SF 12

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to Minnesota Statutes; correcting erroneous, 
  1.3             ambiguous, and omitted text and obsolete references; 
  1.4             eliminating certain redundant, conflicting, and 
  1.5             superseded provisions; making miscellaneous technical 
  1.6             corrections to statutes and other laws; amending 
  1.7             Minnesota Statutes 1996, sections 3.873, subdivisions 
  1.8             5 and 7; 9.041, subdivision 2; 10A.323; 13.99, 
  1.9             subdivision 38b; 14.62, subdivision 3; 15.0591, 
  1.10            subdivision 2; 15.441, subdivision 1; 15.471, 
  1.11            subdivision 1; 16A.276; 16A.672, subdivisions 2 and 5; 
  1.12            17.138, subdivision 2; 17.451, subdivision 1; 18.023, 
  1.13            subdivision 3; 18B.33, subdivision 1; 18C.121, 
  1.14            subdivision 1; 18C.575, subdivision 1; 18E.03, 
  1.15            subdivision 4; 19.51, subdivision 1; 25.31; 25.32; 
  1.16            25.33; 25.34; 25.36; 25.37; 25.39; 25.40; 25.41; 
  1.17            25.42; 25.43; 25.47, subdivision 2; 27.13; 27.14; 
  1.18            27.19; 27.20; 31.874; 32.078; 32.481, subdivision 1; 
  1.19            32.532; 32.71, subdivision 1; 41.53, subdivision 2; 
  1.20            41A.09, subdivision 4; 45.027, subdivision 1; 60A.15; 
  1.21            62N.05, subdivision 1; 62N.24; 65A.16; 65A.17; 65A.18; 
  1.22            65A.19; 65A.22; 65A.23; 65A.24; 84.027, subdivision 
  1.23            13; 92.46, subdivision 1; 103I.341, subdivision 1; 
  1.24            103I.535, subdivision 9; 115A.10; 115A.11, subdivision 
  1.25            1b; 115A.12; 115A.9651, subdivision 1; 115B.20, 
  1.26            subdivisions 1 and 2; 115B.39, subdivision 2; 
  1.27            115B.412, subdivision 5; 115B.42, subdivision 2; 
  1.28            116.07, subdivisions 4b and 10; 116C.91, subdivision 
  1.29            1; 116J.75, subdivision 1; 119A.04, subdivision 5; 
  1.30            119A.13, subdivisions 3 and 4; 119A.26, subdivision 2; 
  1.31            119B.17, subdivision 3; 120.062, subdivision 12; 
  1.32            120.075, subdivision 5; 120.0751, subdivision 6; 
  1.33            120.0752, subdivision 4; 121.15, subdivision 1; 
  1.34            121.1601, subdivision 3; 121.912, subdivision 1; 
  1.35            124.155, subdivision 2; 124.248, subdivision 3; 
  1.36            124.2725, subdivision 11; 124.3201, subdivisions 1 and 
  1.37            2b; 124.321, subdivisions 1 and 2; 124.322, 
  1.38            subdivisions 1a and 5; 124.323, subdivision 1; 
  1.39            124.574, subdivision 7; 124.91, subdivision 1; 
  1.40            124.918, subdivision 8; 124A.036, subdivision 5; 
  1.41            124A.225, subdivision 2; 124A.26, subdivision 1; 
  1.42            124A.711, subdivision 2; 124C.60, subdivisions 1 and 
  1.43            3; 126.22, subdivision 7; 126.51, subdivision 1; 
  1.44            126.72, subdivision 2; 136A.172; 136A.173; 136A.174; 
  1.45            136A.175; 136A.176; 136A.177; 136A.178; 136D.94; 
  1.46            144.056; 144.062; 144.092; 144A.073, subdivision 3; 
  2.1             144A.33, subdivision 5; 144A.53, subdivision 1; 
  2.2             144A.54, subdivisions 1 and 2; 145.894; 147A.13, 
  2.3             subdivision 1; 148.235, subdivision 4; 148B.23, 
  2.4             subdivision 3; 148C.11, subdivision 3; 152.02, 
  2.5             subdivision 13; 152.21, subdivision 3; 153A.19, 
  2.6             subdivision 2; 161.10; 161.1419, subdivision 7; 
  2.7             168.129, subdivision 1; 169.145; 176.081, subdivision 
  2.8             1; 176.108; 176.1351, subdivisions 5 and 6; 176.1812, 
  2.9             subdivision 7; 176.83, subdivision 5; 179A.03, 
  2.10            subdivisions 7 and 14; 179A.06, subdivision 2; 
  2.11            179A.09, subdivision 3; 181.14; 181.15; 181.16; 
  2.12            182.676; 183.57, subdivision 2; 192.551; 197.133; 
  2.13            197.447; 214.01, subdivision 2; 214.07, subdivision 1; 
  2.14            214.13, subdivision 5; 216C.35; 223.19; 237.70, 
  2.15            subdivision 7; 237.711; 241.01, subdivision 3a; 
  2.16            242.56, subdivision 3; 244.09, subdivisions 7 and 13; 
  2.17            244.13, subdivision 3; 244.17, subdivision 2; 245.462, 
  2.18            subdivision 16; 245.4881, subdivision 2; 245.4886, 
  2.19            subdivision 2; 245.62, subdivisions 2 and 4; 245.69, 
  2.20            subdivision 2; 245.697, subdivisions 2 and 3; 246.06; 
  2.21            246.64, subdivision 3; 252.035; 252.275, subdivision 
  2.22            6; 252.291, subdivisions 3 and 5; 252.40; 252.41, 
  2.23            subdivision 1; 252.43; 252.46, subdivision 1; 252.50, 
  2.24            subdivision 6; 254A.16, subdivision 2; 256.01, 
  2.25            subdivision 2; 256.016; 256.736, subdivisions 3a and 
  2.26            7; 256.7365, subdivision 7; 256.82, subdivision 4; 
  2.27            256.9742, subdivision 1; 256B.04, subdivision 2; 
  2.28            256B.092, subdivision 6; 256B.49, subdivision 2; 
  2.29            256D.03, subdivision 7; 256D.04; 256E.04, subdivision 
  2.30            1; 256F.04, subdivision 3; 257.072, subdivision 5; 
  2.31            257.0755, subdivision 1; 257.0768, subdivision 1; 
  2.32            257.0769; 257.41; 259.71, subdivision 5; 260.152, 
  2.33            subdivisions 2, 3, and 6; 260.161, subdivision 3; 
  2.34            260.181, subdivision 3a; 268.0122, subdivision 5; 
  2.35            268.0124; 268.03; 268.15, subdivision 3; 268.361, 
  2.36            subdivision 1; 268.90, subdivision 3; 270A.09, 
  2.37            subdivision 3; 272.12; 273.1398, subdivision 1; 
  2.38            279.01, subdivision 3; 280.05; 280.28, subdivision 2; 
  2.39            280.33; 280.35; 281.16; 281.32; 282.07; 284.04; 
  2.40            290.091, subdivision 6; 290.171; 297A.259; 299C.11; 
  2.41            299F.051, subdivision 3; 299F.46, subdivision 1; 
  2.42            299L.02, subdivision 1; 325F.84, subdivision 1; 
  2.43            326.2421, subdivision 2; 327A.08; 345.48, subdivision 
  2.44            1; 349.19, subdivision 2a; 353.64, subdivision 2; 
  2.45            353C.02; 354.66, subdivision 4; 360.013, subdivision 
  2.46            20; 360.015, subdivision 17; 363.05, subdivision 1; 
  2.47            383A.43, subdivision 6; 383B.78, subdivision 3; 
  2.48            383D.35; 390.35; 412.191, subdivision 1; 412.581; 
  2.49            412.631; 422A.01, subdivision 18; 427.02; 435.27; 
  2.50            458.40; 458A.08; 462A.03, subdivision 10; 462A.07, 
  2.51            subdivision 7; 463.01; 465.15; 465.20; 466.03, 
  2.52            subdivision 6d; 469.078, subdivision 1; 469.141, 
  2.53            subdivision 3; 469.173, subdivision 7; 469.183, 
  2.54            subdivision 4; 471.9981, subdivision 1; 473.1623, 
  2.55            subdivisions 3, 4, and 5; 473.206; 473.208; 473.3994, 
  2.56            subdivision 9; 473.598, subdivision 3; 473.638, 
  2.57            subdivision 2; 473.859, subdivision 2; 475.51, 
  2.58            subdivision 9; 475.53, subdivision 1; 475.57; 475.61, 
  2.59            subdivision 2; 480.242, subdivision 2; 500.24, 
  2.60            subdivision 3; 508A.01, subdivision 3; 524.2-402; 
  2.61            525.152, subdivisions 1, 2, and 3; 609.101, 
  2.62            subdivision 4; 611.216, subdivision 3; 611.25, 
  2.63            subdivision 3; 611A.56, subdivision 1; 626.843; 
  2.64            626.845; 626.846; 626.847; 626.851; and 626.88; Laws 
  2.65            1995 chapter 220, section 7, subdivision 3; and Laws 
  2.66            1996, chapter 310, section 1; proposing coding for new 
  2.67            law in Minnesota Statutes, chapter 35; repealing 
  2.68            Minnesota Statutes 1996, sections 3.922, subdivision 
  2.69            9; 13.99, subdivisions 21d and 24a; 15.475; 16B.87, 
  2.70            subdivision 4; 17.452, subdivision 3; 115A.03, 
  2.71            subdivision 16; 116D.11, subdivision 4; 116J.975; 
  3.1             124.2442; 124.245; 124.3202; 126.78, subdivision 5; 
  3.2             144.95, subdivision 9; 145A.12, subdivision 6; 
  3.3             148.578; 174.23, subdivision 5; 196.22, subdivision 4; 
  3.4             216C.06, subdivisions 10 and 11; 246.57, subdivision 
  3.5             2; 254B.03, subdivision 8; 256B.04, subdivision 11; 
  3.6             256B.0629, subdivision 3; 256F.11, subdivision 3; 
  3.7             256F.12, subdivision 5; 260.152, subdivision 7; 
  3.8             325F.98; 388.24, subdivision 5; 466.01, subdivisions 4 
  3.9             and 5; 471A.02, subdivisions 2 and 15; 473.638, 
  3.10            subdivision 1; 473.639; 494.05, subdivision 3; 611.27, 
  3.11            subdivision 14; and 611A.75; Laws 1988, chapter 495, 
  3.12            section 1; Laws 1989, chapters 209, article 2, section 
  3.13            42; and 282, article 3, section 28; Laws 1991, chapter 
  3.14            292, article 2, section 2; Laws 1993, chapter 286, 
  3.15            section 1; Laws 1994, chapters 411, section 4; and 
  3.16            416, article 1, sections 47, 51, and 56; Laws 1995, 
  3.17            chapters 171, sections 54 and 56; and 186, section 26; 
  3.18            Laws 1995, First Special Session chapter 3, article 
  3.19            13, section 2; and Laws 1996, chapters 414, article 1, 
  3.20            section 30; and 471, article 11, section 1. 
  3.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  3.22                             ARTICLE 1 
  3.23                              GENERAL 
  3.24     Section 1.  Minnesota Statutes 1996, section 10A.323, is 
  3.25  amended to read: 
  3.26     10A.323 [MATCHING REQUIREMENTS.] 
  3.27     In addition to the requirements of section 10A.322, to be 
  3.28  eligible to receive a public subsidy under section 10A.31 or 
  3.29  10A.312 a candidate or the candidate's treasurer shall file an 
  3.30  affidavit with the board stating that during that calendar year 
  3.31  the candidate has accumulated contributions from persons 
  3.32  eligible to vote in this state in the amount indicated for the 
  3.33  office sought, counting only the first $50 received from each 
  3.34  contributor: 
  3.35     (1) candidates for governor and lieutenant governor running 
  3.36  together, $35,000; 
  3.37     (2) candidates for attorney general, $15,000; 
  3.38     (3) candidates for secretary of state, state treasurer, and 
  3.39  state auditor, separately, $6,000; 
  3.40     (4) candidates for the senate, $3,000; and 
  3.41     (5) candidates for the house of representatives, $1,500. 
  3.42     To be eligible to receive a public matching subsidy under 
  3.43  section 10A.312, the affidavit must state the total amount of 
  3.44  contributions that have been received from persons eligible to 
  3.45  vote in this state and the total amount of those contributions 
  4.1   received, disregarding the portion of any contribution in excess 
  4.2   of $50.  
  4.3      The candidate or the candidate's treasurer shall submit the 
  4.4   affidavit required by this section to the board in writing by 
  4.5   September 1 of the general election year to receive the payment 
  4.6   based on the results of the primary election, by September 15 to 
  4.7   receive the payment made October 1, by October 1 to receive the 
  4.8   payment made October 15, by November 1 to receive the payment 
  4.9   made November 15, and by December 1 to receive the payment made 
  4.10  December 15. 
  4.11     Sec. 2.  [REPEALER; SECTION 13.99, SUBDIVISION 21d.] 
  4.12     Minnesota Statutes 1996, section 13.99, subdivision 21d, is 
  4.13  repealed. 
  4.14     Sec. 3.  [REPEALER; SECTION 13.99, SUBDIVISION 24a.] 
  4.15     Minnesota Statutes 1996, section 13.99, subdivision 24a, is 
  4.16  repealed. 
  4.17     Sec. 4.  Minnesota Statutes 1996, section 13.99, 
  4.18  subdivision 38b, is amended to read: 
  4.19     Subd. 38b.  [LEAD EXPOSURE DATA.] Data on individuals 
  4.20  exposed to lead in their residences are classified under 
  4.21  sections 144.874, subdivision 1, 144.9502, subdivision 9, and 
  4.22  144.9504, subdivision 2. 
  4.23     Sec. 5.  [REPEALER; SECTION 15.059 NOTE.] 
  4.24     Laws 1993, chapter 286, section 1, is repealed. 
  4.25     Sec. 6.  Minnesota Statutes 1996, section 16A.672, 
  4.26  subdivision 2, is amended to read: 
  4.27     Subd. 2.  [APPLICATION OF COMMERCIAL CODE.] All bonds and 
  4.28  certificates are securities under sections 336.8-101 to 
  4.29  336.8-408 336.8-603.  The commissioner may do for the state 
  4.30  whatever may or must be done under those sections to comply with 
  4.31  the orders authorizing them.  The bonds or certificates may be 
  4.32  issued:  
  4.33     (1) in one or more denominations; 
  4.34     (2) in bearer form, with interest coupons attached; and 
  4.35     (3) with provision for registration as to principal only; 
  4.36  or 
  5.1      (4) in fully registered form; and 
  5.2      (5) with provision for registration of conversion and 
  5.3   exchange of forms and denominations, transfer of ownership, and 
  5.4   replacement of lost or damaged bonds.  
  5.5      Sec. 7.  Minnesota Statutes 1996, section 16A.672, 
  5.6   subdivision 5, is amended to read: 
  5.7      Subd. 5.  [REGISTRAR.] The commissioner, in order to issue 
  5.8   any bonds or certificates, may name a registrar to act for the 
  5.9   state under sections 336.8-101 to 336.8-408 336.8-603, and to 
  5.10  authenticate and deliver obligations upon initial issuance and 
  5.11  registration of transfer, exchange, or conversion.  The 
  5.12  registrar must be an incorporated bank or trust company, in or 
  5.13  out of the state, authorized by the laws of the United States or 
  5.14  the state in which it is located to perform these duties. 
  5.15     Sec. 8.  Minnesota Statutes 1996, section 18.023, 
  5.16  subdivision 3, is amended to read: 
  5.17     Subd. 3.  [RULES; APPLICABILITY TO MUNICIPALITIES.] The 
  5.18  rules of the commissioner shall apply in a municipality unless 
  5.19  the municipality adopts an ordinance which is determined by the 
  5.20  commissioner to be more stringent than the rules of the 
  5.21  commissioner.  The rules of the commissioner or the more 
  5.22  stringent ordinance of the municipality shall be in effect 60 
  5.23  days from March 31, 1974.  The rules of the commissioner or the 
  5.24  municipality shall apply to all state agencies, special purpose 
  5.25  districts and metropolitan commissions as defined in section 
  5.26  473.121, subdivision 7 5a, which own or control land adjacent to 
  5.27  or within a shade tree disease control area in Laws 1975, 
  5.28  chapter 253. 
  5.29     Sec. 9.  Minnesota Statutes 1996, section 18B.33, 
  5.30  subdivision 1, is amended to read: 
  5.31     Subdivision 1.  [REQUIREMENT.] (a) A person may not apply a 
  5.32  pesticide for hire without a commercial applicator license for 
  5.33  the appropriate use categories or a structural pest control 
  5.34  license or aquatic pest control license.  
  5.35     (b) A person with a commercial applicator license may not 
  5.36  apply pesticides on or into surface waters without an aquatic 
  6.1   pest control license under section 18B.32 18B.315, except an 
  6.2   aquatic pest control license is not required for licensed 
  6.3   commercial applicators applying pesticides for the purposes of:  
  6.4      (1) pest control on cultivated wild rice; 
  6.5      (2) mosquito and black fly control operations; 
  6.6      (3) pest control on rights-of-way; 
  6.7      (4) aerial pest control operations for emergent vegetation 
  6.8   control; 
  6.9      (5) aerial application of piscicides; and 
  6.10     (6) pest control for silvicultural operations. 
  6.11     (c) A commercial applicator licensee must have a valid 
  6.12  license identification card when applying pesticides for hire 
  6.13  and must display it upon demand by an authorized representative 
  6.14  of the commissioner or a law enforcement officer.  The 
  6.15  commissioner shall prescribe the information required on the 
  6.16  license identification card. 
  6.17     Sec. 10.  Minnesota Statutes 1996, section 18E.03, 
  6.18  subdivision 4, is amended to read: 
  6.19     Subd. 4.  [FEE.] (a) The response and reimbursement fee 
  6.20  consists of the surcharges and any adjustments made by the 
  6.21  commissioner in this subdivision and shall be collected by the 
  6.22  commissioner.  The amount of the response and reimbursement fee 
  6.23  shall be determined and imposed annually by the commissioner as 
  6.24  required to satisfy the requirements in subdivision 3.  The 
  6.25  commissioner shall adjust the amount of the surcharges imposed 
  6.26  in proportion to the amount of the surcharges listed in this 
  6.27  subdivision. 
  6.28     (b) The commissioner shall impose a surcharge on pesticides 
  6.29  registered under chapter 18B to be collected as a surcharge on 
  6.30  the registration application fee under section 18B.26, 
  6.31  subdivision 3, that is equal to 0.1 percent of sales of the 
  6.32  pesticide in the state and sales of pesticides for use in the 
  6.33  state during the previous calendar year, except the surcharge 
  6.34  may not be imposed on pesticides that are sanitizers or 
  6.35  disinfectants as determined by the commissioner.  No surcharge 
  6.36  is required if the surcharge amount based on percent of annual 
  7.1   gross sales is less than $10.  The registrant shall determine 
  7.2   when and which pesticides are sold or used in this state.  The 
  7.3   registrant shall secure sufficient sales information of 
  7.4   pesticides distributed into this state from distributors and 
  7.5   dealers, regardless of distributor location, to make a 
  7.6   determination.  Sales of pesticides in this state and sales of 
  7.7   pesticides for use in this state by out-of-state distributors 
  7.8   are not exempt and must be included in the registrant's annual 
  7.9   report, as required under section 18B.26, subdivision 3, 
  7.10  paragraph (c), and fees shall be paid by the registrant based 
  7.11  upon those reported sales.  Sales of pesticides in the state for 
  7.12  use outside of the state are exempt from the surcharge in this 
  7.13  paragraph if the registrant properly documents the sale location 
  7.14  and the distributors. 
  7.15     (c) The commissioner shall impose a ten cents per ton 
  7.16  surcharge on the inspection fee under section 18C.425, 
  7.17  subdivision 6, for fertilizers, soil amendments, and plant 
  7.18  amendments.  
  7.19     (d) The commissioner shall impose a surcharge on the 
  7.20  license application of persons licensed under chapters 18B and 
  7.21  18C consisting of: 
  7.22     (1) a $75 surcharge for each site where pesticides are 
  7.23  stored or distributed, to be imposed as a surcharge on pesticide 
  7.24  dealer application fees under section 18B.31, subdivision 5; 
  7.25     (2) a $75 surcharge for each site where a fertilizer, plant 
  7.26  amendment, or soil amendment is distributed, to be imposed on 
  7.27  persons licensed under sections 18C.415 and 18C.425; 
  7.28     (3) a $50 surcharge to be imposed on a structural pest 
  7.29  control applicator license application under section 18B.32, 
  7.30  subdivision 6, for business license applications only; 
  7.31     (4) a $20 surcharge to be imposed on commercial applicator 
  7.32  license application fees under section 18B.33, subdivision 7; 
  7.33     (5) a $20 surcharge to be imposed on noncommercial 
  7.34  applicator license application fees under section 18B.34, 
  7.35  subdivision 5, except a surcharge may not be imposed on a 
  7.36  noncommercial applicator that is a state agency, political 
  8.1   subdivision of the state, the federal government, or an agency 
  8.2   of the federal government; and 
  8.3      (6) a $20 surcharge to be imposed on aquatic pest control 
  8.4   licenses under section 18B.315. 
  8.5      (e) A $1,000 fee shall be imposed on each site where 
  8.6   pesticides are stored and sold for use outside of the state 
  8.7   unless:  
  8.8      (1) the distributor properly documents that it has less 
  8.9   than $2,000,000 per year in wholesale value of pesticides stored 
  8.10  and transferred through the site; or 
  8.11     (2) the registrant pays the surcharge under paragraph (b) 
  8.12  and the registration fee under section 18B.26, subdivision 3, 
  8.13  for all of the pesticides stored at the site and sold for use 
  8.14  outside of the state. 
  8.15     (f) Paragraphs (c) to (e) apply to sales, licenses issued, 
  8.16  applications received for licenses, and inspection fees imposed 
  8.17  on or after July 1, 1990. 
  8.18     Sec. 11.  [REVISOR'S INSTRUCTION; SECTIONS 25.31 TO 25.43.] 
  8.19     The revisor shall change the citation from section 25.44 to 
  8.20  section 25.43 in the following sections of Minnesota Statutes:  
  8.21  25.31; 25.32; 25.33; 25.34; 25.36; 25.37; 25.39; 25.40; 25.41; 
  8.22  25.42; and 25.43. 
  8.23     Sec. 12.  Minnesota Statutes 1996, section 25.47, 
  8.24  subdivision 2, is amended to read: 
  8.25     Subd. 2.  The commissioner of agriculture shall, on or 
  8.26  before June 15 of each year, establish the grades of hay and 
  8.27  straw subject to state inspection which shall be known as the 
  8.28  "Minnesota Grades" and hay and straw received at a public 
  8.29  warehouse shall be graded accordingly.  The grades shall not be 
  8.30  changed before June 15 of the next succeeding year.  The 
  8.31  commissioner of agriculture shall also adopt rules in accordance 
  8.32  with the administrative procedure act as it deems necessary to 
  8.33  implement this section and section 25.46.  
  8.34     Sec. 13.  [REVISOR'S INSTRUCTION; SECTIONS 27.13 TO 27.20.] 
  8.35     The revisor shall change the citation from section 27.15 to 
  8.36  section 27.14 in the following sections of Minnesota Statutes:  
  9.1   27.13; 27.14; 27.19; and 27.20. 
  9.2      Sec. 14.  Minnesota Statutes 1996, section 32.078, is 
  9.3   amended to read: 
  9.4      32.078 [SUSPENSION OR CANCELLATION.] 
  9.5      The commissioner is empowered to suspend or cancel any 
  9.6   license issued pursuant to the provisions of sections 32.071 to 
  9.7   32.077 32.076 after a hearing upon written notice containing the 
  9.8   grounds therefor, which notice shall be served personally upon 
  9.9   the licensee or the licensee's agent at least five days prior to 
  9.10  such hearing. 
  9.11     Sec. 15.  Minnesota Statutes 1996, section 32.481, 
  9.12  subdivision 1, is amended to read: 
  9.13     Subdivision 1.  [DEFINITION.] "Cheese" as used in sections 
  9.14  32.481 to 32.485 32.484 includes all varieties of cheese, cheese 
  9.15  spreads, cheese foods, cheese compounds, or processed cheese, 
  9.16  made or manufactured in whole or in part from cow's, goat's, or 
  9.17  sheep's milk. 
  9.18     Sec. 16.  [REVIVAL OF STATUTES; SECTIONS 35.01 AND 35.73.] 
  9.19     Notwithstanding Minnesota Statutes, section 645.36, 
  9.20  Minnesota Statutes 1994, sections 35.01, subdivisions 1, 2, and 
  9.21  3; and 35.73, subdivisions 1 and 4, are revived retroactive to 
  9.22  August 1, 1996. 
  9.23     Sec. 17.  [REPEALER; SECTIONS 50.21 AND 50.22 NOTE.] 
  9.24     Laws 1995, chapter 171, sections 54 and 56, are repealed. 
  9.25     Sec. 18.  [REVISOR'S INSTRUCTION; SECTION 60A.15.] 
  9.26     The revisor shall insert the phrase "of revenue" after the 
  9.27  word "commissioner" wherever the word "commissioner" appears 
  9.28  without further designation in Minnesota Statutes, section 
  9.29  60A.15. 
  9.30     Sec. 19.  [REPEALER; SECTION 62L.08 NOTE.] 
  9.31     Laws 1995, First Special Session chapter 3, article 13, 
  9.32  section 2, is repealed. 
  9.33     Sec. 20.  [REVISOR'S INSTRUCTION; SECTIONS 65A.16 TO 
  9.34  65A.24.] 
  9.35     The revisor shall change the citation from section 65A.25 
  9.36  to section 65A.24 in the following sections of Minnesota 
 10.1   Statutes:  65A.16; 65A.17; 65A.18; 65A.19; 65A.22; 65A.23; and 
 10.2   65A.24. 
 10.3      Sec. 21.  Minnesota Statutes 1996, section 84.027, 
 10.4   subdivision 13, is amended to read: 
 10.5      Subd. 13.  [GAME AND FISH RULES.] (a) The commissioner of 
 10.6   natural resources may adopt rules under sections 97A.0451 to 
 10.7   97A.0459 and this subdivision that are authorized under: 
 10.8      (1) chapters 97A, 97B, and 97C to set open seasons and 
 10.9   areas, to close seasons and areas, to select hunters for areas, 
 10.10  to provide for tagging and registration of game, to prohibit or 
 10.11  allow taking of wild animals to protect a species, and to 
 10.12  prohibit or allow importation, transportation, or possession of 
 10.13  a wild animal; 
 10.14     (2) sections 84.093, 84.14, 84.15, and 84.152 to set 
 10.15  seasons for harvesting wild ginseng roots and wild rice and to 
 10.16  restrict or prohibit harvesting in designated areas; and 
 10.17     (3) section 84D.12 to designate prohibited exotic species, 
 10.18  regulated exotic species, unregulated exotic species, limited 
 10.19  infestations of Eurasian water milfoil, and infested waters. 
 10.20     Clause (2) does not limit or supersede the commissioner's 
 10.21  authority to establish opening dates, days, and hours of the 
 10.22  wild rice harvesting season under section 84.14, subdivision 3. 
 10.23     (b) If conditions exist that do not allow the commissioner 
 10.24  to comply with sections 97A.0451 to 97A.0459, the commissioner 
 10.25  may adopt a rule under this subdivision by submitting the rule 
 10.26  to the attorney general for review under section 97A.0455, 
 10.27  publishing a notice in the State Register and filing the rule 
 10.28  with the secretary of state and the legislative commission to 
 10.29  review administrative rules, and complying with section 
 10.30  97A.0459, and including a statement of the emergency conditions 
 10.31  and a copy of the rule in the notice.  The notice may be 
 10.32  published after it is received from the attorney general or five 
 10.33  business days after it is submitted to the attorney general, 
 10.34  whichever is earlier. 
 10.35     (c) Rules adopted under paragraph (b) are effective upon 
 10.36  publishing in the State Register and may be effective up to 
 11.1   seven days before publishing and filing under paragraph (b), if: 
 11.2      (1) the commissioner of natural resources determines that 
 11.3   an emergency exists; 
 11.4      (2) the attorney general approves the rule; and 
 11.5      (3) for a rule that affects more than three counties the 
 11.6   commissioner publishes the rule once in a legal newspaper 
 11.7   published in Minneapolis, St. Paul, and Duluth, or for a rule 
 11.8   that affects three or fewer counties the commissioner publishes 
 11.9   the rule once in a legal newspaper in each of the affected 
 11.10  counties. 
 11.11     (d) Except as provided in paragraph (e), a rule published 
 11.12  under paragraph (c), clause (3), may not be effective earlier 
 11.13  than seven days after publication. 
 11.14     (e) A rule published under paragraph (c), clause (3), may 
 11.15  be effective the day the rule is published if the commissioner 
 11.16  gives notice and holds a public hearing on the rule within 15 
 11.17  days before publication. 
 11.18     (f) The commissioner shall attempt to notify persons or 
 11.19  groups of persons affected by rules adopted under paragraphs (b) 
 11.20  and (c) by public announcements, posting, and other appropriate 
 11.21  means as determined by the commissioner. 
 11.22     (g) Notwithstanding section 97A.0458, a rule adopted under 
 11.23  this subdivision is effective for the period stated in the 
 11.24  notice but not longer than 18 months after the rule is adopted. 
 11.25     Sec. 22.  Minnesota Statutes 1996, section 92.46, 
 11.26  subdivision 1, is amended to read: 
 11.27     Subdivision 1.  [PUBLIC CAMPGROUNDS.] (a) The director may 
 11.28  designate suitable portions of the state lands withdrawn from 
 11.29  sale and not reserved, as provided in section 92.45, as 
 11.30  permanent state public campgrounds.  The director may have the 
 11.31  land surveyed and platted into lots of convenient size, and 
 11.32  lease them for cottage and camp purposes under terms and 
 11.33  conditions the director prescribes, subject to the provisions of 
 11.34  this section.  
 11.35     (b) A lease may not be for a term more than 20 years.  The 
 11.36  lease may allow renewal, from time to time, for additional terms 
 12.1   of no longer than 20 years each.  The lease may be canceled by 
 12.2   the commissioner 90 days after giving the person leasing the 
 12.3   land written notice of violation of lease conditions.  The lease 
 12.4   rate shall be based on the appraised value of leased land as 
 12.5   determined by the commissioner of natural resources and shall be 
 12.6   adjusted by the commissioner at the fifth, tenth, and 15th 
 12.7   anniversary of the lease, if the appraised value has increased 
 12.8   or decreased.  For leases that are renewed in 1991 and following 
 12.9   years, the lease rate shall be five percent of the appraised 
 12.10  value of the leased land.  The appraised value shall be the 
 12.11  value of the leased land without any private improvements and 
 12.12  must be comparable to similar land without any improvements 
 12.13  within the same county.  The minimum appraised value that the 
 12.14  commissioner assigns to the leased land must be substantially 
 12.15  equal to the county assessor's estimated market value of similar 
 12.16  land adjusted by the assessment/sales ratio as determined by the 
 12.17  department of revenue. 
 12.18     (c) By July 1, 1986, the commissioner of natural resources 
 12.19  shall adopt rules under chapter 14 to establish procedures for 
 12.20  leasing land under this section.  The rules shall be subject to 
 12.21  review and approval by the commissioners of revenue and 
 12.22  administration prior to the initial publication pursuant to 
 12.23  chapter 14 and prior to their final adoption.  The rules must 
 12.24  address at least the following: 
 12.25     (1) method of appraising the property; and 
 12.26     (2) an appeal procedure for both the appraised values and 
 12.27  lease rates. 
 12.28     (d) All money received from these leases must be credited 
 12.29  to the fund to which the proceeds of the land belong.  
 12.30     Notwithstanding section 16A.125 or any other law to the 
 12.31  contrary, 50 percent of the money received from the lease of 
 12.32  permanent school fund lands leased pursuant to this subdivision 
 12.33  must be credited to the lakeshore leasing and sales account in 
 12.34  the permanent school fund and is appropriated for use to survey, 
 12.35  appraise, and pay associated selling and leasing costs of lots 
 12.36  as required in this section and Minnesota Statutes 1992, section 
 13.1   92.67, subdivision 3.  The money may not be used to pay the cost 
 13.2   of surveying lots not scheduled for sale.  Any money designated 
 13.3   for deposit in the permanent school fund that is not needed to 
 13.4   survey, appraise, and pay associated selling and leasing costs 
 13.5   of lots, as required in this section and section 92.67, shall be 
 13.6   deposited in the permanent school fund.  The commissioner shall 
 13.7   add to the appraised value of any lot offered for sale the costs 
 13.8   of surveying, appraising, and selling the lot, and shall first 
 13.9   deposit into the permanent school fund an amount equal to the 
 13.10  costs of surveying, appraising, and selling any lot paid out of 
 13.11  the permanent school fund.  Any remaining money shall be 
 13.12  deposited into any other contributing funds in proportion to the 
 13.13  contribution from each fund.  In no case may the commissioner 
 13.14  add to the appraised value of any lot offered for sale an amount 
 13.15  more than $700 for the costs of surveying and appraising the lot.
 13.16     Sec. 23.  [REPEALER; SECTION 92.46, SUBDIVISION 1, NOTE.] 
 13.17     Laws 1995, chapter 186, section 26, is repealed. 
 13.18     Sec. 24.  [REPEALER; SECTION 103I.235 NOTE.] 
 13.19     Laws 1991, chapter 292, article 2, section 2, is repealed. 
 13.20     Sec. 25.  Minnesota Statutes 1996, section 103I.341, 
 13.21  subdivision 1, is amended to read: 
 13.22     Subdivision 1.  [LIEN FOR SEALING COSTS.] The commissioner 
 13.23  and the board of water and soil resources have a governmental 
 13.24  services lien under section 514.67 for the costs of sealing a 
 13.25  well or boring that the commissioner or board has contracted to 
 13.26  be sealed under section 103I.315, subdivision 2; 103I.331; or 
 13.27  103I.335.  The lien attaches to the real property where the well 
 13.28  or boring is located.  The lien is perfected by filing the lien 
 13.29  with the county recorder or registrar of titles where the well 
 13.30  or boring and the property are located and serving or mailing by 
 13.31  return receipt a copy of the lien to the property owner. 
 13.32     Sec. 26.  Minnesota Statutes 1996, section 103I.535, 
 13.33  subdivision 9, is amended to read: 
 13.34     Subd. 9.  [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 
 13.35  to submit all information required for renewal in subdivision 8 
 13.36  or submits the application and information after the required 
 14.1   renewal date: 
 14.2      (1) the licensee must include an additional late fee set by 
 14.3   the commissioner under section 16A.128 16A.1285; and 
 14.4      (2) the licensee may not conduct activities authorized by 
 14.5   the elevator shaft contractor's license until the renewal 
 14.6   application, renewal application fee, and late fee, and all 
 14.7   other information required in subdivision 8 are submitted. 
 14.8      Sec. 27.  [REPEALER.] 
 14.9      Minnesota Statutes 1996, section 115A.03, subdivision 16, 
 14.10  is repealed. 
 14.11     Sec. 28.  Minnesota Statutes 1996, section 115A.10, is 
 14.12  amended to read: 
 14.13     115A.10 [DUTIES OF THE OFFICE; HAZARDOUS WASTE FACILITIES; 
 14.14  ENCOURAGEMENT OF PRIVATE ENTERPRISE.] 
 14.15     The office and the director on behalf of the office shall 
 14.16  encourage the development and operation of hazardous waste 
 14.17  facilities by private enterprise to the extent practicable and 
 14.18  consistent with the purposes of sections 115A.01 to 115A.72 and 
 14.19  the office's hazardous waste management plan adopted pursuant to 
 14.20  section 115A.11.  In preparing the reports under section 115A.08 
 14.21  and the inventory of processing facility sites under section 
 14.22  115A.09, In adopting the management plan, and in its actions and 
 14.23  decisions under sections 115A.18 to 115A.30 and 115A.32 to 
 14.24  115A.39, the office and the director on behalf of the office 
 14.25  shall solicit the active participation of private waste 
 14.26  management firms and shall so conduct its activities as to 
 14.27  encourage private permit applications for facilities needed in 
 14.28  the state.  The office shall promulgate rules for accepting and 
 14.29  evaluating applications for permits for the construction and 
 14.30  operation of facilities at sites preferred by the office 
 14.31  pursuant to section 115A.09.  The rules shall include standards 
 14.32  and procedures for making determinations on the minimum 
 14.33  qualifications, including technical competence and financial 
 14.34  capability, of permit applicants. 
 14.35     Sec. 29.  Minnesota Statutes 1996, section 115A.11, 
 14.36  subdivision 1b, is amended to read: 
 15.1      Subd. 1b.  [CONTENTS.] The plan must include at least the 
 15.2   elements prescribed in this subdivision.  
 15.3      (a) The plan must estimate the types and quantities of 
 15.4   hazardous waste that will be generated in the state through the 
 15.5   year 2000.  
 15.6      (b) The plan must set out specific and quantifiable 
 15.7   objectives for reducing to the greatest feasible and prudent 
 15.8   extent the need for and use of disposal facilities located 
 15.9   within the state, through waste reduction, pretreatment, 
 15.10  retrievable storage, processing, and resource recovery.  
 15.11     (c) The plan must estimate the minimum disposal capacity 
 15.12  and capability required by generators in the state for use 
 15.13  through the year 2000.  The estimate must be based on the 
 15.14  achievement of the objectives under paragraph (b).  
 15.15     (d) The plan must describe and recommend the implementation 
 15.16  strategies required to assure availability of disposal capacity 
 15.17  for the types and quantities of waste estimated under paragraph 
 15.18  (c) and to achieve the objectives required by paragraph (b).  
 15.19  The recommendations must address at least the following:  the 
 15.20  necessary private and government actions; the types of 
 15.21  facilities and programs required; the availability and use of 
 15.22  specific facilities outside of the state; development schedules 
 15.23  for facilities, services, and rules that should be established 
 15.24  in the state; revenue-raising and financing measures; levels of 
 15.25  public and private effort and expenditure; legal and 
 15.26  institutional changes; and other similar matters.  
 15.27     (e) The plan must provide for the orderly development of 
 15.28  hazardous waste management sites and facilities to protect the 
 15.29  health and safety of rural and urban communities.  In preparing 
 15.30  the plan the office shall consider its impact upon agriculture 
 15.31  and natural resources.  
 15.32     (f) The plan must include methods and procedures that will 
 15.33  encourage the establishment of programs, services, and 
 15.34  facilities that the office recommends for development in the 
 15.35  state for the recycling, reuse, recovery, conversion, treatment, 
 15.36  destruction, transfer, storage, or disposal, including 
 16.1   retrievable storage, of hazardous waste. 
 16.2      The plan must be consistent with the estimate of need and 
 16.3   feasibility analysis prepared under section 115A.24, the 
 16.4   analysis provided in the phase I environmental impact statement 
 16.5   determined to be adequate under section 115A.25, subdivision 1a, 
 16.6   and the decisions made by the office under sections section 
 16.7   115A.28 and 115A.291.  
 16.8      The office may make the implementation of elements of the 
 16.9   plan contingent on actions of the legislature that have been 
 16.10  recommended in the draft plan. 
 16.11     Sec. 30.  Minnesota Statutes 1996, section 115A.12, is 
 16.12  amended to read: 
 16.13     115A.12 [ADVISORY COUNCILS.] 
 16.14     (a) The director shall establish a solid waste management 
 16.15  advisory council, a hazardous waste management planning council, 
 16.16  and a market development coordinating council, that are broadly 
 16.17  representative of the geographic areas and interests of the 
 16.18  state.  
 16.19     (b) The solid waste council shall have not less than nine 
 16.20  nor more than 21 members.  The membership of the solid waste 
 16.21  council shall consist of one-third citizen representatives, 
 16.22  one-third representatives from local government units, and 
 16.23  one-third representatives from private solid waste management 
 16.24  firms.  The solid waste council shall contain at least three 
 16.25  members experienced in the private recycling industry and at 
 16.26  least one member experienced in each of the following areas:  
 16.27  state and municipal finance; solid waste collection, processing, 
 16.28  and disposal; and solid waste reduction and resource recovery. 
 16.29     (c) The hazardous waste council shall have not less than 
 16.30  nine nor more than 18 members.  The membership of the hazardous 
 16.31  waste advisory council shall consist of one-third citizen 
 16.32  representatives, one-third representatives from local government 
 16.33  units, and one-third representatives of hazardous waste 
 16.34  generators and private hazardous waste management firms.  
 16.35     (d) The market development coordinating council shall have 
 16.36  not less than nine nor more than 18 members and shall consist of 
 17.1   one representative from the department of trade and economic 
 17.2   development, the department of administration, the pollution 
 17.3   control agency, Minnesota Technology, Inc., and the legislative 
 17.4   commission on waste management.  The other members shall 
 17.5   represent local government units, private recycling markets, and 
 17.6   private recycling collectors.  The market development 
 17.7   coordinating council expires June 30, 1997. 
 17.8      (e) The chairs of the advisory councils shall be appointed 
 17.9   by the director.  The director shall provide administrative and 
 17.10  staff services for the advisory councils.  The advisory councils 
 17.11  shall have such duties as are assigned by law or the director.  
 17.12  The solid waste advisory council shall make recommendations to 
 17.13  the office on its solid waste management activities.  The 
 17.14  hazardous waste advisory council shall make recommendations to 
 17.15  the office on its activities under sections 115A.08, 115A.09, 
 17.16  115A.10, 115A.11, 115A.20, 115A.21, and 115A.24.  Members of the 
 17.17  advisory councils shall serve without compensation but shall be 
 17.18  reimbursed for their reasonable expenses as determined by the 
 17.19  director.  The solid waste management advisory council and the 
 17.20  hazardous waste management planning council expire June 30, 1997.
 17.21     Sec. 31.  Minnesota Statutes 1996, section 115A.9651, 
 17.22  subdivision 1, is amended to read: 
 17.23     Subdivision 1.  [PROHIBITION.] (a) Except as provided 
 17.24  in paragraphs paragraph (d) and (e), no person may distribute 
 17.25  for sale or use in this state any ink, dye, pigment, paint, or 
 17.26  fungicide manufactured after September 1, 1994, into which lead, 
 17.27  cadmium, mercury, or hexavalent chromium has been intentionally 
 17.28  introduced.  
 17.29     (b) For the purposes of this subdivision, "intentionally 
 17.30  introduce" means to deliberately use a metal listed in paragraph 
 17.31  (a) as an element during manufacture or distribution of an item 
 17.32  listed in paragraph (a).  Intentional introduction does not 
 17.33  include the incidental presence of any of the prohibited 
 17.34  elements. 
 17.35     (c) The concentration of a listed metal in an item listed 
 17.36  in paragraph (a) may not exceed 100 parts per million. 
 18.1      (d) The prohibition on the use of lead in substances 
 18.2   utilized in marking road, street, highway, and bridge pavements 
 18.3   does not take effect until July 1, 1998. 
 18.4      (e) The use of lead in substances utilized in marking road, 
 18.5   street, highway, and bridge pavements is exempt from this 
 18.6   subdivision until July 1, 1998. 
 18.7      Sec. 32.  Minnesota Statutes 1996, section 115B.20, 
 18.8   subdivision 1, is amended to read: 
 18.9      Subdivision 1.  [ESTABLISHMENT.] (a) The environmental 
 18.10  response, compensation, and compliance account is in the 
 18.11  environmental fund in the state treasury and may be spent only 
 18.12  for the purposes provided in subdivision 2.  
 18.13     (b) The commissioner of finance shall administer a response 
 18.14  account for the agency and the commissioner of agriculture to 
 18.15  take removal, response, and other actions authorized under 
 18.16  subdivision 2, clauses (1) to (4) and (11) (10) to (13) (12).  
 18.17  The commissioner of finance shall transfer money from the 
 18.18  response account to the agency and the commissioner of 
 18.19  agriculture to take actions required under subdivision 2, 
 18.20  clauses (1) to (4) and (11) (10) to (13) (12).  
 18.21     (c) The commissioner of finance shall administer the 
 18.22  account in a manner that allows the commissioner of agriculture 
 18.23  and the agency to utilize the money in the account to implement 
 18.24  their removal and remedial action duties as effectively as 
 18.25  possible. 
 18.26     (d) Amounts appropriated to the commissioner of finance 
 18.27  under this subdivision shall not be included in the department 
 18.28  of finance budget but shall be included in the pollution control 
 18.29  agency and department of agriculture budgets. 
 18.30     (e) All money recovered by the state under section 115B.04 
 18.31  or any other law for injury to, destruction of, or loss of 
 18.32  natural resources resulting from the release of a hazardous 
 18.33  substance, or a pollutant or contaminant, must be credited to 
 18.34  the environmental response, compensation, and compliance account 
 18.35  in the environmental fund and is appropriated to the 
 18.36  commissioner of natural resources for purposes of subdivision 2, 
 19.1   clause (6), consistent with any applicable term of judgments, 
 19.2   consent decrees, consent orders, or other administrative actions 
 19.3   requiring payments to the state for such purposes.  Before 
 19.4   making an expenditure of money appropriated under this 
 19.5   paragraph, the commissioner of natural resources shall provide 
 19.6   written notice of the proposed expenditure to the chairs of the 
 19.7   senate committee on finance, the house of representatives 
 19.8   committee on ways and means, the finance division of the senate 
 19.9   committee on environment and natural resources, and the house of 
 19.10  representatives committee on environment and natural resources 
 19.11  finance. 
 19.12     Sec. 33.  Minnesota Statutes 1996, section 115B.20, 
 19.13  subdivision 2, is amended to read: 
 19.14     Subd. 2.  [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject 
 19.15  to appropriation by the legislature the money in the account may 
 19.16  be spent for any of the following purposes:  
 19.17     (1) preparation by the agency and the commissioner of 
 19.18  agriculture for taking removal or remedial action under section 
 19.19  115B.17, or under chapter 18D, including investigation, 
 19.20  monitoring and testing activities, enforcement and compliance 
 19.21  efforts relating to the release of hazardous substances, 
 19.22  pollutants or contaminants under section 115B.17 or 115B.18, or 
 19.23  chapter 18D; 
 19.24     (2) removal and remedial actions taken or authorized by the 
 19.25  agency or the commissioner of the pollution control agency under 
 19.26  section 115B.17, or taken or authorized by the commissioner of 
 19.27  agriculture under chapter 18D including related enforcement and 
 19.28  compliance efforts under section 115B.17 or 115B.18, or chapter 
 19.29  18D, and payment of the state share of the cost of remedial 
 19.30  action which may be carried out under a cooperative agreement 
 19.31  with the federal government pursuant to the Federal Superfund 
 19.32  Act, under United States Code, title 42, section 9604(c)(3) for 
 19.33  actions related to facilities other than commercial hazardous 
 19.34  waste facilities located under the siting authority of chapter 
 19.35  115A; 
 19.36     (3) reimbursement to any private person for expenditures 
 20.1   made before July 1, 1983, to provide alternative water supplies 
 20.2   deemed necessary by the agency or the commissioner of 
 20.3   agriculture and the department of health to protect the public 
 20.4   health from contamination resulting from the release of a 
 20.5   hazardous substance; 
 20.6      (4) removal and remedial actions taken or authorized by the 
 20.7   agency or the commissioner of agriculture or the pollution 
 20.8   control agency under section 115B.17, or chapter 18D, including 
 20.9   related enforcement and compliance efforts under section 115B.17 
 20.10  or 115B.18, or chapter 18D, and payment of the state share of 
 20.11  the cost of remedial action which may be carried out under a 
 20.12  cooperative agreement with the federal government pursuant to 
 20.13  the Federal Superfund Act, under United States Code, title 42, 
 20.14  section 9604(c)(3) for actions related to commercial hazardous 
 20.15  waste facilities located under the siting authority of chapter 
 20.16  115A; 
 20.17     (5) compensation as provided by law, after submission by 
 20.18  the office of environmental assistance of the report required 
 20.19  under section 115A.08, subdivision 5, to mitigate any adverse 
 20.20  impact of the location of commercial hazardous waste processing 
 20.21  or disposal facilities located pursuant to the siting authority 
 20.22  of chapter 115A; 
 20.23     (6) planning and implementation by the commissioner of 
 20.24  natural resources of the rehabilitation, restoration, or 
 20.25  acquisition of natural resources to remedy injuries or losses to 
 20.26  natural resources resulting from the release of a hazardous 
 20.27  substance; 
 20.28     (7) (6) inspection, monitoring, and compliance efforts by 
 20.29  the agency, or by political subdivisions with agency approval, 
 20.30  of commercial hazardous waste facilities located under the 
 20.31  siting authority of chapter 115A; 
 20.32     (8) (7) grants by the agency or the office of environmental 
 20.33  assistance to demonstrate alternatives to land disposal of 
 20.34  hazardous waste including reduction, separation, pretreatment, 
 20.35  processing and resource recovery, for education of persons 
 20.36  involved in regulating and handling hazardous waste; 
 21.1      (9) (8) intervention and environmental mediation by the 
 21.2   legislative commission on waste management under chapter 115A; 
 21.3   and 
 21.4      (10) (9) grants by the agency to study the extent of 
 21.5   contamination and feasibility of cleanup of hazardous substances 
 21.6   and pollutants or contaminants in major waterways of the state; 
 21.7      (11) (10) acquisition of a property interest under section 
 21.8   115B.17, subdivision 15; 
 21.9      (12) (11) reimbursement, in an amount to be determined by 
 21.10  the agency in each case, to a political subdivision that is not 
 21.11  a responsible person under section 115B.03, for reasonable and 
 21.12  necessary expenditures resulting from an emergency caused by a 
 21.13  release or threatened release of a hazardous substance, 
 21.14  pollutant, or contaminant; and 
 21.15     (13) (12) reimbursement to a political subdivision for 
 21.16  expenditures in excess of the liability limit under section 
 21.17  115B.04, subdivision 4. 
 21.18     Sec. 34.  Minnesota Statutes 1996, section 115B.39, 
 21.19  subdivision 2, is amended to read: 
 21.20     Subd. 2.  [DEFINITIONS.] (a) In addition to the definitions 
 21.21  in this subdivision, the definitions in sections 115A.03 and 
 21.22  115B.02 apply to sections 115B.39 to 115B.46 115B.445, except as 
 21.23  specifically modified in this subdivision. 
 21.24     (b) "Cleanup order" means a consent order between 
 21.25  responsible persons and the agency or an order issued by the 
 21.26  United States Environmental Protection Agency under section 106 
 21.27  of the federal Superfund Act. 
 21.28     (c) "Closure" means actions to prevent or minimize the 
 21.29  threat to public health and the environment posed by a mixed 
 21.30  municipal solid waste disposal facility that has stopped 
 21.31  accepting waste by controlling the sources of releases or 
 21.32  threatened releases at the facility.  "Closure" includes 
 21.33  removing contaminated equipment and liners; applying final 
 21.34  cover; grading and seeding final cover; installing wells, 
 21.35  borings, and other monitoring devices; constructing groundwater 
 21.36  and surface water diversion structures; and installing gas 
 22.1   control systems and site security systems, as necessary.  The 
 22.2   commissioner may authorize use of final cover that includes 
 22.3   processed materials that meet the requirements in Code of 
 22.4   Federal Regulations, title 40, section 503.32, paragraph (a). 
 22.5      (d) "Contingency action" means organized, planned, or 
 22.6   coordinated courses of action to be followed in case of fire, 
 22.7   explosion, or release of solid waste, waste by-products, or 
 22.8   leachate that could threaten human health or the environment. 
 22.9      (e) "Corrective action" means steps taken to repair 
 22.10  facility structures including liners, monitoring wells, 
 22.11  separation equipment, covers, and aeration devices and to bring 
 22.12  the facility into compliance with design, construction, 
 22.13  groundwater, surface water, and air emission standards. 
 22.14     (f) "Decomposition gases" means gases produced by chemical 
 22.15  or microbial activity during the decomposition of solid waste. 
 22.16     (g) "Environmental response action" means response action 
 22.17  at a qualified facility, including corrective action, closure, 
 22.18  postclosure care; contingency action; environmental studies, 
 22.19  including remedial investigations and feasibility studies; 
 22.20  engineering, including remedial design; removal; remedial 
 22.21  action; site construction; and other similar cleanup-related 
 22.22  activities.  
 22.23     (h) "Environmental response costs" means: 
 22.24     (1) costs of environmental response action, not including 
 22.25  legal or administrative expenses; and 
 22.26     (2) costs required to be paid to the federal government 
 22.27  under section 107(a) of the federal Superfund Act, as amended. 
 22.28     (i) "Postclosure" or "postclosure care" means actions taken 
 22.29  for the care, maintenance, and monitoring of closure actions at 
 22.30  a mixed municipal solid waste disposal facility. 
 22.31     (j) "Qualified facility" means a mixed municipal solid 
 22.32  waste disposal facility, including adjacent property used for 
 22.33  solid waste disposal, that: 
 22.34     (1) is or was permitted by the agency; 
 22.35     (2) stopped accepting solid waste, except demolition 
 22.36  debris, for disposal by April 9, 1994; and 
 23.1      (3) stopped accepting demolition debris for disposal by 
 23.2   June 1, 1994, except that demolition debris may be accepted 
 23.3   until May 1, 1995, at a permitted area where disposal of 
 23.4   demolition debris is allowed, if the area where the demolition 
 23.5   debris is deposited is at least 50 feet from the fill boundary 
 23.6   of the area where mixed municipal solid waste was deposited. 
 23.7      Sec. 35.  Minnesota Statutes 1996, section 115B.412, 
 23.8   subdivision 5, is amended to read: 
 23.9      Subd. 5.  [ENVIRONMENTAL LIEN.] An environmental lien for 
 23.10  environmental response costs incurred, including reimbursements 
 23.11  made under section 115B.43, by the commissioner under sections 
 23.12  115B.39 to 115B.46 115B.445 attaches in the same manner as a 
 23.13  lien under sections 514.671 to 514.676 to all the real property 
 23.14  described in the original and any revised permits for a 
 23.15  qualified facility and any adjacent property owned by the 
 23.16  facility owner or operator from the date the first assessment, 
 23.17  closure, postclosure care, or response activities related to the 
 23.18  facility are undertaken by the commissioner.  For the purposes 
 23.19  of filing an environmental lien under this subdivision, the term 
 23.20  "cleanup action" as used in sections 514.671 to 514.676 includes 
 23.21  all of the costs incurred by the commissioner to assess, close, 
 23.22  maintain, monitor, and respond to releases at qualified 
 23.23  facilities under sections 115B.39 to 115B.46 115B.445.  
 23.24  Notwithstanding section 514.672, subdivision 4, a lien under 
 23.25  this paragraph takes precedence over all other liens on the 
 23.26  property regardless of when the other liens were or are 
 23.27  perfected.  For the purpose of this subdivision, "owner or 
 23.28  operator" has the meaning given it in section 115B.41, 
 23.29  subdivision 4. 
 23.30     Sec. 36.  Minnesota Statutes 1996, section 115B.42, 
 23.31  subdivision 2, is amended to read: 
 23.32     Subd. 2.  [EXPENDITURES.] (a) Money in the fund may be 
 23.33  spent by the commissioner to: 
 23.34     (1) inspect permitted mixed municipal solid waste disposal 
 23.35  facilities to: 
 23.36     (i) evaluate the adequacy of final cover, slopes, 
 24.1   vegetation, and erosion control; 
 24.2      (ii) determine the presence and concentration of hazardous 
 24.3   substances, pollutants or contaminants, and decomposition gases; 
 24.4   and 
 24.5      (iii) determine the boundaries of fill areas; 
 24.6      (2) monitor and take, or reimburse others for, 
 24.7   environmental response actions, including emergency response 
 24.8   actions, at qualified facilities; 
 24.9      (3) acquire and dispose of property under section 115B.412, 
 24.10  subdivision 3; 
 24.11     (4) recover costs under sections section 115B.39 and 
 24.12  115B.46; 
 24.13     (5) administer, including providing staff and 
 24.14  administrative support for, sections 115B.39 to 115B.46 
 24.15  115B.445; 
 24.16     (6) enforce sections 115B.39 to 115B.46 115B.445; 
 24.17     (7) subject to appropriation, administer the agency's 
 24.18  groundwater and solid waste management programs; 
 24.19     (8) reimburse persons under section 115B.43; and 
 24.20     (9) reimburse mediation expenses up to a total of $250,000 
 24.21  annually or defense costs up to a total of $250,000 annually for 
 24.22  third-party claims for response costs under state or federal law 
 24.23  as provided in section 115B.414. 
 24.24     Sec. 37.  Minnesota Statutes 1996, section 116.07, 
 24.25  subdivision 4b, is amended to read: 
 24.26     Subd. 4b.  [PERMITS; HAZARDOUS WASTE FACILITIES.] (a) The 
 24.27  agency shall provide to the office of environmental assistance 
 24.28  established in section 115A.055, copies of each permit 
 24.29  application for a hazardous waste facility immediately upon its 
 24.30  submittal to the agency.  The agency shall request 
 24.31  recommendations on each permit application from the office and 
 24.32  shall consult with the office on the agency's intended 
 24.33  disposition of the recommendations.  Except as otherwise 
 24.34  provided in sections 115A.18 to 115A.30, the agency shall 
 24.35  commence any environmental review required under chapter 116D 
 24.36  within 120 days of its acceptance of a completed permit 
 25.1   application.  The agency shall respond to a permit application 
 25.2   for a hazardous waste facility within 120 days following a 
 25.3   decision not to prepare environmental documents or following the 
 25.4   acceptance of a negative declaration notice or an environmental 
 25.5   impact statement.  Except as otherwise provided in sections 
 25.6   115A.18 to 115A.30, within 60 days following the submission of a 
 25.7   final permit application for a hazardous waste facility, unless 
 25.8   a time extension is agreed to by the applicant, the agency shall 
 25.9   issue or deny all permits needed for the construction of the 
 25.10  proposed facility.  
 25.11     (b) The agency shall promulgate rules pursuant to chapter 
 25.12  14 for all hazardous waste facilities.  After the report of the 
 25.13  office of environmental assistance required by section 115A.08, 
 25.14  subdivision 5a, has been submitted to the legislature, the 
 25.15  agency shall review its rules for hazardous waste facilities and 
 25.16  shall consider whether any of the rules should be modified or if 
 25.17  new rules should be adopted based on the recommendations in the 
 25.18  report.  The rules shall require:  
 25.19     (1) contingency plans for all hazardous waste facilities 
 25.20  which provide for effective containment and control in any 
 25.21  emergency condition; 
 25.22     (2) the establishment of a mechanism to assure that money 
 25.23  to cover the costs of closure and postclosure monitoring and 
 25.24  maintenance of hazardous waste facilities will be available; 
 25.25     (3) the maintenance of liability insurance by the owner or 
 25.26  operator of hazardous waste facilities during the operating life 
 25.27  of the facility. 
 25.28     Sec. 38.  Minnesota Statutes 1996, section 116.07, 
 25.29  subdivision 10, is amended to read: 
 25.30     Subd. 10.  [SOLID WASTE GENERATOR ASSESSMENTS.] (a) For the 
 25.31  purposes of this subdivision: 
 25.32     (1) "assessed waste" means mixed municipal solid waste as 
 25.33  defined in section 115A.03, subdivision 21, infectious waste as 
 25.34  defined in section 116.76, subdivision 12, pathological waste as 
 25.35  defined in section 116.76, subdivision 14, industrial waste as 
 25.36  defined in section 115A.03, subdivision 13a, and construction 
 26.1   debris as defined in section 115A.03, subdivision 7; provided 
 26.2   that all types of assessed waste listed in this clause do not 
 26.3   include: 
 26.4      (i) materials that are separated for recycling by the 
 26.5   generator and that are collected separately from other waste and 
 26.6   delivered to a waste facility for the purpose of recycling and 
 26.7   recycled; 
 26.8      (ii) materials that are separated for recycling by the 
 26.9   generator, collected and delivered to a waste facility that 
 26.10  recycles at least 85 percent of its waste, and are collected 
 26.11  with mixed municipal solid waste that is segregated in leakproof 
 26.12  bags, provided that the mixed municipal solid waste does not 
 26.13  exceed five percent of the total weight of the materials 
 26.14  delivered to the facility and is ultimately delivered to a 
 26.15  facility designated under sections 115A.80 to 115A.893; and 
 26.16     (iii) waste generated outside of Minnesota; 
 26.17     (2) "noncompacted cubic yard" means a loose cubic yard of 
 26.18  assessed waste; 
 26.19     (3) "nonresidential customer" means: 
 26.20     (i) an owner or operator of a business, including a home 
 26.21  operated business, industry, church, nursing home, nonprofit 
 26.22  organization, school, or any other commercial or institutional 
 26.23  enterprise; 
 26.24     (ii) an owner of a building or site containing multiple 
 26.25  residences, including a townhome or manufactured home park, 
 26.26  where no resident has separate trash pickup, and no resident is 
 26.27  separately assessed for such service; and 
 26.28     (iii) any other generator of assessed waste that is not a 
 26.29  residential customer as defined in clause (6); 
 26.30     (4) "periodic waste collection" means each time a waste 
 26.31  container is emptied by the person that collects the assessed 
 26.32  waste; 
 26.33     (5) "person that collects assessed waste" means each person 
 26.34  that is required to pay sales tax on solid waste collection 
 26.35  services under section 297A.45, or would pay sales tax under 
 26.36  that section if the assessed waste was mixed municipal solid 
 27.1   waste; and 
 27.2      (6) "residential customer" means: 
 27.3      (i) a detached single family residence that generates only 
 27.4   household mixed municipal solid waste; and 
 27.5      (ii) a person residing in a building or at a site 
 27.6   containing multiple residences, including a townhome or a 
 27.7   manufactured home park, where each resident either (A) is 
 27.8   separately assessed for waste collection or (B) has separate 
 27.9   waste collection for each resident, even if the resident pays to 
 27.10  the owner or an association a monthly maintenance fee which 
 27.11  includes the expense of waste collection, and the owner or 
 27.12  association pays the waste collector for waste collection in one 
 27.13  lump sum. 
 27.14     (b) A person that collects assessed waste shall collect and 
 27.15  remit to the commissioner of revenue a solid waste generator 
 27.16  assessment from each of the person's customers as provided in 
 27.17  paragraphs (c) and (d).  A waste management facility that 
 27.18  accepts assessed waste shall collect and remit to the 
 27.19  commissioner of revenue the solid waste assessment as provided 
 27.20  in paragraph (e). 
 27.21     (c) Except as provided in paragraph (f), the amount of the 
 27.22  assessment for each residential customer is $2 per year.  Each 
 27.23  person that collects assessed waste shall collect the assessment 
 27.24  annually from each residential customer that is receiving mixed 
 27.25  municipal solid waste collection service on July 1 of each year 
 27.26  and shall remit the amount actually collected along with the 
 27.27  person's first remittance of the sales tax on solid waste 
 27.28  collection services, described in section 297A.45, made after 
 27.29  October 1 of each year.  For buildings or sites that contain 
 27.30  multiple residences that are not separately billed for 
 27.31  collection services, the person who collects assessed waste 
 27.32  shall collect the assessment for all the residences from the 
 27.33  person who is billed for the collection service.  Any amount of 
 27.34  the assessment that is received by the person that collects 
 27.35  assessed waste after October 1 of each year must be remitted 
 27.36  along with the person's next remittance of sales tax after 
 28.1   receipt of the assessment. 
 28.2      (d)(1) Except as provided in clause (2), the amount of the 
 28.3   assessment for each nonresidential customer is 60 cents per 
 28.4   noncompacted cubic yard of periodic waste collection capacity 
 28.5   purchased by the customer, based on the size of the container 
 28.6   for the assessed waste.  For a residential customer that 
 28.7   generates assessed waste that is not mixed municipal solid 
 28.8   waste, the amount of the assessment is 60 cents per noncompacted 
 28.9   cubic yard of collection capacity purchased for the waste that 
 28.10  is not mixed municipal solid waste, based on the size of the 
 28.11  container for the waste.  If the capacity purchased is for 
 28.12  compacted cubic yards of mixed municipal solid waste, the 
 28.13  noncompacted capacity purchased is based on the compaction ratio 
 28.14  of 3:1.  The commissioner of revenue, after consultation with 
 28.15  the commissioner of the pollution control agency, shall 
 28.16  determine, and may publish by notice, compaction rates for other 
 28.17  types of waste where they exist and conversion schedules for 
 28.18  waste that is managed by measurements other than cubic yards.  
 28.19  Each person that collects assessed waste shall collect the 
 28.20  assessment from each nonresidential customer as part of each 
 28.21  statement for payment of waste collection charges and shall 
 28.22  remit the amount actually collected along with the next 
 28.23  remittance of sales tax after receipt of the assessment. 
 28.24     (2) The assessment for nonresidential customers for the 
 28.25  mixed municipal solid waste that is collected with 
 28.26  source-separated recyclable materials as described in paragraph 
 28.27  (a), clause (1), item (ii), is three-tenths of a cent per 
 28.28  gallon.  The customer must pay by purchasing specific collection 
 28.29  bags or stickers that include the cost of the collection service 
 28.30  and assessment. 
 28.31     (e) A person who transports assessed waste generated by 
 28.32  that person or by another person without compensation shall pay 
 28.33  an assessment of 60 cents per noncompacted cubic yard or the 
 28.34  equivalent to the operator of the waste management facility to 
 28.35  which the waste is delivered.  The operator shall remit the 
 28.36  assessments actually collected under this paragraph to the 
 29.1   commissioner of revenue.  This subdivision does not apply to a 
 29.2   person who transports industrial waste generated by that person 
 29.3   to a facility owned and operated by that person. 
 29.4      (f) The amount of the assessment for each residential 
 29.5   customer that is subject to a mixed municipal solid waste 
 29.6   collection service for which the customer pays, based on the 
 29.7   volume of waste collected, by purchasing specific collection 
 29.8   bags or stickers from the waste collector, municipality, or 
 29.9   other vendor is either: 
 29.10     (1) determined by a method developed by the waste collector 
 29.11  or municipality and approved by the commissioner of revenue, 
 29.12  which yields the equivalent of approximately a $2 annual 
 29.13  assessment per household; or 
 29.14     (2) three cents per each 35 gallon unit or less.  If the 
 29.15  per unit fee method under this clause is used, it is the 
 29.16  responsibility of the waste collector or the municipality who is 
 29.17  selling the bags or stickers to remit the amount of the 
 29.18  assessment to the department of revenue, according to a payment 
 29.19  schedule provided by the commissioner of revenue.  The 
 29.20  collection service and assessment under this clause shall be 
 29.21  included in the price of the bag or sticker.  
 29.22     (g) The commissioner of revenue shall redesign sales tax 
 29.23  forms for persons that collect assessed waste to accommodate 
 29.24  payment of the assessment.  The amounts remitted under this 
 29.25  subdivision must be deposited in the state treasury and credited 
 29.26  to the solid waste fund established in section 115B.42. 
 29.27     (h) For persons that collect assessed waste and operators 
 29.28  of waste management facilities who are required to collect the 
 29.29  solid waste generator assessments under this subdivision, and 
 29.30  persons who are required to remit the assessment under paragraph 
 29.31  (f), and who do not collect and remit the sales tax on solid 
 29.32  waste collection services under section 297A.45, the 
 29.33  commissioner of revenue shall determine when and in what manner 
 29.34  the persons and operators must remit the assessment amounts 
 29.35  actually collected. 
 29.36     (i) For the purposes of this subdivision, the requirement 
 30.1   to "collect" the solid waste generator assessment under 
 30.2   paragraph (b) means that the person to whom the requirement 
 30.3   applies shall: 
 30.4      (i) include the amount of the assessment in the appropriate 
 30.5   statement of charges for waste collection services and in any 
 30.6   action to enforce payment on delinquent accounts; 
 30.7      (ii) accurately account for assessments received; 
 30.8      (iii) indicate to generators that payment of the assessment 
 30.9   by the waste generator is required by law and inform generators, 
 30.10  using information supplied by the commissioner of the agency, of 
 30.11  the purposes for which revenue from the assessment will be 
 30.12  spent; and 
 30.13     (iv) cooperate fully with the commissioner of revenue to 
 30.14  identify generators of assessed waste who fail to remit payment 
 30.15  of the assessment. 
 30.16     (j) The audit, penalty, enforcement, and administrative 
 30.17  provisions applicable to taxes imposed under chapter 297A apply 
 30.18  to the assessments imposed under this subdivision. 
 30.19     (k) If less than $25,000,000 is projected to be available 
 30.20  for new encumbrances in any fiscal year after fiscal year 1996 
 30.21  from all existing dedicated revenue sources for landfill cleanup 
 30.22  and reimbursement costs under sections 115B.39 to 115B.46 
 30.23  115B.445, by April 1 before the next fiscal year in which the 
 30.24  shortfall is projected the commissioner of the agency shall 
 30.25  certify to the commissioner of revenue the amount of the 
 30.26  shortfall.  To provide for the shortfall, the commissioner of 
 30.27  revenue shall increase the assessment under paragraphs (d) and 
 30.28  (e) by an amount sufficient to generate revenue equal to the 
 30.29  amount of the shortfall effective the following July 1 and shall 
 30.30  provide notice of the increased assessment by May 1 following 
 30.31  certification to persons who are required to collect and remit 
 30.32  the solid waste generator assessments under this subdivision. 
 30.33     Sec. 39.  Minnesota Statutes 1996, section 116C.91, 
 30.34  subdivision 1, is amended to read: 
 30.35     Subdivision 1.  [SCOPE.] As used in sections 116C.91 to 
 30.36  116C.98 116C.97, the terms defined in this section have the 
 31.1   meanings given them. 
 31.2      Sec. 40.  Minnesota Statutes 1996, section 116J.75, 
 31.3   subdivision 1, is amended to read: 
 31.4      Subdivision 1.  [APPOINTMENT OF DIRECTOR.] The head of the 
 31.5   bureau shall be the director of business licenses.  The director 
 31.6   shall be appointed by the commissioner in accordance with 
 31.7   section 216C.23 116J.01, and shall be in the classified service. 
 31.8      Sec. 41.  [REPEALER; SECTION 116J.975.] 
 31.9      Minnesota Statutes 1996, section 116J.975, is repealed. 
 31.10     Sec. 42.  [REPEALER; SECTION 118.01, SUBDIVISION 1, NOTE.] 
 31.11     Laws 1996, chapter 414, article 1, section 30, is repealed. 
 31.12     Sec. 43.  Minnesota Statutes 1996, section 119A.04, 
 31.13  subdivision 5, is amended to read: 
 31.14     Subd. 5.  [DEPARTMENT OF PUBLIC SAFETY.] The powers and 
 31.15  duties with respect to the following program is transferred to 
 31.16  the department of children, families, and learning under section 
 31.17  15.039:  drug policy and violence prevention and the community 
 31.18  advisory violence prevention councils under sections 119A.25 to 
 31.19  119A.35 119A.33 and 119A.36 119A.34. 
 31.20     Sec. 44.  Minnesota Statutes 1996, section 120.062, 
 31.21  subdivision 12, is amended to read: 
 31.22     Subd. 12.  [GENERAL EDUCATION AID.] Adjustments to general 
 31.23  education aid, capital expenditure facilities aid, and equipment 
 31.24  aid for the resident and nonresident districts shall be made 
 31.25  according to sections section 124A.036, subdivision 5, and 
 31.26  124.245, subdivision 6, respectively. 
 31.27     Sec. 45.  Minnesota Statutes 1996, section 120.075, 
 31.28  subdivision 5, is amended to read: 
 31.29     Subd. 5.  General education aid, capital expenditure 
 31.30  facilities aid, capital expenditure equipment aid, and 
 31.31  transportation aid attributable to pupils covered by programs 
 31.32  under this section must be paid according to sections 124A.036, 
 31.33  subdivision 5, 124.245, subdivision 6, and 124.225, subdivision 
 31.34  8l. 
 31.35     Sec. 46.  Minnesota Statutes 1996, section 120.0751, 
 31.36  subdivision 6, is amended to read: 
 32.1      Subd. 6.  [AID.] General education aid, capital expenditure 
 32.2   facilities aid, capital expenditure equipment aid, and 
 32.3   transportation aid for pupils covered by programs under this 
 32.4   section must be paid according to sections 124A.036, subdivision 
 32.5   5, 124.245, subdivision 6, and 124.225, subdivision 8l. 
 32.6      Sec. 47.  Minnesota Statutes 1996, section 120.0752, 
 32.7   subdivision 4, is amended to read: 
 32.8      Subd. 4.  General education aid, capital expenditure 
 32.9   facilities aid, capital expenditure equipment aid, and 
 32.10  transportation aid for pupils covered by programs under this 
 32.11  section must be paid according to sections 124A.036, subdivision 
 32.12  5, 124.245, subdivision 6, and 124.225, subdivision 8l. 
 32.13     Sec. 48.  Minnesota Statutes 1996, section 121.15, 
 32.14  subdivision 1, is amended to read: 
 32.15     Subdivision 1.  [CONSULTATION.] A school district shall 
 32.16  consult with the commissioner of children, families, and 
 32.17  learning before developing any plans and specifications to 
 32.18  construct, remodel, or improve the building or site of an 
 32.19  educational facility for which the estimated cost exceeds 
 32.20  $100,000.  This consultation shall occur before a referendum for 
 32.21  bonds, solicitation for bids, or use of capital expenditure 
 32.22  facilities revenue according to section 124.243 124A.22, 
 32.23  subdivision 6 11, clause (2).  The commissioner may require the 
 32.24  district to participate in a management assistance plan before 
 32.25  conducting a review and comment on the project. 
 32.26     Sec. 49.  Minnesota Statutes 1996, section 121.912, 
 32.27  subdivision 1, is amended to read: 
 32.28     Subdivision 1.  [LIMITATIONS.] Except as provided in this 
 32.29  subdivision, sections 121.9121, 123.36, 124.243, 475.61, and 
 32.30  475.65, a school district may not permanently transfer money 
 32.31  from (1) an operating fund to a nonoperating fund; (2) a 
 32.32  nonoperating fund to another nonoperating fund; or (3) a 
 32.33  nonoperating fund to an operating fund.  Permanent transfers may 
 32.34  be made from any fund to any other fund to correct for prior 
 32.35  fiscal years' errors discovered after the books have been closed 
 32.36  for that year.  Permanent transfers may be made from the general 
 33.1   fund to any other operating funds according to section 123.7045 
 33.2   or if the resources of the other fund are not adequate to 
 33.3   finance approved expenditures from that other fund.  Permanent 
 33.4   transfers may also be made from the general fund to eliminate 
 33.5   deficits in another fund when that other fund is being 
 33.6   discontinued.  When a district discontinues operation of a 
 33.7   district-owned bus fleet or a substantial portion of a fleet, 
 33.8   the balance shall cancel to the district's general fund. 
 33.9      Sec. 50.  Minnesota Statutes 1996, section 124.155, 
 33.10  subdivision 2, is amended to read: 
 33.11     Subd. 2.  [ADJUSTMENT TO AIDS.] (a) The amount specified in 
 33.12  subdivision 1 shall be used to adjust the following state aids 
 33.13  and credits in the order listed: 
 33.14     (1) general education aid authorized in sections section 
 33.15  124A.23 and 124B.20; 
 33.16     (2) secondary vocational aid authorized in section 124.573; 
 33.17     (3) special education aid authorized in sections 
 33.18  124.32, and 124.3201, and 124.3202; 
 33.19     (4) secondary vocational aid for children with a disability 
 33.20  authorized in section 124.574; 
 33.21     (5) aid for pupils of limited English proficiency 
 33.22  authorized in section 124.273; 
 33.23     (6) transportation aid authorized in section 124.225; 
 33.24     (7) community education programs aid authorized in section 
 33.25  124.2713; 
 33.26     (8) adult education aid authorized in section 124.26; 
 33.27     (9) early childhood family education aid authorized in 
 33.28  section 124.2711; 
 33.29     (10) capital expenditure aid authorized in sections 
 33.30  124.243, 124.244, and section 124.83; 
 33.31     (11) school district cooperation aid authorized in section 
 33.32  124.2727; 
 33.33     (12) assurance of mastery aid according to section 124.311; 
 33.34     (13) homestead and agricultural credit aid, disparity 
 33.35  credit and aid, and changes to credits for prior year 
 33.36  adjustments according to section 273.1398, subdivisions 2, 3, 4, 
 34.1   and 7; 
 34.2      (14) attached machinery aid authorized in section 273.138, 
 34.3   subdivision 3; 
 34.4      (15) alternative delivery aid authorized in section 
 34.5   124.322; 
 34.6      (16) special education equalization aid authorized in 
 34.7   section 124.321; 
 34.8      (17) special education excess cost aid authorized in 
 34.9   section 124.323; 
 34.10     (18) learning readiness aid authorized in section 124.2615; 
 34.11  and 
 34.12     (19) cooperation-combination aid authorized in section 
 34.13  124.2725. 
 34.14     (b) The commissioner of children, families, and learning 
 34.15  shall schedule the timing of the adjustments to state aids and 
 34.16  credits specified in subdivision 1, as close to the end of the 
 34.17  fiscal year as possible. 
 34.18     Sec. 51.  [REPEALER; SECTION 124.2442.] 
 34.19     Minnesota Statutes 1996, section 124.2442, is repealed. 
 34.20     Sec. 52.  [REPEALER; SECTION 124.245.] 
 34.21     Minnesota Statutes 1996, section 124.245, is repealed. 
 34.22     Sec. 53.  Minnesota Statutes 1996, section 124.248, 
 34.23  subdivision 3, is amended to read: 
 34.24     Subd. 3.  [SPECIAL EDUCATION AND LIMITED ENGLISH 
 34.25  PROFICIENCY AID.] Special education aid shall be paid to a 
 34.26  charter school according to sections section 124.3201 and 
 34.27  124.3202, as though it were a school district.  The charter 
 34.28  school may charge tuition to the district of residence as 
 34.29  provided in section 120.17, subdivision 4.  Limited English 
 34.30  proficiency programs aid shall be paid to a charter school 
 34.31  according to section 124.273 as though it were a school 
 34.32  district.  The charter school shall allocate its special 
 34.33  education levy equalization revenue to the resident districts of 
 34.34  the pupils attending the charter school.  The districts of 
 34.35  residence shall levy as though they were participating in a 
 34.36  cooperative, as provided in section 124.321, subdivision 3. 
 35.1      Sec. 54.  Minnesota Statutes 1996, section 124.2725, 
 35.2   subdivision 11, is amended to read: 
 35.3      Subd. 11.  [USE OF REVENUE.] Revenue under this section 
 35.4   shall be used for expenses of cooperating and combining school 
 35.5   districts, including, but not limited to: 
 35.6      (1) secondary course offerings in communications, 
 35.7   mathematics, science, social studies, foreign languages, 
 35.8   physical education, health, and career education if the courses 
 35.9   have specific learner outcomes; 
 35.10     (2) participation by teachers in determining the learner 
 35.11  outcomes; 
 35.12     (3) staff in-service related to cooperation and 
 35.13  combination; 
 35.14     (4) any of the purposes set forth in sections 124.243 
 35.15  section 124A.22, subdivision 6 11, clauses (3), 
 35.16  (4), and (15), and 124.244, subdivision 4, clauses (2), (3), 
 35.17  (4), (5), and (6) (18), (19), (20), (21), and (22), if the 
 35.18  purposes are related to courses offered cooperatively; and 
 35.19     (5) incentives for superintendents, principals, teachers, 
 35.20  and other licensed and nonlicensed employees, such as early 
 35.21  retirement, severance pay, and health insurance benefits. 
 35.22     Sec. 55.  Minnesota Statutes 1996, section 124.3201, 
 35.23  subdivision 1, is amended to read: 
 35.24     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 35.25  section and sections 124.3202 and section 124.321, the 
 35.26  definitions in this subdivision apply. 
 35.27     (a) "Base year" for fiscal year 1996 and fiscal year 1997 
 35.28  means the 1994 summer program and the 1994-1995 school year.  
 35.29  Base year for later fiscal years means the second fiscal year 
 35.30  preceding the fiscal year for which aid will be paid. 
 35.31     (b) "Basic revenue" has the meaning given it in section 
 35.32  124A.22, subdivision 2.  For the purposes of computing basic 
 35.33  revenue pursuant to this section, each child with a disability 
 35.34  shall be counted as prescribed in section 124.17, subdivision 1. 
 35.35     (c) "Essential personnel" means teachers, related services, 
 35.36  and support services staff providing direct services to students.
 36.1      (d) "Average daily membership" has the meaning given it in 
 36.2   section 124.17. 
 36.3      (e) "Program growth factor" means 1.00 for fiscal year 1998 
 36.4   and later. 
 36.5      (f) "Aid percentage factor" means 60 percent for fiscal 
 36.6   year 1996, 70 percent for fiscal year 1997, 80 percent for 
 36.7   fiscal year 1998, 90 percent for fiscal year 1999, and 100 
 36.8   percent for fiscal years 2000 and later. 
 36.9      (g) "Levy percentage factor" means 100 minus the aid 
 36.10  percentage factor for that year. 
 36.11     Sec. 56.  Minnesota Statutes 1996, section 124.3201, 
 36.12  subdivision 2b, is amended to read: 
 36.13     Subd. 2b.  [SPECIAL EDUCATION COURT PLACEMENT REVENUE.] For 
 36.14  fiscal year 1996 and later, a district's special education court 
 36.15  placement revenue is equal to 50 percent of the difference 
 36.16  between expenditures for teachers' salaries, contracted 
 36.17  services, supplies, and equipment eligible for revenues under 
 36.18  sections section 124.3201 and 124.3202, in the base year and 
 36.19  actual expenditures for pupils with disabilities who receive 
 36.20  services pursuant to a court order. 
 36.21     Sec. 57.  [REPEALER; SECTION 124.3202.] 
 36.22     Minnesota Statutes 1996, section 124.3202, is repealed. 
 36.23     Sec. 58.  Minnesota Statutes 1996, section 124.321, 
 36.24  subdivision 1, is amended to read: 
 36.25     Subdivision 1.  [LEVY EQUALIZATION REVENUE.] (a) For fiscal 
 36.26  years 1996 and later, special education levy equalization 
 36.27  revenue for a school district, excluding an intermediate school 
 36.28  district, equals the sum of the following amounts: 
 36.29     (1) the levy percentage factor for that year times the 
 36.30  district's special education revenue under section 124.3201; 
 36.31  plus 
 36.32     (2) the levy percentage factor for that year times the 
 36.33  district's special education summer program revenue under 
 36.34  section 124.3202; plus 
 36.35     (3) the levy percentage factor for that year times the 
 36.36  district's special education excess cost revenue under section 
 37.1   124.323; plus 
 37.2      (4) (3) the levy percentage factor for that year times the 
 37.3   district's secondary vocational education for children with a 
 37.4   disability revenue under section 124.574; plus 
 37.5      (5) (4) the levy percentage factor for that year times the 
 37.6   district's limited English proficiency programs revenue under 
 37.7   section 124.273. 
 37.8      Sec. 59.  Minnesota Statutes 1996, section 124.321, 
 37.9   subdivision 2, is amended to read: 
 37.10     Subd. 2.  [REVENUE ALLOCATION FROM STATE ACADEMIES.] (a) 
 37.11  For purposes of this section, the Minnesota state academy for 
 37.12  the deaf or the Minnesota state academy for the blind each year 
 37.13  shall allocate an amount equal to the levy percentage factor for 
 37.14  that year times their special education revenue under section 
 37.15  124.3201 and their special education summer program revenue 
 37.16  under section 124.3202 for the year to each school district that 
 37.17  assigns a child with an individual education plan requiring an 
 37.18  instructional aide to attend either academy.  The school 
 37.19  districts that assign a child who requires an instructional aide 
 37.20  may make a levy in the amount of the costs allocated to them by 
 37.21  either academy. 
 37.22     (b) When the Minnesota state academy for the deaf or the 
 37.23  Minnesota state academy for the blind allocates revenue among 
 37.24  school districts that assign a child who requires an 
 37.25  instructional aide, for purposes of the districts making a levy 
 37.26  under this subdivision, the academy shall provide information to 
 37.27  the department of children, families, and learning on the amount 
 37.28  of revenue it allocated to the school districts that assign a 
 37.29  child who requires an instructional aide. 
 37.30     Sec. 60.  Minnesota Statutes 1996, section 124.322, 
 37.31  subdivision 1a, is amended to read: 
 37.32     Subd. 1a.  [BASE REVENUE ADJUSTMENT.] For the third fiscal 
 37.33  year after approval of a district's application, and thereafter, 
 37.34  the special education base revenue under section 124.3201, 
 37.35  subdivision 1, and the summer program base revenue under section 
 37.36  124.3202, subdivision 1, shall be computed based on activities 
 38.1   defined as reimbursable under state board rules for special 
 38.2   education and nonspecial education students, and additional 
 38.3   activities as detailed and approved by the commissioner of 
 38.4   children, families, and learning. 
 38.5      Sec. 61.  Minnesota Statutes 1996, section 124.322, 
 38.6   subdivision 5, is amended to read: 
 38.7      Subd. 5.  [USE OF REVENUE.] Revenue under sections section 
 38.8   124.3201 and 124.3202 shall be used to implement the approved 
 38.9   program. 
 38.10     Sec. 62.  Minnesota Statutes 1996, section 124.323, 
 38.11  subdivision 1, is amended to read: 
 38.12     Subdivision 1.  [DEFINITIONS.] In this section, the 
 38.13  definitions in this subdivision apply. 
 38.14     (a) "Unreimbursed special education cost" means the sum of 
 38.15  the following: 
 38.16     (1) expenditures for teachers' salaries, contracted 
 38.17  services, supplies, and equipment eligible for revenue under 
 38.18  sections section 124.3201 and 124.3202; plus 
 38.19     (2) expenditures for tuition bills received under section 
 38.20  120.17 for services eligible for revenue under sections 
 38.21  124.3201, subdivision 2, and 124.3202, subdivision 1; minus 
 38.22     (3) revenue for teachers' salaries, contracted services, 
 38.23  supplies, and equipment under sections 124.3201 and 124.3202; 
 38.24  minus 
 38.25     (4) tuition receipts under section 120.17 for services 
 38.26  eligible for revenue under sections 124.3201, subdivision 2, and 
 38.27  124.3202, subdivision 1. 
 38.28     (b) "General revenue," for fiscal year 1996, means the sum 
 38.29  of the general education revenue according to section 124A.22, 
 38.30  subdivision 1, as adjusted according to section 124A.036, 
 38.31  subdivision 5, plus the total referendum revenue according to 
 38.32  section 124A.03, subdivision 1e.  For fiscal years 1997 and 
 38.33  later, "general revenue" means the sum of the general education 
 38.34  revenue according to section 124A.22, subdivision 1, as adjusted 
 38.35  according to section 124A.036, subdivision 5, plus the total 
 38.36  referendum revenue minus transportation sparsity revenue minus 
 39.1   total operating capital revenue. 
 39.2      Sec. 63.  Minnesota Statutes 1996, section 124.574, 
 39.3   subdivision 7, is amended to read: 
 39.4      Subd. 7.  A district shall not receive aid pursuant to 
 39.5   section 124.3201, 124.3202, 124.321, or 124.573 for salaries, 
 39.6   supplies, travel or equipment for which the district receives 
 39.7   aid pursuant to this section. 
 39.8      Sec. 64.  Minnesota Statutes 1996, section 124.91, 
 39.9   subdivision 1, is amended to read: 
 39.10     Subdivision 1.  [TO LEASE BUILDING OR LAND.] When a 
 39.11  district finds it economically advantageous to rent or lease a 
 39.12  building or land for any instructional purposes or for school 
 39.13  storage or furniture repair, and it determines that the capital 
 39.14  expenditure facilities revenues authorized under sections 
 39.15  124.243 and section 124A.22, subdivision 10, are insufficient 
 39.16  for this purpose, it may apply to the commissioner for 
 39.17  permission to make an additional capital expenditure levy for 
 39.18  this purpose.  An application for permission to levy under this 
 39.19  subdivision must contain financial justification for the 
 39.20  proposed levy, the terms and conditions of the proposed lease, 
 39.21  and a description of the space to be leased and its proposed 
 39.22  use.  The criteria for approval of applications to levy under 
 39.23  this subdivision must include:  the reasonableness of the price, 
 39.24  the appropriateness of the space to the proposed activity, the 
 39.25  feasibility of transporting pupils to the leased building or 
 39.26  land, conformity of the lease to the laws and rules of the state 
 39.27  of Minnesota, and the appropriateness of the proposed lease to 
 39.28  the space needs and the financial condition of the district.  
 39.29  The commissioner must not authorize a levy under this 
 39.30  subdivision in an amount greater than the cost to the district 
 39.31  of renting or leasing a building or land for approved purposes.  
 39.32  The proceeds of this levy must not be used for custodial or 
 39.33  other maintenance services.  A district may not levy under this 
 39.34  subdivision for the purpose of leasing or renting a 
 39.35  district-owned building to itself. 
 39.36     Sec. 65.  Minnesota Statutes 1996, section 124.918, 
 40.1   subdivision 8, is amended to read: 
 40.2      Subd. 8.  [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1) 
 40.3   Reductions in levies pursuant to section 124.918, subdivision 1, 
 40.4   and section 273.138, shall be made prior to the reductions in 
 40.5   clause (2). 
 40.6      (2) Notwithstanding any other law to the contrary, 
 40.7   districts which received payments pursuant to sections 298.018; 
 40.8   298.23 to 298.28, except an amount distributed under section 
 40.9   298.28, subdivision 4, paragraph (c), clause (ii); 298.34 to 
 40.10  298.39; 298.391 to 298.396; 298.405; and any law imposing a tax 
 40.11  upon severed mineral values, or recognized revenue pursuant to 
 40.12  section 477A.15; shall not include a portion of these aids in 
 40.13  their permissible levies pursuant to those sections, but instead 
 40.14  shall reduce the permissible levies authorized by this chapter 
 40.15  and chapter 124A by the greater of the following: 
 40.16     (a) an amount equal to 50 percent of the total dollar 
 40.17  amount of the payments received pursuant to those sections or 
 40.18  revenue recognized pursuant to section 477A.15 in the previous 
 40.19  fiscal year; or 
 40.20     (b) an amount equal to the total dollar amount of the 
 40.21  payments received pursuant to those sections or revenue 
 40.22  recognized pursuant to section 477A.15 in the previous fiscal 
 40.23  year less the product of the same dollar amount of payments or 
 40.24  revenue times the ratio of the maximum levy allowed the district 
 40.25  under Minnesota Statutes 1986, sections 124A.03, subdivision 2, 
 40.26  124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10, 
 40.27  subdivision 3a, 124A.12, subdivision 3a, and 124A.14, 
 40.28  subdivision 5a, to the total levy allowed the district under 
 40.29  this section and Minnesota Statutes 1986, sections 124A.03, 
 40.30  124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10, 
 40.31  subdivision 3a, 124A.12, subdivision 3a, 124A.14, subdivision 
 40.32  5a, and 124A.20, subdivision 2, for levies certified in 1986. 
 40.33     (3) No reduction pursuant to this subdivision shall reduce 
 40.34  the levy made by the district pursuant to section 124A.23, to an 
 40.35  amount less than the amount raised by a levy of a net tax rate 
 40.36  of 6.82 percent times the adjusted net tax capacity for taxes 
 41.1   payable in 1990 and thereafter of that district for the 
 41.2   preceding year as determined by the commissioner.  The amount of 
 41.3   any increased levy authorized by referendum pursuant to section 
 41.4   124A.03, subdivision 2, shall not be reduced pursuant to this 
 41.5   subdivision.  The amount of any levy authorized by section 
 41.6   124.912, subdivision 1, to make payments for bonds issued and 
 41.7   for interest thereon, shall not be reduced pursuant to this 
 41.8   subdivision.  
 41.9      (4) Before computing the reduction pursuant to this 
 41.10  subdivision of the capital expenditure facilities levy 
 41.11  authorized by section 124.243, the capital expenditure equipment 
 41.12  levy authorized by section 124.244, the health and safety levy 
 41.13  authorized by sections 124.83 and 124.91, subdivision 6, the 
 41.14  commissioner shall ascertain from each affected school district 
 41.15  the amount it proposes to levy under each section or 
 41.16  subdivision.  The reduction shall be computed on the basis of 
 41.17  the amount so ascertained. 
 41.18     (5) Notwithstanding any law to the contrary, any amounts 
 41.19  received by districts in any fiscal year pursuant to sections 
 41.20  298.018; 298.23 to 298.28; 298.34 to 298.39; 298.391 to 298.396; 
 41.21  298.405; or any law imposing a tax on severed mineral values; 
 41.22  and not deducted from general education aid pursuant to section 
 41.23  124A.035, subdivision 5, clause (2), and not applied to reduce 
 41.24  levies pursuant to this subdivision shall be paid by the 
 41.25  district to the St. Louis county auditor in the following amount 
 41.26  by March 15 of each year, the amount required to be subtracted 
 41.27  from the previous fiscal year's general education aid pursuant 
 41.28  to section 124A.035, subdivision 5, which is in excess of the 
 41.29  general education aid earned for that fiscal year.  The county 
 41.30  auditor shall deposit any amounts received pursuant to this 
 41.31  clause in the St. Louis county treasury for purposes of paying 
 41.32  the taconite homestead credit as provided in section 273.135. 
 41.33     Sec. 66.  Minnesota Statutes 1996, section 124A.036, 
 41.34  subdivision 5, is amended to read: 
 41.35     Subd. 5.  [ALTERNATIVE ATTENDANCE PROGRAMS.] The general 
 41.36  education aid for districts must be adjusted for each pupil 
 42.1   attending a nonresident district under sections 120.062, 
 42.2   120.075, 120.0751, 120.0752, 124C.45 to 124C.48, and 126.22.  
 42.3   The adjustments must be made according to this subdivision. 
 42.4      (a) General education aid paid to a resident district must 
 42.5   be reduced by an amount equal to the general education revenue 
 42.6   exclusive of compensatory revenue attributable to the pupil in 
 42.7   the resident district. 
 42.8      (b) General education aid paid to a district serving a 
 42.9   pupil in programs listed in this subdivision shall be increased 
 42.10  by an amount equal to the general education revenue exclusive of 
 42.11  compensatory revenue attributable to the pupil in the 
 42.12  nonresident district.  
 42.13     (c) If the amount of the reduction to be made from the 
 42.14  general education aid of the resident district is greater than 
 42.15  the amount of general education aid otherwise due the district, 
 42.16  the excess reduction must be made from other state aids due the 
 42.17  district. 
 42.18     (d) The district of residence shall pay tuition to a 
 42.19  district or an area learning center, operated according to 
 42.20  paragraph (e), providing special instruction and services to a 
 42.21  pupil with a disability, as defined in section 120.03, or a 
 42.22  pupil, as defined in section 120.181, who is enrolled in a 
 42.23  program listed in this subdivision.  The tuition shall be equal 
 42.24  to (1) the actual cost of providing special instruction and 
 42.25  services to the pupil, including a proportionate amount for debt 
 42.26  service and for capital expenditure facilities and equipment, 
 42.27  and debt service but not including any amount for 
 42.28  transportation, minus (2) the amount of general education aid, 
 42.29  the amount of capital expenditure facilities aid and capital 
 42.30  expenditure equipment aid received under section 124.245, 
 42.31  subdivision 6, and special education aid, attributable to that 
 42.32  pupil, that is received by the district providing special 
 42.33  instruction and services. 
 42.34     (e) An area learning center operated by a service 
 42.35  cooperative, intermediate district, education district, or a 
 42.36  joint powers cooperative may elect through the action of the 
 43.1   constituent boards to charge tuition for pupils rather than to 
 43.2   calculate general education aid adjustments under paragraph (a), 
 43.3   (b), or (c).  The tuition must be equal to the greater of the 
 43.4   average general education revenue per pupil unit attributable to 
 43.5   the pupil, or the actual cost of providing the instruction, 
 43.6   excluding transportation costs, if the pupil meets the 
 43.7   requirements of section 120.03 or 120.181. 
 43.8      Sec. 67.  Minnesota Statutes 1996, section 124A.225, 
 43.9   subdivision 2, is amended to read: 
 43.10     Subd. 2.  [INSTRUCTOR DEFINED.] Primary instructor means a 
 43.11  public employee licensed by the board of teaching whose duties 
 43.12  are full-time instruction, excluding a teacher for whom 
 43.13  categorical aids are received pursuant to sections 124.3201, 
 43.14  124.3202, and 124.321.  Except as provided in section 125.230, 
 43.15  subdivision 6, instructor does not include supervisory and 
 43.16  support personnel, except school social workers as defined in 
 43.17  section 125.03.  An instructor whose duties are less than 
 43.18  full-time instruction must be included as an equivalent only for 
 43.19  the number of hours of instruction in grades kindergarten 
 43.20  through 6. 
 43.21     Sec. 68.  Minnesota Statutes 1996, section 124A.26, 
 43.22  subdivision 1, is amended to read: 
 43.23     Subdivision 1.  [REVENUE REDUCTION.] A district's general 
 43.24  education revenue for a school year shall be reduced if the 
 43.25  estimated net unappropriated operating fund balance as of June 
 43.26  30 in the prior school year exceeds 25 percent of the formula 
 43.27  allowance for the current fiscal year times the fund balance 
 43.28  pupil units in the prior year.  For purposes of this subdivision 
 43.29  and section 124.243, subdivision 2, fund balance pupil units 
 43.30  means the number of resident pupil units in average daily 
 43.31  membership, including shared time pupils, according to section 
 43.32  124A.02, subdivision 20, plus 
 43.33     (1) pupils attending the district for which general 
 43.34  education aid adjustments are made according to section 
 43.35  124A.036, subdivision 5; minus 
 43.36     (2) the sum of the resident pupils attending other 
 44.1   districts for which general education aid adjustments are made 
 44.2   according to section 124A.036, subdivision 5, plus pupils for 
 44.3   whom payment is made according to section 126.22, subdivision 8, 
 44.4   or 126.23.  The amount of the reduction shall equal the lesser 
 44.5   of: 
 44.6      (1) the amount of the excess, or 
 44.7      (2) $250 times the actual pupil units for the school year. 
 44.8      The final adjustment payments made under section 124.195, 
 44.9   subdivision 6, must be adjusted to reflect actual net operating 
 44.10  fund balances as of June 30 of the prior school year. 
 44.11     Sec. 69.  Minnesota Statutes 1996, section 124C.60, 
 44.12  subdivision 1, is amended to read: 
 44.13     Subdivision 1.  [ELIGIBILITY.] Two or more districts that 
 44.14  have consolidated under section 122.23 or combined under 
 44.15  sections 122.241 to 122.248, are eligible for a capital 
 44.16  facilities grant of up to $200,000 for fiscal year 1995 and 
 44.17  $100,000 thereafter under this section.  To qualify the 
 44.18  following criteria must be met: 
 44.19     (1) the proposed facility changes are part of the plan 
 44.20  according to section 122.242, subdivision 10, or the plan 
 44.21  adopted by the reorganized district according to section 
 44.22  124.243, subdivision 1; 
 44.23     (2) the changes proposed to a facility must be needed to 
 44.24  accommodate changes in the educational program due to the 
 44.25  reorganization; 
 44.26     (3) the utilization of the facility for educational 
 44.27  programs is at least 85 percent of capacity; and 
 44.28     (4) the grant will be used only to remodel or improve 
 44.29  existing facilities. 
 44.30     Sec. 70.  Minnesota Statutes 1996, section 124C.60, 
 44.31  subdivision 3, is amended to read: 
 44.32     Subd. 3.  [USE OF GRANT MONEY.] The grant money may be used 
 44.33  for any capital expenditures specified in section 124.243 
 44.34  124A.22, subdivision 6 11, clauses (4), (6), (7), (8), (9), and 
 44.35  (10). 
 44.36     Sec. 71.  Minnesota Statutes 1996, section 126.22, 
 45.1   subdivision 7, is amended to read: 
 45.2      Subd. 7.  [AID ADJUSTMENTS.] General education aid, capital 
 45.3   expenditure aid, and transportation aid attributable to a pupil 
 45.4   covered by programs under this section must be paid according to 
 45.5   sections 124A.036, subdivision 5, 124.245, subdivision 6, and 
 45.6   124.225, subdivision 8l, respectively. 
 45.7      Sec. 72.  Minnesota Statutes 1996, section 126.51, 
 45.8   subdivision 1, is amended to read: 
 45.9      Subdivision 1.  [PARENT COMMITTEE.] School boards and 
 45.10  American Indian schools shall provide for the maximum 
 45.11  involvement of parents of children enrolled in education 
 45.12  programs, including language and culture education programs, 
 45.13  programs for elementary and secondary grades, special education 
 45.14  programs, and support services.  Accordingly, the school board 
 45.15  of a school district in which there are ten or more American 
 45.16  Indian children enrolled and each American Indian school shall 
 45.17  establish a parent committee.  If a committee whose membership 
 45.18  consists of a majority of parents of American Indian children 
 45.19  has been or is established according to federal, tribal, or 
 45.20  other state law, that committee may serve as the committee 
 45.21  required by this section and shall be subject to, at least, the 
 45.22  requirements of this subdivision and subdivision 1a.  
 45.23     The parent committee shall develop its recommendations in 
 45.24  consultation with the curriculum advisory committee required by 
 45.25  section 126.666 123.972, subdivision 2 3.  This committee shall 
 45.26  afford parents the necessary information and the opportunity 
 45.27  effectively to express their views concerning all aspects of 
 45.28  American Indian education and the educational needs of the 
 45.29  American Indian children enrolled in the school or program.  The 
 45.30  committee shall also address the need for adult education 
 45.31  programs for American Indian people in the community.  The 
 45.32  school board or American Indian school shall ensure that 
 45.33  programs are planned, operated, and evaluated with the 
 45.34  involvement of and in consultation with parents of children 
 45.35  served by the programs. 
 45.36     Sec. 73.  Minnesota Statutes 1996, section 126.72, 
 46.1   subdivision 2, is amended to read: 
 46.2      Subd. 2.  [PURPOSE.] The school board shall determine the 
 46.3   needs of its classroom teachers and the need for changes in its 
 46.4   curriculum.  In determining these needs, the school board shall 
 46.5   obtain recommendations from classroom teachers, staff 
 46.6   responsible for curriculum, and the curriculum advisory 
 46.7   committee.  It shall consider assessment results, other test 
 46.8   results, the need for mentor teachers, and the district 
 46.9   improvement plan portion of the report adopted according to 
 46.10  section 126.666 123.972, subdivision 4 5.  Contracts executed 
 46.11  under this section shall relate directly to the identified needs.
 46.12     Sec. 74.  [REVISOR'S INSTRUCTION; SECTIONS 136A.172 to 
 46.13  136A.178.] 
 46.14     The revisor shall change the citation from section 136A.179 
 46.15  to section 136A.178 in the following sections of Minnesota 
 46.16  Statutes:  136A.172; 136A.173; 136A.174; 136A.175; 136A.176; 
 46.17  136A.177; and 136A.178. 
 46.18     Sec. 75.  Minnesota Statutes 1996, section 136D.94, is 
 46.19  amended to read: 
 46.20     136D.94 [REFUNDING BONDS.] 
 46.21     Sections 136D.281, subdivision 8, 136D.741, subdivision 8, 
 46.22  and 136D.87 136D.88, subdivision 8, do not apply to bonds issued 
 46.23  solely for refunding purposes. 
 46.24     Sec. 76.  [REPEALER; SECTION 144A.61, SUBDIVISION 6 NOTE.] 
 46.25     Laws 1989, chapter 282, article 3, section 28, is repealed. 
 46.26     Sec. 77.  Minnesota Statutes 1996, section 147A.13, 
 46.27  subdivision 1, is amended to read: 
 46.28     Subdivision 1.  [GROUNDS LISTED.] The board may refuse to 
 46.29  grant registration or may impose disciplinary action as 
 46.30  described in this subdivision against any physician assistant.  
 46.31  The following conduct is prohibited and is grounds for 
 46.32  disciplinary action: 
 46.33     (1) failure to demonstrate the qualifications or satisfy 
 46.34  the requirements for registration contained in this chapter or 
 46.35  rules of the board.  The burden of proof shall be upon the 
 46.36  applicant to demonstrate such qualifications or satisfaction of 
 47.1   such requirements; 
 47.2      (2) obtaining registration by fraud or cheating, or 
 47.3   attempting to subvert the examination process.  Conduct which 
 47.4   subverts or attempts to subvert the examination process 
 47.5   includes, but is not limited to: 
 47.6      (i) conduct which violates the security of the examination 
 47.7   materials, such as removing examination materials from the 
 47.8   examination room or having unauthorized possession of any 
 47.9   portion of a future, current, or previously administered 
 47.10  licensing examination; 
 47.11     (ii) conduct which violates the standard of test 
 47.12  administration, such as communicating with another examinee 
 47.13  during administration of the examination, copying another 
 47.14  examinee's answers, permitting another examinee to copy one's 
 47.15  answers, or possessing unauthorized materials; and 
 47.16     (iii) impersonating an examinee or permitting an 
 47.17  impersonator to take the examination on one's own behalf; 
 47.18     (3) conviction, during the previous five years, of a felony 
 47.19  reasonably related to the practice of physician assistant.  
 47.20  Conviction as used in this subdivision includes a conviction of 
 47.21  an offense which if committed in this state would be deemed a 
 47.22  felony without regard to its designation elsewhere, or a 
 47.23  criminal proceeding where a finding or verdict of guilt is made 
 47.24  or returned but the adjudication of guilt is either withheld or 
 47.25  not entered; 
 47.26     (4) revocation, suspension, restriction, limitation, or 
 47.27  other disciplinary action against the person's physician 
 47.28  assistant credentials in another state or jurisdiction, failure 
 47.29  to report to the board that charges regarding the person's 
 47.30  credentials have been brought in another state or jurisdiction, 
 47.31  or having been refused registration by any other state or 
 47.32  jurisdiction; 
 47.33     (5) advertising which is false or misleading, violates any 
 47.34  rule of the board, or claims without substantiation the positive 
 47.35  cure of any disease or professional superiority to or greater 
 47.36  skill than that possessed by another physician assistant; 
 48.1      (6) violating a rule adopted by the board or an order of 
 48.2   the board, a state, or federal law which relates to the practice 
 48.3   of a physician assistant, or in part regulates the practice of a 
 48.4   physician assistant, including without limitation sections 
 48.5   148A.02, 609.344, and 609.345, or a state or federal narcotics 
 48.6   or controlled substance law; 
 48.7      (7) engaging in any unethical conduct; conduct likely to 
 48.8   deceive, defraud, or harm the public, or demonstrating a willful 
 48.9   or careless disregard for the health, welfare, or safety of a 
 48.10  patient; or practice which is professionally incompetent, in 
 48.11  that it may create unnecessary danger to any patient's life, 
 48.12  health, or safety, in any of which cases, proof of actual injury 
 48.13  need not be established; 
 48.14     (8) failure to adhere to the provisions of the 
 48.15  physician-physician assistant agreement; 
 48.16     (9) engaging in the practice of medicine beyond that 
 48.17  allowed by the physician-physician assistant agreement, 
 48.18  including the delegation form or the addendum to the delegation 
 48.19  form, or aiding or abetting an unlicensed person in the practice 
 48.20  of medicine; 
 48.21     (10) adjudication as mentally incompetent, mentally ill or 
 48.22  mentally retarded, or as a chemically dependent person, a person 
 48.23  dangerous to the public, a sexually dangerous person, or a 
 48.24  person who has a sexual psychopathic personality by a court of 
 48.25  competent jurisdiction, within or without this state.  Such 
 48.26  adjudication shall automatically suspend a registration for its 
 48.27  duration unless the board orders otherwise; 
 48.28     (11) engaging in unprofessional conduct.  Unprofessional 
 48.29  conduct includes any departure from or the failure to conform to 
 48.30  the minimal standards of acceptable and prevailing practice in 
 48.31  which proceeding actual injury to a patient need not be 
 48.32  established; 
 48.33     (12) inability to practice with reasonable skill and safety 
 48.34  to patients by reason of illness, drunkenness, use of drugs, 
 48.35  narcotics, chemicals, or any other type of material, or as a 
 48.36  result of any mental or physical condition, including 
 49.1   deterioration through the aging process or loss of motor skills; 
 49.2      (13) revealing a privileged communication from or relating 
 49.3   to a patient except when otherwise required or permitted by law; 
 49.4      (14) any use of the title "Physician," "Doctor," or "Dr."; 
 49.5      (15) improper management of medical records, including 
 49.6   failure to maintain adequate medical records, to comply with a 
 49.7   patient's request made pursuant to section 144.335, or to 
 49.8   furnish a medical record or report required by law; 
 49.9      (16) engaging in abusive or fraudulent billing practices, 
 49.10  including violations of the federal Medicare and Medicaid laws 
 49.11  or state medical assistance laws; 
 49.12     (17) becoming addicted or habituated to a drug or 
 49.13  intoxicant; 
 49.14     (18) prescribing a drug or device for other than medically 
 49.15  accepted therapeutic, experimental, or investigative purposes 
 49.16  authorized by a state or federal agency or referring a patient 
 49.17  to any health care provider as defined in section 144.335 for 
 49.18  services or tests not medically indicated at the time of 
 49.19  referral; 
 49.20     (19) engaging in conduct with a patient which is sexual or 
 49.21  may reasonably be interpreted by the patient as sexual, or in 
 49.22  any verbal behavior which is seductive or sexually demeaning to 
 49.23  a patient; 
 49.24     (20) failure to make reports as required by section 609.215 
 49.25  147A.14 or to cooperate with an investigation of the board as 
 49.26  required by section 609.215 147A.15, subdivision 3; 
 49.27     (21) knowingly providing false or misleading information 
 49.28  that is directly related to the care of that patient unless done 
 49.29  for an accepted therapeutic purpose such as the administration 
 49.30  of a placebo; 
 49.31     (22) aiding suicide or aiding attempted suicide in 
 49.32  violation of section 609.215 as established by any of the 
 49.33  following: 
 49.34     (i) a copy of the record of criminal conviction or plea of 
 49.35  guilty for a felony in violation of section 609.215, subdivision 
 49.36  1 or 2; 
 50.1      (ii) a copy of the record of a judgment of contempt of 
 50.2   court for violating an injunction issued under section 609.215, 
 50.3   subdivision 4; 
 50.4      (iii) a copy of the record of a judgment assessing damages 
 50.5   under section 609.215, subdivision 5; or 
 50.6      (iv) a finding by the board that the person violated 
 50.7   section 609.215, subdivision 1 or 2.  The board shall 
 50.8   investigate any complaint of a violation of section 609.215, 
 50.9   subdivision 1 or 2; or 
 50.10     (23) failure to maintain annually reviewed and updated 
 50.11  physician-physician assistant agreements, internal protocols, or 
 50.12  prescribing delegation forms for each physician-physician 
 50.13  assistant practice relationship, or failure to provide copies of 
 50.14  such documents upon request by the board. 
 50.15     Sec. 78.  Minnesota Statutes 1996, section 148.235, 
 50.16  subdivision 4, is amended to read: 
 50.17     Subd. 4.  [CLINICAL NURSE SPECIALISTS IN PSYCHIATRIC AND 
 50.18  MENTAL HEALTH NURSING.] A registered nurse who (1) has a masters 
 50.19  degree, (2) is certified through a national professional nursing 
 50.20  organization which certifies clinical specialists in psychiatric 
 50.21  and mental health nursing and is included in the list of 
 50.22  professional nursing organizations adopted by the board under 
 50.23  section 62A.15, subdivision 3a, (3) has successfully completed 
 50.24  no less than 30 hours of formal study in the prescribing of 
 50.25  psychotropic medications and medications to treat their side 
 50.26  effects which included instruction in health assessment, 
 50.27  psychotropic classifications, psychopharmacology, indications, 
 50.28  dosages, contraindications, side effects, and evidence of 
 50.29  application, and (4) has a verbal agreement or a written 
 50.30  agreement with a psychiatrist based on standards established by 
 50.31  the Minnesota Nurses Association and the Minnesota Psychiatric 
 50.32  Association that specifies and defines the delegated 
 50.33  responsibilities related to the prescription of drugs in 
 50.34  relationship to the diagnosis, may prescribe and administer 
 50.35  drugs used to treat psychiatric and behavioral disorders and the 
 50.36  side effects of those drugs within the scope of the written 
 51.1   agreement and within practice as a clinical specialist in 
 51.2   psychiatric and mental health nursing.  The written agreement 
 51.3   required under this subdivision shall be based on standards 
 51.4   established by the Minnesota Nurses Association and the 
 51.5   Minnesota medical Psychiatric Association as of January 1, 1996, 
 51.6   unless both associations agree to revisions.  The written 
 51.7   agreement shall be maintained at the certified clinical nurse 
 51.8   specialist's place of employment and does not need to be filed 
 51.9   with the board of nursing. 
 51.10     Nothing in this subdivision removes or limits the legal 
 51.11  professional liability of the treating psychiatrist, clinical 
 51.12  nurse specialist, mental health clinic or hospital for the 
 51.13  prescription and administration of drugs by a clinical 
 51.14  specialist in accordance with this subdivision. 
 51.15     Sec. 79.  Minnesota Statutes 1996, section 153A.19, 
 51.16  subdivision 2, is amended to read: 
 51.17     Subd. 2.  [30-DAY GUARANTEE AND BUYER RIGHT TO CANCEL.] No 
 51.18  person shall sell a hearing aid in this state unless: 
 51.19     (a) The dispenser provides the buyer with a 30-day written 
 51.20  money-back guarantee.  The guarantee must permit the buyer to 
 51.21  cancel the purchase for any reason within the first 30 days 
 51.22  after receiving during which the buyer has possession of the 
 51.23  hearing aid by giving or mailing written notice of cancellation 
 51.24  to the dispenser.  If the hearing aid must be repaired, remade, 
 51.25  or adjusted during the 30-day money-back guarantee period, the 
 51.26  running of the 30-day period is suspended one day for each 
 51.27  24-hour period that the hearing aid is not in the buyer's 
 51.28  possession.  A repaired, remade, or adjusted hearing aid must be 
 51.29  claimed by the buyer within three working days after 
 51.30  notification of availability, after which time the running of 
 51.31  the 30-day period resumes.  The guarantee must entitle the 
 51.32  buyer, upon cancellation, to receive a full refund of payment 
 51.33  within 30 days of return of the hearing aid to the dispenser.  
 51.34  The dispenser may retain as a cancellation fee an amount not to 
 51.35  exceed ten percent of the buyer's total purchase price of the 
 51.36  hearing aid.  
 52.1      (b) The dispenser shall provide the buyer with a contract 
 52.2   written in plain English, that contains uniform language and 
 52.3   provisions that meet the requirements under the Plain Language 
 52.4   Contract Act, sections 325G.29 to 325G.36.  The contract must 
 52.5   include, but is not limited to, the following:  in immediate 
 52.6   proximity to the space reserved for the signature of the buyer, 
 52.7   or on the first page if there is no space reserved for the 
 52.8   signature of the buyer, a clear and conspicuous disclosure of 
 52.9   the following specific statement in all capital letters of no 
 52.10  less than 12-point boldface type:  MINNESOTA STATE LAW GIVES THE 
 52.11  BUYER THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY 
 52.12  TIME PRIOR TO MIDNIGHT OF THE 30TH CALENDAR DAY OF THE BUYER'S 
 52.13  ACTUAL POSSESSION OF THE HEARING AID(S) AFTER INITIAL RECEIPT OF 
 52.14  THE HEARING AID(S).  THIS CANCELLATION MUST BE IN WRITING AND 
 52.15  MUST BE GIVEN OR MAILED TO THE SELLER.  IF THE BUYER DECIDES TO 
 52.16  RETURN THE HEARING AID(S) WITHIN THIS 30-DAY PERIOD, THE BUYER 
 52.17  WILL RECEIVE A REFUND OF $.......  (State the dollar amount of 
 52.18  refund.) 
 52.19     Sec. 80.  [REPEALER; SECTIONS 145.43 AND 153A.19 NOTE.] 
 52.20     Laws 1988, chapter 495, section 1, is repealed. 
 52.21     Sec. 81.  Minnesota Statutes 1996, section 168.129, 
 52.22  subdivision 1, is amended to read: 
 52.23     Subdivision 1.  [GENERAL REQUIREMENTS AND PROCEDURES.] The 
 52.24  commissioner of public safety shall issue special collegiate 
 52.25  license plates to an applicant who: 
 52.26     (1) is an owner or joint owner of a passenger automobile, 
 52.27  pickup truck, or van; 
 52.28     (2) pays a fee determined by the commissioner to cover the 
 52.29  costs of handling and manufacturing the plates; 
 52.30     (3) pays the registration tax required under section 168.12 
 52.31  168.013; 
 52.32     (4) pays the fees required under this chapter; 
 52.33     (5) contributes at least $25 annually to the scholarship 
 52.34  account established in subdivision 6; and 
 52.35     (6) complies with laws and rules governing registration and 
 52.36  licensing of vehicles and drivers. 
 53.1      Sec. 82.  Minnesota Statutes 1996, section 169.145, is 
 53.2   amended to read: 
 53.3      169.145 [IMPLEMENTS OF HUSBANDRY; SPEED; BRAKES.] 
 53.4      No person may: 
 53.5      (1) drive or tow an implement of husbandry that exceeds 
 53.6   6,000 pounds registered gross weight or gross vehicle weight and 
 53.7   is not equipped with brakes; or 
 53.8      (2) tow a vehicle registered as a farm trailer that exceeds 
 53.9   6,000 pounds registered gross weight or gross vehicle weight and 
 53.10  is not equipped with brakes and exceeding 6,000 pounds, at a 
 53.11  speed in excess of 25 miles per hour. 
 53.12     Sec. 83.  Minnesota Statutes 1996, section 176.081, 
 53.13  subdivision 1, is amended to read: 
 53.14     Subdivision 1.  [LIMITATION OF FEES.] (a) A fee for legal 
 53.15  services of 25 percent of the first $4,000 of compensation 
 53.16  awarded to the employee and 20 percent of the next $60,000 of 
 53.17  compensation awarded to the employee is the maximum permissible 
 53.18  fee and does not require approval by the commissioner, 
 53.19  compensation judge, or any other party.  All fees, including 
 53.20  fees for obtaining medical or rehabilitation benefits, must be 
 53.21  calculated according to the formula under this subdivision, 
 53.22  except as otherwise provided in clause (1) or (2).  
 53.23     (1) The contingent attorney fee for recovery of monetary 
 53.24  benefits according to the formula in this section is presumed to 
 53.25  be adequate to cover recovery of medical and rehabilitation 
 53.26  benefit or services concurrently in dispute.  Attorney fees for 
 53.27  recovery of medical or rehabilitation benefits or services shall 
 53.28  be assessed against the employer or insurer only if the attorney 
 53.29  establishes that the contingent fee is inadequate to reasonably 
 53.30  compensate the attorney for representing the employee in the 
 53.31  medical or rehabilitation dispute.  In cases where the 
 53.32  contingent fee is inadequate the employer or insurer is liable 
 53.33  for attorney fees based on the formula in this subdivision or in 
 53.34  clause (2). 
 53.35     For the purposes of applying the formula where the employer 
 53.36  or insurer is liable for attorney fees, the amount of 
 54.1   compensation awarded for obtaining disputed medical and 
 54.2   rehabilitation benefits under sections 176.102, 176.135, and 
 54.3   176.136 shall be the dollar value of the medical or 
 54.4   rehabilitation benefit awarded, where ascertainable.  
 54.5      (2) The maximum attorney fee for obtaining a change of 
 54.6   doctor or qualified rehabilitation consultant, or any other 
 54.7   disputed medical or rehabilitation benefit for which a dollar 
 54.8   value is not reasonably ascertainable, is the amount charged in 
 54.9   hourly fees for the representation or $500, whichever is less, 
 54.10  to be paid by the employer or insurer. 
 54.11     (3) The fees for obtaining disputed medical or 
 54.12  rehabilitation benefits are included in the $13,000 limit in 
 54.13  paragraph (b).  An attorney must concurrently file all 
 54.14  outstanding disputed issues.  An attorney is not entitled to 
 54.15  attorney fees for representation in any issue which could 
 54.16  reasonably have been addressed during the pendency of other 
 54.17  issues for the same injury. 
 54.18     (b) All fees for legal services related to the same injury 
 54.19  are cumulative and may not exceed $13,000.  If multiple injuries 
 54.20  are the subject of a dispute, the commissioner, compensation 
 54.21  judge, or court of appeals shall specify the attorney fee 
 54.22  attributable to each injury.  
 54.23     (c) If the employer or the insurer or the defendant is 
 54.24  given written notice of claims for legal services or 
 54.25  disbursements, the claim shall be a lien against the amount paid 
 54.26  or payable as compensation.  Subject to the foregoing maximum 
 54.27  amount for attorney fees, up to 25 percent of the first $4,000 
 54.28  of periodic compensation awarded to the employee and 20 percent 
 54.29  of the next $60,000 of periodic compensation awarded to the 
 54.30  employee may be withheld from the periodic payments for attorney 
 54.31  fees or disbursements if the payor of the funds clearly 
 54.32  indicates on the check or draft issued to the employee for 
 54.33  payment the purpose of the withholding, the name of the 
 54.34  attorney, the amount withheld, and the gross amount of the 
 54.35  compensation payment before withholding.  In no case shall fees 
 54.36  be calculated on the basis of any undisputed portion of 
 55.1   compensation awards.  Allowable fees under this chapter shall be 
 55.2   based solely upon genuinely disputed claims or portions of 
 55.3   claims, including disputes related to the payment of 
 55.4   rehabilitation benefits or to other aspects of a rehabilitation 
 55.5   plan.  The existence of a dispute is dependent upon a 
 55.6   disagreement after the employer or insurer has had adequate time 
 55.7   and information to take a position on liability.  Neither the 
 55.8   holding of a hearing nor the filing of an application for a 
 55.9   hearing alone may determine the existence of a dispute.  Except 
 55.10  where the employee is represented by an attorney in other 
 55.11  litigation pending at the department or at the office of 
 55.12  administrative hearings, a fee may not be charged after June 1, 
 55.13  1996, for services with respect to a medical or rehabilitation 
 55.14  issue arising under section 176.102, 176.135, or 176.136 
 55.15  performed before the employee has consulted with the department 
 55.16  and the department certifies that there is a dispute and that it 
 55.17  has tried to resolve the dispute.  
 55.18     (d) An attorney who is claiming legal fees for representing 
 55.19  an employee in a workers' compensation matter shall file a 
 55.20  statement of attorney fees with the commissioner, compensation 
 55.21  judge before whom the matter was heard, or workers' compensation 
 55.22  court of appeals on cases before the court.  A copy of the 
 55.23  signed retainer agreement shall also be filed.  The employee and 
 55.24  insurer shall receive a copy of the statement.  The statement 
 55.25  shall be on a form prescribed by the commissioner and shall 
 55.26  report the number of hours spent on the case.  
 55.27     (e) Employers and insurers may not pay attorney fees or 
 55.28  wages for legal services of more than $13,000 per case unless 
 55.29  the additional fees or wages are approved under subdivision 2.  
 55.30     (f) Each insurer and self-insured employer shall file 
 55.31  annual statements with the commissioner detailing the total 
 55.32  amount of legal fees and other legal costs incurred by the 
 55.33  insurer or employer during the year.  The statement shall 
 55.34  include the amount paid for outside and in-house counsel, 
 55.35  deposition and other witness fees, and all other costs relating 
 55.36  to litigation. 
 56.1      Sec. 84.  Minnesota Statutes 1996, section 179A.03, 
 56.2   subdivision 7, is amended to read: 
 56.3      Subd. 7.  [ESSENTIAL EMPLOYEE.] "Essential employee" means 
 56.4   firefighters, peace officers subject to licensure under sections 
 56.5   626.84 to 626.855 626.863, guards at correctional facilities, 
 56.6   confidential employees, supervisory employees, assistant county 
 56.7   attorneys, principals, and assistant principals.  However, for 
 56.8   state employees, "essential employee" means all employees in law 
 56.9   enforcement, health care professionals, correctional guards, 
 56.10  professional engineering, and supervisory collective bargaining 
 56.11  units, irrespective of severance, and no other employees.  For 
 56.12  University of Minnesota employees, "essential employee" means 
 56.13  all employees in law enforcement, nursing professional and 
 56.14  supervisory units, irrespective of severance, and no other 
 56.15  employees.  "Firefighters" means salaried employees of a fire 
 56.16  department whose duties include, directly or indirectly, 
 56.17  controlling, extinguishing, preventing, detecting, or 
 56.18  investigating fires. 
 56.19     Sec. 85.  Minnesota Statutes 1996, section 179A.03, 
 56.20  subdivision 14, is amended to read: 
 56.21     Subd. 14.  [PUBLIC EMPLOYEE.] "Public employee" or 
 56.22  "employee" means any person appointed or employed by a public 
 56.23  employer except:  
 56.24     (a) elected public officials; 
 56.25     (b) election officers; 
 56.26     (c) commissioned or enlisted personnel of the Minnesota 
 56.27  national guard; 
 56.28     (d) emergency employees who are employed for emergency work 
 56.29  caused by natural disaster; 
 56.30     (e) part-time employees whose service does not exceed the 
 56.31  lesser of 14 hours per week or 35 percent of the normal work 
 56.32  week in the employee's appropriate unit; 
 56.33     (f) employees whose positions are basically temporary or 
 56.34  seasonal in character and:  (1) are not for more than 67 working 
 56.35  days in any calendar year; or (2) are not for more than 100 
 56.36  working days in any calendar year and the employees are under 
 57.1   the age of 22, are full-time students enrolled in a nonprofit or 
 57.2   public educational institution prior to being hired by the 
 57.3   employer, and have indicated, either in an application for 
 57.4   employment or by being enrolled at an educational institution 
 57.5   for the next academic year or term, an intention to continue as 
 57.6   students during or after their temporary employment; 
 57.7      (g) employees providing services for not more than two 
 57.8   consecutive quarters to the state university board or the 
 57.9   community college board under the terms of a professional or 
 57.10  technical services contract as defined in section 16B.17, 
 57.11  subdivision 1; 
 57.12     (h) employees of charitable hospitals as defined by section 
 57.13  179.35, subdivision 3; 
 57.14     (i) full-time undergraduate students employed by the school 
 57.15  which they attend under a work-study program or in connection 
 57.16  with the receipt of financial aid, irrespective of number of 
 57.17  hours of service per week; 
 57.18     (j) an individual who is employed for less than 300 hours 
 57.19  in a fiscal year as an instructor in an adult vocational 
 57.20  education program; 
 57.21     (k) an individual hired by a school district, the community 
 57.22  college board, or the state university board, to teach one 
 57.23  course for up to four credits for one quarter in a year.  
 57.24     The following individuals are public employees regardless 
 57.25  of the exclusions of clauses (e) and (f):  
 57.26     (1) An employee hired by a school district, the community 
 57.27  college board, or the state university board, except at the 
 57.28  university established in section 136F.017 136F.13 or for 
 57.29  community services or community education instruction offered on 
 57.30  a noncredit basis:  (i) to replace an absent teacher or faculty 
 57.31  member who is a public employee, where the replacement employee 
 57.32  is employed more than 30 working days as a replacement for that 
 57.33  teacher or faculty member; or (ii) to take a teaching position 
 57.34  created due to increased enrollment, curriculum expansion, 
 57.35  courses which are a part of the curriculum whether offered 
 57.36  annually or not, or other appropriate reasons; and 
 58.1      (2) An employee hired for a position under clause (f)(1) if 
 58.2   that same position has already been filled under clause (f)(1) 
 58.3   in the same calendar year and the cumulative number of days 
 58.4   worked in that same position by all employees exceeds 67 
 58.5   calendar days in that year.  For the purpose of this paragraph, 
 58.6   "same position" includes a substantially equivalent position if 
 58.7   it is not the same position solely due to a change in the 
 58.8   classification or title of the position. 
 58.9      Sec. 86.  Minnesota Statutes 1996, section 179A.06, 
 58.10  subdivision 2, is amended to read: 
 58.11     Subd. 2.  [RIGHT TO ORGANIZE.] Public employees have the 
 58.12  right to form and join labor or employee organizations, and have 
 58.13  the right not to form and join such organizations.  Public 
 58.14  employees in an appropriate unit have the right by secret ballot 
 58.15  to designate an exclusive representative to negotiate grievance 
 58.16  procedures and the terms and conditions of employment with their 
 58.17  employer.  Confidential employees of the state and the 
 58.18  University of Minnesota are excluded from bargaining.  Other 
 58.19  confidential employees, supervisory employees, principals, and 
 58.20  assistant principals may form their own organizations.  An 
 58.21  employer shall extend exclusive recognition to a representative 
 58.22  of or an organization of supervisory or confidential employees, 
 58.23  or principals and assistant principals, for the purpose of 
 58.24  negotiating terms or conditions of employment, in accordance 
 58.25  with sections 179A.01 to 179A.25, applicable to essential 
 58.26  employees.  
 58.27     Supervisory or confidential employee organizations shall 
 58.28  not participate in any capacity in any negotiations which 
 58.29  involve units of employees other than supervisory or 
 58.30  confidential employees.  Except for organizations which 
 58.31  represent supervisors who are:  (1) firefighters, peace officers 
 58.32  subject to licensure under sections 626.84 to 626.855 626.863, 
 58.33  guards at correctional facilities, or employees at hospitals 
 58.34  other than state hospitals; and (2) not state or University of 
 58.35  Minnesota employees, a supervisory or confidential employee 
 58.36  organization which is affiliated with another employee 
 59.1   organization which is the exclusive representative of 
 59.2   nonsupervisory or nonconfidential employees of the same public 
 59.3   employer shall not be certified, or act as, an exclusive 
 59.4   representative for the supervisory or confidential employees.  
 59.5   For the purpose of this subdivision, affiliation means either 
 59.6   direct or indirect and includes affiliation through a federation 
 59.7   or joint body of employee organizations. 
 59.8      Sec. 87.  Minnesota Statutes 1996, section 179A.09, 
 59.9   subdivision 3, is amended to read: 
 59.10     Subd. 3.  [DIVISION OF UNITS.] If a designated appropriate 
 59.11  unit contains both peace officers subject to licensure under 
 59.12  sections 626.84 to 626.855 626.863 and essential employees who 
 59.13  are not peace officers, the commissioner, at the request of a 
 59.14  majority of either the peace officers or the other essential 
 59.15  employees within the unit, shall divide the unit into two 
 59.16  separate appropriate units, one for the peace officers and one 
 59.17  for the other essential employees. 
 59.18     Sec. 88.  Minnesota Statutes 1996, section 181.14, is 
 59.19  amended to read: 
 59.20     181.14 [NOTICE TO BE GIVEN; SETTLEMENT OF DISPUTES.] 
 59.21     When any such employee, not having a contract for a 
 59.22  definite period of service, quits or resigns employment, the 
 59.23  wages or commissions earned and unpaid at the time the employee 
 59.24  quits or resigns shall become due and payable within five days 
 59.25  thereafter.  Any employer failing or refusing to pay such wages 
 59.26  or commissions, after they become due, upon the demand of the 
 59.27  employee, shall be liable to the employee from the date of the 
 59.28  demand for an additional sum equal to the amount of the 
 59.29  employee's average daily earnings provided in the contract of 
 59.30  employment, for every day, not exceeding 15 days in all, until 
 59.31  such payment or other settlement satisfactory to the employee is 
 59.32  made.  If any employee having such a contract gives not less 
 59.33  than five days' written notice to the employer of intention to 
 59.34  quit, the wages or commissions of the employee giving notice may 
 59.35  be demanded and shall become due 24 hours after the employee 
 59.36  quits or resigns, and the penalty herein provided shall apply 
 60.1   from the date of demand.  If the employer disputes the amount of 
 60.2   wages or commissions claimed by the employee under the 
 60.3   provisions of this section or section 181.13, and the employer 
 60.4   makes a legal tender of the amount which the employer in good 
 60.5   faith claims to be due, the employer shall not be liable for any 
 60.6   sum greater than the amount so tendered and interest thereon at 
 60.7   the legal rate, unless, in an action brought in a court having 
 60.8   jurisdiction, the employee recovers a greater sum than the 
 60.9   amount so tendered with interest thereon; and if, in the suit, 
 60.10  the employee fails to recover a greater sum than that so 
 60.11  tendered, with interest, the employee shall pay the cost of the 
 60.12  suit, otherwise the cost shall be paid by the employer.  In 
 60.13  cases where the discharged or quitting employee was, during 
 60.14  employment, entrusted with the collection, disbursement, or 
 60.15  handling of money or property, the employer shall have ten 
 60.16  secular days after the termination of the employment to audit 
 60.17  and adjust the accounts of the employee before the employee's 
 60.18  wages or commissions shall become due and payable, and the 
 60.19  penalty herein provided shall apply in such case only from the 
 60.20  date of demand made after the expiration of the period allowed 
 60.21  for audit and adjustment.  If, upon such audit and adjustment of 
 60.22  the accounts of the employee, it is found that any money or 
 60.23  property entrusted to the employee by the employer has not been 
 60.24  properly accounted for or paid over to the employer, as provided 
 60.25  by the terms of the contract of employment, the employee shall 
 60.26  not be entitled to the benefit of sections 181.13 to 181.17 
 60.27  181.171, but the claim for unpaid wages or commissions of such 
 60.28  employee, if any, shall be disposed of as provided by existing 
 60.29  law.  Wages and commissions paid under this section shall be 
 60.30  paid at the usual place of payment unless the employee requests 
 60.31  that the wages and commissions be sent to the employee through 
 60.32  the mails.  If, in accordance with a request by the employee, 
 60.33  the employee's wages and commissions are sent to the employee 
 60.34  through the mail, the wages and commissions shall be deemed to 
 60.35  have been paid as of the date of their postmark for the purposes 
 60.36  of this section.  
 61.1      Sec. 89.  Minnesota Statutes 1996, section 181.15, is 
 61.2   amended to read: 
 61.3      181.15 [WHEN EMPLOYEE NOT ENTITLED TO BENEFITS.] 
 61.4      No such servant or employee who hides or stays away to 
 61.5   avoid receiving payment, or refuses to receive the same when 
 61.6   fully tendered, shall be entitled to any benefit under sections 
 61.7   181.13 to 181.17 181.171 for such time as so avoiding payment; 
 61.8   provided, when any number of employees enter upon a strike the 
 61.9   wages due such striking employees at the time of entering upon 
 61.10  such strike shall not become due until the next regular pay day 
 61.11  after the commencement of such strike.  
 61.12     Sec. 90.  Minnesota Statutes 1996, section 181.16, is 
 61.13  amended to read: 
 61.14     181.16 [CONSTRUCTION OF SECTIONS 181.13 TO 181.17 181.171.] 
 61.15     Sections 181.13 to 181.17 181.171 shall not be construed to 
 61.16  apply to any employer or an individual, copartnership, or 
 61.17  corporation that is bankrupt, or where a receiver or trustee is 
 61.18  acting under the direction of the court.  Payment or tender by 
 61.19  check drawn on a bank situated in the county where a laborer is 
 61.20  employed shall be a sufficient payment or tender to comply with 
 61.21  the provisions of sections 181.13 to 181.17 181.171. 
 61.22     Sec. 91.  Minnesota Statutes 1996, section 183.57, 
 61.23  subdivision 2, is amended to read: 
 61.24     Subd. 2.  Every boiler or pressure vessel as to which any 
 61.25  insurance company authorized to do business in this state has 
 61.26  issued a policy of insurance, after the inspection thereof, is 
 61.27  exempt from inspection made under sections 183.375 to 183.62, 
 61.28  while the same continues to be insured and the person, firm, or 
 61.29  corporation owning or operating the same has an unexpired 
 61.30  certificate of exemption from inspection, issued by the chief 
 61.31  boiler inspector.  The fee set by the commissioner pursuant to 
 61.32  section 16A.128 16A.1285, on the first object inspected and on 
 61.33  each object thereafter shall apply to each exempt object.  A 
 61.34  certificate of exemption expires one year from date of issue.  
 61.35  The certificate of exemption shall be posted in a conspicuous 
 61.36  place near the boiler or pressure vessel or in the plant office 
 62.1   or boiler room described therein and to which it relates.  Every 
 62.2   insurance company shall give written notice to the chief boiler 
 62.3   inspector of the cancellation or expiration of every policy of 
 62.4   insurance issued by it with reference to policies in this state, 
 62.5   and the cause or reason for the cancellation or expiration.  
 62.6   These notices of cancellation or expiration shall show the date 
 62.7   of the policy and the date when the cancellation has or will 
 62.8   become effective. 
 62.9      Sec. 92.  Minnesota Statutes 1996, section 197.447, is 
 62.10  amended to read: 
 62.11     197.447 [VETERAN, DEFINED.] 
 62.12     The word "veteran" as used in Minnesota Statutes, except in 
 62.13  sections 136F.28, 196.21, 197.971, and 243.251, means a citizen 
 62.14  of the United States or a resident alien who has been separated 
 62.15  under honorable conditions from any branch of the armed forces 
 62.16  of the United States after having served on active duty for 181 
 62.17  consecutive days or by reason of disability incurred while 
 62.18  serving on active duty, or who has met the minimum active duty 
 62.19  requirement as defined by Code of Federal Regulations, title 38, 
 62.20  section 3.12a, or who has active military service certified 
 62.21  under section 401, Public Law Number 95-202.  The active 
 62.22  military service must be certified by the United States 
 62.23  Secretary of Defense as active military service and a discharge 
 62.24  under honorable conditions must be issued by the Secretary. 
 62.25     Sec. 93.  Minnesota Statutes 1996, section 214.01, 
 62.26  subdivision 2, is amended to read: 
 62.27     Subd. 2.  [HEALTH-RELATED LICENSING BOARD.] "Health-related 
 62.28  licensing board" means the board of examiners of nursing home 
 62.29  administrators established pursuant to section 144A.19, the 
 62.30  board of medical practice created pursuant to section 147.01, 
 62.31  the board of nursing created pursuant to section 148.181, the 
 62.32  board of chiropractic examiners established pursuant to section 
 62.33  148.02, the board of optometry established pursuant to section 
 62.34  148.52, the board of psychology established pursuant to section 
 62.35  148.90, the board of social work licensing board pursuant to 
 62.36  section 148B.19, the board of marriage and family therapy 
 63.1   pursuant to section 148B.30, the office of mental health 
 63.2   practice established pursuant to section 148B.61, the chemical 
 63.3   dependency counseling alcohol and drug counselors licensing 
 63.4   advisory council established pursuant to section 148C.02, the 
 63.5   board of dietetics and nutrition practice established under 
 63.6   section 148.622, the board of dentistry established pursuant to 
 63.7   section 150A.02, the board of pharmacy established pursuant to 
 63.8   section 151.02, the board of podiatric medicine established 
 63.9   pursuant to section 153.02, and the board of veterinary 
 63.10  medicine, established pursuant to section 156.01. 
 63.11     Sec. 94.  [REPEALER; SECTION 216C.06, SUBDIVISIONS 10 AND 
 63.12  11.] 
 63.13     Minnesota Statutes 1996, section 216C.06, subdivisions 10 
 63.14  and 11, are repealed. 
 63.15     Sec. 95.  Minnesota Statutes 1996, section 216C.35, is 
 63.16  amended to read: 
 63.17     216C.35 [PRIORITIES FOR FUNDING.] 
 63.18     All applications for funding shall be made to the 
 63.19  commissioner.  Applications shall be accompanied by a report on 
 63.20  the energy using characteristics of the building and any other 
 63.21  information the commissioner may reasonably require.  A school 
 63.22  or local government may apply to the commissioner to receive 
 63.23  reimbursement for up to the reasonable costs of mini-audits or 
 63.24  maxi-audits performed pursuant to section 216C.23 or 216C.24. In 
 63.25  the event that the applicant receives federal money pursuant to 
 63.26  the National Energy Conservation Policy Act, Public Law Number 
 63.27  95-619 that is intended to be used to pay part or all of the 
 63.28  costs of a mini-audit or maxi-audit, the applicant shall receive 
 63.29  state money, which, when combined with federal money received, 
 63.30  equals the reasonable costs of the mini-audit or maxi-audit. 
 63.31     Sec. 96.  Minnesota Statutes 1996, section 244.17, 
 63.32  subdivision 2, is amended to read: 
 63.33     Subd. 2.  [ELIGIBILITY.] The commissioner must limit the 
 63.34  challenge incarceration program to the following persons: 
 63.35     (1) offenders who are committed to the commissioner's 
 63.36  custody following revocation of a stayed sentence; and 
 64.1      (2) offenders who are committed to the commissioner's 
 64.2   custody, who have 36 months or less in or remaining in their 
 64.3   term of imprisonment, and who did not receive a dispositional 
 64.4   departure under the sentencing guidelines. 
 64.5   An eligible inmate is not entitled The commissioner shall 
 64.6   select inmates who meet eligibility requirements to participate 
 64.7   in the program. 
 64.8      Sec. 97.  Minnesota Statutes 1996, section 245.462, 
 64.9   subdivision 16, is amended to read: 
 64.10     Subd. 16.  [MENTAL HEALTH FUNDS.] "Mental health funds" are 
 64.11  funds expended under sections 245.73 and 256E.12, federal mental 
 64.12  health block grant funds, and funds expended under 
 64.13  sections section 256D.06 and 256D.37 to facilities licensed 
 64.14  under Minnesota Rules, parts 9520.0500 to 9520.0690. 
 64.15     Sec. 98.  Minnesota Statutes 1996, section 245.4881, 
 64.16  subdivision 2, is amended to read: 
 64.17     Subd. 2.  [NOTIFICATION AND DETERMINATION OF CASE 
 64.18  MANAGEMENT ELIGIBILITY.] (a) The county board shall notify, as 
 64.19  appropriate, the child, child's parent, or child's legal 
 64.20  representative of the child's potential eligibility for case 
 64.21  management services within five working days after receiving a 
 64.22  request from an individual or a referral from a provider under 
 64.23  section 245.4876, subdivision 4.  
 64.24     (b) The county board shall send a notification written in 
 64.25  plain language of potential eligibility for case management and 
 64.26  family community support services.  The notification shall 
 64.27  identify the designated case management providers and shall 
 64.28  contain: 
 64.29     (1) a brief description of case management and family 
 64.30  community support services; 
 64.31     (2) the potential benefits of these services; 
 64.32     (3) the identity and current phone number of the county 
 64.33  employee designated to coordinate case management activities; 
 64.34     (4) an explanation of how to obtain county assistance in 
 64.35  obtaining a diagnostic assessment, if needed; and 
 64.36     (5) an explanation of the appeal process. 
 65.1      The county board shall send the notice, as appropriate, to 
 65.2   the child, the child's parent, or the child's legal 
 65.3   representative, if any.  
 65.4      (c) The county board must promptly determine whether a 
 65.5   child who requests or is referred for case management services 
 65.6   meets the criteria of section 245.471 or 245.4871, subdivision 
 65.7   6.  If a diagnostic assessment is needed to make the 
 65.8   determination, the county board must offer to assist the child 
 65.9   and the child's family in obtaining one.  The county board shall 
 65.10  notify, in writing, the child and the child's representative, if 
 65.11  any, of the eligibility determination.  If the child is 
 65.12  determined to be eligible for case management services, and if 
 65.13  the child and the child's family consent to the services, the 
 65.14  county board shall refer the child to the case management 
 65.15  provider for case management services.  If the child is 
 65.16  determined not to be eligible or refuses case management 
 65.17  services, the county board shall notify the child of the appeal 
 65.18  process and shall offer to refer the child to a mental health 
 65.19  provider or other appropriate service provider and to assist the 
 65.20  child in making an appointment with the provider of the child's 
 65.21  choice. 
 65.22     Sec. 99.  Minnesota Statutes 1996, section 252.40, is 
 65.23  amended to read: 
 65.24     252.40 [SERVICE PRINCIPLES AND RATE-SETTING PROCEDURES FOR 
 65.25  DAY TRAINING AND HABILITATION SERVICES FOR ADULTS WITH MENTAL 
 65.26  RETARDATION AND RELATED CONDITIONS.] 
 65.27     Sections 252.40 to 252.47 252.46 apply to day training and 
 65.28  habilitation services for adults with mental retardation and 
 65.29  related conditions when the services are authorized to be funded 
 65.30  by a county and provided under a contract between a county board 
 65.31  and a vendor as defined in section 252.41.  Nothing in sections 
 65.32  252.40 to 252.47 252.46 absolves intermediate care facilities 
 65.33  for persons with mental retardation or related conditions of the 
 65.34  responsibility for providing active treatment and habilitation 
 65.35  under federal regulations with which those facilities must 
 65.36  comply to be certified by the Minnesota department of health. 
 66.1      Sec. 100.  Minnesota Statutes 1996, section 252.41, 
 66.2   subdivision 1, is amended to read: 
 66.3      Subdivision 1.  [SCOPE.] The definitions in this section 
 66.4   apply to sections 252.40 to 252.47 252.46. 
 66.5      Sec. 101.  Minnesota Statutes 1996, section 252.43, is 
 66.6   amended to read: 
 66.7      252.43 [COMMISSIONER'S DUTIES.] 
 66.8      The commissioner shall supervise county boards' provision 
 66.9   of day training and habilitation services to adults with mental 
 66.10  retardation and related conditions.  The commissioner shall: 
 66.11     (1) determine the need for day training and habilitation 
 66.12  services under section 252.28; 
 66.13     (2) approve payment rates established by a county under 
 66.14  section 252.46, subdivision 1; 
 66.15     (3) adopt rules for the administration and provision of day 
 66.16  training and habilitation services under sections 252.40 to 
 66.17  252.47 252.46 and sections 245A.01 to 245A.16 and 252.28, 
 66.18  subdivision 2; 
 66.19     (4) enter into interagency agreements necessary to ensure 
 66.20  effective coordination and provision of day training and 
 66.21  habilitation services; 
 66.22     (5) monitor and evaluate the costs and effectiveness of day 
 66.23  training and habilitation services; and 
 66.24     (6) provide information and technical help to county boards 
 66.25  and vendors in their administration and provision of day 
 66.26  training and habilitation services. 
 66.27     Sec. 102.  Minnesota Statutes 1996, section 252.46, 
 66.28  subdivision 1, is amended to read: 
 66.29     Subdivision 1.  [RATES.] (a) Payment rates to vendors, 
 66.30  except regional centers, for county-funded day training and 
 66.31  habilitation services and transportation provided to persons 
 66.32  receiving day training and habilitation services established by 
 66.33  a county board are governed by subdivisions 2 to 19.  The 
 66.34  commissioner shall approve the following three payment rates for 
 66.35  services provided by a vendor: 
 66.36     (1) a full-day service rate for persons who receive at 
 67.1   least six service hours a day, including the time it takes to 
 67.2   transport the person to and from the service site; 
 67.3      (2) a partial-day service rate that must not exceed 75 
 67.4   percent of the full-day service rate for persons who receive 
 67.5   less than a full day of service; and 
 67.6      (3) a transportation rate for providing, or arranging and 
 67.7   paying for, transportation of a person to and from the person's 
 67.8   residence to the service site.  
 67.9      (b) The commissioner may also approve an hourly job-coach, 
 67.10  follow-along rate for services provided by one employee at or en 
 67.11  route to or from community locations to supervise, support, and 
 67.12  assist one person receiving the vendor's services to learn 
 67.13  job-related skills necessary to obtain or retain employment when 
 67.14  and where no other persons receiving services are present and 
 67.15  when all the following criteria are met: 
 67.16     (1) the vendor requests and the county recommends the 
 67.17  optional rate; 
 67.18     (2) the service is prior authorized by the county on the 
 67.19  Medicaid Management Information System for no more than 414 
 67.20  hours in a 12-month period and the daily per person charge to 
 67.21  medical assistance does not exceed the vendor's approved full 
 67.22  day plus transportation rates; 
 67.23     (3) separate full day, partial day, and transportation 
 67.24  rates are not billed for the same person on the same day; 
 67.25     (4) the approved hourly rate does not exceed the sum of the 
 67.26  vendor's current average hourly direct service wage, including 
 67.27  fringe benefits and taxes, plus a component equal to the 
 67.28  vendor's average hourly nondirect service wage expenses; and 
 67.29     (5) the actual revenue received for provision of hourly 
 67.30  job-coach, follow-along services is subtracted from the vendor's 
 67.31  total expenses for the same time period and those adjusted 
 67.32  expenses are used for determining recommended full day and 
 67.33  transportation payment rates under subdivision 5 in accordance 
 67.34  with the limitations in subdivision 3. 
 67.35     (c) Medical assistance rates for home and community-based 
 67.36  service provided under section 256B.501, subdivision 4, by 
 68.1   licensed vendors of day training and habilitation services must 
 68.2   not be greater than the rates for the same services established 
 68.3   by counties under sections 252.40 to 252.47 252.46.  For very 
 68.4   dependent persons with special needs the commissioner may 
 68.5   approve an exception to the approved payment rate under section 
 68.6   256B.501, subdivision 4 or 8. 
 68.7      Sec. 103.  Minnesota Statutes 1996, section 252.50, 
 68.8   subdivision 6, is amended to read: 
 68.9      Subd. 6.  [RATES FOR STATE-OPERATED, COMMUNITY-BASED 
 68.10  PROGRAMS FOR PERSONS WITH MENTAL RETARDATION.] State-operated, 
 68.11  community-based programs that meet the definition of a facility 
 68.12  in Minnesota Rules, part 9553.0020, subpart 19, must be 
 68.13  reimbursed consistent with Minnesota Rules, parts 9553.0010 to 
 68.14  9553.0080.  State-operated, community-based programs that meet 
 68.15  the definition of vendor in section 252.41, subdivision 9, must 
 68.16  be reimbursed consistent with the rate setting procedures in 
 68.17  sections 252.41 to 252.47 252.46 and Minnesota Rules, parts 
 68.18  9525.1200 to 9525.1330.  This subdivision does not operate to 
 68.19  abridge the statutorily created pension rights of state 
 68.20  employees or collective bargaining agreements reached pursuant 
 68.21  to chapter 179A. 
 68.22     Sec. 104.  Minnesota Statutes 1996, section 256B.04, 
 68.23  subdivision 2, is amended to read: 
 68.24     Subd. 2.  Make uniform rules, not inconsistent with law, 
 68.25  for carrying out and enforcing the provisions hereof in an 
 68.26  efficient, economical, and impartial manner, and to the end that 
 68.27  the medical assistance system may be administered uniformly 
 68.28  throughout the state, having regard for varying costs of medical 
 68.29  care in different parts of the state and the conditions in each 
 68.30  case, and in all things to carry out the spirit and purpose of 
 68.31  this program, which rules shall be made with the approval of the 
 68.32  attorney general on form and legality, shall be furnished 
 68.33  immediately to all county agencies, and shall be binding on such 
 68.34  county agencies. 
 68.35     Sec. 105.  Minnesota Statutes 1996, section 257.41, is 
 68.36  amended to read: 
 69.1      257.41 [FINANCIAL RESPONSIBILITY.] 
 69.2      Financial responsibility for any child placed pursuant to 
 69.3   the provisions of the interstate compact on the placement of 
 69.4   children shall be determined in accordance with the provisions 
 69.5   of article 5 thereof in the first instance.  However, in the 
 69.6   event of partial or complete default of performance thereunder, 
 69.7   the provisions of sections 518C.01 to 518C.36 518C.101 to 
 69.8   518C.902 also may be invoked. 
 69.9      Sec. 106.  Minnesota Statutes 1996, section 260.161, 
 69.10  subdivision 3, is amended to read: 
 69.11     Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
 69.12  for records relating to an offense where proceedings are public 
 69.13  under section 260.155, subdivision 1, peace officers' records of 
 69.14  children who are or may be delinquent or who may be engaged in 
 69.15  criminal acts shall be kept separate from records of persons 18 
 69.16  years of age or older and are private data but shall be 
 69.17  disseminated:  (1) by order of the juvenile court, (2) as 
 69.18  required by section 126.036, (3) as authorized under section 
 69.19  13.82, subdivision 2, (4) to the child or the child's parent or 
 69.20  guardian unless disclosure of a record would interfere with an 
 69.21  ongoing investigation, or (5) as otherwise provided in this 
 69.22  subdivision.  Except as provided in paragraph (c), no 
 69.23  photographs of a child taken into custody may be taken without 
 69.24  the consent of the juvenile court unless the child is alleged to 
 69.25  have violated section 169.121 or 169.129.  Peace officers' 
 69.26  records containing data about children who are victims of crimes 
 69.27  or witnesses to crimes must be administered consistent with 
 69.28  section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
 69.29  violating any of the provisions of this subdivision shall be 
 69.30  guilty of a misdemeanor. 
 69.31     In the case of computerized records maintained about 
 69.32  juveniles by peace officers, the requirement of this subdivision 
 69.33  that records about juveniles must be kept separate from adult 
 69.34  records does not mean that a law enforcement agency must keep 
 69.35  its records concerning juveniles on a separate computer system.  
 69.36  Law enforcement agencies may keep juvenile records on the same 
 70.1   computer as adult records and may use a common index to access 
 70.2   both juvenile and adult records so long as the agency has in 
 70.3   place procedures that keep juvenile records in a separate place 
 70.4   in computer storage and that comply with the special data 
 70.5   retention and other requirements associated with protecting data 
 70.6   on juveniles. 
 70.7      (b) Nothing in this subdivision prohibits the exchange of 
 70.8   information by law enforcement agencies if the exchanged 
 70.9   information is pertinent and necessary to the requesting agency 
 70.10  in initiating, furthering, or completing a criminal 
 70.11  investigation. 
 70.12     (c) A photograph may be taken of a child taken into custody 
 70.13  pursuant to section 260.165, subdivision 1, clause (b), provided 
 70.14  that the photograph must be destroyed when the child reaches the 
 70.15  age of 19 years.  The commissioner of corrections may photograph 
 70.16  juveniles whose legal custody is transferred to the 
 70.17  commissioner.  Photographs of juveniles authorized by this 
 70.18  paragraph may be used only for institution management purposes, 
 70.19  case supervision by parole agents, and to assist law enforcement 
 70.20  agencies to apprehend juvenile offenders.  The commissioner 
 70.21  shall maintain photographs of juveniles in the same manner as 
 70.22  juvenile court records and names under this section. 
 70.23     (d) Traffic investigation reports are open to inspection by 
 70.24  a person who has sustained physical harm or economic loss as a 
 70.25  result of the traffic accident.  Identifying information on 
 70.26  juveniles who are parties to traffic accidents may be disclosed 
 70.27  as authorized under section 13.82, subdivision 4, and accident 
 70.28  reports required under section 169.09 may be released under 
 70.29  section 169.09, subdivision 13, unless the information would 
 70.30  identify a juvenile who was taken into custody or who is 
 70.31  suspected of committing an offense that would be a crime if 
 70.32  committed by an adult, or would associate a juvenile with the 
 70.33  offense, and the offense is not a minor an adult court traffic 
 70.34  offense under section 260.193. 
 70.35     (e) A law enforcement agency shall notify the principal or 
 70.36  chief administrative officer of a juvenile's school of an 
 71.1   incident occurring within the agency's jurisdiction if: 
 71.2      (1) the agency has probable cause to believe that the 
 71.3   juvenile has committed an offense that would be a crime if 
 71.4   committed as an adult, that the victim of the offense is a 
 71.5   student or staff member of the school, and that notice to the 
 71.6   school is reasonably necessary for the protection of the victim; 
 71.7   or 
 71.8      (2) the agency has probable cause to believe that the 
 71.9   juvenile has committed an offense described in subdivision 1b, 
 71.10  paragraph (a), clauses (1) to (3), that would be a crime if 
 71.11  committed by an adult, regardless of whether the victim is a 
 71.12  student or staff member of the school. 
 71.13     A law enforcement agency is not required to notify the 
 71.14  school under this paragraph if the agency determines that notice 
 71.15  would jeopardize an ongoing investigation.  Notwithstanding 
 71.16  section 138.17, data from a notice received from a law 
 71.17  enforcement agency under this paragraph must be destroyed when 
 71.18  the juvenile graduates from the school or at the end of the 
 71.19  academic year when the juvenile reaches age 23, whichever date 
 71.20  is earlier.  For purposes of this paragraph, "school" means a 
 71.21  public or private elementary, middle, or secondary school. 
 71.22     (f) In any county in which the county attorney operates or 
 71.23  authorizes the operation of a juvenile prepetition or pretrial 
 71.24  diversion program, a law enforcement agency or county attorney's 
 71.25  office may provide the juvenile diversion program with data 
 71.26  concerning a juvenile who is a participant in or is being 
 71.27  considered for participation in the program. 
 71.28     (g) Upon request of a local social service agency, peace 
 71.29  officer records of children who are or may be delinquent or who 
 71.30  may be engaged in criminal acts may be disseminated to the 
 71.31  agency to promote the best interests of the subject of the data. 
 71.32     Sec. 107.  Minnesota Statutes 1996, section 268.0124, is 
 71.33  amended to read: 
 71.34     268.0124 [PLAIN LANGUAGE IN WRITTEN MATERIALS.] 
 71.35     (a) To the extent reasonable and consistent with the goals 
 71.36  of providing easily understandable and readable materials and 
 72.1   complying with federal and state laws governing the programs, 
 72.2   all written materials relating to services and determinations of 
 72.3   eligibility for or amounts of benefits that will be given to 
 72.4   applicants for or recipients of assistance under a program 
 72.5   administered or supervised by the commissioner of economic 
 72.6   security must be understandable to a person of average 
 72.7   intelligence and education. 
 72.8      (b) All written materials relating to determinations of 
 72.9   eligibility for or amounts of benefits that will be given to 
 72.10  applicants for or recipients of assistance under programs 
 72.11  administered or supervised by the commissioner of economic 
 72.12  security must be developed to satisfy the plain language 
 72.13  requirements of the plain language contract act under sections 
 72.14  325G.29 to 325G.36.  Materials may be submitted to the attorney 
 72.15  general for review and certification.  Notwithstanding section 
 72.16  325G.35, subdivision 1, the attorney general shall review 
 72.17  submitted materials to determine whether they comply with the 
 72.18  requirements of section 325G.31.  The remedies available 
 72.19  pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to 
 72.20  these materials.  Failure to comply with this section does not 
 72.21  provide a basis for suspending the implementation or operation 
 72.22  of other laws governing programs administered by the 
 72.23  commissioner. 
 72.24     (c) The requirements of this section apply to all materials 
 72.25  modified or developed by the commissioner on or after July 1, 
 72.26  1988.  The requirements of this section do not apply to 
 72.27  materials that must be submitted to a federal agency for 
 72.28  approval, to the extent that application of the requirements 
 72.29  prevents federal approval. 
 72.30     (d) Nothing in this section may be construed to prohibit a 
 72.31  lawsuit brought to require the commissioner to comply with this 
 72.32  section or to affect individual appeal rights granted pursuant 
 72.33  to section 268.10. 
 72.34     Sec. 108.  Minnesota Statutes 1996, section 268.03, is 
 72.35  amended to read: 
 72.36     268.03 [DECLARATION OF PUBLIC POLICY.] 
 73.1      As a guide to the interpretation and application of 
 73.2   sections 268.03 to 268.31 268.30, the public policy of this 
 73.3   state is declared to be as follows:  Economic insecurity due to 
 73.4   unemployment is a serious menace to the health, morals, and 
 73.5   welfare of the people of this state.  Involuntary unemployment 
 73.6   is therefore a subject of general interest and concern which 
 73.7   requires appropriate action by the legislature to prevent its 
 73.8   spread and to lighten its burdens.  This can be provided by 
 73.9   encouraging employers to provide more stable employment and by 
 73.10  the systematic accumulation of funds during periods of 
 73.11  employment to provide benefits for periods of unemployment, thus 
 73.12  maintaining purchasing power and limiting the serious social 
 73.13  consequences of poor relief assistance.  The legislature, 
 73.14  therefore, declares that in its considered judgment the public 
 73.15  good and the general welfare of the citizens of this state will 
 73.16  be promoted by providing, under the police powers of the state 
 73.17  for the compulsory setting aside of unemployment reserves to be 
 73.18  used for the benefit of persons unemployed through no fault of 
 73.19  their own.  In recognition of its focus on returning the worker 
 73.20  to gainful employment, this program will be known in Minnesota 
 73.21  as "reemployment insurance." 
 73.22     Sec. 109.  Minnesota Statutes 1996, section 268.15, 
 73.23  subdivision 3, is amended to read: 
 73.24     Subd. 3.  [CONTINGENT ACCOUNT.] There is hereby created in 
 73.25  the state treasury a special account, to be known as the 
 73.26  economic security contingent account, which shall not lapse nor 
 73.27  revert to any other fund.  Such account shall consist of all 
 73.28  money appropriated therefor by the legislature, all money in the 
 73.29  form of interest and penalties collected pursuant to sections 
 73.30  268.16 and 268.18, and all money received in the form of 
 73.31  voluntary contributions to this account and interest thereon.  
 73.32  All money in such account shall be supplemental to all federal 
 73.33  money that would be available to the commissioner but for the 
 73.34  existence of this account.  Moneys in this account are hereby 
 73.35  appropriated to the commissioner and shall be available to the 
 73.36  commissioner for such expenditures as the commissioner may deem 
 74.1   necessary in connection with the administration of sections 
 74.2   268.04 to 268.231 268.23.  Whenever the commissioner expends 
 74.3   money from said contingent account for the proper and efficient 
 74.4   administration of the Minnesota economic security law for which 
 74.5   funds have not yet been made available by the federal 
 74.6   government, such money so withdrawn from the contingent account 
 74.7   shall be replaced as hereinafter provided.  Upon the deposit in 
 74.8   the economic security administration fund of moneys which are 
 74.9   received in reimbursement of payments made as above provided for 
 74.10  said contingent account, the commissioner shall certify to the 
 74.11  state treasurer the amount of such reimbursement and thereupon 
 74.12  the state treasurer shall transfer such amount from the economic 
 74.13  security administration fund to said contingent account.  All 
 74.14  money in this account shall be deposited, administered, and 
 74.15  disbursed in the same manner and under the same conditions and 
 74.16  requirements as is provided by law for the other special 
 74.17  accounts in the state treasury.  The state treasurer shall be 
 74.18  liable on the treasurer's official bond for the faithful 
 74.19  performance of duties in connection with the economic security 
 74.20  contingent account provided for herein.  Notwithstanding 
 74.21  anything to the contrary contained herein, on June 30 of each 
 74.22  year, except 1982, all amounts in excess of $300,000 in this 
 74.23  account shall be paid over to the reemployment insurance fund 
 74.24  established under section 268.05 and administered in accordance 
 74.25  with the provisions set forth therein. 
 74.26     Sec. 110.  Minnesota Statutes 1996, section 268.361, 
 74.27  subdivision 1, is amended to read: 
 74.28     Subdivision 1.  [TERMS.] For the purposes of sections 
 74.29  268.361 to 268.367 268.366, the following terms have the 
 74.30  meanings given them. 
 74.31     Sec. 111.  Minnesota Statutes 1996, section 272.12, is 
 74.32  amended to read: 
 74.33     272.12 [CONVEYANCES, TAXES PAID BEFORE RECORDING.] 
 74.34     When: 
 74.35     (a) a deed or other instrument conveying land, 
 74.36     (b) a plat of any town site or addition thereto, 
 75.1      (c) a survey required pursuant to section 508.47, 
 75.2      (d) a condominium plat subject to chapter 515 or 515A or a 
 75.3   declaration that contains such a plat, or 
 75.4      (e) a common interest community plat subject to chapter 
 75.5   515B or a declaration that contains such a plat, 
 75.6   is presented to the county auditor for transfer, the auditor 
 75.7   shall ascertain from the records if there be taxes delinquent 
 75.8   upon the land described therein, or if it has been sold for 
 75.9   taxes.  An assignment of a sheriff's or referee's certificate of 
 75.10  sale, when the certificate of sale describes real estate, and 
 75.11  certificates of redemption from mortgage or lien foreclosure 
 75.12  sales, when the certificate of redemption encompasses real 
 75.13  estate and is issued to a junior creditor, are considered 
 75.14  instruments conveying land for the purposes of this section and 
 75.15  section 272.121.  If there are taxes delinquent, the auditor 
 75.16  shall certify to the same; and upon payment of such taxes, or in 
 75.17  case no taxes are delinquent, shall transfer the land upon the 
 75.18  books of the auditor's office, and note upon the instrument, 
 75.19  over official signature, the words, "no delinquent taxes and 
 75.20  transfer entered," or, if the land described has been sold or 
 75.21  assigned to an actual purchaser for taxes, the words "paid by 
 75.22  sale of land described within;" and, unless such statement is 
 75.23  made upon such instrument, the county recorder or the registrar 
 75.24  of titles shall refuse to receive or record the same; provided, 
 75.25  that sheriff's or referees' certificates of sale on execution or 
 75.26  foreclosure of a lien or mortgage, certificates of redemption 
 75.27  from mortgage or lien foreclosure sales issued to the redeeming 
 75.28  mortgagor or lienee, deeds of distribution made by a personal 
 75.29  representative in probate proceedings, decrees and judgments, 
 75.30  receivers receipts, patents, and copies of town or statutory 
 75.31  city plats, in case the original plat filed in the office of the 
 75.32  county recorder has been lost or destroyed, and the instruments 
 75.33  releasing, removing and discharging reversionary and forfeiture 
 75.34  provisions affecting title to land and instruments releasing, 
 75.35  removing or discharging easement rights in land or building or 
 75.36  other restrictions, may be recorded without such certificate; 
 76.1   and, provided that instruments conveying land and, as 
 76.2   appurtenant thereto an easement over adjacent tract or tracts of 
 76.3   land, may be recorded without such certificate as to the land 
 76.4   covered by such easement; and provided further, that any 
 76.5   instrument granting an easement made in favor of any public 
 76.6   utility or pipe line for conveying gas, liquids or solids in 
 76.7   suspension, in the nature of a right of way over, along, across 
 76.8   or under a tract of land may be recorded without such 
 76.9   certificate as to the land covered by such easement.  Any 
 76.10  instrument amending or restating the declarations, bylaws, 
 76.11  plats, or other enabling documents governing homeowners 
 76.12  associations of condominiums, townhouses, common interest 
 76.13  ownership communities, and other planned unit developments may 
 76.14  be recorded without the auditor's certificate. 
 76.15     A deed of distribution made by a personal representative in 
 76.16  a probate proceeding, a decree, or a judgment that conveys land 
 76.17  shall be presented to the county auditor, who shall transfer the 
 76.18  land upon the books of the auditor's office and note upon the 
 76.19  instrument, over official signature, the words, "transfer 
 76.20  entered", and the instrument may then be recorded.  A decree or 
 76.21  judgment that affects title to land but does not convey land may 
 76.22  be recorded without presentation to the auditor. 
 76.23     A violation of this section by the county recorder or the 
 76.24  registrar of titles shall be a gross misdemeanor, and, in 
 76.25  addition to the punishment therefor, the recorder or registrar 
 76.26  shall be liable to the grantee of any instrument so recorded for 
 76.27  the amount of any damages sustained. 
 76.28     When, as a condition to permitting the recording of deed or 
 76.29  other instrument affecting the title to real estate previously 
 76.30  forfeited to the state under the provisions of sections 281.16 
 76.31  to 281.27 281.25, county officials, after such real estate has 
 76.32  been purchased or repurchased, have required the payment of 
 76.33  taxes erroneously assumed to have accrued against such real 
 76.34  estate after forfeiture and before the date of purchase or 
 76.35  repurchase, the sum required to be so paid shall be refunded to 
 76.36  the persons entitled thereto out of moneys in the funds in which 
 77.1   the sum so paid was placed.  Delinquent taxes are those taxes 
 77.2   deemed delinquent under section 279.02. 
 77.3      Sec. 112.  Minnesota Statutes 1996, section 273.1398, 
 77.4   subdivision 1, is amended to read: 
 77.5      Subdivision 1.  [DEFINITIONS.] (a) In this section, the 
 77.6   terms defined in this subdivision have the meanings given them. 
 77.7      (b) "Unique taxing jurisdiction" means the geographic area 
 77.8   subject to the same set of local tax rates. 
 77.9      (c) "Previous net tax capacity" means the product of the 
 77.10  appropriate net class rates for the year previous to the year in 
 77.11  which the aid is payable, and estimated market values for the 
 77.12  assessment two years prior to that in which aid is payable.  
 77.13  "Total previous net tax capacity" means the previous net tax 
 77.14  capacities for all property within the unique taxing 
 77.15  jurisdiction.  The total previous net tax capacity shall be 
 77.16  reduced by the sum of (1) the unique taxing jurisdiction's 
 77.17  previous net tax capacity of commercial-industrial property as 
 77.18  defined in section 473F.02, subdivision 3, or 276A.02 276A.01, 
 77.19  subdivision 3, multiplied by the ratio determined pursuant to 
 77.20  section 473F.08, subdivision 6, or 276A.06, subdivision 7, for 
 77.21  the municipality, as defined in section 473F.02, subdivision 8, 
 77.22  or 276A.06, subdivision 7 276A.01, subdivision 8, in which the 
 77.23  unique taxing jurisdiction is located, (2) the previous net tax 
 77.24  capacity of the captured value of tax increment financing 
 77.25  districts as defined in section 469.177, subdivision 2, and (3) 
 77.26  the previous net tax capacity of transmission lines deducted 
 77.27  from a local government's total net tax capacity under section 
 77.28  273.425.  Previous net tax capacity cannot be less than zero. 
 77.29     (d) "Equalized market values" are market values that have 
 77.30  been equalized by dividing the assessor's estimated market value 
 77.31  for the second year prior to that in which the aid is payable by 
 77.32  the assessment sales ratios determined by class in the 
 77.33  assessment sales ratio study conducted by the department of 
 77.34  revenue pursuant to section 124.2131 in the second year prior to 
 77.35  that in which the aid is payable.  The equalized market values 
 77.36  shall equal the unequalized market values divided by the 
 78.1   assessment sales ratio. 
 78.2      (e) "Equalized school levies" means the amounts levied for: 
 78.3      (1) general education under section 124A.23, subdivision 2; 
 78.4      (2) supplemental revenue under section 124A.22, subdivision 
 78.5   8a; 
 78.6      (3) transition revenue under section 124A.22, subdivision 
 78.7   13c; 
 78.8      (4) basic transportation under section 124.226, subdivision 
 78.9   1; and 
 78.10     (5) referendum revenue under section 124A.03. 
 78.11     (f) "Current local tax rate" means the quotient derived by 
 78.12  dividing the taxes levied within a unique taxing jurisdiction 
 78.13  for taxes payable in the year prior to that for which aids are 
 78.14  being calculated by the total previous net tax capacity of the 
 78.15  unique taxing jurisdiction.  
 78.16     (g) For purposes of calculating and allocating homestead 
 78.17  and agricultural credit aid authorized pursuant to subdivision 2 
 78.18  and the disparity reduction aid authorized in subdivision 3, 
 78.19  "gross taxes levied on all properties," "gross taxes," or "taxes 
 78.20  levied" means the total net tax capacity based taxes levied on 
 78.21  all properties except that levied on the captured value of tax 
 78.22  increment districts as defined in section 469.177, subdivision 
 78.23  2, and that levied on the portion of commercial industrial 
 78.24  properties' assessed value or gross tax capacity, as defined in 
 78.25  section 473F.02, subdivision 3, subject to the areawide tax as 
 78.26  provided in section 473F.08, subdivision 6, in a unique taxing 
 78.27  jurisdiction.  "Gross taxes" are before any reduction for 
 78.28  disparity reduction aid but "taxes levied" are after any 
 78.29  reduction for disparity reduction aid.  Gross taxes levied or 
 78.30  taxes levied cannot be less than zero.  
 78.31     "Taxes levied" excludes equalized school levies. 
 78.32     (h) "Household adjustment factor" means the number of 
 78.33  households for the second most recent year preceding that in 
 78.34  which the aids are payable divided by the number of households 
 78.35  for the third most recent year.  The household adjustment factor 
 78.36  cannot be less than one.  
 79.1      (i) "Growth adjustment factor" means the household 
 79.2   adjustment factor in the case of counties.  In the case of 
 79.3   cities, towns, school districts, and special taxing districts, 
 79.4   the growth adjustment factor equals one.  The growth adjustment 
 79.5   factor cannot be less than one.  
 79.6      (j) "Homestead and agricultural credit base" means the 
 79.7   previous year's certified homestead and agricultural credit aid 
 79.8   determined under subdivision 2 less any permanent aid reduction 
 79.9   in the previous year to homestead and agricultural credit aid.  
 79.10     (k) "Net tax capacity adjustment" means (1) the tax base 
 79.11  differential defined in subdivision 1a, multiplied by (2) the 
 79.12  unique taxing jurisdiction's current local tax rate.  The net 
 79.13  tax capacity adjustment cannot be less than zero. 
 79.14     (l) "Fiscal disparity adjustment" means a taxing 
 79.15  jurisdiction's fiscal disparity distribution levy under section 
 79.16  473F.08, subdivision 3, clause (a), or 276A.06, subdivision 3, 
 79.17  clause (a), for taxes payable in the year prior to that for 
 79.18  which aids are being calculated, multiplied by the ratio of the 
 79.19  tax base differential percent referenced in subdivision 1a for 
 79.20  the highest class rate for class 3 property for taxes payable in 
 79.21  the year prior to that for which aids are being calculated to 
 79.22  the highest class rate for class 3 property for taxes payable in 
 79.23  the second prior year to that for which aids are being 
 79.24  calculated.  In the case of school districts, the fiscal 
 79.25  disparity distribution levy shall exclude that part of the levy 
 79.26  attributable to equalized school levies. 
 79.27     Sec. 113.  [REPEALER; SECTION 273.1398 NOTE.] 
 79.28     The amendment to section 273.1398, subdivision 1, paragraph 
 79.29  (c), by Laws 1996, chapter 471, article 11, section 1, is 
 79.30  repealed. 
 79.31     Sec. 114.  Minnesota Statutes 1996, section 279.01, 
 79.32  subdivision 3, is amended to read: 
 79.33     Subd. 3.  In the case of class 1b agricultural homestead, 
 79.34  class 2a agricultural homestead property, and class 2b(2) 2b(3) 
 79.35  agricultural nonhomestead property, no penalties shall attach to 
 79.36  the second one-half property tax payment as provided in this 
 80.1   section if paid by November 15.  Thereafter for class 1b 
 80.2   agricultural homestead and class 2a homestead property, on 
 80.3   November 16 following, a penalty of six percent shall accrue and 
 80.4   be charged on all such unpaid taxes and on December 1 following, 
 80.5   an additional two percent shall be charged on all such unpaid 
 80.6   taxes.  Thereafter for class 2b(2) 2b(3) agricultural 
 80.7   nonhomestead property, on November 16 following, a penalty of 
 80.8   eight percent shall accrue and be charged on all such unpaid 
 80.9   taxes and on December 1 following, an additional four percent 
 80.10  shall be charged on all such unpaid taxes. 
 80.11     If the owner of class 1b agricultural homestead, class 2a, 
 80.12  or class 2b(2) 2b(3) agricultural property receives a 
 80.13  consolidated property tax statement that shows only an aggregate 
 80.14  of the taxes and special assessments due on that property and on 
 80.15  other property not classified as class 1b agricultural 
 80.16  homestead, class 2a, or class 2b(2) 2b(3) agricultural property, 
 80.17  the aggregate tax and special assessments shown due on the 
 80.18  property by the consolidated statement will be due on November 
 80.19  15 provided that at least 50 percent of the property's market 
 80.20  value is classified class 1b agricultural, class 2a, or 
 80.21  class 2b(2) 2b(3) agricultural. 
 80.22     Sec. 115.  Minnesota Statutes 1996, section 280.05, is 
 80.23  amended to read: 
 80.24     280.05 [PROHIBITED PURCHASERS.] 
 80.25     A county auditor, county treasurer, court administrator of 
 80.26  the district court, or county assessor, or deputy or clerk or 
 80.27  employee of such officer, and a commissioner for tax forfeited 
 80.28  lands or assistant to such commissioner, may not purchase at 
 80.29  such sale, or procure an assignment of the right acquired by the 
 80.30  state in lands bid in for it at such sale, as in this chapter 
 80.31  provided in sections 280.06 to 280.12 280.11, either personally, 
 80.32  or as agent or attorney for any other person, except that such 
 80.33  officer, deputy, court administrator, employee or commissioner 
 80.34  for tax forfeited lands or assistant to such commissioner, if an 
 80.35  owner or lienholder of the lands, may purchase the lands, or 
 80.36  procure such assignment of the state's right in such lands. 
 81.1      Sec. 116.  Minnesota Statutes 1996, section 280.28, 
 81.2   subdivision 2, is amended to read: 
 81.3      Subd. 2.  There shall be paid at the time of delivery by 
 81.4   the person to whom delivered for each certificate issued to an 
 81.5   actual purchaser under sections section 280.03 and 280.13 a fee 
 81.6   of $1 and for each notice of expiration of redemption prepared 
 81.7   by the auditor for the holder of a certificate a fee of $2.  
 81.8   These fees shall be paid to the county treasurer upon the 
 81.9   auditor's statement of the amount due.  The amount of such fees 
 81.10  shall be added to the amount payable under section 281.02 upon 
 81.11  redemption. 
 81.12     Sec. 117.  Minnesota Statutes 1996, section 280.33, is 
 81.13  amended to read: 
 81.14     280.33 [CERTIFICATES AND DEEDS AS EVIDENCE; GROUNDS FOR 
 81.15  SETTING ASIDE.] 
 81.16     The certificates and deeds issued pursuant to sections 
 81.17  280.03, and 280.11, 280.13, and 280.25, or the record thereof, 
 81.18  shall be prima facie evidence that the parcel described therein 
 81.19  was subject to taxation for the year or years therein stated; 
 81.20  that such parcel was listed and assessed at the time and in the 
 81.21  manner required by law; that the taxes were levied according to 
 81.22  law; that the judgment pursuant to which the sale was made was 
 81.23  duly entered, and that the court had jurisdiction to enter the 
 81.24  same; that all requirements of law with respect to the sale had 
 81.25  been complied with; that such parcel had not been redeemed from 
 81.26  the sale; and of title in the grantee therein after the time for 
 81.27  redemption has expired; provided, that when any such certificate 
 81.28  or deed embraces university, school, or other state lands, the 
 81.29  title whereof is in the state, no other or greater interest 
 81.30  shall be held to be thereby conveyed than that acquired under 
 81.31  the certificate of the commissioner of finance.  No sale shall 
 81.32  be set aside or held invalid by reason of any misrecitals in 
 81.33  such certificate or deed; nor unless the party objecting to the 
 81.34  same prove either that the taxes were paid before the judgment 
 81.35  was rendered, or that such parcel was exempt from taxation, or 
 81.36  that the court rendering the judgment pursuant to which the sale 
 82.1   was made had not jurisdiction to render the same, or that after 
 82.2   the judgment and before the sale such judgment had been 
 82.3   satisfied, or that notice of sale as required by this chapter 
 82.4   was not given, or that such parcel was not offered at such sale 
 82.5   to the bidder who would pay the amount for which the parcel was 
 82.6   to be sold at the lowest rate of interest, as provided in this 
 82.7   chapter; provided, that every judgment rendered against any 
 82.8   parcel for a tax which was paid before the entry thereof, or 
 82.9   when the land was exempt from taxation, shall be void, and all 
 82.10  sales made under any such judgment or under a judgment which has 
 82.11  been paid shall be void, and no title or interest in any parcel 
 82.12  sold under such judgment shall pass or be conveyed to any 
 82.13  purchaser at such sale.  In any action brought to set aside or 
 82.14  to cancel such sale, or in which the validity of such sale may 
 82.15  arise, the tax receipt, or the treasurer's duplicate thereof, or 
 82.16  other record of the payment of such tax in the office of the 
 82.17  county auditor or the county treasurer, shall be prima facie 
 82.18  evidence of such payment; but such payment shall not be 
 82.19  established by parol testimony only.  In such action, the county 
 82.20  in which the land is situated, or the state, if either claim any 
 82.21  interest in the land sold under such judgment, may be made a 
 82.22  party defendant, in which case the county attorney shall appear 
 82.23  in behalf of such county or state, or both. 
 82.24     Sec. 118.  Minnesota Statutes 1996, section 280.35, is 
 82.25  amended to read: 
 82.26     280.35 [INVALID CERTIFICATE.] 
 82.27     If any certificate issued pursuant to sections 280.03, and 
 82.28  280.11, and 280.13 to an actual purchaser prove to be invalid 
 82.29  for any other cause than that the land described therein was not 
 82.30  subject to taxation, or that the taxes had been paid prior to 
 82.31  the sale, or that the assessment or levy was void, the lien of 
 82.32  the state on the parcel of land sold, as provided in section 
 82.33  272.31 shall be transferred, without any act whatever, to, and 
 82.34  vested in, the holder of such certificate, or the holder's 
 82.35  personal representatives, heirs, or assigns.  Such holder, or 
 82.36  the personal representatives, heirs, or assigns of the holder, 
 83.1   may collect out of the property covered by such lien, by sale 
 83.2   thereof by foreclosure, or other proper action or proceeding, 
 83.3   the amount of taxes, penalties, and interest due thereon at the 
 83.4   time of such sale, with interest thereon at the rate of 12 
 83.5   percent per annum, together with the amount of all subsequent 
 83.6   taxes paid, with interest thereon at said rate, and the costs 
 83.7   and expenses of such action. 
 83.8      Sec. 119.  Minnesota Statutes 1996, section 281.16, is 
 83.9   amended to read: 
 83.10     281.16 [STATED PERIOD OF REDEMPTION.] 
 83.11     The term "stated period of redemption," as used in sections 
 83.12  281.16 to 281.27 281.25, means the period of time specified in 
 83.13  those sections or in any other law for redemption of lands from 
 83.14  any tax judgment sale, including any extension of the period 
 83.15  originally prescribed, but not including any further time 
 83.16  allowed for redemption on account of requirements for giving 
 83.17  notice of expiration. 
 83.18     Sec. 120.  Minnesota Statutes 1996, section 281.32, is 
 83.19  amended to read: 
 83.20     281.32 [LIMITATION OF TIME FOR FILING CERTIFICATE; 1925 AND 
 83.21  PRIOR YEARS.] 
 83.22     No notice of the expiration of the time of redemption upon 
 83.23  any certificate of tax judgment sale issued to an actual 
 83.24  purchaser shall be issued or served after the expiration of six 
 83.25  years from the date of the tax judgment sale described by any 
 83.26  such certificate, nor shall any such certificate be recorded in 
 83.27  the office of the county recorder or filed in the office of the 
 83.28  registrar of titles of the proper county after the expiration of 
 83.29  seven years from the date of such sale. 
 83.30     No notice of the expiration of the time of redemption upon 
 83.31  any state assignment certificate issued under the provisions of 
 83.32  section 280.11, or upon any certificate issued to an actual 
 83.33  purchaser at any forfeited tax sale held under the provisions of 
 83.34  sections 280.12, 280.13, and 280.25, shall be issued or served 
 83.35  after the expiration of six years from the date of such 
 83.36  certificate, nor shall any such certificate or deed issued 
 84.1   pursuant thereto be recorded in the office of the county 
 84.2   recorder after the expiration of seven years from the date of 
 84.3   such certificate. 
 84.4      All such certificates upon which such notice of expiration 
 84.5   of redemption shall not be issued and served and such 
 84.6   certificates recorded or filed in the office of the proper 
 84.7   county recorder or registrar of titles within the time limited 
 84.8   by this section shall be void and of no force and effect for any 
 84.9   purpose, and failure to serve such notice or record or file such 
 84.10  certificate within the time herein prescribed shall operate to 
 84.11  extinguish the lien of the purchaser for the taxes for the year 
 84.12  or years in such certificate described and appearing and the 
 84.13  lien of all subsequent taxes paid under such certificate. 
 84.14     Sec. 121.  Minnesota Statutes 1996, section 282.07, is 
 84.15  amended to read: 
 84.16     282.07 [AUDITOR TO CANCEL TAXES.] 
 84.17     Immediately after forfeiture to the state of any parcel of 
 84.18  land, as provided by sections 281.16 to 281.27 281.25, the 
 84.19  county auditor shall cancel all taxes and tax liens appearing 
 84.20  upon the records, both delinquent and current, and all special 
 84.21  assessments, delinquent or otherwise.  When the interest of a 
 84.22  purchaser of state trust fund land sold under certificate of 
 84.23  sale, or of the purchaser's heirs or assigns or successors in 
 84.24  interest, shall by reason of tax delinquency be transferred to 
 84.25  the state as provided by law, such interest shall pass to the 
 84.26  state free from any trust obligation to any taxing district and 
 84.27  free from all special assessments and such land shall become 
 84.28  unsold trust fund land. 
 84.29     Sec. 122.  Minnesota Statutes 1996, section 284.04, is 
 84.30  amended to read: 
 84.31     284.04 [ACTION TO QUIET TITLE.] 
 84.32     Any person holding a tax certificate issued under section 
 84.33  280.03, or 280.11, or 280.13 at any time after the expiration of 
 84.34  the period of redemption from the tax sale on which such 
 84.35  certificate was issued may commence an action in the district 
 84.36  court of the county where the land embraced in such certificate 
 85.1   lies, to quiet title thereto, without taking possession of such 
 85.2   land; and any person who claims or appears of record to have any 
 85.3   interest in or lien upon the same, or any part thereof, may be 
 85.4   made defendant.  At the time of the commencement of such action 
 85.5   the plaintiff shall file a notice of the pendency of the action 
 85.6   with the county recorder, as provided by law.  If it shall 
 85.7   appear that the plaintiff's title is invalid for any cause other 
 85.8   than one which renders the taxes embraced in such certificate 
 85.9   void, the court shall not dismiss such action, but ascertain the 
 85.10  amount due the plaintiff for all taxes, interest, penalties, and 
 85.11  costs embraced in such certificate, and of all subsequent taxes, 
 85.12  penalties, interests, and costs paid by the plaintiff or the 
 85.13  plaintiff's assignors, with interest thereon at the rate of 12 
 85.14  percent per annum from the date of such certificate or payment, 
 85.15  and adjudge the same to be a lien against such land in favor of 
 85.16  such holder, and direct a sale thereof to satisfy such judgment 
 85.17  and costs of sale.  All the provisions of sections 284.01 to 
 85.18  284.03, relating to the sales therein provided for and to 
 85.19  redemptions therefrom, shall be applicable to sales authorized 
 85.20  by this section. 
 85.21     Sec. 123.  Minnesota Statutes 1996, section 290.091, 
 85.22  subdivision 6, is amended to read: 
 85.23     Subd. 6.  [CREDIT FOR PRIOR YEARS' LIABILITY.] (a) A credit 
 85.24  is allowed against the tax imposed by this chapter on 
 85.25  individuals, trusts, and estates equal to the minimum tax credit 
 85.26  for the taxable year.  The minimum tax credit equals the 
 85.27  adjusted net minimum tax for taxable years beginning after 
 85.28  December 31, 1988, reduced by the minimum tax credits allowed in 
 85.29  a prior taxable year.  The credit may not exceed the excess (if 
 85.30  any) for the taxable year of 
 85.31     (1) the regular tax, over 
 85.32     (2) the greater of (i) the tentative alternative minimum 
 85.33  tax, or (ii) zero. 
 85.34     (b) The adjusted net minimum tax for a taxable year equals 
 85.35  the lesser of the net minimum tax or the excess (if any) of 
 85.36     (1) the tentative minimum tax, over 
 86.1      (2) seven percent of the sum of 
 86.2      (i) adjusted gross income as defined in section 62 of the 
 86.3   Internal Revenue Code, 
 86.4      (ii) interest income as defined in section 290.01, 
 86.5   subdivision 19a, clause (1), 
 86.6      (iii) interest on specified private activity bonds, as 
 86.7   defined in section 57(a)(5) of the Internal Revenue Code, to the 
 86.8   extent not included under clause (ii), 
 86.9      (iv) depletion as defined in section 57(a)(1), determined 
 86.10  without regard to the last sentence of paragraph (1), of the 
 86.11  Internal Revenue Code, less 
 86.12     (v) the deductions provided in subdivision 2, paragraph 
 86.13  (a), clauses (5), items (i), (ii), and (iii) (1), (2), and (3) 
 86.14  of the second series of clauses, and 
 86.15     (vi) the exemption amount determined under subdivision 3. 
 86.16     In the case of an individual who is not a Minnesota 
 86.17  resident for the entire year, adjusted net minimum tax must be 
 86.18  multiplied by the fraction defined in section 290.06, 
 86.19  subdivision 2c, paragraph (e).  In the case of a trust or 
 86.20  estate, adjusted net minimum tax must be multiplied by the 
 86.21  fraction defined under subdivision 4, paragraph (b). 
 86.22     Sec. 124.  Minnesota Statutes 1996, section 297A.259, is 
 86.23  amended to read: 
 86.24     297A.259 [LOTTERY TICKETS; IN LIEU TAX.] 
 86.25     Sales of state lottery tickets are exempt from the tax 
 86.26  imposed under section 297A.02.  The state lottery must on or 
 86.27  before the 20th day of each month transmit to the commissioner 
 86.28  of revenue an amount equal to the gross receipts from the sale 
 86.29  of lottery tickets for the previous month multiplied by the 
 86.30  combined tax rate under sections section 297A.02, subdivision 1, 
 86.31  and 297A.021, subdivision 1.  The resulting payment is in lieu 
 86.32  of the sales tax that otherwise would be imposed by this chapter.
 86.33  The commissioner shall deposit the money transmitted as provided 
 86.34  by section 297A.44 and the money must be treated as other 
 86.35  proceeds of the sales tax.  Gross receipts for purposes of this 
 86.36  section mean the proceeds of the sale of tickets before 
 87.1   deduction of a commission or other compensation paid to the 
 87.2   vendor or retailer for selling tickets. 
 87.3      Sec. 125.  Minnesota Statutes 1996, section 299C.11, is 
 87.4   amended to read: 
 87.5      299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 
 87.6      (a) The sheriff of each county and the chief of police of 
 87.7   each city of the first, second, and third classes shall furnish 
 87.8   the bureau, upon such form as the superintendent shall 
 87.9   prescribe, with such finger and thumb prints, photographs, 
 87.10  distinctive physical mark identification data, and other 
 87.11  identification data as may be requested or required by the 
 87.12  superintendent of the bureau, which may be taken under the 
 87.13  provisions of section 299C.10, of persons who shall be convicted 
 87.14  of a felony, gross misdemeanor, or who shall be found to have 
 87.15  been convicted of a felony or gross misdemeanor, within ten 
 87.16  years next preceding their arrest.  
 87.17     (b) No petition under chapter 609A is required if the 
 87.18  person has not been convicted of any felony or gross 
 87.19  misdemeanor, either within or without the state, within the 
 87.20  period of ten years immediately preceding the determination of 
 87.21  all pending criminal actions or proceedings in favor of the 
 87.22  arrested person, and either of the following occurred: 
 87.23     (1) all charges were dismissed prior to a determination of 
 87.24  probable cause; or 
 87.25     (2) the prosecuting authority declined to file any charges 
 87.26  and a grand jury did not return an indictment. 
 87.27     Where these conditions are met, the bureau or agency shall, 
 87.28  upon demand, return to the arrested person finger and thumb 
 87.29  prints, photographs, distinctive physical mark identification 
 87.30  data, and other identification data, and all copies and 
 87.31  duplicates of them. 
 87.32     (c) Except as otherwise provided in paragraph (b), upon the 
 87.33  determination of all pending criminal actions or proceedings in 
 87.34  favor of the arrested person, and the granting of the petition 
 87.35  of the arrested person under chapter 609A, the bureau shall seal 
 87.36  finger and thumb prints, photographs, distinctive physical mark 
 88.1   identification data, and other identification data, and all 
 88.2   copies and duplicates of them if the arrested person has not 
 88.3   been convicted of any felony or gross misdemeanor, either within 
 88.4   or without the state, within the period of ten years immediately 
 88.5   preceding such determination. 
 88.6      (d) DNA samples and DNA records of the arrested person 
 88.7   shall not be returned, sealed, or destroyed as to a charge 
 88.8   supported by probable cause.  
 88.9      (e) For purposes of this section, "determination of all 
 88.10  pending criminal actions or proceedings in favor of the arrested 
 88.11  person" does not include: 
 88.12     (1) the sealing of a criminal record pursuant to section 
 88.13  152.18, subdivision 1, 242.31, 609.168, or chapter 609A; 
 88.14     (2) the arrested person's successful completion of a 
 88.15  diversion program; 
 88.16     (3) an order of discharge under section 609.165; or 
 88.17     (4) a pardon granted under section 638.02. 
 88.18     Sec. 126.  Minnesota Statutes 1996, section 299F.46, 
 88.19  subdivision 1, is amended to read: 
 88.20     Subdivision 1.  [HOTEL INSPECTION.] (a) It shall be the 
 88.21  duty of the commissioner of public safety to inspect, or cause 
 88.22  to be inspected, at least once every three years, every hotel in 
 88.23  this state; and, for that purpose, the commissioner, or the 
 88.24  commissioner's deputies, or designated alternates or agents 
 88.25  shall have the right to enter or have access thereto at any 
 88.26  reasonable hour; and, when, upon such inspection, it shall be 
 88.27  found that the hotel so inspected does not conform to or is not 
 88.28  being operated in accordance with the provisions of sections 
 88.29  157.011 and 157.15 to 157.22, in so far as the same relate to 
 88.30  fire prevention or fire protection of hotels, or the rules 
 88.31  promulgated thereunder, or is being maintained or operated in 
 88.32  such manner as to violate the uniform fire code promulgated 
 88.33  pursuant to section 299F.011 or any other law of this state 
 88.34  relating to fire prevention and fire protection of hotels, the 
 88.35  commissioner and the deputies or designated alternates or agents 
 88.36  shall report such a situation to the hotel inspector who shall 
 89.1   proceed as provided for in sections 157.01 to 157.14 chapter 157.
 89.2      (b) The word "hotel", as used in this subdivision, has the 
 89.3   meaning given in section 299F.391. 
 89.4      Sec. 127.  Minnesota Statutes 1996, section 299L.02, 
 89.5   subdivision 1, is amended to read: 
 89.6      Subdivision 1.  [LOTTERY.] (a) The director shall when 
 89.7   required under chapter 349A or when requested by the director of 
 89.8   the lottery conduct background checks on employees of the state 
 89.9   lottery, lottery retailers, and bidders of lottery procurement 
 89.10  contracts.  
 89.11     (b) The director shall, when so requested by the director 
 89.12  of the state lottery or when the director believes it to be 
 89.13  reasonable and necessary, conduct investigations of lottery 
 89.14  retailers, applicants for lottery retailer contracts, suppliers 
 89.15  of goods or services to the state lottery, and persons bidding 
 89.16  on contracts for goods or services with the state lottery.  
 89.17     (c) The director shall conduct an annual security audit of 
 89.18  the state lottery, or arrange for such an audit by an outside 
 89.19  agency or person, firm, or corporation.  The director shall 
 89.20  report to the state lottery board and the director of the 
 89.21  lottery on the results of the audit. 
 89.22     Sec. 128.  Minnesota Statutes 1996, section 326.2421, 
 89.23  subdivision 2, is amended to read: 
 89.24     Subd. 2.  [EXEMPTION.] Except as provided in subdivision 3, 
 89.25  no person exempt under subdivision 1 or licensed pursuant to 
 89.26  subdivision 3 may be required to obtain any authorization, 
 89.27  permit, franchise, or license from, or pay any fee, franchise 
 89.28  tax, or other assessment to, any agency, department, board, or 
 89.29  political subdivision of the state as a condition for performing 
 89.30  any work described herein.  The requirements of this section 
 89.31  shall not apply to telephone companies as defined under section 
 89.32  237.01 nor to their employees, that are only engaged in the 
 89.33  laying out, installation, and repair of telephone systems. 
 89.34     Sec. 129.  Minnesota Statutes 1996, section 327A.08, is 
 89.35  amended to read: 
 89.36     327A.08 [LIMITATIONS.] 
 90.1      Notwithstanding any other provision of Laws 1981, chapter 
 90.2   119, sections 1 to 10 327A.01 to 327A.07:  
 90.3      (a) The terms of the home improvement warranties required 
 90.4   by Laws 1981, chapter 119, sections 1 to 10 327A.01 to 327A.07, 
 90.5   commence upon completion of the home improvement and the term 
 90.6   shall not be required to be renewed or extended if the home 
 90.7   improvement contractor performs additional improvements required 
 90.8   by warranty; 
 90.9      (b) The home improvement warranties required by Laws 1981, 
 90.10  chapter 119, sections 1 to 10 327A.01 to 327A.07, shall not 
 90.11  include products or materials installed that are already covered 
 90.12  by implied or written warranty; and 
 90.13     (c) The home improvement warranties required by Laws 1981, 
 90.14  chapter 119, sections 1 to 10 327A.01 to 327A.07, are intended 
 90.15  to be implied warranties imposing an affirmative obligation upon 
 90.16  home improvement contractors, and Laws 1981, chapter 119, 
 90.17  sections 1 to 10 327A.01 to 327A.07, do not require that written 
 90.18  warranty instruments be created and conveyed to the owner. 
 90.19     Sec. 130.  Minnesota Statutes 1996, section 345.48, 
 90.20  subdivision 1, is amended to read: 
 90.21     Subdivision 1.  All funds received under sections 345.31 to 
 90.22  345.60, including the proceeds from the sale of abandoned 
 90.23  property pursuant to section 345.47, shall forthwith be 
 90.24  deposited by the commissioner in the general fund of the state 
 90.25  after deduction of the fees and expenses provided for in section 
 90.26  345.485; except that unclaimed restitution payments held by a 
 90.27  court under section 345.38 shall be deposited in the crime 
 90.28  victim and witness account created in section 609.101, 
 90.29  subdivision 1 611A.612.  Before making the deposit the 
 90.30  commissioner shall record the name and last known address of 
 90.31  each person appearing from the holders' reports to be entitled 
 90.32  to the abandoned property and of the name and last known address 
 90.33  of each policyholder, insured person, or annuitant, and with 
 90.34  respect to each policy or contract listed in the report of a 
 90.35  life insurance corporation, its number, the name of the 
 90.36  corporation, and the amount due.  The record shall be available 
 91.1   for public inspection at all reasonable business hours. 
 91.2      Sec. 131.  Minnesota Statutes 1996, section 349.19, 
 91.3   subdivision 2a, is amended to read: 
 91.4      Subd. 2a.  [TAX REFUND AND CREDIT ACCOUNT.] (a) Each 
 91.5   organization that receives a refund or credit under section 
 91.6   297E.02, subdivision 4, paragraph (d), must establish a separate 
 91.7   account designated as the tax and credit refund account.  The 
 91.8   organization must (1) within four business days of receiving a 
 91.9   refund under that paragraph deposit the refund in the account, 
 91.10  and (2) within four business days of filing a tax return that 
 91.11  claims a credit under that paragraph, transfer from the separate 
 91.12  account established under subdivision 2 to the tax refund and 
 91.13  credit account an amount equal to the tax credit. 
 91.14     (b) The name and address of the bank, the account number 
 91.15  for the tax refund and credit account, and the names of 
 91.16  organization members authorized as signatories on the account 
 91.17  must be provided to the board within 30 days of the date when 
 91.18  the organization establishes the account.  Changes in the 
 91.19  information must be submitted to the board at least ten days 
 91.20  before the change is made. 
 91.21     (c) The organization may expend money in the account only 
 91.22  for lawful purposes, other than lawful purposes described in 
 91.23  section 349.012 349.12, subdivision 25, paragraph (a), clauses 
 91.24  (8), (9), and (12).  Amounts in the account must be spent for 
 91.25  qualifying lawful purposes no later than one year after the 
 91.26  refund is deposited. 
 91.27     Sec. 132.  Minnesota Statutes 1996, section 353.64, 
 91.28  subdivision 2, is amended to read: 
 91.29     Subd. 2.  Before a governing body may declare a position to 
 91.30  be that of a police officer, the duties of the person so 
 91.31  employed must, as a minimum, include employment as an officer of 
 91.32  a designated police department or sheriff's office or person in 
 91.33  charge of a designated police department or sheriff's office 
 91.34  whose primary job it is to enforce the law, who is licensed by 
 91.35  the Minnesota board of peace officer standards and training 
 91.36  under sections 626.84 to 626.855 626.863, who is engaged in the 
 92.1   hazards of protecting the safety and property of others, and who 
 92.2   has the power to arrest by warrant.  A police officer who is 
 92.3   periodically assigned to employment duties not within the scope 
 92.4   of this subdivision may contribute to the public employees 
 92.5   police and fire fund for all service, if a resolution declaring 
 92.6   that the primary position held by the person is that of a police 
 92.7   officer, is adopted by the governing body of the department, and 
 92.8   is promptly submitted to the executive director. 
 92.9      Sec. 133.  Minnesota Statutes 1996, section 353C.02, is 
 92.10  amended to read: 
 92.11     353C.02 [CORRECTIONAL SERVICE EMPLOYEES.] 
 92.12     A local government correctional service employee is a 
 92.13  person who: 
 92.14     (1) meets the definition of "essential employee" in section 
 92.15  179A.03, subdivision 7, excluding state employees, University of 
 92.16  Minnesota employees, firefighters, peace officers subject to 
 92.17  licensure under sections 626.84 to 626.855 626.863, employees of 
 92.18  hospitals other than state hospitals, confidential employees, 
 92.19  supervisory employees other than employees who supervise 
 92.20  correctional officers and who are stationed at correctional 
 92.21  facilities or city or county jails, principals, and assistant 
 92.22  principals; 
 92.23     (2) is employed by Dakota county, Hennepin county, Ramsey 
 92.24  county, or Washington county, if the county elects to 
 92.25  participate under section 353C.04 or by a joint-powers 
 92.26  correctional agency in which St. Louis county or its 
 92.27  municipalities participate, if the governing body of the agency 
 92.28  elects to participate under section 353C.04; 
 92.29     (3) is a public employee within the meaning of section 
 92.30  353.01, subdivisions 2 and 2a; and 
 92.31     (4) is not at the time of the exercise of the participation 
 92.32  option under section 353C.04 a member of the basic program of 
 92.33  the public employees retirement association or a member of the 
 92.34  public employees police and fire fund. 
 92.35     Sec. 134.  Minnesota Statutes 1996, section 354.66, 
 92.36  subdivision 4, is amended to read: 
 93.1      Subd. 4.  [RETIREMENT CONTRIBUTIONS.] Notwithstanding any 
 93.2   provision to the contrary in this chapter relating to the salary 
 93.3   figure to be used for the determination of contributions or the 
 93.4   accrual of service credit, a teacher assigned to a part-time 
 93.5   position under this section shall continue to make employee 
 93.6   contributions to and to accrue allowable service credit in the 
 93.7   retirement fund during the period of part-time employment on the 
 93.8   same basis and in the same amounts as would have been paid and 
 93.9   accrued if the teacher had been employed on a full-time basis 
 93.10  provided that, prior to June 30 each year, or within 30 days 
 93.11  after notification by the association of the amount due, 
 93.12  whichever is later, the member and the employing board make that 
 93.13  portion of the required employer contribution to the retirement 
 93.14  fund, in any proportion which they may agree upon, that is based 
 93.15  on the difference between the amount of compensation that would 
 93.16  have been paid if the teacher had been employed on a full-time 
 93.17  basis and the amount of compensation actually received by the 
 93.18  teacher for the services rendered in the part-time assignment.  
 93.19  The employing unit shall make that portion of the required 
 93.20  employer contributions to the retirement fund on behalf of the 
 93.21  teacher that is based on the amount of compensation actually 
 93.22  received by the teacher for the services rendered in the 
 93.23  part-time assignment in the manner described in section 354.43, 
 93.24  subdivision 3.  The employee and employer contributions shall be 
 93.25  based upon the rates of contribution prescribed by section 
 93.26  354.42.  Full accrual of allowable service credit and employee 
 93.27  contributions for part-time teaching service pursuant to this 
 93.28  section and section 354A.094 shall not continue for a period 
 93.29  longer than ten years. 
 93.30     Sec. 135.  Minnesota Statutes 1996, section 383B.78, 
 93.31  subdivision 3, is amended to read: 
 93.32     Subd. 3.  [REGULATORY ORDINANCES.] (a) The governing bodies 
 93.33  of counties having a population of more than 450,000, and all 
 93.34  cities and towns located in the counties may, by ordinance, 
 93.35  resolution, or bylaw, regulate the use of public bathing beaches 
 93.36  and public waters where a public bathing beach immediately 
 94.1   borders for the purpose of bathing, swimming, or congregating 
 94.2   with others, within their respective territorial limits, in a 
 94.3   manner that is not inconsistent with this section.  
 94.4      (b) If a governing body determines that the safety, health, 
 94.5   morals, or general welfare of the public require, the governing 
 94.6   body may, by ordinance, resolution, or bylaw, provide that a 
 94.7   public bathing beach is closed to bathing, swimming, and 
 94.8   congregating after 9:00 a.m. p.m. 
 94.9      Sec. 136.  Minnesota Statutes 1996, section 383D.35, is 
 94.10  amended to read: 
 94.11     383D.35 [PROTECTION OF RIGHTS UNDER STATE AND FEDERAL 
 94.12  LAWS.] 
 94.13     Subdivision 1.  Nothing in sections 383D.21 to 383D.34 
 94.14  383D.33 shall be construed to permit or encourage any action or 
 94.15  conduct prohibited by the Minnesota human rights act or prohibit 
 94.16  recourse to any remedies provided in the Minnesota human rights 
 94.17  act or any other state or federal law relating to equal 
 94.18  employment opportunities.  The provisions of those laws shall 
 94.19  continue to apply to county employment generally, including 
 94.20  positions excluded from the jurisdiction of the county personnel 
 94.21  administration system. 
 94.22     Subd. 2.  Nothing in sections 383D.21 to 383D.34 383D.33 
 94.23  shall be construed to affect the rights and obligations of an 
 94.24  employee or employer under sections 179A.01 to 179A.25, or the 
 94.25  provisions of a contract or agreement executed pursuant to them. 
 94.26     Subd. 3.  Any employee in the unclassified service may be 
 94.27  demoted or removed from the employee's position in the 
 94.28  unclassified service without cause and at the discretion and 
 94.29  pleasure of the appointing authority, but, unless otherwise 
 94.30  provided by law, no permanent county employee, who has 
 94.31  successfully completed the employee's probationary period of 
 94.32  employment with the county, shall be dismissed from employment 
 94.33  with the county without the establishment of just cause.  For 
 94.34  purposes of this subdivision, just cause includes, but is not 
 94.35  limited to, failure to perform assigned duties, substandard 
 94.36  performance, misconduct, insubordination, and violation of 
 95.1   written policies and procedures. 
 95.2      Sec. 137.  Minnesota Statutes 1996, section 390.35, is 
 95.3   amended to read: 
 95.4      390.35 [ELECTION TO FOLLOW SIMPLIFIED INVESTIGATION.] 
 95.5      Sections 390.31 to 390.35 apply only to counties in which 
 95.6   the county board elects to be bound by them in lieu of other law 
 95.7   relating to coroners.  In a county in which sections 390.31 to 
 95.8   390.35 apply, the county board may by resolution resume death 
 95.9   investigations under sections 390.005 to 390.26 390.25.  The 
 95.10  board shall then fill the office of coroner as provided by 
 95.11  section 390.005. 
 95.12     Sec. 138.  Minnesota Statutes 1996, section 412.191, 
 95.13  subdivision 1, is amended to read: 
 95.14     Subdivision 1.  [COMPOSITION.] The city council in a 
 95.15  standard plan city shall consist of the mayor, the clerk, and 
 95.16  the three or five council members.  In optional plan cities, 
 95.17  except those cities having a larger council under repealed 
 95.18  section 412.023, subdivision 4, the council shall consist of the 
 95.19  mayor and the four council members.  A majority of all the 
 95.20  members shall constitute a quorum although a smaller number may 
 95.21  adjourn from time to time. 
 95.22     Sec. 139.  Minnesota Statutes 1996, section 412.581, is 
 95.23  amended to read: 
 95.24     412.581 [OFFICERS.] 
 95.25     In any city operating under Optional Plan A except a city 
 95.26  having a larger council under repealed section 412.023, 
 95.27  subdivision 4, the council shall be composed of five or seven 
 95.28  members consisting, except during the initial period of its 
 95.29  operation as provided in section 412.571, of the mayor and four 
 95.30  or six council members and, except as provided in that section, 
 95.31  the clerk and treasurer or clerk-treasurer shall be appointed by 
 95.32  the council for indefinite terms.  
 95.33     Sec. 140.  Minnesota Statutes 1996, section 412.631, is 
 95.34  amended to read: 
 95.35     412.631 [COMPOSITION OF COUNCIL.] 
 95.36     In any city operating under Optional Plan B, the council 
 96.1   shall, except as provided in sections repealed section 412.023, 
 96.2   subdivision 4, and section 412.571, be composed of a mayor and 
 96.3   four or six council members. 
 96.4      Sec. 141.  Minnesota Statutes 1996, section 422A.01, 
 96.5   subdivision 18, is amended to read: 
 96.6      Subd. 18.  [LICENSED PEACE OFFICER.] "Licensed peace 
 96.7   officer," for purposes of section 422A.151, means an employee of 
 96.8   the metropolitan airports commission who was employed by the 
 96.9   commission before June 30, 1978, and whose employment duties 
 96.10  include, at a minimum, full-time service as an officer whose 
 96.11  primary job it is to enforce the law, who is licensed by the 
 96.12  Minnesota board of peace officer standards and training under 
 96.13  sections 626.84 to 626.855 626.863, who is engaged in the 
 96.14  hazards of protecting the safety and property of others, and who 
 96.15  has the power to arrest by warrant. 
 96.16     Sec. 142.  Minnesota Statutes 1996, section 427.02, is 
 96.17  amended to read: 
 96.18     427.02 [DEPOSITORIES.] 
 96.19     The council of any city in this state, but not including 
 96.20  cities when governed under a charter adopted under and pursuant 
 96.21  to the Constitution of the state of Minnesota, article IV, 
 96.22  section 36, and sections 410.03 to 410.24, and 441.01 to 441.09, 
 96.23  and all acts supplemental thereto, in which charter the matter 
 96.24  of designating depositories for city funds and the protection 
 96.25  thereof is provided for, or in which charter it shall hereafter 
 96.26  be provided for, shall have the power and authority to designate 
 96.27  or redesignate at the beginning of each calendar year, or from 
 96.28  time to time, the banks or other legal depositories of any city 
 96.29  in which the treasurer of the city shall deposit and keep the 
 96.30  moneys of the city, designating in each instance the maximum 
 96.31  amount which may at any time be kept in any one of these 
 96.32  depositories, which maximum amount shall in no case exceed 25 
 96.33  percent of the paid-up capital and surplus of the depository, 
 96.34  unless the depository shall deposit with the treasurer of the 
 96.35  city United States government bonds to secure the deposit of the 
 96.36  funds of the city; and, in that event, the amount so deposited 
 97.1   shall not exceed the amount of the United States government 
 97.2   bonds so deposited.  No depository shall deposit United States 
 97.3   government bonds which mature within one year from the date such 
 97.4   bonds were first considered as a part of the bank's reserve and 
 97.5   which reserves are required by section 48.221.  The council of 
 97.6   each city shall, at all times, designate depositories in the 
 97.7   city, or elsewhere in the United States, sufficient for the 
 97.8   depository of all funds which are likely to be in the hands of 
 97.9   the treasurer of the city at any one time and shall, so far as 
 97.10  consistent with the best interest of the city, designate these 
 97.11  depositories in the city and require from these depositories 
 97.12  good and sufficient bonds payable to the city in a penal sum not 
 97.13  to exceed the amount designated as the limit of deposit therein, 
 97.14  and conditioned for the safekeeping and payment of funds so 
 97.15  deposited, or, in lieu thereof, good and sufficient collateral 
 97.16  as provided for by section 118A.03. 
 97.17     Sec. 143.  [REPEALER; SECTIONS 466.01, SUBDIVISIONS 4 AND 
 97.18  5.] 
 97.19     Minnesota Statutes 1996, section 466.01, subdivisions 4 and 
 97.20  5, are repealed. 
 97.21     Sec. 144.  Minnesota Statutes 1996, section 466.03, 
 97.22  subdivision 6d, is amended to read: 
 97.23     Subd. 6d.  [LICENSING OF PROVIDERS.] A claim against a 
 97.24  municipality based on the failure of a provider to meet the 
 97.25  standards needed for a license to operate a day care facility, 
 97.26  as defined in section 245.782, subdivision 5, under chapter 245A 
 97.27  for children, unless the municipality had actual knowledge of a 
 97.28  failure to meet licensing standards that resulted in a dangerous 
 97.29  condition that foreseeably threatened the plaintiff. 
 97.30     Sec. 145.  [REPEALER; SECTION 469.033 NOTE.] 
 97.31     Laws 1994, chapter 416, article 1, section 47, is repealed. 
 97.32     Sec. 146.  Minnesota Statutes 1996, section 469.078, 
 97.33  subdivision 1, is amended to read: 
 97.34     Subdivision 1.  [MAY USE CHAPTER 458 POWERS GRANTED BY 1980 
 97.35  LAW.] The city of Minneapolis may exercise those powers of a 
 97.36  governmental agency or subdivision in sections 469.048 to 
 98.1   469.068 granted to it by Laws 1980, chapter 595. 
 98.2      Sec. 147.  [REPEALER; SECTION 469.121 NOTE.] 
 98.3      Laws 1989, chapter 209, article 2, section 42, is repealed. 
 98.4      Sec. 148.  Minnesota Statutes 1996, section 469.141, 
 98.5   subdivision 3, is amended to read: 
 98.6      Subd. 3.  [WATER WELL REGULATION.] Cities may prohibit, 
 98.7   restrict, control, and require permits for drilling of water 
 98.8   wells as defined in section 156A.02 103I.005, but the 
 98.9   construction and abandonment of water wells is governed 
 98.10  by sections 156A.01 to 156A.10 chapter 103I. 
 98.11     Sec. 149.  Minnesota Statutes 1996, section 469.173, 
 98.12  subdivision 7, is amended to read: 
 98.13     Subd. 7.  [REPEALER APPLICATION.] Sections 469.169, 
 98.14  469.171, 469.172, and this section are effective remain in 
 98.15  effect only for border city enterprise zones and only until the 
 98.16  enterprise zone is terminated by resolution adopted by the city 
 98.17  in which the border city enterprise zone is located.  For all 
 98.18  other enterprise zones, sections 469.169, 469.171, 469.172, and 
 98.19  this section are repealed effective no longer in effect after 
 98.20  December 31, 1996. 
 98.21     Sec. 150.  Minnesota Statutes 1996, section 471.9981, 
 98.22  subdivision 1, is amended to read: 
 98.23     Subdivision 1.  [1988 REPORT.] A home rule charter or 
 98.24  statutory city or county, referred to in this section as a 
 98.25  "governmental subdivision," that employs ten or more people and 
 98.26  that did not submit a report according to repealed section 
 98.27  471.998, shall submit the report by October 1, 1988, to the 
 98.28  commissioner of employee relations. 
 98.29     The plan for implementing equitable compensation for the 
 98.30  employees must provide for complete implementation not later 
 98.31  than December 31, 1991, unless a later date has been approved by 
 98.32  the commissioner.  If a report was filed before October 1, 1987, 
 98.33  and had an implementation date after December 31, 1991, the date 
 98.34  in the report shall be approved by the commissioner.  The plan 
 98.35  need not contain a market study. 
 98.36     Sec. 151.  [REPEALER; SECTION 471A.02, SUBDIVISIONS 2 AND 
 99.1   15.] 
 99.2      Minnesota Statutes 1996, section 471A.02, subdivisions 2 
 99.3   and 15, are repealed. 
 99.4      Sec. 152.  [REPEALER; SECTION 473.13 NOTE.] 
 99.5      Laws 1994, chapter 416, article 1, section 51, is repealed. 
 99.6      Sec. 153.  Minnesota Statutes 1996, section 473.206, is 
 99.7   amended to read: 
 99.8      473.206 [LOCAL ORDINANCES.] 
 99.9      Each county, city or town in the metropolitan area shall be 
 99.10  provided with standards, criteria and suggested model ordinances 
 99.11  and may, after review and comment by the metropolitan council, 
 99.12  adopt ordinances which provide for the protection of the 
 99.13  resources described in section 473.204 that are the subject of 
 99.14  the standards, criteria, and model ordinances. 
 99.15     Sec. 154.  Minnesota Statutes 1996, section 473.208, is 
 99.16  amended to read: 
 99.17     473.208 [COOPERATION.] 
 99.18     In adopting and enforcing the ordinances for which 
 99.19  standards and criteria are provided by sections 473.204 to 
 99.20  473.208 section 473.206, counties, cities and towns shall 
 99.21  consult and cooperate with affected soil and water conservation 
 99.22  districts, watershed districts, and lake conservation districts 
 99.23  on matters of common concern. 
 99.24     Sec. 155.  [REPEALER; SECTION 473.445 NOTE.] 
 99.25     Laws 1994, chapter 411, section 4, is repealed. 
 99.26     Sec. 156.  [REPEALER; SECTION 473.638, SUBDIVISION 1.] 
 99.27     Minnesota Statutes 1996, section 473.638, subdivision 1, is 
 99.28  repealed. 
 99.29     Sec. 157.  Minnesota Statutes 1996, section 473.638, 
 99.30  subdivision 2, is amended to read: 
 99.31     Subd. 2.  [RETENTION OR SALE OF PROPERTY.] The commission 
 99.32  may retain any property now owned by it or acquired under 
 99.33  subdivision 1 and use it for a lawful purpose, or it may provide 
 99.34  for the sale or other disposition of the property in accordance 
 99.35  with a redevelopment plan in the same manner and upon the same 
 99.36  terms as the housing and redevelopment authority and governing 
100.1   body of a municipality under the provisions of section 469.029, 
100.2   all subject to the provisions of section 473.636, subdivision 2, 
100.3   or to existing land use and development control measures 
100.4   approved by the council. 
100.5      Sec. 158.  [REPEALER; SECTION 473.639.] 
100.6      Minnesota Statutes 1996, section 473.639, is repealed. 
100.7      Sec. 159.  [REPEALER; SECTION 473.711 NOTE.] 
100.8      Laws 1994, chapter 416, article 1, section 56, is repealed. 
100.9      Sec. 160.  Minnesota Statutes 1996, section 473.859, 
100.10  subdivision 2, is amended to read: 
100.11     Subd. 2.  [LAND USE PLAN.] A land use plan shall include 
100.12  the water management plan required by section 103B.235, and 
100.13  shall designate the existing and proposed location, intensity 
100.14  and extent of use of land and water, including lakes, wetlands, 
100.15  rivers, streams, natural drainage courses, and adjoining land 
100.16  areas that affect water natural resources, for agricultural, 
100.17  residential, commercial, industrial and other public and private 
100.18  purposes, or any combination of such purposes.  A land use plan 
100.19  shall contain a protection element, as appropriate, for historic 
100.20  sites, the matters listed in the water management plan required 
100.21  by section 103B.235, and the matters listed in section 473.204, 
100.22  and an element for protection and development of access to 
100.23  direct sunlight for solar energy systems.  A land use plan shall 
100.24  also include a housing element containing standards, plans and 
100.25  programs for providing adequate housing opportunities to meet 
100.26  existing and projected local and regional housing needs, 
100.27  including but not limited to the use of official controls and 
100.28  land use planning to promote the availability of land for the 
100.29  development of low and moderate income housing. 
100.30     Sec. 161.  Minnesota Statutes 1996, section 475.51, 
100.31  subdivision 9, is amended to read: 
100.32     Subd. 9.  [GOVERNING BODY.] "Governing body" means the 
100.33  board, council, commission, or other body of the municipality 
100.34  charged with the general control of its financial affairs; 
100.35  provided, that where any charter or law confers bond issuing 
100.36  power on a particular board or body of a municipality, such 
101.1   board or body is the governing body under the provisions of 
101.2   sections 475.51 to 475.75 475.74. 
101.3      Sec. 162.  Minnesota Statutes 1996, section 475.53, 
101.4   subdivision 1, is amended to read: 
101.5      Subdivision 1.  [GENERALLY.] Except as otherwise provided 
101.6   in sections 475.51 to 475.75 475.74, no municipality, except a 
101.7   school district or a city of the first class, shall incur or be 
101.8   subject to a net debt in excess of two percent of the market 
101.9   value of taxable property in the municipality. 
101.10     Sec. 163.  Minnesota Statutes 1996, section 475.57, is 
101.11  amended to read: 
101.12     475.57 [INITIATION OF PROCEEDINGS; RESOLUTION.] 
101.13     Proceedings for issuing bonds under sections 475.51 to 
101.14  475.75 475.74 shall be initiated by a resolution of the 
101.15  governing body of the municipality stating the amount proposed 
101.16  to be borrowed and the purpose for which the debt is to be 
101.17  incurred.  Such resolution may provide for the submission of the 
101.18  question to vote of the electors.  A town board may adopt such 
101.19  resolution without a statement for special town meeting being 
101.20  filed with the clerk.  
101.21     Sec. 164.  Minnesota Statutes 1996, section 475.61, 
101.22  subdivision 2, is amended to read: 
101.23     Subd. 2.  [FILING; CERTIFICATION; ASSESSMENT; EXTENSION.] 
101.24  The recording officer of the municipality shall file in the 
101.25  office of the county auditor of each county in which any part of 
101.26  the municipality is located a certified copy of the resolution, 
101.27  together with full information regarding the obligations for 
101.28  which the tax is levied.  No further action by the municipality 
101.29  is required to authorize the extension, assessment and 
101.30  collection of the tax, but the municipality's liability on the 
101.31  obligations is not limited thereto and its governing body shall 
101.32  levy and cause to be extended, assessed and collected any 
101.33  additional taxes found necessary for full payment of the 
101.34  principal and interest.  The county auditor shall forthwith 
101.35  certify to the municipality that the obligations have been 
101.36  entered in the register required by sections 475.51 to 475.75 
102.1   475.74 and that the tax levy required by sections 475.51 
102.2   to 475.75 475.74 has been made.  The auditor shall annually 
102.3   assess and extend upon the tax rolls the amount specified for 
102.4   such year in the resolution, unless the amount has been reduced 
102.5   as authorized below or, if the municipality is located in more 
102.6   than one county, the portion thereof which bears the same ratio 
102.7   to the whole amount as the net tax capacity of taxable property 
102.8   in that part of the municipality located in the auditor's county 
102.9   bears to the net tax capacity of all taxable property in the 
102.10  municipality. 
102.11     Sec. 165.  Minnesota Statutes 1996, section 480.242, 
102.12  subdivision 2, is amended to read: 
102.13     Subd. 2.  [REVIEW OF APPLICATIONS; SELECTION OF 
102.14  RECIPIENTS.] At times and in accordance with any procedures as 
102.15  the supreme court adopts in the form of court rules, 
102.16  applications for the expenditure of civil legal services funds 
102.17  shall be accepted from qualified legal services programs or from 
102.18  local government agencies and nonprofit organizations seeking to 
102.19  establish qualified alternative dispute resolution programs.  
102.20  The applications shall be reviewed by the advisory committee, 
102.21  and the advisory committee, subject to review by the supreme 
102.22  court, shall distribute the funds received pursuant to section 
102.23  480.241, subdivision 2, available for this expenditure to 
102.24  qualified legal services programs or to qualified alternative 
102.25  dispute resolution programs submitting applications.  The funds 
102.26  shall be distributed in accordance with the following formula:  
102.27     (a) Eighty-five percent of the funds distributed shall be 
102.28  distributed to qualified legal services programs that have 
102.29  demonstrated an ability as of July 1, 1982, to provide legal 
102.30  services to persons unable to afford private counsel with funds 
102.31  provided by the federal Legal Services Corporation.  The 
102.32  allocation of funds among the programs selected shall be based 
102.33  upon the number of persons with incomes below the poverty level 
102.34  established by the United States Census Bureau who reside in the 
102.35  geographical area served by each program, as determined by the 
102.36  supreme court on the basis of the most recent national census.  
103.1   All funds distributed pursuant to this clause shall be used for 
103.2   the provision of legal services in civil and farm legal 
103.3   assistance matters as prioritized by program boards of directors 
103.4   to eligible clients. 
103.5      (b) Fifteen percent of the funds distributed may be 
103.6   distributed (1) to other qualified legal services programs for 
103.7   the provision of legal services in civil matters to eligible 
103.8   clients, including programs which organize members of the 
103.9   private bar to perform services and programs for qualified 
103.10  alternative dispute resolution, (2) to programs for training 
103.11  mediators operated by nonprofit alternative dispute resolution 
103.12  corporations, or (3) to qualified legal services programs to 
103.13  provide family farm legal assistance for financially distressed 
103.14  state farmers.  The family farm legal assistance must be 
103.15  directed at farm financial problems including, but not limited 
103.16  to, liquidation of farm property including bankruptcy, farm 
103.17  foreclosure, repossession of farm assets, restructuring or 
103.18  discharge of farm debt, farm credit and general debtor-creditor 
103.19  relations, and tax considerations.  If all the funds to be 
103.20  distributed pursuant to this clause cannot be distributed 
103.21  because of insufficient acceptable applications, the remaining 
103.22  funds shall be distributed pursuant to clause (a). 
103.23     A person is eligible for legal assistance under this 
103.24  section if the person is an eligible client as defined in 
103.25  section 480.24, subdivision 2, or: 
103.26     (1) is a state resident; 
103.27     (2) is or has been a farmer or a family shareholder of a 
103.28  family farm corporation within the preceding 24 months; 
103.29     (3) has a debt-to-asset ratio greater than 50 percent; 
103.30     (4) has a reportable federal adjusted gross income of 
103.31  $15,000 or less in the previous year; and 
103.32     (5) is financially unable to retain legal representation. 
103.33     Qualifying farmers and small business operators whose bank 
103.34  loans are held by the Federal Deposit Insurance Corporation are 
103.35  eligible for legal assistance under this section. 
103.36     Sec. 166.  Minnesota Statutes 1996, section 500.24, 
104.1   subdivision 3, is amended to read: 
104.2      Subd. 3.  [CORPORATE FARMING, AG LAND OWNERSHIP 
104.3   RESTRICTED.] No corporation, limited liability company, pension 
104.4   or investment fund, or limited partnership shall engage in 
104.5   farming; nor shall any corporation, limited liability company, 
104.6   pension or investment fund, or limited partnership, directly or 
104.7   indirectly, own, acquire, or otherwise obtain an interest, 
104.8   whether legal, beneficial or otherwise, in any title to real 
104.9   estate used for farming or capable of being used for farming in 
104.10  this state.  Livestock that are delivered for slaughter or 
104.11  processing may be fed and cared for by a corporation up to 20 
104.12  days prior to slaughter or processing.  Provided, however, that 
104.13  the restrictions in this subdivision do not apply to 
104.14  corporations or partnerships in clause (b) and do not apply to 
104.15  corporations, limited partnerships, and pension or investment 
104.16  funds that record its name and the particular exception under 
104.17  clauses (a) to (s) (r) under which the agricultural land is 
104.18  owned or farmed, have a conservation plan prepared for the 
104.19  agricultural land, report as required under subdivision 4, and 
104.20  satisfy one of the following conditions under clauses (a) 
104.21  to (s) (r): 
104.22     (a) a bona fide encumbrance taken for purposes of security; 
104.23     (b) a family farm corporation, an authorized farm 
104.24  corporation, a family farm partnership, or an authorized farm 
104.25  partnership as defined in subdivision 2 or a general 
104.26  partnership; 
104.27     (c) agricultural land and land capable of being used for 
104.28  farming owned by a corporation as of May 20, 1973, or a pension 
104.29  or investment fund as of May 12, 1981, including the normal 
104.30  expansion of such ownership at a rate not to exceed 20 percent 
104.31  of the amount of land owned as of May 20, 1973, or, in the case 
104.32  of a pension or investment fund, as of May 12, 1981, measured in 
104.33  acres, in any five-year period, and including additional 
104.34  ownership reasonably necessary to meet the requirements of 
104.35  pollution control rules; 
104.36     (d) agricultural land operated for research or experimental 
105.1   purposes with the approval of the commissioner of agriculture, 
105.2   provided that any commercial sales from the operation must be 
105.3   incidental to the research or experimental objectives of the 
105.4   corporation.  A corporation, limited partnership, or pension or 
105.5   investment fund seeking to operate agricultural land for 
105.6   research or experimental purposes must submit to the 
105.7   commissioner a prospectus or proposal of the intended method of 
105.8   operation, containing information required by the commissioner 
105.9   including a copy of any operational contract with individual 
105.10  participants, prior to initial approval of an operation.  A 
105.11  corporation, limited partnership, or pension or investment fund 
105.12  operating agricultural land for research or experimental 
105.13  purposes prior to May 1, 1988, must comply with all requirements 
105.14  of this clause except the requirement for initial approval of 
105.15  the project; 
105.16     (e) agricultural land operated by a corporation or limited 
105.17  partnership for the purpose of raising breeding stock, including 
105.18  embryos, for resale to farmers or operated for the purpose of 
105.19  growing seed, wild rice, nursery plants or sod.  An entity that 
105.20  is organized to raise livestock other than dairy cattle under 
105.21  this clause that does not meet the definition requirement for an 
105.22  authorized farm corporation must: 
105.23     (1) sell all castrated animals to be fed out or finished to 
105.24  farming operations that are neither directly nor indirectly 
105.25  owned by the business entity operating the breeding stock 
105.26  operation; and 
105.27     (2) report its total production and sales annually to the 
105.28  commissioner of agriculture; 
105.29     (f) agricultural land and land capable of being used for 
105.30  farming leased by a corporation or limited partnership in an 
105.31  amount, measured in acres, not to exceed the acreage under lease 
105.32  to such corporation as of May 20, 1973, or to the limited 
105.33  partnership as of May 1, 1988, and the additional acreage 
105.34  required for normal expansion at a rate not to exceed 20 percent 
105.35  of the amount of land leased as of May 20, 1973, for a 
105.36  corporation or May 1, 1988, for a limited partnership in any 
106.1   five-year period, and the additional acreage reasonably 
106.2   necessary to meet the requirements of pollution control rules; 
106.3      (g) agricultural land when acquired as a gift (either by 
106.4   grant or a devise) by an educational, religious, or charitable 
106.5   nonprofit corporation or by a pension or investment fund or 
106.6   limited partnership; provided that all lands so acquired by a 
106.7   pension or investment fund, and all lands so acquired by a 
106.8   corporation or limited partnership which are not operated for 
106.9   research or experimental purposes, or are not operated for the 
106.10  purpose of raising breeding stock for resale to farmers or 
106.11  operated for the purpose of growing seed, wild rice, nursery 
106.12  plants or sod must be disposed of within ten years after 
106.13  acquiring title thereto; 
106.14     (h) agricultural land acquired by a pension or investment 
106.15  fund or a corporation other than a family farm corporation or 
106.16  authorized farm corporation, as defined in subdivision 2, or a 
106.17  limited partnership other than a family farm partnership or 
106.18  authorized farm partnership as defined in subdivision 2, for 
106.19  which the corporation or limited partnership has documented 
106.20  plans to use and subsequently uses the land within six years 
106.21  from the date of purchase for a specific nonfarming purpose, or 
106.22  if the land is zoned nonagricultural, or if the land is located 
106.23  within an incorporated area.  A pension or investment fund or a 
106.24  corporation or limited partnership may hold such agricultural 
106.25  land in such acreage as may be necessary to its nonfarm business 
106.26  operation; provided, however, that pending the development of 
106.27  agricultural land for nonfarm purposes, such land may not be 
106.28  used for farming except under lease to a family farm unit, a 
106.29  family farm corporation, an authorized farm corporation, a 
106.30  family farm partnership, or an authorized farm partnership, or 
106.31  except when controlled through ownership, options, leaseholds, 
106.32  or other agreements by a corporation which has entered into an 
106.33  agreement with the United States of America pursuant to the New 
106.34  Community Act of 1968 (Title IV of the Housing and Urban 
106.35  Development Act of 1968, United States Code, title 42, sections 
106.36  3901 to 3914) as amended, or a subsidiary or assign of such a 
107.1   corporation; 
107.2      (i) agricultural lands acquired by a pension or investment 
107.3   fund or a corporation or limited partnership by process of law 
107.4   in the collection of debts, or by any procedure for the 
107.5   enforcement of a lien or claim thereon, whether created by 
107.6   mortgage or otherwise; provided, however, that all lands so 
107.7   acquired be disposed of within ten years after acquiring the 
107.8   title if acquired before May 1, 1988, and five years after 
107.9   acquiring the title if acquired on or after May 1, 1988, 
107.10  acquiring the title thereto, and further provided that the land 
107.11  so acquired shall not be used for farming during the ten-year or 
107.12  five-year period except under a lease to a family farm unit, a 
107.13  family farm corporation, an authorized farm corporation, a 
107.14  family farm partnership, or an authorized farm partnership.  The 
107.15  aforementioned ten-year or five-year limitation period shall be 
107.16  deemed a covenant running with the title to the land against any 
107.17  grantee, assignee, or successor of the pension or investment 
107.18  fund, corporation, or limited partnership.  Notwithstanding the 
107.19  five-year divestiture requirement under this clause, a financial 
107.20  institution may continue to own the agricultural land if the 
107.21  agricultural land is leased to the immediately preceding former 
107.22  owner, but must divest of the agricultural land within the 
107.23  ten-year period.  Livestock acquired by a pension or investment 
107.24  fund, corporation, or limited partnership in the collection of 
107.25  debts, or by a procedure for the enforcement of lien or claim on 
107.26  the livestock whether created by security agreement or otherwise 
107.27  after August 1, 1994, must be sold or disposed of within one 
107.28  full production cycle for the type of livestock acquired or 18 
107.29  months after the livestock is acquired, whichever is later; 
107.30     (j) agricultural land acquired by a corporation regulated 
107.31  under the provisions of Minnesota Statutes 1974, chapter 216B, 
107.32  for purposes described in that chapter or by an electric 
107.33  generation or transmission cooperative for use in its business, 
107.34  provided, however, that such land may not be used for farming 
107.35  except under lease to a family farm unit, a family farm 
107.36  corporation, or a family farm partnership; 
108.1      (k) agricultural land, either leased or owned, totaling no 
108.2   more than 2,700 acres, acquired after May 20, 1973, for the 
108.3   purpose of replacing or expanding asparagus growing operations, 
108.4   provided that such corporation had established 2,000 acres of 
108.5   asparagus production; 
108.6      (l) all agricultural land or land capable of being used for 
108.7   farming which was owned or leased by an authorized farm 
108.8   corporation as defined in Minnesota Statutes 1974, section 
108.9   500.24, subdivision 1, clause (d), but which does not qualify as 
108.10  an authorized farm corporation as defined in subdivision 2, 
108.11  clause (d); 
108.12     (m) a corporation formed primarily for religious purposes 
108.13  whose sole income is derived from agriculture; 
108.14     (n) agricultural land owned or leased by a corporation 
108.15  prior to August 1, 1975, which was exempted from the restriction 
108.16  of this subdivision under the provisions of Laws 1973, chapter 
108.17  427, including normal expansion of such ownership or leasehold 
108.18  interest to be exercised at a rate not to exceed 20 percent of 
108.19  the amount of land owned or leased on August 1, 1975, in any 
108.20  five-year period and the additional ownership reasonably 
108.21  necessary to meet requirements of pollution control rules; 
108.22     (o) agricultural land owned or leased by a corporation 
108.23  prior to August 1, 1978, including normal expansion of such 
108.24  ownership or leasehold interest, to be exercised at a rate not 
108.25  to exceed 20 percent of the amount of land owned or leased on 
108.26  August 1, 1978, and the additional ownership reasonably 
108.27  necessary to meet requirements of pollution control rules, 
108.28  provided that nothing herein shall reduce any exemption 
108.29  contained under the provisions of Laws 1975, chapter 324, 
108.30  section 1, subdivision 2; 
108.31     (p) an interest in the title to agricultural land acquired 
108.32  by a pension fund or family trust established by the owners of a 
108.33  family farm, authorized farm corporation or family farm 
108.34  corporation, but limited to the farm on which one or more of 
108.35  those owners or shareholders have resided or have been actively 
108.36  engaged in farming as required by subdivision 2, clause (b), 
109.1   (c), or (d); 
109.2      (q) agricultural land owned by a nursing home located in a 
109.3   city with a population, according to the state demographer's 
109.4   1985 estimate, between 900 and 1,000, in a county with a 
109.5   population, according to the state demographer's 1985 estimate, 
109.6   between 18,000 and 19,000, if the land was given to the nursing 
109.7   home as a gift with the expectation that it would not be sold 
109.8   during the donor's lifetime.  This exemption is available until 
109.9   July 1, 1995; 
109.10     (r) the acreage of agricultural land and land capable of 
109.11  being used for farming owned and recorded by an authorized farm 
109.12  corporation as defined in Minnesota Statutes 1986, section 
109.13  500.24, subdivision 2, paragraph (d), or a limited partnership 
109.14  as of May 1, 1988, including the normal expansion of the 
109.15  ownership at a rate not to exceed 20 percent of the land owned 
109.16  and recorded as of May 1, 1988, measured in acres, in any 
109.17  five-year period, and including additional ownership reasonably 
109.18  necessary to meet the requirements of pollution control 
109.19  rules; or 
109.20     (s) (r) agricultural land owned or leased as a necessary 
109.21  part of an aquatic farm as defined in section 17.47, subdivision 
109.22  3. 
109.23     Sec. 167.  Minnesota Statutes 1996, section 508A.01, 
109.24  subdivision 3, is amended to read: 
109.25     Subd. 3.  [DEFINITION.] For the purposes of sections 
109.26  508A.01 to 508A.85, the term "possessory estate in land" means a 
109.27  fee simple estate held by an owner who (1) has been found on 
109.28  examination by the examiner of titles pursuant to section 
109.29  508A.13 to be the record owner of the land described; and (2) 
109.30  has satisfied the examiner of titles that the owner is in actual 
109.31  or constructive possession of the land described. 
109.32     Sec. 168.  Minnesota Statutes 1996, section 524.2-402, is 
109.33  amended to read: 
109.34     524.2-402 [DESCENT OF HOMESTEAD.] 
109.35     (a) If there is a surviving spouse, the homestead, 
109.36  including a manufactured home which is the family residence, 
110.1   descends free from any testamentary or other disposition of it 
110.2   to which the spouse has not consented in writing or as provided 
110.3   by law, as follows: 
110.4      (1) if there is no surviving descendant of decedent, to the 
110.5   spouse; or 
110.6      (2) if there are surviving descendants of decedent, then to 
110.7   the spouse for the term of the spouse's natural life and the 
110.8   remainder in equal shares to the decedent's descendants by 
110.9   representation. 
110.10     (b) If there is no surviving spouse and the homestead has 
110.11  not been disposed of by will it descends as other real estate. 
110.12     (c) If the homestead passes by descent or will to the 
110.13  spouse or decedent's descendants, it is exempt from all debts 
110.14  which were not valid charges on it at the time of decedent's 
110.15  death except that the homestead is subject to a claim filed 
110.16  pursuant to section 246.53 for state hospital care or 256B.15 
110.17  for medical assistance benefits.  If the homestead passes to a 
110.18  person other than a spouse or decedent's descendants, it is 
110.19  subject to the payment of the items mentioned in section 
110.20  524.2-101 the expenses of administration, funeral expenses, 
110.21  expenses of last illness, taxes, and debts.  No lien or other 
110.22  charge against a homestead so exempted is enforceable in the 
110.23  probate court, but the claimant may enforce the lien or charge 
110.24  by an appropriate action in the district court. 
110.25     (d) For purposes of this section, except as provided in 
110.26  section 524.2-301, the surviving spouse is deemed to consent to 
110.27  any testamentary or other disposition of the homestead to which 
110.28  the spouse has not previously consented in writing unless the 
110.29  spouse files in the manner provided in section 524.2-211, 
110.30  paragraph (f), a petition that asserts the homestead rights 
110.31  provided to the spouse by this section. 
110.32     Sec. 169.  Minnesota Statutes 1996, section 525.152, 
110.33  subdivision 1, is amended to read: 
110.34     Subdivision 1.  [DEFINITIONS.] (a) "Eligible child" means a 
110.35  child of the decedent who: 
110.36     (1) is not the child of the surviving spouse, if any; 
111.1      (2) if there is no surviving spouse, is not a minor, and 
111.2   has a different parent than minor children of the decedent who 
111.3   are entitled to an allowance selection under section 525.15, 
111.4   clause (3); and 
111.5      (3) if the decedent dies testate, is a devisee under the 
111.6   decedent's will. 
111.7      (b) "Sentimental value" means significant emotional or 
111.8   nostalgic value arising out of the relationship of an individual 
111.9   with the decedent or arising out of the relationship of the 
111.10  eligible child with the individual who is the nondecedent parent 
111.11  of the eligible child. 
111.12     Sec. 170.  Minnesota Statutes 1996, section 525.152, 
111.13  subdivision 2, is amended to read: 
111.14     Subd. 2.  [INELIGIBLE PROPERTY.] The following property is 
111.15  not eligible for an award under this section: 
111.16     (1) real property; 
111.17     (2) personal property that is the subject of a specific 
111.18  devise under the decedent's will where the will was executed 
111.19  before August 1, 1989, and where the devise specifically 
111.20  identifies the particular item of property, unless the property 
111.21  is selected under section 525.151 524.2-403; 
111.22     (3) personal property that is the subject of a specific 
111.23  devise under a separate writing under section 524.2-513, unless 
111.24  the property is selected under section 525.151 524.2-403; and 
111.25     (4) personal property disposed of by a premarital agreement.
111.26     Sec. 171.  Minnesota Statutes 1996, section 525.152, 
111.27  subdivision 3, is amended to read: 
111.28     Subd. 3.  [NOTICE TO ELIGIBLE CHILDREN; PETITION.] At the 
111.29  time of an allowance selection under section 525.151 524.2-403, 
111.30  the person making the selection shall serve personally or by 
111.31  mail a written itemized notice of the property selected to every 
111.32  eligible child of the decedent.  This requirement does not apply 
111.33  if an award of property with sentimental value already has been 
111.34  made under this section.  Within 30 days of receipt of the 
111.35  notice of selection, an eligible child may petition the court to 
111.36  award property with sentimental value contained in the notice, 
112.1   or other property with sentimental value that belonged to the 
112.2   decedent, to the eligible child. 
112.3      Sec. 172.  [REVISOR'S INSTRUCTION; SECTIONS 626.843 TO 
112.4   626.88.] 
112.5      The revisor shall change the citation from section 626.855 
112.6   to section 626.863 in the following sections of Minnesota 
112.7   Statutes:  626.843; 626.845; 626.846; 626.847; 626.851; and 
112.8   626.88. 
112.9      Sec. 173.  Laws 1995, chapter 220, section 7, subdivision 
112.10  3, is amended to read: 
112.11  Subd. 3.  Promotion and Marketing 
112.12       1,146,000      1,146,000
112.13                 Summary by Fund
112.14  General                954,000      954,000
112.15  Special Revenue        192,000      192,000
112.16  Notwithstanding Minnesota Statutes, 
112.17  section 41A.09, subdivision 3 3a, the 
112.18  total payments from the ethanol 
112.19  development account to all producers 
112.20  may not exceed $25,000,000 for the 
112.21  biennium ending June 30, 1997.  If the 
112.22  total amount for which all producers 
112.23  are eligible in a quarter exceeds the 
112.24  amount available for payments, the 
112.25  commissioner shall make the payments on 
112.26  a pro rata basis. 
112.27  $100,000 the first year and $100,000 
112.28  the second year are for ethanol 
112.29  promotion and public education. 
112.30  $100,000 the first year and $100,000 
112.31  the second year must be spent for the 
112.32  WIC coupon program. 
112.33  $71,000 the first year and $71,000 the 
112.34  second year are for transfer to the 
112.35  Minnesota grown matching account and 
112.36  may be used as grants for Minnesota 
112.37  grown promotion under Minnesota 
112.38  Statutes, section 17.109. 
112.39  $192,000 the first year and $192,000 
112.40  the second year are from the 
112.41  commodities research and promotion 
112.42  account in the special revenue fund. 
112.43     Sec. 174.  Laws 1996, chapter 310, section 1, is amended to 
112.44  read: 
112.45     Section 1.  [REPEALER.] 
112.46     Minnesota Statutes 1994, sections 1.17; 1.25; 1.331; 3.85, 
112.47  subdivision 7; 4.02; 4.45; 6.26; 10.05; 10.38; 15.07; 15.09; 
113.1   15.14; 15.15; 15.793; 15A.083, subdivisions 2 and 3; 15A.15; 
113.2   17.14, subdivision 2; 17.351, subdivision 2; 17.47, subdivision 
113.3   5; 17.53, subdivisions 4 and 11; 17.693, subdivisions 3 and 7; 
113.4   17.81, subdivision 6; 17.981; 17A.03, subdivision 4; 18.46, 
113.5   subdivision 14; 18.58; 18.77, subdivision 2; 18B.01, subdivision 
113.6   16; 18B.065, subdivision 6; 18B.08, subdivision 5; 18C.105; 
113.7   18C.531, subdivisions 6, 11, 19, 20, and 27; 19.50, subdivision 
113.8   16; 19.64, subdivision 5; 21.72, subdivision 2; 21.81, 
113.9   subdivision 18; 24.135, subdivisions 6 and 7; 24.165; 25.33, 
113.10  subdivision 2; 25.44; 25.46; 27.01, subdivisions 1, 3, 6, and 
113.11  and 9; 27.137, subdivisions 2, 3, 4, 6, and 8; 27.15; 29.21, 
113.12  subdivision 2; 30.01, subdivision 2; 31.51, subdivisions 10 and 
113.13  12; 31.782, subdivision 2; 31.92, subdivision 1a; 31A.02, 
113.14  subdivision 3; 31A.30; 32.01, subdivisions 3 and 4; 32.077; 
113.15  32.101; 32.201; 32.205; 32.207; 32.398, subdivision 2; 32.401, 
113.16  subdivision 4; 32.411, subdivision 6; 32.471, subdivision 2; 
113.17  32.485; 32.531, subdivisions 2, 3, and 4; 35.01, subdivision 4; 
113.18  35.73, subdivision 3; 42.02, subdivision 2; 42.06, subdivision 
113.19  4; 42.09, subdivision 3; 43A.082; 43A.27, subdivision 6; 
113.20  43A.317, subdivision 11; 43A.47; 47.202; 62D.12, subdivision 12; 
113.21  84.024; 84.083, subdivision 2; 87.01; 89.013; 89.014; 90.005, 
113.22  subdivisions 1, 4, and 5; 115A.06, subdivision 4; 115A.08; 
113.23  115A.09; 115A.14, subdivisions 1, 2, and 3; 115A.201; 115A.21; 
113.24  115A.22; 115A.241; 115A.25; 115A.26; 115A.27; 115A.28, 
113.25  subdivision 1; 115A.29; 115A.291; 115A.97, subdivision 4; 
113.26  116J.974; 116J.981; 116J.986; 118.02; 118.08; 119.04, 
113.27  subdivision 4; 124B.02; 124B.10; 124B.20, subdivisions 2 and 3; 
113.28  136A.179; 137.03; 137.05; 137.06; 137.07; 137.08; 137.11; 
113.29  137.14; 137.15; 137.33; 137.34, subdivision 2; 141.33; 141.34; 
113.30  148B.34; 152.151; 161.041; 161.086; 166.01; 166.02; 166.03; 
113.31  166.05; 166.06; 166.07; 166.08; 166.09; 166.10; 169.72, 
113.32  subdivision 3; 175.001, subdivision 5; 175.002; 175.003; 
113.33  175.004; 175.005; 175.006, subdivision 4; 175.34; 176.1011; 
113.34  177.34; 186.01; 186.02; 186.03; 186.04; 186.05; 186.06; 186.07; 
113.35  186.08; 190.10; 191.09; 193.145, subdivision 1; 196.06, 
113.36  subdivision 2; 196.10; 196.11; 196.14; 196.15; 197.971; 197.972; 
114.1   197.973; 197.974; 197.975; 197.976; 197.977; 197.978; 197.979; 
114.2   197.98; 197.981; 197.982; 197.983; 197.984; 197.985; 197.986; 
114.3   198.002, subdivision 4; 202A.17; 216C.19, subdivisions 10, 11, 
114.4   and 12; 216C.21; 216C.22; 216C.23; 216C.24; 246.44; 246.45; 
114.5   246.46; 251.011, subdivisions 1, 4, 4a, 7, and 8; 254.02; 
114.6   256B.56; 256B.57; 256B.58; 256B.59; 256B.60; 256B.61; 256B.62; 
114.7   256B.63; 256E.07, subdivision 1a; 256E.08, subdivision 9; 
114.8   261.251; 275.064; 280.12; 280.13; 280.25; 280.26; 281.15; 
114.9   281.26; 281.27; 295.01; 298.226; 298.244; 299D.01, subdivision 
114.10  5; 299F.01, subdivision 3; 345.20, subdivision 6; 352B.265; 
114.11  353.011; 367.411; 367.43; 373.013; 373.045; 374.03; 374.04; 
114.12  374.06; 374.07; 374.22; 374.23; 375.24; 375.383; 375.435; 
114.13  377.01; 377.03; 377.05; 383A.07, subdivisions 11, 21, 22, and 
114.14  25; 383A.09; 383A.10; 383A.15; 383A.34; 383A.44; 383B.227; 
114.15  383B.233; 383B.69; 383C.054; 383C.057; 383C.058; 383D.15; 
114.16  383D.34; 383D.67; 386.375, subdivision 6; 388.19, subdivision 2; 
114.17  390.26; 397.05; 397.06; 397.07; 397.08; 397.09; 397.10; 397.101; 
114.18  397.102; 412.015, subdivision 1; 412.018, subdivision 2; 
114.19  412.023, subdivision 4; 412.092; 441.01; 441.02; 441.03; 441.04; 
114.20  441.05; 441.06; 441.07; 441.08; 441.09; 446A.10; 457.13; 
114.21  458.1931; 458D.13; 465.681; 466.10; 466.12, subdivision 4; 
114.22  471.74, subdivisions 1 and 3; 471.9975; 471.998; 471A.07; 
114.23  473.204; 473.418; 473.608, subdivision 20; 473.855; 474.22; 
114.24  475.75; 477A.011, subdivision 2; 477A.012, subdivisions 1, 3, 4, 
114.25  7, and 8; 477A.013, subdivision 6; 477A.014, subdivision 1a; 
114.26  487.12; 515B.1-110; 515B.1-111; 557.022; 611A.07, subdivision 2; 
114.27  611A.23; 611A.42; 611A.44; 626.559, subdivision 4; 626.563, as 
114.28  amended by Laws 1995, chapter 259, article 3, section 22; 
114.29  626.855; and 641.111; Minnesota Statutes 1995 Supplement, 
114.30  sections 17A.091, subdivision 2; 115A.14, subdivision 4; 
114.31  124B.01; 124B.03; 124B.20, subdivision 1; 135A.10, subdivision 
114.32  1; 136A.043; 471.74, subdivision 2; 474.191; 477A.012, 
114.33  subdivision 2, are repealed. 
114.34                             ARTICLE 2 
114.35                         ABOLISHED REPORTS 
114.36                               PART A 
115.1      Section 1.  [IMPLEMENTING LAWS 1995, CHAPTER 248, ARTICLE 
115.2   1.] 
115.3      Subdivision 1.  [INTENT.] This article implements Laws 
115.4   1995, chapter 248, article 1, by 
115.5      (1) conforming Minnesota Statutes, beginning in section 2, 
115.6   to reflect the abolition of certain reporting requirements; 
115.7      (2) listing, in subdivision 2, statutory citations to 
115.8   reporting requirements retained by notification to the revisor 
115.9   from committee chairs; 
115.10     (3) listing, in subdivision 3, statutory citations to 
115.11  reporting requirements which were, in 1995 or 1996, repealed, 
115.12  stricken, or amended in a way suggesting continuation; 
115.13     (4) listing, in subdivision 4, the status of all sections 
115.14  in the original report not otherwise accounted for; and 
115.15     (5) drafting conforming amendments in part B to account for 
115.16  repeals listed in section 67. 
115.17     Subd. 2.  [REPORTS RETAINED BY COMMITTEE CHAIRS.] The 
115.18  reporting requirements in these statutes were retained by 
115.19  notification to the revisor from committee chairs:  3.30, 
115.20  subdivision 2; 3.885, subdivision 5; 10.48; 69.051, subdivision 
115.21  4; 84.154, subdivisions 4 and 5; 84B.11, subdivision 2; 115A.38, 
115.22  subdivision 3; 116P.05, subdivision 2; 116P.06, subdivision 2; 
115.23  121.81; 134.22; 135A.20; 240.18, subdivision 2; 270.74; 
115.24  462A.207, subdivision 8; 473.123, subdivision 3; and 473.303.  
115.25     Subd. 3.  [REPORTS REPEALED, STRICKEN, OR RETAINED BY 
115.26  AMENDMENT.] (a) Reporting requirements in these statutes 
115.27  requiring periodic reports were repealed or stricken by 
115.28  amendment in 1995 or 1996:  3.846; 3.861; 3.863; 3.885, 
115.29  subdivision 1a; 3.9227; 14.115; 14.12; 14.32; 62N.34; 85.019; 
115.30  103B.255, subdivision 9; 115A.165; 115A.551, subdivision 4 
115.31  (report from metropolitan council); 116C.69, subdivision 3; 
115.32  121.703, subdivision 3; 121.710, subdivision 2; 121.931, 
115.33  subdivisions 3 and 4; 125.05, subdivision 7; 126.019, 
115.34  subdivision 2; 126B.02; 135A.09; 136.142; 136.41; 136.507; 
115.35  136A.02, subdivision 6; 136A.04, subdivision 1; 136A.041; 
115.36  136A.42; 136A.86, subdivision 2; 136E.04, subdivision 3; 137.38, 
116.1   subdivision 5; 144.874; 144.878; 144A.31, subdivision 5; 
116.2   148C.035, subdivision 2; 168.33, subdivision 5; 245.494, 
116.3   subdivision 2; 245.98, subdivision 3; 256.734, subdivision 3; 
116.4   256B.0925, subdivision 3; and 393.07, subdivision 10 (note).  
116.5      (b) Reporting requirements in these statutes were amended 
116.6   in 1995 or 1996 in a way that did not indicate a clear intent to 
116.7   abolish the reporting requirement:  13.06, subdivision 7; 14.08; 
116.8   16B.75 (the report in article IX was mistakenly indicated as 
116.9   being in article IV in the initial report); 144.05; 256C.28, 
116.10  subdivisions 3, now 3a; and 6; and 299C.065, subdivisions 3 and 
116.11  3a. 
116.12     Subd. 4.  [OTHER.] (a) The reporting requirement in section 
116.13  115A.9157 is not imposed on a state agency and was mistakenly 
116.14  included in "Required Periodic Reports to the Legislature." 
116.15     (b) There are no explicit words requiring a report to the 
116.16  legislature in sections 241.45, subdivision 2, and 360.015, 
116.17  subdivision 8. 
116.18     (c) Laws 1995, chapter 248, article 1, mistakenly refers to 
116.19  section 17.114, subdivision 15, which should be section 17.117, 
116.20  subdivision 15; section 469.055, subdivision 1, which should be 
116.21  subdivision 2; and section 462A.207, subdivision 6, which should 
116.22  be subdivision 8.  
116.23     (d) No separate report is required by section 214.07, 
116.24  subdivision 1a. 
116.25     (e) A report required by section 10A.035, was required to 
116.26  be saved by Laws 1995, chapter 248, article 1.  There is no 
116.27  section 10A.035.  It is assumed that section 10A.335 was the 
116.28  intended reference so the report in section 10A.335 is not 
116.29  abolished. 
116.30     (f) The following sections containing abolished reporting 
116.31  requirements were renumbered:  (1) 256H.195 to 119B.17, (2) 
116.32  257.803 to 119A.13, and (3) 299A.30 to 119A.26. 
116.33     Sec. 2.  Minnesota Statutes 1996, section 3.873, 
116.34  subdivision 5, is amended to read: 
116.35     Subd. 5.  [INFORMATION COLLECTION; INTERGOVERNMENTAL 
116.36  COORDINATION.] (a) The commission may conduct public hearings 
117.1   and otherwise collect data and information necessary to its 
117.2   purposes. 
117.3      (b) The commission may request information or assistance 
117.4   from any state agency or officer to assist the commission in 
117.5   performing its duties.  The agency or officer shall promptly 
117.6   furnish any information or assistance requested.  
117.7      (c) The secretary of the senate and the chief clerk of the 
117.8   house shall provide the commission with a copy of each bill 
117.9   introduced in the legislature concerning children, youth, and 
117.10  their families. 
117.11     (d) Before implementing new or substantially revised 
117.12  programs relating to the subjects being studied by the 
117.13  commission under subdivision 7, the commissioner responsible for 
117.14  the program shall prepare an implementation plan for the program 
117.15  and shall submit the plan to the commission for review and 
117.16  comment.  The commission may advise and make recommendations to 
117.17  the commissioner on the implementation of the program and may 
117.18  request the changes or additions in the plan it deems 
117.19  appropriate. 
117.20     (e) By July 1, 1991, the responsible state agency 
117.21  commissioners, including the commissioners of education, health, 
117.22  human services, economic security, and corrections, shall 
117.23  prepare data for presentation to the commission on the state 
117.24  programs to be examined by the commission under subdivision 7, 
117.25  paragraph (a). 
117.26     (f) To facilitate coordination between executive and 
117.27  legislative authorities, the commission shall meet with the 
117.28  children's cabinet. 
117.29     Sec. 3.  Minnesota Statutes 1996, section 3.873, 
117.30  subdivision 7, is amended to read: 
117.31     Subd. 7.  [PRIORITIES.] The commission shall give priority 
117.32  to studying and reporting to the legislature on the matters 
117.33  described in this subdivision.  To the extent possible, the 
117.34  commission shall consult with knowledgeable individuals in 
117.35  communities throughout the state when developing recommendations 
117.36  or preparing reports on these matters. 
118.1      (a) The commission must study and report on methods of 
118.2   improving legislative consideration of children and family 
118.3   issues and coordinating state agency programs relating to 
118.4   children and families, including the desirability, feasibility, 
118.5   and effects of creating a new state department of children's 
118.6   services, or children and family services, in which would be 
118.7   consolidated the responsibility for administering state programs 
118.8   relating to children and families. 
118.9      (b) The commission must study and report on methods of 
118.10  consolidating or coordinating local health, correctional, 
118.11  educational, job, and human services, to improve the efficiency 
118.12  and effectiveness of services to children and families and to 
118.13  eliminate duplicative and overlapping services.  The commission 
118.14  shall evaluate and make recommendations on programs and projects 
118.15  in this and other states that encourage or require local 
118.16  jurisdictions to consolidate the delivery of services in schools 
118.17  or other community centers to reduce the cost and improve the 
118.18  coverage and accessibility of services.  The commission must 
118.19  study and recommend specific effectiveness measures to 
118.20  accurately determine the efficacy of programs and services 
118.21  provided to children and their families.  The commission must 
118.22  consider and recommend how to transform fragmented, 
118.23  crisis-oriented delivery systems focused on remediation services 
118.24  into flexible, comprehensive, well-coordinated, and 
118.25  family-oriented delivery systems focused on prevention 
118.26  services.  The commission must review and evaluate what impact 
118.27  the classification of data has on service providers' ability to 
118.28  anticipate and meet the full range of families' needs.  The 
118.29  commission must report on any laws, rules, or procedures that 
118.30  interfere with the effective delivery of community-based 
118.31  services to children and families. 
118.32     (c) The commission must study and report on methods of 
118.33  improving and coordinating educational, social, and health care 
118.34  services that assist children and families during the early 
118.35  childhood years.  The commission's study must include an 
118.36  evaluation of the following:  early childhood health and 
119.1   development screening services, headstart, child care, early 
119.2   childhood family education, and parents' involvement in programs 
119.3   meeting the social, cognitive, physical, and emotional needs of 
119.4   children.  
119.5      (d) The commission must study and report on methods of 
119.6   improving and coordinating the practices of judicial, 
119.7   correctional, and social service agencies in placing juvenile 
119.8   offenders and children who are in need of protective services or 
119.9   treatment. 
119.10     (e) The commission must study and recommend constructive 
119.11  changes in preventive, community-based programs that encourage 
119.12  children and youth to responsibly serve their community. 
119.13     (f) The legislative commission on children, youth, and 
119.14  their families and the children's cabinet must study and make 
119.15  joint recommendations regarding a state-level governance 
119.16  structure to deliver funding and coordinate policy for children 
119.17  and their families.  These recommendations may include 
119.18  structural changes to minimize barriers to and actively promote 
119.19  collaborating and integrating services for children and families 
119.20  in the community.  The commission and cabinet must jointly 
119.21  evaluate the need for a new cabinet-level agency for children.  
119.22  The commission and cabinet shall report their findings and 
119.23  recommendations to the legislature by January 15, 1994. 
119.24     Sec. 4.  Minnesota Statutes 1996, section 9.041, 
119.25  subdivision 2, is amended to read: 
119.26     Subd. 2.  [LEGISLATIVE ACTION; SMALL CLAIMS.] The executive 
119.27  council shall refer its findings and conclusions to the 
119.28  legislature for confirmation and No adjustment or settlement of 
119.29  any claim by the executive council is final until ratified by 
119.30  the legislature.  The executive council may make final 
119.31  settlement and adjustment of individual claims of settlers or 
119.32  Indian allottees, where the land in question does not exceed 100 
119.33  acres.  
119.34     Sec. 5.  Minnesota Statutes 1996, section 16A.276, is 
119.35  amended to read: 
119.36     16A.276 [CASH OVERAGE AND SHORTAGE ACCOUNT.] 
120.1      The commissioner may keep accounts to record daily the 
120.2   difference between actual and recorded cash receipts including 
120.3   losses from forged and uncollectible checks.  At the end of the 
120.4   fiscal year, the commissioner shall clear the accounts by 
120.5   transferring the balances to the general fund and paying the 
120.6   deficits from operating accounts of the agencies charged with 
120.7   the deficit and shall report an adjustment to the legislative 
120.8   audit commission. 
120.9      Sec. 6.  Minnesota Statutes 1996, section 17.138, 
120.10  subdivision 2, is amended to read: 
120.11     Subd. 2.  [COORDINATION OF RESEARCH.] The commissioner 
120.12  shall coordinate manure management research and monitoring and 
120.13  make recommendations on manure management research and 
120.14  monitoring funding priorities to the legislature and other 
120.15  funding bodies other than the legislature. 
120.16     Sec. 7.  Minnesota Statutes 1996, section 45.027, 
120.17  subdivision 1, is amended to read: 
120.18     Subdivision 1.  [GENERAL POWERS.] In connection with the 
120.19  duties and responsibilities entrusted to the commissioner, and 
120.20  Laws 1993, chapter 361, section 2, the commissioner of commerce 
120.21  may:  
120.22     (1) make public or private investigations within or without 
120.23  this state as the commissioner considers necessary to determine 
120.24  whether any person has violated or is about to violate any law, 
120.25  rule, or order related to the duties and responsibilities 
120.26  entrusted to the commissioner; 
120.27     (2) require or permit any person to file a statement in 
120.28  writing, under oath or otherwise as the commissioner determines, 
120.29  as to all the facts and circumstances concerning the matter 
120.30  being investigated; 
120.31     (3) hold hearings, upon reasonable notice, in respect to 
120.32  any matter arising out of the duties and responsibilities 
120.33  entrusted to the commissioner; 
120.34     (4) conduct investigations and hold hearings for the 
120.35  purpose of compiling information with a view to recommending 
120.36  changes to the legislature in the laws related to the duties and 
121.1   responsibilities entrusted to the commissioner; 
121.2      (5) examine the books, accounts, records, and files of 
121.3   every licensee, and of every person who is engaged in any 
121.4   activity regulated; the commissioner or a designated 
121.5   representative shall have free access during normal business 
121.6   hours to the offices and places of business of the person, and 
121.7   to all books, accounts, papers, records, files, safes, and 
121.8   vaults maintained in the place of business; 
121.9      (6) publish information which is contained in any order 
121.10  issued by the commissioner; and 
121.11     (7) require any person subject to duties and 
121.12  responsibilities entrusted to the commissioner, to report all 
121.13  sales or transactions that are regulated.  The reports must be 
121.14  made within ten days after the commissioner has ordered the 
121.15  report.  The report is accessible only to the respondent and 
121.16  other governmental agencies unless otherwise ordered by a court 
121.17  of competent jurisdiction.  
121.18     Sec. 8.  Minnesota Statutes 1996, section 119A.13, 
121.19  subdivision 3, is amended to read: 
121.20     Subd. 3.  [PLAN FOR DISBURSEMENT OF FUNDS.] By June 1, 
121.21  1987, the commissioner, assisted by the advisory council, shall 
121.22  develop a plan to disburse money from the trust fund.  In 
121.23  developing the plan, the commissioner shall review prevention 
121.24  programs.  The plan must ensure that all geographic areas of the 
121.25  state have an equal opportunity to establish prevention programs 
121.26  and receive trust fund money.  Biennially thereafter the 
121.27  commissioner shall send the plan to the legislature and the 
121.28  governor by January 1 of each odd-numbered year.  
121.29     Sec. 9.  Minnesota Statutes 1996, section 119A.13, 
121.30  subdivision 4, is amended to read: 
121.31     Subd. 4.  [RESPONSIBILITIES OF THE COMMISSIONER.] (a) The 
121.32  commissioner shall: 
121.33     (1) provide for the coordination and exchange of 
121.34  information on the establishment and maintenance of prevention 
121.35  programs; 
121.36     (2) develop and publish criteria for receiving trust fund 
122.1   money by prevention programs; 
122.2      (3) review, approve, and monitor the spending of trust fund 
122.3   money by prevention programs; 
122.4      (4) provide statewide educational and public informational 
122.5   seminars to develop public awareness on preventing child abuse; 
122.6   to encourage professional persons and groups to recognize 
122.7   instances of child abuse and work to prevent them; to make 
122.8   information on child abuse prevention available to the public 
122.9   and to organizations and agencies; and to encourage the 
122.10  development of prevention programs; 
122.11     (5) establish a procedure for an annual, internal 
122.12  evaluation of the functions, responsibilities, and performance 
122.13  of the commissioner in carrying out Laws 1986, chapter 423.  In 
122.14  a year in which the state plan is prepared, the evaluation must 
122.15  be coordinated with the preparation of the state plan; 
122.16     (6) provide technical assistance to local councils and 
122.17  agencies working in the area of child abuse prevention; and 
122.18     (7) accept and review grant applications beginning June 1, 
122.19  1987. 
122.20     (b) The commissioner shall recommend to the governor and 
122.21  the legislature changes in state programs, statutes, policies, 
122.22  budgets, and standards that will reduce the problems of child 
122.23  abuse, improve coordination among state agencies that provide 
122.24  prevention services, and improve the condition of children, 
122.25  parents, or guardians in need of prevention program services. 
122.26     Sec. 10.  Minnesota Statutes 1996, section 119A.26, 
122.27  subdivision 2, is amended to read: 
122.28     Subd. 2.  [DUTIES.] (a) The assistant commissioner shall: 
122.29     (1) gather, develop, and make available throughout the 
122.30  state information and educational materials on preventing and 
122.31  reducing violence in the family and in the community, both 
122.32  directly and by serving as a clearinghouse for information and 
122.33  educational materials from schools, state and local agencies, 
122.34  community service providers, and local organizations; 
122.35     (2) foster collaboration among schools, state and local 
122.36  agencies, community service providers, and local organizations 
123.1   that assist in violence intervention or prevention; 
123.2      (3) assist schools, state and local agencies, service 
123.3   providers, and organizations, on request, with training and 
123.4   other programs designed to educate individuals about violence 
123.5   and reinforce values that contribute to ending violence; 
123.6      (4) after consulting with all state agencies involved in 
123.7   preventing or reducing violence within the family or community, 
123.8   develop a statewide strategy for preventing and reducing 
123.9   violence that encompasses the efforts of those agencies and 
123.10  takes into account all money available for preventing or 
123.11  reducing violence from any source; 
123.12     (5) submit the strategy to the governor and the legislature 
123.13  by January 15 of each calendar year, along with a summary of 
123.14  activities occurring during the previous year to prevent or 
123.15  reduce violence experienced by children, young people, and their 
123.16  families; and 
123.17     (6) assist appropriate professional and occupational 
123.18  organizations, including organizations of law enforcement 
123.19  officers, prosecutors, and educators, in developing and 
123.20  operating informational and training programs to improve the 
123.21  effectiveness of activities to prevent or reduce violence within 
123.22  the family or community. 
123.23     (b) The assistant commissioner shall gather and make 
123.24  available information on prevention and supply reduction 
123.25  activities throughout the state, foster cooperation among 
123.26  involved state and local agencies, and assist agencies and 
123.27  public officials in training and other programs designed to 
123.28  improve the effectiveness of prevention and supply reduction 
123.29  activities. 
123.30     (c) The assistant commissioner shall coordinate the 
123.31  distribution of funds received by the state of Minnesota through 
123.32  the federal Anti-Drug Abuse Act.  The assistant commissioner 
123.33  shall recommend to the commissioner recipients of grants under 
123.34  sections 119A.30 and 299A.33, after consultation with the 
123.35  chemical abuse prevention resource council. 
123.36     (d) The assistant commissioner shall: 
124.1      (1) after consultation with all state agencies involved in 
124.2   prevention or supply reduction activities, develop a state 
124.3   chemical abuse and dependency strategy encompassing the efforts 
124.4   of those agencies and taking into account all money available 
124.5   for prevention and supply reduction activities, from any source; 
124.6      (2) submit the strategy to the governor and the legislature 
124.7   by January 15 of each year, along with a summary of prevention 
124.8   and supply reduction activities during the preceding calendar 
124.9   year; 
124.10     (3) assist appropriate professional and occupational 
124.11  organizations, including organizations of law enforcement 
124.12  officers, prosecutors, and educators, in developing and 
124.13  operating informational and training programs to improve the 
124.14  effectiveness of prevention and supply reduction activities; 
124.15     (4) provide information, including information on drug 
124.16  trends, and assistance to state and local agencies, both 
124.17  directly and by functioning as a clearinghouse for information 
124.18  from other agencies; 
124.19     (5) facilitate cooperation among drug program agencies; and 
124.20     (6) in coordination with the chemical abuse prevention 
124.21  resource council, review, approve, and coordinate the 
124.22  administration of prevention, criminal justice, and treatment 
124.23  grants. 
124.24     Sec. 11.  Minnesota Statutes 1996, section 119B.17, 
124.25  subdivision 3, is amended to read: 
124.26     Subd. 3.  [DUTIES AND POWERS.] The council has the 
124.27  following duties and powers: 
124.28     (1) develop a biennial plan for early childhood care and 
124.29  education in the state; 
124.30     (2) take a leadership role in developing its 
124.31  recommendations in conjunction with the recommendations of other 
124.32  state agencies on the state budget for early childhood care and 
124.33  education; 
124.34     (3) apply for and receive state money and public and 
124.35  private grant money; 
124.36     (4) participate in and facilitate the development of 
125.1   interagency agreements on early childhood care and education 
125.2   issues; 
125.3      (5) review state agency policies on early childhood care 
125.4   and education issues so that they do not conflict; 
125.5      (6) advocate for an effective and coordinated early 
125.6   childhood care and education system with state agencies and 
125.7   programs; 
125.8      (7) study the need for child care funding for special 
125.9   populations whose needs are not being met by current programs; 
125.10     (8) ensure that the early childhood care and education 
125.11  system reflects community diversity; and 
125.12     (9) be responsible for advocating policies and funding for 
125.13  early childhood care and education; and 
125.14     (10) provide a report to the legislature on January 1 of 
125.15  every odd-numbered year, containing a description of the 
125.16  activities and the work plan of the council and any legislative 
125.17  recommendations developed by the council. 
125.18     Sec. 12.  Minnesota Statutes 1996, section 124A.711, 
125.19  subdivision 2, is amended to read: 
125.20     Subd. 2.  [DETERMINATION OF AID.] The total amount of 
125.21  support services aid shall be determined according to indices 
125.22  for each service recommended by the commissioner of children, 
125.23  families, and learning after consultations with appropriate 
125.24  state agencies, educators, and other interested persons.  The 
125.25  commissioner shall recommend indices and aid amounts to the 
125.26  legislature by February 1 of each odd-numbered year.  The 
125.27  indices shall reflect the need for each service based on the 
125.28  economic, geographic, demographic, and other appropriate 
125.29  characteristics of each district. 
125.30     Sec. 13.  Minnesota Statutes 1996, section 144.056, is 
125.31  amended to read: 
125.32     144.056 [PLAIN LANGUAGE IN WRITTEN MATERIALS.] 
125.33     (a) To the extent reasonable and consistent with the goals 
125.34  of providing easily understandable and readable materials and 
125.35  complying with federal and state laws governing the program, all 
125.36  written materials relating to determinations of eligibility for 
126.1   or amounts of benefits that will be given to applicants for or 
126.2   recipients of assistance under a program administered or 
126.3   supervised by the commissioner of health must be understandable 
126.4   to a person who reads at the seventh-grade level, using the 
126.5   Flesch scale analysis readability score as determined under 
126.6   section 72C.09. 
126.7      (b) All written materials relating to services and 
126.8   determinations of eligibility for or amounts of benefits that 
126.9   will be given to applicants for or recipients of assistance 
126.10  under programs administered or supervised by the commissioner of 
126.11  health must be developed to satisfy the plain language 
126.12  requirements of the plain language contract act under sections 
126.13  325G.29 to 325G.36.  Materials may be submitted to the attorney 
126.14  general for review and certification.  Notwithstanding section 
126.15  325G.35, subdivision 1, the attorney general shall review 
126.16  submitted materials to determine whether they comply with the 
126.17  requirements of section 325G.31.  The remedies available 
126.18  pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to 
126.19  these materials.  Failure to comply with this section does not 
126.20  provide a basis for suspending the implementation or operation 
126.21  of other laws governing programs administered by the 
126.22  commissioner. 
126.23     (c) The requirements of this section apply to all materials 
126.24  modified or developed by the commissioner on or after July 1, 
126.25  1988.  The requirements of this section do not apply to 
126.26  materials that must be submitted to a federal agency for 
126.27  approval to the extent that application of the requirements 
126.28  prevents federal approval. 
126.29     (d) Nothing in this section may be construed to prohibit a 
126.30  lawsuit brought to require the commissioner to comply with this 
126.31  section or to affect individual appeal rights under the special 
126.32  supplemental food program for women, infants, and children 
126.33  granted pursuant to federal regulations under the Code of 
126.34  Federal Regulations, chapter 7, section 246. 
126.35     (e) The commissioner shall report annually to the chairs of 
126.36  the health and human services divisions of the senate finance 
127.1   committee and the house of representatives appropriations 
127.2   committee on the number and outcome of cases that raise the 
127.3   issue of the commissioner's compliance with this section. 
127.4      Sec. 14.  Minnesota Statutes 1996, section 144.062, is 
127.5   amended to read: 
127.6      144.062 [VACCINE COST REDUCTION PROGRAM.] 
127.7      The commissioner of administration, after consulting with 
127.8   the commissioner of health, shall negotiate discounts or rebates 
127.9   on vaccine or may purchase vaccine at reduced prices.  Vaccines 
127.10  may be offered for sale to medical care providers at the 
127.11  department's cost plus a fee for administrative costs.  As a 
127.12  condition of receiving the vaccine at reduced cost, a medical 
127.13  care provider must agree to pass on the savings to patients.  
127.14  The commissioner of health may transfer money appropriated for 
127.15  other department of health programs to the commissioner of 
127.16  administration for the initial cost of purchasing vaccine, 
127.17  provided the money is repaid by the end of each state fiscal 
127.18  year and the commissioner of finance approves the transfer.  
127.19  Proceeds from the sale of vaccines to medical care providers, 
127.20  including fees collected for administrative costs, are 
127.21  appropriated to the commissioner of administration.  If the 
127.22  commissioner of administration, in consultation with the 
127.23  commissioner of health, determines that a vaccine cost reduction 
127.24  program is not economically feasible or cost-effective, the 
127.25  commissioner may elect not to implement the program but shall 
127.26  provide a report to the legislature that explains the reasons 
127.27  for the decision. 
127.28     Sec. 15.  Minnesota Statutes 1996, section 144.092, is 
127.29  amended to read: 
127.30     144.092 [COORDINATED NUTRITION DATA COLLECTION.] 
127.31     The commissioner of health may develop and coordinate a 
127.32  reporting system to improve the state's ability to document 
127.33  inadequate nutrient and food intake of Minnesota's children and 
127.34  adults and to identify problems and determine the most 
127.35  appropriate strategies for improving inadequate nutritional 
127.36  status.  The board on aging may develop a method to evaluate the 
128.1   nutritional status and requirements of the elderly in 
128.2   Minnesota.  The commissioner of health and the board on aging 
128.3   may report to the legislature on each July 1, beginning in 1988, 
128.4   on the results of their investigation and their recommendations 
128.5   on the nutritional needs of Minnesotans. 
128.6      Sec. 16.  Minnesota Statutes 1996, section 144A.33, 
128.7   subdivision 5, is amended to read: 
128.8      Subd. 5.  [REPORT; EVALUATION.] Each year the Minnesota 
128.9   board on aging shall evaluate the programs and funding sources 
128.10  established under this section and report to the legislature by 
128.11  February 1 of each year concerning the programs established and 
128.12  the effectiveness of the programs. 
128.13     Sec. 17.  Minnesota Statutes 1996, section 144A.53, 
128.14  subdivision 1, is amended to read: 
128.15     Subdivision 1.  [POWERS.] The director may: 
128.16     (a) Promulgate by rule, pursuant to chapter 14, and within 
128.17  the limits set forth in subdivision 2, the methods by which 
128.18  complaints against health facilities, health care providers, 
128.19  home care providers, or residential care homes, or 
128.20  administrative agencies are to be made, reviewed, investigated, 
128.21  and acted upon; provided, however, that a fee may not be charged 
128.22  for filing a complaint. 
128.23     (b) Recommend legislation and changes in rules to the state 
128.24  commissioner of health, legislature, governor, administrative 
128.25  agencies or the federal government. 
128.26     (c) Investigate, upon a complaint or upon initiative of the 
128.27  director, any action or failure to act by a health care 
128.28  provider, home care provider, residential care home, or a health 
128.29  facility. 
128.30     (d) Request and receive access to relevant information, 
128.31  records, incident reports, or documents in the possession of an 
128.32  administrative agency, a health care provider, a home care 
128.33  provider, a residential care home, or a health facility, and 
128.34  issue investigative subpoenas to individuals and facilities for 
128.35  oral information and written information, including privileged 
128.36  information which the director deems necessary for the discharge 
129.1   of responsibilities.  For purposes of investigation and securing 
129.2   information to determine violations, the director need not 
129.3   present a release, waiver, or consent of an individual.  The 
129.4   identities of patients or residents must be kept private as 
129.5   defined by section 13.02, subdivision 12. 
129.6      (e) Enter and inspect, at any time, a health facility or 
129.7   residential care home and be permitted to interview staff; 
129.8   provided that the director shall not unduly interfere with or 
129.9   disturb the provision of care and services within the facility 
129.10  or home or the activities of a patient or resident unless the 
129.11  patient or resident consents.  
129.12     (f) Issue correction orders and assess civil fines pursuant 
129.13  to section 144.653 or any other law which provides for the 
129.14  issuance of correction orders to health facilities or home care 
129.15  provider, or under section 144A.45.  A facility's or home's 
129.16  refusal to cooperate in providing lawfully requested information 
129.17  may also be grounds for a correction order. 
129.18     (g) Recommend the certification or decertification of 
129.19  health facilities pursuant to Title XVIII or XIX of the United 
129.20  States Social Security Act. 
129.21     (h) Assist patients or residents of health facilities or 
129.22  residential care homes in the enforcement of their rights under 
129.23  Minnesota law.  
129.24     (i) Work with administrative agencies, health facilities, 
129.25  home care providers, residential care homes, and health care 
129.26  providers and organizations representing consumers on programs 
129.27  designed to provide information about health facilities to the 
129.28  public and to health facility residents.  
129.29     Sec. 18.  Minnesota Statutes 1996, section 144A.54, 
129.30  subdivision 1, is amended to read: 
129.31     Subdivision 1.  [DIRECTOR; DUTIES.] Except as otherwise 
129.32  provided by this section, the director may determine the form, 
129.33  frequency, and distribution of the conclusions and 
129.34  recommendations.  The director shall transmit the conclusions 
129.35  and recommendations to the state commissioner of health and the 
129.36  legislature.  Before announcing a conclusion or recommendation 
130.1   that expressly or by implication criticizes an administrative 
130.2   agency, a health care provider, a home care provider, a 
130.3   residential care home, or a health facility, the director shall 
130.4   consult with that agency, health care provider, home care 
130.5   provider, home, or facility.  When publishing an opinion adverse 
130.6   to an administrative agency, a health care provider, a home care 
130.7   provider, a residential care home, or a health facility, the 
130.8   director shall include in the publication any statement of 
130.9   reasonable length made to the director by that agency, health 
130.10  care provider, home care provider, residential care home, or 
130.11  health facility in defense or explanation of the action. 
130.12     Sec. 19.  Minnesota Statutes 1996, section 144A.54, 
130.13  subdivision 2, is amended to read: 
130.14     Subd. 2.  [ANNUAL REPORT.] In addition to whatever other 
130.15  reports the director may make, the director shall, at the end of 
130.16  each year, report to the state commissioner of health and the 
130.17  legislature concerning the exercise of the director's functions 
130.18  during the preceding year.  The state commissioner of health 
130.19  may, at any time, request and receive information, other than 
130.20  resident records, from the director. 
130.21     Sec. 20.  Minnesota Statutes 1996, section 145.894, is 
130.22  amended to read: 
130.23     145.894 [STATE COMMISSIONER OF HEALTH; DUTIES, 
130.24  RESPONSIBILITIES.] 
130.25     The commissioner of health shall: 
130.26     (a) develop a comprehensive state plan for the delivery of 
130.27  nutritional supplements to pregnant and lactating women, 
130.28  infants, and children; 
130.29     (b) contract with existing local public or private 
130.30  nonprofit organizations for the administration of the 
130.31  nutritional supplement program; 
130.32     (c) develop and implement a public education program 
130.33  promoting the provisions of sections 145.891 to 145.897, and 
130.34  provide for the delivery of individual and family nutrition 
130.35  education and counseling at project sites.  The education 
130.36  programs must include a campaign to promote breast feeding; 
131.1      (d) develop in cooperation with other agencies and vendors 
131.2   a uniform state voucher system for the delivery of nutritional 
131.3   supplements; 
131.4      (e) authorize local health agencies to issue vouchers 
131.5   bimonthly to some or all eligible individuals served by the 
131.6   agency, provided the agency demonstrates that the federal 
131.7   minimum requirements for providing nutrition education will 
131.8   continue to be met and that the quality of nutrition education 
131.9   and health services provided by the agency will not be adversely 
131.10  impacted; 
131.11     (f) investigate and implement a system to reduce the cost 
131.12  of nutritional supplements and maintain ongoing negotiations 
131.13  with nonparticipating manufacturers and suppliers to maximize 
131.14  cost savings; 
131.15     (g) develop, analyze, and evaluate the health aspects of 
131.16  the nutritional supplement program and establish nutritional 
131.17  guidelines for the program; 
131.18     (h) apply for, administer, and annually expend at least 99 
131.19  percent of available federal or private funds; 
131.20     (i) aggressively market services to eligible individuals by 
131.21  conducting ongoing outreach activities and by coordinating with 
131.22  and providing marketing materials and technical assistance to 
131.23  local human services and community service agencies and 
131.24  nonprofit service providers; 
131.25     (j) determine, on July 1 of each year, the number of 
131.26  pregnant women participating in each special supplemental food 
131.27  program for women, infants, and children (W.I.C.) and, in 1986, 
131.28  1987, and 1988, at the commissioner's discretion, designate a 
131.29  different food program deliverer if the current deliverer fails 
131.30  to increase the participation of pregnant women in the program 
131.31  by at least ten percent over the previous year's participation 
131.32  rate; 
131.33     (k) promulgate all rules necessary to carry out the 
131.34  provisions of sections 145.891 to 145.897; and 
131.35     (l) report to the legislature by November 15 of every year 
131.36  on the expenditures and activities under sections 145.891 to 
132.1   145.897 of the state and local health agencies for the preceding 
132.2   fiscal year; and 
132.3      (m) ensure that any state appropriation to supplement the 
132.4   federal program is spent consistent with federal requirements. 
132.5      Sec. 21.  Minnesota Statutes 1996, section 152.02, 
132.6   subdivision 13, is amended to read: 
132.7      Subd. 13.  Annually, the state board of pharmacy shall 
132.8   study the implementation of this chapter in relation to the 
132.9   problems of drug abuse in Minnesota and shall report to the 
132.10  legislature annually on or before December 1, their 
132.11  recommendations concerning amendments to this chapter. 
132.12     Sec. 22.  Minnesota Statutes 1996, section 152.21, 
132.13  subdivision 3, is amended to read: 
132.14     Subd. 3.  [RESEARCH GRANT.] The commissioner of health 
132.15  shall grant funds to the principal investigator selected by the 
132.16  commissioner pursuant to subdivision 4 for the purpose of 
132.17  conducting a research program under a protocol approved by the 
132.18  FDA regarding the therapeutic use of oral THC and other dosage 
132.19  forms, if available, according to the guidelines and 
132.20  requirements of the federal food and drug administration, the 
132.21  drug enforcement administration and the national institute on 
132.22  drug abuse.  The commissioner shall ensure that the research 
132.23  principal investigator complies with the requirements of 
132.24  subdivision 5.  The commissioner may designate the principal 
132.25  investigator as the sponsor.  
132.26     The commissioner shall report to the legislature on January 
132.27  1 of each odd-numbered year on the number of oncologists and 
132.28  patients involved in the program and the results available at 
132.29  that date regarding the effects of therapeutic use of THC on 
132.30  patients involved in the program.  The commissioner shall also 
132.31  report on the current status of THC under the federal Food, Drug 
132.32  and Cosmetic Act and the federal Controlled Substances Act.  
132.33     Sec. 23.  Minnesota Statutes 1996, section 161.10, is 
132.34  amended to read: 
132.35     161.10 [INVESTIGATIONS, RECOMMENDATIONS, REPORTS.] 
132.36     When practicable the commissioner shall investigate and 
133.1   determine the location of road material in the state, ascertain 
133.2   the most approved methods of construction and improvement of 
133.3   roads, investigate the most approved laws in relation to roads 
133.4   in other states and hold public meetings throughout the state 
133.5   when deemed advisable.  On or before November 15 on each 
133.6   even-numbered year the commissioner shall make a printed report 
133.7   to the governor and the legislature stating the condition, 
133.8   management, and financial transactions of the transportation 
133.9   department, including a statement of the expense incurred in 
133.10  maintaining such department; the number of miles of roads built 
133.11  or improved during the preceding two fiscal years and their 
133.12  cost; the general character and location of material suitable 
133.13  for road construction; the general character and needs of the 
133.14  roads of the state; the name, location, size, and description of 
133.15  each state trail, state water access site, and state rest area 
133.16  established by the commissioner since the last report; and 
133.17  recommend such legislation as the commissioner deems advisable.  
133.18  The report shall be transmitted by the governor to the 
133.19  legislature.  
133.20     Sec. 24.  Minnesota Statutes 1996, section 161.1419, 
133.21  subdivision 7, is amended to read: 
133.22     Subd. 7.  [REPORT TO LEGISLATURE PROGRAM REVIEW.] The 
133.23  commission may review the programs of the various interstate 
133.24  compacts, studies, planning groups and commissions involved in 
133.25  water and land use activities along the Mississippi river in 
133.26  Minnesota and report to the legislature biennially any 
133.27  duplication of programs and funding as well as its 
133.28  recommendations for new legislation. 
133.29     Sec. 25.  Minnesota Statutes 1996, section 192.551, is 
133.30  amended to read: 
133.31     192.551 [ARMY REGULATIONS TO APPLY.] 
133.32     All money and property received from any source for the 
133.33  military forces shall be kept, disbursed, and accounted for as 
133.34  prescribed by army regulations, where applicable, otherwise as 
133.35  prescribed by state rules.  All such accounts shall be examined 
133.36  and audited at least once annually by officers of the military 
134.1   forces detailed by the adjutant general as military auditors.  
134.2   The adjutant general shall file a copy of the report of every 
134.3   such examination with the legislative auditor.  This shall not 
134.4   preclude other examinations of such accounts by the legislative 
134.5   auditor as authorized by law.  The legislative auditor may 
134.6   appoint any military auditor as an assistant examiner, with all 
134.7   the powers incident thereto, in connection with the examination 
134.8   of such accounts.  The provisions of the state civil service act 
134.9   shall not be applicable to such appointments. 
134.10     Sec. 26.  Minnesota Statutes 1996, section 197.133, is 
134.11  amended to read: 
134.12     197.133 [DISPOSAL OF PROPERTY AND EXPIRATION OF THE BOARD 
134.13  OF GOVERNORS.] 
134.14     If a majority of the board determines that the disposal of 
134.15  the camp or a portion of the camp is in the best interests of 
134.16  Minnesota veterans, or if the camp is not used solely as a camp 
134.17  for and by disabled and other veterans and their families and 
134.18  operated and maintained in compliance with all state, federal, 
134.19  and local laws, the board may dispose of the property at market 
134.20  value as provided in this section.  Before disposing of the 
134.21  property, the board shall give notice by certified mail to the 
134.22  commissioner of veterans affairs of its decision to dispose of 
134.23  the property.  The commissioner shall publish the notice in the 
134.24  State Register.  Interested governmental agencies have until the 
134.25  end of the next legislative session after the notice to 
134.26  appropriate money to purchase the property. 
134.27     Proceeds realized from the disposal of the property and any 
134.28  assets on hand at the time of the disposal of the property, must 
134.29  be placed in an irrevocable trust to be used for the initiation 
134.30  or maintenance of veterans programs in the state of Minnesota. 
134.31  Trustees must be appointed in the same manner as provided for 
134.32  under section 197.131.  The trustees shall consult with the 
134.33  commissioner of veterans affairs to determine the needs of 
134.34  Minnesota veterans and provide the commissioner and the 
134.35  committee on general legislation and veterans affairs of the 
134.36  house of representatives and the committee on veterans and 
135.1   general legislation in the senate with an annual written report 
135.2   on the trust.  The commissioner must approve all expenditures 
135.3   from the trust.  A certified audit of all assets, expenditures, 
135.4   and property must be conducted prior to any disposition of any 
135.5   assets under the control of the board.  Any board member who 
135.6   would benefit directly or indirectly financially from the sale 
135.7   of this property must be removed by the board and a successor 
135.8   appointed as provided by section 197.131.  Upon final 
135.9   disposition of all assets to the trust, the board must disband.  
135.10  Should the assets of the trust be exhausted, the trust must be 
135.11  terminated. 
135.12     Sec. 27.  Minnesota Statutes 1996, section 214.07, 
135.13  subdivision 1, is amended to read: 
135.14     Subdivision 1.  [BOARD REPORTS.] The health-related 
135.15  licensing boards and the non-health-related licensing boards 
135.16  shall prepare reports according to this subdivision and 
135.17  subdivision 1a by October 1 of each even-numbered year.  Copies 
135.18  of the reports shall be delivered to the legislature in 
135.19  accordance with section 3.195, and to the governor.  Copies of 
135.20  the reports of the health-related licensing boards shall also be 
135.21  delivered to the commissioner of health.  The reports shall 
135.22  contain the following information relating to the two-year 
135.23  period ending the previous June 30: 
135.24     (a) a general statement of board activities; 
135.25     (b) the number of meetings and approximate total number of 
135.26  hours spent by all board members in meetings and on other board 
135.27  activities; 
135.28     (c) the receipts and disbursements of board funds; 
135.29     (d) the names of board members and their addresses, 
135.30  occupations, and dates of appointment and reappointment to the 
135.31  board; 
135.32     (e) the names and job classifications of board employees; 
135.33     (f) a brief summary of board rules proposed or adopted 
135.34  during the reporting period with appropriate citations to the 
135.35  State Register and published rules; 
135.36     (g) the number of persons having each type of license and 
136.1   registration issued by the board as of June 30 in the year of 
136.2   the report; 
136.3      (h) the locations and dates of the administration of 
136.4   examinations by the board; 
136.5      (i) the number of persons examined by the board with the 
136.6   persons subdivided into groups showing age categories, sex, and 
136.7   states of residency; 
136.8      (j) the number of persons licensed or registered by the 
136.9   board after taking the examinations referred to in clause (h) 
136.10  with the persons subdivided by age categories, sex, and states 
136.11  of residency; 
136.12     (k) the number of persons not licensed or registered by the 
136.13  board after taking the examinations referred to in clause (h) 
136.14  with the persons subdivided by age categories, sex, and states 
136.15  of residency; 
136.16     (l) the number of persons not taking the examinations 
136.17  referred to in clause (h) who were licensed or registered by the 
136.18  board or who were denied licensing or registration with the 
136.19  reasons for the licensing or registration or denial thereof and 
136.20  with the persons subdivided by age categories, sex, and states 
136.21  of residency; 
136.22     (m) the number of persons previously licensed or registered 
136.23  by the board whose licenses or registrations were revoked, 
136.24  suspended, or otherwise altered in status with brief statements 
136.25  of the reasons for the revocation, suspension or alteration; 
136.26     (n) the number of written and oral complaints and other 
136.27  communications received by the executive director or executive 
136.28  secretary of the board, a board member, or any other person 
136.29  performing services for the board (1) which allege or imply a 
136.30  violation of a statute or rule which the board is empowered to 
136.31  enforce and (2) which are forwarded to other agencies as 
136.32  required by section 214.10; 
136.33     (o) a summary, by specific category, of the substance of 
136.34  the complaints and communications referred to in clause (n) and, 
136.35  for each specific category, the responses or dispositions 
136.36  thereof pursuant to section 214.10 or 214.11; 
137.1      (p) any other objective information which the board members 
137.2   believe will be useful in reviewing board activities. 
137.3      Sec. 28.  Minnesota Statutes 1996, section 214.13, 
137.4   subdivision 5, is amended to read: 
137.5      Subd. 5.  [RECOMMENDATION ON REGULATION; APPLICATION 
137.6   RENEWAL.] The commissioner of health shall exercise care to 
137.7   prevent the proliferation of unessential registered human 
137.8   services occupations.  If In evaluating a currently unregistered 
137.9   occupation the commissioner determines may determine that 
137.10  registration of the occupation is not appropriate, but that 
137.11  implementation of another mode as set forth in section 214.001, 
137.12  subdivision 3, is appropriate the commissioner shall promptly so 
137.13  report to the legislature.  For a period of two years after a 
137.14  determination by the commissioner as to the appropriate 
137.15  regulatory mode, if any, for an occupational applicant group, 
137.16  the same or substantially equivalent group may not submit a 
137.17  letter of intent to enter the credentialing process, unless 
137.18  invited to do so by the commissioner.  
137.19     Sec. 29.  Minnesota Statutes 1996, section 237.70, 
137.20  subdivision 7, is amended to read: 
137.21     Subd. 7.  [ADMINISTRATION.] The telephone assistance plan 
137.22  must be administered jointly by the commission, the department 
137.23  of human services, and the telephone companies in accordance 
137.24  with the following guidelines: 
137.25     (a) The commission and the department of human services 
137.26  shall develop an application form that must be completed by the 
137.27  subscriber for the purpose of certifying eligibility for 
137.28  telephone assistance plan credits to the department of human 
137.29  services.  The application must contain the applicant's social 
137.30  security number.  Applicants who refuse to provide a social 
137.31  security number will be denied telephone assistance plan 
137.32  credits.  The application form must include provisions for the 
137.33  applicant to show the name of the applicant's telephone 
137.34  company.  The application must also advise the applicant to 
137.35  submit the required proof of age or disability, and income and 
137.36  must provide examples of acceptable proof.  The application must 
138.1   state that failure to submit proof with the application will 
138.2   result in the applicant being found ineligible.  Each telephone 
138.3   company shall annually mail a notice of the availability of the 
138.4   telephone assistance plan to each residential subscriber in a 
138.5   regular billing and shall mail the application form to customers 
138.6   when requested.  
138.7      The notice must state the following: 
138.8      YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE 
138.9   BILL IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED AND IF 
138.10  YOU MEET CERTAIN HOUSEHOLD INCOME LIMITS.  FOR MORE INFORMATION 
138.11  OR AN APPLICATION FORM PLEASE CONTACT ......... 
138.12     (b) The department of human services shall determine the 
138.13  eligibility for telephone assistance plan credits at least 
138.14  annually according to the criteria contained in subdivision 4a.  
138.15     (c) An application may be made by the subscriber, the 
138.16  subscriber's spouse, or a person authorized by the subscriber to 
138.17  act on the subscriber's behalf.  On completing the application 
138.18  certifying that the statutory criteria for eligibility are 
138.19  satisfied, the applicant must return the application to an 
138.20  office of the department of human services specially designated 
138.21  to process telephone assistance plan applications.  On receiving 
138.22  a completed application from an applicant, the department of 
138.23  human services shall determine the applicant's eligibility or 
138.24  ineligibility within 120 days.  If the department fails to do 
138.25  so, it shall within three working days provide written notice to 
138.26  the applicant's telephone company that the company shall provide 
138.27  telephone assistance plan credits against monthly charges in the 
138.28  earliest possible month following receipt of the written 
138.29  notice.  The applicant must receive telephone assistance plan 
138.30  credits until the earliest possible month following the 
138.31  company's receipt of notice from the department that the 
138.32  applicant is ineligible. 
138.33     If the department of human services determines that an 
138.34  applicant is not eligible to receive telephone assistance plan 
138.35  credits, it shall notify the applicant within ten working days 
138.36  of that determination. 
139.1      Within ten working days of determining that an applicant is 
139.2   eligible to receive telephone assistance plan credits, the 
139.3   department of human services shall provide written notification 
139.4   to the telephone company that serves the applicant.  The notice 
139.5   must include the applicant's name, address, and telephone number.
139.6      Each telephone company shall provide telephone assistance 
139.7   plan credits against monthly charges in the earliest possible 
139.8   month following receipt of notice from the department of human 
139.9   services. 
139.10     By December 31 of each year, the department of human 
139.11  services shall redetermine eligibility of each person receiving 
139.12  telephone assistance plan credits, as required in paragraph (b). 
139.13  The department of human services shall submit an annual report 
139.14  to the legislature and the commission by January 15 of each year 
139.15  showing that the department has determined the eligibility for 
139.16  telephone assistance plan credits of each person receiving the 
139.17  credits or explaining why the determination has not been made 
139.18  and showing how and when the determination will be completed.  
139.19     If the department of human services determines that a 
139.20  current recipient of telephone assistance plan credits is not 
139.21  eligible to receive the credits, it shall notify, in writing, 
139.22  the recipient within ten working days and the telephone company 
139.23  serving the recipient within 20 working days of the 
139.24  determination.  The notice must include the recipient's name, 
139.25  address, and telephone number. 
139.26     Each telephone company shall remove telephone assistance 
139.27  plan credits against monthly charges in the earliest possible 
139.28  month following receipt of notice from the department of human 
139.29  services. 
139.30     Each telephone company that disconnects a subscriber 
139.31  receiving the telephone assistance plan credit shall report the 
139.32  disconnection to the department of human services.  The reports 
139.33  must be submitted monthly, identifying the subscribers 
139.34  disconnected.  Telephone companies that do not disconnect a 
139.35  subscriber receiving the telephone assistance plan credit are 
139.36  not required to report.  
140.1      If the telephone assistance plan credit is not itemized on 
140.2   the subscriber's monthly charges bill for local telephone 
140.3   service, the telephone company must notify the subscriber of the 
140.4   approval for the telephone assistance plan credit. 
140.5      (d) The commission shall serve as the coordinator of the 
140.6   telephone assistance plan and be reimbursed for its 
140.7   administrative expenses from the surcharge revenue pool.  As the 
140.8   coordinator, the commission shall: 
140.9      (1) establish a uniform statewide surcharge in accordance 
140.10  with subdivision 6; 
140.11     (2) establish a uniform statewide level of telephone 
140.12  assistance plan credit that each telephone company shall extend 
140.13  to each eligible household in its service area; 
140.14     (3) require each telephone company to account to the 
140.15  commission on a periodic basis for surcharge revenues collected 
140.16  by the company, expenses incurred by the company, not to include 
140.17  expenses of collecting surcharges, and credits extended by the 
140.18  company under the telephone assistance plan; 
140.19     (4) require each telephone company to remit surcharge 
140.20  revenues to the department of administration for deposit in the 
140.21  fund; and 
140.22     (5) remit to each telephone company from the surcharge 
140.23  revenue pool the amount necessary to compensate the company for 
140.24  expenses, not including expenses of collecting the surcharges, 
140.25  and telephone assistance plan credits.  When it appears that the 
140.26  revenue generated by the maximum surcharge permitted under 
140.27  subdivision 6 will be inadequate to fund any particular 
140.28  established level of telephone assistance plan credits, the 
140.29  commission shall reduce the credits to a level that can be 
140.30  adequately funded by the maximum surcharge.  Similarly, the 
140.31  commission may increase the level of the telephone assistance 
140.32  plan credit that is available or reduce the surcharge to a level 
140.33  and for a period of time that will prevent an unreasonable 
140.34  overcollection of surcharge revenues. 
140.35     (e) Each telephone company shall maintain adequate records 
140.36  of surcharge revenues, expenses, and credits related to the 
141.1   telephone assistance plan and shall, as part of its annual 
141.2   report or separately, provide the commission and the department 
141.3   of public service with a financial report of its experience 
141.4   under the telephone assistance plan for the previous year.  That 
141.5   report must also be adequate to satisfy the reporting 
141.6   requirements of the federal matching plan.  
141.7      (f) The department of public service shall investigate 
141.8   complaints against telephone companies with regard to the 
141.9   telephone assistance plan and shall report the results of its 
141.10  investigation to the commission.  
141.11     Sec. 30.  Minnesota Statutes 1996, section 241.01, 
141.12  subdivision 3a, is amended to read: 
141.13     Subd. 3a.  [COMMISSIONER, POWERS AND DUTIES.] The 
141.14  commissioner of corrections has the following powers and duties: 
141.15     (a) To accept persons committed to the commissioner by the 
141.16  courts of this state for care, custody, and rehabilitation. 
141.17     (b) To determine the place of confinement of committed 
141.18  persons in a correctional facility or other facility of the 
141.19  department of corrections and to prescribe reasonable conditions 
141.20  and rules for their employment, conduct, instruction, and 
141.21  discipline within or outside the facility.  Inmates shall not 
141.22  exercise custodial functions or have authority over other 
141.23  inmates.  Inmates may serve on the board of directors or hold an 
141.24  executive position subordinate to correctional staff in any 
141.25  corporation, private industry or educational program located on 
141.26  the grounds of, or conducted within, a state correctional 
141.27  facility with written permission from the chief executive 
141.28  officer of the facility.  
141.29     (c) To administer the money and property of the department. 
141.30     (d) To administer, maintain, and inspect all state 
141.31  correctional facilities. 
141.32     (e) To transfer authorized positions and personnel between 
141.33  state correctional facilities as necessary to properly staff 
141.34  facilities and programs. 
141.35     (f) To utilize state correctional facilities in the manner 
141.36  deemed to be most efficient and beneficial to accomplish the 
142.1   purposes of this section, but not to close the Minnesota 
142.2   correctional facility-Stillwater or the Minnesota correctional 
142.3   facility-St. Cloud without legislative approval.  The 
142.4   commissioner may place juveniles and adults at the same state 
142.5   minimum security correctional facilities, if there is total 
142.6   separation of and no regular contact between juveniles and 
142.7   adults, except contact incidental to admission, classification, 
142.8   and mental and physical health care.  
142.9      (g) To organize the department and employ personnel the 
142.10  commissioner deems necessary to discharge the functions of the 
142.11  department, including a chief executive officer for each 
142.12  facility under the commissioner's control who shall serve in the 
142.13  unclassified civil service and may, under the provisions of 
142.14  section 43A.33, be removed only for cause, and two internal 
142.15  affairs officers for security. 
142.16     (h) To define the duties of these employees and to delegate 
142.17  to them any of the commissioner's powers, duties and 
142.18  responsibilities, subject to the commissioner's control and the 
142.19  conditions the commissioner prescribes. 
142.20     (i) To annually develop a comprehensive set of goals and 
142.21  objectives designed to clearly establish the priorities of the 
142.22  department of corrections.  This report shall be submitted to 
142.23  the governor and the state legislature commencing January 1, 
142.24  1976.  The commissioner may establish ad hoc advisory committees.
142.25     Sec. 31.  Minnesota Statutes 1996, section 244.09, 
142.26  subdivision 7, is amended to read: 
142.27     Subd. 7.  After the implementation of the sentencing 
142.28  guidelines promulgated by the commission, the commission shall 
142.29  study the their impact of the sentencing guidelines promulgated 
142.30  by the commission after their implementation.  The commission 
142.31  shall also, after implementation of the guidelines, review the 
142.32  powers and duties of the commissioner of corrections and make 
142.33  recommendations to the legislature on the appropriate role, if 
142.34  any, of the board under the guidelines and review the powers and 
142.35  duties of the commissioner of corrections.  
142.36     Sec. 32.  Minnesota Statutes 1996, section 244.13, 
143.1   subdivision 3, is amended to read: 
143.2      Subd. 3.  [EVALUATION.] The commissioner shall develop a 
143.3   system for gathering and analyzing information concerning the 
143.4   value and effectiveness of the intensive community supervision 
143.5   and intensive supervised release programs and shall compile a 
143.6   report to the chairs of the committees in the senate and house 
143.7   of representatives with jurisdiction over criminal justice 
143.8   policy by January 1 of each odd-numbered year. 
143.9      Sec. 33.  Minnesota Statutes 1996, section 245.697, 
143.10  subdivision 2, is amended to read: 
143.11     Subd. 2.  [DUTIES.] The state advisory council on mental 
143.12  health shall:  
143.13     (1) advise the governor, the legislature, and heads of 
143.14  state departments and agencies about policy, programs, and 
143.15  services affecting people with mental illness; 
143.16     (2) advise the commissioner of human services on all phases 
143.17  of the development of mental health aspects of the biennial 
143.18  budget; 
143.19     (3) advise the governor and the legislature about the 
143.20  development of innovative mechanisms for providing and financing 
143.21  services to people with mental illness; 
143.22     (4) encourage state departments and other agencies to 
143.23  conduct needed research in the field of mental health; 
143.24     (5) review recommendations of the subcommittee on 
143.25  children's mental health; 
143.26     (6) educate the public about mental illness and the needs 
143.27  and potential of people with mental illness; 
143.28     (7) review and comment on all grants dealing with mental 
143.29  health and on the development and implementation of state and 
143.30  local mental health plans; and 
143.31     (8) coordinate the work of local children's and adult 
143.32  mental health advisory councils and subcommittees. 
143.33     Sec. 34.  Minnesota Statutes 1996, section 245.697, 
143.34  subdivision 3, is amended to read: 
143.35     Subd. 3.  [REPORTS.] The state advisory council on mental 
143.36  health shall report from time to time on its activities to the 
144.1   governor, the legislature, and the commissioners of health, 
144.2   economic security, and human services.  It shall file a formal 
144.3   report with the governor not later than October 15 of each 
144.4   even-numbered year so that the information contained in the 
144.5   report, including recommendations, can be included in the 
144.6   governor's budget message to the legislature.  It shall also 
144.7   report to the legislature not later than November 15 of each 
144.8   even-numbered year. 
144.9      Sec. 35.  Minnesota Statutes 1996, section 246.06, is 
144.10  amended to read: 
144.11     246.06 [REPORTS.] 
144.12     On or before November 15 in each even-numbered year, the 
144.13  commissioner of human services shall make a report to the 
144.14  governor and legislature covering the biennial period ending 
144.15  June 30th preceding, therein giving observations and conclusions 
144.16  respecting each institution under control of the commissioner.  
144.17  This report shall contain the reports of the executive officers 
144.18  of the institutions, a statement of the visitations thereto, and 
144.19  when and by whom made, the name and salary of every employee of 
144.20  the commissioner, and of every officer and employee of the 
144.21  several institutions.  Such report shall be published under the 
144.22  direction of the commissioner of administration and paid for out 
144.23  of the appropriation for public printing.  The commissioner of 
144.24  human services shall make such other reports to the governor as 
144.25  the commissioner may from time to time require, or as the 
144.26  commissioner may deem necessary, relating to the condition and 
144.27  wants of the several institutions. 
144.28     Sec. 36.  Minnesota Statutes 1996, section 246.64, 
144.29  subdivision 3, is amended to read: 
144.30     Subd. 3.  [RESPONSIBILITIES OF COMMISSIONER.] The 
144.31  commissioner shall credit all receipts from billings for rates 
144.32  set in subdivision 1, except those credited according to 
144.33  subdivision 2, to the chemical dependency fund.  This money must 
144.34  not be used for a regional treatment center activity that is not 
144.35  a chemical dependency service or an allocation of expenditures 
144.36  that are included in the base for computation of the rates under 
145.1   subdivision 1.  The commissioner may expand chemical dependency 
145.2   services so long as expenditures are recovered by patient fees, 
145.3   transfer of funds, or supplementary appropriations.  The 
145.4   commissioner may expand or reduce chemical dependency staff 
145.5   complement as long as expenditures are recovered by patient 
145.6   fees, transfer of funds, or supplementary appropriations.  
145.7   Notwithstanding chapters 176 and 268, the commissioner shall 
145.8   provide for the self-insurance of regional treatment center 
145.9   chemical dependency programs for the costs of reemployment 
145.10  insurance and workers' compensation claims.  The commissioner 
145.11  shall provide a biennial report to the chairs of the senate 
145.12  division on health care and family services, the house of 
145.13  representatives division on health and housing finance, and the 
145.14  senate health care committee and house of representatives health 
145.15  and human services committee.  
145.16     Sec. 37.  Minnesota Statutes 1996, section 252.035, is 
145.17  amended to read: 
145.18     252.035 [REGIONAL TREATMENT CENTER CATCHMENT AREAS.] 
145.19     The commissioner may administratively designate catchment 
145.20  areas for regional treatment centers and state nursing homes.  
145.21  Catchment areas may vary by client group served.  Catchment 
145.22  areas in effect on January 1, 1989, may not be modified until 
145.23  the commissioner has consulted with the regional planning 
145.24  committees of the affected regional treatment centers and with 
145.25  the chairs of the senate health and human services finance 
145.26  division and the house of representatives health and human 
145.27  services appropriation division. 
145.28     Sec. 38.  Minnesota Statutes 1996, section 252.291, 
145.29  subdivision 3, is amended to read: 
145.30     Subd. 3.  [DUTIES OF COMMISSIONER OF HUMAN SERVICES.] The 
145.31  commissioner shall:  
145.32     (a) establish standard admission criteria for state 
145.33  hospitals and county utilization targets to limit and reduce the 
145.34  number of intermediate care beds in state hospitals and 
145.35  community facilities in accordance with approved waivers under 
145.36  United States Code, title 42, sections 1396 to 1396p, as amended 
146.1   through December 31, 1987, to assure that appropriate services 
146.2   are provided in the least restrictive setting; 
146.3      (b) define services, including respite care, that may be 
146.4   needed in meeting individual service plan objectives; 
146.5      (c) provide technical assistance so that county boards may 
146.6   establish a request for proposal system for meeting individual 
146.7   service plan objectives through home and community-based 
146.8   services; alternative community services; or, if no other 
146.9   alternative will meet the needs of identifiable individuals for 
146.10  whom the county is financially responsible, a new intermediate 
146.11  care facility for persons with mental retardation or related 
146.12  conditions; 
146.13     (d) establish a client tracking and evaluation system as 
146.14  required under applicable federal waiver regulations, Code of 
146.15  Federal Regulations, title 42, sections 431, 435, 440, and 441, 
146.16  as amended through December 31, 1987; and 
146.17     (e) develop a state plan for the delivery and funding of 
146.18  residential day and support services to persons with mental 
146.19  retardation or related conditions in Minnesota and submit that 
146.20  plan to the clerk of each house of the Minnesota legislature on 
146.21  or before the 15th of January of each biennium beginning January 
146.22  15, 1985.  The biennial mental retardation plan shall include 
146.23  but not be limited to: 
146.24     (1) county by county maximum intermediate care bed 
146.25  utilization quotas; 
146.26     (2) plans for the development of the number and types of 
146.27  services alternative to intermediate care beds; 
146.28     (3) procedures for the administration and management of the 
146.29  plan; 
146.30     (4) procedures for the evaluation of the implementation of 
146.31  the plan; and 
146.32     (5) the number, type, and location of intermediate care 
146.33  beds targeted for decertification. 
146.34     The commissioner shall modify the plan to ensure 
146.35  conformance with the medical assistance home and community-based 
146.36  services waiver. 
147.1      Sec. 39.  Minnesota Statutes 1996, section 254A.16, 
147.2   subdivision 2, is amended to read: 
147.3      Subd. 2.  (a) The commissioner shall provide program and 
147.4   service guidelines and technical assistance to the county boards 
147.5   in carrying out services authorized under sections 254A.08, 
147.6   254A.12, 254A.14, and their responsibilities under chapter 256E. 
147.7      (b) The commissioner shall recommend to the governor and to 
147.8   the legislature means of improving the efficiency and 
147.9   effectiveness of comprehensive program services in the state and 
147.10  maximizing the use of nongovernmental funds for providing 
147.11  comprehensive programs. 
147.12     Sec. 40.  Minnesota Statutes 1996, section 256.01, 
147.13  subdivision 2, is amended to read: 
147.14     Subd. 2.  [SPECIFIC POWERS.] Subject to the provisions of 
147.15  section 241.021, subdivision 2, the commissioner of human 
147.16  services shall: 
147.17     (1) Administer and supervise all forms of public assistance 
147.18  provided for by state law and other welfare activities or 
147.19  services as are vested in the commissioner.  Administration and 
147.20  supervision of human services activities or services includes, 
147.21  but is not limited to, assuring timely and accurate distribution 
147.22  of benefits, completeness of service, and quality program 
147.23  management.  In addition to administering and supervising human 
147.24  services activities vested by law in the department, the 
147.25  commissioner shall have the authority to: 
147.26     (a) require county agency participation in training and 
147.27  technical assistance programs to promote compliance with 
147.28  statutes, rules, federal laws, regulations, and policies 
147.29  governing human services; 
147.30     (b) monitor, on an ongoing basis, the performance of county 
147.31  agencies in the operation and administration of human services, 
147.32  enforce compliance with statutes, rules, federal laws, 
147.33  regulations, and policies governing welfare services and promote 
147.34  excellence of administration and program operation; 
147.35     (c) develop a quality control program or other monitoring 
147.36  program to review county performance and accuracy of benefit 
148.1   determinations; 
148.2      (d) require county agencies to make an adjustment to the 
148.3   public assistance benefits issued to any individual consistent 
148.4   with federal law and regulation and state law and rule and to 
148.5   issue or recover benefits as appropriate; 
148.6      (e) delay or deny payment of all or part of the state and 
148.7   federal share of benefits and administrative reimbursement 
148.8   according to the procedures set forth in section 256.017; and 
148.9      (f) make contracts with and grants to public and private 
148.10  agencies and organizations, both profit and nonprofit, and 
148.11  individuals, using appropriated funds. 
148.12     (2) Inform county agencies, on a timely basis, of changes 
148.13  in statute, rule, federal law, regulation, and policy necessary 
148.14  to county agency administration of the programs. 
148.15     (3) Administer and supervise all child welfare activities; 
148.16  promote the enforcement of laws protecting handicapped, 
148.17  dependent, neglected and delinquent children, and children born 
148.18  to mothers who were not married to the children's fathers at the 
148.19  times of the conception nor at the births of the children; 
148.20  license and supervise child-caring and child-placing agencies 
148.21  and institutions; supervise the care of children in boarding and 
148.22  foster homes or in private institutions; and generally perform 
148.23  all functions relating to the field of child welfare now vested 
148.24  in the state board of control. 
148.25     (4) Administer and supervise all noninstitutional service 
148.26  to handicapped persons, including those who are visually 
148.27  impaired, hearing impaired, or physically impaired or otherwise 
148.28  handicapped.  The commissioner may provide and contract for the 
148.29  care and treatment of qualified indigent children in facilities 
148.30  other than those located and available at state hospitals when 
148.31  it is not feasible to provide the service in state hospitals. 
148.32     (5) Assist and actively cooperate with other departments, 
148.33  agencies and institutions, local, state, and federal, by 
148.34  performing services in conformity with the purposes of Laws 
148.35  1939, chapter 431. 
148.36     (6) Act as the agent of and cooperate with the federal 
149.1   government in matters of mutual concern relative to and in 
149.2   conformity with the provisions of Laws 1939, chapter 431, 
149.3   including the administration of any federal funds granted to the 
149.4   state to aid in the performance of any functions of the 
149.5   commissioner as specified in Laws 1939, chapter 431, and 
149.6   including the promulgation of rules making uniformly available 
149.7   medical care benefits to all recipients of public assistance, at 
149.8   such times as the federal government increases its participation 
149.9   in assistance expenditures for medical care to recipients of 
149.10  public assistance, the cost thereof to be borne in the same 
149.11  proportion as are grants of aid to said recipients. 
149.12     (7) Establish and maintain any administrative units 
149.13  reasonably necessary for the performance of administrative 
149.14  functions common to all divisions of the department. 
149.15     (8) Act as designated guardian of both the estate and the 
149.16  person of all the wards of the state of Minnesota, whether by 
149.17  operation of law or by an order of court, without any further 
149.18  act or proceeding whatever, except as to persons committed as 
149.19  mentally retarded.  
149.20     (9) Act as coordinating referral and informational center 
149.21  on requests for service for newly arrived immigrants coming to 
149.22  Minnesota. 
149.23     (10) The specific enumeration of powers and duties as 
149.24  hereinabove set forth shall in no way be construed to be a 
149.25  limitation upon the general transfer of powers herein contained. 
149.26     (11) Establish county, regional, or statewide schedules of 
149.27  maximum fees and charges which may be paid by county agencies 
149.28  for medical, dental, surgical, hospital, nursing and nursing 
149.29  home care and medicine and medical supplies under all programs 
149.30  of medical care provided by the state and for congregate living 
149.31  care under the income maintenance programs. 
149.32     (12) Have the authority to conduct and administer 
149.33  experimental projects to test methods and procedures of 
149.34  administering assistance and services to recipients or potential 
149.35  recipients of public welfare.  To carry out such experimental 
149.36  projects, it is further provided that the commissioner of human 
150.1   services is authorized to waive the enforcement of existing 
150.2   specific statutory program requirements, rules, and standards in 
150.3   one or more counties.  The order establishing the waiver shall 
150.4   provide alternative methods and procedures of administration, 
150.5   shall not be in conflict with the basic purposes, coverage, or 
150.6   benefits provided by law, and in no event shall the duration of 
150.7   a project exceed four years.  It is further provided that no 
150.8   order establishing an experimental project as authorized by the 
150.9   provisions of this section shall become effective until the 
150.10  following conditions have been met: 
150.11     (a) The proposed comprehensive plan, including estimated 
150.12  project costs and the proposed order establishing the waiver, 
150.13  shall be filed with the secretary of the senate and chief clerk 
150.14  of the house of representatives at least 60 days prior to its 
150.15  effective date. 
150.16     (b) The secretary of health, education, and welfare of the 
150.17  United States has agreed, for the same project, to waive state 
150.18  plan requirements relative to statewide uniformity. 
150.19     (c) (b) A comprehensive plan, including estimated project 
150.20  costs, shall be approved by the legislative advisory commission 
150.21  and filed with the commissioner of administration.  
150.22     (13) In accordance with federal requirements, establish 
150.23  procedures to be followed by local welfare boards in creating 
150.24  citizen advisory committees, including procedures for selection 
150.25  of committee members. 
150.26     (14) Allocate federal fiscal disallowances or sanctions 
150.27  which are based on quality control error rates for the aid to 
150.28  families with dependent children, medical assistance, or food 
150.29  stamp program in the following manner:  
150.30     (a) One-half of the total amount of the disallowance shall 
150.31  be borne by the county boards responsible for administering the 
150.32  programs.  For the medical assistance and AFDC programs, 
150.33  disallowances shall be shared by each county board in the same 
150.34  proportion as that county's expenditures for the sanctioned 
150.35  program are to the total of all counties' expenditures for the 
150.36  AFDC and medical assistance programs.  For the food stamp 
151.1   program, sanctions shall be shared by each county board, with 50 
151.2   percent of the sanction being distributed to each county in the 
151.3   same proportion as that county's administrative costs for food 
151.4   stamps are to the total of all food stamp administrative costs 
151.5   for all counties, and 50 percent of the sanctions being 
151.6   distributed to each county in the same proportion as that 
151.7   county's value of food stamp benefits issued are to the total of 
151.8   all benefits issued for all counties.  Each county shall pay its 
151.9   share of the disallowance to the state of Minnesota.  When a 
151.10  county fails to pay the amount due hereunder, the commissioner 
151.11  may deduct the amount from reimbursement otherwise due the 
151.12  county, or the attorney general, upon the request of the 
151.13  commissioner, may institute civil action to recover the amount 
151.14  due. 
151.15     (b) Notwithstanding the provisions of paragraph (a), if the 
151.16  disallowance results from knowing noncompliance by one or more 
151.17  counties with a specific program instruction, and that knowing 
151.18  noncompliance is a matter of official county board record, the 
151.19  commissioner may require payment or recover from the county or 
151.20  counties, in the manner prescribed in paragraph (a), an amount 
151.21  equal to the portion of the total disallowance which resulted 
151.22  from the noncompliance, and may distribute the balance of the 
151.23  disallowance according to paragraph (a).  
151.24     (15) Develop and implement special projects that maximize 
151.25  reimbursements and result in the recovery of money to the 
151.26  state.  For the purpose of recovering state money, the 
151.27  commissioner may enter into contracts with third parties.  Any 
151.28  recoveries that result from projects or contracts entered into 
151.29  under this paragraph shall be deposited in the state treasury 
151.30  and credited to a special account until the balance in the 
151.31  account reaches $1,000,000.  When the balance in the account 
151.32  exceeds $1,000,000, the excess shall be transferred and credited 
151.33  to the general fund.  All money in the account is appropriated 
151.34  to the commissioner for the purposes of this paragraph. 
151.35     (16) Have the authority to make direct payments to 
151.36  facilities providing shelter to women and their children 
152.1   pursuant to section 256D.05, subdivision 3.  Upon the written 
152.2   request of a shelter facility that has been denied payments 
152.3   under section 256D.05, subdivision 3, the commissioner shall 
152.4   review all relevant evidence and make a determination within 30 
152.5   days of the request for review regarding issuance of direct 
152.6   payments to the shelter facility.  Failure to act within 30 days 
152.7   shall be considered a determination not to issue direct payments.
152.8      (17) Have the authority to establish and enforce the 
152.9   following county reporting requirements:  
152.10     (a) The commissioner shall establish fiscal and statistical 
152.11  reporting requirements necessary to account for the expenditure 
152.12  of funds allocated to counties for human services programs.  
152.13  When establishing financial and statistical reporting 
152.14  requirements, the commissioner shall evaluate all reports, in 
152.15  consultation with the counties, to determine if the reports can 
152.16  be simplified or the number of reports can be reduced. 
152.17     (b) The county board shall submit monthly or quarterly 
152.18  reports to the department as required by the commissioner.  
152.19  Monthly reports are due no later than 15 working days after the 
152.20  end of the month.  Quarterly reports are due no later than 30 
152.21  calendar days after the end of the quarter, unless the 
152.22  commissioner determines that the deadline must be shortened to 
152.23  20 calendar days to avoid jeopardizing compliance with federal 
152.24  deadlines or risking a loss of federal funding.  Only reports 
152.25  that are complete, legible, and in the required format shall be 
152.26  accepted by the commissioner.  
152.27     (c) If the required reports are not received by the 
152.28  deadlines established in clause (b), the commissioner may delay 
152.29  payments and withhold funds from the county board until the next 
152.30  reporting period.  When the report is needed to account for the 
152.31  use of federal funds and the late report results in a reduction 
152.32  in federal funding, the commissioner shall withhold from the 
152.33  county boards with late reports an amount equal to the reduction 
152.34  in federal funding until full federal funding is received.  
152.35     (d) A county board that submits reports that are late, 
152.36  illegible, incomplete, or not in the required format for two out 
153.1   of three consecutive reporting periods is considered 
153.2   noncompliant.  When a county board is found to be noncompliant, 
153.3   the commissioner shall notify the county board of the reason the 
153.4   county board is considered noncompliant and request that the 
153.5   county board develop a corrective action plan stating how the 
153.6   county board plans to correct the problem.  The corrective 
153.7   action plan must be submitted to the commissioner within 45 days 
153.8   after the date the county board received notice of noncompliance.
153.9      (e) The final deadline for fiscal reports or amendments to 
153.10  fiscal reports is one year after the date the report was 
153.11  originally due.  If the commissioner does not receive a report 
153.12  by the final deadline, the county board forfeits the funding 
153.13  associated with the report for that reporting period and the 
153.14  county board must repay any funds associated with the report 
153.15  received for that reporting period. 
153.16     (f) The commissioner may not delay payments, withhold 
153.17  funds, or require repayment under paragraph (c) or (e) if the 
153.18  county demonstrates that the commissioner failed to provide 
153.19  appropriate forms, guidelines, and technical assistance to 
153.20  enable the county to comply with the requirements.  If the 
153.21  county board disagrees with an action taken by the commissioner 
153.22  under paragraph (c) or (e), the county board may appeal the 
153.23  action according to sections 14.57 to 14.69. 
153.24     (g) Counties subject to withholding of funds under 
153.25  paragraph (c) or forfeiture or repayment of funds under 
153.26  paragraph (e) shall not reduce or withhold benefits or services 
153.27  to clients to cover costs incurred due to actions taken by the 
153.28  commissioner under paragraph (c) or (e). 
153.29     (18) Allocate federal fiscal disallowances or sanctions for 
153.30  audit exceptions when federal fiscal disallowances or sanctions 
153.31  are based on a statewide random sample for the foster care 
153.32  program under title IV-E of the Social Security Act, United 
153.33  States Code, title 42, in direct proportion to each county's 
153.34  title IV-E foster care maintenance claim for that period. 
153.35     Sec. 41.  Minnesota Statutes 1996, section 256.016, is 
153.36  amended to read: 
154.1      256.016 [PLAIN LANGUAGE IN WRITTEN MATERIALS.] 
154.2      (a) To the extent reasonable and consistent with the goals 
154.3   of providing easily understandable and readable materials and 
154.4   complying with federal and state laws governing the programs, 
154.5   all written materials relating to services and determinations of 
154.6   eligibility for or amounts of benefits that will be given to 
154.7   applicants for or recipients of assistance under a program 
154.8   administered or supervised by the commissioner of human services 
154.9   must be understandable to a person who reads at the 
154.10  seventh-grade level, using the Flesch scale analysis readability 
154.11  score as determined under section 72C.09. 
154.12     (b) All written materials relating to determinations of 
154.13  eligibility for or amounts of benefits that will be given to 
154.14  applicants for or recipients of assistance under programs 
154.15  administered or supervised by the commissioner of human services 
154.16  must be developed to satisfy the plain language requirements of 
154.17  the plain language contract act under sections 325G.29 to 
154.18  325G.36.  Materials may be submitted to the attorney general for 
154.19  review and certification.  Notwithstanding section 325G.35, 
154.20  subdivision 1, the attorney general shall review submitted 
154.21  materials to determine whether they comply with the requirements 
154.22  of section 325G.31.  The remedies available pursuant to sections 
154.23  8.31 and 325G.33 to 325G.36 do not apply to these materials.  
154.24  Failure to comply with this section does not provide a basis for 
154.25  suspending the implementation or operation of other laws 
154.26  governing programs administered by the commissioner. 
154.27     (c) The requirements of this section apply to all materials 
154.28  modified or developed by the commissioner on or after July 1, 
154.29  1988.  The requirements of this section do not apply to 
154.30  materials that must be submitted to a federal agency for 
154.31  approval, to the extent that application of the requirements 
154.32  prevents federal approval. 
154.33     (d) Nothing in this section may be construed to prohibit a 
154.34  lawsuit brought to require the commissioner to comply with this 
154.35  section or to affect individual appeal rights granted pursuant 
154.36  to section 256.045. 
155.1      (e) The commissioner shall report annually to the chairs of 
155.2   the health and human services divisions of the senate finance 
155.3   committee and the house of representatives appropriations 
155.4   committee on the number and outcome of cases that raise the 
155.5   issue of the commissioner's compliance with this section. 
155.6      Sec. 42.  Minnesota Statutes 1996, section 256.736, 
155.7   subdivision 3a, is amended to read: 
155.8      Subd. 3a.  [PARTICIPATION.] (a) Except as provided under 
155.9   paragraphs (b) and (c), participation in employment and training 
155.10  services under this section is limited to the following 
155.11  recipients:  
155.12     (1) caretakers who are required to participate in a job 
155.13  search under subdivision 14; 
155.14     (2) custodial parents who are subject to the school 
155.15  attendance or case management participation requirements under 
155.16  subdivision 3b; 
155.17     (3) caretakers whose participation in employment and 
155.18  training services began prior to May 1, 1990, if the caretaker's 
155.19  AFDC eligibility has not been interrupted for 30 days or more 
155.20  and the caretaker's employability development plan has not been 
155.21  completed; 
155.22     (4) recipients who are members of a family in which the 
155.23  youngest child is within two years of being ineligible for AFDC 
155.24  due to age; 
155.25     (5) custodial parents under the age of 24 who:  (i) have 
155.26  not completed a high school education and who, at the time of 
155.27  application for AFDC, were not enrolled in high school or in a 
155.28  high school equivalency program; or (ii) have had little or no 
155.29  work experience in the preceding year; 
155.30     (6) recipients who have received AFDC for 36 or more months 
155.31  out of the last 60 months; 
155.32     (7) recipients who are participants in the self-employment 
155.33  investment demonstration project under section 268.95; and 
155.34     (8) recipients who participate in the new chance research 
155.35  and demonstration project under contract with the department of 
155.36  human services. 
156.1      (b) If the commissioner determines that participation of 
156.2   persons listed in paragraph (a) in employment and training 
156.3   services is insufficient either to meet federal performance 
156.4   targets or to fully utilize funds appropriated under this 
156.5   section, the commissioner may, after notifying the chairs of the 
156.6   senate family services committee, the house health and human 
156.7   services committee, the family services division of the senate 
156.8   family services and health care committees, and the human 
156.9   services division of the house health and human services 
156.10  committee, permit additional groups of recipients to participate 
156.11  until the next meeting of the legislative advisory commission, 
156.12  after which the additional groups may continue to enroll for 
156.13  participation unless the legislative advisory commission 
156.14  disapproves the continued enrollment.  The commissioner shall 
156.15  allow participation of additional groups in the following order 
156.16  only as needed to meet performance targets or fully utilize 
156.17  funding for employment and training services under this section: 
156.18     (1) recipients who have received 24 or more months of AFDC 
156.19  out of the previous 48 months; and 
156.20     (2) recipients who have not completed a high school 
156.21  education or a high school equivalency program. 
156.22     (c) To the extent of money appropriated specifically for 
156.23  this paragraph, the commissioner may permit AFDC caretakers who 
156.24  are not eligible for participation in employment and training 
156.25  services under the provisions of paragraph (a) or (b) to 
156.26  participate.  Money must be allocated to county agencies based 
156.27  on the county's percentage of participants statewide in services 
156.28  under this section in the prior calendar year.  Caretakers must 
156.29  be selected on a first-come, first-served basis from a waiting 
156.30  list of caretakers who volunteer to participate.  The 
156.31  commissioner may, on a quarterly basis, reallocate unused 
156.32  allocations to county agencies that have sufficient volunteers.  
156.33  If funding under this paragraph is discontinued in future fiscal 
156.34  years, caretakers who began participating under this paragraph 
156.35  must be deemed eligible under paragraph (a), clause (3). 
156.36     (d) Participants who are eligible and enroll in the STRIDE 
157.1   program under one of the categories of this subdivision are 
157.2   required to cooperate with the assessment and employability plan 
157.3   development and to meet the terms of their employability plan.  
157.4   Failure to comply, without good cause, shall result in the 
157.5   imposition of sanctions as specified in subdivision 4, clause 
157.6   (6). 
157.7      Sec. 43.  Minnesota Statutes 1996, section 256.7365, 
157.8   subdivision 7, is amended to read: 
157.9      Subd. 7.  [DEMONSTRATION AND EVALUATION.] For the biennium 
157.10  ending June 30, 1989, projects are demonstration projects to 
157.11  test the effectiveness of differing approaches to serving 
157.12  populations with acute needs.  The commissioner of human 
157.13  services shall submit to the governor and the legislature a 
157.14  progress report by February 1, 1989, and shall submit subsequent 
157.15  program evaluation reports to the governor as part of the 
157.16  biennial plan. 
157.17     Sec. 44.  Minnesota Statutes 1996, section 256.9742, 
157.18  subdivision 1, is amended to read: 
157.19     Subdivision 1.  [DUTIES.] The ombudsman shall: 
157.20     (1) gather information and evaluate any act, practice, 
157.21  policy, procedure, or administrative action of a long-term care 
157.22  facility, acute care facility, home care service provider, or 
157.23  government agency that may adversely affect the health, safety, 
157.24  welfare, or rights of any client; 
157.25     (2) mediate or advocate on behalf of clients; 
157.26     (3) monitor the development and implementation of federal, 
157.27  state, or local laws, rules, regulations, and policies affecting 
157.28  the rights and benefits of clients; 
157.29     (4) comment on and recommend to the legislature and public 
157.30  and private agencies regarding laws, rules, regulations, and 
157.31  policies affecting clients; 
157.32     (5) inform public agencies about the problems of clients; 
157.33     (6) provide for training of volunteers and promote the 
157.34  development of citizen participation in the work of the office; 
157.35     (7) conduct public forums to obtain information about and 
157.36  publicize issues affecting clients; 
158.1      (8) provide public education regarding the health, safety, 
158.2   welfare, and rights of clients; and 
158.3      (9) collect and analyze data relating to complaints, 
158.4   conditions, and services. 
158.5      Sec. 45.  Minnesota Statutes 1996, section 256D.04, is 
158.6   amended to read: 
158.7      256D.04 [DUTIES OF THE COMMISSIONER.] 
158.8      In addition to any other duties imposed by law, the 
158.9   commissioner shall: 
158.10     (1) Supervise according to section 256.01 the 
158.11  administration of general assistance and general assistance 
158.12  medical care by county agencies as provided in sections 256D.01 
158.13  to 256D.21; 
158.14     (2) Promulgate uniform rules consistent with law for 
158.15  carrying out and enforcing the provisions of sections 256D.01 to 
158.16  256D.21, including section 256D.05, subdivision 3, and section 
158.17  256.01, subdivision 2, paragraph (16), to the end that general 
158.18  assistance may be administered as uniformly as possible 
158.19  throughout the state; rules shall be furnished immediately to 
158.20  all county agencies and other interested persons; in 
158.21  promulgating rules, the provisions of sections 14.001 to 14.69, 
158.22  shall apply; 
158.23     (3) Allocate money appropriated for general assistance and 
158.24  general assistance medical care to county agencies as provided 
158.25  in section 256D.03, subdivisions 2 and 3; 
158.26     (4) Accept and supervise the disbursement of any funds that 
158.27  may be provided by the federal government or from other sources 
158.28  for use in this state for general assistance and general 
158.29  assistance medical care; 
158.30     (5) Cooperate with other agencies including any agency of 
158.31  the United States or of another state in all matters concerning 
158.32  the powers and duties of the commissioner under sections 256D.01 
158.33  to 256D.21; 
158.34     (6) Cooperate to the fullest extent with other public 
158.35  agencies empowered by law to provide vocational training, 
158.36  rehabilitation, or similar services; 
159.1      (7) Gather and study current information and report at 
159.2   least annually to the governor and legislature on the nature and 
159.3   need for general assistance and general assistance medical care, 
159.4   the amounts expended under the supervision of each county 
159.5   agency, and the activities of each county agency and publish 
159.6   such reports for the information of the public; 
159.7      (8) Specify requirements for general assistance and general 
159.8   assistance medical care reports, including fiscal reports, 
159.9   according to section 256.01, subdivision 2, paragraph (17); and 
159.10     (9) Ensure that every notice of eligibility for general 
159.11  assistance includes a notice that women who are pregnant may be 
159.12  eligible for medical assistance benefits. 
159.13     Sec. 46.  Minnesota Statutes 1996, section 256E.04, 
159.14  subdivision 1, is amended to read: 
159.15     Subdivision 1.  The commissioner shall prepare a biennial 
159.16  social services plan and present the plan to the governor and 
159.17  the legislature.  The commissioner shall update the plan 
159.18  biennially.  The plan shall include: 
159.19     (a) a description of state social service programs and 
159.20  priorities; 
159.21     (b) an overview of all county biennial community social 
159.22  services plans; 
159.23     (c) identification of social services program requirements 
159.24  which counties have identified as unnecessarily administratively 
159.25  burdensome; 
159.26     (d) identification of social services program requirements 
159.27  for which inadequate state and local funding is available; and 
159.28     (e) identification of unmet needs reported by the county 
159.29  agencies. 
159.30     The commissioner shall consult with the heads of human 
159.31  service related state departments and agencies in preparing the 
159.32  coordination statement required by this subdivision. 
159.33     Sec. 47.  Minnesota Statutes 1996, section 256F.04, 
159.34  subdivision 3, is amended to read: 
159.35     Subd. 3.  [MONITORING.] The commissioner shall design and 
159.36  implement methods for monitoring the delivery and evaluating the 
160.1   effectiveness of placement prevention and family reunification 
160.2   services.  The commissioner shall monitor the provision of 
160.3   family-based services, and conduct evaluations, and prepare and 
160.4   submit biannual reports to the legislature. 
160.5      Sec. 48.  Minnesota Statutes 1996, section 260.181, 
160.6   subdivision 3a, is amended to read: 
160.7      Subd. 3a.  [REPORTS; JUVENILES PLACED OUT OF STATE.] (a) 
160.8   Whenever a child is placed in a residential program located 
160.9   outside of this state pursuant to a disposition order issued 
160.10  under section 260.185 or 260.191, the juvenile court 
160.11  administrator shall report the following information to the 
160.12  state court administrator: 
160.13     (1) the fact that the placement is out of state; 
160.14     (2) the type of placement; and 
160.15     (3) the reason for the placement. 
160.16     (b) By July 1, 1994, and each year thereafter, the state 
160.17  court administrator shall file a report with the legislature 
160.18  containing the information reported under paragraph (a) during 
160.19  the previous calendar year. 
160.20     Sec. 49.  Minnesota Statutes 1996, section 290.171, is 
160.21  amended to read: 
160.22     290.171 [ENACTMENT OF MULTISTATE TAX COMPACT.] 
160.23     The "multistate tax compact" is hereby enacted into law to 
160.24  the extent provided in this section and entered into with all 
160.25  jurisdictions legally joining therein, in the form substantially 
160.26  as follows:  
160.27                       Article I.  Purposes. 
160.28     The purposes of this compact are to:  
160.29     1.  Facilitate proper determination of state and local tax 
160.30  liability of multistate taxpayers, including the equitable 
160.31  apportionment of tax bases and settlement of apportionment 
160.32  disputes.  
160.33     2.  Promote uniformity or compatibility in significant 
160.34  components of tax systems.  
160.35     3.  Facilitate taxpayer convenience and compliance in the 
160.36  filing of tax returns and in other phases of tax administration. 
161.1      4.  Avoid duplicative taxation.  
161.2                      Article II.  Definitions. 
161.3      As used in this compact:  
161.4      1.  "State" means a state of the United States, the 
161.5   District of Columbia, the Commonwealth of Puerto Rico, or any 
161.6   territory or possession of the United States.  
161.7      2.  "Subdivision" means any governmental unit or special 
161.8   district of a state.  
161.9      3.  "Taxpayer" means any corporation, partnership, firm, 
161.10  association, governmental unit or agency or person acting as a 
161.11  business entity in more than one state.  
161.12     4.  "Income tax" means a tax imposed on or measured by net 
161.13  income including any tax imposed on or measured by an amount 
161.14  arrived at by deducting expenses from gross income, one or more 
161.15  forms of which expenses are not specifically and directly 
161.16  related to particular transactions.  
161.17     5.  "Capital stock tax" means a tax measured in any way by 
161.18  the capital of a corporation considered in its entirety.  
161.19     6.  "Gross receipts tax" means a tax, other than a sales 
161.20  tax, which is imposed on or measured by the gross volume of 
161.21  business, in terms of gross receipts or in other terms, and in 
161.22  the determination of which no deduction is allowed which would 
161.23  constitute the tax an income tax.  
161.24     7.  "Sales tax" means a tax imposed with respect to the 
161.25  transfer for a consideration of ownership, possession or custody 
161.26  of tangible personal property or the rendering of services 
161.27  measured by the price of the tangible personal property 
161.28  transferred or services rendered and which is required by state 
161.29  or local law to be separately stated from the sales price by the 
161.30  seller, or which is customarily separately stated from the sales 
161.31  price, but does not include a tax imposed exclusively on the 
161.32  sale of a specifically identified commodity or article or class 
161.33  of commodities or articles.  
161.34     8.  "Use tax" means a nonrecurring tax, other than a sales 
161.35  tax, which (a) is imposed on or with respect to the exercise or 
161.36  enjoyment of any right or power over tangible personal property 
162.1   incident to the ownership, possession or custody of that 
162.2   property or the leasing of that property from another including 
162.3   any consumption, keeping, retention, or other use of tangible 
162.4   personal property and (b) is complementary to a sales tax.  
162.5      9.  "Tax" means an income tax, capital stock tax, gross 
162.6   receipts tax, sales tax, use tax, and any other tax which has a 
162.7   multistate impact, except that the provisions of article V of 
162.8   this compact shall apply only to the taxes specifically 
162.9   designated therein.  
162.10             Article III.  Elements of Income Tax Laws.
162.11                  Article IV.  Division of Income.
162.12          Article V.  Elements of Sales and Use Tax Laws. 
162.13                            Tax Credit. 
162.14     1.  Each purchaser liable for a use tax on tangible 
162.15  personal property shall be entitled to full credit for the 
162.16  combined amount or amounts of legally imposed sales or use taxes 
162.17  paid by him with respect to the same property to another state 
162.18  and any subdivision thereof.  The credit shall be applied first 
162.19  against the amount of any use tax due the state, and any unused 
162.20  portion of the credit shall then be applied against the amount 
162.21  of any use tax due a subdivision. 
162.22     2.  Whenever a vendor receives and accepts in good faith 
162.23  from a purchaser a resale or other exemption certificate or 
162.24  other written evidence of exemption authorized by the 
162.25  appropriate state or subdivision taxing authority, the vendor 
162.26  shall be relieved of liability for a sales or use tax with 
162.27  respect to the transaction.  
162.28                    Article VI.  The Commission. 
162.29                    Organization and Management. 
162.30     1.  (a) The multistate tax commission is hereby 
162.31  established.  It shall be composed of one "member" from each 
162.32  party state who shall be the head of the state agency charged 
162.33  with the administration of the types of taxes to which this 
162.34  compact applies.  If there is more than one such agency the 
162.35  state shall provide by law for the selection of the commission 
162.36  member from the heads of the relevant agencies.  State law may 
163.1   provide that a member of the commission be represented by an 
163.2   alternate but only if there is on file with the commission 
163.3   written notification of the designation and identity of the 
163.4   alternate.  The attorney general of each party state or his 
163.5   designee, or other counsel if the laws of the party state 
163.6   specifically provide, shall be entitled to attend the meetings 
163.7   of the commission, but shall not vote.  Such attorneys general, 
163.8   designees, or other counsel shall receive all notices of 
163.9   meetings required under paragraph 1(e) of this article.  
163.10     (b) Each party state shall provide by law for the selection 
163.11  of representatives from its subdivisions affected by this 
163.12  compact to consult with the commission member from that state.  
163.13     (c) Each member shall be entitled to one vote.  The 
163.14  commission shall not act unless a majority of the members are 
163.15  present, and no action shall be binding unless approved by a 
163.16  majority of the total number of members.  
163.17     (d) The commission shall adopt an official seal to be used 
163.18  as it may provide.  
163.19     (e) The commission shall hold an annual meeting and such 
163.20  other regular meetings as its bylaws may provide and such 
163.21  special meetings as its executive committee may determine.  The 
163.22  commission bylaws shall specify the dates of the annual and any 
163.23  other regular meetings, and shall provide for the giving of 
163.24  notice of annual, regular and special meetings.  Notices of 
163.25  special meetings shall include the reasons therefor and an 
163.26  agenda of the items to be considered.  
163.27     (f) The commission shall elect annually, from among its 
163.28  members, a chairman, a vice-chairman and a treasurer.  The 
163.29  commission shall appoint an executive director who shall serve 
163.30  at its pleasure, and it shall fix his duties and compensation. 
163.31  The executive director shall be secretary of the commission.  
163.32  The commission shall make provision for the bonding of such of 
163.33  its officers and employees as it may deem appropriate.  
163.34     (g) Irrespective of the civil service, personnel or other 
163.35  merit system laws of any party state, the executive director 
163.36  shall appoint or discharge such personnel as may be necessary 
164.1   for the performance of the functions of the commission and shall 
164.2   fix their duties and compensation.  The commission bylaws shall 
164.3   provide for personnel policies and programs.  
164.4      (h) The commission may borrow, accept or contract for the 
164.5   services of personnel from any state, the United States, or any 
164.6   other governmental entity.  
164.7      (i) The commission may accept for any of its purposes and 
164.8   functions any and all donations and grants of money, equipment, 
164.9   supplies, materials and services, conditional or otherwise, from 
164.10  any governmental entity, and may utilize and dispose of the same.
164.11     (j) The commission may establish one or more offices for 
164.12  the transacting of its business.  
164.13     (k) The commission shall adopt bylaws for the conduct of 
164.14  its business.  The commission shall publish its bylaws in 
164.15  convenient form, and shall file a copy of the bylaws and any 
164.16  amendments thereto with the appropriate agency or officer in 
164.17  each of the party states.  
164.18     (l) The commission annually shall make to the governor and 
164.19  legislature of each party state a report covering its activities 
164.20  for the preceding year.  Any donation or grant accepted by the 
164.21  commission or services borrowed shall be reported in the annual 
164.22  report of the commission, and shall include the nature, amount 
164.23  and conditions, if any, of the donation, gift, grant or services 
164.24  borrowed and the identity of the donor or lender.  The 
164.25  commission may make additional reports as it may deem desirable. 
164.26                            Committees. 
164.27     2.  (a) To assist in the conduct of its business when the 
164.28  full commission is not meeting, the commission shall have an 
164.29  executive committee of seven members, including the chairman, 
164.30  vice chairman, treasurer and four other members elected annually 
164.31  by the commission.  The executive committee, subject to the 
164.32  provisions of this compact and consistent with the policies of 
164.33  the commission, shall function as provided in the bylaws of the 
164.34  commission.  
164.35     (b) The commission may establish advisory and technical 
164.36  committees, membership on which may include private persons and 
165.1   public officials, in furthering any of its activities.  Such 
165.2   committees may consider any matter of concern to the commission, 
165.3   including problems of special interest to any party state and 
165.4   problems dealing with particular types of taxes.  
165.5      (c) The commission may establish such additional committees 
165.6   as its bylaws may provide.  
165.7                               Powers. 
165.8      3.  In addition to powers conferred elsewhere in this 
165.9   compact, the commission shall have power to:  
165.10     (a) Study state and local tax systems and particular types 
165.11  of state and local taxes.  
165.12     (b) Develop and recommend proposals for an increase in 
165.13  uniformity or compatibility of state and local tax laws with a 
165.14  view toward encouraging the simplification and improvement of 
165.15  state and local tax law and administration.  
165.16     (c) Compile and publish information as in its judgment 
165.17  would assist the party states in implementation of the compact 
165.18  and taxpayers in complying with state and local tax laws.  
165.19     (d) Do all things necessary and incidental to the 
165.20  administration of its functions pursuant to this compact.  
165.21                              Finance. 
165.22     4.  (a) The commission shall submit to the governor or 
165.23  designated officer or officers of each party state a budget of 
165.24  its estimated expenditures for such period as may be required by 
165.25  the laws of that state for presentation to the legislature 
165.26  thereof.  
165.27     (b) Each of the commission's budgets of estimated 
165.28  expenditures shall contain specific recommendations of the 
165.29  amounts to be appropriated by each of the party states.  The 
165.30  total amount of appropriations requested under any such budget 
165.31  shall be apportioned among the party states as follows: 
165.32  one-tenth in equal shares; and the remainder in proportion to 
165.33  the amount of revenue collected by each party state and its 
165.34  subdivisions from income taxes, capital stock taxes, gross 
165.35  receipts taxes, sales and use taxes.  In determining such 
165.36  amounts, the commission shall employ such available public 
166.1   sources of information as, in its judgment, present the most 
166.2   equitable and accurate comparisons among the party states.  Each 
166.3   of the commission's budgets of estimated expenditures and 
166.4   requests for appropriations shall indicate the sources used in 
166.5   obtaining information employed in applying the formula contained 
166.6   in this paragraph.  
166.7      (c) The commission shall not pledge the credit of any party 
166.8   state.  The commission may meet any of its obligations in whole 
166.9   or in part with funds available to it under paragraph 1(i) of 
166.10  this article, provided that the commission takes specific action 
166.11  setting aside such funds prior to incurring any obligation to be 
166.12  met in whole or in part in such manner.  Except where the 
166.13  commission makes use of funds available to it under paragraph 
166.14  1(i), the commission shall not incur any obligation prior to the 
166.15  allotment of funds by the party states adequate to meet the same.
166.16     (d) The commission shall keep accurate accounts of all 
166.17  receipts and disbursements.  The receipts and disbursements of 
166.18  the commission shall be subject to the audit and accounting 
166.19  procedures established under its bylaws.  All receipts and 
166.20  disbursements of funds handled by the commission shall be 
166.21  audited yearly by a certified or licensed public accountant and 
166.22  the report of the audit shall be included in and become part of 
166.23  the annual report of the commission.  
166.24     (e) The accounts of the commission shall be open at any 
166.25  reasonable time for inspection by duly constituted officers of 
166.26  the party states and by any persons authorized by the commission.
166.27     (f) Nothing contained in this article shall be construed to 
166.28  prevent commission compliance with laws relating to audit or 
166.29  inspection of accounts by or on behalf of any government 
166.30  contributing to the support of the commission.  
166.31            Article VII.  Uniform Regulations and Forms. 
166.32     1.  Whenever any two or more party states, or subdivisions 
166.33  of party states, have uniform or similar provisions of law 
166.34  relating to an income tax, capital stock tax, gross receipts 
166.35  tax, sales or use tax, the commission may adopt uniform 
166.36  regulations for any phase of the administration of such law, 
167.1   including assertion of jurisdiction to tax, or prescribing 
167.2   uniform tax forms.  
167.3      2.  Prior to the adoption of any regulation, the commission 
167.4   shall:  
167.5      (a) As provided in its bylaws, hold at least one public 
167.6   hearing on due notice to all affected party states and 
167.7   subdivisions thereof and to all taxpayers and other persons who 
167.8   have made timely request of the commission for advance notice of 
167.9   its regulation-making proceedings.  
167.10     (b) Afford all affected party states and subdivisions and 
167.11  interested persons an opportunity to submit relevant written 
167.12  data and views, which shall be considered fully by the 
167.13  commission.  
167.14     3.  The commission shall submit any regulations adopted by 
167.15  it to the appropriate officials of all party states and 
167.16  subdivisions to which they might apply.  Each such state and 
167.17  subdivision shall consider any such regulation for adoption in 
167.18  accordance with its own laws and procedures.  
167.19                 Article VIII.  Interstate Audits. 
167.20     1.  Any party state or subdivision thereof desiring to make 
167.21  or participate in an audit of any accounts, books, papers, 
167.22  records or other documents may request the commission to perform 
167.23  the audit on its behalf.  In responding to the request, the 
167.24  commission shall have access to and may examine, at any 
167.25  reasonable time, such accounts, books, papers, records, and 
167.26  other documents and any relevant property or stock of 
167.27  merchandise.  The commission may enter into agreements with 
167.28  party states or their subdivisions for assistance in performance 
167.29  of the audit.  The commission shall make charges, to be paid by 
167.30  the state or local government or governments for which it 
167.31  performs the service, for any audits performed by it in order to 
167.32  reimburse itself for the actual costs incurred in making the 
167.33  audit.  
167.34     2.  The commission may require the attendance of any person 
167.35  within the state where it is conducting an audit or part thereof 
167.36  at a time and place fixed by it within such state for the 
168.1   purpose of giving testimony with respect to any account, book, 
168.2   paper, document, other record, property or stock of merchandise 
168.3   being examined in connection with the audit.  If the person is 
168.4   not within the jurisdiction, he may be required to attend for 
168.5   such purpose at any time and place fixed by the commission 
168.6   within the state of which he is a resident, provided that such 
168.7   state has adopted this article.  
168.8      3.  The commission may apply to any court having power to 
168.9   issue compulsory process for orders in aid of its powers and 
168.10  responsibilities pursuant to this article and any and all such 
168.11  courts shall have jurisdiction to issue such orders.  Failure of 
168.12  any person to obey any such order shall be punishable as 
168.13  contempt of the issuing court.  If the party or subject matter 
168.14  on account of which the commission seeks an order is within the 
168.15  jurisdiction of the court to which application is made, such 
168.16  application may be to a court in the state or subdivision on 
168.17  behalf of which the audit is being made or a court in the state 
168.18  in which the object of the order being sought is situated.  The 
168.19  provisions of this paragraph apply only to courts in a state 
168.20  that has adopted this article.  
168.21     4.  The commission may decline to perform any audit 
168.22  requested if it finds that its available personnel or other 
168.23  resources are insufficient for the purpose or that, in the terms 
168.24  requested, the audit is impracticable of satisfactory 
168.25  performance.  If the commission, on the basis of its experience, 
168.26  has reason to believe that an audit of a particular taxpayer, 
168.27  either at a particular time or on a particular schedule, would 
168.28  be of interest to a number of party states or their 
168.29  subdivisions, it may offer to make the audit or audits, the 
168.30  offer to be contingent on sufficient participation therein as 
168.31  determined by the commission.  
168.32     5.  Information obtained by any audit pursuant to this 
168.33  article shall be confidential and available only for tax 
168.34  purposes to party states, their subdivisions or the United 
168.35  States.  Availability of information shall be in accordance with 
168.36  the laws of the states or subdivisions on whose account the 
169.1   commission performs the audit, and only through the appropriate 
169.2   agencies or officers of such states or subdivisions.  Nothing in 
169.3   this article shall be construed to require any taxpayer to keep 
169.4   records for any period not otherwise required by law.  
169.5      6.  Other arrangements made or authorized pursuant to law 
169.6   for cooperative audit by or on behalf of the party states or any 
169.7   of their subdivisions are not superseded or invalidated by this 
169.8   article.  
169.9      7.  In no event shall the commission make any charge 
169.10  against a taxpayer for an audit.  
169.11     8.  As used in this article, "tax," in addition to the 
169.12  meaning ascribed to it in article II, means any tax or license 
169.13  fee imposed in whole or in part for revenue purposes.  
169.14                     Article IX.  Arbitration. 
169.15     1.  Whenever the commission finds a need for settling 
169.16  disputes concerning apportionments and allocations by 
169.17  arbitration, it may adopt a regulation placing this article in 
169.18  effect, notwithstanding the provisions of article VII.  
169.19     2.  The commission shall select and maintain an arbitration 
169.20  panel composed of officers and employees of state and local 
169.21  governments and private persons who shall be knowledgeable and 
169.22  experienced in matters of tax law and administration.  
169.23     3.  Whenever the laws of the party states or subdivisions 
169.24  thereof are substantially identical with the relevant provisions 
169.25  of this chapter, the taxpayer, by written notice to the 
169.26  commission and to each party state or subdivision thereof that 
169.27  would be affected, may secure arbitration of an apportionment or 
169.28  allocation, if he is dissatisfied with the final administrative 
169.29  determination of the tax agency of the state or subdivision with 
169.30  respect thereto on the ground that it would subject him to 
169.31  double or multiple taxation by two or more party states or 
169.32  subdivisions thereof.  Each party state and subdivision thereof 
169.33  hereby consents to the arbitration as provided herein, and 
169.34  agrees to be bound thereby.  
169.35     4.  The arbitration board shall be composed of one person 
169.36  selected by the taxpayer, one by the agency or agencies 
170.1   involved, and one member of the commission's arbitration panel. 
170.2   If the agencies involved are unable to agree on the person to be 
170.3   selected by them, such person shall be selected by lot from the 
170.4   total membership of the arbitration panel.  The two persons 
170.5   selected for the board in the manner provided by the foregoing 
170.6   provisions of this paragraph shall jointly select the third 
170.7   member of the board.  If they are unable to agree on the 
170.8   selection, the third member shall be selected by lot from among 
170.9   the total membership of the arbitration panel.  No member of a 
170.10  board selected by lot shall be qualified to serve if he is an 
170.11  officer or employee or is otherwise affiliated with any party to 
170.12  the arbitration proceeding.  Residence within the jurisdiction 
170.13  of a party to the arbitration proceeding shall not constitute 
170.14  affiliation within the meaning of this paragraph.  
170.15     5.  The board may sit in any state or subdivision party to 
170.16  the proceeding, in the state of the taxpayer's incorporation, 
170.17  residence or domicile, in any state where the taxpayer does 
170.18  business, or in any place that it finds most appropriate for 
170.19  gaining access to evidence relevant to the matter before it.  
170.20     6.  The board shall give due notice of the times and places 
170.21  of its hearings.  The parties shall be entitled to be heard, to 
170.22  present evidence, and to examine and cross-examine witnesses. 
170.23  The board shall act by majority vote.  
170.24     7.  The board shall have power to administer oaths, take 
170.25  testimony, subpoena and require the attendance of witnesses and 
170.26  the production of accounts, books, papers, records, and other 
170.27  documents, and issue commissions to take testimony.  Subpoenas 
170.28  may be signed by any member of the board.  In case of failure to 
170.29  obey a subpoena, and upon application by the board, any judge of 
170.30  a court of competent jurisdiction of the state in which the 
170.31  board is sitting or in which the person to whom the subpoena is 
170.32  directed may be found may make an order requiring compliance 
170.33  with the subpoena, and the court may punish failure to obey the 
170.34  order as a contempt.  The provisions of this paragraph apply 
170.35  only in states that have adopted this article.  
170.36     8.  Unless the parties otherwise agree the expenses and 
171.1   other costs of the arbitration shall be assessed and allocated 
171.2   among the parties by the board in such manner as it may 
171.3   determine.  The commission shall fix a schedule of compensation 
171.4   for members of arbitration boards and of other allowable 
171.5   expenses and costs.  No officer or employee of a state or local 
171.6   government who serves as a member of a board shall be entitled 
171.7   to compensation therefor unless he is required on account of his 
171.8   service to forego the regular compensation attaching to his 
171.9   public employment, but any such board member shall be entitled 
171.10  to expenses.  
171.11     9.  The board shall determine the disputed apportionment or 
171.12  allocation and any matters necessary thereto.  The 
171.13  determinations of the board shall be final for purposes of 
171.14  making the apportionment or allocation, but for no other purpose.
171.15     10.  The board shall file with the commission and with each 
171.16  tax agency represented in the proceeding:  the determination of 
171.17  the board; the board's written statement of its reasons 
171.18  therefor; the record of the board's proceedings; and any other 
171.19  documents required by the arbitration rules of the commission to 
171.20  be filed.  
171.21     11.  The commission shall publish the determinations of 
171.22  boards together with the statements of the reasons therefor.  
171.23     12.  The commission shall adopt and publish rules of 
171.24  procedure and practice and shall file a copy of such rules and 
171.25  of any amendment thereto with the appropriate agency or officer 
171.26  in each of the party states.  
171.27     13.  Nothing contained herein shall prevent at any time a 
171.28  written compromise of any matter or matters in dispute, if 
171.29  otherwise lawful, by the parties to the arbitration proceedings. 
171.30            Article X.  Entry Into Force and Withdrawal. 
171.31     1.  This compact shall become effective as to any other 
171.32  state upon its enactment.  The commission shall arrange for 
171.33  notification of all party states whenever there is a new 
171.34  enactment of the compact.  
171.35     2.  Any party state may withdraw from this compact by 
171.36  enacting a statute repealing the same.  No withdrawal shall 
172.1   affect any liability already incurred by or chargeable to a 
172.2   party state prior to the time of such withdrawal.  
172.3      3.  No proceeding commenced before an arbitration board 
172.4   prior to the withdrawal of a state and to which the withdrawing 
172.5   state or any subdivision thereof is a party shall be 
172.6   discontinued or terminated by the withdrawal, nor shall the 
172.7   board thereby lose jurisdiction over any of the parties to the 
172.8   proceeding necessary to make a binding determination therein.  
172.9         Article XI.  Effect on Other Laws and Jurisdictions. 
172.10     Nothing in this compact shall be construed to:  
172.11     (a) Affect the power of any state or subdivision thereof to 
172.12  fix rates of taxation.  
172.13     (b) Apply to any tax or fixed fee imposed for the 
172.14  registration of a motor vehicle or any tax on motor fuel, other 
172.15  than a sales tax, provided that the definition of "tax" in 
172.16  article VIII 9 may apply for the purposes of that article and 
172.17  the commission's powers of study and recommendation pursuant to 
172.18  article VI 3 may apply.  
172.19     (c) Withdraw or limit the jurisdiction of any state or 
172.20  local court or administrative officer or body with respect to 
172.21  any person, corporation or other entity or subject matter, 
172.22  except to the extent that such jurisdiction is expressly 
172.23  conferred by or pursuant to this compact upon another agency or 
172.24  body.  
172.25     (d) Supersede or limit the jurisdiction of any court of the 
172.26  United States.  
172.27            Article XII.  Construction and Severability. 
172.28     This compact shall be liberally construed so as to 
172.29  effectuate the purposes thereof.  The provisions of this compact 
172.30  shall be severable and if any phrase, clause, sentence, or 
172.31  provision of this compact is declared to be contrary to the 
172.32  constitution of any state or of the United States or the 
172.33  applicability thereof to any government, agency, person or 
172.34  circumstance is held invalid, the validity of the remainder of 
172.35  this compact and the applicability thereof to any government, 
172.36  agency, person or circumstance shall not be affected thereby.  
173.1   If this compact shall be held contrary to the constitution of 
173.2   any state participating therein, the compact shall remain in 
173.3   full force and effect as to the remaining party states and in 
173.4   full force and effect as to the state affected as to all 
173.5   severable matters.  
173.6      Sec. 50.  Minnesota Statutes 1996, section 299F.051, 
173.7   subdivision 3, is amended to read: 
173.8      Subd. 3.  [IN-SERVICE TRAINING.] The state fire marshal and 
173.9   the superintendent of the bureau of criminal apprehension, in 
173.10  cooperation with the Minnesota board of peace officer standards 
173.11  and training, shall encourage the establishment of in-service 
173.12  and refresher training for firefighters and peace officers 
173.13  through schools administered by the state, county, school 
173.14  district, municipality, or joint or contractual combinations 
173.15  thereof.  The Minnesota board of peace officers standards and 
173.16  training shall report to the governor and legislature on the 
173.17  progress made in this effort as provided in section 626.843. 
173.18     Sec. 51.  Minnesota Statutes 1996, section 360.015, 
173.19  subdivision 17, is amended to read: 
173.20     Subd. 17.  [REPORT TO GOVERNOR.] On or before October 1 in 
173.21  every even-numbered year the commissioner shall make to the 
173.22  governor a full report of the proceedings of the department for 
173.23  the preceding two fiscal years, together with the commissioner's 
173.24  recommendations pertaining to the affairs of the department.  
173.25  The governor shall transmit this report to the legislature by 
173.26  November 15 of each even-numbered year. 
173.27     Sec. 52.  Minnesota Statutes 1996, section 363.05, 
173.28  subdivision 1, is amended to read: 
173.29     Subdivision 1.  [FORMULATION OF POLICIES.] The commissioner 
173.30  shall formulate policies to effectuate the purposes of this 
173.31  chapter and shall: 
173.32     (1) exercise leadership under the direction of the governor 
173.33  in the development of human rights policies and programs, and 
173.34  make recommendations to the governor and the legislature for 
173.35  their consideration and implementation; 
173.36     (2) establish and maintain a principal office in St. Paul, 
174.1   and any other necessary branch offices at any location within 
174.2   the state; 
174.3      (3) meet and function at any place within the state; 
174.4      (4) employ attorneys, clerks, and other employees and 
174.5   agents as the commissioner may deem necessary and prescribe 
174.6   their duties; 
174.7      (5) to the extent permitted by federal law and regulation, 
174.8   utilize the records of the department of economic security of 
174.9   the state when necessary to effectuate the purposes of this 
174.10  chapter; 
174.11     (6) obtain upon request and utilize the services of all 
174.12  state governmental departments and agencies; 
174.13     (7) adopt suitable rules for effectuating the purposes of 
174.14  this chapter; 
174.15     (8) issue complaints, receive and investigate charges 
174.16  alleging unfair discriminatory practices, and determine whether 
174.17  or not probable cause exists for hearing; 
174.18     (9) subpoena witnesses, administer oaths, take testimony, 
174.19  and require the production for examination of any books or 
174.20  papers relative to any matter under investigation or in 
174.21  question; 
174.22     (10) attempt, by means of education, conference, 
174.23  conciliation, and persuasion to eliminate unfair discriminatory 
174.24  practices as being contrary to the public policy of the state; 
174.25     (11) develop and conduct programs of formal and informal 
174.26  education designed to eliminate discrimination and intergroup 
174.27  conflict by use of educational techniques and programs the 
174.28  commissioner deems necessary; 
174.29     (12) make a written report of the activities of the 
174.30  commissioner to the governor each year and to the legislature by 
174.31  November 15 of each even-numbered year; 
174.32     (13) accept gifts, bequests, grants or other payments 
174.33  public and private to help finance the activities of the 
174.34  department; 
174.35     (14) create such local and statewide advisory committees as 
174.36  will in the commissioner's judgment aid in effectuating the 
175.1   purposes of the department of human rights; 
175.2      (15) develop such programs as will aid in determining the 
175.3   compliance throughout the state with the provisions of this 
175.4   chapter, and in the furtherance of such duties, conduct research 
175.5   and study discriminatory practices based upon race, color, 
175.6   creed, religion, national origin, sex, age, disability, marital 
175.7   status, status with regard to public assistance, familial 
175.8   status, sexual orientation, or other factors and develop 
175.9   accurate data on the nature and extent of discrimination and 
175.10  other matters as they may affect housing, employment, public 
175.11  accommodations, schools, and other areas of public life; 
175.12     (16) develop and disseminate technical assistance to 
175.13  persons subject to the provisions of this chapter, and to 
175.14  agencies and officers of governmental and private agencies; 
175.15     (17) provide staff services to such advisory committees as 
175.16  may be created in aid of the functions of the department of 
175.17  human rights; 
175.18     (18) make grants in aid to the extent that appropriations 
175.19  are made available for that purpose in aid of carrying out 
175.20  duties and responsibilities; and 
175.21     (19) cooperate and consult with the commissioner of labor 
175.22  and industry regarding the investigation of violations of, and 
175.23  resolution of complaints regarding section 363.03, subdivision 9.
175.24     In performing these duties, the commissioner shall give 
175.25  priority to those duties in clauses (8), (9), and (10) and to 
175.26  the duties in section 363.073.  
175.27     Sec. 53.  Minnesota Statutes 1996, section 383A.43, 
175.28  subdivision 6, is amended to read: 
175.29     Subd. 6.  [MINUTES; REPORTS TO LEGISLATURE.] The committee 
175.30  shall keep minutes of its meetings which are open to the 
175.31  public.  It shall make a periodic report to members of the 
175.32  delegation from the county in the legislature and shall keep 
175.33  them fully informed on each matter that comes before the 
175.34  committee, the action taken thereon, and the progress made in 
175.35  relation thereto.  At least 30 days before each biennial 
175.36  legislative session, the committee shall make a written report 
176.1   summarizing its activities, investigations, surveys and findings 
176.2   of facts to the members of the legislature from the county and 
176.3   to the public.  
176.4      Sec. 54.  Minnesota Statutes 1996, section 458A.08, is 
176.5   amended to read: 
176.6      458A.08 [COMMISSION; ANNUAL REPORTS.] 
176.7      The commission on or before November 30, 1969, and annually 
176.8   thereafter, shall prepare a report for the preceding fiscal 
176.9   year, also, so far as practicable, for the further time up to 
176.10  the preparation of the report, containing, in addition to such 
176.11  other matters as the commission may deem proper, the following: 
176.12     (a) the activities of the commission during the period 
176.13  covered by the report; 
176.14     (b) the financial condition of public transit systems under 
176.15  the control of the commission; 
176.16     (c) a complete financial accounting of moneys received and 
176.17  spent by the commission during the fiscal year; 
176.18     (d) recommendations for improvements of or additions to the 
176.19  mass transit facilities of the area to provide adequate, speedy, 
176.20  and efficient means of transporting people therein; 
176.21     (e) recommendations for any needed legislation in 
176.22  furtherance of the aforesaid purposes. 
176.23     Each report shall be filed with the secretary of the 
176.24  commission and a copy shall be filed with the secretary of 
176.25  state.  Copies shall also be submitted to the legislature at the 
176.26  opening of each regular session after July 1, 1969, and shall be 
176.27  distributed annually to the governor and to each member of the 
176.28  legislature under section 3.195, each county commission, and 
176.29  each elected chief executive of each municipality in the transit 
176.30  area. 
176.31     Sec. 55.  Minnesota Statutes 1996, section 462A.07, 
176.32  subdivision 7, is amended to read: 
176.33     Subd. 7.  [RECOMMENDATIONS TO GOVERNOR AND LEGISLATURE.] It 
176.34  may survey and investigate the housing conditions and needs, 
176.35  both urban and rural, throughout the state and make 
176.36  recommendations to the governor and the legislature as to 
177.1   legislation and other measures necessary or advisable to 
177.2   alleviate any existing housing shortage in the state. 
177.3      Sec. 56.  Minnesota Statutes 1996, section 473.1623, 
177.4   subdivision 3, is amended to read: 
177.5      Subd. 3.  [FINANCIAL REPORT.] By December 15 of 
177.6   even-numbered years, the council, in consultation with the 
177.7   advisory committee, shall publish a consolidated financial 
177.8   report for the council and all metropolitan agencies and their 
177.9   functions, services, and systems.  The financial report must 
177.10  cover the calendar year in which the report is published and the 
177.11  two years preceding and three years succeeding that year.  The 
177.12  financial report must contain the following information, for 
177.13  each agency, function, or system, respectively, and in the 
177.14  aggregate, in a consistent format that allows comparison over 
177.15  time and among agencies in expenditure and revenue categories: 
177.16     (1) financial policies, goals, and priorities; 
177.17     (2) levels and allocation of public expenditure, including 
177.18  capital, debt, operating, and pass-through funds, stated in the 
177.19  aggregate and by appropriate functional, programmatic, 
177.20  administrative, and geographic categories, and the changes in 
177.21  expenditure levels and allocations that the report represents; 
177.22     (3) the resources available under existing fiscal policy; 
177.23     (4) additional resources, if any, that are or may be 
177.24  required; 
177.25     (5) changes in council or agency policies on regional 
177.26  sources of revenue and in levels of debt, user charges, and 
177.27  taxes; 
177.28     (6) other changes in existing fiscal policy, on regional 
177.29  revenues and intergovernmental aids respectively, that are 
177.30  expected or that have been or may be recommended by the council 
177.31  or the respective agencies; 
177.32     (7) an analysis that links, as far as practicable, the uses 
177.33  of funds and the sources of funds, by appropriate categories and 
177.34  in the aggregate; 
177.35     (8) a description of how the fiscal policies effectuate 
177.36  current policy and implementation plans of the council and 
178.1   agencies concerned; and 
178.2      (9) a summary of significant changes in council and agency 
178.3   finance and an analysis of fiscal trends. 
178.4      The council shall present the report for discussion and 
178.5   comment at a public meeting in the metropolitan area and 
178.6   request, in writing, an opportunity to make presentations on the 
178.7   report before appropriate committees of the legislature. 
178.8      Sec. 57.  Minnesota Statutes 1996, section 473.1623, 
178.9   subdivision 4, is amended to read: 
178.10     Subd. 4.  [FINANCIAL REPORTING; BUDGETING.] The advisory 
178.11  committee, with the assistance of the state auditor and the 
178.12  legislative auditor, shall develop uniform or consistent 
178.13  standards, formats, and procedures for the budgets and financial 
178.14  reports of the council and all metropolitan agencies.  The 
178.15  council shall report to the legislature from time to time on 
178.16  progress made by the committee in improving the uniformity and 
178.17  quality of budgets and financial reports and on legislation that 
178.18  may be needed for this purpose.  
178.19     Sec. 58.  Minnesota Statutes 1996, section 473.1623, 
178.20  subdivision 5, is amended to read: 
178.21     Subd. 5.  [ADMINISTRATIVE COORDINATION.] The advisory 
178.22  committee shall evaluate the benefits, costs, methods, and 
178.23  effects, including operational effects, of joint or uniform and 
178.24  coordinated exercise of powers by the council and metropolitan 
178.25  agencies for appropriate administrative functions.  The study 
178.26  must include at least ongoing managerial reporting, contracts, 
178.27  purchasing, data processing, and personnel.  The council shall 
178.28  report to the legislature from time to time on the findings and 
178.29  recommendations of the advisory committee to date and on legal 
178.30  and other impediments to increased coordination of 
178.31  administrative functions.  Before submitting the report, the 
178.32  council shall request comments on the report from the affected 
178.33  metropolitan agencies, and the comments must be submitted along 
178.34  with the report. 
178.35     Sec. 59.  Minnesota Statutes 1996, section 473.3994, 
178.36  subdivision 9, is amended to read: 
179.1      Subd. 9.  [LIGHT RAIL TRANSIT OPERATING COSTS.] (a) Before 
179.2   submitting an application for federal assistance for light rail 
179.3   transit facilities in the metropolitan area, the applicant must 
179.4   provide to the metropolitan council estimates of the amount of 
179.5   operating subsidy which will be required to operate light rail 
179.6   transit in the corridor to which the federal assistance would be 
179.7   applied.  The information provided to the council must indicate 
179.8   the amount of operating subsidy estimated to be required in each 
179.9   of the first ten years of operation of the light rail transit 
179.10  facility. 
179.11     (b) The council must review and evaluate the information 
179.12  provided under paragraph (a) with regard to the effect of 
179.13  operating the light rail transit facility on the currently 
179.14  available mechanisms for financing transit in the metropolitan 
179.15  area. 
179.16     (c) The council must present its evaluation to the 
179.17  transportation and taxes committees of the house and senate, to 
179.18  the appropriations committee of the house and the finance 
179.19  committee of the senate, to the local government and 
179.20  metropolitan affairs committee of the house, and to the 
179.21  metropolitan affairs committee of the senate. 
179.22     Sec. 60.  Minnesota Statutes 1996, section 473.598, 
179.23  subdivision 3, is amended to read: 
179.24     Subd. 3.  [COMMISSION PROPOSAL.] (a) If the commission 
179.25  makes a final determination to acquire the basketball and hockey 
179.26  arena, the commission may then submit to the metropolitan 
179.27  council a proposal to bond for and acquire the basketball and 
179.28  hockey arena.  The commission's proposal shall contain all 
179.29  information deemed appropriate or necessary by the council to 
179.30  its determinations pursuant to section 473.599, subdivision 4.  
179.31  The commission, in preparing the proposal for the council, shall 
179.32  require of the sellers and of the professional teams that are 
179.33  potential lessees or other potential lessees and all of their 
179.34  affiliated entities any and all data relevant to the 
179.35  acquisition, financing, ownership, and operation of the 
179.36  basketball and hockey arena, including, but not limited to, 
180.1   contracts, agreements, profit and loss statements, annual audit 
180.2   statements and balance sheets.  The commission shall contract 
180.3   with an independent, nationally recognized firm of certified 
180.4   public accountants to perform due diligence and provide an 
180.5   economic feasibility study or report with regard to the data 
180.6   received by the commission from the sellers, the potential 
180.7   lessees, and affiliated entities.  In evaluating whether to 
180.8   acquire the basketball and hockey arena, the commission shall 
180.9   consider among other factors, (a) total capital and operating 
180.10  costs of the basketball and hockey arena to the commission and 
180.11  total commission revenues from the basketball and hockey arena 
180.12  over the expected life of the facility, including any 
180.13  contributions by the state, local units of government or other 
180.14  organizations, (b) the total governmental costs associated with 
180.15  the acquisition and operation of the basketball and hockey 
180.16  arena, including the cost to all units and agencies of 
180.17  government as well as the costs to the commission, (c) the net 
180.18  gain or loss of taxes to the state and all local government 
180.19  units, and (d) economic and other benefits accruing to the 
180.20  public.  
180.21     (b) Before submitting its proposal to the metropolitan 
180.22  council under paragraph (a), the commission shall submit the 
180.23  proposal to the legislative auditor and the department of 
180.24  finance for review, evaluation, and comment.  The legislative 
180.25  auditor shall present the evaluation and comments to the 
180.26  legislative audit commission.  Both the legislative auditor and 
180.27  the commissioner of finance shall present their evaluation and 
180.28  comments to the chairs of the house taxes, and ways and means 
180.29  committees, to the chair of the state government finance 
180.30  division of the house governmental operations committee, and to 
180.31  the chairs of the senate taxes and finance committees.  Any data 
180.32  which is not public data under subdivision 4 shall remain not 
180.33  public data when given to the legislative auditor or the 
180.34  department of finance. 
180.35     Sec. 61.  Minnesota Statutes 1996, section 609.101, 
180.36  subdivision 4, is amended to read: 
181.1      Subd. 4.  [MINIMUM FINES; OTHER CRIMES.] Notwithstanding 
181.2   any other law: 
181.3      (1) when a court sentences a person convicted of a felony 
181.4   that is not listed in subdivision 2 or 3, it must impose a fine 
181.5   of not less than 30 percent of the maximum fine authorized by 
181.6   law nor more than the maximum fine authorized by law; and 
181.7      (2) when a court sentences a person convicted of a gross 
181.8   misdemeanor or misdemeanor that is not listed in subdivision 2, 
181.9   it must impose a fine of not less than 30 percent of the maximum 
181.10  fine authorized by law nor more than the maximum fine authorized 
181.11  by law, unless the fine is set at a lower amount on a uniform 
181.12  fine schedule established by the conference of chief judges in 
181.13  consultation with affected state and local agencies.  This 
181.14  schedule shall be promulgated and reported to the legislature 
181.15  not later than January 1 of each year and shall become effective 
181.16  on August 1 of that year unless the legislature, by law, 
181.17  provides otherwise. 
181.18     The minimum fine required by this subdivision is in 
181.19  addition to the surcharge or assessment required by subdivision 
181.20  1 and is in addition to any sentence of imprisonment or 
181.21  restitution imposed or ordered by the court. 
181.22     The court shall collect the fines mandated in this 
181.23  subdivision and, except for fines for traffic and motor vehicle 
181.24  violations governed by section 169.871 and section 299D.03 and 
181.25  fish and game violations governed by section 97A.065, forward 20 
181.26  percent of the revenues to the state treasurer for deposit in 
181.27  the general fund. 
181.28     Sec. 62.  Minnesota Statutes 1996, section 611.216, 
181.29  subdivision 3, is amended to read: 
181.30     Subd. 3.  [REPORT.] Each corporation shall submit reports 
181.31  showing, at a minimum, the number of clients served, the number 
181.32  of charges brought, the number of cases of each kind, such as 
181.33  felonies, gross misdemeanors, misdemeanors, and juvenile 
181.34  delinquencies, the number of dispositions of each kind, such as 
181.35  jury trials, court trials, guilty pleas, and dismissals, the 
181.36  number of court appearances, and financial data.  This 
182.1   information must be summarized for each corporation in the 
182.2   budget documents submitted to the legislature.  
182.3      Sec. 63.  Minnesota Statutes 1996, section 611.25, 
182.4   subdivision 3, is amended to read: 
182.5      Subd. 3.  [DUTIES.] The state public defender shall prepare 
182.6   a biennial report to the board and a report to the governor, the 
182.7   legislature, and the supreme court on the operation of the state 
182.8   public defender's office, district defender systems, and public 
182.9   defense corporations.  The biennial report is due on or before 
182.10  the beginning of the legislative session following the end of 
182.11  the biennium.  The state public defender may require the 
182.12  reporting of statistical data, budget information, and other 
182.13  cost factors by the chief district public defenders and 
182.14  appointed counsel systems.  The state public defender shall 
182.15  design and conduct programs for the training of all state and 
182.16  district public defenders, appointed counsel, and attorneys for 
182.17  public defense corporations funded under section 611.26.  The 
182.18  state public defender shall establish policies and procedures to 
182.19  administer the district public defender system, consistent with 
182.20  standards adopted by the state board of public defense. 
182.21     Sec. 64.  Minnesota Statutes 1996, section 611A.56, 
182.22  subdivision 1, is amended to read: 
182.23     Subdivision 1.  [DUTIES.] In addition to carrying out any 
182.24  duties specified elsewhere in sections 611A.51 to 611A.68 or in 
182.25  other law, the board shall: 
182.26     (a) provide all claimants with an opportunity for hearing 
182.27  pursuant to chapter 14; 
182.28     (b) adopt rules to implement and administer sections 
182.29  611A.51 to 611A.68, including rules governing the method of 
182.30  practice and procedure before the board, prescribing the manner 
182.31  in which applications for reparations shall be made, and 
182.32  providing for discovery proceedings; 
182.33     (c) publicize widely the availability of reparations and 
182.34  the method of making claims; and 
182.35     (d) prepare and transmit annually to the governor, and the 
182.36  commissioner of public safety, and the legislature a report of 
183.1   its activities including the number of claims awarded, a brief 
183.2   description of the facts in each case, the amount of reparation 
183.3   awarded, and a statistical summary of claims and awards made and 
183.4   denied.  
183.5      Sec. 65.  Minnesota Statutes 1996, section 626.843, 
183.6   subdivision 3, is amended to read: 
183.7      Subd. 3.  [BOARD AUTHORITY.] The board may, in addition: 
183.8      (a) Recommend studies, surveys, and reports to be made by 
183.9   the executive director regarding the carrying out of the 
183.10  objectives and purposes of sections 626.841 to 626.855; 
183.11     (b) Visit and inspect any peace officer training school 
183.12  approved by the executive director or for which application for 
183.13  such approval has been made; 
183.14     (c) Make recommendations, from time to time, to the 
183.15  executive director, attorney general, and the governor, and the 
183.16  legislature regarding the carrying out of the objectives and 
183.17  purposes of sections 626.841 to 626.855; 
183.18     (d) Perform such other acts as may be necessary or 
183.19  appropriate to carry out the powers and duties of the board as 
183.20  set forth in sections 626.841 to 626.855; 
183.21     (e) Cooperate with and receive financial assistance from 
183.22  and join in projects or enter into contracts with the federal 
183.23  government or its agencies for the furtherance of the purposes 
183.24  of Laws 1977, chapter 433. 
183.25     Sec. 66.  Minnesota Statutes 1996, section 626.845, 
183.26  subdivision 1, is amended to read: 
183.27     Subdivision 1.  [POWERS AND DUTIES.] The board shall have 
183.28  the following powers and duties: 
183.29     (a) To certify peace officers' training schools or programs 
183.30  administered by state, county and municipalities located within 
183.31  this state in whole or in part no later than 90 days after 
183.32  receipt of an application for certification.  The reasons for 
183.33  noncertification of any school or program or part thereof shall 
183.34  be transmitted to the school within 90 days and shall contain a 
183.35  detailed explanation of the reasons for which the school or 
183.36  program was disapproved and an explanation of what supporting 
184.1   material or other requirements are necessary for the board to 
184.2   reconsider.  Disapproval of a school or program shall not 
184.3   preclude the reapplication for certification of the school or 
184.4   program; 
184.5      (b) To issue certificates to schools, and to revoke such 
184.6   certification when necessary to maintain the objectives and 
184.7   purposes of sections 626.841 to 626.855; 
184.8      (c) To certify, as qualified, instructors at peace officer 
184.9   training schools, and to issue appropriate certificates to such 
184.10  instructors; 
184.11     (d) To license peace officers who have satisfactorily 
184.12  completed certified basic training programs, and passed 
184.13  examinations as required by the board; 
184.14     (e) To cause studies and surveys to be made relating to the 
184.15  establishment, operation, and approval of state, county, and 
184.16  municipal peace officer training schools; 
184.17     (f) To consult and cooperate with state, county, and 
184.18  municipal peace officer training schools for the development of 
184.19  in-service training programs for peace officers; 
184.20     (g) To consult and cooperate with universities, colleges, 
184.21  and technical colleges for the development of specialized 
184.22  courses of instruction and study in the state for peace officers 
184.23  and part-time peace officers in police science and police 
184.24  administration; 
184.25     (h) To consult and cooperate with other departments and 
184.26  agencies of the state and federal government concerned with 
184.27  peace officer standards and training; 
184.28     (i) To perform such other acts as may be necessary and 
184.29  appropriate to carry out the powers and duties as set forth in 
184.30  the provisions of sections 626.841 to 626.855; 
184.31     (j) To coordinate the provision, on a regional basis, of 
184.32  skills oriented basic training courses to graduates of certified 
184.33  law enforcement training schools or programs; 
184.34     (k) To obtain criminal conviction data for persons seeking 
184.35  a license to be issued or possessing a license issued by the 
184.36  board.  The board shall have authority to obtain criminal 
185.1   conviction data to the full extent that any other law 
185.2   enforcement agency, as that term is defined by state or federal 
185.3   law, has to obtain the data; 
185.4      (l) To prepare and transmit annually to the governor and 
185.5   the legislature a report of its activities with respect to 
185.6   allocation of moneys appropriated to it for peace officers 
185.7   training, including the name and address of each recipient of 
185.8   money for that purpose, the amount awarded, and the purpose of 
185.9   the award; 
185.10     (m) To assist and cooperate with any political subdivision 
185.11  or state law enforcement agency which employs persons licensed 
185.12  by the board to establish written procedures for the 
185.13  investigation and resolution of allegations of misconduct of 
185.14  persons licensed by the board, and to enforce licensing 
185.15  sanctions for failure to implement such procedures; and 
185.16     (n) To assist and cooperate with political subdivisions and 
185.17  state law enforcement agencies that employ persons licensed by 
185.18  the board in establishing written procedures to govern the 
185.19  conduct of peace officers who are in pursuit of a vehicle in 
185.20  violation of section 609.487, and requirements for the training 
185.21  of peace officers in conducting pursuits.  The board may impose 
185.22  licensing sanctions for failure to establish pursuit procedures 
185.23  and training requirements by October 1, 1989. 
185.24     Sec. 67.  [REPEALER.] 
185.25     Minnesota Statutes 1996, sections 3.922, subdivision 9; 
185.26  15.475; 16B.87, subdivision 4; 17.452, subdivision 3; 116D.11, 
185.27  subdivision 4; 126.78, subdivision 5; 144.95, subdivision 9; 
185.28  145A.12, subdivision 6; 148.578; 174.23, subdivision 5; 196.22, 
185.29  subdivision 4; 246.57, subdivision 2; 254B.03, subdivision 8; 
185.30  256B.04, subdivision 11; 256B.0629, subdivision 3; 256F.11, 
185.31  subdivision 3; 256F.12, subdivision 5; 260.152, subdivision 7; 
185.32  325F.98; 388.24, subdivision 5; 494.05, subdivision 3; 611.27, 
185.33  subdivision 14; and 611A.75, are repealed. 
185.34                               PART B 
185.35     Sec. 68.  Minnesota Statutes 1996, section 14.62, 
185.36  subdivision 3, is amended to read: 
186.1      Subd. 3.  [AWARD OF FEES AND OTHER EXPENSES.] Fees and 
186.2   expenses must be awarded as provided in sections 15.471 to 
186.3   15.475 15.474. 
186.4      Sec. 69.  Minnesota Statutes 1996, section 15.471, 
186.5   subdivision 1, is amended to read: 
186.6      Subdivision 1.  [TERMS DEFINED.] For purposes of this 
186.7   section and sections 15.471 to 15.475 15.474, the terms defined 
186.8   in this section have the meanings given them.  
186.9      Sec. 70.  Minnesota Statutes 1996, section 17.451, 
186.10  subdivision 1, is amended to read: 
186.11     Subdivision 1.  [APPLICABILITY.] The definitions in this 
186.12  section apply to this section and section 17.452. 
186.13     Sec. 71.  Minnesota Statutes 1996, section 270A.09, 
186.14  subdivision 3, is amended to read: 
186.15     Subd. 3.  [CONTESTED CASE; FINAL DECISION.] The report of 
186.16  the administrative law judge shall contain a decision and order, 
186.17  which constitute the final decision in the contested case.  A 
186.18  copy of the decision and order shall be served by first class 
186.19  mail upon each party, the commissioner of revenue, and the 
186.20  attorney general.  Fees and expenses may be awarded as provided 
186.21  in sections 15.471 to 15.475 15.474.  The provisions for 
186.22  judicial review under sections 14.63 to 14.68 apply to decisions 
186.23  of the administrative law judge under this subdivision. 
186.24     Sec. 72.  Minnesota Statutes 1996, section 325F.84, 
186.25  subdivision 1, is amended to read: 
186.26     Subdivision 1.  [APPLICABILITY.] As used in sections 
186.27  325F.84 to 325F.98 325F.97, the following terms have the 
186.28  meanings given them. 
186.29                               PART C 
186.30     Sec. 73.  [RETROACTIVE EFFECTIVE DATE.] 
186.31     Sections 2 to 72 are effective retroactive to October 15, 
186.32  1995. 
186.33                             ARTICLE 3
186.34                   CHICANO/LATINO AFFAIRS COUNCIL 
186.35     Section 1.  Minnesota Statutes 1996, section 15.0591, 
186.36  subdivision 2, is amended to read: 
187.1      Subd. 2.  [BODIES AFFECTED.] A member meeting the 
187.2   qualifications in subdivision 1 must be appointed to the 
187.3   following boards, commissions, advisory councils, task forces, 
187.4   or committees:  
187.5      (1) advisory council on battered women; 
187.6      (2) advisory task force on the use of state facilities; 
187.7      (3) alcohol and other drug abuse advisory council; 
187.8      (4) board of examiners for nursing home administrators; 
187.9      (5) board on aging; 
187.10     (6) chiropractic examiners board; 
187.11     (7) consumer advisory council on vocational rehabilitation; 
187.12     (8) council on disability; 
187.13     (9) council on affairs of Spanish-speaking Chicano/Latino 
187.14  people; 
187.15     (10) council on Black Minnesotans; 
187.16     (11) dentistry board; 
187.17     (12) department of economic security advisory council; 
187.18     (13) higher education services office; 
187.19     (14) housing finance agency; 
187.20     (15) Indian advisory council on chemical dependency; 
187.21     (16) medical practice board; 
187.22     (17) medical policy directional task force on mental 
187.23  health; 
187.24     (18) Minnesota employment and economic development task 
187.25  force; 
187.26     (19) Minnesota office of citizenship and volunteer services 
187.27  advisory committee; 
187.28     (20) Minnesota state arts board; 
187.29     (21) mortuary sciences advisory council; 
187.30     (22) nursing board; 
187.31     (23) optometry board; 
187.32     (24) pharmacy board; 
187.33     (25) physical therapists council; 
187.34     (26) podiatry board; 
187.35     (27) psychology board; 
187.36     (28) veterans advisory committee. 
188.1      Sec. 2.  Minnesota Statutes 1996, section 15.441, 
188.2   subdivision 1, is amended to read: 
188.3      Subdivision 1.  [STATE AGENCIES; BILINGUAL EMPLOYEES.] 
188.4   Every state agency that is directly involved in furnishing 
188.5   information or rendering services to the public and that serves 
188.6   a substantial number of non-English-speaking people shall employ 
188.7   enough qualified bilingual persons in public contact positions, 
188.8   or enough interpreters to assist those in these positions, to 
188.9   ensure provision of information and services in the language 
188.10  spoken by a substantial number of non-English-speaking people. 
188.11     The commissioner of administration shall determine the 
188.12  application of this section to each state agency, in 
188.13  consultation with the council on affairs of Spanish-speaking 
188.14  Chicano/Latino people, groups representing other 
188.15  non-English-speaking people, and the head of the agency.  In 
188.16  determining what constitutes a substantial number of 
188.17  non-English-speaking people, the commissioner shall consider: 
188.18     (1) the number of people served by the agency; 
188.19     (2) the number of non-English-speaking people served by the 
188.20  agency; 
188.21     (3) the frequency with which non-English-speaking people 
188.22  are served by the agency; and 
188.23     (4) the extent to which information or services rendered by 
188.24  the agency affect legal rights, privileges, or duties. 
188.25     Sec. 3.  Minnesota Statutes 1996, section 121.1601, 
188.26  subdivision 3, is amended to read: 
188.27     Subd. 3.  [ADVISORY BOARD.] The commissioner shall 
188.28  establish an advisory board composed of: 
188.29     (1) eight superintendents, each of whom shall be selected 
188.30  by the superintendents of the school districts located in whole 
188.31  or in part within each of the eight metropolitan districts 
188.32  established under section 473.123, subdivision 3c; and 
188.33     (2) one person each selected by the Indian affairs council, 
188.34  the council on Asian-Pacific Minnesotans, the council on Black 
188.35  Minnesotans, and the Spanish Speaking Affairs council on affairs 
188.36  of Chicano/Latino people. 
189.1      The advisory board shall advise the office on complying 
189.2   with the requirements under subdivision 1.  The advisory board 
189.3   may solicit comments from teachers, parents, students, and 
189.4   interested community organizations and others. 
189.5      Sec. 4.  Minnesota Statutes 1996, section 148C.11, 
189.6   subdivision 3, is amended to read: 
189.7      Subd. 3.  [FEDERALLY RECOGNIZED TRIBES; ETHNIC MINORITIES.] 
189.8   (a) Alcohol and drug counselors licensed to practice alcohol and 
189.9   drug counseling according to standards established by federally 
189.10  recognized tribes, while practicing under tribal jurisdiction, 
189.11  are exempt from the requirements of this chapter.  In practicing 
189.12  alcohol and drug counseling under tribal jurisdiction, 
189.13  individuals licensed under that authority shall be afforded the 
189.14  same rights, responsibilities, and recognition as persons 
189.15  licensed pursuant to this chapter. 
189.16     (b) The commissioner shall develop special licensing 
189.17  criteria for issuance of a license to alcohol and drug 
189.18  counselors who:  (1) are members of ethnic minority groups; or 
189.19  (2) are employed by private, nonprofit agencies, including 
189.20  agencies operated by private, nonprofit hospitals, whose primary 
189.21  agency service focus addresses ethnic minority populations.  
189.22  These licensing criteria may differ from the licensing criteria 
189.23  specified in section 148C.04.  To develop these criteria, the 
189.24  commissioner shall establish a committee comprised of but not 
189.25  limited to representatives from the council on hearing impaired, 
189.26  the council on affairs of Spanish-speaking Chicano/Latino 
189.27  people, the council on Asian-Pacific Minnesotans, the council on 
189.28  Black Minnesotans, and the Indian affairs council. 
189.29     Sec. 5.  Minnesota Statutes 1996, section 242.56, 
189.30  subdivision 3, is amended to read: 
189.31     Subd. 3.  [ADVISORY GROUP.] The commissioner shall appoint 
189.32  an advisory group to assist in selecting sites under this 
189.33  section.  The commissioner shall include among the members of 
189.34  the group representatives of the following:  the council on 
189.35  Black Minnesotans, the council on the affairs of 
189.36  Spanish-speaking Chicano/Latino people, the council on 
190.1   Asian-Pacific Minnesotans, the Indian affairs council, the 
190.2   commissioner of children, families, and learning, community 
190.3   corrections officials, county corrections officials, the 
190.4   association of counties, and the association of county probation 
190.5   officers. 
190.6      Sec. 6.  Minnesota Statutes 1996, section 257.072, 
190.7   subdivision 5, is amended to read: 
190.8      Subd. 5.  [MINORITY PLACEMENTS.] Beginning December 1, 
190.9   1996, the commissioner shall provide to the Indian affairs 
190.10  council, the council on affairs of Spanish-speaking 
190.11  Chicano/Latino people, the council on Black Minnesotans, and the 
190.12  council on Asian-Pacific Minnesotans the annual report required 
190.13  under section 257.0725.  
190.14     Sec. 7.  Minnesota Statutes 1996, section 257.0755, 
190.15  subdivision 1, is amended to read: 
190.16     Subdivision 1.  [CREATION.] One ombudsperson shall operate 
190.17  independently from but in collaboration with each of the 
190.18  following groups:  the Indian affairs council, 
190.19  the Spanish-Speaking affairs council on affairs of 
190.20  Chicano/Latino people, the council on Black Minnesotans, and the 
190.21  council on Asian-Pacific Minnesotans. 
190.22     Sec. 8.  Minnesota Statutes 1996, section 257.0768, 
190.23  subdivision 1, is amended to read: 
190.24     Subdivision 1.  [MEMBERSHIP.] Four community-specific 
190.25  boards are created.  Each board consists of five members.  The 
190.26  chair of each of the following groups shall appoint the board 
190.27  for the community represented by the group:  the Indian affairs 
190.28  council; the Spanish-Speaking Affairs council on affairs of 
190.29  Chicano/Latino people; the council on Black Minnesotans; and the 
190.30  council on Asian-Pacific Minnesotans.  In making appointments, 
190.31  the chair must consult with other members of the council. 
190.32     Sec. 9.  Minnesota Statutes 1996, section 257.0769, is 
190.33  amended to read: 
190.34     257.0769 [FUNDING FOR THE OMBUDSPERSON PROGRAM.] 
190.35     (a) Money is appropriated from the special fund authorized 
190.36  by section 256.01, subdivision 2, clause (15), to the Indian 
191.1   affairs council for the purposes of sections 257.0755 to 
191.2   257.0768. 
191.3      (b) Money is appropriated from the special fund authorized 
191.4   by section 256.01, subdivision 2, clause (15), to the 
191.5   Spanish-speaking Affairs council on affairs of Chicano/Latino 
191.6   people for the purposes of sections 257.0755 to 257.0768. 
191.7      (c) Money is appropriated from the special fund authorized 
191.8   by section 256.01, subdivision 2, clause (15), to the Council of 
191.9   Black Minnesotans for the purposes of sections 257.0755 to 
191.10  257.0768. 
191.11     (d) Money is appropriated from the special fund authorized 
191.12  by section 256.01, subdivision 2, clause (15), to the Council on 
191.13  Asian-Pacific Minnesotans for the purposes of sections 257.0755 
191.14  to 257.0768. 
191.15     Sec. 10.  Minnesota Statutes 1996, section 260.152, 
191.16  subdivision 2, is amended to read: 
191.17     Subd. 2.  [PROGRAM COMPONENTS.] (a) The commissioner of 
191.18  human services shall, in consultation with the Indian affairs 
191.19  council, the council on affairs of Spanish-speaking 
191.20  Chicano/Latino people, the council on Black Minnesotans, and the 
191.21  council on Asian-Pacific Minnesotans, provide grants to the 
191.22  counties for the pilot projects.  The projects shall build upon 
191.23  the existing service capabilities in the community and must 
191.24  include availability of screening for mental health problems of 
191.25  children who are alleged or found to be delinquent and children 
191.26  who are reported as being or found to be in need of protection 
191.27  or services. 
191.28     (b) The projects must include referral for mental health 
191.29  assessment of all children for whom the screening indicates a 
191.30  need.  This assessment is to be provided by the appropriate 
191.31  mental health professional.  If the child is of a minority race 
191.32  or minority ethnic heritage, the mental health professional must 
191.33  be skilled in and knowledgeable about the child's racial and 
191.34  ethnic heritage, or must consult with a special mental health 
191.35  consultant who has such knowledge so that the assessment is 
191.36  relevant, culturally specific, and sensitive to the child's 
192.1   cultural needs. 
192.2      (c) Upon completion of the assessment, the project must 
192.3   provide or ensure access to nonresidential mental health 
192.4   services identified as needed in the assessment. 
192.5      Sec. 11.  Minnesota Statutes 1996, section 260.152, 
192.6   subdivision 3, is amended to read: 
192.7      Subd. 3.  [SCREENING TOOL.] The commissioner of human 
192.8   services and the commissioner of corrections, in consultation 
192.9   with the Indian affairs council, the council on affairs of 
192.10  Spanish-speaking Chicano/Latino people, the council on Black 
192.11  Minnesotans, and the council on Asian-Pacific Minnesotans, shall 
192.12  jointly develop a model screening tool to screen children to 
192.13  determine if a mental health assessment is needed.  This tool 
192.14  must contain specific questions to identify potential mental 
192.15  health problems.  In implementing a pilot project, a county must 
192.16  either use this model tool or another screening tool approved by 
192.17  the commissioner of human services which meets the requirements 
192.18  of this section. 
192.19     Sec. 12.  Minnesota Statutes 1996, section 260.152, 
192.20  subdivision 6, is amended to read: 
192.21     Subd. 6.  [EVALUATION.] The commissioner of human services 
192.22  and the commissioner of corrections shall, in consultation with 
192.23  the Indian affairs council, the council on affairs 
192.24  of Spanish-speaking Chicano/Latino people, the council on Black 
192.25  Minnesotans, and the council on Asian-Pacific Minnesotans, 
192.26  develop systems and procedures for evaluating the pilot 
192.27  projects.  The departments must develop an interagency 
192.28  management information system to track children who receive 
192.29  mental health services.  The system must be designed to meet the 
192.30  information needs of the agencies involved and to provide a 
192.31  basis for evaluating outcome data.  The system must be designed 
192.32  to track the mental health treatment of children released from 
192.33  custody and to improve the planning, delivery, and evaluation of 
192.34  services and increase interagency collaboration.  The evaluation 
192.35  protocol must be designed to measure the impact of the program 
192.36  on juvenile recidivism, school performance, and state and county 
193.1   budgets. 
193.2                              ARTICLE 4 
193.3                       CONSTITUTIONAL CITATIONS 
193.4      Section 1.  Minnesota Statutes 1996, section 360.013, 
193.5   subdivision 20, is amended to read: 
193.6      Subd. 20.  [MUNICIPALITY.] "Municipality" means a city of 
193.7   any class, including a city organized under a charter framed 
193.8   pursuant to the Constitution of the State of Minnesota, Article 
193.9   4, Section 36, Article XI, Section 4, or Article XII, Section 5, 
193.10  a county, a town, or a statutory city in this state, the regents 
193.11  of the University of Minnesota, and any other political 
193.12  subdivision, public corporation, authority, or district in this 
193.13  state which is or may be authorized by law to acquire, 
193.14  establish, construct, maintain, improve, and operate airports 
193.15  and other air navigation facilities.  
193.16     Sec. 2.  Minnesota Statutes 1996, section 427.02, is 
193.17  amended to read: 
193.18     427.02 [DEPOSITORIES.] 
193.19     The council of any city in this state, but not including 
193.20  cities when governed under a charter adopted under and pursuant 
193.21  to the Constitution of the state of Minnesota, article IV, 
193.22  section 36, article XI, section 4, or article XII, section 5, 
193.23  and sections 410.03 to 410.24, and 441.01 to 441.09, and all 
193.24  acts supplemental thereto, in which charter the matter of 
193.25  designating depositories for city funds and the protection 
193.26  thereof is provided for, or in which charter it shall hereafter 
193.27  be provided for, shall have the power and authority to designate 
193.28  or redesignate at the beginning of each calendar year, or from 
193.29  time to time, the banks or other legal depositories of any city 
193.30  in which the treasurer of the city shall deposit and keep the 
193.31  moneys of the city, designating in each instance the maximum 
193.32  amount which may at any time be kept in any one of these 
193.33  depositories, which maximum amount shall in no case exceed 25 
193.34  percent of the paid-up capital and surplus of the depository, 
193.35  unless the depository shall deposit with the treasurer of the 
193.36  city United States government bonds to secure the deposit of the 
194.1   funds of the city; and, in that event, the amount so deposited 
194.2   shall not exceed the amount of the United States government 
194.3   bonds so deposited.  No depository shall deposit United States 
194.4   government bonds which mature within one year from the date such 
194.5   bonds were first considered as a part of the bank's reserve and 
194.6   which reserves are required by section 48.221.  The council of 
194.7   each city shall, at all times, designate depositories in the 
194.8   city, or elsewhere in the United States, sufficient for the 
194.9   depository of all funds which are likely to be in the hands of 
194.10  the treasurer of the city at any one time and shall, so far as 
194.11  consistent with the best interest of the city, designate these 
194.12  depositories in the city and require from these depositories 
194.13  good and sufficient bonds payable to the city in a penal sum not 
194.14  to exceed the amount designated as the limit of deposit therein, 
194.15  and conditioned for the safekeeping and payment of funds so 
194.16  deposited, or, in lieu thereof, good and sufficient collateral 
194.17  as provided for by section 118A.03.  
194.18     Sec. 3.  Minnesota Statutes 1996, section 435.27, is 
194.19  amended to read: 
194.20     435.27 [APPLICATION.] 
194.21     Section 435.26 shall be applicable to cities governed by a 
194.22  charter adopted pursuant to the Constitution of the State of 
194.23  Minnesota, Article 4, Section 36, Article XI, Section 4, or 
194.24  Article XII, Section 5.  
194.25     Sec. 4.  Minnesota Statutes 1996, section 458.40, is 
194.26  amended to read: 
194.27     458.40 [MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.] 
194.28     If a charter adopted under the Minnesota Constitution, 
194.29  article IV, section 36, article XI, section 4, or article XII, 
194.30  section 5, has a provision that requires the question of the 
194.31  issuance of bonds to be submitted to the electors, the provision 
194.32  prevails over sections 458.36 to 458.40. 
194.33     Sec. 5.  Minnesota Statutes 1996, section 463.01, is 
194.34  amended to read: 
194.35     463.01 [BUILDING LINES, EASEMENTS; EXISTING STRUCTURES.] 
194.36     The council of any city, including any city of this state 
195.1   operating under a home rule charter adopted pursuant to the 
195.2   Constitution of the State of Minnesota, Article 4, Section 
195.3   36, Article XI, Section 4, or Article XII, Section 5, may 
195.4   establish along any street or highway within such city a 
195.5   building line upon the land adjoining such street or highway, or 
195.6   any portion thereof, and distant not more than 50 feet from the 
195.7   margin of such street or highway, and may, in behalf of the 
195.8   city, acquire an easement in the land between such line and 
195.9   exterior street line, such that no buildings or structures shall 
195.10  be erected or maintained upon this land.  Such easement shall be 
195.11  known as a building line easement.  The governing body may, at 
195.12  the time they designate the easement to be acquired and define 
195.13  the line by which it is bounded, provide in the resolution 
195.14  designating such easement that buildings or structures or any 
195.15  portions of buildings or structures existing within the 
195.16  boundaries of the easement at that time may remain thereon for 
195.17  stated periods of time or remain thereon during the life of such 
195.18  buildings or structures or portions thereof, but no alteration 
195.19  of any such buildings or structures or portions thereof upon 
195.20  such easement shall be permitted after the designation of such 
195.21  easements, and when such buildings are removed no other 
195.22  buildings or structures shall be erected thereon.  Such 
195.23  permission to maintain existing structures upon such easement 
195.24  shall be clearly defined as to time in such resolution and shall 
195.25  confer the right upon the owner of such buildings or structures 
195.26  or portions thereof to maintain the same as defined in such 
195.27  resolution.  
195.28     Sec. 6.  Minnesota Statutes 1996, section 465.15, is 
195.29  amended to read: 
195.30     465.15 [CITIES MAY ACQUIRE EXEMPT PROPERTY.] 
195.31     Each city of the first class now or hereafter having a 
195.32  population of 50,000 inhabitants or more, including each such 
195.33  city operating under a charter adopted pursuant to the 
195.34  provisions of the Constitution of the State of Minnesota, 
195.35  article IV, section 36, article XI, section 4, or article XII, 
195.36  section 5, is hereby authorized and empowered to acquire by 
196.1   purchase, condemnation, or otherwise any right or interest in 
196.2   land either platted or unplatted within the limits of the city, 
196.3   which interest in land consists of a right or privilege in the 
196.4   owner of the land to offset certain amounts against special 
196.5   assessments levied by the governing body, the city council, or 
196.6   the board of park commissioners of such city for park or parkway 
196.7   purposes, or both.  
196.8      Sec. 7.  Minnesota Statutes 1996, section 465.20, is 
196.9   amended to read: 
196.10     465.20 [APPLICATION.] 
196.11     Sections 465.19 and 465.20 shall apply to all cities 
196.12  including those now or hereafter governed by a charter adopted 
196.13  pursuant to the Constitution of the state of Minnesota, article 
196.14  IV, section 36, article XI, section 4, or article XII, section 5.
196.15     Sec. 8.  Minnesota Statutes 1996, section 469.183, 
196.16  subdivision 4, is amended to read: 
196.17     Subd. 4.  [ADDITIONAL POWERS.] The authority granted in 
196.18  this section is in addition to all existing power and authority 
196.19  of any city operating under a home rule charter adopted in 
196.20  pursuance of the Constitution of the state of Minnesota, article 
196.21  IV, section 36, article XI, section 4, or article XII, section 5.
196.22                             ARTICLE 5 
196.23                          EMERGENCY RULES 
196.24     Section 1.  Minnesota Statutes 1996, section 18C.121, 
196.25  subdivision 1, is amended to read: 
196.26     Subdivision 1.  [ADMINISTRATION.] The commissioner may 
196.27  adopt emergency or permanent rules necessary to implement and 
196.28  enforce this chapter.  The rules must conform to national 
196.29  standards in a manner that is practicable and consistent with 
196.30  state law.  
196.31     Sec. 2.  Minnesota Statutes 1996, section 18C.575, 
196.32  subdivision 1, is amended to read: 
196.33     Subdivision 1.  [FOR ADMINISTRATION.] The commissioner may 
196.34  adopt emergency or permanent rules necessary to administer 
196.35  sections 18C.531 to 18C.575. 
196.36     Sec. 3.  Minnesota Statutes 1996, section 19.51, 
197.1   subdivision 1, is amended to read: 
197.2      Subdivision 1.  [ENFORCEMENT; RULES.] The commissioner 
197.3   shall enforce sections 19.50 to 19.65.  The commissioner may 
197.4   make all necessary examinations and inspections, and adopt 
197.5   emergency or permanent rules necessary to enforce sections 19.50 
197.6   to 19.65 promptly and effectively.  The commissioner may employ 
197.7   classified civil service employees necessary to administer 
197.8   sections 19.50 to 19.65, and may contract with individuals to 
197.9   serve as authorized agents. 
197.10     Sec. 4.  Minnesota Statutes 1996, section 31.874, is 
197.11  amended to read: 
197.12     31.874 [DISEASE CONTROL.] 
197.13     If the commissioner of agriculture finds that a disease or 
197.14  foreign matter is actually transmitted by a method of dispensing 
197.15  bulk foods that is permitted by section 31.84, the commissioner 
197.16  may adopt emergency or permanent rules more restrictive on the 
197.17  sale of that food than section 31.84.  The rules must address 
197.18  the specific relationship between the disease or foreign matter 
197.19  being transmitted and the dispensing methods permitted by 
197.20  section 31.84.  
197.21     Sec. 5.  Minnesota Statutes 1996, section 32.532, is 
197.22  amended to read: 
197.23     32.532 [ENFORCEMENT.] 
197.24     The commissioner is authorized and directed to administer 
197.25  and supervise the enforcement of sections 32.53 to 32.534; to 
197.26  provide for such periodic inspections and investigations as the 
197.27  commissioner may deem necessary to disclose violations; to 
197.28  receive and provide for the investigation of complaints; and to 
197.29  provide for the institution and prosecution of civil or criminal 
197.30  actions or both.  The provisions of these sections may be 
197.31  enforced by injunction in any court having jurisdiction to grant 
197.32  injunctive relief.  Artificial dairy products involved in a 
197.33  violation of these sections are subject to seizure and 
197.34  disposition in accordance with an appropriate court order or a 
197.35  rule adopted by the commissioner.  The commissioner may adopt 
197.36  emergency or permanent rules necessary to implement and 
198.1   administer sections 32.53 to 32.534.  
198.2      Sec. 6.  Minnesota Statutes 1996, section 32.71, 
198.3   subdivision 1, is amended to read: 
198.4      Subdivision 1.  [DUTIES; RULES.] The commissioner shall 
198.5   adopt emergency and permanent rules to implement and administer 
198.6   sections 32.70 to 32.74 as necessary. 
198.7      Sec. 7.  Minnesota Statutes 1996, section 41.53, 
198.8   subdivision 2, is amended to read: 
198.9      Subd. 2.  [RULES.] The commissioner may adopt emergency or 
198.10  permanent rules necessary for the efficient administration of 
198.11  sections 41.51 to 41.57; 41.58, subdivisions 1 and 2; 41.59, 
198.12  subdivision 1; and 41.61.  
198.13     Sec. 8.  Minnesota Statutes 1996, section 41A.09, 
198.14  subdivision 4, is amended to read: 
198.15     Subd. 4.  [RULEMAKING AUTHORITY.] The commissioner shall 
198.16  adopt emergency and permanent rules to implement this section. 
198.17     Sec. 9.  Minnesota Statutes 1996, section 62N.05, 
198.18  subdivision 1, is amended to read: 
198.19     Subdivision 1.  [RULES.] The commissioner, in consultation 
198.20  with the commission, may adopt emergency and permanent rules to 
198.21  establish more detailed requirements governing integrated 
198.22  service networks in accordance with this chapter. 
198.23     Sec. 10.  Minnesota Statutes 1996, section 62N.24, is 
198.24  amended to read: 
198.25     62N.24 [REVIEW OF RULES.] 
198.26     The commissioner of health shall mail copies of all 
198.27  proposed emergency and permanent rules that are being 
198.28  promulgated under this chapter to each member of the legislative 
198.29  commission on health care access prior to final adoption by the 
198.30  commissioner. 
198.31     Sec. 11.  Minnesota Statutes 1996, section 144A.073, 
198.32  subdivision 3, is amended to read: 
198.33     Subd. 3.  [REVIEW AND APPROVAL OF PROPOSALS.] Within the 
198.34  limits of money specifically appropriated to the medical 
198.35  assistance program for this purpose, the interagency long-term 
198.36  care planning committee may recommend that the commissioner of 
199.1   health grant exceptions to the nursing home licensure or 
199.2   certification moratorium for proposals that satisfy the 
199.3   requirements of this section.  The interagency committee shall 
199.4   appoint an advisory review panel composed of representatives of 
199.5   consumers and providers to review proposals and provide comments 
199.6   and recommendations to the committee.  The commissioners of 
199.7   human services and health shall provide staff and technical 
199.8   assistance to the committee for the review and analysis of 
199.9   proposals.  The interagency committee shall hold a public 
199.10  hearing before submitting recommendations to the commissioner of 
199.11  health on project requests.  The committee shall submit 
199.12  recommendations within 150 days of the date of the publication 
199.13  of the notice.  The commissioner of health shall approve or 
199.14  disapprove a project within 30 days after receiving the 
199.15  committee's recommendations.  The advisory review panel, the 
199.16  committee, and the commissioner of health shall base their 
199.17  recommendations, approvals, or disapprovals on a comparison and 
199.18  ranking of proposals using only the criteria in subdivision 4 
199.19  and in emergency and permanent rules adopted by the 
199.20  commissioner.  The cost to the medical assistance program of the 
199.21  proposals approved must be within the limits of the 
199.22  appropriations specifically made for this purpose.  Approval of 
199.23  a proposal expires 18 months after approval by the commissioner 
199.24  of health unless the facility has commenced construction as 
199.25  defined in section 144A.071, subdivision 1a, paragraph (d).  The 
199.26  committee's report to the legislature, as required under section 
199.27  144A.31, must include the projects approved, the criteria used 
199.28  to recommend proposals for approval, and the estimated costs of 
199.29  the projects, including the costs of initial construction and 
199.30  remodeling, and the estimated operating costs during the first 
199.31  two years after the project is completed. 
199.32     Sec. 12.  Minnesota Statutes 1996, section 148B.23, 
199.33  subdivision 3, is amended to read: 
199.34     Subd. 3.  [TEMPORARY RULEMAKING AUTHORITY.] The board is 
199.35  authorized to adopt emergency and permanent rules to implement 
199.36  this section. 
200.1      Sec. 13.  Minnesota Statutes 1996, section 176.108, is 
200.2   amended to read: 
200.3      176.108 [LIGHT-DUTY WORK POOLS.] 
200.4      Employers may form light-duty work pools for the purpose of 
200.5   encouraging the return to work of injured employees.  The 
200.6   commissioner may adopt emergency and permanent rules necessary 
200.7   to implement this section. 
200.8      Sec. 14.  Minnesota Statutes 1996, section 176.1351, 
200.9   subdivision 5, is amended to read: 
200.10     Subd. 5.  [REVOCATION, SUSPENSION, AND REFUSAL TO CERTIFY; 
200.11  PENALTIES AND ENFORCEMENT.] (a) The commissioner shall refuse to 
200.12  certify or shall revoke or suspend the certification of a 
200.13  managed care plan if the commissioner finds that the plan for 
200.14  providing medical or health care services fails to meet the 
200.15  requirements of this section, or service under the plan is not 
200.16  being provided in accordance with the terms of a certified plan. 
200.17     (b) In lieu of or in addition to suspension or revocation 
200.18  under paragraph (a), the commissioner may, for any noncompliance 
200.19  with the managed care plan as certified or any violation of a 
200.20  statute or rule applicable to a managed care plan, assess an 
200.21  administrative penalty payable to the special compensation fund 
200.22  in an amount up to $25,000 for each violation or incidence of 
200.23  noncompliance.  The commissioner may adopt emergency or 
200.24  permanent rules necessary to implement this subdivision.  In 
200.25  determining the level of an administrative penalty, the 
200.26  commissioner shall consider the following factors: 
200.27     (1) the number of workers affected or potentially affected 
200.28  by the violation or noncompliance; 
200.29     (2) the effect or potential effect of the violation or 
200.30  noncompliance on workers' health, access to health services, or 
200.31  workers' compensation benefits; 
200.32     (3) the effect or potential effect of the violation or 
200.33  noncompliance on workers' understanding of their rights and 
200.34  obligations under the workers' compensation law and rules; 
200.35     (4) whether the violation or noncompliance is an isolated 
200.36  incident or part of a pattern of violations; and 
201.1      (5) the potential or actual economic benefits derived by 
201.2   the managed care plan or a participating provider by virtue of 
201.3   the violation or noncompliance. 
201.4      The commissioner shall give written notice to the managed 
201.5   care plan of the penalty assessment and the reasons for the 
201.6   penalty.  The managed care plan has 30 days from the date the 
201.7   penalty notice is issued within which to file a written request 
201.8   for an administrative hearing and review of the commissioner's 
201.9   determination pursuant to section 176.85, subdivision 1. 
201.10     (c) If the commissioner, for any reason, has cause to 
201.11  believe that a managed care plan has or may violate a statute or 
201.12  rule or a provision of the managed care plan as certified, the 
201.13  commissioner may, before commencing action under paragraph (a) 
201.14  or (b), call a conference with the managed care plan and other 
201.15  persons who may be involved in the suspected violation or 
201.16  noncompliance for the purpose of ascertaining the facts relating 
201.17  to the suspected violation or noncompliance and arriving at an 
201.18  adequate and effective means of correcting or preventing the 
201.19  violation or noncompliance.  The commissioner may enter into 
201.20  stipulated consent agreements with the managed care plan for 
201.21  corrective or preventive action or the amount of the penalty to 
201.22  be paid.  Proceedings under this paragraph shall not be governed 
201.23  by any formal procedural requirements, and may be conducted in a 
201.24  manner the commissioner deems appropriate under the 
201.25  circumstances. 
201.26     (d) The commissioner may issue an order directing a managed 
201.27  care plan or a representative of a managed care plan to cease 
201.28  and desist from engaging in any act or practice that is not in 
201.29  compliance with the managed care plan as certified, or that it 
201.30  is in violation of an applicable statute or rule.  Within 30 
201.31  days of service of the order, the managed care plan may request 
201.32  review of the cease and desist order by an administrative law 
201.33  judge pursuant to chapter 14.  The decision of the 
201.34  administrative law judge shall include findings of fact, 
201.35  conclusions of law and appropriate orders, which shall be the 
201.36  final decision of the commissioner.  In the event of 
202.1   noncompliance with a cease and desist order, the commissioner 
202.2   may institute a proceeding in district court to obtain 
202.3   injunctive or other appropriate relief. 
202.4      (e) A managed care plan, participating health care 
202.5   provider, or an employer or insurer that receives services from 
202.6   the managed care plan, shall cooperate fully with an 
202.7   investigation by the commissioner.  For purposes of this 
202.8   section, cooperation includes, but is not limited to, attending 
202.9   a conference called by the commissioner under paragraph (c), 
202.10  responding fully and promptly to any questions relating to the 
202.11  subject of the investigation, and providing copies of records, 
202.12  reports, logs, data, and other information requested by the 
202.13  commissioner to assist in the investigation.  
202.14     (f) Any person acting on behalf of a managed care plan who 
202.15  knowingly submits false information in any report required to be 
202.16  filed by a managed care plan is guilty of a misdemeanor. 
202.17     Sec. 15.  Minnesota Statutes 1996, section 176.1351, 
202.18  subdivision 6, is amended to read: 
202.19     Subd. 6.  [RULES.] The commissioner may adopt emergency or 
202.20  permanent rules necessary to implement this section. 
202.21     Sec. 16.  Minnesota Statutes 1996, section 176.1812, 
202.22  subdivision 7, is amended to read: 
202.23     Subd. 7.  [RULES.] The commissioner may adopt emergency or 
202.24  permanent rules necessary to implement this section. 
202.25     Sec. 17.  Minnesota Statutes 1996, section 176.83, 
202.26  subdivision 5, is amended to read: 
202.27     Subd. 5.  [TREATMENT STANDARDS FOR MEDICAL SERVICES.] In 
202.28  consultation with the medical services review board or the 
202.29  rehabilitation review panel, the commissioner shall adopt 
202.30  emergency and permanent rules establishing standards and 
202.31  procedures for health care provider treatment.  The rules shall 
202.32  apply uniformly to all providers including those providing 
202.33  managed care under section 176.1351.  The rules shall be used to 
202.34  determine whether a provider of health care services and 
202.35  rehabilitation services, including a provider of medical, 
202.36  chiropractic, podiatric, surgical, hospital, or other services, 
203.1   is performing procedures or providing services at a level or 
203.2   with a frequency that is excessive, unnecessary, or 
203.3   inappropriate under section 176.135, subdivision 1, based upon 
203.4   accepted medical standards for quality health care and accepted 
203.5   rehabilitation standards.  
203.6      The rules shall include, but are not limited to, the 
203.7   following: 
203.8      (1) criteria for diagnosis and treatment of the most common 
203.9   work-related injuries including, but not limited to, low back 
203.10  injuries and upper extremity repetitive trauma injuries; 
203.11     (2) criteria for surgical procedures including, but not 
203.12  limited to, diagnosis, prior conservative treatment, supporting 
203.13  diagnostic imaging and testing, and anticipated outcome 
203.14  criteria; 
203.15     (3) criteria for use of appliances, adaptive equipment, and 
203.16  use of health clubs or other exercise facilities; 
203.17     (4) criteria for diagnostic imaging procedures; 
203.18     (5) criteria for inpatient hospitalization; and 
203.19     (6) criteria for treatment of chronic pain. 
203.20     If it is determined by the payer that the level, frequency 
203.21  or cost of a procedure or service of a provider is excessive, 
203.22  unnecessary, or inappropriate according to the standards 
203.23  established by the rules, the provider shall not be paid for the 
203.24  procedure, service, or cost by an insurer, self-insurer, or 
203.25  group self-insurer, and the provider shall not be reimbursed or 
203.26  attempt to collect reimbursement for the procedure, service, or 
203.27  cost from any other source, including the employee, another 
203.28  insurer, the special compensation fund, or any government 
203.29  program unless the commissioner or compensation judge determines 
203.30  at a hearing or administrative conference that the level, 
203.31  frequency, or cost was not excessive under the rules in which 
203.32  case the insurer, self-insurer, or group self-insurer shall make 
203.33  the payment deemed reasonable.  
203.34     A rehabilitation provider who is determined by the 
203.35  rehabilitation review panel board, after hearing, to be 
203.36  consistently performing procedures or providing services at an 
204.1   excessive level or cost may be prohibited from receiving any 
204.2   further reimbursement for procedures or services provided under 
204.3   this chapter.  A prohibition imposed on a provider under this 
204.4   subdivision may be grounds for revocation or suspension of the 
204.5   provider's license or certificate of registration to provide 
204.6   health care or rehabilitation service in Minnesota by the 
204.7   appropriate licensing or certifying body.  The commissioner and 
204.8   medical services review board shall review excessive, 
204.9   inappropriate, or unnecessary health care provider treatment 
204.10  under section 176.103. 
204.11     Sec. 18.  Minnesota Statutes 1996, section 182.676, is 
204.12  amended to read: 
204.13     182.676 [SAFETY COMMITTEES.] 
204.14     Every public or private employer of more than 25 employees 
204.15  shall establish and administer a joint labor-management safety 
204.16  committee.  
204.17     Every public or private employer of 25 or fewer employees 
204.18  shall establish and administer a safety committee if: 
204.19     (1) the employer has a lost workday cases incidence rate in 
204.20  the top ten percent of all rates for employers in the same 
204.21  industry; or 
204.22     (2) the workers' compensation premium classification 
204.23  assigned to the greatest portion of the payroll for the employer 
204.24  has a pure premium rate as reported by the workers' compensation 
204.25  rating association in the top 25 percent of premium rates for 
204.26  all classes. 
204.27     A safety committee must hold regularly scheduled meetings 
204.28  unless otherwise provided in a collective bargaining agreement. 
204.29     Employee safety committee members must be selected by 
204.30  employees.  An employer that fails to establish or administer a 
204.31  safety committee as required by this section may be cited by the 
204.32  commissioner.  A citation is punishable as a serious violation 
204.33  under section 182.666. 
204.34     The commissioner may adopt emergency or permanent rules 
204.35  necessary to implement this section.  
204.36     Sec. 19.  Minnesota Statutes 1996, section 223.19, is 
205.1   amended to read: 
205.2      223.19 [RULES.] 
205.3      The commissioner may make emergency or permanent rules 
205.4   pursuant to chapter 14 to carry out the provisions of sections 
205.5   223.15 to 223.22.  
205.6      Sec. 20.  Minnesota Statutes 1996, section 237.711, is 
205.7   amended to read: 
205.8      237.711 [IMPLEMENTATION RULES.] 
205.9      The commission may adopt emergency and permanent rules to 
205.10  implement Laws 1988, chapter 621, sections 1 to 16. 
205.11     Sec. 21.  Minnesota Statutes 1996, section 244.09, 
205.12  subdivision 13, is amended to read: 
205.13     Subd. 13.  [RULEMAKING POWER.] The commission shall have 
205.14  authority to promulgate emergency and permanent rules to carry 
205.15  out the purposes of subdivision 5.  
205.16     Sec. 22.  Minnesota Statutes 1996, section 245.4886, 
205.17  subdivision 2, is amended to read: 
205.18     Subd. 2.  [GRANT APPLICATION AND REPORTING REQUIREMENTS.] 
205.19  To apply for a grant a county board shall submit an application 
205.20  and budget for the use of the money in the form specified by the 
205.21  commissioner.  The commissioner shall make grants only to 
205.22  counties whose applications and budgets are approved by the 
205.23  commissioner.  In awarding grants, the commissioner shall give 
205.24  priority to those counties whose applications indicate plans to 
205.25  collaborate in the development, funding, and delivery of 
205.26  services with other agencies in the local system of care.  The 
205.27  commissioner may adopt emergency and permanent rules to govern 
205.28  grant applications, approval of applications, allocation of 
205.29  grants, and maintenance of financial statements by grant 
205.30  recipients and may establish grant requirements for the fiscal 
205.31  year ending June 30, 1992, without adopting rules.  The 
205.32  commissioner shall specify requirements for reports, including 
205.33  quarterly fiscal reports, according to section 256.01, 
205.34  subdivision 2, paragraph (17).  The commissioner shall require 
205.35  collection of data and periodic reports which the commissioner 
205.36  deems necessary to demonstrate the effectiveness of each service 
206.1   in realizing the stated purpose as specified for family 
206.2   community support in section 245.4884, subdivision 1; 
206.3   therapeutic support of foster care in section 245.4884, 
206.4   subdivision 4; professional home-based family treatment in 
206.5   section 245.4884, subdivision 3; day treatment in section 
206.6   245.4884, subdivision 2; and case management in section 245.4881.
206.7      Sec. 23.  Minnesota Statutes 1996, section 245.62, 
206.8   subdivision 2, is amended to read: 
206.9      Subd. 2.  [DEFINITION.] A community mental health center is 
206.10  a private nonprofit corporation or public agency approved under 
206.11  the emergency and permanent rules promulgated by the 
206.12  commissioner pursuant to subdivision 4.  
206.13     Sec. 24.  Minnesota Statutes 1996, section 245.62, 
206.14  subdivision 4, is amended to read: 
206.15     Subd. 4.  [RULES.] The commissioner shall promulgate 
206.16  emergency and permanent rules to establish standards for the 
206.17  designation of an agency as a community mental health center. 
206.18  These standards shall include, but are not limited to:  
206.19     (a) provision of mental health services in the prevention, 
206.20  identification, treatment and aftercare of emotional disorders, 
206.21  chronic and acute mental illness, mental retardation and 
206.22  developmental disabilities, and alcohol and drug abuse and 
206.23  dependency, including the services listed in section 245.61 
206.24  except detoxification services; 
206.25     (b) establishment of a community mental health center board 
206.26  pursuant to section 245.66; and 
206.27     (c) approval pursuant to section 245.69, subdivision 2.  
206.28     Sec. 25.  Minnesota Statutes 1996, section 245.69, 
206.29  subdivision 2, is amended to read: 
206.30     Subd. 2.  The commissioner of human services has the 
206.31  authority to approve or disapprove public and private mental 
206.32  health centers and public and private mental health clinics for 
206.33  the purposes of section 62A.152, subdivision 2.  For the 
206.34  purposes of this subdivision the commissioner shall promulgate 
206.35  both emergency and permanent rules in accordance with sections 
206.36  14.001 to 14.69.  The rules shall require each applicant to pay 
207.1   a fee to cover costs of processing applications and determining 
207.2   compliance with the rules and this subdivision.  The 
207.3   commissioner may contract with any state agency, individual, 
207.4   corporation or association to which the commissioner shall 
207.5   delegate all but final approval and disapproval authority to 
207.6   determine compliance or noncompliance.  
207.7      (a) Each approved mental health center and each approved 
207.8   mental health clinic shall have a multidisciplinary team of 
207.9   professional staff persons as required by rule.  A mental health 
207.10  center or mental health clinic may provide the staffing required 
207.11  by rule by means of written contracts with professional persons 
207.12  or with other health care providers.  Any personnel 
207.13  qualifications developed by rule shall be consistent with any 
207.14  personnel standards developed pursuant to chapter 214.  
207.15     (b) Each approved mental health clinic and each approved 
207.16  mental health center shall establish a written treatment plan 
207.17  for each outpatient for whom services are reimbursable through 
207.18  insurance or public assistance.  The treatment plan shall be 
207.19  developed in accordance with the rules and shall include a 
207.20  patient history, treatment goals, a statement of diagnosis and a 
207.21  treatment strategy.  The clinic or center shall provide access 
207.22  to hospital admission as a bed patient as needed by any 
207.23  outpatient.  The clinic or center shall ensure ongoing 
207.24  consultation among and availability of all members of the 
207.25  multidisciplinary team.  
207.26     (c) As part of the required consultation, members of the 
207.27  multidisciplinary team shall meet at least twice monthly to 
207.28  conduct case reviews, peer consultations, treatment plan 
207.29  development and in-depth case discussion.  Written minutes of 
207.30  these meetings shall be kept at the clinic or center for three 
207.31  years.  
207.32     (d) Each approved center or clinic shall establish 
207.33  mechanisms for quality assurance and submit documentation 
207.34  concerning the mechanisms to the commissioner as required by 
207.35  rule, including:  
207.36     (1) Continuing education of each professional staff person; 
208.1      (2) An ongoing internal utilization and peer review plan 
208.2   and procedures; 
208.3      (3) Mechanisms of staff supervision; and 
208.4      (4) Procedures for review by the commissioner or a delegate.
208.5      (e) The commissioner shall disapprove an applicant, or 
208.6   withdraw approval of a clinic or center, which the commissioner 
208.7   finds does not comply with the requirements of the rules or this 
208.8   subdivision.  A clinic or center which is disapproved or whose 
208.9   approval is withdrawn is entitled to a contested case hearing 
208.10  and judicial review pursuant to sections 14.01 to 14.69.  
208.11     (f) Data on individuals collected by approved clinics and 
208.12  centers, including written minutes of team meetings, is private 
208.13  data on individuals within the welfare system as provided in 
208.14  chapter 13.  
208.15     (g) Each center or clinic that is approved and in 
208.16  compliance with the commissioner's existing rule on July 1, 1980 
208.17  is approved for purposes of section 62A.152, subdivision 2, 
208.18  until rules are promulgated to implement this section. 
208.19     Sec. 26.  Minnesota Statutes 1996, section 252.275, 
208.20  subdivision 6, is amended to read: 
208.21     Subd. 6.  [RULES.] The commissioner may adopt emergency and 
208.22  permanent rules in accordance with chapter 14 to govern 
208.23  allocation, reimbursement, and compliance.  
208.24     Sec. 27.  Minnesota Statutes 1996, section 252.291, 
208.25  subdivision 5, is amended to read: 
208.26     Subd. 5.  [RULEMAKING.] The commissioner of human services 
208.27  shall promulgate emergency and permanent rules pursuant to 
208.28  chapter 14, the administrative procedure act, to implement this 
208.29  section.  
208.30     Sec. 28.  Minnesota Statutes 1996, section 256.736, 
208.31  subdivision 7, is amended to read: 
208.32     Subd. 7.  [RULEMAKING.] The commissioner of human services, 
208.33  in cooperation with the commissioner of economic security, may 
208.34  adopt permanent and emergency rules necessary to qualify for any 
208.35  federal funds available under this section and to carry out this 
208.36  section. 
209.1      Sec. 29.  Minnesota Statutes 1996, section 256.82, 
209.2   subdivision 4, is amended to read: 
209.3      Subd. 4.  [RULES.] The commissioner shall adopt emergency 
209.4   and permanent rules to implement subdivision 3.  In developing 
209.5   rules, the commissioner shall take into consideration any 
209.6   existing difficulty of care payment rates so that, to the extent 
209.7   possible, no child for whom a difficulty of care rate is 
209.8   currently established will be adversely affected. 
209.9      Sec. 30.  Minnesota Statutes 1996, section 256B.092, 
209.10  subdivision 6, is amended to read: 
209.11     Subd. 6.  [RULES.] The commissioner shall adopt emergency 
209.12  and permanent rules to establish required controls, 
209.13  documentation, and reporting of services provided in order to 
209.14  assure proper administration of the approved waiver plan, and to 
209.15  establish policy and procedures to reduce duplicative efforts 
209.16  and unnecessary paperwork on the part of case managers.  
209.17     Sec. 31.  Minnesota Statutes 1996, section 256B.49, 
209.18  subdivision 2, is amended to read: 
209.19     Subd. 2.  [RULES.] The commissioner of human services may 
209.20  adopt emergency and permanent rules as necessary to implement 
209.21  subdivision 1.  
209.22     Sec. 32.  Minnesota Statutes 1996, section 256D.03, 
209.23  subdivision 7, is amended to read: 
209.24     Subd. 7.  [DUTIES OF THE COMMISSIONER.] The commissioner 
209.25  shall promulgate emergency and permanent rules as necessary to 
209.26  establish:  
209.27     (a) standards of eligibility, utilization of services, and 
209.28  payment levels; 
209.29     (b) standards for quality assurance, surveillance, and 
209.30  utilization review procedures that conform to those established 
209.31  for the medical assistance program pursuant to chapter 256B, 
209.32  including general criteria and procedures for the identification 
209.33  and prompt investigation of suspected fraud, theft, abuse, 
209.34  presentment of false or duplicate claims, presentment of claims 
209.35  for services not medically necessary, or false statements or 
209.36  representations of material facts by a vendor or recipient of 
210.1   general assistance medical care, and for the imposition of 
210.2   sanctions against such vendor or recipient of medical care.  The 
210.3   rules relating to sanctions shall be consistent with the 
210.4   provisions of section 256B.064, subdivisions 1a and 2; and 
210.5      (c) administrative and fiscal procedures for payment of the 
210.6   state share of the medical costs incurred by the counties under 
210.7   section 256D.02, subdivision 4a.  Rules promulgated pursuant to 
210.8   this clause may include:  (1) procedures by which state 
210.9   liability for the costs of medical care incurred pursuant to 
210.10  section 256D.02, subdivision 4a may be deducted from county 
210.11  liability to the state under any other public assistance program 
210.12  authorized by law; (2) procedures for processing claims of 
210.13  counties for reimbursement by the state for expenditures for 
210.14  medical care made by the counties pursuant to section 256D.02, 
210.15  subdivision 4a; and (3) procedures by which the county agencies 
210.16  may contract with the commissioner of human services for state 
210.17  administration of general assistance medical care payments.  
210.18     Sec. 33.  Minnesota Statutes 1996, section 259.71, 
210.19  subdivision 5, is amended to read: 
210.20     Subd. 5.  [MEDICAL ASSISTANCE; DUTIES OF THE COMMISSIONER 
210.21  OF HUMAN SERVICES.] The commissioner of human services shall:  
210.22     (a) Issue a medical assistance identification card to any 
210.23  child with special needs who is title IV-E eligible, or who is 
210.24  not title IV-E eligible but was determined by another state to 
210.25  have a special need for medical or rehabilitative care, and who 
210.26  is a resident in this state and is the subject of an adoption 
210.27  assistance agreement with another state when a certified copy of 
210.28  the adoption assistance agreement obtained from the adoption 
210.29  assistance state has been filed with the commissioner.  The 
210.30  adoptive parents shall be required at least annually to show 
210.31  that the agreement is still in force or has been renewed.  
210.32     (b) Consider the holder of a medical assistance 
210.33  identification card under this subdivision as any other 
210.34  recipient of medical assistance under chapter 256B; process and 
210.35  make payment on claims for the recipient in the same manner as 
210.36  for other recipients of medical assistance.  
211.1      (c) Provide coverage and benefits for a child who is title 
211.2   IV-E eligible or who is not title IV-E eligible but was 
211.3   determined to have a special need for medical or rehabilitative 
211.4   care and who is in another state and who is covered by an 
211.5   adoption assistance agreement made by the commissioner for the 
211.6   coverage or benefits, if any, which is not provided by the 
211.7   resident state.  The adoptive parents acting for the child may 
211.8   submit evidence of payment for services or benefit amounts not 
211.9   payable in the resident state and shall be reimbursed.  However, 
211.10  there shall be no reimbursement for services or benefit amounts 
211.11  covered under any insurance or other third party medical 
211.12  contract or arrangement held by the child or the adoptive 
211.13  parents.  
211.14     (d) Publish emergency and permanent rules implementing this 
211.15  subdivision.  Such rules shall include procedures to be followed 
211.16  in obtaining prior approvals for services which are required for 
211.17  the assistance.  
211.18     Sec. 34.  Minnesota Statutes 1996, section 268.0122, 
211.19  subdivision 5, is amended to read: 
211.20     Subd. 5.  [RULEMAKING.] The commissioner may make emergency 
211.21  and permanent rules to carry out this chapter. 
211.22     Sec. 35.  Minnesota Statutes 1996, section 268.90, 
211.23  subdivision 3, is amended to read: 
211.24     Subd. 3.  [COMMISSIONER OF ECONOMIC SECURITY.] The 
211.25  commissioner shall: 
211.26     (1) make emergency or permanent rules governing plan 
211.27  content, criteria for approval, and administrative standards; 
211.28     (2) refer community investment program administrators to 
211.29  the appropriate state agency for technical assistance in 
211.30  developing and administering community investment programs; 
211.31     (3) establish the method by which community investment 
211.32  programs will be approved or disapproved through the community 
211.33  investment program plan and the annual update component of the 
211.34  county plan; 
211.35     (4) review and comment on community investment program 
211.36  plans; 
212.1      (5) institute ongoing methods to monitor and evaluate 
212.2   community investment programs; and 
212.3      (6) consult with the commissioner of human services on the 
212.4   approval of county plans for community investment programs 
212.5   relating to the participation of public assistance recipients. 
212.6      Sec. 36.  Minnesota Statutes 1996, section 462A.03, 
212.7   subdivision 10, is amended to read: 
212.8      Subd. 10.  [PERSONS AND FAMILIES OF LOW AND MODERATE 
212.9   INCOME.] "Persons and families of low and moderate income" means 
212.10  persons and families, irrespective of race, creed, national 
212.11  origin, sex, or status with respect to guardianship or 
212.12  conservatorship, determined by the agency to require such 
212.13  assistance as is made available by sections 462A.01 to 462A.24 
212.14  on account of personal or family income not sufficient to afford 
212.15  adequate housing.  In making such determination the agency shall 
212.16  take into account the following:  (a) The amount of the total 
212.17  income of such persons and families available for housing needs, 
212.18  (b) the size of the family, (c) the cost and condition of 
212.19  housing facilities available, (d) the eligibility of such 
212.20  persons and families to compete successfully in the normal 
212.21  housing market and to pay the amounts at which private 
212.22  enterprise is providing sanitary, decent and safe housing.  In 
212.23  the case of federally subsidized mortgages with respect to which 
212.24  income limits have been established by any agency of the federal 
212.25  government having jurisdiction thereover for the purpose of 
212.26  defining eligibility of low and moderate income families, the 
212.27  limits so established shall govern under the provision of 
212.28  sections 462A.01 to 462A.24.  In all other cases income limits 
212.29  for the purpose of defining low or moderate income persons shall 
212.30  be established by the agency by emergency or permanent rules.