1st Engrossment - 80th Legislature, 1997 3rd Special Session (1997 - 1997) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to legislative enactments; providing for the 1.3 correction of miscellaneous oversights, 1.4 inconsistencies, ambiguities, unintended results, and 1.5 technical errors of a noncontroversial nature; 1.6 amending Minnesota Statutes 1996, sections 124.91, 1.7 subdivision 7; 256B.0627, subdivision 1; and 297A.135; 1.8 Minnesota Statutes 1997 Supplement, sections 80A.04, 1.9 subdivision 5; 115.55, subdivision 6; 119B.05, 1.10 subdivision 7; 144D.01, subdivision 4; 245B.07, 1.11 subdivisions 5 and 9; 256I.05, subdivision 1d; 273.13, 1.12 subdivision 25; 297A.44, subdivision 1; 403.02, 1.13 subdivision 2; 524.3-1201; and 626.556, subdivision 1.14 10f; Laws 1997, chapter 143, section 21; chapter 200, 1.15 article 1, sections 1 and 5, subdivisions 1 and 4, as 1.16 amended; chapter 203, article 3, sections 18 and 19; 1.17 chapter 231, article 1, section 16, as amended; and 1.18 chapter 250, section 18; Laws 1997, First Special 1.19 Session chapter 4, article 1, section 64; repealing 1.20 Minnesota Statutes 1997 Supplement, section 168.019. 1.21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.22 Section 1. [CORRECTION.] 1.23 Subdivision 1. Minnesota Statutes 1997 Supplement, section 1.24 403.02, subdivision 2, is amended to read: 1.25 Subd. 2. [METROPOLITAN AREA.] "Metropolitan area" means 1.26 the
metropolitan area as defined in section 473.121, subdivision1.27 2counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 1.28 and Washington. 1.29 Subd. 2. [EFFECTIVE DATE.] This section is effective the 1.30 day following final enactment. 1.31 Sec. 2. [CORRECTION 102.] Laws 1997, chapter 250, section 1.32 18, is amended to read: 1.33 Sec. 18. [EFFECTIVE DATE.] 2.1 Sections 9; 10, subdivisions 5 and 6; 14; and 15 are 2.2 effective the day following final enactment. Sections 9;10, 2.3 subdivisions 1 to 4; 11; 12; 16; and 17 are effective January 1, 2.4 1999. 2.5 Sec. 3. [CORRECTION 103.] 2.6 Laws 1997, chapter 222, sections 37 to 41, take effect 2.7 January 1, 1998. 2.8 Sec. 4. [CORRECTION 104.] Minnesota Statutes 1997 2.9 Supplement, section 80A.04, subdivision 5, is amended to read: 2.10 Subd. 5. Except with respect to advisers whose only 2.11 clients are those described in subdivision 3, clause (2),it is 2.12 unlawful for a federal covered adviser to conduct advisory 2.13 business in this state unless the person complies with section 2.14 80A.05, subdivision 1a. 2.15 Sec. 5. [CORRECTION 105.] Laws 1997, chapter 143, section 2.16 21, is amended to read: 2.17 Sec. 21. [APPLICATION.] 2.18 Section 1117 applies in Anoka, Carver, Dakota, Hennepin, 2.19 Ramsey, Scott, and Washington counties. 2.20 Sec. 6. [CORRECTION 106.] Minnesota Statutes 1997 2.21 Supplement, section 144D.01, subdivision 4, is amended to read: 2.22 Subd. 4. [HOUSING WITH SERVICES ESTABLISHMENT OR 2.23 ESTABLISHMENT.] "Housing with services establishment" or 2.24 "establishment" means an establishment providing sleeping 2.25 accommodations to one or more adult residents, at least 80 2.26 percent of which are 55 years of age or older, and offering or 2.27 providing, for a fee, one or more regularly scheduled 2.28 health-related services or two or more regularly scheduled 2.29 supportive services, whether offered or provided directly by the 2.30 establishment or by another entity arranged for by the 2.31 establishment. 2.32 Housing with services establishment does not include: 2.33 (1) a nursing home licensed under chapter 144A; 2.34 (2) a hospital, boarding care home, or supervised living 2.35 facility licensed under sections 144.50 to 144.56; 2.36 (3) a board and lodging establishment licensed under 3.1 chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670, 3.2 9525.0215 to 9525.0355, 9525.0500 to 9525.0660, or 9530.4100 to 3.3 9530.4450, or under chapter 245B; 3.4 (4) a board and lodging establishment which serves as a 3.5 shelter for battered women or other similar purpose; 3.6 (5) a family adult foster care home licensed by the 3.7 department of human services; 3.8 (6) private homes in which the residents are related by 3.9 kinship, law, or affinity with the providers of services; 3.10 (7) residential settings for persons with mental 3.11 retardation or related conditions in which the services are 3.12 licensed under Minnesota Rules, parts 9525.2100 to 9525.2140, or 3.13 applicable successor rules or laws; 3.14 (8) a home-sharing arrangement such as when an elderly or 3.15 disabled person or single-parent family makes lodging in a 3.16 private residence available to another person in exchange for 3.17 services or rent, or both; 3.18 (9) a duly organized condominium, cooperative, common 3.19 interest community, or owners' association of the foregoing 3.20 where at least 80 percent of the units that comprise the 3.21 condominium, cooperative, or common interest community are 3.22 occupied by individuals who are the owners, members, or 3.23 shareholders of the units; or 3.24 (10) services for persons with developmental disabilities 3.25 that are provided under a license according to Minnesota Rules, 3.26 parts 9525.2000 to 9525.2140 in effect until January 1, 1998, or 3.27 under chapter 245B. 3.28 Sec. 7. [CORRECTION 107.] Minnesota Statutes 1997 3.29 Supplement, section 245B.07, subdivision 5, is amended to read: 3.30 Subd. 5. [STAFF ORIENTATION.] (a) Within 60 days of hiring 3.31 staff who provide direct service, the license holder must 3.32 provide 30 hours of staff orientation. Direct care staff must 3.33 complete 15 of the 30 hours orientation before providing any 3.34 unsupervised direct service to a consumer. If the staff person 3.35 has received orientation training from a license holder licensed 3.36 under this chapter, or provides semi-independent living services 4.1 only, the 15-hour requirement may be reduced to eight hours. 4.2 The total orientation of 30 hours may be reduced to 15 hours if 4.3 the staff person has previously received orientation training 4.4 from a license holder licensed under this chapter. 4.5 (b) The 30 hours of orientation must combine supervised 4.6 on-the-job training with coverage of the following material: 4.7 (1) review of the consumer's service plans and risk 4.8 management plan to achieve an understanding of the consumer as a 4.9 unique individual; 4.10 (2) review and instruction on the license holder's policies 4.11 and procedures, including their location and access; 4.12 (3) emergency procedures; 4.13 (4) explanation of specific job functions, including 4.14 implementing objectives from the consumer's individual service 4.15 plan; 4.16 (5) explanation of responsibilities related to chapter 245C4.17 section 245A.65; sections 626.556 and 626.557, governing 4.18 maltreatment reporting and service planning for children and 4.19 vulnerable adults; and section 245.825, governing use of 4.20 aversive and deprivation procedures; 4.21 (6) medication administration as it applies to the 4.22 individual consumer, from a training curriculum developed by a 4.23 health services professional described in section 245B.05, 4.24 subdivision 5, and when the consumer meets the criteria of 4.25 having overriding health care needs, then medication 4.26 administration taught by a health services professional. Once a 4.27 consumer with overriding health care needs is admitted, staff 4.28 will be provided with remedial training as deemed necessary by 4.29 the license holder and the health professional to meet the needs 4.30 of that consumer. 4.31 For purposes of this section, overriding health care needs 4.32 means a health care condition that affects the service options 4.33 available to the consumer because the condition requires: 4.34 (i) specialized or intensive medical or nursing 4.35 supervision; and 4.36 (ii) nonmedical service providers to adapt their services 5.1 to accommodate the health and safety needs of the consumer; 5.2 (7) consumer rights; and 5.3 (8) other topics necessary as determined by the consumer's 5.4 individual service plan or other areas identified by the license 5.5 holder. 5.6 (c) The license holder must document each employee's 5.7 orientation received. 5.8 Sec. 8. [CORRECTION 107A.] Minnesota Statutes 1997 5.9 Supplement, section 245B.07, subdivision 9, is amended to read: 5.10 Subd. 9. [AVAILABILITY OF CURRENT WRITTEN POLICIES AND 5.11 PROCEDURES.] The license holder shall: 5.12 (1) review and update, as needed, the written policies and 5.13 procedures in this subdivisionchapter and inform all consumers 5.14 or the consumer's legal representatives, case managers, and 5.15 employees of the revised policies and procedures when they 5.16 affect the service provision; 5.17 (2) inform consumers or the consumer's legal 5.18 representatives of the written policies and procedures in this 5.19 subdivisionchapter upon service initiation. Copies must be 5.20 available to consumers or the consumer's legal representatives, 5.21 case managers, the county where services are located, and the 5.22 commissioner upon request; and 5.23 (3) document and maintain relevant information related to 5.24 the policies and procedures in this subdivisionchapter. 5.25 Sec. 9. [CORRECTION 108.] Minnesota Statutes 1996, section 5.26 256B.0627, subdivision 1, is amended to read: 5.27 Subdivision 1. [DEFINITION.] (a) "Assessment" means a 5.28 review and evaluation of a recipient's need for home care 5.29 services conducted in person. Assessments for private duty 5.30 nursing shall be conducted by a private duty nurse. Assessments 5.31 for home health agency services shall be conducted by a home 5.32 health agency nurse. Assessments for personal care services 5.33 shall be conducted by the county public health nurse or a 5.34 certified public health nurse under contract with the county. 5.35 An initial assessment for personal care services is conducted on 5.36 individuals who are requesting personal care services or for 6.1 those consumers who have never had a public health nurse 6.2 assessment. The initial assessment must include: a 6.3 face-to-face health status assessment and determination of 6.4 baseline need, collection of initial case data, identification 6.5 of appropriate services and service plan development, 6.6 coordination of initial services, referrals and follow-up to 6.7 appropriate payers and community resources, completion of 6.8 required reports, obtaining service authorization, and consumer 6.9 education. A reassessment visit for personal care services is 6.10 conducted at least annually or when there is a significant 6.11 change in consumer condition and need for services. The 6.12 reassessment visit includes a review of initial baseline data, 6.13 evaluation of service outcomes, redetermination of service need, 6.14 modification of service plan and appropriate referrals, update 6.15 of initial forms, obtaining service authorization, and on going 6.16 consumer education. Assessments for medical assistance home 6.17 care services for mental retardation or related conditions and 6.18 alternative care services for developmentally disabled home and 6.19 community-based waivered recipients may be conducted by the 6.20 county public health nurse to ensure coordination and avoid 6.21 duplication. Assessments must be completed on forms provided by 6.22 the commissioner within 30 days of a request for home care 6.23 services by a recipient or responsible party. 6.24 (b) "Care plan" means a written description of personal 6.25 care assistant services developed by the agency nurse with the 6.26 recipient or responsible party to be used by the personal care 6.27 assistant with a copy provided to the recipient or responsible 6.28 party. 6.29 (c) "Home care services" means a health service, determined 6.30 by the commissioner as medically necessary, that is ordered by a 6.31 physician and documented in a service plan that is reviewed by 6.32 the physician at least once every 60 days for the provision of 6.33 home health services, or private duty nursing, or at least once 6.34 every 365 days for personal care. Home care services are 6.35 provided to the recipient at the recipient's residence that is a 6.36 place other than a hospital or long-term care facility or as 7.1 specified in section 256B.0625. 7.2 (d) "Medically necessary" has the meaning given in 7.3 Minnesota Rules, parts 9505.0170 to 9505.0475. 7.4 (e) "Personal care assistant" means a person who: (1) is 7.5 at least 18 years old, except for persons 16 to 18 years of age 7.6 who participated in a related school-based job training program 7.7 or have completed a certified home health aide competency 7.8 evaluation; (2) is able to effectively communicate with the 7.9 recipient and personal care provider organization; (3) effective 7.10 July 1, 1996, has completed one of the training requirements as 7.11 specified in Minnesota Rules, part 9505.0335, subpart 3, items A 7.12 to D; (4) has the ability to, and provides covered personal care 7.13 services according to the recipient's care plan, responds 7.14 appropriately to recipient needs, and reports changes in the 7.15 recipient's condition to the supervising registered nurse; (5) 7.16 is not a consumer of personal care services; and (6) is subject 7.17 to criminal background checks. An individual who has been 7.18 convicted of a crime specified in Minnesota Rules, part 7.19 4668.0020, subpart 14, or a comparable crime in another 7.20 jurisdiction is disqualified from being a personal care 7.21 assistant, unless the individual meets the rehabilitation 7.22 criteria specified in Minnesota Rules, part 4668.0020, subpart 7.23 15. 7.24 (f) "Personal care provider organization" means an 7.25 organization enrolled to provide personal care services under 7.26 the medical assistance program that complies with the 7.27 following: (1) owners who have a five percent interest or more, 7.28 and managerial officials are subject to a background study as 7.29 provided in section 245A.04. This applies to currently enrolled 7.30 personal care provider organizations and those agencies seeking 7.31 enrollment as a personal care provider organization. An 7.32 organization will be barred from enrollment if an owner or 7.33 managerial official of the organization has been convicted of a 7.34 crime specified in Minnesota Rules, part 4668.0020, subpart7.35 14section 245A.04, or a comparable crime in another 7.36 jurisdiction, unless the owner or managerial official meets 8.1 the rehabilitationreconsideration criteria specified 8.2 in Minnesota Rules, part 4668.0020, subpart 15section 245A.04; 8.3 (2) the organization must maintain a surety bond and liability 8.4 insurance throughout the duration of enrollment and provides 8.5 proof thereof. The insurer must notify the department of human 8.6 services of the cancellation or lapse of policy; and (3) the 8.7 organization must maintain documentation of services as 8.8 specified in Minnesota Rules, part 9505.2175, subpart 7, as well 8.9 as evidence of compliance with personal care assistant training 8.10 requirements. 8.11 (g) "Responsible party" means an individual residing with a 8.12 recipient of personal care services who is capable of providing 8.13 the supportive care necessary to assist the recipient to live in 8.14 the community, is at least 18 years old, and is not a personal 8.15 care assistant. Responsible parties who are parents of minors 8.16 or guardians of minors or incapacitated persons may delegate the 8.17 responsibility to another adult during a temporary absence of at 8.18 least 24 hours but not more than six months. The person 8.19 delegated as a responsible party must be able to meet the 8.20 definition of responsible party, except that the delegated 8.21 responsible party is required to reside with the recipient only 8.22 while serving as the responsible party. Foster care license 8.23 holders may be designated the responsible party for residents of 8.24 the foster care home if case management is provided as required 8.25 in section 256B.0625, subdivision 19a. For persons who, as of 8.26 April 1, 1992, are sharing personal care services in order to 8.27 obtain the availability of 24-hour coverage, an employee of the 8.28 personal care provider organization may be designated as the 8.29 responsible party if case management is provided as required in 8.30 section 256B.0625, subdivision 19a. 8.31 (h) "Service plan" means a written description of the 8.32 services needed based on the assessment developed by the nurse 8.33 who conducts the assessment together with the recipient or 8.34 responsible party. The service plan shall include a description 8.35 of the covered home care services, frequency and duration of 8.36 services, and expected outcomes and goals. The recipient and 9.1 the provider chosen by the recipient or responsible party must 9.2 be given a copy of the completed service plan within 30 calendar 9.3 days of the request for home care services by the recipient or 9.4 responsible party. 9.5 (i) "Skilled nurse visits" are provided in a recipient's 9.6 residence under a plan of care or service plan that specifies a 9.7 level of care which the nurse is qualified to provide. These 9.8 services are: 9.9 (1) nursing services according to the written plan of care 9.10 or service plan and accepted standards of medical and nursing 9.11 practice in accordance with chapter 148; 9.12 (2) services which due to the recipient's medical condition 9.13 may only be safely and effectively provided by a registered 9.14 nurse or a licensed practical nurse; 9.15 (3) assessments performed only by a registered nurse; and 9.16 (4) teaching and training the recipient, the recipient's 9.17 family, or other caregivers requiring the skills of a registered 9.18 nurse or licensed practical nurse. 9.19 Sec. 10. [CORRECTION 109.] Minnesota Statutes 1997 9.20 Supplement, section 626.556, subdivision 10f, is amended to read: 9.21 Subd. 10f. [NOTICE OF DETERMINATIONS.] Within ten working 9.22 days of the conclusion of an assessment, the local welfare 9.23 agency shall notify the parent or guardian of the child, the 9.24 person determined to be maltreating the child, and if 9.25 applicable, the director of the facility, of the determination 9.26 and a summary of the specific reasons for the determination. 9.27 The notice must also include a certification that the 9.28 information collection procedures under subdivision 10, 9.29 paragraphs (h), (i), and (j), were followed and a notice of the 9.30 right of a data subject to obtain access to other private data 9.31 on the subject collected, created, or maintained under this 9.32 section. In addition, the notice shall include the length of 9.33 time that the records will be kept under subdivision 11c. When 9.34 there is no determination of either maltreatment or a need for 9.35 services, the notice shall also include the alleged 9.36 perpetrator's right to have the records destroyed. The 10.1 investigating agency shall notify the designeeparent or 10.2 guardian of the child who is the subject of the report, and any 10.3 person or facility determined to have maltreated a child, of 10.4 their appeal rights under this section. 10.5 Sec. 11. [CORRECTION 110.] Laws 1997, chapter 231, article 10.6 1, section 16, as amended by Laws 1997, First Special Session 10.7 chapter 5, section 35, is amended to read: 10.8 Sec. 16. [PROPERTY TAX REBATE.] 10.9 (a) A credit is allowed against the tax imposed on an10.10 individualunder Minnesota Statutes, chapter 290, to an 10.11 individual, other than as a dependent, as defined in sections 10.12 151 and 152 of the Internal Revenue Code, disregarding section 10.13 152(b)(3) of the Internal Revenue Code, equal to 20 percent of 10.14 the qualified property tax paid in calendar year 1997 for taxes 10.15 assessed in 1996. The credit is allowed only to the individual10.16 and spouse, if any, who paid the tax, whether directly, through10.17 an escrow arrangement, or under a contractual agreement for the10.18 purchase or sale of the property, and without regard to whether10.19 the individual qualifies as a claimant under Minnesota Statutes,10.20 chapter 290A.10.21 (b) For property owned and occupied by the taxpayer during 10.22 1997, qualified tax means property taxes payable as defined in 10.23 Minnesota Statutes, section 290A.03, subdivision 13, assessed in 10.24 1996 and payable in 1997, except the requirement that the 10.25 taxpayer own and occupy the property on January 2, 1997, does 10.26 not apply. The credit is allowed only to the individual and 10.27 spouse, if any, who paid the tax, whether directly, through an 10.28 escrow arrangement, or under a contractual agreement for the 10.29 purchase or sale of the property. 10.30 (c) For a renter, the qualified property tax means the 10.31 amount of rent constituting property taxes under Minnesota 10.32 Statutes, section 290A.03, subdivision 11, based on rent paid in 10.33 1997. If two or more renters could be claimants under Minnesota 10.34 Statutes, chapter 290A with regard to the rent constituting 10.35 property taxes, the rules under Minnesota Statutes, section 10.36 290A.03, subdivision 8, paragraph (f), applies to determine the 11.1 amount of the credit for the individual. 11.2 (d) For an individual who both owned and rented principal 11.3 residences in calendar year 1997, qualified taxes are the sum of 11.4 the amounts under paragraphs (a) and (b). 11.5 (e) If the amount of the credit under this subdivision 11.6 exceeds the taxpayer's tax liability under this chapter, the 11.7 commissioner shall refund the excess. 11.8 (f) To claim a credit under this subdivision, the taxpayer 11.9 must attach a copy of the property tax statement and certificate 11.10 of rent paid, as applicable, and provide any additional 11.11 information the commissioner requires. 11.12 (g) An amount sufficient to pay refunds under this 11.13 subdivision is appropriated to the commissioner from the general 11.14 fund. 11.15 (h) This credit applies to taxable years beginning after 11.16 December 31, 1996, and before January 1, 1998. 11.17 (i) Payment of the credit under this section is subject to 11.18 Minnesota Statutes, chapter 270A, and any other provision 11.19 applicable to refunds under Minnesota Statutes, chapter 290. 11.20 Sec. 12. [CORRECTION 111B.] Minnesota Statutes 1997 11.21 Supplement, section 115.55, subdivision 6, is amended to read: 11.22 Subd. 6. [DISCLOSURE OF INDIVIDUAL SEWAGE TREATMENT SYSTEM 11.23 TO BUYER.] (a) Before signing an agreement to sell or transfer 11.24 real property, the seller or transferor must disclose in writing 11.25 to the buyer or transferee information on how sewage generated 11.26 at the property is managed. The disclosure must be made by 11.27 delivering a statement to the buyer or transferee that either: 11.28 (1) the sewage goes to a facility permitted by the agency; 11.29 or 11.30 (2) the sewage does not go to a permitted facility, is 11.31 therefore subject to applicable requirements, and describes the 11.32 system in use, including the legal description of the property, 11.33 the county in which the property is located, and a map drawn 11.34 from available information showing the location of the system on 11.35 the property to the extent practicable. If the seller or 11.36 transferor has knowledge that an abandoned individual sewage 12.1 treatment system exists on the property, the disclosure must 12.2 include a map showing its location. In the disclosure statement 12.3 the seller or transferor must indicate whether the individual 12.4 sewage treatment system is in use and, to the seller's or 12.5 transferor's knowledge, in compliance with applicable sewage 12.6 treatment laws and rules. 12.7 (b) Unless the buyer or transferee and seller or transferor 12.8 agree to the contrary in writing before the closing of the sale, 12.9 a seller or transferor who fails to disclose the existence or 12.10 known status of an individual sewage treatment system at the 12.11 time of sale, and who knew or had reason to know of the 12.12 existence or known status of the system .12.13 (b) A seller or transferor who fails to meet the12.14 requirements of this section, is liable to the buyer or 12.15 transferee for costs relating to bringing the system into 12.16 compliance with the individual sewage treatment system rules and 12.17 for reasonable attorney fees for collection of costs from the 12.18 seller or transferor. An action under this subdivision must be 12.19 commenced within two years after the date on which the buyer or 12.20 transferee closed the purchase or transfer of the real property 12.21 where the system is located. 12.22 Sec. 13. [CORRECTION 113.] Minnesota Statutes 1997 12.23 Supplement, section 524.3-1201, is amended to read: 12.24 524.3-1201 [COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT.] 12.25 (a) Thirty days after the death of a decedent, (i) any 12.26 person indebted to the decedent, (ii) any person having 12.27 possession of tangible personal property or an instrument 12.28 evidencing a debt, obligation, stock or chose in action 12.29 belonging to the decedent, or (iii) any safe deposit company, as 12.30 defined in section 55.01, controlling the right of access to 12.31 decedent's safe deposit box shall make payment of the 12.32 indebtedness or deliver the tangible personal property or an 12.33 instrument evidencing a debt, obligation, stock or chose in 12.34 action or deliver the entire contents of the safe deposit box to 12.35 a person claiming to be the successor of the decedent, or a 12.36 state or county agency with a claim authorized by section 13.1 256B.15, upon being presented a certified death certificate of 13.2 the decedent and an affidavit, in duplicate, made by or on 13.3 behalf of the successor stating that: 13.4 (1) the value of the entire probate estate, wherever 13.5 located, including specifically any contents of a safe deposit 13.6 box, less liens and encumbrances, does not exceed $20,000; 13.7 (2) 30 days have elapsed since the death of the decedent 13.8 or, in the event the property to be delivered is the contents of 13.9 a safe deposit box, 30 days have elapsed since the filing of an 13.10 inventory of the contents of the box pursuant to section 55.10, 13.11 paragraph (h); 13.12 (3) no application or petition for the appointment of a 13.13 personal representative is pending or has been granted in any 13.14 jurisdiction; 13.15 (4) if presented, by a state or county agency with a claim 13.16 authorized by section 256B.15, to a financial institution with a 13.17 multiple-party account in which the decedent had an interest at 13.18 the time of death, the amount of the affiant's claim and a good 13.19 faith estimate of the extent to which the decedent was the 13.20 source of funds or beneficial owner of the account; and 13.21 (5) the claiming successor is entitled to payment or 13.22 delivery of the property. 13.23 (b) A transfer agent of any security shall change the 13.24 registered ownership on the books of a corporation from the 13.25 decedent to the successor or successors upon the presentation of 13.26 an affidavit as provided in subsection (a). 13.27 (c) The claiming successor or state or county agency shall 13.28 disburse the proceeds collected under this section to any person 13.29 with a superior claim under section 524.2-403 or 524.3-805. 13.30 (d) A motor vehicle registrar shall issue a new certificate 13.31 of title in the name of the successor upon the presentation of 13.32 an affidavit as provided in subsection (a). 13.33 (e) The person controlling access to decedent's safe 13.34 deposit box need not open the box or deliver the contents of the 13.35 box if: 13.36 (1) the person has received notice of a written or oral 14.1 objection from any person or has reason to believe that there 14.2 would be an objection; or 14.3 (2) the lessee's key or combination is not available. 14.4 Sec. 14. [CORRECTION 116.] Laws 1997, First Special 14.5 Session chapter 4, article 1, section 64, is amended to read: 14.6 Sec. 64. [EFFECTIVE DATE.] 14.7 (a) Sections 2, 11, 29, 30, 32, and43, 47, and 48 are 14.8 effective for revenue for fiscal year 1997. 14.9 (b) Sections 42 and 45 are effective for fiscal year 1999. 14.10 (c) If this act is enacted on or after July 1, 1997, all 14.11 sections in this article except for those sections listed in 14.12 paragraphs (a) and (b) are effective the day following final 14.13 enactment. 14.14 Sec. 15. [CORRECTION 119.] Laws 1997, chapter 203, article 14.15 3, section 19, is amended to read: 14.16 Sec. 19. [ICF/MR REIMBURSEMENT OCTOBER 1, 1997, TO OCTOBER 14.17 1, 1999.] 14.18 (a) Notwithstanding any contrary provision in Minnesota 14.19 Statutes, section 256B.501, for the rate years beginning October 14.20 1, 1997, and October 1, 1998, the commissioner of human services 14.21 shall, for purposes of the spend-up limit, array facilities 14.22 within each grouping established under Minnesota Statutes, 14.23 section 256B.501, subdivision 5b, paragraph (d), clause (4), by 14.24 each facility's cost per resident day. A facility's cost per 14.25 resident day shall be determined by dividing its allowable 14.26 historical general operating cost for the reporting year by the 14.27 facility's resident days for the reporting 14.28 year. Notwithstanding Laws 1996, chapter 451, article 3, 14.29 section 12, paragraph (c), for purposes of computing the 14.30 spend-up limits for the rate year beginning October 1, 1997, the 14.31 facility's prior cost report year's allowable general operating 14.32 cost base shall be either the facility's allowed general 14.33 operating costs used to set the payment rate paid for the rate 14.34 year beginning October 1, 1996, or the general operating cost 14.35 base determined using Laws 1996, chapter 451, article 3, section 14.36 12, paragraph (c), for October 1, 1996, whichever results in the 15.1 highest payment rate effective October 1, 1997. Facilities with 15.2 a cost per resident day at or above the median shall be limited 15.3 to the lesser of: 15.4 (1) the current reporting year's cost per resident day; or 15.5 (2) the prior report year's cost per resident day plus the 15.6 inflation factor established under Minnesota Statutes, section 15.7 256B.501, subdivision 3c, clause (2), increased by three 15.8 percentage points. 15.9 In no case shall the amount of this reduction exceed: three 15.10 percent for a facility with a licensed capacity greater than 16 15.11 beds; two percent for a facility with a licensed capacity of 15.12 nine to 16 beds; and one percent for a facility with a licensed 15.13 capacity of eight or fewer beds. 15.14 (b) The commissioner shall not apply the limits established 15.15 under Minnesota Statutes, section 256B.501, subdivision 5b, 15.16 paragraph (d), clause (8), for the rate years beginning October 15.17 1, 1997, and October 1, 1998. 15.18 Sec. 16. [CORRECTION 121.] Laws 1997, chapter 203, article 15.19 3, section 18, is amended to read: 15.20 Sec. 18. [RATE CLARIFICATION.] 15.21 For the rate years beginning October 1 , 1997, and October15.22 1, 1998of 1997, 1998, 1999, and 2000, the commissioner of human 15.23 services shall exempt intermediate care facilities for persons 15.24 with mental retardation (ICF/MR) from reductions to the payment 15.25 rates under Minnesota Statutes, section 256B.501, subdivision 15.26 5b, paragraph (d), clause (6), if the facility: 15.27 (1) has had a settle-up payment rate established in the 15.28 reporting year preceding the rate year for the one-time rate 15.29 adjustment; 15.30 (2) is a newly established facility; 15.31 (3) is an A to B conversion that has been converted under 15.32 Minnesota Statutes, section 252.292, since rate year 1990; 15.33 (4) has a payment rate subject to a community conversion 15.34 project under Minnesota Statutes, section 252.292; 15.35 (5) has a payment rate established under Minnesota 15.36 Statutes, section 245A.12 or 245A.13; or 16.1 (6) is a facility created by the relocation of more than 25 16.2 percent of the capacity of a related facility during the 16.3 reporting year. 16.4 Sec. 17. [CORRECTION 122.] Laws 1997, chapter 200, article 16.5 1, section 1, is amended to read: 16.6 Section 1. [ECONOMIC DEVELOPMENT; APPROPRIATIONS.] 16.7 The sums shown in the columns marked "APPROPRIATIONS" are 16.8 appropriated from the general fund, or another named fund, to 16.9 the agencies and for the purposes specified in this act, to be 16.10 available for the fiscal years indicated for each purpose. The 16.11 figures "1998" and "1999," where used in this act, mean that the 16.12 appropriation or appropriations listed under them are available 16.13 for the year ending June 30, 1998, or June 30, 1999, 16.14 respectively. The term "first year" means the fiscal year 16.15 ending June 30, 1998, and "second year" means the fiscal year 16.16 ending June 30, 1999. 16.17 SUMMARY BY FUND 16.18 1998 1999 TOTAL 16.19 General $195,977,000 $163,741,000$359,718,000 16.20 $195,962,000 $163,756,000 16.21 Petroleum Tank 16.22 Cleanup 957,000 969,000 1,926,000 16.23 Trunk Highway 706,000 723,000 1,429,000 16.24 Workers' 16.25 Compensation 23,095,000 23,130,000 46,225,000 16.26 Special Revenue 1,120,000 1,125,000 2,245,000 16.27 Taconite Environmental 16.28 Protection 1,410,000 -0- 1,410,000 16.29 TOTAL $223,265,000 $189,688,000$412,953,000 16.30 $223,250,000 $189,703,000 16.31 APPROPRIATIONS 16.32 Available for the Year 16.33 Ending June 30 16.34 1998 1999 16.35 Sec. 18. [CORRECTION 122A.] Laws 1997, chapter 200, 16.36 article 1, section 5, subdivision 1, is amended to read: 16.37 Subdivision 1. Total 16.38 Appropriation 42,067,000 34,110,00016.39 42,052,000 34,125,000 16.40 Summary by Fund 16.41 General 41,292,000 33,335,00017.1 41,277,000 33,350,000 17.2 Special Revenue 775,000 775,000 17.3 Sec. 19. [CORRECTION 122B.] Laws 1997, chapter 200, 17.4 article 1, section 5, subdivision 4, as amended by Laws 1997, 17.5 First Special Session chapter 5, section 22, is amended to read: 17.6 Subd. 4. Workforce Preparation 17.7 16,922,000 9,079,00017.8 16,907,000 9,094,000 17.9 Summary by Fund 17.10 General 16,147,000 8,304,00017.11 16,132,000 8,319,000 17.12 Special Revenue 775,000 775,000 17.13 $775,000 the first year and $775,000 17.14 the second year is for job training 17.15 programs under Minnesota Statutes, 17.16 sections 268.60 to 268.64. 17.17 Notwithstanding Minnesota Statutes, 17.18 section 268.022, this appropriation is 17.19 from the workforce investment fund. Of 17.20 this amount, $250,000 each year is for 17.21 grants to the Ramsey county 17.22 opportunities industrialization 17.23 center. The grants are to be used to 17.24 (1) offer prevocational training 17.25 programs and specific vocational 17.26 training programs involving intensive 17.27 English as a second language in 17.28 instruction, and (2) train for and 17.29 locate entry level jobs including, 17.30 without limitation, clerical, building 17.31 maintenance, manufacturing, home 17.32 maintenance and repair, and certified 17.33 nursing assistance. 17.34 $1,815,000 the first year and 17.35 $1,817,000 the second year is for 17.36 displaced homemaker programs under 17.37 Minnesota Statutes, section 268.96. 17.38 $1,050,000 the first year and 17.39 $1,050,000 the second year is for youth 17.40 intervention programs under Minnesota 17.41 Statutes, section 268.30. Funding from 17.42 this appropriation may be used to 17.43 expand existing programs to serve unmet 17.44 needs and to create new programs in 17.45 underserved areas. This appropriation 17.46 is available until spent. 17.47 $1,500,000 the first year and 17.48 $1,500,000 the second year is to 17.49 supplement the activities of the Job 17.50 Training Partnership Act Title II-A 17.51 program as described in United States 17.52 Code, title 29, sections 1501 to 1792. 17.53 The commissioner may use up to five 17.54 percent of this amount of state 17.55 operations. The balance of the amount 17.56 is for services to temporary assistance 17.57 for needy families (TANF) recipients. 17.58 This is a one-time appropriation and 18.1 may not be included in the budget base 18.2 for the biennium ending June 30, 2001. 18.3 $75,000 the first year is for the PLATO 18.4 education partnership pilot program. 18.5 If the commissioner favorably evaluates 18.6 the demonstration implementation of 18.7 PLATO in Fairmont and Owatonna, the 18.8 commissioner shall select two other 18.9 communities in which PLATO will be 18.10 implemented. Of this amount, not more 18.11 than $10 is for the demonstration 18.12 implementations. This appropriation is 18.13 available until June 30, 1999. This is 18.14 a one-time appropriation and may not be 18.15 included in the agency's budget base 18.16 for the biennium ending June 30, 2001. 18.17 $250,000 the first year and $250,000 18.18 the second year is for the learn to 18.19 earn summer youth employment program 18.20 established under Laws 1995, chapter 18.21 224, sections 5 and 39. This 18.22 appropriation is available until spent. 18.23 $10,000 the first year and $10,000 the 18.24 second year are for one-time grants to 18.25 independent school district No. 2752, 18.26 Fairmont, for community initiatives. 18.27 Of the money appropriated for the 18.28 summer youth program for the first 18.29 year, $750,000 is immediately 18.30 available. Any remaining balance of 18.31 the immediately available money is 18.32 available for the year in which it is 18.33 appropriated. In addition to the base 18.34 appropriation, $6,000,000 the first 18.35 year is for the summer youth program. 18.36 If the appropriation in either year is 18.37 insufficient, the appropriation for the 18.38 other year is available. 18.39 $700,000 the first year and $700,000 18.40 the second year is for the Youthbuild 18.41 program under Minnesota Statutes, 18.42 sections 268.361 to 268.366. A 18.43 Minnesota YOUTHBUILD program funded 18.44 under this section as authorized in 18.45 Minnesota Statutes, sections 268.361 to 18.46 268.367, qualifies as an approved 18.47 training program under Minnesota Rules, 18.48 part 5200.0930, subpart 1. 18.49 $250,000 the first year is for a 18.50 one-time grant to the displaced 18.51 homemaker program in the department of 18.52 economic security and $125,000 the 18.53 first year and $125,000 the second year 18.54 are for one-time grants to the St. Paul 18.55 district 5 planning council. These 18.56 grants are to operate a community work 18.57 empowerment support group demonstration 18.58 project. A project consists of 18.59 empowerment groups of individuals that 18.60 are in the process of obtaining or have 18.61 obtained jobs, including those in the 18.62 welfare-to-work programs, or are 18.63 working out problems of attaining 18.64 self-sufficiency. The groups must 18.65 separately meet at least monthly for at 19.1 least two hours. Each group meeting 19.2 must include empower mentors whose 19.3 responsibility will be to conduct the 19.4 meeting. Group members must be paid at 19.5 least $20 for each meeting attended. 19.6 The sites will report to the 19.7 commissioner on a semiannual basis 19.8 regarding the progress achieved at the 19.9 meetings. The purpose of the group is 19.10 to: 19.11 (1) share information among group 19.12 members as to the successes and 19.13 problems encountered in the 19.14 individual's employment goals; 19.15 (2) provide a forum for individuals 19.16 involved in moving to self-sufficiency 19.17 to share their experiences and 19.18 strategies and to support and empower 19.19 each other; and 19.20 (3) to provide feedback to the 19.21 commissioner concerning the best 19.22 strategies to achieve the empowerment 19.23 support group's objectives. 19.24 Notwithstanding Minnesota Statutes, 19.25 section 268.022, subdivision 2, the 19.26 commissioner of finance shall transfer 19.27 to the general fund from the dedicated 19.28 fund $3,500,000 in the first year and 19.29 $3,500,000 in the second year of the 19.30 money collected through the special 19.31 assessment established in Minnesota 19.32 Statutes, section 268.022, subdivision 19.33 1. 19.34 $15,000 the first year and $15,000 the 19.35 second year is for a grant to the city 19.36 of Champlin for creating and expanding 19.37 curfew enforcement. The program must 19.38 have clearly established neighborhood, 19.39 community, and family measures of 19.40 success and must report to the 19.41 commissioner of economic security on 19.42 the achievement of these outcomes on or 19.43 before June 30, 1998. 19.44 $250,000 the first year is for a 19.45 one-time grant to Ramsey county to 19.46 expand the sister-to-sister mentoring, 19.47 support, and training network program 19.48 countywide. This appropriation is in 19.49 addition to money appropriated under 19.50 Minnesota Statutes, sections 256J.62 19.51 and 256J.76. 19.52 $500,000 is for a grant to the center 19.53 for victims of torture to design and 19.54 develop training to educate health care 19.55 and human service workers on levels of 19.56 sensitive care and how to make 19.57 referrals and to establish a network of 19.58 care providers to do pro bono care for 19.59 torture survivors so as to enable a 19.60 rapid integration into communities and 19.61 labor markets by torture victims. This 19.62 is a one-time appropriation requiring a 19.63 one-to-one nonstate, in-kind match, and 19.64 is available until expended. 20.1 Sec. 20. [CORRECTION 301.] Minnesota Statutes 1997 20.2 Supplement, section 256I.05, subdivision 1d, is amended to read: 20.3 Subd. 1d. [SUPPLEMENTARY SERVICE RATES FOR CERTAIN 20.4 FACILITIES SERVING PERSONS WITH MENTAL ILLNESS OR CHEMICAL 20.5 DEPENDENCY.] Notwithstanding the provisions of subdivisions 1a 20.6 and 1c for the fiscal year ending June 30, 1998, a county agency 20.7 may negotiate a supplementary service rate in addition to the 20.8 board and lodging rate for facilities licensed and registered by 20.9 the Minnesota department of health under section 157.17 prior to 20.10 December 31, 19941996, if the facility meets the following 20.11 criteria: 20.12 (1) at least 75 percent of the residents have a primary 20.13 diagnosis of mental illness, chemical dependency, or both, and 20.14 have related special needs; 20.15 (2) the facility provides 24-hour, on-site, year-round 20.16 supportive services by qualified staff capable of intervention 20.17 in a crisis of persons with late-state inebriety or mental 20.18 illness who are vulnerable to abuse or neglect; 20.19 (3) the services at the facility include, but are not 20.20 limited to: 20.21 (i) secure central storage of medication; 20.22 (ii) reminders and monitoring of medication for 20.23 self-administration; 20.24 (iii) support for developing an individual medical and 20.25 social service plan, updating the plan, and monitoring 20.26 compliance with the plan; and 20.27 (iv) assistance with setting up meetings, appointments, and 20.28 transportation to access medical, chemical health, and mental 20.29 health service providers; 20.30 (4) each resident has a documented need for at least one of 20.31 the services provided; 20.32 (5) each resident has been offered an opportunity to apply 20.33 for admission to a licensed residential treatment program for 20.34 mental illness, chemical dependency, or both, have refused that 20.35 offer, and the offer and their refusal has been documented to 20.36 writing; and 21.1 (6) the residents are not eligible for home and 21.2 community-based services waivers because of their unique need 21.3 for community support. 21.4 The total supplementary service rate must not exceed $575. 21.5 Sec. 21. [CORRECTION 303.] Laws 1997, chapter 200, article 21.6 1, section 5, subdivision 4, as amended by Laws 1997, First 21.7 Special Session chapter 5, section 22, is amended to read: 21.8 Subd. 4. Workforce Preparation 21.9 16,922,000 9,079,000 21.10 Summary by Fund 21.11 General 16,147,000 8,304,000 21.12 Special Revenue 775,000 775,000 21.13 $775,000 the first year and $775,000 21.14 the second year is for job training 21.15 programs under Minnesota Statutes, 21.16 sections 268.60 to 268.64. 21.17 Notwithstanding Minnesota Statutes, 21.18 section 268.022, this appropriation is 21.19 from the workforce investment fund. Of 21.20 this amount, $250,000 each year is for 21.21 grants to the Ramsey county 21.22 opportunities industrialization 21.23 center. The grants are to be used to 21.24 (1) offer prevocational training 21.25 programs and specific vocational 21.26 training programs involving intensive 21.27 English as a second language in 21.28 instruction, and (2) train for and 21.29 locate entry level jobs including, 21.30 without limitation, clerical, building 21.31 maintenance, manufacturing, home 21.32 maintenance and repair, and certified 21.33 nursing assistance. 21.34 $1,815,000 the first year and 21.35 $1,817,000 the second year is for 21.36 displaced homemaker programs under 21.37 Minnesota Statutes, section 268.96. 21.38 $1,050,000 the first year and 21.39 $1,050,000 the second year is for youth 21.40 intervention programs under Minnesota 21.41 Statutes, section 268.30. Funding from 21.42 this appropriation may be used to 21.43 expand existing programs to serve unmet 21.44 needs and to create new programs in 21.45 underserved areas. This appropriation 21.46 is available until spent. 21.47 $1,500,000 the first year and 21.48 $1,500,000 the second year is to 21.49 supplement the activities of the Job 21.50 Training Partnership Act Title II-A 21.51 program as described in United States 21.52 Code, title 29, sections 1501 to 1792. 21.53 The commissioner may use up to five 21.54 percent of this amount of state 21.55 operations. The balance of the amount 21.56 is for services to temporary assistance 22.1 for needy families (TANF) recipients. 22.2 This is a one-time appropriation and 22.3 may not be included in the budget base 22.4 for the biennium ending June 30, 2001. 22.5 $75,000 the first year is for the PLATO 22.6 education partnership pilot program. 22.7 If the commissioner favorably evaluates 22.8 the demonstration implementation of 22.9 PLATO in Fairmont and Owatonna, the 22.10 commissioner shall select two other 22.11 communities in which PLATO will be 22.12 implemented. Of this amount, not more 22.13 than $10 is for the demonstration 22.14 implementations. This appropriation is 22.15 available until June 30, 1999. This is 22.16 a one-time appropriation and may not be 22.17 included in the agency's budget base 22.18 for the biennium ending June 30, 2001. 22.19 $250,000 the first year and $250,000 22.20 the second year is for the learn to 22.21 earn summer youth employment program 22.22 established under Laws 1995, chapter 22.23 224, sections 5 and 39. This 22.24 appropriation is available until spent. 22.25 $10,000 the first year and $10,000 the 22.26 second year are for one-time grants to 22.27 independent school district No. 2752, 22.28 Fairmont, for community initiatives. 22.29 Of the money appropriated for the 22.30 summer youth program for the first 22.31 year, $750,000 is immediately 22.32 available. Any remaining balance of 22.33 the immediately available money is 22.34 available for the year in which it is 22.35 appropriated. In addition to the base 22.36 appropriation, $6,000,000 the first 22.37 year is for the summer youth program. 22.38 If the appropriation in either year is 22.39 insufficient, the appropriation for the 22.40 other year is available. 22.41 $700,000 the first year and $700,000 22.42 the second year is for the Youthbuild 22.43 program under Minnesota Statutes, 22.44 sections 268.361 to 268.366. A 22.45 Minnesota YOUTHBUILD program funded 22.46 under this section as authorized in 22.47 Minnesota Statutes, sections 268.361 to 22.48 268.367, qualifies as an approved 22.49 training program under Minnesota Rules, 22.50 part 5200.0930, subpart 1. 22.51 $250,000 the first year is for a 22.52 one-time grant to the displaced 22.53 homemaker program in the department of 22.54 economic security and $125,000 the 22.55 first year and $125,000 the second year 22.56 are for one-time grants to the St. Paul 22.57 district 5 planning council. These 22.58 grants are to operate a community work 22.59 empowerment support group demonstration 22.60 project. A project consists of 22.61 empowerment groups of individuals that 22.62 are in the process of obtaining or have 22.63 obtained jobs, including those in the 22.64 welfare-to-work programs, or are 22.65 working out problems of attaining 23.1 self-sufficiency. The groups must 23.2 separately meet at least monthly for at 23.3 least two hours. Each group meeting 23.4 must include empower mentors whose 23.5 responsibility will be to conduct the 23.6 meeting. Group members must be paid at 23.7 least $20 for each meeting attended. 23.8 The sites will report to the 23.9 commissioner on a semiannual basis 23.10 regarding the progress achieved at the 23.11 meetings. The purpose of the group is 23.12 to: 23.13 (1) share information among group 23.14 members as to the successes and 23.15 problems encountered in the 23.16 individual's employment goals; 23.17 (2) provide a forum for individuals 23.18 involved in moving to self-sufficiency 23.19 to share their experiences and 23.20 strategies and to support and empower 23.21 each other; and 23.22 (3) to provide feedback to the 23.23 commissioner concerning the best 23.24 strategies to achieve the empowerment 23.25 support group's objectives. 23.26 Notwithstanding Minnesota Statutes, 23.27 section 268.022, subdivision 2, the 23.28 commissioner of finance shall transfer 23.29 to the general fund from the dedicated 23.30 fund $3,500,000 in the first year and 23.31 $3,500,000 in the second year of the 23.32 money collected through the special 23.33 assessment established in Minnesota 23.34 Statutes, section 268.022, subdivision 23.35 1. 23.36 $15,000 the first year and $15,000 the 23.37 second year is for a grant to the city 23.38 of Champlin for creating and expanding 23.39 curfew enforcement. The program must 23.40 have clearly established neighborhood, 23.41 community, and family measures of 23.42 success and must report to the 23.43 commissioner of economic security on 23.44 the achievement of these outcomes on or 23.45 before June 30, 1998. 23.46 $250,000 the first year is for a 23.47 one-time grant to Ramsey county to 23.48 expand the sister-to-sister mentoring, 23.49 support, and training network program 23.50 countywide. This appropriation is in 23.51 addition to money appropriated under 23.52 Minnesota Statutes, sections 256J.62 23.53 and 256J.76. This appropriation is 23.54 available until June 30, 1999. 23.55 $500,000 is for a grant to the center 23.56 for victims of torture to design and 23.57 develop training to educate health care 23.58 and human service workers on levels of 23.59 sensitive care and how to make 23.60 referrals and to establish a network of 23.61 care providers to do pro bono care for 23.62 torture survivors so as to enable a 23.63 rapid integration into communities and 23.64 labor markets by torture victims. This 24.1 is a one-time appropriation requiring a 24.2 one-to-one nonstate, in-kind match, and 24.3 is available until expended. 24.4 Sec. 22. [CORRECTION 304.] Minnesota Statutes 1997 24.5 Supplement, section 119B.05, subdivision 7, is amended to read: 24.6 Subd. 7. [CHILD CARE ASSISTANCE DIVERSION.] A one-year 24.7 program is established to provide assistance to participants 24.8 under the working family assistanceMFIP-S program established 24.9 in chapter 256J who are participating in an authorized activity 24.10 under section 256J.03, subdivision 4256J.49, subdivision 5, or 24.11 256J.52, subdivision 5, and who are eligible for child care 24.12 assistance according to chapter 119B as a reimbursement for 24.13 expenses related to the costs of education, training, or 24.14 transportation when all of the following conditions exist: 24.15 (1) child care needs during participation in the authorized 24.16 activity are being met by a legal child care provider as defined 24.17 in section 119B.01, subdivision 13; 24.18 (2) the participant cannot reasonably arrange for the 24.19 education, training, or transportation costs to be met through 24.20 alternate arrangements; 24.21 (3) the child care arrangement provides a transition to a 24.22 stable child care and employment arrangement and does not 24.23 disrupt the continuity of care for children; and 24.24 (4) the arrangement does not exceed two months. 24.25 The commissioner shall select one county in the 24.26 seven-county metropolitan area to participate in the program. 24.27 Assistance must be available only to residents of the selected 24.28 county. Assistance granted under this subdivision must not 24.29 exceed 1/12 of the average annual cost of care as established 24.30 for the administering county in the previous state fiscal year 24.31 for each authorized month. Assistance under this subdivision is 24.32 available to a recipient on a one-time basis. 24.33 Sec. 23. [CORRECTION 305.] Minnesota Statutes 1996, 24.34 section 297A.135, is amended to read: 24.35 297A.135 [RENTAL MOTOR VEHICLE TAX.] 24.36 Subdivision 1. [TAX IMPOSED.] A tax is imposed on the 24.37 lease or rental in this state for not more than 28 days of a 25.1 passenger automobile as defined in section 168.011, subdivision 25.2 7, a van as defined in section 168.011, subdivision 28, or a 25.3 pickup truck as defined in section 168.011, subdivision 29. A25.4 van designed or adapted primarily for transporting property25.5 rather than passengers is exempt from the tax imposed under this25.6 section.The tax is imposed at the rate of 6.2 percent of the 25.7 sales price as defined for the purpose of imposing the sales and 25.8 use tax in this chapter. The tax does not apply to the lease or25.9 rental of a hearse or limousine used in connection with a burial25.10 or funeral service.It applies whether or not the vehicle is 25.11 licensed in the state. 25.12 Subd. 1a. [FEE IMPOSED.] A fee equal to three percent of 25.13 the sales price is imposed on leases or rentals of vehicles 25.14 subject to the tax under subdivision 1. The lessor on the 25.15 invoice to the customer may designate the fee as "a fee imposed 25.16 by the State of Minnesota for the registration of rental cars." 25.17 Subd. 2. [SALES AND USE TAX.] The tax imposed in 25.18 subdivision 1 isand the fee imposed in subdivision 1a are not 25.19 included in the sales price for purposes of determining the 25.20 sales and use tax imposed in this chapter or any sales and use 25.21 tax imposed on the transaction under a special law. 25.22 Subd. 3. [ADMINISTRATION.] The tax imposed in subdivision 25.23 1 must be reported and paid to the commissioner of revenue with 25.24 the taxes imposed in this chapter. It isThe tax imposed in 25.25 subdivision 1 and the fee imposed in subdivision 1a are subject 25.26 to the same interest, penalty, and other provisions provided for 25.27 sales and use taxes under chapter 289A and this chapter. The 25.28 commissioner has the same powers to assess and collect the 25.29 tax and fee that are given the commissioner in chapters 270 and 25.30 289A and this chapter to assess and collect sales and use tax. 25.31 Subd. 4. [EXEMPTION.] The tax and the fee imposed by this 25.32 section doesdo not apply to a lease or rental if theof (1) a 25.33 vehicle isto be used by the lessee to provide a licensed taxi 25.34 service; (2) a hearse or limousine used in connection with a 25.35 burial or funeral service; or (3) a van designed or adapted 25.36 primarily for transporting property rather than passengers. 26.1 Subd. 5. [PAYMENT OF EXCESS FEES.] On the first sales tax 26.2 return due following the end of a calendar year during which a 26.3 lessor has imposed a fee under subdivision 1a, the lessor shall 26.4 report to the commissioner of revenue, in the form required by 26.5 the commissioner, the amount of the fee collected and the amount 26.6 of motor vehicle registration taxes paid under chapter 168. If 26.7 the amount of the fee collected during the previous year exceeds 26.8 the amount of motor vehicle registration taxes paid under 26.9 chapter 168 during the previous year, the lessor shall remit the 26.10 excess to the commissioner of revenue at the time the report is 26.11 submitted. 26.12 Sec. 24. [CORRECTION 305A.] Minnesota Statutes 1997 26.13 Supplement, section 297A.44, subdivision 1, is amended to read: 26.14 Subdivision 1. (a) Except as provided in paragraphs (b) 26.15 and (c)to (d), all revenues, including interest and penalties, 26.16 derived from the excise and use taxes imposed by sections 26.17 297A.01 to 297A.44 shall be deposited by the commissioner in the 26.18 state treasury and credited to the general fund. 26.19 (b) All excise and use taxes derived from sales and use of 26.20 property and services purchased for the construction and 26.21 operation of an agricultural resource project, from and after 26.22 the date on which a conditional commitment for a loan guaranty 26.23 for the project is made pursuant to section 41A.04, subdivision 26.24 3, shall be deposited in the Minnesota agricultural and economic 26.25 account in the special revenue fund. The commissioner of 26.26 finance shall certify to the commissioner the date on which the 26.27 project received the conditional commitment. The amount 26.28 deposited in the loan guaranty account shall be reduced by any 26.29 refunds and by the costs incurred by the department of revenue 26.30 to administer and enforce the assessment and collection of the 26.31 taxes. 26.32 (c) All revenues, including interest and penalties, derived 26.33 from the excise and use taxes imposed on sales and purchases 26.34 included in section 297A.01, subdivision 3, paragraphs (d) and 26.35 (k), clauses (1) and (2), must be deposited by the commissioner 26.36 in the state treasury, and credited as follows: 27.1 (1) first to the general obligation special tax bond debt 27.2 service account in each fiscal year the amount required by 27.3 section 16A.661, subdivision 3, paragraph (b); and 27.4 (2) after the requirements of clause (1) have been met, the 27.5 balance must be credited to the general fund. 27.6 (d) The revenues, including interest and penalties, 27.7 collected under section 297A.135, subdivision 5, shall be 27.8 deposited by the commissioner in the state treasury and credited 27.9 to the general fund. By July 15 of each year the commissioner 27.10 shall transfer to the highway user tax distribution fund an 27.11 amount equal to the excess fees collected under section 27.12 297A.135, subdivision 5, for the previous calendar year. 27.13 Sec. 25. [CORRECTION 305B.] [REPEALER.] 27.14 Minnesota Statutes 1997 Supplement, section 168.019, is 27.15 repealed. 27.16 Sec. 26. [CORRECTION 305C.] [EFFECTIVE DATE.] 27.17 Sections 23 to 25 are effective for leases or rentals 27.18 occurring on or after August 1, 1997. 27.19 Sec. 27. [CORRECTION 307.] Subdivision 1. Minnesota 27.20 Statutes 1996, section 124.91, subdivision 7, is amended to read: 27.21 Subd. 7. [LEASE PURCHASE, INSTALLMENT BUYS.] (a) Upon 27.22 application to, and approval by, the commissioner in accordance 27.23 with the procedures and limits in subdivision 1, paragraphs (a) 27.24 and (b), a district, as defined in this subdivision, may: 27.25 (1) purchase real or personal property under an installment 27.26 contract or may lease real or personal property with an option 27.27 to purchase under a lease purchase agreement, by which 27.28 installment contract or lease purchase agreement title is kept 27.29 by the seller or vendor or assigned to a third party as security 27.30 for the purchase price, including interest, if any; and 27.31 (2) annually levy the amounts necessary to pay the 27.32 district's obligations under the installment contract or lease 27.33 purchase agreement. 27.34 (b) The obligation created by the installment contract or 27.35 the lease purchase agreement must not be included in the 27.36 calculation of net debt for purposes of section 475.53, and does 28.1 not constitute debt under other law. An election is not 28.2 required in connection with the execution of the installment 28.3 contract or the lease purchase agreement. 28.4 (c) The proceeds of the levy authorized by this subdivision 28.5 must not be used to acquire a facility to be primarily used for 28.6 athletic or school administration purposes. 28.7 (d) For the purposes of this subdivision, "district" means: 28.8 (1) a school district required to have a comprehensive plan 28.9 for the elimination of segregation whose plan has been 28.10 determined by the commissioner to be in compliance with the 28.11 state board of education rules relating to equality of 28.12 educational opportunity and school desegregation; or 28.13 (2) a school district that participates in a joint program 28.14 for interdistrict desegregation with a district defined in 28.15 clause (1) if the facility acquired under this subdivision is to 28.16 be primarily used for the joint program. 28.17 (e) Notwithstanding subdivision 1, the prohibition against 28.18 a levy by a district to lease or rent a district-owned building 28.19 to itself does not apply to levies otherwise authorized by this 28.20 subdivision. 28.21 (f) For the purposes of this subdivision, any references in 28.22 subdivision 1 to building or land shall include personal 28.23 property. 28.24 Subd. 2. [EFFECTIVE DATE.] This section is effective 28.25 retroactively from July 1, 1997. 28.26 Sec. 28. [CORRECTION 308.] Subdivision 1. Minnesota 28.27 Statutes 1997 Supplement, section 273.13, subdivision 25, is 28.28 amended to read: 28.29 Subd. 25. [CLASS 4.] (a) Class 4a is residential real 28.30 estate containing four or more units and used or held for use by 28.31 the owner or by the tenants or lessees of the owner as a 28.32 residence for rental periods of 30 days or more. Class 4a also 28.33 includes hospitals licensed under sections 144.50 to 144.56, 28.34 other than hospitals exempt under section 272.02, and contiguous 28.35 property used for hospital purposes, without regard to whether 28.36 the property has been platted or subdivided. Class 4a property 29.1 in a city with a population of 5,000 or less, that is (1) 29.2 located outside of the metropolitan area, as defined in section 29.3 473.121, subdivision 2, or outside any county contiguous to the 29.4 metropolitan area, and (2) whose city boundary is at least 15 29.5 miles from the boundary of any city with a population greater 29.6 than 5,000 has a class rate of 2.3 percent of market value. All 29.7 other class 4a property has a class rate of 2.9 percent of 29.8 market value. For purposes of this paragraph, population has 29.9 the same meaning given in section 477A.011, subdivision 3. 29.10 (b) Class 4b includes: 29.11 (1) residential real estate containing less than four units 29.12 that does not qualify as class 4bb, other than seasonal 29.13 residential, and recreational; 29.14 (2) manufactured homes not classified under any other 29.15 provision; 29.16 (3) a dwelling, garage, and surrounding one acre of 29.17 property on a nonhomestead farm classified under subdivision 23, 29.18 paragraph (b) containing two or three units; 29.19 (4) unimproved property that is classified residential as 29.20 determined under section 273.13, subdivision 33. 29.21 Class 4b property has a class rate of 2.1 percent of market 29.22 value. 29.23 (c) Class 4bb includes: 29.24 (1) nonhomestead residential real estate containing one 29.25 unit, other than seasonal residential, and recreational; and 29.26 (2) a single family dwelling, garage, and surrounding one 29.27 acre of property on a nonhomestead farm classified under 29.28 subdivision 23, paragraph (b). 29.29 Class 4bb has a class rate of 1.9 percent on the first 29.30 $75,000 of market value and a class rate of 2.1 percent of its 29.31 market value that exceeds $75,000. 29.32 Property that has been classified as seasonal recreational 29.33 residential property at any time during which it has been owned 29.34 by the current owner or spouse of the current owner does not 29.35 qualify for class 4bb. 29.36 (d) Class 4c property includes: 30.1 (1) except as provided in subdivision 22, paragraph (c), 30.2 real property devoted to temporary and seasonal residential 30.3 occupancy for recreation purposes, including real property 30.4 devoted to temporary and seasonal residential occupancy for 30.5 recreation purposes and not devoted to commercial purposes for 30.6 more than 250 days in the year preceding the year of 30.7 assessment. For purposes of this clause, property is devoted to 30.8 a commercial purpose on a specific day if any portion of the 30.9 property is used for residential occupancy, and a fee is charged 30.10 for residential occupancy. In order for a property to be 30.11 classified as class 4c, seasonal recreational residential for 30.12 commercial purposes, at least 40 percent of the annual gross 30.13 lodging receipts related to the property must be from business 30.14 conducted between Memorial Day weekend and Labor Day weekend and 30.15 at least 60 percent of all bookings by lodging guests during the 30.16 year must be for periods of at least two consecutive nights. 30.17 Class 4c also includes commercial use real property used 30.18 exclusively for recreational purposes in conjunction with class 30.19 4c property devoted to temporary and seasonal residential 30.20 occupancy for recreational purposes, up to a total of two acres, 30.21 provided the property is not devoted to commercial recreational 30.22 use for more than 250 days in the year preceding the year of 30.23 assessment and is located within two miles of the class 4c 30.24 property with which it is used. Class 4c property classified in 30.25 this clause also includes the remainder of class 1c resorts. 30.26 Owners of real property devoted to temporary and seasonal 30.27 residential occupancy for recreation purposes and all or a 30.28 portion of which was devoted to commercial purposes for not more 30.29 than 250 days in the year preceding the year of assessment 30.30 desiring classification as class 1c or 4c, must submit a 30.31 declaration to the assessor designating the cabins or units 30.32 occupied for 250 days or less in the year preceding the year of 30.33 assessment by January 15 of the assessment year. Those cabins 30.34 or units and a proportionate share of the land on which they are 30.35 located will be designated class 1c or 4c as otherwise 30.36 provided. The remainder of the cabins or units and a 31.1 proportionate share of the land on which they are located will 31.2 be designated as class 3a. The owner of property desiring 31.3 designation as class 1c or 4c property must provide guest 31.4 registers or other records demonstrating that the units for 31.5 which class 1c or 4c designation is sought were not occupied for 31.6 more than 250 days in the year preceding the assessment if so 31.7 requested. The portion of a property operated as a (1) 31.8 restaurant, (2) bar, (3) gift shop, and (4) other nonresidential 31.9 facility operated on a commercial basis not directly related to 31.10 temporary and seasonal residential occupancy for recreation 31.11 purposes shall not qualify for class 1c or 4c; 31.12 (2) qualified property used as a golf course if: 31.13 (i) any portion of the property is located within a county 31.14 that has a population of less than 50,000, or within a county 31.15 containing a golf course owned by a municipality or, the county, 31.16 or a special taxing district; 31.17 (ii) it is open to the public on a daily fee basis. It may 31.18 charge membership fees or dues, but a membership fee may not be 31.19 required in order to use the property for golfing, and its green 31.20 fees for golfing must be comparable to green fees typically 31.21 charged by municipal courses; and 31.22 (iii) it meets the requirements of section 273.112, 31.23 subdivision 3, paragraph (d). 31.24 A structure used as a clubhouse, restaurant, or place of 31.25 refreshment in conjunction with the golf course is classified as 31.26 class 3a property. 31.27 (3) real property up to a maximum of one acre of land owned 31.28 by a nonprofit community service oriented organization; provided 31.29 that the property is not used for a revenue-producing activity 31.30 for more than six days in the calendar year preceding the year 31.31 of assessment and the property is not used for residential 31.32 purposes on either a temporary or permanent basis. For purposes 31.33 of this clause, a "nonprofit community service oriented 31.34 organization" means any corporation, society, association, 31.35 foundation, or institution organized and operated exclusively 31.36 for charitable, religious, fraternal, civic, or educational 32.1 purposes, and which is exempt from federal income taxation 32.2 pursuant to section 501(c)(3), (10), or (19) of the Internal 32.3 Revenue Code of 1986, as amended through December 31, 1990. For 32.4 purposes of this clause, "revenue-producing activities" shall 32.5 include but not be limited to property or that portion of the 32.6 property that is used as an on-sale intoxicating liquor or 3.2 32.7 percent malt liquor establishment licensed under chapter 340A, a 32.8 restaurant open to the public, bowling alley, a retail store, 32.9 gambling conducted by organizations licensed under chapter 349, 32.10 an insurance business, or office or other space leased or rented 32.11 to a lessee who conducts a for-profit enterprise on the 32.12 premises. Any portion of the property which is used for 32.13 revenue-producing activities for more than six days in the 32.14 calendar year preceding the year of assessment shall be assessed 32.15 as class 3a. The use of the property for social events open 32.16 exclusively to members and their guests for periods of less than 32.17 24 hours, when an admission is not charged nor any revenues are 32.18 received by the organization shall not be considered a 32.19 revenue-producing activity; 32.20 (4) post-secondary student housing of not more than one 32.21 acre of land that is owned by a nonprofit corporation organized 32.22 under chapter 317A and is used exclusively by a student 32.23 cooperative, sorority, or fraternity for on-campus housing or 32.24 housing located within two miles of the border of a college 32.25 campus; and 32.26 (5) manufactured home parks as defined in section 327.14, 32.27 subdivision 3. 32.28 Class 4c property has a class rate of 2.1 percent of market 32.29 value, except that (i) for each parcel of seasonal residential 32.30 recreational property not used for commercial purposes the first 32.31 $75,000 of market value has a class rate of 1.4 percent, and the 32.32 market value that exceeds $75,000 has a class rate of 2.5 32.33 percent, and (ii) manufactured home parks assessed under clause 32.34 (5) have a class rate of two percent. 32.35 (e) Class 4d property is qualifying low-income rental 32.36 housing certified to the assessor by the housing finance agency 33.1 under sections 273.126 and 462A.071. Class 4d includes land in 33.2 proportion to the total market value of the building that is 33.3 qualifying low-income rental housing. For all properties 33.4 qualifying as class 4d, the market value determined by the 33.5 assessor must be based on the normal approach to value using 33.6 unrestricted rents. 33.7 Class 4d property has a class rate of one percent of market 33.8 value. 33.9 (f) Class 4e property consists of the residential portion 33.10 of any structure located within a city that was converted from 33.11 nonresidential use to residential use, provided that: 33.12 (1) the structure had formerly been used as a warehouse; 33.13 (2) the structure was originally constructed prior to 1940; 33.14 (3) the conversion was done after December 31, 1995, but 33.15 before January 1, 2003; and 33.16 (4) the conversion involved an investment of at least 33.17 $25,000 per residential unit. 33.18 Class 4e property has a class rate of 2.3 percent, provided 33.19 that a structure is eligible for class 4e classification only in 33.20 the 12 assessment years immediately following the conversion. 33.21 Subd. 2. [EFFECTIVE DATE.] This section is effective for 33.22 taxes levied in 1997, payable in 1998, and thereafter. 33.23 Sec. 29. [EFFECTIVE DATE.] 33.24 Unless provided otherwise, each section of this act takes 33.25 effect at the time that the provision of law enacted in 1997 33.26 that it amends, cites, or refers to takes effect.