, any judge of 168.25 a court of competent jurisdiction of the state in which the 168.26 board is sitting or in which the person to whom the subpoena is 168.27 directed may be found may make an order requiring compliance 168.28 with the subpoena, and the court may punish failure to obey the 168.29 order as a contempt. The provisions of this paragraph apply 168.30 only in states that have adopted this article. 168.31 8. Unless the parties otherwise agree the expenses and 168.32 other costs of the arbitration shall be assessed and allocated 168.33 among the parties by the board in such manner as it may 168.34 determine. The commission shall fix a schedule of compensation 168.35 for members of arbitration boards and of other allowable 168.36 expenses and costs. No officer or employee of a state or local 169.1 government who serves as a member of a board shall be entitled 169.2 to compensation therefor unless he is required on account of his 169.3 service to forego the regular compensation attaching to his 169.4 public employment, but any such board member shall be entitled 169.5 to expenses. 169.6 9. The board shall determine the disputed apportionment or 169.7 allocation and any matters necessary thereto. The 169.8 determinations of the board shall be final for purposes of 169.9 making the apportionment or allocation, but for no other purpose. 169.10 10. The board shall file with the commission and with each 169.11 tax agency represented in the proceeding: the determination of 169.12 the board; the board's written statement of its reasons 169.13 therefor; the record of the board's proceedings; and any other 169.14 documents required by the arbitration rules of the commission to 169.15 be filed. 169.16 11. The commission shall publish the determinations of 169.17 boards together with the statements of the reasons therefor. 169.18 12. The commission shall adopt and publish rules of 169.19 procedure and practice and shall file a copy of such rules and 169.20 of any amendment thereto with the appropriate agency or officer 169.21 in each of the party states. 169.22 13. Nothing contained herein shall prevent at any time a 169.23 written compromise of any matter or matters in dispute, if 169.24 otherwise lawful, by the parties to the arbitration proceedings. 169.25 Article X. Entry Into Force and Withdrawal. 169.26 1. This compact shall become effective as to any other 169.27 state upon its enactment. The commission shall arrange for 169.28 notification of all party states whenever there is a new 169.29 enactment of the compact. 169.30 2. Any party state may withdraw from this compact by 169.31 enacting a statute repealing the same. No withdrawal shall 169.32 affect any liability already incurred by or chargeable to a 169.33 party state prior to the time of such withdrawal. 169.34 3. No proceeding commenced before an arbitration board 169.35 prior to the withdrawal of a state and to which the withdrawing 169.36 state or any subdivision thereof is a party shall be 170.1 discontinued or terminated by the withdrawal, nor shall the 170.2 board thereby lose jurisdiction over any of the parties to the 170.3 proceeding necessary to make a binding determination therein. 170.4 Article XI. Effect on Other Laws and Jurisdictions. 170.5 Nothing in this compact shall be construed to: 170.6 (a) Affect the power of any state or subdivision thereof to 170.7 fix rates of taxation. 170.8 (b) Apply to any tax or fixed fee imposed for the 170.9 registration of a motor vehicle or any tax on motor fuel, other 170.10 than a sales tax, provided that the definition of "tax" in 170.11 article VIII 9 may apply for the purposes of that article and 170.12 the commission's powers of study and recommendation pursuant to 170.13 article VI 3 may apply. 170.14 (c) Withdraw or limit the jurisdiction of any state or 170.15 local court or administrative officer or body with respect to 170.16 any person, corporation or other entity or subject matter, 170.17 except to the extent that such jurisdiction is expressly 170.18 conferred by or pursuant to this compact upon another agency or 170.19 body. 170.20 (d) Supersede or limit the jurisdiction of any court of the 170.21 United States. 170.22 Article XII. Construction and Severability. 170.23 This compact shall be liberally construed so as to 170.24 effectuate the purposes thereof. The provisions of this compact 170.25 shall be severable and if any phrase, clause, sentence, or 170.26 provision of this compact is declared to be contrary to the 170.27 constitution of any state or of the United States or the 170.28 applicability thereof to any government, agency, person or 170.29 circumstance is held invalid, the validity of the remainder of 170.30 this compact and the applicability thereof to any government, 170.31 agency, person or circumstance shall not be affected thereby. 170.32 If this compact shall be held contrary to the constitution of 170.33 any state participating therein, the compact shall remain in 170.34 full force and effect as to the remaining party states and in 170.35 full force and effect as to the state affected as to all 170.36 severable matters. 171.1 Sec. 50. Minnesota Statutes 1996, section 299F.051, 171.2 subdivision 3, is amended to read: 171.3 Subd. 3. [IN-SERVICE TRAINING.] The state fire marshal and 171.4 the superintendent of the bureau of criminal apprehension, in 171.5 cooperation with the Minnesota board of peace officer standards 171.6 and training, shall encourage the establishment of in-service 171.7 and refresher training for firefighters and peace officers 171.8 through schools administered by the state, county, school 171.9 district, municipality, or joint or contractual combinations 171.10 thereof. The Minnesota board of peace officers standards and 171.11 training shall report to the governor and legislatureon the 171.12 progress made in this effort as provided in section 626.843. 171.13 Sec. 51. Minnesota Statutes 1996, section 360.015, 171.14 subdivision 17, is amended to read: 171.15 Subd. 17. [REPORT TO GOVERNOR.] On or before October 1 in 171.16 every even-numbered year the commissioner shall make to the 171.17 governor a full report of the proceedings of the department for 171.18 the preceding two fiscal years, together with the commissioner's 171.19 recommendations pertaining to the affairs of the department. 171.20 The governor shall transmit this report to the legislature by171.21 November 15 of each even-numbered year.171.22 Sec. 52. Minnesota Statutes 1996, section 363.05, 171.23 subdivision 1, is amended to read: 171.24 Subdivision 1. [FORMULATION OF POLICIES.] The commissioner 171.25 shall formulate policies to effectuate the purposes of this 171.26 chapter and shall: 171.27 (1) exercise leadership under the direction of the governor 171.28 in the development of human rights policies and programs, and 171.29 make recommendations to the governor and the legislature for 171.30 their consideration and implementation; 171.31 (2) establish and maintain a principal office in St. Paul, 171.32 and any other necessary branch offices at any location within 171.33 the state; 171.34 (3) meet and function at any place within the state; 171.35 (4) employ attorneys, clerks, and other employees and 171.36 agents as the commissioner may deem necessary and prescribe 172.1 their duties; 172.2 (5) to the extent permitted by federal law and regulation, 172.3 utilize the records of the department of economic security of 172.4 the state when necessary to effectuate the purposes of this 172.5 chapter; 172.6 (6) obtain upon request and utilize the services of all 172.7 state governmental departments and agencies; 172.8 (7) adopt suitable rules for effectuating the purposes of 172.9 this chapter; 172.10 (8) issue complaints, receive and investigate charges 172.11 alleging unfair discriminatory practices, and determine whether 172.12 or not probable cause exists for hearing; 172.13 (9) subpoena witnesses, administer oaths, take testimony, 172.14 and require the production for examination of any books or 172.15 papers relative to any matter under investigation or in 172.16 question; 172.17 (10) attempt, by means of education, conference, 172.18 conciliation, and persuasion to eliminate unfair discriminatory 172.19 practices as being contrary to the public policy of the state; 172.20 (11) develop and conduct programs of formal and informal 172.21 education designed to eliminate discrimination and intergroup 172.22 conflict by use of educational techniques and programs the 172.23 commissioner deems necessary; 172.24 (12) make a written report of the activities of the 172.25 commissioner to the governor each year and to the legislature by172.26 November 15 of each even-numbered year; 172.27 (13) accept gifts, bequests, grants or other payments 172.28 public and private to help finance the activities of the 172.29 department; 172.30 (14) create such local and statewide advisory committees as 172.31 will in the commissioner's judgment aid in effectuating the 172.32 purposes of the department of human rights; 172.33 (15) develop such programs as will aid in determining the 172.34 compliance throughout the state with the provisions of this 172.35 chapter, and in the furtherance of such duties, conduct research 172.36 and study discriminatory practices based upon race, color, 173.1 creed, religion, national origin, sex, age, disability, marital 173.2 status, status with regard to public assistance, familial 173.3 status, sexual orientation, or other factors and develop 173.4 accurate data on the nature and extent of discrimination and 173.5 other matters as they may affect housing, employment, public 173.6 accommodations, schools, and other areas of public life; 173.7 (16) develop and disseminate technical assistance to 173.8 persons subject to the provisions of this chapter, and to 173.9 agencies and officers of governmental and private agencies; 173.10 (17) provide staff services to such advisory committees as 173.11 may be created in aid of the functions of the department of 173.12 human rights; 173.13 (18) make grants in aid to the extent that appropriations 173.14 are made available for that purpose in aid of carrying out 173.15 duties and responsibilities; and 173.16 (19) cooperate and consult with the commissioner of labor 173.17 and industry regarding the investigation of violations of, and 173.18 resolution of complaints regarding section 363.03, subdivision 9. 173.19 In performing these duties, the commissioner shall give 173.20 priority to those duties in clauses (8), (9), and (10) and to 173.21 the duties in section 363.073. 173.22 Sec. 53. Minnesota Statutes 1996, section 383A.43, 173.23 subdivision 6, is amended to read: 173.24 Subd. 6. [MINUTES; REPORTS TO LEGISLATURE.] The committee 173.25 shall keep minutes of its meetings which are open to the 173.26 public. It shall make a periodic report to members of the173.27 delegation from the county in the legislature and shall keep173.28 them fully informed on each matter that comes before the173.29 committee, the action taken thereon, and the progress made in173.30 relation thereto.At least 30 days before each biennial 173.31 legislative session, the committee shall make a written report 173.32 summarizing its activities, investigations, surveys and findings 173.33 of facts to the members of the legislature from the county and173.34 to the public. 173.35 Sec. 54. Minnesota Statutes 1996, section 458A.08, is 173.36 amended to read: 174.1 458A.08 [COMMISSION; ANNUAL REPORTS.] 174.2 The commission on or before November 30, 1969, and annually 174.3 thereafter, shall prepare a report for the preceding fiscal 174.4 year, also, so far as practicable, for the further time up to 174.5 the preparation of the report, containing, in addition to such 174.6 other matters as the commission may deem proper, the following: 174.7 (a) the activities of the commission during the period 174.8 covered by the report; 174.9 (b) the financial condition of public transit systems under 174.10 the control of the commission; 174.11 (c) a complete financial accounting of moneys received and 174.12 spent by the commission during the fiscal year; 174.13 (d) recommendations for improvements of or additions to the 174.14 mass transit facilities of the area to provide adequate, speedy, 174.15 and efficient means of transporting people therein; 174.16 (e) recommendations for any needed legislation in 174.17 furtherance of the aforesaid purposes. 174.18 Each report shall be filed with the secretary of the 174.19 commission and a copy shall be filed with the secretary of 174.20 state. Copies shall also be submitted to the legislature at the174.21 opening of each regular session after July 1, 1969, andshall be 174.22 distributed annually to the governor and to each member of the174.23 legislature under section 3.195, each county commission, and 174.24 each elected chief executive of each municipality in the transit 174.25 area. 174.26 Sec. 55. Minnesota Statutes 1996, section 462A.07, 174.27 subdivision 7, is amended to read: 174.28 Subd. 7. [RECOMMENDATIONS TO GOVERNOR AND LEGISLATURE.] It 174.29 may survey and investigate the housing conditions and needs, 174.30 both urban and rural, throughout the state and make 174.31 recommendations to the governor and the legislatureas to 174.32 legislation and other measures necessary or advisable to 174.33 alleviate any existing housing shortage in the state. 174.34 Sec. 56. Minnesota Statutes 1996, section 473.1623, 174.35 subdivision 3, is amended to read: 174.36 Subd. 3. [FINANCIAL REPORT.] By December 15 of 175.1 even-numbered years, the council, in consultation with the 175.2 advisory committee, shall publish a consolidated financial 175.3 report for the council and all metropolitan agencies and their 175.4 functions, services, and systems. The financial report must 175.5 cover the calendar year in which the report is published and the 175.6 two years preceding and three years succeeding that year. The 175.7 financial report must contain the following information, for 175.8 each agency, function, or system, respectively, and in the 175.9 aggregate, in a consistent format that allows comparison over 175.10 time and among agencies in expenditure and revenue categories: 175.11 (1) financial policies, goals, and priorities; 175.12 (2) levels and allocation of public expenditure, including 175.13 capital, debt, operating, and pass-through funds, stated in the 175.14 aggregate and by appropriate functional, programmatic, 175.15 administrative, and geographic categories, and the changes in 175.16 expenditure levels and allocations that the report represents; 175.17 (3) the resources available under existing fiscal policy; 175.18 (4) additional resources, if any, that are or may be 175.19 required; 175.20 (5) changes in council or agency policies on regional 175.21 sources of revenue and in levels of debt, user charges, and 175.22 taxes; 175.23 (6) other changes in existing fiscal policy, on regional 175.24 revenues and intergovernmental aids respectively, that are 175.25 expected or that have been or may be recommended by the council 175.26 or the respective agencies; 175.27 (7) an analysis that links, as far as practicable, the uses 175.28 of funds and the sources of funds, by appropriate categories and 175.29 in the aggregate; 175.30 (8) a description of how the fiscal policies effectuate 175.31 current policy and implementation plans of the council and 175.32 agencies concerned; and 175.33 (9) a summary of significant changes in council and agency 175.34 finance and an analysis of fiscal trends. 175.35 The council shall present the report for discussion and 175.36 comment at a public meeting in the metropolitan area and176.1 request, in writing, an opportunity to make presentations on the176.2 report before appropriate committees of the legislature. 176.3 Sec. 57. Minnesota Statutes 1996, section 473.1623, 176.4 subdivision 4, is amended to read: 176.5 Subd. 4. [FINANCIAL REPORTING; BUDGETING.] The advisory 176.6 committee, with the assistance of the state auditor and the 176.7 legislative auditor, shall develop uniform or consistent 176.8 standards, formats, and procedures for the budgets and financial 176.9 reports of the council and all metropolitan agencies. The176.10 council shall report to the legislature from time to time on176.11 progress made by the committee in improving the uniformity and176.12 quality of budgets and financial reports and on legislation that176.13 may be needed for this purpose.176.14 Sec. 58. Minnesota Statutes 1996, section 473.1623, 176.15 subdivision 5, is amended to read: 176.16 Subd. 5. [ADMINISTRATIVE COORDINATION.] The advisory 176.17 committee shall evaluate the benefits, costs, methods, and 176.18 effects, including operational effects, of joint or uniform and 176.19 coordinated exercise of powers by the council and metropolitan 176.20 agencies for appropriate administrative functions. The study 176.21 must include at least ongoing managerial reporting, contracts, 176.22 purchasing, data processing, and personnel. The council shall176.23 report to the legislature from time to time on the findings and176.24 recommendations of the advisory committee to date and on legal176.25 and other impediments to increased coordination of176.26 administrative functions. Before submitting the report, the176.27 council shall request comments on the report from the affected176.28 metropolitan agencies, and the comments must be submitted along176.29 with the report.176.30 Sec. 59. Minnesota Statutes 1996, section 473.3994, 176.31 subdivision 9, is amended to read: 176.32 Subd. 9. [LIGHT RAIL TRANSIT OPERATING COSTS.] (a) Before 176.33 submitting an application for federal assistance for light rail 176.34 transit facilities in the metropolitan area, the applicant must 176.35 provide to the metropolitan council estimates of the amount of 176.36 operating subsidy which will be required to operate light rail 177.1 transit in the corridor to which the federal assistance would be 177.2 applied. The information provided to the council must indicate 177.3 the amount of operating subsidy estimated to be required in each 177.4 of the first ten years of operation of the light rail transit 177.5 facility. 177.6 (b) The council must review and evaluate the information 177.7 provided under paragraph (a) with regard to the effect of 177.8 operating the light rail transit facility on the currently 177.9 available mechanisms for financing transit in the metropolitan 177.10 area. 177.11 (c) The council must present its evaluation to the177.12 transportation and taxes committees of the house and senate, to177.13 the appropriations committee of the house and the finance177.14 committee of the senate, to the local government and177.15 metropolitan affairs committee of the house, and to the177.16 metropolitan affairs committee of the senate.177.17 Sec. 60. Minnesota Statutes 1996, section 473.598, 177.18 subdivision 3, is amended to read: 177.19 Subd. 3. [COMMISSION PROPOSAL.] (a) If the commission 177.20 makes a final determination to acquire the basketball and hockey 177.21 arena, the commission may then submit to the metropolitan 177.22 council a proposal to bond for and acquire the basketball and 177.23 hockey arena. The commission's proposal shall contain all 177.24 information deemed appropriate or necessary by the council to 177.25 its determinations pursuant to section 473.599, subdivision 4. 177.26 The commission, in preparing the proposal for the council, shall 177.27 require of the sellers and of the professional teams that are 177.28 potential lessees or other potential lessees and all of their 177.29 affiliated entities any and all data relevant to the 177.30 acquisition, financing, ownership, and operation of the 177.31 basketball and hockey arena, including, but not limited to, 177.32 contracts, agreements, profit and loss statements, annual audit 177.33 statements and balance sheets. The commission shall contract 177.34 with an independent, nationally recognized firm of certified 177.35 public accountants to perform due diligence and provide an 177.36 economic feasibility study or report with regard to the data 178.1 received by the commission from the sellers, the potential 178.2 lessees, and affiliated entities. In evaluating whether to 178.3 acquire the basketball and hockey arena, the commission shall 178.4 consider among other factors, (a) total capital and operating 178.5 costs of the basketball and hockey arena to the commission and 178.6 total commission revenues from the basketball and hockey arena 178.7 over the expected life of the facility, including any 178.8 contributions by the state, local units of government or other 178.9 organizations, (b) the total governmental costs associated with 178.10 the acquisition and operation of the basketball and hockey 178.11 arena, including the cost to all units and agencies of 178.12 government as well as the costs to the commission, (c) the net 178.13 gain or loss of taxes to the state and all local government 178.14 units, and (d) economic and other benefits accruing to the 178.15 public. 178.16 (b) Before submitting its proposal to the metropolitan 178.17 council under paragraph (a), the commission shall submit the 178.18 proposal to the legislative auditor andthe department of 178.19 finance for review, evaluation, and comment. The legislative178.20 auditor shall present the evaluation and comments to the178.21 legislative audit commission. Both the legislative auditor and178.22 the commissioner of finance shall present their evaluation and178.23 comments to the chairs of the house taxes, and ways and means178.24 committees, to the chair of the state government finance178.25 division of the house governmental operations committee, and to178.26 the chairs of the senate taxes and finance committees.Any data 178.27 which is not public data under subdivision 4 shall remain not 178.28 public data when given to the legislative auditor orthe 178.29 department of finance. 178.30 Sec. 61. Minnesota Statutes 1996, section 609.101, 178.31 subdivision 4, is amended to read: 178.32 Subd. 4. [MINIMUM FINES; OTHER CRIMES.] Notwithstanding 178.33 any other law: 178.34 (1) when a court sentences a person convicted of a felony 178.35 that is not listed in subdivision 2 or 3, it must impose a fine 178.36 of not less than 30 percent of the maximum fine authorized by 179.1 law nor more than the maximum fine authorized by law; and 179.2 (2) when a court sentences a person convicted of a gross 179.3 misdemeanor or misdemeanor that is not listed in subdivision 2, 179.4 it must impose a fine of not less than 30 percent of the maximum 179.5 fine authorized by law nor more than the maximum fine authorized 179.6 by law, unless the fine is set at a lower amount on a uniform 179.7 fine schedule established by the conference of chief judges in 179.8 consultation with affected state and local agencies. This 179.9 schedule shall be promulgated and reported to the legislature179.10 not later than January 1 of each year and shall become effective 179.11 on August 1 of that year unless the legislature, by law, 179.12 provides otherwise. 179.13 The minimum fine required by this subdivision is in 179.14 addition to the surcharge or assessment required by subdivision 179.15 1 and is in addition to any sentence of imprisonment or 179.16 restitution imposed or ordered by the court. 179.17 The court shall collect the fines mandated in this 179.18 subdivision and, except for fines for traffic and motor vehicle 179.19 violations governed by section 169.871 and section 299D.03 and 179.20 fish and game violations governed by section 97A.065, forward 20 179.21 percent of the revenues to the state treasurer for deposit in 179.22 the general fund. 179.23 Sec. 62. Minnesota Statutes 1996, section 611.216, 179.24 subdivision 3, is amended to read: 179.25 Subd. 3. [REPORT.] Each corporation shall submit reports 179.26 showing, at a minimum, the number of clients served, the number 179.27 of charges brought, the number of cases of each kind, such as 179.28 felonies, gross misdemeanors, misdemeanors, and juvenile 179.29 delinquencies, the number of dispositions of each kind, such as 179.30 jury trials, court trials, guilty pleas, and dismissals, the 179.31 number of court appearances, and financial data. This179.32 information must be summarized for each corporation in the179.33 budget documents submitted to the legislature.179.34 Sec. 63. Minnesota Statutes 1996, section 611.25, 179.35 subdivision 3, is amended to read: 179.36 Subd. 3. [DUTIES.] The state public defender shall prepare 180.1 a biennial report to the board and a report to the governor , the180.2 legislature,and the supreme court on the operation of the state 180.3 public defender's office, district defender systems, and public 180.4 defense corporations. The biennial report is due on or before 180.5 the beginning of the legislative session following the end of 180.6 the biennium. The state public defender may require the 180.7 reporting of statistical data, budget information, and other 180.8 cost factors by the chief district public defenders and 180.9 appointed counsel systems. The state public defender shall 180.10 design and conduct programs for the training of all state and 180.11 district public defenders, appointed counsel, and attorneys for 180.12 public defense corporations funded under section 611.26. The 180.13 state public defender shall establish policies and procedures to 180.14 administer the district public defender system, consistent with 180.15 standards adopted by the state board of public defense. 180.16 Sec. 64. Minnesota Statutes 1996, section 611A.56, 180.17 subdivision 1, is amended to read: 180.18 Subdivision 1. [DUTIES.] In addition to carrying out any 180.19 duties specified elsewhere in sections 611A.51 to 611A.68 or in 180.20 other law, the board shall: 180.21 (a) provide all claimants with an opportunity for hearing 180.22 pursuant to chapter 14; 180.23 (b) adopt rules to implement and administer sections 180.24 611A.51 to 611A.68, including rules governing the method of 180.25 practice and procedure before the board, prescribing the manner 180.26 in which applications for reparations shall be made, and 180.27 providing for discovery proceedings; 180.28 (c) publicize widely the availability of reparations and 180.29 the method of making claims; and 180.30 (d) prepare and transmit annually to the governor ,and the 180.31 commissioner of public safety , and the legislaturea report of 180.32 its activities including the number of claims awarded, a brief 180.33 description of the facts in each case, the amount of reparation 180.34 awarded, and a statistical summary of claims and awards made and 180.35 denied. 180.36 Sec. 65. Minnesota Statutes 1996, section 626.843, 181.1 subdivision 3, is amended to read: 181.2 Subd. 3. [BOARD AUTHORITY.] The board may, in addition: 181.3 (a) Recommend studies, surveys, and reports to be made by 181.4 the executive director regarding the carrying out of the 181.5 objectives and purposes of sections 626.841 to 626.855; 181.6 (b) Visit and inspect any peace officer training school 181.7 approved by the executive director or for which application for 181.8 such approval has been made; 181.9 (c) Make recommendations, from time to time, to the 181.10 executive director, attorney general, and the governor , and the181.11 legislatureregarding the carrying out of the objectives and 181.12 purposes of sections 626.841 to 626.855; 181.13 (d) Perform such other acts as may be necessary or 181.14 appropriate to carry out the powers and duties of the board as 181.15 set forth in sections 626.841 to 626.855; 181.16 (e) Cooperate with and receive financial assistance from 181.17 and join in projects or enter into contracts with the federal 181.18 government or its agencies for the furtherance of the purposes 181.19 of Laws 1977, chapter 433. 181.20 Sec. 66. Minnesota Statutes 1996, section 626.845, 181.21 subdivision 1, is amended to read: 181.22 Subdivision 1. [POWERS AND DUTIES.] The board shall have 181.23 the following powers and duties: 181.24 (a) To certify peace officers' training schools or programs 181.25 administered by state, county and municipalities located within 181.26 this state in whole or in part no later than 90 days after 181.27 receipt of an application for certification. The reasons for 181.28 noncertification of any school or program or part thereof shall 181.29 be transmitted to the school within 90 days and shall contain a 181.30 detailed explanation of the reasons for which the school or 181.31 program was disapproved and an explanation of what supporting 181.32 material or other requirements are necessary for the board to 181.33 reconsider. Disapproval of a school or program shall not 181.34 preclude the reapplication for certification of the school or 181.35 program; 181.36 (b) To issue certificates to schools, and to revoke such 182.1 certification when necessary to maintain the objectives and 182.2 purposes of sections 626.841 to 626.855; 182.3 (c) To certify, as qualified, instructors at peace officer 182.4 training schools, and to issue appropriate certificates to such 182.5 instructors; 182.6 (d) To license peace officers who have satisfactorily 182.7 completed certified basic training programs, and passed 182.8 examinations as required by the board; 182.9 (e) To cause studies and surveys to be made relating to the 182.10 establishment, operation, and approval of state, county, and 182.11 municipal peace officer training schools; 182.12 (f) To consult and cooperate with state, county, and 182.13 municipal peace officer training schools for the development of 182.14 in-service training programs for peace officers; 182.15 (g) To consult and cooperate with universities, colleges, 182.16 and technical colleges for the development of specialized 182.17 courses of instruction and study in the state for peace officers 182.18 and part-time peace officers in police science and police 182.19 administration; 182.20 (h) To consult and cooperate with other departments and 182.21 agencies of the state and federal government concerned with 182.22 peace officer standards and training; 182.23 (i) To perform such other acts as may be necessary and 182.24 appropriate to carry out the powers and duties as set forth in 182.25 the provisions of sections 626.841 to 626.855; 182.26 (j) To coordinate the provision, on a regional basis, of 182.27 skills oriented basic training courses to graduates of certified 182.28 law enforcement training schools or programs; 182.29 (k) To obtain criminal conviction data for persons seeking 182.30 a license to be issued or possessing a license issued by the 182.31 board. The board shall have authority to obtain criminal 182.32 conviction data to the full extent that any other law 182.33 enforcement agency, as that term is defined by state or federal 182.34 law, has to obtain the data; 182.35 (l) To prepare and transmit annually to the governor and182.36 the legislaturea report of its activities with respect to 183.1 allocation of moneys appropriated to it for peace officers 183.2 training, including the name and address of each recipient of 183.3 money for that purpose, the amount awarded, and the purpose of 183.4 the award; 183.5 (m) To assist and cooperate with any political subdivision 183.6 or state law enforcement agency which employs persons licensed 183.7 by the board to establish written procedures for the 183.8 investigation and resolution of allegations of misconduct of 183.9 persons licensed by the board, and to enforce licensing 183.10 sanctions for failure to implement such procedures; and 183.11 (n) To assist and cooperate with political subdivisions and 183.12 state law enforcement agencies that employ persons licensed by 183.13 the board in establishing written procedures to govern the 183.14 conduct of peace officers who are in pursuit of a vehicle in 183.15 violation of section 609.487, and requirements for the training 183.16 of peace officers in conducting pursuits. The board may impose 183.17 licensing sanctions for failure to establish pursuit procedures 183.18 and training requirements by October 1, 1989. 183.19 Sec. 67. [REPEALER.] 183.20 Minnesota Statutes 1996, sections 3.922, subdivision 9; 183.21 15.475; 16B.87, subdivision 4; 17.452, subdivision 3; 116D.11, 183.22 subdivision 4; 126.78, subdivision 5; 144.95, subdivision 9; 183.23 145A.12, subdivision 6; 148.578; 174.23, subdivision 5; 196.22, 183.24 subdivision 4; 246.57, subdivision 2; 254B.03, subdivision 8; 183.25 256B.04, subdivision 11; 256B.0629, subdivision 3; 256F.11, 183.26 subdivision 3; 256F.12, subdivision 5; 260.152, subdivision 7; 183.27 325F.98; 388.24, subdivision 5; 494.05, subdivision 3; 611.27, 183.28 subdivision 14; and 611A.75, are repealed. 183.29 PART B 183.30 Sec. 68. Minnesota Statutes 1996, section 14.62, 183.31 subdivision 3, is amended to read: 183.32 Subd. 3. [AWARD OF FEES AND OTHER EXPENSES.] Fees and 183.33 expenses must be awarded as provided in sections 15.471 to 183.34 15.47515.474. 183.35 Sec. 69. Minnesota Statutes 1996, section 15.471, 183.36 subdivision 1, is amended to read: 184.1 Subdivision 1. [TERMS DEFINED.] For purposes of this 184.2 section and sections 15.471 to 15.47515.474, the terms defined 184.3 in this section have the meanings given them. 184.4 Sec. 70. Minnesota Statutes 1996, section 270A.09, 184.5 subdivision 3, is amended to read: 184.6 Subd. 3. [CONTESTED CASE; FINAL DECISION.] The report of 184.7 the administrative law judge shall contain a decision and order, 184.8 which constitute the final decision in the contested case. A 184.9 copy of the decision and order shall be served by first class 184.10 mail upon each party, the commissioner of revenue, and the 184.11 attorney general. Fees and expenses may be awarded as provided 184.12 in sections 15.471 to 15.47515.474. The provisions for 184.13 judicial review under sections 14.63 to 14.68 apply to decisions 184.14 of the administrative law judge under this subdivision. 184.15 Sec. 71. Minnesota Statutes 1996, section 325F.84, 184.16 subdivision 1, is amended to read: 184.17 Subdivision 1. [APPLICABILITY.] As used in sections 184.18 325F.84 to 325F.98325F.97, the following terms have the 184.19 meanings given them. 184.20 PART C 184.21 Sec. 72. [RETROACTIVE EFFECTIVE DATE.] 184.22 Sections 2 to 71 are effective retroactive to October 15, 184.23 1995. 184.24 ARTICLE 3 184.25 CHICANO/LATINO AFFAIRS COUNCIL 184.26 Section 1. Minnesota Statutes 1996, section 15.0591, 184.27 subdivision 2, is amended to read: 184.28 Subd. 2. [BODIES AFFECTED.] A member meeting the 184.29 qualifications in subdivision 1 must be appointed to the 184.30 following boards, commissions, advisory councils, task forces, 184.31 or committees: 184.32 (1) advisory council on battered women; 184.33 (2) advisory task force on the use of state facilities; 184.34 (3) alcohol and other drug abuse advisory council; 184.35 (4) board of examiners for nursing home administrators; 184.36 (5) board on aging; 185.1 (6) chiropractic examiners board; 185.2 (7) consumer advisory council on vocational rehabilitation; 185.3 (8) council on disability; 185.4 (9) council on affairs of Spanish-speakingChicano/Latino 185.5 people; 185.6 (10) council on Black Minnesotans; 185.7 (11) dentistry board; 185.8 (12) department of economic security advisory council; 185.9 (13) higher education services office; 185.10 (14) housing finance agency; 185.11 (15) Indian advisory council on chemical dependency; 185.12 (16) medical practice board; 185.13 (17) medical policy directional task force on mental 185.14 health; 185.15 (18) Minnesota employment and economic development task 185.16 force; 185.17 (19) Minnesota office of citizenship and volunteer services 185.18 advisory committee; 185.19 (20) Minnesota state arts board; 185.20 (21) mortuary sciences advisory council; 185.21 (22) nursing board; 185.22 (23) optometry board; 185.23 (24) pharmacy board; 185.24 (25) physical therapists council; 185.25 (26) podiatry board; 185.26 (27) psychology board; 185.27 (28) veterans advisory committee. 185.28 Sec. 2. Minnesota Statutes 1996, section 15.441, 185.29 subdivision 1, is amended to read: 185.30 Subdivision 1. [STATE AGENCIES; BILINGUAL EMPLOYEES.] 185.31 Every state agency that is directly involved in furnishing 185.32 information or rendering services to the public and that serves 185.33 a substantial number of non-English-speaking people shall employ 185.34 enough qualified bilingual persons in public contact positions, 185.35 or enough interpreters to assist those in these positions, to 185.36 ensure provision of information and services in the language 186.1 spoken by a substantial number of non-English-speaking people. 186.2 The commissioner of administration shall determine the 186.3 application of this section to each state agency, in 186.4 consultation with the council on affairs of Spanish-speaking186.5 Chicano/Latino people, groups representing other 186.6 non-English-speaking people, and the head of the agency. In 186.7 determining what constitutes a substantial number of 186.8 non-English-speaking people, the commissioner shall consider: 186.9 (1) the number of people served by the agency; 186.10 (2) the number of non-English-speaking people served by the 186.11 agency; 186.12 (3) the frequency with which non-English-speaking people 186.13 are served by the agency; and 186.14 (4) the extent to which information or services rendered by 186.15 the agency affect legal rights, privileges, or duties. 186.16 Sec. 3. Minnesota Statutes 1996, section 121.1601, 186.17 subdivision 3, is amended to read: 186.18 Subd. 3. [ADVISORY BOARD.] The commissioner shall 186.19 establish an advisory board composed of: 186.20 (1) eight superintendents, each of whom shall be selected 186.21 by the superintendents of the school districts located in whole 186.22 or in part within each of the eight metropolitan districts 186.23 established under section 473.123, subdivision 3c; and 186.24 (2) one person each selected by the Indian affairs council, 186.25 the council on Asian-Pacific Minnesotans, the council on Black 186.26 Minnesotans, and the Spanish Speaking Affairscouncil on affairs 186.27 of Chicano/Latino people. 186.28 The advisory board shall advise the office on complying 186.29 with the requirements under subdivision 1. The advisory board 186.30 may solicit comments from teachers, parents, students, and 186.31 interested community organizations and others. 186.32 Sec. 4. Minnesota Statutes 1996, section 148C.11, 186.33 subdivision 3, is amended to read: 186.34 Subd. 3. [FEDERALLY RECOGNIZED TRIBES; ETHNIC MINORITIES.] 186.35 (a) Alcohol and drug counselors licensed to practice alcohol and 186.36 drug counseling according to standards established by federally 187.1 recognized tribes, while practicing under tribal jurisdiction, 187.2 are exempt from the requirements of this chapter. In practicing 187.3 alcohol and drug counseling under tribal jurisdiction, 187.4 individuals licensed under that authority shall be afforded the 187.5 same rights, responsibilities, and recognition as persons 187.6 licensed pursuant to this chapter. 187.7 (b) The commissioner shall develop special licensing 187.8 criteria for issuance of a license to alcohol and drug 187.9 counselors who: (1) are members of ethnic minority groups; or 187.10 (2) are employed by private, nonprofit agencies, including 187.11 agencies operated by private, nonprofit hospitals, whose primary 187.12 agency service focus addresses ethnic minority populations. 187.13 These licensing criteria may differ from the licensing criteria 187.14 specified in section 148C.04. To develop these criteria, the 187.15 commissioner shall establish a committee comprised of but not 187.16 limited to representatives from the council on hearing impaired, 187.17 the council on affairs of Spanish-speakingChicano/Latino 187.18 people, the council on Asian-Pacific Minnesotans, the council on 187.19 Black Minnesotans, and the Indian affairs council. 187.20 Sec. 5. Minnesota Statutes 1996, section 242.56, 187.21 subdivision 3, is amended to read: 187.22 Subd. 3. [ADVISORY GROUP.] The commissioner shall appoint 187.23 an advisory group to assist in selecting sites under this 187.24 section. The commissioner shall include among the members of 187.25 the group representatives of the following: the council on 187.26 Black Minnesotans, the council on theaffairs of 187.27 Spanish-speakingChicano/Latino people, the council on 187.28 Asian-Pacific Minnesotans, the Indian affairs council, the 187.29 commissioner of children, families, and learning, community 187.30 corrections officials, county corrections officials, the 187.31 association of counties, and the association of county probation 187.32 officers. 187.33 Sec. 6. Minnesota Statutes 1996, section 257.072, 187.34 subdivision 5, is amended to read: 187.35 Subd. 5. [MINORITY PLACEMENTS.] Beginning December 1, 187.36 1996, the commissioner shall provide to the Indian affairs 188.1 council, the council on affairs of Spanish-speaking188.2 Chicano/Latino people, the council on Black Minnesotans, and the 188.3 council on Asian-Pacific Minnesotans the annual report required 188.4 under section 257.0725. 188.5 Sec. 7. Minnesota Statutes 1996, section 257.0755, 188.6 subdivision 1, is amended to read: 188.7 Subdivision 1. [CREATION.] One ombudsperson shall operate 188.8 independently from but in collaboration with each of the 188.9 following groups: the Indian affairs council, 188.10 the Spanish-Speaking affairscouncil on affairs of 188.11 Chicano/Latino people, the council on Black Minnesotans, and the 188.12 council on Asian-Pacific Minnesotans. 188.13 Sec. 8. Minnesota Statutes 1996, section 257.0768, 188.14 subdivision 1, is amended to read: 188.15 Subdivision 1. [MEMBERSHIP.] Four community-specific 188.16 boards are created. Each board consists of five members. The 188.17 chair of each of the following groups shall appoint the board 188.18 for the community represented by the group: the Indian affairs 188.19 council; the Spanish-Speaking Affairscouncil on affairs of 188.20 Chicano/Latino people; the council on Black Minnesotans; and the 188.21 council on Asian-Pacific Minnesotans. In making appointments, 188.22 the chair must consult with other members of the council. 188.23 Sec. 9. Minnesota Statutes 1996, section 257.0769, is 188.24 amended to read: 188.25 257.0769 [FUNDING FOR THE OMBUDSPERSON PROGRAM.] 188.26 (a) Money is appropriated from the special fund authorized 188.27 by section 256.01, subdivision 2, clause (15), to the Indian 188.28 affairs council for the purposes of sections 257.0755 to 188.29 257.0768. 188.30 (b) Money is appropriated from the special fund authorized 188.31 by section 256.01, subdivision 2, clause (15), to the 188.32 Spanish-speaking Affairscouncil on affairs of Chicano/Latino 188.33 people for the purposes of sections 257.0755 to 257.0768. 188.34 (c) Money is appropriated from the special fund authorized 188.35 by section 256.01, subdivision 2, clause (15), to the Council of 188.36 Black Minnesotans for the purposes of sections 257.0755 to 189.1 257.0768. 189.2 (d) Money is appropriated from the special fund authorized 189.3 by section 256.01, subdivision 2, clause (15), to the Council on 189.4 Asian-Pacific Minnesotans for the purposes of sections 257.0755 189.5 to 257.0768. 189.6 Sec. 10. Minnesota Statutes 1996, section 260.152, 189.7 subdivision 2, is amended to read: 189.8 Subd. 2. [PROGRAM COMPONENTS.] (a) The commissioner of 189.9 human services shall, in consultation with the Indian affairs 189.10 council, the council on affairs of Spanish-speaking189.11 Chicano/Latino people, the council on Black Minnesotans, and the 189.12 council on Asian-Pacific Minnesotans, provide grants to the 189.13 counties for the pilot projects. The projects shall build upon 189.14 the existing service capabilities in the community and must 189.15 include availability of screening for mental health problems of 189.16 children who are alleged or found to be delinquent and children 189.17 who are reported as being or found to be in need of protection 189.18 or services. 189.19 (b) The projects must include referral for mental health 189.20 assessment of all children for whom the screening indicates a 189.21 need. This assessment is to be provided by the appropriate 189.22 mental health professional. If the child is of a minority race 189.23 or minority ethnic heritage, the mental health professional must 189.24 be skilled in and knowledgeable about the child's racial and 189.25 ethnic heritage, or must consult with a special mental health 189.26 consultant who has such knowledge so that the assessment is 189.27 relevant, culturally specific, and sensitive to the child's 189.28 cultural needs. 189.29 (c) Upon completion of the assessment, the project must 189.30 provide or ensure access to nonresidential mental health 189.31 services identified as needed in the assessment. 189.32 Sec. 11. Minnesota Statutes 1996, section 260.152, 189.33 subdivision 3, is amended to read: 189.34 Subd. 3. [SCREENING TOOL.] The commissioner of human 189.35 services and the commissioner of corrections, in consultation 189.36 with the Indian affairs council, the council on affairs of 190.1 Spanish-speakingChicano/Latino people, the council on Black 190.2 Minnesotans, and the council on Asian-Pacific Minnesotans, shall 190.3 jointly develop a model screening tool to screen children to 190.4 determine if a mental health assessment is needed. This tool 190.5 must contain specific questions to identify potential mental 190.6 health problems. In implementing a pilot project, a county must 190.7 either use this model tool or another screening tool approved by 190.8 the commissioner of human services which meets the requirements 190.9 of this section. 190.10 Sec. 12. Minnesota Statutes 1996, section 260.152, 190.11 subdivision 6, is amended to read: 190.12 Subd. 6. [EVALUATION.] The commissioner of human services 190.13 and the commissioner of corrections shall, in consultation with 190.14 the Indian affairs council, the council on affairs 190.15 of Spanish-speakingChicano/Latino people, the council on Black 190.16 Minnesotans, and the council on Asian-Pacific Minnesotans, 190.17 develop systems and procedures for evaluating the pilot 190.18 projects. The departments must develop an interagency 190.19 management information system to track children who receive 190.20 mental health services. The system must be designed to meet the 190.21 information needs of the agencies involved and to provide a 190.22 basis for evaluating outcome data. The system must be designed 190.23 to track the mental health treatment of children released from 190.24 custody and to improve the planning, delivery, and evaluation of 190.25 services and increase interagency collaboration. The evaluation 190.26 protocol must be designed to measure the impact of the program 190.27 on juvenile recidivism, school performance, and state and county 190.28 budgets. 190.29 ARTICLE 4 190.30 CONSTITUTIONAL CITATIONS 190.31 Section 1. Minnesota Statutes 1996, section 360.013, 190.32 subdivision 20, is amended to read: 190.33 Subd. 20. [MUNICIPALITY.] "Municipality" means a city of 190.34 any class, including a city organized under a charter framed 190.35 pursuant to the Constitution of the State of Minnesota, Article 190.36 4, Section 36, Article XI, Section 4, or Article XII, Section 5, 191.1 a county, a town, or a statutory city in this state, the regents 191.2 of the University of Minnesota, and any other political 191.3 subdivision, public corporation, authority, or district in this 191.4 state which is or may be authorized by law to acquire, 191.5 establish, construct, maintain, improve, and operate airports 191.6 and other air navigation facilities. 191.7 Sec. 2. Minnesota Statutes 1996, section 427.02, is 191.8 amended to read: 191.9 427.02 [DEPOSITORIES.] 191.10 The council of any city in this state, but not including 191.11 cities when governed under a charter adopted under and pursuant 191.12 to the Constitution of the state of Minnesota, article IV, 191.13 section 36, article XI, section 4, or article XII, section 5, 191.14 and sections 410.03 to 410.24, and 441.01 to 441.09, and all 191.15 acts supplemental thereto, in which charter the matter of 191.16 designating depositories for city funds and the protection 191.17 thereof is provided for, or in which charter it shall hereafter 191.18 be provided for, shall have the power and authority to designate 191.19 or redesignate at the beginning of each calendar year, or from 191.20 time to time, the banks or other legal depositories of any city 191.21 in which the treasurer of the city shall deposit and keep the 191.22 moneys of the city, designating in each instance the maximum 191.23 amount which may at any time be kept in any one of these 191.24 depositories, which maximum amount shall in no case exceed 25 191.25 percent of the paid-up capital and surplus of the depository, 191.26 unless the depository shall deposit with the treasurer of the 191.27 city United States government bonds to secure the deposit of the 191.28 funds of the city; and, in that event, the amount so deposited 191.29 shall not exceed the amount of the United States government 191.30 bonds so deposited. No depository shall deposit United States 191.31 government bonds which mature within one year from the date such 191.32 bonds were first considered as a part of the bank's reserve and 191.33 which reserves are required by section 48.221. The council of 191.34 each city shall, at all times, designate depositories in the 191.35 city, or elsewhere in the United States, sufficient for the 191.36 depository of all funds which are likely to be in the hands of 192.1 the treasurer of the city at any one time and shall, so far as 192.2 consistent with the best interest of the city, designate these 192.3 depositories in the city and require from these depositories 192.4 good and sufficient bonds payable to the city in a penal sum not 192.5 to exceed the amount designated as the limit of deposit therein, 192.6 and conditioned for the safekeeping and payment of funds so 192.7 deposited, or, in lieu thereof, good and sufficient collateral 192.8 as provided for by section 118A.03. 192.9 Sec. 3. Minnesota Statutes 1996, section 435.27, is 192.10 amended to read: 192.11 435.27 [APPLICATION.] 192.12 Section 435.26 shall be applicable to cities governed by a 192.13 charter adopted pursuant to the Constitution of the State of 192.14 Minnesota, Article 4, Section 36, Article XI, Section 4, or 192.15 Article XII, Section 5. 192.16 Sec. 4. Minnesota Statutes 1996, section 458.40, is 192.17 amended to read: 192.18 458.40 [MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.] 192.19 If a charter adopted under the Minnesota Constitution, 192.20 article IV, section 36, article XI, section 4, or article XII, 192.21 section 5, has a provision that requires the question of the 192.22 issuance of bonds to be submitted to the electors, the provision 192.23 prevails over sections 458.36 to 458.40. 192.24 Sec. 5. Minnesota Statutes 1996, section 463.01, is 192.25 amended to read: 192.26 463.01 [BUILDING LINES, EASEMENTS; EXISTING STRUCTURES.] 192.27 The council of any city, including any city of this state 192.28 operating under a home rule charter adopted pursuant to the 192.29 Constitution of the State of Minnesota, Article 4, Section 192.30 36, Article XI, Section 4, or Article XII, Section 5, may 192.31 establish along any street or highway within such city a 192.32 building line upon the land adjoining such street or highway, or 192.33 any portion thereof, and distant not more than 50 feet from the 192.34 margin of such street or highway, and may, in behalf of the 192.35 city, acquire an easement in the land between such line and 192.36 exterior street line, such that no buildings or structures shall 193.1 be erected or maintained upon this land. Such easement shall be 193.2 known as a building line easement. The governing body may, at 193.3 the time they designate the easement to be acquired and define 193.4 the line by which it is bounded, provide in the resolution 193.5 designating such easement that buildings or structures or any 193.6 portions of buildings or structures existing within the 193.7 boundaries of the easement at that time may remain thereon for 193.8 stated periods of time or remain thereon during the life of such 193.9 buildings or structures or portions thereof, but no alteration 193.10 of any such buildings or structures or portions thereof upon 193.11 such easement shall be permitted after the designation of such 193.12 easements, and when such buildings are removed no other 193.13 buildings or structures shall be erected thereon. Such 193.14 permission to maintain existing structures upon such easement 193.15 shall be clearly defined as to time in such resolution and shall 193.16 confer the right upon the owner of such buildings or structures 193.17 or portions thereof to maintain the same as defined in such 193.18 resolution. 193.19 Sec. 6. Minnesota Statutes 1996, section 465.15, is 193.20 amended to read: 193.21 465.15 [CITIES MAY ACQUIRE EXEMPT PROPERTY.] 193.22 Each city of the first class now or hereafter having a 193.23 population of 50,000 inhabitants or more, including each such 193.24 city operating under a charter adopted pursuant to the 193.25 provisions of the Constitution of the State of Minnesota, 193.26 article IV, section 36, article XI, section 4, or article XII, 193.27 section 5, is hereby authorized and empowered to acquire by 193.28 purchase, condemnation, or otherwise any right or interest in 193.29 land either platted or unplatted within the limits of the city, 193.30 which interest in land consists of a right or privilege in the 193.31 owner of the land to offset certain amounts against special 193.32 assessments levied by the governing body, the city council, or 193.33 the board of park commissioners of such city for park or parkway 193.34 purposes, or both. 193.35 Sec. 7. Minnesota Statutes 1996, section 465.20, is 193.36 amended to read: 194.1 465.20 [APPLICATION.] 194.2 Sections 465.19 and 465.20 shall apply to all cities 194.3 including those now or hereafter governed by a charter adopted 194.4 pursuant to the Constitution of the state of Minnesota, article 194.5 IV, section 36, article XI, section 4, or article XII, section 5. 194.6 Sec. 8. Minnesota Statutes 1996, section 469.183, 194.7 subdivision 4, is amended to read: 194.8 Subd. 4. [ADDITIONAL POWERS.] The authority granted in 194.9 this section is in addition to all existing power and authority 194.10 of any city operating under a home rule charter adopted in 194.11 pursuance of the Constitution of the state of Minnesota, article 194.12 IV, section 36, article XI, section 4, or article XII, section 5. 194.13 ARTICLE 5 194.14 EMERGENCY RULES 194.15 Section 1. Minnesota Statutes 1996, section 18C.121, 194.16 subdivision 1, is amended to read: 194.17 Subdivision 1. [ADMINISTRATION.] The commissioner may 194.18 adopt emergency or permanentrules necessary to implement and 194.19 enforce this chapter. The rules must conform to national 194.20 standards in a manner that is practicable and consistent with 194.21 state law. 194.22 Sec. 2. Minnesota Statutes 1996, section 18C.575, 194.23 subdivision 1, is amended to read: 194.24 Subdivision 1. [FOR ADMINISTRATION.] The commissioner may 194.25 adopt emergency or permanentrules necessary to administer 194.26 sections 18C.531 to 18C.575. 194.27 Sec. 3. Minnesota Statutes 1996, section 19.51, 194.28 subdivision 1, is amended to read: 194.29 Subdivision 1. [ENFORCEMENT; RULES.] The commissioner 194.30 shall enforce sections 19.50 to 19.65. The commissioner may 194.31 make all necessary examinations and inspections, and adopt 194.32 emergency or permanentrules necessary to enforce sections 19.50 194.33 to 19.65 promptly and effectively. The commissioner may employ 194.34 classified civil service employees necessary to administer 194.35 sections 19.50 to 19.65, and may contract with individuals to 194.36 serve as authorized agents. 195.1 Sec. 4. Minnesota Statutes 1996, section 31.874, is 195.2 amended to read: 195.3 31.874 [DISEASE CONTROL.] 195.4 If the commissioner of agriculture finds that a disease or 195.5 foreign matter is actually transmitted by a method of dispensing 195.6 bulk foods that is permitted by section 31.84, the commissioner 195.7 may adopt emergency or permanentrules more restrictive on the 195.8 sale of that food than section 31.84. The rules must address 195.9 the specific relationship between the disease or foreign matter 195.10 being transmitted and the dispensing methods permitted by 195.11 section 31.84. 195.12 Sec. 5. Minnesota Statutes 1996, section 32.532, is 195.13 amended to read: 195.14 32.532 [ENFORCEMENT.] 195.15 The commissioner is authorized and directed to administer 195.16 and supervise the enforcement of sections 32.53 to 32.534; to 195.17 provide for such periodic inspections and investigations as the 195.18 commissioner may deem necessary to disclose violations; to 195.19 receive and provide for the investigation of complaints; and to 195.20 provide for the institution and prosecution of civil or criminal 195.21 actions or both. The provisions of these sections may be 195.22 enforced by injunction in any court having jurisdiction to grant 195.23 injunctive relief. Artificial dairy products involved in a 195.24 violation of these sections are subject to seizure and 195.25 disposition in accordance with an appropriate court order or a 195.26 rule adopted by the commissioner. The commissioner may adopt 195.27 emergency or permanentrules necessary to implement and 195.28 administer sections 32.53 to 32.534. 195.29 Sec. 6. Minnesota Statutes 1996, section 32.71, 195.30 subdivision 1, is amended to read: 195.31 Subdivision 1. [DUTIES; RULES.] The commissioner shall 195.32 adopt emergency and permanentrules to implement and administer 195.33 sections 32.70 to 32.74 as necessary. 195.34 Sec. 7. Minnesota Statutes 1996, section 41.53, 195.35 subdivision 2, is amended to read: 195.36 Subd. 2. [RULES.] The commissioner may adopt emergency or196.1 permanentrules necessary for the efficient administration of 196.2 sections 41.51 to 41.57; 41.58, subdivisions 1 and 2; 41.59, 196.3 subdivision 1; and 41.61. 196.4 Sec. 8. Minnesota Statutes 1996, section 41A.09, 196.5 subdivision 4, is amended to read: 196.6 Subd. 4. [RULEMAKING AUTHORITY.] The commissioner shall 196.7 adopt emergency and permanentrules to implement this section. 196.8 Sec. 9. Minnesota Statutes 1996, section 62N.05, 196.9 subdivision 1, is amended to read: 196.10 Subdivision 1. [RULES.] The commissioner, in consultation 196.11 with the commission, may adopt emergency and permanentrules to 196.12 establish more detailed requirements governing integrated 196.13 service networks in accordance with this chapter. 196.14 Sec. 10. Minnesota Statutes 1996, section 62N.24, is 196.15 amended to read: 196.16 62N.24 [REVIEW OF RULES.] 196.17 The commissioner of health shall mail copies of all 196.18 proposed emergency and permanentrules that are being 196.19 promulgated under this chapter to each member of the legislative 196.20 commission on health care access prior to final adoption by the 196.21 commissioner. 196.22 Sec. 11. Minnesota Statutes 1996, section 144A.073, 196.23 subdivision 3, is amended to read: 196.24 Subd. 3. [REVIEW AND APPROVAL OF PROPOSALS.] Within the 196.25 limits of money specifically appropriated to the medical 196.26 assistance program for this purpose, the interagency long-term 196.27 care planning committee may recommend that the commissioner of 196.28 health grant exceptions to the nursing home licensure or 196.29 certification moratorium for proposals that satisfy the 196.30 requirements of this section. The interagency committee shall 196.31 appoint an advisory review panel composed of representatives of 196.32 consumers and providers to review proposals and provide comments 196.33 and recommendations to the committee. The commissioners of 196.34 human services and health shall provide staff and technical 196.35 assistance to the committee for the review and analysis of 196.36 proposals. The interagency committee shall hold a public 197.1 hearing before submitting recommendations to the commissioner of 197.2 health on project requests. The committee shall submit 197.3 recommendations within 150 days of the date of the publication 197.4 of the notice. The commissioner of health shall approve or 197.5 disapprove a project within 30 days after receiving the 197.6 committee's recommendations. The advisory review panel, the 197.7 committee, and the commissioner of health shall base their 197.8 recommendations, approvals, or disapprovals on a comparison and 197.9 ranking of proposals using only the criteria in subdivision 4 197.10 and in emergency and permanentrules adopted by the 197.11 commissioner. The cost to the medical assistance program of the 197.12 proposals approved must be within the limits of the 197.13 appropriations specifically made for this purpose. Approval of 197.14 a proposal expires 18 months after approval by the commissioner 197.15 of health unless the facility has commenced construction as 197.16 defined in section 144A.071, subdivision 1a, paragraph (d). The 197.17 committee's report to the legislature, as required under section 197.18 144A.31, must include the projects approved, the criteria used 197.19 to recommend proposals for approval, and the estimated costs of 197.20 the projects, including the costs of initial construction and 197.21 remodeling, and the estimated operating costs during the first 197.22 two years after the project is completed. 197.23 Sec. 12. Minnesota Statutes 1996, section 148B.23, 197.24 subdivision 3, is amended to read: 197.25 Subd. 3. [ TEMPORARYRULEMAKING AUTHORITY.] The board is 197.26 authorized to adopt emergency and permanentrules to implement 197.27 this section. 197.28 Sec. 13. Minnesota Statutes 1996, section 176.108, is 197.29 amended to read: 197.30 176.108 [LIGHT-DUTY WORK POOLS.] 197.31 Employers may form light-duty work pools for the purpose of 197.32 encouraging the return to work of injured employees. The 197.33 commissioner may adopt emergency and permanentrules necessary 197.34 to implement this section. 197.35 Sec. 14. Minnesota Statutes 1996, section 176.1351, 197.36 subdivision 5, is amended to read: 198.1 Subd. 5. [REVOCATION, SUSPENSION, AND REFUSAL TO CERTIFY; 198.2 PENALTIES AND ENFORCEMENT.] (a) The commissioner shall refuse to 198.3 certify or shall revoke or suspend the certification of a 198.4 managed care plan if the commissioner finds that the plan for 198.5 providing medical or health care services fails to meet the 198.6 requirements of this section, or service under the plan is not 198.7 being provided in accordance with the terms of a certified plan. 198.8 (b) In lieu of or in addition to suspension or revocation 198.9 under paragraph (a), the commissioner may, for any noncompliance 198.10 with the managed care plan as certified or any violation of a 198.11 statute or rule applicable to a managed care plan, assess an 198.12 administrative penalty payable to the special compensation fund 198.13 in an amount up to $25,000 for each violation or incidence of 198.14 noncompliance. The commissioner may adopt emergency or198.15 permanentrules necessary to implement this subdivision. In 198.16 determining the level of an administrative penalty, the 198.17 commissioner shall consider the following factors: 198.18 (1) the number of workers affected or potentially affected 198.19 by the violation or noncompliance; 198.20 (2) the effect or potential effect of the violation or 198.21 noncompliance on workers' health, access to health services, or 198.22 workers' compensation benefits; 198.23 (3) the effect or potential effect of the violation or 198.24 noncompliance on workers' understanding of their rights and 198.25 obligations under the workers' compensation law and rules; 198.26 (4) whether the violation or noncompliance is an isolated 198.27 incident or part of a pattern of violations; and 198.28 (5) the potential or actual economic benefits derived by 198.29 the managed care plan or a participating provider by virtue of 198.30 the violation or noncompliance. 198.31 The commissioner shall give written notice to the managed 198.32 care plan of the penalty assessment and the reasons for the 198.33 penalty. The managed care plan has 30 days from the date the 198.34 penalty notice is issued within which to file a written request 198.35 for an administrative hearing and review of the commissioner's 198.36 determination pursuant to section 176.85, subdivision 1. 199.1 (c) If the commissioner, for any reason, has cause to 199.2 believe that a managed care plan has or may violate a statute or 199.3 rule or a provision of the managed care plan as certified, the 199.4 commissioner may, before commencing action under paragraph (a) 199.5 or (b), call a conference with the managed care plan and other 199.6 persons who may be involved in the suspected violation or 199.7 noncompliance for the purpose of ascertaining the facts relating 199.8 to the suspected violation or noncompliance and arriving at an 199.9 adequate and effective means of correcting or preventing the 199.10 violation or noncompliance. The commissioner may enter into 199.11 stipulated consent agreements with the managed care plan for 199.12 corrective or preventive action or the amount of the penalty to 199.13 be paid. Proceedings under this paragraph shall not be governed 199.14 by any formal procedural requirements, and may be conducted in a 199.15 manner the commissioner deems appropriate under the 199.16 circumstances. 199.17 (d) The commissioner may issue an order directing a managed 199.18 care plan or a representative of a managed care plan to cease 199.19 and desist from engaging in any act or practice that is not in 199.20 compliance with the managed care plan as certified, or that it 199.21 is in violation of an applicable statute or rule. Within 30 199.22 days of service of the order, the managed care plan may request 199.23 review of the cease and desist order by an administrative law 199.24 judge pursuant to chapter 14. The decision of the 199.25 administrative law judge shall include findings of fact, 199.26 conclusions of law and appropriate orders, which shall be the 199.27 final decision of the commissioner. In the event of 199.28 noncompliance with a cease and desist order, the commissioner 199.29 may institute a proceeding in district court to obtain 199.30 injunctive or other appropriate relief. 199.31 (e) A managed care plan, participating health care 199.32 provider, or an employer or insurer that receives services from 199.33 the managed care plan, shall cooperate fully with an 199.34 investigation by the commissioner. For purposes of this 199.35 section, cooperation includes, but is not limited to, attending 199.36 a conference called by the commissioner under paragraph (c), 200.1 responding fully and promptly to any questions relating to the 200.2 subject of the investigation, and providing copies of records, 200.3 reports, logs, data, and other information requested by the 200.4 commissioner to assist in the investigation. 200.5 (f) Any person acting on behalf of a managed care plan who 200.6 knowingly submits false information in any report required to be 200.7 filed by a managed care plan is guilty of a misdemeanor. 200.8 Sec. 15. Minnesota Statutes 1996, section 176.1351, 200.9 subdivision 6, is amended to read: 200.10 Subd. 6. [RULES.] The commissioner may adopt emergency or200.11 permanentrules necessary to implement this section. 200.12 Sec. 16. Minnesota Statutes 1996, section 176.1812, 200.13 subdivision 7, is amended to read: 200.14 Subd. 7. [RULES.] The commissioner may adopt emergency or200.15 permanentrules necessary to implement this section. 200.16 Sec. 17. Minnesota Statutes 1996, section 176.83, 200.17 subdivision 5, is amended to read: 200.18 Subd. 5. [TREATMENT STANDARDS FOR MEDICAL SERVICES.] In 200.19 consultation with the medical services review board or the 200.20 rehabilitation review panel, the commissioner shall adopt 200.21 emergency and permanentrules establishing standards and 200.22 procedures for health care provider treatment. The rules shall 200.23 apply uniformly to all providers including those providing 200.24 managed care under section 176.1351. The rules shall be used to 200.25 determine whether a provider of health care services and 200.26 rehabilitation services, including a provider of medical, 200.27 chiropractic, podiatric, surgical, hospital, or other services, 200.28 is performing procedures or providing services at a level or 200.29 with a frequency that is excessive, unnecessary, or 200.30 inappropriate under section 176.135, subdivision 1, based upon 200.31 accepted medical standards for quality health care and accepted 200.32 rehabilitation standards. 200.33 The rules shall include, but are not limited to, the 200.34 following: 200.35 (1) criteria for diagnosis and treatment of the most common 200.36 work-related injuries including, but not limited to, low back 201.1 injuries and upper extremity repetitive trauma injuries; 201.2 (2) criteria for surgical procedures including, but not 201.3 limited to, diagnosis, prior conservative treatment, supporting 201.4 diagnostic imaging and testing, and anticipated outcome 201.5 criteria; 201.6 (3) criteria for use of appliances, adaptive equipment, and 201.7 use of health clubs or other exercise facilities; 201.8 (4) criteria for diagnostic imaging procedures; 201.9 (5) criteria for inpatient hospitalization; and 201.10 (6) criteria for treatment of chronic pain. 201.11 If it is determined by the payer that the level, frequency 201.12 or cost of a procedure or service of a provider is excessive, 201.13 unnecessary, or inappropriate according to the standards 201.14 established by the rules, the provider shall not be paid for the 201.15 procedure, service, or cost by an insurer, self-insurer, or 201.16 group self-insurer, and the provider shall not be reimbursed or 201.17 attempt to collect reimbursement for the procedure, service, or 201.18 cost from any other source, including the employee, another 201.19 insurer, the special compensation fund, or any government 201.20 program unless the commissioner or compensation judge determines 201.21 at a hearing or administrative conference that the level, 201.22 frequency, or cost was not excessive under the rules in which 201.23 case the insurer, self-insurer, or group self-insurer shall make 201.24 the payment deemed reasonable. 201.25 A rehabilitation provider who is determined by the 201.26 rehabilitation review panel board, after hearing, to be 201.27 consistently performing procedures or providing services at an 201.28 excessive level or cost may be prohibited from receiving any 201.29 further reimbursement for procedures or services provided under 201.30 this chapter. A prohibition imposed on a provider under this 201.31 subdivision may be grounds for revocation or suspension of the 201.32 provider's license or certificate of registration to provide 201.33 health care or rehabilitation service in Minnesota by the 201.34 appropriate licensing or certifying body. The commissioner and 201.35 medical services review board shall review excessive, 201.36 inappropriate, or unnecessary health care provider treatment 202.1 under section 176.103. 202.2 Sec. 18. Minnesota Statutes 1996, section 182.676, is 202.3 amended to read: 202.4 182.676 [SAFETY COMMITTEES.] 202.5 Every public or private employer of more than 25 employees 202.6 shall establish and administer a joint labor-management safety 202.7 committee. 202.8 Every public or private employer of 25 or fewer employees 202.9 shall establish and administer a safety committee if: 202.10 (1) the employer has a lost workday cases incidence rate in 202.11 the top ten percent of all rates for employers in the same 202.12 industry; or 202.13 (2) the workers' compensation premium classification 202.14 assigned to the greatest portion of the payroll for the employer 202.15 has a pure premium rate as reported by the workers' compensation 202.16 rating association in the top 25 percent of premium rates for 202.17 all classes. 202.18 A safety committee must hold regularly scheduled meetings 202.19 unless otherwise provided in a collective bargaining agreement. 202.20 Employee safety committee members must be selected by 202.21 employees. An employer that fails to establish or administer a 202.22 safety committee as required by this section may be cited by the 202.23 commissioner. A citation is punishable as a serious violation 202.24 under section 182.666. 202.25 The commissioner may adopt emergency or permanentrules 202.26 necessary to implement this section. 202.27 Sec. 19. Minnesota Statutes 1996, section 223.19, is 202.28 amended to read: 202.29 223.19 [RULES.] 202.30 The commissioner may make emergency or permanentrules 202.31 pursuant to chapter 14 to carry out the provisions of sections 202.32 223.15 to 223.22. 202.33 Sec. 20. Minnesota Statutes 1996, section 237.711, is 202.34 amended to read: 202.35 237.711 [IMPLEMENTATION RULES.] 202.36 The commission may adopt emergency and permanentrules to 203.1 implement Laws 1988, chapter 621, sections 1 to 16. 203.2 Sec. 21. Minnesota Statutes 1996, section 244.09, 203.3 subdivision 13, is amended to read: 203.4 Subd. 13. [RULEMAKING POWER.] The commission shall have 203.5 authority to promulgate emergency and permanentrules to carry 203.6 out the purposes of subdivision 5. 203.7 Sec. 22. Minnesota Statutes 1996, section 245.4886, 203.8 subdivision 2, is amended to read: 203.9 Subd. 2. [GRANT APPLICATION AND REPORTING REQUIREMENTS.] 203.10 To apply for a grant a county board shall submit an application 203.11 and budget for the use of the money in the form specified by the 203.12 commissioner. The commissioner shall make grants only to 203.13 counties whose applications and budgets are approved by the 203.14 commissioner. In awarding grants, the commissioner shall give 203.15 priority to those counties whose applications indicate plans to 203.16 collaborate in the development, funding, and delivery of 203.17 services with other agencies in the local system of care. The 203.18 commissioner may adopt emergency and permanentrules to govern 203.19 grant applications, approval of applications, allocation of 203.20 grants, and maintenance of financial statements by grant 203.21 recipients and may establish grant requirements for the fiscal 203.22 year ending June 30, 1992, without adopting rules. The 203.23 commissioner shall specify requirements for reports, including 203.24 quarterly fiscal reports, according to section 256.01, 203.25 subdivision 2, paragraph (17). The commissioner shall require 203.26 collection of data and periodic reports which the commissioner 203.27 deems necessary to demonstrate the effectiveness of each service 203.28 in realizing the stated purpose as specified for family 203.29 community support in section 245.4884, subdivision 1; 203.30 therapeutic support of foster care in section 245.4884, 203.31 subdivision 4; professional home-based family treatment in 203.32 section 245.4884, subdivision 3; day treatment in section 203.33 245.4884, subdivision 2; and case management in section 245.4881. 203.34 Sec. 23. Minnesota Statutes 1996, section 245.62, 203.35 subdivision 2, is amended to read: 203.36 Subd. 2. [DEFINITION.] A community mental health center is 204.1 a private nonprofit corporation or public agency approved under 204.2 the emergency and permanentrules promulgated by the 204.3 commissioner pursuant to subdivision 4. 204.4 Sec. 24. Minnesota Statutes 1996, section 245.62, 204.5 subdivision 4, is amended to read: 204.6 Subd. 4. [RULES.] The commissioner shall promulgate 204.7 emergency and permanentrules to establish standards for the 204.8 designation of an agency as a community mental health center. 204.9 These standards shall include, but are not limited to: 204.10 (a) provision of mental health services in the prevention, 204.11 identification, treatment and aftercare of emotional disorders, 204.12 chronic and acute mental illness, mental retardation and 204.13 developmental disabilities, and alcohol and drug abuse and 204.14 dependency, including the services listed in section 245.61 204.15 except detoxification services; 204.16 (b) establishment of a community mental health center board 204.17 pursuant to section 245.66; and 204.18 (c) approval pursuant to section 245.69, subdivision 2. 204.19 Sec. 25. Minnesota Statutes 1996, section 245.69, 204.20 subdivision 2, is amended to read: 204.21 Subd. 2. The commissioner of human services has the 204.22 authority to approve or disapprove public and private mental 204.23 health centers and public and private mental health clinics for 204.24 the purposes of section 62A.152, subdivision 2. For the 204.25 purposes of this subdivision the commissioner shall promulgate 204.26 both emergency and permanentrules in accordance with sections 204.27 14.001 to 14.69. The rules shall require each applicant to pay 204.28 a fee to cover costs of processing applications and determining 204.29 compliance with the rules and this subdivision. The 204.30 commissioner may contract with any state agency, individual, 204.31 corporation or association to which the commissioner shall 204.32 delegate all but final approval and disapproval authority to 204.33 determine compliance or noncompliance. 204.34 (a) Each approved mental health center and each approved 204.35 mental health clinic shall have a multidisciplinary team of 204.36 professional staff persons as required by rule. A mental health 205.1 center or mental health clinic may provide the staffing required 205.2 by rule by means of written contracts with professional persons 205.3 or with other health care providers. Any personnel 205.4 qualifications developed by rule shall be consistent with any 205.5 personnel standards developed pursuant to chapter 214. 205.6 (b) Each approved mental health clinic and each approved 205.7 mental health center shall establish a written treatment plan 205.8 for each outpatient for whom services are reimbursable through 205.9 insurance or public assistance. The treatment plan shall be 205.10 developed in accordance with the rules and shall include a 205.11 patient history, treatment goals, a statement of diagnosis and a 205.12 treatment strategy. The clinic or center shall provide access 205.13 to hospital admission as a bed patient as needed by any 205.14 outpatient. The clinic or center shall ensure ongoing 205.15 consultation among and availability of all members of the 205.16 multidisciplinary team. 205.17 (c) As part of the required consultation, members of the 205.18 multidisciplinary team shall meet at least twice monthly to 205.19 conduct case reviews, peer consultations, treatment plan 205.20 development and in-depth case discussion. Written minutes of 205.21 these meetings shall be kept at the clinic or center for three 205.22 years. 205.23 (d) Each approved center or clinic shall establish 205.24 mechanisms for quality assurance and submit documentation 205.25 concerning the mechanisms to the commissioner as required by 205.26 rule, including: 205.27 (1) Continuing education of each professional staff person; 205.28 (2) An ongoing internal utilization and peer review plan 205.29 and procedures; 205.30 (3) Mechanisms of staff supervision; and 205.31 (4) Procedures for review by the commissioner or a delegate. 205.32 (e) The commissioner shall disapprove an applicant, or 205.33 withdraw approval of a clinic or center, which the commissioner 205.34 finds does not comply with the requirements of the rules or this 205.35 subdivision. A clinic or center which is disapproved or whose 205.36 approval is withdrawn is entitled to a contested case hearing 206.1 and judicial review pursuant to sections 14.01 to 14.69. 206.2 (f) Data on individuals collected by approved clinics and 206.3 centers, including written minutes of team meetings, is private 206.4 data on individuals within the welfare system as provided in 206.5 chapter 13. 206.6 (g) Each center or clinic that is approved and in 206.7 compliance with the commissioner's existing rule on July 1, 1980 206.8 is approved for purposes of section 62A.152, subdivision 2, 206.9 until rules are promulgated to implement this section. 206.10 Sec. 26. Minnesota Statutes 1996, section 252.275, 206.11 subdivision 6, is amended to read: 206.12 Subd. 6. [RULES.] The commissioner may adopt emergency and206.13 permanentrules in accordance with chapter 14 to govern 206.14 allocation, reimbursement, and compliance. 206.15 Sec. 27. Minnesota Statutes 1996, section 252.291, 206.16 subdivision 5, is amended to read: 206.17 Subd. 5. [RULEMAKING.] The commissioner of human services 206.18 shall promulgate emergency and permanentrules pursuant to 206.19 chapter 14, the administrative procedure act, to implement this 206.20 section. 206.21 Sec. 28. Minnesota Statutes 1996, section 256.736, 206.22 subdivision 7, is amended to read: 206.23 Subd. 7. [RULEMAKING.] The commissioner of human services, 206.24 in cooperation with the commissioner of economic security, may 206.25 adopt permanent and emergencyrules necessary to qualify for any 206.26 federal funds available under this section and to carry out this 206.27 section. 206.28 Sec. 29. Minnesota Statutes 1996, section 256.82, 206.29 subdivision 4, is amended to read: 206.30 Subd. 4. [RULES.] The commissioner shall adopt emergency206.31 and permanentrules to implement subdivision 3. In developing 206.32 rules, the commissioner shall take into consideration any 206.33 existing difficulty of care payment rates so that, to the extent 206.34 possible, no child for whom a difficulty of care rate is 206.35 currently established will be adversely affected. 206.36 Sec. 30. Minnesota Statutes 1996, section 256B.092, 207.1 subdivision 6, is amended to read: 207.2 Subd. 6. [RULES.] The commissioner shall adopt emergency207.3 and permanentrules to establish required controls, 207.4 documentation, and reporting of services provided in order to 207.5 assure proper administration of the approved waiver plan, and to 207.6 establish policy and procedures to reduce duplicative efforts 207.7 and unnecessary paperwork on the part of case managers. 207.8 Sec. 31. Minnesota Statutes 1996, section 256B.49, 207.9 subdivision 2, is amended to read: 207.10 Subd. 2. [RULES.] The commissioner of human services may 207.11 adopt emergency and permanentrules as necessary to implement 207.12 subdivision 1. 207.13 Sec. 32. Minnesota Statutes 1996, section 256D.03, 207.14 subdivision 7, is amended to read: 207.15 Subd. 7. [DUTIES OF THE COMMISSIONER.] The commissioner 207.16 shall promulgate emergency and permanentrules as necessary to 207.17 establish: 207.18 (a) standards of eligibility, utilization of services, and 207.19 payment levels; 207.20 (b) standards for quality assurance, surveillance, and 207.21 utilization review procedures that conform to those established 207.22 for the medical assistance program pursuant to chapter 256B, 207.23 including general criteria and procedures for the identification 207.24 and prompt investigation of suspected fraud, theft, abuse, 207.25 presentment of false or duplicate claims, presentment of claims 207.26 for services not medically necessary, or false statements or 207.27 representations of material facts by a vendor or recipient of 207.28 general assistance medical care, and for the imposition of 207.29 sanctions against such vendor or recipient of medical care. The 207.30 rules relating to sanctions shall be consistent with the 207.31 provisions of section 256B.064, subdivisions 1a and 2; and 207.32 (c) administrative and fiscal procedures for payment of the 207.33 state share of the medical costs incurred by the counties under 207.34 section 256D.02, subdivision 4a. Rules promulgated pursuant to 207.35 this clause may include: (1) procedures by which state 207.36 liability for the costs of medical care incurred pursuant to 208.1 section 256D.02, subdivision 4a may be deducted from county 208.2 liability to the state under any other public assistance program 208.3 authorized by law; (2) procedures for processing claims of 208.4 counties for reimbursement by the state for expenditures for 208.5 medical care made by the counties pursuant to section 256D.02, 208.6 subdivision 4a; and (3) procedures by which the county agencies 208.7 may contract with the commissioner of human services for state 208.8 administration of general assistance medical care payments. 208.9 Sec. 33. Minnesota Statutes 1996, section 259.71, 208.10 subdivision 5, is amended to read: 208.11 Subd. 5. [MEDICAL ASSISTANCE; DUTIES OF THE COMMISSIONER 208.12 OF HUMAN SERVICES.] The commissioner of human services shall: 208.13 (a) Issue a medical assistance identification card to any 208.14 child with special needs who is title IV-E eligible, or who is 208.15 not title IV-E eligible but was determined by another state to 208.16 have a special need for medical or rehabilitative care, and who 208.17 is a resident in this state and is the subject of an adoption 208.18 assistance agreement with another state when a certified copy of 208.19 the adoption assistance agreement obtained from the adoption 208.20 assistance state has been filed with the commissioner. The 208.21 adoptive parents shall be required at least annually to show 208.22 that the agreement is still in force or has been renewed. 208.23 (b) Consider the holder of a medical assistance 208.24 identification card under this subdivision as any other 208.25 recipient of medical assistance under chapter 256B; process and 208.26 make payment on claims for the recipient in the same manner as 208.27 for other recipients of medical assistance. 208.28 (c) Provide coverage and benefits for a child who is title 208.29 IV-E eligible or who is not title IV-E eligible but was 208.30 determined to have a special need for medical or rehabilitative 208.31 care and who is in another state and who is covered by an 208.32 adoption assistance agreement made by the commissioner for the 208.33 coverage or benefits, if any, which is not provided by the 208.34 resident state. The adoptive parents acting for the child may 208.35 submit evidence of payment for services or benefit amounts not 208.36 payable in the resident state and shall be reimbursed. However, 209.1 there shall be no reimbursement for services or benefit amounts 209.2 covered under any insurance or other third party medical 209.3 contract or arrangement held by the child or the adoptive 209.4 parents. 209.5 (d) Publish emergency and permanentrules implementing this 209.6 subdivision. Such rules shall include procedures to be followed 209.7 in obtaining prior approvals for services which are required for 209.8 the assistance. 209.9 Sec. 34. Minnesota Statutes 1996, section 268.0122, 209.10 subdivision 5, is amended to read: 209.11 Subd. 5. [RULEMAKING.] The commissioner may make emergency209.12 and permanentrules to carry out this chapter. 209.13 Sec. 35. Minnesota Statutes 1996, section 268.90, 209.14 subdivision 3, is amended to read: 209.15 Subd. 3. [COMMISSIONER OF ECONOMIC SECURITY.] The 209.16 commissioner shall: 209.17 (1) make emergency or permanentrules governing plan 209.18 content, criteria for approval, and administrative standards; 209.19 (2) refer community investment program administrators to 209.20 the appropriate state agency for technical assistance in 209.21 developing and administering community investment programs; 209.22 (3) establish the method by which community investment 209.23 programs will be approved or disapproved through the community 209.24 investment program plan and the annual update component of the 209.25 county plan; 209.26 (4) review and comment on community investment program 209.27 plans; 209.28 (5) institute ongoing methods to monitor and evaluate 209.29 community investment programs; and 209.30 (6) consult with the commissioner of human services on the 209.31 approval of county plans for community investment programs 209.32 relating to the participation of public assistance recipients. 209.33 Sec. 36. Minnesota Statutes 1996, section 462A.03, 209.34 subdivision 10, is amended to read: 209.35 Subd. 10. [PERSONS AND FAMILIES OF LOW AND MODERATE 209.36 INCOME.] "Persons and families of low and moderate income" means 210.1 persons and families, irrespective of race, creed, national 210.2 origin, sex, or status with respect to guardianship or 210.3 conservatorship, determined by the agency to require such 210.4 assistance as is made available by sections 462A.01 to 462A.24 210.5 on account of personal or family income not sufficient to afford 210.6 adequate housing. In making such determination the agency shall 210.7 take into account the following: (a) The amount of the total 210.8 income of such persons and families available for housing needs, 210.9 (b) the size of the family, (c) the cost and condition of 210.10 housing facilities available, (d) the eligibility of such 210.11 persons and families to compete successfully in the normal 210.12 housing market and to pay the amounts at which private 210.13 enterprise is providing sanitary, decent and safe housing. In 210.14 the case of federally subsidized mortgages with respect to which 210.15 income limits have been established by any agency of the federal 210.16 government having jurisdiction thereover for the purpose of 210.17 defining eligibility of low and moderate income families, the 210.18 limits so established shall govern under the provision of 210.19 sections 462A.01 to 462A.24. In all other cases income limits 210.20 for the purpose of defining low or moderate income persons shall 210.21 be established by the agency by emergency or permanentrules.