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Minnesota Legislature

Office of the Revisor of Statutes

HF 4166

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to legislative enactments; correcting miscellaneous oversights,
inconsistencies, ambiguities, unintended results, and technical errors; amending
Minnesota Statutes 2006, sections 3.7394, subdivision 3, as added; 16B.335,
subdivision 2, as amended; 169.865, as added; 260C.007, subdivision 18;
Minnesota Statutes 2007 Supplement, sections 16A.531, subdivision 1a; 341.25,
as amended; Laws 2005, First Special Session chapter 1, article 4, section 39,
as amended; Laws 2008, chapter 154, article 3, section 3; Laws 2008, chapter
179, sections 3, subdivision 12; 5, subdivision 5; 11; 15, subdivision 7; 21,
subdivision 15; 2008 H.F. No. 1724, section 14, if enacted; proposing coding for
new law in Minnesota Statutes, chapter 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 260C.007, subdivision 18, is amended to
read:


Subd. 18.

Foster care.

"Foster care" means 24 hour substitute care for children
placed away from their parents or guardian and for whom a responsible social services
agency has placement and care responsibility. "Foster care" includes, but is not limited
to, placement in foster family homes, foster homes of relatives, group homes, emergency
shelters, residential facilities not excluded in this subdivision, child care institutions, and
deleted text begin proadoptivedeleted text endnew text begin preadoptivenew text end homes. A child is in foster care under this definition regardless of
whether the facility is licensed and payments are made for the cost of care. Nothing in
this definition creates any authority to place a child in a home or facility that is required
to be licensed which is not licensed. "Foster care" does not include placement in any of
the following facilities: hospitals, in-patient chemical dependency treatment facilities,
facilities that are primarily for delinquent children, any corrections facility or program
within a particular correction's facility not meeting requirements for Title IV-E facilities
as determined by the commissioner, facilities to which a child is committed under the
provision of chapter 253B, forestry camps, or jails.

Sec. 2.

[CORR08-1]

Minnesota Statutes 2006, section 16B.335, subdivision 2, as
amended by Laws 2008, chapter 179, section 31, is amended to read:


Subd. 2.

Other projects.

All other capital projects for which a specific appropriation
is made must not proceed until the recipient undertaking the project has notified the chair
of the senate Finance Committee, the chair of the house Capital Investment Committee,
and the chair of the house Ways and Means Committee that the work is ready to begin.
Notice is not required for capital projects needed to comply with the Americans with
Disabilities Act, for asset preservation projects to which section deleted text begin16A.307deleted text endnew text begin 16B.307new text end applies,
or for projects funded by an agency's operating budget or by a capital asset preservation
and replacement account under section 16A.632, or a higher education asset preservation
and replacement account under section 135A.046.

Sec. 3.

[CORR08-1A]

Minnesota Statutes 2007 Supplement, section 16A.531,
subdivision 1a, is amended to read:


Subd. 1a.

Revenues.

The following revenues must be deposited in the
environmental fund:

(1) deleted text beginalldeleted text end revenue from the motor vehicle transfer fee deleted text beginimposed underdeleted text endnew text begin as provided innew text end
section 115A.908new text begin, subdivision 2new text end;

(2) all fees collected under section 116.07, subdivision 4d;

(3) all money collected by the Pollution Control Agency in enforcement matters
as provided in section 115.073;

(4) all revenues from license fees for individual sewage treatment systems under
section 115.56;

(5) all loan repayments deposited under section 115A.0716;

(6) all revenue from pollution prevention fees imposed under section 115D.12;

(7) all loan repayments deposited under section 116.994;

(8) all fees collected under section 116C.834;

(9) revenue collected from the solid waste management tax pursuant to chapter 297H;

(10) fees collected under section 473.844;

(11) interest accrued on the fund; and

(12) money received in the form of gifts, grants, reimbursement, or appropriation
from any source for any of the purposes provided in subdivision 2, except federal grants.

Sec. 4.

[CORR08-1B]

Laws 2008, chapter 179, section 11, is amended to read:


Sec. 11. MINNESOTA ZOOLOGICAL
GARDEN

$
2,500,000

To the Minnesota Zoological Garden for
capital asset preservation improvements and
betterments, to be spent in accordance with
Minnesota Statutes, section 16B.307.

deleted text begin $1,526,000 isdeleted text endnew text begin Priority for use of these
funds must be given
new text end to design and construct
improvements to its water management
system. The project must be designed to
address inflow and infiltration problems
associated with the Minnesota Zoo's water
discharge flow to the city of Eagan.

Sec. 5.

[CORR08-1C]

Laws 2008, chapter 179, section 3, subdivision 12, is amended
to read:


Subd. 12.

Metropolitan State University

(a) Smart Classroom Center
4,980,000

To construct, furnish, and equip renovation
of two floors of technology-enhanced
classrooms and academic offices in the power
plant building. This appropriation includes
money to demolish the power plant annex to
enable the new construction.

(b) Law Enforcement Training Center
13,900,000

To compete design of and to construct,
furnish, and equip, in cooperation with
Minneapolis Community and Technical
College, a colocated Law Enforcement
Training Center on the campus of Hennepin
Technical College in Brooklyn Park. new text beginThe
board may use up to $2,000,000 of college or
university money for this project.
new text end

Sec. 6.

[CORR08-1D]

Laws 2008, chapter 179, section 21, subdivision 15, is amended
to read:


Subd. 15.

St. Cloud State University - National
Hockey Center

6,500,000

To the Board of Trustees of the Minnesota
State Colleges and Universities to predesign,
design, construct, furnish, and equip the
renovation of new text beginand addition to new text endthe National
Hockey Center. new text beginThe board may use
university and nonstate money for the
remainder of the cost of the construction.
new text end

Sec. 7.

[CORR08-1E]

Laws 2008, chapter 179, section 5, subdivision 5, is amended to
read:


Subd. 5.

Pollard Hall

200,000

To construct, furnish, and equip the
renovation of Pollard Hall to house the Deaf
and Hard of Hearing Children's deleted text beginResidentialdeleted text endnew text begin
Day
new text end Treatment Center.

Sec. 8.

[CORR08-1F]

Laws 2008, chapter 179, section 15, subdivision 7, is amended
to read:


Subd. 7.

Scott County Public Safety Training
Center

1,000,000

Notwithstanding any law to the contrary, for
a grant to Scott County to design, construct,
furnish, and equip deleted text beginadeleted text endnew text begin an expansion of itsnew text end
regional public safety training center in Scott
County.

This appropriation is not available until the
commissioner has determined that at least
an equal amount has been committed from
nonstate sources.

Sec. 9.

[CORR08-2]

Minnesota Statutes, section 169.865, as added by Laws 2008,
chapter 239, article 1, section 60, is amended to read:


[169.865] SPECIAL AGRICULTURAL PRODUCTS PERMITS.

Subdivision 1.

Six-axle vehicles.

(a) A road authority may issue an annual permit
authorizing a vehicle or combination of vehicles with a total of six axles to haul raw or
unprocessed agricultural products and be operated with a gross vehicle weight of up to:

(1) 90,000 pounds; and

(2) 99,000 pounds during the period set by the commissioner under section 169.826,
subdivision 1
.

(b) Notwithstanding subdivision 4, paragraph (a), clause (4), a vehicle or
combination of vehicles operated under this subdivision and transporting only sealed
intermodal containers may be operated on an interstate highway if allowed by the United
States Department of Transportation.

(c) The fee for a permit issued under this subdivision is $300.

Subd. 2.

Seven-axle vehicles.

(a) A road authority may issue an annual permit
authorizing a vehicle or combination of vehicles with a total of seven axles to haul raw or
unprocessed agricultural products and be operated with a gross vehicle weight of up to:

(1) 97,000 pounds; and

(2) 99,000 pounds during the period set by the commissioner under section 169.826,
subdivision 1
.

(b) Drivers of vehicles operating under this subdivision must comply with driver
qualification requirements adopted under section 221.0314, subdivisions 2 to 5, and Code
of Federal Regulations, title 49, parts 40 and 382.

(c) The fee for a permit issued under this subdivision is $500.

Subd. 3.

Requirements; restrictions.

(a) A vehicle or combination of vehicles
operating under this section:

(1) is subject to axle weight limitations under section 169.824, subdivision 1new text begin, or the
federal bridge formula for axle groups not described in that section
new text end;

(2) is subject to seasonal load restrictions under section 169.87;

(3) is subject to bridge load limits posted under section 169.84;

(4) may only be operated on trunk highways other than interstate highways, and on
local roads designated under section 169.832, subdivision 11;

(5) may not be operated with loads that exceed the manufacturer's gross vehicle
weight rating as affixed to the vehicle, or other certification of gross vehicle weight rating
complying with Code of Federal Regulations, title 49, parts 567.4 to 567.7;

(6) must be issued a permit from each road authority having jurisdiction over a road
on which the vehicle is operated, if required;

(7) must comply with the requirements of section 169.851, subdivision 4; and

(8) must have brakes on all wheels.

(b) The percentage allowances for exceeding gross weights if transporting unfinished
forest products under section 168.013, subdivision 3, paragraph (b), or for the first haul of
unprocessed or raw farm products or unfinished forest products under section 168.013,
subdivision 3
, paragraph (d), clause (3), do not apply to a vehicle or combination of
vehicles operated under this section.

Subd. 4.

Deposit of revenues; appropriation.

(a) Revenue from the permits issued
under this section must be deposited:

(1) in fiscal years 2008 through 2011, in the bridge inspection and signing account
in the special revenue fund; and

(2) in fiscal year 2012 and subsequent years, in the trunk highway fund.

(b) The revenue in the bridge inspection and signing account under this section is
annually appropriated to the commissioner for:

(1) inspection of local bridges and identification of local bridges to be posted,
including contracting with a consultant for some or all of these functions; and

(2) erection of weight posting signs on local bridges.

Sec. 10.

[CORR08-3]

new text begin[3.7395] PUBLIC ASSISTANCE.
new text end

new text begin Subdivision 1.new text end

new text beginEligibility.new text end

new text beginPayments made to survivors under section 3.7393 or from
the emergency relief fund shall not be counted as income, assets, or resources for purposes
of eligibility for health care and maintenance programs under chapters 256B, 256D, 256J,
and 256L. Survivors and their families who would otherwise be eligible for and enrolled
in health care programs with federal funding shall be eligible for and enrolled in health
care programs paid with state funding until and unless federal approval of this exclusion is
granted. The commissioner of human services shall pursue the federal approval necessary
to exclude these payments under federally funded health care programs.
new text end

new text begin Subd. 2.new text end

new text beginSubrogation.new text end

new text beginFor the purpose of medical assistance and MinnesotaCare,
the Department of Human Services shall pay the federal financial participation for the
portion of any payment that is required to be treated as primary to Medicaid.
new text end

new text begin EFFECTIVE DATE; APPLICATION.new text end

new text beginThis section is effective retroactive from
May 9, 2008, and prevails over 2008 H. F. No. 3955, section 1, if enacted.
new text end

Sec. 11.

[CORR08-3A]

Minnesota Statutes, section 3.7394, subdivision 3, as added by
Laws 2008, chapter 288, section 5, is amended to read:


Subd. 3.

Payments from other sources.

new text begin(a) new text endNotwithstanding any statutory or
common law or agreement to the contrary, a person new text beginwho is not a third-party tortfeasor
and who is
new text endrequired to make payments, including future payments, to a survivor may deleted text beginnotdeleted text end
eliminate or reduce those payments as a result of compensation paid to the survivor under
section 3.7393 or from the emergency relief fund deleted text beginor as a result of the survivor's release
of claims against the state, a municipality, or their employees under section 3.7393
deleted text endnew text begin only
to the extent those payments represent damages for future losses for which the survivor
received compensation under section 3.7393 or from the emergency relief fund
new text end. The
obligation of any person other than the state to make payments to a survivor is primary
as compared to any payment made or to be made under section 3.7393 or from the
emergency relief fund. The persons referenced in and covered by this subdivision and
subdivision 4 include, without limitation:

(1) reparation obligors, as defined in section 65B.43, subdivision 9, whether they are
insurers or self-insurers;

(2) health plan companies, as defined in section 62Q.01, subdivision 4, including the
Minnesota Comprehensive Health Association created under section 62E.10;

(3) insurance companies, as defined in section 60A.02, subdivision 4;

(4) self-insured pools of political subdivisions organized under section 471.617 or
471.981, including service cooperatives pools organized under section 123A.21;

(5) risk retention groups, as defined in section 60E.02, subdivision 12;

(6) joint self-insurance plans governed by chapter 60F;

(7) workers' compensation insurers and private self-insurers, as defined in section
79.01;

(8) the Minnesota Life and Health Insurance Guaranty Association governed by
chapter 61B;

(9) the Minnesota Insurance Guaranty Association governed by chapter 60C;

(10) the Minnesota Joint Underwriting Association governed by chapter 62I;

(11) all insurers providing credit life, credit accident and health, and credit
involuntary unemployment insurance under chapter 62B, but also including those
coverages written in connection with real estate mortgage loans and those provided to
borrowers at no additional cost;

(12) the Minnesota unemployment insurance program provided under chapter 268;

(13) coverage offered by the state under medical assistance, general assistance
medical care, and MinnesotaCare; and

(14) any other plan providing health, life, disability income, or long-term care
coverage.

new text begin (b) A third-party tortfeasor who is required to make payments, including future
payments, to a survivor may not eliminate or reduce those payments as a result of
compensation paid to a survivor under section 3.7393 or from the emergency relief fund
or as a result of the survivor's release of claims against the state, a municipality, or their
employees under section 3.7393.
new text end

new text begin EFFECTIVE DATE; APPLICATION.new text end

new text beginThis section is effective retroactive from
May 9, 2008, and prevails over 2008 H. F. No. 3995, section 2, if enacted.
new text end

Sec. 12. new text beginREVISOR'S INSTRUCTION.
new text end

[CORR08-3B]

new text begin In Laws 2008, chapter 288, the revisor shall delete the range reference "sections
3.7391 to 3.7394" and insert "sections 3.7391 to 3.7395."
new text end

new text begin EFFECTIVE DATE.new text end

new text beginThis section is effective retroactive from May 9, 2008.
new text end

Sec. 13.

[CORR08-4]

Minnesota Statutes 2007 Supplement, section 341.25, as
amended by Laws 2008, chapter 300, section 23, is amended to read:


341.25 RULES.

(a) The commission may adopt rules that include standards for the physical
examination and condition of combatants and referees.

(b) The commission may adopt other rules necessary to carry out the purposes of
this chapter, including, but not limited to, the conduct of all combative sport contests
and their manner, supervision, time, and place.deleted text begin Notwithstanding section 14.125, the
commission shall publish a notice of intent to adopt rules or a notice of hearing on or
before September 1, 2008.
deleted text end

(c) The commission must adopt unified rules for mixed martial arts contests.

(d) The commission may adopt the rules of the Association of Boxing Commissions,
with amendments.

Sec. 14.

[CORR08-5]

Laws 2008, chapter 154, article 3, section 3, the effective date,
is amended to read:


EFFECTIVE DATE.

This section is effective for tax years beginning after
December 31, 2007new text begin, except that clause (11) and the phrase "to the extent included in
federal taxable income," added in clause (12) are effective retroactively for taxable years
beginning after December 31, 2004
new text end.

Sec. 15.

[CORR08-7]

2008 H.F. No. 1724, section 14, if enacted, is amended to read:


Sec. 14. EFFECTIVE DATE.

Sections 1 to 11 deleted text beginand 13deleted text end are effective July 1, 2009.

Sec. 16.

[CORR08-9]

Laws 2005, First Special Session chapter 1, article 4, section 39,
as amended by Laws 2008, chapter 287, article 1, section 113, is amended to read:


EFFECTIVE DATE.

This section is effective on the effective date of deleted text begin2007deleted text endnew text begin 2008new text end
House File deleted text begin1351deleted text endnew text begin 3486new text end, article 1, sections 60 and 61, as amended.

Sec. 17. new text beginEFFECTIVE DATE.
new text end

new text begin Unless otherwise provided, each section of this act takes effect at the time the
provision being corrected takes effect.
new text end