1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to legislation; correcting erroneous, 1.3 ambiguous, and omitted text and obsolete references; 1.4 eliminating certain redundant, conflicting, and 1.5 superseded provisions; making miscellaneous technical 1.6 corrections to statutes and other laws; amending 1.7 Minnesota Statutes 2000, sections 3.85, subdivision 6; 1.8 6.76; 12.31, subdivision 1; 13.06, subdivision 4; 1.9 13.51, subdivision 3; 13.54, subdivision 5; 15.059, 1.10 subdivision 5a; 16B.126; 16B.55, subdivision 4; 1.11 16B.61, subdivision 3; 16E.04, subdivision 2; 18B.36, 1.12 subdivision 1; 60B.03, subdivision 6; 62G.20, 1.13 subdivision 4; 62L.02, subdivision 24; 65B.05; 69.021, 1.14 subdivision 5; 80C.01, subdivision 4; 80C.147; 84.965, 1.15 subdivision 2; 84.98, subdivision 5; 85.055, 1.16 subdivision 1; 86B.331, subdivision 1; 103G.201; 1.17 103G.2242, subdivision 12; 103G.2243, subdivision 2; 1.18 115.49, subdivision 4; 116J.994, subdivision 6; 1.19 116J.995; 116L.01, subdivision 1; 116P.08, subdivision 1.20 2; 124D.892, subdivision 3; 145.61, subdivision 5; 1.21 148.511; 148.6402, subdivisions 14 and 16; 148.6420, 1.22 subdivisions 2 and 4; 148.6425, subdivisions 2 and 3; 1.23 148.6448, subdivision 1; 153A.20, subdivision 1; 1.24 168.012, subdivision 1; 171.173; 204D.25, subdivision 1.25 1; 216B.2424, subdivision 6; 237.065, subdivision 1; 1.26 237.763; 237.764, subdivision 3; 237.773, subdivision 1.27 1; 256B.50, subdivision 1; 260B.007, subdivision 16; 1.28 268.022, subdivision 1; 268.6715; 270.67, subdivision 1.29 4; 289A.18, subdivision 4; 289A.40, by adding a 1.30 subdivision; 289A.50, subdivision 7; 289A.60, 1.31 subdivisions 12 and 21; 297I.60, subdivision 2; 1.32 299C.67, subdivision 2; 299N.02, subdivision 2; 1.33 322B.960, subdivision 1; 356.371, subdivision 1; 1.34 356.62; 356.65, subdivision 1; 401.06; 462.352, 1.35 subdivisions 5, 7, 9, 10, and 15; 462.358, subdivision 1.36 2a; 469.126, subdivision 2; 469.301, subdivision 1; 1.37 469.304, subdivision 1; 471.59, subdivision 11; 1.38 473,901, subdivision 1; 504B.181, subdivision 4; 1.39 504B.365, subdivision 3; 515B.1-102; 515B.2-105; 1.40 517.08, subdivision 1c; 518.131, subdivision 10; 1.41 541.023, subdivision 6; 609.596, subdivision 3; 1.42 626.556, subdivision 11; and 628.26; repealing 1.43 Minnesota Statutes 2000, sections 13.485, subdivision 1.44 2; 13.99, subdivision 1; 115B.22, subdivision 8; 1.45 148.6402, subdivision 18; 168.54, subdivision 6; 1.46 181B.01; 181B.02; 181B.03; 181B.04; 181B.05; 181B.06; 2.1 181B.07; 181B.08; 181B.09; 181B.10; 181B.101; 181B.11; 2.2 181B.12; 181B.13; 181B.14; 181B.15; 181B.16; 181B.17; 2.3 383.001; 462.352, subdivision 17; 469.301, 2.4 subdivisions 6, 7, and 8; and 566.18; Laws 1997, 2.5 chapter 85, article 4, section 29; Laws 2000, chapter 2.6 254, section 30; and Laws 2000, chapter 444, article 2.7 2, sections 9 and 10. 2.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.9 REVISOR'S BILL 2.10 Section 1. Minnesota Statutes 2000, section 3.85, 2.11 subdivision 6, is amended to read: 2.12 Subd. 6. [ASSISTANCE OF OTHER AGENCIES.] The commission 2.13 may request information from any state officer or agency or 2.14 public pension fund or plan as defined in section 2.15
356.61356.615, paragraph (b), including a volunteer 2.16 firefighters' relief association to which sections 69.771 to 2.17 69.776 apply, to assist it to carry out the terms of this 2.18 section. The officer, agency, or public pension fund or plan 2.19 shall promptly furnish any data requested. 2.20 Sec. 2. Minnesota Statutes 2000, section 6.76, is amended 2.21 to read: 2.22 6.76 [LOCAL GOVERNMENTAL EXPENDITURES FOR LOBBYISTS.] 2.23 (a) On or before January 31 of each year, all counties, 2.24 cities, school districts, metropolitan agencies, regional 2.25 railroad authorities, and the metropolitan council shall report 2.26 to the state auditor, on forms prescribed by the auditor, their 2.27 estimated expenditures paid for the previous calendar year to a 2.28 lobbyist as defined in section 10A.01, subdivision 2021, except 2.29 payments to associations of local governments that are reported 2.30 under paragraph (b), and to any staff person not registered as a 2.31 lobbyist, over 25 percent of whose time is spent during the 2.32 legislative session on legislative matters. 2.33 (b) Associations of local governments subject to this 2.34 section shall report annually, on or before January 31, to the 2.35 state auditor and the association's members the proportionate 2.36 amount of each member's dues spent for lobbying purposes. 2.37 Sec. 3. Minnesota Statutes 2000, section 12.31, 2.38 subdivision 1, is amended to read: 2.39 Subdivision 1. [DECLARATION OF NATIONAL SECURITY 3.1 EMERGENCY.] When information from the President of the United 3.2 States, the Federal Emergency Management Agency, the Department 3.3 of Defense, or the National Warning System indicates the 3.4 imminence of a national security emergency within the United 3.5 States, which means the several states, the District of 3.6 Columbia, and the Commonwealth of Puerto Rico, and the Panama3.7 Canal Zone,or the occurrence within the state of Minnesota of a 3.8 major disaster from enemy sabotage or other hostile action, the 3.9 governor may, by proclamation, declare that a national security 3.10 emergency exists in all or any part of the state. If the 3.11 legislature is then in regular session, or, if it is not, if the 3.12 governor concurrently with the proclamation declaring the 3.13 emergency issues a call convening immediately both houses of the 3.14 legislature, the governor may exercise for a period not to 3.15 exceed 30 days the powers and duties conferred and imposed by 3.16 sections 12.31 to 12.37. The lapse of these emergency powers 3.17 does not, as regards any act occurring or committed within the 3.18 30-day period, deprive any person, political subdivision, 3.19 municipal corporation, or body politic of any right to 3.20 compensation or reimbursement that it may have under this 3.21 chapter. 3.22 Sec. 4. Minnesota Statutes 2000, section 13.06, 3.23 subdivision 4, is amended to read: 3.24 Subd. 4. [PROCEDURE WHEN CLASSIFICATION AFFECTS OTHERS.] 3.25 If the commissioner determines that an application for temporary 3.26 classification involves data which would reasonably be 3.27 classified in the same manner by all agencies, political 3.28 subdivisions, or statewide systems similar to the one which made 3.29 the application, the commissioner may approve or disapprove the 3.30 classification for data of the kind which is the subject of the 3.31 application for the use of all agencies, political subdivisions, 3.32 or statewide systems similar to the applicant. On deeming this 3.33 approach advisable, the commissioner shall provide notice of the 3.34 proposed action by publication in the State Register and by3.35 notification to the intergovernmental information systems3.36 advisory council,within ten days of receiving the application. 4.1 Within 30 days after publication in the State Register and4.2 notification to the council,an affected agency, political 4.3 subdivision, the public, or statewide system may submit comments 4.4 on the commissioner's proposal. The commissioner shall consider 4.5 any comments received when granting or denying a classification 4.6 for data of the kind which is the subject of the application, 4.7 for the use of all agencies, political subdivisions, or 4.8 statewide systems similar to the applicant. Within 45 days 4.9 after the close of the period for submitting comment, the 4.10 commissioner shall grant or disapprove the application. 4.11 Applications processed under this subdivision shall be either 4.12 approved or disapproved by the commissioner within 90 days of 4.13 the receipt of the application. For purposes of subdivision 1, 4.14 the data which is the subject of the classification shall be 4.15 deemed to be classified as set forth in the application for a 4.16 period of 90 days, or until the application is disapproved or 4.17 granted by the commissioner, whichever is earlier. If requested 4.18 in the application, or determined to be necessary by the 4.19 commissioner, the data in the application shall be so classified 4.20 for all agencies, political subdivisions, or statewide systems 4.21 similar to the applicant until the application is disapproved or 4.22 granted by the commissioner, whichever is earlier. Proceedings 4.23 after the grant or disapproval shall be governed by the 4.24 provisions of subdivision 5. 4.25 Sec. 5. Minnesota Statutes 2000, section 13.51, 4.26 subdivision 3, is amended to read: 4.27 Subd. 3. [DATA ON INCOME OF INDIVIDUALS.] Income 4.28 information on individuals collected and maintained by political 4.29 subdivisions to determine eligibility of property for 4.30 classification 4c under section 273.13, subdivision 25,4.31 paragraph (c)class 4d under section 273.126 and 273.13, is 4.32 private data on individuals as defined in section 13.02, 4.33 subdivision 12. 4.34 Sec. 6. Minnesota Statutes 2000, section 13.54, 4.35 subdivision 5, is amended to read: 4.36 Subd. 5. [PRIVATE DATA ON INDIVIDUALS.] Income information 5.1 on individuals collected and maintained by a housing agency to 5.2 determine eligibility of property for classification 4c under5.3 section 273.13, subdivision 25, paragraph (c)class 4d under 5.4 sections 273.126 and 273.13, is private data on individuals as 5.5 defined in section 13.02, subdivision 12. The data may be 5.6 disclosed to the county and local assessors responsible for 5.7 determining eligibility of the property for classification 4c4d. 5.8 Sec. 7. Minnesota Statutes 2000, section 15.059, 5.9 subdivision 5a, is amended to read: 5.10 Subd. 5a. [LATER EXPIRATION.] Notwithstanding subdivision 5.11 5, the advisory councils and committees listed in this 5.12 subdivision do not expire June 30, 1997. These groups expire 5.13 June 30, 2001, unless the law creating the group or this 5.14 subdivision specifies an earlier expiration date. 5.15 Investment advisory council, created in section 11A.08; 5.16 Intergovernmental information systems advisory council,5.17 created in section 16B.42, expires June 30, 1999;5.18 Feedlot and manure management advisory committee, created 5.19 in section 17.136; 5.20 Aquaculture advisory committee, created in section 17.49; 5.21 Dairy producers board, created in section 17.76; 5.22 Pesticide applicator education and examination review 5.23 board, created in section 18B.305; 5.24 Advisory seed potato certification task force, created in 5.25 section 21.112; 5.26 Food safety advisory committee, created in section 28A.20; 5.27 Minnesota organic advisory task force, created in section5.28 31.95;5.29 Public programs risk adjustment work group, created in 5.30 section 62Q.03; 5.31 Workers' compensation self-insurers' advisory committee, 5.32 created in section 79A.02; 5.33 Youth corps advisory committee, created in section 84.0887; 5.34 Iron range off-highway vehicle advisory committee, created 5.35 in section 85.013; 5.36 Mineral coordinating committee, created in section 93.002; 6.1 Game and fish fund citizen advisory committees, created in 6.2 section 97A.055; 6.3 Wetland heritage advisory committee, created in section6.4 103G.2242;6.5 Wastewater treatment technical advisory committee, created 6.6 in section 115.54; 6.7 Solid waste management advisory council, created in section 6.8 115A.12; 6.9 Nuclear waste council, created in section 116C.711; 6.10 Genetically engineered organism advisory committee, created 6.11 in section 116C.93; 6.12 Environment and natural resources trust fund advisory 6.13 committee, created in section 116P.06; 6.14 Child abuse prevention advisory council, created in section 6.15 119A.13; 6.16 Chemical abuse and violence prevention council, created in6.17 section 119A.293;6.18 Youth neighborhood centers advisory board, created in6.19 section 119A.295;6.20 Interagency coordinating council, created in section 6.21 125A.28, expires June 30, 1999; 6.22 Desegregation/integration advisory board, created in 6.23 section 124D.892; 6.24 Nonpublic education council, created in section 123B.445; 6.25 Permanent school fund advisory committee, created in 6.26 section 127A.30; 6.27 Indian scholarship committee, created in section 124D.84, 6.28 subdivision 2; 6.29 American Indian education committees, created in section 6.30 124D.80; 6.31 Summer scholarship advisory committee, created in section 6.32 124D.95; 6.33 Multicultural education advisory committee, created in 6.34 section 124D.894; 6.35 Male responsibility and fathering grants review committee, 6.36 created in section 124D.33; 7.1 Library for the blind and physically handicapped advisory 7.2 committee, created in section 134.31; 7.3 Higher education advisory council, created in section 7.4 136A.031; 7.5 Student advisory council, created in section 136A.031; 7.6 Cancer surveillance advisory committee, created in section 7.7 144.672; 7.8 Maternal and child health task force, created in section 7.9 145.881; 7.10 State community health advisory committee, created in 7.11 section 145A.10; 7.12 Mississippi River Parkway commission, created in section 7.13 161.1419; 7.14 School bus safety advisory committee, created in section 7.15 169.435; 7.16 Advisory council on workers' compensation, created in 7.17 section 175.007; 7.18 Code enforcement advisory council, created in section 7.19 175.008; 7.20 Medical services review board, created in section 176.103; 7.21 Apprenticeship advisory council, created in section 178.02; 7.22 OSHA advisory council, created in section 182.656; 7.23 Health professionals services program advisory committee, 7.24 created in section 214.32; 7.25 Rehabilitation advisory council for the blind, created in 7.26 section 248.10; 7.27 American Indian advisory council, created in section 7.28 254A.035; 7.29 Alcohol and other drug abuse advisory council, created in 7.30 section 254A.04; 7.31 Medical assistance drug formulary committee, created in 7.32 section 256B.0625; 7.33 Home care advisory committee, created in section 256B.071; 7.34 Preadmission screening, alternative care, and home and 7.35 community-based services advisory committee, created in section 7.36 256B.0911; 8.1 Traumatic brain injury advisory committee, created in 8.2 section 256B.093; 8.3 Minnesota commission serving deaf and hard-of-hearing 8.4 people, created in section 256C.28; 8.5 American Indian child welfare advisory council, created in 8.6 section 260.835; 8.7 Juvenile justice advisory committee, created in section 8.8 268.29; 8.9 Northeast Minnesota economic development fund technical 8.10 advisory committees, created in section 298.2213; 8.11 Iron range higher education committee, created in section 8.12 298.2214; 8.13 Northeast Minnesota economic protection trust fund 8.14 technical advisory committee, created in section 298.297; 8.15 Chemical abuse and violence prevention council, created in 8.16 section 299A.293; 8.17 Youth neighborhood centers advisory board, created in 8.18 section 299A.295; 8.19 Advisory council on battered women and domestic abuse, 8.20 created in section 611A.34. 8.21 Sec. 8. Minnesota Statutes 2000, section 16B.126, is 8.22 amended to read: 8.23 16B.126 [FUNDS FOR ENERGY EFFICIENT BULBS.] 8.24 State agencies in the executive, legislative, and judicial 8.25 branches that purchase replacement bulbs in accordance with 8.26 section 16B.61, subdivision 3, paragraph (l)(k), must use money 8.27 allocated for utility expenditures for the purchase. 8.28 Sec. 9. Minnesota Statutes 2000, section 16B.55, 8.29 subdivision 4, is amended to read: 8.30 Subd. 4. [PERSONAL VEHICLES.] No state employee shall be 8.31 compensated by the state for use of a personal vehicle for 8.32 travel between the employee's residence and the state work 8.33 station to which the employee is permanently assigned, except 8.34 pursuant to a collective bargaining agreement negotiated under 8.35 chapter 179179A or a compensation plan adopted by the 8.36 commissioner of employee relations under section 43A.05. A 9.1 collective bargaining agreement or compensation plan may only 9.2 provide for this compensation in cases in which an employee is 9.3 called back to work during hours when the employee is not 9.4 normally working. 9.5 Sec. 10. Minnesota Statutes 2000, section 16B.61, 9.6 subdivision 3, is amended to read: 9.7 Subd. 3. [SPECIAL REQUIREMENTS.] (a) [SPACE FOR COMMUTER 9.8 VANS.] The code must require that any parking ramp or other 9.9 parking facility constructed in accordance with the code include 9.10 an appropriate number of spaces suitable for the parking of 9.11 motor vehicles having a capacity of seven to 16 persons and 9.12 which are principally used to provide prearranged commuter 9.13 transportation of employees to or from their place of employment 9.14 or to or from a transit stop authorized by a local transit 9.15 authority. 9.16 (b) [SMOKE DETECTION DEVICES.] The code must require that 9.17 all dwellings, lodging houses, apartment houses, and hotels as 9.18 defined in section 299F.362 comply with the provisions of 9.19 section 299F.362. 9.20 (c) [DOORS IN NURSING HOMES AND HOSPITALS.] The State 9.21 Building Code may not require that each door entering a sleeping 9.22 or patient's room from a corridor in a nursing home or hospital 9.23 with an approved complete standard automatic fire extinguishing 9.24 system be constructed or maintained as self-closing or 9.25 automatically closing. 9.26 (d) [CHILD CARE FACILITIES IN CHURCHES; GROUND LEVEL 9.27 EXIT.] A licensed day care center serving fewer than 30 9.28 preschool age persons and which is located in a below ground 9.29 space in a church building is exempt from the State Building 9.30 Code requirement for a ground level exit when the center has 9.31 more than two stairways to the ground level and its exit. 9.32 (e) [CHILD CARE FACILITIES IN CHURCHES; VERTICAL ACCESS.] 9.33 Until August 1, 1996, an organization providing child care in an 9.34 existing church building which is exempt from taxation under 9.35 section 272.02, subdivision 6, shall have five years from the 9.36 date of initial licensure under chapter 245A to provide interior 10.1 vertical access, such as an elevator, to persons with 10.2 disabilities as required by the State Building Code. To obtain 10.3 the extension, the organization providing child care must secure 10.4 a $2,500 performance bond with the commissioner of human 10.5 services to ensure that interior vertical access is achieved by 10.6 the agreed upon date. 10.7 (f) [FAMILY AND GROUP FAMILY DAY CARE.] Until the 10.8 legislature enacts legislation specifying appropriate standards, 10.9 the definition of Group R-3 occupancies in the State Building 10.10 Code applies to family and group family day care homes licensed 10.11 by the department of human services under Minnesota Rules, 10.12 chapter 9502. 10.13 (g) [MINED UNDERGROUND SPACE.] Nothing in the state10.14 building codes shall prevent cities from adopting rules10.15 governing the excavation, construction, reconstruction,10.16 alteration, and repair of mined underground space pursuant to10.17 sections 469.135 to 469.141, or of associated facilities in the10.18 space once the space has been created, provided the intent of10.19 the building code to establish reasonable safeguards for health,10.20 safety, welfare, comfort, and security is maintained.10.21 (h)[ENCLOSED STAIRWAYS.] No provision of the code or any 10.22 appendix chapter of the code may require stairways of existing 10.23 multiple dwelling buildings of two stories or less to be 10.24 enclosed. 10.25 (i)(h) [DOUBLE CYLINDER DEAD BOLT LOCKS.] No provision of 10.26 the code or appendix chapter of the code may prohibit double 10.27 cylinder dead bolt locks in existing single-family homes, 10.28 townhouses, and first floor duplexes used exclusively as a 10.29 residential dwelling. Any recommendation or promotion of double 10.30 cylinder dead bolt locks must include a warning about their 10.31 potential fire danger and procedures to minimize the danger. 10.32 (j)(i) [RELOCATED RESIDENTIAL BUILDINGS.] A residential 10.33 building relocated within or into a political subdivision of the 10.34 state need not comply with the State Energy Code or section 10.35 326.371 provided that, where available, an energy audit is 10.36 conducted on the relocated building. 11.1 (k)(j) [AUTOMATIC GARAGE DOOR OPENING SYSTEMS.] The code 11.2 must require all residential buildings as defined in section 11.3 325F.82 to comply with the provisions of sections 325F.82 and 11.4 325F.83. 11.5 (l)(k) [EXIT SIGN ILLUMINATION.] For a new building on 11.6 which construction is begun on or after October 1, 1993, or an 11.7 existing building on which remodeling affecting 50 percent or 11.8 more of the enclosed space is begun on or after October 1, 1993, 11.9 the code must prohibit the use of internally illuminated exit 11.10 signs whose electrical consumption during nonemergency operation 11.11 exceeds 20 watts of resistive power. All other requirements in 11.12 the code for exit signs must be complied with. 11.13 (m)(l) [EXTERIOR WOOD DECKS, PATIOS, AND BALCONIES.] The 11.14 code must permit the decking surface and upper portions of 11.15 exterior wood decks, patios, and balconies to be constructed of 11.16 (1) heartwood from species of wood having natural resistance to 11.17 decay or termites, including redwood and cedars, (2) grades of 11.18 lumber which contain sapwood from species of wood having natural 11.19 resistance to decay or termites, including redwood and cedars, 11.20 or (3) treated wood. The species and grades of wood products 11.21 used to construct the decking surface and upper portions of 11.22 exterior decks, patios, and balconies must be made available to 11.23 the building official on request before final construction 11.24 approval. 11.25 Sec. 11. Minnesota Statutes 2000, section 16E.04, 11.26 subdivision 2, is amended to read: 11.27 Subd. 2. [RESPONSIBILITIES.] (a) In addition to other 11.28 activities prescribed by law, the office shall carry out the 11.29 duties set out in this subdivision. 11.30 (b) The office shall develop and establish a state 11.31 information architecture to ensure that further state agency 11.32 development and purchase of information and communications 11.33 systems, equipment, and services is designed to ensure that 11.34 individual agency information systems complement and do not 11.35 needlessly duplicate or conflict with the systems of other 11.36 agencies. When state agencies have need for the same or similar 12.1 public data, the commissioner, in coordination with the affected 12.2 agencies, shall promote the most efficient and cost-effective 12.3 method of producing and storing data for or sharing data between 12.4 those agencies. The development of this information 12.5 architecture must include the establishment of standards and 12.6 guidelines to be followed by state agencies. 12.7 (c) The office shall assist state agencies in the planning 12.8 and management of information systems so that an individual 12.9 information system reflects and supports the state agency's 12.10 mission and the state's requirements and functions. 12.11 (d) The office shall review agency requests for legislative 12.12 appropriations for the development or purchase of information 12.13 systems equipment or software. 12.14 (e) The office shall review major purchases of information 12.15 systems equipment to: 12.16 (1) ensure that the equipment follows the standards and 12.17 guidelines of the state information architecture; 12.18 (2) ensure that the equipment is consistent with the 12.19 information management principles adopted by the information 12.20 policy council; 12.21 (3) evaluate whether the agency's proposed purchase 12.22 reflects a cost-effective policy regarding volume purchasing; 12.23 and 12.24 (4) ensure that the equipment is consistent with other 12.25 systems in other state agencies so that data can be shared among 12.26 agencies, unless the office determines that the agency 12.27 purchasing the equipment has special needs justifying the 12.28 inconsistency. 12.29 (f) The office shall review the operation of information 12.30 systems by state agencies and provide advice and assistance to 12.31 ensure that these systems are operated efficiently and 12.32 continually meet the standards and guidelines established by the 12.33 office. The standards and guidelines must emphasize uniformity 12.34 that encourages information interchange, open systems 12.35 environments, and portability of information whenever 12.36 practicable and consistent with an agency's authority and 13.1 chapter 13. The office, in consultation with the 13.2 intergovernmental information systems advisory council and the13.3 legislative reference library, shall recommend specific 13.4 standards and guidelines for each state agency within a time 13.5 period fixed by the office in regard to the following: 13.6 (1) establishing methods and systems directed at reducing 13.7 and ultimately eliminating redundant storage of data; and 13.8 (2) establishing information sales systems that utilize 13.9 licensing and royalty agreements to the greatest extent 13.10 possible, together with procedures for agency denial of requests 13.11 for licenses or royalty agreements by commercial users or 13.12 resellers of the information. Section 3.751 does not apply to 13.13 those licensing and royalty agreements, and the agreements must 13.14 include provisions that section 3.751 does not apply and that 13.15 the state is immune from liability under the agreement. 13.16 (g) The office shall conduct a comprehensive review at 13.17 least every three years of the information systems investments 13.18 that have been made by state agencies and higher education 13.19 institutions. The review must include recommendations on any 13.20 information systems applications that could be provided in a 13.21 more cost-beneficial manner by an outside source. The office 13.22 must report the results of its review to the legislature and the 13.23 governor. 13.24 (h) The office shall report to the legislature by January 13.25 15 of each year on progress in implementing paragraph (f), 13.26 clauses (1) and (2). 13.27 Sec. 12. Minnesota Statutes 2000, section 18B.36, 13.28 subdivision 1, is amended to read: 13.29 Subdivision 1. [REQUIREMENT.] (a) Except for a licensed 13.30 commercial or noncommercial applicator, only a certified private 13.31 applicator may use a restricted use pesticide to produce an 13.32 agricultural commodity: 13.33 (1) as a traditional exchange of services without financial 13.34 compensation; 13.35 (2) on a site owned, rented, or managed by the person or 13.36 the person's employees; or 14.1 (3) when the private applicator is one of two or fewer 14.2 specified individuals employed as agricultural laboremployment 14.3 as defined by section 268.04268.035, subdivision 12, paragraph14.4 (15), clause (a)2, and the owner or operator is a certified 14.5 private applicator or is licensed as a noncommercial applicator. 14.6 (b) A private applicator may not purchase a restricted use 14.7 pesticide without presenting a certified private applicator card 14.8 or the card number. 14.9 Sec. 13. Minnesota Statutes 2000, section 60B.03, 14.10 subdivision 6, is amended to read: 14.11 Subd. 6. [STATE.] "State" means any state of the United 14.12 States, the District of Columbia, the Commonwealth of Puerto 14.13 Rico, the Panama Canal Zone,and any other possession of the 14.14 United States. 14.15 Sec. 14. Minnesota Statutes 2000, section 62G.20, 14.16 subdivision 4, is amended to read: 14.17 Subd. 4. A person is not qualified for a license if upon 14.18 examination or reexamination it is determined that the person is 14.19 incompetent to act as an agent or solicitor; has acted in any 14.20 manner which would disqualify a person to hold a license as an 14.21 insurance agent or solicitor under section 60A.17, subdivision 614.22 sections 60K.09 and 60K.11; fails to produce documents lawfully 14.23 subpoenaed by the commissioner; or fails to appear at a hearing 14.24 to which that person is a party or has been lawfully subpoenaed. 14.25 Sec. 15. Minnesota Statutes 2000, section 62L.02, 14.26 subdivision 24, is amended to read: 14.27 Subd. 24. [QUALIFYING COVERAGE.] "Qualifying coverage" 14.28 means health benefits or health coverage provided under: 14.29 (1) a health benefit plan, as defined in this section, but 14.30 without regard to whether it is issued to a small employer and 14.31 including blanket accident and sickness insurance, other than 14.32 accident-only coverage, as defined in section 62A.11; 14.33 (2) part A or part B of Medicare; 14.34 (3) medical assistance under chapter 256B; 14.35 (4) general assistance medical care under chapter 256D; 14.36 (5) MCHA; 15.1 (6) a self-insured health plan; 15.2 (7) the MinnesotaCare program established under section 15.3 256L.02; 15.4 (8) a plan provided under section 43A.316, 43A.317, or 15.5 471.617; 15.6 (9) the Civilian Health and Medical Program of the 15.7 Uniformed Services (CHAMPUS) or other coverage provided under 15.8 United States Code, title 10, chapter 55; 15.9 (10) coverage provided by a health care network cooperative 15.10 under chapter 62R or by a health provider cooperative under15.11 section 62R.17; 15.12 (11) a medical care program of the Indian Health Service or 15.13 of a tribal organization; 15.14 (12) the federal Employees Health Benefits Plan, or other 15.15 coverage provided under United States Code, title 5, chapter 89; 15.16 (13) a health benefit plan under section 5(e) of the Peace 15.17 Corps Act, codified as United States Code, title 22, section 15.18 2504(e); 15.19 (14) a health plan; or 15.20 (15) a plan similar to any of the above plans provided in 15.21 this state or in another state as determined by the commissioner. 15.22 Sec. 16. Minnesota Statutes 2000, section 65B.05, is 15.23 amended to read: 15.24 65B.05 [POWER OF FACILITY, GOVERNING COMMITTEE.] 15.25 The governing committee shall have the power to direct the 15.26 operation of the facility in all pursuits consistent with the 15.27 purposes and terms of sections 65B.01 to 65B.12, including but 15.28 not limited to the following: 15.29 (1) To sue and be sued in the name of the facility and to 15.30 assess each member in accord with its participation ratio to pay 15.31 any judgment against the facility as an entity, provided, 15.32 however, that no judgment against the facility shall create any 15.33 liabilities in one or more members disproportionate to their 15.34 participation ratio or an individual representing members on the 15.35 governing committee. 15.36 (2) To delegate ministerial duties, to hire a manager and 16.1 to contract for goods and services from others. 16.2 (3) To assess members on the basis of participation ratios 16.3 to cover anticipated costs of operation and administration of 16.4 the facility. 16.5 (4) To impose limitations on cancellation or nonrenewal by 16.6 members of insureds covered pursuant to placement through the 16.7 facility in addition to the limitations imposed by chapter 72A 16.8 and sections 65B.1365B.1311 to 65B.21. 16.9 Sec. 17. Minnesota Statutes 2000, section 69.021, 16.10 subdivision 5, is amended to read: 16.11 Subd. 5. [CALCULATION OF STATE AID.] (a) The amount of 16.12 fire state aid available for apportionment, before the addition 16.13 of the minimum fire state aid allocation amount under 16.14 subdivision 7, is equal to 107 percent of the amount of premium 16.15 taxes paid to the state upon the fire, lightning, sprinkler 16.16 leakage, and extended coverage premiums reported to the 16.17 commissioner by insurers on the Minnesota Firetown Premium 16.18 Report. This amount shall be reduced by the amount required to 16.19 pay the state auditor's costs and expenses of the audits or 16.20 exams of the firefighters relief associations. 16.21 The total amount for apportionment in respect to fire state 16.22 aid must not be less than two percent of the premiums reported 16.23 to the commissioner by insurers on the Minnesota Firetown 16.24 Premium Report after subtracting the following amounts: 16.25 (1) the amount required to pay the state auditor's costs 16.26 and expenses of the audits or exams of the firefighters relief 16.27 associations; and 16.28 (2) one percent of the premiums reported by town and 16.29 farmers' mutual insurance companies and mutual property and 16.30 casualty companies with total assets of $5,000,000 or less. 16.31 (b) The total amount for apportionment as police state aid 16.32 is equal to 104 percent of the amount of premium taxes paid to 16.33 the state on the premiums reported to the commissioner by 16.34 insurers on the Minnesota Aid to Police Premium Report, plus the 16.35 payment amounts received under section 60A.152297I.05, 16.36 subdivision 8, since the last aid apportionment, and reduced by 17.1 the amount required to pay the costs and expenses of the state 17.2 auditor for audits or exams of police relief associations. The 17.3 total amount for apportionment in respect to the police state 17.4 aid program must not be less than two percent of the amount of 17.5 premiums reported to the commissioner by insurers on the 17.6 Minnesota Aid to Police Premium Report after subtracting the 17.7 amount required to pay the state auditor's cost and expenses of 17.8 the audits or exams of the police relief associations. 17.9 (c) The commissioner shall calculate the percentage of 17.10 increase or decrease reflected in the apportionment over or 17.11 under the previous year's available state aid using the same 17.12 premiums as a basis for comparison. 17.13 (d) The amount for apportionment in respect to peace 17.14 officer state aid under paragraph (b) must be further reduced by 17.15 $1,779,000 in fiscal year 1999, $2,077,000 in fiscal year 2000, 17.16 and $2,404,000 in fiscal year 2001. These reductions in this 17.17 paragraph cancel to the general fund. 17.18 Sec. 18. Minnesota Statutes 2000, section 80C.01, 17.19 subdivision 4, is amended to read: 17.20 Subd. 4. (a) "Franchise" means (1) a contract or 17.21 agreement, either express or implied, whether oral or written, 17.22 for a definite or indefinite period, between two or more persons: 17.23 (i) by which a franchisee is granted the right to engage in 17.24 the business of offering or distributing goods or services using 17.25 the franchisor's trade name, trademark, service mark, logotype, 17.26 advertising, or other commercial symbol or related 17.27 characteristics; 17.28 (ii) in which the franchisor and franchisee have a 17.29 community of interest in the marketing of goods or services at 17.30 wholesale, retail, by lease, agreement, or otherwise; and 17.31 (iii) for which the franchisee pays, directly or 17.32 indirectly, a franchise fee; or 17.33 (2) a contract, lease, or other agreement, either express 17.34 or implied, whether oral or written, for a definite or 17.35 indefinite period, between two or more persons, whereby the 17.36 franchisee is authorized, permitted, or granted the right to 18.1 market motor vehicle fuel at retail under the franchisor's trade 18.2 name, trademark, service mark, logotype, or other commercial 18.3 symbol or related characteristics owned or controlled by the 18.4 franchisor; or 18.5 (3) the sale or lease of any products, equipment, chattels, 18.6 supplies, or services to the purchaser, other than the sale of 18.7 sales demonstration equipment, materials or samples for a total 18.8 price of $500 or less to any one person, for the purpose of 18.9 enabling the purchaser to start a business and in which the 18.10 seller: 18.11 (i) represents that the seller, lessor, or an affiliate 18.12 thereof will provide locations or assist the purchaser in 18.13 finding locations for the use or operation of vending machines, 18.14 racks, display cases, or similar devices, or currency operated 18.15 amusement machines or devices, on premises neither owned or 18.16 leased by the purchaser or seller; or 18.17 (ii) represents that the seller will purchase any or all 18.18 products made, produced, fabricated, grown, bred, or modified by 18.19 the purchaser using, in whole or in part, the supplies, 18.20 services, or chattels sold to the purchaser; or 18.21 (iii) guarantees that the purchaser will derive income from 18.22 the business which exceeds the price paid to the seller; or 18.23 (4) an oral or written contract or agreement, either 18.24 expressed or implied, for a definite or indefinite period, 18.25 between two or more persons, under which a manufacturer, selling 18.26 security systems through dealers or distributors in this state, 18.27 requires regular payments from the distributor or dealer as 18.28 royalties or residuals for products purchased and paid for by 18.29 the dealer or distributor. 18.30 (b) "Franchise" does not include any business which is 18.31 operated under a lease or license on the premises of the lessor 18.32 or licensor as long as such business is incidental to the 18.33 business conducted by the lessor or licensor on such premises, 18.34 including, without limitation, leased departments, licensed 18.35 departments, and concessions. 18.36 (c) "Franchise" does not include any contract, lease or 19.1 other agreement whereby the franchisee is required to pay less 19.2 than $100 on an annual basis, except those franchises identified 19.3 in paragraph (a), clause (2). 19.4 (d) "Franchise" does not include a contract, lease or other 19.5 agreement between a new motor vehicle manufacturer, distributor, 19.6 or factory branch and a franchisee whereby the franchisee is 19.7 granted the right to market automobiles, motorcycles, trucks, 19.8 truck tractors, or self-propelled motor homes or campers if the 19.9 foregoing are designed primarily for the transportation of 19.10 persons or property on public highways. 19.11 (e) "Franchise" does not include a contract, lease, or 19.12 other agreement or arrangement between two or more air carriers, 19.13 or between one or more air carriers and one or more foreign air 19.14 carriers. The terms "air carrier" and "foreign air carrier" 19.15 shall have the meanings assigned to them by the Federal Aviation 19.16 Act, United States Code Appendix, title 49, sections 1301(3) and 19.17 1301(22), respectively. 19.18 (f) For purposes of this chapter, a person who sells motor 19.19 vehicle fuel at wholesale who does not own or control, or is not 19.20 an affiliate of a person who ,owns or controls, the trademark, 19.21 trade name, service mark, logotype, or other commercial symbol 19.22 or related characteristics under which the motor vehicle fuel is 19.23 sold at retail, is not a franchisor or a franchisee, and is not 19.24 considered to be part of a franchise relationship. 19.25 Sec. 19. Minnesota Statutes 2000, section 80C.147, is 19.26 amended to read: 19.27 80C.147 [CHANGE IN OWNERSHIP.] 19.28 A motor vehicle fuel franchisor, or an affiliate of such 19.29 franchisor, who (1) determines to (1)sell or transfer its 19.30 interests in marketing premises occupied by a franchisee, and 19.31 (2) in connection with such sale or transfer assigns its 19.32 interest as a franchisor in a franchise agreement applicable to 19.33 such premises, shall offer to the franchisee occupying the 19.34 premises those rights contained in United States Code, title 15, 19.35 section 2802(b)(3)(D)(iii)(I) or (II). This section expires 12 19.36 months after May 5, 2000. 20.1 Sec. 20. Minnesota Statutes 2000, section 84.965, 20.2 subdivision 2, is amended to read: 20.3 Subd. 2. [CORPS MEMBER STATUS; FEES.] All camp staff 20.4 except camp directors in the young adult program are corps 20.5 members. Corps members are not covered for unemployment 20.6 benefits if their services are excluded under section 20.7 268.04268.035, subdivision 1220, and they are not eligible for 20.8 other benefits except workers' compensation. The corps members 20.9 are not employees of the state of Minnesota within the meaning 20.10 of section 43A.02, subdivision 21. The commissioner may charge 20.11 a fee for any service performed by the corps. 20.12 Sec. 21. Minnesota Statutes 2000, section 84.98, 20.13 subdivision 5, is amended to read: 20.14 Subd. 5. [CORPS MEMBER STATUS.] Minnesota conservation 20.15 corps members are not covered for unemployment benefits if their 20.16 services are excluded under section 268.04268.035, 20.17 subdivision 1220, and they are not eligible for other benefits 20.18 except workers' compensation. The corps members are not 20.19 employees of the state within the meaning of section 43A.02, 20.20 subdivision 21. 20.21 Sec. 22. Minnesota Statutes 2000, section 85.055, 20.22 subdivision 1, is amended to read: 20.23 Subdivision 1. [FEES.] The fee for state park permits for: 20.24 (1) an annual use of state parks is $20; 20.25 (2) a second vehicle state park permit is $15; 20.26 (3) a state park permit valid up to two daysfor one day is 20.27 $4; 20.28 (4) a daily vehicle state park permit for groups is $2; 20.29 (5) an employee's state park permit is without charge; and 20.30 (6) a state park permit for handicapped persons under 20.31 section 85.053, subdivision 7, clauses (1) and (2), is $12. 20.32 The fees specified in this subdivision include any sales 20.33 tax required by state law. 20.34 Sec. 23. Minnesota Statutes 2000, section 86B.331, 20.35 subdivision 1, is amended to read: 20.36 Subdivision 1. [ACTS PROHIBITED.] (a) An owner or other 21.1 person having charge or control of a motorboat may not authorize 21.2 or allow an individual the person knows or has reason to believe 21.3 is under the influence of alcohol or a controlled or other 21.4 substance to operate the motorboat in operation on the waters of 21.5 this state. 21.6 (b) An owner or other person having charge or control of a 21.7 motorboat may not knowingly authorize or allow a person, who by 21.8 reason of a physical or mental disability is incapable of 21.9 operating the motorboat, to operate the motorboat in operation 21.10 on the waters of this state. 21.11 (c) A person who operates or is in physical control of a 21.12 motorboat on the waters of this state is subject to chapter 21.13 169A. In addition to the applicable sanctions under chapter 21.14 169A, a person who is convicted of violating section 169A.20 or 21.15 an ordinance in conformity with it while operating a motorboat, 21.16 shall be prohibited from operating the motorboat on the waters 21.17 of this state for a period of 90 days between May 1 and October 21.18 31, extending over two consecutive years if necessary. If the 21.19 person operating the motorboat refuses to comply with a lawful 21.20 demand to submit to testing under sections 169A.50 to 169A.53 or 21.21 an ordinance in conformity with it, the person shall be 21.22 prohibited from operating the motorboat for a period of one 21.23 year. The commissioner shall notify the person of the period 21.24 during which the person is prohibited from operating a motorboat. 21.25 (d) Administrative and judicial review of the operating 21.26 privileges prohibition is governed by section 97B.066, 21.27 subdivisions 7 to 9, if the person does not have a prior 21.28 impaired driving conviction or prior license revocation, as 21.29 defined in section 169A.03. Otherwise, administrative and 21.30 judicial review of the prohibition is governed by section 21.31 169A.53. 21.32 (e) The court shall promptly forward to the commissioner 21.33 and the department of public safety copies of all convictions 21.34 and criminal and civil sanctions imposed under this section and 21.35 chapterchapters 169 and 169A relating to motorboats. 21.36 (f) A person who violates paragraph (a) or (b), or an 22.1 ordinance in conformity with either of them, is guilty of a 22.2 misdemeanor. 22.3 (g) For purposes of this subdivision, a motorboat "in 22.4 operation" does not include a motorboat that is anchored, 22.5 beached, or securely fastened to a dock or other permanent 22.6 mooring, or a motorboat that is being rowed or propelled by 22.7 other than mechanical means. 22.8 Sec. 24. Minnesota Statutes 2000, section 103G.201, is 22.9 amended to read: 22.10 103G.201 [PUBLIC WATERS INVENTORY.] 22.11 (a) The commissioner shall prepare a public waters 22.12 inventory map of each county that shows the waters of this state 22.13 that are designated as public waters under the public waters 22.14 inventory and classification procedures prescribed under Laws 22.15 1979, chapter 199. The public waters inventory map for each 22.16 county must be filed with the auditor of the county. 22.17 (b) The commissioner is authorized to revise the list of 22.18 public waters established under Laws 1979, chapter 199, to 22.19 reclassify those types 3, 4, and 5 wetlands previously 22.20 identified as public waters wetlands under Laws 1979, chapter 22.21 199, as public waters or as wetlands under section 103G.005, 22.22 subdivision 19. The commissioner may only reclassify public 22.23 waters wetlands as public waters if: 22.24 (1) they are assigned a shoreland management classification 22.25 by the commissioner under sections 103F.201 to 103F.22103F.221; 22.26 or 22.27 (2) they are classified as lacustrine wetlands according to 22.28 Classification of Wetlands and Deepwater Habitats of the United 22.29 States (Cowardin, et al., 1979 edition). 22.30 (c) The commissioner must provide notice of the 22.31 reclassification to the local government unit, the county board, 22.32 the watershed district, if one exists for the area, and the soil 22.33 and water conservation district. Within 60 days of receiving 22.34 notice from the commissioner, a party required to receive the 22.35 notice may provide a resolution stating objections to the 22.36 reclassification. If the commissioner receives an objection 23.1 from a party required to receive the notice, the 23.2 reclassification is not effective. If the commissioner does not 23.3 receive an objection from a party required to receive the 23.4 notice, the reclassification of a wetland under paragraph (b) is 23.5 effective 60 days after the notice is received by all of the 23.6 parties. 23.7 (d) The commissioner shall give priority to the 23.8 reclassification of public waters wetlands that are or have the 23.9 potential to be affected by public works projects. 23.10 Sec. 25. Minnesota Statutes 2000, section 103G.2242, 23.11 subdivision 12, is amended to read: 23.12 Subd. 12. [REPLACEMENT CREDITS.] (a) No public or private 23.13 wetland restoration, enhancement, or construction may be allowed 23.14 for replacement unless specifically designated for replacement 23.15 and paid for by the individual or organization performing the 23.16 wetland restoration, enhancement, or construction, and is 23.17 completed prior to any draining or filling of the wetland. 23.18 (b) Paragraph (a) does not apply to a wetland whose owner 23.19 has paid back with interest the individual or organization 23.20 restoring, enhancing, or constructing the wetland. 23.21 (c) Notwithstanding section 103G.222, subdivision 1, 23.22 paragraph (i)(h), the following actions are eligible for 23.23 replacement credit as determined by the local government unit, 23.24 including enrollment in a statewide wetlands bank: 23.25 (1) Reestablishment of permanent vegetative cover on a 23.26 wetland that was planted with annually seeded crops, was in a 23.27 crop rotation seeding of pasture grasses or legumes, or was 23.28 required to be set aside to receive price supports or other 23.29 payments under United States Code, title 7, sections 1421 to 23.30 1469, in six of the last ten years prior to January 1, 1991. 23.31 Replacement credit may not exceed 50 percent of the total 23.32 wetland area vegetatively restored; 23.33 (2) Buffer areas of permanent vegetative cover established 23.34 on upland adjacent to replacement wetlands, provided that the 23.35 upland buffer must be established at the time of wetland 23.36 replacement and replacement credit for the buffer may not exceed 24.1 75 percent of the replacement wetland area and may only be used 24.2 for replacement above a 1:1 ratio; 24.3 (3) Wetlands restored for conservation purposes under 24.4 terminated easements or contracts, provided that up to 75 24.5 percent of the restored wetland area is eligible for replacement 24.6 credit and adjacent upland buffer areas reestablished to 24.7 permanent vegetative cover are eligible for replacement credit 24.8 above a 1:1 ratio in an amount not to exceed 25 percent of the 24.9 restored wetland area; and 24.10 (4) Water quality treatment ponds constructed to pretreat 24.11 storm water runoff prior to discharge to wetlands, public 24.12 waters, or other water bodies, provided that the water quality 24.13 treatment ponds must be associated with an ongoing or proposed 24.14 project that will impact a wetland and replacement credit for 24.15 the treatment ponds may not exceed 75 percent of the treatment 24.16 pond area and may only be used for replacement above a 1:1 ratio. 24.17 Sec. 26. Minnesota Statutes 2000, section 103G.2243, 24.18 subdivision 2, is amended to read: 24.19 Subd. 2. [PLAN CONTENTS.] A comprehensive wetland 24.20 protection and management plan may: 24.21 (1) provide for classification of wetlands in the plan area 24.22 based on: 24.23 (i) an inventory of wetlands in the plan area; 24.24 (ii) an assessment of the wetland functions listed in 24.25 section 103B.3355, using a methodology chosen by the technical 24.26 evaluation panel from one of the methodologies established or 24.27 approved by the board under that section; and 24.28 (iii) the resulting public values; 24.29 (2) vary application of the sequencing standards in section 24.30 103G.222, subdivision 1, paragraph (b), for projects based on 24.31 the classification and criteria set forth in the plan; 24.32 (3) vary the replacement standards of section 103G.222, 24.33 subdivision 1, paragraphs (f)(e) and (g)(f), based on the 24.34 classification and criteria set forth in the plan, for specific 24.35 wetland impacts provided there is no net loss of public values 24.36 within the area subject to the plan, and so long as: 25.1 (i) in a 50 to 80 percent area, a minimum acreage 25.2 requirement of one acre of replaced wetland for each acre of 25.3 drained or filled wetland requiring replacement is met within 25.4 the area subject to the plan; and 25.5 (ii) in a less than 50 percent area, a minimum acreage 25.6 requirement of two acres of replaced wetland for each acre of 25.7 drained or filled wetland requiring replacement is met within 25.8 the area subject to the plan, except that replacement for the 25.9 amount above a 1:1 ratio can be accomplished as described in 25.10 section 103G.2242, subdivision 12; 25.11 (4) in a greater than 80 percent area, allow replacement 25.12 credit, based on the classification and criteria set forth in 25.13 the plan, for any project that increases the public value of 25.14 wetlands, including activities on adjacent upland acres; and 25.15 (5) in a greater than 80 percent area, based on the 25.16 classification and criteria set forth in the plan, expand the 25.17 application of the exemptions in section 103G.2241, subdivision 25.18 1, paragraph (a), clause (4), to also include nonagricultural 25.19 land, provided there is no net loss of wetland values. 25.20 Sec. 27. Minnesota Statutes 2000, section 115.49, 25.21 subdivision 4, is amended to read: 25.22 Subd. 4. [NEW RATES AND CHARGES.] Any municipality which 25.23 is a party to a contract for any of the purposes specified in 25.24 subdivision 3, and which operates a plant for the disposal of 25.25 sewage, industrial wastes, or other wastes, or which is a city25.26 of the first class comprising a part of a sanitary district25.27 under chapter 445may, upon written notice to the other party or 25.28 parties, fix new rates and charges for the service performed 25.29 under the contract, notwithstanding any provision of law, 25.30 charter, or the contract to the contrary. Any other party or 25.31 parties to such a contract with a municipality which operates 25.32 such a plant , or with a city of the first class comprising a25.33 part of a sanitary district under chapter 445may, upon written 25.34 notice to such municipality, demand that new rates and charges 25.35 be fixed for service performed under the contract, 25.36 notwithstanding any provision of law, charter, or the contract 26.1 to the contrary. Whenever notice is given as provided herein, 26.2 it shall be the duty of the municipality operating the plant for 26.3 the disposal of sewage, industrial wastes, or other wastes , or a26.4 city of the first class comprising a part of a sanitary district26.5 under chapter 445,to hold a hearing for the determination of 26.6 proper rates and charges. A valid notice given under this 26.7 subdivision of a demand to fix new rates and charges as to any 26.8 contract precludes another such notice by any party as to that 26.9 contract for a period of five years from the time of the notice, 26.10 or the time of dismissal of proceedings under a notice, or the 26.11 time of determination of rates and charges by the affected 26.12 agencies or by judgment, as the case may be, whichever of these 26.13 events is last, but there may always be a contract change under 26.14 subdivision 3; provided there can be no such demand as of right 26.15 within the first five years of a contract. A municipality which 26.16 may be affected by determination of new rates and charges in 26.17 such a proceeding may participate in the proceeding as an 26.18 interested third party by filing a notice of its intention to so 26.19 participate with the clerk of the municipality to which the 26.20 original notice was directed. If any party to the contract 26.21 involved in the proceeding initiated by notice of demand for new 26.22 rates and charges is dissatisfied with the rates and charges as 26.23 set in the proceeding it may within 30 days after such 26.24 determination by written notice given to the other party or 26.25 parties elect to submit the matters in dispute to a board of 26.26 arbitration which shall be created as follows: The municipality 26.27 making such written election shall in such written election 26.28 appoint a referee; the other municipality shall within ten days 26.29 after such election and appointment also appoint a referee; the 26.30 two referees shall appoint a third referee, or if they fail for 26.31 ten days to do so, unless the municipalities mutually extend the 26.32 time for them to do so the district court of a judicial district 26.33 which is mutually agreeable to the municipalities shall make the 26.34 appointment of the third referee. A decision of the majority of 26.35 the board shall be a decision of the board. Each municipality 26.36 shall pay the compensation of the referee appointed by it, and 27.1 one-half of the compensation of the third referee, such 27.2 compensation to be at the rate usually charged by such person 27.3 for services in the person's profession or occupation. The 27.4 hearing initiated by the notice of demand to fix new rates and 27.5 charges and all proceedings in connection therewith shall be in 27.6 conformity with sections 14.57 to 14.62 and the municipality 27.7 conducting the hearing is an agency as such term is used in such 27.8 sections. Any party to the contract aggrieved by the decision 27.9 or order made in conformity with such provisions shall be 27.10 entitled to judicial review in the district court in the county 27.11 in which such decision or order was made and in the manner 27.12 provided in subdivision 5. The new rates and charges 27.13 established by the agency upon the initial demand will continue 27.14 until the proper rates and charges are finally determined, 27.15 notwithstanding submission to arbitration or judicial review, 27.16 but the order or judgment which finally determines legality will 27.17 provide for adjustment of overpayment or underpayment, if any, 27.18 during the period after the new rates and charges were initially 27.19 fixed. 27.20 All records of any municipality relating to such rates and 27.21 charges shall be available at all reasonable times for 27.22 examination by any municipality. 27.23 Sec. 28. Minnesota Statutes 2000, section 116J.994, 27.24 subdivision 6, is amended to read: 27.25 Subd. 6. [FAILURE TO MEET GOALS.] The subsidy agreement 27.26 must specify the recipient's obligation if the recipient does 27.27 not fulfill the agreement. At a minimum, the agreement must 27.28 require a recipient failing to meet subsidy agreement goals to 27.29 pay back the assistance plus interest to the grantor or, at the 27.30 grantor's option, to the account created under section 116J.551 27.31 provided that repayment may be prorated to reflect partial 27.32 fulfillment of goals. The interest rate must be set at no less 27.33 than the implicit price deflator as defined under section27.34 275.70, subdivision 2for government consumption expenditures 27.35 and gross investment for state and local governments prepared by 27.36 the bureau of economic analysis of the United States Department 28.1 of Commerce for the 12-month period ending March 31 of the 28.2 previous year. The grantor, after a public hearing, may extend 28.3 for up to one year the period for meeting the wage and job goals 28.4 under subdivision 4 provided in a subsidy agreement. A grantor 28.5 may extend the period for meeting other goals under subdivision 28.6 3, paragraph (a), clause (3), by documenting in writing the 28.7 reason for the extension and attaching a copy of the document to 28.8 its next annual report to the department. 28.9 A recipient that fails to meet the terms of a subsidy 28.10 agreement may not receive a business subsidy from any grantor 28.11 for a period of five years from the date of failure or until a 28.12 recipient satisfies its repayment obligation under this 28.13 subdivision, whichever occurs first. 28.14 Before a grantor signs a business subsidy agreement, the 28.15 grantor must check with the compilation and summary report 28.16 required by this section to determine if the recipient is 28.17 eligible to receive a business subsidy. 28.18 Sec. 29. Minnesota Statutes 2000, section 116J.995, is 28.19 amended to read: 28.20 116J.995 [ECONOMIC GRANTS.] 28.21 An appropriation rider in an appropriation to the 28.22 department of trade and economic development that specifies that 28.23 the appropriation be granted to a particular business or class 28.24 of businesses must contain a statement of the expected benefits 28.25 associated with the grant. At a minimum, the statement must 28.26 include goals for the number of jobs created, wages paid, and 28.27 the tax revenue increases due to the grant. The wage and job 28.28 goals must contain specific goals to be attained within two 28.29 years of the benefit date. The statement must specify the 28.30 recipient's obligation if the recipient does not attain the 28.31 goals. At a minimum, the statement must require a recipient 28.32 failing to meet the job and wage goals to pay back the 28.33 assistance plus interest to the department of trade and economic 28.34 development provided that repayment may be prorated to reflect 28.35 partial fulfillment of goals. The interest rate must be set at 28.36 no less than the implicit price deflator as defined under 29.1 section 275.70116J.994, subdivision 26. The legislature, 29.2 after a public hearing, may extend for up to one year the period 29.3 for meeting the goals provided in the statement. 29.4 Sec. 30. Minnesota Statutes 2000, section 116L.01, 29.5 subdivision 1, is amended to read: 29.6 Subdivision 1. [GENERALLY.] For the purposes of sections29.7 116L.01 to 116L.05this chapter, the terms defined in this 29.8 section have the meanings given them. 29.9 Sec. 31. Minnesota Statutes 2000, section 116P.08, 29.10 subdivision 2, is amended to read: 29.11 Subd. 2. [EXCEPTIONS.] Money from the trust fund may not 29.12 be spent for: 29.13 (1) purposes of environmental compensation and liability 29.14 under chapter 115B and response actions under chapter 115C; 29.15 (2) purposes of municipal water pollution control under the 29.16 authority of chapters 115 and 116 , including combined sewer29.17 overflow under section 116.162; 29.18 (3) costs associated with the decommissioning of nuclear 29.19 power plants; 29.20 (4) hazardous waste disposal facilities; 29.21 (5) solid waste disposal facilities; or 29.22 (6) projects or purposes inconsistent with the strategic 29.23 plan. 29.24 Sec. 32. Minnesota Statutes 2000, section 124D.892, 29.25 subdivision 3, is amended to read: 29.26 Subd. 3. [ADVISORY BOARD.] The commissioner shall 29.27 establish an advisory board composed of: 29.28 (1) nine superintendents, eight shall beof whom are 29.29 selected by the superintendents of the school districts located 29.30 in whole or in part within each of the eight metropolitan 29.31 districts established under section 473.123, subdivision 3c, and 29.32 one superintendent ofwho is from a district outside the 29.33 seven-county metropolitan area and is from a districtthat is 29.34 considered racially isolated or that has a racially isolated 29.35 school site according to Minnesota Rules, part 3535.0110; 29.36 (2) one person each selected by the Indian affairs council, 30.1 the council on Asian-Pacific Minnesotans, the council on Black 30.2 Minnesotans, and the council on affairs of Chicano/Latino 30.3 people; and 30.4 (3) the superintendent of independent school district No. 30.5 709, Duluth. 30.6 The advisory board shall advise the office on complying 30.7 with the requirements under subdivision 1. The advisory board 30.8 may solicit comments from teachers, parents, students, and 30.9 interested community organizations and others. 30.10 Sec. 33. Minnesota Statutes 2000, section 145.61, 30.11 subdivision 5, is amended to read: 30.12 Subd. 5. [REVIEW ORGANIZATION.] "Review organization" 30.13 means a nonprofit organization acting according to clause (k), a 30.14 committee as defined under section 144E.32, subdivision 2, or a 30.15 committee whose membership is limited to professionals, 30.16 administrative staff, and consumer directors, except where 30.17 otherwise provided for by state or federal law, and which is 30.18 established by one or more of the following: a hospital, a 30.19 clinic, a nursing home, an ambulance service or first responder 30.20 service regulated under chapter 144E, one or more state or local 30.21 associations of professionals, an organization of professionals 30.22 from a particular area or medical institution, a health 30.23 maintenance organization as defined in chapter 62D, a community 30.24 integrated service network as defined in chapter 62N, a 30.25 nonprofit health service plan corporation as defined in chapter 30.26 62C, a preferred provider organization, a professional standards 30.27 review organization established pursuant to United States Code, 30.28 title 42, section 1320c-1 et seq., a medical review agent 30.29 established to meet the requirements of section 256B.04, 30.30 subdivision 15, or 256D.03, subdivision 7, paragraph (b), the 30.31 department of human services, a health provider cooperative30.32 operating under sections 62R.17 to 62R.26,or a corporation 30.33 organized under chapter 317A that owns, operates, or is 30.34 established by one or more of the above referenced entities, to 30.35 gather and review information relating to the care and treatment 30.36 of patients for the purposes of: 31.1 (a) evaluating and improving the quality of health care 31.2 rendered in the area or medical institution or by the entity or 31.3 organization that established the review organization; 31.4 (b) reducing morbidity or mortality; 31.5 (c) obtaining and disseminating statistics and information 31.6 relative to the treatment and prevention of diseases, illness 31.7 and injuries; 31.8 (d) developing and publishing guidelines showing the norms 31.9 of health care in the area or medical institution or in the 31.10 entity or organization that established the review organization; 31.11 (e) developing and publishing guidelines designed to keep 31.12 within reasonable bounds the cost of health care; 31.13 (f) reviewing the quality or cost of health care services 31.14 provided to enrollees of health maintenance organizations, 31.15 community integrated service networks, health service plans, 31.16 preferred provider organizations, and insurance companies; 31.17 (g) acting as a professional standards review organization 31.18 pursuant to United States Code, title 42, section 1320c-1 et 31.19 seq.; 31.20 (h) determining whether a professional shall be granted 31.21 staff privileges in a medical institution, membership in a state 31.22 or local association of professionals, or participating status 31.23 in a nonprofit health service plan corporation, health 31.24 maintenance organization, community integrated service network, 31.25 preferred provider organization, or insurance company, or 31.26 whether a professional's staff privileges, membership, or 31.27 participation status should be limited, suspended or revoked; 31.28 (i) reviewing, ruling on, or advising on controversies, 31.29 disputes or questions between: 31.30 (1) health insurance carriers, nonprofit health service 31.31 plan corporations, health maintenance organizations, community 31.32 integrated service networks, self-insurers and their insureds, 31.33 subscribers, enrollees, or other covered persons; 31.34 (2) professional licensing boards and health providers 31.35 licensed by them; 31.36 (3) professionals and their patients concerning diagnosis, 32.1 treatment or care, or the charges or fees therefor; 32.2 (4) professionals and health insurance carriers, nonprofit 32.3 health service plan corporations, health maintenance 32.4 organizations, community integrated service networks, or 32.5 self-insurers concerning a charge or fee for health care 32.6 services provided to an insured, subscriber, enrollee, or other 32.7 covered person; 32.8 (5) professionals or their patients and the federal, state, 32.9 or local government, or agencies thereof; 32.10 (j) providing underwriting assistance in connection with 32.11 professional liability insurance coverage applied for or 32.12 obtained by dentists, or providing assistance to underwriters in 32.13 evaluating claims against dentists; 32.14 (k) acting as a medical review agent under section 256B.04, 32.15 subdivision 15, or 256D.03, subdivision 7, paragraph (b); 32.16 (l) providing recommendations on the medical necessity of a 32.17 health service, or the relevant prevailing community standard 32.18 for a health service; 32.19 (m) providing quality assurance as required by United 32.20 States Code, title 42, sections 1396r(b)(1)(b) and 32.21 1395i-3(b)(1)(b) of the Social Security Act; 32.22 (n) providing information to group purchasers of health 32.23 care services when that information was originally generated 32.24 within the review organization for a purpose specified by this 32.25 subdivision; or 32.26 (o) providing information to other, affiliated or 32.27 nonaffiliated review organizations, when that information was 32.28 originally generated within the review organization for a 32.29 purpose specified by this subdivision, and as long as that 32.30 information will further the purposes of a review organization 32.31 as specified by this subdivision. 32.32 Sec. 34. Minnesota Statutes 2000, section 148.511, is 32.33 amended to read: 32.34 148.511 [SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.] 32.35 Sections 148.511 to 148.5196 apply only to persons who are 32.36 applicants for registration, who are registered, who use 33.1 protected titles, or who represent that they are registered. 33.2 Sections 148.511 to 148.5196 do not apply to school personnel 33.3 licensed by the board of teaching under Minnesota Rules, part33.4 8700.5505, provided that school personnel practicing within the 33.5 scope of their licensed occupation preface titles protected 33.6 under section 148.513 with the words "school" or "educational." 33.7 Sec. 35. Minnesota Statutes 2000, section 148.6402, 33.8 subdivision 14, is amended to read: 33.9 Subd. 14. [OCCUPATIONAL THERAPIST.] Except as provided in33.10 section 148.6408, subdivision 3, paragraph (b),"Occupational 33.11 therapist" means an individual who meets the qualifications in 33.12 sections 148.6401 to 148.6450 and is licensed by the 33.13 commissioner. For purposes of section 148.6408, subdivision 3,33.14 paragraph (b), occupational therapist means the employment title33.15 of a natural person before June 17, 1996.33.16 Sec. 36. Minnesota Statutes 2000, section 148.6402, 33.17 subdivision 16, is amended to read: 33.18 Subd. 16. [OCCUPATIONAL THERAPY ASSISTANT.] Except as33.19 provided in section 148.6410, subdivision 3,"Occupational 33.20 therapy assistant" means an individual who meets the 33.21 qualifications for an occupational therapy assistant in sections 33.22 148.6401 to 148.6450 and is licensed by the commissioner. For33.23 purposes of section 148.6410, subdivision 3, occupational33.24 therapy assistant means the employment title of a natural person33.25 before June 17, 1996.33.26 Sec. 37. Minnesota Statutes 2000, section 148.6420, 33.27 subdivision 2, is amended to read: 33.28 Subd. 2. [PERSONS APPLYING FOR LICENSURE UNDER SECTION 33.29 148.6408 OR 148.6410.] Persons applying for licensure under 33.30 section 148.6408 , subdivisions 1 and 2,or 148.6410 ,33.31 subdivisions 1 and 2,must submit the materials required in 33.32 subdivision 1 and the following: 33.33 (1) a certificate of successful completion of the 33.34 requirements in section 148.6408, subdivision 1, or 148.6410, 33.35 subdivision 1; and 33.36 (2) the applicant's test results from the examining agency, 34.1 as evidence that the applicant received a qualifying score on a 34.2 credentialing examination meeting the requirements of section 34.3 148.6408, subdivision 2, or 148.6410, subdivision 2. 34.4 Sec. 38. Minnesota Statutes 2000, section 148.6420, 34.5 subdivision 4, is amended to read: 34.6 Subd. 4. [APPLICANTS CREDENTIALED IN ANOTHER 34.7 JURISDICTION.] In addition to providing the materials required 34.8 in subdivision 1, an applicant credentialed in another 34.9 jurisdiction must request that the appropriate government body 34.10 in each jurisdiction in which the applicant holds or held an 34.11 occupational therapy credential send a letter to the 34.12 commissioner that verifies the applicant's credentials. Except 34.13 as provided in section 148.6418, a license shall not be issued 34.14 until the commissioner receives letters verifying each of the 34.15 applicant's credentials. Each letter must include the 34.16 applicant's name ,and date of birth, credential number ,and date 34.17 of issuance, a statement regarding investigations pending and 34.18 disciplinary actions taken or pending against the applicant, 34.19 current status of the credential, and the terms under which the 34.20 credential was issued. 34.21 Sec. 39. Minnesota Statutes 2000, section 148.6425, 34.22 subdivision 2, is amended to read: 34.23 Subd. 2. [LICENSURE RENEWAL AFTER LICENSURE EXPIRATION 34.24 DATE.] Except as provided in subdivision 4,An individual whose 34.25 application for licensure renewal is received after the 34.26 licensure expiration date must submit the following: 34.27 (1) a completed and signed application for licensure 34.28 following lapse in licensed status on forms provided by the 34.29 commissioner; 34.30 (2) the renewal fee and the late fee required under section 34.31 148.6445; 34.32 (3) proof of having met the continuing education 34.33 requirements since the individual's initial licensure or last 34.34 licensure renewal; and 34.35 (4) additional information as requested by the commissioner 34.36 to clarify information in the application, including information 35.1 to determine whether the individual has engaged in conduct 35.2 warranting disciplinary action as set forth in section 35.3 148.6448. The information must be submitted within 30 days 35.4 after the commissioner's request. 35.5 Sec. 40. Minnesota Statutes 2000, section 148.6425, 35.6 subdivision 3, is amended to read: 35.7 Subd. 3. [LICENSURE RENEWAL FOUR YEARS OR MORE AFTER 35.8 LICENSURE EXPIRATION DATE.] (a) Except as provided in35.9 subdivision 4,An individual who requests licensure renewal four 35.10 years or more after the licensure expiration date must submit 35.11 the following: 35.12 (1) a completed and signed application for licensure on 35.13 forms provided by the commissioner; 35.14 (2) the renewal fee and the late fee required under section 35.15 148.6445; 35.16 (3) proof of having met the continuing education 35.17 requirement for the most recently completed two-year continuing 35.18 education cycle; and 35.19 (4) at the time of the next licensure renewal, proof of 35.20 having met the continuing education requirement, which shall be 35.21 prorated based on the number of months licensed during the 35.22 biennial licensure period. 35.23 (b) In addition to the requirements in paragraph (a), the 35.24 applicant must submit proof of one of the following: 35.25 (1) verified documentation of successful completion of 160 35.26 hours of supervised practice approved by the commissioner as 35.27 described in paragraph (c); 35.28 (2) verified documentation of having achieved a qualifying 35.29 score on the credentialing examination for occupational 35.30 therapists or the credentialing examination for occupational 35.31 therapy assistants administered within the past year; or 35.32 (3) documentation of having completed a combination of 35.33 occupational therapy courses or an occupational therapy 35.34 refresher program that contains both a theoretical and clinical 35.35 component approved by the commissioner. Only courses completed 35.36 within one year preceding the date of the application or one 36.1 year after the date of the application qualify for approval. 36.2 (c) To participate in a supervised practice as described in 36.3 paragraph (b), clause (1), the applicant shall obtain limited 36.4 licensure. To apply for limited licensure, the applicant shall 36.5 submit the completed limited licensure application, fees, and 36.6 agreement for supervision of an occupational therapist or 36.7 occupational therapy assistant practicing under limited 36.8 licensure signed by the supervising therapist and the 36.9 applicant. The supervising occupational therapist shall state 36.10 the proposed level of supervision on the supervision agreement 36.11 form provided by the commissioner. The supervising therapist 36.12 shall determine the frequency and manner of supervision based on 36.13 the condition of the patient or client, the complexity of the 36.14 procedure, and the proficiencies of the supervised occupational 36.15 therapist. At a minimum, a supervising occupational therapist 36.16 shall be on the premises at all times that the person practicing 36.17 under limited licensure is working; be in the room ten percent 36.18 of the hours worked each week by the person practicing under 36.19 provisionallimited licensure; and provide daily face-to-face 36.20 collaboration for the purpose of observing service competency of 36.21 the occupational therapist or occupational therapy assistant, 36.22 discussing treatment procedures and each client's response to 36.23 treatment, and reviewing and modifying, as necessary, each 36.24 treatment plan. The supervising therapist shall document the 36.25 supervision provided. The occupational therapist participating 36.26 in a supervised practice is responsible for obtaining the 36.27 supervision required under this paragraph and must comply with 36.28 the commissioner's requirements for supervision during the 36.29 entire 160 hours of supervised practice. The supervised 36.30 practice must be completed in two months and may be completed at 36.31 the applicant's place of work. 36.32 (d) In addition to the requirements in paragraphs (a) and 36.33 (b), the applicant must submit additional information as 36.34 requested by the commissioner to clarify information in the 36.35 application, including information to determine whether the 36.36 applicant has engaged in conduct warranting disciplinary action 37.1 as set forth in section 148.6448. The information must be 37.2 submitted within 30 days after the commissioner's request. 37.3 Sec. 41. Minnesota Statutes 2000, section 148.6448, 37.4 subdivision 1, is amended to read: 37.5 Subdivision 1. [GROUNDS FOR DENIAL OF LICENSURE OR 37.6 DISCIPLINE.] The commissioner may deny an application for 37.7 licensure, may approve licensure with conditions, or may 37.8 discipline a licensee using any disciplinary actions listed in 37.9 subdivision 3 on proof that the individual has: 37.10 (1) intentionally submitted false or misleading information 37.11 to the commissioner or the advisory council; 37.12 (2) failed, within 30 days, to provide information in 37.13 response to a written request by the commissioner or advisory 37.14 council; 37.15 (3) performed services of an occupational therapist or 37.16 occupational therapy assistant in an incompetent manner or in a 37.17 manner that falls below the community standard of care; 37.18 (4) failed to satisfactorily perform occupational therapy 37.19 services during a period of provisionaltemporary licensure; 37.20 (5) violated sections 148.6401 to 148.6450; 37.21 (6) failed to perform services with reasonable judgment, 37.22 skill, or safety due to the use of alcohol or drugs, or other 37.23 physical or mental impairment; 37.24 (7) been convicted of violating any state or federal law, 37.25 rule, or regulation which directly relates to the practice of 37.26 occupational therapy; 37.27 (8) aided or abetted another person in violating any 37.28 provision of sections 148.6401 to 148.6450; 37.29 (9) been disciplined for conduct in the practice of an 37.30 occupation by the state of Minnesota, another jurisdiction, or a 37.31 national professional association, if any of the grounds for 37.32 discipline are the same or substantially equivalent to those in 37.33 sections 148.6401 to 148.6450; 37.34 (10) not cooperated with the commissioner or advisory 37.35 council in an investigation conducted according to subdivision 37.36 2; 38.1 (11) advertised in a manner that is false or misleading; 38.2 (12) engaged in dishonest, unethical, or unprofessional 38.3 conduct in connection with the practice of occupational therapy 38.4 that is likely to deceive, defraud, or harm the public; 38.5 (13) demonstrated a willful or careless disregard for the 38.6 health, welfare, or safety of a client; 38.7 (14) performed medical diagnosis or provided treatment, 38.8 other than occupational therapy, without being licensed to do so 38.9 under the laws of this state; 38.10 (15) paid or promised to pay a commission or part of a fee 38.11 to any person who contacts the occupational therapist for 38.12 consultation or sends patients to the occupational therapist for 38.13 treatment; 38.14 (16) engaged in an incentive payment arrangement, other 38.15 than that prohibited by clause (15), that promotes occupational 38.16 therapy overutilization, whereby the referring person or person 38.17 who controls the availability of occupational therapy services 38.18 to a client profits unreasonably as a result of client 38.19 treatment; 38.20 (17) engaged in abusive or fraudulent billing practices, 38.21 including violations of federal Medicare and Medicaid laws, Food 38.22 and Drug Administration regulations, or state medical assistance 38.23 laws; 38.24 (18) obtained money, property, or services from a consumer 38.25 through the use of undue influence, high pressure sales tactics, 38.26 harassment, duress, deception, or fraud; 38.27 (19) performed services for a client who had no possibility 38.28 of benefiting from the services; 38.29 (20) failed to refer a client for medical evaluation when 38.30 appropriate or when a client indicated symptoms associated with 38.31 diseases that could be medically or surgically treated; 38.32 (21) engaged in conduct with a client that is sexual or may 38.33 reasonably be interpreted by the client as sexual, or in any 38.34 verbal behavior that is seductive or sexually demeaning to a 38.35 patient; 38.36 (22) violated a federal or state court order, including a 39.1 conciliation court judgment, or a disciplinary order issued by 39.2 the commissioner, related to the person's occupational therapy 39.3 practice; or 39.4 (23) any other just cause related to the practice of 39.5 occupational therapy. 39.6 Sec. 42. Minnesota Statutes 2000, section 153A.20, 39.7 subdivision 1, is amended to read: 39.8 Subdivision 1. [MEMBERSHIP.] The commissioner shall 39.9 appoint nine persons to a hearing instrument dispenser advisory 39.10 council. 39.11 (a) The nine persons must include: 39.12 (1) three public members, as defined in section 214.02. At 39.13 least one of the public members shall be a hearing instrument 39.14 user and one of the public members shall be either a hearing 39.15 instrument user or an advocate of one; and 39.16 (2) three hearing instrument dispensers certified under 39.17 sections 153A.14 to 153A.20, each of whom is currently, and has 39.18 been for the five years immediately preceding their appointment, 39.19 engaged in hearing instrument dispensing in Minnesota and who 39.20 represent the occupation of hearing instrument dispensing and 39.21 who are not audiologists; and 39.22 (3) three audiologists who are certified hearing instrument 39.23 dispensers ,or are registered as audiologists under Minnesota39.24 Rules,chapter 4750, or if no rules are in effect, audiologists39.25 who hold current certificates of clinical competence in39.26 audiology from the American Speech-Language-Hearing Association39.27 and who represent the occupation of audiology148. 39.28 (b) The factors the commissioner may consider when 39.29 appointing advisory council members include, but are not limited 39.30 to, professional affiliation, geographical location, and type of 39.31 practice. 39.32 (c) No two members of the advisory council shall be 39.33 employees of, or have binding contracts requiring sales 39.34 exclusively for, the same hearing instrument manufacturer or the 39.35 same employer. 39.36 Sec. 43. Minnesota Statutes 2000, section 168.012, 40.1 subdivision 1, is amended to read: 40.2 Subdivision 1. [VEHICLES EXEMPT FROM TAX AND REGISTRATION 40.3 FEES.] (a) The following vehicles are exempt from the provisions 40.4 of this chapter requiring payment of tax and registration fees, 40.5 except as provided in subdivision 1c: 40.6 (1) vehicles owned and used solely in the transaction of 40.7 official business by the federal government, the state, or any 40.8 political subdivision; 40.9 (2) vehicles owned and used exclusively by educational 40.10 institutions and used solely in the transportation of pupils to 40.11 and from such institutions; 40.12 (3) vehicles used solely in driver education programs at 40.13 nonpublic high schools; 40.14 (4) vehicles owned by nonprofit charities and used 40.15 exclusively to transport disabled persons for educational 40.16 purposes; 40.17 (5) vehicles owned and used by honorary consul; 40.18 (6) ambulances owned by ambulance services licensed under 40.19 section 144E.10, the general appearance of which is 40.20 unmistakable; and 40.21 (7) vehicles owned by a commercial driving school licensed 40.22 under section 171.34, or an employee of a commercial driving 40.23 school licensed under section 171.34, and the vehicle is used 40.24 exclusively for driver education and training. 40.25 (b) Vehicles owned by the federal government, municipal 40.26 fire apparatuses including fire-suppression support vehicles, 40.27 police patrols and ambulances, the general appearance of which 40.28 is unmistakable, shall not be required to register or display 40.29 number plates. 40.30 (c) Unmarked vehicles used in general police work, liquor 40.31 investigations, and arson investigations, and passenger 40.32 automobiles, pickup trucks, and buses owned or operated by the 40.33 department of corrections, shall be registered and shall display 40.34 appropriate license number plates which shall be furnished by 40.35 the registrar at cost. Original and renewal applications for 40.36 these license plates authorized for use in general police work 41.1 and for use by the department of corrections must be accompanied 41.2 by a certification signed by the appropriate chief of police if 41.3 issued to a police vehicle, the appropriate sheriff if issued to 41.4 a sheriff's vehicle, the commissioner of corrections if issued 41.5 to a department of corrections vehicle, or the appropriate 41.6 officer in charge if issued to a vehicle of any other law 41.7 enforcement agency. The certification must be on a form 41.8 prescribed by the commissioner and state that the vehicle will 41.9 be used exclusively for a purpose authorized by this section. 41.10 (d) Unmarked vehicles used by the departments of revenue 41.11 and labor and industry, fraud unit, in conducting seizures or 41.12 criminal investigations must be registered and must display 41.13 passenger vehicle classification license number plates which 41.14 shall be furnished at cost by the registrar. Original and 41.15 renewal applications for these passenger vehicle license plates 41.16 must be accompanied by a certification signed by the 41.17 commissioner of revenue or the commissioner of labor and 41.18 industry. The certification must be on a form prescribed by the 41.19 commissioner and state that the vehicles will be used 41.20 exclusively for the purposes authorized by this section. 41.21 (e) Unmarked vehicles used by the division of disease 41.22 prevention and control of the department of health must be 41.23 registered and must display passenger vehicle classification 41.24 license number plates. These plates must be furnished at cost 41.25 by the registrar. Original and renewal applications for these 41.26 passenger vehicle license plates must be accompanied by a 41.27 certification signed by the commissioner of health. The 41.28 certification must be on a form prescribed by the commissioner 41.29 and state that the vehicles will be used exclusively for the 41.30 official duties of the division of disease prevention and 41.31 control. 41.32 (f) All other motor vehicles shall be registered and 41.33 display tax-exempt number plates which shall be furnished by the 41.34 registrar at cost, except as provided in subdivision 1c. All 41.35 vehicles required to display tax-exempt number plates shall have 41.36 the name of the state department or political subdivision, 42.1 nonpublic high school operating a driver education program, or 42.2 licensed commercial driving school, on the vehicle plainly 42.3 displayed on both sides; except that each state hospital and 42.4 institution for the mentally ill and mentally retarded may have 42.5 one vehicle without the required identification on the sides of 42.6 the vehicle, and county social service agencies may have 42.7 vehicles used for child and vulnerable adult protective services 42.8 without the required identification on the sides of the 42.9 vehicle. Such identification shall be in a color giving 42.10 contrast with that of the part of the vehicle on which it is 42.11 placed and shall endure throughout the term of the 42.12 registration. The identification must not be on a removable 42.13 plate or placard and shall be kept clean and visible at all 42.14 times; except that a removable plate or placard may be utilized 42.15 on vehicles leased or loaned to a political subdivision or to a 42.16 nonpublic high school driver education program. 42.17 Sec. 44. Minnesota Statutes 2000, section 171.173, is 42.18 amended to read: 42.19 171.173 [SUSPENSION; UNDERAGE DRINKING OFFENSE.] 42.20 The commissioner of public safety shall suspend the license 42.21 of any person convicted of or any juvenile adjudicated for an 42.22 offense under section 340A.503, subdivision 1, paragraph (a), 42.23 clause (2), if the court has notified the commissioner of a 42.24 determination made under section 340A.503, subdivision 1,42.25 paragraph (c)169A.33, subdivision 4. The period of suspension 42.26 shall be for the applicable period specified in that paragraph42.27 section 169A.33. If the person does not have a license or if 42.28 the person's license is suspended or revoked at the time of the 42.29 conviction or adjudication, the commissioner shall, upon the 42.30 person's application for license issuance or reinstatement, 42.31 delay the issuance or reinstatement of the person's license for 42.32 the applicable time period specified in section 340A.503,42.33 subdivision 1, paragraph (c)169A.33. Upon receipt of the 42.34 court's order, the commissioner is authorized to take the 42.35 licensing action without a hearing. 42.36 Sec. 45. Minnesota Statutes 2000, section 204D.25, 43.1 subdivision 1, is amended to read: 43.2 Subdivision 1. [FORM.] Except as provided in subdivision 43.3 2, the county auditor shall prepare separate ballots for a 43.4 special primary and special election as required by sections 43.5 204D.17 to 204D.27. The ballots shall be headed "Special 43.6 Primary Ballot" or "Special Election Ballot" as the case may be, 43.7 followed by the date of the special primary or special 43.8 election. Immediately below the title of each office to be 43.9 filled shall be printed the words "To fill vacancy in term 43.10 expiring ..........," with the date of expiration of the term 43.11 and any other information that is necessary to distinguish the 43.12 office from any other office to be voted upon at the same 43.13 election. For a special primary or special election, the 43.14 instructions to voters may use the singular tenseform of the 43.15 word when referring to candidates and offices when only one 43.16 office is to be filled at the special election. Otherwise the 43.17 form of the ballots shall comply as far as practicable with the 43.18 laws relating to ballots for state primaries and state general 43.19 elections. The county auditor shall post a sample of each 43.20 ballot in the auditor's office as soon as prepared and not later 43.21 than four days before the special primary or special election. 43.22 Publication of the sample ballot for a special primary or 43.23 special election is not required. 43.24 Sec. 46. Minnesota Statutes 2000, section 216B.2424, 43.25 subdivision 6, is amended to read: 43.26 Subd. 6. [REMAINING MEGAWATT COMPLIANCE PROCESS.] (a) If 43.27 there remain megawatts of biomass power generating capacity to 43.28 fulfill the mandate in subdivision 5 after the commission has 43.29 taken final action on all contracts filed by September 1, 2000, 43.30 by a public utility, this subdivision governs final compliance 43.31 with the biomass energy mandate in subdivision 5 subject to the 43.32 requirements of subdivisionsubdivisions 7 and 8. 43.33 (b) To the extent not inconsistent with this subdivision, 43.34 the provisions of subdivisions 2, 3, 4, and 5 apply to proposals 43.35 subject to this subdivision. 43.36 (c) A public utility must submit proposals to the 44.1 commission to complete the biomass mandate. The commission 44.2 shall require a public utility subject to this section to issue 44.3 a request for competitive proposals for projects for electric 44.4 generation utilizing biomass as defined in paragraph (f) of this 44.5 subdivision to provide the remaining megawatts of the mandate. 44.6 The commission shall set an expedited schedule for submission of 44.7 proposals to the utility, selection by the utility of proposals 44.8 or projects, negotiation of contracts, and review by the 44.9 commission of the contracts or projects submitted by the utility 44.10 to the commission. 44.11 (d) Notwithstanding the provisions of subdivisions 1 to 5 44.12 but subject to the provisions of subdivisionsubdivisions 7 and 44.13 8, a new or existing facility proposed under this subdivision 44.14 that is fueled either by biomass or by co-firing biomass with 44.15 nonbiomass may satisfy the mandate in this section. Such a 44.16 facility need not use biomass that complies with the definition 44.17 in subdivision 1 if it uses biomass as defined in paragraph (f) 44.18 of this subdivision. Generating capacity produced by co-firing 44.19 of biomass that is operational as of April 25, 2000, does not 44.20 meet the requirements of the mandate, except that additional 44.21 co-firing capacity added at an existing facility after April 25, 44.22 2000, may be used to satisfy this mandate. Only the number of 44.23 megawatts of capacity at a facility which co-fires biomass that 44.24 are directly attributable to the biomass and that become 44.25 operational after April 25, 2000, count toward meeting the 44.26 biomass mandate in this section. 44.27 (e) Nothing in this subdivision precludes a facility 44.28 proposed and approved under this subdivision from using fuel 44.29 sources that are not biomass in compliance with subdivision 3. 44.30 (f) Notwithstanding the provisions of subdivision 1, for 44.31 proposals subject to this subdivision, "biomass" includes 44.32 farm-grown closed-loop biomass; agricultural wastes, including 44.33 animal, poultry, and plant wastes; and waste wood, including 44.34 chipped wood, bark, brush, residue wood, and sawdust. 44.35 (g) Nothing in this subdivision affects in any way 44.36 contracts entered into as of April 25, 2000, to satisfy the 45.1 mandate in subdivision 5. 45.2 (h) Nothing in this subdivision requires a public utility 45.3 to retrofit its own power plants for the purpose of co-firing 45.4 biomass fuel, nor is a utility prohibited from retrofitting its 45.5 own power plants for the purpose of co-firing biomass fuel to 45.6 meet the requirements of this subdivision. 45.7 Sec. 47. Minnesota Statutes 2000, section 237.065, 45.8 subdivision 1, is amended to read: 45.9 Subdivision 1. [BASIC SERVICE; FLAT RATE.] Each telephone 45.10 company , including a company that has developed an incentive45.11 plan under section 237.625,that provides local telephone 45.12 service in a service area that includes a school that has 45.13 classes within the range from kindergarten to 12th grade shall 45.14 provide, upon request, additional service to the school that is 45.15 sufficient to ensure access to basic telephone service from each 45.16 classroom and other areas within the school, as determined by 45.17 the school board. Each company shall set a flat rate for this 45.18 additional service that is less than the company's flat rate for 45.19 an access line for a business and the same as or greater than 45.20 the company's flat rate for an access line for a residence in 45.21 the same local telephone service exchange. When a company's 45.22 flat rates for businesses and residences are the same, the 45.23 company shall use the residential rate for service to schools 45.24 under this section. The rate required under this section is 45.25 available only for a school that installs additional service 45.26 that includes access to basic telephone service from each 45.27 classroom and other areas within the school, as determined by 45.28 the school board. 45.29 Sec. 48. Minnesota Statutes 2000, section 237.763, is 45.30 amended to read: 45.31 237.763 [EXEMPTION FROM RATE-OF-RETURN REGULATION AND RATE 45.32 INVESTIGATION.] 45.33 Except as provided in the plan and any subsequent plans, a 45.34 company that has an alternative regulation plan approved under 45.35 section 237.764, is not subject to the rate-of-return regulation 45.36 or earnings investigations provisions of section 237.075 or 46.1 237.081 during the term of the plan. A company with an approved 46.2 plan is not subject to the provisions of section 237.57; 237.58;46.3 237.59; 237.60, subdivisions 1, 2, 4, and 5; 237.62; 237.625;46.4 237.63; or 237.65, during the term of the plan. Except as 46.5 specifically provided in this section or in the approved plan, 46.6 the commission retains all of its authority under section 46.7 237.081 to investigate other matters and to issue appropriate 46.8 orders, and the department retains its authority under sections 46.9 216A.07 and 237.15 to investigate matters other than the 46.10 earnings of the company. 46.11 Sec. 49. Minnesota Statutes 2000, section 237.764, 46.12 subdivision 3, is amended to read: 46.13 Subd. 3. [EFFECT ON INCENTIVE PLAN.] The approval of a 46.14 plan under this section automatically terminates any existing 46.15 incentive plan previously approved under section 237.625, prior 46.16 to its expiration on August 1, 1999, upon the effective date of 46.17 the plan approved under this section , provided,. However, the 46.18 company remains obligated to share earnings under the terms of 46.19 the incentive plan through the date of the termination of that 46.20 plan and also is required to complete the performance of any 46.21 other unexecuted commitments under the incentive plan. 46.22 Sec. 50. Minnesota Statutes 2000, section 237.773, 46.23 subdivision 1, is amended to read: 46.24 Subdivision 1. [DEFINITION.] For purposes of this section, 46.25 "small telephone company" means a local exchange telephone 46.26 company with fewer than 50,000 subscribers that has made an 46.27 election under subdivision 2 whether or not the company is 46.28 subject to sections 237.58,237.59 ,and 237.60, subdivisions 1, 46.29 2, and 5 , 237.62, and 237.625. 46.30 Sec. 51. Minnesota Statutes 2000, section 256B.50, 46.31 subdivision 1, is amended to read: 46.32 Subdivision 1. [SCOPE.] A provider may appeal from a 46.33 determination of a payment rate established pursuant to this 46.34 chapter and reimbursement rules of the commissioner if the 46.35 appeal, if successful, would result in a change to the 46.36 provider's payment rate or to the calculation of maximum charges 47.1 to therapy vendors as provided by section 256B.433, subdivision 47.2 3. Appeals must be filed in accordance with procedures in this 47.3 section. This section does not apply to a request from a 47.4 resident or long-term care facility for reconsideration of the 47.5 classification of a resident under section 144.0722 or 144.0723. 47.6 Sec. 52. Minnesota Statutes 2000, section 260B.007, 47.7 subdivision 16, is amended to read: 47.8 Subd. 16. [JUVENILE PETTY OFFENDER; JUVENILE PETTY 47.9 OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 47.10 alcohol offense, a juvenile controlled substance offense, a 47.11 violation of section 609.685, or a violation of a local 47.12 ordinance, which by its terms prohibits conduct by a child under 47.13 the age of 18 years which would be lawful conduct if committed 47.14 by an adult. 47.15 (b) Except as otherwise provided in paragraph (c), 47.16 "juvenile petty offense" also includes an offense that would be 47.17 a misdemeanor if committed by an adult. 47.18 (c) "Juvenile petty offense" does not include any of the 47.19 following: 47.20 (1) a misdemeanor-level violation of section 588.20, 47.21 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 609.746, 47.22 609.79, or 617.23; 47.23 (2) a major traffic offense or an adult court traffic 47.24 offense, as described in section 260B.225; 47.25 (3) a misdemeanor-level offense committed by a child whom 47.26 the juvenile court previously has found to have committed a 47.27 misdemeanor, gross misdemeanor, or felony offense; or 47.28 (4) a misdemeanor-level offense committed by a child whom 47.29 the juvenile court has found to have committed a 47.30 misdemeanor-level juvenile petty offense on two or more prior 47.31 occasions, unless the county attorney designates the child on 47.32 the petition as a juvenile petty offender notwithstanding this 47.33 prior record. As used in this clause, "misdemeanor-level 47.34 juvenile petty offense" includes a misdemeanor-level offense 47.35 that would have been a juvenile petty offense if it had been 47.36 committed on or after July 1, 1995. 48.1 (d) A child who commits a juvenile petty offense is a 48.2 "juvenile petty offender." 48.3 Sec. 53. Minnesota Statutes 2000, section 268.022, 48.4 subdivision 1, is amended to read: 48.5 Subdivision 1. [DETERMINATION AND COLLECTION OF SPECIAL 48.6 ASSESSMENT.] (a) In addition to all other taxes, assessments, 48.7 and payment obligations under chapter 268, each employer, except 48.8 an employer making payments in lieu of taxes is liable for a 48.9 special assessment levied at the rate of one-tenth of one 48.10 percent per year until June 30, 2000, and seven-hundredths of 48.11 one percent per year on and after July 1, 2000, on all taxable 48.12 wages, as defined in section 268.04268.035, subdivision 25b48.13 24. The assessment shall become due and be paid by each 48.14 employer to the department on the same schedule and in the same 48.15 manner as other taxes. 48.16 (b) The special assessment levied under this section shall 48.17 not affect the computation of any other taxes, assessments, or 48.18 payment obligations due under this chapter. 48.19 Sec. 54. Minnesota Statutes 2000, section 268.6715, is 48.20 amended to read: 48.21 268.6715 [1997 MINNESOTA EMPLOYMENT AND ECONOMIC 48.22 DEVELOPMENT PROGRAM.] 48.23 The 1997 Minnesota employment and economic development 48.24 program is established to assist businesses and communities to 48.25 create jobs that provide the wages, benefits, and on-the-job 48.26 training opportunities necessary to help low-wage workers and 48.27 people transitioning from public assistance to get and retain 48.28 jobs, and to help their families to move out of poverty. 48.29 Employment obtained under this program is not excluded from the 48.30 definition of "employment" by section 268.04268.035, 48.31 subdivision 1220, clause (10), paragraph (d)(11). 48.32 Sec. 55. Minnesota Statutes 2000, section 270.67, 48.33 subdivision 4, is amended to read: 48.34 Subd. 4. [OFFER-IN-COMPROMISE AND INSTALLMENT PAYMENT 48.35 PROGRAM.] (a) In implementing the authority provided in 48.36 subdivision 12 or in section 8.30 to accept offers of 49.1 installment payments or offers-in-compromise of tax liabilities, 49.2 the commissioner of revenue shall prescribe guidelines for 49.3 employees of the department of revenue to determine whether an 49.4 offer-in-compromise or an offer to make installment payments is 49.5 adequate and should be accepted to resolve a dispute. In 49.6 prescribing the guidelines, the commissioner shall develop and 49.7 publish schedules of national and local allowances designed to 49.8 provide that taxpayers entering into a compromise or payment 49.9 agreement have an adequate means to provide for basic living 49.10 expenses. The guidelines must provide that the taxpayer's 49.11 ownership interest in a motor vehicle, to the extent of the 49.12 value allowed in section 550.37, will not be considered as an 49.13 asset; in the case of an offer related to a joint tax liability 49.14 of spouses, that value of two motor vehicles must be excluded. 49.15 The guidelines must provide that employees of the department 49.16 shall determine, on the basis of the facts and circumstances of 49.17 each taxpayer, whether the use of the schedules is appropriate 49.18 and that employees must not use the schedules to the extent the 49.19 use would result in the taxpayer not having adequate means to 49.20 provide for basic living expenses. The guidelines must provide 49.21 that: 49.22 (1) an employee of the department shall not reject an 49.23 offer-in-compromise or an offer to make installment payments 49.24 from a low-income taxpayer solely on the basis of the amount of 49.25 the offer; and 49.26 (2) in the case of an offer-in-compromise which relates 49.27 only to issues of liability of the taxpayer: 49.28 (i) the offer must not be rejected solely because the 49.29 commissioner is unable to locate the taxpayer's return or return 49.30 information for verification of the liability; and 49.31 (ii) the taxpayer shall not be required to provide an 49.32 audited, reviewed, or compiled financial statement. 49.33 (b) The commissioner shall establish procedures: 49.34 (1) that require presentation of a counteroffer or a 49.35 written rejection of the offer by the commissioner if the amount 49.36 offered by the taxpayer in an offer-in-compromise or an offer to 50.1 make installment payments is not accepted by the commissioner; 50.2 (2) for an administrative review of any written rejection 50.3 of a proposed offer-in-compromise or installment agreement made 50.4 by a taxpayer under this section before the rejection is 50.5 communicated to the taxpayer; 50.6 (3) that allow a taxpayer to request reconsideration of any 50.7 written rejection of the offer or agreement to the commissioner 50.8 of revenue to determine whether the rejection is reasonable and 50.9 appropriate under the circumstances; and 50.10 (4) that provide for notification to the taxpayer when an 50.11 offer-in-compromise has been accepted, and issuance of 50.12 certificates of release of any liens imposed under section 50.13 270.69 related to the liability which is the subject of the 50.14 compromise. 50.15 Sec. 56. Minnesota Statutes 2000, section 289A.18, 50.16 subdivision 4, is amended to read: 50.17 Subd. 4. [SALES AND USE TAX RETURNS.] (a) Sales and use 50.18 tax returns must be filed on or before the 20th day of the month 50.19 following the close of the preceding reporting period, except 50.20 that annual use tax returns provided for under section 289A.11, 50.21 subdivision 1, must be filed by April 15 following the close of 50.22 the calendar year, in the case of individuals. Annual use tax 50.23 returns of businesses, including sole proprietorships, and 50.24 annual sales tax returns must be filed by February 5 following 50.25 the close of the calendar year. 50.26 (b) Except for the return for the June reporting period, 50.27 which is due on the following August 25, returns filed by 50.28 retailers required to remit liabilities by means of funds 50.29 transfer under section 289A.20, subdivision 4, 50.30 paragraph (d)(c), are due on or before the 25th day of the 50.31 month following the close of the preceding reporting period. 50.32 (c) If a retailer has an average sales and use tax 50.33 liability, including local sales and use taxes administered by 50.34 the commissioner, equal to or less than $500 per month in any 50.35 quarter of a calendar year, and has substantially complied with 50.36 the tax laws during the preceding four calendar quarters, the 51.1 retailer may request authorization to file and pay the taxes 51.2 quarterly in subsequent calendar quarters. The authorization 51.3 remains in effect during the period in which the retailer's 51.4 quarterly returns reflect sales and use tax liabilities of less 51.5 than $1,500 and there is continued compliance with state tax 51.6 laws. 51.7 (d) If a retailer has an average sales and use tax 51.8 liability, including local sales and use taxes administered by 51.9 the commissioner, equal to or less than $100 per month during a 51.10 calendar year, and has substantially complied with the tax laws 51.11 during that period, the retailer may request authorization to 51.12 file and pay the taxes annually in subsequent years. The 51.13 authorization remains in effect during the period in which the 51.14 retailer's annual returns reflect sales and use tax liabilities 51.15 of less than $1,200 and there is continued compliance with state 51.16 tax laws. 51.17 (e) The commissioner may also grant quarterly or annual 51.18 filing and payment authorizations to retailers if the 51.19 commissioner concludes that the retailers' future tax 51.20 liabilities will be less than the monthly totals identified in 51.21 paragraphs (c) and (d). An authorization granted under this 51.22 paragraph is subject to the same conditions as an authorization 51.23 granted under paragraphs (c) and (d). 51.24 (f) A taxpayer who is a materials supplier may report gross 51.25 receipts either on: 51.26 (1) the cash basis as the consideration is received; or 51.27 (2) the accrual basis as sales are made. 51.28 As used in this paragraph, "materials supplier" means a person 51.29 who provides materials for the improvement of real property; who 51.30 is primarily engaged in the sale of lumber and building 51.31 materials-related products to owners, contractors, 51.32 subcontractors, repairers, or consumers; who is authorized to 51.33 file a mechanics lien upon real property and improvements under 51.34 chapter 514; and who files with the commissioner an election to 51.35 file sales and use tax returns on the basis of this paragraph. 51.36 Sec. 57. Minnesota Statutes 2000, section 289A.40, is 52.1 amended by adding a subdivision to read: 52.2 Subd. 4. [PROPERTY TAX REFUND CLAIMS.] A property tax 52.3 refund claim under chapter 290A is not allowed if the initial 52.4 claim is filed more than one year after the original due date 52.5 for filing the claim. 52.6 Sec. 58. Minnesota Statutes 2000, section 289A.50, 52.7 subdivision 7, is amended to read: 52.8 Subd. 7. [REMEDIES.] (a) If the taxpayer is notified by 52.9 the commissioner that the refund claim is denied in whole or in 52.10 part, the taxpayer may: 52.11 (1) file an administrative appeal as provided in section 52.12 289A.65, or an appeal with the tax court, within 60 days after 52.13 issuance of the commissioner's notice of denial; or 52.14 (2) file an action in the district court to recover the 52.15 refund. 52.16 (b) An action in the district court on a denied claim for 52.17 refund must be brought within 18 months of the date of the 52.18 denial of the claim by the commissioner. 52.19 (c) No action in the district court or the tax court shall 52.20 be brought within six months of the filing of the refund claim 52.21 unless the commissioner denies the claim within that period. 52.22 (d) If a taxpayer files a claim for refund and the 52.23 commissioner has not issued a denial of the claim, the taxpayer 52.24 may bring an action in the district court or the tax court at 52.25 any time after the expiration of six months offrom the time the 52.26 claim was filed. 52.27 (e) The commissioner and the taxpayer may agree to extend 52.28 the period for bringing an action in the district court. 52.29 (f) An action for refund of tax by the taxpayer must be 52.30 brought in the district court of the district in which lies the 52.31 county of the taxpayer's residence or principal place of 52.32 business. In the case of an estate or trust, the action must be 52.33 brought at the principal place of its administration. Any 52.34 action may be brought in the district court for Ramsey county. 52.35 Sec. 59. Minnesota Statutes 2000, section 289A.60, 52.36 subdivision 12, is amended to read: 53.1 Subd. 12. [PENALTIES RELATING TO PROPERTY TAX REFUNDS.] 53.2 (a) If the commissioner determines that a property tax refund 53.3 claim is or was excessive and was filed with fraudulent intent, 53.4 the claim must be disallowed in full. If the claim has been 53.5 paid, the amount disallowed may be recovered by assessment and 53.6 collection. 53.7 (b) If it is determined that a property tax refund claim is 53.8 excessive and was negligently prepared, ten percent of the 53.9 corrected claim must be disallowed. If the claim has been paid, 53.10 the amount disallowed must be recovered by assessment and 53.11 collection. 53.12 (c) An owner who without reasonable cause fails to give a 53.13 certificate of rent constituting property tax to a renter, as 53.14 required by section 290A.19, paragraph (a), is liable to the 53.15 commissioner for a penalty of $100 for each failure. 53.16 (d) If the owner or managing agent knowingly gives rent 53.17 certificates that report total rent constituting property taxes 53.18 in excess of the amount of actual rent constituting property 53.19 taxes paid on the rented part of a property, the owner or 53.20 managing agent is liable for a penalty equal to the greater of 53.21 (1) $100 or (2) 50 percent of the excess that is reported. An 53.22 overstatement of rent constituting property taxes is presumed to 53.23 be knowingly made if it exceeds by ten percent or more the 53.24 actual rent constituting property taxes. 53.25 (e) No claim is allowed if the initial claim is filed more53.26 than one year after the original due date for filing the claim.53.27 Sec. 60. Minnesota Statutes 2000, section 289A.60, 53.28 subdivision 21, is amended to read: 53.29 Subd. 21. [PENALTY FOR FAILURE TO MAKE PAYMENT BY 53.30 ELECTRONIC FUNDS TRANSFER.] In addition to other applicable 53.31 penalties imposed by this section, after notification from the 53.32 commissioner to the taxpayer that payments are required to be 53.33 made by means of electronic funds transfer under section 53.34 289A.20, subdivision 2, paragraph (e), or 4, paragraph (d)(c), 53.35 or 289A.26, subdivision 2a, and the payments are remitted by 53.36 some other means, there is a penalty in the amount of five 54.1 percent of each payment that should have been remitted 54.2 electronically. The penalty can be abated under the abatement 54.3 procedures prescribed in section 270.07, subdivision 6, if the 54.4 failure to remit the payment electronically is due to reasonable 54.5 cause. 54.6 Sec. 61. Minnesota Statutes 2000, section 297I.60, 54.7 subdivision 2, is amended to read: 54.8 Subd. 2. [REMEDIES.] (a) If the taxpayer is notified that 54.9 the refund claim is denied in whole or in part, the taxpayer may 54.10 contest the denial by: 54.11 (1) filing an administrative appeal with the commissioner 54.12 under section 297I.95; 54.13 (2) filing an appeal in tax court within 60 days of the 54.14 date of the notice of denial; or 54.15 (3) filing an action in the district court to recover the 54.16 refund. 54.17 (b) An action in the district court must be brought within 54.18 18 months following the date of the notice of denial. An action 54.19 for refund of tax or surcharge must be brought in the district 54.20 court of the district in which lies the taxpayer's principal 54.21 place of business or in the district court for Ramsey county. 54.22 If a taxpayer files a claim for refund and the commissioner has 54.23 not issued a denial of the claim, the taxpayer may bring an 54.24 action in the district court or the tax court at any time after 54.25 the expiration of six months offrom the time the claim was 54.26 filed. 54.27 Sec. 62. Minnesota Statutes 2000, section 299C.67, 54.28 subdivision 2, is amended to read: 54.29 Subd. 2. [BACKGROUND CHECK CRIME.] "Background check 54.30 crime" means: 54.31 (a)(1) a felony violation of section 609.185 (first degree 54.32 murder); 609.19 (second degree murder); 609.20 (first degree 54.33 manslaughter); 609.221 (first degree assault); 609.222 (second 54.34 degree assault); 609.223 (third degree assault); 609.25 54.35 (kidnapping); 609.342 (first degree criminal sexual conduct); 54.36 609.343 (second degree criminal sexual conduct); 609.344 (third 55.1 degree criminal sexual conduct); 609.345 (fourth degree criminal 55.2 sexual conduct); 609.561 (first degree arson); or 609.749 55.3 (harassment and stalking); 55.4 (2) an attempt to commit a crime in clause (1); or 55.5 (3) a conviction for a crime in another jurisdiction that 55.6 would be a violation under clause (1) or an attempt under clause 55.7 (1)(2) in this state; or 55.8 (b)(1) a felony violation of section 609.195 (third degree 55.9 murder); 609.205 (second degree manslaughter); 609.21 (criminal 55.10 vehicular homicide and injury); 609.2231 (fourth degree 55.11 assault); 609.224 (fifth degree assault); 609.24 (simple 55.12 robbery); 609.245 (aggravated robbery); 609.255 (false 55.13 imprisonment); 609.52 (theft); 609.582, subdivision 1 or 2 55.14 (burglary); 609.713 (terroristic threats); or a nonfelony 55.15 violation of section 609.749 (harassment and stalking); 55.16 (2) an attempt to commit a crime in clause (1); or 55.17 (3) a conviction for a crime in another jurisdiction that 55.18 would be a violation under clause (1) or an attempt under clause 55.19 (1)(2) in this state. 55.20 Sec. 63. Minnesota Statutes 2000, section 299N.02, 55.21 subdivision 2, is amended to read: 55.22 Subd. 2. [TERMS; CHAIR; COMPENSATION.] Members of the 55.23 board shall serve for terms of four years and annually elect a 55.24 chair from among the members. Terms and filling of vacancies 55.25 are subject to section 15.0575, subdivisions 3 to2, 4, and 5. 55.26 Members serve without compensation. 55.27 Sec. 64. Minnesota Statutes 2000, section 322B.960, 55.28 subdivision 1, is amended to read: 55.29 Subdivision 1. [ANNUAL REGISTRATION FORM.] Each calendar 55.30 year beginning in the calendar year following the calendar year 55.31 in which a limited liability company files articles of 55.32 organization, the secretary of state must mail by first class 55.33 mail an annual registration form to the registered office of 55.34 each limited liability company as shown on the records of the 55.35 secretary of state. The form must include the following notice: 55.36 "NOTICE: Failure to file this form by December 31 of this 56.1 year will result in the dissolutiontermination or revocation of 56.2 this limited liability company without further notice from the 56.3 secretary of state, pursuant to Minnesota Statutes, section 56.4 322B.960." 56.5 Sec. 65. Minnesota Statutes 2000, section 356.371, 56.6 subdivision 1, is amended to read: 56.7 Subdivision 1. [DEFINITIONS.] As used in this section, the 56.8 following terms shall have the meanings given. 56.9 (1) "Annuity form" means the payment procedure and duration 56.10 of a retirement annuity or disability benefit available to a 56.11 member of a public pension fund, based on the period over which 56.12 a retirement annuity or disability benefit is payable, 56.13 determined by the number of persons to whom the retirement 56.14 annuity or disability benefit is payable, and the amount of the 56.15 retirement annuity or disability benefit which is payable to 56.16 each person. 56.17 (2) "Joint and survivor optional annuity" means an optional 56.18 annuity form which provides a retirement annuity or disability 56.19 benefit to a retired member and the spouse of the member on a 56.20 joint basis during the lifetime of the retired member and all or 56.21 a portion of the original retirement annuity or disability 56.22 benefit amount to the surviving spouse in the event of the death 56.23 of the retired member. 56.24 (3) "Optional annuity form" means an annuity form which is 56.25 elected by a member and is not provided automatically as the 56.26 standard annuity form of the public pension fund. 56.27 (4) "Public pension fund" means a public pension plan as 56.28 defined pursuant to section 356.61356.615, paragraph (b). 56.29 (5) "Retirement annuity" means a series of monthly payments 56.30 to which a former or retired member of a public pension fund is 56.31 entitled on account of attaining a specified age and acquiring 56.32 credit for a specified period of service, which shall include a 56.33 retirement annuity, retirement allowance or service pension. 56.34 (6) "Disability benefit" means a series of monthly payments 56.35 to which a former or disabled member of a public pension fund is 56.36 entitled on account of a physical or mental inability to engage 57.1 in specified employment. 57.2 Sec. 66. Minnesota Statutes 2000, section 356.62, is 57.3 amended to read: 57.4 356.62 [PAYMENT OF EMPLOYEE CONTRIBUTION.] 57.5 For purposes of any public pension plan, as defined in 57.6 section 356.61365.615, paragraph (b), each employer shall pick 57.7 up the employee contributions required pursuant to law or the 57.8 pension plan for all salary payable after December 31, 1982. If 57.9 the United States Treasury department rules that pursuant to 57.10 section 414(h) of the Internal Revenue Code of 1986, as amended 57.11 through December 31, 1992, that these picked up contributions 57.12 are not includable in the employee's adjusted gross income until 57.13 they are distributed or made available, then these picked up 57.14 contributions shall be treated as employer contributions in 57.15 determining tax treatment pursuant to the Internal Revenue Code 57.16 of 1986, as amended through December 31, 1992, and the employer 57.17 shall discontinue withholding federal income taxes on the amount 57.18 of these contributions. The employer shall pay these picked up 57.19 contributions from the same source of funds as is used to pay 57.20 the salary of the employee. The employer shall pick up these 57.21 employee contributions by a reduction in the cash salary of the 57.22 employee. 57.23 Employee contributions that are picked up shall be treated 57.24 for all purposes of the public pension plan in the same manner 57.25 and to the same extent as employee contributions that were made 57.26 prior to the date on which the employee contributions pick up 57.27 began. The amount of the employee contributions that are picked 57.28 up shall be included in the salary upon which retirement 57.29 coverage is credited and retirement and survivor's benefits are 57.30 determined. For purposes of this section, "employee" means any 57.31 person covered by a public pension plan. For purposes of this 57.32 section, "employee contributions" include any sums deducted from 57.33 the employee's salary or wages or otherwise paid in lieu 57.34 thereof, regardless of whether they are denominated 57.35 contributions by the public pension plan. 57.36 For any calendar year in which withholding has been reduced 58.1 pursuant to this section, the employing unit shall supply each 58.2 employee and the commissioner of revenue with an information 58.3 return indicating the amount of the employer's picked-up 58.4 contributions for the calendar year that were not subject to 58.5 withholding. This return shall be provided to the employee not 58.6 later than January 31 of the succeeding calendar year. The 58.7 commissioner of revenue shall prescribe the form of the return 58.8 and the provisions of section 289A.12 shall apply to the extent 58.9 not inconsistent with the provisions of this section. 58.10 Sec. 67. Minnesota Statutes 2000, section 356.65, 58.11 subdivision 1, is amended to read: 58.12 Subdivision 1. [DEFINITIONS.] For purposes of this 58.13 section, unless the context clearly indicates otherwise, the 58.14 following terms shall have the meanings given to them: 58.15 (a) "Public pension fund" means any public pension plan as 58.16 defined in section 356.61356.615, paragraph (b), and any 58.17 Minnesota volunteer firefighters relief association which is 58.18 established pursuant to chapter 424A and governed pursuant to 58.19 sections 69.771 to 69.776. 58.20 (b) "Unclaimed public pension fund amounts" means any 58.21 amounts representing accumulated member contributions, any 58.22 outstanding unpaid annuity, service pension or other retirement 58.23 benefit payments, including those made on warrants issued by the 58.24 commissioner of finance, which have been issued and delivered 58.25 for more than six months prior to the date of the end of the 58.26 fiscal year applicable to the public pension fund, and any 58.27 applicable interest to the credit of: 58.28 (1) an inactive or former member of a public pension fund 58.29 who is not entitled to a defined retirement annuity and who has 58.30 not applied for a refund of those amounts within five years 58.31 after the last member contribution was made; 58.32 (2) a deceased inactive or former member of a public 58.33 pension fund if no survivor is entitled to a survivor benefit 58.34 and no survivor, designated beneficiary or legal representative 58.35 of the estate has applied for a refund of those amounts within 58.36 five years after the date of death of the inactive or former 59.1 member. 59.2 Sec. 68. Minnesota Statutes 2000, section 401.06, is 59.3 amended to read: 59.4 401.06 [COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY; 59.5 COMPLIANCE.] 59.6 No county or group of counties electing to provide 59.7 correctional services pursuant to sections 401.01 to 401.16 59.8 shall be eligible for the subsidy herein provided unless and 59.9 until its comprehensive plan shall have been approved by the 59.10 commissioner. The commissioner shall, pursuant to the 59.11 administrative procedure act, promulgate rules establishing 59.12 standards of eligibility for counties to receive funds under 59.13 sections 401.01 to 401.16. To remain eligible for subsidy 59.14 counties shall maintain substantial compliance with the minimum 59.15 standards established pursuant to sections 401.01 to 401.16 and 59.16 the policies and procedures governing the services described in 59.17 section 401.02, subdivision 4401.025 as prescribed by the 59.18 commissioner. Counties shall also be in substantial compliance 59.19 with other correctional operating standards permitted by law and 59.20 established by the commissioner. The commissioner shall review 59.21 annually the comprehensive plans submitted by participating 59.22 counties, including the facilities and programs operated under 59.23 the plans. The commissioner is hereby authorized to enter upon 59.24 any facility operated under the plan, and inspect books and 59.25 records, for purposes of recommending needed changes or 59.26 improvements. 59.27 When the commissioner shall determine that there are 59.28 reasonable grounds to believe that a county or group of counties 59.29 is not in substantial compliance with minimum standards, at 59.30 least 30 days' notice shall be given the county or counties and 59.31 a hearing conducted by the commissioner to ascertain whether 59.32 there is substantial compliance or satisfactory progress being 59.33 made toward compliance. The commissioner may suspend all or a 59.34 portion of any subsidy until the required standard of operation 59.35 has been met. 59.36 Sec. 69. Minnesota Statutes 2000, section 462.352, 60.1 subdivision 5, is amended to read: 60.2 Subd. 5. [COMPREHENSIVE MUNICIPAL PLAN.] "Comprehensive 60.3 municipal plan" means a compilation of policy statements, goals, 60.4 standards, and maps for guiding the physical, social and 60.5 economic development, both private and public, of the 60.6 municipality and its environs, including air space and60.7 subsurface areas necessary for mined underground space60.8 development pursuant to sections 469.135 to 469.141,and may 60.9 include, but is not limited to, the following: statements of 60.10 policies, goals, standards, a land use plan, including proposed 60.11 densities for development, a community facilities plan, a 60.12 transportation plan, and recommendations for plan execution. A 60.13 comprehensive plan represents the planning agency's 60.14 recommendations for the future development of the community. 60.15 Sec. 70. Minnesota Statutes 2000, section 462.352, 60.16 subdivision 7, is amended to read: 60.17 Subd. 7. [TRANSPORTATION PLAN.] "Transportation plan" 60.18 means a compilation of policy statements, goals, standards, maps 60.19 and action programs for guiding the future development of the 60.20 various modes of transportation of the municipality and its 60.21 environs, including air space and subsurface areas necessary for60.22 mined underground space development pursuant to sections 469.13560.23 to 469.141,such as streets and highways, mass transit, 60.24 railroads, air transportation, trucking and water 60.25 transportation, and includes a major thoroughfare plan. 60.26 Sec. 71. Minnesota Statutes 2000, section 462.352, 60.27 subdivision 9, is amended to read: 60.28 Subd. 9. [CAPITAL IMPROVEMENT PROGRAM.] "Capital 60.29 improvement program" means an itemized program setting forth the 60.30 schedule and details of specific contemplated public 60.31 improvements by fiscal year, including public improvements in or60.32 related to air space and subsurface areas necessary for mined60.33 underground space development pursuant to sections 469.135 to60.34 469.141,together with their estimated cost, the justification 60.35 for each improvement, the impact that such improvements will 60.36 have on the current operating expense of the municipality, and 61.1 such other information on capital improvements as may be 61.2 pertinent. 61.3 Sec. 72. Minnesota Statutes 2000, section 462.352, 61.4 subdivision 10, is amended to read: 61.5 Subd. 10. [OFFICIAL MAP.] "Official map" means a map 61.6 adopted in accordance with section 462.359 which may show 61.7 existing and proposed future streets, roads, and highways of the 61.8 municipality and county, the area needed for widening of 61.9 existing streets, roads, and highways of the municipality and 61.10 county, existing and proposed air space and subsurface areas61.11 necessary for mined underground space development pursuant to61.12 sections 469.135 to 469.141,and existing and future county 61.13 state aid highways and state trunk highway rights-of-way. An 61.14 official map may also show the location of existing and future 61.15 public land and facilities within the municipality. In counties 61.16 in the metropolitan area as defined in section 473.121, official 61.17 maps may for a period of up to five years designate the 61.18 boundaries of areas reserved for purposes of soil conservation, 61.19 water supply conservation, flood control and surface water 61.20 drainage and removal including appropriate regulations 61.21 protecting such areas against encroachment by buildings, other 61.22 physical structures or facilities. 61.23 Sec. 73. Minnesota Statutes 2000, section 462.352, 61.24 subdivision 15, is amended to read: 61.25 Subd. 15. [OFFICIAL CONTROLS.] "Official controls" or 61.26 "controls" means ordinances and regulations which control the 61.27 physical development of a city, county or town or any part 61.28 thereof including air space and subsurface areas necessary for61.29 mined underground space development pursuant to sections 469.13561.30 to 469.141,or any detail thereof and implement the general 61.31 objectives of the comprehensive plan. Official controls may 61.32 include ordinances establishing zoning, subdivision controls, 61.33 site plan regulations, sanitary codes, building codes and 61.34 official maps. 61.35 Sec. 74. Minnesota Statutes 2000, section 462.358, 61.36 subdivision 2a, is amended to read: 62.1 Subd. 2a. [TERMS OF REGULATIONS.] The standards and 62.2 requirements in the regulations may address without limitation: 62.3 the size, location, grading, and improvement of lots, 62.4 structures, public areas, streets, roads, trails, walkways, 62.5 curbs and gutters, water supply, storm drainage, lighting, 62.6 sewers, electricity, gas, and other utilities; the planning and 62.7 design of sites; access to solar energy; and the protection and 62.8 conservation of flood plains, shore lands, soils, water, 62.9 vegetation, energy, air quality, and geologic and ecologic 62.10 features. The regulations shall require that subdivisions be 62.11 consistent with the municipality's official map if one exists 62.12 and its zoning ordinance, and may require consistency with other 62.13 official controls and the comprehensive plan. The regulations 62.14 may prohibit certain classes or kinds of subdivisions in areas 62.15 where prohibition is consistent with the comprehensive plan and 62.16 the purposes of this section, particularly the preservation of 62.17 agricultural lands. The regulations may prohibit, restrict or 62.18 control development for the purpose of protecting and assuring 62.19 access to direct sunlight for solar energy systems. The62.20 regulations may prohibit, restrict, or control surface, above62.21 surface, or subsurface development for the purpose of protecting62.22 subsurface areas for existing or potential mined underground62.23 space development pursuant to sections 469.135 to 469.141, and62.24 access thereto.The regulations may prohibit the issuance of 62.25 permits or approvals for any tracts, lots, or parcels for which 62.26 required subdivision approval has not been obtained. 62.27 The regulations may permit the municipality to condition 62.28 its approval on the construction and installation of sewers, 62.29 streets, electric, gas, drainage, and water facilities, and 62.30 similar utilities and improvements or, in lieu thereof, on the 62.31 receipt by the municipality of a cash deposit, certified check, 62.32 irrevocable letter of credit, or bond in an amount and with 62.33 surety and conditions sufficient to assure the municipality that 62.34 the utilities and improvements will be constructed or installed 62.35 according to the specifications of the municipality. Sections 62.36 471.345 and 574.26 do not apply to improvements made by a 63.1 subdivider or a subdivider's contractor. 63.2 The regulations may permit the municipality to condition 63.3 its approval on compliance with other requirements reasonably 63.4 related to the provisions of the regulations and to execute 63.5 development contracts embodying the terms and conditions of 63.6 approval. The municipality may enforce such agreements and 63.7 conditions by appropriate legal and equitable remedies. 63.8 Sec. 75. Minnesota Statutes 2000, section 469.126, 63.9 subdivision 2, is amended to read: 63.10 Subd. 2. [POWERS.] Within these districts the city may: 63.11 (1) adopt a development program consistent with which the 63.12 city may acquire, construct, reconstruct, improve, alter, 63.13 extend, operate, maintain, or promote developments aimed at 63.14 improving the physical facilities, quality of life, and quality 63.15 of transportation; 63.16 (2) acquire land or easements through negotiation or 63.17 through powers of eminent domain; 63.18 (3) adopt ordinances regulating traffic in pedestrian 63.19 skyway systems, public parking structures, and other facilities 63.20 constructed within the development district. Traffic 63.21 regulations may include direction and speed of traffic, policing 63.22 of pedestrianways, hours that pedestrianways are open to the 63.23 public, kinds of service activities that will be allowed in 63.24 arcades, parks, and plazas, and rates to be charged in the 63.25 parking structures; 63.26 (4) adopt ordinances regulating access to pedestrian skyway 63.27 systems and the conditions under which such access is allowed; 63.28 (5) designate districts for mined underground space63.29 development under sections 469.135 to 469.141;63.30 (6)require private developers to construct buildings so as 63.31 to accommodate and support pedestrian systems which are part of 63.32 the program for the development district. When the city 63.33 requires the developer to construct columns, beams, or girders 63.34 with greater strength than required for normal building 63.35 purposes, the city shall reimburse the developer for the added 63.36 expense from development district funds; 64.1 (7)(6) install special lighting systems, special street 64.2 signs and street furniture, special landscaping of streets and 64.3 public property, and special snow removal systems; 64.4 (8)(7) acquire property for the district; 64.5 (9)(8) lease or sell air rights over public buildings and 64.6 spend public funds for constructing the foundations and columns 64.7 in the public buildings strong enough to support the buildings 64.8 to be constructed on air rights; 64.9 (10)(9) lease all or portions of basement, ground, and 64.10 second floors of the public buildings constructed in the 64.11 district; and 64.12 (11)(10) negotiate the sale or lease of property for 64.13 private development if the development is consistent with the 64.14 development program for the district. 64.15 Sec. 76. Minnesota Statutes 2000, section 469.301, 64.16 subdivision 1, is amended to read: 64.17 Subdivision 1. [GENERALLY.] In sections 469.301 to 469.30864.18 469.304, the terms defined in this section have the meanings 64.19 given them, unless the context indicates a different meaning. 64.20 Sec. 77. Minnesota Statutes 2000, section 469.304, 64.21 subdivision 1, is amended to read: 64.22 Subdivision 1. [SUBMISSION OF APPLICATIONS.] An applicant 64.23 may seek enterprise zone designation by submitting an 64.24 application to the commissioner. The commissioner shall 64.25 establish procedures and forms for the submission of 64.26 applications for enterprise zone designation. The commissioner 64.27 may promulgate rules for the administration of the program. The64.28 commissioner of revenue shall establish a schedule to determine64.29 the tax credits in section 469.305.64.30 Sec. 78. Minnesota Statutes 2000, section 471.59, 64.31 subdivision 11, is amended to read: 64.32 Subd. 11. [JOINT POWERS BOARD.] (a) Two or more 64.33 governmental units, through action of their governing bodies, by 64.34 adoption of a joint powers agreement that complies with the 64.35 provisions of subdivisions 1 to 5, may establish a joint board 64.36 to issue bonds or obligations under any law by which any of the 65.1 governmental units establishing the joint board may 65.2 independently issue bonds or obligations and may use the 65.3 proceeds of the bonds or obligations to carry out the purposes 65.4 of the law under which the bonds or obligations are issued. A 65.5 joint board established under this section may issue obligations 65.6 and other forms of indebtedness only in accordance with express 65.7 authority granted by the action of the governing bodies of the 65.8 governmental units that established the joint board. Except as 65.9 provided in paragraphparagraphs (b) and (c), the joint board 65.10 established under this subdivision must be composed solely of 65.11 members of the governing bodies of the governmental unit that 65.12 established the joint board. A joint board established under 65.13 this subdivision may not pledge the full faith and credit or 65.14 taxing power of any of the governmental units that established 65.15 the joint board. The obligations or other forms of indebtedness 65.16 must be obligations of the joint board issued on behalf of the 65.17 governmental units creating the joint board. The obligations or 65.18 other forms of indebtedness must be issued in the same manner 65.19 and subject to the same conditions and limitations that would 65.20 apply if the obligations were issued or indebtedness incurred by 65.21 one of the governmental units that established the joint board, 65.22 provided that any reference to a governmental unit in the 65.23 statute, law, or charter provision authorizing the issuance of 65.24 the bonds or the incurring of the indebtedness is considered a 65.25 reference to the joint board. 65.26 (b) Notwithstanding paragraph (a), one school district, one 65.27 county, and one public health entity, through action of their 65.28 governing bodies, may establish a joint board to establish and 65.29 govern a family services collaborative under section 124D.23. 65.30 The school district, county, and public health entity may 65.31 include other governmental entities at their discretion. The 65.32 membership of a board established under this paragraph, in 65.33 addition to members of the governing bodies of the participating 65.34 governmental units, must include the representation required by 65.35 section 124D.23, subdivision 1, paragraph (a), selected in 65.36 accordance with section 124D.23, subdivision 1, paragraph (c). 66.1 (c) Notwithstanding paragraph (a), counties, school 66.2 districts, and mental health entities, through action of their 66.3 governing bodies, may establish a joint board to establish and 66.4 govern a children's mental health collaborative under sections 66.5 245.491 to 245.496, or a collaborative established by the merger 66.6 of a children's mental health collaborative and a family 66.7 services collaborative under section 124D.23. The county, 66.8 school district, and mental health entities may include other 66.9 entities at their discretion. The membership of a board 66.10 established under this paragraph, in addition to members of the 66.11 governing bodies of the participating governmental units, must 66.12 include the representation provided by section 245.493, 66.13 subdivision 1. 66.14 Sec. 79. Minnesota Statutes 2000, section 473.901, 66.15 subdivision 1, is amended to read: 66.16 Subdivision 1. [COSTS COVERED BY FEE.] For each fiscal 66.17 year beginning with the fiscal year commencing July 1, 1997, the 66.18 amount necessary to pay the following costs is appropriated to 66.19 the commissioner of administration from the 911 emergency 66.20 telephone service account established under section 403.11: 66.21 (1) debt service costs and reserves for bonds issued 66.22 pursuant to section 473.898; 66.23 (2) repayment of the right-of-way acquisition loans; 66.24 (3) costs of design, construction, maintenance of, and 66.25 improvements to those elements of the first phase that support 66.26 mutual aid communications and emergency medical services; or 66.27 (4) recurring charges for leased sites and equipment for 66.28 those elements of the first phase that support actualmutual aid 66.29 and emergency medical communication services. 66.30 This appropriation shall be used to pay annual debt service 66.31 costs and reserves for bonds issued pursuant to section 473.898 66.32 prior to use of fee money to pay other costs eligible under this 66.33 subdivision. In no event shall the appropriation for each 66.34 fiscal year exceed an amount equal to four cents a month for 66.35 each customer access line or other basic access service, 66.36 including trunk equivalents as designated by the public 67.1 utilities commission for access charge purposes and including 67.2 cellular and other nonwire access services, in the fiscal year. 67.3 Sec. 80. Minnesota Statutes 2000, section 504B.181, 67.4 subdivision 4, is amended to read: 67.5 Subd. 4. [INFORMATION REQUIRED FOR MAINTENANCE OF ACTION.] 67.6 Except as otherwise provided in this subdivision, no action to 67.7 recover rent or possession of the premises shall be maintained 67.8 unless the information required by this section has been 67.9 disclosed to the tenant in the manner provided in this section, 67.10 or unless the information required by this section is known by 67.11 or has been disclosed to the tenant at least 30 days prior to 67.12 the initiation of such action. Failure by the landlord to post 67.13 a notice required by subdivision 2, paragraph (b), or section 67.14 471.9995 shall not prevent any action to recover rent or 67.15 possession of the premises. 67.16 Sec. 81. Minnesota Statutes 2000, section 504B.365, 67.17 subdivision 3, is amended to read: 67.18 Subd. 3. [REMOVAL AND STORAGE OF PROPERTY.] (a) If the 67.19 defendant's personal property is to be stored in a place other 67.20 than the premises, the officer shall remove all personal 67.21 property of the defendant at the expense of the plaintiff. 67.22 (b) The defendant must make immediate payment for all 67.23 expenses of removing personal property from the premises. If 67.24 the defendant fails or refuses to do so, the plaintiff has a 67.25 lien on all the personal property for the reasonable costs and 67.26 expenses incurred in removing, caring for, storing, and 67.27 transporting it to a suitable storage place. 67.28 (c) The plaintiff may enforce the lien by detaining the 67.29 personal property until paid. If no payment has been made for 67.30 60 days after the execution of the order to vacate, the 67.31 plaintiff may hold a public sale as provided in sections 514.18 67.32 to 514.22. 67.33 (d) If the defendant's personal property is to be stored on 67.34 the premises, the officer shall enter the premises, breaking in 67.35 if necessary, and the plaintiff may remove the defendant's 67.36 personal property. Section 504B.271 applies to personal 68.1 property removed under this paragraph. The plaintiff must 68.2 prepare an inventory and mail a copy of the inventory to the 68.3 defendant's last known address or, if the defendant has provided 68.4 a different address, to the address provided. The inventory 68.5 must be prepared, signed, and dated in the presence of the 68.6 officer and must include the following: 68.7 (1) a list of the items of personal property and a 68.8 description of their condition; 68.9 (2) the date, the signature of the defendantplaintiff or 68.10 the defendant'splaintiff's agent, and the name and telephone 68.11 number of a person authorized to release the personal property; 68.12 and 68.13 (3) the name and badge number of the officer. 68.14 (e) The officer must retain a copy of the inventory. 68.15 (f) The plaintiff is responsible for the proper removal, 68.16 storage, and care of the defendant's personal property and is 68.17 liable for damages for loss of or injury to it caused by the 68.18 plaintiff's failure to exercise the same care that a reasonably 68.19 careful person would exercise under similar circumstances. 68.20 (g) The plaintiff shall notify the defendant of the date 68.21 and approximate time the officer is scheduled to remove the 68.22 defendant, family, and personal property from the premises. The 68.23 notice must be sent by first class mail. In addition, the 68.24 plaintiff must make a good faith effort to notify the defendant 68.25 by telephone. The notice must be mailed as soon as the 68.26 information regarding the date and approximate time the officer 68.27 is scheduled to enforce the order is known to the plaintiff, 68.28 except that the scheduling of the officer to enforce the order 68.29 need not be delayed because of the notice requirement. The 68.30 notice must inform the defendant that the defendant and the 68.31 defendant's personal property will be removed from the premises 68.32 if the defendant has not vacated the premises by the time 68.33 specified in the notice. 68.34 Sec. 82. Minnesota Statutes 2000, section 515B.1-102, is 68.35 amended to read: 68.36 515B.1-102 [APPLICABILITY.] 69.1 (a) Except as provided in this section, this chapter, and 69.2 not chapters 515 and 515A, applies to all common interest 69.3 communities created within this state on and after June 1, 1994. 69.4 (b) The applicability of this chapter to common interest 69.5 communities created prior to June 1, 1994, shall be as follows: 69.6 (1) This chapter shall apply to condominiums created under 69.7 chapter 515A with respect to events and circumstances occurring 69.8 on and after June 1, 1994; provided (i) that this chapter shall 69.9 not invalidate the declarations, bylaws or condominium plats of 69.10 those condominiums, and (ii) that chapter 515A, and not this 69.11 chapter, shall govern all rights and obligations of a declarant 69.12 of a condominium created under chapter 515A, and the rights and 69.13 claims of unit owners against that declarant. 69.14 (2) The following sections in this chapter apply to 69.15 condominiums created under chapter 515: 515B.1-104 (Variation 69.16 by Agreement); 515B.1-105 (Separate Titles and Taxation); 69.17 515B.1-106 (Applicability of Local Ordinances, Regulations, and 69.18 Building Codes); 515B.1-107 (Eminent Domain); 515B.1-108 69.19 (Supplemental General Principles of Law Applicable); 515B.1-109 69.20 (Construction Against Implicit Repeal); 515B.1-11169.21 (Severability);515B.1-112 (Unconscionable Agreement or Term of 69.22 Contract); 515B.1-113 (Obligation of Good Faith); 515B.1-114 69.23 (Remedies to be Liberally Administered); 515B.1-115 (Notice); 69.24 515B.1-116 (Recording); 515B.2-103 (Construction and Validity of 69.25 Declaration and Bylaws); 515B.2-104 (Description of Units); 69.26 515B.2-108(d) (Allocation of Interests); 515B.2-109(c) (Common 69.27 Elements and Limited Common Elements); 515B.2-112 (Subdivision 69.28 or Conversion of Units); 515B.2-113 (Alteration of Units); 69.29 515B.2-114 (Relocation of Boundaries Between Adjoining Units); 69.30 515B.2-115 (Minor Variations in Boundaries); 515B.2-118 69.31 (Amendment of Declaration); 515B.3-102 (Powers of Unit Owners' 69.32 Association); 515B.3-103(a), (b), and (g) (Board; Directors and 69.33 Officers; Period of Declarant Control); 515B.3-107 (Upkeep of 69.34 Common Interest Community); 515B.3-108 (Meetings); 515B.3-109 69.35 (Quorums); 515B.3-110 (Voting; Proxies); 515B.3-111 (Tort and 69.36 Contract Liability); 515B.3-112 (Conveyance or Encumbrance of 70.1 Common Elements); 515B.3-113 (Insurance); 515B.3-114 (Reserves; 70.2 Surplus Funds); 515B.3-115 (c), (e), (f), (g), (h), and (i) 70.3 (Assessments for Common Expenses); 515B.3-116 (Lien for 70.4 Assessments); 515B.3-117 (Other Liens); 515B.3-118 (Association 70.5 Records); 515B.3-119 (Association as Trustee); 515B.3-121 70.6 (Accounting Controls); 515B.4-107 (Resale of Units); 515B.4-108 70.7 (Purchaser's Right to Cancel Resale); and 515B.4-116 (Rights of 70.8 Action; Attorney's Fees). Section 515B.1-103 (Definitions) 70.9 shall apply to the extent necessary in construing any of the 70.10 sections referenced in this section. Sections 515B.1-105, 70.11 515B.1-106, 515B.1-107, 515B.1-116, 515B.2-103, 515B.2-104, 70.12 515B.2-118, 515B.3-102, 515B.3-110, 515B.3-111, 515B.3-113, 70.13 515B.3-116, 515B.3-117, 515B.3-118, 515B.3-121, 515B.4-107, 70.14 515B.4-108, and 515B.4-116 apply only with respect to events and 70.15 circumstances occurring on and after June 1, 1994. All other 70.16 sections referenced in this section apply only with respect to 70.17 events and circumstances occurring after July 31, 1999. A 70.18 section referenced in this section does not invalidate the 70.19 declarations, bylaws or condominium plats of condominiums 70.20 created before August 1, 1999. But all sections referenced in 70.21 this section prevail over the declarations, bylaws, CIC plats, 70.22 rules and regulations under them, of condominiums created before 70.23 August 1, 1999, except to the extent that this chapter defers to 70.24 the declarations, bylaws, CIC plats, or rules and regulations 70.25 issued under them. 70.26 (3) This chapter shall not apply to cooperatives and 70.27 planned communities created prior to June 1, 1994; except by 70.28 election pursuant to subsection (d), and except that sections 70.29 515B.1-116, subsections (a), (c), (d), (e), (f), and (h), 70.30 515B.4-107, and 515B.4-108, apply to all planned communities and 70.31 cooperatives regardless of when they are created, unless they 70.32 are exempt under subsection (e). 70.33 (c) This chapter shall not invalidate any amendment to the 70.34 declaration, bylaws or condominium plat of any condominium 70.35 created under chapter 515 or 515A if the amendment was recorded 70.36 before June 1, 1994. Any amendment recorded on or after June 1, 71.1 1994, shall be adopted in conformity with the procedures and 71.2 requirements specified by those instruments and by this 71.3 chapter. If the amendment grants to any person any rights, 71.4 powers or privileges permitted by this chapter, all correlative 71.5 obligations, liabilities and restrictions contained in this 71.6 chapter shall also apply to that person. 71.7 (d) Any condominium created under chapter 515, any planned 71.8 community or cooperative which would be exempt from this chapter 71.9 under subsection (e), or any planned community or cooperative 71.10 created prior to June 1, 1994, may elect to be subject to this 71.11 chapter, as follows: 71.12 (1) The election shall be accomplished by recording a 71.13 declaration or amended declaration, and a new or amended CIC 71.14 plat where required, and by approving bylaws or amended bylaws, 71.15 which conform to the requirements of this chapter, and which, in 71.16 the case of amendments, are adopted in conformity with the 71.17 procedures and requirements specified by the existing 71.18 declaration and bylaws of the common interest community, and by 71.19 any applicable statutes. 71.20 (2) In a condominium, the preexisting condominium plat 71.21 shall be the CIC plat and an amended CIC plat shall be required 71.22 only if the amended declaration or bylaws contain provisions 71.23 inconsistent with the preexisting condominium plat. The 71.24 condominium's CIC number shall be the apartment ownership number 71.25 or condominium number originally assigned to it by the recording 71.26 officer. In a cooperative in which the unit owners' interests 71.27 are characterized as real estate, a CIC plat shall be required. 71.28 In a planned community, the preexisting plat recorded pursuant 71.29 to chapter 505, 508, or 508A, or the part of the plat upon which 71.30 the common interest community is located, shall be the CIC plat. 71.31 (3) The amendment shall conform to the requirements of 71.32 section 515B.2-118(d). 71.33 (4) Except as permitted by paragraph (3), no declarant, 71.34 affiliate of declarant, association, master association nor unit 71.35 owner may acquire, increase, waive, reduce or revoke any 71.36 previously existing warranty rights or causes of action that one 72.1 of said persons has against any other of said persons by reason 72.2 of exercising the right of election under this subsection. 72.3 (5) A common interest community which elects to be subject 72.4 to this chapter may, as a part of the election process, change 72.5 its form of ownership by complying with the requirements of 72.6 section 515B.2-123. 72.7 (e) Except as otherwise provided in this subsection, this 72.8 chapter shall not apply, except by election pursuant to 72.9 subsection (d), to the following: 72.10 (1) a planned community or cooperative which consists of 12 72.11 or fewer units subject to the same declaration, which is not 72.12 subject to any rights to add additional real estate and which 72.13 will not be subject to a master association; 72.14 (2) a common interest community where the units consist 72.15 solely of separate parcels of real estate designed or utilized 72.16 for detached single family dwellings or agricultural purposes, 72.17 and where the association has no obligation to maintain any 72.18 building containing a dwelling or any agricultural building; 72.19 (3) a cooperative where, at the time of creation of the 72.20 cooperative, the unit owners' interests in the dwellings as 72.21 described in the declaration consist solely of proprietary 72.22 leases having an unexpired term of fewer than 20 years, 72.23 including renewal options; 72.24 (4) planned communities and cooperatives limited by the 72.25 declaration to nonresidential use; or 72.26 (5) real estate subject only to an instrument or 72.27 instruments filed primarily for the purpose of creating or 72.28 modifying rights with respect to access, utilities, parking, 72.29 ditches, drainage, or irrigation. 72.30 (f) Section 515B.1-106 shall apply to all common interest 72.31 communities. 72.32 Sec. 83. Minnesota Statutes 2000, section 515B.2-105, is 72.33 amended to read: 72.34 515B.2-105 [DECLARATION CONTENTS; ALL COMMON INTEREST 72.35 COMMUNITIES.] 72.36 (a) The declaration shall contain: 73.1 (1) the number of the common interest community, whether 73.2 the common interest community is a condominium, planned 73.3 community or cooperative, and the name of the common interest 73.4 community, which shall appear at the top of the first page of 73.5 the declaration in the following format: 73.6 Common Interest Community No. .... 73.7 (Type of Common Interest Community) 73.8 73.9 (Name of Common Interest Community) 73.10 DECLARATION 73.11 (2) a statement as to whether the common interest community 73.12 is or is not subject to a master association; 73.13 (3) the name of the association, a statement that the 73.14 association has been incorporated and a reference to the statute 73.15 under which it was incorporated; 73.16 (4) a legally sufficient description of the real estate 73.17 included in the common interest community, a statement 73.18 identifying any appurtenant easement necessary for access to a 73.19 public street or highway, and a general reference to any other 73.20 appurtenant easements; 73.21 (5) a description of the boundaries of each unit created by 73.22 the declaration and the unit's unit identifier; 73.23 (6) in a planned community containing common elements, a 73.24 legally sufficient description of the common elements; 73.25 (7) in a cooperative, a statement as to whether the unit 73.26 owners' interests in all units and their allocated interests are 73.27 real estate or personal property; 73.28 (8) an allocation to each unit of the allocated interests 73.29 in the manner described in section 515B.2-108; 73.30 (9) a statement of (i) the total number of units and (ii) 73.31 which units will be restricted to residential use and which 73.32 units will be restricted to nonresidential use; 73.33 (10) a statement of the maximum number of units which may 73.34 be created by the subdivision or conversion of units owned by 73.35 the declarant pursuant to section 515B.2-112; 73.36 (11) any material restrictions on use, occupancy, or 74.1 alienation of the units, or on the sale price of a unit or on 74.2 the amount that may be received by an owner on sale, 74.3 condemnation or casualty loss to the unit or to the common 74.4 interest community, or on termination of the common interest 74.5 community; provided, that these requirements shall not affect 74.6 the power of the association to adopt, amend or revoke rules and 74.7 regulations pursuant to section 515B.3-102; 74.8 (12) a statement as to whether time shares are permitted; 74.9 and 74.10 (13) all matters required by 74.11 sections 515B.1-103(31)515B.1-103(32), Special Declarant 74.12 Rights; 515B.2-107, Leaseholds; 515B.2-109, Common Elements and 74.13 Limited Common Elements; 515B.2-110, Common Interest Community 74.14 Plat; 515B.3-115, Assessments for Common Expenses; and 74.15 515B.2-121, Master Associations. 74.16 (b) The declaration may contain any other matters the 74.17 declarant considers appropriate. 74.18 Sec. 84. Minnesota Statutes 2000, section 517.08, 74.19 subdivision 1c, is amended to read: 74.20 Subd. 1c. [DISPOSITION OF LICENSE FEE.] Of the marriage 74.21 license fee collected pursuant to subdivision 1b, the court 74.22 administrator shall pay $55 to the state treasurer to be 74.23 deposited as follows: 74.24 (1) $50 in the general fund; 74.25 (2) $3 in the special revenue fund to be appropriated to 74.26 the commissioner of children, families, and learning for 74.27 supervised parenting time facilitiesparenting time centers 74.28 under section 119A.37; and 74.29 (3) $2 in the special revenue fund to be appropriated to 74.30 the commissioner of health for developing and implementing the 74.31 MN ENABL program under section 145.9255. 74.32 Sec. 85. Minnesota Statutes 2000, section 518.131, 74.33 subdivision 10, is amended to read: 74.34 Subd. 10. [MISDEMEANOR.] In addition to being punishable 74.35 by contempt, a violation of a provision of a temporary order or 74.36 restraining order granting the relief authorized in subdivision 75.1 1, clauses (f),clause (g), (h), or (h)(i), is a misdemeanor. 75.2 Sec. 86. Minnesota Statutes 2000, section 541.023, 75.3 subdivision 6, is amended to read: 75.4 Subd. 6. [LIMITATIONS; CERTAIN TITLES NOT AFFECTED.] This 75.5 section shall not affect any rights of the federal government; 75.6 nor increase the effect as notice, actual or constructive, of 75.7 any instrument now of record; nor bar the rights of any person, 75.8 partnership or corporation in possession of real estate. This 75.9 section shall not impair the record title or record interest, or 75.10 title obtained by or through any congressional or legislative 75.11 grant, of any railroad corporation or other public service 75.12 corporation or any trustee or receiver thereof or of any 75.13 educational or religious corporation in any real estate by 75.14 reason of any failure to file or record further evidence of such 75.15 title or interest even though the record thereof is newnow or 75.16 hereafter more than 40 years old; nor shall this section require 75.17 the filing of any notice as provided for in this act as to any 75.18 undischarged mortgage or deed of trust executed by any such 75.19 corporation or any trustee or receiver thereof or to any claim 75.20 or action founded upon any such undischarged mortgage or deed of 75.21 trust. The exceptions of this subdivision shall not include (a) 75.22 reservations or exceptions of land for right of way or other 75.23 railroad purposes contained in deeds of conveyance made by a 75.24 railroad company or by trustees or receivers thereof, unless 75.25 said reserved or excepted land shall have been put to railroad 75.26 use within 40 years after the date of said deeds of conveyance, 75.27 (b) nor any rights under any conditions subsequent or 75.28 restrictions contained in any such deeds of conveyance. This 75.29 act shall not affect any action or proceeding which is now or on 75.30 January 1, 1948, shall be pending, for the determination of 75.31 validity of the title to real estate. 75.32 Sec. 87. Minnesota Statutes 2000, section 609.596, 75.33 subdivision 3, is amended to read: 75.34 Subd. 3. [DEFINITIONS.] As used in this section: 75.35 (1) "arson dog" means a dog that has been certified as an 75.36 arson dog by a state fire or police agency or by an independent 76.1 testing laboratory; 76.2 (2) "correctional facility" has the meaning given in 76.3 section 241.021, subdivision 1, clause (5); 76.4 (3) "peace officer" has the meaning given in section 76.5 626.84, subdivision 1, paragraph (c); and 76.6 (4) "search and rescue dog" means a dog that is trained to 76.7 locate lost or missing persons, victims of natural or man-made76.8 other disasters, and human bodies. 76.9 Sec. 88. Minnesota Statutes 2000, section 626.556, 76.10 subdivision 11, is amended to read: 76.11 Subd. 11. [RECORDS.] (a) Except as provided in paragraph 76.12 (b) and subdivisions 10b, 10d, 10g, and 11b, all records 76.13 concerning individuals maintained by a local welfare agency or 76.14 agency responsible for assessing or investigating the report 76.15 under this section, including any written reports filed under 76.16 subdivision 7, shall be private data on individuals, except 76.17 insofar as copies of reports are required by subdivision 7 to be 76.18 sent to the local police department or the county sheriff. 76.19 Reports maintained by any police department or the county 76.20 sheriff shall be private data on individuals except the reports 76.21 shall be made available to the investigating, petitioning, or 76.22 prosecuting authority, including county medical examiners or 76.23 county coroners. Section 13.82, subdivisions 7, 5a8, and 5b9, 76.24 apply to law enforcement data other than the reports. The local 76.25 social services agency or agency responsible for assessing or 76.26 investigating the report shall make available to the 76.27 investigating, petitioning, or prosecuting authority, including 76.28 county medical examiners or county coroners or their 76.29 professional delegates, any records which contain information 76.30 relating to a specific incident of neglect or abuse which is 76.31 under investigation, petition, or prosecution and information 76.32 relating to any prior incidents of neglect or abuse involving 76.33 any of the same persons. The records shall be collected and 76.34 maintained in accordance with the provisions of chapter 13. In 76.35 conducting investigations and assessments pursuant to this 76.36 section, the notice required by section 13.04, subdivision 2, 77.1 need not be provided to a minor under the age of ten who is the 77.2 alleged victim of abuse or neglect. An individual subject of a 77.3 record shall have access to the record in accordance with those 77.4 sections, except that the name of the reporter shall be 77.5 confidential while the report is under assessment or 77.6 investigation except as otherwise permitted by this 77.7 subdivision. Any person conducting an investigation or 77.8 assessment under this section who intentionally discloses the 77.9 identity of a reporter prior to the completion of the 77.10 investigation or assessment is guilty of a misdemeanor. After 77.11 the assessment or investigation is completed, the name of the 77.12 reporter shall be confidential. The subject of the report may 77.13 compel disclosure of the name of the reporter only with the 77.14 consent of the reporter or upon a written finding by the court 77.15 that the report was false and that there is evidence that the 77.16 report was made in bad faith. This subdivision does not alter 77.17 disclosure responsibilities or obligations under the rules of 77.18 criminal procedure. 77.19 (b) Upon request of the legislative auditor, data on 77.20 individuals maintained under this section must be released to 77.21 the legislative auditor in order for the auditor to fulfill the 77.22 auditor's duties under section 3.971. The auditor shall 77.23 maintain the data in accordance with chapter 13. 77.24 Sec. 89. Minnesota Statutes 2000, section 628.26, is 77.25 amended to read: 77.26 628.26 [LIMITATIONS.] 77.27 (a) Indictments or complaints for any crime resulting in 77.28 the death of the victim may be found or made at any time after 77.29 the death of the person killed. 77.30 (b) Indictments or complaints for a violation of section 77.31 609.25 may be found or made at any time after the commission of 77.32 the offense. 77.33 (c) Indictments or complaints for violation of section 77.34 609.42, subdivision 1, clause (1) or (2), shall be found or made 77.35 and filed in the proper court within six years after the 77.36 commission of the offense. 78.1 (d) Indictments or complaints for violation of sections 78.2 609.342 to 609.345 if the victim was under the age of 18 years 78.3 at the time the offense was committed, shall be found or made 78.4 and filed in the proper court within nine years after the 78.5 commission of the offense or, if the victim failed to report the 78.6 offense within this limitation period, within three years after 78.7 the offense was reported to law enforcement authorities. 78.8 (e) Notwithstanding the limitations in paragraph (c)(d), 78.9 indictments or complaints for violation of sections 609.342 to 78.10 609.344 may be found or made and filed in the proper court at 78.11 any time after commission of the offense, if physical evidence 78.12 is collected and preserved that is capable of being tested for 78.13 its DNA characteristics. If this evidence is not collected and 78.14 preserved and the victim was 18 years old or older at the time 78.15 of the offense, the prosecution must be commenced within nine 78.16 years after the commission of the offense. 78.17 (f) Indictments or complaints for violation of sections 78.18 609.466 and 609.52, subdivision 2, clause (3), item (iii), shall 78.19 be found or made and filed in the proper court within six years 78.20 after the commission of the offense. 78.21 (g) Indictments or complaints for violation of section 78.22 609.52, subdivision 2, clause (3), items (i) and (ii), (4), 78.23 (15), or (16), 609.631, or 609.821, where the value of the 78.24 property or services stolen is more than $35,000, shall be found 78.25 or made and filed in the proper court within five years after 78.26 the commission of the offense. 78.27 (h) Except for violations relating to false material 78.28 statements, representations or omissions, indictments or 78.29 complaints for violations of section 609.671 shall be found or 78.30 made and filed in the proper court within five years after the 78.31 commission of the offense. 78.32 (i) Indictments or complaints for violation of sections 78.33 609.561 to 609.563, shall be found or made and filed in the 78.34 proper court within five years after the commission of the 78.35 offense. 78.36 (j) In all other cases, indictments or complaints shall be 79.1 found or made and filed in the proper court within three years 79.2 after the commission of the offense. 79.3 (k) The limitations periods contained in this section shall 79.4 exclude any period of time during which the defendant was not an 79.5 inhabitant of or usually resident within this state. 79.6 (l) The limitations periods contained in this section for 79.7 an offense shall not include any period during which the alleged 79.8 offender participated under a written agreement in a pretrial 79.9 diversion program relating to that offense. 79.10 (m) The limitations periods contained in this section shall 79.11 not include any period of time during which physical evidence 79.12 relating to the offense was undergoing DNA analysis, as defined 79.13 in section 299C.155, unless the defendant demonstrates that the 79.14 prosecuting or law enforcement agency purposefully delayed the 79.15 DNA analysis process in order to gain an unfair advantage. 79.16 Sec. 90. [REVISOR'S INSTRUCTION.] 79.17 The revisor shall delete "118" and substitute "118A" in the 79.18 following sections of Minnesota Statutes: 52.04, 383B.702, 79.19 427.09, 446A.11, 462.396, 469.113, 471.88, and 471.981. 79.20 Sec. 91. [REPEALER.] 79.21 (a) Minnesota Statutes 2000, section 13.485, subdivision 2, 79.22 is repealed. 79.23 (b) Minnesota Statutes 2000, section 13.99, subdivision 1, 79.24 is repealed. 79.25 (c) Minnesota Statutes 2000, section 115B.22, subdivision 79.26 8, is repealed. 79.27 (d) Minnesota Statutes 2000, section 148.6402, subdivision 79.28 18, is repealed. 79.29 (e) Minnesota Statutes 2000, section 168.54, subdivision 6, 79.30 is repealed. 79.31 (f) Minnesota Statutes 2000, sections 181B.01; 181B.02; 79.32 181B.03; 181B.04; 181B.05; 181B.06; 181B.07; 181B.08; 181B.09; 79.33 181B.10; 181B.101; 181B.11; 181B.12; 181B.13; 181B.14; 181B.15; 79.34 181B.16; and 181B.17, are repealed. 79.35 (g) Minnesota Statutes 2000, section 383.001, is repealed. 79.36 (h) Minnesota Statutes 2000, section 462.352, subdivision 80.1 17, is repealed. 80.2 (i) Minnesota Statutes, section 469.301, subdivisions 6, 7, 80.3 and 8, are repealed. 80.4 (j) Minnesota Statutes 2000, section 566.18, is repealed. 80.5 (k) Laws 1997, chapter 85, article 4, section 29, is 80.6 repealed. 80.7 (l) Laws 2000, chapter 254, section 30, is repealed. 80.8 (m) Laws 2000, chapter 444, article 2, sections 9 and 10, 80.9 are repealed. 80.10 Sec. 92. [EFFECTIVE DATE.] 80.11 Section 52 is effective the day following final enactment.