Minnesota Legislature
HF 35
as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to 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1.3 ambiguous, and omitted text and obsolete references; 1.4 eliminating certain redundant, conflicting, and 1.5 superseded provisions; making miscellaneous technical 1.6 corrections to statutes and other laws; amending 1.7 Minnesota Statutes 1996, sections 3.873, subdivisions 1.8 5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; 10A.323; 13.99, 1.9 subdivision 38b; 14.62, subdivision 3; 15.0591, 1.10 subdivision 2; 15.441, subdivision 1; 15.471, 1.11 subdivision 1; 16A.276; 16A.672, subdivisions 2 and 5; 1.12 17.138, subdivision 2; 17.451, subdivision 1; 18.023, 1.13 subdivision 3; 18B.33, subdivision 1; 18C.121, 1.14 subdivision 1; 18C.575, subdivision 1; 18E.03, 1.15 subdivision 4; 19.51, subdivision 1; 25.31; 25.32; 1.16 25.33; 25.34; 25.36; 25.37; 25.39; 25.40; 25.41; 1.17 25.42; 25.43; 25.47, subdivision 2; 27.13; 27.14; 1.18 27.19; 27.20; 31.874; 32.078; 32.481, subdivision 1; 1.19 32.532; 32.71, subdivision 1; 41.53, subdivision 2; 1.20 41A.09, subdivision 4; 45.027, subdivision 1; 60A.15; 1.21 62N.05, subdivision 1; 62N.24; 65A.16; 65A.17; 65A.18; 1.22 65A.19; 65A.22; 65A.23; 65A.24; 84.027, subdivision 1.23 13; 92.46, subdivision 1; 103I.341, subdivision 1; 1.24 103I.535, subdivision 9; 115A.10; 115A.11, subdivision 1.25 1b; 115A.12; 115A.9651, subdivision 1; 115B.20, 1.26 subdivisions 1 and 2; 115B.39, subdivision 2; 1.27 115B.412, subdivision 5; 115B.42, subdivision 2; 1.28 116.07, subdivisions 4b and 10; 116C.91, subdivision 1.29 1; 116J.75, subdivision 1; 119A.04, subdivision 5; 1.30 119A.13, subdivisions 3 and 4; 119A.26, subdivision 2; 1.31 119B.17, subdivision 3; 120.062, subdivision 12; 1.32 120.075, subdivision 5; 120.0751, subdivision 6; 1.33 120.0752, subdivision 4; 121.15, subdivision 1; 1.34 121.1601, subdivision 3; 121.912, subdivision 1; 1.35 124.155, subdivision 2; 124.248, subdivision 3; 1.36 124.2725, subdivision 11; 124.3201, subdivisions 1 and 1.37 2b; 124.321, subdivisions 1 and 2; 124.322, 1.38 subdivisions 1a and 5; 124.323, subdivision 1; 1.39 124.574, subdivision 7; 124.91, subdivision 1; 1.40 124.918, subdivision 8; 124A.036, subdivision 5; 1.41 124A.225, subdivision 2; 124A.26, subdivision 1; 1.42 124A.711, subdivision 2; 124C.60, subdivisions 1 and 1.43 3; 126.22, subdivision 7; 126.51, subdivision 1; 1.44 126.72, subdivision 2; 136A.172; 136A.173; 136A.174; 1.45 136A.175; 136A.176; 136A.177; 136A.178; 136D.94; 1.46 144.056; 144.062; 144.092; 144A.073, subdivision 3; 2.1 144A.33, subdivision 5; 144A.53, subdivision 1; 2.2 144A.54, subdivisions 1 and 2; 145.894; 147A.13, 2.3 subdivision 1; 148.235, subdivision 4; 148B.23, 2.4 subdivision 3; 148C.11, subdivision 3; 152.02, 2.5 subdivision 13; 152.21, subdivision 3; 153A.19, 2.6 subdivision 2; 161.10; 161.1419, subdivision 7; 2.7 168.129, subdivision 1; 169.145; 176.081, subdivision 2.8 1; 176.108; 176.1351, subdivisions 5 and 6; 176.1812, 2.9 subdivision 7; 176.83, subdivision 5; 179A.03, 2.10 subdivisions 7 and 14; 179A.06, subdivision 2; 2.11 179A.09, subdivision 3; 181.14; 181.15; 181.16; 2.12 182.676; 183.57, subdivision 2; 192.551; 197.133; 2.13 197.447; 214.01, subdivision 2; 214.07, subdivision 1; 2.14 214.13, subdivision 5; 216C.35; 223.19; 237.70, 2.15 subdivision 7; 237.711; 241.01, subdivision 3a; 2.16 242.56, subdivision 3; 244.09, subdivisions 7 and 13; 2.17 244.13, subdivision 3; 244.17, subdivision 2; 245.462, 2.18 subdivision 16; 245.4881, subdivision 2; 245.4886, 2.19 subdivision 2; 245.62, subdivisions 2 and 4; 245.69, 2.20 subdivision 2; 245.697, subdivisions 2 and 3; 246.06; 2.21 246.64, subdivision 3; 252.035; 252.275, subdivision 2.22 6; 252.291, subdivisions 3 and 5; 252.40; 252.41, 2.23 subdivision 1; 252.43; 252.46, subdivision 1; 252.50, 2.24 subdivision 6; 254A.16, subdivision 2; 256.01, 2.25 subdivision 2; 256.016; 256.736, subdivisions 3a and 2.26 7; 256.7365, subdivision 7; 256.82, subdivision 4; 2.27 256.9742, subdivision 1; 256B.04, subdivision 2; 2.28 256B.092, subdivision 6; 256B.49, subdivision 2; 2.29 256D.03, subdivision 7; 256D.04; 256E.04, subdivision 2.30 1; 256F.04, subdivision 3; 257.072, subdivision 5; 2.31 257.0755, subdivision 1; 257.0768, subdivision 1; 2.32 257.0769; 257.41; 259.71, subdivision 5; 260.152, 2.33 subdivisions 2, 3, and 6; 260.161, subdivision 3; 2.34 260.181, subdivision 3a; 268.0122, subdivision 5; 2.35 268.0124; 268.03; 268.15, subdivision 3; 268.361, 2.36 subdivision 1; 268.90, subdivision 3; 270A.09, 2.37 subdivision 3; 272.12; 273.1398, subdivision 1; 2.38 279.01, subdivision 3; 280.05; 280.28, subdivision 2; 2.39 280.33; 280.35; 281.16; 281.32; 282.07; 284.04; 2.40 290.091, subdivision 6; 290.171; 297A.259; 299C.11; 2.41 299F.051, subdivision 3; 299F.46, subdivision 1; 2.42 299L.02, subdivision 1; 325F.84, subdivision 1; 2.43 326.2421, subdivision 2; 327A.08; 345.48, subdivision 2.44 1; 349.19, subdivision 2a; 353.64, subdivision 2; 2.45 353C.02; 354.66, subdivision 4; 360.013, subdivision 2.46 20; 360.015, subdivision 17; 363.05, subdivision 1; 2.47 383A.43, subdivision 6; 383B.78, subdivision 3; 2.48 383D.35; 390.35; 412.191, subdivision 1; 412.581; 2.49 412.631; 422A.01, subdivision 18; 427.02; 435.27; 2.50 458.40; 458A.08; 462A.03, subdivision 10; 462A.07, 2.51 subdivision 7; 463.01; 465.15; 465.20; 466.03, 2.52 subdivision 6d; 469.078, subdivision 1; 469.141, 2.53 subdivision 3; 469.173, subdivision 7; 469.183, 2.54 subdivision 4; 471.9981, subdivision 1; 473.1623, 2.55 subdivisions 3, 4, and 5; 473.206; 473.208; 473.3994, 2.56 subdivision 9; 473.598, subdivision 3; 473.638, 2.57 subdivision 2; 473.859, subdivision 2; 475.51, 2.58 subdivision 9; 475.53, subdivision 1; 475.57; 475.61, 2.59 subdivision 2; 480.242, subdivision 2; 500.24, 2.60 subdivision 3; 508A.01, subdivision 3; 524.2-402; 2.61 525.152, subdivisions 1, 2, and 3; 609.101, 2.62 subdivision 4; 611.216, subdivision 3; 611.25, 2.63 subdivision 3; 611A.56, subdivision 1; 626.843; 2.64 626.845; 626.846; 626.847; 626.851; and 626.88; Laws 2.65 1995 chapter 220, section 7, subdivision 3; and Laws 2.66 1996, chapter 310, section 1; proposing coding for new 2.67 law in Minnesota Statutes, chapter 35; repealing 2.68 Minnesota Statutes 1996, sections 3.922, subdivision 2.69 9; 13.99, subdivisions 21d and 24a; 15.475; 16B.87, 2.70 subdivision 4; 17.452, subdivision 3; 115A.03, 2.71 subdivision 16; 116D.11, subdivision 4; 116J.975; 3.1 124.2442; 124.245; 124.3202; 126.78, subdivision 5; 3.2 144.95, subdivision 9; 145A.12, subdivision 6; 3.3 148.578; 174.23, subdivision 5; 196.22, subdivision 4; 3.4 216C.06, subdivisions 10 and 11; 246.57, subdivision 3.5 2; 254B.03, subdivision 8; 256B.04, subdivision 11; 3.6 256B.0629, subdivision 3; 256F.11, subdivision 3; 3.7 256F.12, subdivision 5; 260.152, subdivision 7; 3.8 325F.98; 388.24, subdivision 5; 466.01, subdivisions 4 3.9 and 5; 471A.02, subdivisions 2 and 15; 473.638, 3.10 subdivision 1; 473.639; 494.05, subdivision 3; 611.27, 3.11 subdivision 14; and 611A.75; Laws 1988, chapter 495, 3.12 section 1; Laws 1989, chapters 209, article 2, section 3.13 42; and 282, article 3, section 28; Laws 1991, chapter 3.14 292, article 2, section 2; Laws 1993, chapter 286, 3.15 section 1; Laws 1994, chapters 411, section 4; and 3.16 416, article 1, sections 47, 51, and 56; Laws 1995, 3.17 chapters 171, sections 54 and 56; and 186, section 26; 3.18 Laws 1995, First Special Session chapter 3, article 3.19 13, section 2; and Laws 1996, chapters 414, article 1, 3.20 section 30; and 471, article 11, section 1. 3.21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 3.22 ARTICLE 1 3.23 GENERAL 3.24 Section 1. Minnesota Statutes 1996, section 10A.323, is 3.25 amended to read: 3.26 10A.323 [MATCHING REQUIREMENTS.] 3.27 In addition to the requirements of section 10A.322, to be 3.28 eligible to receive a public subsidy under section 10A.31or3.2910A.312a candidate or the candidate's treasurer shall file an 3.30 affidavit with the board stating that during that calendar year 3.31 the candidate has accumulated contributions from persons 3.32 eligible to vote in this state in the amount indicated for the 3.33 office sought, counting only the first $50 received from each 3.34 contributor: 3.35 (1) candidates for governor and lieutenant governor running 3.36 together, $35,000; 3.37 (2) candidates for attorney general, $15,000; 3.38 (3) candidates for secretary of state, state treasurer, and 3.39 state auditor, separately, $6,000; 3.40 (4) candidates for the senate, $3,000; and 3.41 (5) candidates for the house of representatives, $1,500. 3.42To be eligible to receive a public matching subsidy under3.43section 10A.312, the affidavit must state the total amount of3.44contributions that have been received from persons eligible to3.45vote in this state and the total amount of those contributions4.1received, disregarding the portion of any contribution in excess4.2of $50.4.3 The candidate or the candidate's treasurer shall submit the 4.4 affidavit required by this section to the board in writing by 4.5 September 1 of the general election year to receive the payment 4.6 based on the results of the primary election, by September 15 to 4.7 receive the payment made October 1, by October 1 to receive the 4.8 payment made October 15, by November 1 to receive the payment 4.9 made November 15, and by December 1 to receive the payment made 4.10 December 15. 4.11 Sec. 2. [REPEALER; SECTION 13.99, SUBDIVISION 21d.] 4.12 Minnesota Statutes 1996, section 13.99, subdivision 21d, is 4.13 repealed. 4.14 Sec. 3. [REPEALER; SECTION 13.99, SUBDIVISION 24a.] 4.15 Minnesota Statutes 1996, section 13.99, subdivision 24a, is 4.16 repealed. 4.17 Sec. 4. Minnesota Statutes 1996, section 13.99, 4.18 subdivision 38b, is amended to read: 4.19 Subd. 38b. [LEAD EXPOSURE DATA.] Data on individuals 4.20 exposed to lead in their residences are classified under 4.21 sections144.874, subdivision 1,144.9502, subdivision 9, and 4.22 144.9504, subdivision 2. 4.23 Sec. 5. [REPEALER; SECTION 15.059 NOTE.] 4.24 Laws 1993, chapter 286, section 1, is repealed. 4.25 Sec. 6. Minnesota Statutes 1996, section 16A.672, 4.26 subdivision 2, is amended to read: 4.27 Subd. 2. [APPLICATION OF COMMERCIAL CODE.] All bonds and 4.28 certificates are securities under sections 336.8-101 to 4.29336.8-408336.8-603. The commissioner may do for the state 4.30 whatever may or must be done under those sections to comply with 4.31 the orders authorizing them. The bonds or certificates may be 4.32 issued: 4.33 (1) in one or more denominations; 4.34 (2) in bearer form, with interest coupons attached; and 4.35 (3) with provision for registration as to principal only; 4.36 or 5.1 (4) in fully registered form; and 5.2 (5) with provision for registration of conversion and 5.3 exchange of forms and denominations, transfer of ownership, and 5.4 replacement of lost or damaged bonds. 5.5 Sec. 7. Minnesota Statutes 1996, section 16A.672, 5.6 subdivision 5, is amended to read: 5.7 Subd. 5. [REGISTRAR.] The commissioner, in order to issue 5.8 any bonds or certificates, may name a registrar to act for the 5.9 state under sections 336.8-101 to336.8-408336.8-603, and to 5.10 authenticate and deliver obligations upon initial issuance and 5.11 registration of transfer, exchange, or conversion. The 5.12 registrar must be an incorporated bank or trust company, in or 5.13 out of the state, authorized by the laws of the United States or 5.14 the state in which it is located to perform these duties. 5.15 Sec. 8. Minnesota Statutes 1996, section 18.023, 5.16 subdivision 3, is amended to read: 5.17 Subd. 3. [RULES; APPLICABILITY TO MUNICIPALITIES.] The 5.18 rules of the commissioner shall apply in a municipality unless 5.19 the municipality adopts an ordinance which is determined by the 5.20 commissioner to be more stringent than the rules of the 5.21 commissioner. The rules of the commissioner or the more 5.22 stringent ordinance of the municipality shall be in effect 60 5.23 days from March 31, 1974. The rules of the commissioner or the 5.24 municipality shall apply to all state agencies, special purpose 5.25 districts and metropolitan commissions as defined in section 5.26 473.121, subdivision75a, which own or control land adjacent to 5.27 or within a shade tree disease control area in Laws 1975, 5.28 chapter 253. 5.29 Sec. 9. Minnesota Statutes 1996, section 18B.33, 5.30 subdivision 1, is amended to read: 5.31 Subdivision 1. [REQUIREMENT.] (a) A person may not apply a 5.32 pesticide for hire without a commercial applicator license for 5.33 the appropriate use categories or a structural pest control 5.34 license or aquatic pest control license. 5.35 (b) A person with a commercial applicator license may not 5.36 apply pesticides on or into surface waters without an aquatic 6.1 pest control license under section18B.3218B.315, except an 6.2 aquatic pest control license is not required for licensed 6.3 commercial applicators applying pesticides for the purposes of: 6.4 (1) pest control on cultivated wild rice; 6.5 (2) mosquito and black fly control operations; 6.6 (3) pest control on rights-of-way; 6.7 (4) aerial pest control operations for emergent vegetation 6.8 control; 6.9 (5) aerial application of piscicides; and 6.10 (6) pest control for silvicultural operations. 6.11 (c) A commercial applicator licensee must have a valid 6.12 license identification card when applying pesticides for hire 6.13 and must display it upon demand by an authorized representative 6.14 of the commissioner or a law enforcement officer. The 6.15 commissioner shall prescribe the information required on the 6.16 license identification card. 6.17 Sec. 10. Minnesota Statutes 1996, section 18E.03, 6.18 subdivision 4, is amended to read: 6.19 Subd. 4. [FEE.] (a) The response and reimbursement fee 6.20 consists of the surcharges and any adjustments made by the 6.21 commissioner in this subdivision and shall be collected by the 6.22 commissioner. The amount of the response and reimbursement fee 6.23 shall be determined and imposed annually by the commissioner as 6.24 required to satisfy the requirements in subdivision 3. The 6.25 commissioner shall adjust the amount of the surcharges imposed 6.26 in proportion to the amount of the surcharges listed in this 6.27 subdivision. 6.28 (b) The commissioner shall impose a surcharge on pesticides 6.29 registered under chapter 18B to be collected as a surcharge on 6.30 the registration application fee under section 18B.26, 6.31 subdivision 3, that is equal to 0.1 percent of sales of the 6.32 pesticide in the state and sales of pesticides for use in the 6.33 state during the previous calendar year, except the surcharge 6.34 may not be imposed on pesticides that are sanitizers or 6.35 disinfectants as determined by the commissioner. No surcharge 6.36 is required if the surcharge amount based on percent of annual 7.1 gross sales is less than $10. The registrant shall determine 7.2 when and which pesticides are sold or used in this state. The 7.3 registrant shall secure sufficient sales information of 7.4 pesticides distributed into this state from distributors and 7.5 dealers, regardless of distributor location, to make a 7.6 determination. Sales of pesticides in this state and sales of 7.7 pesticides for use in this state by out-of-state distributors 7.8 are not exempt and must be included in the registrant's annual 7.9 report, as required under section 18B.26, subdivision 3, 7.10 paragraph (c), and fees shall be paid by the registrant based 7.11 upon those reported sales. Sales of pesticides in the state for 7.12 use outside of the state are exempt from the surcharge in this 7.13 paragraph if the registrant properly documents the sale location 7.14 and the distributors. 7.15 (c) The commissioner shall impose a ten cents per ton 7.16 surcharge on the inspection fee under section 18C.425, 7.17 subdivision 6, for fertilizers, soil amendments, and plant 7.18 amendments. 7.19 (d) The commissioner shall impose a surcharge on the 7.20 license application of persons licensed under chapters 18B and 7.21 18C consisting of: 7.22 (1) a $75 surcharge for each site where pesticides are 7.23 stored or distributed, to be imposed as a surcharge on pesticide 7.24 dealer application fees under section 18B.31, subdivision 5; 7.25 (2) a $75 surcharge for each site where a fertilizer, plant 7.26 amendment, or soil amendment is distributed, to be imposed on 7.27 persons licensed under sections 18C.415 and 18C.425; 7.28 (3) a $50 surcharge to be imposed on a structural pest 7.29 control applicator license application under section 18B.32, 7.30 subdivision 6, for business license applications only; 7.31 (4) a $20 surcharge to be imposed on commercial applicator 7.32 license application fees under section 18B.33, subdivision 7; 7.33 (5) a $20 surcharge to be imposed on noncommercial 7.34 applicator license application fees under section 18B.34, 7.35 subdivision 5, except a surcharge may not be imposed on a 7.36 noncommercial applicator that is a state agency, political 8.1 subdivision of the state, the federal government, or an agency 8.2 of the federal government; and 8.3 (6) a $20 surcharge to be imposed on aquatic pest control 8.4 licenses under section 18B.315. 8.5 (e) A $1,000 fee shall be imposed on each site where 8.6 pesticides are stored and sold for use outside of the state 8.7 unless: 8.8 (1) the distributor properly documents that it has less 8.9 than $2,000,000 per year in wholesale value of pesticides stored 8.10 and transferred through the site; or 8.11 (2) the registrant pays the surcharge under paragraph (b) 8.12 and the registration fee under section 18B.26, subdivision 3, 8.13 for all of the pesticides stored at the site and sold for use 8.14 outside of the state. 8.15 (f) Paragraphs (c) to (e) apply to sales, licenses issued, 8.16 applications received for licenses, and inspection fees imposed 8.17 on or after July 1, 1990. 8.18 Sec. 11. [REVISOR'S INSTRUCTION; SECTIONS 25.31 TO 25.43.] 8.19 The revisor shall change the citation from section 25.44 to 8.20 section 25.43 in the following sections of Minnesota Statutes: 8.21 25.31; 25.32; 25.33; 25.34; 25.36; 25.37; 25.39; 25.40; 25.41; 8.22 25.42; and 25.43. 8.23 Sec. 12. Minnesota Statutes 1996, section 25.47, 8.24 subdivision 2, is amended to read: 8.25 Subd. 2. The commissioner of agriculture shall, on or 8.26 before June 15 of each year, establish the grades of hay and 8.27 straw subject to state inspection which shall be known as the 8.28 "Minnesota Grades" and hay and straw received at a public 8.29 warehouse shall be graded accordingly. The grades shall not be 8.30 changed before June 15 of the next succeeding year. The 8.31 commissioner of agriculture shall also adopt rules in accordance 8.32 with the administrative procedure act as it deems necessary to 8.33 implement this sectionand section 25.46. 8.34 Sec. 13. [REVISOR'S INSTRUCTION; SECTIONS 27.13 TO 27.20.] 8.35 The revisor shall change the citation from section 27.15 to 8.36 section 27.14 in the following sections of Minnesota Statutes: 9.1 27.13; 27.14; 27.19; and 27.20. 9.2 Sec. 14. Minnesota Statutes 1996, section 32.078, is 9.3 amended to read: 9.4 32.078 [SUSPENSION OR CANCELLATION.] 9.5 The commissioner is empowered to suspend or cancel any 9.6 license issued pursuant to the provisions of sections 32.071 to 9.732.07732.076 after a hearing upon written notice containing the 9.8 grounds therefor, which notice shall be served personally upon 9.9 the licensee or the licensee's agent at least five days prior to 9.10 such hearing. 9.11 Sec. 15. Minnesota Statutes 1996, section 32.481, 9.12 subdivision 1, is amended to read: 9.13 Subdivision 1. [DEFINITION.] "Cheese" as used in sections 9.14 32.481 to32.48532.484 includes all varieties of cheese, cheese 9.15 spreads, cheese foods, cheese compounds, or processed cheese, 9.16 made or manufactured in whole or in part from cow's, goat's, or 9.17 sheep's milk. 9.18 Sec. 16. [REVIVAL OF STATUTES; SECTIONS 35.01 AND 35.73.] 9.19 Notwithstanding Minnesota Statutes, section 645.36, 9.20 Minnesota Statutes 1994, sections 35.01, subdivisions 1, 2, and 9.21 3; and 35.73, subdivisions 1 and 4, are revived retroactive to 9.22 August 1, 1996. 9.23 Sec. 17. [REPEALER; SECTIONS 50.21 AND 50.22 NOTE.] 9.24 Laws 1995, chapter 171, sections 54 and 56, are repealed. 9.25 Sec. 18. [REVISOR'S INSTRUCTION; SECTION 60A.15.] 9.26 The revisor shall insert the phrase "of revenue" after the 9.27 word "commissioner" wherever the word "commissioner" appears 9.28 without further designation in Minnesota Statutes, section 9.29 60A.15. 9.30 Sec. 19. [REPEALER; SECTION 62L.08 NOTE.] 9.31 Laws 1995, First Special Session chapter 3, article 13, 9.32 section 2, is repealed. 9.33 Sec. 20. [REVISOR'S INSTRUCTION; SECTIONS 65A.16 TO 9.34 65A.24.] 9.35 The revisor shall change the citation from section 65A.25 9.36 to section 65A.24 in the following sections of Minnesota 10.1 Statutes: 65A.16; 65A.17; 65A.18; 65A.19; 65A.22; 65A.23; and 10.2 65A.24. 10.3 Sec. 21. Minnesota Statutes 1996, section 84.027, 10.4 subdivision 13, is amended to read: 10.5 Subd. 13. [GAME AND FISH RULES.] (a) The commissioner of 10.6 natural resources may adopt rules under sections 97A.0451 to 10.7 97A.0459 and this subdivision that are authorized under: 10.8 (1) chapters 97A, 97B, and 97C to set open seasons and 10.9 areas, to close seasons and areas, to select hunters for areas, 10.10 to provide for tagging and registration of game, to prohibit or 10.11 allow taking of wild animals to protect a species, and to 10.12 prohibit or allow importation, transportation, or possession of 10.13 a wild animal; 10.14 (2) sections 84.093,84.14,84.15, and 84.152 to set 10.15 seasons for harvesting wild ginseng roots and wild rice and to 10.16 restrict or prohibit harvesting in designated areas; and 10.17 (3) section 84D.12 to designate prohibited exotic species, 10.18 regulated exotic species, unregulated exotic species, limited 10.19 infestations of Eurasian water milfoil, and infested waters. 10.20Clause (2) does not limit or supersede the commissioner's10.21authority to establish opening dates, days, and hours of the10.22wild rice harvesting season under section 84.14, subdivision 3.10.23 (b) If conditions exist that do not allow the commissioner 10.24 to comply with sections 97A.0451 to 97A.0459, the commissioner 10.25 may adopt a rule under this subdivision by submitting the rule 10.26 to the attorney general for review under section 97A.0455, 10.27 publishing a notice in the State Register and filing the rule 10.28 with the secretary of state and the legislative commission to 10.29 review administrative rules, and complying with section 10.30 97A.0459, and including a statement of the emergency conditions 10.31 and a copy of the rule in the notice. The notice may be 10.32 published after it is received from the attorney general or five 10.33 business days after it is submitted to the attorney general, 10.34 whichever is earlier. 10.35 (c) Rules adopted under paragraph (b) are effective upon 10.36 publishing in the State Register and may be effective up to 11.1 seven days before publishing and filing under paragraph (b), if: 11.2 (1) the commissioner of natural resources determines that 11.3 an emergency exists; 11.4 (2) the attorney general approves the rule; and 11.5 (3) for a rule that affects more than three counties the 11.6 commissioner publishes the rule once in a legal newspaper 11.7 published in Minneapolis, St. Paul, and Duluth, or for a rule 11.8 that affects three or fewer counties the commissioner publishes 11.9 the rule once in a legal newspaper in each of the affected 11.10 counties. 11.11 (d) Except as provided in paragraph (e), a rule published 11.12 under paragraph (c), clause (3), may not be effective earlier 11.13 than seven days after publication. 11.14 (e) A rule published under paragraph (c), clause (3), may 11.15 be effective the day the rule is published if the commissioner 11.16 gives notice and holds a public hearing on the rule within 15 11.17 days before publication. 11.18 (f) The commissioner shall attempt to notify persons or 11.19 groups of persons affected by rules adopted under paragraphs (b) 11.20 and (c) by public announcements, posting, and other appropriate 11.21 means as determined by the commissioner. 11.22 (g) Notwithstanding section 97A.0458, a rule adopted under 11.23 this subdivision is effective for the period stated in the 11.24 notice but not longer than 18 months after the rule is adopted. 11.25 Sec. 22. Minnesota Statutes 1996, section 92.46, 11.26 subdivision 1, is amended to read: 11.27 Subdivision 1. [PUBLIC CAMPGROUNDS.] (a) The director may 11.28 designate suitable portions of the state lands withdrawn from 11.29 sale and not reserved, as provided in section 92.45, as 11.30 permanent state public campgrounds. The director may have the 11.31 land surveyed and platted into lots of convenient size, and 11.32 lease them for cottage and camp purposes under terms and 11.33 conditions the director prescribes, subject to the provisions of 11.34 this section. 11.35 (b) A lease may not be for a term more than 20 years. The 11.36 lease may allow renewal, from time to time, for additional terms 12.1 of no longer than 20 years each. The lease may be canceled by 12.2 the commissioner 90 days after giving the person leasing the 12.3 land written notice of violation of lease conditions. The lease 12.4 rate shall be based on the appraised value of leased land as 12.5 determined by the commissioner of natural resources and shall be 12.6 adjusted by the commissioner at the fifth, tenth, and 15th 12.7 anniversary of the lease, if the appraised value has increased 12.8 or decreased. For leases that are renewed in 1991 and following 12.9 years, the lease rate shall be five percent of the appraised 12.10 value of the leased land. The appraised value shall be the 12.11 value of the leased land without any private improvements and 12.12 must be comparable to similar land without any improvements 12.13 within the same county. The minimum appraised value that the 12.14 commissioner assigns to the leased land must be substantially 12.15 equal to the county assessor's estimated market value of similar 12.16 land adjusted by the assessment/sales ratio as determined by the 12.17 department of revenue. 12.18 (c) By July 1, 1986, the commissioner of natural resources 12.19 shall adopt rules under chapter 14 to establish procedures for 12.20 leasing land under this section. The rules shall be subject to 12.21 review and approval by the commissioners of revenue and 12.22 administration prior to the initial publication pursuant to 12.23 chapter 14 and prior to their final adoption. The rules must 12.24 address at least the following: 12.25 (1) method of appraising the property; and 12.26 (2) an appeal procedure for both the appraised values and 12.27 lease rates. 12.28 (d) All money received from these leases must be credited 12.29 to the fund to which the proceeds of the land belong. 12.30 Notwithstanding section 16A.125 or any other law to the 12.31 contrary, 50 percent of the money received from the lease of 12.32 permanent school fund lands leased pursuant to this subdivision 12.33 must be credited to the lakeshore leasing and sales account in 12.34 the permanent school fund and is appropriated for use to survey, 12.35 appraise, and pay associated selling and leasing costs of lots 12.36 as required in this section and Minnesota Statutes 1992, section 13.1 92.67, subdivision 3. The money may not be used to pay the cost 13.2 of surveying lots not scheduled for sale. Any money designated 13.3 for deposit in the permanent school fund that is not needed to 13.4 survey, appraise, and pay associated selling and leasing costs 13.5 of lots, as required in this sectionand section 92.67, shall be 13.6 deposited in the permanent school fund. The commissioner shall 13.7 add to the appraised value of any lot offered for sale the costs 13.8 of surveying, appraising, and selling the lot, and shall first 13.9 deposit into the permanent school fund an amount equal to the 13.10 costs of surveying, appraising, and selling any lot paid out of 13.11 the permanent school fund. Any remaining money shall be 13.12 deposited into any other contributing funds in proportion to the 13.13 contribution from each fund. In no case may the commissioner 13.14 add to the appraised value of any lot offered for sale an amount 13.15 more than $700 for the costs of surveying and appraising the lot. 13.16 Sec. 23. [REPEALER; SECTION 92.46, SUBDIVISION 1, NOTE.] 13.17 Laws 1995, chapter 186, section 26, is repealed. 13.18 Sec. 24. [REPEALER; SECTION 103I.235 NOTE.] 13.19 Laws 1991, chapter 292, article 2, section 2, is repealed. 13.20 Sec. 25. Minnesota Statutes 1996, section 103I.341, 13.21 subdivision 1, is amended to read: 13.22 Subdivision 1. [LIEN FOR SEALING COSTS.] The commissioner 13.23 and the board of water and soil resources have a governmental 13.24 services lien under section 514.67 for the costs of sealing a 13.25 well or boring that the commissioner or board has contracted to 13.26 be sealed under section 103I.315, subdivision 2;103I.331;or 13.27 103I.335. The lien attaches to the real property where the well 13.28 or boring is located. The lien is perfected by filing the lien 13.29 with the county recorder or registrar of titles where the well 13.30 or boring and the property are located and serving or mailing by 13.31 return receipt a copy of the lien to the property owner. 13.32 Sec. 26. Minnesota Statutes 1996, section 103I.535, 13.33 subdivision 9, is amended to read: 13.34 Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 13.35 to submit all information required for renewal in subdivision 8 13.36 or submits the application and information after the required 14.1 renewal date: 14.2 (1) the licensee must include an additional late fee set by 14.3 the commissioner under section16A.12816A.1285; and 14.4 (2) the licensee may not conduct activities authorized by 14.5 the elevator shaft contractor's license until the renewal 14.6 application, renewal application fee, and late fee, and all 14.7 other information required in subdivision 8 are submitted. 14.8 Sec. 27. [REPEALER.] 14.9 Minnesota Statutes 1996, section 115A.03, subdivision 16, 14.10 is repealed. 14.11 Sec. 28. Minnesota Statutes 1996, section 115A.10, is 14.12 amended to read: 14.13 115A.10 [DUTIES OF THE OFFICE; HAZARDOUS WASTE FACILITIES; 14.14 ENCOURAGEMENT OF PRIVATE ENTERPRISE.] 14.15 The office and the director on behalf of the office shall 14.16 encourage the development and operation of hazardous waste 14.17 facilities by private enterprise to the extent practicable and 14.18 consistent with the purposes of sections 115A.01 to 115A.72 and 14.19 the office's hazardous waste management plan adopted pursuant to 14.20 section 115A.11.In preparing the reports under section 115A.0814.21and the inventory of processing facility sites under section14.22115A.09,In adopting the management plan, and in its actions and 14.23 decisions under sections 115A.18 to 115A.30 and 115A.32 to 14.24 115A.39, the office and the director on behalf of the office 14.25 shall solicit the active participation of private waste 14.26 management firms and shall so conduct its activities as to 14.27 encourage private permit applications for facilities needed in 14.28 the state.The office shall promulgate rules for accepting and14.29evaluating applications for permits for the construction and14.30operation of facilities at sites preferred by the office14.31pursuant to section 115A.09. The rules shall include standards14.32and procedures for making determinations on the minimum14.33qualifications, including technical competence and financial14.34capability, of permit applicants.14.35 Sec. 29. Minnesota Statutes 1996, section 115A.11, 14.36 subdivision 1b, is amended to read: 15.1 Subd. 1b. [CONTENTS.] The plan must include at least the 15.2 elements prescribed in this subdivision. 15.3 (a) The plan must estimate the types and quantities of 15.4 hazardous waste that will be generated in the state through the 15.5 year 2000. 15.6 (b) The plan must set out specific and quantifiable 15.7 objectives for reducing to the greatest feasible and prudent 15.8 extent the need for and use of disposal facilities located 15.9 within the state, through waste reduction, pretreatment, 15.10 retrievable storage, processing, and resource recovery. 15.11 (c) The plan must estimate the minimum disposal capacity 15.12 and capability required by generators in the state for use 15.13 through the year 2000. The estimate must be based on the 15.14 achievement of the objectives under paragraph (b). 15.15 (d) The plan must describe and recommend the implementation 15.16 strategies required to assure availability of disposal capacity 15.17 for the types and quantities of waste estimated under paragraph 15.18 (c) and to achieve the objectives required by paragraph (b). 15.19 The recommendations must address at least the following: the 15.20 necessary private and government actions; the types of 15.21 facilities and programs required; the availability and use of 15.22 specific facilities outside of the state; development schedules 15.23 for facilities, services, and rules that should be established 15.24 in the state; revenue-raising and financing measures; levels of 15.25 public and private effort and expenditure; legal and 15.26 institutional changes; and other similar matters. 15.27 (e) The plan must provide for the orderly development of 15.28 hazardous waste management sites and facilities to protect the 15.29 health and safety of rural and urban communities. In preparing 15.30 the plan the office shall consider its impact upon agriculture 15.31 and natural resources. 15.32 (f) The plan must include methods and procedures that will 15.33 encourage the establishment of programs, services, and 15.34 facilities that the office recommends for development in the 15.35 state for the recycling, reuse, recovery, conversion, treatment, 15.36 destruction, transfer, storage, or disposal, including 16.1 retrievable storage, of hazardous waste. 16.2 The plan must be consistent with the estimate of need and 16.3 feasibility analysis prepared under section 115A.24, the16.4analysis provided in the phase I environmental impact statement16.5determined to be adequate under section 115A.25, subdivision 1a,16.6 and the decisions made by the office undersectionssection 16.7 115A.28and 115A.291. 16.8 The office may make the implementation of elements of the 16.9 plan contingent on actions of the legislature that have been 16.10 recommended in the draft plan. 16.11 Sec. 30. Minnesota Statutes 1996, section 115A.12, is 16.12 amended to read: 16.13 115A.12 [ADVISORY COUNCILS.] 16.14 (a) The director shall establish a solid waste management 16.15 advisory council, a hazardous waste management planning council, 16.16 and a market development coordinating council, that are broadly 16.17 representative of the geographic areas and interests of the 16.18 state. 16.19 (b) The solid waste council shall have not less than nine 16.20 nor more than 21 members. The membership of the solid waste 16.21 council shall consist of one-third citizen representatives, 16.22 one-third representatives from local government units, and 16.23 one-third representatives from private solid waste management 16.24 firms. The solid waste council shall contain at least three 16.25 members experienced in the private recycling industry and at 16.26 least one member experienced in each of the following areas: 16.27 state and municipal finance; solid waste collection, processing, 16.28 and disposal; and solid waste reduction and resource recovery. 16.29 (c) The hazardous waste council shall have not less than 16.30 nine nor more than 18 members. The membership of the hazardous 16.31 waste advisory council shall consist of one-third citizen 16.32 representatives, one-third representatives from local government 16.33 units, and one-third representatives of hazardous waste 16.34 generators and private hazardous waste management firms. 16.35 (d) The market development coordinating council shall have 16.36 not less than nine nor more than 18 members and shall consist of 17.1 one representative from the department of trade and economic 17.2 development, the department of administration, the pollution 17.3 control agency, Minnesota Technology, Inc., and the legislative 17.4 commission on waste management. The other members shall 17.5 represent local government units, private recycling markets, and 17.6 private recycling collectors. The market development 17.7 coordinating council expires June 30, 1997. 17.8 (e) The chairs of the advisory councils shall be appointed 17.9 by the director. The director shall provide administrative and 17.10 staff services for the advisory councils. The advisory councils 17.11 shall have such duties as are assigned by law or the director. 17.12 The solid waste advisory council shall make recommendations to 17.13 the office on its solid waste management activities. The 17.14 hazardous waste advisory council shall make recommendations to 17.15 the office on its activities under sections115A.08, 115A.09,17.16 115A.10, 115A.11, 115A.20,115A.21,and 115A.24. Members of the 17.17 advisory councils shall serve without compensation but shall be 17.18 reimbursed for their reasonable expenses as determined by the 17.19 director. The solid waste management advisory council and the 17.20 hazardous waste management planning council expire June 30, 1997. 17.21 Sec. 31. Minnesota Statutes 1996, section 115A.9651, 17.22 subdivision 1, is amended to read: 17.23 Subdivision 1. [PROHIBITION.] (a) Except as provided 17.24 inparagraphsparagraph (d)and (e), no person may distribute 17.25 for sale or use in this state any ink, dye, pigment, paint, or 17.26 fungicide manufactured after September 1, 1994, into which lead, 17.27 cadmium, mercury, or hexavalent chromium has been intentionally 17.28 introduced. 17.29 (b) For the purposes of this subdivision, "intentionally 17.30 introduce" means to deliberately use a metal listed in paragraph 17.31 (a) as an element during manufacture or distribution of an item 17.32 listed in paragraph (a). Intentional introduction does not 17.33 include the incidental presence of any of the prohibited 17.34 elements. 17.35 (c) The concentration of a listed metal in an item listed 17.36 in paragraph (a) may not exceed 100 parts per million. 18.1 (d) The prohibition on the use of lead in substances 18.2 utilized in marking road, street, highway, and bridge pavements 18.3 does not take effect until July 1, 1998. 18.4(e) The use of lead in substances utilized in marking road,18.5street, highway, and bridge pavements is exempt from this18.6subdivision until July 1, 1998.18.7 Sec. 32. Minnesota Statutes 1996, section 115B.20, 18.8 subdivision 1, is amended to read: 18.9 Subdivision 1. [ESTABLISHMENT.] (a) The environmental 18.10 response, compensation, and compliance account is in the 18.11 environmental fund in the state treasury and may be spent only 18.12 for the purposes provided in subdivision 2. 18.13 (b) The commissioner of finance shall administer a response 18.14 account for the agency and the commissioner of agriculture to 18.15 take removal, response, and other actions authorized under 18.16 subdivision 2, clauses (1) to (4) and(11)(10) to(13)(12). 18.17 The commissioner of finance shall transfer money from the 18.18 response account to the agency and the commissioner of 18.19 agriculture to take actions required under subdivision 2, 18.20 clauses (1) to (4) and(11)(10) to(13)(12). 18.21 (c) The commissioner of finance shall administer the 18.22 account in a manner that allows the commissioner of agriculture 18.23 and the agency to utilize the money in the account to implement 18.24 their removal and remedial action duties as effectively as 18.25 possible. 18.26 (d) Amounts appropriated to the commissioner of finance 18.27 under this subdivision shall not be included in the department 18.28 of finance budget but shall be included in the pollution control 18.29 agency and department of agriculture budgets. 18.30 (e) All money recovered by the state under section 115B.04 18.31 or any other law for injury to, destruction of, or loss of 18.32 natural resources resulting from the release of a hazardous 18.33 substance, or a pollutant or contaminant, must be credited to 18.34 the environmental response, compensation, and compliance account 18.35 in the environmental fund and is appropriated to the 18.36 commissioner of natural resources for purposes of subdivision 2, 19.1 clause (6), consistent with any applicable term of judgments, 19.2 consent decrees, consent orders, or other administrative actions 19.3 requiring payments to the state for such purposes. Before 19.4 making an expenditure of money appropriated under this 19.5 paragraph, the commissioner of natural resources shall provide 19.6 written notice of the proposed expenditure to the chairs of the 19.7 senate committee on finance, the house of representatives 19.8 committee on ways and means, the finance division of the senate 19.9 committee on environment and natural resources, and the house of 19.10 representatives committee on environment and natural resources 19.11 finance. 19.12 Sec. 33. Minnesota Statutes 1996, section 115B.20, 19.13 subdivision 2, is amended to read: 19.14 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject 19.15 to appropriation by the legislature the money in the account may 19.16 be spent for any of the following purposes: 19.17 (1) preparation by the agency and the commissioner of 19.18 agriculture for taking removal or remedial action under section 19.19 115B.17, or under chapter 18D, including investigation, 19.20 monitoring and testing activities, enforcement and compliance 19.21 efforts relating to the release of hazardous substances, 19.22 pollutants or contaminants under section 115B.17 or 115B.18, or 19.23 chapter 18D; 19.24 (2) removal and remedial actions taken or authorized by the 19.25 agency or the commissioner of the pollution control agency under 19.26 section 115B.17, or taken or authorized by the commissioner of 19.27 agriculture under chapter 18D including related enforcement and 19.28 compliance efforts under section 115B.17 or 115B.18, or chapter 19.29 18D, and payment of the state share of the cost of remedial 19.30 action which may be carried out under a cooperative agreement 19.31 with the federal government pursuant to the Federal Superfund 19.32 Act, under United States Code, title 42, section 9604(c)(3) for 19.33 actions related to facilities other than commercial hazardous 19.34 waste facilities located under the siting authority of chapter 19.35 115A; 19.36 (3) reimbursement to any private person for expenditures 20.1 made before July 1, 1983, to provide alternative water supplies 20.2 deemed necessary by the agency or the commissioner of 20.3 agriculture and the department of health to protect the public 20.4 health from contamination resulting from the release of a 20.5 hazardous substance; 20.6 (4) removal and remedial actions taken or authorized by the 20.7 agency or the commissioner of agriculture or the pollution 20.8 control agency under section 115B.17, or chapter 18D, including 20.9 related enforcement and compliance efforts under section 115B.17 20.10 or 115B.18, or chapter 18D, and payment of the state share of 20.11 the cost of remedial action which may be carried out under a 20.12 cooperative agreement with the federal government pursuant to 20.13 the Federal Superfund Act, under United States Code, title 42, 20.14 section 9604(c)(3) for actions related to commercial hazardous 20.15 waste facilities located under the siting authority of chapter 20.16 115A; 20.17 (5)compensation as provided by law, after submission by20.18the office of environmental assistance of the report required20.19under section 115A.08, subdivision 5, to mitigate any adverse20.20impact of the location of commercial hazardous waste processing20.21or disposal facilities located pursuant to the siting authority20.22of chapter 115A;20.23(6)planning and implementation by the commissioner of 20.24 natural resources of the rehabilitation, restoration, or 20.25 acquisition of natural resources to remedy injuries or losses to 20.26 natural resources resulting from the release of a hazardous 20.27 substance; 20.28(7)(6) inspection, monitoring, and compliance efforts by 20.29 the agency, or by political subdivisions with agency approval, 20.30 of commercial hazardous waste facilities located under the 20.31 siting authority of chapter 115A; 20.32(8)(7) grants by the agency or the office of environmental 20.33 assistance to demonstrate alternatives to land disposal of 20.34 hazardous waste including reduction, separation, pretreatment, 20.35 processing and resource recovery, for education of persons 20.36 involved in regulating and handling hazardous waste; 21.1(9)(8) intervention and environmental mediation by the 21.2 legislative commission on waste management under chapter 115A; 21.3and21.4(10)(9) grants by the agency to study the extent of 21.5 contamination and feasibility of cleanup of hazardous substances 21.6 and pollutants or contaminants in major waterways of the state; 21.7(11)(10) acquisition of a property interest under section 21.8 115B.17, subdivision 15; 21.9(12)(11) reimbursement, in an amount to be determined by 21.10 the agency in each case, to a political subdivision that is not 21.11 a responsible person under section 115B.03, for reasonable and 21.12 necessary expenditures resulting from an emergency caused by a 21.13 release or threatened release of a hazardous substance, 21.14 pollutant, or contaminant; and 21.15(13)(12) reimbursement to a political subdivision for 21.16 expenditures in excess of the liability limit under section 21.17 115B.04, subdivision 4. 21.18 Sec. 34. Minnesota Statutes 1996, section 115B.39, 21.19 subdivision 2, is amended to read: 21.20 Subd. 2. [DEFINITIONS.] (a) In addition to the definitions 21.21 in this subdivision, the definitions in sections 115A.03 and 21.22 115B.02 apply to sections 115B.39 to115B.46115B.445, except as 21.23 specifically modified in this subdivision. 21.24 (b) "Cleanup order" means a consent order between 21.25 responsible persons and the agency or an order issued by the 21.26 United States Environmental Protection Agency under section 106 21.27 of the federal Superfund Act. 21.28 (c) "Closure" means actions to prevent or minimize the 21.29 threat to public health and the environment posed by a mixed 21.30 municipal solid waste disposal facility that has stopped 21.31 accepting waste by controlling the sources of releases or 21.32 threatened releases at the facility. "Closure" includes 21.33 removing contaminated equipment and liners; applying final 21.34 cover; grading and seeding final cover; installing wells, 21.35 borings, and other monitoring devices; constructing groundwater 21.36 and surface water diversion structures; and installing gas 22.1 control systems and site security systems, as necessary. The 22.2 commissioner may authorize use of final cover that includes 22.3 processed materials that meet the requirements in Code of 22.4 Federal Regulations, title 40, section 503.32, paragraph (a). 22.5 (d) "Contingency action" means organized, planned, or 22.6 coordinated courses of action to be followed in case of fire, 22.7 explosion, or release of solid waste, waste by-products, or 22.8 leachate that could threaten human health or the environment. 22.9 (e) "Corrective action" means steps taken to repair 22.10 facility structures including liners, monitoring wells, 22.11 separation equipment, covers, and aeration devices and to bring 22.12 the facility into compliance with design, construction, 22.13 groundwater, surface water, and air emission standards. 22.14 (f) "Decomposition gases" means gases produced by chemical 22.15 or microbial activity during the decomposition of solid waste. 22.16 (g) "Environmental response action" means response action 22.17 at a qualified facility, including corrective action, closure, 22.18 postclosure care; contingency action; environmental studies, 22.19 including remedial investigations and feasibility studies; 22.20 engineering, including remedial design; removal; remedial 22.21 action; site construction; and other similar cleanup-related 22.22 activities. 22.23 (h) "Environmental response costs" means: 22.24 (1) costs of environmental response action, not including 22.25 legal or administrative expenses; and 22.26 (2) costs required to be paid to the federal government 22.27 under section 107(a) of the federal Superfund Act, as amended. 22.28 (i) "Postclosure" or "postclosure care" means actions taken 22.29 for the care, maintenance, and monitoring of closure actions at 22.30 a mixed municipal solid waste disposal facility. 22.31 (j) "Qualified facility" means a mixed municipal solid 22.32 waste disposal facility, including adjacent property used for 22.33 solid waste disposal, that: 22.34 (1) is or was permitted by the agency; 22.35 (2) stopped accepting solid waste, except demolition 22.36 debris, for disposal by April 9, 1994; and 23.1 (3) stopped accepting demolition debris for disposal by 23.2 June 1, 1994, except that demolition debris may be accepted 23.3 until May 1, 1995, at a permitted area where disposal of 23.4 demolition debris is allowed, if the area where the demolition 23.5 debris is deposited is at least 50 feet from the fill boundary 23.6 of the area where mixed municipal solid waste was deposited. 23.7 Sec. 35. Minnesota Statutes 1996, section 115B.412, 23.8 subdivision 5, is amended to read: 23.9 Subd. 5. [ENVIRONMENTAL LIEN.] An environmental lien for 23.10 environmental response costs incurred, including reimbursements 23.11 made under section 115B.43, by the commissioner under sections 23.12 115B.39 to115B.46115B.445 attaches in the same manner as a 23.13 lien under sections 514.671 to 514.676 to all the real property 23.14 described in the original and any revised permits for a 23.15 qualified facility and any adjacent property owned by the 23.16 facility owner or operator from the date the first assessment, 23.17 closure, postclosure care, or response activities related to the 23.18 facility are undertaken by the commissioner. For the purposes 23.19 of filing an environmental lien under this subdivision, the term 23.20 "cleanup action" as used in sections 514.671 to 514.676 includes 23.21 all of the costs incurred by the commissioner to assess, close, 23.22 maintain, monitor, and respond to releases at qualified 23.23 facilities under sections 115B.39 to115B.46115B.445. 23.24 Notwithstanding section 514.672, subdivision 4, a lien under 23.25 this paragraph takes precedence over all other liens on the 23.26 property regardless of when the other liens were or are 23.27 perfected. For the purpose of this subdivision, "owner or 23.28 operator" has the meaning given it in section 115B.41, 23.29 subdivision 4. 23.30 Sec. 36. Minnesota Statutes 1996, section 115B.42, 23.31 subdivision 2, is amended to read: 23.32 Subd. 2. [EXPENDITURES.] (a) Money in the fund may be 23.33 spent by the commissioner to: 23.34 (1) inspect permitted mixed municipal solid waste disposal 23.35 facilities to: 23.36 (i) evaluate the adequacy of final cover, slopes, 24.1 vegetation, and erosion control; 24.2 (ii) determine the presence and concentration of hazardous 24.3 substances, pollutants or contaminants, and decomposition gases; 24.4 and 24.5 (iii) determine the boundaries of fill areas; 24.6 (2) monitor and take, or reimburse others for, 24.7 environmental response actions, including emergency response 24.8 actions, at qualified facilities; 24.9 (3) acquire and dispose of property under section 115B.412, 24.10 subdivision 3; 24.11 (4) recover costs undersectionssection 115B.39and24.12115B.46; 24.13 (5) administer, including providing staff and 24.14 administrative support for, sections 115B.39 to115B.4624.15 115B.445; 24.16 (6) enforce sections 115B.39 to115B.46115B.445; 24.17 (7) subject to appropriation, administer the agency's 24.18 groundwater and solid waste management programs; 24.19 (8) reimburse persons under section 115B.43; and 24.20 (9) reimburse mediation expenses up to a total of $250,000 24.21 annually or defense costs up to a total of $250,000 annually for 24.22 third-party claims for response costs under state or federal law 24.23 as provided in section 115B.414. 24.24 Sec. 37. Minnesota Statutes 1996, section 116.07, 24.25 subdivision 4b, is amended to read: 24.26 Subd. 4b. [PERMITS; HAZARDOUS WASTE FACILITIES.] (a) The 24.27 agency shall provide to the office of environmental assistance 24.28 established in section 115A.055, copies of each permit 24.29 application for a hazardous waste facility immediately upon its 24.30 submittal to the agency. The agency shall request 24.31 recommendations on each permit application from the office and 24.32 shall consult with the office on the agency's intended 24.33 disposition of the recommendations. Except as otherwise 24.34 provided in sections 115A.18 to 115A.30, the agency shall 24.35 commence any environmental review required under chapter 116D 24.36 within 120 days of its acceptance of a completed permit 25.1 application. The agency shall respond to a permit application 25.2 for a hazardous waste facility within 120 days following a 25.3 decision not to prepare environmental documents or following the 25.4 acceptance of a negative declaration notice or an environmental 25.5 impact statement. Except as otherwise provided in sections 25.6 115A.18 to 115A.30, within 60 days following the submission of a 25.7 final permit application for a hazardous waste facility, unless 25.8 a time extension is agreed to by the applicant, the agency shall 25.9 issue or deny all permits needed for the construction of the 25.10 proposed facility. 25.11 (b) The agency shall promulgate rules pursuant to chapter 25.12 14 for all hazardous waste facilities.After the report of the25.13office of environmental assistance required by section 115A.08,25.14subdivision 5a, has been submitted to the legislature, the25.15agency shall review its rules for hazardous waste facilities and25.16shall consider whether any of the rules should be modified or if25.17new rules should be adopted based on the recommendations in the25.18report.The rules shall require: 25.19 (1) contingency plans for all hazardous waste facilities 25.20 which provide for effective containment and control in any 25.21 emergency condition; 25.22 (2) the establishment of a mechanism to assure that money 25.23 to cover the costs of closure and postclosure monitoring and 25.24 maintenance of hazardous waste facilities will be available; 25.25 (3) the maintenance of liability insurance by the owner or 25.26 operator of hazardous waste facilities during the operating life 25.27 of the facility. 25.28 Sec. 38. Minnesota Statutes 1996, section 116.07, 25.29 subdivision 10, is amended to read: 25.30 Subd. 10. [SOLID WASTE GENERATOR ASSESSMENTS.] (a) For the 25.31 purposes of this subdivision: 25.32 (1) "assessed waste" means mixed municipal solid waste as 25.33 defined in section 115A.03, subdivision 21, infectious waste as 25.34 defined in section 116.76, subdivision 12, pathological waste as 25.35 defined in section 116.76, subdivision 14, industrial waste as 25.36 defined in section 115A.03, subdivision 13a, and construction 26.1 debris as defined in section 115A.03, subdivision 7; provided 26.2 that all types of assessed waste listed in this clause do not 26.3 include: 26.4 (i) materials that are separated for recycling by the 26.5 generator and that are collected separately from other waste and 26.6 delivered to a waste facility for the purpose of recycling and 26.7 recycled; 26.8 (ii) materials that are separated for recycling by the 26.9 generator, collected and delivered to a waste facility that 26.10 recycles at least 85 percent of its waste, and are collected 26.11 with mixed municipal solid waste that is segregated in leakproof 26.12 bags, provided that the mixed municipal solid waste does not 26.13 exceed five percent of the total weight of the materials 26.14 delivered to the facility and is ultimately delivered to a 26.15 facility designated under sections 115A.80 to 115A.893; and 26.16 (iii) waste generated outside of Minnesota; 26.17 (2) "noncompacted cubic yard" means a loose cubic yard of 26.18 assessed waste; 26.19 (3) "nonresidential customer" means: 26.20 (i) an owner or operator of a business, including a home 26.21 operated business, industry, church, nursing home, nonprofit 26.22 organization, school, or any other commercial or institutional 26.23 enterprise; 26.24 (ii) an owner of a building or site containing multiple 26.25 residences, including a townhome or manufactured home park, 26.26 where no resident has separate trash pickup, and no resident is 26.27 separately assessed for such service; and 26.28 (iii) any other generator of assessed waste that is not a 26.29 residential customer as defined in clause (6); 26.30 (4) "periodic waste collection" means each time a waste 26.31 container is emptied by the person that collects the assessed 26.32 waste; 26.33 (5) "person that collects assessed waste" means each person 26.34 that is required to pay sales tax on solid waste collection 26.35 services under section 297A.45, or would pay sales tax under 26.36 that section if the assessed waste was mixed municipal solid 27.1 waste; and 27.2 (6) "residential customer" means: 27.3 (i) a detached single family residence that generates only 27.4 household mixed municipal solid waste; and 27.5 (ii) a person residing in a building or at a site 27.6 containing multiple residences, including a townhome or a 27.7 manufactured home park, where each resident either (A) is 27.8 separately assessed for waste collection or (B) has separate 27.9 waste collection for each resident, even if the resident pays to 27.10 the owner or an association a monthly maintenance fee which 27.11 includes the expense of waste collection, and the owner or 27.12 association pays the waste collector for waste collection in one 27.13 lump sum. 27.14 (b) A person that collects assessed waste shall collect and 27.15 remit to the commissioner of revenue a solid waste generator 27.16 assessment from each of the person's customers as provided in 27.17 paragraphs (c) and (d). A waste management facility that 27.18 accepts assessed waste shall collect and remit to the 27.19 commissioner of revenue the solid waste assessment as provided 27.20 in paragraph (e). 27.21 (c) Except as provided in paragraph (f), the amount of the 27.22 assessment for each residential customer is $2 per year. Each 27.23 person that collects assessed waste shall collect the assessment 27.24 annually from each residential customer that is receiving mixed 27.25 municipal solid waste collection service on July 1 of each year 27.26 and shall remit the amount actually collected along with the 27.27 person's first remittance of the sales tax on solid waste 27.28 collection services, described in section 297A.45, made after 27.29 October 1 of each year. For buildings or sites that contain 27.30 multiple residences that are not separately billed for 27.31 collection services, the person who collects assessed waste 27.32 shall collect the assessment for all the residences from the 27.33 person who is billed for the collection service. Any amount of 27.34 the assessment that is received by the person that collects 27.35 assessed waste after October 1 of each year must be remitted 27.36 along with the person's next remittance of sales tax after 28.1 receipt of the assessment. 28.2 (d)(1) Except as provided in clause (2), the amount of the 28.3 assessment for each nonresidential customer is 60 cents per 28.4 noncompacted cubic yard of periodic waste collection capacity 28.5 purchased by the customer, based on the size of the container 28.6 for the assessed waste. For a residential customer that 28.7 generates assessed waste that is not mixed municipal solid 28.8 waste, the amount of the assessment is 60 cents per noncompacted 28.9 cubic yard of collection capacity purchased for the waste that 28.10 is not mixed municipal solid waste, based on the size of the 28.11 container for the waste. If the capacity purchased is for 28.12 compacted cubic yards of mixed municipal solid waste, the 28.13 noncompacted capacity purchased is based on the compaction ratio 28.14 of 3:1. The commissioner of revenue, after consultation with 28.15 the commissioner of the pollution control agency, shall 28.16 determine, and may publish by notice, compaction rates for other 28.17 types of waste where they exist and conversion schedules for 28.18 waste that is managed by measurements other than cubic yards. 28.19 Each person that collects assessed waste shall collect the 28.20 assessment from each nonresidential customer as part of each 28.21 statement for payment of waste collection charges and shall 28.22 remit the amount actually collected along with the next 28.23 remittance of sales tax after receipt of the assessment. 28.24 (2) The assessment for nonresidential customers for the 28.25 mixed municipal solid waste that is collected with 28.26 source-separated recyclable materials as described in paragraph 28.27 (a), clause (1), item (ii), is three-tenths of a cent per 28.28 gallon. The customer must pay by purchasing specific collection 28.29 bags or stickers that include the cost of the collection service 28.30 and assessment. 28.31 (e) A person who transports assessed waste generated by 28.32 that person or by another person without compensation shall pay 28.33 an assessment of 60 cents per noncompacted cubic yard or the 28.34 equivalent to the operator of the waste management facility to 28.35 which the waste is delivered. The operator shall remit the 28.36 assessments actually collected under this paragraph to the 29.1 commissioner of revenue. This subdivision does not apply to a 29.2 person who transports industrial waste generated by that person 29.3 to a facility owned and operated by that person. 29.4 (f) The amount of the assessment for each residential 29.5 customer that is subject to a mixed municipal solid waste 29.6 collection service for which the customer pays, based on the 29.7 volume of waste collected, by purchasing specific collection 29.8 bags or stickers from the waste collector, municipality, or 29.9 other vendor is either: 29.10 (1) determined by a method developed by the waste collector 29.11 or municipality and approved by the commissioner of revenue, 29.12 which yields the equivalent of approximately a $2 annual 29.13 assessment per household; or 29.14 (2) three cents per each 35 gallon unit or less. If the 29.15 per unit fee method under this clause is used, it is the 29.16 responsibility of the waste collector or the municipality who is 29.17 selling the bags or stickers to remit the amount of the 29.18 assessment to the department of revenue, according to a payment 29.19 schedule provided by the commissioner of revenue. The 29.20 collection service and assessment under this clause shall be 29.21 included in the price of the bag or sticker. 29.22 (g) The commissioner of revenue shall redesign sales tax 29.23 forms for persons that collect assessed waste to accommodate 29.24 payment of the assessment. The amounts remitted under this 29.25 subdivision must be deposited in the state treasury and credited 29.26 to the solid waste fund established in section 115B.42. 29.27 (h) For persons that collect assessed waste and operators 29.28 of waste management facilities who are required to collect the 29.29 solid waste generator assessments under this subdivision, and 29.30 persons who are required to remit the assessment under paragraph 29.31 (f), and who do not collect and remit the sales tax on solid 29.32 waste collection services under section 297A.45, the 29.33 commissioner of revenue shall determine when and in what manner 29.34 the persons and operators must remit the assessment amounts 29.35 actually collected. 29.36 (i) For the purposes of this subdivision, the requirement 30.1 to "collect" the solid waste generator assessment under 30.2 paragraph (b) means that the person to whom the requirement 30.3 applies shall: 30.4 (i) include the amount of the assessment in the appropriate 30.5 statement of charges for waste collection services and in any 30.6 action to enforce payment on delinquent accounts; 30.7 (ii) accurately account for assessments received; 30.8 (iii) indicate to generators that payment of the assessment 30.9 by the waste generator is required by law and inform generators, 30.10 using information supplied by the commissioner of the agency, of 30.11 the purposes for which revenue from the assessment will be 30.12 spent; and 30.13 (iv) cooperate fully with the commissioner of revenue to 30.14 identify generators of assessed waste who fail to remit payment 30.15 of the assessment. 30.16 (j) The audit, penalty, enforcement, and administrative 30.17 provisions applicable to taxes imposed under chapter 297A apply 30.18 to the assessments imposed under this subdivision. 30.19 (k) If less than $25,000,000 is projected to be available 30.20 for new encumbrances in any fiscal year after fiscal year 1996 30.21 from all existing dedicated revenue sources for landfill cleanup 30.22 and reimbursement costs under sections 115B.39 to115B.4630.23 115B.445, by April 1 before the next fiscal year in which the 30.24 shortfall is projected the commissioner of the agency shall 30.25 certify to the commissioner of revenue the amount of the 30.26 shortfall. To provide for the shortfall, the commissioner of 30.27 revenue shall increase the assessment under paragraphs (d) and 30.28 (e) by an amount sufficient to generate revenue equal to the 30.29 amount of the shortfall effective the following July 1 and shall 30.30 provide notice of the increased assessment by May 1 following 30.31 certification to persons who are required to collect and remit 30.32 the solid waste generator assessments under this subdivision. 30.33 Sec. 39. Minnesota Statutes 1996, section 116C.91, 30.34 subdivision 1, is amended to read: 30.35 Subdivision 1. [SCOPE.] As used in sections 116C.91 to 30.36116C.98116C.97, the terms defined in this section have the 31.1 meanings given them. 31.2 Sec. 40. Minnesota Statutes 1996, section 116J.75, 31.3 subdivision 1, is amended to read: 31.4 Subdivision 1. [APPOINTMENT OF DIRECTOR.] The head of the 31.5 bureau shall be the director of business licenses. The director 31.6 shall be appointed by the commissioner in accordance with 31.7 section216C.23116J.01, and shall be in the classified service. 31.8 Sec. 41. [REPEALER; SECTION 116J.975.] 31.9 Minnesota Statutes 1996, section 116J.975, is repealed. 31.10 Sec. 42. [REPEALER; SECTION 118.01, SUBDIVISION 1, NOTE.] 31.11 Laws 1996, chapter 414, article 1, section 30, is repealed. 31.12 Sec. 43. Minnesota Statutes 1996, section 119A.04, 31.13 subdivision 5, is amended to read: 31.14 Subd. 5. [DEPARTMENT OF PUBLIC SAFETY.] The powers and 31.15 duties with respect to the following program is transferred to 31.16 the department of children, families, and learning under section 31.17 15.039: drug policy and violence prevention and the community 31.18 advisory violence prevention councils under sections 119A.25 to 31.19119A.35119A.33 and119A.36119A.34. 31.20 Sec. 44. Minnesota Statutes 1996, section 120.062, 31.21 subdivision 12, is amended to read: 31.22 Subd. 12. [GENERAL EDUCATION AID.] Adjustments to general 31.23 education aid, capital expenditure facilities aid, and equipment31.24aidfor the resident and nonresident districts shall be made 31.25 according tosectionssection 124A.036, subdivision 5, and31.26124.245, subdivision 6, respectively. 31.27 Sec. 45. Minnesota Statutes 1996, section 120.075, 31.28 subdivision 5, is amended to read: 31.29 Subd. 5. General education aid, capital expenditure31.30facilities aid, capital expenditure equipment aid,and 31.31 transportation aid attributable to pupils covered by programs 31.32 under this section must be paid according to sections 124A.036, 31.33 subdivision 5,124.245, subdivision 6,and 124.225, subdivision 31.34 8l. 31.35 Sec. 46. Minnesota Statutes 1996, section 120.0751, 31.36 subdivision 6, is amended to read: 32.1 Subd. 6. [AID.] General education aid, capital expenditure32.2facilities aid, capital expenditure equipment aid,and 32.3 transportation aid for pupils covered by programs under this 32.4 section must be paid according to sections 124A.036, subdivision 32.5 5,124.245, subdivision 6,and 124.225, subdivision 8l. 32.6 Sec. 47. Minnesota Statutes 1996, section 120.0752, 32.7 subdivision 4, is amended to read: 32.8 Subd. 4. General education aid, capital expenditure32.9facilities aid, capital expenditure equipment aid,and 32.10 transportation aid for pupils covered by programs under this 32.11 section must be paid according to sections 124A.036, subdivision 32.12 5,124.245, subdivision 6,and 124.225, subdivision 8l. 32.13 Sec. 48. Minnesota Statutes 1996, section 121.15, 32.14 subdivision 1, is amended to read: 32.15 Subdivision 1. [CONSULTATION.] A school district shall 32.16 consult with the commissioner of children, families, and 32.17 learning before developing any plans and specifications to 32.18 construct, remodel, or improve the building or site of an 32.19 educational facility for which the estimated cost exceeds 32.20 $100,000. This consultation shall occur before a referendum for 32.21 bonds, solicitation for bids, or use of capital expenditure 32.22 facilities revenue according to section124.243124A.22, 32.23 subdivision611, clause (2). The commissioner may require the 32.24 district to participate in a management assistance plan before 32.25 conducting a review and comment on the project. 32.26 Sec. 49. Minnesota Statutes 1996, section 121.912, 32.27 subdivision 1, is amended to read: 32.28 Subdivision 1. [LIMITATIONS.] Except as provided in this 32.29 subdivision, sections 121.9121, 123.36,124.243,475.61, and 32.30 475.65, a school district may not permanently transfer money 32.31 from (1) an operating fund to a nonoperating fund; (2) a 32.32 nonoperating fund to another nonoperating fund; or (3) a 32.33 nonoperating fund to an operating fund. Permanent transfers may 32.34 be made from any fund to any other fund to correct for prior 32.35 fiscal years' errors discovered after the books have been closed 32.36 for that year. Permanent transfers may be made from the general 33.1 fund to any other operating funds according to section 123.7045 33.2 or if the resources of the other fund are not adequate to 33.3 finance approved expenditures from that other fund. Permanent 33.4 transfers may also be made from the general fund to eliminate 33.5 deficits in another fund when that other fund is being 33.6 discontinued. When a district discontinues operation of a 33.7 district-owned bus fleet or a substantial portion of a fleet, 33.8 the balance shall cancel to the district's general fund. 33.9 Sec. 50. Minnesota Statutes 1996, section 124.155, 33.10 subdivision 2, is amended to read: 33.11 Subd. 2. [ADJUSTMENT TO AIDS.] (a) The amount specified in 33.12 subdivision 1 shall be used to adjust the following state aids 33.13 and credits in the order listed: 33.14 (1) general education aid authorized insectionssection 33.15 124A.23and 124B.20; 33.16 (2) secondary vocational aid authorized in section 124.573; 33.17 (3) special education aid authorized in sections 33.18 124.32,and 124.3201, and 124.3202; 33.19 (4) secondary vocational aid for children with a disability 33.20 authorized in section 124.574; 33.21 (5) aid for pupils of limited English proficiency 33.22 authorized in section 124.273; 33.23 (6) transportation aid authorized in section 124.225; 33.24 (7) community education programs aid authorized in section 33.25 124.2713; 33.26 (8) adult education aid authorized in section 124.26; 33.27 (9) early childhood family education aid authorized in 33.28 section 124.2711; 33.29 (10) capital expenditure aid authorized insections33.30124.243, 124.244, andsection 124.83; 33.31 (11) school district cooperation aid authorized in section 33.32 124.2727; 33.33 (12) assurance of mastery aid according to section 124.311; 33.34 (13) homestead and agricultural credit aid, disparity 33.35 credit and aid, and changes to credits for prior year 33.36 adjustments according to section 273.1398, subdivisions 2, 3, 4, 34.1 and 7; 34.2 (14) attached machinery aid authorized in section 273.138, 34.3 subdivision 3; 34.4 (15) alternative delivery aid authorized in section 34.5 124.322; 34.6 (16) special education equalization aid authorized in 34.7 section 124.321; 34.8 (17) special education excess cost aid authorized in 34.9 section 124.323; 34.10 (18) learning readiness aid authorized in section 124.2615; 34.11 and 34.12 (19) cooperation-combination aid authorized in section 34.13 124.2725. 34.14 (b) The commissioner of children, families, and learning 34.15 shall schedule the timing of the adjustments to state aids and 34.16 credits specified in subdivision 1, as close to the end of the 34.17 fiscal year as possible. 34.18 Sec. 51. [REPEALER; SECTION 124.2442.] 34.19 Minnesota Statutes 1996, section 124.2442, is repealed. 34.20 Sec. 52. [REPEALER; SECTION 124.245.] 34.21 Minnesota Statutes 1996, section 124.245, is repealed. 34.22 Sec. 53. Minnesota Statutes 1996, section 124.248, 34.23 subdivision 3, is amended to read: 34.24 Subd. 3. [SPECIAL EDUCATION AND LIMITED ENGLISH 34.25 PROFICIENCY AID.] Special education aid shall be paid to a 34.26 charter school according tosectionssection 124.3201and34.27124.3202, as though it were a school district. The charter 34.28 school may charge tuition to the district of residence as 34.29 provided in section 120.17, subdivision 4. Limited English 34.30 proficiency programs aid shall be paid to a charter school 34.31 according to section 124.273 as though it were a school 34.32 district. The charter school shall allocate its special 34.33 education levy equalization revenue to the resident districts of 34.34 the pupils attending the charter school. The districts of 34.35 residence shall levy as though they were participating in a 34.36 cooperative, as provided in section 124.321, subdivision 3. 35.1 Sec. 54. Minnesota Statutes 1996, section 124.2725, 35.2 subdivision 11, is amended to read: 35.3 Subd. 11. [USE OF REVENUE.] Revenue under this section 35.4 shall be used for expenses of cooperating and combining school 35.5 districts, including, but not limited to: 35.6 (1) secondary course offerings in communications, 35.7 mathematics, science, social studies, foreign languages, 35.8 physical education, health, and career education if the courses 35.9 have specific learner outcomes; 35.10 (2) participation by teachers in determining the learner 35.11 outcomes; 35.12 (3) staff in-service related to cooperation and 35.13 combination; 35.14 (4) any of the purposes set forth insections 124.24335.15 section 124A.22, subdivision611, clauses (3), 35.16 (4),and(15),and 124.244, subdivision 4, clauses (2), (3),35.17(4), (5), and (6)(18), (19), (20), (21), and (22), if the 35.18 purposes are related to courses offered cooperatively; and 35.19 (5) incentives for superintendents, principals, teachers, 35.20 and other licensed and nonlicensed employees, such as early 35.21 retirement, severance pay, and health insurance benefits. 35.22 Sec. 55. Minnesota Statutes 1996, section 124.3201, 35.23 subdivision 1, is amended to read: 35.24 Subdivision 1. [DEFINITIONS.] For the purposes of this 35.25 section andsections 124.3202 andsection 124.321, the 35.26 definitions in this subdivision apply. 35.27 (a) "Base year" for fiscal year 1996 and fiscal year 1997 35.28 means the 1994 summer program and the 1994-1995 school year. 35.29 Base year for later fiscal years means the second fiscal year 35.30 preceding the fiscal year for which aid will be paid. 35.31 (b) "Basic revenue" has the meaning given it in section 35.32 124A.22, subdivision 2. For the purposes of computing basic 35.33 revenue pursuant to this section, each child with a disability 35.34 shall be counted as prescribed in section 124.17, subdivision 1. 35.35 (c) "Essential personnel" means teachers, related services, 35.36 and support services staff providing direct services to students. 36.1 (d) "Average daily membership" has the meaning given it in 36.2 section 124.17. 36.3 (e) "Program growth factor" means 1.00 for fiscal year 1998 36.4 and later. 36.5 (f) "Aid percentage factor" means 60 percent for fiscal 36.6 year 1996, 70 percent for fiscal year 1997, 80 percent for 36.7 fiscal year 1998, 90 percent for fiscal year 1999, and 100 36.8 percent for fiscal years 2000 and later. 36.9 (g) "Levy percentage factor" means 100 minus the aid 36.10 percentage factor for that year. 36.11 Sec. 56. Minnesota Statutes 1996, section 124.3201, 36.12 subdivision 2b, is amended to read: 36.13 Subd. 2b. [SPECIAL EDUCATION COURT PLACEMENT REVENUE.] For 36.14 fiscal year 1996 and later, a district's special education court 36.15 placement revenue is equal to 50 percent of the difference 36.16 between expenditures for teachers' salaries, contracted 36.17 services, supplies, and equipment eligible for revenues under 36.18sectionssection 124.3201and 124.3202, in the base year and 36.19 actual expenditures for pupils with disabilities who receive 36.20 services pursuant to a court order. 36.21 Sec. 57. [REPEALER; SECTION 124.3202.] 36.22 Minnesota Statutes 1996, section 124.3202, is repealed. 36.23 Sec. 58. Minnesota Statutes 1996, section 124.321, 36.24 subdivision 1, is amended to read: 36.25 Subdivision 1. [LEVY EQUALIZATION REVENUE.] (a) For fiscal 36.26 years 1996 and later, special education levy equalization 36.27 revenue for a school district, excluding an intermediate school 36.28 district, equals the sum of the following amounts: 36.29 (1) the levy percentage factor for that year times the 36.30 district's special education revenue under section 124.3201; 36.31 plus 36.32 (2)the levy percentage factor for that year times the36.33district's special education summer program revenue under36.34section 124.3202; plus36.35(3)the levy percentage factor for that year times the 36.36 district's special education excess cost revenue under section 37.1 124.323; plus 37.2(4)(3) the levy percentage factor for that year times the 37.3 district's secondary vocational education for children with a 37.4 disability revenue under section 124.574; plus 37.5(5)(4) the levy percentage factor for that year times the 37.6 district's limited English proficiency programs revenue under 37.7 section 124.273. 37.8 Sec. 59. Minnesota Statutes 1996, section 124.321, 37.9 subdivision 2, is amended to read: 37.10 Subd. 2. [REVENUE ALLOCATION FROM STATE ACADEMIES.] (a) 37.11 For purposes of this section, the Minnesota state academy for 37.12 the deaf or the Minnesota state academy for the blind each year 37.13 shall allocate an amount equal to the levy percentage factor for 37.14 that year times their special education revenue under section 37.15 124.3201and their special education summer program revenue37.16under section 124.3202for the year to each school district that 37.17 assigns a child with an individual education plan requiring an 37.18 instructional aide to attend either academy. The school 37.19 districts that assign a child who requires an instructional aide 37.20 may make a levy in the amount of the costs allocated to them by 37.21 either academy. 37.22 (b) When the Minnesota state academy for the deaf or the 37.23 Minnesota state academy for the blind allocates revenue among 37.24 school districts that assign a child who requires an 37.25 instructional aide, for purposes of the districts making a levy 37.26 under this subdivision, the academy shall provide information to 37.27 the department of children, families, and learning on the amount 37.28 of revenue it allocated to the school districts that assign a 37.29 child who requires an instructional aide. 37.30 Sec. 60. Minnesota Statutes 1996, section 124.322, 37.31 subdivision 1a, is amended to read: 37.32 Subd. 1a. [BASE REVENUE ADJUSTMENT.] For the third fiscal 37.33 year after approval of a district's application, and thereafter, 37.34 the special education base revenue under section 124.3201, 37.35 subdivision 1,and the summer program base revenue under section37.36124.3202, subdivision 1,shall be computed based on activities 38.1 defined as reimbursable under state board rules for special 38.2 education and nonspecial education students, and additional 38.3 activities as detailed and approved by the commissioner of 38.4 children, families, and learning. 38.5 Sec. 61. Minnesota Statutes 1996, section 124.322, 38.6 subdivision 5, is amended to read: 38.7 Subd. 5. [USE OF REVENUE.] Revenue undersectionssection 38.8 124.3201and 124.3202shall be used to implement the approved 38.9 program. 38.10 Sec. 62. Minnesota Statutes 1996, section 124.323, 38.11 subdivision 1, is amended to read: 38.12 Subdivision 1. [DEFINITIONS.] In this section, the 38.13 definitions in this subdivision apply. 38.14 (a) "Unreimbursed special education cost" means the sum of 38.15 the following: 38.16 (1) expenditures for teachers' salaries, contracted 38.17 services, supplies, and equipment eligible for revenue under 38.18sectionssection 124.3201and 124.3202; plus 38.19 (2) expenditures for tuition bills received under section 38.20 120.17 for services eligible for revenue under sections 38.21 124.3201, subdivision 2, and 124.3202, subdivision 1; minus 38.22 (3) revenue for teachers' salaries, contracted services, 38.23 supplies, and equipment under sections 124.3201 and 124.3202; 38.24 minus 38.25 (4) tuition receipts under section 120.17 for services 38.26 eligible for revenue under sections 124.3201, subdivision 2, and 38.27 124.3202, subdivision 1. 38.28 (b) "General revenue," for fiscal year 1996, means the sum 38.29 of the general education revenue according to section 124A.22, 38.30 subdivision 1, as adjusted according to section 124A.036, 38.31 subdivision 5, plus the total referendum revenue according to 38.32 section 124A.03, subdivision 1e. For fiscal years 1997 and 38.33 later, "general revenue" means the sum of the general education 38.34 revenue according to section 124A.22, subdivision 1, as adjusted 38.35 according to section 124A.036, subdivision 5, plus the total 38.36 referendum revenue minus transportation sparsity revenue minus 39.1 total operating capital revenue. 39.2 Sec. 63. Minnesota Statutes 1996, section 124.574, 39.3 subdivision 7, is amended to read: 39.4 Subd. 7. A district shall not receive aid pursuant to 39.5 section 124.3201,124.3202,124.321, or 124.573 for salaries, 39.6 supplies, travel or equipment for which the district receives 39.7 aid pursuant to this section. 39.8 Sec. 64. Minnesota Statutes 1996, section 124.91, 39.9 subdivision 1, is amended to read: 39.10 Subdivision 1. [TO LEASE BUILDING OR LAND.] When a 39.11 district finds it economically advantageous to rent or lease a 39.12 building or land for any instructional purposes or for school 39.13 storage or furniture repair, and it determines that the capital 39.14 expenditure facilities revenues authorized undersections39.15124.243 andsection 124A.22, subdivision 10, are insufficient 39.16 for this purpose, it may apply to the commissioner for 39.17 permission to make an additional capital expenditure levy for 39.18 this purpose. An application for permission to levy under this 39.19 subdivision must contain financial justification for the 39.20 proposed levy, the terms and conditions of the proposed lease, 39.21 and a description of the space to be leased and its proposed 39.22 use. The criteria for approval of applications to levy under 39.23 this subdivision must include: the reasonableness of the price, 39.24 the appropriateness of the space to the proposed activity, the 39.25 feasibility of transporting pupils to the leased building or 39.26 land, conformity of the lease to the laws and rules of the state 39.27 of Minnesota, and the appropriateness of the proposed lease to 39.28 the space needs and the financial condition of the district. 39.29 The commissioner must not authorize a levy under this 39.30 subdivision in an amount greater than the cost to the district 39.31 of renting or leasing a building or land for approved purposes. 39.32 The proceeds of this levy must not be used for custodial or 39.33 other maintenance services. A district may not levy under this 39.34 subdivision for the purpose of leasing or renting a 39.35 district-owned building to itself. 39.36 Sec. 65. Minnesota Statutes 1996, section 124.918, 40.1 subdivision 8, is amended to read: 40.2 Subd. 8. [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1) 40.3 Reductions in levies pursuant to section 124.918, subdivision 1, 40.4 and section 273.138, shall be made prior to the reductions in 40.5 clause (2). 40.6 (2) Notwithstanding any other law to the contrary, 40.7 districts which received payments pursuant to sections 298.018; 40.8 298.23 to 298.28, except an amount distributed under section 40.9 298.28, subdivision 4, paragraph (c), clause (ii); 298.34 to 40.10 298.39; 298.391 to 298.396; 298.405; and any law imposing a tax 40.11 upon severed mineral values, or recognized revenue pursuant to 40.12 section 477A.15; shall not include a portion of these aids in 40.13 their permissible levies pursuant to those sections, but instead 40.14 shall reduce the permissible levies authorized by this chapter 40.15 and chapter 124A by the greater of the following: 40.16 (a) an amount equal to 50 percent of the total dollar 40.17 amount of the payments received pursuant to those sections or 40.18 revenue recognized pursuant to section 477A.15 in the previous 40.19 fiscal year; or 40.20 (b) an amount equal to the total dollar amount of the 40.21 payments received pursuant to those sections or revenue 40.22 recognized pursuant to section 477A.15 in the previous fiscal 40.23 year less the product of the same dollar amount of payments or 40.24 revenue times the ratio of the maximum levy allowed the district 40.25 under Minnesota Statutes 1986, sections 124A.03, subdivision 2, 40.26 124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10, 40.27 subdivision 3a, 124A.12, subdivision 3a, and 124A.14, 40.28 subdivision 5a, to the total levy allowed the district under 40.29 this section and Minnesota Statutes 1986, sections 124A.03, 40.30 124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10, 40.31 subdivision 3a, 124A.12, subdivision 3a, 124A.14, subdivision 40.32 5a, and 124A.20, subdivision 2, for levies certified in 1986. 40.33 (3) No reduction pursuant to this subdivision shall reduce 40.34 the levy made by the district pursuant to section 124A.23, to an 40.35 amount less than the amount raised by a levy of a net tax rate 40.36 of 6.82 percent times the adjusted net tax capacity for taxes 41.1 payable in 1990 and thereafter of that district for the 41.2 preceding year as determined by the commissioner. The amount of 41.3 any increased levy authorized by referendum pursuant to section 41.4 124A.03, subdivision 2, shall not be reduced pursuant to this 41.5 subdivision. The amount of any levy authorized by section 41.6 124.912, subdivision 1, to make payments for bonds issued and 41.7 for interest thereon, shall not be reduced pursuant to this 41.8 subdivision. 41.9 (4) Before computing the reduction pursuant to this 41.10 subdivision ofthe capital expenditure facilities levy41.11authorized by section 124.243, the capital expenditure equipment41.12levy authorized by section 124.244,the health and safety levy 41.13 authorized by sections 124.83 and 124.91, subdivision 6, the 41.14 commissioner shall ascertain from each affected school district 41.15 the amount it proposes to levy under each section or 41.16 subdivision. The reduction shall be computed on the basis of 41.17 the amount so ascertained. 41.18 (5) Notwithstanding any law to the contrary, any amounts 41.19 received by districts in any fiscal year pursuant to sections 41.20 298.018; 298.23 to 298.28; 298.34 to 298.39; 298.391 to 298.396; 41.21 298.405; or any law imposing a tax on severed mineral values; 41.22 and not deducted from general education aid pursuant to section 41.23 124A.035, subdivision 5, clause (2), and not applied to reduce 41.24 levies pursuant to this subdivision shall be paid by the 41.25 district to the St. Louis county auditor in the following amount 41.26 by March 15 of each year, the amount required to be subtracted 41.27 from the previous fiscal year's general education aid pursuant 41.28 to section 124A.035, subdivision 5, which is in excess of the 41.29 general education aid earned for that fiscal year. The county 41.30 auditor shall deposit any amounts received pursuant to this 41.31 clause in the St. Louis county treasury for purposes of paying 41.32 the taconite homestead credit as provided in section 273.135. 41.33 Sec. 66. Minnesota Statutes 1996, section 124A.036, 41.34 subdivision 5, is amended to read: 41.35 Subd. 5. [ALTERNATIVE ATTENDANCE PROGRAMS.] The general 41.36 education aid for districts must be adjusted for each pupil 42.1 attending a nonresident district under sections 120.062, 42.2 120.075, 120.0751, 120.0752, 124C.45 to 124C.48, and 126.22. 42.3 The adjustments must be made according to this subdivision. 42.4 (a) General education aid paid to a resident district must 42.5 be reduced by an amount equal to the general education revenue 42.6 exclusive of compensatory revenue attributable to the pupil in 42.7 the resident district. 42.8 (b) General education aid paid to a district serving a 42.9 pupil in programs listed in this subdivision shall be increased 42.10 by an amount equal to the general education revenue exclusive of 42.11 compensatory revenue attributable to the pupil in the 42.12 nonresident district. 42.13 (c) If the amount of the reduction to be made from the 42.14 general education aid of the resident district is greater than 42.15 the amount of general education aid otherwise due the district, 42.16 the excess reduction must be made from other state aids due the 42.17 district. 42.18 (d) The district of residence shall pay tuition to a 42.19 district or an area learning center, operated according to 42.20 paragraph (e), providing special instruction and services to a 42.21 pupil with a disability, as defined in section 120.03, or a 42.22 pupil, as defined in section 120.181, who is enrolled in a 42.23 program listed in this subdivision. The tuition shall be equal 42.24 to (1) the actual cost of providing special instruction and 42.25 services to the pupil, including a proportionate amount for debt 42.26 service and for capital expenditure facilities and equipment, 42.27 and debt service but not including any amount for 42.28 transportation, minus (2) the amount of general education aid,42.29the amount of capital expenditure facilities aid and capital42.30expenditure equipment aid received under section 124.245,42.31subdivision 6,and special education aid, attributable to that 42.32 pupil, that is received by the district providing special 42.33 instruction and services. 42.34 (e) An area learning center operated by a service 42.35 cooperative, intermediate district, education district, or a 42.36 joint powers cooperative may elect through the action of the 43.1 constituent boards to charge tuition for pupils rather than to 43.2 calculate general education aid adjustments under paragraph (a), 43.3 (b), or (c). The tuition must be equal to the greater of the 43.4 average general education revenue per pupil unit attributable to 43.5 the pupil, or the actual cost of providing the instruction, 43.6 excluding transportation costs, if the pupil meets the 43.7 requirements of section 120.03 or 120.181. 43.8 Sec. 67. Minnesota Statutes 1996, section 124A.225, 43.9 subdivision 2, is amended to read: 43.10 Subd. 2. [INSTRUCTOR DEFINED.] Primary instructor means a 43.11 public employee licensed by the board of teaching whose duties 43.12 are full-time instruction, excluding a teacher for whom 43.13 categorical aids are received pursuant to sections 124.3201,43.14124.3202,and 124.321. Except as provided in section 125.230, 43.15 subdivision 6, instructor does not include supervisory and 43.16 support personnel, except school social workers as defined in 43.17 section 125.03. An instructor whose duties are less than 43.18 full-time instruction must be included as an equivalent only for 43.19 the number of hours of instruction in grades kindergarten 43.20 through 6. 43.21 Sec. 68. Minnesota Statutes 1996, section 124A.26, 43.22 subdivision 1, is amended to read: 43.23 Subdivision 1. [REVENUE REDUCTION.] A district's general 43.24 education revenue for a school year shall be reduced if the 43.25 estimated net unappropriated operating fund balance as of June 43.26 30 in the prior school year exceeds 25 percent of the formula 43.27 allowance for the current fiscal year times the fund balance 43.28 pupil units in the prior year. For purposes of this subdivision 43.29and section 124.243, subdivision 2, fund balance pupil units 43.30 means the number of resident pupil units in average daily 43.31 membership, including shared time pupils, according to section 43.32 124A.02, subdivision 20, plus 43.33 (1) pupils attending the district for which general 43.34 education aid adjustments are made according to section 43.35 124A.036, subdivision 5; minus 43.36 (2) the sum of the resident pupils attending other 44.1 districts for which general education aid adjustments are made 44.2 according to section 124A.036, subdivision 5, plus pupils for 44.3 whom payment is made according to section 126.22, subdivision 8, 44.4 or 126.23. The amount of the reduction shall equal the lesser 44.5 of: 44.6 (1) the amount of the excess, or 44.7 (2) $250 times the actual pupil units for the school year. 44.8 The final adjustment payments made under section 124.195, 44.9 subdivision 6, must be adjusted to reflect actual net operating 44.10 fund balances as of June 30 of the prior school year. 44.11 Sec. 69. Minnesota Statutes 1996, section 124C.60, 44.12 subdivision 1, is amended to read: 44.13 Subdivision 1. [ELIGIBILITY.] Two or more districts that 44.14 have consolidated under section 122.23 or combined under 44.15 sections 122.241 to 122.248, are eligible for a capital 44.16 facilities grant of up to $200,000 for fiscal year 1995 and 44.17 $100,000 thereafter under this section. To qualify the 44.18 following criteria must be met: 44.19 (1) the proposed facility changes are part of the plan 44.20 according to section 122.242, subdivision 10, or the plan44.21adopted by the reorganized district according to section44.22124.243, subdivision 1; 44.23 (2) the changes proposed to a facility must be needed to 44.24 accommodate changes in the educational program due to the 44.25 reorganization; 44.26 (3) the utilization of the facility for educational 44.27 programs is at least 85 percent of capacity; and 44.28 (4) the grant will be used only to remodel or improve 44.29 existing facilities. 44.30 Sec. 70. Minnesota Statutes 1996, section 124C.60, 44.31 subdivision 3, is amended to read: 44.32 Subd. 3. [USE OF GRANT MONEY.] The grant money may be used 44.33 for any capital expenditures specified in section124.24344.34 124A.22, subdivision611, clauses (4), (6), (7), (8), (9), and 44.35 (10). 44.36 Sec. 71. Minnesota Statutes 1996, section 126.22, 45.1 subdivision 7, is amended to read: 45.2 Subd. 7. [AID ADJUSTMENTS.] General education aid, capital45.3expenditure aid,and transportation aid attributable to a pupil 45.4 covered by programs under this section must be paid according to 45.5 sections 124A.036, subdivision 5,124.245, subdivision 6,and 45.6 124.225, subdivision 8l, respectively. 45.7 Sec. 72. Minnesota Statutes 1996, section 126.51, 45.8 subdivision 1, is amended to read: 45.9 Subdivision 1. [PARENT COMMITTEE.] School boards and 45.10 American Indian schools shall provide for the maximum 45.11 involvement of parents of children enrolled in education 45.12 programs, including language and culture education programs, 45.13 programs for elementary and secondary grades, special education 45.14 programs, and support services. Accordingly, the school board 45.15 of a school district in which there are ten or more American 45.16 Indian children enrolled and each American Indian school shall 45.17 establish a parent committee. If a committee whose membership 45.18 consists of a majority of parents of American Indian children 45.19 has been or is established according to federal, tribal, or 45.20 other state law, that committee may serve as the committee 45.21 required by this section and shall be subject to, at least, the 45.22 requirements of this subdivision and subdivision 1a. 45.23 The parent committee shall develop its recommendations in 45.24 consultation with the curriculum advisory committee required by 45.25 section126.666123.972, subdivision23. This committee shall 45.26 afford parents the necessary information and the opportunity 45.27 effectively to express their views concerning all aspects of 45.28 American Indian education and the educational needs of the 45.29 American Indian children enrolled in the school or program. The 45.30 committee shall also address the need for adult education 45.31 programs for American Indian people in the community. The 45.32 school board or American Indian school shall ensure that 45.33 programs are planned, operated, and evaluated with the 45.34 involvement of and in consultation with parents of children 45.35 served by the programs. 45.36 Sec. 73. Minnesota Statutes 1996, section 126.72, 46.1 subdivision 2, is amended to read: 46.2 Subd. 2. [PURPOSE.] The school board shall determine the 46.3 needs of its classroom teachers and the need for changes in its 46.4 curriculum. In determining these needs, the school board shall 46.5 obtain recommendations from classroom teachers, staff 46.6 responsible for curriculum, and the curriculum advisory 46.7 committee. It shall consider assessment results, other test 46.8 results, the need for mentor teachers, and the district 46.9 improvement plan portion of the report adopted according to 46.10 section126.666123.972, subdivision45. Contracts executed 46.11 under this section shall relate directly to the identified needs. 46.12 Sec. 74. [REVISOR'S INSTRUCTION; SECTIONS 136A.172 to 46.13 136A.178.] 46.14 The revisor shall change the citation from section 136A.179 46.15 to section 136A.178 in the following sections of Minnesota 46.16 Statutes: 136A.172; 136A.173; 136A.174; 136A.175; 136A.176; 46.17 136A.177; and 136A.178. 46.18 Sec. 75. Minnesota Statutes 1996, section 136D.94, is 46.19 amended to read: 46.20 136D.94 [REFUNDING BONDS.] 46.21 Sections 136D.281, subdivision 8, 136D.741, subdivision 8, 46.22 and136D.87136D.88, subdivision 8, do not apply to bonds issued 46.23 solely for refunding purposes. 46.24 Sec. 76. [REPEALER; SECTION 144A.61, SUBDIVISION 6 NOTE.] 46.25 Laws 1989, chapter 282, article 3, section 28, is repealed. 46.26 Sec. 77. Minnesota Statutes 1996, section 147A.13, 46.27 subdivision 1, is amended to read: 46.28 Subdivision 1. [GROUNDS LISTED.] The board may refuse to 46.29 grant registration or may impose disciplinary action as 46.30 described in this subdivision against any physician assistant. 46.31 The following conduct is prohibited and is grounds for 46.32 disciplinary action: 46.33 (1) failure to demonstrate the qualifications or satisfy 46.34 the requirements for registration contained in this chapter or 46.35 rules of the board. The burden of proof shall be upon the 46.36 applicant to demonstrate such qualifications or satisfaction of 47.1 such requirements; 47.2 (2) obtaining registration by fraud or cheating, or 47.3 attempting to subvert the examination process. Conduct which 47.4 subverts or attempts to subvert the examination process 47.5 includes, but is not limited to: 47.6 (i) conduct which violates the security of the examination 47.7 materials, such as removing examination materials from the 47.8 examination room or having unauthorized possession of any 47.9 portion of a future, current, or previously administered 47.10 licensing examination; 47.11 (ii) conduct which violates the standard of test 47.12 administration, such as communicating with another examinee 47.13 during administration of the examination, copying another 47.14 examinee's answers, permitting another examinee to copy one's 47.15 answers, or possessing unauthorized materials; and 47.16 (iii) impersonating an examinee or permitting an 47.17 impersonator to take the examination on one's own behalf; 47.18 (3) conviction, during the previous five years, of a felony 47.19 reasonably related to the practice of physician assistant. 47.20 Conviction as used in this subdivision includes a conviction of 47.21 an offense which if committed in this state would be deemed a 47.22 felony without regard to its designation elsewhere, or a 47.23 criminal proceeding where a finding or verdict of guilt is made 47.24 or returned but the adjudication of guilt is either withheld or 47.25 not entered; 47.26 (4) revocation, suspension, restriction, limitation, or 47.27 other disciplinary action against the person's physician 47.28 assistant credentials in another state or jurisdiction, failure 47.29 to report to the board that charges regarding the person's 47.30 credentials have been brought in another state or jurisdiction, 47.31 or having been refused registration by any other state or 47.32 jurisdiction; 47.33 (5) advertising which is false or misleading, violates any 47.34 rule of the board, or claims without substantiation the positive 47.35 cure of any disease or professional superiority to or greater 47.36 skill than that possessed by another physician assistant; 48.1 (6) violating a rule adopted by the board or an order of 48.2 the board, a state, or federal law which relates to the practice 48.3 of a physician assistant, or in part regulates the practice of a 48.4 physician assistant, including without limitation sections 48.5 148A.02, 609.344, and 609.345, or a state or federal narcotics 48.6 or controlled substance law; 48.7 (7) engaging in any unethical conduct; conduct likely to 48.8 deceive, defraud, or harm the public, or demonstrating a willful 48.9 or careless disregard for the health, welfare, or safety of a 48.10 patient; or practice which is professionally incompetent, in 48.11 that it may create unnecessary danger to any patient's life, 48.12 health, or safety, in any of which cases, proof of actual injury 48.13 need not be established; 48.14 (8) failure to adhere to the provisions of the 48.15 physician-physician assistant agreement; 48.16 (9) engaging in the practice of medicine beyond that 48.17 allowed by the physician-physician assistant agreement, 48.18 including the delegation form or the addendum to the delegation 48.19 form, or aiding or abetting an unlicensed person in the practice 48.20 of medicine; 48.21 (10) adjudication as mentally incompetent, mentally ill or 48.22 mentally retarded, or as a chemically dependent person, a person 48.23 dangerous to the public, a sexually dangerous person, or a 48.24 person who has a sexual psychopathic personality by a court of 48.25 competent jurisdiction, within or without this state. Such 48.26 adjudication shall automatically suspend a registration for its 48.27 duration unless the board orders otherwise; 48.28 (11) engaging in unprofessional conduct. Unprofessional 48.29 conduct includes any departure from or the failure to conform to 48.30 the minimal standards of acceptable and prevailing practice in 48.31 which proceeding actual injury to a patient need not be 48.32 established; 48.33 (12) inability to practice with reasonable skill and safety 48.34 to patients by reason of illness, drunkenness, use of drugs, 48.35 narcotics, chemicals, or any other type of material, or as a 48.36 result of any mental or physical condition, including 49.1 deterioration through the aging process or loss of motor skills; 49.2 (13) revealing a privileged communication from or relating 49.3 to a patient except when otherwise required or permitted by law; 49.4 (14) any use of the title "Physician," "Doctor," or "Dr."; 49.5 (15) improper management of medical records, including 49.6 failure to maintain adequate medical records, to comply with a 49.7 patient's request made pursuant to section 144.335, or to 49.8 furnish a medical record or report required by law; 49.9 (16) engaging in abusive or fraudulent billing practices, 49.10 including violations of the federal Medicare and Medicaid laws 49.11 or state medical assistance laws; 49.12 (17) becoming addicted or habituated to a drug or 49.13 intoxicant; 49.14 (18) prescribing a drug or device for other than medically 49.15 accepted therapeutic, experimental, or investigative purposes 49.16 authorized by a state or federal agency or referring a patient 49.17 to any health care provider as defined in section 144.335 for 49.18 services or tests not medically indicated at the time of 49.19 referral; 49.20 (19) engaging in conduct with a patient which is sexual or 49.21 may reasonably be interpreted by the patient as sexual, or in 49.22 any verbal behavior which is seductive or sexually demeaning to 49.23 a patient; 49.24 (20) failure to make reports as required by section609.21549.25 147A.14 or to cooperate with an investigation of the board as 49.26 required by section609.215147A.15, subdivision 3; 49.27 (21) knowingly providing false or misleading information 49.28 that is directly related to the care of that patient unless done 49.29 for an accepted therapeutic purpose such as the administration 49.30 of a placebo; 49.31 (22) aiding suicide or aiding attempted suicide in 49.32 violation of section 609.215 as established by any of the 49.33 following: 49.34 (i) a copy of the record of criminal conviction or plea of 49.35 guilty for a felony in violation of section 609.215, subdivision 49.36 1 or 2; 50.1 (ii) a copy of the record of a judgment of contempt of 50.2 court for violating an injunction issued under section 609.215, 50.3 subdivision 4; 50.4 (iii) a copy of the record of a judgment assessing damages 50.5 under section 609.215, subdivision 5; or 50.6 (iv) a finding by the board that the person violated 50.7 section 609.215, subdivision 1 or 2. The board shall 50.8 investigate any complaint of a violation of section 609.215, 50.9 subdivision 1 or 2; or 50.10 (23) failure to maintain annually reviewed and updated 50.11 physician-physician assistant agreements, internal protocols, or 50.12 prescribing delegation forms for each physician-physician 50.13 assistant practice relationship, or failure to provide copies of 50.14 such documents upon request by the board. 50.15 Sec. 78. Minnesota Statutes 1996, section 148.235, 50.16 subdivision 4, is amended to read: 50.17 Subd. 4. [CLINICAL NURSE SPECIALISTS IN PSYCHIATRIC AND 50.18 MENTAL HEALTH NURSING.] A registered nurse who (1) has a masters 50.19 degree, (2) is certified through a national professional nursing 50.20 organization which certifies clinical specialists in psychiatric 50.21 and mental health nursing and is included in the list of 50.22 professional nursing organizations adopted by the board under 50.23 section 62A.15, subdivision 3a, (3) has successfully completed 50.24 no less than 30 hours of formal study in the prescribing of 50.25 psychotropic medications and medications to treat their side 50.26 effects which included instruction in health assessment, 50.27 psychotropic classifications, psychopharmacology, indications, 50.28 dosages, contraindications, side effects, and evidence of 50.29 application, and (4) hasa verbal agreement ora written 50.30 agreement with a psychiatrist based on standards established by 50.31 the Minnesota Nurses Association and the Minnesota Psychiatric 50.32 Association that specifies and defines the delegated 50.33 responsibilities related to the prescription of drugs in 50.34 relationship to the diagnosis, may prescribe and administer 50.35 drugs used to treat psychiatric and behavioral disorders and the 50.36 side effects of those drugs within the scope of the written 51.1 agreement and within practice as a clinical specialist in 51.2 psychiatric and mental health nursing. The written agreement 51.3 required under this subdivision shall be based on standards 51.4 established by the Minnesota Nurses Association and the 51.5 MinnesotamedicalPsychiatric Association as of January 1, 1996, 51.6 unless both associations agree to revisions. The written 51.7 agreement shall be maintained at the certified clinical nurse 51.8 specialist's place of employment and does not need to be filed 51.9 with the board of nursing. 51.10 Nothing in this subdivision removes or limits the legal 51.11 professional liability of the treating psychiatrist, clinical 51.12 nurse specialist, mental health clinic or hospital for the 51.13 prescription and administration of drugs by a clinical 51.14 specialist in accordance with this subdivision. 51.15 Sec. 79. Minnesota Statutes 1996, section 153A.19, 51.16 subdivision 2, is amended to read: 51.17 Subd. 2. [30-DAY GUARANTEE AND BUYER RIGHT TO CANCEL.] No 51.18 person shall sell a hearing aid in this state unless: 51.19 (a) The dispenser provides the buyer with a 30-day written 51.20 money-back guarantee. The guarantee must permit the buyer to 51.21 cancel the purchase for any reason within the first 30 days 51.22after receivingduring which the buyer has possession of the 51.23 hearing aid by giving or mailing written notice of cancellation 51.24 to the dispenser. If the hearing aid must be repaired, remade, 51.25 or adjusted during the 30-day money-back guarantee period, the 51.26 running of the 30-day period is suspended one day for each 51.27 24-hour period that the hearing aid is not in the buyer's 51.28 possession. A repaired, remade, or adjusted hearing aid must be 51.29 claimed by the buyer within three working days after 51.30 notification of availability, after which time the running of 51.31 the 30-day period resumes. The guarantee must entitle the 51.32 buyer, upon cancellation, to receive a full refund of payment 51.33 within 30 days of return of the hearing aid to the dispenser. 51.34 The dispenser may retain as a cancellation fee an amount not to 51.35 exceed ten percent of the buyer's total purchase price of the 51.36 hearing aid. 52.1 (b) The dispenser shall provide the buyer with a contract 52.2 written in plain English, that contains uniform language and 52.3 provisions that meet the requirements under the Plain Language 52.4 Contract Act, sections 325G.29 to 325G.36. The contract must 52.5 include, but is not limited to, the following: in immediate 52.6 proximity to the space reserved for the signature of the buyer, 52.7 or on the first page if there is no space reserved for the 52.8 signature of the buyer, a clear and conspicuous disclosure of 52.9 the following specific statement in all capital letters of no 52.10 less than 12-point boldface type: MINNESOTA STATE LAW GIVES THE 52.11 BUYER THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY 52.12 TIME PRIOR TO MIDNIGHT OF THE 30TH CALENDAR DAY OF THE BUYER'S 52.13 ACTUAL POSSESSION OF THE HEARING AID(S) AFTER INITIAL RECEIPT OF 52.14 THE HEARING AID(S). THIS CANCELLATION MUST BE IN WRITING AND 52.15 MUST BE GIVEN OR MAILED TO THE SELLER. IF THE BUYER DECIDES TO 52.16 RETURN THE HEARING AID(S) WITHIN THIS 30-DAY PERIOD, THE BUYER 52.17 WILL RECEIVE A REFUND OF $....... (State the dollar amount of 52.18 refund.) 52.19 Sec. 80. [REPEALER; SECTIONS 145.43 AND 153A.19 NOTE.] 52.20 Laws 1988, chapter 495, section 1, is repealed. 52.21 Sec. 81. Minnesota Statutes 1996, section 168.129, 52.22 subdivision 1, is amended to read: 52.23 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The 52.24 commissioner of public safety shall issue special collegiate 52.25 license plates to an applicant who: 52.26 (1) is an owner or joint owner of a passenger automobile, 52.27 pickup truck, or van; 52.28 (2) pays a fee determined by the commissioner to cover the 52.29 costs of handling and manufacturing the plates; 52.30 (3) pays the registration tax required under section168.1252.31 168.013; 52.32 (4) pays the fees required under this chapter; 52.33 (5) contributes at least $25 annually to the scholarship 52.34 account established in subdivision 6; and 52.35 (6) complies with laws and rules governing registration and 52.36 licensing of vehicles and drivers. 53.1 Sec. 82. Minnesota Statutes 1996, section 169.145, is 53.2 amended to read: 53.3 169.145 [IMPLEMENTS OF HUSBANDRY; SPEED; BRAKES.] 53.4 No person may: 53.5 (1) drive or tow an implement of husbandry that exceeds 53.6 6,000 pounds registered gross weight or gross vehicle weight and 53.7 is not equipped with brakes; or 53.8 (2) tow a vehicle registered as a farm trailer that exceeds 53.9 6,000 pounds registered gross weight or gross vehicle weight and 53.10 is not equipped with brakesand exceeding 6,000 pounds, at a 53.11 speed in excess of 25 miles per hour. 53.12 Sec. 83. Minnesota Statutes 1996, section 176.081, 53.13 subdivision 1, is amended to read: 53.14 Subdivision 1. [LIMITATION OF FEES.] (a) A fee for legal 53.15 services of 25 percent of the first $4,000 of compensation 53.16 awarded to the employee and 20 percent of the next $60,000 of 53.17 compensation awarded to the employee is the maximum permissible 53.18 fee and does not require approval by the commissioner, 53.19 compensation judge, or any other party. All fees, including 53.20 fees for obtaining medical or rehabilitation benefits, must be 53.21 calculated according to the formula under this subdivision, 53.22 except as otherwise provided in clause (1) or (2). 53.23 (1) The contingent attorney fee for recovery of monetary 53.24 benefits according to the formula in this section is presumed to 53.25 be adequate to cover recovery of medical and rehabilitation 53.26 benefit or services concurrently in dispute. Attorney fees for 53.27 recovery of medical or rehabilitation benefits or services shall 53.28 be assessed against the employer or insurer only if the attorney 53.29 establishes that the contingent fee is inadequate to reasonably 53.30 compensate the attorney for representing the employee in the 53.31 medical or rehabilitation dispute. In cases where the 53.32 contingent fee is inadequate the employer or insurer is liable 53.33 for attorney fees based on the formula in this subdivision or in 53.34 clause (2). 53.35 For the purposes of applying the formula where the employer 53.36 or insurer is liable for attorney fees, the amount of 54.1 compensation awarded for obtaining disputed medical and 54.2 rehabilitation benefits under sections 176.102, 176.135, and 54.3 176.136 shall be the dollar value of the medical or 54.4 rehabilitation benefit awarded, where ascertainable. 54.5 (2) The maximum attorney fee for obtaining a change of 54.6 doctor or qualified rehabilitation consultant, or any other 54.7 disputed medical or rehabilitation benefit for which a dollar 54.8 value is not reasonably ascertainable, is the amount charged in 54.9 hourly fees for the representation or $500, whichever is less, 54.10 to be paid by the employer or insurer. 54.11 (3) The fees for obtaining disputed medical or 54.12 rehabilitation benefits are included in the $13,000 limit in 54.13 paragraph (b). An attorney must concurrently file all 54.14 outstanding disputed issues. An attorney is not entitled to 54.15 attorney fees for representation in any issue which could 54.16 reasonably have been addressed during the pendency of other 54.17 issues for the same injury. 54.18 (b) All fees for legal services related to the same injury 54.19 are cumulative and may not exceed $13,000. If multiple injuries 54.20 are the subject of a dispute, the commissioner, compensation 54.21 judge, or court of appeals shall specify the attorney fee 54.22 attributable to each injury. 54.23 (c) If the employer or the insurer or the defendant is 54.24 given written notice of claims for legal services or 54.25 disbursements, the claim shall be a lien against the amount paid 54.26 or payable as compensation. Subject to the foregoing maximum 54.27 amount for attorney fees, up to 25 percent of the first $4,000 54.28 of periodic compensation awarded to the employee and 20 percent 54.29 of the next $60,000 of periodic compensation awarded to the 54.30 employee may be withheld from the periodic payments for attorney 54.31 fees or disbursements if the payor of the funds clearly 54.32 indicates on the check or draft issued to the employee for 54.33 payment the purpose of the withholding, the name of the 54.34 attorney, the amount withheld, and the gross amount of the 54.35 compensation payment before withholding. In no case shall fees 54.36 be calculated on the basis of any undisputed portion of 55.1 compensation awards. Allowable fees under this chapter shall be 55.2 based solely upon genuinely disputed claims or portions of 55.3 claims, including disputes related to the payment of 55.4 rehabilitation benefits or to other aspects of a rehabilitation 55.5 plan. The existence of a dispute is dependent upon a 55.6 disagreement after the employer or insurer has had adequate time 55.7 and information to take a position on liability. Neither the 55.8 holding of a hearing nor the filing of an application for a 55.9 hearing alone may determine the existence of a dispute. Except 55.10 where the employee is represented by an attorney in other 55.11 litigation pending at the department or at the office of 55.12 administrative hearings, a fee may not be charged after June 1, 55.13 1996, for services with respect to a medical or rehabilitation 55.14 issue arising under section 176.102, 176.135, or 176.136 55.15 performed before the employee has consulted with the department 55.16 and the department certifies that there is a dispute and that it 55.17 has tried to resolve the dispute. 55.18 (d) An attorney who is claiming legal fees for representing 55.19 an employee in a workers' compensation matter shall file a 55.20 statement of attorney fees with the commissioner, compensation 55.21 judge before whom the matter was heard, or workers' compensation 55.22 court of appeals on cases before the court. A copy of the 55.23 signed retainer agreement shall also be filed. The employee and 55.24 insurer shall receive a copy of the statement. The statement 55.25 shall be on a form prescribed by the commissioner and shall 55.26 report the number of hours spent on the case. 55.27 (e) Employers and insurers may not pay attorney fees or 55.28 wages for legal services of more than $13,000 per caseunless55.29the additional fees or wages are approved under subdivision 2. 55.30 (f) Each insurer and self-insured employer shall file 55.31 annual statements with the commissioner detailing the total 55.32 amount of legal fees and other legal costs incurred by the 55.33 insurer or employer during the year. The statement shall 55.34 include the amount paid for outside and in-house counsel, 55.35 deposition and other witness fees, and all other costs relating 55.36 to litigation. 56.1 Sec. 84. Minnesota Statutes 1996, section 179A.03, 56.2 subdivision 7, is amended to read: 56.3 Subd. 7. [ESSENTIAL EMPLOYEE.] "Essential employee" means 56.4 firefighters, peace officers subject to licensure under sections 56.5 626.84 to626.855626.863, guards at correctional facilities, 56.6 confidential employees, supervisory employees, assistant county 56.7 attorneys, principals, and assistant principals. However, for 56.8 state employees, "essential employee" means all employees in law 56.9 enforcement, health care professionals, correctional guards, 56.10 professional engineering, and supervisory collective bargaining 56.11 units, irrespective of severance, and no other employees. For 56.12 University of Minnesota employees, "essential employee" means 56.13 all employees in law enforcement, nursing professional and 56.14 supervisory units, irrespective of severance, and no other 56.15 employees. "Firefighters" means salaried employees of a fire 56.16 department whose duties include, directly or indirectly, 56.17 controlling, extinguishing, preventing, detecting, or 56.18 investigating fires. 56.19 Sec. 85. Minnesota Statutes 1996, section 179A.03, 56.20 subdivision 14, is amended to read: 56.21 Subd. 14. [PUBLIC EMPLOYEE.] "Public employee" or 56.22 "employee" means any person appointed or employed by a public 56.23 employer except: 56.24 (a) elected public officials; 56.25 (b) election officers; 56.26 (c) commissioned or enlisted personnel of the Minnesota 56.27 national guard; 56.28 (d) emergency employees who are employed for emergency work 56.29 caused by natural disaster; 56.30 (e) part-time employees whose service does not exceed the 56.31 lesser of 14 hours per week or 35 percent of the normal work 56.32 week in the employee's appropriate unit; 56.33 (f) employees whose positions are basically temporary or 56.34 seasonal in character and: (1) are not for more than 67 working 56.35 days in any calendar year; or (2) are not for more than 100 56.36 working days in any calendar year and the employees are under 57.1 the age of 22, are full-time students enrolled in a nonprofit or 57.2 public educational institution prior to being hired by the 57.3 employer, and have indicated, either in an application for 57.4 employment or by being enrolled at an educational institution 57.5 for the next academic year or term, an intention to continue as 57.6 students during or after their temporary employment; 57.7 (g) employees providing services for not more than two 57.8 consecutive quarters to the state university board or the 57.9 community college board under the terms of a professional or 57.10 technical services contract as defined in section 16B.17, 57.11 subdivision 1; 57.12 (h) employees of charitable hospitals as defined by section 57.13 179.35, subdivision 3; 57.14 (i) full-time undergraduate students employed by the school 57.15 which they attend under a work-study program or in connection 57.16 with the receipt of financial aid, irrespective of number of 57.17 hours of service per week; 57.18 (j) an individual who is employed for less than 300 hours 57.19 in a fiscal year as an instructor in an adult vocational 57.20 education program; 57.21 (k) an individual hired by a school district, the community 57.22 college board, or the state university board, to teach one 57.23 course for up to four credits for one quarter in a year. 57.24 The following individuals are public employees regardless 57.25 of the exclusions of clauses (e) and (f): 57.26 (1) An employee hired by a school district, the community 57.27 college board, or the state university board, except at the 57.28 university established in section136F.017136F.13 or for 57.29 community services or community education instruction offered on 57.30 a noncredit basis: (i) to replace an absent teacher or faculty 57.31 member who is a public employee, where the replacement employee 57.32 is employed more than 30 working days as a replacement for that 57.33 teacher or faculty member; or (ii) to take a teaching position 57.34 created due to increased enrollment, curriculum expansion, 57.35 courses which are a part of the curriculum whether offered 57.36 annually or not, or other appropriate reasons; and 58.1 (2) An employee hired for a position under clause (f)(1) if 58.2 that same position has already been filled under clause (f)(1) 58.3 in the same calendar year and the cumulative number of days 58.4 worked in that same position by all employees exceeds 67 58.5 calendar days in that year. For the purpose of this paragraph, 58.6 "same position" includes a substantially equivalent position if 58.7 it is not the same position solely due to a change in the 58.8 classification or title of the position. 58.9 Sec. 86. Minnesota Statutes 1996, section 179A.06, 58.10 subdivision 2, is amended to read: 58.11 Subd. 2. [RIGHT TO ORGANIZE.] Public employees have the 58.12 right to form and join labor or employee organizations, and have 58.13 the right not to form and join such organizations. Public 58.14 employees in an appropriate unit have the right by secret ballot 58.15 to designate an exclusive representative to negotiate grievance 58.16 procedures and the terms and conditions of employment with their 58.17 employer. Confidential employees of the state and the 58.18 University of Minnesota are excluded from bargaining. Other 58.19 confidential employees, supervisory employees, principals, and 58.20 assistant principals may form their own organizations. An 58.21 employer shall extend exclusive recognition to a representative 58.22 of or an organization of supervisory or confidential employees, 58.23 or principals and assistant principals, for the purpose of 58.24 negotiating terms or conditions of employment, in accordance 58.25 with sections 179A.01 to 179A.25, applicable to essential 58.26 employees. 58.27 Supervisory or confidential employee organizations shall 58.28 not participate in any capacity in any negotiations which 58.29 involve units of employees other than supervisory or 58.30 confidential employees. Except for organizations which 58.31 represent supervisors who are: (1) firefighters, peace officers 58.32 subject to licensure under sections 626.84 to626.855626.863, 58.33 guards at correctional facilities, or employees at hospitals 58.34 other than state hospitals; and (2) not state or University of 58.35 Minnesota employees, a supervisory or confidential employee 58.36 organization which is affiliated with another employee 59.1 organization which is the exclusive representative of 59.2 nonsupervisory or nonconfidential employees of the same public 59.3 employer shall not be certified, or act as, an exclusive 59.4 representative for the supervisory or confidential employees. 59.5 For the purpose of this subdivision, affiliation means either 59.6 direct or indirect and includes affiliation through a federation 59.7 or joint body of employee organizations. 59.8 Sec. 87. Minnesota Statutes 1996, section 179A.09, 59.9 subdivision 3, is amended to read: 59.10 Subd. 3. [DIVISION OF UNITS.] If a designated appropriate 59.11 unit contains both peace officers subject to licensure under 59.12 sections 626.84 to626.855626.863 and essential employees who 59.13 are not peace officers, the commissioner, at the request of a 59.14 majority of either the peace officers or the other essential 59.15 employees within the unit, shall divide the unit into two 59.16 separate appropriate units, one for the peace officers and one 59.17 for the other essential employees. 59.18 Sec. 88. Minnesota Statutes 1996, section 181.14, is 59.19 amended to read: 59.20 181.14 [NOTICE TO BE GIVEN; SETTLEMENT OF DISPUTES.] 59.21 When any such employee, not having a contract for a 59.22 definite period of service, quits or resigns employment, the 59.23 wages or commissions earned and unpaid at the time the employee 59.24 quits or resigns shall become due and payable within five days 59.25 thereafter. Any employer failing or refusing to pay such wages 59.26 or commissions, after they become due, upon the demand of the 59.27 employee, shall be liable to the employee from the date of the 59.28 demand for an additional sum equal to the amount of the 59.29 employee's average daily earnings provided in the contract of 59.30 employment, for every day, not exceeding 15 days in all, until 59.31 such payment or other settlement satisfactory to the employee is 59.32 made. If any employee having such a contract gives not less 59.33 than five days' written notice to the employer of intention to 59.34 quit, the wages or commissions of the employee giving notice may 59.35 be demanded and shall become due 24 hours after the employee 59.36 quits or resigns, and the penalty herein provided shall apply 60.1 from the date of demand. If the employer disputes the amount of 60.2 wages or commissions claimed by the employee under the 60.3 provisions of this section or section 181.13, and the employer 60.4 makes a legal tender of the amount which the employer in good 60.5 faith claims to be due, the employer shall not be liable for any 60.6 sum greater than the amount so tendered and interest thereon at 60.7 the legal rate, unless, in an action brought in a court having 60.8 jurisdiction, the employee recovers a greater sum than the 60.9 amount so tendered with interest thereon; and if, in the suit, 60.10 the employee fails to recover a greater sum than that so 60.11 tendered, with interest, the employee shall pay the cost of the 60.12 suit, otherwise the cost shall be paid by the employer. In 60.13 cases where the discharged or quitting employee was, during 60.14 employment, entrusted with the collection, disbursement, or 60.15 handling of money or property, the employer shall have ten 60.16 secular days after the termination of the employment to audit 60.17 and adjust the accounts of the employee before the employee's 60.18 wages or commissions shall become due and payable, and the 60.19 penalty herein provided shall apply in such case only from the 60.20 date of demand made after the expiration of the period allowed 60.21 for audit and adjustment. If, upon such audit and adjustment of 60.22 the accounts of the employee, it is found that any money or 60.23 property entrusted to the employee by the employer has not been 60.24 properly accounted for or paid over to the employer, as provided 60.25 by the terms of the contract of employment, the employee shall 60.26 not be entitled to the benefit of sections 181.13 to181.1760.27 181.171, but the claim for unpaid wages or commissions of such 60.28 employee, if any, shall be disposed of as provided by existing 60.29 law. Wages and commissions paid under this section shall be 60.30 paid at the usual place of payment unless the employee requests 60.31 that the wages and commissions be sent to the employee through 60.32 the mails. If, in accordance with a request by the employee, 60.33 the employee's wages and commissions are sent to the employee 60.34 through the mail, the wages and commissions shall be deemed to 60.35 have been paid as of the date of their postmark for the purposes 60.36 of this section. 61.1 Sec. 89. Minnesota Statutes 1996, section 181.15, is 61.2 amended to read: 61.3 181.15 [WHEN EMPLOYEE NOT ENTITLED TO BENEFITS.] 61.4 No such servant or employee who hides or stays away to 61.5 avoid receiving payment, or refuses to receive the same when 61.6 fully tendered, shall be entitled to any benefit under sections 61.7 181.13 to181.17181.171 for such time as so avoiding payment; 61.8 provided, when any number of employees enter upon a strike the 61.9 wages due such striking employees at the time of entering upon 61.10 such strike shall not become due until the next regular pay day 61.11 after the commencement of such strike. 61.12 Sec. 90. Minnesota Statutes 1996, section 181.16, is 61.13 amended to read: 61.14 181.16 [CONSTRUCTION OF SECTIONS 181.13 TO181.17181.171.] 61.15 Sections 181.13 to181.17181.171 shall not be construed to 61.16 apply to any employer or an individual, copartnership, or 61.17 corporation that is bankrupt, or where a receiver or trustee is 61.18 acting under the direction of the court. Payment or tender by 61.19 check drawn on a bank situated in the county where a laborer is 61.20 employed shall be a sufficient payment or tender to comply with 61.21 the provisions of sections 181.13 to181.17181.171. 61.22 Sec. 91. Minnesota Statutes 1996, section 183.57, 61.23 subdivision 2, is amended to read: 61.24 Subd. 2. Every boiler or pressure vessel as to which any 61.25 insurance company authorized to do business in this state has 61.26 issued a policy of insurance, after the inspection thereof, is 61.27 exempt from inspection made under sections 183.375 to 183.62, 61.28 while the same continues to be insured and the person, firm, or 61.29 corporation owning or operating the same has an unexpired 61.30 certificate of exemption from inspection, issued by the chief 61.31 boiler inspector. The fee set by the commissioner pursuant to 61.32 section16A.12816A.1285, on the first object inspected and on 61.33 each object thereafter shall apply to each exempt object. A 61.34 certificate of exemption expires one year from date of issue. 61.35 The certificate of exemption shall be posted in a conspicuous 61.36 place near the boiler or pressure vessel or in the plant office 62.1 or boiler room described therein and to which it relates. Every 62.2 insurance company shall give written notice to the chief boiler 62.3 inspector of the cancellation or expiration of every policy of 62.4 insurance issued by it with reference to policies in this state, 62.5 and the cause or reason for the cancellation or expiration. 62.6 These notices of cancellation or expiration shall show the date 62.7 of the policy and the date when the cancellation has or will 62.8 become effective. 62.9 Sec. 92. Minnesota Statutes 1996, section 197.447, is 62.10 amended to read: 62.11 197.447 [VETERAN, DEFINED.] 62.12 The word "veteran" as used in Minnesota Statutes, except in 62.13 sections 136F.28, 196.21,197.971,and 243.251, means a citizen 62.14 of the United States or a resident alien who has been separated 62.15 under honorable conditions from any branch of the armed forces 62.16 of the United States after having served on active duty for 181 62.17 consecutive days or by reason of disability incurred while 62.18 serving on active duty, or who has met the minimum active duty 62.19 requirement as defined by Code of Federal Regulations, title 38, 62.20 section 3.12a, or who has active military service certified 62.21 under section 401, Public Law Number 95-202. The active 62.22 military service must be certified by the United States 62.23 Secretary of Defense as active military service and a discharge 62.24 under honorable conditions must be issued by the Secretary. 62.25 Sec. 93. Minnesota Statutes 1996, section 214.01, 62.26 subdivision 2, is amended to read: 62.27 Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related 62.28 licensing board" means the board of examiners of nursing home 62.29 administrators established pursuant to section 144A.19, the 62.30 board of medical practice created pursuant to section 147.01, 62.31 the board of nursing created pursuant to section 148.181, the 62.32 board of chiropractic examiners established pursuant to section 62.33 148.02, the board of optometry established pursuant to section 62.34 148.52, the board of psychology established pursuant to section 62.35 148.90, the board of social worklicensing boardpursuant to 62.36 section 148B.19, the board of marriage and family therapy 63.1 pursuant to section 148B.30, the office of mental health 63.2 practice established pursuant to section 148B.61, thechemical63.3dependency counselingalcohol and drug counselors licensing 63.4 advisory council established pursuant to section 148C.02, the 63.5 board of dietetics and nutrition practice established under 63.6 section 148.622, the board of dentistry established pursuant to 63.7 section 150A.02, the board of pharmacy established pursuant to 63.8 section 151.02, the board of podiatric medicine established 63.9 pursuant to section 153.02, and the board of veterinary 63.10 medicine, established pursuant to section 156.01. 63.11 Sec. 94. [REPEALER; SECTION 216C.06, SUBDIVISIONS 10 AND 63.12 11.] 63.13 Minnesota Statutes 1996, section 216C.06, subdivisions 10 63.14 and 11, are repealed. 63.15 Sec. 95. Minnesota Statutes 1996, section 216C.35, is 63.16 amended to read: 63.17 216C.35 [PRIORITIES FOR FUNDING.] 63.18 All applications for funding shall be made to the 63.19 commissioner. Applications shall be accompanied by a report on 63.20 the energy using characteristics of the building and any other 63.21 information the commissioner may reasonably require.A school63.22or local government may apply to the commissioner to receive63.23reimbursement for up to the reasonable costs of mini-audits or63.24maxi-audits performed pursuant to section 216C.23 or 216C.24. In63.25the event that the applicant receives federal money pursuant to63.26the National Energy Conservation Policy Act, Public Law Number63.2795-619 that is intended to be used to pay part or all of the63.28costs of a mini-audit or maxi-audit, the applicant shall receive63.29state money, which, when combined with federal money received,63.30equals the reasonable costs of the mini-audit or maxi-audit.63.31 Sec. 96. Minnesota Statutes 1996, section 244.17, 63.32 subdivision 2, is amended to read: 63.33 Subd. 2. [ELIGIBILITY.] The commissioner must limit the 63.34 challenge incarceration program to the following persons: 63.35 (1) offenders who are committed to the commissioner's 63.36 custody following revocation of a stayed sentence; and 64.1 (2) offenders who are committed to the commissioner's 64.2 custody, who have 36 months or less in or remaining in their 64.3 term of imprisonment, and who did not receive a dispositional 64.4 departure under the sentencing guidelines. 64.5An eligible inmate is not entitledThe commissioner shall 64.6 select inmates who meet eligibility requirements to participate 64.7 in the program. 64.8 Sec. 97. Minnesota Statutes 1996, section 245.462, 64.9 subdivision 16, is amended to read: 64.10 Subd. 16. [MENTAL HEALTH FUNDS.] "Mental health funds" are 64.11 funds expended under sections 245.73 and 256E.12, federal mental 64.12 health block grant funds, and funds expended under 64.13sectionssection 256D.06and 256D.37to facilities licensed 64.14 under Minnesota Rules, parts 9520.0500 to 9520.0690. 64.15 Sec. 98. Minnesota Statutes 1996, section 245.4881, 64.16 subdivision 2, is amended to read: 64.17 Subd. 2. [NOTIFICATION AND DETERMINATION OF CASE 64.18 MANAGEMENT ELIGIBILITY.] (a) The county board shall notify, as 64.19 appropriate, the child, child's parent, or child's legal 64.20 representative of the child's potential eligibility for case 64.21 management services within five working days after receiving a 64.22 request from an individual or a referral from a provider under 64.23 section 245.4876, subdivision 4. 64.24 (b) The county board shall send a notification written in 64.25 plain language of potential eligibility for case management and 64.26 family community support services. The notification shall 64.27 identify the designated case management providers and shall 64.28 contain: 64.29 (1) a brief description of case management and family 64.30 community support services; 64.31 (2) the potential benefits of these services; 64.32 (3) the identity and current phone number of the county 64.33 employee designated to coordinate case management activities; 64.34 (4) an explanation of how to obtain county assistance in 64.35 obtaining a diagnostic assessment, if needed; and 64.36 (5) an explanation of the appeal process. 65.1 The county board shall send the notice, as appropriate, to 65.2 the child, the child's parent, or the child's legal 65.3 representative, if any. 65.4 (c) The county board must promptly determine whether a 65.5 child who requests or is referred for case management services 65.6 meets the criteria of section245.471 or245.4871, subdivision 65.7 6. If a diagnostic assessment is needed to make the 65.8 determination, the county board must offer to assist the child 65.9 and the child's family in obtaining one. The county board shall 65.10 notify, in writing, the child and the child's representative, if 65.11 any, of the eligibility determination. If the child is 65.12 determined to be eligible for case management services, and if 65.13 the child and the child's family consent to the services, the 65.14 county board shall refer the child to the case management 65.15 provider for case management services. If the child is 65.16 determined not to be eligible or refuses case management 65.17 services, the county board shall notify the child of the appeal 65.18 process and shall offer to refer the child to a mental health 65.19 provider or other appropriate service provider and to assist the 65.20 child in making an appointment with the provider of the child's 65.21 choice. 65.22 Sec. 99. Minnesota Statutes 1996, section 252.40, is 65.23 amended to read: 65.24 252.40 [SERVICE PRINCIPLES AND RATE-SETTING PROCEDURES FOR 65.25 DAY TRAINING AND HABILITATION SERVICES FOR ADULTS WITH MENTAL 65.26 RETARDATION AND RELATED CONDITIONS.] 65.27 Sections 252.40 to252.47252.46 apply to day training and 65.28 habilitation services for adults with mental retardation and 65.29 related conditions when the services are authorized to be funded 65.30 by a county and provided under a contract between a county board 65.31 and a vendor as defined in section 252.41. Nothing in sections 65.32 252.40 to252.47252.46 absolves intermediate care facilities 65.33 for persons with mental retardation or related conditions of the 65.34 responsibility for providing active treatment and habilitation 65.35 under federal regulations with which those facilities must 65.36 comply to be certified by the Minnesota department of health. 66.1 Sec. 100. Minnesota Statutes 1996, section 252.41, 66.2 subdivision 1, is amended to read: 66.3 Subdivision 1. [SCOPE.] The definitions in this section 66.4 apply to sections 252.40 to252.47252.46. 66.5 Sec. 101. Minnesota Statutes 1996, section 252.43, is 66.6 amended to read: 66.7 252.43 [COMMISSIONER'S DUTIES.] 66.8 The commissioner shall supervise county boards' provision 66.9 of day training and habilitation services to adults with mental 66.10 retardation and related conditions. The commissioner shall: 66.11 (1) determine the need for day training and habilitation 66.12 services under section 252.28; 66.13 (2) approve payment rates established by a county under 66.14 section 252.46, subdivision 1; 66.15 (3) adopt rules for the administration and provision of day 66.16 training and habilitation services under sections 252.40 to 66.17252.47252.46 and sections 245A.01 to 245A.16 and 252.28, 66.18 subdivision 2; 66.19 (4) enter into interagency agreements necessary to ensure 66.20 effective coordination and provision of day training and 66.21 habilitation services; 66.22 (5) monitor and evaluate the costs and effectiveness of day 66.23 training and habilitation services; and 66.24 (6) provide information and technical help to county boards 66.25 and vendors in their administration and provision of day 66.26 training and habilitation services. 66.27 Sec. 102. Minnesota Statutes 1996, section 252.46, 66.28 subdivision 1, is amended to read: 66.29 Subdivision 1. [RATES.] (a) Payment rates to vendors, 66.30 except regional centers, for county-funded day training and 66.31 habilitation services and transportation provided to persons 66.32 receiving day training and habilitation services established by 66.33 a county board are governed by subdivisions 2 to 19. The 66.34 commissioner shall approve the following three payment rates for 66.35 services provided by a vendor: 66.36 (1) a full-day service rate for persons who receive at 67.1 least six service hours a day, including the time it takes to 67.2 transport the person to and from the service site; 67.3 (2) a partial-day service rate that must not exceed 75 67.4 percent of the full-day service rate for persons who receive 67.5 less than a full day of service; and 67.6 (3) a transportation rate for providing, or arranging and 67.7 paying for, transportation of a person to and from the person's 67.8 residence to the service site. 67.9 (b) The commissioner may also approve an hourly job-coach, 67.10 follow-along rate for services provided by one employee at or en 67.11 route to or from community locations to supervise, support, and 67.12 assist one person receiving the vendor's services to learn 67.13 job-related skills necessary to obtain or retain employment when 67.14 and where no other persons receiving services are present and 67.15 when all the following criteria are met: 67.16 (1) the vendor requests and the county recommends the 67.17 optional rate; 67.18 (2) the service is prior authorized by the county on the 67.19 Medicaid Management Information System for no more than 414 67.20 hours in a 12-month period and the daily per person charge to 67.21 medical assistance does not exceed the vendor's approved full 67.22 day plus transportation rates; 67.23 (3) separate full day, partial day, and transportation 67.24 rates are not billed for the same person on the same day; 67.25 (4) the approved hourly rate does not exceed the sum of the 67.26 vendor's current average hourly direct service wage, including 67.27 fringe benefits and taxes, plus a component equal to the 67.28 vendor's average hourly nondirect service wage expenses; and 67.29 (5) the actual revenue received for provision of hourly 67.30 job-coach, follow-along services is subtracted from the vendor's 67.31 total expenses for the same time period and those adjusted 67.32 expenses are used for determining recommended full day and 67.33 transportation payment rates under subdivision 5 in accordance 67.34 with the limitations in subdivision 3. 67.35 (c) Medical assistance rates for home and community-based 67.36 service provided under section 256B.501, subdivision 4, by 68.1 licensed vendors of day training and habilitation services must 68.2 not be greater than the rates for the same services established 68.3 by counties under sections 252.40 to252.47252.46. For very 68.4 dependent persons with special needs the commissioner may 68.5 approve an exception to the approved payment rate under section 68.6 256B.501, subdivision 4 or 8. 68.7 Sec. 103. Minnesota Statutes 1996, section 252.50, 68.8 subdivision 6, is amended to read: 68.9 Subd. 6. [RATES FOR STATE-OPERATED, COMMUNITY-BASED 68.10 PROGRAMS FOR PERSONS WITH MENTAL RETARDATION.] State-operated, 68.11 community-based programs that meet the definition of a facility 68.12 in Minnesota Rules, part 9553.0020, subpart 19, must be 68.13 reimbursed consistent with Minnesota Rules, parts 9553.0010 to 68.14 9553.0080. State-operated, community-based programs that meet 68.15 the definition of vendor in section 252.41, subdivision 9, must 68.16 be reimbursed consistent with the rate setting procedures in 68.17 sections 252.41 to252.47252.46 and Minnesota Rules, parts 68.18 9525.1200 to 9525.1330. This subdivision does not operate to 68.19 abridge the statutorily created pension rights of state 68.20 employees or collective bargaining agreements reached pursuant 68.21 to chapter 179A. 68.22 Sec. 104. Minnesota Statutes 1996, section 256B.04, 68.23 subdivision 2, is amended to read: 68.24 Subd. 2. Make uniform rules, not inconsistent with law, 68.25 for carrying out and enforcing the provisions hereof in an 68.26 efficient, economical, and impartial manner, and to the end that 68.27 the medical assistance system may be administered uniformly 68.28 throughout the state, having regard for varying costs of medical 68.29 care in different parts of the state and the conditions in each 68.30 case, and in all things to carry out the spirit and purpose of 68.31 this program, which rulesshall be made with the approval of the68.32attorney general on form and legality,shall be furnished 68.33 immediately to all county agencies, and shall be binding on such 68.34 county agencies. 68.35 Sec. 105. Minnesota Statutes 1996, section 257.41, is 68.36 amended to read: 69.1 257.41 [FINANCIAL RESPONSIBILITY.] 69.2 Financial responsibility for any child placed pursuant to 69.3 the provisions of the interstate compact on the placement of 69.4 children shall be determined in accordance with the provisions 69.5 of article 5 thereof in the first instance. However, in the 69.6 event of partial or complete default of performance thereunder, 69.7 the provisions of sections518C.01 to 518C.36518C.101 to 69.8 518C.902 also may be invoked. 69.9 Sec. 106. Minnesota Statutes 1996, section 260.161, 69.10 subdivision 3, is amended to read: 69.11 Subd. 3. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 69.12 for records relating to an offense where proceedings are public 69.13 under section 260.155, subdivision 1, peace officers' records of 69.14 children who are or may be delinquent or who may be engaged in 69.15 criminal acts shall be kept separate from records of persons 18 69.16 years of age or older and are private data but shall be 69.17 disseminated: (1) by order of the juvenile court, (2) as 69.18 required by section 126.036, (3) as authorized under section 69.19 13.82, subdivision 2, (4) to the child or the child's parent or 69.20 guardian unless disclosure of a record would interfere with an 69.21 ongoing investigation, or (5) as otherwise provided in this 69.22 subdivision. Except as provided in paragraph (c), no 69.23 photographs of a child taken into custody may be taken without 69.24 the consent of the juvenile court unless the child is alleged to 69.25 have violated section 169.121 or 169.129. Peace officers' 69.26 records containing data about children who are victims of crimes 69.27 or witnesses to crimes must be administered consistent with 69.28 section 13.82, subdivisions 2, 3, 4, and 10. Any person 69.29 violating any of the provisions of this subdivision shall be 69.30 guilty of a misdemeanor. 69.31 In the case of computerized records maintained about 69.32 juveniles by peace officers, the requirement of this subdivision 69.33 that records about juveniles must be kept separate from adult 69.34 records does not mean that a law enforcement agency must keep 69.35 its records concerning juveniles on a separate computer system. 69.36 Law enforcement agencies may keep juvenile records on the same 70.1 computer as adult records and may use a common index to access 70.2 both juvenile and adult records so long as the agency has in 70.3 place procedures that keep juvenile records in a separate place 70.4 in computer storage and that comply with the special data 70.5 retention and other requirements associated with protecting data 70.6 on juveniles. 70.7 (b) Nothing in this subdivision prohibits the exchange of 70.8 information by law enforcement agencies if the exchanged 70.9 information is pertinent and necessary to the requesting agency 70.10 in initiating, furthering, or completing a criminal 70.11 investigation. 70.12 (c) A photograph may be taken of a child taken into custody 70.13 pursuant to section 260.165, subdivision 1, clause (b), provided 70.14 that the photograph must be destroyed when the child reaches the 70.15 age of 19 years. The commissioner of corrections may photograph 70.16 juveniles whose legal custody is transferred to the 70.17 commissioner. Photographs of juveniles authorized by this 70.18 paragraph may be used only for institution management purposes, 70.19 case supervision by parole agents, and to assist law enforcement 70.20 agencies to apprehend juvenile offenders. The commissioner 70.21 shall maintain photographs of juveniles in the same manner as 70.22 juvenile court records and names under this section. 70.23 (d) Traffic investigation reports are open to inspection by 70.24 a person who has sustained physical harm or economic loss as a 70.25 result of the traffic accident. Identifying information on 70.26 juveniles who are parties to traffic accidents may be disclosed 70.27 as authorized under section 13.82, subdivision 4, and accident 70.28 reports required under section 169.09 may be released under 70.29 section 169.09, subdivision 13, unless the information would 70.30 identify a juvenile who was taken into custody or who is 70.31 suspected of committing an offense that would be a crime if 70.32 committed by an adult, or would associate a juvenile with the 70.33 offense, and the offense is nota minoran adult court traffic 70.34 offense under section 260.193. 70.35 (e) A law enforcement agency shall notify the principal or 70.36 chief administrative officer of a juvenile's school of an 71.1 incident occurring within the agency's jurisdiction if: 71.2 (1) the agency has probable cause to believe that the 71.3 juvenile has committed an offense that would be a crime if 71.4 committed as an adult, that the victim of the offense is a 71.5 student or staff member of the school, and that notice to the 71.6 school is reasonably necessary for the protection of the victim; 71.7 or 71.8 (2) the agency has probable cause to believe that the 71.9 juvenile has committed an offense described in subdivision 1b, 71.10 paragraph (a), clauses (1) to (3), that would be a crime if 71.11 committed by an adult, regardless of whether the victim is a 71.12 student or staff member of the school. 71.13 A law enforcement agency is not required to notify the 71.14 school under this paragraph if the agency determines that notice 71.15 would jeopardize an ongoing investigation. Notwithstanding 71.16 section 138.17, data from a notice received from a law 71.17 enforcement agency under this paragraph must be destroyed when 71.18 the juvenile graduates from the school or at the end of the 71.19 academic year when the juvenile reaches age 23, whichever date 71.20 is earlier. For purposes of this paragraph, "school" means a 71.21 public or private elementary, middle, or secondary school. 71.22 (f) In any county in which the county attorney operates or 71.23 authorizes the operation of a juvenile prepetition or pretrial 71.24 diversion program, a law enforcement agency or county attorney's 71.25 office may provide the juvenile diversion program with data 71.26 concerning a juvenile who is a participant in or is being 71.27 considered for participation in the program. 71.28 (g) Upon request of a local social service agency, peace 71.29 officer records of children who are or may be delinquent or who 71.30 may be engaged in criminal acts may be disseminated to the 71.31 agency to promote the best interests of the subject of the data. 71.32 Sec. 107. Minnesota Statutes 1996, section 268.0124, is 71.33 amended to read: 71.34 268.0124 [PLAIN LANGUAGE IN WRITTEN MATERIALS.] 71.35 (a) To the extent reasonable and consistent with the goals 71.36 of providing easily understandable and readable materials and 72.1 complying with federal and state laws governing the programs, 72.2 all written materials relating to services and determinations of 72.3 eligibility for or amounts of benefits that will be given to 72.4 applicants for or recipients of assistance under a program 72.5 administered or supervised by the commissioner of economic 72.6 security must be understandable to a person of average 72.7 intelligence and education. 72.8 (b) All written materials relating to determinations of 72.9 eligibility for or amounts of benefits that will be given to 72.10 applicants for or recipients of assistance under programs 72.11 administered or supervised by the commissioner of economic 72.12 security must be developed to satisfy the plain language 72.13 requirements of the plain language contract act under sections 72.14 325G.29 to 325G.36. Materials may be submitted to the attorney 72.15 general for review and certification. Notwithstanding section 72.16 325G.35, subdivision 1, the attorney general shall review 72.17 submitted materials to determine whether they comply with the 72.18 requirements of section 325G.31. The remedies available 72.19 pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to 72.20 these materials. Failure to comply with this section does not 72.21 provide a basis for suspending the implementation or operation 72.22 of other laws governing programs administered by the 72.23 commissioner. 72.24 (c) The requirements of this section apply to all materials 72.25 modified or developed by the commissioner on or after July 1, 72.26 1988. The requirements of this section do not apply to 72.27 materials that must be submitted to a federal agency for 72.28 approval, to the extent that application of the requirements 72.29 prevents federal approval. 72.30 (d) Nothing in this section may be construed to prohibit a 72.31 lawsuit brought to require the commissioner to comply with this 72.32 sectionor to affect individual appeal rights granted pursuant72.33to section 268.10. 72.34 Sec. 108. Minnesota Statutes 1996, section 268.03, is 72.35 amended to read: 72.36 268.03 [DECLARATION OF PUBLIC POLICY.] 73.1 As a guide to the interpretation and application of 73.2 sections 268.03 to268.31268.30, the public policy of this 73.3 state is declared to be as follows: Economic insecurity due to 73.4 unemployment is a serious menace to the health, morals, and 73.5 welfare of the people of this state. Involuntary unemployment 73.6 is therefore a subject of general interest and concern which 73.7 requires appropriate action by the legislature to prevent its 73.8 spread and to lighten its burdens. This can be provided by 73.9 encouraging employers to provide more stable employment and by 73.10 the systematic accumulation of funds during periods of 73.11 employment to provide benefits for periods of unemployment, thus 73.12 maintaining purchasing power and limiting the serious social 73.13 consequences of poor relief assistance. The legislature, 73.14 therefore, declares that in its considered judgment the public 73.15 good and the general welfare of the citizens of this state will 73.16 be promoted by providing, under the police powers of the state 73.17 for the compulsory setting aside of unemployment reserves to be 73.18 used for the benefit of persons unemployed through no fault of 73.19 their own. In recognition of its focus on returning the worker 73.20 to gainful employment, this program will be known in Minnesota 73.21 as "reemployment insurance." 73.22 Sec. 109. Minnesota Statutes 1996, section 268.15, 73.23 subdivision 3, is amended to read: 73.24 Subd. 3. [CONTINGENT ACCOUNT.] There is hereby created in 73.25 the state treasury a special account, to be known as the 73.26 economic security contingent account, which shall not lapse nor 73.27 revert to any other fund. Such account shall consist of all 73.28 money appropriated therefor by the legislature, all money in the 73.29 form of interest and penalties collected pursuant to sections 73.30 268.16 and 268.18, and all money received in the form of 73.31 voluntary contributions to this account and interest thereon. 73.32 All money in such account shall be supplemental to all federal 73.33 money that would be available to the commissioner but for the 73.34 existence of this account. Moneys in this account are hereby 73.35 appropriated to the commissioner and shall be available to the 73.36 commissioner for such expenditures as the commissioner may deem 74.1 necessary in connection with the administration of sections 74.2 268.04 to268.231268.23. Whenever the commissioner expends 74.3 money from said contingent account for the proper and efficient 74.4 administration of the Minnesota economic security law for which 74.5 funds have not yet been made available by the federal 74.6 government, such money so withdrawn from the contingent account 74.7 shall be replaced as hereinafter provided. Upon the deposit in 74.8 the economic security administration fund of moneys which are 74.9 received in reimbursement of payments made as above provided for 74.10 said contingent account, the commissioner shall certify to the 74.11 state treasurer the amount of such reimbursement and thereupon 74.12 the state treasurer shall transfer such amount from the economic 74.13 security administration fund to said contingent account. All 74.14 money in this account shall be deposited, administered, and 74.15 disbursed in the same manner and under the same conditions and 74.16 requirements as is provided by law for the other special 74.17 accounts in the state treasury. The state treasurer shall be 74.18 liable on the treasurer's official bond for the faithful 74.19 performance of duties in connection with the economic security 74.20 contingent account provided for herein. Notwithstanding 74.21 anything to the contrary contained herein, on June 30 of each 74.22 year, except 1982, all amounts in excess of $300,000 in this 74.23 account shall be paid over to the reemployment insurance fund 74.24 established under section 268.05 and administered in accordance 74.25 with the provisions set forth therein. 74.26 Sec. 110. Minnesota Statutes 1996, section 268.361, 74.27 subdivision 1, is amended to read: 74.28 Subdivision 1. [TERMS.] For the purposes of sections 74.29 268.361 to268.367268.366, the following terms have the 74.30 meanings given them. 74.31 Sec. 111. Minnesota Statutes 1996, section 272.12, is 74.32 amended to read: 74.33 272.12 [CONVEYANCES, TAXES PAID BEFORE RECORDING.] 74.34 When: 74.35 (a) a deed or other instrument conveying land, 74.36 (b) a plat of any town site or addition thereto, 75.1 (c) a survey required pursuant to section 508.47, 75.2 (d) a condominium plat subject to chapter 515 or 515A or a 75.3 declaration that contains such a plat, or 75.4 (e) a common interest community plat subject to chapter 75.5 515B or a declaration that contains such a plat, 75.6 is presented to the county auditor for transfer, the auditor 75.7 shall ascertain from the records if there be taxes delinquent 75.8 upon the land described therein, or if it has been sold for 75.9 taxes. An assignment of a sheriff's or referee's certificate of 75.10 sale, when the certificate of sale describes real estate, and 75.11 certificates of redemption from mortgage or lien foreclosure 75.12 sales, when the certificate of redemption encompasses real 75.13 estate and is issued to a junior creditor, are considered 75.14 instruments conveying land for the purposes of this section and 75.15 section 272.121. If there are taxes delinquent, the auditor 75.16 shall certify to the same; and upon payment of such taxes, or in 75.17 case no taxes are delinquent, shall transfer the land upon the 75.18 books of the auditor's office, and note upon the instrument, 75.19 over official signature, the words, "no delinquent taxes and 75.20 transfer entered," or, if the land described has been sold or 75.21 assigned to an actual purchaser for taxes, the words "paid by 75.22 sale of land described within;" and, unless such statement is 75.23 made upon such instrument, the county recorder or the registrar 75.24 of titles shall refuse to receive or record the same; provided, 75.25 that sheriff's or referees' certificates of sale on execution or 75.26 foreclosure of a lien or mortgage, certificates of redemption 75.27 from mortgage or lien foreclosure sales issued to the redeeming 75.28 mortgagor or lienee, deeds of distribution made by a personal 75.29 representative in probate proceedings, decrees and judgments, 75.30 receivers receipts, patents, and copies of town or statutory 75.31 city plats, in case the original plat filed in the office of the 75.32 county recorder has been lost or destroyed, and the instruments 75.33 releasing, removing and discharging reversionary and forfeiture 75.34 provisions affecting title to land and instruments releasing, 75.35 removing or discharging easement rights in land or building or 75.36 other restrictions, may be recorded without such certificate; 76.1 and, provided that instruments conveying land and, as 76.2 appurtenant thereto an easement over adjacent tract or tracts of 76.3 land, may be recorded without such certificate as to the land 76.4 covered by such easement; and provided further, that any 76.5 instrument granting an easement made in favor of any public 76.6 utility or pipe line for conveying gas, liquids or solids in 76.7 suspension, in the nature of a right of way over, along, across 76.8 or under a tract of land may be recorded without such 76.9 certificate as to the land covered by such easement. Any 76.10 instrument amending or restating the declarations, bylaws, 76.11 plats, or other enabling documents governing homeowners 76.12 associations of condominiums, townhouses, common interest 76.13 ownership communities, and other planned unit developments may 76.14 be recorded without the auditor's certificate. 76.15 A deed of distribution made by a personal representative in 76.16 a probate proceeding, a decree, or a judgment that conveys land 76.17 shall be presented to the county auditor, who shall transfer the 76.18 land upon the books of the auditor's office and note upon the 76.19 instrument, over official signature, the words, "transfer 76.20 entered", and the instrument may then be recorded. A decree or 76.21 judgment that affects title to land but does not convey land may 76.22 be recorded without presentation to the auditor. 76.23 A violation of this section by the county recorder or the 76.24 registrar of titles shall be a gross misdemeanor, and, in 76.25 addition to the punishment therefor, the recorder or registrar 76.26 shall be liable to the grantee of any instrument so recorded for 76.27 the amount of any damages sustained. 76.28 When, as a condition to permitting the recording of deed or 76.29 other instrument affecting the title to real estate previously 76.30 forfeited to the state under the provisions of sections 281.16 76.31 to281.27281.25, county officials, after such real estate has 76.32 been purchased or repurchased, have required the payment of 76.33 taxes erroneously assumed to have accrued against such real 76.34 estate after forfeiture and before the date of purchase or 76.35 repurchase, the sum required to be so paid shall be refunded to 76.36 the persons entitled thereto out of moneys in the funds in which 77.1 the sum so paid was placed. Delinquent taxes are those taxes 77.2 deemed delinquent under section 279.02. 77.3 Sec. 112. Minnesota Statutes 1996, section 273.1398, 77.4 subdivision 1, is amended to read: 77.5 Subdivision 1. [DEFINITIONS.] (a) In this section, the 77.6 terms defined in this subdivision have the meanings given them. 77.7 (b) "Unique taxing jurisdiction" means the geographic area 77.8 subject to the same set of local tax rates. 77.9 (c) "Previous net tax capacity" means the product of the 77.10 appropriate net class rates for the year previous to the year in 77.11 which the aid is payable, and estimated market values for the 77.12 assessment two years prior to that in which aid is payable. 77.13 "Total previous net tax capacity" means the previous net tax 77.14 capacities for all property within the unique taxing 77.15 jurisdiction. The total previous net tax capacity shall be 77.16 reduced by the sum of (1) the unique taxing jurisdiction's 77.17 previous net tax capacity of commercial-industrial property as 77.18 defined in section 473F.02, subdivision 3, or276A.02276A.01, 77.19 subdivision 3, multiplied by the ratio determined pursuant to 77.20 section 473F.08, subdivision 6, or 276A.06, subdivision 7, for 77.21 the municipality, as defined in section 473F.02, subdivision 8, 77.22 or276A.06, subdivision 7276A.01, subdivision 8, in which the 77.23 unique taxing jurisdiction is located, (2) the previous net tax 77.24 capacity of the captured value of tax increment financing 77.25 districts as defined in section 469.177, subdivision 2, and (3) 77.26 the previous net tax capacity of transmission lines deducted 77.27 from a local government's total net tax capacity under section 77.28 273.425. Previous net tax capacity cannot be less than zero. 77.29 (d) "Equalized market values" are market values that have 77.30 been equalized by dividing the assessor's estimated market value 77.31 for the second year prior to that in which the aid is payable by 77.32 the assessment sales ratios determined by class in the 77.33 assessment sales ratio study conducted by the department of 77.34 revenue pursuant to section 124.2131 in the second year prior to 77.35 that in which the aid is payable. The equalized market values 77.36 shall equal the unequalized market values divided by the 78.1 assessment sales ratio. 78.2 (e) "Equalized school levies" means the amounts levied for: 78.3 (1) general education under section 124A.23, subdivision 2; 78.4 (2) supplemental revenue under section 124A.22, subdivision 78.5 8a; 78.6 (3) transition revenue under section 124A.22, subdivision 78.7 13c; 78.8 (4) basic transportation under section 124.226, subdivision 78.9 1; and 78.10 (5) referendum revenue under section 124A.03. 78.11 (f) "Current local tax rate" means the quotient derived by 78.12 dividing the taxes levied within a unique taxing jurisdiction 78.13 for taxes payable in the year prior to that for which aids are 78.14 being calculated by the total previous net tax capacity of the 78.15 unique taxing jurisdiction. 78.16 (g) For purposes of calculating and allocating homestead 78.17 and agricultural credit aid authorized pursuant to subdivision 2 78.18 and the disparity reduction aid authorized in subdivision 3, 78.19 "gross taxes levied on all properties," "gross taxes," or "taxes 78.20 levied" means the total net tax capacity based taxes levied on 78.21 all properties except that levied on the captured value of tax 78.22 increment districts as defined in section 469.177, subdivision 78.23 2, and that levied on the portion of commercial industrial 78.24 properties' assessed value or gross tax capacity, as defined in 78.25 section 473F.02, subdivision 3, subject to the areawide tax as 78.26 provided in section 473F.08, subdivision 6, in a unique taxing 78.27 jurisdiction. "Gross taxes" are before any reduction for 78.28 disparity reduction aid but "taxes levied" are after any 78.29 reduction for disparity reduction aid. Gross taxes levied or 78.30 taxes levied cannot be less than zero. 78.31 "Taxes levied" excludes equalized school levies. 78.32 (h) "Household adjustment factor" means the number of 78.33 households for the second most recent year preceding that in 78.34 which the aids are payable divided by the number of households 78.35 for the third most recent year. The household adjustment factor 78.36 cannot be less than one. 79.1 (i) "Growth adjustment factor" means the household 79.2 adjustment factor in the case of counties. In the case of 79.3 cities, towns, school districts, and special taxing districts, 79.4 the growth adjustment factor equals one. The growth adjustment 79.5 factor cannot be less than one. 79.6 (j) "Homestead and agricultural credit base" means the 79.7 previous year's certified homestead and agricultural credit aid 79.8 determined under subdivision 2 less any permanent aid reduction 79.9 in the previous year to homestead and agricultural credit aid. 79.10 (k) "Net tax capacity adjustment" means (1) the tax base 79.11 differential defined in subdivision 1a, multiplied by (2) the 79.12 unique taxing jurisdiction's current local tax rate. The net 79.13 tax capacity adjustment cannot be less than zero. 79.14 (l) "Fiscal disparity adjustment" means a taxing 79.15 jurisdiction's fiscal disparity distribution levy under section 79.16 473F.08, subdivision 3, clause (a), or 276A.06, subdivision 3, 79.17 clause (a), for taxes payable in the year prior to that for 79.18 which aids are being calculated, multiplied by the ratio of the 79.19 tax base differential percent referenced in subdivision 1a for 79.20 the highest class rate for class 3 property for taxes payable in 79.21 the year prior to that for which aids are being calculated to 79.22 the highest class rate for class 3 property for taxes payable in 79.23 the second prior year to that for which aids are being 79.24 calculated. In the case of school districts, the fiscal 79.25 disparity distribution levy shall exclude that part of the levy 79.26 attributable to equalized school levies. 79.27 Sec. 113. [REPEALER; SECTION 273.1398 NOTE.] 79.28 The amendment to section 273.1398, subdivision 1, paragraph 79.29 (c), by Laws 1996, chapter 471, article 11, section 1, is 79.30 repealed. 79.31 Sec. 114. Minnesota Statutes 1996, section 279.01, 79.32 subdivision 3, is amended to read: 79.33 Subd. 3. In the case of class 1b agricultural homestead, 79.34 class 2a agricultural homestead property, and class2b(2)2b(3) 79.35 agricultural nonhomestead property, no penalties shall attach to 79.36 the second one-half property tax payment as provided in this 80.1 section if paid by November 15. Thereafter for class 1b 80.2 agricultural homestead and class 2a homestead property, on 80.3 November 16 following, a penalty of six percent shall accrue and 80.4 be charged on all such unpaid taxes and on December 1 following, 80.5 an additional two percent shall be charged on all such unpaid 80.6 taxes. Thereafter for class2b(2)2b(3) agricultural 80.7 nonhomestead property, on November 16 following, a penalty of 80.8 eight percent shall accrue and be charged on all such unpaid 80.9 taxes and on December 1 following, an additional four percent 80.10 shall be charged on all such unpaid taxes. 80.11 If the owner of class 1b agricultural homestead, class 2a, 80.12 or class2b(2)2b(3) agricultural property receives a 80.13 consolidated property tax statement that shows only an aggregate 80.14 of the taxes and special assessments due on that property and on 80.15 other property not classified as class 1b agricultural 80.16 homestead, class 2a, or class2b(2)2b(3) agricultural property, 80.17 the aggregate tax and special assessments shown due on the 80.18 property by the consolidated statement will be due on November 80.19 15 provided that at least 50 percent of the property's market 80.20 value is classified class 1b agricultural, class 2a, or 80.21 class2b(2)2b(3) agricultural. 80.22 Sec. 115. Minnesota Statutes 1996, section 280.05, is 80.23 amended to read: 80.24 280.05 [PROHIBITED PURCHASERS.] 80.25 A county auditor, county treasurer, court administrator of 80.26 the district court, or county assessor, or deputy or clerk or 80.27 employee of such officer, and a commissioner for tax forfeited 80.28 lands or assistant to such commissioner, may not purchase at 80.29 such sale, or procure an assignment of the right acquired by the 80.30 state in lands bid in for it at such sale, as in this chapter 80.31 provided in sections 280.06 to280.12280.11, either personally, 80.32 or as agent or attorney for any other person, except that such 80.33 officer, deputy, court administrator, employee or commissioner 80.34 for tax forfeited lands or assistant to such commissioner, if an 80.35 owner or lienholder of the lands, may purchase the lands, or 80.36 procure such assignment of the state's right in such lands. 81.1 Sec. 116. Minnesota Statutes 1996, section 280.28, 81.2 subdivision 2, is amended to read: 81.3 Subd. 2. There shall be paid at the time of delivery by 81.4 the person to whom delivered for each certificate issued to an 81.5 actual purchaser undersectionssection 280.03and 280.13a fee 81.6 of $1 and for each notice of expiration of redemption prepared 81.7 by the auditor for the holder of a certificate a fee of $2. 81.8 These fees shall be paid to the county treasurer upon the 81.9 auditor's statement of the amount due. The amount of such fees 81.10 shall be added to the amount payable under section 281.02 upon 81.11 redemption. 81.12 Sec. 117. Minnesota Statutes 1996, section 280.33, is 81.13 amended to read: 81.14 280.33 [CERTIFICATES AND DEEDS AS EVIDENCE; GROUNDS FOR 81.15 SETTING ASIDE.] 81.16 The certificates and deeds issued pursuant to sections 81.17 280.03,and 280.11,280.13, and 280.25,or the record thereof, 81.18 shall be prima facie evidence that the parcel described therein 81.19 was subject to taxation for the year or years therein stated; 81.20 that such parcel was listed and assessed at the time and in the 81.21 manner required by law; that the taxes were levied according to 81.22 law; that the judgment pursuant to which the sale was made was 81.23 duly entered, and that the court had jurisdiction to enter the 81.24 same; that all requirements of law with respect to the sale had 81.25 been complied with; that such parcel had not been redeemed from 81.26 the sale; and of title in the grantee therein after the time for 81.27 redemption has expired; provided, that when any such certificate 81.28 or deed embraces university, school, or other state lands, the 81.29 title whereof is in the state, no other or greater interest 81.30 shall be held to be thereby conveyed than that acquired under 81.31 the certificate of the commissioner of finance. No sale shall 81.32 be set aside or held invalid by reason of any misrecitals in 81.33 such certificate or deed; nor unless the party objecting to the 81.34 same prove either that the taxes were paid before the judgment 81.35 was rendered, or that such parcel was exempt from taxation, or 81.36 that the court rendering the judgment pursuant to which the sale 82.1 was made had not jurisdiction to render the same, or that after 82.2 the judgment and before the sale such judgment had been 82.3 satisfied, or that notice of sale as required by this chapter 82.4 was not given, or that such parcel was not offered at such sale 82.5 to the bidder who would pay the amount for which the parcel was 82.6 to be sold at the lowest rate of interest, as provided in this 82.7 chapter; provided, that every judgment rendered against any 82.8 parcel for a tax which was paid before the entry thereof, or 82.9 when the land was exempt from taxation, shall be void, and all 82.10 sales made under any such judgment or under a judgment which has 82.11 been paid shall be void, and no title or interest in any parcel 82.12 sold under such judgment shall pass or be conveyed to any 82.13 purchaser at such sale. In any action brought to set aside or 82.14 to cancel such sale, or in which the validity of such sale may 82.15 arise, the tax receipt, or the treasurer's duplicate thereof, or 82.16 other record of the payment of such tax in the office of the 82.17 county auditor or the county treasurer, shall be prima facie 82.18 evidence of such payment; but such payment shall not be 82.19 established by parol testimony only. In such action, the county 82.20 in which the land is situated, or the state, if either claim any 82.21 interest in the land sold under such judgment, may be made a 82.22 party defendant, in which case the county attorney shall appear 82.23 in behalf of such county or state, or both. 82.24 Sec. 118. Minnesota Statutes 1996, section 280.35, is 82.25 amended to read: 82.26 280.35 [INVALID CERTIFICATE.] 82.27 If any certificate issued pursuant to sections 280.03,and 82.28 280.11, and 280.13to an actual purchaser prove to be invalid 82.29 for any other cause than that the land described therein was not 82.30 subject to taxation, or that the taxes had been paid prior to 82.31 the sale, or that the assessment or levy was void, the lien of 82.32 the state on the parcel of land sold, as provided in section 82.33 272.31 shall be transferred, without any act whatever, to, and 82.34 vested in, the holder of such certificate, or the holder's 82.35 personal representatives, heirs, or assigns. Such holder, or 82.36 the personal representatives, heirs, or assigns of the holder, 83.1 may collect out of the property covered by such lien, by sale 83.2 thereof by foreclosure, or other proper action or proceeding, 83.3 the amount of taxes, penalties, and interest due thereon at the 83.4 time of such sale, with interest thereon at the rate of 12 83.5 percent per annum, together with the amount of all subsequent 83.6 taxes paid, with interest thereon at said rate, and the costs 83.7 and expenses of such action. 83.8 Sec. 119. Minnesota Statutes 1996, section 281.16, is 83.9 amended to read: 83.10 281.16 [STATED PERIOD OF REDEMPTION.] 83.11 The term "stated period of redemption," as used in sections 83.12 281.16 to281.27281.25, means the period of time specified in 83.13 those sections or in any other law for redemption of lands from 83.14 any tax judgment sale, including any extension of the period 83.15 originally prescribed, but not including any further time 83.16 allowed for redemption on account of requirements for giving 83.17 notice of expiration. 83.18 Sec. 120. Minnesota Statutes 1996, section 281.32, is 83.19 amended to read: 83.20 281.32 [LIMITATION OF TIME FOR FILING CERTIFICATE; 1925 AND 83.21 PRIOR YEARS.] 83.22 No notice of the expiration of the time of redemption upon 83.23 any certificate of tax judgment sale issued to an actual 83.24 purchaser shall be issued or served after the expiration of six 83.25 years from the date of the tax judgment sale described by any 83.26 such certificate, nor shall any such certificate be recorded in 83.27 the office of the county recorder or filed in the office of the 83.28 registrar of titles of the proper county after the expiration of 83.29 seven years from the date of such sale. 83.30 No notice of the expiration of the time of redemption upon 83.31 any state assignment certificate issued under the provisions of 83.32 section 280.11, or upon any certificate issued to an actual83.33purchaser at any forfeited tax sale held under the provisions of83.34sections 280.12, 280.13, and 280.25,shall be issued or served 83.35 after the expiration of six years from the date of such 83.36 certificate, nor shall any such certificate or deed issued 84.1 pursuant thereto be recorded in the office of the county 84.2 recorder after the expiration of seven years from the date of 84.3 such certificate. 84.4 All such certificates upon which such notice of expiration 84.5 of redemption shall not be issued and served and such 84.6 certificates recorded or filed in the office of the proper 84.7 county recorder or registrar of titles within the time limited 84.8 by this section shall be void and of no force and effect for any 84.9 purpose, and failure to serve such notice or record or file such 84.10 certificate within the time herein prescribed shall operate to 84.11 extinguish the lien of the purchaser for the taxes for the year 84.12 or years in such certificate described and appearing and the 84.13 lien of all subsequent taxes paid under such certificate. 84.14 Sec. 121. Minnesota Statutes 1996, section 282.07, is 84.15 amended to read: 84.16 282.07 [AUDITOR TO CANCEL TAXES.] 84.17 Immediately after forfeiture to the state of any parcel of 84.18 land, as provided by sections 281.16 to281.27281.25, the 84.19 county auditor shall cancel all taxes and tax liens appearing 84.20 upon the records, both delinquent and current, and all special 84.21 assessments, delinquent or otherwise. When the interest of a 84.22 purchaser of state trust fund land sold under certificate of 84.23 sale, or of the purchaser's heirs or assigns or successors in 84.24 interest, shall by reason of tax delinquency be transferred to 84.25 the state as provided by law, such interest shall pass to the 84.26 state free from any trust obligation to any taxing district and 84.27 free from all special assessments and such land shall become 84.28 unsold trust fund land. 84.29 Sec. 122. Minnesota Statutes 1996, section 284.04, is 84.30 amended to read: 84.31 284.04 [ACTION TO QUIET TITLE.] 84.32 Any person holding a tax certificate issued under section 84.33 280.03,or 280.11, or 280.13at any time after the expiration of 84.34 the period of redemption from the tax sale on which such 84.35 certificate was issued may commence an action in the district 84.36 court of the county where the land embraced in such certificate 85.1 lies, to quiet title thereto, without taking possession of such 85.2 land; and any person who claims or appears of record to have any 85.3 interest in or lien upon the same, or any part thereof, may be 85.4 made defendant. At the time of the commencement of such action 85.5 the plaintiff shall file a notice of the pendency of the action 85.6 with the county recorder, as provided by law. If it shall 85.7 appear that the plaintiff's title is invalid for any cause other 85.8 than one which renders the taxes embraced in such certificate 85.9 void, the court shall not dismiss such action, but ascertain the 85.10 amount due the plaintiff for all taxes, interest, penalties, and 85.11 costs embraced in such certificate, and of all subsequent taxes, 85.12 penalties, interests, and costs paid by the plaintiff or the 85.13 plaintiff's assignors, with interest thereon at the rate of 12 85.14 percent per annum from the date of such certificate or payment, 85.15 and adjudge the same to be a lien against such land in favor of 85.16 such holder, and direct a sale thereof to satisfy such judgment 85.17 and costs of sale. All the provisions of sections 284.01 to 85.18 284.03, relating to the sales therein provided for and to 85.19 redemptions therefrom, shall be applicable to sales authorized 85.20 by this section. 85.21 Sec. 123. Minnesota Statutes 1996, section 290.091, 85.22 subdivision 6, is amended to read: 85.23 Subd. 6. [CREDIT FOR PRIOR YEARS' LIABILITY.] (a) A credit 85.24 is allowed against the tax imposed by this chapter on 85.25 individuals, trusts, and estates equal to the minimum tax credit 85.26 for the taxable year. The minimum tax credit equals the 85.27 adjusted net minimum tax for taxable years beginning after 85.28 December 31, 1988, reduced by the minimum tax credits allowed in 85.29 a prior taxable year. The credit may not exceed the excess (if 85.30 any) for the taxable year of 85.31 (1) the regular tax, over 85.32 (2) the greater of (i) the tentative alternative minimum 85.33 tax, or (ii) zero. 85.34 (b) The adjusted net minimum tax for a taxable year equals 85.35 the lesser of the net minimum tax or the excess (if any) of 85.36 (1) the tentative minimum tax, over 86.1 (2) seven percent of the sum of 86.2 (i) adjusted gross income as defined in section 62 of the 86.3 Internal Revenue Code, 86.4 (ii) interest income as defined in section 290.01, 86.5 subdivision 19a, clause (1), 86.6 (iii) interest on specified private activity bonds, as 86.7 defined in section 57(a)(5) of the Internal Revenue Code, to the 86.8 extent not included under clause (ii), 86.9 (iv) depletion as defined in section 57(a)(1), determined 86.10 without regard to the last sentence of paragraph (1), of the 86.11 Internal Revenue Code, less 86.12 (v) the deductions provided in subdivision 2, paragraph 86.13 (a), clauses(5), items (i), (ii), and (iii)(1), (2), and (3) 86.14 of the second series of clauses, and 86.15 (vi) the exemption amount determined under subdivision 3. 86.16 In the case of an individual who is not a Minnesota 86.17 resident for the entire year, adjusted net minimum tax must be 86.18 multiplied by the fraction defined in section 290.06, 86.19 subdivision 2c, paragraph (e). In the case of a trust or 86.20 estate, adjusted net minimum tax must be multiplied by the 86.21 fraction defined under subdivision 4, paragraph (b). 86.22 Sec. 124. Minnesota Statutes 1996, section 297A.259, is 86.23 amended to read: 86.24 297A.259 [LOTTERY TICKETS; IN LIEU TAX.] 86.25 Sales of state lottery tickets are exempt from the tax 86.26 imposed under section 297A.02. The state lottery must on or 86.27 before the 20th day of each month transmit to the commissioner 86.28 of revenue an amount equal to the gross receipts from the sale 86.29 of lottery tickets for the previous month multiplied by the 86.30combinedtax rate undersectionssection 297A.02, subdivision 1,86.31and 297A.021, subdivision 1. The resulting payment is in lieu 86.32 of the sales tax that otherwise would be imposed by this chapter. 86.33 The commissioner shall deposit the money transmitted as provided 86.34 by section 297A.44 and the money must be treated as other 86.35 proceeds of the sales tax. Gross receipts for purposes of this 86.36 section mean the proceeds of the sale of tickets before 87.1 deduction of a commission or other compensation paid to the 87.2 vendor or retailer for selling tickets. 87.3 Sec. 125. Minnesota Statutes 1996, section 299C.11, is 87.4 amended to read: 87.5 299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 87.6 (a) The sheriff of each county and the chief of police of 87.7 each city of the first, second, and third classes shall furnish 87.8 the bureau, upon such form as the superintendent shall 87.9 prescribe, with such finger and thumb prints, photographs, 87.10 distinctive physical mark identification data, and other 87.11 identification data as may be requested or required by the 87.12 superintendent of the bureau, which may be taken under the 87.13 provisions of section 299C.10, of persons who shall be convicted 87.14 of a felony, gross misdemeanor, or who shall be found to have 87.15 been convicted of a felony or gross misdemeanor, within ten 87.16 years next preceding their arrest. 87.17 (b) No petition under chapter 609A is required if the 87.18 person has not been convicted of any felony or gross 87.19 misdemeanor, either within or without the state, within the 87.20 period of ten years immediately preceding the determination of 87.21 all pending criminal actions or proceedings in favor of the 87.22 arrested person, and either of the following occurred: 87.23 (1) all charges were dismissed prior to a determination of 87.24 probable cause; or 87.25 (2) the prosecuting authority declined to file any charges 87.26 and a grand jury did not return an indictment. 87.27 Where these conditions are met, the bureau or agency shall, 87.28 upon demand, return to the arrested person finger and thumb 87.29 prints, photographs, distinctive physical mark identification 87.30 data, and other identification data, and all copies and 87.31 duplicates of them. 87.32 (c) Except as otherwise provided in paragraph (b), upon the 87.33 determination of all pending criminal actions or proceedings in 87.34 favor of the arrested person, and the granting of the petition 87.35 of the arrested person under chapter 609A, the bureau shall seal 87.36 finger and thumb prints, photographs, distinctive physical mark 88.1 identification data, and other identification data, and all 88.2 copies and duplicates of them if the arrested person has not 88.3 been convicted of any felony or gross misdemeanor, either within 88.4 or without the state, within the period of ten years immediately 88.5 preceding such determination. 88.6 (d) DNA samples and DNA records of the arrested person 88.7 shall not be returned, sealed, or destroyed as to a charge 88.8 supported by probable cause. 88.9 (e) For purposes of this section, "determination of all 88.10 pending criminal actions or proceedings in favor of the arrested 88.11 person" does not include: 88.12 (1) the sealing of a criminal record pursuant to section 88.13 152.18, subdivision 1, 242.31,609.168,or chapter 609A; 88.14 (2) the arrested person's successful completion of a 88.15 diversion program; 88.16 (3) an order of discharge under section 609.165; or 88.17 (4) a pardon granted under section 638.02. 88.18 Sec. 126. Minnesota Statutes 1996, section 299F.46, 88.19 subdivision 1, is amended to read: 88.20 Subdivision 1. [HOTEL INSPECTION.] (a) It shall be the 88.21 duty of the commissioner of public safety to inspect, or cause 88.22 to be inspected, at least once every three years, every hotel in 88.23 this state; and, for that purpose, the commissioner, or the 88.24 commissioner's deputies, or designated alternates or agents 88.25 shall have the right to enter or have access thereto at any 88.26 reasonable hour; and, when, upon such inspection, it shall be 88.27 found that the hotel so inspected does not conform to or is not 88.28 being operated in accordance with the provisions of sections 88.29 157.011 and 157.15 to 157.22, in so far as the same relate to 88.30 fire prevention or fire protection of hotels, or the rules 88.31 promulgated thereunder, or is being maintained or operated in 88.32 such manner as to violate the uniform fire code promulgated 88.33 pursuant to section 299F.011 or any other law of this state 88.34 relating to fire prevention and fire protection of hotels, the 88.35 commissioner and the deputies or designated alternates or agents 88.36 shall report such a situation to the hotel inspector who shall 89.1 proceed as provided for insections 157.01 to 157.14chapter 157. 89.2 (b) The word "hotel", as used in this subdivision, has the 89.3 meaning given in section 299F.391. 89.4 Sec. 127. Minnesota Statutes 1996, section 299L.02, 89.5 subdivision 1, is amended to read: 89.6 Subdivision 1. [LOTTERY.] (a) The director shall when 89.7 required under chapter 349A or when requested by the director of 89.8 the lottery conduct background checks on employees of the state 89.9 lottery, lottery retailers, and bidders of lottery procurement 89.10 contracts. 89.11 (b) The director shall, when so requested by the director 89.12 of the state lottery or when the director believes it to be 89.13 reasonable and necessary, conduct investigations of lottery 89.14 retailers, applicants for lottery retailer contracts, suppliers 89.15 of goods or services to the state lottery, and persons bidding 89.16 on contracts for goods or services with the state lottery. 89.17 (c) The director shall conduct an annual security audit of 89.18 the state lottery, or arrange for such an audit by an outside 89.19 agency or person, firm, or corporation. The director shall 89.20 report tothe state lottery board andthe director of the 89.21 lottery on the results of the audit. 89.22 Sec. 128. Minnesota Statutes 1996, section 326.2421, 89.23 subdivision 2, is amended to read: 89.24 Subd. 2. [EXEMPTION.] Except as provided in subdivision 3, 89.25 no personexempt under subdivision 1 orlicensed pursuant to 89.26 subdivision 3 may be required to obtain any authorization, 89.27 permit, franchise, or license from, or pay any fee, franchise 89.28 tax, or other assessment to, any agency, department, board, or 89.29 political subdivision of the state as a condition for performing 89.30 any work described herein. The requirements of this section 89.31 shall not apply to telephone companies as defined under section 89.32 237.01 nor to their employees, that are only engaged in the 89.33 laying out, installation, and repair of telephone systems. 89.34 Sec. 129. Minnesota Statutes 1996, section 327A.08, is 89.35 amended to read: 89.36 327A.08 [LIMITATIONS.] 90.1 Notwithstanding any other provision ofLaws 1981, chapter90.2119,sections1 to 10327A.01 to 327A.07: 90.3 (a) The terms of the home improvement warranties required 90.4 byLaws 1981, chapter 119,sections1 to 10327A.01 to 327A.07, 90.5 commence upon completion of the home improvement and the term 90.6 shall not be required to be renewed or extended if the home 90.7 improvement contractor performs additional improvements required 90.8 by warranty; 90.9 (b) The home improvement warranties required byLaws 1981,90.10chapter 119,sections1 to 10327A.01 to 327A.07, shall not 90.11 include products or materials installed that are already covered 90.12 by implied or written warranty; and 90.13 (c) The home improvement warranties required byLaws 1981,90.14chapter 119,sections1 to 10327A.01 to 327A.07, are intended 90.15 to be implied warranties imposing an affirmative obligation upon 90.16 home improvement contractors, andLaws 1981, chapter 119,90.17 sections1 to 10327A.01 to 327A.07, do not require that written 90.18 warranty instruments be created and conveyed to the owner. 90.19 Sec. 130. Minnesota Statutes 1996, section 345.48, 90.20 subdivision 1, is amended to read: 90.21 Subdivision 1. All funds received under sections 345.31 to 90.22 345.60, including the proceeds from the sale of abandoned 90.23 property pursuant to section 345.47, shall forthwith be 90.24 deposited by the commissioner in the general fund of the state 90.25 after deduction of the fees and expenses provided for in section 90.26 345.485; except that unclaimed restitution payments held by a 90.27 court under section 345.38 shall be deposited in the crime 90.28 victim and witness account created in section609.101,90.29subdivision 1611A.612. Before making the deposit the 90.30 commissioner shall record the name and last known address of 90.31 each person appearing from the holders' reports to be entitled 90.32 to the abandoned property and of the name and last known address 90.33 of each policyholder, insured person, or annuitant, and with 90.34 respect to each policy or contract listed in the report of a 90.35 life insurance corporation, its number, the name of the 90.36 corporation, and the amount due. The record shall be available 91.1 for public inspection at all reasonable business hours. 91.2 Sec. 131. Minnesota Statutes 1996, section 349.19, 91.3 subdivision 2a, is amended to read: 91.4 Subd. 2a. [TAX REFUND AND CREDIT ACCOUNT.] (a) Each 91.5 organization that receives a refund or credit under section 91.6 297E.02, subdivision 4, paragraph (d), must establish a separate 91.7 account designated as the tax and credit refund account. The 91.8 organization must (1) within four business days of receiving a 91.9 refund under that paragraph deposit the refund in the account, 91.10 and (2) within four business days of filing a tax return that 91.11 claims a credit under that paragraph, transfer from the separate 91.12 account established under subdivision 2 to the tax refund and 91.13 credit account an amount equal to the tax credit. 91.14 (b) The name and address of the bank, the account number 91.15 for the tax refund and credit account, and the names of 91.16 organization members authorized as signatories on the account 91.17 must be provided to the board within 30 days of the date when 91.18 the organization establishes the account. Changes in the 91.19 information must be submitted to the board at least ten days 91.20 before the change is made. 91.21 (c) The organization may expend money in the account only 91.22 for lawful purposes, other than lawful purposes described in 91.23 section349.012349.12, subdivision 25, paragraph (a), clauses 91.24 (8), (9), and (12). Amounts in the account must be spent for 91.25 qualifying lawful purposes no later than one year after the 91.26 refund is deposited. 91.27 Sec. 132. Minnesota Statutes 1996, section 353.64, 91.28 subdivision 2, is amended to read: 91.29 Subd. 2. Before a governing body may declare a position to 91.30 be that of a police officer, the duties of the person so 91.31 employed must, as a minimum, include employment as an officer of 91.32 a designated police department or sheriff's office or person in 91.33 charge of a designated police department or sheriff's office 91.34 whose primary job it is to enforce the law, who is licensed by 91.35 the Minnesota board of peace officer standards and training 91.36 under sections 626.84 to626.855626.863, who is engaged in the 92.1 hazards of protecting the safety and property of others, and who 92.2 has the power to arrest by warrant. A police officer who is 92.3 periodically assigned to employment duties not within the scope 92.4 of this subdivision may contribute to the public employees 92.5 police and fire fund for all service, if a resolution declaring 92.6 that the primary position held by the person is that of a police 92.7 officer, is adopted by the governing body of the department, and 92.8 is promptly submitted to the executive director. 92.9 Sec. 133. Minnesota Statutes 1996, section 353C.02, is 92.10 amended to read: 92.11 353C.02 [CORRECTIONAL SERVICE EMPLOYEES.] 92.12 A local government correctional service employee is a 92.13 person who: 92.14 (1) meets the definition of "essential employee" in section 92.15 179A.03, subdivision 7, excluding state employees, University of 92.16 Minnesota employees, firefighters, peace officers subject to 92.17 licensure under sections 626.84 to626.855626.863, employees of 92.18 hospitals other than state hospitals, confidential employees, 92.19 supervisory employees other than employees who supervise 92.20 correctional officers and who are stationed at correctional 92.21 facilities or city or county jails, principals, and assistant 92.22 principals; 92.23 (2) is employed by Dakota county, Hennepin county, Ramsey 92.24 county, or Washington county, if the county elects to 92.25 participate under section 353C.04 or by a joint-powers 92.26 correctional agency in which St. Louis county or its 92.27 municipalities participate, if the governing body of the agency 92.28 elects to participate under section 353C.04; 92.29 (3) is a public employee within the meaning of section 92.30 353.01, subdivisions 2 and 2a; and 92.31 (4) is not at the time of the exercise of the participation 92.32 option under section 353C.04 a member of the basic program of 92.33 the public employees retirement association or a member of the 92.34 public employees police and fire fund. 92.35 Sec. 134. Minnesota Statutes 1996, section 354.66, 92.36 subdivision 4, is amended to read: 93.1 Subd. 4. [RETIREMENT CONTRIBUTIONS.] Notwithstanding any 93.2 provision to the contrary in this chapter relating to the salary 93.3 figure to be used for the determination of contributions or the 93.4 accrual of service credit, a teacher assigned to a part-time 93.5 position under this section shall continue to make employee 93.6 contributions to and to accrue allowable service credit in the 93.7 retirement fund during the period of part-time employment on the 93.8 same basis and in the same amounts as would have been paid and 93.9 accrued if the teacher had been employed on a full-time basis 93.10 provided that, prior to June 30 each year, or within 30 days 93.11 after notification by the association of the amount due, 93.12 whichever is later, the member and the employing board make that 93.13 portion of the required employer contribution to the retirement 93.14 fund, in any proportion which they may agree upon, that is based 93.15 on the difference between the amount of compensation that would 93.16 have been paid if the teacher had been employed on a full-time 93.17 basis and the amount of compensation actually received by the 93.18 teacher for the services rendered in the part-time assignment. 93.19 The employing unit shall make that portion of the required 93.20 employer contributions to the retirement fund on behalf of the 93.21 teacher that is based on the amount of compensation actually 93.22 received by the teacher for the services rendered in the 93.23 part-time assignmentin the manner described in section 354.43,93.24subdivision 3. The employee and employer contributions shall be 93.25 based upon the rates of contribution prescribed by section 93.26 354.42. Full accrual of allowable service credit and employee 93.27 contributions for part-time teaching service pursuant to this 93.28 section and section 354A.094 shall not continue for a period 93.29 longer than ten years. 93.30 Sec. 135. Minnesota Statutes 1996, section 383B.78, 93.31 subdivision 3, is amended to read: 93.32 Subd. 3. [REGULATORY ORDINANCES.] (a) The governing bodies 93.33 of counties having a population of more than 450,000, and all 93.34 cities and towns located in the counties may, by ordinance, 93.35 resolution, or bylaw, regulate the use of public bathing beaches 93.36 and public waters where a public bathing beach immediately 94.1 borders for the purpose of bathing, swimming, or congregating 94.2 with others, within their respective territorial limits, in a 94.3 manner that is not inconsistent with this section. 94.4 (b) If a governing body determines that the safety, health, 94.5 morals, or general welfare of the public require, the governing 94.6 body may, by ordinance, resolution, or bylaw, provide that a 94.7 public bathing beach is closed to bathing, swimming, and 94.8 congregating after 9:00a.m.p.m. 94.9 Sec. 136. Minnesota Statutes 1996, section 383D.35, is 94.10 amended to read: 94.11 383D.35 [PROTECTION OF RIGHTS UNDER STATE AND FEDERAL 94.12 LAWS.] 94.13 Subdivision 1. Nothing in sections 383D.21 to383D.3494.14 383D.33 shall be construed to permit or encourage any action or 94.15 conduct prohibited by the Minnesota human rights act or prohibit 94.16 recourse to any remedies provided in the Minnesota human rights 94.17 act or any other state or federal law relating to equal 94.18 employment opportunities. The provisions of those laws shall 94.19 continue to apply to county employment generally, including 94.20 positions excluded from the jurisdiction of the county personnel 94.21 administration system. 94.22 Subd. 2. Nothing in sections 383D.21 to383D.34383D.33 94.23 shall be construed to affect the rights and obligations of an 94.24 employee or employer under sections 179A.01 to 179A.25, or the 94.25 provisions of a contract or agreement executed pursuant to them. 94.26 Subd. 3. Any employee in the unclassified service may be 94.27 demoted or removed from the employee's position in the 94.28 unclassified service without cause and at the discretion and 94.29 pleasure of the appointing authority, but, unless otherwise 94.30 provided by law, no permanent county employee, who has 94.31 successfully completed the employee's probationary period of 94.32 employment with the county, shall be dismissed from employment 94.33 with the county without the establishment of just cause. For 94.34 purposes of this subdivision, just cause includes, but is not 94.35 limited to, failure to perform assigned duties, substandard 94.36 performance, misconduct, insubordination, and violation of 95.1 written policies and procedures. 95.2 Sec. 137. Minnesota Statutes 1996, section 390.35, is 95.3 amended to read: 95.4 390.35 [ELECTION TO FOLLOW SIMPLIFIED INVESTIGATION.] 95.5 Sections 390.31 to 390.35 apply only to counties in which 95.6 the county board elects to be bound by them in lieu of other law 95.7 relating to coroners. In a county in which sections 390.31 to 95.8 390.35 apply, the county board may by resolution resume death 95.9 investigations under sections 390.005 to390.26390.25. The 95.10 board shall then fill the office of coroner as provided by 95.11 section 390.005. 95.12 Sec. 138. Minnesota Statutes 1996, section 412.191, 95.13 subdivision 1, is amended to read: 95.14 Subdivision 1. [COMPOSITION.] The city council in a 95.15 standard plan city shall consist of the mayor, the clerk, and 95.16 the three or five council members. In optional plan cities, 95.17 except those cities having a larger council under repealed 95.18 section 412.023, subdivision 4, the council shall consist of the 95.19 mayor and the four council members. A majority of all the 95.20 members shall constitute a quorum although a smaller number may 95.21 adjourn from time to time. 95.22 Sec. 139. Minnesota Statutes 1996, section 412.581, is 95.23 amended to read: 95.24 412.581 [OFFICERS.] 95.25 In any city operating under Optional Plan A except a city 95.26 having a larger council under repealed section 412.023, 95.27 subdivision 4, the council shall be composed of five or seven 95.28 members consisting, except during the initial period of its 95.29 operation as provided in section 412.571, of the mayor and four 95.30 or six council members and, except as provided in that section, 95.31 the clerk and treasurer or clerk-treasurer shall be appointed by 95.32 the council for indefinite terms. 95.33 Sec. 140. Minnesota Statutes 1996, section 412.631, is 95.34 amended to read: 95.35 412.631 [COMPOSITION OF COUNCIL.] 95.36 In any city operating under Optional Plan B, the council 96.1 shall, except as provided insectionsrepealed section 412.023, 96.2 subdivision 4, and section 412.571, be composed of a mayor and 96.3 four or six council members. 96.4 Sec. 141. Minnesota Statutes 1996, section 422A.01, 96.5 subdivision 18, is amended to read: 96.6 Subd. 18. [LICENSED PEACE OFFICER.] "Licensed peace 96.7 officer," for purposes of section 422A.151, means an employee of 96.8 the metropolitan airports commission who was employed by the 96.9 commission before June 30, 1978, and whose employment duties 96.10 include, at a minimum, full-time service as an officer whose 96.11 primary job it is to enforce the law, who is licensed by the 96.12 Minnesota board of peace officer standards and training under 96.13 sections 626.84 to626.855626.863, who is engaged in the 96.14 hazards of protecting the safety and property of others, and who 96.15 has the power to arrest by warrant. 96.16 Sec. 142. Minnesota Statutes 1996, section 427.02, is 96.17 amended to read: 96.18 427.02 [DEPOSITORIES.] 96.19 The council of any city in this state, but not including 96.20 cities when governed under a charter adopted under and pursuant 96.21 to the Constitution of the state of Minnesota, article IV, 96.22 section 36, and sections 410.03 to 410.24,and 441.01 to 441.09,96.23 and all acts supplemental thereto, in which charter the matter 96.24 of designating depositories for city funds and the protection 96.25 thereof is provided for, or in which charter it shall hereafter 96.26 be provided for, shall have the power and authority to designate 96.27 or redesignate at the beginning of each calendar year, or from 96.28 time to time, the banks or other legal depositories of any city 96.29 in which the treasurer of the city shall deposit and keep the 96.30 moneys of the city, designating in each instance the maximum 96.31 amount which may at any time be kept in any one of these 96.32 depositories, which maximum amount shall in no case exceed 25 96.33 percent of the paid-up capital and surplus of the depository, 96.34 unless the depository shall deposit with the treasurer of the 96.35 city United States government bonds to secure the deposit of the 96.36 funds of the city; and, in that event, the amount so deposited 97.1 shall not exceed the amount of the United States government 97.2 bonds so deposited. No depository shall deposit United States 97.3 government bonds which mature within one year from the date such 97.4 bonds were first considered as a part of the bank's reserve and 97.5 which reserves are required by section 48.221. The council of 97.6 each city shall, at all times, designate depositories in the 97.7 city, or elsewhere in the United States, sufficient for the 97.8 depository of all funds which are likely to be in the hands of 97.9 the treasurer of the city at any one time and shall, so far as 97.10 consistent with the best interest of the city, designate these 97.11 depositories in the city and require from these depositories 97.12 good and sufficient bonds payable to the city in a penal sum not 97.13 to exceed the amount designated as the limit of deposit therein, 97.14 and conditioned for the safekeeping and payment of funds so 97.15 deposited, or, in lieu thereof, good and sufficient collateral 97.16 as provided for by section 118A.03. 97.17 Sec. 143. [REPEALER; SECTIONS 466.01, SUBDIVISIONS 4 AND 97.18 5.] 97.19 Minnesota Statutes 1996, section 466.01, subdivisions 4 and 97.20 5, are repealed. 97.21 Sec. 144. Minnesota Statutes 1996, section 466.03, 97.22 subdivision 6d, is amended to read: 97.23 Subd. 6d. [LICENSING OF PROVIDERS.] A claim against a 97.24 municipality based on the failure of a provider to meet the 97.25 standards needed for a license to operate a day care facility,97.26as defined in section 245.782, subdivision 5,under chapter 245A 97.27 for children, unless the municipality had actual knowledge of a 97.28 failure to meet licensing standards that resulted in a dangerous 97.29 condition that foreseeably threatened the plaintiff. 97.30 Sec. 145. [REPEALER; SECTION 469.033 NOTE.] 97.31 Laws 1994, chapter 416, article 1, section 47, is repealed. 97.32 Sec. 146. Minnesota Statutes 1996, section 469.078, 97.33 subdivision 1, is amended to read: 97.34 Subdivision 1. [MAY USE CHAPTER 458 POWERS GRANTED BY 1980 97.35 LAW.] The city of Minneapolis may exercise those powers of a 97.36 governmental agency or subdivision in sections 469.048 to 98.1 469.068 granted to it by Laws 1980, chapter 595. 98.2 Sec. 147. [REPEALER; SECTION 469.121 NOTE.] 98.3 Laws 1989, chapter 209, article 2, section 42, is repealed. 98.4 Sec. 148. Minnesota Statutes 1996, section 469.141, 98.5 subdivision 3, is amended to read: 98.6 Subd. 3. [WATER WELL REGULATION.] Cities may prohibit, 98.7 restrict, control, and require permits for drilling ofwater98.8 wells as defined in section156A.02103I.005, but the 98.9 construction and abandonment of water wells is governed 98.10 bysections 156A.01 to 156A.10chapter 103I. 98.11 Sec. 149. Minnesota Statutes 1996, section 469.173, 98.12 subdivision 7, is amended to read: 98.13 Subd. 7. [REPEALERAPPLICATION.] Sections 469.169, 98.14 469.171, 469.172, and this sectionare effectiveremain in 98.15 effect only for border city enterprise zones and only until the 98.16 enterprise zone is terminated by resolution adopted by the city 98.17 in which the border city enterprise zone is located. For all 98.18 other enterprise zones, sections 469.169, 469.171, 469.172, and 98.19 this section arerepealed effectiveno longer in effect after 98.20 December 31, 1996. 98.21 Sec. 150. Minnesota Statutes 1996, section 471.9981, 98.22 subdivision 1, is amended to read: 98.23 Subdivision 1. [1988 REPORT.] A home rule charter or 98.24 statutory city or county, referred to in this section as a 98.25 "governmental subdivision," that employs ten or more people and 98.26 that did not submit a report according to repealed section 98.27 471.998, shall submit the report by October 1, 1988, to the 98.28 commissioner of employee relations. 98.29 The plan for implementing equitable compensation for the 98.30 employees must provide for complete implementation not later 98.31 than December 31, 1991, unless a later date has been approved by 98.32 the commissioner. If a report was filed before October 1, 1987, 98.33 and had an implementation date after December 31, 1991, the date 98.34 in the report shall be approved by the commissioner. The plan 98.35 need not contain a market study. 98.36 Sec. 151. [REPEALER; SECTION 471A.02, SUBDIVISIONS 2 AND 99.1 15.] 99.2 Minnesota Statutes 1996, section 471A.02, subdivisions 2 99.3 and 15, are repealed. 99.4 Sec. 152. [REPEALER; SECTION 473.13 NOTE.] 99.5 Laws 1994, chapter 416, article 1, section 51, is repealed. 99.6 Sec. 153. Minnesota Statutes 1996, section 473.206, is 99.7 amended to read: 99.8 473.206 [LOCAL ORDINANCES.] 99.9 Each county, city or town in the metropolitan area shall be 99.10 provided with standards, criteria and suggested model ordinances 99.11 and may, after review and comment by the metropolitan council, 99.12 adopt ordinances which provide for the protection of the 99.13 resourcesdescribed in section 473.204that are the subject of 99.14 the standards, criteria, and model ordinances. 99.15 Sec. 154. Minnesota Statutes 1996, section 473.208, is 99.16 amended to read: 99.17 473.208 [COOPERATION.] 99.18 In adopting and enforcing the ordinances for which 99.19 standards and criteria are provided bysections 473.204 to99.20473.208section 473.206, counties, cities and towns shall 99.21 consult and cooperate with affected soil and water conservation 99.22 districts, watershed districts, and lake conservation districts 99.23 on matters of common concern. 99.24 Sec. 155. [REPEALER; SECTION 473.445 NOTE.] 99.25 Laws 1994, chapter 411, section 4, is repealed. 99.26 Sec. 156. [REPEALER; SECTION 473.638, SUBDIVISION 1.] 99.27 Minnesota Statutes 1996, section 473.638, subdivision 1, is 99.28 repealed. 99.29 Sec. 157. Minnesota Statutes 1996, section 473.638, 99.30 subdivision 2, is amended to read: 99.31 Subd. 2. [RETENTION OR SALE OF PROPERTY.] The commission 99.32 may retain any property now owned by it or acquired under 99.33 subdivision 1 and use it for a lawful purpose, or it may provide 99.34 for the sale or other disposition of the property in accordance 99.35 with a redevelopment plan in the same manner and upon the same 99.36 terms as the housing and redevelopment authority and governing 100.1 body of a municipality under the provisions of section 469.029, 100.2 all subjectto the provisions of section 473.636, subdivision 2,100.3orto existing land use and development control measures 100.4 approved by the council. 100.5 Sec. 158. [REPEALER; SECTION 473.639.] 100.6 Minnesota Statutes 1996, section 473.639, is repealed. 100.7 Sec. 159. [REPEALER; SECTION 473.711 NOTE.] 100.8 Laws 1994, chapter 416, article 1, section 56, is repealed. 100.9 Sec. 160. Minnesota Statutes 1996, section 473.859, 100.10 subdivision 2, is amended to read: 100.11 Subd. 2. [LAND USE PLAN.] A land use plan shall include 100.12 the water management plan required by section 103B.235, and 100.13 shall designate the existing and proposed location, intensity 100.14 and extent of use of land and water, including lakes, wetlands, 100.15 rivers, streams, natural drainage courses, and adjoining land 100.16 areas that affect water natural resources, for agricultural, 100.17 residential, commercial, industrial and other public and private 100.18 purposes, or any combination of such purposes. A land use plan 100.19 shall contain a protection element, as appropriate, for historic 100.20 sites, the matters listed in the water management plan required 100.21 by section 103B.235,and the matters listed in section 473.204,100.22 and an element for protection and development of access to 100.23 direct sunlight for solar energy systems. A land use plan shall 100.24 also include a housing element containing standards, plans and 100.25 programs for providing adequate housing opportunities to meet 100.26 existing and projected local and regional housing needs, 100.27 including but not limited to the use of official controls and 100.28 land use planning to promote the availability of land for the 100.29 development of low and moderate income housing. 100.30 Sec. 161. Minnesota Statutes 1996, section 475.51, 100.31 subdivision 9, is amended to read: 100.32 Subd. 9. [GOVERNING BODY.] "Governing body" means the 100.33 board, council, commission, or other body of the municipality 100.34 charged with the general control of its financial affairs; 100.35 provided, that where any charter or law confers bond issuing 100.36 power on a particular board or body of a municipality, such 101.1 board or body is the governing body under the provisions of 101.2 sections 475.51 to475.75475.74. 101.3 Sec. 162. Minnesota Statutes 1996, section 475.53, 101.4 subdivision 1, is amended to read: 101.5 Subdivision 1. [GENERALLY.] Except as otherwise provided 101.6 in sections 475.51 to475.75475.74, no municipality, except a 101.7 school district or a city of the first class, shall incur or be 101.8 subject to a net debt in excess of two percent of the market 101.9 value of taxable property in the municipality. 101.10 Sec. 163. Minnesota Statutes 1996, section 475.57, is 101.11 amended to read: 101.12 475.57 [INITIATION OF PROCEEDINGS; RESOLUTION.] 101.13 Proceedings for issuing bonds under sections 475.51 to 101.14475.75475.74 shall be initiated by a resolution of the 101.15 governing body of the municipality stating the amount proposed 101.16 to be borrowed and the purpose for which the debt is to be 101.17 incurred. Such resolution may provide for the submission of the 101.18 question to vote of the electors. A town board may adopt such 101.19 resolution without a statement for special town meeting being 101.20 filed with the clerk. 101.21 Sec. 164. Minnesota Statutes 1996, section 475.61, 101.22 subdivision 2, is amended to read: 101.23 Subd. 2. [FILING; CERTIFICATION; ASSESSMENT; EXTENSION.] 101.24 The recording officer of the municipality shall file in the 101.25 office of the county auditor of each county in which any part of 101.26 the municipality is located a certified copy of the resolution, 101.27 together with full information regarding the obligations for 101.28 which the tax is levied. No further action by the municipality 101.29 is required to authorize the extension, assessment and 101.30 collection of the tax, but the municipality's liability on the 101.31 obligations is not limited thereto and its governing body shall 101.32 levy and cause to be extended, assessed and collected any 101.33 additional taxes found necessary for full payment of the 101.34 principal and interest. The county auditor shall forthwith 101.35 certify to the municipality that the obligations have been 101.36 entered in the register required by sections 475.51 to475.75102.1 475.74 and that the tax levy required by sections 475.51 102.2 to475.75475.74 has been made. The auditor shall annually 102.3 assess and extend upon the tax rolls the amount specified for 102.4 such year in the resolution, unless the amount has been reduced 102.5 as authorized below or, if the municipality is located in more 102.6 than one county, the portion thereof which bears the same ratio 102.7 to the whole amount as the net tax capacity of taxable property 102.8 in that part of the municipality located in the auditor's county 102.9 bears to the net tax capacity of all taxable property in the 102.10 municipality. 102.11 Sec. 165. Minnesota Statutes 1996, section 480.242, 102.12 subdivision 2, is amended to read: 102.13 Subd. 2. [REVIEW OF APPLICATIONS; SELECTION OF 102.14 RECIPIENTS.] At times and in accordance with any procedures as 102.15 the supreme court adopts in the form of court rules, 102.16 applications for the expenditure of civil legal services funds 102.17 shall be accepted from qualified legal services programs or from 102.18 local government agencies and nonprofit organizations seeking to 102.19 establish qualified alternative dispute resolution programs. 102.20 The applications shall be reviewed by the advisory committee, 102.21 and the advisory committee, subject to review by the supreme 102.22 court, shall distribute the fundsreceived pursuant to section102.23480.241, subdivision 2,available for this expenditure to 102.24 qualified legal services programs or to qualified alternative 102.25 dispute resolution programs submitting applications. The funds 102.26 shall be distributed in accordance with the following formula: 102.27 (a) Eighty-five percent of the funds distributed shall be 102.28 distributed to qualified legal services programs that have 102.29 demonstrated an ability as of July 1, 1982, to provide legal 102.30 services to persons unable to afford private counsel with funds 102.31 provided by the federal Legal Services Corporation. The 102.32 allocation of funds among the programs selected shall be based 102.33 upon the number of persons with incomes below the poverty level 102.34 established by the United States Census Bureau who reside in the 102.35 geographical area served by each program, as determined by the 102.36 supreme court on the basis of the most recent national census. 103.1 All funds distributed pursuant to this clause shall be used for 103.2 the provision of legal services in civil and farm legal 103.3 assistance matters as prioritized by program boards of directors 103.4 to eligible clients. 103.5 (b) Fifteen percent of the funds distributed may be 103.6 distributed (1) to other qualified legal services programs for 103.7 the provision of legal services in civil matters to eligible 103.8 clients, including programs which organize members of the 103.9 private bar to perform services and programs for qualified 103.10 alternative dispute resolution, (2) to programs for training 103.11 mediators operated by nonprofit alternative dispute resolution 103.12 corporations, or (3) to qualified legal services programs to 103.13 provide family farm legal assistance for financially distressed 103.14 state farmers. The family farm legal assistance must be 103.15 directed at farm financial problems including, but not limited 103.16 to, liquidation of farm property including bankruptcy, farm 103.17 foreclosure, repossession of farm assets, restructuring or 103.18 discharge of farm debt, farm credit and general debtor-creditor 103.19 relations, and tax considerations. If all the funds to be 103.20 distributed pursuant to this clause cannot be distributed 103.21 because of insufficient acceptable applications, the remaining 103.22 funds shall be distributed pursuant to clause (a). 103.23 A person is eligible for legal assistance under this 103.24 section if the person is an eligible client as defined in 103.25 section 480.24, subdivision 2, or: 103.26 (1) is a state resident; 103.27 (2) is or has been a farmer or a family shareholder of a 103.28 family farm corporation within the preceding 24 months; 103.29 (3) has a debt-to-asset ratio greater than 50 percent; 103.30 (4) has a reportable federal adjusted gross income of 103.31 $15,000 or less in the previous year; and 103.32 (5) is financially unable to retain legal representation. 103.33 Qualifying farmers and small business operators whose bank 103.34 loans are held by the Federal Deposit Insurance Corporation are 103.35 eligible for legal assistance under this section. 103.36 Sec. 166. Minnesota Statutes 1996, section 500.24, 104.1 subdivision 3, is amended to read: 104.2 Subd. 3. [CORPORATE FARMING, AG LAND OWNERSHIP 104.3 RESTRICTED.] No corporation, limited liability company, pension 104.4 or investment fund, or limited partnership shall engage in 104.5 farming; nor shall any corporation, limited liability company, 104.6 pension or investment fund, or limited partnership, directly or 104.7 indirectly, own, acquire, or otherwise obtain an interest, 104.8 whether legal, beneficial or otherwise, in any title to real 104.9 estate used for farming or capable of being used for farming in 104.10 this state. Livestock that are delivered for slaughter or 104.11 processing may be fed and cared for by a corporation up to 20 104.12 days prior to slaughter or processing. Provided, however, that 104.13 the restrictions in this subdivision do not apply to 104.14 corporations or partnerships in clause (b) and do not apply to 104.15 corporations, limited partnerships, and pension or investment 104.16 funds that record its name and the particular exception under 104.17 clauses (a) to(s)(r) under which the agricultural land is 104.18 owned or farmed, have a conservation plan prepared for the 104.19 agricultural land, report as required under subdivision 4, and 104.20 satisfy one of the following conditions under clauses (a) 104.21 to(s)(r): 104.22 (a) a bona fide encumbrance taken for purposes of security; 104.23 (b) a family farm corporation, an authorized farm 104.24 corporation, a family farm partnership, or an authorized farm 104.25 partnership as defined in subdivision 2 or a general 104.26 partnership; 104.27 (c) agricultural land and land capable of being used for 104.28 farming owned by a corporation as of May 20, 1973, or a pension 104.29 or investment fund as of May 12, 1981, including the normal 104.30 expansion of such ownership at a rate not to exceed 20 percent 104.31 of the amount of land owned as of May 20, 1973, or, in the case 104.32 of a pension or investment fund, as of May 12, 1981, measured in 104.33 acres, in any five-year period, and including additional 104.34 ownership reasonably necessary to meet the requirements of 104.35 pollution control rules; 104.36 (d) agricultural land operated for research or experimental 105.1 purposes with the approval of the commissioner of agriculture, 105.2 provided that any commercial sales from the operation must be 105.3 incidental to the research or experimental objectives of the 105.4 corporation. A corporation, limited partnership, or pension or 105.5 investment fund seeking to operate agricultural land for 105.6 research or experimental purposes must submit to the 105.7 commissioner a prospectus or proposal of the intended method of 105.8 operation, containing information required by the commissioner 105.9 including a copy of any operational contract with individual 105.10 participants, prior to initial approval of an operation. A 105.11 corporation, limited partnership, or pension or investment fund 105.12 operating agricultural land for research or experimental 105.13 purposes prior to May 1, 1988, must comply with all requirements 105.14 of this clause except the requirement for initial approval of 105.15 the project; 105.16 (e) agricultural land operated by a corporation or limited 105.17 partnership for the purpose of raising breeding stock, including 105.18 embryos, for resale to farmers or operated for the purpose of 105.19 growing seed, wild rice, nursery plants or sod. An entity that 105.20 is organized to raise livestock other than dairy cattle under 105.21 this clause that does not meet the definition requirement for an 105.22 authorized farm corporation must: 105.23 (1) sell all castrated animals to be fed out or finished to 105.24 farming operations that are neither directly nor indirectly 105.25 owned by the business entity operating the breeding stock 105.26 operation; and 105.27 (2) report its total production and sales annually to the 105.28 commissioner of agriculture; 105.29 (f) agricultural land and land capable of being used for 105.30 farming leased by a corporation or limited partnership in an 105.31 amount, measured in acres, not to exceed the acreage under lease 105.32 to such corporation as of May 20, 1973, or to the limited 105.33 partnership as of May 1, 1988, and the additional acreage 105.34 required for normal expansion at a rate not to exceed 20 percent 105.35 of the amount of land leased as of May 20, 1973, for a 105.36 corporation or May 1, 1988, for a limited partnership in any 106.1 five-year period, and the additional acreage reasonably 106.2 necessary to meet the requirements of pollution control rules; 106.3 (g) agricultural land when acquired as a gift (either by 106.4 grant or a devise) by an educational, religious, or charitable 106.5 nonprofit corporation or by a pension or investment fund or 106.6 limited partnership; provided that all lands so acquired by a 106.7 pension or investment fund, and all lands so acquired by a 106.8 corporation or limited partnership which are not operated for 106.9 research or experimental purposes, or are not operated for the 106.10 purpose of raising breeding stock for resale to farmers or 106.11 operated for the purpose of growing seed, wild rice, nursery 106.12 plants or sod must be disposed of within ten years after 106.13 acquiring title thereto; 106.14 (h) agricultural land acquired by a pension or investment 106.15 fund or a corporation other than a family farm corporation or 106.16 authorized farm corporation, as defined in subdivision 2, or a 106.17 limited partnership other than a family farm partnership or 106.18 authorized farm partnership as defined in subdivision 2, for 106.19 which the corporation or limited partnership has documented 106.20 plans to use and subsequently uses the land within six years 106.21 from the date of purchase for a specific nonfarming purpose, or 106.22 if the land is zoned nonagricultural, or if the land is located 106.23 within an incorporated area. A pension or investment fund or a 106.24 corporation or limited partnership may hold such agricultural 106.25 land in such acreage as may be necessary to its nonfarm business 106.26 operation; provided, however, that pending the development of 106.27 agricultural land for nonfarm purposes, such land may not be 106.28 used for farming except under lease to a family farm unit, a 106.29 family farm corporation, an authorized farm corporation, a 106.30 family farm partnership, or an authorized farm partnership, or 106.31 except when controlled through ownership, options, leaseholds, 106.32 or other agreements by a corporation which has entered into an 106.33 agreement with the United States of America pursuant to the New 106.34 Community Act of 1968 (Title IV of the Housing and Urban 106.35 Development Act of 1968, United States Code, title 42, sections 106.36 3901 to 3914) as amended, or a subsidiary or assign of such a 107.1 corporation; 107.2 (i) agricultural lands acquired by a pension or investment 107.3 fund or a corporation or limited partnership by process of law 107.4 in the collection of debts, or by any procedure for the 107.5 enforcement of a lien or claim thereon, whether created by 107.6 mortgage or otherwise; provided, however, that all lands so 107.7 acquired be disposed of within ten years after acquiring the 107.8 title if acquired before May 1, 1988, and five years after 107.9 acquiring the title if acquired on or after May 1, 1988, 107.10 acquiring the title thereto, and further provided that the land 107.11 so acquired shall not be used for farming during the ten-year or 107.12 five-year period except under a lease to a family farm unit, a 107.13 family farm corporation, an authorized farm corporation, a 107.14 family farm partnership, or an authorized farm partnership. The 107.15 aforementioned ten-year or five-year limitation period shall be 107.16 deemed a covenant running with the title to the land against any 107.17 grantee, assignee, or successor of the pension or investment 107.18 fund, corporation, or limited partnership. Notwithstanding the 107.19 five-year divestiture requirement under this clause, a financial 107.20 institution may continue to own the agricultural land if the 107.21 agricultural land is leased to the immediately preceding former 107.22 owner, but must divest of the agricultural land within the 107.23 ten-year period. Livestock acquired by a pension or investment 107.24 fund, corporation, or limited partnership in the collection of 107.25 debts, or by a procedure for the enforcement of lien or claim on 107.26 the livestock whether created by security agreement or otherwise 107.27 after August 1, 1994, must be sold or disposed of within one 107.28 full production cycle for the type of livestock acquired or 18 107.29 months after the livestock is acquired, whichever is later; 107.30 (j) agricultural land acquired by a corporation regulated 107.31 under the provisions of Minnesota Statutes 1974, chapter 216B, 107.32 for purposes described in that chapter or by an electric 107.33 generation or transmission cooperative for use in its business, 107.34 provided, however, that such land may not be used for farming 107.35 except under lease to a family farm unit, a family farm 107.36 corporation, or a family farm partnership; 108.1 (k) agricultural land, either leased or owned, totaling no 108.2 more than 2,700 acres, acquired after May 20, 1973, for the 108.3 purpose of replacing or expanding asparagus growing operations, 108.4 provided that such corporation had established 2,000 acres of 108.5 asparagus production; 108.6 (l) all agricultural land or land capable of being used for 108.7 farming which was owned or leased by an authorized farm 108.8 corporation as defined in Minnesota Statutes 1974, section 108.9 500.24, subdivision 1, clause (d), but which does not qualify as 108.10 an authorized farm corporation as defined in subdivision 2, 108.11 clause (d); 108.12 (m) a corporation formed primarily for religious purposes 108.13 whose sole income is derived from agriculture; 108.14 (n) agricultural land owned or leased by a corporation 108.15 prior to August 1, 1975, which was exempted from the restriction 108.16 of this subdivision under the provisions of Laws 1973, chapter 108.17 427, including normal expansion of such ownership or leasehold 108.18 interest to be exercised at a rate not to exceed 20 percent of 108.19 the amount of land owned or leased on August 1, 1975, in any 108.20 five-year period and the additional ownership reasonably 108.21 necessary to meet requirements of pollution control rules; 108.22 (o) agricultural land owned or leased by a corporation 108.23 prior to August 1, 1978, including normal expansion of such 108.24 ownership or leasehold interest, to be exercised at a rate not 108.25 to exceed 20 percent of the amount of land owned or leased on 108.26 August 1, 1978, and the additional ownership reasonably 108.27 necessary to meet requirements of pollution control rules, 108.28 provided that nothing herein shall reduce any exemption 108.29 contained under the provisions of Laws 1975, chapter 324, 108.30 section 1, subdivision 2; 108.31 (p) an interest in the title to agricultural land acquired 108.32 by a pension fund or family trust established by the owners of a 108.33 family farm, authorized farm corporation or family farm 108.34 corporation, but limited to the farm on which one or more of 108.35 those owners or shareholders have resided or have been actively 108.36 engaged in farming as required by subdivision 2, clause (b), 109.1 (c), or (d); 109.2 (q)agricultural land owned by a nursing home located in a109.3city with a population, according to the state demographer's109.41985 estimate, between 900 and 1,000, in a county with a109.5population, according to the state demographer's 1985 estimate,109.6between 18,000 and 19,000, if the land was given to the nursing109.7home as a gift with the expectation that it would not be sold109.8during the donor's lifetime. This exemption is available until109.9July 1, 1995;109.10(r)the acreage of agricultural land and land capable of 109.11 being used for farming owned and recorded by an authorized farm 109.12 corporation as defined in Minnesota Statutes 1986, section 109.13 500.24, subdivision 2, paragraph (d), or a limited partnership 109.14 as of May 1, 1988, including the normal expansion of the 109.15 ownership at a rate not to exceed 20 percent of the land owned 109.16 and recorded as of May 1, 1988, measured in acres, in any 109.17 five-year period, and including additional ownership reasonably 109.18 necessary to meet the requirements of pollution control 109.19 rules; or 109.20(s)(r) agricultural land owned or leased as a necessary 109.21 part of an aquatic farm as defined in section 17.47, subdivision 109.22 3. 109.23 Sec. 167. Minnesota Statutes 1996, section 508A.01, 109.24 subdivision 3, is amended to read: 109.25 Subd. 3. [DEFINITION.] For the purposes of sections 109.26 508A.01 to 508A.85, the term "possessory estate in land" means a 109.27 fee simple estate held by an owner who (1) has been found on 109.28 examination by the examiner of titles pursuant to section 109.29 508A.13 to be the record owner of the land described; and (2) 109.30 has satisfied the examiner of titles that the owner is in actual 109.31 or constructive possession of the land described. 109.32 Sec. 168. Minnesota Statutes 1996, section 524.2-402, is 109.33 amended to read: 109.34 524.2-402 [DESCENT OF HOMESTEAD.] 109.35 (a) If there is a surviving spouse, the homestead, 109.36 including a manufactured home which is the family residence, 110.1 descends free from any testamentary or other disposition of it 110.2 to which the spouse has not consented in writing or as provided 110.3 by law, as follows: 110.4 (1) if there is no surviving descendant of decedent, to the 110.5 spouse; or 110.6 (2) if there are surviving descendants of decedent, then to 110.7 the spouse for the term of the spouse's natural life and the 110.8 remainder in equal shares to the decedent's descendants by 110.9 representation. 110.10 (b) If there is no surviving spouse and the homestead has 110.11 not been disposed of by will it descends as other real estate. 110.12 (c) If the homestead passes by descent or will to the 110.13 spouse or decedent's descendants, it is exempt from all debts 110.14 which were not valid charges on it at the time of decedent's 110.15 death except that the homestead is subject to a claim filed 110.16 pursuant to section 246.53 for state hospital care or 256B.15 110.17 for medical assistance benefits. If the homestead passes to a 110.18 person other than a spouse or decedent's descendants, it is 110.19 subject to the payment ofthe items mentioned in section110.20524.2-101the expenses of administration, funeral expenses, 110.21 expenses of last illness, taxes, and debts. No lien or other 110.22 charge against a homestead so exempted is enforceable in the 110.23 probate court, but the claimant may enforce the lien or charge 110.24 by an appropriate action in the district court. 110.25 (d) For purposes of this section, except as provided in 110.26 section 524.2-301, the surviving spouse is deemed to consent to 110.27 any testamentary or other disposition of the homestead to which 110.28 the spouse has not previously consented in writing unless the 110.29 spouse files in the manner provided in section 524.2-211, 110.30 paragraph (f), a petition that asserts the homestead rights 110.31 provided to the spouse by this section. 110.32 Sec. 169. Minnesota Statutes 1996, section 525.152, 110.33 subdivision 1, is amended to read: 110.34 Subdivision 1. [DEFINITIONS.] (a) "Eligible child" means a 110.35 child of the decedent who: 110.36 (1) is not the child of the surviving spouse, if any; 111.1 (2) if there is no surviving spouse, is not a minor, and 111.2 has a different parent than minor children of the decedentwho111.3are entitled to an allowance selection under section 525.15,111.4clause (3); and 111.5 (3) if the decedent dies testate, is a devisee under the 111.6 decedent's will. 111.7 (b) "Sentimental value" means significant emotional or 111.8 nostalgic value arising out of the relationship of an individual 111.9 with the decedent or arising out of the relationship of the 111.10 eligible child with the individual who is the nondecedent parent 111.11 of the eligible child. 111.12 Sec. 170. Minnesota Statutes 1996, section 525.152, 111.13 subdivision 2, is amended to read: 111.14 Subd. 2. [INELIGIBLE PROPERTY.] The following property is 111.15 not eligible for an award under this section: 111.16 (1) real property; 111.17 (2) personal property that is the subject of a specific 111.18 devise under the decedent's will where the will was executed 111.19 before August 1, 1989, and where the devise specifically 111.20 identifies the particular item of property, unless the property 111.21 is selected under section525.151524.2-403; 111.22 (3) personal property that is the subject of a specific 111.23 devise under a separate writing under section 524.2-513, unless 111.24 the property is selected under section525.151524.2-403; and 111.25 (4) personal property disposed of by a premarital agreement. 111.26 Sec. 171. Minnesota Statutes 1996, section 525.152, 111.27 subdivision 3, is amended to read: 111.28 Subd. 3. [NOTICE TO ELIGIBLE CHILDREN; PETITION.] At the 111.29 time of an allowance selection under section525.151524.2-403, 111.30 the person making the selection shall serve personally or by 111.31 mail a written itemized notice of the property selected to every 111.32 eligible child of the decedent. This requirement does not apply 111.33 if an award of property with sentimental value already has been 111.34 made under this section. Within 30 days of receipt of the 111.35 notice of selection, an eligible child may petition the court to 111.36 award property with sentimental value contained in the notice, 112.1 or other property with sentimental value that belonged to the 112.2 decedent, to the eligible child. 112.3 Sec. 172. [REVISOR'S INSTRUCTION; SECTIONS 626.843 TO 112.4 626.88.] 112.5 The revisor shall change the citation from section 626.855 112.6 to section 626.863 in the following sections of Minnesota 112.7 Statutes: 626.843; 626.845; 626.846; 626.847; 626.851; and 112.8 626.88. 112.9 Sec. 173. Laws 1995, chapter 220, section 7, subdivision 112.10 3, is amended to read: 112.11 Subd. 3. Promotion and Marketing 112.12 1,146,000 1,146,000 112.13 Summary by Fund 112.14 General 954,000 954,000 112.15 Special Revenue 192,000 192,000 112.16 Notwithstanding Minnesota Statutes, 112.17 section 41A.09, subdivision33a, the 112.18 total payments from the ethanol 112.19 development account to all producers 112.20 may not exceed $25,000,000 for the 112.21 biennium ending June 30, 1997. If the 112.22 total amount for which all producers 112.23 are eligible in a quarter exceeds the 112.24 amount available for payments, the 112.25 commissioner shall make the payments on 112.26 a pro rata basis. 112.27 $100,000 the first year and $100,000 112.28 the second year are for ethanol 112.29 promotion and public education. 112.30 $100,000 the first year and $100,000 112.31 the second year must be spent for the 112.32 WIC coupon program. 112.33 $71,000 the first year and $71,000 the 112.34 second year are for transfer to the 112.35 Minnesota grown matching account and 112.36 may be used as grants for Minnesota 112.37 grown promotion under Minnesota 112.38 Statutes, section 17.109. 112.39 $192,000 the first year and $192,000 112.40 the second year are from the 112.41 commodities research and promotion 112.42 account in the special revenue fund. 112.43 Sec. 174. Laws 1996, chapter 310, section 1, is amended to 112.44 read: 112.45 Section 1. [REPEALER.] 112.46 Minnesota Statutes 1994, sections 1.17; 1.25; 1.331; 3.85, 112.47 subdivision 7; 4.02; 4.45; 6.26; 10.05; 10.38; 15.07; 15.09; 113.1 15.14; 15.15; 15.793; 15A.083, subdivisions 2 and 3; 15A.15; 113.2 17.14, subdivision 2; 17.351, subdivision 2; 17.47, subdivision 113.3 5; 17.53, subdivisions 4 and 11; 17.693, subdivisions 3 and 7; 113.4 17.81, subdivision 6; 17.981; 17A.03, subdivision 4; 18.46, 113.5 subdivision 14; 18.58; 18.77, subdivision 2; 18B.01, subdivision 113.6 16; 18B.065, subdivision 6; 18B.08, subdivision 5; 18C.105; 113.7 18C.531, subdivisions 6, 11, 19, 20, and 27; 19.50, subdivision 113.8 16; 19.64, subdivision 5; 21.72, subdivision 2; 21.81, 113.9 subdivision 18; 24.135, subdivisions 6 and 7; 24.165; 25.33, 113.10 subdivision 2; 25.44; 25.46; 27.01, subdivisions 1, 3, 6, and 113.11 and 9; 27.137, subdivisions 2, 3, 4, 6, and 8; 27.15; 29.21, 113.12 subdivision 2; 30.01, subdivision 2; 31.51, subdivisions 10 and 113.13 12; 31.782, subdivision 2; 31.92, subdivision 1a; 31A.02, 113.14 subdivision 3; 31A.30; 32.01, subdivisions 3 and 4; 32.077; 113.15 32.101; 32.201; 32.205; 32.207; 32.398, subdivision 2; 32.401, 113.16 subdivision 4; 32.411, subdivision 6; 32.471, subdivision 2; 113.17 32.485; 32.531, subdivisions 2, 3, and 4; 35.01, subdivision 4; 113.18 35.73, subdivision 3; 42.02, subdivision 2; 42.06, subdivision 113.19 4; 42.09, subdivision 3; 43A.082; 43A.27, subdivision 6; 113.20 43A.317, subdivision 11; 43A.47; 47.202; 62D.12, subdivision 12; 113.21 84.024; 84.083, subdivision 2; 87.01; 89.013; 89.014; 90.005, 113.22 subdivisions 1, 4, and 5; 115A.06, subdivision 4; 115A.08; 113.23 115A.09; 115A.14, subdivisions 1, 2, and 3; 115A.201; 115A.21; 113.24 115A.22; 115A.241; 115A.25; 115A.26; 115A.27; 115A.28, 113.25 subdivision 1; 115A.29; 115A.291; 115A.97, subdivision 4; 113.26 116J.974; 116J.981; 116J.986; 118.02; 118.08; 119.04, 113.27 subdivision 4; 124B.02; 124B.10; 124B.20, subdivisions 2 and 3; 113.28 136A.179; 137.03; 137.05; 137.06; 137.07; 137.08; 137.11; 113.29 137.14; 137.15; 137.33; 137.34, subdivision 2; 141.33; 141.34; 113.30 148B.34; 152.151; 161.041; 161.086; 166.01; 166.02; 166.03; 113.31 166.05; 166.06; 166.07; 166.08; 166.09; 166.10; 169.72, 113.32 subdivision 3; 175.001, subdivision 5; 175.002; 175.003; 113.33 175.004; 175.005; 175.006, subdivision 4; 175.34; 176.1011; 113.34 177.34; 186.01; 186.02; 186.03; 186.04; 186.05; 186.06; 186.07; 113.35 186.08; 190.10; 191.09; 193.145, subdivision 1; 196.06, 113.36 subdivision 2; 196.10; 196.11; 196.14; 196.15; 197.971; 197.972; 114.1 197.973; 197.974; 197.975; 197.976; 197.977; 197.978; 197.979; 114.2 197.98; 197.981; 197.982; 197.983; 197.984; 197.985; 197.986; 114.3 198.002, subdivision 4; 202A.17; 216C.19, subdivisions 10, 11, 114.4 and 12; 216C.21; 216C.22; 216C.23; 216C.24; 246.44; 246.45; 114.5 246.46; 251.011, subdivisions 1, 4, 4a, 7, and 8; 254.02; 114.6 256B.56; 256B.57; 256B.58; 256B.59; 256B.60; 256B.61; 256B.62; 114.7 256B.63; 256E.07, subdivision 1a; 256E.08, subdivision 9; 114.8 261.251; 275.064; 280.12; 280.13; 280.25; 280.26; 281.15; 114.9 281.26; 281.27; 295.01; 298.226; 298.244; 299D.01, subdivision 114.10 5; 299F.01, subdivision 3; 345.20, subdivision 6; 352B.265; 114.11 353.011; 367.411; 367.43; 373.013; 373.045; 374.03; 374.04; 114.12 374.06; 374.07; 374.22; 374.23; 375.24; 375.383; 375.435; 114.13 377.01; 377.03; 377.05; 383A.07, subdivisions 11, 21, 22, and 114.14 25; 383A.09; 383A.10; 383A.15; 383A.34; 383A.44; 383B.227; 114.15 383B.233; 383B.69; 383C.054; 383C.057; 383C.058; 383D.15; 114.16 383D.34; 383D.67; 386.375, subdivision 6; 388.19, subdivision 2; 114.17 390.26; 397.05; 397.06; 397.07; 397.08; 397.09; 397.10; 397.101; 114.18 397.102; 412.015, subdivision 1; 412.018, subdivision 2; 114.19 412.023, subdivision 4; 412.092; 441.01; 441.02; 441.03; 441.04; 114.20 441.05; 441.06; 441.07; 441.08; 441.09; 446A.10; 457.13; 114.21 458.1931; 458D.13; 465.681; 466.10; 466.12, subdivision 4; 114.22 471.74, subdivisions 1 and 3; 471.9975; 471.998; 471A.07; 114.23 473.204; 473.418; 473.608, subdivision 20; 473.855; 474.22; 114.24 475.75; 477A.011, subdivision 2; 477A.012, subdivisions 1, 3, 4, 114.25 7, and 8; 477A.013, subdivision 6; 477A.014, subdivision 1a; 114.26 487.12; 515B.1-110; 515B.1-111; 557.022; 611A.07, subdivision 2; 114.27 611A.23; 611A.42; 611A.44; 626.559, subdivision 4; 626.563, as 114.28 amended by Laws 1995, chapter 259, article 3, section 22; 114.29 626.855; and 641.111; Minnesota Statutes 1995 Supplement, 114.30 sections 17A.091, subdivision 2; 115A.14, subdivision 4; 114.31 124B.01; 124B.03; 124B.20, subdivision 1; 135A.10, subdivision 114.32 1; 136A.043; 471.74, subdivision 2; 474.191; 477A.012, 114.33 subdivision 2, are repealed. 114.34 ARTICLE 2 114.35 ABOLISHED REPORTS 114.36 PART A 115.1 Section 1. [IMPLEMENTING LAWS 1995, CHAPTER 248, ARTICLE 115.2 1.] 115.3 Subdivision 1. [INTENT.] This article implements Laws 115.4 1995, chapter 248, article 1, by 115.5 (1) conforming Minnesota Statutes, beginning in section 2, 115.6 to reflect the abolition of certain reporting requirements; 115.7 (2) listing, in subdivision 2, statutory citations to 115.8 reporting requirements retained by notification to the revisor 115.9 from committee chairs; 115.10 (3) listing, in subdivision 3, statutory citations to 115.11 reporting requirements which were, in 1995 or 1996, repealed, 115.12 stricken, or amended in a way suggesting continuation; 115.13 (4) listing, in subdivision 4, the status of all sections 115.14 in the original report not otherwise accounted for; and 115.15 (5) drafting conforming amendments in part B to account for 115.16 repeals listed in section 67. 115.17 Subd. 2. [REPORTS RETAINED BY COMMITTEE CHAIRS.] The 115.18 reporting requirements in these statutes were retained by 115.19 notification to the revisor from committee chairs: 3.30, 115.20 subdivision 2; 3.885, subdivision 5; 10.48; 69.051, subdivision 115.21 4; 84.154, subdivisions 4 and 5; 84B.11, subdivision 2; 115A.38, 115.22 subdivision 3; 116P.05, subdivision 2; 116P.06, subdivision 2; 115.23 121.81; 134.22; 135A.20; 240.18, subdivision 2; 270.74; 115.24 462A.207, subdivision 8; 473.123, subdivision 3; and 473.303. 115.25 Subd. 3. [REPORTS REPEALED, STRICKEN, OR RETAINED BY 115.26 AMENDMENT.] (a) Reporting requirements in these statutes 115.27 requiring periodic reports were repealed or stricken by 115.28 amendment in 1995 or 1996: 3.846; 3.861; 3.863; 3.885, 115.29 subdivision 1a; 3.9227; 14.115; 14.12; 14.32; 62N.34; 85.019; 115.30 103B.255, subdivision 9; 115A.165; 115A.551, subdivision 4 115.31 (report from metropolitan council); 116C.69, subdivision 3; 115.32 121.703, subdivision 3; 121.710, subdivision 2; 121.931, 115.33 subdivisions 3 and 4; 125.05, subdivision 7; 126.019, 115.34 subdivision 2; 126B.02; 135A.09; 136.142; 136.41; 136.507; 115.35 136A.02, subdivision 6; 136A.04, subdivision 1; 136A.041; 115.36 136A.42; 136A.86, subdivision 2; 136E.04, subdivision 3; 137.38, 116.1 subdivision 5; 144.874; 144.878; 144A.31, subdivision 5; 116.2 148C.035, subdivision 2; 168.33, subdivision 5; 245.494, 116.3 subdivision 2; 245.98, subdivision 3; 256.734, subdivision 3; 116.4 256B.0925, subdivision 3; and 393.07, subdivision 10 (note). 116.5 (b) Reporting requirements in these statutes were amended 116.6 in 1995 or 1996 in a way that did not indicate a clear intent to 116.7 abolish the reporting requirement: 13.06, subdivision 7; 14.08; 116.8 16B.75 (the report in article IX was mistakenly indicated as 116.9 being in article IV in the initial report); 144.05; 256C.28, 116.10 subdivisions 3, now 3a; and 6; and 299C.065, subdivisions 3 and 116.11 3a. 116.12 Subd. 4. [OTHER.] (a) The reporting requirement in section 116.13 115A.9157 is not imposed on a state agency and was mistakenly 116.14 included in "Required Periodic Reports to the Legislature." 116.15 (b) There are no explicit words requiring a report to the 116.16 legislature in sections 241.45, subdivision 2, and 360.015, 116.17 subdivision 8. 116.18 (c) Laws 1995, chapter 248, article 1, mistakenly refers to 116.19 section 17.114, subdivision 15, which should be section 17.117, 116.20 subdivision 15; section 469.055, subdivision 1, which should be 116.21 subdivision 2; and section 462A.207, subdivision 6, which should 116.22 be subdivision 8. 116.23 (d) No separate report is required by section 214.07, 116.24 subdivision 1a. 116.25 (e) A report required by section 10A.035, was required to 116.26 be saved by Laws 1995, chapter 248, article 1. There is no 116.27 section 10A.035. It is assumed that section 10A.335 was the 116.28 intended reference so the report in section 10A.335 is not 116.29 abolished. 116.30 (f) The following sections containing abolished reporting 116.31 requirements were renumbered: (1) 256H.195 to 119B.17, (2) 116.32 257.803 to 119A.13, and (3) 299A.30 to 119A.26. 116.33 Sec. 2. Minnesota Statutes 1996, section 3.873, 116.34 subdivision 5, is amended to read: 116.35 Subd. 5. [INFORMATION COLLECTION; INTERGOVERNMENTAL 116.36 COORDINATION.] (a) The commission may conduct public hearings 117.1 and otherwise collect data and information necessary to its 117.2 purposes. 117.3 (b) The commission may request information or assistance 117.4 from any state agency or officer to assist the commission in 117.5 performing its duties. The agency or officer shall promptly 117.6 furnish any information or assistance requested. 117.7 (c) The secretary of the senate and the chief clerk of the 117.8 house shall provide the commission with a copy of each bill 117.9 introduced in the legislature concerning children, youth, and 117.10 their families. 117.11 (d)Before implementing new or substantially revised117.12programs relating to the subjects being studied by the117.13commission under subdivision 7, the commissioner responsible for117.14the program shall prepare an implementation plan for the program117.15and shall submit the plan to the commission for review and117.16comment. The commission may advise and make recommendations to117.17the commissioner on the implementation of the program and may117.18request the changes or additions in the plan it deems117.19appropriate.117.20(e) By July 1, 1991, the responsible state agency117.21commissioners, including the commissioners of education, health,117.22human services, economic security, and corrections, shall117.23prepare data for presentation to the commission on the state117.24programs to be examined by the commission under subdivision 7,117.25paragraph (a).117.26(f)To facilitate coordination between executive and 117.27 legislative authorities, the commission shall meet with the 117.28 children's cabinet. 117.29 Sec. 3. Minnesota Statutes 1996, section 3.873, 117.30 subdivision 7, is amended to read: 117.31 Subd. 7. [PRIORITIES.] The commission shall give priority 117.32 to studyingand reporting to the legislatureon the matters 117.33 described in this subdivision. To the extent possible, the 117.34 commission shall consult with knowledgeable individuals in 117.35 communities throughout the state when developing recommendations 117.36or preparing reportson these matters. 118.1 (a) The commission must studyand report onmethods of 118.2 improving legislative consideration of children and family 118.3 issues and coordinating state agency programs relating to 118.4 children and families, including the desirability, feasibility, 118.5 and effects of creating a new state department of children's 118.6 services, or children and family services, in which would be 118.7 consolidated the responsibility for administering state programs 118.8 relating to children and families. 118.9 (b) The commission must studyand report onmethods of 118.10 consolidating or coordinating local health, correctional, 118.11 educational, job, and human services, to improve the efficiency 118.12 and effectiveness of services to children and families and to 118.13 eliminate duplicative and overlapping services. The commission 118.14 shall evaluate and make recommendations on programs and projects 118.15 in this and other states that encourage or require local 118.16 jurisdictions to consolidate the delivery of services in schools 118.17 or other community centers to reduce the cost and improve the 118.18 coverage and accessibility of services. The commission must 118.19 study and recommend specific effectiveness measures to 118.20 accurately determine the efficacy of programs and services 118.21 provided to children and their families. The commission must 118.22 consider and recommend how to transform fragmented, 118.23 crisis-oriented delivery systems focused on remediation services 118.24 into flexible, comprehensive, well-coordinated, and 118.25 family-oriented delivery systems focused on prevention 118.26 services. The commission must review and evaluate what impact 118.27 the classification of data has on service providers' ability to 118.28 anticipate and meet the full range of families' needs.The118.29commission must report on any laws, rules, or procedures that118.30interfere with the effective delivery of community-based118.31services to children and families.118.32 (c) The commission must studyand report onmethods of 118.33 improving and coordinating educational, social, and health care 118.34 services that assist children and families during the early 118.35 childhood years. The commission's study must include an 118.36 evaluation of the following: early childhood health and 119.1 development screening services, headstart, child care, early 119.2 childhood family education, and parents' involvement in programs 119.3 meeting the social, cognitive, physical, and emotional needs of 119.4 children. 119.5 (d) The commission must studyand report onmethods of 119.6 improving and coordinating the practices of judicial, 119.7 correctional, and social service agencies in placing juvenile 119.8 offenders and children who are in need of protective services or 119.9 treatment. 119.10 (e) The commission must study and recommend constructive 119.11 changes in preventive, community-based programs that encourage 119.12 children and youth to responsibly serve their community. 119.13(f) The legislative commission on children, youth, and119.14their families and the children's cabinet must study and make119.15joint recommendations regarding a state-level governance119.16structure to deliver funding and coordinate policy for children119.17and their families. These recommendations may include119.18structural changes to minimize barriers to and actively promote119.19collaborating and integrating services for children and families119.20in the community. The commission and cabinet must jointly119.21evaluate the need for a new cabinet-level agency for children.119.22The commission and cabinet shall report their findings and119.23recommendations to the legislature by January 15, 1994.119.24 Sec. 4. Minnesota Statutes 1996, section 9.041, 119.25 subdivision 2, is amended to read: 119.26 Subd. 2. [LEGISLATIVE ACTION; SMALL CLAIMS.]The executive119.27council shall refer its findings and conclusions to the119.28legislature for confirmation andNo adjustment or settlement of 119.29 any claim by the executive council is final until ratified by 119.30 the legislature. The executive council may make final 119.31 settlement and adjustment of individual claims of settlers or 119.32 Indian allottees, where the land in question does not exceed 100 119.33 acres. 119.34 Sec. 5. Minnesota Statutes 1996, section 16A.276, is 119.35 amended to read: 119.36 16A.276 [CASH OVERAGE AND SHORTAGE ACCOUNT.] 120.1 The commissioner may keep accounts to record daily the 120.2 difference between actual and recorded cash receipts including 120.3 losses from forged and uncollectible checks. At the end of the 120.4 fiscal year, the commissioner shall clear the accounts by 120.5 transferring the balances to the general fund and paying the 120.6 deficits from operating accounts of the agencies charged with 120.7 the deficitand shall report an adjustment to the legislative120.8audit commission. 120.9 Sec. 6. Minnesota Statutes 1996, section 17.138, 120.10 subdivision 2, is amended to read: 120.11 Subd. 2. [COORDINATION OF RESEARCH.] The commissioner 120.12 shall coordinate manure management research and monitoring and 120.13 make recommendations on manure management research and 120.14 monitoring funding priorities tothe legislature and other120.15 funding bodies other than the legislature. 120.16 Sec. 7. Minnesota Statutes 1996, section 45.027, 120.17 subdivision 1, is amended to read: 120.18 Subdivision 1. [GENERAL POWERS.] In connection with the 120.19 duties and responsibilities entrusted to the commissioner, and 120.20 Laws 1993, chapter 361, section 2, the commissioner of commerce 120.21 may: 120.22 (1) make public or private investigations within or without 120.23 this state as the commissioner considers necessary to determine 120.24 whether any person has violated or is about to violate any law, 120.25 rule, or order related to the duties and responsibilities 120.26 entrusted to the commissioner; 120.27 (2) require or permit any person to file a statement in 120.28 writing, under oath or otherwise as the commissioner determines, 120.29 as to all the facts and circumstances concerning the matter 120.30 being investigated; 120.31 (3) hold hearings, upon reasonable notice, in respect to 120.32 any matter arising out of the duties and responsibilities 120.33 entrusted to the commissioner; 120.34 (4) conduct investigations and hold hearings for the 120.35 purpose of compiling informationwith a view to recommending120.36changes to the legislature in the lawsrelated to the duties and 121.1 responsibilities entrusted to the commissioner; 121.2 (5) examine the books, accounts, records, and files of 121.3 every licensee, and of every person who is engaged in any 121.4 activity regulated; the commissioner or a designated 121.5 representative shall have free access during normal business 121.6 hours to the offices and places of business of the person, and 121.7 to all books, accounts, papers, records, files, safes, and 121.8 vaults maintained in the place of business; 121.9 (6) publish information which is contained in any order 121.10 issued by the commissioner; and 121.11 (7) require any person subject to duties and 121.12 responsibilities entrusted to the commissioner, to report all 121.13 sales or transactions that are regulated. The reports must be 121.14 made within ten days after the commissioner has ordered the 121.15 report. The report is accessible only to the respondent and 121.16 other governmental agencies unless otherwise ordered by a court 121.17 of competent jurisdiction. 121.18 Sec. 8. Minnesota Statutes 1996, section 119A.13, 121.19 subdivision 3, is amended to read: 121.20 Subd. 3. [PLAN FOR DISBURSEMENT OF FUNDS.] By June 1, 121.21 1987, the commissioner, assisted by the advisory council, shall 121.22 develop a plan to disburse money from the trust fund. In 121.23 developing the plan, the commissioner shall review prevention 121.24 programs. The plan must ensure that all geographic areas of the 121.25 state have an equal opportunity to establish prevention programs 121.26 and receive trust fund money. Biennially thereafter the 121.27 commissioner shall send the plan tothe legislature andthe 121.28 governor by January 1 of each odd-numbered year. 121.29 Sec. 9. Minnesota Statutes 1996, section 119A.13, 121.30 subdivision 4, is amended to read: 121.31 Subd. 4. [RESPONSIBILITIES OF THE COMMISSIONER.] (a) The 121.32 commissioner shall: 121.33 (1) provide for the coordination and exchange of 121.34 information on the establishment and maintenance of prevention 121.35 programs; 121.36 (2) develop and publish criteria for receiving trust fund 122.1 money by prevention programs; 122.2 (3) review, approve, and monitor the spending of trust fund 122.3 money by prevention programs; 122.4 (4) provide statewide educational and public informational 122.5 seminars to develop public awareness on preventing child abuse; 122.6 to encourage professional persons and groups to recognize 122.7 instances of child abuse and work to prevent them; to make 122.8 information on child abuse prevention available to the public 122.9 and to organizations and agencies; and to encourage the 122.10 development of prevention programs; 122.11 (5) establish a procedure for an annual, internal 122.12 evaluation of the functions, responsibilities, and performance 122.13 of the commissioner in carrying out Laws 1986, chapter 423. In 122.14 a year in which the state plan is prepared, the evaluation must 122.15 be coordinated with the preparation of the state plan; 122.16 (6) provide technical assistance to local councils and 122.17 agencies working in the area of child abuse prevention; and 122.18 (7) accept and review grant applications beginning June 1, 122.19 1987. 122.20 (b) The commissioner shall recommend to the governorand122.21the legislaturechanges in state programs, statutes, policies, 122.22 budgets, and standards that will reduce the problems of child 122.23 abuse, improve coordination among state agencies that provide 122.24 prevention services, and improve the condition of children, 122.25 parents, or guardians in need of prevention program services. 122.26 Sec. 10. Minnesota Statutes 1996, section 119A.26, 122.27 subdivision 2, is amended to read: 122.28 Subd. 2. [DUTIES.] (a) The assistant commissioner shall: 122.29 (1) gather, develop, and make available throughout the 122.30 state information and educational materials on preventing and 122.31 reducing violence in the family and in the community, both 122.32 directly and by serving as a clearinghouse for information and 122.33 educational materials from schools, state and local agencies, 122.34 community service providers, and local organizations; 122.35 (2) foster collaboration among schools, state and local 122.36 agencies, community service providers, and local organizations 123.1 that assist in violence intervention or prevention; 123.2 (3) assist schools, state and local agencies, service 123.3 providers, and organizations, on request, with training and 123.4 other programs designed to educate individuals about violence 123.5 and reinforce values that contribute to ending violence; 123.6 (4) after consulting with all state agencies involved in 123.7 preventing or reducing violence within the family or community, 123.8 develop a statewide strategy for preventing and reducing 123.9 violence that encompasses the efforts of those agencies and 123.10 takes into account all money available for preventing or 123.11 reducing violence from any source; 123.12 (5) submit the strategy to the governorand the legislature123.13 by January 15 of each calendar year, along with a summary of 123.14 activities occurring during the previous year to prevent or 123.15 reduce violence experienced by children, young people, and their 123.16 families; and 123.17 (6) assist appropriate professional and occupational 123.18 organizations, including organizations of law enforcement 123.19 officers, prosecutors, and educators, in developing and 123.20 operating informational and training programs to improve the 123.21 effectiveness of activities to prevent or reduce violence within 123.22 the family or community. 123.23 (b) The assistant commissioner shall gather and make 123.24 available information on prevention and supply reduction 123.25 activities throughout the state, foster cooperation among 123.26 involved state and local agencies, and assist agencies and 123.27 public officials in training and other programs designed to 123.28 improve the effectiveness of prevention and supply reduction 123.29 activities. 123.30 (c) The assistant commissioner shall coordinate the 123.31 distribution of funds received by the state of Minnesota through 123.32 the federal Anti-Drug Abuse Act. The assistant commissioner 123.33 shall recommend to the commissioner recipients of grants under 123.34 sections 119A.30 and 299A.33, after consultation with the 123.35 chemical abuse prevention resource council. 123.36 (d) The assistant commissioner shall: 124.1 (1) after consultation with all state agencies involved in 124.2 prevention or supply reduction activities, develop a state 124.3 chemical abuse and dependency strategy encompassing the efforts 124.4 of those agencies and taking into account all money available 124.5 for prevention and supply reduction activities, from any source; 124.6 (2) submit the strategy to the governorand the legislature124.7 by January 15 of each year, along with a summary of prevention 124.8 and supply reduction activities during the preceding calendar 124.9 year; 124.10 (3) assist appropriate professional and occupational 124.11 organizations, including organizations of law enforcement 124.12 officers, prosecutors, and educators, in developing and 124.13 operating informational and training programs to improve the 124.14 effectiveness of prevention and supply reduction activities; 124.15 (4) provide information, including information on drug 124.16 trends, and assistance to state and local agencies, both 124.17 directly and by functioning as a clearinghouse for information 124.18 from other agencies; 124.19 (5) facilitate cooperation among drug program agencies; and 124.20 (6) in coordination with the chemical abuse prevention 124.21 resource council, review, approve, and coordinate the 124.22 administration of prevention, criminal justice, and treatment 124.23 grants. 124.24 Sec. 11. Minnesota Statutes 1996, section 119B.17, 124.25 subdivision 3, is amended to read: 124.26 Subd. 3. [DUTIES AND POWERS.] The council has the 124.27 following duties and powers: 124.28 (1) develop a biennial plan for early childhood care and 124.29 education in the state; 124.30 (2) take a leadership role in developing its 124.31 recommendations in conjunction with the recommendations of other 124.32 state agencies on the state budget for early childhood care and 124.33 education; 124.34 (3) apply for and receive state money and public and 124.35 private grant money; 124.36 (4) participate in and facilitate the development of 125.1 interagency agreements on early childhood care and education 125.2 issues; 125.3 (5) review state agency policies on early childhood care 125.4 and education issues so that they do not conflict; 125.5 (6) advocate for an effective and coordinated early 125.6 childhood care and education system with state agencies and 125.7 programs; 125.8 (7) study the need for child care funding for special 125.9 populations whose needs are not being met by current programs; 125.10 (8) ensure that the early childhood care and education 125.11 system reflects community diversity; and 125.12 (9) be responsible for advocating policies and funding for 125.13 early childhood care and education; and125.14(10) provide a report to the legislature on January 1 of125.15every odd-numbered year, containing a description of the125.16activities and the work plan of the council and any legislative125.17recommendations developed by the council. 125.18 Sec. 12. Minnesota Statutes 1996, section 124A.711, 125.19 subdivision 2, is amended to read: 125.20 Subd. 2. [DETERMINATION OF AID.] The total amount of 125.21 support services aid shall be determined according to indices 125.22 for each service recommended by the commissioner of children, 125.23 families, and learning after consultations with appropriate 125.24 state agencies, educators, and other interested persons.The125.25commissioner shall recommend indices and aid amounts to the125.26legislature by February 1 of each odd-numbered year.The 125.27 indices shall reflect the need for each service based on the 125.28 economic, geographic, demographic, and other appropriate 125.29 characteristics of each district. 125.30 Sec. 13. Minnesota Statutes 1996, section 144.056, is 125.31 amended to read: 125.32 144.056 [PLAIN LANGUAGE IN WRITTEN MATERIALS.] 125.33 (a) To the extent reasonable and consistent with the goals 125.34 of providing easily understandable and readable materials and 125.35 complying with federal and state laws governing the program, all 125.36 written materials relating to determinations of eligibility for 126.1 or amounts of benefits that will be given to applicants for or 126.2 recipients of assistance under a program administered or 126.3 supervised by the commissioner of health must be understandable 126.4 to a person who reads at the seventh-grade level, using the 126.5 Flesch scale analysis readability score as determined under 126.6 section 72C.09. 126.7 (b) All written materials relating to services and 126.8 determinations of eligibility for or amounts of benefits that 126.9 will be given to applicants for or recipients of assistance 126.10 under programs administered or supervised by the commissioner of 126.11 health must be developed to satisfy the plain language 126.12 requirements of the plain language contract act under sections 126.13 325G.29 to 325G.36. Materials may be submitted to the attorney 126.14 general for review and certification. Notwithstanding section 126.15 325G.35, subdivision 1, the attorney general shall review 126.16 submitted materials to determine whether they comply with the 126.17 requirements of section 325G.31. The remedies available 126.18 pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to 126.19 these materials. Failure to comply with this section does not 126.20 provide a basis for suspending the implementation or operation 126.21 of other laws governing programs administered by the 126.22 commissioner. 126.23 (c) The requirements of this section apply to all materials 126.24 modified or developed by the commissioner on or after July 1, 126.25 1988. The requirements of this section do not apply to 126.26 materials that must be submitted to a federal agency for 126.27 approval to the extent that application of the requirements 126.28 prevents federal approval. 126.29 (d) Nothing in this section may be construed to prohibit a 126.30 lawsuit brought to require the commissioner to comply with this 126.31 section or to affect individual appeal rights under the special 126.32 supplemental food program for women, infants, and children 126.33 granted pursuant to federal regulations under the Code of 126.34 Federal Regulations, chapter 7, section 246. 126.35(e) The commissioner shall report annually to the chairs of126.36the health and human services divisions of the senate finance127.1committee and the house of representatives appropriations127.2committee on the number and outcome of cases that raise the127.3issue of the commissioner's compliance with this section.127.4 Sec. 14. Minnesota Statutes 1996, section 144.062, is 127.5 amended to read: 127.6 144.062 [VACCINE COST REDUCTION PROGRAM.] 127.7 The commissioner of administration, after consulting with 127.8 the commissioner of health, shall negotiate discounts or rebates 127.9 on vaccine or may purchase vaccine at reduced prices. Vaccines 127.10 may be offered for sale to medical care providers at the 127.11 department's cost plus a fee for administrative costs. As a 127.12 condition of receiving the vaccine at reduced cost, a medical 127.13 care provider must agree to pass on the savings to patients. 127.14 The commissioner of health may transfer money appropriated for 127.15 other department of health programs to the commissioner of 127.16 administration for the initial cost of purchasing vaccine, 127.17 provided the money is repaid by the end of each state fiscal 127.18 year and the commissioner of finance approves the transfer. 127.19 Proceeds from the sale of vaccines to medical care providers, 127.20 including fees collected for administrative costs, are 127.21 appropriated to the commissioner of administration. If the 127.22 commissioner of administration, in consultation with the 127.23 commissioner of health, determines that a vaccine cost reduction 127.24 program is not economically feasible or cost-effective, the 127.25 commissioner may elect not to implement the programbut shall127.26provide a report to the legislature that explains the reasons127.27for the decision. 127.28 Sec. 15. Minnesota Statutes 1996, section 144.092, is 127.29 amended to read: 127.30 144.092 [COORDINATED NUTRITION DATA COLLECTION.] 127.31 The commissioner of health may develop and coordinate a 127.32 reporting system to improve the state's ability to document 127.33 inadequate nutrient and food intake of Minnesota's children and 127.34 adults and to identify problems and determine the most 127.35 appropriate strategies for improving inadequate nutritional 127.36 status. The board on aging may develop a method to evaluate the 128.1 nutritional status and requirements of the elderly in 128.2 Minnesota.The commissioner of health and the board on aging128.3may report to the legislature on each July 1, beginning in 1988,128.4on the results of their investigation and their recommendations128.5on the nutritional needs of Minnesotans.128.6 Sec. 16. Minnesota Statutes 1996, section 144A.33, 128.7 subdivision 5, is amended to read: 128.8 Subd. 5. [REPORT;EVALUATION.] Each year the Minnesota 128.9 board on aging shall evaluate the programs and funding sources 128.10 established under this sectionand report to the legislature by128.11February 1 of each year concerning the programs established and128.12the effectiveness of the programs. 128.13 Sec. 17. Minnesota Statutes 1996, section 144A.53, 128.14 subdivision 1, is amended to read: 128.15 Subdivision 1. [POWERS.] The director may: 128.16 (a) Promulgate by rule, pursuant to chapter 14, and within 128.17 the limits set forth in subdivision 2, the methods by which 128.18 complaints against health facilities, health care providers, 128.19 home care providers, or residential care homes, or 128.20 administrative agencies are to be made, reviewed, investigated, 128.21 and acted upon; provided, however, that a fee may not be charged 128.22 for filing a complaint. 128.23 (b) Recommend legislation and changes in rules to the state 128.24 commissioner of health,legislature,governor, administrative 128.25 agencies or the federal government. 128.26 (c) Investigate, upon a complaint or upon initiative of the 128.27 director, any action or failure to act by a health care 128.28 provider, home care provider, residential care home, or a health 128.29 facility. 128.30 (d) Request and receive access to relevant information, 128.31 records, incident reports, or documents in the possession of an 128.32 administrative agency, a health care provider, a home care 128.33 provider, a residential care home, or a health facility, and 128.34 issue investigative subpoenas to individuals and facilities for 128.35 oral information and written information, including privileged 128.36 information which the director deems necessary for the discharge 129.1 of responsibilities. For purposes of investigation and securing 129.2 information to determine violations, the director need not 129.3 present a release, waiver, or consent of an individual. The 129.4 identities of patients or residents must be kept private as 129.5 defined by section 13.02, subdivision 12. 129.6 (e) Enter and inspect, at any time, a health facility or 129.7 residential care home and be permitted to interview staff; 129.8 provided that the director shall not unduly interfere with or 129.9 disturb the provision of care and services within the facility 129.10 or home or the activities of a patient or resident unless the 129.11 patient or resident consents. 129.12 (f) Issue correction orders and assess civil fines pursuant 129.13 to section 144.653 or any other law which provides for the 129.14 issuance of correction orders to health facilities or home care 129.15 provider, or under section 144A.45. A facility's or home's 129.16 refusal to cooperate in providing lawfully requested information 129.17 may also be grounds for a correction order. 129.18 (g) Recommend the certification or decertification of 129.19 health facilities pursuant to Title XVIII or XIX of the United 129.20 States Social Security Act. 129.21 (h) Assist patients or residents of health facilities or 129.22 residential care homes in the enforcement of their rights under 129.23 Minnesota law. 129.24 (i) Work with administrative agencies, health facilities, 129.25 home care providers, residential care homes, and health care 129.26 providers and organizations representing consumers on programs 129.27 designed to provide information about health facilities to the 129.28 public and to health facility residents. 129.29 Sec. 18. Minnesota Statutes 1996, section 144A.54, 129.30 subdivision 1, is amended to read: 129.31 Subdivision 1. [DIRECTOR; DUTIES.] Except as otherwise 129.32 provided by this section, the director may determine the form, 129.33 frequency, and distribution of the conclusions and 129.34 recommendations. The director shall transmit the conclusions 129.35 and recommendations to the state commissioner of healthand the129.36legislature. Before announcing a conclusion or recommendation 130.1 that expressly or by implication criticizes an administrative 130.2 agency, a health care provider, a home care provider, a 130.3 residential care home, or a health facility, the director shall 130.4 consult with that agency, health care provider, home care 130.5 provider, home, or facility. When publishing an opinion adverse 130.6 to an administrative agency, a health care provider, a home care 130.7 provider, a residential care home, or a health facility, the 130.8 director shall include in the publication any statement of 130.9 reasonable length made to the director by that agency, health 130.10 care provider, home care provider, residential care home, or 130.11 health facility in defense or explanation of the action. 130.12 Sec. 19. Minnesota Statutes 1996, section 144A.54, 130.13 subdivision 2, is amended to read: 130.14 Subd. 2. [ANNUAL REPORT.] In addition to whatever other 130.15 reports the director may make, the director shall, at the end of 130.16 each year, report to the state commissioner of healthand the130.17legislatureconcerning the exercise of the director's functions 130.18 during the preceding year. The state commissioner of health 130.19 may, at any time, request and receive information, other than 130.20 resident records, from the director. 130.21 Sec. 20. Minnesota Statutes 1996, section 145.894, is 130.22 amended to read: 130.23 145.894 [STATE COMMISSIONER OF HEALTH; DUTIES, 130.24 RESPONSIBILITIES.] 130.25 The commissioner of health shall: 130.26 (a) develop a comprehensive state plan for the delivery of 130.27 nutritional supplements to pregnant and lactating women, 130.28 infants, and children; 130.29 (b) contract with existing local public or private 130.30 nonprofit organizations for the administration of the 130.31 nutritional supplement program; 130.32 (c) develop and implement a public education program 130.33 promoting the provisions of sections 145.891 to 145.897, and 130.34 provide for the delivery of individual and family nutrition 130.35 education and counseling at project sites. The education 130.36 programs must include a campaign to promote breast feeding; 131.1 (d) develop in cooperation with other agencies and vendors 131.2 a uniform state voucher system for the delivery of nutritional 131.3 supplements; 131.4 (e) authorize local health agencies to issue vouchers 131.5 bimonthly to some or all eligible individuals served by the 131.6 agency, provided the agency demonstrates that the federal 131.7 minimum requirements for providing nutrition education will 131.8 continue to be met and that the quality of nutrition education 131.9 and health services provided by the agency will not be adversely 131.10 impacted; 131.11 (f) investigate and implement a system to reduce the cost 131.12 of nutritional supplements and maintain ongoing negotiations 131.13 with nonparticipating manufacturers and suppliers to maximize 131.14 cost savings; 131.15 (g) develop, analyze, and evaluate the health aspects of 131.16 the nutritional supplement program and establish nutritional 131.17 guidelines for the program; 131.18 (h) apply for, administer, and annually expend at least 99 131.19 percent of available federal or private funds; 131.20 (i) aggressively market services to eligible individuals by 131.21 conducting ongoing outreach activities and by coordinating with 131.22 and providing marketing materials and technical assistance to 131.23 local human services and community service agencies and 131.24 nonprofit service providers; 131.25 (j) determine, on July 1 of each year, the number of 131.26 pregnant women participating in each special supplemental food 131.27 program for women, infants, and children (W.I.C.) and, in 1986, 131.28 1987, and 1988, at the commissioner's discretion, designate a 131.29 different food program deliverer if the current deliverer fails 131.30 to increase the participation of pregnant women in the program 131.31 by at least ten percent over the previous year's participation 131.32 rate; 131.33 (k) promulgate all rules necessary to carry out the 131.34 provisions of sections 145.891 to 145.897; and 131.35 (l)report to the legislature by November 15 of every year131.36on the expenditures and activities under sections 145.891 to132.1145.897 of the state and local health agencies for the preceding132.2fiscal year; and132.3(m)ensure that any state appropriation to supplement the 132.4 federal program is spent consistent with federal requirements. 132.5 Sec. 21. Minnesota Statutes 1996, section 152.02, 132.6 subdivision 13, is amended to read: 132.7 Subd. 13. Annually, the state board of pharmacy shall 132.8 study the implementation of this chapter in relation to the 132.9 problems of drug abuse in Minnesotaand shall report to the132.10legislature annually on or before December 1, their132.11recommendations concerning amendments to this chapter. 132.12 Sec. 22. Minnesota Statutes 1996, section 152.21, 132.13 subdivision 3, is amended to read: 132.14 Subd. 3. [RESEARCH GRANT.] The commissioner of health 132.15 shall grant funds to the principal investigator selected by the 132.16 commissioner pursuant to subdivision 4 for the purpose of 132.17 conducting a research program under a protocol approved by the 132.18 FDA regarding the therapeutic use of oral THC and other dosage 132.19 forms, if available, according to the guidelines and 132.20 requirements of the federal food and drug administration, the 132.21 drug enforcement administration and the national institute on 132.22 drug abuse. The commissioner shall ensure that the research 132.23 principal investigator complies with the requirements of 132.24 subdivision 5. The commissioner may designate the principal 132.25 investigator as the sponsor. 132.26The commissioner shall report to the legislature on January132.271 of each odd-numbered year on the number of oncologists and132.28patients involved in the program and the results available at132.29that date regarding the effects of therapeutic use of THC on132.30patients involved in the program. The commissioner shall also132.31report on the current status of THC under the federal Food, Drug132.32and Cosmetic Act and the federal Controlled Substances Act.132.33 Sec. 23. Minnesota Statutes 1996, section 161.10, is 132.34 amended to read: 132.35 161.10 [INVESTIGATIONS, RECOMMENDATIONS, REPORTS.] 132.36 When practicable the commissioner shall investigate and 133.1 determine the location of road material in the state, ascertain 133.2 the most approved methods of construction and improvement of 133.3 roads, investigate the most approved laws in relation to roads 133.4 in other states and hold public meetings throughout the state 133.5 when deemed advisable. On or before November 15 on each 133.6 even-numbered year the commissioner shall make a printed report 133.7 to the governorand the legislaturestating the condition, 133.8 management, and financial transactions of the transportation 133.9 department, including a statement of the expense incurred in 133.10 maintaining such department; the number of miles of roads built 133.11 or improved during the preceding two fiscal years and their 133.12 cost; the general character and location of material suitable 133.13 for road construction; the general character and needs of the 133.14 roads of the state; the name, location, size, and description of 133.15 each state trail, state water access site, and state rest area 133.16 established by the commissioner since the last report; and 133.17 recommend such legislation as the commissioner deems advisable. 133.18The report shall be transmitted by the governor to the133.19legislature.133.20 Sec. 24. Minnesota Statutes 1996, section 161.1419, 133.21 subdivision 7, is amended to read: 133.22 Subd. 7. [REPORT TO LEGISLATUREPROGRAM REVIEW.] The 133.23 commission may review the programs of the various interstate 133.24 compacts, studies, planning groups and commissions involved in 133.25 water and land use activities along the Mississippi river in 133.26 Minnesotaand report to the legislature biennially any133.27duplication of programs and funding as well as its133.28recommendations for new legislation. 133.29 Sec. 25. Minnesota Statutes 1996, section 192.551, is 133.30 amended to read: 133.31 192.551 [ARMY REGULATIONS TO APPLY.] 133.32 All money and property received from any source for the 133.33 military forces shall be kept, disbursed, and accounted for as 133.34 prescribed by army regulations, where applicable, otherwise as 133.35 prescribed by state rules. All such accounts shall be examined 133.36 and audited at least once annually by officers of the military 134.1 forces detailed by the adjutant general as military auditors. 134.2The adjutant general shall file a copy of the report of every134.3such examination with the legislative auditor. This shall not134.4preclude other examinations of such accounts by the legislative134.5auditor as authorized by law.The legislative auditor may 134.6 appoint any military auditor as an assistant examiner, with all 134.7 the powers incident thereto, in connection with the examination 134.8 of such accounts. The provisions of the state civil service act 134.9 shall not be applicable to such appointments. 134.10 Sec. 26. Minnesota Statutes 1996, section 197.133, is 134.11 amended to read: 134.12 197.133 [DISPOSAL OF PROPERTY AND EXPIRATION OF THE BOARD 134.13 OF GOVERNORS.] 134.14 If a majority of the board determines that the disposal of 134.15 the camp or a portion of the camp is in the best interests of 134.16 Minnesota veterans, or if the camp is not used solely as a camp 134.17 for and by disabled and other veterans and their families and 134.18 operated and maintained in compliance with all state, federal, 134.19 and local laws, the board may dispose of the property at market 134.20 value as provided in this section. Before disposing of the 134.21 property, the board shall give notice by certified mail to the 134.22 commissioner of veterans affairs of its decision to dispose of 134.23 the property. The commissioner shall publish the notice in the 134.24 State Register. Interested governmental agencies have until the 134.25 end of the next legislative session after the notice to 134.26 appropriate money to purchase the property. 134.27 Proceeds realized from the disposal of the property and any 134.28 assets on hand at the time of the disposal of the property, must 134.29 be placed in an irrevocable trust to be used for the initiation 134.30 or maintenance of veterans programs in the state of Minnesota. 134.31 Trustees must be appointed in the same manner as provided for 134.32 under section 197.131. The trustees shall consult with the 134.33 commissioner of veterans affairs to determine the needs of 134.34 Minnesota veterans and provide the commissionerand the134.35committee on general legislation and veterans affairs of the134.36house of representatives and the committee on veterans and135.1general legislation in the senatewith an annual written report 135.2 on the trust. The commissioner must approve all expenditures 135.3 from the trust. A certified audit of all assets, expenditures, 135.4 and property must be conducted prior to any disposition of any 135.5 assets under the control of the board. Any board member who 135.6 would benefit directly or indirectly financially from the sale 135.7 of this property must be removed by the board and a successor 135.8 appointed as provided by section 197.131. Upon final 135.9 disposition of all assets to the trust, the board must disband. 135.10 Should the assets of the trust be exhausted, the trust must be 135.11 terminated. 135.12 Sec. 27. Minnesota Statutes 1996, section 214.07, 135.13 subdivision 1, is amended to read: 135.14 Subdivision 1. [BOARD REPORTS.] The health-related 135.15 licensing boards and the non-health-related licensing boards 135.16 shall prepare reports according to this subdivision and 135.17 subdivision 1a by October 1 of each even-numbered year. Copies 135.18 of the reports shall be deliveredto the legislature in135.19accordance with section 3.195, andto the governor. Copies of 135.20 the reports of the health-related licensing boards shall also be 135.21 delivered to the commissioner of health. The reports shall 135.22 contain the following information relating to the two-year 135.23 period ending the previous June 30: 135.24 (a) a general statement of board activities; 135.25 (b) the number of meetings and approximate total number of 135.26 hours spent by all board members in meetings and on other board 135.27 activities; 135.28 (c) the receipts and disbursements of board funds; 135.29 (d) the names of board members and their addresses, 135.30 occupations, and dates of appointment and reappointment to the 135.31 board; 135.32 (e) the names and job classifications of board employees; 135.33 (f) a brief summary of board rules proposed or adopted 135.34 during the reporting period with appropriate citations to the 135.35 State Register and published rules; 135.36 (g) the number of persons having each type of license and 136.1 registration issued by the board as of June 30 in the year of 136.2 the report; 136.3 (h) the locations and dates of the administration of 136.4 examinations by the board; 136.5 (i) the number of persons examined by the board with the 136.6 persons subdivided into groups showing age categories, sex, and 136.7 states of residency; 136.8 (j) the number of persons licensed or registered by the 136.9 board after taking the examinations referred to in clause (h) 136.10 with the persons subdivided by age categories, sex, and states 136.11 of residency; 136.12 (k) the number of persons not licensed or registered by the 136.13 board after taking the examinations referred to in clause (h) 136.14 with the persons subdivided by age categories, sex, and states 136.15 of residency; 136.16 (l) the number of persons not taking the examinations 136.17 referred to in clause (h) who were licensed or registered by the 136.18 board or who were denied licensing or registration with the 136.19 reasons for the licensing or registration or denial thereof and 136.20 with the persons subdivided by age categories, sex, and states 136.21 of residency; 136.22 (m) the number of persons previously licensed or registered 136.23 by the board whose licenses or registrations were revoked, 136.24 suspended, or otherwise altered in status with brief statements 136.25 of the reasons for the revocation, suspension or alteration; 136.26 (n) the number of written and oral complaints and other 136.27 communications received by the executive director or executive 136.28 secretary of the board, a board member, or any other person 136.29 performing services for the board (1) which allege or imply a 136.30 violation of a statute or rule which the board is empowered to 136.31 enforce and (2) which are forwarded to other agencies as 136.32 required by section 214.10; 136.33 (o) a summary, by specific category, of the substance of 136.34 the complaints and communications referred to in clause (n) and, 136.35 for each specific category, the responses or dispositions 136.36 thereof pursuant to section 214.10 or 214.11; 137.1 (p) any other objective information which the board members 137.2 believe will be useful in reviewing board activities. 137.3 Sec. 28. Minnesota Statutes 1996, section 214.13, 137.4 subdivision 5, is amended to read: 137.5 Subd. 5. [RECOMMENDATION ON REGULATION; APPLICATION 137.6 RENEWAL.] The commissioner of health shall exercise care to 137.7 prevent the proliferation of unessential registered human 137.8 services occupations.IfIn evaluating a currently unregistered 137.9 occupation the commissionerdeterminesmay determine that 137.10 registration of the occupation is not appropriate, but that 137.11 implementation of another mode as set forth in section 214.001, 137.12 subdivision 3, is appropriatethe commissioner shall promptly so137.13report to the legislature. For a period of two years after a 137.14 determination by the commissioner as to the appropriate 137.15 regulatory mode, if any, for an occupational applicant group, 137.16 the same or substantially equivalent group may not submit a 137.17 letter of intent to enter the credentialing process, unless 137.18 invited to do so by the commissioner. 137.19 Sec. 29. Minnesota Statutes 1996, section 237.70, 137.20 subdivision 7, is amended to read: 137.21 Subd. 7. [ADMINISTRATION.] The telephone assistance plan 137.22 must be administered jointly by the commission, the department 137.23 of human services, and the telephone companies in accordance 137.24 with the following guidelines: 137.25 (a) The commission and the department of human services 137.26 shall develop an application form that must be completed by the 137.27 subscriber for the purpose of certifying eligibility for 137.28 telephone assistance plan credits to the department of human 137.29 services. The application must contain the applicant's social 137.30 security number. Applicants who refuse to provide a social 137.31 security number will be denied telephone assistance plan 137.32 credits. The application form must include provisions for the 137.33 applicant to show the name of the applicant's telephone 137.34 company. The application must also advise the applicant to 137.35 submit the required proof of age or disability, and income and 137.36 must provide examples of acceptable proof. The application must 138.1 state that failure to submit proof with the application will 138.2 result in the applicant being found ineligible. Each telephone 138.3 company shall annually mail a notice of the availability of the 138.4 telephone assistance plan to each residential subscriber in a 138.5 regular billing and shall mail the application form to customers 138.6 when requested. 138.7 The notice must state the following: 138.8 YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE 138.9 BILL IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED AND IF 138.10 YOU MEET CERTAIN HOUSEHOLD INCOME LIMITS. FOR MORE INFORMATION 138.11 OR AN APPLICATION FORM PLEASE CONTACT ......... 138.12 (b) The department of human services shall determine the 138.13 eligibility for telephone assistance plan credits at least 138.14 annually according to the criteria contained in subdivision 4a. 138.15 (c) An application may be made by the subscriber, the 138.16 subscriber's spouse, or a person authorized by the subscriber to 138.17 act on the subscriber's behalf. On completing the application 138.18 certifying that the statutory criteria for eligibility are 138.19 satisfied, the applicant must return the application to an 138.20 office of the department of human services specially designated 138.21 to process telephone assistance plan applications. On receiving 138.22 a completed application from an applicant, the department of 138.23 human services shall determine the applicant's eligibility or 138.24 ineligibility within 120 days. If the department fails to do 138.25 so, it shall within three working days provide written notice to 138.26 the applicant's telephone company that the company shall provide 138.27 telephone assistance plan credits against monthly charges in the 138.28 earliest possible month following receipt of the written 138.29 notice. The applicant must receive telephone assistance plan 138.30 credits until the earliest possible month following the 138.31 company's receipt of notice from the department that the 138.32 applicant is ineligible. 138.33 If the department of human services determines that an 138.34 applicant is not eligible to receive telephone assistance plan 138.35 credits, it shall notify the applicant within ten working days 138.36 of that determination. 139.1 Within ten working days of determining that an applicant is 139.2 eligible to receive telephone assistance plan credits, the 139.3 department of human services shall provide written notification 139.4 to the telephone company that serves the applicant. The notice 139.5 must include the applicant's name, address, and telephone number. 139.6 Each telephone company shall provide telephone assistance 139.7 plan credits against monthly charges in the earliest possible 139.8 month following receipt of notice from the department of human 139.9 services. 139.10 By December 31 of each year, the department of human 139.11 services shall redetermine eligibility of each person receiving 139.12 telephone assistance plan credits, as required in paragraph (b). 139.13 The department of human services shall submit an annual report 139.14 tothe legislature andthe commission by January 15 of each year 139.15 showing that the department has determined the eligibility for 139.16 telephone assistance plan credits of each person receiving the 139.17 credits or explaining why the determination has not been made 139.18 and showing how and when the determination will be completed. 139.19 If the department of human services determines that a 139.20 current recipient of telephone assistance plan credits is not 139.21 eligible to receive the credits, it shall notify, in writing, 139.22 the recipient within ten working days and the telephone company 139.23 serving the recipient within 20 working days of the 139.24 determination. The notice must include the recipient's name, 139.25 address, and telephone number. 139.26 Each telephone company shall remove telephone assistance 139.27 plan credits against monthly charges in the earliest possible 139.28 month following receipt of notice from the department of human 139.29 services. 139.30 Each telephone company that disconnects a subscriber 139.31 receiving the telephone assistance plan credit shall report the 139.32 disconnection to the department of human services. The reports 139.33 must be submitted monthly, identifying the subscribers 139.34 disconnected. Telephone companies that do not disconnect a 139.35 subscriber receiving the telephone assistance plan credit are 139.36 not required to report. 140.1 If the telephone assistance plan credit is not itemized on 140.2 the subscriber's monthly charges bill for local telephone 140.3 service, the telephone company must notify the subscriber of the 140.4 approval for the telephone assistance plan credit. 140.5 (d) The commission shall serve as the coordinator of the 140.6 telephone assistance plan and be reimbursed for its 140.7 administrative expenses from the surcharge revenue pool. As the 140.8 coordinator, the commission shall: 140.9 (1) establish a uniform statewide surcharge in accordance 140.10 with subdivision 6; 140.11 (2) establish a uniform statewide level of telephone 140.12 assistance plan credit that each telephone company shall extend 140.13 to each eligible household in its service area; 140.14 (3) require each telephone company to account to the 140.15 commission on a periodic basis for surcharge revenues collected 140.16 by the company, expenses incurred by the company, not to include 140.17 expenses of collecting surcharges, and credits extended by the 140.18 company under the telephone assistance plan; 140.19 (4) require each telephone company to remit surcharge 140.20 revenues to the department of administration for deposit in the 140.21 fund; and 140.22 (5) remit to each telephone company from the surcharge 140.23 revenue pool the amount necessary to compensate the company for 140.24 expenses, not including expenses of collecting the surcharges, 140.25 and telephone assistance plan credits. When it appears that the 140.26 revenue generated by the maximum surcharge permitted under 140.27 subdivision 6 will be inadequate to fund any particular 140.28 established level of telephone assistance plan credits, the 140.29 commission shall reduce the credits to a level that can be 140.30 adequately funded by the maximum surcharge. Similarly, the 140.31 commission may increase the level of the telephone assistance 140.32 plan credit that is available or reduce the surcharge to a level 140.33 and for a period of time that will prevent an unreasonable 140.34 overcollection of surcharge revenues. 140.35 (e) Each telephone company shall maintain adequate records 140.36 of surcharge revenues, expenses, and credits related to the 141.1 telephone assistance plan and shall, as part of its annual 141.2 report or separately, provide the commission and the department 141.3 of public service with a financial report of its experience 141.4 under the telephone assistance plan for the previous year. That 141.5 report must also be adequate to satisfy the reporting 141.6 requirements of the federal matching plan. 141.7 (f) The department of public service shall investigate 141.8 complaints against telephone companies with regard to the 141.9 telephone assistance plan and shall report the results of its 141.10 investigation to the commission. 141.11 Sec. 30. Minnesota Statutes 1996, section 241.01, 141.12 subdivision 3a, is amended to read: 141.13 Subd. 3a. [COMMISSIONER, POWERS AND DUTIES.] The 141.14 commissioner of corrections has the following powers and duties: 141.15 (a) To accept persons committed to the commissioner by the 141.16 courts of this state for care, custody, and rehabilitation. 141.17 (b) To determine the place of confinement of committed 141.18 persons in a correctional facility or other facility of the 141.19 department of corrections and to prescribe reasonable conditions 141.20 and rules for their employment, conduct, instruction, and 141.21 discipline within or outside the facility. Inmates shall not 141.22 exercise custodial functions or have authority over other 141.23 inmates. Inmates may serve on the board of directors or hold an 141.24 executive position subordinate to correctional staff in any 141.25 corporation, private industry or educational program located on 141.26 the grounds of, or conducted within, a state correctional 141.27 facility with written permission from the chief executive 141.28 officer of the facility. 141.29 (c) To administer the money and property of the department. 141.30 (d) To administer, maintain, and inspect all state 141.31 correctional facilities. 141.32 (e) To transfer authorized positions and personnel between 141.33 state correctional facilities as necessary to properly staff 141.34 facilities and programs. 141.35 (f) To utilize state correctional facilities in the manner 141.36 deemed to be most efficient and beneficial to accomplish the 142.1 purposes of this section, but not to close the Minnesota 142.2 correctional facility-Stillwater or the Minnesota correctional 142.3 facility-St. Cloud without legislative approval. The 142.4 commissioner may place juveniles and adults at the same state 142.5 minimum security correctional facilities, if there is total 142.6 separation of and no regular contact between juveniles and 142.7 adults, except contact incidental to admission, classification, 142.8 and mental and physical health care. 142.9 (g) To organize the department and employ personnel the 142.10 commissioner deems necessary to discharge the functions of the 142.11 department, including a chief executive officer for each 142.12 facility under the commissioner's control who shall serve in the 142.13 unclassified civil service and may, under the provisions of 142.14 section 43A.33, be removed only for cause, and two internal 142.15 affairs officers for security. 142.16 (h) To define the duties of these employees and to delegate 142.17 to them any of the commissioner's powers, duties and 142.18 responsibilities, subject to the commissioner's control and the 142.19 conditions the commissioner prescribes. 142.20 (i) To annually develop a comprehensive set of goals and 142.21 objectives designed to clearly establish the priorities of the 142.22 department of corrections. This report shall be submitted to 142.23 the governorand the state legislaturecommencing January 1, 142.24 1976. The commissioner may establish ad hoc advisory committees. 142.25 Sec. 31. Minnesota Statutes 1996, section 244.09, 142.26 subdivision 7, is amended to read: 142.27 Subd. 7. After the implementation of the sentencing 142.28 guidelines promulgated by the commission, the commission shall 142.29 studythetheir impactof the sentencing guidelines promulgated142.30by the commission after their implementation. The commission142.31shall also, after implementation of the guidelines, review the142.32powers and duties of the commissioner of corrections and make142.33recommendations to the legislature on the appropriate role, if142.34any, of the board under the guidelinesand review the powers and 142.35 duties of the commissioner of corrections. 142.36 Sec. 32. Minnesota Statutes 1996, section 244.13, 143.1 subdivision 3, is amended to read: 143.2 Subd. 3. [EVALUATION.] The commissioner shall develop a 143.3 system for gathering and analyzing information concerning the 143.4 value and effectiveness of the intensive community supervision 143.5 and intensive supervised release programsand shall compile a143.6report to the chairs of the committees in the senate and house143.7of representatives with jurisdiction over criminal justice143.8policy by January 1 of each odd-numbered year. 143.9 Sec. 33. Minnesota Statutes 1996, section 245.697, 143.10 subdivision 2, is amended to read: 143.11 Subd. 2. [DUTIES.] The state advisory council on mental 143.12 health shall: 143.13 (1) advise the governor, the legislature,and heads of 143.14 state departments and agencies about policy, programs, and 143.15 services affecting people with mental illness; 143.16 (2) advise the commissioner of human services on all phases 143.17 of the development of mental health aspects of the biennial 143.18 budget; 143.19 (3) advise the governorand the legislatureabout the 143.20 development of innovative mechanisms for providing and financing 143.21 services to people with mental illness; 143.22 (4) encourage state departments and other agencies to 143.23 conduct needed research in the field of mental health; 143.24 (5) review recommendations of the subcommittee on 143.25 children's mental health; 143.26 (6) educate the public about mental illness and the needs 143.27 and potential of people with mental illness; 143.28 (7) review and comment on all grants dealing with mental 143.29 health and on the development and implementation of state and 143.30 local mental health plans; and 143.31 (8) coordinate the work of local children's and adult 143.32 mental health advisory councils and subcommittees. 143.33 Sec. 34. Minnesota Statutes 1996, section 245.697, 143.34 subdivision 3, is amended to read: 143.35 Subd. 3. [REPORTS.] The state advisory council on mental 143.36 health shall report from time to time on its activities to the 144.1 governor, the legislature,and the commissioners of health, 144.2 economic security, and human services. It shall file a formal 144.3 report with the governor not later than October 15 of each 144.4 even-numbered year so that the information contained in the 144.5 report, including recommendations, can be included in the 144.6 governor's budget message to the legislature.It shall also144.7report to the legislature not later than November 15 of each144.8even-numbered year.144.9 Sec. 35. Minnesota Statutes 1996, section 246.06, is 144.10 amended to read: 144.11 246.06 [REPORTS.] 144.12 On or before November 15 in each even-numbered year, the 144.13 commissioner of human services shall make a report to the 144.14 governorand legislaturecovering the biennial period ending 144.15 June 30th preceding, therein giving observations and conclusions 144.16 respecting each institution under control of the commissioner. 144.17 This report shall contain the reports of the executive officers 144.18 of the institutions, a statement of the visitations thereto, and 144.19 when and by whom made, the name and salary of every employee of 144.20 the commissioner, and of every officer and employee of the 144.21 several institutions. Such report shall be published under the 144.22 direction of the commissioner of administration and paid for out 144.23 of the appropriation for public printing. The commissioner of 144.24 human services shall make such other reports to the governor as 144.25 the commissioner may from time to time require, or as the 144.26 commissioner may deem necessary, relating to the condition and 144.27 wants of the several institutions. 144.28 Sec. 36. Minnesota Statutes 1996, section 246.64, 144.29 subdivision 3, is amended to read: 144.30 Subd. 3. [RESPONSIBILITIES OF COMMISSIONER.] The 144.31 commissioner shall credit all receipts from billings for rates 144.32 set in subdivision 1, except those credited according to 144.33 subdivision 2, to the chemical dependency fund. This money must 144.34 not be used for a regional treatment center activity that is not 144.35 a chemical dependency service or an allocation of expenditures 144.36 that are included in the base for computation of the rates under 145.1 subdivision 1. The commissioner may expand chemical dependency 145.2 services so long as expenditures are recovered by patient fees, 145.3 transfer of funds, or supplementary appropriations. The 145.4 commissioner may expand or reduce chemical dependency staff 145.5 complement as long as expenditures are recovered by patient 145.6 fees, transfer of funds, or supplementary appropriations. 145.7 Notwithstanding chapters 176 and 268, the commissioner shall 145.8 provide for the self-insurance of regional treatment center 145.9 chemical dependency programs for the costs of reemployment 145.10 insurance and workers' compensation claims.The commissioner145.11shall provide a biennial report to the chairs of the senate145.12division on health care and family services, the house of145.13representatives division on health and housing finance, and the145.14senate health care committee and house of representatives health145.15and human services committee.145.16 Sec. 37. Minnesota Statutes 1996, section 252.035, is 145.17 amended to read: 145.18 252.035 [REGIONAL TREATMENT CENTER CATCHMENT AREAS.] 145.19 The commissioner may administratively designate catchment 145.20 areas for regional treatment centers and state nursing homes. 145.21 Catchment areas may vary by client group served. Catchment 145.22 areas in effect on January 1, 1989, may not be modified until 145.23 the commissioner has consulted with the regional planning 145.24 committees of the affected regional treatment centersand with145.25the chairs of the senate health and human services finance145.26division and the house of representatives health and human145.27services appropriation division. 145.28 Sec. 38. Minnesota Statutes 1996, section 252.291, 145.29 subdivision 3, is amended to read: 145.30 Subd. 3. [DUTIES OF COMMISSIONER OF HUMAN SERVICES.] The 145.31 commissioner shall: 145.32 (a) establish standard admission criteria for state 145.33 hospitals and county utilization targets to limit and reduce the 145.34 number of intermediate care beds in state hospitals and 145.35 community facilities in accordance with approved waivers under 145.36 United States Code, title 42, sections 1396 to 1396p, as amended 146.1 through December 31, 1987, to assure that appropriate services 146.2 are provided in the least restrictive setting; 146.3 (b) define services, including respite care, that may be 146.4 needed in meeting individual service plan objectives; 146.5 (c) provide technical assistance so that county boards may 146.6 establish a request for proposal system for meeting individual 146.7 service plan objectives through home and community-based 146.8 services; alternative community services; or, if no other 146.9 alternative will meet the needs of identifiable individuals for 146.10 whom the county is financially responsible, a new intermediate 146.11 care facility for persons with mental retardation or related 146.12 conditions; 146.13 (d) establish a client tracking and evaluation system as 146.14 required under applicable federal waiver regulations, Code of 146.15 Federal Regulations, title 42, sections 431, 435, 440, and 441, 146.16 as amended through December 31, 1987; and 146.17 (e) develop a state plan for the delivery and funding of 146.18 residential day and support services to persons with mental 146.19 retardation or related conditions in Minnesotaand submit that146.20plan to the clerk of each house of the Minnesota legislature on146.21or before the 15th of January of each biennium beginning January146.2215, 1985. The biennial mental retardation plan shall include 146.23 but not be limited to: 146.24 (1) county by county maximum intermediate care bed 146.25 utilization quotas; 146.26 (2) plans for the development of the number and types of 146.27 services alternative to intermediate care beds; 146.28 (3) procedures for the administration and management of the 146.29 plan; 146.30 (4) procedures for the evaluation of the implementation of 146.31 the plan; and 146.32 (5) the number, type, and location of intermediate care 146.33 beds targeted for decertification. 146.34 The commissioner shall modify the plan to ensure 146.35 conformance with the medical assistance home and community-based 146.36 services waiver. 147.1 Sec. 39. Minnesota Statutes 1996, section 254A.16, 147.2 subdivision 2, is amended to read: 147.3 Subd. 2. (a) The commissioner shall provide program and 147.4 service guidelines and technical assistance to the county boards 147.5 in carrying out services authorized under sections 254A.08, 147.6 254A.12, 254A.14, and their responsibilities under chapter 256E. 147.7 (b) The commissioner shall recommend to the governorand to147.8the legislaturemeans of improving the efficiency and 147.9 effectiveness of comprehensive program services in the state and 147.10 maximizing the use of nongovernmental funds for providing 147.11 comprehensive programs. 147.12 Sec. 40. Minnesota Statutes 1996, section 256.01, 147.13 subdivision 2, is amended to read: 147.14 Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of 147.15 section 241.021, subdivision 2, the commissioner of human 147.16 services shall: 147.17 (1) Administer and supervise all forms of public assistance 147.18 provided for by state law and other welfare activities or 147.19 services as are vested in the commissioner. Administration and 147.20 supervision of human services activities or services includes, 147.21 but is not limited to, assuring timely and accurate distribution 147.22 of benefits, completeness of service, and quality program 147.23 management. In addition to administering and supervising human 147.24 services activities vested by law in the department, the 147.25 commissioner shall have the authority to: 147.26 (a) require county agency participation in training and 147.27 technical assistance programs to promote compliance with 147.28 statutes, rules, federal laws, regulations, and policies 147.29 governing human services; 147.30 (b) monitor, on an ongoing basis, the performance of county 147.31 agencies in the operation and administration of human services, 147.32 enforce compliance with statutes, rules, federal laws, 147.33 regulations, and policies governing welfare services and promote 147.34 excellence of administration and program operation; 147.35 (c) develop a quality control program or other monitoring 147.36 program to review county performance and accuracy of benefit 148.1 determinations; 148.2 (d) require county agencies to make an adjustment to the 148.3 public assistance benefits issued to any individual consistent 148.4 with federal law and regulation and state law and rule and to 148.5 issue or recover benefits as appropriate; 148.6 (e) delay or deny payment of all or part of the state and 148.7 federal share of benefits and administrative reimbursement 148.8 according to the procedures set forth in section 256.017; and 148.9 (f) make contracts with and grants to public and private 148.10 agencies and organizations, both profit and nonprofit, and 148.11 individuals, using appropriated funds. 148.12 (2) Inform county agencies, on a timely basis, of changes 148.13 in statute, rule, federal law, regulation, and policy necessary 148.14 to county agency administration of the programs. 148.15 (3) Administer and supervise all child welfare activities; 148.16 promote the enforcement of laws protecting handicapped, 148.17 dependent, neglected and delinquent children, and children born 148.18 to mothers who were not married to the children's fathers at the 148.19 times of the conception nor at the births of the children; 148.20 license and supervise child-caring and child-placing agencies 148.21 and institutions; supervise the care of children in boarding and 148.22 foster homes or in private institutions; and generally perform 148.23 all functions relating to the field of child welfare now vested 148.24 in the state board of control. 148.25 (4) Administer and supervise all noninstitutional service 148.26 to handicapped persons, including those who are visually 148.27 impaired, hearing impaired, or physically impaired or otherwise 148.28 handicapped. The commissioner may provide and contract for the 148.29 care and treatment of qualified indigent children in facilities 148.30 other than those located and available at state hospitals when 148.31 it is not feasible to provide the service in state hospitals. 148.32 (5) Assist and actively cooperate with other departments, 148.33 agencies and institutions, local, state, and federal, by 148.34 performing services in conformity with the purposes of Laws 148.35 1939, chapter 431. 148.36 (6) Act as the agent of and cooperate with the federal 149.1 government in matters of mutual concern relative to and in 149.2 conformity with the provisions of Laws 1939, chapter 431, 149.3 including the administration of any federal funds granted to the 149.4 state to aid in the performance of any functions of the 149.5 commissioner as specified in Laws 1939, chapter 431, and 149.6 including the promulgation of rules making uniformly available 149.7 medical care benefits to all recipients of public assistance, at 149.8 such times as the federal government increases its participation 149.9 in assistance expenditures for medical care to recipients of 149.10 public assistance, the cost thereof to be borne in the same 149.11 proportion as are grants of aid to said recipients. 149.12 (7) Establish and maintain any administrative units 149.13 reasonably necessary for the performance of administrative 149.14 functions common to all divisions of the department. 149.15 (8) Act as designated guardian of both the estate and the 149.16 person of all the wards of the state of Minnesota, whether by 149.17 operation of law or by an order of court, without any further 149.18 act or proceeding whatever, except as to persons committed as 149.19 mentally retarded. 149.20 (9) Act as coordinating referral and informational center 149.21 on requests for service for newly arrived immigrants coming to 149.22 Minnesota. 149.23 (10) The specific enumeration of powers and duties as 149.24 hereinabove set forth shall in no way be construed to be a 149.25 limitation upon the general transfer of powers herein contained. 149.26 (11) Establish county, regional, or statewide schedules of 149.27 maximum fees and charges which may be paid by county agencies 149.28 for medical, dental, surgical, hospital, nursing and nursing 149.29 home care and medicine and medical supplies under all programs 149.30 of medical care provided by the state and for congregate living 149.31 care under the income maintenance programs. 149.32 (12) Have the authority to conduct and administer 149.33 experimental projects to test methods and procedures of 149.34 administering assistance and services to recipients or potential 149.35 recipients of public welfare. To carry out such experimental 149.36 projects, it is further provided that the commissioner of human 150.1 services is authorized to waive the enforcement of existing 150.2 specific statutory program requirements, rules, and standards in 150.3 one or more counties. The order establishing the waiver shall 150.4 provide alternative methods and procedures of administration, 150.5 shall not be in conflict with the basic purposes, coverage, or 150.6 benefits provided by law, and in no event shall the duration of 150.7 a project exceed four years. It is further provided that no 150.8 order establishing an experimental project as authorized by the 150.9 provisions of this section shall become effective until the 150.10 following conditions have been met: 150.11 (a)The proposed comprehensive plan, including estimated150.12project costs and the proposed order establishing the waiver,150.13shall be filed with the secretary of the senate and chief clerk150.14of the house of representatives at least 60 days prior to its150.15effective date.150.16(b)The secretary of health, education, and welfare of the 150.17 United States has agreed, for the same project, to waive state 150.18 plan requirements relative to statewide uniformity. 150.19(c)(b) A comprehensive plan, including estimated project 150.20 costs, shall be approved by the legislative advisory commission 150.21 and filed with the commissioner of administration. 150.22 (13) In accordance with federal requirements, establish 150.23 procedures to be followed by local welfare boards in creating 150.24 citizen advisory committees, including procedures for selection 150.25 of committee members. 150.26 (14) Allocate federal fiscal disallowances or sanctions 150.27 which are based on quality control error rates for the aid to 150.28 families with dependent children, medical assistance, or food 150.29 stamp program in the following manner: 150.30 (a) One-half of the total amount of the disallowance shall 150.31 be borne by the county boards responsible for administering the 150.32 programs. For the medical assistance and AFDC programs, 150.33 disallowances shall be shared by each county board in the same 150.34 proportion as that county's expenditures for the sanctioned 150.35 program are to the total of all counties' expenditures for the 150.36 AFDC and medical assistance programs. For the food stamp 151.1 program, sanctions shall be shared by each county board, with 50 151.2 percent of the sanction being distributed to each county in the 151.3 same proportion as that county's administrative costs for food 151.4 stamps are to the total of all food stamp administrative costs 151.5 for all counties, and 50 percent of the sanctions being 151.6 distributed to each county in the same proportion as that 151.7 county's value of food stamp benefits issued are to the total of 151.8 all benefits issued for all counties. Each county shall pay its 151.9 share of the disallowance to the state of Minnesota. When a 151.10 county fails to pay the amount due hereunder, the commissioner 151.11 may deduct the amount from reimbursement otherwise due the 151.12 county, or the attorney general, upon the request of the 151.13 commissioner, may institute civil action to recover the amount 151.14 due. 151.15 (b) Notwithstanding the provisions of paragraph (a), if the 151.16 disallowance results from knowing noncompliance by one or more 151.17 counties with a specific program instruction, and that knowing 151.18 noncompliance is a matter of official county board record, the 151.19 commissioner may require payment or recover from the county or 151.20 counties, in the manner prescribed in paragraph (a), an amount 151.21 equal to the portion of the total disallowance which resulted 151.22 from the noncompliance, and may distribute the balance of the 151.23 disallowance according to paragraph (a). 151.24 (15) Develop and implement special projects that maximize 151.25 reimbursements and result in the recovery of money to the 151.26 state. For the purpose of recovering state money, the 151.27 commissioner may enter into contracts with third parties. Any 151.28 recoveries that result from projects or contracts entered into 151.29 under this paragraph shall be deposited in the state treasury 151.30 and credited to a special account until the balance in the 151.31 account reaches $1,000,000. When the balance in the account 151.32 exceeds $1,000,000, the excess shall be transferred and credited 151.33 to the general fund. All money in the account is appropriated 151.34 to the commissioner for the purposes of this paragraph. 151.35 (16) Have the authority to make direct payments to 151.36 facilities providing shelter to women and their children 152.1 pursuant to section 256D.05, subdivision 3. Upon the written 152.2 request of a shelter facility that has been denied payments 152.3 under section 256D.05, subdivision 3, the commissioner shall 152.4 review all relevant evidence and make a determination within 30 152.5 days of the request for review regarding issuance of direct 152.6 payments to the shelter facility. Failure to act within 30 days 152.7 shall be considered a determination not to issue direct payments. 152.8 (17) Have the authority to establish and enforce the 152.9 following county reporting requirements: 152.10 (a) The commissioner shall establish fiscal and statistical 152.11 reporting requirements necessary to account for the expenditure 152.12 of funds allocated to counties for human services programs. 152.13 When establishing financial and statistical reporting 152.14 requirements, the commissioner shall evaluate all reports, in 152.15 consultation with the counties, to determine if the reports can 152.16 be simplified or the number of reports can be reduced. 152.17 (b) The county board shall submit monthly or quarterly 152.18 reports to the department as required by the commissioner. 152.19 Monthly reports are due no later than 15 working days after the 152.20 end of the month. Quarterly reports are due no later than 30 152.21 calendar days after the end of the quarter, unless the 152.22 commissioner determines that the deadline must be shortened to 152.23 20 calendar days to avoid jeopardizing compliance with federal 152.24 deadlines or risking a loss of federal funding. Only reports 152.25 that are complete, legible, and in the required format shall be 152.26 accepted by the commissioner. 152.27 (c) If the required reports are not received by the 152.28 deadlines established in clause (b), the commissioner may delay 152.29 payments and withhold funds from the county board until the next 152.30 reporting period. When the report is needed to account for the 152.31 use of federal funds and the late report results in a reduction 152.32 in federal funding, the commissioner shall withhold from the 152.33 county boards with late reports an amount equal to the reduction 152.34 in federal funding until full federal funding is received. 152.35 (d) A county board that submits reports that are late, 152.36 illegible, incomplete, or not in the required format for two out 153.1 of three consecutive reporting periods is considered 153.2 noncompliant. When a county board is found to be noncompliant, 153.3 the commissioner shall notify the county board of the reason the 153.4 county board is considered noncompliant and request that the 153.5 county board develop a corrective action plan stating how the 153.6 county board plans to correct the problem. The corrective 153.7 action plan must be submitted to the commissioner within 45 days 153.8 after the date the county board received notice of noncompliance. 153.9 (e) The final deadline for fiscal reports or amendments to 153.10 fiscal reports is one year after the date the report was 153.11 originally due. If the commissioner does not receive a report 153.12 by the final deadline, the county board forfeits the funding 153.13 associated with the report for that reporting period and the 153.14 county board must repay any funds associated with the report 153.15 received for that reporting period. 153.16 (f) The commissioner may not delay payments, withhold 153.17 funds, or require repayment under paragraph (c) or (e) if the 153.18 county demonstrates that the commissioner failed to provide 153.19 appropriate forms, guidelines, and technical assistance to 153.20 enable the county to comply with the requirements. If the 153.21 county board disagrees with an action taken by the commissioner 153.22 under paragraph (c) or (e), the county board may appeal the 153.23 action according to sections 14.57 to 14.69. 153.24 (g) Counties subject to withholding of funds under 153.25 paragraph (c) or forfeiture or repayment of funds under 153.26 paragraph (e) shall not reduce or withhold benefits or services 153.27 to clients to cover costs incurred due to actions taken by the 153.28 commissioner under paragraph (c) or (e). 153.29 (18) Allocate federal fiscal disallowances or sanctions for 153.30 audit exceptions when federal fiscal disallowances or sanctions 153.31 are based on a statewide random sample for the foster care 153.32 program under title IV-E of the Social Security Act, United 153.33 States Code, title 42, in direct proportion to each county's 153.34 title IV-E foster care maintenance claim for that period. 153.35 Sec. 41. Minnesota Statutes 1996, section 256.016, is 153.36 amended to read: 154.1 256.016 [PLAIN LANGUAGE IN WRITTEN MATERIALS.] 154.2 (a) To the extent reasonable and consistent with the goals 154.3 of providing easily understandable and readable materials and 154.4 complying with federal and state laws governing the programs, 154.5 all written materials relating to services and determinations of 154.6 eligibility for or amounts of benefits that will be given to 154.7 applicants for or recipients of assistance under a program 154.8 administered or supervised by the commissioner of human services 154.9 must be understandable to a person who reads at the 154.10 seventh-grade level, using the Flesch scale analysis readability 154.11 score as determined under section 72C.09. 154.12 (b) All written materials relating to determinations of 154.13 eligibility for or amounts of benefits that will be given to 154.14 applicants for or recipients of assistance under programs 154.15 administered or supervised by the commissioner of human services 154.16 must be developed to satisfy the plain language requirements of 154.17 the plain language contract act under sections 325G.29 to 154.18 325G.36. Materials may be submitted to the attorney general for 154.19 review and certification. Notwithstanding section 325G.35, 154.20 subdivision 1, the attorney general shall review submitted 154.21 materials to determine whether they comply with the requirements 154.22 of section 325G.31. The remedies available pursuant to sections 154.23 8.31 and 325G.33 to 325G.36 do not apply to these materials. 154.24 Failure to comply with this section does not provide a basis for 154.25 suspending the implementation or operation of other laws 154.26 governing programs administered by the commissioner. 154.27 (c) The requirements of this section apply to all materials 154.28 modified or developed by the commissioner on or after July 1, 154.29 1988. The requirements of this section do not apply to 154.30 materials that must be submitted to a federal agency for 154.31 approval, to the extent that application of the requirements 154.32 prevents federal approval. 154.33 (d) Nothing in this section may be construed to prohibit a 154.34 lawsuit brought to require the commissioner to comply with this 154.35 section or to affect individual appeal rights granted pursuant 154.36 to section 256.045. 155.1(e) The commissioner shall report annually to the chairs of155.2the health and human services divisions of the senate finance155.3committee and the house of representatives appropriations155.4committee on the number and outcome of cases that raise the155.5issue of the commissioner's compliance with this section.155.6 Sec. 42. Minnesota Statutes 1996, section 256.736, 155.7 subdivision 3a, is amended to read: 155.8 Subd. 3a. [PARTICIPATION.] (a) Except as provided under 155.9 paragraphs (b) and (c), participation in employment and training 155.10 services under this section is limited to the following 155.11 recipients: 155.12 (1) caretakers who are required to participate in a job 155.13 search under subdivision 14; 155.14 (2) custodial parents who are subject to the school 155.15 attendance or case management participation requirements under 155.16 subdivision 3b; 155.17 (3) caretakers whose participation in employment and 155.18 training services began prior to May 1, 1990, if the caretaker's 155.19 AFDC eligibility has not been interrupted for 30 days or more 155.20 and the caretaker's employability development plan has not been 155.21 completed; 155.22 (4) recipients who are members of a family in which the 155.23 youngest child is within two years of being ineligible for AFDC 155.24 due to age; 155.25 (5) custodial parents under the age of 24 who: (i) have 155.26 not completed a high school education and who, at the time of 155.27 application for AFDC, were not enrolled in high school or in a 155.28 high school equivalency program; or (ii) have had little or no 155.29 work experience in the preceding year; 155.30 (6) recipients who have received AFDC for 36 or more months 155.31 out of the last 60 months; 155.32 (7) recipients who are participants in the self-employment 155.33 investment demonstration project under section 268.95; and 155.34 (8) recipients who participate in the new chance research 155.35 and demonstration project under contract with the department of 155.36 human services. 156.1 (b) If the commissioner determines that participation of 156.2 persons listed in paragraph (a) in employment and training 156.3 services is insufficient either to meet federal performance 156.4 targets or to fully utilize funds appropriated under this 156.5 section, the commissioner may, after notifying the chairs of the156.6senate family services committee, the house health and human156.7services committee, the family services division of the senate156.8family services and health care committees, and the human156.9services division of the house health and human services156.10committee,permit additional groups of recipients to participate 156.11 until the next meeting of the legislative advisory commission, 156.12 after which the additional groups may continue to enroll for 156.13 participation unless the legislative advisory commission 156.14 disapproves the continued enrollment. The commissioner shall 156.15 allow participation of additional groups in the following order 156.16 only as needed to meet performance targets or fully utilize 156.17 funding for employment and training services under this section: 156.18 (1) recipients who have received 24 or more months of AFDC 156.19 out of the previous 48 months; and 156.20 (2) recipients who have not completed a high school 156.21 education or a high school equivalency program. 156.22 (c) To the extent of money appropriated specifically for 156.23 this paragraph, the commissioner may permit AFDC caretakers who 156.24 are not eligible for participation in employment and training 156.25 services under the provisions of paragraph (a) or (b) to 156.26 participate. Money must be allocated to county agencies based 156.27 on the county's percentage of participants statewide in services 156.28 under this section in the prior calendar year. Caretakers must 156.29 be selected on a first-come, first-served basis from a waiting 156.30 list of caretakers who volunteer to participate. The 156.31 commissioner may, on a quarterly basis, reallocate unused 156.32 allocations to county agencies that have sufficient volunteers. 156.33 If funding under this paragraph is discontinued in future fiscal 156.34 years, caretakers who began participating under this paragraph 156.35 must be deemed eligible under paragraph (a), clause (3). 156.36 (d) Participants who are eligible and enroll in the STRIDE 157.1 program under one of the categories of this subdivision are 157.2 required to cooperate with the assessment and employability plan 157.3 development and to meet the terms of their employability plan. 157.4 Failure to comply, without good cause, shall result in the 157.5 imposition of sanctions as specified in subdivision 4, clause 157.6 (6). 157.7 Sec. 43. Minnesota Statutes 1996, section 256.7365, 157.8 subdivision 7, is amended to read: 157.9 Subd. 7. [DEMONSTRATION AND EVALUATION.] For the biennium 157.10 ending June 30, 1989, projects are demonstration projects to 157.11 test the effectiveness of differing approaches to serving 157.12 populations with acute needs. The commissioner of human 157.13 services shall submitto the governor and the legislature a157.14progress report by February 1, 1989, and shall submit subsequent157.15 program evaluation reports to the governor as part of the 157.16 biennial plan. 157.17 Sec. 44. Minnesota Statutes 1996, section 256.9742, 157.18 subdivision 1, is amended to read: 157.19 Subdivision 1. [DUTIES.] The ombudsman shall: 157.20 (1) gather information and evaluate any act, practice, 157.21 policy, procedure, or administrative action of a long-term care 157.22 facility, acute care facility, home care service provider, or 157.23 government agency that may adversely affect the health, safety, 157.24 welfare, or rights of any client; 157.25 (2) mediate or advocate on behalf of clients; 157.26 (3) monitor the development and implementation of federal, 157.27 state, or local laws, rules, regulations, and policies affecting 157.28 the rights and benefits of clients; 157.29 (4) comment on and recommend tothe legislature andpublic 157.30 and private agencies regarding laws, rules, regulations, and 157.31 policies affecting clients; 157.32 (5) inform public agencies about the problems of clients; 157.33 (6) provide for training of volunteers and promote the 157.34 development of citizen participation in the work of the office; 157.35 (7) conduct public forums to obtain information about and 157.36 publicize issues affecting clients; 158.1 (8) provide public education regarding the health, safety, 158.2 welfare, and rights of clients; and 158.3 (9) collect and analyze data relating to complaints, 158.4 conditions, and services. 158.5 Sec. 45. Minnesota Statutes 1996, section 256D.04, is 158.6 amended to read: 158.7 256D.04 [DUTIES OF THE COMMISSIONER.] 158.8 In addition to any other duties imposed by law, the 158.9 commissioner shall: 158.10 (1) Supervise according to section 256.01 the 158.11 administration of general assistance and general assistance 158.12 medical care by county agencies as provided in sections 256D.01 158.13 to 256D.21; 158.14 (2) Promulgate uniform rules consistent with law for 158.15 carrying out and enforcing the provisions of sections 256D.01 to 158.16 256D.21, including section 256D.05, subdivision 3, and section 158.17 256.01, subdivision 2, paragraph (16), to the end that general 158.18 assistance may be administered as uniformly as possible 158.19 throughout the state; rules shall be furnished immediately to 158.20 all county agencies and other interested persons; in 158.21 promulgating rules, the provisions of sections 14.001 to 14.69, 158.22 shall apply; 158.23 (3) Allocate money appropriated for general assistance and 158.24 general assistance medical care to county agencies as provided 158.25 in section 256D.03, subdivisions 2 and 3; 158.26 (4) Accept and supervise the disbursement of any funds that 158.27 may be provided by the federal government or from other sources 158.28 for use in this state for general assistance and general 158.29 assistance medical care; 158.30 (5) Cooperate with other agencies including any agency of 158.31 the United States or of another state in all matters concerning 158.32 the powers and duties of the commissioner under sections 256D.01 158.33 to 256D.21; 158.34 (6) Cooperate to the fullest extent with other public 158.35 agencies empowered by law to provide vocational training, 158.36 rehabilitation, or similar services; 159.1 (7) Gather and study current information and report at 159.2 least annually to the governorand legislatureon the nature and 159.3 need for general assistance and general assistance medical care, 159.4 the amounts expended under the supervision of each county 159.5 agency, and the activities of each county agency and publish 159.6 such reports for the information of the public; 159.7 (8) Specify requirements for general assistance and general 159.8 assistance medical care reports, including fiscal reports, 159.9 according to section 256.01, subdivision 2, paragraph (17); and 159.10 (9) Ensure that every notice of eligibility for general 159.11 assistance includes a notice that women who are pregnant may be 159.12 eligible for medical assistance benefits. 159.13 Sec. 46. Minnesota Statutes 1996, section 256E.04, 159.14 subdivision 1, is amended to read: 159.15 Subdivision 1. The commissioner shall prepare a biennial 159.16 social services plan and present the plan to the governorand159.17the legislature. The commissioner shall update the plan 159.18 biennially. The plan shall include: 159.19 (a) a description of state social service programs and 159.20 priorities; 159.21 (b) an overview of all county biennial community social 159.22 services plans; 159.23 (c) identification of social services program requirements 159.24 which counties have identified as unnecessarily administratively 159.25 burdensome; 159.26 (d) identification of social services program requirements 159.27 for which inadequate state and local funding is available; and 159.28 (e) identification of unmet needs reported by the county 159.29 agencies. 159.30 The commissioner shall consult with the heads of human 159.31 service related state departments and agencies in preparing the 159.32 coordination statement required by this subdivision. 159.33 Sec. 47. Minnesota Statutes 1996, section 256F.04, 159.34 subdivision 3, is amended to read: 159.35 Subd. 3. [MONITORING.] The commissioner shall design and 159.36 implement methods for monitoring the delivery and evaluating the 160.1 effectiveness of placement prevention and family reunification 160.2 services. The commissioner shall monitor the provision of 160.3 family-based services,and conduct evaluations, and prepare and160.4submit biannual reports to the legislature. 160.5 Sec. 48. Minnesota Statutes 1996, section 260.181, 160.6 subdivision 3a, is amended to read: 160.7 Subd. 3a. [REPORTS; JUVENILES PLACED OUT OF STATE.](a)160.8 Whenever a child is placed in a residential program located 160.9 outside of this state pursuant to a disposition order issued 160.10 under section 260.185 or 260.191, the juvenile court 160.11 administrator shall report the following information to the 160.12 state court administrator: 160.13 (1) the fact that the placement is out of state; 160.14 (2) the type of placement; and 160.15 (3) the reason for the placement. 160.16(b) By July 1, 1994, and each year thereafter, the state160.17court administrator shall file a report with the legislature160.18containing the information reported under paragraph (a) during160.19the previous calendar year.160.20 Sec. 49. Minnesota Statutes 1996, section 290.171, is 160.21 amended to read: 160.22 290.171 [ENACTMENT OF MULTISTATE TAX COMPACT.] 160.23 The "multistate tax compact" is hereby enacted into law to 160.24 the extent provided in this section and entered into with all 160.25 jurisdictions legally joining therein, in the form substantially 160.26 as follows: 160.27 Article I. Purposes. 160.28 The purposes of this compact are to: 160.29 1. Facilitate proper determination of state and local tax 160.30 liability of multistate taxpayers, including the equitable 160.31 apportionment of tax bases and settlement of apportionment 160.32 disputes. 160.33 2. Promote uniformity or compatibility in significant 160.34 components of tax systems. 160.35 3. Facilitate taxpayer convenience and compliance in the 160.36 filing of tax returns and in other phases of tax administration. 161.1 4. Avoid duplicative taxation. 161.2 Article II. Definitions. 161.3 As used in this compact: 161.4 1. "State" means a state of the United States, the 161.5 District of Columbia, the Commonwealth of Puerto Rico, or any 161.6 territory or possession of the United States. 161.7 2. "Subdivision" means any governmental unit or special 161.8 district of a state. 161.9 3. "Taxpayer" means any corporation, partnership, firm, 161.10 association, governmental unit or agency or person acting as a 161.11 business entity in more than one state. 161.12 4. "Income tax" means a tax imposed on or measured by net 161.13 income including any tax imposed on or measured by an amount 161.14 arrived at by deducting expenses from gross income, one or more 161.15 forms of which expenses are not specifically and directly 161.16 related to particular transactions. 161.17 5. "Capital stock tax" means a tax measured in any way by 161.18 the capital of a corporation considered in its entirety. 161.19 6. "Gross receipts tax" means a tax, other than a sales 161.20 tax, which is imposed on or measured by the gross volume of 161.21 business, in terms of gross receipts or in other terms, and in 161.22 the determination of which no deduction is allowed which would 161.23 constitute the tax an income tax. 161.24 7. "Sales tax" means a tax imposed with respect to the 161.25 transfer for a consideration of ownership, possession or custody 161.26 of tangible personal property or the rendering of services 161.27 measured by the price of the tangible personal property 161.28 transferred or services rendered and which is required by state 161.29 or local law to be separately stated from the sales price by the 161.30 seller, or which is customarily separately stated from the sales 161.31 price, but does not include a tax imposed exclusively on the 161.32 sale of a specifically identified commodity or article or class 161.33 of commodities or articles. 161.34 8. "Use tax" means a nonrecurring tax, other than a sales 161.35 tax, which (a) is imposed on or with respect to the exercise or 161.36 enjoyment of any right or power over tangible personal property 162.1 incident to the ownership, possession or custody of that 162.2 property or the leasing of that property from another including 162.3 any consumption, keeping, retention, or other use of tangible 162.4 personal property and (b) is complementary to a sales tax. 162.5 9. "Tax" means an income tax, capital stock tax, gross 162.6 receipts tax, sales tax, use tax, and any other tax which has a 162.7 multistate impact, except that the provisions of article V of 162.8 this compact shall apply only to the taxes specifically 162.9 designated therein. 162.10 Article III. Elements of Income Tax Laws. 162.11 Article IV. Division of Income. 162.12 Article V. Elements of Sales and Use Tax Laws. 162.13 Tax Credit. 162.14 1. Each purchaser liable for a use tax on tangible 162.15 personal property shall be entitled to full credit for the 162.16 combined amount or amounts of legally imposed sales or use taxes 162.17 paid by him with respect to the same property to another state 162.18 and any subdivision thereof. The credit shall be applied first 162.19 against the amount of any use tax due the state, and any unused 162.20 portion of the credit shall then be applied against the amount 162.21 of any use tax due a subdivision. 162.22 2. Whenever a vendor receives and accepts in good faith 162.23 from a purchaser a resale or other exemption certificate or 162.24 other written evidence of exemption authorized by the 162.25 appropriate state or subdivision taxing authority, the vendor 162.26 shall be relieved of liability for a sales or use tax with 162.27 respect to the transaction. 162.28 Article VI. The Commission. 162.29 Organization and Management. 162.30 1. (a) The multistate tax commission is hereby 162.31 established. It shall be composed of one "member" from each 162.32 party state who shall be the head of the state agency charged 162.33 with the administration of the types of taxes to which this 162.34 compact applies. If there is more than one such agency the 162.35 state shall provide by law for the selection of the commission 162.36 member from the heads of the relevant agencies. State law may 163.1 provide that a member of the commission be represented by an 163.2 alternate but only if there is on file with the commission 163.3 written notification of the designation and identity of the 163.4 alternate. The attorney general of each party state or his 163.5 designee, or other counsel if the laws of the party state 163.6 specifically provide, shall be entitled to attend the meetings 163.7 of the commission, but shall not vote. Such attorneys general, 163.8 designees, or other counsel shall receive all notices of 163.9 meetings required under paragraph 1(e) of this article. 163.10 (b) Each party state shall provide by law for the selection 163.11 of representatives from its subdivisions affected by this 163.12 compact to consult with the commission member from that state. 163.13 (c) Each member shall be entitled to one vote. The 163.14 commission shall not act unless a majority of the members are 163.15 present, and no action shall be binding unless approved by a 163.16 majority of the total number of members. 163.17 (d) The commission shall adopt an official seal to be used 163.18 as it may provide. 163.19 (e) The commission shall hold an annual meeting and such 163.20 other regular meetings as its bylaws may provide and such 163.21 special meetings as its executive committee may determine. The 163.22 commission bylaws shall specify the dates of the annual and any 163.23 other regular meetings, and shall provide for the giving of 163.24 notice of annual, regular and special meetings. Notices of 163.25 special meetings shall include the reasons therefor and an 163.26 agenda of the items to be considered. 163.27 (f) The commission shall elect annually, from among its 163.28 members, a chairman, a vice-chairman and a treasurer. The 163.29 commission shall appoint an executive director who shall serve 163.30 at its pleasure, and it shall fix his duties and compensation. 163.31 The executive director shall be secretary of the commission. 163.32 The commission shall make provision for the bonding of such of 163.33 its officers and employees as it may deem appropriate. 163.34 (g) Irrespective of the civil service, personnel or other 163.35 merit system laws of any party state, the executive director 163.36 shall appoint or discharge such personnel as may be necessary 164.1 for the performance of the functions of the commission and shall 164.2 fix their duties and compensation. The commission bylaws shall 164.3 provide for personnel policies and programs. 164.4 (h) The commission may borrow, accept or contract for the 164.5 services of personnel from any state, the United States, or any 164.6 other governmental entity. 164.7 (i) The commission may accept for any of its purposes and 164.8 functions any and all donations and grants of money, equipment, 164.9 supplies, materials and services, conditional or otherwise, from 164.10 any governmental entity, and may utilize and dispose of the same. 164.11 (j) The commission may establish one or more offices for 164.12 the transacting of its business. 164.13 (k) The commission shall adopt bylaws for the conduct of 164.14 its business. The commission shall publish its bylaws in 164.15 convenient form, and shall file a copy of the bylaws and any 164.16 amendments thereto with the appropriate agency or officer in 164.17 each of the party states. 164.18 (l) The commission annually shall make to the governorand164.19legislatureof each party state a report covering its activities 164.20 for the preceding year. Any donation or grant accepted by the 164.21 commission or services borrowed shall be reported in the annual 164.22 report of the commission, and shall include the nature, amount 164.23 and conditions, if any, of the donation, gift, grant or services 164.24 borrowed and the identity of the donor or lender. The 164.25 commission may make additional reports as it may deem desirable. 164.26 Committees. 164.27 2. (a) To assist in the conduct of its business when the 164.28 full commission is not meeting, the commission shall have an 164.29 executive committee of seven members, including the chairman, 164.30 vice chairman, treasurer and four other members elected annually 164.31 by the commission. The executive committee, subject to the 164.32 provisions of this compact and consistent with the policies of 164.33 the commission, shall function as provided in the bylaws of the 164.34 commission. 164.35 (b) The commission may establish advisory and technical 164.36 committees, membership on which may include private persons and 165.1 public officials, in furthering any of its activities. Such 165.2 committees may consider any matter of concern to the commission, 165.3 including problems of special interest to any party state and 165.4 problems dealing with particular types of taxes. 165.5 (c) The commission may establish such additional committees 165.6 as its bylaws may provide. 165.7 Powers. 165.8 3. In addition to powers conferred elsewhere in this 165.9 compact, the commission shall have power to: 165.10 (a) Study state and local tax systems and particular types 165.11 of state and local taxes. 165.12 (b) Develop and recommend proposals for an increase in 165.13 uniformity or compatibility of state and local tax laws with a 165.14 view toward encouraging the simplification and improvement of 165.15 state and local tax law and administration. 165.16 (c) Compile and publish information as in its judgment 165.17 would assist the party states in implementation of the compact 165.18 and taxpayers in complying with state and local tax laws. 165.19 (d) Do all things necessary and incidental to the 165.20 administration of its functions pursuant to this compact. 165.21 Finance. 165.22 4. (a) The commission shall submit to the governor or 165.23 designated officer or officers of each party state a budget of 165.24 its estimated expenditures for such period as may be required by 165.25 the laws of that state for presentation to the legislature 165.26 thereof. 165.27 (b) Each of the commission's budgets of estimated 165.28 expenditures shall contain specific recommendations of the 165.29 amounts to be appropriated by each of the party states. The 165.30 total amount of appropriations requested under any such budget 165.31 shall be apportioned among the party states as follows: 165.32 one-tenth in equal shares; and the remainder in proportion to 165.33 the amount of revenue collected by each party state and its 165.34 subdivisions from income taxes, capital stock taxes, gross 165.35 receipts taxes, sales and use taxes. In determining such 165.36 amounts, the commission shall employ such available public 166.1 sources of information as, in its judgment, present the most 166.2 equitable and accurate comparisons among the party states. Each 166.3 of the commission's budgets of estimated expenditures and 166.4 requests for appropriations shall indicate the sources used in 166.5 obtaining information employed in applying the formula contained 166.6 in this paragraph. 166.7 (c) The commission shall not pledge the credit of any party 166.8 state. The commission may meet any of its obligations in whole 166.9 or in part with funds available to it under paragraph 1(i) of 166.10 this article, provided that the commission takes specific action 166.11 setting aside such funds prior to incurring any obligation to be 166.12 met in whole or in part in such manner. Except where the 166.13 commission makes use of funds available to it under paragraph 166.14 1(i), the commission shall not incur any obligation prior to the 166.15 allotment of funds by the party states adequate to meet the same. 166.16 (d) The commission shall keep accurate accounts of all 166.17 receipts and disbursements. The receipts and disbursements of 166.18 the commission shall be subject to the audit and accounting 166.19 procedures established under its bylaws. All receipts and 166.20 disbursements of funds handled by the commission shall be 166.21 audited yearly by a certified or licensed public accountant and 166.22 the report of the audit shall be included in and become part of 166.23 the annual report of the commission. 166.24 (e) The accounts of the commission shall be open at any 166.25 reasonable time for inspection by duly constituted officers of 166.26 the party states and by any persons authorized by the commission. 166.27 (f) Nothing contained in this article shall be construed to 166.28 prevent commission compliance with laws relating to audit or 166.29 inspection of accounts by or on behalf of any government 166.30 contributing to the support of the commission. 166.31 Article VII. Uniform Regulations and Forms. 166.32 1. Whenever any two or more party states, or subdivisions 166.33 of party states, have uniform or similar provisions of law 166.34 relating to an income tax, capital stock tax, gross receipts 166.35 tax, sales or use tax, the commission may adopt uniform 166.36 regulations for any phase of the administration of such law, 167.1 including assertion of jurisdiction to tax, or prescribing 167.2 uniform tax forms. 167.3 2. Prior to the adoption of any regulation, the commission 167.4 shall: 167.5 (a) As provided in its bylaws, hold at least one public 167.6 hearing on due notice to all affected party states and 167.7 subdivisions thereof and to all taxpayers and other persons who 167.8 have made timely request of the commission for advance notice of 167.9 its regulation-making proceedings. 167.10 (b) Afford all affected party states and subdivisions and 167.11 interested persons an opportunity to submit relevant written 167.12 data and views, which shall be considered fully by the 167.13 commission. 167.14 3. The commission shall submit any regulations adopted by 167.15 it to the appropriate officials of all party states and 167.16 subdivisions to which they might apply. Each such state and 167.17 subdivision shall consider any such regulation for adoption in 167.18 accordance with its own laws and procedures. 167.19 Article VIII. Interstate Audits. 167.20 1. Any party state or subdivision thereof desiring to make 167.21 or participate in an audit of any accounts, books, papers, 167.22 records or other documents may request the commission to perform 167.23 the audit on its behalf. In responding to the request, the 167.24 commission shall have access to and may examine, at any 167.25 reasonable time, such accounts, books, papers, records, and 167.26 other documents and any relevant property or stock of 167.27 merchandise. The commission may enter into agreements with 167.28 party states or their subdivisions for assistance in performance 167.29 of the audit. The commission shall make charges, to be paid by 167.30 the state or local government or governments for which it 167.31 performs the service, for any audits performed by it in order to 167.32 reimburse itself for the actual costs incurred in making the 167.33 audit. 167.34 2. The commission may require the attendance of any person 167.35 within the state where it is conducting an audit or part thereof 167.36 at a time and place fixed by it within such state for the 168.1 purpose of giving testimony with respect to any account, book, 168.2 paper, document, other record, property or stock of merchandise 168.3 being examined in connection with the audit. If the person is 168.4 not within the jurisdiction, he may be required to attend for 168.5 such purpose at any time and place fixed by the commission 168.6 within the state of which he is a resident, provided that such 168.7 state has adopted this article. 168.8 3. The commission may apply to any court having power to 168.9 issue compulsory process for orders in aid of its powers and 168.10 responsibilities pursuant to this article and any and all such 168.11 courts shall have jurisdiction to issue such orders. Failure of 168.12 any person to obey any such order shall be punishable as 168.13 contempt of the issuing court. If the party or subject matter 168.14 on account of which the commission seeks an order is within the 168.15 jurisdiction of the court to which application is made, such 168.16 application may be to a court in the state or subdivision on 168.17 behalf of which the audit is being made or a court in the state 168.18 in which the object of the order being sought is situated. The 168.19 provisions of this paragraph apply only to courts in a state 168.20 that has adopted this article. 168.21 4. The commission may decline to perform any audit 168.22 requested if it finds that its available personnel or other 168.23 resources are insufficient for the purpose or that, in the terms 168.24 requested, the audit is impracticable of satisfactory 168.25 performance. If the commission, on the basis of its experience, 168.26 has reason to believe that an audit of a particular taxpayer, 168.27 either at a particular time or on a particular schedule, would 168.28 be of interest to a number of party states or their 168.29 subdivisions, it may offer to make the audit or audits, the 168.30 offer to be contingent on sufficient participation therein as 168.31 determined by the commission. 168.32 5. Information obtained by any audit pursuant to this 168.33 article shall be confidential and available only for tax 168.34 purposes to party states, their subdivisions or the United 168.35 States. Availability of information shall be in accordance with 168.36 the laws of the states or subdivisions on whose account the 169.1 commission performs the audit, and only through the appropriate 169.2 agencies or officers of such states or subdivisions. Nothing in 169.3 this article shall be construed to require any taxpayer to keep 169.4 records for any period not otherwise required by law. 169.5 6. Other arrangements made or authorized pursuant to law 169.6 for cooperative audit by or on behalf of the party states or any 169.7 of their subdivisions are not superseded or invalidated by this 169.8 article. 169.9 7. In no event shall the commission make any charge 169.10 against a taxpayer for an audit. 169.11 8. As used in this article, "tax," in addition to the 169.12 meaning ascribed to it in article II, means any tax or license 169.13 fee imposed in whole or in part for revenue purposes. 169.14 Article IX. Arbitration. 169.15 1. Whenever the commission finds a need for settling 169.16 disputes concerning apportionments and allocations by 169.17 arbitration, it may adopt a regulation placing this article in 169.18 effect, notwithstanding the provisions of article VII. 169.19 2. The commission shall select and maintain an arbitration 169.20 panel composed of officers and employees of state and local 169.21 governments and private persons who shall be knowledgeable and 169.22 experienced in matters of tax law and administration. 169.23 3. Whenever the laws of the party states or subdivisions 169.24 thereof are substantially identical with the relevant provisions 169.25 of this chapter, the taxpayer, by written notice to the 169.26 commission and to each party state or subdivision thereof that 169.27 would be affected, may secure arbitration of an apportionment or 169.28 allocation, if he is dissatisfied with the final administrative 169.29 determination of the tax agency of the state or subdivision with 169.30 respect thereto on the ground that it would subject him to 169.31 double or multiple taxation by two or more party states or 169.32 subdivisions thereof. Each party state and subdivision thereof 169.33 hereby consents to the arbitration as provided herein, and 169.34 agrees to be bound thereby. 169.35 4. The arbitration board shall be composed of one person 169.36 selected by the taxpayer, one by the agency or agencies 170.1 involved, and one member of the commission's arbitration panel. 170.2 If the agencies involved are unable to agree on the person to be 170.3 selected by them, such person shall be selected by lot from the 170.4 total membership of the arbitration panel. The two persons 170.5 selected for the board in the manner provided by the foregoing 170.6 provisions of this paragraph shall jointly select the third 170.7 member of the board. If they are unable to agree on the 170.8 selection, the third member shall be selected by lot from among 170.9 the total membership of the arbitration panel. No member of a 170.10 board selected by lot shall be qualified to serve if he is an 170.11 officer or employee or is otherwise affiliated with any party to 170.12 the arbitration proceeding. Residence within the jurisdiction 170.13 of a party to the arbitration proceeding shall not constitute 170.14 affiliation within the meaning of this paragraph. 170.15 5. The board may sit in any state or subdivision party to 170.16 the proceeding, in the state of the taxpayer's incorporation, 170.17 residence or domicile, in any state where the taxpayer does 170.18 business, or in any place that it finds most appropriate for 170.19 gaining access to evidence relevant to the matter before it. 170.20 6. The board shall give due notice of the times and places 170.21 of its hearings. The parties shall be entitled to be heard, to 170.22 present evidence, and to examine and cross-examine witnesses. 170.23 The board shall act by majority vote. 170.24 7. The board shall have power to administer oaths, take 170.25 testimony, subpoena and require the attendance of witnesses and 170.26 the production of accounts, books, papers, records, and other 170.27 documents, and issue commissions to take testimony. Subpoenas 170.28 may be signed by any member of the board. In case of failure to 170.29 obey a subpoena, and upon application by the board, any judge of 170.30 a court of competent jurisdiction of the state in which the 170.31 board is sitting or in which the person to whom the subpoena is 170.32 directed may be found may make an order requiring compliance 170.33 with the subpoena, and the court may punish failure to obey the 170.34 order as a contempt. The provisions of this paragraph apply 170.35 only in states that have adopted this article. 170.36 8. Unless the parties otherwise agree the expenses and 171.1 other costs of the arbitration shall be assessed and allocated 171.2 among the parties by the board in such manner as it may 171.3 determine. The commission shall fix a schedule of compensation 171.4 for members of arbitration boards and of other allowable 171.5 expenses and costs. No officer or employee of a state or local 171.6 government who serves as a member of a board shall be entitled 171.7 to compensation therefor unless he is required on account of his 171.8 service to forego the regular compensation attaching to his 171.9 public employment, but any such board member shall be entitled 171.10 to expenses. 171.11 9. The board shall determine the disputed apportionment or 171.12 allocation and any matters necessary thereto. The 171.13 determinations of the board shall be final for purposes of 171.14 making the apportionment or allocation, but for no other purpose. 171.15 10. The board shall file with the commission and with each 171.16 tax agency represented in the proceeding: the determination of 171.17 the board; the board's written statement of its reasons 171.18 therefor; the record of the board's proceedings; and any other 171.19 documents required by the arbitration rules of the commission to 171.20 be filed. 171.21 11. The commission shall publish the determinations of 171.22 boards together with the statements of the reasons therefor. 171.23 12. The commission shall adopt and publish rules of 171.24 procedure and practice and shall file a copy of such rules and 171.25 of any amendment thereto with the appropriate agency or officer 171.26 in each of the party states. 171.27 13. Nothing contained herein shall prevent at any time a 171.28 written compromise of any matter or matters in dispute, if 171.29 otherwise lawful, by the parties to the arbitration proceedings. 171.30 Article X. Entry Into Force and Withdrawal. 171.31 1. This compact shall become effective as to any other 171.32 state upon its enactment. The commission shall arrange for 171.33 notification of all party states whenever there is a new 171.34 enactment of the compact. 171.35 2. Any party state may withdraw from this compact by 171.36 enacting a statute repealing the same. No withdrawal shall 172.1 affect any liability already incurred by or chargeable to a 172.2 party state prior to the time of such withdrawal. 172.3 3. No proceeding commenced before an arbitration board 172.4 prior to the withdrawal of a state and to which the withdrawing 172.5 state or any subdivision thereof is a party shall be 172.6 discontinued or terminated by the withdrawal, nor shall the 172.7 board thereby lose jurisdiction over any of the parties to the 172.8 proceeding necessary to make a binding determination therein. 172.9 Article XI. Effect on Other Laws and Jurisdictions. 172.10 Nothing in this compact shall be construed to: 172.11 (a) Affect the power of any state or subdivision thereof to 172.12 fix rates of taxation. 172.13 (b) Apply to any tax or fixed fee imposed for the 172.14 registration of a motor vehicle or any tax on motor fuel, other 172.15 than a sales tax, provided that the definition of "tax" in 172.16 article VIII 9 may apply for the purposes of that article and 172.17 the commission's powers of study and recommendation pursuant to 172.18 article VI 3 may apply. 172.19 (c) Withdraw or limit the jurisdiction of any state or 172.20 local court or administrative officer or body with respect to 172.21 any person, corporation or other entity or subject matter, 172.22 except to the extent that such jurisdiction is expressly 172.23 conferred by or pursuant to this compact upon another agency or 172.24 body. 172.25 (d) Supersede or limit the jurisdiction of any court of the 172.26 United States. 172.27 Article XII. Construction and Severability. 172.28 This compact shall be liberally construed so as to 172.29 effectuate the purposes thereof. The provisions of this compact 172.30 shall be severable and if any phrase, clause, sentence, or 172.31 provision of this compact is declared to be contrary to the 172.32 constitution of any state or of the United States or the 172.33 applicability thereof to any government, agency, person or 172.34 circumstance is held invalid, the validity of the remainder of 172.35 this compact and the applicability thereof to any government, 172.36 agency, person or circumstance shall not be affected thereby. 173.1 If this compact shall be held contrary to the constitution of 173.2 any state participating therein, the compact shall remain in 173.3 full force and effect as to the remaining party states and in 173.4 full force and effect as to the state affected as to all 173.5 severable matters. 173.6 Sec. 50. Minnesota Statutes 1996, section 299F.051, 173.7 subdivision 3, is amended to read: 173.8 Subd. 3. [IN-SERVICE TRAINING.] The state fire marshal and 173.9 the superintendent of the bureau of criminal apprehension, in 173.10 cooperation with the Minnesota board of peace officer standards 173.11 and training, shall encourage the establishment of in-service 173.12 and refresher training for firefighters and peace officers 173.13 through schools administered by the state, county, school 173.14 district, municipality, or joint or contractual combinations 173.15 thereof. The Minnesota board of peace officers standards and 173.16 training shall report to the governorand legislatureon the 173.17 progress made in this effort as provided in section 626.843. 173.18 Sec. 51. Minnesota Statutes 1996, section 360.015, 173.19 subdivision 17, is amended to read: 173.20 Subd. 17. [REPORT TO GOVERNOR.] On or before October 1 in 173.21 every even-numbered year the commissioner shall make to the 173.22 governor a full report of the proceedings of the department for 173.23 the preceding two fiscal years, together with the commissioner's 173.24 recommendations pertaining to the affairs of the department. 173.25The governor shall transmit this report to the legislature by173.26November 15 of each even-numbered year.173.27 Sec. 52. Minnesota Statutes 1996, section 363.05, 173.28 subdivision 1, is amended to read: 173.29 Subdivision 1. [FORMULATION OF POLICIES.] The commissioner 173.30 shall formulate policies to effectuate the purposes of this 173.31 chapter and shall: 173.32 (1) exercise leadership under the direction of the governor 173.33 in the development of human rights policies and programs, and 173.34 make recommendations to the governor and the legislature for 173.35 their consideration and implementation; 173.36 (2) establish and maintain a principal office in St. Paul, 174.1 and any other necessary branch offices at any location within 174.2 the state; 174.3 (3) meet and function at any place within the state; 174.4 (4) employ attorneys, clerks, and other employees and 174.5 agents as the commissioner may deem necessary and prescribe 174.6 their duties; 174.7 (5) to the extent permitted by federal law and regulation, 174.8 utilize the records of the department of economic security of 174.9 the state when necessary to effectuate the purposes of this 174.10 chapter; 174.11 (6) obtain upon request and utilize the services of all 174.12 state governmental departments and agencies; 174.13 (7) adopt suitable rules for effectuating the purposes of 174.14 this chapter; 174.15 (8) issue complaints, receive and investigate charges 174.16 alleging unfair discriminatory practices, and determine whether 174.17 or not probable cause exists for hearing; 174.18 (9) subpoena witnesses, administer oaths, take testimony, 174.19 and require the production for examination of any books or 174.20 papers relative to any matter under investigation or in 174.21 question; 174.22 (10) attempt, by means of education, conference, 174.23 conciliation, and persuasion to eliminate unfair discriminatory 174.24 practices as being contrary to the public policy of the state; 174.25 (11) develop and conduct programs of formal and informal 174.26 education designed to eliminate discrimination and intergroup 174.27 conflict by use of educational techniques and programs the 174.28 commissioner deems necessary; 174.29 (12) make a written report of the activities of the 174.30 commissioner to the governor each yearand to the legislature by174.31November 15 of each even-numbered year; 174.32 (13) accept gifts, bequests, grants or other payments 174.33 public and private to help finance the activities of the 174.34 department; 174.35 (14) create such local and statewide advisory committees as 174.36 will in the commissioner's judgment aid in effectuating the 175.1 purposes of the department of human rights; 175.2 (15) develop such programs as will aid in determining the 175.3 compliance throughout the state with the provisions of this 175.4 chapter, and in the furtherance of such duties, conduct research 175.5 and study discriminatory practices based upon race, color, 175.6 creed, religion, national origin, sex, age, disability, marital 175.7 status, status with regard to public assistance, familial 175.8 status, sexual orientation, or other factors and develop 175.9 accurate data on the nature and extent of discrimination and 175.10 other matters as they may affect housing, employment, public 175.11 accommodations, schools, and other areas of public life; 175.12 (16) develop and disseminate technical assistance to 175.13 persons subject to the provisions of this chapter, and to 175.14 agencies and officers of governmental and private agencies; 175.15 (17) provide staff services to such advisory committees as 175.16 may be created in aid of the functions of the department of 175.17 human rights; 175.18 (18) make grants in aid to the extent that appropriations 175.19 are made available for that purpose in aid of carrying out 175.20 duties and responsibilities; and 175.21 (19) cooperate and consult with the commissioner of labor 175.22 and industry regarding the investigation of violations of, and 175.23 resolution of complaints regarding section 363.03, subdivision 9. 175.24 In performing these duties, the commissioner shall give 175.25 priority to those duties in clauses (8), (9), and (10) and to 175.26 the duties in section 363.073. 175.27 Sec. 53. Minnesota Statutes 1996, section 383A.43, 175.28 subdivision 6, is amended to read: 175.29 Subd. 6. [MINUTES; REPORTSTO LEGISLATURE.] The committee 175.30 shall keep minutes of its meetings which are open to the 175.31 public.It shall make a periodic report to members of the175.32delegation from the county in the legislature and shall keep175.33them fully informed on each matter that comes before the175.34committee, the action taken thereon, and the progress made in175.35relation thereto.At least 30 days before each biennial 175.36 legislative session, the committee shall make a written report 176.1 summarizing its activities, investigations, surveys and findings 176.2 of factsto the members of the legislature from the county and176.3 to the public. 176.4 Sec. 54. Minnesota Statutes 1996, section 458A.08, is 176.5 amended to read: 176.6 458A.08 [COMMISSION; ANNUAL REPORTS.] 176.7 The commission on or before November 30, 1969, and annually 176.8 thereafter, shall prepare a report for the preceding fiscal 176.9 year, also, so far as practicable, for the further time up to 176.10 the preparation of the report, containing, in addition to such 176.11 other matters as the commission may deem proper, the following: 176.12 (a) the activities of the commission during the period 176.13 covered by the report; 176.14 (b) the financial condition of public transit systems under 176.15 the control of the commission; 176.16 (c) a complete financial accounting of moneys received and 176.17 spent by the commission during the fiscal year; 176.18 (d) recommendations for improvements of or additions to the 176.19 mass transit facilities of the area to provide adequate, speedy, 176.20 and efficient means of transporting people therein; 176.21 (e) recommendations for any needed legislation in 176.22 furtherance of the aforesaid purposes. 176.23 Each report shall be filed with the secretary of the 176.24 commission and a copy shall be filed with the secretary of 176.25 state. Copiesshall also be submitted to the legislature at the176.26opening of each regular session after July 1, 1969, andshall be 176.27 distributed annually to the governorand to each member of the176.28legislature under section 3.195, each county commission, and 176.29 each elected chief executive of each municipality in the transit 176.30 area. 176.31 Sec. 55. Minnesota Statutes 1996, section 462A.07, 176.32 subdivision 7, is amended to read: 176.33 Subd. 7. [RECOMMENDATIONS TO GOVERNORAND LEGISLATURE.] It 176.34 may survey and investigate the housing conditions and needs, 176.35 both urban and rural, throughout the state and make 176.36 recommendations to the governorand the legislatureas to 177.1 legislation and other measures necessary or advisable to 177.2 alleviate any existing housing shortage in the state. 177.3 Sec. 56. Minnesota Statutes 1996, section 473.1623, 177.4 subdivision 3, is amended to read: 177.5 Subd. 3. [FINANCIAL REPORT.] By December 15 of 177.6 even-numbered years, the council, in consultation with the 177.7 advisory committee, shall publish a consolidated financial 177.8 report for the council and all metropolitan agencies and their 177.9 functions, services, and systems. The financial report must 177.10 cover the calendar year in which the report is published and the 177.11 two years preceding and three years succeeding that year. The 177.12 financial report must contain the following information, for 177.13 each agency, function, or system, respectively, and in the 177.14 aggregate, in a consistent format that allows comparison over 177.15 time and among agencies in expenditure and revenue categories: 177.16 (1) financial policies, goals, and priorities; 177.17 (2) levels and allocation of public expenditure, including 177.18 capital, debt, operating, and pass-through funds, stated in the 177.19 aggregate and by appropriate functional, programmatic, 177.20 administrative, and geographic categories, and the changes in 177.21 expenditure levels and allocations that the report represents; 177.22 (3) the resources available under existing fiscal policy; 177.23 (4) additional resources, if any, that are or may be 177.24 required; 177.25 (5) changes in council or agency policies on regional 177.26 sources of revenue and in levels of debt, user charges, and 177.27 taxes; 177.28 (6) other changes in existing fiscal policy, on regional 177.29 revenues and intergovernmental aids respectively, that are 177.30 expected or that have been or may be recommended by the council 177.31 or the respective agencies; 177.32 (7) an analysis that links, as far as practicable, the uses 177.33 of funds and the sources of funds, by appropriate categories and 177.34 in the aggregate; 177.35 (8) a description of how the fiscal policies effectuate 177.36 current policy and implementation plans of the council and 178.1 agencies concerned; and 178.2 (9) a summary of significant changes in council and agency 178.3 finance and an analysis of fiscal trends. 178.4 The council shall present the report for discussion and 178.5 comment at a public meeting in the metropolitan areaand178.6request, in writing, an opportunity to make presentations on the178.7report before appropriate committees of the legislature. 178.8 Sec. 57. Minnesota Statutes 1996, section 473.1623, 178.9 subdivision 4, is amended to read: 178.10 Subd. 4. [FINANCIAL REPORTING; BUDGETING.] The advisory 178.11 committee, with the assistance of the state auditor and the 178.12 legislative auditor, shall develop uniform or consistent 178.13 standards, formats, and procedures for the budgets and financial 178.14 reports of the council and all metropolitan agencies.The178.15council shall report to the legislature from time to time on178.16progress made by the committee in improving the uniformity and178.17quality of budgets and financial reports and on legislation that178.18may be needed for this purpose.178.19 Sec. 58. Minnesota Statutes 1996, section 473.1623, 178.20 subdivision 5, is amended to read: 178.21 Subd. 5. [ADMINISTRATIVE COORDINATION.] The advisory 178.22 committee shall evaluate the benefits, costs, methods, and 178.23 effects, including operational effects, of joint or uniform and 178.24 coordinated exercise of powers by the council and metropolitan 178.25 agencies for appropriate administrative functions. The study 178.26 must include at least ongoing managerial reporting, contracts, 178.27 purchasing, data processing, and personnel.The council shall178.28report to the legislature from time to time on the findings and178.29recommendations of the advisory committee to date and on legal178.30and other impediments to increased coordination of178.31administrative functions. Before submitting the report, the178.32council shall request comments on the report from the affected178.33metropolitan agencies, and the comments must be submitted along178.34with the report.178.35 Sec. 59. Minnesota Statutes 1996, section 473.3994, 178.36 subdivision 9, is amended to read: 179.1 Subd. 9. [LIGHT RAIL TRANSIT OPERATING COSTS.] (a) Before 179.2 submitting an application for federal assistance for light rail 179.3 transit facilities in the metropolitan area, the applicant must 179.4 provide to the metropolitan council estimates of the amount of 179.5 operating subsidy which will be required to operate light rail 179.6 transit in the corridor to which the federal assistance would be 179.7 applied. The information provided to the council must indicate 179.8 the amount of operating subsidy estimated to be required in each 179.9 of the first ten years of operation of the light rail transit 179.10 facility. 179.11 (b) The council must review and evaluate the information 179.12 provided under paragraph (a) with regard to the effect of 179.13 operating the light rail transit facility on the currently 179.14 available mechanisms for financing transit in the metropolitan 179.15 area. 179.16(c) The council must present its evaluation to the179.17transportation and taxes committees of the house and senate, to179.18the appropriations committee of the house and the finance179.19committee of the senate, to the local government and179.20metropolitan affairs committee of the house, and to the179.21metropolitan affairs committee of the senate.179.22 Sec. 60. Minnesota Statutes 1996, section 473.598, 179.23 subdivision 3, is amended to read: 179.24 Subd. 3. [COMMISSION PROPOSAL.] (a) If the commission 179.25 makes a final determination to acquire the basketball and hockey 179.26 arena, the commission may then submit to the metropolitan 179.27 council a proposal to bond for and acquire the basketball and 179.28 hockey arena. The commission's proposal shall contain all 179.29 information deemed appropriate or necessary by the council to 179.30 its determinations pursuant to section 473.599, subdivision 4. 179.31 The commission, in preparing the proposal for the council, shall 179.32 require of the sellers and of the professional teams that are 179.33 potential lessees or other potential lessees and all of their 179.34 affiliated entities any and all data relevant to the 179.35 acquisition, financing, ownership, and operation of the 179.36 basketball and hockey arena, including, but not limited to, 180.1 contracts, agreements, profit and loss statements, annual audit 180.2 statements and balance sheets. The commission shall contract 180.3 with an independent, nationally recognized firm of certified 180.4 public accountants to perform due diligence and provide an 180.5 economic feasibility study or report with regard to the data 180.6 received by the commission from the sellers, the potential 180.7 lessees, and affiliated entities. In evaluating whether to 180.8 acquire the basketball and hockey arena, the commission shall 180.9 consider among other factors, (a) total capital and operating 180.10 costs of the basketball and hockey arena to the commission and 180.11 total commission revenues from the basketball and hockey arena 180.12 over the expected life of the facility, including any 180.13 contributions by the state, local units of government or other 180.14 organizations, (b) the total governmental costs associated with 180.15 the acquisition and operation of the basketball and hockey 180.16 arena, including the cost to all units and agencies of 180.17 government as well as the costs to the commission, (c) the net 180.18 gain or loss of taxes to the state and all local government 180.19 units, and (d) economic and other benefits accruing to the 180.20 public. 180.21 (b) Before submitting its proposal to the metropolitan 180.22 council under paragraph (a), the commission shall submit the 180.23 proposal tothe legislative auditor andthe department of 180.24 finance for review, evaluation, and comment.The legislative180.25auditor shall present the evaluation and comments to the180.26legislative audit commission. Both the legislative auditor and180.27the commissioner of finance shall present their evaluation and180.28comments to the chairs of the house taxes, and ways and means180.29committees, to the chair of the state government finance180.30division of the house governmental operations committee, and to180.31the chairs of the senate taxes and finance committees.Any data 180.32 which is not public data under subdivision 4 shall remain not 180.33 public data when given tothe legislative auditor orthe 180.34 department of finance. 180.35 Sec. 61. Minnesota Statutes 1996, section 609.101, 180.36 subdivision 4, is amended to read: 181.1 Subd. 4. [MINIMUM FINES; OTHER CRIMES.] Notwithstanding 181.2 any other law: 181.3 (1) when a court sentences a person convicted of a felony 181.4 that is not listed in subdivision 2 or 3, it must impose a fine 181.5 of not less than 30 percent of the maximum fine authorized by 181.6 law nor more than the maximum fine authorized by law; and 181.7 (2) when a court sentences a person convicted of a gross 181.8 misdemeanor or misdemeanor that is not listed in subdivision 2, 181.9 it must impose a fine of not less than 30 percent of the maximum 181.10 fine authorized by law nor more than the maximum fine authorized 181.11 by law, unless the fine is set at a lower amount on a uniform 181.12 fine schedule established by the conference of chief judges in 181.13 consultation with affected state and local agencies. This 181.14 schedule shall be promulgatedand reported to the legislature181.15 not later than January 1 of each year and shall become effective 181.16 on August 1 of that year unless the legislature, by law, 181.17 provides otherwise. 181.18 The minimum fine required by this subdivision is in 181.19 addition to the surcharge or assessment required by subdivision 181.20 1 and is in addition to any sentence of imprisonment or 181.21 restitution imposed or ordered by the court. 181.22 The court shall collect the fines mandated in this 181.23 subdivision and, except for fines for traffic and motor vehicle 181.24 violations governed by section 169.871 and section 299D.03 and 181.25 fish and game violations governed by section 97A.065, forward 20 181.26 percent of the revenues to the state treasurer for deposit in 181.27 the general fund. 181.28 Sec. 62. Minnesota Statutes 1996, section 611.216, 181.29 subdivision 3, is amended to read: 181.30 Subd. 3. [REPORT.] Each corporation shall submit reports 181.31 showing, at a minimum, the number of clients served, the number 181.32 of charges brought, the number of cases of each kind, such as 181.33 felonies, gross misdemeanors, misdemeanors, and juvenile 181.34 delinquencies, the number of dispositions of each kind, such as 181.35 jury trials, court trials, guilty pleas, and dismissals, the 181.36 number of court appearances, and financial data.This182.1information must be summarized for each corporation in the182.2budget documents submitted to the legislature.182.3 Sec. 63. Minnesota Statutes 1996, section 611.25, 182.4 subdivision 3, is amended to read: 182.5 Subd. 3. [DUTIES.] The state public defender shall prepare 182.6 a biennial report to the board and a report to the governor, the182.7legislature,and the supreme court on the operation of the state 182.8 public defender's office, district defender systems, and public 182.9 defense corporations. The biennial report is due on or before 182.10 the beginning of the legislative session following the end of 182.11 the biennium. The state public defender may require the 182.12 reporting of statistical data, budget information, and other 182.13 cost factors by the chief district public defenders and 182.14 appointed counsel systems. The state public defender shall 182.15 design and conduct programs for the training of all state and 182.16 district public defenders, appointed counsel, and attorneys for 182.17 public defense corporations funded under section 611.26. The 182.18 state public defender shall establish policies and procedures to 182.19 administer the district public defender system, consistent with 182.20 standards adopted by the state board of public defense. 182.21 Sec. 64. Minnesota Statutes 1996, section 611A.56, 182.22 subdivision 1, is amended to read: 182.23 Subdivision 1. [DUTIES.] In addition to carrying out any 182.24 duties specified elsewhere in sections 611A.51 to 611A.68 or in 182.25 other law, the board shall: 182.26 (a) provide all claimants with an opportunity for hearing 182.27 pursuant to chapter 14; 182.28 (b) adopt rules to implement and administer sections 182.29 611A.51 to 611A.68, including rules governing the method of 182.30 practice and procedure before the board, prescribing the manner 182.31 in which applications for reparations shall be made, and 182.32 providing for discovery proceedings; 182.33 (c) publicize widely the availability of reparations and 182.34 the method of making claims; and 182.35 (d) prepare and transmit annually to the governor,and the 182.36 commissioner of public safety, and the legislaturea report of 183.1 its activities including the number of claims awarded, a brief 183.2 description of the facts in each case, the amount of reparation 183.3 awarded, and a statistical summary of claims and awards made and 183.4 denied. 183.5 Sec. 65. Minnesota Statutes 1996, section 626.843, 183.6 subdivision 3, is amended to read: 183.7 Subd. 3. [BOARD AUTHORITY.] The board may, in addition: 183.8 (a) Recommend studies, surveys, and reports to be made by 183.9 the executive director regarding the carrying out of the 183.10 objectives and purposes of sections 626.841 to 626.855; 183.11 (b) Visit and inspect any peace officer training school 183.12 approved by the executive director or for which application for 183.13 such approval has been made; 183.14 (c) Make recommendations, from time to time, to the 183.15 executive director, attorney general, and the governor, and the183.16legislatureregarding the carrying out of the objectives and 183.17 purposes of sections 626.841 to 626.855; 183.18 (d) Perform such other acts as may be necessary or 183.19 appropriate to carry out the powers and duties of the board as 183.20 set forth in sections 626.841 to 626.855; 183.21 (e) Cooperate with and receive financial assistance from 183.22 and join in projects or enter into contracts with the federal 183.23 government or its agencies for the furtherance of the purposes 183.24 of Laws 1977, chapter 433. 183.25 Sec. 66. Minnesota Statutes 1996, section 626.845, 183.26 subdivision 1, is amended to read: 183.27 Subdivision 1. [POWERS AND DUTIES.] The board shall have 183.28 the following powers and duties: 183.29 (a) To certify peace officers' training schools or programs 183.30 administered by state, county and municipalities located within 183.31 this state in whole or in part no later than 90 days after 183.32 receipt of an application for certification. The reasons for 183.33 noncertification of any school or program or part thereof shall 183.34 be transmitted to the school within 90 days and shall contain a 183.35 detailed explanation of the reasons for which the school or 183.36 program was disapproved and an explanation of what supporting 184.1 material or other requirements are necessary for the board to 184.2 reconsider. Disapproval of a school or program shall not 184.3 preclude the reapplication for certification of the school or 184.4 program; 184.5 (b) To issue certificates to schools, and to revoke such 184.6 certification when necessary to maintain the objectives and 184.7 purposes of sections 626.841 to 626.855; 184.8 (c) To certify, as qualified, instructors at peace officer 184.9 training schools, and to issue appropriate certificates to such 184.10 instructors; 184.11 (d) To license peace officers who have satisfactorily 184.12 completed certified basic training programs, and passed 184.13 examinations as required by the board; 184.14 (e) To cause studies and surveys to be made relating to the 184.15 establishment, operation, and approval of state, county, and 184.16 municipal peace officer training schools; 184.17 (f) To consult and cooperate with state, county, and 184.18 municipal peace officer training schools for the development of 184.19 in-service training programs for peace officers; 184.20 (g) To consult and cooperate with universities, colleges, 184.21 and technical colleges for the development of specialized 184.22 courses of instruction and study in the state for peace officers 184.23 and part-time peace officers in police science and police 184.24 administration; 184.25 (h) To consult and cooperate with other departments and 184.26 agencies of the state and federal government concerned with 184.27 peace officer standards and training; 184.28 (i) To perform such other acts as may be necessary and 184.29 appropriate to carry out the powers and duties as set forth in 184.30 the provisions of sections 626.841 to 626.855; 184.31 (j) To coordinate the provision, on a regional basis, of 184.32 skills oriented basic training courses to graduates of certified 184.33 law enforcement training schools or programs; 184.34 (k) To obtain criminal conviction data for persons seeking 184.35 a license to be issued or possessing a license issued by the 184.36 board. The board shall have authority to obtain criminal 185.1 conviction data to the full extent that any other law 185.2 enforcement agency, as that term is defined by state or federal 185.3 law, has to obtain the data; 185.4 (l) To prepare and transmit annually to the governorand185.5the legislaturea report of its activities with respect to 185.6 allocation of moneys appropriated to it for peace officers 185.7 training, including the name and address of each recipient of 185.8 money for that purpose, the amount awarded, and the purpose of 185.9 the award; 185.10 (m) To assist and cooperate with any political subdivision 185.11 or state law enforcement agency which employs persons licensed 185.12 by the board to establish written procedures for the 185.13 investigation and resolution of allegations of misconduct of 185.14 persons licensed by the board, and to enforce licensing 185.15 sanctions for failure to implement such procedures; and 185.16 (n) To assist and cooperate with political subdivisions and 185.17 state law enforcement agencies that employ persons licensed by 185.18 the board in establishing written procedures to govern the 185.19 conduct of peace officers who are in pursuit of a vehicle in 185.20 violation of section 609.487, and requirements for the training 185.21 of peace officers in conducting pursuits. The board may impose 185.22 licensing sanctions for failure to establish pursuit procedures 185.23 and training requirements by October 1, 1989. 185.24 Sec. 67. [REPEALER.] 185.25 Minnesota Statutes 1996, sections 3.922, subdivision 9; 185.26 15.475; 16B.87, subdivision 4; 17.452, subdivision 3; 116D.11, 185.27 subdivision 4; 126.78, subdivision 5; 144.95, subdivision 9; 185.28 145A.12, subdivision 6; 148.578; 174.23, subdivision 5; 196.22, 185.29 subdivision 4; 246.57, subdivision 2; 254B.03, subdivision 8; 185.30 256B.04, subdivision 11; 256B.0629, subdivision 3; 256F.11, 185.31 subdivision 3; 256F.12, subdivision 5; 260.152, subdivision 7; 185.32 325F.98; 388.24, subdivision 5; 494.05, subdivision 3; 611.27, 185.33 subdivision 14; and 611A.75, are repealed. 185.34 PART B 185.35 Sec. 68. Minnesota Statutes 1996, section 14.62, 185.36 subdivision 3, is amended to read: 186.1 Subd. 3. [AWARD OF FEES AND OTHER EXPENSES.] Fees and 186.2 expenses must be awarded as provided in sections 15.471 to 186.315.47515.474. 186.4 Sec. 69. Minnesota Statutes 1996, section 15.471, 186.5 subdivision 1, is amended to read: 186.6 Subdivision 1. [TERMS DEFINED.] For purposes of this 186.7 section and sections 15.471 to15.47515.474, the terms defined 186.8 in this section have the meanings given them. 186.9 Sec. 70. Minnesota Statutes 1996, section 17.451, 186.10 subdivision 1, is amended to read: 186.11 Subdivision 1. [APPLICABILITY.] The definitions in this 186.12 section apply to this sectionand section 17.452. 186.13 Sec. 71. Minnesota Statutes 1996, section 270A.09, 186.14 subdivision 3, is amended to read: 186.15 Subd. 3. [CONTESTED CASE; FINAL DECISION.] The report of 186.16 the administrative law judge shall contain a decision and order, 186.17 which constitute the final decision in the contested case. A 186.18 copy of the decision and order shall be served by first class 186.19 mail upon each party, the commissioner of revenue, and the 186.20 attorney general. Fees and expenses may be awarded as provided 186.21 in sections 15.471 to15.47515.474. The provisions for 186.22 judicial review under sections 14.63 to 14.68 apply to decisions 186.23 of the administrative law judge under this subdivision. 186.24 Sec. 72. Minnesota Statutes 1996, section 325F.84, 186.25 subdivision 1, is amended to read: 186.26 Subdivision 1. [APPLICABILITY.] As used in sections 186.27 325F.84 to325F.98325F.97, the following terms have the 186.28 meanings given them. 186.29 PART C 186.30 Sec. 73. [RETROACTIVE EFFECTIVE DATE.] 186.31 Sections 2 to 72 are effective retroactive to October 15, 186.32 1995. 186.33 ARTICLE 3 186.34 CHICANO/LATINO AFFAIRS COUNCIL 186.35 Section 1. Minnesota Statutes 1996, section 15.0591, 186.36 subdivision 2, is amended to read: 187.1 Subd. 2. [BODIES AFFECTED.] A member meeting the 187.2 qualifications in subdivision 1 must be appointed to the 187.3 following boards, commissions, advisory councils, task forces, 187.4 or committees: 187.5 (1) advisory council on battered women; 187.6 (2) advisory task force on the use of state facilities; 187.7 (3) alcohol and other drug abuse advisory council; 187.8 (4) board of examiners for nursing home administrators; 187.9 (5) board on aging; 187.10 (6) chiropractic examiners board; 187.11 (7) consumer advisory council on vocational rehabilitation; 187.12 (8) council on disability; 187.13 (9) council on affairs ofSpanish-speakingChicano/Latino 187.14 people; 187.15 (10) council on Black Minnesotans; 187.16 (11) dentistry board; 187.17 (12) department of economic security advisory council; 187.18 (13) higher education services office; 187.19 (14) housing finance agency; 187.20 (15) Indian advisory council on chemical dependency; 187.21 (16) medical practice board; 187.22 (17) medical policy directional task force on mental 187.23 health; 187.24 (18) Minnesota employment and economic development task 187.25 force; 187.26 (19) Minnesota office of citizenship and volunteer services 187.27 advisory committee; 187.28 (20) Minnesota state arts board; 187.29 (21) mortuary sciences advisory council; 187.30 (22) nursing board; 187.31 (23) optometry board; 187.32 (24) pharmacy board; 187.33 (25) physical therapists council; 187.34 (26) podiatry board; 187.35 (27) psychology board; 187.36 (28) veterans advisory committee. 188.1 Sec. 2. Minnesota Statutes 1996, section 15.441, 188.2 subdivision 1, is amended to read: 188.3 Subdivision 1. [STATE AGENCIES; BILINGUAL EMPLOYEES.] 188.4 Every state agency that is directly involved in furnishing 188.5 information or rendering services to the public and that serves 188.6 a substantial number of non-English-speaking people shall employ 188.7 enough qualified bilingual persons in public contact positions, 188.8 or enough interpreters to assist those in these positions, to 188.9 ensure provision of information and services in the language 188.10 spoken by a substantial number of non-English-speaking people. 188.11 The commissioner of administration shall determine the 188.12 application of this section to each state agency, in 188.13 consultation with the council on affairs ofSpanish-speaking188.14 Chicano/Latino people, groups representing other 188.15 non-English-speaking people, and the head of the agency. In 188.16 determining what constitutes a substantial number of 188.17 non-English-speaking people, the commissioner shall consider: 188.18 (1) the number of people served by the agency; 188.19 (2) the number of non-English-speaking people served by the 188.20 agency; 188.21 (3) the frequency with which non-English-speaking people 188.22 are served by the agency; and 188.23 (4) the extent to which information or services rendered by 188.24 the agency affect legal rights, privileges, or duties. 188.25 Sec. 3. Minnesota Statutes 1996, section 121.1601, 188.26 subdivision 3, is amended to read: 188.27 Subd. 3. [ADVISORY BOARD.] The commissioner shall 188.28 establish an advisory board composed of: 188.29 (1) eight superintendents, each of whom shall be selected 188.30 by the superintendents of the school districts located in whole 188.31 or in part within each of the eight metropolitan districts 188.32 established under section 473.123, subdivision 3c; and 188.33 (2) one person each selected by the Indian affairs council, 188.34 the council on Asian-Pacific Minnesotans, the council on Black 188.35 Minnesotans, and theSpanish Speaking Affairscouncil on affairs 188.36 of Chicano/Latino people. 189.1 The advisory board shall advise the office on complying 189.2 with the requirements under subdivision 1. The advisory board 189.3 may solicit comments from teachers, parents, students, and 189.4 interested community organizations and others. 189.5 Sec. 4. Minnesota Statutes 1996, section 148C.11, 189.6 subdivision 3, is amended to read: 189.7 Subd. 3. [FEDERALLY RECOGNIZED TRIBES; ETHNIC MINORITIES.] 189.8 (a) Alcohol and drug counselors licensed to practice alcohol and 189.9 drug counseling according to standards established by federally 189.10 recognized tribes, while practicing under tribal jurisdiction, 189.11 are exempt from the requirements of this chapter. In practicing 189.12 alcohol and drug counseling under tribal jurisdiction, 189.13 individuals licensed under that authority shall be afforded the 189.14 same rights, responsibilities, and recognition as persons 189.15 licensed pursuant to this chapter. 189.16 (b) The commissioner shall develop special licensing 189.17 criteria for issuance of a license to alcohol and drug 189.18 counselors who: (1) are members of ethnic minority groups; or 189.19 (2) are employed by private, nonprofit agencies, including 189.20 agencies operated by private, nonprofit hospitals, whose primary 189.21 agency service focus addresses ethnic minority populations. 189.22 These licensing criteria may differ from the licensing criteria 189.23 specified in section 148C.04. To develop these criteria, the 189.24 commissioner shall establish a committee comprised of but not 189.25 limited to representatives from the council on hearing impaired, 189.26 the council on affairs ofSpanish-speakingChicano/Latino 189.27 people, the council on Asian-Pacific Minnesotans, the council on 189.28 Black Minnesotans, and the Indian affairs council. 189.29 Sec. 5. Minnesota Statutes 1996, section 242.56, 189.30 subdivision 3, is amended to read: 189.31 Subd. 3. [ADVISORY GROUP.] The commissioner shall appoint 189.32 an advisory group to assist in selecting sites under this 189.33 section. The commissioner shall include among the members of 189.34 the group representatives of the following: the council on 189.35 Black Minnesotans, the council ontheaffairs of 189.36Spanish-speakingChicano/Latino people, the council on 190.1 Asian-Pacific Minnesotans, the Indian affairs council, the 190.2 commissioner of children, families, and learning, community 190.3 corrections officials, county corrections officials, the 190.4 association of counties, and the association of county probation 190.5 officers. 190.6 Sec. 6. Minnesota Statutes 1996, section 257.072, 190.7 subdivision 5, is amended to read: 190.8 Subd. 5. [MINORITY PLACEMENTS.] Beginning December 1, 190.9 1996, the commissioner shall provide to the Indian affairs 190.10 council, the council on affairs ofSpanish-speaking190.11 Chicano/Latino people, the council on Black Minnesotans, and the 190.12 council on Asian-Pacific Minnesotans the annual report required 190.13 under section 257.0725. 190.14 Sec. 7. Minnesota Statutes 1996, section 257.0755, 190.15 subdivision 1, is amended to read: 190.16 Subdivision 1. [CREATION.] One ombudsperson shall operate 190.17 independently from but in collaboration with each of the 190.18 following groups: the Indian affairs council, 190.19 theSpanish-Speaking affairscouncil on affairs of 190.20 Chicano/Latino people, the council on Black Minnesotans, and the 190.21 council on Asian-Pacific Minnesotans. 190.22 Sec. 8. Minnesota Statutes 1996, section 257.0768, 190.23 subdivision 1, is amended to read: 190.24 Subdivision 1. [MEMBERSHIP.] Four community-specific 190.25 boards are created. Each board consists of five members. The 190.26 chair of each of the following groups shall appoint the board 190.27 for the community represented by the group: the Indian affairs 190.28 council; theSpanish-Speaking Affairscouncil on affairs of 190.29 Chicano/Latino people; the council on Black Minnesotans; and the 190.30 council on Asian-Pacific Minnesotans. In making appointments, 190.31 the chair must consult with other members of the council. 190.32 Sec. 9. Minnesota Statutes 1996, section 257.0769, is 190.33 amended to read: 190.34 257.0769 [FUNDING FOR THE OMBUDSPERSON PROGRAM.] 190.35 (a) Money is appropriated from the special fund authorized 190.36 by section 256.01, subdivision 2, clause (15), to the Indian 191.1 affairs council for the purposes of sections 257.0755 to 191.2 257.0768. 191.3 (b) Money is appropriated from the special fund authorized 191.4 by section 256.01, subdivision 2, clause (15), to the 191.5Spanish-speaking Affairscouncil on affairs of Chicano/Latino 191.6 people for the purposes of sections 257.0755 to 257.0768. 191.7 (c) Money is appropriated from the special fund authorized 191.8 by section 256.01, subdivision 2, clause (15), to the Council of 191.9 Black Minnesotans for the purposes of sections 257.0755 to 191.10 257.0768. 191.11 (d) Money is appropriated from the special fund authorized 191.12 by section 256.01, subdivision 2, clause (15), to the Council on 191.13 Asian-Pacific Minnesotans for the purposes of sections 257.0755 191.14 to 257.0768. 191.15 Sec. 10. Minnesota Statutes 1996, section 260.152, 191.16 subdivision 2, is amended to read: 191.17 Subd. 2. [PROGRAM COMPONENTS.] (a) The commissioner of 191.18 human services shall, in consultation with the Indian affairs 191.19 council, the council on affairs ofSpanish-speaking191.20 Chicano/Latino people, the council on Black Minnesotans, and the 191.21 council on Asian-Pacific Minnesotans, provide grants to the 191.22 counties for the pilot projects. The projects shall build upon 191.23 the existing service capabilities in the community and must 191.24 include availability of screening for mental health problems of 191.25 children who are alleged or found to be delinquent and children 191.26 who are reported as being or found to be in need of protection 191.27 or services. 191.28 (b) The projects must include referral for mental health 191.29 assessment of all children for whom the screening indicates a 191.30 need. This assessment is to be provided by the appropriate 191.31 mental health professional. If the child is of a minority race 191.32 or minority ethnic heritage, the mental health professional must 191.33 be skilled in and knowledgeable about the child's racial and 191.34 ethnic heritage, or must consult with a special mental health 191.35 consultant who has such knowledge so that the assessment is 191.36 relevant, culturally specific, and sensitive to the child's 192.1 cultural needs. 192.2 (c) Upon completion of the assessment, the project must 192.3 provide or ensure access to nonresidential mental health 192.4 services identified as needed in the assessment. 192.5 Sec. 11. Minnesota Statutes 1996, section 260.152, 192.6 subdivision 3, is amended to read: 192.7 Subd. 3. [SCREENING TOOL.] The commissioner of human 192.8 services and the commissioner of corrections, in consultation 192.9 with the Indian affairs council, the council on affairs of 192.10Spanish-speakingChicano/Latino people, the council on Black 192.11 Minnesotans, and the council on Asian-Pacific Minnesotans, shall 192.12 jointly develop a model screening tool to screen children to 192.13 determine if a mental health assessment is needed. This tool 192.14 must contain specific questions to identify potential mental 192.15 health problems. In implementing a pilot project, a county must 192.16 either use this model tool or another screening tool approved by 192.17 the commissioner of human services which meets the requirements 192.18 of this section. 192.19 Sec. 12. Minnesota Statutes 1996, section 260.152, 192.20 subdivision 6, is amended to read: 192.21 Subd. 6. [EVALUATION.] The commissioner of human services 192.22 and the commissioner of corrections shall, in consultation with 192.23 the Indian affairs council, the council on affairs 192.24 ofSpanish-speakingChicano/Latino people, the council on Black 192.25 Minnesotans, and the council on Asian-Pacific Minnesotans, 192.26 develop systems and procedures for evaluating the pilot 192.27 projects. The departments must develop an interagency 192.28 management information system to track children who receive 192.29 mental health services. The system must be designed to meet the 192.30 information needs of the agencies involved and to provide a 192.31 basis for evaluating outcome data. The system must be designed 192.32 to track the mental health treatment of children released from 192.33 custody and to improve the planning, delivery, and evaluation of 192.34 services and increase interagency collaboration. The evaluation 192.35 protocol must be designed to measure the impact of the program 192.36 on juvenile recidivism, school performance, and state and county 193.1 budgets. 193.2 ARTICLE 4 193.3 CONSTITUTIONAL CITATIONS 193.4 Section 1. Minnesota Statutes 1996, section 360.013, 193.5 subdivision 20, is amended to read: 193.6 Subd. 20. [MUNICIPALITY.] "Municipality" means a city of 193.7 any class, including a city organized under a charter framed 193.8 pursuant to the Constitution of the State of Minnesota, Article 193.9 4, Section 36, Article XI, Section 4, or Article XII, Section 5, 193.10 a county, a town, or a statutory city in this state, the regents 193.11 of the University of Minnesota, and any other political 193.12 subdivision, public corporation, authority, or district in this 193.13 state which is or may be authorized by law to acquire, 193.14 establish, construct, maintain, improve, and operate airports 193.15 and other air navigation facilities. 193.16 Sec. 2. Minnesota Statutes 1996, section 427.02, is 193.17 amended to read: 193.18 427.02 [DEPOSITORIES.] 193.19 The council of any city in this state, but not including 193.20 cities when governed under a charter adopted under and pursuant 193.21 to the Constitution of the state of Minnesota, article IV, 193.22 section 36, article XI, section 4, or article XII, section 5, 193.23 and sections 410.03 to 410.24, and 441.01 to 441.09, and all 193.24 acts supplemental thereto, in which charter the matter of 193.25 designating depositories for city funds and the protection 193.26 thereof is provided for, or in which charter it shall hereafter 193.27 be provided for, shall have the power and authority to designate 193.28 or redesignate at the beginning of each calendar year, or from 193.29 time to time, the banks or other legal depositories of any city 193.30 in which the treasurer of the city shall deposit and keep the 193.31 moneys of the city, designating in each instance the maximum 193.32 amount which may at any time be kept in any one of these 193.33 depositories, which maximum amount shall in no case exceed 25 193.34 percent of the paid-up capital and surplus of the depository, 193.35 unless the depository shall deposit with the treasurer of the 193.36 city United States government bonds to secure the deposit of the 194.1 funds of the city; and, in that event, the amount so deposited 194.2 shall not exceed the amount of the United States government 194.3 bonds so deposited. No depository shall deposit United States 194.4 government bonds which mature within one year from the date such 194.5 bonds were first considered as a part of the bank's reserve and 194.6 which reserves are required by section 48.221. The council of 194.7 each city shall, at all times, designate depositories in the 194.8 city, or elsewhere in the United States, sufficient for the 194.9 depository of all funds which are likely to be in the hands of 194.10 the treasurer of the city at any one time and shall, so far as 194.11 consistent with the best interest of the city, designate these 194.12 depositories in the city and require from these depositories 194.13 good and sufficient bonds payable to the city in a penal sum not 194.14 to exceed the amount designated as the limit of deposit therein, 194.15 and conditioned for the safekeeping and payment of funds so 194.16 deposited, or, in lieu thereof, good and sufficient collateral 194.17 as provided for by section 118A.03. 194.18 Sec. 3. Minnesota Statutes 1996, section 435.27, is 194.19 amended to read: 194.20 435.27 [APPLICATION.] 194.21 Section 435.26 shall be applicable to cities governed by a 194.22 charter adopted pursuant to the Constitution of the State of 194.23 Minnesota, Article 4, Section 36, Article XI, Section 4, or 194.24 Article XII, Section 5. 194.25 Sec. 4. Minnesota Statutes 1996, section 458.40, is 194.26 amended to read: 194.27 458.40 [MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.] 194.28 If a charter adopted under the Minnesota Constitution, 194.29 article IV, section 36, article XI, section 4, or article XII, 194.30 section 5, has a provision that requires the question of the 194.31 issuance of bonds to be submitted to the electors, the provision 194.32 prevails over sections 458.36 to 458.40. 194.33 Sec. 5. Minnesota Statutes 1996, section 463.01, is 194.34 amended to read: 194.35 463.01 [BUILDING LINES, EASEMENTS; EXISTING STRUCTURES.] 194.36 The council of any city, including any city of this state 195.1 operating under a home rule charter adopted pursuant to the 195.2 Constitution of the State of Minnesota, Article 4, Section 195.3 36, Article XI, Section 4, or Article XII, Section 5, may 195.4 establish along any street or highway within such city a 195.5 building line upon the land adjoining such street or highway, or 195.6 any portion thereof, and distant not more than 50 feet from the 195.7 margin of such street or highway, and may, in behalf of the 195.8 city, acquire an easement in the land between such line and 195.9 exterior street line, such that no buildings or structures shall 195.10 be erected or maintained upon this land. Such easement shall be 195.11 known as a building line easement. The governing body may, at 195.12 the time they designate the easement to be acquired and define 195.13 the line by which it is bounded, provide in the resolution 195.14 designating such easement that buildings or structures or any 195.15 portions of buildings or structures existing within the 195.16 boundaries of the easement at that time may remain thereon for 195.17 stated periods of time or remain thereon during the life of such 195.18 buildings or structures or portions thereof, but no alteration 195.19 of any such buildings or structures or portions thereof upon 195.20 such easement shall be permitted after the designation of such 195.21 easements, and when such buildings are removed no other 195.22 buildings or structures shall be erected thereon. Such 195.23 permission to maintain existing structures upon such easement 195.24 shall be clearly defined as to time in such resolution and shall 195.25 confer the right upon the owner of such buildings or structures 195.26 or portions thereof to maintain the same as defined in such 195.27 resolution. 195.28 Sec. 6. Minnesota Statutes 1996, section 465.15, is 195.29 amended to read: 195.30 465.15 [CITIES MAY ACQUIRE EXEMPT PROPERTY.] 195.31 Each city of the first class now or hereafter having a 195.32 population of 50,000 inhabitants or more, including each such 195.33 city operating under a charter adopted pursuant to the 195.34 provisions of the Constitution of the State of Minnesota, 195.35 article IV, section 36, article XI, section 4, or article XII, 195.36 section 5, is hereby authorized and empowered to acquire by 196.1 purchase, condemnation, or otherwise any right or interest in 196.2 land either platted or unplatted within the limits of the city, 196.3 which interest in land consists of a right or privilege in the 196.4 owner of the land to offset certain amounts against special 196.5 assessments levied by the governing body, the city council, or 196.6 the board of park commissioners of such city for park or parkway 196.7 purposes, or both. 196.8 Sec. 7. Minnesota Statutes 1996, section 465.20, is 196.9 amended to read: 196.10 465.20 [APPLICATION.] 196.11 Sections 465.19 and 465.20 shall apply to all cities 196.12 including those now or hereafter governed by a charter adopted 196.13 pursuant to the Constitution of the state of Minnesota, article 196.14 IV, section 36, article XI, section 4, or article XII, section 5. 196.15 Sec. 8. Minnesota Statutes 1996, section 469.183, 196.16 subdivision 4, is amended to read: 196.17 Subd. 4. [ADDITIONAL POWERS.] The authority granted in 196.18 this section is in addition to all existing power and authority 196.19 of any city operating under a home rule charter adopted in 196.20 pursuance of the Constitution of the state of Minnesota, article 196.21 IV, section 36, article XI, section 4, or article XII, section 5. 196.22 ARTICLE 5 196.23 EMERGENCY RULES 196.24 Section 1. Minnesota Statutes 1996, section 18C.121, 196.25 subdivision 1, is amended to read: 196.26 Subdivision 1. [ADMINISTRATION.] The commissioner may 196.27 adoptemergency or permanentrules necessary to implement and 196.28 enforce this chapter. The rules must conform to national 196.29 standards in a manner that is practicable and consistent with 196.30 state law. 196.31 Sec. 2. Minnesota Statutes 1996, section 18C.575, 196.32 subdivision 1, is amended to read: 196.33 Subdivision 1. [FOR ADMINISTRATION.] The commissioner may 196.34 adoptemergency or permanentrules necessary to administer 196.35 sections 18C.531 to 18C.575. 196.36 Sec. 3. Minnesota Statutes 1996, section 19.51, 197.1 subdivision 1, is amended to read: 197.2 Subdivision 1. [ENFORCEMENT; RULES.] The commissioner 197.3 shall enforce sections 19.50 to 19.65. The commissioner may 197.4 make all necessary examinations and inspections, and adopt 197.5emergency or permanentrules necessary to enforce sections 19.50 197.6 to 19.65 promptly and effectively. The commissioner may employ 197.7 classified civil service employees necessary to administer 197.8 sections 19.50 to 19.65, and may contract with individuals to 197.9 serve as authorized agents. 197.10 Sec. 4. Minnesota Statutes 1996, section 31.874, is 197.11 amended to read: 197.12 31.874 [DISEASE CONTROL.] 197.13 If the commissioner of agriculture finds that a disease or 197.14 foreign matter is actually transmitted by a method of dispensing 197.15 bulk foods that is permitted by section 31.84, the commissioner 197.16 may adoptemergency or permanentrules more restrictive on the 197.17 sale of that food than section 31.84. The rules must address 197.18 the specific relationship between the disease or foreign matter 197.19 being transmitted and the dispensing methods permitted by 197.20 section 31.84. 197.21 Sec. 5. Minnesota Statutes 1996, section 32.532, is 197.22 amended to read: 197.23 32.532 [ENFORCEMENT.] 197.24 The commissioner is authorized and directed to administer 197.25 and supervise the enforcement of sections 32.53 to 32.534; to 197.26 provide for such periodic inspections and investigations as the 197.27 commissioner may deem necessary to disclose violations; to 197.28 receive and provide for the investigation of complaints; and to 197.29 provide for the institution and prosecution of civil or criminal 197.30 actions or both. The provisions of these sections may be 197.31 enforced by injunction in any court having jurisdiction to grant 197.32 injunctive relief. Artificial dairy products involved in a 197.33 violation of these sections are subject to seizure and 197.34 disposition in accordance with an appropriate court order or a 197.35 rule adopted by the commissioner. The commissioner may adopt 197.36emergency or permanentrules necessary to implement and 198.1 administer sections 32.53 to 32.534. 198.2 Sec. 6. Minnesota Statutes 1996, section 32.71, 198.3 subdivision 1, is amended to read: 198.4 Subdivision 1. [DUTIES; RULES.] The commissioner shall 198.5 adoptemergency and permanentrules to implement and administer 198.6 sections 32.70 to 32.74 as necessary. 198.7 Sec. 7. Minnesota Statutes 1996, section 41.53, 198.8 subdivision 2, is amended to read: 198.9 Subd. 2. [RULES.] The commissioner may adoptemergency or198.10permanentrules necessary for the efficient administration of 198.11 sections 41.51 to 41.57; 41.58, subdivisions 1 and 2; 41.59, 198.12 subdivision 1; and 41.61. 198.13 Sec. 8. Minnesota Statutes 1996, section 41A.09, 198.14 subdivision 4, is amended to read: 198.15 Subd. 4. [RULEMAKING AUTHORITY.] The commissioner shall 198.16 adoptemergency and permanentrules to implement this section. 198.17 Sec. 9. Minnesota Statutes 1996, section 62N.05, 198.18 subdivision 1, is amended to read: 198.19 Subdivision 1. [RULES.] The commissioner, in consultation 198.20 with the commission, may adoptemergency and permanentrules to 198.21 establish more detailed requirements governing integrated 198.22 service networks in accordance with this chapter. 198.23 Sec. 10. Minnesota Statutes 1996, section 62N.24, is 198.24 amended to read: 198.25 62N.24 [REVIEW OF RULES.] 198.26 The commissioner of health shall mail copies of all 198.27 proposedemergency and permanentrules that are being 198.28 promulgated under this chapter to each member of the legislative 198.29 commission on health care access prior to final adoption by the 198.30 commissioner. 198.31 Sec. 11. Minnesota Statutes 1996, section 144A.073, 198.32 subdivision 3, is amended to read: 198.33 Subd. 3. [REVIEW AND APPROVAL OF PROPOSALS.] Within the 198.34 limits of money specifically appropriated to the medical 198.35 assistance program for this purpose, the interagency long-term 198.36 care planning committee may recommend that the commissioner of 199.1 health grant exceptions to the nursing home licensure or 199.2 certification moratorium for proposals that satisfy the 199.3 requirements of this section. The interagency committee shall 199.4 appoint an advisory review panel composed of representatives of 199.5 consumers and providers to review proposals and provide comments 199.6 and recommendations to the committee. The commissioners of 199.7 human services and health shall provide staff and technical 199.8 assistance to the committee for the review and analysis of 199.9 proposals. The interagency committee shall hold a public 199.10 hearing before submitting recommendations to the commissioner of 199.11 health on project requests. The committee shall submit 199.12 recommendations within 150 days of the date of the publication 199.13 of the notice. The commissioner of health shall approve or 199.14 disapprove a project within 30 days after receiving the 199.15 committee's recommendations. The advisory review panel, the 199.16 committee, and the commissioner of health shall base their 199.17 recommendations, approvals, or disapprovals on a comparison and 199.18 ranking of proposals using only the criteria in subdivision 4 199.19 and inemergency and permanentrules adopted by the 199.20 commissioner. The cost to the medical assistance program of the 199.21 proposals approved must be within the limits of the 199.22 appropriations specifically made for this purpose. Approval of 199.23 a proposal expires 18 months after approval by the commissioner 199.24 of health unless the facility has commenced construction as 199.25 defined in section 144A.071, subdivision 1a, paragraph (d). The 199.26 committee's report to the legislature, as required under section 199.27 144A.31, must include the projects approved, the criteria used 199.28 to recommend proposals for approval, and the estimated costs of 199.29 the projects, including the costs of initial construction and 199.30 remodeling, and the estimated operating costs during the first 199.31 two years after the project is completed. 199.32 Sec. 12. Minnesota Statutes 1996, section 148B.23, 199.33 subdivision 3, is amended to read: 199.34 Subd. 3. [TEMPORARYRULEMAKING AUTHORITY.] The board is 199.35 authorized to adoptemergency and permanentrules to implement 199.36 this section. 200.1 Sec. 13. Minnesota Statutes 1996, section 176.108, is 200.2 amended to read: 200.3 176.108 [LIGHT-DUTY WORK POOLS.] 200.4 Employers may form light-duty work pools for the purpose of 200.5 encouraging the return to work of injured employees. The 200.6 commissioner may adoptemergency and permanentrules necessary 200.7 to implement this section. 200.8 Sec. 14. Minnesota Statutes 1996, section 176.1351, 200.9 subdivision 5, is amended to read: 200.10 Subd. 5. [REVOCATION, SUSPENSION, AND REFUSAL TO CERTIFY; 200.11 PENALTIES AND ENFORCEMENT.] (a) The commissioner shall refuse to 200.12 certify or shall revoke or suspend the certification of a 200.13 managed care plan if the commissioner finds that the plan for 200.14 providing medical or health care services fails to meet the 200.15 requirements of this section, or service under the plan is not 200.16 being provided in accordance with the terms of a certified plan. 200.17 (b) In lieu of or in addition to suspension or revocation 200.18 under paragraph (a), the commissioner may, for any noncompliance 200.19 with the managed care plan as certified or any violation of a 200.20 statute or rule applicable to a managed care plan, assess an 200.21 administrative penalty payable to the special compensation fund 200.22 in an amount up to $25,000 for each violation or incidence of 200.23 noncompliance. The commissioner may adoptemergency or200.24permanentrules necessary to implement this subdivision. In 200.25 determining the level of an administrative penalty, the 200.26 commissioner shall consider the following factors: 200.27 (1) the number of workers affected or potentially affected 200.28 by the violation or noncompliance; 200.29 (2) the effect or potential effect of the violation or 200.30 noncompliance on workers' health, access to health services, or 200.31 workers' compensation benefits; 200.32 (3) the effect or potential effect of the violation or 200.33 noncompliance on workers' understanding of their rights and 200.34 obligations under the workers' compensation law and rules; 200.35 (4) whether the violation or noncompliance is an isolated 200.36 incident or part of a pattern of violations; and 201.1 (5) the potential or actual economic benefits derived by 201.2 the managed care plan or a participating provider by virtue of 201.3 the violation or noncompliance. 201.4 The commissioner shall give written notice to the managed 201.5 care plan of the penalty assessment and the reasons for the 201.6 penalty. The managed care plan has 30 days from the date the 201.7 penalty notice is issued within which to file a written request 201.8 for an administrative hearing and review of the commissioner's 201.9 determination pursuant to section 176.85, subdivision 1. 201.10 (c) If the commissioner, for any reason, has cause to 201.11 believe that a managed care plan has or may violate a statute or 201.12 rule or a provision of the managed care plan as certified, the 201.13 commissioner may, before commencing action under paragraph (a) 201.14 or (b), call a conference with the managed care plan and other 201.15 persons who may be involved in the suspected violation or 201.16 noncompliance for the purpose of ascertaining the facts relating 201.17 to the suspected violation or noncompliance and arriving at an 201.18 adequate and effective means of correcting or preventing the 201.19 violation or noncompliance. The commissioner may enter into 201.20 stipulated consent agreements with the managed care plan for 201.21 corrective or preventive action or the amount of the penalty to 201.22 be paid. Proceedings under this paragraph shall not be governed 201.23 by any formal procedural requirements, and may be conducted in a 201.24 manner the commissioner deems appropriate under the 201.25 circumstances. 201.26 (d) The commissioner may issue an order directing a managed 201.27 care plan or a representative of a managed care plan to cease 201.28 and desist from engaging in any act or practice that is not in 201.29 compliance with the managed care plan as certified, or that it 201.30 is in violation of an applicable statute or rule. Within 30 201.31 days of service of the order, the managed care plan may request 201.32 review of the cease and desist order by an administrative law 201.33 judge pursuant to chapter 14. The decision of the 201.34 administrative law judge shall include findings of fact, 201.35 conclusions of law and appropriate orders, which shall be the 201.36 final decision of the commissioner. In the event of 202.1 noncompliance with a cease and desist order, the commissioner 202.2 may institute a proceeding in district court to obtain 202.3 injunctive or other appropriate relief. 202.4 (e) A managed care plan, participating health care 202.5 provider, or an employer or insurer that receives services from 202.6 the managed care plan, shall cooperate fully with an 202.7 investigation by the commissioner. For purposes of this 202.8 section, cooperation includes, but is not limited to, attending 202.9 a conference called by the commissioner under paragraph (c), 202.10 responding fully and promptly to any questions relating to the 202.11 subject of the investigation, and providing copies of records, 202.12 reports, logs, data, and other information requested by the 202.13 commissioner to assist in the investigation. 202.14 (f) Any person acting on behalf of a managed care plan who 202.15 knowingly submits false information in any report required to be 202.16 filed by a managed care plan is guilty of a misdemeanor. 202.17 Sec. 15. Minnesota Statutes 1996, section 176.1351, 202.18 subdivision 6, is amended to read: 202.19 Subd. 6. [RULES.] The commissioner may adoptemergency or202.20permanentrules necessary to implement this section. 202.21 Sec. 16. Minnesota Statutes 1996, section 176.1812, 202.22 subdivision 7, is amended to read: 202.23 Subd. 7. [RULES.] The commissioner may adoptemergency or202.24permanentrules necessary to implement this section. 202.25 Sec. 17. Minnesota Statutes 1996, section 176.83, 202.26 subdivision 5, is amended to read: 202.27 Subd. 5. [TREATMENT STANDARDS FOR MEDICAL SERVICES.] In 202.28 consultation with the medical services review board or the 202.29 rehabilitation review panel, the commissioner shall adopt 202.30emergency and permanentrules establishing standards and 202.31 procedures for health care provider treatment. The rules shall 202.32 apply uniformly to all providers including those providing 202.33 managed care under section 176.1351. The rules shall be used to 202.34 determine whether a provider of health care services and 202.35 rehabilitation services, including a provider of medical, 202.36 chiropractic, podiatric, surgical, hospital, or other services, 203.1 is performing procedures or providing services at a level or 203.2 with a frequency that is excessive, unnecessary, or 203.3 inappropriate under section 176.135, subdivision 1, based upon 203.4 accepted medical standards for quality health care and accepted 203.5 rehabilitation standards. 203.6 The rules shall include, but are not limited to, the 203.7 following: 203.8 (1) criteria for diagnosis and treatment of the most common 203.9 work-related injuries including, but not limited to, low back 203.10 injuries and upper extremity repetitive trauma injuries; 203.11 (2) criteria for surgical procedures including, but not 203.12 limited to, diagnosis, prior conservative treatment, supporting 203.13 diagnostic imaging and testing, and anticipated outcome 203.14 criteria; 203.15 (3) criteria for use of appliances, adaptive equipment, and 203.16 use of health clubs or other exercise facilities; 203.17 (4) criteria for diagnostic imaging procedures; 203.18 (5) criteria for inpatient hospitalization; and 203.19 (6) criteria for treatment of chronic pain. 203.20 If it is determined by the payer that the level, frequency 203.21 or cost of a procedure or service of a provider is excessive, 203.22 unnecessary, or inappropriate according to the standards 203.23 established by the rules, the provider shall not be paid for the 203.24 procedure, service, or cost by an insurer, self-insurer, or 203.25 group self-insurer, and the provider shall not be reimbursed or 203.26 attempt to collect reimbursement for the procedure, service, or 203.27 cost from any other source, including the employee, another 203.28 insurer, the special compensation fund, or any government 203.29 program unless the commissioner or compensation judge determines 203.30 at a hearing or administrative conference that the level, 203.31 frequency, or cost was not excessive under the rules in which 203.32 case the insurer, self-insurer, or group self-insurer shall make 203.33 the payment deemed reasonable. 203.34 A rehabilitation provider who is determined by the 203.35 rehabilitation review panel board, after hearing, to be 203.36 consistently performing procedures or providing services at an 204.1 excessive level or cost may be prohibited from receiving any 204.2 further reimbursement for procedures or services provided under 204.3 this chapter. A prohibition imposed on a provider under this 204.4 subdivision may be grounds for revocation or suspension of the 204.5 provider's license or certificate of registration to provide 204.6 health care or rehabilitation service in Minnesota by the 204.7 appropriate licensing or certifying body. The commissioner and 204.8 medical services review board shall review excessive, 204.9 inappropriate, or unnecessary health care provider treatment 204.10 under section 176.103. 204.11 Sec. 18. Minnesota Statutes 1996, section 182.676, is 204.12 amended to read: 204.13 182.676 [SAFETY COMMITTEES.] 204.14 Every public or private employer of more than 25 employees 204.15 shall establish and administer a joint labor-management safety 204.16 committee. 204.17 Every public or private employer of 25 or fewer employees 204.18 shall establish and administer a safety committee if: 204.19 (1) the employer has a lost workday cases incidence rate in 204.20 the top ten percent of all rates for employers in the same 204.21 industry; or 204.22 (2) the workers' compensation premium classification 204.23 assigned to the greatest portion of the payroll for the employer 204.24 has a pure premium rate as reported by the workers' compensation 204.25 rating association in the top 25 percent of premium rates for 204.26 all classes. 204.27 A safety committee must hold regularly scheduled meetings 204.28 unless otherwise provided in a collective bargaining agreement. 204.29 Employee safety committee members must be selected by 204.30 employees. An employer that fails to establish or administer a 204.31 safety committee as required by this section may be cited by the 204.32 commissioner. A citation is punishable as a serious violation 204.33 under section 182.666. 204.34 The commissioner may adoptemergency or permanentrules 204.35 necessary to implement this section. 204.36 Sec. 19. Minnesota Statutes 1996, section 223.19, is 205.1 amended to read: 205.2 223.19 [RULES.] 205.3 The commissioner may makeemergency or permanentrules 205.4 pursuant to chapter 14 to carry out the provisions of sections 205.5 223.15 to 223.22. 205.6 Sec. 20. Minnesota Statutes 1996, section 237.711, is 205.7 amended to read: 205.8 237.711 [IMPLEMENTATION RULES.] 205.9 The commission may adoptemergency and permanentrules to 205.10 implement Laws 1988, chapter 621, sections 1 to 16. 205.11 Sec. 21. Minnesota Statutes 1996, section 244.09, 205.12 subdivision 13, is amended to read: 205.13 Subd. 13. [RULEMAKING POWER.] The commission shall have 205.14 authority to promulgateemergency and permanentrules to carry 205.15 out the purposes of subdivision 5. 205.16 Sec. 22. Minnesota Statutes 1996, section 245.4886, 205.17 subdivision 2, is amended to read: 205.18 Subd. 2. [GRANT APPLICATION AND REPORTING REQUIREMENTS.] 205.19 To apply for a grant a county board shall submit an application 205.20 and budget for the use of the money in the form specified by the 205.21 commissioner. The commissioner shall make grants only to 205.22 counties whose applications and budgets are approved by the 205.23 commissioner. In awarding grants, the commissioner shall give 205.24 priority to those counties whose applications indicate plans to 205.25 collaborate in the development, funding, and delivery of 205.26 services with other agencies in the local system of care. The 205.27 commissioner may adoptemergency and permanentrules to govern 205.28 grant applications, approval of applications, allocation of 205.29 grants, and maintenance of financial statements by grant 205.30 recipients and may establish grant requirements for the fiscal 205.31 year ending June 30, 1992, without adopting rules. The 205.32 commissioner shall specify requirements for reports, including 205.33 quarterly fiscal reports, according to section 256.01, 205.34 subdivision 2, paragraph (17). The commissioner shall require 205.35 collection of data and periodic reports which the commissioner 205.36 deems necessary to demonstrate the effectiveness of each service 206.1 in realizing the stated purpose as specified for family 206.2 community support in section 245.4884, subdivision 1; 206.3 therapeutic support of foster care in section 245.4884, 206.4 subdivision 4; professional home-based family treatment in 206.5 section 245.4884, subdivision 3; day treatment in section 206.6 245.4884, subdivision 2; and case management in section 245.4881. 206.7 Sec. 23. Minnesota Statutes 1996, section 245.62, 206.8 subdivision 2, is amended to read: 206.9 Subd. 2. [DEFINITION.] A community mental health center is 206.10 a private nonprofit corporation or public agency approved under 206.11 theemergency and permanentrules promulgated by the 206.12 commissioner pursuant to subdivision 4. 206.13 Sec. 24. Minnesota Statutes 1996, section 245.62, 206.14 subdivision 4, is amended to read: 206.15 Subd. 4. [RULES.] The commissioner shall promulgate 206.16emergency and permanentrules to establish standards for the 206.17 designation of an agency as a community mental health center. 206.18 These standards shall include, but are not limited to: 206.19 (a) provision of mental health services in the prevention, 206.20 identification, treatment and aftercare of emotional disorders, 206.21 chronic and acute mental illness, mental retardation and 206.22 developmental disabilities, and alcohol and drug abuse and 206.23 dependency, including the services listed in section 245.61 206.24 except detoxification services; 206.25 (b) establishment of a community mental health center board 206.26 pursuant to section 245.66; and 206.27 (c) approval pursuant to section 245.69, subdivision 2. 206.28 Sec. 25. Minnesota Statutes 1996, section 245.69, 206.29 subdivision 2, is amended to read: 206.30 Subd. 2. The commissioner of human services has the 206.31 authority to approve or disapprove public and private mental 206.32 health centers and public and private mental health clinics for 206.33 the purposes of section 62A.152, subdivision 2. For the 206.34 purposes of this subdivision the commissioner shall promulgate 206.35both emergency and permanentrules in accordance with sections 206.36 14.001 to 14.69. The rules shall require each applicant to pay 207.1 a fee to cover costs of processing applications and determining 207.2 compliance with the rules and this subdivision. The 207.3 commissioner may contract with any state agency, individual, 207.4 corporation or association to which the commissioner shall 207.5 delegate all but final approval and disapproval authority to 207.6 determine compliance or noncompliance. 207.7 (a) Each approved mental health center and each approved 207.8 mental health clinic shall have a multidisciplinary team of 207.9 professional staff persons as required by rule. A mental health 207.10 center or mental health clinic may provide the staffing required 207.11 by rule by means of written contracts with professional persons 207.12 or with other health care providers. Any personnel 207.13 qualifications developed by rule shall be consistent with any 207.14 personnel standards developed pursuant to chapter 214. 207.15 (b) Each approved mental health clinic and each approved 207.16 mental health center shall establish a written treatment plan 207.17 for each outpatient for whom services are reimbursable through 207.18 insurance or public assistance. The treatment plan shall be 207.19 developed in accordance with the rules and shall include a 207.20 patient history, treatment goals, a statement of diagnosis and a 207.21 treatment strategy. The clinic or center shall provide access 207.22 to hospital admission as a bed patient as needed by any 207.23 outpatient. The clinic or center shall ensure ongoing 207.24 consultation among and availability of all members of the 207.25 multidisciplinary team. 207.26 (c) As part of the required consultation, members of the 207.27 multidisciplinary team shall meet at least twice monthly to 207.28 conduct case reviews, peer consultations, treatment plan 207.29 development and in-depth case discussion. Written minutes of 207.30 these meetings shall be kept at the clinic or center for three 207.31 years. 207.32 (d) Each approved center or clinic shall establish 207.33 mechanisms for quality assurance and submit documentation 207.34 concerning the mechanisms to the commissioner as required by 207.35 rule, including: 207.36 (1) Continuing education of each professional staff person; 208.1 (2) An ongoing internal utilization and peer review plan 208.2 and procedures; 208.3 (3) Mechanisms of staff supervision; and 208.4 (4) Procedures for review by the commissioner or a delegate. 208.5 (e) The commissioner shall disapprove an applicant, or 208.6 withdraw approval of a clinic or center, which the commissioner 208.7 finds does not comply with the requirements of the rules or this 208.8 subdivision. A clinic or center which is disapproved or whose 208.9 approval is withdrawn is entitled to a contested case hearing 208.10 and judicial review pursuant to sections 14.01 to 14.69. 208.11 (f) Data on individuals collected by approved clinics and 208.12 centers, including written minutes of team meetings, is private 208.13 data on individuals within the welfare system as provided in 208.14 chapter 13. 208.15 (g) Each center or clinic that is approved and in 208.16 compliance with the commissioner's existing rule on July 1, 1980 208.17 is approved for purposes of section 62A.152, subdivision 2, 208.18 until rules are promulgated to implement this section. 208.19 Sec. 26. Minnesota Statutes 1996, section 252.275, 208.20 subdivision 6, is amended to read: 208.21 Subd. 6. [RULES.] The commissioner may adoptemergency and208.22permanentrules in accordance with chapter 14 to govern 208.23 allocation, reimbursement, and compliance. 208.24 Sec. 27. Minnesota Statutes 1996, section 252.291, 208.25 subdivision 5, is amended to read: 208.26 Subd. 5. [RULEMAKING.] The commissioner of human services 208.27 shall promulgateemergency and permanentrules pursuant to 208.28 chapter 14, the administrative procedure act, to implement this 208.29 section. 208.30 Sec. 28. Minnesota Statutes 1996, section 256.736, 208.31 subdivision 7, is amended to read: 208.32 Subd. 7. [RULEMAKING.] The commissioner of human services, 208.33 in cooperation with the commissioner of economic security, may 208.34 adoptpermanent and emergencyrules necessary to qualify for any 208.35 federal funds available under this section and to carry out this 208.36 section. 209.1 Sec. 29. Minnesota Statutes 1996, section 256.82, 209.2 subdivision 4, is amended to read: 209.3 Subd. 4. [RULES.] The commissioner shall adoptemergency209.4and permanentrules to implement subdivision 3. In developing 209.5 rules, the commissioner shall take into consideration any 209.6 existing difficulty of care payment rates so that, to the extent 209.7 possible, no child for whom a difficulty of care rate is 209.8 currently established will be adversely affected. 209.9 Sec. 30. Minnesota Statutes 1996, section 256B.092, 209.10 subdivision 6, is amended to read: 209.11 Subd. 6. [RULES.] The commissioner shall adoptemergency209.12and permanentrules to establish required controls, 209.13 documentation, and reporting of services provided in order to 209.14 assure proper administration of the approved waiver plan, and to 209.15 establish policy and procedures to reduce duplicative efforts 209.16 and unnecessary paperwork on the part of case managers. 209.17 Sec. 31. Minnesota Statutes 1996, section 256B.49, 209.18 subdivision 2, is amended to read: 209.19 Subd. 2. [RULES.] The commissioner of human services may 209.20 adoptemergency and permanentrules as necessary to implement 209.21 subdivision 1. 209.22 Sec. 32. Minnesota Statutes 1996, section 256D.03, 209.23 subdivision 7, is amended to read: 209.24 Subd. 7. [DUTIES OF THE COMMISSIONER.] The commissioner 209.25 shall promulgateemergency and permanentrules as necessary to 209.26 establish: 209.27 (a) standards of eligibility, utilization of services, and 209.28 payment levels; 209.29 (b) standards for quality assurance, surveillance, and 209.30 utilization review procedures that conform to those established 209.31 for the medical assistance program pursuant to chapter 256B, 209.32 including general criteria and procedures for the identification 209.33 and prompt investigation of suspected fraud, theft, abuse, 209.34 presentment of false or duplicate claims, presentment of claims 209.35 for services not medically necessary, or false statements or 209.36 representations of material facts by a vendor or recipient of 210.1 general assistance medical care, and for the imposition of 210.2 sanctions against such vendor or recipient of medical care. The 210.3 rules relating to sanctions shall be consistent with the 210.4 provisions of section 256B.064, subdivisions 1a and 2; and 210.5 (c) administrative and fiscal procedures for payment of the 210.6 state share of the medical costs incurred by the counties under 210.7 section 256D.02, subdivision 4a. Rules promulgated pursuant to 210.8 this clause may include: (1) procedures by which state 210.9 liability for the costs of medical care incurred pursuant to 210.10 section 256D.02, subdivision 4a may be deducted from county 210.11 liability to the state under any other public assistance program 210.12 authorized by law; (2) procedures for processing claims of 210.13 counties for reimbursement by the state for expenditures for 210.14 medical care made by the counties pursuant to section 256D.02, 210.15 subdivision 4a; and (3) procedures by which the county agencies 210.16 may contract with the commissioner of human services for state 210.17 administration of general assistance medical care payments. 210.18 Sec. 33. Minnesota Statutes 1996, section 259.71, 210.19 subdivision 5, is amended to read: 210.20 Subd. 5. [MEDICAL ASSISTANCE; DUTIES OF THE COMMISSIONER 210.21 OF HUMAN SERVICES.] The commissioner of human services shall: 210.22 (a) Issue a medical assistance identification card to any 210.23 child with special needs who is title IV-E eligible, or who is 210.24 not title IV-E eligible but was determined by another state to 210.25 have a special need for medical or rehabilitative care, and who 210.26 is a resident in this state and is the subject of an adoption 210.27 assistance agreement with another state when a certified copy of 210.28 the adoption assistance agreement obtained from the adoption 210.29 assistance state has been filed with the commissioner. The 210.30 adoptive parents shall be required at least annually to show 210.31 that the agreement is still in force or has been renewed. 210.32 (b) Consider the holder of a medical assistance 210.33 identification card under this subdivision as any other 210.34 recipient of medical assistance under chapter 256B; process and 210.35 make payment on claims for the recipient in the same manner as 210.36 for other recipients of medical assistance. 211.1 (c) Provide coverage and benefits for a child who is title 211.2 IV-E eligible or who is not title IV-E eligible but was 211.3 determined to have a special need for medical or rehabilitative 211.4 care and who is in another state and who is covered by an 211.5 adoption assistance agreement made by the commissioner for the 211.6 coverage or benefits, if any, which is not provided by the 211.7 resident state. The adoptive parents acting for the child may 211.8 submit evidence of payment for services or benefit amounts not 211.9 payable in the resident state and shall be reimbursed. However, 211.10 there shall be no reimbursement for services or benefit amounts 211.11 covered under any insurance or other third party medical 211.12 contract or arrangement held by the child or the adoptive 211.13 parents. 211.14 (d) Publishemergency and permanentrules implementing this 211.15 subdivision. Such rules shall include procedures to be followed 211.16 in obtaining prior approvals for services which are required for 211.17 the assistance. 211.18 Sec. 34. Minnesota Statutes 1996, section 268.0122, 211.19 subdivision 5, is amended to read: 211.20 Subd. 5. [RULEMAKING.] The commissioner may makeemergency211.21and permanentrules to carry out this chapter. 211.22 Sec. 35. Minnesota Statutes 1996, section 268.90, 211.23 subdivision 3, is amended to read: 211.24 Subd. 3. [COMMISSIONER OF ECONOMIC SECURITY.] The 211.25 commissioner shall: 211.26 (1) makeemergency or permanentrules governing plan 211.27 content, criteria for approval, and administrative standards; 211.28 (2) refer community investment program administrators to 211.29 the appropriate state agency for technical assistance in 211.30 developing and administering community investment programs; 211.31 (3) establish the method by which community investment 211.32 programs will be approved or disapproved through the community 211.33 investment program plan and the annual update component of the 211.34 county plan; 211.35 (4) review and comment on community investment program 211.36 plans; 212.1 (5) institute ongoing methods to monitor and evaluate 212.2 community investment programs; and 212.3 (6) consult with the commissioner of human services on the 212.4 approval of county plans for community investment programs 212.5 relating to the participation of public assistance recipients. 212.6 Sec. 36. Minnesota Statutes 1996, section 462A.03, 212.7 subdivision 10, is amended to read: 212.8 Subd. 10. [PERSONS AND FAMILIES OF LOW AND MODERATE 212.9 INCOME.] "Persons and families of low and moderate income" means 212.10 persons and families, irrespective of race, creed, national 212.11 origin, sex, or status with respect to guardianship or 212.12 conservatorship, determined by the agency to require such 212.13 assistance as is made available by sections 462A.01 to 462A.24 212.14 on account of personal or family income not sufficient to afford 212.15 adequate housing. In making such determination the agency shall 212.16 take into account the following: (a) The amount of the total 212.17 income of such persons and families available for housing needs, 212.18 (b) the size of the family, (c) the cost and condition of 212.19 housing facilities available, (d) the eligibility of such 212.20 persons and families to compete successfully in the normal 212.21 housing market and to pay the amounts at which private 212.22 enterprise is providing sanitary, decent and safe housing. In 212.23 the case of federally subsidized mortgages with respect to which 212.24 income limits have been established by any agency of the federal 212.25 government having jurisdiction thereover for the purpose of 212.26 defining eligibility of low and moderate income families, the 212.27 limits so established shall govern under the provision of 212.28 sections 462A.01 to 462A.24. In all other cases income limits 212.29 for the purpose of defining low or moderate income persons shall 212.30 be established by the agency byemergency or permanentrules.