Minnesota Legislature
HF 378
2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
Current Version - 2nd Engrossment
1.1 A bill for an act 1.2 relating to legislation; correcting erroneous, 1.3 ambiguous, and omitted text and obsolete references; 1.4 eliminating certain redundant, conflicting, and 1.5 superseded provisions; making miscellaneous technical 1.6 corrections to statutes and other laws; amending 1.7 Minnesota Statutes 2004, sections 4.077, subdivision 1.8 1; 10A.04, subdivision 6; 13.32, subdivision 3; 1.9 13.321, by adding a subdivision; 13.381, by adding a 1.10 subdivision; 13.46, subdivision 2; 13.47, subdivision 1.11 1; 13.4963, subdivision 2; 15.0591, subdivision 2; 1.12 15.39, subdivision 2; 16B.31, subdivision 1; 17.43; 1.13 18C.60, subdivision 1; 28.15; 32.645; 47.59, 1.14 subdivision 2; 62I.13, subdivision 3; 62L.17, 1.15 subdivision 2a; 64B.37, subdivision 2; 82.33, 1.16 subdivision 4; 84.8712, subdivisions 2, 3, 4, 6; 1.17 85.22, subdivision 2a; 89.01, subdivision 5a; 115B.20, 1.18 subdivision 2; 116J.871, subdivision 3; 119B.25, 1.19 subdivision 2; 124D.68, subdivision 2; 127A.10; 1.20 137.09; 144.6501, subdivision 1; 145B.04; 152.027, 1.21 subdivision 4; 155A.03, subdivision 1; 155A.16; 1.22 161.1419, subdivision 8; 168.275; 168.33, subdivision 1.23 2a; 169.21, subdivision 2; 169.50, subdivision 1; 1.24 169.59, subdivision 4; 169A.55, subdivision 3; 1.25 171.181, subdivision 1; 177.23, subdivision 7; 181.30; 1.26 201.014, subdivision 2; 201.071, subdivision 1; 1.27 201.15, subdivision 1; 204B.10, subdivision 6; 1.28 216B.61; 219.57, subdivision 6; 234.23; 235.10; 1.29 235.13; 237.763; 238.37; 238.38; 238.42; 239.791, 1.30 subdivision 15; 244.05, subdivisions 4, 5; 245.466, 1.31 subdivision 1; 245.4875, subdivision 1; 245.75; 1.32 246.01; 246B.04, subdivision 2; 252.24, subdivision 5; 1.33 252A.03, subdivisions 1, 4; 252A.101, subdivisions 1, 1.34 5; 253B.23, subdivision 2; 256.93, subdivision 1; 1.35 256B.055, subdivision 12; 256B.0625, subdivision 6a; 1.36 256B.0627, subdivisions 1, 5; 256B.0917, subdivisions 1.37 4, 5; 256B.0951, subdivision 8; 256B.431, subdivision 1.38 14; 256G.01, subdivision 3; 256L.07, subdivision 1; 1.39 256L.15, subdivision 2; 256M.10, subdivision 5; 1.40 257B.08; 259.21, subdivision 4; 260B.007, subdivision 1.41 16; 260C.101, subdivision 2; 276.04, subdivision 2; 1.42 290.095, subdivision 1; 299D.07; 299F.051, subdivision 1.43 4; 299F.093, subdivision 1; 302A.011, subdivision 16; 1.44 303.03; 303.25, subdivision 1; 321.0210; 321.1114; 1.45 322B.03, subdivision 27; 325F.40; 325N.15; 329.17; 1.46 333.135; 336.4A-105; 343.40, subdivision 3; 345.14; 2.1 346.05; 353.01, subdivision 2; 353.34, subdivision 3a; 2.2 356.431, subdivision 1; 395.22; 458D.02, subdivision 2.3 2; 469.104; 473.845, subdivision 1; 481.05; 501B.18; 2.4 501B.19; 514.996, subdivision 3; 515B.4-102; 2.5 524.2-114; 525.9212; 525.95, subdivision 1; 527.38; 2.6 527.39; 529.12; 540.18, subdivision 1; 580.041, 2.7 subdivision 2; 624.64; 624.67; 626.84, subdivision 1; 2.8 629.11; 631.04; Laws 2003, First Special Session 2.9 chapter 11, article 2, section 21; Laws 2004, chapter 2.10 199, article 12, section 108; Laws 2004, chapter 261, 2.11 article 6, section 5; repealing Minnesota Statutes 2.12 2004, sections 115B.49, subdivision 4a; 306.13; 2.13 315.43; 317A.909, subdivision 4; 357.12; 367.40, 2.14 subdivisions 3, 4; 367.401, subdivision 4; 367.42; 2.15 398.35, subdivision 2; Laws 2001, First Special 2.16 Session chapter 10, article 10, section 1; Laws 2003, 2.17 chapter 8, section 2; Laws 2004, chapter 219, section 2.18 1; Laws 2004, chapter 288, article 3, section 5; 2.19 Minnesota Rules, parts 6700.0100, subpart 14; 2.20 6700.1300; 9055.0125; 9055.0500; 9055.0510; 9055.0520; 2.21 9055.0530; 9055.0540; 9055.0550; 9055.0560; 9055.0570; 2.22 9055.0580; 9055.0590; 9055.0600; 9055.0610. 2.23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.24 ARTICLE 1 2.25 GENERAL 2.26 Section 1. Minnesota Statutes 2004, section 4.077, 2.27 subdivision 1, is amended to read: 2.28 Subdivision 1. [PLAN TO RENOVATE COURTS BUILDING.] (a) The 2.29 Old Federal Courts Building in the city of St. Paul,described2.30in the registry of historic sites in section 138.57, andcalled 2.31 in this section the "courts building," is an outstanding example 2.32 of federal architecture of its period and a significant symbol 2.33 of constitutional government which spans much of this state's 2.34 history. Its acquisition, preservation, and appropriate use is 2.35 a concern of the state and an important aspect of state policy 2.36 declared in the Historic Sites Act of 1965. 2.37 (b) The legislature is informed that feasible renovation 2.38 and remodeling of the structure of this historic site would make 2.39 it suitable to meet existing and foreseeable need of the state 2.40 for school, classroom, and other educational use, or for use in 2.41 the protection of public health, and such practical adaptation 2.42 of the courts building should not be incompatible, but rather in 2.43 keeping with, continued observance of the building as an 2.44 historic monument. 2.45 (c) National policy expressed in enactments of the Congress 2.46 (including, but not necessarily limited to, the Surplus Property 3.1 Act of 1944 and Federal Property and Administrative Services Act 3.2 of 1949) make this historic site, now held by and subject to the 3.3 control of the administrator of the General Service 3.4 Administration, available to this state, its political 3.5 subdivisions or instrumentalities upon compliance with the 3.6 conditions of the statutes and rules promulgated thereunder for 3.7 educational use or use in the protection of the public health, 3.8 or as an historic monument for the benefit of the public. 3.9 Sec. 2. Minnesota Statutes 2004, section 10A.04, 3.10 subdivision 6, is amended to read: 3.11 Subd. 6. [PRINCIPAL REPORTS.] (a) A principal must report 3.12 to the board as required in this subdivision by March 15 for the 3.13 preceding calendar year.Along with the report, the principal3.14must pay a fee of $50, except as otherwise provided in this3.15subdivision. The fee must be no more than necessary to cover3.16the cost of administering sections 10A.03 to 10A.06. The amount3.17of the fee is subject to change each biennium in accordance with3.18the budget request made by the board. The fee requirement3.19expires June 30, 2004.3.20 (b) The principal must report the total amount, rounded to 3.21 the nearest $20,000, spent by the principal during the preceding 3.22 calendar year to influence legislative action, administrative 3.23 action, and the official action of metropolitan governmental 3.24 units. 3.25 (c) The principal must report under this subdivision a 3.26 total amount that includes: 3.27 (1) all direct payments by the principal to lobbyists in 3.28 this state; 3.29 (2) all expenditures for advertising, mailing, research, 3.30 analysis, compilation and dissemination of information, and 3.31 public relations campaigns related to legislative action, 3.32 administrative action, or the official action of metropolitan 3.33 governmental units in this state; and 3.34 (3) all salaries and administrative expenses attributable 3.35 to activities of the principal relating to efforts to influence 3.36 legislative action, administrative action, or the official 4.1 action of metropolitan governmental units in this state. 4.2 Sec. 3. Minnesota Statutes 2004, section 13.32, 4.3 subdivision 3, is amended to read: 4.4 Subd. 3. [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 4.5 Except as provided in subdivision 5, educational data is private 4.6 data on individuals and shall not be disclosed except as follows: 4.7 (a) pursuant to section 13.05; 4.8 (b) pursuant to a valid court order; 4.9 (c) pursuant to a statute specifically authorizing access 4.10 to the private data; 4.11 (d) to disclose information in health and safety 4.12 emergencies pursuant to the provisions of United States Code, 4.13 title 20, section 1232g(b)(1)(I) and Code of Federal 4.14 Regulations, title 34, section 99.36; 4.15 (e) pursuant to the provisions of United States Code, title 4.16 20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 4.17 (b)(3) and Code of Federal Regulations, title 34, sections 4.18 99.31, 99.32, 99.33, 99.34, and 99.35; 4.19 (f) to appropriate health authorities to the extent 4.20 necessary to administer immunization programs and for bona fide 4.21 epidemiologic investigations which the commissioner of health 4.22 determines are necessary to prevent disease or disability to 4.23 individuals in the public educational agency or institution in 4.24 which the investigation is being conducted; 4.25 (g) when disclosure is required for institutions that 4.26 participate in a program under title IV of the Higher Education 4.27 Act, United States Code, title 20,chaptersection 1092; 4.28 (h) to the appropriate school district officials to the 4.29 extent necessary under subdivision 6, annually to indicate the 4.30 extent and content of remedial instruction, including the 4.31 results of assessment testing and academic performance at a 4.32 postsecondary institution during the previous academic year by a 4.33 student who graduated from a Minnesota school district within 4.34 two years before receiving the remedial instruction; 4.35 (i) to appropriate authorities as provided in United States 4.36 Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 5.1 the juvenile justice system and the ability of the system to 5.2 effectively serve, prior to adjudication, the student whose 5.3 records are released; provided that the authorities to whom the 5.4 data are released submit a written request for the data that 5.5 certifies that the data will not be disclosed to any other 5.6 person except as authorized by law without the written consent 5.7 of the parent of the student and the request and a record of the 5.8 release are maintained in the student's file; 5.9 (j) to volunteers who are determined to have a legitimate 5.10 educational interest in the data and who are conducting 5.11 activities and events sponsored by or endorsed by the 5.12 educational agency or institution for students or former 5.13 students; 5.14 (k) to provide student recruiting information, from 5.15 educational data held by colleges and universities, as required 5.16 by and subject to Code of Federal Regulations, title 32, section 5.17 216; 5.18 (l) to the juvenile justice system if information about the 5.19 behavior of a student who poses a risk of harm is reasonably 5.20 necessary to protect the health or safety of the student or 5.21 other individuals; 5.22 (m) with respect to Social Security numbers of students in 5.23 the adult basic education system, to Minnesota State Colleges 5.24 and Universities and the Department of Employment and Economic 5.25 Development for the purpose and in the manner described in 5.26 section 124D.52, subdivision 7; or 5.27 (n) to the commissioner of education for purposes of an 5.28 assessment or investigation of a report of alleged maltreatment 5.29 of a student as mandated by section 626.556. Upon request by 5.30 the commissioner of education, data that are relevant to a 5.31 report of maltreatment and are from charter school and school 5.32 district investigations of alleged maltreatment of a student 5.33 must be disclosed to the commissioner, including, but not 5.34 limited to, the following: 5.35 (1) information regarding the student alleged to have been 5.36 maltreated; 6.1 (2) information regarding student and employee witnesses; 6.2 (3) information regarding the alleged perpetrator; and 6.3 (4) what corrective or protective action was taken, if any, 6.4 by the school facility in response to a report of maltreatment 6.5 by an employee or agent of the school or school district. 6.6 Sec. 4. Minnesota Statutes 2004, section 13.321, is 6.7 amended by adding a subdivision to read: 6.8 Subd. 2a. [SCHOOL ACCOUNTABILITY.] Certain school 6.9 accountability data are governed by section 120B.36, 6.10 subdivisions 1, paragraph (e), and 2. 6.11 Sec. 5. Minnesota Statutes 2004, section 13.381, is 6.12 amended by adding a subdivision to read: 6.13 Subd. 7a. [FACILITY REQUIREMENTS.] Data provided to, filed 6.14 with, or created or obtained by the commissioner of health under 6.15 section 144.7065 are classified as provided in section 144.7065, 6.16 subdivision 10. 6.17 Sec. 6. Minnesota Statutes 2004, section 13.46, 6.18 subdivision 2, is amended to read: 6.19 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 6.20 a statute specifically provides a different classification, data 6.21 on individuals collected, maintained, used, or disseminated by 6.22 the welfare system is private data on individuals, and shall not 6.23 be disclosed except: 6.24 (1) according to section 13.05; 6.25 (2) according to court order; 6.26 (3) according to a statute specifically authorizing access 6.27 to the private data; 6.28 (4) to an agent of the welfare system, including a law 6.29 enforcement person, attorney, or investigator acting for it in 6.30 the investigation or prosecution of a criminal or civil 6.31 proceeding relating to the administration of a program; 6.32 (5) to personnel of the welfare system who require the data 6.33 to verify an individual's identity; determine eligibility, 6.34 amount of assistance, and the need to provide services to an 6.35 individual or family across programs; evaluate the effectiveness 6.36 of programs; and investigate suspected fraud; 7.1 (6) to administer federal funds or programs; 7.2 (7) between personnel of the welfare system working in the 7.3 same program; 7.4 (8) to the Department of Revenue to administer and evaluate 7.5 tax refund or tax credit programs and to identify individuals 7.6 who may benefit from these programs. The following information 7.7 may be disclosed under this paragraph: an individual's and 7.8 their dependent's names, dates of birth, Social Security 7.9 numbers, income, addresses, and other data as required, upon 7.10 request by the Department of Revenue. Disclosures by the 7.11 commissioner of revenue to the commissioner of human services 7.12 for the purposes described in this clause are governed by 7.13 section 270B.14, subdivision 1. Tax refund or tax credit 7.14 programs include, but are not limited to, the dependent care 7.15 credit under section 290.067, the Minnesota working family 7.16 credit under section 290.0671, the property tax refund and 7.17 rental credit under section 290A.04, and the Minnesota education 7.18 credit under section 290.0674; 7.19 (9) between the Department of Human Services, the 7.20 Department of Education, and the Department of Employment and 7.21 Economic Development for the purpose of monitoring the 7.22 eligibility of the data subject for unemployment benefits, for 7.23 any employment or training program administered, supervised, or 7.24 certified by that agency, for the purpose of administering any 7.25 rehabilitation program or child care assistance program, whether 7.26 alone or in conjunction with the welfare system, or to monitor 7.27 and evaluate the Minnesota family investment program by 7.28 exchanging data on recipients and former recipients of food 7.29 support, cash assistance under chapter 256, 256D, 256J, or 256K, 7.30 child care assistance under chapter 119B, or medical programs 7.31 under chapter 256B, 256D, or 256L; 7.32 (10) to appropriate parties in connection with an emergency 7.33 if knowledge of the information is necessary to protect the 7.34 health or safety of the individual or other individuals or 7.35 persons; 7.36 (11) data maintained by residential programs as defined in 8.1 section 245A.02 may be disclosed to the protection and advocacy 8.2 system established in this state according to Part C of Public 8.3 Law 98-527 to protect the legal and human rights of persons with 8.4 mental retardation or other related conditions who live in 8.5 residential facilities for these persons if the protection and 8.6 advocacy system receives a complaint by or on behalf of that 8.7 person and the person does not have a legal guardian or the 8.8 state or a designee of the state is the legal guardian of the 8.9 person; 8.10 (12) to the county medical examiner or the county coroner 8.11 for identifying or locating relatives or friends of a deceased 8.12 person; 8.13 (13) data on a child support obligor who makes payments to 8.14 the public agency may be disclosed to the Higher Education 8.15 Services Office to the extent necessary to determine eligibility 8.16 under section 136A.121, subdivision 2, clause (5); 8.17 (14) participant Social Security numbers and names 8.18 collected by the telephone assistance program may be disclosed 8.19 to the Department of Revenue to conduct an electronic data match 8.20 with the property tax refund database to determine eligibility 8.21 under section 237.70, subdivision 4a; 8.22 (15) the current address of a Minnesota family investment 8.23 program participant may be disclosed to law enforcement officers 8.24 who provide the name of the participant and notify the agency 8.25 that: 8.26 (i) the participant: 8.27 (A) is a fugitive felon fleeing to avoid prosecution, or 8.28 custody or confinement after conviction, for a crime or attempt 8.29 to commit a crime that is a felony under the laws of the 8.30 jurisdiction from which the individual is fleeing; or 8.31 (B) is violating a condition of probation or parole imposed 8.32 under state or federal law; 8.33 (ii) the location or apprehension of the felon is within 8.34 the law enforcement officer's official duties; and 8.35 (iii) the request is made in writing and in the proper 8.36 exercise of those duties; 9.1 (16) the current address of a recipient of general 9.2 assistance or general assistance medical care may be disclosed 9.3 to probation officers and corrections agents who are supervising 9.4 the recipient and to law enforcement officers who are 9.5 investigating the recipient in connection with a felony level 9.6 offense; 9.7 (17) information obtained from food support applicant or 9.8 recipient households may be disclosed to local, state, or 9.9 federal law enforcement officials, upon their written request, 9.10 for the purpose of investigating an alleged violation of the 9.11 Food Stamp Act, according to Code of Federal Regulations, title 9.12 7, section 272.1(c); 9.13 (18) the address, Social Security number, and, if 9.14 available, photograph of any member of a household receiving 9.15 food support shall be made available, on request, to a local, 9.16 state, or federal law enforcement officer if the officer 9.17 furnishes the agency with the name of the member and notifies 9.18 the agency that: 9.19 (i) the member: 9.20 (A) is fleeing to avoid prosecution, or custody or 9.21 confinement after conviction, for a crime or attempt to commit a 9.22 crime that is a felony in the jurisdiction the member is 9.23 fleeing; 9.24 (B) is violating a condition of probation or parole imposed 9.25 under state or federal law; or 9.26 (C) has information that is necessary for the officer to 9.27 conduct an official duty related to conduct described in subitem 9.28 (A) or (B); 9.29 (ii) locating or apprehending the member is within the 9.30 officer's official duties; and 9.31 (iii) the request is made in writing and in the proper 9.32 exercise of the officer's official duty; 9.33 (19) the current address of a recipient of Minnesota family 9.34 investment program, general assistance, general assistance 9.35 medical care, or food support may be disclosed to law 9.36 enforcement officers who, in writing, provide the name of the 10.1 recipient and notify the agency that the recipient is a person 10.2 required to register under section 243.166, but is not residing 10.3 at the address at which the recipient is registered under 10.4 section 243.166; 10.5 (20) certain information regarding child support obligors 10.6 who are in arrears may be made public according to section 10.7 518.575; 10.8 (21) data on child support payments made by a child support 10.9 obligor and data on the distribution of those payments excluding 10.10 identifying information on obligees may be disclosed to all 10.11 obligees to whom the obligor owes support, and data on the 10.12 enforcement actions undertaken by the public authority, the 10.13 status of those actions, and data on the income of the obligor 10.14 or obligee may be disclosed to the other party; 10.15 (22) data in the work reporting system may be disclosed 10.16 under section 256.998, subdivision 7; 10.17 (23) to the Department of Education for the purpose of 10.18 matching Department of Education student data with public 10.19 assistance data to determine students eligible for free and 10.20 reduced price meals, meal supplements, and free milk according 10.21 to United States Code, title 42, sections 1758, 1761, 1766, 10.22 1766a, 1772, and 1773; to allocate federal and state funds that 10.23 are distributed based on income of the student's family; and to 10.24 verify receipt of energy assistance for the telephone assistance 10.25 plan; 10.26 (24) the current address and telephone number of program 10.27 recipients and emergency contacts may be released to the 10.28 commissioner of health or a local board of health as defined in 10.29 section 145A.02, subdivision 2, when the commissioner or local 10.30 board of health has reason to believe that a program recipient 10.31 is a disease case, carrier, suspect case, or at risk of illness, 10.32 and the data are necessary to locate the person; 10.33 (25) to other state agencies, statewide systems, and 10.34 political subdivisions of this state, including the attorney 10.35 general, and agencies of other states, interstate information 10.36 networks, federal agencies, and other entities as required by 11.1 federal regulation or law for the administration of the child 11.2 support enforcement program; 11.3 (26) to personnel of public assistance programs as defined 11.4 in section 256.741, for access to the child support system 11.5 database for the purpose of administration, including monitoring 11.6 and evaluation of those public assistance programs; 11.7 (27) to monitor and evaluate the Minnesota family 11.8 investment program by exchanging data between the Departments of 11.9 Human Services and Education, on recipients and former 11.10 recipients of food support, cash assistance under chapter 256, 11.11 256D, 256J, or 256K, child care assistance under chapter 119B, 11.12 or medical programs under chapter 256B, 256D, or 256L; 11.13 (28) to evaluate child support program performance and to 11.14 identify and prevent fraud in the child support program by 11.15 exchanging data between the Department of Human Services, 11.16 Department of Revenue under section 270B.14, subdivision 1, 11.17 paragraphs (a) and (b), without regard to the limitation of use 11.18 in paragraph (c), Department of Health, Department of Employment 11.19 and Economic Development, and other state agencies as is 11.20 reasonably necessary to perform these functions; or 11.21 (29) counties operating child care assistance programs 11.22 under chapter 119B may disseminate data on program participants, 11.23 applicants, and providers to the commissioner of education. 11.24 (b) Information on persons who have been treated for drug 11.25 or alcohol abuse may only be disclosed according to the 11.26 requirements of Code of Federal Regulations, title 42, sections 11.27 2.1 to 2.67. 11.28 (c) Data provided to law enforcement agencies under 11.29 paragraph (a), clause (15), (16), (17), or (18), or paragraph 11.30 (b), are investigative data and are confidential or protected 11.31 nonpublic while the investigation is active. The data are 11.32 private after the investigation becomes inactive under section 11.33 13.82, subdivision 5, paragraph (a) or (b). 11.34 (d) Mental health data shall be treated as provided in 11.35 subdivisions 7, 8, and 9, but is not subject to the access 11.36 provisions of subdivision 10, paragraph (b). 12.1 For the purposes of this subdivision, a request will be 12.2 deemed to be made in writing if made through a computer 12.3 interface system. 12.4 Sec. 7. Minnesota Statutes 2004, section 13.47, 12.5 subdivision 1, is amended to read: 12.6 Subdivision 1. [DEFINITION.] (a) "Employment and training 12.7 data" means data on individuals collected, maintained, used, or 12.8 disseminated because an individual applies for, is currently 12.9 enrolled in, or has been enrolled in employment and training 12.10 programs funded with federal, state, or local resources, 12.11 including those provided under the Workforce Investment Act of 12.12 1998, United States Code, title 29, section 2801. 12.13 (b) "Employment and training service provider" means an 12.14 entity certified, or seeking to be certified, by the 12.15 commissioner of employment and economic development to deliver 12.16 employment and training services under section268.012212.17 116J.401, subdivision32, or an organization that contracts 12.18 with a certified entity or the Department of Employment and 12.19 Economic Development to deliver employment and training services. 12.20 (c) "Provider of training services" means an organization 12.21 or entity that provides training under the Workforce Investment 12.22 Act of 1998, United States Code, title 29, section 2801. 12.23 Sec. 8. Minnesota Statutes 2004, section 13.4963, 12.24 subdivision 2, is amended to read: 12.25 Subd. 2. [GENERALLY.] Classification and disclosure of tax 12.26 data created, collected, or maintained by the Department of 12.27 Revenue under section 273.1315, chapter 115B, 289A (except for 12.28 taxes imposed under sections 298.01, 298.015, and 298.24), 290, 12.29 290A, 291, 295, 297A, or 297H, or any similar Indian tribal tax 12.30 administered by the commissioner according to a tax agreement 12.31 between the state and an Indian tribal government are governed 12.32 by chapter 270B. 12.33 Sec. 9. Minnesota Statutes 2004, section 15.0591, 12.34 subdivision 2, is amended to read: 12.35 Subd. 2. [BODIES AFFECTED.] A member meeting the 12.36 qualifications in subdivision 1 must be appointed to the 13.1 following boards, commissions, advisory councils, task forces, 13.2 or committees: 13.3 (1) Advisory Council on Battered Women and Domestic Abuse; 13.4 (2) Advisory Task Force on the Use of State Facilities; 13.5 (3) Alcohol and Other Drug Abuse Advisory Council; 13.6 (4) Board of Examiners for Nursing Home Administrators; 13.7 (5) Board on Aging; 13.8 (6) Chiropractic Examiners Board; 13.9 (7) Council on Disability; 13.10 (8) Council on Affairs of Chicano/Latino People; 13.11 (9) Council on Black Minnesotans; 13.12 (10) Dentistry Board; 13.13 (11) Higher Education Services Office; 13.14 (12) Housing Finance Agency; 13.15 (13) Indian Advisory Council on Chemical Dependency; 13.16 (14) Medical Practice Board; 13.17 (15)Medical Policy Directional Task Force on Mental13.18Health;13.19(16)Minnesota State Arts Board; 13.20(17)(16) Nursing Board; 13.21(18)(17) Optometry Board; 13.22(19)(18) Pharmacy Board; 13.23(20)(19) Board of Physical Therapy; 13.24(21)(20) Podiatry Board; 13.25(22)(21) Psychology Board. 13.26 Sec. 10. Minnesota Statutes 2004, section 15.39, 13.27 subdivision 2, is amended to read: 13.28 Subd. 2. [REQUISITION AUTHORITY.] The commissioner is 13.29 authorized to requisition from theeconomic security13.30 administration fund any amount necessary to pay premiums for the 13.31 insurance specified in subdivision 1 and money in the amount 13.32 necessary is appropriated for that purpose. 13.33 Sec. 11. Minnesota Statutes 2004, section 16B.31, 13.34 subdivision 1, is amended to read: 13.35 Subdivision 1. [CONSTRUCTION PLANS AND SPECIFICATIONS.] 13.36(a)The commissioner shall (1) have plans and specifications 14.1 prepared for the construction, alteration, or enlargement of all 14.2 state buildings, structures, and other improvements except 14.3 highways and bridges, and except for buildings and structures 14.4 under the control of the Board of Regents of the University of 14.5 Minnesota or of the Board of Trustees of the Minnesota State 14.6 Colleges and Universities; (2) approve those plans and 14.7 specifications; (3) advertise for bids and award all contracts 14.8 in connection with the improvements; (4) supervise and inspect 14.9 all work relating to the improvements; (5) approve all lawful 14.10 changes in plans and specifications after the contract for an 14.11 improvement is let; and (6) approve estimates for payment. This 14.12 subdivision does not apply to the construction of the Zoological 14.13 Gardens. 14.14 (b) MS 2002 (Expired) 14.15 (c) MS 2002 (Expired) 14.16(d) The commissioner, the board, the Board of Regents of14.17the University of Minnesota, and the Board of Trustees of the14.18Minnesota State Colleges and Universities shall create a panel14.19of representatives, including representatives of the14.20construction industry and the architecture and engineering14.21professions, to evaluate the use of design-build and the14.22procedures for design-builder selection under section 16C.31,14.23and shall report to the legislature on or before January 1,14.242004, as to the success of design-build as a method of14.25construction and the need and desirability for any changes in14.26the selection procedure.14.27 Sec. 12. Minnesota Statutes 2004, section 18C.60, 14.28 subdivision 1, is amended to read: 14.29 Subdivision 1. [DEFINITIONSDEFINITION.](a) The14.30definitions in this subdivision apply to this section.14.31(b) "Metropolitan county" means any one of the following14.32counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or14.33Washington.14.34(c)For the purpose of this section, "turf" means noncrop 14.35 land planted in closely mowed, managed grasses including, but 14.36 not limited to, residential and commercial residential property, 15.1 private golf courses, and property owned by federal, state, or 15.2 local units of government, including parks, recreation areas, 15.3 and public golf courses. Turf does not mean pasture, hayland, 15.4 hay, turf grown on turf farms, or any other form of agricultural 15.5 production. 15.6 Sec. 13. Minnesota Statutes 2004, section 47.59, 15.7 subdivision 2, is amended to read: 15.8 Subd. 2. [APPLICATION.] Extensions of credit or purchases 15.9 of extensions of credit by financial institutions under sections 15.10 47.20, 47.21, 47.201, 47.204, 47.58, 47.60, 48.153, 48.185, 15.11 48.195, 59A.01 to 59A.15, 334.01, 334.011, 334.012, 334.022, 15.12 334.06, and 334.061 to 334.19 may, but need not, be made 15.13 according to those sections in lieu of the authority set forth 15.14 in this section to the extent those sections authorize the 15.15 financial institution to make extensions of credit or purchase 15.16 extensions of credit under those sections. If a financial 15.17 institution elects to make an extension of credit or to purchase 15.18 an extension of credit under those other sections, the extension 15.19 of credit or the purchase of an extension of credit is subject 15.20 to those sections and not this section, except this subdivision, 15.21 and except as expressly provided in those sections. A financial 15.22 institution may also charge an organization a rate of interest 15.23 and any charges agreed to by the organization and may calculate 15.24 and collect finance and other charges in any manner agreed to by 15.25 that organization. Except for extensions of credit a financial 15.26 institution elects to make under section 334.01, 334.011, 15.27 334.012,334.021334.022, 334.06, or 334.061 to 334.19, chapter 15.28 334 does not apply to extensions of credit made according to 15.29 this section or the sections listed in this subdivision. This 15.30 subdivision does not authorize a financial institution to extend 15.31 credit or purchase an extension of credit under any of the 15.32 sections listed in this subdivision if the financial institution 15.33 is not authorized to do so under those sections. A financial 15.34 institution extending credit under any of the sections listed in 15.35 this subdivision shall specify in the promissory note, contract, 15.36 or other loan document the section under which the extension of 16.1 credit is made. 16.2 Sec. 14. Minnesota Statutes 2004, section 62I.13, 16.3 subdivision 3, is amended to read: 16.4 Subd. 3. [DISQUALIFYING FACTORS.] For good cause, coverage 16.5 may be denied or terminated by the association. Good cause may 16.6 exist if the applicant or insured: (1) has an outstanding debt 16.7 due or owing to the association at the time of application or 16.8 renewal arising from a prior policy; (2) refuses to permit 16.9 completion of an audit requested by the commissioner or 16.10 administrator; (3) submits misleading or erroneous information 16.11 to the commissioner or administrator; (4) disregards safety 16.12 standards, laws, rules or ordinance pertaining to the risk being 16.13 insured; (5) fails to supply information requested by the 16.14 commissioner or administrator; and (6) fails to comply with the 16.15 terms of the policies or contracts for coverage issued by the 16.16 association; and (7) has not satisfied the requirements of the16.17market assistance program as set forth in section 62I.09. 16.18 Sec. 15. Minnesota Statutes 2004, section 62L.17, 16.19 subdivision 2a, is amended to read: 16.20 Subd. 2a. [PARTICIPATION OF NEW SMALL EMPLOYER HEALTH 16.21 CARRIERS.] A health carrier that enters the small employer 16.22 market subsequent to February 1993, may elect to not participate 16.23 in the reinsurance association by filing an application within 16.24 60 days of entry into the small employer market or May 26, 1995, 16.25 whichever is later. The commissioner shall make a determination 16.26 and notify the health carrier no later than 60 days after 16.27 receipt of the application. In determining whether to approve 16.28 the application, the commissioner shall consider the standards 16.29 defined in subdivision 2, except that the commissioner may also 16.30 consider whether the health carrier has a guaranteeing 16.31 organizationas defined in section 62D.043, subdivision 1, oras 16.32 permitted under chapter 62N. 16.33 Sec. 16. Minnesota Statutes 2004, section 82.33, 16.34 subdivision 4, is amended to read: 16.35 Subd. 4. [RENEWAL; EXAMINATION.] Except as provided in 16.36sections 82.22, subdivision 7, andsection 82.29, subdivision 7, 17.1 no examination shall be required for the renewal of any license, 17.2 provided, however, any licensee having been licensed as a broker 17.3 or salesperson in the state of Minnesota and who shall fail to 17.4 renew the license for a period of two years shall be required by 17.5 the commissioner to again take an examination. 17.6 Sec. 17. Minnesota Statutes 2004, section 84.8712, 17.7 subdivision 2, is amended to read: 17.8 Subd. 2. [CIVIL CITATION; AUTHORITY TO ISSUE.] 17.9 Conservation officers and other licensed peace officers may 17.10 issue civil citations to a person who operates a snowmobile in 17.11 violation of this sectionor section 84.8713. The citation must 17.12 impose a penalty of $50 for the first offense, $200 for the 17.13 second offense, and $500 for third and subsequent offenses. 17.14 Sec. 18. Minnesota Statutes 2004, section 84.8712, 17.15 subdivision 3, is amended to read: 17.16 Subd. 3. [APPEALS.] Civil citations for offenses under 17.17 this sectionor section 84.8713may be appealed under the 17.18 procedures in section 116.072, subdivision 6, if the recipient 17.19 of the citation requests a hearing by notifying the commissioner 17.20 in writing within 15 days after receipt of the citation. For 17.21 the purposes of the enforcement of this section, the terms 17.22 "commissioner" and "agency" as used in section 116.072 mean the 17.23 commissioner of natural resources. If a hearing is not 17.24 requested within the 15-day period, the citation becomes a final 17.25 order not subject to further review. 17.26 Sec. 19. Minnesota Statutes 2004, section 84.8712, 17.27 subdivision 4, is amended to read: 17.28 Subd. 4. [ENFORCEMENT.] Civil citations for offenses under 17.29 this sectionor section 84.8713may be enforced under section 17.30 116.072, subdivision 9. If a person fails to pay a penalty owed 17.31 under this section, the person may not operate a snowmobile 17.32 until the penalty is paid. Penalty amounts must be remitted 17.33 within 30 days of issuance of the penalty citation. 17.34 Sec. 20. Minnesota Statutes 2004, section 84.8712, 17.35 subdivision 6, is amended to read: 17.36 Subd. 6. [SELECTION OF REMEDY.] A person operating a 18.1 snowmobile in violation of this sectionor section 84.8713is 18.2 guilty of a petty misdemeanor punishable by a fine of no more 18.3 than $50 for the first offense, no more than $300 for the second 18.4 offense, and no more than $600 for the third and subsequent 18.5 offenses. A peace officer may not seek both civil and petty 18.6 misdemeanor penalties for a violation of this sectionor section18.784.8713. 18.8 Sec. 21. Minnesota Statutes 2004, section 85.22, 18.9 subdivision 2a, is amended to read: 18.10 Subd. 2a. [RECEIPTS, APPROPRIATION.] All receipts derived 18.11 from the rental or sale of state park items, tours at 18.12 Forestville Mystery Cave State Park, and operation of Douglas 18.13 Lodge shall be deposited in the state treasury and be credited 18.14 to the state parks working capital account. Receipts and 18.15 expenses from Douglas Lodge shall be tracked separately within 18.16 the account. Money in the account is annually appropriated for 18.17 the purchase and payment of expenses attributable to items for 18.18 resale or rental and operation of Douglas Lodge. Any excess 18.19 receipts in this account are annually appropriated for state 18.20 park management and interpretive programs. 18.21 Sec. 22. Minnesota Statutes 2004, section 89.01, 18.22 subdivision 5a, is amended to read: 18.23 Subd. 5a. [SALE OF STATE FOREST LAND.] Any state lands 18.24 included in areas set apart as state forests are eliminated from 18.25 the state forest upon sale under the provisions of sections 18.26 92.06 to92.0992.08 or 94.09 to 94.16. 18.27 Sec. 23. Minnesota Statutes 2004, section 115B.20, 18.28 subdivision 2, is amended to read: 18.29 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Money 18.30 appropriated from the remediation fund under section 116.155, 18.31 subdivision 2, paragraph (a), clause (1), may be spent only for 18.32 the following purposes: 18.33 (1) preparation by the agency and the commissioner of 18.34 agriculture for taking removal or remedial action under section 18.35 115B.17, or under chapter 18D, including investigation, 18.36 monitoring and testing activities, enforcement and compliance 19.1 efforts relating to the release of hazardous substances, 19.2 pollutants or contaminants under section 115B.17 or 115B.18, or 19.3 chapter 18D; 19.4 (2) removal and remedial actions taken or authorized by the 19.5 agency or the commissioner of the Pollution Control Agency under 19.6 section 115B.17, or taken or authorized by the commissioner of 19.7 agriculture under chapter 18D including related enforcement and 19.8 compliance efforts under section 115B.17 or 115B.18, or chapter 19.9 18D, and payment of the state share of the cost of remedial 19.10 action which may be carried out under a cooperative agreement 19.11 with the federal government pursuant to the federal Superfund 19.12 Act, under United States Code, title 42, section 9604(c)(3) for 19.13 actions related to facilities other than commercial hazardous 19.14 waste facilities located under the siting authority of chapter 19.15 115A; 19.16 (3) reimbursement to any private person for expenditures 19.17 made before July 1, 1983, to provide alternative water supplies 19.18 deemed necessary by the agency or the commissioner of 19.19 agriculture and the Department of Health to protect the public 19.20 health from contamination resulting from the release of a 19.21 hazardous substance; 19.22 (4) assessment and recovery of natural resource damages by 19.23 the agency and thecommissionerscommissioner of natural 19.24 resourcesandfor administration,andplanning, and 19.25 implementation by the commissioner of natural resources of the 19.26 rehabilitation, restoration, or acquisition of natural resources 19.27 to remedy injuries or losses to natural resources resulting from 19.28 the release of a hazardous substance; before implementing a 19.29 project to rehabilitate, restore, or acquire natural resources 19.30 under this clause, the commissioner of natural resources shall 19.31 provide written notice of the proposed project to the chairs of 19.32 the senate and house of representatives committees with 19.33 jurisdiction over environment and natural resources finance; 19.34 (5) acquisition of a property interest under section 19.35 115B.17, subdivision 15; 19.36 (6) reimbursement, in an amount to be determined by the 20.1 agency in each case, to a political subdivision that is not a 20.2 responsible person under section 115B.03, for reasonable and 20.3 necessary expenditures resulting from an emergency caused by a 20.4 release or threatened release of a hazardous substance, 20.5 pollutant, or contaminant; and 20.6 (7) reimbursement to a political subdivision for 20.7 expenditures in excess of the liability limit under section 20.8 115B.04, subdivision 4. 20.9 Sec. 24. Minnesota Statutes 2004, section 119B.25, 20.10 subdivision 2, is amended to read: 20.11 Subd. 2. [GRANTS.] The commissioner shall distribute money 20.12 provided by this section through a grant to a nonprofit 20.13 corporation organized to plan, develop, and finance early 20.14 childhood education and child care sites. The nonprofit 20.15 corporation must have demonstrated the ability to analyze 20.16 financing projects, have knowledge of other sources of public 20.17 and private financing for child care and early childhood 20.18 education sites, and have a relationship withtheregional 20.19 resource and referral programsunder section 119B.211. The 20.20 board of directors of the nonprofit corporation must include 20.21 members who are knowledgeable about early childhood education, 20.22 child care, development and improvement, and financing. The 20.23 commissioners of the Departments of Human Services and 20.24 Employment and Economic Development, and the commissioner of the 20.25 Housing Finance Agency shall advise the board on the loan 20.26 program. The grant must be used to make loans to improve child 20.27 care or early childhood education sites, or loans to plan, 20.28 design, and construct or expand licensed and legal unlicensed 20.29 sites to increase the availability of child care or early 20.30 childhood education. All loans made by the nonprofit 20.31 corporation must comply with section 363A.16. 20.32 Sec. 25. Minnesota Statutes 2004, section 124D.68, 20.33 subdivision 2, is amended to read: 20.34 Subd. 2. [ELIGIBLE PUPILS.] The following pupils are 20.35 eligible to participate in the graduation incentives program: 20.36 (a) any pupil under the age of 21 who: 21.1 (1) performs substantially below the performance level for 21.2 pupils of the same age in a locally determined achievement test; 21.3 (2) is at least one year behind in satisfactorily 21.4 completing coursework or obtaining credits for graduation; 21.5 (3) is pregnant or is a parent; 21.6 (4) has been assessed as chemically dependent; 21.7 (5) has been excluded or expelled according to sections 21.8 121A.40 to 121A.56; 21.9 (6) has been referred by a school district for enrollment 21.10 in an eligible program or a program pursuant to section 124D.69; 21.11 (7) is a victim of physical or sexual abuse; 21.12 (8) has experienced mental health problems; 21.13 (9) has experienced homelessness sometime within six months 21.14 before requesting a transfer to an eligible program; 21.15 (10) speaks English as a second language or has limited 21.16 English proficiency; or 21.17 (11) has withdrawn from school or has been chronically 21.18 truant; or 21.19 (b) any person who is at least 21 years of age and who: 21.20 (1) has received fewer than 14 years of public or nonpublic 21.21 education, beginning at age 5; 21.22 (2) has not completed the requirements for a high school 21.23 diploma; and 21.24 (3) at the time of application, (i) is eligible for 21.25 unemployment benefits or has exhausted the benefits, (ii) is 21.26 eligible for, or is receiving income maintenance and support 21.27 services, as defined in section 116L.19, subdivision 5, or (iii) 21.28 is eligible for services under the displaced homemaker program,21.29state wage-subsidy program,or any programs under the federal 21.30 Jobs Training Partnership Act or its successor. 21.31 Sec. 26. Minnesota Statutes 2004, section 155A.03, 21.32 subdivision 1, is amended to read: 21.33 Subdivision 1. [TERMS.] For purposes of sections 155A.03 21.34 to155A.26155A.16, and unless the context clearly requires 21.35 otherwise, the words defined in this section have the meanings 21.36 given them. 22.1 Sec. 27. Minnesota Statutes 2004, section 161.1419, 22.2 subdivision 8, is amended to read: 22.3 Subd. 8. [EXPIRATION.] The commissionshall expireexpires 22.4 on June 30,20032007. 22.5 Sec. 28. Minnesota Statutes 2004, section 168.33, 22.6 subdivision 2a, is amended to read: 22.7 Subd. 2a. [DEPUTY REGISTRARS, CONTINUATION IN OFFICE.] 22.8 Persons serving as deputy registrars onthe effective date of22.9this actJuly 1, 1970, shall continue to hold such office until 22.10 a successor is duly appointed and qualifies. 22.11 Sec. 29. Minnesota Statutes 2004, section 169.50, 22.12 subdivision 1, is amended to read: 22.13 Subdivision 1. [REQUIREMENTS; EXCEPTION.] (a) Every motor 22.14 vehicle and every vehicle that is being drawn at the end of a 22.15 train of vehicles must be equipped with at least one taillamp, 22.16 exhibiting a red light plainly visible from a distance of 500 22.17 feet to the rear. 22.18 (b) Every motor vehicle, other than a truck-tractor, and 22.19 every vehicle that is being drawn at the end of a train of 22.20 vehicles, registered in this state and manufactured or assembled 22.21 after January 1, 1960, must be equipped with at least two 22.22 taillamps mounted on the rear and on the same level and as 22.23 widely spaced laterally as practicable. When lighted, the 22.24 taillamps must comply with the provisions of this section. 22.25 (c) An implement of husbandry being towed by a motor 22.26 vehicle at a speed of not more than 30 miles per hour, 22.27 displaying a slow-moving vehicle emblem, and complying with 22.28 section 169.55, subdivision 2, paragraph (a), clause (4), is not 22.29 subject to the requirements of this section. 22.30 Sec. 30. Minnesota Statutes 2004, section 169.59, 22.31 subdivision 4, is amended to read: 22.32 Subd. 4. [FLASHING WARNING LIGHT.] Any vehicle may be 22.33 equipped with lamps which may be used for the purpose of warning 22.34 the operators of other vehicles of the presence of a vehicular 22.35 traffic hazard requiring the exercise of unusual care in 22.36 approaching, overtaking, or passing, and when so equipped may 23.1 display such warning in addition to any other warning signals 23.2 required by thisactsection or section 169.50, subdivision 1 or 23.3 3; 169.56, subdivision 1, 2, 3, or 4; 169.57, subdivision 1; or 23.4 169.64, subdivision 3. The lamps used to display such warnings 23.5 to the front shall be mounted at the same level and as widely 23.6 spaced laterally as practicable, and shall display simultaneous 23.7 flashing white or amber lights, or any shade of color between 23.8 white and amber. The lamps used to display such warnings to the 23.9 rear shall be mounted at the same level and as widely spaced 23.10 laterally as practicable, and shall show simultaneously flashing 23.11 amber or red lights, or any shade of color between amber and 23.12 red. Instead of a pair of lamps that flash simultaneously, 23.13 either one or two strobe lights or rotating beacon lights with 23.14 an amber or yellow lens may be used both to the front and rear 23.15 of the vehicle. These warning lights shall be visible from a 23.16 distance of not less than 500 feet under normal atmospheric 23.17 conditions at night. 23.18 Sec. 31. Minnesota Statutes 2004, section 169A.55, 23.19 subdivision 3, is amended to read: 23.20 Subd. 3. [REINSTATEMENT OR ISSUANCE OF PROVISIONAL 23.21 LICENSE.] The commissioner shall not issue a provisional or 23.22 regular driver's license to a person whose provisional driver's 23.23 license was revoked for conviction as a juvenile ofviolatinga 23.24 violation of section 169A.20, 169A.33, or 169A.35; a violation 23.25 of a provision of sections 169A.50 to 169A.53; orrevoked for23.26conviction ofa crash-related moving violation; until the 23.27 person, following the violation, reaches the age of 18 and 23.28 satisfactorily: 23.29 (1) completes a formal course in driving instruction 23.30 approved by the commissioner of public safety; 23.31 (2) completes an additional three months' experience 23.32 operating a motor vehicle, as documented to the satisfaction of 23.33 the commissioner; 23.34 (3) completes the written examination for a driver's 23.35 license with a passing score; and 23.36 (4) complies with all other laws for reinstatement of a 24.1 provisional or regular driver's license, as applicable. 24.2 Sec. 32. Minnesota Statutes 2004, section 171.181, 24.3 subdivision 1, is amended to read: 24.4 Subdivision 1. [FOREIGN STATE CONVICTION.] (a) On revoking 24.5 or suspending the driver's license of a Minnesota resident as a 24.6 result of a foreign state conviction, the commissioner shall 24.7 notify that foreign state when the driver's license is 24.8 reinstated or a new license issued. 24.9 (b) For the purposes of this section, "foreign state" means 24.10 a state as defined in section 171.01, subdivision4647, 24.11 excluding the state of Minnesota. 24.12 Sec. 33. Minnesota Statutes 2004, section 177.23, 24.13 subdivision 7, is amended to read: 24.14 Subd. 7. [EMPLOYEE.] "Employee" means any individual 24.15 employed by an employer but does not include: 24.16 (1) two or fewer specified individuals employed at any 24.17 given time in agriculture on a farming unit or operation who are 24.18 paid a salary; 24.19 (2) any individual employed in agriculture on a farming 24.20 unit or operation who is paid a salary greater than the 24.21 individual would be paid if the individual worked 48 hours at 24.22 the state minimum wage plus 17 hours at 1-1/2 times the state 24.23 minimum wage per week; 24.24 (3) an individual under 18 who is employed in agriculture 24.25 on a farm to perform services other than corn detasseling or 24.26 hand field work when one or both of that minor hand field 24.27 worker's parents or physical custodians are also hand field 24.28 workers; 24.29 (4) for purposes of section 177.24, an individual under 18 24.30 who is employed as a corn detasseler; 24.31 (5) any staff member employed on a seasonal basis by an 24.32 organization for work in an organized resident or day camp 24.33 operating under a permit issued under section 144.72; 24.34 (6) any individual employed in a bona fide executive, 24.35 administrative, or professional capacity, or a salesperson who 24.36 conducts no more than 20 percent of sales on the premises of the 25.1 employer; 25.2 (7) any individual who renders service gratuitously for a 25.3 nonprofit organization; 25.4 (8) any individual who serves as an elected official for a 25.5 political subdivision or who serves on any governmental board, 25.6 commission, committee or other similar body, or who renders 25.7 service gratuitously for a political subdivision; 25.8 (9) any individual employed by a political subdivision to 25.9 provide police or fire protection services or employed by an 25.10 entity whose principal purpose is to provide police or fire 25.11 protection services to a political subdivision; 25.12 (10) any individual employed by a political subdivision who 25.13 is ineligible for membership in the Public Employees Retirement 25.14 Association under section 353.01, subdivision 2b, clause (1), 25.15 (2), (4), or (9); 25.16 (11) any driver employed by an employer engaged in the 25.17 business of operating taxicabs; 25.18 (12) any individual engaged in babysitting as a sole 25.19 practitioner; 25.20 (13) for the purpose of section 177.25, any individual 25.21 employed on a seasonal basis in a carnival, circus, fair, or ski 25.22 facility; 25.23 (14) any individual under 18 working less than 20 hours per 25.24 workweek for a municipality as part of a recreational program; 25.25 (15) any individual employed by the state as a natural 25.26 resource manager 1, 2, or 3 (conservation officer); 25.27 (16) any individual in a position for which the United 25.28 States Department of Transportation has power to establish 25.29 qualifications and maximum hours of service under United States 25.30 Code, title 49, section30431502; 25.31 (17) any individual employed as a seafarer. The term 25.32 "seafarer" means a master of a vessel or any person subject to 25.33 the authority, direction, and control of the master who is 25.34 exempt from federal overtime standards under United States Code, 25.35 title 29, section 213(b)(6), including but not limited to 25.36 pilots, sailors, engineers, radio operators, firefighters, 26.1 security guards, pursers, surgeons, cooks, and stewards; 26.2 (18) any individual employed by a county in a single-family 26.3 residence owned by a county home school as authorized under 26.4 section 260B.060 if the residence is an extension facility of 26.5 that county home school, and if the individual as part of the 26.6 employment duties resides at the residence for the purpose of 26.7 supervising children as defined by section 260C.007, subdivision 26.8 4; or 26.9 (19) nuns, monks, priests, lay brothers, lay sisters, 26.10 ministers, deacons, and other members of religious orders who 26.11 serve pursuant to their religious obligations in schools, 26.12 hospitals, and other nonprofit institutions operated by the 26.13 church or religious order. 26.14 Sec. 34. Minnesota Statutes 2004, section 216B.61, is 26.15 amended to read: 26.16 216B.61 [ACTIONS TO RECOVER PENALTIES.] 26.17 Actions to recover penalties underLaws 1974,this chapter 26.18429shall be brought in the name of the state of Minnesota in 26.19 the district court of Ramsey County. 26.20 Sec. 35. Minnesota Statutes 2004, section 237.763, is 26.21 amended to read: 26.22 237.763 [EXEMPTION FROM EARNINGS REGULATION AND 26.23 INVESTIGATION.] 26.24 Except as provided in the plan and any subsequent plans, a 26.25 company that has an alternative regulation plan approved under 26.26 section 237.764, is not subject to the rate-of-return regulation 26.27 or earnings investigations provisions of section 237.075 or 26.28 237.081 during the term of the plan. A company with an approved 26.29 plan is not subject to the provisions of section 237.57; 237.59; 26.30 237.60, subdivisions 1, 2, 4, and 5;237.63;or 237.65, during 26.31 the term of the plan. Except as specifically provided in this 26.32 section or in the approved plan, the commission retains all of 26.33 its authority under section 237.081 to investigate other matters 26.34 and to issue appropriate orders, and the department retains its 26.35 authority under sections 216A.07 and 237.15 to investigate 26.36 matters other than the earnings of the company. 27.1 Sec. 36. Minnesota Statutes 2004, section 238.37, is 27.2 amended to read: 27.3 238.37 [SCOPE; POLE, DUCT, AND CONDUIT AGREEMENTS.] 27.4 Sections 238.02, subdivisions 3a, 20a, and 31b, and238.3627.5 238.37 to 238.42 only apply to pole, duct, and conduit 27.6 agreements entered into or renewed between public utilities and 27.7 cable communications systems on or after January 1, 1976, and 27.8 have no application to those agreements executed before January 27.9 1, 1976, until those agreements are either renewed or 27.10 substantially renegotiated. If a public utility company and a 27.11 cable communications system enter into an agreement regarding 27.12 only pole attachments, sections 238.02, subdivisions 3a, 20a, 27.13 and 31b, and238.36238.37 to 238.42 relating to conduit systems 27.14 are applicable to that agreement and if a public utility company 27.15 and a cable communications system enter into an agreement 27.16 regarding only use of a conduit system, sections 238.02, 27.17 subdivisions 3a, 20a, and 31b, and238.36238.37 to 238.42 27.18 relating to pole attachments are not applicable to that 27.19 agreement. 27.20 Sec. 37. Minnesota Statutes 2004, section 238.38, is 27.21 amended to read: 27.22 238.38 [PERMIT TO ATTACH TO POLE OR CONDUIT SYSTEM.] 27.23 Every pole, duct, and conduit agreement must contain a 27.24 provision that before attaching to the public utility company's 27.25 poles or occupying any part of the public utility's conduit 27.26 system, the cable communications system shall apply and receive 27.27 a permit for that purpose on a form provided by the public 27.28 utility company. If the cable communications system accepts the 27.29 permit, it may attach its equipment to the poles covered by the 27.30 permit or occupy the conduit system of the public utility to the 27.31 extent authorized by the permit, subject to sections 238.02, 27.32 subdivisions 3a, 20a, and 31b, and238.36238.37 to 238.42 and 27.33 the terms of the agreement between the contracting parties. In 27.34 granting or denying a permit, the public utility has the right 27.35 to determine whether a grant of a permit would adversely affect 27.36 its public services, duties, and obligations or have an adverse 28.1 effect on the economy, safety, and future needs of the public 28.2 utility. 28.3 Sec. 38. Minnesota Statutes 2004, section 238.42, is 28.4 amended to read: 28.5 238.42 [ADDITIONAL CONTRACT TERMS.] 28.6 Nothing contained in sections 238.02, subdivisions 3a, 20a, 28.7 and 31b, and238.36238.37 to 238.42 in any way prohibits a 28.8 public utility company from including in its pole, duct, and 28.9 conduit agreements with cable communications systems additional 28.10 terms which do not conflict with sections 238.02, subdivisions 28.11 3a, 20a, and 31b, and238.36238.37 to 238.42. 28.12 Sec. 39. Minnesota Statutes 2004, section 239.791, 28.13 subdivision 15, is amended to read: 28.14 Subd. 15. [EXEMPTION FOR CERTAIN BLEND PUMPS.] A person 28.15 responsible for the product, who offers for sale, sells, or 28.16 dispenses nonoxygenated premium gasoline under one or more of 28.17 the exemptions in subdivisions 10 to 14, may sell, offer for 28.18 sale, or dispense oxygenated gasoline that contains less than 28.19 the minimum amount of ethanol required under subdivision 1 if 28.20 all of the following conditions are met: 28.21 (1) the blended gasoline has an octane rating of 88 or 28.22 greater; 28.23 (2) the gasoline is a blend of oxygenated gasoline meeting 28.24 the requirements of subdivision 1 with nonoxygenated premium 28.25 gasoline; 28.26 (3) the blended gasoline contains not more than ten percent 28.27 nonoxygenated premium gasoline; 28.28 (4) the blending of oxygenated gasoline with nonoxygenated 28.29 gasoline occurs within the gasoline dispenser; and 28.30 (5) the gasoline station at which the gasoline is sold, 28.31 offered for sale, or delivered is equipped to store gasoline in 28.32 not more than two storage tanks. 28.33 This subdivision applies only to those persons whomeetmet 28.34 the conditions in clauses (1) through (5) onthe effective date28.35of this actAugust 1, 2004, andhaveregistered with the 28.36 directorwithin three months of the effective date of this29.1actby November 1, 2004. 29.2 Sec. 40. Minnesota Statutes 2004, section 244.05, 29.3 subdivision 4, is amended to read: 29.4 Subd. 4. [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 29.5 serving a mandatory life sentence under section 609.106 must not 29.6 be given supervised release under this section. An inmate 29.7 serving a mandatory life sentence under section 609.185, clause 29.8 (1), (3), (5), or (6); or 609.109, subdivision2a3, must not be 29.9 given supervised release under this section without having 29.10 served a minimum term of 30 years. An inmate serving a 29.11 mandatory life sentence under section 609.385 must not be given 29.12 supervised release under this section without having served a 29.13 minimum term of imprisonment of 17 years. 29.14 Sec. 41. Minnesota Statutes 2004, section 244.05, 29.15 subdivision 5, is amended to read: 29.16 Subd. 5. [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 29.17 commissioner of corrections may, under rules promulgated by the 29.18 commissioner, give supervised release to an inmate serving a 29.19 mandatory life sentence under section 609.185, clause (1), (3), 29.20 (5), or (6); 609.109, subdivision2a3; or 609.385 after the 29.21 inmate has served the minimum term of imprisonment specified in 29.22 subdivision 4. 29.23 (b) The commissioner shall require the preparation of a 29.24 community investigation report and shall consider the findings 29.25 of the report when making a supervised release decision under 29.26 this subdivision. The report shall reflect the sentiment of the 29.27 various elements of the community toward the inmate, both at the 29.28 time of the offense and at the present time. The report shall 29.29 include the views of the sentencing judge, the prosecutor, any 29.30 law enforcement personnel who may have been involved in the 29.31 case, and any successors to these individuals who may have 29.32 information relevant to the supervised release decision. The 29.33 report shall also include the views of the victim and the 29.34 victim's family unless the victim or the victim's family chooses 29.35 not to participate. 29.36 (c) The commissioner shall make reasonable efforts to 30.1 notify the victim, in advance, of the time and place of the 30.2 inmate's supervised release review hearing. The victim has a 30.3 right to submit an oral or written statement at the review 30.4 hearing. The statement may summarize the harm suffered by the 30.5 victim as a result of the crime and give the victim's 30.6 recommendation on whether the inmate should be given supervised 30.7 release at this time. The commissioner must consider the 30.8 victim's statement when making the supervised release decision. 30.9 (d) As used in this subdivision, "victim" means the 30.10 individual who suffered harm as a result of the inmate's crime 30.11 or, if the individual is deceased, the deceased's surviving 30.12 spouse or next of kin. 30.13 Sec. 42. Minnesota Statutes 2004, section 245.466, 30.14 subdivision 1, is amended to read: 30.15 Subdivision 1. [DEVELOPMENT OF SERVICES.] The county board 30.16 in each county is responsible for using all available resources 30.17 to develop and coordinate a system of locally available and 30.18 affordable adult mental health services. The county board may 30.19 provide some or all of the mental health services and activities 30.20 specified in subdivision 2 directly through a county agency or 30.21 under contracts with other individuals or agencies. A county or 30.22 counties may enter into an agreement with a regional treatment 30.23 center under section 246.57 or with any state facility or 30.24 program as defined in section 246.50, subdivision 3, to enable 30.25 the county or counties to provide the treatment services in 30.26 subdivision 2. Services provided through an agreement between a 30.27 county and a regional treatment center must meet the same 30.28 requirements as services from other service providers.County30.29boards shall demonstrate their continuous progress toward full30.30implementation of sections 245.461 to 245.486 during the period30.31July 1, 1987, to January 1, 1990. County boards must develop30.32fully each of the treatment services and management activities30.33prescribed by sections 245.461 to 245.486 by January 1, 1990,30.34according to the priorities established in section 245.464 and30.35the adult mental health component of the community social30.36services plan approved by the commissioner.31.1 Sec. 43. Minnesota Statutes 2004, section 245.4875, 31.2 subdivision 1, is amended to read: 31.3 Subdivision 1. [DEVELOPMENT OF CHILDREN'S SERVICES.] The 31.4 county board in each county is responsible for using all 31.5 available resources to develop and coordinate a system of 31.6 locally available and affordable children's mental health 31.7 services. The county board may provide some or all of the 31.8 children's mental health services and activities specified in 31.9 subdivision 2 directly through a county agency or under 31.10 contracts with other individuals or agencies. A county or 31.11 counties may enter into an agreement with a regional treatment 31.12 center under section 246.57 to enable the county or counties to 31.13 provide the treatment services in subdivision 2. Services 31.14 provided through an agreement between a county and a regional 31.15 treatment center must meet the same requirements as services 31.16 from other service providers.County boards shall demonstrate31.17their continuous progress toward fully implementing sections31.18245.487 to 245.4887 during the period July 1, 1989, to January31.191, 1992. County boards must develop fully each of the treatment31.20services prescribed by sections 245.487 to 245.4887 by January31.211, 1992, according to the priorities established in section31.22245.4873 and the children's mental health component of the31.23community social services plan approved by the commissioner31.24under section 245.4887.31.25 Sec. 44. Minnesota Statutes 2004, section 245.75, is 31.26 amended to read: 31.27 245.75 [FEDERAL GRANTS FOR THE WELFARE AND RELIEF OF 31.28 MINNESOTA INDIANS.] 31.29 The commissioner of human services is authorized to enter 31.30 into contracts with the Department of Health, Education, Welfare 31.31 and the Department of Interior, Bureau of Indian Affairs, for 31.32 the purpose of receiving federal grants for the welfare and 31.33 relief of Minnesota Indians.Such contract and the plan of31.34distribution of such funds shall be subject to approval of the31.35Minnesota Public Relief Advisory Committee.31.36 Sec. 45. Minnesota Statutes 2004, section 246B.04, 32.1 subdivision 2, is amended to read: 32.2 Subd. 2. [BAN ON OBSCENE MATERIAL OR PORNOGRAPHIC WORK.] 32.3 The commissioner shall prohibit persons civilly committed as 32.4 sexual psychopathic personalities or sexually dangerous persons 32.5 undersections 246.43 andsection 253B.185 from having or 32.6 receiving material that is obscene as defined under section 32.7 617.241, subdivision 1, material that depicts sexual conduct as 32.8 defined under section 617.241, subdivision 1, or pornographic 32.9 work as defined under section 617.246, subdivision 1, while 32.10 receiving services in any secure treatment facilities operated 32.11 by the Minnesota sex offender program or any other facilities 32.12 operated by the commissioner. 32.13 Sec. 46. Minnesota Statutes 2004, section 252.24, 32.14 subdivision 5, is amended to read: 32.15 Subd. 5. [DEVELOPMENTAL ACHIEVEMENT CENTERS: SALARY 32.16 ADJUSTMENT PER DIEM.] The commissioner shall approve a two 32.17 percent increase in the payment rates for day training and 32.18 habilitation services vendors effective July 1, 1991. All 32.19 revenue generated shall be used by vendors to increase salaries, 32.20 fringe benefits, and payroll taxes by at least three percent for 32.21 personnel below top management. County boards shall amend 32.22 contracts with vendors to require that all revenue generated by 32.23 this provision is expended on salary increases to staff below 32.24 top management. County boards shall verify in writing to the 32.25 commissioner that each vendor has complied with this 32.26 requirement. If a county board determines that a vendor has not 32.27 complied with this requirement for a specific contract period, 32.28 the county board shall reduce the vendor's payment rates for the 32.29 next contract period to reflect the amount of money not spent 32.30 appropriately. The commissioner shall modify reporting 32.31 requirements for vendors and counties as necessary to monitor 32.32 compliance with this provision. 32.33Each county agency shall report to the commissioner by July32.3430, 1991, its actual social service day training and32.35habilitation expenditures for calendar year 1990. The32.36commissioner shall allocate the day habilitation service CSSA33.1appropriation made available for this purpose to county agencies33.2in proportion to these expenditures.33.3 Sec. 47. Minnesota Statutes 2004, section 256B.055, 33.4 subdivision 12, is amended to read: 33.5 Subd. 12. [DISABLED CHILDREN.] (a) A person is eligible 33.6 for medical assistance if the person is under age 19 and 33.7 qualifies as a disabled individual under United States Code, 33.8 title 42, section 1382c(a), and would be eligible for medical 33.9 assistance under the state plan if residing in a medical 33.10 institution, and the child requires a level of care provided in 33.11 a hospital, nursing facility, or intermediate care facility for 33.12 persons with mental retardation or related conditions, for whom 33.13 home care is appropriate, provided that the cost to medical 33.14 assistance under this section is not more than the amount that 33.15 medical assistance would pay for if the child resides in an 33.16 institution. After the child is determined to be eligible under 33.17 this section, the commissioner shall review the child's 33.18 disability under United States Code, title 42, section 1382c(a) 33.19 and level of care defined under this section no more often than 33.20 annually and may elect, based on the recommendation of health 33.21 care professionals under contract with the state medical review 33.22 team, to extend the review of disability and level of care up to 33.23 a maximum of four years. The commissioner's decision on the 33.24 frequency of continuing review of disability and level of care 33.25 is not subject to administrative appeal under section 256.045. 33.26 Nothing in this subdivision shall be construed as affecting 33.27 other redeterminations of medical assistance eligibility under 33.28 this chapter and annual cost-effective reviews under this 33.29 section. 33.30 (b) For purposes of this subdivision, "hospital" means an 33.31 institution as defined in section 144.696, subdivision 3, 33.32 144.55, subdivision 3, or Minnesota Rules, part 4640.3600, and 33.33 licensed pursuant to sections 144.50 to 144.58. For purposes of 33.34 this subdivision, a child requires a level of care provided in a 33.35 hospital if the child is determined by the commissioner to need 33.36 an extensive array of health services, including mental health 34.1 services, for an undetermined period of time, whose health 34.2 condition requires frequent monitoring and treatment by a health 34.3 care professional or by a person supervised by a health care 34.4 professional, who would reside in a hospital or require frequent 34.5 hospitalization if these services were not provided, and the 34.6 daily care needs are more complex than a nursing facility level 34.7 of care. 34.8 A child with serious emotional disturbance requires a level 34.9 of care provided in a hospital if the commissioner determines 34.10 that the individual requires 24-hour supervision because the 34.11 person exhibits recurrent or frequent suicidal or homicidal 34.12 ideation or behavior, recurrent or frequent psychosomatic 34.13 disorders or somatopsychic disorders that may become life 34.14 threatening, recurrent or frequent severe socially unacceptable 34.15 behavior associated with psychiatric disorder, ongoing and 34.16 chronic psychosis or severe, ongoing and chronic developmental 34.17 problems requiring continuous skilled observation, or severe 34.18 disabling symptoms for which office-centered outpatient 34.19 treatment is not adequate, and which overall severely impact the 34.20 individual's ability to function. 34.21 (c) For purposes of this subdivision, "nursing facility" 34.22 means a facility which provides nursing care as defined in 34.23 section 144A.01, subdivision 5, licensed pursuant to sections 34.24 144A.02 to 144A.10, which is appropriate if a person is in 34.25 active restorative treatment; is in need of special treatments 34.26 provided or supervised by a licensed nurse; or has unpredictable 34.27 episodes of active disease processes requiring immediate 34.28 judgment by a licensed nurse. For purposes of this subdivision, 34.29 a child requires the level of care provided in a nursing 34.30 facility if the child is determined by the commissioner to meet 34.31 the requirements of the preadmission screening assessment 34.32 document under section 256B.0911 and the home care independent 34.33 rating document under section 256B.0627, subdivision 5, 34.34 paragraph(f)(e), clause (2), item (iii), adjusted to address 34.35 age-appropriate standards for children age 18 and under, 34.36 pursuant to section 256B.0627, subdivision 5, paragraph (d), 35.1 clause (2). 35.2 (d) For purposes of this subdivision, "intermediate care 35.3 facility for persons with mental retardation or related 35.4 conditions" or "ICF/MR" means a program licensed to provide 35.5 services to persons with mental retardation under section 35.6 252.28, and chapter 245A, and a physical plant licensed as a 35.7 supervised living facility under chapter 144, which together are 35.8 certified by the Minnesota Department of Health as meeting the 35.9 standards in Code of Federal Regulations, title 42, part 483, 35.10 for an intermediate care facility which provides services for 35.11 persons with mental retardation or persons with related 35.12 conditions who require 24-hour supervision and active treatment 35.13 for medical, behavioral, or habilitation needs. For purposes of 35.14 this subdivision, a child requires a level of care provided in 35.15 an ICF/MR if the commissioner finds that the child has mental 35.16 retardation or a related condition in accordance with section 35.17 256B.092, is in need of a 24-hour plan of care and active 35.18 treatment similar to persons with mental retardation, and there 35.19 is a reasonable indication that the child will need ICF/MR 35.20 services. 35.21 (e) For purposes of this subdivision, a person requires the 35.22 level of care provided in a nursing facility if the person 35.23 requires 24-hour monitoring or supervision and a plan of mental 35.24 health treatment because of specific symptoms or functional 35.25 impairments associated with a serious mental illness or disorder 35.26 diagnosis, which meet severity criteria for mental health 35.27 established by the commissioner and published in March 1997 as 35.28 the Minnesota Mental Health Level of Care for Children and 35.29 Adolescents with Severe Emotional Disorders. 35.30 (f) The determination of the level of care needed by the 35.31 child shall be made by the commissioner based on information 35.32 supplied to the commissioner by the parent or guardian, the 35.33 child's physician or physicians, and other professionals as 35.34 requested by the commissioner. The commissioner shall establish 35.35 a screening team to conduct the level of care determinations 35.36 according to this subdivision. 36.1 (g) If a child meets the conditions in paragraph (b), (c), 36.2 (d), or (e), the commissioner must assess the case to determine 36.3 whether: 36.4 (1) the child qualifies as a disabled individual under 36.5 United States Code, title 42, section 1382c(a), and would be 36.6 eligible for medical assistance if residing in a medical 36.7 institution; and 36.8 (2) the cost of medical assistance services for the child, 36.9 if eligible under this subdivision, would not be more than the 36.10 cost to medical assistance if the child resides in a medical 36.11 institution to be determined as follows: 36.12 (i) for a child who requires a level of care provided in an 36.13 ICF/MR, the cost of care for the child in an institution shall 36.14 be determined using the average payment rate established for the 36.15 regional treatment centers that are certified as ICFs/MR; 36.16 (ii) for a child who requires a level of care provided in 36.17 an inpatient hospital setting according to paragraph (b), 36.18 cost-effectiveness shall be determined according to Minnesota 36.19 Rules, part 9505.3520, items F and G; and 36.20 (iii) for a child who requires a level of care provided in 36.21 a nursing facility according to paragraph (c) or (e), 36.22 cost-effectiveness shall be determined according to Minnesota 36.23 Rules, part 9505.3040, except that the nursing facility average 36.24 rate shall be adjusted to reflect rates which would be paid for 36.25 children under age 16. The commissioner may authorize an amount 36.26 up to the amount medical assistance would pay for a child 36.27 referred to the commissioner by the preadmission screening team 36.28 under section 256B.0911. 36.29 (h) Children eligible for medical assistance services under 36.30 section 256B.055, subdivision 12, as of June 30, 1995, must be 36.31 screened according to the criteria in this subdivision prior to 36.32 January 1, 1996. Children found to be ineligible may not be 36.33 removed from the program until January 1, 1996. 36.34 Sec. 48. Minnesota Statutes 2004, section 256B.0625, 36.35 subdivision 6a, is amended to read: 36.36 Subd. 6a. [HOME HEALTH SERVICES.] Home health services are 37.1 those services specified in Minnesota Rules, part 37.29505.02909505.0295. Medical assistance covers home health 37.3 services at a recipient's home residence. Medical assistance 37.4 does not cover home health services for residents of a hospital, 37.5 nursing facility, or intermediate care facility, unless the 37.6 commissioner of human services has prior authorized skilled 37.7 nurse visits for less than 90 days for a resident at an 37.8 intermediate care facility for persons with mental retardation, 37.9 to prevent an admission to a hospital or nursing facility or 37.10 unless a resident who is otherwise eligible is on leave from the 37.11 facility and the facility either pays for the home health 37.12 services or forgoes the facility per diem for the leave days 37.13 that home health services are used. Home health services must 37.14 be provided by a Medicare certified home health agency. All 37.15 nursing and home health aide services must be provided according 37.16 to section 256B.0627. 37.17 Sec. 49. Minnesota Statutes 2004, section 256B.0627, 37.18 subdivision 1, is amended to read: 37.19 Subdivision 1. [DEFINITION.] (a) "Activities of daily 37.20 living" includes eating, toileting, grooming, dressing, bathing, 37.21 transferring, mobility, and positioning. 37.22 (b) "Assessment" means a review and evaluation of a 37.23 recipient's need for home care services conducted in person. 37.24 Assessments for private duty nursing shall be conducted by a 37.25 registered private duty nurse. Assessments for home health 37.26 agency services shall be conducted by a home health agency 37.27 nurse. Assessments for personal care assistant services shall 37.28 be conducted by the county public health nurse or a certified 37.29 public health nurse under contract with the county. A 37.30 face-to-face assessment must include: documentation of health 37.31 status, determination of need, evaluation of service 37.32 effectiveness, identification of appropriate services, service 37.33 plan development or modification, coordination of services, 37.34 referrals and follow-up to appropriate payers and community 37.35 resources, completion of required reports, recommendation of 37.36 service authorization, and consumer education. Once the need 38.1 for personal care assistant services is determined under this 38.2 section, the county public health nurse or certified public 38.3 health nurse under contract with the county is responsible for 38.4 communicating this recommendation to the commissioner and the 38.5 recipient. A face-to-face assessment for personal care 38.6 assistant services is conducted on those recipients who have 38.7 never had a county public health nurse assessment. A 38.8 face-to-face assessment must occur at least annually or when 38.9 there is a significant change in the recipient's condition or 38.10 when there is a change in the need for personal care assistant 38.11 services. A service update may substitute for the annual 38.12 face-to-face assessment when there is not a significant change 38.13 in recipient condition or a change in the need for personal care 38.14 assistant service. A service update or review for temporary 38.15 increase includes a review of initial baseline data, evaluation 38.16 of service effectiveness, redetermination of service need, 38.17 modification of service plan and appropriate referrals, update 38.18 of initial forms, obtaining service authorization, and on going 38.19 consumer education. Assessments for medical assistance home 38.20 care services for mental retardation or related conditions and 38.21 alternative care services for developmentally disabled home and 38.22 community-based waivered recipients may be conducted by the 38.23 county public health nurse to ensure coordination and avoid 38.24 duplication. Assessments must be completed on forms provided by 38.25 the commissioner within 30 days of a request for home care 38.26 services by a recipient or responsible party. 38.27 (c) "Care plan" means a written description of personal 38.28 care assistant services developed by the qualified professional 38.29 or the recipient's physician with the recipient or responsible 38.30 party to be used by the personal care assistant with a copy 38.31 provided to the recipient or responsible party. 38.32 (d) "Complex and regular private duty nursing care" means: 38.33 (1) complex care is private duty nursing provided to 38.34 recipients who are ventilator dependent or for whom a physician 38.35 has certified that were it not for private duty nursing the 38.36 recipient would meet the criteria for inpatient hospital 39.1 intensive care unit (ICU) level of care; and 39.2 (2) regular care is private duty nursing provided to all 39.3 other recipients. 39.4 (e) "Health-related functions" means functions that can be 39.5 delegated or assigned by a licensed health care professional 39.6 under state law to be performed by a personal care 39.7attendantassistant. 39.8 (f) "Home care services" means a health service, determined 39.9 by the commissioner as medically necessary, that is ordered by a 39.10 physician and documented in a service plan that is reviewed by 39.11 the physician at least once every 60 days for the provision of 39.12 home health services, or private duty nursing, or at least once 39.13 every 365 days for personal care. Home care services are 39.14 provided to the recipient at the recipient's residence that is a 39.15 place other than a hospital or long-term care facility or as 39.16 specified in section 256B.0625. 39.17 (g) "Instrumental activities of daily living" includes meal 39.18 planning and preparation, managing finances, shopping for food, 39.19 clothing, and other essential items, performing essential 39.20 household chores, communication by telephone and other media, 39.21 and getting around and participating in the community. 39.22 (h) "Medically necessary" has the meaning given in 39.23 Minnesota Rules, parts 9505.0170 to 9505.0475. 39.24 (i) "Personal care assistant" means a person who: 39.25 (1) is at least 18 years old, except for persons 16 to 18 39.26 years of age who participated in a related school-based job 39.27 training program or have completed a certified home health aide 39.28 competency evaluation; 39.29 (2) is able to effectively communicate with the recipient 39.30 and personal care provider organization; 39.31 (3) effective July 1, 1996, has completed one of the 39.32 training requirements as specified in Minnesota Rules, part 39.33 9505.0335, subpart 3, items A to D; 39.34 (4) has the ability to, and provides covered personal care 39.35 assistant services according to the recipient's care plan, 39.36 responds appropriately to recipient needs, and reports changes 40.1 in the recipient's condition to the supervising qualified 40.2 professional or physician; 40.3 (5) is not a consumer of personal care assistant services; 40.4 and 40.5 (6) is subject to criminal background checks and procedures 40.6 specified in chapter 245C. 40.7 (j) "Personal care provider organization" means an 40.8 organization enrolled to provide personal care assistant 40.9 services under the medical assistance program that complies with 40.10 the following: (1) owners who have a five percent interest or 40.11 more, and managerial officials are subject to a background study 40.12 as provided in chapter 245C. This applies to currently enrolled 40.13 personal care provider organizations and those agencies seeking 40.14 enrollment as a personal care provider organization. An 40.15 organization will be barred from enrollment if an owner or 40.16 managerial official of the organization has been convicted of a 40.17 crime specified in chapter 245C, or a comparable crime in 40.18 another jurisdiction, unless the owner or managerial official 40.19 meets the reconsideration criteria specified in chapter 245C; 40.20 (2) the organization must maintain a surety bond and liability 40.21 insurance throughout the duration of enrollment and provides 40.22 proof thereof. The insurer must notify the Department of Human 40.23 Services of the cancellation or lapse of policy; and (3) the 40.24 organization must maintain documentation of services as 40.25 specified in Minnesota Rules, part 9505.2175, subpart 7, as well 40.26 as evidence of compliance with personal care assistant training 40.27 requirements. 40.28 (k) "Responsible party" means an individual who is capable 40.29 of providing the support necessary to assist the recipient to 40.30 live in the community, is at least 18 years old, actively 40.31 participates in planning and directing of personal care 40.32 assistant services, and is not the personal care assistant. The 40.33 responsible party must be accessible to the recipient and the 40.34 personal care assistant when personal care services are being 40.35 provided and monitor the services at least weekly according to 40.36 the plan of care. The responsible party must be identified at 41.1 the time of assessment and listed on the recipient's service 41.2 agreement and care plan. Responsible parties may delegate the 41.3 responsibility to another adult who is not the personal care 41.4 assistant. The responsible party must assure that the delegate 41.5 performs the functions of the responsible party, is identified 41.6 at the time of the assessment, and is listed on the service 41.7 agreement and the care plan. Foster care license holders may be 41.8 designated the responsible party for residents of the foster 41.9 care home if case management is provided as required in section 41.10 256B.0625, subdivision 19a. For persons who, as of April 1, 41.11 1992, are sharing personal care assistant services in order to 41.12 obtain the availability of 24-hour coverage, an employee of the 41.13 personal care provider organization may be designated as the 41.14 responsible party if case management is provided as required in 41.15 section 256B.0625, subdivision 19a. 41.16 (l) "Service plan" means a written description of the 41.17 services needed based on the assessment developed by the nurse 41.18 who conducts the assessment together with the recipient or 41.19 responsible party. The service plan shall include a description 41.20 of the covered home care services, frequency and duration of 41.21 services, and expected outcomes and goals. The recipient and 41.22 the provider chosen by the recipient or responsible party must 41.23 be given a copy of the completed service plan within 30 calendar 41.24 days of the request for home care services by the recipient or 41.25 responsible party. 41.26 (m) "Skilled nurse visits" are provided in a recipient's 41.27 residence under a plan of care or service plan that specifies a 41.28 level of care which the nurse is qualified to provide. These 41.29 services are: 41.30 (1) nursing services according to the written plan of care 41.31 or service plan and accepted standards of medical and nursing 41.32 practice in accordance with chapter 148; 41.33 (2) services which due to the recipient's medical condition 41.34 may only be safely and effectively provided by a registered 41.35 nurse or a licensed practical nurse; 41.36 (3) assessments performed only by a registered nurse; and 42.1 (4) teaching and training the recipient, the recipient's 42.2 family, or other caregivers requiring the skills of a registered 42.3 nurse or licensed practical nurse. 42.4 (n) "Telehomecare" means the use of telecommunications 42.5 technology by a home health care professional to deliver home 42.6 health care services, within the professional's scope of 42.7 practice, to a patient located at a site other than the site 42.8 where the practitioner is located. 42.9 Sec. 50. Minnesota Statutes 2004, section 256B.0627, 42.10 subdivision 5, is amended to read: 42.11 Subd. 5. [LIMITATION ON PAYMENTS.] Medical assistance 42.12 payments for home care services shall be limited according to 42.13 this subdivision. 42.14 (a) [LIMITS ON SERVICES WITHOUT PRIOR AUTHORIZATION.] A 42.15 recipient may receive the following home care services during a 42.16 calendar year: 42.17 (1) up to two face-to-face assessments to determine a 42.18 recipient's need for personal care assistant services; 42.19 (2) one service update done to determine a recipient's need 42.20 for personal care assistant services; and 42.21 (3) up to nine skilled nurse visits. 42.22 (b) [PRIOR AUTHORIZATION; EXCEPTIONS.] All home care 42.23 services above the limits in paragraph (a) must receive the 42.24 commissioner's prior authorization, except when: 42.25 (1) the home care services were required to treat an 42.26 emergency medical condition that if not immediately treated 42.27 could cause a recipient serious physical or mental disability, 42.28 continuation of severe pain, or death. The provider must 42.29 request retroactive authorization no later than five working 42.30 days after giving the initial service. The provider must be 42.31 able to substantiate the emergency by documentation such as 42.32 reports, notes, and admission or discharge histories; 42.33 (2) the home care services were provided on or after the 42.34 date on which the recipient's eligibility began, but before the 42.35 date on which the recipient was notified that the case was 42.36 opened. Authorization will be considered if the request is 43.1 submitted by the provider within 20 working days of the date the 43.2 recipient was notified that the case was opened; 43.3 (3) a third-party payor for home care services has denied 43.4 or adjusted a payment. Authorization requests must be submitted 43.5 by the provider within 20 working days of the notice of denial 43.6 or adjustment. A copy of the notice must be included with the 43.7 request; 43.8 (4) the commissioner has determined that a county or state 43.9 human services agency has made an error; or 43.10 (5) the professional nurse determines an immediate need for 43.11 up to 40 skilled nursing or home health aide visits per calendar 43.12 year and submits a request for authorization within 20 working 43.13 days of the initial service date, and medical assistance is 43.14 determined to be the appropriate payer. 43.15 (c) [RETROACTIVE AUTHORIZATION.] A request for retroactive 43.16 authorization will be evaluated according to the same criteria 43.17 applied to prior authorization requests. 43.18 (d) [ASSESSMENT AND SERVICE PLAN.] Assessments under 43.19 section 256B.0627, subdivision 1, paragraph(a)(b), shall be 43.20 conducted initially, and at least annually thereafter, in person 43.21 with the recipient and result in a completed service plan using 43.22 forms specified by the commissioner. Within 30 days of 43.23 recipient or responsible party request for home care services, 43.24 the assessment, the service plan, and other information 43.25 necessary to determine medical necessity such as diagnostic or 43.26 testing information, social or medical histories, and hospital 43.27 or facility discharge summaries shall be submitted to the 43.28 commissioner. Notwithstanding the provisions of section 43.29 256B.0627, subdivision 12, the commissioner shall maximize 43.30 federal financial participation to pay for public health nurse 43.31 assessments for personal care services. For personal care 43.32 assistant services: 43.33 (1) The amount and type of service authorized based upon 43.34 the assessment and service plan will follow the recipient if the 43.35 recipient chooses to change providers. 43.36 (2) If the recipient's medical need changes, the 44.1 recipient's provider may assess the need for a change in service 44.2 authorization and request the change from the county public 44.3 health nurse. Within 30 days of the request, the public health 44.4 nurse will determine whether to request the change in services 44.5 based upon the provider assessment, or conduct a home visit to 44.6 assess the need and determine whether the change is appropriate. 44.7 (3) To continue to receive personal care assistant services 44.8 after the first year, the recipient or the responsible party, in 44.9 conjunction with the public health nurse, may complete a service 44.10 update on forms developed by the commissioner according to 44.11 criteria and procedures in subdivision 1. 44.12 (e) [PRIOR AUTHORIZATION.] The commissioner, or the 44.13 commissioner's designee, shall review the assessment, service 44.14 update, request for temporary services, service plan, and any 44.15 additional information that is submitted. The commissioner 44.16 shall, within 30 days after receiving a complete request, 44.17 assessment, and service plan, authorize home care services as 44.18 follows: 44.19 (1) [HOME HEALTH SERVICES.] All home health services 44.20 provided by a home health aide must be prior authorized by the 44.21 commissioner or the commissioner's designee. Prior 44.22 authorization must be based on medical necessity and 44.23 cost-effectiveness when compared with other care options. When 44.24 home health services are used in combination with personal care 44.25 and private duty nursing, the cost of all home care services 44.26 shall be considered for cost-effectiveness. The commissioner 44.27 shall limit home health aide visits to no more than one visit 44.28 each per day. The commissioner, or the commissioner's designee, 44.29 may authorize up to two skilled nurse visits per day. 44.30 (2) [PERSONAL CARE ASSISTANT SERVICES.] (i) All personal 44.31 care assistant services and supervision by a qualified 44.32 professional, if requested by the recipient, must be prior 44.33 authorized by the commissioner or the commissioner's designee 44.34 except for the assessments established in paragraph (a). The 44.35 amount of personal care assistant services authorized must be 44.36 based on the recipient's home care rating. A child may not be 45.1 found to be dependent in an activity of daily living if because 45.2 of the child's age an adult would either perform the activity 45.3 for the child or assist the child with the activity and the 45.4 amount of assistance needed is similar to the assistance 45.5 appropriate for a typical child of the same age. Based on 45.6 medical necessity, the commissioner may authorize: 45.7 (A) up to two times the average number of direct care hours 45.8 provided in nursing facilities for the recipient's comparable 45.9 case mix level; or 45.10 (B) up to three times the average number of direct care 45.11 hours provided in nursing facilities for recipients who have 45.12 complex medical needs or are dependent in at least seven 45.13 activities of daily living and need physical assistance with 45.14 eating or have a neurological diagnosis; or 45.15 (C) up to 60 percent of the average reimbursement rate, as 45.16 of July 1, 1991, for care provided in a regional treatment 45.17 center for recipients who have Level I behavior, plus any 45.18 inflation adjustment as provided by the legislature for personal 45.19 care service; or 45.20 (D) up to the amount the commissioner would pay, as of July 45.21 1, 1991, plus any inflation adjustment provided for home care 45.22 services, for care provided in a regional treatment center for 45.23 recipients referred to the commissioner by a regional treatment 45.24 center preadmission evaluation team. For purposes of this 45.25 clause, home care services means all services provided in the 45.26 home or community that would be included in the payment to a 45.27 regional treatment center; or 45.28 (E) up to the amount medical assistance would reimburse for 45.29 facility care for recipients referred to the commissioner by a 45.30 preadmission screening team established under section 256B.0911 45.31 or 256B.092; and 45.32 (F) a reasonable amount of time for the provision of 45.33 supervision by a qualified professional of personal care 45.34 assistant services, if a qualified professional is requested by 45.35 the recipient or responsible party. 45.36 (ii) The number of direct care hours shall be determined 46.1 according to the annual cost report submitted to the department 46.2 by nursing facilities. The average number of direct care hours, 46.3 as established by May 1, 1992, shall be calculated and 46.4 incorporated into the home care limits on July 1, 1992. These 46.5 limits shall be calculated to the nearest quarter hour. 46.6 (iii) The home care rating shall be determined by the 46.7 commissioner or the commissioner's designee based on information 46.8 submitted to the commissioner by the county public health nurse 46.9 on forms specified by the commissioner. The home care rating 46.10 shall be a combination of current assessment tools developed 46.11 under sections 256B.0911 and 256B.501 with an addition for 46.12 seizure activity that will assess the frequency and severity of 46.13 seizure activity and with adjustments, additions, and 46.14 clarifications that are necessary to reflect the needs and 46.15 conditions of recipients who need home care including children 46.16 and adults under 65 years of age. The commissioner shall 46.17 establish these forms and protocols under this section and shall 46.18 use an advisory group, including representatives of recipients, 46.19 providers, and counties, for consultation in establishing and 46.20 revising the forms and protocols. 46.21 (iv) A recipient shall qualify as having complex medical 46.22 needs if the care required is difficult to perform and because 46.23 of recipient's medical condition requires more time than 46.24 community-based standards allow or requires more skill than 46.25 would ordinarily be required and the recipient needs or has one 46.26 or more of the following: 46.27 (A) daily tube feedings; 46.28 (B) daily parenteral therapy; 46.29 (C) wound or decubiti care; 46.30 (D) postural drainage, percussion, nebulizer treatments, 46.31 suctioning, tracheotomy care, oxygen, mechanical ventilation; 46.32 (E) catheterization; 46.33 (F) ostomy care; 46.34 (G) quadriplegia; or 46.35 (H) other comparable medical conditions or treatments the 46.36 commissioner determines would otherwise require institutional 47.1 care. 47.2 (v) A recipient shall qualify as having Level I behavior if 47.3 there is reasonable supporting evidence that the recipient 47.4 exhibits, or that without supervision, observation, or 47.5 redirection would exhibit, one or more of the following 47.6 behaviors that cause, or have the potential to cause: 47.7 (A) injury to the recipient's own body; 47.8 (B) physical injury to other people; or 47.9 (C) destruction of property. 47.10 (vi) Time authorized for personal care relating to Level I 47.11 behavior in subclause (v), items (A) to (C), shall be based on 47.12 the predictability, frequency, and amount of intervention 47.13 required. 47.14 (vii) A recipient shall qualify as having Level II behavior 47.15 if the recipient exhibits on a daily basis one or more of the 47.16 following behaviors that interfere with the completion of 47.17 personal care assistant services under subdivision 4, paragraph 47.18 (a): 47.19 (A) unusual or repetitive habits; 47.20 (B) withdrawn behavior; or 47.21 (C) offensive behavior. 47.22 (viii) A recipient with a home care rating of Level II 47.23 behavior in subclause (vii), items (A) to (C), shall be rated as 47.24 comparable to a recipient with complex medical needs under 47.25 subclause (iv). If a recipient has both complex medical needs 47.26 and Level II behavior, the home care rating shall be the next 47.27 complex category up to the maximum rating under subclause (i), 47.28 item (B). 47.29 (3) [PRIVATE DUTY NURSING SERVICES.] All private duty 47.30 nursing services shall be prior authorized by the commissioner 47.31 or the commissioner's designee. Prior authorization for private 47.32 duty nursing services shall be based on medical necessity and 47.33 cost-effectiveness when compared with alternative care options. 47.34 The commissioner may authorize medically necessary private duty 47.35 nursing services in quarter-hour units when: 47.36 (i) the recipient requires more individual and continuous 48.1 care than can be provided during a nurse visit; or 48.2 (ii) the cares are outside of the scope of services that 48.3 can be provided by a home health aide or personal care assistant. 48.4 The commissioner may authorize: 48.5 (A) up to two times the average amount of direct care hours 48.6 provided in nursing facilities statewide for case mix 48.7 classification "K" as established by the annual cost report 48.8 submitted to the department by nursing facilities in May 1992; 48.9 (B) private duty nursing in combination with other home 48.10 care services up to the total cost allowed under clause (2); 48.11 (C) up to 16 hours per day if the recipient requires more 48.12 nursing than the maximum number of direct care hours as 48.13 established in item (A) and the recipient meets the hospital 48.14 admission criteria established under Minnesota Rules, parts 48.15 9505.0501 to 9505.0540. 48.16 The commissioner may authorize up to 16 hours per day of 48.17 medically necessary private duty nursing services or up to 24 48.18 hours per day of medically necessary private duty nursing 48.19 services until such time as the commissioner is able to make a 48.20 determination of eligibility for recipients who are 48.21 cooperatively applying for home care services under the 48.22 community alternative care program developed under section 48.23 256B.49, or until it is determined by the appropriate regulatory 48.24 agency that a health benefit plan is or is not required to pay 48.25 for appropriate medically necessary health care services. 48.26 Recipients or their representatives must cooperatively assist 48.27 the commissioner in obtaining this determination. Recipients 48.28 who are eligible for the community alternative care program may 48.29 not receive more hours of nursing under this section than would 48.30 otherwise be authorized under section 256B.49. 48.31 (4) [VENTILATOR-DEPENDENT RECIPIENTS.] If the recipient is 48.32 ventilator-dependent, the monthly medical assistance 48.33 authorization for home care services shall not exceed what the 48.34 commissioner would pay for care at the highest cost hospital 48.35 designated as a long-term hospital under the Medicare program. 48.36 For purposes of this clause, home care services means all 49.1 services provided in the home that would be included in the 49.2 payment for care at the long-term hospital. 49.3 "Ventilator-dependent" means an individual who receives 49.4 mechanical ventilation for life support at least six hours per 49.5 day and is expected to be or has been dependent for at least 30 49.6 consecutive days. 49.7 (f) [PRIOR AUTHORIZATION; TIME LIMITS.] The commissioner 49.8 or the commissioner's designee shall determine the time period 49.9 for which a prior authorization shall be effective. If the 49.10 recipient continues to require home care services beyond the 49.11 duration of the prior authorization, the home care provider must 49.12 request a new prior authorization. Under no circumstances, 49.13 other than the exceptions in paragraph (b), shall a prior 49.14 authorization be valid prior to the date the commissioner 49.15 receives the request or for more than 12 months. A recipient 49.16 who appeals a reduction in previously authorized home care 49.17 services may continue previously authorized services, other than 49.18 temporary services under paragraph (h), pending an appeal under 49.19 section 256.045. The commissioner must provide a detailed 49.20 explanation of why the authorized services are reduced in amount 49.21 from those requested by the home care provider. 49.22 (g) [APPROVAL OF HOME CARE SERVICES.] The commissioner or 49.23 the commissioner's designee shall determine the medical 49.24 necessity of home care services, the level of caregiver 49.25 according to subdivision 2, and the institutional comparison 49.26 according to this subdivision, the cost-effectiveness of 49.27 services, and the amount, scope, and duration of home care 49.28 services reimbursable by medical assistance, based on the 49.29 assessment, primary payer coverage determination information as 49.30 required, the service plan, the recipient's age, the cost of 49.31 services, the recipient's medical condition, and diagnosis or 49.32 disability. The commissioner may publish additional criteria 49.33 for determining medical necessity according to section 256B.04. 49.34 (h) [PRIOR AUTHORIZATION REQUESTS; TEMPORARY SERVICES.] 49.35 The agency nurse, the independently enrolled private duty nurse, 49.36 or county public health nurse may request a temporary 50.1 authorization for home care services by telephone. The 50.2 commissioner may approve a temporary level of home care services 50.3 based on the assessment, and service or care plan information, 50.4 and primary payer coverage determination information as required. 50.5 Authorization for a temporary level of home care services 50.6 including nurse supervision is limited to the time specified by 50.7 the commissioner, but shall not exceed 45 days, unless extended 50.8 because the county public health nurse has not completed the 50.9 required assessment and service plan, or the commissioner's 50.10 determination has not been made. The level of services 50.11 authorized under this provision shall have no bearing on a 50.12 future prior authorization. 50.13 (i) [PRIOR AUTHORIZATION REQUIRED IN FOSTER CARE SETTING.] 50.14 Home care services provided in an adult or child foster care 50.15 setting must receive prior authorization by the department 50.16 according to the limits established in paragraph (a). 50.17 The commissioner may not authorize: 50.18 (1) home care services that are the responsibility of the 50.19 foster care provider under the terms of the foster care 50.20 placement agreement and administrative rules; 50.21 (2) personal care assistant services when the foster care 50.22 license holder is also the personal care provider or personal 50.23 care assistant unless the recipient can direct the recipient's 50.24 own care, or case management is provided as required in section 50.25 256B.0625, subdivision 19a; 50.26 (3) personal care assistant services when the responsible 50.27 party is an employee of, or under contract with, or has any 50.28 direct or indirect financial relationship with the personal care 50.29 provider or personal care assistant, unless case management is 50.30 provided as required in section 256B.0625, subdivision 19a; or 50.31 (4) personal care assistant and private duty nursing 50.32 services when the number of foster care residents is greater 50.33 than four unless the county responsible for the recipient's 50.34 foster placement made the placement prior to April 1, 1992, 50.35 requests that personal care assistant and private duty nursing 50.36 services be provided, and case management is provided as 51.1 required in section 256B.0625, subdivision 19a. 51.2 Sec. 51. Minnesota Statutes 2004, section 256B.0917, 51.3 subdivision 4, is amended to read: 51.4 Subd. 4. [ACCESSIBLE INFORMATION, SCREENING, AND 51.5 ASSESSMENT FUNCTION.] (a) The projects selected by and under 51.6 contract with the commissioner shall establish an accessible 51.7 information, screening, and assessment function for persons who 51.8 need assistance and information regarding long-term care. This 51.9 accessible information, screening, and assessment activity shall 51.10 include information and referral, early intervention, follow-up 51.11 contacts, telephone screening, home visits, assessments, 51.12 preadmission screening, and relocation case management for the 51.13 frail elderly and their caregivers in the area served by the 51.14 county or counties. The purpose is to ensure that information 51.15 and help is provided to elderly persons and their families in a 51.16 timely fashion, when they are making decisions about long-term 51.17 care. These functions may be split among various agencies, but 51.18 must be coordinated by the local long-term care coordinating 51.19 team. 51.20 (b) Accessible information, screening, and assessment 51.21 functions shall be reimbursed as follows: 51.22 (1) The screenings of all persons entering nursing homes 51.23 shall be reimbursed as defined in section 256B.0911, subdivision 51.24 6; and 51.25 (2) Additional state administrative funds shall be 51.26 available for the access, screening, and assessment activities 51.27 that are not reimbursed under clause (1). This amount shall not 51.28 exceed the amount authorized in the guidelines and in 51.29 instructions for the application and must be within the amount 51.30 appropriated for this activity. 51.31 (c) Any information and referral functions funded by other 51.32 sources, such as Title III of the Older Americans Act and Title 51.33 XX of the Social Security Actand the Community Social Services51.34Act, shall be considered by the local long-term care 51.35 coordinating team in establishing this function to avoid 51.36 duplication and to ensure access to information for persons 52.1 needing help and information regarding long-term care. 52.2 (d) The lead agency or the agencies under contract with the 52.3 lead agency which are responsible for the accessible 52.4 information, screening, and assessment function must complete 52.5 the forms and reports required by the commissioner as specified 52.6 in the contract. 52.7 Sec. 52. Minnesota Statutes 2004, section 256B.0917, 52.8 subdivision 5, is amended to read: 52.9 Subd. 5. [SERVICE DEVELOPMENT AND SERVICE DELIVERY.] (a) 52.10 In addition to the access, screening, and assessment activity, 52.11 each local strategy may include provisions for the following: 52.12 (1) the addition of a full-time staff person who is 52.13 responsible to develop the following services and recruit 52.14 providers as established in the contract: 52.15 (i) additional adult family foster care homes; 52.16 (ii) family adult day care providers as defined in section 52.17 256B.0919, subdivision 2; 52.18 (iii) an assisted living program in an apartment; 52.19 (iv) a congregate housing service project in a subsidized 52.20 housing project; and 52.21 (v) the expansion of evening and weekend coverage of home 52.22 care services as deemed necessary by the local strategic plan; 52.23 (2) small incentive grants to new adult family care 52.24 providers for renovations needed to meet licensure requirements; 52.25(3) a plan to apply for a congregate housing service52.26project as identified in section 256.9731, authorized by the52.27Minnesota Board on Aging, to the extent that funds are52.28available;52.29(4)(3) a plan to divert new applicants to nursing homes 52.30 and to relocate a targeted population from nursing homes, using 52.31 the individual's own resources or the funding available for 52.32 services; 52.33(5)(4) one or more caregiver support and respite care 52.34 projects, as described in subdivision 6; and 52.35(6)(5) one or more living-at-home/block nurse projects, as 52.36 described in subdivisions 7 to 10. 53.1 (b) The expansion of alternative care clients under 53.2 paragraph (a) shall be accomplished with the funds provided 53.3 under section 256B.0913, and includes the allocation of targeted 53.4 funds. The funding for all participating counties must be 53.5 coordinated by the local long-term care coordinating team and 53.6 must be part of the local long-term care strategy. Alternative 53.7 care funds may be transferred from one SAIL county to another 53.8 within a designated SAIL project area during a fiscal year as 53.9 authorized by the local long-term care coordinating team and 53.10 approved by the commissioner. The base allocation used for a 53.11 future year shall reflect the final transfer. Each county 53.12 retains responsibility for reimbursement as defined in section 53.13 256B.0913, subdivision 12. All other requirements for the 53.14 alternative care program must be met unless an exception is 53.15 provided in this section. The commissioner may establish by 53.16 contract a reimbursement mechanism for alternative care that 53.17 does not require invoice processing through the Medical 53.18 Assistance Management Information System (MMIS). The 53.19 commissioner and local agencies must assure that the same client 53.20 and reimbursement data is obtained as is available under MMIS. 53.21 (c) The administration of these components is the 53.22 responsibility of the agencies selected by the local 53.23 coordinating team and under contract with the local lead 53.24 agency. However, administrative funds for paragraph (a), 53.25 clauses (2) to(5)(4), and grant funds for paragraph 53.26 (a),clauses (6) and (7)clause (5), shall be granted to the 53.27 local lead agency. The funding available for each component is 53.28 based on the plan submitted and the amount negotiated in the 53.29 contract. 53.30 Sec. 53. Minnesota Statutes 2004, section 256B.0951, 53.31 subdivision 8, is amended to read: 53.32 Subd. 8. [FEDERAL WAIVER.] The commissioner of human 53.33 services shall seek a federal waiver to allow intermediate care 53.34 facilities for persons with mental retardation (ICFs/MR) in 53.35 region 10 of Minnesota to participate in the alternative 53.36 licensing system. If it is necessary for purposes of 54.1 participation in this alternative licensing system for a 54.2 facility to be decertified as an ICF/MR facility according to 54.3 the terms of the federal waiver, when the facility seeks 54.4 recertification under the provisions of ICF/MR regulations at 54.5 the end of the demonstration project, it will not be considered 54.6 a new ICF/MR as defined under section 252.291 provided the 54.7 licensed capacity of the facility did not increase during its 54.8 participation in the alternative licensing system. The 54.9 provisions of sections252.82252.28, 252.292, and 256B.5011 to 54.10 256B.5015 will remain applicable for counties in region 10 of 54.11 Minnesota and the ICFs/MR located within those counties 54.12 notwithstanding a county's participation in the alternative 54.13 licensing system. 54.14 Sec. 54. Minnesota Statutes 2004, section 256B.431, 54.15 subdivision 14, is amended to read: 54.16 Subd. 14. [LIMITATIONS ON SALES OF NURSING FACILITIES.] 54.17 (a) For rate periods beginning on October 1, 1992, and for rate 54.18 years beginning after June 30, 1993, a nursing facility's 54.19 property-related payment rate as established under subdivision 54.20 13 shall be adjusted by either paragraph (b) or (c) for the sale 54.21 of the nursing facility, including sales occurring after June 54.22 30, 1992, as provided in this subdivision. 54.23 (b) If the nursing facility's property-related payment rate 54.24 under subdivision 13 prior to sale is greater than the nursing 54.25 facility's rental rate under Minnesota Rules, parts 9549.0010 to 54.26 9549.0080, and this section prior to sale, the nursing 54.27 facility's property-related payment rate after sale shall be the 54.28 greater of its property-related payment rate under subdivision 54.29 13 prior to sale or its rental rate under Minnesota Rules, parts 54.30 9549.0010 to 9549.0080, and this section calculated after sale. 54.31 (c) If the nursing facility's property-related payment rate 54.32 under subdivision 13 prior to sale is equal to or less than the 54.33 nursing facility's rental rate under Minnesota Rules, parts 54.34 9549.0010 to 9549.0080, and this section prior to sale, the 54.35 nursing facility's property-related payment rate after sale 54.36 shall be the nursing facility's property-related payment rate 55.1 under subdivision 13 plus the difference between its rental rate 55.2 calculated under Minnesota Rules, parts 9549.0010 to 9549.0080, 55.3 and this section prior to sale and its rental rate calculated 55.4 under Minnesota Rules, parts 9549.0010 to 9549.0080, and this 55.5 section calculated after sale. 55.6 (d) For purposes of this subdivision, "sale" means the 55.7 purchase of a nursing facility's capital assets with cash or 55.8 debt. The term sale does not include a stock purchase of a 55.9 nursing facility or any of the following transactions: 55.10 (1) a sale and leaseback to the same licensee that does not 55.11 constitute a change in facility license; 55.12 (2) a transfer of an interest to a trust; 55.13 (3) gifts or other transfers for no consideration; 55.14 (4) a merger of two or more related organizations; 55.15 (5) a change in the legal form of doing business, other 55.16 than a publicly held organization that becomes privately held or 55.17 vice versa; 55.18 (6) the addition of a new partner, owner, or shareholder 55.19 who owns less than 20 percent of the nursing facility or the 55.20 issuance of stock; and 55.21 (7) a sale, merger, reorganization, or any other transfer 55.22 of interest between related organizations other than those 55.23 permitted in this section. 55.24 (e) For purposes of this subdivision, "sale" includes the 55.25 sale or transfer of a nursing facility to a close relative as 55.26 defined in Minnesota Rules, part 9549.0020, subpart 38, item C, 55.27 upon the death of an owner, due to serious illness or 55.28 disability, as defined under the Social Security Act, under 55.29 United States Code, title 42, section 423(d)(1)(A), or upon 55.30 retirement of an owner from the business of owning or operating 55.31 a nursing home at 62 years of age or older. For sales to a 55.32 close relative allowed under this paragraph, otherwise 55.33 nonallowable debt resulting from seller financing of all or a 55.34 portion of the debt resulting from the sale shall be allowed and 55.35 shall not be subject to Minnesota Rules, part 9549.0060, subpart 55.36 5, item E, provided that in addition to existing requirements 56.1 for allowance of debt and interest, the debt is subject to 56.2 repayment through annual principal payments and the interest 56.3 rate on the related organization debt does not exceed three 56.4 percentage points above the posted yield for standard 56.5 conventional fixed rate mortgages of the Federal Home Loan 56.6 Mortgage Corporation for delivery in 60 days in effect on the 56.7 day of sale. If at any time, the seller forgives the related 56.8 organization debt allowed under this paragraph for other than 56.9 equal amount of payment on that debt, then the buyer shall pay 56.10 to the state the total revenue received by the nursing facility 56.11 after the sale attributable to the amount of allowable debt 56.12 which has been forgiven. Any assignment, sale, or transfer of 56.13 the debt instrument entered into by the close relatives, either 56.14 directly or indirectly, which grants to the close relative buyer 56.15 the right to receive all or a portion of the payments under the 56.16 debt instrument shall, effective on the date of the transfer, 56.17 result in the prospective reduction in the corresponding portion 56.18 of the allowable debt and interest expense. Upon the death of 56.19 the close relative seller, any remaining balance of the close 56.20 relative debt must be refinanced and such refinancing shall be 56.21 subject to the provisions of Minnesota Rules, part 9549.0060, 56.22 subpart 7, item G. This paragraph shall not apply to sales 56.23 occurring on or after June 30, 1997. 56.24 (f) For purposes of this subdivision, "effective date of 56.25 sale" means the later of either the date on which legal title to 56.26 the capital assets is transferred or the date on which closing 56.27 for the sale occurred. 56.28 (g) The effective day for the property-related payment rate 56.29 determined under this subdivision shall be the first day of the 56.30 month following the month in which the effective date of sale 56.31 occurs or October 1, 1992, whichever is later, provided that the 56.32 notice requirements under section 256B.47, subdivision 2, have 56.33 been met. 56.34 (h) Notwithstanding Minnesota Rules, part 9549.0060, 56.35 subparts 5, item A, subitems (3) and (4), and 7, items E and F, 56.36 the commissioner shall limit the total allowable debt and 57.1 related interest for sales occurring after June 30, 1992, to the 57.2 sum of clauses (1) to (3): 57.3 (1) the historical cost of capital assets, as of the 57.4 nursing facility's most recent previous effective date of sale 57.5 or, if there has been no previous sale, the nursing facility's 57.6 initial historical cost of constructing capital assets; 57.7 (2) the average annual capital asset additions after 57.8 deduction for capital asset deletions, not including 57.9 depreciations; and 57.10 (3) one-half of the allowed inflation on the nursing 57.11 facility's capital assets. The commissioner shall compute the 57.12 allowed inflation as described in paragraph (i). 57.13 (i) For purposes of computing the amount of allowed 57.14 inflation, the commissioner must apply the following principles: 57.15 (1) the lesser of the Consumer Price Index for all urban 57.16 consumers or the Dodge Construction Systems Costs for Nursing 57.17 Homes for any time periods during which both are available must 57.18 be used. If the Dodge Construction Systems Costs for Nursing 57.19 Homes becomes unavailable, the commissioner shall substitute the 57.20 index in subdivision 3f, or such other index as the secretary of 57.21 the Centers for Medicare and Medicaid Services may designate; 57.22 (2) the amount of allowed inflation to be applied to the 57.23 capital assets in paragraph(g)(h), clauses (1) and (2), must 57.24 be computed separately; 57.25 (3) the amount of allowed inflation must be determined on 57.26 an annual basis, prorated on a monthly basis for partial years 57.27 and if the initial month of use is not determinable for a 57.28 capital asset, then one-half of that calendar year shall be used 57.29 for purposes of prorating; 57.30 (4) the amount of allowed inflation to be applied to the 57.31 capital assets in paragraph(g)(h), clauses (1) and (2), must 57.32 not exceed 300 percent of the total capital assets in any one of 57.33 those clauses; and 57.34 (5) the allowed inflation must be computed starting with 57.35 the month following the nursing facility's most recent previous 57.36 effective date of sale or, if there has been no previous sale, 58.1 the month following the date of the nursing facility's initial 58.2 occupancy, and ending with the month preceding the effective 58.3 date of sale. 58.4 (j) If the historical cost of a capital asset is not 58.5 readily available for the date of the nursing facility's most 58.6 recent previous sale or if there has been no previous sale for 58.7 the date of the nursing facility's initial occupancy, then the 58.8 commissioner shall limit the total allowable debt and related 58.9 interest after sale to the extent recognized by the Medicare 58.10 intermediary after the sale. For a nursing facility that has no 58.11 historical capital asset cost data available and does not have 58.12 allowable debt and interest calculated by the Medicare 58.13 intermediary, the commissioner shall use the historical cost of 58.14 capital asset data from the point in time for which capital 58.15 asset data is recorded in the nursing facility's audited 58.16 financial statements. 58.17 (k) The limitations in this subdivision apply only to debt 58.18 resulting from a sale of a nursing facility occurring after June 58.19 30, 1992, including debt assumed by the purchaser of the nursing 58.20 facility. 58.21 Sec. 55. Minnesota Statutes 2004, section 256G.01, 58.22 subdivision 3, is amended to read: 58.23 Subd. 3. [PROGRAM COVERAGE.] This chapter applies to all 58.24 social service programs administered by the commissioner in 58.25 which residence is the determining factor in establishing 58.26 financial responsibility. These include, but are not limited to: 58.27 commitment proceedings, including voluntary admissions; 58.28 emergency holds; poor relief funded wholly through local 58.29 agencies; social services, including title XX, IV-E and other 58.30 components ofthe Community Social Services Act,section 58.31 256E.12; social services programs funded wholly through the 58.32 resources of county agencies; social services provided under the 58.33 Minnesota Indian Family Preservation Act, sections 260.751 to 58.34 260.781; costs for delinquency confinement under section 393.07, 58.35 subdivision 2; service responsibility for these programs; and 58.36 group residential housing. 59.1 Sec. 56. Minnesota Statutes 2004, section 256L.07, 59.2 subdivision 1, is amended to read: 59.3 Subdivision 1. [GENERAL REQUIREMENTS.] (a) Children 59.4 enrolled in the original children's health plan as of September 59.5 30, 1992, children who enrolled in the MinnesotaCare program 59.6 after September 30, 1992, pursuant to Laws 1992, chapter 549, 59.7 article 4, section 17, and children who have family gross 59.8 incomes that are equal to or less than 150 percent of the 59.9 federal poverty guidelines are eligible without meeting the 59.10 requirements of subdivision 2 and the four-month requirement in 59.11 subdivision 3, as long as they maintain continuous coverage in 59.12 the MinnesotaCare program or medical assistance. Children who 59.13 apply for MinnesotaCare on or after the implementation date of 59.14 the employer-subsidized health coverage program as described in 59.15 Laws 1998, chapter 407, article 5, section 45, who have family 59.16 gross incomes that are equal to or less than 150 percent of the 59.17 federal poverty guidelines, must meet the requirements of 59.18 subdivision 2 to be eligible for MinnesotaCare. 59.19 (b) Families enrolled in MinnesotaCare under section 59.20 256L.04, subdivision 1, whose income increases above 275 percent 59.21 of the federal poverty guidelines, are no longer eligible for 59.22 the program and shall be disenrolled by the commissioner. 59.23 Individuals enrolled in MinnesotaCare under section 256L.04, 59.24 subdivision 7, whose income increases above 175 percent of the 59.25 federal poverty guidelines are no longer eligible for the 59.26 program and shall be disenrolled by the commissioner. For 59.27 persons disenrolled under this subdivision, MinnesotaCare 59.28 coverage terminates the last day of the calendar month following 59.29 the month in which the commissioner determines that the income 59.30 of a family or individual exceeds program income limits. 59.31 (c)(1) Notwithstanding paragraph (b), families enrolled in59.32MinnesotaCare under section 256L.04, subdivision 1, may remain59.33enrolled in MinnesotaCare if ten percent of their annual income59.34is less than the annual premium for a policy with a $50059.35deductible available through the Minnesota Comprehensive Health59.36Association. Families who are no longer eligible for60.1MinnesotaCare under this subdivision shall be given an 18-month60.2notice period from the date that ineligibility is determined60.3before disenrollment. This clause expires February 1, 2004.60.4(2) Effective February 1, 2004,Notwithstanding paragraph 60.5 (b), children may remain enrolled in MinnesotaCare if ten 60.6 percent of their annual family income is less than the annual 60.7 premium for a policy with a $500 deductible available through 60.8 the Minnesota Comprehensive Health Association. Children who 60.9 are no longer eligible for MinnesotaCare under this clause shall 60.10 be given a 12-month notice period from the date that 60.11 ineligibility is determined before disenrollment. The premium 60.12 for children remaining eligible under this clause shall be the 60.13 maximum premium determined under section 256L.15, subdivision 2, 60.14 paragraph (b). 60.15 (d)Effective July 1, 2003,Notwithstanding paragraphs (b) 60.16 and (c), parents areno longernot eligible for MinnesotaCare if 60.17 gross household income exceeds $50,000. 60.18 Sec. 57. Minnesota Statutes 2004, section 256L.15, 60.19 subdivision 2, is amended to read: 60.20 Subd. 2. [SLIDING FEE SCALE TO DETERMINE PERCENTAGE OF 60.21 GROSS INDIVIDUAL OR FAMILY INCOME.] (a) The commissioner shall 60.22 establish a sliding fee scale to determine the percentage of 60.23 gross individual or family income that households at different 60.24 income levels must pay to obtain coverage through the 60.25 MinnesotaCare program. The sliding fee scale must be based on 60.26 the enrollee's gross individual or family income. The sliding 60.27 fee scale must contain separate tables based on enrollment of 60.28 one, two, or three or more persons. The sliding fee scale 60.29 begins with a premium of 1.5 percent of gross individual or 60.30 family income for individuals or families with incomes below the 60.31 limits for the medical assistance program for families and 60.32 children in effect on January 1, 1999, and proceeds through the 60.33 following evenly spaced steps: 1.8, 2.3, 3.1, 3.8, 4.8, 5.9, 60.34 7.4, and 8.8 percent. These percentages are matched to evenly 60.35 spaced income steps ranging from the medical assistance income 60.36 limit for families and children in effect on January 1, 1999, to 61.1 275 percent of the federal poverty guidelines for the applicable 61.2 family size, up to a family size of five. The sliding fee scale 61.3 for a family of five must be used for families of more than 61.4 five. Effective October 1, 2003, the commissioner shall 61.5 increase each percentage by 0.5 percentage points for enrollees 61.6 with income greater than 100 percent but not exceeding 200 61.7 percent of the federal poverty guidelines and shall increase 61.8 each percentage by 1.0 percentage points for families and 61.9 children with incomes greater than 200 percent of the federal 61.10 poverty guidelines. The sliding fee scale and percentages are 61.11 not subject to the provisions of chapter 14. If a family or 61.12 individual reports increased income after enrollment, premiums 61.13 shall not be adjusted until eligibility renewal. 61.14 (b)(1) Enrolled families whose gross annual income61.15increases above 275 percent of the federal poverty guideline61.16shall pay the maximum premium. This clause expires effective61.17February 1, 2004.61.18(2) Effective February 1, 2004,Children in families whose 61.19 gross income is above 275 percent of the federal poverty 61.20 guidelines shall pay the maximum premium. 61.21(3)The maximum premium is defined as a base charge for 61.22 one, two, or three or more enrollees so that if all 61.23 MinnesotaCare cases paid the maximum premium, the total revenue 61.24 would equal the total cost of MinnesotaCare medical coverage and 61.25 administration. In this calculation, administrative costs shall 61.26 be assumed to equal ten percent of the total. The costs of 61.27 medical coverage for pregnant women and children under age two 61.28 and the enrollees in these groups shall be excluded from the 61.29 total. The maximum premium for two enrollees shall be twice the 61.30 maximum premium for one, and the maximum premium for three or 61.31 more enrollees shall be three times the maximum premium for one. 61.32 Sec. 58. Minnesota Statutes 2004, section 256M.10, 61.33 subdivision 5, is amended to read: 61.34 Subd. 5. [FORMER CHILDREN'S SERVICES AND COMMUNITY SERVICE 61.35 GRANTS.] "Former children's services and community service 61.36 grants" means allocations for the following grants: 62.1 (1) community social service grants under section 252.24 62.2 and Minnesota Statutes 2002, sections 256E.06 and 256E.14; 62.3 (2) family preservation grants under section 256F.05, 62.4 subdivision 3; 62.5 (3) concurrent permanency planning grants under section 62.6 260C.213, subdivision 5; 62.7 (4) social service block grants (Title XX) under Minnesota 62.8 Statutes 2002, section 256E.07; and 62.9 (5) children's mental health grants under Minnesota 62.10 Statutes 2002,sectionsections 245.4886 andsection260.152. 62.11 Sec. 59. Minnesota Statutes 2004, section 260B.007, 62.12 subdivision 16, is amended to read: 62.13 Subd. 16. [JUVENILE PETTY OFFENDER; JUVENILE PETTY 62.14 OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 62.15 alcohol offense, a juvenile controlled substance offense, a 62.16 violation of section 609.685, or a violation of a local 62.17 ordinance, which by its terms prohibits conduct by a child under 62.18 the age of 18 years which would be lawful conduct if committed 62.19 by an adult. 62.20 (b) Except as otherwise provided in paragraph (c), 62.21 "juvenile petty offense" also includes an offense that would be 62.22 a misdemeanor if committed by an adult. 62.23 (c) "Juvenile petty offense" does not include any of the 62.24 following: 62.25 (1) a misdemeanor-level violation of section 518B.01, 62.26 588.20, 609.224, 609.2242, 609.324,609.563609.5632, 609.576, 62.27 609.66, 609.746, 609.748, 609.79, or 617.23; 62.28 (2) a major traffic offense or an adult court traffic 62.29 offense, as described in section 260B.225; 62.30 (3) a misdemeanor-level offense committed by a child whom 62.31 the juvenile court previously has found to have committed a 62.32 misdemeanor, gross misdemeanor, or felony offense; or 62.33 (4) a misdemeanor-level offense committed by a child whom 62.34 the juvenile court has found to have committed a 62.35 misdemeanor-level juvenile petty offense on two or more prior 62.36 occasions, unless the county attorney designates the child on 63.1 the petition as a juvenile petty offender notwithstanding this 63.2 prior record. As used in this clause, "misdemeanor-level 63.3 juvenile petty offense" includes a misdemeanor-level offense 63.4 that would have been a juvenile petty offense if it had been 63.5 committed on or after July 1, 1995. 63.6 (d) A child who commits a juvenile petty offense is a 63.7 "juvenile petty offender." 63.8 Sec. 60. Minnesota Statutes 2004, section 276.04, 63.9 subdivision 2, is amended to read: 63.10 Subd. 2. [CONTENTS OF TAX STATEMENTS.] (a) The treasurer 63.11 shall provide for the printing of the tax statements. The 63.12 commissioner of revenue shall prescribe the form of the property 63.13 tax statement and its contents. The statement must contain a 63.14 tabulated statement of the dollar amount due to each taxing 63.15 authority and the amount of the state tax from the parcel of 63.16 real property for which a particular tax statement is prepared. 63.17 The dollar amounts attributable to the county, the state tax, 63.18 the voter approved school tax, the other local school tax, the 63.19 township or municipality, and the total of the metropolitan 63.20 special taxing districts as defined in section 275.065, 63.21 subdivision 3, paragraph (i), must be separately stated. The 63.22 amounts due all other special taxing districts, if any, may be 63.23 aggregated. If the county levy under this paragraph includes an 63.24 amount for a lake improvement district as defined under sections 63.25 103B.501 to 103B.581, the amount attributable for that purpose 63.26 must be separately stated from the remaining county levy 63.27 amount. The amount of the tax on homesteads qualifying under 63.28 the senior citizens' property tax deferral program under chapter 63.29 290B is the total amount of property tax before subtraction of 63.30 the deferred property tax amount. The amount of the tax on 63.31 contamination value imposed under sections 270.91 to 270.98, if 63.32 any, must also be separately stated. The dollar amounts, 63.33 including the dollar amount of any special assessments, may be 63.34 rounded to the nearest even whole dollar. For purposes of this 63.35 section whole odd-numbered dollars may be adjusted to the next 63.36 higher even-numbered dollar. The amount of market value 64.1 excluded under section 273.11, subdivision 16, if any, must also 64.2 be listed on the tax statement. 64.3 (b) The property tax statements for manufactured homes and 64.4 sectional structures taxed as personal property shall contain 64.5 the same information that is required on the tax statements for 64.6 real property. 64.7 (c) Real and personal property tax statements must contain 64.8 the following information in the order given in this paragraph. 64.9 The information must contain the current year tax information in 64.10 the right column with the corresponding information for the 64.11 previous year in a column on the left: 64.12 (1) the property's estimated market value under section 64.13 273.11, subdivision 1; 64.14 (2) the property's taxable market value after reductions 64.15 under section 273.11, subdivisions 1a and 16; 64.16 (3) the property's gross tax, calculated by adding the 64.17 property's total property tax to the sum of the aids enumerated 64.18 in clause (4); 64.19 (4) a total of the following aids: 64.20 (i) education aids payable under chapters 122A, 123A, 123B, 64.21 124D, 125A, 126C, and 127A; 64.22 (ii) local government aids for cities, towns, and counties 64.23 under chapter 477A; and 64.24 (iii) disparity reduction aid under section 273.1398; 64.25 (5) for homestead residential and agricultural properties, 64.26 the credits under section 273.1384; 64.27 (6) any credits received under sections 273.119; 273.123; 64.28 273.135; 273.1391; 273.1398, subdivision 4; 469.171; and 64.29 473H.10, except that the amount of credit received under section 64.30 273.135 must be separately stated and identified as "taconite 64.31 tax relief"; and 64.32 (7) the net tax payable in the manner required in paragraph 64.33 (a). 64.34 (d) If the county uses envelopes for mailing property tax 64.35 statements and if the county agrees, a taxing district may 64.36 include a notice with the property tax statement notifying 65.1 taxpayers when the taxing district will begin its budget 65.2 deliberations for the current year, and encouraging taxpayers to 65.3 attend the hearings. If the county allows notices to be 65.4 included in the envelope containing the property tax statement, 65.5 and if more than one taxing district relative to a given 65.6 property decides to include a notice with the tax statement, the 65.7 county treasurer or auditor must coordinate the process and may 65.8 combine the information on a single announcement. 65.9 The commissioner of revenue shall certify to the county 65.10 auditor the actual or estimated aids enumerated in paragraph 65.11 (c), clause (4), that local governments will receive in the 65.12 following year. The commissioner must certify this amount by 65.13 January 1 of each year. 65.14 Sec. 61. Minnesota Statutes 2004, section 290.095, 65.15 subdivision 1, is amended to read: 65.16 Subdivision 1. [ALLOWANCE OF DEDUCTION.] (a) There shall 65.17 be allowed as a deduction for the taxable year the amount of any 65.18 net operating loss deduction as provided in section 172 of the 65.19 Internal Revenue Code, subject to the limitations and 65.20 modifications provided in this section. 65.21 (b) A net operating loss deduction shall be available under 65.22 this section only to corporate taxpayers except that 65.23 subdivisions7,9,and 11 hereof apply only to individuals, 65.24 estates, and trusts. 65.25 (c) In the case of a regulated investment company or fund 65.26 thereof, as defined in section 851(a) or 851(g) of the Internal 65.27 Revenue Code, the deduction provided by this section shall not 65.28 be allowed. 65.29 Sec. 62. Minnesota Statutes 2004, section 299D.07, is 65.30 amended to read: 65.31 299D.07 [HELICOPTER, FIXED WING AIRCRAFT.] 65.32 The commissioner of public safety is hereby authorized to 65.33 retain, acquire, maintain and operate helicopters and fixed wing 65.34 aircraft for the purposes of theHighwayState Patrol and the 65.35 Bureau of Criminal Apprehension and for any other law 65.36 enforcement purpose that the commissioner determines is 66.1 appropriate. The commissioner also is authorized to employ 66.2 State Patrol officer pilots as required. 66.3 Sec. 63. Minnesota Statutes 2004, section 299F.051, 66.4 subdivision 4, is amended to read: 66.5 Subd. 4. [COOPERATIVE INVESTIGATION; REIMBURSEMENT.] The 66.6 state fire marshal and the superintendent of the Bureau of 66.7 Criminal Apprehension shall encourage the cooperation of local 66.8 firefighters and peace officers in the investigation of 66.9 violations of sections 609.561 to 609.576 or other crimes 66.10 associated with reported fires in all appropriate ways, 66.11 including providing reimbursement to political subdivisions at a 66.12 rate not to exceed 50 percent of the salaries of peace officers 66.13 and firefighters for time spent in attending fire investigation 66.14 training courses offered by the arson training unit. Volunteer 66.15 firefighters from a political subdivision shall be reimbursed at 66.16 the rate of $35 per day plus expenses incurred in attending fire 66.17 investigation training courses offered by the arson training 66.18 unit. Reimbursement shall be made only in the event that both a 66.19 peace officer and a firefighter from the same political 66.20 subdivision attend the same training course. The reimbursement 66.21 shall be subject to the limitation of funds appropriated and 66.22 available for expenditure.The state fire marshal and the66.23superintendent also shall encourage local firefighters and peace66.24officers to seek assistance from the arson strike force66.25established in section 299F.058.66.26 Sec. 64. Minnesota Statutes 2004, section 299F.093, 66.27 subdivision 1, is amended to read: 66.28 Subdivision 1. [DUTIES; RULES.](a)The commissioner shall: 66.29 (1) adopt rules no later than July 1, 1987, with the advice 66.30 of the Hazardous Substance Notification Advisory Committee, 66.31 establishing the form and content of the hazardous substance 66.32 notification report form, as required by section 299F.094, and 66.33 describing one or more hazard categories with specified ranges 66.34 of quantities in each hazard category, representing increments 66.35 of substantially increased risk; 66.36 (2) print and provide to individual fire departments the 67.1 requested number of hazardous substance notification reports, 67.2 which must be made available to a fire department no more than 67.3 90 days following its request, for the fire department to mail 67.4 or otherwise make available to employers in the jurisdiction; 67.5 (3) report to the legislature, as needed, on the 67.6 effectiveness of sections 299F.091 to 299F.099 and recommend 67.7 amendments to sections 299F.091 to 299F.099 that are considered 67.8 necessary; 67.9 (4) adopt rules to implement sections 299F.091 to 299F.099, 67.10 compatible with the Minnesota Uniform Fire Code so as to not 67.11 limit the authority of local fire officials under that code; and 67.12 (5) adopt rules that are based on the most recent standard 67.13 704, adopted by the National Fire Protection Association, and 67.14 that allow a fire department to require employers within its 67.15 jurisdiction to post signs conforming to standard 704, and 67.16 indicating the presence of hazardous substances. If the signs 67.17 are required, a fire department shall supply the signs or 67.18 provide information to assist an employer to obtain them. 67.19(b) The commissioner shall adopt criteria and guidelines,67.20with the concurrence of the Hazardous Substance Notification67.21Advisory Committee, for the disbursement of funds pursuant to67.22Laws 1986, First Special Session chapter 1, article 10, section67.2320, subdivision 1.67.24 Sec. 65. Minnesota Statutes 2004, section 321.0210, is 67.25 amended to read: 67.26 321.0210 [ANNUAL REPORT FOR SECRETARY OF STATE.] 67.27 (a) Subject to subsection (b): 67.28 (1) in each calendar year following the calendar year in 67.29 which a limited partnership becomes subject to this chapter, the 67.30 limited partnership must deliver to the secretary of state for 67.31 filing an annual registration containing the information 67.32 required by subsection(d)(c); and 67.33 (2) in each calendar year following the calendar year in 67.34 which there is first on file with the secretary of state a 67.35 certificate of authority under section 321.0904 pertaining to a 67.36 foreign limited partnership, the foreign limited partnership 68.1 must deliver to the secretary of state for filing an annual 68.2 registration containing the information required by subsection 68.3(d)(c). 68.4 (b) A limited partnership's obligation under subsection (a) 68.5 ends if the limited partnership delivers to the secretary of 68.6 state for filing a statement of termination under section 68.7 321.0203 and the statement becomes effective under section 68.8 321.0206. A foreign limited partnership's obligation under 68.9 subsection (a) ends if the secretary of state issues and files a 68.10 certificate of revocation under section 321.0906 or if the 68.11 foreign limited partnership delivers to the secretary of state 68.12 for filing a notice of cancellation under section 321.0907(a) 68.13 and that notice takes effect under section 321.0206. If a 68.14 foreign limited partnership's obligations under subsection (a) 68.15 end and later the secretary of state files, pursuant to section 68.16 321.0904, a new certificate of authority pertaining to that 68.17 foreign limited partnership, subsection (a)(2), again applies to 68.18 the foreign limited partnership and, for the purposes of 68.19 subsection (a)(2), the calendar year of the new filing is 68.20 treated as the calendar year in which a certificate of authority 68.21 is first on file with the secretary of state. 68.22 (c) The annual registration must contain: 68.23 (1) the name of the limited partnership or foreign limited 68.24 partnership; 68.25 (2) the address of its designated office and the name and 68.26 street and mailing address of its agent for service of process 68.27 in Minnesota; 68.28 (3) in the case of a limited partnership, the street and 68.29 mailing address of its principal office; and 68.30 (4) in the case of a foreign limited partnership, the name 68.31 of the state or other jurisdiction under whose law the foreign 68.32 limited partnership is formed and any alternate name adopted 68.33 under section 321.0905(a). 68.34 (d) The secretary of state shall: 68.35 (1) administratively dissolve under section 321.0809 a 68.36 limited partnership that has failed to file a registration 69.1 pursuant to subsection (a); and 69.2 (2) revoke under section 321.0906 the certificate of 69.3 authority of a foreign limited partnership that has failed to 69.4 file a registration pursuant to subsection (a). 69.5 Sec. 66. Minnesota Statutes 2004, section 321.1114, is 69.6 amended to read: 69.7 321.1114 [CONFLICT RELATING TO MERGER OR CONVERSION.] 69.8 If a partnership governed by chapter 323A participates in a 69.9 merger or conversion under chapter 321, then in the event of any 69.10 conflict between the provisions of chapter 323A and chapter 321 69.11 relating to the merger or conversion, the provisions of chapter 69.12 321 controlchapter 321. 69.13 Sec. 67. Minnesota Statutes 2004, section 325N.15, is 69.14 amended to read: 69.15 325N.15 [WAIVER.] 69.16 Any waiver of the provisions of sections 325N.10 to315N.1869.17 325N.18 is void and unenforceable as contrary to public policy 69.18 except a consumer may waive the five-day right to cancel 69.19 provided in section 325N.13 if the property is subject to a 69.20 foreclosure sale within the five business days, and the 69.21 foreclosed homeowner agrees to waive his or her right to cancel 69.22 in a handwritten statement signed by all parties holding title 69.23 to the foreclosed property. 69.24 Sec. 68. Minnesota Statutes 2004, section 336.4A-105, is 69.25 amended to read: 69.26 336.4A-105 [OTHER DEFINITIONS.] 69.27 (a) In this article: 69.28 (1) "Authorized account" means a deposit account of a 69.29 customer in a bank designated by the customer as a source of 69.30 payment of payment orders issued by the customer to the bank. 69.31 If a customer does not so designate an account, any account of 69.32 the customer is an authorized account if payment of a payment 69.33 order from that account is not inconsistent with a restriction 69.34 on the use of that account. 69.35 (2) "Bank" means a person engaged in the business of 69.36 banking and includes a savings bank, savings association, credit 70.1 union, and trust company. A branch or separate office of a bank 70.2 is a separate bank for purposes of this article. 70.3 (3) "Customer" means a person, including a bank, having an 70.4 account with a bank or from whom a bank has agreed to receive 70.5 payment orders. 70.6 (4) "Funds-transfer business day" of a receiving bank means 70.7 the part of a day during which the receiving bank is open for 70.8 the receipt, processing, and transmittal of payment orders and 70.9 cancellations and amendments of payment orders. 70.10 (5) "Funds-transfer system" means a wire transfer network, 70.11 automated clearinghouse, or other communication system of a 70.12 clearinghouse or other association of banks through which a 70.13 payment order by a bank may be transmitted to the bank to which 70.14 the order is addressed. 70.15 (6) (Reserved.) 70.16 (7) "Prove" with respect to a fact means to meet the burden 70.17 of establishing the fact (section 336.1-201(b)(8)). 70.18 (b) Other definitions applying to the article and the 70.19 sections in which they appear: 70.20 "Acceptance." Section 336.4A-209. 70.21 "Beneficiary." Section 336.4A-103. 70.22 "Beneficiary's bank." Section 336.4A-103. 70.23 "Executed." Section 336.4A-301. 70.24 "Execution date." Section 336.4A-301. 70.25 "Funds transfer." Section 336.4A-104. 70.26 "Funds-transfer system rule." Section 336.4A-501. 70.27 "Intermediary bank." Section 336.4A-104. 70.28 "Originator." Section 336.4A-104. 70.29 "Originator's bank." Section 336.4A-104. 70.30 "Payment by beneficiary's bank to beneficiary." Section 70.31 336.4A-405. 70.32 "Payment by originator to beneficiary." Section 336.4A-406. 70.33 "Payment by sender to receiving bank." Section 336.4A-403. 70.34 "Payment date." Section 336.4A-401. 70.35 "Payment order." Section 336.4A-103. 70.36 "Receiving bank." Section 336.4A-103. 71.1 "Security procedure." Section 336.4A-201. 71.2 "Sender." Section 336.4A-103. 71.3 (c) The following definitions in article 4 apply to this 71.4 article: 71.5 "Clearinghouse." Section 336.4-104. 71.6 "Item." Section 336.4-104. 71.7 "Suspends payments." Section 336.4-104. 71.8 (d) In addition, sections 336.1-101 to336.1-209336.1-206 71.9 contain general definitions and principles of construction and 71.10 interpretation applicable throughout this article. 71.11 Sec. 69. Minnesota Statutes 2004, section 343.40, 71.12 subdivision 3, is amended to read: 71.13 Subd. 3. [SHADE.] Shade from the direct rays of the sun, 71.14 during the months ofJuneMay toSeptemberOctober shall be 71.15 provided. 71.16 Sec. 70. Minnesota Statutes 2004, section 458D.02, 71.17 subdivision 2, is amended to read: 71.18 Subd. 2. [WESTERN LAKE SUPERIOR SANITARY DISTRICT; 71.19 DISTRICT.] "Western Lake Superior Sanitary District" and 71.20 "district" mean the area over which the sanitary board has 71.21 jurisdiction which shall include the areanowcomprised on July 71.22 8, 1971, of the city of Cloquet, the cities of Carlton, Scanlon, 71.23 Thomson and Wrenshall, and the townships of Knife Falls, Silver 71.24 Brook, Thomson, and Twin Lakes in the county of Carlton; the 71.25 city of Duluth, the city of Proctor, and the townships of 71.26 Canosia, Duluth, Grand Lake, Herman, Lakewood, Midway, Rice Lake 71.27 and Solway in the county of St. Louis; other territory included 71.28 in the district pursuant to section 458D.22; and any waters of 71.29 the state adjacent thereto. 71.30 Sec. 71. Minnesota Statutes 2004, section 469.104, is 71.31 amended to read: 71.32 469.104 [SECTIONS THAT APPLY IF FEDERAL LIMIT APPLIES.] 71.33 Sections 474A.01 to 474A.21 apply to obligations issued 71.34 under sections 469.090 to 469.108 that are limited bya federal71.35limitation act as defined in section 474A.02, subdivision 9, or71.36existingfederal tax law as defined in section 474A.02, 72.1 subdivision 8. 72.2 Sec. 72. Minnesota Statutes 2004, section 473.845, 72.3 subdivision 1, is amended to read: 72.4 Subdivision 1. [ESTABLISHMENT.] The metropolitan landfill 72.5 contingency action trust account is an expendable trust account 72.6 in the remediation fund. The account consists of revenue 72.7 deposited in thefundaccount under section 473.843, subdivision 72.8 2, clause (2); amounts recovered under subdivision 7; and 72.9 interest earned on investment of money in thefundaccount. 72.10 Sec. 73. Minnesota Statutes 2004, section 514.966, 72.11 subdivision 3, is amended to read: 72.12 Subd. 3. [LIVESTOCK PRODUCTION INPUT LIEN.] (a) A supplier 72.13 furnishing livestock production inputs in the ordinary course of 72.14 business has a livestock production input lien for the unpaid 72.15 retail cost of the livestock production input. A perfected 72.16 livestock production input lien that attaches to livestock may 72.17 not exceed the amount, if any, that the sales price of the 72.18 livestock exceeds the greater of the fair market value of the 72.19 livestock at the time the lien attaches or the acquisition price 72.20 of the livestock. A livestock production input lien becomes 72.21 effective when the agricultural production inputs are furnished 72.22 by the supplier to the purchaser. 72.23 (b) A supplier shall notify a lender of a livestock 72.24 production input lien by providing a lien-notification statement 72.25 to the lender in an envelope marked "IMPORTANT-LEGAL NOTICE." 72.26 Delivery of the notice must be made by certified mail or another 72.27 verifiable method. 72.28 (c) The lien-notification statement mustbe in a form72.29approved by the secretary of state anddisclose the following: 72.30 (1) the name and business address of the lender that is to 72.31 receive notification; 72.32 (2) the name and address of the supplier claiming the lien; 72.33 (3) a description and the date or anticipated date or dates 72.34 of the transaction and the retail cost or anticipated costs of 72.35 the livestock production input; 72.36 (4) the name, residentialand address, and signatureof the 73.1 person to whom the livestock production input was furnished; 73.2 (5) the name andresidentialaddress of the owner of the 73.3 livestock, the location where the livestock will be raised, and 73.4 a description of the livestock; and 73.5 (6) a statement that products and proceeds of the livestock 73.6 are covered by the livestock input lien. 73.7 (d) Within ten calendar days after receiving a 73.8 lien-notification statement, the lender must respond to the 73.9 supplier with either: 73.10 (1) a letter of commitment for part or all of the amount in 73.11 the lien-notification statement; or 73.12 (2) a written refusal to issue a letter of commitment. 73.13 A copy of the response must be mailed to the person for whom the 73.14 financing was requested. 73.15 (e) If a lender responds with a letter of commitment for 73.16 part or all of the amount in the lien-notification statement, 73.17 the supplier may not obtain a lien for the amount stated in the 73.18 letter of commitment. If a lender responds with a refusal to 73.19 provide a letter of commitment, the rights of the lender and the 73.20 supplier are not affected. 73.21 (f) If a lender does not respond under paragraph (d) to the 73.22 supplier within ten calendar days after receiving the 73.23 lien-notification statement, a perfected livestock production 73.24 input lien corresponding to the lien-notification statement has 73.25 priority over any security interest of the lender in the same 73.26 livestock or their proceeds for the lesser of: 73.27 (1) the amount stated in the lien-notification statement; 73.28 or 73.29 (2) the unpaid retail cost of the livestock production 73.30 input identified in the lien-notification statement, subject to 73.31 any limitation in paragraph (a). 73.32 Sec. 74. Minnesota Statutes 2004, section 515B.4-102, is 73.33 amended to read: 73.34 515B.4-102 [DISCLOSURE STATEMENT; GENERAL PROVISIONS.] 73.35 (a) A disclosure statement shall fully and accurately 73.36 disclose: 74.1 (1) the name and, if available, the number of the common 74.2 interest community; 74.3 (2) the name and principal address of the declarant; 74.4 (3) the number of units in the common interest community 74.5 and a statement that the common interest community is either a 74.6 condominium, cooperative, or planned community; 74.7 (4) a general description of the common interest community, 74.8 including, at a minimum, (i) the number of buildings, (ii) the 74.9 number of dwellings per building, (iii) the type of 74.10 construction, (iv) whether the common interest community 74.11 involves new construction or rehabilitation, (v) whether any 74.12 building was wholly or partially occupied, for any purpose, 74.13 before it was added to the common interest community and the 74.14 nature of the occupancy, and (vi) a general description of any 74.15 roads, trails, or utilities that are located on the common 74.16 elements and that the association or a master association will 74.17 be required to maintain; 74.18 (5) declarant's schedule of commencement and completion of 74.19 construction of any buildings and other improvements that the 74.20 declarant is obligated to build pursuant to section 515B.4-117; 74.21 (6) any expenses or services, not reflected in the budget, 74.22 that the declarant pays or provides, which may become a common 74.23 expense; the projected common expense attributable to each of 74.24 those expenses or services; and an explanation of declarant's 74.25 limited assessment liability under section 515B.3-115, 74.26 subsection (b); 74.27 (7) any initial or special fee due from the purchaser to 74.28 the declarant or the association at closing, together with a 74.29 description of the purpose and method of calculating the fee; 74.30 (8) identification of any liens, defects, or encumbrances 74.31 which will continue to affect the title to a unit or to any real 74.32 property owned by the association after the contemplated 74.33 conveyance; 74.34 (9) a description of any financing offered or arranged by 74.35 the declarant; 74.36 (10) a statement as to whether application has been made 75.1 for any project approvals for the common interest community from 75.2 the Federal National Mortgage Association (FNMA), Federal Home 75.3 Loan Mortgage Corporation (FHLMC), Department of Housing and 75.4 Urban Development (HUD) or Department of Veterans Affairs (VA), 75.5 and which, if any, such final approvals have been received; 75.6 (11) the terms of any warranties provided by the declarant, 75.7 including copies of chapter 327A, and sections 515B.4-112 75.8 through 515B.4-115, and a statement of any limitations on the 75.9 enforcement of warranties or on damages; 75.10 (12) a statement that: (i) withintenfive days after the 75.11 receipt of a disclosure statement, a purchaser may cancel any 75.12 contract for the purchase of a unit from a declarant; provided, 75.13 that the right to cancel terminates upon the purchaser's 75.14 voluntary acceptance of a conveyance of the unit from the 75.15 declarant; (ii) if a purchaser receives a disclosure statement 75.16 more thantenfive days before signing a purchase agreement, the 75.17 purchaser cannot cancel the purchase agreement; and (iii) if a 75.18 declarant obligated to deliver a disclosure statement fails to 75.19 deliver a disclosure statement which substantially complies with 75.20 this chapter to a purchaser to whom a unit is conveyed, the 75.21 declarant shall be liable to the purchaser as provided in 75.22 section 515B.4-106(d); 75.23 (13) a statement disclosing to the extent of the 75.24 declarant's or an affiliate of a declarant's actual knowledge, 75.25 after reasonable inquiry, any unsatisfied judgments or lawsuits 75.26 to which the association is a party, and the status of those 75.27 lawsuits which are material to the common interest community or 75.28 the unit being purchased; 75.29 (14) a statement (i) describing the conditions under which 75.30 earnest money will be held in and disbursed from the escrow 75.31 account, as set forth in section 515B.4-109, (ii) that the 75.32 earnest money will be returned to the purchaser if the purchaser 75.33 cancels the contract pursuant to section 515B.4-106, and (iii) 75.34 setting forth the name and address of the escrow agent; 75.35 (15) a detailed description of the insurance coverage 75.36 provided by the association for the benefit of unit owners, 76.1 including a statement as to which, if any, of the items referred 76.2 to in section 515B.3-113, subsection (b), are insured by the 76.3 association; 76.4 (16) any current or expected fees or charges, other than 76.5 assessments for common expenses, to be paid by unit owners for 76.6 the use of the common elements or any other improvements or 76.7 facilities; 76.8 (17) the financial arrangements, including any 76.9 contingencies, which have been made to provide for completion of 76.10 all improvements that the declarant is obligated to build 76.11 pursuant to section 515B.4-118, or a statement that no such 76.12 arrangements have been made; 76.13 (18) in a cooperative: (i) whether the unit owners will be 76.14 entitled for federal and state tax purposes, to deduct payments 76.15 made by the association for real estate taxes and interest paid 76.16 to the holder of a security interest encumbering the 76.17 cooperative; and (ii) a statement as to the effect on the unit 76.18 owners if the association fails to pay real estate taxes or 76.19 payments due the holder of a security interest encumbering the 76.20 cooperative; 76.21 (19) a statement: (i) that real estate taxes for the unit 76.22 or any real property owned by the association are not delinquent 76.23 or, if there are delinquent real estate taxes, describing the 76.24 property for which the taxes are delinquent, stating the amount 76.25 of the delinquent taxes, interest and penalties, and stating the 76.26 years for which taxes are delinquent, and (ii) setting forth the 76.27 amount of real estate taxes, including the amount of any special 76.28 assessment certified for payment with the real estate taxes, due 76.29 and payable with respect to the unit in the year in which the 76.30 disclosure statement is given, if real estate taxes have been 76.31 separately assessed against the unit; 76.32 (20) if the association or the purchaser of the unit will 76.33 be a member of a master association, a statement to that effect, 76.34 and all of the following information with respect to the master 76.35 association: (i) a copy of the declaration, if any (other than 76.36 any CIC plat), the articles of incorporation, bylaws, and rules 77.1 and regulations for the master association, together with any 77.2 amendments thereto; (ii) the name, address and general 77.3 description of the master association, including a general 77.4 description of any other association, unit owners, or other 77.5 persons which are or may become members; (iii) a description of 77.6 any nonresidential use permitted on any property subject to the 77.7 master association; (iv) a statement as to the estimated maximum 77.8 number of associations, unit owners or other persons which may 77.9 become members of the master association, and the degree and 77.10 period of control of the master association by a declarant or 77.11 other person; (v) a description of any facilities intended for 77.12 the benefit of the members of the master association and not 77.13 located on property owned or controlled by a member; (vi) the 77.14 financial arrangements, including any contingencies, which have 77.15 been made to provide for completion of the facilities referred 77.16 to in subsection (v), or a statement that no arrangements have 77.17 been made; (vii) any current balance sheet of the master 77.18 association and a projected or current annual budget, as 77.19 applicable, which budget shall include with respect to the 77.20 master association those items in paragraph (23), clauses (i) 77.21 through (iv); (viii) a description of any expenses or services 77.22 not reflected in the budget, paid for or provided by a declarant 77.23 or a person executing the master declaration, which may become 77.24 an expense of the master association in the future; (ix) a 77.25 description of any powers delegated to and accepted by the 77.26 master association pursuant to section 515B.2-121(f)(2); (x) 77.27 identification of any liens, defects or encumbrances that will 77.28 continue to affect title to property owned or operated by the 77.29 master association for the benefit of its members; (xi) the 77.30 terms of any warranties provided by any person for construction 77.31 of facilities in which the members of the master association 77.32 have or may have an interest, and any known defects in the 77.33 facilities which would violate the standards described in 77.34 section 515B.4-112(b); (xii) a statement disclosing, to the 77.35 extent of the declarant's knowledge, after inquiry of the master 77.36 association, any unsatisfied judgments or lawsuits to which the 78.1 master association is a party, and the status of those lawsuits 78.2 which are material to the master association; (xiii) a 78.3 description of any insurance coverage provided for the benefit 78.4 of its members by the master association; and (xiv) any current 78.5 or expected fees or charges, other than assessments by the 78.6 master association, to be paid by members of the master 78.7 association for the use of any facilities intended for the 78.8 benefit of the members; 78.9 (21) a statement as to whether the unit will be 78.10 substantially completed at the time of conveyance to a 78.11 purchaser, and if not substantially completed, who is 78.12 responsible to complete and pay for the construction of the 78.13 unit; 78.14 (22) a copy of the declaration and any amendments thereto, 78.15 (exclusive of the CIC plat), any other recorded covenants, 78.16 conditions restrictions, and reservations affecting the common 78.17 interest community; the articles of incorporation, bylaws and 78.18 any rules or regulations of the association; any agreement 78.19 excluding or modifying any implied warranties; any agreement 78.20 reducing the statute of limitations for the enforcement of 78.21 warranties; any contracts or leases to be signed by purchaser at 78.22 closing; and a brief narrative description of any contracts or 78.23 leases that are or may be subject to cancellation by the 78.24 association under section 515B.3-105; and 78.25 (23) any current balance sheet for the association; a 78.26 projected annual budget for the association for the year in 78.27 which the first unit is conveyed to a purchaser, and thereafter 78.28 the current annual budget of the association; and a statement 78.29 identifying the party responsible for the preparation of the 78.30 budget. The budget shall include, without limitation: (i) a 78.31 statement of the amount included in the budget as a reserve for 78.32 maintenance, repair and replacement; (ii) a statement of any 78.33 other reserves; (iii) the projected common expense for each 78.34 category of expenditures for the association; and (iv) the 78.35 projected monthly common expense assessment for each type of 78.36 unit. 79.1 (b) A declarant shall promptly amend the disclosure 79.2 statement to reflect any material change in the information 79.3 required by this chapter. 79.4 (c) The master association, within ten days after a request 79.5 by a declarant, or any holder of declarant rights, or the 79.6 authorized representative of any of them, shall furnish the 79.7 information required to be provided by subsection (a)(20). A 79.8 declarant or other person who provides information pursuant to 79.9 subsection (a)(20) is not liable to the purchaser for any 79.10 erroneous information if the declarant or other person: (i) is 79.11 not an affiliate of or related in any way to a person authorized 79.12 to appoint the master association board pursuant to section 79.13 515B.2-121(c)(3), and (ii) has no actual knowledge that the 79.14 information is incorrect. 79.15 Sec. 75. Minnesota Statutes 2004, section 524.2-114, is 79.16 amended to read: 79.17 524.2-114 [MEANING OF CHILD AND RELATED TERMS.] 79.18 If, for purposes of intestate succession, a relationship of 79.19 parent and child must be established to determine succession by, 79.20 through, or from a person: 79.21 (1) An adopted person is the child of an adopting parent 79.22 and not of the birth parents except that adoption of a child by 79.23 the spouse of a birth parent has no effect on the relationship 79.24 between the child and that birth parent. If a parent dies and a 79.25 child is subsequently adopted by a stepparent who is the spouse 79.26 of a surviving parent, any rights of inheritance of the child or 79.27 the child's descendant from or through the deceased parent of 79.28 the child which exist at the time of the death of that parent 79.29 shall not be affected by the adoption. 79.30 (2) In cases not covered by clause (1), a person is the 79.31 child of the person's parents regardless of the marital status 79.32 of the parents and the parent and child relationship may be 79.33 established under the Parentage Act, sections 257.51andto 79.34 257.74. 79.35 Sec. 76. Minnesota Statutes 2004, section 580.041, 79.36 subdivision 2, is amended to read: 80.1 Subd. 2. [CONTENT OF NOTICE.] The notice required by this 80.2 section must appear substantially as follows: 80.3 "Help For Homeowners in Foreclosure 80.4 Minnesota law requires that we send you this notice about 80.5 the foreclosure process. Please read it carefully. 80.6 Mortgage foreclosure is a complex process. Some people may 80.7 approach you about "saving" your home. You should be 80.8 careful about any such promises. 80.9 The state encourages you to become informed about your 80.10 options in foreclosure before entering into any agreements 80.11 with anyone in connection with the foreclosure of your 80.12 home. There are government agencies and nonprofit 80.13 organizations that you may contact for helpful information 80.14 about the foreclosure process. For the name and telephone 80.15 number of an organization near you please call the 80.16 MinnesotaHomeHousing Finance Agency (MHFA) at (insert 80.17 telephone number). The state does not guarantee the advice 80.18 of these agencies. 80.19 Do not delay dealing with the foreclosure because your 80.20 options may become more limited as time passes." 80.21 Sec. 77. Minnesota Statutes 2004, section 626.84, 80.22 subdivision 1, is amended to read: 80.23 Subdivision 1. [DEFINITIONS.] For purposes of sections 80.24 626.84 to 626.863, the following terms have the meanings given 80.25 them: 80.26 (a) "Board" means the Board of Peace Officer Standards and 80.27 Training. 80.28 (b) "Director" means the executive director of the board. 80.29 (c) "Peace officer" means: 80.30 (1) an employee or an elected or appointed official of a 80.31 political subdivision or law enforcement agency who is licensed 80.32 by the board, charged with the prevention and detection of crime 80.33 and the enforcement of the general criminal laws of the state 80.34 and who has the full power of arrest, and shall also include the 80.35 Minnesota State Patrol, agents of the Division of Alcohol and 80.36 Gambling Enforcement, state conservation officers, Metropolitan 81.1 Transit police officers, Department of Corrections' Fugitive 81.2 Apprehension Unit officers, and Department of Commerce Insurance 81.3 Fraud Unit officers; and 81.4 (2) a peace officer who is employed by a law enforcement 81.5 agency of a federally recognized tribe, as defined in United 81.6 States Code, title 25, section 450b(e), and who is licensed by 81.7 the board. 81.8 (d) "Constable" has the meaning assigned to it in section 81.9 367.40. 81.10 (e) "Deputy constable" has the meaning assigned to it in 81.11 section 367.40. 81.12 (f) "Part-time peace officer" means an individual licensed 81.13 by the board whose services are utilized by law enforcement 81.14 agencies no more than an average of 20 hours per week, not 81.15 including time spent on call when no call to active duty is 81.16 received, calculated on an annual basis, who has either full 81.17 powers of arrest or authorization to carry a firearm while on 81.18 active duty. The term shall apply even though the individual 81.19 receives no compensation for time spent on active duty, and 81.20 shall apply irrespective of the title conferred upon the 81.21 individual by any law enforcement agency.The limitation on the81.22average number of hours in which the services of a part-time81.23peace officer may be utilized shall not apply to a part-time81.24peace officer who has formally notified the board pursuant to81.25rules adopted by the board of the part-time peace officer's81.26intention to pursue the specialized training for part-time peace81.27officers who desire to become peace officers pursuant to81.28sections 626.843, subdivision 1, clause (g), and 626.845,81.29subdivision 1, clause (g).81.30 (g) "Reserve officer" means an individual whose services 81.31 are utilized by a law enforcement agency to provide 81.32 supplementary assistance at special events, traffic or crowd 81.33 control, and administrative or clerical assistance. A reserve 81.34 officer's duties do not include enforcement of the general 81.35 criminal laws of the state, and the officer does not have full 81.36 powers of arrest or authorization to carry a firearm on duty. 82.1 (h) "Law enforcement agency" means: 82.2 (1) a unit of state or local government that is authorized 82.3 by law to grant full powers of arrest and to charge a person 82.4 with the duties of preventing and detecting crime and enforcing 82.5 the general criminal laws of the state; and 82.6 (2) subject to the limitations in section 626.93, a law 82.7 enforcement agency of a federally recognized tribe, as defined 82.8 in United States Code, title 25, section 450b(e). 82.9 (i) "Professional peace officer education" means a 82.10 postsecondary degree program, or a nondegree program for persons 82.11 who already have a college degree, that is offered by a college 82.12 or university in Minnesota, designed for persons seeking 82.13 licensure as a peace officer, and approved by the board. 82.14 Sec. 78. Laws 2003, First Special Session chapter 11, 82.15 article 2, section 21, is amended to read: 82.16 Sec. 21. [INDEPENDENT STUDY ON INTERMITTENT RESOURCES.] 82.17 The commission shall order the electric utility subject to 82.18 Minnesota Statutes, section 216B.1691, subdivision76, to 82.19 contract with a firm selected by the commissioner of commerce 82.20 for an independent engineering study of the impacts of 82.21 increasing wind capacity on its system above the 825 megawatts 82.22 of nameplate wind energy capacity to which the utility is 82.23 already committed, to evaluate options available to manage the 82.24 intermittent nature of this renewable resource. The study shall 82.25 be completed by June 1, 2004, and incorporated into the 82.26 utility's next resource plan filing. The costs of the study, 82.27 options pursued by the utility to manage the intermittent nature 82.28 of wind energy, and the costs of complying with Minnesota 82.29 Statutes, section 216B.1691, subdivision 7, shall be recoverable 82.30 under Minnesota Statutes, section 216B.1645. 82.31 Sec. 79. Laws 2004, chapter 199, article 12, section 108, 82.32 is amended to read: 82.33 Sec. 108. [EFFECTIVE DATE.] 82.34 This act, except articles 14 and 15, is effective January 82.35 1, 2005. 82.36 Articles 14 and 15 are effective July 1, 2004. 83.1 [EFFECTIVE DATE.] This section is effective retroactively 83.2 from May 16, 2004. 83.3 Sec. 80. Laws 2004, chapter 261, article 6, section 5, is 83.4 amended to read: 83.5 Sec. 5. [EXPIRATION.] 83.6This articleSection 1 expires August 1, 2010. 83.7 Sec. 81. [AMENDMENT HAS NO EFFECT.] 83.8 The portion of Laws 2003, First Special Session chapter 14, 83.9 article 7, section 17, striking paragraph (e) of Minnesota 83.10 Statutes 2002, section 62J.692, subdivision 4, is of no effect. 83.11 Sec. 82. [REPEALER.] 83.12 Subdivision 1. [EXPIRED FEE.] Minnesota Statutes 2004, 83.13 section 115B.49, subdivision 4a, is repealed. 83.14 Subd. 2. [DUPLICATIVE METROPOLITAN COUNCIL 83.15 BOUNDARIES.] Laws 2003, chapter 8, section 2, is repealed. 83.16 Subd. 3. [TUITION REIMBURSEMENT.] Laws 2004, chapter 219, 83.17 section 1, is repealed. 83.18 Subd. 4. [PHARMACY BENEFITS.] Laws 2004, chapter 288, 83.19 article 3, section 5, is repealed. 83.20 Subd. 5. [OBSOLETE VETERANS AFFAIRS RULES.] Minnesota 83.21 Rules, parts 9055.0125; 9055.0500; 9055.0510; 9055.0520; 83.22 9055.0530; 9055.0540; 9055.0550; 9055.0560; 9055.0570; 83.23 9055.0580; 9055.0590; 9055.0600; and 9055.0610, are repealed. 83.24 Subd. 6. [OBSOLETE POST BOARD RULES.] Minnesota Rules, 83.25 parts 6700.0100, subpart 14; and 6700.1300, are repealed. 83.26 ARTICLE 2 83.27 OBSOLETE CONSTABLE AND MARSHAL PROVISIONS 83.28 Section 1. Minnesota Statutes 2004, section 345.14, is 83.29 amended to read: 83.30 345.14 [FEES OF COURT ADMINISTRATORS.] 83.31 For services performed under the provisions of this 83.32 chapter, court administrators of district court shall be allowed 83.33 $1 for each day, andconstablespeace officers the same fees as 83.34 are allowed by law for sales upon execution, and ten cents per 83.35 folio for making an inventory of the property. 83.36 Sec. 2. Minnesota Statutes 2004, section 346.05, is 84.1 amended to read: 84.2 346.05 [SALE OF ESTRAY.] 84.3 If no claimant for such estray shall cause its return to 84.4 the claimant as before provided, and if such estray shall not 84.5 have been appraised at more than $10, the finder shall thereupon 84.6 become the owner thereof; but, if such appraised value exceeds 84.7 $10, the estray shall be sold at public auction by anyconstable84.8 peace officer of the county on the request of the finder. 84.9 Notice thereof shall be given and the sale conducted and the 84.10 same fees allowed as in case of sales upon justice's execution. 84.11 The finder may bid at such sale, and at the time thereof shall 84.12 deliver to such officer a statement, in writing, of the finder's 84.13 charges. After deducting such charges, if reasonable, and the 84.14 costs of sale, the officer shall deposit the remainder of the 84.15 money, together with the written statement and a statement of 84.16 the costs of sale, with the county treasurer, taking the 84.17 treasurer's receipt therefor. If the finder of any such estray 84.18 shall fail to cause the sale to be made, the finder shall pay to 84.19 the town the value of the estray, to be recovered in an action 84.20 by the town. 84.21 Sec. 3. Minnesota Statutes 2004, section 626.84, 84.22 subdivision 1, is amended to read: 84.23 Subdivision 1. [DEFINITIONS.] For purposes of sections 84.24 626.84 to 626.863, the following terms have the meanings given 84.25 them: 84.26 (a) "Board" means the Board of Peace Officer Standards and 84.27 Training. 84.28 (b) "Director" means the executive director of the board. 84.29 (c) "Peace officer" means: 84.30 (1) an employee or an elected or appointed official of a 84.31 political subdivision or law enforcement agency who is licensed 84.32 by the board, charged with the prevention and detection of crime 84.33 and the enforcement of the general criminal laws of the state 84.34 and who has the full power of arrest, and shall also include the 84.35 Minnesota State Patrol, agents of the Division of Alcohol and 84.36 Gambling Enforcement, state conservation officers, Metropolitan 85.1 Transit police officers, Department of Corrections' Fugitive 85.2 Apprehension Unit officers, and Department of Commerce Insurance 85.3 Fraud Unit officers; and 85.4 (2) a peace officer who is employed by a law enforcement 85.5 agency of a federally recognized tribe, as defined in United 85.6 States Code, title 25, section 450b(e), and who is licensed by 85.7 the board. 85.8 (d)"Constable" has the meaning assigned to it in section85.9367.40.85.10(e) "Deputy constable" has the meaning assigned to it in85.11section 367.40.85.12(f)"Part-time peace officer" means an individual licensed 85.13 by the board whose services are utilized by law enforcement 85.14 agencies no more than an average of 20 hours per week, not 85.15 including time spent on call when no call to active duty is 85.16 received, calculated on an annual basis, who has either full 85.17 powers of arrest or authorization to carry a firearm while on 85.18 active duty. The term shall apply even though the individual 85.19 receives no compensation for time spent on active duty, and 85.20 shall apply irrespective of the title conferred upon the 85.21 individual by any law enforcement agency. The limitation on the 85.22 average number of hours in which the services of a part-time 85.23 peace officer may be utilized shall not apply to a part-time 85.24 peace officer who has formally notified the board pursuant to 85.25 rules adopted by the board of the part-time peace officer's 85.26 intention to pursue the specialized training for part-time peace 85.27 officers who desire to become peace officers pursuant to 85.28 sections 626.843, subdivision 1, clause (g), and 626.845, 85.29 subdivision 1, clause (g). 85.30(g)(e) "Reserve officer" means an individual whose 85.31 services are utilized by a law enforcement agency to provide 85.32 supplementary assistance at special events, traffic or crowd 85.33 control, and administrative or clerical assistance. A reserve 85.34 officer's duties do not include enforcement of the general 85.35 criminal laws of the state, and the officer does not have full 85.36 powers of arrest or authorization to carry a firearm on duty. 86.1(h)(f) "Law enforcement agency" means: 86.2 (1) a unit of state or local government that is authorized 86.3 by law to grant full powers of arrest and to charge a person 86.4 with the duties of preventing and detecting crime and enforcing 86.5 the general criminal laws of the state; and 86.6 (2) subject to the limitations in section 626.93, a law 86.7 enforcement agency of a federally recognized tribe, as defined 86.8 in United States Code, title 25, section 450b(e). 86.9(i)(g) "Professional peace officer education" means a 86.10 postsecondary degree program, or a nondegree program for persons 86.11 who already have a college degree, that is offered by a college 86.12 or university in Minnesota, designed for persons seeking 86.13 licensure as a peace officer, and approved by the board. 86.14 Sec. 4. [REVISOR'S INSTRUCTION.] 86.15 Subdivision 1. [LAW ENFORCEMENT AGENCY DEFINITION.] The 86.16 revisor of statutes shall change the reference "626.84, 86.17 subdivision 1, paragraph (h)" to "626.84, subdivision 1, 86.18 paragraph (f)" in Minnesota Statutes, sections 45.0135, 86.19 subdivision 2a; 364.09, paragraph (a); 473.407, subdivision 1; 86.20 241.025, subdivision 1; 626.8453, subdivision 1, paragraph (b); 86.21 626.90, subdivision 2, paragraph (a); 626.91, subdivision 1, 86.22 paragraph (a); 626.92, subdivision 2; and 626.93, subdivision 2, 86.23 clause (1), and change the reference from "626.84, subdivision 86.24 1, paragraph (f)" or "clause (f)" to "626.84, subdivision 1, 86.25 paragraph (d)" in Minnesota Statutes, sections 473.407, 86.26 subdivision 4; 241.025, subdivision 4; and 629.34, subdivision 1. 86.27 Subd. 2. [CONSTABLES AND MARSHALS.] In the following 86.28 sections, the revisor of statutes shall delete references to the 86.29 terms "constable," "deputy constable," "marshal," "city 86.30 marshals," and "statutory city marshal" and make changes 86.31 necessary to correct the punctuation, grammar, or structure of 86.32 the remaining text and preserve its meaning: 38.01; 97A.205; 86.33 103B.645; 103B.683; 115.32, subdivision 3; 136F.53, subdivision 86.34 5; 169.965, subdivisions 4 and 5; 169.966, subdivisions 4 and 5; 86.35 169A.03, subdivision 18; 176.011, subdivision 9; 192.68, 86.36 subdivision 1; 192.85; 260C.148, subdivision 3; 299C.03; 87.1 299C.06; 299D.03, subdivision 1; 325E.21, subdivision 1; 87.2 326.3384, subdivision 1; 327.76, subdivision 3; 329.14; 330.06; 87.3 332.37; 345.04; 345.05; 346.14; 346.17; 346.18; 347.14, 87.4 subdivisions 1 and 2; 349.33; 359.11; 382.27; 395.23; 398.13; 87.5 412.861, subdivision 1; 458D.18, subdivision 4; 473.608, 87.6 subdivision 17; 504B.331; 504B.361, subdivision 1; 504B.375, 87.7 subdivision 1; 514.22; 514.58; 518B.01, subdivisions 6 and 9; 87.8 541.06; 561.07; 617.27; 624.24; 624.62; 626.848; 626.862; 87.9 626.863; 626.88; and 631.04. 87.10 Sec. 5. [REPEALER.] 87.11 Minnesota Statutes 2004, sections 306.13; 315.43; 317A.909, 87.12 subdivision 4; 357.12; 367.40, subdivisions 3 and 4; 367.401, 87.13 subdivision 4; 367.42; and 398.35, subdivision 2, are repealed. 87.14 ARTICLE 3 87.15 UPDATING AND CONFORMING FINES 87.16 Section 1. Minnesota Statutes 2004, section 17.43, is 87.17 amended to read: 87.18 17.43 [VIOLATIONS; PENALTIES.] 87.19 Any person violating section 17.42, shall beis guilty of a 87.20 gross misdemeanorand shall be fined not less than $250 or be87.21imprisoned for not less than 60 days, or both. 87.22 Sec. 2. Minnesota Statutes 2004, section 28.15, is amended 87.23 to read: 87.24 28.15 [PENALTIES.] 87.25 Any person, firm, or corporation violating any provision of 87.26 this chapter relating to cold storage warehousingshall beis 87.27 guilty of agrossmisdemeanorand, upon conviction, punishedfor 87.28thea first offenseby a fine of not to exceed $700 or by87.29imprisonment in the jail of the proper county for a period of87.30not more than three months, or by both such fine and87.31imprisonment,and for the second or subsequent offenseby a fine87.32of not to exceed $3,000 or by imprisonment in the jail of the87.33proper county for a period of not to exceed one year or by both87.34such fine and imprisonment, is guilty of a gross misdemeanor. 87.35 Sec. 3. Minnesota Statutes 2004, section 32.645, is 87.36 amended to read: 88.1 32.645 [PENALTIES.] 88.2 Subdivision 1. [GROSS MISDEMEANOR; LICENSE REVOCATION.] 88.3 Any person licensed under the provisions of sections 28A.04, 88.4 28A.14, 32.56, and 32.59, who knowingly violates, or who directs 88.5 or knowingly permits any officer, agent, or employee to violate 88.6 section 32.62, subdivision 2, clause (1) or (3),shall beis 88.7 guilty of a gross misdemeanorand upon conviction thereof, be88.8punished by a fine of not more than $3,000, or 30 days88.9imprisonment in the county jail, or both. For each subsequent 88.10 offense, in addition to any fine or imprisonment imposed under 88.11 this subdivision, upon conviction thereof, the commissioner of 88.12 agriculture shall revoke or withhold issuing to such offender 88.13 any license required under the provisions of sections 28A.04, 88.14 28A.14, 32.56, and 32.59, and in such case of revocation of 88.15 license the commissioner shall not issue any license for the 88.16 operation of such frozen food manufacturing plant for a period 88.17 of one year from the date of such revocation. 88.18 Subd. 2. [LESSER PENALTIES.] Any person violating section 88.19 32.62, subdivision 2, clause (2) or (4), for each first 88.20 offenseshall, upon conviction thereof, be punished by a fine of88.21not less than $25 nor more than $200is guilty of a petty 88.22 misdemeanor and for each subsequent offense,upon conviction88.23thereof, by a fine of not less than $100 nor more than $250, or88.2430 days imprisonment in the county jail, or bothis guilty of a 88.25 misdemeanor. 88.26 Sec. 4. Minnesota Statutes 2004, section 64B.37, 88.27 subdivision 2, is amended to read: 88.28 Subd. 2. [FALSE OR FRAUDULENT STATEMENTS OR 88.29 REPRESENTATIONS.] Any person, officer, member, or examining 88.30 physician, whoshallknowingly or willfullymakemakes any false 88.31 or fraudulent statement or representation in, or with reference 88.32 to, any application for membership for the purpose of obtaining 88.33 money from or benefit in any society transacting business under 88.34 this chaptershall beis guilty of a misdemeanor: 88.35 (1) any person whoshallwillfullymakemakes a false 88.36 statement of any material fact or thing in a sworn statement as 89.1 to the death or disability of a certificate holder in any such 89.2 society, for the purpose of procuring payment of a benefit named 89.3 in the certificate of such holder, and any person whoshall89.4 willfullymakemakes any false statement and any verified report 89.5 or declaration under oath, required or authorized under this 89.6 chapter,shall beis guilty of perjury and shall be proceeded 89.7 against and punished as provided by the statutes of this state 89.8 in relation to the crime of perjury; 89.9 (2) any person whoshall solicitsolicits membership for, 89.10 or in any manner assist in procuring membership in, any society 89.11 not licensed to do business in this state, or whoshall solicit89.12 solicits membership for or in any manner assist in procuring 89.13 membership in, any such society not authorized to do business in 89.14 this state,shall beis guilty of a misdemeanor; and, upon89.15conviction thereof, punished by fine of not more than $200; 89.16 (3) any society, or any officer, agent, or employee 89.17 thereof, neglecting, refusing to comply with, or violating, any 89.18 of the provisions of this chapter, the penalty for which 89.19 neglect, refusal, or violation is not specified in this section, 89.20 shall be fined notexceeding $200 upon conviction thereofmore 89.21 than $1,000. 89.22 Sec. 5. Minnesota Statutes 2004, section 116J.871, 89.23 subdivision 3, is amended to read: 89.24 Subd. 3. [PREVAILING WAGE; PENALTY.] It is a misdemeanor 89.25 for a person who has certified that prevailing wages will be 89.26 paid to laborers and mechanics under subdivision 2 to 89.27 subsequently fail to pay the prevailing wage.This misdemeanor89.28is punishable by a fine of not more than $1,000, or imprisonment89.29for not more than 90 days, or both.Each day a violation of 89.30 this subdivision continues is a separate offense. 89.31 Sec. 6. Minnesota Statutes 2004, section 127A.10, is 89.32 amended to read: 89.33 127A.10 [STATE OFFICIALS AND SCHOOL BOARD MEMBERS TO BE 89.34 DISINTERESTED; PENALTY.] 89.35 If the commissioner of education, an assistant or any 89.36 employee connected with the commissioner's office, or any member 90.1 of any school board shall accept or receive any money, gift or 90.2 any property, or favor from any person, firm, or corporation 90.3 offering for sale any textbooks, or any agent thereof, or from 90.4 any person in any way interested in the sale of textbooks, the 90.5 person accepting or receiving itshall, upon conviction, be90.6punished by a fine not exceeding $1,000, or by imprisonment in90.7the county jail for not more than six months, or both by such90.8fine and imprisonmentis guilty of a gross misdemeanor. 90.9 Sec. 7. Minnesota Statutes 2004, section 137.09, is 90.10 amended to read: 90.11 137.09 [BOARD OF REGENTS NOT TO EXCEED APPROPRIATIONS; 90.12 PENALTY.] 90.13 It shall be unlawful for the Board of Regents to permit any 90.14 expenditures for any purpose in excess of the amount 90.15 appropriated or contemplated by law and any member or agent of 90.16 the board violating this provisionshall beis guilty of a gross 90.17 misdemeanor; and, upon conviction, fined not less than $100 nor90.18more than $3,000, or be imprisoned in the county jail for not90.19less than six months, or by both fine and imprisonment. 90.20 Sec. 8. Minnesota Statutes 2004, section 152.027, 90.21 subdivision 4, is amended to read: 90.22 Subd. 4. [POSSESSION OR SALE OF SMALL AMOUNTS OF 90.23 MARIJUANA.] (a) A person who unlawfully sells a small amount of 90.24 marijuana for no remuneration, or who unlawfully possesses a 90.25 small amount of marijuana is guilty of a petty misdemeanor 90.26punishable by a fine of up to $200and participation in a drug 90.27 education program unless the court enters a written finding that 90.28 a drug education program is inappropriate. The program must be 90.29 approved by an area mental health board with a curriculum 90.30 approved by the state alcohol and drug abuse authority. 90.31 (b) A person convicted of an unlawful sale under paragraph 90.32 (a) who is subsequently convicted of an unlawful sale under 90.33 paragraph (a) within two years is guilty of a misdemeanor and 90.34 shall be required to participate in a chemical dependency 90.35 evaluation and treatment if so indicated by the evaluation. 90.36 (c) A person who is convicted of a petty misdemeanor under 91.1 paragraph (a) who willfully and intentionally fails to comply 91.2 with the sentence imposed, is guilty of a misdemeanor. 91.3 Compliance with the terms of the sentence imposed before 91.4 conviction under this paragraph is an absolute defense. 91.5 Sec. 9. Minnesota Statutes 2004, section 155A.16, is 91.6 amended to read: 91.7 155A.16 [VIOLATIONS; PENALTIES.] 91.8 Any person who violates any of the provisions of sections 91.9 155A.01 to 155A.16 is guilty of a misdemeanorand upon91.10conviction may be sentenced to imprisonment for not more than 9091.11days or fined not more than $700, or both, per violation. 91.12 Sec. 10. Minnesota Statutes 2004, section 168.275, is 91.13 amended to read: 91.14 168.275 [SALE OF MOTOR VEHICLE ON SUNDAY FORBIDDEN.] 91.15 Any person who shall carry on or engage in the business of 91.16 buying, selling, exchanging, dealing in or trading in new or 91.17 used motor vehicles; or who shall open any place of business or 91.18 lot wherein the person attempts to or does engage in the 91.19 business of buying, selling, exchanging, dealing or trading in 91.20 new or used motor vehicles; or who does buy, sell, exchange, 91.21 deal or trade in new or used motor vehicles as a business on the 91.22 first day of the week, commonly known and designated as Sunday, 91.23 is guilty of a misdemeanor for the first offense, and a gross 91.24 misdemeanor for each succeeding offense.Such a person upon91.25conviction for the first offense shall pay a fine not to exceed91.26$1,000 or be imprisoned for a period of not more than ten days;91.27and for the second offense shall pay a fine not to exceed $3,00091.28or be imprisoned for a period of not more than 30 days or both;91.29and for the third or each subsequent offense shall pay a fine of91.30not more than $3,000 or be imprisoned for a period of not more91.31than six months or both.This section does not apply to the 91.32 sale of (1) trailers designed and used primarily to transport 91.33 watercraft, as defined in section 86B.005, subdivision 18, (2) 91.34 trailers designed and used primarily to transport all-terrain 91.35 vehicles, as defined in section 84.92, subdivision 8, (3) 91.36 trailers designed and used primarily to transport snowmobiles as 92.1 defined in section 84.81, subdivision 3, or (4) utility trailers 92.2 as defined in section 168.27, subdivision 20. 92.3 Sec. 11. Minnesota Statutes 2004, section 169.21, 92.4 subdivision 2, is amended to read: 92.5 Subd. 2. [RIGHTS IN ABSENCE OF SIGNAL.] (a) Where 92.6 traffic-control signals are not in place or in operation, the 92.7 driver of a vehicle shall stop to yield the right-of-way to a 92.8 pedestrian crossing the roadway within a marked crosswalk or at 92.9 an intersection with no marked crosswalk. The driver must 92.10 remain stopped until the pedestrian has passed the lane in which 92.11 the vehicle is stopped. No pedestrian shall suddenly leave a 92.12 curb or other place of safety and walk or run into the path of a 92.13 vehicle which is so close that it is impossible for the driver 92.14 to yield. This provision shall not apply under the conditions 92.15 as otherwise provided in this subdivision. 92.16 (b) When any vehicle is stopped at a marked crosswalk or at 92.17 an intersection with no marked crosswalk to permit a pedestrian 92.18 to cross the roadway, the driver of any other vehicle 92.19 approaching from the rear shall not overtake and pass the 92.20 stopped vehicle. 92.21 (c) It is unlawful for any person to drive a motor vehicle 92.22 through a column of school children crossing a street or highway 92.23 or past a member of a school safety patrol or adult crossing 92.24 guard, while the member of the school safety patrol or adult 92.25 crossing guard is directing the movement of children across a 92.26 street or highway and while the school safety patrol member or 92.27 adult crossing guard is holding an official signal in the stop 92.28 position. A peace officer may arrest the driver of a motor 92.29 vehicle if the peace officer has probable cause to believe that 92.30 the driver has operated the vehicle in violation of this 92.31 paragraph within the past four hours. 92.32 (d) A person who violates this subdivision is guilty of a 92.33 misdemeanorand may be sentenced to imprisonment for not more92.34than 90 days or to payment of a fine of not more than $1,000, or92.35both. A person who violates this subdivision a second or 92.36 subsequent time within one year of a previous conviction under 93.1 this subdivision is guilty of a gross misdemeanorand may be93.2sentenced to imprisonment for not more than one year or to93.3payment of a fine of not more than $3,000, or both. 93.4 Sec. 12. Minnesota Statutes 2004, section 181.30, is 93.5 amended to read: 93.6 181.30 [DUTY OF DEPARTMENT OF TRANSPORTATION.] 93.7 Any officer of any railroad company in the state violating 93.8 any of the provisions of section 181.29shall beis guilty of a 93.9 misdemeanor; and, upon conviction, punished by a fine of not93.10less than $100, and not more than $1,000, for each offense, or93.11by imprisonment in the county jail not more than 60 days, or93.12both fine and imprisonment, at the discretion of the court. It 93.13 shall be the duty of the state Department of Transportation, 93.14 upon complaint properly filed with it alleging a violation of 93.15 section 181.29, to make a full investigation in relation 93.16 thereto, and for such purpose it shall have the power to 93.17 administer oaths, interrogate witnesses, take testimony and 93.18 require the production of books and papers, and if such report 93.19 shall show a violation of the provisions of section 181.29, the 93.20 Department of Transportation shall, through the attorney 93.21 general, begin the prosecution of all parties against whom 93.22 evidence of such violation is found; but section 181.29 shall 93.23 not be construed to prevent any other person from beginning 93.24 prosecution for the violation of the provisions thereof. 93.25 Sec. 13. Minnesota Statutes 2004, section 219.57, 93.26 subdivision 6, is amended to read: 93.27 Subd. 6. [MISDEMEANOR.] A railroad company violating this 93.28 section is guilty of a misdemeanorpunishable by a fine of not93.29less than $50 nor more than $200and may be assessed costs of 93.30 prosecution for each offense. 93.31 A railroad employee violating this section is guilty of a 93.32 misdemeanorpunishable by a fine of not less than $50 nor more93.33than $100and may be assessed costs of prosecutionor by93.34imprisonment in the county jail not exceeding 90 days. 93.35 Sec. 14. Minnesota Statutes 2004, section 234.23, is 93.36 amended to read: 94.1 234.23 [VIOLATION; PENALTY.] 94.2 A person unlawfully removing, breaking, or interfering or 94.3 tampering with a seal, lock, or other fastening placed upon a 94.4 granary, crib, bin, or other receptacle for grain under this 94.5 chapter, except when the removal is imperative to prevent the 94.6 damage, loss, or destruction of stored grain, is guilty of a 94.7crime punishable by a fine of not less than $100 or more than94.8$1,000 or by imprisonment in the county jail for not more than94.9six months, or bothgross misdemeanor. 94.10 Sec. 15. Minnesota Statutes 2004, section 235.10, is 94.11 amended to read: 94.12 235.10 [UNLAWFUL DISCRIMINATION IN SALE OR PURCHASE OF 94.13 GRAIN.] 94.14 A person, firm, copartnership, or corporation engaged in 94.15 the business of buying grain, either for itself or others, may 94.16 not, with the intention of creating a monopoly or destroying the 94.17 business of a competitor, discriminate between different 94.18 localities, of this state by purchasing grain of a particular 94.19 grade and condition at a higher price or rate in one locality 94.20 than in another after making due allowance for the difference, 94.21 if any, in actual cost of transportation from the locality of 94.22 purchase, to the locality of manufacture, use, or distribution. 94.23 Violation of this section isunfair discrimination, punishable94.24by a fine up to $1,000 or by imprisonment in the county jail up94.25to six monthsa gross misdemeanor. 94.26 Sec. 16. Minnesota Statutes 2004, section 235.13, is 94.27 amended to read: 94.28 235.13 [VIOLATIONS; PENALTIES.] 94.29 Violation of chapters 216 to 235, if no specific penalty is 94.30 prescribed, is a gross misdemeanor, punishable by a fine of not94.31less than $50 nor more than $700. 94.32 Sec. 17. Minnesota Statutes 2004, section 325F.40, is 94.33 amended to read: 94.34 325F.40 [VIOLATIONS; PENALTIES.] 94.35 Any person, company, or corporation violating any of the 94.36 provisions of sections 325F.35 to 325F.39shall be deemedis 95.1 guilty of a misdemeanor; and, upon conviction thereof, for the95.2first offense, punished by a fine of not less than $25 nor more95.3than $50 and for each subsequent offense by a fine of not less95.4than $50 nor more than $200. 95.5 Sec. 18. Minnesota Statutes 2004, section 329.17, is 95.6 amended to read: 95.7 329.17 [VIOLATIONS; PENALTIES.] 95.8 Subdivision 1. [GROSS MISDEMEANOR.] Every person, either 95.9 as principal or agent, who shall in any manner engage in, do, or 95.10 transact any business as a transient merchant, without having 95.11 first obtained a license, or who shall conduct any sale, or who 95.12 shall sell or expose for sale any goods, wares, and merchandise 95.13 contrary to the provisions of sections 329.10 to 329.16, or who 95.14 shall advertise, represent, or hold forth any sale of goods, 95.15 wares, and merchandise, to be conducted contrary to the 95.16 provisions of sections 329.10 to 329.16,shall beis guilty of a 95.17 gross misdemeanor. 95.18 Subd. 2. [MISDEMEANOR.] Every person who shall engage in 95.19 or follow the business of a hawker or peddler without having 95.20 first obtained a licenseshall beis guilty of a misdemeanor;95.21and upon conviction thereof punished by a fine of not less than95.22$15 nor more than $100 or in default of the payment of such fine95.23by imprisonment in the county jail of the county of conviction95.24for a period of not exceeding 60 days for each offense. 95.25 Sec. 19. Minnesota Statutes 2004, section 333.135, is 95.26 amended to read: 95.27 333.135 [IMPROPER USE OF INSIGNIA.] 95.28 Every person who shall willfully wear the insignia or 95.29 rosette of the military order of the Loyal Legion of the United 95.30 States, or the badge or button of the American Legion, the 95.31 Veterans of Foreign Wars, the Disabled American Veterans of the 95.32 World War, or of any other veterans' organization, or any 95.33 similitude thereof; or who shall willfully wear any badge, 95.34 emblem, or insignia pertaining to the order of Masons, Odd 95.35 Fellows, Knights of Pythias, or any other secret order or 95.36 society, or any similitude thereof; or who shall use any such 96.1 badge, button, or insignia to obtain aid or assistance, or who 96.2 shall use the name of any such order or society for gain, unless 96.3 entitled to so use the same under the constitution, bylaws, 96.4 rules, and regulations of such order,shall beis guilty of a 96.5 misdemeanorand shall be punished by imprisonment in the county96.6jail for not more than 60 days or by a fine of not more than $5096.7or by both. 96.8 Sec. 20. Minnesota Statutes 2004, section 395.22, is 96.9 amended to read: 96.10 395.22 [PENALTY FOR VIOLATION.] 96.11 Any person who shall, contrary to the provisions of 96.12 sections 395.14 to 395.24, sell, transfer, take, or carry away, 96.13 or in any manner dispose of, the seed or feed, or any part 96.14 thereof, furnished by the county under sections 395.14 to 395.24 96.15 or shall use or dispose of such seed or feed, or any part 96.16 thereof, for any other purpose than that of planting or sowing 96.17 with same as stated in the application and contract, or shall 96.18 sell, transfer, take, or carry away, or in any manner dispose 96.19 of, the crop or any part thereof, produced from the sowing or 96.20 planting of such seed, before the same is paid for,shall beis 96.21 guilty of a misdemeanor; and upon conviction thereof shall pay a96.22fine of not less than $50 nor more than $100 or may be96.23imprisoned in the county jail for a term of not less than 30 nor96.24more than 90 days,and shall pay all the costs of prosecution, 96.25 and whoever under any of the provisions of sections 395.14 to 96.26 395.24 shall be found guilty of false swearing shall be deemed 96.27 to have committed perjury and shall upon conviction suffer the 96.28 pains and penalties of that crime. Upon the filing of the 96.29 contract in the office of the county recorder, and the sowing of 96.30 the seed obtained therefor, the title and right of possession to 96.31 the growing crop and to the grain produced from the seed shall 96.32 be in the county which shall have furnished the seed until the 96.33 debt incurred for such seed or feed, shall have been paid, and 96.34 any seizure thereof or interference therewith except by the 96.35 applicant and those in the applicant's employ, for the purpose 96.36 of harvesting, threshing, and marketing the same to pay such 97.1 debt, shall be deemed a conversion thereof and treble damages 97.2 may be recovered against the person so converting the same by 97.3 the county furnishing such seed and feed. 97.4 Sec. 21. Minnesota Statutes 2004, section 481.05, is 97.5 amended to read: 97.6 481.05 [VIOLATIONS; PENALTIES.] 97.7 Subdivision 1. [MISDEMEANOR.] Any attorney at law who 97.8shall violateviolates section 481.03shall beis guilty of a 97.9 misdemeanorand punished by a fine of not less than $50 nor more97.10than $100 or by imprisonment in the county jail for not more97.11than 90 days. 97.12 Subd. 2. [MISDEMEANOR.] Any person whoshall violate97.13 violates section 481.04shall beis guilty of a misdemeanorand97.14punished by a fine of not less than $50 nor more than $100 or by97.15imprisonment in the county jail for not to exceed 90 days. 97.16 Sec. 22. Minnesota Statutes 2004, section 624.64, is 97.17 amended to read: 97.18 624.64 [ACROBATIC EXHIBITIONS.] 97.19 Every proprietor, occupant, or lessee of any place where 97.20 acrobatic exhibitions are held, who shall permit any person to 97.21 perform on any trapeze, rope, pole, or other acrobatic 97.22 contrivance, without network, or other sufficient means of 97.23 protection from falling or other accident,shall beis guilty of 97.24 a gross misdemeanor, and, for the first offense, punished by a97.25fine of $250 and for each subsequent offense by a fine of $25097.26and imprisonment in the county jail for not less than three97.27months nor more than one year. 97.28 Sec. 23. Minnesota Statutes 2004, section 624.67, is 97.29 amended to read: 97.30 624.67 [FALSE CERTIFICATE OF REGISTRATION OF ANIMALS; FALSE 97.31 REPRESENTATION AS TO BREED.] 97.32 Every person who by any false pretense shall obtain from 97.33 any club, association, society, or company for the improvement 97.34 of the breed of cattle, horses, sheep, swine, fowls, or other 97.35 domestic animals, or birds, a certificate of registration of any 97.36 animal in the herd, or other register of any such association, 98.1 society, or company, or a transfer of any such registration, and 98.2 every person who shall knowingly represent any animal used for 98.3 breeding purposes to be of a greater degree of any particular 98.4 strain of blood than such animal actually possesses,shall beis 98.5 guilty of a gross misdemeanor, and punished by imprisonment in98.6the county jail for not more than six months, or by a fine of98.7not more than $250. 98.8 Sec. 24. Minnesota Statutes 2004, section 629.11, is 98.9 amended to read: 98.10 629.11 [VIOLATION A GROSS MISDEMEANOR.] 98.11 Any officer who shall deliver to the agent for extradition 98.12 of the demanding state a person in custody under the governor's 98.13 warrant in willful disobedience to section 629.10shall beis 98.14 guilty of a gross misdemeanor; and upon conviction shall be98.15fined not more than $3,000 or be imprisoned for not more than98.16six months. 98.17 Sec. 25. Minnesota Statutes 2004, section 631.04, is 98.18 amended to read: 98.19 631.04 [EXCLUDING MINORS FROM ATTENDANCE AT CRIMINAL 98.20 TRIALS; DUTY OF OFFICER; PENALTY.] 98.21 A minor under the age of 17 who is not a party to, witness 98.22 in, or directly interested in a criminal prosecution or trial 98.23 before a district court, may not be present at the trial. A 98.24 police officer, constable, sheriff, or other officer in charge 98.25 of a court and attending upon the trial of a criminal case in 98.26 the court, shall exclude a minor under age of 17 from the room 98.27 in which the trial is being held. This section does not apply 98.28 when the minor is permitted to attend by order of the court 98.29 before which the trial is being held. A police officer, 98.30 constable, sheriff, or deputy sheriff who knowingly neglects or 98.31 refuses to carry out the provisions of this section is guilty of 98.32 a misdemeanorand shall be punished by a fine of not less than98.33$10 nor more than $25. 98.34 ARTICLE 4 98.35 GUARDIANSHIP AND CONSERVATORSHIP 98.36 Section 1. Minnesota Statutes 2004, section 144.6501, 99.1 subdivision 1, is amended to read: 99.2 Subdivision 1. [DEFINITIONS.] For purposes of this 99.3 section, the following terms have the meanings given them. 99.4 (a) "Facility" means a nursing home licensed under chapter 99.5 144A or a boarding care facility licensed under sections 144.50 99.6 to 144.58. 99.7 (b) "Contract of admission," "admission contract," or 99.8 "admission agreement," includes, but is not limited to, all 99.9 documents that a resident or resident's representative must sign 99.10 at the time of, or as a condition of, admission to the 99.11 facility. Oral representations and statements between the 99.12 facility and the resident or resident's representative are not 99.13 part of the contract of admission unless expressly contained in 99.14 writing in those documents. The contract of admission must 99.15 specify the obligations of the resident or the responsible party. 99.16 (c) "Legal representative" means an attorney-in-fact under 99.17 a valid power of attorney executed by the prospective resident, 99.18 or a conservator or guardianof the person or of the estate99.19 appointed for the prospective resident, or a representative 99.20 payee appointed for the prospective resident, or other agent of 99.21 limited powers. 99.22 (d) "Responsible party" means a person who has access to 99.23 the resident's income and assets and who agrees to apply the 99.24 resident's income and assets to pay for the resident's care or 99.25 who agrees to make and complete an application for medical 99.26 assistance on behalf of the resident. 99.27 Sec. 2. Minnesota Statutes 2004, section 145B.04, is 99.28 amended to read: 99.29 145B.04 [SUGGESTED FORM.] 99.30 A living will executed after August 1, 1989, under this 99.31 chapter must be substantially in the form in this section. 99.32 Forms printed for public distribution must be substantially in 99.33 the form in this section. 99.34 "Health Care Living Will 99.35 Notice: 99.36 This is an important legal document. Before signing this 100.1 document, you should know these important facts: 100.2 (a) This document gives your health care providers or your 100.3 designated proxy the power and guidance to make health care 100.4 decisions according to your wishes when you are in a terminal 100.5 condition and cannot do so. This document may include what kind 100.6 of treatment you want or do not want and under what 100.7 circumstances you want these decisions to be made. You may 100.8 state where you want or do not want to receive any treatment. 100.9 (b) If you name a proxy in this document and that person 100.10 agrees to serve as your proxy, that person has a duty to act 100.11 consistently with your wishes. If the proxy does not know your 100.12 wishes, the proxy has the duty to act in your best interests. 100.13 If you do not name a proxy, your health care providers have a 100.14 duty to act consistently with your instructions or tell you that 100.15 they are unwilling to do so. 100.16 (c) This document will remain valid and in effect until and 100.17 unless you amend or revoke it. Review this document 100.18 periodically to make sure it continues to reflect your 100.19 preferences. You may amend or revoke the living will at any 100.20 time by notifying your health care providers. 100.21 (d) Your named proxy has the same right as you have to 100.22 examine your medical records and to consent to their disclosure 100.23 for purposes related to your health care or insurance unless you 100.24 limit this right in this document. 100.25 (e) If there is anything in this document that you do not 100.26 understand, you should ask for professional help to have it 100.27 explained to you. 100.28 TO MY FAMILY, DOCTORS, AND ALL THOSE CONCERNED WITH MY CARE: 100.29 I, .........................., born on ........ 100.30 (birthdate), being an adult of sound mind, willfully and 100.31 voluntarily make this statement as a directive to be followed if 100.32 I am in a terminal condition and become unable to participate in 100.33 decisions regarding my health care. I understand that my health 100.34 care providers are legally bound to act consistently with my 100.35 wishes, within the limits of reasonable medical practice and 100.36 other applicable law. I also understand that I have the right 101.1 to make medical and health care decisions for myself as long as 101.2 I am able to do so and to revoke this living will at any time. 101.3 (1) The following are my feelings and wishes regarding my 101.4 health care (you may state the circumstances under which this 101.5 living will applies): 101.6 ................................................................ 101.7 ................................................................ 101.8 ................................................................ 101.9 ................................................................ 101.10 (2) I particularly want to have all appropriate health care 101.11 that will help in the following ways (you may give instructions 101.12 for care you do want): 101.13 ................................................................. 101.14 ................................................................. 101.15 ................................................................. 101.16 ................................................................. 101.17 (3) I particularly do not want the following (you may list 101.18 specific treatment you do not want in certain circumstances): 101.19 ................................................................. 101.20 ................................................................. 101.21 (4) I particularly want to have the following kinds of 101.22 life-sustaining treatment if I am diagnosed to have a terminal 101.23 condition (you may list the specific types of life-sustaining 101.24 treatment that you do want if you have a terminal condition): 101.25 ............................................................... 101.26 ............................................................... 101.27 ............................................................... 101.28 ............................................................... 101.29 (5) I particularly do not want the following kinds of 101.30 life-sustaining treatment if I am diagnosed to have a terminal 101.31 condition (you may list the specific types of life-sustaining 101.32 treatment that you do not want if you have a terminal condition): 101.33 ............................................................... 101.34 ............................................................... 101.35 ............................................................... 101.36 ............................................................... 102.1 (6) I recognize that if I reject artificially administered 102.2 sustenance, then I may die of dehydration or malnutrition rather 102.3 than from my illness or injury. The following are my feelings 102.4 and wishes regarding artificially administered sustenance should 102.5 I have a terminal condition (you may indicate whether you wish 102.6 to receive food and fluids given to you in some other way than 102.7 by mouth if you have a terminal condition): 102.8 ............................................................... 102.9 ............................................................... 102.10 ............................................................... 102.11 ............................................................... 102.12 (7) Thoughts I feel are relevant to my instructions. (You 102.13 may, but need not, give your religious beliefs, philosophy, or 102.14 other personal values that you feel are important. You may also 102.15 state preferences concerning the location of your care.) 102.16 ............................................................... 102.17 ............................................................... 102.18 ............................................................... 102.19 ............................................................... 102.20 (8) Proxy Designation. (If you wish, you may name someone 102.21 to see that your wishes are carried out, but you do not have to 102.22 do this. You may also name a proxy without including specific 102.23 instructions regarding your care. If you name a proxy, you 102.24 should discuss your wishes with that person.) 102.25 If I become unable to communicate my instructions, I 102.26 designate the following person(s) to act on my behalf 102.27 consistently with my instructions, if any, as stated in this 102.28 document. Unless I write instructions that limit my proxy's 102.29 authority, my proxy has full power and authority to make health 102.30 care decisions for me. If a guardianor conservator of the102.31personis to be appointed for me, I nominate my proxy named in 102.32 this document to act as my guardianor conservator of my person. 102.33 Name: ................................................. 102.34 Address: .............................................. 102.35 Phone Number: ......................................... 102.36 Relationship: (If any) ................................ 103.1 If the person I have named above refuses or is unable or 103.2 unavailable to act on my behalf, or if I revoke that person's 103.3 authority to act as my proxy, I authorize the following person 103.4 to do so: 103.5 Name: ..................................................... 103.6 Address: .................................................. 103.7 Phone Number: ............................................. 103.8 Relationship: (If any) .................................... 103.9 I understand that I have the right to revoke the 103.10 appointment of the persons named above to act on my behalf at 103.11 any time by communicating that decision to the proxy or my 103.12 health care provider. 103.13 (9) Organ Donation After Death. (If you wish, you may 103.14 indicate whether you want to be an organ donor upon your 103.15 death.) Initial the statement which expresses your wish: 103.16 ..... In the event of my death, I would like to donate my 103.17 organs. I understand that to become an organ donor, I must be 103.18 declared brain dead. My organ function may be maintained 103.19 artificially on a breathing machine, (i.e., artificial 103.20 ventilation), so that my organs can be removed. 103.21 Limitations or special wishes: (If any) .................. 103.22 ................................................................. 103.23 ................................................................. 103.24 I understand that, upon my death, my next of kin may be 103.25 asked permission for donation. Therefore, it is in my best 103.26 interests to inform my next of kin about my decision ahead of 103.27 time and ask them to honor my request. 103.28 I (have) (have not) agreed in another document or on 103.29 another form to donate some or all of my organs when I die. 103.30 ..... I do not wish to become an organ donor upon my death. 103.31 DATE: ..................................................... 103.32 SIGNED: .................................................... 103.33 STATE OF ......................... 103.34 ................................... 103.35 COUNTY OF ........................ 103.36 Subscribed, sworn to, and acknowledged before me by 104.1 .......... on this ..... day of ............, ..... 104.2 104.3 ......................................... 104.4 NOTARY PUBLIC 104.5 OR 104.6 (Sign and date here in the presence of two adult witnesses, 104.7 neither of whom is entitled to any part of your estate under a 104.8 will or by operation of law, and neither of whom is your proxy.) 104.9 I certify that the declarant voluntarily signed this living 104.10 will in my presence and that the declarant is personally known 104.11 to me. I am not named as a proxy by the living will, and to the 104.12 best of my knowledge, I am not entitled to any part of the 104.13 estate of the declarant under a will or by operation of law. 104.14 Witness .................... Address ..................... 104.15 Witness .................... Address ..................... 104.16 Reminder: Keep the signed original with your personal papers. 104.17 Give signed copies to your doctors, family, and proxy." 104.18 Sec. 3. Minnesota Statutes 2004, section 201.014, 104.19 subdivision 2, is amended to read: 104.20 Subd. 2. [NOT ELIGIBLE.] The following individuals are not 104.21 eligible to vote. Any individual: 104.22 (a) Convicted of treason or any felony whose civil rights 104.23 have not been restored; 104.24 (b) Under a guardianshipof the personin which the court 104.25 order provides that the ward does not retain the right to vote; 104.26 or 104.27 (c) Found by a court of law to be legally incompetent. 104.28 Sec. 4. Minnesota Statutes 2004, section 201.071, 104.29 subdivision 1, is amended to read: 104.30 Subdivision 1. [FORM.] A voter registration application 104.31 must be of suitable size and weight for mailing and contain 104.32 spaces for the following required information: voter's first 104.33 name, middle name, and last name; voter's previous name, if any; 104.34 voter's current address; voter's previous address, if any; 104.35 voter's date of birth; voter's municipality and county of 104.36 residence; voter's telephone number, if provided by the voter; 105.1 date of registration; current and valid Minnesota driver's 105.2 license number or Minnesota state identification number, or if 105.3 the voter has no current and valid Minnesota driver's license or 105.4 Minnesota state identification, the last four digits of the 105.5 voter's Social Security number; and voter's signature. The 105.6 registration application may include the voter's e-mail address, 105.7 if provided by the voter, and the voter's interest in serving as 105.8 an election judge, if indicated by the voter. The application 105.9 must also contain the following certification of voter 105.10 eligibility: 105.11 "I certify that I: 105.12 (1) will be at least 18 years old on election day; 105.13 (2) am a citizen of the United States; 105.14 (3) will have resided in Minnesota for 20 days immediately 105.15 preceding election day; 105.16 (4) maintain residence at the address given on the 105.17 registration form; 105.18 (5) am not under court-ordered guardianshipof the person105.19 where I have not retained the right to vote; 105.20 (6) have not been found by a court to be legally 105.21 incompetent to vote; 105.22 (7) have not been convicted of a felony without having my 105.23 civil rights restored; and 105.24 (8) have read and understand the following statement: that 105.25 giving false information is a felony punishable by not more than 105.26 five years imprisonment or a fine of not more than $10,000, or 105.27 both." 105.28 The certification must include boxes for the voter to 105.29 respond to the following questions: 105.30 "(1) Are you a citizen of the United States?" and 105.31 "(2) Will you be 18 years old on or before election day?" 105.32 And the instruction: 105.33 "If you checked 'no' to either of these questions, do not 105.34 complete this form." 105.35 The form of the voter registration application and the 105.36 certification of voter eligibility must be as provided in this 106.1 subdivision and approved by the secretary of state. Voter 106.2 registration forms authorized by the National Voter Registration 106.3 Act may also be accepted as valid. 106.4 An individual may use a voter registration application to 106.5 apply to register to vote in Minnesota or to change information 106.6 on an existing registration. 106.7 Sec. 5. Minnesota Statutes 2004, section 201.15, 106.8 subdivision 1, is amended to read: 106.9 Subdivision 1. [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant 106.10 to the Help America Vote Act of 2002, Public Law 107-252, the 106.11 state court administrator shall report monthly by electronic 106.12 means to the secretary of state the name, address, and date of 106.13 birth of each individual 18 years of age or over, who during the 106.14 month preceding the date of the report: 106.15 (a) was placed under a guardianshipof the personin which 106.16 the court order provides that the ward does not retain the right 106.17 to vote; or 106.18 (b) was adjudged legally incompetent. 106.19 The court administrator shall also report the same 106.20 information for each individual transferred to the jurisdiction 106.21 of the court who meets a condition specified in clause (a) or 106.22 (b). The secretary of state shall determine if any of the 106.23 persons in the report is registered to vote and shall prepare a 106.24 list of those registrants for the county auditor. The county 106.25 auditor shall change the status on the record in the statewide 106.26 registration system of any individual named in the report to 106.27 indicate that the individual is not eligible to reregister or 106.28 vote. 106.29 Sec. 6. Minnesota Statutes 2004, section 204B.10, 106.30 subdivision 6, is amended to read: 106.31 Subd. 6. [INELIGIBLE VOTER.] Upon receipt of a certified 106.32 copy of a final judgment or order of a court of competent 106.33 jurisdiction that a person who has filed an affidavit of 106.34 candidacy or who has been nominated by petition: 106.35 (1) has been convicted of treason or a felony and the 106.36 person's civil rights have not been restored; 107.1 (2) is under guardianshipof the person; or 107.2 (3) has been found by a court of law to be legally 107.3 incompetent; 107.4 the filing officer shall notify the person by certified mail at 107.5 the address shown on the affidavit or petition, and shall not 107.6 certify the person's name to be placed on the ballot. The 107.7 actions of a filing officer under this subdivision are subject 107.8 to judicial review under section 204B.44. 107.9 Sec. 7. Minnesota Statutes 2004, section 246.01, is 107.10 amended to read: 107.11 246.01 [POWERS AND DUTIES.] 107.12 The commissioner of human services is hereby specifically 107.13 constituted the guardianof both the estate and personof all 107.14 persons with mental retardation, the guardianship of whom has 107.15 heretofore been vested in the State Board of Control or in the 107.16 director of social welfare whether by operation of law or by an 107.17 order of court without any further act or proceeding, and all 107.18 the powers and duties vested in or imposed upon the State Board 107.19 of Control or the director of social welfare, with reference to 107.20 mental testing of persons with mental retardation, and with 107.21 reference to the institutions of the state of Minnesota except 107.22 correctional facilities administered and managed by the 107.23 commissioner of corrections, are hereby transferred to, vested 107.24 in, and imposed upon the commissioner of human services, and in 107.25 relation thereto is hereby charged with and shall have the 107.26 exclusive power of administration and management of all of the 107.27 following state institutions: state hospitals for persons with 107.28 mental retardation, mental illness, or chemical dependency. The 107.29 commissioner shall have power and authority to determine all 107.30 matters relating to the unified and continuous development of 107.31 all of the foregoing institutions and of such other 107.32 institutions, the supervision of which may, from time to time, 107.33 be vested in the commissioner. It is intended that there be 107.34 vested in the commissioner all of the powers, functions, and 107.35 authority heretofore vested in the State Board of Control 107.36 relative to such state institutions. The commissioner shall 108.1 have the power and authority to accept, in behalf of the state, 108.2 contributions and gifts of money and personal property for the 108.3 use and benefit of the residents of the public institutions 108.4 under the commissioner's control, and all money and securities 108.5 so received shall be deposited in the state treasury subject to 108.6 the order of the commissioner of human services. If the gift or 108.7 contribution is designated by the donor for a certain 108.8 institution or purpose, the commissioner of human services shall 108.9 expend or use the same as nearly as may be in accordance with 108.10 the conditions of the gift or contribution, compatible with the 108.11 best interests of the inmates and the state. The commissioner 108.12 of human services is hereby constituted the "state agency" as 108.13 defined by the Social Security Act of the United States and the 108.14 laws of this state for all purposes relating to mental health 108.15 and mental hygiene. 108.16 For the purpose of carrying out these duties, the 108.17 commissioner of human services shall accept from wards with 108.18 mental retardation for whom the commissioner is specifically 108.19 appointed guardian a signed application for consent to the 108.20 marriage of said ward. Upon receipt of such application the 108.21 commissioner shall promptly conduct such investigation as the 108.22 commissioner deems proper and determine if the contemplated 108.23 marriage is for the best interest of the ward and the public. A 108.24 signed copy of the commissioner's determination shall be mailed 108.25 to the ward and to the court administrator of the district court 108.26 of the county where the application for such marriage license 108.27 was made. 108.28 There is hereby appropriated to such persons or 108.29 institutions as are entitled to such sums as are provided for in 108.30 this section, from the fund or account in the state treasury to 108.31 which the money was credited, an amount sufficient to make such 108.32 payment. 108.33 Sec. 8. Minnesota Statutes 2004, section 252A.03, 108.34 subdivision 1, is amended to read: 108.35 Subdivision 1. [NOMINATION OF GUARDIAN OR CONSERVATOR.] 108.36 The commissioner may be nominated in a sworn written request by 109.1 any one of the following to act as guardianor conservatorfor 109.2 any mentally retarded person: 109.3 (a) An interested person; 109.4 (b) The guardianor conservator of the personof the 109.5 mentally retarded person to act as successor; 109.6 (c) The mentally retarded person. 109.7 Sec. 9. Minnesota Statutes 2004, section 252A.03, 109.8 subdivision 4, is amended to read: 109.9 Subd. 4. [ALTERNATIVES.] Public guardianship or 109.10 conservatorship may be imposed only when no acceptable, less 109.11 restrictive form of guardianship or conservatorship is 109.12 available. The commissioner shall seek parents, near relatives, 109.13 and other interested persons to assumeprivateguardianship for 109.14 persons with developmental disabilities who are currently under 109.15 public guardianship. If a person seeks to become aprivate109.16 guardian or conservator, costs to the person may be reimbursed 109.17 under section525.703, subdivision 3, paragraph (b)524.5-502. 109.18 The commissioner must provide technical assistance to parents, 109.19 near relatives, and interested persons seeking to becomeprivate109.20 guardians or conservators. 109.21 Sec. 10. Minnesota Statutes 2004, section 252A.101, 109.22 subdivision 1, is amended to read: 109.23 Subdivision 1. [GENERAL.] Except as otherwise provided in 109.24 this section,section 525.551, subdivisions 1 to 4,sections 109.25 524.5-101 to 524.5-502 apply to public guardianship hearings. 109.26 Sec. 11. Minnesota Statutes 2004, section 252A.101, 109.27 subdivision 5, is amended to read: 109.28 Subd. 5. [FINDINGS.] (a) In all cases the court shall make 109.29 specific written findings of fact, conclusions of law, and 109.30 direct entry of an appropriate judgment or order. The court 109.31 shall order the appointment of the commissioner as guardian or 109.32 conservator if it finds that: 109.33 (1) the proposed ward or conservatee is a mentally retarded 109.34 person as defined in section 252A.02, subdivision 2; 109.35 (2) the proposed ward or conservatee is incapable of 109.36 exercising specific legal rights, which must be enumerated in 110.1 its findings; 110.2 (3) the proposed ward or conservatee is in need of the 110.3 supervision and protection of a guardian or conservator; and 110.4 (4) no appropriate alternatives to public guardianship or 110.5 public conservatorship exist that are less restrictive of the 110.6 person's civil rights and liberties, such as appointing a 110.7 guardian or conservator under sections525.539524.5-101 to 110.8525.705524.5-502. 110.9 (b) The court shall grant the specific powers that are 110.10 necessary for the commissioner to act as public guardian or 110.11 conservator on behalf of the ward or conservatee. 110.12 Sec. 12. Minnesota Statutes 2004, section 253B.23, 110.13 subdivision 2, is amended to read: 110.14 Subd. 2. [LEGAL RESULTS OF COMMITMENT STATUS.] (a) Except 110.15 as otherwise provided in this chapter and in sections 246.15 and 110.16 246.16, no person by reason of commitment or treatment pursuant 110.17 to this chapter shall be deprived of any legal right, including 110.18 but not limited to the right to dispose of property, sue and be 110.19 sued, execute instruments, make purchases, enter into 110.20 contractual relationships, vote, and hold a driver's license. 110.21 Commitment or treatment of any patient pursuant to this chapter 110.22 is not a judicial determination of legal incompetency except to 110.23 the extent provided in section 253B.03, subdivision 6. 110.24 (b) Proceedings for determination of legal incompetency and 110.25 the appointment of a guardian for a person subject to commitment 110.26 under this chapter may be commenced before, during, or after 110.27 commitment proceedings have been instituted and may be conducted 110.28 jointly with the commitment proceedings. The court shall notify 110.29 the head of the treatment facility to which the patient is 110.30 committed of a finding that the patient is incompetent. 110.31 (c) Where the person to be committed is a minor or owns 110.32 property of value and it appears to the court that the person is 110.33 not competent to manage a personal estate, the court shall 110.34 appoint a general or special guardianor conservator of the110.35person's estatefor the person or a conservator of the person's 110.36 estate as provided by law. 111.1 Sec. 13. Minnesota Statutes 2004, section 256.93, 111.2 subdivision 1, is amended to read: 111.3 Subdivision 1. [LIMITATIONS.] In any case where the 111.4 guardianshipof the personof any mentally retarded, 111.5 handicapped, dependent, neglected or delinquent child, or a 111.6 child born to a mother who was not married to the child's father 111.7 when the child was conceived nor when the child was born, has 111.8 been committed to the commissioner of human services, and in any 111.9 case where the guardianshipor conservatorship of the personof 111.10 any person with mental retardation has been committed to the 111.11 commissioner of human services, the court having jurisdiction of 111.12 the estate may on such notice as the court may direct, authorize 111.13 the commissioner to take possession of the personal property in 111.14 the estate, liquidate it, and hold the proceeds in trust for the 111.15 ward, to be invested, expended and accounted for as provided by 111.16 sections 256.88 to 256.92. 111.17 Sec. 14. Minnesota Statutes 2004, section 257B.08, is 111.18 amended to read: 111.19 257B.08 [CONFLICTING DOCUMENTS.] 111.20 If a parent has appointed a testamentary guardianof the111.21person or estateof children by will under chapter 529 and there 111.22 is a conflict between the designation in the will and a duly 111.23 executed standby custodian designation, the document latest in 111.24 date of execution prevails. 111.25 Sec. 15. Minnesota Statutes 2004, section 259.21, 111.26 subdivision 4, is amended to read: 111.27 Subd. 4. [GUARDIAN.] "Guardian" means a guardianof the111.28personof the ward appointed by a court of competent 111.29 jurisdiction. 111.30 Sec. 16. Minnesota Statutes 2004, section 260C.101, 111.31 subdivision 2, is amended to read: 111.32 Subd. 2. [JURISDICTION OVER OTHER MATTERS RELATING TO 111.33 CHILDREN.] Except as provided in clause (d), the juvenile court 111.34 has original and exclusive jurisdiction in proceedings 111.35 concerning: 111.36 (a) The termination of parental rights to a child in 112.1 accordance with the provisions of sections 260C.301 to 260C.328. 112.2 (b) The appointment and removal of a juvenile court 112.3 guardianof the personfor a child, where parental rights have 112.4 been terminated under the provisions of sections 260C.301 to 112.5 260C.328. 112.6 (c) Judicial consent to the marriage of a child when 112.7 required by law. 112.8 (d) The juvenile court in those counties in which the judge 112.9 of the probate-juvenile court has been admitted to the practice 112.10 of law in this state shall proceed under the laws relating to 112.11 adoptions in all adoption matters. In those counties in which 112.12 the judge of the probate-juvenile court has not been admitted to 112.13 the practice of law in this state the district court shall 112.14 proceed under the laws relating to adoptions in all adoption 112.15 matters. 112.16 (e) The review of the foster care status of a child who has 112.17 been placed in a residential facility, as defined in section 112.18 260C.212, subdivision 1, pursuant to a voluntary release by the 112.19 child's parent or parents. 112.20 Sec. 17. Minnesota Statutes 2004, section 302A.011, 112.21 subdivision 16, is amended to read: 112.22 Subd. 16. [LEGAL REPRESENTATIVE.] "Legal representative" 112.23 means a person empowered to act for another person, including, 112.24 but not limited to, an agent, officer, partner, or associate of, 112.25 an organization; a trustee of a trust; a personal 112.26 representative; an executor of a will; an administrator of an 112.27 estate; a trustee in bankruptcy; and a receiver, guardian, 112.28 custodian, or conservator ofthea person orestate of a112.29persona person's estate. 112.30 Sec. 18. Minnesota Statutes 2004, section 303.03, is 112.31 amended to read: 112.32 303.03 [FOREIGN CORPORATIONS MUST HAVE CERTIFICATE OF 112.33 AUTHORITY.] 112.34 No foreign corporation shall transact business in this 112.35 state unless it holds a certificate of authority so to do; and 112.36 no foreign corporation whose certificate of authority has been 113.1 revoked or canceled pursuant to the provisions of this chapter 113.2 shall be entitled to obtain a certificate of authority except in 113.3 accordance with the provisions of section 303.19. This section 113.4 does not establish standards for those activities that may 113.5 subject a foreign corporation to taxation under section 290.015 113.6 and to the reporting requirements of section 290.371. Without 113.7 excluding other activities which may not constitute transacting 113.8 business in this state, and subject to the provisions of 113.9 sections 5.25 and 543.19, a foreign corporation shall not be 113.10 considered to be transacting business in this state for the 113.11 purposes of this chapter solely by reason of carrying on in this 113.12 state any one or more of the following activities: 113.13 (a) maintaining or defending any action or suit or any 113.14 administrative or arbitration proceeding, or effecting the 113.15 settlement thereof or the settlement of claims or disputes; 113.16 (b) holding meetings of its directors or shareholders or 113.17 carrying on other activities concerning its internal affairs; 113.18 (c) maintaining bank accounts; 113.19 (d) maintaining offices or agencies for the transfer, 113.20 exchange, and registration of its securities, or appointing and 113.21 maintaining trustees or depositaries with relation to its 113.22 securities; 113.23 (e) holding title to and managing real or personal 113.24 property, or any interest therein, situated in this state, as 113.25 executor of the will or administrator of the estate of any 113.26 decedent, as trustee of any trust, or as guardianor conservator113.27of the person or estate, or both,of any person or conservator 113.28 of any person's estate; 113.29 (f) making, participating in, or investing in loans or 113.30 creating, as borrower or lender, or otherwise acquiring 113.31 indebtedness or mortgages or other security interests in real or 113.32 personal property; 113.33 (g) securing or collecting its debts or enforcing any 113.34 rights in property securing them; or 113.35 (h) conducting an isolated transaction completed within a 113.36 period of 30 days and not in the course of a number of repeated 114.1 transactions of like nature. 114.2 Sec. 19. Minnesota Statutes 2004, section 303.25, 114.3 subdivision 1, is amended to read: 114.4 Subdivision 1. [APPOINTMENTS.] Any foreign trust 114.5 association may accept appointment and act as executor of the 114.6 will or administrator of the estate of any decedent who was a 114.7 resident of this state at the time of death, as trustee of any 114.8 trust created by a resident of this state by will or otherwise, 114.9 and as guardianor conservator of the person or estate, or both,114.10 of any resident of this state or conservator of the resident's 114.11 estate, if banking or trust associations or corporations 114.12 organized under the laws of this state or national banking 114.13 associations maintaining their principal offices in this state 114.14 are permitted to act as executors, administrators, trustees, 114.15 guardians, or conservators in the state in which the foreign 114.16 trust association maintains its principal office. Any foreign 114.17 trust association may accept appointment and act as executor of 114.18 the will or administrator of the estate of a decedent, who was a 114.19 resident of the state in which the foreign trust association 114.20 maintains its principal office at the time of death, in 114.21 ancillary probate proceedings in this state, as trustee of any 114.22 trust created by the decedent by will or otherwise of property 114.23 situated in this state, and as guardian or conservator in 114.24 ancillary proceedings in this state with respect to the property 114.25 of a resident of the other state if banking or trust 114.26 associations or corporations organized under the laws of this 114.27 state and national banking associations maintaining their 114.28 principal offices in this state are permitted to act as 114.29 executors, administrators, trustees, guardians, or conservators 114.30 in the state in which the foreign trust association maintains 114.31 its principal office. 114.32 Sec. 20. Minnesota Statutes 2004, section 322B.03, 114.33 subdivision 27, is amended to read: 114.34 Subd. 27. [LEGAL REPRESENTATIVE.] "Legal representative" 114.35 means a person empowered to act for another person, including, 114.36 but not limited to, an agent, manager, partner, or associate, of 115.1 an organization; a trustee of a trust; a personal 115.2 representative; an executor of a will; an administrator of an 115.3 estate; a trustee in bankruptcy; and a receiver, guardian, 115.4 custodian, or conservator ofthea person orestate of a person115.5 a person's estate. 115.6 Sec. 21. Minnesota Statutes 2004, section 501B.18, is 115.7 amended to read: 115.8 501B.18 [ORDER FOR HEARING.] 115.9 Upon the filing of a petition under section 501B.16, the 115.10 court shall, by order, fix a time and place for a hearing, 115.11 unless notice and hearing have been waived in writing by the 115.12 beneficiaries of the trust then in being. Unless waived, notice 115.13 of the hearing must be given as follows: (1) by publishing, at 115.14 least 20 days before the date of the hearing, a copy of the 115.15 order for hearing one time in a legal newspaper for the county 115.16 in which the petition is filed; and (2) by mailing, at least 15 115.17 days before the date of the hearing, a copy of the order for 115.18 hearing to those beneficiaries of the trust who are known to or 115.19 reasonably ascertainable by the petitioner. In the case of a 115.20 beneficiary who is a minor or an incapacitated person as defined 115.21 in section525.54524.5-102 and for whom a conservator, 115.22 guardian, or guardian ad litem known to the petitioner has been 115.23 appointed, notice must be mailed to that fiduciary. Notice may 115.24 be given in any other manner the court orders. 115.25 Sec. 22. Minnesota Statutes 2004, section 501B.19, is 115.26 amended to read: 115.27 501B.19 [REPRESENTATION OF PERSONS WHO ARE UNBORN, 115.28 UNASCERTAINED, UNKNOWN, OR MINORS OR INCAPACITATED PERSONS.] 115.29 If an interested person is a minor or an incapacitated 115.30 person as defined in section525.54524.5-102 and has no 115.31 guardian or conservator within the state, or if an interested 115.32 person is unborn, unascertained, or a person whose identity or 115.33 address is unknown to the petitioner, the court shall represent 115.34 that person, unless the court, upon the application of the 115.35 trustee or any other interested person, appoints a guardian ad 115.36 litem to represent the person. 116.1 Sec. 23. Minnesota Statutes 2004, section 525.9212, is 116.2 amended to read: 116.3 525.9212 [MAKING, REVOKING, AND OBJECTING TO ANATOMICAL 116.4 GIFTS, BY OTHERS.] 116.5 (a) Any member of the following classes of persons, in the 116.6 order of priority listed, may make an anatomical gift of all or 116.7 a part of the decedent's body for an authorized purpose, unless 116.8 the decedent has made a refusal to make that anatomical gift 116.9 that is unrevoked at the time of death: 116.10 (1) the spouse of the decedent; 116.11 (2) an adult son or daughter of the decedent; 116.12 (3) either parent of the decedent; 116.13 (4) an adult brother or sister of the decedent; 116.14 (5) a grandparent of the decedent; and 116.15 (6) a guardianor conservator of the personof the decedent 116.16 at the time of death or a health care agent or proxy appointed 116.17 by the decedent under a health care directive as defined in 116.18 section 145C.01, a living will under chapter 145B, or other 116.19 similar document executed in another state and enforceable under 116.20 the laws of this state. 116.21 (b) An anatomical gift may not be made by a person listed 116.22 in paragraph (a) if: 116.23 (1) a person in a prior class is available at the time of 116.24 death to make an anatomical gift; 116.25 (2) the person proposing to make an anatomical gift knows 116.26 of a refusal or contrary indications by the decedent; or 116.27 (3) the person proposing to make an anatomical gift knows 116.28 of an objection to making an anatomical gift by a member of the 116.29 person's class or a prior class. 116.30 (c) An anatomical gift by a person authorized under 116.31 paragraph (a) must be made by (i) a document of gift signed by 116.32 the person, or (ii) the person's telegraphic, recorded 116.33 telephonic, or other recorded message, or other form of 116.34 communication from the person that is contemporaneously reduced 116.35 to writing and signed by the recipient. 116.36 (d) An anatomical gift by a person authorized under 117.1 paragraph (a) may be revoked by any member of the same or a 117.2 prior class if, before procedures have begun for the removal of 117.3 a part from the body of the decedent, the physician, surgeon, 117.4 technician, or enucleator removing the part knows of the 117.5 revocation. 117.6 (e) A failure to make a decision as to an anatomical gift 117.7 under paragraph (a) is not an objection to the making of an 117.8 anatomical gift. 117.9 Sec. 24. Minnesota Statutes 2004, section 525.95, 117.10 subdivision 1, is amended to read: 117.11 Subdivision 1. [DEFINITIONS.] The definitions in this 117.12 subdivision apply to this section. 117.13 (a) "War service" includes the following, during a period 117.14 when the United States is engaged in war or other major military 117.15 engagement with a foreign nation: 117.16 (1) active membership in the military forces of the United 117.17 States or any of its allies; 117.18 (2) acceptance for membership in the military forces of the 117.19 United States or any of its allies and awaiting induction into 117.20 that service; 117.21 (3) participation in work abroad in connection with a 117.22 governmental agency of the United States or any of its allies, 117.23 with the Red Cross, or with a similar service; 117.24 (4) internment by an enemy or absence from the United 117.25 States and inability to return; and 117.26 (5) service arising out of or in connection with the war or 117.27 other major military engagement, which in the opinion of the 117.28 court prevents the fiduciary from giving the proper attention to 117.29 duties. 117.30 (b) "Fiduciary" refers to a trustee of a testamentary trust 117.31 or of an express trust, a guardian of a person or conservatorof117.32the person or estateof apersonperson's estate, an executor of 117.33 a will, an administrator of the estate of the decedent, a 117.34 custodian under the Minnesota Uniform Transfers to Minors Act, 117.35 or an advisor or consultant in a testamentary or express trust. 117.36 Sec. 25. Minnesota Statutes 2004, section 527.38, is 118.1 amended to read: 118.2 527.38 [RENUNCIATION, RESIGNATION, DEATH, OR REMOVAL OF 118.3 CUSTODIAN; DESIGNATION OF SUCCESSOR CUSTODIAN.] 118.4 (a) A person nominated under section 527.23 or designated 118.5 under section 527.29 as custodian may decline to serve by 118.6 delivering a valid disclaimer to the person who made the 118.7 nomination or to the transferor or the transferor's legal 118.8 representative. If the event giving rise to a transfer has not 118.9 occurred and no substitute custodian able, willing, and eligible 118.10 to serve was nominated under section 527.23, the person who made 118.11 the nomination may nominate a substitute custodian under section 118.12 527.23; otherwise the transferor or the transferor's legal 118.13 representative shall designate a substitute custodian at the 118.14 time of the transfer, in either case from among the persons 118.15 eligible to serve as custodian for that kind of property under 118.16 section 527.29, paragraph (a). The custodian so designated has 118.17 the rights of a successor custodian. 118.18 (b) A custodian at any time may designate a trust company 118.19 or an adult other than a transferor under section 527.24 as 118.20 successor custodian by executing and dating an instrument of 118.21 designation before a subscribing witness other than the 118.22 successor. If the instrument of designation does not contain or 118.23 is not accompanied by the resignation of the custodian, the 118.24 designation of the successor does not take effect until the 118.25 custodian resigns, dies, becomes incapacitated, or is removed. 118.26 (c) A custodian may resign at any time by delivering 118.27 written notice to the minor if the minor has attained the age of 118.28 14 years and to the successor custodian and by delivering the 118.29 custodial property to the successor custodian. 118.30 (d) If a custodian is ineligible, dies, or becomes 118.31 incapacitated without having effectively designated a successor 118.32 and the minor has attained the age of 14 years, the minor may 118.33 designate as successor custodian, in the manner prescribed in 118.34 paragraph (b), an adult member of the minor's family, a 118.35 conservator of the minor, or a trust company. If the minor has 118.36 not attained the age of 14 years or fails to act within 60 days 119.1 after the ineligibility, death, or incapacity, the conservator 119.2 of the minor becomes successor custodian. If the minor has no 119.3 conservator or the conservator declines to act, the transferor, 119.4 the legal representative of the transferor or of the custodian, 119.5 an adult member of the minor's family, or any other interested 119.6 person may petition the court to designate a successor custodian. 119.7 (e) A custodian who declines to serve under paragraph (a) 119.8 or resigns under paragraph (c), or the legal representative of a 119.9 deceased or incapacitated custodian, as soon as practicable, 119.10 shall put the custodial property and records in the possession 119.11 and control of the successor custodian. The successor custodian 119.12 by action may enforce the obligation to deliver custodial 119.13 property and records and becomes responsible for each item as 119.14 received. 119.15 (f) A transferor, the legal representative of a transferor, 119.16 an adult member of the minor's family, a guardianof the person119.17 of the minor, the conservator of theminorminor's estate, or 119.18 the minor if the minor has attained the age of 14 years may 119.19 petition the court to remove the custodian for cause and to 119.20 designate a successor custodian other than a transferor under 119.21 section 527.24 or to require the custodian to give appropriate 119.22 bond. 119.23 Sec. 26. Minnesota Statutes 2004, section 527.39, is 119.24 amended to read: 119.25 527.39 [ACCOUNTING BY AND DETERMINATION OF LIABILITY OF 119.26 CUSTODIAN.] 119.27 (a) A minor who has attained the age of 14 years, the 119.28 minor's guardianof the personor legal representative, an adult 119.29 member of the minor's family, a transferor, or a transferor's 119.30 legal representative may petition the court (i) for an 119.31 accounting by the custodian or the custodian's legal 119.32 representative; or (ii) for a determination of responsibility, 119.33 as between the custodial property and the custodian personally, 119.34 for claims against the custodial property unless the 119.35 responsibility has been adjudicated in an action under section 119.36 527.37 to which the minor or the minor's legal representative 120.1 was a party. 120.2 (b) A successor custodian may petition the court for an 120.3 accounting by the predecessor custodian. 120.4 (c) The court, in a proceeding under this chapter or in any 120.5 other proceeding, may require or permit the custodian or the 120.6 custodian's legal representative to account. 120.7 (d) If a custodian is removed under section 527.38, 120.8 paragraph (f), the court shall require an accounting and order 120.9 delivery of the custodial property and records to the successor 120.10 custodian and the execution of all instruments required for 120.11 transfer of the custodial property. 120.12 Sec. 27. Minnesota Statutes 2004, section 529.12, is 120.13 amended to read: 120.14 529.12 [DECLINATION, RESIGNATION, INCAPACITY, DEATH, OR 120.15 REMOVAL OF CUSTODIAL TRUSTEE; DESIGNATION OF SUCCESSOR CUSTODIAL 120.16 TRUSTEE.] 120.17 (a) Before accepting the custodial trust property, a person 120.18 designated as custodial trustee may decline to serve by 120.19 notifying the person who made the designation, the transferor, 120.20 or the transferor's legal representative. If an event giving 120.21 rise to a transfer has not occurred, the substitute custodial 120.22 trustee designated under section 529.03 becomes the custodial 120.23 trustee, or, if a substitute custodial trustee has not been 120.24 designated, the person who made the designation may designate a 120.25 substitute custodial trustee pursuant to section 529.03. In 120.26 other cases, the transferor or the transferor's legal 120.27 representative may designate a substitute custodial trustee. 120.28 (b) A custodial trustee who has accepted the custodial 120.29 trust property may resign by (i) delivering written notice to a 120.30 successor custodial trustee, if any, the beneficiary and, if the 120.31 beneficiary is incapacitated, to the beneficiary's conservator, 120.32 if any, and (ii) transferring or registering, or recording an 120.33 appropriate instrument relating to, the custodial trust 120.34 property, in the name of, and delivering the records to, the 120.35 successor custodial trustee identified under subsection (c). 120.36 (c) If a custodial trustee or successor custodial trustee 121.1 is ineligible, resigns, dies, or becomes incapacitated, the 121.2 successor designated under section 529.02, subsection (g), or 121.3 529.03 becomes custodial trustee. If there is no effective 121.4 provision for a successor, the beneficiary, if not 121.5 incapacitated, or the holder of the beneficiary's power of 121.6 attorney, may designate a successor custodial trustee. 121.7 (d) If a successor custodial trustee is not designated 121.8 pursuant to subsection (c), the transferor, the legal 121.9 representative of the transferor or of the custodial trustee, an 121.10 adult member of the beneficiary's family, the conservator of the 121.11 beneficiary, a person interested in the custodial trust 121.12 property, or a person interested in the welfare of the 121.13 beneficiary, may petition the court to designate a successor 121.14 custodial trustee in accordance with the procedures set forth in 121.15 sections 501B.16 to 501B.25. 121.16 (e) A custodial trustee who declines to serve or resigns, 121.17 or the legal representative of a deceased or incapacitated 121.18 custodial trustee, as soon as practicable, shall put the 121.19 custodial trust property and records in the possession and 121.20 control of the successor custodial trustee. The successor 121.21 custodial trustee may enforce the obligation to deliver 121.22 custodial trust property and records and becomes responsible for 121.23 each item as received. 121.24 (f) A beneficiary, the beneficiary's conservator, an adult 121.25 member of the beneficiary's family, a guardianof the personof 121.26 the beneficiary, a person interested in the custodial trust 121.27 property, or a person interested in the welfare of the 121.28 beneficiary, may petition the court to remove the custodial 121.29 trustee for cause and designate a successor custodial trustee, 121.30 to require the custodial trustee to furnish a bond or other 121.31 security for the faithful performance of fiduciary duties, or 121.32 for other appropriate relief. 121.33 Sec. 28. Minnesota Statutes 2004, section 540.18, 121.34 subdivision 1, is amended to read: 121.35 Subdivision 1. [LIABILITY RULE.] The parent or guardianof121.36the personof a minor who is under the age of 18 and who is 122.1 living with the parent or guardian and who willfully or 122.2 maliciously causes injury to any person or damage to any 122.3 property is jointly and severally liable with such minor for 122.4 such injury or damage to an amount not exceeding $1,000, if such 122.5 minor would have been liable for such injury or damage if the 122.6 minor had been an adult. Nothing in this subdivision shall be 122.7 construed to relieve such minor from personal liability for such 122.8 injury or damage. The liability provided in this subdivision is 122.9 in addition to and not in lieu of any other liability which may 122.10 exist at law. Recovery under this section shall be limited to 122.11 special damages. 122.12 Sec. 29. [REVISOR'S INSTRUCTION.] 122.13 The Revisor of Statutes shall change the references to 122.14 Minnesota Statutes in the following Minnesota Rules parts from 122.15 the repealed section number in column A to the current section 122.16 number in column B. 122.17 Column A Column B 122.18 Minnesota Rules Part Obsolete Reference Current Reference 122.19 3400.0020, 525.615; 525.6165 524.5-201; 122.20 subp. 31b 524.5-202; 122.21 524.5-204 122.22 9520.0902, subp. 26 525.619 524.5-207; 122.23 524.5-209 122.24 9525.0004, subp. 17 524.5-505 524.5-211 122.25 9525.3020, subp. 3 525.54, 524.5-302; 122.26 subd. 3 524.5-303; 122.27 524.5-403 122.28 9525.3025, subp. 7 525.55 524.5-113; 122.29 524.5-303; 122.30 524.5-304; 122.31 524.5-308; 122.32 524.5-404 122.33 9525.3030 525.56 524.5-313; 122.34 524.5-417; 122.35 524.5-418 122.36 9525.3040, subp. 1 525.56, 524.5-313, 122.37 subds. 1 to 3 paragraphs (a) to (c) 122.38 9525.3060, subp. 1 525.56, subd. 3 524.5-313, 122.39 paragraph (c) 122.40 9525.3060, subp. 1 525.56, subd. 3, 524.5-313, 122.41 clause (4), paragraph (c), 122.42 paragraph (b) clause (4), item (ii) 122.43 9525.3060, subp. 2 525.56, subd. 3, 524.5-313, 122.44 clause (4), paragraph (c), 123.1 paragraph (c) clause (4), item (iii) 123.2 9525.3060, subp. 4 525.56, subd. 3, 524.5-313, 123.3 clause (4), paragraph (c), 123.4 paragraph (a) clause (4), item (i) 123.5 9525.3075, subp. 3 525.57 524.5-107; 123.6 524.5-433 123.7 9525.3090, subp. 3 525.60 524.5-112; 123.8 524.5-317; 123.9 524.5-428; 123.10 524.5-431 123.11 9525.0925, subp. 22 525.619 524.5-207; 123.12 524.5-209 123.13 9555.5105, subp. 20 525.539 to 524.5-101 to 123.14 525.6198 524.5-502 123.15 9555.7600 525.539 to 524.5-101 to 123.16 525.6198 524.5-502 123.17 ARTICLE 5 123.18 RETIREMENT PROVISIONS 123.19 Section 1. Minnesota Statutes 2004, section 353.01, 123.20 subdivision 2, is amended to read: 123.21 Subd. 2. [PUBLIC EMPLOYEE.] "Public employee" means a 123.22 governmental employee performing personal services for a 123.23 governmental subdivision defined in subdivision 6, whose salary 123.24 is paid, in whole or in part, from revenue derived from 123.25 taxation, fees, assessments, or from other sources. The term 123.26 includes the classes of persons described or listed in 123.27 subdivision 2a. The term also includes persons who elect 123.28 association membership under subdivision 2d, paragraph (a), and 123.29 persons for whom the applicable governmental subdivision had 123.30 elected association membership under subdivision 2d, paragraph 123.31 (b). The term also includes full-time employees of the Dakota 123.32 County Agricultural Society. The term excludes the classes of 123.33 persons listed in subdivision 2b for purposes of membership in 123.34 the association. 123.35 Sec. 2. Minnesota Statutes 2004, section 353.34, 123.36 subdivision 3a, is amended to read: 123.37 Subd. 3a. [DEFERRED ANNUITY; CERTAIN HOSPITAL EMPLOYEES.] 123.38 Any member employed by a public hospital, as defined in 123.39 section355.71355.01, subdivision33k, who has at least three 123.40 years of allowable service credit on the date the public 124.1 hospital is taken over by a private corporation or organization, 124.2 may elect to receive a deferred annuity pursuant to subdivision 124.3 3 notwithstanding the length of service requirement contained 124.4 therein. 124.5 Sec. 3. Minnesota Statutes 2004, section 356.431, 124.6 subdivision 1, is amended to read: 124.7 Subdivision 1. [LUMP-SUM POSTRETIREMENT PAYMENT 124.8 CONVERSION.] For benefits paid after December 31, 2001, to 124.9 eligible persons under sections 356.42 and 356.43, the amount of 124.10 the most recent lump-sum benefit payable to an eligible 124.11 recipient under sections356.86356.42 and356.865356.43 must 124.12 be divided by 12. The result must be added to the monthly 124.13 annuity or benefit otherwise payable to an eligible recipient, 124.14 must become a permanent part of the benefit recipient's pension, 124.15 and must be included in any pension benefit subject to future 124.16 increases. 124.17 Sec. 4. [INSTRUCTION TO REVISOR.] 124.18 The revisor of statutes shall replace the references to 124.19 Minnesota Statutes, section 356.55 with Minnesota Statutes, 124.20 section 356.551 in the following sections of Minnesota 124.21 Statutes: 352.275, subdivision 1; 352B.01, subdivision 3a; 124.22 353.01, subdivision 16a; 353.666; and 354.533. 124.23 Sec. 5. [REPEALER.] 124.24 Laws 2001, First Special Session chapter 10, article 10, 124.25 section 1, is repealed.